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12-13-1990 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING December 13, 1990 A regular meeting of Miami Shores Village Planning & Zoning Board was held on December 13, 1990 at the Miami Shores Village Hall at 7:35 P.M.. The meeting was called to order by Chairman, Mr. Fernandez, with the following members present: Richard M. Fernandez, Chairman Les Forney Thomas Laubenthal Larry T. McClure Terrell F. Chambers, Jr. (Arrived late) 1. MINUTES - NOVEMBER 8, 1990 The minutes of the meeting of November 8, 1990 were approved, as mailed, by a motion made by Mr. Laubenthal, seconded by Mr. McClure,, and passed by unanimous vote. 1A. DIISCUSSION - DRB DESIGN GUIDELINES FOR SIGNS Mr. Fernandez noted this had been before the Board previously. Barbara Witte, Project Manager, was the only member of the DRB present. Barbara witte opened discussion stating, Signs was the section covered before when the process began in October 1989. Her notes indicated letter height limitation being the only item not agreed on. She preferred to address front footage rather than signage. She then asked if Members had other items they wish to bring to her attention. She also mentioned a discussion on awnings. In response to query from Mr. Fernandez, she noted she sees no change in direction by the DRB so far as design guidelines. Mr. Laubenthal noted his primary concern was the Signage Ordinance, as written, and the idea of Downtown Revitalization Board to, downsize the lettering. Mrs. Witte indicated it is her feeling and recommendation that a larger facade would require larger lettering. In response to query from Wi Mr. Forney, Mrs. explained the origin of design guidelines. Mr. Fernandez asked can the guidelines fit the Miami Shores Village Code? and if not how can they be changed? She indicated signage is changed and improved on an as needed basis. DRB is trying to get away from signs painted on the building. Discussion continuted concerning conformity, standard mounted lit sign, what she would like to see, and hanging signs over walkways. Mr. Fernandez requested DRB discusson be on the next agenda and discussion will be on "Color and Facade". Mr. Fernandez requested Mrs. Witte be pre. pared, at that time to discuss facade alternatives. 2. REQUEST FOR APPROVAL OF C.B.S. PERIMETER WALL GUY E. O'GRADY 9510 BISCAYNE BLVD. Mr. LuBien introduced the request stating the house fronts on Biscayne Blvd. and on Biscayne Blvd. and 95th Street. The pool does need to be fenced in and height must be at least 4' high. There is a recorded Unity of Title. Members received in their packet a copy of Sec 517 of Miami Shores Village Ordinance which deals with fencing of private pools, and fences, walls & hedges. Detail of where the wall will go, and map of the location. REG. MTG. P & Z BOARD -2- 12/13/90 Mr. O'Grady explained the swimming pool stradles the two lots. The minimum requirement to secure a pool is 4' high, and he wants a 5' wall without a drop down to 311'. Discussion among Members concerning Unity of Title, 5' high.wall:circling the property, and harmony took place. Mr. Fernandez gave examples, this is not a variance request, but simply approval for the 5' wall. Mr. Laubenthal moved to approve the application as submitted, seconded by Mr. Forney, the motion passed unanimously. (4-0) 3. REQUEST FOR APPROVAL OF PLANS FOR ALTERATIONS H. B. KONOVER 170/180 N. E. 99th ST This request for a variance was introduced by Mr. LuBien. Members reviewed in their packet a copy of the Site Plan showing the location, proposed partial plan, propose front and west elevation. Mr. LuBien stated there are wood facing windows on the original building and there is a wooden utility building attached to the rear which is non -conforming. The code clearly states that should a building deteriorate 50% or more it must be replaced with masonry construction. This request will change the exterior of the building. Mr. Konover stated he has owned the property about five years, wants to block up a window, and wants to change the design so as to give it an open look and some presence to the building. He is anxious to get on with the work. In reply to query, Mr. Konover stated he had brief conversation with Barbara Witte of the DRB, and knows nothing of the criteria for hardship variance. Members reviewed photos of the building & drawings by DRB Design Committee, as presented by Barbara Witte. There was discussion concerning, he work with DRB on renovation, contention all finishes and effects can be accom- plished with masonry and within the code, window and framing deteriorating and must be upgraded. A five minute break was taken to give Mr. Konover an opportunity to review the hardship variance criteria and look at the DRB drawing. The meeting reconvened at 8:30 P.M. Mr. Konover stating he was just made aware of certain information he needs, and will return with his request. Mr. McClure made a motion to table the request, seconded by Mr. Forney and • carried unanimously. (4-0) Mr. Fernandez instructed this item till be placed on the next regular meeting agenda, provided the material is in the office by Tuesday. 4. DISCUSSION - WRITTEN RECOMMENDATIONS RE: BISCAYNE KENNEL CLUB Mr. Fernandez noted he had received written statements .from Members con? cerning their comments, and had telephone conversation with other Members. The report was written using these statements to fortify Planning & Zoning Board Members position. REPORT TO MIAMI SHORES VILLAGE COUNCIL Biscayne Kennel Club Request for Change in Use December 13. 