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Home My Public Portal About02-24-98 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, FEBRUARY 24, 1998 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 Martha Broucek, Gregory Han, Hugh O'Reilly (arrived 7 25 p m ), Michele Padovan, Betty Sime, Vice Mayor Mortimer Fried and Mayor John Festa Also present were Village Manager C Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Steve Helfman 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES The minutes of the Special Council Meeting of January 27, 1998, the minutes of the continuation of the Special Council Meeting of January 29, 1998 (continuation of Special Council Meeting of January 27, 1998), the minutes of the Town Meeting of January 29, 1998, the minutes of the Special Council Meeting of February 5, 1998 and the minutes of the Sanitary Sewer Workshop of February 5, 1998 were approved by unanimous consent 4 AGENDA Mayor Festa requested that Item 6D be heard as soon as the applicants arrive, the Clerk requested the addition of an ordinance on first reading regarding stormwater sewer anticipation notes There were no objections to the agenda changes 5 SPECIAL PRESENTATIONS There were no special presentations 6 BUILDING, PLANNING AND ZONING All witness giving testimony in the following zoning hearings were sworn in by the Clerk Hearing Number 98 -0127 -VC -03 (Re -scheduled from the Hearing on January 27, 1998) Director of Building, Zoning and Planning John Little addressed the Council recommending that this application be deferred due to the fact that the applicant, Cafe Baicelona II, has not submitted the required documents to the department 1of8 February 24 1998 Mayor Festa made a motion to continue this hearing at the meeting of March 31, 1998 Councilmember Sime seconded the motion and it was approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Heanng Number 98 -0127 -VC -04 (Re -scheduled from the Hearing on January 27, 1998) Tesaurus Holdings, Inc Fininvest Investment, Limited, 200-240 Crandon Boulevard, the applicants, are requesting an approval of the following 1) A non-use variance of zoning regulations to permit residential use in separate buildings in the BU -1 district, 2) A non-use variance of zoning regulations to permit 55 1% ** (50% permitted) of the floor area of a project in the BU -1 district to contain residential use, 3 ) A non-use variance of the height requirement to permit four (4) levels (and attic) with a height of thirty-five (35) feet to cave line and forty-six (46) feet to the highest point (ridge line) above the base flood elevation (two stones and 35 feet permitted), 4 ) A non-use variance of the floor area ratio to permit a floor area ration of 0 936 (max 0 62 permitted), 5 ) A non-use variance of the lot coverage requirement to permit a lot coverage of 52 6% (max 40% permitted), 6) A non-use variance of setback requirements to permit a 15 foot front setback from Crandon Boulevard (min 20 feet required) and a 10 foot rear setback from Fernwood Road (min 20 feet required), 7) A non-use variance of Section 33-245 of the Code to waive the requirement that a 5 foot high masonry wall be placed on the common property line separating residential and business zoning districts, 8 ) An unusual use for entrance features, 9) Special exception to permit site plan approval for a mixed use (residential, commercial, office) development ** Based on the office and the mixed -use building being considered as one building due to the link of the parking garage The Attorney addressed the Council regarding this hearing Director Little addressed the Council stating his recommendation of approval subject to the following conditions Fernwood Residential Development 1) Village Council's approval required for the site plan review of the residential development along Fernwood Road, 2 ) That the applicants ensure that residential buildings meet the proposed Parkside Transitional Residential Code Residential Apartments 1) That a required covenant be placed to ensure the future compliance of approved density, in other words, no physical design be allowed for secondary rental purpose General 1) That the owner of the property coordinate with the Village of Key Biscayne and Dade County Public Works Department for sidewalk improvements along Crandon Boulevard, 2 ) That all the applicable impact fee requirements be met by the applicants, 3 ) That no Certificate of Occupancy be issued for the commercial components until residential component is completed, 4 ) That the Dade County waste management requirements be met for garbage pickups 5 ) That the applicants meet with the traffic counts and signalization as well as level of service requirements by Dade County and Key Biscayne Master Plan That any physical improvements to signalization of roadway be absorbed by the applicants 2 of February 24 1998 Village Planner, Raul Lastra also addressed the Council regarding the Master Plan issue The Mayor opened the public hearing