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HomeMy Public PortalAbout21-9876 Approving a Development Agreement with Wellspring Community Resources. IncSponsored By: City Manager RESOLUTION NO. 21-9876 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND WELLSPRING COMMUNITY RESOURCES, INC. FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE IDENTIFIED BY FOLIOS 08- 2122-025-0580 AND 08-2122-025-0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Wellspring Community Resources, Inc. ("Applicant") intends to develop a new senior affordable housing facility in the heart of the City of Opa- Locka, Florida; and WHEREAS, the Project will consist of the new construction of a six -story senior apartment building located at 14703 NW 27 Ave, Opa-Locka, Florida; and WHEREAS, the development will comprise of 110 one-bedroom/one-bathroom and two -bedroom/ one -bathroom affordable senior housing units, totaling 66,116 square feet, with a 0.8 surface parking ratio. No reduction in parking is being requested; and WHEREAS, the facility is being constructed on a vacant 1.8 acre parcel, adjacent to the demised Jackson North Maternity Ward, which is slated to be repurposed into a community health and wellness center accessible to future residents. At completion, the Wellspring development will feature an elderly affordable housing site, in addition to a 44,000 square feet of medical office space for seniors and low-income residents within the Opa-Locka community; and WHEREAS, Wellspring Community Resources, Inc. presented their formal application request, all evidence, documents, and marked exhibits before the Planning & Zoning Board on June 11th 2021 and the Planning & Zoning Board recommended approval of the Development Agreement by a 5 to 0 vote, pursuant to the City Code of Ordinance and the City Zoning Regulations; and WHEREAS, the City desires to approve the Development Agreement attached hereto as Exhibit "A". NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS: Resolution No. 21-9876 SECTION 1. Recitals. The above recitals are true and correct and are incorporated into this Resolution by reference. SECTION 2. Approval/Denial. Approval/Denial of Development Agreement. The City Commission of the City of Opa- Locka hereby approves / denies a request for the Development Agreement approval for the construction and operation of a senior affordable housing facility located at 14703 NW 27th Avenue, identified by folios 08-2122-025-0580 and 08-2122-025-0590. SECTION 3. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re -lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. SECTION 4. EFFECTIVE DATE. This Resolution shall, upon adoption, become effective as specified by the City of Opa- Locka Code of Ordinances and the City of Opa-Locka Charter. PASSED AND ADOPTED this 23rd day of June, 2021. Matthew A. Pigatt, Mayor ATTEST: a Flores, City Clerk 2 Resolution No. 21-9876 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6 vet Burnadette Norris City Attorney IES f i eeks, P.A. VOTE: 5-0 Commissioner Taylor YES Commissioner Burke YES Commissioner Davis YES Vice -Mayor Williams YES Mayor Pigatt YES Moved by: Commissioner Burke Seconded by: Commissioner Taylor 3 8NW 1 NEIGHBORS I CRY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday, June 23, 2021 at 7:00 pm, at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locks, Florida, to consider the following items for final adoption: SECOND READING/ PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE CRY MANAGER TO EXECUTE A LEASE AGREEMENT, ATTACHED HERETO, WITH TEEN UP -WARD BOUND, INCORPORATED TO OCCUPY SPACE AT 2105 AU BABA AVENUE; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR SCRIVENER'S ERRORS; CONFLICTS OF LAW, SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE (first reading/public heating held on June 9, 2021). RESOLUTIONS/PUBLIC HEARING: A RESOLUTION OF THE CRY COMMISSION OF THE CRY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REQUEST FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE, IDENTIFIED BY FOLIOS 08-2122-025-0580 AND 08-2122-025-0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CRY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE, IDENTIFIED BY FOLIOS 08-2122-025-0580 AND 08-2122-025-0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CRY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REQUEST FOR THE CONSTRUCTION AND OPERATION OF A RESIDENTIAL MIXED -USE BUILDING LOCATED AT 2050 AU BABA AVENUE, IDENTIFIED BY FOLIOS 08-2122-003-2140, 08-2122-003-2150, 08-2122-003-2160; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A RESIDENTIAL MIXED -USE BUILDING LOCATED AT 2050 AU BABA AVENUE, IDENTIFIED BY FOLIOS 08-2122-003-2140, 08-2122-003-2150, AND 08-2122-003-2160; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above items may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jftores@opalockafLgov. To participate or provide comments virtually, please register on the City of Opa-locka websfe at www.opalockafl.gov no later than 7:00 p.m. on Wednesday, June 23, 2021. All interested persons are encouraged to participate and will be heard with respect to the public hearings. