HomeMy Public PortalAbout2005-05 Amending Zoning re Public Beaches Uses, RegulationsORDINANCE NO. 2005-5
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING SECTION 30-102 "GU
GOVERNMENTAL USE DISTRICT" OF CHAPTER 30
"ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA,
BY ADDING A SCHEDULE OF PERMITTED USES AND
REGULATIONS FOR PUBLIC BEACHES; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council desires to amend the Zoning and Land Development
Regulations contained in Chapter 30 of the Code of Key Biscayne, Florida, for the purpose of
protecting the public beach areas and the public's right of access to the public beach areas within the
jurisdictional limits of the Village; and
WHEREAS, the Village has reevaluated the zoning regulations applicable to the Government
Use District of the Village Zoning and Land Development Regulations, and has determined that
certain changes should be made to those regulations; and
WHEREAS, the Local Planning Agency at a duly called public meeting has heard and
recommended the adoption of this 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 and in conformance with the Village Zoning and Land
Development Regulations; 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 OF KEY BISCAYNE,
FLORIDA, AS FOLLOWS:
Page 1 of 7
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Amendments to Section 30-102. That Section 30-102 "Government Use
Zoning District" of Chapter 30 "Zoning" of the Code of Key Biscayne, Florida is hereby amended
as follows':
Sec. 30-102. GU Government Use District.
(b) Purpose and Uses.
TABLE INSET:
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 and certain
Governmental Buildings
and facilities such as but
not limited to schools,
offices, post offices, parks,
open space, community
centers, recreational
buildings, police and fire
stations.
Recreational activities as
None
Any Use
customarily
associated with the
Main Permitted Use
(See section:30-
Any Use not listed
as a Main Permitted
Use, Conditional
Use, or Accessory
Use.
(See section 30 -
113)
imited private activities.
111)
described in subsection (e).
(e) Permitted Recreational Activities. Subject to the approval of a Beach Management Plan
pursuant to subsection (f) and the supplementary regulations in subsection (g) the activities as
described below shall be considered Main Permitted Uses on lands within the GU District which are
'I Proposed additions to existing Village Code text are indicated by underline; proposed deletions from existing
Village Code text are shown by strikethrough.
Page 2 of 7
seaward of the Erosion Control Line (as identified in Section 1.03 of the Village Charter) where such
activities occur as ancillary and supportive of principal uses conducted on the upland contiguous
privately owned property.
Upland
Upland
Upland
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Hotel
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Use of lounges/
Yes
Yes
Yes
chairs/umbrellas
Food and Beverage
Yes
Yes
No
Service
.pecial Events'
Yes
Yes
Yes
Use of Non -Motorized
Yes
Yes
No3
Vessels'
'- Special Events shall be limited to the following: organized athletic events. meetings. parties. weddings,
fireworks displays. or professional film activities and shall be subject to obtaining a Special Event Permit
pursuant to Section 17-5 of the Village Code.
Up to six (6) non -motorized Vessels (as defined in Section 327.02(37). Florida Statutes) shall be permitted
for use in conjunction with and as accessory to hotels of at least 250 rooms or private beach clubs. They shall
be operated only through an approved channel authorized under Section 4-32 of the Village Code. and shall
be uniformly marked and painted in a uniquely identifiable manner associated only with the hotel property or
private beach club. Additionally. except for an authorized rescue vessel approved under Section (a)(9) below,
the use of motorized vessels is absolutely prohibited.
3 Nothing in this section shall be construed or interpreted to preclude individual Village residents from the
legal use and enjoyment of the public beach area. or deny or impair the common law riparian rights of persons
owning property which fronts the public beach area. or to require that individual residents (including specifically
residents within any multifamily apartment building_) obtain an approved Beach Management Plan for such
activities.
