07-20-1995 Regular and Public Workshop MeetingMiami Shores Village
Planning & Zoning Board
Meeting & Public Workshop
July 20, 1995
The meeting & public workshop of the Miami Shores Planning & Zoning Board was held on
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Thursday, July 20, 1995 at the Village Hall, commencing at 6:34 P.M. with the following
members present:
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Present:
Also Present:
Absent:
Cliff Walters
Robert Blum
Frank Hegedus
Charles Smith
William Fann
Frank LuBien
Lisa Kroboth
William Nelson
Mark Ulmer
ITEM #1 MINUTES - JUNE 8, 1995
Mr. Blum moved for approval of the June 8, 1995 minutes as submitted. Mr. Hegedus seconded
the motion. The vote was unanimous in favor.
ITEM #4 DISCUSSION REGARDING ZONING CODE REVIEW BOARD
Mr. Walters explained that an adhoc committee had been formed (independent of the Planning &
Zoning Board) to suggest modifications or changes in the zoning code. The committee will meet
on July 31, 1995 at 8:00 A.M. The committee consists of Spero.Canton, Craig Collier and Mike
Maxwell. Mr. Walters will attend the inaugural meeting to discuss the Planning & Zoning Board's
needs. Mr. Hegedus asked if there was a procedure established to add items for the committee's
consideration. Mr. Walters replied that the committee was open to suggestions from the Board,
as well as the Public.
Planning & Zoning
July 20, 1995 Page 2
ITEM #2 DISCUSSION REGARDING PROPOSED AMENDMENT TO THE CAPITAL
IMPROVEMENTS ELEMENT OF THE MIAMI SHORES VILLAGE
COMPREHENSIVE PLAN, UPDATING POLICY 1.1.1, CIE POLICY 1.1.3,
AND "ONGOING SCHEDULE OF IMPROVEMENTS, FY 1995-1996 TO
FY 1999-2000".
Mr. Robert Swarthout, the City Planning Consultant was present to explain the changes in the
amendment to the Comprehensive Plan. The purpose of the update was to bring the data and
analysis up to current conditions and to modify the policies so that certain expenditures and
improvements that are needed could be made utilizing State Funds.
Mr. Walters inquired as to the procedure regarding this amendment. Mr. Swarthout stated that
the purpose is for the Board to decide whether the changes are appropriate in the Board's
judgement and to then make a recommendation to the Village Council. Once it is approved, the
amendment would be transmitted to the Florida Department of Community Affairs. Mr. Hegedus
asked why all items have been deleted under the Recreation Department. Mr. Swarthout replied
that the items that were deleted were either completed or not feasible per administration.
Mr. Smith inquired if there was an implication that public funds would be used to fund the specific
line items in the Capital Plan. Mr. Swarthout clarified the nature of the Capital Plan's Capital
Improvement element. He stated it must include any capital improvements needed to ensure that
the community can meet its level of service standards. It may include other capital improvements.
Mr. Smith referred, specifically, to the funding of the repair and replacement of the sidewalks
stating that if it was publicly funded, it would be a violation of the code as it exists. Mr.
Swarthout stated that the amendment merely authorizes the use of state funds for that purpose. It
does not compel the use of state funds for that purpose. It is not a mandate and it would not
override any Village ordinance to the contrary. Mr. Smith stated that the record should reflect
that there is no implication that the Board is approving a policy of payment for sidewalks from
public funding. Mr. Swarthout recommended that Tom Benton be present at the Public Hearing
set on July 27, 1995 or that information regarding the sidewalks should be obtained from him.
Mr. Blum inquired as to why swimming pool repair or replacement was not part of the
amendment. Mr. Swarthout replied that it is not part of the Comprehensive Plan at this time. It is
not deemed essential to maintain the Comprehensive Plan Recreation level of service standards.
Mr. Swarthout explained that the Board makes the recommendation to Council which will take
place after the public hearing next week.
Mr. Smith asked if the re -use and renovation of the existing Fire Department was part of the
amendment. Mr. Swarthout replied that currently, it is not explicitly identified as part of the Plan.
However, it would not be precluded, but it would not be mandated unless it is listed. Mr.
Swarthout re-emphasized that an item may be mandatory to meet specific service standards, but
the failure to include a project on the amendment does not preclude the Village from proceeding
with a project. The item will be brought before the Board for Public Hearing on July 27, 1995.
Planning & Zoning
July 20, 1995 Page 3
ITEM #3 DISCUSSION REGARDING A PROPOSED EVALUATION AND
APPRAISAL REPORT FOR THE MIAMI SHORES VILLAGE
COMPREHENSIVE PLAN.
• Mr. Robert Swarthout submitted a two volume Evaluation and Appraisal Report (EAR) for 1995.
It is mandated by Florida Law and the Florida Administrative Code to be performed periodically
on Comprehensive Plans. Volume 1 is a brief summary of the basic issues. Trends and
conditions, identification of the difference between today's Plan and the 1989 Plan, rule changes
(involving consistency), objectives and implementation of policies are included in Volume 1.
Volume 2 contains the data analysis. It contains a summary of the current Comprehensive Plan
and a revisitation of all the data and analysis in the current Comprehensive Plan (including 1990
Census data and traffic count data on the thoroughfares).
Public Comment - Ed Harrigan of 260 N.E. 99 Street, inquired if there was any requirement
for consistency with the Dade County Comprehensive Plan.
Mr. Swarthout replied that individual municipalities do not have to be subservient to Dade
County. There must be consistency with the level of service designations on state roads. A new
element, the transportation element, will be required of all municipalities. Mr. Walters inquired if
Mr. Swarthout had seen the new MPO Biscayne Boulevard Transportation Enhancement Study.
Mr. Swarthout had not. Mr. Walters showed concern regarding issues on Biscayne Blvd. Mr.
Swarthout stated that there was an objective in the Plan to cooperate with regional transportation
planning agencies. This item will be brought before the Board for Public Hearing on July 27,
1995.
ITEM #4A DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST TO
AMEND ORDINANCE NO. 270, SCHEDULE OF REGULATIONS.
Mr. Fann stated that this item could be acted upon if the petitioner illicits the interest of the
Planning & Zoning Board. There are only three ways to do so: resolution by the Council,
resolution by Planning & Zoning Board, or resolution by the property owners.
Mr. Walters suggested that a public hearing be scheduled so that a recommendation could be
given to the Village Council. Mr. Blum inquired if the decision is made to set a date for a public
hearing, is it implied that the Board is in favor of the idea? Mr. Fann stated that consideration is
justified and determination will be made following the public hearing. Mr. Hegedus asked how
many areas are covered under B-2 currently. Mr. LuBien stated the area included only the areas
on the south end of Biscayne Blvd. Mr. Hegedus moved to set a public hearing to hear the merits
of the case. Mr. Blum seconded the motion stating that this will allow public comment and
participation. The vote was unanimous in favor for public hearing.
The item will be advertised for public hearing with a date set for August 3, 1995.
Planning & Zoning
ITEM #5 ADJOURNMENT
July 20, 1995 Page 4
The July 20, 1995 meeting of the Planning & Zoning Board was adjourned at 7:25 P.M.
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eth A. ' oboth, Recording Secretary