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Item U1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 18. 2002 Division: Growth Management Bulk Item: Yes No-L Department: Planning AGENDA ITEM WORDING: Second of two public hearings to consider an amendment to the Momoe County Land Development Regulations proposing to amend Section 9.5-285 (APPLICABILITY OF REQUIRED YARDS TO BUFFER YARDS) to permit certain accessory uses and structures in the required rear yard setbacks of dry (non-waterfront) residential lots. ITEM BACKGROUND: The Board of County Commissioners recently adopted revised Environmental Standards in the LDR's. Section 9.5-349 will permit a percentage of the required shoreline setbacks to contain certain accessory uses and structures. The proposed amendment addresses the permitting of certain accessory uses and structures within the rear yard setbacks of dry lots. The principal structure is still required to be constructed outside the setback. Presently, however, the rear yard setback requirements on interior or dry residential lots do not permit any accessory uses or structures to be constructed in the setback area. Owners of dry lots have expressed the desire to have a similar ability to utilize their rear yards. Dry lots often take on a garden like appearance with fountains, ponds, sitting and dining areas, swimming pools, and play areas that are not commonly found on the boating related waterfront lots. In response to the differences, a unique set of regulations is required to permit owners of dry lots to utilize as much of their property as possible, yet recognize and be sensitive to the proximity of their rear neighbor. Both wet and dry lots will continue to have side and front yard requirements, which prohibit construction of any structures. However, staff agrees that more flexible regulations could be adopted that will provide an opportunity for the use of the rear yard of dry lots by the homeowner while maintaining a degree of privacy for the neighbor. At the regular meeting of the Development Review Committee on July 2,2002, the Committee reviewed the recommendations and statements of the Planning staff and recommended APPROVAL of the proposed text. At the regular meeting of the Momoe County Planning Commission on August 7, 2002, the Commission recommended APPROVAL of the proposed amendment to Section 9.5-285 of the Momoe County Code. PREVIOUS RELEV ANT BOARD ACTION: The Board of County Commissioners recently adopted revised Environmental Standards in the Land Development Regulations. The first public hearing for this item was August 21,2002. CONTRACT/AGREEMENT CHANGES: None STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A BUDGETED: N/A COST TO COUNTY:None REVENUE PRODUCING: N/A AMOUNT PER MONTH_ Year APPROVED BY: County Atty. 1L- Risk Management _ N/ A_ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow_ DISPOSITION: AGENDA ITEM # ~ \ "- ~~ PROPOSED TEXT AMENDMENT TO THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS Board of County Commissioners Marathon, Florida September 18/ 2002 PROPOSED LAND DEVELOPMENT REGULATIONS TEXT AMENDMENT PROPOSED TEXT AMENDMENT RECOMMENDATIONS Staff: Approval August 1, 2002 Staff Report DRC Approval July 2, 2002 Resolution #D 13-02 PC Approval August 7, 2002 August 21, 2002 Resolution #P51-02 SOCC First hearing DRAFT BOCC TEXT AMENDMENT ORDINANCE ORDINANCE NO. -2002 AN ORDINANCE AMENDING SECTION 9.5-285 (APPLICABILITY OF REQUIRED YARDS TO BUFFER-YARDS), MONROE COUNTY CODE TO PERMIT A PERCENTAGE OF THE REQUIRED DRY LOT SETBACKS TO CONTAIN CERTAIN ACCESSORY USES AND STRUCTURES; PROVIDING FOR THE SEVERABILITY; PROVIDING FOR THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE INCORPORATION INTO THE MONROE COUNTY CODE; DIRECTING THE CLERK OF THE BOARD TO FORWARD A CERTIFIED COPY OF THIS ORDINANCE TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 9.5-511 (d)(5)b of the Monroe County Code identifies six criteria for amending the land development regulations of which at least one must be met; and WHEREAS, the Board of County Commissioners recently adopted revised Environmental Standards in the County's Land Development Regulations; and WHEREAS, Section 9.5-349 will permit a percentage of the required shoreline setbacks to contain certain accessory uses and structures; and WHEREAS, the principal structure is still required to be constructed outside the setback; and WHEREAS, presently, the rear yard setback requirements on interior or dry residential lots do not permit any uses or accessory structures to be constructed in the setback area; and WHEREAS, owners of dry lots have expressed the desire to have a similar ability to utilize their rear yards; and WHEREAS, there is a need on dry lots to provide homeowners an increased opportunity to utilize their back yards while maintaining a degree of privacy for the neighbor; and WHEREAS, the proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and Page 1 of 4 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC ORD .doc WHEREAS, on July 2,2002, the Monroe County Development Review Committee held a duly advertised public hearing on this proposed amendment; and WHEREAS, on July 23, 2002, the Monroe County Planning Commission held a