Local Planning Agency Meeting December 12, 2023

MINUTES LOCAL PLANNING AGENCY KEY BISCAYNE, FLORIDA TUESDAY, DECEMBER 12, 2023 COUNCIL CHAMBER 560 CRANDON BOULEY ARD 1. CALL TO ORDER/ROLL CALL OF MEMBE:&S: The meeting was called to order by the Chairman at 6: 15 p.m. Present were Councilmembers Franklin H. Caplan, Edward London, Oscar Sardinas, Vice Mayor Allison McCormick, and Chairman Joe I. Rasco. Councilmembers Brett G. Moss and Fernando A. Vazquez were absent. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch, and Village Attorney Chad Friedman. 2. APPROVAL OF MINUTES: It was the consensus of Council to approve the October 10, 2023 Local Planning Agency Minutes. 3. PUBLIC COMMENTS: There were no speakers present. 4. ORDINANCE: A public hearing and recommendation of the Village Council sitting as the Local Planning Agency on the following proposed ordinance. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY CREATING SECTION 30-114, "PUBLIC STORMWATER UTILITY USES," TO ALLOW PUBLIC STORMWATER UTILITY USES AS A PERMITTED USE IN ZONING DISTRICTS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Councilmember Caplan made a motion to recommend the adoption of the proposed ordinance to the Council as it is consistent with the Master Plan. The motion was seconded by Vice Mayor McCmmick.

December 12, 2023 Mayor Rasco addressed the public stating that this item will be addressed again at the Regular Council Meeting later in the evening. The motion to recommend the proposed ordinance to the Village Council as it is consistent with the Master Plan was approved by a 5-0 roll call vote. The vote was as follows: Councilmembers Caplan, London, Sardinas, Vice Mayor McCormick, and Chairman Rasco voting Yes. 5. Respectfully submitted: 9oe~\Sac,hiowynB~ Village Clerk Approved this 12th day of__Mi_a r.....c.....h 2024: ~ Joe I. Rasco Mayor IF A 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. 2 of2

Village Council Joe I. Rasco, Mayor Allison McCormick, Vice Mayor Franklin H. Caplan Edward London Brett G. Moss Oscar Sardinas Fernando A. Vazquez 1. CALL TO ORDER/ROLL CALL OF MEMBERS 2. APPROVAL OF MINUTES: 2.A. OCTOBER 10, 2023 MINUTES (LOCAL PLANNING AGENCY MEETING) 3. PUBLIC COMMENTS: 4. ORDINANCE: 4.A. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS," OF THE VILLAGE CODE OF ORDINANCES BY CREATING SECTION 30-114, "PUBLIC STORMWATER UTILITY USES," TO ALLOW PUBLIC STORMWATER UTILITY USES AS A PERMITTED USE IN ZONING DISTRICTS WITHIN THE VILLAGE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND LOCAL PLANNING AGENCY MEETING TUESDAY, DECEMBER 12, 2023 6:15 PM TAB 1 If you would like to speak during public comments, please fill out a blue request form available at the Council Chamber entrance and submit it to the Village Clerk prior to the start of the meeting. When your name is called, please come forward to the podium and state your name and address. (If applicable, please state if you are a hired consultant or Village employee and/or engaged in lobbying activities and/or representing an organization.) Unless otherwise provided by Council, members of the public will have three (3) minutes to speak. December 12, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 1

PROVIDING FOR AN EFFECTIVE DATE. (BUILDING, ZONING AND PLANNING DIRECTOR JEREMY CALLEROS GAUGER) 5. ADJOURNMENT TAB 2 I. ANY PERSON WISHING TO ADDRESS THE VILLAGE COUNCIL ON AN ITEM ON THIS AGENDA IS ASKED TO REGISTER WITH THE VILLAGE CLERK PRIOR TO THAT ITEM BEING HEARD. PRIOR TO MAKING A STATEMENT, PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. II. IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS PROCEEDING BECAUSE OF THAT DISABILITY SHOULD CONTACT THE OFFICE OF THE VILLAGE CLERK, 88 WEST MCINTYRE STREET, KEY BISCAYNE, FLORIDA 33149, TELEPHONE NUMBER (305) 365-5506, NOT LATER THAN TWO BUSINESS DAYS PRIOR TO SUCH PROCEEDINGS. III. IF A 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 (F.S.286.0105). IV. IN ACCORDANCE WITH VILLAGE CODE SECTION 2-161, ADOPTING SECTION 2-11.1(s) OF THE MIAMI-DADE COUNTY CODE, ANY PERSON ENGAGING IN LOBBYING ACTIVITIES, AS DEFINED THEREIN, MUST REGISTER AT THE VILLAGE CLERK'S OFFICE BEFORE ADDRESSING THE COUNCIL ON THE ABOVE MATTERS OR ENGAGING IN LOBBYING ACTIVITIES. THE ABOVE MEETINGS ARE HELD IN THE COUNCIL CHAMBER, 560 CRANDON BOULEVARD AND ARE SUBJECT TO CHANGE. ZONING MEETINGS AND SPECIAL COUNCIL MEETINGS WILL BE SCHEDULED ON AN AS NEEDED BASIS. PLEASE VISIT www.keybiscayne.fl.gov TO VIEW THE MEETING SCHEDULE. December 12, 2023 www.keybiscayne.fl.gov MISSION: TO PROVIDE A SAFE, QUALITY COMMUNITY ENVIRONMENT FOR ALL ISLANDERS THROUGH RESPONSIBLE GOVERNMENT. 2

