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HomeMy WebLinkAbout2025-009-489_-_Rezoning_of_Bluenest_Development_LLC_Application_-_Adopted.docxORDINANCE NO. 2025-009-489 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT THE NORTHWEST CORNER OF NW 203RD LANE AND 36TH COURT INTERSECTIONS IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN THE ATTACHED EXHIBIT "A", FROM AGRICULTURAL AND UTILITIES ("AU") AND SINGLE FAMILY DWELLING RESIDENTIAL ("R-1") TO PLANNED DEVELOPMENT ("PD"); 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 Development, LLC, (“Applicant”) is the owner of that certain property approximately located at the northwest corner of NW 203rd Lane and 39th Court Intersections, and WHEREAS, the subject property consists of a vacant lot totaling 22.56 acres and has five vacant lots with several telecommunication towers, as illustrated in Exhibit “A”, and WHEREAS, Applicant wishes to assemble these lots to construct a town-home community, and WHEREAS, the subject property is currently zoned Agricultural and Utilities (“AU”), and Single Family Dwelling (“R-1”). In order to develop a town-home community with recreational areas, a clubhouse, and pool, Applicant is requesting a rezoning to Planned Development (“PD”), and WHEREAS, the rezoning of the parcels of land is supported by the Strategic Pillar, Community Appearance, and the Planning Department's Key Action Policy, CA-4, which focuses on revitalizing the old and shaping the new by promoting sustainable growth and development by guiding land use and development in ways that support long-term environmental, economic, and social sustainability, and WHEREAS, City Staff recommends the City Council approve the Ordinance rezoing that certain property located at the Northwest Corner of NW 203rd Lane and 36th Court Intersections from Agricultural and Utilities (“AU”), and Single Family Dwelling (“R- 1”), to Planned Development (“PD”), and WHEREAS, the City Council has considered the testimony of the Applicant, if any, and Docusign Envelope ID: 535146B0-EBCA-49AE-8D10-CEB35B12DEF0 Page 2 of 3 Ordinance No. 2025-009-489 WHEREAS, the City Council also considered the testimony of the City’s Planning and Zoning staff and the staff’s report, a copy of which is attached hereto as Exhibit “B” and incorporated herein by reference, 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 the Northwest Corner of NW 203rd Lane and 36th Court Intersections, more particularly described in the attached Exhibit “A”, from Agricultural and Utilities (“AU”), and Single Family Dwelling (“R-1”), to Planned Development (“PD”). 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 BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING ON OCTOBER 08, 2025. PASSED AND ADOPTED ON SECOND READING BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON DECEMBER 10, 2025. ________________________________ RODNEY HARRIS, MAYOR Docusign Envelope ID: 535146B0-EBCA-49AE-8D10-CEB35B12DEF0 Page 3 of 3 Ordinance No. 2025-009-489 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 Wilson 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: 535146B0-EBCA-49AE-8D10-CEB35B12DEF0 City of Miami Gardens Agenda Cover Memo Meeting: City Council - Dec 10 2025 25-236 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 THE NORTHWEST CORNER OF NW 203RD LANE AND 36TH COURT INTERSECTIONS IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED FROM AGRICULTURAL "A", AND ATTACHED THE IN EXHIBIT UTILITIES ("AU") AND SINGLE FAMILY DWELLING RESIDENTIAL ("R-1") TO PLANNED DEVELOPMENT ("PD"); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Strategic Pillar Objectives STRATEGIC PILLAR II: COMMUNITY APPEARANCE • CA-4 Revitalize the Old and Shape the New Staff Summary The