HomeMy WebLinkAbout02.02.2011 ZONING MINUTES, FEBRUARY 2, 2011
CITY OF MIAMI GARDENS
REGULAR ZONING MINUTES
FEBRUARY 2, 2011
1. CALL TO ORDER/ROLL CALL OF MEMBERS:
The City Council sitting as the Zoning Board for the City of Miami Gardens,Florida,met in a
zoning session on Wednesday, February 2, 2011, beginning at 7:05 p.m., in the City Council
Chambers, 1515 NW 167th Street, Building 5, Suite 200, Miami Gardens, Florida.
The following members of the City Council were present: Mayor Shirley Gibson, Vice
Mayor Aaron Campbell Jr., Councilman Oliver G. Gilbert III, Councilwoman Lisa C. Davis,
Councilman Andre Williams, and Councilwoman Felicia S. Robinson. Councilwoman Sharon
Pritchett was not present.
Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Dickens,
City Clerk Ronetta. Taylor, Assistant City Manager/Community Development Director Daniel
Rosemond, Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo.
2. INVOCATION:
Delivered by Councilwoman Robinson
3. PLEDGE OF ALLEGIANCE:
Recited in Unison
4. APPROVAL OF MINUTES:
4-A) December 1,2010—Regular Zoning Minutes
Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to approve the
minutes, with necessary changes, if any. This motion passed and carried by a 6-0 voice vote.
5. AGENDA ORDER OF BUSINESS
(ADDITIONS/DELETIONS/AMENDMENTS)BUSINESS(items shall be pulled
from the Consent Agenda at this time):
Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the
official agenda,with additions/deletions. This motion passed and carried by a 6-0 voice vote.
The City Clerk swore in all parties participating in this Quasi-Judicial Proceeding.
Cyril Saiphoo read into the record the process used for this Quasi-Judicial Proceeding.
6. PRESENTATION(S)
6-A) A#emey Alan Kfisehe -Dolphin Water Park Presentation
Attorney Joseph Goldstein,appeared before the City Council to go over the"Plans"for the
Dolphin Water Park. The application was filed with Miami-Dade County,September 2010. This is
a very long process. This is a great family entertainment opportunity and will interact very positively
with the stadium. This location also offers incredible visible from the Florida Turnpike as well as
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February 2,2011
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ZONING MINUTES, FEBRUARY 2, 2011
great access from the Florida Turnpike and Golden Glades. This project is a 65 Million Dollar high
end water park. This proposal will require 628 construction jobs. The plan is to get through this
process by July 2011. It is anticipated this facility will open 2012.
Attorney Goldstein shared the property owner is seeking zoning approval from Miami-Dade
County because this is an unusual use,tourist attraction. Miami-Dade County has told the property
owner, which the property disbelieves, is that what they are seeking is inconsistent with Miami-
Dade County's Comprehensive Development Master Plan. Therefore, Miami-Dade County's
Comprehensive Development Master Plan would need to be amended to allow this use. He shared
the City has taken the position and designated this area for commerce use which is consistent with its
Comprehensive Development Master Plan. The property owner has received a letter from the City
stating that fact. He shared there are people who have threatened to challenge this application.
Attorney Goldstein shared the state's DRI Regulations allows for the amendment of
Comprehensive Development Master Plans, simultaneously with the DRI and zoning.
Councilman Williams commented this is an incredible opportunity. However, individuals
visiting the City for the football games do not spend their dollars here local vendors. He asked if
there was a possibility of having the patrons visiting the Theme Park patronize local businesses.
Attorney Goldstein said we could sit down and have that conversation about involving local
businesses.
Councilman Gilbert placed emphasis on the importance of ensuring there is no encroachment
on the surrounding residential communities. He further asked consideration be given during the
advertising campaign to list the location of this Theme Park as being in the City of Miami Gardens.
Attorney Goldstein said special consideration will be given to the surrounding communities,
especially as it relates to the sound system.
7. CONSENT AGENDA
RESOLUTION NO. 2011-19-1412-Z-102
7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA REAFFIRMING THE CITY
COUNCIL'S DECISION TO APPROVE THE SEVEN(7)OPTIONAL
AMENDMENTS TO THE CITY'S INTERLOCAL AGREEMENT FOR
SCHOOL FACILITIES PLANNING AND TO REJECT
AMENDMENT NO. 1 TO THE CITY'S INTERLOCAL
AGREEMENT; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
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February 2,2011
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ZONING MINUTES, FEBRUARY 2, . 2011
RESOLUTION NO. 2011-20-1413-Z-103
7-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA CANCELLING THE APRIL 6, 2011
ZONING MEETING; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY THE CITY MANAGER)
Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to approve the
Consent Agenda. This motion passed and carried by a 6-0 voice vote.
