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HomeMy Public PortalAbout1995-07-10 Special Meeting45 COUNCIL MINUTES SPECIAL WORKSHOP MEETING - JULY 10, 1995 A special workshop meeting of the Bal Harbour Village Council was held on Monday, July 10, 1995, in the Council Chamber at Bal Harbour Village Hall. The meeting was called to order at 3:00 p.m. by Assistant Mayor Matthew Blank. The roll was called and those present were: Also present: Assistant Mayor Matthew B. Blank Councilman James E. Boggess Councilman Andrew R. Hirschl Councilman Sol M. Taplin Alfred J. Treppeda, Interim Village Manager/Police Chief Jeanette Horton, Village Clerk Stephen Hellman, Village Attorney Daniel Nieda, Village Building Official Michael Miller, Craig A. Smith & Associates Absent: Mayor Estelle Spiegel As a quorum was determined to be present, the meeting commenced. 2. Discussion Zoning Issues Relating to the Yacht Club Property: Assistant Mayor Blank directed that the discussion concerning this issue be started by the Village Attorney Stephen Heitman. Mr. Helfman stated that he understood that there has been some concern and discussion about the uses permitted on the PC zoned property, in particular the Yacht Club portion on the western side of the Village. Both the Village attorneys and Village planners have looked at the zoning regulations on that sight. He stated it is important to understand that the discussions with respect to this sight are irrespective of who the owner is or who any potential developers are of this sight. Discussion amongst this Council should be with respect to land use and zoning issues, limited to that, and whether or not you want to consider the implementation of reasonable land use and zoning restrictions on the property. At the moment, the restrictions are few. Mr. Hellman asked to limit the discussion to the land use and zoning issues irrespective of any potential plans that you may hear about or learn about for the property. There is nothing before the Village now, there is nothing to consider. If there would be we would conduct public hearings with respect to any application that came forward and treat anybody's application with respect to that sight fairly and through that process. So, this is a general discussion with respect to any further restrictions on that property. Councilman Hirsch' questioned what are the restrictions on that property. Mr. Heitman responded they are principally limited to a private club use and typically ancillary uses such as tennis courts that you might have at a private club. There are no development criteria restrictions in terms of height or set back with the exception of a pool. There are some regulations that 46 control set backs for pools and there are parking restrictions that apply in all districts within the Village. But, you do not see the typical type of regulations that you would see with respect to floor area, lot coverage, landscape, open space, height restrictions, set backs, those types of things are absent from this section. Assistant Mayor Blank asked Mr. Helfman if he was aware that the Council has never received a request from anybody about any kind of a change. This is just rumors that the Council has heard. Assistant Mayor Blank stated that he is assuming that the audience present will have something to say about requesting whatever they want and that is what we are here for today, for the discussion purposes and questioned if that is correct. Mr. Helfman responded that the workshop is to consider potentially development criteria for this parcel. Not to discuss any potential development on the sight or any potential contract to purchase it. That is a matter between the owners of the Club and whoever their developer may or may not be. So, this body is here to discuss potential land use and zoning restrictions for the property and development criteria for the property. Mr. Helfman continued in response to the question he is not aware of any development proposal that has been submitted to the Village. Assistant Mayor Blank responded that is correct. Councilman Boggess stated that we have been handed a report from Mike Miller of Craig Smith & Associates, our consulting engineers, which has some recommendations in it and thinks we should hear from him. Councilman Hirschl stated that he would like to make a general comment. He continued that there are no particulars, but in looking at the zoning for our city that the PC district has virtually no restrictions. It is an unusual situation in that there is a commercial operation within a residential environment therefore, the Council has been concerned about compatibility if in fact there is development on that sight that there are some criteria with which we can at least try and regulate for a development to occur and be compatible within a residential enclave. Mike Miller addressed the Council to discuss this issue and the report that was handed out. He explained they did a summary of the property characteristics, particularly looking at the Yacht Club property such as the set back of the building. They then looked at the relationship of that property to adjoining properties. Upon looking at the land development regulations this is the only zoning district that doesn't really have any zoning criteria. He continued that his recommendation is to simply create some zoning district regulations such as set backs, height, lot coverage. In addition, because of the nature of the PC zoning district locations it is suggested that some words are put in the land development regulations to require such uses as this to go through a special review process. That would bring the site plan to you and you could review that, listen to public comment, you'll have basic zoning criteria