Item J5BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2012 Division: Growth Management
Bulk Item: Yes X No _ Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Stev-en Biel
Senior Planner, Ext. 8732
AGENDA ITEM WORDING: Request for the BOCC to authorize the County- Administrator or his designee to
provide a letter of no objection, as an affected property- ovvner of RE No.00084140.000000, in order to complete a
road abandonment petition filed by Keys Lake Villas, LLC for the abandonment of a platted, undev-eloped right-of-
way that is located in Section 1, Township 61 South, Range 39 East and Section 6, Township 61 South, Range 40
East, Key Largo, Monroe County, Florida according to P.F. Jenkins Model Land Company plat (PB1-68).
ITEM BACKGROUND: The KeS-s Lake Villas site (RE No. 00083970.000000) was previously kno-,Nrn as Lake-,iew
Gardens. Prior to Lake-ievv Gardens, the site was known interchangeably- as the Florida KeS-s RV Park and the
Happy- Vagabond, which was dev-eloped and utilized as a 126-unit RV park with 13 permanent residential units in the
form of mobile homes. The petitioner has submitted a road abandonment petition in order to establish the property-
line that will insulate the I I0-unit affordable housing project approv-ed by Planning Commission Resolution No. P27-
08 from potential traffic and create a N-egetati'-e buffer as required by HUD. More specifically-, the road abandonment
petition is for a 30 foot wide, unnamed, unbuilt and not used, platted road with a length of 1,275.13 feet for a total of
approximately 37,932 SF.
As part of a complete petition, the petitioner must submit letters of no objection from all affected property- ovvners.
MCC §19.1(b) states that no right -of -was- shall be abandoned unless there is an agreement to do so by all affected
property- owners. For purposes of this subsection, an affected property- ovvner is the owner of the property- which, if
the right-of-vvm- is abandoned , will: 1) hav-e access that is currently- used by that property owner eliminated, 2) hav-e
the only platted access eliminated, 3) hav-e the pared area adjacent to that property- increased for turn -around
purposes, or 4) be increased in size. Monroe County- o-,N-ns property- (Re No. 00084140.000000) that is currently
being leased by Humane Animal Care Coalition and is located adjacent to the west of the Keys Lake Villas, LLC
property. If the road abandonment request is granted, the property owned by Monroe County- would be increased in
size and would gain 15 feet along the approximate 455-foot length of the eastern property- boundary- for a total of
approximately 6,825 SF. The tenant has no objection.
PREVIOUS RELEVANT BOCC ACTION: On March 19, 2008, the BOCC entered into a development agreement
with Northstar Resort Enterprises Corp., requiring the applicant to construct 110 affordable housing units.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Staff recommends the BOCC authorize the county administrator to submit a
letter of no objection so the petitioner can file a complete application in order for the request to proceed with setting a
public hearing date. This does not constitute any approval by the BOCC for the actual road abandonment.
TOTAL COST: N/A INDIRECT COST: N/ABUDGETED: Yes No N/A
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes No N/A AMOUNT PER MONTH N/A Year
APPROVED BY: County- Atty- OMB/Purchasing Risk Management
DOCUMENTATION: Included X
DISPOSITION:
Not Required
AGENDA ITEM #
Revised 7/09
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Biel -Steven
From: RC3WORLD <JoeI@rc3wodd.com>
Scut: Monday, January 30, 2012 8:02 AM
To: Grimsley-Susan; Biel -Steven; Creech -Gall
Subject: [BULKI Fwd: Road Abandonment No Objection Letter
Importance: Low
For the file. Thanks
Sincerely,
Joe] Reed
Begin forwarded message:
From: Tfgarvaol,eore
Date: January 30, 2012 7:58:17 AM EST
To: l.-k&c3worid.c
Sabjeet: Re: Road Abandonment No Objection Letter
Dear Joel,
Thank you for the information, I now understand where the road abandonment Is located and have no objection to the request for abandonment
Beat regard,
Thomas F. Ganettson, President Humane Animal Care Coalition, Inc.
In a message dated 1/30/2012 722:48 AM. Eastern Standard Time, #g1gJrc:iworr cpm writes:
Tom,
I'm attaching some more PDFs of the area to be abandoned They are pdf's so you should be able to open Also I'm attaching an image
of the area to be abandoned as well. Let me know if you need anything else.
