HomeMy Public PortalAbout2001-05-07 Workshop Meeting116 COUNCIL MINUTES
WORKSHOP MEETING - MAY Tr 2001
A Workshop Meeting of the Bal Harbour Village Council was held on Monday, May 7, 2001,
in the Council Chambers, at Bal Harbour Village Hall. The meeting was called to order at
3:00 p.m. by Mayor Berlin. The roll was called and those present were:
Mayor Howard J. Berlin
Assistant Mayor Daniel Tantleff
Councilman James E. Boggess
Councilman Peg E. Gorson
Councilman Seymour Roth
Also present: Alfred J. Treppeda, Village Manager
Jeanette Horton, Village Clerk
Ellisa Horvath, Deputy Village Clerk
Dan Nieda, Building Official
David Wolpin, Village Attorney
As a quorum was determined to be present, the meeting commenced.
2. PLEDGE OF ALLEGIANCES The Pledge of Allegiance was led by Bal
Harbour resident Doug Rudolph.
3. DISCUSSION OF ZONING RELATING TO FUTURE
REDEVELOPMENT AND DESIGN ALTERNATIVES OF THE RM ZONED
PROPERTIES: Mayor Berlin explained the purpose of this workshop meeting is to allow
discussion regarding zoning relating to the future redevelopment and design alternatives of
the RM zoned properties.
Michael Miller, Village Planner, addressed the Council and explained that the Village is a
little more than 50 years old. He advised that a lot of the construction is primarily from the
1950's and those dwellings (RM and Single Family Districts) are now dated. He explained
that a few years ago, the Council requested that a study of the various areas be done with the
concept of the development that has happened and redevelopment that may happen in the
future. He stated that the Council adopted new land development regulations (setbacks,
percentage of coverage on the lot area, height of the building, etc.) for the Single Family
areas about 2 years ago and the beachfront properties have also kept up with their
maintenance and redevelopment. Mr. Miller stated that the RM developments have been left
behind (low rise multi - family buildings on the west side of Collins Avenue and in the Security
District). Mr. Miller advised that a study on the RM areas was previously presented to the
Council concerning jalousie windows, wall a/c units, landscaping, and other items that were
suggested to be addressed in the future. Mr. Miller advised that he is also looking into
funding opportunities as an enticement for the people living in those areas to do some
redevelopment. He discussed the State of Florida programs that are available, mostly related
to retrofitting because of the coastal situation that the Village is in. Mr. Miller advised that the
Department of Community Affairs sponsors a number of grant and loan programs.
Unfortunately, most are aimed at single family right now; however, the officials from the State
are looking at expanding that to multi - family and non - residential development as well.
Council Workshop Meeting 05/07/2001
Mr. Miller reported that in late January 2001, the Pilchers Group approached the Council 147
regarding the redevelopment of the Carroll Manor Apartments (32 Camden Drive), but that
issue is still up in the air. He advised that this meeting today is to allow public input and get
some direction from the Council on where to go next. Mr. Miller stated that the study has
been done and he is now recommending to make some changes in the land development
regulations that were noted in the study.
Mr. Nieda addressed the Council and discussed the fact that the age of the majority of the
buildings in the RM District are approaching the 50 -year mark. He advised that, per the South
Florida Building Code, the life expectancy of a structure is 50 years. He reported that after
the 40 year mark, the structure has to be certified as fit for habitation and that the structure
and electrical system are sound. So, these things are being approached. Mr. Nieda stated
that structures have to be maintained in accordance with the Code for such issues as storm
and flood protection for wind, etc. He advised that most of these buildings are becoming
outdated in terms of current Code requirements. Mr. Nieda stated that this is an opportunity
to entice development in the RM District and to look at the issue comprehensively for the
Village and address it to develop the best land use for that district.
Mayor Berlin clarified that the Pilchers Group has expressed an interest for a particulartype of
redevelopment in the RM District. In connection with that proposal, there is also a request to
rezone an adjoining piece of property that's currently zoned single family residential. Mayor
Berlin clarified that the Council is not here to discuss the rezoning for the Pilchers Group
today. He advised that the purpose of this workshop meeting is to talk about the types of
recommendations that the public is interested in making to give the Village Planner, Building
Official, and Council insight into the type of land development regulations that the public
would like to see within the RM District. He reiterated that the previous Council took a
proactive approach a couple of years ago, saw there was a lot of construction in the single
family district, realized that there hadn't been an examination of those regulations in a long
time, and regulations were ultimately adopted to improve and give guidance and overall
enhance the single family district. Mayor Berlin stated that there has also been a lot of
development on the east side of Collins Avenue. However, there hasn't been a lot of
development, and the structures are very old, in the RM District. He advised that the Council
is here today to talk about that zoned area to see what type of land development regulations
the public would like to see the Village adopt.
