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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 54 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. Regular Council Meeting 1/21/97 3 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 Regular Council Meeting 1/21/97 4 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: Regular Council Meeting 1/21/97 5 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 Regular Council Meeting 1/21/97 6 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. Regular Council Meeting 1/21/97 7 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 Regular Council Meeting 1/21/97 10 G2 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 63 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