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HomeMy WebLinkAbout2024-011-480_-_Property_Rezone_-_17320_NW_27th_Avenue_-_Adopted.docxORDINANCE NO. 2024-011-480 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT 17320 NW 27TH AVE IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM SINGLE FAMILY DWELLING RESIDENTIAL TO ENTERTAINMENT OVERLAY; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE WHEREAS, an improved lot located at 17320 NW 27th AVE (“subject site”), further shown in Exhibit “A”, is owned by JWG Holdings LLC (“applicant”), and WHEREAS, the subject site is in a location advantageous for commercial use, and WHEREAS, the parcel must be appropriately zoned for commercial use in order to facilitate commercial development, and WHEREAS, the lot is currently zoned Single-Family Dwelling Residential (“R-1”) and is the subject of this rezoning request from R-1 to Entertainment Overlay (“EO”), 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 EO 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. Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida hereby approves the rezoning of that certain property located at 17320 NW 27th AVE in Miami Gardens, Florida, more particularly described on Exhibit “A”, attached hereto, from Single Family Dwelling Residential to Entertainment Overlay. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Docusign Envelope ID: B960D9B5-D6A1-4BC6-8217-365818368333 Page 2 of 3 Resolution 2024-011-480 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 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by: Councilwoman Julien Docusign Envelope ID: B960D9B5-D6A1-4BC6-8217-365818368333 Page 3 of 3 Resolution 2024-011-480 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 City of Miami Gardens Agenda Cover Memo Meeting: City Council - Dec 11 2024 24-310 Department Planning & Zoning Department Sponsored By City Manager Agenda Item Title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, PROPERTY CERTAIN THAT THE REZONING APPROVING OF LOCATED AT 17320 NW 27TH AVENUE IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY HERETO, FROM “A”, ATTACHED ON DESCRIBED EXHIBIT OVERLAY; SINGLE-FAMILY DWELLING RESIDENTIAL TO ENTERTAINMENT REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE Staff Summary The subject site shown in Exhibit A consists of an improved single-family lot located at 17320 NW 27th Avenue approximately 9,350 square feet in size. While this lot is located along the NW 27th Avenue corridor which focuses on entertainment and commercial uses, it is the only property on this block that continues to be zoned for R-1 Single Family. In order to facilitate a wide variety of commercial uses the applicant wishes to rezone the property from R-1, Single Family to EO, Entertainment Overlay which is the predominant zoning category already existing on properties in the surrounding area. Fiscal Impact/Business Impact Statement This item will have no fiscal impact on the budget. Recommended Action Staff recommends approval of the Ordinance rezoning of the subject property from R- 1, Single Family Dwelling Residential to EO, Entertainment Overlay Attachments Ordinance 2024 - 17320 NW 27th Ave Rezoning from R-1 to EO Exhibit A - Survey and Legal Description 17320 NW 27th Ave Rezoning R-1 to EO Exhibit B, Staff Recommendation - 17320 NW 27th Ave Rezoning R-1 to EO CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay Exhibit “A” Survey and Legal Description CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay Exhibit “B” Staff Recommendation CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay STAFF RECOMMENDATION CREZ-2024-000002 APPLICATION INFORMATION Applicant: JWG Holdings LLC Property Location: 17320 NW 27th Avenue Folio Number: 34-2109-002-1580 Property Size: 9,350 square feet Future Land Use: Neighborhood Existing Zoning: R-1, Single Family Dwelling Residential Requested Action(s): Rezone from R-1, Single Family Dwelling Residential to EO, Entertainment Overlay RECOMMENDATION: Staff recommends granting the rezoning of the subject property from R-1, Single Family Dwelling Residential to EO, Entertainment Overlay. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Current Use Subject Site Neighborhood R-1, Single Family Dwelling Residential Single Family North Neighborhood EO, Entertainment Overlay Child Care South Neighborhood R-1, Single Family Dwelling Residential Single Family East Commerce EO, Entertainment Overlay Shopping Center West Neighborhood R-1, Single Family Dwelling Residential Single Family Project Summary/Background The subject site consists of an improved single-family lot located at 17320 NW 27th Avenue approximately 9,350 square feet in size. While this lot is located along the NW 27th Avenue corridor which focuses on entertainment and commercial uses, it is the only property on this block that continues to be zoned for R-1 Single Family. In order to facilitate a wide variety of CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay commercial uses the applicant wishes to rezone the property from R-1, Single Family to EO, Entertainment Overlay which is the predominant zoning category already existing on properties in the surrounding area. Consistency with City of Miami Gardens Comprehensive Development Master Plan (CDMP) The subject property is identified as “Neighborhood” land use designation within the City’s Comprehensive Development Master Plan (CDMP). The Neighborhood land use designation generally applies to areas intended for low and medium density residential development with supporting commercial and office uses. Rezoning of the subject site from R-1, Single Family Dwelling Residential to EO, Entertainment Overlay is consistent with the following Goals, Objectives and Policies found within the City’s CDMP: FUTURE LAND USE ELEMENT 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. Policy 1.5.8 NW 27th Avenue. Retail, commercial and multiple family developments is encouraged as well as redevelopment of existing commercial. Policy 2.1.3 Suburban commercial and office is designed to accommodate retail sales and services, professional offices and other similar activities, primarily in the Neighborhood land use designation. In conclusion, the proposed rezoning 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. Zoning Review and Analysis The City Council may grant the rezoning of the properties 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, CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay 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; (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 unduly burden or 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. The site is already improved with the building already existing. There are no plans to redevelop the property at this time or permit any uses which may cause any unforeseen environmental impacts. 3. The rezoning will facilitate commercial uses at the site which will be a benefit to business and economic development along the corridor. 4. The site is developed and already has existing infrastructure, therefore utilities such as water, sewer, drainage, solid waste disposal, etc. will not be unduly burdened. CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay 5. The site is located along NW 27th Avenue which is a major commercial corridor with an existing roadway network. In summary, the application meets the criteria for granting of an official zoning map designation change as outlined above. Anticipated Facilities Impact As the site is already existing, there are no anticipated impacts to public facilities. 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 R-1, Single Family Dwelling Residential to EO, Entertainment Overlay is considered to be an appropriate zoning designation consisting with the existing zoning along the corridor. 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 CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay ATTACHMENT A: HEARING MAP-AERIAL SUBJECT PROPERTY SUBJECT PROPERTY SUBJECT PROPERTY Folio No. 34-2109-002-1580 CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay ATTACHMENT B: HEARING MAP-ZONING SUBJECT PROPERTY SUBJECT PROPERTY Folio No. 34-2109-002-1580 CREZ-2024-000002 17320 NW 27th Ave Rezoning R-1, Single Family Dwelling Residential to EO - Entertainment Overlay ATTACHMENT C: HEARING MAP-LAND USE SUBJECT PROPERTY SUBJECT PROPERTY Folio No. 34-2109-002-1580