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HomeMy WebLinkAbout03-7-2012 Zoning Agenda Zoning Agenda March 7, 2012 Page 1 of 4 CITY OF MIAMI GARDENS ZONING AGENDA Meeting Date: March 7, 2012 1515 NW 167th St., Bldg. 5, Suite 200, Miami Gardens, Florida 33169 Phone: (305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Lisa C Davis Councilman André Williams Councilwoman Felicia Robinson Councilman David Williams Jr. Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens City Clerk Ronetta Taylor, MMC City of Miami Gardens Ordinance No. 2007-09-115, requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00. This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4. APPROVAL OF MINUTES: 4-A) Regular Zoning Minutes – December 7, 2011 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (Items shall be pulled from the Consent Agenda at this time): Page 1 of 148 Zoning Agenda March 7, 2012 Page 2 of 4 6. PRESENTATION(S): 7. CONSENT AGENDA: 7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN DEDICATION OF A 25.0 FOOT WIDE PASSIVE PARK EASEMENT FROM AMERICAN TOWER, INC., FOR THE PROPERTY LOCATED AT 390 NORTHWEST 210TH STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 7-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE “PENTAB SUBDIVISION” FINAL PLAT SUBMITTED BY PENTECOSTAL TABERNACLE INTERNATIONAL, INC., FOR THE PROPERTY LOCATED AT 621 NORTHWEST 183RD STREET MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 7-C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, SUPPORTING THE RELEASE OF DEED RESTRICTIONS IMPACTING THE PERMITTED USES AND DEVELOPMENT FOR THE PROPERTY GENERALLY LOCATED AT 17300 NORTHWEST AVENUE 7TH ROAD, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 7-D) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA EXPRESSING THE CITY’S POSITION REGARDING THE PALMETTO EXPRESSWAY PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY CURRENTLY BEING PREPARED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; DESCRIBING THE CITY’S VISION FOR THE NW 167TH STREET FRONTAGE ROAD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY Page 2 of 148 Zoning Agenda March 7, 2012 Page 3 of 4 MANAGER) 7-E) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CANCELLING THE APRIL 4, 2012 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S): None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S): None 10. RESOLUTION(S)/PUBLIC HEARING(S): 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MARIA NOYA AND JUAN RODRIGUEZ TO ALLOW A REAR SETBACK OF A PRINCIPAL BUILDING OF 9.36 FEET WHERE 25.0 FEET IS REQUIRED, FOR THE PROPERTY LOCATED AT 1871 N.W. 152ND STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY CAPO AND SONS CORPORATION, FOR THE PROPERTY GENERALLY LOCATED AT NORTHWEST 167TH STREET AND NORTHWEST 47TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FOR A VARIANCE OF SECTION 34-667(1)(B)(C) OF THE CITY’S LAND DEVELOPMENT CODE TO ALLOW A MONUMENT SIGN WITH A SIGN AREA OF 682.0 SQUARE FEET WHERE A MAXIMUM SIGN AREA OF 200 SQUARE FEET IS ALLOWED, AND TO ALLOW A SIGN HEIGHT OF 25.0 FEET WHERE A MAXIMUM HEIGHT OF 20.0 FEET IS ALLOWED; FOR A VARIANCE OF SECTION 34-667(2)(B)(2) TO ALLOW A WALL SIGN WITH AN AREA OF 1602.5 SQUARE FEET WHERE A MAXIMUM AREA OF 400 SQUARE FEET IS ALLOWED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Page 3 of 148 Zoning Agenda March 7, 2012 Page 4 of 4 11. CITY MANAGER’S REPORT: 11-A) Planning Studio Projects 11-B) Sign Plan Compliance Update 12. ADJOURNMENT: IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, CITY CLERK (305) 622-8003, NOT LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDING. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8003. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Please turn-off all cellular telephones to avoid interrupting the council meeting. Page 4 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION NO. 2011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN DEDICATION OF A 25.0 FOOT WIDE PASSIVE PARK EASEMENT FROM AMERICAN TOWER, INC., FOR THE PROPERTY LOCATED AT 390 NORTHWEST 210TH STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The applicant, American Tower, Inc., was granted a special exception approval to allow a wireless support service structure at the November 3, 2010 City Council Zoning Meeting. As part of the approval a Declaration of Restrictions was proffered, which included the dedication to the City of a 25.0 feet wide Passive Park Easement along the south, east and west perimeter of the property. ITEM 7-A) CONSENT AGENDA RESOLUTION Accepting an Easment Dedication from American Tower Inc. Page 5 of 148 American Tower Passive Park Easement March 7, 2012 RD-2011-000012 Current Situation The 25.0 feet wide Passive Park Easement is being dedicated by the applicant to the City in compliance with the proffered Declaration of Restrictions. Analysis The dedication of the 25.0’ wide Passive Park Easement satisfies the condition of the Declaration of Restrictions. Proposed Action: Staff recommends the adoption of the Resolution accepting the Passive Park Easement. Attachment:  Exhibit “A” Sketch and Description of the Passive Park Easement  Easement for Public Park Document Page 6 of 148 1 RESOLUTION NO. 2012____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN 5 DEDICATION OF A 25.0 FOOT WIDE PASSIVE PARK 6 EASEMENT FROM AMERICAN TOWER, INC., FOR THE 7 PROPERTY LOCATED AT 390 NORTHWEST 210TH STREET, 8 MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED 9 HERETO; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, American Tower, Inc. owns certain property located at 390 13 Northwest 210th Street, more particularly described in Exhibit “A” attached hereto, and 14 WHEREAS, on November 3, 2010, the City Council granted American Tower, 15 Inc. a special exception approval to allow a wireless support service structure, and 16 WHEREAS, as part of the approval, a Declaration of Restrictions was proferred, 17 which included the dedication of a 25.0 foot wide Passive Park Easement along the 18 south, east and west perimeter of the property to the City, and 19 WHEREAS, Applicant is dedicating the 25.0 feet wide Passive Park Easement to 20 comply with the proffered Declaration of Restrictions, 21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 22 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 23 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 25 made a specific part of this Resolution. 26 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 27 hereby accepts that certain dedication of a 25.0 foot wide Passive Park Easement from 28 American Tower, Inc., for the property located at 390 Northwest 210th Street, more 29 particularly described in Exhibit “A” attached hereto. Page 7 of 148 2 30 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 31 upon its final passage. 32 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 33 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2012. 34 35 ___________________________________ 36 SHIRLEY GIBSON, MAYOR 37 38 39 40 41 ATTEST: 42 43 44 __________________________________ 45 RONETTA TAYLOR, MMC, CITY CLERK 46 47 48 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 49 50 51 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 52 53 Moved by: __________________ 54 55 VOTE: _________ 56 57 Mayor Shirley Gibson ____ (Yes) ____ (No) 58 Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) 59 Councilman David Williams Jr ____ (Yes) ____ (No) 60 Councilwoman Lisa Davis ____ (Yes) ____ (No) 61 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 62 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 63 Councilman Andre’ Williams ____ (Yes) ____ (No) 64 65 66 67 Page 8 of 148 Page 9 of 148 Page 10 of 148 Page 11 of 148 Page 12 of 148 Page 13 of 148 Page 14 of 148 Page 15 of 148 Page 16 of 148 Page 17 of 148 Page 18 of 148 Page 19 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading n/a x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X n/a Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION NO. 2012____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE “PENTAB SUBDIVISION” FINAL PLAT SUBMITTED BY PENTECOSTAL TABERNACLE INTERNATIONAL, INC., FOR THE PROPERTY LOCATED AT 621 NORTHWEST 183RD STREET MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background The applicant, Pentecostal Tabernacle International, Inc., obtained Tentative Plat approval from the City and Miami-Dade County and have submitted the Final Plat for approval by the City. The plat is for the purposes of vacating a platted easement encumbering the property. The approval of a Final Plat is required in compliance with Section 34-209, Subdivisions, Excavations, and Address Assignment of the City’s Land Development Regulations. ITEM 7-B) CONSENT AGENDA RESOLUTION Pentab Subdivision Final Plat Page 20 of 148 Pentab Subdivision Final Plat, March 7, 2012 PT-2010-000020 2 | P a g e Current Situation The “Pentab Subdivision” Final Plat has been reviewed by the City’s surveyor and has been found to be in compliance with Section. 