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11-08-1990 Regular MeetingMIAMI SHORES VILLAGE REGULAR MEETING & PUBLIC HEARING PLANNING & ZONING BOARD NOVEMBER 8, 1990 A regular meeting and public hearing of Miami Shores Village Planning and Zoning Board was held on November 8, 1990 at the Miami Shores Village Hall. The meeting was called to order by Chairman, Mr. Richard Fernandez at 7:35 P.M. with the following members present: Richard M. Fernandez, Chairman Terrell F. Chambers, Jr. Les Forney Thomas Laubenthal Larry T. McClure Also present: Frank LuBien, Director of Building .& Zoning. 1. MINUTES - OCTOBER 25, 1990 The minutes of the meeting of October 25, 1990 were approved, as mailed, by a motion made by Mr. Laubenthal, seconded by Mr. Chambers, and passed unanimously. 2. PUBLIC HEARING - BISCAYNE KENNEL CLUB The Public Hearing was introduced by Mr. Fernandez who read the Notice of Public Hearing as it appeared in the Neighbors North. Mr. Fernandez welcomed all who came out for the Public Hearing. There was a full house with a number of people in the lobby. There were a number of large home made signs which were held up and then put away. A show of hands indicated about 15 people wanted to speak and he explained comments would be limited to three minutes each. Mr. Osmond C. Howe, Jr. with Mersohn, Sawyer, introduced himself as the representative for Biscayne Kennel Club, he also introduced other repre- sentatives of Biscayne Kennel Club whom he brought with him. Peter Weiner, Kay Spitzer, Carl Spitzer, Jud Kurlancheek, and Michael Milberg. Mr. Howe noted Biscayne Kennel Club has operated in Miami Shores since 1926, zoning is S 2 which is restricted to dog racing and fallout bomb shelter. Biscayne Kennel Club is submitting an amendment to the Ordinance to allow for limited commercial use of the facility which operates as a dog racing track less than four months out of the year, in spite of the fact that it can operate 12 months of the year. Purpose - to expand and to enhance use of the pro- perty. This to follow guidelines and restrictions submitted earlier for consideration. Mr. Howe also requested consideration of a site plan which he said was presented for these proposed uses. He further noted, the ordinance sent earlier had been modified to reflect comments from home- owners in the area. 4. Specialized Retail Trade Shows including auctions, antique shows, & collectible shows. Paragraph 5. was added to include - "Such other uses consistant with the existing facility as may be approved by the Planning & Zoning Board, including special events benefiting educational, cultural and charitable organizations". Biscayne Kennel Club also presented for consideration by Council an agreement with the Village coordinating and restricting; hours of operation, manner of usage, etc.. PLANNING & ZONING BOARD REGULAR MEETING & PUBLIC HEARING -2- 11/8/90 This to be sure all operations are carried out with good citizenship, in an orderly, safe, and clean manner. Biscayne Kennel Club is requesting these changes, so that additional revenues can be generated at times when racing is not in session. Mr. Howe stated the use is for limited commer- cial use - a wholesome activity possible for the facility as it is. Farther, Mr. Howe stated, Biscayne Kennel Club is the largest taxpayer in Miami Shores and has been a good citizen, this situation must be dealt with. Alterna- tives are far less attractive, and the property could even be removed entire- ly from the tax roll. Any and all questions concerning the operation will be answered. Biscayne Kennel Club has made this request and been on this search for a long time, and wants a yes or no answer this evening, or what the perimeter might be, the issue will be pursued diligently. Mr. Fernandez explained this is a Public Hearing, all comments will be taken from the public and Board Members, a written recommendation consoli- dating all comments will be passed on to the Village Council. This process will take four to six weeks. Mr. McClure raised the question concerning approval of the site plan, and review amendment to the Ordinance simultaneously. It was determined that Site Plan approval is inappropriate since:it isnot on this agenda. Mr. Howe disagreed, stating that the Site Plan had been submitted as part of the application. Discussion continued on this issue. In re- sponse to query, how it could be removed entirely from the tax roll? it was noted1by sale to Barry University. In response to Mr. Forney, Mr. Howe stated that, there would not be carnivals nor concerts on the site. Public comments follow: Ed Wujciak, 460 N. W. 112th TERR. Zoning is a powerfultool which can enhance a neighborhood, or be abused. Miami Shores is the way it is because of zoning laws and the ability to en- force them. Biscayne Kennel Club, a gambling operation is attempting to liberalize zoning to allow for commercial use. Claiming financial hardship to increase income at the expense of surrounding residential neighborhoods. In meeting with Biscayne Kennel Club representatives confirmed his and others fears. Zoning & Land Use Plans must be formulated to deal with other contingencies. He urged the Board to reject the proposal. Brian Smith, 188 N. W. 110th St. Mr. Smith addressed the legal threat to the integrity of Miami Shores Village Master Plan, and the promises made by Biscayne Kennel Club. Mr. Smith quoted specific sections of the ordinances. dealing with commercial activity and the flea market as a loosely operated temporary shopping