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2005-19 Amending Chapter 30 Zoning re Alcoholic beverages, off-street parking, non-residential district signs
ORDINANCE NO. 2005-19 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE CODE OF KEY BISCAYNE, FLORIDA BY AMENDING DEFINITIONS; AMENDING PERMITTED AND CONDITIONAL USES; AMENDING DEVELOPMENT REGULATIONS INCLUDING, BUT NOT LIMITED TO, HEIGHT, SETBACK AND FLOOR AREA RATIO REQUIREMENTS; AMENDING PERFORMANCE STANDARDS; AMENDING SUPPLEMENTAL REGULATIONS PERTAINING TO ALCOHOLIC BEVERAGES; AMENDING OFF-STREET PARKING REQUIREMENTS; AMENDING NON-RESIDENTIAL DISTRICT SIGN REQUIREMENTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village has reevaluated the land development regulations applicable to the Commercial and Office Districts of the Village Zoning and Land Development Regulations contained in Chapter 30 of the Code of Key Biscayne, Florida, in relation to development along Crandon Boulevard 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. 1 NOW, THEREFORE, BE IT ORDAINED BY 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. Amendment to Section 30-11. That Section 30-11 "Definitions" of Chapter 30 "Zoning" of the Code of Key Biscayne, Florida is hereby amended as follows: Sec. 30-11. Definitions. * * * Floor Area. The sum of the areas of the floors of a Building or Buildings, measured from the exterior faces of exterior Walls or from the exterior face of an architectural projection, from the centerline of Walls separating two attached Buildings. The calculation of Floor Area for Unit sizes is measured from the centerline of a party Wall to the interior face of an exterior Wall. The Floor Area of a Building shall include all areas except for those areas listed below, unless otherwise provided for in this chapter: (1) Accessory water tanks or cooling Towers. (2) Unenclosed exterior staircases or steps, exterior open fire escapes and open stairwells. (3) Attic space, whether or not a floor actually has been laid, providing structural headroom of less than seven feet six inches. (4) Unenclosed exterior Terraces, Balconies, breezeways, Porches, Carports, Gazebos, sheds or hallways or areas that provide Access to a Unit or Units. (5) Any floor space utilized for parking within an accessory off-street Parking garage. For single Family and Two -Family Structures, the Parking garage is included in the FAR calculation if the finished floor is more than two feet above the crown of the road except as set forth in subparagraph (8). If the Parking garage is the main Permitted Use, then the Floor Area of the Parking levels shall be included in the calculation for Floor Area Ratio. (6) Mechanical equipment rooms located above the main roof deck. (7) Exterior unenclosed private or public Balconies. (8) Floor Area located below BFE is excluded; however, if the ceiling is above BFE and the space is enclosed on more than two sides, 10 percent of the horizontal Floor Area of the space below BFE is included in the Floor Area. (9) Exterior elevators and landings. (10) Chaises. (11) Service station or automotive repair when located in a parking garage. 2 In volumetric Buildings where there are no interior floors above the finished floor, the Floor Area shall be calculated as if there were a floor for every ten feet. Volumetric space between ten and 13 feet is not counted. Volumetric space above 13 feet shall be calculated as follows: Floor area = 10 percent for each one foot or fraction thereof in height x square feet of the space. Volumetric space is not counted in the following: (1) In entranceways that contain 225 square feet or less. (2) Space between ten and 13 feet above the finished floor. (3) Space above stairs. Lot Coverage. The area of the Lot Occupied by all Buildings, covered Structures and Terraces above Maximum Lot Elevation, excluding the following: In Commercial, Office, or Multiple Family Districts, uncovered, open plazas located on the upper deck of aparking garage, so long as the upper deck is no higher than two 2.0 feet above the Base Flood Elevation constructed with an elevation at or below 3.0 ft. below grade; exterior steps and landings attached to and providing a means of ingress and egress from a Building; Carport Canopies which occupy less than 300 square feet in area; Gazebos occupying a total area of up to two percent of the lot size; utility