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HomeMy WebLinkAbout2022-004-445_-_Monument_of_Faith_Rezoning_-_Adopted.docxORDINANCE NO. 2022-004-445 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY ELBERT L. WATERS ON BEHALF OF MONUMENT OF FAITH, INC., FOR THE REZONING OF THE PROPERTY GENERALLY LOCATED 500 FEET SOUTH OF THE INTERSECTION OF NW 20TH AVENUE AND NW 183RD STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO, FROM SINGLE FAMILY DWELLING RESIDENTIAL (“R-1”) TO R-25 MULTIPLE FAMILY DWELLING RESIDENTIAL (“R-25”); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Elbert L. Waters on behalf of Monument of Faith, Inc., (“Applicant”) is the owner of that certain real property generally located 500 feet south of the intersection of NW 20th Avenue and NW 183rd Street in Miami Gardens, Folio No. 34-2110-001-0060, more particularly described on Exhibit “A”, and WHEREAS, currently the 1.78 acre property is vacant and the current zoning is R- 1, Single Family Dwelling Residential with a Neighborhood land use designation, and WHEREAS, the property to the north of the site is zoned R-25, while remaining properties surrounding the site are zoned R-1, Single Family Residential, and WHEREAS, the Applicant wishes to erect multifamily units on the subject site, and WHEREAS, in order to facilitate a Multiple Family Residential development on the site, the Applicant is requesting a rezoning of the 1.78 acre parcel property from R-1, Single Family Dwelling Residential to R-25, Multiple Family Dwelling Residential, and WHEREAS, the existing R-1, Single Family Dwelling Residential zoning is restricted to single family homes and does not permit Multiple Family Dwelling Residential development per Section 34-287, Use Regulations, Generally- Table 1: Permitted Uses of the City's Land Development Regulations, and WHEREAS, the City's Planning and Zoning staff has made a determination that the application is consistent with the Comprehensive Development Master Plan, and recommends approval of the application, and WHEREAS, the City Council has considered the testimony of the applicant, if any, and DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3 Page 2 of 3 Ordinance No. 2022-004-445 WHEREAS, the City Council also considered the testimony of the City's Planning and Zoning staff, and the staff’s report attached hereto as Exhibit “B” and incorporated herein by reference, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida hereby approves the application submitted by, Elbert L. Waters on behalf of Monument of Faith, Inc., for the rezoning of the property generally located 500 feet south of the intersection of NW 20th Avenue and NW 183rd Street in Miami Gardens more particularly described on Exhibit “A”, a copy of which is attached hereto, R-1, Single Family Dwelling Residential to R-25, Multiple Family Dwelling Residential. Section 3. CONFLICT: All Ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 26th DAY OF JANUARY, 2022. PASSED ON SECOND READING ON THE 9th DAY OF FEBRUARY, 2022. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON FEBRUARY 9, 2022. DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3 Page 3 of 3 Ordinance No. 2022-004-445 ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Stephens Seconded by: Vice Mayor Leon VOTE: 7-0 Mayor Harris Yes Vice Mayor Leon Yes Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: 4C07ACC4-FC37-441C-B057-59E3117877C3