HomeMy Public PortalAbout2011-15 Amending Section 30-100-F-4 of the V Code re Docks and Mooring PilesORDINANCE NO. 2011-15
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING SECTION 30-100(F)(4) OF THE VILLAGE
CODE OF ORDINANCES RELATING TO DOCKS AND
MOORING PILES WITHIN THE SINGLE FAMILY DISTRICTS;
PROHIBITING DOCKS ON CERTAIN PROPERTIES; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village of Key Biscayne (the "Village") currently regulates
docks within the Village; and
WHEREAS, on February 8, 2011, the Village Council adopted Ordinance 2011-1
creating the Dock Advisory Board in order to study and evaluate the existing dock and
mooring pile regulations within the Village, and to provide recommended changes to
such regulations to the Village Council; and
WHEREAS, the Village Council, sitting in its capacity as the Local Planning
Agency, has reviewed this Ordinance and recommends approval; and
WHEREAS, after review and consideration of the Dock Advisory Board's
recommendations, the Village Council desires to amend the Village Code of Ordinances
as provided for within this Ordinance; and
WHEREAS, the Village Council hereby finds 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 FOLLOWS1:
Section 1. The preceding "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
1 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 2. Section 30-100(0(4) of the Village Code Amended. The Village
Council hereby amends the Village Code as follows:
Sec 30-100. Single Family and Two Family district
***
(f) Permitted encroachments in Required Yards.
***
(4) Docks and mooring piles.
These regulations shall apply to all properties within the single family districts, unless
addressed in the specific regulations. For purposes of this section, properties shall be
identified as provided for in the Village Waterfront Property Map.
VILLAGE Of KEY BISCAYNE
WATERFRONT PROPERTY MAP
I
0
Mines 4.�� �'
HURRICANE HARBOR/
SMUGGLERS COVE
II" 61 SCAYNE BAY
NIYON BEACH
INLAND CANALS
General Requirements
Re ulations
Re uirements
Building Permit Required
No docking facility shall be constructed without prior
written approval by the Building, Zoning and Planning
Department. The Village may deny a permit for any
docking facility which is determined, under the criteria
provided herein and by applicable law, to be
detrimental to the equitable, safe, and adequate
navigation of all Waterways in the Village including
Biscayne Bay.
Setbacks for docks, davits,
Minimum setback shall be the side setback in the
fender pilings, watercraft and
applicable zoning district extended into the water. No
mooring piles
portion of a watercraft, including, but not limited to,
the bow pulpit, engines, & dive platforms shall
encroach into the required setback.
Mooring pile height.
Maximum height of a mooring pile shall be 13 ft.
above NGVD (National Geodetic Vertical Datum).
Tender
For purposes of this section, a tender shall be
considered a watercraft if it is in the water.
Boat lift & lift arm
A boat lift or boat arm shall not encroach into the
minimum required setback extended into the water.
The bottom of a watercraft on a boatlift shall be no
more than six inches above the mean high water mark.
Legal nonconforming docks and
The re -decking, replacement or repair of a legal
mooring piles
nonconforming dock or mooring pile is permitted if it
is within the same footprint as the original dock or
mooring piles. A legal nonconforming dock or
mooring pile that is destroyed or damaged by a natural
disaster may be rebuilt within the same footprint as the
original dock and mooring pile if a building permit is
obtained within two years of the date of said
destruction.
Maximum Number of slips and
There shall be no more than two boat slips per
guest watercraft
property. One guest boat is allowed if moored no more
than 24 hours.
Measurement from mangroves
Whenever mangroves are situated on a property, any
required measurements shall be from the water's edge
e
of said mangroves.
Fender Piles
Where the width of a waterway does not permit a dock
or mooring pile, fender piles may be placed at a distance
not to exceed 18 inches from the bulkhead.
3
Specific Regulations
Regulations
Canal
Hurricane Harbor &
Bavfront Properties
Smu 1er's Cove
Dock projection
A dock shall be
A dock shall be
A dock shall be permitted to project a
& parallel
permitted to project a
permitted to project a
maximum of 40 ft. from the property
length
maximum of 10 ft. or
maximum of 20 ft. or
line. Notwithstanding the foregoing, a
10% of the Waterway
20% of the Waterway
dock, including mooring piles, shall be
width, whichever is
width, whichever is
permitted to project a maximum of 100
less.
less.
ft. from the property line for properties
located at 1.3.5.7,9,& 11 Harbor Point if
the adjacent property owner(s) consent
in writing. If there is a concave or
convex property line, projection of one
side of the dock may exceed the
maximum permitted length of the dock
by no more than six ft. The maximum
length of a dock parallel to a bulkhead
shall be 55 ft.
