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HomeMy Public PortalAbout21-9868 Approving the Development Agreement with 3805 NW 132 Street LLCSponsored by: City Manager RESOLUTION NO. 21-9868 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND 3805 NW 132 STREET, LLC. FOR THE CONSTRUCTION AND OPERATION OF A CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY ON THE PROPERTY LOCATED AT 3805 NW 132ND STREET, IDENTIFIED BY FOLIO 08- 2129-010-0090, IN THE I-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to the City's Code of Ordinances 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, 3805 NW 132 Street, LLC ("Applicant"), owner of the subject property located at 3805 NW 132nd Street, Opa-Locka, Florida 33054, requests development agreement approval in order to allow the operation of a Construction and Demolition (C & D) Material Resource Facility (MRF) at the subject property; and WHEREAS, 3805 NW 132 Street, LLC ("Applicant") presented their formal application request, all evidence, documents, and marked exhibits before the Planning & Zoning Board on November 17, 2020 and the Planning & Zoning Board recommended approval of the Development Agreement for the Site Plan by a 4 to 1 vote, pursuant to the City Code of Ordinance and the City Zoning Regulations; and WHEREAS, the applicant wishes to construct a construction waste processing facility which will contain a new 50,160 square foot warehouse and a 300 square foot scale house at NW 37th Avenue; and WHEREAS, the 198,198 square foot property is bounded by NW 37th Avenue to the west, by NW 132nd Street to the south, by a C & D MRF to the north, and by railroad tracks to the east. The entire property is fenced, with controlled access; and Resolution No. 21-9868 WHEREAS, the proposed facility will receive, segregate, compact, store and load out C & D material. Companies and vendors will deliver C & D material to the facility using trucks. The proposed facility will also pick-up the material from local areas. The proposed facility will not accept unacceptable waste including Class I (garbage), infectious waste and hazardous waste. WHEREAS, construction waste is generated from construction building and demolition activities consisting of concrete, tiles, bricks, drywall, asphalt, plastics, C & D materials, wood, rocks and more. These construction waste materials are often inert and non -biodegradable, heavy, bulky and overload landfills. Construction waste recycling and management involves the process and separation of salvaging the recoverable waste materials for recycling and reuse. The proposed facility is designed to accept approximately 1,500 cubic yards of material per day. 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. Approval of Development Agreement. The City Commission of the City of Opa- Locka hereby approves the request for the development agreement approval for the construction and operation of a construction and demolition waste processing facility on the property located at 3805 NW 132 Street identified by folio 08-2129- 010-0090, in the I-3 zoning district, by 3805 NW 132 Street, LLC. 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. Resolution No. 21-9868 SECTION 4. EFFECTIVE DATE. This Resolution shall, upon adoption, become effective as specified by the City of Opa-Locka Code of Ordinances, the City of Opa-Locka Charter and is subject to the approval of the Governor or Governor's Designee. PASSED AND ADOPTED this 26th day of May, 2021. Matthew A. Pigatt, Mayor ATTEST: J GU a Flores, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris- eeks, P.A. City Attorney Moved by: Commissioner Burke Seconded by: Commissioner Davis VOTE: 3-2 Commissioner Taylor YES Commissioner Burke NO Commissioner Davis YES Vice -Mayor Williams NO Mayor Pigatt YES City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: i Finance Director: FD Signature: Department G ------ City Manager: John E. Pate CM Signature: Commission Meeting Date: 4-28-21 Item Type: (Enter X in box) Resolution a ce Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1d 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 Enhance Organizational Bus. & Economic Public Safety Quality of Education Qual. of Life & Communcation Priority Area: Strategic Plan Obj,/Strategy: (list the specific objective/strategy tins item will address) X • Dev 0 El City Imagep to 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 CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY ON THE PROPERTY LOCATED AT 3805 NW 132 STREET IDENTIFIED BY FOLIO 08-2129-010-0090, IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: The Applicant requests final site plan review and approval in order to allow the operation of a Construction and Demolition (C & D) Material Resource Facility (MRF) at the subject property. The 198,198 square foot property is bounded by NW 37th Avenue to the west, by NW 132nd Street to the south, by a C & D MRF to the north, and by railroad tracks to the east. The entire property is fenced, with controlled access. The applicant wishes to construct a construction waste processing facility which will contain a new 50,160 square foot warehouse and a 300 square foot scale house at NW 37th Avenue BACKGROUND The proposed facility will receive, segregate, compact, store and load out C & D material. Companies and vendors will deliver C & D material to the facility using trucks. The proposed facility will also pick-up the material from local areas. The proposed facility will not accept unacceptable waste including Class I (garbage), infectious waste and hazardous waste. Construction waste is generated from construction building and demolition activities consisting of concrete, tiles, bricks, drywall, asphalt, plastics, C & D materials, wood, rocks and more. These construction waste materials are often inert and non - biodegradable, heavy, bulky and overload landfills. Construction waste recycling and management involves the process and separation of salvaging the recoverable waste materials for recycling and reuse. The proposed facility is designed to accept approximately 1,500 cubic yards of material per day. The scope of the C & D material processing is described below: Delivery vehicles enter the facility from NW 132nd Street. The proposed facility personnel visually inspect the incoming material, weigh the material on a stationary scale and sort the incoming material into categories inside the Storage/ Processing Area in an enclosed building. After unloading and collecting payment, the delivery vehicles exit the facility. • The recyclable materials are separated and containerized and taken off -site in trucks. • The remaining sorted material. All storage/ processing operations will be conducted inside an enclosed building. Proposed Action: Staff recommend approval of this Development Agreement pending the following other approvals: • A Development Agreement must be submitted along with this Construction and Demolition (C & D) Material Resource Facility (MRF) 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; • 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 Construction and Demolition (C & D) Material Resource Facility (MRF) 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; • 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 Construction and Demolition (C & D) Material Resource Facility (MRF) site plan; • Address all Miami -Dade County's input/recommendations as appropriate. Attachment: Development Agreement Development Agreement Staff Report DA Resolution 11-17-20 Record and Return to: (enclose self-addressed stamped envelope) De Leon, Armando 2690 W. 72 Street Hialeah, FL 33016 This Instrument Prepared by: Law Offices of Burnadette Norris -Weeks, P.A. City Attorney, City of Opa-Locka 780 Fisherman Street Opa-Locka, Florida 33054 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA; AND 3805 NW 132ND STREET, LLC. PROJECT NAME: Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material. PROJECT OWNER: 3805 NW 132 Street, LLC. THIS DEVELOPMENT AGREEMENT ("Agreement ") is made and entered into as of this day of , 2021 ("Execution Date") by and between Developer (the "Owner "), with the address of 2690 W 72nd Street. Hialeah, FL 33016 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 Fisherman Street, Opa-Locka, Florida 33054. WITNESSETH: WHEREAS, the Owner is the fee simple owner of approximately 4.7 acres of land located 3805 NW 132nd Street, Opa-Locka FL 33054 within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. (08-2129 -010-0090) (the "Property "), the legal description of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the City's Commission adopted Resolution Number 21-9867 approving a Master Site Plan lot the Proposed Development type which includes an approximately 43,904 square foot office building, as well as approximately 20 surface parking spaces; 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 1 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. 