HomeMy WebLinkAbout2023-013-496_-_Bluenest_Homes_Rezoning_-_AdoptedORDINANCE NO. 2023-013-469
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, REZONING THAT CERTAIN
PROPERTY LOCATED AT NORTHWEST 43RD COURT AND
SOUTH OF NORTHWEST 205TH STREET IN MIAMI GARDENS,
FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO, FROM AGRICULTURAL AND UTILITIES
(“AU”) TO SINGLE FAMILY DWELLING RESIDENTIAL (“R-1”);
PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN
CODE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Bluenest Homes (“Applicant”) owns property located at NW 43rd
Court south of NW 205th Street in the City of Miami Gardens (“Subject Property”), and
WHEREAS, Subject Property is a vacant agricultural lot just over a half-acre in
size, a copy of which is attached hereto as Exhibit “A”, and the Applicant wants to rezone
the lot to Single Family Dwelling Residential (“R-1”) in order to subdivide it for the
construction of single family homes , and
WHEREAS, rezoning the Subject Property from Agricultural and Utilities (“AU”) to
R-1 would be consistent with the existing neighborhood characteristic of the surrounding
community and would be consistent with the Goals, Objectives, and Policies of the City’s
Comprehensive Development Master Plan (“CMDP”), and
WHEREAS, the City Council has 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 rezoning of the
subject property from AU, Agricultural and Utilities to R-1, Single Family Dwelling
Residential,
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 hereby
rezoning that certain property located at Northwest 43rd Court and South of Northwest
205th Street in Miami Gardens, Florida, more particularly described in Exhibit “A” attached
hereto, from Agricultural and Utilities (“AU”) to Single Family Dwelling Residential (“R-1”).
DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B
Page 2 of 3
Ordinance No. 2023-013-469
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 8TH DAY OF NOVEMBER, 2023.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS
AT ITS REGULAR MEETING HELD ON DECEMBER 13, 2023.
________________________________
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 Leon
Seconded by: Councilwoman Campbell
VOTE: 6-0
DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B
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Ordinance No. 2023-013-469
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Absent
Councilwoman Julien Yes
Councilman Leon Yes
Councilman Stephens, III Yes
DocuSign Envelope ID: 9FB81008-6E24-4AFB-9265-3C18F17A656B
City of Miami Gardens
Agenda Cover Memo
Meeting: City Council - Dec 13 2023
23-272
Department
Planning & Zoning Department
Sponsored By
City Manager
Agenda Item Title
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, REZONING THAT CERTAIN PROPERTY LOCATED AT NORTHWEST
43RD MIAMI IN 205TH NORTHWEST STREET SOUTH AND COURT OF
GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”
ATTACHED HERETO, FROM AGRICULTURAL AND UTILITIES (“AU”) TO SINGLE
FAMILY ADOPTION OF FOR RESIDENTIAL (“R-1”); DWELLING PROVIDING
REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING
A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING
AN EFFECTIVE DATE.
Staff Summary
The subject property as shown in Exhibit A attached hereto is a vacant agricultural lot just
over a half-acre in size located at NW 43rd Court south of NW 205th Street. The property is
one of the last remaining agriculturally zoned lots located in an otherwise R-1, Single Family
Dwelling Residential zone.
The property owner wishes to rezone the lot to R-1, Single Family Dwelling Residential in
order to later subdivide it for the construction of single family homes. This is in keeping with
the existing neighborhood characteristic of the surrounding community as outlined in the
staff report shown in Exhibit B. As such, the rezoning request is deemed to be generally
consistent Gardens Miami of City the of and Objectives Goals, the with Policies
Comprehensive Development Master Plan (CMDP), and satisfies the criteria for granting of
amendments or adoption of changes to the text of the LDRs or change of the actual official
zoning map designation of a parcel or parcels. Rezoning of the property from AU, Agricultural
and Utilities to R-1, Single Family Dwelling Residential is considered to be an appropriate
zoning designation.
Fiscal Impact
There will be no fiscal impact to the budget.
