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2011-194-1587-Z-115 - Approving the application of Enterprise Corporation 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 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 16600 NW LC Enterprise Corp – Special Exception Child Care Facility PH-2011-000076, December 7, 2011 EXHIBIT “A” LEGAL DESCRIPTION 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. 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. 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 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 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. 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) 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:___________________________ 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 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: 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. 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