21-9868, adopted on, May 26, 2021, authorizes the City Manager to execute this Agreement upon the terms and conditions set forth by the City Commission and listed below, and the Owner have authorized the Owner/Manager to execute this Agreement upon the terms and conditions set forth by the City Commission and as listed below; and NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth, the Owner and City agrees to as follows: 1. Recitals. The foregoing recitals arc true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed apart 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 Owner. (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. 3805 NW 132 Street, LLC., with the address of 3805 NW 132nd Street, Opa-Locka, FL, 33054 and/or any of its respective successors, assigns, or heirs thereof. 2 (f) (g) "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. "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. "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami -Dade County, Florida. "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty (30) years) and the Additional Term, as defined herein. "Execution Date" is the date that all parties have affixed their signatures to this Agreement. "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. (I) "Final Site Plan" means the Site Plan approved by the City Commission via Resolution No. 21-9867 for the Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material Project at 3805 NW 132nd Street, Opa-Locka, FL 33054. (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. "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. (p) (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 3 Date, including Opa-Locka's Land Development Regulation Code, the Ordinance Number 15-31. (r) "Parties" means the City and the Owner. (s) "Project" is the Materials Recovery Facility (MRF), Construction & Demolition. (C&D), Wood Vegetation Material Project at 3805 NW 132nd Street, Opa-Locka, FL 33054 as described in the plans prepared by Robert J Lara A/E Firm and dated October 14, 2020, which proposes the development of an approximately 43,904 square foot building and 20 parking spaces with related employee and guest parking. (t) "Property" means the approximately 4.7 acres of land located on 3805 NW 132nd Street, Opa-Locka, FL 33054, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08-2129-010- 0090 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 Numbers 21-9867 and 21-9868 approving the Site Plan and Development Agreement of the Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material Project at 3805 NW 132nd Street, Opa-Locka, FL 33054. 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 Article V, Section 22-112 of the City of Opa-Locka's Land Development Regulation Code, Ordinance 15-31, 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, F.S., the City and the Owner shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 4 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 he 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 he 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 Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material Site Plan at 3805 NW 132nd Street, Opa-Locka, FL 33054. Such items include, but are not specifically limited to: 5 " Design of all physical structures, water bodies, private and public improvements and " The color and dimensional characteristics of all building materials. " All landscaping, bay loading, and parking spaces must be provided and maintained as shown on the site plan. (e) Owner guarantees to preserve and maintain all buildings and structures consistent with the Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material Site Plan, or to cause any tenant of the Property to do so, for the entire period in which the Owner owns the land or controls at least 51% ownership of the Property or controls a least 10% of any entity to which this agreement has been assigned, sold, or otherwise transferred. Any new owner must abide by the terms of this agreement until January, 2051. (f) Owner shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. [NOTE: City to provide Owner with forms of annual reports and any additional documentation that will he required.] The Owner will not physically alter or substitute the design of structures, materials and colors included in the Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material 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 the Owner to prove that said materials or colors are in fact unavailable. (g) Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. The Owner and his assigns have agreed that no person shall sleep, camp, or lodge on the property at any time. Owner agrees to employ Opa-Locka residents through the assistance of the CareerSource South Florida Office (or other similar organization as determined by City) and shall also encourage all contractors and all their subcontractors to employ Opa-Locka residents through the assistance of the CareerSource 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 CareerSource. In conjunction with CareerSource South Florida Office, Owner shall submit a hiring plan to the City as to the number of employees anticipated to be hired as well as the positions and shall notify the City when the job fairs will take place. [NOTE: City to provide Owner with a copy of the referenced Memorandum of Understanding and any additional documentation regarding this requirement.] 6 (k) Owner agrees: (1) To host job fairs before and during the construction phase of this development for construction jobs; (2) To encourage any tenants of the Project to host job fairs after construction for building (business) operation jobs: (1) All trash and garbage containers shall comply with all city dumpster enclosure requirements. The following timelines shall be complied with by Owner, 3805 NW 132 Street, LLC. Said entity must work immediately to seek all applicable permits immediately upon approval of this Agreement and shall: • Apply for building permits: within 6 months from the execution of the Development Agreement. The City Manager may grant a single 6 month extension for good cause shown. • Must start construction: within 18 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause shown. • Must complete project: within 24 months following issuance of permits. The City Manager may grant a single 12 month extension for good cause. (m) (n) The parties acknowledge that there is an existing stormwater drainage system on the property. Owner agrees that during the DERM permitting process, if additional stormwater drains are deemed necessary due to calculations or otherwise, Owner agrees to install additional stormwater drains. (o) Traffic Study: The parties agree to accept the findings and the conclusion of the "Recycling Facility at Opa-Locka Level 1 Traffic Study" for 3805 NW 132nd Street, Opa-Locka, Florida, prepared and provided by Richard Garcia & Associates. Inc. on May 17, 2021. Dust Control: The parties agree that C&D operations shall be performed in an enclosed building and follow dust control measures to include: spraying a fine mist of water over the tipping and process areas inside of the building. Further, no material shall be stored, handled or loaded outside the enclosed building and delivery vehicles shall not be allowed to remove tarps until prior to tipping inside the building. The site shall remain paved so that vehicle movements shall not generate dust. Groundwater and Soil: Owner agrees that C&D operations shall be conducted inside a building and that the demolition materials shall not come in contact with open ground. The type of C&D materials accepted (p) (q) 7 by the facility shall be dry in nature with zero or negligible moisture content and will not runoff outside the enclosed building. No material shall be stored, handled or loaded outside of the enclosed building. Owner further agrees that delivery vehicles shall not be allowed to remove tarps until prior to tipping inside the building. The site shall remain paved so that the soil cannot be contaminated by any inadvertent C&D materials. (q) Owner shall show proof of and all compliance with DERM requirements. 10. Development Permits. In accordance with Section 163.3227(I). F.S., the City needs 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 Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material 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 City liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this agreement for this property or any other property owned by 3805 NW 132 Street, LLC. (i) All currently non -compliant physical structures or vehicles if applicable shall be removed prior to the execution of this agreement. 