(f) Beach Management Plan Approval. As a condition to the establishment, use and operation
of any of the uses listed in section (e) above (except for Special Events which require a Special Event
Permit), a plan for the proposed use and operation (Beach Management Plan) shall be submitted and
approved by the Village. Except for the use of lounges, chairs and umbrellas, all Beach Management
Plans shall require the approval of the Village Council after a public hearing noticed in accordance
with Section 30-68 of the Village Code. Beach Management Plans for the use of lounges, chairs and
umbrellas shall be approved by the Village Manager. In the approval, the Village Manager or
Village Council must find that the proposed activity(ies) comply with the requirements of this
section and do no constitute a threat to public safety or welfare or constitute a danger or impediment
to the public beach area. The Village Council or the Village Manager shall impose reasonable
restrictions and conditions on the approval of the Beach Management Plan in order to preserve the
health, safety and welfare of the Village residents. Violation of any provision of the approved Beach
Management Plan automatically results in the revocation the Beach Management Plan approval.
Nothing in this section shall be construed or interpreted to preclude individual Village residents from
Page 3 of 7
the legal use and enjoyment of the public beach area, or deny or impair the common law riparian
rights of persons owning property which fronts the public beach area, or to require that individual
residents (including specifically residents within any multifamily apartment building) obtain an
approved Beach Management Plan for such activities.
(1) Beach Management Plan Application and Procedures. In a form provided by the
Village, all Beach Management Plans shall be submitted to the Village Manager and
shall contain the following information:
a. A detailed and dimensioned site plan depicting the type and location of all
proposed activity(ies), structures, garbage containers, storage areas and where the use of
Vessels is proposed, the proposed location of a channel to be approved by Village Council
pursuant to Section 4-32 of the Village Code;
b. If applicable, the number of proposed Vessels;
c. Proposed hours of operation;
d. Proposed safety & emergency plans;
e. If applicable, storage, hours of use and method of fueling of an all terrain vehicle
authorized under Section (g)(10) below;
f. Indemnity and Insurance (with Village as additional insured) in a form and amount
approved by Village Attorney;
g. Proof of ownership of adjacent upland property or written authorization from upland
property owner;
h. Application fee plus the annual inspection fee for the approved activity as established
by resolution pursuant to Section 30-4 of the Village Code;
i. Any additional information as reasonably required by the Village Manager.
(g) Supplementary Regulations. The recreational activities identified in subsection (e) shall be
subject to the following restrictions:
(1) All activities shall be conducted as accessory to the adjacent contiguous upland
property.
(2) It is prohibited to conduct the sale or rental of any equipment or food and beverage
item associated with any permitted activity upon the public beach. The sale or rental
shall only be conducted upon the associated upland private property.
Page 4 of 7
(3)
None of the permitted activities shall be conducted or maintained outside of the
property area contained within the extension of the side lot lines of the upland
property as they extend seaward toward the waterline.
(4) Activities adjacent to the upland hotel and private beach club properties shall be
setback twenty (20) feet from the adjacent property side lot lines as extended seaward
toward the waterline.
(5) Activities adjacent to the upland multi -family residential properties shall be setback
(100) feet from the adjacent property side lot lines as extended seaward toward the
waterline.
(6) None of the permitted activities including the storage of any equipment shall be
(7)
maintained or conducted within five (5) feet of the dune as defined pursuant to
Section 161.54, Florida Statutes, or within fifteen (15) feet of the waterline, unless
overnight storage on the public beach is approved pursuant to a Beach Management
Plan.
Except for one (1) corporate insignia, no larger than twenty (20) square inches
identifying the applicant or the upland property owner. commercial advertising shall
be prohibited on all equipment associated with any approved activity.
(8) Except as approved pursuant to a Special Event Permit, hours of operation shall be
(9)
limited to between sunup and sundown each day and all equipment furniture, and
temporary structures (if any) shall be removed from the public beach by sundown
each day unless overnight storage on the public beach is approved pursuant to a
Beach Management Plan. This limitation shall not apply to the use of chairs and
lounges for viewing fireworks displays on Independence Day or New Year's Eve.
