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February 4, 2009CITY OF MIAMI GARDENS REGULAR ZONING MINUTES FEBRUARY 4, 2009 1. CALL TO ORDER/ROLL CALL: The City Council for the City of Miami Gardens, sitting as the Zoning Board, met in regular session on Wednesday, February 4, 2009, beginning at 7:09 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 Barbara Watson and Council members Aaron Campbell Jr., Melvin L. Bratton, Andre Williams, Sharon Pritchett and Oliver G. Gilbert. Also in attendance were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens, City Clerk Ronetta Taylor, Development Services Director Jay Marder and Zoning Administrator Cyril Saiphoo. 2. INVOCATION: Invocation delivered by Councilman Gilbert. 3. PLEDGE OF ALLEGIANCE: Recited in unison. 4. APPROVAL OF MINUTES: 4-A) Zoning Meeting Minutes -January 7, 2009 Motion offered by Vice Mayor Watson, seconded by Councilman Bratton to approve minutes, with necessary corrections, if any. This motion passed and carried by a 7-0 voice vote. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (stems sha~~ he putted from the Consent Agenda at this time): Motion offered by Councilman Gilbert, seconded by Vice Mayor Watson to approve the official agenda. This motion passed and carried by a 7-0 voice vote. 6. PRESENTATION(S) None 7. CONSENT AGENDA Cyril Saiphoo read into the record the procedure and process used for this Quasi-Judicial proceeding. The City Clerk swore in all parties participating in this Quasi-Judicial Proceeding. Zoning Minutes February 4, 2009 Page 1 of 8 RESOLUTION N0.2009-28-973 7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING A WAIVER OF PLAT FOR PROPERTY LOCATED AT NORTHWEST 183RD STREET AND NORTHWEST 6TH COURT, MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, seconded by Councilman Bratton to adopt this item. This motion passed and carried by a 7-0 voice vote. 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 SUBMITTED BY RUFUS JOSEPH FOR THE REZONING OF PROPERTY GENERALLY LOCATED AT 660 NORTHWEST 199TH STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO FOR A DISTRICT BOUNDARY CHANGE FROM RU-1, SINGLE-FAMILY RESIDENTIAL DISTRICT TO RU- SA, SEMI-PROFESSIONAL OFFICE DISTRICT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Robert Holland on behalf of Rufus Joseph appeared before the City Council, seeking a zoning change from a RU-1, single family residential district to a RU-SA, semi-professional office district on a property located at 660 NW 199th Street; just one home east of 7th Avenue. They are requesting this with the intent to create a small pediatrics office to serve the infants and children of Miami Gardens. It is a small operation because Dr. Joseph has offices in Miramar and Liberty City. There are several accompanying variances that come with this request, which are for the most part request made to keep the neighborhood character of the existing street. Mr. Holland stated that he would like to withdraw the waiver for the wall; Dr. Joseph has no problem with providing a five foot wall around the facility. He reiterated that the whole intent of this application is to provide a pediatric facility. Mr. Holland shared the history of the area around 199th Street and how many of the homes that were built in the area were built with much smaller roadways. However, the roadway was later expanded by Miami Dade County for the stadium and the deteriorate values of the homes. Some options to improve this corridor would be to allow some responsible neighborhood friendly office Zoning Minutes February 4, 2009 Page 2 of 8 growth around that corridor that could benefit that area. First this could increase those values of the homes because you create the potential of the homes having commercial activity. Secondly it increases the values of the home but not the ad valorum taxes. Thirdly it would restore the tranquility and safety of the neighborhood by buffering anterior road traffic. Mr. Holland stated the residents of Miami Gardens can benefit as a whole by integrating commercial and residential use along this corridor. Because when you think about it, it is a major street that is untapped for commercial activities. This is beneficial because commercial property is taxed at a much higher rate which would lead to more revenue for the city. Another route the council could take would be to create a Community Redevelopment Agency around this corridor which captures a lot of funds from the commercial growth and re-invest back into the affected community. Mr. Holland continued to address staff s comments outlined in the back-up information on this item. As it relates to the consistency to the Comprehensive Development Master Plan, this applicant meets all of this. Usif Asshim, engineer/architect of the