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HomeMy Public PortalAbout20-9776 Final Site Plan for a Retail Center at Superior Street and NW 27th AvenueSponsored by: City Manager RESOLUTION NO. 20-9776 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE FINAL SITE PLAN FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD ON THE PARCELS IDENTIFIED BY FOLIOS 08- 2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121- 007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City's Code of Ordinance and the City's Land Development Regulations, Ordinance 15-31, the City Commission has the power to approve, approve with conditions or deny any Development Agreement, and WHEREAS, the applicant appeared and has presented their formal application request, all evidence, documents, and marked exhibits before the Planning & Zoning Board on May 5th, 2020 pursuant to the City Code of Ordinance and the City Zoning Regulations, and WHEREAS, the Planning & Zoning Board after reviewing the presentation and having additional discussion motioned and seconded this request for development agreement approval at the May 5th, 2020 meeting by a 5 to 0 vote, and WHEREAS, the City Land Development Regulations, Ordinance 15-31, Section 22-49 G. provides that all recommendations and findings of fact by the Planning & Zoning Board shall be placed on the next available regular City Commission meeting agenda in compliance with notice requirements. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. Recitals. Resolution No. 20-9776 The above recitals are true and correct and are incorporated into this Resolution by reference. Section 2. The City Commission of the City of Opa-locka approves / denies this request from TNJ Realty, LLC for final site plan review for the construction a retail center on the eight parcel site bounded by Superior Street, NW 27th Avenue and Opa Locka Boulevard, including the alleyways, on the parcels identified by folios 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-007-2650, 08-2121-007-2660, 08-2121-007-2670, 08-2121-013-2010 and 08-2121-013-2020 in the B-2 zoning district, Opa-locka, FL 33054. Section 3. Conditions. 1. The Owner agrees to employ Opa-locka residents through the assistance of the Career Source South Florida Office and shall also require all contractors and all their subcontractors to employ Opa-locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-Locka and in accordance with the Memorandum of Understanding between the City of Opa-Locka and Career Source. 2. The Owner agreed: (1) To host job fairs before and during the construction phase of this development for construction jobs; (2) To host job fairs after construction for building (business) operation jobs; Section 4. Effective Date. This Resolution shall take effect immediately upon adoption by the City Commission of the City of Opa-locka. PASSED AND ADOPTED this 24th day of June, 2020. Matthew A. Pigatt, Mayor Resolution No. 20-9776 A EST: a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: (4/fIcsqRic Burnadette Norris -Weeks, P.A. City Attorney Moved by: COMMISSIONER BASS Seconded by: VICE MAYOR DAVIS VOTE: 5-0 Commissioner Bass YES Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES SUNDAY TUNE 14 2020 MIAMIHENALD.CDM NEIGHBORS 7NW CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-Iocka, Florida will hold public hearings at its Virtual Regular Commission Meeting on Wednesday, June 24, 2020 at 7:00 p.m. to consider the following items: SECOND READING ORDINANCE/PUBLIC HEARING; AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2019 AND ENDING SEPTEMBER 30, 2020, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on May 27, 2020). RESOLUTIONS/PUBLIC HEARINGS; A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE FINAL SITE PLAN FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD ON THE PARCELS IDENTIFIED BY FOLIOS 08- 2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121- 007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA-LOCKA BOULEVARD ON THE PARCELS IDENTIFIED BY FOLIOS 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08- 2121-013-2010, 08-2121-013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121-007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A WAREHOUSE/DISTRIBUTION CENTER ON THE PROPERTY LOCATED AT 12700 NW LE JEUNE ROAD IDENTIFIED BY FOLIOS 08-2129-000-0032, IN THE B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A WAREHOUSE/DISTRIBUTION CENTER ON THE PROPERTY LOCATED AT 12700 NW LE JEUNE ROAD IDENTIFIED BY FOLIOS 08-2129-000-0032, IN THE B-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING FINAL SITE PLAN REVIEW APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A DIALYSIS CENTER ON THE PROPERTY LOCATED AT 441 OPALOCKA BOULEVARD IDENTIFIED BY FOLIOS 08-2121-004-0580 AND 08-2121-004-0590, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A DIALYSIS CENTER ON THE PROPERTY LOCATED AT 441 OPALOCKA BOULEVARD IDENTIFIED BY FOLIOS 08-2121- 004-0580 AND 08-2121-004-0590, IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above items may be obtained by contacting the Office of the City Clerk via telephone (305) 953-2800 or email jflores@opalockafl.gov. All interested persons are encouraged to participate in this meeting and will be heard with respect to the public hearings. For information on Virtual Commission Meeting procedures please visit www.opalockafl.gov. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance no later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877)955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. Joanna Flores, CMC City Clerk City of Opa-Iocka City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: Finance Director: FD Signature: Department City Manager: John Pate CM Signature: Commission Meeting Date: 6-24-20 Item Type: (Enter X in box) Resolution rdi ance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1" Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: Account# : (Enter Fund & Dept) Ex: PTP Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bi#: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & City Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X III Dev • • Image • ME Sponsor Name City Manager Department: Planning & Community Development City Manager Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING APPROVAL OF THE SITE PLAN FOR THE CONSTRUCTION OF A RETAIL CENTER ON THE EIGHT PARCEL SITE BOUNDED BY SUPERIOR STREET, NW 27 AVENUE AND OPA LOCKA BOULEVARD ON THE PARCELS IDENTIFIED BY FOLIOS 08-2121-007-2680, 08-2121-007-2690, 08-2121-007-2630, 08-2121-013-2010, 08-2121- 013-2020, 08-2121-007-2650, 08-2121-007-2660 AND 08-2121-007-2670 IN THE B-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Currently the site conditions are that these is an active retail convenience store and a liquor store, an active billboard above a building shell and there is an occupied single family home on one of the parcels. All the other parcels are not being used and are without daily activity. BACKGROUND According to the site plan this new development would provide a 45, 000 square foot gas station with a 2,200 square foot convenience store, to be located on the northern parcels of the assembles properties inclusive of a portion of the vacated alleyway purchased from the City of Opa-Locka. According to the site plan, all of the City zoning requirements would be in compliance especially for setbacks, building heights, parking and landscaping. FINANCIAL IMPACT When this project is completed, the City will receive approximately $86,341 of impact fees. Additionally, it is estimated that the taxable valuation of the property will increase by approximately $600,000, which at the current year millage rate of 9.8000 mills will provide additional ad valorem revenue of $5,880. Finally, the property will be a user of City water and sewer services as well as paying annual Business Tax Receipts and stormwater fees. Proposed Action: Staff has recommended approval of this legislation. Attachment: PCD Staff Report- TNJ REALTY/Murphy Express Gas Station — Site Plan P & Z Board Meeting Minutes 5-5-20 Staff Report May 5i° PLANNING & 2020 ZONING BOARD TNJ REALTY/Murphy Express Gas Station: Site Plan APPLICANT'S REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A MURPHY'S EXPRESS GAS STATION ON THE PROPERTIES AND ALLEYS THAT LOCATED ON THE PARCELS BOUNDED BY SUPERIOR STREET, NW 27TH AVENUE AND OPA LOCKA BOULEVARD AS IDENTIFIED ON THE SITE PLAN. e-Maps Viewer GC: data for map display City of Opa-locka I Planning and Community Development Department Site Background • According to Miami -Dade County Property Appraiser's website, the legal descriptions for this retail development site are as follows: 08-2121-007-2680 21 52 41 .30 AC OPA LOCKA PLAT NO 3 PB 31-14 TRACT D LESS NWL75 FT & LESS E8FT FOR RD BLK 148 LOT SIZE 9383 SQUARE FEET OR 22688-4884-83 0904 2 (2) 08-2121-007-2690 21 52 41 .17AC OPA LOCKA PLAT NO 3 PB 31-14 NWL75 FT OF TRACT D BLK 148 LOT SIZE IRREGULAR OR 22688-4881 83 0904 2 (2) 08-2121-007-2630 21 52 41 OPA LOCKA PLAT NO 3 PB 31-14 SELY125FT OF TRACT A /AKALOTS 3 THRU 7/&LOT 8 BLK 148 LOT SIZE 150.000 X 100 OR 14120-1478 0589 1 COC 21483-0647 07 2003 1 08-2121-013-2010 21 52 41 OPA LOCKA PLAT NO 3 REV PB 70-98 LOT 1 BLK 148 LOT SIZE 6088 SQUARE FEET OR 19233-0521 0500 4 COC 26308-2612 11 2001 6 08-2121-013-2020 21 52 41 OPA LOCKA PLAT NO 3 REV PB 70-98 LOT 2 BLK 148 LOT SIZE IRREGULAR OR 16472-4561 0894 2 (2) 08-2121-007-2650 21 52 41 .23 AC OPA LOCKA PLAT NO 3 PB 31-14 N100 FT OF TR C & LESS E8FT FOR RD BLK 148 LOT SIZE IRREGULAR OR 16472-4561 0894 2 (2) 08-2121-007-2660 21 52 41 PB 31-14 OPA LOCKA PLAT NO 3 S5OFT OF N150FT OF TR C LESS E8FTW OF NE CORNER OF TR C W PARR TO N/L 79.37FT ELY79.38FT NO 85FT TO POB BLK 148 LOT SIZE 50.850 X 92 OR 13492-0023 1187 1 08-2121-007-2670 21 52 41 PB 31-14 OPA LOCKA PLAT NO 3 TRACT C LESS N150FT & LESS E8FT FOR RD & LESS BEG 150FTS & 8FTW OF NE COR TR C W PARR TO N/L 79.38FT NO 85FT TO POB BLK 148 LOT SIZE 42.490 X 88 COC 24727-3420 05 2005 1 • This project consists of the collection of 8 parcels from 5 different owners to create a approx. 