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