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March 4, 2009ZONING MINUTES -MARCH 4 ~ 2009 CITY OF MIAMI GARDENS REGULAR ZONING MEETING MARCH 4, 2009 1. CALL TO ORDER/ROLL CALL OF MEMBERS: The City Council sitting as the Zoning Board for the City of Miami Gardens, met in regular session on Wednesday, March 4, 2009, beginning at 7:10 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 Andre Williams, Melvin L. Bratton, Sharon Pritchett and Oliver G. Gilbert. Vice Mayor Barbara Watson was not present, Councilman Aaron Campbell Jr. was out of town. Motion offered by Councilman Gilbert, seconded by Councilman Bratton to excuse Vice Mayor Watson and Councilman Campbell absence. This motion passed and carried by a 5-0 voice vote. Also present were: City Manager Dr. Danny O. Crew, City Attorney Sonja K. Dickens, City Clerk Ronetta Taylor, Development Services Director, Jay Beckman and Planning Administrator Cyril Saiphoo. 2. INVOCATION: Councilman Gilbert delivered the Invocation. 3. PLEDGE OF ALLEGIANCE: The Pledge of Allegiance was recited in unison. 4. APPROVAL OF MINUTES: 4-A) Zoning Meeting Minutes -February 4, 2009 Motion offered by Councilman Gilbert, seconded by Councilman Bratton 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 (stems shau be putted from the Consent Agenda at this time): Motion offered by Councilman Bratton, seconded by Councilman Gilbert to approve the official agenda. This motion passed and carried by a 5-0 voice vote. 6. PRESENTATION(S) None Zoning Minutes March 4, 2009 Page 1 of 12 ZONING MINUTES -MARCH 4 ~ 2009 7. CONSENT AGENDA RESOLUTION N0.2009-57-1002 7-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, GRANTING APPROVAL OF A FINAL PLAT FOR PROPERTY GENERALLY LOCATED AT NORTHWEST 194TH TERRACE AND NORTHWEST 8TH COURT, MIAMI GARDENS, FLORIDA; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Motion offered by Councilman Gilbert, second by Councilman Bratton to approve the consent agenda. This motion passed and carried by 5-0 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 THE GATEHOUSE GROUP, INC. FOR THE REZONING OF PROPERTY GENERALLY LOCATED AT NORTHWEST 23RD AVENUE AND NORTHWEST 167TH STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FOR A DISTRICT BOUNDARY CHANGE FROM RU-1, SINGLE-FAMILY RESIDENTIAL DISTRICT AND BU1, BUSINESS NEIGHBORHOOD TO PAD, PLANNED AREA DEVELOPMENT DISTRICT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Mayor Gibson informed the Council that she is a member of the church; however she has no financial interest in this item. Nonetheless she recused herself from voting and having any discussion on this item. She passed the gavel to Councilman Gilbert. Attorney Dickens informed the Council and applicant that since the Mayor has recused herself from voting on the matter, the applicant would need all four members of the Council on dais tonight to vote yes on the item in order for it to pass. Additionally in the past the Council has given the applicant an option to defer the matter to the next meeting so that entire Council, excluding the Mayor, is present to hear the item, or the applicant may wish to move forward without the other two Council members tonight. Robert Holland, representing the applicant, stated his client wanted to move forward with the item tonight. Robert Holland appeared before the City Council representing the Gatehouse Group and New Zoning Minutes March 4, 2009 Page 2 of 12 ZONING MINUTES -MARCH 4 ~ 2009 Way Fellowship Baptist Church. He stated this application is related to a piece of property north of 167th Street and west of 23rd Avenue. The request is for a district boundary change from RU-1 and BU- 1 to a PAD. This application seeks roughly 306 units of housing with 150 units being senior living units and 156 units being family units. Additionally, that property has been vacant for quit sometime and owned by New Way Fellowship Baptist Church. Bishop Billy Baskin, Pastor of New Way Fellowship Church, appeared before the City Council to solicit approval for this application. He stated that he has come before the Council with the desire to develop the 13 plus acres of land to further serve the community needs of Miami Gardens, which the church has been serving for 33 years. Also he has gone thru several opportunities to develop the property for best use and enhancement of the City; making it a better place for its residents both present and future. They met with several developers to help them acquire ways to do this and was able to meet with Gatehouse because their desire completely agree with the desires of New Way Fellowship Baptist Church; building affordable housing that will service the people in this community. Bishop Baskin added that they have had community mail outs and two meetings with the community residents nearest to the project. Neighboring residents expressed to him that this is the kind of project they would like to see in their community. Also neighboring residents were able to visit other projects developed by the Gatehouse Group, and they