177.081(1) Florida Statutes and Chapter 28, Subdivisions of the Miami-Dade County Code. The Final Plat has also been reviewed by Zoning for compliance with the City’s Land Development Regulations. After City Council approval is granted the Final Plat must be reviewed and approved by Miami-Dade County and recorded in the Plat Book and Page of the Official Records of Miami-Dade County. Proposed Action: Staff recommends City Council approve the Resolution. Attachments:  Exhibit “A” Final Plat  Letter of Compliance from City Surveyor Page 21 of 148 1 RESOLUTION NO. 2012____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE “PENTAB 5 SUBDIVISION” FINAL PLAT SUBMITTED BY PENTECOSTAL 6 TABERNACLE INTERNATIONAL, INC., FOR THE PROPERTY 7 LOCATED AT 621 NORTHWEST 183RD STREET MORE 8 PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED 9 HERETO; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, the Applicant, Pentecostal Tabernacle International, Inc. is the 13 owner of that certain property located at 621 Northwest 183rd Street, more particularly 14 described on Exhibit “A” attached hereto, and 15 WHEREAS, the Applicant seeks final approval of the “Pentab Subdivision” plat 16 for the purpose of vacating a platted easement which encumbers the property, and 17 WHEREAS, the City’s surveyor reviewed the plat application and determined that 18 the application complies with Section 177.081(1), Florida Statutes, and Chapter 28 of 19 the Miami-Dade County Code of Ordinances, and 20 WHEREAS, City staff has also reviewed the Application for final plat and has no 21 objections thereto, 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 23 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 24 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 25 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 26 made a specific part of this Resolution. 27 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 28 hereby approves the “Pentab Subdivision” Final Plat submitted by Pentecostal 29 Tabernacle International, Inc., for the property located at 621 Northwest 183rd Street, 30 more particularly described in Exhibit “A” attached hereto. Page 22 of 148 2 31 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 32 upon its final passage. 33 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 34 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2012. 35 36 ___________________________________ 37 SHIRLEY GIBSON, MAYOR 38 39 40 41 42 ATTEST: 43 44 45 __________________________________ 46 RONETTA TAYLOR, MMC, CITY CLERK 47 48 49 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 50 51 52 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 53 54 Moved by: __________________ 55 56 VOTE: _________ 57 58 Mayor Shirley Gibson ____ (Yes) ____ (No) 59 Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) 60 Councilman David Williams Jr ____ (Yes) ____ (No) 61 Councilwoman Lisa Davis ____ (Yes) ____ (No) 62 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 63 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 64 Councilman Andre’ Williams ____ (Yes) ____ (No) 65 66 67 68 Page 23 of 148 Page 24 of 148 Page 25 of 148 Page 26 of 148 Page 27 of 148 Page 28 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading n/a x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X n/a Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION NO. 2012____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA SUPPORTING THE RELEASE OF DEED RESTRICTIONS IMPACTING THE PERMITTED USES AND DEVELOPMENT OF THE PROPERTY GENERALLY LOCATED AT 17300 N.W. 7 AVENUE ROAD, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background The vacant Old Parkway Hospital, which building is located on 4.35 acres at the Golden Glades interchange off the N.W. 7 Avenue Extension, is owned by Interstate Holdings LLC and is zoned Planned Corridor Development (PCD) with the adoption of the City’s Land Development Regulations (LDRs). The PCD zoning district allows for high density mixed use and multi-family residential development for this location subject to the design standards of the PCD zoning district. However, deed restrictions were imposed when the property was purchased. The deed restrictions on the uses are more restrictive than the uses permitted with the PCD zoning. The owner of the property in attempts to sell the property for redevelopment has found the Deed Restrictions an obstacle in ITEM 7-C) CONSENT AGENDA RESOLUTION Release of Deed Restrictions Page 29 29 of 148 Old Parkway Hospital Deed Restrictions Release, March 7, 2012 2 | P a g e marketing the property for its’ best and most valuable uses, which includes a residential component. The City has been engaged with the owner of the property to encourage that the property be developed with use(s) that support the full development potential of the property with the PCD zoning designation and that are in the best interest and welfare of the City. Current Situation The property owner has requested that the City support its application to Miami-Dade County to remove the deed restrictions. It should be noted that the property has been deemed an unsafe structure by the City’s Building Official. The unsafe structure case was heard before the Miami-Dade County Unsafe Structures Board on February 15, 2012. A stipulation agreement between Interstate Holdings and the Building Official was accepted by the Board. In the stipulation agreement, Interstate Holdings agreed to remove the deed restrictions, within 6 months (no later than August 15, 2012) or submit plans to obtain the required permits to bring the structure into building code compliance. Proposed Action: Staff recommends City Council approve the Resolution. Attachments: Page 30 of 148 1 RESOLUTION NO. 2012____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, SUPPORTING THE RELEASE OF 5 DEED RESTRICTIONS IMPACTING THE PERMITTED USES 6 AND DEVELOPMENT FOR THE PROPERTY GENERALLY 7 LOCATED AT 17300 NORTHWEST AVENUE 7TH ROAD, MORE 8 PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED 9 HERETO; PROVIDING FOR INSTRUCTIONS TO THE CITY 10 CLERK; PROVIDING FOR THE ADOPTION OF 11 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 12 13 WHEREAS, the Applicant, Interstate Holdings LLC is the owner of the property 14 generally located at 17300 Northwest 7th Avenue Road, which is the vacant Parkway 15 Hospital Building, and 16 WHEREAS, the property is zoned Planned Corridor Development (“PCD”), which 17 allows for high density mixed use and multi-family residential development, and 18 WHEREAS, deed restrictions were imposed when the property was purchased 19 from Miami-Dade County, and such restrictions prohibit the development of residential 20 uses as well as other permitted uses on the property, and 21 WHEREAS, the Applicant seeks the City’s support in encouraging Miami-Dade 22 County to release the deed restrictions that currently impact the permitted uses on the 23 property, and 24 WHEREAS, City staff recommends approval of the Application, 25 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 26 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 27 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 28 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 29 made a specific part of this Resolution. 30 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 31 hereby supports the release of deed restrictions impacting the permitted uses and Page 31 of 148 2 32 development for the property generally located at 17300 Northwest Avenue 7th Road, 33 more particularly described in Exhibit “A” attached hereto. 34 Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby 35 directed to send a copy of this Resolution to Miami-Dade County. 36 Section 4: EFFECTIVE DATE: This Resolution shall take effect immediately 37 upon its final passage. 38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2012. 