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05-24-1990 Regular MeetingMIAMI SHORES VILLAGE May 24, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on May 24, 1990 at the Miami Shores Village Hall, The meeting was called to order at 7:3: ' P.M., by Chairman Mr. Fernandez, with the following members present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr. (Arrived 7:38 P.M.) Thomas Laubenthal Larry T. McClure Absent: Robert E. Cook Also present: Frank LuBien, Director of Building & Zoning 1. MINUTES - May 10, 1990 Mr. McClure requested amendment to the minutes on Pg 3, 2nd sentence, the word he referred to Mr. Fernandez, and the last sentence on Pg 3 was amended to read:4This will be a Public Workshop for the Community to give input as to uses in various zones'. Mr. Laubenthal moved to approve the minutes as amended, seconded by Mr. McClure and passed unanimously. Mr. Chambers arrived at 7:38 P.M. Mr. Laubenthal moved and Mr. McClure seconded a motion to move item 8. on the agenda to 4B. The motion passed unanimously. Mr. McClure moved to amend agenda item 6. to read: Discussion - X Rated Bookstores, Video Stores, and Theaters. The motion was seconded by Mr. Laubenthal and carried unanimously. 2. REQUEST FOR APPROVAL OF USE TO ALLOW A CAR WASH JOAO LUCCHESI (7904 West Drive #204, North Bay Village, Fl 331411 HARVEY'S AUTO SERVICE CENTER 8909 Biscayne Blvd Mr. LuBien introduced the request stating, car wash is generally the type of work done at a gas station, but is not specifically listed under permitted uses in the code. He included in Members' packet a sketch of a site plan indicating approximately where the car wash will be. It is in a B-2 zone, and the Occupational License will be seperate from Harvey's. Mr. Laubenthal raised the question concerning site drainage, stating that positive drainage should be a requirement. He has no problem if the property can physically handle the activity. Mr. Chambers asked concerning water recycling issue, (in light of water shortage & restrictions). Mr. Fernandez suggested Members look closely at the application and distinguish. parameters under which it; is being considered. Mr. Chambers moved to approve the request including the comments of Mr. Laubenthal. The motion was seconded by Mr. Laubenthal, and passed by unanimous vote. PLANNING & ZONING BOARD -2- 5/24/90 3. REQUEST FOR APPROVAL OF EXISTING VEGETATION FOR HEDGE COMPLIANCE SEYMOUR C. NASH, M.D. 1685 N. E. 104th St. The case was introduced by Mr. LuB.ien, who included in Members! packet a detail of site location, and proximity of surrounding property and the peculiar arrangement of the lot itself. He also indicated the position of the hedge. Questions will be raised, but Mr. LuBien noted Staff takes the position this is a hedge #1, and two what would be the front of the house and side line abutting property hedge be trimmed to 311' to the front of the adjoining house, on the other side (south) hedge should be trimmed back to 25' setback, the remainder be trimmed to,7'. Mr. LuBien also indicated this case has not been brought before the Code Enforcement Board or the Planning. & Zoning Board. Mrs. Allison Klein, attorney and daughter of Dr. Nash represented him. Mrs. Klein showed photographs of the property taken last week after some trimming. She noted the trees add beauty to the house and have been in place for twenty four years. She read sections of the code (219 & 518) which she said applied to her situation. She further took the position that these plantings are ligustrum trees and not a hedge. Mrs. Klein further requested a hardship Variance. Dr. Nash requested continuance on the violation before Board pending this appeal. He indicated his knowledge complaint. Re wants time to prune the ligustrum trees also requested time to prune the trees. the Code Enforcement of the source of the properly. Mrs. Klein The peculiar arrangement of the lot was discussed, and Mr-. Laubenthal presented a sketch of the ligustrum trees and suggestions on trimming, shaping and in some cases removal. Mr. Laubenthal further noted if selective trimming of the trees is accomplished (it is a problem too easily resolved) he sees no problem. Mr. McClure looked at the property, and he too saw a tall hedge not trees, if the property owner feels trees can be trimmed to satisty the code, and the building.department official, he has no problem, and is not sure that a vote is necessary. Mr. Chambers concurred, there is no problem if the trees are trimmed and pruned properly to conform with the code. Discussion continued concerning unique piece of property in terms of configu- ration, 4' high chain link fence in front, administrative continuance, request to return for a variance, and direction for the Building Official. Mr. McClure moved that inorder for the homeowner. to comply with the recommendation made, that the Planning & Zoning Board Members recommend the Code Enforcement Official