HomeMy Public PortalAbout2003-01 Amending Section 30-102 GU Government Use District Pros Public Recreation and Open Space DistrictORDINANCE NO. 2003 -1
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING SECTION 30-102 "GU
GOVERNMENT USE DISTRICT" RELATING TO
DEVELOPMENT STANDARDS AND PROCEDURES FOR
GOVERNMENTAL USES; AMENDING SECTION 30-108
"PROS PUBLIC RECREATION AND OPEN SPACE
DISTRICT"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE VILLAGE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council finds that it is appropriate and reasonable to amend the GU
Government Use and PROS Public Recreation and Open Space Districts in order to clarify and to
provide for additional standards and processes for designating uses in these districts; and
WHEREAS, the Local Planning Agency at a duly called public meeting has heard and
recommended the adoption ofthis ordinance as consistent with the Village Comprehensive Plan; and
WHEREAS, this proposed ordinance has been properly noticed and heard in conformance
with Section 166.041, Florida Statutes, relating to zoning ordinances, and in conformance with the
Village Zoning and Land Development Regulations; and
WHEREAS, the Village Council has determined that this ordinance is consistent with the
criteria in Section 30-71 of the Village Zoning and Land Development Regulations and is consistent
with the Village Master Plan; and
WHEREAS, the Village Council finds that this ordinance will promote the health, safety and
welfare of the citizens of the Village.
NOW THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA:
Section 1. Recitals Adopted. Each of the above recitals is hereby confirmed and
adopted.
Section 2. Section 30-102 Amended. Section 30-102 "GU Government Use District"
of the Zoning and Land Development Regulations of the Village of Key Biscayne is hereby amended
as follows:
Sec. 30-102. GU Government Use District.
(a) GU Description. Upon the acquisition of ownership of or a long term lease (5 years or
longer) of land by the Village, the Village Manager or designee shall indicate on the Official
Zoning Map that the zoning district designation for the property is GU, Government Use.
(-a) �bI Purpose and Uses.
District
Purpose
Main Permitted
Uses
Conditional
Uses
Accessory
Uses
Prohibited
Uses
This district is
designed to permit land
owned by a
governmental entity to
be used for any public
purpose
Governmental
buildings and
None
Any Use
customarily
associated with
the Main
Permitted Use
(See Sec. 30-
111)
Any Use not
listed as Main
Permitted Use,
Conditional
Use, or
Accessory Use
(See Sec. 3 --
113)
facilities such as, but
not limited to ,
schools, offices, post
offices, parks, open
space, community
centers, recreational
buildings, police and
fire stations
(b) fsj Development Regulations.
, ,....b... ,
•
In approving development for lands designated GU, the
Council shall use the following Development Regulations.
Additional text for second reading is double -underlined; deleted text for second reading is
double -stricken.
Floor Area
Maximum
Lot Coverage
Lot Area
Setback
Ratio
Height
.75
35 ft.
35%
No minimum
5 ft., except where prior
zoning district has a more
liberal setback standard,
which shall then apply
alf:6
c
. Approval Process. Prior to
establishing any new use of lands designated GU, the Village shall conduct the following
public hearing(s):
L The Village Council shall conduct a public hearing to determine the use(s) to
which p articular 1 and p urchased for g overnmental u se m ay b e p ut. T he p ublic
hearing before the Village Council shall be held upon at least fifteen (15) days notice
of the time and place of such hearing published in a newspaper of general circulation
in the Village. A courtesy notice containing general information as to the date, time,
and place of the hearing, the property location and general nature of the proposed use
may be mailed to the property owners of record within a radius of three hundred
(300) feet of the property on which the facility will be located, or such greater
distance as the Village Manager may prescribe; provided, however, that failure to
Additional text for second reading is double -underlined; deleted text for second reading is
3
mail or receive such courtesy notice shall not affect any action or proceeding taken
hereunder. To provide additional notice to the public, the property shall be posted by
a sign or signs indicating the action desired and the time and place of the public
hearing thereon.
2. At the public hearing the Village Council shall consider the use(s) to which
the land should be put, from the list of uses in paragraph (b) above, considering
among other factors a recommendation by the Village Manager (if any), the public
need therefor and the existing land use pattern in the area. After considering these
factors and any public comment, the Village Council shall adopt a resolution
establishing the use(s) for the property and take such action as is necessary to
promote and protect the public health, safety and welfare of the citizens and residents
of the Village.
