Loading...
01-14-1993 Regular MeetingMIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING JANUARY 14, 1993 A regular meeting of the Miami Shores Planning & Zoning Board was held on January 14, 1993. The meeting was called to order at 7:40 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 of Building & Zoning Mr. Pitkin of Robert K. Swarthout Inc. 1. Minutes - December 10, 1992 Mr. Laubenthal moved to approve the Minutes of the December 10, 1992 meeting as submitted. Mr. McClure seconded the motion and It passed unanimously. 2. Request for approval of change of address Anthony De Lucca 10115 Biscayne Blvd Mr. LuBien reported that Mr. De Lucca withdrew his request. 3. Request for approval of variance to permit off street parking on the swale. Fred Bender 199 NW 93 Street Mr. LuBien reported that Mr. Bender had a death in the family and requested to be placed on the agenda for the next meeting on January 28, 1993. Mr. Walters moved to place this Item on the next agenda. Mr. McClure seconded the motion and It passed unanimously. Mr. McClure made a motion to change the order of the agenda to move Item 4 to Item 5 and Item 5 to Item 4. Mr. Forney seconded the motion and it passed unanimously. 4. Site Plan Review of Three Buildings Barry University 11300 NE 2 Avenue Mr. Tim Czernlec, Vice President of Business and Finance, stated that the three proposed buildings would be for Natural & Health Sciences, School of Education and Social Work and School of Human Services. Mr. Czernlec went on to explain that the additional buildings would add new elements to the University and would enhance the quality of education offered at the University. Planning & Zoning Board meeting - 2 - January 14, 1993 Mr. Edward Cannon of Acai Assoc Inc., architect for Barry University, described the construction of each building, the landscape atmosphere and provided figures as to ample parking for the University. Mr. Ulloa, Assistant Vice President for Facility Management of Barry University, assured the Board that parking Is avail- able at peak hours. After much discussion, the consensus of the Board was that there Is not enough parking space available and that the entrance to the proposed site of the Lehman Building on North Miami Avenue could create a traffic hazard. The Board asked Mr. Cannon to re -do the proposed plan to accommodate additional parking and to possibly present a different type of entrance to the Lehman Building. The Board instructed Mr.LuBlen to consult with Chief Zoovas as to whether the Lehman Building entrance would create a traffic hazard on North Miami Avenue and to review the park- ing situation. Mr. Fernandez called a recess at 8:58 P.M. and reconvened at 9:03 P.M. 5. Review and action - Comprehensive Pian Amendments Mr. Alan Gold of Greenberg Traurig Law Firm represented Biscayne Dog Track. Mr. Gold stated that he was at the meet- ing to possibly reach an agreement. Mr. Pitkin reiterated that the dog track, If devestated by a storm, can be rebuilt as a dog track and that if the track was sold, at that time would be the only time that the single family residential zoning would be Ineffective. Mr. Forney stated that he was not In agreement of zoning this area a single family residential zone because it is to close to IS 95 and non -single family zoning of the County.. Mr. McClure stated the best option of this Board at this time Is to make the location as a single family residential. Mr. Walters agreed with Mr. McClure Mr. Laubenthal stated to be conservative and zone a single family residential and when a new presentation is available, it will be considered at that time. Mr. Fernandez stated the need for continued good relationship with the dog track. He also stated that the Board was re- sponsible for the protection of the City development as well as the residents and he felt that rezoning to a future land use plan of a single family residential for this area was beneficial. Planning & Zoning Board meeting - 3 - January 14, 1993 Mr. Fernandez suggested to add the specific language to the Comprehensive Plan that If there was 50% damage to the dog track it would be OK to rebuild as a dog track. Mr. Fernandez asked Mr. Pitkin to submit the correct language to the Board at the next meeting on January 28, 1993. The consensus of the Board was to hold over any further discussion to the next meeting. 5 A. Discussion - Re -Occupancy Ordinance 411 The Board reviewed the proposed ordinance. • Mr. McClure spoke in favor of a certificate of re -occupancy license but not In favor of this ordinance. Mr. Walters agreed with Mr. McClure. Mr. Forney was not in favor of the ordinance. Mr. Laubenthal did not state an opinion. Mr. Fernandez stated that the proposed ordinance is uncon- stitutional and that It takes away the right to sell proper- ty Mr. LuBlen stated that no ordinance Is 100% enforceable. Public Comments Mr. Patrick Duffy of Duffy Real Estate commented that there is a limited amount of violations to the single family dwelling law in Miami Shores Village. He also commented that he Is opposed to this ordinance and that there should be proper enforcement of existing codes. Mr. Herman Conn - Realtor spoke In favor of the ordinance. Ms. Margaret Burch of 170 NW 105 Street spoke against the ordinance and stated that code enforcement Is doing a good Job. Mr. Harrigan of 260 NE 99 Street spoke against the ordinance. After further discussion, Mr. McClure moved to recommend to Council not to adopt this ordinance. Mr. Laubenthal second the motion and the vote was 5/0 not to adopt this Cirdina A motion for adjournment was made at 10:12 (/) Veronica A. Galli Secretary !chard M. F _.r nandez Chairman o, FORM 8B MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC -OFFICERS 11.1 \\Ml I INN' \ 1%1I M11)1)1 1 •\ 1•1F LAse.Ae. •\\��ue� NAME OI BOARD. COUNCIL COMMISSION. it I HORI I I OK (OM\tI 111 PI No fo rlV ZO IC, Til kill C01\I1 M-Vtfi-tAA-1, e- 5 VI (f)A-Ae go. (til)\HI(H\1�IF KKFIt �p \ e CV- \c I �� 1 HE HOARD. COl \CII . COMMISSION Al 1 HORI11 OR COM •111 IEE +i• % ICH I SERVE ISA 1 NIT Of X CITY COL ••• 01HER 1(XAl •1t.F\(1 it ME OF PO1 ITIC'AI \l /10I• IMO/ re S ‘UA MY POSITION IS: c El ECTIVEy... APPOI\ (11.E WHO MUST FILE FORM 88 This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board. council. commission, authority, or committee. It applies equally to members of advisory and non -advisory bodies who are presented with a voting conflict of interest under Section 112.3143, Florida Statutes. dour responsibilities under the law when faced with a measure in which you have a conflict of interest will ary greatly depending on whether you hold an elective or appointive position. For this reason. please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county. municipal. or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (ocher than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest. but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. Ml 011 V . Y _ e.. c IF YOU MAKE NO .ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the .minut,: of the meeting. who should incorporate the form in the minutes. 1. DISCLOSURE OF LOCAL OFFICER'S INTEREST hereby disclose that on 2 199'3 (a) A measure came or will .some before my agency which (check one) inured to my special private gain: or,,� �� inured to the special gain of pp``� (®tVt 4 �-(� k) e i (b) The measure before -My agency and the nature of my interest in the measure is as follows: , by whom I am retained. T1A-e F©P T rc ict 9 zie 13a 7. S c vq_ . /� . F� e i y 1,�.i c° . � ti T --QS-€ (c)tv-%fie 'KEA r c7ia 170 "Tr -e V\L_Pv de by Dace Fed /6j3 Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT. DEMOTION. REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55.000. FORM x8. IAI