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HomeMy Public PortalAbout1993-05-18 Regular Meetingzoo COUNCIL MINUTES REGULAR MEETING - MAY 18, 1993 The regular meeting of the Bal Harbour Village Council was held on Tuesday, May 18, 1993, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 9:30 a.m. by Mayor Stern. The roll was called and those present were: Mayor Estelle Stern Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Councilman Sol m. Taplin Also present: Carole Sherouse Morris, Village Manager Jeanette Horton, Village _Clerk Richard J. Weiss, Village Attorney As a quorum was determined to be present, the meeting commenced. 2. Approval of Minutes: A motion was offered by Councilman Boggess and seconded by Assistant Mayor Blank to approve the minutes of the April 19, 1993, Induction Meeting. There being no changes or additions, the motion carried unanimously (5 -0), and the minutes were approved as submitted. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin to approve the minutes of the April 20, 1993, ; Regular Meeting. There being no changes or additions, the motion:', carried unanimously (5 -0), and the minutes were approved as submitted. 3. Presentations: Officer of the Month - Ralph Cubela Chief Treppeda read from his memo the accomplishments of the Officer of the Month for April 1993, Ralph Cubela. Chief Treppeda explained that Officer Cubela was unable to be present to accept this award today. He further stated that Officer Cubela will be given a plaque, and a check in the amount of $100 from the Village. Mayor Stern stated that Mrs. Morris has commented that Dr. Dunn has an early meeting, and with the Council's permission would like to hear that portion of the meeting at this time. Councilman Boggess stated that Dr. Hastings has not yet arrived. Mrs. Morris suggested that the' first variance request be heard at this time. The Council approved to hear the variance and then hear from Dr. Dunn. 4. Public Hearing: The Village Clerk advised the Council that the owner of the property located at Lot 20, Block 9 of the Residential Section of Bal Harbour, more commonly known as 208 Park Drive, is seeking a variance of Section 21 -127 to correct an existing violation of a 1" encroachment into the side setback. YU I Mayor Stern then open the Public Hearing. Mr. Stephen Beyer, Attorney for the owner, addressed the Council. He stated his client is requesting this variance to correct an existing encroachment into the side setback. He further stated this encroachment has existed since the house was built in 1946, and was recently discovered when the property was surveyed. Mrs. Morris stated she has spoken to the Village engineers who explained the margin of error, and saw this type of encroachment as not unexpected. Assistant Mayor Blank stated he felt this was a waste of time for discussion of encroachment that has been in existence for forty -five years. Mayor Stern then closed the Public Hearing. A motion was offered by Assistant Mayor Blank and seconded by Councilman Taplin that this variance request be granted. The motion carried with the vote as follows: Mayor Stern aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin aye. F Mr. Weiss stated he has discussed this with Mrs. :Morris, and suggested that the Village get a letter from our Village Engineers. He explained this letter would state percentage withid an error factor, therefore building permits could be issued without requiring a variance. 8. Dr. Hastings - Amphitheater: Mayor Stern explained to Dr. Hastings that this item was moved up on the agenda to accommodate Dr. Dunn. Dr. Hastings stated that he requested to be 1 on todays' agenda because of his concerns on the proposed Amphitheater. Dr. Hastings reviewed his knowledge of what has transpired on this issue. He further stated that the Village can go into a lawsuit or leave matters to the experts. He continued to explain that he met with Dan Paul who advised him that John Fletcher was an expert in this type of case. Dr. Hastings further stated that if the Amphitheater is partially enclosed Bal Harbour will hear the noise. He continued to explain how sound travels, and that the weather also effects sound. He further questioned if Bal Harbour has status and reserved the right to bring action later. Dr. Hastings stated he would like to recommend that a committee be formed to consult with John Fletcher on this matter. Councilman Taplin questioned Dr. Hastings if he was suggesting that the purpose of this Committee would be to decide whether to proceed. Dr. Hastings replied yes, he is suggesting that the Village