1990 Submitted by: Miami Shores Planning and Zoning Board PREMISE The Miami Shores Planning and Zoning Board considered the request for a change in use and definition within the S-2 district initiated by the property owner. A public hearing was held on the matter that was well attended by residents. The current S-2 designation is defined as permitting dog tracks and bomb shelters. This use is in essence "grandfathered" as the dogtrack existed before the village was incorporated. If the zone was undesignated today, the village would currently not permit the S-2 zoning or use. The primary purpose of the Village of Miami Shores is defined in Section 101 of the ordinances, that identifies Miami Shores as a single family residential community. All uses not promoting this should be prohibited. (See attached copy of Section 101, Village of Miami Shores Ordinances). RATIONALE A flea market or exhibition hall would be a considerable broadening of the current use. It would in effect create a new commercial district. Local examples of successful flea markets prove that significant traffic problems, noise, litter, fumes and glare result. Adjacent residential property values have declined. There is also some question on the underground economy promoted by some flea market vendors and the image of Miami Shores it will promote. The Board acknowledges that the Biscayne Kennel Club has made every effort to be a good citizen of the Village and a good neighbor to surrounding residents. However, their request for an expanded use in the 8-2 district, for admitted financial reasons, is like a request for a hardship variance for economic reasons. These types of requests are not permitted under our ordinances and are routinely denied. Even when they come from good citizens of long standing in the Village. CONCLUSIONS To permit the requested expansion of uses would in • • effect create a new commercial district. This is contrary to our existing ordinances and not in harmony with the themes, traditions and policies of the Village of Miami Shores. RECOMMENDATIONS The board is unanimous and opposes any new commercial activities within the S-2 district. We recommend to the Village Council not to approve the changes in use as submitted by the applicant. The Board further recommends that the Village Council instruct the Village Attorney to review the circumstances surrounding Dade County's approval of a flea market on a border of the Village of Miami Shores. This review should determine if there exists any legal basis upon which the Village may initiate legal action to have this decision reversed. The approval of his use was apparently over the y/ Planners, the County Building 'dents in the area. It does not appear zoning practices. CHARD'` . FE'' ANDEZ /Chairman, Mi -mi Shores Planning and Zoning REG. MTG. P & Z BOARD -3 - 12/13/90 Mr. Fernandez composed a draft for Members to review, for presentation to Miami Shores Village Council. Mr. Fernandez noted that all Members were saying the same thing in a different manner. Mr. Forney's statement really hit home and most of the document are his comments. Mr. Fernandez further noted that no official or representative of Biscayne Kennel Club is at the meeting, but there were a number of residents present. There was brief discussion on the last/sentence of paragraph two and a word change in paragraph 4. A11 Members likened the request to a hardship variance, for economic reasons. Members concurred it is a well written document and couldn't have been said better. It is a unified and independent consensus of every Member of the Planning & Zoning Board. Mr. Laubenthal made a motion to submit to Council the PLANNING & ZONING BOARD-REPO/00N THE BISCAYNE KENNEL CLUB REQUEST FOR CHANGE IN USE, with minor correction. The motion was seconded by Mr. Forney, and carried by a unanimous vote of Members present (4/0). The document will be presented to Miami Shores Village Council. 5. DISCUSSION a B2 DI•STRICT It was the charge of Council to look at Bl & B2 district. Bl has been oompleted so B2 is to be discussed. In response to Mr. Forney's question, what is the objective? Mr. Fernandez indicated it will be the same as B1, where a permitted use is not speci- fically defined it might be prohibited. There is a request to expand business uses. Business uses in Bl (with much help from Mr. Laubenthal) were expanded realistically taking into account modern business today. Typically businesses allowed in the B1 district will continaie in B2, There was discussion on the veterinary clinic, C District, photo labs, what additions do we want and what have we been asked for? Mr. McClure mentioned the matter on boat lengths allowed, and indicated he will not drop the issue. Mr. Chambers arrived at 8:55 P.M. Mr. LuBien noted roofing materials and boat size need to be addressed. Mr. Laubenthal will again prepare a list for uses in the B2 area. Mr. Fernandez requested procedure be set up at the next meeting for addressing the code. The next meeting agenda will have on it, DISCUSSION REVIEW ON THE CODE'IN ITS ENTIRETY. 6. Mr. Forney suggested that since Mr. Chambers is now present, discussion on the Biscayne Kennel Club comments be reconsidered, so as to obtain a five Member vote. Mr. Forney moved to reopen the discussion of written recommendation regarding the Biscayne Kennel Club, seconded by Mr. McClure, and passed unanimously. REG. MTG. P & Z BOARD -4- 12/13/90 Mr. Fernandez explained the reasoning for the review of comments for Mr. Chambers, and asked if there is any additional matters he wished to add or comment on. Mr. Laubenthal moved to approve the PLANNING & ZONING BOARD REPORT. ON THE BISCAYNE KENNEL CLUB REQUEST FOR CHANGE IN' USE, and submit same to Miami Shores Village Council. The motion was seconded by Mr. Forney, and carried by the five Member unanimous vote. 6. DISCUSSION - REGULAR MEETING - DECEMBER 27 Mr. Forney, Mr. Fernandez, and Mr. Laubenthal will be in town for this meeting. Mr. Chambers was unsure, and Mr. McClure will be unavailable. It was determined there will be a quorum present and the regular meeting, December 27th, 1990 will be held. 7. It was then determined Discussion - B2 District,Code Review will not be on the next regular meeting agenda. The meeting adjourned at 9:10 P.M. • Approved -��/r