HomeMy Public PortalAbout2001-67 Providing General Findings; Providing Findings of Fact; Providing Conclusions of LawRESOLUTION NO.oC6/67
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A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA; PROVIDING GENERAL FINDINGS;
PROVIDING FINDINGS OF FACT; PROVIDING
CONCLUSIONS OF LAW DENYING THE APPEAL OF
BUILDING PERMIT NOS. BO1-01097 AND BO1-00740.
WHEREAS, Petitioners Coalition to Rescue Paradise, Inc. and various individuals filed
an appeal on August 1, 2001, challenging the issuance of Building Permits Nos. B01-01097 and
B01-00740; and
WHEREAS, these building permits approve the construction of the village
Administration/Police Building and Fire Station, respectively, which are currently under
construction; and
WHEREAS, the Village Council has conducted a hearing pursuant to the Village Code
and has heard and considered all evidence and argument in relation to the appeal.
NOW, THEREFORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. Generally Findings. While it appears that the administrative appeal was not
timely filed, in the interests of the Village and the welfare of its citizens, the Village Council has
heard the Petitioners' appeal, including the merits of the appeal.
Section 2. Findings of Fact. The Village Council, after consideration of the evidence at
the hearing, makes the following findings:
1. The properties are zoned GU Government Use and have been so designated since
September 21, 2000, by operation of Section 30-102(c) of the Village Code, when the
land was acquired by the Village from the Charles G. Rebozo Revocable Trust.
2. The properties are designated commercial on the master plan future land use map.
3. On May 8, 2001 by Resolution No. 2001-36, the Council approved a contract to
construct the Fire Station and the Administration/Police Building, based on and
incorporating site plans prepared respectively by Spillis, Candela & Partners on
January 26, 2001 (A1.1.00) and O.B.M. Miami, Inc. on February 10, 2001 (CS -1).
4. The site plans set forth development regulations regarding setback, height, number of
stories, lot coverage, floor area ratio, and parking as required by section 30-102(b) of
the Village Code.
5. The approved site plans were the culmination of a series of public meetings reviewing
and approving designs and plans for the Administration/Police building and Fire
Station.
6. Building Permit B01-00740 for the Fire Station was issued on June 13, 2001, by the
Department of Building, Zoning and Planning. The Permit application included the
site plan dated February 10, 2001 and approved on May 8, 2001.
7. Building Permit B01-01097 for the Administration/Police Building was issued on
June 15, 2001 by the Department of Building, Zoning and Planning. The Permit
application included the site plan dated January 26, 2001 and approved on May 8,
2001.
8. The Village staff provided timely information requested by public records requests by
Ms. Carol Diaz -Castro regarding the building permits for the subject properties.
Section 3. Conclusions of Law. The Village Council, after consideration of the
arguments and evidence presented by the applicants and the village staff, as well as the advice of
its counsel, draws the following conclusions of law:
1. Petitioners' assertion that the projects are inconsistent with the Village's Master
Plan is not appropriate for consideration in this administrative appeal, but instead
must be reviewed under Section 163.3215, Florida Statutes.
2. The use of the properties for the Administration/Police building and the Fire
Station is authorized and regulated by Section 30-102 of the
Village Code.
3. The site plans for the Administration/Police building and the Fire Station include
the necessary and appropriate regulations under Section 30-102 of the Village
Code.
4. Section 30-71, Section 30-68, and Section 30-80(b) of the Village Code do not
apply to the properties.
5. The C-1 and PS (Parkside Residential) zoning districts do not apply to the
properties.
6. The appeal of the building permits was not timely filed.
7 There being no legitimate basis to sustain Petitioner's appeal, the Village Council
concludes that the appeal must be denied.
PASSED AND ADOPTED this 23rd day of October, 2001
AT
CONCHITA H. ALVAREZ, CMC
VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY
RICHARD • Y t, I , V 1 LAGE ATTORNEY