Item E2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 17. 2002
Division: Growth Management
Bulk Item: Yes
No ---X-
Department: Planning
AGENDA ITEM WORDING: A public hearing to consider proposed revisions to Section 9.5-309 of the Monroe County
Code, which will allow fences to a height of six (6) feet on Stock Island and on Key Haven.
ITEM BACKGROUND: Section 9.5-309 (a) Height (1) states" 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...". At the request of the
Monroe County Board of County Commissioners, the Monroe County Planning Staff and numerous County residents,
amendments have been recently made to this section to permit six (6) foot fences in certain land use districts and under
certain conditions.
On October 15,2001, the Monroe County Planning staff held a public meeting for the residents of Stock Island and Key
Haven to discuss the advantages and disadvantages offour (4) foot and six (6) foot fences. The meeting resulted in a
unanimous desire to permit six (6) foot security fences in their communities.
Stock Island is a mixture of industrial, commercial and residential uses existing side by side with little or no buffering or
separation of the uses. The residential component of Stock Island is composed of small clusters of a multitude of housing
types on generally small lots. Industrial and commercial employees, customers, and commercial vehicles in addition to the
local residents and their visitors continuously use the streets of the residential clusters. The local residents are convinced
that there is an identified need for six (6) foot fences for both security and privacy.
The Planning Department is proposing to revise the Monroe County Code by the addition of text of Section 9.5-309.
FENCES to permit fences to a height of six (6) feet on Stock Island and on Key Haven. County Development Review
Committee recommended approval on November 15, 2001. The Monroe County Planning Commission recommended
approval at a public hearing on December 12,2001.
PREVIOUS RELEVANT BOARD ACTION: None.
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: ..\.pproval
TOTAL COST: N/A
BUDGETED: N/A
COST TO COUNTY:None
REVENUE PRODUCING:
N/A
AMOUNT PER MONTH_ Year
APPROVED BY:
County Atty. ~
Risk Management _ N/A_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included---K-
DISPOSITION:
AGENDA ITEM # 11/ ~a2-
Revised 2/27/01
LAND DEVELOPMENT REGULATIONS TEXT
AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY WEST
JANUARY 17, 2002
PROPOSED LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
PROPOSED TEXT AMENDMENT RECOMMENDATIONS
Staff:
Approval
November 9, 2001
Staff Report
DRC
Approval
November 15, 2001
Resolution #024-01
PC
Approval
December 12, 2001
Resolution #P84-01
DRAFT BOCC TEXT AMENDMENT ORDINANCE
ORDINANCE NO.
-2002
AN ORDINANCE AMENDING THE MONROE COUNTY CODE BY THE
ADDITION OF TEXT TO SEC.9.S-309 FENCES; PROVIDING FOR
THE SEVERIBILITY; PROVIDING FOR THE REPEAL OF ALL
ORDINANCES INCONSISTENT HEREWITH; PROVIDING FOR THE
INCORPORATION INTO THE MONROE COUNTY CODE; AND
DIRECTING THE CLERK 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 January 17 2002, conducted a review and
consideration of the proposed text; and
WHEREAS, the Development Review Committee on November 1S,
2001, reviewed the legal authority and the proposed text, and recommended
approval of the proposed text; and
WHEREAS, during a regular meeting held on December 12, 2001, the
Monroe County Planning Commission conducted a public hearing on the
proposed text and recommendations of staff, and recommended approval of
the proposed text; and
WHEREAS, The Monroe County Board of County Commissioners was
presented with the following evidence, which by reference is hereby
incorporated as part of the record of said hearing;
1. Staffs report prepared on November 8,2001 by Fred Gross, Island
Planning Team Director.
2. Proposed changes to the Monroe County Land Development Regulations;
and
3. The sworn testimony of the Growth Management Staff; and
WHEREAS, the Monroe County Board of County Commissioners has
made the following Findings of Fact and Conclusions of Law based on the
evidence presented:
1. There is a need on Stock Island and Key Haven where unsafe living
conditions may exist to provide residents with an increased feeling of
safety and an improved level of privacy.