center. Residents are allowed only one garage sale per year, why allow Biscayne Kennel Club one every day. Mr. Smith is strongly opposed to amendment of the ordinance, a radical change is proposedby the applicant. PLANNING & ZONING BOARD REGULAR MEETING & PUBLIC HEARING -3- 11/8/90 Joan Drody Lutton, 167 N. W. 109th St. Mrs. Lutton has lived in Miami Shores most of her life. Her charge to the Board, if so concerned with the neighborhoods and quality of life in Miami Shores that basketball goals are not allowed on houses, how can this amend- ment change be considered? Biscayne Kennel Club could not have gotten this far with their request if this change were .considered in the N. E. area of the Village. Bob Cook, 74 N. E. 111th St. Mr. Cook read from Sec 101 of Miami Shores Village Code which states the objective is to enhance single family residential community. He addressed the use of temporary structure in an ongoing business, outdoor uses, re- quirement of operating license for each vendor, parking criteria, building codes, restrictions of traffic flow, and in Chapter 9 of the Comprehensive Plan the play facility west of N. E. 2nd Ave. Victoria Smith, 188 N. W. 110th. St. Commented Biscayne Kennel Club had been a.good neighbor in the past. Industry is in a slump cycle, but it is not a good neighbor policy to seek financial reward at the expense of ones neighbors. Biscayne Kennel Club should bite the bullet and meet its challenge. The change in ordinance constitutes abusive and pernicious intrusion to the residential community of Miami Shores. Mrs. Smith showed discount signs she found on her door- knob and challenged these be placed east of Biscayne Blvd. Mrs. Smith is opposed to the amendment, she wants the best quality of life Miami Shores has to offer. Gertrude Doggett, 10728 N..W. 2nd Ave. Mrs. Doggett mentioned other problems in the area. She addressed the issue of no sidewalks, traffic -a big problem, growth at Barry University, School Board portables and Dade County Planning & Zoning Department report. A change in this ordinance is highly irresponsible and dangerous. Mrs. Doggett showed tags and tickets she picked up in her yard today. Gloria Urra, 10840 N. W. 2nd Ave. Ms. Urra commented on the kindergarten porposed by the School Board on N.W. 2nd Ave, the signs on N. W. 2nd Ave, and the serious traffic problem and loud speakers already in use. Lloyd Smith, 188 N. W. 110th St. Biscayne Kennel Club is not asking for rezoning, but for certain additional uses under this existing zoning, once this ordinance is amended they can appeal to the courts to have their property zoned commercial in keeping with the permitted uses. This is a very dangerous procedure and there is a legal precedent for this action. Betty Jensen, 2 N. W. 111th St. Mrs. Jensen commented on the traffic and tax issues. She mentioned she has over 700 signatures df Miami Shores residents opposing the amendment. She read the Preamble to her list of signatures. Mrs. Jensen also mentioned that Biscayne Kennel Club is a large taxpayer because they are a large land owner. PLANNING & ZONING BOARD REGULAR MEETING & PUBLIC HEARING -4- 11/8/90 Paul Buechele, 99 N. E. 103rd St. Addressed the zoning of Biscayne Kennel Club and restrictions, Robert Knight, 49 N. E. 108th St. Mr. Knights brief statement addressed declining revenue at the Biscayne Kennel Club. Miami Shores Village is made up of people who live in homes which represent a tremendous investment to them, .,;and when something begins to happen which invades where they live, with noise, undesirable traffic, undesirable people passing by their door, and littering their front yard, you strike. deep in the heart of where people live, and this should be a concern. A recess was taken, the meeting reconvened at 8:42 P.M. Comments fron Members of the Board follow: Mr. Laubenthal was appreciative for significant comments from all. For the cooperation from both citizens and applicants and the concessions made by the Biscayne Kennel Club. Further, Mr. Laubenthal stated he has no problem with indoor related activity. The request seems to focus largely on the outdoor activities, and this is his concern, in terms of noise, glare, and other facets of the code mentioned this evening. Traffic has been a problem in Miami Shores, flow has been directed north & south, and buffers help, the Shores has done what it can do to help. In responseto query from Mr. Chambers, about 60% of the people who live in the immediate area and received certified mail regarding this hearing were present. Mr. Chambers agreed with Mr. Laubenthal, he has no problem with indoor activity at Biscayne Kennel Club, but has a serious problem with outdoor activity. Mr. McClure quoted Sec 101 of Miami Shores Village code which identifies Miami Shores as a residential community. The flea market is a direct con,- flict, and promotes an underground economy. His main objection is to the outside activity, alternative activities do exist. However, as presented, it is his recommendation that Village Council not approve the amendment. Mr. Forney asked the question, why a 15 year agreement is requested from the Village and the County gave only three years. Mr. Howe responded, the 15 years agreement was requested to the County, 3 years was granted, this being an entirely different situation. The Village has a right to review every weekend, but he feels it improper to restrict approval. In his further response to questions from Mr. Forney, Mr. Howe stated Biscayne Kennel Club does want the limited commercial