40 41 ___________________________________ 42 SHIRLEY GIBSON, MAYOR 43 44 45 46 47 ATTEST: 48 49 50 __________________________________ 51 RONETTA TAYLOR, MMC, CITY CLERK 52 53 54 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 55 56 57 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 58 59 Moved by: __________________ 60 61 VOTE: _________ 62 63 Mayor Shirley Gibson ____ (Yes) ____ (No) 64 Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) 65 Councilman David Williams Jr ____ (Yes) ____ (No) 66 66 Councilwoman Lisa Davis ____ (Yes) ____ (No) 67 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 68 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 69 Councilman Andre’ Williams ____ (Yes) ____ (No) Page 32 of 148 Page 33 of 148 Page 34 of 148 Page 35 of 148 Page 36 of 148 Page 37 of 148 Page 38 of 148 Page 39 of 148 Page 40 of 148 Page 41 of 148 Page 42 of 148 Page 43 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Memo Zoning Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Resolution A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA EXPRESSING THE CITY’S POSITION REGARDING THE PALMETTO EXPRESSWAY PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY CURRENTLY BEING PREPARED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; DESCRIBING THE CITY’S VISION FOR THE NW 167TH STREET FRONTAGE ROAD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary Background The Florida Department of Transportation is conducting the Palmetto Expressway PD&E Study. A PD&E Study stands for Project Development and Environmental Study. This Study will develop alternatives to ITEM 7-D) CONSENT AGENDA RESOLUTION Palmetto Expressway Studay Page 44 of 148 Palmetto Expressway PD&E Study Page 2, January 25, 2012 City Council Meeting increase the traffic carrying capacity of the Palmetto Expressway, including the use of express tolled lanes. In addition, the study will develop safety improvement alternatives, especially at interchanges. The environment will be studied in terms of the alternatives’ impact upon adjacent neighborhoods as well as natural resources that might be impacted. Neighborhood buffer walls will also be considered. The study segment is between the Interstate 75 Interchange and the Golden Glades Interchange. This study includes the one‐way frontage road (NW 167th Street) along each side of the 826 which provides access to businesses and residential areas located along the corridor. The study began in April 2011 and runs through October 2013. The City’s portion of SR 826/Palmetto Expressway stretches about 5 miles which includes 7 Interchanges, NW 12th/13th Avenue, NW 17th Avenue, NW 27th Avenue, NW 37th Avenue, NW 47th Avenue, and NW 57th Avenue. Additionally, 3 underpasses are included, NW 22nd, NW 32nd and NW 42nd Avenues. The City has worked tirelessly to beautify the Palmetto Expressway Corridor through landscape funding and grants from various sources. In 2006 Mayor Gibson participated in the Florida Public Officials Design Institute at Abacoa, affiliated with Florida Atlantic University’s Center for Urban and Environmental Solutions. The project developed a vision for the frontage road system as part of a charette program. A concept encompassing livability and beautification coupled with mixed use and economic development was envisioned. The City’s vision for the one‐way frontage roads is summarized as follows:  Enhancing access to businesses and the universities;  Improving neighborhood livability;  Multi‐Use Sidewalks – 10’ width; Curb and Gutter, Bicycle/Pedestrian, landscape buffer between curb and sidewalk;  Crosswalks with Pavers/Stamped Concrete;  Lighting – Pedestrian oriented;  Improved Business Driveways. The study is available on the City’s web site under the Planning and Zoning Department at: http://www.miamigardens‐fl.gov/LRP/FINAL%20REPORT%20Miami%20Gardens_04262006.pdf Current Situation The Palmetto Expressway PD&E Study provides an important and timely opportunity for the City to provide input regarding our aspirations for the Palmetto Corridor. Miami Gardens should make a strong statement about our future vision for the Palmetto Expressway Corridor in the form of a resolution. Page 45 of 148 Palmetto Expressway PD&E Study Page 3, January 25, 2012 City Council Meeting Proposed Action Staff recommends that the Mayor and Council adopt a resolution to communicate the City’s vision for the future of the Palmetto Expressway Corridor in Miami Gardens. Attachment Attachment: Flyers from Palmetto Expressway PD&E Study Page 46 of 148 RESOLUTION NO. 2012____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA EXPRESSING THE CITY’S POSITION REGARDING THE PALMETTO EXPRESSWAY PROJECT DEVELOPMENT AND ENVIRONMENTAL STUDY CURRENTLY BEING PREPARED BY THE FLORIDA DEPARTMENT OF TRANSPORTATION; DESCRIBING THE CITY’S VISION FOR THE NW 167TH STREET FRONTAGE ROAD; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Florida Department of Transportation is conducting the Palmetto Expressway Study (“Study”), and WHEREAS, the Study will develop alternatives to increase the traffic carrying capacity of the Palmetto Expressway, including but not limited to the use of express tolled lanes, and WHEREAS, the study will develop safety improvement alternatives, especially at interchanges, and WHEREAS, the environment will be studied in terms of the alternatives’ impact upon adjacent neighborhoods as well as natural resources that might be impacted, including the potential use of neighborhood buffer walls, and WHEREAS, the City of Miami Gardens’ portion of SR 826/Palmetto Expressway stretches about five miles which includes seven Interchanges, NW 12th/13th Avenue, NW 17th Avenue, NW 27th Avenue, NW 37th Avenue, NW 47th Avenue, and NW 57th Avenue, and WHEREAS, in addition, three underpasses are included, NW 22nd, NW 32nd and NW 42nd Avenues, and WHEREAS, the City has worked diligently to beautify the Palmetto Expressway Corridor through landscape funding and grants from various sources, and WHEREAS, in 2006 Mayor Gibson participated in the Florida Public Officials Design Institute at Abacoa, affiliated with Florida Atlantic University’s Center for Urban and Page 47 of 148 Environmental Solutions, which project developed a vision for the frontage road system encompassing livability and beautification coupled with mixed use and economic development, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Resolution. Section 2: EXPRESSION OF THE CITY’S VISION: The City Council requests that the Florida Department of Transportation, in its Palmetto Expressway Study, incorporate the following elements of the City’s vision for the one-way frontage road known as NW 167th Street as follows:  Enhanced access to businesses and the universities;  Improved neighborhood livability;  Multi-use sidewalks, at least 10 feet in width with curb and gutter, bicycle/pedestrian facilities, and a landscape buffer between the curb and sidewalk;  Crosswalks with pavers or stamped stamped concrete;  Pedestrian oriented lighting; Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon its final passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON ____________, 2012. ________________________________ ___ SHIRLEY GIBSON, MAYOR Page 48 of 148 ATTEST: __________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved by: __________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____ (No) Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) Councilman David Williams Jr ____ (Yes) ____ (No) Councilwoman Lisa Davis ____ (Yes) ____ (No) Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____ (No) Page 49 of 148 Page 50 of 148 Page 51 of 148 Page 52 of 148 Page 53 of 148 Page 54 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) NA Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x NA Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A x Sponsor Name City Manager Department: Planning and Zoning Staff Summary: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CANCELLING THE APRIL 4, 2012 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Proposed Action: Staff recommends that the City Council adopt a resolution to cancel the April 4, 2012 City Council Zoning Meeting. ITEM 7-E) CONSENT AGENDA RESOLUTION Cancelling the Next Zoning Meeting Page 55 of 148 1 RESOLUTION NO. 2012____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA CANCELLING THE APRIL 4, 2012 5 ZONING MEETING; PROVIDING FOR THE ADOPTION OF 6 REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. 