sheds; carports and porches that provide a ten foot setback pursuant to section 30-100(0(12); planters with a maximum height of four feet above grade and patios, Decks and swimming pools that are located below the Maximum Lot Elevation. Lot Coverage shall specifically include any non -roofed areas by Walls (other than Building Walls) that exceed six feet in height and are attached to or otherwise form an integral part of Building. * * * Section 3. Amendments to Section 30-101. That Section 30-101 "Commercial Districts" of Chapter 30 "Zoning" of the Code of Key Biscayne, Florida is hereby amended as follows: Sec. 30-101. Commercial Districts. C-1 Low Intensity Commercial District. (a) Purpose and Uses. _.4 li'_ J . _ i k fl � ;t > 5;'g' Y �.p#gt �'", ts• � "rta�C�k �d.Ec .'i .w, ��SS ..'m. •I- yJ ��w+mm,-+.,YS�' E..:§' �e #, _.h I' i`� .k4,. . u•'' :a *yet... ,,...� �." k _... .. �1�4 YYA Yw h.. 2 i II .'1�'` a, > •s y"S�Y�. `S• �.�, "' ®�. .y .T' 'C riY�:_• �.1, is t. v^��.. ix•'�- "?�. ,. - +,Y..y •.R- r `RtT- 4 n �a�C� �. "+ „t4 ,. +.�„.. .[S�i � _�:�L�""=y' -`_ ,�{,, '�`.F`e _sv OFr.ae S," � r ""a bk a .,�• 1 = _ •x :r3a."-+,?.w�;�"?*.. � Z" ;t ryY� °fs , ,R 4 F °✓",.`,^A1 »'��'�`� 7�': �xs .��;`;,' ��",.a,',aa-a . ayrnJ. - ^�,':'," C., _aiN � Y�C 2(aJ�h�• �.",2.w- `�. Y '�w"0" �'p,�'':h6e. �. �a� 'fin. ,' A Y� :3; er, � v" ;, ��.�` '; .Y e _ rl�xaw. =t i4,%F;4 µ..fns `'� a�"":�f,'-i h"#:>y,"< `,<'•; :; .d `1t '� IVdv'-2 q�,2Y , . s k M^ ,; ' . 9 tiR.,.!�' ,. »'+ A., y _ ,.1k'i,_'}�' Y.. +`�,t:�s'= i �uF"A�Li v ,Se.t., y 2 i.r ♦.{: d `fie 4R • •"°'' ��.,' _ st Y . �.. D" �. < <* t„ "���!'. �s�''g"$, 4 fin .. �.�5 ,y.3 �:, aip Ri��. n S. ^w. t s,`n'�'Yy' ; x his district permits he Development of land in a low intensity manner and Uses that Bar Uses i the primary use on the site; 3 provide for the sale of goods and products that are needed throughout the entire Village. The permitted uses provide goods and services that primarily serve the residents of the Village. or multiple business entity(ies) that are affiliated can occupy more than 10,000 sq. ft. Medical offices shall not exceed 10,000 sq. ft. 2. Retail uses: No individual or multiple business entity(s) shall occupy more than 10,000 sq. ft.*. except for stores whose principal product is food for consumption off the premises. it of Antique furniture that is at least 50 years old and the resale of jewelry, art, and furs.* Personal Service Uses Restaurant (except on parcels that immediately abut a single Family district) Permitted Uses (See Sec. 30- 111) or Accessory Use. I) (See Sec. 30-11 * If a Use is located immediately adjacent to a single Family district, then such Use shall be closed after 6:00 p.m. Monday through Saturday. On Sunday, the hours of business are limited to 9:00 a.m. through 1:00 p.m. These restrictions do not apply from Thanksgiving through December 31 where the hours of operation shall be the same as the majority of businesses in the Village. (b) Development Regulations. Front First Floor 10 ft. 1 3 stories not 1 .20-.50 4 40% 140,000 to 21,000 sq. ft. Above 1st floor it Side, Interior Side, Facing street Rear 20 20 10 25 ft: to exceed 35 ft. FAR may be increased to .55 by: a..025 if subterranean parking garage receives the bonus and/or b..025 if a parking garage is sited at least 50 ft. from a public street. 35% sq.ft. More than 21,000 less than or = to 60,000 sq. ft. 3 stories not to exceed 35 ft. .20-.50 FAR may be increased to .55 by: a..025 if subterranean parking garage receives the bonus and/or b..025 if a parking garage is sited at least 50 ft. from a public street. 35% More than 60,000 but less than 100,000 sq. ft. 3 stories not to exceed 35 ft. .20-.50 FAR may be increased to .55 by: a..025 if subterranean parking garage receives the bonus and/or b..025 if a parking garage is sited at least 50 ft. from a public street. 35% 100,000 sq. ft. or more 3 stories not to exceed 35 .20-.50 35% 5 it. FAR maybe increased to .55 by: a..025 if subterranean parking garage receives the bonus and/or b..025 if a parking garage is sited at least 50 ft. from a public street. *Lots must be adjacent to one another and have at least one lot line in common **The FAR Design Bonus Schedule is a range based on a minimum and a maximum. (c) Setback Requirements. First and second floor shall be 10 ft. Third floor shall be greater than 20 ft. 0-5 ft. based on Site Plan Review for sideyard facing a street; 0-30 ft. based on Site Plan Review for interior sideyard. If adjacent to land zoned Institutional or adjacent to a park, the sideyard setback is 35 ft. 25 ft. facing Fernwood Rd., Village Green Way or adjacent to single family district; 35 ft. if adjacent. to land zoned Institutional or adjacent to a park 0 ft. in all other situations (d) Floor Area Ratio Design Bonus Schedule. A qq fi�tX�°f' ���Avi 5"..sn- .r 4f � •�)^�' ask.