Loading...
9723 NE 2 Ave (8)CURTIS J. HERBERT June 8, 1990 Zoning and Planning Board, 10050 N.E. 2nd Avenue Miami Shores Village Hall Miami, Shores, Florida 33138 In re: Professional Career Centers, Inc. /Agenda set for June 14, 1990 Dear Sirs: KOPPEN, WATKINS, PARTNERS & ASSOCIATES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 700 NORTHEAST BOTH STREET MIAMI, FLORIDA 33138 - 3206 TELEPHONE (305) 754-5442 TELEFAX (305) 757-6736 ANNEX 7251 NE 2ND AVENUE MIAMI, FLORIDA 33138 TELEPHONE (305) 759-1002 This office represents Professional Career Centers, Inc., in all matters pertaining to the operation of its school at 9717 N.E. 2nd Avenue, Miami Shores, Florida and 210 N.E. 98th Street, Miami Shores, Florida. A notice of violation was issued for the 98th Street location. Our search of the City's Zoning regulations leads us to the opinion that the basis of the charge of non conforming use, stated in the Notice of Violation arises fran a misinterpretation of permitted uses. Professional Career Centers, Inc., is a "Private Technical School ". The designation as Private School is found in Section 9(a) listed under Public Schools. The Notice of Violation is based upon an assumption that Professional Career Centers, Inc., operates a "Private School ", and is required to net the requirements of that section of the Code of Ordinances, which of course it is unable to do. Closer examination ,and understanding of the facts make it clear that the effort to apply Section 9(a) to the technical school being operated by Professional Career Centers, Inc., is mixing apples and oranges. The licensing bodies of the State of Florida, governing schools, are as follows: 1. The Florida Department of Education Tallahassee. 2. State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools, Tallahassee, FL 32399 i .. Both Public and Private Academic schools, i.e., those offering prescribed and approved courses leading to scholastic degrees are governed by the Florida Department of Education Tallahassee. Private and Public Technical schools, not offering scholastic degrees are governed by State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools, Tallahassee. There is a vast difference between a Private Technical School and a Public Academic School. The Public Academic School is that type of school which is set out as a permitted use in the code of ordinances, and allowed within residential zoning on a 2 1/2 acre parcel of land. The reference to "Private School," which follows at this section of the ordinance, setting forth the same requirement as for Public Schools, seems clearly to intend to refer to the same type of scholastic school as the referenced public school. It would be erroneous to identify a "Private Technical School" as a Public or Private Academic School. Since there is no zoning classification which specifically allows a Private Technical School, the application of Professional Career Centers, Inc., based upon hardship, is necessary as the code of ordinances does not contain any zoning classification that allows a Private Technical School. Since such a school is a lawful enterprise, it is entitled to be permitted within some zoning classification. It is respectfully submitted that the "commercial classification" is the appropriate classification permitting a "Private Technical School." On the basis that Professional Career Centers, Inc., is operating its School within a commercial zoning area,.it would not seem necessary to seek a variance, to allow its expansion within the same "commercial classification and approval by the Board permitting an otherwise unspecified lawful use i.e., a "Private Technical School," to operate within a commercial zoning classification, seems to be all that would be required. Once the Board accepts that a "Technical Private School" is a lawful enterprise, 'and is not otherwise regulated by the ordinance, it follows that some classification must be designated for it, which is a different circumstance than that which requires a variance. A copy of this letter is being delivered to the Village Manager with the thought that it may be procedurally necessary to obtain an opinion fran the Village attorney as to the matters addressed herein, prior to the Board's June 14, 1990 meeting, rather than to raise at that time what appears to be, in part, a legal matter. RAK /sh .v Respectfully submitted, KOPPEN, WATKINS, PARTNERS & ASSOCIATES, a Professional Association l CURTIS J. T, ESQUIRE MIAMI. SHORES VILLAGE June 14, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on May 24, 1990 at the Miami Shores Village Hall. The meeting was called to order at 7:35 P.M., by Chairman Mr. Fernandez, with the following members present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr. Robert E. Cook Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - MAY 24, 1990 2. REQUEST FOR APPROVAL OF PLANS FOR SPORTS COMPLEX BARRY UNIVERSITY 11300 N. E. 2nd AVE. Mr. Fernandez introduced the case. ' Mr. LuBien presented the request stating, enclosed in Members packet was the previously approved site plan indicating the Sports Complex. The new plan tracks with a very minor deviation. Members reviewed larger plans of the area. On the original site plan everything was squared off, but on the current plans things are moved over a bit.to accomodate the racquetball court and the utility building. This particular plan does not include details of the landscaping. There were several amendments to the minutes and two paragraphs were added. (Pg 4•, 4 -B and on Pg 5 under 5. first paragraph). Mr. McClure moved to approve the minutes of the May 24th meeting, as amended seconded by Mr. Laubenthal and carried 4/1. Mr. Cook abstained, he was not at that meeting. Tim Czerniec, Vice President of Business Affairs for Barry University stated any deviation from the original plans can be addressed. Landscaping details were eliminated because most of the trees along 115th Street already exist and not too much planting was planned. Mr. Laubenthal commented there are a significant number of trees existing. The berm will meet screen requirements. The master plan has been responsibl maintained. In response to query from Mr. Fernandez concerning lighting, Mr. Bruce Randal representing Stanmar, the contractor noted, they propose to use low profile light standards (16'). He passed on to Members a photograph of the concen- trated lighting proposed for use at the tennis courts, and installation. Fences (wind screen) will be 10' tall. The adjoining property is lit by street ligtats. Method of design prevents spill over of lighting. In response to query Mr. Czerniec noted lights will be shut off at 11 P.M.. To provide security, Harry U. will provide a booth, fence and a lock and security will be able to handle also. There will be a termination & control point. There will be provisions for bleachers which are not in the plan this time. Mr. Laubenthal moved to approve the request, as submitted, seconded by Mr. Chambers, and carried unanimously. PLANNING'& ZONING BOARD -2- June 14, 1990 3. REQUEST FOR APPROVAL OF PLANS FOR VESTIBULE ADDITION & NEW FACADE PUBLIX MARKET 9030 BISCAYNE BLVD. /A0 /9? id's_ Mr. LuBien introduced the request, noting that Members had received in their packet a sketch of what is proposed. A portion of the walkway is being enclosed, this enclosure adds an additional 1,200 sq ft to the building, there are 246 parking spaces provided and 322 are required with the addition. Our code stifulates there should be one parking space for each 180 sq ft in a shopping center). This situation differs in that the enclosure would have no significant impact on the parking lot. Mr. James Leckey, Real Estate Manager for Publix stated, most of Mr. LuBien': statements are 100% true. This is a modernization attempt. It is antici- pated,there will be a large savings in heating & cooling costs. The sq ft sales area is not increased. In response to query, Mr. LuBien noted this is a non conforming situation as to the number of spaces required. Mr. Fernandez commented he is very hesitant to allow any non conforming use or activity to prevail or expand. The issue is unclear to him, and Mr. McClure noted he is looking at a variance and not a plan approval. Mr. Laubenthal asked, when it became a non conforming use and has the non conforming use changed significantly • over the years? Mr. Maurice Beeman, architect included a letter requesting the additional under cover space said, he was not made aware that a variance is required nor did he know of a pending landscape ordinance. Both were d::scussed. Concerning the requirement for a variance, Mr. Laubenthal feels that they are staying largely within the parameters of the original intent of the building, he sees it as judgemental, the impact of the site plan approval must be reviewed. Is significant and valuable walk space being lost? There was much continued discussion regarding the requirement for a variance, can it meet the code as a site plan approval, non conforming parking spaces, increased