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HomeMy Public PortalAbout21-9923 Development Agreement for the Operation of a Concrete Batching PlantSponsored by: City Manager RESOLUTION NO. 21-9923 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING A DEVELOPMENT AGREEMENT 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 FOLIOS 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. WHEREAS, the Applicant desires to continue the operation of their concrete batching plant on this eight parcel development site in the I-2 (Industrial Planned) zoning district and to comply with the requirements of the City Land Development Regulations; and WHEREAS, the Applicant seeks to obtain Development Agreement Review approval in the accordance with the requirements of the City of Opa-Locka for the operation of a concrete batching plant on the property located at 13050 NW 30th Avenue and identified by folios 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; and WHEREAS, the Applicant has submitted plans through the site plan process to illustrate compliance with the requirements of the Land Development Regulations and to illustrate all non -conforming aspects of this operation. The Applicant will take steps to mitigate or reduce the non -conforming aspect as much as possible by site design or through variance request; and WHEREAS, on November 17, 2020, AMDI USA, Inc. presented their formal application request, all evidence, documents, and marked exhibits before the Planning & Zoning Board and the Planning & Zoning Board recommended approval of the application for the variance requests by a 4 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". Resolution No. 21-9923 NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: 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 Planning & Zoning Board of the City of Opa-Locka hereby approves an approval request for the Development Agreement, attached hereto as Exhibit "A", for operation of a Concrete Batching Plant on the property located at 13050 NW 30th Avenue and identified by folios 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 (Industrial Planned) Zoning District. 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 22nd day of September, 2021. _ TTEST: 3A nna Flores, City Clerk 2 Matthew A— Pigatt, Mayor APPROVED AS TO FORM AND LEGAL SUFFICIENCY: 6 Burnadette Norris City Attorney Weeks, P.A. Resolution No. 21-9923 Moved by: Commissioner Bass Seconded by: Commissioner Davis VOTE: 4-1 Commissioner Taylor YES Commissioner Burke YES Commissioner Davis YES Vice -Mayor Williams YES Mayor Pigatt NO 3 PAGE 10A I SUNDAY SEPTEMBER 4, 2021 MMMI HERALD POLITICS Gongora drops reelection bid; total of 14 candidates qualify for Miami Beach election *11 MARTIN Assolu m a.ww@m mu.rwam,,, The ballot is now set for Miami Beach's Nov. 2 election, with a total of 14 candidates qualifying Friday to campaign for three commission seats and the mayor's job. The biggest wildcard leading up to the qualify- ing deadline, incumbent Commissioner Michael Gdogora, dropped his bid to seek reelection in Group 3 following a judg - e's order barring him from running due to city term limits. Gdngora instead filed Thursday to 0m for mayor in 2023, which he said was initially hie plan before his supporters told him to run for reelection. He also threw his support behind the newest Group 3 candi- date, Planning Board Member Alex Fernandez, whom Gdngora said he had initially recruited to run for his seat earlier this year. Gdogom said he would transfer the more than $200,000 in his cam- paign coffers to his next czmpaigo- "A lot of people in- vested in my race and want to have my voice on the dais in City Hall," he said. Fernandez, who filed to run this week, is joined in the Group 3 rare by Mi- chael "Mike B. Barrineau, Melissa Beattie and Ste- phen Cohen. There were other sur- prises Friday, with two candidates switching groups. Gregory Branch, who