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06.01.2011 ZONING MINUTES - JUNE 1, 2011 CITYOF MIAMI GARDENS REGULAR ZONING MINUTES JUNE 19 2011 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council sitting at the City of Miami Gardens Zoning Board,met in regular session on Wednesday,June 1,2011,beginning at 7:05 p.m.,in the City Council Chambers, 1515 NW 1674' 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.,and Council members Lisa C.Davis,Felicia Robinson,David Williams Jr., and Oliver G. Gilbert III. Councilman Andre Williams was not present due to prior business commitment. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Dickens, Mario Bataille, Deputy City Clerk, sitting in for the City Clerk who was not present to due illness; Assistant City Manager/Community Development Director Daniel Rosemond, Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo. 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: Recited in unison. Please note Councilman Oliver G. Gilbert left the meeting at 7:10 p.m. 4. APPROVAL OF MINUTES: 4-A) Regular Zoning Minutes—May 4, 2011 Motion offered by Councilman David Williams Jr.,seconded by Councilwoman Robinson to approve the minutes,with the necessary corrections,if any. This motion passed and carried by a 5-0 voice vote. 5. AGENDA ORDER OF BUSINESS (ADDMONS/DELETIONS/AMENDMENTS) BUSINESS(items shall be pulled from the Consent Agenda at this time : Motion offered by Councilman David Williams Jr., seconded by Councilwoman Davis to approve the official Agenda. This motion passed and carried by a 5-0 voice vote. All parties participating in this Quasi-Judicial Proceeding were sworn in by the Deputy City Clerk. Mr. Saiphoo, Zoning Administrator read into the record the process used for this Quasi- Judicial Proceeding. Zoning Minutes June 1,2011 Page 1 of 6 ZONING MINUTES - JUNE 1, 2011 6. PRESENTATION(S): None 7. CONSENT AGENDA: None 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S): None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2011-11-253 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED JERRY B.PROCTOR,ESQ.FOR NORTH AMERICAN ISLAMIC TRUST,INC.FOR THE REZONING OF THE PROPERTY LOCATED AT 4305 N.W. 183 STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A,"ATTACHED HERETO,FROM AU, AGRICULTURAL AND UTILITIES DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES 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. She explained, if applicant agreed with staff's recommendations, no presentation was needed. The applicant indicated its agreement with staff's recommendations. There being no other interested parties to speak at this time,the public hearing closed. Motion offered by Councilman David Williams Jr., seconded by Councilwoman Davis to adopt this item. There being no discussion, the motion to adopt this ordinance passed and carried by a 5-0 vote. Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert III: Not present Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Not present Zoning Minutes June 1,2011 Page 2 of 6 ZONING MINUTES - JUNE 1, 2011 Councilman David Williams Jr.: Yes Mayor Shirley Gibson: Yes 10. RESOLUTION(S)MUBLIC HEARING(S): 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY PERDOMO REALTY,LLC TO WAIVE SECTION 34-657 OF THE CITY'S LAND DEVELOPMENT CODE RELATING TO MONUMENT SIGN STANDARDS AND WALL SIGN STANDARDS, AND SECTION 34-667 RELATING TO SIGNAGE ALONG PRINCIPAL ARTERIAL CORRIDORS FOR PROPERTY LOCATED AT 5150 N.W. 167TH STREET,MORE PARTICULARLY DESCRIBED ON EXHIBIT"A"ATTACHED HERETO,TO PERMIT EXISTING SIGNAGE WHICH CONSISTS OF A 24.32' HIGH DOUBLE POLE SIGN WITH A TOTAL SIGNAGE AREA OF APPROXIMATELY 200 SQUARE FEET WHERE NO POLE SIGNS ARE PERMITTED AND A CABINET BOX WALL SIGN WITH A SIGN AREA OF 196.0 SQUARE FEET WHERE NO CABINET BOX SIGN IS PERMITTED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson stated for the record that she did speak with the applicant with regard to this item however that conversation will not hinder her having an un-bias decision about this item. Mayor Gibson opened the floor for this public hearing. Javier Vasquez,6500 Cowpen Road,Miami Lakes,Florida,appeared before the City Council representing the applicant. The applicant is requesting a waiver from Sections 34-657 and 34-667 of the City's Land Development Regulations and the City's Sign Code. The signage being requested are signature pieces for the Perdomo Cigars Corporation. The visibility of the signage is obviously significant to the success of this family business. Nick Perdomo, 8275 NW 167th Terrace, Miami Lakes, Florida, appeared before the City Council to further expound on this application. He shared that he is the vice mayor of Miami Lakes (neighboring city), as well as a proud property owner in Miami Gardens. He said the proposed signage can withstand winds up to 150 miles an hour. He said the signage is being maintained on his property in order to maintain the green space. He shared that he has invested over 2 Million Dollars in this property and is also looking to purchase another building within the City of Miami Gardens. He opined that each application should be judged on its own merit and stated that his application is unique. Attorney Vasquez reappeared before the City Council to solicit the Council's approval. Zoning Minutes June 1,2011 Page 3 of 6 ZONING MINUTES - JUNE 1, 2011 Motion offered by Councilwoman Davis,seconded by Councilwoman Robinson to approve this item. Councilwoman Robinson asked for clarification about the uniqueness of this application and whether this would be setting legal precedence. Attorney Dickens in response to Councilwoman Robinson's inquiry stated the Council would not be setting a legal precedence by its decision, tonight. She explained that each application is unique,therefore is evaluation individually. Mayor Gibson asked for clarification about the wall signage and the fact that it does not meet the sign