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Home My Public Portal About02-23-94 Regular Council Meeting.tifM I NUT E S VILLAGE COUNCIL MEETING VILLAGE OF KEY BISCAYNE, FLORIDA WEDNESDAY, FEBRUARY 23, 1994 COUNCIL CHAMBER 85 WEST MCINTYRE STREET, SECOND FLOOR 1 CALL TO ORDER/ROLL CALL OF : The meeting was called to order by Mayor Festa at 7 10 p m Present were Councilmembers Mortimer Fried, Raul Llorente, Raymond Sullivan, John Waid, Vice Mayor Joe Rasco, and Mayor John Festa Councilman Betty Sime was absent Also present were Village Clerk Guido Inguanzo and Village Attorney Steve Helfman Mayor Festa announced that this was a continuation of the meeting of February 1, 1994 2 AGENDA: There were no changes to the agenda 3 ORDINANCES: The first reading of the following ordinance, as amended at the meeting of February 15, 1994, was continued AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA; AMENDING THE VILLAGE CODE BY ADDING CHAPTER , SUPPLEMENTAL DISTRICT REGULATIONS FOR SINGLE FAMILY DEVELOPMENT; PROVIDING FOR DEFINITIONS; PROVIDING A SCHEDULE OF REGULATIONS FOR BUILDING HEIGHT, T'ThLL HEIGHT, FRONT SETBACKS, REAR SETBACKS, SIDE SETBACKS, LOT OVERAGE, FLOOR AREA RATIOS AND PERVIOUS AREA; PROVIDING REGULATIONS FOR PARKING AND DRIVEWAYS, LOT ELEVATION, DRAINAGE Burer'z S, AIR CONDITIONING EQUIPMENT, POOL EQUIPMENT AND SOLAR PANELS, BOAT STORAGE, DECKS, POOLS AND FECES AND WALLS AND ACCESSORY BUILDINGS AND USES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY, AND AN EFFECTIVE DATE. Mayor Festa made a motion amending footnote seven to read "Up to an additional 07 FAR is permitted for structures that are open " The motion was seconded by Councilman Llorente and adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes Councilman Sullivan made a motion limiting the Floor Area Ratio to forty percent ( 40) The motion was seconded by Councilman Fried After brief discussion, the motion failed on a 2 - 4 roll call vote The vote was as follows Councilmembers Fried and Sullivan voting Yes Councilmembers Llorente, Waid, Vice Mayor Rasco, and Mayor Festa voted No Page 1 of 5 February 23, 1994 Mayor Festa made a motion limiting the Floor Area Ration to forty- seven percent ( 47) The motion was seconded by Councilman Waid After further discussion, the motion was adopted on a 4 - 2 roll call vote The vote was as follows Councilmembers Fried, Llorente, Waid, and Mayor Festa voting Yes Councilman Sullivan and Vice Mayor Rasco voted No Mayor Festa made a motion amending Section 3 2 to read "Parking Parking spaces must be paved or consist of a hard durable, dust free surface which allows safe vehicular and pedestrian flow " The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 4 to add "or pool" after the word "deck" The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 6 1 to change the front setback to ten feet and the side street setback to ten feet The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 6 2 to change the front setback to ten feet and the side street setback to ten feet and add "if the equipment is located along any street front, it must be visually screened from the right-of-way " The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 6 3 to add "or set into the roof so that the upper roof surface abuts the side of the solar panel" after the word "right-of-way(s)" The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 8 2 to change the setbacks to read "6 5" The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Page 2 of 5 February 23, 1994 Councilman Fried excused himself from the meeting at 8 45 p m Mayor Festa made a motion amending Section 8 3 to change the rear and interior side setbacks to read "5'", deleting "ten feet (10')" and adding "8 5 feet above BFE" The motion was seconded by Councilman Llorente and adopted by a 4 - 1 voice vote The vote was as follows Councilmembers Llorente, Sullivan, Waid, and Mayor Festa voting Yes Vice Mayor Rasco voted No Mayor Festa made a motion amending Section 9 1 1 to read "Where a structure is permitted to extend above 35' from the top of a building, that structure under no circumstances shall exceed 40' in height Where a roofed structure is permitted (including enclosed access areas) it shall not exceed 3t of the lot size and must be setback at least 30' from the front and rear property lines and 20' from side property lines, and open on at least three sides " The motion was seconded by Councilman Llorente and was adopted by a 5 - 0 voice vote The vote was as follows Councilmembers Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Fried returned to the meeting at 9 15 p m Councilman Llorente made a motion amending Section 9 2 to read "No portion of a roof, including the gutter shall be