initially fled in Group 1 before switching to Group 3, jumped back in the Group 1 race. He joins four other candidates in the race, including former Commissioner Kristen Rosen Gonzalez, Adrian Gonzalez, Raquel Pacheco and Blake Young. In Group 2, a seat held by Commissioner Mark Semuelian, challenger "u 53 Fc Coaten to Miami Beach Commissioner Mkhael Gdngora. Fabian Basabe entered the race on Friday, giving Samuelian his only com- petition in the election. In the mayor's race, Mayor Dan Gelber is run- ning against four other candidates: Jean Marie Echemeodia, Ronnie pith, Carlos Enrique Gutierrez d Gus Manessis. Ina fundraising email sent after Friday's qualify- ing deadline, Gelber told his supporters to "expect this to be a competitive election where no one can stay on the sidelines." The last day to register to vote in Miami Beach's November election is by 5 pm on Oct 4. The last day to request a vote -by - mail ballot is Oct. 23. Early voting starts on Oct 18 and ends Oct 31. Martin Vassob, 305-376-2071, mw8indvatwb 400 1a,d i ABORTION Court precedent" WHAT TEXAS ENACTED The announcement comes an Florida Demo- crats are pledging to fight any bills in the state Legis- lature inspired by SB 8, the new Texas law that out- laws abortions after six weeks of pregnancy, be- fore moat women know they are pregnant. Similar so-called "heartbeat" bills have been previously pro- posed in other states, in- cluding Florida But in Texas, the new law em- powers civilians to report violations that could result in at least S10,000 in damages if they succeed in court The Florida Legislature has taken up efforts to pass new abortion restrictions nearly every session. Florida Senate President Wilton Simpson issued a statement last week when the bill was signed into law, saying "it's worthwhile to take a look at the Texas law and see if there is more we can lanes to report their own neighbors to the regime over anti -government sentiment "Thin law specifically in do here in Florida." But he Texas, the one they want stopped short of specifying to bring to Florida, would what restrictions Florida do that here in Florida lawmakers would consider That civilians would be in the legislative session the ones who are patroB- that begins Jan. 11. kg: in what car did they Miami Sen. Annette get into, where did they Taddeo, a Democrat, said go, if they've gone to an during a press conference [abortion] center. Which in Doral she was coo- by the way, many women cerried about Florida Re- go to these centers simply publicans suggesting they so they can prevent get - are waling to take on new ling pregnant," said Tad - anti -abortion legislation deo. "When I was young and calling the Texas law and I had no health insur- the "Rapist's Bill of nice, l used to go to Rights," in reference to Planned Parenthood to the lack of exceptions for receive the pill. That's rape or incest what is happening today "When we're talking with so many people." about abused, in many situations children, they've OUT-OF-STATE already been abused by PATIENTS SEEKING thew abuser and now CARE they're going to be abused Laura Goodhue, exec - again by their govern- utive director for Florida's meal," said Taddeo, who Planned Parenthood affil - has hinted at a possible iatea, said a Texas -style run for governor in 2022. law in Florida would im- She also compared the pose major restrictions on civilian enforcement of the any woman seeking abor- ban to a culture of political tloo across the entire repression in Cuba, where southern U.S. neighbors have been en- She said Planned Par- couraged to act as vigi- enthood sites in Jackson - CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC MU Litigant! WWII Martha Dry C.ammisson Mthe Cliyo4OPaiooAn F0o43wg holdp,0ichearn0s at its Regular Cam4stlon Meeting co We0n8WR, September 22, 2101 M TIM pa. al Shabondy Dame Auditorium, 215 Past Avenue, Opa ="ld Puri* to consider the toiow'ng Muns