HomeMy Public PortalAbout1997-01-21 Regular Meeting52
COUNCIL MINUTES
REGULAR MEETING - JANUARY 21, 1997
The regular meeting of the Bal Harbour Village Council was
held on Tuesday, January 21, 1997, in the Council Chamber at Bal
Harbour Village Hall. The meeting was called to order at 9:30 a.m.
by Mayor Spiegel. The roll was called and those present were:
Mayor Estelle Spiegel
Assistant Mayor Matthew B. Blank
Councilman James E. Boggess
Councilman Andrew R. Hirschl
Councilman Sol M. Taplin
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
David Wolpin, Village Attorney
As a quorum was determined to be present, the meeting
commenced.
2. Approval of Minutes: A motion was offered by
Councilman Hirschl and seconded by Assistant Mayor Blank to approve
the minutes of the December 17, 1996, regular meeting. There being
no changes or additions, the motion carried unanimously (5-0), and
the minutes were approved as submitted.
3. Presentations:
Recognition Plaques for Special Masters: Mayor Spiegel,
on behalf of the Council presented a plaque to Special Master
Darcee Siegel in recognition of the excellent job she has done for
the Village as Special Master since 1990.
Since Special Master Benjamin Oremland had not arrived at this time
the presentation to him was deferred until later in the meeting.
Officer of the Moth - James Balikes: Chief Freeman
read from his memo, the accomplishments of Officer of the Month
for December 1996, Officer Balikes. Officer Balikes was presented
with a plaque and a check from the Village.
4. Public Hearings:
A. The Village Clerk advised the Council that the owner of
the property located at 9600 Collins Avenue is seeking a non-use
variance from Section 21-382(4) to permit a site plan modification
for 44 parking spaces where 57 off street parking spaces are
required. Mayor Spiegel then proceeded to open the public hearing
for comments.
The Village Clerk proceeded to swear in Mr. Nieda, Building
Official, and Larry Kline, Architect, representing the owner
Jai
SunTrust Bank.
Mr. Nieda read into the record his recommendation on the non-use
variance request. which is as follows:
BACKGROUND: The owner of the property
located at Tract "B" of Sunplat, in the
Business District of Bal Harbour, more
commonly known as 9600 Collins Avenue, is
seeking a non-use variance from the
requirement of Section 21-384(4), to permit a
site plan modification for 44 parking spaces
where 57 parking spaces are required. The
Village Council passed and adopted Resolution
No. 530 on June 18, 1996 approving setback
variances from Section 21-319(1) and Section
21-230 (b) for level of service traffic
analysis.
RECOMMENDATION: The previous variance
granted by the Village Council was based on a
new two story bank facility of 15,000 gross
floor area, with 53 parking spaces. The new
variance request is based on an increase to
15,653 of gross floor area, and a decrease to
44 parking spaces, two of which are handicap
accessible. The shortfall of 13 spaces for a
15,653 gross floor area facility is a result
of site constraints caused by re -using the
existing vault, increased drive-thru tellers,
adjustments to landscaped curbs and
dimensional requirements necessary for
appropriate traffic flow. The building
footprint increased 653 square feet with the
Architect's design development necessary to
accommodate the bank's spatial requirements.
The increased building footprint does not
alter the building's aesthetics image or site
circulation. The expansion is contained
toward the east of the site with a setback of
85'-0", where 50'-0" is the minimum
requirement along Collins Avenue right of way.
The revised traffic analysis prepared by David
Plummer and Associates dated January 8, 1997
concludes that the 653 gross floor area
increase will not significantly increase the
average weekday trips, a.m. peak hour trips,
or p.m. peak hour trips associated with the
project. The revised 15,653 gross floor area
bank facility is still smaller than the
existing 17,000 gross floor area bank
facility, and the level of service to adjacent
Regular Council Meeting 1/21/97 2
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streets will be maintained in compliance with
Section 21-320 of the Zoning Ordinance.
To compensate for the 13 parking spaces
shortfall, SunTrust Bank has offered to
designate as an employee parking lot the
property owned by the bank located at the
southwest corner of Collins Avenue and 96th
Street. The existing parking lot contains 19
standard parking spaces without the benefit of
an accessible parking space. Consequently,
one of the 13 parking spaces must be
designated as handicapped parking with an
accessible path of travel to the bank site.
The future continued use of these parking
spaces must be insured for the benefit of the
new bank facility through a covenant
acceptable to the Village Attorney.
