HomeMy Public PortalAbout2012-04 Amending the Village Comprehensive Plan by adopting the EARORDINANCE NO. 2012-4
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, AMENDING THE VILLAGE COMPREHENSIVE
PLAN BY ADOPTING THE EVALUATION AND APPRAISAL
REPORT (EAR) BASED COMPREHENSIVE PLAN
AMENDMENTS; AMENDING THE FUTURE LAND USE
ELEMENT; AMENDING THE TRANSPORTATION
ELEMENT; AMENDING THE HOUSING ELEMENT;
AMENDING THE INFRASTRUCTURE ELEMENT;
AMENDING THE CONSERVATION AND COASTAL
MANAGEMENT ELEMENT; AMENDING THE
RECREATION AND OPEN SPACE ELEMENT; AMENDING
THE INTERGOVERNMENTAL COORDINATION
ELEMENT; AMENDING THE CAPITAL IMPROVEMENTS
ELEMENT; AMENDING THE FUTURE LAND USE MAP;
PROVIDING FOR SEVERABILITY; PROVIDING FOR
CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3191, Florida Statutes, directs local governments to periodically
assess the success or failure of the adopted comprehensive plan in adequately addressing changing
conditions, state policies, and rules; and
WHEREAS, Section 163.3191(1), Florida Statutes, directs local governments to adopt an
Evaluation and Appraisal Report (the "EAR") assessing the progress in implementing the local
governments comprehensive plan; and
WHEREAS, the State Land Planning Agency has reviewed the EAR and has determined it
to be sufficient; and
WHEREAS, the Village has prepared the EAR -Based Comprehensive Plan amendments
necessary to update the Comprehensive Plan and to address the issues and opportunities identified
in the adopted EAR; and
WHEREAS, the Village Council, sitting as the Local Planning Agency, has reviewed the
proposed comprehensive plan amendments and recommends approval; and
WHEREAS, the Village Council finds that this Ordinance is in the best interest and welfare
of the residents of the Village.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS':
Section 1. The preceding "Whereas" clauses are ratified and incorporated as the legislative
intent of this Ordinance.
Section 2. Amendment of the Future Land Use Element. The Village Council hereby
adopts amendments to the Future Land Use Element within its Comprehensive Plan, which are
attached as Exhibit "A" to this Ordinance.
Section 3. Amendment of the Transportation Element. The Village Council hereby
adopts amendments to the Transportation Element within its Comprehensive Plan, which are
attached as Exhibit "A" to this Ordinance.
Section 4. Amendment of the Housing Element. The Village Council hereby adopts
amendments to the Housing Element within its Comprehensive Plan, which are attached as Exhibit
"A" to this Ordinance.
Section 5. Amendment of the Infrastructure Element. The Village Council hereby
adopts amendments to the Infrastructure Element within its Comprehensive Plan, which are attached
as Exhibit "A" to this Ordinance.
Section 6. Amendment of the Conservation and Coastal Management Element. The
Village Council hereby adopts amendments to the Conservation and Coastal Management Element
1 1 Coding: underlined words are additions to existing text, struck through words are deletions from existing text,
shaded text reflects changes made from First Reading.
2
within its Comprehensive Plan, which are attached as Exhibit "A" to this Ordinance.
Section 7. Amendment of the Recreation and Open Space Element. The Village Council
hereby adopts amendments to the Recreation and Open Space Element within its Comprehensive
Plan, which are attached as Exhibit "A" to this Ordinance.
Section 8. Amendment of the Intergovernmental Coordination Element. The Village
Council hereby adopts amendments to the Intergovernmental Coordination Element within its
Comprehensive Plan, which are attached as Exhibit "A" to this Ordinance.
Section 9. Amendment of the Capital Improvements Element. The Village Council
hereby adopts amendments to the Capital Improvements Element within its Comprehensive Plan,
which are attached as Exhibit "A" to this Ordinance.
Section 10. Amendment of Village Future Land Use Map. The Village Council hereby
adopts amendments to the Village Future Land Use Map, which are attached as Exhibit "A" to this
Ordinance.
Section 11. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be
invalid or unconstitutional, such decision shall not affect the validity of the remaining sections,
sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the
legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part.
Section 12. Conflicts. All ordinances or parts of ordinances, resolution or parts of
resolutions, in conflict herewith, are repealed to the extent of such conflict.
