HomeMy Public PortalAbout1993-06-01 Special Meeting��
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o f t h e B a l H a r b o u r V i l l a g e C o u n c i l w a s
h e l d o n T u e s d a y ,
J u n e 1 ,
1 9 9 3 , i n t h e C o u n c i l C h a m b e r a t B a l
H a r b o u r V i l l a g e H a l l .
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b y M a y o r S t e r n .
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w a s c a l l e d a n d t h o s e p r e s e n t w e r e :
M a y o r E s t e l l e S t e r n
A s s i s t a n t M a y o r M a t t h e w B . B l a n k
C o u n c i l m a n J a m e s E . B o g g e s s
C o u n c i l m a n A n d r e w R . H i r s c h l
A l s o p r e s e n t : C a r o l e S h e r o u s e M o r r i s , V i l l a g e M a n a g e r
J e a n e t t e H o r t o n , V i l l a g e C l e r k
G i l b e r t o P a s t o r i z a , D e p u t y V i l l a g e A t t o r n e y
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A s a q u o r u m w a s d e t e r m i n e d t o b e p r e s e n t , t h e - m e e t i n g
c o m m e n c e d .
2 . P u b l i c H e a r i n g : M a y o r S t e r n p a s s e d t h e g a v e l t o A s s i s t a n t
M a y o r B l a n k . W h o p r o c e e d e d t o e x p l a i n t h a t t h i s i s a c o n t i n u a t i o n
o f t h e P u b l i c H e a r i n g f r o m M a y 1 8 , 1 9 9 3 , C o u n c i l M e e t i n g . T h e
V i l l a g e C l e r k a d v i s e d t h e C o u n c i l t h a t t h e o w n e r o f t h e p r o p e r t y
l o c a t e d a t L o t 1 o f t h e O c e a n F r o n t D i s t r i c t o f B a y h a r b o r , m o r e
c o m m o n l y k n o w n a s 9 6 0 1 C o l l i n s A v e n u e i s s e e k i n g a v a r i a n c e o f t h e
f o l l o w i n g : S e c t i o n 2 1 - 2 8 5 ( 1 ) d e n s i t y o f 7 3 . 3 3 u n i t s p e r a c r e ;
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l o t c o v e r a g e o f 1 6 . 7 % ; S e c t i o n 2 1 - 2 9 1 ( 1 ) f r o n t s e t b a c k t o ' 5 8 . 5 0 f t .
a n d p a r k i n g s t r u c t u r e t o 2 0 f t . ; S e c t i o n 2 1 - 2 9 4 ( 2 ) r e q u e s t i s s u a n c e
o f B u i l d i n g P e r m i t f o r t h e M o d e l B u i l d i n g p r i o r t o o b t a i n i n g a
p e r m i t f o r t h e M a i n B u i l d i n g ; S e c t i o n 2 1 - 2 9 1 ( 4 ) N o r t h s i d e s e t b a c k
t o 6 4 . 5 0 f t . a n d t h e S o u t h s i d e s e t b a c k t o 7 2 . 5 0 f t . ; S e c t i o n 2 1 -
2 9 4 ( 1 ) r e d u c e t h e f r o n t a n d s i d e s e t b a c k s f o r t h e M o d e l B u i l d i n g t o
5 f t . A s s i s t a n t M a y o r B l a n k t h e n o p e n e d t h e P u b l i c H e a r i n g .
C a r t e r M c D o w e l l , A t t o r n e y f r o m t h e f i r m o f F i n e J a c o b s o n , a d d r e s s e d
t h e C o u n c i l o n b e h a l f o f t h e o w n e r P r u S h e l D e v e l o p m e n t
P a r t n e r s h i p . M r . M c D o w e l l s t a t e d t h a t a t t h i s t i m e h e w o u l d l i k e
t o r e v i s e t h e o r i g i n a l v a r i a n c e r e q u e s t s . H e f u r t h e r e x p l a i n e d
t h a t t h i s i s b a s e d o n t h e i n p u t b y t h e C o u n c i l a t t h e l a s t m e e t i n g .