7 8 WHEREAS, a Zoning meeting is currently scheduled for April 4, 2012 at 7:00 9 p.m., and 10 WHEREAS, there are no items scheduled for public hearing for the April 4, 2012 11 Zoning meeting, and 12 WHEREAS, as such, staff recommends the adoption of a Resolution to cancel 13 the Zoning meeting scheduled for April 4, 2012, 14 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 15 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 16 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 17 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 18 made a specific part of this Resolution. 19 Section 2: CANCELLATION OF MEETING: The City Council of Miami 20 Gardens hereby cancels the Zoning meeting scheduled for April 4, 2012 at 7:00 p.m. 21 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 22 upon its final passage. 23 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 24 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2012. 25 ___________________________________ 26 SHIRLEY GIBSON, MAYOR 27 28 ATTEST: 29 30 31 __________________________________ 32 RONETTA TAYLOR, MMC, CITY CLERK Page 56 of 148 2 33 34 35 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 36 37 38 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 39 40 Moved by: __________________ 41 42 VOTE: _________ 43 44 Mayor Shirley Gibson ____ (Yes) ____ (No) 45 Vice Mayor Aaron Campbell ____ (Yes) ____ (No) 46 Councilwoman Lisa Davis ____ (Yes) ____ (No) 47 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 48 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 49 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 50 Councilman Andre’ Williams ____ (Yes) ____ (No) 51 52 53 54 Page 57 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading n/a x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION No. 2011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MARIA NOYA AND JUAN RODRIGUEZ TO ALLOW A REAR SETBACK OF A PRINCIPAL BUILDING OF 9.36 FEET WHERE 25.0 FEET IS REQUIRED, FOR PROPERTY LOCATED AT 1871 N.W. 152 STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Information This item was deferred from the December 7, 2011 meeting to allow the applicant an opportunity to obtain an interpreter to address Council. ITEM 10-A) RESOLUTION/PUBLIC HEARING Maria Noya & Juan Rodriguez Application Page 58 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 As part of the purchase of the property located at 1871 N.W. 152 Street, the applicants, Maria Noya and Juan Rodriguez, entered into a stipulation agreement in June 2010 through the City’s Re-Occupancy Certificate program to correct existing violations on the property. The violations included two carports encroaching into the front setback area, which have since been removed; and a rear setback of 9.36 feet of an addition to the residence, of which the applicants are requesting a variance. Current Situation The applicants are requesting a rear setback variance of 9.36 feet to allow, in part, the legalization of the addition to the residence. The applicants will still have to obtain an after the fact building permit for the addition from the City’s Building Services Department, however, a building permit cannot be issued unless the rear setback variance is first granted which will authorize the zoning approval of the building permit. Proposed Action: Staff recommends denying the proposed resolution. Attachments: EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” STAFF RECOMMENDATION Page 59 of 148 1 RESOLUTION NO. 2012____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED 5 BY MARIA NOYA AND JUAN RODRIGUEZ TO ALLOW A REAR 6 SETBACK OF A PRINCIPAL BUILDING OF 9.36 FEET WHERE 25.0 7 FEET IS REQUIRED, FOR THE PROPERTY LOCATED AT 1871 N.W. 8 152ND STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” 9 ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF 10 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 11 12 WHEREAS, Maria Noya and Juan Rodriguez (“Applicants”) are the owners of the 13 property located at 1871 N.W. 152nd Street, more particularly described on Exhibit “A” 14 attached hereto, and 15 WHEREAS, the Applicants are requesting a variance to legalize an addition to 16 the subject residence, and 17 WHEREAS, the Applicants have applied for a variance of Section 34-342 of the 18 Land Development Code to allow a rear setback of 9.36 feet where 25.0 feet is 19 required, and 20 WHEREAS, City staff recommends denial of the application, and 21 WHEREAS, the City Council has considered the testimony of the Applicant, if 22 any, and 23 WHEREAS, the City Council has also considered the testimony of the City’s 24 Planning and Zoning staff and the staff report attached hereto as Exhibit “B”, and 25 incorporated herein by reference, 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30 made a specific part of this Resolution. Page 60 of 148 2 31 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32 hereby approves the application submitted by Maria Noya and Juan Rodriguez to allow 33 a rear setback of a principal building of 9.36 feet where 25.0 feet is required, for the 34 property located at 1871 N.W. 152nd Street, more particularly described on Exhibit “A” 35 attached hereto. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37 upon its final passage. 38 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 39 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2012. 40 41 ___________________________________ 42 SHIRLEY GIBSON, MAYOR 43 44 45 46 ATTEST: 47 48 49 __________________________________ 50 RONETTA TAYLOR, MMC, CITY CLERK 51 52 53 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 54 55 56 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 57 58 Moved by: __________________ 59 60 VOTE: _________ 61 62 Mayor Shirley Gibson ____ (Yes) ____ (No) 63 Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) 64 Councilman David Williams Jr ____ (Yes) ____ (No) 65 Councilwoman Lisa Davis ____ (Yes) ____ (No) 66 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 67 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 68 Councilman Andre’ Williams ____ (Yes) ____ (No) Page 61 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 EXHIBIT “A” LEGAL DESCRIPTION Page 62 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 EXHIBIT “A” LEGAL DESCRIPTION LOT 16 BLK 8 OF “RAINBOW PARK” PLAT THEREOF AS PB 44-21 AS RECORDED IN THE OFFICIAL RECORDS BOOK MIAMI-DADE COUNTY, FLORIDA Page 63 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 EXHIBIT “B” STAFF RECOMMENDATION Page 64 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 STAFF RECOMMENDATION PH-2011-000075 APPLICATION INFORMATION Applicant: Maria Noya and Juan Rodriguez Property Location: 1871 N.W. 152 STREET Property Size: 0.11 acres/5000 square feet Future Land Use: Neighborhood Existing Zoning: R-1, Single Family Residential Requested Action(s): 1. Request to allow a rear setback variance of 9.36 feet where 25.0 feet is required for a single family residence in the R-1, Single Family Residential district. RECOMMENDATION: Staff recommends denying the request for the 9.36 foot rear setback for the property located at 1871 N.W. 152 Street finding all the criteria for granting of variances have not been satisfied. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Neighborhood R-1, Single Family Residential single family residence North Neighborhood R-1, Single Family Residential single family residence South Neighborhood R-1, Single Family Residential single family residence East Neighborhood R-1, Single Family Residential single family residence West Neighborhood R-1, Single Family Residential single family residence The subject property is currently developed with a 1364 square feet single family residence on a 5000 square foot lot. The surrounding properties are all zoned R-1, Single Family Residential and developed with single family residences. Page 65 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 Project Summary/Background  The applicants during the purchase of the subject property entered into a stipulation agreement with the City through the Re-Occupancy Certificate program agreeing to correct violations on the property.  The violations included two carports installed with building permits and encroaching into the front setback area, of which have been removed; and an addition to the residence that has a 9.36 feet setback from the rear property line where 25.0 feet is required.  To correct the addition an after the fact building permit is required, of which the applicant has applied for, however, Zoning cannot authorize the approval of the building permit without a variance of the rear setback encroachment being approved. Zoning History There is no history of any previous zoning actions on the property. Consistency with City of Miami Gardens Comprehensive Development Master Plan The subject property is designated Neighborhood on the Future Land Use Map of the Future Land Use Element of the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The CDMP objectives and policies of the Neighborhood designation allow and protect single family residential areas from intrusion of incompatible uses. Conclusion: The requested variances do not change the single-family residential use of the property. Therefore, the request does not impact policies of the CDMP and is consistent with same. Zoning Review and Analysis Section 34-47 (h) Criteria for granting variances states: (h) Criteria for granting variances. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances and waivers of this chapter, when authorized, the zoning appeals board may grant approval, approval with conditions of the application upon showing by the applicant that the non-use variance or waiver that all the following have been met: (1) The particular physical surroundings, shape, topographical topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship was not deliberately created to establish a use or structure which is not otherwise consistent with this Code. Page 66 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. (6) The variance request is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) The granting of the variance request will be in harmony with the general intent and purpose of these regulations and the comprehensive plan; (8) Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and the permitted use of lands, structures, or buildings in other zoning districts, shall not be considered grounds for the authorization of a variance; and (9) Financial hardship is not not the only evidence of a hardship considered in the authorization of a variance. In reviewing the request to allow a 9.36 feet rear setback where 25.0 feet is required and after site inspections the following findings are made:  The conditions upon which the request for a variance is based are not unique to the parcel and would be generally applicable to other property within the vicinity; the other single family residences surrounding and abutting the subject property do not have additions with rear yard setback encroachments nor have variances been granted for such additions;  The subject property does not have particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience from the construction of the addition without first obtaining a building permit; Conclusion: After consideration of the above criteria for granting of the variance and based on the findings it can be concluded that all of the above criteria has not been satisfied for the granting of the variance. Anticipated Facilities Impact The subject application pertains to an existing single-family property and, as such, will not create additional impact upon the existing public services and facilities. Public Notification/Comments In accordance with Section 34-46(d)(7)(a) of the City’s Zoning and Land Development Code, notification of the applicant’s requests was mailed to all abutting property owners to provide them Page 67 of 148 Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, March 7, 2012 an opportunity to comment on the application. No comments were received at time of writing of staff’s recommendation. Attachments: Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Photos of Property Certificate of Re-Occupancy Information Page 68 of 148 Page 69 of 148 Page 70 of 148 Page 71 of 148 Page 72 of 148 Page 73 of 148 Page 74 of 148 Page 75 of 148 Page 76 of 148 Page 77 of 148 Page 78 of 148 Page 79 of 148 Page 80 of 148 Page 81 of 148 Page 82 of 148 Page 83 of 148 Page 84 of 148 Page 85 of 148 Page 86 of 148 Page 87 of 148 Page 88 of 148 Page 89 of 148 Page 90 of 148 Page 91 of 148 Page 92 of 148 Page 93 of 148 Page 94 of 148 Page 95 of 148 Page 96 of 148 Page 97 of 148 Page 98 of 148 Page 99 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION NO. 2012____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY CAPO AND SONS CORPORATION, FOR THE PROPERTY GENERALLY LOCATED AT NORTHWEST 167TH STREET AND NORTHWEST 47TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, FOR A VARIANCE OF SECTION 34-667(1)(B)(C) OF THE CITY’S LAND DEVELOPMENT CODE TO ALLOW A MONUMENT SIGN WITH A SIGN AREA OF 682.0 SQUARE FEET WHERE A MAXIMUM SIGN AREA OF 200 SQUARE FEET IS ALLOWED, AND TO ALLOW A SIGN HEIGHT OF 25.0 FEET WHERE A MAXIMUM HEIGHT OF 20.0 FEET IS ALLOWED; FOR A VARIANCE OF SECTION 34-667(2)(B)(2) TO ALLOW A WALL SIGN WITH AN AREA OF 1602.5 SQUARE FEET WHERE A MAXIMUM AREA OF 400 SQUARE FEET IS ALLOWED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. ITEM 10-B) RESOLUTIONS/PUBLIC HEARING Capo & Sons Corporation Page 100 of 148 El Dorado Furniture Sign Variance, March 7, 2012 PH-2011-000078 Staff Summary: Background In February 2008 the City adopted new sign regulations with an intent and purpose that the “display of signs should be appropriate to the land, building or use they identify and be adequate, but not excessive, for the intended purpose of identification or advertisement”; . . . With respect to signs advertising business uses, these regulations are specifically intended to avoid excessive competition and clutter among sign displays in the demand for public attention.” The sign regulations were developed to be primarily applicable to the commercial centers and businesses along the City’s major roadways such as the Palmetto Expressway, N.W. 27 Avenue, and N.W. 2 Avenue which are classified as Major Arterials. A sign variance process was adopted as part of the regulations to allow the City Council to evaluate whether the intent and purpose of the regulations are being met in situations where the regulations cannot be fully complied with, or may not be practical in already developed business properties. Current Situation The applicant, Capo and Sons Corporation, on behalf of El Dorado Furniture, is a single-use property located at the corner of N.W. 167 Street and N.W. 47 Avenue. The sign regulations were specifically intended to be applied to uses adjacent to major roadways such as N.W. 167 Street, N.W. 47 Avenue, and the Palmetto Expressway.  The existing pole type sign is 25.0 feet in height, with a calculated 310 square feet of sign area.  The code allows a maximum 20 feet in height, and 200 square feet in sign area along N.W. 167 Street.  The sign modification proposed is to change the existing pole type sign to a monument sign. The proposed monument sign would remain 25 feet in height, with a sign area of 682 square feet when the base is calculated into the sign area. The actual copy area for the signage will remain at 300 square feet.  The existing wall sign on the warehouse section of the building is 1602.5 square feet in size occupying 4% of the 40,000 square foot building façade. Each letter of the wall sign is structurally integrated into the building façade and not mounted on a “raceway” device typical of many channel lettering installations making removal and replacement of a wall sign in compliance architecturally difficult and costly.  Both the pole type sign and the wall sign have been retrofitted with energy efficient LED lighting in the past seven (7) years at a substantial cost. Since the applicant is proposing to modify the existing freestanding sign into a monument type sign, and remove all other non-compliant signage on the property and replace same with signage in compliance with the City’s sign regulations including directional signs and informational signs the proposed sign modifications and Sign Plan have been crafted to meet the intent and purpose of the City’s sign criteria. Though, the existing wall sign is proposed to remain, where the applicant has worked with staff on the other modifications necessary and has made the attempt within reasonable physical and cost restraints to comply with the new sign regulations staff is supportive of the overall sign plan proposed. . Proposed Action: City Staff recommends Council approve the Resolution. Attachments:  Exhibit “A”, Legal Description  Exhibit “B”, Staff Recommendation Page 101 of 148 1 RESOLUTION NO. 2012____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED 5 BY CAPO AND SONS CORPORATION, FOR THE PROPERTY 6 GENERALLY LOCATED AT NORTHWEST 167TH STREET AND 7 NORTHWEST 47TH AVENUE, MORE PARTICULARLY DESCRIBED ON 8 EXHIBIT “A” ATTACHED HERETO, FOR A VARIANCE OF SECTION 34-9 667(1)(B)(C) OF THE CITY’S LAND DEVELOPMENT CODE TO ALLOW 10 A MONUMENT SIGN WITH A SIGN AREA OF 682.0 SQUARE FEET 11 WHERE A