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HomeMy Public PortalAbout2012-11 Amending Hotel Resort DistrictORDINANCE NO. 2012-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING SECTION 30-103 "HOTEL RESORT DISTRICT;" PROVIDING FOR AMENDMENTS TO SECTION 30- 103(A) RELATING TO THE PURPOSE AND USES; PROVIDING FOR AMENDMENTS TO SECTION 30-103(B) RELATING TO THE DEVELOPMENT REGULATIONS; PROVIDING FOR AMENDMENTS TO SECTION 30-184 "AMOUNT OF REQUIRED OFF-STREET PARKING" RELATING TO THE REQUIRED OFF- STREET PARKING FOR HOTELS AND MOTELS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council requested that the Zoning Ordinance Review Committee (the "ZORC") review and analyze the existing Hotel Resort District regulations within the Village; and WHEREAS, the Village Council reviewed the ZORC recommendations at several public meetings and workshops; and WHEREAS, after review of the ZORC recommendations as well as receiving public input and comments, the Village Council desires to amend the Hotel Resort District regulations as well as related off street parking regulations; and WHEREAS, the Village Council, sitting as the Local Planning Agency, has reviewed the proposed amendments and recommends approval; and WHEREAS, the Village Council finds that this Ordinance is consistent with the Comprehensive Plan; and WHEREAS, the Village Council hereby fords and declares that adoption of this Ordinance is necessary, appropriate, and advances the public interest. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS': Coding: underlined words are additions to existing text, struck through words are deletions from existing text, shaded text reflects changes made from First Reading. Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative intent of this Ordinance. Section 2. Amendment to Section 30-103 of the Village Code. Section 30-103 "Hotel Resort District" of the Village Code of Ordinances is hereby amended to read as follows: Sec. 30-103. Hotel Resort District. (a) Purpose and Uses. TABLE INSET: District Purpose Main Permitted Uses Conditional Uses Accessory Uses Prohibited Uses This district is Hotel None Any Use that is Any Use not listed designed to customarily as a Main promote the Development of ocean resort Hotels Apartment Building associated with the Main Permitted Uses (See sec. 30- Permitted Use, Conditional Use, or Accessory Use and multiple Family residences. 111) (See sec. 30-113) (b) Development Regulations. TABLE INSET: Density Maximum Height Lot Coverage Minimum Lot Area Hotel 30 Units per acre No Development shall exceed 350 Hotel Units Apartment Building 16 Units per acre If a Development contains Hotel and Apartment Units, then Lot area, which is counted towards one Use, cannot be counted towards another Use. 150 ft. ,except: .40 The minimum lot (1) within 300 area shall be the feet of the existing Lot size V i l lage or where applicable the Residential Zoning District established the maximum combination of height shall be 35 as of the Lots)feet: and (21 east adoption of this of the Coastal i egr ulaton. site ega t Construction rl aul,dib:d..d as of th dat, vf the Line the maximum height shall be 20 feet. ..,m cc. 2 of 8 TABLE INSET: Setback Floor Area Ratio Front: 25 ft. + 5 ft. per floor above the first floor but not to exceed 50 ft. The location of the Front Yard shall be as ° ` 1.72 11Vwc��1 ee�atlfiolzt a m . • • •: }• shown on the Yard Determination that plooid., a 7.5 ft. delleat..d EQS..LLrillt VLL Lath J•�. Sketch. of dl., t,1 VlJ..1ly G V311111., Stl wt t. th b a.11 Jllall UJ. tl1 fi 11 :llE. Side: 25 ft. minimum (however no portion of Building may extend beyond a "building envelope" formed by a prism the base of which is formed by the Lot boundaries and whose height is defined by two base angles of 63 degrees each, `see sketch below). The 1 Story .40 4 StVry 1.00 7 Story 1.60 1.80 2 Story .60 5 St.,ry 1.20 8 StVry Ratio Ea,""""nt JLall b .,V alli, d 111 knAl. a La1..ulat•Vu. Tll., E.