City Council

City of Miami Gardens City Council Agenda May 25, 2022 at 5:30 PM City Council: Staff: Mayor Rodney Harris City Manager Cameron Benson Vice Mayor Reggie Leon City Attorney Sonja K. Dickens, Esq. Councilwoman Shannon Campbell City Clerk Mario Bataille, CMC Councilwoman Shannan Ighodaro Councilwoman Linda Julien Contact: Councilman Robert Stephens Council Chambers Councilwoman Katrina Wilson 18605 NW 27th Avenue Miami Gardens, Florida 33056 Phone: (305) 914-9010 Fax: (305) 914-9033 Website: www.miamigardens-fl.gov Livestream: https://miamigardens.civicweb.net/Portal/Video.aspx Next Regular Meeting Date: June 8, 2022 **Special Notice to the Public** Please note the Regular City Council Meeting starts at 5:30 PM The City Council meeting will be livestreamed on the City's website via the Agenda Web Portal at https://miamigardens.civicweb.net/Portal/Video.aspx and YouTube Live. Any member of the public who wishes to submit written communication can do so by emailing the City Clerk at least one hour prior to the meeting at mbataille@miamigardens-fl.gov. All written communication will be recorded in the minutes and forwarded to the Mayor and City Council. Article VII of the City of Miami Gardens Code entitled, "Lobbyist" requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and submit an annual registration fee of $250.00. This applies to all persons, firms, entities, or corporations that are employed, designated, or retained by a principal, with or without compensation, or that contract with a third-party for economic consideration to perform lobbying activities on behalf of a principal. It includes the principal that lobbies, as well as any employee that has been designated by the principal to perform lobbying activities on behalf of the principal. All not- for-profit organizations, local chamber and merchant groups, homeowner associations, or trade associations and unions must also register. However, an annual registration fee is not required. Page 1. CALL TO ORDER/ROLL CALL Page 1 of 39 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES 4.1 Regular City Council Meeting Draft Minutes - March 23, 2022 Sponsored by: City Clerk 4.2 Regular City Council Meeting Draft Minutes - April 13, 2022 Sponsored by: City Clerk 4.3 Regular City Council Meeting Draft Minutes - April 27, 2022 Sponsored by: City Clerk 4.4 Regular City Council Meeting Draft Minutes –May 11, 2022 Sponsored by: City Clerk 5. ORDER OF BUSINESS (Items to be pulled from Consent Agenda at this time) 6. SPECIAL PRESENTATIONS (5 MINUTES EACH) 7. PUBLIC COMMENTS 8. ORDINANCE(S) FOR FIRST READING: 9. ORDINANCE(S) FOR SECOND READING/PUBLIC HEARING(S) 10. RESOLUTION(S)/PUBLIC HEARING(S) 11. CONSENT AGENDA: 11.1 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 5-8 GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN SHANNON CAMPBELL’S SPECIAL EVENTS ACCOUNT IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) TO SUPPORT THE MIAMI DADE COUNTY SCHOOL BOARD ANNUAL STUDENT OF THE YEAR AWARD CEREMONY LUNCHEON; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: Councilwoman Shannon Campbell Agenda Cover Memo #22-111 - Pdf 11.2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 9 - 11 GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN SHANNON CAMPBELL’S SPECIAL EVENTS ACCOUNT IN THE AMOUNT OF ONE THOUSAND DOLLARS ($1000.00) TO SUPPORT Page 2 of 39  THE BAHAS REUNION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: Councilwoman Shannon Campbell Agenda Cover Memo #22-109 - Pdf 11.3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 13 - 17 GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILMAN STEPHENS’ PUBLIC AFFAIRS ACCOUNT IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN SUPPORT OF THE BETA BETA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INCORPORATED EDUCATION FOUNDATION SCHOLARSHIP; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: Councilman Robert Stephens, III Agenda Cover Memo #22-110 - Pdf 11.4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI 19 - 26 GARDENS, FLORIDA, AWARDING INVITATION TO BID (ITB) NO. 21- 22-015 PAINTING FOR THE CITY OF MIAMI GARDENS MUNICIPAL COMPLEX TO QUICK PAINTING GROUP CORP., AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE NOT TO EXCEED THE BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by: City Manager Agenda Cover Memo #22-088 - Pdf 12. RESOLUTION(S) 13. QUASI-JUDICIAL ZONING HEARINGS/JENNINGS DISCLOSURE: 13.1. ORDINANCES ON FOR FIRST READING/PUBLIC HEARING(S): 13.2. ORDINANCES ON FOR SECOND READING/PUBLIC HEARING(S) 13.3. RESOLUTION(S)/PUBLIC HEARING(S) 13.3.1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 27 - 39 MIAMI GARDENS, FLORIDA, APPROVING THE VARIANCE APPLICATION SUBMITTED BY THE SALVATION ARMY ON BEHALF OF 194 NW 187 LLC LOCATED AT 194 NW 187TH STREET, MIAMI GARDENS, FL 33169, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, REDUCING THE MINIMUM LOT SIZE SET FORTH IN THE CODE FOR PLACES OF ASSEMBLY FROM 2 ACRES TO 1.3 ACRES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Page 3 of 39  Sponsored by: City Manager Agenda Cover Memo #22-090 - Pdf 14. REPORTS OF CITY MANAGER/CITY ATTORNEY/CITY CLERK (3 MINUTES EACH) 15. REPORTS OF MAYOR AND COUNCIL MEMBERS (3 MINUTES EACH) 16. WRITTEN REQUESTS, PETITIONS & OTHER WRITTEN COMMUNICATIONS FROM THE PUBLIC 17. ADJOURNMENT In accordance with the American with Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this meeting because of that disability should contact Mario Bataille, CMC, City Clerk (305) 622-8000 ext. 2830, no later than 48 hours prior to such proceedings. TDD number 1-800-955-8771. Anyone wishing to obtain a copy of any agenda item may contact Mario Bataille, CMC, City Clerk (305) 622- 8000 ext. 2830. The entire agenda packet can also be found on the city’s website at www.miamigardens-fl.gov. Anyone wishing to appeal any decision made by the city of Miami Gardens with respect