HomeMy WebLinkAbout2017-120-3225 Miami Gardens Towers LLC
City of Miami Gardens
Agenda Cover Memo
Council Meeting Date: July 12, 2017 Item Type:
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Resolution Ordinance Other
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Fiscal Impact:
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Yes
No Ordinance Reading:
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1st Reading 2nd Reading
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Yes No Yes No
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Funding Source: N/A Advertising Requirement: Yes No
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Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A
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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;
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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
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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)
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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:
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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
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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.
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(SIGNATURE PAGE TO FOLLOW)
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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:___________________________