The use of non -motorized vessels shall be prohibited without the onsite provision of
one (1) personal watercraft as defined in Section 327.02, Florida Statutes, maintained
in good working condition and available at all times for emergency rescue purposes.
The personal watercraft shall have a four stroke engine or best available technology,
be equipped with an operational marine radio or wireless phone, and shall satisfy all
U.S. Coast Guard safety requirements.
(10) Except for an unenclosed motorized all terrain vehicle approved pursuant to a Beach
Management Plan, it is prohibited to use or operate or to allow another to use or
operate upon, or along the public beach, or upon any beach or shoreline or waters
adjacent thereto, any motorized vehicle. The private use of an all terrain vehicle
must be limited in use to the loading and unloading of equipment permitted under an
approved Beach Management Plan, This prohibition shall not apply to any
municipal. county or state vehicle, or to any vehicle or equipment authorized by the
Village to be used or operated for a public purpose.
Page 5 of 7
(11) Approval of a Beach Management Plan does not exempt user from adhering to all
local, state and federal statutes and regulations and requirements. including, but not
limited to, Article II "Occupational License Tax" of Chapter 25 "Taxation" of the
Village Code.
(e)(h) 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 the Village, the Village Council shall change the zoning
district designation pursuant to the procedures established in this section.
(4)Q) Conflict. Except as provided herein, Pthis section 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. 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 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 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
Section 5. Effective Date. This Ordinance shall become effective sixty (60) days after
adoption on second reading.
PASSED AND ADOPTED on first reading this 26th day of , April , 2005.
PASSED AND ADOPTED on second reading this 24th day of May , 2005.
Page 6 of 7
MAYOR ROBERT OLDAKOWSKI
ATT..T:
,1/(6/'
NCHITA H. ALVAREZ, CMC, VILLAGE CLE
APPROVED A TO FORM AND LEGAL SUFFICIE
V I AGE TO
Page 7 of 7
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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: G, I
Thf2. Zap% Vac(
4pri 6 l S, 27a S /2,0 58.
Affiant further says 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
newspape s(s).
Sworn to and ibscribed before me this
l ?S day of ,4pr ° L , 2005
My Commission
Expires:
C
Notary
l�a, Maria I4. Hernandez
`.:.IY .. . Commission #DD14o171
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)RATION AND ANNEXATION
Stash ONITY MEETING NOTICES
Tents the upcoming meeting notices of the the meeting notices of the Municipal
SeC) and other incorporation and annexation related meet -
e appointed by the Board of County Commissioners to
'esire, and viability of creating one or more municipalities
areas.
g Notice for the Week of
2005 through April 22, 2005
e Charter Commission Meeting
e: April 18, 2005 Time: 6:30 PM
Regional Library, 10750 SW 211 Street, Auditorium
bst - SW 184 St. • easternmost - Biscayne National Park
St. • westernmost - SW 112 Ave. (Allapattah Road)
NOTICE ty Commissioners Regular Meeting
CRlte: April 19, 2005 Time: 9:30
A Public Nearing will been C
Chambers, located on th
111 N.W. First Street, Mi
consider an ordinance to
District (CDD). The distrL a Charter Commission Meeting
theoretical S.W. 58th ancil: April 21, 2005 Time: 6:30 PM
and 62nd Streets on the Regional Library; 10750 SW 211 Street, Conf. Room
on the east, and theoretlost - SW 184 St. •easternmost -Biscayne National Park
on the west. The districis2 St. •westernmost - SW 112 Ave. (Allapattah Road)
County.
