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2003-43-Z2 APPROVING THE ZONING APPLICATION BY DAVID AND MARILYN ZINNRESOLUTION NO. _2n£a^^-Z2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE ZONING APPLICATION SUBMITTED BY DAVID AND MARILYN ZINN (Z03-23) SUBJECT TO CERTAIN CONDITIONS; PROVIDING FOR AN EFFECTIVE DATE. I. RECITALS WHEREAS, on December 3, 2003, the City Council of the City of Miami Gardens, held a public hearing on David and Marilyn Zinn's application (03-23) for the following zoning request(s): 1. District Boundary Change from BU-IA to BU-3. PROPERTY ADDRESS: 18975 N.W. 2 Avenue, City of Miami Gardens, Florida. WHEREAS, notice has been provided to all interested parties and a neighboring jurisdiction regarding the application. WHEREAS, a public hearing of the City Council was advertised and held as required by law and all interested parties concerned in the matter were heard, and upon due and proper consideration having been given to the matter and upon the agreement of the applicant to provide a Declaration f Restrictions limiting the BU-3 uses permitted, which Declaration shall be attached to this Resolution as Exhibit "A"; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, THAT: H. APPROVAL The request to permit a district boundary change from BU-1A to BU-3 on the property described hereinabove, is approved subject to the following terms and conditions; a. Applicant shall proffer a Declaration of Restrictions limiting the BU-3 uses permitted to open lot sales, storage and rental of new and/or used vehicles and ancillary vehicle maintenance in compliance with all BU-3 uses and other requirements in Chapter 33 of the Miami-Dade Coimty Code, excluding such uses as lumber yards, gun shops, fertilizer stores and contractor's plants and storage yards and ftirther limiting themselves to all the uses permitted in BU-1 A and BU- 1 zoning districts. Said Declaration shall be attached to this Resolution as Exhibit Zinn Reso b. Applicant's property requires platting in accordance with Chapter 28 of the Miami-Dade County Code and Applicant should contact the Florida Department of Transportation regarding any concerns on State Road 441. c. That the use be established and maintained in accordance with approved plans. d. The Applicant complies with all conditions and requirements of the Department of Environmental Resource Management (DERM). III. SEVERABILITY AND EFFECTIVE DATE. 1. If any section, subsection, clause of provision of this Resolution is held invalid, the remainder shall not be affected by such invalidity. All Resolutions or parts of resolutions in conflict herewith shall be and hereby are repealed. 2. This Resolution shall become effective upon adoption. PASSED and ADOPTED this day of December, 2003. ATTEST: Ronetta Taylor, CMC<jcity Clerk ^ Shirley Glbsofi,^Mayor APPROVED AS TO FORM ANDiEOATrStlFFICIENCY: s OtNiiox, City Attorney VOTE: 7-0 Councilwoman Watson moved, and Council Bravnon seconded approval of the requested zoning modifications, and upon a roll call the vote was 7 -0 in favor: Mayor Gibson Vice Mayor Campbell Councilman Bratton Councilman Braynon Councilwoman King Councilwoman Pritchett Councilwoman Watson X yes X yes X yes X yes X yes X yes X yes no no no no no no no Zinn Reso STATE OF FLORIDA ) )ss: COUNTY OF MIAMI-DADF ) I, RONETTA TAYLOR, Clerk of the City of Miami Gardens, Florida, do hereby certify that the eQ00 3above and foregoing is a true and correct copy of Resolution No. 03-Z- adopted by the City Council at its meeting held on 3^'' day of December, 2003. metta Taylor^CMC uRonetta Taylor, CMC, / / City Clerk Issue date: OH:ch Zinn Reso This Instrument was Prepared By: Name: W. Chad Williard, Esq. ^ Address: Carlos Williard & Flanagan, P.A. 999 Poncc dc Leon Blvd., Suite 1000 Coral Gables, FL 33134 (Space Reserved tor Clerk of ihe Court) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds fee simple title to the land in the City of Miami Gardens, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property," which