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10.05.2011 ZONING MINUTES - OCTOBERS, 2011 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES OCTOBER 5, 2011 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council for the City of Miami Gardens,sitting as the Zoning Board,met in regular session, Wednesday,October 5,2011,beginning at 7:05 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,and Oliver G.Gilbert III. Councilman David Williams Jr.,was not present due to a work related scheduling conflict. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to excuse Councilman David Williams Jr.'s absence. This motion passed and carried by a unanimous voice vote. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Dickens,Deputy City Clerk Mario Bataille,sitting in for City Clerk Ronetta Taylor who was not present due to illness,Assistant City Manager/Community Development Director Daniel Rosemond, Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo. 2. INVOCATION: Councilman Gilbert delivered the Invocation. 3. PLEDGE OF ALLEGIANCE: Recited in unison. 4. APPROVAL OF MINUTES: 4-A) Regular Zoning Minutes—September 7, 2011 Motion offered by Vice Mayor Campbell, seconded by Councilwoman Davis,to adopt the minutes, with necessary corrections, if any. This motion passed and carried by a unanimous voice vote. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)BUSINESS(Mems shall be putted from the Consent Agenda at this time): Motion offered by Councilwoman Davis,seconded by Councilwoman Robinson to accept the Official Agenda. This motion passed and carried by a unanimous voice vote. All participating in the Quasi-Judicial Proceedings were sworn in by the Deputy City Clerk. Cyril Saiphoo, Zoning Administrator explained the process used for this Quasi-Judicial Proceeding. 6. PRESENTATION(S): None Zoning Minutes October 5,2011 Page 1 of 7 ZONING MINUTES - OCTOBER 5, 2011 7. CONSENT AGENDA: RESOLUTION NO. 2011-168-1561-Z-112 7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,EXPRESSING SUPPORT FOR THE EXPANSION OF THE BOUNDARIES OF THE MAJORCA ISLES COMMUNITY DEVELOPMENT DISTRICT BY THE MIAMI-DADE COUNTY COMMISSION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilwoman Robinson, seconded by Councilwoman Davis to adopt the Consent Agenda. 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,AMENDING SECTION 34-13 OF THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRS) TO ESTABLISH THE TOWNE CENTER OVERLAY DISTRICT; AMENDING SECTION 34-14 OF THE LDRS TO ESTABLISH THE PURPOSE AND INTENT OF THE TOWNE CENTER OVERLAY DISTRICT;AMENDING SECTION 34-17 OF THE LDRS TO AMEND THE OFFICIAL ZONING MAP TO DEPICT THE TOWNE CENTER OVERLAY DISTRICT;AMENDING SECTION 34-287 OF THE LDRS TO INCORPORATE THE TOWNE CENTER OVERLAY PERMITTED USE LIST;AMENDING SECTION 34-288(32)OF THE LDRS TO ADD REGULATIONS FOR PLACES OF PUBLIC ASSEMBLY IN THE TOWNE CENTER OVERLAY DISTRICT;AND AMENDING SECTION 34-474 OF THE LDRS TO INCLUDE REGULATIONS RELATING TO THE MIAMI GARDENS TOWNE CENTER MASTER PLAN; 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) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing was closed. Motion offered by Vice Mayor Campbell, seconded by Councilwoman Davis to adopt this item on first reading. Zoning Minutes October 5,2011 Page 2 of 7 ZONING MINUTES - OCTOBER 5, 2011 There being no discussion on the item,the motion to adopt on first reading passed and carried by a 6-0 vote. Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Not present Vice Mayor Aaron Campbell Jr.: Yes Mayor Shirley Gibson: Yes 8-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, REZONING THOSE CERTAIN PROPERTIES DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FROM PLANNED CORRIDOR DEVELOPMENT ZONING DISTRICT ("PCD") TO R-1 SINGLE FAMILY RESIDENTIAL; 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) 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 by Councilwoman Robinson to adopt this item on first reading. There being no discussion on this item, the motion to adopt on first reading passed and carried by a 6-0 vote. Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Not present Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Mayor Shirley Gibson: Yes 8-C) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY THE CITY OF MIAMI GARDENS, FOR THE REZONING OF THE PROPERTY LOCATED AT 2245 BUNCHE PARK DRIVE AND 15620 W. BUNCHE PARK DRIVE MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A",ATTACHED HERETO,FROM R-1,SINGLE FAMILY Zoning Minutes October 5,2011 Page 3 of 7 ZONING MINUTES - OCTOBERS, 2011 RESIDENTIAL AND GOVERNMENT PROPERTY TO NEIGHBORHOOD COMMERCIAL;PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT;PROVIDING A SEVERABILITY CLAUSE;PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. David Frost,2 South Biscayne Boulevard,Miami,Florida,appeared before the City Council as representative for Love Fellowship Ministries,to answer any questions. A representative from Love Fellowship Ministries appeared before the City Council to expound on the incorporation of history of Love Fellowship Ministries. He solicited the Council's approval of this rezoning. After there