PLACEMENT: Public Hearings - Quasi-Judicial
TITLE:
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PUBLIC HEARING TO CONSIDER A REQUEST FOR A RIGHT-OF-WAY WIDTH VARIANCE FOR NE MANGO TERRACE
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EXECUTIVE SUMMARY:
executive summary
This is a request by Frank and Michele Cacella to adopt a resolution granting a variance for the right-of-way width for NE Mango Terrace. In addition, the Board is requested to accept NE Mango Terrace into the County’s Road Inventory as publicly owned and maintained upon the issuance of the Road Opening Permit and the County Engineer’s acceptance of the construction of the roadway.
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DEPARTMENT: Public Works
PREPARED BY: Name: Michael J Grzelka, P.E.
Title: County Engineer
REQUESTED BY: Frank and Michele Cacella
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
On April 19, 1949, the plat of MANGO LANE was recorded in Plat Book 2, Page 66 of the public records of Martin County, Florida and included a dedication of the platted rights-of-way to the public. On February 7, 1952 the Amended Plat of MANGO LANE was recorded in Plat Book 2, Page 76 of the public records of Martin County, Florida and included a dedication of the platted rights-of-way to the public. A portion of the right-of-way adjacent to lots 7, 8, 22 and 23 was abandoned on September 5, 1967. The remainder of the right-of-way adjacent to lots 9 through 13, 17A and 17 through 21 were not constructed and therefore were not included in the County’s Road Inventory when it was adopted in 1972. For roads that were not constructed in rights-of-way that were platted prior to 1972, it has been the County’s procedure to require the roads to be constructed in accordance with the County’s standards prior to accepting the roads into the County’s Road Inventory. Frank and Michele Cacella would like to open the road and sell the lots to individuals that wish to construct homes on the lots of record.
Section 4.843.K of the Martin County Land Development Regulations provides, “In order for a building permit to be issued for the construction of any structure, the lot must directly front on an open road.” Accordingly, Frank and Michele Cacella will be submitting a Road Opening Permit application to open portions of the platted road rights-of-way and construct the road to County standards.
Section 4.843.B.2 of the Martin County Land Development Regulations provides, “Variances may be granted by the Board of County Commissioners for rights-of-way within plats that were recorded prior to 1972 where the previously acquired right-of-way is less than the required minimum right-of-way.” Frank and Michele Cacella are requesting the Board of County Commissioners grant a variance for the right-of-way width for NE Mango Terrace. The right-of-way width for the first approximately 170 feet of NE Mango Terrace immediately east of NE Skyline Drive will be 30-feet in width instead of the required 50-feet for curb and gutter roads and Frank and Michele Cacella will dedicate the additional required 10 feet of ROW from each of the existing lots of record 9, 10, 11, 12, 18, 19, 20 & 21 with the Road Opening Permit application for construction of a county standard curb and gutter road.
If authorized, the following road characteristics will be added into the County’s Road Inventory upon issuance of a Road-Opening-Permit and completion of construction and acceptance by the County Engineer:
Name: NE Mango Terrace
Length: 570 feet
Limits: east of NE Skyline Drive
Ownership: Martin County
Maintaining Entity: Martin County
Functional Classification: Local Residential
Right-of-way width: 50 feet/30 feet
Pavement width/type: 20 feet of asphalt
Sidewalk width: 6 feet on one side
Method of stormwater treatment: Dry Retention
Posted speed limit: 25 MPH
ISSUES:
None
LEGAL SUFFICIENCY REVIEW:
Because this request involves the application of a policy specific application and site, it is a quasi-judicial decision. Quasi-judicial proceedings must be conducted with more formality than a legislative proceeding. In quasi-judicial proceedings, parties are entitled - as a matter of due process - to cross examine witnesses, present evidence, demand that witnesses testify under oath, and demand a decision that is based on a correct application of the law and competent substantial evidence in the record.
RECOMMENDED ACTION:
RECOMMENDATION
1. Move that the Board receive and file the agenda item and all attachments including the staff report as Exhibit 1.
2. Move that the Board adopt a Resolution granting a variance for the right-of-way width for NE Mango Terrace and accept NE Mango Terrace into the County’s Road Inventory as publicly owned and publicly maintained upon the issuance of the Road Opening Permit and the County Engineer’s acceptance of the construction of the roadway.
ALTERNATIVE RECOMMENDATIONS
1. Move that the Board of County Commissioners direct staff to review the Road Opening Permit application and prior to the issuance of Road Opening Permit, to return to the Board for final action to accept the road into the County’s Road Inventory.
2. Provide staff direction.
FISCAL IMPACT:
RECOMMENDATION
The future cost to the County to resurface the additional 570 feet of road is approximately $40,000 which is not anticipated until the year 2044. Minor maintenance costs (less than $500 per year) may be associated with the proposed stormwater facilities.
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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