HomeMy WebLinkAboutResolution 2020-128-3526 - Releasing Restrictive CovenantRESOLUTION NO. 2020-128-3526
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, RELEASING THAT CERTAIN
DECLARATION OF RESTRICTIONS SUBMITTED BY
GARDENS AND 27 LLC ON ITS APPLICATION FOR
SPECIAL EXCEPTION TO PERMIT A SELF STORAGE
FACILITY AND WINE COVE IN THE ENTERTAINMENT
OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT
17888-17994 NW 27TH AVENUE, MORE PARTICULARLY
DESCRIBED ON EXHIBIT “A” ATTACHED HERETO;
PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on September 12, 2018 the City of Miami Gardens (“City”) City
Council granted Special Exception approval to Gardens and 27 LLC via Resolution No.
2018-145-3559 for the establishment of a Self-Storage Facility and Wine Cove located
at 17888-17994 NW 27th Avenue at the rear of the Gardens Promenade Shopping
Center as shown in Exhibit A, and
WHEREAS, as part of the Special Exception Approval, a Restrictive Covenant
was put into effect limiting uses within the facility to indoor storage, wine cove and retail
only and requiring the property owner to develop the facility in accordance with an
approved site plan and adhere to certain operational and maintenance requirements
as shown in Exhibit B, and
WHEREAS, the project is currently being constructed in compliance with the
approved site plan and is nearing completion as shown in Exhibit C, and
WHEREAS, the owner is currently seeking out lessees in anticipation of the
project completion, but has expressed difficulty in obtaining a suitable tenant to operate
the proposed wine cove portion under the current market and economic conditions, and
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Resolution No. 2020-128-3526
WHEREAS, the owner is requesting a Release of Restrictive Covenant in order
to activate the space dedicated for wine cove use and allow for alternative tenancy
opportunities as permitted by the current code, and
WHEREAS, the change in use will not affect the building exterior or the
development standards outlined in the approved site plan, and
WHEREAS, all other tenant spaces within the Gardens Promenade Shopping
Center are already permitted to operate a variety of uses in compliance with the
Entertainment Overlay zoning district, and
WHEREAS, City Staff has no objection to the Release of Restrictive Covenant in
order to expand potential tenant opportunities to those uses already permitted by the
zoning code, and
WHEREAS, this certification of use is consistent with the remainder of the plaza
and applies to the majority of the NW 27th Avenue corridor between County Line Road
and the Palmetto Expressway,
NOW, THEREFORE, BE IT RESOLVED 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 Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby releases that certain declaration of restrictions submitted by Gardens and 27
LLC on its application for special exception to permit a self storage facility and wine
cove in the Entertainment Overlay District, for the property located at 17888-17994 NW
27TH Avenue, more particularly described on Exhibit “A” attached hereto.
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Resolution No. 2020-128-3526
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 14, 2020.
___________________________________
OLIVER GILBERT, III, MAYOR
ATTEST:
__________________________________
MARIO BATAILLE, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON D. BENSON, CITY MANAGER
Moved by: Councilman Leon
Seconded by Vice Mayor Harris
VOTE: 5-0
Mayor Oliver Gilbert , III ____ (Yes) ____ (No) (absent)
Vice Mayor Rodney Harris X (Yes) ____ (No)
Councilwoman Katrina Wilson X (Yes) ____ (No)
Councilman Robert Stephens III X (Yes) ____ (No)
Councilwoman Shannon Campbell X (Yes) ____ (No)
Councilman Reggie Leon X (Yes) ____ (No)
Councilman David Williams Jr ____ (Yes) ____ (No) (absent)
EXHIBIT A – LOCATION MAP
HEARING AREA LOCATION MAP
City of Miami Gardens
Planning & Zoning Division
FOLIO NUMBER(S)
34-2109-001-0010
34-2109-001-0011
ADDRESS
17888-17994 NW 27th Avenue
EXHIBIT B – DECLARATION OF RESTRICTIVE COVENANT (PREVIOUS)
Return to: (enclose self-addressed stamped envelope)
Name: Mario Bataille, City Clerk
18605 NW 27th Avenue
Miami Gardens, Florida 33056
This Instrument Prepared by:
Sonja K. Dickens, Esquire
City Attorney
18605 NW 27th Avenue
Miami Gardens, Florida 33056
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS
WHEREAS, GARDENS AND 27 LLC ("Applicant"), owns certain property located
at the southwest corner of NW 27th Avenue and NW 183rd Street ("Property"), more
particularly described on Exhibit "A," attached hereto, and
WHEREAS, the Applicant filed an Application with the City of Miami Gardens for:
(A) Special Exception Use to permit Self Storage facility.
