HomeMy Public PortalAbout20-9828 Approving Variance for a Vehicle Carrier Facility 2395 Ali-baba AveSponsored by: City Manager
RESOLUTION NO. 20-9828
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING A
VARIANCE REQUEST FOR THE CONSTRUCTION AND
OPERATION OF A VEHICLE CARRIER FACILITY ON
THE PROPERTY LOCATED AT 2395 ALI-BABA AVENUE
IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE I-2
ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the applicant, Velocity Car Carriers Corp. ("Applicant") intends to
operate a Vehicle Carrier Facility on the Property, which is a car transportation
business that requires the use and storage of truck on the Property. The Applicant
intends to develop the Property with a surface parking area for up to seven (7)
trucks and a small office of approximately four hundred and twenty square feet
(420'2).; and
WHEREAS, according to the City of Opa-locka's official Zoning Map, the
Property is designated I-2 (Industrial Planned) which allows for an industrial use; and
WHEREAS, as indicated on the accompanying plans, the proposed plan meets
certain applicable zoning criteria except for lot size where the Property falls short of
the minimum 20,000 square foot requirement. The Property abuts NW 24th Avenue,
which is a dead-end street that runs along the entire length of the Property. The plan
includes a five foot (5') wide landscape buffer with a hedge and shade trees that will
run north to south along the property's east boundary abutting NW 24th Avenue. This
buffer will improve the visual appearance of the corner and will shield the parked
vehicles from view from the adjacent rights -of- way; and
WHEREAS, the Plans also incorporate traditional Moorish architecture to
complement the surrounding community and general design goals of the City.
WHEREAS, the applicant appeared and has presented their formal application
request, all evidence, documents, and marked exhibits before the Planning & Zoning
Board on September 8, 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 variance approval
at the September 8, 2020 meeting by a 5 to 0 vote, and
Resolution No. 20-9828
WHEREAS, the City Commission hereby approves the Variance request,
attached hereto as Composite Exhibit "A" hereto.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Recitals.
The above recitals are true and correct and are incorporated into this Resolution
by reference.
SECTION 2. Approval/Denial.
Approval/Denial of Variance Request. The City Commission of the City of Opa-
Locka hereby approves / denies a Variance Request for Construction and
Operation of a Vehicle Carrier Facility on the property located at 2395 Ali -Baba
Avenue identified by folio 08-2122-002-0580 in the I-2 Zoning District.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by
filing a corrected or re -codified copy of same with the City Clerk.
SECTION 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the City of
Opa-Locka Code of Ordinances and the City of Opa-Locka Charter.
PASSED AND ADOPTED this 9th day of December, 2020.
Matthew A. Pigatt, Mayor
ATTEST:
Vf3).i`�.
a Flores, City Clerk
2
Resolution No. 20-9828
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette N
City Attorney
Moved by: Commissioner Burke
Seconded by: Commissioner Davis
VOTE: 5-0
Commissioner Burke YES
Commissioner Davis YES
Commissioner Taylor YES
Vice -Mayor Williams YES
Mayor Pigatt YES
3
City of Opa-locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
:�
^ -�
Finance Director:
FD Signature:
Department
;
City Manager:
John E. Pate
CM Signature:
Commission Meeting
Date:
12-9-20
Item Type:
(EnterX in box)
Resolution
Ordinance
Other
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Fiscal Impact:
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Yes
No
Ordinance Reading:
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1St Reading
2nd
Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding Source:
Account# :
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& Dept)
Ex:
PTP
Advertising Requirement:
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Contract/P.O. Required:
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RFP/RFQ/Bi#: N/A
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Yes
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Strategic Plan Priority
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City Image •
i■
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 A VARIANCE REQUEST APPROVAL FOR THE CONSTRUCTION AND
OPERATION OF A VEHICLE CARRIER FACILITY ON THE PROPERTY LOCATED AT 2395 ALI-BABA
AVENUE IDENTIFIED BY FOLIO 08-2122-002-0580, IN THE 1-2 ZONING DISTRICT; PROVIDING FOR
AN EFFECTIVE DATE.
