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06-22-1989 Regular MeetingMIAMI SHORES VILLAGE June 22, 1989 The regular meeting of the Miami. Shores Village Planning & Zoning Board was held on June 22, 1989, at the Miami Shores Village Hall. The meeting was called to order at 7:35 P.M, 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 - June 8, 1989. A correction to the minutes of June 8, 1989 was made on page 3, line 3, the word requirement was corrected to read request. The minutes were approved, as corrected, by a motion made by Mr. McClure, seconded by Mr. Chambers, and passed unanimously. 2. PUBLIC HEARING - ORDINANCE AMENDING SIGN, ORDINANCE TO INCLUDE GOVERNMENTAL SIGNS WITH INCIDENTAL SIGNS (SEC 239) a Mr. Rossi read the Ordinance by title, and upon request from Mrs. Jensen, he read the Ordinance to be amended., and then as amendment is proposed. Mrs. Betty Jensen, 2 NW 111 St, attended the meeting and in response to Mrs. Jensen, Mr. Rossi explained., the Village Attorney felt that Sec 239(a), of Ordinance 270 was somewhat ambiguous as to where governmental signs would fit in, in contrast to "Incidental" and "Advertising". The purpose is actually to clean up the Ordinance. Mr. Rossi further explained, Mr. Fernandez had lengthy talk with Mr. Farm, and helped with rewriting. Mr. Fernandez concurred the change is to clarify some ambiguity which existed in interpretation of two separate sections of the ordinance. It had been the consensus of all that the change is necessary to clarify the matter. Mrs. Jensen expressed her concerns concerning sign limitations. She felt the change is being made to.allow for the one particular marque. Also discussed were attempts to place.a "marque" at the Grand Concourse intersection. There was considerable discussion at'the last Council meeting concerning location of the sign. The reason for the amendment has nothing to do with the sign location. Discussion was limited to the Ordinance amendment. Mr. McClure moved to recommend the Ordinance, as submitted, be sent to Village Council for their review and acceptance, motion seconded by Mr. Chambers, and passed unanimously. 3. DISCUSSION - PLAYGROUND EQUIPMENT Mr. Rossi stated, this item appears on the agenda at the request of the Village Council, since there is no place in the Ordinance which directly addresses playground equipment, (swings, gymnastic equipment, slides, basketball or recreational type equipment). PLANNING & ZONING BOARD -2- 6/22/89 Mr. Fernandez began discussion by stating Members had a good deal of difficulty with the issue, which first camp up as a result of a request for a skate board ramp. The question is then raised, what is playground equipment, what is a structure? Sec 205, Sec 225, and intent of Sec 501 J of Miami Shores Village Code of Ordinance were discussed. Mr, Fernandez further noted the previous conclusion of the Board is correct. Discussion continued on the intent of the ordinance as written by Miami Shores founding fathers. Also discussed changes in types and sizes of playground equipment. Mr. Laubenthal explained.. Dade County Product Approval regulations. Liability to the Village when permitting is allowed. In depth discussion continued, should: playground equipment be defined specifically or should a situation be created where a necessary and wanted .vacuum is present. Mr. LuBien mentioned the neighboring municipalities he contacted have nothing addressing playground equipment. There doesn't appear to be need for a change when a request is made once in the fifty; year history of the Village. Comments were also made about family use, setbacks, interest. Basketball hoops were discussed at length, and regulations explained by Mr. LuBien. Mr. McClure pointed out that on page 1565, Sec 202 and Sec 205, two definitions apply and are all inclusive, as they read, they include playground equipment. Mr. Fernandez noted the perception that Miami Shores does not allow playgroittid equipment is untrue, It is allowed, but not specifically mentioned, and Miami Shores Village is not alone, as evidenced by research by Mr. LuBien. Mr.. Laubenthal is not in favor of adding definitions or limitations unless demanded to do so by Council, and taking into consideration liability to the Village. Mr, Wendelin, 53 NE. 98 St., attended the meeting, he feels his request for the s'kate.board ramp. is being. thrown into a grab 'bag and he wants to pursue. He stated he understands.where the Members are•eoming from, but he wants a ruling from:the Planning & Zoning Board that .his type of equipment is not permitted. The liability issue, he said, was not raised before. Mr. McClure further stated, he was absent from the meeting when the request .was brought before. the Board, even so he has come to the conclusion that the structure in question fits the definition'of a building. He suggested, Mr. Wendelin especially read Sec 205 of the code, if he has not done so. Mr. Rossi announced that all Members of the Planning & Zoning Board, after in depth discussion, have determined, no action is necessary. A five minute recess was taken. 