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January 7, 2009CITY OF MIAMI GARDENS REGULAR ZONING MINUTES JANUARY 7, 2009 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, January 7, 2009, beginning at 7:14 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 and Council members Aaron Campbell Jr., Andre Williams, Melvin L. Bratton, and Oliver G. Gilbert III. Councilwoman Sharon Pritchett arrived at 7:20 p.m. Vice Mayor Barbara Watson was absent due to illness. Motion offered by Councilman Gilbert, seconded by Councilman Campbell to excuse Vice Mayor Watson'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 and City Clerk Ronetta Taylor. 2. INVOCATION: Invocation delivered by Councilman Campbell. 3. PLEDGE OF ALLEGIANCE: Pledge of Allegiance recited in unison. 4. APPROVAL OF MINUTES: 4-A) Zoning Meeting Minutes -December 3, 2008 Motion offered by Councilman Campbell, seconded by Councilman Bratton to approve the minutes, with necessary corrections, if any. 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (items shau be putted from the Consent Agenda at this time): Motion offered by Councilman Williams, seconded by Councilman Bratton to approve the official agenda with necessary additions/deletions, if any. This motion passed and carried by a 5-0 voice vote. 6. PRESENTATION(S) 6-A) Zoning Code Review Schedule and Draft -Part Two of Zoning Code Jay Marder, Development Services Director, introduced Todd Miller of Iller Planning Group to do a brief overview presentation of the structure of the City's Zoning Code. Zoning Minutes January 7, 2009 Page 1 of 11 Todd Miller, Senior Planner from Iller Planning Group, informed the Council that Iller Planning Group has been working with the City for the past year or so. Back in April a workshop/introduction meeting was held. In addition, Schedule "F" ,the planned corridor district regulations. He proceeded to go over a PowerPoint presentation before the Council, which is attached here as exhibit A. Mayor Gibson questioned the rationale of staying with Miami-Dade County Code as Mr. Todd made many references to using Miami-Dade County Code, since we are writing our own zoning code. Mr. Miller responded that he believed that this is the direction Staff decided based upon not creating too many non-conformances. Jay Marder added that we can change it. It seems that whenever we come up with these the systems seems to work pretty good bringing these types of uses to the City Council. We kind of took that approach with adult entertainment and left it alone at this point without further direction for the Council. Mayor Gibson asked if the County Code supersedes what we will be doing with our Code. Jay Marder replied that our Code will apply to the City. Mayor Gibson shared her reasoning for her previous question is because we have some adult entertainment establishments that are in areas that if they are destroyed they cannot be rehabbed; they would have to re-locate to the proper zoned areas. She furthered asked if this will still be applied with our new code. Jay Marder indicated yes. Mayor Gibson suggested that staff look into this to make sure that it is more applicable to the City. She expressed concern about the distances that will apply to this, making sure that it is concise to the industrial area. Councilman Bratton asked for clarification as to the determination on how the hours of consumption of alcohol were decided. Jay Marder replied that it is a vestige of the County's code; staff's intent was not to change it to open up a hole that somebody can climb thru. He stated that he did not know how those hours were chosen. Councilman Bratton stated that the term adult entertainment is pretty vague. Mr. Marder said the definition is pretty detailed within the agenda back-up. Councilman Bratton asked if you can add any type of adult entertainment organization. Zoning Minutes January 7, 2009 Page 2 of 11 Mr. Marder stated yes. City Attorney Sonja Dickens shared a question by Councilman Bratton, which it looks like according to the draft that the Casino is not allowed to sell alcoholic beverages during the times that they would like too. Mayor Gibson directed staff to make sure that it is indicated within the Code properly. Councilwoman Pritchett asked if staff would consider having the Existing and Proposed Zoning Districts Table that's included in the back-up available for the public during the scheduled public hearings. Mr. Marder replied he will be sure to do that. Councilwoman Pritchett asked what is a RU-1M Mr. Marder shared that it is the modified single family zone that is in place right now. Councilwoman Pritchett requested that information be included in the information sheet that was provided on the last page of the Agenda for informational purposes because she did not see it. She furthered emphasized the importance to letting the public have the ability to following along what staff will be presenting during the