Item P1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: February 16, 2011 Division: Growth Management
Bulk Item: Yes _ No X Department: Planning & Environmental Resources
Staff Contact Person/Phone #: Christine Hurley — 289 -2500
Joseph Haberman - 289 -2532
AGENDA ITEM WORDING:
A public hearing to consider an Ordinance by the BOCC amending Monroe County Code Section 101 -1, Definitions, and
Section 130 -187, Maximum Height, to provide consistency between regulations regarding height in the land development
code and policies regarding height in the comprehensive plan and to provide consistency between the definitions of
height and grade in the land development code.
ITEM BACKGROUND:
The BOCC directed staff to amend the Monroe County Code to remove the language allowing hotel and affordable
housing structures to be constructed at heights greater than 35 feet in order to be consistent with the 2010 Comprehensive
Plan and to eliminate an inconsistency in the Monroe County Code of where the height measurement is taken.
Language regulating maximum height exists in both the Monroe County 2010 Comprehensive Plan and the Monroe
County Code. Policy 101.4.24 of the comprehensive plan and §130 -187 of the code are in conflict, as §130 -187 allows
hotel or affordable housing structures to be constructed at heights greater than 35 feet. As policies within the 2010
Comprehensive Plan supersede the regulations of the Monroe County Code, staff is proposing to amend the text of § 130-
187 in order to be consistent with the superseding Policy 101.4.24.
Of relevance on how to measure maximum height, there are the definitions of height and grade as defined in Section 101-
1 of the Monroe County Code. The definition of grade is in conflict with the definition of height, as height is measured
from vertical distance between average grade of the site, yet the definition of grade states that measurements should be
undertaken from the highest natural elevation of the ground surface, prior to construction, next to the proposed walls of a
structure, or the crown or curb of the nearest road, whichever is higher. Removal of the term "average" from the
definition of height resolves this conflict.
Policy 101.4.24 provides language concerning exceptions to the maximum height standard. The definition of height with
Section 101 -1 also provides language concerning exceptions; however, the exceptions are not addressed or provided in
Section 130 -187. Duplicating the exception language into Section 130 -87 from the definition of height would resolve
this issue and conflict.
At the December 15, 2010 a public hearing was held to consider this ordinance. There was discussion concerning the
method for confirming the existing grade and staff was directed to address this issued.
PREVIOUS RELEVANT BOCC ACTION:
December 15, 2010 - BOCC public hearing continued to January 19, 2011 meeting.
January 19, 2011 - BOCC public hearing continued to February 16, 2011 meeting.
CONTRACT /AGREEMENT CHANGES: n/a
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: INDIRECT COST: _
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
BUDGETED: Yes No
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY PLANNING & E NVIRONMENTAL RESOURCES DEPARTMENT
We strive to be caring, professional and fair
To: Monroe County Board of County Commissioners
Through: Christine Hurley, AICP, Director of Growth Management
Townsley Schwab, Senior Director of Planning & Environmental Resources
From: Joseph Haberman, AICP, Planning & Development Review Manager
Date: February 1, 2011
Subject: AN ORDINANCE BY THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS AMENDING MONROE COUNTY CODE SECTION 101 -1,
DEFINITIONS, AND SECTION 130 -187, MAXIMUM HEIGHT, PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING HEIGHT IN THE
LAND DEVELOPMENT CODE AND POLICIES REGARDING HEIGHT IN THE
COMPREHENSIVE PLAN, PROVIDING CONSISTENCY BETWEEN THE
DEFINITIONS OF HEIGHT AND GRADE IN THE LAND DEVELOPMENT
CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR TRANSMITTAL TO THE
DEPARTMENT OF COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE, PROVIDING FOR CODIFICATION, PROVIDING FOR AN
EFFECTIVE DATE.
Meeting: February 16, 2011 (continued from December 15, 2010)
2 I REQUEST
3
4 The Planning & Environmental Resources Department is proposing amendments to the text
5 of §101 -1 and §130 -187 of the Monroe County Code, which concerns the County's
6 maximum height regulations.
7
8 NOTE: At the December 2010 BOCC meeting, there was discussion concerning whether or
9 not the existing language adequately addresses how county staff should confirm existing
10 grade. The item was continued to provide time to make such revisions. Staff has proposed
11 additional language within the proposed text amendment to address this issue.
12
13 II RELEVANT PRIOR COUNTY ACTIONS AND BACKGROUND INFORMATION:
14
15 Language regulating maximum height exists in both the Monroe County 2010
16 Comprehensive Plan and the Monroe County Land Development Code.
17
18
19
Page 1 of 4
1 III REVIEW
2
3 Policy 10 1.4.24 of the Monroe County 2010 Comprehensive Plan and currently reads:
4
5 In order to preserve the existing community character and natural environment, Monroe
6 County shall limit the height of structures including landfills to 35 feet. Exceptions will
7 be allowed for appurtenances to buildings, transmission towers and other similar
8 structures.
