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12-10-1992 Public Hearing and Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD PUBLIC HEARING AND REGULAR MEETING DECEMBER 10, 1992 A Regular meeting and Public Hearing of the Miami Shores Planning & Zoning Board was held on December 10, 1992. The meeting was called to order at 7:35 P.M. by Chairman Richard M. Fernandez with the following members present: Richard M. Fernandez Les Forney Cliff Walters Larry McClure Tom Laubenthal Also Present: Mr. Frank LuBien, Director Building & Zoning Mr. Pitkin of Robert K. Swarthout Inc. Mr. Tom Benton, Director Public Works/ Assistant VIIIage Manager 1. Minutes - November 12, 1992 Mr. Fernandez requested to amend the Minutes of November 12, 1992 as follows: Page 2, item 4, next to last paragraph, second sentence, the sentence should read "The Board granted...." the word "approved" is deleted. Page 3, Item 5, first paragraph, last sentence should read; "Mr. Fernandez stated that, In his opinion, Mr. Lengyel did not have the legal right to make a decision for the property owners as the various Issues are presented to the Board." Mr. McClure moved to approve the minutes as amended. Mr. Forney seconded the motion and It passed unanimously. 2. Review of Hurricane Andrew Mr. Benton explained the procedures of the Hurricane Plan that were followed by the Village. Mr. Benton expressed his concerns if a hurricane were to hit Miami Shores directly and suggested to Incorporate some additional precautions Into the already existing plan. His suggestions Included: The recommendation of having a refrigerated truck that would store 3 weeks provisions of food and water for the work force. Better communication with the VIIIage residents, possibly through the VIIIage Newsletter. A debris disposal site. Better communication with Dade County. Possibly have a contract In place for a contractor for downed trees and residential clearing and/or removal and disposal of debris. Better record keeping with regard to FEMA. Planning & Zoning Board meeing - 2 - December 10, 1992 Paint street numbers on the streets Targe enough to be seen from the air so streets could be identified. The tree canopy throughout the Village needs to be controlled. Mr. Benton stated that he and the Village Manager have been discussing the Hurricane Plan and that it will be updated. Public Comments Burt Riney 150 NE 95 Street Michael Maguire 260 NE 95 Street Congratulations to Mr. Benton for a Job well done In clearing the debris. Expressed his concern about a water surge and the removal of the chains from the alley ways. Ms. Gross 1051 NE 92 Street Stated that the tree canopy should be controlled. Mr. Harrigan 260 NE 99 Street Stated that out of state volunteers should be assigned to public activities not the Country Club. Mr. Fernandez called a recess at 8:23 P.M. and reconvened at 8:28 P.M. 3. Request for approval of variance to permit fiberglass shingles. Robert Gross 1051 NE 92 Street Mr. Gross explained that the structure will not support a tile roof and Is requesting a variance to install figerglass shingles. After a discussion, Mr. Laubenthal moved to approve the variance pending the submittal of a letter from a consulting structural engineer. Mr. Forney seconded the motion and it passed unanimously. The Board informed Mr. Gross that the approval of his variance by the Planning & Zoning Board must go before the Village Council for approval. Planning & Zoning Board meeting - 3 - December 10, 1992 4. Request for approval of variance to permit fiberglass shin les. Sharon Manley 50 NW 101 Street Mr. LuBlen explained to the Board that the existing roof was shingled and Is In need of replacement. • Mr. Tonkonogy represented Ms. Manley and explained the structure will not support a tile roof as stated by a registered engineer whose report was submitted to the Board. After further dis- cussion, Mr. McClure moved to approve the variance. Mr. Laubenthal seconded the motion and It passed unanimously. The Board informed Mr. Tonkonogy that the approval of'this variance by the Planning & Zoning Board must go before the Village Council for approval. 5. Request for approval of plans for wood deck In side yard. Charles Southerland Jr. 750 NE 101 Street Mr. LuBlen explained that the unique request of front and side visability of the construction of the wood deck was a concern and that it may not be In harmony with the rest of the area. Mr. Southerland explained that the deck will be in harmony with the area because the tot lot has various wood structures and his property Is adjacent to the tot lot. Mr. Southerland also stat- ed that he would be including a skirt like enclosure around the base of the structure. After further discussion, Mr. Laubenthal moved to approve the plans for the wood deck. Mr. Forney seconded the motion and It passed unanimously. 