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HomeMy Public PortalAbout20-9830 Approving Development Agrmt for a vehicle carrier facility 2395 Ali-baba AvenueSponsored by: City Manager RESOLUTION NO. 20-9830 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BY VELOCITY CAR CARRIERS CORP. 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 APPROVAL; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S ERRORS; 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 site plan review request; and WHEREAS, Velocity Car Carriers Corp. ("Applicant") intends to operate 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)("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 twenty square feet (420'2); and WHEREAS, the applicant is requesting approval of the Development Agreement 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.; and 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 development agreement approval at the September 8, 2020 meeting by a 5 to 0 vote, and Resolution No. 20-9830 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 City's Land Development Regulations, Ordinance 15-31 require a minimum property size of 20,000 square feet for an I-2 zoning district property. 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 aforementioned plans also incorporate traditional Moorish architecture to complement the surrounding community and general design goals of the City; and WHEREAS, the City Staff is recommending that the City Commission approve the Development Agreement attached hereto as Exhibit "A, including to specifically note that the phasing of the site will conform to the required 20,000 sq ft. minimum as required by City Code. 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 Development Agreement. The City Commission of the City of Opa-locka hereby approves / denies the Development Agreement by Velocity Car Carriers Corp. 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, attached hereto as Exhibit "A, including to specifically note that the phasing of the site will conform to the required 20,000 sq ft. minimum as required by City Code. 2 Resolution No. 20-9830 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. s�> Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk APPROVED AS TO FORM AND LEG • L FFICIENCY: 1 Burnadette Norf -Weeks, P.A. City Attorney Moved by: COMMISSIONER BURKE Seconded by: COMMISSIONER DAVIS 3 Resolution No. 20-9830 VOTE: 5-0 Commissioner Burke YES Commissioner Davis YES Commissioner Taylor YES Vice -Mayor Williams YES Mayor Pigatt YES 4 City of Opa-locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: % ' 7 Vi' r : , Finance Director: FD Signature: Department r\ City Manager: John E. Pate CM Signature: Commission Meeting Date: 12-9-20 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1st Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) Ex: PTP Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bi#: N/A x Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & City Communcation Area: im Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X Dev NI IM Image • • 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 DEVELOPMENT AGREEMENT 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: Development Agreement Staff Report Development Agreement 2395 Alibaba (DA) Resolution 9-8-20 Memo Review Process for 2395 Ali Baba Ave 9-15-20 Record and Return to: (enclose self-addressed stamped envelope) Ben Fernandez, Esq. Bercow Radell Fernandez Larkin & Tapanes, PLLC 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 This Instrument Prepared by: City Attorney SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA, FLORIDA; AND VELOCITY CAR CARRIERS CORP. THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of , 20 ("Execution Date") by and between Velocity Car Carriers Corp., a Florida Corporation, 14068 NW 88th Place, Miami Lakes, Florida 33018, 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, 4th Floor, Opa-locka Florida 33054. WITNESSETH: WHEREAS, the Owner is the fee simple owner of approximately 0.34 acres of land located at 2395 Ali Baba Avenue, Opa-Locka, FL 33054, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio No.08-2122-002-0580 (the "Property"), the legal description which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the City's Commission adopted Resolution Number approving a Master Site Plan for the truck parking facility which includes approximately 420.00 square feet office; 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 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. , adopted on , authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below, and the Manager of Owner have authorized the Owner 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/Owners and City agrees to as follows: 1. 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/Owners. (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" means the persons or entities undertaking the development of the Property, defined in the preamble to this Agreement, 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) "Velocity Car Carriers Site Plan" is the Final Site Plan approved by the City Commission via Resolution No. for a truck parking facility. (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) "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. (q) "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 (r) "Parties" means the City and the Owner/Developer (s) "Project" is the Velocity Car Carriers project as described by the truck parking facility Site Plan. (t) "Property" means the approximately one (1) parcel of land located 2395 Ali Baba Avenue, Opa-Locka, FL. 33054 and identified by Miami -Dade County Tax Folio No. 08-2122-002-0580, the legal description of which is attached hereto and made a part hereof as 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 approving the Opa Locka Velocity Car Carriers Site Plan. 