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance not later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. Joanna Flores, CMC City Clerk City of ()pa-Iocke SUNDAY DINE 1320 LEGAL NOTICE NOTICE IS HEREBY GIVEN THAT ON WEDNESDAY, JUNE 23P0, 2021 AT 6:00 P.M., THE CITY OF HIALEAH PLANNING AND ZONING BOARD WILL HOLD A PUBLIC HEARING IN THE COUNCIL CHAMBERS OF CITY HALL, 3P0 FLOOR, 501 PALM AVENUE. THE PLANNING AND ZONING BOARD WILL CONSIDER THE FOLLOWING REQUESTS: Rezoning properties 821 and 831 SE 8' Avenue from R-1 (One -Family District) to B-1 (Highly Restricted Retail District) and property located at 820 SE 8" Court from R-1 (One -Family District) to P (Parking). Variance permit to allow a mixed development with 100% of the units having an area of approximately 650 square feet, where only 10% of the units may have an area of less than 850 square feet; allow interior south side setback of 0 feet and 5 feet, and 5 feet rear setback, where 15 feet setback is required on property lines abutting low density residential; allow 40 parking spaces, where 70 are required and allow 15% pervious area, where 30% is required. Property located at 821 and 831 SE 8" Avenue and 820 SE 8" Court, Hialeah, zoned R-1 (One -Family District). Conditional Use Permit (CUP) to allow a K-12" Charter School with a maximum capacity of 2,950 students. Property generally located at the southwest corner of East 32"a Street and East 4" Avenue, Hialeah, zoned C-1 (Restricted Retail Commercial District). ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED "ZONING", ARTICLE III. "PLANS AND PLATS", DIVISION 3. SUBDIVISION PLATS; CREATING SECTION 98-350 UNITY OF TITLE; COVENANT IN LIEU THEREOF FOR HPD HIALEAH PARK DISTRICT, OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, BY ADDING AN EXCEPTION TO THE SUBDIVISION OF PLAT REQUIREMENT FOR THE HPD HIALEAH PARK DISTRICT, PROVIDED THAT ALL APPLICATIONS FOR BUILDING PERMITS WHERE MULTIPLE BUILDINGS ARE PROPOSED FOR A SINGLE SITE OR PARCEL BE ACCOMPANIED BY A UNITY OF TITLE OR DECLARATION OF RESTRICTIVE COVENANTS; PROVIDING THAT SUCH EXCEPTION IS SUBJECT TO THE SUBDIVISION PROVISIONS OF CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ORDINANCE OF THE MAYOR AND THE CITY COUNCIL OF THE CITY OF HIALEAH, FLORIDA AMENDING CHAPTER 98 ENTITLED "ZONING", ARTICLE III. "PLANS AND PLATS", DIVISION 3. SUBDIVISION PLATS; SECTION 98-349 UNITY OF TITLE; COVENANT IN LIEU THEREOF, OF THE CODE OF ORDINANCES OF THE CITY OF HIALEAH, BY CLARIFYING THAT THE EXCEPTION TO THE SUBDIVISION OF PLAT REQUIREMENT FOR THE BDH BUSINESS DEVELOPMENT DISTRICT, IS SUBJECT TO COMPLIANCE WITH THE SUBDIVISION PROVISIONS OF CHAPTER 28 OF THE MIAMI-DADE COUNTY CODE; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING PENALTIES FOR VIOLATION HEREOF; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. ALL RECOMMENDATIONS MADE AT THIS MEETING WILL BE PRESENTED FOR HEARING TO THE CITY COUNCIL AT ITS MEETING OF TUESDAY, JULY 13'", 2021. Written objections must be tiled prior to hearing date with the Hialeah Planning Division, 501 Palm Avenue, Hialeah, Florida 33010. Oral objections will be heard at the hearing. For additional information, please call (305) 883-8075. HIALEAH PLANNING DIVISION IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT OF 1990, PERSONS NEEDING, A SPECIAL ACCOMMODATION TO PARTICIPATE IN THIS PROCEEDING SHOULD CONTACT THE PLANNING DIVISION NO LATER THAN SEVEN DAYS PRIOR TO THE PROCEEDING. TELEPHONE (305) 683-8075 FOR ASSISTANCE; IF HEARING IMPAIRED, TELEPHONE THE FLORIDA RELAY SERVICE NUMBERS (800) 955-8771 (TDD) OR (800) 955-8770 (VOICE) FOR ASSISTANCE. City of Opa-Locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: , Finance Director: FD Signature: Department City Manager: John E. Pate CM Signature: Commission Meeting Date: 6-23-21 Item Type: (Enter X in box) Resolution • m ' ance Other X Fiscal Impact: (Enter X in box) Yes No Ordinance Reading: (Enter X in box) 1A Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) Ex: PTP Advertising Requirement: (Enter X in box) Yes No X