The small increase in building size, improved
site traffic flow, enhanced landscape design,
and additional drive-thru tellers will
maintain the aesthetic image of the project,
remain compatible with the surrounding uses
of the Business District and not be
detrimental to its neighbors. Accordingly, I
recommend that this non-use variance from
parking requirements of Section 21-384(4) be
granted conditional to a parking use covenant
acceptable to the Village Attorney, and
modifications of the parking lot for
accessibility requirements.
Mr. Kline, Architect, of the Firm Spillis Candela & Partners, Inc,
addressed the Council and stated the bank has no objection to
granting the parking use covenant.
There being no further comments, Mayor Spiegel then proceeded to
close the public hearing.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Blank to grant the requested non-use variance with the
conditions as stated by Mr. Nieda. The motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
aye.
B. The Village Clerk advised the Council that the owner of
the property located at 9700 Collins Avenue is seeking non-use
variances from Section 21-319(b); Section 21-319(a); Section 21-
321(a) and Section 21-384. Mayor Spiegel then proceed to open the
public hearing for comments.
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55
The Village Clerk proceeded to swear in Mr. Nieda, Building
Official and Stanley Whitman owner of the property.
Mr. Nieda read into the record his recommendation on the non-use
variances, which is as follows:
BACKGROUND: The owner of the property
located at all of area No. 1 with easement No.
2 adjacent thereto, and all of area No. 5, and
all of area No. 3 lying north of area No. 2-A,
in the B Business District of Bal Harbour,
more commonly known as 9700 Collins Avenue is
seeking non-use variances from the
requirements of Sections:
1. 21-319(b), 96th Street setback of 0',
where 7'-6" is required
2. 21-319(a), Collins Avenue (West Bal
Harbour Boulevard) setback of 7' to 21'-0",
where 50'-0" is required
3. 21-321. Floor area ratio of .76, where
0.70 is required
4. 21-384, off street parking spaces of 3.6
per 1,000 square feet of leasable area, where
4.0 is required
RECOMMENDATION: The Saks Fifth Avenue
retail store in Bal Harbour Shops is proposing
a three story 30,936 square feet expansion to
the existing facility on the Southeast corner
of the Shops site. Four distinct non-use
variances must be granted in connection with
the proposed expansion as follows:
1. Section 21-319(b) requires a setback of
7'-6" from the 96th Street right of way. The
applicant is requesting a setback of 0'-0" to
continue an extension of the existing
footprint wall line of the 96th Street facade.
Review of the proposed south elevation
indicated on Drawing DD-6 reveals that the
existing appearance and building modulation is
maintained as a low keyed continuation of the
south facade. The proposed 75'-6" extension
of the Saks Fifth Avenue structure towards the
east, (Collins Avenue) and continuation of the
existing building line along 96th Street does
not negatively impact its neighbors in the
Business District or pedestrians patterns
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56
along 96th Street. Accordingly. I recommend
that this variance from Section 21-319(b) of
0"-0" setback, where 7'-0" is required be
granted.
2. Section 21-319(a) requires a setback of
50'-0" to the Collins Avenue (West Bal Harbour
Boulevard) right of way. The applicant is
requesting setbacks of 7'-0" at the southeast
corner of the proposed structure, 21'-0" at
the center and 26'-0" at the northeast corner.
The 75'-0" by 126'-6" footprint of the
proposed addition is over an existing parking
lot resulting in a loss of 34 parking spaces
on grade. A new one way cul de sac is located
on the north side of the addition to
facilitate 14 new parking spaces and vehicular
drop-off to the north entry vestibule. An
approximate 21'-0" wide landscape buffer
between the east facade and property line
remains along the Collins Avenue right of way.
The Architect has not provided preliminary
planting plans for the remaining 21'-0"
landscape buffer. The applicant must submit
concurrent with the submittal to the
Architectural Review Board landscape design
showing specimens and planting schemes. The
three story expansion continues the existing
56'-2" parapet height to the proposed 21'-0"
Collins Avenue setback. The 85'-0" wide
Collins Avenue right of way allows for the
proposed expansion to occur without appearing
on imposing to the surrounding streetscape.
Appropriate landscape design together with the
proposed expansion will enhance the southeast
interception of Collins Avenue and 96th Street
and remain compatible with the surrounding
uses of the Business District and not be
detrimental to its neighbors. Accordingly, I
recommend that this variance from Section 21-
319(a) of 7' to 26'-0", where 50'-0" setback
is required be granted, conditional to the
submittal of landscape design to the
Architectural Review Board.
