PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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REQUEST ABANDONMENT OF A PORTION OF SE FRONT STREET, LYING WITHIN THE PLAT OF PORT SALERNO
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EXECUTIVE SUMMARY:
executive summary
This is a request for the Board to consider an application for the abandonment of a portion of platted SE Front Street right-of-way and a waiver of the required privilege fee in conjunction with the abandonment.
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DEPARTMENT: Public Works
PREPARED BY: Name: Thomas Walker, Jr., PSM
Title: County Surveyor
REQUESTED BY: The Port Salerno Church of God, Inc.
PRESET:
PROCEDURES: Quasi-Judicial
BACKGROUND/RELATED STRATEGIC GOAL:
The Port Salerno Church of God, Inc. requests that the Board consider the abandonment of 11,816.48 square feet (Exhibit “A”) of unopened platted right-of-way of SE Front Street, lying within the plat of Port Salerno. Said right-of-way being sought for abandonment is not, nor has it ever been an open road. Said right-of-way abuts existing abandonments of SE Front Street and adjacent platted alley and, therefore, would not block any existing access to or from SE Cove Road (see Location Map).
The Petitioner is the owner of Lots 1 through 4 and 9 together with a portion of right-of-way previously abandoned by Martin County adjacent to the subject unopened right-of-way. St. Luke’s Episcopal Church of Port Salerno is the owner of the property located east of the right-of-way proposed to be abandoned and has provided a letter of no objection. Upon successful abandonment of the subject right-of-way, the Petitioner would receive the westerly half and St. Luke’s Episcopal Church would receive the easterly half.
Section 139.2, General Ordinances, Martin County Code (Code) requires a privilege fee for abandonment and vacation of County property and roads; however, the Board may waive the privilege fee required upon a showing of good cause. Sec.139.2. of the Code - Privilege fee for abandonment and vacation of County property and roads, reads as follows:
139.2.A. There is hereby established a privilege fee, payable by any firm, person or corporation petitioning the Board of County Commissioners for the abandonment and vacation of the interests of the County in and to any real property or street, alleyway, road, highway or other place used for travel, or any portion thereof; such fee to be for the purpose of making available funds for the County's various eminent domain proceedings to acquire real property for road rights-of-way, beach access strips and other open space recreational land for public use. Such privilege fee shall be in addition to an application fee to reimburse the County's administrative expenses connected with petitions for abandonment.
139.2.B. Such privilege fee shall be equal to the value of the County's interest that is being abandoned. The value of the County's interest shall be determined by an appraisal to be submitted by the petitioner. Such an appraisal shall be prepared in accordance with staff requirements and is subject to approval by the Board of County Commissioners.
139.2.C. Such privilege fee shall not apply to petitions made by the original gratuitous donor of the County's interest to be abandoned, nor when F.S. § 255.22 or a reverter clause in the instrument of conveyance to the County shall take effect.
139.2.D. The Board may waive the privilege fee required pursuant to paragraph A of this section upon a showing of good cause.
The Port Salerno Church of God, Inc. was also the petitioner for said existing abandonment of SE Front Street. One of the conditions of said existing abandonment was the conveyance of a twenty-five-foot strip of land for dedication as right-of-way for SE Cove Road. SE Cove Road is a Major Arterial within the Urban Service District and Port Salerno CRA and is less than the minimum right-of-way width of one hundred and thirty (130) feet pursuant to Right-of-way requirements set forth in Section 4.843.B, Land Development Regulations, Martin County Code.
Staff has identified the south twenty-five feet portion of the Petitioner’s property adjacent to the twenty-five foot previously dedicated as right-of-way that could be conveyed to the County for the purpose of right-of-way dedication. This additional twenty-five feet would benefit the lack of right-of-way along SE Cove Road, would make the right-of-way width more consistent and could be considered by the Board as a showing of good cause to waive the privilege fee. Staff presented this option to the Petitioner, but the petitioner did not want to offer the additional right-of-way as a showing of good cause.
ISSUES:
The Petitioner has requested that the privilege fee be waived but has not provided a showing of good cause, which is required by the Code. The Petitioner has asked that this request be heard by the Board despite lacking staff recommendation for approval.
LEGAL SUFFICIENCY REVIEW:
This item has been reviewed for legal sufficiency to determine whether it is consistent with applicable law, has identified and addressed legal risks, and has developed strategies for legal defensibility.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the Agenda Item Summary and all its attachments for the record as Exhibit 1; and
2. Move that the Board defer the Request to Abandon until a Final Site Plan application for the subject property is filed and a privilege fee (or showing of good cause for the fee to be waived) is made.
ALTERNATIVE RECOMMENDATIONS
Provide staff alternate direction.
FISCAL IMPACT:
RECOMMENDATION
The application fee for the Petition to Abandon is $3,200.00.
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Funding Source |
County Funds |
Non-County Funds |
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Commission District 4 MSTU discretionary |
$3,200.00 |
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Subtotal |
$3,200.00 |
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Project Total |
$3,200.00 |
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☐Resolution
☐Other:
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