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Home My Public Portal About03-26-96 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA TUESDAY, MARCH 26, 1996 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 05 p m Present were Councilmembers Raul Llorente, Hugh O'Reilly, Michele Padovan, Betty Sime, Raymond Sullivan, and Mayor John Festa Vice Mayor John Wald was absent Also present were Village Manager Samuel Kissinger, Village Clerk Guido Inguanzo and Village Attorney Stephen Helfman 2 PLEDGE OF ALLEGIANCE Mayor Festa led the Pledge of Allegiance 3 APPROVAL OF MINUTES There were no minutes submitted for the Council's consideration 4 AGENDA Councilman Sullivan requested the addition of discussion regarding the March 12, 1996 straw ballot for land acquisition election Councilman Padovan requested the addition of discussion regarding sidewalks on Ocean Lane Drive Councilman Sime requested the addition of discussion concerning an administrative hearing held regarding the Village's Seaquanum litigation matter Mayor Festa requested the addition of discussion regarding the "Lipton" traffic light on Virginia Key 5 SPECIAL PRESENTATIONS There were no special presentations 6 BUILDING, ZONING AND PLANNING All witnesses giving testimony m the following hearing were sworn -in by the clerk Hearing Number 95 -0326 -VC -01 Eugene and Diana Stearns, 180 Cape Florida Drive, requested a non-use variance to allow mooring piles at a side setback of seven feet six inches (7'6") where side setbacks of ten feet (10') are required and a non-use vanance for placement of three moonng piles outside of the area indicated by the Dade County Public Works Manual Building, Zomng and Planning Director John Little stated his recommendation for approval of the application The mayor opened the public hearing Jennifer Stearns, 180 Cape Florida Drive, and Richard Bmnel, 7801 Northwest 66 Street, Miami, representing the applicant, addressed the Council Page 1 of 7 March 26 1996 Councilman Sullivan made a motion adopting staffs recommendation The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes 7 ORDINANCES The clerk read the following ordinance, on first reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA AMENDING CHAPTER 6, "BUILDING AND BUILDING REGULATIONS," OF THE VILLAGE CODE BY ENACTING SECTION 6-3 "BUILDING PERMIT FEES" TO PROVIDE FOR FEE SCHEDULE FOR BUILDING PERMIT FEES, AMENDING CHAPTER 30 "ZONING" BY AMENDING ARTICLE I "IN GENERAL" BY ENACTING SECTION 30-1 "ZONING AND PLANNING APPLICATION FEES," TO PROVIDE FEE SCHEDULE FOR ZONING AND PLANNING APPLICATIONS, PROVIDING FOR SAVINGS CLAUSE, SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE The mayor opened a public heanng Carter McDowell, 701 Brickell Avenue, Miami, representing the Ocean Club and Grand Bay Resort and Residences projects, addressed the Council Mayor Festa made a motion adopting the ordinance on first reading The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan Sime, Sullivan, and Mayor Festa voting Yes The clerk announced the second reading of the ordinance for April 9, 1996 at 7 00 p m The clerk read the following ordinance, on second 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 COUN'T'Y 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) PARICSIDE, PROVIDING ZONING MAP, PROVIDING FOR REPEAL, SEVERABILITY, CODIFICATION, PENALTY AND AN EFFECTIVE DATE Page 2of7 March 26 1996 Building, Zoning and Planning Director Little and Village Planner Raul Lastra presented recommendations to the Council The mayor opened the public hearing There were no speakers present Mayor Festa made a motion adopting the ordinance The motion was seconded by Councilman Padovan Councilman O'Reilly made a motion adopting staff's recommendations The motion was seconded by Councilman Sullivan It We as the consensus of the Council that a separate vote be taken on each of staff's recommendations Definitions Councilman Sime made a motion adopting staffs recommendation The 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, Sullivan, and Mayor Festa voting Yes Permitted Encroachments Councilman Sime made a motion adopting staffs recommendation The 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, Sullivan, and Mayor Festa voting Yes Accessory Buildings and Uses Councilman Llorente made a motion limiting the square footage of accessory buildings to 300 square feet The motion was seconded by Councilman Sullivan and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Mayor Festa made a motion adopting staff's recommendation that utility sheds may not be located closer than fifty feet from any front or side street property line, that utility sheds may not exceed 100 square feet that utility sheds be limited to ten feet above the maximum flood elevation, and that onlh one utility shed be permitted per lot The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente O'Reilly, Padovan Sine, Sullivan, and Mayor Festa voting Yes Page 3of7 March 26 1996 Councilman Padovan made a motion limiting the distance between accessory buildings and principle buildings to five feet The motion was seconded by Councilman Sullivan and adopted by a 4 - 2 roll call vote The vote was as follows Councilmembers O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes Councilmembers Llorente and Sime voted No Mayor Festa made a motion adopting staff's recommendation requiring that accessory buildings be designed in a style and construction method in keeping with that of the principle structure The motion was seconded by Councilman Sime and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman Sime made a motion adopting staff's recommendation that the width of accessory buildings parallel to the front