Applicant, Bluenest Development, LLC, requests rezoning of the existing lots to a new Planned Development. The subject property consists of a vacant lot totaling 26.98 acres with an approximate location of the northwest corner of NW 203 Lane and 39 Court Intersections. The property consists of five vacant lots with several telecommunication towers as shown in Exhibit A. It should be noted that a portion of parcel #34-1132-001-0090 will not be rezoned, and one cell tower will remain on the parcel. The total area of the property being rezoned is approximately 22.56 acres. The property is currently zoned AU, Agricultural and Utilities which provides for agricultural, select public and institutional uses, select recreational uses, limited commercial and service uses, and light industrial uses and R-1, Single Family Dwelling, which permits single-family homes. The property owner wishes to assemble these lots to construct a town-home community. In order to do so, a re-zoning will be required from agricultural and utilities to a residential type zoning. More specifically, a rezoning from AU, Agricultural and Utilities, and R-1, Single Family Dwelling, to PD, Planned Development, is necessary in order to have the proper zoning in place to develop a town-home community with recreational areas, a clubhouse, and pool. Rezoning to Planned Development will allow the developer flexibility to develop the site as a whole with recreational amenities integrated into the proposed townhome community. Pursuant to Section 34-14 (j) of the City Code: (j) PD planned development district. Provides flexibility in the master planning, design and development of relatively large properties for residential, commercial, mixed residential commercial, public and institutional uses, and recreation and entertainment uses. May be used to implement the neighborhood and commerce CDMP land use categories. Fiscal Impact/Business Impact Statement There is no fiscal impact. Recommended Action Staff recommends granting the rezoning of the subject properties from AU, Planned PD, to Dwelling, Family Single R-1, and Utilities, and Agricultural Development. The rezoning of the parcels of land is supported by the Strategic Pillar, Community Planning the by supported Appearance. is rezoning The further Department's Key Action Policy, CA-4, which focuses on revitalizing the old and shaping the new by promoting sustainable growth and development by guiding land use and development in ways that support long-term environmental, economic, and social sustainability. Attachments Ordinance 2025 - Rezoning from AU, Agricultural and Utilities and Single Family Exhibit - A - Boundary Survey and Legal Description, Bluenest Rezoning (2) Exhibit B - Staff Recommendation Bluenest Rezoning_12_10_2025 Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Rodney Harris ____ (Yes) ____ (No) Vice Mayor Robert Stephens, III ____ (Yes) ____ (No) Councilwoman Michelle Powell ____ (Yes) ____ (No) Councilwoman Katrina Baskin ____ (Yes) ____ (No) Councilwoman Linda Julien ____ (Yes) ____ (No) Councilman Reggie Leon ____ (Yes) ____ (No) Councilwoman Katrina Wilson ____ (Yes) ____ (No) CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development Exhibit “A” Survey and Legal Description LEGAL DESCRIPTION: (PORTION BEING RE-ZONED) TRACT 37, LESS THE SOUTH 550 FEET; TRACT 38, LESS THE SOUTH 725 FEET; TRACT 39, LESS THE SOUTH 725 FEET; TRACT 40, LESS THE SOUTH 880 FEET; TRACT 41, LESS THE SOUTH 1040 FEET; TRACT 42, LESS THE SOUTH 1,340 FEET; THE NORTH 250 FEET OF THE SOUTH 725 FEET OF TRACT 39; THE NORTH 250 FEET OF THE SOUTH 880 FEET OF TRACT 40; THE NORTH 340 FEET OF THE SOUTH 1040 FEET OF TRACT 41;EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND A PORTION