is supported by the attorney's opinion, and l^HEREAS, the city of Miami Gardens, Florida (the "City") currently recognizes and utilizes the ordinances codified in the Code of Miami-Dade County, Florida (the "Code"), as may be amended from time to time, as the laws which govern all real property located in the CitY. IN ORDER TO ASSURE the City that the representations made by the Owner during consideration of Public Hearing No. 03-023 (the "Application") will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions (the "Declaration") covering and running with the Property: iitt Declaration of Restrictions . Page 2 of 6 . ' (1) Permitted Uses. That only the following uses shall be permitted on the Property: (a) All uses permitted in the BU-1 District ("Neighborhood Business District"), as set forth in Section 33-238 of the Code, as may be amended from time to time; (b) All uses permitted in the BU-1 A District ("Limited Business District") as set forth in Section 33-247 of the Code, as may be amended from time to time; (c) Open lot sales, rental and storage of new and/or used vehicles (and the maintenance/servicing of vehicles, within the Property's existing garage area, ancillary to the vehicle sales/rental/storage use) as permitted in Section 33-255(3) of the Code, as may be amended from time to time. (2) Citv 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 may be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions Declaraiion of Restrictions Page 3 of 6 dunng their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of the City and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City, (4) Term. This Declaration is to mn with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which lime it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owneifs) of the Property has been recorded agreeing to change the covenant in whole, or in pan, prov ided that the Declaration has (irsl been modined or released by the City. (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 ail of the Property, including joinders of all mortgagees, if any, provided that the same is aiso approved by the City Council of Miami Gardens, Florida, ("City Council"), or other procedure or governing board permitted under the Code, whichever by law has jurisdiction over such matters, after public hearing, if required. Declaration of Restrictions • • Page 4 of 6 r • (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 f declaration shall be entitled to recover, in addition to costs and disbursements allowed by law, such sum as the Court may adjudge to be reasonable for the ser\'ices of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. (7) Authorization for Citv to Withhold Permits and Inspections. In the event the terms of this Declaration are not being 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. (8) 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. (9) Presumption of Compliance. Where construction has occurred on tlie Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, Declaration of Restrictions Page 5 of 6 then such construction, inspection and approval shall create a rebuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. (10) Severabilitv. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion. (11) Recording. This Declaration shall be filed of record in the public records of Miami-Dade County, Florida at the cost to the Owner following the adoption by the City Council of a resolution approving the application. (12) Acceptance of Declaration. The Owner acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or 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. (13) Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. [Execution Page Follows] Declaration of Restrictions Page 6 of 6 Signed, witnessed, executed and acknowledged this of 2003. Witnesses: By: Print Name: Print Kanae: Bv: Print Name: 4^ Print Name: David iM. & Marilyn Zinn David M. Zinn Address:^ 99?? CoLuitJS Aotg BftL H/hAcsnit'/Zj ^ 33.1.5:^ Marilvn Zi Address:_ 9999 Cout'it^ A-df/ r^LH- STATE OF FLORIDA COUNTY OF DADE / The foregoing instrument was acknowledged before me this day of MOVf-m^Pi? . 