Item R4BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 19 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 onroe Count
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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 to clarify from where
measurements are to be taken. Staff is asking for this item to be continued
ITEM BACKGROUND: Language regulating maximum height exists in both the Monroe Count y 2010
Comprehensive Plan and the Monroe County Code. Policy 10 1.4.24 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 waits 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. tn
PREVIOUS RELEVANT BOCC ACTION:
December 15, 2010 — BOCC continued this item to the January 19, 2011 BOCC Meeting.
At an earlier public hearing this year, 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.
CONTRACT/AGREEMENT CHANGES:
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STAFF RECOMMENDATIONS:
Staff recommends this item be continued to the February 16, 2011 BOCC meeting in Ivey Largo.
TOTAL COST: INDIRECT COST: BUDGETER: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE;
COST TO COUNTY:
REVENUE PRODUCING: Yes No
SOURCE OF FUNDS:
AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Management
DOCUMENTATION: Included Not Required x
DISPOSITION. AGENDA ITEM #