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2017-120-3225 Miami Gardens Towers LLC City of Miami Gardens Agenda Cover Memo Council Meeting Date: July 12, 2017 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: N/A Advertising Requirement: Yes No x Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A X Sponsor Name: Cameron D. Benson, City Manager Department: Planning and Zoning Short Title: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY MIAMI GARDENS TOWERS, LLC, FOR PROPERTY GENERALLY LOCATED AT 350 NORTHWEST 215TH STREET, FOR AN EXTENSION OF A TEMPORARY NON- USE VARIANCE TO ALLOW OFF-STREET PARKING ON A NATURAL SURFACE WHERE PAVEMENT AND DRAINAGE IS REQUIRED; PROVIDING FOR A DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE Staff Summary: Background On March 3, 2010, the City Council of the City of Miami Gardens adopted Resolution No. 2010-49-1231- Z-92 permitting a temporary non-use variance to allow off-street parking and storage of 550 vehicles from the adjacent automotive dealership on a natural surface, where pavement and drainage is required. Under this Resolution the City Council also passed a non-use variance for the same property located at 350 NW 215th Street, Miami Gardens, Florida, to allow a fence height of ten (10) feet where a maximum height of six (6) feet is permitted, in order to provide security for the vehicles. The Resolution was PZ-2017-001980 Miami Gardens Tower, LLC Renewal of Temporary Non-Use Variance approved subject to a Declaration of Restrictive Covenants, which permitted the parking and storage of vehicles to be permitted for (5) years only, after which time the use “shall be considered terminated, abandoned and discontinued…” Per the Declaration, the non-use variance expired on May 3, 2015. Current Situation Warren Henry Automotive (WHA) continues to use the property to park and store vehicles in inventory. This has allowed the dealership to offer a greater selection and availability of vehicles and minimizes the impacts on City streets by not having to utilize City streets to constantly transfer vehicles back and forth, also reducing congestion. WHA has outgrown its current facilities and plans to relocate and vacate the subject parking area by the end of December 2018. The applicant intends to return the area to its pre-parking, landscaped condition at that time. The applicant, Matthew Coglianese of Rasco-Klock-Perez-Nieto, on behalf of Miami Gardens Tower, LLC, is requesting a renewal of the temporary non-use variance through the end of December 2018. Proposed Action: It is recommended the City of Miami Gardens City Council renew Resolution No. 2010-49-1231-Z-92 permitting a temporary non-use variance to allow off-street parking and vehicle storage on a natural surface, where pavement and drainage is required, with an expiration date of December 31, 2018. Attachment: Exhibit A- Previous Resolution No. 2010-49-1231-Z-92 EXHIBIT “A” Return to: (enclose self-addressed stamped envelope) Name: Ronetta Taylor, City Clerk 18605 Northwest 27th Avenue Miami Gardens, Florida 33056 This Instrument Prepared by: Sonja K. Dickens, Esq. City Attorney 18605 Northwest 27th Avenue, Suite 339 Miami Gardens, Florida 33056 SPACE ABOVE THIS LINE FOR PROCESSING DATA SPACE ABOVE THIS LINE FOR PROCESSING DATA DECLARATION OF RESTRICTIONS WHEREAS, Owner, Miami Gardens Tower, LLC, by and through Michael J. Umano, President of Miami Gardens Tower, LLC (“Owner”), proposes to use the property located at 350 Northwest 215th Street, for the purpose of temporary parking and storage for up to five hundred fifty (550) new vehicles for a new car dealership in the vicinity. Owner is seeking approval of certain non-use variances of land area as follows: 1. A temporary non-use variance to allow off-street parking on natural surface where pavement and drainage is required; and IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Owner will be abided by the Owner, subject only to conditions contained herein, freely, voluntarily and without duress, the Owner makes the following Declaration of Restrictions covering and running with the land: 1. Operation and Maintenance Restrictions. a. That the unusual use of the parking and storage of vehicles shall be considered terminated, abandoned and discontinued on December 31, 2018; 2 b. Upon termination, abandonment or discontinuance of the use on the property the Owner shall return the property to its original natural environmental state, and remove all improvements; c. That the parking of vehicles shall be for new, untitled vehicles only; d. That the Owner provide a cross access agreement from the abutting property owner to the east providing access to the proposed ingress/egress point; e. That the Owner shall apply for and obtain a Certificate of Use from the City for a commercial parking lot prior to the establishment of the use; f. That the property shall be properly secured, and patrolled as to not result in a nuisance to the surrounding property owners; i. That the property shall be maintained in its natural environmental state, safe and except any overgrowth of ground material; g. No tree(s) shall be removed or relocated without first obtaining a permit from the City; and 2. 