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HomeMy Public PortalAbout11-06-96 Special Council Meeting.tifMINUTES SPECIAL VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, NOVEMBER 6, 1996 COUNCIL CHAMBER 1 CALL TO ORDER/ROLL CALL OF MEMBERS The mayor called the meeting to order at 7 00 p m Present were Councilmembers Raul Llorente, Michele Padovan, Betty Sime, Ray Sullivan and Mayor John Festa Councilman Hugh O'Reilly and Vice Mayor John Wald were absent Also present were Village Manager Samuel Kissinger, Village Clerk Conchita Alvarez and Village Attorney Stephen Helfman 2 PLEDGE OF ALLEGIANCE The mayor led the pledge of allegiance 3 APPROVAL OF MINUTES Councilman Padovan offered the following correction of the minutes of the meeting of October 15, 1996 Councilman Padovan made a motion to award $50,00045000 to the foundation ($26-60020 000 from FY96 and $25,000 from FY97) There were no objections to the changes and the corrected minutes were adopted by unanimous -consent 4 AGENDA The Village Manager requested that Item 8-D-1, regardmg contract amendments for the manager, be deferred to the next Council Meeting The Village Attorney requested the addition of two items regardmg the mandatory recount of votes and the setting of the special election m connection with the debt limitation under his report 5 SPECIAL PRESENTATIONS Mayor Festa, on behalf of the Council, presented a copy of Resolution 96-28 to Mr Gonzalo de la Pezuela expressing the Council's sympathy in the death of resident Luisa B de la Pezuela 6 PUBLIC COMMENTS There were no public comments 7 RESOLUTIONS The clerk read the following resolution by title A RESOLUTION OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, COMMENDING JAMES M DOWD FOR HIS SERVICE TO THE VILLAGE AS A SPECIAL MASTER, PROVIDING FOR AN EFFECTIVE DATE 1 of November 6 1996 Mayor Festa made a motion adopting the resolution The motion was seconded by Councilman Padovan Resolution 96-28 was adopted by a 4-0 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes Mayor Festa requested that Mr Dowd be invited to the next Council meeting to present him with the Resolution 8 ORDINANCES The clerk read the following ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") AMENDING THE COMPREHENSIVE PLAN OF THE VILLAGE BY REVISING THE FUTURE LAND USE ELEMENT TO REVISE FROM MEDIUM DENSITY MULTIFAMILY RESIDENTIAL TO PUBLIC AND INSTITUTIONAL FOR THAT PORTION OF THE FUTURE LAND USE MAP PERTAINING TO THAT CERTAIN PARCEL OF LAND AT ONE CRANDON BOULEVARD, (THE "PROPERTY") BEING THE NORTHERN MOST PARCEL OF LAND IN THE VILLAGE SITUATED ADJACENT TO AND EAST OF THE EAST RIGHT-OF- WAY LINE OF CRANDON BOULEVARD CONSISTING OF 69 ACRES, PROVIDING FOR AMENDMENT OF CHAPTER 30 "ZONING" OF THE VILLAGE CODE BY CREATING ARTICLE IV "OTHER ZONING DISTRICTS" TO CREATE ZONING DISTRICT CLASSIFICATION FOR PUBLIC AND INSTITUTIONAL USE, PROVIDING PURPOSE OF PUBLIC AND INSTITUTIONAL USE, PROVIDING CRITERIA APPLICABLE TO PUBLIC AND INSTITUTIONAL USE, PROVIDING FOR REZONING AND REDESIGNATION OF THE PROPERTY FROM COUNTY BU -1A ZONING DISTRICT TO VILLAGE PUBLIC AND INSTITUTIONAL ZONING DISTRICT, PROVIDING FOR SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE The attorney briefed the Council on this issue The following citizens addressed the Council Charles Kaleta, 150 Southeast 2nd Avenue, Miami, representing Robert Matheson & sisters, Mark Fried, 1001 South Bayshore Drive, Miami, representing Ocean Village Condomuuum The Mayor made a motion to defer the ordinance to the next Council Meeting on November 14, 1996 and directed the attorney to reword ordinances based on recommendations of Councilmembers The motion was seconded by Councilman Sullivan John Little, Director of Building, Zoning and Planning, read the section m the master plan that refers to this situation The motion was approved by a 4-0 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes 2 of 7 November 6, 1996 The clerk read the followmg ordinance, on second reading, by title AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING THE ZONING CODE, AMENDING ARTICLE III `SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT" BY AMENDING