HomeMy Public PortalAbout2012-10-10 Workshop MeetingBAL HARBOUR VILLAGE COUNCIL MEETING MINUTES
WORKSHOP MEETING - OCTOBER 10, 2012
A Workshop Meeting of the Bal Harbour Village Council was held on October 10, 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
7:01 p.m. by Mayor Rosenfield. The following were present:
Mayor Jean Rosenfield
Assistant Mayor Joni D. Blachar
Councilman Jaime M. Sanz
Alfred J. Treppeda, Village Manager
Andrea Greenblatt, Executive Assistant
Anthony L. Recio, Village Attorney
Absent: Councilwoman Patricia Cohen
Councilman Martin Packer
2. PLEDGE OF ALLEGIANCE: The pledge was led by Mr. Recio.
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.
Mayor Rosenfield announced that this was the second workshop meeting, to be held on
the proposed Ordinances.
4. SPECIAL CONSULTANT PRESENTATION: Guillermo
Olmedillo — Village Consultant (Olmedillo X 5 Inc.), reviewed the suggested changes for
both ordinances, in response to the comments provided at the first workshop meeting. He
reviewed the following process scenarios:
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1. No site plan review required, for applications without:
• horizontal/vertical expansion
• traffic or right-of-way impact
• conditional use
Staff review and Building Official determination.
2. Site plan review required, for applications with:
• horizontal/vertical expansion
• traffic or right-of-way impact
• conditional use
The Applicant would have the burden to prove that a major site plan review was not
required. The Building Official and Village Manager would make a determination on
whether it was a minor site plan review or not. That decision would be appealable to
the Village Council.
3. Major site plan review would be reviewed by the Architectural Review Board, staff,
and the Council, for the final determination.
Mr. Recio clarified that it would be deemed a major site plan application, unless the
Applicant proved to the Village Manager and Building Official that it wouldn't impact
infrastructure or anything outside that property. He added that if that was proved, then it
could be reviewed as a minor site plan review, which wouldn't come before the Council,
unless that decision was appealed by a substantially affected party. He continued that if
the determination was made that it required major site plan review, then the Council would
review it.
Mr. Olmedillo discussed the possibility of placing the enforcement process for special event
hours, in the Village Code, not the Zoning Code. Mr. Recio explained that if the special
events provision in the Ordinance wasn't strong enough, then language could be provided
in another section of the Village Code.
Assistant Mayor Blachar requested that the Village be notified of events with an excess of
300 people, not 500 as suggested. She also spoke in favor of restricted hours. Mr. Recio
suggested that be done as a separate ordinance in the Village Code.
Daniel Nieda — Building Official, questioned the advertising requirement for an appeal of
the minor site plan review. Mr. Recio explained that would follow the normal advertising
requirements for public hearings in Chapter 21. He clarified that that there was fifteen days
to appeal.
The following members of the public provided comments:
Anthony Gillam — 9800 Collins Avenue
Beth Berkowitz — 10160 Collins Avenue
Neil Alter — 9801 Collins Avenue
Dina Cellini - 211 Bal Cross Drive (via letter read by Mr. Alter)
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Mr. Olmedillo clarified that if a use was not listed, then it was not permitted, and the
Applicant could request a change in the Zoning Code. Mr. Recio noted that if the use had a
similar impact, then it would be included under (20), which would require Council approval.
Mr. Recio explained that if the Applicant wanted to volunteer the prospective tenant
information they could. He explained that the use would be reviewed, not the tenant. Mr.
Olmedillo agreed and clarified that the use, not the user, would be reviewed.
Assistant Mayor Blachar discussed concern with an appliance store that sold certain items
that may have more customers than one that didn't sell those items, so a name may help
to know the amount of customers that would be attracted. Mr. Olmedillo clarified that once
the 2,000 square foot threshold was crossed for that type of store, it would require Council
review. Mr. Recio explained that the ordinances provided the Council with the ability to
control the impacts of certain types of stores.
Mr. Olmedillo discussed the impact that an appliance store would have versus a bank. Mr.
Recio discussed the changes to the appeal provision.