2003 by David M. & Marilyn Zinn who are personally known to me or who produced as identification. My Commission Expires: Notary Public, State of Florida at Large fcxnMtb: juty 11, c^t Bonded ThmNotafyPiiifclJndefwrtOT EXHIBIT "A" Lot 1 and 12, Block 12, Block 7, and the West '/2 of a 20 foot alley, WESTON VILLAGE, according to the plat thereof, as recorded in Plat Book 48 at Page 42 of the Public Records of Miami-Dade County, Florida. Street Address; 18975 NW 2"'' Avenue, Miami, Florida 33169 X* 3. DAVID M. & MARILYN ZINN 03-12-CMG-3 (03-23) (Applicant) CMG Hearing Date: 12/3/03 Property Owner (if different from applicant) Same. Is there an option to purchase □ / lease □ the property predicated on the approval of the zoning request? Yes □ No 0 Disclosure of interest form attached? Yes □ No 0 Previous Zoning Hearings on the Propertv: Year Applicant Request Board Decision NONE Action taken today does not constitute a final development order, and one or more concurrency determinations will subsequently be required. Provisional determinations or listings of needed facilities made in association with this Initial Development Order shall not be binding with regard to future decisions to approve or deny an Intermediate or Final Development Order on any grounds. 1^'")' V ^ \l y Qfifpbaif- 'y 7^€> \ MIAMI-DADE COUNTY DEPARTMENT OF PLANNING AND ZONING RECOMMENDATION TO THE CITY OF MIAMI GARDENS APPLICANT: David M. and Marilyn Zinn ,PH: Z03-23 (03-12-CMG-3) SECTION: 1-52-41 DATE: December 3,2003 ITEM NO.: 3 A. INTRODUCTION o REQUEST: BU-1A to BU-3 o SUMMARY OF REQUEST: The request will allow the applicant to change the zoning on the subject property from limited business district, to liberal business district. o LOCATION: 18975 N.W. 2 Avenue, City of Miami Gardens, Florida, o SIZE: 1 acre o IMPACT: The rezoning of the property will provide more liberal commercial uses on the site which may impact the surrounding area. B. ZONING HEARINGS HISTORY: None. C. COMPREHENSIVE DEVELOPMENT MASTER PLAN (CDMP): The Adopted 2005 and 2015 Land Use Plan designates the subject property as being within the Urban Development Boundary for business and office. D. NEIGHBORHOOD CHARACTERISTICS: ZONING LAND USE PLAN DESIGNATION Subject Property: BU-1A; used car lot Business and Office Surrounding Properties: NORTH: BU-IA; used car lot Business and Office David M. and Marilyn Zinn 03-023 Page 2 SOUTH: BU-1A: office building Business and Office EAST: RU-1; an alley and single family Residential, low density, 2.5 to residences 6 dua WEST: RU-3M; auto rentals and sub Shop Business and Office The subject parcel is located on the southeast corner of NW 2"" Avenue (State Road #441) and NW 190h Street. There is currently a used car business on the site. The corridor along the east and west side of NW 2""^ Avenue is characterized with a myriad of zoning designations and corresponding uses. There is a used car lot located immediately to the north and an automobile dealership north of the aforementioned used car lot. SITE AND BUILDINGS: Site Plan Review: Scale/Utilization of Site: Location of Buildings: Compatibility: Landscape Treatment: Open Space: Buffering: Access: Parking Layout/Circulation: VisibilityA/isual Screening: Energy Considerations: Roof Installations: Service Areas: Signage: Urban Design: Acceptable N/A Acceptable N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A N/A F. PERTINENT REQUIREMENTS/STANDARDS: The Board shall hear and grant or deny applications for district boundary changes taking into consideration that same must be consistent with the CDMP, with applicable area or neighborhood studies or plans, and would serve a public benefit. The Board shall take into consideration if the proposed development will have a favorable or unfavorable impact on the environmental and natural resources of Miami-Dade County, 