were pleased as well. Bishop Catherine Baskin, of New Way Fellowship Church, appeared before the Council to further expound on this application. She added this property has been vacant for many years. Also they have gone thru a detailed process of selecting a developer to develop it. She conveyed her belief that they picked the best developer to develop the property. She opined this project will increase the value of this land and neighboring properties. Lastly, she asked the Council to please consider this project for approval. Attorney Holland submitted the list of participants who attended the two meetings and those who went on the tour of the other properties developed by Gatehouse Group in Dade County. Jim Koningisor, a representative from the Gatehouse Group, appeared before the City Council. He introduced individuals who will take part in this project. He added their objective is to bring high quality, well maintained, and well managed affordable housing to the City of Miami Gardens. He shared Gatehouse Group philosophy for developing and managing high quality affordable housing, and how they differ from other developers. He stated that affordable housing is Gatehouse only business. None of their properties are for sale; they are owned and managed by Gatehouse Group. Additionally, he shared a slide show of other developments in the Miami area, testimonies and how their properties are managed. Mr. Koningisor enlighten the Council of their plans that both Gatehouse and New Way Fellowship Baptist Church of this project. He stated this type of affordable housing is not in the form that it is paid by some type of government funding but by individuals who have an income and pay their own rent. However, they do adjust the rent so that it is affordable for its residents. The development will consist of two components one is to serve residents over the age of 55, and working families. In both components 10% of the units are reserved for residents earning less than 33% of the area median Zoning Minutes March 4, 2009 Page 3 of 12 ZONING MINUTES -MARCH 4 ~ 2009 income and 90% of the units are reserved for residents earning less than 66% of the area median income. Rent for seniors will range from $290 a month to $720 a month depending on the number of occupants and the number of bedrooms. Rent for families will range from $290 a month to $830 a month depending on the number of occupants and the number of bedrooms. Mr. Koningisor shared details of the senior component, the Jasmine. This component will house 150 units for ages 55 and older, which include 70 one-bedroom, one-bath units and 80 two bedrooms two-bath units. These units will be housed in five story buildings. He also shared the landscaping, parking, amenities and clubhouse of the Jasmine component. Mr. Koningisor continued to share the details of the family component, the Loral. This component will include 156 units for working families, including 42 one-bedroom one-bath units, 78 two bedrooms two bath-units, and 36 three bedroom two-bath units. These units will be housed in three story buildings. He also shared the landscaping, parking, amenities and clubhouse of the Loral component. Mr. Koningisor reported the one significant information that emerged from the two community meetings pertains to NW 23rd Avenue, as you know it is currently not built. Residents unanimously indicated that NW 23rd Avenue be built thru all the way from NW 167th Street to 171St Terrace. He shared the developer plans to build NW 23rd Avenue per City requirements. However, they are proposing that the City allow them to not build it thru but only to construct the front portion to provide access only from 167th Street, which is the wish of the residents. He then showed slides of the proposed ways the road can be built. He also made mention to plans for a pedestrian connection and preserving/replacing the trees on the site. Lastly, Mr. Koningisor added that the development would create new jobs. It would create 100 construction jobs and a dozen well paying jobs. In this regards Gatehouse Group, in conjunction with New Way and the City, will do a lot of outreach to hire local neighborhood residents and businesses for both of construction and permanent jobs; and also local contractors to help build the development. Attorney Holland acknowledged staff's recommendation of denial and disagreed with it and reasoning for the denial. He added this development is consistent with the City's Comprehensive Development Master Plan and Land Development PIan despites staff's recommendation within the Agenda package. He also noted all the changes the applicant has made to the project due to various City policies. The Plan currently meets all City policies. He made note that the applicant has no problem building out 23rd Avenue. Attorney Holland added the Police, and Building Department s recommended approval subject to conditions and Public Works Department recommends denial with no justification. He conveyed his lack of understanding for the recommendation