HomeMy WebLinkAboutJuly 7, 2010 Zoning Meeting Agenda
Zoning Agenda July 7, 2010 Page 1 of 3 CITY OF MIAMI GARDENS ZONING AGENDA Meeting Date: July 7, 2010 1515 NW 167th St., Bldg. 5, Suite 200, Miami Gardens, Florida 33169 Phone: (305)
622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Barbara Watson Councilman André Williams
Councilman Melvin L. Bratton Councilwoman Sharon Pritchett Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens City Clerk Ronetta Taylor, MMC
City of Miami Gardens Ordinance No. 2007-09-115, requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00. This
applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include
the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: 2. INVOCATION: 3. PLEDGE
OF ALLEGIANCE: 4 4. APPROVAL OF MINUTES: 4-A) June 2, 2010 – Regular Zoning Minutes 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (Items shall be pulled from
the Consent Agenda at this time): Page 1 of 170
6. PRESENTATION(S) None 7. CONSENT AGENDA None 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S) 8-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA AMENDING THE
CITY’S LAND DEVELOPMENT REGULATIONS (LDRs) AS ADOPTED BY ORDINANCE NO. 2010-10-218; AMENDING SECTION 2-60, “DEVELOPMENT REVIEW COMMITTEE’; AMENDING SECTION 2-80, “GRANTING OF VARIANCES
AND WAIVERS”; AMENDING SECTION 2-230, “VESTED RIGHTS”; AMENDING SECTION 7-110 “DESIGN STANDARDS”; AMENDING SECTION 9-20 “USES PERMITTED WITH EXTRA REQUIREMENTS”; AMENDING SECTION 10-10
“ACCESSORY STRUCTURES”; AMENDING SECTION 10-20, “ACCESSORY USE TABLE”; AMENDING SECTION 10-30, “ADDITIONAL STANDARDS; AMENDING ARTICLE XI, “TABLE 1 DEVELOPMENT STANDARDS”; AMENDING SECTION
12-160 “ COMMERCIAL, RECREATIONAL, BOAT AND VESSEL VEHICLE PARKING IN RESIDENTIALLY ZONED PROPERTY; AMENDING SECTION 12-170, “COMMERCIAL, RECREATIONAL, BOAT AND VESSEL PARKING IN INDUSTRIAL
ZONE PROPERTY RESTRICTIONS; AMENDING SECTION 14-10 “IN GENERAL”; AMENDING 14-20, “LANDSCAPE PERMIT REQUIRED”; AMENDING SECTION 14-60, “LANDSCAPE, BUFFERING MINIMUM STANDARDS; AMENDING
SECTION 14-70, “EXTRA STANDARDS, EXCEPTIONS; AMENDING SECTION 17-60, “SIGNS PERMITTED WITHOUT SIGN PERMIT”; AMENDING APPENDIX A, “MASTER USE LIST DEFINITIONS”; MORE PARTICULARLY DESCRIBED
HERETO AS EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES AND RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE.(SPONSORED BY THE CITY MANAGER) 8-B) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY FLORIDA MEMORIAL UNIVERSITY,
INC., FOR THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 42ND AVENUE AND N.W. 156TH STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A,” ATTACHED HERETO, FROM R-2, DUPLEX RESIDENTIAL
AND R-15, MULTIPLE FAMILY RESIDENTIAL TO PD, PLANNED DEVELOPMENT; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; Zoning Agenda July 7, 2010 Page 2 of 3 Page 2 of 170
Zoning Agenda July 7, 2010 Page 3 of 3 PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE
DATE. (SPONSORED BY THE CITY MANAGER) 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) None 10. RESOLUTION(S)/PUBLIC HEARING(S): None 11. CITY MANAGER’S REPORT 11-A) Status Report Regarding
Proposed Amendment to Interlocal Agreement for Public School Facility Planning 12. ADJOURNMENT IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED
AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, CITY CLERK (305) 622-8003, NOT LATER THAN 48 HOURS PRIOR
TO SUCH PROCEEDING. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8003. ANYONE WISHING TO APPEAL
ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED
TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Please turn-off all beepers and cellular
telephones to avoid interrupting the council meeting. Page 3 of 170
ITEM 8-A) ORDINANCE FIRST READING Amending the Land Development Regulations Page 4 of 170