3. Section 21-321 requires a maximum
allowable floor area ratio (FAR) of 0.7' for
the Business District. The applicant is
requesting an increase to 0.76 floor area
ratio based on the following building area and
lot area tabulations:
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57
Existing Gross Building Area:
482,769 Square Feet
Proposed Expansion: 30,936 square
feet
Total Gross Building Area: 513,705
square feet
Lot Area: 687,812 square feet
(15.70 acres)
Proposed Floor Area Ratio: 0.746
FAR
The preceding tabulation reveals that the net
requested increase is 0.046 above the maximum
allowable floor area ratio of 0.70. I believe
that this is a modest floor area ratio
increase resulting from the proposed Saks
Fifth Avenue expansion and will not be
detrimental to the operation of the Shops or
to its neighbors of the Business District.
Accordingly, I recommend that this variance
from Section 21-321 of 0.75 FAR where 0.70 FAR
is required be granted.
4. Section 21-384 requires off street
parking spaces of 4.0 for each 1,000 square
feet of gross leasable area, (GLA). The
applicant is requesting a reduction in
required parking ratio of 3.6 per 1,000 square
feet of leasable area. The existing and
proposed parking and gross leasable area is
assessed as follows:
Existing Bal Harbour Shops GLA:
445,725 square feet
Saks Expansion GLA: 30,936 square
feet
Total Bal Harbour Shops GLA:
476,661 square feet
Existing Spaces at Ba1 Harbour
Shops: 1754
Spaces lost to Saks Expansion: 18
Ba1 Harbour Shops Spaces Remaining
after Expansion: 1736
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58
Parking Rate per 1,000 after
Expansion: 3.64
The traffic and parking analysis prepared by
Transport Analysis Professionals, Inc. dated
January 7, 1997 conclude that parking data
over a four year period yields a peak demand
rate of 3.2 per each 1,000 square feet of
gross leasable area.
This projects to a peak parking space demand
of 1,522 spaces, (3.2 x 477,661) compared to
1,736 spaces remaining after Saks expansion.
The study reveals that actual parking demand
at Bal Harbour Shops is less than is required
by the Village Code, thus the 3.64 spaces per
1,000 gross leasable area as a result of the
Saks expansion provides 214 more spaces than
the actual demand rate of 3.2 spaces per 1,000
square feet of gross leasable area.
The level of service (LOS) analysis of peak
hour traffic relative to the Saks expansion
reveals that 27 new trips are generated on
each access roadway. This converts to a
remaining reserve volume of 1,532 trips along
96th Street and 1,592 trips along Collins
Avenue. The level of service with the Saks
expansion does not drop below the existing "C"
(LOS). This is in compliance with
requirements of Section 21-320(a) of the
Zoning Ordinance.
The Florida Accessibility Code requires that
accessible parking spaces be provided and
general accessibility improved as a result of
improvements to existing facilities. There
are 14 accessible spaces in the Ba1 Harbour
Shops, but location and paths of accessibility
is unknown. The "C" level of service (LOS) is
in compliance with the Zoning Ordinances, and
the 3.64 parking spaces per 1.000 square feet
of gross leasable area yields the sufficient
1,736 parking spaces to accommodate the
proposed Saks' expansion. Accordingly, I
recommend that this variance from Section 21-
384 of 3.64 spaces per 1,000 square feet of
gross leasable area, where 4.0 is required be
granted, conditional to a Ba1 Harbour Shops
parking accessibility study be provided
concurrent with the permitting process of the
proposed Saks Fifth Avenue expansion.
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59
Mr. Whitman addressed the Council and explained the necessity for
this expansion. He then proceeded to introduce Dan Bartlos,
Architect. Mr. Bartlos displayed drawings of the proposed
expansion for the Council to view.
John Scala, 101 Biscay Drive, commented on how difficult it is to
drive down the ramps and suggested with this expansion should
consider valet parking service.
There being no further comments, Mayor Spiegel proceeded to close
the public hearing.
A motion was offered by Assistant Mayor Blank and seconded by
Councilman Hirschl to grant the requested non-use variances with
the conditions as stated by Mr. Nieda. The motion carried with the
vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Hirschl aye; Councilman Boggess aye; Councilman Taplin
aye.
At this time, the Council returned to item 3 on the agenda.
3. Presentations: Mayor Spiegel, on behalf of the Council,
presented a plaque to Special Master Benjamin Oremland in
recognition of the excellent job he has done for the Village as
Special Master since 1990.
5. Ordinance Second Reading/Public Hearing: The ordinance
was read, by title, by the Village Clerk amending the adopted
Comprehensive Plan. Mr. Treppeda explained that Mr. Miller has not
completed his reply to the comments made by the State. At this
time, he requested the Council continue this hearing.
