HomeMy Public PortalAbout20-9777 Approval of Development Agreement for Retail Center on Superior Street and 27th AvenueSponsored by: City Manager
RESOLUTION NO. 20-9777
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.
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.
1
Resolution No. 20-9777
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 development agreement 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 Tune, 2020.
Matthew A.igatt, Mayor
2
Resolution No. 20-9777
ATTEST:
Joan . Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
' ' f fc kg
Burnadette Norris- eeks, P.A.
City Attorney
Moved by: COMMISSIONER BURKE
Seconded by: COMMISSIONER KELLEY
VOTE: 5-0
Commissioner Bass YES
Commissioner Burke YES
Commissioner Kelley YES
Vice -Mayor Davis YES
Mayor Pigatt YES
3
SUNDAY TUNE 14 2020
H lAM HE RAID (ON
NEIGHBORS
7NW
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, 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-locka
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:
(EnterX in box)
Resolution
prd ance
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
let 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 Area:
Enhance Organizational El
Bus. & Economic Dev III
Public Safety 0
Quality of Education El
Qual. of Life & City Image El
Communcation El
Strategic Plan
Obj./Strategy: (list the specific
objective/strategy this item will
address)
X
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 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.
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 — Development Agreement
P & Z Board Meeting Minutes 5-5-20
Staff Report
PLANNING &
ZONING BOARD
May 5th
2020
TNJ REALTY/Murphy Express Gas Station:
Development Agreement
APPLICANT'S REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA,
RECOMMENDING APPROVAL FOR MODIFICATION OF THE DEVELOPMENT AGREEMENT FOR
THE CONSTRUCTION OF A RETAIL CENTER ON THE PARCELS BOUNDED BY SUPERIOR STREET,
NW 27 AVENUE AND OPA LOCKA BOULEVARD AND 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.
Enn e-Maps Viewer
GIS data tar mau disdav
City of Opa-locka I Planning and Community Development Depattrnent
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 Opa-locka I Planning and 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 I 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 Plamring and Community Development Department
Page 6of12
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 Develo • merit R-,• elation / Zonin • Code
Applicant
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
Zoning Code Consistency
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 Height
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
PROPOSED
COMPLIANCE
10 Feet
15 Feet
0 Feet
0 Feet
N/A
80% maximum
N/A
5,000
NIA
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
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:
YES
YES
YES
YES
N/A
YES
N/A
YES
N/A
YES
N/A 11111
N/A
YES
YES
35 Spaces
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 Planning and Community Development Department
Local Government Action
Required
III. Overall Analysis
Page 8 of 12
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
North
South
East
West
Existin ' Land Use
Future Land Use FLU
4
Commercial
DownTown Mixed Use /
Commercial
B-2 (Liberal Commercial) / R-1
Residential
Commercial
Commercial
Residential /
Commercial
The Site is Highlighted in Red
Commercial
Commercial
DownTown Mixed Use
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 II -limning and Community Development Department
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
5t, 2020
3. Development Agreement
• Application submitted for Planning & Zoning Board Meeting (this meeting) Tuesday, May
5t, 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 10of12
• 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
Planning and Community Development Department
City Planner Corion DeLaine, City Planner
Zoning Official
Gerald J. Lee, Zoning Official
Approved by
Gregory D. Gay, Director
Planning and Community Development
City of Opa-locka I Planning and Community Development Department
Page 11of12
VIII. Staff Report Resolution No. DA-20 (TBD)
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA,
RECOMMENDING APPROVAL FOR MODIFICATION OF THE DEVELOPMENT AGREEMENT FOR THE
CONSTRUCTION OF A RETAIL CENTER ON THE PARCELS BOUNDED BY SUPERIOR STREET, NW 27
AVENUE AND OPA LOCKA BOULEVARD AND 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, 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: 05-05-2020
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 I Planning and Community Development Department
TNJ REALTY
Making Your Neighborhood Better
William J. Green, Jr., J.D
TNJ Realty, LLC
2257 SW 132nd Avenue
Miramar, Florida 33027
Greetings Mr. Lee,
Gerald Lee
Zoning Official
780 Fisherman Street
Opa Locka, Florida 33054
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.