MAXIMUM SIGN AREA OF 200 SQUARE FEET IS 12 ALLOWED, AND TO ALLOW A SIGN HEIGHT OF 25.0 FEET WHERE A 13 MAXIMUM HEIGHT OF 20.0 FEET IS ALLOWED; FOR A VARIANCE OF 14 SECTION 34-667(2)(B)(2) TO ALLOW A WALL SIGN WITH AN AREA OF 15 1602.5 SQUARE FEET WHERE A MAXIMUM AREA OF 400 SQUARE 16 FEET IS ALLOWED; PROVIDING FOR THE ADOPTION OF 17 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS, the Applicant, Capo and Sons Corporation owns the property 20 generally located at the corner of Northwest 167th Street and Northwest 47th Avenue, 21 more particularly described on Exhibit “A” attached hereto, and 22 WHEREAS, the Applicant is requesting the following variances: 23 A. A monument sign with a height of 25.0 feet with a calculated 24 310 square feet of sign area where a monument sign of 200 25 square feet and a maximum height of 20 feet is permitted; 26 and 27 28 B. A variance to maintain an existing 1602.5 square feet wall 29 sign where a maximum of 400 feet is permitted, and 30 31 WHEREAS, City staff recommends approval of the application, and 32 WHEREAS, the City Council has considered the testimony of the Applicant, if 33 any, and 34 WHEREAS, the City Council has also considered the testimony of the City’s 35 Planning and Zone staff, and the staff report attached hereto as Exhibit “B” and 36 incorporated herein by reference, 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: Page 102 of 148 2 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41 made a specific part of this Resolution. 42 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43 hereby approves the Application submitted by Capo and Sons Corporation as follows: 44 A. A variance of Section 34-667(1)(B)(C) of the City’s Land 45 Development Code to allow a monument sign with a sign area of 46 682.0 square feet where a maximum sign area of 200 square feet is 47 allowed, and to allow a sign height of 25.0 feet where a maximum 48 height of 20.0 feet is allowed; and 49 50 B. A variance of Section 34-667(2)(B)(2) to allow a wall sign with an 51 area of 1602.5 square feet where a maximum area of 400 feet is 52 allowed. 53 54 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 55 upon its final passage. 56 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI 57 GARDENS AT ITS ZONING MEETING HELD ON ____________, 2012. 58 59 60 ___________________________________ 61 SHIRLEY GIBSON, MAYOR 62 63 64 65 66 ATTEST: 67 68 69 __________________________________ 70 RONETTA TAYLOR, MMC, CITY CLERK 71 72 73 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY 74 75 Page 103 of 148 3 76 SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER 77 78 79 Moved by: __________________ 80 81 VOTE: _________ 82 83 Mayor Shirley Gibson ____ (Yes) ____ (No) 84 Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) 85 Councilman David Williams Jr ____ (Yes) ____ (No) 86 Councilwoman Lisa Davis ____ (Yes) ____ (No) 87 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 88 Councilwoman Felicia Robinson ____ (Yes) ____ (No) 89 Councilman Andre’ Williams ____ (Yes) ____ (No) 90 91 92 93 Page 104 of 148 El Dorado Furniture Sign Variance, March 7, 2012 PH-2011-000078 EXHIBIT “A” LEGAL DESCRIPTION Page 105 of 148 El Dorado Furniture Sign Variance, March 7, 2012 PH-2011-000078 EXHIBIT “A” LEGAL DESCRIPTION FLORIDA INDUSTRIAL PARK PB 142-24 T-17505 TR A LOT SIZE 21.23 ACRESS F/A/U PARCEL NUMBER: 34-2117-017-001011. Page 106 of 148 El Dorado Furniture sign variance March 7, 2012 PH-2011-000078 EXHIBIT “B” STAFF RECOMMENDATION Page 107 of 148 El Dorado Furniture sign variance March 7, 2012 PH-2011-000078 STAFF RECOMMENDATION PH-2010-000078 APPLICATION INFORMATION Applicant: Capo and Sons Corporation for Eldorado Furniture Property Location: 4200 NW 167 Street Property Size: 21.23 acres Future Land Use: Commerce Existing Zoning: I-2, Industrial -Heavy Requested Action(s): 1. Variance of section 34-667(1)(b)(c) to allow a monument sign with a sign area of 682 square feet where a maximum sign area of 200 square feet is allowed; and a height of 25.0 feet where a maximum height of 15.0 feet is allowed; 2. Variance of section 34-667(2)(b) to allow a wall sign 1603 square feet in area where a 400 square feet maximum sign area is permitted. RECOMMENDATION: City Staff recommends Council approve the Resolution. REVIEW AND ANALYSIS Neighborhood Land Use Characteristics Property Future Land Use Zoning Existing Use Site Commerce I-2, Industrial -Heavy Furniture retailer and warehouse North Major Arterial Right of way Palmetto Expressway South Commerce GP, Government Property Miami-Dade County School Board bus parking facility East Neighborhood R-1, Single Family Residential single family residences West Commerce I-1, Industrial -Light Electronics retailer The 31.23 acre property is developed with a 479,270 square foot furniture and warehouse facility. To the north is the Palmetto Expressway, with single family residences to the east and a Miami-Dade County School Board bus storage facility to the south. Adjacent to the west is Brandsmart, an electronics and appliance retailer. Page 108 of 148 El Dorado Furniture sign variance March 7, 2012 PH-2011-000078 Project Summary/Background  The 479,270 square feet facility operates as a furniture retailer and warehouse/distribution for El Dorado Furniture stores. The facility in located on 21.23 acres with access from N.W. 167 Street eastbound and from N.W. 47 Avenue. The property has almost 1000 feet of frontage on N.W. 167 Street and the building is setback approximately 420 feet from the Palmetto Expressway and 240 feet from the N.W. 167 Street.  The existing freestanding sign is a 25.0 feet high pole type sign with sign copy of approximately 300 square feet containing “El Dorado Furniture”.  The wall sign is 1603 square feet in area and consists of individual illuminated letters mounted directly onto the building façade. The building façade is approximately 40,000 square feet spanning almost the entire 900 feet width of the property at approximately 48.0 feet high. The wall sign occupies 4% or less of the building façade.  Both the freestanding sign and the wall sign have been refurbished and retrofitted with energy efficient LED lighting within the last seven (7) years.  Both the freestanding sign and wall sign complied with, and were permitted under the Miami-Dade County sign regulations at time of installation.  The City’s sign regulations require that by February 12, 2011 a Sign Plan approval be obtained and by Feb. 12, 2013 (5 years from adoption) all signage be in compliance with the approved Sign Plan pursuant to the regulations adopted on February 13, 2008. The applicant is not able to obtain sign plan approval without depicting signage that will be in compliance with the City’s regulation come 2013. The existing pole sign and wall sign on the property do not comply with the City’s 2008 adopted sign regulations.  The applicant will remove and replace all other signage on the property, other than as requested herein, for compliance with the City’s sign regulations. Zoning History Metropolitan Dade County Zoning Appeals Board approved Resolution No. 4-ZAB-141-92 granting a non-use variance of setback requirements allowing the existing freestanding sign to setback 10.0 feet where 20.0 feet was required. Consistency with City of Miami Gardens Comprehensive Development Master Plan The requested waivers of the sign regulations do not impact or change the use or the development on the property in a manner that is inconsistent with the Commerce designation of the property in the Future Land Use Element of the of the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The CDMP’s Community Vision states as a Medium overall rating under Physical Development and Improvement: “1i. Need better signage citywide and on major routes.” The Suggested Modified Implementation Priority and Statements further state: “. . . Freestanding signage should be eliminated in favor of small monument signs coordinated with building architecture. . .” Conclusion: The request is not inconsistent with general objectives and policies of the Future Land Use Element of the CDMP and attempts to be consistent with the Community Vision which is an adopted part of the CDMP with the monument sign design and coordination with the building architecture. Page 109 of 148 El Dorado Furniture sign variance March 7, 2012 PH-2011-000078 Zoning Review and Analysis In evaluating the request consideration is given to purpose and intent of the sign regulations. “Section 34-649 – Purpose and intent” states: “(a) These