HomeMy WebLinkAbout2022-045-3758_-_MPH_Club_Auto_Sales_Special_Exception_Approval_-_AdoptedRESOLUTION NO. 2022-045-3758
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE SPECIAL
EXCEPTION APPLICATION FOR THAT CERTAIN PROPERTY
LOCATED AT 2001 NW 167TH STREET, MORE
PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED
HERETO, PERMITTING A VEHICLE SALES BUSINESS;
WAIVING THE MAXIMUM NUMBER OF ALLOWABLE RENTAL
VEHICLES TO BE LOCATED ON-SITE AND THE
REQUIREMENT FOR EMPLOYEE PARKING TO BE LOCATED
IN THE REAR OF THE BUSINESS AS SET FORTH IN SECTION
34-288 OF THE CITY OF MIAMI GARDENS CODE OF
ORDINANCES; GRANTING A VARIANCE TO REDUCE THE
NUMBER OF REQUIRED PARKING FROM TWENTY-EIGHT (28)
SPACES TO FOURTEEN (14) SPACES, AS REQUIRED BY
SECTION 34-381 OF THE CITY OF MIAMI GARDENS CODE OF
ORDINANCES; CONDITIONING THIS REQUEST ON THAT
CERTAIN DECLARATION OF RESTRICTIONS ATTACHED
HERETO AS EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 2001 NW 167th Street (“Subject Property”)
currently has a zoning designation for Planned Corridor Development (“PCD”) and a land
use designation for “Commerce” as per the City of Miami Gardens Comprehensive
Development Master Plan, and
WHEREAS, MPH Club Auto Sales, LLC, (“Applicant”) is seeking Special Exception
approval to operate a Vehicle Sales business on the Subject Property in addition to
providing Vehicle Rental service within the 15,053 sq. ft. building, and
WHEREAS, Section 34-288 of the City of Miami Gardens Code of Ordinance
provides that vehicle sales be conducted solely from a standalone building on an
individually platted lot, and
WHEREAS, the existing building is attached to an adjacent structure and is not
stand alone the Applicant is requesting a waiver of this requirement, and
WHEREAS, the applicant is requesting a waiver (1) of the maximum number of
allowable rental vehicles to be located on-site where the maximum allowed by Code is 10
(ten) vehicles and (2) of the requirement for employee parking to be located at the rear of
the business, and
WHEREAS, the Applicant is also requesting a variance to reduce the number of
required parking from twenty-eight (28) spaces, as required by Section 34-381 of the City
of Miami Gardens Code of Ordinances, to fourteen (14) spaces, and
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Resolution No. 2022-045-3758
WHEREAS, the City Council considered the testimony of the Applicant, if any, and
the Staff Report attached hereto as Exhibit “B” and incorporated by reference, and
WHEREAS, City Staff recommends the City Council approve the Special
Exception application, waivers, and variance and accept that certain Declaration of
Restrictions attached hereto as Exhibit “C”,
NOW, THEREFORE, BE IT RESOLVED 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 Resolution.
Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby approves the Special Exception application for that certain property located at
2001 NW 167th Street, more particularly described on Exhibit “A” attached hereto,
permitting a Vehicle Sales business. The City Council also hereby waives the maximum
number of allowable rental vehicles to be located on-site and the requirement for
employee parking to be located in the rear of the business as set forth in Section 34-288
of the City of Miami Gardens Code of Ordinances. Further, the City Council hereby grants
a variance to reduce the number of required parking from twenty-eight (28) spaces to
fourteen (14) spaces, as required by Section 34-381 of the City of Miami Gardens Code
of Ordinances. This approval is conditioned upon that certain Declaration of Restrictions
attached hereto as Exhibit “C.”