6. Request for approval of variance to enclose open porch. Alonso B. Mumford 10305 NE 2 Avenue Mr. LuBlen explained that the resident wants to enclose the porch area with French doors to increase and utilize the living space of the home. Ms. Mumford stated that with the porch enclosed, it would pre- vent the elements from entering Into the area and would pro- 411 vide additional living space. Mr. McClure brought to the attention of the Board that the over- head beam to which the doors would be attached Is wood and that the Code specifies it must be masonry. Ms. Mumford stated that the contractor built the home with the wood beam and that to re- move it would create a much more involved process and would be extremely time consuming and costly. After much discussion, Mr. McClure moved to deny the request for the variance. Mr. Forney seconded the motion and the vote was 4 to 1 with Mr. Walters voting NO. Planning & Zoning Board meeting - 4 - December 10, 1992 Ms. Mumford left the chambers. Mr. Fernandez attempted to Inform Ms. Mumford that she has the right to appeal the decision of the Planning & Zoning Board In writing within 10 days to the Village Council. 7. Request for approval of preliminary review of division of land without plat. A. R. Toussaint & Associates, Inc. 171 NW 91 Street Mr. Gamble of A. R. Toussaint & Associates explained that re- search proved there was not enough footage to divide the land Into 3 lots and Is therefore requesting the division of the land Into 2 lots. After further discussion, Mr. McClure moved to approve the concept of the division of land without a plat pending the Village Attorney's approval. Mr. Forney seconded the motion and It passed unanimously. Mr. Fernandez called a recess at 9:45 P.M. and reconvened at 9:50 P.M. 8. Public Hearing - Comprehensive Plan Mr. Fernandez read the notice of public hearing. (Copy attached) Mr. Pitkin of Swarthout, Inc. explained the proposed amendments. Future land use element amendments on: 1. Location of Parking Category 2. Classification of Biscayne Kennel Club 3. Archdiocese Property Infrastructure element amendment relative to water level of service standard. Coastal management element amendment to Incorporate post - disaster redevelopment plan. Mr. Pitkin stated: 1. Change the four sites adjacent to the alleys In back of downtown 2nd Avenue from Single -Family Residential to Parking to match the zoning map so the Comprehensive Plan and the zoning map would match. 2. Change the Future Land Use designation of the Biscayne Kennel Club parcel from Restricted Commercial to Single -Family Residen- tial; this will not Impact the dog racing operation in any way because the zoning will continue to authorize this use. 3. Designate the Archdiocese complex on Biscayne Boulevard as Institutional to match the other church designations. Planning & Zoning Board meeting - 5 - December 10, 1992 4. Change the level of service standard for concurrency purposes for the Village as it relates to water to match the County's concurrency standards. 5. Incorporate a post -disaster redevelopment plan. With regard to the dog track, Mr. Pitkin pointed out one traffic impact point. Traffic generation Is about 410 vehicles per hour during the peak hour of track operation with a capacity crowd but only 150 vehicles per hour (capacity crowd) duri-ng the PM peak hour on adjacent streets, when In operation. To allow potential commercial redevelopment of the dog track which could generate 1,600 peak hour vehicle trips rather than residential which at 132 trips per hour would be about what the dog track now generates (when In operation) would be contrary to this Plan. Mr. Pitkin pointed out this instance In case the dog track ceased operations and was sold for commercial—purls. The impact on the existing residences if a commercial site development was planned Is a main concern. Mr. Pitkin reiterated that the Village is bending over backwards to show the intent to keep the dog track in S-2 zoning. It Is the policy of the Village to support dog racing on the parcel through S-2 zoning and by other means so long as such racing remains In active use. However, should the dog racing operation cease, the Village shall consider a planned residential zoning district option within this density category for the subject parcel. Mr. Pitkin stated that the remaining amendments were explained in depth along with the post -disaster redevelopment plan in the Comprehensive Pian. Public