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HomeMy WebLinkAboutNovember 3, 2010 Zoning Agenda Zoning Agenda November 3, 2010 Page 1 of 3 CITY OF MIAMI GARDENS ZONING AGENDA Meeting Date: November 3, 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 Lisa C Davis Councilman André Williams 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) October 6, 2010 – Regular Zoning Minutes 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS) BUSINESS (Items shall be pulled from the Consent Agenda at this time): 6. PRESENTATION(S) Page 1 of 205 Zoning Agenda November 3, 2010 Page 2 of 3 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, APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH E. NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR THE REZONING OF THE PROPERTY LOCATED AT 1850 N.W. 183RD STREET AND 18145 N.W. 19TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL AND OF, OFFICE DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S) 10. RESOLUTION(S)/PUBLIC HEARING(S): 10-A) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI MONEY MARKET INC., FOR A SPECIAL EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY’S PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY LOCATED AT 16601 N.W. 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY HABITAT FOR HUMANITY OF GREATER MIAMI FOR A VARIANCE OF SECTION 34-342 OF THE CITY’S LAND DEVELOPMENT CODE TO PERMIT TWO PROPOSED SINGLEFAMILY RESIDENTIAL LOTS WITH LOT AREAS OF 5,000 SQUARE FEET (PARCEL A) AND 5,365 SQUARE FEET (PARCEL B) WHERE A MINIMUM LOT AREA OF 7,500 SQUARE FEET IS Page 2 of 205 Zoning Agenda November 3, 2010 Page 3 of 3 REQUIRED; APPROVING A VARIANCE OF SECTION 34-342 OF THE LAND DEVELOPMENT CODE TO PERMIT TWO PROPOSED SINGLE-FAMILY RESIDENTIAL LOTS WITH LOT FRONTAGES OF 50 FEET (PARCEL A) AND 55 FEET (PARCEL B), WHERE A MINIMUM LOT FRONTAGE OF 75 FEET IS REQUIRED, FOR THE RESIDENTIAL PROPERTIES LOCATED AT 1801 AND 1811 N.W. 151ST STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 10-C) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY AMERICAN TOWER CORPORATION FOR A SPECIAL EXCEPTION USE TO ALLOW A WIRELESS SUPPORTED SERVICE FACILITY AND AN ANTENNA SUPPORT STRUCTURE IN THE R-15, MULTI-FAMILY RESIDENTIAL DISTRICT; AND A VARIANCE OF SECTION 34-288(41)(b)(5) TO ALLOW AN ANTENNA SUPPORT STRUCTURE EXCEEDING 100.0’ IN HEIGHT WITH A SETBACK OF 166.0’ WHERE A SETBACK OF 200.0’ IS REQUIRED, AT THE PROPERTY LOCATED AT 390 N.W. 210TH STREET MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 11. CITY MANAGER’S REPORT 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 205 ITEM 8-A) ORDINANCE FIRST READING/PUBLIC HEARING Application of Peace Moravian Church Page 4 of 205 Page 5 of 205 Page 6 of 205 ORDINANCE NO. 2010 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PASTOR JOSEPH E. NICOLAS FOR THE PRINCE OF PEACE MORAVIAN CHURCH FOR THE REZONING OF THE PROPERTY LOCATED AT 1850 N.W. 183RD STREET AND 18145 N.W. 19TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL AND OF, OFFICE DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pastor Joseph E. Nicolas (“Applicant”), representing The Prince of Peace Moravian Church, is requesting the rezoning of a 3.09 acre parcel of land located at the southeast corner of N.W. 183rd Street and N.W. 19th Avenue from R-1, Single Family Residential District, and from OF, Office District to NC, Neighborhood Commercial District, and WHEREAS, this would allow, as a permitted use, the existing place of religious assembly and a proposed expansion for a 6,724 sq. ft. fellowship/banquet hall, and WHEREAS, the City Council held a public hearing on the application on November 3, 2010, and WHEREAS, the City’s Planning and Zoning staff has made a comprehensive determination that the application is consistent with the Comprehensive Development Master Plan, and WHEREAS, the City’s Planning and Zoning staff recommends approval of the application, and Page 7 of 205 WHEREAS, the City Council considered the testimony of the Applicant, if any, and WHEREAS, the City Council also considered the testimony of the City’s Planning and Zoning staff and the staff report attached hereto as Exhibit “B”, 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 application submitted by the Applicant for the rezoning of the property generally located at 1850 N.W. 183rd Street and 18145 N.W. 19th Avenue, more particularly described on Exhibit “A” and attached hereto for a rezoning from R-1, Single Family Residential District and from OF, Office District to NC, Neighborhood Commercial District. 