A motion was offered by Councilman Boggess and seconded by
Councilman Hirschl to continue this hearing until next month. The
motion carried with the vote as follows: Mayor Spiegel aye;
Assistant Mayor Blank aye; Councilman Boggess aye; Councilman
Hirsch] aye; Councilman Taplin aye.
Mr. Wolpin announced that the next meeting will be held on February
18, 1997 at 9:30 a.m.
6. Ordinance First Reading: None
7. Resolution: The resolution was read, by title, by the
Village Clerk supporting municipal jurisdiction and authority over
local roads within municipal boundaries.
Mr. Wolpin explained at this time there is current litigation
between Metropolitan Dade County and the Town of Surfside. This
concerns the county ordinances which intrude concerning the
regulation of roads. In his opinion, the Town of Surfside is
looking for support of other cities in order to convince the county
Regular Council Meeting 1/21/97 8
(io
to remove some of these restrictions.
Discussion followed. Councilman Boggess stated in his opinion, the
Village should not get involved. Councilman Hirschl stated when
Bryon was closed he received numerous telephone calls about the
closing. Also, this is an issue of safety, since the Village only
has one arterial that being Collins Avenue. Therefore, he feels
the Village should not be involved. Assistant Mayor Blank believes
it will take the State of Florida to settle this issue and not the
cities and county. Councilman Boggess pointed out the streets in
the Village are private as opposed to publicly owned streets.
Mayor spiegel agreed with Councilman Hirschl as to the safety
issue. No action was taken on this resolution.
8. Discussion Dade County Library System and Bike Path - Dr.
Caroline Bauer: Dr. Bauer was not present. Mr. Treppeda explained
Dr. Bauer wrote a letter requesting the Village join the Dade
County Library system. He stated he responded to her letter as did
Assistant Mayor Blank. He further explained any resident of the
county could obtain a library card for $50.00 if they are not
within the taxing district. If the Village joined this system the
millage rate would be approximately .33 per assessed tax value.
Mayor Spiegel stated the Council has reviewed this issue several
times. It was the consensus that it was more feasible for the
Village's residents to use the library that was more easily
accessible.
Assistant Mayor Blank stated for the Village to make a contribution
in the Dade County Library it would cost the Village $200,000 where
the cost is only $60,000 to participate in Surf Bal Bay Library.
At this time, Mayor Spiegel asked Mr. Treppeda to address Dr.
Bauer's request for a bike path. Mr. Treppeda explained the
Village ordinance prohibits bikes on the beach or Collins Avenue
which seems to be what most residents want.
9. Reports and Recommendations:
A. Mayor and Council: Mayor Spiegel stated that the
sand behind the Majestic will be spread on the beach at no charge
to the Village. She further explained Mr. Treppeda negotiated
with Mr. Oren about paying for the machine to shift the sand and
Dade County will spread the sand on the beach at no charge to the
Village.
Mayor Spiegel explained she received a letter from Congressman E.
Clay Shaw advising her that the Shore Protection Act became law and
was signed by President Clinton on October 12, 1996. He assured
her of his commitment to ensuring the federal role in the
renourishment partnership.
Regular Council Meeting 1/21/97 9
61
Assistant Mayor Blank stated he will be attending a meeting on
beach erosion, tourism and the economy January 24th at 10:00 a.m.
If any of the Council wish to attend they should advise him so that
he can give them the information as to the location of the meeting.
B. Village Attorney: None
C. Village Manager:
Quarterly Financial Report: Mr. Treppeda explained
after the first quarter the revenues and expenditures are within
budgeted levels. At this time, he does not feel that there are any
budget concerns.
Fire Hydrant Additions & Repairs, Main Extensions,
and Valve Replacements: Mr. Treppeda explained at their June 14th
meeting the Council authorized Craig A. Smith & Associates to carry
out the necessary engineering services for the design of water
distribution system improvements for both the Security District and
on Collins Avenue.
He continued to explain the design work has now been completed.
Instead of bidding out the project, a price has been negotiated
with Telcon since they are already mobilized and working on the
storm drainage project. He further explained he spoke with the
Village Attorney who ruled that it would be perfectly legal to
handle this as a change order as opposed to bidding out the
project. At this time, Mr. Treppeda requested the Council approve
Change Order #1 in the amount of $117,934.00.
A motion was offered by Councilman Hirschl and seconded by
Councilman Boggess to approve this Change Order. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Hirschl aye; Councilman Boggess aye;
Councilman Taplin aye.