Staff Summary:
The Applicant intends to operate a Vehicle Carrier Facility on the Property, which is a car transportation
business that requires the use and storage of trucks on the Property. The Applicant intends to develop
the Property with a surface parking area for up to seven (7) trucks and a small office of
approximately four hundred and twenty square feet (420 ft2).
BACKGROUND
PCD Staff was visited by the Applicant concerning the process to be able to operate on this property at
2395 Ali Baba Avenue. In the meeting we explained they could request the vacation of the ROW and add
this property to their property at 2395 Ali Baba Avenue to meet the minimum lot size requirement. The
other option discussed was to request a variance as the property is only 15,929 square feet instead of the
required 20,000 square feet for an 1-2 zoning district property. Both requests would require presentation
before the City Commission. They would also need site plan approval and a development agreement.
The first step in that process was to submit a site plan. After the meeting Staff provided by email the
Planning & Zoning Board Application, Land Development Regulations: especially Article III -"Application
Review & Application Requirements", and a Draft of the Development Agreement. Staff provided the
Applicant with the process to formally request a vacation and of the process to request site plan approval
for their business to operate from this location and and approval of a Development Agreement.
Financial Impact — The Applicant will pay $70,000 to the City for the vacated property and the plat
approval. The project is a parking area and a small office and will not result in a significant increase to the
City's tax base.
Proposed Action:
Staff has recommended approval of this legislation upon the DA stating the phasing of the site to conform to the
required 20,000 sq ft. mimimum as required by code.
Attachment:
Variance Staff Report
2395 Ali baba (VR) Resolution 9-8-20
Variance LOI
Memo Review Process for 2395 Ali Baba Ave 9-15-20
PLANNING
& ZONING
ADVISORY
BOARD
September 8th
2020
Vehicle Carrier Facility - VELOCITY CAR CARRIERS LLC:
Variance Request
APPLICANT'S REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF
THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING A
VARIANCE REQUEST APPROVAL FOR THE CONSTRUCTION AND
OPERATION OF A VEHICLE CARRIER FACILITY ON THE
PROPERTY LOCATED AT 2395 ALI-BABA AVENUE IDENTIFIED BY
FOLIO 08-2122-002-0580, IN THE 1-2 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
Staff Report
30
Site Background
• According to Miami -Dade County Property Appraiser's website, the subject Property's legal description is as
follow:
22 52 41
OPA LOCKA CENTER PB 45-71
LOTS 1 & 2 BLK 313
LOT SIZE 15929 SQUARE FEET
OR 14741-2270 1090 1
• The subject property is currently own by VELOCITY CAR CARRIERS LLC. according to the Miami -Dade
County Property appraiser's website. The subject Property is currently an open lot parcel (Folio #08-2122-002-
0580), zoning for this parcel is I-2.
• The site is located at 2395 Ali -Baba Avenue. The site is only accessible via Ali Baba Avenue. Currently the
site is zoned as 1-2 which allow for the operation of a Truck Parking Facility. Section 22-81 of the Code
specifically includes, "tractor Trailer Truck and/or Major Vehicle (10,000 lbs. or greater)" with a built
structure. . The applicant is proposing to pursue a Variance in order to accommodate the request (see Existing
Condition Section).
WEST
ALI-BABA AVENUE
EAST
Figure 1: Google Street View, dated:
31
Page 32
11. Project Details
• Applicant's intent
The Applicant intends to operate a Vehicle Carrier Facility on the Property, which is a car
transportation business that requires the use and storage of truck on the Property. The Applicant intends to
develop the Property with a surface parking area for up to seven (7) trucks and a small office of
approximately four hundred and twenty square feet (420'2).
The proposed plan meets certain applicable zoning criteria except for lot size where the Property
falls short of the minimum 20,000 square foot requirement. The Property abuts NW 24th Avenue, which is
a dead-end street that runs along the entire length of the Property. The plan includes a five foot (5') wide
landscape buffer with a hedge and shade trees that will run north to south along the property's east boundary
abutting NW 24th Avenue. This buffer will improve the visual appearance of the corner and will shield the
parked vehicles from view from the adjacent rights -of- way.
