HomeMy Public PortalAbout1997-22 Amending Chapter 30 Zoning creating Specific Zoning District RegulationsORDINANCE NO. 97-22
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE
FLORIDA; AMENDING CHAPTER 30 "ZONING" OF THE
VILLAGE CODE, BY CREATING ARTICLE IV "SPECIFIC
ZONING DISTRICT REGULATIONS" CONSISTING OF
SECTION 30-80 "WATERFRONT RECREATION AND OPEN
SPACE ("WR") ZONING DISTRICT, AUTHORIZING
CERTAIN USES AS PERMITTED USE SUBJECT TO SITE
PLAN APPROVAL AFTER PUBLIC HEARING; PROVIDING
FOR REZONING OF CERTAIN LAND FROM COUNTY
ZONING DISTRICTS, BY REZONING PARCEL AT 180
HARBOR DRIVE FROM COUNTY RU -3M ZONING
DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND
REZONING A VACANT PARCEL LYING IMMEDIATELY
TO THE SOUTHWEST FROM COUNTY RU -1 ZONING
DISTRICT TO VILLAGE "WR" ZONING DISTRICT AND
REZONING CERTAIN PARCEL AT 685 OCEAN DRIVE
FROM COUNTY RU -4A ZONING DISTRICT TO VILLAGE
"WR" ZONING DISTRICT; PROVIDING FOR REVISION OF
ZONING MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council desires to adopt zoning district regulations and to rezone
property for the purpose of implementing the Waterfront Recreation and Open Space ("WR") Zoning
District classification provided for in the Future Land Use Map included in the Village's
Comprehensive Plan; and
WHEREAS, the Village Council desires to amend the land development regulations
providing by Chapter 30 "Zoning" of the Village Code in a manner which will further enhance the
quality of life in the Village; and
WHEREAS, this Ordinance shall serve to accomplish such purpose; and
WHEREAS, in accordance with Section 20-1 of the Village Code, the Village Council has
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been designated as the local planning agency for the Village pursuant to Section 163.3174, Fla. Stat.;
and
WHEREAS, the Village Council has reviewed this Ordinance and has determined that the
regulations provided herein are consistent with the applicable provisions of the Comprehensive Plan
of the Village.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That Article IV, "Specific Zoning District Regulations" of Chapter 30 "Zoning"
of the Code of the Village of Key Biscayne is hereby created by adoption of Section 30-80
"Waterfront Recreation and Open Space Zoning District" to read as follows:
Article IV - Specific Zoning District Regulations.
Section 30-80. Waterfront Recreation and Open Space Zoning District.
(A) Establishment Of District. For the purpose of protecting the public health, safety
and welfare, the Waterfront Recreation and Open Space "WR" Zoning District is
hereby created.
(B) Map. Said WR district is bounded as shown on the map entitled "Village of Key
Biscayne Zoning Map," initially adopted on the 26th day of March, 1996, as
amended from time to time, with all explanatory matters thereon, including the
amendment provided by Section 2 of this Ordinance, and is hereby made a part of
this Ordinance.
(C) Permitted Uses. No building or land shall be used and no building shall be erected
or constructed on any lot in the WR-Waterfront Recreation and Open Space Zoning
District, except for the following uses:
1. Private uses, including private beach front areas, private recreational
facilities, private marinas, private clubs, and accessory uses including, but not
limited to, clubhouses, recreational areas, and dockmaster's building.
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2. Public uscs, including marinas, parks, playgrounds, and municipal buildings.
3-2. Any use permitted in the VR - Village Residential District, VE - Village
Estate District, IR - Island Residential District, PS - Park Side District, as
component of a use listed in paragraph C(1) above.
4:3. Other residential uses, including two family residential, and multi -family
residential not exceeding a maximum of 12.5 units per acre, so long as made
a component of a use listed in C(1) above..
The term private recreational facility, as used above, shall include private clubs and shall
mean a non-commercial, private facility designed to provide recreational and social activities for its
users. The improvements within such a facility may include docks, tennis courts, swimming pools,
and buildings (including a clubhouse) which are directly related to and supportive of the recreational
and social activities. A clubhouse may include dining rooms, exercise rooms, card rooms, lounges
and similar facilities designed to serve the private needs of the users.
(D) Development Parameters
The Building Zoning and Planning department shall, when considering an application for
development in the "WR" District apply the lot coverage, height restrictions and other applicable
zoning regulations prescribed herein below.
1)Lot Coverage
The maximum lot coverage shall be 15%
Lot coverage shall include the area of the lot covered by all buildings, covered structures,
and non roofed areas enclosed by walls (excluding building walls) which exceed six feet
in height. Lot coverage shall specifically include any boat storage facility (rack) which
exceeds ten feet in height when measured from the ground to the top of the uppermost
boat.