...11W steam+ems
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APT QT
sinowely,
, -
kd C. Red, ,6M
8 t anpery
tans the Pammwarg A Co nultlng
Phone:673.7059241
tma0:
human
Fbtulsal9Adont
4UWftVAVadadNt IMMGMMUNary
Adantq,GA3WW KeytarmFL33037
From: Tfnarr aed,rmm
Sent: Friday, January 27, 2022 10:01 AM
To:
Subject: Re: Road Abandonment No Objection Letter
HI Joel,
My computer could not open the file, and I did not want to Ask the date on my computer to download additional software. I Just need to
see exactly where the abandonment mad Is that Is being discussed.
Tom
In a message dated 1/272012 9:34.11 A.M. Eastern Standard Time, }set cnd cRMwrtles:
Thank you for taking the time the other day to speak with me about the
project I discussed with the developer your concerns and they am willing
to install an opaque fence. rm attaching a template, basically staling you
do not object to the abandonment. If you could please sign and emall back
to me ASAP it would be most he4ft. The County would like to have the file
complete by Monday. Please send the orIglnal hard copy We US mail to:
Main Phone: 305-209-2500
OfRce: 305-288-2522
Fsrc 305-289-2530
Pm also attaching a copy of the survey showing the area to be abandoned for
your reference.
APPLICATION
MONROE COUNTY
PLANNING & ENVIRONMENTAL RESOURCES
Road Abandonment Petition
'd16V'
AUG 1 6 2011
An application must be deemed complete and in compliance with the Monroe County Code by the Stab
prior to the item being scheduled for review
Road Abandonment Application Fee: $1,533.00
In addition to the application fee, the followingfees also apply:
Advertising Costs: $245.00
Date of Submittal: 8 / 10 / 2011
Month Day Year
Property Owner / Petitioner:
Keys Lake Villas, L LC (Frank Grosch, Managing Member)
Name
650 S. North Lake Blvd., Ste 450, Altamonte Springs FL 32701
Mailing Address (Street, City, State, Zip Code)
305-891-3159
Daytime Phone
donk@delamerican.com
Email Address
Description of roadway to be abandoned:
SEE ATTACHED LEGAL DESCRIPTION
Agent Cif applicable):
ROWORLD INC (Joel C. Reed)
Name
411 Ridgewood Road NE, Atlanta, GA 30307
Mailing Address (Street, City, State, Zip Code)
678-708-9247
Daytime Phone
joel @rc3worid.com
Email Address
Petitioners seek the abandonment for the following reasons:
Petitioners seek abandonment in order to proceed with development of Keys Lake Villas a 110 unit affordable housing project at
was approved by Resolution P02-07 and a Development Agreement between Monroe County Florida and Northstar Resort
Entern 'sea Inc Book 2352 Paee 2310 of the Public Records.
Page 1 of 4
Last Revised 07/2010
APPLICATION
Legal description of contiguous property in which the abandoned roadway would become part:
(If in metes and bounds, attach legal description on separate sheet)
6-61-401SLAND OF KEY LARGO PT LOTS 5,12 AND 13 NSA Largo
Block Lot Subdivision Key (Island) -
00083970.000000 and 0009397 1 -000000 1092631and 9091107
Real Estate (RE) Number Alternate Key Number
106003 Overseas Highway, Key Largo, FL 33037 106
btreet autdress (Street, City, State, Zip Code) Approximate Mile Marker
Present use of the roadway to be abandoned: Vacant undeveloped
Proposed use of the roadway to be abandoned: Undeveloped, current natural state
Total land area of the roadway to be abandoned:-37,932
Please provide all reasons for why the county should grant the road abandonment (if necessary, attach
additional sheets):
Right-of-way is undeveloped and never been in use since it was platted By granting the abandonment, the County would be
relieved of any liability for maintenance or any unauthorized use of the right-of-way. Property appraisers records and parcel maps
which have always shown that road has been abandoned and petitioner has been taxed on this land (see attached property appraisers
mei map)
Monroe County Code Section 19-1 - Abandonment of rights -of --way states:
(a) 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.
(b) 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, if the right-of-way is abandoned, will:
(1) Have access that is currently used by that property owner eliminated;
(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.
(c ) A road may be abandoned only at the terminal portion of the road and in its full width unless the
abandonment will comply with the County Code requirements for road, turn -around, and fire -rescue
access and one of the following circumstances exists:
(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.