Mooring pile
The maximum
The maximum
The maximum mooring pile projection
projection and
mooring pile
mooring pile
shall be 20 ft. from a dock. Maximum
distance
projection shall be 25
projection shall be 35
distance between mooring piles shall be
requirements
ft. from the bulkhead
ft. from the bulkhead
55 ft.
or 20% of the
or 20% of the
Waterway width,
Waterway width,
whichever is less.
whichever is less.
Triangle
N/A
N/A
A 60 degree triangle shall be required,
except for those properties located at 1,
3,5,7,9, &11 Harbor Point. Baseline of
the triangle is required to be greater than
or equal to 100 ft. The dock or boat lift
shall be located within the triangle.
Mooring_ piles, boat lift arms, and
watercraft are permitted outside of the
triangle. (See, illustration below).
Max, length of
N/A
N/A
50 ft.
watercraft
Site specific
N/A
N/A
See below, the Site Specific Regulations
regulations
Map for the following properties: 400 S.
Mashta Dr., 420 S. Mashta Drive, and
28 Harbor Point Drive. Docks and
moorings are prohibited on the
following properties: 400 Harbor Dr.
through and including 500 Bay Lane.
4
Perpendicular
N/A
No watercraft shall
N/A
dock restrictions
extend beyond the end
of a dock
perpendicular to a
bulkhead by more than
10% of the length of
the perpendicular
dock. For purposes of
this section, a
perpendicular dock is
a dock whose length
from the bulkhead is at
least twice the length
of that portion of the
dock parallel to a
bulkhead.
5
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T AX/4 LONG AWA LL
100' WIDE LOT
BAYFR ONT PROPERTIES
60 De gree Triangle,
40' Dock * 50' Boat
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44
Mashta Island
Dock d boa1M
permitter! here
Site Specific Regulation Map
400 8 420
South Mashta Drive
Smuggl ers Cave
No deck or baattitt
p ermige0 hero
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Pi nes Canal
lL a
Hurricane Harbor
28 Harbor P oint
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a. General Regulations. No docking facility within the single family districts in tho
Village of Key Biscayne shall be constructed without prior writton approval by tho
Village of Key Biscayne Building, Zoning and Planning Department. Tho Villago
the criteria prov; ied herein -and_ y—applieable law, to be detrimental to the equitable, safe,
1. All docks, davits, fenders, watercraft and mooring piles shall be set back a
Geodetic Vertical Datum).
3. No more than two slips shall be permitted per residonce. Slip(s) which aro
occupied by a guest may be moored no longer than 21 hours.
/1. A tender shall not be considered as a watercraft.
c N„ dock Shan p e t within 50 f et f., broay. ter
6. No dock shall be within 25 feet of a marked channel.
7. A boat lift may project from a dock within the applicable 45 or 60 do. 00 trianglo
but may not encroach the required ten foot side yard setbacks. Lift arms may extend
S. The maximum height for a watercraft on a boat lift is such that the keel may be no
more than five inches above the Mean High Water Level.
9. Maximum Dock and Mooring Pile Extensions from a Property Line.
a. Canal. No dock shall oxtond from a property line into any canal a distanco
greater than ten feet, or ten percent of the width of the waterway, whichever is
less. No mooring pile shall extend from a property line into any canal a distanco
greater than 25 feet or 20 percent of the canal width, whichever is less. The dock,
watercraft and any mooring pile shall fit within a 15 degree triangle.
b. Hurricane Harbor and Smuggler's Cove. No dock shall extend from a property
line into Hurricane Harbor or Smuggler's Cove a distance greater than 20 feet or
ten percent of the waterway, whichever is less. No mooring pile shall extend from
a property line into Hurricane Harbor or Smuggler's Cove a distance greater than
35 feet or 20 percent of the channel width, whichever is less. The dock, watercraft
and any mooring piles shall fit within a 15 degree triangle.
9
e. Biscayne Bay. No dock shall extend from a property line into Biscayne Bay a
distance greater than 10 feet. Tho dock and watercraft shall fit within a trianglo
with 60 degree angles along the base of tho triangle. Tho baseline of tho triangle
shall not exceed 100 feet. No mooring pile shall extend more than 20 feet from a
Bay. Mooring piles are permitted outside of the 60 degree triangle.
