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01-25-1990 Regular MeetingMIAMI SHORES VILLAGE January 25, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was field on January 25, 1990 at the Miami Shores Tillage Hall. The meeting was called to order 7:40 P.M. by Chairman Fernandez, with the following members present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr. Robert E. Cook Larry T. McClure Absent: Thomas Laubenthal Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES r January 11, 1990 Mr. McClure moved to approve the minutes of the meeting of January 11, 1990, as mailed, seconded by Mr. Cook, and passed by unanimous vote. 2. REQUEST FOR APPROVAL OF PLANS FOR DUGOUTS MIAMI SHORES TILLAGE 9617 PARK DRIVE Mr. LuBien introduced this request for variance to Sec 225(f). He stated the roof requested is non conforming and this is the only problem he has with the plans. The code calls for gravel or tile roof, neither of which is praticle in this case. He outlined the reasons why these materials are impraticle. included in Members packet was a memorandum from Gail Macdonald, Village Manager giving the reasons for the request and addressing the four criteria for granting a variance. Members also had for review a drawing of the dugouts, included was the plan, front and rear, and typical side eleva- tion and Sec A A. The drawing had been prepared, signed and sealed by a certified engineer, Knezevich & Associates, Inc. Mr. J. D. Varney, Director of Recreation thanked Mr. LuBien and asked the Board to recognize the unique nature of their efforts. The four dugouts will not be unattractive. The site is unique and there are no problems in opening a pandora box in setting a precedent. Mr. Cook agreed the tile and gravel are impraticle roofing materials and agreed with all the comments made and the memorandum. Mr. McClure noted the precedent has been set, since Barry University does have dugouts on their athletic field. In reply to query, Mr. LuBien explained the system of attachment. Mr. Chambers moved to approve the request as submitted, seconded by Mr. Cook. Mr. Fernandez commented, it is not usual for Planning & Zoning to grant variances, and he read the four points required for a variance. Following these comments, the motion passed unanimously. 3. REQUEST FOR APPROVAL OF EXISTING SIGN J. D. HANSON, M.D. 9415 N. E. 6th AVE Mr. LuBien introduced the request giving some background regarding signs in the 0 zoning district. He explained, Dr. Hanson was cited because of a new tenant in the area putting up an unsightly, unlawful, larger sign, which does not conform. All signs in the area had to be cited to avoid prejudicial PLANNING & ZONING BOARD -2- 1/25/90 citation. This existing sign does not conform in that no permit was originally issued, however, it is a small black wrought iron sign and unobtrusive. Mr. Steven Johnson, is the son-in-law of Dr. J. D. Hanson and is rep- resenting him to request approval of this existing sign. Mr. Johnson noted Dr. Hanson has been at 9415 N. E. 6th Ave since October 1966. The sign has been there 23 years, and has never been cited, or complained about. Members looked at pictures of the sign presented by Mr. Johnson, reviewed a letter of request from Mr. Johnson, and a copy of the ordinance regulating signs. Mr. Johnson addressed the legality of the existing sign and the fact that no complaint had been'madein 23 years. He also cited the four conditions for hardship variance. In reply to query, Nt. LuBien noted, the sign, to be within regulation should be smaller and attached to the building. Mr. Fernandez addressed Mr. Johnson's legal argument, stating the arguments are well proferred, but inapplicable here. Mr. McClure clarified also that a variance is not the issue, but approval of an existing sign. Discussion continued concerning the Home Professional Office in Miami Shores, aesthetic harmony of the existing sign, the unattractive signs which prompted this citation. Safety factor of reading the sign while driving by. Approval or disapproval of signs by the Planning & Zoning Board and their responsibility. Some others in the area may request similar consideration, these decisions will be made considering each. individual case. A precedent may be set using the small sign and the lettering as criteria. Mr. McClure moved to approve the request for existing sign as submitted, seconded by Mt. Chambers, Nt. Fernandez noted the individual sign being approved is a sign of black background with white lettering and of minimal dimensions. The vote was taken and the motion passed unanimously. Mr. LuBien explained to lir. Johnson that the request would be heard by Council in February.. Afive minute break was taken, the meeting reconvened at 8:20 P.M. 4. PUBLIC WORKSHOP EVALUATION AND UPDATING THE 1988 COMPREHENSIVE PLAN Mr. LuBien addressed the Status Report as dictated on the phone by Mr. Steven Pitkin. Each Member received a copy of this Status Report and followed along as he went through the outline. All 9 elements of the Comprehensive Plan as talked about in the Land Development Code which is the principle work of 1989 were reviewed. 1. Future Land Use - No historic houses demosished in 1989. 2. Traffic - Barricade program progressing. Sidewalks always in repair or replaced. 