Currently the property is zoned B-2 with a mixed -use overlay. The Developer is seeking
confirmation from the City of Opa-Locka that the proposed uses are allowed in this zone.
Furthermore, the Developer is verifying all necessary steps that need to be adhered to ensure a
smooth process as the project moves forward.
If there are any questions or concerns please don't hesitate to contact William Green, My number
is 305-632-8601 my email is Wjgreen2c gmail.com. Thanks for all of your assistance,
Sincerely,
William J. Green Jr., J.D
Attachment: Draft Site Plan
Record and Return to: (enclose self-addressed stamped envelope)
This Instrument Prepared by:
Law Offices of Burnadette Norris -Weeks, P.A.
City Attorney
City of Opa-locka
780 Fisherman Street
Ft. Lauderdale, FL 33311
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA
AND TNJ REALTY, LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day
of June, 2020("Execution Date") by and between TNJ REALTY LLC, its successors and assigns,
a Limited Liability Company ("Developer") with a mailing address of 2257 SW 132nd Avenue,
Miramar Florida 33027 and the City of Opa-Locka, Florida, a municipal corporation and a
political subdivision of the State of Florida ("City"), with a mailing address of 780 Fishermen
Street, Opa-locks Florida 33054.
WITNESSETH:
WHEREAS, the Owner/Developer intends to develop a retail (gas station on the eight
parcel site, approximately 1.8 acres of land, bounded by Superior Street, NW 27 Avenue and
Opa Locka Boulevard, Opa-Locka, FL 33054, and
WHEREAS, fee simple Owner/ Developer of the properties that comprise this site which
are identified by Miami -Dade County Tax Folio Nos. 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 (the "Property"), and are zoned B-2 (Liberal Commercial) and legally described
on the attached Exhibit "A"; and
WHEREAS, at its meeting of September 11, 2019 the City Commission by adoption of
Ordinance Number 19-08 approved the vacation of the alleyways that are between the eight
parcels previously identified to allow the development of the retail center according to the
submitted site plan; and
WHEREAS, at its meeting on October 9, 2019 the City Commission approved the
Declaration of the alleyways as surplus pursuant to Resolution Number 19-9707 and approved
the Sale of the alleyways to this owner/developer pursuant to Resolution Number 19-9708 and
approved the site plan for the construction of a retail center on the eight parcel site including the
adjacent alleyways pursuant to Resolution Number 19-9706 and approved the development
agreement for this project pursuant to Resolution Number 19-9709; and
WHEREAS, this Agreement shall be recorded in the public records of Miami -Dade
County; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the
Florida Local Government Development Agreement Act, the Florida Legislature has determined
that the lack of certainty in the development process can result in a waste of economic and land
development resources, discourage sound capital improvement planning and financing, escalate
the cost of housing and development, and discourage commitment to comprehensive planning;
and
WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement
planning and financing, assists in assuring there are adequate capital facilities for the
development, encourages private participation in comprehensive planning, and reduces the
economic costs of development; and
WHEREAS, the Owner/Developer and the City desire to establish certain terms and
conditions relating to the proposed development of the Property and wish to establish identifiable
parameters for future development; and
WHEREAS, the City Commission pursuant to Resolution No. 19-9709, adopted on
October 9, 2019 authorizes the City Manager to execute this Agreement upon the terms and
conditions set forth below, and the Owner/Manager has authorized the Developer to execute this
Agreement upon the terms and conditions set forth below; and
NOW, THEREFORE, in consideration of the conditions, covenants and mutual
promises herein set forth, the Owners/Developer and City agrees to as follows:
Recitals. The foregoing recitals are true and correct and are hereby incorporated
herein by reference. All exhibits to this Agreement are hereby deemed a part
hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to
both parties and thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone or more additional term(s) approved by
mutual consent of the parties pursuant to a public hearing pursuant to
Section 163.3225, F.S.
(b) "Agreement" means this Chapter 163, F.S., Development Agreement
between the City and Owners/Developer.
(c) "City" means the City of Opa-Locka, a municipal corporation and a
political subdivision of the State of Florida, and all departments, agencies
and instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan" means the plan adopted by the City pursuant to
Chapter 163, F.S.
(e) "Owner/Developer" means the persons or entities undertaking the
development of the Property, defined in the preamble to this Agreement,
TNJ REALTY LLC and/or any of its respective successors, assigns, or
heirs thereof.