Section 13. Effective Date. This Ordinance shall be effective immediately upon passage
by the Village Council on second reading, except that the effective date of the Comprehensive Plan
3
Amendments (the "Plan Amendments") approved by this Ordinance shall be the date a final order
is issued by the Department of Community Affairs or Administration Commission finding the Plan
Amendments in compliance in accordance with Section 163.3184, Florida Statutes, whichever
occurs earlier. The State Land Planning Agency notice of intent to find the Plan Amendments in
compliance shall be deemed to be a final order if no timely petition challenging the Plan
Amendments is filed.
PASSED AND ADOPTED on first reading this 9th day of February, 2010.
PASSED AND ADOPTED on second reading this 13th day of March, 2012.
e sc/Sdier
HITA H. ALVAREZ, MMC, VILLAGE CLE
APPROVED AS TO FORM AND LEGAL SUFFICIE
VILLAGE A' • • EY
4
THE MIAMI HERALD MiamlHerald corn
THE AMERICAS
HI MONDAY, MARCH 5, 2012 I 7A
VENEZUELA
Chavez says new tumor was cancerous
55 Venezuelan President Hugo Chavez revealed on
television that the recently removed tumor was
the same type of cancer he had last year.
CARACAS — (AP) —
Venezuelan President Hugo
Chavez revealed Sunday
that a tumor recently re-
moved from his pelvic re-
gion was of the same type of
cancer as a baseball -sized
growth extracted from that
part of his body about seven
months ago
In his first TV appear-
ance in nine days, Chavez
said the surgery and follow-
up tests showed the tumor
was "a recurrence of the ini-
tially diagnosed cancer."
He said "the tumor was
totally extracted" and noted
"the absence of lesions sug-
gestive of cancer neither lo-
cally, neither in nearby or-
gans, neither far away ...nei-
ther metastasis, none of this
thanks to God, to the diag-
nosis and rapid
intervention."
The 57 -year -old president
said he would spend several
weeks recovering and then
"we are gomg to do radia-
tion treatment in the area
without discarding other
treatment options"
"There isn't fever nor any
other sign neither infection,
hemorrhage," he said. He
called the post -surgery heal-
ing"perfect in relation to the
time that's passed, and we
are already doing physical
therapy"
Chavez spoke firmly in
footage recorded Saturday
in Havana while accompa-
nied by various government
MARCELO GARCIA/AP
IN CUBA Venezuelan
President Hugo Chavez
talks about his cancer
on television Sunday
ministers and older brother
Adan Chavez. The president
said his recuperation has
been "open, progressive and
rapid" in the footage aired
Sunday in Venezuela
Chavez said "still it hasn't
been six days because the
operation ended on the
night of last Sunday" He
verified the date of the re-
cording by displaying a Sat-
urday copy of the Cuban
government newspaper
Gramm and a similar copy
of the Venezuelan govern-
ment paper Correo del
Orinoco
"We are very optimistic,"
he said while seated at an
oval table "There is a very
favorable medical evolution,
the vital signs very
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He has said doctors found
the growth in the same pel-
vic area where a malignant,
baseball -sized tumor was
extracted in June 2011 He
underwent several weeks of
radiation treatment in 2011
Chavez flew to Cuba for
his most recent surgery on
Feb. 24, and his absence
from the public spotlight
since then has sparked spec-
ulation about his health
With no one taking over
his duties in Venezuela,
Chavez issued instructions
to government ministers in
the footage and approved
the budgets of various state-
owned companies
As he has done in recent
weeks, Chavez defended
Syrian President Bashar Al-
Assad, who has tried to vio-
lently crush a popular revolt
in much of the Middle East-
ern country
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VILLAGE OF KEY BISCAYNE
NOTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN
AMENDMENTS
NOTICE IS HEREBY GIVEN to all parties that the Village Council of
Key Biscayne, FL, sitting in its capacity as the Local Planning Agency,
wit hold a public hearing on the proposed Ordinance described below
on Tuesday, March 13, 2012, at 7 00 p m in the Council Chamber, 560
Crandon Boulevard, Key Biscayne, FL
PLEASE NOTE that the Village Council will hold a public hearing and
second reading of the Ordinance immediately following the meeting of
the Village Local Planning Agency The purpose of the public heanng is to
consider the adoption of the following Ordinance
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING THE VILLAGE COMPREHENSIVE PLAN BY ADOPTING
THE EVALUATION AND APPRAISAL REPORT (EAR) BASED
COMPREHENSIVE PLAN AMENDMENTS; AMENDING THE
FUTURE LAND USE ELEMENT; AMENDING THE TRANSPORTATION
ELEMENT, AMENDING THE HOUSING ELEMENT; AMENDING THE