Recommended Action
Staff recommends approval of the Ordinance rezoning the subject property from AU,
Agricultural and Utilities to R-1, Single Family Dwelling Residential
Attachments
Ordinance 2023 - Bluenest Homes Rezoning from AU, Agricultural to R-1, Single
Family Dwelling Residential
Exhibit A - Survey & Legal Description, Bluenest Rezoning AU to R-1
Exhibit B - Staff Recommendation, Bluenest Rezoning AU to R-1
JEP / JB03/17/202322-002040-116271293
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)1245678910111213NW 43rd CT.NW 205th ST.NW 207th DR.REVISED ON: __________________________________REVISED ON: __________________________DRAWN BY:FIELD DATE:SURVEY NO:SHEET:1 OF 2JULIO E. PEREZProfessional Land Surveyors & Mappers 6029,STATE OF FLORIDA15278 SW 39th TERRACE, MIAMI, FLORIDA 33185PH. (305) 342-6810THE NORTH 80 FEET OF THE SOUTH 975 FEET OF TRACT 42, EVERGLADES SUGAR AND LANDCOMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, ACCORDING TO THEPLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADECOUNTY, FLORIDA.SURVEYOR'S CERTIFICATION:I HEREBY CERTIFY: THIS "BOUNDARY AND TOPOGRAPHIC SURVEY" OF THEPROPERTY DESCRIBED HEREON, HAS RECENTLY BEEN SURVEYED AND DRAWNUNDER MY SUPERVISION, AND COMPLIES WITH THE STANDARDS OF PRACTICEAS SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL LAND SURVEYORS INCHAPTER 5J-17, FLORIDA ADMINISTRATIVE CODE PURSUANT TO 472.027,FLORIDA STATUTES. OTHER.BY:JULIO E. PEREZ(DATE OF SURVEY)PROFESSIONAL SURVEYOR AND MAPPER No.: 6029 STATE OF FLORIDA05-05-2023 SCALE 1" = 300'LOCATION SKETCHDEVELOPMENT INFORMATIONOWNER:BLUENEST HOMES 1 LLCMAILING ADDRESS33 SW 2 AVE 401 MIAMI, FL 33130DEVELOPMENT INFORMATION:PARENT TRACT AREA ± 26,377 SQUARE FEET (±0.61 ACRES)CUT-OUT-PARCEL - "A" CONTAINING ± 6,594.4 SQUARE FEETPROPOSED SINGLE FAMILY HOME (2,000 SQ. FT.)CUT-OUT-PARCEL - "B" CONTAINING ± 6,594.4 SQUARE FEETPROPOSED SINGLE FAMILY HOME (2,000 SQ. FT.)CUT-OUT-PARCEL - "C" CONTAINING ± 6,594.4 SQUARE FEETPROPOSED SINGLE FAMILY HOME (2,000 SQ. FT.)CUT-OUT-PARCEL - "D" CONTAINING ± 6,594.4 SQUARE FEETPROPOSED SINGLE FAMILY HOME (2,000 SQ. FT.)FLOOD CRITERIA:MIAMI-DADE COUNTY FLOOD CRITERIA PER PLAT BOOK 120, PAGE 13: +8.6’LEGAL DESCRIPTION OF THE PARENT TRACT:FEMA INFORMATION:THE NATIONAL FLOOD INSURANCE PROGRAM MAPS HAVE DESIGNATED THEHEREIN DESCRIBED LANDS TO BE SITUATED IN:COMMUNITY NAME: CITY OF MIAMI GARDENSCOMMUNITY NUMBER: 120345PANEL NUMBER: 0710SUFFIX: LFLOOD ZONE: AEHAVING A BASE FLOOD ELEVATION OF 7.0 FEETDATE OF FIRM: 09/11/2009.FOLIO NUMBER:34-1132-001-0150SURVEYOR'S SURVEY NOTES:CUT-OUT-PARCELS:LEGAL DESCRIPTION CUT-OUT-PARCEL - "A"OPINION OF TITLE SURVEYOR'S NOTESTHIS BOUNDARY AND TOPOGRAPHIC SURVEY HEREIN WAS SURVEYED BASED ON THE LEGALDESCRIPTION AS SHOWN ON THE OPINION OF TITLE FURNISHED TO MIAMI-DADE COUNTY,PROVIDED BY MARCO DE LA CAL, ESQUIRE, ISSUED BY OLD REPUBLIC NATIONAL TITLEINSURANCE COMPANY, UNDER FILE NUMBER OXFL-09159098, COVERING THE PERIOD FROMTHE BEGINNING A.D. TO APRIL 10th, 2023 AT THE HOUR OF 11:00 P.M. INCLUSIVE, OF THEFOLLOWING DESCRIBED REAL PROPERTY.GENERAL EXCEPTIONS:1. ALL TAXES FOR THE YEAR IN WHICH THIS OPINION IS RENDERED, UNLESS NOTED BELOW THATSUCH TAXES HAVE BEEN PAID.2. RIGHTS OF PERSONS OTHER THAN THE ABOVE OWNERS WHO ARE IN POSSESSION.3. FACTS THAT WOULD BE DISCLOSED UPON ACCURATE