use along with the track which can be operated 12 months per year. The track will be sold if not profit- able, and there will be no increase in traffic then when the track is in session. Mr. Forney noted he has some solid concerns, and suggested a recommendation and answer to Council next week. Mr. Fernandez explained a written recommendation from Board Members will be presented to the Village Council. Mr. McClure, Mr. Laubenthal, and Mr. Chambers agreed it is improper to make exception to call a special meeting, for a special purpose. Mr. Howe requested that it be noted that Biscayne Kennel Club now requests an amendment to the proposal presented to eliminate outdoor use for the Flea Market. PLANNING & ZONING BOARD REGULAR MEETING & PUBLIC HEARING -5- 11/8/90 Mr. Fernandez mentioned Sec 101 of Miami Shores Village Code which identifies Miami Shores as a residential community. He mentioned re, vision of B-1 district and how these changes affect R-1 district. Biscayne Kennel Club does offer Miami Shores its tax base, but not much else. Flea market comments are negative all over. He is concerned with aluminum stalls, crowds;, level of business, type of business, traffic, noise and trash, all contradictory to Miami Shores Village codes and intent. Biscayne Kennel Club making promises just as Joe Robbie Stadium made promises. Flea market is a shopping center, and one must deal with a management company and not with the family. In favor of Biscayne Kennel is a business which has been in Miami Shores a long time, contributed to Miami Shores, aided the police department with overtime work. Mr. Fernandez is also taken aback by the implied threat that the track might operate every day, or that it might be removed from the tax roll if its wishes are not granted. The request is not in keeping with the residential code, and his intention is to vote no. In further discussion, legal precedent was mentioned, spot zoning, Sec 101, Miami Shores uniqueness, single family residential community, elaboration of indoor activity, extensive discussion on expansion of B-1 district, highest and best use being R.-1, economics not being a consideration. Request for use changes are not in harmony and why County approved the request. Miami Shores Village codes were also discussed. Mr. Forney made a motion that the Planning & Zoning Board not approve the Amendments, seconded by Mr. McClure, and carried unanimously. Mr. Fernandez again clarified procedure to submit to Council a recommenda- tion in writing reflecting public comments and comments of the Board. Mr. Howe again requested a vote on the Site Plan and was told the Board has ruled. 3. REQUEST FOR APPROVAL OF DIRECTIONAL SIGNS BISCAYNE KENNEL CLUB, 320 N. W. 115th STREET Mr. LuBien introduced the request stating the Biscayne Kennel Club installed the signs in part of the agreement with the County. Seven or eight are in Miami Shores Village, they are detached signs and must be approved by the Planning & Zoning Board and the Council. The signage is permitted. Mr. Laubenthal has a problem with the Flea Market messages not a directional sign to the Dog Track. He sees an advertising conflict. Mr. McClure noted he is opposed to the activity in Miami Shores and opposed in the County, therefore he is opposed to the signs. Mr. Forney noted the Flea Market is in the County, like it or not, direction must be given for getting there. Mr. Milberg, representative for Biscayne Kennel. Club noted the :signs are generic, he has no objection to removing the signs. Application for permit was mistakenly requested from the County. The intent of the installed signs was to route traffic around the Miami Shores residential area. • • PLANNING & ZONING BOARD REGULAR MEETING & PUBLIC.HEARING 11/8/90 Discussion ensued concerning the flea market being on the County side & the signs should be also. A vote on the issue was requested. Mr. McClure moved to deny the request for the signs, seconded by Mr. Laubenthal, for discussion. Discussion continued, concerning level of signage, signs inperative for order in the area, lawful signs for lawful purpose, intent of signs, signs cannot be approved for a not permitted use in Miami Shores, it was further clarified, the signs are stragically placed to direct traffic to the lots furtherest away from Miami Shores residential area. The vote was called and the motion failed 3/2. Mr. Fernandez and Mr. Forney voted no. Mr.. Laubenthal noted in light of comments made, he application for signs be approved. The motion was would seconded move the by Mr.Forney. In discussion, signs as addressed on Pg 1592, 1593, Sec 504 G, and Pg 1589, Sec Al of Miami Shores Village code were noted and signage clarified, The motion passed by a 4/1 vote. Mr. McClure opposed. It was clarified a vote for the signs is not an endorsement for the amendment change. The process of the written recommendation to Council was again explained. A recommendation was requested from each Member. Mr. McClure explained his opposition to the flea market, the signs and other illegal activity in Miami Shores Village, and we should not make it too easy for Biscayne Kennel Club to succeed. It was suggested the written recommendation to Council very strongly reflect opposition to the flea market activity in Miami Shores Village. Mr. Fernandez requested, DISCUSSION IN B-2 DISTRICT be placed on the next agenda. DISCUSSION - DEB will also be placed on the next agenda, just after approval of the minutes. The meeting adjourned at 10:00 P.M. e tary Approved chard M. Fern z, Ch