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. Page 8 of 205 Section 5. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE _____ DAY OF __________, 2010. PASSED ON SECOND READING ON THE ____ DAY OF _________, 2010. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE _____ DAY OF ______________, 2010. _________________________ _______ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Prepared by SONJA K. DICKENS, CITY ATTORNEY SPONSORED BY: DR. DANNY CREW, CITY MANAGER Moved by: __________________ Second by: _________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____(No) Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____(No) Councilwoman Lisa Davis ____ (Yes) ____(No) Page 9 of 205 Councilman Oliver Gilbert, III ____(Yes) ____(No) Councilwoman Sharon Pritchett ____ (Yes) ____(No) Councilman Andre’ Williams ____(Yes) ____(No) Page 10 of 205 Page 11 of 205 Page 12 of 205 Page 13 of 205 Page 14 of 205 Page 15 of 205 Page 16 of 205 Page 17 of 205 Page 18 of 205 Page 19 of 205 Page 20 of 205 Page 21 of 205 Page 22 of 205 Page 23 of 205 Page 24 of 205 Page 25 of 205 Page 26 of 205 Page 27 of 205 Page 28 of 205 Page 29 of 205 Page 30 of 205 Page 31 of 205 Page 32 of 205 Page 33 of 205 Page 34 of 205 Page 35 of 205 Page 36 of 205 Page 37 of 205 Page 38 of 205 Page 39 of 205 Page 40 of 205 Page 41 of 205 Page 42 of 205 Page 43 of 205 Page 44 of 205 Page 45 of 205 Page 46 of 205 Page 47 of 205 Page 48 of 205 Page 49 of 205 Page 50 of 205 Page 51 of 205 Page 52 of 205 Page 53 of 205 ITEM 10-A) RESOLUTION PUBLIC HEARING Application of Miami Money Market Inc. Page 54 of 205 Page 55 of 205 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION 5 SUBMITTED BY MIAMI MONEY MARKET INC., FOR A SPECIAL 6 EXCEPTION USE TO ALLOW A PAWN SHOP IN THE CITY’S 7 PCD, PLANNED CORRIDOR DEVELOPMENT AT PROPERTY 8 LOCATED AT 16601 N.W. 27TH AVENUE, MORE 9 PARTICULARLY DESCRIBED IN EXHIBIT “A”, ATTACHED 10 HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE 11 COVENANTS; PROVIDING FOR THE ADOPTION OF 12 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 13 14 WHEREAS, Miami Money Market Inc., (“Applicant”) is requesting a special 15 exception use to allow a pawn shop at 16601 N.W. 27th Avenue, more particularly 16 described on Exhibit “A” attached hereto, and 17 WHEREAS, currently pawn shops are only permitted as special exception uses 18 in the City’s PCD, Planned Corridor Development, NC, Neighborhood Commercial, and 19 I-1, I-2 Light and Heavy Industrial districts, and 20 WHEREAS, the City’s Planning and Zoning staff recommends approval of the 21 application subject to certain restrictions, and 22 WHEREAS, the City Council considered the testimony of the Applicant, if any, 23 and 24 WHEREAS, the City Council also considered the testimony of the City’s Planning 25 and Zoning staff, and the staff report is attached hereto as Exhibit “B”, and is 26 incorporated herein by reference, 27 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 28 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Page 56 of 205 1 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 2 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 3 made a specific part of this Resolution. 4 Section 2. APPROVAL: The City Council of the City of Miami Gardens, 5 Florida hereby grants Miami Money Market, Inc., a special exception to allow for a pawn 6 shop in the City’s PCD, Planned Corridor Development at 16601 N.W. 27th Avenue, 7 subject to the conditions outlined in the Declaration of Restrictions attached hereto as 8 Exhibit “C”. 9 Section 3. DECLARATION OF RESTRICTIONS: The City Council of the City 10 of Miami Gardens, Florida hereby approves the Declaration of Restrictive Covenants 11 attached hereto as Exhibit “C”. 12 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 13 upon its final passage. 14 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 15 AT ITS REGULAR MEETING HELD ON________________ ___. 