SURVEY.4. ANY UNRECORDED LABOR, MECHANICS' OR MATERIALMEN'S LIENS.5. ZONING AND OTHER RESTRICTIONS IMPOSED BY GOVERNMENTAL AUTHORITIES.NOTE: THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON THIS SURVEY THAT MAY BEFOUND IN THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, EXAMINATION OF TITLECOMMITMENT WAS PERFORMED TO DETERMINE RECORDED INSTRUMENTS, IF ANY AFFECTINGTHIS PROPERTY.SPECIAL EXCEPTIONS:1. ANY LIEN, OR RIGHT TO A LIEN, FOR SERVICES, LABOR OR MATERIAL HERETOFORE OR HEREAFTERFURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS.2. ANY ADVERSE OWNERSHIP CLAIM BY THE STATE OF FLORIDA BY RIGHT OF SOVEREIGNTY TO ANYPORTION OF THE LANDS INSURED UNDER THE ABOVE REFERENCED TITLE INSURANCE POLICIES,INCLUDING SUBMERGED, FILLED AND ARTIFICIALLY EXPOSED LANDS, AND LANDS ACCRETED TO SUCHLANDS.3. THE LIEN OF ALL TAXES FOR THE YEAR 2022 AND THEREAFTER, WHICH ARE NOT YET DUE OR PAYABLE.4. ALL MATTERS CONTAINED ON THE PLAT OF EVERGLADES SUGAR AND LAND COMPANY, AS RECORDEDIN PLAT BOOK 2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.5. EASEMENT IN FAVOR OF FLORIDA POWER & LIGHT COMPANY RECORDED IN OFFICIAL RECORDS BOOK14335, PAGE 2848, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.(AFFECT THE SUBJECT PROPERTY AS SHOWN ON THE SURVEY) .6. RESOLUTION R-702-15 SPECIAL TAXING DISTRICT RECORDED IN OFFICIAL RECORDS BOOK 29791, PAGE1488, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. (AFFECT THE SUBJECT PROPERTY AND IS NOT PLOTTABLE) .BEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED VALUE OF (N89°59'31"E") ALONG THECENTERLINE OF THE NW 205th STREET, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLATBOOK 68, PAGE 95, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDATHIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND EACH SHEET SHALL NOT BE CONSIDERED FULL,VALID NOR COMPLETE UNLESS ATTACHED TO THE OTHER.1. ALL ELEVATIONS SHOWN ARE REFERRED TO NATIONAL GEODETIC VERTICAL DATUM(N.G.V.D.) OF 1929 MIAMI-DADE COUNTY.2. BENCHMARK #1 N-855; LOCATOR No. 2140 W, PK NAIL AND ALUMINUM WASHER IN TOPOF CONC CATCH BASIN. NNW 199 ST --- 37' SOUTH OF C/L AND NW 42 AVE --- 159' EASTOF C/L ELEVATION IS 6.20 FEET OF N.G.V.D. OF 1929.3. BENCHMARK #2 H-357-2; LOCATOR No. 1155 S, SRD DISC ON THE SE CORNER OF BRIDGEUNDER GUARDRAIL. SNAKE CREEK CANAL (APPROX 207 ST) --- NW 47 AVE --- 22' EAST OFC/L. ELEVATION IS 14.03 FEET OF N.G.V.D. OF 1929.4. THERE MAY BE ADDITIONAL RESTRICTIONS NOT SHOWN ON THE SURVEY THAT MAY BEFOUND IN THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA.5. NO UNDERGROUND UTILITIES OTHER THAN THOSE SHOWN ON THE SURVEY WERE FOUND.UNLESS OTHERWISE SPECIFIED, THIS FIRM HAS NOT LOCATED ANY FOOTINGS AND/ORFOUNDATIONS UNDERGROUND.6. THIS IS A BOUNDARY AND TOPOGRAPHIC SURVEY FOR A WAIVER OF PLAT.7. THE ACCURACY OBTAINED FOR ALL HORIZONTAL CONTROL MEASUREMENTS, BASED ONA 95% CONFIDENCE LEVEL, VERIFIED BY REDUNDANT MEASUREMENTS AND OFFICECALCULATIONS OF CLOSED GEOMETRIC FIGURES, MEETS OR EXCEEDS AN EQUIVALENTLINEAR CLOSURE STANDARD OF 1 FOOT IN 7,500 FEET (SUBURBAN). THE ELEVATIONS ASSHOWN ARE BASED ON A CLOSED LEVEL LOOP TO THE BENCHMARK NOTED ABOVE ANDMEETS OR EXCEEDS A CLOSURE IN FEET OF PLUS OR MINUS 0.05 FEET TIMES THE SQUAREROOT OF THE DISTANCE IN MILES.8. FENCE OWNERSHIP NOT DETERMINED. THE TERM "ENCROACHMENT" MEANS VISIBLE