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02.02.2011 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 Zoning Minutes February 2,2011 Page 1 of 7 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) Zoning Minutes February 2,2011 Page 2 of 7 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. Zoning Minutes February 2,2011 Page 3 of 7 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. Zoning Minutes February 2,2011 Page 4 of 7 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. Zoning Minutes February 2,2011 Page 5 of 7 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. Zoning Minutes February 2,2011 Page 6 of 7 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 Zoning Minutes February 2,2011 Page 7 of 7