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
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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
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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
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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
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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.
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