HomeMy Public PortalAbout2012-09-21 Workshop MeetingBAL HARBOUR VILLAGE COUNCIL MINUTES
WORKSHOP MEETING - SEPTEMBER 21, 2012
A Workshop Meeting of the Bal Harbour Village Council was held on September 21, 2012, at
the Bal Harbour Village Hall Council Chambers (655 — 96th Street, Bal Harbour, Florida).
1. CALL TO ORDER/ROLL CALL: The meeting was called to order at
9:01 a.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilwoman Patricia Cohen
Councilman Martin Packer1
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Ellisa Horvath, MMC, Village Clerk
Richard Jay Weiss, Village Attorney
Anthony L. Recio, Village Attorney
2. PLEDGE OF ALLEGIANCE: The pledge was led by former Mayor
Howard J. Berlin.
3. THE PURPOSE OF THE WORKSHOP IS TO DISCUSS
THE FOLLOWING PROPOSED ORDINANCES:
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING DIVISION 11, ARTICLE III,
CHAPTER 21 OF THE VILLAGE CODE TO CREATE A NEW SECTION 21-322
"SITE PLAN REVIEW;" PROVIDING FOR SITE PLAN REVIEW, INCLUDING
APPLICABILITY OF REQUIREMENT, APPLICATION AND REVIEW
PROCEDURE, COST RECOVERY, AND DEVELOPMENT AGREEMENT;
AMENDING SECTION 21-320 OF THE VILLAGE CODE TO CLARIFY THE
APPLICABILITY OF COUNCIL REVIEW OF A TRAFFIC STUDY; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE.
AN ORDINANCE OF THE MAYOR AND VILLAGE COUNCIL OF BAL
HARBOUR VILLAGE, FLORIDA, AMENDING SECTION 21-316 OF THE
VILLAGE CODE TO AMEND THE LIST OF USES AND SET FORTH PERMITTED
AND CONDITIONAL USES; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN THE CODE; PROVIDING FOR CONFLICTS; AND PROVIDING
FOR AN EFFECTIVE DATE.
1 Councilman Packer participated via telephone.
Bal Harbour Village Council Workshop Meeting Minutes 09/21/2012 1
4. SPECIAL CONSULTANT PRESENTATION:
Guillermo Olmedillo — Village Consultant (Olmedillo X 5 Inc.), reviewed a Powerpoint
presentation of the draft ordinances, to create review standards for the Business District.
He explained that conditional uses would require additional review. He reviewed three
process scenarios for applications: no site plan review, minor site plan review, and major
site plan review.
Mr. Recio explained permitted uses, which didn't require review, and conditional uses,
which required review. He reviewed additional items that would trigger review, including
increased building structure and impacting traffic. He explained the difference between
minor site plan review (2,000 square feet or less) and major site plan review (more than
2,000 square feet). He explained the review process.
Mr. Olmedillo explained that impacts (on infrastructure, environment, etc.) created by
different uses that may or may not require a size limitation.
Mr. Recio clarified that the Ordinance applied to all of the properties in the B Business
District (Bal Harbour Shops, Village Hall, Church by the Sea, and the SunTrust Bank), with
the Shops being the largest property.
Mr. Olmedillo explained that the Ordinance would apply to current and future properties
zoned B Business District.
Mr. Olmedillo discussed the development pattern, with single bay stores at approximately
2,000 square feet.
Councilman Packer suggested a definition for a skin salon and spoke against a tattoo
parlor. Mr. Recio agreed that could be addressed if the Council desired to prohibit tattoo
parlors. He clarified the difference between a permitted use, a permitted use with a size
limitation, and a conditional use.
The following members of the public provided comments:
Anthony Gillam — 9800 Collins Avenue
Dina Cellini - 211 Bal Cross Drive
Mr. Recio clarified that accessory buildings under permitted uses would include ticket
booths, etc. but if they were moved that would trigger a site plan review (minor or major
depending on the square footage).
Mr. Recio will review the Ordinance, to ensure that an applicant would be prohibited from
dividing the application, to avoid the major site plan review.
5. PRESENTATIONS FROM INTERESTED PARTIES:
Amy Huber — Attorney (Shubin & Bass — 46 S.W. 1st Street, 3rd Floor, Miami, FL)
Bal Harbour Village Council Workshop Meeting Minutes 09/21/2012 2
representing the Bal Harbour Shops, supported most of the language in the ordinances,
but reviewed the following suggested changes (outlined in the document provided):
• No additional process from the current Code for changing/combining spaces
of certain typical uses that are within the existing footprint of the Shops
• Grouping certain uses together as merchant or services
• A change in use to conditional to be considered a minor site plan review,
unless the Building Official determined that a major site plan review was
needed
• Notify the Village Manager of store events two weeks ahead of time, to
determine if additional security, traffic control, etc. would be required for that
day
The following members of the public provided comments:
Beth Berkowitz - 10160 Collins Avenue
Mr. Olmedillo will review the suggestion to group permitted uses together (merchants and
services), with the same impacts. He spoke in favor of a size threshold for requiring a
major site plan review, instead of the Building Official determining that, and requiring the
applicant to prove that the impact for conditional uses was not different or less than what
was there before.
Mr. Recio clarified that the Building Official, in consultation with the Village Manager, would
determine if a major review was required.