Contract/P.O. Required: (Enter X in box) Yes No RFP/RFQ/Bi#: N/A X Strategic Plan Related (Enter X in box) Yes No Strategic Plan Priority Enhance Organizational Or anzatonal Bus. & Economic Public Safety Quality of Education Qual. of Life & Communcation Area: Strategic Plan Ob' Strate J,/ gy: (list the specific objective/strategy this item will address) X i i Dev • • City ImagiJ MI 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 APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORDABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVENUE, IDENTIFIED BY FOLIOS 08-2122-025-0580 AND 08-2122-025-0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Wellspring Apartments, LLC, owner of the subject property located at 14703 NW 27 Ave, Opa-Locka, Florida, requests final site plan review and approval in order to allow the construction and operation of a new senior apartment building at the subject property. The property is bounded by NW 27th Avenue to the west, by NW 25th Court to the east, by an industrial warehouse to the north, and a medical facility to the south. The entire property is fenced, with controlled access. The applicant wishes to construct a six - story senior apartment building totaling 66,116 sf, with a 0.8 surface parking ratio; no reduction in parking is being requested. BACKGROUND The residential development will be comprised of 110 one-bedroom/one- bathroom and two -bedroom/ one -bathroom affordable senior housing units. The development will include two elevators, a, multipurpose room, and outdoor pavilion and picnic area. The scope of work includes, but is not limited to, leasing and management office, impact resistant windows, Energy Star appliances, granite kitchen countertops, water conserving plumbing fixtures, an emergency call system in each unit, programmable thermostats, a laundry facility at each floor and access controlled secure entry into the building and premises. Wellspring is being constructed on a vacant 1.8 -acre parcel, adjacent to the demised Jackson North Maternity ward slated to be repurposed into a community health and wellness center accessible to future residents. At completion, the Wellspring development site will feature an elderly affordable housing development in addition to a 44,000 sf. of medical office space for seniors and low-income residents in the Opa-locka community. The proposed medical facility will include but is not limited to: • Primary Care • Specialty care to include Cardiology, Podiatry, Urology, and/or Radiology • Urgent care services • Rehabilitation Center • Physical therapy services • Optical services • Dental services • Weight loss services • Community Barber Shop and Salon Proposed Action: Staff recommend approval of this Development Agreement. The City Commission shall use the following criteria in making their decision regarding approval or disapproval of a site plan application pending the following other approvals : ■ The development permitted by the application, i.f granted, conforms to the Comprehensive Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a public benefit warranting the granting of the application at the time it is considered. • The development permitted by the application, if granted, will have a favorable or unfavorable impact on the economy of the City. • The development permitted by the application, if granted, will efficiently use or not unduly burden water, sewer, solid waste disposal, recreation, education or other necessary public facilities which have been constructed or planned and budgeted for construction. • The development permitted by the application, if granted, will efficiently use or not unduly burden or affect public transportation facilities, including mass transit, roads, streets and highways which have been constructed or planned and budgeted for construction, and if the development is or will be accessible by public or private roads, streets or highways. ■ All signage shall comply with the City's Sign Code Ordinance no. 15-31 Article X; • All landscaping and parking areas must be provided and maintained as shown in the Site Plan; • Adequate landscape buffer around parking area; ■ Maintain 100% the use, function, or any recommendation the Planning and Zoning Board deem necessary to this site plan and or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures; • All trash & garbage containers shall comply with the City dumpster enclosure requirements; • Address obtaining Pedestrian Signalization for crossing 27th Avenue. ■ Address all Miami -Dade County's input/recommendations as appropriate. Attachment: DA Staff Report Development Agreement DA Resolution 5-11-21 Record and Return to: (enclose self-addressed stamped envelope) Robert Holland, Esq. 3250 NE 1' Ave Suite 334 Miami, FL 33137 This Instrument Prepared by: Law Offices of Burnadette Norris -Weeks, P.A. 