11. Public Services and Facilities; Concurrency. In accordance with Section 163 3227(d), F.S., the City and the Owner 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 Materials Recovery Facility (MRF), Construction & Demolition, (C&D), Wood Vegetation Material Site Plan. The Property and the Project will also be served by 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 8 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 for the period of this Agreement. The Owner 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 Owner 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 Owner's 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 alter the Effective Date and during the Entire Term of this Agreement, except to the extent that the 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 Owner and the City agree that the failure of this Agreement to 9 address a particular permit, condition. fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve the Owner 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 Owner 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 panics 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 he 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 at: With a copy to: If to the Owner at: City Manager City of Opa-Locka 780 Fisherman Street Opa-Locka. Florida 33054 Law Offices of Burnadette Norris -Weeks, P.A. City Attorney City of Opa Locka 780 Fisherman Street Opa-Locka. Florida 33054 And 401 North Avenue of the Arts Ft. Lauderdale. FL 33311 Project Owner: 3805 NW 132 Street, LLC 3805 NW 132nd Street, Opa-Locka, FL 33054 18. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The 10 Owner 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 km s are enacted after the execution of this Agreement that 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 Owner 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 Owner shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims or litigation arising under this Agreement instituted by third parties to the extent arising as a result of the activities of Owner at the Property or in connection with the construction of the Project. 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. 11 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 Manager Dated: day of , 2021 Approved for form and legal sufficiency: City Attorney: STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me by means of [ ] physical presence [ ] online notarization, this day of , 2021, by (name of person) as (type of authority) for (name of party on behalf of whom instrument was Executed). (Seal) Personally Known: OR Produced Identification: Type of Identification Produced: Signature of Notary Public Print, Type of Stamp Name of Notary 12 OWNER Project Name: Materials Recovery Facility (MRF), Construction & Demolition (C&D), Wood Vegetation Material Property Owner: 3805 NW 132 Street, LLC. Property Address: 3805 NW 132nd Street, Opa-Locka. FL 33054 WITNESSES: By: Print Name Name: Title: Signature Print Name Signature 13 STATE OF FLORIDA COUNTY OF The foregoing instrument was acknowledged before me by means of [ ] physical presence [ ] online notarization, this day of , 2021, by (name of person) as (type of authority) for (name of party on behalf of whom instrument was Executed). (Seal) Signature of Notary Public Personally Known: OR Produced Identification: Print, Type of Stamp Name of Notary Type of Identification Produced: 14 EXHIBIT A- PROPERTY (LEGAL DESCRIPTION) LOT 1, BLOCK 2 OF "LE JEUNE DOUGLAS INDUSTRIAL PARK" ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 115, AT PAGE 99, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY FLORIDA. FOLIO NO: 08-2129-010-0090 15 The Opa-locka Planning & Zoning Meeting P&Z Clerk's Summary Minutes Virtual P&Z Meeting Tuesday, November 17, 2020 5:30 P.M. • CALL TO ORDER: Chairman Elio Guerrero called the Virtual Planning & Zoning Meeting to order at 5:30 p.m. on Tuesday, November 17, 2020. Pursuant to Executive Order No. 20-69, issued by the office of the Governor Ron DeSantis On March 20, 2020, municipalities may conduct meetings of their governing boards without Having a quorum of its members present physically or at any specific location, and utilizing Communications media technology such as telephonic or video conferencing, as provided by Section 120.54(5)(b) 2, Florida Statutes. An opportunity was given to the public to email the Planning & Zoning Clerk prior to the Planning & Zoning Meeting with any questions/comments/concerns on items we will hear on this evening's P&Z agenda. This meeting is being streamed live at https://www.youtube.com/user/CityofOpalocka. Since this is a virtual meeting as authorized by the Governor of the state of Florida, again, Members of the public wishing to address the P&Z have been offered the opportunity To do so. Public comments will be included as part of the public record for this virtual Meeting and will be considered by the P&Z prior to any action taken. I ROLL CALL: The Planning & Zoning Board of the City of Opa-locka, Miami -Dade County, met in a special virtual session on Tuesday, November 17, 2020 at 5:30 p.m. The following members of the Planning & Zoning Meeting were present: Board Member Germane Barnes, Board Member Claudienne Hibbert-Smith, Board Member Dawn Mangham, & Board Member Rose Tydus & Chairman Elio Guerrero. Also in Attendance were Planning & Community Development Director, Gregory Gay, Zoning Official, Gerald Lee, City Planner, Corion Delaine, Administrative Assistant, Kinshannta Hall, and Attorney Pam Booker. 1 I II INVOCATION AND PLEDGE: Prayer was led by Board Member Tydus and the Pledge of Allegiance was stated after the Prayer. III APPROVAL OF MINUTES: Discussion of Minutes from September 8, 2020 Meeting Chairman Elio Guerrero asked if a motion could be made to have the minutes approved from September 8, 2020 meeting. Board Member Rose Tydus made a motion to approve the minutes. Board Member Dawn Mangham second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Elio Guerrero Yes Claudienne Hibbert Yes Dawn Mangham Yes Rose Tydus Yes IV. PUBLIC HEARING: 1. APPLICANT NAME: ADMI USA, INC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY OWNER : IDMA HOLDINGS, LLC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING VARIANCE REQUEST APPROVAL FOR THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002- 0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08- 2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Gay: Items one through four are companion items. As it relates to this project application they will be doing a presentation for all four items. This site has been long used as an industrial site. The four items are before you deal with variance, special exception of the site plan, Wage tentative plat which was requested by Miami -Dade County for the site to be replatted and the fourth item is the developer agreement for the approval of the concrete batching plant. This application it to update and correct the issues that have occurred at this site for a number of years. The concrete batching plant is already on the site and is already operational. As a part of the update a variance information have been applied for a variance to have a public record to show that they went through the process for the concrete batching plant to operate. *Attorney Hope Calhoun on behalf of the applicant "ADMI USA, INC" came before the Planning Zoning Board to present their project via zoom with a power point presentation for items 1-4 on the agenda. Attorney Calhoun: This batching plant owned and operated by my client has been in operation for more than 15 years. It's before you now because we have a new client. My client purchased it and just want to make sure it's operating and consistent with the current city code. As a result we have the four applications before you. A special exception is required which is item number 2 on your agenda. Item one is listed a variance request. We have four items: Variance, Special Exception, tentative Plat unifying 8 parcels(verify all of the parcels outlined in 1 cohesive plat and item four the developer agreement. They are all companion items. We have a few variances to reconsider. The dimensions are mentioned. We need variances to make it in compliance with the code. Are there any questions? Board Member Barnes: Prior history of what operated on this site? Chairman Guerrero: It's in compliance? Mr. Lee: The zoning district allows this use. They are not in conflict. The variance addresses the items the Attorney already presented. The reason we are suggesting approval the items were already on the property. They are complying and they are just updating the process that should have been addressed. Staff recommends approval. Public Comments: "No questions were asked from the Public. Public Comments are closed. Board Member Barnes made a motion to approve item 1 based upon contingent exhibit "A". Board member Mangham second. There being no discussion, the motion passed by a 4-0. Germane Barnes Yes Claudienne Hibbert N/A (Audio Issues) Dawn Mangham Yes Elio Guerrero Yes Rose Tydus Yes 31P age 2. APPLICANT NAME: ADMI USA, INC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY OWNER : IDMA HOLDINGS, LLC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING SPECIAL EXCEPTION SITE PLAN REVIEW APPROVAL FOR THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002- 0030; 08-2128-002-0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128- 004-0380; AND 08-2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Lee: Special Exception/Staff recommends approval. Board Member Barnes make a motion to approve item 2 based upon contingent to "Exhibit A". Board member Tydus second the motion. There being no discussion, the motion passed by a 4-0. Germane Barnes Yes Claudienne Hibbert N/A (Audio Issues) Dawn Mangham Yes Elio Guerrero Yes Rose Tydus Yes 4IPage 3. APPLICANT NAME: ADMI USA, INC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY OWNER : IDMA HOLDINGS, LLC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING TENTATIVE PLAT APPROVAL FOR THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002- 0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08- 2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Lee: Tentative Plat/Staff recommends approval. Board member Barnes made a motion to approve item "3". Board member Tydus second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Claudienne Hibbert Dawn Mangham Elio Guerrero Rose Tydus Yes Yes Yes Yes Yes 5IPage 4. APPLICANT NAME: ADMI USA, INC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY OWNER : IDMA HOLDINGS, LLC 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002- 0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08- 2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Lee: Development Agreement/Staff recommends approval. Board member Tydus moved to approve item "4" and Board member Barnes second the motion. There being no discussion, the motion passed by a 4-0. Germane Barnes Yes Claudienne Hibbert N/A (Audio Issues) Dawn Mangham Yes Elio Guerrero Yes Rose Tydus Yes Wage 5. APPLICANT NAME: ARMANDO DE LEON P.O. BOX 160938 HIALEAH, FL 33016 PROPERTY OWNER : 3805 NW 132.0 STREET, LLC 3805 NW 132.. STREET, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 3805 NW 132.. STREET, OPA-LOCKA, FL 33054 REQUEST: AN ORDINANCE OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING REZONING REQUEST APPROVAL FOR THE OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL RESOURCE FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132.. STREET, AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Bala: I don't have a presentation. However; this will take place in an enclosed warehouse Chairman Guerrero: What is the use? Bala: A truck parking facility. Mr. Delaine does a presentation and speaks that they meet the criteria and requirements. Mr. Delaine: Rezoning request/Staff recommends approval. Board member Mangham makes a motion to approve item "5". Board member Barnes second the motion. There being no discussion, the motion passed by a 4-0. Germane Barnes Yes Claudienne Hibbert Yes Dawn Mangham Yes Elio Guerrero Yes 7IPage Rose Tydus N/A (Audio Issues) 6. APPLICANT NAME: ARMANDO DE LEON P.O. BOX 160938 HIALEAH, FL 33016 PROPERTY OWNER : 3805 NW 132" STREET, LLC 3805 NW 132"' STREET, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 3805 NW 132 STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING SITE PLAN REVIEW REQUEST APPROVAL FOR THE OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL RESOURCE FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132— STREET, AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Delaine: Site Plan approval/Staff recommends approval. Board member Mangham makes a motion to approve item "6". Board member Barnes second the motion. There being no discussion, the motion passed by a 5-0. Germane Barnes Yes Claudienne Hibbert Yes Dawn Mangham Yes Elio Guerrero Yes Rose Tydus Yes Wage 7. APPLICANT NAME: ARMANDO DE LEON P.O. BOX 160938 HIALEAH, FL 33016 PROPERTY OWNER : 3805 NW 132' STREET, LLC 3805 NW 132" STREET, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 3805 NW 132"' STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL RESOURCE FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132"" STREET, AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Mr. Delaine: Development Agreement/Staff recommends approval. Board Member Mangham move to approve item "7". Board member Tydus second the motion. There being no discussion, the motion passed by a 4-1. Germane Barnes Claudienne Hibbert Dawn Mangham Elio Guerrero Rose Tydus No Yes Yes Yes Yes 9IPage Chairman Guerrero: Any questions board members for the applicant? (There was 1 Public Comment) Listed Below: Subject: C and D Resource Facility planned for 3805 NW 132nd Street My name is Larry Olesky. I am the owner of 13195 NW 38th Avenue. The property to the south of the above subject property. I have the following questions and concerns about the effects of the Operations of A, C and D to the neighboring properties. What type of construction material will be processed and how will it be processed? Will the material be asbestos free and how will this be monitored? Will the material be lead free and how will this be monitored? Will the process be compacting, compressing and/or pulverizing? Will the process be noisy? Will the process pollute the air and ground water with dust? What tonnage do you anticipate processing in a year? What will be the effects on local traffic? A major concern is the erosion and flooding of 38th Avenue directly in front of my property and the only entrance and exit to the 3805 property. When this area floods (which is often), getting in and out of this area is extremely dangerous. It is common to see abandoned cars sitting in the street that has been flooded. Any zoning approvals for this area should be directly tied to Road and Sewer Repairs prior to increased industrialization. This proposed process will require daily, multiple trucks bringing material to the site and multiple trucks leaving the facility with the processed material. I would appreciate my concerns and recommendations being considered for the sake, safety and respect of the neighborhood. Thank you for your consideration, Larry Olesky 10IPage *Bala/Applicant: The applicant spoke on all of the questions and stated on the record that this project would not bring conflict to any businesses. They will follow guidelines and be in compliance. STAFF UPDATE VI ADJOURNMENT Chairman Elio Guerrero adjourned the meeting. Submitted by Kinshannta Hall Planning & Zoning Clerk ATTEST: Elio Guerrero Chairman 11IPage Level 1 Traffic Study Recycling Facility at Opa-Locka 3805 NW 132nd Street Opa-Locka, Florida KA Richard Garcia & Associates, Inc. May 17th, 2021 Recycling Facility at Opa-Locka Level 1 Traffic Study Engineer's Certification I, Richard Garcia, P.E. # 54886, certify that I currently hold an active Professional Engineers License in the State of Florida and am competent through education and experience to provide engineering services in the civil and traffic engineering disciplines contained in this report. In addition, the firm Richard Garcia & Associates, Inc. holds a Certificate of Authorization # 9592 in the State of Florida. I further certify that this report was prepared by me or under my responsible charge as defined in Chapter 61G15-18.001 F.A.C. and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. PROJECT DESCRIPTION: Recycling Facility at Opa-Locka - Level 1 Traffic Study PROJECT LOCATION: 3805 NW 132nd Street Opa-Locka, Florida ‘t II 1111 \\ `1C H k C�9 //��i 86 sTA of/20 Florida Registration No. 548 : •.