ANDABOVE GROUND ENCROACHMENTS.PROPERTY ADDRESS:(VACANT LAND)WATER AND SEWER SERVICES:MIAMI-DADE WATER AND SEWER DEPARTMENTZONING INFORMATION AS PER PROPERTY APPRAISER:(ZONING INFORMATION IS SUBJECT TO CHANGE)PA PRIMARY ZONE:9000 AGRICULTUREPRIMARY LAND USE:9981 ACREAGE NOT CLASSIFIED AG : VACANT LANDLAND INFORMATION:LAND USE: GENERALMUNI ZONE: AUPA ZONE: 9000 - AGRICULTURESETBACK INFORMATION MIAMI-DADE COUNTY ZONING DISTRICTS:(AU) 9000 - AGRICULTUREPRINCIPAL FRONT SETBACK (50) FEETSIDE SETBACK (15) FEET MAX.REAR SETBACK (25) FEETNOTE: LOTS IN OLD SUBDIVISIONS MAY HAVE DIFFERENT MINIMUM DIMENSIONSAND REQUIREMENTS.SUBJECT TO MIAMI-DADE COUNTY ZONING DEPARTMENT CODE ENFORCEMENTTHE WEST 82.42 FEET OF THE NORTH 80 FEET OF THE SOUTH 975 FEET OF TRACT 42, EVERGLADESSUGAR AND LAND COMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OF THE PUBLICRECORDS OF MIAMI-DADE COUNTY, FLORIDA.LEGAL DESCRIPTION CUT-OUT-PARCEL - "B"THE EAST 82.42 FEET OF THE EAST 164.85 FEET OF THE NORTH 80 FEET OF THE SOUTH 975 FEET,OF TRACT 42, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP 51SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.LEGAL DESCRIPTION CUT-OUT-PARCEL - "C"THE EAST 82.42 FEET OF THE EAST 247.27 FEET OF THE NORTH 80 FEET OF THE SOUTH 975 FEET,OF TRACT 42, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP 51SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.LEGAL DESCRIPTION CUT-OUT-PARCEL - "D"THE NORTH 80 FEET OF THE SOUTH 975 FEET, LESS THE WEST 247.27 FEET OF TRACT 42,EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP 51 SOUTH,RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OFTHE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.MAP OF BOUNDARY AND TOPOGRAPHIC SURVEYWAIVER OF PLAT BLUENEST HOMES 1 LLCA PORTION OF TRACT 42, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OFTHE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.LYING AND BEING IN THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA.LYING A PORTION OF TRACT 42, EVERGLADES SUGAR AND LANDCOMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK2, PAGE 75, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.MAY, 2023Digitally signed by JULIO E PEREZ Date: 2023.05.09 16:51:27 -04'00' Adobe Acrobat version: 2018.009.20050Digitally signed by JULIO E PEREZ Date: 2023.05.09 16:52:11 -04'00' Adobe Acrobat version: 2018.009.20050EXHIBIT A
S89°59'31"W 329.75'N01°05'54"E 80.01' %2% 1
(N89°59'31"E 329.75'S01°05'54"W 80.01'7.067.
1
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77.117.016.906.777.027.107.186.
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4
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4
8
7.
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9
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7.007.047.247.
1
8
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0
47.217.097.
1
4 7.246.847.
2
26.966.82
5.
5
25.978765SSMHRIM EL.=6.50'31246.586.476.44 6.306.206.586.376.306.626.28
6.276.
6
16.356.
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8 6.266.356.556.236.
2
9
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6
46.346.326.126.366.506.
6
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2
9
SSMHRIM EL.=6.47'6.166.446.146.116.386.206.186.235.965.
9
35.695.885.946.426.037.
1
8
6.
5
86.776.266.155.766.316.
6
27.797.226.776.626.