were no other interested parties to speak on this item,the public hearing closed. Motion offered by Councilman Gilbert,seconded by Councilwoman Davis to adopt this item on first reading. Manager Crew said this rezoning would allow Love Fellowship Ministries to use this property as a church. Currently it is zoned for government use. Manager Crew said an amendment was needed to remove the single family house from this rezoning. Motion offered by Councilman Gilbert,seconded by Councilwoman Robinson to amend the ordinance to remove any reference to the single family property from this ordinance. There being no discussion on this amendment the motion to approve this amendment passed and carried by a unanimous voice vote. At the conclusion of this discussion,the motion to adopt on first reading passed and carried by a 6-0 vote. Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Councilman David Williams Jr.: Not present Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert: Yes Mayor Shirley Gibson: Yes 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S): ORDINANCE NO. 2011-21-263 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF Zoning Minutes October 5,2011 Page 4 of 7 ZONING MINUTES - OCTOBER 5, 2011 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) (1ST Reading—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 Councilwoman Davis,seconded by Councilman Andre Williams to adopt this item on second reading. There being no discussion,the motion to adopt passed and carried by a 6-0 vote. Councilman Andre Williams: Yes Councilman David Williams Jr.: Not present Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Mayor Shirley Gibson: Yes ORDINANCE NO. 2011-22-164 9-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,AMENDING SECTION 30-6 OF THE CITY'S CODE OF ORDINANCES RELATING TO FLOODS; AMENDING SECTION 30-16 ENTITLED "PROHIBITIONS"; AMENDING SECTION 30-36 ENTITLED"PERMIT PROCEDURES"; AMENDING SECTION 30-86 ENTITLED "SAME-DUTIES"; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; Zoning Minutes October 5,2011 Page 5 of 7 ZONING MINUTES - OCTOBER 5, 2011 REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE;PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER)(1st Reading—July 6,2011) 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 by Councilwoman Robinson to adopt this item on second reading. At the conclusion of this discussion,the motion to adopt passed and carried by a 6-0 vote. Councilman David Williams Jr.: Not present Vice Mayor Aaron Campbell Jr.: Yes Councilwoman Lisa C. Davis: Yes Councilman Oliver G. Gilbert: Yes Councilwoman Felicia Robinson: Yes Councilman Andre Williams: Yes Mayor Shirley Gibson: Yes 10. RESOLUTION(S)MUBLIC HEARING(S): RESOLUTION NO.2011-169-1562-Z-113 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY WARREN HENRY AUTOMOBILES, INC., TO WAIVE SECTION 34-567(2) OF THE CITY'S LAND DEVELOPMENT REGULATIONS ("LDRS") RELATING TO MONUMENT SIGN STANDARDS TO ALLOW TWO(2)EXISTING FREESTANDING SIGNS TO REMAIN AS POLE SIGNS; REQUESTING A VARIANCE OF SECTION 34-667(1)OF THE LDRS TO ALLOW THREE (3) FREESTANDING SIGNS WHERE ONE (1) FREE STANDING MONUMENT SIGN IS PERMITTED; REQUESTING A VARIANCE OF SECTION 34-667(1)OF THE LDRS TO ALLOW A JAGUAR SIGN TO BE 300 SQUARE FEET OF SIGN AREA WHERE A MAXIMUM OF 150 SQUARE FEET IS PERMITTED AND TO ALLOW A HEIGHT OF 30 FEET WHERE 15 FEET MAXIMUM HEIGHT IS PERMITTED;TO WAIVE SECTION 34-670(2)(t) TO ALLOW AN ANIMATED JAGUAR CHARACTER WHERE ANIMATED CHARACTERS ARE PROHIBITED; REQUESTING A VARIANCE OF SECTION 34-667(1)TO ALLOW A VOLVO SIGN OF 226 SQUARE FEET OF SIGN AREA WHERE A MAXIMUM OF 150 SQUARE FEET IS PERMITTED AND TO HAVE A HEIGHT OF 22 FEET WHERE 15 FEET MAXIMUM HEIGHT IS Zoning Minutes October 5,2011 Page 6 of 7 ZONING MINUTES - OCTOBER 5, 2011 PERMITTED, FOR PROPERTY LOCATED AT 20800 NW 2ND AVENUE,MORE PARTICULARLY DESCRIBED ON EXHIBIT"A" ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. Warren Henry Zinn,20895 NE 31 st Place/20800 NW 2nd Avenue,Miami Gardens,Florida,appeared before the City Council to expound on this application. Mayor Gibson asked whether Mr. Zinn was in agreement with staff s recommendations. Mr.Zinn in response to Mayor Gibson's inquiry replied,"Yes." There being no other interested parties to speak on this item,the public hearing closed. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this item. Motion offered by Councilman Gilbert,seconded by Councilwoman Robinson to include staff's recommendation as outlined on page 171 of the official agenda. There being no discussion on the amendment,the motion passed and carried by a unanimous voice vote. There being no further discussion on the ordinance as a whole,the motion to adopt passed and carried by a 6-0 unanimous voice vote. 11. CITY MANAGER'S REPORT None Mayor Gibson announced that the ribbon cutting for the Amphitheater at the Betty T. Ferguson Recreational Complex will take place, Friday, October 7, 2011. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made and seconded this meeting adjourned at 7:38 p.m. Attest: Sh' ey ibs n, Mayor onetta Taylor, NAC, City Clerk Zoning Minutes October 5,2011 Page 7 of 7