95,000 sq. ft pad at the corner of NW 27th Avenue and NW 135th Street in the city of Opa-Locka, Florida. (See Attachment) The Developer intends to place several triple net lease users on this location. The Developer has enlisted NAI Miami, a member of the NAI Global network, to assist with the leasing of the spaces. • The size of this project deems that it will need to be completed in phases. Phase 1 of this project will be the development of the Murphy's Oil Gas Station, a 45, 000 square foot gas station with a 2,200 square foot convenience store, to be located on the northern parcels of the assembles properties inclusive of a portion of the vacated alleyway purchased from the City of Opa-Locka. Phase 2 would be the development of the southern parcels assembled in this project which will entail the building of a QSR (quick service restaurant) with a drive thru inclusive of a portion of the vacated alleyway purchased from the City of Opa-Locka. The actual division of the existing parcels will be determined by the final as a built survey. • The three properties owned by Carlos Fernandez are located at the South and East sections of this site and are identified by folios, 08-2121-007-2680, 08-2121-007-2690 and 0-2121-007-2630. According to the Purchase Agreement TNJ Realty will close on this property at the end of April 2019. City of Opa-locka I Planning and Community Development Department Page 3 of 12 • Two parcels are owned by Shaid Sheikh and Rafia Sheikh are located on the North and North West sections of this site and are identified by folios 08-2121-007-2650 and 08-2121-013-2020. According to the Purchase Agreement TNJ Realty will close on this property at the end of April 2019. • According to the applicant, one of the properties is a single family home owned by Millicient Howell and identified by folio 08-2121-013-2010 and this site is located at the Southwest corner of this site. TNJ Realty will close on this property at the end of April 2019. • The last parcels are owned by New Beginnings of South Florida, Inc. This entity filed bankruptcy in 2016. The properties are encumbered by two separate mortgages. One mortgage is held by Gloria Betancourt Revocable Trust and the other is held by 13720 NW 27 Avenue Holdings, Inc. The trustee in the bankruptcy action has been contacted and an offer to satisfy both mortgages has been presented to the trustee. The development of this site, according to the site plan, will include the demolition of the buildings on six of the eight parcels of the site and the inclusion of the alleys if the City approves the alley vacation. The alleys within this development site is estimated to be approximately 8,940 square feet. This request is being presented to the Planning & Zoning Board as part of the redevelopment of this site along with the site plan, however all the requirements of Ordinance 14-02, which provides a process for vacating streets and alleys, must be completed before this request can be presented at a public hearing before the City Commission. According to Ordinance 14-02 the following is the alley vacation process: ARTICLE III. SUBDIVISIONS AND PLATTING Sec. 1. Petition Application for vacating streets and alleys --Generally. All applications for vacating of public right(s)- of -way ( public street, road, alleyway, place or highway dedicated or acquired for travel or any part or portion thereof) shall be submitted to the planning & community development department ( P& CD). Standard application forms shall be made available in the P& CD office. Every petition addressed to the city concerning any way place, highway, street, alley or any land acquired for travel or any part or portion thereof to be vacated, closed, discontinued or abandoned, and requesting the city to release any right of the city and the public in and to any land delineated, dedicated or shown on any recorded map or plat as a street, road, alleyway, place or highway within the corporate limits of the city shall be presented to the city commission in the form and following the procedures set forth in