Item S2
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BOARD OF COUNTY COMMISSIONERS
C ounty of M onroe
Mayor David Rice, District 4
Mayor Pro Tem Craig Cates, District 1
The Florida Keys
Michelle Coldiron, District 2
Vacant, District 3
Holly Merrill Raschein, District 5
County Commission Meeting
March 16, 2022
Agenda Item Number: S.2
Agenda Item Summary #10298
BULK ITEM: No DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Cheryl Cioffari (305) 289-2506
1:30 public hearing
AGENDA ITEM WORDING: A Public Hearing to Consider a Resolution Renouncing,
Disclaiming, and Vacating 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 on 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 &
Largo 89, LLC, and AJC Berna Properties,
, requesting the
Monroe County Board of County
voluntarily renounce, disclaim, vacate and
abandon a portion of that certain public
right-of-way known as Kay Drive, Key
Largo, Monroe County, Florida, as shown
on the plat of Key Largo Trailer Village,
Plat Book 5, Page 43, and on the plat of
Key Largo Trailer Village First Addition,
Plat Book 5, Page 55.
The Applicants own the properties to the east (outlined in blue above) and to the west (outlined in
yellow above) of the existing Kay Drive public-right-of-way.
request for the BOCC to abandon the subject portion of public right-of-way in their favor, as
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The portion of the Kay Drive public right-of-way that the Applicants are seeking to have the BOCC
abandon in their favor is outlined in orange in the figure below in the left column and moreover
This right-of-way abandonment petition has been reviewed by the professional staff of the Monroe
County Planning and Environmental Resources Department and utility providers. The following
comments were receieved from utility providers and professional staff:
Florida Keys Electric Cooperative
Grant of Easement, signed October 23, 2020, by Juan Vazquez of Largo 89, LLC.
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 e-ng further is
need from AT&T. FKEC allows us to use their easement when supporting our facilities on
Comcast, dated September 21, 2021
An e-mail 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.
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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
did not furnish an objection.
Monroe County Code Compliance, dated September 9, 2021
Code Compliance has no objection to the proposeed road abandonment at this time.
The Monroe County (MCSO) indicated no objection as a function of law
enforcement but did note that the public right-of-way abandonment the Applicants hae
requested would restrict water access to Tarpon Basin. See below.
Excerpt from the MCSO/
Monroe County Engineering Department, dated February 4, 2022
The Engineering Office of the Monroe County Engineering/Roads and Bridges Department
indicated that if the BOCC approves abandonment of the subject portion of the Kay Drive
public right-of-way, that a T-turnaround would not be required.
The professional staff of the Roads and Bridges Office of the Monroe County
Engineering/Roads and Bridges Department indicated that residents in the area use the area
the Applicants have requested abandonment of to access the water, and that abandonment of
this portion of the Kay Drive public right-of-way will eliminate the ability to do so. See
below.
Excerpt from the Monroe County Engineering/Roads and Bridges Department letter:
*****
Consistency with the Monroe County Code of Ordinances and Monroe County Comprehensive
Plan Key Largo Livable Communikeys Plan
The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in
Chapter 19, Article I, Section 19-1 Abandonment of rights-of-way.
Monroe County Code Section 19-1 - Abandonment of rights-of-way states:
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(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 for the proposed abandonment has not demonstrated that this portion of the public
right-of-way is no longer required for public use and convenience. The submitted Application itself
indicates that the area is used by the public frequently. The MCSO/Monroe
County Engineering/Roads and Bridges Department have noted that the area is used regularly by the
public to access the open water i.e., Tarpon Basin.
Per Policy 101.19.2 of the Monroe County Comprehensive Plan:
The Community Master Plans shall be incorporated into the 2030 Comprehensive
Plan as a part of the plan and be implemented as part of the Comprehensive Plan.
The following Community Master Plans have been completed in accordance with
the principles outlined in this section and adopted by the Board of County
Commissioners:
5. The Key Largo Livable CommuniKeys Master Plan is incorporated by
reference into the 2010 Comprehensive Plan. Only the Strategies denoted with a
green checkmark in this Master Plan have been adopted and approved as
equivalent to the term Objectives in the Comprehensive Plan. Only the Action
Items denoted with a green checkmark in this Master Plan have been adopted
equivalent to the term Policy in the Comprehensive Plan. Strategies and Action
Items without a green checkmark next to them are not considered to be consistent
with the definitions of "Objective" and "Policy" and therefore do not serve as
equivalents. Adopted by Ordinance 012-2007.
