Loading...
HomeMy Public PortalAbout2022-10 Amending Chapter 30 by comprehensively amending, creating, and updating regulations relating to bicycle and golf carts requirementsORD INANCE NO. 2022-10 AN ORD INANCE OF THE VILLAGE OF KE Y BISCAYNE, FLORIDA, AM ENDING CHAPTER 30, "ZONING AND LAND DEVELOPM ENT RE GULATIONS" OF THE VILLAGE CODE OF ORD INANCES, BY COMPRE HENSIVELY AMENDING, CRE ATING, AND UPDATING RE GULATIONS RE LATING TO BICYCLE AND GOLF CART REQUIRE MENTS; PROVIDING FOR SEVERA BILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHERE AS, the Village Council of the Village of Key Biscayne ("Village") has adopted regulations regulating off-street parking within the Village; and WHERE AS, the Village Council finds it periodically necessary to amend its Code in order to update regulations and procedures to implement planning goals and objectives; and W HERE AS, the Village Council desires to amend existing off-street parking regulations for bicycles and golf carts; and WHERE AS, 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, THERE FORE , BE IT ORD AINED 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 Section 30-101, "Commercial Districts," of the Village Code. That Section 30-101 of the Code of Key Biscayne, Florida, is hereby amended to read as follows: * * * Section 30-101 - Commercial Districts. * * * ( e) Performance Standards (all items apply to uses in the C-1 District). 1 Coding: 8trikethrottgh words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with 1fot11-llB slriltBllmrngl~ and double underline Page 1 of 7 ( 18 ) A ll pro p erties w hich have retail and/or offi ce uses shall pro vide a bicycl e ra ck o r ra ck s 1,vh ich contain on e bicycl e space per five retail and/or offi ce spaces in accordance w ith th e req u irem ents in Section 30 -18 5. T his shall apply to all existing shopping centers w h ich cur ren tly do not have bicycl e ra cks m eeting the standards in Section 30-185 as w ell as all ex istin g new sh oppin g centers. Section 3. Amending Section 30-180, "Off-Street Parking Required," of the Village Code. That Section 30-180 of the Code of Key Biscayne, Florida, is hereby amended to read as follows: *** Section 3 0-180 - Off-Street Parking required. (a) Every Building, Use or Structure instituted or Erected after January 1, 2000, shall be provided with off-street Parking facilities in accordance with the provisions of this article for the use of occupants, employees, visitors and/or patrons. (b) Off-Street Parking facilities required by this article shall be maintained and continued as long as the Use giving rise to the requirement is continued. ( c) The sale or transfer of the required Parking spaces without establishing alternative vehicle Parking facilities in accordance with this article is prohibited. (d) Those single Family homes that do not have driveways on the date of adoption of this ordinance must come into compliance at such time as they make modifications to the property having a value greater than or equal to ten percent of the assessed value of the Building. (e) Off-Street Bicycle parking shall be provided in accordance with the provisions of Section 30-185. Section 4. Amending Section 30-181, "Location, Character, and Size of Required Parking Spaces," of the Village Code. That Section 30-181 of the Code of Key Biscayne, Florida, is hereby amended to read as follows: *** Section 30-181 - Location, character, and size of required Parking spaces. (a) The off-street Parking facilities required by this article shall be located on the same Lot or parcel of land that the Use they are intended to serve is on. (b) Parking stall and aisle dimensions. (1) Automobile Parking Stall and Aisle Dimensions. Page 2 of 7 O r ie n ta tio n to a is le 14 5 D e g r e e s 6 0 D e g r e e s 7 5 D e g r