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HomeMy Public PortalAbout2008-08 Village CharterRESOLUTION NO. 2008-8 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, DIRECTING THE VILLAGE MANAGER AND VILLAGE ATTORNEY TO TAKE ALL STEPS NECESSARY TO PRESENT TO THE VILLAGE ELECTORS A CHARTER AMENDMENT RESTORING IN THE VILLAGE COUNCIL THE AUTHORITY TO CHANGE THE VILLAGE LAND DEVELOPMENT REGULATIONS (ZONING CODE) EXCEPT IN THE HOTEL RESORT (HR) DISTRICT WITHOUT A VILLAGE WIDE ELECTION; PROVIDING FOR IMPLEMENTATION AND AN EFFECTIVE DATE. WHEREAS, on June 12, 2007 the electors of the Village of Key Biscayne passed an amendment to the Village of Key Biscayne Charter which virtually eliminated the Village Council's ability to modify the Village Zoning Code without a Village wide vote; and WHEREAS, the amendment was approved by and voted upon by less than a majority of the electorate, and has taken away the power of all of the residents — duly delegated by them to their elected representatives — and put it in the hands of a small minority, effectively disenfranchising the electors; and WHEREAS, in order for the Village Council to govern effectively, the Charter must be modified to give the Village Council greater flexibility while at the same time protecting the interests and addressing the concerns of the residents. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE 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. Proposal Amendment. The Charter Section 4.15 should be amended in substantially the form and content set out below: Sec. 4.15. Approval by Vote of Electors Required for Amendments to Land Development Regulations for the Hotel - Resort District. 1V�U1Q61V11. {.11(46 YY V641u V1 vu6v K LL VY VV1111LG K1V 411 ' '* ..��w.. .. �. ��� amend any definition of a tcrm used in the land development 111 V1 V{41JVK 1 Vv1K VLa 41 K1 Kvaava4J , • ,** * .t*, The Village Council shall not make any amendment to the zoning code or other land development regulations that govern the Hotel - Resort (HR) District which would increase the intensity or density of development within that district without prior approval by a majority vote of the electors voting on the amendment. Section 3. Implementation. The Village Manager and Village Attorney are hereby instructed to take all steps necessary to effectuate the proposed changes and present said changes to the residents for a vote. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 4th day of March , 2008 ,e1c/i(4.Ayf CHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO ' O AND LEGAL SUFFICIENCY: VILLAGE AT 0 MAYOR ROBERT L. VERNON F:\100\103001 \Resolution ".\Reso Charter Revision Limiting Electorate Zoning Approval.doc 2