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08-24-1995 Regular Meeting• MIAMI SHORES VILLAGE PLANNING & ZONING BOARD REGULAR MEETING AUGUST 24, 1995 The regular meeting of the Miami Shores Village Planning & Zoning Board was held on Thursday, August 24, 1995 in the Chamber of the Village Hall commencing at 6:35 P.M. The following members were in attendance: Present: Also Present: Cliff Walters, Chairman Robert Blum Frank Hegedus Charles Smith Mark Ulmer William Fann, Village Attorney Michael Couzzo, Jr., Village Manager Lisa Kroboth !TEM #1 MINUTES - August 3, 1995 Ms. Kroboth noted that Mr. Christopher Cutro's name was misspelled and would be corrected in the approved minutes. Mr. Smith moved for approval of the minutes as submitted. Mr. Hegedus seconded the motion and the vote was unanimous in favor. ITEM #2 REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE Helen Defeis 1120 N.E. 104 Street Ms. Diane Asker, the selling agent for the property, was present on behalf of the applicant. Mr. Walters inquired as to why the item was before the Board, since the garage has already been enclosed. Ms. Kroboth noted that a permit was not obtained at the time of the garage enclosure. Mr. Blum also inquired as to how the Village became aware of the garage enclosure. Ms. Kroboth replied that the applicant was selling the home. Mr. Smith replied that there is a paragraph on the Florida Bar form for purchasing property, which warranties any work done on the property has been done with permits and has been done to code. Mr. Walters asked Mr. Fann if this is to be approved retroactively. Mr. Fann confirmed this. Mr. Smith inquired if the • electrical and plumbing was original Mr. Ulmer inquired if the garage was enclosed when Ms. Defeis purchased the home. Ms. Defeis stated that it was. Mr. Smith stated that the electrical and plumbing are a concern. Mr. Fann noted that those were not in question since the applicant is merely asking for a permit. Mr. Smith inquired if the application may be approved subject to inspections of the electrical and plumbing. Mr. Blum noted that the Board generally approves the plans submitted. The Board does not approve the conditions of the plans as to electrical and plumbing codes. Those conditions are Mr. LuBien's responsibility and are subject to his inspection. Mr. Smith moved for approval of the plans for garage enclosure as submitted with the stipulation that it meet design criteria and that it meet Mr. LuBien's approval as to code. Mr. Blum seconded the motion. The vote was unanimous in favor. Planning & Zoning Board August 24, 1995 Page 2 ITEM #3 DISCUSSION AND POSSIBLE ACTION REGARDING REQUEST TO AMEND ORDINANCE NO. 270, SCHEDULE OF REGULATIONS. Mr. Walters complimented the Village Staff on the prompt and thorough response to the questions raised at the last meeting. The adhoc committee will now review the information and make a recommendation to the Board. Mr. Hegedus noted that while additional video rental businesses would be an asset to the community, he was concerned with the element that would gather around the store. Mr. Hegedus stated he visited other video stores in neighboring areas and noted that there is potential for a gang problem. Mr. Blum commented that he felt it was inappropriate for the adhoc committee to advise the Board on this issue since the Planning & Zoning Board is, itself, an advisory Board. Mr. Ulmer stated that his original motion of the last meeting was that three of the Board members form a committee to address the issue, but the motion died for lack of a second. Mr. Blum stated that his preference would have been for all members of the Board to gather information on the issue for discussion. Mr. Smith agreed that the issue is the responsibility of the whole Board. Mr. Walters stated that the process should be a cautious one. The door is open to look at the issue and all the facts should be considered before the door is closed. In regards to the adhoc committee, Mr. Walters stated that he had appointed the members since the Board did not submit any names to him for discussion. The members were chosen with the feeling that their varied backgrounds would be beneficial in evaluating the Code. Mr. Smith stated that he felt that the Board had the same expertise and more. Mr. Walters stated the committee should be seen as a group of experts who are providing input into the process. They are also residents of the community who are concerned with the best interest of the Village. Mr. Hegedus asked if the decision of the Board would be brought to the Village Council. Mr. Fann stated that if the