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