to any matter considered at such meeting or hearing will need a record of the proceedings and, for such purpose, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Page 4 of 39 Agenda Item #11.1 City of Miami Gardens Agenda Cover Memo 22-111 Meeting: City Council - May 25 2022 Department Sponsored By Mayor and City Council Councilwoman Shannon Campbell Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN SHANNON CAMPBELL’S SPECIAL EVENTS ACCOUNT IN THE AMOUNT OF TWO HUNDRED FIFTY DOLLARS ($250.00) TO SUPPORT THE MIAMI DADE COUNTY SCHOOL BOARD ANNUAL STUDENT OF THE YEAR AWARD CEREMONY LUNCHEON; PROVIDING FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary Councilwoman Shannon Campbell understands the fact that an education is mandatory for success. When our youth excel at reading, writing, & arithmetic they should be rewarded. With the intent to partner with the Miami Dade County School Board Vice Chair Dr. Steve Gallon III, and to support the Miami Dade County Public Schools District 1 annual Student of the Year Awards ceremony luncheon; Councilwoman Shannon Campbell is requesting an allocation of $250 from her special events account to assist with the M-DCPS School Board annual Student of the Year Awards Ceremony Luncheon. Fiscal Impact After the above allocation, the remaining balance in Councilwoman Shannon Campbell’s Special Events account will be $2,250.00. Recommended Action That City Council approve this Resolution. Attachments Resolution 2022 - Supporting M-DCPS School Board Annual Luncheon Exhibit A - Sponsor Letter 2022 (003) Page 5 of 39 Agenda Item #11.1 1 RESOLUTION NO. 2022____ 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM 6 COUNCILWOMAN SHANNON CAMPBELL’S SPECIAL EVENTS 7 ACCOUNT IN THE AMOUNT OF TWO HUNDRED FIFTY 8 DOLLARS ($250.00) TO SUPPORT THE MIAMI DADE COUNTY 9 SCHOOL BOARD ANNUAL STUDENT OF THE YEAR AWARD 10 CEREMONY LUNCHEON; PROVIDING FOR INSTRUCTIONS TO 11 THE CITY CLERK; PROVIDING FOR THE ADOPTION OF 12 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13 14 15 WHEREAS, Councilwoman Shannon Campbell understands the fact that an 16 education is mandatory for success, and 17 WHEREAS, when our youth excel at reading, writing, & arithmetic they should be 18 rewarded, and 19 WHEREAS, she intends to partner with the Miami Dade County School Board 20 Vice Chair Dr. Steve Gallon III, and 21 WHEREAS, to support the Miami Dade County Public Schools District 1 annual 22 Student of the Year Awards ceremony luncheon, and 23 WHEREAS Councilwoman Shannon Campbell is requesting an allocation of 24 $250 from her special events account to assist with the M-DCPS School Board annual 25 Student of the Year Awards Ceremony Luncheon, 26 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 27 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 28 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 29 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 30 made a specific part of this Resolution. 31 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 32 hereby authorizes the allocation of funds from Councilwoman Shannon Campbell’s Seat Page 6 of 39 Agenda Item #11.1 33 1 Special Events Account in the amount of two hundred fifty dollars ($250.00) in support 34 of Miami-Dade County School Board Annual Student of the Year Award Ceremony 35 Luncheon. 36 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 37 upon its final passage. 38 (PASSED, ADOPTED, DEFERED, WITHDRAWN OR FAILED) BY THE CITY 39 COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON 40 _______________, 2022. 41 42 ___________________________________ 43 RODNEY HARRIS, MAYOR 44 45 46 47 ATTEST: 48 49 50 __________________________________ 51 MARIO BATAILLE, CITY CLERK 52 53 54 REVIEWED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 55 56 57 SPONSORED BY: COUNCILWOMAN SHANNON CAMPBELL 58 59 Moved by: __________________ 60 61 VOTE: _________ 62 63 Mayor Rodney Harris ____ (Yes) ____ (No) 64 Vice Mayor Reggie Leon ____ (Yes) ____ (No) 65 Councilwoman Shannon Campbell ____ (Yes) ____ (No) 66 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No) 67 Councilwoman Linda Julien ____ (Yes) ____ (No) 68 Councilman Robert Stephens, III ____ (Yes) ____ (No) 69 Councilwoman Katrina Wilson ____ (Yes) ____ (No) 70 2 Page 7 of 39 Agenda Item #11.1 May 5, 2022 Dear Councilwoman Campbell: My name is Theresa Pickett, Community Engagement Liaison for M-DCPS School Board Vice Chair Dr. Steve Gallon III. His district includes the Miami Gardens, Opa Locka, North Miami and North Miami Beach area and has a total of 50 schools. We are currently in the process of preparing for our annual Student of the Year Awards Ceremony Luncheon. We are hopeful that you would consider partnering with our district to sponsor this event to recognize the best and the brightest of our wonderful students. Thank you in advanced for your consideration in this matter. If additional information is needed, please feel free to contact our office at 305-995-1334. Sincerely, Theresa Pickett T. Pickett School Board Administration Building • 1450 N.E. 2nd Avenue • Miami, Florida 33132 305-995-1000 • www.dadeschools.net Page 8 of 39 Agenda Item #11.2 City of Miami Gardens Agenda Cover Memo 22-109 Meeting: City Council - May 25 2022 Department Sponsored By Mayor and City Council Councilwoman Shannon Campbell Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILWOMAN SHANNON CAMPBELL’S SPECIAL EVENTS ACCOUNT IN THE AMOUNT OF ONE THOUSAND DOLLARS ($1000.00) TO SUPPORT THE BAHAS REUNION; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary Mayor Rodney Harris and Councilwoman Shannon Campbell will host City of Miami Gardens 2nd Annual Bahas Reunion, as part of the Black Music Month celebration taking place on Saturday, June 4, 2022 at Buccaneer Park. Black Music Month, also known as African-American Music Appreciation Month, was instituted to recognize and honor the contributions