06-09-1988 Regular Meeting•
MIAMI SHORES VILLAGE
PLANNING & ZONING BOARD MEETING
June 9, 1988
The Miami Shores Village Planning & Zoning Board convened on June 9, 1988,
at the Miami Shores Village. Hall at 7:40 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 (Arrived during discussion on #4)
Thomas Laubenthal
Larry T. McClure
Also present: Frank LuBien, Director of Building & Zoning
1. MINUTES - May 19, 1988
Mr. Laubenthal made a motion to approve, as written, the minutes of the
meeting of May 19, 1988, seconded by Mr. Chambers, and passed unanimously.
2. DISCUSSION - LANDSCAPE ORDINANCE
With permission from Mr. Laubenthal, this item was delayed) and items
3 & 4 were heard next.
3. REQUEST FOR APPROVAL OF BOAT DOCK - BURCH
1440 N. E. 101st ST.
Mr. Tony Royo, President of the Shoreline Foundation presented a revised
set of plans for Members to review. He noted, the boat will sit in a
cradle supported on four pilings. The revised plan shows the dock built
away from the seawall, and meets County producA approval.
Mr. LuBien indicated that when a dock is built beyond a seawall other
agencies regulate. He requested the Board look at it for their approval
because a Miami Shores permit must be obtained before the County will issue
a permit. This item does not need Council approval.
Mr. McClure made a motion to approve the dock as submitted, seconded by
Mr. Chambers, and passed unanimously.
Mr. LuBien requested Mr. Royo bring the plans with him when he applies for
his permit.
4. REQUEST FOR APPROVAL OF WOOD DECK IN SIDE YARD
SUZAN HARDWICKE
240 N. E. 97th ST.
This is a request for a variance fora wood deck in the side set back.
Mr. LuBien enclosed drawings in Member's packet which indicated the 50' lot
is unusual, there is an existing slab built out to within a few inches
to the side property line. Mrs. Hardwicke wants to add the wood deck on
the remainder of the side set back and the area will be fenced in.
Mrs. Hardwicke told the Board., the slab.was there ten years ago when she
purchased the house. She was not aware of the requirement for plans or
the need for a permit until receiving notice. She cut the fence back and
stopped construction to make this appeal. There was never any intention to
deceive and does want to comply. There are vacant lots behind her property
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PLANNING & ZONING BOARD
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which are zoned for parking. She faces 96th St., the Service Station, and
Dr. Stein's office and looks out on the Miami Shores 5 & 10Store, so it
really is a commercial area. Also., she had plans to build a trellis, but
being told, this is not within the code, she abandoned the idea.
Much discussion continued, concerning a barricade on her street, the pro-
tection afforded by her hedge height, and problem maintaining the proper
height, and drainage, also there is a buffer in case of change of hands.
The deck is 8' from the alley and will be 8' wide.
Mr. Rossi explained, it is a structure in the set back and must meet the
requirements for a variance, which he outlined. Mr. LuBien noted, he has
no problem with the request, primarily because of the size of the lot.
Mr. Chambers moved to grant the variance, because of the unusual size of the
lot and the location. Mr. McClure seconded the motion. Discussion continued
concerning water drainage plan, and reasonable use requirement was mentioned.
The motion passed 4-1. Mr. Fernandez abstained since he came in while the
discussion was well under way.
Mr. LuBien explained that the Village Council must approve all variances.
This item will be on their agenda on Tuesday, June 21. She does need to be
present to appeal her request, and Mr. Rossi will be there to present the case.
2. DISCUSSION - LANDSCAPE ORDINANCE
Mr. Rossi, and all other Members commended Mr. Laubenthal on the extensive
and outstanding job he has done on this Ordinance.
Mr. Laubenthal indicated he has reduced .it to a concise form that may fit on
the foldout Schedule of Regulations page of the code book, one column being
added, titled Landscape. This will eliminate much effort and work to the
revision of the book. A considerable amount of soul searching went into his
work. Members concurred that the concept of adding this to the Schedule of
Regulations is an outstanding idea. Much work has been lifted from Member's
shoulders.
Mr. Laubenthal then explainedeach point, section by section. Certain areas
were discussed at length, as Members contributed input concerning these
sections. The areas were broken down and specific minimum criteria for
R-35 to12.5, A-1, B-1, 0, C, B-2 were reviewed.
Much discussion continued regarding type of trees, definition of trees and
shrubs, a definition section will be included and X zone being same as B-1.
Mr. Laubenthal noted this abbreviated Ordinance has been a tremendous under-
taking, he will continue to refine the language with notations from tonights'
meeting. Some wordage will be scratched and some areas will be streched.
Mr. Rossi suggested review at another meeting, after which it will be sent to
the Village Attorney and then to Council for adoption.
PLANNING & ZONING BOARD
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• 5. COMPREHENSIVE PLAN
ROBERT K. SWARTHOUT, INC. - STEPHEN H. PITKIN
Mr. Rossi introduced Mr. Swarthout. Mr. Swarthout stated we are very near
having the Comprehensive Plan complete, the work which remains, is review
by this Planning & Zoning Board, Miami Shores Village Council, and Public
Hearings before the August 1st transmittal to DCA for their review and
comments. Response to their comments and finally enactment of the Plan.
