Item H32BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 16, 2015 Department: Planning & Environmental Resources
Bulk Item: Yes X No.-.-- Staff Contact /Phone #: Mayte Santamaria 305-289-2562
AGENDA ITEM WORDING: Approval to advertise a Public Hearing to consider modifications to
Monroe County Code of Ordinances Section 19-1 Abandonment of Right -of -Way.
ITEM BACKGROUND: Section 19-1 does not allow for partial abandonments of right of way.
Currently, code restricts abandonments to the terminal portion of the road and in its full width. Florida
Statue Section 336.09 (1) (a) provides authority to commissioners to vacate, abandon, discontinue and
close any exiting public or private street, alleyway, road, highway, or other place used for travel, or any
portion thereof, other than state or federal highway.
During the July 15, 2015 meeting, the BOCC discussed the issue of partial abandonments and directed
staff to prepare an ordinance allowing partial abandonments of County rights of way with conditions
for consideration. Staff has also proposed amendments to clarify the process and technical
requirements for an abandonment. This is to schedule permission to advertise for Public Hearing of the
ordinance changes at the October 21, 2015 meeting in Marathon.
PREVIOUS RELEVANT BOCC ACTION:
June 10, 1998 BOCC approved Resolution 250-1998 regarding road abandonments
May 19, 2010 BOCC approved Ordinance 017-2010 regarding road abandonments
July 15, 2015 Discussion and direction to staff to prepare an ordinance allowing for partial
abandonment of County right of way within certain parameters.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval to advertise a Public Hearing for 3:00 PM on October 21, 2015 at the Marathon Government
Center, Marathon.
TOTAL COST:
INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY:
REVENUE PRODUCING: Yes No
APPROVED BY: County Attorney,,,
DOCUMENTATION: Included XX
DISPOSITION:
Revised 6i 15
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
OMB/Purchasing
Not Required
Risk Management
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V-41-
ORDINANCE -2015
AN ORDINANCE BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA
AMENDING SECTION 19-1 OF THE MONROE COUNTY CODE
OF ORDINANCES CONCERNING ROAD ABANDONMENTS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, staff has received requests and the Board of County Commissioners has considered
requests to abandon portions of the County's right of way which are not for the full width of the road, but
only a portion of the road or right of way which will be usable to the applicant; and
WHEREAS, granting of such requests does not relieve the burden of maintenance or upkeep by
County staff and lessens the potential for use of the right of way for utilities or other public uses for
public benefit; and
WHEREAS, the BOCC approved Resolution No. 250-1998 on June 10, 1998, to address
concerns with abandoning irregular pieces of the road that could result in confusion in the future with
respect to paving and maintenance, and that such an abandonment will prompt numerous petitions to
carve irregular sections out of roadways; and
WHEREAS, BOCC Resolution No. 250-1998 did not allow partial abandonments to be
considered and it was determined in 2010 that the criteria of Resolution No. 250-1998 were more
appropriately placed in an ordinance and codified; and
WHEREAS, the BOCC approved Ordinance 017-2010 amending Section 19-1 to include the
criteria from Resolution No. 250-1998; and
WHEREAS, Florida Statute Section 336.09 provides authority to allow for partial right of way
abandonments; and
WHEREAS, certain circumstances may allow for consideration of partial right of way
abandonment and clarification of the road abandonment process is necessary.
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA:
Section 1. Section 19-1 of the Monroe County Code shall be amended as follows (deletions are
*.:,.'.a,. Zreugh and additions are underlined):
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See. 19-1. - Abandonment of Rights -of -Way.
a) All applications for the abandonment of public rieh;s of way shall demonstrate the right of way is
no longer required for public use and convenience. Any proposed abandonment must demonstrate
that such action will not adversely affect public safetv or convenience or otherwise have a
negative impact on the County system of streets or pubAc or private utility facilities.
(ha) No dedicated and accepted right-of-way in the county shall be abandoned where:
;) 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 prec;ude away for the public to maintain access to the water.
(cb) In all other cases o; 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 's the owner of property which directly adjoins the area subject to
abandonment or, if the right-of-way is abandoned, wid:
1) Have access that is currently used by that property owner eliminated or diminished;
2) Have the only platted access eliminated;
3) Have the paved area adjacent to .hat property increased for :urn -around purposes; or
4) Be increased in size.