Applicant
Folio Number (s)
Address Location
Building (s) Footprint
Floor Area
Zoning
Zoning Code Consistency
Existing Land Use
Future Land Use
Designation
Comprehensive Plan
Consistency
Applicable LDR Sections
SET BACKS/ YARD
Front (South)
Rear (North)
Side (East)
Side (West)
Corner Lots/ Other
Lot Coverage
Lot Density
Lot Size
VELOCITY CAR CARRIERS LLC
Opa-locka: 08-2122-002-0580
2395 Ali -Baba Avenue
Total Site Area —14,560 SF
New Building — 420 SF
Total 14,560 SF
1-2 — Industrial Planned
The proposed use for a Vehicle Carrier Facility is consistent with the 1-2 Zoning Code.
Truck Parking Facility / 1-2
N/A
The proposed use for a Vehicle Carrier Facility is consistent with the
Comprehensive Plan with the requested property being 1-2, however the lot
size is at the required minimum square footage. Applicant will be seeking a
variance for the property.
Ordinance no. 15-31, Article 111 Sec; 22-55; Article V Sec. 22-58, 22-81, Ord. no. 14-16
REQUIRED
15 Feet
PROPOSED
15 Feet
COMPLIANCE
YES
25 Feet
15 Feet
15 Feet
N/A
N/A
N/A
101-6" Feet
50-4" Feet
29 Feet
N/A
0.34%
N/A
20,000 SF (0.46 Acres) 14,656 SF (0.34 Acres)
YES
YES
YES
N/A
YES
N/A
NO
City of Opa-locka I Planni g and Community Development Department
Page 33
Lot Width
Building Height
Structure Length
Other Vehicular Use Area
Landscaping
Landscape/ Pervious Lot
Coverage
Local Government Action
Required
N/A
3 Stories or 45 Feet whichever
Tess
N/A
10,992.4 SF
NIA
Office Building:
1 story/ 12' feet
NIA
4,832.28 sq. ft.
NIA
YES
N/A
YES
Office buildings: pursuant to the
Land development Regulation
Ordinance 86-8: Article 4, section
22-95. one (1) Parking per 2500
square feet of floor area plus 1 per
400 square feet of office
(minimum 3 spaces).
-7 spaces required
* Off. Bldg. = 3 spaces
Required
Office Bldg.
420 SF
Parking Lot:
14,656 SF
Total Space Provided:
8 Total Spaces
5 Truck Spaces
3 Regular Spaces
YES
20% minimum required pervious 0% provided
NO
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
Monday, February 24th, 2020. To be advertise at least 10 days prior to this
Planning and Zoning Board meeting on Tuesday, September 8th, 2020.
- City Commission Meeting: TBD
The City Commission must review this site plan and consider approval/disapproval
after it is reviewed by the Planning and Zoning Board and any other applicable board
or agency.
City of Opa-locka 1 Planning and Community Development Department
Page 34
I I I . Overall Analysis
Existing Conditions:
• The Subject Property is generally surrounded by industrial properties to the north, west and east with ingress and
egress to Ali Baba Avenue.
• Sidewalk alongside the south of the Property
Surrounding Land Use and Zoning: Table 2
Loca
North
South
East
West
Industrial Industrial
ROW
Industrial
Industrial
1-2 (Industrial Planned)
ROW (Ali -Baba Ave) N/A
Industrial
1-2 (Industrial Planned)
Industrial 1-2 (Industrial Planned)
City of Opa-locka 1 Planning and Community Development Department
Page 35
Surrounding Zoning Designation Map
The Site is Highlighted in image
• General Character / 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:
• The propose development use 'Velocity Car Carriers" is in harmony with the general characteristic of the
surrounding neighborhood: Industrial Uses
COMPLIES
• Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE
NO.10-03
Findings:
■ The Applicant is proposing to include landscaping at .47ac. (Please see attached Landscape
Plan for Trees detailed information).
COMPLIES
• Fence: All fences constructed on property perimeters shall be of a solid masonry construction or a decorative
masonry block to prevent the view of any stored article. Fences shall be constructed in a way so as not to
obstruct or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two
hundred (200) feet of any intersection within the district.
Findings:
■ The Applicant is required to have fencing as the property is in an industrial district pursuant to
the City Land development Regulation/Zoning Code 15-31, I-2 Industrial Planned District
(Section 22-95).