of Black artists, composers, singers and other musical influences on the nation’s history. Councilwoman Shannon Campbell is requesting an allocation of $1,000.00 from her Special Events Account to assist with costs of the Bahas Reunion event. Fiscal Impact After the above allocation, the remaining balance in Councilwoman Shannon Campbell’s Special Events account will be $2,500.00. Recommended Action That City Council approve this Resolution. Attachments Resolution 2022 - Bahas Reunion 2022 Page 9 of 39 Agenda Item #11.2 1 RESOLUTION NO. 2022____ 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM 6 COUNCILWOMAN SHANNON CAMPBELL’S SPECIAL EVENTS 7 ACCOUNT IN THE AMOUNT OF ONE THOUSAND DOLLARS 8 ($1,000.00) TO SUPPORT THE BAHAS REUNION; PROVIDING 9 FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR 10 THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN 11 EFFECTIVE DATE. 12 13 14 WHEREAS, Mayor Rodney Harris and Councilwoman Shannon Campbell will 15 host City of Miami Gardens 2nd Annual Bahas Reunion, as part of the Black Music 16 Month celebration taking place on Saturday, June 4, 2022 at Buccaneer Park, and 17 WHEREAS, Black Music Month, also known as African-American Music 18 Appreciation Month, was instituted to recognize and honor the contributions of Black 19 artists, composers, singers and other musical influences on the nation’s history, and 20 WHEREAS, Councilwoman Shannon Campbell is requesting an allocation of one 21 thousand dollars ($1,000.00) from her Special Events Account to assist with costs of the 22 Bahas Reunion event, and 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 24 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 25 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 26 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 27 made a specific part of this Resolution. 28 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 29 hereby authorizes the allocation of funds from Councilwoman Shannon Campbells’s 30 Seat 1 Special Events Account in the amount of one thousand dollars ($1,000.00) to 31 assist with costs associated with the Bahas Reunion Event. Page 10 of 39 Agenda Item #11.2 32 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 33 upon its final passage. 34 (PASSED, ADOPTED, DEFERED, WITHDRAWN OR FAILED) BY THE CITY 35 COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON 36 _______________, 2022. 37 38 ___________________________________ 39 RODNEY HARRIS, MAYOR 40 41 42 43 ATTEST: 44 45 46 __________________________________ 47 MARIO BATAILLE, CITY CLERK 48 49 50 REVIEWED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 51 52 SPONSORED BY: COUNCILWOMAN SHANNON CAMPBELL 53 54 Moved by: __________________ 55 56 VOTE: _________ 57 58 Mayor Rodney Harris ____ (Yes) ____ (No) 59 Vice Mayor Reggie Leon ____ (Yes) ____ (No) 60 Councilwoman Shannon Campbell ____ (Yes) ____ (No) 61 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No) 62 Councilwoman Linda Julien ____ (Yes) ____ (No) 63 Councilman Robert Stephens, III ____ (Yes) ____ (No) 64 Councilwoman Katrina Wilson ____ (Yes) ____ (No) 65 2 Page 11 of 39 Page 12 of 39 Agenda Item #11.3 City of Miami Gardens Agenda Cover Memo 22-110 Meeting: City Council - May 25 2022 Department Sponsored By Mayor and City Council Councilman Robert Stephens, III Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM COUNCILMAN STEPHENS’ PUBLIC AFFAIRS ACCOUNT IN AN AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS ($1,000.00) IN SUPPORT OF THE BETA BETA LAMBDA CHAPTER OF ALPHA PHI ALPHA FRATERNITY, INCORPORATED EDUCATION FOUNDATION SCHOLARSHIP; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary For over 115 years of Alpha Phi Alpha Fraternity, Incorporated has developed leaders, promoted academic excellence, and provided service and advocacy to our communities. On Tuesday, December 4, 1906, Alpha Phi Alpha was founded on the campus of Cornell University located in Ithaca, NY, as the first intercollegiate Greek- letter fraternity for African-American men. On Friday, November 19, 1937, eight men with like-minded ideals and a commitment to serve the community, earned the opportunity to charter a chapter of Alpha Phi Alpha Fraternity, Incorporated in Miami-Dade County. Together, those men chartered the Beta Beta Lambda chapter of Alpha Phi Alpha Fraternity, Incorporated. From its inception, the Beta Beta Lambda chapter has served as a pillar in the Greater Miami area and surrounding communities through its various programs and national initiatives. These include Go-to-High-School, Go-to-College, A Voteless People is a Hopeless People, Project Alpha, Brother’s Keeper, Knights of Gold Mentoring, Alphas in Action Task Force, Big Brothers/Big Sisters of America, among others. The Beta Beta Lambda chapter has impacted the lives of Miami Gardens residents with its Alphas in Action Task Force’s consistent programming initiatives. The chapter has addressed social issues, advocated for the community, and implemented their national programs. Their “Go-to-High-School, Go-to-College” program was established nationally in 1922 and concentrates on the importance of completing secondary and collegiate education as a road to advancement and sustainability within our culture and community. On Saturday, April 30th during their “Go-to-High-School, Go-To-College” event. The program included a celebration of graduating high school seniors committed to continue Page 13 of 39 Agenda Item #11.3 their academic pursuits at Florida Memorial University, the only Historically Black College and University located in South Florida. Councilman Robert Stephens, III is requesting funding from the Public Affairs account in the amount of $1,000 to support the Beta Beta Lambda Chapter of Alpha Phi Alpha Fraternity, Incorporated Education Foundation award academic scholarships to high school seniors pursuing higher education. Fiscal Impact This resolution