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HomeMy Public PortalAbout08-09-00 Zoning Meeting.tifMINUTES ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, AUGUST 29, 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 (arrived 7 10 p m ), Mortimer Fned, Alan H Fein, Gregory C Han, Robert Oldakowski, Vice Mayor Martha F Broucek and Mayor Joe I Rasco Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorney Richard J Weiss 2 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 3 AGENDA Councilmember Oldakowski requested the addition of a report by Mayor Rasco regarding sewers There was no objection to the agenda change 4 CONSENT AGENDA The following consent agenda was approved by unanimous consent The minutes of the July 24, 2000 Special Council Meeting A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE FIRST SERVE AT THE ERICSSON TO CONDUCT A CHARITY PROGRAM WHICH SHALL BENEFIT THE COMMUNITY PARTNERSHIP FOR THE HOMELESS AND THE ASHE-BUCHHOLZ TENNIS CENTER AT MOORE PARK, PROVIDING FOR AN EFFECTIVE DATE 1 of 10 August 29, 2000 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN URBAN AND COMMUNITY FORESTRY GRANT MEMORANDUM OF AGREEMENT AND MAINTENANCE MEMORANDUM OF AGREEMENT WITH THE STATE OF FLORIDA, DEPARTMENT OF AGRICULTURE AND CONSUMER SERVICES, DIVISION OF FORESTRY, IN CONNECTION WITH AN URBAN AND COMMUNITY FORESTRY GRANT APPLICATION A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO APPROVE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE WITH RACHLIN, COHEN & HOLTZ, LLP FOR AUDITING SERVICES, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, EXPRESSING SUPPORT FOR EVERGLADES RESTORATION, PROVIDING FOR AN EFFECTIVE DATE A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED INTERLOCAL AGREEMENT BETWEEN THE VILLAGE OF KEY BISCAYNE AND MIAMI-DADE COUNTY FOR PROFESSIONAL SERVICES ASSOCIATED WITH THE FIVE YEAR NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MS4 PERMIT, PROVIDING FOR AN EFFECTIVE DATE 5 BUILDING, ZONING AND PLANNING All witnesses giving testimony in the following zoning hearings were sworn in by the Village Clerk The following two hearings were heard simultaneously Hearing Number 00-09-29 SP -01 Tesaurus Holdings, Inc and Fininvest Investments, a Florida Limited Partnership, 200-240 Crandon Boulevard, the applicant, is requesting approval of a site plan for the construction of a shopping center and renovation/expansion of an existing office building including the construction of a second office building Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending approval of the variances subject to the following conditions 1) A unity of title shall be recorded in the public records prior to the issuance of a building permit, 2) The applicant shall construct the following improvements in the public right of ways listed below based on Village specifications a) Crandon Boulevard 10 ft wide (minimum) decorative sidewalk, lighting, irrigation, street trees, bus shelter, and related improvements and b ) Fernwood Road traffic calming speed table These improvements shall be constructed prior to the issuance of any Certificate of Occupancy and 2 of 10 August 29, 2000 included in the plans for a building permit No building permit shall be issued until the Village and other regulatory agencies approve the plans, 3) The sale of alcoholic beverages after 8 00 pm shall only occur if it is part of a meal, 4) Outdoor music is limited to the use of non -amplified instruments and equipment Outdoor music is prohibited after 10 00 p m from Sunday through Thursday and 12 00 a m on Friday and Saturday If amplified music occurs in a restaurant, then a vestibule is required Further, the Village may require other sound insulation to insure that the music is contained within the building, 5) That the Building, Zoning, and Planning Director is authorized to approve minor modifications to the plans when it is determined by the Director that such modifications are in substantial conformance with the plans as approved by Council, 6) A detailed landscape plan shall be submitted with the building permit application A building permit shall not be issued until the Building, Zoning, and Planning Department approves the landscape plan A Certificate of Occupancy shall not be issued until the landscaping has been installed and approved by the Department, 7) A sign permit shall not be issued until the Building, Zoning, and Planning Department approves a signage program for the entire project The signage program shall not include monument signs, 8) Use of the access drive on Fernwood Road is limited to emergency vehicles A barncade, gate, or other similar device shall be constructed and locked at all times during the day and evening The Village's Fire and Police Departments shall be provided with a key to operate the barncade and 9) Compliance with the Fire Department conditions