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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 " (20) To be discussed at the next workshop meeting Mr. Recio reviewed the remaining items in the Conditional Uses category. The following members of the public provided comments: Anthony Gillam  9800 Collins Avenue 6. PUBLIC COMMENT: Members of the public provided comments throughout the meeting. 7. QUESTIONS FROM THE COUNCIL: The Council asked questions throughout the meeting. 8. ADJOURN: There being no further business, a motion was offered by Councilman Sanz and seconded by Councilwoman Cohen to adjourn. The motion carried (5-0) and the meeting was adjourned at 12:05 p.m. Attest: Ellisa L. Horvath, M illage Clerk Bal Harbour Village Council Workshop Meeting Minutes 09/21/2012 6