HomeMy Public PortalAbout10-09-12 - Local Planning Agency.tifMINUTES
LOCAL PLANNING AGENCY
KEY BISCAYNE, FLORIDA
TUESDAY, OCTOBER 9, 2012
COUNCIL CHAMBER
560 CRANDON BOULEVARD
1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by
the Chairman at 7:00 p.m. Present were Councilmembers Michael W. Davey, Enrique Garcia,
Robert Gusman, Mayra P. Lindsay (arrived at 7:09 p.m.), James S. Taintor, Vice Mayor Michael E.
Kelly and Chairman Franklin H. Caplan. Also present were Village Manager John C. Gilbert,
Village Clerk Conchita H. Alvarez and Village Attorney Stephen J. Helfman.
2. INVOCATION: Reverend David Moran, Key Biscayne Presbyterian Church gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Mayor Caplan led the Pledge of Allegiance.
4. APPROVAL OF MINUTES: Vice Mayor Kelly made a motion to approve the minutes of
the March 13, 2012 Local Planning Agency Meeting. The motion was seconded by Councilmember
Garcia and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey, Garcia,
Gusman Lindsay, Taintor, Vice Mayor Kelly and Chairman Caplan voting Yes.
Mayor Caplan requested to hear Item 5A2 before Item 5A1. There was no objection to the request.
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October 9, 2012
5. ORDINANCES: A public meeting and recommendation of the Village Council sitting as
the Local Planning Agency on the following proposed ordinance:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING
SECTIONS 30-33(3) AND 30-73(G) OF THE VILLAGE CODE OF ORDINANCES,
AMENDING THE SITE PLAN REVIEW PROCEDURES TO PROHIBIT THE APPROVAL
OF ADDITIONAL DENSITY IN EXCESS OF DENSITY PREVIOUSLY APPROVED
PURSUANT TO A VALID DEVELOPMENT ORDER; PROVIDING FOR
EFFECTIVENESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
AND PROVIDING FOR AN EFFECTIVE DATE.
Councilmember Davey made a motion to recommend the adoption of the ordinance to the Council
as it is consistent with the Master Plan. The motion was seconded by Councilmember Garcia.
The Attorney addressed the Council regarding this ordinance.
The Mayor opened the public hearing. Santiago Echemendia and Bob de la Fuente,
Attorneys representing the Red Dragon Sands, Ltd. and Charles Sieger, 14121 SW 119
Avenue, Miami also on behalf of the Red Dragon Sands, Ltd. addressed the Council. The
Mayor closed the public hearing.
Councilmember Davey made a motion to defer this ordinance. The motion was seconded by
Councilmember Garcia and failed by a 1-6 voice vote. The vote was as follows: Councilmember
Davey voting Yes. Councilmembers Garcia, Gusman, Lindsay, Taintor Vice Mayor Kelly and
Chairman Caplan voting No.
The motion to recommend the proposed ordinance to the Village Council, as it is consistent with the
Master Plan, including the vested rights procedure, was approved by a 5-2 roll call vote. The vote
was as follows: Councilmembers Garcia, Lindsay, Taintor, Vice Mayor Kelly and Chairman Caplan
voting Yes. Councilmembers Davey and Gusman voting No.
A public meeting and recommendation of the Village Council sitting as the Local Planning Agency
on the following proposed ordinance:
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.
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October 9, 2012
Councilmember Davey made a motion to recommend the adoption of the ordinance to the Council
as it is consistent with the Master Plan. The motion was seconded by Councilmember Lindsay.
The Attorney addressed the Council regarding this ordinance recommending the adoption of the
vested rights procedure.
The Mayor opened the public hearing. Charles Sieger, 14121 SW 119th Avenue addressed
the Council on behalf of the Silver Sands. The Mayor closed the public hearing.
The motion to recommend the proposed ordinance, as amended, to the Council as it is consistent
with the Master Plan, was approved by a 7-0 roll call vote. The vote was as follows:
Councilmembers Davey, Garcia, Gusman, Lindsay, Taintor, Vice Mayor Kelly and Chairman Caplan
voting Yes.
6. ADJOURNMENT: The meeting was adjourned at 7:45 p.m.
Respe lly submitted:
'Ea H. Alvarez, MMC
Village Clerk
Appro is 22nd day January , 2013:
Fr nkli H. Caplan
Chat an
IFA PERSONDECIDES 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, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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