03-16-2000 Regular Meeting•
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MIAMI SHORES VILLAGE
PLANNING & ZONING BOARD
REGULAR MEETING MARCH 16, 2000
The regular meeting of the Miami Shores Planning & Zoning Board was held on Thursday,
March 16, 2000 at the Village Hall. The meeting was called to order by Chairman Powell at 7:36
PM with the following present:
Norman Powell, Chairman
Jim McCoy, Vice Chairman
Max Wolfe Sturman
Timothy Crutchfield
Richard Fernandez
Also Present: Frank LuBien, Building Director
Al Berg, Director Planning & Zoning
Richard Sarafan, Village Attorney
Veronica A. Galli, Recording Secretary
Mr. Sarafan swore in all those participating in the meeting.
1TkM #1 — MINUTES -February 17, 2000.
Mr. Fernandez moved to approve the Minutes of February 17, 2000 as submitted. Mr. Sturman
seconded the motion and the vote was unanimous in favor.
Mr. Fernandez moved to amend the Agenda to have Barry University as the first item under
scheduled items. Mr. Sturman seconded the motion and the vote was unanimous in favor.
1ThM # II SCHEDULED ITEMS
#00-0316-01 Barry University NW corner of NW 112 Ter and NW 2 Ave
Sec. 1000 -Zoning request change of zoning from S-2 to S-1
Mr. Fernandez moved to have the item taken from table. Mr. McCoy seconded the motion and
the vote was unanimous in favor.
Mr. Berg stated that his original staff report and recommendation for approval has not changed.
Staff recommends approval of the application as it is consistent with the Comprehensive Plan.
Mr. Schulman, attorney for Barry University, began the discussion by addressing the concerns
raised during the previous meeting. As part of his presentation, the applicant proffered a
Declaration in lieu of unity of title, to be in a form reasonably acceptable to the Village Attorney,
for the purpose of linking the subject property and the existing Barry University campus to a
common development plan. At the conclusion, of Mr. Schulman's presentation, Chairman Powell
asked for any public comments. There were none. Mr. McCoy noted that the applicant is in
compliance with Section 229 and 609 of the Village Code and moved to approve the application
as submitted. Mr. Sturman seconded the motion. Subsequent to further discussion, Mr. McCoy
withdrew his motion and Mr. Sturman withdrew his second. Mr. Fernandez proposed adding
"University" and "Public School" as permitted uses under the S —1 classification of the Miami
Shores Village Code. Mr. Fernandez confirmed that Barry University's position is that College
and University are the same according to Miami Shores Village Code and that a public school (K-
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Planning & Zoning meeting
- 2 - March 16, 2000
12) could be located on the campus. Mr. McCoy moved to approve the application with the
recommendation to the Council that the proferred Declaration in Lieu of unity of title be
accepted. Mr. Fernandez seconded the motion and the vote was unanimous in favor.
Mr. Fernandez moved pursuant to S1001(b) that the Planning Board hereby intends to propose an
amendment to the Schedule of Regulations so as to add to the permitted uses under S-1 Zoning
both "University" and "Public Schools." Mr. McCoy seconded the motion and the vote was
unanimous in favor.
# 00-0316-00
Patricia Ardisson
Paint color approval
636 NE 101 Street
Mr. LuBien stated the color the applicant chose was not appropriate for the home. Ms. Ardisson
stated she wanted the light terracotta for the walls and natural wood for the shutters. Upon
further discussion, Mr.McCoy moved to uphold the Building Officials decision. Mr. Fernandez
seconded the motion and the vote was unanimous in favor.
# 00-0316-02
Saint Rose of Lima
Zoning Site plan approval; Variance -Zoning 523.1 flat roofs
415 NE 105 Street
• Mr. Fernandez moved to take this item from table. Mr.McCoy seconded the motion and the vote
was unanimous in favor.
Mr. Berg described the site and the proposal and stated his concern is with exterior lighting in the
plaza which is not indicated on the plan. Exterior halide lighting is recommended for visibility in
the early morning and at night. Provided that the lighting is installed, staff recommends approval
of the application.
Mr. Lopez, architect for St. Rose of Lima, began the discussion by submitting an up dated survey
indicating the proposed addition with the recommended lighting. Upon further discussion, Mr.
Fernandez moved to approve the site plan as submitted. Mr. McCoy seconded the motion and the
vote was unanimous in favor.
# 00-0316-03
Danny G. Varona
Variance — Sec. 516(e): vinyl shed
517 NE 91 Street
Mr. Berg's recommended approval of the application because the strict application of the code
makes it impossible to comply with the masonry requirement.
Mr. Fernandez began the discussion by asking Mr. Varona if he met the four requirements for a
hardship variance. Mr. Varona discussed the question and it was determined that he did not meet
the requirements for a hardship variance. Mr. Fernandez moved to deny the variance. Mr.
Sturman seconded the motion for further discussion. Upon further discussion, the vote was
unanimous in favor.
• Mr. Crutchfield moved to pass a resolution of intention to propose an amendment to 5516(e) of
the Village Code to allow utility sheds constructed of vinyl subject to the same requirements as a
• Planning & Zoning meeting - 3 - March 16, 2000
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metal utility shed under S516(e). Mr. Sturman seconded the motion for discussion. Upon further
discussion, the vote on the motion was; Mr. Crutchfield YES; Mr.s' Fernandez, Powell, Sturman
and McCoy NO. The motion failed.
#00-0316-04
Catherine V. and Oscar Resek 161 NE 92 Street
Variance — Sec. 523.1: fish pond not masonry construction
Mr. Berg recommended approval of the request provided that setbacks are met and provided that
a protective pool enclosure fence is maintained. Upon further discussion, the Board recalled an
application for an above ground pool which they had denied. They further stated their concerns
with regard to filtration of the pond as well as the safety of a fence. Mr. McCoy moved to deny
the request. Mr. Fernandez seconded the motion. The vote was Misters Fernandez, Powell,
Sturman and McCoy — YES and Mr. Crutchfield - NO. The request was denied 4-1.
# 00-0316-05
Patricia Montoya
Variance — Sec. 518 — 6' fence
10658 NE 10 Court
Mr. LuBien stated the applicant was not present. Mr. Fernandez moved to table this item. Mr.
Sturman seconded the motion and the vote was unanimous in favor.
ITEM# III BOARD REPORTS/DISCUSSION
A. Parking Study
Mr. Berg began the discussion by asking the Board to review the staff report and analysis of how
Other municipalities calculate parking requirements for schools. Landscaping is very much a part
of parking design and should also be considered. Upon further discussion, Mr. Berg suggested
that he will draft an ordinance with regard to revised parking requirements including
landscaping.. Mr. Berg stated he should have the drafted ordinance by the next scheduled
meeting. The Board asked Mr. Berg also to consider compact car vs full size car and shared
parking while drafting the ordinance.
B. Open-air Cafes
The drafted ordinance was reviewed and because the Board wanted to make changes, Mr. Berg
suggested the Board review the proposed ordinance and submits their individual suggestions to
him for possible revisions. The Board agreed to hold a workshop on the subject.
otion for adjournment was made at 10:55 PM
Veronica A. Galli, Recording Secretary