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 WELLSPRING APARTMENTS AND WELLSPRING SPRING APARTMENTS, LIP, THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into as of this day of , 2021 ("Execution Date") by and between Wellspring Apartments, LLC, (the "Owner"), with the address of 11 Island Avenue, #1008, Miami Beach, FL 33139 and the City of Opa- Locka, Florida, a municipal corporationand 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 1_9 acres of land located 14703 NW 27 Avenue, Opa-Locka, FL 33054, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. (08-2122-025-0580 and 08-2122-025-0590) (the "Property"), the legal description of which is attached hereto andmade a part hereof as Exhibit "A"; and WHEREAS, the City's Commission adopted Resolution Number approving a Master Site Plan lot the Proposed Development type which includes an approximately 66.116 square foot office building, as well as approximately 91_surface parking spaces; and WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local Govemment Development Agreement Act, the Florida Legislature has determined that the lack of certainty in the development process can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planningand 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 1 WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and WHEREAS, the City Commission pursuant to Resolution No. , adopted on , 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 are 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 andthus 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, Wellspring Apartments, with the address of 11 Island Avenue, #1008, Miami Beach, FL 33139 and/or any of its respective successors, assigns, or heirs thereof. (0 (g) (h) "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, 2 (1) "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 Wellspring Apartments 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. "Final Site Plan" means the "Wellspring Apartments" Site Plan approved by the City Commission via Resolution No. for a 110 -unit elderly housing development. (m) "Governing Body" means the City of Opa-Locka's City Commission. (n) "Initial Term" is thirty (30) years commencing on the Effective Date. (o) "Land" means the earth, water, and air, above, below, or on the surface and Includes any improvements or structures customarily regarded as land, except as provided herein. (P) (q) "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. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date, including Opa-Locka's Land Development Regulation Code, the Ordinance Number 15-31. (r) "Parties" means the City and the Owner. (s) "Project" is the Wellspring Apartments at 14703 NW 27 Avenue, Opa-Locka, FL 33054 as described in the plans prepared by MODIS Architects and dated March 19, 2021, which proposes the development of an approximately 66,116 square foot building and parking spaces with related employee and guest parking. (t) "Property" means the approximately 1.9 acres of land located on — vacant land, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08-2122-025-0580 and 08-2122-025-0590the legal description of which isattached 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 = and _- approving the Wellspring Apartments at Wellspring Apartments Site Plan and the Wellspring Apartments Development Agreement Project. 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, the Ordinance, and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Owner, the Agreement with the clerk of the Circuit Court for Miami -Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, P.S., the City and the Owner shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6. Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full force and effect, and be binding on all Parties (including the Owner) and all persons claiming under it for an Initial Term of thirty (30) years from the Effective Date, and may be extended for one or more Additional Term(s) thereafter by mutual consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to any extension of this Agreement requires approval of both parties to this Agreement. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. The obligations imposed pursuant to this Agreement upon the parties and upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs,successors, grantees and/or assigns. 