10. Where the width of a waterway does not permit the placement of a dock or outer
inches from the bulkhead.
b. Specific Regulations. The following provisiens shall apply only to those properties
located ..long Bi c.,yne B.,y at 200 through and ; clud ng 398 Harb r Tlr;ye:
itfiangiel
z1 N„ .lock 3h ll x
eten from ., porty line into B;3caylle Ba a .1i to ce greater
than 10 feet. The dock shall fit within a triangle with 60 degree angles along tho baso
2. No mooring pile shall extend more than 20 feet from a dock and may not extend
more than 60 feet from the property line into Biscayne Bay. No more than two
3. If the property line is a concave or convex arc, the projection of one side of tho
dock may exceed the 10 foot maximum by no more than six feet.
1. No more than one slip shall be permitted per residence. A watercraft owned by a
guest may be moored no longer than 21 hours within a slip.
5. No dock or mooring pile shall project within 60 feet of a breakwater.
6. A boat lift shall not encroach into the required ten foot side yard setbacks. Lift
mew.
7. The maximum height for a watercraft on a boat lift is such that tho bottom of tho
watercraft may be no more than six inches above the Mean High Water Level.
8. A watercraft shall net exceed a maximum of 50 feet in length overall (LOA).
length of a dock running parallel to the property shall not exceed 50 feet.
10
Section 3. 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 4. Conflicts. All ordinances or parts of ordinances, resolution or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 5. Effective Date. This Ordinance shall become effective immediately
upon adoption on second reading
PASSED AND ADOPTED on first reading this 22nd day of November, 2011.
PASSED AND ADOPTED on second reading this 6th day of December, 2011.
MAYOR FRANKL CAPLAN
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY. +CORi
VILLAGE ATT 1+i� EY
11
THE MIAMI HERALD I MiamiHerald coin LOCAL & STATE
MI
FRIDAY, NOVEMBER 25, 2011 1 5,13
BROWARD COUNTY
Sunrise official quits county race
BY SUSANNAH BRYAN
Sun Sentinel
Sunrise City Commis-
sioner Sheila Alu says she
will not run for a seat on
the Broward County Com-
mission next year aver all.
Ale said she decided to
pull out ofthe race because
she has been promoted to
the sex crime unit the
Broward state attorney's
office, where she works as a
prosecutor.
"Maybe by withdrawing
early someone will cone
forward who is qualified
for the seat," Alu said
Wednesday. "My passion
really is being a prosecutor.
I know people are going to
be really upset"
Ala was considered afa-
vorite in the race.
Lauderhill City Com-
missioner Howard Berger
andFort Lauderdale resi-
dent Willie F. Roberson
have also filed to run for
the District 1 seat now held 'Maybe by withdrawing early someone
by County Commisioner
!rare Lieberman. Lieber- Iviil come forward who is qualified for
man cannot run for reelec- the seal. — Sunrise City Commissioner Sheila Alu, on
tioneecaue of term limits. calling off her bid for Broward County commissioner
Berger chafed at Alu's
comment
that she
hoped
"good can-
didates"
would
come
forward.
,uu "I don't
know why
she would say that," Berger
said "She doesn't lmow me
at all If she's implying that
I'm not qualified, that's
ridiculous."
Roberson dismissed
Alu's remark
"I'm still in the rare, will
stay in the race and will
win this race," Roberson
said. "This is mine."
Alu announced her run
for County Commission in
CLASSICAL MUSIC REVIEW
August, saying she had Lie-
benoan's blessing,
On Wednesday, Alu said
she had told Lieberman's
husband, attorney Stuart
Michelson, of her plan to
withdraw.
"I've called my support-
," Alu said "A lot of
them were disappointed,"
Lieberman said, "Sheila
would have been a good
candidate, but I under-
stand her decision, and I
respect it
Alu said she had raised
more than 120,000 for the
a paign, and planned to
refund the money to
donors.
"The demands of my re-
cent promotion as an As -
sistan1 State Attorney to
the Sex Crimes Unit will
focus my attention on the
victims of these types of
heinous crimes and will
not allow me the time re-
quired to serve as a County
Commissioner," Alu wrote
in email, "1 will contin-
ue to serve as a part-time
Sunrise City ComrWsion-
erand, of course, be active
in public policy issues af-
fecting my constituency,
family, profession and
community at large."