Mr. Olmedillo spoke in favor of a provision for special events, for the applicant to inform the
Village in advance and to make arrangements for additional traffic, etc.
Assistant Mayor Blachar requested that special events be addressed, for all of the spaces
at the Shops.
The following members of the public provided comments:
Doug Rudolph - 212 Bal Bay Drive
Mayor Rosenfield noted that another Workshop Meeting was scheduled for October 10tn
The Council considered including the Village Manager, along with the Building Official, to
determine if a major site plan review was required.
Mr. Olmedillo noted that the Building Official had certain powers that the Village Manager
didn't have, but he believed that there were things that didn't relate to the building code, so
the Village Manager did have a role to play in the process.
Daniel Nieda - Building Official, reviewed his credentials as Building Official.
The following members of the public provided comments:
Dina Cellini - 211 Bal Cross Drive
Bal Harbour Village Council Workshop Meeting Minutes 09/21/2012
3
Mr. Recio noted that there wasn't a specific provision regulating deliveries, but there was a
process when those impacts (deliveries, noise, etc.) could be reviewed and conditions that
could be placed on approval.
Councilman Packer spoke in favor of a regulation for kiosks.
It was the consensus of the Council to include the Village Manager, not just the Building
Official, on minor site plan review.
Mr. Olmedillo will review grouping the uses, if the impacts were the same.
The Council discussed whether or not to include the Shops' and other proposed changes
in the ordinances.
Mr. Olmedillo agreed that the change made by consensus of the Council was good. He
suggested that a major site plan review be required for conditional uses, unless the
applicant proved otherwise.
Mr. Recio reviewed the Shops' special events provision in Section 21-316(20). The Council
discussed whether or not the Shops' proposed language should be added and if it should
be expanded to include everyone, not just merchants.
The following members of the public provided comments:
Randy Whitman — 9700 Collins Avenue (Bal Harbour Shops)
Mathew Whitman Lazenby — 9700 Collins Avenue (Bal Harbour Shops)
Amy Huber — Attorney (Bal Harbour Shops)
It was the consensus of the Council to change Section 21-360(20) to accept the language
proposed by the Shops dealing with special events, and (1) apply it to all the uses in the Shops
and (2) provide a definition of special events which would include live music, etc.
Mr. Weiss will also provide language that the Village may grant such a permit, subject to
reasonable conditions.
It was clarified that the burden would be on the Owner (of the Bal Harbour Shops, etc.), to
notify the Village of special events.
Mr. Recio reviewed the Shops' proposed changes to Section 21-316(2). The Council
discussed whether or not to move telephone from (2) to (20) and whether or not to move
computer from (20) to (2).
The following members of the public provided comments:
Mathew Whitman Lazenby — 9700 Collins Avenue (Bal Harbour Shops)
Amy Huber — Attorney (Bal Harbour Shops)
Randy Whitman (Bal Harbour Shops)
Dina Cellini - 211 Bal Cross Drive
Bal Harbour Village Council Workshop Meeting Minutes 09/21/2012 4
Mr. Olmedillo spoke in favor of size as a good measure, for the Village to use to make
decisions. He thought that the Village needed to consider the Shops' comments on
restrictions that would place them at a competitive disadvantage. He spoke in favor of
providing some sort of threshold guideline, to provide direction.
The Council discussed the size (square footage) thresholds.
The following members of the public provided comments:
Beth Berkowitz — 10160 Collins Avenue
Mathew Whitman Lazenby — 9700 Collins Avenue (Bal Harbour Shops)
Randy Whitman (Bal Harbour Shops)
Dina Cellini — 211 Bal Cross Drive
Amy Huber — Attorney (Bal Harbour Shops)
Mr. Olmedillo discussed how the size and use related to impact. Mr. Weiss clarified that Mr.
Olmedillo had suggested another consideration that if the Shops wanted to do something,
then they needed to show the Village that there wasn't a significant impact.
Mr. Olmedillo spoke in favor of still having permitted uses and conditional uses (subject to
the standard of impact). Mr. Weiss clarified that a conditional use with no impact would
have no further review other than administrative review, with the appeal ability.
It was the consensus of the Council for the Village Attorney to provide language to review
those uses that are determined as conditional uses and if there were no additional impacts then
there would be an administrative review, otherwise they would proceed to the Council.
Mr. Weiss clarified that there would be two categories: permitted uses and conditional
uses. He added that if a conditional use was considered to have no impact, then it would
be reviewed administratively. He clarified that if staff determined that there was an impact,
then the review would go through the process.
It was the consensus of the Council to provide the following:
• (2) - Table
• (6) Barbershops and (7) Beauty Salons — keep as permitted uses without review
• (14) Florists — move from permitted use to conditional use
• (13) Drugstores — move from permitted use to conditional use
• (15) Grocery Stores — move from permitted use to conditional use
• (16) Health Clubs and Spas — keep spas as permitted use (include skin salons),
review tattoos, and move health clubs to conditional use
• (17) Houseware Stores — move to (20) permitted use
• (19) Meat Markets - remove
• (23) Optical Businesses — keep as permitted use with no size limitation
• (26) Photograph Studios — keep as permitted use
• (33) Tailor and Alteration Shops — keep as permitted use
• (35) Travel Agencies — keep as permitted use
• (36) Watch Sale and Repair Shops — keep as permitted use
Bal Harbour Village Council Workshop Meeting Minutes 09/21/2012 5
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