(f) "Development" means the carrying out of any building activity, the
making of any material change in the use or appearance of any structure or
land, or the dividing of land into three or more parcels and such other
activities described in Section 163.3221(4), F.S.
(g)
"Development Permit" includes any building permit, zoning or
subdivision approval, certification, special exception, variance, or any
other official action of local government having the effect of permitting
the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of
the Circuit Court in and for Miami -Dade County,
(i) "Entire Term" is the total term of this Agreement, combining the Initial
Term (thirty (30) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to
this Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's
approval of the Site Plan, and (b) the provisions of the Charter,
Comprehensive Plan and Laws of the City of Opa-Locka, including the
City of Opa-Locka's Unified Land Development Regulation Code and the
Ordinance, as amended through the Effective Date.
(1) "TNJ Realty LLC Site Plan" is the Final Site Plan approved by the City
Commission via Resolution No. 19-9706 for the construction of a Retail
Center on this eight parcel site.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is thirty (30) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface
and includes any improvements or structures customarily regarded as land,
except as provided herein.
(p)
(q)
"Land Development Regulations" means ordinances, rules and policies
enacted or customarily implemented by the City for the regulation of any
aspect of development and includes any local government zoning,
rezoning, subdivision, building construction, or sign regulation or any
other regulations controlling the development of or construction upon land
in effect as of the Effective Date.
"Laws" means all ordinances, resolutions, regulations, comprehensive
plans, Land Development Regulations, and rules adopted by the City of
Opa-Locka affecting the development of land in effect as of the Effective
Date, including Opa-Locka's Unified Land Development Regulation Code,
the Ordinance and the Resolution Number 15-31.
(r) "Parties" means the City and the Owner/Developer
(s) "Project" is the TNJ Realty LLC development which includes the
development of two retail spaces of 3,500 square feet and 4,485 square
feet and two restaurants of 2,237 square feet and 2,965 square feet. The
retail uses would occupy the perimeter of the site with the parking and
circulation being on the interior of the site.
(t) "Property" means the 8 properties and alleyways that are bounded by
Superior Street, NW 27th Avenue and Opa Locka Boulevard, Opa-Locka,
FL. 33054 and identified by Miami -Dade County Tax Folio Nos. 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 (the "Property"), and are zoned B-2 (Liberal Commercial) and
legally described on the attached Exhibit "A".
(u) "Public Facilities" means major capital improvements, including, but not
limited to transportation, transit, sanitary sewer, solid waste, drainage,
potable water, educational facilities, parks and recreational, and health
systems and facilities for which the City's Comprehensive Plan sets forth
required levels of service.
(v) "Resolution" means the resolution defined in the preamble to this
Agreement, City of Opa-Locka Resolution Number 19-9706 approving the
TNJ Realty LLC Project Site Plan and Resolution Number 19-9709
approving the Development Agreement.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be
construed and implemented as a development agreement among the parties
pursuant to the Florida Local Government Development Agreement Act, Section
163.3220 through 163,3243, F.S., ("Act"), in compliance with section 4.16 of the
City of Opa-Locka's Unified Land Development Regulation Code, the Ordinance
and the Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all
parties, the City shall record, with recording fees paid by the Owner, the
Agreement with the clerk of the Circuit Court for Miami -Dade County. This
Agreement shall become binding on the Effective Date. Notwithstanding the
Effective Date provided herein and required by Section 163.3239, P.S., the City
and the Owners/Owners shall act in good faith to carry out the intent of the
Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the
land, remain in full force and effect, and be binding on all Parties (including the
Owner) and all persons claiming under it for an Initial Term of thirty (30) years
from the Effective Date, and may be extended for one or more Additional Term(s)
thereafter by mutual consent of the parties subject to two public hearings pursuant
to Section 163.3225, F.S. Consent to any extension of this Agreement requires
approval of both parties to this Agreement. No notice of termination shall be
required by either party upon the expiration of this Agreement and thereafter the
parties hereto shall have no further obligations under this Agreement. The
obligations imposed pursuant to this Agreement upon the parties and upon the
Property shall run with and bind the Property as covenants running with the
Property, and this Agreement shall be binding upon and enforceable by and
against the parties hereto, their personal representatives, heirs, successors,
grantees and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default. Upon the expiration of the agreement, the
city shall have ability and the rights under its police power to adopt Zoning
Regulations not inconsistent with the rights granted hereunder. In the event of
termination or default, no further rights under this agreement shall exist, whether
brought under a claim of vested right, equitable estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the
Owner agrees as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of
Occupancy for the Project, and shall be served by water and sanitary
sewer main extensions as required by the city in accordance with Miami -
Dade County permitting requirements
(b) All Public Facility improvements required by the City, by Miami -Dade
County, Florida, or voluntarily proposed by the Owner to be installed by
Owner shall be constructed in accordance with applicable governmental
regulations prior to the issuance of a Certificate of Occupancy of the
Project.
