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06-30-1988 Public HearingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD MEETING PUBLIC HEARING June 30, 1988 The Miami Shores Village Planning & Zoning Board convened on June 30, 1988, at the Miami. Shores Village Hall at 7:30 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 Absent: Frank LuBien, Director of Building & Zoning 1. MINUTES - June 9, 1988 On Page 4, fourth line from bottom, correction to change'minimum housing code' to recertification ordinance,was called for by Mr. Rossi. Mr. McClure moved to approve the minutes of the meeting of June 9, 1988 as corrected, seconded by Mr. Laubenthal, and passed unanimously. 2. REQUEST FOR APPROVAL OF DIVISION OF LAND WITHOUT PLAT R. L. Blue LOTS 15, 16, & 17 BLK 30 Members received in their packet a copy of Settlement Agreement, Final Judgement, location map and survey sketch. In order to update Members, Mr. Rossi noted that, some time ago the Village passed an ordinance to restrict the referenced two parcels of land on N. E. 96th Street just off 2nd Ave to parking. Case was taken to court)and the Village was ordered to allow division of land without plat to be re -activated. There was no one present to .represent,Mr. Blue or the surveyor. Following brief discussion Mr. McClure moved to approve the division of land without plat, as submitted, seconded by Mr. Laubenthal, and passed by unanimous vote. This decision must also be approved by Council, as pointed out by Mr. Rossi. 3. REQUEST FOR APPROVAL TO ELIMINATE PARKING LOT WALL MIAMI SHORES MEDICAL CENTER 9526 N. E. 2nd AVE. Dr. Maluom Goldsmith read a.statement requesting the requirement for the wall be waived.. Even though it is shown on the original plans, the architect states deleting the wall, will not deminish either property in any way. Further he noted the applied Ordinance 285 was not enforced on the previous owner, and there are other properties around Miami Shores Business District which do not have the wall. Thirdly, crime is prevented by having the open area, the wall. would only serve as a cover for criminals. Mr. Fernandez asked Dr. Goldsmith, how this application differs from the request previously before the Panel. The request was heard, discussed, and denied. What is the new issue, if there is one? PLANNING & ZONING -PUBLIC HEARING -2- 6/30/88 Mr. Rossi indicated the wall was on the Site plan and approved according to Ord. 285. It is on this agenda because the applicant was not at the previous hearing request. Mr. & Mrs. Steven Johnson, owners of the adjacent property were present. Mr. Johnson recounted that, he came down from Atlanta, for the hearing on April 8th, at that time the request was denied. Further, Mr. Johnson stated that, prior to purchasing their home last August, he reviewed the Medical Center Plans, and purchased on the basis the wall will seperate the properties. At that tiin4ie was in school, but they are now living in the home, and have undertaken remodeling and repairs, and cut shrubbery and trees, anticipating the building of the wall so that fruit trees could be planted, and fence installed across the rear of his property. Mr. Laubenthal noted, the intent of Ord 285 for a wall is to protect the adjacent residential property, and maintain integrity for this owner or any future owner. It was further mentioned by Members that, the 5' wall behind what was formerly Mr. J and the wall behind the Everett Building are two most recent examples of the Ordinance enforcement. Also, to be approved, it must meet the four point criteria for a variance. It is the obligation of the Board to follow the Ordinance as it is written. Following other discussion, Mr. Fernandez made a motion to deny the request to delete the masonry wall, seconded by Mr. Laubenthal, and passed unanimously. Mr. Rossi explained the Doctor's right to appeal to the Council. 