4. DISCUSSION STATUS>OF LANDSCAPE ORDINANCE Mr. Laubenthal noted he did have a meeting with. Mr. Fann. It was agreed this is a significant item, and Mr. Fann gained appreciation >for the work put into it by the Planning & Zoning Board. Mr. Laubenthal further stated that he went through the definitions A Z, and answered Mr. Fann's questions, and explained intent. He will need at least two more meetings with Mr. Fann to get thru the entire Ordinance. Mr. Fann did understand and recognize the format laid out and was respectful of same. Planning & Zoning has not yet, but needs to search out certain language and: place in legal form. Points of impact were touched on, if it would be retroactive, grandfathering, implement tation, etc. PLANNING & ZONING BOARD -3- 6/22/89 Mr. Rossi thanked Mr.. Laubenthal for all his continued efforts in com- piling the Landscape Ordinance, and his meetings. with Mr. Fann, He suggested that once they have completed their meetings and work, the Ordinance be returned to the Planning & Zoning Board for review, and proper action. Mr. Fernandez noted that at the last Council meeting, which he attended, Mr. Fenn commented on the complexity of the Ordinance. Mr. i'ernandez further noted, he does not feel it so complex, and Mr. Laubenthal should be commended on his brilliance in coming up with what will be a simple system to administer. He is concerned with comments from Council Members that we may have an.Ordinance so complex as not to be.understandable by the general public, he wants to emphasize, it is not a complicated docu- ment. It is brilliant in its simplicity as designed by Mr. Laubenthal, who should receive much.credit for his efforts. We must keep in mind it is not the complexity, but the major impact on the community as a result of the Ordinance. ELECTION OF CHAIRMAN Mr. Rossi announced, this is his last meeting. His resignation from the Planning & Zoning Board,as submitted to Council, has been accepted. Mr. Rossi prefaced his comments, explaining the seriousness of the Chairmanship and outlining some of the obligations, and duties of the job. He mentioned time consumed, the many phone calls from Village Council Members, staff, and residents. Preparation before meetings, knowing the code and ability to interpret and make decisions accordingly. Attendance at Council meetings. He urged anyone unable to accept. the commitment, should think twice about accepting. Nr. Rossi continued, the Planning and Zoning Board is a:good Board, able to handle all situations and enjoys a good relationship with the Council and .Staff. He further noted the election of Chairman was requested for this meeting so that he might participate in the process. Mr. Rossi then requested nominations. Mr. Laubenthal nominated Mr. McClure, stating, he has significant amount of experience on the Board, he is impressed with his preparedness for each item and feels he has the ability to lead discussion. Mr. McClure declined, commenting, he appreciated the confidence. He failed to reapply to the Board., whenhis term was up, until the last minute, because his work hours are long, and he would be unable to prepare asHhe would like for the kinds of things that are required. Mr. McClure nominated Mr. Fernandez, seconded by'Mr. Laubenthal. Mr. Rossi asked if there were other nominations. Mr. Chambers moved to close nominations. Mr. Fernandez noted heis flattered, considering other. Members are more senior, he appreciates the confidence, and is frankly surprised. PLANNING & ZONING BOARD -4- 6/22/89 Discussion,ensued, concerning seniority not being an issue, and the fact that Mr. Fernandez's legal background has:been a. valuable asset to the Board. The motion to close.nominations was seconded by Mr. Laubenthal, and passed unanimously. The vote for Chairman was called and Mr. Fernandez was elected by a unanimous voice vote. Mr. Fernandez abstained, Mr. Fernandez commenting that. Mr. Rossi. has served the. Community and the Board well felt it appropriate for him to open and close this meeting. Mr. Rossi was. commended by each Member of the Board and Staff, in turn. The pleasure and honor it has been to work with Mr. Rossi, was mentioned, Miami Shores Village.will.miss his leadership role and valuable expertise. The influence and.guidance he always provided and harmony maintained. Mr. Rossi will be sorely missed by all and it is hoped he will return to Miami Shores Village soon. It was also stated that consistently the Planning and Zoning Board by and large is the best. Mr. Fernandez mentioned the mix of the Planning & Zoning Board by Profess- ion. He also noted that Mr. Rossi is a Construction Contractor, and that Council consider this information when making their decision to replace Mr. Rossi. Mr. LuBien announced the Council will present Mr. Rossi with a special plaque, at their meeting on Wednesday, July 5, and he urged each Member to attend. There being no further business, the meeting adjourned at 9.00 P.M, s024.tf_o) a„p/al •