7. Termination. No notice of termination shall be required by either Party upon the expiration of this agreement and thereafter the Parties hereto shall have no further obligations under this agreement. 8. Expiration / Termination / Default. Upon the expiration of the Agreement, the City shall have ability and the rights under its police power to adopt Zoning Regulations not inconsistent with the rights granted hereunder. In the event of termination or default, no further rights under this Agreement shall exist, whether brought under a claim of vested right, equitable estoppel or otherwise. 9. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner agrees as follows: (a) All impacted Public Facilities shall be adequate to serve the Property at an acceptable level of service prior to the issuance of a Certificate of Occupancy for the Project, and shall be served by water and sanitary sewer main extensions as required by the City in accordance with Miami -Dade County permitting requirements. 4 (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 Wellspring Apartments Site Plan. Such items include, but are not specifically limited to: • Design of all physical structures, water bodies, private and public improvements and • The color and dimensional characteristics of all building materials. • 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 Wellspring Apartments 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 April, 2049. (� 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 form of annual reports and any additional documentation that will be required] (g) The Owner will not physically alter or substitute the design of structures, materials and colors included in the Wellspring Apartments 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. (h) Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. (i) Owner agrees to employ Opa-locka residents through the assistance of the Career Source South Florida Office (or other similar organization as determinedby City) and shall also encourage all contractors and all of their subcontractors to employ Opa-Locka residents through the assistance of the Career Source South Florida office in coordination with the City of Opa-Locka and in accordance with the Memorandum of Understanding between the City of Opa- Locka and Career Source. [NOTE: City to provide Owner with a copy of the referenced Memorandum of Understanding and any additional documentation regarding this requirement] (j) 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; (k) All trash and garbage containers shall comply with all city dumpster enclosure requirements. (1) The following timelines shall be complied with by Owner, Wellspring Apartments, 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 6month 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 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 Wellspring Apartments Site Plan. (c) Water, sewer, paving and drainage permits; (d) Building permits; (e) Sign permits; (f) Certificates of use and occupancy; and (g) (h) (i) 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. 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 Wellspring Apartments, LLC. All currently non -compliant physical structures or vehicles if applicable, shall be removed prior to the execution of this agreement. 6 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 Wellspring Apartments Site Plan. The Property and the Project will also be served by all public facilities provided inthe City's Comprehensive Plan, specifically including but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For thepurposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property for the period of this Agreement. The Owner shall be bound by the City impactfees and assessments in existence as of the Effective Date of this Agreement. Nothing inthis paragraph shall relieve the Owner of the requirement to pay impact fees andassessments. 12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,the City hereby finds 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 asotherwise 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 govem the developmentof 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 theProperty. 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 address a particular 7 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 parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, orrequire 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 Wellspring Apartments, LLC 11 Island Avenue, #1008 Miami Beach, FL 33139 Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The 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 partiesto 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. 