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2012-118-1713-Z-128 - CE Land Partners LLC1515  NW  167  Street, Building  5  Suite  200    Miami  Gardens, Florida  33169    City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: September 5, 2012 Item Type: (Enter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1 s t Reading 2 n d Reading 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 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. 2012____ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE ZONING APPLI CATION SUBMITTED BY CE LAND PARTNERS, LLC FOR VARIANCE OF SECTION 34-348 OF THE CITY’S LAND DEVELOPMENT CODE, TO ALLOW PERMITS TO BE ISSUED ON PROPERTY WITHOUT FRONTAGE ON A PUBLIC STREET; APPROVING A VARIANCE OF SECTION 34-342 OF THE CITY’S LAND DEVELOPMENT CODE TO ALLOW DEVELOPMENT OF A MULTI-FAMILY DEVELOPMENT ON A LOT WITH ZERO (0) FEET FOR FRONTAGE ON A PUBLIC RIGHT-OF-WAY WHERE A MINIMUM OF 100 FEET IS REQUIRED, ON THAT CERTAIN PROPERTY GENERALLY LOCATED SOUTHEAST OF “THEORETICAL NORTHWEST 25TH AVENUE” AND “THEORETICAL NORTHWEST 185TH TE RRACE” MORE PARTICULARLY DESCRIBED AS EXHIBIT “A” ATTACHED HERETO; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. ITEM 11-B) RESOLUTION/PUBLIC HEARING CE Land Partners LLC Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082    Staff  Summary:  Background In 2006 the City approved public hearing applicati on PH-2006-08 allowing the multi-family residential development of Emerald Place on the property. Since 2006 the development has not commenced and the City has obtained ownership of a majority of th e property with the applicant, CE La nd Partners LLC (Cor nerstone) owning a seven (7) acre parcel east of theoretical N.W. 25 Avenue and south of theoretical N.W. 185 Terrace (southeast of the new City Hall site). The original zoning approval in 2006 encompassed the larger property and had access and frontage to N.W. 27 Avenue and N.W. 191 Street. Current Situation The applicant is proposing to develop the seven (7) acre portion of the overall 46.91 acre property as multi-family residential under the City’s Land Deve lopment Regulations (LDRs), however, currently the parcel has no frontage or access to a public roadway. The LDRs require that properties have a minimum frontage on, and access to, a public roadway as part of the regulations for zoning approva l. Currently, the City is under contract to build what will be N.W. 185 Terrace as part of the new City Hall project which will allow access to the property. There are future plans to improve and build N.W. 25 Avenue fron ting the applicant’s property. However, for development approvals (i.e. platting, site plan approval, and permitting) to progress a variance is required of these two regulations until such time as the roadways are improved and dedicated. Proposed  Action:  Recommend adoption of the Resolution subject to the following conditions: 1. Site Plan . The Applicant as a condition of Tentative Plat approval and/or Site Plan approval shall dedicate to the City the property to provide for the improvement of theoretical N.W. 25 Avenue abutting the subject property and for the improvement of a roundabout or of other approved design to improve the intersection of theoretical N.W. 185 Terrace and theoretical N.W. 25 Avenue. 2. Roadway Improvement . Prior to the issuance of the first Certif icate of Occupancy, the Owner shall make or cause to be made a contribution of the sum of On e Hundred Fifty Thousand Dollars ($150,000.00) to the City of Miami Gardens’ Special Revenue Fund, to be specifically designated to pay for the roadway improvements of N.W. 191 Street/ “theoretical N.W. 25 Avenue” north of the subject property; said improvements to be determined and pr ovided by the City; such improvements shall be provided by the City prior to the issuance of a Certificate of Occupa ncy for any improvements within the property. Attachments:  Exhibit “A” - Legal Description  Exhibit “C” – Declaration of Restrictive Covenants  Exhibit “B” - Staff Recommendation Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082   EXHIBIT “A” LEGAL DESCRIPTION Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082   EXHIBIT “A” LEGAL DESCRIPTION 3 52 41 37 .698 AC M/L MIAMI GARDENS PB 2-96 PORT OF TRS 37 38 39 40 61 62 63- 64 67 68 93 94 99 100 DESC BEG 2182.13FTS & 331.28FTE OF NW COR; 3 52 41 7.00 AC M/L MIAMI GARDENS PB 2-96 PORTS OF TRS 93 & 94 & 99 & 100 DESC AS BEG 245.26FTN OF SW COR OF TR 99 CONT N586.38FT E520FT; 3 52 41 2.21 AC M/L MIAMI GARDENS PB 2-96 PORT OF TRS 37 & 38 DESC BEG 2182.13FTS & 66FTE OF NW COR OF SEC TH N 87 DEG E 265.88FT S 02 Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 1515 N.W. 167 th Street Building 5, Suite 200 Miami Gardens, Florida 33169 This Instrument Prepared by: Sonja K. Dickens, Esquire 1515 N.W. 167 th 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, CE Land Partners, LLC ("Applic ant"), owns certain property generally located east of “theoretical Northwest 25th Avenue” and south of “ theoretical Northwest 185 th Terrace”, more particularly descri bed on Exhibit "A," attached hereto, and WHEREAS, the Applicant fil ed an Application with the City of Miami Gardens for a variance of Section 34-348 of the City’s Land