¢ mvv„ `E} q�».,:F �G a s i g '.iu�;�'�. I�,zY',x v. `k.r .. t» " js , , «_' In P A'� " �lri ,s' w 4� '3 ,6ry�� `~E' y.>sydc: �.� .� � �;�i: p... �F.a�%,rt.x I�{"x�S�WDi'ec"���� '� :a ` d'y <! 4W. '� "`-. �°�J 0 ,�� �'..,�.e -•-�;:. �'Y "�'' ;a+ 6 .LT'° �w.1A'.�." `t ql 4 - ..'.^ f �'piz +`.�y _ d� +3' N 1 z*•a ,4; p av i}:. 1 yen"A.�S,-Y', LA.•. .f " . �"nY#� .;te." ex+1 ) .�,. m X, p s ,.s5 5� 1.Elevation facing a street a.0.0005 per sq. ft. of window a.0.05 a. First floor: zoning Code requires 50% of elevation to be in windows. Bonus for b.0.0005 per linear ft. of stair width b.0.05 additional windows. c.0.0003 per linear ft. of roof line c.0.08 b. Steps in front of the storefront leading providing the length of the roof element to the street is not less that 25% of the length for the c. Variation in vertical roof lines largest roof 6 11 d. Variation in building wall plane d.0.0003 per linear ft. of wall recess or d.0.08 e. Mansard or pitched roof facing a street projection measured from the corner of f. Ornamental reveals, designs, or trellis the wall joint to corner wall joint of g. Open balconies with 75% of each side each recess or projected element having railings e.0.0003 per linear ft. e.0.08 h. Porch or covered terrace (not a f. 0.002 per sq. ft. of decorative element f.0.02 balcony) or trellis area g.0.0001 per sq. ft. of balcony floor area 8.0.02 h.0.00003 per sq. ft. of porch or terrace h.0.08 floor area 2.Courtyards and passageways to interior public spaces .000007 per sq. ft. of courtyard floor a.0.07 a. Interior courtyards area b.0.07 b. Pedestrian Passageways to interior ft. .000007 per sq. of passageway floor courtyards. No pedestrian passageway area can be an interior courtyard. 3.Clustering of Building(s): this bonus is building, individual .05 per provided no .15 limited to projects that occur on 60,000 building floor is less area than 35% of sq. ft. or more of land. largest building floor the area. Buildings may be connected by roofed passageways. 4.Sites adjacent to a park that provide an Route must provide two way traffic, .10 alternate route to Crandon Boulevard. fronting commercial uses on > 50% of frontage, and if it connects to two streets then easement to the Village. 5.Use a. Automobile repair* a..03 per auto repair bay. a. 0.09 and/or *All new auto repair uses shall agree to a recorded development restriction limiting the use of the property for auto repair for a minimum period of 10 years. b. Service Station b. .08 b..02 per gasoline dispenser. 6.Parking Garages a. finished floor located below grade in a 0.06 per foot or fraction thereof below 0.20 garage that contains > 50% of the Grade :Nuked parking spaces. 7 7.At Grade Parking Lots 0.025 when access is provided to an 0.025 adjacent parking lot 8.Landscaping: Providing more a.0.005 per shade tree a.0.05 landscaping than is required b.0.00005 per native shrub b.0.01 a. Shade trees c.0.00005 per sq. ft. of ground cover c.0.01 b. Native shrub d.0.00005 d.0.01 c. Ground cover d. Planter boxes (c) Lej Performance Standards (all items apply to uses in the C-1 District). (1) Service Stations, automotive repair, detailing and washing. a. All vehicle repair shall take place within a fully enclosed Building. b. No windows or garage doors shall be placed within 100 feet of residentially zoned property. c. The overnight outdoor storage of vehicles is prohibited. d. Detailing/car washing shall only be permitted in a Structure or under a permitted Canopy. Canopies shall not be placed where they will interfere with on -site Parking or traffic circulation nor visible from a street. e. Air compressors shall be within a wholly enclosed building that prevents the transmission of noise. (2) Burglar alarm. The alarm bell or device shall not face residentially zoned property. (3) Buffering and Screening: A decorative, opaque six-foot CBS Wall shall be placed 5 ff. from any property line adjacent to a