MINUTES LOCAL PLANNING AGENCY KEY BISCAYNE, FLORIDA TUESDAY, OCTOBER IO, 2023 COI.INCIL CHAMBER 560 CRANDON BOULEVARD 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The meeting was called to order by the Chairman at 6:19 p.m. Present were Councilmembers Allison McCormick, Brett G. Moss, Oscar Sardiflas, Femando A. Vazquez, Yice Mayor Franklin H. Caplan, and Chairman Joe I. Rasco. Councilmember Edward London was absent. Also present were Village Manager Steven C. Williamson, Village Clerk Jocelyn B. Koch, and Village Attorney Chad Friedman. 2. APPROVAL OF MINUTES: Vice Mayor Caplan made amotion to approve the minutes of the May 9,2023 Local Planning Agency Meeting. The motion was seconded by Councilmember Sardiflas and approved by a 6-0 voice vote. The vote was as follows: Councilmembers McCormick, Moss, Sardiflas, Yazquez, Vice Mayor Caplan, and Chairman Rasco voting Yes. 3. ORDINANCES: A public hearing and recommendation of the Village Council sitting as the Local Planning Agency on the following proposed ordinances. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYIIE, FLORIDAO AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS' OF THE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 3O-4 "ZONING AND PLANNING APPLICATION FEES,,' RELATING TO COST RECOVERY; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FORAN EF.FECTIVE DATE. Vice Mayor Caplan made a motion to recommend the adoption of the proposed ordinance to the Council as it is consistent with the Master Plan. The motion was seconded by Councilmember Sardiflas. 3

October IA, 2023 The Attorney addressed the Council regarding meeting procedures The motion to recommend the proposed ordinance to the Village Council as it is consistent with the Master Plan was approved by a 5-0 roll call vote. The vote was as follows: Councilmembers McCormick, Moss, Sardiflas, Vice Mayor Caplan, and Chairman Rasco voting Yes. Councilmember Vazquez was not online at the time the vote was taken. AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AMENDING CHAPTER 30, "ZONING AND LAND DEVELOPMENT REGULATIONS" OF TIIE VILLAGE CODE OF ORDINANCES, BY AMENDING SECTION 30-73 "SITE PLAN REVIEW PROCEDURES,, RELATING TO VOTING PROCEDURES; PROVIDING FOR SEVERABILITE PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. Vice Mayor Caplan made a motion to recommend the adoption of the proposed ordinance to the Council as it is consistent with the Master Plan. The motion was seconded by Councilmember McCormick. The motion to recommend the proposed ordinance to the Village Council as it is consistent with the Master Plan was approved by a 6-0 roll call vote. The vote was as follows: Councilmembers McCormick, Moss, Sardifias, Yazquez, Vice Mayor Caplan, and Chairman Rasco voting Yes. 4. ADJOURNMENT: The meeting was adjourned at6:22p.m. Re sp e ctfu lly s ub mitte d : Jocelyn B. Koch Village Clerk Approved this _dry 2023: Joe I. Rasco Mayor IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE VILLAGE COANCIL WITH RESPECT TO ANY MATTER CONSIDERED AT A MEETING OR HEARING, THAT PERSON WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SACH PARPOSE, MAY NEED TO ENSURE TIIAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, II/HICH RECORD INCLADES THE TESTIMONY AND EVIDENCE APON WHICH THE APPEAL IS TO BE BASED. 2of2 4

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