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03-10-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING March 10, 1988 The Miami Shores Village Planning & Zoning Board convened on March 10, 1988, at the Miami Shores Village Hall, at 7:30 P.M.. Chairman Rossi called the meeting to order with the following members present: Robert J. Rossi, Chairman Terrell F. Chambers, Jr. Richard M. Fernandez Larry T. McClure Absent: Thomas Laubenthal Also present: Frank LuBien, Director of Building & Zoning Elly F. Johnson, Village Manager Spero Canton, Mayor William F. Fann, Jr., Village Attorney 1. MINUTES - February 25, 1988 Amendment to the minutes, called for by Mr. Fernandez, was on pg. 5, paragraph 3, line 3; to insert it has between opinion and not. Motion made by Mr. Fernandez to approve the minutes as amended, seconded by Mr. Chambers, and passed unanimously. Mr. McClure made a motion to take item 5 on the agenda next, seconded by Mr. Chambers, and passed. 5. RESOLUTION OF INTENT FOR THE PURPOSE OF AMENDMENT TO OUR ZONING ORDINANCE REZONE N. E. 2nd AVE. FROM SOUTHERN BORDER TO N. E. 94th ST., FROM RESIDENTIAL TO MODIFIED RESIDENTIAL For the purpose of review and update, Mr. Rossi explained that the Planning & Zoning Board had requested the Village Attorney and Staff to prepare a resolution of intent to set a public hearing, date, and time for the purpose of considering amendment to the zoning ordinance. Mr. Johnson gave each Member a copy of the second resolution as drawn up by Mr. Fann, for their perusal. Mr. Fann explained he prepared the resolution after discussion with the Chairman of the Planning Board to determine what exactly is expected from him, since there are only three ways to amend the zoning code. Mr. Rossi explained that the Planning Board is interested in having a hearing for the purpose of receiving input from the owners and neighbors of the property in question, and the public. Mr. Fann then explained to Mr. Rossi that a public hearing can be held without a resolution. If; however the public hearing is for the purpose of constituting the first step toward amending the Ordinance for a particular purpose in a particular way a resolution is necessary. Mr. Fann then cited the most recent zoning case in the Third District Court of Appeals, Dade County, of Machado vs Muscro, and stated that in a case where there is a Comprehensive Plan, as is the case in Miami Shores, this Plan must first be changed before any zoning change can take place. Much discussion continued concerning the Comprehensive Plan. PLANNING & ZONING BOARD MEETING -2- 3/10/88 Mr. Rossi then commented the charge from Council is to look at all buffer zones in Miami Shores beginning with this area on N. E. 2nd Ave., specifically not to use one particular idea. He further noted that Mr. Fann had prepared two resolutions. Also he talked at length with Mr. Swarthout who has pre- pared our Comprehensive Plan update, and was advised that any change to be made, so far as buffer zones, should be looked at as one package, holding the public hearing and incorporate in the Plan, at this time. Mr. Fann defined the different types of public hearing possible, as befit the resources, what might be appropriate and financial limitations. In response to query concerning spot zoning, Mr. Fann noted that Commercial activity in a residential neighborhood cannot be condoned. A change in zoning must encom- pass a great deal of study, it cannot be arbitrary. And again he advised the Comprehensive Plan must first be changed. Mr. Rossi read a paragraph from the Comprehensive Plan, indicating the redevelopment of the Downtown area of Miami Shores is being looked at as an ongoinJstudy. The Plan will be adopted after public hearing, then sent to Village Council for their adoption and then sent to the State. Mr. Joseph Weil made a brief comment that, he is present as representing Barbara North Burton in her request for rezoning a particular piece of property. He indicated that Mr. Fenn is 100% correct in stating that the Comprehensive Plan must be changed. He referred to provision in Chapter 163 which addressed amendment to the Plan and feels that both issues can be taken simultaneously. Discussion continued on the Comprehensive Plan. It was clarified that two (2) public hearings are required to amend the Plan in effect now and since 1979. Once .adopted the Comprehensive Plan can be amended twice a year. Mr. Rossi explained that action needs to time. The Resolution attached to .Zoning motion to adopt. Mr. Fernandez made a motion to adopt the packet, to establish a date and time for rezoning of N. E. 2nd Ave. south of 94th was seconded by Mr. Chambers, and passed There was further discussion. be taken on one. Resolution at this Ordinance 270 failed for lack of a Resolution,, as received in Members public hearing, to consider the St. to El Portal Village, motion unanimously. iIn response to Mx. Johnson's query, as to whether this would be a workshop or a public hearing, all. Members concurred they prefer to follow State Statues and notify all residence within the 500' of the area for a balanced input. Mr. Johnson indicated he is prepared and notices can be mailed in a couple of days. Lists and labels are complete. Barbara North Burton stated she had worked with Gail McDonald, and Mr. LuBien, she has identified all homeowners in the area and legal description of