Development Code to allow permits to be issued on property without frontage on a public street a variance of Section 34-342 of the City’s Land Development Code to allow development of a multi-family development on a lot with zero (0) foot frontage on the public right-of-way, and IN ORDER TO ASSURE the City of Miami Gardens t hat the representations made by the Applicant will be abided by, the A pplicant, subject only to conditions contained herein, freely, vol untarily and without duress, make s the following Declaration of Restrictions covering and running with the Property: 1. Site Plan . The Applicant as a condition of T entative Plat approval and/or Site Plan approval shall dedicate to the Cit y the property to provide for the improvement of theoretical N.W. 25 Avenue abutting the subject property and for 2 the improvement of a r oundabout or of other approve d design to improve the intersection of theoretical N.W. 185 Te rrace and theoretical N.W. 25 Avenue. 2. Roadway Improvement . Prior to the issuance of the first Certificate of Occupancy, the Owner shall make or caus e to be made a contribution of the sum of One Hundred Fifty Thousand Dollars ($150,000.00) to the City of Miami Gardens’ Special Revenue Fund, to be spec ifically designated to serve as the Applicant's contribution to roadway improvements of N.W. 191 Street/“theoretical N.W. 25 Avenue” north of the subject property and to the construction of a roundabout or of other approved design to improve the intersection of “theoretical N.W. 185 Terrace”/”theoretical N.W. 25 Avenue”; said improvements to be determined and provided by the City. The City agrees to provide access to the Applicant’s property by constructing roadway improvements to N.W. 191 Street/”theoretical N.W. 25 th Avenue and/or to “theoretical N.W. 185 Terrace”/”theoretical N.W. 25 Avenue” prio r to the issuance of a Certificate of Occupancy for any improvements wit hin the Applicant’s property.  3. City Inspection . As further part of this Declar ation, it is hereby understood and agreed that any official inspector of t he City, or its agents duly authorized, may have the privilege at any time duri ng 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. 4. Covenant Running With the Land . This Declaration on the part of the Applicant shall constitute a covenant runni ng with the land and shall remain in full force and effect and be binding upon the A pplicant, 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. 5 . Term . This Declaration is to run with the land and shall be binding on all parties and all persons claiming from the date th is Declaration is recorded. This Declaration shall be in effect for a period of thirty (30) year s from the date of recordation in the public records of Miam i-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 ex ecuted by the then Applicant(s) of the Property, and applicable mortgagees, if any, provided t hat same is approved by the City Council after public hearing. In such event, the Mayor or City Manager shall execute a written instrum ent suitable for recordation acknowledging such modification, amendment or release. 6. Modification, Amendment, Release . This Declaration of Restrictions may be modified, amended or released as to the land herein described, or any portion 3 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 permi tted under the City's Code, whichever by law has jurisdiction over such matters, after public hearing. 7. 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 disbursem ents 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 remedi es available at law or in equity. Jurisdiction shall be proper in Miami-Dade County. 8. 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 authoriz ed to withhold any further permits, and refuse to make any inspecti ons or grant any approvals, until such time as this Declaration is complied with. 9. Executed Copy to be provided to the Ci ty. 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 execut ed copy of the Declarati on of Restrictions within thirty (30) days of the appr oval 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 writ ing, 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. 10. Election of Remedies . All rights, remedies and pr ivileges 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 remedi es, nor shall it preclude the party exercising the same from exercising such other additional rights, remedies or privileges. 11. Recording . The City, at Applicant's expense following the approval of the same by the City of Miami Gardens, shall file th is Declaration of record in the Public Records of Miami-Dade County, Florida. 12. 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 or approv al of any application, zoning or 4 otherwise, and the City Council retains it s full power and authority to deny each such application in whole or in part, and to decline to accept any conveyance. 13. Applicant . The term Applicant shall in clude the Applicant, and its heirs, successors and assigns. 14. Waiver . Each and every covenant and agreem ent contained herein shall be for any and all l purposes hereof constr ued 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 part y 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 co venants, conditions or agreements contained herein. 