Board does not take any action, then the matter is dead. However, if the Board does take action, then it would be in the form of a recommendation. Mr. Smith asked if the applicant may appeal to the Village Council if the Board does not take action. Mr. Fann stated that the Board must not view this issue as an application. He also noted that, at the last meeting, an error was made when he stated that anyone involved with the proposed ordinance could not communicate with anyone else regarding the issue. Mr. Fann noted that the Board must act as legislators, not as judges. Mr. Smith asked Mr. Fann to review Section 19.26 of the ordinance regarding the appeals process. Mr. Fann stated he had already reviewed the ordinance. Since this is not a petition by an individual property owner, there is no appeals process. Mr. Smith commented that he had recently received the Shorecrest Homeowners Association newsletter. It contained an article regarding the Pussycat theater's application to the City of Miami to turn the theater into a nightclub. Mr. Smith noted that if the application were approved, the Pussycat theater's video operation could potentially affect the Village. Mr. Walters noted that no action will be taken tonight and the issue will now go to the adhoc committee. Mr. Ulmer stated that there were issues that were addressed at the last meeting, with his major concern being general parking access requirements for a video rental store. However, the information that was gathered was specifically for the proposed shopping center site. Planning & Zoning Board PUBLIC COMMENT August 24, 1995 Page 3 Christopher Cutro - Land Development Consultant for Mr. Boris Moroz Mr. Christopher Cutro stated that the normal standard on parking is 1 space to 200 square feet. However, he noted that there should not be any segregation of parking, since stores have different peak hours and parking spaces could be shared. Mr. Smith stated that he was not comfortable with the language that has been proposed for the ordinance. He stated that a lawyer should read and review the ordinance. Mr. Cutro inquired if there was a procedure for a text amendment. Mr. Fann stated he would address the issue privately with Mr. Cutro. Wayne Herzog, owner Flicks & Critics Video 9033 Biscayne Blvd. Mr. Herzog asked if the Board would like to see his lease. Mr. Smith replied that the lease and the video store were not an issue. Mr. Walters stated that the issue was a possible change of the Code to allow video rental. Mr. Ulmer asked how late Flicks & Critics was open each night. Mr. Herzog replied the store was open until 9:00 p.m. six days a week, except Sunday when the store closes at 7:00 p.m. Mr. Ulmer asked when peak hours occurred. Mr. Herzog replied that Wednesday, Friday and Saturday between 4:00 and 8:00 p.m. were peak times. Joan Mueller 1263 N.E. 93 Street Ms. Joan Mueller stated that she would hate to see another video store in the area. She believes it would require more policing and that it would increase traffic. Phil Glassman, co -trustee of 9025 Biscayne Blvd. property Mr. Glassman was present on behalf of Mr. Moroz. He stated that there was some frustration as to the length of time that the process is taking. He stated the property has been enhanced and that the proposed ordinance is beneficial to everyone. Mr. Glassman stated that Mr. Herzog's lease was in question. Mr. Smith stated that the question of the lease was raised at the last meeting. • He noted that Mr. Herzog was an outstanding citizen of the community. He stated that the issue before the Board should be considered carefully and it should not be pushed through. Mr. Walters stated that the Board is carefully deciding the issue based on what is best for the Village. Mr. Walters stated that he believes Biscayne Blvd. through Miami Shores is the only area on US 1 from Key West to Maine that is still zoned single family residential. Mr. Walters stated that the decision of the Board will not be made without facts and thorough examination of the issues. The decision will be made in the best interest of the community. • • Planning & Zoning Board Michael Maguirre 260 N.E. 95 Street August 24, 1995 Page 4 Mr. Maguirre commented on the previous decision banning video store rentals as well as bookstores. Mr. Ulmer asked if he was in favor of, or opposed to the ordinance to allow video stores. Mr. Maguirre replied that he was in favor of the ordinance to allow bookstores. END OF PUBLIC COMMENT ITEM #4 ADJOURNMENT The August 24, 1995 meeting of the Planning & Zoning Board was adjourned at 7:25 p.m. eth A. Kroboth, Recording Secretary