There are several ction Items in the Key Largo Livable Communikeys Master
Plan (Key Largo LCP) that indicate the importance of preserving access to shorelines. 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 (). Strategies and Action Items with a
checkmark in the 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 is
the waterfront. Key Largo, while surrounded by water, has relatively few water access points for the
c
Goal Nine of the Key Largo LCP expresses a desire to proivde additional recreational opportunites
and expansion of public shoreline access. The Current Conditions Summary for this goal states that
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eline (Table 8) and provide limited public access to
See below.
Key Largo LCP Checkmark Strategies and Action Items Equivalent to Objectives and Policies:
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
1
\[Table 8\].
1
Right-of Ways Ending at the Shoreline.
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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.
(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 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
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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 the Kay Drive public right-of-way would be
inconsistent with the Key Largo Livable Communikeys Plan (and therefore inconsistent with
the Monroe County Comprehensive 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
2
abandonment of roads that end at the shoreline, including those listed in Table 6 \[Table 8\].
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.
The Key Largo LCP and the Code specifically utilize(s) d
-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
That certain portion of the Kay Drive public right-of-way the Applicants have requested for the
BOCC to abandon in their favor provides clear and direct access for the public to land on open
2
As before (as previously stated at Footnote 1 above), it appears th
Table 6 provides a list of uses; Table 8 indicates County Right-of Ways Ending at the Shoreline.
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water. The basis communicated by the Applicants in furtherance of their request for the BOCC to
abandon this portion of the Kay Drive public right-of-way in their favor is to prevent use of land on
open water, and use of said open water, on the alleged grounds that such activity is unauthorized.
The subject right-of-way provides lawful access by the public to the land, and subsequently, the
open water.
On May 19, 2010, the BOCC held a public hearing to consider a Resolution to close the extension of
Kay Drive, leading to the water (i.e., the area of this abandonment request) from sunset to sunrise. At
said hearing, commissioners discussed the fact that liveaboard residents use this location to access
their vessels, and it would be reasonable to provide hours of access past sunset to allow them to
return home to their vessels following dinner, grocery shopping, a movie, etc. Therefore, the hours
of closure were approved per Monroe County BOCC Resolution No. 146-2010 from 11:00 P.M. to
sunrise. The area has been signed as such. It is important to note that the BOCC did not close this
area during the daytime use by the public during the day and early evening is authorized. See
below.
The proposed right-of-way abandonment is inconsistent with Section 19-1(b)(2), and with
Action Item 9.1.3 and Strategy 9.4 of the Key Largo LCP (and therefore inconsistent with the
Comprehensive Plan).
(3) The abandonment would preclude a way for the public to maintain access to the water.
The requested abandonment would preclude a way for the public to maintain access to the water. If
the subject portion of public right-of-way is abandoned, the underlying land would be divided
amongst adjacent landowners and, in this case, would become private
property. As such, and based upon the Applicants reasons to request the proposed right-of-way
abandonment, it is highly unlikely that the Applicants would maintain access to the water for the
public.
The proposed right-of-way abandonment inconsistent with Section 19-1(b)(3).
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Photo: February 1, 2022.
(c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
agreement to do so by all affected property owners. For purposes of this subsection, an
affected property owner is the owner of property which directly adjoins the area subject to
abandonment or, if the right-of-way is abandoned, will:
(1) Have access that is currently used by that property owner eliminated or diminished;
(2) Have the only platted access eliminated;
(3) Have the paved area adjacent to that property increased for turn-around purposes; or
(4) Be increased in size.
Although Monroe County Code of Ordinances Section 19-1(c) is not applicable to the subject
application as the proposed abandonment is not allowed (as detailed above), per the criteria set forth
in Section 19-1(b) and analyzed above, the profsesional staff has nonetheless reviewed the
application for compliance with 19-1(c)(1)-(4) and found that all affected property owners have
effectively assented to possible abandonment.
(d) All right of way abandonments shall comply with the County Code and Standard
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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 Monroe County Fire Marshal did not require a turn-around area.
As indicated in the foregoing, the Monroe County Engineering/Roads and Bridges Department did
not require a turn-around area.