6
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6
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5
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3
0
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8
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75.996.505.7700000L.P.////////////////////////////////XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX//////////////////////////////X X X X X X X X X X X X X X X X X X X X X X X X X X XXX////////0000000000000000//V A C A N T L A N DCUT-OUT-PARCEL - "B"/$1'$5($ 64)725$&5(65' CONC. SWK.5' CONC. SWK.PWY. AREAASPHALTPAVEMENTLC NW 205th STREETLCLCNW 43rd COURT
LC LC50' TOTAL RIGHT-OF-WAYCATVCONC.RETURNCONC.RETURN20' ASPHALTPVMT.AS
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ASPHALTRETURNW.F.C.L.F.C.L.F.C.L.F.W.F.C.L.F.LOT - 18BLOCK - 3STARLIGHT(P.B. 92, PG. 43)FOLIO No.: 34-1132-005-1060PROPERTY ADDRESS: 20441 NW 43 CTOWNER: JOHN M HARRY & ELIZABETHLOT - 17BLOCK - 3STARLIGHT(P.B. 92, PG. 43)FOLIO No.: 34-1132-005-1050PROPERTY ADDRESS: 20442 NW 43 CTOWNER: WILFREDO RUIZ & MARTHAFOLIO No.: 34-1132-005-0890PROPERTY ADDRESS: 4360 NW 205 STOWNER: JAVIER DEL TORO SARDINASLOT - 1BLOCK - 3STARLIGHT(P.B. 92, PG. 43)LIMIT OF PLATEASTERLY BOUNDARY TRACT 42
TRACT 41
EVERGLADES SUGAR & LAND
COMPANY SUBDIVISION
(P.B. 2, PG. 75)
FOLIO No.: 34-1132-001-0140
OWNER: CLEAR CHANNEL
METROPLEX INC FOLIO No.: 34-1132-004-3020PROPERTY ADDRESS: 4341 NW 205 STOWNER: PATRICIA DELAWARELOT - 2BLOCK - 56CAROL CITY GARDENS 2NDADDITION(P.B. 68, PG. 95)FOLIO No.: 34-1132-004-3000PROPERTY ADDRESS: 4351 NW 205 STOWNER: MARIO LOPEZNORA PEREZ DOVALLOT - 24BLOCK - 55CAROL CITY GARDENS 2NDADDITION(P.B. 68, PG. 95)FOLIO No.: 34-1132-004-2990PROPERTY ADDRESS: 4361 NW 205 STOWNER: PATROCINIO CENTENO &JACKELINE CONTRERASLOT - 23BLOCK - 55CAROL CITY GARDENS 2NDADDITION(P.B. 68, PG. 95)FOLIO No.: 34-1132-004-2980PROPERTY ADDRESS: 4371 NW 205 STOWNER: TOMICKA L CARRLOT - 22BLOCK - 55CAROL CITY GARDENS 2NDADDITION(P.B. 68, PG. 95)PARKWAY AREALIMIT OF PLATLOT - 2BLOCK - 3STARLIGHT(P.B. 92, PG. 43)FOLIO No.: 34-1132-005-0900PROPERTY ADDRESS: 20433 NW 43 PLOWNER: JORGE R WONGNW 43rd COURT
ASPHALTPAVEMENTLIMIT OF PLAT
50' TOTAL RIGHT-OF-WAY
NW 43rd PLACE50' TOTAL RIGHT-OF-WAY 25.00'25.00'25.00'
25.00'25.00'
25.00'25.0'NORTH LINE OF THESOUTH 975 FEET OFOF TRACT 42FOUNDNAILPLAT LIMITSCAROL CITY GARDENSADDITION(P.B. 68, PG. 95)PARKWAY AREAFOUNDNAIL & DISKLB#7806204.74' (C) (M)125.01' (C) (M)62.68' (C) (M)P.C.P.FOUNDNAIL25.00'20' ASPHALTPVMT.86.72' (R) (M)F.I.P 5/8"IN CONC.O/S 0.3' E.S.I.R 1/2"PSM 6029(CUL-DE-SAC)BLOCK CORNERF.I.R 1/2"NO CAP0.1'
0.6'SOUTH LINE OF THEOF THE NORTH 80 FEETOF THE SOUTH 975 FEET OFTRACT 42S89°59'31"W 82.44'S89°59'31"W 82.44'S89°59'31"W 82.44'S89°59'31"W 82.44'3.1'3.3'S01°05'54"W 80.01'
S01°05'54"W 80.01'
S01°05'54"W 80.01'N89°59'31"E 82.44'N89°59'31"E 82.44'N89°59'31"E 82.44'N89°59'31"E 82.44'V A C A N T L A N DCUT-OUT-PARCEL - "A"/$1'$5($ 64)725$&5(6V A C A N T L A N DCUT-OUT-PARCEL - "C"/$1'$5($ 64)725$&5(6V A C A N T L A N DCUT-OUT-PARCEL - "D"/$1'$5($ 64)725$&5(6S.I.R 1/2"PSM 602910' FLORIDA POWER & LIGHT EASEMENT
PER O.R.B. 14335, PG. 2848
LC
S.I.R 5/8"LB#7806END OF SWK.END OF
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4
07.057.
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7.507.017.377.127.257.366.4220.4'
18.9'JEP / JB03/17/202322-002040-1TREE TABLENo.NameDiameter(Ft.)Height(Ft.)Spread(Ft.)1ROYAL PONCIANA0.9018252PALM1.008103PALM2.0012104PALM1.408105UNKNOWN3.5020226OAK0.7016187PALM1.2518128PALM1.2518129AVOCADO0.7025166' MIN.
