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HomeMy WebLinkAboutResolution 2020-128-3526 - Releasing Restrictive CovenantRESOLUTION NO. 2020-128-3526 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, RELEASING THAT CERTAIN DECLARATION OF RESTRICTIONS SUBMITTED BY GARDENS AND 27 LLC ON ITS APPLICATION FOR SPECIAL EXCEPTION TO PERMIT A SELF STORAGE FACILITY AND WINE COVE IN THE ENTERTAINMENT OVERLAY DISTRICT, FOR THE PROPERTY LOCATED AT 17888-17994 NW 27TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on September 12, 2018 the City of Miami Gardens (“City”) City Council granted Special Exception approval to Gardens and 27 LLC via Resolution No. 2018-145-3559 for the establishment of a Self-Storage Facility and Wine Cove located at 17888-17994 NW 27th Avenue at the rear of the Gardens Promenade Shopping Center as shown in Exhibit A, and WHEREAS, as part of the Special Exception Approval, a Restrictive Covenant was put into effect limiting uses within the facility to indoor storage, wine cove and retail only and requiring the property owner to develop the facility in accordance with an approved site plan and adhere to certain operational and maintenance requirements as shown in Exhibit B, and WHEREAS, the project is currently being constructed in compliance with the approved site plan and is nearing completion as shown in Exhibit C, and WHEREAS, the owner is currently seeking out lessees in anticipation of the project completion, but has expressed difficulty in obtaining a suitable tenant to operate the proposed wine cove portion under the current market and economic conditions, and 2 Resolution No. 2020-128-3526 WHEREAS, the owner is requesting a Release of Restrictive Covenant in order to activate the space dedicated for wine cove use and allow for alternative tenancy opportunities as permitted by the current code, and WHEREAS, the change in use will not affect the building exterior or the development standards outlined in the approved site plan, and WHEREAS, all other tenant spaces within the Gardens Promenade Shopping Center are already permitted to operate a variety of uses in compliance with the Entertainment Overlay zoning district, and WHEREAS, City Staff has no objection to the Release of Restrictive Covenant in order to expand potential tenant opportunities to those uses already permitted by the zoning code, and WHEREAS, this certification of use is consistent with the remainder of the plaza and applies to the majority of the NW 27th Avenue corridor between County Line Road and the Palmetto Expressway, 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 releases that certain declaration of restrictions submitted by Gardens and 27 LLC on its application for special exception to permit a self storage facility and wine cove in the Entertainment Overlay District, for the property located at 17888-17994 NW 27TH Avenue, more particularly described on Exhibit “A” attached hereto. 3 Resolution No. 2020-128-3526 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 OCTOBER 14, 2020. ___________________________________ OLIVER GILBERT, III, MAYOR ATTEST: __________________________________ MARIO BATAILLE, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by Vice Mayor Harris VOTE: 5-0 Mayor Oliver Gilbert , III ____ (Yes) ____ (No) (absent) Vice Mayor Rodney Harris X (Yes) ____ (No) Councilwoman Katrina Wilson X (Yes) ____ (No) Councilman Robert Stephens III X (Yes) ____ (No) Councilwoman Shannon Campbell X (Yes) ____ (No) Councilman Reggie Leon X (Yes) ____ (No) Councilman David Williams Jr ____ (Yes) ____ (No) (absent) EXHIBIT A – LOCATION MAP HEARING AREA LOCATION MAP City of Miami Gardens Planning & Zoning Division FOLIO NUMBER(S) 34-2109-001-0010 34-2109-001-0011 ADDRESS 17888-17994 NW 27th Avenue EXHIBIT B – DECLARATION OF RESTRICTIVE COVENANT (PREVIOUS) 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, GARDENS AND 27 LLC ("Applicant"), owns certain property located at the southwest corner of NW 27th Avenue and NW 183rd 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 Self Storage facility. 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. Operation and Maintenance Restrictions. a.That the property be developed substantially in compliance with the conceptual plans submitted entitled “Storage Center at Gardens Promenade” as prepared CPH, Inc. dated March 22, 2018. b.That the use shall be non-transferable. Any transfer, sale, or expansion of the business use shall require a new Special Exception request approval by the City Council; c.That the floorplan include a dedicated area for a wine cove with tasting room to be operated in conjunction with the self-storage use. Failure to 2 operate a wine tasting room or other retail space approved by the City, shall subject the Special Exception approval to revocation; d.That all storage and related activities shall be performed within the enclosed building and no outdoor storage shall be permitted at any time; e.That the Owner shall apply for and obtain a Business License and Certificate of Use from the City for both the self-storage facility and the wine cove with tasting room, prior to the issuance of a Temporary Certificate of Occupancy (TCO); 2. Site Plan Approval. Site plan approval shall be required prior to issuance of a building permit. 3. Landscape Plans Approval. landscape plan approval shall be required prior to issuance of a building permit and shall comply with ARTICLE XIV- MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS; FENCES; WALLS; HEDGES of the City’s Land Development Regulations. 4. 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. 5. 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. 6. 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. 3 7. 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. 8. 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. 9. 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. EXHIBIT C GARDENS PROMENADE SELF-STORAGE AND WINE COVE Site Conditions – September 23, 2020 EXHIBIT C EXHIBIT C