Councilman Boggess explained that he is concerned that if a building is destroyed in the RM
District, then the Village needs to know what can go back in its place, if the occasion arises.
Councilman Roth questioned if there's currently a Code for the RM District. Mr. Wolpin
explained that there are existing regulations forthe RM District; however, it's a matter of what
needs to be revised to accommodate redevelopment in the future.
Mayor Berlin opened the public hearing.
Charles Bolato, resident —One Harbour Way, addressed the Council and questioned what
is going to be developed. Mr. Bolato thinks that the concern of maintaining Bal Harbour the
way it is has always been at the top of the list. Mr. Bolato stated that he wants to see where
the Village is going with this and to ensure that nothing is taken from him that shouldn't be
taken. Mayor Berlin explained that the previous Council decided that it was appropriate to
look at the issue of considering whether or not the land development regulations, which
govern the RM District, could, should, or may, be changed, modified, or amended. At that
time, they asked the Village Planner to do a study of the RM District buildings. He advised
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148 that totally coincidental to that, a developer approached the Council with a proposal to
redevelop one of the pieces of properties within the RM District. Because of the fact that the
study had taken place, and because this particular developer had come to the Village, the
Council thought that it was appropriate, before it did anything, to conduct a workshop meeting
to get input from the public on what, if anything, they would like to see as a change, if any, to
the land development regulations. Mr. Bolato questioned where the results are from the
Village Planner's study. Mr. Treppeda stated the study was presented at a public meeting,
which everyone in the community was noticed about. Councilman Boggess stated that the
study is available in Village Hall if anyone wants to see it.
Mayor Berlin doesn't think that it's in the interest of the Council to recommend anything
radical or out of the context of what the Village currently has. He advised that Mr. Miller
reported that in his study of the RM District there were a number of buildings that have
jalousie windows, air conditioning units in the wall, etc. Mayor Berlin stated that Bal Harbour
may, as a Village, prefer that, in the event someone was to redevelop one of the 40 -50 year
old buildings, they not be permitted to use jalousie windows because they're a danger in the
event of high winds, or to use wall air conditioning units. That's an example of the types of
things that, at a baseline, the Village might be interested in revising (a 40 -50 year old
standard). He explained that it doesn't necessarily mean doing anything dramatic.
John Lang Looby, resident-220 Bal Bay Drive, addressed the Council and thinks that the
Council should guard against the density factor and feels that the density should not be
increased. He likes the Village the way it is and thinks that increasing the density would
destroy the Village. Mayor Berlin clarified that there is a development group that has
approached the Village with their vision of what they would like to see. He stated that it's
within the purview to discuss the particular type of development that these developers have
recommended. Mayor Berlin clarified that it is a density downgrade. Mr. Looby thinks that if
the estate homes are limited in numbers, and the 9 unit building is replaced, then that would
be in the best interest of the Village. Councilman Boggess suggested that Mr. Looby look at
the proposed drawings before commenting on that. Mr. Looby thinks that the Council really
needs to be concerned about the density.
Doug Rudolph, resident — 212 Bal Bay Drive, addressed the Council and expressed his
and his fellow residents' concerns about development regarding density and the quality of life,
as well as beautification, safety, and luxury. He feels that developers usually want the most
density to squeeze the most dollars out of what they're doing. Mr. Rudolph discussed the
changes done to the Single Family Residential area, with regards to not increasing density
and making things nicer (certain amount of green area, proper parking, proper access, proper
garage space, etc.). Mr. Rudolph stated that it was done within the framework of what was
intended originally. He feels that the same concept has to go across the board for everyone
(beachfront, west side of Collins, Security District, etc.). He agrees with any developer that
wants to take an existing structure, whether it's burned down, too old, not safe, or if it makes
more sense to knock it down and redo it. Mr. Rudolph stated that all of the people that he
spoke with felt very comfortable with upgrading the nature, beauty, and safety of those
buildings, but not increasing the density. Mr. Rudolph thinks that the overall conceptual plan
for the Village has to be maintaining the quality of life within the framework of the density that
it has now because it has services, traffic, and lifestyles that have to be maintained. He
discussed the issue of the particular surrounding taking any existing zoned piece and
changing it. He believes that this is a very serious step to take, in any manner, shape, or
form, and should be vigorously opposed because the Village was set up in a certain way. He
explained that nobody's against progress, but things were done for a reason and once that
ball is started rolling, it will be opening up the door for all kinds of things to happen. Mr.