(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 of Ordinancse Section 19-1(e) does not apply to the subject application.
In conclusion, the requested abandonment of a portion of the public right-of-way of
Kay Drive does not meet the criteria cited above, is inconsistent with the Key Largo
LCP (and therefore inconsistent with the Monroe County Comprehensive Plan) and is
therefore not recommended for abandonment. In order to legally abandon the
requested portion of right-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:
At the February 16, 2022, meeting of the Board of County Commissioners, the BOCC set the instant
public hearing for the requested abandonment of the subject portion of the Kay Drive public right-
of-way.
On September 18, 2019, the BOCC had a discussion and direction on possibly developing County
policy for addressing concerns raised by residents living in neighborhoods where live-aboard boaters
access land through filled land s right of way and the shoreline. The
BOCC did not give direction to staff to develop such a policy.
On May 19, 2010, the BOCC adopted Resolution No. 146-2010 closing the entire extension of the
Kay Drive right-of-way extending north of the intersection of Kay Drive and Avenue D and ending
at the open water from 11:00 P.M. to sunrise and to allow for appropriate signage.
CONTRACT/AGREEMENT CHANGES:
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n/a
STAFF RECOMMENDATION: The professional staff recommends denial of the requested
public right-of-way abandonment as it does not meet the criteria set forth in Code Section 19-1 and
is inconsistent with the Monroe County Comprehensive Plan's Key Largo Livable Communikeys
Master Plan (LCP).
Amendments to the Key Largo LCP and the Code of Ordinances, Section 19-1, are required in
order to legally abandon the subject public right-of-way of Kay Drive.
DOCUMENTATION:
2021-006_BOCC_SR_03.16.22
Draft Resol
Survey Description of A-1
Survey Description of A-2
FKEC Easement_10.23.2020
Key Largo CommuniKeys Plan Goal 9
County Letters of No Objection
FINANCIAL IMPACT:
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: NA
Additional Details:
REVIEWED BY:
Emily Schemper Completed 02/28/2022 2:13 PM
Peter Morris Completed 02/28/2022 3:49 PM
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Purchasing Completed 02/28/2022 4:25 PM
Budget and Finance Completed 03/01/2022 8:40 AM
Maria Slavik Completed 03/01/2022 9:33 AM
Liz Yongue Completed 03/01/2022 10:46 AM
Board of County Commissioners Pending 03/16/2022 9:00 AM
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1
2
3
4MEMORANDUM
5M ONROE C OUNTY P LANNING & E NVIRONMENTAL R ESOURCES D EPARTMENT
6We strive to be caring, professional and fair
7
8To: Monroe County Board of County Commissioners
9
10Through: Emily Schemper, AICP, CFM, Senior Director of Planning & Environmental Resources
11
12From: Cheryl Cioffari, AICP, Assistant Director of Planning
13
14Date: February 28, 2022
15
16Subject: A public hearing to consider a resolution renouncing and disclaiming any right of the
17County and the public in and to a portion of the right-of-way of Kay Drive, Key Largo,
18Monroe County, Florida, as shown on the plat of Key Largo Trailer Village, Plat Book 5,
19Page 43 and the plat of Key Largo Trailer Village First Addition, Plat Book 5, Page 55.
20(File 2021-006).
21
22Meeting: March 16, 2022 Public Hearing
23
24I.!REQUEST
25
26On January 15, 2021, the Planning and
27Environmental Resources Department received
28an application from James S. Lupino, Esq. of
29Hershoff, Lupino & Yagel, LLP on
30behalf of Largo 89, LLC and AJC Berna
31sto abandon a
32portion of Kay Drive, Key Largo, Monroe
33County, Florida, as shown on the plat of Key
34Largo Trailer Village, Plat Book 5, Page 43 and
35the plat of Key Largo Trailer Village First
36Addition, Plat Book 5, Page 55 (File 2021-006).
37
38The Applicants own the parcels to the east
39(outlined in blue) and west (outlined in yellow)
40of the right-of-way requested for abandonment.
41
42As indicated in the Application, the Applicants
43security
44due to unauthorized use and frequent trespass by
45third parties dis
46
SR BOCC 03.16.2022 Page 1 of 11
File 2021-006
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1The area proposed for abandonment is a portion of the right-of-way of Kay Drive and is outlined in orange
2in the figure below .