permitted to extend beyond five feet (5') from the exterior wall of a building, nor may any portion of a roof overhang shall extend closer than 3 5 feet from any side property line nor 2 5' from the front or side street property line " The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Fried made a motion amending Section 10 1 by changing the front zone to twenty feet (20') There was no second to the motion Councilman Sullivan made a motion amending Section 10 2 1 by striking "Where the wall is located at least five feet (5') from the front property line the height may be increased up to eight feet (8') when the excess height is made of open railing or other material which is at least seventy-five percent (75% transparent Arches, columns, gates and other ornamental features for these walls may extend up to ten feet (10') " The motion was seconded by Councilman Fried and adopted by a 5 - 1 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, and Vice Mayor Rasco voting Yes Mayor Festa voted No Page 3 of 5 February 23, 1994 Mayor Festa made a motion amending Section 10 1 by striking "For the purpose of the following regulations, the provisions relating to the Front Zone also apply to the front 15 feet along the street side of all corner lots " The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion that walls in the front zone, at the front property line, for interior lots, be at a height of six feet, providing that the wall not exceed fifty percent of the lot frontage If the wall exceeds fifty percent of the lot frontage, the wall may not exceed four feet The motion was seconded by Vice Mayor Rasco and adopted on a 4 - 2 voice vote The vote was as follows Councilmembers Fried, Llorente, Vice Mayor Rasco, and Mayor Festa voting Yes Councilmembers Sullivan and Waid voted No Mayor Festa made a motion prohibiting chain link fences between any building and any adjacent streets The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 10 3 1 requiring that all walls between any building and side streets must be finished on all sides The motion was seconded by Councilman Fried and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion further amending Section 10 2 1 to state that the wall height along the front and side streets shall be limited to six feet The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending Section 11 1 1 to read "Building and structures open on at least three sides and not exceeding fifteen feet (15') in height " The motion was seconded by Councilman Llorente and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Councilman Llorente made a motion amending Section 11 1 2 to strike "two feet (2') " and insert "1 5 feet" The motion was seconded by Vice Mayor Rasco and failed by a 2 - 4 voice vote Councilman Llorente and Vice Mayor Rasco voting yes Councilmembers Fried, Sullivan, Waid, and Mayor Festa voted No Page 4 of 5 February 23, 1994 Mayor Festa made a motion amending Section 11 3 by adding "unless the roofing material is applied to a flat surface so as not to be visible from the street " The motion was seconded by Vice Mayor Rasco and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Mayor Festa made a motion amending footnote 4 2 by striking "to the highest portion of the roof" and inserting "wall height may not exceed fourteen (14') FROM BFE" The motion was seconded by Councilman Waid and adopted by a 6 - 0 voice vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, Vice Mayor Rasco, and Mayor Festa voting Yes Vice Mayor Rasco made a motion applying the same percentage criteria of the rear setback to the front setback (only forty percent of the building may encroach on the fifteen feet setback) The motion was seconded by Councilman Llorente and failed on a 3 - 3 voice vote The vote was as follows Councilmembers Fried, Llorente and Vice Mayor Rasco voting Yes Councilmembers Sullivan, Waid and Mayor Festa voted No The amended ordinance was adopted, on first reading, by a 5 - 1 roll call vote The vote was as follows Councilmembers Fried, Llorente, Sullivan, Waid, and Mayor Festa voting Yes Vice Mayor Rasco voted No The clerk announced that the second hearing of the ordinance will be held on Wednesday, March 9, 1994, at 7 00 p m 4 OTHER BUSINESS: There was no further business discussed 5 : The meeting was adjourned at 11 30 p m Approved this `1'1‘ day of , 1994 Village erk Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COUNCIL WITH RESPECT W ANY laauzat CONSIDERED AT A MEETING OR THAT PERSON WILL NEED A RECORD OF THE PROCEEDD SS AVID, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, %BICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH TEE APPEAL IS TO BE BASED. 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