8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S)
8-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AMENDING ARTICLE XIII OF
CHAPTER 34("ZONING AND LAND DEVELOPMENT CODE")TO
CREATE SECTION 34-421 ENTITLED "HEAT ISLAND EFFECT-
NON ROOF" AND TO PROVIDE REGULATIONS RELATING TO
ENVIRONMENTALLY RESPONSIBLE METHODS FOR COOLING
AND SHADING OF HARDSCAPES IN THE CITY OF MIAMI
GARDENS; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES IN
CONFLICT;PROVIDING A SEVERABILITY CLAUSE;PROVIDING
FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE.
(SPONSORED BY COUNCILMAN ANDRE WILLIAMS)
Vice Mayor Campbell opened the floor for this public hearing.
Brian Adler,Esquire 1450 Brickell Avenue,Suite 200,Miami,Florida,appeared before the
City Council to share that he would like to work with staff through this process. He suggested
scheduling a workshop on this item.
After there were no other interested parties to speak on this item,the public hearing closed.
Councilman Williams thanked Attorney Adler for his comments. He encouraged
participation and input from the business community. He further shared there will be a business
workshop on February 16th,which will provide another opportunity for comments. He said the City
of Miami Gardens is committed to reducing energy consumption within the City. The City has also
initiated a number of green initiatives. He said this ordinance is designed to reduce heat impact
affect within the City of Miami Gardens (sidewalks, courtyards,parks and roads).
Vice Mayor Campbell suggested that Councilman Williams defer this item so that more
information can be gathered and provided to the Council. He further referenced the additional
information provided by staff. He asked if there was any reason why this item needed to be
considered tonight.
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February 2,2011
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ZONING MINUTES, FEBRUARY 2, 2011
Councilman Williams said there was no urgency in considering this item tonight. He further
shared he had presented this proposed item a few months prior for staffs review. Staff did in fact
present its comments prior to the final drafting of the ordinance. The additional staff comments were
not made until this past week. He said he did exactly what he was supposed to do in following the
process. He opined a lot of the issues can be resolved before second reading.
Vice Mayor Campbell said he was no concerned about staff, he was concerned for the
Council because not enough information.
Councilman Gilbert addressed his comments to staff and stated that fact that this item came
before the Council with very little staff analysis upfront. He opined that nothing should ever come
before the Council without researching the matter. He said he is all for protecting the environment.
He said if this is not going to be deferred tonight, he did not think it should be passed onto second
reading. He said he did not have enough information to make any suggestions about what he would
want to see in the item. He opined that staff had an obligation to give the Council this information
before today.
Attorney Dickens said when a Council member puts on an item,it is that Council member's
item,and generally staff would not provide an analysis. Staff would only provide an analysis if the
item is an administrative item, if the Council is asking for staff analysis that can be provided.
Councilman Gilbert emphasized if something that is regulatory and will affect every business
in Miami Gardens, and staff did not provide an analysis is a disservice to this Council and the
Council member who sponsored the item.
Councilman Williams asked that Mr. Hermanez be allowed to speak on this item.
Rafael Hermanez, Construction Engineer with the State of Florida appeared on behalf of
Florida Concrete Association. He said he was here to provide the Council with an unbiased opinion
on the Urban Heat Island Effect.
Councilwoman Davis asked whether the City of Miami had adopted a similar ordinance.
Mr. Hermanez said the City of Miami, within this past year adopted an ordinance which
mitigates urban heat island effect with new developments within the City.
Councilwoman Davis asked whether the City of Miami's process can be shared with the City
of Miami Gardens.
Mr. Hermanez said if Council wanted him to research that information,he can.
Motion offered by Councilman Williams,seconded by Councilman Gilbert to defer this item
to the next Zoning Meeting.
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ZONING MINUTES, FEBRUARY 2, 2011
The motion to defer passed and carried by a 6-0 voice vote.
