Item D1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 19, 2001
Division: Growth Mana~ement
Bulk Item: Yes
No X
Department: Planning
AGENDA ITEM WORDING: Public hearing on the request by the Board of County Commissioners to amend the text
of Section 9.5-309 of the Land Development Regulations.
ITEM BACKGROUND: On January 4, 2001 the Development Review Committee recommended approval to the
Planning Commission. On February 7, 2001 the Planning Commission recommended approval to the Board of County
Commissioners of a modified amendment. Proposed revisions to Section 9.5 -309 (fences) include:
· Allowing fences to a height of six feet in certain land use districts with certain provisions without a variance procedure
· Stating three feet as the maximum height for a fence located within a clear sight triangle and clarifying the requirements
thereof
· Adding a maintenance subsection
· Reorganizing the entire Section, including clarifications and revisions, which results in what staff believes is clearer and
easier to follow for the general public as well as staff
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT IAGREEMENT CHANGES: N/A
STAFF RECOMMENDATION: 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
Risk Management NI A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included X
To follow
ot Required
\~ DISPOSITION:
AGENDAITEM#:~.~ I
C:\TEMP\BOCC agl.doc
TEXT AMENDMENT
SECTION 9.5-309 FENCES
BOARD OF COUNTY COMMISSIONERS
HARVEY GOVERNMENT CENTER
APRIL 19,2001
ORDINANCE NO. -01
AN ORDINANCE AMENDING MONROE COUNTY CODE
SECTION 9.5-309 (FENCES); 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 April 19, 2001, conducted a review and consideration of the request for an
amendment to Section 9.5-309 (fences) of the Monroe County Code to allow fences to be higher
than four feet in rural areas and where unsafe conditions may exist for residents to feel safer; and
WHEREAS, planning staff has also revised Section 9.5-309 to include other changes as
well as reorganize the entire section; 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 P6-0I and DI8-00; and
WHEREAS, the Board of County Commissioners examined the proposed amendment to
Section 9.5-309 (fences) 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
Section 1.
Section 9.5-309 ofthe Monroe County Code is amended to read as follows:
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Sec. 9.5-309. Fences.
It is the purpose of this section to regulate fences and free-standing walls in order to protect
the public health, safety and welfare.
(a) Height: In general, all fences shall be measured from the highest point of any lot and
shall not exceed six (6) feet in height except as follows:
(1) No fence shall exceed four (4) feet in height within any front yard setback or within any
side yard setback when such a yard is adjacent to a public street, except as follows:
a. Within all land use districts, fences of five (5) feet in height may be permitted if
constructed of chain link;
b. Within land use districts DC, SC, I, MI, and AD, fences may be constructed to a
height of six (6) feet;
c. Within land use districts IS, SR, SR-L, SS and NA, fences may be constructed to
a height of six (6) feet provided that no other residentially developed property is
located within two hundred (200) feet of the subject property;
(2) No fence exceeding three (3) feet from the natural grade immediately adjacent to the
fence shall be located within a clear sight triangle as defined by this chapter consistent
with the requirements of bufferyards that interferes with the safe and adequate view of
vehicles and pedestrians utilizing streets and sidewalks;
(3) When it is necessary to use a fence to contain athletic activity, the fence may exceed six
(6) feet to a maximum of twelve (12) feet, and be designed not to impair visibility; and
such fences shall be subject to a minor conditional use approval.
(b) Setbacks: In general, fencing may be located anywhere on the property, including the
property line, except as follows:
(I) The use of a fence shall not negate bufferyard requirements and standards; however,
fences may be located within required bufferyards provided that they are located along
the inside or outside edge of the required bufferyard, and existing native vegetation
provides the cover in the required bufferyard. No clearing will be permitted to facilitate
the construction of fences located within a required bufferyard except as provided above;
(2) No fence shall be placed so as to extend into or through any wetlands or water bodies, or
extend beyond the mean high tide line on any property. Fences placed on any structure
shall not violate height requirements for that structure. In no event shall fences be
approved if they restrict fire and emergency access to individual or adjacent properties;
(3) Setback requirements for Big Pine and No Name Key are listed in Section 9.5-309 (c).