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2. 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. The proposed change is consistent with the goals of the Monroe County
Year 2010 Comprehensive Plan.
4. Based on the principle that "unsafe living conditions" is subjective, the
proposed change is in the best interest of improving public safety on
Stock Island and Key Haven.
5. On November 15, 2001 at a public meeting of the Development Review
Committee, after a review of the staff report, recommended approval of
the proposed amendment to the text.
6. On December 12, 2001 at a regularly scheduled public hearing of the
Monroe County Planning Commission, after a review of the staff report
and sworn testimony of staff, recommended approval of the proposed
text.
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
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 plar.ning agency for approval; and
NOW THEREFORE; BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT
Section 1. Chapter 9.5, Article VII Division 2 is hereby amended to include
the following:
Sec. 9.5-309. FENCES
(a) Height
(1) . ,
d. On Stock Island and on Kev Haven, fences may be
constructed to a height of six (6) feet.
* Underlined text is new
Page 2 of 4
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 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.
Page 3 of 4
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 Nora Williams
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY
Mayor Charles "Sonny" McCoy
(SEAL)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
Page 4 of 4
MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Fred Gross, Director, Lower Keys Island Planning Team
DATE: December 21, 2001
RE: REVISIONS TO SECTION 9.5-309 FENCES
I. BACKGROUND
Section 9.5-309 (a) Height (1) states" 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...". At the
request of the Monroe County Board of County Commissioners, the
Monroe County Planning Staff and numerous County residents,
amendments have been recently made to this section to permit six (6)
foot fences in certain land use districts and under certain conditions.
On October 15, 2001, the Monroe County Planning staff held a public
meeting for the residents of Stock Island and Key Haven to discuss the
advantages and disadvantages of four (4) foot and six (6) foot fences.
The meeting resultp.d in a unanimous desire to permit six (6) foot
security fences in their communities.
Stock Island is a mixture of industrial, commercial and residential uses
existing side by side with little or no buffering or separation of the
uses. The residential component of Stock Island is composed of small
clusters of a multitude of housing types on generally small lots.
Industrial and commercial employees, customers, and commercial
vehicles in addition to the local residents and their visitors
continuously use the streets of the residential clusters. The local
residents are convinced that there is an identified need for six (6) foot
fences for both security and privacy.
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II. ANALYSIS &. FINDINGS OF FACT
1. Staff finds that there is a need on Stock Island and Key Haven
where unsafe living conditions may exist to provide residents with an
increased feeling of safety and an improved 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.
4. Based on the principle that "unsafe living conditions" is subjective,
staff finds that the proposed change is in the best interest of improving
public safety on Stock Island and Key Haven.
5. On November 15, 2001 at a public meeting of the Development
Review Committee (DRC), after a review of the staff report, voted to
approve the new text as presented.
6. On December 12, 2001 at a regularly scheduled public hearing of
the Monroe County Planning Commission, after a review of the staff
report and sworn testimony of staff, voted to approve the proposed
text.
III. PROPOSED TEXT
Sec. 9.5-309. Fences
(a) Height
(1)
d. On Stock Island and on Key Haven, fences may be
constructed to a height of six (6) feet.
*Underlined text is new
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IV. RECOMMENDATIONS
Based on the Findings of Fact above, the Planning Commission
recommends APPROVAL of the proposed amendment to Section 9.5-
309 of the Monroe County Code.
Page 3 of 3
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MONROE COUNTY, FLORIDA
PLANNING COMMISSION RESOLUTION #P84-o1
A RESOLUTION BY THE MONROE COUNTY PLANNING
COMMISSION APPROVING A REQUEST OF THE MONROE
COUNTY PLANNING DEPARTMENT TO AMEND THE MONROE
COUNTY LAND DEVELOPMENT REGULATIONS BY THE
ADDITION OF TEXT TO SEC.9.S-309 (FENCES) THAT PERMITS
SIX (6) FOOT FENCES ON STOCK ISLAND AND KEY HAVEN.
