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07.07.2010 Zoning Meeting REGULAR ZONING MINUTES - JULY 72010 CITY OF MIAMI GARDENS ZONING MINUTES 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,July 7,2010,beginning at 705 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 Barbara Watson,Sharon Pritchett and Oliver G. Gilbert. Councilmen Melvin L. Bratton and Andre Williams were not present. Motion offered by Councilman Gilbert,seconded by Council to excuse Councilmen Bratton and Williams. This motion passed and carried by a 5-0 voice vote. Also in attendance were: City Manager Dr.Danny O.Crew,City Attorney Sonja K.Dickens, and Deputy City Clerk Mario Bataille, sitting in for City Clerk Ronetta Taylor, Assistant City Manager 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) June 2,2010—Regular Zoning Minutes Motion offered by Councilwoman Watson,seconded by Vice Mayor Campbell to approve the minutes, with necessary corrections, if any. This motion passed and carried by a 5-2 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 Councilman Gilbert, seconded by Councilwoman Watson to adopt the official agenda as presented. This motion passed and carried by a 5-0 voice vote. The Deputy City Clerk swore in all parties participating in the Quasi-Judicial Proceedings. Councilman Gilbert announced that he has a voting conflict with Item 8B therefore he would be recusing himself from the proceedings. Zoning Agenda July 7, 2010 Page 1 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 Cyril Saiphoo read into the record the procedure used for this Quasi-Judicial Proceeding. 6. PRESENTATIONS) None. 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 THE CITY'S LAND DEVELOPMENT REGULATIONS (LDRs) AS ADOPTED BY ORDINANCE NO. 2010-10-218; AMENDING SECTION 2-60, "DEVELOPMENT REVIEW COMMITTEE';AMENDING SECTION 2-80,"GRANTING OF VARIANCES AND WAIVERS";AMENDING SECTION 2-230,"VESTED RIGHTS";AMENDING SECTION 7-110 "DESIGN STANDARDS"; AMENDING SECTION 9-20 "USES PERMITTED WITH EXTRA REQUIREMENTS"; AMENDING SECTION 10-10 "ACCESSORY STRUCTURES"; AMENDING SECTION 10-20, "ACCESSORY USE TABLE"; AMENDING SECTION 10-30, "ADDITIONAL STANDARDS; AMENDING ARTICLE XI, "TABLE 1 DEVELOPMENT STANDARDS"; AMENDING SECTION 12-160"COMMERCIAL,RECREATIONAL, BOAT AND VESSEL VEHICLE PARKING IN RESIDENTIALLY ZONED PROPERTY; AMENDING SECTION 12-170, "COMMERCIAL, RECREATIONAL, BOAT AND VESSEL PARKING IN INDUSTRIAL ZONE PROPERTY RESTRICTIONS; AMENDING SECTION 14-10 "IN GENERAL"; AMENDING 14-20, "LANDSCAPE PERMIT REQUIRED";AMENDING SECTION 14-60, "LANDSCAPE,BUFFERING MINIMUM STANDARDS;AMENDING SECTION 14-70, "EXTRA STANDARDS, EXCEPTIONS; AMENDING SECTION 17-60, "SIGNS PERMITTED WITHOUT SIGN PERMIT"; AMENDING APPENDIX A, "MASTER USE LIST DEFINITIONS"; MORE PARTICULARLY DESCRIBED HERETO AS EXHIBIT "A;" 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) Daniel Rosemond,Assistant City Manager appeared before the City Council to recount the events relevant to this ordinance. He said at the time this ordinance was initially presented by the Consultant it was understood that this would be a working document and from time to time amendments would be made. When this item was presented for adoption there were some concerns Zoning Agenda July 7, 2010 Page 2 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 raised by concerned business owners. There were recommendations made at the April 7t'Zoning meeting. Those recommendations have been incorporated in this ordinance. Cyril Saiphoo, Zoning Administrator appeared before the City Council to go over the recommendations included in this ordinance. He recounted on April 7, 2010, the City Council adopted the Land Development Regulations (LDR's) with the understanding that additional recommendations made to Council by businesses and their representatives would be reviewed by staff and brought back for action in ninety(90)days. On May 7,2010, staff provided a summary of the concerns and issues previously raised and solicited interested parties to submit additional concerns or issues not previously raised. No new concerns or issues were submitted to staff. A summary of issues and staff's proposed actions on the amendments was provided to interested parties on June 7, 2010. The major concern raised by property owners was compliance with the new Landscape requirement within five years. This was especially a concern with the industrial property owners. Staff reviewed this requirement and is making a recommendation to reduce the required number of shade trees in the light industrial and heavy industrial districts from twenty(28)per net acre to twenty-two(22)per net acre for existing industrial