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07.06.2011 ZONING MINUTES - JULY 6, 2011 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES JULY 69, 2011 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council for the City of Miami Gardens,sitting at the Zoning Board met in regular session on Wednesday, July 6, 2011, beginning at 7:07 p.m., in the City Council Chambers, 1515 NW 167 ' 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, Andre Williams, Felicia Robinson, David Williams Jr., and Oliver G. Gilbert III. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Dickens, Deputy City Clerk Mario Bataille, sitting in for the City Clerk was not present due to illness, Assistant City Manager Daniel Rosemond,Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo. 2. INVOCATION: Councilman Andre Williams delivered the Invocation. 3. PLEDGE OF ALLEGIANCE: Pledge of Allegiance was recited in unison. 4. APPROVAL OF MINUTES: 4-A) Regular Zoning Minutes—June 1, 2011 Motion offered by Vice Mayor Campbell, seconded by Councilman Gilbert to approve the minutes, with necessary corrections, if any. This motion passed and carried by a unanimous vote. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)BUSINESS(Items shau be puued from the Consent Agenda at this time): Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to approve the official agenda as presented. This motion passed and carried by a unanimous voice vote. The Deputy City Clerk swore in all parties participating in this Quasi-Judicial Proceeding. The Zoning Administrator read in to the record the process used for this Quasi-Judicial Proceeding. 6. PRESENTATION(S): 6-A) Miami-Dade Historic Preservation Office Kathleen Kaufinan,of the Miami-Dade Historic Preservation Office appeared before the City Council to give a brief introduction of what her Office does. The City of Miami Gardens Zoning Minutes July 6,2011 Page 1 of 11 ZONING MINUTES - JULY 6, 2011 approached this Officer with its Historic Preservation initiative. This Office will assist the City with trying to accomplish that goal. She presented a slide presentation of the Historic Preservation Office's various projects. The Historic Preservation Office's funding is 10 Million Dollars. She shared the"Arch"at the entrance of the Industrial Park is being proposed by the City for Historic Designation. The Historic Preservation will review this application to determine whether historic designation would be granted. This matter will probably be taken up at the August 2011 meeting, which is a public meeting. The public is invited although this particular item will not be a public hearing. Mayor Gibson asked about the property on NW 12th Avenue. Jay Marder, Development Services Director in response to Mayor Gibson's inquiry shared that staff has been working on with the Archdiocese, to get the necessary information on that particular site. He stated that staff is still moving with the designation of the Industrial Park. Councilman Andre Williams asked whether Ms. Kaufman could explain the historic designation process so that the residents can be empowered. Ms. Kaufman indicated that she has a fact-sheet that can be provided to the City of Miami Gardens and disseminated to the residents. She shared if someone thought they had a property what fit into that category,they should contact her office. At that time there would be conservation about the date of the building and why they think it meets the historic designation criteria. This would initiate a site visit to the property. A report is prepared and a final determination is made by the Historic Preservation Board. The process takes about two months. Councilman David Williams Jr.,said he was excited about this process and what the City is doing. He asked whether there was a fee associated with this process. Ms. Kaufman in response to Councilman David Williams' inquiry said there is a$100.00 application fee and if a private consultant is retained to assist the applicant with the process,that cost would be approximately$4,500.00. 7. CONSENT AGENDA: None 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S): 8-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AMENDING SECTION 30-6 OF EH CITY'S CODE OF ORDINANCES RELATING TO FLOODS; AMENDING SECTION 30-16 ENTITLED "PROHIBITIONS"; AMENDING SECTION 30-86 ENTITLED "SAME-DUTIES"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN Zoning Minutes July 6,2011 Page 2 of 11 ZONING MINUTES - JULY 6, 2011 CODE;PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mike Gambino,Flood Plain Administrator appeared before the City Council to share that this is basically a housekeeping item,which corrects some typos and other minor changes. Motion offered by Councilman Gilbert,seconded by Vice Mayor Campbell to adopt this item on first reading. There being no discussion,the motion to adopt on first reading passed and carried by a 7-0 vote. Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Mayor Shirley Gibson: Yes 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S): None 10. RESOLUTION(S)/PUBLIC HEARING(S): RESOLUTION NO.2011-104-1497-Z-109 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY FDIC AS RECEIVER FOR REPUBLIC FEDERAL BANK,FOR A VARIANCE OF SECTION 34-342,TABLE 4 OF THE CITY'S LAND DEVELOPMENT REGULATIONS, TO ALLOW A MINIMUM MULTI-FAMILY APARTMENT DWELLING UNIT SIZE OF 552 SQUARE FEET, WHERE A MINIMUM MULTI-FAMILY APARTMENT DWELLING UNIT SIZE OF 800 SQUARE FEET IS REQUIRED; TO ALLOW AN AVERAGE MULTI-FAMILY APARTMENT DWELLING UNIT SIZE OF 575 SQUARE FEET, WHERE AN AVERAGE MULTI-FAMILY APARTMENT DWELLING UNIT SIZE OF 950 SQUARE FEET IS REQUIRED, RELATING TO PROPERTY MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO; RELEASING THE DECLARATION OF RESTRICTIVE COVENANTS AS APPROVED BY RESOLUTION NO.2006-27-373-Z-46,RECORDED IN OFFICIAL RECORDS BOOK 24827,PAGE 382 OF THE OFFICIAL RECORDS OF MIAMI DADE COUNTY,FLORIDA;AND APPROVING A NEW DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING Zoning Minutes July 6,2011 Page 3 of 11 ZONING MINUTES - JULY 6, 2011 FOR THE ADOPTION OF REPRESENTATIONS;PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Alan Krischer, 701 Brickell Avenue, Miami, Florida, appeared before the City Council representing the applicant of this request. This application is asking approval to build elderly housing on the southern portion of the Commons' property. The City's professional staff has reviewed the application and is recommending approval subject to a lengthy list of conditions. The applicant has reviewed those conditions and agrees with them. Elderly housing is something the city's Comprehensive Development Master Plan encourages. Elderly housing is a very specialized type of housing,which typically calls for smaller units in recognition of the smaller family size. The City's Code does not have a separate category for elderly housing. The applicant has met with the North County Civic Association to talk about their concerns. One of the issues discussed was the continued improvements in Buccaneer Park, which was initially started with the Commons. That provision is still being retained and will be in the new Covenant. Albert Marrow, 315 South Biscayne Boulevard, Miami, Florida, appeared before the City Council to expound on the components of the project. He made mention of the original site plan and shared,the original proposal utilized the majority of the site and offered very little green space. This particular proposal only uses certain portion of the site. He pointed out that on the west side of this property is all single family homes and the original proposal did not allow a lot of separation between the two. He reiterated there is no provision in the City of Miami Gardens' Land Development Code to specifically address elderly housing, which is way this application is before Council. He pointed out that the amenities, which includes a recreational area for the elderly are being built in the back of the complex. This also provides for a buffer between the single family homes and this complex. There will be two parking areas and three residential area elderly buildings. There will also be a commercial component,as well as 24 apartment units. He said this site plan is more open than the one previously approved. Mayor Gibson opened the floor for this public hearing. Lillie Q.Odom,20520 NW 29th Avenue,Miami Gardens,Florida,appeared before the City Council and shared that this group did meet with the North County Civic Association. However,the Association has a concern with the entrance into the project as well as apartment units. She said the elderly units were mentioned but the other component of this project was not mentioned. She said the North County Civic Association is in favor of the elderly housing units but not the apartment units. She said this group was supposed to come back to the North County Civic Association with a solution to the concerns expressed by the Association prior to coming to the City Council. There being no other interested parties to speak at this time,the public hearing closed. Mr.Marrow reappeared before the City Council to address the concerns raised by Ms.Odom. He said the apartments are going to be 24 apartment units will be for sale. The second part the applicant did inquire with its civil engineer and FDOT because NW 27th Avenue is an FDOT road. Based on conversation with the civil engineer FDOT would not allow an entranceway on NW 27th Avenue (left turn into the development). The current variance only applies to the elderly housing. Zoning Minutes July 6,2011 Page 4 of 11 ZONING MINUTES - JULY 6, 2011 Councilman Gilbert inquired about the original housing proposal and asked about the number of apartment units approved with that application. Mr. Marrow in response to Councilman Gilbert's inquiry said the number is 154. Councilman Gilbert asked what number is the number of housing units this proposal would be increased to. Mr. Marrow in response to Councilman Gilbert's inquiry said that number is 189. Councilman Gilbert expressed concern with the proposed park in the complex. Mr. Marrow in response to Councilman Gilbert's concern said this is not a park or passive park, but of a buffer. Councilman Gilbert expressed concern with