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12.01.2010 ZONING MINUTES DECEMBER 1, 2010 CITY OF MIAMI GARDENS REGULAR ZONING MINUTES DECEMBER 1, 2010 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council for the City of Miami Gardens, sitting at the Zoning Board for the City of Miami Gardens, Florida met in regular session on Wednesday, December 1, 2010, beginning at 7:38 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: Mayor Shirley Gibson, Vice Mayor Aaron Campbell Jr., and Council members Andre Williams, Lisa C. Davis, Felicia Robinson, Sharon Pritchett and Oliver G. Gilbert III. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens, City Clerk Ronetta Taylor, Assistant City Manager Daniel Rosemond, Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo. 2. INVOCATION: The Invocation was delivered by Councilman Gilbert during the Special City Council Meeting held preceding this meeting. 3. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison during the preceding Special City Council Meeting. 4. APPROVAL OF MINUTES: 4-A) November 3,2010—Regular Zoning Minutes Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett,to approve the minutes with the necessary corrections, if any. There being no discussion the motion passed and carried by a 7-0 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 Vice Mayor Campbell to hear Item 10-B, before Item 10-A. This motion passed and carried by a 7-0 voice vote. 6. PRESENTATION(S) None. Zoning Minutes December 1,2010 Page 1 of 7 ZONING MINUTES DECEMBER 1, 2010 7. CONSENT AGENDA None The City Clerk swore in all parties participating in the 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) None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) ORDINANCE NO. 2010-32-240 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION 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. (1st Reading — November 3, 2010) (SPONSORED BY THE CITY MANAGER Councilwoman Pritchett announced she has a conflict of interest with this particular item and recused herself from participating in the discussion on this item, and left the dais until this discussion on this matter concluded. Mayor Gibson opened the floor for this public hearing. Rosanna Cordova, the planner/engineer representing Prince of Peace Morvian Church, appeared before the City Council and indicated this is the second reading for the re-zoning from OF Professional Office and R1 Single Family to NC Neighborhood Commercial. She said 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 24 square foot banquet hall, book store and administrative offices. She said the second request, which is Item 10-13, is a variance of section 12-80 of the City's Land Development Code for the parking requirements. She further requested that extra parking spaces as allotted for the congregation/sanctuary. There being no other interested parties to speak on this item,the public hearing closed. Zoning Minutes December 1,2010 Page 2 of 7 ZONING MINUTES DECEMBER 1, 2010 Motion offered by Councilman Gilbert, seconded by Councilwoman Davis to adopt this item. There being no further discussion, the motion to approve passed and carried by a 6-0 vote. Vice Mayor Campbell Yes Councilwoman Davis Yes Councilman Gilbert Yes Councilwoman Pritchett: Recused Councilwoman Robinson Yes Councilman Williams Yes Mayor Gibson Yes 10. RESOLUTION(S)MUBLIC HEARING(S): RESOLUTION NO. 2010-194-1375-Z 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. (Deferred from 11/03/2010) (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. Robert Holland, 5955 NE 4th Court, Miami, Florida, appeared before the City Council on behalf of the owner of Money Market, Inc. He stated this is an application for a Special Request to allow the establishment of a pawn shop at 16601 NW 27th Avenue, which is formally known as Nemo's Seafood. Mr. Holland stated that the owner agrees with staff's recommendation to allow this application to stay within the guidelines of the Comprehensive Development Master Plan/Land Use Plan for pawn shops. He shared there are heightened regulations on pawn shops, more so than a retail shop. As a provision of the new regulations every item received in a pawn shop has to be put into a report and given to the Police Department on a daily basis. There are less than two percent(2%)that come into a pawn shop are stolen items. Renaldo "Ray" Chavez 8350 NW 150 Terrace; Miami Lakes, Florida, owner of Miami Money Market, Inc. He made reference to concerns raised by Councilwoman Pritchett at the last Council meeting with regard to security. He stated that there will be an armed security guard Zoning Minutes December 1,2010 Page 3 of 7 ZONING MINUTES DECEMBER 1, 2010 on the premises everyday from 5:00 pm until 8:00 pm for the close of business. He further explained this will be the only pawn shop with a privacy booth for individuals to conduct transactions. It will also have a public restroom access inside the store for the customers use. After there were no other interested parties to speak on this item, the public hearing closed. Motion offered by Councilman Williams, seconded by Councilman Gilbert to adopt this item. Councilman Gilbert conveyed optimism with the fact that this individual is actually purchasing this property. He shared that most individuals move into the City and only want to rent or lease, and never own the actual property. He said when you buy something you not only have equity in the building, you have equity in the land, and have an interest in actually keeping it up. He shared while visiting the City of Ft. Lauderdale and traveling down US 1, he paid attention to the businesses,which are very well maintained and manicured. Sonja Dickens, City Attorney, interjected to propose language for Councilman Gilbert to amend the Declaration of Restrictive Covenant. The proposed language would be included at the end of Section 1 "as well as the color renderings of the proposed building site, presented in the record at the City Council meeting, December 1, 2010." Motion offered by Councilman Gilbert and