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(c) Big Pine and No Name Key: The purpose of this section is to recognize and provide for
the particular habitat needs of the Florida Key Deer (odocoileus virginianus clavium) on Big
Pine Key and No Name Key. Whereas Big Pine Key and No Name Key serve as the core area or
center of the Key Deer population, where the majority of the Key Deer population is located
during some part of each year; and whereas the Key Deer depends upon the ability to move
freely and safely throughout its range as well as the ability to have access to natural habitat for
the purposes of feeding, watering, resting, birthing, and other activities necessary to carry out its
life history; and, whereas the concentration of development and human activity on Big Pine Key
and No Name Key have the greatest effect on the short and long term survival of the Key deer, it
is hereby the intent of this section to limit fences on Big Pine Key and no Name Key so that deer
movement throughout Big Pine Key and No Name Key is not hindered while allowing for
reasonable use of minimal fencing for the purposes of safety and protection of property. In
addition to all other standards set forth in this section, all fences located on Big Pine Key and No
Name Key shall meet the standards of this subsection as listed below:
(1) In the Improved Subdivision (IS) land use district, fences shall be set back as follows:
a. On canal lots, fences shall be set back at least fifteen (15) feet from the edge of
abutting street rights-of-way; and built to the edge of all other property lines or as
approved through a U.S. Fish & Wildlife Service coordination letter;
b. On all other lots, fences shall be set back at least fifteen (15) feet from the edge of
abutting streets rights-of-way, at least five (5) feet from side property lines and at
least ten (10) feet from the rear property line.
(2) In all other land use districts, fences may enclose up to a maximum of and not to exceed
the net buildable area of the parcel only;
(3) Enclosure of the freshwater wetlands by fences is prohibited;
(4) All fences shall be designed and located such that Key deer access to native habitat,
including pinelands, hammocks, beach berms, saltmarshes, buttonwoods and mangroves
is maintained wherever possible;
(5) All fences shall be designed and located such that Key Deer corridors, as identified by the
U. S. Fish and Wildlife Service, shall be maintained;
(6) Fences shall not be permitted without a principal use except where the enclosed area
consists of disturbed lands or disturbed land with exotics.
(d) Use: Fences may be allowed as accessory uses within any land use district and without a
principal use existent where upland security is required as otherwise permitted in Section 9.5-
288.
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(e) Construction Material: Fences may be constructed of natural or manmade materials,
including but not limited to brick, lumber, stone, metal, plastic, concrete and masonry:
(1) All materials shall be approved by the planning director as in conformance with the
visual character of the surrounding neighborhood and community character.
(2) No barbed or razor wire shall be permitted except in the Industrial (I) and Airport (AD)
districts with the approval of the planning director.
(f) Attachments to Fences: No attachments to fences shall be allowed, including but not
limited to, banded and ribbon wire, signs projecting above six (6) feet from the ground level,
broken glass or metal strips except as a minor conditional use approval. The only exception shall
be a maximum of two (2) electrical lights attached to the fence not exceeding two (2) feet in
height above the maximum height limit. These lights shall comply with all requirements of
division 12 (outdoor lighting) and be permitted as of right.
(g) Required Permit: All fences shall be constructed pursuant to a building permit issued by
the Monroe County Building Department.
(h) Limited clearing: To allow construction of protective fences and gates, limited clearing
may be permitted if the following design standards have been met:
(1) Such limited clearing does not occur in scenic highway corridors established and adopted
in this chapter;
(2) Limited clearing shall not remove native vegetation that would provide for the minimum
buffer required in division 11, section 9.5-375, of this article;
(3) Existing tree canopies within hardwood and pineland hammocks are not removed.
(i) Maintenance: All fences shall be maintained in good repair at all times.
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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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
APIjROVJID AS TO FpRM
, ANlj' LEGAL sUFPfCIENC~ .