5. PRESENTATIONS FROM INTERESTED PARTIES:
Amy Huber — Attorney (Shubin & Bass — 46 S.W. 1st Street, 3rd Floor, Miami, FL)
representing the Bal Harbour Shops, proposed the following language for clarification to
Section (2)(a)(3): construction of physical exterior alterations to (1) existing traffic
circulation features or (2) access pattern features between the site and any right-of-way.
It was the consensus of the Council for Mr. Recio to consider the proposed language and
ensure that the proposed language would not affect the current Code provision in Section 3(a)
on page 8 that vehicular access to and from the Business District shall be limited to Collins
Avenue and to 96th Street.
Ms. Huber noted that the language in Section 3(a) was in litigation.
Ms. Huber urged the Council to leave computer stores as a permitted use and that any size
restriction be a minimum of 10,000 square feet.
Randy Whitman — Bal Harbour Shops (9700 Collins Avenue), discussed the delays that
would be caused by review.
Mr. Olmedillo discussed the presumption rule and the ability for the Applicant to prove that
the traffic, water consumption, sewage, etc. was the same and didn't require a major site
plan review.
Assistant Mayor Blachar spoke against a computer store being the same as a retail store.
Howard J. Berlin — 67 Bal Bay Drive and Attorney (Berger Singerman LLP - 1 450 Brickell
Avenue, Suite 1900, Miami, FL) representing the Bal Harbour Shops, discussed zoning
being about the use and not about the person. He discussed the importance of not
burdening the property owner with a major site plan review, if there wasn't a negative
impact. He discussed the time and cost associated with a major site plan review process.
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He also discussed how that would affect the Shops' business deals. He questioned how a
business space limited to 2% of the mall would negatively impact the community.
Assistant Mayor Blachar spoke against 10,000 square feet and in favor of limiting computer
stores to 2,000 square feet.
Councilman Sanz discussed the impact on the community when there were sales at the
Shops. He spoke in favor of a review process, for a computer store larger than 2,000
square feet.
Assistant Mayor Blachar spoke against increased traffic that would be caused by a large
electronic store. She spoke in favor of a review process, for computer stores larger than
2,000 square feet.
Ms. Huber discussed the special events provision (Section 21-316 Conditional Uses (20)
and requested clarification that the notification threshold of 500 people, at the same
specified time, did not apply to customers attending sales events throughout the day.
It was the consensus of the Council to leave the notification requirement, at an excess of 500
people.
Ms. Huber reviewed the hours of operation restriction and requested that it be flexible and
within the hours that the Shops set. Mr. Berlin noted that they agreed that the hour
restriction should be in the Village Code, not the zoning ordinance.
John Shubin — Attorney (Shubin & Bass — 46 S.W. 1st Street, 3rd Floor, Miami, FL)
representing the Bal Harbour Shops, suggested that only one 10,000 square foot electronic
store be allowed, as a compromise.
Mayor Rosenfield was not opposed to the idea of an electronic store and spoke in favor of
the guarantee of only having one electronic store at the Shops.
The following members of the public provided comments:
Doug Rudolph — 212 Bal Bay Drive
Mr. Recio discussed quality of the uses and if that could be used as criteria for review.
He reviewed the notification process.
Mr. Shubin discussed ensuring quality and a lower impact, by allowing one large electronic
store, without review.
It was the consensus of the Council for the language to stay the same for computer stores, but
that alternative language be provided for consideration of a concept based on the comments
received (allowing one large electronic store as a permitted use).
Mr. Treppeda suggested that notification for a minor site plan review be posted at Village
Hall, as well as at the property.
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The following members of the public provided comments:
Beth Berkowitz — 10160 Collins Avenue
Mr. Recio clarified that there was an appeal and claim that were filed (curb cut). He noted
that the Shops would have to take an affirmative step to move that forward. It was Mr.
Recio's understanding that the Shops had decided to participate in this process, but had
not withdrawn the appeal or claim.
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
Assistant Mayor Blachar and seconded by Councilman Sanz to adjourn. The motion carried
(3-0) and the meeting was adjourned at 8:56 p.m.
Attest:
C—
Ellisa L. Horvath, MM Village Clerk
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