Additionally, an increase of up to 5 percent of Lot_Coverage is permitted for
Porches, Gazebos or similar structures.
2) Height
(a)The maximum height of the principal building(s) shall be limited to 35 feet.
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(b)The height of buildings shall be the overall height as measured from the base
flood elevation to the highest point of the building roof. Architectural elements
including but not limited to cupolas, chimneys, observation towers may be
permitted to exceed the aforementioned height requirements up to a maximum
height of 45 feet.
3)Minimum setbacks.
Principal building setbacks shall adhere to the following:
a) Bay front.
No building may be constructed closer than 25 feet to any property line adjacent
to Biscayne Bay .
b) Ocean front.
No Building may be constructed seaward of the established Coastal Construction
Control Line.
*The aforementioned setbacks apply to principal buildings. Limited Boardwalks,
Gazebos, Lifeguard stands or similar structures may be permitted to encroach into
the established setback line.
(E) Site Plan Review and Public Hearing Required
(1) The development or substantial re- development of any buildings and or lands
within the WR districts shall be permitted only after a public hearing at which all
interested parties are offered the opportunity to be heard upon the proposed site plan.
The Building, Zoning and Planning department must find in order to recommend
approval to the Village Council that the proposed project or facilities:
(a) Comply with each of the applicable criteria listed in paragraph D
above; and
(b) Are designed and scaled to be compatible with adjacent developments
and the surrounding neighborhood; and
(c) Will not create excessive, noise, traffic, illumination or other noxious
impacts; and
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(d) Will comply with the environmental characteristics referenced in
paragraph E(3) below.
(2) In connection with the approval of the site plan, the Village Council may
impose reasonable limitations on the use (including, but not limited to, hours
of operation) to insure the compatibility of the use with adjacent
developments and the surrounding neighborhood.
(3)
All applications for development approval within the (WR) Waterfront
Recreation and Open Space Zoning District must comply with the following
additional environmental criteria:
(a) Any new marina, marina expansion or similar water dependent use
shall meet the following criteria:
Construction or subsequent operation of any proposed marina - or
water dependent project shall not destroy or degrade hammocks,
pinelands or salt marshes, or Mangrove Protection Areas, or seagrass
or hard bottom communities, or habitats used by endangered or
threatened species.
(b) Where applicable, the proposed marina - water dependent project site
shall have:
A minimum depth of four feet at mean low tide in the proposed
marina basin and access channel, and direct access to the Intra-
coastal waterway (if applicable) or to another dredged channel or area
with a minimum of six feet at mean low tide, and efficient land side
accessibility.
The proposed marina, water dependent facility shall be compatible
with existing and surrounding land uses and of sufficient size to
accommodate the specific project and the required motor vehicle
parking.
The proposed marina water dependent facility shall preserve or
improve traditional public shoreline uses and public access to
estuarine and coastal waters, preserve or enhance the quality of the
estuarine and coastal waters, water circulation, tidal flushing and light
penetration, and preserve archeological artifacts or zones and preserve
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or incorporate historic sites.
(4) All applications for a development approval shall comply with the criteria
stated in this Article including a consideration of the following factors:
(a) The purpose and intent of this Article;
(b) Compatibility of scale and uses in relation to adjacent properties;
(c) Impact and demand on infrastructure resulting from the proposed
project;
(d) Benefits to the community in terms of urban, economic or cultural
impact.
(F) Requirements For Project Review At Public Hearing For Site Plan Approval.
The Building, Planning and Zoning Department shall review each application for
development in the Waterfront Recreation and Open Space Zoning District. When site plan
approval is required pursuant to paragraph (E) above. The applicant must submit a letter of
purpose and intent outlining the full scope of the intended use. This shall include exhibits
prepared by architects, landscape architects and other professionals and shall include the
following items:
(1) A site plan consisting of the following: (a) lot lines and set backs; (b)
location, shape, size and height of existing and proposed buildings, walls and
entrance features; (c) landscaping plans in accordance with the provisions and
standards adopted by the Village; (d) location of off street parking and
loading facilities and waste collection areas.
(2) Floor plans and elevations of all structures including: (a) gross floor area of
each floor; (b) indication of any exterior graphics and signage.
(3) Figures, including the following: (a) gross and net acreage; (b) amount of
landscape open space provided; (c) lot coverage and floor area calculations
for all buildings; (d) total number of trees provided in accordance with
landscaping standards; (e) parking required and provided; (f) such other
design data as deemed necessary to evaluate the project in accordance with
the criteria of this Ordinance.
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(G) General Provisions.
(1)
Platting Of Parcels. Existing parcels may be subdivided in accordance with the
regulations provided by Chapter 28 of the Code of Metropolitan Dade County. The
approved plat must be approved by and placed on file by the Village of Key Biscayne
and recorded in the Public Records of Dade County.