DRIPLINE
INSTALLED AT LOCATIONAS-SHOWN ON PLANSCONTINUOUS FENCINGPOST @ mx 10' O.C.TREE OR PALMNOTE:BARRIER TO BE CONTINUOUS AROUND THE TREE OR GROUP OF TREES.TREE PROTECTION BARRIER DETAILN.T.S.10.00' MIN.10.00'EXIST. TREE TO REMAINTREEDETAILSIGNTREEDETAILSIGN15.00'SURVEYOR'S NOTE:AN ARBORIST MUST CONFIRM ALL THE TREENAMES, CONDITION ANDSPECIES, WHAT IS SHOWN ON THE SURVEYMAY NOT BE THE CORRECT NAME OF THE TREES.LAND SURVEYORS ARE NOT ARBORIST.1.MINIMUM SIX (6) FOOT HIGH TEMPORARY TREE PROTECTION BARRIER SHALL BE PLACEDAT THE CRITICAL ROOT ZONE OR DESIGNATED LIMIT OF DISTURBANCE OF THE TREE TO BESAVED. FENCE SHALL COMPLETELY ENCIRCLE TREE(S). INSTALL FENCE POSTS USING PIERBLOCK ONLY. AVOID POST OR STAKES INTO MAJOR ROOTS. MODIFICATIONS TO FENCINGMATERIAL AND LOCATION MUST BE APPROVED BY PLANNING OFFICIAL.2.TREATMENT OF ROOTS EXPOSED DURING CONSTRUCTION FOR ALL ROOTS OVER ONE (1)INCH IN DIAMETER DAMAGED DURING CONSTRUCTION, MAKE A CLEAN STRAIGHT CUT TOREMOVE DAMAGED PORTION OF ROOT. ALL EXPOSED ROOTS SHALL BE TEMPORARILYCOVERED WITH DAMP BURLAP TO PREVENT DRYING AND COVERED WITH SOIL AS SOON ASPOSSIBLE.3.NO STOCKPILING OF MATERIALS, VEHICULAR TRAFFIC, OR STORAGE OF EQUIPMENT ORMACHINERY SHALL BE ALLOWED WITHIN THE LIMIT OF THE FENCING. FENCING SHALL NOTBE MOVED OR REMOVED UNLESS APPROVED BY THE CITY PLANNING OFFICIAL. WORKWITHIN PROTECTION FENCE SHALL BE DONE MANUALLY UNDER THE SUPERVISION OF THEON-SITE ARBORIST AND WITH PRIOR APPROVAL BY THE CITY PLANNING OFFICIAL.4.FENCING SIGNS AS DETAILED ABOVE MUST BE POSTED EVERY FIFTEEN (15) ALONG THEFENCE.DRAWN BY:FIELD DATE:SURVEY NO:SHEET:2 OF 2 GRAPHIC SCALE-20 0 10 20 40 80 (IN FEET) 1 INCH = 20 FEET = DENOTE SECTION CORNERABBREVIATIONSASPH. = ASPHALTB.M. = BENCH MARKB.O.B. = BASIS OF BEARINGC.B. = CATCH BASINCL. = CLEARC.L.F. = CHAIN LINK FENCE° = DEGREESELEV. = ELEVATIONF.I.R. = FOUND IRON RODF.I.P. = FOUND IRON PIPEF.F.E. = FINISHED FLOOR ELEVATIONF.N.D. = FOUND NAIL & DISKFT. = FEETFNIP. = FEDERAL NATIONAL INSURANCE PROGRAML.B. = LICENSED BUSINESSL.F.E. = LOWEST FLOOR ELEVATION' = MINUTESLO-HLEGEND= OVERHEAD UTILITY LINES= CHAIN LINK FENCE= IRON FENCE= BUILDING SETBACK LINE= UTILITY EASEMENT= LIMITED ACCESS R/W= EXISTING ELEVATIONSXXX000/////////M.H. = MANHOLEN.A.P. = NOT A PART OFNGVD = NATIONAL GEODETIC VERTICAL DATUM# or No. = NUMBERO/S = OFFSETO.R.B. = OFFICIAL RECORDS BOOKPVMT. = PAVEMENTP.O.C. = POINT OF COMMENCEMENTP.O.B. = POINT OF BEGINNINGPWY = PARKWAYP.L.S. = PROFESSIONAL LAND SURVEYORR/W = RIGHT-OF-WAYRGE. = RANGESEC. = SECTIONSWK. = SIDEWALKS.I.R. = SET IRON REBARS = SOUTH" = SECONDSTWP. = TOWNSHIPRGE. = RANGETSB = TRAFFIC SIGNAL BOXU.E. = UTILITY EASEMENTU.P. = UTILITY POLEW.M. = WATER METERC = CENTER LINEBEARINGS SHOWN HEREON ARE BASED ON AN ASSUMED VALUE OF (N89°59'31"E) ALONG THECENTERLINE OF THE NW 205th STREET, ALSO BEING THE NORTH LINE OF THE NE 1/4 OF SECTION32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, LYING AND BEING IN MIAMI-DADE COUNTY, FLORIDA.THIS DOCUMENT CONSISTS OF TWO (2) SHEETS AND EACH SHEET SHALL NOT BE CONSIDERED FULL,VALID NOR COMPLETE UNLESS ATTACHED TO THE OTHER.OWNERS INFORMATION:JULIO E. PEREZProfessional Land Surveyor & Mapper15278 SW 39th TERRACE, MIAMI,FLORIDA 33185(305) 342-6810EMAIL: judopsm@aol.comCONTACT INFORMATION:SALIM CHRAIBI CHIEF EXECUTIVE OFFICERBLUENEST DEVELOPMENT.(305) 458 565633 SW 2nd AVENUE, STE 401, MIAMI, FL 33130Salim@bluenest.ussalim@bluenestdevelopment.comOTHER CONTACT:DAMIAN THOMASONPRESIDENTD.E.T.STRATEGIC CONSULTANTS, LLC12385 N. PARKLAND BAY TRAILPARKLAND, FL 33076PH: 954-309-5945MOBILE: 248-794-0264EMAIL: Damian@det-sc.comMAY, 2023JULIO E. PEREZProfessional Land Surveyors & Mappers 6029,STATE OF FLORIDA15278 SW 39th TERRACE, MIAMI, FLORIDA 33185PH. (305) 342-6810MAP OF BOUNDARY AND TOPOGRAPHIC SURVEYWAIVER OF PLAT BLUENEST HOMES 1 LLCA PORTION OF TRACT 42, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION, IN SECTION 32, TOWNSHIP51 SOUTH, RANGE 41 EAST, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, PAGE 75, OFTHE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.LYING AND BEING IN THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA.