give an Administrative extension so that the home- owner can comply. Mr. Laubenthal seconded the motion which passed by a unanimous vote. Mr. Fernandez instructed Mrs. Klein and Dr. Nash as to the action of the Board. PLANNING & ZONING BOARD -3- 5/24/90 4. REQUEST FOR APPROVAL OF DANCE FITNESS PROGRAM NANCY GARCIA 9816-9818 N. E. 2nd AVE. Included in packets to Members was a floor plan of the area to be utilized, notes on the work to be done, and request from Ms. Garcia. Nr. LuBien introduced the request, stating that the only plans he could find to place the item under uses permitted is school. Though schools are not permitted in this zone, precedent has been set in allowing the Gymboree and Fred Astair Dance Studio. Nancy Garcia, 8250 S. W. 30th St., was called upon to address the issue. She has been teaching. in Miami Shores area since January 1986. It is an aerobic dance fitness program, which has been conducted successfully in Dade County for 10 years. There was discussion concerning the difference in conducting a jazzercize fitness program as the Gymboree instruction and education process to earn a degree, and school definition.ersus the, Mr. McClure moved to approve the request as submitted, seconded by Mr. Chambers, and passed unanimously. A five minute recess was taken, at this time. The meeting reconvened at 8:25 P.I. 4 B. REQUEST FOR APPROVAL OF INITATION OF AMENDMENT BISCAYNE KENNEL CLUB 320 N. W. 115th St. The request was introduced by Mr. LuBien. The Kennel Club is zoned (S2) as a dog race track and fall out shelter. Members received a copy of the letters of request, that Section 1001 of the code they are appealing under, and a copy of the proposed ordinance the Club has drawn up. Ms Kay Spitzer, CEO, noted the Track has been a family operation since 1924. She outlined various activities conducted on the premises over the years, and the amount of revenue to Miami Shores, and the good relations with Miami Shores Tillage and Barry University over the years, improvements over the years to the property, and employee funds to Miami Shores Police Department. Ms. Spitzer noted the lottery has decreased revenues at the track 25% and alternative sources of income must be found. Mr. Robert Sechen, attorney with Blackwell Walker was introduced to repre- sent the Biscayne Kennel Club. Mr. Sechen presented proposed drawings of the requested uses. He indicated most of the uses are housed inside the existing building, some are outdoors. They are proposing a flea market, musicals, antique shows, theatrical shows, exhibitions, auctions, circuses, amusement enterprises, etc. Mr. Sechen presented a letter from Cheif Zoovas of the inti Shores Police Department and replied to query. He noted this 31 acre total includes the County land to the West of the track. It is surrounded on the East by Barry University athletic field, on the North is single family residential.- County, and on the South single family residential, Miami Shores, and West - 195. Mr. Sechen could not reply to the question, how is this not spot zoning? Mr. Fernandez asked the question, "What are the proposed uses at the Dog Track, were they to take place simultaneously with the operation of the Dog Track(?" Mr. Sechen replied "they may", to which Mr. Fernandez responded, "they may not". PLANNING & ZONING BOARD -4- 5/24/90 Mr. Sechen agreed. Mr. Fernandez at this Roint made the statement, "therefore it cannot be an incidental use, because th arrack has to be in operation for Mr. Fernandez noted, if we are changing zoning we must look at the them to be Comprehensive Plan, because the Comprehensive Plan does not entail a:. incidental change in use. Mr. Sechen disagreed with the statement. Mr. Fernandez ses." suggested this becomes a legal issue and an opinion from the Village Attorney is necessary. Mr. McClure stated the request for the change in use is so great that it becomes rezoning. Also it is not just a simple a matter, as Other ordinances are to be considered. Mr. Laubenthal concurred, when looking at the intent, the dog track becomes the least significant operation. The Dog Track has been operating in a window of time, and least disturbing to residents.. Co existance with Miami Shores has been good. He had some questions concerning County limita- tions, to which he was told there are none. Mr. Sechen stated that the accessory uses is what they are looking at. Uses was discussed, and complaints mentioned. Mr. McCluxe commented that Pg 1563, Sec 101 tells the charge of the Board concerning zoning issues, and the direction we are coming from. As a courtesy, Mr. Fernandezagreed to hear from some of the members of the Public from the Ni ami Shores area, who wished to speak on the issue. Mr. Carl Commissong, 338 N. W. 111th Terr, stated it was in the daytime and he was at work when the County approved the area west of the track for accessory 'zoning. MT0 ,uBien should have heard some of the complaints. He