this article. The petitioner shall use the petition form available from the P& CD office. Sec. 2. Same— Form; address." is hereby created by the following language. Same-- Form; address. Vacating petition applications filed pursuant to this article shall be typewritten and shall be sworn to by the petitioner/applicant and shall include the post office address of the petitioner/applicant." Sec. 3. "Vacating Process" is hereby created by the following language: Same-- Contents. a) Vacating petitions -applications filed under this article shall give an accurate legal description of the public street, road, alleyway, place of highway or any part or portion thereof petitioned applied to be vacated, closed, discontinued and abandoned. If the vacating, closing, discontinuing and abandoning of a part or portion of an alleyway desired by the petitioner applicant to be vacated, closed, discontinued and abandoned would result in the creation of a dead-end alleyway, then the petitioner applicant is required to petition apply to vacate, close, discontinue and abandon the entire alleyway or such part or portion thereof as will preclude the creation of a dead-end alleyway, unless the petitioner applicant provides an adequate turnaround or cul-de-sac. b) The petition/applicant shall list the property owners' names, addresses and the property legal description, as reflected in the latest ad valorem tax records, of all property touching or abutting on the public street, City of Clpa-locka I Planning :uid Community Development Department Page 4 of 12 road, alley, alleyway, place or highway or other right-of-way or any part of portion thereof requested to be vacated, closed, discontinued and abandoned. The petition/ applicant shall provide proof of ownership by the applicant of the property which abuts the alley to be vacated and closed. c) The petitioner/applicant shall state the reason why the petitioner/applicant desires the closing of the street, road, alleyway, place or highway or any part or portion thereof. The petitioner/applicant shall provide a statement as to whether the general public currently uses the alley, including public service vehicles; such as, trash and garbage trucks, police, fire and/ or other emergency vehicles, during the past 12 months. d) The petition application shall contain a recital as follows: The petitioner applicant( s) or petitioners herein named hereby waive, renounce, relinquish, absolve and discharge the city from any claim for damages of any nature and kind whatsoever that such petitioner applicant(s) or -petitioners may have or claim or demand, now or in the future, by reason of the vacating, closing, discontinuing and abandoning of the public street, road, alleyway, place or highway or any part or portion thereof. e) The petition application shall have attached thereto a drawing or blueprint of the subdivision in which the public street, road, alleyway, place or highway or any part or portion thereof to be vacated, closed, discontinued and abandoned is located or, if located in an unplatted area, of the streets, highways, roads, alleys and public places in the immediate area surrounding the public street, road, alleyway, place or highway or any part or portion thereof to be vacated, closed, discontinued and abandoned." f) The petition application shall include the releases from all utility companies for the public street, road, alleyway, place or highway or any part or portion thereof to be vacated, closed discontinued and abandoned. Sec. 4. Same —Filing; number of copies required." is hereby created by the following language: Sec. 4-. Same --Filing; number of copies required. Four (15) copies of the vacating petition application required by this article shall be filed with the CD& P Department." Sec. 5. Same— Procedure on receipt." is hereby created by the following language: Sec. 5-. Same --Procedure on receipt; distribution to reviewing agencies. Upon receipt of the vacating petition application, the P& CD Department shall review for completeness. If complete, the P& CD Department shall distribute a to the legal department and all reviewing agencies, including but not limited to all applicable city agencies, other governmental agencies, and private utilities. Sec. 6. Same— Hearing date; signs.", is hereby created by the following Sec. 6-. Same-- Hearing date; signs. a) The Planning & Community Development Department shall promptly verify the legal description contained in the vacating petition application and forward written notice of such approval to the legal department for preparation of a resolution setting a public hearing regarding the vacating. Once the public hearing date has been set by the Planning Council meeting, the petitioner applicant's