3
4Previous BOCC Actions
5At the February 16, 2022 BOCC meeting, the BOCC set the public hearing for the proposed right-of-way
6abandonment.
7
8On September 18, 2019, the BOCC had a discussion and direction on developing County policy for
9addressing concerns raised by residents living in neighborhoods where live-aboard boaters access land
10through filled land that exist between the edge of the County's right of way and the shoreline. The BOCC
11did not give direction to staff to develop such a policy.
12
13On May 19, 2010, the BOCC adopted Resolution No. 146-2010 closing the entire extension of Kay Drive
14right-of-way extending north of the intersection of Kay Drive and Avenue D and ending at the open water
15from 11:00 PM to sunrise and to allow for appropriate signage.
16
17
18II.!REVIEW OF APPLICATION AND ANALYSIS
19
20The portions of the rights-of-way of Kay Drive are established within two separate plats: Key Largo
21Trailer Village and Key Largo Trailer Village First Addition. The plat of Key Largo Trailer Village (PB
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225, Page 43) was approved by resolution by the Monroe County BOCC on August 14, 1961 and filed for
23record. The plat of Key Largo Trailer Village (PB 5, Page 55) was approved by resolution by the Monroe
24County BOCC on April 24, 1962 and filed for record.
25
SR BOCC 03.16.2022 Page 2 of 11
File 2021-006
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1
2
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3
4
5
6
SR BOCC 03.16.2022 Page 3 of 11
File 2021-006
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1The portion -of-way proposed for abandonment is shown below, indicated as Parcel
2--further legally described in Exhibit 1 to the resolution.
3
4
5This petition has been reviewed by County staff and written comments were received from the following
6utilities and County departments:
7
8Florida Keys Electric Cooperative
9Grant of Easement, signed October 23, 2020 by Juan Vazquez of Largo 89, LLC
10
11Key Largo Wastewater Treatment District
12Letter of coordination dated October 15, 2021
13No utility easement or relocation required.
14
15AT&T, dated November 3, 2021
16An email from Jim Yeager, GEO Manag
17from AT&T. FKEC allows us to use their easement when supporting our facilities
18
19Comcast, dated September 21, 2021
20An email from Leonard Mawell-Newbold of Comcast that Comcast has no objection to this
21proposed abandonment as their utility pole is not affected by the proposed abandonment.
22
23
24Florida Keys Aqueduct Authority, dated September 21, 2021
25A copy of an agenda item from a meeting dated January 26, 2021 from the Board of Directors of
26FKAA was provided. This agenda item indicated there is no objection to the abandonment of a
27portion of Kay Drive.
28
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29Monroe County Fire Marshal, dated January 15, 2021
30
31
32Monroe County Code Compliance, dated September 9, 2021
33Code Compliance has no objection to the proposeed road abandonment at this time.
SR BOCC 03.16.2022 Page 4 of 11
File 2021-006
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1March 30, 2021
2Although it was
3noted that the abandonment would restrict water access to Tarpon Basin.
4
5ter:
6
7
8Monroe County Engineering Department, dated February 4, 2022
9The Engineering Department indicates that should the abandonment be approved, no T-turnaround
10is required. Additionally, Road Department Staff noted that residents in the area use the area
11proposed for abandonment to access the water and abandonment of it will eliminate the ability to
12do so.
13
14Excerpt from Engineering Department letter:
15
16
17Consistency with the Code of Ordinances and Monroe County Comprehensive Plan Key Largo Livable
18Communikeys Plan
19The proposed right-of-way abandonment has been reviewed utilizing the standards set forth in Chapter
2019, Article I, Section 19-1 Abandonment of rights-of-way.
21
22Monroe County Code Section 19-1 - Abandonment of rights-of-way states:
23(a) All applications for the abandonment of public rights-of-way shall demonstrate the right-of-
24way is no longer required for public use and convenience. Any proposed abandonment must
25demonstrate that such action will not adversely affect public safety or convenience or otherwise
26have a negative impact on the county system of streets or public or private utility facilities.
27
28The Application for the proposed abandonment has not demonstrated that the right-of-way is no longer
29required for public use and convenience. The submitted Application itself indicates that the area is used
30
31that the area is used regularly by the public to access the open water Tarpon Basin.