8-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA AMENDING THE CITY'S LAND
DEVELOPMENT REGULATIONS (LDRS) AS ADOPTED BY
ORDINANCE NO. 2010-10-218; AMENDING SECTION 34-45,
"DEVELOPMENT REVIEW COMMITTEE';AMENDING SECTION
34-47,"GRANTING OF VARIANCES AND WAIVERS";AMENDING
SECTION 34-59, ALTERATION OR ENLARGEMENT OF
NONCONFORMING STRUCTURE; AMENDING SECTION 34-62,
"VESTED RIGHTS"; AMENDING SECTION 34-97, "IMPACT
FEES"; AMENDING SECTION 34-219 "DESIGN STANDARDS";
AMENDING SECTION 34-227, "EXCAVATIONS"; AMENDING
SECTION 34-287 "USE REGULATIONS, GENERALLY";
AMENDING SECTION 34-288 "USES PERMITTED WITH EXTRA
REQUIREMENTS"; AMENDING SECTION 34-310 "ACCESSORY
STRUCTURES";AMENDING SECTION 34-311,"ACCESSORY USE
TABLE"; AMENDING SECTION 34-312, "ADDITIONAL
STANDARDS; AMENDING SEC. 34-389- COMMERCIAL,
RECREATIONAL,BOAT,VESSEL PARKING IN RESIDENTIALLY
ZONED PROPERTY RESTRICTED"; AMENDING SEC.34-390-
COMMERCIAL, RECREATIONAL, BOAT VESSEL PARKING IN
INDUSTRIAL ZONED PROPERTIES RESTRICTED";AMENDING
34-432, "TABLE 1 DEVELOPMENT STANDARDS"; AMENDING
SECTION 34-439 "IN GENERAL"; AMENDING 34-444
"LANDSCAPING, BUFFERING MINIMUM STANDARDS;
AMENDING 34-445 "EXTRA STANDARDS, EXCEPTIONS;
AMENDING SECTION 34-652, "SIGNS PERMITTED WITHOUT
SIGN PERMIT"; AMENDING SECTION 34-670 "PROHIBITED
SIGNS"; AMENDING SECTION 34-733, "MASTER USE LIST
DEFINITIONS"; MORE PARTICULARLY DESCRIBED HERETO
AS EXHIBIT "A;" PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; REPEALING ALL ORDINANCES AND
RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE;PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED
BY THE CITY MANAGER)
Mayor Gibson opened the floor for this public hearing.
Brian Adler,Esquire, appeared before the City Council to share that he would like to work
with staff on this item. The two items of concern are: Granting of variances and waivers;
abandonment of right-of-ways,especially as it relates to the closure of roads.
There being no other interested parties to speak on this item,the public hearing closed.
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February 2,2011
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ZONING MINUTES, FEBRUARY 2, 2011
Daniel Rosemond,Assistant City Manager appeared before the City Council and recounted
this item came before the Council in July 2010. At that time there were concerns with the knee wall
and landscape provisions. Workshops were scheduled with the stakeholders. Staff has addressed the
concerns raised so that both parties were satisfied. No standards were lowered.
Motion offered by Councilman Gilbert,seconded by Councilwoman Robinson to adopt this
item on first reading.
Councilman Gilbert shared he heard from any of the stakeholders with regard to this item.
He said he was very happy with the progress staff made.
Vice Mayor Campbell asked staff to expound on the knee wall provision.
Mr.Rosemond said the feet requirement for the knee wall was modified to be limited to just
the entrances. He shared that Vice Mayor Campbell has also expressed concern with the knee wall
as it related to security. There was also a cost to the property owner. The aesthetic look however,
was not sacrificed.
Jay Marder,Development Services Director appeared before the City Council and shared that
administrative procedures were also provided as an exhibit. These administrative procedures are the
guidelines to be followed when implementing the provision of this ordinance.
Vice Mayor Campbell expressed concern with the cost to the property owners to comply with
the landscape provision.
Cyril Saiphoo, Zoning Administration said this cost will be calculated to the value of the
property. As part of the administrative guidelines,staff can prioritize what is to be completed first.
The frontage is also a factor to be considered.
Mr. Rosemond expounded the administrative process provides a process whereby staff can
determine if a project is doable.
There being no further discussion,the motion to adopt this ordinance on first reading passed
and carried by a 6-0 vote.
Vice Mayor Campbell: Yes
Councilwoman Davis: Yes
Councilman Gilbert: Yes
Councilwoman Robinson: Yes
Councilwoman Pritchett: Not present
Councilman Williams: Yes
Mayor Gibson: Yes
9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S)
None.
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February 2,2011
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ZONING MINUTES, FEBRUARY 2, 2011
10. RESOLUTION(S)/PUBLIC HEARING(S):
None.
11. CITY MANAGER'S REPORT
12. ADJOURNMENT
There being no further business to come before this Body, and upon a motion being duly made,
the meeting adjourned at 8:12 p.m.
Attest: '
lbson, Mayor
Ronetta Taylor, MMC, 6ty Clerk
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February 2,2011
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