H e c o n t i n u e d t o e x p l a i n t h e d w e l l i n g u n i t s h a v e b e e n r e d u c e d b y 4 5
u n i t s , t h e f l o o r a r e a r a t i o s h a v e b e e n r e d u c e d , a n d t h e b u i l d i n g i s
n o w 2 1 s t o r i e s . H e f u r t h e r e x p l a i n e d t h e f o o t p r i n t o f t h e b u i l d i n g
h a s n o t b e e n c h a n g e d , h o w e v e r t h e f r o n t s e t b a c k h a s b e e n i n c r e a s e d
f o r t h e p a r k i n g s t r u c t u r e .
C o u n c i l m a n B o g g e s s q u e s t i o n e d t h e f r o n t s e t b a c k t h a t i s r e q u e s t e d .
M r . M c D o w e l l r e p l i e d , a s w e l l a s e x p l a i n i n g , t h a t t h e f o o t p r i n t o f
' t h e b u i l d i n g h a s n o t c h a n g e d . H e s t a t e d t h e o n l y c h a n g e s m a d e w e r e
S p e c i a l C o u n c i l M e e t i n g 6 / 1 / 9 3 1
the size of the building and cut on the corner of the parking
garage. Councilman Boggess questioned the lower level of the lY
parking garage. Mr. McDowell stated that per the Village Code, the
lower lever is not considered a story. He continued to explain it
will be approximately 5'8" above ground, and there will be two
levels of parking, and the number of parking spaces to be provided
will be 321.
Edward Needles, 73 Bal Bay Drive, questioned the height and
density. Mr. McDowell explained the building has been reduced in
size and the number of square feet is less.
Richard Olsen, 223 Bal Bay Drive, questioned since the density was
reduced why not reduce 10 units more to be within code.
Assistant Mayor Blank then closed the Public Hearing.
Councilman Hirschl stared they must do what is -best for Bal
Harbour. However, the Council does recognize the Limitations of
the property. He further referred to the meeting of May 18, 1993,
of the Council discussion of allowing the footprint of the building
to remain, and on the setbacks. He continued by srhting the
Council had advised them to come back with plans for 17 stories and
165 units.
Mr. McDowell replied that the owners did understand the Council,
and the plans were reviewed. He further stated his clients believe
their request on density is justified and minimal.
Assistant Mayor Blank stated that setbacks are not a problem but
the density is the problem. He stated the developers are building
the Palace, which is a beautiful building, as well as the Waves in
Surfside. Therefore he would recommend approval of the 1-75 units.
Councilman Boggess questioned when the original code went into
effect. Mr. Desharnais. the Building Inspector, replied 1974.
Councilman Boggess then read an exerpt of Council comments from the
meeting of May 18, 1993 meeting, regardin -g the motion made by
Councilman Hirschl, that the density be limited to 165 dwelling
units and the building not taller than 17 stories. Mr. McDowell
stated that 17 stories were always on top of two common element
stories. Councilman Boggess stated he could not vote for anything
more than 55 units per acre.
Mr. McDowell stated he would like to reduce his request to 165
dwelling units and 20 stories. He further stated this would have
the floor area ratio at 3.88.
Mr. Pastoriza advised the Council of the criteria of the Village
Code under Section 21 -53.
Mr. McDowell outlined the revised variances as follows: Section 21-
286 floor area ratio 3.88; Section 21- 291(1) front setback Main
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Building 58.5 ft. to 89.5 ft., Parking Structure 28.17 ft.; Section
21- 294(2) permit the issuance of Building Permit for the Model
Building before the issuance of all required Building Permits for
the Main Building; Section 21- 294(4) North side setback 64.50 ft.
to 215 ft. and South side set back 71.50 ft. to 146.27 ft on the
Main Building; Section 21- 294(1) front and sides setbacks for Model
Building 5 ft.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl that having met all the requirements of Section
21 -53 to grant all variances as last outlined by Mr. McDowell, of
165 Units, 20 Floors and setbacks as enumerated. The motion
carried with the vote as follows: Mayor Stern abstain; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin absent.