4. REQUEST FOR APPROVAL OF PLANS FOR SHOPPING CENTER SHORES SQUARE 9007 thru 9023 BISCAYNE BLVD. Mr. Boris Moros, the manager advised Members that the preliminary site plan was approved two years ago. He has received approval from DERM and HRS on the 12,000 sq ft building. The 30 spaces required for parking are provided for,,and set back requirements are met, according to the fact sheet. Members reviewed Plans and Elevations, and signage photographs. Mr. Rossi advised, these plans are reviewed as to harmony, parking, and signage. Mr. Laubenthal suggested moving a ramp, and widen an island to accomodate proper landscaping. Mr. Moros noted the large Center sign, previously approved, will be utilized. Discussion continued on the landscaping, and the elevations. Mr. Fernandez requested the record reflect, recommendations from Staff are accepted, regarding this report. Mr. Laubenthal moved to approve the plans, subject to landscape plans being submitted for approval, motion was seconded by Mr. McClure, and passed unanimously. Mr. Rossi explained to Mr. Moros that. Council will review this on Thursday, July 5th., their regular meeting. PLANNING & ZONING - PUBLIC HEARING -3- 6/30/88 5. REQUEST FOR APPROVAL OF PLANS FOR ALTERATIONS SECOND AVENUE ASSOCIATES LTD. 9700 N. E. 2nd AVE. Members reviewed plans for alterations. Mr. Grau noted the intention is to return one large space to four. (9700 - 9704 - 9710 - 165). This is a request for approval of four stores. There will be a childrens wear store, bakery, Tel Car and one to be announced. The entire exterior will be an off white, and signage will be uniform. One (1) door will be added, on N. E': 2nd Ave. and one on the alley side, interior partitions will be installed, and one new bathroom. It continues to be a one owner piece of property. Mr. Laubenthal made a motion to approve the site plans for alterations pro- vided that working drawings, and signage will be submitted for approval when permit is applied for. Mr. McClure seconded the motion which passed by unanimous vote. 6. REQUEST FOR APPROVAL OF PLANS FOR NEW RESIDENCE LOUIS LEZAMA 420 N. E. 92nd ST. The fact sheet provided in Members packet indicated two parking spaces are provided where one is required, the setbacks required by Code are provided. This is a variance request that the two (2) large gables be wire lathe and stucco over frame. with Mr. Rossi noted he had discussed this4Mr. LuBien, who advised him, the variance to Sec 225, which states all exterior walls must be of masonry construction, is required. Members reviewed plans presented and addressed by the Architect, and a discussion followed. It was noted the charge of the Members is to enforce the Ordinance uniformly. It may be that, the Board needs to go back and address masonry construction. Members concurred, the design is aesthetically pleasing, but does not comply with the Ordinance. Mr. Rossi read from Sec 225, also he read Sec 702 which outlines the four criteria for hardship variance. He noted further that, compliance can be met with a different design, but the roof line cannot be done completely with masonry on this particular house design. Mr. Fernandez noted that, based upon reading of the Ordinances, he regretfully moved to deny the request for variance, seconded by Mr. Laubenthal. Members again concurred, denial is regretful. The quality and architectural style is significant. The motion passed unanimously. Mr. Lezama was advised of his right of appeal to the Village. Council. The Architect indicated he would attempt a redesign to comply with the Ordinance. PLANNING & ZONING - PUBLIC HEARING -4- 6/30/88 7. REQUEST FOR APPROVAL OF PLANS FOR PRESCHOOL CENTER BARBARA WITTE 172 & 174 N. E. 96th ST. By way of introduction, Mrs. Witte stated she is a resident of Miami Shores, has two boys, ages 4 years and 19 months, she spent a numberof years working in Student Administration, most recently employed in the Development office at Miami Country Day School. She then proposed, there is a very serious need for a top quality child care center (infants and toddlers) in the visible business district in Miami Shores. Mr. Rossi explained, this comes before the Board, because 1. scholls are not a permitted use in that zone., and 2. all HRS requirements and standards must be met. Further discussed by Members, but not addressed in the proposal; outside play area, parking, drop off and pick up space, beside being a school. Mrs. Witte noted she erred in calling it a school, because many agencies would then regulate, it