Comments Mr. Clifford A. Schulman represented the Biscayne Kennel Club and stated that changing the zoning of the kennel club property would effect the future of the club. He stated that financial institutions are extremely hesitant to lend money to a business that is a commercial site with an underlying zone change to single- family residential. He also stated that a contractor would have a very difficult time building homes in that area and be In harmony with the rest of the Village because of the way the property backs up to 195. Mr. Schulman suggested one of two alternatives; 1. leave the present land designation alone and correct the scriveners error; 2. look at an innovative Hand use designation, but Instead of a planned residential development, let it be a planned mixed use development. Mr. Schulman also requested that this matter be deferred for further consideration both In conjunction with the land owner as well as the consultant. Planning & Zoning Board meeting - 6 - December 10, 1992 Mr. Burt Riney 150 NE 95 Street Expressed his concern regarding the re- zoning of his neighbors property to a parking zone. Mr. Pitkin responded that the rezoning was necessary to be In compliance with the Comprehensive Pian. Mr. LuBlen explained that If a house was destroyed, it can be erected again in this zone. Mr. Ed WuJclak 460 NW 112 Terrace Objected to commercial development of the dog track property and wants residential development if necessary. Mr. Greg Pecchlo 400 NW 112 Ter Stated the property should be residential if Its necessary to change zoning. Brian Smith 188 NW 110 St Mr. Mark Sell 58 NW 98 St Stated If zoning Is to be single family for the area, that's fine. The Board Is carrying out the Charter of Miami Shores Village and moving in the right direction with single family zoning. Stated the residents should be the primary concern and land should be zoned properly. Mr. Fernandez responded that the residents of the area are strongly opposed to a commercial site development where the dog track now exists. Mr. Laubenthal commented that the Board has looked Into all the economic possibilities for the development of the discussed land. Mr. McClure commented on the need for residential property In Miami Shores and that there Is a need for residential property. Mr. Walters stated his concern for the proper zoning in order to avoid the mistakes made by Dade County In regard to rezoning ad - Joining county land. Planning & Zoning Board meeting - 7 - December 10, 1-992 Mr. Forney clarified that the use of the dog track remains as a dog track as long as It operates as a dog track. Mr. Fernandez suggested because of the late hour this Item be carried over to the next meeting scheduled for January 14, 1993. Mr. McClure moved for adjournment at 11:16 Pte;,. h seconded by Mr. Laubenthal and passed un-nl Veronica A. Galli, Secretary (chard M. Fj'nandez _41.4zinShoteisTsafe NOTICE OF PUBLIC HEARING MIAMI SHORES VILLAGE PLANNING & ZONING -BOARD The Miami Shores Village Planning & Zoning Board will hold a hearing commencing at 7:30 PM on Thursday, December 10th; 1992 at the Miami Shores Village Hall, 10050 NE 2nd Ave., for the purpose of considering the following proposed amendments to the 1989 Village of Miami Shores Comprehensive Plan. 1) Future Land Use Element Amendments on: a) Location of Parking Category b) Classification of Biscayne Kennel Club -c) Classification of Archdiocese property By these amendments, Miami Shores Village proposes to change the future use of land within the area shown in the maps. 2) Infrastructure Element Amendment relative to water level of service standard. 3) Coastal Management Element Amendment to incorporate post -disaster redevelopment plan. Map , PARELJG from 9uugL-Farm . ® 1 Propersdttange * Rand.ewl to Parking 0.t. fou. S: EESIEEI EiREE wtn� �tta= Map 2 DOG TRACK • Proposed Change trete Ra.ttieted Business to SIngl. Fatelb Ros d.ntW 0* ..STM ST 1—. Nw 11tTot ell IOCESE, .� R..ta.auai to t,,.° :'%'y• ALL INTERESTED PARTIES ARE INVITED TO BE AND APPEAR AT THE PUBLIC HEARING HEREINABOVE SET FORTH IN ORDER TO BE HEARD REGARDING THE TRANSMITTAL OF THE COMPREHENSIVE DLAN AMENDMENTS. SHOULD ANY PERSON DESIRE TO APPEAL. ANY DECISION OF THIS 3OARD WITH RESPECT TO ANY MATTER TO BE CONSIDERED AT THIS MEETING, THAT PERSON SHALL INSURE THAT A VERBATIM RECORD ON THE PROCEEDINGS IS MADE INCLUDING TESTIMONY AND EVIDENCE UPON WHICH ANY. APPEAL IS TO BE BASED (F.S. 286.0105) PERSONS WHO NEED AN ACCOMMODATION IN ORDER TO ATTEND DR PARTICIPATE IN THIS MEETING SHOULD CONTACT SCOTT DAVIS, DEPUTY VILLAGE CLERK, AT 795-2208 AT LEAST 24 HOURS N ADVANCE TO REQUEST SUCH ASSISTANCE. •