request shall be noticed according to city code requirements. b) A sign shall be placed at or near either end of a public street, road, alleyway, place or highway or any part or portion thereof which is to be vacated, closed, discontinued and abandoned. The sign shall be posted a minimum of thirty (30) days prior to the public hearing and shall provide notice of the proposed vacating, including the date and place set for the public hearing. The affidavit shall include a statement by the petitioner applicant that the sign required herein was posted not less than thirty (30) days prior to the date set for the public hearing. c) In addition to such published notice, the petitioner -applicant, at his expense, shall immediately, upon the adoption of the resolution fixing the date for a public hearing and not less than thirty (30) days prior to the date set for the public hearing, send a copy of the published notice to the owner of every parcel of land abutting on the public street, road, alleyway, place or highway or any part or portion thereof petitioned proposed to be vacated, closed, discontinued and abandoned. The copy of the published notice shall be mailed to such owners at their usual post office addresses, by registered "certificate of mailing" Twith- return receipt -requested. When the return receipts are delivered to the petitioner, the petitioner. The City of Opa-locka Planning and Community Development Department Page 5 of 12 applicant shall then prepare an affidavit indicating the abutting parcels of land, the names of the owner(s) of such land, and the date and post office address to which each copy of the published notice was mailed. The petitioner applicant shall attach to the affidavit the return receipts postmarked list of the notices which were mailed, and the names of all officially registered neighborhood associations that were sent notice. The affidavit with return -receipts shall be filed with the City Commission not less than fifteen (1 5) days prior to the date of the public hearing. Should an error or omission occur in the sending of these notices which requires readvertisement of the notice of public hearing, the petitioner applicant shall pay an additional charge of Seven Hundred dollars ($ 700.00) to the Planning & Community Development Department to cover the costs and expenses as a result of the error or omission. This payment shall be made at the time the petitioner submits a written request addressed to the Community Development Director and filed with the clerk of the Planning & Community Development Department requesting a new date for a public hearing and setting out the reasons for the request. d) When all or a majority of the alley rights -of -way within a platted subdivision or within an area of four ( 4) or more contiguous blocks are included in a single petition application, then the posting of signs, as referred to in subsection ( a) above, shall not be required for those alleys within that subdivision or for those alleys within the four( 4) or more contiguous blocks referred to above. e) The petitioner applicant shall also send written notice by " certificate of mailing", entitled " Good Neighbor Notice for Vacating," no less than thirty (30) days prior to the public hearing, to the officially registered neighborhood association, as registered with the City of Opa-locka, in which the subject property is located, and to all other officially registered neighborhood associations that lie within a three hundred ( 300) feet radius, including roads and streets, in all directions from the subject property, from the boundaries of the subject property right(s)- of -way. If the subject parcel right(s)- of -way does not lie within the boundaries of an officially registered neighborhood association or if no officially registered neighborhood association exists within the distance measurements as required by this subsection, the applicant shall mail the notice required herein to the closest officially registered neighborhood association, as measured in a straight line, on the " neighborhood association map." Sec. 7. "Application of chapter to City Commission proceedings" is hereby created by the following language: Sec. 7-. Application of chapter to City Commission proceedings. Nothing contained in this chapter shall be deemed or construed as applying to any proceedings instituted by the City Commission in their own discretion and on their own motion relating to the vacating, closing, discontinuing and abandoning of any public street, road, alleyway, place or highway or any part or portion thereof. Sec. 8. "Vacating streets and alleys; payment of costs, expenses.", is hereby amended by the following language: Sec.8-. Vacating streets and alleys; payment of costs, expenses. a) The petitioner/ applicant requesting that any public street, road, alleyway, place or highway or any part or portion thereof be vacated, closed, discontinued and abandoned shall pay all costs and expenses to be incurred by the city, as follows: 1) The petitioner/ applicant shall pay an amount that is the average between the assessed value and the market value of the vacated area. The assessed value shall be obtained from the Miami -Dade County Appraisers Office and the market value shall be obtained from private professional property appraiser(s). 