project, appeared before the City Council. He presented information to the City Council as it related to the site plan, parking, landscape and facade of the property. Rufus Joseph, 3220 South Douglas Road, Miramar, FL. appeared before the Council. He shared his interest in seeking out this location to practice and assist the community. He express that if his presence will cause the values of the neighboring homes to go down, he does not want to be there. Mayor Gibson opened the floor for public comment. Cyril Saiphoo, Zoning Administrator, shared a letter in regards to this item. With there being no further comment from the public the Mayor closed the floor for public comment. Mr. Saiphoo briefly went over the four major issues of staffs recommendation of denial; which are not consistent with the CDMP. Jay Marder, Director of Development Services,said as it relates to the zoning policy, we try to avoid spot zoning which is what we are facing here. Mr. Holland stated that he understands staff position and responded to each of staff s four major issues. Lastly he opined his client feels this area is right for some commercial activity because this is a small operation as it relates to a pediatric facility; which is neighborhood friendly. He asked for the Council's support on this item. Sonja Dickens, City Attorney, clarified two different concepts between Zoning and Comp Plan within the agenda package. She stated that she did not want the two to be confused with one another. She furthered defined the definition of spot zoning. Zoning Minutes February 4, 2009 Page 3 of 8 Councilman Bratton questioned the number of employees that will be working at the facility and how this activity would affect parking. Mr. Holland responded three employees which will be transferred from the Miramar facility. They will not affect that parking because you will only have one van from the Miramar office. He furthered stated that the patients would be seen by appointment only. Councilman Gilbert questioned if a car driving westbound on 199th Street from S.R. 441 how would it enter the property. Mr. Holland replied that there is a turning lane. Mayor Gibson closed the public hearing portion of this item. Councilwoman Pritchett asked if staff's recommendation is for denial. Mr. Marder responded yes. Councilwoman Pritchett recognized that there was an error within the ordinance which noted staff recommends approval of the application. Attorney Dickens confirmed it was an error. It should read denial and that the applicant is inconsistent. Councilwoman Pritchett also acknowledged that the letter that was provided to the council in regards to this application from Pat Wells was against the rezoning and staff's recommendation to deny. Councilman Williams asked what the history of ownership of this home. Mr. Holland responded that it has been foreclosed for a year and Mr. Rufus is looking to convert it to a pediatric office. Councilman Williams asked what is the patient population in Miami Gardens. Dr. Rufus responded 20 patients. Councilman Williams asked if he plans to grow his cliental. Dr. Rufus responded that everyone inspires to grow however they plan to keep it as a satellite office for appointments only. Councilman Williams asked how many persons did they plan to serve on a given day. Zoning Minutes February 4, 2009 Page4of8 Dr. Rufus replied about 15 patients per day. Councilman Campbell stated that the rational by the applicant is a good one however the only problem is that it is a problem for zoning. He would have no problem with this item if it was starting it at the home near the CVS located on S.R. 441. But it is 3/4 a mile away and according to the zoning it is not compatible. Councilman Campbell questioned the general conditions of the neighboring homes. Mr. Marder stated that they can look into that. Councilman Gilbert asked why this would not be considered a spot zoning. Mr. Holland responded that it will not be considered spot zoning because of the criteria that speaks to the corridor itself as it relates to economic welfare of the community; and when you look across the street there is a dump station. It is consistent to the CDMP. Councilman Gilbert asked if Mr. Holland would concede that no place around the property has the type of zoning that the applicant is requesting. Mr. Holland conceded that the properties on either side and behind do not have the zoning that his applicant is requesting. However across the street you have the dump station and the fire station are non-residential. Attorney Dickens added that this would be the only area zoned like this. Councilman Gilbert questioned, if we approve the zoning and the doctor decides to move out does that zoning still applies to that property. Manager Crew responded yes. Manager