e e s 9 0 D e g r e e s S t a ll w id th 12 ' 10 ' 9 ' 9 ' S t a ll le n g th 2 6 .5 ' 2 3 ' 2 0 ' 18 ' A is le w id th 12 ' 17' 2 1 ' 2 2 ' B u m p e r o v e r h a n g 1.8 ' 2 .2 ' 2 .4 ' 2 .5 ' (2 ) G o lf C a r t P a r k in g S ta ll a n d A is le D im e n s io n s . T h e m in im u m d im e n s io n s fo r a G o lf C a r t p a r k in g s p a c e s h a ll b e s ix fe e t w id e b y 1 1 fe e t in le n g th . G o lf c a rt o n ly a is le d im e n s io n s h a ll b e a m in im u m o f 12 fe e t w id e . (c ) A c c e s s to a S tr e e t. E a c h in d iv id u a l P a r k in g s p a c e s h a ll b e d ir e c tly a c c e s s ib le fr o m a S tr e e t o r fr o m a n a is le o r d r iv e w a y le a d in g to a S tr e e t a c c o r d in g to th e m in im u m d im e n s io n s s p e c ifi e d in s u b p a ra g ra p h (b ) a b o v e ; h o w e v e r , s in g le F a m ily h o m e s , D u p le x e s a n d T o w n h o m e s m a y h a v e ta n d e m s p a c e s . ( d ) S t r ip in g . T h e r e q u ir e d o ff-s tr e e t P a r k in g fa c ilitie s fo r a ll D e v e lo p m e n t, e x cl u d in g sin g le F a m ily a n d D u p le x , s h a ll b e p a in te d w ith p a in t s tr ip s in a c c o r d a n c e w ith th e B u ild in g , Z o n in g , a n d P la n n in g D ir e c to r 's r e q u ir e m e n ts . ( e ) [R e s e r v e d ]. (f) Surface material. All off-street Parking facilities including Access aisles, driveways, aprons on the Right-of-Way (from the driveway to the Street) shall be surfaced with a hard dust free material (such as asphalt, brick paver, poured or stamped concrete or other similar material) and maintained in a smooth well-graded condition. There shall be an exception to this requirement allowed for up to 50 percent of the required Parking for churches and other places of worship. (g) Drainage for all off-street Parking facilities shall meet the requirements of the Metropolitan Miami-Dade County Planning, Development, and Regulation Landscape Manual. (h) Lighting shall be arranged and designed to prevent glare or excessive light on Adjacent Property and in accordance with Section 8C-3 "Illumination for open parking lots, alleys and access thereto and parking and nonenclosed areas under or within buildings" of the Miami­ Dade County Code, as amended. (i) A Site Plan shall be submitted with every application for a building permit for any Use or Structure which is required to provide off-street Parking facilities. The Site Plan shall designate the required Parking spaces, Access aisles, driveways and the relation to Uses or Structures which the off-street Parking facilities are intended to serve. (i) The minimum required width of Parking spaces which are adjacent to a Wall or other solid obstruction shall be 10.5 feet. Page 3 of 7 (k ) M a x im u m ra m p a n g le s fo r d riv e w a y A c c e s s to a b o v e g ra d e a n d /o r b e lo w g ra d e P a r k in g S tru c tu r e s s h a ll b e s u bje c t to a p p ro v a l b y th e C h ie f B u ild in g O ffi cia l. (1 ) All Parking spaces shall have concrete car stops (six feet long) or curbing, except for tandem spaces and Parking spaces in single Family and Duplex. (m) Head-in/back-out Parking. Parking stalls shall not have direct Access from or to a Public Street or public alley; provided, however, vehicular Parking stalls may have direct Access from and to a Public Street when serving a one-Family residence, Duplex, or Townhome. (n) Curb cuts. All curb cuts shall conform to the design and construction standards required by the Public Works Supervisor. ( o) Handicap Parking spaces. These spaces may be counted towards the required Parking calculation and designed in accordance with the Americans with Disabilities Act, as amended. (p) Tandem Parking spaces. Single Family homes, Duplexes, and Townhomes