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Exhibit “B”- Staff Recommendation
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STAFF RECOMMENDATION
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APPLICATION INFORMATION
Applicant: Bluenest Homes 1, LLC
Location: NW 43rd Court, South of NW 205th
Street
Folio No.: 34-1132-001-0150 & 34-1132-001-
0155
Property Size: 0.61 +/- acre
Future Land Use: Neighborhood
Existing Zoning: AU, Agricultural and Utilities
Requested Action(s): Rezone from AU, Agricultural and
Utilities to R-1, Single Family
Dwelling Residential
RECOMMENDATION:
Staff recommends granting the rezoning of the subject property
from AU, Agricultural and Utilities to R-1, Single Family Dwelling
Residential
REVIEW AND ANALYSIS:
Neighborhood Land Use Characteristics
Property
Future Land
Use
Designation
Zoning Classification Existing Use
Subject Site Neighborhood AU, Agricultural and
Utilities Vacant
North Neighborhood R-1, Single Family
Residential
Single Family
Home
South Neighborhood R-1, Single Family
Residential
Single Family
Home
East Neighborhood AU, Agricultural and
Utilities
Vacant
West Neighborhood R-1, Single Family
Residential
Single Family
Home
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Project Summary/Background
The subject property as shown in Attachment A is a vacant
agricultural lot just over a half-acre in size located at NW 43rd
Court south of NW 205th Street. The property is one of the last
remaining agriculturally zoned lots located in an otherwise R-1,
Single Family Dwelling Residential zoning district. The property
owner wishes to rezone the lot to R-1, Single Family Dwelling
Residential in order to later subdivide it for the construction of
single family homes. This is in keeping with the existing
neighborhood characteristic of the surrounding community.
Consistency with City of Miami Gardens Comprehensive
Development Master Plan (CDMP)
The City’s development can be viewed as two distinct areas:
commercial corridors and neighborhoods. The City has generally
designated residential areas as the “Neighborhood” land use
category, and major commercial corridors as the “Commerce”
land use category. The subject site is designated as Neighborhood
within the City of Miami Gardens Comprehensive Development
Master Plan (CDMP) Future Land Use Map (FLUM).
The Neighborhood land use designation applies to areas intended
for low and medium density residential development with
supporting commercial and office uses. The designation of
Neighborhood is specifically intended to protect single family
homes from encroachment or intrusion from incompatible land
uses.
Rezoning of the subject site from AU, Agricultural and Utilities to
R-1, Single Family Dwelling Residential will facilitate development
of the site in a manner consistent with the Neighborhood land use
designation as outlined in the City’s CDMP Goals, Objectives and
Policies as follows:
Policy 1.2.1: Uses consistent with the Neighborhood land
use designation shall primarily include low and low-
medium density residential uses. Medium and
medium-high densities, suburban commercial and
office, and mixed use planned uses may be permitted
subject to the performance criteria set forth in this
Plan.
Policy 1.2.2: The Neighborhood land use designation shall
provide for a variety of housing types and densities.
Policy 2.1.2: Residential Uses. Performance standards for
residential uses shall be established as follows:
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a. Low Density Residential
•Low Density Residential uses
shall generally be limited to the
Neighborhood land use
designation.
•Low Density Residential
densities shall range up to 6
dwelling units per gross acre.