consult someone whether to proceed or not. Councilman Taplin stated that it's not a matter of should the Village proceed or not, the Village is going ahead. Dr. Hastings explained it is not a matter to proceed or not, the Village may be going the right way, therefore talk to another expert. He further stated that the Village not hire Mr. Fletcher but consult with him. Councilman Hirschl stated at this point it would be appropriate to let Mr. Poole respond. Mr. Poole stated his reason for appearing before the Council today, Regular Council Meeting 5/18/93 2 202 which is the number of conversations with Dr. Hastings and Mr. Brown. He further stated that this discussion today is an attempt t to resolve the differences in the opinion how the matter should be handled. He further stated since the Council is his client, and the representatives of the citizens of the Village of Bal Harbour, that decision is up to the Council. Mr. Poole gave a brief update in the overall process. He further pointed out to the Council that in the Joint Resolution, Section One, Section Two, Section Three, he then read verbatim, from the Resolution. Mr. Poole stated that the decisions of the Council are Public Record, as well as what is said is Public Record. Assistant Mayor Blank questioned if the State and Federal agencies have been contacted concerning this piece of property. Mr. Poole replied he has retained a consultant to look into the environmental contamination problems, which is not only an EPA issue but a Dade County issue. He further stated there is a major concern from an environmental point of view, and he has expressed and reserved the right to raise in a lawsuit. Councilman Hirschl questioned Mr. Poole if he still stood by his opinion that the Council would make the final decision whether 'the Council agrees with the scientist. Mr. Poole replied yes. Councilman Hirschl stated that the outcome is, if the Village is not happy with the outcome of the studies, can the Village still sue? Mr. Poole replied yes. Mayor Stern questioned the statute of limitations. Mr. Poole replied in this situation there are none. Councilman Boggess questioned how does the approach the Village is taking differ from the approach John Flechter is taking. Mr. Poole replied that Mr. Fletcher is raising separate issues. He further stated that he has provided Mr. Fletcher with copies of the Village Resolution and kept him informed on where we were in this process. Councilman Boggess further questioned how long the project would be delayed if the status of Development of Regional Impact is given to the project. Mr. Poole replied it would delay them. Dr. Stanley Dunn, addressed the Council, and stated his main intent was to represent the Village. As well as, to insure that the harmony of the community is preserved, in the eventual possibility that this facility goes into operation. Dir. Dunn explained the different components considered in noise study. He further explained his participation with Dr. Bragdon in the noise study. He continued by stating that his purpose is to make sure that a fair representation is seen by all and that it's an effective representation. He further stated the study will determine what realty is and what the conclusions are. Councilman Boggess commented.that on the sound study that has been done so far at locations in North Miami and Bal Harbour. The studies done in Bal Harbour, one on the waterfront, one on the 16th floor of the Bal Harbour Tower, show we are out of our decibel level and above. Mr. Poole explained that the cumulative effect of decibels, if it is already noisy, when adding the decibels are not cumulative. Dr. Dunn agreed and stated he will look into the effect of traffic noise on AIA, and residential areas that are Regular Council Meeting 5/18/93 3 L OI- closer to the bay that are much quieter. k , Dr. Hastings requested the Council to seek another opinion from Mr. Fletcher. He further stated that he will pay for any charges. He requested the Council to give serious consideration to appointing a Committee. . William Whitman stated he would like to talk about the scientific studies, as to noise levels. He stated that the direction of wind is an important factor, therefore the selection of the date of the sound tests should tie into the direction of the wind. He further stated the direction of the wind could have quite a different result. Mikki Canton, with the firm of Holland & Knight, addressed the Council. She stated that she was involved in the initial process, but has not been actively involved because she believed the lead attorney is the expert