HomeMy Public PortalAbout2006-11 Amending Development Regulations for Single Family and Two-Family DistrictsORDINANCE NO. 2006-11
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING CHAPTER 30 "ZONING" OF THE
CODE OF KEY BISCAYNE, FLORIDA BY AMENDING
DEVELOPMENT REGULATIONS FOR SINGLE FAMILY
AND TWO-FAMILY DISTRICTS, LIMITING MAXIMUM
FLOOR AREA RATIO REQUIREMENTS FOR
DEVELOPMENT ON TWO OR MORE LOTS; 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
Single Family and Two -Family Districts of the Village Zoning and Land Development Regulations
contained in Chapter 30 of the Code of Key Biscayne, Florida, in relation to maximum floor area
ratio for development on two or more lots 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:
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Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Amendments to Section 30-100. That Section 30-100 "Single Family and
Two -Family districts" of Chapter 30 "Zoning and Land Development Regulations" of the Code of
Key Biscayne, Florida is hereby amended as follows:
Sec. 30-100. Single Family and Two -Family districts.
*
(b) Development Regulations.
TABLE INSET:
* *
Regulation
VR
Village
Residential
VE
Village
Estate
IR
Island
Residential
PS
Parkside
Residential
Lot Frontage
Lot Area
Minimum Pervious
Area (% of
Lot)
Maximum Lot
Coverage
Maximum
Floor Area Ratio
(FAR)
Minimum as
platted *
Maximum two
platted Lots *
Minimum as
platted *
Maximum two
platted Lots *
Minimum as
platted *
Maximum two
platted Lots *
Minimum as
platted *
Maximum two
platted Lots *
Minimum 7,500
sq. ft. or as
platted *
Maximum two
platted Lots *
30%
Minimum
10,000 sq. ft. or
as platted *
Maximum two
platted Lots *
30%
Minimum 10,000
sq. ft. or as
platted *
Maximum two
platted Lots *
30%
Minimum
7,500 sq. ft. or
as platted *
Maximum two
platted Lots *
30%
One Story residences, 45%
Multistory residences, 35%
Porches and landings that are completely open on at least two sides, with the
exception of railings and balustrades, shall not be included in the Lot
Coverage calculation. (See Lot Coverage definition.)
.47
For new construction on vacant Lots and Development that exceeds 50
percent of the assessed value of the Building the following shall apply:
2
Base FAR
.30 for Developments on one platted Lot in the VR and PS districts.
.36 for Developments in the VE and IR districts.
.13 for Developments on more than one platted Lot.
Notwithstanding the above, the base FAR for a One Story Home is .36.
Maximum FAR
. 47 for Developments on one platted Lot. **
. 35 for Developments on two or more platted Lots.
* Platted as of the effective date of this ordinance (October 24. 2000).
** Except where said platted Lot was created by the resubdivision (through platting or otherwise)
of two or more platted Lots, from and after October 10, 2006. Said newly created Lot shall be
deemed to be two platted Lots and limited to a maximum FAR of .35.
A development may exceed the base FAR but contain no more than the maximum FAR as set
forth above subject to an administrative determination by the Building, Zoning, and Planning
Director that the design meets one or more of the below criteria.
The FAR bonus must be listed on the Site Plan page and approved by the plans reviewer and the
Building, Zoning and Planning Director. No certificate of occupancy or completion shall be issued
unless the completed development includes each of the bonuses listed on the approved Site Plan.
VR and PS Districts: Designs that do not receive both bonuses 3 and 11 shall be assigned a
minus .10.
VE and IR Districts: Designs that do not receive bonus 11 shall be assigned a minus .10.
TABLE INSET:
Criteria
FAR Increase
1.
Porch facing a Street.
.00005 per sq. ft. of Floor Area to a
maximum of .03 FAR increase
2.
Open and unenclosed balconies located
above the first finished floor
.00005 per sq. ft. of Floor Area to a
maximum of .03 FAR increase
3.
Building located 15--20 ft. from a front of
property line
.001 per Linear Foot of Frontage of a
Wall that is located 15--20 ft. from a
front property line (maximum .03)
4.
Garage or Carport containing two or more
vehicles parked parallel with an exterior
column separating each of the spaces
.03
3
5.
Single Story Home
.03
6.
Combination One and Two Story Home with
the second floor occupying less than 50
percent of the Floor Area of the first floor
under roof
.10
7.
Entrances to Parking garages:
Interior Lot: placed in a location that does
not face the Street.
.02
Corner Lot: entrance in a Side Yard
.02
8.
All windows above the first floor facing an
adjacent Building which are —five ft. above
the finished floor
.01 per side
or if all Building Walls along the interior
side of a property do not have windows
.03 per home side
9.
Side Yard Setback which:
a. Exceeds the required Yard
.00005 per each sq. ft. to a maximum
of.03
b. Has a minimum 15 ft. Side Yard Setback
.03
10.
Building located within 15--20 ft. of the rear
Lot line
.001 per linear foot of a Wall located
15--20 ft. from the rear property line
with a maximum of .03
11.
VR and PS Districts: Structures that provide
a frontSetback of less than 25 ft. which have
a roof at least three ft. lower than the roof of
the main Structure
.03
IR and VE Districts: A portion of the
Building havinga length of at least ten ft.
with a Front Yard Setbackthat exceeds the
required 25 ft. Setback
.0002 per sq. ft., maximum .03
12.
Reduction in Building Height.
.006 per foot or fraction thereof with a
maximum of .03
*
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
4
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. Effective Date. This Ordinance shall be effective upon adoption on second
reading.
PASSED AND ADOPTED on first reading this 24th day of October , 2006.
PASSED AND ADOPTED on second reading this 14th day of November , 2006.
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
VILLAGE ATTaRNEY:
5
MAYOR ROBERT L. VERNON
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 - SECOND READING BY THE
VILLAGE COUNCIL FOR NOVEMBER 14, 2006
in the XXXX Court,
was published in said newspaper in the issues of
11/02/2006
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, corn -'•n or refund for the purpose
of securing adverti -ment fa r publication in the said
newspap
Sworn to and subscribed before me this
(SEAL)
O.V. FERBEYRE personally known to me
Maria I Mesa
Vly Commission DD293855
Expires March 04, 2008
VILA
TN.;
the,Villa�g Clerk.
be-, Oaf, lth,
address e:Village;
register:y ith`tf eVIIII`
In accordance =� yith,- the_wAme
persons hwho_,are :disabled -,and,,
participate in this,proceeng beca
Office -of 'the :Village--9tetk,`
than twot usin ss dajt~s prior tosucl pro
a1I
iti�r?s °to
y' tot
-the
aka_ lKey
506 "not later
Should any person desire_to. appeal ecisiori- it. he (illage Council
with respect to any; matter be. con 1dered at€this eeting .that person
shaft insure that a verbatim record ofthe°robe dingJssnade including all
testimony: and evidence upon _whic i= ny appeal may:tie-based F.S.
286.0105). -
Comments of, any interested party relative to ismatter may be,submitted
in writing and or presented in person at to public hearing.^ -
11/2
►1varez, tMC
-1064-54/745471M