the economic down turn as it relates to building the commercial and residential components of this project. He asked whether the developer has contacted any commercial developers about the commercial site. Mr.Marrow said the applicant had not contacted any commercial developers as yet. He said the developer wanted to get through the site plan approval process first. Councilman Gilbert asked whether the developer would mind including in the Declaration of Restrictive Covenant a provision that the apartment units to be purchased must be owner occupied by at least seventy(70%)percent. Mr. Marrow in response to Councilman Gilbert's inquiry said he was not sure that could be done as it is not a part of the resolution on tonight for the Council's consideration. Attorney Krischer appeared before the City Council to further expound on Councilman Gilbert's inquiry. The Covenant is for the entire property therefore it should be possible to add an additional condition to the approval that would reflect Councilman Gilbert's concerns. Attorney Dickens referenced the Declaration of Restrictive Covenant, more particularly Section 19 entitled"Association required", is a list of required conditions. Councilman Gilbert shared that he lives in this area and attends his association meetings on a regular basis. The association has concerns about the park improvements and asked when would those improvements actually be made. Attorney Krischer said the funding for the park improvements will have to be made before the developer can use the property for anything. Councilman Gilbert commented this could take another two years. He asked why this Zoning Minutes July 6,2011 Page 5 of 11 ZONING MINUTES - JULY 6, 2011 condition is based on the CO(Certificate of Occupancy)and not the building permit. Mr. Saiphoo,Zoning Administrator said before a CO is issued and the building is occupied it has to comply with all the conditions. Councilman Gilbert asked how long a building permit can remain open, without building. Mr. Saiphoo in response to Councilman Gilbert's inquiry said approximately six months before it has to be renewed. There is also a provision in the Code that provides that a development has to be under construction within 36 months of pulling the initial building permit, if not the developer would have to come back before the Council for re-consideration. Manager Crew shared the State of Florida superseded local governments and ended everybody's permits that were opened. Councilman Gilbert said he was more inclined to see the commitment to improve Buccaneer Park done sooner rather than later. Attorney Dickens commented if they never pull a building permit you would have the same situation. Councilman David Williams Jr., asked what is the current standard used by other municipalities for elderly housing. Mr. Marrow said the elderly housing standards for this project are HUD standards. In this particular instance,the City of Miami Gardens' Code does not have a provision for elderly housing. Councilman David Williams Jr., asked whether the units would be ADA Compliant. Mr. Marrow in response to Councilman David Williams' inquiry replied yes. Councilman David Williams Jr., asked if this item is approved by the Council and the developer wanted to make changes would that require reconsideration by the Council. He said he would not like to see this item approved for elderly housing and at some point it becomes rental property. Attorney Dickens in response to Councilman David Williams' inquiry said all the conditions are included in the Declaration of Restrictive Covenant,which is treated at a contract and runs with the property. The City could ultimately enforce those provisions.Therefore,if there are any changes to be made after this item is approved it would require a vote of the Council. Manager Crew said he would like to add a condition about the entrance off of 207th Street, which the developer agrees to keep the entranceway in good condition. Zoning Minutes July 6,2011 Page 6 of 11 ZONING MINUTES - JULY 6, 2011 Councilman Andrd Williams inquired about the type of retail that would be recruited for this commercial component and whether it would be pedestrian friendly. Mr.Marrow in response to Councilman Andre Williams' inquiry said the vision is to have a large supermarket (Publix) as well as a large pharmacy (Walgreens) as part of the commercial component. Councilman Andrd Williams asked whether there were any other standards of redevelopment being utilized by other municipalities. Jay Marder, Development Services Director in response to Councilman Andrd Williams' question said there are certain standards outlined in the City's Land Development Code. He opined the Code is working the way it is designed to be. Councilman Andrd Williams emphasized the importance of making this pedestrian friendly for the elderly residents. Cyril Saiphoo,Zoning Administrator shared that the developer is also working on providing transportation for the elderly. He said staff wanted to ensure the amenities are in place before the Certificate of Occupancy is issued. Councilman Andrd Williams asked whether