in this field. She further stated the question is whether the Council has confidence in Mr.' Poole. Ms. Canton proceeded to explain her conversation with Dr. Hastings, and that she had advised him to pose any questions he may have through the Council. She continued by saying that if the Council did not agree with this process, please advise, as this is the only reason she appeared today. Mayor Stern thanked Ms. Canton. `;. Charles Brown reviewed what had transpired between Barbara Schindler, who heads up the Coalition, concerning becoming a plaintiff from Bal Harbour. He further stated that Mario Noto is the plaintiff from Bai Harbour in the suit Mr. Fletcher has filed against North Miami. Mrs. Morris stated that based on her conversations with Mr. Poole, about whether people should become involved in fund raising. Mr. Poole replied that we should not stop them, the more involved, the less chance of this going forward. She further stated that the rules for individuals suing a Municipality, and the procedure for a Municipality suing a Municipality is different. Mayor Stern stated this was the reason she.questioned the statute of limitations. She further asked Mr. Poole if he would meet with Dr. Hastings and Mr. Fletcher. She continued to state in this way Dr. Hastings would be informed as to the status, through Mr. Poole's efforts and Mr. Fletcher's efforts. Mr. Poole replied he would be pleased to meet with Mr. Fletcher and Dr. Hastings. Councilman Hirschl requested Mr. Brown to be present also. Mayor Stern stated that by meeting with Dr. Hastings, Mr. Brown and Mr. Fletcher, maybe the Village could get answers as to where we are going, as well as to satisfy everyone as to our procedure. Mr. Poole requested clarification as to the function of this meeting. Mayor Stern replied that the meeting would be just an informational session. Dr. Hastings requested that Ted Sheil also be present at this meeting. Mayor Stern stated that a meeting will be arranged Regular Council Meeting 5/18/93 4 204 and then all be advised. 4. Public Hearing: The Village Clerk advised the Council that the owner of the property located at lot 1 of the Ocean Front District of Bay Harbor, more commonly known as 9601 Collins Avenue is seeking a variance of the following: Section 21- 285(1) density of 73.33 units per acre; Section 21 -286 floor area ratio = 4.59 to 1; Section 21 -287 permit lot coverage of 16.7 %; Section 21- 291(1) front setback to 58.50 ft. and parking structure to 20 ft.; Section 21- 294(2) request issuance of Building Permit for the Model Building prior to obtaining a permit for the main building; Section 21- 291(4) North side setback to 64.50 ft. and the South side setback to 72.50 ft.; Section 21- 294(1) reduce the front and side setbacks for the Model Building to 5 ft. Mayor Stern then opened the Public Hearing. Carter McDowell, Attorney from the firm of Fine Jacobton, addressed the Council on behalf of the owner Pru Shel :;Development Partnership. Mayor Stern stated she will not participate in any discussion of this matter. Mayor Stern then passed the gavel to Assistant Mayor Blank. Mr. Weiss stated that concerns were raised by objectors and staff regarding consistency with the Comprehensive Plan. He requested McDowell to address those issues. Mr. McDowell stated that the Bal Harbour Shops and Sheraton Bal Harbour have withdrawn their objection to the plans. He then proceeded to address the issue of the Comprehensive Plan as requested. He quoted from the future land use element of the Comprehensive Plan, as well as from the existing land use element. He further addressed the issue of density in the Comprehensive Plan. He stated that he does not believe that a density limitation is set forth in the plan, except under the existing land use element. Mr. McDowell explained that the Village zoning code does address density. He then addressed the Land Use Regulations and Zoning issues that pertain to the variance application. Mr. McDowell addressed each variance request separately. Assistant Mayor Blank stated the main issue is the density. The question of when the Balmoral was built was voiced, due to the number of units. Mr. Desharnais checked the records and found the Balmoral was built before the code was changed to 55 units per acre. Assistant Mayor Blank questioned how many stores are proposed. Mr. McDowell replied 24 stories, ten units per floor for a total of 220 apartments. Tim Crespi, Vice President of the Civic Association, stated a vote by the Board to unanimously approve a motion to oppose a request for zoning variances. He then stated the various