for adoption: HES0.YTIONs/P3BUC RARING: A R03OL011ON Of THE CRY COMMISSION OF TIN CITY OF 03040005 0010K 033000 5 A TDRATI51 PLAT REVIEW REQUEST FOR NE OPERATION Uf A CONCRETE BATCM80 PLOT AIM FINI8BUI CONCRETE PROOUC111N COMPANY FACILITY OM TIM PROPERTY LOCATED AT MOD MW 3111 ARAM AND MORTIFIED BY 001105 O8-2120-002- 0025 06212E -0D2-0030, 062126402-0045 01'1121-062-0050; 060126003-0080; 051126&024005 062126004-0115 AND 0E-21260048330, W TM I-220NW6 DISTRICT; PROVIDING FOR AN EFFECTIVE BATE. A RE5011110N OF THE CITY COMMISSION 0f THE CITY OF OP0411NA, 1000300, APPROVING A VARIANCE REQUEST FOR THE OPERATION OF A CONCRETE BOTCHING PLANT ARO FINISHED COME PROOUC008 COMPANY FACIUTT ON TM PROPERTY LOCATED AT 13050 NW 10133 AVENUE AND IDENTIfE6 IIY FOLIOS 08-2126082-0025 00.2126 002.0035 01-2128-002-0045 105126002-0053 50.2128-002- 0085 05'2128.002-01130; 05-2128004-031; MOO 08-2128-084- 0330, IN THE 1-2 ZONING DISTRICT; PROVIDING 0OR AN EFFECTIVE DATE. A RESOLUTION O THE CITY COMMISSION Of THE CITY Of OP4{OCRA, ROMA, APPROVING THE SPECIAL EXCEPTION SITE PLAN REVIEW REQUEST F00 ME OPERATION O A CONCRETE 000005 B PUNT AND 0835NETI CONCRETE PRODUCTION COMPANY FACWTT ON THE PROPERTY 10CA11D AT 13850 NW 30714 AVENUE AND IOF0T1IE0 0T FOLIOS 842126062-0020; U0-2125882-0035 062126002-1040;062128.082-0055062126002-0085U6E126-002-0900;05-2126004-0355 ARO 063125-000-0311, IN THE 1-2 ZONING DISTRICT, 31101101/113 FOR AN ERECTIR BATE A RESOLUTION OF 111E CITY COMMISSION 0f THE CIT/ OF 03A40058, FLORIDA APPROVING A OVUDPMEN7 AGREEMENT FOR 1110 OPERATION Of008008000705(33088033,48306003008003CONCRETES/ROBINGRANT CONCRETE PRODUCTION COMPANY 0AO11TY ON THE PR8PERTY LOCATED AT 13050 NW SON AVENUE AND 10ENTIHm BT FOLIOS 05-2128002-0023 01-2126 002-0033 08-2126002-084M 00-2126-082-0150; 05-2126002- 0003 00-2125002-0080; 06-2125-6040360; AIM (M-2128-084- 0330, IN THE F2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE FIRST READING ORDINANCE/PUBLIC NEARING; AN ORDINANCE O THE CITY COMMISSION O 180 CRY O 0PA40CNA, FLORIDA, APPROVING A AEIOST FROM AM01 USA. INC. TO CLOSE, VACATE AND MAROON A PORTION OF NW 11008 STREET BETWEEN NW 10TH AVENUE AND NW 30114 COURT AND A 11081100 OF NW 30TH COURT a/TWE9 NW MOTH STREET Ago NW 131ST STREET FOR TNT OPERATION OF A CONCRETE 601CNIN6 WART AND MIMED CONCRETE PRODUCTION COMPANY FACI0TY ON IRE PROPERTY LOCATED AT 1315• NW 30111 MINK Mel mEN0REO 0T (01100 05-2121-002- 0020; 06-2126002i00M 111-21214102-O040; 062120-000-0050; 063121-000-0065 06'2)06U00'009005 -2125.01N353 AIM 15-2128-004433514111EI-2 ZONING DISTRICT; 360BI0O0 FOR AN EFFECTER BATE AO interested perms are encouraged b parttime, and wit be heard vein respect to he path: hearings. Additional information on Me above earn may be obtained by contacting the Mee el Os Dry Oak 0y telephmw305952.2000 or anal Pbrq@ppabd akuor.Io participate of prav4amiMer,6YueuSy, please register on the City of Ope4odrz website at wwaopyodmfl ow no suer than TOO out on Wednesday, September 22,2021. In accordance with the "interims with 110054 ss Ad of 1990, pawn need,g WAN xmmwda0ms t0 participate in (he proceeding yp4d contact the Oise of the Coy Clerk a1 1305) 9532800 for assula0ce cwt late Dun Sae (5) rays prior's the p0aeerig N haaMg npaaed, you 005Iakp1010 0e Florida Relay Reprice at 18001 9558771 (1TY), (030) 9550770 (Vice), (077) 9558773 (Soamsh) a (877) 955-8707 (Credo). PURSUANT TO FS 288.GI05;AvyoYre who desires in appeala-q aim'. made %aybomq 5Pa,%a commission nth reaped to any matter considered at arch maWng or hearing wit need a record dew preceedal0, andfor that reason, may reed to ensue 002 a cwl2Om record o2 the proreadngs is made, whim retard mined. Me Issaneny and aWdence upon which the appeal maybe basal. Jeaaaa Berm CHC DM Clark City a OAFIac8e vile and Tallahassee have seen an increase in pa- tients from Georgia and Alabama due to a lack of abortion providers in those states. Another ban on abortions