street. The area between the property line and the Building Wall shall have dense landscaping. The design of the Wall and the landscaping shall be approved by the Building, Zoning, and Planning Director. The Director shall determine if the Wall and landscaping provides —an adequate buffer and screen between the Commercial Uses and the Adjacent Properties. The Director may require that additional trees be placed in the swale Regulations. (4) Restaurants may offer alcoholic beverages for consumption on the Premises if the primarily primary Use of the property is for the sale of meals. There shall be a printed menu and food shall be available for the entire time the restaurant is open. Alcohol sales may occur as long as the restaurant is open and food is available for consumption on the Premises. (5) The Wall; which contains the main entrance into a business; shall have a minimum of 50 percent of the surface in windows and doors. 8 (6) Perimeter Walls or fences that face a Street shall be set back two feet from the Lot line. (7) Commercial properties may provide two way access from Fernwood Rd. for pedestrians, bicycles, and golf carts; however, the access shall be sited in a manner which does not result in a direct route to Crandon Boulevard. (8) If a roof deck contains parking spaces, it shall include an opaque 42 inch high parapet. (9) Stores and offices shall provide a kneewall or bulkhead between 18-24 inches in height. (10) Buildings which are on sites that include more than one lot shall provide a covered or uncovered passageway for every 200 linear feet of building facade. (11) When stairs are provided from a building to a sidewalk, then the width of the stairs shall not be less than 10 ft. (12) Parking Garages a. The exterior elevations of accessory parking structures shall be designed the architecturally integrated with the exterior elevation. b. Primary entrances to a parking structure shall not be located on the main facade of the principal use which the parking structure serves. c. Openings in parking structures shall be screened so that no cars, headlights, or light fixtures are visible from surrounding uses. The size and proportions of openings shall be compatible with neighboring buildings. Glazing, perforated metal panels, applied surface elements, landscaping or combinations of these that are compatible with other materials of the facade shall be used to screen openings. d. Driveway and pedestrian entries to parking structures shall be integrated with the ground level facade and shall include doors compatible with the design of the building. (13) Buildings sited at the corner of two public streets shall provide a prominent corner entrance to street level shops or lobby space. (14) Flat roofs shall not be visible from the street or from any floor that contains commercial or office uses. Pitched or mansard roofs shall not use tar, gravel, or asphalt shingles or other similar products as determined by the Building, Zoning, and Planning Director. Flat roofs of garages shall have a parapet or other opaque screening at least 36 inches high measured from the finished deck floor, to shield automobiles from public view at the street level. 9 (15) Asphalt or other similar products as determined by the Building, Zoning, and Planning Director shall not be on the surface of any floor that is considered as common space which contains commercial or office uses. (16) Common space such as, but not limited to, courtyards, plazas, and pedestrian spaces shall be landscaped in accordance with the landscape standards for vehicular use areas (See Section 30-238), or hardscaped for use as plazas, courtyards, and pedestrian passages integrated into the overall site layout and pedestrian circulation system. These spaces may include architectural trellis work over at least 30% of the top deck area, or treated with a combination of architectural and landscape elements to achieve a screening effect. (17) In Shopping Centers, facades which front on a street shall contain storefronts that provide the main entrance into the place of business. (18) All properties which have retail and/or office uses shall provide a bicycle rack or racks which contain one bicycle space per 5 retail and/or office spaces. This shall apply to all shopping centers which currently do not have bicycle racks as well as all existing new shopping centers. Section 4. Amendments to Section 30-106. That Section 30-106 "Office District" of Chapter 30 "Zoning" of the Code of Key Biscayne, Florida is hereby amended to add paragraph (c) (3) as follows: Sec. 30-116. Office District. 