• Future Land Use: Industrial (Communications, water and sewer facilities, electrical as needed).
- Findings:
• According to the City of Opa-locka Comprehensive Plan; the proposed project shall be located
within the City's Industrial land use designation category location.
COMPLIES
City of Opa-locka I Planning and Community Development Department
Page 36
• 1-2 (Industrial Planned) Permitted Uses: Project Specific: Truck Parking Facility
Findings:
■ According to the City's Land Development Regulation/ Zoning Code I-2 (Industrial Planned)
allows for a Truck Parking facility which is permitted within an I-2.
COMPLIES
• 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.
IV. Project Need Assessment 1 other Required Approvals
1. Site Plan
• Application submitted for Planning Council Meeting (this meeting) Tuesday, September
8 2020.
2. Development Agreement
• Application submitted for Planning Council Meeting (this meeting) Tuesday, September
8th 2020.
V Development Review Committee (DRC): Meeting Review Comments
1. Capital Improvement Project (CIP):
• No issues reported for the proposed Site Plan
2. Building:
• 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
s. Inter -jurisdictional Review:
• N/A
VI. Staff Recommendation:
City of Opa-locka 1 Plannung and Community Development Department
Page 37
VII.
- Staff recommend approval of this Site Plan pending the following other approvals:
• A Development Agreement must be submitted along with this Vehicle Carrier Facility Site
Plan pursuant to the city Land Development Regulation/ Zoning Code Ordinance no. 15-31:
Article V Section 22-112 and F.S. Section 163.3220-163.3243;
• All signage shall comply with the City's Sign Code Ordinance no. 15-31 Article X;
• All landscaping and parking areas must be provided and maintained as shown in the Vehicle
Car Carrier Site Plan;
• Trees to be planted 25' avg. oc.;
• Adequate landscape buffer around parking area;
• Compliance with resolution 5058, fare share agreement;
• Extend employment opportunity to City residents through the City's Human Resource dept.
and the Opa-locka workforce;
• Maintain 100% the use, function, or any recommendation the Planning and Zoning Board
deem necessary to this Vehicle Car Carrier site plan and or not limited to the provision of
satisfying all other city's land development code pertaining to the site, landscape and
structures;
• All trash & garbage containers shall comply with the City dumpster enclosure requirements;
• The Development Agreement (D.A.) shall specifically address the daily operation, business,
behaviors and any other requirements set forth by the City's Land Development Code,
Planning and Zoning Board and the City Commissioner for this proposed Vehicle Car Carrier
site plan;
• Address all Miami -Dade County's input/recommendations as appropriate
Attachments:
• Site Plan
• Development Agreement
• Variance Application
Planning and Community Development Department
Project Planner
Name and Title
Corion J. DeLaine, City Planner
Zoning
Gerald J. Lee, Zoning Official
Approved by
Gregory D. Gay, Director
Planning and Community Development
1111. Staff Report Updated After the Planning and Zoning Board Meeting on September
8th 2020. Reflected Actions:
I. Planning and Zoning Board Decision: (PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No. 2020-0908-01, 2020-0908-02, 2020-0908-03
RESOLUTION OF THE PLANNING AND ZONING BOARD, OF THE CITY OF OPA-LOCKA, RELATING
TO THE APPLICATION OF: Vehicle Carrier Facility
FOR: VARIANCE REQUEST APPROVAL REQUEST TO CONSTRUCT AND OPERATE THE FOLLOWING: A
14,656 SQ. FT.
VEHICLE CARRIER FACILITY WITH 8 PARKING SPACES.
City of Opa-locka I Plamung and Community Development Department
Page 38
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
b. DENIED
DATE: 09-08-2020
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 and 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
Chairperson or Designee
The Following changes/recommendations are updates based on the Planning and Zoning Board
Meeting discussions in regards to the proposed Vehicle Carrier Facility.
