HomeMy WebLinkAbout2022-055-3768_-_Calder_Special_Exception_-_Adopted_-_PdfRESOLUTION NO. 2022-055-3768
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, APPROVING THE SPECIAL
EXCEPTION APPLICATION SUBMITTED BY ALAN KRISCHER
ON A INC. COURSE, FOR CALDER OF BEHALF RACE
PORTION OF THAT CERTAIN PROPERTY LOCATED AT 21001
NW 27TH AVENUE, MORE PARTICULARLY DESCRIBED IN
EXHIBIT “A” ATTACHED HERETO, TO PERMIT WAREHOUSE,
DISTRIBUTION, LIGHT PRODUCTION, LIGHT ASSEMBLY,
LABORATORY, RADIO AND TV STUDIO, MUSIC PRODUCTION
AND MOVIE STUDIO USE SUBJECT TO CERTAIN
CONDITIONS; ACCEPTING AND APPROVING THAT CERTAIN
DECLARATION OF RESTRICTIONS, A COPY OF WHICH IS
ATTACHED HERETO AS EXHIBIT “C” AND “D”; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Alan Krischer on behalf of Calder Race Course, Inc. (“Applicant”) has
filed an application for special exception approval to permit warehouse, distribution, light
production, light assembly, laboratory, radio and tv production and movie studio use on
the property located at 21001 NW 27th avenue (“subject property”), which is currently
zoned Entertainment Overlay (“EO”), and
WHEREAS, Calder Casino, has been operating as a horse racing track with
stables and a casino for the past several decades on the property, and
WHEREAS, changes to the state wagering laws have enabled Calder Casino to
separate its casino operations such as slot machines and card rooms from its live horse
racing operations, and
WHEREAS, Calder Casino now wants to redevelop approximately 115.7 acres of
land and transform it from horse a racing track to a Class A warehouse and distribution
center, and
WHEREAS, to come into compliance with the City Code of Ordinances and
legalize the use, the Applicant must obtain Special Exception approval for Warehouse,
Distribution, Light Production and Light Assembly uses within the Entertainment Overlay
district pursuant to Section 34-48(g) of the City Code of Ordinances, and
WHEREAS, as part of the application, the Applicant has proferred a Declaration of
Restrictions, a copy of which is attached hereto as Exhibit “C”, and
WHEREAS, as part of the application the Applicant has proferred a Declaration of
Restrictive Covenant for the remainder parcel, a copy of which is attached hereto as
Exhibit “D”, and
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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 for Warehouse, Distribution, Light Production and Light Assembly
uses at the subject property,
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
21001 NW 27th avenue, more particularly described in Exhibit “A” attached hereto,
permitting Warehouse, Distribution, Light Production and Light Assembly uses. This
approval is subject to the Declaration of Restrictive Covenant attached hereto as Exhibit
“C” and “D”, respectively.
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 27, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: CAMERON BENSON, CITY MANAGER
Moved by: Councilman Stephens
Seconded by: Councilwoman Campbell
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VOTE: 6-0
Mayor Harris Yes
Vice Mayor Leon Absent
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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EXECUTION VERSION
35
ACTIVE 61208791v10
EXHIBIT “A”
LEGAL DESCRIPTION OF THE TRANSFERRED PROPERTY
A PARCEL OF LAND BEING A PORTION OF TRACT “A”, CALDER RACE COURSE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 168, PAGE 57 OF
THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERNMOST NORTHWEST CORNER OF SAID TRACT
“A”;
THENCE NORTH 88°18’38” EAST, A DISTANCE OF 3,244.93 FEET, TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE EASTERLY, SOUTHEASTERLY, AND SOUTHERLY ALONG THE ARC OF SAID
CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 89°47’37” AND A RADIUS OF
50.00 FEET FOR AN ARC DISTANCE OF 78.36 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°53’45” EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED
CURVE, A DISTANCE OF 10.54 FEET;
THENCE NORTH 88°06’15” EAST, A DISTANCE OF 110.00 FEET (L1) TO A POINT ON
THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, A RADIAL
LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH
88°06’19” WEST;
THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 95°22’55” AND A
RADIUS OF 50.00 FEET FOR AN ARC DISTANCE OF 83.24 FEET TO A POINT OF
TANGENCY;
THENCE SOUTH 86°30’50” EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED
CURVE, A DISTANCE OF 37.08 FEET. THE PREVIOUS SIX (6) COURSES BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT “A”;
THENCE SOUTH 01°58’52” EAST, A DISTANCE OF 1,320.15 FEET;
THENCE SOUTH 88°04’14” WEST, A DISTANCE OF 203.15 FEET (L2);
THENCE SOUTH 01°54’47” EAST, A DISTANCE OF 65.86 FEET (L3);
THENCE SOUTH 87°13’00” WEST, A DISTANCE OF 1,322.66 FEET;
THENCE SOUTH 01°49’51” EAST, A DISTANCE OF 660.23 FEET;
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EXECUTION VERSION
36
ACTIVE 61208791v10
THENCE SOUTH 87°12’37” WEST, A DISTANCE OF 696.78 FEET, THE LAST THREE (3)
DESCRIBED COURSES LYING ALONG THE BOUNDARY OF SAID TRACT “A”;
THENCE NORTH 01°49’51” WEST, A DISTANCE OF 999.18 FEET;
THENCE NORTH 89°19’30” WEST, A DISTANCE OF 1,383.39 FEET;
THENCE NORTH 01°14’25” WEST, A DISTANCE OF 746.79 FEET;
THENCE NORTH 31°54’47” EAST, A DISTANCE OF 173.50 FEET (L4);
THENCE NORTH 01°41’22” WEST, A DISTANCE OF 151.52 FEET (L5) TO A POINT ON
THE NORTH LINE OF SAID TRACT “A” AND THE POINT OF BEGINNING, THE LAST
TWO (2) DESCRIBED COURSES LYING ALONG A WEST BOUNDARY OF SAID TRACT
“A”.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI
GARDENS, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING
5,039,891.40 SQUARE FEET, 115.7000 ACRES, MORE OR LESS.