Joseph Goldstein, 1221 Brickell Avenue, Miami, representing the applicant, Alicia Koenig, Fimnvest, Sean Fisher, representing Key Colony II, Conchita Suarez, 201 Crandon Boulevard, Heidi Archibald, 881 Ocean Drive, Ramon Blanco Herrera, 310 Fernwood Road, Mark Fried, 360 Glenndge Road, Ervin Adler, 201 Crandon Boulevard, Carol Mullen O'Leary, 444 Fernwood Road, Jorge de La Llama, Architect, Luis Arias, 100 Hampton Lane, Fritz Scharenberg, the applicant addressed the Council The Mayor closed the public hearing There was extensive discussion from Council on this issue The applicant agreed to place traffic calming devices on Fernwood Road according to staff's recommendations The applicant will be required to contribute land, within the Village, to meet local concurrency requirements of 285 acres or equivalent value of the land Councilmember Broucek made a motion to approve the application as presented since it is consistent with the Comprehensive Master Plan, specifically with use, height and lot coverage The motion was seconded by Councilmember O'Reilly and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No Councilmember O'Reilly made a motion to approve the request according to staff's recommendation The motion was seconded by Councilmember Broucek and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No Hearing Number 98 -0224 -VC -02 The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicants, are requesting a final site plan approval of the Ocean Towers One and Two and other improvements to the previously approved site plan entitled "The Ocean Club, Master Plan", prepared by Bradshaw, Gill and Associates dated July 27, 1995 (Resolution number Z-10- 95) Councilmember Padovan made a motion to table Hearing Number 98 -0224 -VC -02 The motion was seconded by Mayor Festa and approved by a 5-2 voice vote The vote was as follows Councilmembers 0 Reilly, Padovan Sime Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Broucek and Han voting No 3of8 February 24 1998 Hearing Number 98 -0224 -VC -01 Antonio E and Maria Rabassa, 300 Cypress Drive, the applicants, pursuant to Section 33-53 1 of the Key Biscayne Code, are requesting an approval of a non-use variance of seven -and -a -half -foot (7 5') mtenor side setback requirement to allow six -point seven -two -foot (6 72') interior side setback from the proposed one-story addition to the northerly property line of the subject property Director Little addressed the Council stating his recommendation of denial without prejudice The Mayor opened the public hearing Deborah de Leon, 100 Buttonwood, representing the applicant, Jacqueline Rose, 2000 South Bayshore Dnve, Miami addressed the Council The Mayor closed the public hearing Councilmember Padovan made a motion to grant the variance The motion was seconded by Councilmember Han and approved by a 6-1 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime and Mayor Festa voting Yes Vice Mayor Fried voting No Mayor Festa made a motion to remove from the table Hearing Number 98 -0224 -VC -02 The motion was seconded by Councilmember O'Reilly and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Heanng Number 98 -0224 -VC -02 The Key Biscayne Ocean Club Limited Partnership, 755 Crandon Boulevard, the applicants, are requesting a final site plan approval of the Ocean Towers One and Two and other improvements to the previously approved site plan entitled "The Ocean Club, Master Plan", prepared by Bradshaw, Gill and Associates, dated July 27, 1995 (Resolution number Z-10- 95) The Attorney addressed the Council regarding this request recommending deferral of the detailed site plan approval of Ocean Tower One to a next Council meeting Director Little addressed the Council stating his recommendation of approval The Mayor opened the public hearing Carter McDowell, representing the applicant, John Hinson, 755 Crandon Boulevard, the applicant, Tucker Gibbs, 2665 S Bayshore Drive, Suite 603, representing Casa del Mar Garver Wilson, 609 Ocean Drive, John Thompson, Casa del Mar, addressed the Council The Mayor closed the public hearing Councilmember Han made a motion to defer the detailed site plan approval of Ocean Tower One The motion was seconded by Councilmember Padovan 4 of 8 February 24 1998 Councilmember O'Reilly made an amending motion to defer the detailed site plan approval of Ocean Tower One to the meeting of March 10, 1998 at 6 00 p m The motion was seconded by Councilmember Fried and approved by a 5-1 voice vote The vote was as follows Councilmembers Broucek, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Han voting No Councilmember Sime abstained due to a conflict of interest The motion to defer the detailed site plan approval of Ocean Tower One as amended was approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime abstained due to a conflict of interest At this time the Council took a 5 minute recess Councilmember Broucek made a motion to extend the meeting The motion was seconded by Mayor Festa and approved by a 