Section 3: EFFECTIVE DATE: This Resolution shall take effect immediately upon
its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON APRIL 13, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
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Resolution No. 2022-045-3758
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Vice Mayor Leon
Seconded by: Councilwoman Julien
VOTE: 7-0
Mayor Harris Yes
Vice Mayor Leon Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
DocuSign Envelope ID: 46D67962-7309-4ADB-A4E4-C0E1B13B3EE8
City of Miami Gardens
Agenda Cover Memo
Meeting: City Council - Apr 13 2022
22-047
Department
Planning & Zoning Department
Sponsored By
City Manager
Agenda Item Title
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA, APPROVING THE SPECIAL EXCEPTION APPLICATION FOR THAT
CERTAIN MORE STREET, 167TH NW AT LOCATED PROPERTY 2001
PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO, PERMITTING
A MAXIMUM OF NUMBER THE BUSINESS; SALES VEHICLE WAIVING
ALLOWABLE RENTAL VEHICLES TO BE LOCATED ON-SITE AND THE
REQUIREMENT FOR EMPLOYEE PARKING TO BE LOCATED IN THE REAR OF
THE BUSINESS AS SET FORTH IN SECTION 34-288 OF THE CITY OF MIAMI
GARDENS CODE OF ORDINANCES; GRANTING A VARIANCE TO REDUCE THE
NUMBER OF REQUIRED PARKING FROM TWENTY-EIGHT (28) SPACES TO
FOURTEEN (14) SPACES, AS REQUIRED BY SECTION 34-381 OF THE CITY OF
MIAMI GARDENS CODE OF ORDINANCES; CONDITIONING THIS REQUEST ON
THAT CERTAIN DECLARATION OF RESTRICTIONS ATTACHED HERETO AS
EXHIBIT “C”; GRANT PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary
The subject property is an existing one-story commercial structure located on a 0.6 acre parcel along
the Palmetto Expressway at 2001 NW 167th Street as outlined in 'Exhibit A' of the attached. The
zoning designation is “PCD, Planned Corridor Development” and the land use designation is
“Commerce” as per the City of Miami Gardens Comprehensive Development Master Plan.
The applicant, MPH Club Auto Sales, LLC is seeking Special Exception approval to operate a Vehicle Sales
business at the site in addition to providing Vehicle Rental service within the 15,053 sq. ft. building. The
City Code of Ordinances requires sales of used vehicles be approved via a Special Exception as outlined
in Section 34-287. - Use Regulations, Generally. In addition, Section 34-288. Uses Permitted With Extra
Requirements, provides that vehicle sales be conducted solely from a standalone building on an
individually platted lot. As the existing building is attached to an adjacent structure and is not a
standalone the applicant is requesting a waiver of this requirement.
The applicant is also requesting the following additional variances and waivers be granted as it pertains
to the requirements for the Vehicle Rental portion of the business:
• A waiver of the maximum number of allowable rental vehicles to be located on-site where the
maximum allowed by code is 10 (ten) vehicles
• A waiver of the requirement for employee parking to be located in the rear of the business
• A parking variance to reduce the number of required parking from the required 28 spaces down
to 14 spaces.
Due to the constraints of the site, it is recommended the City Council approve the Special Exception
application, along with the petition for a waiver of the aforementioned extra requirements and allow a
variance from the number of required parking spaces as outlined in Section 34-381. - Number of
Required Off-Street Parking Space Requirements for All Districts.
As part of the application, the applicant has profferred a Declaration of Restrictive Covenant committing
to providing on-site security and ensuring all vehicles are displayed within the enclosed building. In
addition, the applicant will be required to connect to the Real Time Crime Center Safecam program and
to obtain the proper building permits, landscape plan approvals and Certificate of Use prior to
occupying the business.
Fiscal Impact
There is no fiscal impact to the budget.
Recommended Action
It is recommended the City Council approve the Special Exception use along with the
requested variances and waivers for the MPH Club Auto Sales, LLC site.
Attachments
Resolution 2022 - MPH Club Auto Sales Special Exception Approval
Exhibit A - Survey and Legal Description (MPH Club Auto Sales)
EXHIBIT B - Staff Report (MPH Club Auto Sales)
EXHIBIT C - MPH Auto Club Declaration of Restrictions
EXHIBIT A
SURVEY & LEGAL DESCRIPTION
Folio Number
34-2110-001-4940
Legal Description
Lots 11 less the south 100 feet and a portion of Lot 12, less the south 100 feet thereof in Block 16 of
Sunny Isles Inland, according to the plat thereof as recorded in Plat Book 44, at Page 69 of the Public
Records of Miami-Dade County, Florida.
MPH Club Auto Sales Special Exception PZ-2022-004359 EXHIBIT B
STAFF RECOMMENDATION
MPH Club Auto Sales Special Exception PZ-2022-004359 STAFF RECOMMENDATION
PZ-2022-004359 APPLICATION INFORMATION
Applicant: Hope Calhoun on behalf of MPH Club Auto Sales, LLC Property Location: 2001 NW 167th Street Folio Number: 34-2110-001-4940 Property Size: 0.6 acres
Building Size: 15,053 sq. ft.