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 Velocity Car Carrier 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. {Owner agrees to construct commercial and retail facilities to compliment to truck and automobile facilities proposed on the Property. } (project specific) 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 Velocity Car Carriers Plan, free of all liens and encumbrances, for the entire period in which the Owners own the land or control 51% ownership of the Property, or control 5% of any entity to which his agreement has been assigned, sold or otherwise transferred. (0 (g) Owner shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. Owners will not physically alter or substitute the design of structures, materials and colors included in the Velocity Car Carriers 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/Owners to prove that said materials or colors are in fact unavailable. (h) The Developer, and any Assign, 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. (i) Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. (j) {Owner shall mitigate any negative factoes created by the Velocity Car Carriers on surrounding (if there shall be any type of mitigation) along specific side boundary of the Property.} (project specific) (k) Owner shall strive to employ qualified residents from the City of Opa-locka to work at the Property (prior to and after construction). In order to accomplish this task the Owner shall coordinate with the City of Opa-locka and the Career Source of South Florida Office located in the City in accordance with the Memorandum of Understanding between the City of Opa-locka and Career Source. (1) Owner shall also encourage all contractors and 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. (m) All trash and garbage containers shall comply with all city dumpster enclosure requirements. (n) Parking: criteria (o) Hours of operations (p) 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: Must secure Building permits: within 180 days Must start construction: within 270 days Must complete project: within days 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) Site plan approvals; (b) Modifications to existing approvals and permits, including the Velocity Car Carriers Site Plan (c) Water, sewer, paving and drainage permits; (d) Building permits; (e) Sign permits; (f) Certificates of use and occupancy; and (g) 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. (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 Velocity Car Carriers' 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 fmds 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. Zoning 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 If to the Owners/Owners at: With a copy to: City Attorney Name, address Velocity Car Carriers Corp. 14068 NW 88th Place Miami Lakes, Florida 33018 Ben Fernandez, Esq. Bercow Radell Fernandez Larkin & Tapanes, PLLC 200 South Biscayne Boulevard, Suite 850 Miami, FL 33131 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: 10 -.-_locity Car Careers Velocity Car Carriers Cori r; of Opa-locka Development .Agrecmur. OWNERS/OWNERS Velocity Car Carriers Corp. WITNESS: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE ) By: Name: Title: Manager The foregoing instrument acknowledges before me by means of ❑ physical presence or ❑ online notarization this day of , 20 by Jean Iturriaga, President of Velocity Car Carriers Corp., 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. My Commission Expires: Notary Public, State of Florida at Large Print Name Velocity Car Carriers Velocity Car Carriers Corp., City of Opa-locka Development .1p -cement EXHIBIT A- PROPERTY LEGAL DESCRIPTION/SURVEY/SITE PLAN Lots 1 and 2, Block 313, OPA LOCKA CENTER, according to the Plat thereof, as recorded in Plat Book 45, at Page 71 in the Public Records of Miami -Dade County, Florida. Velocity Car Carriers Velocity Car Carriers Corp. City of Opa-locka Development Agreement PLANNING & ZONING ADVISIORY BOARD September 8th 2020 Vehicle Carrier Facility - VELOCITY CAR CARRIERS LLC: Development Agreement APPLICANT'S REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A 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 17 I. 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 I-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 IIII- Figure 1: Google Street View, dated: 18 Page 19 II. 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 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 Applicable LDR Sectio SET BACKS/ YARD Front (South) Rear (North) Side (East) Side (West) Corner Lots/ Other; Lot Coverage Lot Density; Lot Size' 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 Ill Sec; 22-55; Article V Sec. 22-58, 22-81, Ord. no. 14-16 REQUIRED 15 Feet 25 Feet 15 Feet 15 Feet N/A N/A N/A 20,000 SF (0.46 Acres) PROPOSED 15 Feet 101-6" Feet 50-4" Feet 29 Feet N/A 0.34% N/A COMPLIANCE YES YES YES YES N/A YES N/A 14,656 SF (0.34 Acres) NO City of Opa-locka I Planning and Community Development Department Page 20 Lot Width Building Height Structure Length Other Vehicular Use Area Landscaping Landscape/ Pervious Lot Coverage Notification Requirement Local Government Action Required N/A 3 Stories or 45 Feet whichever less N/A 10,992.4 SF 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 NIA N/A Office Building: 1 story/ 12' feet NIA 4,832.28 sq. ft. Office Bldg. 420 SF Parking Lot: 14,656 SF Total Space Provided: 8 Total Spaces 5 Truck Spaces 3 Regular Spaces YES NIA YES 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 I Planning and Community Development Department Page 21 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 Location North South East West 4rmfMlf, IOW 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 Planning and Community Development Department Page 22 Surrounding Zoning Designation Map The Site is Highlighted in image • 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: ■ 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 23 • 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 I 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 9. Inter -jurisdictional Review: • N/A VI. Staff Recommendation: City of Opa-locka I Planning and Commnmity Development Department Page 24 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 Zoning Approved by Name and .14FINWIRIr Corion J. DeLaine, City Planner Gerald J. Lee, Zoning Official Gregory D. Gay, Director Planning and Community Development Ini ✓III. 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: DEVELOPMENT AGREEMENT 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 Planning and Community Development Department Page 25 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 changeslrecommendations are updates based on the Planning and Zoning Board Meeting discussions in regards to the proposed Vehicle Carrier Facility City of Opa-locka I Planning and Community Development Department I&__ _ III 26