HomeMy Public PortalAbout02-28-12 - Zoning Meeting.tifMINUTES
ZONING MEETING
TUESDAY, FEBRUARY 28, 2012
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Mayor at 7:00 p.m. Present were Councilmembers Michael W. Davey, Enrique Garcia, Robert
Gusman, Mayra P. Lindsay, James S. Taintor, Vice Mayor Michael E. Kelly and Mayor Franklin H.
Caplan. Also present were Village Manager John C. Gilbert, Village Clerk Conchita H. Alvarez and
Village Attorney Stephen J. Helfman.
2. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
3. BRIEF COMMENTS BY COUNCIL: The Mayor addressed the Council congratulating
Councilmember Gusman on the birth of his first grandchild; also reported that he will be making
appointments to the Youth Athletics Advisory Board at the next Council Meeting; also reported that
there is a Bike Safety meeting scheduled for tomorrow and also reported that there is a school
facilities and programming meeting scheduled for Friday with Intergovernmental Affairs, Facilities
and Schools for Choice and also addressed the Council regarding a self -assessment which is an
ongoing project.
Councilmember Davey requested clarification of the Pending Business/Pending Litigation list. This
list is to serve as a reminder of pending business/litigation and not as items for discussion.
1 of
February 28, 2012
4. SPECIAL RECOGNITION: Chief Charles Press addressed the Council reporting that the
Police Department was re -accredited last week and received a flawless accreditation report.
The Manager also addressed the Council asking Chief Press to address the Council recognizing
Officer Cheryl Dufrene for her outstanding service during the recent bicycle accident on the
Rickenbacker Causeway.
5. AGENDA: Vice Mayor Kelly requested the addition of Housekeeping as Item 10A3. There
was no objection to the agenda change.
6. APPROVAL OF MINUTES: Vice Mayor Kelly made a motion to approve the minutes of
the February 7, 2012 Regular Council Meeting. The motion was seconded by Councilmember
Davey.
The Clerk reported an amendment to page 6 of the minutes by adding the following: "Tot Lot Wall
Project" to the third paragraph under the Village Manager's report.
The minutes, as amended, were approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
7. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public
hearing were sworn in by the Village Clerk.
Hearing Number RV 34. The applicants Edward and Amy Easton, 18 Harbor Point are requesting
the following variance: The applicants are requesting to waive 7 ft. 2.5 inches of the required 15 ft.
North side yard setback in order to construct an approximate 186 sq. ft. addition to the second floor
over the first floor which has a 7 ft. 9.5 inches setback
Vice Mayor Kelly made a motion to approve the variance. The motion was seconded by
Councilmember Lindsay.
The Manager addressed the Council recommending approval of the variance as the request is
consistent with the review criteria.
The Mayor opened the public hearing. Amy and Ed Easton, 18 Harbor Point and Deborah
de Leon, Architect for the owners addressed the Council. The Mayor closed the public
hearing.
2of7
February 28, 2012
The variance was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers
Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
8. ORDINANCES: The Clerk read the following ordinance on first reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 2-101 "QUALIFYING PERIOD" OF ARTICLE V "ELECTIONS" OF THE
VILLAGE CODE OF ORDINANCES, RELATING TO THE QUALIFYING PERIOD FOR
THE MAYOR AND VILLAGE COUNCIL; AND PROVIDING FOR AN EFFECTIVE
DATE.
Councilmember Davey made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Clerk and the Attorney addressed the Council recommending approval of the ordinance in order
to comply with statutory deadline for the mailing of the overseas absentee ballots.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was adopted on first reading by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
The Clerk announced the second reading on March 13, 2012.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTION 30-103 "HOTEL RESORT DISTRICT;" PROVIDING FOR AMENDMENTS TO
SECTION 30-103(A) RELATING TO THE PURPOSE AND USES; PROVIDING FOR
AMENDMENTS TO SECTION 30-103(B) RELATING TO THE DEVELOPMENT
REGULATIONS; PROVIDING FOR AMENDMENTS TO SECTION 30-184 "AMOUNT OF
REQUIRED OFF-STREET PARKING" RELATING TO THE REQUIRED OFF-STREET
PARKING FOR HOTELS AND MOTELS; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
This ordinance was deferred from the January 24, 2012 Zoning Meeting.
Councilmember Davey made a motion to adopt the ordinance on second reading. The motion was
seconded by Councilmember Garcia.
3 of 7
February 28, 2012
The Manager addressed the Council recommending approval of the ordinance since the request is
consistent with the review criteria.
The Attorney addressed the Council regarding this ordinance.
The Mayor opened the public hearing. Luis Lauredo, 201 Crandon Boulevard; Al Cardenas
and Santiago Echemendia with Tew Cardenas, representing the owners of Red Dragon/Silver
Sands; Katherine Connors, Real Estate Appraiser from Jacksonville, Florida, Scott W. Brush,
ISHC and Carlos Cuevas, on behalf of the owners of the Silver Sands; John Shubin with
Shubin and Bass representing Consultatio LLC; former Mayor Robert Vernon, 475
Ridgewood Road; Barry Goldmeier, 1000 Mariner Drive and Rafael Momene, 881 Ocean
Drive addressed the Council. The Mayor closed the public hearing.
