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02.03.2010 Zoning Meetings _ ZONING MINUTES - FEBRUARY 2010 CITY OF MIAMI GARDENS ZONING MINUTES FEBRUARY 3, 2010 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council sitting as the Zoning Board for the City of Miami Gardens,Florida,met in regular session on Wednesday, February 3, 2010, beginning at 7:05 p.m., in the City Council Chambers, 1515 NW 167 ' Street, Bldg. 5, Suite 200, Miami Gardens, Florida. The following members of the City Council were present: Mayor Shirley Gibson, Vice Mayor Oliver G. Gilbert, Councilman Aaron Campbell Jr., Councilwoman Barbara Watson, Councilman Andrd Williams,and Councilwoman Sharon Pritchett. Councilman Melvin L.Bratton arrived at 7:08 p.m. Also in attendance were: City Manager Dr.Danny O.Crew,Assistant City Attorney Monica Barnes sitting in for City Attorney Sonja K. Dickens and City Clerk Ronetta Taylor. 2. INVOCATION: Invocation delivered by Vice Mayor Campbell. 3. PLEDGE OF ALLEGIANCE: Pledge of Allegiance recited in unison. 4. APPROVAL OF MINUTES: 4-A) LPA Minutes—February 3,2010 Motion offered by Councilwoman Watson,seconded by Vice Mayor Gilbert to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. 4-B) Zoning Minutes—January 6, 2010 Motion offered by Vice Mayor Gilbert, seconded by Councilman Bratton to approve the minutes,with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. 5. AGENDA ORDER I 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 Councilman Bratton to approve the official agenda, as presented. This motion passed and carried by a 7-0 voice vote. 6. PRESENTATION(S) Miami Dade Seheel Board 7. CONSENT AGENDA None Zoning Minutes February 3,2010 Page 1 of 10 ZONING MINUTES - FEBRUARY 2010 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) None. 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-04-212 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING AN AMENDMENT TO 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 Development Services Department appeared before the City Council and explained this is the annual update to the Capital Improvement Element update and Capital Improvement Schedule of the Comprehensive Development Master Plan. 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 Bratton, seconded by Councilwoman Watson to adopt this ordinance. There being no discussion on this item,the motion to adopt 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 9-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 Zoning Minutes February 3,2010 Page 2 of 10 ZONING MINUTES - FEBRUARY 2010 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 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) Cyril Saiphoo, Zoning Administrator appeared before the City Council to go over the Executive Summary provided as part of the Agenda Package. This summary includes a synopsis of what happened at the last zoning meeting as well as discussion Council members had with staff. Those comments and discussions were taken back and staff made the necessary revisions to the Land Development Regulations. One of the two items discussed at the last meeting was the public hearing notification process. That process has been addressed in the Code,with staff providing information on how it proposes to address those issues. The proposals staff was asked to consider were: 1)the difference between a single family residential verses a non-residential/commercial public hearing;2) a non-use variance verses a rezoning or reuse of a property/land use amendment;providing proper notice but keeping the cost down. As it relates to addressing those three issues,staff is proposing: l) for single family residential a mail notice to the surrounding property owners within a 500 foot radius, fourteen(14)days in advance. A newspaper ad would be done ten(10)days in advance. A posting on the property would be done twenty-one(2 1)days in advance. The postcard option was also considered as a cost savings measure. Of course this all depends on how large the postcard is and how much information can be placed on the postcard;2)for non-single family residential,mixed uses, multi-family for variances, etc., everything that would be done for single-family residential would be included in this process however, a second mailed notice would be added. This second notice would be mailed to property owners within five hundred (500) feet. This second mailed notice would be done within seven(7) days of the public hearing. 