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Home My Public Portal About03-07-96 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA THURSDAY, MARCH 7, 1996 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR The meeting was called to order by the mayor at 7 00 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Vice Mayor John Waid, and Mayor John Festa Councilman Raymond Sullivan was absent Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and David Wolpin of the Village Attorney's Office Mayor Festa led the Pledge of Allegiance The following items were discussed by the Council Vice Mayor Waid made a motion authorizing the Village Clerk to accept a nomination to serve on the Board of Directors of the Florida Association of City Clerks The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Waid, and Mayor Festa voting Yes The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE ZONING CODE, AMENDING SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT, REVISING AND PROVIDING FOR SETBACKS, HEIGHT, MINIMUM LOT SIZE, DWELLING UNIT SIZE, LOT DIMENSIONS, PERMITTED USES, PROVIDING FOR VARIANCE, PROVIDING FOR REZONING AND REDESIGNATION OF CERTAIN LAND FROM COUNTY ZONING DISTRICTS TO VILLAGE ZONING DISTRICTS, REZONING COUNTY RU -1 AND RU -4L TO VILLAGE RESIDENTIAL, COUNTY RU -1 TO VILLAGE ESTATE, COUNTY EUM AND RU -1 TO ISLAND RESIDENTIAL, COUNTY RU -1 AND RU -2 TO (VILLAGE) PARKSIDE, PROVIDING ZONING MAP, PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, PENALTY AND AN EFFECTIVE DATE Building, Zoning and Planning Director John Little and Village Planner Raul Lastra made a brief presentation regarding the proposed land use regulations Page 1 of 6 March 7, 1996 The mayor opened the public hearing The following citizens addressed the Council John Rosser, 300 Redwood Lane, Stanley Price, 701 Bnckell Avenue, Miami, representing the property owner of 360 Harbor Drive, Henny Becker, 290 West Mashta Drive, Eddy Alfonso, 711 South Mashta Drive, representing the South Mashta Island Association, and Katherine Slavens, 301 Palmwood Lane Councilman Llorente made a motion adopting the ordinance, as presented by staff, on first reading The motion was seconded by Councilman O'Reilly Mayor Festa offered an amendment to Section 30--253 1 3 (page 17) of the ordinance as follows MAXIMUM LOT COVERAGE (Multi -story Residences)35%* (One-story Residences) 4-5.40%* *Additionally, an increase of up to 5 percent of Lot Coverage is permitted for any Porch The Festa motion was seconded by Councilman Sime and failed on a 3 - 3 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan and Mayor Festa voting Yes Councilmembers Llorente, Sime and Vice Mayor Wald voted No Mayor Festa offered an amendment to Section 30-61 of the ordinance by striking the proposed language and inserting the following substitute language Sec 30-61 Accessory buildings and uses (a) Location Except as provided for below, all accessory buildings may be located up to 50 feet from the front property line without any reduction in the side setback distances Additionally, the following buildings and structures can extend up to 15 feet from the front (1) Buildings and structures open on three sides and not exceeding 15 feet in height (2) Detached garages not exceeding 15 feet in height with a finished floor no higher than two feet above the crown of the road (b) Utility sheds/buildings Are limited in height to ten feet and 100 square feet in area Page 2 of 6 March 7, 1996 (c) Prohibited materials The use of fiberglass, aluminum or other metal sheeting or cover shall be prohibited as a cover for accessory buildings, unless the roofing material is applied to a flat roof and not visible from the street Accessory Buildings and Uses are subject to the following setback limitations Village Residential Village Estate Island Residential (Interior) Island Residential (Waterfront) Parkside Residential REAR 5 0' 5 0' 5 0' 5 0' 5 0' SIDE STREET 15 0' 15 0' 15 0' 15 0' 15 0' INTERIOR SIDE 7 51 7 5' 7 5' 15 0' 7 5' Accessory buildings shall be limited to 500 s f in area and the maximum wall height shall not exceed 14 0' above the maximum lot elevation No rooftop access is permitted for any accessory structure located in the rear zone The Festa motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Wald, and Mayor Festa voting Yes Mayor Festa offered an amendment to Section 30-56$ (page 21) of the ordinance as follows Village Residential Village Estate Island Residential (Interior) Island Residential (Waterfront) Parkside Residential FRONT 10 0' ±-&2.Q 0' 1-5-21 0' .