Item Q1
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 18,2004
Division:
Growth Management
Bulk Item: Yes
No X
Department: Planning
AGENDA ITEM WORDING:
Public hearing to adopt an ordinance amending the Monroe County Land Development Regulations by
amending Section 9.5-317 - Standards for issuance of building permits in areas of special flood hazard.
(One public hearing required.)
ITEM BACKGROUND:
Recent changes to the flood plain regulations of the Monroe County Land Development Regulations
have revealed a need for additional detail or comprehensiveness with regard to properties with
residential structures that abut Airport Districts (AD). The current regulation that restricts enclosing
space below elevated buildings with opaque material to a maximum of 299 square feet prohibits
property owners abutting AD the right to enclose areas beneath residential structures for the parking
and storage of personal aircraft, which historically has been allowed. This amendment will legitimize
those existing structures and prevent the creation of new non-conforming structures. The Planning
Commission recommended approval of the amendment at a regular scheduled meeting on July 7, 2004.
PREVIOUS REVELANT BOCC ACTION: Ordinance No. 037-2003, adopted on October 15,2003
established a maximum of 299 square feet of space to be enclosed.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
APPROVAL
TOTAL COST:
N/A
BUDGETED: Yes
No
COST TO COUNTY:
N/A
SOURCE OF FUNDS:
N/A
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
DIVISION DIRECTOR APPROVAL:
.sk Management N/A
APPROVED BY: County Atty ~
P
DOCUMENTATION:
Included X
To Follow
Not Required
DISPOSITION:
AGENDA ITEM # ~ \
Revised 2/27/01
l<~
\ ,
MONROE COUNTY
LAND DEVELOPMENT REGULATIONS
TEXT AMENDMENT
BOARD OF COUNTY COMMISSIONERS
KEY LARGO LIBRARY
AUGUST 18,2004
Staff:
DRC:
pc:
PROPOSED TEXT AMENDMENT
Approval
Approval
Approval
RECOMMENDATIONS
May 5, 2004
June 21, 2004
July 7, 2004
Staff Report
Resolution #D 11-04
Resolution P36-04
\ ,
DRAFT BOCC ORDINANCE
ORDINANCE NO. 2004
AN ORDINANCE AMENDING SECTION 9.5-317(b)(1)d.(i) (STANDARDS
FOR THE ISSUANCE OF BUILDING PERMITS IN AREAS OF SPECIAL
FLOOD HAZARD), MONROE COUNTY CODE; PROVIDING FOR
ADDITIONAL DETAIL AND COMPREHENSIVENESS WITH REGARD
TO RESIDENTIAL STRUCTURES THAT ABUT AIRPORT DISTRICTS
(AD); PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF INCONSISTENT PROVISIONS; PROVIDING FOR
INCORPORATION INTO THE MONROE COUNTY CODE OF
ORDINANCES WHEN EFFECTIVE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Monroe County Board of County Commissioners recognizes that recent
changes to Section 9.5-317, Monroe County Code (MCC), have placed constraints on the size of
legal enclosures beneath residential structures; and
WHEREAS, these changes have created a need for additional detail and
comprehensiveness specifically with regard to Section 9.5-317(b)(1)d.(i); and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
amendment will prevent the creation of non-conforming structures by allowing owners of
residential structures abutting Airport Districts to have enclosures with opaque materials'larger
than 299 square feet for the express purpose of parking and storing personal aircraft; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
proposed amendment is consistent with Section 9.5-511(d)(5)b.(v); and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
proposed text amendment is consistent with the goals, policies, and objectives of the Monroe
County Year 2010 Comprehensive Plan; and
WHEREAS, the Monroe County Board of County Commissioners recognizes that the
Year 2010 Comprehensive Plan has been deemed to be consistent with Chapters 9J-5 and 9J-12
F.A.C. and Chapter 163 Florida Statutes by the State's Land Planning Agency, the Department of
Community Affairs (DCA); now, therefore
,BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, that
Section 1. Section 9.5-317(b)(1)d.(i) of the Monroe County Land Development
Regulations, is hereby amended to read as follows (additions and deletions shown in underline
and ~trik@tb.rgugb. format):
Section 9.5-317(b)(1)d.(i)
Only a maximum of 299 square feet of the space shall be enclosed with opaque materials. Any
remaining portion of an enclosed area of more than 299 square feet shall not be enclosed with
screen or lattice. This limitation shall not apply to parking of aircraft beneath residential
buildings abutting Airport Districts. Areas of 300 square feet or more, enclosed with opaque
materials, existing on the effective date of this ordinance shall be deemed conforming as to the
provisions of this paragraph; however, such enclosures shall not be expanded or substantially
improved unless they are brought into compliance with this division.
