11-09-1995 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING
NOVEMBER 9, 1995
The regular meeting of the Miami Shores Village Planning & Zoning Board was held on
Thursday, November 9, 1995 in the Chamber of the Village Hall commencing at 7:30 P.M. The
following members were in attendance:
Present: Robert Blum
Frank Hegedus
Thomas J. Caldwell
Les Forney
Absent: Cliff Walters, Chairman
Also Present: Mark Ulmer, Village Attorney
Frank LuBien
Lisa Kroboth
ITEM #1 MINUTES - OCTOBER 26, 1995
Mr. Forney moved that the minutes of the October 26, 1995 Planning & Zoning Board be
approved as submitted. Mr. Caldwell seconded the motion and the vote was unanimous in favor.
ITEM #2 REQUEST FOR APPROVAL OF SITE PLAN REVIEW
Shores Square Shopping Center 9005 Biscayne Blvd.
Mr. LuBien explained that the item before the Board was now considered a legal use. Mr. Ulmer
confirmed that the Ordinance providing for video rental and sales establishments had been passed
by the Village Council on second reading. Mr. Forney inquired as to whether a landscape plan
would be submitted. Mr. Joseph Kaller, the architect for the project, stated that a landscape
architect had been hired and that a landscape plan would be submitted at a later date. Photos of
the existing plant material were provided as this is an existing shopping center.
• A ten minute recess was taken at this time so that a copy of the newly passed ordinance could be
obtained and reviewed.
Mr. Blum noted that as part of a site plan approval, the Board must consider Items A -F
"information required" as stated in the Code. Since all items have not been met, the application is
incomplete. He asked Mr. Ulmer if the site plan needed to be a complete package, or if it could
be submitted in parts. Mr. Ulmer stated that the Board may approve the site plan subject to a
Planning & Zoning
November 9, 1995 Page 2
landscape plan being submitted at a later date. Mr. Blum asked what would happen if the
landscape plan was not satisfactory. Mr. Ulmer stated that the site plan would not be approved
and construction could not begin. He noted that the Board must also consider the criteria set
forth in the Ordinance as well as Section 604 and 605 of the Code. Mr. Caldwell asked if Item 7b
applied to the current video store as it would be within 1,000 feet from the proposed site. Mr.
Ulmer stated that it did apply.
Mr. Ulmer stated that the Board should proceed by hearing any factual information regarding the
application. The applicant and the architect responded to each of the criteria set forth in the
Ordinance as follows:
7a). It was noted that the Village staff has established this parcel as a shopping center.
7b). The current tenant, Flicks & Critics will be evicted as they are currently on a month-to-
month lease.
7c). The times are standard operating times for Blockbuster Video.
7d). This is in compliance as shown on the site plan.
7e). Blockbuster must comply with all local codes as stated in the lease.
7f). Blockbuster gondola displays are at a forty-five degree angle to prevent theft and enable
clear visibility down the aisles.
7g). The only video known to be displayed in the store is on a small T.V. for children in the
kiddies area, which is not visible from the storefront.
Th). The drop box is located on the site plan.
7i). There is a typographical error. The footcandles should be 5.0 and 3.0 which will be met by
the lighting architect.
7k). This is stipulated in the lease.
71). Here tonight for this approval.
It was the consensus of the Board to accept the site plan into evidence as submitted. The item
was opened for Public Comment. As there was no one present to comment, Mr. Hegedus moved
for approval of the site plan conditional to a site plan change of an ingress only on 90 Street and a
completion of the application by submitting a landscape plan. A permit to construct and a
certificate of occupancy cannot be issued until such conditions are met. Mr. Forney seconded the
motion. Further discussion ensued regarding the site plan. Mr. Caldwell inquired as to the
drainage plan that has not been included in the site plan. Mr. Moroz indicated that an architect
has been hired and a plan will be submitted.
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November 9, 1995 Page 3
Concerns arose regarding the language of the motion. Mr. Forney withdrew his second and Mr.
Hegedus withdrew his motion. Mr. Hegedus made another motion for approval of the application
as presented subject to a landscape plan being provided and that a modification of an ingress only
on 90 Street be made. No certificate of occupancy is to be issued until the criteria of the
modification of Ordinance 270 has been met. Mr. Forney seconded the motion and the vote was
unanimous in favor.
It was noted that the same item was on the November 21, 1995 Village Council agenda for
consideration. Mr. Forney noted that the Board should be able to expedite the item for the
resident as promised at the last meeting. After further discussion, Mr. Forney moved that the
previous motion approving this site plan be reconsidered. Mr. Hegedus seconded the motion and
the vote was unanimous in favor.
Mr. Forney asked that the Village Attorney provide the Board with a motion that encompasses all
the conditions to be met. Mr. Ulmer suggested that the Board move to approve the site plan
subject to a modification that would show an ingress only off of 90 Street on the west side
parking lot and that no certificate of occupancy be issued until such time that a landscape plan has
been presented to and approved by the Board and that the 1,000 feet spacing criteria of the
recently passed Ordinance has been complied with. Mr. Forney moved that the suggested motion
of the Village Attorney be passed. Mr. Hegedus seconded the motion and the vote was
unanimous in favor.
ITEM #3 REQUEST FOR APPROVAL OF FLAT ROOF ADDITION
E. Ramos 65 N.E. 107 Street
Mr. LuBien explained that the roof is behind the required set -back and is within the maximum
allowable area. Mr. Nievas, the engineer was present on behalf of the applicant. Mr. Blum
inquired if the application was routine. Mr. LuBien stated it was.
Mr. Forney moved for approval of the flat roof addition. Mr. Hegedus seconded the motion and
the vote was unanimous in favor.
ITEM #4 DISCUSSION AND POSSIBLE ACTION: Adoption of Robert's Rules
• for Parliamentary Procedure for Board Meeting
Mr. Caldwell moved that the Board adopt Robert's Rules for Parliamentary Procedure. The
motion died for lack of a second. Mr. Ulmer explained that the Code requires the Board to adopt
rules of procedure. Discussion ensued as to which, if any, rules of procedure, should be adopted.
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November 9, 1995 Page 4
Mr. Forney moved that the Board adopt Robert's Rules for Parliamentary Procedure and asked
that copies of Parliamentary Procedure At A Glance by O. Garfield Jones or a similar easy-to-use
guide be provided to each member of the Board by the Village Manager. Mr. Caldwell seconded
the motion. The vote was unanimous in favor.
ITEM #5 BOARD COMMENTS
Mr. Forney stated that the Chapter 286.0105 State Statute regarding appeal was not friendly to
many citizens of the Village. He asked that the Village hire a court reporter for each meeting.
Mr. Caldwell noted that it would not be friendly if the citizens were not notified. Mr. Blum noted
that there are very few applications that are appealed and that it would not be feasible for the
Village to hire a court reporter for every meeting.
Mr. Hegedus asked that a checklist for flat roofs be given to the Building & Zoning department so
that any applicants that meet the minimum for flat roof space do not have to come before the
Board. Mr. LuBien explained that the purpose of the flat roof addition applicants coming before
the Board was that the Code is specific and that the approval should be determined by the Board
not the Building Official.
Regarding the site plan approval for Shores Square Shopping Center, Mr. Caldwell moved that a
special meeting of the Planning & Zoning Board be scheduled for Thursday, November 16, 1995
at 7:30 P.M. to approve the minutes of tonight's meeting. Mr. Hegedus seconded the motion and
the vote was unanimous in favor.
ITEM #6 ADJOURNMENT
The November 9, 1995 meeting of the Planning & Zoning Board was adjourned at 9:00 P.M.
• Robert Blum, Vice Chairman