3. Award of Bid - Landscaping of Harbour Way: Mrs. Morris
stated that three bids have been received for the` landscaping
improvements on Harbour Way. She enumerated the bids-as follows:
Vila & Son $9,935.00; Brett Parrish Landscaping $13,000.00; and
Greenside Up,Inc $10,972.50. She further stated that Mrl O'Leary
has reviewed the bids and his recommendation is that the Village
proceed with Vila & Sons. Mrs. Morris stated that bids where also
sought for the constructions of the entrance signs and demolition
of the existing sign. Two bids have been received, Homestead
Concrete & Drywall $9,163.00 and Lightsey Concrete Company
$7,700.00. Discussion ensued as to Mr.O'Leary's estimate of the
project that was $22,900. Mrs. Morris stated this estimate did not
include his fee. She further stated the bids received total
approximately $209000. Mayor Stern questions the portion. that will
be paid by the Security District. Mrs. Morris replied $5,000 and
the balance will be funded from Resort Tax. Councilman Hirschl
explained the justification for using Resort Tax Funds. Councilman
Boggess questioned if a concrete sign was essential at this
location. Mrs. Morris stated only $5,800 is the cost of the sign.
She further explained the balance is for the demolition of the
brick wall.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to approve the residential district re-
landscaping and signage including Mr. O'Leary's fee not to exceed
$22,920. The motion carried with the vote as follows: Mayor Stern
aye; Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Boggess aye; Councilman Taplin absent.
4. Other Business: Mayor Stern explained she had a
conversation with Mrs. Morris on increasing the Citizen Advisory
Committee to approximately 10 members. She further explained that
Mr. Poole in a letter to Mrs. Morris also recommended increasing
the Citizen Advisory Committee to between 5 and 10 members.
Mrs. Morris reported that the City of North Miami has received
Special Council Meeting 6/1/93 3
another extension from the Department of Community Affairs.
Therefore, the ruling on the D.R.I is not expected until June 15th.
Mr. Poole explained to the Council the D.R.I. process according to
Florida State Statute Chapter 380. He further reviewed the history
of this process involving the City of North Miami. Councilman
Hirschl question how could an outdoor amphitheater not have
regional impact. Mr. Poole explained if the facility was small
enough it could be under the threshold of not having a regional
impact. Mr. Poole continued to explain the requirements for
determining if a development is of regional impact, one of which is
the parking spaces. He further explained the criteria the State
will use to determine the number of parking spaces is the City of
North Miami Code. Councilman Boggess stated that the City of North
Miami could change their Code. Mayor Stern questioned if the City
of North Miami does change their Code, would this action change the
Villages' agreement. Mr. Poole replied yes, since the Village has
negotiated with them in good faith. He continued to explain the
procedure the Village would have to follow to takeFaction. Mr.
Poole explained to the Council if a D.R.I. is issued it ;.would delay
the project for nine to eighteen months. He further reported he
has also met with DERM and gave them a copy of the report that
summarized all the environmental issues.
The Council at this time discussed appointment to the Citizen
Advisory Committee. Mayor Stern offered the following names to be
members of the Committee: Dr. Hastings; Charlie Brown; Ted Sheil;
Mario Noto; Dr. Harris; Bill Grover; Ralph Cades; Raj Singh; Lou
Bononi. Councilman Hirschl offered the names of Patricia Tumpson
and Margie Shell.
A motion was offered and amended by Councilman Hirschl and seconded
by Assistant Mayor Blank that a Citizens Advisory Committee be
formed encompassing the names that were offered and that Dr.
Hastings be Chairman of this Committee. The motion carried
unanimously with the vote as follows: Mayor Stern aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Boggess aye;
Councilman Taplin absent.
5. Ad.iourn: There being no further business to come before
the Council, a motion was offered by Assistant Mayor Blank and
seconded by Councilman Boggess to adjourn. The motion carried
unanimously (4 -0) with Councilman Taplin absent, and the meeting
adjourned at 5.40 p.m.
Mayor Estelle Stern
Attest:
<Jeanette Horton. CMC /AAE
Village Clerk
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