3) for any rezoning or land use amendment a mailed notice would be done,with a second mailed notice being done seven(7)days prior to the public hearing. A newspaper ad would be done. The property would be posted. Prior to the second reading a second newspaper ad would be done. To put things into perspective the State Statutes only requires a newspaper ad to be published ten(10)days prior to the public hearing. The current process under Miami-Dade County's Code involves: 1)a preliminary general notice with no specific date or timeline;2)layman's newspaper ad;3)final mailed notice within 500 foot radius;4) legal newspaper ad; and 5)posting of the property. Mr. Saiphoo said after the last meeting staff did have some inquiries from the Mayor and Zoning Minutes February 3,2010 Page 3 of 10 ZONING MINUTES - FEBRUARY 2010 Vice Mayor about certain issues. That information is also outlined in the summary. One of the questions that was raised was the ability administratively to extend the hours of operations for establishments for the sale of alcoholic beverages,for up to two hours. Staff provided language in this proposal, which would allow staff to do that, administratively. Mayor Gibson opened the floor for this public hearing. Yvette Harris(ask Mario for her information)appeared before the Council as a lobbyist for? She explained that her church purchased some property in the City of Miami Gardens several years ago,for the purpose of building a church. The church was ready to move forward with its building project when it was discovered the City of Miami Gardens had some high fees. She shared the church decided to look at what other surrounding municipalities were charging. She provided staff with a copy of the church's findings. She asked that the Council consider these fees. After there were no other interested parties to speak on this item,the public hearing closed. Motion offered by Vice Mayor Gilbert,seconded by Councilwoman Watson and Councilman Campbell to adopt this item on second reading. Vice Mayor Gilbert mentioned the notification requirement for single family residential properties and stated the Council wanted to provide a more user friendly approach and provide notice to only the adjacent homeowners. He asked that this change be made to the document. Councilman Bratton mentioned the cost factor involved when a multi-family(condominium complex)is involved. Mr. Saiphoo said the cost would increase substantially because each individual homeowner would have to be notified. If there is an apartment building, with renters involved, only the apartment building property owner would be notified. Councilwoman Watson concurred with Vice Mayor Gilbert and reiterated the importance of only providing notification to the adjacent property owners when single-family residential applications are involved, and not those of townhomes or duplexes. Councilwoman Pritchett asked whether this information could also be shared with the residents via the internet. Mr. Saiphoo said this has been discussed and would be in addition to all the other prior notices. Councilwoman Pritchett made reference to the Executive Summary, more particularly the language where staff had discussions with the Mayor and Vice Mayor with regard to the extended hours of operations for establishments selling alcoholic beverages on a temporary basis. She made reference to a separate section of this discussion where staff addressed the concerns raised by the Mayor and Vice Mayor with regard to extending hours of operations for up to two hours for those Zoning Minutes February 3,2010 Page 4 of 10 ZONING MINUTES - FEBRUARY 2010 establishments selling alcoholic beverages,administratively. She said in the second section the word "temporary"has been omitted. Mr. Saiphoo said there was a discrepancy. The "temporary" in the Executive Summary should not be there. Councilwoman Pritchett commented, so that section is incorrect? She said that she had thought that the Mayor and Vice Mayor had had discussions with staff for the extended hours to be on a temporary basis. Mr. Saiphoo said this matter was included in the initial draft and probably should have been cleared up in the Executive Summary. He said"temporary" should have been deleted. Councilman Campbell made reference to the notification process and shared that he has no problem with including that section. He asked if only the adjacent neighbors would be notified is there still a requirement to place an ad in the newspaper. Mr. Saiphoo said the state requires a newspaper advertisement. Mayor Gibson stated that she did have a discussion with staff about the extended hours of operations. She asked what is the latest a business establishment that sells alcoholic beverage can stay open. Mr. Saiphoo said if it is a restaurant it is 1:00 a.m. This does not change under the proposed regulations. An establishment with a nightclub approval it is 3:00 a.m. The extended hours would allow that establishment to stay open until 5:00 a.m. Mayor Gibson asked how late does Tootsie's stay open. Mr. Saiphoo said Tootsie's has a resolution extending its hours of operation. Mayor Gibson asked whether the administrative variance apply to Tootsie's. Mr. Saiphoo said this administrative variance would not apply to Tootsie's because they already has a variance. Councilman Williams asked when was the variance for Tootsie's adopted. Mr. Saiphoo said the variance for Tootsie's was adopted prior to his arrival. Jay Marder, Development Services Director said he would provide this information to the Council. Mayor Gibson asked that all Council members be provided with this information. Zoning Minutes