16 17 18 _________________________________ 19 SHIRLEY GIBSON, GIBSON, MAYOR 20 ATTEST: 21 22 23 24 _________________________________ 25 RONETTA TAYLOR, MMC, CITY CLERK 26 27 28 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 29 30 31 SPONSORED BY: DR. DANNY CREW, CITY MANAGER Page 57 of 205 1 2 3 4 MOVED BY:_____________________ 5 6 7 8 VOTE: _____ 9 10 Mayor Shirley Gibson (Yes) ___(No) 11 Vice Mayor Aaron Campbell (Yes) ___(No) 12 Councilman Oliver Gilbert, III (Yes) ___(No) 13 Councilwoman Lisa Davis (Yes) ___(No) 14 Councilwoman Sharon Pritchett (Yes) ___(No) 15 Councilman André Williams (Yes) ___(No) 16 17 18 Page 58 of 205 Page 59 of 205 Page 60 of 205 Page 61 of 205 Return to: (enclose self-addressed stamped envelope) 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, Miami Money Market, Inc. ("Applicant"), owns certain property located at 16601 N.W. 27th Avenue ("Property"), more particularly described on Exhibit "A," attached hereto, and WHEREAS, the Applicant filed an Application with the City of Miami Gardens for a special exception use to allow for a pawn shop in the PCD, Planned Corridor Development District. 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. The development be substantially in compliance with plans submitted with the special exception application entitled “Miami Money Market” as prepared by Juan A. Rodriquez, RA consisting of sheets A2.01, A3.01, A4.01, A5.01, L1.01, dated stamped received Sept. 3, 2010. 2. Operation and Maintenance Restrictions. a. That the applicant submit and obtain a landscape plan approval from the Planning and Zoning Department prior to the issuance of a certificate of Page 62 of 205 Page 2 of 5 occupancy of the building. Said plans shall meet the approval of the Planning and Zoning Department. b. That the business operation hours be limited to 7:00 am to 10:00 pm Monday to Saturday, and 10:00 am to 7:00 pm on Sundays. c. In the event the operation becomes a detriment to the surrounding area and/or affects the health, safety or welfare of the surrounding citizens and/or businesses, the City may revoke and terminate the certificate of use and/or the special exception use approval, upon a public hearing before the City Council. 3. 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. 4. 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. 5. Term. This Declaration is to 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. 6. 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. Page 63 of 205 Page 3 of 5 7. 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. 8. Authorization for Miami Gardens to Withhold Permits and Inspections. In the 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. 9. 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. 10. 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. privileges. 11. 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. 12. 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. 13. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. Page 64 of 205 Page 4 of 5 14. 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. 15. 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. 16. 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. 17. 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 65 of 205 Page 5 of 5 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ _______________________ MIAMI MONEY MARKET, 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 Mayor Shirley S. Gibson Date:___________________________ Page 66 of 205 Page 67 of 205 Page 68 of 205 Page 69 of 205 Page 70 of 205 Page 71 of 205 Page 72 of 205 Page 73 of 205 Page 74 of 205 Page 75 of 205 Page 76 of 205 Page 77 of 205 Page 78 of 205 Page 79 of 205 Page 80 of 205 Page 81 of 205 Page 82 of 205 Page 83 of 205 Page 84 of 205 Page 85 of 205 Page 86 of 205 Page 87 of 205 Page 88 of 205 Page 89 of 205 Page 90 of 205 Page 91 of 205 Page 92 of 205 Page 93 of 205 Page 94 of 205 Page 95 of 205 Page 96 of 205 Page 97 of 205 Page 98 of 205 Page 99 of 205 Page 100 of 205 Page 101 of 205 Page 102 of 205 Page 103 of 205 Page 104 of 205 Page 105 of 205 Page 106 of 205 Page 107 of 205 Page 108 of 205 Page 109 of 205 ITEM 10-B) RESOLUTION PUBLIC HEARING Application of Humanity of Greater Miami Page 110 of 205 Page 111 of 205 Page 112 of 205 1 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION 5 SUBMITTED BY HABITAT FOR HUMANITY OF GREATER 6 MIAMI FOR A VARIANCE OF SECTION 34-342 OF THE CITY’S 7 LAND DEVELOPMENT CODE TO PERMIT TWO PROPOSED 8 SINGLE-FAMILY RESIDENTIAL LOTS WITH LOT AREAS OF 9 5,000 SQUARE FEET (PARCEL A) AND 5,365 SQUARE FEET 10 (PARCEL B) WHERE A MINIMUM LOT AREA OF 7,500 SQUARE 11 FEET IS REQUIRED; APPROVING A