will allocate $1,000 from the Seat 6 Public Affairs account. After the above allocation, there will be a remaining balance of $4,500. Recommended Action It is recommended that City Council approve the resolution. Attachments Resolution 2022 - Beta Beta Lambda Education Foundation Scholarship Fund Page 14 of 39 Agenda Item #11.3 1 RESOLUTION NO. 2022____ 2 3 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 5 MIAMI GARDENS, FLORIDA, ALLOCATING FUNDS FROM 6 COUNCILMAN STEPHENS’ PUBLIC AFFAIRS ACCOUNT IN AN 7 AMOUNT NOT TO EXCEED ONE THOUSAND DOLLARS 8 ($1,000.00) IN SUPPORT OF THE BETA BETA LAMBDA 9 CHAPTER OF ALPHA PHI ALPHA FRATERNITY, 10 INCORPORATED EDUCATION FOUNDATION SCHOLARSHIP; 11 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, on Tuesday, December 4, 1906, Alpha Phi Alpha was founded on 15 the campus of Cornell University located in Ithaca, NY, as the first intercollegiate Greek- 16 letter fraternity for African-American men, and 17 WHEREAS, for over 84 years the Beta Beta Lambda Chapter of Alpha Phi Alpha 18 Fraternity, Incorporated has developed leaders, promoted academic excellence, and 19 provided service and advocacy to our local community, and 20 WHEREAS, their “Go-to-High-School, Go-to-College” program was established 21 nationally in 1922 and concentrates on the importance of completing secondary and 22 collegiate education as a road to advancement and sustainability within our culture and 23 community, and 24 WHEREAS, on Saturday, April 30th during their “Go-to-High-School, Go-To- 25 College” event which included a celebration of graduating high school seniors 26 committed to continue their academic pursuits at Florida Memorial University, the only 27 Historically Black College and University located in South Florida, and 28 WHEREAS, Councilman Robert Stephens, III is requesting funding from the Seat 29 6 Public Affairs account in the amount of $1,000 to support the Beta Beta Lambda 30 Chapter of Alpha Phi Alpha Fraternity, Incorporated Education Foundation award 31 academic scholarships to high school seniors pursuing higher education, Page 15 of 39 Agenda Item #11.3 32 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 33 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 34 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 35 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 36 made a specific part of this Resolution. 37 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 38 hereby authorizes the allocation of One Thousand Dollars ($1,000.00) to the Beta Beta 39 Lambda Education Foundation Scholarship from the Seat 6 Public Affairs account. 40 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 41 upon its final passage. 42 (PASSED, ADOPTED, DEFERED, WITHDRAWN OR FAILED) BY THE CITY 43 COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON MAY 44 25, 2022. 45 46 ___________________________________ 47 RODNEY HARRIS, MAYOR 48 49 50 51 ATTEST: 52 53 54 __________________________________ 55 MARIO BATAILLE, CITY CLERK 56 57 58 REVIEWED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 59 60 61 SPONSORED BY: COUNCILMAN ROBERT STEPHENS, III 62 63 Moved by: __________________ 64 65 VOTE: _________ 2 Page 16 of 39 Agenda Item #11.3 66 67 Mayor Rodney Harris ____ (Yes) ____ (No) 68 Vice Mayor Reggie Leon ____ (Yes) ____ (No) 69 Councilwoman Shannon Campbell ____ (Yes) ____ (No) 70 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No) 71 Councilwoman Linda Julien ____ (Yes) ____ (No) 72 Councilman Robert Stephens, III ____ (Yes) ____ (No) 73 Councilwoman Katrina Wilson ____ (Yes) ____ (No) 74 75 3 Page 17 of 39 Page 18 of 39 Agenda Item #11.4 City of Miami Gardens Agenda Cover Memo 22-088 Meeting: City Council - May 25 2022 Department Sponsored By Procurement City Manager Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AWARDING INVITATION TO BID (ITB) NO. 21-22-015 PAINTING FOR THE CITY OF MIAMI GARDENS MUNICIPAL COMPLEX TO QUICK PAINTING GROUP CORP., AUTHORIZING THE CITY MANAGER TO ISSUE A PURCHASE ORDER FOR THIS PURPOSE NOT TO EXCEED THE BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION OF REPRESENTATION; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary BACKGROUND In an effort to beautify the City Municipal Complex, City staff solicited bids inviting qualified firms to submit bids to provide Painting Services to the City Municipal Complex This contract shall commence after date of issuance of purchase order and shall remain in effect until final acceptance by the City of the work performed by the contractor. CURRENT SITUATION On March 16, 2022, Invitation to Bid (ITB) No. 21-22-015 Painting for the City of Miami Gardens Municipal Complex was solicited via Bidsync. The ITB was opened on April 11, 2022; ten (10) bids were received from, Landmark & Reina 107 LLC dba Bald, Kiko’s Painting Inc. dba Four Seasons Painting, Roof Painting by Hartzell Inc. dba Hartzell Painting , JAG Painting Contractors Inc., Mario’s Painting and Services Inc., MTD Painting and Construction Corp., Painters on Demand, All Counties Painting, LLC dba People’s Choice Pressure Cleaning and Painting, Quick Painting Group Corp. and Valentino’s Painting Signs Corp. Each bid was publicly read. City staff evaluated the bids for compliance with the ITB specifications. It was determined that Landmark & Reina 107 LLC dba Bald is non-responsive. All other bidders were determined to be responsive and responsible to the requirements of the ITB. Recommendation for Award was posted for the required 72 hours and no objections or protest was received. City staff recommends that award be made to Quick Painting Group Corp. A copy of the ITB document and submittals are available for review upon request. Page 19 of 39 Agenda Item #11.4 Fiscal Impact Sufficient funding for the project will be available in account number 300-12-01-512- 621-03. Recommended Action It is recommended that the City Council