developments to be in compliance in five (5)years. The twenty-eight(28)shade trees per net acre is consistent with the requirements adopted for the City's commercial and multi-family zoning districts and consistent with Miami-Dade County's requirement for multi-family and planned developments; twenty-eight (28) trees represented an increase of six(6)per acre from the Miami-Dade County's requirement of twenty-two (22) shade trees per net acre,which is commercial and one of the industrial zoning districts. Mr. Saiphoo stated is recommending reducing the number of required shade trees from twenty-eight(28)to twenty-two(22). To justify this recommendation a comparison of the estimated total tree requirements per net acre for industrial zoning districts(including shade trees,street trees and other trees) of other municipal regulations were: Miramar with a requirement of 32 trees (58 trees with required access ways and pedestrian strips); Coral Springs with a requirement of 31; Pembroke Pines with a requirement of 21 trees;and Miami-Dade County with a requirement of 20- 27 trees depending on industrial zoning classification. Mr. Saiphoo said the other concern raised was that the new landscape code required landscaping to be provided in the parking lots. Staff is recommending eliminating the landscape island requirement in the industrial areas. The justification for making this recommendation is because consideration was given to the daily operation of industrial properties,which include large tractor trailer traffic maneuvering on and about the properties. The adopted requirement to provide landscaped islands and shade trees may create some physical hardships for maintaining turning radius for trucks considering that the requirement would require a retrofit of existing parking areas with islands, curbing, and shade trees. Furthermore, considering that the industrial properties are predominantly built out with existing buildings and parking improvements and considering much of the industrial properties are not on major corridors of the City,the omittance of the landscape island will not have a detrimental impact on the City's intent and purpose of its landscape requirements. This recommendation is only for the existing industrial properties. Mr. Saiphoo said staff has been using the adopted Land Development Regulations for approximately three months had have discovered areas that needed clarification on some of the Zoning Agenda July 7, 2010 Page 3 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 provisions. Staff found that despite adopting the new Land Development Regulations the City has inherited a lot of Miami-Dade County situations, which requires specific codes to deal with them. Mayor Gibson opened the floor for this public hearing. Brian Adler,200 South Biscayne Boulevard,Suite 2500,Miami,Florida,appeared before the City Council to address that section of the Land Development Regulation relating to the granting of variances. He opined the recommendation being made by staff will take the flexibility of the Council to grant variances. He suggested that the Council not approve staff's new recommendation. Graham Penn, 200 South Biscayne Boulevard, Miami, Florida, appeared before the City Council. He expressed concern about the impact of the new regulations on existing properties within the City. Primary concern is the new landscaping regulations,with compliance within five years. He said back in April he had suggested that his clients be exempt from complying within that five year period. He suggested that the Council make a small change to the landscaping regulations (knee walls). He said this particular requirement would be the most expensive for property owners in the industrial area. He asked that those properties that will uniquely impacted by the requirement of the knee wall,be exempted. Steven Renick, a representative of Bilzin Sumberg Baena Price and Axelrod,LLP appeared before the City Council to present a letter into the record written by Attorney Stanley Price. This letter is attached hereto as exhibit"A". There being no other interested parties to speak on this item,the public hearing was closed. Motion offered by Councilman Gilbert, seconded by Councilwoman Watson to adopt this item on first reading. Councilman Gilbert asked if the knee wall is not going to be visible why is the City making that a requirement. Jay Marder, Development Services Director in response to Councilman Gilbert's question said the knee wall is visible. It is also not a continuing requirement. He further stated there is also flexibility with this requirement. Councilwoman Watson asked about the eighteen(18)administrative