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HomeMy Public PortalAbout07-06-99 Regular Council Meeting.tifMINUTES VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JULY 6, 1999 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 (arnved at 7 10 p m ), Martha F Broucek, Alan H Fein, Mortimer Fried, Robert Oldakowski, Vice Mayor Gregory C Han and Mayor Joe I Rasco Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorneys Steve Helfman and Jeff Sheffel 2 INVOCATION Dr Carroll Shuster, Key Biscayne Community Church gave an invocation 3 PLEDGE OF ALLEGIANCE Mayor Rasco led the Pledge of Allegiance 4 SPECIAL PRESENTATIONS There were no special presentations 5 PUBLIC COMMENTS The following residents addressed the Council Vera Skuhersky, 205 West Enid Drive, Manuel Arias, 217 East Enid Drive, Linda Marks, 129 East Enid Drive, Marcelo Radice, 255 East Enid Drive 6 AGENDA Councilmember Broucek requested to hear Item 10A together with Item 11A7, Councilmember Rasco requested the removal of Item 7G from the consent agenda There were no objections to the agenda changes Mayor Rasco made a motion to hear the consent agenda after the zoning hearing The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco I of 4 July 6 1999 7 BUILDING, ZONING AND PLANNING All witness giving testimony in the following zoning hearing were sworn in by the Clerk Hearing Number 99 -03 -30 -SP -01 Fininvest Investments, Lmt , 200 Crandon Boulevard (which faces Fernwood Road), the applicant, is requesting approval of a site plan for a residential development that faces Femwood Road The residential development is part of a mixed use project that was approved by Council on February 24, 1998 The Attorney addressed the Council regarding this hearing Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation for approval subject to the following conditions 1) The setback from the building to the dividing wall shall be increased from 5 ft To 7 5 with no two adjacent walls of buildings being separated by less than 15 ft 2) The fence on top of the CBS wall between each of the buildings shall be removed The CBS wall shall be limited in height to six ft Above the ground 3) Staff shall approve all outdoor lighting fixtures prior to the issuance of a building permit 4) No equipment shall be mounted on any roof that can be seen from Fernwood Road 5) All metal picket fencing and paint shall use anti -graffiti applications 6) Submission of landscape plan and approval by staff prior to issuance of a building permit The landscape plan should address the issues raised in the staff analysis in cnteria 3 above 7) Compliance with the Fire Department's list of conditions as set forth in memorandum dated May 6, 1999 (attached for the record) 8) The pedestrian sidewalk, from Fernwood Road to the rear of the Pankey Building, should be extended along the entrance drive to the front of the project at Crandon Boulevard 9) Each building contains one single family unit No unit may be subdivided 10) The applicant shall record a covenant running with the land that includes the above conditions prior to the issuance of a building permit The covenant shall be approved by the Village Attorney prior to recordation The Mayor opened the public hearing Joseph Goldstein, 1221 Brickell Avenue, Miami, representing the applicant, John Fullerton, Fullerton Diaz Architects, 366 Altara Avenue, Coral Gables, Cnstina Arias, 100 Hampton Lane, Jacqueline de Leon, 650 Ocean Dnve, Earl G Gallop, Esq , 3225 Aviation Avenue, #306, Coconut Grove, J Frederic Blitstein, 1121 Crandon Boulevard, Steven Lefton, 920 Lincoln Road, Miami Beach, Mark E Fried, 360 Glenndge Road, Fred Schwartz, 4431 Embarcadero Drive, Richard Hodges, 255 Glenndge Road, Luis Arias, MD, 100 Hampton Lane, Basha Kicks, 1121 Crandon Boulevard, Larry Radzville, 77 Crandon Boulevard, James Pilafian, 180 Crandon Boulevard, Michael Kahn, 881 Ocean Drive, Joanna Wragg, 365 Redwood Lane, Ana Soler, 120 Buttonwood, James Peters, 561 Allendale Road, Robert Feinschreiber, 1121 Crandon Boulevard, Michele Padovan, 425 Grapetree Drive, Nancy Doke Harrison, 200 West Mashta Drive, Ed Stone, 140 Hampton Lane, Conchita Suarez, 201 Crandon Boulevard, Jim Taintor, 355 Harbor Drive addressed the Council Anne Rothe, introduced a petition against the project with 22 signatures The Mayor closed the public hearing 2 of July 6 1999 The Attorney addressed the Council stating that the former Village Council, on February 24, 1998, found that the project was consistent with the Master Plan There was extensive discussion from Council regarding this request Vice Mayor Han made a motion to approve the request with staff's recommendations 2 thru 10 with the exception of recommendation 1 The motion was seconded by Councilmember Fried Vice Mayor Han made an amending motion to approve the request as presented with staff's recommendations The motion was seconded by Councilmember Fned and approved by a 5-2 roll call vote The vote was as follows Councilmembers Fein, Fried, Oldakowski, Vice Mayor Han and Mayor Rasco voting Yes Councilmember Bass and Broucek voting No Vice Mayor Han made a motion to extend the meeting to 11 15 p m The motion was seconded by Councilmember Fried and failed by a 4-3 voice vote The vote was as follows Councilmembers Fein, Fried, Vice Mayor Han and Mayor Rasco voting Yes Councilmembers Bass, Broucek and Oldakowski voting No The main motion as amended failed by a 3-4 roll call vote The vote was as follows Councilmembers Fein, Fried and Vice Mayor Han voting Yes Councilmembers Bass, Broucek, Oldakowski and Mayor Rasco voting no Councilmember Fein made a motion to defer this hearing to the meeting of August 31, 1999 The motion was seconded by Councilmember Bass and approved by a 5-2 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski and Vice Mayor Han voting Yes Councilmember Fried and Mayor Rasco voting No 8 ORDINANCES There were no ordinances considered by Council 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 05 p m 3 of July 6 1999 f (lY subsub7ittet/ vi 7 hA (AVA, Conchita H Alvarez, CMC Village Clerk Approved this 20th day of July , 19 Joe I Rasco Mayor 1 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 4 of 4