Loading...
01.06.2010 zoning meetings ZONING MINUTES - JANUARY 6 2010 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES JANUARY 6, 2010 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City of Miami Gardens Council sitting as the Zoning Board,met in regular session on Wednesday,January 6,2010,beginning at 7:07 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 Oliver G.Gilbert III,and Council members Aaron Campbell Jr.,Barbara Watson,Melvin L. Bratton,Andrd Williams and Sharon Pritchett. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Dickens, 2. INVOCATION: Vice Mayor Gilbert delivered the Invocation. 3. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance were recited in unison. 4. APPROVAL OF MINUTES: 4-A) Zoning Meeting Minutes—November 4,2009 Motion offered by Vice Mayor Gilbert, seconded by Councilman Campbell to approve the minutes,with necessary corrections, if any. This motion passed and carried by a 7-0 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 Vice Mayor Gilbert, seconded by Councilwoman Watson to approve the official agenda as presented. This motion passed and carried by a 7-0 voice vote. 6. PRESENTATIONS) Ivan Rodriguez, a representative of Miami-Dade Public Schools appeared before the City Council to expound on the proposed amendments to the Consensus Interlocal Agreement between municipalities and the Public School System. Historical Perspective: The School Board approved the "Consensus"Interlocal Agreement,November 2007. The City of Miami Gardens adopted the Consensus Interlocal Agreement,December 2007. April 2009,the School Board and Miami-Dade County agreed to a separate Interlocal Agreements also known as Bi-lateral Interlocal Agreement. October 2009 a staff working group recommended a process for presenting amendments for consideration by local governments. To date, twenty-five (25) governments have adopted "Consensus"Interlocal Agreements and three(3)have adopted the"Bi-lateral"Interlocal Agreement. There are two types of amendments 1)Non-optional Amendment,which means municipalities have no option, and must consider the amendment, and 2) Optional amendments, which means municipalities have an option of accepting one or more of the amendments. Zoning Minutes January 6,2010 Page 1 of 8 ZONING MINUTES - JANUARY 6 2010 Mr. Rodriguez expounded on the Non-optional Amendment to the"Consensus"Interlocal Agreement,which requires substituting the current requirement for a unanimous vote on all future Interlocal Agreements with only 2/3 vote. If any of the twenty-five(25) local governments oppose this amendment,it will not pass. In terms of the Optional Amendment,for example Amendment No. 1 relates to Section 9.2(a) Capacity Methodology and Formula for Availability. The amendment would include assessing the effects of geographic areas within one year,particularly as it relates to residential development. He said even if the City decides not to adopt this particular amendment,the issue would be assessed. Amendment No.2 amends Section 9.2(b)Level of Service Standard. The amendment would include submitting a Level of Service Annual Report by September 30 of each year;Amendment No.3 amends Section 9.2(c)Concurrency Service Areas.The amendment includes amendments to the Concurrency Service Area to be accomplished in accordance with amendment provisions; Amendment No. 4 amends Section 9.2(d) Student Generation Multipliers. This amendment defines process for developing Student Generation Multipliers; and would remove requirement for adoption into the CDMP. Amendment No. 5 amends Section 9.2(f)Proportionate Share Mitigation. The amendment would: a)Reiterate that proportionate share mitigation must be approved by the School Board; b) adds Charter Schools as mitigation option No. 6 (option to be exercised at the sole discretion of the School Board;c)Adds process for accepting mitigation in the form of money,under certain conditions,in the event there is lack of agreement on option to be used for mitigation. Mayor Gibson asked for clarification about the designation of the Charter Schools and whether that process is approved by Miami-Dade Public Schools. Mr. Rodriguez in response to Mayor Gibson's comment said that is generally correct. Mayor Gibson expounded by stating that Miami-Dade Public Schools has made numerous Charter School designations within this area. Furthermore,Miami-Dade Public Schools was using those Charter Schools for mitigation purposes even though Miami-Dade Public Schools was not building those schools. Mr. Rodriguez stated in response to Mayor Gibson's comment said Miami-Dade Public School for mitigation purposes has never accepted Charter Schools as part of that process for residential development purposes. However,Charter Schools are counted as part of the Concurrency System. Councilwoman Pritchett said the Charter Schools are not being identified as those owned by private entities or Miami-Dade County. Mr. Rodriguez said the agreement requires that a criteria be set up. That has not taken place as yet. That criteria would be established in a public setting. Vice Mayor Gilbert said he did not feel comfortable in voting for something prior to it being created. He suggested having the municipalities vote on a proposed criteria that would then be approved by Miami-Dade County rather than giving the approval to Miami-Dade County to establish Zoning Minutes January 6,2010 Page 2 of 8 ZONING MINUTES - JANUARY 6 2010 the criteria. Councilwoman Pritchett said at this point the City Council did not know if this criteria would be beneficial to the City. She also concurred with Vice Mayor Gilbert's comments. Councilwoman Watson made reference to the impact fees as it