15. Severability . All rights, powers and remedies provided herein may be exercised only to the extent that the exercise t hereof does not violate any then applicable law and shall be limited to the extent nec essary to render the real covenants herein valid and enforceable. If any te rm, provision, covenant or agreement contained herein or the applicat ion thereof to any person, entity or circumstance shall be held to be invalid, illegal or unenfor ceable, the validity of the remaining terms, provisions, covenants or agreement s or the application of such term, provision, covenant or agr eement to persons, entities or circumstances other than those to which it is held invalid or unenforceable shall not be affected thereby. 16. Entire Agreement . This Agreement and the exhibi ts 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. 17. 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: _________________________ Print Name:_______________ _______________________ CE Land Partners, LLC BY ITS: PRESIDENT ________________________ Signature ________________________ Print Name _________________________ Date ACCEPTANCE The City of Miami Gardens, hereby accept s this Declaration of Restrictions hereby made by ____________________. CITY OF MIAMI GARDENS, FLORIDA Attest: _________________________________ By:_____________________________ City Clerk Mayor Oliver Gilbert, III Date:___________________________ Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082 EXHIBIT “B” STAFF RECOMMENDATION Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082 STAFF RECOMMENDATION PH-2012-000082 APPLICATION INFORMATION Applicant: CE Land Partners LLC (Cornerstone) Property Location: east of theoretical N.W. 25 Avenue and south of theoretical N.W. 185 Terrace (southeast of the new City Hall site) Property Size: 7.00 acres Future Land Use: Commerce Existing Zoning: R-25, Multi-Family Reside ntial, R-1, Single Family Residential Requested Action(s): 1. A variance of section 34-348 of the City’s Land Development Regulations to allow permits to be issued on property without frontage on a public street; 2. A variance to section 34-342 of City’s Land Development Regulations to allow de velopment of a multi-fa mily development on a lot with zero (0) foot frontage on a public righ t-of-way where a minimum of one hu ndred (100) feet is required; RECOMMENDATION: Staff recommends appr oval of the Resolution wi th conditions. Th e conditions are as follows: 1. Access. That the applicant, prior to tentative plat and/or site plan approv al, proffer to the City a Declaration of Restrictive Cove nants which shall include, but not be limited to, that access to the property will be from N.W. 185 Street or another public right-of-way prio r to issuance of the first Certificate of O ccupancy on the development. 2. Platting: Pursuant to subdivisions standards set forth in Article VII of the City’s Land Development Regulations, platti ng is required. The Planning a nd Zoning Department will not approve building permits until a T-Plat has be en approved and the final Certificate of Occupancy not issues until the final plat is recorded. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Designation Zoning Classification Existing Use Site Commerce R-25, Multi-Family and R-1, Single Family vacant North Commerce R-25, Multi-Family vacant South Commerce PCD, Planned Corridor Development Shopping center Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082 East Neighborhood R-1, Single Fam ily Residential park West Commerce PCD, Planned Corridor Development Shopping center The seven (7.0) acre parcel is vacant and unimproved, as is the pr operty to the north. To the west and south are developed with co mmercial uses and to the east is a County’s library walking path/park. Project Summary/Background  In 2006 the City approved public heari ng application PH-2006-08 allowing the multi-family residential development of Emerald Place on the property. Since 2006 the development has not commenced and the City ha s obtained ownership of a majority of the property with the applicant, CE Land Partners LLC (Cornerstone) owni ng a seven (7) acre parcel east of theoretical N.W. 25 Avenue and south of theore tical N.W. 185 Terrace (southeast of the new City Hall site).  The original zoning approval in 2006 encompas sed the larger propert y and had access and frontage to N.W. 27 Ave nue and N.W. 191 Street.  The applicant is proposing to develop the se ven (7) acre portion of the overall 46.91 acre property as multi-family residential under the City’s Land Development Regulations (LDRs), however, currently the parcel has no fr ontage or access to a public roadway. The LDRs require that properties have a mini mum frontage on, and access to, a public roadway as part of the regulatio ns for zoning approval.  