±.5.21 0' teld 0' REAR 10 0' t$2.Q 0' -1-$ZQ 0' tfaa 0' ±-&2Q 0' INT SIDE 4 0' 4 0' 4 0' 10 0' 4 0' SIDE STREET 10 0' 10 0' ±1Q 0' ±-51Q 0' 10 0' The Festa motion was seconded by Councilman O'Reilly and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Wald, and Mayor Festa voting Yes Page 3 of 6 March 7 1996 Mayor Festa offered an amendment to Section 30-5253 1.2 (page 16) of the ordinance as follows 2) PERMITTED ENCROACHMENTS INTO REGULAR SETBACKS The following distances pertain to encroachment setbacks as measured from the front and side street property lines so as to provide certain setbacks for the below -listed accessory structures in lieu of those setbacks specified in paragraph (1) "Principal Building Placement (Setbacks)," provided above PORCHES PORTE-COCHERES CARPORTS Village Residential 10 0' 10 0' 10 0' Village Estate 10 0' 10 0' 10 0'* Island Residential 15 0' Parkside Residential 10 0' 15 0' 15 0' 10 0' 10 0' The maximum width of any porch or combination of porches may not exceed sixty percent (60%) of the average lot width The Maximum wall height of porches may not exceed 14' above the maximum lot elevation Carports and porte-cocheres which encroach into the principal building setback are limited to 500 square feet in area and only one such encroachment is permitted per street frontage The maximum height (to top of structure) of carport and porte-cochere encroachments may not exceed 14' above the maximum lot elevation Carport encroachments may not form an integral part of the principal building roof structure *5' for existing non -elevated homes. The Festa motion was seconded by Councilman O'Reilly and failed on a 3 - 3 roll call vote The vote was as follows Councilmembers O'Reilly, Sime and Mayor Festa voting Yes Councilmembers Llorente, Padovan and Vice Mayor Wald voted No The amended ordinance was adopted on first reading by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sure, Vice Mayor Wald, and Mayor Festa voting Yes Page 4 of 6 March 7, 1996 The clerk announced the second reading of the ordinance for 7 00 p m on March 26, 1996 The Council discussed the March 12, 1996 "Straw Ballot for Land Acquisition" special election Shirley Bnll, 550 Ocean Drive, addressed the Council regarding the straw ballot The following informational items were submitted to the Council the registration form for Florida League of Cities' Legislative Action Day, a copy of the Bill Baggs Cape Florida State Recreation Area fee schedule, a memorandum from the Huntington's Disease Society of America regarding August 4, 1996 tnathlon, a memorandum from Percy Aguila, the Village's financial advisor, regarding debt policy, dated January 10, 1994, a memorandum from the Village's landscape maintenance supervisor, regarding Village Green shade trees, dated February 16, 1996, a letter from Eduardo Benet, Village resident, regarding cellular communication relay stations, dated February 27, 1996, and a letter from Edward Yarnell, Key Biscayne Fourth of July Parade Committee, regarding the relocation of the parade reviewing stands, dated March 4, 1996 Mayor Festa made a motion approving the request of the Fourth of July Parade Committee for the relocation of the parade reviewing stands to 455 Crandon Boulevard The motion was seconded by Councilman Sime and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Vice Mayor Wald, and Mayor Festa voting yes A schedule of future meetings was presented to the Council and public There being no further business, the meeting was adjourned at 9 20 p m Page 5 of 6 March 7, 1996 Respect y submitted Guido H iguanzo, Jr , CMC Village Cler Approved by the Village Council this 12th day of March, 1996 Jo F Festa ayor 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 Page 6 of 6