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HomeMy WebLinkAbout2024-010-479_-_Property_Rezone_-_Railroad_Drive_and_NW_151st_Street_-_Adopted.docxORDINANCE NO. 2024-010-479 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT RAILROAD DRIVE AND NW 151ST STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO, FROM NEIGHBORHOOD COMMERCIAL TO SINGLE FAMILY DWELLING RESIDENTIAL; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE WHEREAS, property approximately located at Railroad Drive and NW 151st Street (“subject property”) consists of one (1) vacant lot being the size of a standard single-family lot totaling 5,000 square feet in size, as shown in Exhibit “A”, and WHEREAS, the subject property is currently zoned Neighborhood Commercial (“NC”) which is a commercial zoning category that does not permit any residential uses, however, the property owner wishes to use the lot to construct a single-family home on the site, and WHEREAS, a rezoning from NC to Single Family Dwelling Residential (“R-1”) is necessary to have the proper zoning in place to develop a single-family home, and WHEREAS, 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 the granting of amendments or adoption of changes to the text of the Land Development Regulations (“LDR”) or change of the actual official zoning map designation of a parcel or parcels, further described in Exhibit “B”, and WHEREAS, rezoning of the property from NC to R-1 is considered to be an appropriate zoning designation, 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 Ordinance rezoning the subject property from NC to R-1, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Docusign Envelope ID: B960D9B5-D6A1-4BC6-8217-365818368333 Page 2 of 3 Ordinance No. 2024-010-479 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 Railroad Drive and NW 151st Street in Miami Gardens, Florida, more particularly described in Exhibit “A” attached hereto, from Neighborhood Commercial to Single 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 13TH DAY OF NOVEMBER, 2024. PASSED ON SECOND READING ON THE 11TH DAY OF DECEMBER, 2024. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 11, 2024. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK Docusign Envelope ID: B960D9B5-D6A1-4BC6-8217-365818368333 Page 3 of 3 Ordinance No. 2024-010-479 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by: Vice Mayor Stephens VOTE: 7-0 Mayor Harris Yes Vice Mayor Stephens, III Yes Councilwoman Baskin Yes Councilman Leon Yes Councilwoman Powell Yes Councilwoman Wilson Yes Councilwoman Julien Yes Docusign Envelope ID: B960D9B5-D6A1-4BC6-8217-365818368333