A Sunrise city commis-
sioner since 2001, Alu
made headlines two years
ago after revealing she
worked as an undercover
FBI informant to take
Ensemble delivers joyful show
I0 Frost Wind Ensemble
prepped the audience
for the holidays with
works by Leonard
Bernstein, John Mackey
and Steven Bryant.
BY LAWRENCE RUMEN
South Florida Classical Review
The Frost Wind Ensem-
ble, in pre -holiday mode,
made a joyful noise at the
University of Miami's Gus -
man Concert Hall,, offering
recent
scores by
John Mack-
ey and Ste-
ven Bryant
and an
American
class
Assistant
conductor
Christopher Cicconi opened
the proceedings Tuesday
night with the band version
of Profanation, the second
movement of Leonard Bern -
stein's Symphony No. (Jere-
miah) Although the early
score is based oa the Lamen-
tations of Jeremiah, the
brash,jazzy vigor of this 1942
scherzo presages the music
of Fancy Free and West Side
Story.
This excerpt is quintes-
sential Bernstein and Cieco-
nl's crisp performance cap-
tured that up -tempo, bright-
ly -colored musical aura. The
ensemble's blazingbrass and
xylophone -inflected percus-
sion did full )usflce to Bern -
stein's brand of biblical,
Americana -
John Mackey wrote 1,15
Harvest Concerto in 2009 for
trombonist Joseph Alessi, a
legendary pedagogue at the
Juilliard School and long-
thne principal with the New
York Philharmonic, In many
ways this recent pieces jux-
taposition with the Bern-
stein work was totally appro-
priate, since Mackey's flashy
concerto has a similar irre-
pressible zest and
spontaneity.
Mackey based hiswork on
the myth of the Greek god
Dionysus with the trombone
as the voice of the protago-
nist. In three connected sec -
dons, the 1B -minute concerto
is a cycloramie feast ofshift-
ing moods and instrumental
hues. Aber initial, barely au-
dible rumblings, the trom-
bone emerges with wild, stri-
dent motifs against the rau-
cous ensemble e a festive
celebration only to conclude
with a descending solo slide
as one life cycle ends.
Depicting winter, the sec-
ond section features ahawu-
ing, sadly -inflected melody
for the solo trombone, un-
derpinned by prominent.
roles for the hasp and piano.
In the festive rebirth andbac-
chanalia of the finale. short,
tangy figurations bubble up
from the ensemble as the
trombone throws off rapid
leaps, the winter theme re-
turning triumphantly at the
worlds conclusion
Mackey's instrumental
mastery and melodicinven-
tton carry the day, and he
could not ask fora more bril-
liant soloist than Alessi
Whether spinnbsg the long,
windingmelndic lines of the
slow movement, the fast
slides and groans of the ec-
static rituals or the pyrotech-
nical tour de force of the final
section, Alessi showed him-
selfanabsolute master ofthe
instrument, bringing color,
subtlety and passion to
Mackey's impressive show-
piece. Gary Green conduct-
ed with hard -driving vigor,
drawing incisive, unbridled
playing from the ensemble
d enjoying a prolonged,
cheering ovation along with
Alessi and Mackey.
Steven Bryant's Concerto
for Wind Ensemble was a
short 2007 work to which he
added four more movements
in 2010 as a commission from
consortium of music
schools including UM Frost
]3ryant's aim was to display
the virtuosity of theensem-
ble, the concert band equiv-
alent of Bartok's Concerto
for Orchestra Employing a
surround -sound perspec-
tive, the composer places
players at the sides and rear
of the hall.
There are striking mo-
ments In Bryant's work The
stir
TAILOR-MADE: 'Harvest
Concerto' was written
For Joseph Alessi
first fortissimo roar of the
full ensemble and antipho-
nal forces perks up the ears.
A moody hom solo over mal-
let percussion provides a
striking interlude, The dense
figurations of two flutes with
tinkling harp dot the second
movement. A jazz tune
played on the trumpet by the
composer's father years ago
becomes the principal the-
matic material of the light,
dashing third movement.
The gloomy heaviness of
the following segment is
considerably less appealing,
Office of the Village Clerk
VILLAGE OF KEY BISCAYNE
NOTICE OF PUBLIC HEARING OF
AN ORDINANCE AMENDING
DOCK REGULATIONS
NORM is hereby given Mal the Village Council, In Its esy000y
n the Local Planning Agency, will hold a puhlic meeting on
TIMFFNLFRIMImbm6,2011 at3AOOM IU to C000s6CRtembet,
5W1 Crandon Boulevard, Key Biscayne, Florida. The purpose of
the 0dbtto timatetg es'h emn00rr pad nudes eorreni dalhn
to the Village Council, In its capacity as the governing body of
Me Village, regarding the Ordinance described below.
