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HomeMy WebLinkAbout2022-006-447_-_St._Thomas_University_Rezoning_-_Adopted.docxORDINANCE NO. 2022-006-447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT THE INTERSECTION OF NW 37TH PLACE AND THE PALMETTO EXPRESSWAY/NW 167TH STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM SINGLE-FAMILY DWELLING RESIDENTIAL TO PLANNED CORRIDOR DEVELOPMENT; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, three (3) vacant, unimproved lots located east of the intersection of NW 37th Place and NW 167th Street; just west of 3700 NW 167th Street (collectively “subject site”), further shown in Exhibit “A”, and together with four (4) additional properties, are all owned by St. Thomas University (“University”), and WHEREAS, the subject site is in a geographically disadvantaged location for further campus expansion and development resulting in the University’s desire to sell these lots for commercial use, and WHEREAS, all seven (7) parcels must be appropriately zoned for commercial use to facilitate commercial sale and development but, currently, only four (4) are zoned for Planned Corridor Development (“PCD”), and WHEREAS, the remaining three (3) subject site lots are zoned Single-Family Dwelling Residential (“R-1”) and are the subject of this rezoning request from R-1 to PCD, and WHEREAS, the City Council considered 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 rezoning of the subject site from R-1 to PCD because single-family homes would not be the highest and best use at this location, 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. DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339 Page 2 of 3 Ordinance No. 2022-006-447 Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida hereby approves the rezoning of that certain property located at the intersection of NW 37th Place and the Palmetto Expressway/NW 167th Street in Miami Gardens, Florida, more particularly described on Exhibit “A”, attached hereto, from Single Family Dwelling Residential to Planned Corridor Development. 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, 2021. 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 DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339 Page 3 of 3 Ordinance No. 2022-006-447 SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Stephens Seconded by: Councilwoman Campbell VOTE: 5-1 Mayor Harris Yes Vice Mayor Leon Absent Councilwoman Campbell No Councilwoman Ighodaro Yes Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson Yes DocuSign Envelope ID: F4BD1957-47F0-416A-8342-0852BAAFE339