In response to query he stated the statutory requirement notice for Public
Hearing is fourteen days. It would then be referred to Council for review
and subject to revisiorvand their Public Hearing before August 1st. deadline.
Mr. Rossi announced, the date for Public Hearing for the Planning & Zoning
Board will be set later in the meeting.
Mr. Swarthout noted that earlier drafts were sent to. Members, comments and
changes were made. To be reviewed this evening is the latest draft of goals,
objectives and policies for all nine elements, plus the Capital Improvement
Element along with the Land Use Plan Map. This material is the legislative
aspect of the Plan. Each Member, will at the close of the meeting receive
a complete set of the Plan Document. Subject to any Changes, this is as it
will be submitted. Changes have been made with regard to a detailed letter
received from.Mrs. Stofik, concerning possible errors, or omissions and
corrections. Editorial changes were also made. Mr, Pitkin commented, he
had reviewed the Capital Improvement Element with the Finance Director,
Gail McDonald and requested she respond before this meeting, if she had any
problems with it.
Mr. Stephen Pitkin then reviewed the Plan systematically with the Board.
Mr. Pitkin called attention to what seemed the most important substantive
policies because at least half of the items do touch the right things of
the State(DCA) . Adjustments may be made within one year of formal adoption
of this Plan. He requested that any Member might chime in should he have
a question.
Questions were raised concerning certain objectives and policies. Much
discussion took place. Someitems following explanation were left as written,
some verbage deleted and some added,, changes were made, according to certain
letters from Council Members.
Discussed under Future Land Use Element were Objective 1.2, 1.5, Policy 1.6.1,
and Policy 1.6.2. It was determined the map will be corrected and also the
proposed changes will show. Also mentioned here, was the note that all zoning
must be consistant with the Master Plan. Changes may be made by amendment,
which is a lengthy process and may take 4, 5, or 6 months. Much discussion
occured concerning the study and possible rezoning and upgrading the north
end of Miami Shores at Biscayne Blvd.. It was agreed this change or adjustment
can be proposed and included at this time to the Plan, thereby avoiding the
need for amendment later.
Traffic Circulation Element was discussed at length under Policy 1.2.1 and
Policy 1.3.1. It was determined that it is not necessary for the barricades
(temporary or permanent) to be shown on the Land Use Map. Following consider-
able discussion of Policy 1.3.1 Members concurred they wanted this section
eliminated so as to allow a position to bargain back from.
PLANNING & ZONING BOARD
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Housing Element- Policy 1.2.2 was discussed under this heading, and mention
was made concerning the goals set down by the Code Enforcement Workgroup.
Policy 1.3.1 was also discussed. Law requirement was noted under Policy 1.4.2.
Objective 1.6, it was noted this has been established as the Code Enforcement
Workgroup.
There was little discussion under the Infrastructure Element. Coastal
Management Element and Conservation Element were approved. Under Recreation
Element - Policy 1.3.4 will be eliminated. Intergovernmental Element was
approved. Capital Improvement Element was discussed with the Finance
Director. The major expenditures are listed on page 86, under Public Works
and Recreation are not slated to be funded and implemented for the next five
years, but are there to call attention to the fact that these are considera-
tions and should be included in the Capital improvement program. And finally
on page 93, Implementation was approved.
Mr. Rossi clarified the next step required and the Public Hearing date set.
The Public Hearing will be scheduled for Thursday, June 30th. The Planning
& Zoning Board meeting scheduled for Thursday, June 23rd will be cancelled.
There must be 2 notices to advertise the Public Hearing, the first fourteen
(14) days in advance the second five (5) days in advance. Mr. Swarthout
advised Mr. LuBien he will send him a copy of the regulations and verbage
for advertisement, plus a copy of the map, which must be included. Also he
advised a copy of the Plan Document must be made available for any one to
review. To clarify Mr. -Rossi noted the advertisement will appear in the
paper Thursday, June 16. Council willthen review it at their meeting of
July 5, 1988, and then have a Transmittal Hearing. In December it will be
reviewed for the final document.
Mr. Rossi thanked Mr. Swarthout for his efforts, and the good job done to
implement this Plan.
6. Mr. Rossi explained that the Village Council has the perception that Miami
Shores has,a serious problem concerning code enforcement procedure, and to
implement a streamlined procedure appointed a Code Enforcement Workshop
Committee. A copy of the Committee report was given to Mr. Swarthout. Much
discussion occured concerning the Code Enforcement procedures and recommen-
dations. Mr. McClure and Mir. Rossi were on the Committee, and they concurred
the most important element of this item is the recommendation for a Recertifi-
cation Ordinance. Mr. Swarthout.agreed this can have a long term positive
effect. Concerning the: Recertification Ordinance, Mr.Rossi said there will
be many hurddles, and they can be overcome. He requested that Mr. Swarthout
as our. Planner submit a statement of what is covered under his contract and
recertification what is not covered, and a proposal of what the cost would be to the Village
ordiance ) to formulate a linimum houoing code. What this new contract would cover, and
how it could be implemented. Mr. Swarthout commented, the cost to formulate
an Ordinance would be small, the larger cost is in designing the program for
implementation. He will mail a proposal to Nr. Rossi.
There being no further business to be discussed, the meeting adjourned at 11:35 P.M..
PLANNING & ZONING BOARD MEETING -5-
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Approved
6/9/88
Chairman.