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Home My WebLink About2011-11-253 North American Islamic Trust Inc Rezoning 4305 NW 183rd Ordinance No. 2011-11-253 ORDINANCE NO. 2011-11-253 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY NORTH AMERICAN ISLAMIC TRUST, INC., FOR THE REZONING OF THE PROPERTY LOCATED AT 4305 N.W. 183RD STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT "A", ATTACHED HERETO, FROM AU, AGRICULTURAL AND UTILITIES DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, North American Islamic Trust, Inc. ("Applicant") is requesting the rezoning of a 4.23 acre parcel of land on the north side of Northwest 183rd Street and west of Northwest 42nd Avenue from Agricultural and Utilities District (AU) to Neighborhood Commercial District (NC), and WHEREAS, this will allow, as a permitted use, the existing place of religious assembly, and a proposed expansion of 8,457 sq. ft. for the construction of a multi-purpose building and a library office building, and WHEREAS, the City Council held public hearings on the application on May 4, 2011 and June 1, 2011, and WHEREAS, the City's Planning and Zoning staff has made a comprehensive determination that the application is consistent with the Comprehensive Development Master Plan, and WHEREAS, the City's Planning and Zoning staff recommends approval of the application, and WHEREAS, the City Council considered the testimony of the Applicant, if any, and Page 1 of 3 Ordinance No. 2011-11-253 WHEREAS, the City Council also considered the testimony of the City's Planning and Zoning staff and the staff report attached hereto as Exhibit "B", incorporated herein by reference, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS.- Section OLLOWS: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: APPROVAL. The City Council of the City of Miami Gardens hereby approves the application submitted by the Applicant for the rezoning of the property generally located at 4305 N.W. 183rd Street, more particularly described on Exhibit "A" attached hereto, for a rezoning from AU Agricultural and Utilities District to NC Neighborhood Commercial District. 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. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 4th DAY OF MAY, 2011. Page 2 of 3 Ordinance No. 2011-11-253 PASSED ON SECOND READING ON THE 1St DAY OF JUNE, 2011. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS ZONING MEETING HELD ON THE 1ST DAY OF JUNE, 2011. SHIRLEY B N, MAYOR ATTEST: l ONE;TTA TAYLOR, MMC, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: DR. DANNY O. CREW, CITY MANAGER Moved by: Councilman David Williams Jr. Second by: Councilwoman Robinson VOTE: 5-0 Mayor Shirley Gibson X (Yes) (No) Vice Mayor Aaron Campbell, Jr. X (Yes) (No) Councilman David Williams Jr. X (Yes) (No) Councilwoman Lisa Davis X (Yes) (No) Councilman Oliver Gilbert, III (Yes) (No) (not present) Councilwoman Felicia Robinson X (Yes) (No) Councilman Andre' Williams (Yes) (No) (not present) Page 3 of 3 04��IG� 1515 NW 167 Street, Building 5 Suite 200 c Miami Gardens, Florida 33169 U � 200 City of Miami Gardens Zoning Agenda Memo Zoning Board Meeting Date: June 1,2011 Item Type: (Enter X in box) IN I X Fiscal Impact: Ordinance Reading: (Enter X in box) (Enter X in box) X Public Hearing: x7 : (Enter X in box) X Funding Source: (Enter Fund& Dept) Advertising Requirement: X Contract/P.O.Required: RFP/RFQ/Bid#: X Strategic Plan Related: Strategic Plan Priority Area: Strategic Plan Obj./Strategy: X Enhance Organizational O N/A Bus.& Economic Dev Public Safety Q Quality of Education Qual.of Life&City Image Communication (] Sponsor Name: Dr.Danny Crew,City Department: Planning and Zoning Department Manager AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY REPRESENTING NORTH AMERICAN ISLAMIC TRUST, INC., FOR THE REZONING OF THE PROPERTY LOCATED AT 4305 N.W. 183RD STREET, MORE PARTICULARLY DESCRIBED ON EXHIBIT"A",ATTACHED HERETO, FROM AU, AGRICULTURAL AND UTILITIES DISTRICT TO NC, NEIGHBORHOOD COMMERCIAL; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE. taff Summary: The Applicant,North American Islamic Trust, Inc. is requesting the rezoning of a 4.23 acre parcel of land located on the north side of N.W. 183 Street just west of N.W. 42 Avenue from Agricultural and Utilities District (AU) to Neighborhood Commercial District (NC). This rezoning would allow the existing 7,423 sq. ft. place of religious assembly and a proposed expansion of 8,467 sq. ft. for a total of 15,890 sq. ft. as ITEM 9-A) ORDINANCE SECOND READING NORTH AMERICAN ISLAMIC TRUST, INC. North American Islamic Trust,Inc.REZONING PH-2011-000063 a permitted use. Future expansions will include a 9,578 