en
Florida City Annexation
., 2nd Floor
d Tymmendation
ing Ordinance for proposed
° 111g Notice for the Week of
r
2005 through April 29, 2005
LAKE
-''' ..,_-t- -: -...-----77-3-:-.'"Age Charter Commission Meeting
Sa, ate: April 25,
2005 Time: 6:30 PM
title Regional Library, 10750 SW 211 Street, Auditorium
' SW `caries: northernmost - SW 184 Street
ayne National Park • southernmost - SW 232 Street
CRES.1-VIElnost - SW 112 Avenue (Allapattah Road)
COMMUNITY pEVELOPMErsher Island MAC Meeting
ate: April 27, 2005 Time: 6:00 PM
m: 1 Fisher Island Drive, Tennis Center
The proposed CDD wiles: Unincorporated areas of Fisher Island
infrastructure, services
and maintenance for ttlge Charter Commission Meeting
The development planate: April 28, 2005 Time: 6:30 PM
construction of 120 sire Regional Library, 10750 SW 211 Street, Conf. Room
daries: northernmost - SW 184 Street
drainage and water anc+
All interested parties r>ayne National Park • southernmost- SW 232 Street
specified. most - SW 112 Avenue (Allapattah Road)
A person who decides I
or commission with reayne Gardens MAC Meeting
te: April 28, 2005 Time: 7:00 PM
hearing, will need a re�a
to ensure that a verbati1e Gardens Elementary School, 560 NW 151 Street
ernmost - NE 167th St. • easternmost - NE 18th Ave.
testimony and evidencty of North Miami • westernmost - NW 17th Avenue
Miami -Dade County 1
employment and doe:
programs or services. 1 regarding any of these meetings, please call any one of
interpreter or other act.er Velar 305-375-5468, Sara Ingle at 305-375-2014, Odell Ford at
four days in advance. riguez at 305-375-2820, Robert Kirschbaum at 305-375-5368.
.375-4306.
Id open to the public. For sign language interpreter services
:essible format, call Regina Mizell at 305-375-5117.
F' MONDAY, APRIL 18, 2005 1 5B
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
NOTICE OF PROPOSED
ZONING DISTRICT CHANGE
The Village of Key Biscayne proposes to adopt
the following ordinance:
AN ORDINANCE OF THE VILLAGE OF KEY
BISCAYNE, FLORIDA, AMENDING SECTION
30-102 "GU GOVERNMENTAL USE
DISTRICT OF CHAPTER 30 "ZONING" OF
THE CODE OF KEY BISCAYNE, FLORIDA, BY
ADDING A SCHEDULE OF PERMITTED
USES AND REGULATIONS FOR PUBLIC
BEACHES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE;
PROVIDING FOR AN EFFECTIVE DATE.
Please be advised that the Village Council of
the Village of Key Biscayne, sitting as the Local
Planning Agency, will hold a public hearing on
Tuesday, April 26, 2005 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon
Boulevard, Key Biscayne, Florida to consider
making a recommendation to the Village
Council on the proposed ordinance.
Immediately following the Local Planning
Agency meeting, the Village Council of the
Village of Key Biscayne in the Council Chamber
will consider at a public hearing the adoption of
the proposed ordinance on first reading.
A copy of the propco9d ordinance may be
obtained at Village Hall, Office of the Village
Clerk, 88 West McIntyre Street, Suite 220, Key
Biscayne, Florida 33149. Interested parties may
appear at the public hearings and be heard
with respect to the proposed ordinance.
In accordance with the Americans with Disabilities Act
of 1990, all persons who are disablea 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 such proceeding.
Should any person desire to appeal any decision of the
Local Planning Agency or 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).
Conchita H. Alvarez, CMC
Village Clerk
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 - ORDINANCES - MAY 24, 2005
ORDINANCE AMENDING CHAPTER 17 "NOISE", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
05/12/2005
Affiant 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, rebate, commi • or refund for the purpose
of securing t►' adverti ublication in the said
newspape
(SEAL)
AP
O.V. FERBEYRE personally known
Sworn to and subscribed before me this
Maria I Mesa
• My Commission DD293855
ofPF Expires March 04, 2008
VILLAGE OF KEY BISCAYNE
OFFICE ELF THE VILLAGE CLERK
PUBLIC NOTICE
Notice'ishereby given that the following ordinances will be considered
on Second Reading by the Village Council of .the Village of Key Biscayne
at a meeting to be held on Tuesday, May 24, 2005 at 7:00 p.m., in the
Council C nber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
AN ORDINANCE OF VILLAGE OF KEY-BISCAYNE, FLORIDAi
AMEND ,CHAPTER 17 "NOISE" OF THE VILLAGE CODE TO
ENHANCE 'REGULATIONS AND RESTRICTIONS ON NOISE;
PROVER, PENALTIES; PROVIDING FOR SEVERABILI,
TY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN
EFFEC' WrbATE.