will be a full day care facility. Also, there is an en- closed grassy area in the rear for child play. Mr. Fernandez suggested downtown Miami Shores does need this type facility, however the present proposal cannot be accepted in any way, shape or form, and Mrs. Witte may wish to withdraw the request and submit another format. It was Mr. Rossi's opinion that it looks like a school, feels like a school, and acts like a school, it is still a school. Members must be sure to address what it is and the type of facility. To be considered are the impact on the children and theirsafety, the impact on the neighborhood, and impact on surrounding businesses. He then advised that, the Board could act on the proposal as submitted or Mrs. Witte might choose to withdraw the re- quest as submitted. Following input from other Members, Mrs. Witte decided to withdraw her request at this time, thanking Members for their comments, and said she would be back.. A five minute break was taken. 8. PUBLIC HEARING - COMPREHENSIVE PLAN Mrs. Marty Stofik, Mr. Harrington, and Mr. Franklin Grau were present. Members had received a copy of. the Public Notice which appeared in the newspaper, a copy of the Public Participation Plan, and an Executive Summary, of the Miami;. Shores Village Plan was distributed by Mr. Pitkin for the benefit of those who had not had the'opportunity to look at the full Plan. Mr. Rossi introduced Mr. Steven Pitkin, representative for Robert Swarthout, Inc. Mr. Pitkin advised Members, two actions are necessary. First, the Public Participation Plan, ( a one page description of the process acheived with tonights Public Hearing, and the second page stating how this Plan might be amended in the coming years) must be approved by this body, and then by Village Council.. The other action is to approve the Comprehensive Plan draft for Council review, and transmittal to the State. PLANNING & ZONING - PUBLIC HEARING -5- 6/30/88 Mr. McClure moved to adopt the Public Participation Plan, seconded by Mr. Chambers, and passed unanimously. Mr. Rossi suggested that it is not necessary to go over every page of the Document, since that has been done, but he will begin where he has questions and others may jump in. Page 1.1, last sentence of paragraph 3, following discussion on the parking issue, it was the consensus of Members to leave this as is. Page 1.2, paragraph 2, sewage disposal system was discussed at length. Page 1.3, Renewal of Blighted Areas. Remain as written. Page 1,25, Polity 1.1.2. Barricades was mentioned as the pilot project, implementation of plan has begun. Page 1.26, Policy 1.5 & 1.5.1. Mrs. Stofik requested deletion of the number 226 in these two sections, stating that in future surveys other properties will come on line. It was decided to leave the numbers in and add under 1.5.1, any additional properties which come on line. Mrs. Stofik advised Mr. Pitkin she is a Member of the Village Council, and she will devise something for Council on her word processor. She then addressed Polity 1.6.1 on Page 1.26, Special -Multi Use Residential, which she agreed is alright. Page 2.1, Existing Traffic Circulation. Characteristics was addressed. Page 2.5, Table 2.2 was discussed, Mr. Rossi inquired of Mr. Pitkin how the traffic count figures were arrived at.. He requested a copy of the survey report pertaining to the Miami Shores .Area, especially mentioned were N. E. 95th Street and N. E. 107th Street. This information is critical because of the barricade issue. Page 2.6, Policy 1.2.1 mentioned and determined to be ok. Page 3.15, Chapter 3, under Housing Element, Policy 1.4.1 and Policy 1.4.2. This policy must be enacted one year following adoption of the Plan by Council, and that would set the time about the end of 1989, Mr. Pitkin in- formed the Board. Mrs. Stofik questioned the verbage on Page 3.3, Exterior Conditions. Mr. Pitkin suggested the wording be changed, and he will look into this. Page 3.4 Mrs. Stofik noted a typo error, Grand Concourse Apartments, at 421. Also, she noted there is another property in the process of being listed on the National Register of Historic Places. Further in the second paragraph, there is a thematic registration in progress, but