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HomeMy Public PortalAbout2005-10 Approving a Development Order re ChabadRESOLUTION NO. 2005-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A DEVELOPMENT ORDER AUTHORIZING THE ESTABLISHMENT OF A HOUSE OF WORSHIP FOR THE PROPERTY LOCATED AT 101 HARBOR DRIVE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Chabad of Key Biscayne, Inc. is an established not -for-profit religious organization, which provides to the religious needs of some of the members of the Jewish community within the Village of Key Biscayne; and WHEREAS, Chabad wishes to establish a permanent house of worship within the Village of Key Biscayne; and WHEREAS, the only lands within the Village which have the land use and zoning designations for a house of worship are those already developed and occupied with existing churches; and WHEREAS, Chabad has acquired the property at 101 Harbor Drive, Key Biscayne, Florida (the "Property") for the purpose of establishing a house of worship; and WHEREAS, the Property is uniquely located along an arterial roadway adjacent to two existing churches, a commercial shopping center and single-family homes; and WHEREAS, while the Village's Comprehensive Plan allows for the use of the Property as a house of worship, the Village's land development regulations (Zoning Code) currently do not permit the establishment of a place of worship on the Property nor on any other land within the Village, except the existing church sites; and WHEREAS, the granting of the development approvals (rezoning and variances) necessary to allow for the Property to be used as a house of worship would directly conflict with the criteria established for the granting of such development approvals and potentially establish a precedent unacceptable to the Village Council; and WHEREAS, Chabad believes and alleges that the governmental regulations as applied to it have created a substantial burden on the religious exercise of the institution and its members and has proferred evidence in support of its claim; and WHEREAS, the Village Council wishes to eliminate any substantial burden on religious exercise while at the same time protecting the interests of neighboring property owners; and WHEREAS, the Village Council, under the authority granted to it pursuant to 42 U.S.C. 2000cc-3(e), wishes to authorize the establishment of a house of worship on the Property for the use of Chabad and its members. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the recitals stated above is hereby adopted and confirmed. Section 2. Development Order Approved. Pursuant to the authority granted to the Village Council under the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. 2000cc-3(e), the Village Council hereby exempts Chabad from the development approval process (rezoning and variance) and approves and adopts the Development Order attached hereto as Exhibit «A 2 Section 3. Implementation. The Village Manager is hereby authorized to take any and all action necessary to implement this Resolution and the Development Order. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 15th day of March, 2005. 4-0 ctie, a L__, MAYOR ROBERT OLDAKOWSKI CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN c VILLAGE TTO F:/ 103001 /Resolution/Chabad 0-.3),„, 3 DEVELOPMENT ORDER Pursuant to Village of Key Biscayne Resolution No. 2005-10 and subject to the conditions set forth herein, the property located at 101 Harbor Drive and legally described on Exhibit "A" to this Development Order (the "Property") may be used as a house of worship for the following uses and activities: PERMITTED USES: 1. Group prayer, including religious services; and 2. Religious ceremonies and holiday celebrations (including weddings, bar/bat mitzvahs, bereavement services); and 3. Religious counseling; and 4. Religious teaching and study. CONDITIONS: 1. The Property shall be used, occupied and maintained substantially in accordance with the site plan entitled Key Biscayne Jewish Center Site Plan, prepared by Borroto Architect, dated March 7, 2005, and containing 1 sheet, and the landscape plan entitled Key Biscayne Jewish Center, Existing and Proposed Planting Plan, prepared by Rosenberg Gardner Design, dated March 8, 2005, and containing 1 sheet. The landscape plan shall be amended to reflect a dense and continuous hedge along the rear and interior side Property lines. 2. Prior to any use or occupancy of the Property as a house of worship, the existing improvements shall be modified to conform with the requirements of all applicable building and life safety codes for such occupancy and at no time will the occupancy of the Property (interior and exterior) exceed 49 persons. 3. None of the Permitted Uses shall be conducted on the Property on weekdays between the hours of 8 a.m. and 9 a.m. when the schools at St. Agnes Catholic Church or St. Christopher's Episcopal Church are in session. 4. Outdoor activities are limited and restricted to those activities which are customarily associated with the use of a single-family residence and no outdoor activity shall be permitted between 10 p.m. and 8 a.m. on any day. 5. All exterior lighting shall be limited to lighting which would otherwise be customarily installed and operated on a single-family residence. 