six weeks into pregnancy in the South's two largest states would mean more patients heading to overworked clinics in Louisiana and other southern states, Goodhue said. "This means practically one half of the country would be without abortion access," Goodhue said. Dr. Samantha Deans, associate medical director at Planted Parenthood of South, East and North Florida, said it was not accurate to say that a heartbeat can be heard after six weeks of preg- nancy because a fetus has not yet developed the heart valves that pump blood into the body. "That is based on the technology and the quality of your ultraoouoa The sound that you are re- ferring to is actually just ultrasonic waves that come from the machine and create feedback as they hit the electrical activity of the cells. It is not a heartbeat, there is no blood that exists in an embryo to beat through a heart," said Demo during the press conference in Doral. "Valves don't exist until eight weeks of an embryological develop- ment and 10 weeks of pregnancy." Democratic U.S. Rep. Debbie Wasserman Schultz, who said her own pregnancy wasn't detected for eight weeks, said she anticipates a mass public pressure campaign in Texan and Florida if the Legislature chooses to move forward with a Tex- as -style law. Wasserman Schultz brought up examples of Atlanta losing the Major League Baseball All -Star Game after the state passed restrictions on voting, and threats from the NCAA and other sporting organizations to cancel events in North Carolina after the sate compelled schools to re- strict use of bathrooms to users based on the corre- sponding sex listed on their birth certificates as potential consequences Florida would face if it passes an abortion ban. But Democratic state Rep. Dotie Joseph said she doesn't think economic pressure will sway many of her Republican col- leagues. All we'll see them is being dubbed a 'woke corporation,' " Joseph said when asked about the prospect of boycotts from businesses. "1 don't know that it moves [Repub- licans] in any way, shape or form-" Democratic state Sen. Lori Berman said some elected Republicans could ultimately be swayed not to make abortion restric- tions a central part of their campaigns to appeal to suburban women, though she did not anticipate that many Florida Republicans at the state or federal level would vote against enact- ing Texas -style legislation. "I don't think it's the state boycotts, but 1 do think there's an issue with moderate Republican women who do support abortion," Berman said. Bianca Padrd Oran,: 305-376-2649, @Bianco/oanie CITY OF OPA-LOCKA, FLORIDA NOTICE OF BUDGET HEARINGS FY 2021-2022 00110E IS HEREBY OVEN that the City of 0704,4,4 0,8 conduct public heann00 on the Fiscal Year 2021.2022 Budget on Ws aeaaoy, September 15, 2021 at 8:01 p.m. and WNpsdey, September 22, 2821 et 891 R -r5. at Sherbondy Village Auditorium, 215 Perviz Avenue, Opalocka, Florida to consider the hollowing: AM ORDINANCE OF THE CITY COMMISSION OF THE CITY Of OPA LOCKA, FLORIDA, ADOPTING A FINAL M1W5E RATE PURSUANT TO SECTION 200.085, RORIDA STATUTES, FOR FISCAL YEAR 2021-2022, COMMENCING OCTOBER I, 2820 TRR000H SEPTEMBER 30, 2022; SETTING FORTH PUBLIC NEARING OATES; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDING FOR REPEAL OF ALL PRIOR ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABIUTY; P60010148 FOR AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY COMM150108 OF TM CITY OF OPA4003R, FLORIDA, APPROVING AND ADOPTING THE CITY'S GENERAL, PROPRIETARY AND SPECIAL FUNDS BUOOET FOR THE FISCAL YEAR 2021-2002, COMMENCING OCTOBER 1, 2021 THROUGH SEPTEMBER 30, 2032; PROVIDING FOR IRE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTH0BIIIN8 THE CITY MANAGER TO TARE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGET EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATION AND AMENDMENT; PROVIDING FOR ADOPTION OF REPRESENTATIONS; PROVIDIN5 FOR CONFLICT AND