(de) All right of way abandonments shall comlly with the County Code and Standard Engineering
requirements for road, turn -around and fire -rescue access. Dedicated turn -around areas shall be
shown on submitted plans.
(e) A right of way fead-may be abandoned only at the terminal portion of the road and in its full
width unless one of the following applies;
!"',.. nb, Code «equir-eme„ts f .. Feed tum ar-o nd and fore reseue Revels and Are of the
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 tern "substantial structure" specifically does not include wood
or metal fences, sheds or tiki huts or other items not listed which are accessory
structures; or
2. The abandonment is requested by a eCounty department or governmental agency for a
public purpose use; for purposes of this subsection public use is a public facility and/or
public:'private utility; or
3. The right of way area is unusual in size or shape and after abandonment the remaining
right of way width will be the same on both sides of the abandonment as show in
Example 1.
Example 1
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(f) Any right of way abandonment at the end of a road requires adequate turning radius for public
safety vehicles. The applicant shall coordinate with the Monroe County Fire Marshal and
Sheriff s office prior to application submittal. In the event the right of way abandonment will not
diminish or degrade access the Sheriff and Fire Marshal may determine a turn -around is not
necessary.
(g) For all right of way abandonments at the terminus of a road where a turn -around is required by
the Monroe County Fire Marshal or Sheriff the applicant shall submit an exhibit showing the
proposed dimensions and location.
(h) All right of way abandonment requests shall require a survey prepared by a state licensed
surveyor, dated not more than 180 days prior to the date of submission of the application. The
survey shall depict the precise location and dimensions of the area to be vacated and text from the
recorded plat that dedicated the right of way. The survey shall also depict all parcels of land
within 200 feet of the subject right-of-way and all public and private easements, public utility
facilities and private franchise facilities located in or upon said right-of-way. The Planning
Director and County Engineer may elect to waive elements of the survey requirements in cases
where it is determined that inclusion of an e:ement on the survey is not necessary for the
evaluation of the application.
(i) Applicant must submit a copy of the recorded plat with :he application.
(i) All applications require a title certification, prepared not more than 90 days prior to submission of
the application specifying language from the plat that dedicated the right of way and the County's
interest in the right of way.
(k) Each abandonment application shall include written statements, dated not more than 90 days prior
to the date of submission of the application, from 2.11 public and private utilities servicing the
subject property including water, sewer, electric, telephone, and cable television stating any
objection or required mitigation to the proposed abandonment.
(l)Upon the filing of a complete application, as determined by the Planning Director the petition
shall be reviewed by affected County departments as follows:
l ) Review `or consistency with the Comprehensive Plan by the Department of Planning.
2) Review for impact on public safety and convenience by the County Engineer, Sheriff,
and F're Marshal or designees.
3) Review for impact on transportation system and drainage by ,he County Engineer, or
Designee.
Review for title interest by County Attorney.
(-id) The bBoard of eCounty eCommissioners considers these a restriction on the rights of
individuals who desire to abandon properties in accordance with F.S. § 336.09.
Section 2. Severability.
If any portion of this ordinance is for any reason held invalid or declared to be unconstitutional,
inoperative or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provision thereof shall be held to be inapplicable to any person, property or
circumstances, such holding shall not affect its applicability to any other person, property or
circumstances.
Section 3. Conflicting Provisions.
All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of
said conflict.
1 Section 4. Inclusion in the Code of Ordinances.
2 The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances of the
3 County of Monroe, Florida, as an addition to amendment thereto, and shall be appropriately renumbered
4 to conform to the uniform numbering system of the Code.
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Section 5. Transmittal and Effective Date.
This Ordinance shall be filed with the Department of State and shall be effective as provided in section
125.66(2)(b), Florida Statutes.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a
regular meeting held on the day of 92015.
Mayor Danny L. Kolhage
Mayor pro tem Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
Commissioner David Rice
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
I�
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
Mayor Danny L. Kolhage
MONROE COUNTY l TtoFRNEY
7STEVEN T. WILLIAMS
ASSISTANT PQUNTY ATTORNEY
Date
Florida Statute
Section 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.
History.—s. 49, ch. 29965, 1955.