••:?o 1p�D :sx,,,_‘0\ KARICHARD GARCIA & ASSOCIATES, INC. Page ii Recycling Facility at Opa-Locka Level 1 Traffic Study TABLE OF CONTENTS Engineer's Certification ii Executive Summary 1 Introduction 2 Project Location / Description 2 Project Traffic 4 Trip Generation 4 Trip Distribution 5 Conclusion 8 LIST OF FIGURES Figure 1: Location Map 2 Figure 2: Site Plan 3 Figure 3: TAZ Map 5 Figure 4: Driveway Trips - AM & PM Peak Hour 7 LIST OF TABLES Table 1: Trip Generation - AM Peak Hour 4 Table 2: Trip Generation - PM Peak Hour 4 Table 3: Directional Trip Distribution Percentages 6 Table 4: Directional Trip Distribution 6 APPENDICES Appendix 1: Trip Generation Appendix 2: Trip Distribution & Driveway Trips IMARICHARD GARCIA & ASSOCIATES, INC. Page III Recycling Facility at Opa-Locka Level 1 Traffic Study Executive Summary The objective of this report is to evaluate the trip generation associated with the subject project. As such, a trip generation analysis was performed for a typical weekday AM and PM peak hour (i.e. Adjacent Street Traffic). Lastly, this report follows the Miami -Dade County Traffic Impact Study Standard methodology (Level 1). The subject site is located on the northeast corner of NW 42/37 Avenue Connector and NW 132nd Street in the City of Opa-Locka, Florida. This site currently has a truck equipment repair facility with an administrative office that will remain as part of the proposed project. The proposed project consists of a recycling facility (general light industrial) with 43,904 square feet. This project build -out year is slated for 2022. Moreover, the subject project will maintain the two (2) existing driveways on NW 132nd Street. The east driveway will operate as the entrance while the west driveway will be exit only. The trip generation analysis was performed consistent with the methodology described in the Institute of Transportation Engineers (ITE) Trip Generation Handbook, 3rd Edition while the trip generation characteristics were obtained from ITE's Trip Generation Manual, 10th Edition. ITE's Land Use 110, as identified by the Institute of Transportation Engineers (ITE), most closely resembles the proposed project. The trip generation analysis was performed for a typical AM and PM peak hour (i.e. Adjacent Street Traffic). As a result, the trip generation calculations yielded 31 gross external trips (27 trips -in & 4 trips -out) during the AM peak hour and 28 gross external trips (4 trips -in & 24 trips -out) during the PM peak hour. The gross external peak hour trips were distributed consistent with the directional trip distribution percentages for the project's Traffic Analysis Zone (TAZ) 273 as assigned by the Transportation Planning Organization (TPO) on the Miami -Dade Long Range Transportation Plan (2045 LRTP) Directional Trip Distribution Report, September 2019. In conclusion, the Recycling Facility at Opa-Locka will generate 31 gross external trips during the AM peak hour and 28 gross external trips during the PM peak hour. These gross trips will have a de-minimis traffic impact at the adjacent roadways and therefore, no additional traffic analysis is required or recommended at this time. Ka,RICHARD GARCIA & ASSOCIATES, INC. Page 1 Recycling Facility at Opa-Locka Level 1 Traffic Study Introduction The purpose of this report is to evaluate the trip generation associated with the proposed commercial center. As such, a trip generation analysis was performed for a typical weekday AM and PM peak hour (i.e. Adjacent Street Traffic). Lastly, this report follows the Miami -Dade County Traffic Impact Study Standard methodology (Level 1). Project Location / Description The subject site is located on the northeast corner of NW 42/37 Avenue Connector and NW 132nd Street in the City of Opa-Locka, Florida. This site currently has a truck equipment repair facility with an administrative office that will remain as part of the proposed project. The proposed project consists of a recycling facility (general light industrial) with 43,904 square feet. This project build -out year is slated for 2022. Moreover, the subject project will maintain the two (2) existing driveways on NW 132nd Street. The east driveway will operate as the entrance while the west driveway will be exit only. Figure 1 depicts the site's location map while Figure 2 is the site plan provided for illustrative purposes only. Figure 1: Location Map Wil RICHARD GARCIA & ASSOCIATES, INC. Page 2 RICHARD GA RCIA & ASSOCIATES, INC. (E) Admimstral Office x tin (E) Truck Equipment Repair �•�' P;9"i4r proposed ° Parking T.iT :lit S.i.i �I °iT. 0 T L i r pnposed T nr Parking -NW 42/37 Avenue Connector proposed SCALE HOUSE 1$ r+Ti.il LT:: ii± ..OF WAY �.'ij �1• RAILROAD RISK( SEABOARD COAST,1SLINE 40 .904 se ft STRUCTURE u Dld aNIS :Z amnBIA C) 5' T1 0 C) 0 0 9 r 0 C) Pn4S :: J DJl l lanai Recycling Facility at Opa-Locka Level 1 Traffic Study Project Traffic This section of the report describes the analysis for estimating the trip generation associated with the subject project. Trip Generation The trip generation analysis was performed consistent with the methodology described in the Institute of Transportation Engineers (ITE) Trip Generation Handbook, 3rd Edition while the trip generation characteristics were obtained from ITE's Trip Generation Manual, 10th Edition. ITE's Land Use 110, as identified by the Institute of Transportation Engineers (ITE), most closely resembles the proposed project. The trip generation analysis was performed for a typical AM and PM peak hour (i.e. Adjacent Street Traffic). As a result, the trip generation calculations yielded 31 gross external trips (27 trips -in & 4 trips -out) during the AM peak hour and 28 gross external trips (4 trips -in & 24 trips -out) during the PM peak hour. The ITE rates and percentages for the AM and PM peak hour are included in Appendix 1. Tables 1 and 2 summarize the trip generation calculations and results for the AM and PM peak hour, respectively. Table 1: Trip Generation - AM Peak Hour LAND USE (LU) UNITS ITE LU CODE ITE TRIP GENERATION RATE AM PEAK HOUR TRIPS IN OUT TOTAL Proposed General Light Industrial (Recycling Facility) 43.904 Th.SF. 110 0.70 27 4 31 External Trips (Proposed Site Gross Trips) 27 4 31 Notes: Sources: ITE Trip Generation, 10th Edition & ITE Trip Generation Handbook, 3rd Edition. Th.SF.= 1,000 Square Feet Table 2: Trip Generation - PM Peak Hour LAND USE (LU) UNITS ITE LU CODE ITE TRIP GENERATION ` RATE as r IN OUT TOTAL Proposed General Light Industrial (Recycling Facility) 43.904 Th.SF. 110 0.63 4 24 28 External Trips (Proposed Site Gross Trips) 4 24 28 Notes: Sources: ITE Trip Generation, 10th Edition & ITE Trip Generation Handbook, 3rd Edition. Th.SF.= 1,000 Square Feet [KaRICHARD GARCIA & ASSOCIATES, INC. Page 4 Recycling Facility at Opa-Locka Level 1 Traffic Study Trip Distribution The subject project is located within the Traffic Analysis Zone (TAZ) 273 as assigned by the Transportation Planning Organization (TPO) on the Miami -Dade Long Range Transportation Plan (2045 LRTP) Directional Trip Distribution Report, September 2019. As such, the trip distribution was performed consistent with the trip distribution percentages of TAZ 273 and by interpolating between the 2015 and 2045 TAZ data for the design year of 2022. Figure 3 depicts the TAZ map while the directional trip distribution percentages are outlined in Table 3. Appendix 2 contains the supporting documentation. Figure 3: TAZ Map kCaa, RICHARD GARCIA & ASSOCIATES, INC. Page 5 Recycling Facility at Opa-Locka Level 1 Traffic Study Table 3: Directional Trip Distribution Percentages DIRECTION DISTRIBUTION PERCENTAGES (%) MIAMI-DADE LRTP MODEL YEAR DESIGN YEAR 2015 2045 2022 NNE 17.40 14.80 16.79 ENE 17.30 16.00 17.00 ESE 7.90 6.00 7.46 SSE 12.10 14.50 12.66 SSW 18.00 17.30 17.84 WSW 8.80 11.30 9.38 WNW 6.20 7.50 6.50 NNW 12.30 12.60 12.37 TOTAL 100.00 100.00 100.00 Additionally, the net external trips have been further distributed into the four quadrants: North, South, East and West. Table 4 contains the directional trip distribution for the AM and PM peak hour while Figure 4 depicts the driveway trips for the AM and PM peak hour. Table 4: Directional Trip Distribution DIRECTION DISTRIBUTION (X) DESIGN YEAR DIRECTION DISTRIBUTION AM PEAK HOUR TRIPS : { - IN OUT TOTAL IN OUT TOTAL NNE ENE ESE SSE SSW WSW WNW NNW 16.79 17.00 7.46 12.66 17.84 9.38 6.50 12.37 NORTH EAST SOUTH WEST 29.16% 24.45% 30.50% 15.89% 8 7 8 4 1 1 2 0 9 8 10 4 1 1 2 0 7 6 7 4 8 7 9 4 TOTAL 100.00 100.00% 27 4 31 4 24 28 KARICHARD GARCIA & ASSOCIATES, INC. Page 6 Recycling Facility at Opa-Locka Level 1 Traffic Study Figure 4: Driveway Trips - AM & PM Peak Hour alEi aC R 0. E s W 0 i\ a Nly 132 S met s 4ti4,_ M"27 (4) ■r - Driveways Peak HourTrips AM (PM) AM: Total = 31 vph (27 Trips -In, 4 Trips -Out) PM: Total = 28 vph (4 Trips -In, 24 Trips -Out) O RICHARD GARCIA & ASSOCIATES, INC. Page 7 Recycling Facility at Opa-Locka Level 1 Traffic Study Conclusion In conclusion, the Recycling Facility at Opa-Locka will generate 31 gross external trips during the AM peak hour and 28 gross external trips during the PM peak hour. These gross trips will have a de-minimis traffic impact at the adjacent roadways and therefore, no additional traffic analysis is required or recommended at this time. B1CaRICHARD GARCIA & ASSOCIATES, INC. Page 8 Recycling Facility at Opa-Locka Level 1 Traffic Study COO t • • • • 8 to • • • • • • • • Appendix 1: Trip Generation Kaa RICHARD GARCIA & ASSOCIATES, INC. Appendix - 1 - TABLE: Al TRIP GENERATION ANALYSIS AM PEAK HOUR Project Name: Recycling Facility LAND USE (LU) UNITS ITE LU CODE ITE TRIP GENERATION RATE AM PEAK HOUR TRIPS % IN % OUT TOTAL Pro po sed