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09.07.2011 ZONING MINUTES - SEPTEMBER 7, 2011 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES SEPTEMBER 7, 2011 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council sitting as the Zoning Board met in regular session on Wednesday, September 7, 2011, beginning at 7:08 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., 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, City Clerk Ronetta Taylor, Assistant City Manager/Development Services Director Daniel Rosemond, Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo. 2. INVOCATION: Invocation delivered by Councilman Gilbert. 3. PLEDGE OF ALLEGIANCE: Pledge of Allegiance recited in unison. 4. APPROVAL OF MINUTES: 4-A) Regular Zoning Minutes—July 6,2011 Motion offered by Councilman Gilbert, seconded by Vice Mayor Campbell to adopt the minutes,with necessary corrections, if any. This motion passed and carried by a unanimous voice vote. The City Clerk swore in all individuals participating in this Quasi-Judicial Proceedings. Cyril Saiphoo, Zoning Administrator read into the record the process used for this Quasi- Judicial Proceeding. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)BUSINESS(Items shall be putted from the Consent Agenda at this time): 6. PRESENTATION(S): None Zoning Minutes September 7,2011 Page I of 5 ZONING MINUTES - SEPTEMBER 7, 2011 7. CONSENT AGENDA: RESOLUTION NO. 2011-133-1526-Z-111 7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO TAKE NECESSARY AND APPROPRIATE STEPS TO RESCIND THE DOLPHIN CENTER SOUTH DRI DEVELOPMENT ORDER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Manager Crew explained this item is being brought before the Council due the recent change in the State Law. Motion offered by Councilman Gilbert,seconded by Councilwoman Davis to adopt this item. There being no discussion,this motion passed and carried by a unanimous voice vote. 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S): 8-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, IMPLEMENTING THE CITY'S "GREEN CODE" AMENDMENT TO THE LAND DEVELOPMENT REGULATIONS; AMENDING SECTION 34-376, RELATING TO SUPPLEMENTAL PARKING; AMENDING SECTION 34-414 RELATING TO DESIGN STANDARDS FOR MULTI-FAMILY DISTRICTS;AMENDING SECTION 34415 RELATING TO DESIGN STANDARDS FOR PLANNED CORRIDOR DISTRICTS AND NEIGHBORHOOD COMMERCIAL DISTRICTS; AMENDING SECTION 34-445 RELATING TO LANDSCAPE BUFFERS, AMENDING SECTION 34-531; AMENDING SECTION 34-532 RELATING TO EXPEDITED PERMITS;AMENDING SECTION 34- 534 RELATING TO THE SUSTAINABLE DEVELOPMENT INCENTIVE BONUS; AMENDED SECTION 34-591 RELATING TO MIX-USE REGULATIONS; AMENDING SECTION 34-592 RELATING TO MINIMAL DWELLING AREA REQUIREMENTS; 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 THE CITY MANAGER) Jay Marder, Development Services Director explained this is a part of the City's Energy Efficient Program. Zoning Minutes September 7,2011 Page 2 of 5 ZONING MINUTES - SEPTEMBER 7, 2011 Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Motion offered by Councilman Gilbert,seconded y Councilwoman Davis to adopt this item on first reading. Councilman Gilbert asked about the compensation for people who are building. Mr. Marder said there would be no compensation. He said it would be up to the builder if a greener look was desired, and wanted to implement that. Mayor Gibson said she did not know what would happen in the future with reference to the whole commitment to the energy efficiency along with the lines with the federal government. This may require the City to do to something to further its process as this initiative moves forward. She said the Council can always come back and add something to its provision. Daniel Rosemond,Assistant City Manager appeared before the City Council and shared staff would be developing a program that would provide an incentive for those businesses complying. That program would utilize funds the city received from the"Dollar House"to pay for their Business Tax Receipts for the following year. Several businesses have actually used some of the other energy efficiency dollars for air conditioning and window treatments. Mayor Gibson commented, so this is an additional incentive to help them save. Mr. Rosemond in response to Mayor Gibson's comment stated, "Right." Mayor Gibson asked whether the city has a working relationship with Florida Power and Light, which has initiated a very active energy efficient program. Mr. Rosemond