this complex would have a resource center for the elderly. Mr. Marrow said the complex would have a resource center,which would be primarily for the elderly living in the development. Vice Mayor Campbell asked whether Ms. Odom's questions or concerns addressed. Mr. Odom reappeared before the Council in response to Vice Mayor Campbell's inquiry. She said as it relates to the units,those concerns have been addressed. The entrance as it relates to the complex is still questionable. The developer did address the citizens' recommendation of coming in from 203`d Street, which the FDOT would not allow. Councilman Gilbert asked are the units designed for single or double occupancy or are they efficiencies. Mr. Marrow in response to Councilman Gilbert's inquiry said there are 164 one-bedrooms, and 25 two-bedrooms. The elderly housing guideline requires singles or couples. Additional family members are not allowed. In some instances there might be an elderly grandparent raising a grandchild. In that particular case court documentation would be required. Mayor Gibson referenced Section 19,"Association Required"and asked would there be any additional fees involved with this Association. Zoning Minutes July 6,2011 Page 7 of 11 ZONING MINUTES - JULY 6, 2011 Mr. Marrow said this would be an Association that would govern the uses but not an association where the elderly are concerned. Mayor Gibson for clarification purposed asked whether this application included the 24 housing units and commercial component. Attorney Dickens in response to Mayor Gibson's inquiry explained this application is for the elderly housing units. However,the Declaration of Restrictive Covenant is being discussed because it is for the entire project. Mayor Gibson expressed concern as it related to the 24 units and shared that those properties are going to require general maintenance of the common areas. What the City has found is those homeowners do not pay their fair share of maintenance fees therefore the property maintenance is neglected. She said she is very concerned that the city would not have control in maintaining those properties. She asked if there is anything the city can do to ensure that does not happen. Attorney Dickens in response to Mayor Gibson's concern shared that this complex would still have to comply with Code Enforcement requirements. Mr. Marrow said there will be a Master Association that governs the entire complex. Mayor Gibson reiterated that her concern is the 24 property owners and commercial retailers, not the elderly. Manager Crew shared the entranceway will be owned by the Master Association and not the individual property owners. Mr.Marrow said the 24 homeowners will have to pay a small fee to the Master Association. Mayor Gibson asked if there was something the Council can do tonight that would remedy this situation. Attorney Dickens said she did not know of any legal remedy the city would have as it relates to that. The people in the Master Association have a legal remedy for the people that do not pay. She shared that everything outlined in Section 19 of the Declaration of Restrictive Covenant will be covered by the Master Association(roads, sidewalks and lights). Attorney Dickens addressed the amendments requested to the Declaration of Restrictive Covenant: 1) Seventy (70%) percent of the 24 units will be owner occupied; and 2)the applicant agrees that the entrance of 2070' Street be sodden and maintained in a park-like condition until construction of the Development is complete; and 3)that within 14 months of the issuance of the initial building permit for development, applicant shall make a contribution of$200,000.00 to the City of Miami Gardens Special Revenue Fund for the park improvements at Buccaneer Park. Mr. Marrow said the developer can only agree to the first time at this time. As it relates to Zoning Minutes July 6,2011 Page 8 of 11 ZONING MINUTES - JULY 6, 2011 Buccaneer Park,the developer is agreeing to the same dollar amount that was the previous developer agreed upon. Councilman Gilbert said what he finds as unacceptable is that they are going to create an expectation that park improvements will be done. Moreover it's probably going to be years down the road before any of the seniors will see any improvements to the park that they use all the time. Mr. Marrow said the original application called for over 300 units. This proposal is only building 189 elderly units, and 24 owner occupied apartments, which is much less density. Councilman Gilbert opined that is not relevant to these proceedings because there were some issues with the property that this developer knew when he got the property. Manager Crew asked Mr. Marrow how long is construction anticipated to take once the building permit has been issued. Mr. Marrow in response to the City Manager replied, eighteen(18) months. Manager Crew said there is only a two months difference from when the building permit is issued and the payment for the improvements to the park is required(within one year of getting the permit). If that schedule is adhered to within one year of getting the permit, the project