0-1 Low Intensity Office District. (c) Performance standards. (1) Walls facing a Street shall include a minimum of 50 percent of the surface in windows and doors. (2) Walls facing residentially zoned property shall not have windows; however, the design of the Wall shall include architectural treatments that add visual interest such as scoring, caps, columns, reveals, and similar architectural treatments. The design shall be approved by the Building, Zoning, and Planning Director. For properties that front on Crandon Boulevard, the performance standards of the C- 1 Low Intensity Commercial District, Section 30-101(e) shall apply. 10 Section 5. Amendments to Section 30-112. That Section 30-112 "Supplemental Regulations" of Chapter 30 "Zoning" of the Code of Key Biscayne, Florida is hereby amended to read as follows: Sec. 30-112. Supplemental Regulations. (a) Alcoholic beverages. The Village shall use the Miami -Dade County Ordinance for purposes of regulating the sale of alcoholic beverages; however, in no instance shall alcoholic beverages be offered for sale for consumption on or off the Premises, except in bars, as incidental to for restaurants and grocery stores (limited to the sale of beer and wine only for consumption off the premises) within 500 feet of a place of worship, a school or from a parcel immediately adjacent to a single Family district. The distance measurement shall be a straight line measured from the property line where the establishment is located to the nearest point of the property line of the school or place of worship. No establishment, except for Hotel room service, shall offer alcoholic beverages for consumption on or off the Premises between 2:00 a.m. and 7:00 a.m. on any day of the week. However, beer and wine may be sold, for off premises consumption only, 24 hours. The Village Council may grant an extended hours license, pursuant to the Conditional Use procedures set forth in section 30-72, to allow an establishment to offer alcoholic beverages for consumption on or off the Premises as late as 4:50 a.m. In evaluating such requests, the Village Council shall use the following criteria: (1) The number of off-street Parking spaces; (2) The amount and degree of law enforcement activities; and (3) The impact on Adjacent Properties in terms of noise and traffic. The Village Council may require, as a condition of granting an extended hours license, conditions to mitigate the adverse impacts that such establishments have on Adjacent Properties. The extended hours license is personal to the applicant and shall not be transferred or assumed without the approval of the Village Council pursuant to the Conditional Use procedures set forth in section 30-72. An extended hours license is automatically renewed unless it is suspended by the Village Manager. Following the suspension, the Village Council shall hold a public hearing to determine it should be reinstated or revoked. The Village Manager's decision to suspend the extended hours license must be based on a determination that the Use is harmful to the health, safety, and welfare of the Village. The Council shall determine whether there is competent and substantial evidence to support the decision of the Village Manager using the process for an appeal of an administrative decision (See section 30-70). Prior to a decision to suspend an extended hours license, the Police Chief shall submit a report and recommendation to the Village Manager. The report shall address the criteria listed in subparagraphs (1)--(3) above. The granting of an extended hours license is a privilege subject to revocation by the Village Council at any time. As such, no Person may reasonably rely on a continuation of the privilege. 11 " ) " * * * S e c t i o n 6 . A m e n d m e n t t o S e c t i o n 3 0 - 1 8 4 . T h a t S e c t i o n 3 0 - 1 8 4 " A m o u n t o f r e q u i r e d O f f - S t r e e t P a r k i n g " o f C h a p t e r 3 0 " Z o n i n g " o f t h e C o d e o f K e y B i s c a y n e , F l o r i d a i s h e r e b y a m e n d e d t o a d d p a r a g r a p h ( d ) a s f o l l o w s : S e c . 