may have required Parking spaces where vehicles are parked in front or in back of each other as long as one vehicle has direct Access to a Street. (q) [Reserved]. (r) In shopping centers with non elevated v1alhvays, Golf cart parking stalls shall be located in front of sidevralk cafes. A safety barrier a minimum of 42 inches high, shall be located betv,reen the parking lot and the sidewalk cafe. Shopping centers \Vith elevated walkways are not required to meet the regulation contained in this subsection. [Reserved]. *** Section 5. Creating Section 30-185, "Bicycle Parking Requirements," of the Village Code. That the Code of Key Biscayne, Florida, is hereby amended by adding a section to be numbered 30-185 which section reads as follows: *** Section 30-185 - Bicycle Parking Requirements. Each parking area associated with any land use listed under Section 30-184 of the Village Code, except for single-family and duplex homes, shall provide a number of bicycle parking spaces in accordance with the following: (a) A bicycle rack or racks shall be permanently affixed to a floor, wall, or ceiling configured so that a bicycle of 6 feet in length may be locked to the rack with a high-security U-shaped shackle lock by the frame and one wheel so that the bicycle is supported and cannot be Page4of7 pushed or fa ll in a m ann er that w ill dam age the wheels or com ponents. (b) A B icycl e ra ck or ra cks shall be required fo r guests or visitors to the pro perty. Bicycle ra cks shall be w ithin 100 fe et of the visitor's entra nce and be readily available to the public. G uest or visitor bicycl e ra ck capacity shall equal or exceed 10 percent of all required off­ street vehicl e parking. There shall be a m inim um of one rack w ith capacity fo r tw o bicycles. ( c) B uildings w ith over 10 Units or tenant occupants shall pro vide bicycle parking fo r 20 percent of all required off-street vehicl e parking for tenants, ow ners, or em ployees. Bicycle parking spaces shall be readily accessible from the adjacent right-of-w ay and include one or a com bination of the fo llow ing: (1) C overed, lockable encl osures w ith bicycle ra cks; (2) L ockable bicycl e ro om s w ith bicycl e ra cks; (3) Lockable bicycl e lockers; (4) In the case of residential developm ent, a standard gara ge 1s suffi cient when pro viding bicycl e ra cks, if available. ( d) Each required bicycl e parking space m ust be accessible w ithout m oving another bicycle. T here m ust be an aisle at least 5 fe et w ide adjacent to all required bicycle parking to allow ro om fo r bicycl e m aneuvering. Wh ere the bicycle parking is adjacent to a sidew alk, the m aneuvering area m ay extend into the right-of-w ay. The area devoted to bicycle parking m ust be hard sur fa ced. Section 6. Creating Section 30-186, "Golf Cart Parking," of the Village Code. That the C ode of K ey B iscayne, Florida, is hereby am ended by adding a section to be num bered 30-185 w hich section reads as fo llow s: *** Section 30-186 - G olf C art Parking. E ach parking area associated w ith any land use listed under Section 30-184, except fo r single­ fa m ily and duplex hom es, m ay substitute existing off-street parking w ith up to 30 percent Golf C art parking per the fo llow ing criteria: (1) Pro vide one bicycl e parking space fo r each new ly created Golf Cart parking space. (2) T he G olf C art parking utilizes less square fo otage than existing vehicular parking. (3) A pplicants m ay use square fo otage fo r: a. additional cart par king; Page 5 of7 b . o u td o o r d in in g ; c . re c rea tio n ; o r d . o th er u se s su b je c t to a d m in istra tiv e co m p atib ility w ith ap p lic ab le co d es an d a d ja ce n t u se s. ( 4 ) S u b m issio n o f an A m e n d ed S ite P la n in acc o rd a n c e w ith S e c tio n 3 0 - 73 . * * * Section 7. 