HomeMy WebLinkAboutDecember 7, 2011 Zoning Meeting
Zoning Agenda December 7, 2011 Page 1 of 3 CITY OF MIAMI GARDENS ZONING AGENDA Meeting Date: December 7, 2011 1515 NW 167th St., Bldg. 5, Suite 200, Miami Gardens, Florida 33169 Phone:
(305) 622-8000 Fax: (305) 622-8001 Website: www.miamigardens-fl.gov Time: 7:00 p.m. Mayor Shirley Gibson Vice Mayor Aaron Campbell Jr. Councilwoman Lisa C Davis Councilman André Williams
Councilwoman Felicia Robinson Councilman David Williams Jr. Councilman Oliver G. Gilbert III City Manager Dr. Danny O. Crew City Attorney Sonja K. Dickens City Clerk Ronetta Taylor,
MMC City of Miami Gardens Ordinance No. 2007-09-115, requires all lobbyists before engaging in any lobbying activities to register with the City Clerk and pay an annual fee of $250.00.
This applies to all persons who are retained (whether paid or not) to represent a business entity or organization to influence “City” action. “City” action is broadly described to include
the ranking and selection of professional consultants, and virtually all-legislative, quasi-judicial and administrative action. All not-for-profit organizations, local chamber and merchant
groups, homeowner associations, or trade associations and unions must also register however an annual fee is not required. 1. CALL TO ORDER/ROLL CALL OF MEMBERS: 2. INVOCATION: 3. PLEDGE
OF ALLEGIANCE: 4. APPROVAL OF MINUTES: 4-A) Regular Zoning Minutes – October 5, 2011 Regular Zoning Minutes – November 2, 2011 5. AGENDA ORDER OF BUSINESS (ADDITIONS/DELETIONS/AMENDMENTS)
BUSINESS (Items shall be pulled from the Consent Agenda at this time): Page 1 of 162
6. PRESENTATION(S): 6-A) Miami-Dade Transit: Land Use Planning and Transit Study for NW 215th Street and NW 27th Avenue Property 7. CONSENT AGENDA: 7-A) A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA CANCELLING THE JANUARY 4, 2012 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY
MANAGER) 8. FIRST READING (ORDINANCE)/PUBLIC HEARING(S): None 9. ORDINANCE(S) SECOND READING/PUBLIC HEARING(S): 9-A) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA,
APPROVING THE APPLICATION SUBMITTED BY EBS ENGINEERING, INC. FOR THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 2726 N.W. 168 TERRACE; PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED
HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL TO PCD, PLANNED CORRIDOR DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) (1ST Reading – November 2, 2011) 10. RESOLUTION(S)/PUBLIC HEARING(S): 10-A) A RESOLUTION
OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MARIA NOYA AND JUAN RODRIGUEZ TO ALLOW A REAR SETBACK OF A PRINCIPAL BUILDING OF 9.36
FEET WHERE 25.0 FEET IS REQUIRED, FOR THE PROPERTY LOCATED AT 1871 N.W. 152ND STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 10-B) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF Zoning Agenda December 7, 2011 Page 2 of 3 Page 2 of 162
Zoning Agenda December 7, 2011 Page 3 of 3 MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY 16600 NW LC ENTERPRISE CORPORATION FOR A SPECIAL EXCEPTION USE TO ALLOW A CHILD
CARE FACILITY IN THE R-25, MULTI-FAMILY RESIDENTIAL DISTRICT AT 16600 N.W. 25TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS;
PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS;; PROVIDING FOR AN EFFECTIVE DATE. (SPONSORED BY THE CITY MANAGER) 11. CITY MANAGER’S REPORT 11-A) Memorandum – Landscape Manual
Update 12. ADJOURNMENT IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, ALL PERSONS WHO ARE DISABLED AND WHO NEED SPECIAL ACCOMMODATIONS TO PARTICIPATE IN THIS MEETING
BECAUSE OF THAT DISABILITY SHOULD CONTACT RONETTA TAYLOR, CITY CLERK (305) 622-8003, NOT LATER THAN 48 HOURS PRIOR TO SUCH PROCEEDING. TDD NUMBER 1-800-955-8771. ANYONE WISHING TO OBTAIN
A COPY OF ANY AGENDA ITEM MAY CONTACT RONETTA TAYLOR, MMC, CITY CLERK (305) 622-8003. ANYONE WISHING TO APPEAL ANY DECISION MADE BY THE CITY OF MIAMI GARDENS WITH RESPECT TO ANY MATTER
CONSIDERED AT SUCH MEETING OR HEARING WILL NEED A RECORD OF THE PROCEEDINGS AND, FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD
INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. Please turn-off all cellular telephones to avoid interrupting the council meeting. Page 3 of 162
City of Miami Gardens Agenda Cover Memo Meeting Date: December 7, 2011 Item Type: (Enter X in box) Resolution Ordinance Other x Fiscal Impact: (Enter X in box) Yes No Ordinance Reading:
(Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) NA Advertising Requirement: (Enter X in box) Yes No X
Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bid #: x NA Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic
Dev Public Safety Quality of Education Qual. of Life & City Image Communication Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) N/A x Sponsor
Name City Manager Department: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CANCELLING THE JANUARY 4, 2012 ZONING MEETING; PROVIDING
FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: At the date of this writing there were no scheduled public hearing items for the January 4, 2012 Zoning
Meeting. Therefore, unless a public hearing application is submitted at least 2 weeks before this December meeting, there would be no reason to hold the January 4, 2012 Zoning Meeting.
Proposed Action: Staff recommends that the City Council adopt a resolution to cancel the January 4, 2012 Zoning Meeting. ITEM 7-A) CONSENT AGENDA Cancelling the January 4, 2012 Zoning
Meeting Page 4 of 162
1 RESOLUTION NO. 2011____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA CANCELLING
THE JANUARY 4, 2012 ZONING MEETING; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. WHEREAS, a Zoning meeting is currently scheduled for January 4, 2012 at
7:00 p.m., and WHEREAS, there are no scheduled public hearing items for the January 4, 2012 Zoning meeting, and WHEREAS, as such, staff recommends the adoption of a Resolution to cancel
the Zoning meeting scheduled for January 4, 2012, 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: CANCELLATION OF MEETING:
The City Council of Miami Gardens hereby cancels the Zoning meeting scheduled for January 4, 2012 at 7:00 p.m. 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 ZONING MEETING HELD ON ____________, 2011. ___________________________________ SHIRLEY
GIBSON, MAYOR Page 5 of 162
2 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 ATTEST: __________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY
SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved by: __________________ VOTE: _________ 49 Mayor Shirley Gibson ____ (Yes) ____ (No) 50 51 Vice Mayor Aaron Campbell ____ (Yes) ____
(No) Councilwoman Lisa Davis ____ (Yes) ____ (No) 52 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) 53 Councilwoman Sharon Pritchett ____ (Yes) ____ (No) 54 55 56 57 58 59 Councilwoman
Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes) ____ (No) Page 6 of 162
City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: December 7, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading X x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of
Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY EBS ENGINEERING, INC. FOR THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 2726 N.W. 168
TERRACE; PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM R-1, SINGLE FAMILY RESIDENTIAL TO PCD, PLANNED CORRIDOR DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS;
REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Information The Applicant,
EBS Engineering, Inc. is requesting a rezoning of a 0.85 acre (37,151 square feet) property located at the southwest corner of N.W. 27 Avenue and N.W. 168 Terrace from R-1, Single ITEM
9-A) ORDINANCE SECOND READING/Public Hearing Application EBS Engineering, Inc. Page 7 of 162
EBS Engineering, Inc. REZONING-2nd Reading PH-2011-000074, December 7, 2011 Family Residential to PCD, Planned Corridor Development. The property has a split zoning with approximately
10,000 square feet of the property currently zoned PCD and the remainder of the property zoned R-1. The rezoning to PCD will create one large contiguous commercial zoned lot to allow
the applicant to construct a new 15,997 square feet two story office building with adequate parking and landscape areas. The Ordinance was approved at first reading at the November 2,
2012 City Council Zoning Meeting. Current Situation Approval of the 2nd reading of the Ordinance is required for the granting of the rezoning allowing the applicant to proceed to site
plan approval required, in part, for obtaining a building permit for the construction. Proposed Action: Staff recommends granting the rezoning from R-1 to PCD the property generally
located at 2726 N.W. 168 Terrace. Attachments: EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” STAFF RECOMMENDATION Page 8 of 162
1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 ORDINANCE NO. 2011 ____ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING
APPLICATION SUBMITTED BY EBS ENGINEERING FOR THE REZONING OF THE PROPERTY GENERALLY LOCATED AT 2726 NORTHWEST 168TH TERRACE; PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO, FROM
R-1, SINGLE FAMILY RESIDENTIAL TO PCD, PLANNED CORRIDOR DEVELOPMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE WHEREAS, the Applicant, EBS Engineering, Inc. is the owner of the parcel generally located at 2726 NW 168th Terrace, and
WHEREAS, the parcel consists of four (4) lots, and the largest lot has split zoning with approximately 10,000 square feet of the property currently zoned PCD, Planned Corridor Development,
and the remainder of the property zoned R-1, Single Family Residential, and WHEREAS, the Applicant is requesting rezoning of the property from R-1, Single Family Residential to PCD,
Planned Corridor Development, and WHEREAS, the rezoning to PCD, Planned Corridor Development will create one (1) large contiguous commercial zone lot to allow the Applicant to construct
a 15,997 square foot two story office building with adequate parking and landscape areas, and WHEREAS, the City’s Planning and Zoning staff has made a comprehensive determination that
the application is consistent with the Comprehensive Development Master Plan, and Page 9 of 162
2 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 WHEREAS, the City’s Planning and Zoning staff recommends approval of the application, and WHEREAS, the City Council
considered the testimony of the Applicant, if any, and WHEREAS, the City Council also considered the testimony of the City’s Planning and Zoning staff and the staff report attached hereto
as Exhibit “B”, incorporated herein by reference, NOW, THEREFORE, BE IT ORDAINED 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 Ordinance. Section 2. AUTHORIZATION: The City Council
of the City of Miami Gardens, Florida hereby rezones the property particularly described on Exhibit “A” attached hereto from R-1, Single Family Residential to PCD, Planned Corridor Development.
Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions of this Ordinance. Page 10 of 162
3 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens
that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered
or relettered and the word “Ordinance” may be changed to “Chapter,” “Section,” “Article” or such other appropriate word or phrase, the use of which shall accomplish the intentions herein
expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 2nd DAY OF NOVEMBER, 2011. PASSED ON SECOND
READING ON THE ____ DAY OF _________, 2011. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS ZONING MEETING HELD ON THE _____ DAY OF ______________, 2011. __________________
______________ SHIRLEY GIBSON, MAYOR ATTEST: _________________________________ RONETTA TAYLOR, MMC, CITY CLERK Page 11 of 162
4 82 83 84 85 86 87 88 89 90 91 92 PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved by: __________________ Second by: _________________
VOTE: _________ 93 Mayor Shirley Gibson ____ (Yes) ____ (No) 94 Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) 95 Councilman David Williams Jr ____ (Yes) ____ (No) 96 Councilwoman
Lisa Davis ____ (Yes) ___ (No) 97 98 99 100 Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes)
____ (No) Page 12 of 162
EBS Engineering, Inc. REZONING-2nd Reading PH-2011-000074, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION Page 13 of 162
EBS Engineering, Inc. REZONING-2nd Reading PH-2011-000074, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION PARCEL 1: Folio: 34-2109-006-0370 9 52 41 “GOLDEN GLADES PARK 1ST ADDITION”
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE PLAT BOOK 39, PAGE 58 RE-SUB LOTS 5 TO 11 INCLUSIVE LESS EAST 15 FEET RIGHT OF WAY OF LOTS 8 TO 11 INCLUSIVE BLOCK 4 LOT SIZE IRREGULAR
OR 12186-1289 04842 PARCEL 2: Folio: 34-2109-006-0410 “GOLDEN GLADES PARK 1ST ADDITION” ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE PLAT BOOK 39, PAGE 58 RE-SUB LOT 18 BLOCK 4
LOT SIZE 25.000 X 105 OR 21246-1888-1889 05/2003 4 F/A/U 30-2109-006-0410 PARCEL 3: Folio: 34-2109-006-0420 “GOLDEN GLADES PARK 1ST ADDITION” ACCORDING TO THE PLAT THEREOF, AS RECORDED
IN THE PLAT BOOK 39, PAGE 58 RE-SUB LOTS 19 THRU 22 BLOCK 4 & LOT 13 BLOCK 4 OF GOLDEN GLADES PARK 2ND ADDITION PLAT BOOK 39 PAGE 83 LOT SIZE 125.000 X 105 PARCEL 4: Folio: 34-2109-006-0400
“GOLDEN GLADES PARK 1ST ADDITION” ACCORDING TO THE PLAT THEREOF, AS RECORDED IN THE PLAT BOOK 39, 39, PAGE 58 RE-SUB LOT 17 BLOCK 4 LOT SIZE 25.000 X 105 OR 20332-3831 0302 3 F/A/U 30-2109-006-0400
Page 14 of 162
EBS Engineering Inc. REZONING 2nd Reading PH-2011-000074, December 7, 2011 EXHIBIT “B” STAFF RECOMMENDATION Page 15 of 162
EBS Engineering Inc. REZONING 2nd Reading PH-2011-000074, December 7, 2011 STAFF RECOMMENDATION PH-2010-000074 APPLICATION INFORMATION Applicant: EBS Engineering, Inc. Property Location:
2726 N.W. 168 Terrace Property Size: 0.85 acres Future Land Use: Neighborhood, Commercial Existing Zoning: PCD, Planned Corridor Development and R-1, Single Family Residential Requested
Action(s): Rezoning from R-1, Single Family Residential to PCD, Planned Corridor Development RECOMMENDATION: Staff recommends that the City Council approve an ordinance to rezone the
subject property from R-1, Single Family Residential to PCD, Planned Corridor Development. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation
Zoning Classification Existing Use Site Split FLU Designations: Primary frontage is Commerce on NW 27th Avenue; Secondary frontage is Neighborhood on NW 167 Terrace PCD, Planned Corridor
Development fronting NW 27 Avenue; R-1, Single Family Residential fronting NW 167 Terrace vacant North Commerce PCD, Planned Corridor Development commercial South Commerce PCD, Planned
Corridor Development commercial East Commerce PCD, Planned Corridor Development commercial West Neighborhood R-1, Single Family Residential Single Family Residential The property consists
of four (4) parcels with the main 18,900 square feet parcel fronting N.W. 27 Avenue zoned partially PCD and R-1. The other three (3) lots are zoned R-1. All the lots are Page 16 of 162
EBS Engineering Inc. REZONING 2nd Reading PH-2011-000074, December 7, 2011 undeveloped and vacant. To the north, south, and east are zoned PCD and developed with commercial uses, while
to the west are single family residential homes. Zoning History There is no relevant zoning history on these properties impacting the proposed request. Project Summary/Background • The
applicant is the owner of the property consisting of four (4) lots of which the largest lot fronting N.W 27 Avenue that has a split zoning of PCD, Planned Corridor Development and R-1,
Single Family Residential. The other three (3) lots are contiguous creating a 0.85 acre parcel. • The proposed development of the property is a two (2) story 15,997 square feet professional
office building with the required off-street parking and landscape areas. The proposed development will be subject to the City’s Development Review Committee (DRC) review and site plan
approval. Consistency with City of Miami Gardens Comprehensive Development Master Plan Policy 1.2.1 of the Neighborhood designation states: “Uses consistent with the Neighborhood land
use designation shall primarily include low and low-medium density residential uses. Medium and medium high densities, suburban commercial office, and mixed use planned uses may be permitted
subject to the performance criteria set forth in this plan.” Policy 2.1.3 of the Performance Criteria and Land Uses states: a. Suburban Commercial and Office • Purpose. Suburban Commercial
and Office is designed to accommodate retail sales and services, professional offices and other similar activities, primarily in the Neighborhood designation. • Site Size. Suburban Commercial
and Office development should be smaller than 5 acres. • Uses. Typical permitted uses include retail sales and services, professional offices, restaurants and pharmacies. • Floor Area
Ratio (Intensity). 0.5 maximum. • Access. Frontage on one (1) Arterial or adjacent to an intersection of two (2) Collectors or higher. • Height. Up to an average height of four (4) stories.
Conclusion: A portion of the site that is adjacent to NW 27 Avenue in the Commerce designation in the Future Land Use Map is already zoned PCD, Planned Corridor Development. The majority
of the site is located in the Neighborhood land use designation. The property is Page 17 of 162
EBS Engineering Inc. REZONING 2nd Reading PH-2011-000074, December 7, 2011 ideally located and proposed for professional office and other similar uses consistent with the performance
criteria set forth in the Neighborhood designation. Zoning Review and Analysis The City Council may grant or deny approval of a rezoning as set forth in Section 34-49 of the City’s Zoning
Code/LDRs must determine the following standards: (f) “Criteria for granting of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map
designation of a parcel or parcels. The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of
a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors
related to the general welfare, the following shall be considered: (1) The development permitted by the application, if granted, conforms to the city's comprehensive development master
plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered; (2)
The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the city, including consideration
of the means and estimated cost necessary to minimize the adverse impacts; the extent to which alternatives to alleviate adverse impacts may have a substantial impact on the natural
and human environment; and whether any irreversible or irretrievable commitment of natural resources will occur; (3) The development permitted by the application, if granted, will have
a favorable or unfavorable impact on the economy of the city; (4) The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid
waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction; (5) The development permitted by the
application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed
or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways.” After consideration of the above criteria
and of the proposed request the following findings are made: 1. The rezoning to PCD would allow the development of suburban commercial and office uses which is generally consistent with
the Comprehensive Development Master Plan Neighborhood designation. Page 18 of 162
EBS Engineering Inc. REZONING 2nd Reading PH-2011-000074, December 7, 2011 2. The rezoning will not have an unfavorable impact on the natural resources in the City. 3. The rezoning will
have a favorable impact upon the City’s economy encouraging commercial and office development where single family residential has become undesirable to the close proximity of the heavily
travelled arterial of N.W. 27 Avenue, and affording the City commercial tax designation and related receipts. 4. The rezoning will not unduly burden water, sewer, drainage, education
or recreation facilities. 5. The rezoning will not unduly burden public transportation facilities, including adjacent roadways as N.W. 27 Avenue is a major arterial roadway of the City.
Conclusion: After consideration of the request to rezone the property to PCD, Planned Corridor Development the findings satisfy the above criteria set forth in the LDRs for granting
such requests. Anticipated Facilities Impact DRC (Development Review Committee): Prior to building building permit issuance site plan approval will be required and reviewed by the City’s
DRC for anticipated impacts and any mitigation thereof. General: Concurrency determinations are not finalized during the zoning approval process. Public Notification/Comments In accordance
with the Land Development Regulations, notifications of the applicant’s requests were mailed to property owners within a five hundred (500) foot radius of the subject site to provide
them an opportunity to comment on the application. At the date of this writing, there have been no inquires directed to the Planning and Zoning Department. Attachments: Letter of Intent
Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Page 19 of 162
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City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: December 7, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading n/a x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of
Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: RESOLUTION No.
2011-A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MARIA NOYA AND JUAN RODRIGUEZ TO ALLOW A REAR SETBACK OF A PRINCIPAL
BUILDING OF 9.36 FEET WHERE 25.0 FEET IS REQUIRED, FOR PROPERTY LOCATED AT 1871 N.W. 152 STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A”, ATTACHED HERETO; PROVIDING FOR ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE. Staff Summary: Background Information As part of the purchase of the property located at 1871 N.W. 152 Street, the applicants, Maria Noya
and Juan Rodriguez, entered into a stipulation agreement in June 2010 through the City’s Re-Occupancy Certificate program to correct existing violations on the property. The violations
included two carports ITEM 10-A) RESOLUTIONS PUBLIC HEARINGS Application of Maria Noya & Juan Rodriguez Page 37 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 encroaching into the front setback area, which have since been removed; and a rear
setback of 9.36 feet of an addition to the residence, of which the applicants are requesting a variance. Current Situation The applicants are requesting a rear setback variance of 9.36
feet to allow, in part, the legalization of the addition to the residence. The applicants will still have to obtain an after the fact building permit for the addition from the City’s
Building Services Department, however, a building permit cannot be issued unless the rear setback variance is first granted which will authorize the zoning approval of the building permit.
Proposed Action: Staff recommends denying the proposed resolution. Attachments: EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “C” DECLARATION OF RESTRICTIVE COVENANTS EXHIBIT “B” STAFF RECOMMENDATION
Page 38 of 162
1 RESOLUTION NO. 2011____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING
THE APPLICATION SUBMITTED BY MARIA NOYA AND JUAN RODRIGUEZ TO ALLOW A REAR SETBACK OF A PRINCIPAL BUILDING OF 9.36 FEET WHERE 25.0 FEET IS REQUIRED, FOR THE PROPERTY LOCATED AT 1871
N.W. 152ND STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Maria Noya and
Juan Rodriguez (“Applicants”) are
the owners of the property located at 1871 N.W. 152nd Street, more particularly described on Exhibit “A” attached hereto, and WHEREAS, the Applicants are requesting a variance to legalize
an addition to the subject residence, and WHEREAS, the Applicants have applied for a variance of Section 34-342 of the Land Development Code to allow a rear setback of 9.36 feet where
25.0 feet is required, and WHEREAS, City staff recommends denial denial of the application, and WHEREAS, the City Council has considered the testimony of the Applicant, if any, and WHEREAS,
the City Council has also considered the testimony of the City’s Planning and Zoning staff and the staff report attached hereto as Exhibit “B”, and incorporated herein by reference,
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. Page 39 of 162
2 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens
hereby approves the application submitted by Maria Noya and Juan Rodriguez to allow a rear setback of a principal building of 9.36 feet where 25.0 feet is required, for the property
located at 1871 N.W. 152nd Street, more particularly described on Exhibit “A” attached hereto. 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 ZONING MEETING HELD ON ____________, 2011. ___________________________________ SHIRLEY GIBSON, MAYOR
ATTEST: __________________________________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved
by: __________________ VOTE: _________ Mayor Shirley Gibson ____ (Yes) ____ (No) Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) Councilman David Williams Jr ____ (Yes) ____ (No)
Councilwoman Lisa Davis ____ (Yes) ____ (No) Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes)
____ (No) Page 40 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION Page 41 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION LOT 16 BLK 8 OF “RAINBOW PARK” PLAT THEREOF AS PB 44-21
AS RECORDED IN THE OFFICIAL RECORDS BOOK MIAMI-DADE COUNTY, FLORIDA Page 42 of 162
Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, December 7, 2011 STAFF RECOMMENDATION PH-2011-000075 APPLICATION INFORMATION Applicant: Maria Noya and Juan
Rodriguez Property Location: 1871 N.W. 152 STREET Property Size: 0.11 acres/5000 square feet Future Land Use: Neighborhood Existing Zoning: R-1, Single Family Residential Requested Action(s):
1. Request to allow a rear setback variance of 9.36 feet where 25.0 feet is required for a single family residence in the R-1, Single Family Residential district. RECOMMENDATION: Staff
recommends denying the request for the 9.36 foot rear setback for the property located at 1871 N.W. 152 Street finding all the criteria for granting of variances have not been satisfied.
REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Neighborhood R-1, Single Family Residential single
family residence North Neighborhood R-1, Single Family Residential single family residence South Neighborhood R-1, Single Family Residential single family residence East Neighborhood
R-1, Single Family Residential single family residence West Neighborhood R-1, Single Family Residential single family residence The subject property is currently developed with a 1364
square feet single family residence on a 5000 square foot lot. The surrounding properties are all zoned R-1, Single Family Residential and developed with single family residences. Page
43 of 162
Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, December 7, 2011 Project Summary/Background • The applicants during the purchase of the subject property entered
into a stipulation agreement with the City through the Re-Occupancy Certificate program agreeing to correct violations on the property. • The violations included two carports installed
with building permits and encroaching into the front setback area, of which have been removed; and an addition to the residence that has a 9.36 feet setback from the rear property line
where 25.0 feet is required. • To correct the addition an after the fact building permit is required, of which the applicant has applied for, however, Zoning cannot authorize the approval
of the building permit without a variance of the rear setback encroachment being approved. Zoning History There is no history of any previous zoning actions on the property. Consistency
with City of Miami Gardens Comprehensive Development Master Plan The subject property is designated Neighborhood on the Future Land Use Map of the Future Land Use Element of the City
of Miami Gardens Comprehensive Development Master Plan (CDMP). The CDMP objectives and policies of the Neighborhood designation allow and protect single family residential areas from
intrusion of incompatible uses. Conclusion: The requested variances do not change the single-family residential use of the property. Therefore, the request does not impact policies of
the CDMP and is consistent with same. Zoning Review and Analysis Section 34-47 (h) Criteria for granting variances states: (h) Criteria for granting variances. Upon appeal or direct
application in specific cases to hear and grant applications for non-use variances and waivers of this chapter, when authorized, the zoning appeals board may grant approval, approval
with conditions of the application upon showing by the applicant that the non-use variance or waiver that all the following have been met: (1) The particular physical surroundings, shape,
topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as distinguished from a
mere inconvenience, if the regulations were carried out literally. (2) The conditions upon which the request for a variance is based are unique to the parcel and would not be generally
applicable to other property within the vicinity. (3) The alleged difficulty or hardship was not deliberately created to establish a use or structure which is not otherwise consistent
with this Code. Page 44 of 162
Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, December 7, 2011 (4) The granting of the variance will not be detrimental to the public welfare or injurious
to other property or improvements in the vicinity. (5) The proposed variance will not substantially increase the congestion in the public streets, or increase the danger of fire, or
endanger the public safety, or substantially diminish or impair property values within the vicinity. (6) The variance request is the minimum variance that will make possible the reasonable
use of the land, building, or structure; (7) The granting of the variance request will be in harmony with the general intent and purpose of these regulations and the comprehensive plan;
(8) Nonconforming use of neighboring lands, structures, or buildings in the same zoning district, and the permitted use of lands, structures, or buildings in other zoning districts,
shall not be considered grounds for the authorization of a variance; and (9) Financial hardship is not the only evidence of a hardship considered in the authorization of a variance.
In reviewing the request to allow a 9.36 feet rear setback where 25.0 feet is required and after site inspections the following findings are made: • The conditions upon which the request
for a variance is based are not unique to the parcel and would be generally applicable to other property within the vicinity; the other single family residences surrounding and abutting
the subject property do not have additions with rear yard setback encroachments nor have variances been granted for such additions; • The subject property does not have particular physical
surroundings, shape, topographical condition, or other physical or environmental condition of the specific property involved would result in a particular hardship upon the owner, as
distinguished from a mere inconvenience from the construction of the addition without first obtaining a building permit; Conclusion: After consideration of the above criteria for granting
of the variance and based on the findings it can be concluded that all of the above criteria has not been satisfied for the granting of the variance. Anticipated Facilities Impact The
subject application pertains to an existing single-family property and, as such, will not create additional impact upon the existing public services and facilities. Public Notification/Comments
In accordance with Section 34-46(d)(7)(a) of the City’s Zoning and Land Development Code, notification of the applicant’s requests was mailed to all abutting property owners to provide
them Page 45 of 162
Maria Noya and Juan Rodriguez – 1871 NW 152 Street Setback PH-2011-000075, December 7, 2011 an opportunity to comment on the application. No comments were received at time of writing
of staff’s recommendation. Attachments: Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Photos of Property Certificate of Re-Occupancy
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City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: December 7, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading n/a x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of
Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: A RESOLUTION OF
THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY 16600 NW LC ENTERPRISE CORPORATION FOR A SPECIAL EXCEPTION USE TO ALLOW A CHILD CARE FACILITY
IN THE R‐25, MULTI‐FAMILY RESIDENTIAL DISTRICT AT 16600 NW 25TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING
FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Background Information The Applicant, 16600 NW LC Enterprise Corp. is requesting a special
exception use to allow a child care facility at the property located at the southwest corner of N.W. 167 Street and N.W. 25 Avenue for up to thirty four (34) children with an age limit
of three (3) years old. The child care facility will have three (3) classrooms, parent drop-off and pick up areas, staff parking, and outside recreation open space meeting all the requirements
of the City’s Land Development Regulations (LDRs). Current Situation ITEM 10-B) RESOLUTION PUBLIC HEARINGS 16600 NW LC ENTERPRISE CORPORATION Page 79 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 The property is currently developed as a residential duplex approximately 1684 square
feet in area on an 8090 square foot lot. There are several conditions which would need to be met in order to City staff to recommend approval. They are as follows: 1. That the plans
submitted for building permit be substantially in compliance with plans submitted with this application labeled “Special Exception Application for 16600 NW 25 Avenue Daycare”, as prepared
by Nyarko Architectural Group, Inc., consisting of sheets A-01, A-02, A-03, dated 10/21/2011. 2. That the childcare facility be limited to up to thirty four (34) children at any one
time. 3. That the childcare hours of operation be limited to between the hours of 6:00am to 6:00pm Monday to Friday. The applicant has met with staff and has agreed to these conditions.
Proposed Action: Staff recommends approval of the proposed resolution with above referenced conditions. Attachments: EXHIBIT “A” LEGAL DESCRIPTION EXHIBIT “B” STAFF RECOMMENDATION Page
80 of 162
1 RESOLUTION NO. 2011____ 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING
THE APPLICATION SUBMITTED BY 16600 NW LC ENTERPRISE CORPORATION FOR A SPECIAL EXCEPTION USE TO ALLOW A CHILD CARE FACILITY IN THE R-25, MULTI-FAMILY RESIDENTIAL DISTRICT AT 16600 N.W.
25TH AVENUE, MORE PARTICULARLY DESCRIBED ON EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS;; PROVIDING
FOR AN EFFECTIVE DATE. WHEREAS, the Applicant, 16600 NW LC Enterprise Corporation, is requesting a special exception use to allow a child care facility at the property located at the
S.W. corner of N.W. 167th Street and N.W. 25th Avenue for up to thirty-four (34) children with an age limit of three (3) years old, and WHEREAS, the child care facility will have three
(3) classrooms, parent drop off and pick up areas, staff parking and outside recreation open space, which will meet the requirements of the City’s Land Development Regulations, and WHEREAS,
City staff recommends approval of the application, and WHEREAS, the City Council has considered the testimony of the Applicant, if any, and WHEREAS, the City Council has also considered
the testimony of the City’s Planning and Zoning staff and the staff report attached hereto as Exhibit “B”, and incorporated herein by reference, 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. Page 81 of 162
2 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 Section 2: AUTHORIZATION: The City Council of the City of Miami Gardens hereby
approves the Application submitted by 16600 NW LC Enterprise Corporation for a special exception use to allow a child care facility in the R-25, multi-family residential district at
16600 N.W. 25th Avenue, more particularly described on Exhibit “A” attached hereto. Section 3: DECLARATION OF RESTRICTIVE COVENANTS: The City Council of the City of Miami Gardens hereby
approves the Declaration of Restrictive Covenants attached hereto as Exhibit “C.” 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 ZONING MEETING HELD ON ____________, 2011. ___________________________________ SHIRLEY GIBSON, MAYOR ATTEST: ______________________
____________ RONETTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved by: __________________ VOTE:
_________ Page 82 of 162
3 66 67 68 69 70 71 72 73 74 75 76 77 Mayor Shirley Gibson ____ (Yes) ____ (No) Vice Mayor Aaron Campbell, Jr. ____ (Yes) ____ (No) Councilman David Williams Jr ____ (Yes) ____ (No)
Councilwoman Lisa Davis ____ (Yes) ____ (No) Councilman Oliver Gilbert, III ____ (Yes) ____ (No) Councilwoman Felicia Robinson ____ (Yes) ____ (No) Councilman Andre’ Williams ____ (Yes)
____ (No) Page 83 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION Page 84 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION THE SOUTH 4.80 FEET OF LOT 2 AND ALL OF LOT 13, BLOCK
1 OF THE “NW 27TH HEIGHTS” ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 47, PAGE 55, OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. Page 85 of 162
Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared
by: Sonja K. Dickens, Esquire 1515 N.W. 167th Street Building 5, Suite 200 Miami Gardens, Florida 33169 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING
DATA DECLARATION OF RESTRICTIONS WHEREAS, 16600 NW LC Enterprise Corporation ("Applicant"), owns certain property located at 16600 NW 25 Avenue ("Property"), more particularly described
on Exhibit "A," attached hereto, and WHEREAS, the Applicant filed an Application with the City of Miami Gardens to request a special exception use to allow a child care facility at the
property. 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. Site Plan. That the plans submitted for building permit be
substantially in compliance with plans submitted with this application labeled “Special Exception Application for 16600 NW 25 Avenue Daycare”, as prepared by Nyarko Architectural Group,
Inc., consisting of sheets A-01, A-02, A-03, dated 10/21/2011. 2. Student Size. That the child care facility be limited to up to thirty-four (34) children at any one time. 3. Hours of
Operation. That the child care operation shall be limited between the hours of 6:00am to 6:00pm Monday to Friday. Page 86 of 162
2 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 Applicant shall constitute a covenant running with the land
and shall remain in full force and effect and be binding upon the Applicant, 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. 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 Page 87 of 162
3 permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 10. Executed Copy to be provided to the City. Executed Copy
to be provided to the City Clerk. The Applicant 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 Applicant from complying with this timeframe condition, the Applicant 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. 11. 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. 12. Recording.
The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file this Declaration of record in the Public Records of Miami-Dade County, Florida.
13. Acceptance of Declaration. Applicant acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle Applicant to a favorable recommendation
for 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. 14. Applicant. The term Applicant shall include the Applicant, and its heirs, successors and assigns. 15. 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. Page 88 of 162
4 16. 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. 17.
Entire Agreement. This Agreement and the exhibits attached hereto contain the entire agreement between the parties hereto with respect to the subject matter hereof. This Agreement and
exhibits supersede any prior correspondence, memoranda or agreements in total hereto. 18. Counterparts. This Agreement 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) Page 89 of 162
5 IN WITNESS WHEREOF, Applicant has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print
Name: _________________________ 16600 NW LC Enterprise Corporation BY ITS: PRESIDENT ________________________ Signature ________________________ 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 Shirley S. Gibson Date:___________________________ Page 90 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 STAFF RECOMMENDATION PH-2011-000076 APPLICATION INFORMATION Applicant: 16600 NW LC
Enterprise Corp. Property Location: 16600 N.W. 25 Avenue Property Size: .31 acres Future Land Use: Commerce Existing Zoning: R-25, Multi-family Residential Requested Action(s): 1. Special
exception use to allow a child care facility in the R-25 District. RECOMMENDATION: Staff recommends granting the special exception use for the child care facility at property located
at 16600 N.W. 25 Avenue subject to the following conditions: 1. That the plans submitted for building permit be substantially in compliance with plans submitted with this application
labeled “Special Exception Application for 16600 NW 25 Avenue Daycare”, as prepared by Nyarko Architectural Group, Inc., consisting of sheets A-01, A-02, A-03, dated 10/21/2011. 2. That
the child care facility be limited to up to thirty four (34) children at any one time. 3. That the the child care operation shall be limited between the hours of 6:00am to 6:00pm Monday
to Friday REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce R-25, Multi-Family Residential
residential duplex North Principal Arterial n/a SR 826/Palmetto Expressway South Neighborhood R-1, Single Family Residential single family residence East Neighborhood R-1, Single Family
Residential Vacant West Neighborhood R-1, Single Family Residential single family residence Page 91 of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 The property is currently developed with a 1684 square feet residential duplex use
on an 8090 square foot lot. Access to the property is currently off N.W. 167 Street and also on N.W. 166 Street. To the west and south are single family homes, to the east is a vacant
parcel, and to the north is the 826 Palmetto Expressway. Project Summary/Background • The applicant 16600 NW LC Enterprise Corp. is proposing to renovate the existing residential duplex
and improve the property to operate a child care facility for thirty four (34) children up to three (3) years old. • The duplex will be renovated into three (3) classrooms and the property
improved to provide for ingress/egress off N.W. 25 Avenue with adequate drop-off and pick off for parents, staff parking, and landscaping and recreational open space. Zoning History
There have been no relevant zoning actions on the property that impact the proposed special exception use. Consistency with City of Miami Gardens Comprehensive Development Master Plan
The subject parcel is designated Commerce on the adopted 2006-2016 Land Use Plan (LUP) Map of the Future Land Use Element (FLUE) of the Comprehensive Development Master Plan (CDMP) of
the City of Miami Gardens. Objective 1.3 states: “The Commerce designation is intended for planned urban commercial, urban industrial, urban cultural and economic hubs. The Commerce
areas shall include existing and planned activity centers that are primarily located along the City’s three major roadway corridors.” The proposed child care facility is a commercial
activity that is conducted appropriately in the Commerce-designated areas along the major roadway corridors for convenience of access and minimizing impacts on residential areas. In
this case, the use will be located with easy access off N.W. 167 Street a block east from the N.W. 27th Avenue exit off the Palmetto Expressway, both of which are major arterials of
the City. Conclusion: The child care facility use will be consistent with goals and objectives of the CDMP while protecting the public health, safety, and welfare by design and location.
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:
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16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 (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; (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, stormwater 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.
After After review of the request for special exception use for a child care facility the following findings can be made: • The proposed child care facility is located with frontage
and access off N.W. 167 Street the feeder road for the Palmetto Expressway which minimizes impact and intrusion of non-residential traffic and congestion to the residential neighborhood
to the south of the property. • The child care facility will not increase the scale or bulk of the existing structure while maintaining the residential character of the neighborhood.
• The child care facility will be in compliance with all code and development standards that will minimize detrimental impacts on the surrounding area and not adversely affect the safety,
security, and general welfare of the surrounding residents. • The location of the property along a major roadway arterial has become undesirable for residential use and the child care
facility will not have a detrimental impact on economic values or impact the development of surrounding properties while not overburdening existing public service facilities. Page 93
of 162
16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 Conclusion The proposed request for a child care facility meets the criteria set
forth in the Zoning and Land Development Code for granting of the special exception use. Anticipated Facilities Impact General: Concurrency determinations are not finalized during the
zoning approval process. Specific impacts will be determined at building permit review. Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications
of the applicant’s requests were mailed to property owners within five hundred (500) feet of the subject site to provide them an opportunity to comment on the application. No comments
were received from property owners within that radius at the date of this writing. (See Mailed Notice Radius Map, attached). Attachments: Letter of Intent Hearing Map-Zoning Hearing
Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Page 94 of 162
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City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: December 7, 2011 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance
Reading: (Enter X in box) 1st Reading 2nd Reading n/a x Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No X Contract/P.O.
Required: Yes No RFP/RFQ/Bid #: X Strategic Plan Related: Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev x Public Safety Quality of Education Qual. of
Life & City Image Communication Strategic Plan Obj./Strategy: N/A X Sponsor Name: Dr. Danny Crew, City Manager Department: Planning and Zoning Department Short Title: Information Item
– Update on City’s Landscape Manual and Landscape Regulations Staff Summary: Background Information On April 7, 2010 the City’s Land Development Regulations (LDRs) were adopted, which
in part, contains reference to the City’s Landscape Manual to provide specific, technical and general guidance when applying the City’s landscape and buffering requirements. The City
has been utilizing the Miami-Dade County Landscape Manual while developing its’ own Landscape Manual specific to the City of Miami Gardens. In addition, the City’s landscape regulations
govern tree removal and relocation permits which require a Miami-Dade DERM approval prior to the City issuing its’ own permits. In order for the City to issue tree removal and relocation
permits without first requiring DERM approval the City’s landscape regulations must first be certified by DERM as being compliant and consistent with DERM regulations. ITEM 11-A) MANAGER
REPORT Landscape Manual Update Page 108 of 162
Landscape Manual – Part 1 – Information Item December 7, 2011 Current Situation The City’s landscape regulations deal primarily with two (2) categories of users; residents and residential
properties and all other users i.e. commercial, industrial, institutional etc. The City’s Landscape Manual will be separated into a Part 1, which deals with residents and residential
properties; and a Part 2, which will deal with professional plans preparation for more complicated uses such as commercial and industrial properties. Attached is the first draft of Part
1 for residents, which is being finalized for use in the early part of 2012. The City has submitted to DERM the landscape regulations for certification which will allow the Planning
and Zoning Department to administer the landscape regulations for tree removal and relocations without first requiring DERM approval. This submittal is currently being reviewed by the
County’s Attorney’s office for comments and is expected to take several weeks, at which time comments, amendments, additions etc. will have to be addressed to obtain certification. Proposed
Action: No action is necessary on this item. Attachments: • City of Miami Gardens Landscape Manual – Part 1 -Residents Page 109 of 162
City of Miami Gardens Landscape Manual – Residents Prepared by City of Miami Gardens Planning and Zoning Department – 2011 DRAFT Page 110 of 162
This Manual is for the residents of Miami Gardens and includes information on the following : Choosing your tree Planting your tree Proper tree pruning Choosing a tree service/arborist
Hurricane preparedness for the landscape Pruning tools Ten most asked questions about trees Some Do’s and Don’ts of tree care Tree Removal Application and Instructions for filing an
application Dear Residents, Most of us enjoy the beauty and shade that trees provide around our homes, places of work, and urban environments. While there is no doubt that trees are
a great asset, the rapid growth and development of Florida often appears to be the mortal enemy of our tree resources. This need not be the case. Tree reservation can be compatible with
development Trees and must be respected as living, breathing organisms. We encourage all property owners to join us by improving and maintaining their properties. If we all take pride
in our community, the City of Miami Gardens will be a nicer place to call home. Choosing Your Tree The quality or grade of a tree at planting can have a large impact on its longevity
in the landscape. Better grades of trees will require less pruning after planting and they will become established more quickly. You should always ask for trees graded Florida # 1 when
buying new trees from a nursery. Choosing the "right tree" for the 'right place" is one of the most important landscaping decisions you will make. Proper planning can help you to avoid
future problems from cracked sidewalks to power outages. • Find out how large the tree will be when it matures can reduce your future pruning. Page 111 of 162
• Make sure branching is evenly balanced on all sides of the tree. • Check that tree does not have physical damage to the trunk or branches. • Make sure containerized trees are not pot-bound
or have roots extending out of the container. • Whenever possible, choose tree species that are native to the South Florida area. Planting Your Tree • Plastic "Grow Bags” must be removed
before planting. • Turn over the soil within an area equal to several diameters of the root ball and to a depth equal to the bottom of the root ball. • The depth of planting should be
close to the original depth. Insure that the trunk flair, (where the trunk widens) is just above the surface allowing air to circulate. • It is essential to "water in" or soak the root
ball to assure the removal of air pockets in the soil and get moisture into the roots. Water beyond the root ball to promote root extension. Proper Tree Pruning Pruning is the selective
removal of plant or tree shoots and branches. Pruning is used to enhance safety, to improve the health, control the growth, or enhance flowering, fruiting or appearance of the plant
or tree. Pruning should be a routine part of plant maintenance and not be delayed until the landscape is over grown. Trees should be pruned for the first time 2 to 5 years after planting,
then every 5 to 7 years thereafter. Pruning is best done from winter to early spring (before new growth starts) because wounds close quickly as growth starts in the spring and insect
and disease infestations are less likely. Step back and look at the tree to be pruned. Try to imagine what it will look like when it is going to be larger, and remember that tree limbs
will increase in diameter and lengthen but will not move upward on the trunk as the tree grows. Page 112 of 162
Pruning according to ANSI A 300-95 Pruning should be done according to American National Standard ANSI A300-95, tree, shrub and other woody plant maintenance standard practices. This
standard is intended to apply to any person or entity engaged in the business, trade, or performance of repairing, maintaining, or preserving trees. Crown cleaning: The removal of dead,
dying, diseased, crowded, weakly attached, low-vigor branches, and water sprouts from a tree's crown. Crown thinning: Remove branches to increase light and air penetration while maintaining
the tree’s natural shape. Crown raising: Remove lower branches from a tree to provide clearance for buildings, vehicles, pedestrians and vistas. Crown reduction: Reduce the size of a
tree often to provide clearance for utility lines. Reducing the height or spread of a tree is best accomplished by pruning back the leaders and branch terminals to lateral branches that
are large enough to assume the terminal roles (at least one-third the diameter of the cut stem). Compared to topping, this helps maintain the form and structural integrity of the tree.
Proper pruning cuts In order to make a proper pruning cut, you must first locate the brand collar. The branch collar is an extension of the main stem of the tree where the branch joins
the main trunk. Cutting into the branch collar allows decay to expand into the main trunk of the tree. Page 113 of 162
When pruning: Always make pruning cuts on the outside of the branch collar. Do not leave branch stubs, living or dead. Use sharp hand tools designed for pruning, and wear safety equipment.
Do not paint wounds with pruning paint. It does not prevent decay and may interfere with wood closure. Homeowners should not climb a tree to prune limbs or attempt to prune limbs near
overhead power lines. Never remove more than 1/3 of the live crown in a single pruning. Pruning palms Use special care when pruning palms. A palm will die if the terminal bud is cut
or injured. Some palms such as the Royal Palm will naturally shed old fronds. If they are growing where falling leaves may be hazardous, remove leaves before they drop. Other palms do
not shed fronds as they die. These fronds should be removed because they often harbor insects and rodents, and may become a fire hazard. Cut all palm fronds from the underside tearing
the fibers of the palm stem. Choosing a Tree Service/Arborist Page 114 of 162
It is important to choose a tree care professional. Good arborists will be familiar with proper standards and are able to assist you with all phases of tree maintenance. Homeowners who
rush to accept the service of a tree expert are frequently taken advantage of by fly-by-night amateurs with a pickup truck and chainsaw. The result of this is poor quality work, and
that creates additional long-term costs. The arborist (tree care professional) you will want to hire should: Have an occupational license and a bona fide business in the community. Be
listed in the telephone directory "yellow pages" commonly under tree service. Be fully insured for property damage, personal liability and worker compensation. Be a member of a professional
association such as the National Arborist Association, the Florida Arborist Association, the International Society of Arboriculture, or the American Society of Consulting Arborist. Hurricane
Preparedness for the Landscape Pre-hurricane tree pruning South Florida's hurricane season season goes from June 1 to November 15. When a hurricane watch or hurricane warning is announced,
it is almost too late to start pruning trees to prevent hurricane damage. Trimming trees during squally weather is highly hazardous to the person doing the pruning and may harm objects
in the area, particularly electrical lines. The time to prune is well before a hurricane watch is announced. The best months of trimming are November, December and January, when the
trimmer can use good judgment and will be able to haul away major trimmings or have then chipped and piled up. Prune for strength and form Prune for strength by removing: Multiple trunks
or co-dominant leaders to encourage the growth of one main trunk Prune for form by removing: Page 115 of 162
Excess lateral branches to produce a ladder effect at maturity extend Topping and excessive lifting will damage the tree Both methods of pruning listed below increase the chances of
wind damage in the long run, are violations of City of Miami Gardens and Miami-Dade County Ordinances, and can incur fines to both the tree service and the property owner. Topping Topping
is a type of pruning where most of the canopy is removed from the tree, leaving mostly branch stubs. Topping initiates decay in the trunk and main branches and attracts wood boring insects.
Topping a large tree causes excessive sprouting of weakly attached new branches, and increases wind resistance by creating denser branching patterns. Never top a tree or allow anyone
to top one of your trees. Competent arborists do not top trees. Topping is a violation of City of Miami Gardens and Miami-Dade County ordinances! Excessive Lifting Lifting trees is a
common pruning where the lower branches of the tree are removed to provide clearance for cars, structures, etc. Over lifting, or excessive thinning of trees is a poor pruning practice.
This type of pruning creates a condition where trees become top-heavy, reduces trunk taper and increases chances of branch breakage. It also disfigures the natural form of the tree.
City of Miami Gardens and Miami-Dade County ordinances! Pruning Tools Basic tools used in pruning are hand pruner, loppers, hedge shears and saws (see figure). Hand pruners are used
for small branch and twig cleanup, loppers for branches up to ½ inch in diameter, pruning saws for larger branches and hedge shears for trimming closely clipped formal hedges only. Both
shears and saws are available on poles, which are handy to prune difficult to reach branches. Page 116 of 162
Pruning tools (A) Hand pruners are used to cut branches less than 1/4" in diameter. (B) Loppers are used to cut branches up to ½ in diameter. (C) Hedge shears are used to shear formal
hedges. (D) Saws are used to remove larger branches. (E) Pole saw and pruner are used to prune difficult to reach branches. Ten Most Asked Questions about Trees Q: Do I need a Permit
to remove a tree in City of Miami Gardens? A: Generally speaking yes, however, the following trees are exempted: Florida Holly (Brazilian Pepper), Melaleuca, Schefflera, Norfork lsland
Pine and Australian Pine. Q: Will the City trim the trees in the swale areas? A: Only in cases where they block a street light or a traffic sign. Q: Will the City remove trees in the
swale areas? A: Only in cases where a tree interferes with a street light, fire hydrant, storm water drain or are deemed to be hazardous. Q: Who maintains the trees located in the swale
areas? Page 117 of 162
A: By Ordinance, the owner of that property that abuts a swale where the tree is located, is responsible for the care and maintenance of that tree, as well as any sidewalk. Q: Why do
we have to replace a tree we remove? A: To replenish lost tree canopy. It is estimated that the City of Miami Gardens at present has less than 50% of the desired level of green canopy.
Replacement of trees helps to increase the City's desirable canopy levels. Q: My neighbor's tree is growing into my property and he refuses to trim it; will the City require him to trim
his tree? A: The City considers this a dispute between neighbors and cannot get involved unless the tree is causing a hazardous situation. Q: If my neighbor won't trim his tree and the
City won't make him, what can I do? A: You may trim that part of the tree that extends over your property, but by Ordinance you are required, when trimming trees, to use The American
National Institute A-300 Standards. Q: Do we need a Permit to plant trees? A: No. However, in swale areas there are requirements concerning: streetlights, alley and street intersections,
fire hydrants, storm drains, overhead power lines, width of swale, and the type of trees allowed in these areas. Consultation with the City's Landscape Inspector is advised. Q: How can
we obtain a tree removal/relocation permit? A: Permits are available in 1515 N.W. 167 Street, 305-622-8023 and staff will fax an application to you. Q: Whom do I contract with to cut
my tree? A: Anyone who adheres to the American National Institute A-300 Standards and can produce the appropriate licenses and insurance binders. Some DO'S and DON'Ts of Tree Care Page
118 of 162
DOs When trimming trees, do adhere to the American National Institutes A-300 Standards, which can be obtained from the Planning and Zoning Department. Do obtain a permit when removing
or transplanting a tree, from the Planning and Zoning Department, 1515 N.W. 167 Street, Miami Gardens, Fl 33169. Do make sure, when hiring a tree trimming company that they are Certified
Arborists or they adhere to the A-300 Standards. They must have a valid occupational license and current insurance. If you have to climb a ladder to trim a tree, do hire a professional
tree trimmer instead. Do contact the City's Landscape Inspector, at 305-622-8023, when questions arise concerning trees within the City. DON'Ts Don't trim a tree that is growing within
striking distance of power lines, only FPL or professional tree trimmers are trained to perform this procedure. Don't be pressured by door-to-door tree trimmers into having your trees
trimmed. Obtain bids by other tree trimmers in the business and compare. Don't plant or cultivate cultivate nuisance trees, a list can be obtained from the Office of Planning (954) 921-3471.
Don't top or hatrack a tree (cutting off its top). This is a violation of City of Miami Gardens and Miami-Dade County. Don't paint wounds with pruning paint. It will not prevent decay
and may inhibit wound closure. Don't leave sod around trees, replace it with mulch. Lawn mowers and string trimmers can cause severe damage to the tree. Don't over-prune trees (removing
over 1/3 of the canopy). Page 119 of 162
Page 120 of 162
APPENDIX The following are samples of City of Miami Gardens and DERM forms and instructions for filing application for the following : Landscape Plan Approval for new installation of
landscape Tree Removal and Relocation Permit application for the removal or relocation of trees DERM Tree Removal and Relocation Permit application for the removal or relocation of trees
Keep Miami Gardens Beautiful Community Beautification Grant Information Community Beautification Grant Application Beautification Award Nomination Form Recommended Trees Page 121 of
162
SAMPLE OF CITY OF MIAMI GARDENS TREE REMOVAL AND RELOCATION APPLICATION AND INSTRUCTIONS ON FILING THE APPLICATIION Development Services Department 1515 NW 167th Street, Bldg.5, Suite
200 Miami Gardens, Florida 33169 Phone: (305) 622-8023 Fax: (305) 622-8857 www.miamigardens-fl.gov LANDSCAPE PLAN APPROVAL APPLICATION (Single Family Residence, Duplex, Townhouse) TYPE
OF APPLICATION (check all that apply): Residential (single family, duplex, townhouse) Landscape plan revision New home construction Pending building permit Existing tree removal/relocation
required APPLICANT INFORMATION: APPLICANT’S MAILING ADDRESS, TELEPHONE NUMBER: Name of Applicant: Mailing Address: City: State: Zip: Phone#: E-mail: Office Use Only Date Received: ______________
Process No. _________________ Process No. _________________ Page 122 of 162
OWNER INFORMATION: OWNER’S NAME, MAILING ADDRESS, TELEPHONE NUMBER: Owner’s Name (Provide name of ALL owners): Mailing Address: City: State: Zip: Phone#: E-mail: PROJECT INFORMATION:
1. PROJECT NAME: 2. LIST FOLIO NUMBER OF ALL PARCELS: ADDRESS OR LOCATION OF PROPERTY: (for location, provide general location i.e. NE corner of, etc.) Required Provided Description
Application – original application completely filled out and properly executed. Landscape plans – two (2) sets of landscape plans showing the required information. Please see attached
instructions and guidelines for information required. Landscape Plan Table – two (2) copies of completed table required. Follow instructions and complete the table. Instructions and
blank table are provided with the Instructions and Guidelines enclosed. Tree Removal/Relocation Permit– required ONLY if there are any trees to be removed or relocated requiring a permit.
This is a separate application. See Instructions and Guidelines enclosed for details. Applicant Affidavit – fully executed. See enclosed. SUBMITTAL CHECKLIST Page 123 of 162
Fees: See fee schedule below. Description Fee Applicable Landscape Plan review fee $50.00 $50.00 80% Discount until April 2012 80% discount $-40.00 Subtotal $10.00 Surcharge of 15% $15%
$1.50 Grand Total $11.50 NOTE: Please make all checks payable to ‘City of Miami Gardens’ /Cash, Credit or Debit accepted PROPERTY OWNER (I)(WE), being first duly sworn, depose and say
that (I am) (we are) the owner, duly authorized to sign on behave of the property owner, of the property herein described and which is the subject matter of the proposed application.
(I)(WE) certify that all the forgoing information is accurate and that all work will be done in compliance with all applicable laws regulating construction and zoning. And, (I) (WE)
hereby authorize __________________________________, as the contractor , applicant or contact person to submit and obtain the necessary permit(s). Property Owner Signature: Print Name:
Sworn to and subscribed before me on the day of , 20____. Personally known to me � Produced Identification � Type of Identification Notary (Stamp/Seal) Commission Expires: FEE SCHEDULE
APPLICANT AFFIDAVIT Page 124 of 162
INSTRUCTIONS AND GUIDELINES FOR FILING THIS APPLICATION The following information is provided as general instructions and guidelines for completing this application. Specific requirements
and details provided in the City’s Land Development Regulations and the City’s Landscape Manual may apply that will impact your application. Applicants should refer to all applicable
regulations prior to filing an application and should include all necessary information for compliance with the City’s landscape regulations. Code requirements. Please refer to Article
XIV, MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS, FENCES, WALLS, HEDGES, of the City’s Land Development Regulations for specific regulations that may impact your application. The City’s
Land Development Regulations is available on the City of Miami Garden’s website www.miamigardens-fl.gov STEP 1: Determine if you require a landscape plan approval. When is a Landscape
plan approval required. Prior to the issuance of a building permit, a landscape plan shall be submitted to and approved by the Administrative official or his designee, except for City
installation of landscape and related improvements in rights-of-way. A landscape permit is required for all landscape installations including new single family homes that are not part
of a planned community. No trees or other plant material may be planted in public rights-of-way (swale areas) without a landscape permit from the city. STEP 2: Prepare your landscape
plans and landscape plan table. Preparing a Landscape plan. A landscape plan may be in the form of a survey, plot plan or drawing that may be prepared by the owner or the owner's representative
showing required landscaping detail, including quantity, size and location of shade trees, street trees, sod, lawn and ground cover. Plans shall list the species, common name, size and
caliper of the species to be planted, and note any trees to be removed or relocated. Landscape plans shall include a Landscape Plan Table providing the required information. The Landscape
Plan Table is attached which is required to be completed and submitted with this application. STEP 3: Determining what are the landscape requirements. All single family residences, duplex
and townhouse units are required to provide the following landscaping: Residential shade trees. Three (3) shades required per lot. Trees shall be planted to as to provide shade to residential
structures that are of a height of thirtyfive (35) feet or less. At least two (2) required shade trees shall be positioned in the energy conservation zone as defined herein this chapter.
All exterior air conditioning units, except for air conditioning units placed on the roof, shall be shaded by trees and/or shrubs as referenced in the City’s Landscape Manual. Individual
townhouse units shall be required to meet the same standards as single family residences. One (1) required shade tree shall be allowed to be substituted with a minimum three (3) palm
trees. Page 125 of 162
Street trees. One (1) street tree required per 25.0’ of lot frontage. (1) Height, spacing and species. Street trees shall be of a species as listed in the Landscape manual and which
normally mature at a height of at least twenty (20) feet. Street trees shall have a clear trunk of four feet, an overall height of fourteen (14) feet and a minimum caliper of three (3)
inches at time of planting, and shall be provided along all roadways at a maximum average spacing of twenty five (25) feet on center, except as otherwise provided in these tree regulations.
The twenty five (25) foot average spacing requirement for multiple single-family units such as zerolot-line and townhouse units shall be based on the total linear footage of roadway
for the entire project and not based on individual lot widths. Street trees shall be planted no further apart than sixty (60) foot intervals and no closer than eighteen (18) feet apart
depending on the species. (2) Swale areas. Street trees shall be placed within the swale area or shall be placed on private property where demonstrated to be necessary due to right-of-way
obstructions as determined by the administrative official. Street trees planted along private roadways shall be placed within seven feet of the edge of roadway pavement or, where present,
within seven feet of the sidewalk. Suggested canopy trees that are drought tolerant are strongly encouraged. Appropriate types of street trees shall be in compliance as listed in the
landscape manual. (3) Exceptions. (A) Power lines. Where the height and location of overhead power lines require the planting of low growing trees, street trees shall have a minimum
height of eight (8) feet, a minimum caliper of two (2) inches at time of planting with a maximum average spacing of twenty five (25) feet on center. (B) Street lights. No street trees
shall be located closer than twelve (12) feet from street lights, no palms may be closer than seven (7) feet. (C) Electric, utility lines. The spacing of trees from electric utility
lines must follow those guidelines established by Florida Power and Light publication "Right Tree, Right Place, available from the Public Work's office. Shrubs, hedging. Thirty (30)
required. A continuous, extensively planted greenbelt of shrubs and hedging shall be provided along all property lines abutting a public rights-of-way in accordance the following minimum
standards: All shrubs shall be a minimum of eighteen (18) inches in height when measured immediately after planting. Shrubs shall be provided at ratio of ten (10) per required tree.
Of the provided shrubs at least: 1. Thirty (30) percent shall be native species; and 2. Fifty (50) percent shall be low maintenance and drought tolerant; and 3. Eighty (80) percent shall
be listed in the City’s Landscape Manual. 4. When used as a visual screen, buffer, or hedge, shrubs shall be planted at a maximum average spacing of thirty (30) inches on center or if
planted at a minimum height of thirty-six (36) inches, shall have a maximum average spacing of forty-eight (48) inches on center and shall be maintained so as to form a continuous, unbroken
and solid visual screen within one (1) year after time of planting, except penetrated only at approved points for ingress or egress to the property. Shrubs used as a buffer, visual screen,
or hedge need not be of the same species. 5. The height of any hedge shall not exceed eight (8) feet in height. 6. Hedges may be placed on the property lines, however, this regulation
shall not be construed to permit such hedges to extend beyond the official right-of-way lines or property lines. Page 126 of 162
Sod, lawn areas, ground cover. The front yard area of single family residences must maintain 50% of the area as lawn area. All lawn areas, landscape open spaces and landscape buffers
shall be planted with sod, lawns, or ground cover in compliance with the following standards: (1) Sod and lawn areas. Sod and lawns shall be planted in a species well adapted to localized
growing conditions in the City. Lawn areas may be sodded, plugged, sprigged, hydro mulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion.
In areas where other than solid sod or grass seed is used, over seeding shall be sown for immediate effect and protection until coverage is otherwise achieved. Developers are encouraged
to have at least forty (40) percent of open area reserved as lawn areas. (2) Ground covers. Ground cover plants used in lieu of grass, in whole or in part, shall be planted in such a
manner as to present a finished appearance and reasonably complete coverage within one year after planting. (3) No parking on the required lawn areas is permitted. STEP 4: Where to get
more details and information on the City’s landscaping requirements. Landscape manual reference. Applicants should reference the City’s landscape manual, which provides an illustrative
and descriptive interpretation of the standards and suggested guide for landscaping and irrigation in accordance with the City’s standards and requirements. All plant material and installation
requirements shall be consistent with the landscape manual. When street, shade, palm, trees, and hedging, sods and other vegetation are referenced they shall be installed and shall be
consistent species as with those species listed in the landscape manual, unless otherwise specified. STEP 5: Providing irrigation, and building permit required. Irrigation is required
for all new landscape installations. Details of the required irrigation system can be referenced in the City’s Landscape Manual. The installation of irrigation requires a building permit,
which is a separate requirement from this application. Please contact the Building and Code Compliance Department for more information at 305-622-8027. Irrigation plan required. Irrigation
shall be provided for all landscape areas for single-family, duplex dwelling or townhouse, and shall include irrigation for swale areas. The irrigation plan may be indicated on a plot
plan or a separate drawing prepared by the owner or the owner's agent indicating area(s) to be irrigated, locations and specifications of lines and heads and pump specifications. STEP
6: Is a tree removal/relocation permit required. When a Tree Removal/Relocation Permit is NOT required. If your plan requires a tree to be removed or relocated AND if it is for any of
the following activities, you are NOT required to obtain a tree removal permit: 1. Removal of any dead tree. 2. Removal of any of the tree species listed in the City’s Landscape Manual
as approved for removal without permit. Page 127 of 162
3. Removal of any tree which has been destroyed or effectively destroyed by an act of God, or by acts outside of the control of any person, individually or otherwise, who has or had
a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been prevented by the exercise of reasonable care by that person.
Where a tree has been destroyed or effectively destroyed as described above, it is the intent of this provision to exempt from liability for such destruction or effective destruction
the person who has or had a legal beneficial or equitable interest in the real property upon which such tree is located if the person could not have prevented the destruction by the
exercise of reasonable care. 4. Removing, trimming, cutting or altering of any mangrove tree or removal of any tree located upon land which is a wetland as defined in this Code, provided
the entity has obtained a valid wetlands permit from the appropriate authority. NOTE: For all other tree removals/relocation not listed above a Tree Removal/Relocation Permit is required.
There is a separate permit application that must be filed. A copy of the tree removal permit must be submitted with this application. For questions and inquiries on the DERM tree removal
permit please contact Miami Dade County Department of Environmental Resources Management, Tree Resources section at 305-372-6600. STEP 7: After the installation of all landscaping and
irrigation and any tree removal or relocation. After the installation of all landscaping materials and irrigation and removal or relocation of any trees is complete a final inspection
is required. Contact the Building and Code Compliance Department at 305-622-8027 to schedule the final inspection. A completed Certificate of Landscape Compliance form must be provided
prior to or at time of final inspection, otherwise the final inspection cannot be passed. Complete the form and submit it to Building and Code Compliance Department prior to the final
inspection or have it available at the time of final inspection for the inspector. Approval of final inspection or issuance of certificate of occupancy. The Administrative official or
his designee shall inspect all landscaping and no certificate of occupancy or similar authorization will be issued unless the landscaping meets the requirements of the approve plans.
Certification of landscape compliance required. For a new single-family, townhouse, or duplex residence on its own lot or applicable existing development, the owner or owner's agent
may certify in writing that landscape and irrigation improvements have been installed according to approved plan(s). A copy of the Certification of Landscape Compliance form is enclosed
with this application, and is required to be completed prior to final inspection of the work. Questions and inquiries. For questions and inquiries contact the Planning and Zoning Department
at 305-622-8023. Contact information and Resources: Chapter 34, City Code of Ordinances, Article XIV, MINIMUM MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS, FENCES, WALLS, HEDGES, of
the City’s Land Development Regulations (LDRs) www.miamigardens-fl.gov City of Miami Gardens Landscape Manual www.miamigardens-fl.gov City of Miami Gardens Planning and Zoning Department
– Landscape Plan Approval 305-622-8023 www.miamigardens-fl.gov Page 128 of 162
City of Miami Gardens Building and Code Compliance Department – Final inspections, Irrigation permit information 305-622-8027, www.miamigardens-fl.gov Miami –Dade County Department of
Environmental Resources Management (DERM), Tree Resources Section 305-372-6600 www.miamidade.gov Page 129 of 162
SAMPLE OF TREE REMOVAL/RELOCATION PERMIT APPLICATION AND DERM TREE REMOVAL APPLICATION Development Services Department 1515 NW 167th Street, Bldg.5, Suite 200 Miami Gardens, Florida
33169 Phone: (305) 622-8023 Fax: (305) 622-8857 www.miamigardens-fl.gov TREE REMOVAL/RELOCATION PERMIT APPLICATION TYPE OF APPLICATION: Residential (single family, duplex, townhouse)
Non-residential, commercial, industrial, multi-family APPLICANT INFORMATION: APPLICANT’S MAILING ADDRESS, TELEPHONE NUMBER: Name of Applicant: Mailing Address: City: State: Zip: Phone#:
E-mail: OWNER INFORMATION: OWNER’S NAME, MAILING ADDRESS, TELEPHONE NUMBER: Owner’s Name (Provide name of ALL owners): Mailing Address: Office Use Only Date Received: ______________
Process No. ________________ Page 130 of 162
City: State: Zip: Phone#: E-mail: CONTRACTOR OR DULY APPOINTED AGENT INFORMATION: CONTACT PERSON, MAILING ADDRESS, TELEPHONE NUMBER: Contact Name: Company: Mailing Address: City: State:
Zip: Phone#: E-mail: Required Provided Description Application – original application completely filled out and properly executed. DERM Tree Removal Permit (copy of DERM approval) -submit
and obtain DERM Tree Removal Permit (see attached) and submit copy of approval. Applicant Affidavit (below) Fees: See fee schedule below. CHECKLIST SUBMITTAL Page 131 of 162
Description Fee Applicable ZTSFD Tree Removal/Relocation/single family $50.00 $50.00 ZTOBI Tree Removal/Relocation/all other Surcharge of 15% $140.00 _____ $140.00 _______ Grand Total
$ NOTE: Please make all checks payable to ‘City of Miami Gardens’ /Cash, Credit or Debit accepted INSTRUCTIONS FOR FILING THIS APPLICATION Code requirements. Please refer to Article
XIV, MINIMUM LANDSCAPE AND BUFFERING REQUIREMENTS, FENCES, WALLS, HEDGES, of the City’s Land Development Regulations for specific regulations that may impact your application. The City’s
Land Development Regulations is available on the City of Miami Garden’s website www.miamigardens-fl.gov Permit not required. If your application is for any of the following activities,
you are not required to obtain a tree removal permit: 1. Removal of any dead tree. 2. Removal of any of the tree species listed in the City’s Landscape Manual as approved for removal
without permit. 3. Removal of any tree which has been destroyed or effectively destroyed by an act of of God, or by acts outside of the control of any person, individually or otherwise,
who has or had a legal, beneficial or equitable interest in the real property upon which such tree is located, which acts could not have been FEE SCHEDULE Page 132 of 162
prevented by the exercise of reasonable care by that person. Where a tree has been destroyed or effectively destroyed as described above, it is the intent of this provision to exempt
from liability for such destruction or effective destruction the person who has or had a legal beneficial or equitable interest in the real property upon which such tree is located if
the person could not have prevented the destruction by the exercise of reasonable care. 4. Removing, trimming, cutting or altering of any mangrove tree or removal of any tree located
upon land which is a wetland as defined in this Code, provided the entity has obtained a valid wetlands permit from the appropriate authority. Permit required. Applicants are required
to obtain a tree removal/relocation permit for all other activities except as described above. A completed application shall be filed with the required fee to the Planning and Zoning
Department for review and issuance of the permit. DERM permit required. Before submitting the tree removal/relocation application to the City applicants are instructed to complete and
submit to Miami-Dade County DERM the attached DERM tree removal permit application. Once DERM has approved the permit, a copy of the DERM approval shall be included with this application
for the City to issue a permit. Questions and inquiries. For questions and inquiries contact the Planning and Zoning Department at 305-622-8023. For questions and inquiries on the DERM
tree removal permit please contact Miami Dade County Department of Environmental Resources Management, Tree Resources section at 305-372-6600. Page 133 of 162
PROPERTY OWNER (I)(WE), being first duly sworn, depose and say that (I am) (we are) the owner, duly authorized to sign on behave of the property owner, of the property herein described
and which is the subject matter of the proposed application. (I)(WE) certify that all the forgoing information is accurate and that all work will be done in compliance with all applicable
laws regulating construction and zoning. And, (I) (WE) hereby authorize __________________________________, as the contractor , applicant or contact person to submit and obtain the necessary
permit(s). Property Owner Signature: Print Name: Sworn to and subscribed before me on the day of , 20 __. Personally known to me � Produced Identification � Type of Identification Notary
(Stamp/Seal) Commission Expires: APPLICANT AFFIDAVIT Page 134 of 162
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