relates to mitigation, and asked Mr. Rodriguez to expound on that issue. Mr.Rodriguez said by law,the only way impact fees would be credited with Concurrency is when a developer mitigates. For example if an impact fee is $100,000, and the mitigation is for $500,000,that developer would only have to pay$400,000,which means the impact fee would be credited. Mr. Rodriguez further explained that Amendment No. 6 amends Section 9.3 Updates to Public School Concurrency. The amendment amends paragraph two and events 1, 3 and 4, for amending the District Facilities Work Program. Also adds language that explains the actions to be taken when the School Board closes an existing school,or delete,modify,or delay a school facility project planned in the first three years of the Work Plan. Amendment No. 7 amends Section 22 Taking and Vested Rights. This amendment adds new section that reinforces the fact that nothing in the Interlocal Agreement shall be construed or applied to effect a permanent or temporary taking of private property in violation of the U.S. Constitution or Florida Constitution. This ensures that the vested rights of the property owner are secure. Mr. Rodriguez said these amendments will be officially submitted to the Council via mail. The Council will have sixty(60) days to take action, once this information has been submitted. Attorney Dickens clarified that the Non-optional amendment has to be approved by all of the municipalities before the optional amendments are considered. Mayor Gibson suggested having a School Board attorney come before this Council to explain the amendments. She expressed concern that this matter will before the Council in two parts. Since the Council will not get both parts together it will not have enough information to make a decision. She said the documentation should come all at once. This would provide the Council will all of the information at the same time. Mr.Rodriguez said he would take back the Council's concerns and perspective on this matter to the School Board Attorney. 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,ADOPTING AN AMENDMENT TO Zoning Minutes January 6,2010 Page 3 of 8 ZONING MINUTES - JANUARY 6 2010 THE CITY OF MIAMI GARDENS' COMPREHENSIVE DEVELOPMENT MASTER PLAN TO PROVIDE FOR THE NECESSARY ANNUAL UPDATE TO THE CAPITAL IMPROVEMENTS ELEMENT AND CAPITAL IMPROVEMENTS SCHEDULE; PROVIDING FOR THE. ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Bhairvi Pandya, Senior Planner with the City of Miami Gardens Development Services Department appeared before the City Council to expound on this item. She explained this is the required annual update to the Capital Improvements Element and Capital Improvement Schedule. 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 Watson,seconded by Councilman Campbell 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 7-0 vote. Councilman Bratton: Yes Councilman Campbell: Yes Vice Mayor Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Mayor Gibson: Yes 8-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING THE CITY'S LAND DEVELOPMENT REGULATIONS, ATTACHED HERETO AS EXHIBIT "A;" PROVIDING FOR GENERAL PROVISIONS; PROVIDING FOR ADMINISTRATION; PROVIDING FOR CONCURRENCY MANAGEMENT AND IMPACT FEES; PROVIDING FOR ALCOHOLIC BEVERAGE REGULATIONS; PROVIDING FOR HOUSING REGULATIONS; PROVIDING FOR FLOODPLAIN MANAGEMENT REGULATIONS;PROVIDING FOR SUBDIVISION AND PLAT REGULATIONS; PROVIDING FOR PERMITTED USES; PROVIDING FOR DEVELOPMENT STANDARDS;PROVIDING FOR ACCESSORY USES;PROVIDING FOR OFF-STREET PARKING AND VEHICULAR CIRCULATION STANDARDS; PROVIDING FOR DESIGN STANDARDS; PROVIDING FOR LANDSCAPE AND BUFFERING STANDARDS; PROVIDING FOR SIGNAGE REGULATIONS; PROVIDING FOR Zoning Minutes January 6,2010 Page 4 of 8 ZONING MINUTES - JANUARY 6 ` 2010 CERTAIN DISTRICTS; PROVIDING FOR DEFINITIONS; PROVIDING FOR MASTER USE LIST AND MASTER USE DEFINITIONS; PROVIDING FOR OFFICIAL ZONING MAP, ATTACHED HERETO AS EXHIBIT "B;" 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) Motion offered by Vice Mayor Gilbert, seconded by Councilwoman Watson to adopt this item on first reading. Daniel Rosemond, Assistant City Manager/Community Development Director appeared before the City Council to expound on this item. He said this document is intended to serve as the mechanism to stimulate the economic development and redevelopment in the City of Miami Gardens. Since its incorporation,the City has been operating under Miami- Dade County's Zoning Code. Cyril Saiphoo,Zoning Administrator appeared before the City Council to further expound on this item. He recounted how this process initially started with the assembling of various documents from many sources. There have been several workshops with Council as well as with the Technical Advisory Group with regard to this item. There have also been numerous workshops with the various City departments. The key changes, which differ from Miami-Dade County's Code are: Taken the 26 zoning districts and compressed to 11. The zoning districts have been placed in the new zoning map. There are no encroaching in the residential areas. There are a lot of graphics and illustrations throughout the Code. A beverage use/alcohol section was created,in terms of banquet halls, nightclubs, strip clubs, dinner clubs, etc. An element on housing was created, which establishes the City's Housing policies. The Code also addresses the Design Standards.Landscaping and buffering was another issue addressed in this Code. Another element is the Planned Corridor, which is a major commercial and mixed use district, which is consistent with the City's Comprehensive Master Plan. Other significant changes are notice requirements(mail