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NW 215TH STREET(STATE ROAD NO. 852)(COUNTY LINE ROA
D
)NW 27TH AVENUECANALN88°18'38"E 3244.93'CANALS01°53'45"E 10.54'
N88°06'15"E 110.00'
S86°30'50"E 37.08'
R=50.00'
CA=89°47'37"
A=78.36'R=50.00'
CA=95°22'55"
A=83.24'
S01°54'47"E 65.86'S88°04'14"W
203.15'S01°58'52"E1320.15'S87°13'00"W 1322.66'S01°49'51"E 660.23'S87°12'37"W 696.78'
POINT OF BEGINNING
N01°49'51"W 999.18'N89°19'30"W 1383.39'N01°14'25"W 746.79'N31°54'47"E 173.50'
N01°41'22"W
151.52'
NW 208TH TERRACE
NW 25TH AVENUENW 23RD AVENUENW 22NDAVENUEBROWARD COUNTY
MIAMI-DADE COUNTY
ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
BYREVISIONSNO.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
VICINITY MAP
NOTES:
LEGAL DESCRIPTION:
SHEET 1 OF 8
.
¨
¨
¨
¨
CERTIFICATION:Page 6 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
N01°41'22"W151.52'N31°54'47"E 173.50'N88°18'38"E 3244.93'(TOTAL)
NW 215TH STREET
(COUNTY LINE ROAD)N01°14'25"W 746.79'(TOTAL)POINT OF BEGINNING
BROWARD COUNTY
MIAMI-DADE COUNTY
(STATE ROAD NO. 852)
ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE
COUNTY)
SHEET 2 OF 8
GRAPHIC SCALE MATCH LINESEE SHEET 3MATCH LINE
SEE SHEET 5
KEY MAP
CL
LEGENDPage 7 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
N88°18'38"E 3244.93'(TOTAL)
NW 215TH STREET
(COUNTY LINE ROAD)
BROWARD COUNTY
MIAMI-DADE COUNTY
(STATE ROAD NO. 852)
ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
SHEET 3 OF 8
GRAPHIC SCALE MATCH LINESEE SHEET 4MATCH LINE
SEE SHEET 6MATCH LINESEE SHEET 2KEY MAP
CL
LEGENDPage 8 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
S01°53'45"E
10.54'N88°06'15"E
110.00'
S86°30'50"E
37.08'
R=50.00'
CA=89°47'37"
A=78.36'
R=50.00'
CA=95°22'55"
A=83.24'
N88°18'38"E 3244.93'(TOTAL)
NW 215TH STREET
(COUNTY LINE ROAD)
ONE STORY BUILDING
ONE STORY BUILDING
ONE STORY BUILDINGONE STORYBUILDINGONE STORY BUILDING
HORSE STALLSHORSE STALLSHORSE STALLSHORSE STALLSONE STORY
BUILDING
BROWARD COUNTY
MIAMI-DADE COUNTY
(STATE ROAD NO. 852)
S01°25'48"E
52.47'N01°58'52"W 1320.15'(TOTAL)ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
SHEET 4 OF 8
GRAPHIC SCALEMATCH LINESEE SHEET 3MATCH LINE
SEE SHEET 7
KEY MAP
CL
LEGENDPage 9 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
N01°14'25"W 746.79'(TOTAL)N89°19'30"W 1383.39'(TOTAL)N01°14'25"W 746.79'(TOTAL)TWO STORY
BUILDING
ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
SHEET 5 OF 8
GRAPHIC SCALE MATCH LINESEE SHEET 6MATCH LINE
SEE SHEET 2
KEY MAP
CL
LEGENDPage 10 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
N89°19'30"W 1383.39'(TOTAL)
N01°49'51"W
999.18'(TOTAL)
ONE STORY BUILDING
ONE STORY
BUILDING
ONE STORY BUILDING
ONE STORY BUILDING
ONE STORY BUILDING
ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
SHEET 6 OF 8
GRAPHIC SCALE MATCH LINESEE SHEET 7MATCH LINE
SEE SHEET 8MATCH LINESEE SHEET 5MATCH LINE
SEE SHEET 3
KEY MAP
CL
LEGENDPage 11 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
S01°54'47"E
65.86'
S88°04'14"W 203.15'
S87°13'00"W 1322.66'(TOTAL)
TWO STORY BUILDING
HORSE STALLS
HORSE STALLS
HORSE STALLS
HORSE STALLS
HORSE STALLS
HORSE STALLS HORSE STALLSHORSE STALLSHORSE STALLSHORSE STALLSONE STORY
BUILDING
N01°58'52"W 1320.15'(TOTAL)ORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
SHEET 7 OF 8
GRAPHIC SCALE
MATCH LINE
SEE SHEET 4
MATCH LINESEE SHEET 6MATCH LINESEE SHEET 8KEY MAP
CL
LEGEND
Page 12 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
S01°49'51"E 660.23'S87°13'00"W 1322.66'(TOTAL)
S87°12'37"W 696.78'N01°49'51"W 999.18'(TOTAL)999.18'(TOTAL)NW 22ND AVENUEONE STORY BUILDING
ONE STORY
BUILDING
ONE STORY
BUILDING ONE STORY BUILDING
ONE STORY BUILDING
CLCLNW 208TH TERR
NW 23RDAVEORDER NO.: 69389
SUNRISE, FLORIDA 33351
5381 NOB HILL ROAD
FILE: B9 SECRETARIAT FL OWNER, LLC
SURVEY DATE: 12/27/21
SCALE: 1" = 40'DRAWN BY: L.H.