as set forth in their August 18, 2000 memorandum to the Building, Zoning and Planning Department Hearing Number 00 -09 -29 -RV -04 Tesaurus Holdings, Inc and Fininvest Investments, a Florida Limited Partnership, 200-240 Crandon Boulevard, the applicant, is requesting four regulatory variances relating to the construction of a shopping center and renovation/expansion of an existing office building including the construction of a second office building The variances are 1 ) Exceed the maximum permitted floor area ratio of 50 (70,197 total sq ft ) by 12 (17,176 sq ft ) for a total floor area ratio of 62 (87,323 sq ft ), 2) Waive 20 ft of the required 20 ft North sideyard setback in order to place a building on the property line, 3) Waive 10 ft of the required 20 ft East front yard setback in order to place a decorative architectural wall and trellis 10 ft from the front property line, 4) Exceed the maximum permitted lot coverage of 40% (56,158 total sq ft) by 18% (25,817 sq ft ) for a total lot coverage of 58% (81,975 sq ft ) Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council recommending approval of the variances subject to the following conditions 1) A unity of title shall be recorded in the public records prior to the issuance of a building permit, 2) The applicant shall construct the following improvements in the public right of ways listed below based on Village specifications a) Crandon Boulevard 10 ft wide (minimum) decorative sidewalk, lighting, irngation, street trees, bus shelter, and related improvements and b ) Fernwood Road traffic calming speed table These improvements shall be constructed prior to the issuance of any Certificate of Occupancy and included in the plans for a building permit No building permit shall be issued until the Village and other regulatory agencies approve the plans, 3) The sale of alcoholic beverages after 8 00 pm shall only occur if it is part of a meal, 4) Outdoor music is limited to the use of non -amplified 3of10 August 29 2000 instruments and equipment Outdoor music is prohibited after 10 00 p m from Sunday through Thursday and 1200 a m on Friday and Saturday If amplified music occurs in a restaurant, then a vestibule is required Further, the Village may require other sound insulation to insure that the music is contained within the building, 5) That the Building, Zoning, and Planning Director is authorized to approve minor modifications to the plans when it is determined by the Director that such modifications are in substantial conformance with the plans as approved by Council, 6) A detailed landscape plan shall be submitted with the building permit application A building permit shall not be issued until the Building, Zoning, and Planning Department approves the landscape plan A Certificate of Occupancy shall not be issued until the landscaping has been installed and approved by the Department, 7) A sign permit shall not be issued until the Building, Zoning, and Planning Department approves a signage program for the entire project The signage program shall not include monument signs, 8) Use of the access drive on Fernwood Road is limited to emergency vehicles A barricade, gate, or other similar device shall be constructed and locked at all times during the day and evening The Village's Fire and Police Departments shall be provided with a key to operate the barricade and 9) Compliance with the Fire Department conditions as set forth in their August 18, 2000 memorandum to the Building, Zoning and Planning Department Alan Knscher with Greenberg & Traung, attorney representing the applicant, Willie Borroto, architect for the project and Ronald Oprzadek, landscape architect, addressed the Council regarding this project The Mayor opened the public hearing James Pilafian, 798 Crandon Boulevard, Conchita Suarez, 201 Crandon Boulevard, Ed Meyer, 100 Sunrise Drive, Ilene Theodore, 151 Crandon Boulevard, Haydee Archibald, 881 Ocean Drive, Antonio Camejo, 151 Crandon Boulevard, Mark Fried, 360 Glenndge Road, Ellen Blasi, Fininvest Investments addressed the Council The Mayor closed the public hearing The Attorney addressed the Council regarding these hearings Councilmember Bass made a motion to continue these hearings at a future date The motion died for lack of a second There was extensive discussion from Council regarding these hearings Councilmember Fein made a motion to approve the site plan with staff's recommendations The motion was seconded by Vice Mayor Broucek Councilmember Han made an amending motion to the site plan to include a paved pedestrian walkway from Fernwood Road The motion was seconded by Councilmember Fein and approved by a 7-0 roll call vote The vote was as follows Councilmembers Bass, Fein, Fned, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes 4of10 August 29, 2000 The site plan as amended was approved by a 6-1 roll call vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No Councilmember Fein made a motion to approve the variances' request with staff's recommendations including a paved pedestrian walkway from Fernwood Road The motion was seconded by Vice Mayor Broucek and approved by a 6-1 roll call vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Bass voting No Councilmember Bass excused himself at 8 55 p m from the meeting At this time the Council took a five minute recess The Attorney addressed the Council acknowledging the exceptional work done by Attorney Ed Guedes from Weiss Serota Helfman Pastoriza and Guedes regarding the Fininvest Case Hearing Number 00 -08 -29 -CU -01 Metncom, 151 Crandon Boulevard (Key Colony III), the applicant is requesting a conditional use to permit the installation of monopole antennas (4) on each side of the building The antennas are necessary for wireless communication devices Director Kurlancheek addressed the Council recommending approval of the conditional use subject to the antennas 1) Having the same color as the buildings and 2) Being flush mounted with no portion above the parapet Sheryl Zvi, 425 Aurora Street, representing the applicant and Key Colony addressed the Council stating Metricom's agrees with the staff report and the recommendations The Mayor opened the public hearing Michele Padovan, 425 Grapetree Drive addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to approve the request with staff's recommendations The motion was seconded by Councilmember Han and approved by a 6-0 roll call vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes 6 ORDINANCES The Clerk read the following ordinance, on first reading by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ORDINANCE NO 97-21 WHICH PROVIDED FOR THE ADOPTION OF THE POLICE OFFICERS AND FIREFIGHTER'S RETIREMENT PLAN FOR THE VILLAGE OF KEY BISCAYNE, PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE 5of10 August 29 2000 CODE, PROVIDING FOR AN EF'FECTIVE DATE Councilmember Fried made a motion to approve the ordinance on first reading The motion was seconded by Councilmember Oldakowski The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing The Attorney addressed the Council regarding this ordinance The ordinance was approved on first reading by a 5-0 roll call vote The vote was as follows Councilmembers Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Fein was out of the room at the time the vote was taken The Clerk announced the second reading of the ordinance for October 10, 2000 The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE II "DEFINITIONS" AND ARTICLE V, "SCHEDULE OF DISTRICT, USE, AND DEVELOPMENT REGULATIONS," OF CHAPTER 30 "ZONING," AND PROVIDING FOR AN EFFECTIVE DATE Councilmember Han made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Oldakowski Director Kurlancheek addressed the Council recommending the adoption of this ordinance Willie Borroto, architect, also addressed the Council regarding this ordinance The Mayor opened the public heanng Richard Gregone, James Peters, 561 Allendale Road, James Taintor, 355 Harbor Drive, John Festa, 365 Harbor Lane, Adnana Guillen-Tijenno, 573 Satinwood Drive, Deborah de Leon, 100 Buttonwood Drive, Henny Groscher-Becker addressed the Council The Mayor closed the public hearing Councilmember Fried made a motion to defer the adoption of the ordinance to October 10, 2000 The motion was seconded by Vice Mayor Broucek and approved by a 6-0 roll call vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski Vice Mayor Broucek and Mayor Rasco voting Yes Paul Auchter, Chairman of the ZORC Committee addressed the Council 6 of 10 August 29 2000 7 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE CONTRACTS WITH ARCHITECTURAL LANDSCAPE LIGHTING ANI) SOUTH FLORIDA COASTAL ELECTRIC, INC FOR THE PURCHASE OF LUMINARIES AND LAMPS AND FOR THE INSTALLATION AT VARIOUS LOCATIONS THROUGHOUT THE VILLAGE, AUTHORIZE THE VILLAGE MANAGER TO ACCEPT CORRECTIVE OFFER FROM ARCHITECTURAL LANDSCAPE LIGHTING, AND AUTHORIZE THE VILLAGE MANAGER TO PURCHASE ADDITIONAL LUMINARIES FROM ARCHITECTURAL LANDSCAPE LIGHTING OVER THE NEXT TWO (2) YEARS, AUTHORIZE BIDDING FOR FURTHER INSTALLATIONS, PROVIDING FOR AN EFFECTIVE DATE The Manager addressed the Council regarding this resolution Councilmember Fned made a motion to approve the resolution The motion was seconded by Vice Mayor Broucek and approved by a 5-0 voice vote The vote was as follows Councilmembers Fein, Fned, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Oldakowski was out of the room at the time the vote was taken The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE THE ATTACHED AGREEMENT ON BEHALF OF THE VILLAGE, WITH DAIN RAUSCHER, INC , PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Councilmember Fein and approved by a 5-0 voice vote The vote was as follows Councilmembers