32
33Per Policy 101.19.2 of the Monroe County Comprehensive Plan:
34The Community Master Plans shall be incorporated into the 2030 Comprehensive Plan as
35a part of the plan and be implemented as part of the Comprehensive Plan. The following
36Community Master Plans have been completed in accordance with the principles outlined
37in this section and adopted by the Board of County Commissioners:
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38
39
405. The Key Largo Livable CommuniKeys Master Plan is incorporated by reference into the
412010 Comprehensive Plan. Only the Strategies denoted with a green checkmark in this
42Master Plan have been adopted and approved as equivalent to the term Objectives in the
SR BOCC 03.16.2022 Page 5 of 11
File 2021-006
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1Comprehensive Plan. Only the Action Items denoted with a green checkmark in this Master
2Plan have been adopted equivalent to the term Policy in the Comprehensive Plan.
3Strategies and Action Items without a green checkmark next to them are not considered to
4be consistent with the definitions of "Objective" and "Policy" and therefore do not serve as
5equivalents. Adopted by Ordinance 012-2007.
6
7
8(Key Largo LCP) that indicate the importance of preserving access to shorelines. The terms Strategy and
9Action Item serve as equivalents to the terms Objective and Policy as they are defined in Rule 9J-5.003,
10Florida Administrative Code (FAC). Strategies and Action Items with a checkmark in the LCP are
11considered to be consistent with the definitions set forth in Rule 9J-5.003 FAC.
12
13
14waterfront. Key Largo, while surrounded by water, has relatively few water access points for the
15
16
17Goal Nine of the Key Largo LCP expresses a desire to proivde additional recreational opportunites and
18
19County roadways terminate on the shoreline (Table 8) and provide limited public access to the ocean and
20
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21
22
SR BOCC 03.16.2022 Page 6 of 11
File 2021-006
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1Key Largo LCP Checkmark Strategies and Action Items equivalent to Objectives and Policies:
2
3Action Item 9.1.3: Water access shall be preserved and maintained in the public
4interest. Prohibit the abandonment of roads that end at the shoreline, including those
1
5listed in Table 6 \[Table 8\].
6
7
8
9Action Item 9.3.4: Prioritize the acquisition of public recreational lands to maximize
10the preservation of scenic vistas, undeveloped views, and access to water resources.
11
12Strategy 9.4. Protect and maintain all existing public shoreline access points within
13the planning area.
14
15Action Item 9.4.1: Identify potential shoreline access points and parcels within the
16planning area.
17
18Action Item 9.4.2: County-owned land with access to the shoreline shall not be
19abandoned by the county
20
21Action Item 9.4.3: Reclaim county-owned public shoreline access points.
22
23Action Item 9.4.4: Identify and post signage at all public access points whether
24active or passive sites to identify county ownership and applicable county
25regulations.
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26
27
1
-of
Ways Ending at the Shoreline.
SR BOCC 03.16.2022 Page 7 of 11
File 2021-006
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1(b) No dedicated and accepted right-of-way in the county shall be abandoned where:
2(1) The right-of-way terminates on a body of open water; or
3
4The platted right-of-way terminates in water in both of the affected plats and is identified in the Key Largo
5LCP as a right-of-way that ends at the shoreline. It should be noted that there is additional upland between
6the platted shoreline and the present day shoreline. This upland area is not reflected on the plats; however,
7itprovides direct access to a body of open water.
8
9Additionally, there are specific action items within the Key Largo Livable Communikeys Plan directly
10related to potential abandonments of rights-of-way that end at the shoreline. Action Item 9.1.3 states that
11water access shall be preserved and maintained and prohibits the abandonment of rights-of-way that end
12at the shoreline and references a Table \[8\] in the Key Largo LCP which lists Kay Drive.
13
14Therefore, an abandonment of this portion of Kay Drive would be inconsistent with the Key Largo
15Livable Communikeys Plan (and therefore inconsistent with the Comprehensive Plan). Specifically,
16the proposed abandonment is inconsistent with:
17
18Action Item 9.1.3: Water access shall be preserved and maintained in the public
19interest. Prohibit the abandonment of roads that end at the shoreline, including those
2
20listed in Table 6 \[Table 8\].
21
22
23Strategy 9.4. Protect and maintain all existing public shoreline access points within
24the planning area.
25
26Action Item 9.4.2: County-owned land with access to the shoreline shall not be
27abandoned by the county.
