Item D2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: May 17, 2001
Division: Growth Management
Bulk Item: Yes
Department: Planning & Environmental Resources
No X
AGENDA ITEM WORDING: A public hearing to amend the text of Section 9.5-281 Minimum Yards (regarding the
Urban Residential Mobile Home land use district) of the Monroe County Code.
ITEM BACKGROUND: The Planning Department has been receiving numerous requests for variances from residents
who are either replacing mobile homes with detached (modular or site built) homes or constructing new detached homes in
the Urban Residential Mobile Home (URM) land use district. Most lots in URM are 50 foot wide or less. Detached
homes can be constructed to withstand greater wind velocities and therefore can be safer in tropical storms. Lots zoned
Improved Subdivision (IS) have side yard setbacks of 10/15 feet. Most IS lots are 50 feet or greater in width.
Planning Commissioners have made comments regarding the number of these variances at several recent meetings. Staff,
based on what they believe is logical and warranted, has proposed an amendment to Section 9.5-281 which would change
the setbacks in URM from 10'/20' to 5'/10' for lots less than 50 feet wide and to 10'1 15' for lots 50 feet wide or greater.
On AprilS, 2001 the Development Review Committee recommended approval to the Planning Commission. On April 25,
2001 the Planning Commission recommended approval to the Board of County Commissioners.
PREVIOUS RELEVANT BOARD ACTION: NONE
CONTRACT~GREEMENTCHANGES: NONE
STAFF RECOMMENDA TION: APPROVAL
TOTAL COST:
N/A
BUDGETED: Yes N/A No
COST TO COUNTY:
N/A
REVENUE PRODUCING: Yes N/A No
AMOUNT PER MONTH N/A YEAR
APPROVED BY: County Attorney
X
N/A
Risk Management
N/A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
DISPOSITION:
C:\TEMP\BOCC agenda item shell for URM.doc
'r\
AGENDAITEM#: ~
PLANNING DEPARTMENT
MONROE COUNTY CODE TEXT AMENDMENT TO
SECTION 9.5-281 (MINIMUM YARDS)
BOARD OF COUNTY COMMISSIONERS
KEY LARGO LIBRARY
MAY 17,2001
PROPOSED TEXT AMENDMENT
MONROE COUNTY CODE SECTION 9.5-281
(MINIMUM YARDS) REGARDING ONLY THE
URBAN RESIDENTIAL MOBILE HOME (URM)
LAND USE DISTRICT
This map amendment is for changing the minimum side yard requirements of Monroe County
Code Section 9.5-281 for the Urban Residential Mobile Home (URM) land use district from
10'/20' to 5'/10' for lots less than 50 feet wide and to 10'/15' for lots 50 feet wide or greater.
TEXT AMENDMENT RECOMMENDATIONS
Staff:
Approval
March 26, 2001
Staff Report
DRC:
Approval
April 5, 2001
Resolution #D04-0 1
PC:
Approval
April 25, 2001
Resolution #P28-0 1
DRAFT TEXT AMENDMENT ORDINANCE
ORDINANCE NO. -01
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 9.5-281 (MINIMUM YARD) REGARDING ONLY THE
URBAN RESIDENTIAL MOBILE HOME (URM) LAND USE
DISTRICT; PROVIDING FOR THE SEVERABILITY; PROVIDING
FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT
HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE
MONROE COUNTY CODE; AND DIRECTING THE CLERK OF
THE COURT OF THE BOARD TO FORWARD A CERTIFIED COPY
OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS AND PROVIDING AN EFFECTIVE DATE
WHEREAS, The Monroe County Board of County Commissioners, during a regular
meeting held on May 17, 2001, conducted a review and consideration of the request for an
amendment to Section 9.5-281 (Minimum yards) of the Monroe County Code to allow minimum
side yard setbacks of 5'/10' for lots less than 50 feet wide and 10'/15' for lots 50 feet wide or
greater in the Urban Residential Mobile Home (URM) land use district; and
WHEREAS, the Planning Commission, Development Review Committee, and Growth
Management Staff all support and recommend approval of this text amendment as indicated in
Resolutions P28-01 and D04-01; and
WHEREAS, the Board of County Commissioners examined the proposed amendment to
Section 9.5-281 (minimum yards) of the Monroe County Code submitted by the Monroe County
Growth Management Division and recommended by the Monroe County Planning Commission;
and
WHEREAS, the Monroe County Board of County Commissioners hereby supports the
decision of the Planning Commission and recommendations of the Growth Management staff;
and
WHEREAS, it is the desire of the Board that the following amendment to the County
Code be approved, adopted, and transmitted to the state land planning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
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Initial
Section 1.
Section 9.5-281 of the Monroe County Code is amended to affect only the Urban
Residential Mobile Home (URM) land use district portion to read as follows:
Sec. 9.5-281. Minimum yards.
Front Side Rear
Land Use District Yard Yard Yard
Land Use (ft.) (ft.) (ft.)