<' {I ,/...-- J
BY I . L..:.." -- '- ,
~ Attorney's Office
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Initial
Memorandum
To:
Board of County Commissioners
From:
K. Marlene Conaway, Director of Planning
Date:
March 7, 200 I
SUBJECT: REVISIONS TO SECTION 9.5-309 FENCES INCLUDING PROPOSED
CHANGES FROM THE JANUARY 24, 2001 PLANNING COMMISSION MEETING
MEETING DATE: April 19, 2001
I. BACKGROUND:
At a regular meeting of the Monroe County Board of County Commissioners on October 19,
2000, then Commissioner Harvey discussed an amendment to Section 9.5-309 to allow fences to
be higher than four feet in rural areas and where unsafe living conditions may exist for residents
to feel safer. This item was referred to Growth Management Staff.
Revised changes to Section 9.5-309 include:
. Allowing fences to a height of six (6) feet in certain land use districts with certain provisions
without a variance procedure,
. Stating three (3) feet as the maximum height for a fence located within a clear sight triangle
and clarifying the requirements thereof,
. Clarifying U.S. Fish & Wildlife coordination on canal lots on Big Pine Key and No Name
Key,
. Adding a maintenance subsection; and
. Reorganizing the entire section, including clarifications and revisions, which results in what
staff believes is clearer and easier to follow for the general public as well as staff.
After the Planning Commission recommended approval, staff proposed an additional two
changes, those being:
. Allowing barbed or razor wire in the Airport (AD) district; and
. Allowing a maximum of two electrical lights on a fence as attachments.
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II. ANALYSIS:
The Sub Urban Residential (SR), Sub Urban Residential - Limited (SR-L), and Sparsely Settled
Residential (SS) land use districts correspond with the Residential Low (RL) Future Land Use
Map (FLUM) Category. Native (NA) zoning corresponds with the Residential Conservation
(RC) FLUM category. These zoning districts can therefore be classified as "rural". Certain
areas in the Improved Subdivision (IS) land use district, which corresponds with the Residential
Medium (RM) FLUM category, can also be considered "rural" provided that no other
residentially developed property is located within 200 feet of the subject property.
A height of three (3) feet is a planning profession standard for clear sight triangles. The logic is
that persons walking, bicycling, cycling, or seated in an automobile have a line of sight above
three (3) feet.
Fence requirements for canal lots on Big Pine and No Name Keys were written specifically to
protect the Key Deer. However, after speaking with both U.S. Fish & Wildlife staff and County
biologists, staff recommends the proposed change because it will protect the Key Deer while
giving residents more flexibility in fence location.
Allowing barbed or razor wire in the Airport (AD) district pursuant to Federal Communications
Commission (FCC) regulations.
Allowing a maximum of two electrical lights on a fence as attachments will allow residents to
place lights at gate openings.
Adding a maintenance section will require owners to keep their fences in good repair, thereby
increasing aesthetics and safety.
Reorganizing the section will result in clearer and easier to understand fence regulations.
III. FINDINGS OF FACT:
1. Based on the rationale of the request by the Board of County Commissioners at their
October 19,2000 meeting, Staff finds that there is a need in rural areas and where unsafe
living conditions may exist for residents to feel safer for an amendment to Section 9.5-
309 that would allow for an increase in the height of fences located within the front yard
setback.
2. Based on the Monroe County Code, Staff finds that the proposed changes are consistent
with Section 9.5-511(d)(5)b. (iv) New issues and (v) Recognition ofa need for additional
detail or comprehensiveness.
3. Based on the Monroe County Year 2010 Comprehensive Plan, Staff finds that the
proposed changes are consistent with its goals.
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4. Based on a conversation with the Monroe County Sheriff s Office and Goal 101 of the
Monroe County 2010 Comprehensive Plan which includes ensuring the safety of County
residents and visitors, Staff finds that any additional height over what can currently be
permitted (four feet for opaque fences) creates a decrease in safety and that the opacity
appears greater when traveling due to speed, including the fact that a law officer's view
of the property to protect the community would be severely limited and in most cases
eliminated. However, staff finds that hedges are currently allowed to exceed six feet in
height which often severely limits visibility and the Planning Commission, at their
January 24, 2001 meeting, stated that the visual impact of a fence versus a vegetative
buffer/hedge is subjective in nature which justifies the proposed increase in maximum
fence height.
