HomeMy Public PortalAbout03-21-00 Zoning Meeting.tifMINUTES
ZONING MEETING
VILLAGE OF KEY BISCAYNE, FLORIDA
TUESDAY, MARCH 21, 2000
COUNCIL CHAMBER
85 WEST MCINTYRE STREET, SECOND FLOOR
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, Alan H Fein, Mortimer Fned,
Robert Oldakowski, Vice Mayor Martha F Broucek and Mayor Joe I Rasco Councilmember
Gregory C Han was absent Also present were Village Manager C Samuel Kissinger, Village Clerk
Conchita H Alvarez and Village Attorneys Steve Helfman and Jeffrey Sheffel
2 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance
3 SPECIAL PRESENTATIONS The Mayor addressed the Council and the public
presenting a short play by the Key Biscayne Music and Drama Club public regarding the U S
Census
4 AGENDA There were no agenda changes
5 CONSENT AGENDA The following consent agenda was approved by unanimous consent
The minutes of the March 14, 2000 Council Meeting
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March 21, 2000
6 ORDINANCES The Clerk read the following ordinance on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA ADOPTING LAND
DEVELOPMENT REGULATIONS FOR THE VILLAGE, RESCINDING ALL
ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH, PROVIDING
FOR INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Councilmember Fned made a motion to approve the ordinance on second reading The motion was
seconded by Vice Mayor Broucek
Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his
recommendation of approval of the ordinance
Councilmember Oldakowski made an amending motion to include in Sec 30-11 Definitions the
definition of Commercial vehicles The motion was seconded by Vice Mayor Broucek and approved
by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski,
Vice Mayor Broucek and Mayor Rasco voting Yes
Cocuncilmember Fein made a motion to amend Sec 30-63 Variances Procedures by changing
section (i) Time limit to 12 months for the initial term and the extension The motion was seconded
by Vice Mayor Broucek and approved by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Fned, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
The Attorney addressed the Council regarding this ordinance
Councilmember Fein made an amending motion to delete Sec 30-69 Ex-parte Communications
(a) Communications between Council and public Councilmember Fein withdrew his motion
Councilmember Bass made an amending motion to amend Sec 30-184 Amount of Required Off -
Street Parking (1) Apartment Building by changing the parking per unit for apartment building to
2 The motion was seconded by Mayor Rasco and failed by a 2-4 roll call vote The vote was as
follows Councilmember Bass and Mayor Rasco voting Yes Councilmembers Fein, Fned,
Oldakowski and Vice Mayor Broucek voting No
Councilmember Fried made an amending motion to amend Sec 30-113 Prohibited Uses (f) by
adding the words "Commercial Vehicles" and deleting "with signage" The motion was seconded
by Vice Mayor Broucek and approved by a 6-0 roll call vote The vote was as follows
Councilmembers Bass, Fein, Fried, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
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March 21, 2000
The Mayor opened the public hearing James Taintor, 355 Harbor Drive, Ellen Blasi, 240
Crandon Boulevard, Linda Mania, 121 Island Drive, John Shubin, Shubin and Bass, 46 S W
First Street, Miami, representing Fininvest Investment, Ltd and Tesaurus Holdings, Inc ,
Wayne Mania, 121 Island Drive, Judith Burke, Shutts and Bowen 201 South Biscayne
Boulevard, Miami, representing Mr Roberto Cambo, Carter McDowell, Bilzin Sumber
Dunn Price & Axelrod, 2500 South Biscayne Boulevard addressed the Council The Mayor
closed the public hearing
There was extensive discussion from Council regarding this ordinance
Councilmember Bass made a motion to require the following on commercial properties abutting
residential 1) Require a 10 ft wall including heavy landscaping, 2) hours of operation from 8 30
a m to 6 30 p m Monday through Saturday and 8 30 to 12 30 on Sunday, 3) the number of
individual stores in the building is limited to three or less and 4) that the following uses be allowed
provided there is a 10 ft wall with landscaping bike store, video store, comic book store, Internet
store, any store that sells or rents CD's or recorded music and any store that sells or rents motorized
products The motion was seconded by Mayor Rasco and failed by a 3-3 roll call vote The vote was
as follows Councilmember Bass, Oldakowski and Mayor Rasco voting Yes Councilmembers Fein,
Fried and Vice Mayor Broucek voting No
Councilmember Fein made a motion to table the ordinance to the meeting of April 25, 2000 The
motion was seconded by Mayor Rasco and approved by a 5-1 roll call vote The vote was as follows
Councilmembers Bass, Fein, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes
Councilmember Fried voting No
At this time Mayor Rasco excused himself from the meeting
The Clerk read the following ordinance, on second reading, by title
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, ADOPTING THE
ZONING MAP AS REQUIRED BY THE LAND DEVELOPMENT REGULATIONS,
PROVIDING FOR REZONING OF ALL PROPERTY IN THE VILLAGE OF KEY
BISCAYNE IN CONFORMANCE WITH THE ZONING DESIGNATIONS CONTAINED
ON THE ZONING MAP, PROVIDING FOR INCLUSION IN THE CODE AND AN
EFFECTIVE DATE
Councilmember Fried made a motion to approve the ordinance on second reading The motion was
seconded by Councilmember Fein
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March 21 2000
Councilmember Bass made a motion to table the ordinance to the meeting of April 25, 2000 The
motion was seconded by Councilmember Fein and approved by a 4-1 roll call vote The vote was
as follows Councilmembers Bass Fein, Oldakowski and Vice Mayor Broucek voting Yes
Councilmember Fried voting No
7 RESOLUTIONS There were no resolutions considered by Council
8 REPORTS AND RECOMMENDATIONS There were no reports or recommendations
9 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed
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 9 30 p m
Res s ' ully submitted
G
Conchita H Alvarez, CMC
Village Clerk
Approved this Il th day of April , 2000
c --( .14---5c.'
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
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