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HomeMy Public PortalAbout2004-09 Amending Chapter 30 Zoning re Adding Village Recreational Facilities to the list of Main Permitted UsesORDINANCE NO. 2004-9 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 30 "ZONING," AT SECTION 30-104 "INSTITUTIONAL DISTRICT" TO ADD "VILLAGE RECREATIONAL FACILITIES" TO THE LIST OF MAIN PERMITTED USES; AMENDING SECTION 30-112 "SUPPLEMENTAL USE REGULATIONS," AT SUBSECTION (h) "HEIGHT EXEMPTION" TO PROVIDE HEIGHT EXEMPTION FOR LIGHTING STRUCTURES FOR VILLAGE RECREATIONAL FACILITIES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, upon recommendation of the Village Manager, the Village Council desires to amend the list of Main Permitted Uses under Section 30-104 "Institutional District" so as to enable lands zoned as Institutional District to be utilized for Village recreational facilities, and to amend section 30-112 "Supplemental Use Regulations," at Subsection (h) "Height Exemptions" to provide a height exemption for lighting structures for Village recreational facilities (the "Proposed Amendments"); and WHEREAS, the Village Council has been designated as the local planning agency for the Village pursuant to Section 163.3174, Florida Statutes; and WHEREAS, the Village Council, sitting as the local planning agency, has reviewed the Proposed Amendments pursuant to the required public hearing, and has recommended approval of the Proposed Amendments; and WHEREAS, the Village Council has held the required public hearings on this Ordinance, duly noticed in accordance with law; and WHEREAS, the Village Council has determined that the Proposed Amendments enacted pursuant to this Ordinance are in compliance with the criteria of Section 30-71(b) of the Village Code and are consistent with the Village's Comprehensive Plan. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted and confirmed. Section 2. Village Code Amended. That Chapter 30 "Zoning" of the Village Code of the Village of Key Biscayne is hereby amended by amending Section 30-104 "Institutional District," at paragraph (a) "Purpose and Uses," by amending the list of Main Permitted Uses, and by amending subsection (h) "Height Exemptions" of Section 30-112 "Supplemental use Regulations", to read as follows:' Sec. 30-104. Institutional District. (a) Purposes and Uses. District Purpose Main Permitted Uses Conditional Uses Accessory Uses Prohibited Uses This district is intended to permit uses that provide a public or semi-public service. Places of worship. Village Community Residential Facilities __ Any Use that is customarily associated with the Main Permitted Use. Day Care Facilities. Meeting rooms Schools (See Sec. 30- 111) Any Use not listed as a Main Permitted Use, Conditional Use, or Accessory Use. (See Sec. 30- 113 for other prohibited Uses) Recreational Facilities. '/ Additions to existing Village Code text are shown by underline; deletions from existing Village Code text are shown by strikeout. 2 Section 30-112 Supplemental Use Regulations: * * * (h) Height exemptions. The height Regulations as set forth in the zoning districts, shall not apply to the following: Airplane Beacons Belfries Communication Towers Chimneys Church spires Conveyors Cooling towers Cupolas Elevator bulkheads Fire Towers Flag poles Lofts Monuments Ornamental Towers and spires (15) (16) (17) (18) (19) (20) (21) (22) (23) (24) (24) (25) Stacks Steeples and domes Smoke stacks Tanks Roofs (see subparagraph d. below) Satellite dishes (see subparagraph 1 below) Television antenna Towers, decorative Water Towers Lighting structures for Village recreational facilities Any other Structure that is similar to those listed above. The above listed exemptions are allowed, provided the following criteria are met: (a) The maximum height allowed in the district shall not be exceeded by more than 35 percent, except for the height of roofs, which shall be pursuant to subparagraph (d) below, and except for lighting structures for Village recreational facilities (including lighting for playing fields) which may have a height of up to 70' feet. The maximum Floor Area of any of the rooftop structures listed above is limited to ten percent of the roof area of the entire Building. Equipment shall be screened in a manner that prevents it from being seen from the Street. The Building, Zoning and Planning Director may require a line of sight study in order to make this determination. (b) Parapet Walls may exceed the permissible height limit provided that they shall not extend more than five feet above the flat portion of the Building roof upon which they are constructed. (c) Notwithstanding other provisions of these Regulations, the height of all Structures shall be limited by the requirements of the Federal Aviation Administration and any airport Regulations applicable to the Structure. 3 (d) Principal Building roofs shall comply with the following requirements: 1. Hip roofs shall be symmetrically pitched between 4:12 and 8:12 ratios. 2. Gable end roofs shall be symmetrically pitched between 6:12 and 12:12 ratios. Profile molded gables may be pitched to a 4:12 minimum ratio. 3. Flat roofs shall have a minimum Parapet height of one foot. 4. Shed roofs shall have a minimum pitch of 3:12 ratio. 5. Roof overhang. No portion of a roof, including the gutter, shall be permitted to extend more than five feet from the exterior Wall of a Building and not closer than 3.5 feet from an interior side property line or 2.5 feet from any Wall facing a Street. 