Plugging and Grouting of Drainage Pipes which run under
the house at 202 Ba1 Bay Drive and Exit at the Yacht Basin: Mr.
Treppeda explained there are two 30" drainage pipes which run
underground from the Yacht Basin to the Indian Creek Waterway. He
further explained the pipes pass under the property located at 212
Bal Bay Drive. According to the Village's engineers, these pipes
are failing, and need to be plugged and grouted to prevent further
collapse. He continued to explain as with the fire hydrant work,
he would like to handle this as Change Order #2 to the Storm
Drainage contract the Village currently has with Telcon. At this
time, he requested Council approve Change Order #2 in the amount of
$11,700.00.
A motion was offered by Councilman Taplin and seconded by Assistant
Mayor Bank to approve Change Order #2. The motion carried with the
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vote as follows: Mayor Spiegel aye; Assistant Mayor Blank aye;
Councilman Boggess aye; Councilman Hirschl aye; Councilman Taplin
aye.
Stormwater Pump Station Poole & Kent Change Order #1
Valve Modifications: Mr. Treppeda explained the manufacturer of
the pumps which will be installed for the new storm drainage system
requires that a flap type check value be installed in the pump
discharge pipes to prevent backflow for the stormwater injection
wells when the pumps are turned off. He further explained when
this project went out for bid this was not known.
He then proceeded to explain a price of $10,533.68 has been
negotiated with Poole & Kent to perform this work as Change Order
#1 to the Village's current pump station contract. He continued to
explain a contingency fund of $58,000.00 was allocated in the
stormwater pump station budget to provide for unforeseen or
unanticipated conditions. At this time, he requested Council to
approve change Order #1 in the amount of $10,533.68.
Mr. Treppeda stated that Bill Landis of Craig A. Smith & Associates
was present to answer any questions the Council may have.
Councilman Hirschl asked Mr. Landis to explain how he engineered
this job without the proper valve that is needed. Mr. Landis
replied the job was originally designed with a butterfly valve,
which would be motorized. The pump supplier does not like the
motorized valve because he wants a flat valve that would close
immediately when the pump stops. The motorized valve would take
sometime to close, and the questions could arise what would happen
if there was a power failure. Therefore, to insure the pump
manufacturer warranty, he is insisting on a flat type valve. He
continued to explain a credit was given for the motorized valve and
the difference is $10,533.68
Councilman Boggess asked Mr. Landis if anything has been charged
against the contingency fund. Mr. Landis replied no.
A motion was offered by Councilman Hirschl and seconded by
Assistant Mayor Blank to approve Change Order #1. The motion
carried with the vote as follows: Mayor Spiegel aye; Assistant
Mayor Blank aye; Councilman Boggess aye; Councilman Hirschl aye;
Councilman Taplin aye.
Mr. Landis informed the Council that the anticipated completion of
the project for the pump station is July and for the collection is
April.
10. Other business: Charles Brown, 268 Bal Bay Drive, asked
whose responsibility is it for repaving the streets that were torn
up for this project. Mr. Landis replied the streets will be
repaved, but only the portion that has been torn up during
Regular Council Meeting 1/21/97 11
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construction of this project.
Richard Olsen, 224 Bal bay Drive, asked the Council to intercede
for him, since the Civic Association will not activate his decal .
Mr. Wolpin stated this is a private legal matter and the Council
should not be involved. Mr. Treppeda asked Mr. Brown, President of
the Civic Association, if Mr. Olsen completes the form required to
activate the decal would the association activate his decal. Both
Mr. Olsen and Mr. Brown agreed to Mr. Treppeda's suggestion.
Raj Singh, 53 Camden Drive, explained at the University of Miami
there is a professor who is a coastal expert, who the Village can
ask how to proceed in preventing beach erosion.
John Scala, 101 Biscay Drive, requested the Council to challenge
Florida Power and Light to upgrade their system within the Village.
Mr. Treppeda stated he will look into this issue.
Charles Brown, 268 Bal Bay Drive, explained there was an article in
the Sunday, Miami Herald about Munisport. There is a dispute
between the North Miami and the developer.
11. Adjourn: There being no further business to come before
the Council, a motion was offered by Councilman Hirsch! and
seconded by Councilman Boggess to adjourn. The motion carried
unanimously (5-0), and the meeting adjourned at 11:10 a.m.
Mayor Estelle
Attest:
Jeanette Horton, CMC/AAE
Village Clerk
Regular Council Meeting 1/21/97 12