CHECKED BY: J.F.P.
NW 215TH STREET
MIAMI GARDENS, FLORIDA 33056
(CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY)
SHEET 8 OF 8
GRAPHIC SCALE
MATCH LINE
SEE SHEET 6
MATCH LINESEE SHEET 7KEY MAP
CL
LEGENDPage 13 of 49DocuSign Envelope ID: 2AA6D3A1-76B6-4457-B345-9A8C5140CA8B
CALDER Special Exception PZ-2022-004357
EXHIBIT B
STAFF RECOMMENDATION
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CALDER Special Exception PZ-2022-004357
STAFF RECOMMENDATION
PZ-2022-004357
APPLICATION INFORMATION
Applicant: Alan Krischer on behalf of Calder Race Course, Inc.
Property Location: Calder Casino - 21001 NW 27th Avenue Folio Number: Portion of 34-1134-014-0010 Property Size: 115.7 acres Future Land Use: Commerce
Existing Zoning: EO, Entertainment Overlay
Requested Action(s): Special Exception Approval to permit Warehouse, Distribution, Light Production, Light Assembly, Laboratory, Radio/TV Studio, Music Production and Movie Studio RECOMMENDATION:
It is recommended the City Council approve the Special Exception application to permit Warehouse,
Distribution, Light Production, Light Assembly, Laboratory, Radio/TV Studio, Music Production and Movie
Studio for a portion of the property located at 21001 NW 27th Avenue commonly known as Calder Casino.
REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics
Property Future Land Use
Designation Zoning Classification Existing Use
Site
Commerce
Preservation
(Stormwater Area)
EO – Entertainment Overlay
Horse Track
North Broward County Broward County Turnpike Extension
South Commerce
Neighborhood
GP - Government Property
Residential - R-25, R-15, R-1
Public School
Single Family & Multifamily
East Commerce
Preservation
(Stormwater Area)
AU - Agricultural
Warehouse/Distribution
West Commerce R-50 - Multiple Family Hotel
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CALDER Special Exception PZ-2022-004357
Project Summary/Background
The subject property, more commonly known as Calder Casino, is located at 21001 NW 27th Avenue and
is zoned EO – Entertainment Overlay. The site is designated as “Commerce” in the City of Miami Gardens
Comprehensive Development Master Plan with stormwater areas designated as “Preservation”. The
property serves as the gateway to the City when coming from the north at the Broward County line.
For decades the property has been operating as a horse racing track with stables and a casino. Recent
changes to the State wagering laws have enabled Calder to separate its casino operations - such as slot
machines and card rooms - from its live horse racing operations. This has opened the door to redevelop
the portion of the site formerly dedicated to the live horse racing operations. Calder Casino is now in
negotiations with Link Logistics to redevelop approximately 115.7 acres of land and transform it from
horse racing track to a Class A Warehouse and distribution center similar to the Eastgroup Gateway
Commerce Park project to the east of the site, and to the Bridge Point Commerce Center located at NW
47th Avenue and County Line Road.
The City's Code of Ordinances requires that Warehouse, Distribution, Light Production and Light Assembly
uses within the Entertainment Overlay district be approved by public hearing through a Special
Exception. As such, the applicant is requesting Special Exception approval for Warehouse, Distribution,
Light Production and Light Assembly, in addition to Special Exception approval for Laboratory, Radio/TV
Studio, Music Production and Movie Studio.
Pursuant to Section 34-48(g) of the City Code of Ordinances. Special Exception uses are deemed to be
generally unsuitable for location in such district, but may be permitted on a case-by-case basis after
review and possible attachment of conditions pursuant to the procedures and criteria set forth of
Section 34-48(g).
As part of the application, the applicant has profferred a Declaration of Restrictive Covenant committing
to providing a north-south public right-of-way access from County Line Road to the Lake Lucerne
community. The applicant will also erect a community entrance feature sign as part of the construction
of the new right-of-way at the developer’s expense as outlined in the Declaration.
In addition, the applicant has proferred a Declaration of Restrictive Covenant for the remainder parcel
that will be retained. As outlined in the Declaration, the remainder parcel to be retained will not be used
for the Special Exception uses outlined above but shall be developed in a manner that is in keeping with
the Recreation and Entertainment Uses envisioned along the NW 27th Avenue corridor such as lodging,
hotels, multifamily residential, retail, restaurants, bars, lounges, breweries, casino gaming facilities.
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;
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CALDER Special Exception PZ-2022-004357
(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;
(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 uses are consistent with the Goals, Objectives and Policies of the Commerce
designation of the City’s Comprehensive Development Master Plan as outlined below.
2. The proposed use is similar to adjacent facilities already established in the area such as the
Eastgroup Gateway Commerce Park. The use will be required to meet the Design Standards as
outlined in Section 34-288. - Uses Permitted with Extra Requirements of the code of Ordinances
as it pertains to building massing and articulation along with all landscape and buffering
requirements.
3. Section 34-288. - Uses Permitted with Extra Requirements requires that all activities take place
within a completely enclosed building. Accessory uses and structures such as smokestacks,
hoppers, silo and exhaust stacks are strictly prohibited. Day to day operations must not produce
noise, glare, smoke, odor or vibrations that are detectable from adjacent lots.
4. Through a Declaration of Restrictive Covenant the applicant is proposing to improve vehicular
flow and circulation within the vicinity by adding additional right of way to the existing road
network. In addition, a community entrance feature sign will be constructed as part of the new
roadway to the benefit of residents in the Lake Lucerne community and provide a sense of place
to visitors to the area.
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CALDER Special Exception PZ-2022-004357
5. As this is a commercial project there will not be any impacts to public school facilities. The road
system is expected to be improved with the proposed dedication of right-of-way as part of the
development process. Water, sewer and stormwater concurrency will be managed as part of
the building permit and will be required to meet the acceptable Level of Service standards prior
to the issuance of a building permit for new construction. The development will also be required
to connect the City’s Safecam program prior to the issuance of a Certificate of Occupancy (CO).
