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
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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
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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
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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
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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
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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
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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,
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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
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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
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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
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