Item P1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: July 18, 2012 Division: Growth Management
Bulk Item: Yes _ No x Department: Planning & Environmental Resources
Staff Contact Person/Phone #:Christine Hurley 289-2500
AGENDA ITEM WORDING: A public hearing to consider an ordinance establishing Monroe
County Code Section 19-8, restriction on use of county roads, providing a procedure to limit access to
public roads.
ITEM BACKGROUND: This ordinance codifies the criteria and process to be used by the County to
restrict or limit vehicular and pedestrian access or the number of hours of use by the general public of a
county road that is within the jurisdiction of Monroe County. Initiation of the road closure will go
through the public works division. A public hearing shall be scheduled after the Directors of Public
Works, Engineering Services, Emergency Services, and any affected utility providers have been
notified and have no objection. Notice will be sent by Growth Management staff to property owners
within 300 feet at least 15 days before the public hearing, and the area will be posted by Public Works.
The same process is to be followed for removal of the restriction.
PREVIOUS RELEVANT BOCC ACTION:
June 20, 2012 — BOCC granted permission to advertise public hearing.
November 17, 2010: BOCC provided staff within Growth Management, Public Works and Emergency Services
with direction regarding the establishments of a process to close or open ends of county roads.
The BOCC has reviewed proposed road closures in the past; below are four examples of the
BOCC working with Public Works Division to Closer roads:
May 19, 2010: A public hearing was held to consider adoption of a resolution closing the extension of Kay
Drive, north of the intersection of Kay Drive and Avenue D, from sunset to sunrise, in Key Largo. There had
been complaints about misuse occurring at the extension of the Kay Drive right of way. Closing the area from
sunset to sunrise and posting signage to this effect will assist the Sheriffls Office in helping to end or diminish
misuse of this area. The request was approved, as memorialized in Resolution 146-2010.
February 17, 2010: A public hearing was held to consider a request was received from the County's Land
Steward, Beth Bergh, to close a portion of Mariposa Road to vehicular access due to illegal dumping and misuse
of the property.
October 21, 2009: A public hearing was held to consider a request was received from the County's Land
Steward, Beth Bergh, to close a portion of Richard Road to vehicular access due to illegal dumping and misuse
of the property.
October 17, 2007: A public hearing was held to consider a request was received from the County's Land
Steward, Beth Bergh, to close Barataria Road to vehicular access due to illegal dumping and misuse of the
property. All the platted lots on the east side of the road are currently in public ownership (either Monroe
County or the State of Florida) and the platted lots on the west side of Barataria Road are submerged lands that
are privately owned.
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval
TOTAL COST: INDIRECT COST: BUDGETED: Yes No _
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year
APPROVED BY: County Atty x OMB/Purchasing Risk Management
DOCUMENTATION: Included x Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY, FLORIDA
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
ORDINANCE NO. - 2012
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS ESTABLISHING MONROE
COUNTY CODE SECTION 19-8, RESTRICTION ON USE OF
COUNTY ROADS; PROVIDING A PROCEDURE TO LIMIT
ACCESS TO ROADS DEDICATED TO PUBLIC USE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE SECRETARY OF STATE; PROVIDING
FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is within the powers of the county to regulate county roads; and
WHEREAS, the Board of County Commissioners finds that there should be more public process
and involvement when a public road is to be limited in its use; and
WHEREAS, this ordinance codifies the criteria and process to be used by the County to limit
vehicular and pedestrian access to, or hours of use for, a public road that is within the jurisdiction
of unincorporated Monroe County;
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS:
Section 1. Section 19-8 shall be established as follows (deletions are stFisken dffeu and
additions are underlined):
Sec.19-8. Restriction on use of county roads.
(a) Generally For the purposes of this section a restriction on the use of a county road is the
limiting of vehicular or pedestrian access or the limitation on hours of use by the general public
of a count road that is dedicated to the public or a county road used by the public, whether
paved or unpaved within the jurisdiction of unincorporated Monroe County. The restricted
portion of the road shall remain a county road. Further, the restriction shall not constitute
abandonment and the road may be reopened for vehicular or pedestrian traffic, access and/or use
of the general public at a future time.
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Process for restricting the use of a public road. Restricted access to a public road, or a
segment thereof, may be requested by the county commission, the county administrator, or
any county division or department and processed as follows:
(1) The proposed restricted access shall be reviewed and decided by majority vote of the
board of county commissioners at a public hearing.
(2) A road restriction shall be requested in writing to the director of the division of public
works.
(3) A public hearing shall be scheduled after the division of public works director, director of
engineering services director of emergency services and any utility provider that may be
affected by the restriction have been notified and indicate that they have no objection.
(4) Ninety (90) days prior to the public hearing the public works department shall request
that the growth management division provide written notice of the proposal to all
affected property owners and surrounding_ property owners located within 300 feet of the
entire road segment to be restricted. For purposes of this subsection, an affected property
owner is the owner of property which if the road is restricted will have pedestrian or
vehicular access directly_ from his property eliminated. The notice shall meet the
following requirements:
a Every notice shall include the date time and place of the public hearing before the
board of county commissioners the location of the road and the type of access
proposed to be changed or restricted and contact information for the county.
b Notice of the public hearing shall be mailed by the growth management division to all
affected property owners and surrounding_ property owners as listed in the Monroe
County Property Appraiser's records at least 15 days prior to the date of the public
hearing.
c The area adjacent to or on the road shall be posted in an area visible to the public with
at least two 18" by 24" signs at least 15 days before the hearing by public works staff.
A photograph of the sign in lace with the date OfDOSting on it _an notarized
affidavit by the employee dated the same day as the posting shall be proof that the
posting was done.
(c) Process for removal of restriction. The removal of the restriction on a previously restricted
public road or a segment thereof, may be requested by the board of county commissioners,
the county administrator, or any county division or department as follows:
(1) The removal of the restriction shall be reviewed and decided upon by the board of county
commissioners at a public hearing.
(2) Notice and procedure shall be done in the same manner as for road restrictions.
(d) Exemptions Emergency road restrictions for safety, investigative or other emergency related
purposes shall be exempt from the process provided in subsection (b).
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
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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. Conflicting 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. Filing and Effective Date.
This ordinance shall be filed in the Office of the Secretary of the State of Florida and shall
become effective as provided by law.
Section 5. Inclusion in the Monroe County Code.
The provisions of this Ordinance shall be included and incorporated in the Code of Ordinances
of the County of Monroe, Florida, as an addition to amendment thereto, and shall be
appropriately renumbered to conform to the uniform marking system of the Code.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , 2012.
Mayor David Rice
Mayor Pro Tem Kim Wigington
Commissioner Heather Carruthers
Commissioner Sylvia Murphy
Commissioner George Neugent
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
LI-M
Mayor David Rice
MONROE 0 NT
APPRO AS 0 F RMEY � ® r
Date: '`-,
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