09-28-1995 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING
SEPTEMBER 28, 1995
The regular meeting of the Miami Shores Village Planning & Zoning Board was held on
Thursday, September 28, 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
Frank LuBien
Lisa Kroboth
ITEM #1 MINUTES - SEPTEMBER 14, 1995
Mr. Ulmer moved for approval of the minutes of the September 14, 1995 meeting as submitted.
Mr. Hegedus seconded the motion. The vote was unanimous in favor.
ITEM #2 REVIEW OF ORDINANCE AMENDMENT
Mr. Blum requested that the Board take a few minutes to review the proposed amendment. Mr.
Smith noted that due to the magnitude of the proposed amendment, a sufficient amount of time
was not allotted to review the item prior to the meeting.
There was a ten minute recess at this time while the Board members reviewed the proposed
change to the draft ordinance.
Mr. Walters noted that the Village Council decided that there was an interest in the proposed
ordinance and asked the Village Manager, Mr. Couzzo, to draft an ordinance by the October 3,
• 1995 meeting. Mr. Walters inquired if any action was to be taken in regards to the ordinance
Mr. LuBien stated that no action was to be taken. The minutes of the meeting would reflect any
opinion(s) that the Board has.
Mr. Ulmer informed the Board of the process taken in drafting the ordinance. The Village
Manager was assisted by the Village Attorney, Mr. William Kelly, Mr. Craig Coller, who drafted
the Dade County ordinance for adult entertainment facilities and Mr. Ulmer in reviewing the
ordinance.
Planning & Zoning
September 28, 1995 Page 2
In the course of review, this group found four items they felt should be reviewed and/or changed
in the original draft. The first was item 7g) which stated that "Such uses shall provide a mix of
products and services...". The group felt that this would be interpreted as a requirement for
affirmative action to sell specific products which is contrary to any zoning ordinance. The phrase
"shall" was changed to "may" in the revised ordinance. The second item to be considered was to
see if each regulation was or was not rationally based. Item 7b) requiring 5,000 sq. ft. was felt to
have no rational basis. A spacing requirement was then added was substituted for the minimum
gross floor area as item 7b). The third item discussed was whether adult entertainment videos
would be allowed. The language adopted for the ordinance was adopted and approved by the
Supreme Court. Mr. Walters inquired as to why the original memo from the Village Manager to
the Village Council said "you will note that there is no specific mention of adult rentals or sales in
the draft for a variety of reasons." and the current draft has extremely detailed mention of adult
rentals and sales. Mr. Ulmer replied that Mr. Couzzo had taken ill before the meeting and was
unavailable to answer questions regarding the proposed language.
The Board felt that the language pertaining to adult entertainment videos would exclude a large
percent of "R" rated movies. Mr. Walters and Mr. Hegedus showed concern in the deletion of
the requirement for the minimum 5,000 sq. ft. gross floor area. Mr. Hegedus stated that there is a
rational behind the minimum requirement. By requiring a minimum gross floor area, only a
substantial operator having sufficient strength can then operate in the required space. Mr. Walters
asked if the Village Attorney had reviewed the proposed ordinance. Mr. Ulmer replied that he
had not. Mr. Fann had expressed concern over the 5,000 sq. ft. limitation.
Mr. Hegedus noted that there was a reason that video rentals were forbidden in the first place.
Mr. Walters noted that the mention of the video establishment being a freestanding building had
also been eliminated. Mr. Ulmer stated that again, there was no rationalization behind such a
restriction. Mr. Hegedus stated that there may not be available land for such a restriction. The
idea behind the ordinance is to maintain the standards of the community. Mr. Smith asked if the
current video store would be legitimized through the draft. Mr. Ulmer replied that it would.
However, should the video store stay in its current location, there is an exclusion of any
competition within 1,000 feet and likewise for any other video store in that location. The Village
would not be making the selection of the video rental store, the property owner would be. Mr.
Smith noted that it was subject to special approval by the Village Council.
Mr. Smith asked what justification there was to three pages of restrictions on one single use when
no other use has these kind of restrictions. Mr. Ulmer replied that no other uses involve sexual
activities. Mr. Ulmer stated that the proposed ordinance would prohibit the adult material, but
allow the medium of videos. Mr. Ulmer noted that the language in the ordinance would be upheld
in a court of law.
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Planning & Zoning
September 28, 1995 Page 3
Mr. Blum commented that the Board sent this item to Council to see if there was an interest in
moving forward with such a proposal. Had they decided there was an interest, it would be sent
back to the Planning & Zoning Board and a great deal of time would be spent studying it. Mr.
Blum showed concern because had the Board given a recommendation to the Council, it would
require a 4 to 1 vote to overturn the recommendation. He stated that at present, the Board is just
reviewing a proposal submitted by the Village Manager and Staff. Mr. Blum noted that there was
some uncertainty as to whether the process taken in drafting the ordinance met the Village Code.
Mr. Blum stated that he was uncomfortable in the handling of this ordinance. Mr. Smith stated
that it was ultimately the Board's decision but by sending the item to the Council, it became their
prerogative.
In his review of the draft ordinance, Mr. Blum stated that there were a few items on which he
would like to comment. The first being item e). He asked if the limitation was consistent with
the current Code. Mr. Walters believed that it was due to a State Statute, regarding adult
material. The second item being k). Mr. Blum questioned what could be done if once the criteria
was set, it was not followed. He stated that there must be a way to enforce the ordinance. Mr.
Kelly stated that there are two ways to proceed in the case of a violation. One is by criminal
prosecution and the other is civilly as a public nuisance by getting an order to cease and desist.
Mr. LuBien stated that any violations of the Code were referred to Code Compliance. Mr. Blum
questioned item i). which states that plan reviews are subject to approval by the Village Council.
Mr. Walters and Mr. Blum recommended that it read "site plan review by the Planning & Zoning
Board and approval by the Village Council."
Mr. Blum noted that ordinances are being challenged everyday. Mr. Blum stated that by allowing
video rental, there may be increased opportunity for a challenge. Mr. Smith asked Mr. Kelly, in
his expert opinion, whether the current ordinance or the proposed ordinance would be better for
the Village. Mr. Kelly stated that the proposed ordinance is better. Mr. Kelly stated that the
proposed ordinance allows the use under certain restrictions.
Mr. Walters thanked the Village Manager and Staff as well as those who assisted in the drafting
of the proposed ordinance. Mr. Blum noted that the Council wanted a proposal by the October 3,
1995 Council meeting. However, Council will not have the minutes of tonight's meeting as they
will not be signed and approved.
II/ Mr. Hegedus again asked if the Board may recommend that the minimum requirement of 5,000
sq. ft in gross floor area be reinstateded to the ordinance. He expressed concern over the
deletion of this item. Mr. Walters stated that Mr. Hegedus' opinion would be reflected in the
minutes. Mr. Smith stated that the Board is not authorized to vote on the item under the current
agenda.
Planning & Zoning
ITEM #3 ADJOURNMENT
September 28, 1995 Page 4
Mr. Ulmer stated that he would like to reconsider the current meeting time. Mr. Walters stated
that, at the next Board meeting, there will be a reconstituted Board. He asked that as agenda
• items, the meeting time and the appointment of a new Chairperson be added.
The September 28, 1995 meeting of the Planning & Zoning Board was adjourned at 7:35 P.M.
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