3. Housing , A. Annexation cost benefit study. B. Re -occupancy ordinance drafted and under review by P & Z, C. Land Development - Addresses group homes. D. Some kind of housing task force. 3-B. Mr, McClure raised the question there was no re -occupancy ordinance drafted. It had been discussed, but was finally determined to be a licensing matter and no action was taken. PLANNING & ZONING BOARD -3- 1/25/90 in single family residential district, 3-C. As mentioned previously, Mr. Fernandez is opposed to the Group Home concept^ It is morally wrong that the Federal Government shoves it down our 3-D. This task force is mentioned in the Comprehensive Plan. throat. 4. Infrastructure - Sewer issue is under discussion. 5. Coastal - Survey inventory of unsafe structure east of railroad track. This was mentioned at one time. No action was taken. 6. Conservation - Emergency water conservation/Village participation. We are complying with County requirements. There was considerable discussion on this item when questions were raised concerning the recycling program being put into effect. Mr. Steven Johnson stayed for the Public Workshop, and he explained the reason for the front yard pick up. There was a great deal of discussion on this issue, the recycling efforts are commendable, but it was determined the 'methodology is not praticle. Mr. Bundy also commented on the problems of containers being put out and left out in the front of houses. 7. Recreation - 1990 - Recreation department plans for update Administration & Programs. This will be timely if Village pursues annexation. 8. Inter Governmental -- Annexation study mentioned. Land DevelopmentlCode of El Portal and Miami Shores are being coordinated. 9. Capital Improvement - We have had and continue to have improvement program. This then is the outline which.. indicates little has been done to effect any real change in our Comprehensive Plan. Mr. LuBien also included in Members packet a printout of the 1989-1993 Monitoring, Updating and Evaluation Procedures. He read from 1. Citizen Participation, and explained the procedure of submitting a report to the Village Manager and Village Council, and this report may be accompa- nied by amendments, using the normal amendment process. Mr. Fernandez read from his notes concerning_ the Comprehensive Plan and his study. 1. Group homes with 6-8 adults living in a congregate arrangement with employees taking care of them in a strict residential area is not morally correct. It is the law of the land and we cannot by ordinance or zoning preclude it. 2. Reply to his query, axe we built out at this time, the answer was, no, we've lost four lots to recent new construction. 3. There was discussion of page 3.7 - Housing °Element. New activity of the Code.. Enforcement Department and program and explanation from. Mr. LuBien of the cases generated and % of compliance. 4. Page 3.8 Affordability: Discussion continued concerning the promotion of low income housing in Miami Shores. He was not aware of the 120 rental units listed here, and Mr. Fernandez suggested. Mr.. LuBien question Mr. Pitkin regarding this issue. 5. In dealing with the Downtown "Redevelopment" and how it fits in with sewers. It was decided to address this issue as an amendment to the Comprehensive Plan rather than as part of the overall review, in light of the two dates and requiremnets which had to be met by statue in dealing with the Land Development Code, and review of the Comprehensive Plan. The sewer issue is not being avoided, but being taken in its proper order. Mr. Fernandez announced the Land Development Code Public Hearing comes up at the next meeting, February 8, 1990. Mr. Bundy, 269 N. E. 100th Street. As a member of the public present for the meeting, expressed .concern of the Chapter 2 Traffic Circulation Element, page 2.2 - 2.5. Mr. Bundy commented on N. E. 2nd Ave being a speed road, and lights are not properly timed. He has been told that. N. E. 2nd Ave is a main artery, an alternate to I95 and the traffic must flow,. No study has been made, but. Mr. Hernandez of Dade County told him he will send someone out, in spite of this no report has been forthcoming. There is a speed problem on N. E. 2nd Ave. He feels the Village should put pressure on the County for more traffic lights and alternate signaling. PLANNING & ZONING BOARD -4- 1/25/90 Mr. Fernandez requested Jr. LuBien to pass the comments on to Mr. Pitkin and report to Council. The outline form may be approved with the additional comments. He especially noted the comments on the recycling plan under Conservation, as well as the comments on the sewer issue, and the re -occupancy ordinance/a licensing item to be addressed by Council rather than the Planning & Zoning Board. Under 3D - Housing, Mr, LuBien commented, we did have a task force which completed its' in depth study, with recommendations and revision of the code enforcement program. Mr. Fernandez requested each Member be prepared. for discussion on the Land Development' Code Public Hearing at the next meeting. This will include potential rezoning for one area on Biscayne Blvd about 92nd St. (The old Miami Shores Prep School) and the property north of Village Hall to 103rd Street. Two prime areas. There being no further business, the meeting adjourned at 9:00 P.M. �. e/ cre ry •