Future Land Use: Commerce Existing Zoning: PCD, Planned Corridor Development Requested Action(s): Special Exception approval to permit Used Vehicle Sales; Variance to reduce the number of required parking spaces from 28 to 14;
Waiver of the requirement that Vehicle Sales take place in a
standalone building on an individually platted lot; Waiver of maximum number of allowable rental vehicles to be located on-site where the maximum allowed by code is 10 (ten) vehicles; Waiver of the requirement for employee parking to be located at the rear of a
Vehicle Rental business.
RECOMMENDATION:
It is recommended the City Council approve the Special Exception application for MPH Club Auto Sales,
LLC to permit Used Vehicle Sales along with the requested variances and waivers for the property located
at 2001 NW 167th Street. REVIEW AND ANALYSIS:
Project Summary/Background
The subject property is an existing one-story commercial structure located on a 0.6 acre parcel along the
Palmetto Expressway at 2001 NW 167th Street as outlined in 'Exhibit A' of the attached. The zoning
designation is “PCD, Planned Corridor Development” and the land use designation is “Commerce” as per
the City of Miami Gardens Comprehensive Development Master Plan.
The applicant, MPH Club Auto Sales, LLC is seeking Special Exception approval to operate a Vehicle Sales
business at the site in addition to providing Vehicle Rental service within the 15,053 sq. ft. building. The
City Code of Ordinances requires sales of used vehicles be approved via a Special Exception as outlined
in Section 34-287. - Use Regulations, Generally. In addition, Section 34-288. Uses Permitted With Extra
Requirements, provides that vehicle sales be conducted solely from a standalone building on an
individually platted lot. As the existing building is attached to an adjacent structure and is not a
standalone the applicant is requesting a waiver of this requirement.
The applicant is also requesting the following additional variances and waivers be granted as it pertains
to the requirements for the Vehicle Rental portion of the business:
MPH Club Auto Sales Special Exception PZ-2022-004359
• A waiver of the maximum number of allowable rental vehicles to be located on-site where the
maximum allowed by code is 10 (ten) vehicles
• A waiver of the requirement for employee parking to be located in the rear of the business
• A parking variance to reduce the number of required parking from the required 28 spaces down
to 14 spaces.
Due to the constraints of the site, it is recommended the City Council approve the Special Exception
application, along with the petition for a waiver of the aforementioned extra requirements and allow a
variance from the number of required parking spaces as outlined in Section 34-381. - Number of
Required Off-Street Parking Space Requirements for All Districts.
Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Site Commerce PCD, Planned Corridor
Development
Commercial
North Neighborhood R-1, Single Family Single Family Residential
South Neighborhood R-1, Single Family Single Family Residential
East Commerce PCD, Planned Corridor
Development Commercial
West Commerce PCD, Planned Corridor
Development Commercial
Zoning Review and Analysis
The City Council may grant or deny approval of a Special Exception use request as set forth in Section
34-48(g) of the City’s Zoning and Land Development Code:
(g) Criteria for granting of special exception use approval. To authorize any special exception use, the
zoning appeals board shall find all of the following:
(1) The special exception use will be consistent with the city’s comprehensive development
master plan;
(2) The special exception use will be in harmony with the general character of the
neighborhood considering population density, design, scale and bulk of any proposed new
structures, intensity and character of activity, traffic and parking conditions, and number
of similar uses;
(3) The special exception use will not be detrimental to the use, peaceful enjoyment, economic
value, or development of surrounding properties or the general neighborhood; and will
cause no objectionable noise, vibrations, fumes, odors, dust, glare, electrical interference,
or physical activity;
MPH Club Auto Sales Special Exception PZ-2022-004359 (4) The special exception use will have no detrimental effect on vehicular or pedestrian
circulation and flow within the vicinity of the use. The special exception will not adversely
affect the health, safety, security, morals, or general welfare of residents, visitors, or
workers in the area;
(5) The special exception will not, in conjunction with existing and proposed development in
the area and development permitted under existing zoning, overburden existing public
services and facilities, including schools, parks, police and fire protection, water, sanitary
sewer, public roads, storm water drainage, and other public improvements and services;
(6) That the special exception use otherwise meets the definition standards set forth
elsewhere in this chapter for such particular use; and
(7) That development, use and operation of the site will be in compliance with all applicable
code regulations, development standards and any additional standards imposed by the
city council or zoning appeals board with the intent of protecting adjacent properties and
preserving neighborhood character.
The proposed Special Exception request was analyzed for the criteria set forth above:
1. The proposed vehicle sales and rentals use is in harmony with the future land use for this area,
which is reserved for commerce as outlined in the city’s comprehensive development master plan.
