Loading...
08-09-1990 Regular MeetingMIAMI SHORES VILLAGE August 9, 1990 A regular meeting of the Miami Shores Village Planning & Zoning Board was held on August 9, 1990 at the Miami Shores Village Hall. The meeting was called to order at 7;35 P.M. by Chairman Mr. Fernandez, withthe following present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr Robert E. Cook Thomas Laubenthal Absent: Larry T. McClure - 'Vacation Also present: Frank LuBien, Director of Building & Zoning Also present were about ten people for the grade school issue, and about 10 people regarding the Biscayne Kennel Club. 1. MINUTES - July 26, 1990 The minutes of the meeting of July 26 were approved, by a motion made by Mr. Laubenthal, seconded by Mr. Chambers, and carried unanimously. 2. REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION JAMES E. GOLDSTEIN, 420 N. E. 95th STREET Mr. LuBien introduced the case stating, the present building has 3662 Sq Ft, the proposed addition is 419 sq ft. which is 20 % less than that allowed. Members received in their packet for review, a copy of the site plan, a sketch of the proposed addition, and south elevation sketch. All construc- tion appears to be in order. Mrs. Goldstein wants approval for the addition. The added space is badly needed, and everything is being done according to code. Following brief discussion, Mr. Laubenthal moved to approve the flat roof addition, seconded by Mr. Cook, and passed unanimously. 3. REQUEST FOR APPROVAL OF A ONE DAY BAZAAR C.C.S. INC, 9900 N. E. 2nd AVE. ( SENIOR CITIZEN CENTER) The request was introduced by Frank LuBien. The letter of request from the Catholic Community Service,was enclosed in Members packet. This is a one day request which may be held annually. Mr. LuBien feels approval should come from the Planning & Zoning Board because it is a function normally held by a Church. Mr. Earl Moreland as representative for the C.C.S., Inc. stated, there are about 90 people involved in this Senior Center wellness group. The govern- ment has cut funds for the Center so they must raise funds by other means in order to continue with parties or activities for the group. In reply to query, Mr. Moreland stated, this is a non profit group desperately in need of these funds, all activities will be held indoors, and there will be no disturbance to neighbors or other businesses. Mr. Laubenthal moved to approve the request, seconded by Mr. Chambers, the motion carried by a 3/1 vote with. Mr. Fernandez dissenting. PLANNING & ZONING BOARD -2- 8/9/90 4. REQUEST FOR APPROVAL OF CHILD CARE FACILITY ADVENT LUTHERAN CHURCH, 10390 N. E. 2nd AVE Mr. LuBien introduced the request stating, this is a change of sponsor or operation. Since Montessori is out of the picture, Advent Luthern Church wants to continue with the facility. In reply to questions from Members, Don Flachmeier, Pastor stated, education is a part of the program. Stating that the Child Development Center is an incidental use, Mr. Laubenthal moved to approve the request, seconded by Mr. Chambers, and carried by a unanimous vote. 5. REQUEST FOR APPROVAL OF REVISED LANDSCAPE PLANS BARRY UNIVERSITY (WEST PIALL PHASE TWO) 11300 N. E. 2nd Avenue The request for these revised plans was introduced by Mr. LuBien who stated that it was determined the previous landscape plans were not appropriate for the area. Members reviewed a full scale drawing of the revision and a picture of the change. Mr. Arden Doss, noted the revisions are: the fountain (in the center court- yard) has been eliminated and replaced with an oak tree and flowers. A seat- ing area is provided around this focus. The eight trees have been rearranged. Mr. Laubenthal noted that since site plan approval the areca palms have seriously degraded. At the time of original approval, it was decided the wall will remain, and no berm required. Screening was and is essential as a buffer for adjoining residents. A 10' tree is the minimum height for County approval, and at least 20 areca palms need to be interspaced to acheive proper screening. Discussion continued, concerning screening for the air conditioners and windows, plants installed becoming dense, and additional foilage. Mr. Doss had no objections to the suggested changes and will comply. Mr. Laubenthal moved to approve the application, as discussed for additional landscaping along N. E. 111th Street and landscaping at the entry point as an extended buffer for N. E. 111th Street. The motion was seconded by Mr. Chambers, and carried unanimously. 