of denial. What the Council sees today is a quality development. He conveyed his desire that the Council and staff would be able to visit the other developments the Gatehouse Group has built in with Miami Dade County, to witness the quality of living they provide. Cyril Saiphoo, Zoning Administrator, gave the reason why the Planning and Zoning Zoning Minutes March 4, 2009 Page 4 of 12 ZONING MINUTES -MARCH 4 ~ 2009 Department recommended denial. One reason was it did not meet the objective of the low density designation of the Comprehensive Development Master plan, which protects single family neighborhoods from intrusion of incompatible uses. And there is no transition of uses here. Secondly the purpose and intent of the PAD, which encourages the fulfillment of housing needs appropriate to various lifestyles and income levels, which encourages the integration of different housing types within a development, does not apply here. Trying to meet the purpose and intent of the PAD with this project is very difficult. Thirdly is the amount of RU-1 land the City has. He referenced page 43 of the agenda package in regards to this matter, and stated this project will take away the available land for single family housing with this project. He stated at this time staff is not in support of this project. Councilman Gilbert opened the floor for this public hearing. All in favor or in opposition of this item were afforded an opportunity for comments. Rev. Gerald Kisner, Pastor of Tabernacle Baptist Church is West Palm Beach Florida, appeared before the City Council in support of this item. He stated that thru their partnership with Gatehouse Group they have a 53 unit development. They have been partners with Gatehouse Group for 10 years. Over the years the Gatehouse Group has shown a willingness to be intimately involved in the life of the neighborhood, by working with the police department on security issues and providing a number of activities for the residents. Prior to the development this was a vacant lot with trash. Lastly, he commented that Gatehouse Group is a viable outstanding group of individuals, made of integrity, manage properties very well, they're open to input from the residents, and based on his experience it will enhance the area they are looking to develop in Miami Gardens. Councilman Bratton inquired about the type of development in West Palm Beach. Rev. Gerald Kisner responded that they built 53 single family houses rather than amulti- housing development with the same concept that they proposed tonight. They are rental houses right now and ultimately will be turned into home ownership. Attorney Dickens added in that particular project, an agreement was entered into whereby the people would rent the property for a fifteen year period and whoever was renting the property after that period would be able to own the property. Carrol G. Roberts, a representative of the Church of God By Faith, 870 NW 170th Terrace, Miami Gardens, FL appeared before the City Council in favor of the item. He stated that he has taken the tour of other Gatehouse facilities and was very pleased with what they saw. Additionally they believe that Gatehouse would carry over that same integrity into this development. Also due to the covenant that was talked about both legal and verbal Gatehouse would follow thru on their promises. Therefore they endorse this project very highly. Frank Handerson, 1840 NW 167th Street, Miami Gardens, FL 33054 appeared before the City Council in favor of the item. He stated that he has resided in this neighborhood for 55 years and thinks that the development of this property will enhance, improve, and increase the value of the neighborhood. Zoning Minutes March 4, 2009 Page5of12 ZONING MINUTES -MARCH 4 ~ 2009 Maggie L. Carwell, 2351 NW 172th Terrace, Miami Gardens, FL appeared before the City Council in favor of the item. She shared that she was impressed with the way the other developments from Gatehouse Group were developed, maintained and secured. She added this is not your typical low income houses that the county develops and poorly maintains. Additionally with this present economy we need as many jobs as we can possible get. The jobs for this project will be pulled from the area in which we are living in. Elvis Brazil, 16969 NW 23rd Avenue, Miami Gardens, FL appeared before the City Council in favor of the item. He conveyed his hopes the Council would support this item because this project will develop and drive the community by supplying much needed jobs. Sporty Young, 19023 NW 23rd Avenue, Miami Gardens, FL appeared before the City Council in favor of the item. He shared that he was impressed during his tour of the other developments own and managed by Gatehouse Group. What impressed him the most was the vast amount of security cameras they had in place. Betty J. Gabriel, 17140 NW 24th Avenue, Miami Gardens, FL appeared before the City Council in favor of the item. She questioned staffs' concern and asked if the property was changed from