Currently, the City is under contract to build what will be N.W. 185 Te rrace as part of the new City Hall project which will allow access to the property. There are future plans to improve and build N.W. 25 Avenue fronti ng the applicant’s property. However, for development approvals (i.e. platting, site plan approval, and permitting) to progress a variance is required of these tw o regulations until such time as the roadways are improved and dedicated. Zoning History In 2006 the City approved public hearing app lication PH-2006-08 allowing the multi-family residential development of Emerald Place on the pr operty. The applicant at the time proffered a Declaration of Restri ctions recorded in Official R ecords Book 24840, Pages 3471 through 3483 of the Public Records of Miami-Dade County. Th e applicant has request ed a release of the Declaration of Restrictiv e Covenants. All previous zoning approvals are considered abandoned and not in effect. Consistency with City of Miami Garden s Comprehensive Development Master Plan The subject parcel is desi gnated 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. Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082 Objective 1.3 states: “The Commerce designation is intended for planned urban commercial, urban industrial, urban cultural and economic hubs. The Comm erce areas shall include existing and planned activity centers that are primarily lo cated along the City’s three major roadway corridors.” Policy 1.3.4 states: “The location of Commerce areas shall em phasize access to public transportation .” Policy 1.3.5 states: “Future development and redevelopment in Co mmerce areas shall be designed to provide attractive urban places to live, work, and shop”. Policy 1.3.6 states: “Uses that consistent with the Comme rce land use category include mixed use developments such as Urban Center, Urban Core and Golden Glades-Palmetto Area, single use developments including Urban Co mmercial and Office, Urban Industrial, residential development including Medium De nsity Residential, Medium-High Density Residential, High Density Residential, and Very High Density Residential, plus Public and Semi-Public uses”. The requested variances are required to allow th e progress of a proposed multi-family residential development on the 7.0 acres is lo cated just east off N.W. 27 Av enue, one of the City’s major arterials with access to public transportation, the new City Hall and civic center and the City’s Town Center area are all c onducive with creating an urban place to live, work and shop. Conclusion: The proposed variances will allow development of the property consistent with the goals and objectives of the CDMP. Zoning Review and Analysis The City Council may grant or deny approval of a variance and waiver request as set forth in Section 34-47(h) of th e City’s Zoning and Land Development Code: Sec. 34-47- Granting of variances and waivers. “(h) Criteria for granting variances. Upon appeal or direct applic ation in specific cases to hear and grant applications fo r non-use variances and waivers of this chapter, when authorized, the zoni ng appeals board may grant approval, approval with conditions of the applica tion 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 Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082 involved would result in a parti cular hardship upon the owner, as distinguished from a mere inconvenie nce, 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 gene rally applicable to other property within the vicinity. (3) The alleged difficulty or hardship was not deliberately crea ted to establish a use or structure which is not othe rwise consistent with this Code. (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 subst antially 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 va riance that will make possible the reasonable use of the land, bu ilding, or structure; (7) The granting of the variance request w ill be in harmony with the general intent and purpose of these regulat ions and the comprehensive plan; (8) Nonconforming use of neighboring lands, structures, or bui ldings in the same zoning district, and the permitte d use of lands, structures, or buildings in other zoning districts, sh all not be considered grounds for the authorization of a variance; and (9) Financial hardship is not the only evi dence of a hardship considered in the authorization of a variance. The requested variances will allow the acce ss to, frontage on, and development of the unimproved parcel that is curren tly land locked as the new City Hall project to the west and future projects to the north are developed and access from public roadwa ys are obtained. Such necessary access is consistent with not be c ontrary to the above cr iteria for granting the variances. Conclusion The criteria for granting of the variances as se t forth in the Zoning and Land Development Code are met. Dolphin Center South Vari ance, September 5, 2012 PH-2012-000082 Anticipated Facilities Impact General: Concurrency determinations are not fina lized during the zoning approval process. Specific impacts will be determined at building permit review. Public Notification/Comments In accordance with the Land Development Regulati ons, two (2) notifications of the applicant’s requests were mailed to property owne rs within a five hundred (500) f oot radius of the subject site to provide them an opportunity to comment on th e application. No comments were received from property owners within that radi us at the date of this writi ng. (See Mailed Notice Radius Map, attached). Attachments: Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map