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12-14-1989 Regular Meetingiami cfhores96llage F L o R ID A DECEMBER 14, 1989 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on December 14, 1989 at the Miami Shores Village Hall. The meeting was called to order ht 7:30 P.M. by Chairman Fernandez, with the following members present: Richard M. Fernandez, Chairman_-�y `J T 'I -I v+ Gi s f 'r. l ei ) etei Robert E. Cook Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - November 9, 1989 The minutes of the meeting of November 9, 1989 were approved, as mailed, by a motion made by Larry McClure, seconded by Mr. Laubenthal, and carried by unanimous vote. Mr. LuBien announced he had a phone call from Katie Sallow explaining that no representative from the Downtown Revitalization Board could attend this meeting. Mr. Cook moved to cancel discussion with the Downtown Reititalization Board (5.1 on the agenda -and reschedule for a later date, motion was seconded by Mr. Laubenthal, and passed unanimously. 2. REQUEST FOR APPROVAL OF FINAL PLANS FOR DISH ANTENNA SCREEN ARCHDIOCESE OF MIAMI 8936 NE 2nd AVENUE 1Mr. Franklin Grau who was to represent the Archdiocese was not present. 11r. McClure moved to table the request for later in the meeting, Mr. Cook seconded the motion which passed unanimously. Mr. Grau came in at this point. Mr. McClure made emotion to remove the issue from the table, seconded by Mr. Laubenthal, and passed unanimously, Members reviewed the plans for screening, as presented by Mr. Franklin Grau. Also in their packet, they had received sketches of the site plan, the proposed screening, elevation, typical panel assembly showing galvanized aluminum panels, and typical section. He noted it Will be supported as indicated by drawings. In response to query, Mr. Grau noted the screening will be fastened with galvanized screws, also the color will match the building codes. 'Mr. Fernandez noted, the size continues to be his concern, as also compliance with the code. He further warned Members to be sure of approval. Mr. Grau further commented that this does comply with the spirit and the letter of the ordinance. Mr. McClure noted the plan does accotplish objective, and he has no problem, so long as the screening is structurally sound. Mr. Cook clarified harmony is being addressed, not structural integrity. Mr. Laubenthal moved to approve the request as submitted, seconded by Mr. McClure, and passed unanimously. Mr. Grau was advised, the request does not need Council review or approval. PLANNING & ZONING BOARD -2- 12/14/89 3 REQUEST FOR APPROVAL OF PLANS FOR DORMITORY BARRY UNIVERSITY 11300 NE 2nd AVE Mr. LuBien introduced the request, stating this is a resubmission of a request approved by Planning & Zoning on October 26, 1989. Thoughts on improvement of the plan occured, and this request is a result. There are changes to the elevation, configuration, and setbacks. Mr. Raul C. Perez presented the plan for Barry University. He noted these changes are enh4cement and improvement. He pointed out aspects of the plan on large drawings of the proposal.. There will still be three buildings with the north end opening to the campus, creating more control over the south property line, The changes to the site plan and elevation are minor. These buildings will be connected to Pxisting dormitory buildings via walkways. There will be column structure entrances, and covered colonades. Air conditioning units have been relocated to reduce the noise factor. Existing landscaping will be embellished, and the landscaped interior courtyard is another plats. This plan will be harmonious with the original campus design. Mr. Laubenthal felt this new plan is a significant departure from the original scheme, but much more attractive. In reply to his concern, that this is much closer to NE 111th Street, he was assured the plan is within the 25' setback requirement.. Mr. Cook noted he supports Barry and its continued growth, however, his home is at the south entrance to Barry on NE 111th Street. He expressed grave concern that these buildings will increase density with no additional parking provided. His circular driveway is already used to turn around, and be fears the active traffic flow will create a real danger. He was assured that analysis on parking had been done, existing parking was identified plus expansion, and it was determined that parking is within the liipi'ts, Arden Doss, the developer, noted the numder of students will not increase, as those occupying these dorms have been housed elsewhere. There are no walkways on NE 111th Street, the south building will serve as a buffer, He further noted there has been no change with regard to opening or closing any street. He also replied to questions on the berm not :he•ngextended. Mr. Perez assured Members, the existing wall is 10' in from the property line and the mature ficus trees will not be disturbed. NY. Chambers arrived at this point (8:06). In response to Mr. McClure's request for elaboration on the air conditioning plan, Mr. Perez noted that each