an RU-1 zoning designation to a PAD designation it would be hard to change it back to a RU-1 designation in the future. Councilman Gilbert in response to Ms. Gabriel's question replied, "Yes." Ms Gabriel continued to question if that is so would it cause for other things to happen on this piece of land on a more commercial level. Her reasoning for questioning this is because this project is a necessity for the community due to the fact that people are losing their homes and elderly residents need homes, and not just a rehab clinic. Attorney Dickens in response to Ms. Gabriel's question stated if somebody else came back in - the future to rezone there is the possibility a lesser commercial use as well as office uses could be permitted. Clarence Woods, 1427 NW 159th Lane, Pembroke Pines, FL appeared before the City Council in favor of the item. He stated that he is familiar with these types of development s thru his experience as a public servant. He opinioned this is the type of development that is truly needed in this area. He conveyed understanding of the concerns of the council, but would like the Council to consider the economics of this project; because this is the best type of project for these economic times. Fred L. Kemp, 20141 NW 14th Place, Miami Gardens, FL appeared before the City Council in favor of the item. He stated he is in favor because this is a different type of development. Why would we want to build single family homes on this piece of property and people will not be able to afford it. We should bring in low affordable housing into the City because in his travels around the City he see more and more homes with foreclosure signs on them. There being no more public comments in favor or in opposition to the item, the public hearing Zoning Minutes March 4, 2009 Page 6 of 12 ZONING MINUTES -MARCH 4 ~ 2009 was closed. Attorney Holland reappeared before the City Council and commented you heard some talk that this zoning designation has the possibilities to build some single family homes, but in all honesty it would not be to cost effective to do that. There is a blend of the housing income and housing types. This would cause an 8% reduction in RU-1 capacity, which he feels does not cause a major dent in the City's RU-1 capacity. This is a chance for the City to put some quality housing that we know will be maintained. He stated that he is looking forward to hearing some of the comments from Council to come up with ways to make sure the City is protected. He asked that the Council give this project some consideration. He also noted that no one has appeared before the Council in opposition. Councilman Bratton stated a lot of times those who are in opposition are afraid to come in and say anything. Attorney Holland in response to Councilman Bratton's comment stated in most cases you have a lot of people show up in opposition of certain projects and people in favor do not come out. Motion offered by Councilman Bratton, seconded by Councilman Williams to approve this item. Councilman Williams stated he is in support of this project and agrees with many of the points that were made. He said the PAD is to provide flexibility in planning design and development; encouraging innovative approaches to community environment and encourage the fulfillment to housing needs appropriate to various lifestyles and income levels. PAD is a special designation and we have had a few PAD developments that we have approved in the past that have been innovative like this project. Councilman Williams continued by stating he is very sensitive to the particular housing needs of the City. Miami Gardens has a 70% homeownership rate. He is not concerned on how this is going to impact the number of single family homes. He also knows that there is a lack of affordable housing and we do not have a transition for folks who are losing their homes thru foreclosure. This project can serve in that capacity. He stated that he is grateful that we have these types ofprojects being introduced to the City of Miami Gardens. Attorney Dickens advised the Council that if they are in support of this item that on second reading a Declaration of Restrictive Covenant, outlining everything that the engineer has said with respect to how Gatehouse operates, ownership, etc., will be provided. In addition the NW 23 rd Avenue issue needs to be dealt with. Staffrecommends that it be built out. She recommends that if the Council approve, with conditions. Manager Crew stated the reasoning staffwants NW 23rd Avenue built out is because of safety issues. He shared if this street is built out there would be four different ways to get in and out of that development, instead of one, which is proposed by the developer. Councilman Bratton questioned whether the developer wanted to build out NW 23rd Avenue. Zoning Minutes March 4, 2009 Page 7 of 12 ZONING MINUTES -MARCH 4 ~ 2009 Manager Crew in response to Councilman Bratton's question said staff is recommending and the developer is willing to do, but would rather not