said the city ended up using a separate entity to do the assessment. When FP&L performs this service there is a very long wait time. Therefore,it did not make practical sense due the city having a time sensitivity issue to use the dollars. There being no further discussion on this item,the motion to approve on first reading passed and carried by a 7-0 vote. Councilwoman Lisa Davis: Yes Councilman Oliver G. Gilbert III: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Yes Vice Mayor Aaron Campbell Jr. Yes Mayor Shirley Gibson: Yes Zoning Minutes September 7,2011 Page 3 of 5 ZONING MINUTES - SEPTEMBER 7, 2011 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S): None 10. RESOLUTION(S)/PUBLIC HEARING(S): None 11. CITY MANAGER'S REPORT 11-A) Historic Preservation Update Jay Marder,Development Services Director reported the city was very successful in getting its first Historical Preservation Designation(the"Arch")in the City. The next projects include the Enrico Farmhouse on NW 12''Avenue,located on the former Miami Archdiocese Property at 183`d Street and NW 12th Avenue. Interviews are currently underway. Manager Crew shared that the Enrico Farmhouse is still an active dairy in Deerfield Beach, Florida. Councilman Andre Williams asked for the official name of the"Arch"in the industrial park. Mr.Marder in response to Councilman Andre Williams' inquiry said it is the Sunshine State International Park"Arch of Industry". Mayor Gibson asked Attorney Dickens if she is able to give a report with regard to the 1 area relative to the"Arch of Industry", as it relates to the borders. Attorney Dickens shared that the property owner is still interested in conveying that property to the city. Mr. Marder said he was not sure where the appraisal process was. He shared that the property owner said it was expensive to get someone qualified to appraise a historic landmark. The city is are also working with Miami-Dade County to get the "Arch of Industry" designated as a National Historic Site. Mayor Gibson asked whether there is something the Council can do to assist with getting the appraisal done. Manager Crew in response to Mayor Gibson's comment shared the City has the funds to do that if the property owner would donate the property. 11-B) Sign Code Compliance Update. Mr. Marder reported that approximately twenty(20%)that have submitted,which is to say that approximately eighty (80%) have not submitted. Staff is working with the city's Code Compliance Division to come with a strategy by which to address this matter.The businesses had a certain time period in which to provide the city with their"Sign Plan". The businesses have a five Zoning Minutes September 7,2011 Page 4 of 5 ZONING MINUTES - SEPTEMBER 7, 2011 year window in which to implement the plan. However,those plans need to be in the city's system. As of February 2011, businesses had to provide the city with an approved sign plan. Mayor Gibson suggested getting this message out through meetings with the Greater Miami Chamber of Commerce. Councilman Gilbert opined staff might want to look at getting a sign plan into the system rather than just getting an approved signed plan into the system. He said you might want to look at this through the Business Tax Receipt process. Businesses come in every year to get their Business Tax Receipt. Attorney Dickens in response to Councilman Gilbert's comments said as far as the Business Tax there isn't anything the city can do with that. But the city also issues a Certificate of Use. Councilman Gilbert stressed the importance of making it as easy as possible for businesses to come into compliance. Mr. Rosemond said staff will be strategizing and will keep the Council inform as to the approach to be taken in this campaign. He shared that prior to February 2011 a property owner could have brought in a sign plan that might not have been approved. After February 2011,an approved sign plan is required. Mayor Gibson commented if someone brought in a sign plan that has not been approved the city will accept it to get it into the system. Mr. Marder in response to Mayor Gibson's comment said that is correct. Mr. Saiphoo pointed out that it is not the business owner that has to come into compliance, it is the property owner. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made and seconded the meeting adjourned at 7:35 p.m. Approved rley bibson, Mayor Ronetta Taylor, MMIffl City Clerk Zoning Minutes September 7,2011 Page 5 of 5