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Home My Public Portal About2023-16 Amending Chapter 30, "Zoning and Land Development Regulations" by amending Section 30-73 "Site Plan Review Procedures" relating to Voting ProceduresO R D IN A N C E N O . 2023-16 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 PM 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 30-73 "SIT E PL A N RE V IE W PR O C E D U RE S," RE L A T IN G T O V O T IN G PR O C E D U RE S; 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 FO R C O N F L IC T S; A N D PR O V ID IN G FO R A N E FF 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, specifically, the Village Council desires to amend the Village Code in order to create a site plan review workshop process that allows the Village Council to comment on an applicant's proposed site plan at an open forum held prior to the Village Council's vote on the proposed site plan; 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- 73, "Site Plan Review Procedures," of the Village Code. That Section 30-73, "Site Plan review procedures," of the Code of Key Biscayne, Florida is hereby amended to read as follows: CHAPTER 30 -ZONING AND LAND DEVELOPMENT REGULATIONS *** ARTICLE IV. -ADMINISTRATION OF THE ZONING ORDINANCE *** Sec. 30- 73. - Site Plan review procedures. 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 €ttrnb!e strikedmrngk and double underline * * * (d) Vote. The Village Council vote on proposed Site Plans shall follow a public hearing where interested Persons can provide the Council with testimony and evidence. The Village Council shall hold a Site Plan review workshop in accordance with subsection (n) at least M, 28 days prior to the Village Council vote on a proposed Site Plan. * * * (n) Site Plan Review Workshop. It is the intent of the Site Plan review workshop process to provide an open forum for the Village Council to comment on proposed site plans that require a public hearing within the Village. The workshop shall not be considered part of the quasi-judicial hearing. Each application shall be evaluated based upon the record presented at the Village Council hearing(s) on the application. Developments shall be presented by the applicants sequentially, one at a time, for the Village Council's review and comment. In addition, the applicant shall be available to answer any questions that members of the Village Council may have about the proposed development. The applicant shall bring all of the application requirements provided under subsection (t) and any other visual materials that the applicant finds as expressive of the project to the workshop. No quorum requirement of the Village Council shall apply to the workshop. * * * 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. ATTEST: ~k ocb JO ELYN . OCH ~RK 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 OF FLORIDA COUNTY OF MIAMI-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, 2D23 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/D3/2D23 Affiant further says that the newspaper complies with all legal requirements for publication in chapter 5D, Florida Statutes. Sworn to and subscribed before me this 3 day of NOVEMBER, A.O. 2D23 J (SEAL) ROSANA SALGADO personally known to me 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, November 14, 2023 at 6:30 p.m., in the Council Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida: A N ORD INAN C E O F TH E VILLA GE OF KEY BISCAYNE, FLORIDA, AM ENDIN G C H A PT ER 30 , "ZO N IN G A N D LA N D D EV ELO PM ENT REG U LA TIO N S" O F TH E V ILLA G E C O D E O F O R D IN A N C ES, BY AM EN D IN G SEC TIO N 30-4 "ZO N IN G AN D PLA N N IN G A PPLIC A TIO N FEES," RELA TING TO C O ST RE C O V ERY ; PR O VID IN G FO R SEV ER A B ILITY ; PRO VID IN G FO R C O D IFIC A TIO N ; PR O VID IN G FO R C O N FLIC TS; AND PRO VIDIN G FO R A N EFFEC TIV E DA TE. AN O R D IN ANCE OF TH E VILLA GE O F KEY BISC AYNE, FLORIDA, AM END IN G C H A PTE R 30 , "ZO N IN G A N D LA N D D EVELO PM EN T R EG ULA TIO NS" O F TH E V ILLA G E C O D E O F O R D INA N C ES, BY A M END ING SECTIO N 30-73 "S ITE PLA N REV IEW PR O C ED U R ES," R ELA TING TO VO TING PR O C E D U R ES; PR O V ID IN G FO R SEV ER A B ILI TY ; PRO VIDIN G FO R C O D IFIC A TIO N ; PR O VID IN G FO R C O N FLIC TS; A N D PR O VIDING FO R A N EFFEC TIVE 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 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