SECTION 30-61 "ACCESSORY BUILDINGS AND USES" BY CREATING PARAGRAPH H "REAR WATERWAY TRANSITION YARD" TO REGULATE STRUCTURES IN REAR YARD WHICH ABUT BISCAYNE BAY OR OTHER WATERWAYS, AMENDING SECTION 30-63 "DOCKS AND MOORING PILES" BY AMENDING PARAGRAPH B "BISCAYNE BAY AND HURRICANE HARBOR" TO FURTHER RESTRICT EXTENSION OF DOCKS AND MOORING PILES INTO BISCAYNE BAY AND HURRICANE HARBOR, PROVIDING FOR SEVERABILITY, CODIFICATION, AND EFFECTIVE DATE Bunldmg, Zoning and Planning Director John Little made a presentation to the Council on the history Involved with this issue Those persons wishing to speak on this case were sworn -in by the Mayor The Mayor opened the public hearing The following members of the public, who were duly sworn m by the Mayor, addressed the Council Finlay Matheson, 480 Matheson Drive, J J Donahue, 820 Harbor Dnve, Jim Tamtor, 355 Harbor Dnve, Dorothy Papasian, 425 Harbor Dnve, Gregory Han, 685 Curtiswood Drive The mayor closed the public hearing There was extensive discussion from Council and staff regarding the proposed ordinance The mayor directed staff to draft an ordinance based on the recommendations made by Council The mayor made a motion to defer this ordinance for the next Council Meetmg on November 14, 1996 The motion was adopted by a 4-0 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan and Mayor Festa votmg Yes 9 BUILDING AND ZONING The following items were discussed All witness givmg testimony m the followmg zoning hearings were sworn m by the mayor Hearing Number 96 -1022 -VC -01 Cnstma Agostuu, representmg Marcello and Qanna Agostuu, 601 Harbor Drive, requested a non-use variance to permit the 13 36 -foot high wood trellis fence above 3of7 November 6, 1996 the crown of road built between the principal building and West Enid Drive vs the maximum allowed 8 -foot high fence above the crown of road permitted by resolution no Z-02-96 and to permit the encroachment of the existing plant material consisting of five (5) trees planted along the property line within the nght of way to remain as installed Building, Zoning and Planning Director Little stated his recommendations for denial of the roof wood trellis and approval of the existing plant matenal The mayor opened the public heanng Cnstma Agostim, 601 Harbor Drive, representing the applicant, addressed the Council Gregory Han, 685 Curtiswood Dnve, Mortimer Fned, 291 Harbor Court, Sixto Campano, 760 Allendale, also addressed the Council The mayor closed the public hearing After some discussion from Council on this issue, the mayor made a motion to defer the hearing to the next Council Meeting on November 14, 1996 The motion was seconded by Councilman Llorente and adopted by a 4-0 voice vote The vote was as follows Councilmembers Llorente, Padovan, Sullivan and Mayor Festa voting Yes Heanng Number 96 -1022 -VC -02 Andres and Manvi Garcia, 14 Harbor Point, the applicant requested a non-use vanance of section 30-61(e) of the Code of Key Biscayne to permit the construction of a 1,429 sq ft pool cabana in rear of the property vs the required section 30-61(e) "except as otherwise provided, accessory buildmgs shall be limited to 300 square feet m area " The applicants also requested a non-use vanance of section 30-61 (f) of the Code of Key Biscayne to permit the construction of a 23'-0" deep pool cabana m rear of the property vs the required section 30-61 (0 "accessory buildmgs shall be lmnted to a maximum of 20 feet " and a non-use vanance of section 30-61 (e) of the Code of Key Biscayne to pernut the construction of a pool cabana m rear of property with an overall height of 23 58' to top of the parapet above the maximum rear lot elevation @7 5' and an additional height of 5 5' to the top of the roof -top trellis vs the required section 30 61(e) "the maximum wall height shall not exceed 14 0 feet above the maximum lot elevation" The applicants also requested a non-use variance of Section 30-61(g) of the Code of Key Biscayne to permit the construction of a pool cabana m rear of the property with an access to roof -top terrace vs the required section 30-61(g) "No roof -top access is permitted for any accessory structure located m the rear zone" Director