duly advertised public hearing on this proposed amendment and on August 7, 2002, the Commission held a second hearing on the amendment; and WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, The proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, the Monroe County Board of County Commissioners examined the proposed amendment to the Monroe County Code submitted by the Monroe County Planning Department; and WHEREAS, the Monroe County Board of County Commissioners held the two required public hearings on August 21,2002 and September 18, 2002; and WHEREAS, the Monroe County Board of County Commissioners hereby supports the decision of the Monroe County Planning Commission and the staff of the Monroe County Planning Department; and WHEREAS, it is the desire of the Monroe County Board of County Commissioners that the following amendment to the County Code be approved, adopted and transmitted to the state land-planning agency for approval. NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT Section 1. Chapter 9.5, Section 285 [Applicability of Required Yards To Buffer- yards], Monroe County Code, is hereby amended as follows: Sec. 9.5-285. Applicability of required yards to buffer yards. !ill When a buffer-yard is required under the provisions of division 11 of this article, compliance with the buffer-yards standards shall relieve the necessity of Page 2 of 4 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC ORD .doc complying with the yard provisions set forth in section 9.5-281 if such buffer-yard is greater than the applicable yard requirements. (Ord. No. 33-1986, 9 9-405) (b) All development shall be setback from shorelines as required in Sec. 9.5- 349. Compliance with the shoreline setback shall relieve the necessity of complyinQ with the yard provisions set forth in Section 9.5-281. (c) Rear yard requirements for residential dwellinqs that are not on the shoreline (dry lots) shall be as follows: (1) Accessory structures, as defined in Section 9.5-4(A-2), not exceedinq eiqhteen (18) inches in heiqht, are permitted within the required rear yard setback. (2) Accessory structures to a maximum of twelve (12) feet in heiqht shall be setback a minimum of ten (10) feet from the rear property line. (3) No use within the rear yard shall extend into the required side yard setbacks. (4) In no event shall the total combined area of all structures occupy more than 600/0 of the required rear yard setbacks. *Strike through text is deleted *Underlined text is new 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. All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of said conflict. Section 4. The provisions of this ordinance shall be included and incorporated in the Code of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be appropriately renumbered to conform to the uniform numbering system of the Code. Section 5. 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 Page 3 of 4 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC ORD .doc by the Department of Community Affairs or Administrative Commission approving the ordinance. Section 6. 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. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the day of A.D., 2002. Mayor Charles "Sonny" McCoy Mayor Pro Tem Dixie Spehar Commissioner Murray Nelson Commissioner George Neugent Commissioner Bert Jimenez BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY Mayor Charles "Sonny" McCoy _ (SEAL) ATTEST: DANNY KOHLAGE, CLERK DEPUTY CLERK Page 4 of 4 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC ORD .doc MEMORANDUM TO: Monroe County Board of County Commissioners FROM: Fred Gross, Director, Lower Keys Island Planning Team DATE: August 21,2002 RE: REVISIONS TO SECTION 9.5-285 I. BACKGROUND The Board of County Commissioners recently adopted revised Environmental Standards in the LOR's. Section 9.5-349 will permit a percentage of the required shoreline setbacks to contain certain accessory uses and structures. The proposed amendment addresses the permitting of certain accessory uses and structures within the rear yard setbacks of dry lots. The principal structure is still required to be constructed outside the setback. Presently, However, the rear yard setback requirements on interior or dry residential lots do not permit any uses or accessory structures to be constructed in the setback area. Owners of dry lots have expressed the desire to have a similar ability to utilize their rear yards. Dry lots often take on a garden like appearance with fountains, ponds, sitting and dining areas, swimming pools, and play areas that are not commonly found on the boating related waterfront lots. In response to the differences, a unique set of regulations is required to permit owners of dry lots to utilize as much of their property as possible, yet recognize and be sensitive to the proximity of their rear neighbor. Both wet and dry lots will continue to have side and front yard requirements, which prohibit construction of any structures. However, staff agrees that more flexible regulations could be adopted that will provide an opportunity for the use of the rear yard of dry lots by the homeowner while maintaining a degree of privacy for the neighbor. At the regular meeting of the Development Review Committee on July 2,2002, the Committee reviewed the recommendations and statements of the Planning staff and recommended approval of the proposed text. At the regular meeting of the Planning Commission on August 7,2002, the Commission voted recommend approval of the proposed text. On August 21,2002 the first of two hearings on this item was held. Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC Staff Report.doc II. ANALYSIS & FINDINGS OF FACT 1. Staff finds that there is a need on dry lots to provide homeowners an increased opportunity to utilize their back yards and maintain an acceptable level of privacy. 2. Staff finds that the proposed change is consistent with Section 9.5-511(d)(5) b. (iv) New Issues and (V) Recognition of a need for additional detail or comprehensiveness. 3. Staff finds that the proposed change is consistent with the goals of the Monroe County Year 2010 Comprehensive Plan. III. PROPOSED TEXT Sec. 9.5-285. Applicability of required yards to buffer yards. !El When a buffer-yard is required under the provisions of division 11 of this article, compliance with the buffer-yards standards shall relieve the necessity of complying with the yard provisions set forth in section 9.5-281 if such buffer-yard is greater than the applicable yard requirements. (Ord. No. 33-1986, 9 9-405) (b) All development shall be setback from shorelines as required in Sec. 9.5- 349. Compliance with the shoreline setback shall relieve the necessity of complyina with the yard provisions set forth in Section 9.5-281. (c) Rear yard requirements for residential dwellinas that are not on the shoreline (dry Lots) shall be as follows: (1) Accessory structures, as defined in Section 9.5-4(A-2), not exceedina eiahteen (18) inches in heiaht. are permitted within the required rear yard setback. (2) Accessory structures to a maximum of twelve (12) feet in heiqht shall be setback a minimum of ten (10) feet from the rear property line. (3) No use within the rear yard shall extend into the required side yard setbacks. (4) In no event shall the total combined area of all structures occupy more than 60% of the required rear yard setbacks. *Strike through taxtis delatod *Underlined text is new Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC Staff Report.doc IV. RECOMMENDATIONS Based on the Findings of Fact above, the Monroe County Planning Commission recommends APPROVAL of the proposed amendment to Section 9.5-285 of the Monroe County Code. Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\BOCC Staff Report.doc PLANNING COMMISSION RESOLUTION P 51-02 MONROE COUNTY, FLORIDA PLANNING COMMISSION RESOLUTION #P51-02 A RESOLUTION BY THE MONROE COUNTY PLANNING COMMISSION RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF SECTION 9.5-285 (APPLICABILITY OF REQUIRED YARDS TO BUFFER-YARDS) TO PERMIT A PERCENTAGE OF THE REQUIRED DRY LOT SETBACKS TO CONTAIN CERTAIN ACCESSORY USES AND STRUCTURES WHEREAS, the Board of County Commissioners recently adopted revised Environmental Standards in the County's Land Development Regulations; and WHEREAS, Section 9.5-349 will permit a percentage of the required shoreline setbacks to contain certain accessory uses and structures; and WHEREAS, the principal structure is still required to be constructed outside the setback; and WHEREAS, presently, the rear yard setback requirements on interior or dry residential lots do not permit any uses or accessory structures to be constructed in the setback area; and WHEREAS, owners of dry lots have expressed the desire to have a similar ability to utilize their rear yards; and WHEREAS, there is a need on dry lots to provide homeowners an increased opportunity to utilize their back yards while maintaining a degree of privacy for the neighbor; and WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, the proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan; and WHEREAS, on July 2, 2002, the Monroe County Development Review Committee held a duly advertised public hearing on this proposed amendment; and Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\PC Reso.doc WHEREAS, on July 23, 2002, the Monroe County Planning Commission held a duly advertised public hearing on this proposed amendment and on August 7,2002, the Commission held a second hearing on the amendment NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Board of County Commissioners of the following amendment to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: Sec. 9.5-285. Applicability of required yards to buffer yards. i.9.l When a buffer-yard is required under the provisions of division 11 of this article, compliance with the buffer-yards standards shall relieve the necessity of complying with the yard provisions set forth in section 9.5-281 if such buffer-yard is greater than the applicable yard requirements. (Ord. No. 33-1986,99-405) (b) All development shall be setback from shorelines as required in Sec. 9.5- 349. Compliance with the shoreline setback shall relieve the necessity of complyinq with the yard provisions set forth in Section 9.5-281. (c) Rear yard requirements for residential dwellinqs that are not on the shoreline (dry lots) shall be as follows: (1) Accessory structures. as