workshops and public hearing. Mr. Marder stated that it is a good idea. Staff will also be sure to provide maps for the existing and the proposed zones. Councilwoman Pritchett asked if the PD planned development areas indicated on the map are the same of those formerly community development districts. Mr. Marder informed Councilwoman Pritchett that it does not relate to community development districts. Those are just some areas that have planned mixed uses master plans in place such as the Stadium, Calder, Majorca Isle, and the Schools. Councilwoman Pritchett indicated that Majorca Isle is a community development district. She wondered if planned district in our lingo ends up being the same as community development district. Manager Crew stated that it could be but not necessarily, community development district is more of a financing mechanism. It has nothing to do with the land use itself. After there were no further questions or comments this presentation concluded. 6-B) Subsidized Housing -Follow Up Manager Crew shared with the Council that since the last meeting, there has been two Zoning Minutes January 7, 2009 Page 3 of 11 applicants come in for multi-family unit rezoning. As we know staff has been spending some time doing studies on this matter and we still have some more time to go to make sure that this City's mix of multi-family vs. single family is similar to what it is now. Because there seems to be a rush to come in with these projects, this morning he put on an administrative moratorium pending the approval of a formal moratorium which will be coming to Council for approval in an ordinance format. He indicated that he will be requesting a 6 month moratorium so that staff can finish up with its study and come up with possible solutions to see what direction the Council wants to go. Mayor Gibson asked if the Manager had discussion with the attorney on administrating moratorium. Manager responded yes. Councilman Williams asked is it will be laid out clearly in the future. Attorney Dickens added that it will come to the Council as a moratorium and then after the result of the study we will bring back some clarity. Councilwoman Pritchett asked if 6 months was sufficient time. Manager Crew stated he may request more after he discusses this matter with the City Attorney. 7. CONSENT AGENDA RESOLUTION N0.2009-01-946 7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ACCEPTING THAT CERTAIN DEDICATION FROM THE SOUTH FLORIDA EDUCATIONAL FEDERAL CREDIT UNION OF A PARCEL OF LAND FOR INSTALLATION OF A TEN (10) FOOT WIDE SIDEWALK IN CONNECTION WITH AN ADMINISTRATIVE SITE PLAN APPROVAL AS SHOWN ON EXHIBIT "A" ATTACHED HERETO; 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 approve this item. This motion passed and carried by a 6-0 voice vote. 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) Zoning Minutes January 7, 2009 Page 4 of 11 ORDINANCE N0.2009-O1-173 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, EXTENDING THE MORATORIUM ON PROCESSING OF DEVELOPMENT APPLICATIONS FOR ASSEMBLY USES IN RESIDENTIAL ZONING DISTRICTS INCLUDING, BUT NOT LIMITED TO, SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL ZONING DISTRICTS FOR AN ADDITIONAL TWELVE (12) MONTH PERIOD; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1St Reading -December 3, 2008) Mayor Gibson opened the floor for public this public hearing. After there were no interested parties to speak on this item, the public hearing was closed. Attorney Dickens stated that this was a moratorium proposed by the Attorney's Office at the Manager's request. She opined the County's code has some issues on how it treats religious assembly versus regular assembly, so we definitely do not want to have those same issues in our own zoning code. The moratorium will stay in effect until we put our zoning code in place. Councilwoman Pritchett asked if this will be enough time. Manager Crew said this should be good. There being no discussion on this item, the motion to adopt passed and carried by a 6-0 vote. Councilman Campbell: Yes Councilman Gilbert: Yes Councilwoman Pritchett: Yes Vice Mayor Watson: Not Present Councilman Williams: Yes Councilman Bratton: Yes Mayor Gibson: Yes ORDINANCE N0.2009-02-274 9-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ADOPTING AMENDMENTS TO THE CITY'S SIGN CODE AS ADOPTED BY ORDINANCE NO. 2008-04- 140, AMENDMENTS MORE PARTICULARLY DESCRIBED ON Zoning Minutes January 7, 2009 Page 5 of 11 EXHIBIT "A" ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE; PROVIDING FOR A DEFINITION AND REGULATIONS FOR MASCOT/FIGURINE/COSTUME SIGNS; PROVIDING FOR AMENDMENTS FOR REAL ESTATE SIGNS; PROVIDING FOR AMENDMENTS TO WALL SIGNS; PROVIDING FOR AMENDMENTS TO MONUMENT SIGNS; PROVIDING FOR AMENDMENTS TO WINDOW SIGNS; PROVIDING FOR AMENDMENTS TO BANNER SIGNS; PROVIDING FOR AMENDMENTS TO PROHIBITED SIGNS; PROVIDING FOR PENALTIES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1St Reading -December 