sign regulations and requirements are the minimum requirements to promote the public health, safety, comfort, good order, appearance, morals and general welfare, and to protect the character of residential, business and industrial areas throughout the city, and to conserve the taxable value of land and buildings and to protect the character and maintain the stability of residential, business, and industrial areas within the city and to promote the orderly and beneficial development of such areas. The display of signs should be appropriate to the land, building or use they identify and be adequate, but not excessive, for the intended purpose of identification or advertisement. (b) Unless otherwise prescribed herein, signs placed on land or on a building for the purpose of message display, identification or for advertising a use conducted thereon or therein shall be deemed to be accessory and incidental to subject land, building or use. With respect to signs advertising business uses, these regulations are specifically intended to avoid excessive competition and clutter among sign displays in the demand for public attention.” In granting of the waiver consideration is given to the on how the request is evaluated: “Section 34-656 – Variances and waivers” states: Whereas it is the attempt of this sign code to reduce the proliferation of the number, size and types of signs, and whereas it has been determined that less-obtrusive signs will ultimately lead to a healthier economy within the city, therefore no sign shall be permitted to be installed, altered, erected, constructed, posted, painted, maintained, or relocated, contrary to the provisions of this article unless a variance or waiver is approved by a majority vote in favor of granting such a variance and waiver by the members of the city council. (1) A decision to grant a variance or waiver must be in conformance with the following criteria and procedure: a. There is something unique about the building or site configuration that would cause the signage permitted by this article to be ineffective in identifying a use or structure that would otherwise be entitled to a sign. b. Page 110 of 148 El Dorado Furniture sign variance March 7, 2012 PH-2011-000078 The grant of a variance or waiver is not contrary to the plan and intent of the sign code or any adopted redevelopment plan or policies, the aesthetics of the area, and does not create a nuisance or adversely affect any neighboring properties. c. The sign provides certain aesthetics, landmark recognition, or public benefit that is in the best interest and general welfare of the city, without detrimental impacts to the surrounding area.” In reviewing the above criteria for the granting the variances consideration was given to the following:  The overall size and scale of the site as with 21 acres, 898 feet of frontage along N.W. 167 Street and fully developed with a 479,270 square feet furniture retail store and warehouse/distribution facility.  The applicant is proposing to maintain the one wall sign for the property and modify the existing pole design into a monument sign design; four other freestanding informational and directional signs will be removed and replaced with smaller signage in compliance with the sign code. Considering the property has almost 900 feet of frontage and the building is set back 240 feet from the right-of-way, the one wall sign and one monument sign are consistent with the purpose and intent of the sign code since the overall size and height of the signs are not out of scale based on the size of the property and do not result in an excessive clutter of signs.  The proposed monument sign area of 682 square feet, though greater than the allowed 200 square feet, is a direct result of the sign area being calculated to include the base of the monument sign. The proposed sign copy area comprises of the existing and approved by Metropolitan Dade County Resolution 300 square feet of the sign while the remainder is the base necessary to comply with the monument sign design standards. The existing 25 foot height exceeds the new sign code of 20 feet; however, the additional five feet in height is not significant nor is it excessive in in relationship to the large scale of the building.  The existing wall sign exceeds the City’s new sign code maximum size of 400 square feet. However, it occupies only 4% of the entire building façade area and is to scale and proportion with the building and its 240’ setback from the right-of-way. This allows adequate and reasonable identification for a property of 21.23 acres with almost 900 feet of frontage on the Palmetto Expressway. Furthermore, the individual letters are integrated with the building wall structure so as to make them architecturally difficult and costly for removal and replacement. Conclusion: The variance request maintains the intent and purpose of the sign code and meets the criteria for granting the variances. Anticipated Facilities Impact The subject application pertains to existing signage and does not create additional impact upon public services and facilities. Page 111 of 148 El Dorado Furniture sign variance March 7, 2012 PH-2011-000078 Public Notification/Comments In accordance with Section 34-46(d)(7)(a) of the City’s Zoning and Land Development Code, notification of the applicant’s requests was mailed to all abutting property owners to provide them an opportunity to comment on the application. To date of this writing no comments were received. (See Mailed Notice Radius Map, attached). Attachments: Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Page 112 of 148 Page 113 of 148 Page 114 of 148 Page 115 of 148 Page 116 of 148 Page 117 of 148 Page 118 of 148 Page 119 of 148 Page 120 of 148 Page 121 of 148 Page 122 of 148 Page 123 of 148 Page 124 of 148 Page 125 of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo – Information Item Zoning Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: Advertising Requirement: Yes No Contract/P.O. Required: Yes No RFP/RFQ/Bid #: Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of Life & City Image Communication N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Staff Summary: Information Item Functions in the Planning & Zoning Department are being separated for purposes of greater efficiency. Day-to-day functions dealing with zoning, building permit review, certificates of use, signs, landscape, and other code compliance issues are being led by by Cyril Saiphoo, Zoning Administrator, with Nixon Lebrun, Planner, and Marilu Gunness, Zoning Technician supporting. Mr. Saiphoo is responsible coordinating the Zoning Meeting agenda. The Department’s planning functions will continue to be led by Jay Marder, Development Services Director, with Bhairvi Pandya, Senior Planner/GIS Specialist supporting. We are creating a Planning “Studio,” a working group utilizing graduate student interns (unpaid volunteers) in the field of urban planning and related fields. So far we have two graduate students, one from Florida Atlantic University’s Urban Planning program and one from Florida International University’s Public Administration program. We are interviewing a senior in University of Miami’s environmental engineering program. ITEM 11-A) CITY MANAGER'S REPORT Planning Studio Projects Page 126 of 148 Planning and Zoning Department Functions March 7, 2012 Attached is a summary of the planning projects to be tackled. Other planning functions such as administering the Comprehensive Development Master Plan and its statutory updates, long-range planning projects such as the City-wide Bike/Pedestrian Mobility Plan, applying for grants, conducting studies, GIS mapping, population analysis, transportation planning/funding and group home applications/approvals will continue to be handled by Jay and Bhairvi. Proposed Action: No action is necessary or recommended. Attachments: Attachments: Summary of Planning Projects in Miami Gardens Page 127 of 148 City of Miami Gardens Planning Projects, 2012 1 Summary of Planning Projects in Miami Gardens 1. Sunshine State International Park (SSIP) Redevelopment and Revitalization: Revitalize, redevelop and otherwise spur economic development at the SSIP o Reposition and create new visibility and attraction to the park o Establish an Entertainment District on NW 13th Avenue o Accentuate New Zoning Flexibility of Permitted Uses o Capitalize on Miami Modern (MiMo) Historic Architecture to create identity and visibility o Conduct charettes and workshops to engage businesses and owners o Create a