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 as a result of the proposed development. The Board shall consider if the development will have a favorable or unfavorable impact on the economy of Miami-Dade County, if it will efficiently or unduly burden water, sewer, solid waste disposal, recreation, education, public transportation facilities, including David M. and Marilyn Zinn 03-023 Page 3 mass transit, roads, streets, and highways or other necessary public facilities which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, street or highways. G. NEIGHBORHOOD SERVICES: DERM No objection Public Works No objection Parks No objection MDTA No objection Fire Rescue No objection Police No objection Schools No comment H. ANALYSIS: The subject property is located at 18975 N.W. 2 Avenue. The applicant is seeking a district boundary change from BU-1A, Limited Business District, to BU-3, Liberal Business District. The Department of Environmental Resources Management (DERM) has no objections to this application and has indicated that it meets the Level of Service (LOS) standards set forth in the Master Plan. The Public Works Department has no objection to this application and states that this application is similar to the existing usage and will not generate any new vehicle trips. Additionally, the land requires platting in accordance with Chapter 28 and the applicant should contact the Florida Department of Transportation regarding any concerns on State Road #441. This application will allow the applicant to provide additional commercial uses on the site. Specifically, this application will allow the applicant to have a used car lot on the parcel with all the ancillary uses therein. The Master Plan designates this site for Business and Office. The proposed BU-3 zoning permits a used car lot as a matter of right and would be consistent with the CDMP. The Miami-Dade Zoning Code permits used car sales in the BU-1A district so long as said use is conducted ancillary to new car sales. There are no new car sales conducted on the site. The applicant further states that they will proffer a Declaration of Restrictions limiting the BU-3 uses permitted to open lot sales, storage and rental of new and/or used vehicles, and ancillary vehicle maintenance in compliance with all BU-3 zoning requirements in Chapter 33. They are further limiting themselves to all the uses permitted in the BU-1A and BU-1 zoning districts. The BU-3 district permits, but is not limited to, such uses as lumber yards, gun shops, fertilizer stores, and contractor's plants and storage yards which would be too intensive for this property. Resolution Z-79-96 approved a use variance to permit the sale of used vehicles in the BU-1 A zoning district on a site just north of the subject parcel. Subsequently, in 2002 the Community Zoning Appeals Board-3 approved through Resolution CZAB3- 6-02 a zone change from BU-1 A to BU-3 on a property two lots removed to the north from the subject parcel. State Road #441 is characterized withsimilar new and used car dealerships. Staff is of the opinion that the approval of this application, with the David M. and Marilyn Zinn 03-023 Page 4 use restrictions imposed by the covenant, will be consistent with the CDMP and compatible with the area. I. RECOMMENDATION: Approval of the zone change to BU-3, subject to the Board's acceptance of the proffered covenant. J.CONDITIONS; None. DATE INSPECTED: DATE TYPED: DATE REVISED: DATE FINALIZED: DO'QW:AJT;MTF:REM;JED 11/17/03 11/17/03 11/17/03; 11/19/03; 11/20/03 11/20/03 Diane O'Quinn Williams, Director / Miami-Dade County Department of Planning and Zoning 5^ TO: FROM: tMIAHI-OADC mem ORANDUM ' 3 Ml LIIMIimillHIIII"IW Diane O' Quinn-Williams, Direaor Department of Planning and Zoning DATE: SUBJECT; October 30,2003 C-03 #Z2003000023'2"^ Revision David M; & Marilyn Zinn 18975 NW 2"^ Avenue DEC fiom BU-IA to BU-3 (BU-IA) (1.0 Ac.) 01-52-41 .