requirement due to the lettering. Cyril Saiphoo in response to Mayor Gibson's inquiry said that is correct. He said there is a pole with two different signs on it. He said there has to be one solid monument sign on the property. Mayor Gibson shared that she has read the application but was not quite sure how the applicant got here (before the Council). She recounted when the sign code was in infancy stage several meetings were with the property and business owners on the west and east side of the industrial park. She said it is her understanding that special provisions were made to relax the code, especially as it related to those parks and the minor streets. Mr. Saiphoo concurred with Mayor Gibson's recollection. Jay Marder,Development Services Director further expounded and shared that the signage was relaxed however it does provide that the wall signage be a cabinet boxed wall sign. He further shared there is a landscape requirement around the sign. Mayor Gibson restated her original question and asked how the events leading up to this application coming before the Council. She said once the Sign Code was adopted, the property owners had until February 2011 to submit a plan to bring their property into compliance with Sign Code. She asked was it because of some violation to the Code that this application was brought before the Council. Mr. Saiphoo said the applicant had received a warning notification about the signage, and were given ninety(90)days to comply. Mayor Gibson asked whether the applicant get an extension to comply with the Sign Code. Attorney Dickens explained the Council has the authority to give waivers and exceptions. The Council is not allowed to give extensions. Mayor Gibson conveyed understanding of this application and stated each application has to stand on its own merit. She asked whether other businesses had submitted their"plan"to the City. Zoning Minutes June I,2011 Page 4 of 6 ZONING MINUTES - JUNE 1, 2011 Mr. Saiphoo in response to Mayor Gibson's question replied. "Yes". Mr.Perdomo reappeared before the City Council to share that the lettering in the building to meeting Miami-Dade County Code cost $13,000.00. To do two signs like that would cost approximately$50,000.00. Mayor Gibson said when this process started over two years ago many meetings were held with the property owners in this area. The City made several provisions relaxing the sign code so that everyone would be able to come into complete compliance by 2013. She emphasized the importance of providing uniformity as well as beautification to an area. Mr. Saiphoo shared that many of the property owners in this area have either complied with the sign code regulations or have submitted their"plan", which was due by February 2011. At the conclusion of this discussion the motion to approve this item failed by a 0-5 vote. Councilwoman Lisa Davis: No Councilman Oliver G. Gilbert: Not present Councilwoman Felicia Robinson: No Councilman Andre Williams: Not present Councilman David Williams Jr. No Vice Mayor Campbell Jr. No Mayor Gibson: No 11. CITY MANAGER'S REPORT 11-A. Historical Designation Mr.Marder recounted in 2004 staff discovered that the City of Miami Gardens,especially in the industrial areas has a lot of MiMo(Miami Modern)Architecture. Staff is working with Miami- Dade County Historic Preservation Board to get a local designation. The first designation would be the "Arch" located at NW 167th Street and 12th Avenue. The next designation would be the two- story house located at NW 12th Avenue and 183`d Street (Archdioceses' Property). He credited former Councilman Melvin Bratton for spearheading this initiative. He further acknowledged Lillie Q.Odom,Community Outreach Coordinator for her efforts in collecting materials for the archives. It is anticipated that the designations will be received June 15th and July 20th respectively. Councilman David Williams Jr.,opined this is a great idea. The more historic preservation and keep sakes we can capitalize in Miami Gardens elevates the City,and puts it on a national level where it should be. Mr. Marder indicated that staff from the Historic Preservation Board will be present at the next meeting to talk about this initiative. Vice Mayor Campbell said the entire City of Miami Gardens is historical and asked whether consideration can be given in those circumstances. Zoning Minutes June 1,2011 Page 5 of 6 ZONING MINUTES - JUNE 1, 2011 Mr.Marder commented that the whole industrial park has MiMo. He said staff provided an inventory in 2006, which includes over 100 properties. He said this is just the first phase of this process. Vice Mayor Campbell asked whether other considerations can be given for historical purposes. Mr. Marder said staff can see what other categories the Historic Preservation Board might have for historic preservation purposes. Daniel Rosemond appeared before the City Council to further expound on this issue. He shared that landmarks being targeted for historic designation at present are those properties that the City owns. Certainly there are properties that may have historical values. There is a modest cost of going through the historic preservation through Miami-Dade County. Vice Mayor Campbell said he was concerned about those property with significance to the African Americans who settled in this area back in the 1950's and 60's,just like in Liberty City and Overtown. He said there should be something in this area to commemorate the history of this area. Mr. Marder opined that is a part of the discovery process. Councilwoman Robinson asked Councilman David Williams Jr.,if he would partner with her in a back to school event. Councilman David Williams Jr. agreed to co-sponsor this event. 12. ADJOURNMENT There being no further discussion to come before this Body,the meeting adjourned at 8:30 p.m. 'eZ4�a ffi—4- � Attest: Shirle G son,Mayor Ronetta Taylor, MM Vtity Clerk Zoning Minutes June 1,2011 Page 6 of 6