Loading...
HomeMy WebLinkAbout2021-008-438_-_New_Generation_Rezoning_NC,_Neighborhood_Commercial_to_R-1,_Single_Family_ResidentialORDINANCE NO. 2021-008-438 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE REZONING OF THAT CERTAIN PROPERTY LOCATED AT 2155 NW 155TH STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT “A” ATTACHED HERETO, FROM NEIGHBORHOOD COMMERCIAL TO SINGLE FAMILY DWELLING RESIDENTIAL; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, property approximately located at 2155 NW 155th Street (“subject property”) consists of five (5) vacant lots totaling just over a half-acre in size with each lot being the size of a standard single-family lot, as shown in Exhibit “A”, and WHEREAS, the subject property is currently zoned Neighborhood Commercial (“NC”) which is a commercial zoning category that does not permit any residential uses, however, the property owner wishes to use the lots to construct single-family homes on each site, and WHEREAS, a rezoning from NC to Single Family Dwelling Residential (“R-1”) is necessary to have the proper zoning in place to develop single-family homes, and WHEREAS, the rezoning request is deemed to be generally consistent with the Goals, Objectives, and Policies of the City of Miami Gardens Comprehensive Development Master Plan (“CMDP”), and satisfies the criteria for the granting of amendments or adoption of changes to the text of the Land Development Regulations (“LDR”) or change of the actual official zoning map designation of a parcel or parcels, further described in Exhibit “B”, and WHEREAS, rezoning of the property from NC to R-1 is considered to be an appropriate zoning designation, and WHEREAS, the City Council considered the testimony of the Applicant, if any, and the Staff Report attached hereto as Exhibit “B” and incorporated by reference, and WHEREAS, City Staff recommends the City Council approve of the Ordinance rezoning the subject property from NC to R-1, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: DocuSign Envelope ID: 26B747CC-E35A-4298-B22A-203FAA1887FD Page 2 of 3 Ordinance No. 2021-008-438 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 2155 NW 155th Street in Miami Gardens, Florida, more particularly described in Exhibit “A” attached hereto, from Neighborhood Commercial to Single Family Dwelling Residential. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 27TH DAY OF OCTOBER 2021. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON NOVEMBER 10, 2021. ________________________________ RODNEY HARRIS, MAYOR ATTEST: ________________________________ MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY DocuSign Envelope ID: 26B747CC-E35A-4298-B22A-203FAA1887FD Page 3 of 3 Ordinance No. 2021-008-438 SPONSORED BY: CAMERON BENSON, CITY MANAGER Moved by: Councilman Stephens Seconded by: Councilwoman Julien VOTE: 3-1 Mayor Harris Yes Vice Mayor Leon Absent Councilwoman Campbell Absent Councilwoman Ighodaro Absent Councilwoman Julien Yes Councilman Stephens, III Yes Councilwoman Wilson No DocuSign Envelope ID: 26B747CC-E35A-4298-B22A-203FAA1887FD