^yce Robertson, Assistant Director Environmental Resources Management DERM has reviewed the subject application and has determined that it meets the nminam requirements of Chapter 24 of the Code of the Miami-Dade County, Flonda. A^r^y, DERM may approve the application and it may be scheduled for public hearing^ DEm Im also evaluated the request insof^ as the general environmental impact that may denve from it, and based upon the available information offers no objection to its approval Pntable Water Supply: . , r_ Public water can be made available to this site, therefore, connection will be requirecJ. Eidsting public water facilities and services meet the Level of Service (LOS) standards set forth fo ie Comprehensive Development Master Plan (CDMP). Purthennore. the proposeddevelopment order, if approved, wifl not result in a reduction m the LOS standards subject to con^jliance with the conditions required by DERM for this proposed development ordei. Sd^p^^taiy sewer is presently tocated approximately 1490 feet from the subject property. Therefore, connection to the public sanitaiy sewer system is not feasible. Section 24^13(6) of the Code prohibits the approval of any building permit, certificate of use and occupancy, municipal occupational license, platting action or zoning action for any nonresidential land use served or to be served by any liquid waste storage, disposal or treatment method other than public sanitary sewers or any source of potable water supply other than a public water main. However, Section 24-13(6)(g) of the Code provides an administrative review proceduro for the use of septic tank disposal systems for certain nonresidential land uses, subject to DERM review and approval The Director of DERM has determined that the subject application complies with the provisions of Section 24.13(6)(g) of the Code. Accordingly, the sulgect property h^ been approved for the interim use of a septic tank and drainfield system as a means for the disposal of domestic liquid waste in conjunction with (he existing or proposed land use and ^se land uses peimitted in the underlying zoning classification which are compatible with the use of said disposal system, as determined by DERM. Additionally, the owner of the prop^y has submitted properly executed covenants lunning with the land in favor of Miami-Dade (piunty as required by the Section 24-I3(4)(a) and 24-13(6)(g) of the Code. Consequeiitly, thedepaitmei.i may approve the application, and the same may be scheduled for pubhc heaimg. ''C-03 #22003000023-2"^ Revision n David M- & Marilyn Zinn Page 2 A'rr^^r^S'retained oa utffimg poperiy designed seepage oi MltredonAU stoimwater ^ n i-jj. diall provide for full on-site retention of the stonnwater oV^-'^aomi evit Pollution Control devices sbaH te retptied M all drainage inlet structures. A No Notice General Environmental Resource Permit fiom DERM shaU be r^ired for the™ "st^ m applic^t is advised to contact DEEM in order to obtanr addrnonal information conceroing perrmtting requnements. Site grading and devetopment shall comply with the requirements of Chapter IIC of the Code of Miami-Dade County. Anv proposed development shaU comply with County and Federal flood criteria re^mem^s^The pioLsed development order, if approved, will not result m a redu^on m the ^<;eivfoe ^dards for flood protection set forth in the Comprehensive Development Mastwwiflt the conditions required by DEEM for tins proposed development order. records indicates that the sulject site is currently pennrtted by under iudnstiial waste peimtt IW5.4926 (Daytona Custom Qcle^ andwith storage tank peimit OT-1130 (Salnm of North Dade). he property rs a peooleum contaminated site currently in a state admimstered cleanup program. A search within 500 feet of the property was conducted to nimtify sires with cutieat orhistorical contammation issues. The sites listed below were identified: Union 76 19001 NW Avenue UT-20SPetroleum contaminated site. Cununtly m a state administered cleanup progi-ara Warren Henry Motors 18990 NW 2"^ Avenue TJX-2666 Former petroleum contaminated site. Case closed on August 