is concerned with, might be taking place in the future should all this change of zoning be approved. He definitely is opposed. Ms. Betty Jensen, 2 N. W. 111th Street, stated there have been previous problems with the dog track. If approved for rezoning, west of 5th Ave was granted by the County, why are they now making appeal to Miami Shores? Ms. Jenson has no objection with little dogs running around the track certain days per year, but does object to a rock concert. She opposes this spot zoning in Miami Shores and the people of Miami Shores will not appreciate it. Also it will depreciate property values in all of Miami Shores. Peg Carmenate, 305 N. W. 111th St., is opposed to additional traffic, crime factor and noise. She is not in accord with these uses and it is not in accord with changes Miami Shores is trying to accomplish. Stan Taylor, Miami Shores Police Department stated no have been encountered in the past and none foreseen, additional noise problem. A flea market will be good Concerts create no more traffic than the dog track. Ms. Gertrude Doggett, 10.728:N. W. 2nd Ave.. when the track is in session is horrendous, left overnight in front of her home. She & to use a different direction when the track serious problems there will not be any for the Community. MS Doggett stated the traffic illegal:, noisy, and cars are her husband jog, but are forced is in force. PLANNING & ZONING BOARD -5- 5/24/90 Mr. Fairweather, 255 N. W. 111th Terr., if this flea market is allowed he is very much concerned with his home and children:!s future. He is definitely opposed to this change of zoning. Lloyd Smith, 188 N. W. 110th St. Mr. Smith has no problems with the Kennel Club, they have been a good neighbor in the past, he is concerned with the future, and is much opposed to this request. He has lived in the house 45 years. In reply to query, he responded, the Kennel Club was there before. 5. PUBLIC WORKSHOP - ADDITIONS AND REVISIONS TO PERMITTED USES IN THE B-1 & B-2 DISTRICTS AND PROHIBITED USES OF THE ZONING CODE. Mr. LuBien reported that in spite of the fact a display ad was placed in the Neighbors & 214 ;letters sent to all tenants & landlords in the subject district, only two people were present for the Public Workshop. Mr. Fernandez introduced this workshop which is the result of the recommenda- tion from the Business Development Committee followed by adoption of Council of their recommendations. The first of these items to be addressed is the permitted & prohibited uses in the B-1 & B-2 districts. (The N. E. 2nd Ave area, the Biscayne Blvd commercial area and the small area on N. E. 6th Ave.). A copy of the permitted uses and prohibited uses (Sec 501) was included in Members packet. A look at Sec 501 (Prohibited uses) will be add ressed first and proceed down the line. Mr. Fernandez requested a copy of the section 501 be included to Council members along with a copy of the minutes. (a)Brief discussion took place (a) was determined to be ok. (b) There was a change, this section must be reviewed, it seems to be in conflict with other provisions of the code. (c), (d), (e) , (f) and (g) were determined to be ok, and will stand. (h) Planning Board will look at the language in light of previous discussion on animal clinic, veterinary clinics. This was discussed also as kennel facilities, and will be addressed further. (i) The language will be looked at. (j) No change. (k) was discussed at length and it was determined to look at the language of this section. (1) ok as is. (m) (n) this needs to be updated for emergency equipment during an emergency. (o), (p), & (q) are ok. (r)(1) Expansion of boat length. to 26' and height of boat to 10' was dis- cussed at length. Cover for boat and parking of same was discussed. This section will be reviewed. (s)(1) was discussed and will remain. (t) and (u) will also remain as is. (v)(1)(2) & (3) was discussed. This section will remain. Members looked at Mr. Laubenthal's list of uses, and Mr. McClure suggested if the Board dosen't approve of a particular use it may go under prohibited uses. Members looked at a portion of the list and agreed to address the definition of school at another time. Also the size of class will be included. Mr. Fernandez noted there are two =re items on the agenda which must be taken care of. Prohibited uses has been covered, Members will look at per- mitted uses at the next meeting. This item will continue. PLANNING & ZONING BOARD -6- 5/24/90 6. DISCUSSION - X RATED BOOKSTORES, VIDEO STORES, St THEATERS Mr. Fernandez opened discussion noting the possibility of X rated activity in Miami Shores, and the consensus is that Planning is very much opposed to this. included in Members packet were copy of ordinances of North Miami, City of Sweetwater, City of Homestead, andCity of North Miami Beach. Mr. LuBien further was advised the operation dealing pri- marily in x rated material and activity cannot be stopped, the