convenience of handicapped parking. Configuration remodeling, (interior remodeling), and 128th St and N. E. 6th Ave store was mentioned. Mr. LuBien noted technically a variance is required, usable retail space is being added. It was determined the approval should be looked at as a variance request, and the owners may return and address the four criteria for a variance. Mr. Laubenthal moved to deny the application as submitted, seconded by Mr. McClure stating it should go thru a variance procedure. The motion passed unanimously. In response to Mr. Beeman, Mr. LuBien noted parking regulations may be found under the Schedule of regulations, also Mr. Fernandez instructed him as to the Board's action and criteria for variance must be addressed. PLANNING & ZONING BOARD 4. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE L. DESLANDES 74 N. W. 109th STREET 5. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW EXPANSION OF NON CONFORMING SCHOOL PROFESSIONAL CAREER CENTER 210 N. E. 98th STREET -3- 6/14/90 Mr. McClure commented, the architect seal is required on all garage enclosure, to which Mr. LuBien responded, he was assured it will be provided before a permit is issued. ObLo /9/ /oVis Mr. Donald Samuels nor L. Deslandes was present. Mr. McClure moved to table the request to 8. to allow time for someone to appear concerning the request. The motion was seconded by Mr. Laubenthal, and passed unanimously. Mr. Curtis Herbert, attorney representing the Professional Career Centers, is with the law firm of Koppen, Watkins. Laurie A. Green - Rawitz, Court Reporter for the firm, also was present. Included in Members packet was a letter requesting variance for the Professional Career Center at 210 N. E. 98th St. to be used as office space, and a Telemarketing Dept., in response to a violation notice they received. Also included was a site sketch drawn up by The Keyes Co. showing the location, and a letter from Koppens, Watkins, Partners & Associates address- ing the issue and differing with Staff definition, School. Mr. LuBien introduced the case stating, this is a request for approval of variance to allow expansion of a non conforming school. Schedule of Regula- tions tells us private schools are not allowed in Miami Shores unless they provide a minimum 21 acres. The existing school may operate in a non confort ing capacity at the level which is now being operated. The space rented at 210 N. E. 98th St. is an expansion of the existing school and as such was cited for violation which is being appealed to the Planning & Zoning Board in the form of a variance. In order to clarify, Mr. LuBien noted in respons to query, the expansion was cited. Further he noted the original operation has been there some time, and had not come before the Planning & Zoning Board at the time the operation was originally initiated. There is a new operater, and an Occupational License has been issued. Mr. Curtis Herbert indicated there seems to be some confusion (which he attempted to address in his letter) as to what is non conforming and under what ordinance the client is cited as being non - conforming. Mr. Herbert made mention of his reading of the Schedule of Regulations and what may be allowed in the R and B -1 District. He requested an opinion or some advise on how to proceed. Is the variance required to deal with the Notice of Violation? Guidance is being sought. In response to query, Mr. Herbert noted Professional Career Center is a Technical Vocational School, basically a training school. to allow people to go on to career opportunities. Mr. Fernandez advised him that it is a non conforming use and by. :is own submission it is a private technical vocational school. Further, he noted that he had been alerted by Mr. Fenn, Village Atty that approval for private technical school has never been allowed in Miami Shores area. PLANNING & ZONING BOARD - 6/14/90 za/fr 4,775 In reply to questions asked by Mr. McClure, Mr. David Splitstone, Vice President answered: John Faulds is the full time. Director of the school and there is no Assistant Principal. Mr. Faulds fills the roll of guidance counselor as well as director. There is also a Registrar and three full time teachers. Diplomas are issued for Computer Data Management and Micro Computer Operation, grades and formai transcripts are issued. The enroll- ment agreement is regulated by the State. The charge is programatic rather than by credit hours. Financial aid is available with guidance from the Financial Aid Officer who is a full time