properly seconded by Councilman Williams to amend the Declaration of Restrictive Covenant as prescribed by the City Attorney. There being no further discussion on the amendment the motion passed and carried by a 6-1 voice vote. Councilwoman Pritchett cast the dissenting vote. There being no further discussion on the item as a whole, the motion to approve passed and carried by a 5-2 vote. Vice Mayor Campbell Yes Councilwoman Davis No Councilman Gilbert Yes Councilwoman Pritchett: No Councilwoman Robinson Yes Councilman Williams Yes Mayor Gibson Yes RESOLUTION NO. 2010-195-1376-Z-99 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR PROPERTY LOCATED AT 1850 N.W. 183 STREET AND 18145 N.W. 19 AVENUE, MORE Zoning Minutes December 1,2010 Page 4 of 7 ZONING MINUTES DECEMBER 1, 2010 PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FOR A VARIANCE OF SECTION 34-381 OF THE CITY'S LAND DEVELOPMENT CODE TO ALLOW 132 PARKING SPACES WHERE 223 PARKING SPACES ARE REQUIRED; PROVIDING FOR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) As with Item 9-A) Councilwoman Pritchett cited a personal conflict. She was not present during the deliberations. 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 Gilbert, seconded by Vice Mayor Campbell to adopt this item. There being no further discussion, the motion to approve passed and carried by a 6-0 vote. Councilwoman Davis Yes Councilman Gilbert Yes Councilwoman Pritchett: Recused Councilwoman Robinson Yes Councilman Williams Yes Vice Mayor Campbell Yes Mayor Gibson Yes Please note, Councilman Williams left at 8:00 p.m. RESOLUTION NO.2010-196-1377-Z-100 10-C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA APPROVING THE APPLICATION SUBMITTED BY DARPHINE L. SNELL FOR THE VACATION OF A 25.0' WIDE PORTION OF "THEORETICAL N.W. 33 AVENUE" NORTH OF MIAMI GARDENS DRIVE, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" HERETO; PROVIDING FOR INSTRUCTIONS TO THE CITY MANAGER; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson opened the floor for this public hearing. Darphine L. Snell 13721 NW 23rd Street; Pembroke Pines, Florida owner, appeared before the City Council and announced that she is in agreement with staff's recommendations. Zoning Minutes December 1,2010 Page 5 of 7 ZONING MINUTES DECEMBER 1, 2010 Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to adopt this item. Councilwoman Pritchett questioned page 159 of 243, which related to impacts. From what staff has provided the utility companies cited no impacts. She asked whether those letters were included so that the public can review them Mr. Saiphoo said those letters were not included as part of the package however, they are on file. There being no further discussion, the motion to approve passed and carried by a 6-0 vote. Councilwoman Davis Yes Councilman Gilbert Yes Councilwoman Pritchett: Yes Councilwoman Robinson Yes Councilman Williams Not present Vice Mayor Campbell Yes Mayor Gibson Yes 11. CITY MANAGER'S REPORT 11-A) Miami-Dade County School Board Interlocal Agreement Amendments Bhairvi Pandya, Senior Planner appeared before the City Council and recounted this item is the amendments to the Miami-Dade County Interlocal Agreement. She informed the Council that Mr. Ivan Rodriguez from Miami-Dade County School Board is present to answer any questions. She explained there are seven items for discussion including Amendment One, which is the 2/3 votes versus 100% votes for any amendment related to the Interlocal Agreement. Information has also been provided with regard to the option amendments and Amendment #1, adopted by cities in Miami-Dade County. The staff report mentions that the municipalities of Aventura and Bay Harbor Islands did not adopt Amendment #1. Aventura adopted five of the seven amendments. Doral and Miami Shores adopted all seven option amendments. Councilman Gilbert commented this is the third or fourth time this item has been discussed and why is this not an agenda item, instead of being heard under the City Manager's Report. Attorney Dickens in response to Councilman Gilbert's inquiry said this is the first time the Council has been asked to make a decision on this item. Once Council decides what items they want to vote on,the item will be brought back in the form of a resolution. Zoning Minutes December 1,2010 Page 6 of 7 ZONING MINUTES DECEMBER 1, 2010 Ivan Rodriguez Miami-Dade County Public Schools, and explained there are two items before the Council. The Optional Amendment item contains seven (7) items. In this particular instance the Council can approve one, none or all. Miami-Dade Public Schools is not advocating any position on this matter. When there are minor amendments to the Bi-lateral Agreement, the options must be offered to all municipalities; therefore the seven (7) items are option items. The other item that is before the Council is Amendment #1. This is not an optional item the Council will have to take a position. Manager Crew opined two municipalities have already voted against Amendment #1, therefore the City did not need to address that one because in order for it to be approved a unanimous vote from all the participating municipalities needed to take place. Mr. Rodriguez said the City still needs to provide a response to Amendment#1. Motion offered by Councilman Gilbert, seconded by Councilwoman Robinson to vote "no"for Amendment#1. There being no further discussion the motion to vote "no" on Amendment #1 passed and carried by a 6-0 voice vote. Manager Crew noted staff supports the other seven items due to increased flexibility of the optional items. Dr. Crew further explained due to our favored nation's clause is why this is favorable. Motion offered by Councilman Gilbert, seconded by Councilwoman Pritchett to vote for the seven(7) optional amendments. There being no further discussion the motion to approve passed and carried by a 6-0 voice vote. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made,the meeting adjourned at 8:17 p.m. hi Gibson,Mayor Attest: Ronetta Taylor, , City Clerk Zoning Minutes December 1,2010 Page 7of7