6. At no time will any sound amplification equipment be used on the Property, except within an enclosed building and with all windows, doors and other openings closed. 7 In addition to the parking available on the Property, Chabad shall secure and have available at all times at least nine (9) additional off -site parking stalls within properties zoned for institutional, commercial and/or office use. Written proof of the availability of the parking is required prior to the issuance of a certificate of occupancy for the Property. 8. No addition or any material alteration to the exterior of the existing structure (as of the date of this Development Order) shall be permitted without the prior approval of the Village Council. 9. At no time shall Chabad use the Property for any type of school. This limitation does not prohibit group study nor the teaching of Hebrew and Torah to bar/bat 2 mitzvah -age children; however, the teaching of children shall be limited to no more than six (6) children at any one time. 10. Signage on any portion of the Property or improvements shall be limited to the signs permitted on a property zoned for single-family use within the Village, except that Chabad may place one non -illuminated identification sign above the main entrance door, the letters of which may not exceed eight (8) inches in height. 11. The second floor of the existing building on the Property shall be limited in use to a single family residence for Chabad's principal or assistant rabbi (and his immediate family), a caretaker or an individual guest or visiting clergy. It is expressly understood that not more than one (1) guest or visiting clergy (and his immediate family) may use or occupy the residential portions of the Property at any one time. 12. The acquisition, directly or indirectly, of any additional property adjacent to the Property shall be deemed a violation of this Development Order and shall cause the Development Order to be void. 13. The issuance of this Development Order is deemed to be a license personal to Chabad and shall not constitute an approval running with the land for any other user. If for any reason other than a "force majeure" (including a casualty loss) the use of the Property by Chabad is discontinued or abandoned for a period in excess of 180 days, this Development Order shall automatically extinguish and be of no further force and effect. Thereafter, the Property may not be used for any purpose other than as a single-family residence. 3 14. This Development Order shall be reviewed by the Village Council after three years from the issuance of the certificate of use and may be rescinded at that time by the Village Council if the Council finds that the use of the Property is inconsistent with the Village Comprehensive Plan. 15. This Development Order may be recorded in the Public Records of Miami -Dade County, Florida by the Village at the expense of Chabad. 16. This Development Order is non -severable and if any provision or condition is held void or unconstitutional in a final decision by a court of competent jurisdiction, the Development Order in its entirety shall be deemed void and of no further force and effect. 17. The failure to comply with any of the conditions of this Development Order shall be deemed a material breach and violation of this Development Order and subject Chabad and the Property to all enforcement remedies available to the Village of Key Biscayne notwithstanding the unique and unusual nature of the use and the Development Order. The foregoing Development Order was approved, adopted and rendered this 15th day of March, 2005, by the following vote of the Village Council: 4 Mayor Robert Oldakowski Yes No Vice Mayor Robert L. Vernon Yes No Councilmember Enrique Garcia Yes No Councilmember Steve Liedman Yes No Councilmember Jorge E. Mendia Yes '� No Councilmember Thomas Thornton Yes V No Councilmember Patricia Weinman Yes / No (WCi&1l L za, to H. Alvarez, CMC Village Clerk ROBERT OLDAKOWSKI MAYOR EXHIBIT "A" LEGAL DESCRIPTION 32 54 42 PB 53-39 TROPICAL ISLE HOMES SUB 4TH ADDN LOT 1 BLK 18 LOT SIZE 84.670 X 100 OR 19718-2508 06/2001 1 3 Greenberg Traurig Mario J. Garcia -Serra (305) 579-0837 Direct Fax: (305) 961-5837 E -Mail garcia-serram@gtlaw.com May 13, 2005 VIA OVERNIGHT MAIL Ms. Conchita H. Alvarez, CMC Village Clerk Village of Key Biscayne 8i: W. McIntyre Street Key Biscayne, F133149 Re: Recorded Copy of Development Order Approvals / Chabad of Key Biscayne / 101 Harbor Drive, Key Biscayne, Florida Dear M Enclosed please find a recorded copy of the Development Order approved by the Village Council for the property referenced above, which has now been recorded in the official records of Miami -Dade County. Should you have any questions or concerns please do not hesitate to contact me at the number listed above. Yours very truly, Mario J. ,lCFarcia-Serra r cc: Rabbi Yoel Caroline Lucia A. Dougherty, Esq. Greenberg Traurig, P.A. 1 Attorneys at Law 1 1221 BrickelRAvenue I Miami, FL 33131 1 Tel 305.579.0500 1 Fax 305.579.0717 1 www.gtlaw.com 1111111 11111 nm nnnun niinmum nn C;FP 2005R0485591 OR BK 23365 Fss 3388 - 3397; (10ua s ) RECORDED 05/12/2005 14=35:46 HARVEY RUVIN, CLERK OF COURT, MIAMI-DADE