2. The proposed use is located along the Palmetto Expressway and is in harmony with the general
character of other businesses within the area which includes, retail, commercial uses and
automotive uses. The site previously operated as an automotive repair use and as the existing
structure will remain there will not be any additional density, bulk or intensity added to the site.
3. The vehicle sales and rentals will operate from an indoor showroom. Therefore, there are no
anticipated impacts to the peaceful enjoyment of the surrounding neighborhoods. The use will
not cause any objectionable noise, vibrations, fumes, odors, dust or glare.
4. The special exception use is low intensity and is not anticipated to have any detrimental effect on
vehicular or pedestrian circulation and flow within the vicinity of the use. The special exception
will not adversely affect the health, safety, security, morals, or general welfare of residents,
visitors, or workers in the area.
5. The proposed use has no impact on school and park services. The structure is already existing with
access to water, sewer, fire services, storm water management and other public services.
Therefore, there will be no overburdening of the existing infrastructure.
6. Due to site constraints, the proposed use will not otherwise meet the standards set forth in the
Code of Ordinances as it pertains to Vehicle Sales and Rentals additional requirements. As such,
the applicant is also requesting variances and waivers of certain requirements as outlined in
Section 34-47. - Granting of variances and waivers.
o A variance to reduce the number of required parking spaces from 28 to 14
o A waiver of the requirement that Vehicle Sales take place in a standalone building on an
individually platted lot
MPH Club Auto Sales Special Exception PZ-2022-004359
o A waiver of maximum number of allowable rental vehicles to be located on-site where
the maximum allowed by code is 10 (ten) vehicles
o A aiver of the requirement for employee parking to be located at the rear of a Vehicle
Rental business.
Staff supports the granting of the above referenced variances and waivers based on the following
assessment:
i. The site is an existing structure with a zero lot line; as such, it shares a wall with the
adjacent property owner. In addition, the site has a rear setback of 19 feet which is
insufficient room to establish a parking lot in the rear as required by the Code for
vehicle rentals. These topographical conditions create a hardship which prevents the
applicant from complying with the standards for vehicle sales and rentals as outlined
in Section 34-288. (45)(47) - Uses permitted with extra requirements of the Code of
Ordinances:
(45) Vehicle sales - Retail, new automobiles, used automobiles. a. Retail vehicle sales shall only be conducted from standalone buildings whereby the
dealership is the single tenant on an individually platted lot.
(47) Rental – Automobile only. Permitted subject to the following conditions & limitations:
a. No fueling, vehicle service or car wash facilities or activities permitted on the site.
b. There shall be no automobile storage other than the interim, incidental and customary
parking of the rental cars. No more than ten rental vehicles shall be located on the site.
c. Employee and rental car parking shall be provided at the rear of the property.
d. Parking spaces for rental cars shall be provided in addition to the required parking for
the business.
e. No outdoor speakers shall be permitted.
ii. The request for the variance is based on the uniqueness of the parcel in that it is a
corner lot with zero lot lines and shared walls with a limited rear setback. These site
conditions would not be generally applicable to other auto-oriented properties along
the Palmetto Expressway.
iii. Other than the requested variances and waivers, the use is otherwise a permitted use
and consistent with the City Code of Ordinances.
iv. The granting of the subject variances and waivers is not expected to be detrimental
to the public welfare or injurious to other properties or improvements within the
vicinity.
v. The granting of the subject variances and waivers poses no danger to the public.
Landscaping and façade improvements are expected to increase – not diminish –
property values.
vi. The granting of the subject variances and waivers is considered the minimum
required that will make reasonable use of the site as a Vehicle Sales and Rentals
business.
vii. The granting of the request is in keeping with the general intent and purpose of the
land development regulations and the comprehensive plan.
viii. Non-conforming lots or structures were not considered as grounds for the
authorization of these variances and waivers.
ix. Financial hardship was not considered as a reason to grant the subject variances and
waivers
MPH Club Auto Sales Special Exception PZ-2022-004359 7. Assuming the requested variances and waivers are granted, the site will be generally in compliance
with all applicable code regulations, development standards, and any additional standards.
Consistency with City of Miami Gardens Comprehensive Development Master Plan
The subject property is designates as “Commerce” in the Comprehensive Development Master Plan. The
Commerce land use category is intended for planned urban commercial, urban industrial, urban cultural
and economic hubs. Commerce areas include existing and planned activity centers that are primarily
located along the City’s major arterial roadway corridors.