Council Workshop Meeting 05/07/2001 1
Rudolph thinks the integrity of the Village has always been to maintain the quality of life. 149
Rosemary Welstead, resident and President of the Board — Brownstone Apartments
(10178 Collins Avenue), addressed the Council and expressed that she is offended in the
west side buildings being referred to as old and debilitated. She feels that the charm in Bal
Harbour has always been about the small quaint co -op apartments on the west side of Collins
Avenue. Ms. Welstead stated that they may be 40 -50 years old, but they are probably built
better than what can be built today and they're not going to go anywhere. Ms. Welstead
understands that some progress has to be made; however, the owners in her building have
the fear of the Village allowing high rises to go up on either side of their building. Mayor
Berlin stated that he also sees the charm of those buildings and explained that the Council is
not proactively recommending any redevelopment and is not suggesting that any of the
properties should be redeveloped. He clarified that the issue is in the event that someone
comes to the Council that wants to redevelop, what regulations the Village wants in place to
guide them in their redevelopment. Mayor Berlin doesn't think that anybody considers the
west side of Collins Avenue to be an eyesore. He clarified that the community needs to be
prepared to respond to the issue of redevelopment.
Betsey Bystock, resident — 80 Park Drive, addressed the Council and agreed with Ms.
Welstead and Mr. Rudolph, Ms. Bystock discussed development in Bay Harbor and how the
smaller buildings are being knocked down and replaced with taller buildings. She advised
that she likes the jalousie windows because they make the area charming and a lot of owners
that have them are getting hurricane shutters, so they're not a safety issue. Ms. Bystock
stated that the people who live in the smaller buildings don't want to feel that they're going to
be forced out, whether by development all around them or because the rules change on the
existing structures. Mayor Berlin stated that when the rules change, existing conditions will be
grandfathered in. Ms. Bystock feels that all of the owners are in favor of keeping their
buildings in good shape and hopes that all of the items she discussed are considered.
Pierre Grondin, resident — 107Bal Cross Drive, addressed the Council and thinks that the
Village should refrain from keeping with the financial guidelines to have more expensive and
bigger houses.
Jack Cellinis, resident and Secretary/Treasurer — 10210 Collins Avenue (Lanai),
addressed the Council and discussed the cost to improve the older buildings and explained
that the owners don't want to pay. He advised that the people living in the building don't want
the buildings changed. Mr. Cellinis thinks that the Village's real goal is to have a whole new
tax base (bigger buildings, more people, etc.). The Council disagreed. Mr. Cellinis is
interested in finding out more about funding programs that help to improve the buildings.
Councilman Boggess explained that the Village Planner is exploring that possibility. Mr.
Cellinis stated that he and other residents think that the goal is to tear down the low -rise
buildings and build 12 story buildings in their place. He stated that was the impression that
the notice of the meeting gave. Mr. Cellinis questioned the time frame that the changes will
take place. Mayor Berlin clarified for the record that when the previous Council addressed the
revisions to land regulations in the Single Family Residential area, it was to make things
smaller and to create more open space. He stated that the idea of a 12 story building on the
west side of Collins Avenue never entered his mind, nor is it likely to anytime in the near
future. He advised that there is going to be a process and this will not be the last time that
this will be discussed. Mr. Cellinis questioned that when the Village is talking about
redeveloping those buildings, what the Village would be redeveloping other than improving
them. Mayor Berlin clarified that this is not a discussion of redevelopment, it's a discussion
focused on the fact that the Codes that regulate the RM District are very old. So, in order to
Council Workshop Meeting 05/07/2001 4
150 be responsive to this community and to protect and maintain the quality of life, the concern
was that the Council should look at these codes that govern the RM District and decide
whether or not some, or all, of them should be modernized. He stated that is not, in any way,
a statement that anything should be redeveloped. All it is saying is that if any developer were
to come to the Village after the fact, they would now have an understanding of what this
Council would expect to see if there was redevelopment. It's not an invitation to get
bulldozers out in the RM District at all. Mayor Berlin thinks that it's responsible government
that every so often the Council look at the Codes and make sure that they are being
responsive to the interest of the community. Then, if it is decided as a Council that there
should be some modifications, they will be made. However, it will be a long process and
there will be more input from the community, Village Planner, Building Official, etc. He
explained that this is just one step along a very long path. Mr. Cellinis discussed jalousie
windows and thinks that unless the entire building agrees to change them, then nobody can
change them, and unless the entire building agrees to the same storm windows, then nobody
can have them. Councilman Boggess stated that would be up to the building's by -laws. Mr.
