03-28-1996 Regular MeetingMIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING
MARCH 28, 1996
The regular meeting of the Planning & Zoning Board was held on Thursday, March 28, 1996 in
the Chamber of the Village Hall commencing at 7:30 P.M. The meeting was called to order with
the following members present:
Present: Cliff Walters, Chairman
Robert Blum
Thomas J. Caldwell
Les Forney
Frank Hegedus
Also Present: Mark Ulmer, Village Attorney
Frank LuBien
Lisa Kroboth
1'I'EM #1 MINUTES - MARCH 14, 1996
Mr. Blum asked that the third sentence of Item #2, paragraph 2 read "The County is the
governing body that grants waivers." Mr. Ulmer stated that the sentence should read "The
Village Code has adopted the Dade County Code provisions on plat waivers."
Mr. Forney moved that the minutes of March 14, 1996 be approved as amended. Mr. Caldwell
seconded the motion and the vote was unanimous in favor.
ITEM #2 REQUEST FOR APPROVAL OF CAMPUS MASTER PLAN PERIMETER
SECURITY, LIGHTING, IMPROVEMENTS, REDISTRIBUTION OF
PARKING, SIDEWALKS, AND REDESIGN OF MIAMI AVENUE
CORRIDOR. Barry University 11300 N.E. 2 Avenue
As Mr. Walters was not present at the last meeting, Mr. Hegedus gave a brief synopsis of the
presentation made by Barry University. Mr. LuBien noted that notice of tonight's meeting was
given to area residents. Mr. Walters opened the floor for public comment at this time.
Miguel Sanchez
Inquired whether the road would be expanded for
pedestrian traffic. Asked if the stop sign on 111 Street and
N.E. 2 Avenue could be changed from a stop sign to a right
turn only.
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Planning & Zoning
March 28, 1996 Page 2
Mr. Forney asked that the University once again explain the proposed changes for the benefit of
those residents present tonight. Mr. Tom Laubenthal, the landscape architect for Barry University
first addressed the questions of Mr. Sanchez. He explained the improvements to be made to the
perimeter of the University which includes sidewalks which will accommodate pedestrian traffic
and which will hinder perimeter parking. Mr. Laubenthal noted that the Dade County Master
Plan includes a widening of North Miami Avenue to a five lane road. He stated that Barry
University would like to create a corridor on North Miami Avenue with a three lane road allowing
for a turning lane.
Mr. Laubenthal also addressed the issue of security. He explained the concept of natural
surveillance. Upgrading the lighting throughout the university campus will also improve security.
Lighting will be directed away from the residential areas. Mr. Walters inquired as to whether the
University was seeking approval for the athletic field lighting at this time. This was confirmed by
Mr. Atlas, of Atlas Safety & Security Design. As budgets become available, this lighting will be
added. Mr. Hegedus reaffirmed that the lighting spillover from the athletic fields would drop to
1/2 foot candle. Mr. Atlas confirmed that this was the industry standard.
The floor was again opened to public comment.
Theresa Brugger Inquired if the lighting on the 111 Street perimeter would be
similar to the athletic field lighting.
Mr. Laubenthal responded that the lighting on the fields was specific to athletic use. The
perimeter lighting would be typical for a residential scale or approximately twelve feet.
Brian Smith
Thanked the Board for allowing residents the opportunity
for public comment on the issue. Inquired as to the
possibility of decreasing the noise spillover from the athletic
fields. Asked about the sidewalk design, specifically the
texture and the width of the sidewalks. Made two
observations: Many rollerbladers on 111 Street and many
joggers. Asked of the feasibility of interior 2 ft. of sidewalk
being mulched for joggers, so rollerbladers can use the
sidewalks. Asked about traffic congestion and the
possibility of one-way streets on 111 and 115 Street?
Mr. Laubenthal responded that they would use a masonry concrete surface for the sidewalks with
a 7 foot wide profile. The University will landscape and irrigate the perimeter areas with a
uniform border. Mr. Laubenthal stated that there may be a traffic signal placed at 111 Street and
N.E. 2 Avenue.
Planning & Zoning
March 28, 1996 Page 3
Mr. Blum inquired as to the time frame of the proposal. Mr. Laubenthal stated that the University
would like to take a fast track approach in phases. The first project would be the construction of
the interior parking and the second would be the perimeter parking. The North Miami Avenue
corridor would be a latter phase project. Mr. Atlas stated that Barry would like to have the first
two projects completed over the summer for the Fall 1996 term.