apartment unit will have its own air condi- tioner outside. C8 units will serve each 8 unit apartment building, and he indicated where these units will be placed), The units have been distributed rather than clustered, and there will be considerable landscaping, and no unit will show. Mr. Perez was unahle to produce a drawing of the south elevation as requested. Mr. Laubenthal, following comments on the fine rendering, and presentation, moved the application, as submitted be approved, seconded by NY. McClure. Mr. Fernandez noted his 14 year association with Barry and there being no objection to his vote, the motion passed unanimously. PLANNING & ZONING BOARD -3- 12/14/89 3A. APPREVAL OF PLANS FOR TAKE OUT RESTAURANT SONY J. ELLIE 8825 BISCAYNE BLVD. 1i'r. LuBien introduced the request for the Planning & Zoning Board to review and approve the fast food take out restaurant. All aspects of our regulations, county requirements for DERN and HRS approval have been complied with. Mr. Ellie was present, but had no comments. Mr. Fernandez welcomed Mr, Ellie to Miami Shores, and advised him that we do have strict enforcement of the code as well as zoning requirements. After brief comment, Mr, Laubenthal moved to approve the plans as submitted, seconded by Nr. Cook, and passed unanimously. 4. LAND DEVELOPMENT CODES ROBERT K, SWARTHODT, INC STEVEN PITKIN Each member received in his packet a copy of Niami Shores Village Land Development & Zoning Code. A preliminary draft of revision was reviewed with the Members by Mr. Steve Pitkin. Mr. Pitkin also provided an outline showing the State Statue on one side and the Miami Shores Code response on the other. Also Members had received a printout of the policies of the Comprehensive Plan and where the development code corresponds. He noted the purpose of this review is to conform to State Statues and to implement the Comprehensive Plan. The State goal is to get into a single code in deal- ing with the development of land. The present zoning code will be built on and rearrangedsince, at this time, it serves the Village well. Mr. Pitkin further mentioned the time element involved. This Land Development Code was due in January, however, an extension to the end of March has been requested. Planning & Zoning will hold a Public Hearing, and it must be approved by Council by the end of March. After tonights meeting and the preliminary feedback, he will prepare a new zoning map, and this will be ready for the next meeting. The question was raised concerning potential changes to the Land Developzuent Codes should the NE 2nd Avenue sewer issue go through. Mr. Pitkin replied, the Development Code is based on the Comprehensive Plan, which was enacted about one year ago. If sewers are to be introduced to the Village there must be an amendment to the Comprehensive Plan. Mr. Pitkin suggested that Members proceed to approve.:the Land Development Code tonight and then amend it. The time frame for amendment of the Comprehensive Plan was addressed. The Village Council would first have, a Public Hearing to revise the Plan, it would then go to Tallahassee, about 3 month time lapse, upon return with. State comments, Council will hold a 2nd Public Hearing before adoption. Amendments go to the State, not oftener than twice a year. Mr. Pitkin then elaborated on the following changes and additions to the Code. Page 1, Section 210A - Community Residential Home, this item is now mandated by the State. Pg 1, Sec 211B - Development Permit, Pg2, Article 111, Sec 300 - leading into page 3 enlarging the office district. Paragraph 1, 3, & 4 are obviously expansion to encourage re- development. Paragraph 3 & 4 were discussed further. Pg 4, Div 9, "Subdivisions", Div 11, "Septic Tanks", Div 13, "Community Development Homes" was defined earlier. PLANNING & ZONING BOARD -4- 12/14/89 Pg 5, Div 15, 'iaterfront Land", Pg 6, Sec 906, Change title to Concurrency Management. Cal 2. was elaborated neon (Level of Service Standards). (e) what must undergo review to be sure services are in place. Pg 7:, (d1 'Tiillage measure of level of service. Pg 8, (e) 'Village ability to determine capacity. Pg 9, Sec 907, This is important, it addresses Developer burden. Sec 908, "Rights reservations" Pg 11 & 12, "Certificate of .$e -Occupancy". Draft. This item does not have to be adopted at this time as "Land Development Code" there is no date attached. Mr. Pitkin recommended that at this time concentration be focused on the Land Development Code and the Certificate of Re -Occupancy be addressed at a Separate time and later date. In response to query, Mr. Pitkin elaborated on Pg 2, Article IV, Sec 400, and Sec 406, and on Pg :_.i 202A and 210A. Also in response to Mr. McClure concerning the word processor the Plan was developed on, Mr. Pitkin will provide Disc. Mr. Fernandez stated for Members to consider, the enormous amount of time put in by, not only Swarthout, Inc, but he has been overwhelmed by the amount of work contributed by Members to deal with and develop the Compre- hensive Plan. We must continue to keep