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2019-012-414 SafeCam Program ORDINANCE NO. 2019-012-414 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING CHAPTER 34 - ZONING AND LAND DEVELOPMENT, SECTION 34-45.2. - SITE PLAN APPROVAL, OF THE CODE OF ORDINANCES BY ESTABLISHING A REQUIREMENT FOR NEW COMMERCIAL DEVELOPMENTS OR REDEVELOPMENTS AND NEW MULTI-FAMILY DEVELOPMENTS OR REDEVELOPMENTS TO PARTICIPATE IN THE CITY OF MIAMI GARDENS SAFECAM PROGRAM; GRANTING PARTICIPANTS A TEN PERCENT (10%) REDUCTION IN IMPACT FEES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Gardens Police Department ("MGPD") SafeCam Program gives the police the ability to access voluntary participants' private security cameras for the purpose of observing, interdicting and obtaining visual video documentation of illegal activity, and WHEREAS, expansion of the SafeCam program by mandating the participation of new commercial developments and redevelopments and new multi-family developments and redevelopments, in accordance with MGPD specifications, will further enhance security throughout the City of Miami Gardens, and WHEREAS, in exchange for the transmittal of their camera feeds to MGPD's Real Time Crime Center, participants will be granted a ten percent (10%) reduction in impact fees, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: CHAPTER 34 - ZONING AND LAND DEVELOPMENT, SECTION 34-45.2. - SITE PLAN APPROVAL Submittal requirements. Application by owner of interest in subject property. The application for site plan approval shall be submitted by the owner of an interest in the land, which is to be developed on a on a completed application form approved by the city, accompanied with the required fee. If the applicant is not the fee simple property owner, a limited power of attorney from the fee simple property owner authorizing the applicant to act on his/her behalf is required. The application shall be made on forms approved by the administrative official and shall be accompanied by such documentation as, in the judgment of the administrative official, will be necessary to determine compliance with this chapter as well as minimum submission requirements found in this section. The application shall be made to the department of planning and zoning accompanied by the necessary fees and all applicable submittal requirements as set forth herein this section. The following shall be required to be submitted with an application for site plan approval.- (1) pproval:(1) Letterof intent. The applicant shall submit a detailed letter of intent with a statement of objectives indicating: a. The general purpose of the development; b. The density, number and type of dwelling units to be constructed; c. The method and time schedule of development and improvements to be made as part of the project; d. The type and square footage of nonresidential development including floor area ratios, pervious and impervious surface areas, and other standards as may be required; and e. For any site plan for residential units, the applicant shall include a statement indicating whether the residential units are intended to be owner occupied or rental units. (2) Survey. A boundary survey drawn to an appropriate engineering scale sufficient to show and to depict the location of existing property lines for both private and public property, existing contours shown at a contour interval of no greater than two feet, streets, buildings, watercourses, transmission lines, sewers, bridges, culverts and drain pipes, water mains, public utility easements, wooded areas, streams, lakes, marshes, and any other physical improvements and conditions on the site. (3) Site plan. A site plan shall be drawn to an appropriate engineer's scale showing: a. The proposed grading plan; b. The width, location, typical section, and names of proposed streets; Page 2 of 8 Ordinance No.2019-012-414 c. The width, location and names of surrounding streets including any/all rights-of-way and easements; d. The zoning district categories and existing land uses on properties adjacent to the proposed development; e. The use, size, location and height of all proposed buildings and other structures; f. The location of phase lines indicating all applicable construction phases; g. The off-street parking and loading plan; h. A circulation diagram showing vehicular and pedestrian movements including any special engineering features and traffic regulation devices; i. The location and size of common open spaces and public or quasi-public area; and j. Statistical information, including: 1. Total acreage of the site; 2. Maximum building coverage expressed as a percentage of the total site area; 3. The area of land devoted to open space expressed as a percentage of the total site area; 4. The calculated density in dwelling units/acre or intensity as F.A.R. for the project; 5. Parking calculations for required parking and provided parking categorized by uses; and 6. The area of land devoted to rights-of-way, transportation easements, parking and other transportation facilities expressed as a percentage of the total site area. (4) Engineering plan. Civil engineering plans drawn to an appropriate engineer's scale depicting: a. Existing drainage and sewer lines; b. The disposition and/or retention of sanitary waste and storm water; c. The source of potable water; d. The location and width of all utility easements and rights-of-way; e. All roadways, alleyways, driveways, improved and proposed; and f. All easements, reservations of easements of record and proposed. (5) Landscape plan. Landscaping plan drawn to an appropriate engineer's scale depicting: a. All landscape areas, including swale and abutting properties to be landscaped; b. All specimen trees or groups of specimen trees, indicating those to be retained, removed, or relocated; Page 3 of 8 Ordinance No.2019-012-414 c. The location, height, and material for walks, fences, walkways, and other manmade landscape features; and d. Any special landscape features including but not limited to, manmade lakes, hardscape materials, land sculpture, and waterfalls. (6) Development phasing plan. Development phasing plan with schedule showing order of construction, proposed date for the beginning of construction and completion of the project as a whole and any phases thereof, and construction staging areas. (7) Covenants, grants, easements, dedications and restrictions. Submittal of any covenants, grants, easements, dedications and restrictions to be imposed on the land, buildings, and structures, including proposed easements for public utilities and instruments relating to the use and maintenance of common open spaces and private streets. Such instruments shall give consideration to access requirements of public vehicles for maintenance purposes. (8) School concurrency. For developments with a proposed residential component, the applicant shall submit a completed school impact analysis form. (9) Design standards. Plans of the design standards for the development depicting the following: a. Elevations of front and sides of buildings with indications of materials and dimensions; b. Elevations of accessory buildings, if proposed, with indications of materials and dimensions; c. Paving materials, d. Palette of exterior materials and their colors; and e. Color rendering in perspective. (10) Application and fee. Completed application on form approved