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Home My Public Portal About2023-15 Amending Chapter 30, "Zoning and Land Development Regulations" by amending Section 30-4 "Zoning and Planning Application Fees" relating to cost recovery.O RD IN A N C E N O . 2023-15 A N O RD IN A N C E O F T H E V IL L A G E O F KE Y B ISC A Y N E , FL O RI D A , A M E N D IN G C H A P T E R 30, "Z O N IN G A N D L A N D D E V E L O P M E N T RE G U L A T IO N S" O F T H E V IL L A G E C O D E O F O RD IN A N C E S, B Y A M E N D IN G SE C T IO N 30-4 "Z O N IN G A N D PL A N N IN G A PPL IC A T IO N FE E S," RE L A T IN G T O C O ST RE C O V E R Y ; PR O V ID IN G FO R SE V E RA B IL IT Y ; PR O V ID IN G F O R C O D IF IC A T IO N ; PR O V ID IN G F O R C O N F L IC T S; A N D PR O V ID IN G FO R A N E F F E C T IV E D A T E . W H E RE A S, the Village Council of the Village of Key Biscayne (the "Village") 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, pursuant to Part II of Chapter 163, Florida Statutes, the Village Council desires to establish a cost recovery program to ensure that costs of reviewing and process zoning and planning applications are borne by applicants; and WHEREAS, specifically, the Village Council desires to amend Section 30-4 of the Village Code to provide that the actual market rate cost of review and processing of zoning and planning applications shall be passed to the applicant to the extent the application review requires the Village to utilize outside contractors, agents, or consultants; 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 Section 30-4, "Zoning and planning application fees," of the Village Code. That Section 30-4, "Zoning and planning application fees," of the Code of Key Biscayne, Florida, is hereby amended to read as follows: CHAPTER 30 -ZONING AND LAND DEVELOPMENT REGULATIONS ARTICLE I. TITLE, INTENT, PURPOSE, METHOD AND FEES 1 Coding: Strikethrough words are deletions to the existing words. Underlined words are additions to the existing words. Changes between first and second reading are indicated with .lottlile stril~etllrottgll and double underline. *** Section 30-4. Zoning and planning application fees . .(ru Application Fees Generally. The Village Council is hereby authorized to impose fees for the filing and processing of zoning and planning applications, including applications for Variances, rezonings, comprehensive plan amendments, appeals of administrative interpretations and other zoning or planning related services provided by the Village Building, Zoning and Planning Department. Such fees shall be set and may be amended from time to time by resolution of the Village Council. .(hl Cost Recovery. To the extent that the review of any zoning and planning application under this Chapter requires the Village to utilize outside contractors, agents, or consultants, the actual market rate cost of such review shall be passed to the applicant. The Village Manager or Village Manager's designee may require that an applicant, at the time a submittal is made, provide an initial preliminary deposit which shall be credited toward the fee charged for application review and processing, and pay additional deposits as may be required from time to time. Cost recovery fees shall be established by resolution of the Village Council, as may be amended from time to time. *** 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. PASS ED on first reading on the 10th day of O=ct=o-=b-=er'----' 2023. PASSED AND ADOPTED on second reading on the 14th day of November , 2023. ~ JOE I. RASCO MAYOR ATTEST: APPROVED AS TO FORM AND LEGALITY: ~J~ WEISS SEROTA HELFMAN COLE & BIERMAN, P.L. VILLAGE ATTORNEY M IA M I-D A D E STATE O F FLO RIDA CO UNTY O F MIA M I-DADE: Before the undersigned authority personally appeared ROSANA SALGADO, 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, 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 - NOV. 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 11/03/2023 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 50, Florida Statutes. Sworn to and subscribed before me this 3 day of NOVEMBER, A.O. 2023 J (SEAL) ROSANA SALGADO personally known to me VILLAGE OF KEY BISCAYNE. OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE ' .. ,·;,,·;:·•··· BARBARA T#IOMAS ,•v .... ~f- . /f.·' A\'\ Commlssio n#HH 18744 2 ' E.JJ!t-i ExplresNovember2,2025 ·<Y, ~-~f~?~·· Bood ad Thiv Troy Fail lntu1tnte !00-385-7019 Notice is hereby given thatt he 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, November 14, 2023 at 6:30 p.m., in the Council · Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND J.AND DEVELOPMENT REGULATIONS" OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-4 "ZONING AND PLANNING APPLICATION FEES," RELATING TO COST RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR. CODIFICATION; PROVIDING FOR CONFLICTS; 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 ORDINANCES, BY AMENDING SECTION 30-73 "SITE PLAN REVIEW PROCEDURES," RELATING TO VOTING PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. ' r The proposed. ordinances may be inspected by the public at the Office of I 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 1 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, Fiorida 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 via email to publiccomments@keybiscayne.fl.gov or presented in person at the public hearing. 11/3 Jocelyn B. Koch, Village Clerk 23-01/0000692095M