Fein, Fned, Han, Oldakowski and Mayor Rasco voting Yes Vice Mayor Broucek was out of the room at the time the vote was taken The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN INSURANCE AGREEMENT WITH RISK MANAGEMENT ASSOCIATES FOR WORKERS COMPENSATION, PROPERTY, AUTO AND GENERAL LIABILITY COVERAGES, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fned made a motion to approve the resolution The motion was seconded by Mayor Rasco and approved by a 5-0 voice vote The vote was as follows Councilmembers Fein, Fned, 7 of 10 August 29 2000 Han, Oldakowski and Mayor Rasco voting Yes Vice Mayor Broucek was out of the room at the time the vote was taken 8 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers Mayor Rasco made a motion to reappoint Rosemary Sala, Dennis O'Hara and to appoint Raul Llorente as Special Masters The motion was seconded by Councilmember Oldakowski and approved by a 4-1 voice vote The vote was as follows Councilmembers Fein, Fried, Oldakowski and Mayor Rasco voting Yes Councilmember Han voting No Vice Mayor Broucek was out of the room at the time the vote was taken Councilmember Oldakowski made a motion to reconsider Phase II of the Village Beach Park by eliminating the tower The motion was seconded by Mayor Rasco The Attorney addressed the Council regarding this motion Tucker Gibbs, attorney for the Sands Condominium, Bill Cole, President of the Beach Club and Adnana Guillen, 573 Satinwood Drive addressed the Council regarding Phase II of the Village Beach Park Councilmember Oldakowski's motion failed by a 2-4 roll call vote The vote was as follows Councilmember Oldakowski and Mayor Rasco voting Yes Councilmembers Fein, Fned, Han and Vice Mayor Broucek voting No Councilmember Fein addressed the Council regarding the City of South Miami's ordinance on gun safety locks The Attorney and Michael J Flaherty, Chief of Police addressed the Council regarding this ordinance It was the consensus of Council to instruct staff to prepare a resolution supporting the City of South Miami's gun safety policy Councilmember Fried addressed the Council making a motion to retain an appraiser to determine the value for the property at 530 Crandon Boulevard The motion was seconded by Councilmember Fein and approved by a 5-1 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Councilmember Oldakowski voting No At this time Vice Mayor Broucek made a motion to extend the meeting until 11 10 p m The motion was seconded by Councilmember Oldakowski and approved by a 6-0 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Vice Mayor Broucek and Mayor Rasco voting Yes Mayor Rasco addressed the Council giving a brief report regarding the sewer issue 8of10 August 29 2000 Village Attorney The Attorney addressed the Council regarding the property at 560 Crandon Boulevard requesting an additional extension Vice Mayor Broucek made a motion to authorize the Village Manager and Village Attorney to extend the closing date up to 14 days The motion was seconded by Councilmember Han and approved by a 6-0 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes Village Clerk The Clerk addressed the Council and the public informing them that the following candidates had qualified for the Municipal Election to be held on November 7, 2000 The Honorables Joe I Rasco and Michele Padovan for the Office of Mayor The Honorables Martha F Broucek, Mortimer Fried and Gregory C Han and Mr Enrique Garcia, Ms Adriana Guillen, Mr Ed Meyer and Mr James L Peters for the Office of Councilmember There will only be a primary election for the Office of Councilmember which will be held on October 3 The General Election will be held on November 7, 2000 The Office of the Mayor issued the following proclamation during the month of August proclaiming October 28, 2000 as "Make a Difference Day in Key Biscayne" Village Manager The Manager presented to the Council the bid results for the gazebo Vice Mayor Broucek made a motion to award the contract to Merkury Development The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes The Manager presented to the Council the Court's decision regarding the Fininvest court case The Manager addressed the Council giving an updated report regarding the Civic Center and the Vista Parks The Manager addressed the Council regarding the September 5, 2000 Council Meeting Councilmember Fein made a motion to cancel the September 5, 2000 Council Meeting The motion was seconded by Councilmember Fried and approved by a 6-0 voice vote The vote was as follows Councilmembers Fein, Fried, Han, Oldakowski, Han, Vice Mayor Broucek and Mayor Rasco voting Yes 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 11 10 p m 9of10 August 29 2000 Res pic fully submitted Conchita H Alvarez, CMC Village Clerk Joe I Rasco Mayor Approved this12.th day of September , 2000 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 10 of 10