INFRASTRUCTURE ELEMENT; AMENDING THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT; AMENDING THE
RECREATION AND OPEN SPACE ELEMENT; AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT; AMENDING
THE CAPITAL IMPROVEMENTS ELEMENT; AMENDING THE
FUTURE LAND USE MAP; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE
Village of Key Biscayne J
The Future Land Use Map designations on the properties shaded in the
map above are proposed to be changed The proposed Ordinance may be
inspected by the public at the Village Clerk's Office, 88 West McIntyre Street,
Suite 220, Key Biscayne, FL 33149 Interested parties are Invited to attend
the public hearing or provide wnffen comments to the Village Council
All persons who are disabled and who need special accommodations to
participate in this proceeding should contact the Village Clerk's Office
(305-365-5506) not later than four (4) business days pnor to such
proceeding (Americans with Disabilities Act of 1990)
O a person decides to appeal any decision made by the Village Council,
with respect to any matter considered at a meeting or hearing, that
person will need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, such
record includes the testimony and evidence upon which the appeal is to
be based (FS 286 0105)
Conchita Alvarez, MMC
Village Clerk
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4B I FRIDAY, MARCH 2, 2012
IMMIGRATION
H'
LOCAL & STATE MiamiHerald corn I THE MIAMI HERALD
LEGISLATURE 2012
Students protest deportation Senate
order for school valedictorian may kill
abortion
•DEPORT, FROM 1B
Colombia.
But the climate has since
changed A new policy start-
ed under the Obama admin-
istration last summer gives
more leniency when it
comes to undocumented
immigrants like Gomez and
Pelaez.
The policy lessened the
focus on undocumented im-
migrants with no criminal
record or who are caring for
a sick child, who have been
victims of domestic vio-
lence or crime or who ar-
rived in the country as
children
Instead it turned the focus
on the detention and depor-
tation of dangerous foreign
criminals and foreigners
deemed threats to national
security
Those undocumented
immigrants, like Pelaez,
however, still must go
through legal proceedings.
The ruling for voluntary
departure only becomes fi-
7 consider myself an American, no matter what. I don't agree
with the judge.
nal after 30 days if an appeal
is not filed, said Pelaez's at-
torney, Jack Wallace "If it's
filed within 30 days, she
can't be deported any-
where?' He plans to file the
appeal next week, though he
didn't disclose on what
grounds.
Wallace said he did not
seek leniency under the new
policy — called prosecuto-
rial discretion —because he
believes it's best for those
with no rhanre of winning
approval to stay in the coun-
try. "Daniels has a good
chance, if we win in court in
Washington, to stay legally
in the United States," he
said
The deportation process
can drag on for years, with
all appeals from 59 immigra-
tion courts around the coun-
try going to Washington,
— Daniela Pelaez, North Miami High School student
DC
Pelaez's family, originally
from Barranquilla, Colom-
bia, finds themselves on
both sides of the immigra-
tion line
Her mother, Ana Gonza-
lez, returned to Colombia in
2006 to get successful treat-
ment for colon cancer and
now can't return to the Unit-
ed States. Her older brother,
Johan, is a U.S. citizen and
serves in the U.S. Army, re-
turning from a tour in Af-
ghanistan last year Her fa-
ther, Antonio Pelaez, was
able to receive residency
through her brother But Pe-
laez and her sister, Dayana,
are struggling to find a way
to stay in the country legally
Meanwhile, Pelaez's
classmates and teachers
have launched an aggressive
online effort to gain support
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, HOIIyuID
The Miami Premiere of Deadline, the new movie starring
Steve Talley and Academy Award nominee Eric Roberts,
is Wednesday, March 75 at the Regal South Beach 18
Hosted by The Miami Herald, the premiere will benefit the
United Way Deadline opens in theaters Friday, March 9"
Watch the trailer and buy tickets at
Uninvestigated
Unsolved
Unpunished
Until now
Movie Guide
"Deadline is an Important, terrific movie, with the kind of compelling story
and fascinating characters that made The Help so engaging. Beautifully
acted and directed "
- Dr Linda Seger, Script Consultant on over 2,000 scripts and author of
Making a Good Scnpt Great
"I can't wad to see Deadline again. It's been so much on my mind that I am
hungry to see, hear, learn mom about it It's a wonderful movie, full of great
stones and beautifully executed "
- Hank Klibanoff, Pulitzer Prize winner, Managing Editor, The Civil Rights
Cold Case Project
"I loved Deadline. It touched my heart.
