www.mymanatee.org
Manatee County Government Administrative Building First Floor, Chambers December 1, 2016 - 9:00 AM
REVISED December 1, 2016 - Land Use Meeting
Agenda Item #14


Subject
Resolution R-16-116 vacating a portion of improved right-of-way at San Miguel Cove, University Park, Florida; PID 1918915359

Briefings
None

Contact and/or Presenter Information

Joy Leggett-Murphy, Property Acquisition Division Manager, Property Management, Extension 3439.

Tim Cristello, Real Property Specialist, Property Acquisition Division, Property Management, Extension 6284.



Action Requested

ADOPT Resolution R-16-116.



Enabling/Regulating Authority
  • Florida Statutes, Sections 336.09 and 336.10 et seq., Closing and Abandonment of Roads.
  • Manatee County Land Development Code, Section 911 of the old LDC, is now addressed within Sections 312, and 331 of the new LDC.


Background Discussion
  • The applicant, Mandarin Development, Inc., has submitted this vacation request and is requesting vacation of 600 square feet of improved platted right-of-way known as San Miguel Cove that currently provides emergency and secondary means of access.  The applicant has also submitted an application to amend the access points for the Riva Trace Subdivision and this application will be heard at a public hearing on the same agenda as the street vacation.   
  • During the public hearing on November 5, 2015, Mandarin Development, Inc., withdrew their vacation request and the Board of County Commissioners requested that County staff review Manatee County, Florida Code of Ordinances Section 2-28-2.  The Department of Public Safety and the emergency response agencies reviewed the Emergency Gate Access Ordinance and they are of the opinion the ordinance and requirements currently stipulated are adequate and meet existing needs for timely public safety response.  This review was presented to the Board of County Commissioners on May 24, 2016.
  • This vacation request is to eliminate an emergency inter-neighborhood connection between Riva Trace and Carriage Run Subdivision.  The vacation would allow Riva Trace to eliminate the expense of maintaining a remote-operated access gate.
  • Jurisdictional reviews by appropriate county departments and private utility companies serving the location to be vacated have been notified of the intention to file a vacation.
  • Public Safety as of July 7, 2016 no longer objects and they support the vacation request.  This is based on an actual site inspection by Emergency Medical Services Chief and the Public Safety Department.  They feel the width and layout of the roadway alleviates the need for a secondary means of access.
  • Building and Development Services has no objection because the two departments who were recommending denial are now recommending approval. 
  • The Fire District has no objection to the vacation application, confirmed by email dated July 26, 2016 and supports recommendations from staff.
  • Per Public Works request, the applicant will be providing a permanent utilities easement for drainage and utilities over the area requested to be vacated.  This permanent utilities easement addresses the concerns noted by the Public Works Department during the Jurisdictional Review process.  This executed easement will be presented on the next consent agenda subject to the approval of the right-of-way vacation.
  • According to the applicant, the vacation complies with the technical requirements of the Manatee County Land Development Code and pertinent Florida Statutes.
  • All expenses associated with the subject vacation will be paid by the applicant.
  • Manatee County's application fee of $800.00 has been paid.


County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Schenk

Instructions to Board Records
Please provide a certified copy of the resolution to Tim Cristello, Property Management Department, 1112 Manatee Avenue West, Suite 800, Bradenton, Florida 34205.

Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Mandarin Development Inc Application and Deed.pdf
Attachment:  Mandarin Development Jurisdictional Review 1 of 2.pdf
Attachment:  Mandarin Development Jurisdictional Review 2 of 2.pdf
Attachment:  R-16-116.pdf
Attachment:  Bradenton Herald Notice.pdf
Attachment:  Affidavit of Notice Mandarin Development Inc.pdf
Attachment:  RLS-15-078 & RLS-15-197.pdf
Attachment:  RLS Matter 2016-0624.pdf
Attachment:  Letter from Applicant to Reinitiate Vacation Request.pdf
Attachment:  Property Management Director Memo.pdf
Attachment:  Mandarin Development Inc Location Map.pdf
Attachment:  R-16-116.pdf