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11.03.2010 Zoning Meeting REGULAR ZONING MINUTES - NOVEMBER 3, 2010 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES NOVEMBER 3, 2010 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council for the City of Miami Gardens,Florida met for the Regular Zoning Meeting on Wednesday,November 8,2010,beginning at 7:12 p.m.,in the City Council Chambers, 1515 NW 167'hStreet,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,Sharon Pritchett,and Oliver G. Gilbert. 2. INVOCATION - 3. PLEDGE OF ALLEGIANCE: Recited in unison. 4. APPROVAL OF MINUTES: 4-A) October 6, 2010—Regular Zoning Minutes Motion to approve was made by Councilwoman Pritchett and properly second by Councilwoman Davis,to approve the minutes with the necessary corrections,if any. There being no discussion the motion passed and carried by a 6-0 voice vote 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)BUSINESS(Items shall be pulled from the Consent Agenda at this time): 6. PRESENTATION(S) None. 7. CONSENT AGENDA None. The City Clerk swore in all parties participating in this Quasi-Judicial Proceeding. Cyril Saiphoo,Zoning Administrator read into the record the process and procedures used for this Quasi-Judicial Proceedings. 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) 8-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION Zoning Agenda November 3,2010 Page 1 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 SUBMITTED BY PASTOR JOSEPH E.NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR THE REZONING OF THE PROPERTY LOCATED AT 1850 N.W. 183RD STREET AND 18145 N.W. 19TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A",ATTACHED HERETO,FROM R-1,SINGLE FAMILY RESIDENTIAL AND OF, OFFICE DISTRICT TO NC, 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) Councilwoman Pritchett announced she had a conflict of interest with this particular item and recused herself from participating in the discussion on this item. Mayor Gibson opened the floor for this public hearing. Rosanna Cordova,the planner and engineer representing Prince of Peace Moravian Church, appeared before the City Council and indicated the request is for a re-zoning of the 3.09 parcel, which is partially zoned R-1 single family residential and OF office. She is requested that the parcel be zoned NC neighborhood commercial. She continued to add that this rezoning would allow for the existing use, which is religious assembly, to conform to the City's zoning code and land development code. This re-zoning would also allow for the expansion of a banquet hall. Lastly,Ms Cordova made it know that the DRC committee is reviewing the site plan and she hope to bring it forward to the City Council at a future zoning meeting. David Williams Jr, 17640 NW 18`x'Avenue,Miami Gardens,FL;spoke in opposition of this item a believed that the area should remain a non-commercial area and hopes the Council would keep it as it is. Reverend Joseph Nicolas, representing Prince of Peace Moravian Church, gave assurance that anything that the church is planning to do is consistent with the ministry they now perform. There being no further public comment,the Mayor closed the public hearing portion of this item. Motion was made by Councilman Williams and was second by Vice Mayor Campbell to adopt this item on first reading. Councilman Williams stated that he is supportive of this application and believes the church would not hinder the area because he lives in the neighborhood. Councilman Gilbert questioned where will cars enter and exit the property. Ms Cordova responded that there are two entrances on 191'Avenue where vehicles can enter in and out of the property. Zoning Agenda November 3,2010 Page 2 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 Councilman Gilbert asked would it be possible to make the main access on 183`d Street. Ms Cordova responded no,that it will be hard to create access point on a major road. There being no further discussion,the motion to approve passed and carried by a 5-0 vote. Vice Mayor Campbell Yes Councilwoman Davis Yes Councilman Gilbert Yes Councilman Williams Yes Councilwoman Pritchett: Recused Mayor Gibson Yes 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) None 10. RESOLUTION(S)/PUBLIC HEARING(S): 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI MONEY MARKET INC.,FOR A SPECIAL EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY'S PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY LOCATED AT 16601 N.W.27TH AVENUE,MORE PARTICULARLY DESCRIBED IN EXHIBIT"A",ATTACHED