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Home My Public Portal About1997-17 Amending the Future Land Use Map of the Master Comprehensive MapORDINANCE 97-17 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne adopted its Comprehensive Master Plan on September 12, 1995; and Ordinance 95-8 accepted by DCA on October 20, 1995. WHEREAS, the State of Florida, Department of Community Affairs has found the Comprehensive Master Plan in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Village desires to amend the Future Land Use Map of the Master Comprehensive Plan and the proposed amendment affects the use of less than ten (10) acres and otherwise meets the criteria for a small scale development amendment as provided for in Section 163.3187(1) (c), Florida Statutes; WHEREAS, the Local Planning Agency, after a public hearing has recommended adoption of the amendment; and WHEREAS, the Village Council, after public hearing, hereby finds that the following amendment to the Comprehensive Master Plan is consistent with the State Plan, Regional Plan and the Village's Master Comprehensive Plan; complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and is in the best interest of the health, safety and welfare of the residents of the Village of Key Biscayne. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Future Land Use Map of the Comprehensive Master Plan of the Village of Key Biscayne is amended to change the land use designation from Medium Density Single Family Residential to Two Family Residential for those parcels of real property specifically described in Exhibit "A", attached hereto and incorporated herein. Section 2. The Village Clerk is directed to send a copy of this Ordinance and any required notices to the State of Florida Department of Community Affairs and the Regional Planning Council. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. The Plan Amendment set forth in this Ordinance shall be effective as follows: (a) Thirty-one (31) calendar days from the date of adoption, if no timely petition is filed challenging the Amendment or (b) if a timely petition is filed, the amendment shall become effective on the date the State of Florida, Department of Community Affairs or the Administration Commission issues a final order determining that the amendment is in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED on first reading this 24th day of June, 1997. PASSED AND ADOPTED on second reading this 26th day of August, 1997. JOHN F. FESTA, MAYOR ATT 0, ��.�t� � N. y@jam 4 �� . a ��,,a 's '_' Zi , r sr � 12/.. 3d#46, � rte, i t J � CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: PCjRN`/ RICPIAARD J. WEISS, VILLAGE ATTORNEY EXHIBIT "A" Propertv Address 240 FERNWOOD RD Legal Description PB 53-39 LOT 1 BLK 21 LOT SIZE 71.960 X 100 OR 14376-3219 0789 5 250 FERNWOOD RD PB 53-39 LOT2 BLK21 LOT SIZE 80.880 X 100 OR 14505-2324 0390 4 260 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 3 BLK 21 LOT SIZE 76.940 X 100 73R-305409 270 FERNWOOD RD PB 53-39 LOT4 BLK21 LOT SIZE 76.940 X 100 OR 17169-4394 0296 1 280 FERNWOOD RD PB 53-39 LOT 5 BLK 21 LOT SIZE 76.940 X 100 OR 17313-1256 0596 4 290 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 6 BLK 21 LOT SIZE 76.940 X 100 OR 14436-444 0290 4 300 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 7 BLK 21 LOT SIZE 76.940 X 100 OR 11130-1893 0581 1 310 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 8 BLK 21 LOT SIZE 76.940 X 100 OR 9193-832 EXHIBIT "A" Property Address Legal Description ) ) 330 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 9 BLK 21 LOT SIZE 76.940 X 100 714 FERNWOOD RD LOT 