by the city, accompanied with the required fee. (11) Additional information. Additional and relevant information, which is deemed to be appropriate by the city to ensure consideration of all relevant issues. W (12) Waiver of submittal requirements. The administrative official shall have the discretion to waive, if deemed appropriate, any of the required submittal items. (f� (13) Determination of completeness. Page 4 of 8 Ordinance No.2019-012-414 (a} a. Within five working days after receipt of an application for site plan approval, the city shall determine whether the application contains all required information at the required level of detail. In the event it is determined that the application is not complete, the city shall notify the applicant of the areas of insufficiency and shall specify the additional information and level of detail required in order to declare the application complete. (2} b. In the event that an applicant fails to submit the required additional information within 30 calendar days of notification of insufficiency, the city may consider the application to be withdrawn. (�4 c. An extension may be granted by the city at the written request of the applicant provided that the applicant demonstrates just cause. Such extension shall be for a time certain. (g4 14 Design review criteria. The administrative official may approve, approve with conditions, defer, or deny the application, or if acting in an advisory capacity, make a recommendation therefore, after consideration and review of the following: (4) a. The development, as proposed, conforms to the comprehensive development master plan for city, and is consistent with the recommendations of any applicable neighborhood or area studies or master plans which have been approved by action of the city council, and is otherwise compatible with the existing area or neighborhood development; ()b. The proposed development site plans, landscape plans, engineering plans and other required plans conform or will conform with all applicable city codes; including design standards as set forth in this chapter; (- 4 c. The development, as proposed, will efficiently use or not unduly burden water, sewer, solid waste disposal, education, recreation or other necessary public facilities which have been constructed or planned and budgeted for construction in the area; (4) d. The development, as proposed, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, public streets, roads and highways, which have been planned and budgeted for construction in the area, and if the development is or will be accessible by private or public roads, streets, or highways; and (-5) e. The development provides necessary and adequate vehicular circulation, pedestrian access, ingress/egress, and is configured in a manner to minimize hazards and impacts on adjacent properties and adjacent rights-of-way. (4� (15) Imposition of conditions. Upon approval with conditions, or recommendation therefore, the administrative official may impose conditions as deemed necessary to ensure compliance with code requirements or minimize or mitigate the impacts of the application on public facilities, adjacent properties and the surrounding neighborhood, including but not limited to the following: Page 5 of 8 Ordinance No.2019-012-414 L11a. Require city council approval as may be required for compliance with applicable code requirements. R4 b. Require the property be platted, or waiver of plat filed prior to issuance of building permit of issuance of certificate of occupancy. f34 c. Require submittal of revised and completed plans to the city meeting the conditions imposed by the DRC prior to issuance of building permit of prior to issuance of certificate of occupancy. {4d. Require applicant to proffer a declaration of restrictive covenants inclusive of conditions of approval and other proffered restrictions on the development as required, or recommended as the case may be, by the administrative official. �5) e. Require applicant to dedicate, reserve, or grant easements for future improvements as may be deemed necessary by the city. {C} f. Require applicant to proffer a unity of title for lands subject to the development as deemed necessary prior to issuance of building permit. q4 g. Require applicant to submit planning studies, traffic impact analysis, parking analysis, cost estimate studies, drainage studies, or other studies as deemed necessary by the city as requiring further review. (9) h. Require the applicant to post or bond or other form of surety for any improvements as deemed necessary prior to issuance of building permit or issuance of certificate of occupancy. kg} i. Require that all applicable fees, contributions, or proffered contributions be paid prior issuance of building permit or issuance of certificate of occupancy. 40� L Require that large scale residential developments provide park and recreation areas within the developments. 444 k. Impose any other condition that is deemed necessary in protecting the public health, safety and welfare, inclusive of mitigating, or minimizing impacts as result of the proposed development. I. New commercial developments or redevelopments and new multi-family developments or redevelopments are required to participate in the Miami Gardens Police Department Safecam program and permit the transmittal of their camera feeds to the Miami Gardens Police Department's Real Time Crime Center. Owners of an interest in the land, that are mandated to participate pursuant to this subsection, shall receive a ten percent (10%) reduction in impact fees. (4 (16) Appeals. An applicant may appeal any order, requirement, decision or determination by filing such petition with the zoning appeals board in accordance to section 34-46. (j4 17 Modifications, deletions, revisions. Any modification, deletion, revision to approved plans or condition shall only be made upon a request being submitted to the department of planning and zoning, on a form approved by the administrative official requesting the modification, deletion, or revision. The administrative official shall determine if the modification, deletions, or revisions represent a substantial change to the approval. If it is determined that the modification, deletion, or revision are in Page 6 of 8 Ordinance No.2019-012-414 substantial compliance the administrative official shall issue a substantial compliance statement to the applicant. In the event it is determined the modification, deletion, or revision is not substantially in compliance with the approval the administrative official may require the application be resubmitted and reviewed in the manner set forth in this section. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the section of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 13 DAY OF JUNE, 2019. PASSED AND ADOPTED ON SECOND READING THIS 13 DAY OF NOVEMBER, 2019. CITY OF MIAMI GARDENS, FLORIDA Page 7 of 8 Ordinance No.2019-012-414 By: (a OLIVER GILBERT, III, MAYOR ATTEST: %A — q'-ti-, I MARIO BATAILLE, CMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: OLIVER GILBERT, III, MAYOR Moved by: Mayor Gilbert, III Seconded by: Councilman Williams Jr VOTE: 6-0 Mayor Oliver Gilbert, III X (Yes) (No) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson (Yes) (No) (Absent) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams, Jr. X (Yes) (No) Page 8 of 8 Ordinance No.2019-012-414