approve staff’s recommendation to award ITB Number 21-22-015, Painting for the City of Miami Gardens Municipal Complex to Quick Painting Group Corp. and authorize the City Manager to issue Purchase Order(s) as needed and not to exceed the budgeted amount. Attachments Resolution 2022 - Awarding ITB for Painting the Municipal Complex to Quick Paint Group Exhibit 1 - ITB No. 21-22-015 User Agency Award Concurrence-signed ITB No. 21-22-015 Tabulation Page 20 of 39 Agenda Item #11.4 1 RESOLUTION NO. 2022____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, AWARDING INVITATION TO BID 5 (ITB) NO. 21-22-015 PAINTING FOR THE CITY OF MIAMI 6 GARDENS MUNICIPAL COMPLEX TO QUICK PAINTING GROUP 7 CORP., AUTHORIZING THE CITY MANAGER TO ISSUE A 8 PURCHASE ORDER FOR THIS PURPOSE NOT TO EXCEED 9 THE BUDGETED AMOUNT; PROVIDING FOR THE ADOPTION 10 OF REPRESENTATION; PROVIDING FOR AN EFFECTIVE 11 DATE. 12 13 WHEREAS, on April 11, 2022, Invitation To Bid (ITB) Number 21-22-015, 14 Painting for the City of Miami Gardens Municipal Complex was solicited via BidSync, 15 and 16 WHEREAS, the ITB invited qualified firms to submit proposals to provide Painting 17 Services to the City Municipal Complex, and 18 WHEREAS, in response to the ITB, proposals were received from ten (10) 19 proposers; Landmark & Reina 107 LLC d/b/a Bald, Kiko’s Painting Inc. d/b/a Four 20 Seasons Painting, Roof Painting by Hartzell Inc. d/b/a Hartzell Painting , JAG Painting 21 Contractors Inc., Mario’s Painting and Services Inc., MTD Painting and Construction 22 Corp., Painters on Demand, All Counties Painting, LLC d/b/a People’s Choice Pressure 23 Cleaning and Painting, Quick Painting Group Corp. and Valentino’s Painting Signs 24 Corp., and 25 WHEREAS, staff has evaluated the proposals for compliance with the bid 26 specifications and determined that Landmark & Reina 107 LLC d/b/a Bald was non- 27 responsive and all other bidders were responsive and responsible to the requirements 28 of the ITB, and 29 WHEREAS, the Evaluation Committee scored and ranked the proposers and 30 recommended Quick Painting Group Corp. for award, and Page 21 of 39 Agenda Item #11.4 31 WHEREAS, staff recommends the City Council authorize the City Manager to 32 issue a purchase order not to exceed the budget amount to Quick Painting Group Corp. 33 to provide Painting Services to the City Municipal Complex, 34 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 35 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 36 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 37 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 38 made a specific part of this Resolution. 39 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 40 hereby authorizes the City Manager to issue a purchase order not to exceed the 41 budgeted amount to Quick Painting Group Corp. to provide Painting Services to the City 42 Municipal Complex for the City of Miami Gardens. 43 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 44 upon its final passage. 45 (PASSED, ADOPTED, DEFERRED, WITHDRAWN OR FAILED) BY THE 46 CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON 47 _______________, 2022. 48 ___________________________________ 49 RODNEY HARRIS, MAYOR 50 51 52 53 54 55 ATTEST: 56 57 58 __________________________________ 59 MARIO BATAILLE, CITY CLERK 60 2 Page 22 of 39 Agenda Item #11.4 61 62 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 63 64 65 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 66 67 Moved by: __________________ 68 69 VOTE: _________ 70 71 Mayor Rodney Harris ____ (Yes) ____ (No) 72 Vice Mayor Reggie Leon ____ (Yes) ____ (No) 73 Councilwoman Shannon Campbell ____ (Yes) ____ (No) 74 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No) 75 Councilwoman Linda Julien ____ (Yes) ____ (No) 76 Councilman Robert Stephens, III ____ (Yes) ____ (No) 77 Councilwoman Katrina Wilson ____ (Yes) ____ (No) 78 79 80 81 82 3 Page 23 of 39 Agenda Item #11.4 City of Miami Gardens 18605 NW 27th Avenue Mayor Rodney Harris Miami Gardens, Florida 33056 Vice Mayor Reggie Leon Councilwoman Shannon Campbell Councilwoman Shannan Ighodaro Councilwoman Linda Julien Councilman Robert Stephens III Councilwoman Katrina Wilson MEMORANDUM TO: Tom Ruiz, Public Works Director FROM: Letrice Y Smith, Procurement Officer DATE: April 19, 2022 RE: Award Concurrence Invitation to Bid No. 21-22-015 Painting for the City of Miami Gardens Municipal Complex Contract Recommended Vendor(s): Quick Painting Group Corp. Recommended Group(s)/ Line Item(s): All SUMMARY: Quick Painting Group Corp. is an active corporation according to the Florida Department of State – Division of Corporation. The references received are favorable. Award is contingent upon City Council approval and the vendor submitting their Certificate of Insurance, in accordance with the bid requirements with City of Miami Gardens listed as an additional insured. The agency has reviewed the Vendor response for specification compliance and Vendor responsibility and after careful evaluation; I concur with recommendation for award to the Vendor. PAST PERFORMANCE: (Check all that apply)  Past Performance Evaluations exist.  No evaluations within the past three years contained regarding this vendor that is poor.  No past Performance Evaluations exist.  Reference Verification Forms are attached. . Page 24 of 39 Agenda Item #11.4 RE: Award Concurrence Invitation to Bid No. 21-22-015 Painting for the City of Miami Gardens Municipal Complex Contract RECOMMENDATION:  NON-CONCURRENCE I do not concur. Detailed reason for non0concurrence is attached.  