General Light Industrial (Recycling Facility) 43.904 Th.SF. 110 0 .70 88% 27 12% 4 31 External Trips (Proposed Site Gross Trips) 88% 27 12 % 4 31 No tes: Sources: 1TE Trip Generation, 10th Editio n & 1TE Trip Generation Handbook, 3rd Edition. Th.SF. = 1,000 Square Feet t C(1t CC : TABLE: A2 TRIP GENERATION ANALYSIS PM PEAK HOUR Project Name: Recycling Facility LAND USE (LU) UNITS ITE LU CODE ITE TRIP GENERATION RATE IN 0/0 OUT TOTAL Proposed Gene ral Light Industrial (Recycling Facility) 43.904 Th.SF. 110 0 .63 13% 4 87% 24 28 External Trips (Proposed Site Gro ss Trips) 13 % 4 87 % 24 28 Notes: Sources: ITE Trip Generation, 10th Edition & ITE Trip Gen eration Handbook, 3rd Edition. Th. SF. = 1,000 Square Feet General Light Industrial (110) Vehicle Trip Ends vs: 1000 Sq. Ft. GFA On a: Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 7 and 9 a.m. Setting/Location: General Urban/Suburban Number of .:tud;es- 1'5 1000 Sq. Ft. GI 7j uLThrectorial L IS 1�J 5`,) ) I„ Vehicie Trip Gener2tion per '1000 Sq. Ft. M. Data Plot and Equation ite Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199) 3 General Light Industrial (110) Vehicle Trip Ends vs: On a: Setting/Location: Number of Studies: 1000 Sq. Ft. GFA: Directional Distribution: 1000 Sq. Ft. GFA Weekday, Peak Hour of Adjacent Street Traffic, One Hour Between 4 and 6 p.m. General Urban/Suburban 44 67 13% entering, 87% exiting Vehicle Trip Generation per 1000 Sq. Ft. GFA Average Rate 0.63 Data Plot and Equation Range of Rates 0.07 - 7.02 Standard Deviation 0.68 c w 400 300 200 100 X X 100 200 X= 1000 Sq. Ft. GFA X Study Site Ftted Curve Equation: Ln(T) = 0.69 Ln(X) + 0.43 Fitted Curve 300 - Average Rate R2= 0.52 40 4 Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199) •s i Recycling Facility at Opa-Locka Level 1 Traffic Study Appendix 2: Trip Distribution & Driveway Trips KaRICHARD GARCIA & ASSOCIATES, INC. Appendix - 2 - _ C DRIVEWAYS PEAK HOUR TRIPS Project Name: Recycling Facility li 0 C C s LLI O ELI l I , -4-(24. NW 132 Street e y`£ ` " `r 27 (4)+ • Drivewa ys Peak HourTrips AM (PM ) AM: Total = 31 vph (27 Trips -In, 4 Trips -Out) PM: Total = 28 vph (4 Trips -In, 24 Trips -Out) e` G • • TABLE A3 J J 401 Ii Cardinal Distribution AM Peak Hour (Weekday) Traffic Analysis Zone (TAZ) 273 Project Name: Recycling Facility DIRECTION DISTRIBUTION (%) DESIGN YEAR DIRECTION DISTRIBUTION AM PEAK HOUR TRIPS IN OUT TOTAL NNE ENE 16.79 17.00 NORTH 29.16% 8 1 9 ESE 7.46 EAST 24.45% 7 1 8 SSE 12.66 SSW 17.84 SOUTH 30.50% 8 2 10 WSW 9.38 WNW 6.50 WEST 15.89% 4 0 4 NNW 12.37 TOTAL 100.00 100.00% 27 4 31 29% 9 8 �rl 1 0 GROSS TRIPS - 4 AM PEAK HOUR W a� S 2 8 10 30% 8 24% Note: Directional percentages circled are rounded. 410 8 iriko 4 to 8 6 4 4 4 4 6 6 4 TABLE. A3-1 Cardinal Distribution AM Peak Hour (Weekday) Traffic Analysis Zone (TAZ) 273 Project Name: Recycling Facility DISTRIBUTION PERCENTAGES (%) AM PEAK HOUR TRIPS DIRECTION MIAMI-DADE LRTP MODEL YEAR DESIGN YEAR IN OUT TOTAL 2015 2045 2022 NNE 17.40 14.80 16.79 5 1 6 ENE 17.30 16.00 17.00 5 1 6 ESE 7.90 6.00 7.46 2 0 2 SSE 12.10 14.50 12.66 3 1 4 SSW 18.00 17.30 17.84 5 1 6 WSW 8.80 11.30 9.38 2 0 2 WNW 6.20 7.50 6.50 2 0 2 NNW 12.30 12.60 12.37 3 0 3 TOTAL 100.00 100.00 100.00 27 4 31 Note: Based on Miami -Dade Transportation Planning Organization 2045 LRTP Directional Trip Distribution Report, September 2019. Since the current data is only available for the model years 2015 and 2045, the eight (8) cardinal directions were interpolated to the design year of 2022. AM PEAK HOUR IN TRIPS: 27 PERCENT: 87.10% TABLE: A3-2 OUT TOTAL 4 31 12.90% (Calculated) DIRECTION DISTRIBUTION % INGRESS EGRESS TOTAL CALCULATED USED CALCULATED USED NNE 16.79 4.534 5 0.672 1 6 ENE 17.00 4.589 5 0.680 1 6 ESE 7.46 2.013 2 0.298 0 2 SSE 12.66 3.418 3 0.506 1 4 SSW 17.84 4.816 5 0.713 1 6 WSW 9.38 2.534 2 0.375 0 2 WNW 6.50 1.756 2 0.260 0 2 NNW 12.37 3.340 3 0.495 0 3 TOTAL 100.00 27.000 27 4.000 4 31 TABLE. A4 Cardinal Distribution PM Peak Hour (Weekday) Traffic Analysis Zone (TAZ) 273 Project Name: Recycling Facility DIRECTION DISTRIBUTION(%) DESIGN YEAR DIRECTION DISTRIBUTION r�, •M •E K:HsU T'I•S Y IN OUT TOTAL NNE ENE ESE SSE SSW WSW WNW NNW 16.79 17.00 7.46 12.66 17.84 9.38 6.50 12.37 NORTH EAST SOUTH WEST 29.16% 24.45% 30.50% 15.89% 1 1 2 0 7 6 7 4 8 7 9 4 TOTAL 100.00 100.00% 4 24 28 29% 8 1 7 N U 4 GROSS TRIPS - 4 rwl PM PEAK HOUR 0 S 7 2 9 30% E 7 s Note: Directional percentages circled are rounded. 4 4 4 4 4 8 8 4 4 8 TABLEA4-t Cardinal Distribution PM Peak Hour (Weekday) Traffic Analysis Zone (TAZ) 273 Project Name: Recycling Facility DISTRIBUTION PERCENTAGES (%) PM PEAK HOUR TRIPS DIRECTION MIAMI-DADE LRTP MODEL YEAR DESIGNIYEAR- IN OUT TOTAL 2015 2045 202.2 NNE 17.40 14.80 16.79 1 4 5 ENE 17.30 16.00 17.00 1 4 5 ESE 7.90 6.00 7.46 0 2 2 SSE 12.10 14.50 12.66 1 3 4 SSW 18.00 17.30 17.84 1 4 5 WSW 8.80 11.30 9.38 0 2 2 WNW 6.20 7.50 6.50 0 2 2 NNW 12.30 12.60 12.37 0 3 3 TOTAL 100.00 100.00 100.00 4 24 28 Based on Miami -Dade Transportation Planning Organization 2045 LRTP Directional Trip Distribution Report, September 2019. Since the current data is only available for the model years 2015 and 2045, the eight (8) cardinal directions were interpolated to the design year of 2022. PM PEAK HOUR IN TRIPS: 4 PERCENT: 14.29% TABLE, A4-2 OUT TOTAL 24 28 85.71% (Calculated) DIRECTION DISTRIBUTION % INGRESS EGRESS TOTAL CALCULATED USED CALCULATED USED NNE 16.79 0.672 1 4.030 4 5 ENE 17.00 0.680 1 4.079 4 5 ESE 7.46 0.298 0 1.790 2 2 SSE 12.66 0.506 1 3.038 3 4 SSW 17.84 0.713 1 4.281 4 5 WSW 9.38 0.375 0 2.252 2 2 WNW 6.50 0.260 0 1.561 2 2 NNW 12.37 0.495 0 2.969 3 3 TOTAL 100.00 4.000 4 24.000 24 28 TRAFFIC ANALYSIS ZONE (TAZ) 286 283 NW 135 Street Pr oj ect's L ocation 274 272 253 259 261 246 8 • 6 4 • 6 V to • • • • • • • • • • • 0 • • 8 • • 0 • • • 8 MIAMI-DADE TRANSPORTATION PLANNING ORGANIZATION SUPPORTING DOCUMENTS DIRECTIONAL TRIP DISTRIBUTION REPORT SEPTEMBER 2019 8 4 4 6 4 4 6 4 4 6 8 8 4 4 4 0 4 4 4 0 LRTP Miami -Dade 2015 Base Year Direction Trip Distribution Summary Ttix/ -- - s TAZ of Origin �--__---- 1 Cardinal Directions County Regional j I I -- Percent NNE ENE j ESE SSE i SSW WSW WNW NNW TAZ TAZ Total Trips 261 261 262 262 263 263 264 264 265 265 266 266 267 267 268 268 269 269 270 270 271 271 272 272 3161 3161 3162 3162 3163 3163 3164 3164 3165 3165 3166 3166 3167 3167 3168 3168 3169 3169 3170 3170 3171 3171 3172 3172 Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent 367 294 161 385 338 254 214 305 15.8 12.7 7.0 16.6 14.6 10.9 9.2 13.2 558 444 335 596 680 405 364 517 4,002 14.3 11.4 8.6 15.3 17.4 10.4 9.3 13.3 245 188 171 318 343 185 173 295 1,943 12.8 9.8 8.9 16.6 17.9 9.7 9.0 15.4 350 331 203 476 382 387 141 342 2,689 13.4 12.7 7.8 18.2 14.6 14.8 5.4 13.1 468 253 211 433 384 312 182 334 2,591 18.2 9.8 8.2 16.8 14.9 12.1 7.0 13.0 298 198 152 290 328 316 119 239 1,955 15.4 10.2 7.8 15.0 16.9 16.3 6.1 12.3 232 128 99 212 169 213 114 176 1,354 17.3 9.5 7.4 15.8 12.6 15.9 8.5 13.1 122 117 110 145 165 168 55 112 1,011 12.3 11.7 11.1 14.6 16.7 16.9 5.6 11.2 662 403 383 590 941 505 328 543 4,399 15.2 9.3 8.8 13.5 21.6 11.6 7.5 12.5 3,024 1,243 390 519 758 625 565 2,491 9,620 31.5 12.9 4.1 5.4 7.9 6.5 5.9 25.9 400 322 174 310 428 194 228 293 2,364 17.0 13.7 7.4 13.2 18.2 8.3 9.7 12.5 497 425 303 419 488 412 204 461 15.5 13.2 9.5 13.1 15.2 12.9 6.4 14.4 2,375 3,363 273 3173 Trips 395 394 180 276 409 201 142 280 2,325 273 3173 Percent 17.4 17.3 7.9 12.1 18.0 8.8 6.2 12.3 274 274 275 275 276 276 277 277 278 278 279 279 280 280 281 281 282 282 283 283 284 284 285 285 286 286 3174 3174 3175 3175 3176 3176 3177 3177 3178 3178 3179 3179 3180 3180 3181 3181 3182 3182 3183 3183 3184 3184 3185 3185 3186 3186 Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent 189 15.3 920 19.8 487 14.9 164 14.0 154 15.4 225 15.7 156 13.9 653 16.4 256 14.1 262 11.7 262 13.7 102 11.6 408 10.3 159 12.9 578 12.4 371 11.3 103 8.8 79 7.9 120 8.4 94 8.4 346 8.7 229 12.6 221 9.9 166 8.7 98 11.2 423 10.7 102 8.3 380 8.2 276 8.4 99 8.4 66 6.6 127 8.9 89 7.9 270 6.8 149 8.2 107 4.8 200 10.5 85 9.7 354 8.9 129 10.4 670 14.4 519 15.9 207 17.6 125 12.5 166 11.6 141 12.6 641 16.0 287 15.9 450 20.1 384 20.1 170 19.3 832 21.0 256 20.8 742 16.0 639 19.5 227 19.3 230 23.0 298 20.9 205 18.3 856 21.4 431 23.8 315 14.1 261 13.7 119 13.5 651 16.5 148 12.0 542 11.7 330 10.1 130 11.1 142 14.2 186 13.1 203 18.1 577 14.4 217 12.0 412 18.4 283 14.8 94 10.8 566 14.3 94 7.6 325 7.0 190 5.8 119 10.1 77 7.7 118 8.3 99 8.8 287 7.2 84 4.6 146 6.5 150 7.9 76 8.7 296 7.5 157 12.7 491 4,665 10.6 462 3,296 14.1 127 1,177 10.8 128 1,001 12.8 189 1,447 13.2 134 1,145 11.9 364 4,145 9.1 158 1,815 8.7 327 2,282 14.6 203 1,920 10.6 134 887 15.3 426 4,014 10.8 1,242 6 4 4 4 v11� 4 4 4 6 • e 445LRTP TAZ of Origin County TAZ Regional TAZ Miami -Dade 2045 Cost Feasible Plan