6. The Special Exception otherwise meets all the standards as set forth for the proposed uses.
7. The site will be 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 1.3.3 Within the context of this plan element, Urban Industrial generally means
manufacturing, wholesale and storage activities.
Policy 1.3.5 Future development and redevelopment in Commerce areas shall be shall be
designed to provide attractive urban places to live, work and shop.
Policy 1.3.6 Uses that are consistent with the Commerce land use category include mixed use
developments such as Urban Center, Urban Core and Golden Glades-Palmetto
Area, single use developments including Urban Commercial and Office, Urban
Industrial, residential development including Medium Density Residential,
Medium-High Density Residential, High Density Residential, and Very High Density
Residential plus Public and Semi-Public uses.
Policy 1.5.11 The City supports the redevelopment and infill of the Calder Casino site at
increased densities and intensities in order to incorporate additional
entertainment uses, provide mixed-use development, and create new
opportunities for retail and commercial uses.
Policy 2.1.3 Nonresidential Single Use. Performance criteria for non-residential single use
development districts shall be set forth in the City’s land development regulations
as follows: Urban Industrial designed to accommodate industrial, manufacturing
and storage activities located primarily in Commerce areas.
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Policy 2.4.2 Connectivity – Developments should be encouraged, and in some instances
required, to provide interconnected street grid networks to disperse traffic and
ease walking.
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.
Policy 2.9.5 The City shall require developers to provide for the following on-site infrastructure
improvements: water and wastewater systems, sidewalks, drainage and
stormwater management, open space, safe and convenient traffic circulation, and
parking.
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. As such, staff
recommendation is for approval of the Special Exception request.
Anticipated Facilities Impact
General: Impacts on infrastructure shall be evaluated by the City and appropriate State, County and local
agencies at the site plan and building permit phase.
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 – Calder Letter of Intent
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CALDER Special Exception PZ-2022-004357
Attachment A
LETTER OF INTENT
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CALDER Special Exception PZ-2022-004357
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CALDER Special Exception PZ-2022-004357
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EXHIBIT C
DECLARATION OF RESTRICTIONS
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Return to: (enclose self-addressed stamped envelope)
Name: Mario Bataille, City Clerk 18605 NW 27th Avenue Miami Gardens, Florida 33056
This Instrument Prepared by: Alan S. Krischer 701 Brickell Avenue Miami FL 33131
SPACE ABOVE THIS LINE FOR PROCESSING
DATA
SPACE ABOVE THIS LINE FOR PROCESSING
DATA
DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS ("Declaration") made this _____ of
____________________, 2022, by, CALDER RACE COURSE, INC., a Florida corporation
("Declarant”), which shall be for the benefit of CITY OF MIAMI GARDENS, FLORIDA, a
municipal corporation organized pursuant to the State of Florida (“City”).
WITNESSETH:
WHEREAS, Declarant owns certain property generally located east of NW 27 Avenue
and south of NW 215 Street, more particularly described on Exhibit "A" attached hereto (the
“Property”); and
WHEREAS, the Declarant filed an application with the City seeking approval for
special exceptions to permit, inter alia, a warehouse and distribution center on the Property
(“Application”); and
WHEREAS, in order to assure the City that the representations made by the
Declarant will be abided by, the Declarant, subject only to conditions contained herein,
freely, voluntarily and without duress, makes the following Declaration;
NOW, THEREFORE, in consideration of the foregoing premises and the covenants
herein contained, Declarant hereby declares that the Property shall be subject to the
covenants, restrictions, and regulations hereinafter set forth, all of which shall run with the
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land and which shall be binding upon all parties having any right, title or interest in the
Property or any part thereof, their heirs, successors and assigns.
1. Recitations. The recitals set forth above are true and correct and are incorporated into this Declaration by this reference. 2. Covenants. Declarant declares the following: a. Roadway (1) The design of any site plan for the Property shall include a north-south public right of way access connecting the Lake Lucerne community to County Line Road (“Roadway”). The design shall be in accordance with applicable engineering standards and subject to approval by applicable agencies with jurisdiction. The Declarant is not responsible for any costs other than the design and construction of the subject Roadway. (2) In the event that the City and the Declarant mutually agree for any reason that the Roadway cannot be constructed or caused as described above, or if the agencies with jurisdiction do not approve the Roadway design, then the Declarant shall be responsible to address project impacts through the payment to the City of a voluntary traffic mitigation payment in an amount equal to the estimated construction costs the Declarant would have incurred had the Roadway been constructed (the “Payment”). The payment shall be in lieu of and in full satisfaction of all other Roadway obligations of the owner under this Declaration, and, upon receipt of Payment, the City will execute a notice of satisfaction and termination of this paragraph 2.a. of the Declaration, substantially in the form attached as Exhibit “B.” b. Neighborhood Identification Sign. The Declarant, or its successors or assigns, shall construct or cause to be constructed at its cost, a monument sign or entrance feature sign identifying the Lake Lucerne community. The design and location shall meet the approval of the Planning and Zoning Director or designee in accordance with the sign standards as outlined in the City Code of Ordinances. c. 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. 3. Covenant Running With the Land. This Declaration shall constitute a covenant
running with the land and shall remain in full force and effect and be binding upon
the Declarant, and its 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 Property and for the public welfare.