AN ORDINANCE OF THE VILLAGE OF KEY 01SCAYNE,
FL0R11A,AMFNOIN6 SECTION 30.1001FJI1j OF THE VtLLAO£
CODE OF ORDINANCES RELATING TO DOCKS AND MOORING
PILES WITHIN THE SINGLE FAMILY DISTRICTS; PROHIBITING
060108 ON CERTAIN PROPERTIES; AND PROVIDING FOR IAN
EFFECTIVE DATE.
?LEA5E NOTE Thal the Village Council of Key Biscayne, Hmfda,
tril hold a public hearing and second reading on OR prbpoead
(Whim described above on Tuesday, December 6, 2011,
bmmdIWIJy following the Local Planning Agency molten
ndllxd aline, at the Council Chamber, located al MD Crandon
Renamed, p0' Blxtyrlr, Fldbt:
The proposed Ordinance may be inspected by the public B
the BNka of ha VIIMge Clerk Interesled parties may appearld
Dm Public Hearing and he heard with respect to the what*
Ordinance. Any person wishing la address the Village COI 11
ran any Item at Ihls Public Hearing is asked to reglsler toMh Oae
Vase Clerk prbr to !bantam being heard.
In accordance with the Americans With Disabilities Act el
1990, all persons who are disabled and who need apdgAd
etcormredetbria to participate ht this proceeding because el
Mal disability should contact the Office of the Village Week,
BB West McIntyre Street, Suite 220, Key Biscayne, Hmdl
33149, telephone number (305) 365-5506, not laler than 1161
Wariestdays ptbf la MO p(CD0l01IB,
Should any person desire to appeal any decision of Diegttlre
Counc1 with respect to any matter to be considered al O4
meeting, That person shell Insure that a verbatim record oft*
pror, et1rglh pladandts11 an tneikn tlyandtrl4i11nineM
wgdch any appeal may be based (ES. 286,0105).
Carmen& or any Inlerested party relative to Ms mallet may
M submllted in writing and w presented In person *the
paPIil hearing.
Conchifa H. Alvarez,MMC
Vilsge CNrk'
and the pealing brass rho -
sales and fug -throttle per-
cussion of the conclusion
sound liken innumerable oth-
ntemporary fanfares.
Ultimately, the fragments do
not coalesce into a tightly -
conceived whole, and Bry-
ant'spiece has more rhetoric
than substance.
The score does succeed in
providing a bravura ensem-
ble vehicle that requires ev-
ery instrument and section
to play to the very limits of
their capacity. Under
Green's enthusiastic leader-
ship, the Frost players
emerged triumphant.
The greatly -improved
quality of student players at
UM's music school has been
consistently impressive this
fall, and the Frost Wind En-
semble's performance of
Bryant's challenging work
wm dazzling.
down corrupt politicians,
including former Broward
School Board member
Beverly Gallagher.
Alu made headlines
again this month after sin-
gle-handedly blocking a
religious ceremony that in-
volved the slaughter of
lambs and goats from tak-
ing place in Sunrise. It was
moved to an undisclosed
location.
PoStical observers have
questioned whether Alu
might one day run for the
state attorney's seat held
by her boss, Mike Satz
Alu quelled such specu-
lationnn Wednesday.
"I'm not running for
state attorney while MOm
Satz is in the seat," she
said.
Broward's state at-
torney since 1976, is run-
ning for reelection in 2012.
So far, attorney Jim Lewis
i his only challenger.
j 1 SUNRISE
Man in fight
stabbed, will
recover
sun sentinel
A Thanksgiving after-
noon argument in Sunrise
sent a man to the hospital
with**, wounds,
According to Officer
Cindy McCue, two men
were arguing in the 6000
block of West Oakland
Park Boulevard shortly af-
ter 3 p.m. when one man
stabbed the other.
The wounds were not
life -threatening, the officer
said, and the victim drove
himself from the scene. He
ended up at Broward Gen-
eralMedlcal Center in Fort
Lauderdale.
McCue could not identi-
fy either man or say what
they were fighting about.
The case was still under
investigation. No charges
had been filed as of Murs-
daynight,
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