City of Opa-locka 1 Planning and Community Development Department
39
BERCOW RADELL FERNANDEZ LARKIN &TAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW
Direct: 305-345-9399
E -Mail: BFernandez@BRZoningLaw.com
VIA ELECTRONIC SUBMISSION
September 28, 2020
Mr. Gregory Gay
City of Opa-Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Re: 2395 Ali Baba Avenue - Street Closure Application
Dear Mr. Gay:
This law firm represents Velocity Car Carriers Corp., in relation to the
proposed street closure of NW 24th Court. This letter shall serve as the Applicant's
letter of intent is support of the closure. The applicant's request for street closure
meets the requirements of Ordinance Number 14-02 of the City of Opa-Locka as
follows:
The Applicant is the owner of the property that abuts the street to be
vacated. The owner has filed an application for site plan approval that describes
the Applicant's intent to utilize the property abutting the street (See the letter of
intent attached as Exhibit A) for their proposed car carrier business.
In addition, the street that the applicant is requesting be vacated is currently
not in use and was never developed as a public street. In addition, the general
public does not use the street nor have public service vehicles such as trash,
garbage trucks, police vehicles, fire rescue vehicles ever used the street.
In support of the street closure request, the applicant also hereby waives,
renounces, relinquishes, absolves and discharges the City of Opa-Locka from any
claim for damages of any nature and kind that the Applicant may have or claim or
demand, now or in the future, by reason of the vacating, closing, discontinuing
and abandoning of the public street.
The applicant will also provide releases from all affected utility companies
in relation to the street closure as a condition of the street closure and prior to the
final plat approval required by the street closure.
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Mr. Gregory Gay
City of Opa-Locka
September 28, 2020
Page 2
For all of the foregoing reasons we hereby request that the Planning and
Zoning Board recognize that the Applicant has addressed the requisite criteria and
we request the approval of the street closure from the City Commission.
Sincerely,
Ben Fernandez
BF\ bl
Enclosures
BERCOW RADELL FERNANDEZ LARKIN &TAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW
EXHIBIT A
BERCOW RADELL FERNANDEZ LARKIN &TAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW
Direct: 305-377-6235
E -Mail: BFernandez(p�BRZoningLaw.com
VIA ELECTRONIC MAIL
July 2, 2020
Mr. Gregory Gay
City of Opa Locka
780 Fisherman Street, 4th Floor
Opa-Locka, FL 33054
Re: 2395 Ali Baba Avenue - Variance for Lot Size
Dear Mr. Gay:
This law firm represents Velocity Car Carriers Corp., the owner and
applicant (the "Applicant") in relation to the referenced property, more
specifically described by the Miami -Dade Property Appraiser's Office as Folio No.
08-2122-002-0580 (the "Property"). This letter shall serve as the Applicant's letter
of intent in support of a request, pursuant to Opa-Locka City Code Section 22-58,
for a variance to allow the Property to be developed with a lot size of under 20,000
square feet to accommodate a new truck parking facility.
Property. The property is located in an industrial area at the northeast
intersection of Ali Baba Avenue and NW 24th Court and is approximately 14,560
square feet in size. The Property is presently un-developed.
SOUTHEAST FINANCIAL CENTER • 200 SOUTH BISCAYNE BOULEVARD, SUITE 850 • MIAMI, FLORIDA 33131
PHONE. 305.374.5300 • FAX. 305.377.6222 • WWW.BRZONINGLAW.COM
Gregory Gay
July 2, 2020
Page 2
Aerial
Proposed Use. The Applicant intends to operate Velocity Car Carriers on
the Property, which is a car transportation business that requires the use and
storage of truck on the Property. The Applicant intends to develop the Property
with a surface parking area for up to seven (7) trucks and a small office of
approximately four hundred and twenty square feet (420'2). The proposed plan
meets all of the applicable zoning criteria, as discussed further below, except for
lot size where the Property falls short of the minimum 20,000 square foot
requirement. The plan includes a five foot (5') wide landscape buffer with a hedge
and shade trees that will run north to south along the property's east boundary
abutting NW 24th Court. This buffer will improve the visual appearance of the
corner and will shield the parked vehicles from view from the adjacent rights -of -
way.