HERETO;PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Robert Holland, on behalf of the owner of Miami Money Market Inc.; stated this is an application for a special request to allow the establishment of a pawn shop at 16601 NW 27" Avenue,which is formally known as Nemo's Seafood. He continued to add that the City staff has concluded that the pawn shop use will be consistent with the goals of the City's Comprehensive Development Master Plan,while protecting the public health,safety,and welfare thru its design and location. Mr.Holland continued to inform the Council with regards of the history of the pawn shop owner, operations of the pawn shop, and on how the pawn shop being proposed is regulated of Chapter 536 of the Florida Statue, the Pawn Broker Act. Additionally, the owner agrees to the covenant that relates to no guns being sold at the location,no loitering,and landscaping. Lastly,he made it know the City Council position with the ability to revoke the Certificate of Use should there be an issue at this establishment. Mayor Gibson opened the floor for public comments. After there were no interested Zoning Agenda November 3,2010 Page 3 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 parties to speak on this item,the public hearing closed. Motion to move the item was made by Councilman Williams and properly second by Councilman Gilbert. Mayor Gibson asked if the owner has any other stores in Miami Dade County. Renaldo Chavez,owner of Miami Money Market Inc,acknowledge that he has one store in Opa-locka. Councilman Williams questioned the provision that would allow the City to provoke the Certificate of Use for business. Sonja Dickens, City Attorney, explained the process on how the Council would be able to revoke the Certificate of Use and Special Exemption if this application should it be approved by the City Council. Councilman Gilbert shared his discomfort with pawn shops. However, he is very familiar with the property and the multiple businesses that have been at that location and he understand the need to have businesses open in Miami Gardens and not to allow that location to be an eyesore. He questioned how Mr. Holland can balance his discomfort. Mr.Holland responded that what is here before the Council is a gentleman who has a history of operating a successful pawn shop who recognizes the opportunity in moving his business from Opa-locka, where he rents,to Miami Gardens, where he will own and control the property. This would allow him to have a top notch facility that will not look like a typical pawn shop. Additionally,the owner does not have a problem with improving the aesthetics of the property and agreeing to a covenant for him to continue to maintain the landscaping of the property. Lastly,the Council has the ability to close the business should there be any issue. Councilman Gilbert questioned if there is any way that we can remedy this application so that a pawn shop is only approved for this current applicant and it would not allow that use be permitted should applicant transfer ownership of the pawn shop to another individual. City Attorney Dickens indicated certainly Council can add a declaration that can either allow Council to approve the new owner or it can automatically terminate upon transfer of ownership. Mr.Holland indicated that his client would not object and does not anticipate that this would be a problem. Vice Mayor Campbell indicated he has similar concerns that were expressed by Councilman Gilbert. He asked for the police department's opinion with regards to how the police department can monitor the activities of this business. Paul Miller, Deputy Police Chief, indicated that the police department had no outward Zoning Agenda November 3,2010 Page 4 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 objection regarding this property and the owner Mr. Chavez. He went on to further explain the police department concerns with pawn shop in general. Nonetheless the police departments had no objections with this applicant. Vice Mayor Campbell questioned whether the police department would be ability to enforce this State Statue regarding pawn shops. Deputy Chief Miller indicated the police department is able to monitor the pawn shops,while it can be voluminous. Councilwoman Pritchett asked what is the total number of pawn shops and second hand stores in this city; and how are they regulated? City Attorney Dickens indicated that the State regulates pawn shops. Deputy Chief Miller believed that there are about 4 pawn shops and a about dozen second hand dealers within the City. Councilwoman Pritchett asked for an explanation