sq. ft. multi-purpose building and a 10,465 sq. ft. library office building,with a total of 305 parking spaces. This Ordinance passed at first reading on May 4,2011 by a vote of 7-0. Staff recommends that Council approve the proposed ordinance on second reading. EXHIBIT"A"LEGAL DESCRIPTION EXHIBIT"B" STAFF RECOMMENDATION North American Islamic Trust,Inc.REZONING PH-2011-000%3 EXHIBIT "A" LEGAL DESCRIPTION North American Islamic Tn4 Inc.REZONING PH-2011-000063 EXHIBIT "A" LEGAL DESCRIPTION Lot 118, in Section Five, less the South 70 feet of Lot 115, of MIAMI GARDENS SUBD i V l S l ON, according to the plat thereof, as recorded in Plat Book 2, at Page 96 of the Pubs lc Records of Dade county, Florida; sa l d .Section located in Township 52 South, Range 41 East; ALSO less the North 25 feet of the Fast 155. 04 feet thereof. North American Islamic Trust,Inc.REZONING PH-2011-000063 STAFF RECOMMENDATION PH-2011-000063 APPLICATION INFORMATION Applicant: North American Islamic Trust, Inc. Property Location: 4305 N.W. 183 Street Property Size: 4.23acres Future Land Use: Neighborhood Existing Zoning: AU, Agricultural and Utilities District Requested Action(s): 1. Rezone to NC,Neighborhood Commercial RECOMMENDATION: Staff recommends granting the rezoning from AU, Agricultural and Utilities District to NC, Neighborhood Commercial on the property located at 4305 N.W. 183 Street. REVIEW AND ANALYSIS: Neighborhood Land Use Characteristics Property Future Land Use Zoning Classification Existing Use Designation Site Neighborhood R-1, Single Family Residential Place of Religious Assembly North Neighborhood R-1, Single Family Residential Single Family Residential South Neighborhood R-1 Single Family Residential Single Family Residential East Neighborhood R-1 Single Family Residential Single Family Residential West Neighborhood R-1 Single Family Residential Single Family Residential The subject property is 4.23 acres located on the north side of N.W. 183 Street west of N.W. 42 Avenue and is developed with a place of religious assembly consisting of two (2)one story buildings totaling 7,423 sq. ft. Surrounding properties are developed with single family homes. Project Summary/Backs!round • The applicant is requesting a rezoning of the 4.23 acre parcel which is zoned AU, Agricultural and Utilities District to NC,Neighborhood Commercial which would bring the existing use, as a place of North American Islamic Trust,Inc.REZONING PH-2011-000063 religious assembly, into conformity with the City's Land Development Regulations. City's Zoning and Land Development Code allows places of assembly as a permitted use in the NC,Neighborhood Commercial or the PCD, Planned Area Development districts. • This conformity will allow for the proposed 8,467 square feet expansion of the existing 7,423 square feet building for a total of 15,890 square feet. Future expansions will include a 9,578 sq. ft. multi-purpose building and a 10,465 sq. ft. library office building, with a total of 305 parking spaces. • The applicant has presented a site plan (attached) depicting the existing and proposed development for the property. The site plan will be subject to site plan review by the City's Development Review Committee(DRC). • Including places of public assembly the rezoning to NC,Neighborhood Commercial would allow an extensive list of commercial and non-residential uses. (See attachment, Permitted Use List Comparison,NC,Neighborhood Commercial, and AU,Agricultural and Utilities. Zoning History In March 1957, Dade County Resolution No. 11317 approved the place of religious assembly use and accessory uses. That approval was subject to conditions which included that the property be established and maintained in accordance to the approved plans. Consistenev with City of Miami Gardens Comprehensive Development Master Plan The primary objective of the Neighborhood designation as outlined in Objective 1.2 of the Comprehensive Development Master Plans is as follows: "The Neighborhood land use designation applies to areas intended for low and medium density residential development with supporting commercial and office uses. The designation of Neighborhood is specifically intended to protect single family homes from encroachment or intrusion from incompatible land uses." The property has been developed and established with the place of religious assembly since 1957 at the time the surrounding residential community was being established. The property is located along what is now a heavily travelled corridor of N.W. 183 Street on the west side of the City limits. The current zoning of AU, Agricultural and Utilities allows uses that may not be appropriate or consistent with the above stated