WHEREAS, the Monroe County Development Review Committee was
presented with a staff report prepared October 17, 2001 by Fred Gross, Island
Planning Team Director; and
WHEREAS, the Development Review Committee on November 15, 2001
reviewed the staff report Findings of Fact and proposed text amendment to
Section 9.5-309 and recommended approval of the proposed text amendment;
and
WHEREAS, during a regular meeting held on December 12, 2001, the
Monroe County Planning Commission conducted a public hearing on the
proposed text and recommendations of staff; and
WHEREAS, the Monroe County Planning Commission was presented with
the following evidence, which by reference is hereby incorporated as part of the
record of said hearing;
1. Staffs report prepared on November 8, 2001 by Fred Gross, Island Planning
Team Director.
2. Proposed change to the Monroe County Land Development Regulations; and
3. The sworn testimony of the Growth Management Staff; and
WHEREAS, the Monroe County Planning Commission has made the
following Findings of Fact and Conclusions of Law based on the evidence
presented:
1. There is a need on Stock Island and Key Haven where unsafe living
conditions may exist to provide residents with an increased feeling of safety
and an improved level of privacy.
Page 1 of 3
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Initial
2. 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. The proposed change is consistent with the goals of the Monroe County Year
2010 Comprehensive Plan.
4. Based on the principle that "unsafe living conditions" is subjective, the
proposed change is in the best interest of improving public safety on Stock
Island and Key Haven.
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING COMMISSION OF
MONROE COUNTY, FLORIDA, that the preceding findings of fact support its
decision to recommend APPROVAL of the following amendment to the text of
the Monroe County Land Development Regulations as requested by the Monroe
County Planning Department:
MONROE COUNTY LAND DEVELOPMENT REGULATIONS
SECTION 9.5-309. FENCES
(a) Height
(1 )
d. On Stock Island and on Key Haven. fences may be
constructed to a heiaht of six (6) feet.
* Underlined text is new
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PASSED AND ADOPTED By the Planning Commission of Monroe County,
Florida at a regular meeting held on the 12th day of December 2001.
Chair David C. Ritz
Vice Chair Denise Werling
Commissioner P. Morgan Hill
Commissioner Jerry Coleman
Commissioner Alicia Putney
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
David C. Ritz, Chair
Signed this
day of December, 2001
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YES
YES
YES
YES
YES
DEVELOPMENT REVIEW COMMITTEE RESOLUTION
024-01
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #024-01
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 THE ADDITION OF TEXT
TO SEC.9.S-309 (FENCES) THAT PERMITS SIX (6) FOOT
FENCES ON STOCK ISLAND AND KEY HAVEN.
WHEREAS, Staff finds that there is a need on Stock Island and Key Haven
where unsafe living conditions may exist to provide residents with an increased
feeling of safety and an improved level of privacy; and
WHEREAS, 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; and
WHEREAS, Staff finds that the proposed change is consistent with the
goals of the Monroe County Year 2010 Comprehensive Plan; and
WHEREAS, Based on the principle that "unsafe living conditions" is
subjective, staff finds that the proposed change is in the best interest of
improving public safety on Stock Island and Key Haven; and
WHEREAS, the Development Review Committee met on November 15,
2001 to review the October 17, 2001 staff report and proposed amendment
prepared by Fred Gross, Director, Lower Keys Island Planning Team; and
WHEREAS, the Development Review Committee finds that the proposed
amendment is consistent with the goals of the Monroe County Year 2010
Comprehensive Plan;
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 addition to the text of the Monroe County Land
Development Regulations as requested by the Monroe County Planning
Department.
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Initial
PASSED AND ADOPTED By the Development Review Committee of Monroe
County, Florida at a regular meeting held on the 15th day of November, 2001.
Fred Gross, Director, Lower Keys Planning Team (Chair)
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
YES
YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Fred Gross, OCR Chair
Signed this
day of November, 2001
Page 2 of 2