4. Term. This Declaration is to run with the land and shall be binding on all parties and Page 25 of 49
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all persons claiming from the Effective Date. This Declaration shall be in effect for a period of thirty (30) years from the Effective Date, 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 Declarant(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. 5. Modification, Amendment, Release. This Declaration may be modified, amended or released as to the Property, 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. 6. Enforcement. Enforcement shall be by action against any parties or person
violating, or attempting to violate, any covenants contained herein. 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. 7. Authorization for City to Withhold Permits and Inspections. In the event the Declarant, its successors or assigns, violate any of the covenants and restrictions contained herein, Declarant hereby acknowledges and agrees that the City may
withhold further permits and approvals with respect to the Property, provided the City first provides Declarant, or its successors or assigns, with written notice and thirty (30) day opportunity to cure the violation. The City’s option to withhold further permits and approvals with respect to the Property shall not be exercised if within the thirty (30) day notice period: (i) the violation is cured by Declarant; or (ii) the violation
cannot reasonably be cured within that time period but the Declarant begins to cure such violation within such time period and thereafter diligently pursues such cure to completion. The City’s determination that the Declarant is not in compliance with this Declaration shall be subject to the procedures of Chapter 8, Code Enforcement, of the City’s Code of Ordinances.
8. Executed Copy to be provided to the City Clerk. The Declarant 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 Declarant from complying with this timeframe condition, the Declarant 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. 9. 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
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10. Recordation and Effective Date.
a. This Declaration shall not become effective ("Effective Date") until the later of (i) Final Approval and (ii) recordation amongst the Public Records of Miami-Dade County, Florida. As used herein, "Final Approval" shall mean final approval of the Special Exception Application, and the expiration of any
appeal periods applicable thereto without an appeal having been taken or, if
taken, when finally dismissed with no further appeal permitted. b. The City, at Declarant's expense following the approval of the same by the City, shall file this Declaration of record in the Public Records of Miami-Dade
County, Florida.
11. Acceptance of Declaration. Declarant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Declarant 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. 12. Declarant. The term Declarant shall include the Declarant, and its heirs, successors and assigns.
13. 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.
14. 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.
15. Entire Agreement. This Declaration and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Declaration and exhibits supersede any prior correspondence, memoranda or agreements in total hereto.
16. Counterparts. This Declaration 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.
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(SIGNATURE PAGE TO FOLLOW)
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IN WITNESS WHEREOF, the Declarant has executed this Declaration.
________________________ Witness Print Name:______________
________________________ Witness
Print Name:
Calder Race Course, Inc. By Richard Sukhu, President
________________________ Signature
_________________________ Date
STATE OF ) ) SS COUNTY OF _____________ ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, by Richard Sukhu, President of Calder Race Course, Inc., a Florida corporation, who is personally known to me or who has produced ________________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ________________, 2022.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
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ACCEPTANCE The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby
made by Calder Racecourse, Inc. CITY OF MIAMI GARDENS, FLORIDA Attest:
_________________________________ By:_____________________________ City Clerk Mayor Date:___________________________
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Mortgagee Consent:
Mortgagee, being the holder of a mortgage to the parcels(s) described in Exhibit “A”
hereby consents and joins in for the purpose of agreeing that its mortgage shall be
subordinated to the foregoing Declaration. WITNESSES:
Signature
Print Name Signature
Print Name
_______________________________ By:_______________________________
__
Name:______________________________ Title:_______________________________
Date: STATE OF _____________ ) ) SS:
COUNTY OF ___________ ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization,_______________________, the ___________ _____ of ______________________________________, freely and voluntarily under authority duly vested in him/her by said corporation and that the seal affixed thereto is the true corporate seal of said corporation. He/she is personally known to me or who has produced ______________________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ________________, 2022. ____________________________________ Notary Public
____________________________________ Typed, printed or stamped name of Notary Public My Commission Expires:
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EXHIBIT “A”
SKETCH AND LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
A PARCEL OF LAND BEING A PORTION OF TRACT “A”, CALDER RACE COURSE, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 168, PAGE 57 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID PARCEL BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERNMOST NORTHWEST CORNER OF SAID TRACT “A”;
THENCE NORTH 88°18’38” EAST, A DISTANCE OF 3,244.93 FEET, TO A POINT OF
CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST; THENCE EASTERLY, SOUTHEASTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 89°47’37” AND A RADIUS OF
50.00 FEET FOR AN ARC DISTANCE OF 78.36 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°53’45” EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 10.54 FEET;
THENCE NORTH 88°06’15” EAST, A DISTANCE OF 110.00 FEET (L1) TO A POINT ON
THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, A RADIAL LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 88°06’19” WEST;
THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF
SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 95°22’55” AND A RADIUS OF 50.00 FEET FOR AN ARC DISTANCE OF 83.24 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 86°30’50” EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED
CURVE, A DISTANCE OF 37.08 FEET. THE PREVIOUS SIX (6) COURSES BEING COINCIDENT WITH THE NORTH LINE OF SAID TRACT “A”;
THENCE SOUTH 01°58’52” EAST, A DISTANCE OF 1,320.15 FEET;
THENCE SOUTH 88°04’14” WEST, A DISTANCE OF 203.15 FEET (L2);
THENCE SOUTH 01°54’47” EAST, A DISTANCE OF 65.86 FEET (L3);
THENCE SOUTH 87°13’00” WEST, A DISTANCE OF 1,322.66 FEET;
THENCE SOUTH 01°49’51” EAST, A DISTANCE OF 660.23 FEET;
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THENCE SOUTH 87°12’37” WEST, A DISTANCE OF 696.78 FEET, THE LAST THREE (3)
DESCRIBED COURSES LYING ALONG THE BOUNDARY OF SAID TRACT “A”;
THENCE NORTH 01°49’51” WEST, A DISTANCE OF 999.18 FEET;
THENCE NORTH 89°19’30” WEST, A DISTANCE OF 1,383.39 FEET;
THENCE NORTH 01°14’25” WEST, A DISTANCE OF 746.79 FEET;
THENCE NORTH 31°54’47” EAST, A DISTANCE OF 173.50 FEET (L4);
THENCE NORTH 01°41’22” WEST, A DISTANCE OF 151.52 FEET (L5) TO A POINT ON THE NORTH LINE OF SAID TRACT “A” AND THE POINT OF BEGINNING, THE LAST
TWO (2) DESCRIBED COURSES LYING ALONG A WEST BOUNDARY OF SAID TRACT
“A”. SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING
5,039,891.40 SQUARE FEET, 115.7000 ACRES, MORE OR LESS.