6-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Mayor Festa made a motion to approve the request for detailed site plans for Ocean Tower Two and the Club Building The motion was seconded by Councilmember O'Reilly and approved by a 6-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Sime abstained due to a conflict of interest Mayor Festa made a motion to extend the meeting to 11 30 p m The motion was seconded by Councilmember Han and approved by a 5-2 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Vice Mayor Fried and Mayor Festa voting Yes Councilmembers Padovan and Sime voting No At this time the Clerk read into the record, the results of the Sanitary Sewer Referendum 372 votes were casted out of 706 eligible property owners 173 voted Yes 199 voted No, 327 property owners did not respond Hearing Number 98 -0224 -VC -03 Omnipoint Communications, Inc , pursuant to Section 33-13 of the Metro -Dade County Zoning Code, the applicant is requesting an approval of an unusual use to place an unmanned telecommunication facility on the rooftop of Key Colony Condominium III located at 151 Crandon Boulevard Director Little addressed the Council stating his recommendation of approval 5 of 8 February 24 1998 The Mayor opened the public hearing Andy Zipmann, representing the applicant addressed the Council The Mayor closed the public hearing Vice Mayor Fried made a motion to approve the request The motion was seconded by Councilmember Padovan and approved by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes At this time Councilmember Sime made a motion to hear the sanitary sewer issue The motion was seconded by Councilmember Padovan and approved by a 6-1 The vote was as follows Councilmembers Broucek, Han, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember O'Reilly voting No Councilmember Sime made a motion to proceed with the engineering plan in order to implement the sanitary sewer and to request that the Manager come up with an alternate financial plan The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Clerk read into the record a letter to Mr James F Murley, Secretary of the Department of Community Affairs, from Mrs Nancy Doke Harrison, 200 West Mashta Drive, regarding the Sanitary Sewers, dated February 4, 1998 Councilmember Fried made a motion to extend the meeting until midnight The motion was seconded by Councilmember Han and approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Padovan voting No Councilmember O'Reilly called the question and it was approved by a 6-1 voice vote The vote was as follows Councilmembers Broucek, Padovan, O'Reilly, Sime, Vice Mayor Fried and Mayor Festa voting Yes Councilmember Han voting No Councilmember Sime made a motion to allow Councilmember Han to speak regarding the sanitary sewer issue The motion was seconded by Councilmember Broucek and approved by a 7-0 voice vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes Nancy Doke Harrison 200 West Mashta Drive, Wendy Johannsen 212 West Mashta Drive addressed the Council 6of8 February 24 1998 7 ORDINANCES The Clerk the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE EXTENSION OF THE MATURITY DATE OF ITS STORMWATER UTILITY REVENUE BOND ANTICIPATION NOTES, SERIES 1995, AND PROVIDING FOR AN EFFECTIVE DATE The Mayor opened the public hearing There were no speakers present The Mayor closed the public hearing Vice Mayor Fned made a motion adopting the ordinance on first reading The motion was seconded by Councilmember Padovan and approved by a 7-0 roll call vote The vote was as follows Councilmembers Broucek, Han, O'Reilly, Padovan, Sime, Vice Mayor Fried and Mayor Festa voting Yes The Clerk announced the second reading of the ordinance for March 10, 1998 9 REPORTS AND RECOMMENDATIONS The following items were discussed Village Attorney The Attorney addressed the Council requesting to schedule an Executive Session regarding the Crandon Park litigation The Executive Session was scheduled for Friday, February 27, 1998 at 8 00 a m in the Council Chamber Village Clerk The Office of the Mayor issued the following Proclamations Love Your Neighbor Day and Atlantic Oceanographic and Meteorological Laboratory Day Village Manager The following items were submitted to the Council 1998 Miami -Dade Days, Rotary Club Quarterly Award Officer Jorge Mora, Police Department, Letter to Mayor and Councilmembers from Bob Levy, Robert M Levy & Assoc , Inc Regarding Ruth Campbell Day, dated January 30, 1998, letter to Ms Nancy Doke Harrison from James F Murley, Secretary, Department of Community Affairs, regarding sanitary sewers, dated February 18, 1998 10 OTHER BUSINESS/GENERAL DISCUSSION There was no further business discussed 11 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and the public 7of8 February 24 1998 12 ADJOURNMENT The meeting adjourned at 12 05 a m Respjetfplly submitted A ;dite'xi° / Conchita H Alvarez, Village Clerk Approved this 31st day of March , 1998 Jo F Festa -Mayor a ,,,,„(,,_ 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 8of8