Councilmember Lindsay made a motion to amend Section 4 by striking Wmd�t„a,.,l1.�.,�
and adding any natural disaster or other casualty. The motion was seconded by Mayor Caplan and
approved by a 7-0 voice. The vote was as follows: Councilmembers Davey, Garcia, Gusman,
Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
Councilmember Taintor made a motion to eliminate the Motel use from Section 30-184 (a). The
motion was seconded by Mayor Caplan and approved by a 7-0 voice vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
Councilmember Gusman made a motion to continue the hearing of this ordinance to the June 12,
2012 Council Meeting. The motion was seconded by Councihnember Garcia and approved by a 5-2
roll call vote. The vote was as follows: Councilmembers Davey, Garcia, Gusman, Taintor and
Mayor Caplan voting Yes. Councilmember Lindsay and Vice Mayor Kelly voting No.
At this time the Council took a 10 minute recess.
The meeting was reconvened at 10:15 p.m.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 8 "ENVIRONMENT" TO CREATE ARTICLE VIII "SOIL EROSION,
FUGITIVE DUST AND SEDIMENT CONTROL" TO PROVIDE FOR SOIL EROSION AND
SEDIMENT POLLUTANT MANAGEMENT AND CONTROL REGULATIONS;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
4of7
February 28, 2012
Councilmember Davey made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Manager addressed the Council recommending the adoption of the Ordinance which establishes
regulations dealing with soil erosion, fugitive dust, and sediment control.
Alicia M. Verea-Ferea with Tetra -Tech addressed the Council regarding this ordinance.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was adopted, on second reading, by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
The Clerk read the following ordinance on second reading, by title:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
CHAPTER 8 "ENVIRONMENT" TO CREATE ARTICLE VII "STORMWATER
CONTROL" IN ORDER TO PROVIDE FOR STORMWATER MANAGEMENT
REGULATIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to adopt the ordinance on first reading. The motion was
seconded by Councilmember Garcia.
The Manager addressed the Council recommending adoption of the Ordinance which establishes
regulations dealing with discharges into the Village's Stormwater System.
The Mayor opened the public hearing. There were no speakers present. The Mayor closed
the public hearing.
The ordinance was adopted, on second reading, by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan
voting Yes.
9. RESOLUTIONS: The Clerk read the following resolution by title:
A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, SELECTING ENERGOV SOLUTIONS, INC. TO PROVIDE BUILDING
PERMIT SOFTWARE FOR THE BUILDING, ZONING, AND PLANNING DEPARTMENT;
5of7
February 28, 2012
AUTHORIZING THE VILLAGE MANAGER TO NEGOTIATE AN AGREEMENT
CONSISTENT WITH THE TERMS SET FORTH IN THE PROPOSAL ATTACHED AS
EXHIBIT "A"; AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Garcia made a motion to approve the resolution. The motion was seconded by
Councilmember Davey.
The Manager and Director Kurlancheek addressed the Council recommending approval of the
resolution which directs the Administration to negotiate with EnerGov Solutions, L.L.C. for
purposes of selecting the best permit software solution for the Building, Zoning and Planning
Department. If an agreement cannot be reached, then the Administration will enter into negotiations
with Computer Software Inc. who is the second ranked firm.
The Manager and Director Kurlancheek acknowledged Mr. Fred Simmons, Jr., Manager, VPM,
Transit Unit from Miami -Dade County for his assistance during this process.
The resolution was approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey,
Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Mayor Caplan voting Yes.
10. REPORTS AND RECOMMENDATIONS: The following items were discussed:
Mayor and Councilmembers. Vice Mayor Kelly addressed the Council regarding Rickenbacker
Causeway Safety.
It was the consensus of Council to direct staff to draft a resolution urging Miami -Dade County
Commissioners to enhance the enforcement on the Rickenbacker Causeway in order to prevent more
tragedies.
Councilmember Taintor addressed the Council regarding the bicycle/accident death on the
Rickenbacker Causeway on Tuesday, February 14th.
Village Attorney. The Attorney did not submit a report.
Village Clerk. The Office of the Mayor issued the following proclamation during the month of
February: Dedication of the Ransom Everglades Aquatic Center.
Village Manager. The Manager updated the Council on the RFQ for a Health Insurance Broker
Record of Services.
11. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed.
6of7
February 28, 2012
12. PENDING BUSINESS/PENDING LITIGATION: A list of pending business/pending
litigation was presented to the Council.
13. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and
events was presented to the Council.
14. ADJOURNMENT: The meeting was adjourned at 10:55 p.m.
Respec! ly submitted;
a H. Alvarez, MMC
Village Clerk
Approve is 13th day of March , 202:
C (/
Frar klin. Caplan
Mayor --
IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH
RESPECT TO ANY MATTER CONSIDERED ATA 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, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
7of7