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HomeMy Public PortalAboutKB 98-1A, 98-1B and 10-1ER Comprehensive Plan AmendmentsConchita Alvarez From: Jud Kurlancheek Sent: Thursday, October 27, 2011 12:37 PM To: Conchita Alvarez Subject: RE: Status of Key Biscayne 98-1A, 98-1B and 10-1 ER Comprehensive Plan Amendments Pls file for your records. I will let you know how this works out. Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Department Village of Key Biscayne 88 W. McIntyre St. Key Biscayne, FL 33149 305 365 8908 Office 305 365 5556 FAX From: Jud Kurlancheek Sent: Tuesday, October 25, 2011 3:45 PM To: 'Eubanks, Ray'; 'Chad Friedman' Cc: Stansbury, James; Pable, Bill Subject: RE: Status of Key Biscayne 98-1A, 98-1B and 10-1ER Comprehensive Plan Amendments HI All, as we discussed this morning, the Village is formally requesting an 180 day extension of time to comply with the requirements that are set forth in the below December 28, 2011 e mail. The additional time is necessary because since the adoption of the EAR based amendments, we have a new Mayor, two new Councilmembers, and an Acting Village Manager. Further, we were not sure how the changes to the Growth Management legislation would affect the EAR/ORC process. We are now moving forward. On November 5, 2011, we will be asking the Village Council to schedule a workshop to review the EAR based amendments, the ORC, and to advise that we intend to engage the services of a consultant. After discussion with the City Attorney, we are also formally withdrawing the two Comprehensive Plan amendments that were forwarded to DCA in 1998. The Village has no intention in moving forward with them. Jud Kurlancheek, AICP, Director Building, Zoning, and Planning Department Village of Key Biscayne 88 W. McIntyre St. Key Biscayne, FL 33149 305 365 8908 Office 305 365 5556 FAX From: Eubanks, Ray[mailto:Ray.Eubanks@deo.myflorida.com] Sent: Wednesday, October 19, 2011 3:05 PM To: 'Chad Friedman'; Jud Kurlancheek Cc: Stansbury, James; Pable, Bill Subject: RE: Status of Key Biscayne 98-1A, 98-1B and 10-1ER Comprehensive Plan Amendments Chad, 1 Thank you for the update. I am going to forward your e-mail request for a conference call to James Stansbury and Bill Pable of our review section. They will be the best to advise on how the new legislation affects the proposed amendments. I will be glad to attend the conference call if any procedural questions need to be addressed. Thanks Ray Eubanks Plan Review Administrator Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street MSC 160 Tallahassee, FL 32399-6545 850-717-8483 Ray.EubanksC@deo.myflorida.com www.floridajobs.org/ From: Chad Friedman [mailto:cfriedman@wsh-law.com] Sent: Wednesday, October 19, 2011 1:43 PM To: Aid Kurlancheek Cc: Eubanks, Ray Subject: RE: Status of Key Biscayne 98-1A, 98-1B and 10-1ER Comprehensive Plan Amendments Hi Ray, I hope all is well. The Village has yet to adopt the amendments. We would like to set up a call conference call to discuss how the new growth management legislation affects the Village's proposed amendments. Please let me know when you are available for this call. Best regards. Chad Friedman, Esq. Weiss Serota Helfman Pastoriza Cole & Boniske, P.L. 2525 Ponce de Leon Blvd., Suite 700 Coral Gables, FL 33134 www.wsh-law.com Tel: (305) 854-0800 Fax: (305) 854-2323 Think before you print This message, together with any attachments, is intended only for the addressee. It may contain information which is legally privileged, confidential and exempt from disclosure. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution, use, or any action or reliance on this communication is strictly prohibited. If you have received this e-mail in error, please notify the sender immediately by telephone (305) 854-0800 or by return e-mail and delete the message, along with any attachments. Tax Advice Disclosure: To ensure compliance with requirements imposed by the IRS under Circular 230, we inform you that any U.S. federal tax advice contained in this communication (including any attachments), unless otherwise specifically stated, was not intended 2 or written to be used, and cannot be used, for the purpose of (1) avoiding penalties under the Internal Revenue Code or (2) promoting, marketing or recommending to another party any matters addressed herein. From: Eubanks, Ray[mailto:Ray.Eubanks©deo.myflorida.com] Sent: Wednesday, October 19, 2011 12:40 PM To: Jud Kurlancheek Subject: Status of Key Biscayne 98-1A, 98-1B and 10-1ER Comprehensive Plan Amendments Dear Jud The Department sent the attached letter to the Village on June 15, 2011, and to date the Department still has not received a response from the Village as to the status of the amendments. If the Village intends to adopt the amendments it must be done prior to the December 28, 2011, due date. If the Village has already adopted