9
10 §130 -187 of the Monroe County Code currently reads:
11
12 No structure or building shall be developed that exceeds a maximum height of 35 feet.
13 Notwithstanding the provisions of this section, any hotel or affordable housing unit may
14 be developed to a height of three stories over parking or a maximum of 44 feet,
15 whichever is lower, measured from grade level, if constructed to meet wind load
16 resistances of 150 miles per hour and a binding commitment is signed that such facilities
17 will be used as official hurricane shelters in accordance with specifications of the county
18 department of civil defense. Affordable housing structures exceeding 35 feet in height
19 must be allocated proportionately to low- and moderate - income households according to
20 identified demand.
21
22 Policy 101.4.24 and §130 -187 are in conflict, as §130 -187 allows hotel or affordable housing
23 structures to be constructed at heights greater than 35 feet. As policies within the Monroe
24 County Year 2010 Comprehensive Plan supersede the regulations of the Monroe County
25 Code, staff is proposing to amend the text of §130 -187 in order to be consistent with the
26 superseding Policy 101.4.24.
27
28 Of relevance on how to measure maximum height, there are the definitions of height and
29 grade as set forth in §101 -1 of the Monroe County Code:
30
31 Height is defined as "the vertical distance between average grade and the highest part of
32 any structure, including mechanical equipment, but excluding chimneys, spires and
33 steeples on structures used for institutional and public uses only, radio or television
34 antenna, flagpoles, solar apparatus, and utility poles. However, in no event shall any of
35 the exclusions enumerated in this section be construed to permit any habitable or usable
36 space to exceed the applicable height limitations. In the case of airport districts, the
37 height limitations therein shall be absolute and the exclusions enumerated in this section
38 shall not apply."
39
40 Grade is defined as "the highest natural elevation of the ground surface, prior to
41 construction, next to the proposed walls of a structure, or the crown or curb of the nearest
42 road, whichever is higher."
43
44 The definition of grade is in conflict with the definition of height, as height is measured from
45 vertical distance between average grade, yet the definition of grade states that measurements
46 should be undertaken from the highest natural elevation of the ground surface, prior to
Page 2 of 4
1 construction, next to the proposed walls of a structure, or the crown or curb of the nearest
2 road, whichever is higher. Removal of the term "average" from the definition of height
3 would resolve this conflict.
4
5 In, addition as Policy 101.4.24 provides the following language concerning exceptions to the
6 maximum height standard: "Exceptions will be allowed for appurtenances to buildings,
7 transmission towers and other similar structures." The definition of height with §101-1 also
8 provides language concerning exceptions: "...excluding chimneys, spires and steeples on
9 structures used for institutional and public uses only, radio or television antenna, flagpoles,
10 solar apparatus, and utility poles." However, the exceptions are not addressed or provided in
11 §130 -187.
12
13 This creates some confusion as it is not obvious to a person to refer to the definition of height
14 in another section of the Land Development Code to find what exceptions would be allowed.
15 Further, there is a conflict between regulations as §130 -187 does not provide any written
16 exceptions. It could be interpreted that most restrictive section of code applies and therefore
17 there are no exceptions, which was not intended by the superseding Policy 101.4.24.
18 Duplicating or moving the exception language from the definition of height would resolve
19 this issue and conflict.
Page 3 of 4
Page 4 of 4
AN ORDINANCE BY THE MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS AMENDING MONROE
COUNTY CODE SECTION 101 -1, DEFINITIONS, AND
SECTION 130 -187, MAXIMUM HEIGHT; PROVIDING
CONSISTENCY BETWEEN REGULATIONS REGARDING
HEIGHT IN THE LAND DEVELOPMENT CODE AND
POLICIES REGARDING HEIGHT IN THE
COMPREHENSIVE PLAN; PROVIDING CONSISTENCY
BETWEEN THE DEFINITIONS OF HEIGHT AND GRADE
IN THE LAND DEVELOPMENT CODE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR
TRANSMITTAL TO THE DEPARTMENT OF
COMMUNITY AFFAIRS AND THE SECRETARY OF
STATE; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, language regulating maximum height exists in both the Monroe County
2010 Comprehensive Plan and the Monroe County Code, as set forth in Policy 101.4.24
of the Monroe County Year 2010 Comprehensive Plan and Sections 130 -187 and 101 -1
of the Monroe County Code; and
WHEREAS, Policy 101.4.24 and Section 130 -187 are in conflict, as Section 130 -187
allows hotel or affordable housing structures to be constructed at heights greater than 35
feet. As policies within the Monroe County Year 2010 Comprehensive Plan supersede
the regulations of the Monroe County Code, staff proposed to amend the text of Section
130 -187 in order to be consistent with the superseding Policy 101.4.24; and
WHEREAS, of relevance on how to measure maximum height, there are the definitions
of height and grade as defined in Section 101 -1 of the Monroe County Code; and
WHEREAS, the definition of grade is in conflict with the definition of height, as height
is measured from vertical distance between average grade, yet the definition of grade
states that measurements should be undertaken from the highest natural elevation of the
ground surface, prior to construction, next to the proposed walls of a structure, or the
crown or curb of the nearest road, whichever is higher. Removal of the term "average"
from the definition of height resolves this conflict; and
WHEREAS, Policy 101.4.24 provides language concerning exceptions to the maximum
height standard. The definition of height with Section 101 -1 also provides language
concerning exceptions; however, the exceptions are not addressed or provided in Section
130 -187. Duplicating the exception language into Section 130 -87 from the definition of
height would resolve this issue and conflict; and
WHEREAS, the existing language within the definition of grade does not adequately
addresses how county staff should confirm existing grade; and
WHEREAS, this ordinance shall apply to any permit, development order or other
development approval application submitted after effective date.