Cellinis stated that the Village Code states that the Village still has to approve any exterior
things done to the building.
Mr. Nieda stated the intention of this meeting was to have an exchange of ideas. He thinks
that the Village has the blessing of having been planned very efficiently and that it would be
illegal to contemplate that development. He explained that the Village conforms with State
requirements and files plans with Tallahassee that Mr. Miller does on a 5 -year basis. Mr.
Nieda stated that the "crying wolf' idea that something is going to be torn down on the west
side and a 12 story unit be put in is impossible and will never happen. Mr. Nieda clarified that
the Village's concern is to be proactive and to maintain the existing density in such a manner
that it complies with Code, complies with safety for the residents, and that it's more consistent
with the way that people live today. For instance, the survey of the existing conditions
showed that a lot of these buildings don't conform with current parking standards. So, these
are the issues that the Village is seeking answers for. Mr. Nieda stated that perhaps for the
parking issue, one more story would be allowed for parking on the grade level and elevate the
building, which would be a reasonable accommodation and would be consistent with the
original master plan and the way the Village was developed.
Gabriela Webster, resident — 30 park Drive, addressed the Council and feels that the
Village is protecting the general interest of the residents and the opinions being expressed
(lower density, downsizing, master plan, etc.). Ms. Webster commended the Village for
maintaining high standards. She thinks that the new proposed development sounds
interesting as long as it maintains a harmony with the existing surroundings (medium or low
density). Ms. Webster hopes that there's a harmony when it comes to the green areas and
the actual lot coverage. She encourages both, but thinks it would be ideal to see if there
could be some harmony there. Ms. Webster applauded any developer that has the courage
to come into a very strict Village like this and actually look at possibly meeting the high
standards.
Larry Barbara, resident — 30 Park Drive #11, addressed the Council on behalf of himself
and the Pilchers Group. Mayor Berlin stated that he doesn't have a problem with Mr. Barbara
expressing the project conceptually, but clarified that this meeting is not to discuss the
proposed project and is to consider land regulations concerning the RM District. Councilman
Boggess stated that he loves the west side of Collins Avenue, but changes will come because
of the age of the buildings. He also reiterated that the buildings are becoming harder to
maintain. Councilman Boggess stated that the Council wants to preserve what it has here,
but it also has to anticipate what changes might come, which was the purpose of this
Council Workshop Meeting 05/07/2001 5
workshop. In other words, what changes, if they come, would be acceptable to the residents 151
to still preserve what it has on the west side of Collins Avenue and in the Security District. He
also clarified that the Village has no plans of raising the tax base. Councilman Boggess
stated that the Council needs input from the public on what would be acceptable if the Village
must face some redevelopment at some point (fire, hurricane, etc.).
Mr. Barbara clarified that their project is a proposal to Bal Harbour. He explained that they
are not aggressive developers and they would like to work in harmony with the public and the
Village. Mr. Barbara displayed the proposed plans for Camden Park (32 Camden Drive and
an adjacent vacant residential lot). He explained that they would combine 2 lots, with a
density of 11, to a Single Residential property, with 5 units on it. Mr. Barbara stated that in
order to move forward with the Village, they would have to work through rezoning
requirements and modifications to the comprehensive plan. He explained that this is only a
proposal that would be downgrading or lowering the density (it would be reducing it by more
than half). Mr. Barbara stated that the quality of the units that they're proposing would be
consistent to the construction and the architectural type that is being built currently with the
new homes. Mr. Grondin questioned if the 30 foot setbacks would be respected. Mr. Barbara
stated that is something that they would have to work out with the Village. He explained that
they would recognize the existing setback requirements on Park Drive and Camden Drive.