X CONCURRENCE  If you concur please sign below, return the memo to my attention. If you have any questions or need any assistance, please don’t hesitate to contact me. CONCUR BERNARD BUXTON-TETTEH _____________________________________________ DO NOT CONCUR (reasons attached) _____________________________________________ Page 25 of 39  Agenda Item #11.4 ITB No. 21‐22‐015 ITB #: ITB #21-22-015 Date Bid Opened: 4/11/2022 Painting for the City of Miami Gardens Muncipal Complex PAINTING FOR THE CITY OF MIAMI Bid Submittals: 10 Title: GARDENS MUNICPAL COMPLEX Agency: Public Works Letrice Y. Smith , Procurement Specialist LOWEST BIDDER All Counties Painting LLC dba Landmark & Reina 107 LLC dba Kiko's Painting Inc dba Four Roof Paitning by Hartzell Mario's Painting and Services MTD Painting and JAG Painting Contractors Inc. Painters on Demand People's Choice Pressure Quick Painting Group Corp. Valentino's Painting Signs Corp. Bald Seasons Painting Inc.dba Hartzell Painting Inc. Construction Corp. Cleaning & Painting Unit of Item Estimated Estimated Extended Extended Extended Description Measure Unit Price Unit Price Unit Price Extended Price Unit Price Extended Price Unit Price Unit Price Unit Price Extended Price Unit Price Extended Price Unit Price Unit Price Extended Price No. Total Price Total Price Price Price Price (UOM) NO PRICE NO PRICE 1 General Conditions LUMP SUM $ 8,000.00 $ 8,000.00 $ 13,500.00 $ 13,500.00 $ ‐ $ ‐ $ 2,500.00 $ 2,500.00 $ 4,500.00 $ 4,500.00 $ 5,500.00 $ 5,500.00 $ 4,100.00 $ 4,100.00 $25,000.00 $25,000.00 $ 34,590.00 $ 34,590.00 SUBMITTED SUBMITTED City Hall Building, Public Safety Building and Mechanical Building: Pressure washing, waterproofing, and repainting exterior 2 LUMP SUM $ 112,500.00 $112,500.00 $ 112,000.00 $ 112,000.00 $ 116,092.00 $ 116,092.00 $ 134,750.00 $ 134,750.00 $ 69,790.00 $ 69,790.00 $ 90,000.00 $ 90,000.00 $ 85,858.00 $ 85,858.00 $ 83,390.00 $ 83,390.00 $37,700.00 $37,700.00 $ 204,200.00 $ 204,200.00 surfaces throughout and metal doors and Re‐caulking of the exterior expansion joints at the base of all building on Parking Garage pressure 3 LUMP SUM $ 8,900.00 $8,900.00 $ 16,000.00 $ 16,000.00 $ 18,000.00 $ 18,000.00 $ 8,000.00 $ 8,000.00 $ 6,200.00 $ 6,200.00 $ 3,600.00 $ 3,600.00 $ 37,000.00 $ 37,000.00 $ 5,680.00 $ 5,680.00 $15,000.00 $15,000.00 $ 26,400.00 $ 26,400.00 washed. Grand Total NON RESPONSIVE $ 136,000.00 $ 147,592.00 $ 142,750.00 $ 78,490.00 $ 98,100.00 $ 128,358.00 $ 93,170.00 $ 77,700.00 $ 265,190.00 THIS IS NOT AN INDICATION OF AWARD ONLY A BID TABULATION Page 26 of 39 Agenda Item #13.3.1. City of Miami Gardens Agenda Cover Memo 22-090 Meeting: City Council - May 25 2022 Department Sponsored By Planning & Zoning Department City Manager Agenda Item Title A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE VARIANCE APPLICATION SUBMITTED BY THE SALVATION ARMY ON BEHALF OF 194 NW 187 LLC LOCATED AT 194 NW 187TH STREET, MIAMI GARDENS, FL 33169, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, REDUCING THE MINIMUM LOT SIZE SET FORTH IN THE CODE FOR PLACES OF ASSEMBLY FROM 2 ACRES TO 1.3 ACRES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary The subject site is zoned PCD, Planned Corridor Development with a “Commerce” designation in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The site consists of a 2-storey Radio & TV station building. As the contract purchaser, the Salvation Army wishes to renovate and update the existing building to function solely as a state of the art religious assembly. There will be no social services, shelter or rehabilitation services operating from the site. This change of use will require compliance with the additional standards for Places of Assembly as outlined in Section 34-288(33), Uses permitted with extra requirements, of the City of Miami Gardens Code of Ordinances. Namely, that all Places of Assembly have a minimum lot size of 2 acres. As shown in Exhibit A, the lot is approximately 1.3 acres in size where 2 acres is required for a Place of Assembly. This is just short of the 25% threshold (1.7 acres) whereby an administrative variance could be granted by staff. As 1.3 acres is equal to a 35% reduction, then this non-use variance must be approved by the City Council as provided in Section 34-47, Granting of Variances and Waivers of the City’s Code of Ordinances. Fiscal Impact There will be no fiscal impact to the budget. Page 27 of 39 Agenda Item #13.3.1. Recommended Action It is recommended the City Council adopt the Resolution allowing a decrease in the minimum required lot size for the Salvation Army located at 194 NW 187th Street. Attachments Resolution 2022 - Salvation Army Variance Exhibit A - Survey and Legal Description, Salvation Army Variance Exhibit B - Staff Recommendation, Salvation Army Variance Page 28 of 39 Agenda Item #13.3.1. 1 RESOLUTION NO. 2022____ 2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE VARIANCE 5 APPLICATION SUBMITTED BY THE SALVATION ARMY ON 6 BEHALF OF 194 NW 187 LLC LOCATED AT 194 NW 187TH 7 STREET, MIAMI GARDENS, FL 33169, MORE PARTICULARLY 8 DESCRIBED ON EXHIBIT "A" ATTACHED HERETO, REDUCING 9 THE MINIMUM LOT SIZE SET FORTH IN THE CODE FOR 10 PLACES OF ASSEMBLY FROM 2 ACRES TO 1.3 ACRES; 11 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; 12 PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Applicant, is The Salvation Army on behalf of 194 NW 187 LLC 15 located at 194 NW 187TH Street, Miami Gardens, FL 33169, more particularly described 16 in Exhibit “A” attached hereto, and 17 WHEREAS, the subject site is zoned Planned Corridor Development (PCD) with 18 a “Commerce” designation in the City of Miami Comprehensive Development Master 19 Plan (CDMP), and 20 WHEREAS, the site consists of a two-story radio & tv station building however 21 the Applicant wishes to renovate the building to function solely as a state of the art 22 religious assembly, and 23 WHEREAS, in order to become compliant, the Applicant must meet the minimum 24 standards required for Places of Assembly set forth in the Code of Ordinances, and 25 WHEREAS, pursuant to Section 34-288 (33) Use Permitted With Extra 26 Requirements of the City of Miami Gardens Land Development Regulations, Places of 27 Assembly must meet certain minimum standards including a minimum lot size of two 28 acres as set forth in Section 34-288 (33)(a), and 29 WHEREAS, the Applicant requests a non-use variance to allow a reduction of 30 the two acre lot size minimum requirement to permit a minimum lot size area of 1.7 31 acres, and Page 29 of 39 Agenda Item #13.3.1. 