5. Based on the principle that "unsafe living conditions" is subjective, staff finds that the
proposed changes are in the best interest of improving public safety in rural areas.
IV. RECOMMENDATION:
Based on the Findings of Fact above, the Planning Department recommends APPROVAL of the
proposed changes to Section 9.5-309 ofthe Monroe County Code.
Page 3 of3
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PLANNING COMMISSION
RESOLUTION NO. P6-01
RESOLUTION NO. P6-01
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMlvnSSION RECOMMENDING APPRO V AL OF THE REQUEST
BY THE BOARD OF COUNTY COMlvnSSIONERS FOR AN
AMENDMENT TO SECTION 9.5-309 OF THE MONROE COUNTY
CODE
WHEREAS, during regular meetings held on January 24, 2001 and February 7, 2001 the
Monroe County Planning Commission conducted a public hearing on the request filed by the
Board of County Commissioners for an amendment to Section 9.5-309 of the Monroe County
Code to allow fences to be higher than four feet in rural areas and where unsafe conditions may
exist for residents to feel safer; and
WHEREAS, planning staff has also revised Section 9.5-309 to include other changes as
well as reorganize the entire section; 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. Staff report prepared by Edward Koconis, AICP, Island Planning Team Director, dated
January 19,2001 and revised on January 24, 2001; and the proposed changes to Section 9.5-
309 (Exhibit 1); and
2. The sworn testimony of the Growth Management Staff; and
3. Comments by the public; and
WHEREAS, the Planning Commission has made the following Findings of Fact and
Conclusions of Law based on the evidence presented:
1. Based on the rationale of the request by the Board of County Commissioners at their October
19, 2000 meeting, we find that there is a need in rural areas and where unsafe living
conditions may exist for residents to feel safer and for an amendment to Section 9.5-309 that
would allow for an increase in the height of fences located in the front yard setback.
Page 1 of 2
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2. Based on the Monroe County Code, we find that the proposed changes are consistent with
Section 9.5-511(d)(5)b. (iv) New issues and (v) Recognition of a need for additional detail or
comprehensiveness.
3. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed
changes are consistent with its goals.
4. Based on the principle that "unsafe living conditions" is subjective, we find that the proposed
changes are in the best interest of improving public safety in rural areas. NOW
THEREFORE;
BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE
COUNTY, FLORIDA, that the preceding Findings of Fact and Conclusions of Law support
their decision to recommend APPROV AL to the Board of County Commissioners the request by
the Board of County Commissioners for an amendment to Section 9.5-309 of the Monroe County
Code to allow fences to be higher than four feet in rural areas and where unsafe conditions may
exist for residents to feel safer;
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a
regular meeting held on the 7th day of February, 2001.
Chair Mapes
Commissioner Coleman
Commissioner Hill
Commissioner Marr
Commissioner Werling
yes
yes
yes
yes
yes
Signed this J.fS"!+'- day of !;:bvu.( j ,2001
By
L~l a~:: M ro FO~
AND LEG^t ~~~IEN7Y
BY '\ " '/ /A' -::11
/ AIIomey's 0ftiC0
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EXHIBIT 1
Sec. 9.5-309. Fences.
It is the purpose of this section to regulate fences and free-standing walls in order to protect the public
health, safety and welfare.