IN ORDER TO ASSURE the City of Miami Gardens that the representations made
by the Applicant will be abided by, the Applicant, subject only to conditions contained
herein, freely, voluntarily and without duress, makes the following Declaration of
Restrictions covering and running with the Property:
1. Operation and Maintenance Restrictions.
a.That the property be developed substantially in compliance with the
conceptual plans submitted entitled “Storage Center at Gardens
Promenade” as prepared CPH, Inc. dated March 22, 2018.
b.That the use shall be non-transferable. Any transfer, sale, or expansion
of the business use shall require a new Special Exception request
approval by the City Council;
c.That the floorplan include a dedicated area for a wine cove with tasting
room to be operated in conjunction with the self-storage use. Failure to
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operate a wine tasting room or other retail space approved by the City,
shall subject the Special Exception approval to revocation;
d.That all storage and related activities shall be performed within the
enclosed building and no outdoor storage shall be permitted at any time;
e.That the Owner shall apply for and obtain a Business License and
Certificate of Use from the City for both the self-storage facility and the
wine cove with tasting room, prior to the issuance of a Temporary
Certificate of Occupancy (TCO);
2. Site Plan Approval. Site plan approval shall be required prior to issuance of a
building permit.
3. Landscape Plans Approval. landscape plan approval shall be required prior to
issuance of a building permit and shall comply with ARTICLE XIV- MINIMUM
LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES
of the City’s Land Development Regulations.
4. City Inspection. As further part of this Declaration, it is hereby understood and
agreed that any official inspector of the City, or its agents duly authorized, may
have the privilege at any time during normal working hours of entering and
inspecting the use of the premises to determine whether or not the requirements
of the building and zoning regulations and the conditions herein agreed to are
being complied with.
5. Covenant Running With The Land. This Declaration on the part of the Owner
shall constitute a covenant running with the land and shall remain in full force
and effect and be binding upon the Owner, and his heirs, successors and
assigns until such time as the same is modified or released. These restrictions
during their lifetime shall be for the benefit of, and limitation upon, all present and
future owners of the real property and for the public welfare.
6. Term. This Declaration is to run with the land and shall be binding on all parties
and all persons claiming from the date this Declaration is recorded. This
Declaration shall be in effect for a period of thirty (30) years from the date of
recordation in the public records of Miami-Dade County, Florida, after which time
it shall be automatically extended for periods of ten (10) years. This Declaration
may be modified, amended or released as to the Property or any portion thereof
by a written instrument executed by the then Applicant(s) of the Property, and
applicable mortgagees, if any, provided that same is approved by the City
Council after public hearing. In such event, the Mayor or City Manager shall
execute a written instrument suitable for recordation acknowledging such
modification, amendment or release.
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7. Modification, Amendment, Release. This Declaration of Restrictions may be
modified, amended or released as to the land herein described, or any portion
thereof, by a written instrument executed by the, then, owner(s) of all of the
Property, including joinders of all mortgagees, if any, provided that the same is
also approved by the City, or other procedure permitted under the City's Code,
whichever by law has jurisdiction over such matters, after public hearing.
8. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants. The prevailing party in any
action or suit pertaining to or arising out of this declaration shall be entitled to
recover, in addition to costs and disbursements allowed by law, such sum as the
Court may judge to be reasonable for attorney fees. This enforcement provision
shall be in addition to any other remedies available at law or in equity.
Jurisdiction shall be proper in Miami-Dade County.
9. Authorization for Miami Gardens to Withhold Permits and Inspections. In
the event the terms of this Declaration are not complied with, in addition to any
other remedies available, the City is hereby authorized to withhold any further
permits, and refuse to make any inspections or grant any approvals, until such
time as this Declaration is complied with.
EXHIBIT C
GARDENS PROMENADE SELF-STORAGE AND WINE COVE
Site Conditions – September 23, 2020
EXHIBIT C
EXHIBIT C