OF TRACT 38, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH ST CORNER OF TRACT 38, THENCE RUN N1'05'54"E ALONG THE WESTERLY BOUNDARY OF TRACT 38, FOR A DISTANCE OF 555.70 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NO1'05'54"E ALONG THE WESTERLY BOUNDARY OF TRACT 38, FOR A DISTANCE OF 169.3 FEET; THENCE RUN N89'59'31"E ALONG A LINE NORTH OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF TRACT 38 FOR A DISTANCE OF 122.7 FEET; THENCE RUN S36"38'54"W FOR A DISTANCE OF 211 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING PORTION: THAT PART OF TRACTS 38, 39 AND 40, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT 41, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE S84'43'59"E(REC), S84'58'44"E(CALC.) ALONG THE NORTH LINE OF TRACTS 41 AND 40 OF SAID EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST FOR 562.69 FEET TO THE POINT OF BEGINNING OF THE LESS OUT AREA; THENCE S02'27'30"W FOR A DISTANCE OF 72.39 FEET TO A POINT; THENCE S67'35'05"E FOR 16.10 FEET TO A POINT; THENCE N88°47'29"W FOR 23.37 FEET TO A POINT; THENCE S09'38'34"E FOR 107.74 FEET TO A POINT LOCATED ON A CIRCULAR CURVE, THE CENTER OF SAID CURVE BEARS N89°20'39"W; THENCE RUN SOUTHEASTERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 260.00 FEET AND A CENTRAL ANGLE OF 213°18'07" FOR AN ARC DISTANCE OF 967.93 FEET TO A POINT LOCATED ON THE NORTH LINE OF SAID TRACT 38, ALSO BEING THE SOUTHERN RIGHT- OF-WAY LINE OF SNAKE CREEK CANAL (C-9); THENCE RUN S84'58'44"E(CALC.) ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 536.68 FEET TO THE POINT OF BEGINNING. CONTAINING 4.42 ACRES, MORE OR LESS. THIS DRAWING IS THE PROPERTY OF AMERICAN SERVICES OF MIAMI, CORP. AND SHALL NOT BE USED OR REPRODUCED, IN WHOLE, OR IN PART, WITHOUT PERMISSION OF AMERICAN SERVICES OF MIAMI, CORP. NOTHING HEREON SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED. ENCROACHMENTS AND OTHER POINTS OF INTEREST: -THERE ARE NO VISIBLE ENCROACHMENT ON THE SUBJECT PROPERTY -THE SUBJECT PROPERTY IS WITHIN A FLOOD ZONE AH (SEE NOTE 1) -THERE ARE SEVERAL EASEMENTS ON THE SUBJECT PROPERTY THE SHOWN LEGAL DESCRIPTION USED TO PERFORM THIS BOUNDARY SURVEY WAS PROVIDED BY THE CLIENT. SURVEY IS BASED ON RECORDED INFORMATION PROVIDED BY CLIENT. NO SPECIFIC SEARCH OF THE PUBLIC RECORD HAS BEEN MADE BY OUR OFFICE. UNLESS OTHERWISE NOTED, AN EXAMINATION OF THE ABSTRACT OF TITLE WAS NOT DONE BY THE SIGNING SURVEYOR TO DETERMINE WHICH INSTRUMENTS, IF ANY ARE AFFECTING THE SUBJECT PROPERTY. THIS SURVEY IS EXCLUSIVELY FOR THE USE OF THE PARTIES TO WHOM IT WAS CERTIFIED. PURSUANT TO RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE THE EXPECTED USE OF LAND IS SUBURBAN, THE MINIMUM RELATIVE DISTANCE ACCURACY FOR THIS TYPE OF SURVEY IS 1 FOOT IN 7,500 FEET. THE ACCURACY OBTAINED BY MEASUREMENT AND CALCULATIONS OF CLOSED GEOMETRIC FIGURES WAS FOUND TO EXCEED THIS REQUIREMENT. THERE ARE NO VISIBLE, ABOVE GROUND ENCROACHMENTS (a) BY THE IMPROVEMENTS OF THE SUBJECT PROPERTY UPON ADJOINING PROPERTIES, STREETS OR ALLEYS, OR (b) BY THE IMPROVEMENTS OF THE ADJOINING PROPERTIES, STREETS OR ALLEYS UPON THE SUBJECT PROPERTY OTHER THAN THOSE SHOWN ON THIS BOUNDARY SURVEY. THERE ARE NO VISIBLE EASEMENTS OR RIGHT-OF-WAY OF WHICH THE UNDERSIGNED HAS BEEN ADVISED OTHER THAN THOSE SHOWN ON THIS SURVEY. THE MAP OF SURVEY IS INTENDED TO BE DISPLAYED AT THE SHOWN GRAPHIC SCALE IN ENGLISH UNITS OF MEASUREMENT. IN SOME CASES GRAPHIC REPRESENTATION HAVE BEEN EXAGERATED TO MORE CLEARLY ILLUSTRATE A PARTICULAR AREA WHERE DIMENSIONS SHALL HAVE PREFERENCE OVER GRAPHIC LOCATION. THE ELEVATIONS (IF ANY) OF WELL-IDENTIFIED FEATURES AS DEPICTED ON THIS SURVEY AND MAP WERE MEASURED TO AN ESTIMATED VERTICAL POSITIONAL ACCURACY OF 110 FOOT FOR NATURAL GROUND