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HomeMy Public PortalAbout10-23-01 Zoning Meeting.tifMINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER 23, 2001 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, FLORIDA 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 Scott Bass, Martha F. Broucek, Alan H. Fein, Robert Oldakowski, James L. Peters and Mayor Joe I. Rasco. Vice Mayor Mortimer Fried was absent. Also present were Village Manager C. Samuel Kissinger, Village Clerk Conchita H. Alvarez and Village Attorneys Stephen J. Helfman, Joe Serota, Nancy Stroud, Tony Recio and John Shubin. 2. PLEDGE OF ALLEGIANCE: Mayor Rasco led the Pledge of Allegiance. 3. AGENDA: There were no changes to the agenda. 4. APPROVAL OF MINUTES: Councilmember Oldakowski made a motion to approve the minutes of the October 2, 2001 Playing Fields Workshop and the minutes of the October 9, 2001 Regular Council Meeting. The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. 5. BUILDING, ZONING AND PLANNING: All witnesses giving testimony in the public hearings were sworn in by the Clerk. 1 of 7 October 23, 2001 Hearing Number SP -03. Key Biscayne Shopping Center Joint Venture, 24 West Enid, the applicant is requesting approval of a site plan related to the construction of an office building. This hearing was continued from the August 28, 2001 Zoning Meeting. Santiago Echemendia, Tew Cardenas Rebak Kellog Lehman DeMaria Tague Raymond & Levine, L.L.P., 201 S. Biscayne Boulevard, Miami, representing the applicant, requested deferral of this application to the November 27, 2001 Zoning Meeting. There was no objection to the request. Hearing Number RV -07. Dock and Marine Construction, Inc., 240 Harbor Drive, the applicant is requesting to construct a dock, with a boat lift located between the dock and pilings, that requires the following variances: 1.) Permit the dock to extend 36.5 ft. into Biscayne Bay when the maximum projection is 10 ft.; 2.) Permit pilings to extend 50.5 ft. into Biscayne Bay when the maximum projection is 25 ft. Director Kurlancheek, addressed the Council recommending denial of the site plan because it is not consistent with the review criteria to evaluate variances. The Mayor opened the public hearing. Glen Larson, with Dock and Marine Construction, Inc., on behalf of the applicant, addressed the Council; James Taintor, 355 Harbor Drive and Richard Bunnell, President, Bunnell Foundation, Inc., 7801 N.W. 66 Street, Miami, also addressed the Council. The Mayor closed the public hearing. Councilmember Bass made a motion to defer this hearing to the Zoning Meeting of November 27, 2001. The motion was seconded by Councilmember Broucek and approved by a 5-1 roll call vote. The vote was as follows: Councilmember Bass, Broucek, Fein, Peters and Mayor Rasco voting Yes. Councilmember Oldakowski voting No. Hearing Number AP 01-02. Coalition to Rescue Paradise, Inc., 88 West McIntyre Street, the applicant is appealing the following administrative decisions: 1.) The issuance of building permit number BO1-01097 for the Administration/Police Building at 88 West McIntyre Street; 2.) The issuance of building permit number BO1-00740 for the Fire Station at 560 Crandon Boulevard; 3.) Change of zoning on property to government use. The properties are located at 88 West McIntyre Street (Administration/Police Building) and 560 Crandon Boulevard (Fire Station). Attorney Helfman addressed the Council regarding this hearing and the two challenges filed by the applicants. 2 of 7 October 23, 2001 Vincent E. Damian, Jr. with Salomon Kanner Damian & Rodriguez, P.A., representing the applicants, addressed the Council regarding the appeal and requested that the following documents be incorporated into the record: • Village of Key Biscayne Ordinance 2000-5 adopted on second reading on May 9, 2000. • Village of Key Biscayne Ordinance 2000-6 adopted on second reading on May 9, 2000. • Village of Key Biscayne Resolution 2001-23 adopted on March 6, 2001. • Village of Key Biscayne Resolution 2001-28 adopted on April 10, 2001. • Village of Key Biscayne Building Permit Card, Permit No. B01-01097 issued on June 15, 2001. • Village of Key Biscayne Permit Application