3, 2008) Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing was closed. Manager Crew stated that this is the new sign code that we have been working on for a while thru compromises and workshops. He recommended moving forward with it. Councilwoman Pritchett shared that she was grateful to staff and residents for working together, especially as it relates to, real estate signs, banner, and mascot figurine signs. This is a good reflection of what we were able to accomplish successfully as we move forward. There being no further discussion on this item, the motion to adopt passed and carried by a 3- 2 vote. Councilman Gilbert: Councilwoman Pritchett Vice Mayor Watson: Councilman Williams: Councilman Bratton: Councilman Campbell: Mayor Gibson: No Yes Not Present Out of the Building No Yes Yes 10. RESOLUTION(S)/PUBLIC HEARING(S) RESOLUTION N0.2009-02-947-Z-83 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING AN APPLICATION SUBMITTED BY CALDER RACE COURSE, INC., FOR A MODIFICATION OF CONDITION NO. 1 OF THE PREVIOUSLY APPROVED RESOLUTION # Z-296-79; AN UNUSUAL USE TO PERMIT A PROPOSED CASINO GAMING OPERATION; A Zoning Minutes January 7, 2009 Page 6 of 11 SPECIAL EXCEPTION TO SPACING REQUIREMENTS AS APPLIED TO ALCOHOLIC BEVERAGE USE TO PERMIT THE PROPOSED CASINO GAMING OPERATION TO BE SPACED LESS THAN THE REQUIRED 2,500 FEET FROM A PUBLIC SCHOOL; AND A NON-USE VARIANCE OF ZONING REGULATIONS LIMITING THE SALES OF ALCOHOLIC BEVERAGES FOR CONSUMPTION ON PREMISES ON WEEKDAYS BETWEEN THE HOURS OF 8:00 A.M. AND 1:00 A.M. OF THE FOLLOWING DAY, AND ON SUNDAY, BETWEEN THE HOURS OF 5:00 P.M. AND 1:00 A.M. ON THE FOLLOWING MONDAY TO ALLOW THE SALE OF ALCOHOLIC BEVERAGES 24 HOURS A DAY 7 DAYS A WEEK; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (Deferred from December 3, 2008) Alan Krischer of the Law office of Holland & Knight LLP appeared before the Council representing that applicant Calder Racecourse Inc. He stated that they have been working closely with City Staff over the last several months and has had the opportunity with the deferral last month to provide additional information. He indicated that staff has complied a very lengthy recommendation package of analysis and documentation that concluded that the request is consistent with the City's master plan, meets the criteria of the City's zoning code, and recommending approval of the application. He concluded that Calder agree with staff's recommendation and conclusion. Mayor Gibson opened the floor for this public hearing. After there were no interested parties to speak on this item, the public hearing was closed. Councilman Bratton asked if all of his questions earlier were answered correctly. Jay Marder replied yes. Councilman Bratton questioned the Color of the building. Peter Fabian, project architect, responded that the colors will certainly be warm natural colors, and certainly colors that will be complementary to the neighborhood. We are looking at a natural green color with off white. Councilman Williams shared his excitement of this operation coming to Miami Gardens and Calder Race Course has been a great public partner over the years. He encouraged Calder to continue with that commitment. He acknowledged that there is a variance that allows Calder operate 2500 feet away from a school; he asked what school is that. Mayor Gibson replied Robert Renick on 207th Street. Zoning Minutes January 7, 2009 Page 7 of 11 Councilman Williams hope that Calder would make a commitment in supporting that school once Calder becomes operational. Tom O' Donald, President of Calder Raceway, informed Councilman Williams that Calder currently commits $15,000 a year to the school and has been doing this for the past ten years. And they will certainly continue that commitment. Councilman Williams asked if they will make some kind of offering that local businesses can participate in the construction of the facility by hosting a job fair or subcontracting fair with your developers here at the City. Mr. O' Donald indicated that Churchill Downs, Inc. has its own percentages that it would like to see when we are out and doing development. When it comes to the employee side we will have somewhere between 215 to 300 jobs, we clearly attend to offer first opportunity for jobs to the people of Miami Gardens and surrounding areas. We will advertise locally, training and job fairs onsite and offsite. Manager Crew shared that the City has a vendor list that can be provided to assist in have vendors come in for the job fairs. Councilman Williams asked if we need anything more substance to than their word. Attorney Dickens replied that it would be up to the Council, however as it relates to zoning approvals you would have to make sure that whatever your request that it is reasonable to the application before you. Mr. O' Donald shared that as relates to gaming requirements of the State of Florida, the State has requirements as it relates to Councilman