Item V2
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 21. 2002
Division: Growth Management
Bulk Item: Yes
No~
Department: Planning
AGENDA ITEM WORDING: First of two public hearings to consider an amendment to the Monroe 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 Monroe County Planning Commission on August 7, 2002, the Commission recommended APPROVAL of
the proposed amendment to Section 9.5-285 of the Monroe County Code.
PREVIOUS RELEVANT BOARD ACTION: The Board of County Commissioners recently adopted revised
Environmental Standards in the Land Development Regulations.
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. X-
Risk Management _ N/ A_
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included ~ To Follow_ Not Required_
AGENDA ITEM #_~
DISPOSITION:
PROPOSED LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
PROPOSED TEXT AMENDMENT RECOMMENDATIONS
Staff:
Approval
ORC
Approval
August 1, 2002
July 2, 2002
Staff Report
Resolution #D13-02
PC
Approval
August7,2002
Resolution #P51-02
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
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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.
.@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
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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 vard 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 eiQhteen (18) inches in heioht. are permitted within the
required rear vard 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
OCCUDY more than 600/0 of the required rear yard setbacks.
*Strike thr:ough 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
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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 T em 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
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MEMORANDUM
TO: Monroe County Board of County Commissioners
FROM: Fred Gross, Director, Lower Keys Island Planning Team
DATE: August 1, 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.
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.
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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.
!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
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
complvinq with the yard provisions set forth in Section 9.5-281.
(c) Rear yard requirements for residential dwellinqs that are not on the
shoreline (drv Lots) shall be as follows:
(1) Accessorv structures. as defined in Section 9.5-4(A-2), not
exceedinq eiqhteen (18) inches in heiqht. are permitted within the
required rear vard setback.
(2) Accessorv structures to a maximum of twelve (12) feet in
heiqht shall be setback a minimum of ten (10) feet from the rear
propertv line.
(3) No use within the rear yard shall extend into the required
side vard setbacks.
(4) In no event shall the total combined area of all structures
occupy more than 60% of the required rear vard setbacks.
*Striko through text is delotod
*Underlined text is new
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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.
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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
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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.
,(gJ 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 vard requirements for residential dwellinqs that are not on the
shoreline (drv lots) shall be as follows:
(1) Accessorv structures, as defined in Section 9.5-4(A-2). not
exceedina eiahteen (18) inches in heiaht, are permitted within the
required rear vard setback.
(2) Accessorv structures to a maximum of twelve (12) feet in heiaht
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 doleted
*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 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
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DEVELOPMENT REVIEW COMMITTEE RESOLUTION
013-02
MONROE COUNTY, FLORIDA
DEVELOPMENT REVIEW COMMITTEE RESOLUTION #013-02
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
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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.
i9l 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 vard provisions set forth in Section 9.5-281.
(c) Rear yard requirements for residential dwellinqs that are not on the
shoreline (drv lots) shall be as follows:
(1) Accessorv structures, as defined in Section 9.5-4(A-2), not
exceedinq eiqhteen (18) inches in heiqht. are permitted within the
required rear vard setback.
(2) Accessorv 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 vard shall extend into the required side vard
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 text is doleted
*Underlined text is new
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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
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