for construction of new Administration/Police Building. • Village of Key Biscayne Receipt No. R98002661 for Permit No. B01-01097, dated June 15, 2001. • Village of Key Biscayne Building Permit Card, Permit No. B01-00740, dated June 13, 2001. • Village of Key Biscayne Permit Application for construction of new Fire Department Facility. • Letter from Kathleen King, Esq., 745 Fernwood Road, to Village Manager for public records request, dated May 29, 2001. • Letter from Carol Diaz -Castro, 240 Hampton Lane, to Village Manager for public records request, dated June 19, 2001. • Letter to Soloman, Kanner, Damian, and Rodriguez, P.A. from Jud Kurlancheek, AICP, Director of Building, Zoning and Planning regarding application fees, dated October 4, 2001. Letter to Vincent E. Damian, Jr., Esq. from Village Attorney Tony Recio regarding Coalition to Rescue Paradise v. Village of Key Biscayne Case No.: 01021487, request for information explaining fees, dated October 18, 2001. • Letter to Vincent E. Damian, Jr., Esq. from Robert K. Swarthout, PCP, AICP and Gerard P. Santoro, AICP with Donnellon Swarthout Associates, Inc. regarding Key Biscayne Citizens vs. Village of Key Biscayne File No. 016516 Master Plan Violations, dated October 3, 2001. Attorney Damian called the following witnesses to the podium: Carol Diaz Castro, 240 Hampton Lane; Arturo Aballi, 91 Island Drive, President to the Coalition to Rescue Paradise; Andrew Gordon, 269 Cranwood Drive and Kathleen King, 745 Fernwood Road addressed the Council. 3 of 7 October 23, 2001 Attorney Helfman addressed the Council and introduced Attorney John Shubin with Shubin and Bass, 46 S.W. First Street, Miami, who will represent the Administration and staff and will present their position in this case. The Mayor opened the public hearing. The following residents addressed the Council: Isabel Gambino, 676 Ridgewood Road; Jonathan Ullman, 544 Fernwood Road; Paul Mason, 1111 Crandon Boulevard; Anika Akerlun Tarajano, 200 Cypress Drive; Blanca Mesa, 544 Fernwood Road; Cecile Macia, 260 Cypress Drive; Conchita Suarez, 201 Crandon Boulevard; Camille Guething, 260 Seaview Drive; Vicky Simons, 269 Cranwood Drive; Richard Gregorie, Key Biscayne; James Taintor, 355 Harbor Drive; Kathy King, 745 Fernwood; Patricia Romano, 361 Ridgewood Road and Jim Haney, 472 Glenridge Road. The Mayor closed the public hearing. Councilmember Broucek made a motion to waive the zoning application fees paid by The Coalition. The motion was seconded by Councilmember Bass. Councilmember Broucek deferred her motion to a later time during the meeting. Attorney Shubin, representing the Administration and Staff addressed the Council, regarding the legal issues raised by this appeal. Attorney Shubin requested that the following documents be incorporated into the record: • Village of Key Biscayne Ordinance 2000-5 adopted on second reading on May 9, 2000. • Copy of the Recorded Deed, Folio Numbers 24-4232-001-0060 and 24-4232-001- 0061, recorded in the official records book of Miami -Dade County, Florida. • Future Land Use Map for the Village of Key Biscayne for the planning period 1994- 2004. • Chronology of Resolutions demonstrating Site Plan Review by Village Council. • Site Plan for the Village of Key Biscayne Administration and Police Building prepared by Spillis Candela DMJM, 800 Douglas Entrance, Coral Gables, Florida. • Site Plan for the Village of Key Biscayne Fire Rescue Department prepared by OBM Miami Inc., 2600 Douglas Road, Suite 510, Coral Gables, Florida. • Village of Key Biscayne Resolution 2001-36 adopted on May 8, 2001. • Letter from Carol Diaz -Castro to Director of Building, Zoning and Planning regarding public records requests, dated September 24, 2001. • Letter from Carol Diaz -Castro, 240 Hampton Lane, to Village Manager for public records request, dated June 19, 2001. • Letter from Kathleen King, Esq., 745 Fernwood Road, to Village Manager for public records request, dated May 29, 2001. • Village of Key Biscayne Building Permit Number B01-00740 for the Village of Key 4 of 7 October 23, 2001 • • Biscayne issued on June 13, 2001. Village of Key Biscayne Building Permit Number BO1-01097 for the Village of Key Biscayne issued on June 15, 2001. Village of Key Biscayne Planning and Zoning Application filed August 1, 2001 requesting an appeal of an administrative decision for 88 West McIntyre Street and 560 Crandon Boulevard. There was extensive discussion from Council regarding the appeal. Mayor Rasco made a motion to extend the meeting to 12 midnight. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. The Clerk read the following resolution by title: A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; PROVIDING GENERAL FINDINGS; PROVIDING FINDINGS OF FACT; PROVIDING CONCLUSIONS OF LAW DENYING THE APPEAL OF BUILDING PERMIT NOS. B01-01097 AND BO1- 00740. Councilmember Fein made a motion to approve the resolution. The motion was seconded by Councilmember Broucek and approved by a 4-2 roll call vote. The vote was as follows: Councilmembers Broucek, Fein, Oldakowski and Mayor Rasco voting Yes. Councilmembers Bass and Peters voting No. The motion to waive the zoning application fees, paid by The Coalition, was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. Councilmember Bass made a motion to postpone construction of the buildings for 28 days. The motion was seconded by Councilmember Broucek_and failed by a 3-3 voice vote. The vote was as follows: Councilmembers Bass, Broucek and Peters voting Yes. Councilmembers Fein, Oldakowski and Mayor Rasco voting No. 6. ORDINANCES: The Clerk read the following ordinance, on first reading, by title: AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE VILLAGE CODE BY AMENDING CHAPTER 25 "TAXATION" AT ARTICLE I "IN GENERAL," BY AMENDING THE DEFINITION OF "DEBT" IN SECTION 25-1 "DEFINITIONS" OF THE DEBT LIMIT ORDINANCE, SO AS TO INCLUDE CERTAIN ROLL-OVERS, RENEWALS OR EXTENSIONS OF FINANCIAL OBLIGATIONS OF THE 5 of 7 October 23, 2001 VILLAGE, WHICH INITIALLY REQUIRE REPAYMENT WITHIN ONE YEAR, AS CONSTITUTING DEBT WHICH IS SUBJECT TO THE RESTRICTIONS OF THE DEBT LIMIT ORDINANCE; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE. Councilmember Oldakowski made a motion to adopt the ordinance on first reading. The motion was seconded by Councilmember Fein. The Mayor opened the public hearing. Arturo Aballi, 91 Island Drive and Camille Guething, 260 Seaview Drive addressed the Council. The Mayor closed the public hearing. The ordinance was adopted on first reading by a 5-1 roll call vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski and Mayor Rasco voting Yes. Councilmember Peters voting No. The Clerk announced the second reading of this ordinance on November 13, 2001. Mayor Rasco made a motion to extend the meeting to 12:40 a.m. The motion was seconded by Councilmember Bass and approved by a 6-0 voice vote. The vote was as follows: Councilmembers Bass, Broucek, Fein, Oldakowski, Peters and Mayor Rasco voting Yes. At this time Item 8A1 was heard. Mr. Louis J. Fox, Regional Director, Executive Recruitment Services, DMG Maximus, addressed the Council regarding the process to select the new Village Manager. The process will take approximately 13 weeks at a cost of $17,500 plus $8,500 expenses. Mr. Colin Baenziger, Municipal Services Consultant with Rachlin Cohen & Holtz LLP, addressed the Council regarding the process to select the new Village Manager. The process will be performed at a cost of $18,500. Mr. James P. Ward, Vice President Operations, Moyer & Associates/Severn Trent, addressed the Council regarding the process to select the new Village Manager. The Manager also addressed the Council regarding the process for the selection of a new Manager. It was the consensus of Council to continue this meeting tomorrow, Wednesday, October 24, 2001 at 6:30 p.m. in the Council Chamber. 9. OTHER BUSINESS/GENERAL DISCUSSION: There was no further business discussed. 6 of 7 October 23, 2001 10. SCHEDULE OF FUTURE MEETINGS/EVENTS: A schedule of future meetings and events was presented to the Council. 11. ADJOURNMENT: The meeting was adjourned at 12:35 a.m. Re # eci, ully submitte i r,/4/61 oft: E ;; Conchita IL Alvarez, CMC Village Clerk Approved this 13th _..day of November , 20 Joe I. Rasco Mayor 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 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. 7 of 7