8 Pursuant to Section 163.3241, F.S., if state or federal laws 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. 18. 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. 19. 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. 20. 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. 21. 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 ifthere 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. 9 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: 10 OWNER Wellspring Apartments, LLC WITNESS: By: Name: Title: Print Name Signature Print Name By: Name: Title: Print Name Signature Print Name 11 FXHTBIT A- PROPERTY (LEGAL DESCRIPTION) PLANNING &ZONING ADVISORY BOARD May 11th 2021 WELLSPRING APARTMENTS, LLC: Development Agreement Review APPLICANT'S REQUEST: A RESOLUTION OF THE PLANNNG AND ZONING APPEALS BOARD OF THE CITY OF OPA-LOCKA RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A SENIOR AFFORABLE HOUSING FACILITY LOCATED AT 14703 NW 27TH AVE IDENTIFIED BY FOLIOS 08-2122-025-0580 AND 08-2122-025- 0590; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Report City of Opa-locka 1 Planning and Community Development Department I. Site Background • According to Miami -Dade County Property Appraiser's website, the subject Property's legal description is as follow: 22 52 41 OPALOCKA INDUSTRIAL PK 77-73 LOT 10 BLK 7 LOT SIZE 43000 SQ FT OR 12594-2522 0885 5 • The subject property is currently own by Wellspring Apartments, LLC. according to the Miami -Dade County Property appraiser's website. The subject Property is currently a Vacant lot and the current zoning on both parcels (Folio #08-2122-025-0580 and 08-2122-025-0590), is B-1. • The site is located along NW 27th Avenue. The site is only accessible via NW 27th Avenue at its eastern edge providing for ingress and egress. Currently the site is zoned as B-1 also within the Corridor Mixed Use Overlay which allows for the operation of a Senior Housing Facility. (see Existing Condition Section). NW 27th Avenue NORTH Figure 1: Google Street View, dated: SOUTH City of Opa-locka 1 Planning and Community Development Department Page 3of11 11. Project Details • Applicant's intent Wellspring Apartments, LLC, owner of the subject property located at 14703 NW 27 Ave, Opa-Locka, Florida, requests final site plan review and approval in order to allow the construction and operation of a new senior apartment building at the subject property. The property is bounded by NW 27th Avenue to the west, by NW 25th Court to the east, by an industrial warehouse to the north, and a medical facility to the south. The entire property is fenced, with controlled access. The applicant wishes to construct a six -story senior apartment building totaling 66,116 sf, with a 0.8 surface parking ratio; no reduction in parking is being requested. The residential development will be comprised of 110 one-bedroom/one- bathroom and two -bedroom/ one -bathroom affordable senior housing units. The development will include two elevators, a, multipurpose room, and outdoor pavilion and picnic area. The scope of work includes, but is not limited to, leasing and management office, impact resistant windows, Energy Star appliances, granite kitchen countertops, water conserving plumbing fixtures, an emergency call system in each unit, programmable thermostats, a laundry facility at each floor and access controlled secure entry into the building and premises. Wellspring is being constructed on a vacant 1.8 -acre parcel, adjacent to the demised Jackson North Maternity ward slated to be repurposed into a community health and wellness center accessible to future residents. At completion, the Wellspring development site will feature an elderly affordable housing development in addition to a 44,000 sf. of medical office space for seniors and low-income residents in the Opa-locka community. The proposed medical facility will include but is not limited to: • Primary Care • Specialty care to include Cardiology, Podiatry, Urology, and/or Radiology • Urgent care services • Rehabilitation Center • Physical therapy services • Optical services • Dental services • Weight loss services • Community Barber Shop and Salon City of Opa-locka I Planning and Community Development Department Page 4of11 Wellspring Apartments, LLC Applica Folio Number (` Address Locatio Building (s) Footprint Floor Are Zoning Zoning Code Consistence' Existing Land Us, Future Land Us Designatia Comprehensive Pla"' Consistency Applicable LDR Sections SETBACKS/YARD Front (West -NW 27th Ave) Front (East -NW 25th CT) Side (North Side (Wes' Corner Lots/ Oth Lot Coverag Lot Densi Lot Size, Lot Widt Building Height, Structure Lengt Other Vehicular Use Are Landsca ' in Opa-locka: 08-2122-025-0580, 08-2122-025-0590 14703 NW 27 Ave, Opa-Locka, Florida Gross Area - 73,225 SF Net Area - 68,270 SF Total 66,116 SF B-2 - Commercial Liberal The proposed use for Senior Apartments is consistent with the B-2 Zoning Code. B-2 / Corridor Mixed Use Overlay B-2 / Corridor Mixed Use Overlay The proposed use for Senior Apartments is consistent with the Comprehensive Plan with the requested property being B-2. Ordinance no. 15-31, Article III Sec; 22-55; Article V Sec. 22-90, 22-112, Article V Sec. 22-155, Ord. no. 14-16 REQUIRED 15 Feet 15 Feet 0 Feet 0 Feet N/A 87% - 59,395 sf N/A 5,000 SF (0.22 Acres) WA B-2 - 4 stories or 55 feet, whichever is Tess CMU Overlay - Mixed -use buildings in the MXUOD may be built to a maximum height of six (6) stories, except to allow for architectural features, parapet, elevator overrides, machine room, etc. with the approval of FAA. All other buildings shall be limited to a maximum of four (4) stories in height, except to allow for architectural features. N/A 3,414 SF PROPOSED 15 Feet 15 Feet 10'-r 75'-2" N/A 22% -14,737 sf N/A COMPLIANCE YES YES YES YES WA YES N/A 73,225 SF (1681 Acres) YES WA N/A Apartment Building: YES 6 Stories N/A Tot Open Space: 18,959 sf WA YES City of Opa-locka 1 Planning and Community Development Department Page 5of11 Landscape/ Pervious Coverag, Notification Require Local Government Action Required III. Overall Analysis Existing Conditions: Apartment buildings: pursuant to the Land development Regulation Ordinance 86-8: Article 4, section 22-155.0.8 Parking per unit Number of Apartment Units: 110 Units Total Space Provided: 88 Total Spaces YES 5% minimum required pervious 28% provided YES This request will be properly noticed pursuant to state law and city charter by the city clerk's office. - A copy of notice for advertisement titres were given to the Clerk's Office on Monday, April 12th, 2021. To be advertise at least 10 days prior to this Planning and Zoning Board meeting on Tuesday, May 11 th, 2020. - City Commission Meeting: TBD The City Commission must review this site plan and consider approval/disapproval after it is reviewed by the Planning and Zoning Board and any other applicable board or agency. The proposed facility requests final site plan review in order to construct and operate Senior Apartments at the subject property. • The Subject Property is generally surrounded by 1-2 properties to the north and east and B-2 to the south. • The Subject Property is currently vacant lots. • The property is within both the CRA Boundaries and the Corridor Mixed Use overlay. City of Opa-locka. 1 Planning and Community Development Department Page 6 of 11 Enlarged Aerial View of 14703 NW 27 Ave Surrounding Land Use and Zoning: Table 2 Location North South East West Industrial Industrial 1-2 (Liberal Industrial) B-1 (Liberal Industrial) 1-2 (Lib. Industrial) ROW Commercial Commercial (Medical) Industrial Industrial ROW NW 27th Avenue City of Opa-locka 1 Planning and Community Development Department Page 7 of 11 Surrounding Zoning Designation Map The Site is Highlighted in image • General Character / Neighborhood Compatibility: The proposed development use will be in Harmony with the general character of the surrounding neighborhood considering population density, design, scale, and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions? - Findings: ■ The propose development use `Senior Apartments" is in harmony with the general characteristic of the surrounding neighborhood: Industrial Uses COMPLIES • Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE NO.10-03 - Findings: ■ The Applicant is proposing to include landscaping at .44ac. (Please see attached Landscape Plan for Trees detailed information). COMPLIES • Fence: All fences constructed on property perimeters shall be of a decorative masonry block to prevent the view of any back of house operations. Fences shall be constructed in a way so as not to obstruct or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two hundred (200) feet of any intersection within the district. - Findings: ■ The Applicant is required to have fencing as the property is on a commercial corridor pursuant to the City Land development Regulation/Zoning Code 15-31, B-2 Industrial District (Section 22-90). • Future Land Use: Commecial/Corridor Mixed Use Overlay City of Opa-locka 1 Planning and Community Development Department Page 8 of 11 • According to the City of Opa-locka Comprehensive