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10.06.2010 Zoning Meetings CITY OF MIAMI GARDENS REGULAR ZONING MINUTES OCTOBER 6, 2010 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council sitting as the Zoning Board,met in regular session on Wednesday,October 6,2010,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 Zoning Board were present: Vice Mayor Aaron Campbell Jr., and Council members Lisa C. Davis, Andre Williams, Sharon Pritchett and Oliver G. Gilbert III. Mayor Gibson was not present. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to excuse Mayor Gibson's absence. 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, Deputy City Clerk Mario Bataille, sitting in for City Clerk Ronetta Taylor, Daniel Rosemond, Assistant City Manager, Jay Marder, Development Services Director and Cyril Saiphoo, Zoning Administrator. 2. INVOCATION: 3. PLEDGE OF ALLEGIANCE: 4. APPROVAL OF MINUTES: 4-A) September 1,2010—Regular Zoning Minutes Motion offered by Councilman Williams,seconded by Councilwoman Pritchett to approve the minutes,with necessary corrections,if any. This motion passed and carried by a 5-0 voice vote. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)BUSINESS(items shall be pulled from the Consent Agenda at this time): None 6. PRESENTATIONS) None 7. CONSENT AGENDA None Cyril Saiphoo announced the process and procedure used for this Quasi-Judicial Proceeding. Zoning Minutes October 6,2010 Page 1 of 5 All participants participating in this Quasi Judicial Proceedings were sworn in by the Deputy City Clerk. 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-30-238 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MISHKAN T'HILLAH WORSHIP CENTER FOR THE REZONING OF THE PROPERTY LOCATED AT 2820 N.W. 167TH N.W. TERRACE, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A,"ATTACHED HERETO,FROM R-1,SINGLE FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) It was noted that the back-up documentation for this item as well as the next item were switched. Item 9-B was addressed first. Vice Mayor Campbell opened the floor for this public hearing. After there were no interested parties to speak on this item,the public hearing. Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt this ordinance. Councilwoman Pritchett asked, as it relates to staff's conclusion regarding the north side more particularly the language "North Side — the request to rezone from R-1, Single Family Residential to NC,Neighborhood Commercial for the 2801 NW 167 Terrace,property(the North Side),when its' location two blocks removed from NW 167 Street,would not protect the adjacent and surrounding areas of single family homes from encroachment and intrusion from incompatible uses,and therefore does not conform to policies of the City's Comprehensive Development Master Plan." Councilwoman Pritchett stated that she had asked that question because if this item is adopted it will put the Council in an interesting dilemma. She opined the Council would be approving something that is not in compliance with the City's policies (Comprehensive Development Master Plan). Jay Marder,Development Services Director in response to Councilwoman Pritchett's inquiry said that is staff's recommendation. However,it is the Council's purview to make the final decision. Zoning Minutes October 6,2010 Page 2 of 5 Attorney Dickens further expounded on this item and shared that in this particular instance the Council decides. Manager Crew said because the request is for the building of a church, the Council can approve without conflicting with the Comprehensive Development Master Plan. Councilwoman Pritchett said that is fine today, but what about tomorrow and the church cannot afford to build the church, and they then sell the property to someone else. Who can then come in and build on the property utilizing the numerous categories available under this particular re-zoning. Vice Mayor Campbell shared that he has raised this issue also during the last meeting. He said he has suggested the church enter into a voluntary declaration indicating only religious assembly can be built on this particular property. Attorney Dickens in response to Vice Mayor Campbell's suggestion said we have done that before however you cannot do contract zoning on a re-zoning. She said this concern could possibly be addressed during the site plan process. Mr.Saiphoo said during the site plan approval staff can certainly covenant the zoning to that site plan that building,that configuration,subject that any changes that would have to come back to the City Council. However that can only be done through the site plan approval and not the re- zoning. Councilwoman Pritchett commented,if that land was sold and it has already been re-zoned, even in the site plan process, where are we. Mr. Saiphoo in response to Councilwoman Pritchett's question explained,if it is tied to a site plan,any conditions put in for approval would have to come back to the Council for approval. The commercial zone however, will still be in place. Councilman Gilbert indicated that the Council can put things in place to protect the neighborhood. Councilwoman Pritchett further expressed concern with the amount of traffic this development will bring into the neighborhood. She said we still have a well established bedroom community will be greatly impacted. At the conclusion of this discussion,the motion to adopt passed and carried by a 4-1 vote. Councilman Gilbert: Yes Councilwoman Pritchett: No Councilman Williams: Yes Councilwoman Davis: Yes Mayor Gibson: Not present Zoning Minutes October 6,2010 Page 3 of 5 Vice Mayor Campbell: Yes ORDINANCE NO. 2010-29-237 9-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MISHKAN T'HILLAH WORSHIP CENTER FOR THE REZONING OF THE PROPERTY LOCATED AT 2801 N.W. 167TH N.W. TERRACE, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A,"ATTACHED HERETO,FROM R-1,SINGLE FAMILY RESIDENTIAL TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Vice Mayor Campbell opened the floor for this public hearing. After there were no interested parties to speak on behalf of this item,the public hearing closed. It was also noted for the record that the applicant was not present for this hearing. Motion offered by Councilwoman Pritchett, seconded by Councilman Gilbert to adopt this item. Attorney Dickens informed the Council that the issues brought forward at the prior meeting all related to site plans,which is duly noted in the minutes. She suggested that the Council approve the item and then direct staff to take in to consideration those comments that were addressed previously, and to address them at Site Plan review. There being no further discussion on this item,the motion to adopt passed and carried by a 5- 0 vote. Councilwoman Davis: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Councilman Williams: Yes Mayor Gibson: Not present Vice Mayor Campbell: Yes 10. RESOLUTION(S)/PUBLIC HEARING(S): None. 11. CITY MANAGER'S REPORT 11-A) Monthly Status Report None. Zoning Minutes October 6,2010 Page 4 of 5 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made,the meeting adjourned at 7:25 p.m. r l Attest: rle Gibson, Mayor Ronetta Taylor, MNW, City Clerk Zoning Minutes October 6,2010 Page 5 of 5