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its graphic and
verbal representation submitted to the City Commission in order to receive
approval of the TNJ Realty LLC Retail Center Site Plan. Such items
include, but are not specifically limited to:
• Design of all physical structures, water bodies, private and public
improvements; and
• The color and dimensional characteristics of all building materials.
• All landscaping, bay, loading and parking spaces must be provided
and maintained as shown on the site plan.
(e) Owners guarantee to preserve and maintain all building and structures
consistent with the TNJ Realty LLC Site Plan for the eight parcel site
including the vacated alleyways for the properties bounded by Superior
Street, NW 27th Avenue and Opa Locka Boulevard to construct a Retail
(Gas Station) as displayed on the site plan or to cause any tenant of the
Property to do so, for the entire period in which the Owner/Developer
owns the land or controls at least 51% ownership of the Property, or
control at least 10% of any entity to which his agreement has been
assigned, sold or otherwise transferred. Any new owner must abide by the
terms of this agreement until October 2050.
(0
(g)
Owner/Developer shall submit annual reports and additional
documentation to the City as required by the Resolution to verify
continuing compliance with the Resolution.
The Owners/Developer will not physically alter or substitute the design of
structures, materials and colors included in the TNJ Realty LLC Site Plan
except as approved by the City in the City's sole discretion. In the event
that building materials or colors are no longer available, the burden shall
be on Owners/Developer and his assigns to prove that said materials or
colors are in fact unavailable.
(h) The Owners/Developer, and his Assigns, Successors or any other Owner
of the property shall not apply to the Value Adjustment Board to obtain a
lower assessment on the subject property of this Development Agreement
during the thirty (30) years this Development Agreement is in effect.
Owner agrees that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
The Owners/Developer agrees to employ Opa-locka residents through the
assistance of the Career Source South Florida Office and shall also request
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. [Note: City to provide Owner/Developer with a copy of
the referenced Memorandum of Understanding and any additional
documentation regarding this requirement.]
(k) The Owners/Developer agreed:
(1) To host job fairs within the City of Opa-locka before and during the
demolition and construction phase of this development for
construction jobs;
(2) To host job fairs within the City of Opa-locka after construction for
retail business operation jobs;
(1) All trash and garbage containers shall comply with all city dumpster
enclosure requirements.
(m) Hours of operations: 24 hours/7 days a week
(n) The Owner / Developer must comply with the following timeline, which
applies immediately upon approval of this Development
Agreement/Restrictive Covenant: Violation of this timeline may result in;
the revocation of any approved Development Permit and/or any actions
deemed necessary by the City of Opa-locka:
• Apply for building permits for Demolition: within 6 months from
the execution of the Development Agreement. The Developer has
agreed that the demolition of all existing structures will provide 8
to 10 labor jobs.
The City Manager may grant a single 6 month extension for good
cause shown.
• Start construction: within 18 months following issuance of permits.
The City Manager may grant a single 12 month extension for good
cause shown.
■ Complete project: within 54 months following issuance of permits.
The City Manager may grant a single 12 month extension for good
cause.
(o) Any liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this Agreement.
(p)
(q)
In the event the retail (gas station) is not developed within fifty-
four (54) months from the date of the sale, the property (the alleys)
will revert back to the ownership of the City of Opa-locka with no
monies being due to Owner/Developer.
Owner/Developer shall comply with all terms and conditions set forth in
City Commission Resolution No. 19-9709 authorizing the execution of
this Development Agreement.