8,1990. Warren Henry Motors 18900 NW Avenue Ur-524 Petroleum contaminated site. Currently in a state administered cleanup program. toSn24-35?M the Code authorizes DEEM to requite operating penints torn facilities tto™f pollution The applicant should be advised that due fo ^ ^ land uses pennitted under the proposed zouing clas^atiom operati^ pe^ fmm^^ may be required. It is therefoie suggested that the applicant contact DEEM concerning operating requkomcnts. ~J C-03 #22003000023-2"^ Revision • . David M. & Marilyn Zinn Page 3 Code lequires the presgvadon of gee resoBrces. A Miami-Dade Com^Pri" to S ««.val or «lo^n of any apphcan.. advised to contact DERM staff for pemntting procedures and requirements. ^STon^^^S^ ^L,nten>on.a. DS'te'fo'S'Se following for tha anbjact prop«ty identiflad on the Miann-Dada Connty Dopaitmont of Planning and Zoning, Zoning Haaiing prehminary noOa. Warren Henry Motorcars/ 18975 NW 2 Avenue OT-llBO Saturn of North. Dade 9/10/90- Hydrocarbon contamination in the groundwater was documented by DERM- Discharge Report Form (DRF) is received by DERM. 11/21/90- Notice of Required Testing Plan was approved by DERM. Site is approved for State of Horida's FDEP Early Detection Incentive Program (EDI). 6/17/92 - Monitoring Only Plan (MOP) is disapproved by DERM. 10/19/93-DERM performed annual sampling event for hydrocarbons, grease. Sanmle results revealed levels below detection lumts (BDL) for metals', oil and grease, however, site continues to be under State clean-up program for hydrocarbon contaminfltion- 6/17/02- Site assessment report/ Contamination Assessment R^ort (SAR/CAR) isrequired. A pre-approval work order is issued by DERM. Sampling and monitoring requirements are approved through DERM. 8/28/02 - SAR/MOP is approved by DERM. 10/15/02-DERM received notification of site score of 30, therefOTe, site reme^ work has stopped due FDEP interim operating procedures for sites scored at 30 to 49. Resumption of clean-up is pending FDEP anthorization. hZ c^SId a concurrency review for this appHcation ^ that tl '"same meets all applicable Levels of Service standards for an mitial development order,as specified in the adopted Comprenensive Devebpment Master Plan for potable water supply, C-03 #22003000023-2"^ Revision David M- & Marilyn Zinn wastewat^ disposal ami flood protecuoa ias been appro«d for concurrency subject to the comments and conditions contained hcrem. not constitute a final concnnency statement and is valid only-nus concun-ency approval d^s n ^ ^ adopted-.methodology for concurrency for this mitial development order F anv assurance that the LOS standards„view. Addidoaany,fois^^ <^;~~^^ ^ would be met by any subsequent development orow yy property, I, „ " cc;Ruth Ellis-Myers, Zoning Evaluation-P&ZLynneTalleda, Zoning Hearings-PiS^ Franklin Gutierrez, Zoning Agenda Coordmatoi-P&Z 1 PH# 03-23 CMG PUBLIC WORKS DEPARTMENT COMMENTS Applicant's Name: David M. & Marilyn Zinn This Department has no objections to this application. Since this development abuts a State maintained road (NW 2 Ave.), the applicant must contact the district office at 305-470-5367, certain restrictions may apply. This land requires platting in accordance with Chapter 2 8 of the Miami-Dade County Code. The road dedications and improvements will be accomplished thru the recording of a plat.. The proposed use of this application is similar to the existing usage and will not generate any new vehicle trips; therefore it meets the traffic concurrency criteria for an initial development order. Raul lo. P . L. S . NOV. 1 9 2003 Date 10 TEAM METRO NORTHEAST OFFICE ENFORCEMENT HISTORY DAVID M. & MARILYN ZINN APPLICANT 18975 NW 2 AVENUE, Miami Gardens, Florida ADDRESS 12/03/2003 DATE 03-23 HEARING NUMBER CURRENT ENFORCEMENT HISTORY: May 22, 2002 First inspection c October 04, 2002 October 04, 2002 October 22,2002 January 24, 2003 April 09, 2003 April 16, 2003 onducted by Officer Russ Brunetto revealed no motorcycle repairs in progress. Case closed. Second inspection