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Home My Public Portal About06-22-99 Zoning Meeting.tifMINUTES VILLAGE ZONING MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, JUNE 22, 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 9 11 p m Present were Councilmembers Scott Bass, Martha F Broucek, Alan H Fein, Mortimer Fried, Robert Oldakowski and Mayor Joe I Rasco Vice Mayor Gregory C Han was absent Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita H Alvarez and Village Attorneys Steve Helfman and Jeff Sheffel 2 AGENDA Mayor Rasco requested the removal of Items 3C and 3D from the consent agenda and to hear them after the zoning heanng 3 CONSENT AGENDA Councilmember Fried made a motion to approve the following consent agenda The motion was seconded by Councilmember Fein and approved by a 6-0 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fried, Oldakowski and Mayor Rasco voting Yes The minutes of the regular Council Meeting of June 8, 1999 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING SECOND AMENDMENT TO VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR FIRE STATION PROJECT, PROVIDING FOR AN EFFECTIVE DATE 4 BUILDING, ZONING AND PLANNING All witness giving testimony in the following zoning hearing were sworn in by the Clerk I of 7 June 22 1999 Heanng Number 99 -06 -22 -RV -02 Benjamine Zambrano, JR , 452 Fernwood Road, the applicant is requesting two regulatory vanances To waive 2 ft of the 75 ft required lot width in order to retain a lot that is 73 ft Wide and to waive 200 ft Of the required 7500 sq Ft of lot area in order to retain a lot with 7300 sq Ft Jud Kurlancheek, Director of Building, Zoning and Planning addressed the Council stating his recommendation of the vanances subject to the following stipulations 1 All future development of the site shall occur in a manner that is consistent with the Zoning and Land Development regulations that are in effect at the time the construction is contemplated As such, applications for future vanances are prohibited 2 The applicant shall record in the public records of Miami -Dade County a covenant running with land that includes the above stipulation The covenant must be approved by the Village Attorney pnor to recordation The Mayor opened the public hearing Michael Kahn, 881 Ocean Drive addressed the Council The Mayor closed the public heanng Councilmember Bass made a motion to approve the request with staff's recommendations The motion was seconded by Councilmember Fried and approved by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Oldakowski and Mayor Rasco voting Yes 5 RESOLUTIONS REMOVED FROM THE CONSENT AGENDA The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING AGREEMENT FOR SERVICES BETWEEN THE BUILDING CONSTRUCTION SECTION OF THE DEPARTMENT OF MANAGEMENT SERVICES OF THE STATE OF FLORIDA AND THE VILLAGE OF KEY BISCAYNE, FOR PROJECT MANAGEMENT SERVICES IN CONNECTION WITH THE PROPOSED VILLAGE COMMUNITY CENTER, FIRE STATION, POLICE STATION AND VILLAGE ADMINISTRATIVE OFFICES (THE "PROJECT"), PROVIDING FOR AN EFFECTIVE DATE Mayor Rasco made a motion to approve the resolution The motion was seconded by Councilmember Fein Mayor Rasco made an amending motion to delete Exhibits II and 111 from the agreement The motion was seconded by Councilmember Broucek The Attorney addressed the Council regarding this resolution 2of7 June 22 1999 There was extensive discussion from Council regarding this resolution Mayor Rasco made a motion to defer this resolution to the meeting of July 6, 1999 The motion was seconded by Councilmember Broucek and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, Fein, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Bass voting No The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING VILLAGE OF KEY BISCAYNE AGREEMENT FOR PROFESSIONAL ARCHITECTURAL SERVICES FOR COMMUNITY CENTER, PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Fein Councilmember Fein made a motion to defer this resolution The motion was seconded by Mayor Rasco and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, Fein, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Bass voting No 5 ORDINANCES The Clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE ISSUANCE OF NOT EXCEEDING $10,000,000 OF LAND ACQUISITION AND CAPITAL IMPROVEMENT REVENUE BONDS OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR A SUPPLEMENTAL RESOLUTION SETTING FORTH THE DETAILS OF SAID BONDS, AND PROVIDING AN EFFECTIVE DATE Councilmember Broucek made a motion to adopt the ordinance on second reading The motion was seconded by Councilmember Fein The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Percy R Aguila, Jr , Financial Advisor for the Village and Jeffrey D DeCarlo, Bond Counsel for the Village addressed the Council The ordinance was approved by a 6-0 roll call vote The vote was as follows Councilmembers Bass, Broucek, Fein, Fned, Oldakowski and Mayor Rasco voting Yes 3of7 June 22 1999 At this time a Special Council Meeting was set for July 30, 1999 at 8 00 a m to approve a supplemental