VARIANCE OF SECTION 12 34-342 OF THE LAND DEVELOPMENT CODE TO PERMIT TWO 13 PROPOSED SINGLE-FAMILY RESIDENTIAL LOTS WITH LOT 14 FRONTAGES OF 50 FEET (PARCEL A) AND 55 FEET (PARCEL 15 B), WHERE A MINIMUM LOT FRONTAGE OF 75 FEET IS 16 REQUIRED, FOR THE RESIDENTIAL PROPERTIES LOCATED 17 AT 1801 AND 1811 N.W. 151ST STREET, MORE 18 PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED 19 HERETO; PROVIDING FOR THE ADOPTION OF 20 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 21 22 WHEREAS, Habitat for Humanity of Greater Miami (“Applicant”), is currently 23 23 rehabilitating two single family homes located at 1801 N.W. 151st Street and 1811 N.W. 24 151st Street respectively, and 25 WHEREAS, the Applicant seeks the following approval: 26 1. Variance of Section 34-342 of the City’s Land Development Code to permit 27 two proposed single family residential lots with lot areas of 5,000 square feet 28 (Parcel A) and 5,000 square feet (Parcel B), where a minimum lot of 7,500 29 square feet is required; and 30 31 2. Variance of Section 34-342 of the City’s Land Development Code to permit 32 two proposed single family residential lots with lot frontages of 50 feet (Parcel 33 A) and 69 feet (Parcel B) where a minimum lot frontage of 75 feet is required, 34 and 35 36 WHEREAS, the requested variances do not change the single family residential 37 use of the two parcels, and Page 113 of 205 2 1 WHEREAS, the request is consistent with Comprehensive Development Master 2 Plan, and 3 WHEREAS, the City’s Planning and Zoning staff recommends approval of the 4 application, and 5 WHEREAS, the City Council considered the testimony of the Applicant, if any, 6 and 7 WHEREAS, the City Council also considered the testimony of the City’s Planning 8 and Zoning staff, and the staff report is attached hereto as Exhibit “B” and is 9 incorporated herein by reference, 10 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 11 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 12 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 13 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 14 made a specific part of this Resolution. 15 Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida 16 hereby approves the application as follows: 17 1. Variance of Section 34-342 of the City’s Land Development Code to permit 18 two proposed single family residential lots with lot areas of 5,000 square feet 19 (Parcel A) and 5,000 square feet (Parcel B), where a minimum lot of 7,500 20 square feet is required; and 21 22 2. Variance of Section 34-342 of the City’s Land Development Code to permit 23 two proposed single family residential lots with lot frontages of 50 feet (Parcel 24 A) and 69 feet (Parcel B) where a minimum lot frontage of 75 feet is required. 25 26 Section 3. EFFECTIVE DATE: This Resolution shall take effect immediately 27 upon its final passage. 28 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS Page 114 of 205 3 1 AT ITS REGULAR MEETING HELD ON___________________. 2 3 4 _________________________________ 5 SHIRLEY GIBSON, MAYOR 6 ATTEST: 7 8 9 10 _________________________________ 11 RONETTA TAYLOR, MMC, CITY CLERK 12 13 14 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 15 16 17 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 18 19 20 21 MOVED BY:_____________________ 22 23 24 25 VOTE: _____ 26 27 Mayor Shirley Gibson (Yes) ___(No) 28 Vice Mayor Aaron Campbell (Yes) ___(No) 29 Councilman Oliver Gilbert, III (Yes) ___(No) 30 Councilwoman Lisa Davis (Yes) ___(No) 31 Councilwoman Sharon Pritchett (Yes) ___(No) 32 Councilman André Williams (Yes) ___(No) 33 34 35 Page 115 of 205 Page 116 of 205 Page 117 of 205 Page 118 of 205 Page 119 of 205 Page 120 of 205 Page 121 of 205 Page 122 of 205 Page 123 of 205 Page 124 of 205 Page 125 of 205 Page 126 of 205 Page 127 of 205 Page 128 of 205 Page 129 of 205 Page 130 of 205 Page 131 of 205 Page 132 of 205 Page 133 of 205 Page 134 of 205 Page 135 of 205 Page 136 of 205 Page 137 of 205 Page 138 of 205 Page 139 of 205 Page 140 of 205 Page 141 of 205 Page 142 of 205 Page 143 of 205 Page 144 of 205 ITEM 10-C) RESOLUTION PUBLIC HEARING Application of American Tower Corportation Page 145 of 205 Page 146 of 205 1 RESOLUTION No. 2010-2 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF 4 MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION 5 SUBMITTED BY AMERICAN TOWER CORPORATION FOR A 6 SPECIAL EXCEPTION USE TO ALLOW A WIRELESS 7 SUPPORTED SERVICE FACILITY AND AN ANTENNA 8 SUPPORT STRUCTURE IN THE R-15, MULTI-FAMILY 9 RESIDENTIAL DISTRICT; AND A VARIANCE OF SECTION 34-10 288(41)(b)(5) TO ALLOW AN ANTENNA SUPPORT STRUCTURE 11 EXCEEDING 100.0’ IN HEIGHT WITH A SETBACK OF 166.0’ 12 WHERE A SETBACK OF 200.0’ IS REQUIRED, AT THE 13 PROPERTY LOCATED AT 390 N.W. 210TH STREET MORE 14 PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED 15 HERETO; PROVIDING FOR DECLARATION OF RESTRICTIVE 16 COVENANTS; PROVIDING FOR THE ADOPTION OF 17 REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. 