BERCOW RADELL FERNANDEZ LARKIN &TAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW
Gregory Gay
July 2, 2020
Page 3
TOTTL mar
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Proposed Plan
Land Use. The Property is designated on the City of Opa-Locka
comprehensive development land use plan for Industrial use. This designation
provides for a wide range of land uses including research, assembly, fabrication,
manufacturing, repair, service, retail, entertainment, and places of assembly.
Areas in the Corridor Mixed Use Overlay Zoning District may be developed with
industrial -commercial mixed use in accordance with the regulations for that
district.
BERCOW RADELL FERNANDEZ LARKIN &TAPANES
ZONING, LAND USE AND ENVIRONMENTAL L A W
Gregory Gay
July 2, 2020
Page 4
Zoning. The Property is zoned I-2 (Liberal Industrial) with a Corridor
Mixed Use overly (see Zoning Map excerpt below).
Zoning Map
This zoning district allows truck parking. Section 22-81 of the Code
specifically includes, "tractor Trailer Truck and/or Major Vehicle (10,000 lbs. or
greater)". The proposed plan, prepared by Calc Engineering dated May 26, 2020
complies with all of the I-2 zoning regulations except for lot size. Accordingly, the
Applicant is requesting a variance to allow a lot size of 14,560 square feet, where
20,000 square feet is required. This represents an approximately 0.728% deviation
which is relatively minor. In addition, the Property abuts NW 24th Court, which
is a dead-end street that runs along the entire length of the Property. The land that
comprises this street provides an additional open area that helps to mitigate for
the deficit in the Property's size.
Variance. The Opa-Locka City Code, Section 22-58, requires that an
explanation and evidence addressing six (6) standards must be met provided in
relation to the approval of a variance application. Below are the six (6) standards
with each standard followed by the Applicant's response. As evidence in support
BE RCOW RADELL FERNANDEZ LARKIN EtTAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW
Gregory Gay
July 2, 2020
Page 5
of the application, the Applicant is also providing photos of the area, Property
Appraiser information and the proposed plan.
Section 22-58 Standards:
1. That strict application of the regulations of this ordinance would
produce undue hardship.
In the present case, it is clear that the regulations which require a
minimum lot size that is only approximately 8% greater than the
Property, results in a hardship to the Applicant. Similarly situated lots
with less convenient vehicular access are operating with uses like the
Applicant's proposed car carrier use. Accordingly, the Applicant is
prohibited from operating a use that is permitted in the I-2 zoning
district, but for the minor lot size deficiency.
2. That such demonstrated hardship is not shared generally by other
properties in the same zoning district and in the same vicinity.
Most of the other lots in the vicinity are already operating with uses that
include truck access and truck parking, whether due to the fact that
these lots are larger or that the uses are grandfathered. Therefore, the
hardship in question is not shared with other properties in the area.
3. That the authorization of such variance will not be of substantial
detriment to adjacent properties and that the character of the district
will not be changed by the granting of the variance.
The proposed use is characteristic of the I-2 industrial area and will be
compatible with other existing uses. For instance, Kauff's
Transportation System is located immediately across NW 24th Avenue.
4. Such variance is not contrary to the public interest or to the stated
purpose of this ordinance.
The proposed variance would not be contrary to the public interest. The
variance would allow the business to operate on the Property, providing
new employment opportunities, while potentially also increasing the
Property's tax base.
5. That the hardship is not self-imposed.
BERCOW RADELL FERNANDEZ LARKIN 6TAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW
Gregory Gay
July 2, 2020
Page 6
The hardship in question is not self-imposed as the Applicant purchased
the Property in August 2019, and it was the same size then as it is today.
The Applicant has not reduced the total lot size and purchased the lot
with the intention of operating the proposed industrial use on the
Property.
6. That the hardship is not financial in nature.
The hardship created by the Property is not financial in nature. The
variance is necessary in order to operate the business on the Property.
Without the variance the Applicant cannot operate, therefore, the
hardship created is not a matter simply a financial matter.
For all of the foregoing reasons, the Applicant requests your favorable
review and recommendation in support of the variance request. Please contact me
directly should you have any questions concerning this matter.
Sincerely,
Ben Fernandez
BF/bl
Enclosures
BERCOW RADELL FERNANDEZ LARKIN &TAPANES
ZONING, LAND USE AND ENVIRONMENTAL LAW