reasons for the Civic Association opposition to this variance. He continued to state if the building was reduced to 17 stories 170 units, there would be no objection. Stan Shanborn, 74 Bal Bay Drive, questioned the traffic issue. He further stated that he moved to Bal Harbour to get away from excess Regular Council Meeting 5/18/93 5 205 population, Bal Harbour has enough people. Dr. Stuart Harris, commented concerning density, can not see any justness for the increase in density. Councilman Boggess questioned if pool deck extends toward the Ocean, more than any other piece of property. He further stated it appears the proposed building would be also extend. Assistant Mayor Blank explained that it was within the seawall. Margie Shell, 9801 Collins Avenue, questioned if the National Seashore has been advised that building will be close to Ocean. Mr. McDowell replied they have discussed this with the Department of Natural Resources. John Scala, 101 Biscay Drive, requested the Council to consider if variance is granted, what will happen if a request for a variance on a Hotel is applied for Church by the Sea, as well as Bal Harbour Club. He continued to state this will have a major effect on traffic. Assistant Mayor Blank then closed the Public Hearing. a. Councilman Hirschl stated the Village has controlled density since 1974, high density is undesirable. He further suggested seven units per floor, which would bring into density compliance. - Councilman Taplin stated that if Bal Harbour had not kept to 55 units per acre, there would be twice as many people living in the Ocean Front District. He further stated therefore he is against going forward with the variance. He continued by stating the developer is entitled to some consideration, he would approve granting a 75 foot setback, with 55 units per acre. Mr. Weiss pointed out to the Council that five variance requests deal with the main structure and two variance requests with the Model Building. He then reviewed the variances that deal with the Main Structure. He continued by explaining the criteria of the code, as well as his concerns about the Comprehensive Plan. Mr. Weiss stated he is less concerned with the issue of use, but more difficulty with the limit of units per acre. He further stated that if the Council did approve the variance, staff has recommended a removal bond. He continued to advise the Council that they have the option of dealing with the variances on whole or individual bases. Assistant Mayor Blank questioned Mr. Weiss for his recommendation on voting for individual variance or as a whole. Mr. Weiss replied that would depend on the developer. Mr. McDowell stated if acceptable, address the density issue, and allow the same footprint. Councilman Taplin stated since this property is the entrance to Bal Harbour, therefore it is very important. Councilman Hirschl Regular Council Meeting 5/18/93 6 ell questioned Mr. Oren if he could build a 17 story building, with 170 units. Mr. Oren replied yes. Councilman Taplin stated that five units more does not make a difference. A motion was offered by Councilman Hirschl that on the Main Structure, grant all variances with the condition on density be limited to 165 units and building not taller than 17 stories, according to existing code. Mr. Weiss clarified the variances that were approved or denied. The variances that are denied are density and lot coverage, but to modify floor area ratio, therefore to approve front setback, side setback. He further stated this is a very confusing issue, he then suggested this Public Hearing be continued to a date certain. A motion was offered by Councilman Boggess and seconded by Councilman Hirschl to continue this Public Hearing until June 1, 1993 at 4:00 p.n. The motion carried unanimously. ', 9. Gold Coast Commuter Services - Lucy tinsworth Mrs. Morris stated the representative from Gold Coast Commuter Services had to leave, and requested to be rescheduled for June. 10. Reports and Recommendations: A. Mayor and Council: None B. Village Attorney: None F. C. Village Manager: 1) Award of Bid - Landscaping of Harbour Way: Deferred until June 1, 1993 meeting. 11. Other Business: Fred Kregel requested the Council to consider a summer unemployment program. Mrs. Morris replied that two youths are employed part time during the summer. 12. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Hirschl and seconded by Assistant Mayor Blank. The motion carried unanimously (5 -0), and the meeting adjourned at 12:30 p.m. Mayor Estelle St rn Attest: Jeanette Horton, CMC /AAE Village Clerk /jh Regular Council Meeting 5/18/93