1 BLK 17 LOT SIZE 77.360 X 100 OR 15735-1783 1192 1 726 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 2 BLK 17 LOT SIZE 77.260 X 100 OR 16606-0066 1294 1 738 FERNWOOD RD LOT 3 BLK 17 LOT SIZE 77.260 X 100 OR 11847-646 0683 6 750 FERNWOOD RD LOT 4 BLK 17 LOT SIZE 77.260 X 100 OR 13143-2620 1286 4 762 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 5 BLK 17 LOT SIZE 77.260 X 100 OR 13261-2539 0487 1 774 FERNWOOD RD LOT 6 BLK 17 LOT SIZE 77.260 X 100 OR 9490 1306 786 FERNWOOD RD LOT 7 BLK 17 LOT SIZE 77.260 X 100 EXHIBIT "A" Property Address 798 FERNWOOD RD Legal Description BISCAYNE KEY ESTS PB 50-61 LOT 8 BLK 17 LOT SIZE 81.770 X 100 OR 10008 591 0278 1 ) &E�:18151 P[07 1 9 ORDINANCE 97-17 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING FOR A SMALL SCALE DEVELOPMENT AMENDMENT TO THE VILLAGE OF KEY BISCAYNE COMPREHENSIVE MASTER PLAN; AMENDING THE FUTURE LAND USE MAP DESIGNATION FROM MEDIUM DENSITY SINGLE FAMILY RESIDENTIAL TO TWO FAMILY RESIDENTIAL FOR SEVERAL PARCELS OF REAL PROPERTY LOCATED ON FERNWOOD ROAD; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village of Key Biscayne adopted its Comprehensive Master Plan on September 12, 1995; and Ordinance 95-8 accepted by DCA on October 20, 1995. WHEREAS, the State of Florida, Department of Community Affairs has found the Comprehensive Master Plan in compliance with the Local Government Comprehensive Planning and Land Development Regulation Act; and WHEREAS, the Village desires to amend the Future Land Use Map of the Master Comprehensive Plan and the proposed amendment affects the use of less than ten (10) acres and otherwise meets the criteria for a small scale development amendment as provided for in Section 163.3187(1) (c), Florida Statutes; WHEREAS, the Local Planning Agency, after a public hearing has recommended adoption of the amendment; and WHEREAS, the Village Council, after public hearing, hereby finds that the following amendment to the Comprehensive Master Plan is consistent -with the State Plan, Regional Plan and the Village's Master Comprehensive Plan; complies with the requirements of the Local Government Comprehensive Planning and Land Development Regulation Act; and is in the best interest of the health, safety and welfare of the residents of the Village of Key Biscayne. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. The Future Land Use Map of the Comprehensive Master Plan of the Village of Key Biscayne is amended to change the land use designation from Medium Density Single Family Residential to Two Family Residential for those parcels of real property specifically described in 'RU:18151Pf0720 Exhibit "A", attached hereto and incorporated herein. Section 2. The Village Clerk is directed to send a copy of this Ordinance and any required notices to the State of Florida Department of Community Affairs and the Regional Planning Council. Section 3. If any section, sentence, clause or phrase of this Ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Ordinance. Section 4. The Plan Amendment set forth in this Ordinance shall be effective as follows: (a) Thirty-one (31) calendar days from the date of adoption, if no timely petition is filed challenging the Amendment or (b) if a timely petition is filed, the amendment shall become effective on the date the State of Florida, Department of Community Affairs or the Administration Commission issues a final order determining that the amendment is in compliance with Chapter 163, Florida Statutes. PASSED AND ADOPTED on first reading this 24th day of June, 1997. PASSED AND ADOPTED on second reading this 26th day of August, 1997. JOHN F. FESTA, MAYOR ATT ,d/A, CONCHITA H. ALVAREZ, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: RICHARD J. WEISS, VILLAGE ATTORNEY 1.