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Item J4 J4 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5 The Florida Keys Mayor Pro Tern James K.Scholl,District 3 Craig Cates,District 1 Michelle Lincoln,District 2 ' David Rice,District 4 Board of County Commissioners Meeting December 13, 2023 Agenda Item Number: J4 2023-1472 BULK ITEM: Yes DEPARTMENT: Planning & Environmental Resources TIME APPROXIMATE: STAFF CONTACT: Emily Schemper AGENDA ITEM WORDING: A Resolution setting the date, time, and place for a public hearing to consider a request by Smith Hawks on behalf of My Family Trust and Key Marina Development concerning the proposed abandonment of a portion of the Monroe County right-of-way of East First Street as shown on the Plat of Mandalay Subdivision, Plat Book 1, Page 194,bounded on the northwest by Block 2, bounded on the northeast by East First Street, bounded on the southeast by Block 3, and bounded on the Southwest by Second Avenue; AND a portion of the Monroe County right-of-way of East Second Street, as shown on the Plat of Mandalay Subdivision, Plat Book 1, Page 194, bounded on the northwest by Block 3, bounded on the northeast by east Second Street, bounded on the southeast by Lots 1-8, Block 4, and bounded on the southwest by East Second Avenue, Section 06, Township 62 south, Range 39 east, Key Largo, Monroe County, Florida. ITEM BACKGROUND: ITEM BACKGROUND: The applicant, Smith Hawks, on behalf of My Family Trust 12/04/2012 C/O Sam Stoia and Key Marina Development, LLC, has submitted an application requesting the Monroe County Board of County Commissioners to voluntarily renounce, vacate, and abandon a portion of the East First Street and East Second Street Public Right-of-Way, in the Mandalay subdivision in Key Largo (approximate mile marker 97.6). The portions of the public right-of-way that are being requested for abandonment in this application are a portion of East First Street, adjacent to Lots 30-33 of Block 2 and Block 3; and a portion of East Second Street, adjacent to Lots 1 and 2 of Block 4 and Block 3. These portions requested were previously abandoned but reverted to the County. Also requested is an additional portion of East Second Street, adjacent to Lots 3-8 of Block 4 and Block 3; this portion of right-of-way was previously requested for abandonment, however, the application was withdrawn. 2596 Per the Applicant, the reason for the request is: ... seeks the abandonment of Area No. 1 to join portions of his property for development purposes and for the safety and wellbeing of the neighborhood. The applicant is seeking to re-abandon Areas No. 2 and 3 to re-establish the previous abandonments and maintain the current configuration of the properties for future development. This public right-of-way abandonment petition is under review by Monroe County professional staff pursuant to Code of Ordinances Section 19-1. All utilities and relevant parties have reviewed the proposed abandonment including the Florida Keys Aqueduct Authority ("FKAA"), the Florida Keys Electric Cooperative ("FKEC"), AT&T, and Key Largo Wastewater Treatment District ("KLWTD"). Pursuant to Monroe County Code of Ordinances 19-1(d), all right-of-way abandonments shall comply with Monroe County Code(s) and standard engineering requirements for road, turn-around, and fire- rescue access. If required for safety purposes, as determined by either Monroe County Fire Marshal or the Monroe 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. Monroe County Fire Marshal • Letter of Coordination dated November 13, 2023. • The Monroe County Fire Marshal's Office states, "The Fire Marshal's Office does not object to the right-of-way abandonment for the subject application with the following conditions: 1) Fire and Emergency Access shall be provided through the easement agreement acceptable to the Fire Marshal's Office. 