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1 1 ORDINANCE NO. 2010____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 4 GARDENS, FLORIDA AMENDING THE CITY’S LAND DEVELOPMENT 5 REGULATIONS (LDRs) AS ADOPTED BY ORDINANCE
NO. 2010-10-6 218; AMENDING SECTION 2-60, “DEVELOPMENT REVIEW 7 COMMITTEE’; AMENDING SECTION 2-80, “GRANTING OF 8 VARIANCES AND WAIVERS”; AMENDING SECTION 2-230, “VESTED 9 RIGHTS”; AMENDING
SECTION 7-110 “DESIGN STANDARDS”; 10 AMENDING SECTION 9-20 “USES PERMITTED WITH EXTRA 11 REQUIREMENTS”; AMENDING SECTION 10-10 “ACCESSORY 12 STRUCTURES”; AMENDING SECTION 10-20, “ACCESSORY
USE 13 TABLE”; AMENDING SECTION 10-30, “ADDITIONAL STANDARDS; 14 AMENDING ARTICLE XI, “TABLE 1 DEVELOPMENT STANDARDS”; 15 AMENDING SECTION 12-160 “ COMMERCIAL, RECREATIONAL, BOAT 16
AND VESSEL VEHICLE PARKING IN RESIDENTIALLY ZONED 17 PROPERTY; AMENDING SECTION 12-170, “COMMERCIAL, 18 RECREATIONAL, BOAT AND VESSEL PARKING IN INDUSTRIAL ZONE 19 PROPERTY RESTRICTIONS;
AMENDING SECTION 14-10 “IN 20 GENERAL”; AMENDING 14-20, “LANDSCAPE PERMIT REQUIRED”; 21 AMENDING SECTION 14-60, “LANDSCAPE, BUFFERING MINIMUM 22 STANDARDS; AMENDING SECTION 14-70, “EXTRA
STANDARDS, 23 EXCEPTIONS; AMENDING SECTION 17-60, “SIGNS PERMITTED 24 WITHOUT SIGN PERMIT”; AMENDING APPENDIX A, “MASTER USE 25 LIST DEFINITIONS”; MORE PARTICULARLY DESCRIBED HERETO
AS 26 EXHIBIT “A;” PROVIDING FOR THE ADOPTION OF 27 REPRESENTATIONS; REPEALING ALL ORDINANCES AND 28 RESOLUTIONS IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; 29 PROVIDING FOR AN EFFECTIVE
DATE. 30 31 WHEREAS, the City recently adopted Land Development Regulations to 32 ensure that future development and redevelopment within the City of Miami 33 Gardens is architecturally
and aesthetically pleasing and in line with the policies 34 adopted by the City’s Comprehensive Development Master Plan (CDMP), as well 35 as to promote public health, safety and welfare,
and 36 WHEREAS, at the City Council meeting of April 7, 2010, staff was directed 37 to return within ninety (90) days with recommendations to address some of the 38 concerns raised during
the meeting, and Page 6 of 170
2 1 WHEREAS, staff is proposing certain amendments to address some of the 2 comments made at the April 7, 2010 meeting, as well as other staff-driven 3 amendments, 4 NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE 5 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 6 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 7 Whereas paragraphs are hereby ratified
and confirmed as being true, and the same 8 are hereby made a specific part of this Ordinance. 9 Section 2. ADOPTION OF AMENDMENTS TO LAND DEVELOPMENT 10 REGULATIONS: The City Council
of the City of Miami Gardens hereby adopts 11 those certain Amendments to the Land Development Regulations attached hereto 12 as Exhibit “A” and incorporated herein by reference. 13
Section 3. CONFLICT: All Ordinances or Code provisions in conflict 14 herewith are hereby repealed. 15 Section 4. SEVERABILITY: If any section, subsection, sentence, 16 clause, phrase
or portion of this Ordinance is for any reason held invalid or 17 unconstitutional by any court of competent jurisdiction, such portion shall be 18 deemed a separate, distinct and independent
provision and such holding shall 19 not affect the validity of the remaining portions of this Ordinance. 20 Section 5. INCLUSION IN THE CODE: It is the intention of the 21 City Council
of the City of Miami Gardens that the provisions of this Ordinance 22 shall become and be made a part of the Code of Ordinances of the City of Miami 23 Gardens, that the Sections of
this Ordinance may be remembered or re-lettered Page 7 of 170