February 3,2010 Page 5 of 10 ZONING MINUTES - FEBRUARY 2010 Vice Mayor Gilbert said he wanted businesses in general, not just those selling alcoholic beverages, to come in and seek administrative variances to extend their hours without having to come to Council for approval. Mr. Saiphoo said the LDR only deals with those establishments selling alcoholic beverages. If the establishment is not selling alcoholic beverages they can stay open all night. Vice Mayor Gilbert asked whether the Wal-Mart Stores located within the City of Miami Gardens could stay open all night. Manager Crew in response to Vice Mayor Gilbert's inquiry replied,"Yes." There being no further discussion on this item,the motion to adopt on second 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 10. RESOLUTION(S)MUBLIC HEARING(S): RESOLUTION NO. 2010-30-1212-Z-91 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,FLORIDA,APPRONqNG DENYING THE APPLICATION SUBMITTED BY MARCIA REID FOR PROPERTY LOCATED AT 1101 NORTHWEST 203RD STREET, MORE PARTICULARLY DESCRIBED IN EXHIBIT"A"ATTACHED HERETO,FOR A NON- USE VARIANCE OF SECTION 33-50 OF THE ZONING CODE TO ALLOW A PROPOSED 484 SQUARE FOOT BEDROOM ADDITION TO AN EXISTING SINGLE-FAMILY RESIDENCE TO SET BACK SEVEN AND ONE-HALF(7.5)FEET FROM THE REAR PROPERTY LINE WHERE A MINIMUM SETBACK OF TWENTY-FIVE(25)FEET IS REQUIRED;AND TO ALLOW A PROPOSED 220 SQUARE FOOT EXPANSION OF AN EXISTING ATTACHED GARAGE TO SETBACK FIVE FEET FROM THE SIDE PROPERTY LINE WHERE A MINIMUM OF SEVEN AND ONE HALF (7.5)FEET IS REQUIRED; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER Jay Marder,Development Services Director appeared before the City Council to share there Zoning Minutes February 3,2010 Page 6 of 10 ZONING MINUTES - FEBRUARY 2010 were no changes submitted by the applicant's architect since the deferral at the last Zoning meeting. Marcia Reid, 1101 NW 203rd Street,Miami Gardens,Florida,appeared before the City Council to solicit support of her application. She indicated that she was not able to amend her plans to meet the City's requirements. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing closed. Mayor Gibson asked whether staff offered alternative to Ms. Reid. Ms. Reid said staff was not willing to work with the architect. She said staff indicated the setback was 18 feet and that was all the concession that would be made. She made reference to a Miami-Dade County Resolution,which approved an overall fifteen-foot setback in this area. She said there are other properties in this neighborhood that were previously approved for setbacks less than the 18 feet staff was willing to compromise with. She said she had discussions with staff prior to bringing this application and was told that it is worth a try. Mayor Gibson informed Ms.Reid that staff did not have the authority to make a decision as to what would and would not pass. Only the City Council has the authority to approve variances from setback requirements. Mr. Saiphoo clarified what took place at the meeting staff had with Ms.Reid and the architect after the December 2009 deferral. Ms. Reid was told that if they reduced the setback to 18.5 feet she could get an administrative variance. The variance was not the issue,it was the layout of the house and the way it was configured. Staff even discussed the possibility of going up a second story without any setbacks. Motion offered by Councilwoman Watson, seconded by Vice Mayor Gilbert to approve this item. Councilwoman Watson for clarification purposes asked Ms.Reid if she had in her possession a resolution,which allows for a blanket 15 feet setback in this area. Ms.Reid in response to Councilwoman Watson's question replied,"Yes." Not only that,there are several properties in this neighborhood that were approved with far less than the 15 feet setback. Councilwoman Watson pointed that the approval Ms.Reid is referring to was done prior to the incorporation of the City of Miami Gardens and prior to the Coconut Cay Development.At the time of this approval there were no fences in the rear of the properties. She asked Ms.Reid for a copy of the legislation she was referring too. After review of the documentation provided by Ms. Reid, Councilwoman Watson clarified that the information provided by Ms.Reid indicates an application for one resident was approved by Miami-Dade County. She said this is not an application that was granted or applied across the board. Zoning Minutes February 3,2010 Page 7 of 10 ' ZONING MINUTES - FEBRUARY 2010 Councilman Campbell asked how much of a cost would it be to go two story as opposed to one story. Mr.Marder said he did not have any idea of the cost however,no variance is required for a two story. Attorney Barnes after a review of the documentation provided by the applicant stated that it appears the applicant is correct. Miami-Dade County did approve a 15 ft. setback for the entire subdivision at that time. The variance does run with the land. Mayor Gibson said this would apply have applied if she was only going back 15 feet from the 25 feet