The subject property is consistent with the following CDMP Goals, Objectives and Policies:
Policy 1.3.1 Commerce areas shall provide for a wide variety of uses that range from major
educational institutions, civic and governmental centers to major retail services
as well as single purpose industrial areas.
Policy 1.3.2 Within the context of this plan element, Commercial and Office generally means
retail sales and services whereby goods and services are provided. Offices and
other activities including but not limited to restaurants and as well as automobile-
oriented activities are also included.
Policy 1.5.3 The Palmetto Expressway or State Road 826 represents a gateway for Miami
Gardens. The gateway begins at the Golden Glades Interchange. Large scale retail
outlets dot the roadway as well as two large industrial parks and two private
universities. Traffic counts are very high. Visibility and access are excellent. The
City supports major beautification of the City’s segment of the Palmetto
Expressway. Key areas of focus for the Palmetto Expressway include continued
growth, expansion and redevelopment of high-visibility retail, office, commercial
and institutional uses along the corridor that serve as economic generators for the
City.
Policy 2.6.4 Development in commercial and industrial areas shall be designed to have
minimal or no adverse impact on adjacent neighborhoods and priority will be
given to uses that have the greatest positive impact on the City’s tax base and
provide good paying, value added jobs with a future to the community.
Conclusion:
The City’s Land Development Regulations allows for the review of a Special Exception use on a case-by-
case basis. Staff has made a determination that in this case, the applicant satisfies the criteria for the
granting of a Special Exception use as outlined in Chapter 34, Special Exception Uses, Section 34-48(g). In
addition, the proposed Special Exception use is found to be generally consistent with Goals, Objectives
and Policies of the Comprehensive Development Master Plan as outlined above. The requested variances
and waivers have also been analyzed based on Section of the Code of Ordinance. Staff have determined
that the criteria have been met and recommend approval of the Special Exception along with the subject
variances and waivers.
Anticipated Facilities Impact
General: The site has an existing building and is not expected to have impacts on the existing infrastructure.
Any unforeseen impacts shall be evaluated by the City and appropriate State, County and local agencies at
the plan review and permitting phase.
MPH Club Auto Sales Special Exception PZ-2022-004359 Public Notification/Comments
Public notification of the application is in accordance with Section 34-46. - Applications to the Zoning
Appeals Board of the City’s Land Development Regulations.
Attachments
Attachment A - Location Map
Attachment B - Proposed Floorplan
Attachment C - Proposed Site Plan
Attachment D – Proposed Elevation
MPH Club Auto Sales Special Exception PZ-2022-004359
Attachment A
LOCATION MAP
MPH Club Auto Sales Special Exception PZ-2022-004359 Attachment B
PROPOSED FLOORPLAN
MPH Club Auto Sales Special Exception PZ-2022-004359 Attachment C
PROPOSED SITE PLAN
MPH Club Auto Sales Special Exception PZ-2022-004359 Attachment D
PROPOSED ELEVATION
Return to: (enclose self-addressed stamped envelope)
Name: Mario Bataille, City Clerk 18605 NW 27th Avenue Miami Gardens, Florida 33056
This Instrument Prepared by: Sonja K. Dickens, Esquire City Attorney 18605 NW 27th Avenue Miami Gardens, Florida 33056
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, MPH CLUB AUTO SALES LLC ("Applicant"), operates a business
located at 2001 NW 167th Street ("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 permit Vehicle Sales and Vehicle Rentals.
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. Operations. Vehicles for sale or rent shall only be stored and displayed within
an enclosed building.
2. Real-Time Crime Center. The applicant is required to connect to the City of
Miami Gardens’ Real Time Crime Center Safecam program prior to the issuance
of a Certificate of Use.
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3. On-site Security. The applicant shall provide on-site security 24-hours a day to ensure vehicles are properly secured at all times and there are no negative impacts to surrounding property owners. 4. Certificate of Use and Occupancy. a. That the Owner shall apply for and obtain a Certificate of Use (CU) from the City prior to the establishment of the use; b. That the Owner shall apply for the appropriate building permits to include landscape plan approval and shall obtain a Certificate of Occupancy (CO) prior to the establishment of the use; 5. 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. 6. Covenant Running With The Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, 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. 7. 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.
8. 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.
3
9. 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. 10. 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.
(SIGNATURE PAGE TO FOLLOW)
4
IN WITNESS WHEREOF, Owner has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ______________ ________________________ 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 Rodney Harris
Date:___________________________