conducted by Officer Russ Brunetto revealed an unusual use in progress without a Certificate of Use and Occupancy for Unlawfully establishing an Usual or New Use without prior approval at a Public Hearing. Citation #776120 was posted in the amount of $500.00 for an illegal business. Property owner filed for a SMA Hearing. Hearing rescheduled. Affirmed - results Guilty. Affidivat of Compliance. Penalty paid and Case closed. II 10: 3 - - -r TRACT A 410 IRU-2 6 5 i 4 ;^_ 3 VreT'gi io . • ->■* •• -12 li: 12 7L - - L -9BU-211 6BU-1A 6 \ I I I ftu-t8- I BU-31 32a^iiS1 i -■ - t r - - - + ■ 1"!15; 1416; isij: 11; lo; 9 : 8 ; 7 : ; : I ' ;ji I I 1i Nw" 190 109 ST GU HI 2><BU--2 2 : 3 i 4 ; 5 1 6 g'T's T 7 03-023i» NW 189 h ' -u - 15. 141 i 16 10 h 198r I 1214 \1 TER -3Ol ><RU.1 1. ij; 25 - ^i is; 155 »2;!:8 ; 73 I 9ATR6- • • -I-_ -111 12!i.'10 STCM189NW BU-1A 1;Af; sjTR A I L.14--J;I 16' 15< i6 !i: 10 : 95T - 11 12'TR B10 . .1 _ - J. - - - f 'i: R A MIAMl-DADE COUNTY HEARING MAP Section: 01 Township: 52 Range: 41 Process Number: 03-023 Applicant: DAVID M. & MARILYN ZINN C.M.G Council Zoning Board: C03 Drafter ID: DIONNE Scale: 1:200' 200' N V77^ SUBJECT PROPERTY MIAMI-OADEJ O: ZONMO ORAfTMH « VU m—im rxT!T5 p 1 iV--<m m '^i ■<■ i <V ur ?r> nm i(!:j 0cMjf ^ET0'^0 A1^ UJHi «]ri fi ♦v*><STu190NWJLk\f S ^ I 03-023 It*j!►LU >< ...'^:' -- t-i- ■ M '%jiib-Ci^n CS 5• V \W #.Zjr TER189NW?fc.e^MHTVyuV r54 ^Z W 5«c s?I ;tI> K f»'T S-'c ST189NWF I n .» ir- % ^ S C A L E NTS I SUBJECT PROPERTY MIAMI-DADE COUNTY AERIAL Section: 01 Township: 52 Range: 41 Process Number: 03-023 Applicant: DAVID M. & MARILYN ZINN C.M.G Council Zoning Board: C03 Drafter ID: DIONNE Scale: NTS O: lomtQ OKAFma PMn. 1: A (J |) S G-'' ^fcyK--*— This Instrument was Prepared By: Name: W. Chad Wiiliard, Esq. Address: Carlos Wiiliard & Flanagan, P.A. 999 Ponce de Leon Blvd., Suite 1000 Coral Gables, PL 33134 lllllilllilllllllllillllllllllllllllllllillil CFN 2004-R004^220-t OR Bk 21985 Pas 3226 - 3232? (7p3s> RECORDED 01/20/2004 14:55:56 HARVEY RUVINf CLERK OF COURT niAMI-DADE COUNTYr FLORIDA (Space Reserved for Clerk of the Court) DECLARATION OF RESTRICTIONS WHEREAS, the undersigned Owner holds fee simple title to the land in the City of Miami Gardens, Florida, described in Exhibit "A," attached hereto, and hereinafter called the "Property," which is supported by the attorney's opinion, and WHEREAS, the city of Miami Gardens, Florida (the "City") currently recognizes and utilizes the ordinances codified in the Code of Miami-Dade County, Florida (the "Code"), as may be amended from time to time, as the laws which govern all real property located in the City. IN ORDER TO ASSURE the City that the representations made by the Owner during consideration of Public Hearing No. 03-023 (the "Application") will be abided by, the Owner freely, voluntarily and without duress makes the following Declaration of Restrictions (the "Declaration") covering and running with the Property: 7p t Declaration of Restrictions Page 2 of 6 (1) Permitted Uses. That only the following uses shall be permitted on the Property: (a) All uses permitted in the BU-1 District ("Neighborhood Business District"), as set forth in Section 33-238 of the Code, as may be amended from time to time; (b) All uses permitted in the BU-1 A District ("Limited Business District") as set forth in Section 33-247 of the Code, as may be amended from time to time; (c) Open lot sales, rental and storage of new and/or used vehicles (and the maintenance/servicing of vehicles, within the Property's existing garage area, ancillary to the vehicle sales/rental/storage use) as permitted in Section 33-255(3) of the Code, as may be amended from time to time. (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 may be recorded, at Owner's expense, in the public records of Miami-Dade County, Florida and shall remain in full force and effect and be binding upon the undersigned Owner, and their heirs, successors and assigns until such time as the same is modified or released. These