in perspective all the issues in dealing with the Land Code, and the direction the Village seems to be heading. Members must do home work, priortise and divide responsibility, all this to be approved by Council before the end of March. Mr. Fernandez will discuss Public Hearing dates with Mr. LuBien. Further to be addressed as separate issues, will be a Sewer amendment, Certification Re -Occupancy, and Professional Residential Office. This last statement dealing with the last three items as separate issue passed by a unanimous roll call vote. Mr. Pitkin noted he will submit a change of draft for the next meeting on January 11, 1990. A Public Hearing could then be scheduled for February. He was thanked for coming down for the meeting. At 9:10 a ten minute break was taken. 6. DICUSSSION - BASKETBALL GOALS Mr. LuBien, by way of introduction, stated the item continues on the agenda from the last meeting. Mr. McClure noted that at the last meeting he handed out information for review. In looking over the code, he recommended an addition to Sec 516 (f) Sub paragraph 1 through at desired or needed. This would be the same area in which we have Satellite dish, and a change in the Schedule of Regulation is required. 1. Definitions. a) and b) was typed in on page 1 with space for detail or change, as may be needed. Other items to be dis- cussed and sub paragraphs to be developed were: 2. Location. 3. Dimensions. 4.' Material. 5. Color. 6. Number. 7. Anchorage. 8. Permit required. 9. `MTintenance. Further Mr. McClure noted this is a place to start, the headings are listed for Members to review, and space for commentsg Comments will be made at the next meeting, the list would then be referred to Mr. Fann, Village Attorney for the purpose of drafting an Ordinance. PLANNING & ZONING BOARD -5- 12/14/89 Members discussed some of the statements made at the previous meeting.as reminder. Mr. McClure clarified his definition. Mr. LuBien reminded Members to consider if the basketball goal is suitable for the front yard. Mr. Fernandez suggested that Members come to a conclusion at the January 11 meeting, and this item be finalized at that time. 7. DISCUSSION - SEWERS Mr. Fernandez opened the discussion, noting this is a carry over, as an amended agenda item, following the Village Council discussion on sewers. The Village Council has since had a meeting, the minutes have not been approved, therefore the resolution adopted is not known. Planning & Zoning has wide latitude in dealing with the sewer issue. The sewer issue is woven deeply into The Comprehensive Plan, Land Code, Zoning, etc. It is a complex issue and must take time. Mr. Laubenthal noted, he was very sensitive to the public outcry at the previous Council meeting. His questions dealt with serving the Community as a whole? Community development? Appearance? Impact? Tax base? He further noted that every aspect must be analized, it cannot be done in haste. He must be totally convinced we need sewers. Mr. Fernandez noted that facts must be applied to conjecture, all arguments must be documented. Due process must be considered. Planning ability of Board Members does exist. He also felt it appropriate to wait for Council minutes to comment further. Mr. Cook commented on the tax base, and he would like to see more discussion by Planning & Zoning on the issue. He feels facts should be put together and in order to assemble the facts financial resources will be needed for mail, documents, etc. Mr. McClure questioned the directive from the Village Manager to Frank LuEien. The reason for this item being on the agenda? As a courtesy to people present, Mr. Fernandez opened the meeting for comments. Henry Everett, 9650 N Bayshore Dr. noted that he has confidence in the Planning & Zoning Board, the issue is where it belongs. Mr. Edgar Bundy, 269_NE 100th St. suggested Members take a long look at the Economy in determining direction. 2. Demographic changes all around us. Are people moving out because of a lack of sewers? Ed Harrigan of 216 NE 99th St. commented on happenings close to home. He questioned the thousands allocated to the Downtown Revitalization Board the past five years. He also made mention of the closing of the Miami Shores 5 & 10c store at 2:00 P.M. on Saturdays, because there is no one on the Ave after that time on Saturday. A survey would prove NE 2nd Avenue not as revitalized as it should be. Members received copies of comments and request from downtown property owners and signed by George A. Frix, Jr. He made no additional comments at the meeting. Mr. George Bennett, 10007 NE 4th Ave, agreed with other property owners, and felt the Planning & Zoning Board will be objective in dealing with the issue. • PLANNING & ZONING BOARD -6- 12/14/89 There being no further business, the meeting adjourned at 10 P.M.. The meeting reconvened. Mr. Cook made a motion to cancel the next meeting scheduled on Dec 28, 1989. The next meeting will be on the next scheduled date of January 11, 1990. Mr. 'McClure seconded the motion which passed unanimously. crxry (fhtel/