3 1 or the word Ordinance may be changed to Chapter, Section, Article or any other 2 such word or phrase, the use of which shall accomplish the intentions herein 3 expressed, provided
however, that Section 1 hereof of the provisions 4 contemplated thereby shall not be codified. 5 Section 6. EFFECTIVE DATE: This Ordinance shall become effective 6 immediately upon its
final passage. 7 PASSED ON FIRST READING ON THE ____ DAY OF __________, 8 2010. 9 PASSED ON SECOND READING ON THE ____ DAY OF 10 _______, 2010. 11 PASSED ON FINAL READING ON THE _____Day
of 12 __________________2010 13 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 14 MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE ___ DAY OF 15 ______, 2010. 16 17 ___________________________
_____ 18 SHIRLEY GIBSON, MAYOR 19 20 21 22 ATTEST: 23 24 25 _________________________________ 26 RONETTA TAYLOR, MMC, CITY CLERK 27 28 PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
29 30 31 SPONSORED BY: DANNY CREW, CITY MANAGER Page 8 of 170
4 1 2 3 4 Moved by: __________________ 5 Second by: _________________ 6 7 8 9 10 VOTE: _________ 11 12 Mayor Shirley Gibson ____ (Yes) ____(No) 13 Vice Mayor Aaron Campbell ____ (Yes)
____(No) 14 Councilman Melvin L. Bratton ____(Yes) ____(No) 15 Councilman Oliver Gilbert, III ____ (Yes) ____(No) 16 Councilman Andre’ Williams ____(Yes) ____(No) 17 Councilwoman Sharon
Pritchett ____ (Yes) ____(No) 18 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 9 of 170
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ITEM 8-B) ORDINANCE FIRST READING Applicaiont of Florida Memorial University Page 22 of 170
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1 1 ORDINANCE NO. 2010____ 2 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE 5 APPLICATION SUBMITTED BY FLORIDA MEMORIAL 6 UNIVERSITY, INC.,
FOR THE REZONING OF THE 7 PROPERTY GENERALLY LOCATED AT 42ND AVENUE AND 8 N.W. 156TH STREET, MORE PARTICULARLY DESCRIBED 9 ON EXHIBIT “A,” ATTACHED HERETO, FROM R-2, DUPLEX 10 RESIDENTIAL
AND R-15, MULTIPLE FAMILY RESIDENTIAL 11 TO PD, PLANNED DEVELOPMENT; PROVIDING FOR A 12 DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING 13 FOR THE ADOPTION OF REPRESENTATIONS; REPEALING
14 ALL ORDINANCES IN CONFLICT; PROVIDING A 15 SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE 16 DATE. 17 18 WHEREAS, Florida Memorial University, Inc. (“Applicant”), has filed an 19
application with the City requesting a rezoning from R-2, Duplex Residential and R-20 15, Multiple Family Residential to PD, Planned Development for property generally 21 located at
42nd Avenue and N.W. 156th Street, more particularly described on 22 Exhibit “A” attached hereto (“Property”), and 23 WHEREAS, public hearings were held on this matter on July 7th and
24 September 1st, and 25 WHEREAS, City Council considered the testimony of the Applicant, if any, 26 and 27 WHEREAS, City Council also considered the testimony of the City’s 28 Planning
and Zoning staff and well as the Staff Report attached hereto as Exhibit 29 “B” and incorporated herein by reference, and 30 WHEREAS, City staff recommends approval of the Application,
and 31 WHEREAS, City Council has reviewed the Application and approves same 32 subject to the recording of a Declaration of Restrictive Covenants, and Page 25 of 170
2 1 WHEREAS, City staff has determined that the rezoning is consistent with the 2 City’s Comprehensive Development Master Plan, 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE 4 CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 5 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing 6 Whereas paragraphs are hereby ratified and confirmed as being true, and the
same 7 are hereby made a specific part of this Ordinance. 8 Section 2. APPROVAL: The City Council of the City of Miami Gardens 9 hereby approves the Application submitted by Florida