No, it touched my soul."
- Mike Pandey, Filmmaker and Chair, the
International Film Festival of India
PG -13' PARENTS STRONGLY CAUTIONED el?
MEWHIN. WY Of INAPPPCPKVE FOR MORIN WEIR
FOR waWnwcnEx.nc Wnna
e
for her case — and keep her
in the United States
They have created a Face -
book page and started an on-
line petition, with more than
3,000 signatures as of
Thursday afternoon, that
they aim to send to the US
House of Representatives
They have made posters and
banners and handed out fli-
ers encouraging students to
J01/1 Friday's protest.
"We really are a family,"
said Emily Sell, a 17 -year -old
senior She and Pelaez at-
tend the rigorous, college -
prep International Bacca-
laureate program at North
Miami Senior
"I won't allow that (de-
portation] to happen to her
For her to be deported
means I'm losing one of my
closest friends, our school is
losing one of its brightest
minds ._ That means a lot of
loss that's felt not only by me
but all of her friends and
family" Emily said.
The news of the judge's
order was "devastating,"
said Larry Jurrist, who leads
the school's IB piug.am and
teaches Pelaez in advanced
Spanish "It's shocking to
think that someone you've
known for four years is sud-
denly going to be shipped
off somewhere "
When students started
the online petition, Jurrist
signed it and posted it on his
Facebook page. "Not only
did a tremendous amount of
my friends and families sign
it, they shared it, and it's
spread around tremendous-
ly, not just through me, but
everyone else who's doing
the same thing," Jurrist said
For a decade, unniigrants'
rights groups have pushed
the DREAM Act, a federal
proposal that would allow
undocumented children to
obtain permanent residen-
cy, either by enrolling in col-
lege or serving in the mili-
tary. The bill has been crit-
icized for promoting illegal
immigration — and has nev-
er been signed into law
According to estimates by
the Urban Institute, 192,000
students in Florida would
benefit from the DREAM
Act That means they came
to the United States when
they were younger than 16,
have lived in the country for
more than five years and
have graduated from a Flori-
da high school
Last month in the Florida
Legislature, efforts to let un-
documented students pay
in -state tuition were shot
down.
Under current state law,
undocumented students
must pay out-of-state tu-
ition, which is nearly three
times higher than the rates
for Florida residents.
Juan Rodriguez, the youth
coordinator with the Florida
Immigrant Coalition, said
it's important for students to
reach out to their
community.
"They need to create their
network of trusted friends
that they can share their sto-
ry with or teachers they can
trust," he said.
"We understand there's a
lot of fear There's more fear
on the part of the parents
The majority of cases of stu-
dents that have been
stopped, it's been people
whose community has been
aware of their story and do
advocacy for them."
Pelaez said she's grateful
for the rally at her school
"I am annoyed and humil-
iated by all of this; I don't
feel I deserve this," she said
"Criminals have more rights
right now than I do — that's
humiliating. I'm a good per-
son, I know I am"
El NuevoHerald staff
writer Alfonso Chardy
contributed to this report
For more education news,
follow @laurutsensee on
Twitter
VILLAGE OF KEY BISCAYNE
NOTICE OF PUBLIC HEARING
COMPREHENSIVE PLAN
AMENDMENTS
NOTICE IS HEREBY GIVEN to all parties that the Village Council of
Key Biscayne, FL, sitting in its capacity as the Local Planning Agency,
will hold a public hearing on the proposed Ordinance described below
on Tuesday, March 13, 2012, at 7 00 p m in the Council Chamber, 560
Crandon Boulevard, Key Biscayne, FL
PLEASE NOTE that the Village Council will hold a public hearing and
second reading of the Ordinance immediately following the meeting of
the Village Local Planning Agency The purpose of the public hearing is to
consider the adoption of the following Ordinance
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
AMENDING THE VILLAGE COMPREHENSIVE PLAN BY ADOPTING
THE EVALUATION AND APPRAISAL REPORT (EAR) BASED
COMPREHENSIVE PLAN AMENDMENTS; AMENDING THE
FUTURE LAND USE ELEMENT; AMENDING THE TRANSPORTATION
ELEMENT, AMENDING THE HOUSING ELEMENT; AMENDING THE
INFRASTRUCTURE ELEMENT; AMENDING THE CONSERVATION
AND COASTAL MANAGEMENT ELEMENT; AMENDING THE
RECREATION AND OPEN SPACE ELEMENT; AMENDING THE
INTERGOVERNMENTAL COORDINATION ELEMENT, AMENDING
THE CAPITAL IMPROVEMENTS ELEMENT; AMENDING THE
FUTURE LAND USE MAP, PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN
EFFECTIVE DATE.
