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
" D e s i g n o f a l l p h y s i c a l s t r u c t u r e s , w a t e r b o d i e s , p r i v a t e a n d p u b l i c
i m p r o v e m e n t s a n d
" T h e c o l o r a n d d i m e n s i o n a l c h a r a c t e r i s t i c s o f a l l b u i l d i n g m a t e r i a l s .
" A l l l a n d s c a p i n g , b a y l o a d i n g , a n d p a r k i n g s p a c e s m u s t b e p r o v i d e d
a n d m a i n t a i n e d a s s h o w n o n t h e s i t e p l a n .
( e ) O w n e r g u a r a n t e e s t o p r e s e r v e a n d m a i n t a i n a l l b u i l d i n g s a n d s t r u c t u r e s
c o n s i s t e n t w i t h t h e M a t e r i a l s R e c o v e r y F a c i l i t y ( M R F ) , C o n s t r u c t i o n &