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HomeMy WebLinkAbout2022-005-446_-_Oak_Village_Rezoning_-_Adopted.docxORDINANCE NO. 2022-005-446 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT 3311-3341 NW 189TH STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO, FROM AU, AGRICULTURAL AND UTILITIES TO R-15, MULTIPLE FAMILY DWELLING RESIDENTIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Gospel Tabernacle Faith Deliverance Church (“Applicant”) owns property approximately located at 3311-3341 NW 189th Street (“subject property”), and WHEREAS, the subject property is partially vacant and consists of three (3) structures, and WHEREAS, the Applicant wants to demolish the existing structures on the site and erect multifamily units, and WHEREAS, the existing Agricultural and Utilities (AU) Zoning District is restricted primarily to agricultural uses and does not permit any residential development, and WHEREAS, to facilitate residential development on the site, the Applicant is requesting a rezoning of the property from AU to Multiple Family Dwelling Residential (R- 15), and WHEREAS, the City Council considered has the testimony of the Applicant, if any, and the Staff Report attached hereto as Exhibit “B” and incorporated by reference, and WHEREAS, City Staff recommends the City Council approve the Ordinance rezoning the subject property from AU to R-15, 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 rezoning of that certain property located at 3311-3341 NW 189th DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339 Page 2 of 3 Ordinance No. 2022-005-446 Street in Miami Gardens, Florida, more particularly described in Exhibit “A” attached hereto, from Agricultural and Utilities to 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 CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed.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 23rd DAY OF FEBRUARY, 2022. PASSED ON SECOND READING ON THE 9th DAY OF MARCH, 2022. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON MARCH 9, 2022. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339 Page 3 of 3 Ordinance No. 2022-005-446 Moved by: Councilman Stephens Seconded by: Vice Mayor Leon VOTE: 6-0 Mayor Harris Yes Vice Mayor Leon Absent Councilwoman Campbell Yes Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339