HomeMy Public PortalAbout2006-12 Creating an Advisory Board to be known as the Zoning Ordinance Review CommitteeORDINANCE NO. 2006-12
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA CREATING AN ADVISORY BOARD TO BE
KNOWN AS THE ZONING ORDINANCE REVIEW
COMMITTEE; PROVIDING, AMONG OTHER THINGS, THE
NUMBER AND QUALIFICATIONS OF BOARD MEMBERS,
RULES OF PROCEDURE AND THE DUTIES AND
RESPONSIBILITIES OF THE BOARD; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE
CODE AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the State of Florida, Comprehensive Plan legislation requires municipalities
to adopt land development regulations that are consistent with the Comprehensive Plan; and
WHEREAS, in 1999 the Village established a Zoning Ordinance Review Committee and
tasked it with recommending a Village zoning ordinance to be consistent with the Village's
Comprehensive Plan and to replace the County's regulations, a task which was successfully
accomplished by that Zoning Ordinance Review Committe; and
WHEREAS, the Village Council finds it to be in the Village's best interests to evaluate and
update the Village's zoning ordinance and land development regulations, and maintain consistency
with the Village's existing Comprehensive Plan, and to reestablish a Zoning Ordinance Review
Committee for that purpose.
BE IT ORDAINED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above is hereby adopted
and confirmed.
Section 2. Creation of Board. That Article XIV "Zoning Ordinance Review
Committee" of Chapter 2 "Administration" of the Village Code is hereby created, to read as follows:
Article XIV. Zoning Ordinance Review Committee.
Sec. 2-212. Creation, composition, qualifications and term.
(a) In accordance with Village Code Section 2-10, there is hereby created and
established the Village of Key Biscayne Zoning Ordinance Review
Committee (the "Board"). The Board shall be composed of 9 members
appointed by the Mayor, with the approval of the Village Council, as
provided by Village Charter Section 2.02 and a liaison from the Council
acting in an ex -officio capacity as a non -voting member. Board members
shall serve at the pleasure of the Village Council. Each member shall be
appointed for an indefinite term of up to two (2) years. The term of office
shall sooner expire on completion of the work of the Board. Members of the
Board shall serve without compensation and shall not be reimbursed for
travel, mileage, or per diem expenses.
(b) The backgrounds and qualifications for the members of the Board shall be as
follows:
(i) All members of the Board shall be residents of the Village; and
(ii) If possible, the committee should be composed of members with
qualifications as follows:
a. Three (3) registered architects or owners of an architectural
company;
b. One (1) real estate developer;
c. Four (4) citizens recognized as having a high degree of
knowledge and expertise in land use;
d. One (1) real estate agent or broker who specializes in the sale
of property in the Village; and
e. A liaison from the Council acting in an ex officio capacity as
a non voting member.
A Board member who ceases to reside within the Village limits during his or
her term of service shall be deemed to have resigned as of the date of his or her
change of residence from the Village.
(c) The Board shall designate one of its members as Chairman.
(d) In the event of the resignation or removal of any member of the Board, the
Mayor shall appoint a person to fill the vacancy on the Board for the
unexpired portion of the term of the member vacating such office, subject to
approval of the Village Council.
Sec. 2-213. Advisory capacity.
(a) The powers and duties of the Board shall be solely advisory in nature.
(b) The Board shall act in accordance with Village Code Section 2-10.
Sec. 2-214. Rules of procedure.
(a) The Board may adopt rules of procedure as authorized by Village Code
Section 2-10(k). In the absence of adoption of such rules of procedure, the
fundamental parliamentary procedures of Roberts Rules of Order shall apply
subject to the provisions of Village Code Section 2-10.
(b) During the first meeting of the Board, the members shall elect one of their
members to act as Vice -Chairman and a Secretary.
(c)
A majority of the members shall constitute a quorum for the transaction of
the business of the Board. Official action shall be taken by the Board only
upon the concurring vote of a majority of the members present at an official
meeting of the Board.
Sec. 2-215. Jurisdiction, duties.
The jurisdiction of the Board shall be solely advisory. Final actions of the Board
shall be in the appropriate form and written recommendations shall be provided to
the Village Council. The following matters shall be within the advisory jurisdiction
of the Board:
(1)
Evaluate the Village Land Development Code with the exception of
any regulations governing HR districts.
(2) Based upon the work in item (1) above, prepare and submit a report
to the Village Council recommending specific changes to the Land
Development Code.
(3) Any other related matters assigned to the Board by the Village
Council.
Sec. 2-216. Standards of conduct for members.
All members of the Board shall be subject to the standards of conduct for public
officers and employees as set by federal, state, county, Village or other applicable
law.
Sec. 2-217. Dissolution of board.
The Board shall be dissolved upon completion of the work of the Board as reflected
by the presentation to the Council of a final report from the Board or from the Village
Manager indicating that the work of the Board is complete.
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 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 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 5. Effective Date. That this ordinance shall become effective immediately upon
adoption at second reading.
PASSED AND ADOPTED on first reading this 14th day of November, 2006.
PASSED AND ADOPTED on second reading this 5th day 2006.
,27
,g,/,ozi,
HITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
VILLAGE ATTO ►.li_ Y
MAYOR ROBERT L. VERNON
4
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 12/5/2006
ORD. CREATING AN ADVISORY BOARD, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
11/22/2006
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, commission or refund for the purpose
of securing JI s advertis or publication in the said
newspap
Sworn to and subscribed before me this
22 day of NOVEMBER , A.D. 2006
0-5/,/
(SEAL)
O.V. FERBEYRE personally known to me
Cheryl H Manner
My Commissron D0338559
of I{xpnres July 18, 2008
PROVIQ N
QUAILIIC
CEDURE
THE BOA
FOR 11,_ �_
EFFECTIV
The propo .
the Village
be heard with
address thig Vi
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
PUBLIC NOTICE
Notice is hereby given thatthefollowing ordinance will be considered on
Second Reading gythe Village.. Council of the Village of Key Biscayne at a
meeting to be held an Tuesday, December' 5; 2006 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
Florida:
AN ORDINANf Mfg -VII AGE OF; KEY BISCAYNE,
FLORIDA CREAtINCAN:ADVISORY BOARD TO BE KNOWN
AS THE ZONNG::ORDINANCE REVIEW COMMITTEE;
O ER THINGS, THE NUMBER AND
RD,MEMBERS, RULES OF PRO-
1ESPONSIBILITIES OF
,ERABILITY; PROVIDING
ODEAND PROVIDING FOR AN
inspected by Me public at the Office of
restedparties may appearatthe Public bearing and
t to-th"e proposed Ordinance. Any person wishing to -
Council on any item at this Public Hearing is asked to
register With the Village Clerk prior to that item being heard.
In accordance: theklAmericans-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 Westi, t yre Street, Suite 220, Key
Biscayne, Florida 33149, _telephone riuu ber�( 05) 365-5506, not later
than two business daysprior to such r ceedin x
Shorild= my
with re
shall in
testimony
(F.S. 286F
Comment
in writing
11/22
f. he, Village Council
meet ng,,. that person
eedings is»made including all
y appeal may be based
r may be submitted
9
Conchita H. ft varez, CMC
Village Clerk
06-4-148/754755M