10. Development Permits. In accordance with Section 163.3227(f), F.S., the City
need to approve the following additional development permits upon proper
submission of all requirements, and City review or inspections, in order for the
Owner to develop the Project:
(a)
(b)
Site plan approvals;
Modifications to existing approvals and permits, including the TNJ Realty
LLC Site Plan
Water, sewer, paving and drainage permits;
Building permits;
Sign permits;
Certificates of use and occupancy; and
Any other official action of the City and/or Miami -Dade County, Florida
or other applicable regulatory agencies having the effect of permitting the
development of land or providing permits required for the development of
Property.
(h) Any liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this agreement for this property or any other
property owned by TNJ Realty LLC.
(i)
All currently non -compliant physical structures or vehicles shall be
removed prior to the execution of this agreement.
11. Public Services and Facilities; Concurrence. In accordance with Section
163.3227(d), F.S., the City and the Owners/Owners anticipate that the Property
and the Project will be served by those public services and facilities currently in
existence as provided by the State of Florida, Miami -Dade County, the City,
and/or as contemplated in the TNJ Realty LLC Site Plan. The Property and the
Project will also be served by any and all public facilities provided in the City's
Comprehensive Plan, specifically including but not limited to, those public
facilities described in the Comprehensive Plan's Capital Improvements Element.
For the purposes of concurrency, the City hereby agrees to provide, reserve, and
allocate sufficient public facility capacity, including but not limited to water,
sanitary sewer, solid waste, drainage, fire and police to serve the development of
the Project on the Property. All development orders or permits sought to be issued
for the Project pursuant to this Agreement must be able to meet concurrency
standards set forth in the Comprehensive Plan (concurrency regulations) and to be
consistent with Land Development Regulations, so long as the Owners/Owners
constructs the Property in compliance with the City's Laws, Comprehensive Plan
and Land Development Regulations in existence as of the Effective Date.
Owners/Owners shall be bound by the City impact fees and assessments in
existence as of the Effective Date of this Agreement. Nothing in this paragraph
shall relieve the Owners/Owners of the requirement to pay impact fees and
assessments.
12. Consistency with Comprehensive Plan. In accordance with Section
163.3227(g), F.S., the City hereby finds and declares that the Owners
development of the Project on the Property complies with the Laws, ordinances,
regulations and policies of the City of Opa-Locka, and is consistent with the
City's Laws, Comprehensive Plan and Land Development Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act for
the Entire Term of this Agreement, the City hereby agrees that it shall permit the
development of the Project in accordance with the Laws of the City of Opa-
Locka, including the City's Comprehensive Plan and Land Development
Regulations, as of the Effective Date of this Agreement, subject to the conditions
of this Agreement. Except as otherwise provided in the Act, the City's Laws and
policies governing the development of the Property as of the Effective Date of
this Agreement shall govern the development of the Property for the Entire Term
of this Agreement unless terminated. Development of the Property as outlined
herein shall not be subject to any future changes to the Laws of the City, including
the City's Land Development Regulations and Comprehensive Plan designation
after the Effective Date and during the Entire Term of this Agreement, except to
the extent that Owners consent to such changes and except as otherwise provided
in the Act. The City may apply subsequently adopted laws or policies to the
Property only as permitted or required by the Act or as provided above or upon
this agreement being terminated or having expired
14. Zonina and Other Approvals. The Parties hereto recognize and agree that
certain provisions of this Agreement require the City and its boards, departments
or agencies, acting in their governmental capacity, to consider governmental
actions, as set forth in this Agreement. All such considerations and actions shall
be undertaken in accordance with established requirements of state statutes and
municipal ordinances, in the exercise of the City's jurisdiction under the police
power. Nothing in this Agreement shall be construed to prohibit the City from
duly acting under its police power to approve, approve with conditions, or reject
any public hearing application dealing with the Property.
15. Necessity of Complying, with Local Regulations Relative to Development
Permits. In accordance with Section 163.3227(i), F.S., this Agreement is not and
shall not be construed as a development permit or authorization to commence
Development. The Owners/Owners and the City agree that the failure of this
Agreement to address a particular permit, condition, fee, term or restriction in
effect on the Effective Date of this Agreement shall not relieve Owners/Owners of
the necessity of complying with any and all regulations governing said permitting
requirements, conditions, fees, terms or restrictions as long as compliance with
said regulation and requirements do not require the Owners/Owners to develop
the Property in a manner that is inconsistent with the Laws of the City of Opa-
Locka in existence as of the Effective Date.