Section2 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. 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 5. 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 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.
Section 7. The Director of Growth Management is hereby directed to forward a copy of
this ordinance to the Municipal Code Corporation for incorporation in the Monroe County Code
of Ordinances once this ordinance is in effect.
(The remainder of this page intentionally left blank)
PASSED AND ADOPTED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, AT A REGULAR MEETING OF SAID BOARD HELD ON
THE DAY OF , 2004.
Mayor Murray Nelson
Mayor Pro Tern David Rice
Commissioner Charles "Sonny" McCoy
Commissioner George Neugent
Commissioner Dixie Spehar
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor Murray Nelson
(Seal)
ATTEST: DANNY KOHLAGE, CLERK
DEPUTY CLERK
FORM
I ,
BOCC STAFF REPORT
Memorandum
TO:
Board of County Commissioners
FROM:
K. Marlene Conaway, Director of Planning
DATE:
July 21, 2004
RE:
Monroe County Land Development Regulations Text Amendment
STAFF REPORT
BACKGROUND
Recent changes to the flood plain management regulations of the Monroe County Land
Development Regulations have revealed a need for additional detail or comprehensiveness with
regard to properties with residential structures that abut Airport Districts (AD). The €urrent
regulation that restricts enclosing space below elevated buildings with opaque material to a
maximum of 299 square feet prohibits property owners abutting AD the right to enclose areas
beneath residential structures for the parking and storage of personal aircraft, which historically
has been allowed.
ANALYSIS
The current language of Section 9 .5-317(b)(1 )d.(i) would create additional non-conforming
structures that heretofore have been considered legal, lawfully established conforming structures.
Objective 101.8 of the Monroe County Year 2010 Comprehensive Plan states that "Monroe
County shall eliminate or reduce the frequency of uses which are inconsistent with the applicable
provisions of the land development regulations and the Future Land Use Map (FLUM), and
structures which are inconsistent with applicable codes and land development regulations." This
text amendment will prevent the creation of new non-conforming structures. The proposed text
amendment is consistent with the goals, policies and objectives of the Year 2010 Comprehensive
Plan. Monroe County is designated as an "Area of Critical State Concern" and as such is
governed by Chapters 9J-5 and 9J-12 of the Florida Administrative Code (F.A.C.) and Chapter
163 of the Florida Statutes. The proposed text amendment is consistent with the F.A.C. and the
Florida Statutes.
Section 9.5-317(b)(1 )d.(i) additions and deletions shown in underline and ~trik~t1lrg\lgR format.
Only a maximum of 299 square feet of the space shall be enclosed with opaque materials. Any
remaining portion of an enclosed area of more than 299 square feet shall not be enclosed with
screen or lattice. This limitation shall not apply to parking of aircraft beneath residential
buildings abutting Airport Districts. Areas of 300 square feet or more, enclosed with opaque
materials, existing on the effective date of this ordinance shall be deemed conforming as to the
provisions of this paragraph; however, such enclosures shall not be expanded or substantially
improved unless they are brought into compliance with this division.
FINDINGS OF FACT
1. Based on the Monroe County Code, staff finds that the proposed amendment is consistent
with Section 9.5-511(d)(5)b.(v) of the Monroe County Code.
2. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that a text
amendment to Section 9.5-317 is needed to prevent the creation of new non-conforming
structures.
3. Based on the Monroe County Year 2010 Comprehensive Plan, staff finds that the
proposed amendment is consistent with and furthers the goals and objectives of this plan.
4. Based on the Florida Administrative Code, Florida Statutes, and the Principles for
Guiding Development, staff finds that the proposed changes are consistent with F.A.C.
Chapters 9J-5 and 9J-12, Florida Statutes, Chapter 163, and Chapter 380.
RECOMMENDATION:
The Planning and Environmental Resources staff recommends approval of the proposed text
amendment of the Monroe County Land Development Regulations.
PLANNING COMMISSION RESOLUTION P 36-04
PLANNING COMMISSION RESOLUTION #P36-04
A RESOLUTION BY THE MONROE COUNTY PLANNIG COMMISSION
RECOMMENDING APPROVAL TO THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS OF THE REQUEST FILED BY THE MONROE COUNTY
PLANNING AND ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND
THE MONROE COUNTY CODE, REVISING SECTION 9.5-317(b)(1)d.(i)
(STANDARDS FOR THE ISSUANCE OF BUILDING PERMITS IN AREAS OF
SPECIAL FLOOD HAZARD) TO PROVIDE FOR ADDITIONAL DETAIL OR
COMPREHENSIVENESS WITH REGARD TO RESIDENTIAL STRUCTURES THAT
ABUT AIRPORT DISTRICTS (AD) .
WHEREAS, recent changes to Section 9.5-317, Monroe County Code (MCC), have
placed constraints on the size of legal enclosures beneath residential structures; and
WHEREAS, these changes have created a need for additional detail and
comprehensiveness specifically with regard to Section 9.5- 317(b)(1 )d.(i); and
WHEREAS, the Section 9.5-511 delineates the mechanism to amend the Monroe County
Code via a "text amendment"; and
WHEREAS, a text amendment to Section 9.5-317(b)(I)d.(i) is needed to prevent the
creation of non-conforming structures; and
WHEREAS, the Development Review Committee met on June 21, 2004 and
recommended approval of the proposed text; and
WHEREAS, during a regular meeting held on July 7, 2004, the Monroe County Planning
Commission conducted a public hearing on the proposed text amendment; and
WHEREAS, the Planning Commission was presented with the following information,
which by reference is hereby incorporated as part of the record of said hearing:
1. Staff report prepared by J. G. Buckley, Senior Planner and Dianne Bair, Special Projects
Administrator, dated June 22, 2004; and
2. Discussion of Growth Management Staff; and
3. Comments by the Planning Commission; and
WHEREAS, the Planning Commission has made the following Findings of Fact on the
evidence presented:
1. Based on the Monroe County Code, we find that the proposed amendment is consistent with
Section 9.5-511.
2. Based on the Monroe County Year 2010 Comprehensive Plan, we find that the proposed
amendment is consistent with and furthers its goals and objectives.
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 to
the Monroe County Board of County Commissioners of the revisions to the text of the Monroe
County Land Development Regulations Section 9.5-317(b)(1)d.(i) as requested by the Monroe
County Planning and Environmental Resources Department as follows:
Additions and deletions are shown in underline and gtrikgthrgygh format.
Section 9 .5-317(b)(1 )d.(i)
Only a maximum of 299 square feet of the space shall be enclosed with opaque materials. Any
remaining portion of an enclosed area of more than 299 square feet shall not be enclosed with
screen or lattice. This limitation shall not apply to parking of aircraft beneath residential
buildings abutting Airport Districts. Areas of 300 square feet or more, enclosed with opaque
materials, existing on the effective date of this ordinance shall be deemed conforming as to the
provisions of this paragraph; however, such enclosures shall not be expanded or substantially
improved unless they are brought into compliance with this division.