More than likely, they would request that the setback requirements within the property
(between the homes) be reduced. But, they would be very sensitive to setback requirements
for the perimeter of the property. Mr. Barbara advised that they would have typical 2 story
buildings and there would be 5 luxury villas that are detached and deeded separately.
Assistant Mayor Tantleff clarified that this is something that the Pitchers Group is proposing
and the Council hasn't considered or made a decision on whether to allow this to go forward
or not. Mr. Barbara stated that the displayed drawing is very preliminary and doesn't
accurately depict setbacks. Mr. Rudolph questioned why their project can't be done on one
lot. Mr. Barbara stated that in order to make economic sense for this project, they would have
to combine the two lots. Mr. Rudolph stated that there are 8 -10 multi - family buildings in the
RM District and is concerned that other properties may want to take a single family lot and do
the same thing. Mr. Barbara stated that the two lots they are proposing to combine are unique
because their northern property lines are in line. So, it appeared to be a natural continuation
of the RM zoning across the other lot. He advised that is why they thought that lot had the
possibility of being rezoned. Mr. Wolpin clarified that the purpose of this meeting is to
workshop to get input on the overall RM District for potential considered changes for the
future, not to get in depth on one particular potential application. Mr. Barbara stated that the
Pitchers Group is not an aggressive group and they want to do what would be best for the
area and to work closely, and in conjunction, with the Village.
Joni Blachar, resident— 63 Camden Court, addressed the Council and stated that she has
a problem with developers taking a residential piece of property and rezoning it because then
others could do the same thing. Mrs. Blachar has no problem with a developer coming in and
redoing a piece of property (upgrading, renovating, and progress); however, she has a
problem with making the neighborhood dense and looking like another Weston. She stated
that the residents moved here because they have a lot of land on their property and want to
feel like they're in an area that has open views and is not all condensed. She clarified that
she doesn't have a problem with the developer redeveloping only on the lot that is currently
RM zoned, as long as the setbacks are followed and is in accordance with the way that the
property is now.
Angela Daley, resident — 56 Camden Drive, addressed the Council and doesn't think that
anyone can take a residential lot and do a project like the one that is proposed; they would
Council Workshop Meeting 05/07/2001 6
152 have to get several residential lots. Ms. Daley thinks that the group wanting this rezoning is
reversing their zoning because they're asking for residential zoning for the entire lot, instead
of multi- zoning, which would mean downsizing, lowering the density, and keeping within the
beauty of Bal Harbour. Mayor Berlin clarified that Ms. Daley suggested that, by taking the
property that's currently RM, effectively tearing down what's apartments and replacing them
with what appears to be a construction more akin to a single family residence, then it's really
going from multi to single, which is a down size to the density. Mayor Berlin clarified for Ms.
Daley that Mr. Rudolph was saying that the issue is if the Village allowed this particular
developer to develop a single family lot adjacent to this RM zoned piece of property, and
there are many other RM zoned properties in the single family district that are also adjacent to
single family lots, then they may come and ask to be rezoned as well (it could create a
precedence).
Mr. Rudolph thinks that the issue of maintenance needs to continue to be worked on as well.
Mayor Berlin stated that falls under code enforcement and those properties are not immune to
it and have to maintain their properties.
There being no additional comments, Mayor Berlin closed the public hearing.
Councilman Boggess would like Mr. Miller to pursue the possibility of getting some grants or
financial help for the people in the low -rise buildings (replacement of jalousie windows, storm
shutters, etc.) in order to keep the buildings current. Mayor Berlin requested that Mr. Miller
work with Mr. Nieda to refine the issues heard today, as well as the ones that were developed
during the study, and come back to the Council with some recommendations. Then the
Village can do some workshops, with the Civic Association and Homeowners' Associations on
the west side, to allow everyone to give their input and try to create a consensus.
4. ADJOURN: There being no further business to come before the Council, a
motion was offered by Assistant Mayor Tantleff and seconded by Councilman Boggess to adiourn
The motion carried unanimously (5 -0). and the meetine adiourned at 4:20 p.m.
M or Howard I Berlin
Attest:
4eanette Horton, CMC /AAE /CL
"Village Clerk
/elh
Council Workshop Meeting 05/07/2001