restrictions Declaration of Restrictions Page 3 of 6 during their lifetime shall be for the benefit of, and limitation upon, all present and future owners of the real property and for the benefit of the City and the public welfare. Owner, and their heirs, successors and assigns, acknowledge that acceptance of this Declaration does not in any way obligate or provide a limitation on the City. (4) Term. This Declaration is to run with the land and shall be binding on all parties and all persons claiming under it for a period of thirty (30) years from the date this Declaration is recorded after which time it shall be extended automatically for successive periods of ten (10) years each, unless an instrument signed by the, then, owner(s) of the Property has been recorded agreeing to change the covenant in whole, or in part, provided that the Declaration has first been modified or released by the City. (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 Council of Miami Gardens, Florida, ("City Council"), or other procedure or governing board permitted under the Code, whichever by law has jurisdiction over such matters, after public hearing, if required. Declaration of Restrictions Page 4 of 6 (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 adjudge to be reasonable for the services of his attorney. This enforcement provision shall be in addition to any other remedies available at law, in equity or both. (7) Authorization for City to Withhold Permits and Inspections. In the event the terms of this Declaration are not being 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. (8) 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. (9) Presumption of Compliance. Where construction has occurred on the Property or any portion thereof, pursuant to a lawful permit issued by the City, and inspections made and approval of occupancy given by the City, Declaration of Restrictions Page 5 of 6 then such construction, inspection and approval shall create a rcbuttable presumption that the buildings or structures thus constructed comply with the intent and spirit of this Declaration. (10) Severabflity. Invalidation of any one of these covenants, by judgment of Court, shall not affect any of the other provisions which shall remain in full force and effect. However, if any material portion is invalidated, the City shall be entitled to revoke any approval predicated upon the invalidated portion. (11) Recording. This Declaration shall be filed of record in the public records of Miami-Dade County, Florida at the cost to the Owner following the adoption by the City Council of a resolution approving the application. (12) Acceptance of Declaration. The Owner acknowledges that acceptance of this Declaration does not obligate the City in any manner, nor does it entitle the Owner to a favorable recommendation or 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. (13) Owner. The term Owner shall include the Owner, and its heirs, successors and assigns. [Execution Page Follows] Declaration of Restrictions Page 6 of6 Signed, witnessed, executed and acknowledged this of 2003. Witnesses: By: Print Name: Print Name: ^ Print Name: J^>/v£p By: ^ C Print Name: David M. & Mariivn Zinn Vf Zinn C—David M. Zinn Address:^ 99?? CoLLitJS /^tg BftL 3315'^ Mariivn Zi Address: 9999 Co A-dc? Wr%Rf?>Daf<. 33 STATE OF FLORIDA COUNTY OF DADE I The foregoing instrument was acknowledged before me this day of Uov/^lilAfi? . 2003 by David M. & Marilyn Zinn who are personally known to me or who producfed as identification. otaryy Public, State o( Florida /at Large My Commission Expires: SANDRA ROTELUNI -V A MY COMMISSION #00192880y. Jtal EXPIRES: July 11,2007 Undefwritera OR BK 21985 PG 3232 LAST PAGE EXHIBIT "A" Lot 1 and 12, Block 12, Block 7, and the West H of a 20 foot alley, WESTON VILLAGE, according to the plat thereof, as recorded in Plat Book 48 at Page 42 of the Public Records of Miami-Dade County, Florida. Street Address: 18975 NW 2"'^ Avenue, Miami, Florida 33169 L" V I . fe' >■