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Home My WebLink About2020-006-425 Palmetto Terminal Application ORDINANCE NO. 2020-006-425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PALMETTO TERMINAL CORPORATION FOR THE REZONING OF PROPERTY LOCATED ALONG NW 27TH AVENUE JUST NORTH OF NW 163RD STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FROM AGRICULTURAL AND UTILITIES ("AU") TO PLANNED CORRIDOR DEVELOPMENT ("PCD"); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Palmetto Terminal Corporation ("Applicant") is the owner of the subject property, a vacant lot consisting of approximately 1 .76 acres, located along NW 27th Avenue just north of NW 163rd Street in the City of Miami Gardens ("City"), and WHEREAS, the properties surrounding the lot are zoned commercial PCD except for the residential district to the West zoned R-1, Single Family Dwelling Residential, and WHEREAS, Applicant owns the adjacent properties to the north and south of the subject site which are vacant and are already zoned PCD, and WHEREAS, as one of the last remaining agricultural zoned lots along NW 27th Avenue, the subject property permits only a limited number of uses such as farm worker housing, produce and livestock farms, and seed drying facilities, and WHEREAS, as the current agricultural zoning designation impedes Applicant's ability to develop the site in a manner that is consistent with both the land use designation and the City's vision for the NW 27th Avenue commercial corridor, a rezoning from AU to PCD is proposed, and WHEREAS, the City's Planning and Zoning Staff has made a determination that the proposed rezoning of the subject property is consistent with the policies and objectives of the City of Miami Gardens' Comprehensive Development Master Plan (CMDP), and WHEREAS, the City Council considered the testimony of the Applicant if any, and WHEREAS, the City Council also considered that testimony of the City's Planning and Zoning staff and the staff report attached hereto as Exhibit "B" and incorporated by reference, 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. APPROVAL: The City Council of the City of Miami Gardens, Florida hereby approves the rezoning of that certain property located along NW 27th Avenue just north of NW 163rd Street in Miami Gardens, Florida, more particularly described in Exhibit "A" attached hereto, from AU to PCD. 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 22nd DAY OF JULY 2020. PASSED ON SECOND READING ON THE 23rd DAY OF SEPTEMBER 2020. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS VITUAL SPECIAL MEETING HELD ON SEPTEMBER 23, 2020. Signed Mayor Oliver Gilbert OLIVER GILBERT, Ill, MAYOR Page 2 of 3 Ordinance No. 2020-006-425 til ATTEST:' Signed Mario Bataille MARIO BATAILLE, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by: Vice Mayor Harris VOTE: 7-0 Mayor Gilbert Yes Vice Mayor/Council Member Harris Yes Council Member Stephens Yes Council Member Campbell Yes Council Member Leon Yes Council Member Williams Jr. Yes Council Member Wilson Yes Site of Florida County of Miami-Dade CERTIFICATION I, die undersigned, duly appointed City Clerk of the City of Miami Gardens, Florida, hereby certify that the attached is a true anclititorrect copy of ��rniNA�ic� a080-occ-`A' wn in the records of the city on file in the office of the city clerk. Witness,my hand and the corpora of the city.of Miami Gardens,Florida,this of .r. .. ttZ,1% ity Clerk City of Miami Gardens,Florid‹ to� It lli titil.11111 Page 3 of 3 Ordinance No. 2020-006-425 ORDINANCE NO. 2020-006-425 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, APPROVING THE APPLICATION SUBMITTED BY PALMETTO TERMINAL CORPORATION FOR THE REZONING OF PROPERTY LOCATED ALONG NW 27TH AVENUE JUST NORTH OF NW 163RD STREET IN MIAMI GARDENS, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, FROM AGRICULTURAL AND UTILITIES ("AU") TO PLANNED CORRIDOR DEVELOPMENT ("PCD"); PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, Palmetto Terminal Corporation ("Applicant") is the owner of the subject property, a vacant lot consisting of approximately 1.76 acres, located along NW 27th Avenue just north of NW 163rd Street in the City of Miami Gardens ("City"), and WHEREAS, the properties surrounding the lot are zoned commercial PCD except for the residential district to the West zoned R-1, Single Family Dwelling Residential, and WHEREAS, Applicant owns the adjacent properties to the north and south of the subject site which are vacant and are already zoned PCD, and WHEREAS, as one of the last remaining agricultural zoned lots along NW 27th Avenue, the subject property permits only a limited number of uses such as farm worker housing, produce and livestock farms, and seed drying facilities, and WHEREAS, as the current agricultural zoning designation impedes Applicant's ability to develop the site in a manner that is consistent with both the land use designation and the City's vision for the NW 27th Avenue commercial corridor, a rezoning from AU to PCD is proposed, and WHEREAS, the City's Planning and Zoning Staff has made a determination that the proposed rezoning of the subject property is consistent with the policies and objectives of the City of Miami Gardens' Comprehensive Development Master Plan (CMDP), and WHEREAS, the City Council considered the testimony of the Applicant if any, and WHEREAS, the City Council also considered that testimony of the City's Planning and Zoning staff and the staff report attached hereto as Exhibit "B" and incorporated by reference, 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. APPROVAL: The City Council of the City of Miami Gardens, Florida hereby approves the rezoning of that certain property located along NW 27th Avenue just north of NW 163rd Street in Miami Gardens, Florida, more particularly described in Exhibit "A" attached hereto, from AU to PCD. 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 22nd DAY OF JULY 2020. PASSED ON SECOND READING ON THE 23rd DAY OF SEPTEMBER 2020. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS VITUAL SPECIAL MEETING HELD ON SEPTEMBER 23, 2020. OLIVER GILBERT, Ill, MAYOR ATTEST: MARIO BATAILLE, CITY CLERK PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY SPONSORED BY: CAMERON D. BENSON, CITY MANAGER Moved by: Councilman Leon Seconded by: Vice Mayor Harris VOTE: 7-0 Mayor Gilbert Yes Vice Mayor/Council Member Harris Yes Council Member Stephens Yes Council Member Campbell Yes Council Member Leon Yes Council Member Williams Jr. Yes Council Member Wilson Yes