18 19 WHEREAS, American Tower Corporation (“Applicant”), owns certain property 20 located at 390 N.W. 210th Street, more particularly described on Exhibit “A” attached 21 hereto, and 22 WHEREAS, the Applicant seeks the following approval: 23 1. Special Special exception use to allow a wireless support service facility and 24 an antenna support structure in the R-15, Multi-Family Residential 25 District; and 26 27 2. A variance of setback regulation to allow an antenna support structure 28 over 100.0’ in height to setback 166.0’ from the residentially zoned 29 property where 200.0’ is required, and 30 31 WHEREAS, the City Council held a public hearing on the application on 32 November 3, 2010, and 33 WHEREAS, the City’s Planning and Zoning staff has made a determination that 34 the application is consistent with the Comprehensive Development Master Plan, and Page 147 of 205 1 WHEREAS, the City’s Planning and Zoning staff recommends approval of the 2 application subject to certain conditions, and 3 WHEREAS, the City Council considered the testimony of the Applicant, if any, 4 and 5 WHEREAS, the City Council also considered the testimony of the City’s Planning 6 and Zoning staff, and the staff report attached hereto as Exhibit “B” incorporated herein 7 by reference, 8 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 9 OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: 10 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 11 paragraphs are hereby ratified and confirmed as being true, and the same are hereby 12 made a specific part of this Resolution. 13 Section 2. APPROVAL: The City Council of the City of Miami Gardens, Florida 14 hereby approves the application submitted by the Applicant as follows: 15 1. Special exception use to allow a wireless support service facility and an 16 antenna support structure in the R-15, Multi-Family Residential District; and 17 18 2. Variance of setback regulations to allow an antenna support structure over 19 100.0’ in height to setback 166.0’ from residentially zoned property where 20 200.0’ is required, subject to the Declaration of Restrictions attached hereto 21 as Exhibit “C”. 22 23 Section 3. DECLARATION OF RESTRICTIONS: The City Council of the City 24 of Miami Gardens, Florida hereby approves the Declaration of Restrictions attached 25 hereto as Exhibit “C”. 26 Section 4. EFFECTIVE DATE: This Resolution shall take effect immediately 27 upon its final passage. Page 148 of 205 1 PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS 2 AT ITS REGULAR MEETING HELD ON___________________. 3 4 5 _________________________________ 6 SHIRLEY GIBSON, MAYOR 7 ATTEST: 8 9 10 11 _________________________________ 12 RONETTA TAYLOR, MMC, CITY CLERK 13 14 15 PREPARED BY: SONJA K. DICKENS, CITY ATTORNEY 16 17 18 SPONSORED BY: DR. DANNY CREW, CITY MANAGER 19 20 21 22 MOVED BY:_____________________ 23 24 25 26 VOTE: _____ 27 28 Mayor Shirley Gibson (Yes) ___(No) 29 Vice Mayor Aaron Campbell (Yes) ___(No) 30 Councilman Oliver Gilbert, III (Yes) ___(No) 31 Councilwoman Lisa Davis (Yes) ___(No) 32 Councilwoman Sharon Pritchett (Yes) ___(No) 33 Councilman André Williams (Yes) ___(No) 34 Page 149 of 205 Page 150 of 205 Page 151 of 205 Page 152 of 205 Return to: (enclose self-addressed stamped envelope) 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, American Tower Corporation (the "Applicant"), owns certain property located at 390 N.W. 210 Street, more particularly described on Exhibit "A," attached hereto, and WHEREAS, the City of Miami Gardens approved the Applicant's requests for: 1. Special exception use to allow a wireless support service facility and an antenna support structure in the R-15, Multi-Family Residential District; and 2. Variance of setback regulations to allow a antenna support structure over 100.0’ in height to setback 166.0’ from residentially zoned property where 200.0’ is required. 