Mr. Ulmer stated that the Board has to consider the height of the fencing and hedges as some of
the areas in the University proposal exceed the limits stated in Section 518 of the Code. Referring
to Section 605 of the Code for Site Plan approval, Mr. Ulmer stated that it is the Board's
discretion to approve the Site Plan. The Board should considered the issues raised by the
University which would require a higher height limitation.
Mr. Laubenthal stated that the eight foot height of the ornamental iron fencing on the perimeter
adds visibility and security. The perimeter eight foot shrubbery buffers will decrease noise for the
area.
Mr. Caldwell moved for approval of the Campus Master Plan. Mr. Hegedus seconded the
motion. Mr. Forney asked if the heights, as discussed, have been accepted or should the motion
be amended. Mr. Ulmer stated that with the current motion, the Board has accepted the heights
as testified to and as depicted on the plans submitted. As the plans do not have any dimensions,
Mr. Ulmer stated that the motion should be more specific. Mr. Caldwell amended his motion to
include that the fence height and the hedge height not exceed eight feet. Mr. Hegedus seconded
the amendment to the motion.
Mr. Walters expressed concern for the athletic field lighting. He noted that there is unlimited use
for the lighting of the athletic fields. He asked that the issue of the athletic field lighting be
brought back before the Board. Mr. Laubenthal stated that the University would like to approve
lighting as a concept. At the time a permit application is submitted for the lighting installation, the
plans be fully reviewed to include schedules of use. Mr. Caldwell amended his motion to include
approval for only the ground location of the lighting. Mr Hegedus seconded the amendment. The
vote was called and was unanimous in favor.
A short recess was taken at 8:30 P.M.
ITEM #3 REQUEST FOR APPROVAL OF PLANS FOR GARAGE ENCLOSURE.
Margarita Diaz 93 N.W. 97 Street
Mr. LuBien stated that the garage faces the side street and the applicant will leave the existing
garage doors in place. Mr. Franklin Grau was present on behalf of the applicant. He stated that
the garage would be converted into a game room due to the expansion of the family and the need
for additional space. Mr. Forney inquired as if the door exiting the game room was being added.
Mr. Grau stated that it was an existing door. Mr. Blum asked if there would be any septic tank
modifications. Mr. Grau stated that the bathroom is existing.
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March 28, 1996 Page 4
Mr. Forney moved the request for approval of plans for garage enclosure be approved provided
that the exit door to the backyard is eliminated. Mr. Hegedus seconded the motion. The vote
was unanimous in favor.
ITEM #4 REQUEST FOR APPROVAL OF PLANS FOR FLAT ROOF ADDITION.
Robert DeYoung 78 N.E. 107 Street
Mr. LuBien explained that the addition would allow for additional storage and laundry area in the
back of the home. The addition is within the maximum allowed. Mr. DeYoung was present on
his own behalf. He stated that the area currently exists, but is in need of fixing.
Mr. Blum moved for approval of the flat roof addition. Mr. Forney seconded the motion and the
vote was unanimous in favor.
ITEM #5 REQUEST APPROVAL OF PLANS FOR EXTERIOR RENOVATIONS.
Henry Everett 9600-9636 N.E. 2 Avenue
Mr. LuBien stated that the plans were for renovation of the exterior of the building. Mr. Grau
and Mr. Parry were present on behalf of the applicant. Mr. Forney asked if the guidelines for
downtown revitalization were considered when the plans were drawn. Mr. Grau stated that the
plans are similar to the original drawings of the building. Mr. Grau stated that due to cost
constraints, the current design will be updated. Mr. Caldwell asked what changes would be
anticipated as the applicant is seeking approval of the plans submitted. Mr. Grau stated that it
was requested the applicant update the Board as to where the project stands. They are not
seeking approval of the plans submitted. They are currently developing the plans and getting cost
factors.
Mr. Ulmer updated the Board on the action of the Code Enforcement Board. Discussion ensued
regarding the procedure to be taken to expedite the project. Mr. Forney moved that the item be
tabled. The motion died due to lack of a second.
Mr. Hegedus asked if a time limitation can be included in the motion. Mr. Ulmer stated that if the
applicant accepts the condition, the limitation could be included. Mr. Caldwell stated he was
unhappy with the present condition of the building. He asked why the applicant did not meet the
first deadline. Mr. Parry stated that Mr. Everett was out of state and in the hospital for a period
of time. Discussion regarding the time limitations and Code Enforcement action ensued. Mr.