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28
29Action Item 9.4.3: Reclaim county-owned public shoreline access points.
30
2
able 8 indicates County Right-of
Ways Ending at the Shoreline.
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1The Key Largo LCP and the LCP and County
2the C-of-way
3that meets the criteria set forth in this subsection or identified in Action Item 9.1.3 of the LCP.
4
5
6(2) The right-of-way provides access to the public to land on open water; or
7
8The right-of-way proposed for abandonment provides clear and direct access for the public to land on
9open water. The Applicants petition to abandon this portion of the right-of-way to alleviate perceived
10unauthorized use of land on open water, and use of said open water. The right-of-way provides lawful
11access by the public to the land, and subsequently, the open water.
12
13On May 19, 2010, the BOCC held a public hearing to consider a resolution to close the extension of Kay
14Drive, leading to the water (the area of the subject abandonment request) from sunset to sunrise. At said
15hearing, commissioners discussed the fact that liveaboard residents use this location to access their vessels,
16and it would be reasonable to provide hours of access past sunset to allow them to return home to their
17vessels following dinner, grocery shopping, a movie, etc. Therefore, the hours of closure were approved
18per Monroe County BOCC Resolution No. 146-2010 from 11:00 P.M. to sunrise. The area has been signed
19as such. It is important to note that the BOCC did not close this area during the daytime use by the public
20during the day and early evening is authorized.
21
22
23
24The proposed right-of-way abandonment is inconsistent with Section 19-1(b)(2), and with Action
25Item 9.1.3 and Strategy 9.4 of the Key Largo LCP (and therefore inconsistent with the
26Comprehensive Plan).
27
28
29(3) The abandonment would preclude a way for the public to maintain access to the water.
30
31The abandonment would preclude a way for the public to maintain access to the water. If the right-of-way
32is abandoned, the underlying land is divided amongst adjacent landowners and, in this case, would become
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33private property. As such and based on the Applicants reasons to request the proposed right-of-way
34abandonment, it is highly unlikely that the Applicants would maintain access to the water for the public.
35
36The proposed right-of-way abandonment inconsistent with Section 19-1(b)(3).
37
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2Photo: February 1, 2022
3(c) In all other cases of abandonment, no right-of-way shall be abandoned unless there is an
4agreement to do so by all affected property owners. For purposes of this subsection, an affected
5property owner is the owner of property which directly adjoins the area subject to abandonment
6or, if the right-of-way is abandoned, will:
7(1) Have access that is currently used by that property owner eliminated or diminished;
8(2) Have the only platted access eliminated;
9(3) Have the paved area adjacent to that property increased for turn-around purposes; or
10(4) Be increased in size.
11Although LDC Section 19-1(c) is not applicable to the subject application as the proposed abandonment
12is not allowed, per the criteria set forth in Section 19-1(b) and analyzed above, staff has nonetheless
13reviewed the application for compliance with 19-1(c)(1)-(4) and found that all affected property owenrs
14have effectively agreed to the abandonment.
15(d) All right of way abandonments shall comply with the County Code and Standard Engineering
16requirements for road, turn-around and fire-rescue access. If required for safety purposes, as
17determined by either Fire Marshal or County Engineer, a dedicated turn-around area shall be
18shown on the submitted survey and shall be agreed to in writing and constructed with payment by
19the property owner(s) requesting abandonment.
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20
21The Fire Marshal did not require a turn-around area.
22
23The Monroe County Engineering Department did not require a turn-around area.
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1(e) A right of way may be abandoned only at the terminal portion of the road and in its full width
2unless one of the following applies;
31.!An adjacent lot owner has on the platted right-of-way or within a setback a substantial
4structure which predates the Special Session Law 59-1578 pertaining to maps, plats, and
5right-of-way. The term "substantial structure" specifically does not include wood or metal
6fences, sheds or tiki huts or other items not listed which are accessory structures; or
72.!The abandonment is requested by a County department or governmental agency for a public
8use; for purposes of this subsection public use is a public facility and/or public/private utility;
9or
103. The right of way area is unusual in size or shape and after abandonment the remaining right
11of way width will be the same on both sides of the abandonment as shown in Example 1.
12
13Code Section 19-1(e) does not apply to the subjection application.