The Future Land Use Map designations on the properties shaded in the
map above are proposed to be changed The proposed Ordinance may
be inspected by the public at the Visage Clerk's Office, 88 West McIntyre
Street, Suite 220, Key Biscayne, FL 33149 Interested parties are
invited to attend the public hearing or provide written comments to the
Village Council
All persons who are disabled and who need special accommodations to
participate in this proceeding should contact the Village Clerk's Office
(305-365-5506) not later than four (4) business days prior to such
proceeding (Americans with Disabilities Act of 1990)
If a person decides to appeal any decision made by the Village Council,
with respect to any matter considered at a meeting or hearing, that
person we need a record of the proceedings and, for such purpose, may
need to ensure that a verbatim record of the proceedings is made, such
record includes the testimony and evidence upon which the appeal is to
be based (FS 2860105)
Conchita Alvarez, MMC
Village Clerk
proposal
The House passed
a sweeping
anti -abortion bill, but
its prospects in the
Senate were
uncertain
BY KATIE SANDERS
Herald/times Tallahassee
Bureau
TALLAHASSEE —
Women seeking an abor-
tion would first have to
wait 24 hours and new
clinics would be physi-
cian -owned as part of a
sweeping anti -abortion
measure passed by the
House on Thursday
Passage of HB 277 was
unsurprising in the con-
servative -dominated
House, though a handful
of lawmakers from both
sides broke party lines in
the 78-33 vote "This isn't
an insidious war against
women," said Rep James
Grant, 12 -Tampa "It's a
righteous war for
children."
The proposal faces a
steep hurdle in the Sen-
ate, where its companion
(SB 290) is stuck in com-
mittees and is not sched-
uled to be considered
again. Senate leaders can
still revive the bill, but
Senate President Mike
Haridopolos sounded
lukewarm to the idea
when asked by reporters.
"If I believe we have
the time to dedicate to
that issue, I'm willing to
take a look at it," he said
"But at this point, it's still
at the second committee
of reference "
Debate on Thursday
picked up where it left off
at 11 p.m. Wednesday
with House Democrats
criticizing the proposal
of Rep Rachel Burgin, R -
Riverview
Rep Elaine Schwartz,
D -Hollywood, told Bur-
gin on Thursday, "You
have done a masterful job
defending something
that I truly think is
indefensible"
Aside from the waiting
period and ownership re-
quirements for new clin-
ics — which targets
Planned Parenthood —
the bill would require
physicians to describe
the steps that could be
painful to a fetus 20
weeks or older, though
the idea of fetal pain is of
continuing debate
among scientists
A physician also
would have to offer to ad-
minister anesthesia to
the fetus.
Physicians also would
take three hours of ethics
training each year, a re-
quirement Democrats
considered unfair along
with the physician -own-
ership provision.
This is not standard
practice, said Rep Mark
Pafford, D -West Palm
Beach. "One example of
this is our governor, who
has owned numerous
hospitals and isn't a phy-
sician," he said
Rep Ronald 'Doc' Re-
nuart, R-Ponte Vedra
Beach, countered by say-
ing the bill provides "rea-
sonable restrictions on
the business of abortion,"
and the requirement that
clinics be wholly owned
by physicians trained in
abortion procedures "en-
sures accountability"
Some questioned a
clause that the Agency
for Health Care Adminis-
tration, which regulates
abortion clinics, collect
data of each procedure,
including patient age,
gestational age, race,
marital status, number of
previous live births,
number of previous
abortions and home-
town.
The website would be
submitted to the federal
government and posted
on a website for public
view, leading Rep. Lori
Berman, D -Delray Beach,
to suggest it could identi-
fy women in small towns
Herald/limes staff
writer Tbluse Olorunmpa
contributed to this report
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