in you code by that time. Then you'll be able to look at specialty things as it effects the property and put special conditions attached to the site plan. Councilman Taplin stated that the item on the agenda is relating to the Yacht Club property. That's just the Yacht Club and has nothing to do with the Social Club. He then questioned if this Special Council Workshop Meeting 7/10/95 2 47 is something to be taken up for the Yacht Club only or is it for the whole program. Mr. Miller responded that they looked specifically at the Yacht Club, however the PC zoning district applies to more than one piece of property. So, the analysis is based on both properties. Councilman Taplin then questioned if we are referring to the entire Club property and not only the Yacht Club. Assistant Mayor Blank responded that it is the Ocean and the Yacht Club. Mr. Miller stated that there are two tracts here and you have to write zoning criteria that apply to all properties that are zoned in that particular category. Since a high rise condominium is not a permitted use in that category that someone would have to re -zone the oceanfront property if they would want to do something with that to our OF oceanfront district category and then they would be subject to those regulations. Assistant Mayor Blank stated that he thinks we are putting the cart before the horse since we have not been requested of any kind of zoning whatsoever from anyone in Bal Harbour, why are we considering the entire zoning issue. He believes that the agenda should have read discussion issues relating to the Yacht Club property. Councilman Hirschl responded that is what it says. Assistant Mayor Blank stated that it reads discussion zoning issues relating. This workshop meeting was for discussion issues relating to the Yacht Club property. This PC zoning is owned by the Bal Harbour Club which owns the Yacht Club and the ocean front parcel, it is all one package. If we separate them and re -zone a portion of it we may be setting a precedence for the Bal Harbour Club. Councilman Hirschl stated that we are not zoning. Assistant Mayor Blank stated that zoning is the issue as far as the agenda is concerned. Mr. Miller stated our intention was to talk about zoning issues not just the re -zoning of a piece of property. Zoning means the land development regulations that effect property, which is what is being addressed. We would be changing the words in the district regulations not re -zoning any property. We would be putting words into the code book that specify set backs and height limitations and so forth. Not re -zoning anybody's property. Councilman Hirschl stated this discussion has nothing to do with re -zoning, there is no re -zoning of the PC district at all here. We are discussing possible parameters for the PC district on the Yacht Club property, although nobody wants to impede development that is private property, but because it falls within a residential enclave. Councilman Boggess stated that our first workshop was back in November of '93 and it was just picked up again four months ago. He then emphasized that this report is reference the PC Private Club Zoning District Yacht Club property. It is not to change the zoning. The present regulations on the PC property were probably promulgated after the Clubs were built. These Clubs were used as an inducement for people to buy property in Bal Harbour. It goes back 47 or 49 years, but it was the old developer's trick to build a club and they will come and that is what was done. And the Club was here before the Village was incorporated. Councilman Special Council Workshop Meeting 7/10/95 3 48 Boggess questioned Mr. Whitman if that was true. Mr. Whitman stated 50% true, a club was built on the ocean but not on the Yacht Club. Councilman Boggess continued that the rules and regulations of the Village were promulgated after the Club. So, there was no reason to put any restrictions in there because it was already done and most of the houses were not built until the early 50's. So, he thinks that all people are asking us to do is to take some prude precautions. Councilman Hirschl stated that the genesis of this whole meeting is the fact that we have had residents come to Council month after month saying they are concerned about the neighborhood and as the elected officials of the city it is our duty to look at what they are discussing. Not to force anything down anyone's throat, but as Councilman Boggess says, to try in a prudent conservative manner to put minimal limitations that would at least guarantee to our residents that a geodesic dome could not be built, for example, if someone wanted to build one. Councilman Boggess stated that we have started promulgating rules concerning set backs, height restrictions and landscaping on every other piece of property in the Village so, why would we not be in line to start making some for this also. Councilman Hirschl responded that he agreed. Mr. Helfman stated that is perfectly appropriate and you have all the authority that you need to do that. And that he understands that to be the limit of this discussion. Councilman Hirschl stated it has nothing to do with re -zoning of property, or anything except looking at this specific issue. Mr. Helfman added that the only issue with respect to the ocean front is that it also happens to have the same zoning classification and that property is found in the same condition with very few limitations on what can be built there. Assistant Mayor Blank then opened the meeting to the public for discussion: Mr. Anthony Riso, resident 139 Bal Bay Drive, addressed the Council. Mr. Riso explained that he was at the Civic Association Meeting on Saturday and heard the people from the Residential District showing