Hegedus moved for approval of the plan as presented giving the applicant 120 days to apply for a
permit. Mr. Forney seconded the motion.
Planning & Zoning
March 28, 1996 Page 5
Mr. Blum stated that time limitations are not motivation to the applicant. Mr. Grau stated that
there was no objection to the time limitation as they would like to complete the project as quickly
as possible. Discussion regarding the time expiration of a building permit ensued. By applying a
time limitation, Code Enforcement action can be retroactive.
Mr. Hegedus noted that the plans were dated March 11, 1996. Mr. Grau stated that the date was
• changed after modifications. Mr. Hegedus asked if there were any conditions that could be
applied so that the applicant can comply with the Code Enforcement Board without accruing
fines, but still bring the project to its eventual completion. Mr. Ulmer stated that it was possible if
they agree to the condition. Mr. Caldwell asked what would happen if the condition was not met.
Mr. Ulmer stated that the Code Enforcement fine would accrue retroactively.
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Mr. Caldwell withdrew his second to the motion. Mr. Hegedus withdrew his motion. Mr.
Caldwell moved that the item be tabled. Mr. Forney seconded the motion. Discussion regarding
the application and the future Code Enforcement action ensued. The vote was as follows: Mr.
Forney - Yes, Mr. Hegedus - Yes, Mr. Caldwell - Yes, Mr. Blum - No, Mr. Walters - No.
ITEM #6 DISCUSSION REGARDING A REQUEST BY THE VILLAGE COUNCIL TO
LIST PORTIONS OF THE CODE OF ORDINANCES THE PLANNING &
ZONING BOARD WOULD LIKE TO SEE REVIEWED FOR POSSIBLE
AMENDMENT, AS WELL AS MAKE RECOMMENDATIONS FOR
ADDITIONS.
See attached pages that follow.
ITEM #7 BOARD COMMENTS
There were no Board comments for the meeting of March 28, 1996.
ITEM #8 ADJOURNMENT
The March 28, 1996 meeting of the Planning & Zoning Board was adjourned at 10:30 P.M.
eth A. Kroboth, Recording Secretary
Planning & Zoning
March 28, 1996 Page 6
ITEM #6 DISCUSSION REGARDING A REQUEST BY THE VILLAGE COUNCIL TO
LIST PORTIONS OF THE CODE OF ORDINANCES THE PLANNING &
ZONING BOARD WOULD LIKE TO SEE REVIEWED FOR POSSIBLE
AMENDMENT, AS WELL AS MAKE RECOMMENDATIONS FOR
ADDITIONS.
As requested, each member of the Board listed items of the Code for revision or addition.
Mr. Blum
Mr. Walters -
Garage enclosures: Outside presentation, septic tank impact, parking
Fencing material
Fencing heights: Specifically, in regards to schools.
Landscape ordinance
Site Plan criteria: "Shopping List" of what to provide in site plan.
Parking requirements: Residential - tied to garage enclosures.
Roofing materials: New roofing materials available.
Fencing Material
Roof issue
Potential for annexation: Other areas do not have similar Codes.
Site Plan criteria: Potential redevelopment opportunities.
Variance for non -uses: For example, setbacks.
Size of households: Number of people per square foot of living space.
Mr. Walters stated that the potential for annexation should be considered in any review of the
Code.
Mr. Caldwell had no items to present.
Mr. Hegedus -
Mr. Forney -
Clarify jurisdiction of Boards: Historic Preservation Board issuing a
Certificate of Appropriateness and the Planning & Zoning Board decisions
in regards to the materials used for appropriateness
New satellite dishes: The smaller dishes are not visible from the street
All new utilities should be put underground: Electric lines, phone lines,
etc...
Criteria for home-based businesses: The amount of traffic created by
certain businesses.
The importance of vagueness in the issue of Code review.
Sec 101- The Prime Directive of the Code is to maintain a single family
community. The Village cannot economically survive on the prime
directive in the future.
Group homes
Planning & Zoning
Mr. Forney cont'd -
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March 28, 1996 Page 7
Roof painting: Allow roof painting.
Flat roof additions: Arbitrary 15% limit. Be more vague here.
Sec 225 I Chickee huts: Allow for chickee huts. Characteristic of South
Florida.
Sec 228 Size of parking spaces: Compact spaces.
Sec 403 Height issue : Expansion of Village in an upward direction
Sewers
Mini antennae: Allow for mini antennas.
Variance procedures: Procedure is too rigid.
Appeals
Noise: Decibel level
Mr. Walters stated he would like the Code to be more user-friendly.
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