NOW, THEREFORE, BE IT ORDAINED BY THE MONROE COUNTY BOARD
OF COUNTY COMMISSIONERS:
Section 1. Section 130 -187 shall be amended as follows (deletions area
and additions are underlined)
Sec. 130 -187. - Maximum height.
No structure or building shall be developed that exceeds a maximum
height of 35 feet. Exceptions will be allowed for chimneys; spires and/or
steeples on structures used for institutional and/or public uses only, radio .
and/or television antenna; flagpoles; solar apparatus; utility poles and/or
transmission towers; and certain antenna supporting structures with
attached antenna and/or collocations as permitted in chapter 146. However,
in no event shall any of the exclusions enumerated in this section be
construed to permit any habitable or usable space to exceed the maximum
height limitation. In the case of airport districts, the height limitations
therein shall be absolute and the exclusions enumerated in this section
shall not apply.
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Section 2. Section 101 -1 shall be amended as follows (deletions are s#iekea Offe and
additions are underlined changes from December 15, 2010 BOCC meeting are double
underlined)
Sec. 101 -1. — Definitions.
Grade means the highest natural elevation of the ground surface, prior to
construction, next to the proposed walls of a structure, or the crown or
curb of the nearest road directly
adiacent to the structure whichever is
higher.
To confirm the natural
elevation of the around surface the
County
hall utilize
the Light Detection
and Ranging (LiDAR) dataset for
Monroe
County
prepared in 2007
In the event 2007 LiDAR data is not
available
for a given
parcel the County
shall use the best available data.
including,
but not
limited to, pre - construction
boundary surveys with elevations.
pre -
construction
topographic
surveys. elevation certificates and/or
other
optical remote sees
Height is defined as "the vertical distance between a*er -age grade and the
highest part of any structure, including mechanical equipment, but
excluding chimneys,;I spires and/or steeples on structures used for
institutional and/or public uses only,; radio and/ television antenna,
flagpoles-,I solar apparatus,;I e d utility poles and/or transmission towers;
and certain antenna supporting structures with attached antenna and/or
collocations as permitted in chapter 146 However, in no event shall any of
the exclusions enumerated in this section be construed to permit any
habitable or usable space to exceed the applicable height limitations. In the
case of airport districts, the height limitations therein shall be absolute and
the exclusions enumerated in this section shall not apply.
Section 3. 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 4. 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 5. Transmittal.
This ordinance shall be transmitted by the Planning and Environmental Resources
Department to the Florida Department of Community Affairs as required by F.S. 380.05
(11) and F.S. 380.0552(9).
Section 6. Filing.
This ordinance shall be filed in the Office of the Secretary of the State of Florida but shall
not become effective until a notice is issued by the Department of Community Affairs or
Administration Commission approving the ordinance.
Section 7. 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.
Section 8. Effective Date.
This ordinance shall become effective as provided by law and stated above. This
ordinance applies to any permit, and or other development approval application submitted
after the effective date.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the day of . 2011.
Mayor Heather Carruthers
Mayor pro tem David Rice
Commissioner Kim Wigington
Commissioner George Neugent
Commissioner Sylvia Murphy
MONROE COUNTY BOARD OF COUNTY COMIVIISSIONERS
Attest: DANNY L. KOLHAGE, CLERK
By By
Deputy Clerk
Mayor Heather Carruthers
MONROE COUNTY A RNEY
APPROV ° AS TO FOAM:
SUSAN M. G I . SLEY
ASSISTANT COUNT? ATTORNEY
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