Direction Trip Distribution Summary Trips / Percent NNE ENE ESE Cardinal Directions SSE I SSW WSW WNW NNW Total Trips 261 261 262 262 263 263 264 264 265 265 266 266 267 267 268 268 269 269 270 270 271 271 272 272 3161 3161 3162 3162 3163 3163 3164 3164 3165 3165 3166 3166 Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent 3167 Trips 3167 3168 3168 3169 3169 3170 3170 3171 3171 3172 3172 Percent Trips Percent Trips Percent Trips Percent Trips Percent Trips Percent 361 12.5 719 12.9 318 13.9 662 14.3 660 14.4 408 13.0 250 17.6 175 14.8 873 16.1 358 12.4 606 10.9 259 11.3 465 10.0 460 10.0 243 7.8 146 10.3 131 11.2 542 10.0 3,789 1,163 33.9 10.4 441 400 14.3 13.0 578 579 14.2 14.2 126 4.4 289 5.2 143 6.2 225 4.9 300 6.5 267 8.5 107 7.6 91 7.8 410 7.6 487 4.4 148 4.8 246 6.0 499 17.3 1,008 18.0 426 18.7 799 17.2 877 19.0 474 15.1 231 16.3 171 14.6 748 13.8 509 4.6 495 16.1 637 15.6 512 17.8 1,004 18.0 380 16.6 825 17.8 693 15.1 501 16.0 189 13.3 187 15.9 1,066 19.7 811 7.3 522 17.0 658 16.1 378 13.1 692 12.4 259 11.4 630 13.6 577 12.5 434 13.9 232 16.4 202 17.2 584 10.8 745 6.7 329 10.7 518 12.7 362 12.6 603 10.8 209 9.2 458 9.9 443 9.6 331 10.6 126 8.9 130 11.0 469 8.7 787 7.0 360 11.7 390 9.6 285 9.9 665 5,701 11.9 291 2,308 12.7 580 4,769 12.5 594 4,654 12.9 479 3,183 15.3 136 1,425 9.6 90 1,193 7.6 724 5,512 13.4 2,881 11,224 25.8 384 3,089 12.5 481 11.8 2,991 4,261 273 3173 Trips 422 455 171 414 491 323 212 359 2,941 273 3173 Percent 14.8 16.0 6.0 14.5 17.3 11.3 7.5 12.6 274 3174 Trips 211 199 106 231 262 274 3174 Percent 14.3 13.5 7.2 15.6 17.7 275 3175 Trips 896 834 417 867 1,015 275 3175 Percent 15.7 14.6 7.3 15.2 17.8 276 3176 Trips 582 590 463 858 883 276 3176 Percent 12.5 12.7 10.0 18.5 19.0 277 3177 Trips 171 152 91 274 254 277 3177 Percent 12.5 11.1 6.7 20.0 18.6 278 3178 Trips 386 262 162 342 523 278 3178 Percent 15.6 10.6 6.6 13.8 21.1 279 3179 Trips 234 200 169 260 354 . ... .. .... 279 3179 Percent 13.0 11.1 9.4 14.4 19.6 280 3180 Trips 165 170 98 209 234 280 3180 Percent 12.5 12.9 7.4 15.8 17.7 281 3181 Trips 638 449 369 850 937 281 3181 Percent 14.0 9.9 8.1 18.7 20.7 282 3182 Trips 289 177 177 366 413 282 3182 Percent 14.2 8.7 8.7 18.0 20.3 283 3183 Trips 232 274 182 558 353 283 3183 Percent 9.6 11.4 7.6 23.1 14.6 284 3184 Trips 309 229 215 523 364 284 3184 Percent 12.8 9.5 8.9 21.7 15.1 285 3185 Trips 171 150 119 252 179 285 3185 Percent 13.2 11.6 9.2 19.5 13.8 286 3186 Trips 498 498 325 896 752 286 3186 Percent 11.5 11.4 7.5 20.6 17.3 179 12.2 627 11.0 428 9.2 159 11.6 316 12.8 204 11.3 190 14.4 562 12.4 242 11.9 372 15.4 292 12.1 111 8.6 506 11.6 145 9.8 461 8.1 401 8.6 123 9.0 244 9.9 178 9.9 126 9.5 304 6.7 167 8.2 189 7.8 261 10.8 120 9.3 353 8.1 143 9.7 587 5,790 10.3 446 4,694 9.6 146 1,370 10.6 242 2,524 9.8 204 1,836 11.3 130 1,350 9.9 432 4,701 9.5 200 2,056 9.9 254 2,488 10.5 216 2,463 9.0 194 1,347 15.0 523 4,417 12.0 1,484 Memorandum TO: John E. Pate, City Manager FROM: Gregory Gay, PCD Director -_ Gerald Lee, Zoning Official/Planner Corion DeLaine, City Planner DATE: May 5th, 2021 RE: 3805 NW 132 Street, LLC: Commission Inquiries Per the inquiries from the City Commission regarding the C&D Processing facility at 3805 NW 132nd Street, here are PCD Staff findings provided by the developer/business operator. . FOR SITE PLAN: 1. Stormwater drainage system: There is an existing City of Opa-locka approved stormwater drainage system installed at the site. During the DERM permitting process, additional stormwater drains shall be added if the calculations require them. There is no retention pond on -site. 2. Traffic Study: A traffic study of the proposed C&D MRF facility shall be conducted and the report shall be submitted to the City of Opa-locka. The study is expected to take a week. Approximately 95% of the incoming vehicles is expected to be 10 cubic -yard trucks bearing C&D materials and only 5% is expected to be 100 cubic - yard trucks. The current capacity of the site is 50 x 100 cubic -yard trucks. When the C&D facility is operational, the capacity shall be sufficient to handle all incoming trucks. FOR DA: 3. Employment Opportunities for Opa-locka residents: The number of new hires is projected to be 5. Depending on the various job descriptions and skills needed for each job, preference shall be given to the City residents. 4. Environmental Protection and long term impact: The basic environmental issues for any facility are impacts to air, soil, groundwater and surface water. Air: The C&D operations shall be performed in an enclosed building and dust control shall be implemented using dust suppression units. These units shall spray a fine mist of water over the tipping and process areas inside the building. No material shall be stored, handled or loaded outside the enclosed building. Delivery vehicles shall not be allowed to remove tarps until prior to tipping inside the building. The site shall remain paved so that vehicle movements shall not generate dust. Groundwater and Soil: The C&D operations shall be conducted inside a building and the demolition materials shall not be in contact with open ground. The type of C&D materials accepted by the facility is dry in nature with zero or negligible moisture content and will not runoff outside the enclosed building. No material shall be stored, handled or loaded outside the enclosed building. Delivery vehicles shall not be allowed to remove tarps until prior to tipping inside the building. The site shall remain paved so that the soil cannot be contaminated by any inadvertent C&D materials. 5. The DERM permit shall include the following: Boundary Survey Site Plan Materials Storage/Processing Activities Operations Plan Contingency/Emergency Plan Closure Plan Groundwater Monitoring Plan Stormwater Management Permit (if needed, since there is a current City approved system) Financial Assurance Cost Estimate Form (included as a template attachment) *The City can include the highlighted requirements in the DA, for additional reassurance. Please note that once the DERM permit has been obtained and the facility is operational, DERM inspectors shall be monitoring the activities at the facility for compliance with DERM permit conditions. This is not a grandfathered facility; a new facility is subject to all applicable codes of Miami -Dade County. END OF MEMORANDUM Print Form Reset Form Florida Department of Environmental Protection Bob Martinez Center 2600 Blair Stone Road Tallahassee, Florida 32399-2400 DEP Form # 62-701.900(28), F.A.C. Form Title: Closure Cost Estimating Form For Solid Waste Facilities Effective Date: January 6, 2010 Incorporated in Rule 62-701.630(3), F.A.C. CLOSURE COST ESTIMATING FORM FOR SOLID WASTE FACILITIES Date of DEP Approval: I. GENERAL INFORMATION: Facility Name: Permit Application or Consent Order No.: Facility Address: Permittee or Owner/Operator: Mailing Address: Latitude: WACS ID: Expiration Date: rr Coordinate Method: Collected by: Solid Waste Disposal Units Included in Estimate: Longitude: Datum: Company/Affiliation: Phase / Cell Acres Date Unit Began Accepting Waste Active Life of Unit From Date of Initial Receipt of Waste If active: Remaining life of unit If closed: Date last waste received If closed: Official date of closing Total disposal unit acreage included in this estimate: Closure: Facility type: 0 Class I (Check all that apply) ❑ Other: Long -Term Care: 0 Class III 0 C&D Debris Disposal II. TYPE OF FINANCIAL ASSURANCE DOCUMENT (Check type) ❑ Letter of Credit* ❑ Performance Bond* ❑ Guarantee Bond* ❑ Insurance Certificate ❑ Financial Test 0 Trust Fund Agreement * - Indicates mechanisms that require the use of a Standby Trust Fund Agreement O Escrow Account ❑ Form 29 (FA Deferral) Northwest District Northeast District Central District Southwest District South District Southeast District 160 Government Center 7825 Baymeadows Way, Ste. B200 3319 Maguire Blvd., Ste. 232 13051 N. Telecom Pky. 2295 Victoria Ave., Ste. 364 400 N. Congress Ave., Ste. 200 Pensacola, FL 32502-5794 Jacksonville, FL 32256-7590 Orlando, FL 32803-3767 Temple Terrace, FL 33637 Fort Myers, FL 33901-3881 West Palm Beach, FL 33401 850-595-8360 904-807-3300 407-894-7555 813-632-7600 239-332-6975 561-681-6600 III. ESTIMATE ADJUSTMENT 40 CFR Part 264 Subpart H as adopted by reference in Rule 62-701.630, Florida Administrative Code, (F.A.C.) sets forth the method of annual cost estimate adjustment. Cost estimates may be adjusted by using an inflation factor or by recalculating the maximum costs of closure in current dollars. Select one of the methods of cost estimate ajustment below. ❑ (a) Inflation Factor Adjustment 0 (b) Recalculated or New Cost Estimates Inflation adjustment using an inflation factor may only be made when a Department approved closure cost estimate exists and no changes have occurred in the facility