objective of the CDMP and uses that are intrusive and incompatible with the residential character of the area. The rezoning to NC, Neighborhood Commercial would allow, not only the places of assembly and accessory uses, but also a list of supportive commercial and office uses that could be appropriately developed on the 4.23 acres site without intrusion of the single family neighborhood in the area. Conclusion: From these factors listed above it can be concluded the existing and proposed development of the place of assembly is a supportive neighborhood use and would not be an encroachment or intrusion while protecting the single family residential neighborhood from incompatible uses and therefore the rezoning is consistent with the policies of the City's Comprehensive Development Master Plan. Zoning Review and Analysis The City Council may grant the rezoning of the properties subject to meeting the criteria set forth in Section 2-100(F)of the City's Land Development Regulations: North American Islamic Tnw,Inc.REZONING PH-2011-000063 (F) "Criteria for granting of amendments or adoption of changes to the tett of the LDRs, or change of the actual official zoning map designation of a parcel or parcelk The detriments or benefits of amendments or adoption of changes to the text of the LDRs, or change of the actual official zoning map designation of a parcel or parcels shall not be denied consideration on the grounds that they are indirect, intangible or not readily quantifiable. In evaluating the application, among other factors related to the general welfare the following shall be considered: a. The development permitted by the application, if granted, conforms to the City's Comprehensive Development Master Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered; b. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the environmental and natural resources of the City, 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. c. The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of City of Miami Gardens, Florida; d. The development permitted by the application, if granted, will efficiently use or unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction; e. The development permitted by the application, if granted, will efficiently use or unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways." In analyzing the proposed rezoning request and how it is in compliance with the above noted criteria for granting the rezoning, consideration was given to all the possible uses for the property with the proposed NC, Neighborhood Commercial zoning designation. (see attachment, Permitted Use List Comparison, NC, Neighborhood Commercial, AU, Agricultural and Utilities. The existing AU, Agricultural and Utilities zoning was the comparable zoning district from the AU zoning Miami-Dade County had designated the property historically. The location of the property and proximity within a developed residential community is inconsistent with the objectives and policies of the CDMP due to the antiquated AU zoning designation. Rezoning to NC, Neighborhood Commercial is a more appropriate designation and will allow the established use of a place of religious assembly(established in 1974) to continue in conformity. The planned expansion of a multi-purpose hall and offices/library building for the exclusive use of the congregation are not for general public use and do not create any new detrimental impacts since these uses are logical, customary and incidental uses for places of religious assembly use. Conclusion: The rezoning of the property meets the criteria in the granting of the rezoning from AU, Agricultural and Utilities to NC,Neighborhood Commercial. Anticipated Facilities Impact DRC (Development Review Committee): prior to building permit issuance for the expansion(s) the site plan will be reviewed by the City's DRC for anticipated impacts and any mitigation thereof. General: Concurrency determinations are not finalized during the zoning approval process. North American Islamic Tnist,Inc.REZONING PH-2011-000063 Public Notification/Comments In accordance with the Land Development Regulations, two (2) notifications of the applicant's requests were mailed to property owners within a half mile (1/2) radius of the subject site to provide them an opportunity to comment on the application. No comments were received from property owners within that radius at the date of this writing. (See Mailed Notice Radius Map,attached). Attachments: Letter of Intent Hearing Map-Zoning Hearing Map-Aerial Mailed Notice Radius Map Submitted Plans and Survey Zoning History Permitted Use List Comparison NC,Neighborhood Commercial and AU,Agricultural and Utilities