6. When a scupper drainage system is used, the scupper shall have a minimum 7.5 foot Setback from any Lot line. Section 3. 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, 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. Inclusion in the Code. That 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 1 Effective Date. That this Ordinance shall be effective immediately upon adoption on second reading. 4 PASSED AND ADOPTED on first reading this 3rd day of August , 2004. PASSED AND ADOPTED on second reading this 31st day of August , 2004. /a r i C&.(,G1!. MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLE APPROVED AS TO FORM AND LEGAL SUFFICIE VILLAGE ATTORNEY F:\ 100\ 103001 \Ordinances\Account e 5.12.04.doc 5 . t OF KEY BISCA'VNE OFFICE OFilla VILLAGE CLERK PUBLIC NOME Notice is given that the fotlo+ ng .ordinances will be considered on Second Reading by the Village Councl of the Village of Key Biscayne at a meeting to be held on Tuesday; August 31, 2004 at 7:00 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE. who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE - MEETING - 8/31/2004 ORDINANCE AMENDING CHAPTER 30 "ZONING", ETC. in the XXXX Court, was published in said newspaper in the issues of 08/19/2004 . f. Aftiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade 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 or she has neither paid nor promised any person, firm or corporation any discount, re. - e, commis ' • • or refund for the purpose of securing thi adverti -nt for . blication in the said newspaper. (SEAL) Sworn to and subscribed before me this , A.D. 004 O.V. FERBEYRE personal) Maria 1. Mesa • My Commission DD293858 tQa$1fias March 04, 2008 AN ORDINANCE OF' THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 30, "ZONING," AT , SECTION 30-104 "INSTITUTIONAL. DISTRICT" TO .AID "# ,.AGE RECREA- TIONAL FilICE ES►M,'TO THE UST CIF 401114,PEPOMITED USES; WOOING SECTION 30-112 70IMpUESEINTiu USE REGULATIONS," AT SUBSE EXEMP- TION" TO PROVEDE HEIGHT $ -FOR, LIGHTING STRUCTURES Fc/A Y RECiF TIONAL FACILITIES; PROVIDING -FOR S BIL ITY; PROVIDING, FOR INCLU- SION IN CODE; PROVIDING FOR AN EFFECi1.'NE DATE. AN ORDINANCE OF TilE. VILAAGE -OF ,KEY BISCAYNE, FLORIDA, PROVIDITG-FOR AMENDMENT OF THE VILLAGE tION 5.01 "ELECTIONS"; BY �H IENT OF PRIMARY -pROCEDORNS PERTINENT CHARTER BY AMENDING SE PROVIDING FOR THE ELECTION SYSTEM THERETO; SIB#- REVISION OF MAYORAL AND COUNCIL ELECTION • COWAENC „ WTTII 2006 ELECTION, To ?ROVIDE ry, poimjARY ELECTIONS FOR MAYOR AND Comm1 INOCTE BER OFEACHEVEN NUMBERED YEAR AND FOR REGULAR ELEC flONS FOR MAYOR AND COUNCIL TO BE IN NC/VENOM OF EACH EVEN NUMBERED YEAR, 'AND ELM>MINA RUNOFF ELECTION SYSTEM WHICH CURRENTLY PROVIDES FOR RUNOFF ELECTIONS TO BE HELD TWO WEEKS FOLLOW- ING REGULAR ELECTION, AND. ALLOWING ELECTION DATES TO BE FURTHER ADJUST*/ BY, ORDINANCE OF THE VILLAGE.- COUNCIL; CALLDIQ AN EIACTION ON THE PROPOSED AMENDMENTS TO TIRI,VILIMIR CHARTER TO BE HELD ON TUESDAY,-NOV •2;• 4; PROVIDING FOR SUBMISSION TO THE ELEM.* FOR,APPROVAL OR DISAPPROVAL THE CHAFITERANIENDIMWTS SET FORTH HEREIN; PROVIDING FOR IIE uSITE,,BAu.OT LAN- GUAGE; PROVIDING FOR PRO 1REFON BALI-OTTING; PROVIDING FOR NOTICE OF' ELEl{ IO P_ROVIDING FOR INCLUSION IN THE CHARTER;PROMINO FOR SEVERA- BILITY; AND PROVIDING FOR AN E F CTIVEDATE. AN ORDINANCE OF THE VILLAGE, OF -KEY BISCAYNE, FLORIDA AUTHORIZING THE ISSUANCE OF NOT EXCEED- ING $1,300,000 OF LAND ACQUISITKON AND CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, ,FL.ORIDA; PROVIDING FOR A SUPPLE- MENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS; AND PROVIDINGAN EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office of the Village Clerk. Irtterested parties may appear atlhe Public Hearing and be heard with respect to the proposed Ordinances. Any person wishing to address the Village Council on any item at this Public Hearing is asked to register with the Village Clerk prior to that item being heard. In accordance with the- Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 88 West McIntyre Street, Suite 220, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to suet" proceeding. Should any person desire to appeaEany decision of the Village Council with respect to any'matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Comments of any interested patirxrelative to Chis matter may be submitted in writing and or presented in person at the public hearing. Conchita 14. Alvarez, CMC Village Clerk 8/19 04-444/480701M Zile Miami 3{ernt el Nuevo Herald www.herald.com www.elherald.com PUBLISHED DAILY MIAMI-DADE-FLORIDA STATE OF FLORIDA COUNTY OF DADE Before the undersigned authority personally appeared: OLGA L. ARCIA who on oath says that he/she is CUSTODIAN OF RECORDS of The Miami Herald, a daily newspaper published at Miami in Dade County, Florida; that the attached copy of advertisement was published in said newspaper in the issues of: , ?ir /0/...%7X7 ri ee-f �', 1 ; Affiant fuhersays that the said The Miami Herald is a newspaper published at Miami, in the said Dade County, Florida and that the said newspaper has heretofore been continuously published in said Dade County, Florida each day and has been entered as second class mail matter at the post office in Miami, in said Dade 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). -- b.e-4../ Sworn to an subscribed before me this f My Commission Expires: day of L2 „_ Notary , 2004 ,.i Ng f„ Maria N. Hernandez �•'' : Commission #DD146171 Expires: Oct 07, 2006 • ,9•OFf1oQ•: Bonded Thru ''" At lapCjc Bonding Co., Inc: