HomeMy WebLinkAbout2023-015-7905_-_Salvation_Army_Variance_and_Amendment_to_Restrictive_Covenant_-_Adopted.docxRESOLUTION NO. 2023-015-7905
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, GRANTING A VARIANCE TO THE
SALVATION ARMY TO REDUCE THE MINIMUM REQUIRED
LOT SIZE FROM 2 ACRES TO 1.3 ACRES; AUTHORIZING THE
CITY MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THAT CERTAIN AMENDMENT TO THE
AMENDED AND RESTATED DECLARATION OF
RESTRICTIONS, A COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT “C”; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the property located at 194 NW 187th Street (“Subject Property”) is
currently zoned for Planned Corridor Development (“PCD”) with a “Commerce”
designation in the City of Miami Gardens Comprehensive Development Master Plan
(“CDMP”), and
WHEREAS, currently, the site consists of a two-story radio & television station
building, however, the Salvation Army (“Applicant”) wishes to renovate and update the
existing building to function solely as a state-of-the-art religious assembly, and
WHEREAS, the City of Miami Gardens Code of Ordinances Section 34-288(33),
Places of assembly, requires a minimum lot size of two (2) acres and the current lot size
of the Subject Property is approximately 1.3 acres, and
WHEREAS, to come into compliance with the City of Miami Gardens Code of
Ordinances, the Applicant must obtain a non-use variance pursuant to Section 34-47,
Granting Variances and Waivers, of the City Code of Ordinances, to reduce the minimum
lot size requirement from 2 acres to 1.3 acres, and
WHEREAS, in addition to seeking a non-use variance, the Applicant is requesting
an amendment to the Declaration of Restrictive Covenant initially recorded on the
property in 1984, which established the Radio and TV station use, a copy of which is
attached hereto as Exhibit “B”, and
WHEREAS, the Applicant has proferred an Amendment to the Amended
Declaration of Restrictions, a copy of which is attached hereto as Exhibit “C”, and
WHEREAS, the City Council considered the testimony of the Applicant, if any, and
the Staff Report attached hereto as Exhibit “D” and incorporated by reference, and
WHEREAS, City Staff recommends the City Council grant a variance to Applicant
to reduce the minimum required lot size and authorize the City Manager and City Clerk
to execute and attest, respectively, that certain Amendment to the Amended and
Restated Declaration of Restrictions, a copy of which is attached hereto as Exhibit “C”,
DocuSign Envelope ID: 19735382-E819-4065-AFF1-0D7930FC52D9
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Resolution No. 2023-015-7905
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 grants a variance to The Salvation Army to reduce the minimum required lot size
from 2 acres to 1.3 acres. Further, the City Council of the City Miami Gardens authorizes
the City Manager and City Clerk to execute and attest, respectively, that certain
Amendment to the Amended and Restated Declaration of Restrictions, a copy of which
is attached hereto as Exhibit “C”.
Section 3: INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
authorized to obtain two (2) fully executed copies of the subject Agreement with one to
be maintained by the City, and one to be delivered to the Salvation Army.
Section 4: 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 FEBRUARY 8, 2023.
________________________________
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 Leon
Seconded by: Councilwoman Julien
VOTE: 7-0
DocuSign Envelope ID: 19735382-E819-4065-AFF1-0D7930FC52D9
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Resolution No. 2023-015-7905
Mayor Harris Yes
Vice Mayor Wilson Yes
Councilwoman Campbell Yes
Councilwoman Ighodaro Yes
Councilwoman Julien Yes
Councilman Leon Yes
Councilwoman Stephens, III Yes
DocuSign Envelope ID: 19735382-E819-4065-AFF1-0D7930FC52D9