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Exhibit “B”
NOTICE OF SATISFACTION AND TERMINATION OF RESTRICTIVE COVENANT
THIS NOTICE OF SATISFACTION AND TERMINATION OF RESTRICTIVE
COVENANT (“Notice of Satisfaction and Termination”) is made and executed this ___ day of ______________, 2022, by and between the CITY OF MIAMI GARDENS, FLORIDA, a
municipal corporation organized pursuant to the State of Florida (“City”) and
___________________________________, a Florida corporation (“Owner”) the owner of the
property that is located east of NW 27 Avenue and south of NW 215 Street, more particularly
described on Exhibit "A" attached hereto (the “Property”).
W I T N E S S E T H:
WHEREAS, an application was made to the City seeking approval of certain special
exceptions to permit, inter alia, a warehouse and distribution center on the Property (“Application”);
and
WHEREAS, in order to assure the City that the representations made during the City’s
consideration of the Application will be abided by, that certain Declaration of Restrictions dated the
___ day of April, 2022 as recorded in Official Records Book_____ at Page ____ of the public records of Miami-Dade County, Florida was entered into (the “Declaration”); and
WHEREAS, Owner is the successor in interest to the Declarant of the Declaration; and
WHEREAS, Paragraph 2.a. of the Declaration provides:
2. Covenants. Declarant declares the following:
a. Roadway (1) The design of any site plan for the Property shall include a north-south public right of way access connecting the Lake Lucerne community to County Line Road (“Roadway”). The design shall be in accordance with applicable engineering standards and subject to approval by applicable agencies with jurisdiction. The Declarant is not responsible for any costs other than the design and construction of the subject Roadway. (2) In the event that the City and the Declarant mutually agree for any reason that the Roadway cannot be constructed or caused as described above, or if the agencies with jurisdiction do not approve the Roadway design, then the Declarant shall be responsible to address project impacts through the payment to the City of a voluntary traffic mitigation payment in an amount equal to the estimated construction costs the Declarant would have incurred had the Roadway been constructed (the “Payment”). The Payment shall be in lieu of and in full satisfaction of all other Roadway obligations of the owner under this Declaration, and, upon receipt of Payment, the City will execute a notice of satisfaction and termination of this paragraph 2.a. of the Declaration, substantially in the form attached as Exhibit “B.”
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WHEREAS, the City and Owner mutually agree that the Roadway cannot be constructed or
caused as described in the Declaration, and/or the agencies with jurisdiction did not approve the
Roadway design; and
WHEREAS, Owner has made the Payment pursuant to Paragraph 2.a.(2) of the Declaration;
and
WHEREAS, as a result, Owner has satisfied Paragraph 2.a. of the Declaration; and
WHEREAS, upon satisfaction of Paragraph 2.a. of the Declaration, the City is obligated to
execute a Notice of Satisfaction and Termination of Restrictive Covenant; and
NOW, THEREFORE, in consideration of Ten Dollars ($10.00) and other good and valuable
consideration, the receipt, adequacy, and sufficiency of which is hereby acknowledged, the parties
intending to be legally bound, hereby covenant, stipulate and agree as follows:
1. Recitals. The above recitals are true and correct and are incorporated herein by this
reference.
2. City Acknowledgment. The City hereby confirms the Payment has been made, and
that Paragraph 2.a. of the Declaration has been satisfied.
3. Satisfaction and Termination of Declaration. Paragraph 2.a. of the Declaration
recorded in Official Records Book ____, at Page _____ of the Public Records of Miami-Dade County, Florida is hereby satisfied, released, terminated and is therefore rendered null, void and of
no further force or effect. Owner, and its successors and assigns, has no further obligations
thereunder.
4. Defined Terms. All capitalized terms not otherwise defined herein shall have the meaning ascribed to such term in the Declaration.
5. Governing Law. This Notice of Satisfaction and Termination shall be governed by
and construed in accordance with the laws of the State of Florida.
[SIGNATURES APPEAR ON THE FOLLOWING PAGES]
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CITY: City of Miami Gardens, a municipal corporation organized pursuant to the State of Florida
By: Printed Name: Printed Name: ________________________
Its: _________________________________
Printed Name:
STATE OF ________________ ) ) SS COUNTY OF _____________ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, by _____________________________, as _______________________________ of City of Miami Gardens, who is personally known to me or who has produced ________________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ________________, 202____.
_________________________________________
Notary Public
_________________________________________
Typed, printed or stamped name of Notary Public
My Commission Expires:
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OWNER: _________________________________
By: Printed Name: Printed Name: ________________________ Its: _________________________________
Printed Name: STATE OF ________________ )
) SS COUNTY OF _____________ ) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing instrument was acknowledged before me by means of ☐ physical presence or ☐ online notarization, by _____________________________, as _______________________________ of _______________________________, who is personally known to me or who has produced ________________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this