on how the bond is utilized in accordance with the State Statue. Mr.Holland made it known that the bond is typically$50,000 of your assets that you should have pledge and the$10,000 is for Surety Bond,where the state can move on that bond at anytime with regards to any transaction that is fraudulent to the consumer. Councilwoman Pritchett questioned has there been any instances where the surety bond has not been able to cover the fraudulent transaction. Mr. Holland said that he cannot say that it has never been done,however he noted that this particular pawn shop will not be doing items that would cost of$10,000. Mayor Gibson shared her concerned on how the economically value would be attained, increased, or decreased with this establishment being put there. And additionally how this establishment would impact the economically changes that she believe will happen in that area. Mr. Holland stated that he does not believe that there is any imperial data that show pawn shops have a erosion on the value of other businesses in the area. Additionally,the value of this intersection would not be affected by the pawn shop or any other business because that is a major intersection with a major exit off of the highway. Therefore,someone interested in the area would by those properties based on the traffic flow of the area. Mayor Gibson re-stated her concerns of the pawn shop affecting the economic value of the area with regards to redevelopment. Mr.Holland stated that if you look at what is being proposed is a very clean site that will not Zoning Agenda November 3,2010 Page 5 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 have a detrimental impact to the economical value of the area; he opinioned that the property adjacent to the proposed pawn shop site would have a more detrimental impact compared to the proposed pawn shop. Councilwoman Davis questioned the security of the facility. Mr.Holland shared the set up of the location and how it relates to the security of the location. City Attorney Dickens asked if the owner would be amendable to put in the declaration that the name of the business would include pawn shop and that guns will not be accepted and sold at that location. Councilwoman Pritchett asked whether granting a special exemption would perhaps set precedents for more pawn shops to be allowed in the City. City Attorney Dickens read the first proposed amendment entitled: In the event the applicant intends to transfer the "pawn shop"business, the applicant agrees that City Council should have the right to approve the person or entity to whom the business should be transferred. Prior to any such transfer the City Council would not unreasonably withhold such approval. Motion was made by Councilman Williams to accept the proposed amendment to the declaration with the language read by the City Attorney. This motion was properly second by Councilman Gilbert and passed by a 4-2 voice vote. Councilwoman Davis and Councilwoman Pritchett gave the dissenting vote. City Attorney Dickens read the second proposed amendment entitled: The applicant agrees the words pawn shop would not be used in the name of the business and the name of the business would be "Miami Gardens Jewelry and Loans" and no guns will be accepted or sold on the premises. Motion was made by Councilman Gilbert to accept the proposed amendment to the declaration with the language read by the City Attorney. This motion was properly second by Vice Mayor Campbell and passed by a 4-2 voice vote. Councilwoman Davis and Councilwoman Pritchett gave the dissenting vote. There being no further discussion the motion to approve the item did not pass due to there being a no vote of 3-3. Vice Mayor Campbell Yes Councilwoman Davis No Councilman Gilbert Yes Councilman Williams Yes Councilwoman Pritchett No Mayor Gibson No Zoning Agenda November 3,2010 Page 6 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 Mr. Holland questioned if it would be at all possible if the item can be deferred when the Council has complement of 7 members. City Attorney Dickens stated that it is up to the Council. Motion was made by Councilman Gilbert and second by Vice Mayor Campbell to defer the item. This motion passed and carried by a 4-2 voice vote. Councilwoman Davis and Councilwoman Pritchett cast the dissenting vote. The item was differed to the December 1, 2010 Zoning Meeting. Resolution No. 2010-181-1363-Z-97 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY HABITAT FOR HUMANITY OF GREATER MIAMI FOR A VARIANCE OF SECTION 34-342 OF THE CITY'S LAND DEVELOPMENT CODE TO PERMIT TWO PROPOSED SINGLE-FAMILY