the amendments it should render the amendment for final review. If the amendments are not going to be adopted the Village should send a letter formally requesting the amendments to be withdrawn. Thank you for any information updates on this amendment package. Ray Eubanks Plan Review Administrator Department of Economic Opportunity Bureau of Community Planning Caldwell Building 107 East Madison Street MSC 160 Tallahassee, FL 32399-6545 850-717-8483 Ray. Eubanks(a deo. myflorida. com www.floridajobs.org/ "Under Florida's public records laws, e -mails and e- ° employees, may be considered public records subject to inspection by or disclosure to the public. If you do not wish to have your e-1LzF� to the public, please do not communicate with the Village of Key Biscayne through e-mail. Instead, please contact the Village by telephone or other non -electronic means." 3 ORDINANCE NO. 99 - AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), AMENDING THE COMPREHENSIVE MASTER PLAN OF THE VILLAGE (THE "PLAN") BY AMENDING THE FUTURE LAND USE ELEMENT OF THE PLAN BY AMENDING THE FUTURE LAND USE CATEGORY DESCRIPTIONS (THE "DESCRIPTION"); BY REVISING THE "TWO FAMILY RESIDENTIAL" DESCRIPTION TO PROVIDE FOR ATTACHED OR DETACHED DWELLING UNITS AND CERTAIN MINIMUM LOT SIZE REQUIREMENTS; 7 REVISING A PORTION OF THE FUTURE LAND USE MAP PERTAINING TO CERTAIN PROPERTIES ADJOINING THE EAST SIDE OF FERNWOOD ROAD, NORTH OF WEST WOOD DRIVE AND SOUTH OF BUTTONWOOD DRIVE, TO CHANGE THE LAND USE DESIGNATION FROM COMMERCIAL TO TWO FAMILY RESIDENTIAL, 7 t UM11(E11ENSIVE PLAN BY PROVIDING FOR ADDITIONAL GOALS, OBJECTIVES, AND POLICIES; PROVIDING FOR SEVERABILITY, REPEALER, 7 AND AN EFFECTIVE DATE. WHEREAS, on September 12, 1995, pursuant to Ordinance No. 95-8, the Village of Key Biscayne adopted its Comprehensive Master Plan (the "Plan"); and WHEREAS, the Plan was revised pursuant to Ordinance No. 97-17 as adopted on August 26, 1997; and WHEREAS, the Village desires to further amend the Plan as provided in this Ordinance; and WHEREAS, the Village Council, sitting as the local planning agency, pursuant to Section 20-1 of the Village Code, has reviewed this Ordinance and recommended adoption of the Future Land Use Element amendments provided herein; and WHEREAS, the Village has received comments from other governmental agencies which have resulted in non -substantial changes to the ordinance which was approved on first reading; and WHEREAS, the Village Council after public hearing, hereby finds that the following amendments to the Plan are consistent with the State Plan, Regional Plan and the Village's Plan; complies comply with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act, and is -are in the best interest of the health, safety and welfare of the Village of Key Biscayne. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. That the Future Land Use Element of the Village of Key Biscayne Comprehensive Master Plan is hereby amended by amending the "Future Land Use Category Descriptions" to amend the description for "Two Family Residential" to read as follows Two Family Residential This category of land use is intended to allow for the use of one single family detached home or two single family attached or detached dwelling units, as permitted by the adopted land development regulations, on lots of at least X5007,000 square feet of net area. Other uses allowed on land within this category include public parks, primary and secondary schools, houses of worship and public utility facilities necessary to serve the uses within this category. The 7,5007 000 square foot lot size limitation shall not preclude the continued use, development or redevelopment of a single-family detached home or two single family attached or detached dwelling units on a smaller lot where such lot or parcel was platted or otherwise of record prior to adoption of this Plan. If existing parcels are hereafter sub -divided the minimum allowable net lot size shall be 3,500 square feet per lot. Actual minimum net lot size shall be determined at the time of platting and must be consistent with adopted subdivision regulations and related land development regulations applicable to the particular lot. illagc of Kcy Biscayne Comprehensive Master Plan is hereby amended by amending the "Future Land Use Category Descriptions" by (Coding: Words in strtte thretrgh type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 2 Additionally, multi -family and single-family attached or detached rcsidcntial uscs, and Rcsidcntial units may bc permitted only if: 1. they arc part of a mixed usc project that also contains commercial, office, or hotcl uses Mixing of multi -family residential usc with commcrcial, business and 1 v that 2. thc scalc and intcnsity, including hcight and floor arca ratio of thc residential or mixed usc development projcct is not out of charactcr consistent with that of thc adopted Land Development Rcgulations. 