variances that could be granted administratively. Attorney Dickens in response to Councilwoman Watson's inquiry explained most cities have standards for variances. The reason for standards is when something is presented to the Council; there will be a basis for approving the variance (hardship). Brian Adler reappeared before the Council to expound on his earlier statement. He said the first criteria for granting a variance is based on the physical description of the property. Zoning Agenda July 7, 2010 Page 4 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 Vice Mayor Campbell expressed concern with staff's recommendation as it relates to granting variances. He further expressed concern with the requirement of knee wall, and cited security issues. He stated that he was opposed this ordinance the way that it is currently written. Attorney Dickens suggested having some standards because she was uncomfortable with not having any standards. She suggested eliminating standards 1-3. She further stated that standards 4- 9 were not necessarily considered hardship criteria. She stated that she was most concerned about the non-use variance. Mayor Gibson referenced the properties along NW 13th Avenue in the Sunshine Industrial Park and stated most of those properties did not have parking, which would require a knee wall. Jay Marder,Development Services Director in response to Mayor Gibson's comment shared most of the buildings in that area does not have parking lots. Mayor Gibson shared previously when this area was controlled by Miami-Dade Council there were no landscaping requirements. Therefore, no landscaping was provided even though it was a requirement of the Miami-Dade County's Code. Once Miami Gardens incorporated, it started enforcing many of the existing requirements in Miami-Dade County's Code. Mr.Marder said staff recognizes that in many instances the landscaping requirements cannot be met therefore,the Land Development Regulations has flexibilities in those instances. The main focus is to provide landscaping on the major streets. Mayor Gibson asked how will staff monitor those properties to ensure that properties have come into compliance within the five(5)year period. Mr. Marder in response to Mayor Gibson's inquiry shared that staff is working on some SOP's to address the different circumstances. An education campaign will also be implemented. Councilwoman Pritchett asked for clarification as to whether correspondence was sent out the property and business owners about the proposed amendments. Mr. Saiphoo said the summary was sent to the business and property owners. Staff received some response however they were the same comments that were made at the April 7th Zoning meeting. Councilwoman Pritchett asked if those comments were indicative of the comments raised tonight. Mr. Saiphoo said the comments received tonight were new. Furthermore, staff did not receive the letter from Attorney Stanley Price. Councilwoman Pritchett opined it is very important to meet some kind on consensus with property and business owners. Many of the businesses within the City hire residents. She asked if a Zoning Agenda July 7, 2010 Page 5of10 REGULAR ZONING MINUTES - JULY 71 2010 clear cut definitive plan of action to have the business owners come to the table to discuss this so that some of the issues can be ironed out. Mr. Saiphoo said the business and property owners had ninety days(90)days to submit any other concerns they might have had. No new concerns were every submitted until a day prior to this hearing. Attorney Adler appeared before the Council and opined that a workshop would be helpful. He said there may have been a misunderstanding. He thought that a workshop would be scheduled prior to this item coming before the Council. Attorney Penn shared after the discussions staff concluded that it would not be necessary to have a sit down to talk about the issues. Staff deemed it would be appropriate to do it in writing. Councilman Gilbert asked whether the City's LDR provides large scale plans and for Council determining if it is consistent with the City's Landscape Plan and approve it. Mr. Saiphoo in response to Councilman Gilbert's inquiry said typically large plan are when you have specific zoning purpose or planned development. A Planned Development Zoning District allows you to establish your own criteria for landscaping requirements. However,in general if you are a typical thirty(30)acre commercial property you are at the same standards. Councilman Gilbert said he did not know if we should be treating thirty(30)acre property the same as a forty (40) acre property. He said he was not sure how the other