concems about what is happening with the Bal Harbour Club because it is going to compromise our security, bring more people into the Village and increase traffic causing a possible danger to children playing and riding bikes. Mr. Riso then stated that he thinks there is a solution in order to make it as easy as possible for the whole Village to accept. It would pertain to who would be allowed to join the Club. Councilman Hirschl responded that this is an issue for the Bal Harbour Club, not for us. Assistant Mayor Blank reviewed that Mr. Riso had stated that the new members would be restricted to residents in the Private Section only and therefore, any residents that live in the Ocean Front District will not be permitted to join the Club. Mr. Riso responded that if we fill the Club within the District, it is a neighborhood Club. Councilman Boggess replied that this is not our concern and we should not be discussing this at all. Councilman Hirschl stated that the public should understand that today's session is a workshop to deal with what limitations, if any, as residents of the District can be placed that will Special Council Workshop Meeting 7/10/95 4 49 certainly allow private enterprise to continue and to allow homeowners to coexist with a private enterprise within their confines that will not be too obtrusive, which is the issue today. It is not an issue for this Council. Ms. Patricia Tumpson, President of the Board and resident of the Bal Harbour Plaza (10185 Collins Avenue), addressed the Council. Ms. Tumpson questioned under the present zoning laws what can be permitted to be built in the Club. Mr. Helfman responded that the particular type of structure is not limited. You can have all of the uses permitted in the Single Family district, so you can have homes there. You can have a private club, parking lot, tennis courts, docks and gasoline for docks, restaurants and other facilities that are incident to private clubs. That is the limitation today on what you could have there. Mr. Joel Sussman, resident 190 Balfour Drive, addressed the Council. Mr. Sussman stated he believes that a traffic study should be done and the infrastructure should be investigated. Also, a noise study should be considered. You have to consider many aspects. He asked that the Council not waste any of the city's money, but if you believe that there is an imminent chance of something happening, to get some outside consultants in. Also, the traffic situation from Collins Avenue, maybe they should have their own entrance and security guards. Mr. Sussman stated that people coming into this should have no association with members of the Club or anybody that lives here. They should be complete outsiders and should be presented the problem in an impartial way. Mrs. Nina Rudolph, resident 212 Bal Bay Drive, addressed the Council. Mrs. Rudolph stated she is probably the closest to the Club than anybody right now. She stated that she believes that the people of Bal Harbour should be involved with this study because people bought here because of the privacy and the exclusivity of Bal Harbour. Mr. Helfman stated that this is an initial meeting to discuss whether or not the Council would like to begin the process of developing regulations that would control the development should that sight be developed as a private club. Mrs. Rudolph questioned if the Council is going to be involved in this issue. Mr. Helfman responded that they will be and should be involved in land use and zoning issues on the property like every parcel in the Village. They will not be involved in and are not voting to be involved with in any way in the private transactions involving that sight. Councilman Hirschl stated that for the audience's understanding and the Council's coordination, this is a workshop for the citizens of this community to see if they have any interest in this Council in trying to regulate basic zoning principles on a piece of land. Height, set backs, density and things of that nature. This has nothing to do with the Bal Harbour Club, the future use of that land, or what is put there and what is not put there. This is to protect the tranquility or the convadery that would exist between private enterprise and a residential area. Special Council Workshop Meeting 7/10/95 5 50 Mr. Robert Oliva, resident 191 Bal Bay Drive, addressed the Council. Mr. Oliva questioned if he heard that this is the only Village that does not have set back and restrictions on a private club. Councilman Hirschl responded no. Mr. Helfman responded no. Councilman Hirschl then clarified that our City does not have any restrictions. Mr. Oliva then questioned if other cities have similar restrictions as to private property within their boundaries. Mr. Helfman responded most of them. Mr. Oliva questioned if we have such restrictions as to the shopping center in Bal Harbour. Mr. Helfman responded sure. Mr. Oliva stated that he encourages to adopt them before the bulldozers come in. Mr. Alexander Lankler, resident 276 Bal Bay Drive, addressed the Council. Mr. Lankier asked about the procedure should anybody seek to change from PC to any other form of zoning. What is required by the law in terms of notice. Mr. Helfman responded it would depend on what they asked for. If they asked to re -zone the property it may involve a simple re -zoning, which is a one step process. They would file an application and there would be a public hearing before this Council. In all likelihood, there would be two public hearings because it would be by ordinance which requires two hearings. They would have to establish that they were entitled to the designation that they were asking for. In all likelihood, it would also require an amendment to our Comprehensive Plan because