2) For the handling and processing of the petition application, including the publishing of notice of the public hearing; 3) For the posting of signs; 4) For the publishing of the vacating ordinance, if the petition application is be granted; City of Opa-locka Ylaiming and Community Development Department Page 6 of 12 5) For the recording of a certified copy of the ordinance in the office of the clerk of the circuit court of the county; 6) For the review of the petition application. b) A payment in the amount as established by resolution of the City Commission shall be made by the petitioner applicant to the community development & planning department before/ with the petition is filed with the community development & planning department submittal of the application. A receipt showing the payment to the community development & planning department shall be attached to the petition— application. No portion of this fee shall be refunded to the petitioner. Should an error ( by the applicant or his agent in the original petition application occur that requires the filing of an amended petition application and readvertisement of notice of the public hearing, an the additional cost charge and subsequent payment in the amount as established by resolution of the City Commission to defray additional costs and expenses shall be made by the petitioner applicant to the Community Development & Planning Department, before the filing of the amended application will be rescheduled for a public hearing. A receipt showing the payment to the city of this additional fee shall be attached to the amended petition application. No portion of this additional fee shall be refunded to the petitioner. (A complete copy of Ordinance 14-02 is included for reference.) II. Project Details Applicant's intent • According to the site plan this new development would provide a 45, 000 square foot gas station with a 2,200 square foot convenience store, to be located on the northern parcels of the assembles properties inclusive of a portion of the vacated alleyway purchased from the City of Opa-Locka. According to the site plan, all of the City zoning requirements would be in compliance especially for setbacks, building heights, parking and landscaping. • Currently the site conditions are that these is an active retail convenience store and a liquor store, an active billboard above a building shell and there is an occupied single family home on one of the parcels. All the other parcels are not being used and are without daily activity. Site Computations & Land Qevelo • ment R- • ulation / Zonin • Code Applic Folio Number Address Location NEW Building(s) Footprint Floor Area Zonin Table 1 TNJ Realty / Murphy's Express Gas Station 08-2121-007-2680; 08-2121-007-2690; 08-2121-007-2630 08-2121-013-2010; 08-2121-013-2020; 08-2121-007-2650; 08-2121-007-2660; 08-2121-007-2670 13620 NW 27TH AVE.; 1245 OPA LOCKA BLVD.; 1201 OPA LOCKA BLVD.; 1350 SUPERIOR STREET; 1340 SUPERIOR STREET; 13730 NW 27 AVE.; 13720 NW 27 AVE.; and the alleys and a vacant property that has no assigned address. Gas Station (Pump area): 45,000 SF Retail (Convenience Store): 2,200 SF Total 47,200 SF B-2 (Liberal Commercial) City of Opa-locka I Planning and Community Development Department Page 7of12 oning o.e onsis ency Existing Land Use Future Land Use Designation Comprehensive Plan Consistency Applicable LDR Sections SET BACKS/ YARD Front Rear Side (left) Side (right) Corner Lots/ Other Lot Coverage Lot Density Lot Size Lot Width Building Heig Structure Length Other Vehicular Use Area Landscaping Parking Details Landscape/ Pervious Lot Coverage Notification Requirement The proposed use for TNJ Realty is consistent with the Zoning Code: For the B-2 (Liberal Commercial) zoning district. Vacant Property/ Retail Use/ Abandoned Buildings and alleys Downtown Mixed Use and Commercial The proposed use for a Murphy Express Gas Station is consistent with the Comprehensive Plan because this is a commercial land use. Ordinance no. 15-31 REQUIRED 10 Feet 15 Feet 0 Feet 0 Feet N/A 80% maximum N/A 5,000 N/A 4 Stories or 55 Feet whichever less N/A N/A Retail buildings: pursuant to the Land development Regulation Ordinance 15-31 one (1) Parking space per 500 square feet of floor area. -6 spaces required PROPOSED 10 Feet 15 Feet 10 Feet 10 Feet N/A 80.7% N/A 46,584 SF (1.04 Acres) N/A Retail/Gas Station: 1 Stories/ 22-6 Feet N/A N/A. Retail Bldg. 2,200 SF Total Spaces Provided: 10 Spaces (16 spaces under canopy) 5202 SF Total Spaces Provided: 35 Spaces COMPLIANCE YES YES YES YES N/A YES N/A YES N/A YES N/A N/A YES YES 20% minimum required pervious 20.