(2) The abandonment is requested by a County department or governmental agency for a public
purpose,
Page 2 of 4
Last Revised 07/2010
TAB 1
TAB 2
TAB 3
TAB 4
TAB 5
TAB 6
TAB 7
TAB 8
APPLICATION
(d) The board of county commissioners considers these a restriction on the rights of individuals who
desire to abandon properties in accordance with F.S. § 336.09.
All of the following must be submitted in order to have a complete application submittal:
(Please check as you attach each required item to the application)
0 Complete road abandonment application (unaltered and unbound);
® Correct fee (check or money order to Monroe County Planning & Environmental Resources);
® Legal description of the portion of the roadway to be abandoned in metes and bounds;
0 Proof of ownership of the petitioner's property(s) (i.e. Warranty Deed);
El Current Property Record Card(s) from the Monroe County Property Appraiser for the petitioner's
property,
a
19
TAB 9
requested
TAB 10 0
requested
0
Location map (i.e. copy of strip map, aerial photograph);
Photograph(s) of the roadway to be abandoned;
Signed and Sealed Survey of roadway to be abandoned and all adjoining properties, prepared by a
Florida registered surveyor — 12 sets (At a minimum, survey should include a legal description of the
roadway; elevations; location and dimensions of all existing structures, paved areas and utility structures;
roadways and easements; and all bodies of water on the site and adjacent to the site. The portion of the
roadway to be abandoned should be marked with diagonal lines and the petitioner's property should be
clearly delineated);
Letters of "No Objection" from all utility companies (Florida Keys Aqueduct Authority (FKAA);
Florida Keys Electric Cooperative (FKEC) or Keys Energy Services; telephone utility, gas utility, cable
utility, wastewater treatment authority, etc.);
Letters of "No Objection" from all affected property owners (an affected property owner is a) one who
would have a means of access to his or her property closed off as a result of the abandonment even though
he or she may not actually use the right-of-way prior to abandonment or b) one whose property abuts the
portion of the roadway to be abandoned);
IF A CUL-DE-SAC OR 'IT -TYPE" TURNAROUND IS REQUIRED to be constructed, it will be the
responsibility of the Petitioner, if the road to be abandoned will result in an existing rock or paved road
being shortened. See Monroe County Code §9.5-296(p). Your petition should specifically state your
agreement to construct either the cul-de-sac or "T-type" turnaround per County Standard Specifications and
Details. (Should you need additional information regarding this matter, please contact the Monroe County
Engineering Department directly by phoning (305) 2924427).
If applicable, the following must be submitted in order to have a complete application submittal:
TAB 11 0 Notarized Agent Authorization Letter (note: authorization is needed from all owner(s) of the subject
property)
If deemed necessary to complete a full review of the application, the Planning & Environmental Resources
Department reserves the right to request additional information.
Petitioners agree to be responsible for and pay for all costs of advertising and recording fees incurred relative to
this request for the abandonment. The filing of a petition does not entitle one to abandonment.
Petitioners further agree to grant any easement necessary for the furnishing of utilities, including without
limitation, electric power, water, sewer, telephone, gas, cable and other electric communication services to the
Page 3 of 4
Last Revised) 07/2010
APPLICATION
same extent as is common within this area as to height, width and degree, upon request for such service or by the
BOCC through its authorized agents. If easements are so required, copies of the executed documents will be
provided to the County before the petition is presented to the BOCC.
Petitioners certify that the road to be abandoned does not end at open water or that, if it does, the road is not a
dedicated and accepted right-of-way (including by operation of law due to construction or maintenance by the
County).
We hereby petition the Honorable Board of County Commissioners to renounce and disclaim any right of
the County and the public in and to the above -referenced street, alleyway, road or right-of-way as further
depicted and described in the attachments.
By signing below, I certify that I am familiar with the information contained in this application, and that to the
best of my knowledge such information is true, complete and accurate.
�y
Signature of Applicant: Date:
Sworn before me this day of
Nµ— P 7RICIA6 DES
Ndary Public .state of Florida
C it Oc8, 2
018
C pion * DO 931097 Notary Public
My Commission Expires
Please send the complete application package to the Monroe County Planning & Environmental Resources
Department, Marathon Government Center, 2798 Overseas Highway, Suite 400, Marathon, FL 33050.
Page 4 of 4
Last Revised 07/2010