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 8. 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 9. 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 10. Effective Date. That this Ordinance shall become effective immediately upon final adoption on second reading. PASSED on first reading on the 24th day of August , 2022. PASSED AND ADOPTED on second reading on the 11th day of October , 2022. ATTEST: VILLAGE CLERK Page 6 of 7 APPROVE D AS TO FORM AND LEGAL ITY: WEISS SEROTA HELFMAN COLE & BIERMAN, P .L. VILLAGE ATT ORN EY Page 7 of7 M IA M I-D A D E STATE O F FLO RIDA CO UNTY O F MIAMI-DADE: Before the undersigned authority personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, 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 - ORDINANCE - SECOND READING - OCT. 11, 2022 in the XXXX Court, was published in said newspaper by print in the issues of and/or by publication on the newspaper's website, if authorized, on 09/30/2022 Affiant further says that the newspaper complies with all in chapter 5D, Florida iJ~)~ (JAL) MARIA MESA personally known to me VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE .''<~~~~•ii,:•.. BI\RBARA THOMAS f"ff·'/.it,"'t, Commission# HH 187442 l!.l.J!'ir~l Expires November 2, 2025 ·-~:i0;;cf.- Bonded Thru Troy Fair. ln&U!i008 800-38 5-7019 , . 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, October 11, 2022 at 6:00 p.rn., in the. Council Chamber, located af560 Crandon Boulevard, Key Biscayne, Florida: AN O RDINANCE OF THE VILLA GE OF KEY' BISCAYNE, FLORIDA, AM ENDING SECTION 30 -197 OF ARTICLE VIII, "SIGNS,". OF CHAPTER ·30 OF THE VILLA GE CODE OF ORDINANCES REJ,.:A TING TO THE PLA CEM ENT OF SIGNS ON DECORATIVE ARCHITE CTURA L FEA TURES; PROVI DING FOR SEV ERA BILI TY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLI CTS; AN D PROVIDING FOR AN EFFECTIVE DATE . AN O RDINANCE OF THE VILLA GE OF KEY BISCAYNE, FLORI DA, A M ENDING CHAPTER 30, "ZONING AND LA ND DEV ELOPMENT ' REGULATIONS" OF THE VILLA GE CODE OF ORDINANCES, BY AMENDI NG. SECTION 30-112 "SCHEDULE OF DISTRICT, USE, AND SET BACK REGULA TIONS," RELATING TO OUTD OOR DINING REGULA TIONS; PRO VIDING FOR SEV ERA BILI TY ; PROVIDING FOR CODIFICATION; , . PROVIDING FOR CONFLI CTS; AND PROVIDING FOR AN EFF ECTIVE DATE. AN O RDINANCE OF THE VILLA GE OF KEY BISCAYNE, FLORIDA, · A M ENDING CHAP TER 30 , "ZONING AND LA ND DEV ELOPMENT REGULA TI ONS" OF THE VILLA GE CODE OF ORDINANCES, BY C O M PREHENSIVEL-V AM ENDING, CREA TI NG, AND UPDATING ' REGULATIONS RELA TING TO BICYCLE AND GOLF CART REQUIREMENTS; ' PRO VID ING FOR SEV ERA BILITY ; PROVIDING FOR CODI FICATION; PROVIDI NG FOR CONFLI CTS; AND PROVIDING FOR AN EFFE CTIVE-DAT E. Th e p r o p o s e d o r d in a n c e s . m a y b e in s p e c t e d -b y t h e p u b lic -a t th e O ff ic e o f t h e V ill a g e C le r k . In t e r e s t e d p a rt ie s m a y a p p e a r in p e r s o ri at th e P u b li c H e a r in g o r v ia Z o o m a n d b e h e a r d w it h r e s p e c t t o th e p ro p o s e d O rd in a n c e s . An y p e r s o n , w is h in g t o a d d r e s s t h e V il la g e C o u n c il o n a n y ite m -a t th is P u b lic H e a r in g is a s k e d t o r e g is t e r w it h t h e V ill a g e C le r k p r io r to th a t ite m l being heard. No registration is needed for joining via Zoom. Please call (305) 365-7569, Zoom Meeting ID: 231 627 8415 in order to participate and be heard with respect to the proposed Ordinances. 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 1 shall insure that a verbatim-record of the proceedings is made including all i 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 via.email to publiccomments@keybiscayne.fl.gov or presented in person at the public hearing. 9/30 Jocelyn B. Koch Village Clerk 22-28/0000622861 M .