3. If the use(s) approved by the Village Council include the construction of any
buildings or structures on the property, the Village Council shall conduct another
public hearing prior to the commencement of any construction activity. That public
hearing shall be noticed in the same manner as the initial hearing described in (d)1
above. At the public hearing the Village Council shall review and evaluate a detailed
site plan for the property, including all buildings and improvements. At a minimum,
the site plan shall contain a schedule of development criteria as set forth in (c) above.
In its review and approval, the Village Council shall apply the development
Additional text for second reading is double -underlined; deleted text for second reading is
4
(
regulations in (c) above, except that the Village Council may waive the regulations
or any part of the regulations in the interest of the public health, safety and welfare
to provide the facilities to serve the public. After considering the site plan,
recommendations of the Village Manager (if any) and public comment, the Village
Council may by resolution take such action as it deems necessary or appropriate to
promote and protect the public health, safety and welfare of the citizens and residents
of the Village, including the approval of the site plan with any modifications thereto.
Change Upon Sale or Lease Expiration. Upon the sale (or expiration of a long term
lease) of GU land that was owned (or leased) by a govcrnmcntal agency to a non -
the Village, the Village Council shall change the zoning district
designation pursuant to the procedures established in this ordinance section. , Conflict. This Section 30-102 shall be the exclusive regulation governing lands
designated GU, and to the extent that it conflicts with any other section of this chapter, this
section shall control.
Section 3. Section 30-108 Amended. Section 30-108 "PROS Public Recreation and
Open Space Use District" of the Zoning and Land Development Regulations of the Village of Key
Biscayne is hereby amended as follows:
Sec. 30-108. PROS Public Recreation and Open Space Use District.
(a) Purpose and Uses. The PROS Public Recreation and Open Space Use District is an
alternative zoning district to the GU Government Use District, where the Village has
Additional text for second reading is double -underlined; deleted text for second reading is
5
ownership or a long term lease (5 years or more) of land and desires to use the land for public
recreation or open space purposes.
District Purpose
This district is
designed to permit
p u b l i c
noncommercial
recreational or
open space Uses
Main Permitted
Uses
Parks, swimming
pools and decks
Active and passive
recreational Uses
Conditional
Uses
None
Accessory
Uses
Any Use
customarily
associated with
the Main
Permitted Use
(See Sec. 30-
111)
Prohibited Uses
Any Use not listed
as a Main Permitted
Use, Conditional
Use, or Accessory
Use
(See Sec. 30-113)
(b) Development Regulations. ,
the -Site -Plan, In approving development for lands designated PROS, the Village Council
shall use the following Development Regulations_
Floor Area
Maximum
Lot Coverage
Lot Area
Setback
Ratio
Height
.75
20 ft.
15%
No minimum
5 ft., except where prior
zoning district has a more
liberal setback standard,
which shall then apply
(c)
. Approval Process. Prior to establishing any new use of lands
Additional text for second reading is double -underlined; deleted text for second reading is
double -stricken.
6
that are designated PROS, the Village shall conduct a public hearing or hearings pursuant to
the procedures set forth in Section 30-102 GU Government Use District. Upon the sale (or
expiration of a long term lease) of PROS land that was owned (or leased) by the Village, the
Village Council shall change the zoning district designation pursuant to the procedures
established in Section 30-102 GU Government Use District.
Section 4. Severability. That 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 invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, c lauses, and p hrases o f t his 0 rdinance b ut they s hall r emain i n e ffect, i t b eing t he
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
the Village of Key Biscayne; 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.
Section 6. Effective Date. This Ordinance shall be effective immediately upon adoption
on second reading.
PASSED AND ADOPTED on first reading this 14th day of January, 2003.
Additional text for second reading is double -underlined; deleted text for second reading is
double -stricken.
PASSED AND ADOPTED on second reading this 11th day of February , 2003.
/Zcetuf.f.t_:—
MAYOR ROBERT OLDAKOWSKI
AT
xeiliV
CHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
`1..
VILLAGE A ORNEY
Additional text for second reading is double -underlined; deleted text for second reading is
dottbk-strickert.
8