•Housing types allowed include
single-family detached, cluster,
and zero lot-line developments.
•Low Density Residential
developments shall be limited to
two (2) stories.
•Low Density Residential
development shall have access to
the public street network.
Zoning Review and Analysis
The City Council may grant the rezoning of the property subject to
meeting the criteria set forth in Section 34-49(f) of the City’s Land
Development Regulations:
“(f)Criteria for granting of amendments or adoption of
changes to the text of the LDRs, or change of the actual official
zoning map designation of a parcel or parcels. The detriments or
benefits of amendments or adoption of changes to the text of the
LDRs, or change of the actual official zoning map designation of a
parcel or parcels shall not be denied consideration on the grounds
that they are indirect, intangible or not readily quantifiable. In
evaluating the application, among other factors related to the
general welfare, the following shall be considered:
(1) The development permitted by the application, if granted,
conforms to the city's comprehensive development master
plan; is consistent with applicable area or neighborhood
studies or plans, and would serve a public benefit
warranting the granting of the application at the time it is
considered;
(2) The development permitted by the application, if granted,
will have a favorable or unfavorable impact on the
environmental and natural resources of the city, including
consideration of the means and estimated cost necessary to
minimize the adverse impacts; the extent to which
alternatives to alleviate adverse impacts may have a
substantial impact on the natural and human environment;
and whether any irreversible or irretrievable commitment
of natural resources will occur;
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(3) The development permitted by the application, if granted,
will have a favorable or unfavorable impact on the
economy of the city;
(4) The development permitted by the application, if granted,
will efficiently use or unduly burden water, sewer, solid
waste disposal, recreation, education or other necessary
public facilities which have been constructed or planned
and budgeted for construction;
(5) The development permitted by the application, if granted,
will efficiently use or not unduly burden or negatively affect
public transportation facilities, including mass transit,
roads, streets and highways which have been constructed
or planned and budgeted for construction; and if the
development is or will be accessible by public or private
roads, streets or highways.”
Findings of the request pursuant to the rezoning criteria set forth
above are as follows:
1. The proposed rezoning is deemed to be generally consistent
with the Goals, Policies and Objectives of the City of
Miami Gardens Comprehensive Development Master Plan
(CMDP) as outlined above, and satisfies the criteria for
granting of amendments or adoption of changes to the text
of the LDRs or change of the actual official zoning map
designation of a parcel or parcels.
2. There are no known environmental or natural resources
currently located on the site and granting a change to the
official zoning map designation for the subject property is
not expected to cause an irreversible or irretrievable
commitment of natural resources to occur. Any unforeseen
adverse environmental impacts will be required to be
mitigated through the Miami Dade County Department of
Environmental Resource Management (DERM) prior to the
issuance of a Certificate of Occupancy for any proposed
development on site.
3. The property is currently vacant with no improvements.
The rezoning of the property will facilitate the construction
of single family homes on the site, increasing the current
valuation of the property and providing permitting fees and
impact fees to the City as the property is developed and
improved.
4. As an infill site within close proximity to existing
infrastructure, future utility connections are not expected to
unduly burden water, sewer, drainage, solid waste disposal
or other necessary public facilities. Concurrency
determinations will be finalized during the development
review and permitting phase in order to ensure adequacy.
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5. The parcels are located on an existing roadway network.
The rezoning will not trigger the need for a new roadway
network.
Anticipated Facilities Impact
Prior to an application for building permit, a waiver of plat review
will be conducted by the City and the County for anticipated
impacts and any mitigation thereof.
Conclusion
The rezoning request is deemed to be generally consistent with
the Goals, Objectives and Policies of the City of Miami Gardens
Comprehensive Development Master Plan (CMDP), and satisfies
the criteria for granting of amendments or adoption of changes to
the text of the LDRs or change of the actual official zoning map
designation of a parcel or parcels. Rezoning of the property from
AU, Agricultural and Utilities to R-1, Single Family Dwelling
Residential is considered to be an appropriate zoning designation.
Public Notice
Notification of the applicant’s request was provided in
accordance with Section 34-46(d)(7) of the City of Miami
Gardens Land Development Regulations.
Attachments
Attachment A: Hearing Map-Aerial
Attachment B: Hearing Map-Zoning
Attachment C: Hearing Map-Land Use
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ATTACHMENT A: HEARING MAP-AERIAL
SUBJECT PROPERTY
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ATTACHMENT B: HEARING MAP-ZONING
SUBJECT PROPERTY
SUBJECT PROPERTY
Folio No. 34-1132-001-0150
34-1132-001-0155
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ATTACHMENT C: HEARING MAP-LAND USE
SUBJECT PROPERTY
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SUBJECT PROPERTY
Folio No. 34-1132-001-0150
34-1132-001-0155