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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 P �.4 YsT�ETS 00 A /� T AX/4 LONG AWA LL 100' WIDE LOT BAYFR ONT PROPERTIES 60 De gree Triangle, 40' Dock * 50' Boat DRAWING SO URCE: VIZ B 2P DrrAR TM@NT WG?. 12/3I/* x7 3riet MJ.I'4jd 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 02011 Europ 1 Technologies 02011 - Goo 1e Pi nes Canal lL a Hurricane Harbor 28 Harbor P oint - • i�� _ Q 2071 Gaople 5 a ,. _ 2b1p _ 25'49'17.22"t! 80.1U28.18"W Dies' €111 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, Did you go to the 2011 Herald Hunt? .VT Take a quick online survey and you'll be entered In our drawing to WIN an Official MU Marlins T-shirt and baseball cap! Visit Heraldllunt.com now! r✓I rlilinl erd) A loving tribute made easy I!rsc! affor(r tr,ie ' Create a beautiful and memorable obituary online MiamiHerald.com/placead A Miami Herald obituary is a one -of -a -kind memorial to your loved one that family and friends will treasure. Just go to MiamiHerald.com/placead. Here you can: • Create your ad • Add a photo or graphic • Select the day(s) you want it to run • Order a commemorative plaque • Pay securely with a credit card It's simple, affordable and shows how much you care. Visit MiamiHerald.com/placead for details. Ehe fliamiMermla Flditmilaerotd.tom Teibr iami Kerala MiamiHerald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF MIAMI-DADE Before the undersigned authority personally appeared: IBIS VIERA Who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published in Broward County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: November 25, 2011 Affiant further says that the said The Miami Herald is a newspaper published in Broward County, Florida and that the said newspaper has heretofore been continuously published in said Broward County, Florida each day and has been entered as second class mail matter at the post office in Broward County, Florida, for a period of one year next preceding the first 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). Sworn to and subscribed before me this 29th day of November 2011 My Commission Expires: February 2 L, 20 L2 Rai oih Arana Al Notary NOTARY PUBLIC -STATE OF FLORIDA Rafael Arana -.pi ': Commission #DD761255 Expires: FEB. 21, 2012 BONDED THRU ATLANTIC BONDING CO., INC.