most of the zoning in our Village is tied very closely to a Comprehensive Plan that we have. So, it would require a Comprehensive Plan amendment, which is also another public hearing process. Mr. Lankier questioned if the Comprehensive Plan is amended just by the Council. Mr. Helfman responded that it would have to go to the State of Florida. Mr. Lankier asked if there is a hearing there too. Mr. Helfman responded there are several hearings in connection with a Comprehensive Plan amendment. Mr. Lankier questioned if the Council recommends it then would it go to the State for approval. Mr. Helfman responded yes. Mr. Helfman continued that it would depend on if the request was consistent with the Comprehensive Plan. It is possible that the zoning that was requested would be within what the Comprehensive Plan contemplated and would not require an amendment to the Plan. But, if it was beyond what the Plan had anticipated, it would require a Comprehensive Plan amendment also. Mr. Lankier questioned how many days public notice is required after an application is made. Mr. Helfman responded there is a minimum of a fifteen day notice and there would be mailed notice to the adjacent property owners also. Our code provides that adjacent owners would be 300 feet from the property. Mr. Lankier suggests that if we ever do anything that we notify beyond 300 feet. Mr. Helfman responded that if there is going to be any amendment to the current regulations, that would be noticed in the newspaper to all the residents and it would not be limited to only those residents within 300 feet of the property. Councilman Taplin stated that we do not have anything in front of us presently asking to re -zone the Club in any way whatsoever. Assistant Mayor Blank agreed. Councilman Boggess stated that the citizens of Bal Harbour came to us not because the Yacht Club is going to ask to be re -zoned, but because of their concerns about what might be built there. Councilman Boggess then requested that Mr. Miller go over the recommendations in his report so the audience will know what his recommendations are. Special Council Workshop Meeting 7/10/95 6 nlI Mr. Miller stated that there are no regulations right now in the PC zoning category. There are no regulations that would guide anybody trying to build anything on the property. The only thing that is listed are a couple of uses and some regulations concerning turtles. Mr. Miller then read his recommendation from page 2 and 3 of his report: Recommendation I feel that there are not presently sufficient development criteria existing in the PC zoning district to regulate development designs. Additionally, although the Building Official and ARB perform an excellent job concerning aesthetics, they must consider projects individually and narrowly. These two PC properties are situated in very key, sensitive settings that have potential to negatively impact adjacent properties. A special development approval process is normally utilized by governmental entities to review development projects determined to be sensitive. Such approval processes, typically called "Conditional Approvals' or "Special Exceptions,' require the projects to be reviewed in a public setting, allow public scrutiny and allow the local government to place conditions on the approval such as a specific site plan approval, time of operations, buffering requirements, use approvals, etc. 1 would strongly encourage the Village to establish a mechanism in their Code identifying a process format and to require all development in the PC zoning category to be subject to the review. As to development criteria, 1 would suggest the following as a starting point. A. Setbacks: Front 100' Side 50' Rear 50' B. Building Height: 2 stories/35' max. C. Plot Coverage: 25% max. D. Buffers: 25' from all property lines E. Special Regulations for Accessory Structures 1. Tennis Courts - 25' from all property lines - Light poles 15' height max. with shields - No play after 10:00 PM or before 8:00 AM 2. Swimming Pools - 25' from all property lines - Decks 20' from all property lines I believe the design parameters are necessary no matter what is built on the properties. I will be available to explain these recommendations to the Village Council at the July 10, 1995 workshop and prepare the necessary code amendments with the Village Attorney if authorized to do so. Special Council Workshop Meeting 7/10/95 7 52 Councilman Taplin questioned if Mr. Miller was recommending single family homes. Mr. Miller responded that is an existing use that is in there. It would be something that could be considered. Councilman Taplin added that he thinks it would be a very good solution. Mrs. Joni Blachar, resident 63 Camden Court, addressed the Council. Mrs. Blachar questioned how many swimming pools, tennis courts and parking spaces would fit in the space considering all the setbacks that there need to be. Mr. Miller responded that he could not respond to that accurately because we are trying to put some regulations on the property. The piece where the Yacht Club is built today is 1.8 acres. Mr. Miller continued that he guessed you could get about four tennis courts in there. Daniel Nieda, Village Building Official, addressed the Council. Mr. Nieda showed a scaled drawing of the property showing six tennis courts, no pool and no building. He then explained that it is quite difficult to do anything larger than that because the site is small. Assistant Mayor Blank questioned how close that is to the sea wall. Mr. Nieda responded that it takes up the whole site. Assistant Mayor Blank then stated that we have a restriction in setback for sea walls. Councilman Hirschl responded that we did not for this district. Dina Cellini, resident 211 Bal Cross