all property obtained, labels are printed and notification is ready. She is however, interested in knowing if following the public hearing the Planning Board can adopt the change to be sent to the Village Council. Again, it was PLANNING & ZONING BOARD -3- 3/10/88 explained the Comprehensive Plan must first be changed. There wasfurther discussion concerning the benefits resulting from the public hearing, etc. Alternatives and procedures which follow. Following continueddiscussion, the public hearing date was set for Wednesday, March 23, 1988, 7:30 P.M.. It was further agreed the regular meeting of the Planning & Zoning Board will be changed to that date also. Members requested the hearing be held at the Community Center. Mr. Johnson will verify the availability of the Community Center for this hearing. 2. REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE MARCUS GARCIA 173 N. W. 94th ST. In the absence of Mr. Garcia, Mr. LuBien presented this request to the Board. He indicated that the only problem he has with the request is that the Plan does not indicate the cut back of the concrete ribbons and the placement of a flower bin or shrubbery to camouflage the change. Mr. LuBien, in response to request brought in plans for the house which show window change had been made. Following further brief discussion Mr. Chambers moved to approve the plans provided that the concrete ribbons,now existing be cut back three (3) feet, and appropriate shrubbery put in place. Mr. McClure seconded the motion, which passed unanimously. 3. REQUEST FOR APPROVAL OF PLANS FOR NEW FAA BUILDING BARRY UNIVERISTY 11300 N. E. 2nd AVE. Mr. Fernandez noted that he will abstain from voting, but will participate in discussion, this because of his affiliation with the University. Mr. Czerniec indicated this request is for the approval for the site plan for the new FAA building just north of the Andreas Business School, on the North Miami Avenue side. Mr. Czerniec then introduced the Architects from Spillis Candela & Partners to review the Plans for Members. The architects showed through drawn and colored chart boards the various elevations of the building. It will be two floors with a tile roof, and colors will be the same as Andreas Business School. In response to questions from Mr. McClure they indicated the building will house Computer Science Dept, Communication Center, TV Studio, Speech Lab, Office of Administrator, and a Computer Lab. In response to further query., Mr. Czerniec indicated that the request for satellite dish antenna is very possible. There is an interest for uplink and downlink, but he cannot be specific at this time. There will be the need since this will be a nationwide staff training, graduate program for training Air Traffic Controllers and research. It is planned to aid the FAA to develope its' mission. Mr. LuBien advised that this plan must be approved by the Village Council at their next meeting, Tuesday, March 15, 1988. Discussion followed. Mr. Rossi advised the Team from Barry that the Satellite Dish Antenna is now being reviewed for use in the Commercial Zone and facility for uplink. Down- link may be approved if it meets our requirements. Hejemphasized that it • PLANNING & ZONING BOARD -4- 3/10/88 must be made very clear that approval of this plan does not constitute approval for any antenna installation, either on ground or roof top mount. Discussion continued concerning the public hearing regarding dish antenna in the commercial zone and uplink/downlink. Also discussed was the parking, which was indicated is adequate. In discussing the Landscape Plan it was agreed that the drawing is not detailed enough and further information is necessary. Mr. Chambers moved to approve the Site Plan subject to presentation of a detailed Landscape Plan, seconded by Mr. Mc Clure, the motion passed by a vote of three out of four with one abstaining. Mr. LuBien explained that this will be referred to the Village Council for their approval at their meeting next Tuesday. Brief discussion concerning public hearing regarding commercial dish antenna and the desire to have the Univers.ity1 at the hearing ensued. represented 4. DISCUSSION RE: AMENDMENTS TO THE VILLAGE CODE TO. ASSIST HISTORIC PRESERVATION There was no one present from the Historic Preservation Board for this discussion. Mr. Rossi noted that the Planning Board has taken the proper steps to add a paragraph to the Code. Section 703, Historically Designated Structures Variance. The Ordinance paragraphfrs composed by the Planning Board along with an amended Ordinance, and,a copy of Definition of Historic Landmark will be sent to the Village Attorney for review, refinement of language, and placement in correct Ordinance form. Correct procedure for adoption will be followed. 6. Members received in their packet a copy of the Comprehensive Plan to date. Discussion followed concerning an explanation of procedure and process of the Plan. The first draft is complete and a calendar or timetable progress report was included with this draft. The old Plan is from 1979. 7. Mayor Spero. Canton returned to the chambers for discussion and clarification on the action taken concerning the rezoning issue. Open give and take session followed. Mayor Canton commended the Board on the action taken. There being no further business to come before the Board, the meeting adjourned at 9:30 P.M. crAtary