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Home My Public Portal About2023-07 Amending Chapter 30 Zoning and Land Develpoment Regulations creating section 30-42 Development Incentives for Stormwater ManagementO R D IN A N C E N O . 20 23 -0 7 AN O RD INANCE O F TH E VIL LAG E O F KE Y BISCAYNE, FL O RID A , AM ENDING CHA PTER 30, "ZO NING AND LAND DEV E L O PM ENT REG UL ATI O NS," O F TH E VILLAG E CO DE O F O RD INAN CE S CR EATI NG SECTI O N 30-42, "DEVELO PM ENT INCE NTIV ES FO R ST O RMW ATER M ANAG EM ENT"; PR O V IDING FO R SEVERA BI LI TY; PRO VIDING FO R C O DIFIC ATI O N; PRO VIDING FO R CO NFLICTS; AND PRO V ID ING FO R A N EFFECT IV E DATE. WHEREAS, the Village of Key Biscayne (the "Village") has adopted Zoning and Land Development Regulations in order to promote the health, safety, order, convenience, comfort, and general welfare of the public, and to promote and preserve the character and ecological quality of the Village as articulated in the Village's Comprehensive Plan; and WHEREAS, the Village Council finds it periodically necessary to amend its Code of Ordinances in order to update regulations and procedures to implement planning goals and objectives; and WHEREAS, the Village Council, sitting in its capacity as the Local Planning Agency, has reviewed this Ordinance and recommends approval; and WHEREAS, the Village Council finds that this Ordinance is in the best interest of the Village's residents. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: 1 Section 1. Recitals. The above-stated recitals are true and correct and are incorporated herein by this reference. Section 2. Amending Chapter 30 of the Village Code. That the Code of Key Biscayne, Florida, is hereby amended by adding a section to be numbered Section 30-42, which section reads as follows: CHAPTER 30 - ZONING AND LAND DEVELOPMENT REGULATIONS * * * ARTICLE III. - GENERAL PROVISIONS * * * Section 30-42. - Development Incentives for Stormwater Management 1 Coding: 8triketlwot1gh words are deletions to the existing words. Underlined words are additions to the existing words. Changes between fir st and second reading are indicated with dolllilo strilrn llm rngl! and double underline T h e D ir e c to r m a y g ra n t d e v e lo p m e n t in c e n tiv e s if a m o r e su s ta in a b le S ite d e s ig n is u s e d in c o n ju n c tio n w it h th e p ro v is io n o f a s to r m w a te r E a s e m e n t. T h e s e in c e n tiv e s s h a ll b e b a s e d o n th e fe a s ib ility o f a n y p ro p o s e d lo c a tio n a n d w h e th e r s a id S ite is s u ita b le fo r th e p u rp o s e s o f lo n g t e r m s t o r m w a te r m a n a g e m e n t in fr a s tru c tu r e p la nn in g . T h e fo ll o w in g d e v e lo p m e n t in c e n tiv e s s h a ll b e m a d e a v a ila b le if th e p ro p e r ty o w n e r p ro v id e s th e V ill a g e w ith a s to rm w a te r E a s e m e n t th a t is a p p ro v e d b y th e D ir e c to r : ill For Single Family and Two-Family Residential districts, the maximum Floor Area for an additional Story above the second Story, shall not exceed 30 percent of the Floor Area of the Main Permitted Use or 1,000 square feet, whichever is smaller. However, in no event shall the maximum Floor Area Ratio exceed the limitations provided in Section 30-100. ill For all other districts except Single Family and Two-Family Residential districts a Floor Area Ratio bonus of up to 0.05 may be applied. However, in no event shall the Floor Area Ratio exceed the maximum allowable Floor Area Ratio for the applicable zoning district. 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. Codification. That it is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Village's Code of Ordinances, and 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. Conflicts. That all ordinances or parts of ordinances, resolutions, or parts of resolutions, in conflict herewith, are repealed to the extent of such conflict. Section 6. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the 15th day of __ ~F~eb~r~ua=r __ y , 2023. PASSED AND ADOPTED on second reading on the 14th day of March , 2023. JOE I. RASCO MAYOR ATTEST: ~o~D -~ocb JocfrYN B.KJ-l . VILLAGE CLERK APPROVED AS TO FORM AND LEGALITY: WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY M IA M I-D A D E STAT E OF F L O R ID A C O U N TY OF M IA M I-D A D E : Before the undersigned authority personally appeared GUILLERMO GARCIA, who on oath says that he or she is the DIRECTOR OF OPERATIONS, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, of 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 - SECOND READING - MAR. 14, 2023 in the XXXX Court, was published in a newspaper by print in the issues of Miami Daily Business Review f/k/a Miami Review on 03/03/2023 Affiant further says that the newspaper complies with all legal for publication in chapter 50, Florida 3 day of MARCH, A.O. 2023 {SEAL)P;v: GUILLERMO GARCIA personally known to me ·---------------· ~ f~":~iii;:;,_- .. _ ROSANA SALGADO tl 'd Commission # HH 336987 lf.~l'/ Expires November 30, 2026 --~f.f~/ --·------------- VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE 'Notice is hereby 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, March 14, 2023 at 6:30 p.rn., in the Council Chamber, located at 560 Crandon·Boulevard, Key Biscayne, Florida: AN ORDINANC_E OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING THE SUSTAINABILITY ADVISORY BOARD; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE· OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS,• OF THE VILLAGE CODE OF ORDINANCl,:S CREATING. SECTION 30-42, "DEVELOPMENT INCENTIVES FOR STQRMWATER MANAGEMENT"; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING, FOR CONFLICTS; AND PROVIDING FOR. AN EFFECTIVE DATE. . AN ORDINANCE OF THE VILLAGE OF K_EY BISCAYNE, FLORIDA, AMENDING SECTION 30 -199, "LEGAL NONCONFORMING SIGNS," OF CHAPTER 30 OF THE VILLAGE CODE OF Ol;IDINANCES RELATING TO THE CONTINUATION, RECONSTRUCTION, AND ALTERATION ,OF LEGAL NONCONFORMING MONUMENT SIGNS IN THE-MULTIFAMILY AND PLANNED UNIT DEVELOPMENT ZONING DISTRICTS; PROVIDING FOR SEVERABIL.ITY; PROVIDING .FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDIN~ FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING. CHAPTER·17., NOISE, SECTION 17-2, PROHIBITED NOISE.DISTURBANCES; OF THE VILLAGE CODE OF ORDINANCES REVISING NOISE REGULATIQNS WITHIN THE VILLAGE; PROVIDING FOR· SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. The proposed ordinances may be inspected by· the public at the Office of the Village Clerk. Interested parties may appear in person at 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 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 anyappeal may be based (F.S. 286.0105). :Comments of any interested party relative to this matter may be submitted in writing via email to publiccomments@keybiscayne.fl.gov or presented in person at the public- hearing. 3/3 Jocelyn 8. Koch, Village Clerk 23-61/0000648666M