build it out. Councilwoman Pritchett stated which ever proposal in regards NW 23rd Avenue is accepted by the Council, the traffic in the area will still be intense. She hoped during the presentation of this item there was more discussion on the intensity of traffic that could be brought on by allowing this project, so that some remedies can be brought up to help reduce this. She noted the safety issues which were brought up by the managers. Councilman Bratton commented there were 112 pages in the agenda package about the traffic study and it was not mentioned in the presentation by the developer. Manager Crew referred to an aerial map of the property in question; to give details on the traffic issues staff believes will occur if this property was developed in the proposed way the developer is suggesting. It also shows how the build out of NW 23rd Avenue would relieve this traffic issue. Councilman Williams requested Attorney Holland respond to the traffic issues. Attorney Holland stated the traffic study was not mention in the presentation because it meets the level of service as it relates to the Comprehensive Development Master Plan. Also the developer does not have an issue with the build out of NW 23rd Avenue. He did offer an alternative if NW 23rd Avenue was not built out, to allow for emergency exits built on certain areas of the development. All the roads on the site will cooperate with all of the codes of the City. It is an issue on whether the traffic should be disbursed back into the community or fed off of NW 167th Street. A motion was offered by Councilman Williams to amend the resolution to authorize the City manager to negotiate the provisions of the covenant, build out ofNW 23rd Avenue, and any other issues that the Council agrees on. This motion was seconded by Councilman Gilbert. There being no further discussion on the amendment, the motion failed by a 2-2 voice vote. Councilman Bratton and Councilwoman Pritchett cast the dissenting votes. Councilman Gilbert under the advice of the City Attorney offered that Attorney Holland defer this item until more members of the Council are present. Attorney Holland stated the applicant did not want to defer this item because there are some time tables. There being no further discussion the motion failed on a 1-3 vote. Councilman Bratton No Councilwoman Pritchett No Councilman Williams Yes Councilman Gilbert No Zoning Minutes March 4, 2009 Page 8 of 12 ZONING MINUTES -MARCH 4 12009 Councilman Gilbert returned the gavel back to Mayor Gibson. The Council took a 10 minute recess. 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) None 10. RESOLUTION(S)/PUBLIC HEARING(S) RESOLUTION N0.2009-58-1003-Z-85 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY DANNY FELTON FOR PROPERTY GENERALLY LOCATED AT 580 NORTHWEST 183RD STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, FOR A DELETION OF A CONDITION OF A PREVIOUSLY ACCEPTED DECLARATION OF RESTRICTIONS, WHICH WAS RECORDED IN OFFICIAL RECORDS BOOK 26049 PAGE 2780, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, LIMITING THE USE OF THE PROPERTY TO A BEAUTY SALON AND TO THOSE USES PERMITTED IN THE RU-SA SEMI-PROFESSIONAL OFFICE DISTRICT; PROVIDING FOR CONDITIONS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) Attorney James Saunders, 15841 Pines Boulevard, Pembroke Pines, FL 33028 appeared before the City Council representing the applicant Expert LLC; whose principle is Danny Felton. He stated that the real issue is that back in 2007 Mr. Felton came back before the Council to approve a rezoning from a RU-1 to a BU-1. It was zoned at that time with full recommendations from City staff. Danny Felton, 580 NW 183rd Street, Miami Gardens, FL appeared before the City Council. He presented the Council with before and after pictures of how the property looked when he purchased it, and how the property looks after the improvements. He also gave a history on the property, the circumstances surrounding the Declaration of Restrictive Covenants. He stated that this application is requesting a modification of the Declaration of Restrictive Covenant to allow a clothing business at the property, instead of a beauty salon which was approved in 2007. Attorney Saunders reappeared before the Council and gave history on how the rezoning was passed previously for an RU-1 to a BU-1 with the approval of Ordinance No. 2007-14-127. He stated that the purpose of this item will not change the recommendations made by staff in 2007, which staff recommend approval. However staff has made a different recommendation on this item which is inconsistent to their recommendations from 2007. This item still meets the requirements and policy from 2007 because nothing has changed with the property. All that is being asked by the Council is that the limits be taken off this property to allow Mr. Felton to utilize the property. Zoning Minutes March 4, 2009 Page 9 of 12 ZONING MINUTES -MARCH 4 ~ 2009 City Clerk Ronetta Taylor informed the Council that Mr. Saunders is not registered as a