SURFACES AND 1100 FOOT FOR HARDSCAPE SURFACES, INCLUDING PAVEMENT, CURBS, SIDEWALKS AND OTHER MANMADE STRUCTURES. THE SURVEYOR MAKES NO REPRESENTATION AS TO OWNERSHIP, POSSESSION OR OCCUPATION OF THE SUBJECT PROPERTY BY ANY ENTITY OR INDIVIDUAL. ANY FEMA FLOOD ZONE INFORMATION PROVIDED ON THIS SURVEY IS FOR INFORMATIONAL PURPOSE ONLY AND IT WAS OBTAINED AT WWW.FEMA.COM. IF YOU ARE READING THIS BOUNDARY SURVEY IN AN ELECTRONIC FORMAT, THE INFORMATION CONTAINED ON THIS DOCUMENT IS ONLY VALID IF THIS DOCUMENT IS ELECTRONICALLY SIGNED AS SPECIFIED IN CHAPTER 5J-17.062 (3) OF THE FLORIDA ADMINISTRATIVE CODE. IF THIS DOCUMENT IS IN PAPER FORMAT, IT IS NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF THE PROFESSIONAL LAND SURVEYOR AND MAPPER OF RECORD. SITE PICTURE THE PROPERTY DESCRIBED ON THIS SURVEY DOES LIE WITHIN A SPECIAL HAZARD AREA AS DEFINED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY; THE PROPERTY LIES WITHIN A FLOOD ZONE "AH" OF THE FLOOD INSURANCE RATE MAP IDENTIFIED AS COMMUNITY PANEL No. 120345-0109L, WITH AN EFFECTIVE DATE OF SEPTEMBER 11, 2009. BASE FLOOD ELEVATION OF 7.00 FEET (NGVD) LAND AREA OF SUBJECT PROPERTY: 26.98 ACRES(+/-) ELEVATIONS ARE BASED ON THE NATIONAL GEODETIC VERTICAL DATUM (NGVD) OF 1929, AS PER MIAMI DADE COUNTY BENCH MARK No. 3524, WITH AN ELEVATION OF 9.45 FEET. BEARINGS SHOWN HEREON ARE BASED ON AN ASSUME MERIDIAN OF N.01°51'11"W., BEING THE RECORDED BEARING FOR THE CENTERLINE OF N.W. 42nd AVE., AS PER FLORIDA COORDINATE SYSTEM OF MIAMI DADE COUNTY, FLORIDA. MIAMI DADE COUNTY FLOOD CRITERIA: 8.57 FEET (NGVD 1929) 1 2 3 4 JOB SPECIFIC SURVEYOR NOTES: GENERAL SURVEYOR NOTES: SITE ADDRESS: 20700 N.W. 42nd AVENUE, MIAMI GARDENS, FL. 33157 JOB NUMBER: 25-514 DATE OF SURVEY: MAY 7, 2025 FOLIO NUMBER: 34-1132-001-0090, -0140, -0130, -0111, AND -0120 SPECIFIC PURPOSE SURVEY WE HEREBY CERTIFY THAT THIS BOUNDARY AND TOPOGRAPHICAL SURVEY AND THE SURVEY MAP RESULTING THEREFROM WAS PERFORMED UNDER MY SUPERVISION AND/OR DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID "BOUNDARY AND TOPOGRAPHICAL SURVEY" MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE "STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA", PURSUANT TO RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 FOR THE FLORIDA STATUTES. DATE : NOV. 19, 2025 266 GIRALDA AVENUE, CORAL GABLES FLORIDA - 33134 PHONE: (305) 598-5101 FAX: (305) 598-8627 AMERICAN SERVICES OF MIAMI, CORP. BLUENEST, LLC. CONSULTING ENGINEERS - PLANNERS-SURVEYORS PREPARED BY PREPARED FOR WEB: ASOMIAMI.COM LOCATION MAP MIAMI-DADE COUNTY, FLORIDA. PORTION OF SECTION 32-51S-41E S N A K E C R E E K C A N A L ( C - 9 ) 5 SKETCH TO ACCOMPANY LEGAL DESCRIPTION LEGAL DESCRIPTION: (PORTION BEING RE-ZONED) TRACT 37, LESS THE SOUTH 550 FEET; TRACT 38, LESS THE SOUTH 725 FEET; TRACT 39, LESS THE SOUTH 725 FEET; TRACT 40, LESS THE SOUTH 880 FEET; TRACT 41, LESS THE SOUTH 1040 FEET; TRACT 42, LESS THE SOUTH 1,340 FEET; THE NORTH 250 FEET OF THE SOUTH 725 FEET OF TRACT 39; THE NORTH 250 FEET OF THE SOUTH 880 FEET OF TRACT 40; THE NORTH 340 FEET OF THE SOUTH 1040 FEET OF TRACT 41;EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, MIAMI-DADE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75, PUBLIC RECORDS OF DADE COUNTY, FLORIDA. AND A PORTION OF TRACT 38, EVERGLADES SUGAR AND LAND COMPANY'S SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75, PUBLIC RECORDS OF DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCE AT THE SOUTH ST CORNER OF TRACT 38, THENCE RUN N1'05'54"E ALONG THE WESTERLY BOUNDARY OF TRACT 38, FOR A DISTANCE OF 555.70 FEET TO THE POINT OF BEGINNING, THENCE CONTINUE NO1'05'54"E ALONG THE WESTERLY BOUNDARY OF TRACT 38, FOR A DISTANCE OF 169.3 FEET; THENCE RUN N89'59'31"E ALONG A LINE