COUNTY, FLORIDA RESOLUTION NO. 2005-10 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING A DEVELOPMENT ORDER AUTHORIZING THE ESTABLISHMENT OF A HOUSE OF WORSHIP FOR THE PROPERTY LOCATED AT 101 HARBOR DRIVE; PROVIDING FOR EFFECTIVE DATE. WHEREAS, Chabad of Key Biscayne, Inc. is an established not -for-profit religious organization, which provides to the religious needs of some of the members of the Jewish community within the Village of Key Biscayne; and WHEREAS, Chabad wishes to establish a permanent house of worship within the Village of Key Biscayne; and WHEREAS, the only lands within the Village which have the land use and zoning designations for a house of worship are those already developed and occupied with existing churches; and WHEREAS, Chabad has acquired the property at 101 Harbor Drive, Key Biscayne, Florida (the "Property") for the purpose of establishing a house of worship; and WHEREAS, the Property is uniquely located along an arterial roadway adjacent to two existing churches, a commercial shopping center and single-family homes; and WHEREAS, while the Village's Comprehensive Plan allows for the use of the Property as a house of worship, the Village's land development regulations (Zoning Code) currently do not permit the establishment of a place of worship on the Property nor on any other land within the Village, except the existing church sites; and WHEREAS, the granting of the development approvals (rezoning and variances) necessary to allow for the Property to be used as a house of worship would directly conflict with the criteria /0 established for the granting of such development approvals and potentially establish a precedent unacceptable to the Village Council; and WHEREAS, Chabad believes and alleges that the governmental regulations as applied to it have created a substantial burden on the religious exercise of the institution and its members and has proferred evidence in support of its claim; and WHEREAS, the Village Council wishes to eliminate any substantial burden on religious exercise while at the same time protecting the interests of neighboring property owners; and WHEREAS, the Village Council, under the authority granted to it pursuant to 42 U.S.C. 2000cc-3(e), wishes to authorize the establishment of a house of worship on the Property for the use of Chabad and its members. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. Each of the recitals stated above is hereby adopted and confirmed. Section 2. Development Order Approved. Pursuant to the authority granted to the Village Council under the Religious Land Use and Institutionalized Persons Act of 2000, 42 U.S.C. 2000cc-3(e), the Village Council hereby exempts Chabad from the development approval process (rezoning and variance) and approves and adopts the Development Order attached hereto as Exhibit “A:f 2 Section 3. Implementation. The Village Manager is hereby authorized to take any and all action necessary to implement this Resolution and the Development Order. Section 4. Effective Date. That this Resolution shall be effective immediately upon adoption hereof. PASSED AND ADOPTED this 15th day of March, 2005. 7-tocetet4 L, MAYOR ROBERT OLDAKOWSKJ CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIEN c \ w VILLAGE TTO ' Y F:/103001 /Resolution/Chabad 3 DEVELOPMENT ORDER Pursuant to Village of Key Biscayne Resolution No. 2005-10 and subject to the conditions set forth herein, the property located at 101 Harbor Drive and legally described on Exhibit "A" to this Development Order (the "Property") may be used as a house of worship for the following uses and activities: PERMITTED USES: 1. Group prayer, including religious services; and 2. Religious ceremonies and holiday celebrations (including weddings, bar/bat mitzvahs, bereavement services); and 3. Religious counseling; and 4. Religious teaching and study. CONDITIONS: 1. The Property shall be used, occupied and maintained substantially in accordance with the site plan entitled Key Biscayne Jewish Center Site Plan, prepared by Borroto Architect, dated March 7, 2005, and containing 1 sheet, and the landscape plan entitled Key Biscayne Jewish Center, Existing and Proposed Planting Plan, prepared by Rosenberg Gardner Design, dated March 8, 2005, and containing 1 sheet. The landscape plan shall be amended to reflect a dense and continuous hedge along the rear and interior side Property lines. 2. Prior to any use or occupancy of the Property as a house of worship, the existing improvements shall be modified to conform with the requirements of all applicable building and life safety codes for such occupancy and at no time will the occupancy of the Property (interior and exterior) exceed 49 persons. 3. None of the Permitted Uses shall be conducted on the Property on weekdays between the hours of 8 a.m. and 9 a.m. when the schools at St. Agnes Catholic Church or St. Christopher's Episcopal Church are in session. 4. Outdoor activities are limited and restricted to those activities which are customarily associated with the use of a single-family residence and no outdoor activity shall be permitted between 10 p.m. and 8 a.m. on any day. 5. All exterior lighting shall be limited to lighting which would otherwise be customarily installed and operated on a single-family residence. 