REPEAIFR; PROVID140 FOR SEVE8AB0LITT; PROVIDING FOR AN EFFECTIVE DATE Tls purposed the Budget Hearings is to allow City of Opaloda resident Me opporislily to speak on the fiscal year 2021.2022 hedge! AD interested persons are encouraged to attend Mese meetings and MI be heard et; respect to UN pu6Ec hearkl9s. A copy of the Rkd Year 2021-2022 Proposed Budget is available for review on the City of Opalocka w0b9Ae atw Yfonabdtal.O0. ?moires* PeM10 ParUg101Be1 Hems math the mean Members rite pubic can watch pubic meetings and pubic hearings at htms//www.wutuba.cumf 05Br/01 00oalpdc5 Public Hearings am held in -person Male 0lowing rtual participation.Membcs of the p110610051930 5305400 comments on the FY 2021-2022 budget may do m in person ofvirtually. To pMMIlmte *MM2. NPase register by 5:01 p.m en the scheduled meeting date via the City of Opalodmwebste al 1M44,000I0dra11.O0y. Please contact the City Desk at (305) 953-2800/2801 or gloresetooab,,5ocy for additional information. nacrardaocew4Ih heAmeriwnswim Osab*Be3Actol1990,persasneeding specialaccommoda4ons a p21Oripah n the prOceeding should contact the Moe 11 0s Dry Clem at 315.9532800 la assistance Is later Man free (5) days prior to the proceeding. 3 hearbg implied, you may telephone Ube )orida ploy Sm ice at 800.955.8771 (11Y), 800.955.8770 (Voice), 877.955.8773 (Spanish) or 877955.8707 (Creole). PURSUANT TO FS 21“1.01Ire Anyone who desires to appeal any decision made by any board, money, orcarmmsian with respect to any matter considered such meeting or harem 'Wooed a record al Me proceedings, and fa that reason, may Reed to ensure Oat a ver0a1m recom al the proceedings Is made, which record[' dudes the lestlnaeyand evidence upon whim the appeal may be based JOANNA FLORES, CAC CITY CLERK City of Opa-locka Agenda Cover Memo Department Director: Gregory Gay Department Director Signature: City Manager: John E. Pate CM Signature Commission Meeting Date: May 12, 2021 Item Type: (EnterX in box) Resolution 1 d' i a ce Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading. (Enter X in box) 1st Reading 2nd Reading X Public Hearing: (Enter X in box) Yes No Yes No X Funding Source: Account# : (Enter Fund & Dept) Ex: See Financial Impact section below Advertising Requirement: (Enter X in box) Yes No ILA Required: (Enter X in box) Yes No RFP/RFQ/Bid#: X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communcation Area: Strategic Plan Obj./Strategy: (list the specific objective/strategy this item will address) X 1. . MI • • NI 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 THE DEVELOPMENT AGREEMENT REVIEW REQUEST 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 FOLIOS 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. Staff Summary: The proposed project consists of the assemblage of eight parcels, identified by folios 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, all of which are owned by IDMA Holdings, Inc., c/o Alex Orozco for AMDI USA, Inc. The property site is currently being used for the Concrete Batching Plant Operation, however the review and approval of these requests would bring this operation into compliance with City Land Development Regulations and Miami -Dade County Code of Ordinances. The applicant, AMDI USA, INC., desires to continue the operation of their concrete batching plant on this eight parcel development site in the I-2 (Industrial Planned) zoning district and to comply with the requirements of the City Land Development Regulations. This development site includes the properties listed and a portion of NW 130th Street and a portion of NW 30th Court between NW 130th Street and NW 131St Street, and the site is approximately 166,498 square feet or 3.82 Acres according to the site plan. The applicant submitted plans through the site plan review process to illustrate compliance with the requirements of the Land Development Regulations and to illustrate all non -conforming aspects of this