% provided YES This request will be properly noticed pursuant to state law and city charter by the city clerk's office. - A copy of notice for advertisement titles were given to the Clerk's Office on Wednesday, April 10th, 2020, To be advertised at least 10 days prior to this Planning & Zoning Board meeting on Tuesday, May 5th, 2020. City Commission Meeting: TBD City of Opa-locka I Piaxuiuig and Community Development Department Local Government Action Required III. Overall Analysis Page 8of12 The City Commission must review this site plan and consider approval/disapproval after it is reviewed by the Planning & Zoning Board and any other applicable board or agency. Existing Conditions: • The Subject Property is generally surrounded by commercial/retail uses on NW 27th Avenue, commercial and residential uses on Superior Street and Commercial and residential uses on Opa-locka Blvd. • Many of the structures are abandoned, un-used and underutilized. Surrounding Land Use and Zoning: Table 2 Location Existin! Land Use Future Land Use FLU South East West Commercial vf DownTown Mixed Use / Commercial The Site is Highlighted in Red Commercial Commercial Residential I Commercial B-2 Commercial Commercial DownTown Mixed Use I B-2 (Liberal Commercial) / R-1 Residential B-2 (liberal Commercial) B-2 (Liberal Commercial) B-3 (Liberal Commercial) Surrounding Zoning Designation Map • General Character I Neighborhood Compatibility: The proposed development use will be in Harmony with the general character of the surrounding neighborhood considering population density, design, scale, and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions! - Findings: City of Opa-locka I Planning and Community Development llepaiti nt Page 9 of 12 • The proposed development is for Gas Station uses which will transform an abandoned and underutilized site into a new gas/retail site with adequate parking and landscaping. The new use would complement and be in harmony with the neighboring uses. COMPLIES • Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE NO. 15-31 - Findings: ■ The Applicant is proposing to remove all of the vegetation on the site and install new trees, shrubs and ground cover as listed in the site plan. (Please see attached Landscape Plan for Trees detailed information). COMPLIES • Future Land Use: Commercial/DownTown Mixed Use - Findings: ■ According to the City of Opa-locka Comprehensive Plan; the proposed project will be located within the City's Commercial & Downtown Mixed land use designation category location. COMPLIES • B-2 (Liberal Commercial) Zoning allows Certain Commercial Permitted Uses: Project Specific: Retail uses in a newly developed Gas Station. • Findings: ■ According to the City's Land Development Regulation/ Zoning Code B-2 (Liberal Commercial) the gas/retail uses proposed are permitted use in the B-2 (liberal Commercial) Zoning District. The Murphy Express Gas Station is a permitted project use in this B-2 zoning district. • Community Comments/Petitions: The Applicant verbally informed the Planning and Community development Department that petitions were submitted to the surrounding businesses for signatures, comments or possible opposition. Findings: The Planning and community Development Department has not yet received any signed petitions submitted to the Neighboring Businesses as indicated by the Applicant. COMPLIES IV. Project Need Assessment I other Required Approvals 1. Comprehensive Plan Amendment (Small Scale): Land Use Change (Map Amendment); ■ N/A 2. Land Development Regulation/Zoning Code Site Plan Review • Application submitted for Planning & Zoning Board Meeting (this meeting) Tuesday, May 5ts, 2020 3. Development Agreement ■ Application submitted for Planning & Zoning Board Meeting (this meeting) Tuesday, May 5th, 2020 V Development Review Committee (DRC): Meeting Review Comments 1. Capital Improvement Project (CIP): • No issues reported for the proposed Site Plan 2. Building: City of Opa-locka I Planning and Community Development Department Page 10 of 12 • N/A 3. Police: • N/A 4. Community Redevelopment Agency (CRA): • N/A 5. City Manager's Office (CMO): • N/A 6. Code Enforcement: • N/A 7. City Attorney's Office: • Development Agreement under review 8. Public works: • N/A 9. Inter -jurisdictional Review: • N/A VI. Staff Recommendation: • Staff recommend approval of this Final Site plan which also requires approval of the alley vacation, according to the site plan. The process to obtain the alley vacation requires compliance with Ordinance 14-02 before making presentation to the City Commission. (Please see attached Ordinance 14-02 ) VII. Attachments: • Site Plan • Development Agreement Plannin and Communi Develo ment De artment City Planner Corion DeLaine, City Planner • Zoning Official Approved by Gerald J. Lee, Zoning Official e Gregory D. Gay, Director Planning and Community Development km City of Opa-locka I Planning and Community Development Department Page 11 of 12 VIII. Staff Report Resolution No. DA-20 (TBD) A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A MURPHY'S EXPRESS GAS STATION ON THE PROPERTIES AND ALLEYS THAT LOCATED ON THE PARCELS BOUNDED BY SUPERIOR STREET, NW 27TH AVENUE AND OPA LOCKA BOULEVARD AS IDENTIFIED ON THE SITE PLAN.. WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa- locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby a. APPROVED ❑ DATE: 05-05-2019 b. DENIED c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on_ / _ / 2) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. *** The Planning & Zoning Board Approval of this request was approved by a - vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of 20 Chairperson or Designee City of Opa-locka I Planning and Community Development Department The Following changes/recommendations are updates based on the Planning & Zoning Board Meeting discussions in regards to the proposed Retail Facility City of Opa-locka Planning and Community Development Department PROPOSED 0.1 ACCESS H-1V J29' Itk PARCEL AREA PARKING SPACES 10 2,824 SF 8 MPD (S) AIL 36 SCALE 1« /EET PAS. DATA PJF. AQA 1HIAPHYPAACHI. 411.710 JAI OAHEPlPACEPR0VlI0 IBQ IDAD PA ENO PA0@IOpACPSROWED IPSI /500 SY (6AHQD.) 10 (I6 UNDER CANOPY) ZONING 0-2(C011OOAIl1LBiAL) SEIEACCI POOR(ROADPtlfTA11110 10 hON. HOB RAZED 101HN. OPIHtlR001110 1010(. 10101. TAD. SITE LOCATION VICINITY MAP NOTES. 1 THIS IS A PRELIMINARY SITE PLAN AS SUCH. REGULATORY REVIEW AND PERMIT CONSIDERATOIN 15 REWIRED 1. PROPOSED ACCESS SHOWN ON PLAN 45 SUBJECT TO COUNTY/CITY APPROVAL 3 A CURRENT SURVEY IN CAD IS REQUIRED TO VERIFY PROPERTY LIMITS 4 THE SITE IS WITHIN THE JURISDICTION OF OPA-LOCKA 5 FUELING STATIONS ARE PERMITTED BY SPEC. EXCEPTION. DISCRETIONARY APPROVAL AND PUBLIC HEARING REQUIRED 6 FDOT ACCESS AND DRAINAGE APPROVAL REQUIRED FOR CONNECTION TO VT' AVE 1. LIMITED INFORMATION ON CURRENT DRAINAGE SYSTEM. O6ILTRATION WILL BE REWIRED FOR NEW DEVELOPMENT 8 SITE IS COMPRISED OF SEVERAL PARCELS DIVIDED BY ROW VACATION OF OUSTING ROW MAY BE REQUIRED 9 OVERHEAD UTILITY LINES CURRENTLY RUNNING THROUGH SITE WILL NEED TO BE RELOCATED 2 CL uh iU opai A PM wr Nom lawNwANNINN M/P1P Poem IM.••• O t ▪ 1.1.5.1.00111.0 yoma +'.100aaaws.AwNacw iwaanYw•AwaAa,m•I TV mRR169 MURPHY OIL USA, INC. MURPHY 200 PEACH STREET USA'r EL DORADO, AR 71731-7000 • SPn ,sa 1'I 0 3a ® c . Isvg a a r DATE PRN PM DES TRW ,�eia CONCEPTUAL LANDSCAPE PLAN MURPHY EXPRESS 13620 NW 27TH STREET OPA LOCKA FLORIDA IV IV ZCo 0 SHEET NO. CLP ELEVATION- FRONT li O ELEVATION- REAR ELEVATION -FRONT a, La MIMI emery caussorreverammaimr•wman 1/11•Vnlanian. Bain NO Ina WWI MIMS flit& TWIN IOW It ELEVATION- RIGHT ELEVATION- LEFT 4110 © TRASH BICLOSURE c —PYLON SKIN II MI IAnna Illaaaa - WOW. WM na Mina MIIIMOILIna•••• Mar WNW IBM nan Ina WWI MO War Inn WNW Inn adwd IMO 1.na Min ,/GreenbergFarrow MURPHY EXPRESS* MURPHY EXPRESS (2800 SF) AUGUST 7, 2018 PARCEL AREA OUT -PARCEL AREA R=Io OPA L.00KA BOULEVARD 2,824 SF 8 MPD (S) N PARCEL DATA MURPHY PARCH. 41.710 URBBNSPACB PROVIDED SPARKLED PARKING PARKING SPAS PROVIDED MR. IPM /SOO Sr. (60D9.) 10 (16 UP CANOPY) ZONING F2(C00DMMOAL/LABIAL) SETBACKS Man ROAD M011PAOSX 10 MIN. ®BBRRF. DaIiRIR SIDE: TBAI 10 MDI. SIGNAGE NOTES va. LOCATION VICINITY MAP 1. THIS IS A PRELIMINARY SITE PLAN AS SUCH. REGULATORY REVIEW AND PERMIT CONSIDERATOIN IS REQUIRED 2 PROPOSED ACCESS SHOWN ON PLAN IS SUBJECT TO COUNTY/CITY APPROVAL S. A CURRENT SURVEY IN CAD IS REQUIRED TO VERIFY PROPERTY LIMITS .. THE SITE IS WITHIN THE JURISDICTION OF CPA-LOCRA 5 FUELING STATIONS ARE PERMITTED BY SPECIAL EXCEPTION. DISCRETIONARY APPROVAL MID PUBLIC HEARING REQUIRED. 6. FDOT ACCESS AND DRAINAGE APPROVAL REQUIRED FOR CONNECTION TO ITT" AVE T. LASTED INFORMATION ON CURRENT DRAINAGE SYSTEM. EXFILTRAT1ON WILL BE REQUIRED FOR NEW DEVELOPMENT. B. SITE IS COMPRISED OF SEVERAL PARCELS DIVIDED BY ROW. VACATION OF EXISTING ROW MAY BE REQUIRED 6. OVERHEAD UTILITY LINES CURRENTLY RUNNING THROUGH SITE. WILL NEED TO BE RELOCATED i CL w U A I Aits *mos A..IiM w6..` zoo. Rim