Plan; the proposed project shall be located within the City's Commercial land use designation category location. COMPLIES • B-2 (Commercial Liberal) Permitted Uses: Project Specific: Senior Apartments - Findings: ■ According to the City's Land Development Regulation/ Zoning Code B-2 (Commercial Liberal) as well as the Corridor Mixed Use overlay allows for Senior Apartments. COMPLIES • Community Comments/Petitions: The Applicant verbally informed the Planning and Community Development Department that petitions were submitted to the surrounding businesses for signatures, comments or possible opposition. - Findings: The Planning and community Development Department has not yet received any signed petitions submitted to the Neighboring Businesses as indicated by the Applicant. IV. Project Need Assessment / other Required Approvals 1. Site Plan • Application submitted for Planning Council Meeting (this meeting) Tuesday, May 11`s 2021. 2. Development Agreement • Application submitted for Planning Council Meeting (this meeting) Tuesday, May 11`h 2021. V Development Review Committee (DRC): Meeting Review Comments 1. Capital Improvement Project (CIP): • No issues reported for the proposed Site Plan 2. Building: • N/A 3. Police: • N/A 4. Community Redevelopment Agency (CRA): • N/A 5. City Manager's Office (CMO): • N/A 6. Code Enforcement: • N/A 7. City Attorney's Office: • Development Agreement under review 8. Public works: • N/A s. Inter -jurisdictional Review: City of Opa-locka 1 Planning and Community Development Department Page 9 of 11 • N/A VI. Staff Recommendation: - Staff recommend approval of this Site Plan pending the following other approvals: • A Development Agreement must be submitted along with this Senior Apartment Site Plan pursuant to the city Land Development Regulation/ Zoning Code Ordinance no. 15-31: Article V Section 22-112 and F.S. Section 163.3220-163.3243; All signage shall comply with the City's Sign Code Ordinance no. 15-31 Article X; All landscaping and parking areas must be provided and maintained as shown in the Senior Apartment Site Plan; • Trees to be planted 25' avg. oc.; • Adequate landscape buffer around parking area; • Compliance with resolution 5058, fare share agreement; • Extend employment opportunity to City residents through the City's Human Resource dept. and the Opa-locka workforce; • Maintain 100% the use, function, or any recommendation the Planning and Zoning Board deem necessary to this Senior Apartment site plan and or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures; • All trash & garbage containers shall comply with the City dumpster enclosure requirements; • The Development Agreement (D.A.) shall specifically address the daily operation, business, behaviors and any other requirements set forth by the City's Land Development Code, Planning and Zoning Board and the City Commissioner for this proposed Senior Apartment site plan; • Address all Miami -Dade County's input/recommendations as appropriate VII. Attachments: • Letter of Intent • Site Plan • Development Agreement Planning and Community Development Department Approved by Project Planner NaimeasiTide Corion J. DeLaine, City Planner Gerald J. Lee, Zoning Official Gregory D. Gay, Director Planning and Community Development Staff Report Updated After the Planning and Zoning Board Meeting on May 11th 2020. Reflected Actions: Planning and Zoning Board Decision: (PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS) Resolution No. RESOLUTION OF THE PLANNING AND ZONING BOARD, OF THE CITY OF OPA-LOCKA, RELATING TO THE APPLICATION OF: Senior Apartments FOR: SITE PLAN APPROVAL REQUEST TO CONSTRUCT AND OPERATE THE FOLLOWING: To construct a six -story senior apartment building totaling 66,116 sf, with a 0.8 surface parking ratio; no reduction in parking is being requested. City of Opa-locka 1 Planning and Community Development Department Page 10 of 11 WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa- locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby a. APPROVED b. DENTED c. DATE: 5-11-2021 NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on / _ / 2) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. *** The Planning and Zoning Board Approval of this request was approved by a - vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of Chairperson or Designee The Following changes/recommendations are updates based on the Planning and Zoning Board Meeting discussions in regards to the proposed Senior Apartments. City of Opa-locka 1 Planning and Community Development Department City of Opa-locka 1 Planning and Community Development Department