Drive, addressed the Council. Ms. Cellini stated that she was under the impression that today's meeting was specifically to discuss the various limitations and restrictions that we would consider imposing on this property. She continued that she did not know that this issue was still subject to a vote of the Council. She stated that the rumor of an executed contract for agreement of purchase and sale of the property that calls for the development of a Yacht Chib in our neighborhood is not a rumor. All we are asking for is that specific restrictions are put on the development of this property. Ms. Cellini added that this is not too premature. There is no process that exists right now to prevent them from building without limitation. Furthermore, she is in agreeance with Mr. Miller's suggestion that there be implemented a "Conditional Approval." Mr. Helfman stated that without re -zoning, if they wish to use the property for club purposes they can do that without public hearing and with no limitations in terms of the structure. They do not need a re -zoning to initiate the development process for the property so long as they want to use it for a private club or for single family residential purposes. The only time they would come for a hearing before this Board would be if they wanted to re -zone the land. Mr. Edward Needle, resident 73 Bal Bay Drive, addressed the Council. Mr. Needle questioned about the re -zoning of the property for the PC district. Councilman Hirschl stated to forget the word zoning today. The issue is strictly what limitations, if any, should we place in the PC Yacht Club property that will allow the Yacht Club to be spruced up if desired and yet be compatible with the neighborhood. Special Council Workshop Meeting 7/10/95 8 Mr. Helfman stated that we are concemed with the use of that property no matter who owns it and what point in time. The discussion is whether or not this Council wants to place development restrictions and limitations on PC zoned property within this Village. So they cannot build a condo on either plot without first coming to the Council. Mrs. Rudolph stated that the people of Bal Harbour should be aware that the Club also owns around the entire marina and the property to the other side. That is another concern with the tennis courts. Mrs. Alexandra Ordonez, resident 122 Bal Bay Drive, addressed the Council. Mrs. Ordonez stated that she agrees with Ms. Cellini's statement. She thinks that the Council should start thinking about it, somewhat on either side it is going to come to you. They should look at it now and not wait. She stated that the Council is trying to separate church from state, Council from the Club and are dragging their feet and should think about it soon. Councilman Hirschl clarified that the purpose of today's discussion is to culminate what we all know is festering. It is to mandate that our City Engineer sit down with our Attomey and put together a set of parameters to bring back to Council, which we can further discuss and all live with. This is only to put regulations in what size structure, a private club structure, in the Yacht Club location. Ms. Cellini read from a copy of the contract: The new Yacht Club shall be constructed in conformity with the existing zoning so as to ensure completion of the new Yacht Club as expeditiously as possible. Ms. Cellini added that their intent is to come in and build without ever having to come before the Council and they can do that. Councilman Hirschl added that they do not need our permission in the PC district, that is what we are trying to control. Councilman Boggess stated that he would like to apologize to everyone. In eight years on the Council, he has never felt that they have been so unprepared and so lacking in direction. h is obvious that we need to take the recommendation of our consulting engineers and call this Yacht Club property something that requires conditional approval or special exceptions. Councilman Boggess made a motion that our Consulting Engineer, Building Official, Village Attorney and Village Manager should work together to form some basis for some regulations concerning the property in question. Councilman Hirschl seconded the motion. Councilman Taplin stated that he does not see any reason for it. Assistant Mayor Blank stated that since the code with reference to these districts was made almost 50 years ago, that is when this property was platted out, it is time for a change. He agrees with the motion that was passed and asked that the recommendation be brought before the Council at the next meeting on July 18th. The motion carried unanimously (4-0), with Mayor Spiegel absent. Special Council Workshop Meeting 7/10/95 9 59- Mr. Stanley Whitman addressed the Council and would ask the Village Attomey, although this is not a zoning matter but since it is the concern of the citizens, that actions be taken that put public notice with a newspaper ad. Mr. Helfman stated that we will publish notice of any action by the Council on these regulations in the newspaper so that everybody has adequate notice. Councilman Boggess asked that since time is of the essence, the report be at the next meeting. Councilman Hirschl agreed. Assistant Mayor Blank asked Mr. Treppeda to make note of all items discussed and see that it is ready for the next meeting. 3. Discussion of Other Issues: None 4. Adjourn: There being no further business to come before the Council, a motion was offered by Councilman Hirschl and seconded by Councilman Boggess to adjourn. The motion carried unanimously (4-0), with Mayor Spiegel absent, and the meeting adjourned at 4:15 p.m. Attest: eanette Horton, CMC/AAE Vihage Cletk Special Council Workshop Meeting 7/10/95 Assistant Mayor Matthew Blank 10