07-27-1995 Public Hearing and Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING & PUBLIC HEARING
JULY 27, 1995
The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday, July
27, 1995 at the Village Hall commencing at 6:35 P.M. with the following members present:
Present:
Also Present:
Absent:
Charles Smith
Robert Blum
Frank Hegedus
Mark Ulmer
William Fann
Frank LuBien
Lisa Kroboth
Tom Benton
Cliff Walters
ITEM #1 MINUTES - July 20, 1995
Mr. Blum moved for approval of the July 20, 1995 minutes as submitted. Mr. Hegedus seconded
the motion. The vote was unanimous in favor.
ITEM #2 DISCUSSION REGARDING PROPOSED AMENDMENT TO THE CAPITAL
IMPROVEMENTS ELEMENT (CIE) OF THE MIAMI SHORES VILLAGE
COMPREHENSIVE PLAN, UPDATING POLICY 1.1.1, CIE POLICY 1.1.3,
AND "ONGOING SCHEDULE OF IMPROVEMENTS, FY 95-1996 TO FY
1999-2000".
Mr. Swarthout was present to answer any further questions regarding this amendment. Mr.
Ulmer inquired as to why there was an huge increase in the Total Assessed Value Projections
between 1994 and 1995. Mr. Fann replied that it was due to the mandated 3% cap from the
Property Appraisers office beginning with FY96.
Mr. Hegedus asked about the expenditure for the sidewalks. Mr. Benton, Assistant Village
Manager, replied that the sidewalks are in the CIE so that Local Option Gas Tax monies can be
spent to repair residential sidewalks if the Council so desires. Mr. Hegedus noted that in Section
20-31 in the Code of Ordinances that all property owners must maintain the sidewalks in front of
or adjacent to their property. He asked if a change has been made regarding this policy. Mr.
Benton replied that the issue has been brought before Council in workshop. However, no formal
action has been taken at this time. Use of Local Option Gas Tax monies must be specified in the
CIE or the money cannot be spent. By adding sidewalks to the CIE, Council has the option to
spend the money in this manner if they choose.
Planning & Zoning
July 27, 1995 Page 2
Mr. Hegedus also noted that the Miami Shores Pool will be in need of repairs in the near future.
However, the Recreation portion of the CIE has been deleted. Mr. Benton stated that, for the last
five years, 2/10 of a mill in the Ad Valorem Tax budget has been set aside in a sinking fund. The
pool has been analyzed by H.J. Ross & Associates, pool specialists, who have recommended a ten
year plan for pool repair.
Mr. Smith inquired if the re -use or renovation of the Fire Department should be included in the
CIE. Mr. Swarthout replied that specific improvements related to the transportation system must
be included in the Plan since funds for this come from the State gas tax. Items addressed in the
Capital Improvement Plan are all expenditures needed to maintain public level of service
standards.
Mr. Ulmer asked if this procedure is pursuant to State law. Mr. Swarthout confirmed that. Mr.
Ulmer moved to pass a resolution recommending to the Village Council consideration of this
amendment to the Comprehensive Plan and passing of this amendment. Mr. Hegedus seconded
the motion and the vote was unanimous in favor.
ITEM #3 DISCUSSION REGARDING THE PROPOSED EVALUATION AND
APPRAISAL REPORT FOR THE MIAMI SHORES VILLAGE
COMPREHENSIVE PLAN.
Mr. Swarthout prepared an update on Volume 1 of the EAR report. Mr. Ulmer inquired if the
document received was the current Comprehensive Plan. Mr. Swarthout stated that both
documents were part of the Evaluation and Appraisal Report. Volume 1 is, in part, an executive
summary of Volume 2. Mr. Swarthout reviewed various items in Volume 1 that have been
updated. He noted that additions to this section have been underscored.
Mr. Swarthout's recommendation is that the plan be amended to the minimum extent necessary to
comply with new rules and regulations imposed on the Village by higher governmental authorities.