3. thc mixed usc projcct is and shall bc sensitive to any abutting rcsidcntially developed thc commcrcial category at a dcnsity not to cxcccd morc than 12.5 dwclling units per aerc. Devclopmcnt approval for rnixcd usc shall be consistent with thc 4. The mixed usc buildings within this category shall bc is limited to 35 feet in hci ht and 35 percent lot coverage. 5. Density does not exceed 12.5 units pct acre. The -application -of thc hcight and 1 zd Use Element of the Ville (Coding: Words in type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 3 Park Sidc Transitional Rcsidcntial. Consistent with thc Comprehensive Plan and the Future Land Use Plan Map, this category of land usc is intended to allow for multi -family and single-family residential usc. Other uses allowed on land within this category include public parks, municipal Residential Category. Section 43. The Future Land Use Element of the Village of Key Biscayne Comprehensive Master Plan is hereby amended by amending the Future Land Use Map to revise the designation for a strip of land of a width of 100 feet, as indicated on Exhibit "A" attached hereto and incorporated herein, from the Future Land Use category designations Office, Commercial and -Low Dcnsity Multi -Family to thc Park Side Transitional Two Family Residential category designation Section 54. That the Future Land Use Element of the Comprehensive Plan is hereby amended by providing for additional goals, objectives, and policies as follows: GOAL 3 PROHIBIT ANY BETWEEN THEC-ONINIERHAE PEDESTRIAN -ACTIVITY DEVELOPMENT OF RESIDENTIAL AREAS WHICH INCREASES THE TOTAL NUMBER OF RESIDENTIAL UNITS ON THE BARRIER ISLAND ABOVE THE NUMBER WHICH WAS ALLOWED UNDER THIS COMPREHENSIVE PLAN ON THE DATE OF ITS ORIGINAL ADOPTION. Implement transfer zones as part of the conti , transferring and applying resrdentra (Coding: Words in strne throttgh type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 4 S Consist of arlc s wing zone. 111c v 111age lnay transr implemeiit'ng land dcvclopmc 1t regulations. The attached snap identifies on 3. 'l he total nun�bcr of units that may be transrcri nsrc� clv1 iii t11c bclow tabic� T Silver Sands 301 Oc an Dr. T 28.85 residential units Sonesta Beach Hotel 350 Ocean Dr. 1 s Grand Bay s Ocean Club 0.00 residential units 148 i csidcntial uirits Thc total nun1bcr of units that may rails its arc tnc alrrc apped by tnc acnsity proviaca ey �bcr of awciiing umts pcilii Development orders, or other development orders approved within the Scndi adoption of c as identificd by the adop A nrv1 erty o amer of a parcel or group of p aic legally unified (hcn,maftcr lc2ally unif to thc Village for thc transfer of Transf Rccl,iving Zone. IIo,>vcvcl, all application being made that thc requested density and housing typ 3 residential us 3 to be ricvc Receiving Zone arc compatible ,kith sure eunding dcvclopi prcncnsivc 1-lan. snrp, or multiple ownc ocatcd In tnc cnctnlg Gonc, nlay apply cgally unlrlca parer, y transfer arc co a upon a actcrn� wouia not ci catc s 1 Thc total arca of the Sending Zone is 107.G4 at,res Th acres The total Transfer Units availablc for transfer fi aye in tric 1cCcclvl ing Gonc is 145 slacntial units. Objective 3.1 p Adopt Land Development Regulations defining the development process, allowable densities and land uses for the Ti ansfcl Zones to allow for additional property to be designated Two Family Residential while at the same time prohibiting any increase in the total number of permitted residential units on the barrier island. (Coding: Words in type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 5 Policy 3.1.1 By December 1999, the Village shall establish Land Development Regulations applicable for development within the Parleside-Transitional Two Family Residential and Commercial Future Land Use Plan designations -of which will ensure that there is no increase in to total number of residential units allowed to be developed on the barrier island. Policy 3.1.2 Prior to the granting of any development permit, as that term is defined in section 163.3164, Florida Statutes, the Village must demonstrate that there will not be any increase in the number of allowable residential units on the barrier island. Objective 3.2 Establish a monitoring mechanism for the Transfer Zones process described in Objective 3.1. of units from the Sending to thc Rccciving Zoncs. Thc monitoring mechanism will for review through the Village Building, Zoning and Planning Department. Thc Sending Zone will not exceed the which is permitted by thc adoutcd Land Use Plan. •r• Aiiy changes to the Transfer Zoncs affecting thc transfer of residential units will require an amendment to thc Master Plan. Objective -373. Establish a public participation process for the application of dwelling units within thc Rccciving