notice,legal ad and noticing the property). Vice Mayor Gilbert inquired about the current advertisement requirement. Mr.Saiphoo said currently the City has five advertisement requirements,which it utilizes. A preliminary notice,which has no date specific and layman Ad,which is also a general ad have been eliminated. Vice Mayor Gilbert voiced concern with providing the residents with less notice. Mayor Gibson with regard to Vice Mayor Gilbert's concern asked whether any pertinent information was taken away with the elimination of the two general notices. Zoning Nl;nuces January 6,2010 Page 5 of 8 ZONING MINUTES - JANUARY 6 2010 Mr. Saiphoo said none of that information was eliminated. Mr. Rosemond said no pertinent information was eliminated. He shared when someone receives an ad that has no specific information that person is more likely to dismiss that ad. This amendment would provide specific notice with specific information. Mr. Saiphoo said the City is currently exceeding the state requirements. Councilwoman Watson suggested different advertisement requirement for the different type of application being submitted. Vice Mayor Gilbert said he did not want to the same situation as with the advertisement with the cell phone tower. Mr.Rosemond said many of those individuals involved with the cell phone tower issues had to do with individuals who were not in the advertisement/notice radius. Therefore,they would not have received the notice anyway. Councilman Bratton suggested sending out the information in a postcard format. Mayor Gibson expressed concern with the cost associated with residents going through this process. Councilman Campbell said he was more concern with the cost associated with residential applications. Vice Mayor Gilbert suggested having different requirements for commercial and residential. Attorney Dickens in response to Vice Mayor Gilbert said the City can certainly have different requirements for commercial and residential applications. She suggested not including the radius for residential applications. Mayor Gibson placed emphasis on the importance of continuing to build relationship with the corporate and commercial developments. Councilwoman Watson said consideration should be given to establishing categories of notification. Manager Crew said there is more of a financial impact on rezoning than on a special exception. Jeff Katims, the Mellgren Planning Group appeared before the City Council to further expound on the City Land Development Regulations. This consultant group was responsible for the Planned Corridor District as well as the Design Standards. Pedestrian friendly,wide-sidewalks,open spaces and landscape buffer requirements are key elements of the Planned Corridor District(PCD). Zoning Minutes January 6,2010 Page 6 of 8 ZONING MINUTES - JANUARY 6 2010 The Design Standards mainly applies to multi-family development,redevelopment,and commercial. It addresses situations like the Big Box Storage, WalMarts,using windows to make the building a little more inviting. It also addresses facades, which adds a few exceptions for quality. He shared that he has personally worked on five Land Development Codes. Two of those codes were for newly incorporated municipalities. He said it is difficult to adapt a county code to a municipality because municipalities do want to do some things differently. Councilwoman Pritchett said this is the first reading of this item,and tonight there have been a lot of discussions, good ideas, and suggestions. She asked would staff have enough time to incorporate those ideas and suggestions for the second reading. Attorney Dickens said those ideas and suggestions can be incorporated. Mayor Gibson made reference to landscaping and buffering and having Royal Palms on all major corridors. Mr. Saiphoo said the City's Comprehensive Master Plan actually identifies all of the major corridors. Mayor Gibson said that Royal Palms do not generate canopy or provide shade on those major arterial roads. She said the City is still trying to build tree canopy. Mr. Katims said in commercial corridor shade and visibility is essential. In the residential corridors fruit trees would be more acceptable. Councilman Campbell said as it relate to tree canopy and the hurricane season. There is always a danger of having trees all over the roadways after a major hurricane. Mayor Gibson said a factor in maintaining tree canopy is a directly associated with tree maintenance. Vice Mayor Gilbert asked whether mobile car wash establishments were addressed. Mr. Saiphoo said that matter is addressed. There being no further discussion,the motion to adopt on first reading passed and carried by a 7-0 vote. Councilman Campbell: Yes Vice Mayor Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes Zoning Minutes January 6,2010 Page 7 of 8 ZONING MINUTES - JANUARY 612010 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) None 10. RESOLUTION(S)/PUBLIC HEARING(S) None 11. CITY MANAGER'S REPORT 11-A) Monthly Status Report 12. ADJOURNMENT There being no further discussion to come before this Body,the meeting adjourned at 9:00 p.m. Signed Shirley Gibson Shirley Gibson, Mayor Attest: Signed Ronetta Taylor Ronetta Taylor, MMC, City Clerk State of Florida County of Miami-Dade CERTIFICATION 1, the undersigned. duly appointed City Clerk of the City of Miami Gardens, Florida, hereby certify that the attached is a true and correct copy of t 2 A i G ao t O Mtt.�tr as shown in the records of the city on file in the office of the city clerk. Witness, my hand and the corporate seal of the,City of Miami_Gardens, Florida,this day of,Y3 .__ Chy Clerk Cky of Mittal QI&W now Zoning Minutes January 6,2010 Page 8 of 8