RESOLUTION NO. 250 -1998 County Commission
AN RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORQ& CONCERNING THE ABANDONMENT i T W
WHEREAS, a recent request for road abandonment requested on irregular portion of the end
of a street to be carved out and abandoned to the adjacent lot owner, and
WHEREAS, an irregularly shaped road would result; and
WHEREAS, Staff is concerned that abandoning irregular pieces of roads will result in confusion
in the future with respect to paving and maintenance, and that such an abandonment will prompt
numerous petitions to carve irregular sections out of roadways; now, therefore
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA,
Section A road may be abandoned only at the terminal portion of the road and in its
full width unless the abandonment will comply with County Code requirements for road, turn-
arounds and fire -rescue access, and one or both of the following circumstances exists:
a) 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 rights -of -way; or
b) The abandonment is requested by a County department for a public purpose.
Section Buildings or structures of significant construction do not include wood or
metal fences, sheds or tiki huts.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Cotvy,porldv. aA
regular meeting of said Board held on the 10thday of June, 1998.
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Mayor Jack London
yes
orsr
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re
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_._. Commissioner Keith Douglass
yes
—• Commissioner Shirley Freeman
yes
D
A
Cgmmissioner Wiihelmina Harvey
yes
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;-:Qrroissioner Mary Kay Reich
yes
49-
a
)SEAL) - BOARD OF Utg-y COMMISSIONERS
Attest: DANNY L.KOLHAGE, Clerk OF MO COU FLORID
jresirap DepuK clerlaf Mayor/Chairman
APPROVED AS TO FORM
AND SUFFICIE
Y
U NNE A H
DATE
M
BOCC MAY 19, 2010
ORDINANCE 017 -2010
AN ORDINANCE BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA AMENDING SECTION 19-1 OF THE
MONROE COUNTY CODE OF ORDINANCES CONCERNING ROAD
ABANDONMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, staff has received requests and the Board of County Commissioners has considered
requests to abandon portions of the County's right of way which are not for the full width of the
road, but only a portion of the road or right of way which will be usable to the applicant; and
WHEREAS, granting of such requests does not relieve the burden of maintenance or upkeep by
County staff and lessens the potential for use of the right of way for utilities or other public uses
for public benefit; and
WHEREAS, in processing a recent request, staff researched this Issue and is following
Resolution No. 250-1998 (attached Exhibit A) of the Board of County Commissioners which does
not allow for such requests to be considered; and
WHEREAS, the criteria in Resolution No. 250-1998 for partial abandonments are more
appropriately placed in an ordinance and codified; and
NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA.,
Section 1. Section 19-1 shall be amended as follows:
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.
BOCC MAY 19, 2010
(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.
Section 2. Severability.
If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be
adjudged by any court of competent jurisdiction to be invalid, such judgment shall not affect,
impair, invalidate, or nullify the remainder of this Ordinance, but the effect thereof shall be
confined to the section, paragraph, subdivision, clause, sentence or provision immediately
involved in the controversy in which such judgment or decree shall be rendered.
Section 3.Conflictina Provisions.
In the case of direct conflict between any provision of this ordinance and a portion or provision of
any appropriate federal, state or county law, rule, code or regulation, the more restrictive shall
apply.
Section 4. Effective Date.
This ordinance shall be effective when filed in the Office of the Secretary of State of the State of
Florida.
Section 5. Transmittal for Codification
The provisions of this ordinance shall be included and incorporated into the Code of Ordinances
of the County of Monroe, Florida, as an addition or amendment thereto and shall be
appropriately numbered to conform to the uniform numbering system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe Co3Eity�lori%
at-^
a regular meeting held on the 1 e day of May, 2010.
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Mayor Sylvia J. Murphy yes
Mayor Pro tem Heather Carruthers Yes
`- - o
?
issioner Kim Wigington Yes
`�-'�`_
rn
'F missioner George Neugent Yes
m.issioner
w
o
Mario Di Gennaro Yes
rn
J
o
, CLERK
Deputy Clerk
MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS
�4�- 46�
-Mayor . Murphy
MONROE COUNTY ATTORNEY
qppROVED AS TO FORM.
SAN M. GgI LEY
ASSISTANT COUNTY ATTORNEY
Date 1, '��