NORTH OF AND PARALLEL TO THE SOUTHERLY BOUNDARY OF TRACT 38 FOR A DISTANCE OF 122.7 FEET; THENCE RUN S36"38'54"W FOR A DISTANCE OF 211 FEET TO THE POINT OF BEGINNING. LESS THE FOLLOWING PORTION: THAT PART OF TRACTS 38, 39 AND 40, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHWEST CORNER OF TRACT 41, EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 2, PAGE 75 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; THENCE S84'43'59"E(REC), S84'58'44"E(CALC.) ALONG THE NORTH LINE OF TRACTS 41 AND 40 OF SAID EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION IN SECTION 32, TOWNSHIP 51 SOUTH, RANGE 41 EAST FOR 562.69 FEET TO THE POINT OF BEGINNING OF THE LESS OUT AREA; THENCE S00'11'51"W FOR A DISTANCE OF 72.39 FEET TO A POINT; THENCE S67'35'05"E FOR 16.10 FEET TO A POINT; THENCE N88°47'29"W FOR 23.37 FEET TO A POINT; THENCE S09'38'34"E FOR 107.74 FEET TO A POINT LOCATED ON A CIRCULAR CURVE, THE CENTER OF SAID CURVE BEARS N89°20'38"W; THENCE RUN SOUTHEASTERLY, NORTHEASTERLY AND NORTHWESTERLY ALONG THE ARC OF SAID CURVE, HAVING A RADIUS OF 260.00 FEET AND A CENTRAL ANGLE OF 213°18'07" FOR AN ARC DISTANCE OF 967.93 FEET TO A POINT LOCATED ON THE NORTH LINE OF SAID TRACT 38, ALSO BEING THE SOUTHERN RIGHT-OF-WAY LINE OF SNAKE CREEK CANAL (C-9); THENCE RUN S84'58'44"E(CALC.) ALONG THE LAST DESCRIBED LINE FOR A DISTANCE OF 536.68 FEET TO THE POINT OF BEGINNING. CONTAINING 4.42 ACRES, MORE OR LESS.ed pino Digitally signed by ed pino Date: 2025.11.19 11:13:26 -05'00' Consulting Engineers . Planners . Surveyors BOUNDARY LINE STRUCTURE (BLDG.) CONCRETE BLOCK WALL METAL FENCE WOODEN FENCE CHAIN LINK FENCE WOOD DECK/DOCK ASPHALTED AREAS CONCRETE BRICKS OR PAVERS ROOFED AREAS WATER (EDGE OF WATER) ABREVIATION (IF ANY APPLIED)SURVEYOR'S LEGEND (IF ANY APPLIED) CATCH BASIN MANHOLE OVERHEAD ELECT. POWER POLE LIGHT POLE HANDICAP SPACE EASEMENT LINE WATER VALVE TV-CABLE BOXtv WATER METERWM WE HEREBY CERTIFY THAT THIS BOUNDARY AND TOPOGRAPHICAL SURVEY AND THE SURVEY MAP RESULTING THEREFROM WAS PERFORMED UNDER MY SUPERVISION AND/OR DIRECTION AND IS TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF AND FURTHER, THAT SAID "BOUNDARY AND TOPOGRAPHICAL SURVEY" MEETS THE INTENT OF THE APPLICABLE PROVISIONS OF THE "STANDARDS OF PRACTICE FOR LAND SURVEYING IN THE STATE OF FLORIDA", PURSUANT TO RULE 5J-17 OF THE FLORIDA ADMINISTRATIVE CODE AND ITS IMPLEMENTING LAW, CHAPTER 472.027 FOR THE FLORIDA STATUTES. FIRE HYDRANT CONC. LIGHT POLE POOL PUMP AIR CONDITIONER WATER HEATER 266 GIRALDA AVENUE CORAL GABLES, FL 33134 PHONE: (305)598-5101 FAX: (305)598-8627 ASOMIAMI.COMN.W. 43rd AVE.N.W. 42nd AVE.N.W. 205th ST. N.W. 207th DR.N.W. 40th CT.N.W. 39th CT.N.W. 207th DR.N.W. 43rd CT.N.W. 204th ST. N.W. 203rd LN. S N A K E C R E E K C A N A L ( C - 9 ) S N A K E C R E E K C A N A L ( C - 9 ) V A C A N T L A N D AREA OF PORTION TO BE RE-ZONED: 22.56 ACRES (+/-)N.W. 43rd CT.THIS DRAWING IS THE PROPERTY OF AMERICAN SERVICES OF MIAMI, CORP. AND SHALL NOT BE USED OR REPRODUCED, IN WHOLE, OR IN PART, WITHOUT PERMISSION OF AMERICAN SERVICES OF MIAMI, CORP. NOTHING HEREON SHALL BE CONSTRUED TO GIVE ANY RIGHTS OR BENEFITS TO ANYONE OTHER THAN THOSE CERTIFIED. ANTENNA #3 1 STY C.B.S. STRUCTURE F.F.Elev. 8.36 SPECIFIC PURPOSE SURVEY SKETCH TO ACCOMPANY LEGAL DESCRIPTION LESS-OUT AREA: 4.42 ACRES (+/-) DATE : NOV. 19, 2025 CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development Exhibit “B” Staff Recommendation CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development STAFF RECOMMENDATION CREZ-2025-000004 APPLICATION INFORMATION Applicant: Bluenest Development, LLC Folio No.: 34-1132-001-0090, 34-1132-001-0130, 34-1132-001-0140, 34- 1132-001-0111, & 34-1132-001-0120 Location: NW Corner of NW 203 LN and 39 CT Intersections Property Size: 26.98 acres Future Land Use: Neighborhood Existing Zoning: AU, Agricultural and Utilities & R-1, Single Family Dwelling Requested Action(s): Rezone from AU, Agricultural and Utilities and R-1, Single Family Dwelling to PD, Planned Development RECOMMENDATION: Staff recommends granting the rezoning of the subject property from AU, Agricultural and Utilities (approx. 