Council members felt however he would like to see something done with the new law. However, the City Attorney's recommendation with standards 1-3 was a good thought. On the other hand he did not want to place strict limitations on granting variances. Councilwoman Pritchett asked Attorney Dickens to provide clarity. Attorney Dickens shared before the LDR was brought before the Council initially,for first reading;there were several meetings and negotiations. There was give and take on both sides. At some point you cannot make everybody happen and at some point the policy makers have to make a decision. To get this discussion down to two issues is outstanding. She stated that she wants the record to reflect that staff worked hard on the LDR. It was give and take all along. She shared that she had made a statement at the April 7t' meeting that individuals would not be happen with everything that staff recommended. Councilwoman Pritchett thanked Attorney Dickens for her comments. She said she also heard some un-readiness from members of the dais,which she agrees with as it relates the knee wall; as it relates to the landscaping. Attorney Dickens suggested that Council adopt this item on first reading and allow staff to come back with recommendations for the concerns raised tonight. Zoning Agenda July 7, 2010 Page 6 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 Councilman Gilbert asked staff to look at the forty (40) acre provision and the possible impact. Manager Crew said the forty(40)acre provision is dealing with existing sites. Marc Napolitano, 1521 NW 165th Street,Miami Gardens,Florida,Sunshine Industrial Park appeared before the City Council and shared the parks are individual lands. Unless the Council specifically set aside some special districts for industrial,the applications would not work. This is something the property owners are not opposed to beautifying the city. Councilman Gilbert asked whether the Council wanted the industrial park to be consistent;if so,he did not know why the industrial park would not be treated as one. Manager Crew said there are hundreds of individual property owners in this particular park. There are industrial properties around the City that are not in a park. Mr. Napolitano said they were not looking for total exemption. There are inconsistencies throughout the park. For example NW 13th Avenue does not have a swale area. Another example is that some of the properties do not have any parking area. He expressed a desire to work with staff to come to an amicable solution to the problems. Mayor Gibson through her involvement with the Miami-Dade Community Council recounted her relationship with many of the property owners in this industrial park. She said many of the issues existing at that time were never resolved. She asked why can there not be a property owner's association comprised of the business and property owners in this industrial park. This would provide the City with more of a consensus of what is occurring in the park. This would also open up a dialog,and working relationship with those individuals to really get this park to where the property and business owners want it to be. She opined that giving a five year window to accomplish something is not a short window. She encouraged the representatives present to put their thoughts and concerns in writing and share that information with staff so that a resolution can be reached. Councilwoman Watson stated that apparently the written communication between staff and the property and business owners is not sufficient. She asked staff to hold a workshop with the affected property and business owners in the Sunshine Industrial Park. She asked that the property and business owners be forthcoming at that workshop,with their concerns. Councilman Gilbert encouraged everyone to be diligent in their efforts to work out all concerns during the scheduled workshop. He opined this should be the last time a workshop is needed. He further shared that the Council is not expecting staff to give the property owners everything they want,but to some to a consensus. Councilwoman Pritchett asked whether the workshop would be properly noticed. Manager Crew replied that the workshop would be properly noticed. Zoning Agenda July 7, 2010 Page 7 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 Mayor Gibson shared the Council will be on recess for the month of August therefore this item would not come back before September. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to defer this item until September or after such time that a workshop has been held. Mayor Gibson for clarification purposes indicated that the next reading would be based on the fact that a workshop has been held. Once the workshop has been held the item would then be scheduled to be considered by the Council. Attorney Dickens in response to Mayor Gibson's comments replied, "Yes." There being no further discussion on this item,the motion to defer passed and carried by a 5- 0 voice vote. Please note, Councilman Gilbert left the dais, and the chambers before this item was introduced. 8-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY FLORIDA MEMORIAL UNIVERSITY, INC., FOR THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 42ND AVENUE AND N.W. 156'x' STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A",ATTACHED HERETO,FROM R-2,DUPLEX RESIDENTIAL AND R-15,MULTIPLE FAMILY RESIDENTIAL TO PD, PLANNED DEVELOPMENT; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE.(SPONSORED BY THE CITY MANAGER) VP of Administration of Florida Memorial University, 15800 NW 42nd Avenue, Miami Gardens, Florida, appeared before the City Council to solicit support of this ordinance on first reading. Mr. Nayarko of Architectural Group, 5931 NW 173rd Drive, Suite 2, Miami, Florida appeared before the City Council to highlight aspects of the University's Master Plan and its relationship to the neighboring community. Everything associated with the new development is in accordance with the zoning specifications. The parking is more than adequate to accommodate the use of the campus. There is also a projection by Miami-Dade County to construct a parking garage, if the need is required. Rick Stephenson, President of H Architect, Coral Gables, Florida (check paperwork) appeared before the City Council to highlight the parking and residential living space associated with this new development. VP stated that Florida Memorial University has agreed to abide by the stipulations that staff Zoning Agenda July 7, 2010 Page 8 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 has outlined and is prepared to sign the Declaration of Restrictive Covenant. Motion offered by Councilwoman Pritchett,seconded by Vice Mayor Campbell to adopt this item on first reading. Councilwoman Pritchett shared one of the concerns she hears all the time is related to flooding,and asked what is being put in place to address this issue. Mr. Stephenson appeared before the City Council in response to Councilwoman Pritchett's question. He said all of the rainwater will be resolved and drained property within that site area. There being no further discussion,the motion to adopt on first reading passed and carried by a 4-0 vote. Councilman Bratton: Not present Vice Mayor Campbell: Yes Councilman Gilbert: Recused Councilwoman Pritchett: Yes Councilwoman Watson: Yes Councilman Williams: Not present Mayor Gibson: Yes A discussion was held to hold the budget workshop for Monday,July 26,2010,beginning at 10:00 a.m. Councilwoman Pritchett indicated that she will not be able to attend this budget workshop, but asked that the information be provided so that she can review it. 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) None 10. RESOLUTION(S)/PUBLIC HEARING(S): None. 11. CITY MANAGER'S REPORT 11-A) Status Report regarding proposed amendment to Interlocal Agreement for Public School Facility Planning. Bharvari Pandya, Senior Planner with the City of Miami Gardens' Development Services Department appeared before the City Council and informed them that a proposed amendment to the Interlocal Agreement is being considered. The City Council has until September 24,2010 to respond to this amendment. Councilwoman Watson expressed concern as to how these amendments related to the City of Zoning Agenda July 7, 2010 Page 9 of 10 REGULAR ZONING MINUTES - JULY 7, 2010 Miami Gardens. Ms.Pandya indicated that a representative from Miami-Dade Public Schools will be invited to attend a meeting to discuss the proposed amendments with the City Council. Mayor Gibson said it is important to invite the School Board Representative to come to explain this matter. She suggested that the Council as a Body send a letter to the School Board Representative for this district. All City Council members will sign this invitation letter inviting Wilbur T.Holloway,School Board member for District 1 to attend the next Zoning Board meeting, September 1,2010. Councilwoman Watson asked that staff provided additional information, including the minutes from the January 2010 meeting. Ms. Pandya said this information will be provided. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made by Councilman Bratton, the meeting adjourned at 9:20 p.m. Attest: it Gi son, Mayor (�j4de L-,I Ronetta Taylor, NWC, City Clerk Zoning Agenda July 7, 2010 Page 10 of 10