32 WHEREAS, the City’s Planning and Zoning staff has reviewed the application 33 and a staff report is attached hereto as Exhibit “B”, and 34 WHEREAS, staff recommends the City Council approve the application for a 35 non-use variance to allow a reduction of the two acre minimum lot area requirement to 36 permit a minimum allowable lot area of 1.3 acres, and 37 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 38 OF MIAMI GARDENS, FLORIDA AS FOLLOWS: 39 Section 1: ADOPTION OF REPRESENTATIONS: The foregoing Whereas 40 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 41 made a specific part of this Resolution. 42 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens 43 hereby approves the application for a non-use variance to allow a reduction of the two 44 acre minimum lot area requirement set forth in the code for Places of Assembly to 45 permit a minimum allowable lot area of 1.3 acres. 46 Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately 47 upon its final passage. 48 (PASSED, ADOPTED, DEFERRED, WITHDRAWN OR FAILED) BY THE CITY 49 COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON 50 _______________, 2022. 51 ___________________________________ 52 RODNEY HARRIS, MAYOR 53 54 55 56 ATTEST: 57 58 59 __________________________________ 60 MARIO BATAILLE, CITY CLERK 2 Page 30 of 39 Agenda Item #13.3.1. 61 62 63 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY 64 65 66 SPONSORED BY: CAMERON D. BENSON, CITY MANAGER 67 68 Moved by: __________________ 69 70 VOTE: _________ 71 72 Mayor Rodney Harris ____ (Yes) ____ (No) 73 Vice Mayor Reggie Leon ____ (Yes) ____ (No) 74 Councilwoman Shannon Campbell ____ (Yes) ____ (No) 75 Councilwoman Shannan Ighodaro ____ (Yes) ____ (No) 76 Councilwoman Linda Julien ____ (Yes) ____ (No) 77 Councilman Robert Stephens, III ____ (Yes) ____ (No) 78 Councilwoman Katrina Wilson ____ (Yes) ____ (No) 79 80 81 82 83 84 3 Page 31 of 39 Agenda Item #13.3.1. Salvation Army Variance EXHIBIT A SURVEY AND LEGAL DESCRIPTION Page 32 of 39 Agenda Item #13.3.1. Salvation Army Variance APPLICANT: The Salvation Army on behalf of 194 NW 187 LLC ADDRESS: 194 NW 187TH STREET, MIAMI GARDENS, FL 33169 FOLIO NUMBER: 34-2101-000-0112 LEGAL DESCRIPTION: The East 245 feet of the North 1/2 of the West 1/2 of the SW 1/4 of the SE 1/4 of Section 1, Township 52 South, range 41 East, less the North 25 feet, the East 25 feet and the South 378 feet thereof, all lying and being in Miami-Dade County, Florida. Page 33 of 39 Agenda Item #13.3.1. Page 34 of 39 Agenda Item #13.3.1. Salvation Army Variance 194 NW 187th Street PZ-2022-004414 Exhibit “B”- Staff Recommendation Page 35 of 39 Agenda Item #13.3.1. STAFF RECOMMENDATION PZ-2022-004414 APPLICATION INFORMATION Applicant: The Salvation Army Property Location: 194 NW 187TH ST Folio Number: 34-2101-000-0112 Building Size: 18,487 square feet Lot Size: 1.3 acres Future Land Use: Commerce Existing Zoning: PCD (Planned Corridor Development) Requested Action(s): Non-use variance to allow a reduction in the minimum required lot size for an assembly use to 1.3 acres, where the minimum allowable floor area is 2 acres per Section 34-288(33), Uses permitted with extra requirements RECOMMENDATION: Staff recommends adoption of the Resolution approving the request to grant a non-use variance to allow a reduction in the minimum required lot size for the Salvation Army of 1.3 acres where the minimum allowable lot size for an assembly use is 2 acres, for the property located at 194 NW 187th Street. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Future Land Use Property Zoning Classification Existing Use Designation Subject Site Commerce PCD, Planned Corridor Development Radio & TV Station North Neighborhood R-1, Single Family Single Family Residential South Commerce R-15, Multiple Family Dwelling Parking Lot East Neighborhood GP, Government Property Elementary School West Commerce PCD, Planned Corridor Development Comcast Project Summary/Background The subject site is zoned PCD, Planned Corridor Development with a “Commerce” designation in the City of Miami Gardens Comprehensive Development Master Plan (CDMP). The site consists of a 2-storey Radio & TV station building. As the contract purchaser, the Salvation Army wishes to renovate and update the existing building to function solely as a state of the art religious assembly. There will be no social services, shelter or rehabilitation services operating from the site. Page 36 of 39 Agenda Item #13.3.1. This change of use will require compliance with the additional standards for Places of Assembly as outlined in Section 34-288(33), Uses permitted with extra requirements, of the City of Miami Gardens Code of Ordinances. Namely, that all Places of Assembly have a minimum lot size of 2 acres. As shown in Exhibit A, the lot is approximately 1.3 acres in size where 2 acres is required for a place of assembly. This is just short of the 25% threshold (1.7 acres) whereby an administrative variance could be granted by staff. As 1.3 acres is equal to a 35% reduction, this non-use variance must be approved by the City Council as provided in Section 34-47, Granting of Variances and Waivers of the City’s Code of Ordinances. REVIEW AND ANALYSIS: The City Council may grant variances and waivers subject to the property meeting the criteria set forth in Section 34-47 of the City’s Land Development Regulations (LDR): Sec. 34-47. - Granting of variances and waivers. (h) Criteria for granting variances. Upon appeal or direct application in specific cases to hear and grant applications for non-use variances and waivers of this