2) The applicant shall test the existing fire well for functionality if the fire well will remain in place for over a 6-month time period. 3) Execute the standard T-turn around agreement with the County's Planning Department. Please note that any plans submitted after December 31, 2023, will be required to comply with the Building and Fire Prevention Code updates and plans shall provide the appropriate code references. Plans shall identify all applicable Fire and Life Safety Codes, and Standards used for design. As a minimum, the Design criteria shall comply with the Florida Fire Prevention Code (FFPC) 7th edition effective December 31, 2020, consisting of NFPA 1, NFPA 101, F.S. 633, & F.A.C. Chapter 69A." Monroe County Code Compliance Department • Letter of Coordination dated August 18, 2023. • The Monroe County Code Compliance Department has no objection at this time. Monroe County Sheriff's Office • Letter of Coordination dated August 17, 2023. • The Monroe County Sheriff's Office has no objection at this time. 2597 Monroe County Engineering Department • Letter of Coordination dated August 15, 2023. • Engineering comments no objection to the abandonment of Area No. 1 and re-abandonment of Areas No. 2 and 3 provided that a T turnaround is constructed at the end of the paved portion of Second Avenue, which is adjacent to and west of the area proposed to be abandoned. [Note: The Applicant has agreed to construct an acceptable alternative turnaround configured to accommodate the dimensional needs indicated by the Fire Marshal.] • The applicant will be required to submit an executed Right-of-Way Abandonment Agreement for Turnaround Construction to the County prior to approval (if approved) to be recorded with the approval or the right-of-way reverts back to the County. Based upon this information regarding eligibility for consideration of this application under MCC Section 19-1(d)(1), the professional staff have no objection to Board approving a resolution to set a public hearing for January 31, 2024, at the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida. PREVIOUS RELEVANT BOCC ACTION: November 15, 2006 - BOCC approval of Resolution 603-2006 which vacated the southern terminal portion of East First Street; and Resolution No. 604-2006 which vacated the southern terminal portion of East Second Street. Both resolutions included a reverter agreement associated with the Development Agreement approved on November 14, 2007. The clause stated that the abandoned right-of-way would revert back to the Monroe County BOCC if the owner had not substantially moved forward with the "Mandalay Project"within two (2)years of the approval of the abandonment. That portion of the right-of-way has reverted back to the Monroe County BOCC. November 14, 2007 —BOCC approval of Resolution No. 493-2007. Approval of Mandalay Bay Development (aka Ocean Sunrise Associates, LLC) Development Agreement to redevelop Mandalay Resort with 22 permanent residential units, three transient hotel rooms, and a restaurant. This Development Agreement specifically extended the reverter agreement for Resolution No. 604-2006 to the period required for obtaining Certificate(s) of Occupancy for the development or ten(10)years from the effective date of the Development Agreement. The Development Agreement expired and the right-of-way has reverted back to the Monroe County BOCC. February 15, 2023 - BOCC approval to set the public hearing for the proposed right-of-way abandonment of East Second Street, Lots 3-8, Block 4; this application was withdrawn by the applicant. INSURANCE REQUIRED: No CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval 2598 DOCUMENTATION: Requested ROW Abandonment.pdf Approved T-Turn 10-20-23.pdf 4.2-Reso—Set—Hearing.pdf FINANCIAL IMPACT: NA 2599 0 313tl5N0'J 0 — L ®L Lu x $ l a � (� ❑UM it ONOO W W <r o .119 I :2 ern itlo v N; o�r LL 313tl3NOJ U)NOOK Pay "' O a /U n o h c T 4.4 i ........... .