of Building, Zoning and Planning Little addressed the Council Raul Lastra, Village Planner, stated his recommendation to approve the variances except for the wood trellis fence which needs to be removed 4of7 November 6, 1996 The mayor opened the public hearmg Deborah de Leon, 100 Buttonwood, representmg the applicant, addressed the Council The mayor closed the public hearmg After extensive discussion from Council, Councilman Padovan made a motion to approve the recommendation made by staff The motion was seconded by Councilman Llorente Councilman Sullivan made a motion to defer the heanng to the next Council Meeting on November 14, 1996 The motion was seconded by Mayor Festa and failed on a 2-2 voice vote The vote was as follows Mayor Festa and Councilman Sullivan voting Yes Councilmen Llorente and Padovan voting No Councilman Padovan withdrew the motion to approve the recommendation by staff Mayor Festa made a motion to defer the heanng to the next Council Meeting on November 14, 1996 The motion was seconded by Councilman Padovan and adopted by a 4-0 voice vote The vote was as follows Councilmen Llorente, Padovan, Sullivan and Mayor Festa voting Yes Hearing Number 96 -1022 -VC -03 Sixto Campano, 395 Gulf Road, the applicant, requested a non- use variance of section 30-53 1 of the Code of Key Biscayne to permit a portion of a new construction of 24 feet 4 inches in width and 19 feet m height above BFE extending to 15 feet from the front property line vs the required at the 15 foot front setback line "When that portion of the structure is greater than 20 feet in width, the wall height may not exceed 14 feet as measured from BFE (elevated)" Sixto Campano, 760 Allendale, addressed the Council requesting a deferral for the next Council meeting on November 14, 1996 Mayor Festa made a motion to approve the request The motion was seconded by Councilman Padovan and was adopted by a 4-0 voice vote The vote was as follows Councilmen Llorente, Padovan, Sullivan and Mayor Festa voting Yes 10 REPORTS AND RECOMMENDATIONS The following items were discussed Mayor and Councilmembers The council did not submit a report Village Attorney The attorney advised the Council, m reference to the November 5, 1996 election, that there is a requirement by State Statutes that where the vote is so close as is the case between the second and third candidates a recount of votes should take place The Council needs to request the Supervisor of Elections to conduct the necessary recount according to Flonda Statutes 102 141(4) The recount will take place on November 7, 1996 at 1 00 p m at the Dade County Election Headquarters The recount of the votes was approved by unanimous vote The vote was as follows Councilmen Llorente, Padovan, Sullivan and Mayor Festa votmg Yes The following residents addressed the Council Bonnie Cooper, 77 Crandon Boulevard, Martha Broucek, 170 Ocean Lane Dnve 5of7 November 6, 1996 The attorney also presented a resolution to schedule a special election concerning the proposed debt cap ammendment to the charter Mayor Festa made a motion to adopt the resolution with a set date of January 21, 1997 for this election The motion was seconded by Councilman Llorente and adopted by a 4-0 voice vote The vote was as follows Councilmen Llorente, Padovan, Sullivan and Mayor Festa voting Yes The mayor directed the attorney, with the consent of Council, to research all options to extend this election beyond the required 120 days Village Clerk The clerk did not submit a report Village Manager The village manager did not submit a report 11 OTHER BUSINESS/GENERAL DISCUSSION Councilmen Sullivan and Llorente addressed the Council on their last Council meeting as Councilmen The following residents addressed the Council Martha Broucek, 170 Ocean Lane Drive, Mortimer Fried, 291 Harbor Court 12 SCHEDULE OF FUTURE MEETINGS/EVENTS A schedule of future meetings and events was presented to the Council and public 6 of 7 November 6 1996 13 ADJOURNMENT The meeting adjourned at 9 40 p m Respec ully submitted ,Via,e4, onc ita H Alvarez Village Clerk Approved by the Village Council this day of ,1996 n 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 7 of 7