or rear setbacks be limited to twenty feet The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Councilman Llorente made a motion that enclosed accessory buildings in the front setback be limited to 300 square feet The motion was seconded by Mayor Festa and adopted by a 5 - 1 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sullivan, and Mayor Festa voting Yes Councilman Sime voted No Mayor Festa made a motion amending Section 30-53 1 of the ordinance by limiting the maximum lot coverage for one story residences to forty percent The motion was seconded by Councilman Sullivan and failed on a 2 - 4 roll call vote The vote was as follows Councilman Sullivan and Mayor Festa voting Yes Councilmembers Llorente, O'Reilly, Padovan, and Sime voted No Mayor Festa made a motion to Section 30-59(b) of the ordinance as follows "Pools Swimming pools shall be subject to the following setback limitations and shall not exceed a height greater than that allowed for maximum lot elevation when located within the principle building setbacks " The motion was seconded by Councilman Padovan and adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes Mayor Festa made a motion permitting carports in the Village Residential and Park Residential distncts be at five feet from front and side street setbacks for non -elevated residences and elevated residences as long as grade of dnveway is no greater than one foot above the crown of the road The motion was seconded by Councilman O'Reilly and failed on a 2 - 4 roll call vote The vote was as follows Councilman O'Reilly and Mayor Festa voting Yes Councilmembers Llorente, Padovan, Sime, and Sullivan voted No Page 4of7 March 26 1996 The amended ordinance was adopted by a 6 - 0 roll call vote The vote was as follows Councilmembers Llorente O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes By consensus, the Council directed the attorney and staff to prepare an ordinance addressing the issue of view comdors along the waterfront properties taking into consideration accessory structures, wall heights, sight lines, relationship of existing buildings, and grade for waterfront view corridors 8 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AUTHORIZING THE VILLAGE MANAGER TO EXECUTE AN GRANT AGREEMENT, ON BEHALF OF THE VILLAGE, WITH THE DADE HERITAGE TRUST, FOR THE JULY 27, 1996 CAPE FLORIDA LIGHTHOUSE RELIGHTING CELEBRATION, PROVIDING FOR AN EFFECTIVE DATE Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Sime Resolution 96-5 vas adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Llorente O'Reilly, Padovan, Sime, Sullivan, and Mayor Festa voting Yes 9 REPORTS AND RECOMMENDATIONS Mayor Festa requested an update regarding the relocation of the Kennedy -Nixon Villa The mayor requested an update regarding the L'Esplanade property Building, Zoning and Planning Director Little gave a bnef report Councilman Llorente introduced resident Carlos Fernandez, 615 Harbor Circle, who addressed the Council regarding the proposed sidewalks for Harbor Drive Jim Tamtor, 355 Harbor Drive, and Martha Broucek, 170 Ocean Lane Drive, also addressed the Council Village Engineer Carlos Penin participated in discussions with the Council Councilman Padovan also discussed the need to study traffic and sidewalks on Ocean Lane Drive Councilman Sullivan discussed the impact of the results of the March 12, 1996 "Straw Ballot on Land Acquisition" special election on the Council's goals and objectives The Council concurred to schedule a workshop to further discuss the matter Page 5 of 7 March 26 1996 Councilman Sime provided the Council with an update as to the proceedings at an administrative hearing regarding the Seaquanum litigation matter Mayor Festa briefly discussed the traffic light installed on the Rickenbacker Causeway at Virginia Key for the Lipton Tournament The Council briefly discussed the selection of a color for the sidewalk construction project Councilman Llorente made a motion selecting green The motion was seconded by Councilman O'Reilly and failed on a 1 - 5 voice vote The vote was as follows Councilman O'Reilly voting Yes Councilmembers Llorente, Padovan, Sime, Sullivan, and Mayor Festa voted No Councilman Padovan made a motion directing staff to select a color The motion was seconded by Councilman Sime and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Llorente, O'Reilly, Padovan, Sime, and Mayor Festa voting Yes Councilman Sullivan voted No The manager submitted the following informational items a letter from the Memorial Day Committee, regarding use of Village Green for Memorial Day ceremony, dated March 15, 1996, a memorandum from David Leahy, Dade County Supervisor of Elections, regarding 1996 Fall election deadlines, dated March 18 1996, and a notice from Metropolitan Dade County regarding skating on Powell Bridge ordinance and resolution hearings 10 OTHER BUSINESS/GENERAL DISCUSSION The mayor called for a workshop on Tuesday, April 16, 1996 at 7 00 p m , to discuss the proposed alcoholic beverage regulation ordinance The attorney requested that the Council meet in an executive session on April 9, 1996 at 5 30 p m to discuss the negotiations between the Village and the Police Benevolent Association regarding a collective bargaining agreement 11 SCHEDULE OF FUTURE MEETINGS A schedule of future meetings was presented to the Council and public 12 ADJOURNMENT The meeting was adjourned at 10 30 p m Page 6 of 7 March 26 1996 Resp ctful& sub itted Guido H I ' guanzo, Jr , CMC Village Approved by the Village Council this 11th day of June, 1996 L ‘3;e-P*7‘%-- hn F Festa Mayor 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 TESTIMONYAND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED Page 7 of 7