« ... .__ .- _Y $MIS Q g.9hfFiQL'",571 z I Z w AHol.s 0MLL K i3AVWJ .. ..,...,.e w.° .. ... — `4 Of � J grd+1 . 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L.....' ....�) L.....0 a Ip....,,, II II .. x IL..II a N wm x a Ln /8 J M x V N 1` N T x \ X x F 11 1 rw w„yd ri 2 3 RESOLUTION NO. -2023 4 5 A RESOLUTION SETTING THE DATE, TIME, AND PLACE FOR A 6 PUBLIC HEARING CONCERNING THE PROPOSED ABANDONMENT 7 OF A PORTION OF THE MONROE COUNTY RIGHT-OF-WAY 8 SITUATED AT, ABOUT, OR ON EAST FIRST STREET, AS SHOWN ON 9 THE PLAT OF MANDALAY SUBDIVISION, PLAT BOOK 1, PAGE 194, 10 BOUNDED ON THE NORTHWEST BY BLOCK 2, BOUNDED ON THE 11 NORTHEAST BY EAST FIRST STREET, BOUNDED ON THE 12 SOUTHEAST BY BLOCK 3, AND BOUNDED ON THE SOUTHWEST BY 13 SECOND AVENUE; AND A PORTION OF THE MONROE COUNTY 14 RIGHT-OF-WAY SITUATED AT, ABOUT, OR ON EAST SECOND 15 STREET, AS SHOWN ON THE PLAT OF MANDALAY SUBDIVISION, 16 PLAT BOOK 1,PAGE 194,BOUNDED ON THE NORTHWEST BY BLOCK 17 3, BOUNDED ON THE NORTHEAST BY EAST SECOND STREET, 18 BOUNDED ON THE SOUTHEAST BY LOTS 1-8, BLOCK 4, AND 19 BOUNDED ON THE SOUTHWEST BY EAST SECOND AVENUE, 20 SECTION 06, TOWNSHIP 62 SOUTH, RANGE 39 EAST, KEY LARGO, 21 MONROE COUNTY, FLORIDA. 22 23 WHEREAS, an application was filed by Smith Hawks, on behalf of My Family Trust and 24 Key Marina Development, LLC, requesting for the Monroe County Board of County 25 Commissioners ("Monroe County" or the "County") to vacate and abandons portions of Monroe 26 County's right-of-way situated as more particularly described below; and 27 28 WHEREAS, under the Monroe County Code and Florida Statutes Chapter 336, it is 29 necessary to hold a public hearing for Monroe County Board of County Commissioners to publicly 30 consider renouncing its rights to the instant Monroe County right-of-way after publishing due 31 notice of said hearing in accordance with said Chapter; and 32 33 WHEREAS,the Monroe County Board of County Commissioners desires to hold a public 34 hearing to decide whether to vacate said portion of Monroe County's public right-of-way; 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 40 if fully set forth herein. 41 42 Section 2. The Board of County Commissioners of Monroe County,Florida, will hold 43 a public hearing on January 31, 2024, at the Marathon Government Center, 2798 Overseas File 2021-114 Page 1 of 3 2602 I Highway,Marathon,Monroe County,Florida,to determine whether or not to vacate the above- 2 referenced and more particularly described below right-of-way held by Monroe County, more 3 particularly described as follows, to wit: 4 5 THE PUBLIC RIGHT OF WAY DESCRIBED AS: 6 7 Legal description of each rigt-of-way area: AREA NO, I That portion of Last 2nd Street extending over and accross the North 50 feet of Lots 3, 21,fin,13, 7and'8, Block 4, of� "MANDALAY", according to the 1plat thereof, as recorded iin Pliat Book 1, Page 184, of the Public Records of Mori,ce Courity, Florida Said portion of East 2nd Street belng bounded on (fie North by the Southerly boundary line of Block 3,of MANDALAY, armarding to the plat thereot,as recorded in Plat Book 'l, Page 194, of the Public Records of Monran COUnly, Florida,hounded onflie SOLIth loyffie Northerly boundary fine of said Block 4, bw.mded on V,ie West by the extension of the Southwesterly fine of said 1,ot 3,,1,KRinded on 8 the East by the exterisron of ffie Northeasterly line of said Lot 8 Contafningi approximately 15,(X'ID sq