23.76 acres ±) and R-1, Single Family Dwelling (approx. 2.77 acres ±) to PD, Planned Development. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Subject Site Neighborhood AU, Agricultural and Utilities/R-1 Single Family Dwelling Vacant/Utility North Preservation/Commerce I-1, Light Industrial Canal/Warehouse South Neighborhood R-1, Single Family Residential Single Family East Neighborhood R-1, Single Family Residential Single Family West Neighborhood R-1, Single Family Residential Single Family The subject property consists of a vacant lot totaling 26.98 acres with an approximate location of the northwest corner of NW 203 Lane and 39 Court Intersections. The surrounding properties consists of single-family homes zoned R-1, Single Family Residential to the West, South and East. A canal and warehouse are located to the north of the property. Project Summary/Background The subject property consists of five vacant lots with several telecommunication towers as shown in Exhibit A. The property is currently zoned AU, Agricultural and Utilities which provides for CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development agricultural, select public and institutional uses, select recreational uses, limited commercial and service uses, and light industrial uses and R-1, Single Family Dwelling, which permits single-family homes. It should be noted that a portion of parcel #34-1132-001-0090 will not be rezoned, and one cell tower will remain on the parcel. The area of the parcel that will not be rezoned will remain AU, Agricultural and Utilities. The total area of the Property being rezoned is approximately 22.56 acres. The property owner wishes to assemble these lots to construct a town-home community. In order to do so, a re-zoning will be required from agricultural and utilities to a residential type zoning. More specifically, a rezoning from AU, Agricultural and Utilities and R-1, Single Family Dwelling to PD, Planned Development is necessary in order to have the proper zoning in place to develop a town-home community with recreational areas, a clubhouse and pool. Rezoning to Planned Development will allow the developer flexibility to develop the site as a whole with recreational amenities integrated into the proposed townhome community. Pursuant to Section 34-14 (j) of the City Code: (j) PD planned development district. Provides flexibility in the master planning, design and development of relatively large properties for residential, commercial, mixed residential commercial, public and institutional uses, and recreation and entertainment uses. May be used to implement the neighborhood and commerce CDMP land use categories. 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. The density of this site is 221 townhomes on 26.98 acres which calculates to approximately 12 units per acre. Low-Medium Density (7-15 DU/A) is consistent with the surrounding neighborhood. Based on the vacant land use analysis in the City Comprehensive Plan, the City is essentially built out and the focus now is on infill development opportunities. The Comprehensive Plan also states the following: “The City’s Future Land Use concept reflects a combination of existing land use characteristics, currently approved planned developments, zoning and development trends. Most undeveloped parcels in the City have become developed