(2) Common Areas. Easements, etc. Where a parcel is developed in a manner which
provides common elements, including, but not limited to, driveway easements, party
walls, common perimeter walls, maintenance easements and common accessory
structures, a Unity of Title, Restrictive Covenant, or similar instrument, approved by
the Village Attorney, shall be presented by the applicant to the Building, Planning
and Zoning Department for approval and once approved shall be duly recorded, at
the expense of the applicant, in the Public Records of Dade County, Florida. The
instrument utilized shall serve to incorporate provisions which provide methods to
insure the consistency and compatibility of all common structures as well as to
provide provisions for adequate and continual maintenance with no cost or expense
to the Village.
(3)
Definitions. Unless provided otherwise, words and terms used in this Article which
are defined in Section 30-51 of Article III, shall have the meaning indicated in
Section 30-51.
(4) Additional Regulations. Pursuant to Village Charter Section 4.13 the zoning
regulations and restrictions provided by Chapter 33 of the Metropolitan Dade County
Zoning Code shall continue to be applicable, unless in conflict with the provisions
of this Article, until provided to the contrary by subsequent ordinance of the Village.
(5)
Variances: Administrative Review. The provisions controlling the grant or denial of
a request for a variance or for review of an interpretation or decision by the
administrative official pertaining to this Article IV shall be as provided in Articles
II and III of this Chapter.
Section 2. Rezoning. Following a public hearing in accordance with Chapter 30 of the
Village Code and Section 166.041, F.S., the Zoning District classification of the following described
properties is hereby rezoned and redesignated from the below indicated Metropolitan Dade County
Zoning District designation to the respective Village Zoning District designation shown as follows:
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(A) The lands described in Exhibit "A" attached hereto are hereby rezoned from (County)
RU -3M to Village WR.
(B) The lands described in Exhibit "B" attached hereto are hereby rezoned from (County
RU -1 to Village WR.
(C) The lands described in Exhibit "C" attached hereto are hereby rezoned from (County)
RU -4A to Village WR.
Section 3. Zoning Map. Chapter 30 of the Code of Ordinances of the Village of Key
Biscayne, Florida, and the official zoning map of the Village of Key Biscayne are hereby amended
in accordance with the provisions of Section 2 of this Ordinance, and the Planning, Zoning and
Building Department is hereby directed to amend the official zoning maps accordingly.
Section 4. 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 5. Inclusion In The Code. It is the intention of the Village Council, and it is hereby
ordained that the provisions of this Ordinance shall become and made a part of the Code of Key
Biscayne, Florida; that the sections of this Ordinance may be renumbered or relettered to accomplish
such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate
word.
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Section 6. Penalty. Pursuant to Sec. 1-14 of the Village Code, any person who violates any
provisions of this Ordinance shall, upon conviction, be punished by a fine not to exceed $500 or
imprisonment in the County jail not to exceed sixty (60) days or both such fine and imprisonment.
Each day that a violation continues shall be deemed a separate violation. Pursuant to Section 2-31
et seq. of the Village Code this Ordinance shall be subject to enforcement under the Local
Government Code Enforcement Act, Chapter 162, F.S., as amended. Enforcement may also be by
suit for declaratory, injunctive or other appropriate relief in a court of competent jurisdiction.
Section 7. Effective Date. This Ordinance shall be effective immediately upon passage by
the Village Council on second reading.
PASSED AND ADOPTED on first reading this 4th day of November, 1997.
PASSED AND ADOPTED on second reading this 18th day of November, 1997.
,: )3,)2k_
FES
/3-
JQTIN1F. TA, MAYOR
CONCHITA H. ALVAREZ, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
RICHARD WEISS, VILLAGE ATTORNEY
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EXHIBIT "A"
Legal Description- 180 Harbor Drive
TROPICAL ISLE HOMES SUBDIVISION, FORTH EDITION
beginning most Southwardly Point Tract B NE 364.65 ft, NW 466.79 ft,
SW 347.63 ft, S 274.11 ft TH Eastwardly and South 283 ft more or less
to Point of Beginning, as recorded in Plat Book 53,
at Page 39, of the Public Records of Dade County, Florida.
EXHIBIT "B"
Legal Description - Vacant Parcel Lying Immediately to the Southwest
Lot 28, Block 17, FOURTH ADDITION TO TROPICAL ISLE HOMES
SUBDIVISION, according to plat thereof, as recorded in Plat Book 53,
at Page 39, of the Public Records of Dade County, Florida.
EXHIBIT "C"
Legal Description - 685 Ocean Drive
FIRST ADDITION TO BISCAYNE KEY ESTATES North 175.00
Feet of Tract G, less West 100 Feet according to the plat thereof,
as recorded in Plat Book 53, at Page 19, of the Public Records
of Dade County, Florida.