operation which would necessitate modification to the closure plan. The inflation factor is derived from the most recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its survey of Current Business. The inflation factor is the result of dividing the latest published annual Deflatory by the Deflator for the previous year. The inflation factor may also be obtained from the Solid Waste website www.dep.state.fl.us/waste/categories/swfr or call the Financial Coordinator at (850) 245-8706. This adjustment is based on the Department approved closing cost estimate dated: Latest Department Approved Closing Cost Estimate: Current Year Inflation Inflation Adjusted Closing Factor, e.g. 1.02 Cost Estimate: x = This adjustment is based on the Department approved long-term care cost estimate dated: Latest Department Approved Annual Long -Term Care Cost Estimate: x Current Year Inflation Factor, e.g. 1.02 Number of Years of Long Term Care Remaining: Inflation Adjusted Long -Term Care Cost Estimate: x Inflation Adjusted Annual Long -Term Care Cost Estimate: Signature by: 0 Owner/Operator 0 Engineer (check what applies) Signature Address Name & Title City, State, Zip Code Date E -Mail Address Telephone Number DEP FORM 62-701.900(28) Effective January 6, 2010 2 of 9 IV. ESTIMATED CLOSING COST (check what applies) ❑ Recalculated Cost Estimate 0 New Facility Cost Estimate Notes: 1. Cost estimates for the time period when the extent and manner of landfill operation makes closing most exl 2. Cost estimate must be certified by a professional engineer. 3. Cost estimates based on third party suppliers of material, equipment and labor at fair market value. 4. In some cases, a price quote in support of individual item estimates may be required. Number Description Unit of Units Cost I Unit 1. Proposed Monitoring Wells (Do not include wells already in existence.) EA Subtotal Proposed Monitoring Wells: 2. Slope and Fill (bedding layer between waste and barrier layer): Excavation CY Placement and Spreading CY Compaction CY Off -Site Material CY Delivery CY 3. Cover Material (Barrier Layer): Off -Site Clay CY Synthetics - 40 mil SY Synthetics - GCL SY Synthetics - Geonet SY Synthetics - Other (explain) 4. Top Soil Cover: Off -Site Material CY Delivery CY Spread CY 5. Vegetative Layer Sodding SY Hydroseeding AC Fertilizer AC Mulch AC Other (explain) 6. Stormwater Control System: Earthwork CY Grading SY Piping LF Ditches LF Berms LF Control Structures EA Other (explain) Subtotal Slope and Fill: Subtotal Cover Material: Subtotal Top Soil Cover: Subtotal Vegetative Layer: Subtotal Stormwater Control System: Total Cost DEP FORM 62-701.900(28) Effective January 6, 2010 3 of 9 Number Description Unit of Units Cost / Unit Total Cost 7. Passive Gas Control: Wells EA Pipe and Fittings LF _ Monitoring Probes EA _ NSPS/Title V requirements LS 1 Subtotal Passive Gas Control: 8. Active Gas Extraction Control: Traps EA Sumps EA Flare Assembly EA Flame Arrestor EA Mist Eliminator EA Flow Meter EA Blowers EA Collection System LF Other (explain) Subtotal Active Gas Extraction Control: 9. Security System: Fencing LF Gate(s) EA Sign(s) EA Subtotal Security System: 10. Engineering: Closure Plan Report LS Certified Engineering Drawings LS 1 NSPS/Title V Air Permit LS Final Survey LS 1 Certification of Closure LS 1 Other (explain) Subtotal Engineering: Description Hours Cost / Hour Hours Cost / Hour Total Cost 11. Professional Services Contract Management Quality Assurance P.E. Supervisor On -Site Engineer Office Engineer On -Site Technician Other (explain) Number Description Unit of Units Cost / Unit Total Cost Quality Assurance Testing LS 1 Subtotal Professional Services: DEP FORM 62-701.900(28) Effective January 6, 2010 4 of 9 Subtotal of 1-11 Above: 12. Contingency % of Subtotal of 1-11 Above Subtotal Contingency: Estimated Closing Cost Subtotal: Description Total Cost 13. Site Specific Costs Mobilization Waste Tire Facility Materials Recovery Facility Special Wastes Leachate Management System Modification Other (explain) Subtotal Site Specific Costs: TOTAL ESTIMATED CLOSING COSTS ($): DEP FORM 62-701.900(28) Effective January 6, 2010 5 of 9 V. ANNUAL COST FOR LONG-TERM CARE See 62-701.600(1)a.1., 62-701.620(1), 62-701.630(3)a. and 62-701.730(11)b. F.A.C. for required term length. For landfills certified closed and Department accepted, enter the remaining long-term care length as "Other" and provide years remaining. (Check Term Length) ❑ 5 Years ❑ 20 Years 0 30 Years 0 Other, _ Years Notes: 1. Cost estimates must be certified by a professional engineer. 2. Cost estimates based on third party suppliers of material, equipment and labor at fair market value. 3. In some cases, a price quote in support of individual item estimates may be required. All items must be addressed. Attach a detailed explanation for all entries left blank. Description Sampling Frequency Number of (Cost / Well) / (Events / Year) Wells Event Annual Cost 1. Groundwater Monitoring [62-701.510(6), and (8)(a)] Monthly 12 Quarterly 4 Semi -Annually 2 Annually 1 2. Surface Water Monitoring [62-701.510(4), and (8)(b)] Monthly 12 Quarterly 4 Semi -Annually 2 Annually 1 3. Gas Monitoring [62-701.400(10)] Monthly 12 Quarterly 4 Semi -Annually 2 Annually 1 Subtotal Groundwater Monitoring: Subtotal Surface Water Monitoring: 4. Leachate Monitoring [62-701.510(5), (6)(b) and 62-701.510(8)c] Monthly 12 Quarterly 4 Semi -Annually 2 Annually 1 Other (explain) Subtotal Gas Monitoring: Subtotal Leachate Monitoring: Number of Description Unit Units / Year Cost / Unit Annual Cost 5. Leachate Collection/Treatment Systems Maintenance Maintenance Collection Pipes LF Sumps, Traps EA Lift Stations EA Cleaning LS Tanks EA DEP FORM 62-701.900(28) Effective January 6, 2010 6 of 9 Number of Description Unit Units / Year Cost / Unit Annual Cost 5. (continued) Impoundments Liner Repair SY Sludge Removal CY Aeration Systems Floating Aerators EA Spray Aerators EA Disposal Off -site (Includes 1000 gallon transportation and disposal) 6. Groundwater Monitoring Well Maintenance Monitoring Wells LF Replacement EA Abandonment EA 7. Gas System Maintenance Piping, Vents LF Blowers EA Flaring Units EA Meters, Valves EA Compressors EA Flame Arrestors EA Operation LS 8. Landscape Maintenance Mowing AC Fertilizer AC Subtotal Leachate Collection / Treatment Systems Maintenance: Subtotal Groundwater Monitoring Well Maintenance: 9. Erosion Control and Cover Maintenance Sodding SY Regrading AC Liner Repair SY Clay CY Subtotal Gas System Maintenance: Subtotal Landscape Maintenance: Subtotal Erosion Control and Cover Maintenance: 10. Storm Water Management System Maintenance Conveyance Maintenance LS Subtotal Storm Water Management System Maintenance: 11. Security System Maintenance Fences L6 Gate(s) EA Sign(s) EA 1 Subtotal Security System Maintenance: DEP FORM 62-701.900(28) Effective January 6, 2010 7 of 9 Number of Description Unit Units / Year Cost / Unit Annual Cost 12. Utilities LS 1 Subtotal Utilities: 13. Leachate Collection/Treatment Systems Operation Operation P.E. Supervisor HR On -Site Engineer HR Office Engineer HR OnSite Technician HR Materials LS Subtotal Leachate Collection/Treatment Systems Operation: 14. Administrative P.E. Supervisor HR On -Site Engineer HR Office Engineer HR OnSite Technician HR Other Subtotal Administrative: Subtotal of 1-14 Above: 15. Contingency % of Subtotal of 1-14 Above Subtotal Contingency: Number of Description Unit Units / Year Cost / Unit Annual Cost 16. Site Specific Costs Subtotal Site Specific Costs: ANNUAL LONG-TERM CARE COST ($ / YEAR): Number of Years of Long -Term Care: TOTAL LONG-TERM CARE COST ($): DEP FORM 62-701.900(28) Effective January 6, 2010 8 of 9 VI. CERTIFICATION BY ENGINEER This is to certify that the Cost Estimates pertaining to the engineering features of this solid waste management facility have been examined by me and found to conform to engineering principles applicable to such facilities. In my professional judgment, the Cost Estimates are a true, correct and complete representation of the financial liabilities for closing and/or long-term care of the facility and comply with the requirements of Rule 62-701.630 F.A.C. and all other Department of Environmental Protection rules, and statutes of the State of Florida. It is understood that the Cost Estimates shall be submitted to the Department annually, revised or adjusted as required by Rule 62- 701.630(4), F.A.C. Signature Mailing Address Name and Title (please type) City, State, Zip Code Date E -Mail address (if available) Florida Registration Number Telephone Number (please affix seal) VII. SIGNATURE BY OWNER/OPERATOR Signature of Applicant Mailing Address Name and Title (please type) City, State, Zip Code E -Mail address (if available) Telephone Number DEP FORM 62-701.900(28) Effective January 6, 2010 9 of 9