employee. Also the Registrar is full time. Courses are offered but charges are made by the program. There is a catalog. The school is for profit Florida Corporation. In response to query from Mr. Laubenthal, Mr. Splitstone gave the previous history of the school noting the expansion from 9620 N. E. 2nd Ave to 9717 N. E. 2nd Av n 1982 by Dr. Elwood Jones the prior owner and in 1983 Dr. Jones expanded to include 9719 N. E. 2nd Ave. He took over the operation last April and in January of this year the school was approved nationally by the Associatio: of Independent Colleges and Schools. Mr. Splistone responded to Mr. Fernand, the school is operational Monday - Friday, however remedial sessions are held on Saturday. They are a non traditional term school in operation year round. Business skills are a part of the curriculum. Word Processing is taught as are three basic softwares worked with at this particular school. Mr. Splitstone talked about the pilot school in Ft. Lauderdale. Degrees are not given, but diplomas or certificates are. He further outlined his inter- pretation of the operation as opposed to the traditional school. Mr. McClure advised that the school as presently operated does not fit the definition for a Private School that we have. It fits more as business, art, music, etc., but does not fit in Sec 237 as a school. There was much continued discussion regarding the citation, through a complaint or inspectors observation, occupational license, not a permitted use in B -1 District, non conforming use, Schedule of Regulations, private or public schools or if this can be classified as a school, use of the additional space, number of acres required. Discussion continued as to our definition of school and how this operation may be classified. Mr. Herbert again requests an opinion from Mr. Fernandez, what is the classification? so that if a variance is needed, they can come back with the proper prepara- tion for same. Mr. Laubenthal agreed that judgement should be deferred to hear from Mr. Fann. Mr. Fernandez felt it wise to table the issue consider- ing the possibility that Mr. Fann attend the next meeting. Mr. McClure moved to table the request to the next meeting, seconded by Mr. Laubenthal. The motion passed 4/1 with Mr. Fernandez voting No. It was suggested that before the next meeting Members read Pg 1603, Sec 524, and Pg 1608, Sec 609 of the Miami Shores Village Code of Ordiances. At 9:20 P.M. a recess was called. The meeting reconvened at 9:27 P.M. Mr. Fernandez wished it recorded that he advised the Court Reporter, Planning and Zoning does not waive. Mr. Cook moved to amend the Agenda changing 7. to 6., since persons were waiting to hear this report. Mr. Chambers seconded the motion which carried unanimously. PLANNING & ZONING BOARD 7. DI$CUSSION BIS CAYNE KENNEL. CLUB 320 N. W. 115th ST. Also Mr. Cook being absent from the last meeting reviewed the minutes and agreed a change in zoning on the Comprehensive Plan is necessary, and 2. Under S -2 District - off street parking and off street loading, it appears parking must be addressed and provided to meet with the codes. 6. DISCUSSION - ADDITIONS AND REVISIONS TO PERMITTED USES IN THE B -1 & B -2 DISTRICTS Mr. Fernandez reported that since Members had not had sufficient time to review the issue on a line by line basis, this item be placed on the next meeting agenda. 8. FROM 4. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE Mr. McClure moved that no action be taken since the applicant did not show. The motion seconded by Mr. Laubenthal passed unanimously. The meeting adjourned at 9:45 P.M. c ritary -5- 6/14/90 Approved Chairman No one.present had seen a copy of the letter sent to Mr. Fernandez from Ms. Macdonald.requesting that this item be removed from the Agenda, apparently the reason being, Biscayne Kennel Club wishes to address this issue at a later date. Ms. Macdonald further is requesting,an opinion of Mr. Pitkin as to whether or not the Comprehensive Plan needs to be amended. In Mr. Fernandez's lengthy. conversation with Mr. Fann, he was advised that the Comprehensive Plan must be amended in order for rezoning to be consid- ered. Further, it is the consensus of the Planning & Zoning Board that this is a Comprehensive Plan issue and a rezoning question as stated in the minutes of the last meeting by Mr. McClure. Brief discussion ensued, concerning the opinion of Mr. Pitkin, valued advisor, Biscayne Kennel Club liquor license, and relating the current information regarding Biscayne