[serrmcrrt shuH b` imylo%c1 `"`tl` Th., �a111J. aP...6 alld a 11.1.1 Pay..d ". ae... byI'th B�.i1Jiva, app1 V o- . location of the Side Yard shall be as Zonilrg, ai d P1aooi ig D13e..te1 t,1•1V1 tV U1c 1JJ.KLL1. G of shown on the Yard Determination a building pciniit alid Whist be installed p11o1 to the Sketch. isJUall. a of a .,.1;G..atc of oe...lpaHcy. 1ild. SctLd.l.5 JIIall be Inca...,.l fi061 t11., d..,11.,a1.,d EaJ..111G11t aS l..yw1..1 in th.. Fluid Al..a Rativ Lal..ulal . Rear: 25 ft. + 5 ft. per floor above the first floor but not to exceed 50 ft. The location of the Rear Yard shall be as shown on the Yard Determination Sketch. 3 of 8 BUILDING ENVELOPE SKETCH YARD DETERMINATION SKETCH sCNESTA DRIVE Nw�oa• COLONY SUBWAY. YDE YARD REAR YARD YRONY YARD 1 ERONE D SIDE YARD 301 OC PDC 350 OCEAN DRIVE SIDE INA, YARo AN DRIVE rARD REAP YARD YARD REAR YARD O g o h Section 3. Amendment to Section 30-184 of the Village Code. Section 30-184 "Amount of required off-street Parking" of the Village Code of Ordinances is hereby amended to read as follows: Sec. 30-184. Amount of required off-street Parking. (a) The required off-street Parking spaces shall be provided and maintained on the basis of the minimum requirements listed in this article. Use Required Number of Spaces Special Conditions Additional Required Spaces (6) Hotel or Motel + per Unit. However, if the vehicles in the Parking Accessory Uses 65% of requirement if calculated as a Main Permitted Use .75 Garage are located in a Structure that is below Base Flood Elevation and the Parking Garage is operated as a valet service, then the parking spaces may be shown on the site plan in an anv arrangement, subject to the provisions in Section 30-73 of the Village Code. The site plan application shall include a valet parking plan that presents the arrangement of vehicles and how the service is to be operated and managed. Section 4. Resolution 2011-25 Any use established or building(s) constructed in accordance with Resolution 2011-25 may be re-established or re -constructed consistent with said Resolution in the event of damage or destruction caused by a w,ulalvi..,/liwi is curt vciil any natural disaster or other casualty. Section 5. Vested Rights Procedure. That the following procedure for determination of vested rights from the application of this Ordinance shall apply: (1) Nothing shall be construed or applied to abrogate the vested right of a property owner to complete development of a parcel in accordance with the Village Code in effect prior to the adoption of this Ordinance, where the property owner demonstrates vested development rights under Florida law. (2) Any property owner claiming to have vested rights must file an application with the Village for a vested rights determination within one hundred twenty (120) days after the effective date of this Ordinance. 6of8 (3) The application for a determination of vested rights shall contain a completed application form, as prescribed by the Village Manager, including a sworn statement as to the basis upon which vested rights are asserted, a description of the nature and scope of the vested rights claimed, and any supporting documentation. The application shall be accompanied by a processing fee of $500.00. (4) The Village Council shall hold a quasi-judicial hearing within one hundred twenty (120) calendar days of the Village's receipt of a complete application for a vested rights determination, and based upon the evidence submitted, shall make a determination as to whether and to what extent the property owner has established vested development rights under Florida law, and the nature of such vested rights. Upon completion of the hearing, the Village Council shall enter a written decision