The report will be submitted to the Department of Community Affairs.
Mr. Ulmer inquired if pages 21-34 were the original 1989 Comprehensive Plan with the
amendments that were made in 1993. Mr. Swarthout confirmed that it was only the verbiage
changes, but a map change was also included in the amendment. However, the EAR is reporting
on the Comprehensive Plan as of 1989, since the changes proposed in 1993 are still in negotiation.
Planning & Zoning
July 27, 1995 Page 3
Public Comment - Michael Maguirre 260 N.E. 95 Street
Resident, Mr. Maguirre stated, as a matter of record, that he would like to address the post
disaster situation in Miami Shores. By barricading Biscayne Blvd. and enclosing a surge flood
zone, so defined, there is the potential of entrapping the people that live in that area. Mr.
Swarthout agreed that the barricades are a legitimate Comprehensive Planning issue.
Mr. Ulmer made a motion to pass a resolution for the Village Council to consider and adopt
Volume 1 & 2 of the 1995 Evaluation and Appraisal Report as submitted by Mr. Swarthout. Mr.
Blum seconded the motion. The vote was unanimous in favor.
ITEM #4 REQUEST FOR A VARIANCE TO PERMIT AN EIGHT FOOT CBS WALL
BETWEEN A-2 AND R ZONE.
Miami Shores Motel 10500 Biscayne Blvd. Thomas Lin
Mr. Franklin Grau was present on behalf of the applicant. The plans for the wall were submitted
to the Board. Mr. Fann stated that since the Village has already barricaded the street, this would
be a supplement to what already exists. Mr. Smith stated that he would like to see the landscape
plan at a future date. Mr. Blum asked who would be responsible for maintaining the landscaping.
Mr. Benton replied that the right of way is maintained by the Village.
Mr. Ulmer inquired if the standard hardship variance is to be applied to this request. Mr. Fann
confirmed this. Mr. LuBien noted that the area does not justify the height of the fence. Mr. Ulmer
referred to Section 518 which refers to business or commercial district. Mr. Ulmer asked if a
building permit was denied and therefore, the item was before the Board on a variance request.
Mr. LuBien stated it was. He noted that there was an existing eight foot fence between the
private property on the north side of 105 street and the apartment designation where the motel is
located. Mr. LuBien stated the previous request for the fence was granted per the residents
request due to the crime problem.
Discussion ensued as to the interpretation of the Code in reference to use as opposed to zone.
Mr. Fann noted that it could be concluded that this wall is an extension and completion to protect
the residential area from the commercial area to the north. Mr. Ulmer noted that the petition
complies with the hardship variance request.
410 Mr. Ulmer moved for approval of the request for a variance to permit an eight foot CBS wall
between A-2 and R Zone. Mr. Hegedus seconded the motion. The vote was unanimous in favor.
Mr. LuBien requested that the item go before Council without the approved minutes of tonight's
meeting. Mr. Hegedus moved that the petition be heard by the Village Council without approved
minutes. Mr. Ulmer seconded the motion and the vote was unanimous in favor. Mr. Fann noted
that Mr. Couzzo needs to put this item on the next agenda.
Planning & Zoning
BOARD COMMENTS
July 27, 1995 Page 4
Discussion ensued regarding the roof for the Miami Shores Diner. Mr. LuBien stated that the
item has gone to Code Compliance. He noted that there were legal questions involved due to the
Howard Johnson trademark. Mr. Blum noted that since color through tile is standard, the metal
roof should meet a similar standard. Mr. LuBien stated that the property leasee has been notified
that he must come before the Planning & Zoning Board before he may continue with the roofing
project.
ITEM #5 ADJOURNMENT
The July 27, 1995 meeting of the Planning & Zoning Board was adjourned at 7:50 P.M.
Elizabeth A. Kroboth, Recording Secretary
•
Charles Smith, C