5A. REQUEST FOR APPROVAL OF VARIANCE TO ALLOW COMPOSITION SHINGLE ROOF BILL MORELL, 1100 N. E. 91st TERR. Mr. LuBien introduced the case. He stated that there is no need to table the request because Bill Morell is absent. Mr. Morell is requesting a variance for a non conforming roof. A letter from Robert F. Germain, Jr., P. E., Consulting Engineer, signed and sealed by him, attested that the structure will not support a tile roof, was enclosed in. Members packet. The application and the request is according to Code in this situation. Mr. Chambers moved to approve the request for a variance based upon the information presented, seconded by Mr. Laubenthal, the motion passed unanimously. PLANNING & ZONING BOARD -3- 8/9/90 6. REQUEST FOR APPROVAL OF TEMPORARY GRADE SCHOOL BARRY UNIVERSITY, 11300 N. E. 2nd Ave. Ms. Della Hatch, Senior Site Planner was present to represent the Dade County Public Schools, but no representative from Barry University was present. Since it was determined that the lease with Barry University is under negotiation and the Dade County Schools is a restrictive tenant, a represen- tative from Barry University should be present or give permission for a spokesperson for Barry University. In light of this information, the request was tabled, to allow Della Hatch to contact a spokesman for Barry, by a motion made by Mr. Laubenthal, seconded by Mr. Chambers, and carried by unanimous vote. 7. REQUEST FOR APPROVAL OF INITIATION OF AMENDMENT BISCAYNE KENNEL CLUB, 320 N. W. 115th Street Mr. LuBien introduced the request. Included in Members packet were numerous documents relating to the request. Given to each Member this evening was a Memorandum from Mr. Stephen Pitkin, outlining Admendment Proposal #2 for the Dog Track Zoning District. Also Mr. Peter Weiner passed out copies of the proposed Ordinance change requested. (Initiation of Amendment presented about 6 weeks ago, previously. A series of issues was discussed at that time). Members concurred, there was not sufficient time to study these additional documents. Mr. Peter Weiner, 13899 Biscayne Blvd, noted he appears on behalf of the Dog Track to request approval of an amendment to the zoning code of Miami Shores Village. Mr. Weiner read from his prepared document the proposed changes requested in the S 2 District, Ord 270. Mr. Weiner further noted, it is the purpose of Biscayne Kennel Club to expand and amend the zoning code, he requests approval of the Initiation of Amendment so that they may proceed to Village Council for approval. Mr. Weiner was informed by Mr. Fernandez that the legal opinion from the Village Attorney is that this request requires a review and change to the Comprehensive Plan, and a substantial change in use and rezoning takes time. Mr. Weiner responded that in his meeting with the Village Manager, Gail Macdonald, and Mr. Pitkin, Robert K. Swarthoug, Inc, preparer of the Miami Shores Comprehensive Plan, and in subsequent memorandum from Mr. Pitkin the uses requested are within the scope of the Comprehensive Plan. Mr. Weiner read from the memo of August 7, 1990. Mr. Weiner was rebuffed with the note that the changes requested do require review and changes to the Comprehensive Plan. Mr. Fernandez stated, he is very troubled by the request since the radical changes in use by the Dog Track is a policy item as stated by Mr. Pitkin. PLANNING & ZONING BOARD -4- 8/9/90 Much discussion continued concerning the incentive to the Village, the fact the flea market will conduct business approximately 84 days per year, element of persons the flea market will attract, the additional impact on the residential neighborhood. Also discussed was the revenue from taxes, and payments to the police department. No additional services are provided by the Dog Track. Flagler Track, and the tremendous amountof traffic generated on 37th. Ave during flea market days was also mentioned, Ms. Kay Spitzer, President of Biscayne Kennel Club stated, there has been a 25% decrease in revenue from the Track since initiation of the Lottery, in order for Stockholders to realize a return,additional funds must be raised. She maintained the Kennel Club has always been a good neighbor, and no greater impact is iftvisioned as a result of the additional projects. Discussion continued. Mentioned was more revenue from houses on the land, lack of Kennel Club growth and time to review the additional documents. Also mentioned was Mr. Weiner's request to have Mr. Pitkin, expert represen- tative for the Kennel Club, and the Village Attorney meet with the Village Administrators the first meeting in September. Mr. Fernandez stated he is hesitant to the use of Mr. Swarthout or Mr. Pitkin at this time. They have provided recommendations which Members may or may not choose to use them. Should questions be submitted to them it can be done outside of this meeting. These consultants should not be placed in a position of conflict between the Dog Track and the Village. There is no additional benefit to the Village by such action. Mr. Weiner withdrew his request from this meeting in anticipation of being placed back on the agenda another time. Mr. LuBien explained he needs related materials at least eleven days prior to the meeting. As a courtesy, Mr. Fernandez allowed persons in the audience to speak on the issue. Ms. Gloria Urra, 10840 N. W. 2nd Ave. Ms. Urra stated Biscayne Kennel Club has not been a good neighbor. They have done nothing to control the parking of cars on Barry University field, nothing to maintain the exterior of Barry, nothing for the Department of Transportation concerning theentrance or exit ramps leading to the Track. As a representative of Miami Shores Presbyterian Church she personally asked permission to use the track for a boy scout function and was denied. Edwin J. Wujciak, 460 N. W. 112th Terr, stated the Dog Track is a good