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HomeMy Public PortalAbout02-16-10 - ZORC Workshop.tifMINUTES ZORC WORKSHOP KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 16, 2010 COUNCIL CHAMBER 560 CRANDON BOULEVARD The meeting was called to order by the Mayor at 7:00 p.m. Present were Councilmembers Michael Davey, Robert Gusman, Michael E. Kelly, Jorge E. Mendia, Thomas Thornton and Mayor Robert L. Vernon. Vice Mayor Enrique Garcia was absent. Also present were Village Manager Genaro "Chip" Iglesias, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen J. Helfman and Chad Friedman. The Mayor thanked the members of the Zoning Ordinance Review Committee for their hard work and commitment to the Village of Key Biscayne. The Manager and Director of Building, Zoning and Planning Jud Kurlancheek made a presentation of ZORC's proposed recommended changes to the ZORC Ordinance. At the request of the Council, the Attorney submitted a legal opinion regarding the election requirement imposed under Section 4.15 of the Village Charter. The Charter Amendment approved by a majority of electors of the Village of Key Biscayne on June 12, 2007 was for the express purpose of creating "new limitations on the Village Council's ability to amend the land development regulations to allow new uses or increased density or intensity of development, or to redefine terms used in these regulations." 1 of February 16, 2010 The Charter Amendment does not apply to changes to the Zoning Map/Rezonings or to changes to the Comprehensive Master Plan. Finally, when there is a proposal to amend the text of the Village's zoning code or other land development regulations voter approval will be required where the amendment: 1.) Creates a new zoning district; 2.) Would amend any definition of a term used in the land development regulations; 3.) Has the effect of allowing a use not currently permitted; 4.) Increases residential density; 5.) Provides for additional hotel or other accommodation units per acre; 6.) Increases lot coverage; 7.) Increases height; or 8.) Increases floor area ration. In conclusion, the Charter Amendment only applies to text (word) changes to the "zoning code or other land development regulations." It does not apply to any changes to the Official Zoning Map (rezoning) or any change to the Village's Comprehensive Master Plan or the Future Land Use Plan Map within the Comprehensive Plan. The Charter Amendment does apply and voter approval is required under certain circumstances where the text of the zoning code or other land development regulations is proposed to be changed. Mr. Franklin H. Caplan, Chair, Arturo Aballi, Vice Chairman and Julie Alvarez, Member of the ZORC Committee addressed the Council regarding their report and recommendations. The following Articles were discussed: Article I - Title Intent, Purpose, Method and Fees; Article II - Definitions and Article III - General Provisions. The discussion on Article IV - Administration of the Zoning Ordinance; Article VII - Off -Street Parking and Loading; Article VIII - Signs and Article IX - Landscape Regulations will continue at the next ZORC Workshop scheduled for Tuesday, March 2, 2010 at 7:00 p.m. in the Council Chamber. The workshop was adjourned at 10:30 p.m. Res ully submit7ed: ffd,/, onchita H. Alvarez, MMC Village Clerk 2 of 3 February 16, 2010 Approved this 23 day of February , 2010: Robert L. Vernon Mayor 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. 3 of