Memorial University, Inc. for 10 the rezoning of property generally located at 42nd Avenue and N.W. 156th Street, 11 more particularly described on Exhibit “A” attached hereto from R-2,
Duplex 12 Residential and R-15, Multiple Family Residential to PD, Planned Development. 13 Section 3. APPROVAL OF DECLARATION OF RESTRICTIVE 14 COVENANTS: The City Council of the City
of Miami Gardens hereby approves 15 the Declaration of Restrictive Covenants attached hereto as Exhibit “C.” 16 Section 4. CONFLICT: All ordinances or code provisions in conflict 17
herewith are hereby repealed. 18 Section 5. SEVERABILITY: If any section, subsection, sentence, 19 clause, phrase or portion of this Ordinance is for any reason held invalid or 20 unconstitutional
by any court of competent jurisdiction, such portion shall be 21 deemed a separate, distinct and independent provision and such holding shall 22 not affect the validity of the remaining
portions of this Ordinance. Page 26 of 170
3 1 Section 6. EFFECTIVE DATE: This Ordinance shall become effective 2 immediately upon its final passage. 3 PASSED ON FIRST READING ON THE _______ DAY OF 4 ________________, 2010. 5
PASSED ON SECOND READING ON THE _____ DAY OF 6 ________________, 2010. 7 ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF 8 MIAMI GARDENS AT ITS ZONING MEETING HELD ON THE _____
DAY OF 9 ________________, 2010. 10 11 ________________________________ 12 SHIRLEY GIBSON, MAYOR 13 14 15 16 ATTEST: 17 18 19 _________________________________ 20 RONETTA TAYLOR, MMC,
CITY CLERK 21 22 23 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 24 25 SPONSORED BY: DANNY CREW, CITY MANAGER 26 27 28 29 Moved by: __________________ 30 31 Second by: _________________
32 33 34 VOTE: _________ 35 36 Mayor Shirley Gibson ____ (Yes) ____(No) 37 Vice Mayor Aaron Campbell ____ (Yes) ____(No) Page 27 of 170
4 1 Councilman Melvin L. Bratton ____(Yes) ____(No) 2 Councilman Oliver Gilbert III ____ (Yes) ____(No) 3 Councilman Andre’ Williams ____(Yes) ____(No) 4 Councilwoman Sharon Pritchett
____ (Yes) ____(No) 5 Councilwoman Barbara Watson ____ (Yes) ____(No) Page 28 of 170
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Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared
by: Sonja K. Dickens, Esquire 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING
DATA DECLARATION OF RESTRICTIONS WHEREAS, Florida Memorial University, Inc. ("Applicant"), owns certain property located at 42nd Avenue and N.W. 156th Street ("Property"), more particularly
described on Exhibit "A," attached hereto, and WHEREAS, the Applicant filed an Application with the City of Miami Gardens to rezone the area from R-2, Duplex Residential and R-15, Multiple
Family Residential to PD, Planned Development. 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. Site Plan. That the
approval is based upon all surveys, master plans and related documents submitted hereto by the Applicant including but not limited to the Comprehensive Campus Master Plan, by Nayarko
Architectural Group, May 2010; Parking Study, by Traftech Engineering, dated May 25, 2010; Comprehensive Campus Master Plan, Florida Memorial University, Survey – 5 Sheets, MP-01, Zoning
Information, Aerial Photograph, MP-02, Planned Development District (PD) Master Plan, by Nyarko Architectural Group, Inc., Florida Memorial University Living and Learning Resident Hall,
R.J. Heisenbottle Architects, April 16, 2010; Map of Page 32 of 170
2 Boundary for Florida Memorial College, Hadone Surveyors, May 24, 2010. 2. Platting: Pursuant to subdivisions standards set forth in Article VII of the City’s Land Development Regulations,
platting is required. The Planning and Zoning Department will not approve building permits until a T-Plat has been approved and the CO will not be approved until the final plat is recorded.
