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.
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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
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CHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO ' O AND LEGAL SUFFICIENCY:
VILLAGE AT 0
MAYOR ROBERT L. VERNON
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