Kennel Club to Mr. Commingsong, who had to leave before this report. CURTIS J. HERBERT June 8, 1990 Zoning and Planning Board 10050 N.E. 2nd Avenue Miami Shores Village Hall Miami, Shores, Florida 33138 Dear Sirs: KOPPEN, WATKINS, PARTNERS 8c ASSOCIATES A PROFESSIONAL ASSOCIATION ATTORNEYS AT LAW 700 NORTHEAST 90TH STREET MIAMI, FLORIDA 33138 - 3206 TELEPHONE (305) 754-5442 TELEFAX (305) 757 -6736 ANNEX 7251 NE 2m) AVENUE MIAMI, FLORIDA 33138 TELEPHONE (305) 759-1002 In re: Professional Career Centers, Inc. /Agenda set for June 14, 1990 This office represents Professional Career Centers, Inc., in all matters pertaining to the operation of its school at 9717 N.E. 2nd Avenue, Miami Shores, Florida and 210 N.E. 98th Street, Miami Shores, Florida. A notice of violation was issued for the 98th Street location. Our search of the City's Zoning regulations leads us to the opinion that the basis of the charge of non conforming use, stated in the Notice of Violation arises from a misinterpretation of permitted uses. Professional Career Centers, Inc., is a "Private Technical School ". The designation as Private School is found in Section 9(a) listed under Public Schools. The Notice of Violation is based upon an assumption that Professional Career Centers, Inc., operates a "Private School ", and is required to meet the requirements of that section of the Code of Ordinances, which of course it is unable to do. Closer examination and understanding of the facts make it clear that the effort to apply Section 9(a) to the technical school being operated by Professional Career Centers, Inc., is mixing apples and oranges. The licensing bodies of the State of Florida, governing schools, are as follows: 1. The Florida Department of Education Tallahassee. 2. State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools, Tallahassee, FL 32399 Both Public and Private Academic schools, i.e., those offering prescribed and approved courses leading to scholastic degrees are governed by the Florida Department of Education Tallahassee. Private and Public Technical schools, not offering scholastic degrees are governed by State Board of Independent Postsecondary Vocational, Technical, Trade and Business Schools, Tallahassee. There is a vast difference between a Private Technical School and a Public Academic School. The Public Academic School is that type of school which is set out as a permitted use in the code of ordinances, and allowed within residential zoning on a 2 1/2 acre parcel of land. The reference to "Private School," which follows at this section of the ordinance, setting forth the same requirement as for Public Schools, seems clearly to intend to refer to the same type of scholastic school as the referenced public school. It would be erroneous to identify a "Private Technical School" as a Public or Private Academic School. Since there is no zoning classification which specifically allows a Private Technical School, the application of Professional Career Centers, Inc., based upon hardship, is necessary as the code of ordinances does not contain any zoning classification that allows a Private Technical School. Since such a school is a lawful enterprise, it is entitled to be permitted within some zoning classification. It is respectfully submitted that the "commercial classification" is the appropriate classification permitting a "Private Technical School." On the basis that Professional Career Centers, Inc., is operating its School within a commercial zoning area, it would not seem necessary to seek a variance, to allow its expansion within the same "commercial classification and approval by the Board permitting an otherwise unspecified lawful use i.e., a "Private Technical School," to operate within a commercial zoning classification, seems to be all that would be required. Once the Board accepts that a "Technical Private School" is a lawful enterprise, and is not otherwise regulated by the ordinance, it follows that some classification must be designated for it, which is a different circumstance than that which requires a variance. A copy of this letter is being delivered to the Village Manager with the thought that it may be procedurally necessary to obtain an opinion from the Village attorney as to the matters addressed herein, prior to the Board's June 14, 1990 meeting, rather than to raise at that time what appears to be, in part, a legal matter. RAK /sh Respectfully submitted, KOPPEN, WATKINS, PARTNERS & ASSOCIATES, a Professional Association CURTIS J. ERT, ESQUIRE