defined in Section 9.5-4(A-2), not exceedinq eiqhteen (18) inches in heiqht. are permitted within the required rear yard setback. (2) Accessory structures to a maximum of twelve (12) feet in heiqht shall be setback a minimum of ten (10) feet from the rear property line. (3) No use within the rear yard shall extend into the reauired side yard setbacks. (4) In no event shall the total combined area of all structures OCCUPy more than 600/0 of the required rear yard setbacks. *Strike through text is delotod *Underlined text is new Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\PC Reso.doc _PASSED AND ADOPTED By the Planning Commission of Monroe County, Florida at a regular meeting held on the 21 st day of August, 2002. David C. Ritz, Chair Vice Chair Denise Werling Commissioner Jerry Coleman Commissioner P. Morgan Hill Commissioner Alicia Putney PLANNING COMMISSION OF MONROE COUNTY, FLORIDA By David C. Ritz, Chair Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\PC Reso.doc DEVELOPMENT REVIEW COMMITTEE RESOLUTION 013-02 MONROE COUNTY, FLORIDA DEVELOPMENT REVIEW COMMITTEE RESOLUTION #D13-02 A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW COMMITTEE RECOMMENDING APPROVAL TO THE MONROE COUNTY PLANNING COMMISSION OF THE REQUEST FILED BY THE MONROE COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE COUNTY LAND DEVELOPMENT REGULATIONS BY AMENDING THE TEXT OF SECTION 9.5-285 (APPLICABILITY OF REQUIRED YARDS TO BUFFER-YARDS) TO PERMIT A PERCENTAGE OF THE REQUIRED DRY LOT SETBACKS TO CONTAIN CERTAIN ACCESSORY USES AND STRUCTURES WHEREAS, the Board of County Commissioners recently adopted revised Environmental Standards in the County's Land Development Regulations; and WHEREAS, Section 9.5-349 will permit a percentage of the required shoreline setbacks to contain certain accessory uses and structures; and WHEREAS, the principal structure is still required to be constructed outside the setback; and WHEREAS, presently, the rear yard setback requirements on interior or dry residential lots do not permit any uses or accessory structures to be constructed in the setback area; and WHEREAS, owners of dry lots have expressed the desire to have a similar ability to utilize their rear yards; and WHEREAS, there is a need on dry lots to provide homeowners an increased opportunity to utilize their back yards while maintaining a degree of privacy for the neighbor; and WHEREAS, the proposed change is consistent with Section 9.5-511 (d)(5) b. (iv) New Issues and (v) Recognition of a need for additional detail or comprehensiveness; and WHEREAS, the proposed text amendment is consistent with the Monroe County Year 2010 Comprehensive Plan WHEREAS, on July 2, 2002, the Monroe County Development Review Committee held a duly advertised public meeting on this proposed amendment Page 1 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\DRC RESO D13-02.doc NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA, that the preceding findings of fact support their decision to recommend APPROVAL to the Monroe County Planning Commission of the following amendment to the text of the Monroe County Land Development Regulations as requested by the Monroe County Planning Department: Sec. 9.5-285. Applicability of required yards to buffer yards. @) When a buffer-yard is required under the provisions of division 11 of this article, compliance with the buffer-yards standards shall relieve the necessity of complying with the yard provisions set forth in section 9.5-281 if such buffer-yard is greater than the applicable yard requirements. (Ord. No. 33-1986, 9 9-405) (b) All development shall be setback from shorelines as required in Sec. 9.5- 349. Compliance with the shoreline setback shall relieve the necessity of complvinQ with the yard provisions set forth in Section 9.5-281. (c) Rear yard requirements for residential dwellinos that are not on the shoreline (dry lots) shall be as follows: (1) Accessory structures, as defined in Section 9.5-4(A-2), not exceedinQ eiohteen (18) inches in heioht. are permitted within the required rear yard setback. (2) Accessory structures to a maximum of twelve (12) feet in heioht shall be setback a minimum of ten (10) feet from the rear property line. (3) No use within the rear yard shall extend into the required side yard setbacks. (4) In no event shall the total combined area of all structures occupy more than 60% of the required rear yard setbacks. *Striko through toxt is doloted *Underlined text is new Page 2 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\DRC RESO D13-02.doc PASSED AND ADOPTED By the Development Review Committee of Monroe County, Florida at a regular meeting held on the 2nd day of July, 2002. Fred Gross, Director, Lower Keys Planning Team (Chair) Ralph Gouldy, Environmental Resources Senior Administrator Sean Matthews, Senior Policy Administrator Robert Will, Planner Maureen Meehan, Planner Department of Health (by fax) Department of Public Works (by fax) Department of Engineering (by fax) YES YES YES YES YES YES YES YES DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA By Fred Gross, DCR Chair Signed this day of July, 2002 Page 3 of 3 W:\Planning\Working Folders\Gross-Fred\Rear Yard Setback 9.5-285\DRC RESO D13-02.doc