resolution as required by this ordinance The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING," ARTICLE 1 "IN GENERAL," BY CHANGING THE NAME OF THE ARTICLE TO "TITLE, INTENT, PURPOSE, AND METHOD," AND ADDING PROVISIONS THAT PROVIDE A GENERAL OUTLINE OF THE LAND DEVELOPMENT REGULATIONS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Councilmember Oldakowski made a motion to adopt the ordinance on first reading, as recommended by the LPA The motion was seconded by Councilmember Fried The Mayor opened the public heanng on all ordinances There were no speakers present The Mayor closed the public hearing The ordinance was approved by a 5-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes Councilmember Broucek voting No The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, RENUMBERING ARTICLE II, "ADMINISTRATION OF THE ZONING ORDINANCE," OF CHAPTER 30, "ZONING," TO ARTICLE IV, CREATING A NEW ARTICLE II TO BE TITLED, "DEFINITIONS," RENUMBERING SECTION 30-51 "DEFINITIONS" TO SECTION 30- 12, PROVIDING ADDITIONAL DEFINED TERMS AND RULES OF CONSTRUCTION, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Rasco made a motion to adopt the ordinance on first reading, as recommended by the LPA The motion was seconded by Councilmember Fried and approved by a 5-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Broucek voting No The Clerk read the following ordinance, on first reading, by title 4of7 June 22 1999 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING," BY TRANSFERRING THE SECTIONS IN ARTICLE III, "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT," AND FORMER ARTICLE IV, "SPECIFIC ZONING REGULATIONS," INTO ARTICLE V, "BUSINESS USE REGULATIONS," BY RENAMING ARTICLE III FROM "SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" TO "GENERAL PROVISIONS," AND ARTICLE V FROM "BUSINESS USE REGULATIONS" TO "SCHEDULE OF DISTRICT, USE, AND SETBACK REGULATIONS," BY CREATING NEW GENERAL PROVISIONS IN ARTICLE III, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE Councilmember Fned made a motion to adopt the ordinance on first reading, as recommended by the LPA The motion was seconded by Councilmember Bass and approved by a 5-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski and Mayor Rasco voting Yes Councilmember Broucek voting No The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING ARTICLE IV, "ADMINISTRATION OF THE ZONING ORDINANCE," OF CHAPTER 30, "ZONING," TO ADD PROVISIONS RELATING TO APPEALS, PROCEDURES FOR ZONING CHANGES, CONDITIONAL USE APPROVALS AND BUILDING MORATORIA AND ZONING IN PROGRESS, PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Mayor Rasco made a motion to adopt the ordinance on first reading, as recommended by the LPA The motion was seconded by Councilmember Oldakowski and approved by a 5-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fried, Oldakowski and Mayor Rasco voting Yes Councilmember Broucek voting No The Clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CREATING ARTICLE 6 "CONCURRENCY MANAGEMENT REGULATIONS," OF CHAPTER 30, "ZONING", PROVIDING FOR SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE Councilmember Oldakowski made a motion to adopt the ordinance on first reading, as recommended by the LPA The motion was seconded by Mayor Rasco and approved by a 5-1 roll call vote The vote was as follows Councilmembers Bass, Fein, Fned, Oldakowski and Mayor Rasco voting Yes 5of7 June 22 1999 Councilmember Broucek voting No 6 RESOLUTIONS The Clerk read the following resolution by title A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, APPROVING THE PRELIMINARY STREETSCAPE IMPROVEMENT PLANS FOR THE AREA ALONG CRANDON BOULEVARD FROM THE NORTHERLY VILLAGE LIMITS TO JUST SOUTH OF HARBOR DRIVE AND ALONG HARBOR DRIVE FROM FERNWOOD DRIVE TO OCEAN LANE AND PROVIDING FOR AN EFFECTIVE DATE Councilmember Fried made a motion to approve the resolution The motion was seconded by Councilmember Fein Director Kurlancheek addressed the Council regarding this project Ramon Castello, with the firm Corzo, Carballo, Thompson and Salman P A addressed the Council showing the improvements Ed Meyer, 100 Sunrise Dnve, Chris Sager, 335 Harbor Drive addressed the Council Mayor Rasco made a motion to defer this resolution to the meeting of August 31, 1999 The motion was seconded by Councilmember Oldakowski and approved by a 5-1 voice vote The vote was as follows Councilmembers Bass, Broucek, Fein, Oldakowski and Mayor Rasco voting Yes Councilmember Fned voting No 7 REPORTS AND RECOMMENDATIONS There were no reports or recommendations submitted to the Council 8 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 9 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council 10 ADJOURNMENT The meeting was adjourned at 11 05 p m 6of7 June 22 1999 C} I Re ec ully submitted ,d4bir Conchita H Alvarez, CMC Village Clerk Approved this 20th day of July , 1999 Joe I Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCILT WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGSIS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED 7 of 7