and the City is now moving into a redevelopment phase of existing properties.” CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development Rezoning of the subject site from AU, Agricultural and Utilities and R-1, Single Family Dwelling to PD, Planned Development will not only provide for much needed housing but also promote an integration of smart growth principles enabling a livable and walkable neighborhood with recreational amenities in a compact development, which 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: b. Low-Medium Density Residential • Low-Medium Density Residential uses shall generally be limited to the Neighborhood land use designation. • Low-Medium Density Residential densities shall range from 7 to 15 dwelling units per gross acre. This density will allow housing types such as zero lot line homes, townhouses and low-rise apartments with surrounding open space. • Low-Medium Density Residential shall be limited to two (2) stories. • Low-Medium Density Residential should be located adjacent to public streets classified as Collectors or higher within the Commerce land use category, or Arterials if within the Neighborhood land use designation. • Adequate separation and buffer treatment shall be provided to protect adjacent single-family residential uses. Policy 2.6.1: All residential development shall be provided with well-landscaped open space. The minimum amount of open space for each use shall be established in the City’s land development regulations. Policy 2.6.2: Separation or mitigation of impacts, between different residential densities and housing types may be required in order to insure compatibility between developments and neighborhoods. The City has adopted land development regulations that utilize setbacks (distance), walls, fences, landscape, berms and other appropriate means to insure such compatibility. · 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: CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development “(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; (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 a planned town-home development 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. CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development 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 phase in order to ensure adequacy. 5. The parcel is located on an existing roadway network. The rezoning will not trigger the need for a new roadway network. Anticipated Facilities Impact A building permit application will be required prior to any construction on the site, anticipated impacts will be reviewed along with any required 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 PD and R-1, Single Family Dwelling, Planned Development is considered to be an appropriate zoning designation as it furthers the City’s goal of providing a variety of housing types and is consistent with Low Density Residential in the surrounding area. 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-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development ATTACHMENT A: HEARING MAP-AERIAL SUBJECT PROPERTY SUBJECT PROPERTY Folio No. 34-1132-001-0090 34-1132-001-0130 34-1132-001-0140 34-1132-001-0111 34-1132-001-0120 CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development ATTACHMENT B: HEARING MAP-ZONING SUBJECT PROPERTY SUBJECT PROPERTY Folio No. 34-1132-001-0090 34-1132-001-0130 34-1132-001-0140 34-1132-001-0111 34-1132-001-0120 CREZ-2025-000004 Bluenest Rezoning AG, Agriculture and Utilities and R-1, Single Family Dwelling to PD, Planned Development ATTACHMENT C: HEARING MAP-LAND USE SUBJECT PROPERTY SUBJECT PROPERTY Folio No. 34-1132-001-0090 34-1132-001-0130 34-1132-001-0140 34-1132-001-0111 34-1132-001-0120