Williams question. Mr. O' Donald introduced the team that will be working on the Calder Project. Major Gibson indicated that the City does have an Education Compact and would like to capture what Calder is doing with the school. There being no discussion on this item, the motion to adopt passed and carried by a 6-0 voice vote. RESOLUTION N0.2009-03-948-Z-84 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY DOTHLYN MORRIS, FOR PROPERTY LOCATED AT 4355 N.W.197th STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FOR ANON-USE VARIANCE OF SECTION 33-50 OF THE ZONING CODE TO ALLOW AN EXISTING SINGLE FAMILY RESIDENCE WITH A Zoning Minutes January 7, 2009 Page 8 of 11 REAR YARD SETBACK OF 12.8 FEET WHERE MINIMUM 25.0 FEET IS REQUIRED; FOR ANON-USE VARIANCE OF SECTION 33-50 OF THE ZONING CODE TO ALLOW AN EXISTING SINGLE FAMILY RESIDENCE WITH A FRONT YARD SETBACK OF 23.1 FEET WHERE MINIMUM 25.0 FEET IS REQUIRED; NON-USE VARIANCE OF SECTION 33-49 OF THE ZONING CODE TO ALLOW AN EXISTING SINGLE FAMILY RESIDENCE WITH A LOT COVERAGE OF FORTY-FIVE PERCENT (45%) WHERE A MAXIMUM OF THIRTY FIVE PERCENT (35%) IS ALLOWED; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Dothlyn Morris, 4355 NW 197th Street Miami Gardens, FL, appeared before the City Council. Mayor Gibson asked if Ms Morris understood why she was here before the Council. Ms. Morris stated she was not sure why she was before the Council. Maybe the person who put her paper work together knows why. Jay Marder added that the applicant's contractor put all of the paper work together. Basically came thru the building permit process where she is adding a master bedroom and there is some un- permitted areas in the back that was picked up in the review process when it came over from the Building Department to the Zoning function. All of the proper paperwork and plans have been set forth and the site has been inspected. There are no documented actions of code violation that the City knows of. Mayor Gibson asked if the applicant is aware that she needed to come into compliance by coming before the Council. Jay Marder stated that applicant may have thought just by signing the application that everything was approve and that she did not have to come before Council. He did explain to her the process and had her come to tonight's meeting. Ms. Morris responded yes and that her building is already up and approved. Mayor Gibson interjected that the building has not been approved and at this point; the only part that is approved is what she purchased, not the additions. Ms. Morris stated that the building has been approved and she has a building permit. This has been a matter for over 5 years. It started from downtown Miami and the permit expired down there. Then they informed her that she needed to come to Miami Gardens. Zoning Minutes January 7, 2009 Page9of11 Jay Marder added that there are applications but there is no permit, this is one of those hang over from the county. Major Gibson commented that Ms. Morris applied for a permit but never got the permit. Councilman Gilbert asked if this is her home. Ms Morris responded that it is her home. Councilwoman Pritchett stated it is important that Ms Morris understands that staff recommends that she complies with all of the required permits within a twelve month time frame. If she does not comply by that time this agreement will be voided and she may be assessed fines for not being complied. Ms Morris responded that she understands. Councilwoman Pritchett encouraged Ms. Morris to work with staff to make sure that she gets the required permits. Councilwoman Pritchett noted a scrivener's error because it has the wrong property street address within the back-up and the spelling of the letter is correct for public record purposes. Councilman Williams asked if Ms Morris is currently working with a contractor that will help her during the process. Ms Morris stated yes. Mayor Gibson opened the floor for public hearing. After there were no interested parties to speak on this item, the public hearing was closed. Cyril Saiphoo, Zoning Administrator, indicated that an objection letter has been provided to Council. Councilman Gilbert stated that the letter stated she was renting the property. Other oath she indicated she was actually living in the house. Manager Crew informed Council that the letter stated that she collects a homestead on the property and doesn't live there. But she stated that she does live there. There being no further discussion on this item, the motion to adopt passed and carried by a 6- 0voice vote. Mayor Gibson informed Ms Morris that she is able to move forward with staff to get all of the required documents from the City to now come into compliance. Zoning Minutes January 7, 2009 Page 10 of 11 11. 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 8:36 p.m. Attest: Shirl son, ayor ,~ s __ ,~f-a-,~~-.- onetta Taylor, MM ,City Clerk Zoning Minutes January 7, 2009 Page 11 of 11