14
15In conclusion, the requested abandonment of a portion of the right-of-way of Kay Drive does not
16meet the criteria cited above, is inconsistent with the Key Largo LCP (and therefore inconsistent
17with the Monroe Comprehensive Plan) and is therefore not recommended for abandonment. In
18order to legally abandon the requested portion of right-of-way of Kay Drive, amendments to the
19Key Largo LCP and the Code of Ordinances, Section 19-1, are required.
20
21III. STAFF RECOMMENDATION
22
23Staff recommends denial of the requested right-of-way abandonment as it does not meet the criteria set
24forth in Code Section 19-1 and is inconsistent with the Key Largo Livable
25Communikeys Master Plan.
26
27Amendments to the Key Largo LCP and the Code of Ordinances, Section 19-1, are required in order
28to legally abandon the right-of-way of Kay Drive.
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1
2
3
4
5
6
7
8
9
10
11
12
13 RESOLUTION NO. -2022
14
15 A RESOLUTION OF THE MONROE COUNTY BOARD OF
16 COUNTY COMMISSIONERS RENOUNCING,
17 DISCLAIMING, AND VACATING ANY RIGHT OF THE
18 COUNTY AND PUBLIC IN AND TO THE PORTION OF
19 PUBLIC RIGHT-OF-WAY OF KAY DRIVE, KEY LARGO,
20 MONROE COUNTY, FLORIDA, AS SHOWN ON THE
21 PLAT OF KEY LARGO TRAILER VILLAGE, PLAT BOOK
22 5, PAGE 43, AND THE PLAT OF KEY LARGO TRAILER
23 VILLAGE FIRST ADDITION, PLAT BOOK 5, PAGE 55.
24
25 WHEREAS, an application was filed by James Lupino, Esq. of Hershoff, Lupino &
26 Yage
27
28 Board, renounce, disclaim, vacate and abandon in their
29 favor blic right-of-way situated as more particularly described
30 below; and
31
32 WHEREAS, under the Monroe County Code of Ordinances and Florida Statutes Chapter
33 336, it is necessary to hold a public hearing for Monroe County Board of County Commissioners
34 to publicly consider renouncing its rights to the instant Monroe County public right-of-way after
35 publishing due notice of such hearing in accordance with said Chapter; and
36
37 WHEREAS, due notice has been published and a public hearing has been held in
38 accordance with Chapter 336, Florida Statutes; and
39
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40 WHEREAS, at said public hearing, the Board has considered the Applicants application
41 requesting for it to renounce, disclaim, vacate and abandon any right of Monroe County and/or
42 the public in and to the hereinafter described Monroe County public right-of-way as delineated
43 on the hereafter described legal description, plan, or map;
44
45 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
46 COMMISSIONERS OF MONROE COUNTY, FLORIDA:
47
48 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and
49 correct, and are hereby incorporated as if fully set forth herein.
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2 Section 2. Monroe County hereby renounces, disclaims, vacates and abandons any
3 right of the County and/or the public in and to the hereinafter described public right-of-way as
4 delineated on the hereafter described legal description, plan, or map, to-wit:
5
6 1. THE PUBLIC RIGHT OF WAY DESCRIBED AS:
7
8 LEGAL DESCRIPTION OF THE TOTAL RIGHT-OF-WAY FOR ABANDONMENT:
9
10 -
11 A portion of Kay Drive, West of Lot 16, Block 10, KEY LARGO TRAILER
12 VILLAGE, recorded in Plat Book 5 at Page 43 and East of Lot 1, Block 19, KEY
13 LARGO TRAILER VILLAGE FIRST ADDITION, recorded in Plat Book 5 at
14 Page 55 of the Public Records of Monroe County, Florida and being more
15 particularly described as follows:
16
17 COMMENCING at the Southwesterly corner of said Lot 16, Block 10, run West
18 along the West projection of the North line of Avenue 'D' for a distance of 20.00
19 feet to the POINT OF BEGINNING of the Portion of Kay Drive hereinafter
20 described; thence continue West for 20.00 feet to a point on the East line of Lot 1,
21 Block 19, KEY LARGO TRAILER VILLAGE FIRST ADDITION; thence run
22 North along the said East line for 15.53 feet to a point on the Platted shoreline of
23
24 feet; thence run South for 22.76 feet back to the POINT OF BEGINNING.