lobbyist. Mr. Saunders responded that he thought for attorneys there was no need to register as a lobbyist. Mayor Gibson opened the floor for public comments. There being no comments from the floor she closed the floor. Motion to approve the item was made by Councilman Bratton and second by Councilman Gilbert. Manager Crew stated that if you take all of the uses off the covenant there are some of the uses that are allowed in that zoning category that would be inappropriate at that location. Councilman Pritchett asked for reasoning from staff why denial was their recommendation. Mr. Saiphoo stated the reasoning why the Beauty Shop was adopted was because of a permitting error by the City, which was that the City issued a permit for the Beauty Saloon. Hence why staff's recommendation was in favor of the RU-SA; now they have come back requesting for all BU-1 uses. There is uses in a BU-1 that staff deems inappropriate for this property because this property is not setup for major commercial uses. He referenced staff recommendations inthe Agenda Back-Up in detail. Lastly staff will look into having a neighborhood commercial zoning district which will consist of like uses within a BU-1 and RU-SA. Councilman Gilbert asked what happen to the Beauty Salon; why it is not in operation. Mr. Felton responded that they were unable to get approval from D.E.R.M. which hindered them from getting a Business License from the City. Councilman Gilbert commented why the City would approve something prior to the applicant getting a Business License. Attorney Dickens in response to Councilman Gilbert's comment clarified the Council approved the zoning only. If you want to have business on that property then you would have to apply for all permit, which are required by the City and County. Councilman Gilbert clarified that the City's pervious approval was ineffective. Councilman Williams asked if it would be appropriate instead of completely rezoning the propriety if Mr. Felton would be inclined to limit the use to the clothing and other recommended uses of staff. Councilman Pritchett asked if staff gave Mr. Felton the same list that was given to staff on the similar uses that are allowed in BU-1 that are also allowed in a RU-SA. Zoning Minutes March 4, 2009 Page 10 of 12 ZONING MINUTES -MARCH 4 ~ 2009 Mr. Saiphoo responded yes. Councilman Gilbert asked if this new use proposed by Mr. Felton will impose more intensity than a beauty salon. Mr. Saiphoo responded no, but that is not the reasoning for staff recommendation. Staff s reasoning for denial is the deletion of the previous condition which would then allow all uses in a BU- 1. Councilman Gilbert asked if staff had discussions with the applicant on adding limitation instead of changing the use. Mr. Saiphoo in response to Councilman Gilbert's question shared staff has had late correspondence with the applicant on a list of uses they would want staff to consider instead of having all of the BU-1 uses. Mayor Gibson asked that the correspondence that staff, applicant and the manager have discussion on this proposed list be further expounded on. Attorney Saunders responded that they will gladly sit down with staff and go over those BU-1 uses that will be allowed. The Council gave staff and Mr. Felton an opportunity to agree on the uses that would be allowed. As a result of the discussion staff provided Council with a list of highlighted uses that would be allowed with certain deletions that will be permitted. This list was read into the record by the Mayor as follows: Antique shops; Apparel stores selling new merchandise; Art good stores, artist studios and photograph shops and galleries; Beauty Shops; Barbara Shops; Computer, video, video games and DVD stores, including the retail sale or rental of new hardware, software, players, videotapes, and videogames, consoles, and related computer, video, videogames and DVD products...; Florist Shops; Interior design shops, office and display only; Optical stores; Photograph galleries; Tailor shops, provided such establishments contain not more than two (2000) thousand square feet of floor area; Tobacco Shops. Motion offered Councilman Gilbert, seconded by Councilman Bratton o amend the original motion of approval to rezone to include the additional uses agreed upon between the applicant and staff into the covenant. This was approved by a 5-0 voice vote. There being no further discussion on this item, the motion to approve passed and carried by a 5- 0voice vote. 11. CITY MANAGER' S REPORT Zoning Minutes March 4, 2009 Fage 11 of 12 ZONING MINUTES -MARCH 4 ~ 2009 11-A) Update on Zoning Code Manager Crew reported on the status of the Zoning Code and the fact that the City would have to rebid this item, due to the termination of the last consultant contract. 12. ADJOURNMENT There being no further business to come before this Body, and upon a motion being duly made, the meeting adjourned at 10:05 p.m. Attest: Ronetta Taylor, MMC, City Clerk Zoning Minutes March 4, 2009 Shirle son, Mayor Page 12 of 12