6. At no time will any sound amplification equipment be used on the Property, except within an enclosed building and with all windows, doors and other openings closed. 7. In addition to the parking available on the Property, Chabad shall secure and have available at all times at least nine (9) additional off -site parking stalls within properties zoned for institutional, commercial and/or office use. Written proof of the availability of the parking is required prior to the issuance of a certificate of occupancy for the Property. 8. No addition or any material alteration to the exterior of the existing structure (as of the date of this Development Order) shall be permitted without the prior approval of the Village Council. 9. At no time shall Chabad use the Property for any type of school. This limitation does not prohibit group study nor the teaching of Hebrew and Torah to bar/bat mitzvah -age children; however, the teaching of children shall be limited to no more than six (6) children at any one time. 10. Signage on any portion of the Property or improvements shall be limited to the signs permitted on a property zoned for single-family use within the Village, except that Chabad may place one non -illuminated identification sign above the main entrance door, the letters of which may not exceed eight (8) inches in height. 11. The second floor of the existing building on the Property shall be limited in use to a single family residence for Chabad's principal or assistant rabbi (and his immediate family), a caretaker or an individual guest or visiting clergy. It is expressly understood that not more than one (1) guest or visiting clergy (and his immediate family) may use or occupy the residential portions of the Property at any one time. 12. The acquisition, directly or indirectly, of any additional property adjacent to the Property shall be deemed a violation of this Development Order and shall cause the Development Order to be void. 13. The issuance of this Development Order is deemed to be a license personal to Chabad and shall not constitute an approval running with the land for any other user. If for any reason other than a "force majeure" (including a casualty loss) the use of the Property by Chabad is discontinued or abandoned for a period in excess of 180 days, this Development Order shall automatically extinguish and be of no further force and effect. Thereafter, the Property may not be used for any purpose other than as a single-family residence. 14. This Development Order shall be reviewed by the Village Council after three years from the issuance of the certificate of use and may be rescinded at that time by the Village Council if the Council finds that the use of the Property is inconsistent with the Village Comprehensive Plan. 15. This Development Order may be recorded in the Public Records of Miami -Dade County, Florida by the Village at the expense of Chabad. 16. This Development Order is non -severable and if any provision or condition is held void or unconstitutional in a final decision by a court of competent jurisdiction, the Development Order in its entirety shall be deemed void and of no further force and effect. 17. The failure to comply with any of the conditions of this Development Order shall be deemed a material breach and violation of this Development Order and subject Chabad and the Property to all enforcement remedies available to the Village of Key Biscayne notwithstanding the unique and unusual nature of the use and the Development Order. The foregoing Development Order was approved, adopted and rendered this 15th day of March, 2005, by the following vote of the Village Council: 4 Mayor Robert Oldakowski Yes Vice Mayor Robert L. Vernon Yes Councilmember Enrique Garcia Yes Councilmember Steve Liedman Yes Councilmember Jorge E. Mendia Yes Councilmember Thomas Thornton Yes Councilmember Patricia Weinman Yes dimi° to H. Alvarez, CMC Village Clerk eV r i No No / No No No No No 4.0 (4.64,,&) (____:. ROBERT OLDAKOWSKI MAYOR 5 EXHIBIT "A" LEGAL DESCRIPTION 32 54 42 PB 53-39 TROPICAL ISLE HOMES SUB 4TH ADDN LOT 1 BLK 18 LOT SIZE 84.670 X 100 OR 19718-2508 06/2001 1 3 BOOK 23365 PAGE 3397 LAST PAGE VILLAGE OF KEY BISCAYNE Office of the Village Clerk Village Council Robert Oldakowski, Mayor Robert L. Vernon, Vice Mayor Enrique Garcia Steve Liedman Jorge E. Mendia Thomas Thornton Patricia Weinman Village Clerk Conchita H. Alvarez, CMC CERTIFICATION STATE OF FLORIDA COUNTY OF MIAMI-DADE I, Conchita H. Alvarez, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do hereby certify that the attached is a true and correct copy of: Resolution No. 2005-10 adopted by the Village Council on March 15, 2005. IN WITNESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne, Florida, this 9th day of May, 2005. onchita H. Alvarez, CMC lage Clerk lage of Key Biscayne, Florida STATE OF FLORIDA, COUNT OF DADE 1 HEREBY CERTIFY that this is c ;ru, campy of the Ortflj8e1.filed in this office or 1y O day of A D 20 i((:) .. ;,'� CCe4' and County Cowls 4-f D.C. 88 West McIntyre Street • Suite 220 • Key Biscayne, Florida 33149 • (305) 365-5506 • Fax (305) 365-8914 MISSION STATEMENT 'TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT' www. keybiscayne.fl.gov