(a) Height: In general, all fences shall be measured from the highest point of any lot and shall not
exceed six (6) feet in height except as follows:
ill No fence shall exceed four (4) feet in height within any front yard setback or within
any side yard setback when such a yard is adjacent to a public street, except as follows:
(a) Within all land use districts, fences of five (5) feet in height may be
permitted if constructed of chain link;
(b) Within land use districts ve, se, I, MI, and AD, fences may be
constructed to a height of six (6) feet;
(c) Within land use districts IS, SR, SR-L, SS and NA, fences may be
constructed to a height of six (6) feet provided that no other residentially
developed property is located within two hundred (200) feet of the
subject property;
(2) No fence exceeding three (3) feet from the natural grade immediately adjacent to the
fence shall be located within a clear sight triangle as defined by this chapter consistent
with the requirements of bufferyards that interferes with the safe and adequate view of
vehicles and pedestrians utilizing streets and sidewalks;
(3) When it is necessary to use a fence to contain athletic activity, the fence may exceed
six (6) feet to a maximum of twelve (12) feet, and be designed not to impair visibility;
and such fences shall be subject to a minor conditional use approval.
Page 1 of 4
~
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(b) Setbacks: In general, fencing may be located anywhere on the property, including the property
line, except as follows:
(1) The use of a fence shall not negate bufferyard requirements and standards; however,
fences may be located within required bufferyards provided that they are located along
the inside or outside edge of the required bufferyard, and existing native vegetation
provides the cover in the required bufferyard. No clearing will be permitted to
facilitate the construction of fences located within a required bufferyard except as
provided above;
(2) No fence shall be placed so as to extend into or through any wetlands or water bodies,
or extend beyond the mean high tide line on any property. Fences placed on any
structure shall not violate height requirements for that structure. In no event shall
fences be approved if they restrict fire and emergency access to individual or adjacent
properties;
(3) Setback requirements for Big Pine and No Name Key are listed in Section 9.5-309 (c).
(c) Big Pine and No Name Key: The purpose of this section is to recognize and provide for the
particular habitat needs of the Florida Key Deer (odocoileus virginianus clavium) on Big Pine Key
and No Name Key. Whereas Big Pine Key and No Name Key serve as the core area or center of
the Key Deer population, where the majority of the Key Deer population is located during some
part of each year; and whereas the Key Deer depends upon the ability to move freely and safely
throughout its range as well as the ability to have access to natural habitat for the purposes of
feeding, watering, resting, birthing, and other activities necessary to carry out its life history; and,
whereas the concentration of development and human activity on Big Pine Key and No Name Key
have the greatest effect on the short and long term survival of the Key deer, it is ;hereby the intent
of this section to limit fences on Big Pine Key and no Name Key so that deer movement
throughout Big Pine Key and No Name Key is not hindered while allowing for reasonable use of
minimal fencing for the purpose of safety and protection of property. In addition to all other
Page 2 of 4
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standards set forth in this section, all fences located on Big Pine Key and No Name Key shall meet
the standards of this subsection as listed below:
(1) In the Improved Subdivision (IS) land use district, fences shall be set back as follows:
(a) On canal lots, fences shall be set back at least fifteen (15) feet from the edge of
abutting street rights-of-way; and built to the edge of all other property lines or
as approved through a U.S. Fish & Wildlife coordination letter;
(b) On all other lots, fences shall be set back at least fifteen (15) feet from the edge
of abutting streets rights-of-way, at least five (5) feet from side property lines
and at least ten (10) feet from the rear property line;
(2) In all other land use districts, fences may enclose up to a maximum of and not to
exceed the net buildable area of the parcel only;
(3) Enclosure of the freshwater wetlands by fences is prohibited;
(4) All fences shall be designed and located such that Key deer access to native habitat,
including pinelands, hammocks, beach berms, saltmarshes, buttonwoods and
mangroves is maintained wherever possible;
(5) All fences shall be designed and located such that Key Deer corridors, as identified by
the U. S. Fish and Wildlife Service, shall be maintained;
(6) Fences shall not be permitted without a principal use except where the enclosed area
consists of disturbed lands or disturbed land with exotics.
(d) Use: Fences may be allowed as accessory uses within any land use district and without a principal
use existent where upland security is required as otherwise permitted in Section 9.5-288.
Page 3 of 4
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(e) Construction Material: Fences may be constructed of natural or manmade materials, including
but not limited to brick, lumber, stone, metal, plastic, concrete and masonry:
(1) All materials shall be approved by the planning director as in conformance with the
visual character of the surrounding neighborhood and community character.
