PLACEMENT: Consent
TITLE:
title
A REQUEST TO ADOPT A RESOLUTION CORRECTING A SCRIVENER’S MAPPING ERROR ON THE FUTURE LAND USE MAP FOR ABANDONED ROADS LOCATED ON THE SAINT LUCIE INLET FARMS AND PALM CITY FARMS PLATS
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EXECUTIVE SUMMARY:
executive summary
This is a request by 456 South Ocean LLC for the Board of County Commissioners (BOCC) to consider adoption of a resolution that corrects the Future Land Use Map (FLUM). The resolution will correct the FLUM to display the Agricultural Ranchette future land use designation on portions of private property that contain previously abandoned road right-of-way. The subject property is located north of SW 96th Street, east of SW Citrus Boulevard, south of Interstate 95, and west of the Florida Turnpike.
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DEPARTMENT: Growth Management
PREPARED BY: Name: Amy Offenbach
Title: Planner
REQUESTED BY: 456 South Ocean LLC
PRESET:
PROCEDURES: None
BACKGROUND/RELATED STRATEGIC GOAL:
A scrivener’s error is a mistake in an ordinance or other document adopted by the BOCC that is the result of simple human error and is not a reflection of actual intent of the BOCC. The FLUM, originally adopted in 1982, was compiled by County staff at the direction of the BOCC. While numerous other policy directives were given, the primary direction in the creation of the FLUM was to assign future land use designations that were consistent with the existing uses of properties at the time of adoption in 1982. During conversion of the hard copy (hand drawn) maps to the GIS (digital version) maps, numerous errors occurred due to the poor scale (1 inch = 1,000 feet) and the difficulty of interpreting features on the hand drawn maps. Many of these errors are only discovered after close examination of individual properties in the GIS map. Most of the open right-of-way and none of the unopen right-of-way were shown on the hand drown maps from 1982.
ISSUES:
On September 22, 1970, a Resolution was recorded that abandoned road Right-of-Way (ROW) within the subject property and some of which was outside the property boundaries. The abandoned ROW within the subject property was conveyed to the owner at that time. In 1982, a Future Land Use was assigned to the subject property. Staff has determined that the GIS FLUM incorrectly shows the previously abandoned ROW without a future land use designation. The attached Scrivener’s Mapping Error Staff Report describes the error and proposed correction.
The identified error is clearly a mapping error and does not reflect any intention of the Board of County Commissioners to change the future land use for a privately owned parcel. A resolution of the BOCC is sufficient to correct the identified mapping error on the FLUM.
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
Move that the Board adopt a Resolution approving the Scrivener’s Mapping Error correction on the Future Land Use Map by showing the Agricultural Ranchette future land use designation on portions of the subject property that contain abandoned Right-of-Way prior to 1982.
ALTERNATIVE RECOMMENDATIONS
1. Pull this item from the Consent Agenda.
2. Find that the Future Land Use Map has no error regarding the abandoned Right-of-Way within the subject property and take no further action.
3. Request that staff provide additional information and continue the item to a future date.
FISCAL IMPACT:
RECOMMENDATION
None
ALTERNATIVE RECOMMENDATIONS
None
DOCUMENT(S) REQUIRING ACTION:
☐Budget Transfer / Amendment ☐ Chair Letter ☐Contract / Agreement
☐Grant / Application ☐Notice ☐Ordinance ☒Resolution
☐Other:
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