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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 1 of 9 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. 2 of 9 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. 3 of 9 (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 4 of 9 (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 5 of 9 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. 6of9 (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: 7 of 9 (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. 8 of 9 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 9 of 9 ► ,- i 1�„ I, 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.