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 plans submitted for building permit be substantially in compliance with plans submitted with the special exception application titled “Hallandale 2FL 274547” as prepared by Morrison Hershfield, consisting of sheets G-1, G-2, A-1, A-2, A-3, A-4, E-1, E-2, E-3, dated August 11, 2010. Page 153 of 205 Page 2 of 6 2. Operation and Maintenance Restrictions. a. That the special exception use as a wireless supported service facility and antenna support structure be maintained as the principal use of the property and shall be, discontinued, abandoned, and removed in the event another principal use is established on the property. b. That the Applicant vacate the portion of N.W. 210 Street abutting the property to the north. After said vacation, the pavement and other improvements shall be removed and the area returned to a natural state of vegetation. Said vacation and improvements shall be made within one (1) year of approval of the Application. 3. Public Passive Park. The Applicant shall convey an approximately 25-foot wide land area around the site's perimeter to be utilized for public passive park purposes. The conveyance of this Perimeter Path will be to the City of Miami Gardens. The passive park area shall be specifically utilized and developed by the City of Miami Gardens to walking, jogging, bicycle and/or exercise trail facilities and similar activities. Said conveyance shall be made prior to issuance of building permit for the new antenna support structure. 4. Warranty Deed. The Applicant shall convey the Perimeter Path by Warranty Deed to the City within six (6) months from date of this approval, or issuance of a occupational license or certificate of use, whichever occurs first. 6. Survey, Title and Related Documents. The applicant shall provide necessary survey, title and related documents as may be required by the City to effect these provisions. 7. Access Easement. The City agrees that the conveyance of the Perimeter Path will include a reservation of Access Easements for the Applicant for the purpose of installation, maintenance and monitoring of the tower facilities and its components (i.e. guyed wiring). 8. 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 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. 19. 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 Page 154 of 205 Page 3 of 6 restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future Applicants of the real property and for the public welfare. 10. Term. This Declaration is to 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. 11. 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, Applicant(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. 12. 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. 13. Authorization for Miami Gardens to Withhold Permits and Inspections. In the 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. 14. 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 the Application 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 Page 155 of 205 Page 4 of 6 upon the request to approve, disapprove or approve with conditions such request. 15. 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. 16. Recording. The City, at Applicant's expense upon approval of the Application by the City of Miami Gardens, shall file this Declaration of Restrictions in the Public Records of Miami-Dade County, Florida. 17. Acceptance of Declaration. The Applicant acknowledge that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the 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. 18. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. 19. 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. 20. 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. 21. Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter Page 156 of 205 Page 5 of 6 hereof. This Agreement and exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 22. 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 157 of 205 Page 6 of 6 IN WITNESS WHEREOF, Applicant has executed this Dedication. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ AMERICAN TOWER CORPORATION _______________________ 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 Mayor Shirley S. 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