HomeMy Public PortalAbout02-09-10 - Local Planning Agency.tifMINUTES
LOCAL PLANNING AGENCY
KEY BISCAYNE, FLORIDA
TUESDAY, FEBRUARY 9, 2010
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 Davey, Robert Gusman, Michael
E. Kelly, Jorge E. Mendia, Vice Mayor Enrique Garcia and Chairman Robert L. Vernon. Also
present were Village Manager Genaro "Chip" Iglesias, Village Clerk Conchita H. Alvarez and
Village Attorneys Stephen J. Helfman and Chad Friedman.
2. INVOCATION: Father Jose Luis Hernando, Saint Agnes Catholic Church, gave an
invocation.
3. PLEDGE OF ALLEGIANCE: Chairman Vernon led the Pledge of Allegiance.
4. APPROVAL OF MINUTES: Councilmember Davey made a motion to approve the
minutes of the January 26, 2010 Local Planning Agency Meeting. The motion was seconded by Vice
Mayor Garcia and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey,
Gusman, Kelly, Mendia, Vice Mayor Mendia and Mayor Vernon voting Yes.
5. ORDINANCES: A continuation public hearing from the January 26, 2010 Local Planning
Agency Meeting and recommendation of the Village Council sitting as the Local Planning Agency
on the following proposed ordinance:
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February 9, 2010
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 Local Government Comprehensive Planning Act requires each municipality to complete an
Evaluation and Appraisal Report (EAR) of their Master Plan. The next step in the process is to
amend the Master Plan to comply with the recommendations that were approved in the EAR. These
changes affect the following elements in our Master Plan: Traffic Circulation, Housing,
Infrastructure, Conservation and Coastal Management, Intergovernmental Coordination, Capital
Improvements, Recreation and Open Space, and Future Land Use. The amendment process starts
with the Local Planning Agency and Village Council hearing. The decision of these agencies are
then forwarded to DCA who will provide the Council with their comments. Following receipt of
the DCA comments, the Council will hold a second hearing. The process takes approximately six
to nine months.
Councilmember Davey made a motion to recommend to the Council the adoption of the ordinance
amending the Master Plan. The motion was seconded by Vice Mayor Garcia.
The Manager and Building Zoning and Planning Director Jud Kurlancheek addressed the Council
regarding the proposed amendments.
The Chairman opened the public hearing. Stephen Olmore, 750 Fernwood Road; Ed Meyer,
798 Crandon Boulevard; Paul Malavenda, 785 Fernwood Road; Mary Jo Pinedo, 365
Atlantic Road; Rafael Rojas, 971 Crandon Boulevard and Julio Padilla, 325 Atlantic Road
addressed the Council. The Chairman closed the public hearing.
Proposed changes to the Future Land Use Map for the Pankey Institute (from Medium Density
Multiple Family Residential to Public and Institutional), Public Library (from Medium Density
Multiple Family Residential to Public and Institutional), Key Biscayne K-8 Center (from Public
Recreation and Open Space -building portion site to Public and Institutional), Village Lake Park
(from Low Density Multiple Family Residential to Public Recreation and Open Space) and the
Village Beach Park (from Multiple Family Residential and Hotel Resort to Public Recreation and
Open Space) were approved by a 7-0 voice vote. The vote was as follows: Councilmember Davey,
Gusman, Kelly, Mendia, Thornton, Vice Mayor Garcia and Chairman Vernon voting Yes.
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February 9, 2010
Proposed change to the Future Land Use Map for 701-798 Fernwood Road (from Two Family
Residential to Single Family Residential) was approved by a 5-2 voice vote. The vote was as
follows: Councilmembers Kelly, Mendia, Thornton, Vice Mayor Garcia and Mayor Vernon voting
Yes. Councilmembers Davey and Gusman voting No.
Proposed change to the Future Land Use Map for L'Esplanade (from Low Density Multiple Family
Residential to Commercial) was approved by a 4-3 roll call vote. The vote was as follows:
Councilmembers Davey, Gusman, Mendia and Vice Mayor Garcia voting Yes. Councilmembers
Kelly, Thornton and Chairman Vernon voting No.
Councilmember Kelly made a motion to move the Houses of Worship Category from the Single
Family Home Category to the Office and Commercial Category. The motion was seconded by Vice
Mayor Garcia and approved by a 7-0 voice vote. The vote was as follows: Councilmembers Davey,
Gusman, Kelly, Mendia, Thornton, Vice Mayor Garcia and Chairman Vernon voting Yes.
It was the consensus of Council to amend Policy 1.2.2 under the Transportation Element as follows:
The Village shall consider pedestrian. bikeway and golf cart access points at the rear property lines
of commercial properties which are bounded on the rear property line by Fernwood Road.
It was the consensus of Council to amend Policy 1.61 under the Transportation Element as follows:
The Village shall, to the extent financially feasible, explore and develop programs to encourage non -
motorized and golf cart transportation by continued improvements and enhancements to its
pedestrian, bikeway and golf cart systems.
It was also the consensus of Council to remove Policy 1.3.1 under the Infrastructure Element, since
it no longer applies.
It was the consensus of Council to eliminate "and a community center" from Policy 1.3.4 under the
Recreation and Open Space Element, since this goal was achieved.
It was the consensus of Council to eliminate the word "semi" from Objective 1.4 Open Space under
the Recreation and Open Space Element.
It was also the consensus of Council to eliminate the word "residential" from Policy 1.41 under the
Recreation and Open Space Element.
It was the consensus of Council to eliminate the Solid Waste paragraph in Policy 1.21 under the
Intergovernmental Coordination Element, since it no longer applies.
It was the consensus of Council to eliminate the Solid Waste paragraph in Policy 1.21 under the
Capital Improvements Element, since it no longer applies.
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February 9, 2010
The motion to recommend to the Council the adoption of the ordinance amending the Master plan
was approved by a 7-0 roll call vote. The vote was as follows: Councilmembers Davey, Gusman,
Kelly, Mendia, Vice Mayor Mendia and Mayor Vernon voting Yes.
6. ADJOURNMENT: The meeting was adjourned at 9:45 p.m.
Respectfully submIted:
/WV
Conchita H. Alvarez, MMC
Village Clerk
Approved this 22nd , y of June . 2010:
Robert L. Vernon
Chairman
IFA 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, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE BASED.
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