PASSED AND ADOPTED by the Planning Commission of Monroe County, Florida at a'
regular meeting held on the 7th day of July, 2004.
Chair Lynn Mapes
Vice Chair Denise Werling
Commissioner Jim Cameron
Commissioner Julio Margalli
Commissioner David Ritz
YES
YES
YES
YES
YES
PLANNING COMMISSION OF MONROE COUNTY, FLORIDA
By
Lynn Mapes, Chair
Signed this
day of
,2004
\ ,
DEVELOPMENT REVIEW COMMITTEE
RESOLUTION#D 11-04
DEVELOPMENT REVIEW COMMITTEE RESOLUTION
NO. Dll-04
A RESOLUTION BY THE MONROE COUNTY DEVELOPMENT REVIEW
COMMITTEE RECOMMENDING APPROVAL TO THE PLANNING
COMMISSION OF THE REQUEST FILED BY THE PLANNING AND
ENVIRONMENTAL RESOURCES DEPARTMENT TO AMEND THE
MONROE COUNTY CODE, SECTION 9.5-317(b)(I)d.(i) (STANDARDS FOR
ISSUANCE OF BUILDING PERMITS IN AREAS OF SPECIAL FLOOD
HAZARD) TO PROVIDE FOR ADDITONAL DETAIL OR
COMPREHENSIVENESS WITH REGARD TO RESIDENTIAL
STRUCTURES THAT ABUT AIRPORT DISTRICTS.
WHEREAS, recent changes to Section 9.5-317, Monroe County Code (MCC), have placed
constraints on the size of legal enclosures beneath single-family residences; and
WHEREAS, these changes have created a need for additional detail and comprehensiveness
specifically with regard to Section 9 .5-317(b)(1 )d.(i); and
WHEREAS, Section 9.5-511 delineates the mechanism to amend the Monroe County Code via a
"text amendment"; and
WHEREAS, a text amendment to Section 9.5-317(b )(l )d.(i) is needed to prevent the creation of
non-conforming structures; and
WHEREAS, during a regular scheduled meeting held on June 21, 2004 the Development
Review Committee (DRC) of Monroe County, Florida, conducted a review and consideration of the
proposed text amendment to the Monroe County Code, Section 9 .5-317(b)(1 )d.(i); and
WHEREAS, the Development Review Committee reviewed the following information:
1. The staff report prepared by 1. G. Buckley, Senior Planner and Dianne Bair, Special
Projects Administrator dated May 5, 2004; and
2. Comments made by the Development Review Committee.
NOW THEREFORE, BE IT RESOLVED BY THE DEVELOPMENT REVIEW
COMMITTEE OF MONROE COUNTY, FLORIDA, that the precediqg findings support its decision
to recommend APPROVAL to the Monroe County Planning Comntlission of the proposed text
amendment to the Monroe County Code as follows:
The new language is shown underlined.
Section 9.5-317(b)(1)d.(i)
Only a maximum of 299 square feet of the space shall be enclosed with opaque materials. Any
remaining portion of an enclosed area of more than 299 square feet shall only be enclosed with screen or
lattice. This limitation shall not apply to parking of aircraft beneath residential buildings abutting
Airport Districts. Areas of 300 square feet or more, enclosed with opaque materials, existing on the
effective date of this ordinance shall be deemed conforming as to the provisions of this paragraph;
however, such enclosures shall not be expanded or substantially improved unless they are brought into
compliance with this division.
PASSED AND ADOPTED by the Development Review Committee of Monroe County at a
regular meeting held on the 21 sl day of June, 2004.
J. G. Buckley, Senior Planner YES
Ralph Gouldy, Sr. Administrator of Environmental Resources YES
Department of Health (by FAX) YES
Department of Public Works (by FAX) YES
Department of Engineering (by FAX) YES
DEVELOPMENT REVIEW COMMITTEE OF MONROE COUNTY, FLORIDA
By
Aref Joulani, DRC Chair
Signed this
day of
,2004