3. Landscape: Prior to the removal of trees, a tree removal permit is required from the Miami Gardens Planning and Zoning Department (Section 14-90 of the Miami Gardens LDRs) and from
the Miami-Dade Department of Environmental Resources Management (DERM) (Section 24-60 of the Miami-Dade County Code). 4. Landscape Plan Required Prior to Building Permit: Pursuant to
Section 14-30 and prior to the issuance of a building permit, a landscape permit shall be submitted for review and approval to ensure that the landscape plans are substantially in compliance
with those submitted with this public hearing application. 5. Commencement of Construction: Construction shall commence within thirty-six (36) months from date of approval in accordance
to section 2-140 of the City’s Land Development Regulations. 6. Parking: Based on analysis, findings and comments from the Parking Analysis by TrafTech and Corradino Group, on-site parking
needs to insure a reasonable distribution of parking throughout the site for students, faculty and visitors. As such, Florida Memorial University shall develop a Campus Parking Management
Plan to be submitted, reviewed and approved by the City of Miami Gardens. The Campus Parking Management Plan shall include signage, permitting and other reasonable methods and techniques
to insure reasonable distribution of parking. The Management Plan shall also include enforcement mechanisms to insure the Plan’s implementation. The Parking Management Plan shall be
completed and ready to implement prior to obtaining a Temporary Certificate of Occupancy for the proposed dormitories. 7. Development Review Committee (DRC) Approval Required for Future
Development Phases: DRC approval will be required for each development phase of the master plan; amendments to the master plan that are deemed to be substantially different from the
approved master plan will require approval by the City Council. 8. Finished Floor Elevation: Finished floor elevation shall conform to Miami-Dade County Flood Criteria. 9. Signage: Signage
shall require a separate Sign Plan Application. 10. Declaration of Restrictive Covenants: The Applicant shall proffer a Declaration Page 33 of 170
3 of Restrictive Covenants containing, but not limited to, the conditions contained herein. 11. 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. 12. Covenant Running With The Land. This
Declaration on the part of the Applicant shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Applicant, 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. 13. Term. This Declaration is to run 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. 14. 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. 15. 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. 16. Authorization for Miami Gardens to Withhold Permits and Inspections. In the Page 34 of 170
4 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. 17. Executed Copy to be provided to the City. Executed Copy to be provided to the City
Clerk. The Applicant shall be fully responsible for providing to the City Clerk an original and fully executed copy of the Declaration of Restrictions within thirty (30) days of the
approval of this request by the City Council, unless an appeal is filed or otherwise the Director, for good cause shown, grants a time extension. If this is not accomplished, the approval
shall become null and void. If circumstances prevent the Applicant from complying with this timeframe condition, the Applicant may request, in writing, an extension of said thirty-day
timeframe in writing to the Development Services Director, who is authorized to take such action upon the request to approve, disapprove or approve with conditions such request. 18.
Election of Remedies. All rights, remedies and privileges granted herein shall be deemed to be cumulative and the exercise of any one or more shall neither be deemed to constitute an
election of remedies, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 19. Recording. The City, at Applicant's
expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida. 20. Acceptance of
Declaration. Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation or approval
of any application, zoning or otherwise, and the City Council retains its full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance.
21. Applicant. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. 22. Waiver. Each and every covenant and agreement contained herein shall
be for any and all purposes hereof construed as separate and independent and the breach of any covenant by any party shall not release or discharge such party from its obligations hereunder.
No delay or omission by any party to exercise its rights accruing upon any noncompliance or failure of performance by any party shall impair any such right or be construed to be a waiver
thereof. A waiver by any party hereto of any of the covenants, conditions or agreements to be performed by any other party shall not be construed to be a waiver of any succeeding breach
or of any other covenants, conditions or agreements contained herein. Page 35 of 170
5 23. Severability. All rights, powers and remedies provided herein may be exercised only to the extent that the exercise thereof does not violate any then applicable law and shall be
limited to the extent necessary to render the real covenants herein valid and enforceable. If any term, provision, covenant or agreement contained herein or the application thereof to
any person, entity or circumstance shall be held to be invalid, illegal or unenforceable, the validity of the remaining terms, provisions, covenants or agreements or the application
of such term, provision, covenant or agreement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 24.
Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and
exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 25. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall
be deemed an original, and all of which, when taken together, shall constitute one and the same document. (SIGNATURE PAGE TO FOLLOW) Page 36 of 170
6 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print
Name: _________________________ Florida Memorial University, Inc. _______________________ BY ITS: PRESIDENT ________________________ Signature ________________________ Print Name ____________________
_____ Date Print Name: _______________ ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS,
FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Danny Crew Date:___________________________ Page 37 of 170
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1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 7, 2010 Item Type: (Enter X in box) Resolution
Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No Funding Source:
N/A Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: N/A X Sponsor: Danny Crew, City Manager Department: Planning and
Zoning Staff Summary: Status Report Regarding Proposed Amendments to Interlocal Agreement (ILA) for Public School Facility Planning Background • In 2007, City of Miami Gardens adopted
the “Amended and Restated Interlocal Agreement (ILA)” a/k/a “Consensus Interlocal Agreement (ILA)” with Miami Dade County Public Schools. • Consensus ILA was adopted by 25 out of 27
non-exempt municipalities. • In 2008 Miami-Dade County adopted the “Bi-Lateral Interlocal Agreement (ILA)” with Miami-Dade Public Schools (City of Hialeah and Hialeah Gardens adopted
the Bi-Lateral Agreement). • Presentation on ILA amendments was given to City Council by Miami Dade Public Schools (MDPS) staff on January 6, 2010. It was explained that the “Favored
Nations Clause”; in the ILA triggers the School Board to offer same terms contained in the Bi-lateral ILA to signatories of the Consensus ILA. This results in consideration of ILA amendment(s).
There are two types of ILA amendments for consideration-• Sections 17 and 18 of the Consensus ILA trigger optional amendments to the Consensus ILA (City’s current ILA). Response to MDPS
is requested by September 24, 2010. • Section 16 and 19 of the Bi-Lateral ILA trigger the non-optional “Amendment 1”. This amendment addresses the issue on unanimous vote versus 2/3
majority vote of the local governments on all future amendments to the Consensus ILA (City’s current ILA). Response to MDPS is required by December 31, 2010. ITME 11-A) CITY MANAGER'S
REPORT Proposed Amendment to Interlocal Agreement for Public School Facility Planning Page 168 of 170
1515 NW 167 Street, Building 5 Suite 200 Miami Gardens, Florida 33169 Current Situation • Optional Amendments – A local government may choose to adopt none, some, or all amendments.
Optional amendments are entirely optional and will be supplementary amendments to the Consensus ILA (City’s current ILA). Please see attached form. 1) Optional amendments to be considered
are: 1) Section 9.2 (a) Capacity Methodology and Formula for Availability; 2) 9.2 (b) level of Service Standard; 3) 9.2 (c) Concurrency Service Areas; 4) 9.2 (d) Student Generation multipliers;
5) 9.2 (f) Proportionate Share Mitigation (includes Charter School Criteria); 6) Section 9.3 Updates to Public School Concurrency; 7) Section 22 Taking and Vested Rights; 8) No optional
amendments will be selected. 2) Optional amendment related to Charter Schools-MDPS Staff Working Group (SWG) created a sub-committee to review and make recommendations on criteria for
Charter Schools (mitigation option at sole option of the School Board). Miami Gardens will be represented as a member in this sub-committee. The committee will report recommendations
to the SWG at its next meeting in October 2010. • Non-Optional “Amendment 1” (unanimity versus 2/3 vote) 1) MUST be considered by all local governments. Adds a new Section 21 to the
Consensus ILA (City’s current ILA). 2) Local government may choose to keep the current unanimity vote OR decide to have the proposed 2/3 majority vote. 3) Amendment for the proposed
2/3 majority vote must be unanimously approved by all municipalities in order for it to become effective. In that case, each local government will need to execute the amendment which
shall not be effective until the amendment is fully executed by all applicable parties. 4) If the amendment is not unanimously approved, the current requirement for unanimous vote while
considering future amendments to ILA will remain in effect. • ILA Amendment Process a) Optional amendments package correspondence was sent by MDPS to all local governments in March 2010.
Response Response regarding which optional amendments were to be considered by City was requested by September 24, 2010. Per April 29, 2010 SWG meeting if a local government opts to
consider optional and non-optional amendments at the same time, staff may communicate to MDPS accordingly. There are no consequences to not meeting the deadline for optional amendments.
b) Staff has sent correspondence to MDPS advising that both optional amendments and nonoptional Amendment 1 will be considered by the City Council at the same time. 1) Amendment 1 package
correspondence will be sent by MDPS to all local governments by October 30, 2010. 2) From receipt of second package, staff has 60 days to present both optional amendments and non-optional
Amendment 1 items to City Council for consideration. City Council will take action through Resolution. 3) Result must be transmitted back to MDPS by December 31, 2010. Analysis There
is no impact on City of Miami Gardens operations. Proposed Action: This is an information item. Therefore no action is necessary or required at this time. Attachment: Response Form for
Optional Amendments from Miami-Dade Public Schools Page 169 of 170
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