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. 3. Covenant Running With The Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 4. 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 3 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. 5. 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. 6. 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. 7. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. (SIGNATURE PAGE TO FOLLOW) 4 IN WITNESS WHEREOF, Owner has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ ________________________ Michael J. Umano, for Miami Gardens Tower, LLC _________________________ 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 Cameron D. Benson, City Manager Date:___________________________ EXHIBIT “C” 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 City Attorney 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, Owner by and through David Fenton, Trustee (“Owner”), proposes to use the property located at 350 Northwest 215th Street, for the purpose of temporary parking and storage for up to five hundred fifty (550) new vehicles for a new car dealership in the vicinity. Owner is seeking approval of certain non-use variances of land area as follows: 1. A temporary non-use variance to allow off-street parking on natural surface where pavement and drainage is required; and 2. A non-use variance to allow a fence height of ten (10) feet where a maximum height of six (6) feet is permitted. IN ORDER TO ASSURE the City of Miami Gardens that the representations made by the Owner will be abided by the Owner, subject only to conditions contained herein, freely, voluntarily and without duress, the Owner makes the following Declaration of Restrictions covering and running with the land: 2 1. Operation and Maintenance Restrictions. a. That the property be developed substantially in compliance with plans submitted entitled “Access Site Plan To Property” as prepared by Leiter, Perez & Associates, Inc., dated March 21, 2008 consisting of one (1) sheet; b. That the unusual use of the parking and storage of vehicles shall be considered terminated, abandoned and discontinued five (5) years from the date of approval of this Application; c. Upon termination, abandonment or discontinuance of the use on the property the Owner shall return the property to its original natural environmental state, and remove all improvements; d. That the parking of vehicles shall be for new, untitled vehicles only; e. That the Owner provide a cross access agreement from the abutting property owner to the east providing access to the proposed ingress/egress point; f. That prior to issuance of a final development order for any other use on the property if within the five (5) year approval period, that the vehicle parking and storage use shall be abandoned and discontinued; g. That the Owner shall apply for and obtain a Certificate of Use from the City for a commercial parking lot prior to the establishment of the use; h. That the property shall be properly secured, and patrolled as to not result in a nuisance to the surrounding property owners; i. That the property shall be maintained in its natural environmental state, safe and except any overgrowth of ground material; i. No tree(s) shall be removed or relocated without first obtaining a permit from the City; and k. That the Owner apply for and obtain a permit for the installation of a fence, and any other improvements requiring a building permit on the property prior to the establishment of the use. 2. 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 3 of the building and zoning regulations and the conditions herein agreed to are being complied with. 3. Covenant Running With The Land. This Declaration on the part of the Owner shall constitute a covenant running with the land and shall remain in full force and effect and be binding upon the Owner, and his heirs, successors and assigns until such time as the same is modified or released. These restrictions during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the public welfare. 4. 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. 5. 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. 6. 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. 7. Authorization for Miami Gardens to Withhold Permits and Inspections. In the event the terms of this Declaration are not complied with, in addition to any other remedies available, the City is hereby authorized to withhold any further permits, and refuse to make any inspections or grant any approvals, until such time as this Declaration is complied with. 4 (SIGNATURE PAGE TO FOLLOW) 5 IN WITNESS WHEREOF, Owner has executed this Declaration. ________________________ Print Name:______________ ________________________ Print Name: ________________________ Print Name: _________________________ ________________________ David Fenton, Trustee _________________________ 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:___________________________