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
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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