3 0 - 1 8 4 . A m o u n t o f r e q u i r e d O f f - S t r e e t P a r k i n g . * * * ( d ) U s e s i n t h e C - 1 D i s t r i c t s h a l l p r o v i d e o n e g o l f c a r t s p a c e p e r f i f t y ( 5 0 ) v e h i c u l a r s p a c e s . S e c t i o n 7 . A m e n d m e n t s t o S e c t i o n 3 0 - 1 9 5 . T h a t S e c t i o n 3 0 - 1 9 5 " T o n - r e s i d e n t i a l d i s t r i c t s i g n s " o f C h a p t e r 3 0 " Z o n i n g " o f t h e C o d e o f K e y B i s c a y n e , F l o r i d a i s h e r e b y a m e n d e d t o a d d p a r a g r a p h ( 8 ) a s f o l l o w s : S e c . 3 0 - 1 9 5 . N o n - R e s i d e n t i a l D i s t r i c t S i g n s . * * * ( 8 ) P e r m i t t e d S i g n a g e i n O f f i c e D i s t r i c t . N u m b e r O n e p e r b u i l d i n g m o u n t e d o n a w a l l f a c i n g t h e s t r e e t A r e a ( m a x i m u m ) 2 0 s q . f t . L e t t e r H e i g h t ( m a x i m u m ) 1 2 i n c h e s e x c e p t f o r l o t s f a c i n g C r a n d o n B o u l e v a r d . S i g n s s h a l l h a v e a m a x i m u m l e t t e r h e i g h t o f 1 8 i n c h e s . I l l u m i n a t i o n P e r m i t t e d o n l y f o r r e v e r s e c h a n n e l l e t t e r s w i t h b a c k l i g h t e d l e t t e r s M o n u m e n t S i g n s N o t p e r m i t t e d D i r e c t o r y S i g n O n e p e r b u i l d i n g l o c a t e d a t t h e e n t r a n c e t o t h e b u i l d i n g w i t h a m a x i m u m a r e a o f 1 5 s q . f t . I t m a y b e e x t e r n a l l y o r i n t e r n a l l y i l l u m i n a t e d w i t h t h e m a x i m u m w a t t s t o p e r m i t 1 2 the letters to be read at a distance not to exceed 3 ft. from the Directory Sign. This regulation only affects Directory Signs which can be viewed from a street. Section 8. 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 9. Effective Date. This Ordinance shall be effective upon adoption on second reading. PASSED AND ADOPTED on first reading this Stn day of November , 2005. PASSED AND ADOPTED on second reading this 22nd day of November , 2005. Ao cit&t,ht MAYOR ROBERT OLDAKOWSKI ad/eV' CHITA ALVAREZ, VILLAGE CLERK APPROVED AS TO FQRM AND LEGAL SUFFICIEN r STEPHEN J. ELF , VILLAGE ATTORNE 7 13 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 OCTELMA 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 FOR NOV. 22, 2005 in the XXXX Court, was published in said newspaper in the issues of 11/11/2005 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, commission or refund for the purpose of securi g this advertisement �; blication in the said newsp •e, Sworn to and subscribed before me this 11 day of NOVEMBER (SEAL) , A.D. 2005 okief 01.0416 Cheryl H Marmer OCTELMA V. FERBEYRE pe allyM+ Ommrtas€roea DD338559 a, Expires July 18, 2008 VILLAGE or ICE BIscAYHE OFFICE OF THE VILLAGE CLERK PUBLIC, Q ICE Notice is hereby given that the followt%g of Second Reading by the Village Council o i meeting to be held on Tuesday; NoveYa Council Chamber, located at.560�Ct Florida: AN ORDINANCE_ OF THE VILLA �- _,rBISC►YJ AMENDING CHAPTER ' 30 "?Q 1 . T.IiE,CO BISCAYNE, FLORIDA BY AMENDING- DEFINm , G� E•OF names willsbie considered on e Village of Key Biscayne at a 005 at 0© p.m., in the ouleyard, _ K.y Biscayne, E, FLORIDA, IE } OF_ KEY ENDING` PERMITTED AND CONDITIONAL USES; _ AMEND G DEVELOP- MENT_REGULATIONS INCLUDING, BUT NOT*LIMITED TO, HEIG 1T, SETBACK AND FLOOR AREA RATIO REQ'UIREMENT'S IIIENDING PERFORMANCE STANDARDS;" AMENDING SUPPLEMENTAL REG ULATIONS PERTAINING TO ALCOHOLIC, E RA S ,AME DING, OFF-STREET PARKING REOUIREM „E DING NON- ngsiDgNTIAL, D STRICT,SIGN:R I i S; PROVIDING FOR sgveliOr PROVIDING FOR:, di al-itHE`.CODE;-AND PROVIDING R AN EFFECTIVE`Di TE. AN ORDINANCE AMENDING THE`iCODE OF'ORDINANCES OF THE' VILLAGE OF K kSCAYNE, FLORIDA ENDING -CHAPTER_ 23 -"RETIREMENT"` AT SECTION"2'3-35"CO NO* T IB,UTIONS" TO SET THE -EMPLOYEE =CONTRIBUTION' RATE AT, "10.5%; i`PROVIDING THAT THIS ORDINANCE " SHALL: 'St PERCEDE:•` EMERGENCY ,ORDINANCE NO. 2005-15; PROVIDING FOR SEVERA JLITY; PRO- VIDING FOR INCLUSION IN THE- CODE; AND PROVIDING - AN ,EFFECTIVE DATE. The proposed Ordinances may be inspected by the public at the Office of the Village Clerk. interested parties may appear of the 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 McIntyreStreet, 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 submitted in writing and or presented in person at the public hearing. 11/11 Conchita H. Alvarez, CMC Village Clerk 05-4-07/605726M