Crew cautioned the City Council that this is a significant act that the applicant is requesting. He recalled that one of the things council did not like since he has been City Manager was how Dade County would throw in improper uses within residential areas. This would be something the Council would consider if there was no other viable property around for this use. As you all know we have a number of vacant properties around 27tb Avenue, 183rd Street and S.R. 441 that this use could be used. He furthered said once we do this it could never be taken back. This could cause that domino effect that would ultimately destroy a neighborhood and street by attracting more traffic thru a road that is heavily used already. Motion offered by Vice Mayor Watson, seconded by Councilman Gilbert to deny this application passed and carried by a 6-1 vote. Councilman Campbell Yes Councilman Gilbert Yes Zoning Minutes February 4, 2009 Page 5 of 8 Councilwoman Pritchett Yes Vice Mayor Watson Yes Councilman Williams No Councilman Bratton Yes Mayor Gibson Yes 11. CITY MANAGER'S REPORT 11-A) City Zoning Code/Land Development Regulations -Summary Mr. Marder reported to the City Council the issues that they have had with the Iller Planning Group in developing the zoning code, which resulted in termination of the contract with Iller Planning Group. Staff is seeking to move on and get another company in getting this done. Mayor Gibson questioned the timeline. Mr. Marder responded that he still expects to have this project completed in this year but maybe not in this fiscal year. Mayor Gibson asked if we will continue to have Miami Dade County Code. Mr. Marder replied yes. Councilman Williams asked if there will be any cost overruns. Mr. Marder stated that right now staff is determining if it is feasible with approximately $75,000 remaining from the previous contract on whether to move forward with another consultant. Councilman Williams asked if they make a decision to go with another consultant does it have to come back to the Council. Mr. Marder stated it will only come back before the Council if the cost is more than the Manager's spending ability. Councilwoman Pritchett questioned whether it may cost more than $50,000. Mr. Marder stated that it could. Councilwoman Pritchett asked how much have we paid so far. Mr. Marder responded we have paid $56,848.50 which included a $25,000 grand from DCA. So the city has only paid $31,848.50. Vice Mayor Watson asked for clarification on why we would need to go with another consultant. Zoning Minutes February 4, 2009 Page 6 of 8 Mr. Marder clarified the different issues with the current consultant as it relates to developing the code. Councilman Bratton asked how will the money from the stimulus be funneled down to us. Mayor Gibson stated that it seems that it will go to the States and then the State will give it to the Counties and the County will disburse it to the City. However we will know definitely what is final when it comes out of the senate. Councilman Bratton asked if it is true that the state will be able to take off 10% from the top. Mayor Gibson opinioned that yes the State will be able to take some off as too the county will be able to take some off until it is disburse to the City. Vice Mayor Watson voiced her concern on receiving federal funding channel thru certain directions. Mayor Gibson stated that when these funds come down the pipe lines they come with certain parameters. What they are really looking for is cities that can produce projects that can offer a lot of jobs. Vice Mayor Watson asked how many projects has the City identified. Manager Crew responded that we have sent our list of twenty projects but there is very few that fall within the three month guideline that they were initially talking about. This meant you had the plans already sitting there and ready to be developed. Councilman Gilbert asked what is the timing for building City Hall. Manager Crew informed that it would take 8 or 9 months. Councilman Gilbert asked when those staff plan on getting this process started. Manager Crew acknowledged that staff has already started the project looking to award the design in 3 to 4 months. Councilman Gilbert asked when would the City need to tell the federal government that we will have it ready. Manager Crew stated that has not been determined yet. Councilman Gilbert affirmed that he would like the City Hall Project to be first priority. Zoning Minutes February 4, 2009 Page 7 of 8 Councilman Williams asked if we can get a report from either the City Manager or our lobbyist laying out the stimulus package. There being no other business to come before this Body, and upon a motion being duly made, Zoning Minutes February 4, 2009 Page 8 of 8 the meeting adjourned at 8:25 p.m.