16. Good Faith; Further Assurances. The parties to this Agreement have negotiated
in good faith. It is the intent and agreement of the parties that they shall cooperate
with each other in good faith to effectuate the purposes and intent of and to satisfy
their obligations under this Agreement in order to secure to themselves the mutual
benefits created under this Agreement. In that regard, the parties shall execute
such further documents as may be reasonably necessary to effectuate the
provisions of this Agreement, provided that the foregoing shall in no way be
deemed to inhibit, restrict, or require the exercise of the City's police power or
actions of the City when acting in a quasi-judicial capacity.
17. Notices. Any notice required or permitted to be given under this Agreement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
a recognized courier (such as Federal Express) or mailed by certified or registered
mail, return receipt requested, in a postage prepaid envelope and addressed as
follows:
If to the City City Manager
at: City of Opa.-Locka
780 Fishermen Street, 4th Floor
Opa-Locka, Florida 33054
With a copy
P.A.
If to the Owners/Owners
at:
Law Offices of Burnadette Norris -Weeks,
City Attorney
City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
And
401 North Avenue of the Arts,
Ft. Lauderdale, FL 33311
TNJ REALTY LLC
do William Green, Managing Partner
2257 SW 132nd Avenue
With a copy to:
Miramar Florida 33027
The Barrister Law Firm
c/o Christopher Benjamin
P.O Box694011
Miami Florida 33269
18. Governing Laws, Construction and Litigation. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida. The
Owners/Owners and the City agree that Miami -Dade County, Florida is the
appropriate venue in connection with any litigation between the parties with
respect to this Agreement. All of the parties to this Agreement have participated
fully in the negotiation and preparation hereof; and accordingly, this Agreement
shall not be more strictly construed against any of the parties hereto. In construing
this Agreement, captions, and section and paragraph headings shall be
disregarded. All of the exhibits referenced in this Agreement are incorporated in,
and made a part of, this Agreement. In the event of any litigation between the
parties under this Agreement for a breach thereof, the prevailing party shall be
entitled to reasonable attorney's fees and court costs at all trial and appellate
levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the
execution of this Agreement which are applicable to and preclude the parties'
compliance with the terms of this Agreement, such Agreement shall be modified
or revoked as is necessary to comply with the relevant state or federal laws
19. Severability. In the event that any term or provision of this Agreement is
determined by an appropriate judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or construed as deleted as
such authority determines, and the remainder of this Agreement shall be construed
to be in full force and effect.
20. Entire Agreement. This Agreement sets forth the entire Agreement and
understanding between the parties hereto relating in any way to the subject matter
contained herein and merges all prior discussions between the Owners/Owners
and the City. Neither party shall be bound by any agreement, condition, warranty
or representation other than as expressly stated in this Agreement and this
Agreement may not be amended or modified except by written instrument signed
by both parties hereto and in accordance with Section 163.3225, F.S.
21. Indemnification. The Owners/Owners shall indemnify and hold harmless the
City, its elected and appointed officials, employees, agents and assigns from and
against any claims or litigation arising from this Agreement instituted by third
parties.
22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City
shall review the Property subject to this Agreement at least once every 12 months
to determine if there has been demonstrated good faith compliance with the terms
of this Agreement. If the City finds, on the basis of substantial competent
evidence, that there has been a failure to comply with the terms of this
Agreement, this Agreement may be revoked or modified by the City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Clerk City Manager
Dated: day of , 20_
Approved for form and legal sufficiency:
City Attorney:
OWNERS/OWNERS
Owner/ Developer.
WITNESS: TNJ REALTY LLC
By:
Signature Name: William J. Green
Title: Managing Partner
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
)
)
The foregoing instrument acknowledges before me this day of ,
20 by William J. Green on behalf of TNJ REALTY LLC who is personally known to me or
has produced as identification, and acknowledged
that she/he did execute this instrument freely and voluntarily for the purposes stated herein.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
EXHIBIT A- PROPERTY LEGAL DESCRIPTION/SURVEY/SITE PLAN