07-22-1993 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING JULY 22, 1993
The regular meeting of the Miami Shores Planning & Zoning
Board was held on July 22, 1993. The meeting was called to
order at 7:33 P.M. by Chairman McClure with the following
members present:
Larry McClure
Charles Smith
Les Forney
Cliff Walters
Tom Laubenthal
Absent: Mr. Frank LuBien, Director of Building & Zoning
1. Minutes - July 8, 1993
Mr. Laubenthal moved to approve the minutes as submitted. Mr.
Smith seconded the motion and it passed unanimously.
2. Discussion and possible action regarding request for
change of use to allow a child care center.
S. Lowrey Camp
9375 Park Drive
Dr. Camp stated that the potential buyer of his property was
contemplating operating a child care center at the location
and that he (Dr. Camp), had no objection of the day care
center being there.
Mr. McClure stated that the property was located In a "C"
zone and therefore not a permissable use for that zoning.
After much discussion, Mr. Laubenthal commented that the
primary use of the center was for care, and not for
educational use.
Mr. Smith was In agreement with Mr. Laubenthal and agreed
with Mr. McClure that a non -church -affiliated child care
option was desirable for the Village.
Public Comments
Mr. Dugoni
166 NE 92 Street
Mr. Dugoni spoke on behalf of his position as Business Repre-
sentative for the Miami Shores Presbyterian Church. He stat-
ed the the day care at the church Is a learning facility and
serves the community and beyond. He also stated that he was
concerned with the safety hazard that would develop with the
dropping off and picking up of children.
Mrs. PedraJa, the potential buyer of the property stated that
the operating hours of the center were not the same as the
church. She also stated that there was a demand for an
additional care center In the area and that she will meet all
the HRS requirements In order to have the center.
Planning & Zoning meeting - 2 - July 22, 1993
Ms. Ann Fernandez
1195 NE 98 Street
Ms. Fernandez stated her concern for the safety of the
children with regard to the increase In traffic.
Fabian Garcia Is the realtor who showed Ms. Pedraja the pro-
perty and stated that she is a very good business women and
extremely thorough.
After further discussion, Mr. Forney moved to deny the
• application to allow a child care center. Mr. Laubenthal
seconded the motion and It passed 3 to 2 with Mr. Smith
and Mr. McClure voting NO.
3. Discussion and possible action regarding the leasing
of the 5 acres north of the Country Club for private
school. By directive from the Village Council.
Mr. McClure began the discussion by informing the Board that
Mr. Fann explained to him that In order to have the 5 acre
area now zoned as PARK, and to consider the future proposed
usage as a school, the property would have to be re -zoned to
a CF usage. In order to do this, a county wide referendum
would have to be passed.
Mr. Laubenthal stated that CF zoning would not be a conflict
In the residential area.
Mr. Forney stated that the Comprehensive Pian will not allow
the development of the parcel of land.
Mr. Smith asked If the original purpose of the acquision of
the land was for recreational activities or development pur-
poses.
Mr. Waiters stated that they should proceed with the normal
process and get the Input from the neighborhood to be
effected.
Mr. Forney opposed the "Fast -Track" process encouraged by the
Council. Mr. Laubenthal and Mr. Waiters also agreed.
Public Remarks
John Bergacker
1009 NE 104 Street
Asked clarification as to who wants to develop the land.
Tom September
1110 NE 104 Street
Opposed to the proposed usage.
Mr. McClure stated that the Village Council must take action
In order to re -zone the land because of the County Charter
Amendment.
•
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r I aIni t ny a £Un i ng mac -Ling
- 3 - July LL, 1.`7:J3
After further discussion, Mr. Smith moved to recommend to
Council that the site is an acceptable site for development
as a middle school and that the Council take the necessary
action to change the zoning from P to CF with the concurrence•
of the Village legal advisors. Mr. Walters seconded the
motion and it passed 4 to 1 with Mr. Laubenthal voting NO.
Recess called at 8:56 P.M. and reconvened at 9:03 P.M.
3A. Discussion and possible action regarding request to
allow relocatables to remain on Barry University
campus to house a Miami Shores Elementary School
Kindergarten program.
Mr. McClure stated that he Is an employee of the Dade County
Public Schools and due to a possible conflict of Interest
will abstain from comments and voting.
Mr. McClure requested Form 8B - Memorandum of voting conflict.
Ms. Linda Jacobs represented Mrs. Zaher, the principal of
Miami Shores Elementary, along with Ms. Kathry Wilbur, Site
Planning and Government Liaison. Ms. Jacbos stated that the
relocatables relieved an over crowding at the elementary
school and residents asked to leave the portables In order to
alleviate the over crowding. She also stated that Mrs. Zaher
very much wants to keep the facility at Barry University.
Mr. Freddy Ulloa, Associate Vice President for Facilities
Management represented Barry University. Mr. Ulloa stated
that Barry University was In favor of supporting the request
by Dade County to keep the portables on Barry University
property.
After further discussion, Mr. Forney moved to approve the
variance for 1 more year. The motion failed due to lack of a
second.
Mr. Smith stated that the Board had no authority to
authorize the extension, but that he would urge the Council to
use their authority to make the extension of the variance
possible.
Mr. Laubenthal moved to deny the application as submitted.
Mr. Walters seconded the motion and the motion passed 3 -1
with Mr. Forney voting NO and Mr. McClure abstaining.
A motion for adjournment was made at 9:33 P.M.
4 )
Veronica A. Galli
Secretary
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLI-C-OffICERS
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WHO MUST F(LE FORM BB }
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.
Your 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 instruciiarfs •on this form
before completing the reverse side and filing the form.
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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
al gain of a principal (other than a government agency) by whom he is retained.
A person holding an appointive local office otherwise tnayparticipate in a matter in which he has acdriflicc• of interest. but must
disclose the nature of the conflict before making any attempt toinfluence 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.
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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 -S houp#yornpletealit4i;r%ii4i i file t sv hir I5.day�i�a�tstie minutes. r`the vote occurs witb the Person'responsjl3le.�gc recordirtgt-in�fta� s
of the meeting. who should incciOfitO Cikhi p . q
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DISCLOSURE OF LOCAL OFFICER'S INTEREST
hereby disclose that on
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(a) A measure came or will come before my agency which (check one)
inured to my special private gain: or �. /�
�. inured to the special gain of e. C u4141 4Zh1/ G •21615
(b) The measure before -My agency and the nature of my interest in the measure is as follows:
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, by whom I am retained.
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Date Filed
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 S5.000.
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