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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. • 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. •