____ day of ________________, 202___.
_________________________________________
Notary Public
_________________________________________
Typed, printed or stamped name of Notary Public
My Commission Expires:
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EXHIBIT “A”
LEGAL DESCRIPTION OF THE SUBJECT PROPERTY
A PARCEL OF LAND BEING A PORTION OF TRACT “A”, CALDER RACE COURSE,
ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 168, PAGE 57 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. SAID PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST NORTHERNMOST NORTHWEST CORNER OF SAID TRACT “A”; THENCE NORTH 88°18’38” EAST, A DISTANCE OF 3,244.93 FEET, TO A POINT OF CURVATURE OF A TANGENT CURVE CONCAVE TO THE SOUTHWEST;
THENCE EASTERLY, SOUTHEASTERLY, AND SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 89°47’37” AND A RADIUS OF 50.00 FEET FOR AN ARC DISTANCE OF 78.36 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 01°53’45” EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 10.54 FEET; THENCE NORTH 88°06’15” EAST, A DISTANCE OF 110.00 FEET (L1) TO A POINT ON THE ARC OF A NON-TANGENT CURVE CONCAVE TO THE SOUTHEAST, A RADIAL
LINE OF SAID CURVE THROUGH SAID POINT HAVING A BEARING OF SOUTH 88°06’19” WEST; THENCE NORTHERLY, NORTHEASTERLY, AND EASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 95°22’55” AND A
RADIUS OF 50.00 FEET FOR AN ARC DISTANCE OF 83.24 FEET TO A POINT OF TANGENCY;
THENCE SOUTH 86°30’50” EAST ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 37.08 FEET. THE PREVIOUS SIX (6) COURSES BEING
COINCIDENT WITH THE NORTH LINE OF SAID TRACT “A”;
THENCE SOUTH 01°58’52” EAST, A DISTANCE OF 1,320.15 FEET;
THENCE SOUTH 88°04’14” WEST, A DISTANCE OF 203.15 FEET (L2);
THENCE SOUTH 01°54’47” EAST, A DISTANCE OF 65.86 FEET (L3);
THENCE SOUTH 87°13’00” WEST, A DISTANCE OF 1,322.66 FEET;
THENCE SOUTH 01°49’51” EAST, A DISTANCE OF 660.23 FEET;
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THENCE SOUTH 87°12’37” WEST, A DISTANCE OF 696.78 FEET, THE LAST THREE (3) DESCRIBED COURSES LYING ALONG THE BOUNDARY OF SAID TRACT “A”;
THENCE NORTH 01°49’51” WEST, A DISTANCE OF 999.18 FEET;
THENCE NORTH 89°19’30” WEST, A DISTANCE OF 1,383.39 FEET;
THENCE NORTH 01°14’25” WEST, A DISTANCE OF 746.79 FEET;
THENCE NORTH 31°54’47” EAST, A DISTANCE OF 173.50 FEET (L4);
THENCE NORTH 01°41’22” WEST, A DISTANCE OF 151.52 FEET (L5) TO A POINT ON THE NORTH LINE OF SAID TRACT “A” AND THE POINT OF BEGINNING, THE LAST TWO (2) DESCRIBED COURSES LYING ALONG A WEST BOUNDARY OF SAID TRACT “A”.
SAID LANDS SITUATE, LYING AND BEING IN THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 5,039,891.40 SQUARE FEET, 115.7000 ACRES, MORE OR LESS.
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EXHIBIT D
REMAINDER PARCEL RESTRICTIVE COVENANT
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2
Return to: (enclose self-addressed stamped
envelope)
Name: Mario Bataille, City Clerk 18605 NW 27th Avenue Miami Gardens, Florida 33056
This Instrument Prepared by:
Alan S. Krischer 701 Brickell Avenue
Miami FL 33131
SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA
DECLARATION OF RESTRICTIONS THIS DECLARATION OF RESTRICTIONS ("Declaration") made this _____ of
____________________, 2022, by, CALDER RACE COURSE, INC., a Florida
corporation ("Declarant”), which shall be for the benefit of CITY OF MIAMI GARDENS,
FLORIDA, a municipal corporation organized pursuant to the State of Florida (“City”).
WITNESSETH:
WHEREAS, Declarant owns certain property generally located adjacent to NW 27
Avenue and south of NW 215 Street, more particularly described on Exhibit "A" attached
hereto (the "Property”); and
WHEREAS, the Declarant filed an application with the City seeking approval for
special exceptions to permit, inter alia, a warehouse and distribution center on the
Application Parcel under City file number PZ-2022-004357 (“Application”); and
WHEREAS, in order to assure the City that the representations made by the
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Declarant will be abided by, the Declarant, subject only to conditions contained herein,
freely, voluntarily and without duress, makes the following Declaration;
NOW, THEREFORE, in consideration of the foregoing premises and the
covenants herein contained, Declarant hereby declares that the Property shall be subject
to the covenants, restrictions, and regulations hereinafter set forth, all of which shall run
with the land and which shall be binding upon all parties having any right, title or interest
in the Property or any part thereof, their heirs, successors and assigns.
1) Recitations. The recitals set forth above are true and correct and are incorporated into this Declaration by this reference. 2) Covenants. Declarant declares the following
a) The Property shall not be used for warehouse, distribution center, light production, or light assembly uses as defined in Ordinance No. 2022-007-448. b) Declarant agrees to promote the use of the Property for entertainment uses by
promoting uses such as lodging, hotels, multifamily residential, retail, restaurants,
bars, lounges, breweries, casino gaming facilities, and the uses listed in the "Recreation, Entertainment" category in Table 1, Sec. 34-287 of the Code. c) Notwithstanding the foregoing, the Declarant may use the Property for all uses currently existing on the Property as of the date of this Declaration, together with uses ancillary to or supportive thereof. 3) Covenant Running With the Land. This Declaration shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Declarant, and its 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 Property and for the public
welfare. 4) Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the Effective Date (as defined below). This Declaration shall be in effect for a period of thirty (30) years from the Effective Date, after which time it
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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 Declarant(s) of the relevant portion 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. 5) Modification, Amendment, Release. This Declaration may be modified, amended or released as to the Property, or any portion thereof, by a written instrument executed
by the then owner(s) of the relevant portion 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.