• VILLAGE OF KEY BISCAYNE FLORIDA Proposed Master Plan Amendment From Medium Density Single Family Residential to Two Family Residential 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 dwelling units on lots of at least 7,500 sq ft of net area. Other uses allowed on land within this c^''0;ory include public parks, primary and secondary schools, houses of worship and public utility facilities rl isary to serve the uses wihin this category. The 7,500 sq ft lot size limitation shall not preclude the continued use, development or redevelopment of a single family detached home or two single family attached dwelling units on a smaller lot where such lot or parcel was platted or otherwise of record prior to adoption of this Plan. RF.C.°f`. I8 I51Pcp122 EXHIBIT "A" ( ( Property Address 240 FERNWOOD RD Leza1 Description PB 53-39 LOT 1 BLK 21 LOT SIZE 71.960 X 100 OR 14376-3219 0789 5 250 FERNWOOD RD PB 53-39 LOT 2 BLK 21 LOT SIZE 80.880 X 100 OR 14505-2324 0390 4 260 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 3 BLK 21 LOT SIZE 76.940 X 100 73R-305409 270 FERNWOOD RD PB 53-39 LOT4 BLK21 LOT SIZE 76.940 X 100 OR 17169-4394 0296 1 280 FERNWOOD RD PB 53-39 LOT 5 BLK 21 LOT SIZE 76.940 X 100 OR 17313-1256 0596 4 290 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 6 BLK 21 LOT SIZE 76.940 X 100 OR 14436-444 0290 4 300 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 7 BLK 21 LOT SIZE 76.940 X 100 OR 11130-1893 0581 1 310 FERNWOOD RD TROPICAL ISLE HOMES SUB 4TH LOT 8 BLK 21 LOT SI7F 76.940 X 100 OR 9193-832 R«: 18 ! 5 I P[Or23 EXHIBIT "A" Property Address 330 FERNWOOD RD Legal Description TROPICAL ISLE HOMES SUB 4TH LOT 9 BLK 21 LOT SIZE 76.940 X 100 714 FERNWOOD RD LOT 1 BLK 17 LOT SIZE 77.360 X 100 OR 15735-1783 1192 1 726 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 2 BLK 17 LOT SIZE 77.260 X 100 OR 16606-0066 1294 1 738 FERNWOOD RD LOT 3 BLK 17 LOT SIZE 77.260 X 100 OR 11847-646 0683 6 750 FERNWOOD RD LOT 4 BLK 17 LOT SIZE 77.260 X 100 OR 13143-2620 1286 4 762 FERNWOOD RD BISCAYNE KEY ESTS PB 50-61 LOT 5 BLK 17 LOT SIZE 77.260 X 100 OR 13261-2539 0487 1 774 FERNWOOD RD LOT 6 BLK 17 LOT SIZE 77.260 X 100 OR 9490 1306 786 FERNWOOD RD LOT 7 BLK 17 LOT SIZE 77.260 X 100 RE:ICMIrlUt01 EXHIBIT "A" Property Address 798 FERNWOOD RD Legal Description BISCAYNE KEY ESTS PB 50-61 LOT 8 BLK 17 LOT SIZE 81.770 X 100 OR 10008 591 0278 1 P.18151 Pr0i25 VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council John F. Festa, Mayor Mortimer Fried, Vice Mayor Martha Fdez-Le6n Broucek Gregory C. Han Hugh T. O'Reilly Michele Padovan Betty Sime Village Clerk Conchita H. Alvarez CERTIFICATION STATE OF FLORIDA COUNTY OF DADE I, Conchita H. Alvarez, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Ordinance No. 97-17, adopted by the Village Council on August 26, 1997. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this l l th day of June , 1998. 7 w M i 1&./4,6A4r ita H. Alvarez e Clerk ge of Key Biscayne, Florida 85 West McIntyre Street • Key Biscayne, Florida 33149 • ( 305) 365-5506 • Fax: ( 305) 365-8936 • Internet: http://vkb.key-biscayne.fl.us MISSION STATEMENT '1'0 PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT." nrr. 1 8 (5 � Pia%� ncc. DOCUMENT COVER PAGE FOR ORDINANCE 97-17 This instrument was prepared by: Record and return to: David M. Wolpin, Esq. Weiss, Serota Hellman Pastoriza & Guedes, P.A. 2665 South Bayshore Drive Suite 420 Miami, FL 33133 RECORDED !!v' CIFFICINL RECORDS BOCE OF DADE COUNTY, FLORra. RECORD VERIFIED HARVEY RUVIN