required. However,this applicant is requesting a 7 foot setback,which is less than the 15 feet setback. Motion offered by Vice Mayor Gilbert to deny the applicant's request. This motion was seconded by Councilwoman Watson. There being no further discussion,the motion to deny this application passed and carried by a 6- 1 vote. Vice Mayor Gilbert: Yes Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: No Councilman Bratton: Yes Councilman Campbell: Yes Mayor Gibson: Yes 11. CITY MANAGER'S REPORT 11-A) Monthly Status Report Manager Crew informed the Council that one of the City's Red Light Cameras is on private property. The permit application for that location was signed by what the City thought was the property owner. As it turns out that individual was not the property owner. When the property owner found out, a lawsuit was brought against American Traffic Solutions (ATS). The property owner has agreed to a settlement. For the past year the camera has been on this property,ATS has agreed to$35,000 in damages. ATS has agreed to$750 a month going forward. ATS is requesting the City's assistance in paying a portion of the settlement amount. Mayor Gibson stated that according to the agreement the City has with ATS, they were suppose to secure all locations and leases for the Red Light Cameras. She said she was not in agreement with assisting ATS with this payment. Manager Crew further shared that there is an order to remove the camera by the end of this week. Zoning Minutes February 3,2010 Page 8 of 10 ZONING MINUTES - FEBRUARY 2010 Vice Mayor Gilbert shared as a practical matter his understanding of the situation is that the City approved the permit,and might have some exposure in that respect. The City might have some exposure independent of its agreement with ATS. Councilman Williams conveyed appreciation of Manager Crew bringing this matter forward. He said he needed more information than what has been presented therefore he could not make a judgment. He opined the City Attorney needed to be in communication with the City Council members. He asked about the timetable for a decision to be made. Manager Crew said the timetable is this coming Friday. Councilwoman Pritchett asked when did staff first find out about this. Manager Crew in response to Councilwoman Pritchett's inquiry said about a week and a half ago. He shared that staff knew that it was there and thought that it would have been resolved. Councilwoman Pritchett concurred with comments made by Councilman Williams and stated the Council should be given information in a timely manner. She said the Council cannot make a judgment on something that is due by Friday. Councilman Williams asked whether the City Attorney would be available on tomorrow to call each of the Council members to share the information. Councilman Bratton asked if the Council cannot come to a decision before Friday, what would happen. Manager Crew said the camera would have to be taken down. Vice Mayor Gilbert shared that it is his understanding that the funds would not be taken out of the City's coffers but would be taken from the funds being collected by ATS. He said if the Council wants to wait, he would be in support. He further stated just so all are clear though, the more we wait in this particular instance,there is little exposure and there would be more exposure moving forward. He conveyed understands Councilwoman Pritchett's concerns. However,there are times the Council needs to take the leadership role to make decision with little information. Councilman Williams said he is not moving forward until he has all the information. Councilwoman Watson concurred with Councilman Williams, Councilwoman Pritchett as well as Vice Mayor Gilbert. She said she is comfortable with making a decision tonight. Councilman Campbell said he too is willing to make a decision tonight. Councilman Bratton asked whether the other Red Light Cameras were illegal. Zoning Minutes February 3,2010 Page 9 of 10 ZONING MINUTES - FEBRUARY 12010 Manager Crew in response to Councilman Bratton's inquiry stated that staff is researching the matter to ensure the rightful property owners gave permission. Motion offered by Vice Mayor Gilbert to direction be given to the City Manager to enter into an agreement with ATS indicating that ATS would be responsible for the $35,000 settlement however,moving forward the City would pay a portion of the cost from a portion of the funds being collected by ATS, and given to the City. He said from his perspective the money is really not that important, is the fact that people's lives have been saved. The dangerous intersections have been made safer as a direct result of Red Light Cameras. He said 183rd and NW 27`x'Avenue is one of the most traveled intersections in the state. This motion was seconded by Councilman Campbell. At the conclusion of this discussion the motion passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made,the meeting adjourned at 8:25 p.m. Attest: S ey bs n, Mayor onetta Taylor, NWC, City Clerk Zoning Minutes February 3,2010 Page 10 of 10