method of dealing with the situation is to regulate the operation. It is appropriate, at this time to address restrictions and request the Village Attorney to draft an ordinance for Planning to look at. The activity is not in keeping with Miami Shores as a residential community. The key factor is Regulate. There was discussion concerning prohibition of Booz, distance to persons using facility, restrictions of distance to schools & churches, and distance to residential property, parking and free standing building. The Planning & Zoning Board will request Mr. Fann to produce a working draft, as restrictive as possible for regulation of listed activity. Mr. Laubenthal moved to direct the Village Attorney to prepare a working draft for consideration for regulation of x rated activities within Miami Shores Village. Mr. McClure seconded the motion, requesting it be post haste. The motion passed unanimously. 7. DISCUSSION - BUDGETARY REQUIREMENTS Mr. Fernandez noted this is based upon one of the requests of the Business Development Committee. It covers items needed by the Planning & Zoning Board to cover costs for the work load and responsibilities placed upon the Board. Specific items: use of land planning, consultants, models, etc. In response to suggestion by "Mr. McClure and comments by Mr. Pitkin, Mr. Fernandez talked with Gail Macdonald, Village Manager who agreed to apply resources. Mr. Fernandez then requested Members to respond, what do you think we need that will cost money. Mr. McClure mentioned Mr, Laubenthal''s talk about a foot print and asked what this covers. Mr. Laubenthal responded this entails: Base sheet that will delineate properties and structures as normally represented in a large survey. This will be continuous• to public & private holding in the B-1 districts. Documentation from the County as to sources available to us. Mr. McClure feels the need to know in dealing with parking 1. The number of off street and number of on street parking spaces, we need to know the parking which is zoned X and XX and how this translates into parking though it is not used for parking. 2. What is the usage? Can capacity be increased? A study is needed. 3. Alternative olutions to processing sewage must be ex- pl;bred. 4. The tax base for the downtown area - who pays & who doesn,t? septic tank) • PLANNING & ZONING BOARD -7- 5/24/90 ust Mr. Fernandez noted based upon the buildable footprint concept there is a need for a physicalmodel. This is a model which do three things. 1. It shall provide a three dimensional representation of what currently exists from 103rd Street to 94th Street. 2. Model be adapted to show if there is a complete Build out under current zoning codes plus what night be developed. (a) Now, (b1 build out, (c) look at changes. 3. Survey - lot line, and outside building configuration. (Much of this may be assembeled fron the property owners.. Discussion further were suggestions of persons to draw up the model and recommendation of a miscellaneous fund. Mr. McClure stated he feels items listed are needed and it is not his intention to think that Staff should put this information together. Mr. Fernandez noted we must look outside Miami Shores for professionals with an objective view. Mr. Laubenthal requested his comments be passed to Council via these minutes. The needs of the Planning Board are to make a complete and responsible evalua- tion of the problem and of the district. It has been made clear that Council, Downtown Revitalization Board and Business Development Committee are dedicated toward future improvements in downtown) and, if down the line Council sees fit to engage professional counsultants to design and develope improvements to downtown or to be able to provide information to developers and encourage them to make improvements in the private secture of the downtown area, the very first thing needed is accurate base data. The request of this Board to get the site survey is instrumental to the success of any program for improvements. What we are asking for today has extensive use far and beyond the intentions of this Board as a productive tool to the community. Mr. Fernandez requesting his note for the record noted, Council and Downtown Revitalization Board are moving ahead on a street scape very quickly. They have a plan down and propose to move rapidly. Planning & Zoning job is not yet complete, but is proceeding as it should. Routing of sewers may not go behind the building, they may go in front of the building, and if this is the case ands the street scape goes in first we have the classic governmental screw up of puttingin street scape, tear up for sewers, and then replace the street scape. He then suggests there be coordination in the implementa- tion and advancement of the street scape with the planning going on in Planning & Zoning addressing sewers and addressing the downtown area. The meeting adjourned at 10:20. • vaa,,I4er;7,e crrtary