shared partnership to invest in the infrastructure o Facilitate Public Streetscape and Private Landscape Improvement Partnerships o Increase Transit Access and Connectivity: Create a Transit Bridge from the Park to the Golden Glades Intermodal Center 2. West Side Redevelopment (north of Miami Gardens Drive and west of NW 27th Avenue) o Create a redevelopment/revitalization plan for the area o Engage the neighborhood with charettes and workshops o Formulate specific neighborhood improvements o Identify funding resources to carry out needed improvements 3. NW 27th Avenue Community Redevelopment Agency o Determine the feasibility of establishing a community redevelopment agency for the N.W. 27th Avenue Corridor from the county line to NW 175th Street (preliminary data provided to City Council) o Prepare a Slum and Blight Analysis to justify the need for redevelopment o Prepare a Redevelopment Plan with specific improvements 4. Neighborhood Development and Identity o Analyze various city neighborhood assets and needs o Formulate proposed improvements in conjunction with the residents o Establish conceptual redevelopment plans for various neighborhoods o Utilize various funding mechanisms (special taxing districts, neighborhood improvement districts, or community development districts) when appropriate, whereby property owners pay special assessments for special services such as street lighting, security guard services, guardhouses, lake maintenance, sewers and other infrastructure improvements 5. Metropolitan Transportation Planning: Participate in Miami‐Dade Metropolitan Planning Organization processes: o To insure that the City’s strategic interests are met; and, o To take advantage of funding opportunities o Phase 2 West Side Trail in the amount of $720,000: This Transportation Enhancement Grant for bicycle‐pedestrian facilities is pending. o Bicycle/Pedestrian Mobility Plan: MPO Municipal Grant received; develop a city master plan for non‐vehicular transportation during. o Golden Glades Interchange Study: Insure that City interests are considered in this 2011‐12 study to provide a better northbound connection from the Palmetto Expressway to northbound I‐95. Page 128 of 148 City of Miami Gardens Planning Projects, 2012 2 o Preliminary Design and Environmental Study of the Palmetto Expressway: Insure that the City’s input is considered for this expansion project in terms of improved livability of the NW 167th Street one‐way pair frontage road with landscape and other enhancements. 6. Development of Miami‐Dade County Transit (MDT) Property at NW 215th Street and NW 27th Avenue o This important 15 acre site at the City’s northwestern gateway off the Florida Turnpike is master planned for mixed use commercial/office development with a bus transit facility. o Represent the City’s interests in terms of neighborhood compatibility and quality development 7. City’s 40 acre site at NW 27th Avenue and NW 191st Street: Take steps necessary to rezone and sell this property o Remove the property from the Dolphin Center South Development of Regional Impact through a Boundary Change o Rezone a portion of the property for commercial use 8. Establish the City’s Historic Preservation Program: In In addition to steps noted above relative the Sunshine State International Park: o Renovate Enrico Dairy Farmhouse: Designated for the city’s historic museum and archives, renovate the house for public occupancy. i. Obtain Local Historic Designations through the Miami‐Dade County Historic Preservation Board ii. Obtain funding through grants and other commitments to affect an estimated $250,000 in improvements to make the house public accessible. o Historic Archives: Develop a proper historic archive system with files, etc. to consolidate historic materials currently stored in various locations. Once a place and system are set up, solicit historic materials from the public. o Community Awareness “Celebrate MiMo” Campaign: Involve the community during the MiMo heritage awareness time coordinated with Miami and Miami Beach. Hold workshops, tours, and student contests o Historic Designation of Other Properties: Pursue the possible historic designation for other properties pursuant to 2007 MiMo study Page 129 of of 148 1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Zoning Agenda Memo – Information Item Zoning Board Meeting Date: March 7, 2012 Item Type: (Enter X in box) Resolution Ordinance Other Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No Contract/P.O. Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: X N/A Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Staff Summary: Background The City’s new Sign Code was adopted February 13, 2008 with a five year implementation timeframe with the following compliance dates:  Sign Plan Application Submittal: February 13, 2010  Sign Plan Approval: February 13, 2011  Sign Code Full Compliance: February 13, 2013 The City has been proactive in implementing the sign code:  After initial adoption, over 3,000 brochures were sent to inform all nonresidential property owners and all city businesses that the new Sign Code is adopted and provide compliance information including due dates for compliance.  Ongoing solicitation of individual sign contractors to become qualified contractors with the City so that the City can refer qualified contractors to applicants needing assistance.  Coordinated and publicized the City’s Business Incentive Program on the web and through handouts as a means of funding new signage.  Retained discounted sign plan application fees for the first five years of implementation. ITEM 11-B) CITY MANAGER'S REPORT Sign Plan Compliance Update Page 130 of 148 Information Item – Sign Code Compliance Update March 7, 2012  Through working with property owners and community stakeholders City amended sign code to regulations on streets classified as Collector and other streets in order to provide less stringent regulations for industrial area and other signage that would not visible from the City’s major roadways.  On-going on-site meetings and consultations with property owners and sign contractors to assist with compliance.  A Courtesy Notice – Sign Regulation Compliance in late October 2011 was sent to all property owners that, up to that date, had not submitted a sign plan requiring a sign plan be submitted by December 31, 2011 to avoid possible civil violation fees. Current Situation Full sign code compliance, including installation of all new signage, is February 13, 2013, just under a year away. The status of compliance is as follows ( the numbers are approximate as the numbers fluctuate as staff processes new applications daily; and have not included Miami-Miami-Dade County School Board properties):  800 properties are required to be in full compliance;  350 have submitted a sign plan to date;  250 of the 350 submitted sign plans have been approved;  100 of the 350 submitted sign plans are denials and/or pending resubmittal for sign plan compliance;  75 properties of the 250 approved already are in, or will be in full compliance, including the installation of the required signage;  419 of the 800 properties have not made a sign plan submittal;  The 250 properties with sign plan approvals represent a 31% compliance rate to date; A Warning Notice (WN) has been issued as of March 1, 2012 to the 419 commercial property owners that have not submitted a sign plan as was required since February 13, 2010. The WN is the required Code Compliance warning for impending Civil Violation Notice issuance and assessed fines of $500.00/day for non-compliance. The WN requires the sign plan to be submitted no more than 30 days from the date of receipt for compliance. A WN WN will be issued to the approximately 100 commercial property owners that have submitted sign plans, but remain pending or denied. If approval is not obtained within 30 days of the WN, a Civil Violation Notice will be issued and fines of $100.00/day for non-compliance. Proposed Action: This is an information item. No action is proposed. Attachments:  Sample of Courtesy Notice sent October 27, 2011  List of Properties That Have Not Submitted a Sign Plan Page 131 of 148 Information Item – Sign Code Compliance Update March 7, 2012 SAMPLE OF COURTESY NOTICE – SENT OCTOBER 27, 2011 Page 132 of 148 Page 133 of 148 Page 134 of 148 Page 135 of 148 Page 136 of 148 Page 137 of 148 Page 138 of 148 Page 139 of 148 Page 140 of 148 Page 141 of 148 Page 142 of 148 Page 143 of 148 Page 144 of 148 Page 145 of 148 Page 146 of 148 Page 147 of 148 Page 148 of 148