would be nearing completion. Councilman Gilbert's stated that is the point; if they actually build. Mr. Marrow asked for clarification purposed asked if the resolution is for the developer to pay$200,000, a year after the building permit has been pulled. Attorney Dickens asked whether Mr. Marrow is agreeable to all three amendments to the Declaration. Mr. Marrow replied that the developer is agreeing to the three conditions. Attorney Andrd Williams asked whether the developer would be amenable to hiring local contractors to work on this project. Mr. Marrow said the developer is working with Community Development to hire locals whenever possible. There being no further discussion,the motion to adopt this item passed and carried by a 7-0 voice vote. RESOLUTION NO. 2011-105-1498-Z-110 10-11) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION Zoning Minutes July 6,2011 Page 9 of 11 ZONING MINUTES - JULY 6, 2011 SUBMITTED BY PUBLIC STORAGE PROPERTIES LIMITED,FOR A VARIANCE OF SECTION 34-677(1)(b)(c) OF THE CITY'S LAND DEVELOPMENT CODE,TO ALLOW A MONUMENT SIGN WITH A SIGN AREA OF 309.5 SQUARE FEET,WHERE A MAXIMUM SIGN AREA OF 150 SQUARE FEET IS ALLOWED, AND TO ALLOW A SIGN HEIGHT OF 25.0 FEET WHERE A MAXIMUM HEIGHT OF 15.0 FEET IS ALLOWED;A VARIANCE OF SECTION 34-657(f)TO ALLOW A MONUMENT SIGN TO BE SPACED 9.1 FEET FROM A BUILDING, WHERE A MINIMUM SPACING OF 10.0 FEET IS REQUIRED, FOR PROPERTY LOCATED AT 15760 N.W. 27TH AVENUE MORE PARTICULARLY DESCRIBED ON EXHIBIT"A" ATTACHED HERETO; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Ms.Lisa Johnson, 130 Commerce Road,Boynton Beach,FL,appeared before the City Council as representative for the applicant. She indicated this application is requesting two variances for a monument sign: 1)Variance to allow a monument sign with a sign area of 309.5 square feet where a maximum sign area of 150 square feet is allowed;and a height of 25.0 feet where a maximum height of 15.0 is allowed; 2) variance to allow a monument sign spaced 9.1 feet from a building where a minimum spacing of 10.0 feet is required. Vice Mayor Campbell opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item,the public hearing closed. Motion offered by Councilman Gilbert,seconded by Councilwoman Davis to adopt this item. Councilman Gilbert asked staff to expound on this item. Mr. Saiphoo said the applicant's request is for a 25 foot high Monument sign. Staff is recommending that the monument sign be 20 feet instead of the 25 feet. Staff feels the 20 feet allows for visibility. Councilman Gilbert asked for clarification as to why variances are being requested and whether this particular case is different from others. Mr. Saiphoo explained when an application is submitted it is evaluated as to whether it complies with the Sign Code. The actual location for this particular sign application is very limited. Ms.Johnson stated that the current signage is not sufficient and cannot been adequately seen from the Palmetto Expressway. Mayor Gibson for clarification purposes said under the current code provision the monument sign the applicant is requesting would place that sign between the two buildings. Zoning Minutes July 6,2011 Page 10 of 11 ZONING MINUTES - JULY 6, 2011 Mr. Saiphoo also shared that staff is working with this applicant to complete its Landscape Plan. It is anticipated that 15 foot Royal Palms will be planted.It is anticipated those Royal Palms will grow to 25 feet. He opined the actual lower sign may be at a benefit because you would be able to see it. Manager Crew clarified what is being requested is that the signage will be along the roof line. Councilman Gilbert stated this applicant is applying for variances from the City's Code. He stated that the alleged hardship was not deliberately created. He said this is not saying the Council is going to deviate from its sign code anytime someone does not like a provision. Vice Mayor Campbell said he was in favor of stars recommendation of allowing the monument sign at a height of 20 feet,with the conditions as outlined by staff,with the exception of the landscape. Ms.Johnson asked whether the second recommendation could be change to allow a maximum height for the landscape trees at 20 feet. Attorney Dickens opined that it is inappropriate at this point because the Landscape Plan has not been submitted. The only issues before this Council tonight are the two variances. Councilman Gilbert opined that if the timing is not right to discuss the landscape provision, then Condition#2 should not be in the recommendation. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to amend the resolution to allow the monument sign at 20 feet and that Condition #2 be deleted. There being no further discussion on the amendment,the motion to amend passed and carried by a 7-0 voice vote. At the conclusion of this discussion,the motion to adopt this item passed and carried by a 7-0 voice vote. 11. CITY MANAGER'S REPORT None. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made the meeting adjourned at 9:25 p.m. l AShirley G' so , May R netts Taylor, MMIV, City Clerk Zoning Minutes July 6,2011 Page 11 of 11