6) Enforcement. Enforcement shall be by action against any parties or person violating,
or attempting to violate, any covenants contained herein. 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. 7) Authorization for City to Withhold Permits and Inspections. In the event any Declarant, their successors or assigns, violate any of the covenants and restrictions
contained herein, such Declarant hereby acknowledges and agrees that the City may
withhold further permits and approvals with respect to the portion of the Property owned by such Declarant, provided the City first provides such Declarant, or its successors or assigns, with written notice and thirty (30) day opportunity to cure the violation. The City’s option to withhold further permits and approvals with respect to
the relevant portion of the Property shall not be exercised if within the thirty (30) day
notice period: (i) the violation is cured by such Declarant; or (ii) the violation cannot reasonably be cured within that time period but such Declarant begins to cure such violation within such time period and thereafter diligently pursues such cure to completion. The City’s determination that any Declarant is not in compliance with this
Declaration shall be subject to the procedures of Chapter 8, Code Enforcement, of the
City’s Code of Ordinances. 8) Executed Copy to be provided to the City Clerk. The Declarant 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
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shown, grants a time extension. If this is not accomplished, the approval shall become
null and void. If circumstances prevent the Declarant from complying with this timeframe condition, the Declarant 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. 9) 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. 10) Recordation and Effective Date. a) This Declaration shall not become effective ("Effective Date") until the later of (i)
Final Approval and (ii) recordation amongst the Public Records of Miami-Dade
County, Florida. As used herein, "Final Approval" shall mean final approval of the Application, and the expiration of any appeal periods applicable thereto without an appeal having been taken or, if taken, when finally dismissed with no further appeal permitted.
b) The City, at Declarant's expense following the approval of the same by the City, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida.
11) Acceptance of Declaration. Declarant acknowledges that acceptance of this
Declaration does not obligate the City in any manner, nor does it entitle Declarant 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.
12) Declarant. The term Declarant shall include the Declarant, and its heirs, successors and assigns. In the event of multiple ownership of the Property, Declarant shall refer to each respective owner of each portion of the Property.
13) 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
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shall not be construed to be a waiver of any succeeding breach or of any other
covenants, conditions or agreements contained herein. 14) 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. 15) Entire Agreement. This Declaration and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof.
This Declaration and exhibits supersede any prior correspondence, memoranda or
agreements in total hereto. 16) Counterparts. This Declaration 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)
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IN WITNESS WHEREOF, the Declarant has executed this Declaration.
________________________ Witness
Print Name:______________
________________________
Witness Print Name:
Calder Race Course, Inc.
By Richard Sukhu, President
________________________
Signature _________________________ Date
STATE OF ) ) SS
COUNTY OF _____________ )
I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, the foregoing
instrument was acknowledged before me by means of ☐ physical presence or ☐ online
notarization, by Richard Sukhu, President of Calder Race Course, Inc., a Florida corporation, who is personally known to me or who has produced ________________ as identification.
WITNESS my hand and official seal in the County and State last aforesaid this ____ day of ________________, 2022.
Notary Public
Typed, printed or stamped name of Notary Public
My Commission Expires:
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ACCEPTANCE
The City of Miami Gardens, hereby accepts this Declaration of Restrictions hereby made by Calder Race Course, Inc.
CITY OF MIAMI GARDENS, FLORIDA
Attest: _________________________________ By:_____________________________ City Clerk Mayor
Date:___________________________
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Exhibit "A" A PORTION OF TRACT "A", CALDER RACE COURSE, ACCORDING TO THE PLAT
THEREOF AS RECORDED IN PLAT BOOK 168, PAGE 57 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SAID TRACT "A"; THENCE NORTH 01°47'39" WEST, A DISTANCE OF 137.00 FEET; THENCE SOUTH 88°05'35" WEST, A
DISTANCE OF 13.00 FEET; THENCE NORTH 01°47'39" WEST, A DISTANCE OF 1649.06
FEET TO THE WESTERLYMOST NORTHWEST CORNER OF SAID TRACT "A", THE LAST THREE (3) DESCRIBED COURSES LYING ALONG THE WEST BOUNDARY OF SAID TRACT "A" AND ALONG THE EAST RIGHT OF WAY LINE OF THE 105 FOOT CANAL RIGHT OF WAY AS SHOWN ON SAID PLAT; THENCE NORTH 88°18'38" EAST,
A DISTANCE OF 467.00 FEET; THENCE NORTH 01°47'39" EAST, A DISTANCE OF 5.36
FEET; THENCE NORTH 85°09'13" EAST, A DISTANCE OF 38.69 FEET; THENCE NORTH 32°07'11" EAST, A DISTANCE OF 40.14 FEET; THENCE NORTH 31°54'47" EAST, A DISTANCE OF 15.16 FEET, THE LAST FIVE (5) DESCRIBED COURSES LYING ALONG THE BOUNDARY OF SAID TRACT "A" AND ALONG THE BOUNDARY OF TRACT "B",
HOLIDAY INN AT CALDER, ACCORDING TO THE PLAT THEREOF AS RECORDED IN
PLAT BOOK 95, PAGE 94 OF SAID PUBLIC RECORDS; THENCE SOUTH 01°14'25" EAST, A DISTANCE OF 746.79 FEET; THENCE SOUTH 89°19'30" EAST, A DISTANCE OF 1383.39 FEET; THENCE SOUTH 01°49'51" EAST, A DISTANCE OF 999.18 FEET TO THE SOUTH BOUNDARY OF SAID TRACT "A"; THENCE SOUTH 87°12'37" WEST
ALONG SAID SOUTH BOUNDARY, A DISTANCE OF 1899.24 FEET TO THE POINT OF
BEGINNING. SAID LANDS LYING IN THE CITY OF MIAMI GARDENS, MIAMI-DADE COUNTY, FLORIDA AND CONTAINING 2,383,430 SQUARE FEET OR (54.716 ACRES) MORE OR
LESS.
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