Urbaa Residential Mobile Home:
Detaehed R-esidential 10* 10/20* 10*
Mobile Homes 10* 10/20* 10*
Urban Residential Mobile Home:
Lots less than fifty (50) feet wide:
Detached Residential 10 5/10 10
Mobile Homes 10 5/10 10
Lots fifty (50) feet wide or greater:
Detached Residential 10 10/15 10
Mobile Homes 10 10/15 10
Section 2.
If any section, subsection, sentence, clause, item, change, or provision of this
ordinance is held invalid, the remainder of this ordinance shall not be affected by
such validity.
Section 3.
This ordinance shall be filed in the Office of the Secretary of State of Florida, but
shall not become effective until a notice is issued by the Department of
Community Affairs or Administrative Commission approving the ordinance.
Section 4.
This ordinance shall be transmitted by the Planning Department to the
Department of Community Affairs to determine the consistency of this ordinance
with the Florida Statutes.
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Initial
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida
at a regular meeting held on the day of , A.D., 2001.
Mayor George Neugent
Mayor Pro Tern Nora Williams
Commissioner Charles "Sonny" McCoy
Commissioner Murray Nelson
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Neugent
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
API1rtC irry , "; TO FO
'ANic/L,',./-~- ~t:/~
E"( ,." Attorney s Office
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Initial
Memorandum
To:
From:
Board of County Commissioners
~K. Marlene Conaway, Director OfPIann~
U April 26, 2001
Date:
SUBJECT: AMENDMENT TO SECTION 9.5-281 MINIMUM YARDS (FOR URM)
MEETING DATE: May 17,2001
I. BACKGROUND:
The Urban Residential Mobile Home (URM) district allows detached residential homes as well
as mobile homes. The Planning Department has been receiving numerous requests for variances
from residents who are either replacing mobile homes with detached (modular or site built)
homes or constructing new detached homes. Most lots in URM are 50 feet wide or less.
Detached homes can be constructed to withstand greater wind velocities and therefore can be
safer in tropical storms.
Lots zoned Improved Subdivision (IS) have side yard setbacks of 10115 feet. Most IS lots are 50
feet or greater in width.
II. ANALYSIS:
On a 50-foot wide lot, a typical 28-foot wide (with overhangs) modular home can be constructed
with an entryway/porch and meet the proposed 10/15 setbacks, as is the case in IS subdivisions.
However, on lots less than 50 feet wide, placing a similar home does not allow for an
entryway/porch without a variance to Section 9.5-281.
Therefore, Staffbelieves that a logical conclusion is to have side yard setbacks of five (5) feet on
each side for URM lots of less than 50 feet wide and 10/15 for URM lots 50 feet or greater in
width.
III. FINDING OF FACT AND PROPOSED CHANGE TO SECTION 9.5-281:
Based on the fact that Urban Residential Mobile Home (URM) lots are typically 50 feet wide or
less; the side yard setbacks in Improved Subdivision (IS) are 10/15 feet; and that a typical 28-
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W:\Planning\Text Amendments\URM setbacks 9.5-281\BOCa9.5-281 min. yards BOCC staffreportdoc
foot wide (with overhangs) modular home cannot be constructed with an entryway/porch (which
is needed if the home is required to be elevated) on a lot less than 50 feet wide without a variance
to Section 9.5-281, stafffmds that the following proposed amendment to Section 9.5-281 is both
logical and warranted.
Sec. 9.5-281. Minimum yards.
Land Use District
Land Use
Front Side Rear
Yard Yard Yard
(ft.) (ft.) (ft.)
Urban Residential Mobile Home:
Detaehed Residential
Mobile Homes
10* 10/20* 10*
10* 10/20* 10*
Urban Residential Mobile Home:
Lots less than fifty (50) feet wide;
Detached Residential
Mobile Homes
10
10
5/10 10
5/10 10
Lots fifty (50) feet wide or greater;
Detached Residential
Mobile Homes
10
10
10/15 10
10/15 10
IV. RECOMMENDATION:
Based on the Finding of Fact above, the Planning Department recommends APPROVAL of the
proposed amendment to Section 9.5-281 (minimum yards) of the Monroe County Code.