(2) No barbed or razor wire shall be permitted except in the industrial district with the
approval of the planning director.
(0 Attachments to Fences: No attachments to fences shall be allowed, including but not limited to,
banded and ribbon wire, signs projecting above six (6) feet from the ground level, broken glass or
metal strips except as a minor conditional use approval.
(g) Required Permit: All fences shall be constructed pursuant to a building permit issued by the
Monroe County Building Department.
(h) Limited clearing: To allow construction of protective fences and gates, limited clearing may be
permitted if the following design standards have been met:
(1) Such limited clearing does not oc,cur in scenic highway corridors established and
adopted in this chapter;
(2) Limited clearing shall not remove native vegetation that would provide for the
minimum buffer required in division 11, section 9.5-375, of this article;
(3) Existing tree canopies within hardwood and pineland hammocks are not removed.
(i) Maintenance: All fences shall be maintained in good repair at all times.
Page 4 of 4
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DRC RESOLUTION NO. D18-00
RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITIEE RECOMMENDING APPROV AL TO THE MONROE
COUNTY PLANNING COMMISSION OF THE REQUEST BY THE
MONROE COUNTY PLANNING DEPARTMENT FOR AN AMENDMENT
TO: THE MAXIMUM FENCE HEIGHT CRITERIA IN THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS SECTION 9.5-309(a)
WHEREAS, THE Monroe County Development Review Committee during a regular meeting
held on January 4,2001, conducted a review and consideration of an amendment to Section 9.5-
309(a) of the Monroe County Land Development Regulations to increase the maximum
allowable front fence height in certain residential districts; and
WHEREAS, the Development Review Committee examined the following information:
1. The staff report prepared by Tom Kizis, Planner, dated December 5, 2000; and
2. Comments made by members of the public and the Development Review Committee; and
WHEREAS, the Development Review Committee made the following Findings of Fact
and Conclusions of Law:
1. Based on a request by the Monroe County Board of Commissioners at their October 10, 2000
meeting, staff finds that there is a need in the rural areas of Monroe County, where unsafe
conditions may exist, for a variance procedure that would allow for an increase in front yard
fence height.
2. Based on the Monroe County Code, staff finds that the proposed text amendment is consistent
with Section 9.5-511 of the Monroe County Land Development Regulations.
3. Based on the Monroe County Land Development Regulations, staff finds that the proposed
text amendment is consistent with its purpose.
4. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the proposed
text amendment is consistent with and will further its goals.
5. Based on a conversation with the Monroe County Sheriffs Department, staff finds that 4ft
any additional height over the existing height permitted creates a decrease in safety and that
the amount of opaqueness appears greater when traveling due to speed, including the fact that
a law officer's view of the property to protect the community would be severely limited and in
most cases eliminated.
Fence Height LOR Revision
Page I of2
Initials Z t
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMIITEE OF MONROE COUNTY, FLORIDA, that the preceding Findings of Fact and
Conclusions of Law, support the decision to recommend APPROV AL to the Monroe County
Planning Commission of the request filed by the Monroe County Planning Department for an
amendment to Section 9.5-309(a) of the Monroe County Land Use Regulations adding a variance
to allow maximum front fence height of six (6) feet in Sub Urban Residential, Sub Urban
Residential Limited, Sparsely Settled, Native Area and Improved Subdivision land use districts.
PASSED AND ADOPTED by the Development Review Committee of Monroe County, Florida
at a regular meeting held on the 4th day of January 2001.
Ed Koconis, AICP, Island Planning Team Director, DRC Chair
Tom Kizis, Planner
Ralph Gouldy, Environmental Resources Senior Administrator
Department of Health (by fax)
Department of Public Works (by fax)
Department of Engineering (by fax)
NO
YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY
By 9~1)1~A t\C@nt'J
Edward Koconis, Chair
\D~ '- ......-I
Signed this _ day of ,-'r:Y\l,f~
, ~OO 1.
Fence Height LOR Revision
Page 2 of2N
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