ff. Mates and Bounds, Legal� Descriptiori: Begin at the Southwesterly coiner ckf 8 of id, Brack 4, of "MANDALAY", acco(ding to the plat thweaf, as recorded iru f°:lilat Book 1, Page 194, of the Pub4c,Records of Morvoe Courvily, Florida thence run N144'22"00"'E arnng the Norther y Right of Way oaten of said Block ag,flat a drMancka of 'W0 00'lo a point,said pohit also being the Nafthwasirefly cornea of 1,of 8, Wocl(4,of:"MANDM,AY'",acczrdlng to the pillat lfiereof, as recorded Or Plat Book 1, Page, 194,of the Puil,�fic Records of Monroe Counly,rroriida� thence run N45*4 I'll 5 for r a dr5llarliCe of 50.(10'10 a[)0jrjj on tjo(j SoutherVy Riglht-of-Way Ilarue of Black 3,of: VANDALAY",accordirly to tine, piat thereof, as recorded w Plat Book 1, Page 194,of the Vlubiic Records of"Monroe County, 1-110rklii trOnCe Nn S44"2700VIV for a distance of 300 010'along Pre Southerly R ght-of'-Way lirre of sand No4 3 to a point, 9 P-rerce run S45'41"I VIE for a 6staince of 50 010'to the Burnt of Beg linning 10 AREA NO. 2 That portion of East 2nd Street extending over and accioss,the North 50 feet of LAots I and 2,Muck 4, of "MANDALAY",accoiding to the plat thereof, as recorded in Plat Book, 1,Page 194, of the Public Records of Monroe County,Florida. Said porlion of F,ast 2nd Street belng bounded on the North Iby the Southerry borindary,ifrip,of Block 3,of MANDALAY,arcor'ding to the,platthereal', as recorded in Plat Book, 1, l'-Iage '194,of the Public 1,decords of Monroe County, Florida, bounded on the South by the Northerly boundary line of said IBlock 4, bounded on the West by tire extension�of the Southwesterly line of said Lot 1, bounded an the East 11 by the exterituon of die INoitheaastefly firre of said Lot 2. Containing appwximalely 6,,557 sq.ft, Motes andl Bounrdsr Legal Description: Begin at the NoilhwesteOy c.orner of tot ,Block 4,of "MANDALAY", accoiding Co irip plat thereof,as recorded in 1 tat Book 1, Page 194 Uftr, true Pubkc Records of Monroe County, Florida;1hence run N45'41 I"15"W for a distance of 50.odd"tie a pwM or the Southertly Right-of,,Wary hile of Block 3,of-"MANDALAY", according to the plat thereof,as recorded m P'lat Book 1, Page 194,of the Purflic,IRecords of Monrc*County,Florida; thence run S44*22'00 VV along the:iovttrerdy Rlght-&-Way l4ie of said Mock 3,lk)v a distance of 100 75" to a Pauirrr()I jarjgeurjCy r')f rj C'�Jlr('A411ar f;"rVe' rhence Southweslefly Wong said CLINO concave to lire Nonh and havOrg for its elements a iadrus 025,00'a cerVal anglie uf 90'00'0" and an arc pProh,of 39 27'tin a point of cusp on a line, saiiid line heing 30.00'North of and parrallier to the cunredrne of 2nd Avenue,thence run S45'38'00''F. allongsard Northedy R'gh' of Way line of:sad 2nd Avemm for a&srance 100 OO'lo a po0it of misp of a circular curve,thence Northeasterty along said curve canicave tr)the Fast and having for Rs eWnrenls a radkm of 25 010'a cenbal angle of W'0,0'00"and an arc leng1h of 3,9,27'to a Murat of tangency on the Ntirthwesterl[y Nne of said Block 4 thence run N44'22"i)OT Mong saiid 5fortheify Rqnj-0frW')y kne of staid Block 4,for a,distance 12 of 100 Ella"to lhe P&nt of Bettlnring 13 A13EA NO 3 That portion of Last 1st Slreet extending over and!acrross the South 50 feet of 1 ots 30, 31,321and 33,Block 2,of "MANI)ALAY", according to the plat thereof,as recorded in Flat Book 1, Page 194,(it the Public Records of Monroe Couirty, l"lorida, Said portions of Fast 1st Street being bor"ided on the INordrr by the SCRItherly bWrldary fine of 1-31ock 2,of MANDALAY,accoirr.'lling to the plat lheieol,as recorded in Plat Book 1, Page '194,of the Public Records of Monroe County, Florida, bounded or)the SOL&by'the Northedy boundary line of said Block 3, bounded orr Ina West by the extension of