Item P6BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: Wed. July 15, 2015 Department: Commissioner David Rice BOCC-4
Bulk Item: Yes _, No XX Staff Contact /Phone #: Tamara Lamarche 305-289-6000
AGENDA ITEM WORDING: Discussion and direction to prepare an ordinance amending Chapter 19,
Section 19- 1. Abandonment of rights of way, to allow partial abandonment of rights of way where
safety and design standards are met.
ITEM BACKGROUND: Monroe County Code does not allow "partial" abandonment of rights of way, even
though Florida Statutes does (see attached code and Florida Statute 336.09).
As part of a new home construction, a property owner applied for a road abandonment application for a
portion of the right of way that is wide at the curve at the entrance to the home. Each utility company
is required to submit a letter of support of objection for road abandonment applications. The Electric
Company objected to the application because there was a service pole within the areas that is requested
to be abandoned.
The property owner went ahead and paid the electric company to move and re -install an electric service
pole to satisfy the electric company issue. Staff then determined the requested abandonment did not
meet County Code.
Research reveals the Florida Statute does allow for abandonments of portions of rights of way.
Timeframe: No August BOCC meeting, schedule permission to advertise for Public Hearing,
September meeting, and the Public Hearing of the ordinance for October meeting in Marathon.
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
STAFF RECOMMENDATIONS:
TOTAL COST: INDIRECT COST:
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Attorney
DOCUMENTATION: Included XX
BUDGETED: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing Risk Management_
Not Required
DISPOSITION: _ AGENDA ITEM #
Revised 6/15
Chapter 19 - ROADS AND BRIDGES
ARTICLE I. - IN GENERAL
Sec. 19-1. - Abandonment of rights -of -way.
(a) No dedicated and accepted right-of-way in the county shall be abandoned where:
(1) The right-of-way terminates on a body of open water; or
(2) The right-of-way provides access to the public to land on open water; or
(3) The abandonment would preclude a way for the public to maintain access to the water.
(b) in all other cases of abandonment, no right-of-way shall be abandoned unless there is an agreement
to do so by all affected property owners. For purposes of this subsection, an affected property owner is
the owner of property which, if the right-of-way is abandoned, will:
(1) Have access that is currently used by that property owner eliminated;
(2) Have the only platted access eliminated;
(3) Have the paved area adjacent to that property increased for turn -around purposes; or
(4) Be increased in size.
(c) A road may be abandoned only at the terminal portion of the road and in its full width unless the
abandonment will comply with the County Code requirements for road, turn -around, and fire -rescue
access and one of the following circumstances exists:
(1) An adjacent lot owner has on the platted right-of-way or within a setback a substantial structure
which predates the Special Session Law 59-1578 pertaining to maps, plats and right-of-way. The term
"substantial structure" specifically does not include wood or metal fences, sheds or tiki huts or other
items not listed which are accessory structures.
(2) The abandonment is requested by a county department or governmental agency for a public
purpose.
(d) The board of county commissioners considers these a restriction on the rights of individuals who
desire to abandon properties in accordance with F.S. § 336.09.
FSS 336.09 Closing and abandonment of roads; authority.—
(1) The commissioners, with respect to property under, their control may in their own discretion, and
of their own motion, or upon the request of any agency of the state, or of the federal government, or
upon petition of any person or persons, are hereby authorized and empowered to:
(a) Vacate, abandon, discontinue and close any existing public or private street, alleyway, road,
highway, or other place used for travel, or any portion thereof, other than a state or federal highway,
and to renounce and disclaim any right of the county and the public in and to any land in connection
therewith;
(b) Renounce and disclaim any right of the county and the public in and to any land, or interest
therein, acquired by purchase, gift, devise, dedication or prescription for street, alleyway, road or
highway purposes, other than lands acquired for state and federal highway; and
(c) Renounce and disclaim any right of the county and the public in and to land, other than land
constituting, or acquired for, a state or federal highway, delineated on any recorded map or plat as a
street, alleyway, road or highway.
(2) The commissioners, upon such motion, request, or petition, may adopt a resolution declaring that
at a definite time and place a public hearing will be held to consider the advisability of exercising the
authority granted in this section.