Zonc iii order to rcducc the potential for property rights issues. rohcy 3.3.1 As part of the land development regulations, thc Village will include a public the Transfer Zonc application and development approval. (Coding: Words in struck through type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 6 Objective 3.43 Review the application of committed residential units Zonc approved as part of DRI development orders (and other development orders) prior to 1995 as part of the Evaluation and Appraisal Reporting process scheduled for completion in 2002. Policy 3.43.1 By 2002, the Village will have verified the status of DRI Development Order commitments and verified with affected property owners the status of undeveloped density and land uses as part of the DRI process. Among other issues, the Village will review Dade County zoning and development approvals to monitor and evaluate the effect of development on the Key since the adoption of the 1995 Comprehensive Plan. Polier 37472 Thc Villagc will apply only Transfer Units (148.33 units) permitted by thc Scnding Zonc prior to thc expiration, termination or default of DRI or other development orders within thc Scnding Zonc. Thc Villagc will evaluate thc of Transfer Zones as part of the EAR process. Objective 334 Develop coordinating efforts with the Dade County School Board relative to any new development . Policy 334.1 Land Development Regulations shall include necessary provisions, including but not limited to necessary measures to assure coordination with the School Board pursuant to Section 235.193, F.S. and to assure consideration of and mitigation of any impacts affecting emergency management, transportation and environmental factors. (Coding: Words in type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 7 Objective 3.65 Prepare a procedure for reviewing any new residential development preposed including levels of service for road networks. water and sewer infrastructure, parks and recreation. Policy 3.65.1 The Village will review the potential for any new residential development and review impacts on existing infrastructure and levels of service as part of the preparation of land development regulation. Scction 6. That the Capital hnprovcmcnt Element, Objective 1.5 is hcrcby amended by olicy 1.5. The Village shall evaluate- all potential development related impacts and levels of service associated with thc application of units which are within Sending and Receiving Zones described in the Future Land Use Element. An evaluation shall be completed as part of thc annual update to the annual Appraisal Report (EAR) as dcscnbcd in the Monitoring, Updating, and Evaluation Procedures 1994-98, an adopted component of the Capital Section -5 6. Severability. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section q• $7. Inclusion in the Comprehensive Plan. It is the intention of the Village Council, and it is hereby ordained that the provisions of this Ordinance shall become and made part of the Code of Key Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 6 98. Effective Date. This Ordinance shall be effective immediately upon passage by the Village Council on second reading, except that the effective date of any plan amendment approved by this ordinance shall be the date a final order is issued by the Department of Community (Coding: Words in strttek-threugh type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 8 Affairs or Administration Commission finding the amendment in compliance in accordance with Section 163.3184, Florida Statutes, whichever occurs earlier. No development orders, development permits, or land uses dependent on such amendment may be issued or commence before it has become effective. If a final order of noncompliance is issued by the Administration Commission, this amendment may nevertheless be made effective by adoption of a resolution affirming its effective status, a copy of which resolution shall be filed with the Village Clerk and sent to the Department of Community Affairs, Bureau of Local Planning, 2740 Centerview Drive, Tallahassee, Florida 32399-2100. The Department of Community Affairs' notice of intent to find a plan amendment in compliance shall be deemed to be a final order if no timely petition challenging the amendment is filed. PASSED on first reading, this 10th day of February, 1998, for transmittal to the Department of Community Affairs pursuant to Section 163.3184(3) Florida Statutes. PASSED AND ADOPTED on second reading this day of , 1999. JOE I. RASCO, MAYOR ATTEST: CONCHITA H. ALVAREZ, VILLAGE CLERK, CMC APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY C:\My Documents\WordData\WSHP&G\Key Biscayne\FERNWDCOMPLAN6.doc4/22/99 12:55 PM (Coding: Words in type are deletions from existing law; words underscored are additions; words in shading are changes between first reading and second reading) 9