HomeMy Public PortalAbout1996-41 Requesting to the Legislative delegations of Dade County to amend chapter 163, Florida StatutesRESOLUTION NO. 96-41
A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; PROVIDING FOR THE VILLAGE COUNCIL'S
REQUEST TO THE LEGISLATIVE DELEGATIONS OF DADE
COUNTY TO PROPOSE LEGISLATION TO AMEND CHAPTER
163, FLORIDA STATUTES, THEREBY EXEMPTING
COMMUNITIES OF CERTAIN SIZES AND DEGREE OF BUILD -
OUT FROM THE COMPREHENSIVE PLAN PROCESS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Florida Statutes, Chapter 163, Part II, cited as the Local Government
Comprehensive Planning and Land Development Regulation Act, mandates the preparation,
adoption, evaluation and, where required, amendment of comprehensive plans by local government
to guide and control future development; and
WHEREAS, Florida Statutes, Chapter 163, Part II, cited as the Local Government
Comprehensive Planning and Land Development Regulation Act, identifies required elements of the
comprehensive plan to ensure the orderly and balanced future economic, social, physical,
environmental and fiscal development of the area within the jurisdiction of a local government; and
WHEREAS, the Village of Key Biscayne, Florida (hereinafter, the "Village"), has complied
with the requirements of Florida Statutes, Chapter 163, Part II, in the adoption of a comprehensive
plan and the evaluation and review of said plan; and
WHEREAS, the Village comprises an area of approximately 848 acres uniquely situated
within Crandon Park and Bill Baggs State Park, in which area, vacant or undeveloped lands total less
than 2%2 acres; and
WHEREAS, the recently adopted Master Plan indicates the Village has reached
approximately ninety-eight percent (98%) of build -out based upon the densities identified in the
Future Land Use Element of the Village's Master Plan; and
WHEREAS, the intent of the comprehensive planning process is to provide for future growth
and the recently completed required Master Plan indicates the opportunity for future development
in the Village is very low; and
WHEREAS, as required by Florida Statutes, Chapter 163, Part II, cited as the Local
Government Comprehensive Planning and Land Development regulation Act, the Village has
adopted and implements land development regulations which ensure that required infrastructure is
available prior to the impact of future development.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF KEY
BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. It is the desire of the Village of Key Biscayne that Florida Statutes, Chapter 163,
Part II, cited as the Local Government Comprehensive Planning and Land Development Act, be
amended to provide local governments the ability to exempt themselves from the preparation,
adoption, evaluation and required amendment of a comprehensive plan, if those local governments
meet the following minimal criteria:
a. The vacant and undeveloped land within the jurisdiction of the local government is
less than fifteen percent (15%) of the total developable area within that government's jurisdictional
boundaries;
b. The year round permanent population of the local government does not exceed 10,000
persons.
Section 2. The Legislative Delegations for Dade County is hereby requested to include this
proposed amendment to Florida Statutes, Chapter 163, Part II, as part of its 1997 Legislative
proposals to the Florida Legislature and to prepare any and all necessary bills to enact this proposed
legislation.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 10th day of December , 1996.
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YOR JOHN F. FESTA
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CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
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RICHARD J. WEISS, VILLAGE ATTORNEY