25 Containing 382.9 square feet.
26
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27
28
29 -2":
30 A portion of Kay Drive, West of Lot 16, Block 10, KEY LARGO TRAILER
31 VILLAGE, recorded in Plat Book 5 at Page 43 and East of Lot 1, Block 19, KEY
32 LARGO TRAILER VILLAGE
33 FIRST ADDITION, recorded in Plat Book 5 at Page 55 of the Public Records of
34 Monroe County, Florida and being more particularly described as follows:
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2 BEGINNING at the Southwesterly corner of said Lot 16, Block 10, run West
3 along the Wes
4 feet; thence run North for 22.76 feet to a point on the Platted shoreline of Tarpon
5
6 point on the West line of Lot 16, Block 10; thence run South along said West line
7 for 30.00 feet back to the POINT OF BEGINNING. Containing 527.7 square
8 feet.
9
10
11
12
13 2. Monroe County conveys said right-of-way as described above with the following
14 conditions:
15
16 1)!All required easements shall be fully executed and submitted to the
17 County to be recorded as part of the abandonment resolution within
18 ten (10) days of this approval. If the Applicant(s) fail(s) to provide the
19 required executed easements within the stated time-frame, the
20 abandoned public right-of-way will revert back to Monroe County by
21 operation of law.
22
23 Section 3. Construction and Interpretation. This Resolution and its interpretation
24 shall be liberally construed and enforced in favor of Monroe County to effectuate its
25 purpose(s) and policy(ies) of the County. The construction and interpretation of this
26 resolution and all Monroe County Comprehensive Plan provision(s), Monroe County
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27
28 lding Code, Florida Statute(s), and Monroe
29 County resolution provision(s) whose interpretation arises out of, relates, or is interpreted
30 in connection with this resolution shall be liberally construed and enforced in favor of
31 Monroe County to effectuate its public purpose(s) and policy(ies) of the County, and
32 shall be construed in favor of the BOCC and such construction and interpretation shall be
33 entitled to great weight in adversarial administrative proceedings, at trial, in bankruptcy,
34 and on appeal.
35
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1 Section 4.No Liability.Monroe County expressly reserves and in no way shall be
2 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any
3 sovereign, governmental, and other similar defense, immunity, exemption, or protection
4 against any suit, cause-of-action, demand, or liability.
5
6 Section 5.Severability.If any portion of this Resolution,or any part or portion
7 thereof, is held to be invalid or unenforceable by any administrative hearing officer or
8 court of competent jurisdiction, the invalidity or unenforceability of such provision, or
9 any part or portion thereof, shall neither limit nor impair the operation, enforceability, or
10 validity of any other provision of this Resolution, or any remaining pert(s) or portion(s)
11 thereof. All other provisions of this Resolution, and remaining part(s) or portion(s)
12 thereof, shall continue unimpaired in full force and effect.
13
14 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
th
15 at a regular meeting of the Board held on the 16day of March, 2022.
16
17
18 Mayor David Rice_______
19 Mayor Pro Tem Craig Cates_______
20 CommissionerMichelle Coldiron_______
21 Commissioner District ThreeVACANT
22 Commissioner Holly Merrill Raschein_______
23
24 BOARD OF COUNTY COMMISSIONERS
25 OF MONROE COUNTY, FLORIDA
26
27 BY:______________________________
28 Mayor David Rice
29
30
31
32(SEAL)
33 ATTEST: KEVIN MADOK, CLERK
34
35
36 By:___________________________
37 AS DEPUTY CLERK
38
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BOARD OF COUNTY COMMISSIONERS
County of Monroe
Mayor Sylvia J. Murphy, District 5
Mayor Pro Tem Danny L. Kolhage, District 1
The Florida Keys
Michelle Coldiron, District 2
Heather Carruthers, District 3
David Rice, District 4
Division of Emergency Services
Fire Rescue Department
rd
490 63 Street, Ocean
Marathon, FL 33050
Phone: 305-289-6004
Fax: 305-289-6336
January 15,2021
Monroe County Planning Department
Attn: Ilze Aguila
Re: 2021-006 Kay Rd, Key Largo, Florida Road Abandonment
After review of the application for the above mentioned road abandonment, the Monroe County Fire
The area in question does not inhibit the access of emergency vehicles in the area.
If you are in need of further information, please do not hesitate to contact me.
Sincerely,
Cassaundra Cane
Deputy Fire Marshal
Monroe County Fire Rescue
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