the word district should be eliminated. This should be checked with Historic Preservation Board. Page 4.14, Policy 1.1.2 Mr. Pitkin in response to Mr. Rossi said, the time frame for this is ten years. There is no choice, but to leave this in the Plan, also Objective 1.3. Mr. Rossi explained he did not get into the finances, as he was advised at the last meeting that this element has been reviewed with the Finance Director, Gail McDonald, and Nr. Johnson, the Village Manager. Mrs. Stofik addressed Coastel Management Element Page 5.1, under Estuatkne Wetlands, the spoil, -Islands are within the district limits, but are not under our control, and wondered if they should be further identified. Page 5.2, Coastal Areas Historic Resources, the work archeological should be added. Page 6.8, Policy 1.1.2 An incorrect sentence. Page 7.3, which column is the 5 acres north of the Country Club listed? There is some question as to how this land will be classified, Mr. Pitkin indicated he will check on this. PLANNING & ZONING - PUBLIC HEARING -6- 6/30/88 Page 7.5 and tying it in with. Page 7.7 on Recreation. This area previously eliminated will be reworded and left in. (If space becomes available west of N. E. 2nd Ave). Another section deleted, but should be left in. The Recreational facilities should not intefere with the higher residential standard of the neighborhood. To clarify the statements, Mr. Pitkin stated, the activities and recreational facilities would not adversely affect the nearby residential. Mr. Pitkin will review the old wording and correct this. Page 8.5, Policy 1,1..4 Mr. Pitkin mentioned the earlier element mentioned may be on a missing page. Page 9.1, toward the bottom of the page, again mentioning the play facility west of N. W. 2nd Ave to be corrected. Biscayne Blvd frontage between N. E. 91st and 93rd Streets is labeled Multifamily residential as it now is. Mrs. Stofik questioned why the Special Multi -Use Redevelopment Area goes between 91 and 93rd Street, and it should be extended to 87th Street. Mr. Rossi corrected the map to accomodate look- ing into this area. Mrs. Stofik then commended Mr. Pitkin and all his Staff at Robert Swarthout, Inc. for all the work put into the Comprehensive Plan, and the excellent job done. Everyone concurred it is an excellent piece of work. Mr. Fernandez moved to accept the Comprehensive Plan as reviewed and amended at this hearing, seconded by Mr. McClure, and passed unanimously. Mr. Pitkin then explained that Council will need to approve it for transmittal. 9. DISCUSSION - LANDSCAPE ORDINANCE Mr. Laubenthal explained he was unable to do additional work on this Ordinance, and requested it be placed on the next meeting agenda, July 14th. He was complimented for formulating the Ordinance. Mr. Rossi recounted the overall plan for Mr. Grau. 10. DISH ANTENNA ORDINANCE This Ordinance was reviewed and discussed, some questions were raised. Members felt guidance is needed. from the Village Attorney. Mr. Fernandez and Mr. McClure will meet with Mr. Fann for direction to resolve questions. This item Will be placed on the agenda for Public Hearing at the regular meeting of July 28.th.. 11. HISTORIC PRESERVATION ORDINANCE Mr. Rossi explained, he was just given the Ordinance, with the request it be placed on this agenda. Mr. Chambers moved to add it to this agenda, seconded by Mr. McClure, and passed unanimously. Following brief discussion., Mr. Chambers moved to accept the Ordinance as proposed, seconded by Mr. Fernandez, and passed 4-1 (Mr. McClure was out of the room). This item will be scheduled for Public Hearing at the meeting of Thursday, July 28th. PLANNING & ZONING - PUBLIC HEARING -7- 6/30/88 12. LANDLORD LICENSEuORDINANCE It was also requested this item be added to this agenda. Mr. Fernandez moved to place it on the agenda for discussion, seconded by Mr. Laubenthal, and passed unanimously. Mr. Fernandez briefly outlined the work for Members. Since Members had not had an opportunity to study and discuss the issue throughly, it was recommended it be studied and addressed at the next meeting, July 14th. There being no further business the meeting adjourned at 11:30 P.M. • 1 66,4,e1) retAry Approved Chairman