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04-28-1988 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING April 28, 1988 The Miami Shores Village Planning & Zoning Board convened on April 28, 1988, at the Miami Shores Village Hall, at 7:35 P.M.. The meeting was called to order by Chairman Rossi, with the following members present: Robert J. Rossi, Chairman Terrell F. Chambers, Jr. Richard M. Fernandez Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - April 14, 1988 Motion was made by Mr. McClure to approve, as written, the minutes of the meeting of April 14, 1988, seconded by Mr. Laubenthal, and passed by a unanimous vote. 2. REQUEST FOR APPROVAL OF NEW USE DALE LEIGHTON 8841 & 8849 BISCAYNE BLVD. Mr. LuBien indicated that. Members received in their packet a letter from Mr. Leighton outlining his request and plans for grocery store operation. Also Members received a set of drawings of the interior and exterior. Mr. ?LuBien noted the only real problem he has with the application is the intention for the store to remain open 24 house per day, which is in con- flict with the Village Code, and he did not notice this until he was pre- paring the packets. Also there is the technical problem as to the accessibility of bathroom facilities to the handicapped. Mr. Rossi explained the code was not readily available for exact hours of operation, however it is believed to be closing hours 1:00 A.M. to 6:00 A.M., also there is the question of bathrooms for the handicapped. Mr. Leighton attended the meeting. He stated he is aware of the provisions for the handicapped, and is willing to comply; also he will be glad to comply with the required hours of operation for Miami Shores Village. It is his intention to have a 7 day week convenience store type operation. Following further discussion concerning parking and signage, which does not present any problems, Mr. Laubenthal moved to approve the request for a grocery store, striking the 24 hour per day, and operating within the normal range of what is permitted in Miami Shores Village. Mr. McClure seconded the motion and it passed by unanimous vote. Mr. Rossi explained to Mr,,Leighton that this request will be reviewed by Council at their meeting on Tuesday, May 3, 1988. 3. REQUEST FOR APPROVAL OF -HOUSE COLOR KATHLEEN McKELVY 444 N. E. 93rd ST. Mr. LuBien explained that this item came to his attention as a result of several complaints. He further indicated the house is partially painted, and no permit was pulled. PLANNING & ZONING BOARD -2- 4/28/88 Mr. Whitney (husband of Mrs. McKelvy Whitney) indicated he is using a Glidden house paint, and the neighbors he has spoken with all indicated a liking for the color. Members reviewed photographs of other properties in the area which Mr. Whitney stated are about the same color, also reviewed was color sample of the intense pumpkin and brown trim he is using, and requesting a variance for. Mr. LuBien advised the Board that the Code states, it shall be in harmony and further there was no permit taken, .therefore no color sample submitted. Members concurred the intensity of the color is not harmonious with others in the neighborhood. It is an extremely bright color; it is possible to tone it down with white paint. Mr. Fernandez moved to disapprove the exterior color, seconded by Mr. McClure. Following further discussion, the motion passed unanimously, with the recom- mendation that the new color be approved by Mr. LuBien before all the paint is purchased. Mr. LuBien gave Mr. Whitney a copy of the Policy Manual and it was explained that he has the right of appeal to Council. Mr. Whitney responded, he only wants to resolve the matter, and is not interested in making waves. 4. REVIEW OF DEFINITION FOR STUDIO Mr. Fernandez, in discussion, indicated he has reflected a great deal, re- viewed various available legal documents and publications and feels difficulties could arise. We do not, at this time, have any conflict issue, there is notiproblem."current on the Mr. Rossi agreed the definition has been in the code book since its' inception, it has been upheld, and this is the first time it was brought up in his six years on the Board. Brief discussion followed. It was the consensus of the Members to move to the next item on the agenda. 5. DISCUSSION - LANDSCAPE ORDINANCE Mr. Rossi prefaced discussion with the statement that the proposed Landscape Ordinance was the first document presented by the Downtown Revitalization Board to Planning & Zoning for action. It was a charge from that Board to look at N. E. 2nd Ave.. only. Thiscan be expanded. This item was delayed because there have been many issues stronger which required attention. Mr. Laubenthal was commended by each Member of the Board on the thorough approach, educational, time consuming, and detailed report and drawings. His presentation was excellent, all agreed. Mr. Laubenthal opened his comments by relating his discussion with, and the input and concerns of Tom Benton, Director of Public Works Department. PLANNING & ZONING BOARD -3- 4/28/88 Mr. Laubenthal then noted the intent of Landscape Codes, and the necessity for same. He proceeded to outline the many definitions and standards. From definitions we went on to Districts and District Map, and Sec to be developed. There was considerable discussion on the Establishment of Regulations and Supplimentary Regulations, described as the real guts of the Code. Attention was focused on R -Churches and landscaping requirements. Other areas to be covered are; Special Approvals., Errors & Variances, Appeals, Administration and Amendments. There was considerable discussion on all aspects of a Landscape Ordinance. It was noted that no landscaping is an indication of a dying town, and the need to take action. Members agreed that following presentation by Mr. Laubenthal, they are better educated and better prepared to reflect on the items discussed. It was further agreed that Mr. Laubenthal will continue to edit his document, make it more concise, and that it will be placed on the next meeting agenda for further review. Mr. LuBien made copies of the Downtown Revitalization Board landscape document for each Member...this also will be reviewed and open for discussion. Mr. Rossi and Mr. Laubenthal will report on the Board's deliberations, and progress at the Council meeting, Tuesday evening. 6. Mr. Rossi noted, though not on the agenda, Council has requested that the Planning & Zoning Board look at the north boundary of Miami Shores at Biscayne Blvd. This includes the motel and vacant lots, zoning A-1, multi family, and A-2, motel. This area may need rezoning, and at least cleaned up. Mr. Rossi requested this item be placed on the next Planning & Zoning Board agenda. 7. Chairman Rossi requested Staff to check on the progress of the two ordinance requests sent to Mr. Fann's office. Namely: The Sattelite Dish Antenna, and the Historic Preservation. 8. In other action, Mr. Rossi requested, the Secretary call him as soon as the minutes are ready, so that he can review and be properly prepared when he attends Council meetings. 9. REVIEW ON CODE ENFORCEMENT WORKSHOP_. Mr. McClure and Mr. Rossi atteneded this meeting alongwith other volunteers and appointees. Mr. Rossi reported that the workshop was upbeat and positive. Problems were reviewed. It is the perception that Miami Shores Code Enforcement is tough, but does not live up to this image. Further discussion centered on the need for an additional Code Enforcement Officer, another Secretary and a Professional Planner. Mr. McClure commended Staff for the fine job done with minimum help, and focused on the 2 or 3 most important changes to be made in Code Enforcement. He also commented that the mostimportant issue to be reviewed and accomplished in 1988 should be PLANNING & ZONING BOARD -4- 4/28/88 a look at the idea of a Certificate of Occupancy for all new occupancies, this is a very important issue. There being no further business to be discussed, the meeting adjourned at 10:00 P.M. • • 641< 1 cre /ary • Approv