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PLANNING COMMISSION RESOLUTION
P28-01
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~~~
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RESOLUTION NO. P28-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION RECOMMENDING APPROVAL TO THE
BOARD OF COUNTY COMMISSIONERS OF THE REQUEST
BY THE PLANNING DEPARTMENT FOR AMENDING
MONROE COUNTY CODE SECTION 9.5-281 MINIMUM
YARDS REGARDING THE URBAN RESIDENTIAL MOBILE
HOME (URM) LAND USE DISTRICT
WHEREAS, during a regular meeting held on April 25, 2001, the Monroe County
Planning Commission conducted a public hearing to review the request by the Monroe County
Planning Department for an amendment to Section 9.5-281 of the Monroe County Code; and
WHEREAS, the Planning Commission was presented with the following evidence,
which by reference is hereby incorporated as part of the record of said hearing;
1. Staffreport prepared by Edward Koconis, AICP, Island Planning Team Director, dated
March 26, 2001 ;and
2. The sworn testimony of the Growth Management Staff; and
3. Comments by the public; and
WHEREAS, the Planning Commission adopted the following finding of fact:
Based on the March 26,2001 memorandum, we find that Urban Residential Mobile Home
(URM) lots are typically 50 feet wide or less; side yard setbacks in Improved Subdivision (IS)
are 10/15 feet; and a typical 28-foot wide (with overhangs) modular home cannot be constructed
with an entryway/porch (which is needed if the home is required to be elevated) on a lot less than
50 feet wide without a variance to Section 9.5-281; and that the following proposed amendment
to Section 9.5-281 is both logical and warranted.
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Initials
Sec. 9.5-281. Minimum yards.
Front Side Rear
Land Use District Yard Yard Yard
Land Use (ft.) (ft.) (ft.)
UrbaR ResideBtial Mobile Home:
Detached R~siaeBtial 10* 10/20* 10*
Mobile Homes 10* 10/20* 10*
Urban Residential Mobile Home:
Lots less than fifty (50) feet wide:
Detached Residential 10 5/10 10
Mobile Homes 10 5/10 10
Lots fifty (50) feet wide or greater:
Detached Residential 10 10/15 10
Mobile Homes 10 10/15 10
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding finding offact supports their decision to
recommend APPROVAL to the Monroe County Board of County Commissioners of the request
by the Monroe County Planning Department for amending Monroe County Code Section 9.5-
281 regarding the Urban Residential Mobile Home (URM) land use district;
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 25th day of April 2001.
CHAIR Mapes
Commissioner Coleman
Commissioner Hill
Commissioner Ritz
Commissioner Werling
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, CHAIR
Signed this
day of
, 2001.
Page 2 of2
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Initials
DEVELOPMENT REVIEW COMMITTEE RESOLUTION
D04-0 1
..f; .~. 'i0,;'t"~. l
e~
.~.... ...-
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D04-01
A RESOLUTION BY THE MONROE COUNTY
DEVELOPMENT REVIEW COMMITTEE RECOMMENDING
APPROVAL TO THE PLANNING COMMISSION OF THE
REQUEST BY THE PLANNING DEPARTMENT FOR
AMENDING MONROE COUNTY CODE SECTION 9.5-281
MINIMUM YARDS REGARDING THE URBAN
RESIDENTIAL MOBILE HOME (URM) LAND USE DISTRICT
WHEREAS, the Development Review Committee (DRC) ofMomoe County, Florida,
during a regular meeting held on AprilS, 2001, met to review the request by the Monroe County
Planning Department for an amendment to section 9.5-281; and
WHEREAS, the Development Review Committee reviewed the March 26, 2001
memorandum (staff report) prepared by Edward Koconis, AICP, Island Planning Team Director;
and
WHEREAS, based on the March 26, 2001 memorandum, the Development Review
Committee adopted the following finding offact:
Based on the March 26,2001 memorandum, we find that Urban Residential Mobile Home
(URM) lots are typically 50 feet wide or less; side yard setbacks in Improved Subdivision (IS)
are lOllS feet; and a typical 28-foot wide (with overhangs) modular home cannot be constructed
with an entryway/porch (which is needed if the home is required to be elevated) on a lot less than
50 feet wide without a variance to Section 9.5-281; and that the following proposed amendment
to Section 9.5-281 is both logical and warranted.
Sec. 9.5-281. Minimum yards.
Land Use District
Land Use
Front Side Rear
Yard Yard Yard
(ft.) (ft.) (ft.)
Urban. Residential Mobile Home:
Detached ResideBtial
Mobile Homes
10* 10/20* 10*
10* 10/20* 10*
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Initials 4
Urban Residential Mobile Home:
Lots less than fifty (50) feet wide:
Detached Residential 10 5/10 10
Mobile Homes 10 5/10 10
Lots fifty (50) feet wide or greater:
Detached Residential 10 10/15 10
Mobile Homes 10 10/15 10
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMfITEE OF MONROE COUNTY, FLORIDA, that the preceding finding offact
supports their decision to recommend APPROVAL to the Monroe County Planning
Commission of the request by the Monroe County Planning Department for amending Monroe
County Code Section 9.5-281 regarding the Urban Residential Mobile Home (URM) land use
district.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida
at a regular meeting held on the 5th day of April 2001.
Edward Koconis, AICP, Island Planning Team Director / DRC Chair
Martin Schultz, Senior Planner
Fred Gross, Island Planning Team Director
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by FAX)
Department of Public Works (by FAX)
Department of Engineering (by FAX)
YES
YES
YES
ABSENT
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By @)1 JJnn~ \\CJl&\~
Edward Koronis, AICP, RC Chair
Signed this ~ day of -.6f~" \ ' 2001.
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