AN ORDINANCE OF VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING CHAPTER 17 "NOISE" OF THE VILLAGE CODE BY
CREATING SECTION 17-8 "BURGLAR ALARMS"; PROVIDING
FOR PENALTIES; PROVIDING FOR SEVERABILITY; PROVID-
ING FOR INCLUSION IN CODE; PROVIDING FOR EFFECTIVE
DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORI
DA, AMENDING SECTION 30-102 "GU GOVERNMENTAL USE+
DISTRICT" OF CHAPTER 30 "ZONING" OF THE CODE OF KEY`
BISCAYNE, FLORIDA, BY ADDING A SCHEDULE OF PERMIT-
TED USES AND REGULATIONS FOR PUBLIC BEACHES; PRO-
VIDING FOR'SEVERABILITY; PROVIDING FOR INCLUSION IN
THE CODE; PROVING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE, VILLAGE OF KEY BISCAYNE, FLORI-
DA, AMEN D SECTION 4-32 "PROHIBITED WATER ACTIVITY
"OF CHAPTER 4 "BOATS, VESSELS AND WATERCRAFT" OF
THE CODE OF KEY BISCAYNE, FLORIDA, BY PROVIDING THAT
VILLAGE COUNCIL SHALL AUTHOW EXCEPTIONS IN LIEU
OF VILLAGE MANAGER; PROVING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN TIC CODE; PROVIDING FOR,
AN EFFECTIVE DATE.
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORI-
DA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER
2 "ADMINISTRATION",
BY AMENDING ARTICLE I "IN GENER-
AL", BY AMENDING SECTION 2-1 "CREATION OF DEPART-
MENTS" AT PARAGRAPH (a) "CREATED", TO REPEAL THE
REFERENCE TO THE CONSOLIDATED "PUBLIC SAFETY DE-
PARTMENT" AND TO INSTEAD CREATE A SEPARATE FIRE
RESCUE DEPARTMENT AND A POLICE DEPARTMENT; PRO-
VIDING FOR SEVERABIITY; PROVIDING FOR INCLUSION IN
THE VILLAGE CODE; PROVIDING FOR EFFECTIVE DATE.
A CAPITAL PROJECT AUTHORIZING ORDINANCE OF THE VIL-
LAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), CON-
CERNING THE CONSTRUCTION OF CRANDON BOULEVARD
IMPROVEMENTS - PHASE II OF THE VILLAGE; AUTHORIZING
AND PROVIDING FOR THE VILLAGE TO CONSTRUCT IM-
PROVEMENTS ON CRANDON BOULEVARD AND AT CERTAIN
ROADWAYS IN THE VICINITY OF CRANDON BOULEVARD, AS
DESCRIBED HEREIN; AUTHORIZING EXPENDITURE OF
FUNDS; PROVIDING FOR NOTICE OF ORDINANCE ADOPTION;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFEC-
TIVE DATE.
The proposed Ordinances may be inspected by the public at the Office
of the Village Clerk. Interested parties may appear at the Public Hearing
and be heard with respect to the proposed- Ordinance. Any person wish-
ing 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 American with Disabilities Act, of 1990, all persons
who are disabled and who need special accommodations Xo 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 such proceeding.
Should any person desire to appeal any 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 party relative to this matter may be submit-
ted in writing and or presented in person at the public hearing.
Conchita H. Alvarez, CMC
Village Clerk
5/12. 05-4-66/546539M