specifying the reasons for its decision to either grant or deny a fording of vested rights, and the scope and extent of the vested rights determined, if any. (5) Any property owner which has been granted a vested rights determination under this section shall not be subject to the specific regulations of this Ordinance, to the extent provided in the vested rights determination of the Village Council. Once the application is granted, the applicant shall be authorized to apply for development orders and permits in accordance with the vested rights determination. If the Village Council denies the applicant's request for a finding of vested rights, the applicant shall be subject to all requirements of this Ordinance. (6) Appeals from decisions by the Village Council under this section shall be by the filing of a Petition for Certiorari in the Circuit Court of the Eleventh Judicial Circuit in and for Miami -Dade County in accordance with the Florida Rules of Appellate Procedure for the review of the quasi-judicial decisions of municipal commissions or boards. Section 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 7. Conflicts. All ordinances or parts of ordinances, resolution or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 8. Effective Date. This Ordinance shall become effective immediately upon adoption on second reading PASSED AND ADOPTED on first reading this 22" day of November, 2011. 7of8 PASSED AND ADOPTED on second reading this 9th day of October , 2012. COTCHITA H. 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'iigomederam deliver a recorded *map —let reside. m. area know Laden Les Lift. VILLAGE OF KEY BISCAYNE NOTICE OF A PUBLIC HEARING OF AN ORDINANCE AMENDING SECTION 30-33(3) AND 30-73(5) OF THE CODE OF ORDINANCES AND AN ORDINANCE AMENDING THE HOTEL RESORT (HR) DISTRICT MM. IS DERBY GIVEN NW MEm e Daum, einem as local llama t4 aAge,yPAl, 44 Noaap,41. meeting an 560 Crandon goMeYaYP. ,YeY Con.. the proposed ` Nllnwnp the romole. of Ms UA xeanngearna AN ORDINANCE OF TIE VILLAGE OF KEY BISCAYNE. Of XME'MADECCONG DE SECTIONS BORDINSANCES, AMENDING THE SITE PLAN RENEW PROCEDIAM TOR OOxNY OF DENSITY PREVIOUSADDITIONAL Y APPROVED PURSUANTra AVALID DEVELOPMENT ORDER; PROVIDING FOR EFFECTNFNE R: PROVIDING LITY; PROVIDING CONFLICTS; AND RPROVIDING FION AN EFFECTNE DATE ORDIMMOS OF TNE MIME OF . DISOWN, PANNOIND SECTION .103 NEM RESORT MM.. MM..D4 PENDING FOP ANENDSIENTS TO SECTION 42(41 mums TO DIE P.N.S A.1 S. PROVIDING ANIWOMMYS TO SECTION NELANNS TO SECTION 23-129 ...SIN OF RECIAREO OFFSTR. PARKING. AND 1.10111.3,0100114 fON SWERABARY,RIN1112. FOR CONEU TN proposed C es m be 3414 at Ow Clerk's Mese, 33 Weet McIntyre Stn, Invhd to Mend Bela,. ear,. omens,. mit. comm. NI persons rillo a/e eel We need spec. accominesa Sege 220, Key &Mayne. FL 33.. Wrested vas art In Ibis proceeding Office 30..365.55.) nnl Iaterkman `cotiV DusmeXs0mnwwla suss mooted.(Ans a. won DisahiliSes Act el 1*0N. II a person ...este, appeal any slaw mule by oa Loony, respect to any meryer conyidered al a meeting or Maring.i. person nell need a record of the iamb. la we purpose, may need Mansura WI a verbena. of eanompon whichwamas to De Wed 28 MOM. NIIWe.erklm. MAC iami Nerall MiamiHerald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: TEDDY GONZALEZ II Who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: September 28, 2012 Affiant further says that the said The Miami Herald is a newspaper published at Miami, in the said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Miami -Dade County, Florida, for a period of one year next preceding the fast publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspapers(s). worn to axQ scrib€T6eft>f me this day of September, 2012 My Commission Expires: August I, 2014 Silvia Sendra SIIV A SENDDA X92 COMMISSION z OD 977782 ':SIRES' August I,Sets istd NoTayPial'rl r=