The URL can be used to link to this page

Home My Public Portal About2007-12 Special Election Approval by Vote of Electors Required for Amendments to Land Development RegulationsRESOLUTION NO 2007-12 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, AS PROVIDED BY PETITION OF ELECTORS, IN ACCORDANCE WITH SECTION 6 02 OF THE VILLAGE CHARTER, SUBMITTING PROPOSED CHARTER AMENDMENT FOR THE CREATION OF A NEW SECTION 415 OF THE CHARTER, TO BE ENTITLED "APPROVAL BY VOTE OF ELECTORS REQUIRED FOR AMENDMENTS TO LAND DEVELOPMENT REGULATIONS", PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE, CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER AMENDMENT TO BE HELD ON TUESDAY, THE 12TH DAY OF JUNE, 2007, BY MAIL BALLOT PROCEDURE, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 6 02(a)(n) of the Village Charter, the requisite number of the electors of the Village have petitioned (the "Petition") for an amendment to the Village Charter (the "Charter Amendment") concerning the creation of a new Section 4 15 to be entitled "Approval by Vote of Electors Required for Amendments to Land Development Regulations", and WHEREAS, pursuant to Section 6 02(b) of the Village Charter, the Village Council is required to submit the Charter Amendment to the electors of the Village for approval or rejection 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 above stated recitals is hereby adopted and confirmed Section 2 Charter Amendment That, subject to the requirements of Section 8 of this Resolution, pursuant to Section 6 02(a)(n) of the Village Charter, the Village Charter of the Village of Key Biscayne, Florida, is hereby amended by creating a new section, Section 4 15, "Approval by Vote of Electors Required for Amendments to Land Development Regulations," to read as follows 1 Sec 415 Approval by Vote of Electors Required for Amendments to Land Development Regulatzons No text amendment to the zoning code or other land development regulations that would create a new zoning distract, or that would amend any definition of a term used in the land development regulations, or that would have the effect of allowing a use not currently permitted, increased residential density, additional hotel or other accommodation units per acre, or increased lot coverage, height, or floor area ratio, shall be effective until approved by a majonty vote of the electors voting on the amendment Section 3 Election Called That a special election is hereby called, to be held on Tuesday, the 12th day of June, 2007, to present to the qualified electors of the Village of Key Biscayne, the ballot question provided in Section 4 of this Resolution, by mail ballot election Section 4 Form of Ballot That the form of ballot for the Charter Amendment provided for in Section 2 of this Resolution, shall be substantially, as follows "Approval by Vote of Electors Required for Amendments to Land Development Regulations A Charter amendment is proposed that the Village Council may not make any text amendment to the land development regulations creating new zoning distracts, amending definitions of terms, allowing uses not currently permitted, increasing residential density, allowing additional hotel or other accommodation units per acre, or increasing lot coverage, height, or floor area ratio, unless approved by majonty vote of Village electors voting on the text amendment? Shall the above-descnbed Charter amendment be adopted? 1 [ ] Yes ] No" Proposed additions to existing Village Charter text are indicated by underlining 2 Section 5 Balloting That mail ballots, as prescribed by Section 101 6101-101 6107, Fla Stat , shall be used in this special election All qualified Village electors who are timely registered in accordance with law, shall be entitled to vote The Village Clerk is authonzed to obtain any necessary election administration services from the Miami -Dade County Supervisor of Elections The County registration books shall remain open at the office of the Miami -Dade County Supervisor of Elections until May 14, 2007, at which date the registration books shall close in accordance with the provisions of the general election laws The Village Clerk and the Miami -Dade County Supervisor of Elections are hereby authorized to take all appropnate action necessary to carry into effect and accomplish the provisions of this Resolution This special election shall be canvassed by the Village Clerk pursuant to Village Code Section 2-102, unless otherwise provided by law Section 6 Notice of Election That notice of said election shall be published in accordance with Section 100 342, Fla Stat , in a newspaper of general circulation within the Village at least 30 days pnor to said election, the first publication to be in the fifth week pnor to the election (to -wit dunng the week commencing Sunday, May 6, 2007), and the second publication to be in the third week prior to the election (to -wit during the week commencing Sunday, May 20, 2007), and shall be in substantially the following form "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO 2007-12 ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY, THE 12TH DAY OF JUNE, 2007, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE 3 Approval by Vote of Electors Required for Amendments to Land Development Regulations A Charter amendment is proposed that the Village Council may not make any text amendment to the land development regulations creating new zoning distracts, amending definitions of terms, allowing uses not currently permitted, increasing residential density, allowing additional hotel or other accommodation units per acre, or increasing lot coverage, height, or floor area ratio, unless approved by majonty vote of Village electors voting on the text amendment? Shall the above-descnbed Charter amendment be adopted? [ ] Yes [ ] No The full text of the proposed Village Charter Amendment is available at the office of the Village Clerk located at 88 West McIntyre Street, Key Biscayne, Florida 33149 Village Clerk" The Village Clerk is hereby authonzed to combine the above Notice of Special Election with the Notice of Special Election used for other Charter amendments at the same election, and may revise the Notice of Special Election in order to do so Section 7 Copies, That copies of this Resolution concermng the Charter Amendment is on file at the office of the Village Clerk, located at 88 West McIntyre Street, Key Biscayne, Flonda 33149, and is available for public inspection, during regular business hours Section 8 Effectiveness That the Charter Amendment provided for in Section 2 above shall become effective only if the majonty of the qualified electors voting on the Charter Amendment vote for its adoption, and it shall be considered adopted and effective upon certification of the election results Following adoption of the Charter Amendment, the Village Clerk shall file 4 the adopted Charter Amendment with the Clerk of the Circuit Court of Miami -Dade County, Flonda Section 9 Inclusion m the Charter That subject to the requirements of Section 8 above, it is the intention of the Village Council and it is hereby provided that the Charter Amendment shall become and be made a part of the Charter of the Village of Key Biscayne, Florida, that the Sections of this Resolution may be renumbered or relettered to accomplish such intention Section 10 Effective Date of Resolution That this Resolution shall become effective immediately upon adoption hereof PASSED AND ADOPTED this 10th day of Apnl, 2007 MAYOR ROBERT L VERNON AT ib, CHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FO AND LEGAL SUFFICIENCY VILLAGE ATT • RNEY F \100\103001\Resolutions\Ch.. t Amendment Concerning LDR Restriction 03 19 07 doc 5