the Soutliwesleirly lifie of said Lot 33,hounded 14 on the East by the extensilan of the Northeasterly line of said Lot 30. Contarning approx rnately 10,268 sq ft. File No. 2023-147 Page 2 of 3 2603 Metes and Bounds Le gall DescOption: Beg in at the!Northeastarty corner of ILot 30, Rilack 2,of"MANIDALAY",according to the plat thereof, as recorded iin Platt Book t Page 194,of the Piwbhc Records of Morwoe Claunty, Flodda lhence iraurn S44'22'00"W a,long tlia Southertfy Right-ol line of Block 2,of WANDALAY", acerxiding to the p0l thereof,as recoltded ln Rat Book 1, Page'194,of the Pubhc Records of Monroe Counily,Ro6da,i a distance of 175 00"to a Ipoint of larigency lot a araflar cuiwe,thon(v SaiijUnwestedy along swal curve concave W the Noah and ll for its elements an uadius cut Zan 00' as centrall angle of 9()'60'00"and an arc tenglh of 39 27'tin a point of cusp oliv a}Irma,scud fine being 30,00'Noft of wld palaflet to the centerWe of ;fund Avenueo therrice run S46'3,8'00T Mong saki Nlooherty Right,clf•Way fine of sMid 2nd Avemm for a clustanca:100,00'to a pount of cusip of a Orcu6r,curve,thence Nartheasterly along saW curve concave to the East and having for its elements an radius of 25 00 a central angle oil 90'00"00" and aa arc henqlh of 39 27'to a point of tangency on tlh*Nodhwesterly fine of said Block 3 of'. WANDALAY",according to this p@at lbereof,as recorded in Plat Hook 1,Page 194,of Jils Public Re(A)l of ill Couroy, Flln6da�thwice win N44"22'00"E along said laoitheOy RVghkof-Way hne of said Block 3,fof a distance ofl 15,00',thence ril,in N46"38'00"W a trot a distanrii of 50,00"to Hie Point of Bil 2 3 Section 3. Construction and Interpretation. The interpretation of this resolution and 4 all Monroe County Comprehensive Plan provision(s),Florida Building Code,Florida Statutes, and 5 Monroe County Code(s)provision(s)whose interpretation arises out of,relates to, or is interpreted 6 in connection with this resolution shall be liberally construed and enforced in favor of the Monroe 7 County BOCC, and shall be deferred in favor of the BOCC and such construction and 8 interpretation shall be entitled to great weight in adversarial administrative proceedings, at trial, 10 9 bankruptcy, and on appeal. 11 Section 4. No Liability. Monroe County expressly reserves and in no way shall be 12 deemed to have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, 13 governmental, and any other similar defense, immunity, exemption, or protection against any suit, 14 cause-of-action, demand, or liability. 5 16 Section 5. Severability. If any provision of this resolution, or any part or portion 17 thereof, is held to be invalid or unenforceable by any administrative hearing officer or court of 18 competent jurisdiction, the invalidity or unenforceability of such provision, or any part or portion 19 thereof, shall neither limit nor impair the operation, enforceability, or validity of any other 20 provision of this resolution, or any remaining part(s) or portion(s) thereof. All other provisions of 21 this resolution, and remaining part(s) or portion(s) thereof, shall continue unimpaired in full force 22 and effect. 23 24 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, 25 Florida, at a regular meeting held on the 13t' day of December, 2023. 26 Mayor Holly Merrill Raschein 27 Mayor Pro Tem James K. Scholl 28 Commissioner Craig Cates 29 Commissioner Michelle Lincoln 31 Commissioner David Rice 32 BOARD OF COUNTY COMMISSIONERS 33 OF MONROE COUNTY, FLORIDA 34 35 36 BY: 37 (SEAL) MAYOR HOLLY MERRILL RASCHEIN 38 MONROE COU Y ATTORNEY ", ' TO RM 39 ATTEST: KEVIN MADOK, CLERK APB 0 S FO 40 41 ....... 42 By: PErER MORRIS ASSWANTGOUNTY ATTORNEY 43 AS DEPUTY CLERK Date: 1 1/28/23__ File No. 2023-147 Page 3 of 3 2604