RESIDENTIAL LOTS WITH LOT AREAS OF 5,000 SQUARE FEET (PARCEL A) AND 5,365 SQUARE FEET (PARCEL B)WHERE A MINIMUM LOT AREA OF 7,500 SQUARE FEET IS REQUIRED;APPROVING A VARIANCE OF SECTION 34- 342 OF THE LAND DEVELOPMENT CODE TO PERMIT TWO PROPOSED SINGLE-FAMILY RESIDENTIAL LOTS WITH LOT FRONTAGES OF 50 FEET(PARCEL A)AND 55 FEET(PARCEL B), WHERE A MINIMUM LOT FRONTAGE OF 75 FEET IS REQUIRED,FOR THE RESIDENTIAL PROPERTIES LOCATED AT 1801 AND 1811 N.W. 151sT STREET, 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. Kia Hernandez,Planning and Site Director for Miami Habitat of Humanity,reiterated staffs summary that was included in the agenda package. Felicia Robinson, 3511 NW 194th Street, Miami Gardens,FL; stated that she is happy that Habitat of Miami has something going on in Miami Gardens. T here being no further public comment,the Mayor closed the floor. Motion to move the item was made by Councilman Gilbert and second by Vice Mayor Campbell. Zoning Agenda November 3,2010 Page 7of9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 Councilman Williams inquired about the process of selecting homeowners;and whether the potential homeowners were Miami Gardens residents. Ms Hernandez indicated that they have already selected the new homeowners and they are Miami Gardens' residents. Councilman Pritchett asked if while the person is in the process of buying the home whether they do not pay the property taxes of the homes. Ms Hernandez responded that property taxes are due and payable. There being no further discussion the motion to approve passed and carried by a 6-0 voice vote. RESOLUTION NO. 2010-182-1364-Z-98 10-C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY AMERICAN TOWER CORPORATION FOR A SPECIAL EXCEPTION USE TO ALLOW A WIRELESS SUPPORTED SERVICE FACILITY AND AN ANTENNA SUPPORT STRUCTURE IN THE R-15, MULTI-FAMILY RESIDENTIAL DISTRICT; AND A VARIANCE OF SECTION 34-288(41)(b)(5)TO ALLOW AN ANTENNA SUPPORT STRUCTURE EXCEEDING 100.0' IN HEIGHT WITH A SETBACK OF 166.0'WHERE A SETBACK OF 200.0'IS REQUIRED, AT THE PROPERTY LOCATED AT 390 N.W.210TH STREET MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO; PROVIDING FOR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mike Vonder Meulen,representing American Tower,appeared before the City Council and gave a brief overview of the plans of American Tower that is being requested, where they will remove one guided tower and replace it with a 150ft Monopole. Additionally he provided the intention of adding the 150ft monopole. Lastly, he indicated that American Tower agrees with the conditions provided in staffs recommendation and formally requested for the Council's passage of this item. Mayor Gibson opened the floor for public comment. Pat Wright, 1221 NW 179"' Street Miami Gardens, FL; appeared before the City Council questioned how the variance being requested regarding the setback would impact the neighborhood, would there be anything place on top of the tower, and how would a storm affect the tower. Mr.Meulen stated that the particular application is regarding the 15 Oft tower. These towers Zoning Agenda November 3,2010 Page 8 of 9 REGULAR ZONING MINUTES - NOVEMBER 3, 2010 are built design to break at a certain point which would have no impact to the surrounding area. And the tower would be designed to hold four wireless carriers. Tom Haarsgaard, Vice President of Industrial Communication, appeared before the City Council. He stated that he is against the applicant. Councilman Gilbert asked Mr.Haarsgaard if his company is in competition with American Tower. Mr. Harzguard replied yes. Mayor Gibson asked if the height that is being requested would allow for better reception. Mr. Meulen stated it would allow for a lot more data to be transferred. Mayor Gibson asked Mr. Haarsgaard what is the height of his tower. Mr. Haarsgaard indicated the tower on his location 960ft. There being no further public comment,the Mayor closed the floor. Cyril Saphoo, Zoning Administration, provided a clarification regarding condition #3 recommended by staff. Motion to approve was made by Vice Mayor Campbell and second by Councilman Williams. There being no further discussion the motion to approve passed and carried by a 4-2 voice vote. Councilwoman Davis and Councilwoman Pritchett provided the dissenting vote. 11. CITY MANAGER'S REPORT None 12. ADJOURNMENT There being no further business before the Council, and upon a motion being made, and seconded the meeting adjourned at 8:35 p.m. Shirle Gi on, ayor Attest: t� Ronetta Taylor, N4K4C, City Clerk Zoning Agenda November 3,2010 Page 9 of 9