neighbor for four months a year they operate. However, he sees serious problems with the additional activities. Further he stated, the County Commission approved a flea market west of the track, outside of Miami Shores, against the advise and objection of the Metro Dade County Planning & Zoning Board. Gregory Pecchio, 400 N. W. 112th Terr is greatly opposed to the additional activity and the impact to the neighborhood.. He will submit his letter at the proper time. PLANNING & ZONING BOARD -5- 8/9/90 Bettypensen, 2 N. W. 111th St. Objects greatly to the changes in use, or additional use, and the impact on all of Miami Shores Village. She has a lengthy list of petitions signed by Miami Shores Village residents who are in opposition. These will be presented at the proper time. The meeting reconvened at 9;0.0, following a 15 minute break.. 6. REQUEST FOR APPROVAL OF TEMPORARY GRADE SCHOOL BARRY UNIVERSITY, 11300 N. E. 2nd Ave • Mr. Cook made a motion to remove this request from the table, seconded by • Mr. Laubenthal and passed unanimously. Mr. Fernandez, during the break, and with the Clerk listening in, spoke on the phone to obtain authority for Della Hatch to speak on the issue for Barry University and Dade County Public Schools. This permission was granted by phone by Freddie Ulloa, 20151 N. W. 57th Court, Associate Vice President of Business Affairs at Barry University. Mr. LuBien included in Members packet with other pertinent information, a colored sketch of the portables and their proposed location on the Barry athletic field bordering on N. W. 115th St. This is on the agenda as a result of a meeting attended by representatives of the Dade County Schools, Barry University, Miami Shores Elementary School, Gail Macdonald, Village Manager for Miami Shores Village, Mr. Fernandez and Mr. LuBien. Ms. Della Hatch, Senior Site Planner for the Dade County Public Schools, noted a contract is being negotiated with Barry for a three year maximum, to ease the overcrowding at Miami Shores Elementary School. Other sites had been looked at, this was determined to be the best solution until the addition to Miami Shores Elementary is complete, and the new elementary is built. The student cap on the school was discussed at length. Carol Cortes, Regent Supervisor of the region, and Della Zaher, Miami Shores Elementary Principal both took part in all discussion. The cap issue was discussed at length, and it was noted different schools have different caps. Students are not approved to attend schools out of their boundary. Portables will be moved to another school when no longer needed here. Discussion ensued regarding identifying the boundary, issue of zoning for the area, the State requirement for school being 2 acres with 15' between class- rooms, number of students per classroom building, appropriateness of the construction, parking issue, playground, will portables house Administrative office or a nurse? Moving of students, pick up and drop off points. There is expected to be approximately 25 students per portable, for a total of 250 students plus teachers, etc. Mr. LuBien read from the Schedule of Regulations, permitted uses in S 1, R 1 District. He answered questions concerning Barry University Master Plan and how this request relates to or affects it. Della Hatch stated she does understand concerns, butthis is a unique situation and temporary. She and Mrs. Cortes stated the buildings are expected to be wood construction, roof structure unknown,, a bathroom in each building. The State gives final approval to the site and the lease plans. PLANNING & ZONING BOARD -6- 8/9/90 Some conmients from Members were; A temporary situation beyond one year is permanent, and not in favor of pursuing the lease. This is request for approval, not request for a variance. The issues have not really been clarified. The parking problem has not been fully clarified. Mr. Fernandez read Sec 225 of Miami Shores Village Code. Further it was stated this is a policy decision best made by elected officials. Mr. Chambers stated, this is a single family area, but families with children are moving away, because of the difficulty getting children into school, we must give somewhere. Mr. Art Taylor, 26 N. E. 108th. St. stated there are many questions regarding the parking, parking lots, and cars unanswered. Will the school be able to control dog track parking? The question of buses on No Miami Ave has not been answered. Mr. Taylor is strongly opposed. Terry Howard, Miami Shores Elementary PTA President noted residents in the area are in desperate need of a quality education for its children, and we must provide this with a cap. The buildings are needed. Mr. Laubenthal moved to deny the request as submitted, seconded by Mr. Cook. Much discussion continued, the question was called, and the motion to deny passed 3/1 with Mr. Chambers voting No. The opportunity to appeal to Council was explained. A break was taken at 10 P.M.. The meeting reconvened at 10:05 P.M.. Mr. Fernandez announced the 8. item - DISCUSSION _ Additions & Revisions to Permitted Uses in B-ldistrict, will move to the next meeting. The meeting adjourned at 10:10 P.M. d Q ��/./iU/,�Od% ecre ry