chapter, when authorized, the zoning appeals board may grant approval, approval with conditions of the application upon showing by the applicant that the non-use variance or waiver that all the following have been met: (1) The particular physical surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally applicable to other property within the vicinity. (3) The alleged difficulty or hardship was not deliberately created to establish a use or structure which is not otherwise consistent with this Code. (4) The granting of the variance will not be detrimental to the public welfare or injurious to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or endanger the public safety, or substantially diminish or impair property values within the vicinity. (6) The variance request is the minimum variance that will make possible the reasonable use of the land, building, or structure; (7) The granting of the variance request will be in harmony with the general intent and purpose of these regulations and the comprehensive plan; (8) Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and the permitted use of lands, structures, or buildings in other zoning districts, shall not be considered grounds for the authorization of a variance; and (9) Financial hardship is not the only evidence of a hardship considered in the authorization of a variance. Page 37 of 39 Agenda Item #13.3.1. Staff Comment 1. The site is an existing lot of 1.3 acres and there is no vacant property adjacent onto which the property could be expanded. As such, a condition exists whereby the requirement for a minimum lot size of 2 acres cannot be physically met. As the use is permitted and all other additional requirements for a Place of Assembly are met, a literal application of the standard would result in a hardship as the applicant would not be able to operate from this location. 2. The site is generally located along the 441 Corridor which consists primarily of commercial, retail, restaurant and office uses. As a place of religious assembly is not a common use, the spacing constraints would not likely be applicable to other properties within the area. 3. The proposed assembly use is permitted within the PCD, Planned Corridor Development zoning district and is otherwise consistent with the City’s Code of Ordinances. 4. The proposed variance is a non-use variance and will not be detrimental to the public health, welfare and safety. It will not be injurious to other properties or improvements within the vicinity. There will be no social services, shelter or rehabilitation services operating from the site. 5. As part of the change of use from a Radio & TV station to a Place of a Religious Assembly the applicant will be required to submit a building permit in order to ensure all building, engineering, fire and public safety standards are reviewed and met. These improvements to the building will be an investment in the property and are as such are not expected to impair or diminish property values. 6. The variance for a reduction in the lot size from 2 acres to 1.3 acres is considered to be the minimum possible to make reasonable use of the facility for the intended purpose as an assembly use. 7. The request is generally in keeping with the intent and purpose of the City’s Comprehensive Development Master Plan (CDMP) as outlined below. 8. Non-conforming uses on adjacent lands were not considered as part of the analysis of this application. 9. Financial hardship was not considered as part of the analysis of this application. In summary, the granting of the variance is not deemed detrimental to the public health and welfare. In order to be properly licensed the applicant will still be required to obtain any necessary building permits and fire inspections, as well as any other permits required by outside agencies. The basic intent of the code and the CDMP will still be maintained if the variance is granted. Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP) The application is specifically consistent with the following policies of the CDMP: Policy 1.3.1: Commerce areas shall provide for a wide variety of uses that range from major educational institutions, civic and governmental centers to major retail services as well as single purpose industrial areas. Policy 2.2.1: Public and Semi-Public Uses, In General. Public and semi-public uses and facilities include a range of unusual and special activities that shall be specifically identified and regulated through the City’s land development regulations. • Public/Semi-public uses are allowed in any of the future land use categories, subject to intensity, buffering, and location standards. • Public and semi-public uses include facilities such as elementary, middle and high schools, parks, houses of worship, hospitals, and utilities. Page 38 of 39 Agenda Item #13.3.1. Anticipated Facilities Impact The religious assembly would be contained within an existing building with existing utilities, existing off-street parking lot, and access to an existing right-of-way along NW 187th Street. No additional impacts to facilities are anticipated. Public Notification/Comments Notification of the applicant’s request was provided in accordance with Section 34-46 (d)(7). Conclusion The City’s Land Development Regulations allows the review of non-use variances subject to certain criteria. The application satisfies the criteria for granting of the non-use variance to allow a decrease in the minimum required lot area for a Place of Assembly as outlined in Section 34-47(h) - Granting of variances and waivers, and is generally consistent with the intent of the Land Development Regulations and the Comprehensive Development Master Plan. Financial hardship was not considered as part of the zoning review and analysis for the subject request. The requested variance does not impact or change the development on the property. LOCATION MAP: Page 39 of 39