operation and the steps the applicant will take to mitigate or reduce the non -conforming aspect by site design or through variance approval request. This Development Agreement request was reviewed by the Planning & Zoning Board on November 17, 2020. The Planning & Zoning Board recommended approval of this request by a 4-0 vote. Financial Impact The Concrete Batching Plant operation will continue to obtain City Business Licenses and Certificate of Use. There is no significant financial impact. Proposed Action: Staff has recommended approval of this request. Attachment: Draft Resolution PZAB Application PZAB Meeting Minutes 11-17-20 Staff Report Site Plan Record and Retum to: (enclose self-addressed stamped envelope) Hope W. Calhoun, Esq. 14 SE 4th Street, Suite 36 Boca Raton, FL 33432 This Instrument Prepared by: Law Offices of Burnadette Norris -Weeks, P.A. City of Opa-Iocka 780 Fisherman Street Opa-locks, FL 33054 SPACE ABOVE THIS LINE F RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND IDMA HOLDINGS, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is made, and entered into this day of 2021 ("Execution Date") by and between IDMA Holdings, LLC/AMDI USA, Inc., a Florida limited liability company ("Owner") with a mailing address of 13050 NW 306 Avenue, Opa Locka FL 33054 and the City of Opa-Locka, a municipal corporation and a political subdivision of the State of Florida ("City"), with a mailing address of 780 Fisherman Street, Opa Locka, FL 33054 WITNESSETH: WHEREAS, the Owner is the fee simple owner of approximately 3.82 acres of land located at 13050 NW 30th Avenue Opa-Locka, FL 33054, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 0821280020020, 0821280020030, 0821280020040, 0821280020050, 0821280020060, 0821280020090, 0821280040330 and 0821280040380 (the "Property"), the legal descriptions of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Owner acquired ownership of the Property with an existing concrete and batching plant located there upon ("Project") WHEREAS, the City Commission, on , 2021 adopted Resolution Numbers , approving a Special Exception Site Plan, a Tentative Plat, and Variances ("Applications") for the Proposed Development type which includes approximately 4,102 square foot office building, 13 office parking spaces, the concrete batching plant area as well as parking and loading area for the concrete/cement trucks and 21,215 square feet of landscaping; 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 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. , adopted on , authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below, and Owner is authorized 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 Owners and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. a. "Additional Term" 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, IDMA Holdings, LLC/AMDI USA, Inc., a Florida limited liability company and/or any of its respective successors, assigns, or heirs thereof. f. Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), F.S. 2 g. 'Development Permit" includes any building permit, zoning or subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. h. "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami -Dade County, i. "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty (30) years) and the Additional Term, as defined herein j. "Execution Date" is the date that all parties have affixed their signatures to this Agreement. k. "Existing Zoning" means (a) all entitlements associated with the City's approval of the IDMA Holdings, LLC/AMDI USA, Inc., at 13050 NW 30th Avenue Site Plan, and (b) the provisions of the Charter, Comprehensive Plan and Laws of the City of Opa-locka, including the City of Opa-locka's Unified Land Development Regulation Code and the Ordinance, as amended through the Effective Date. 1. "Final Site Plan" means the IDMA Holdings, LLC/AMDI USA, Inc. at 13050 NW 30th Avenue "Site Plan approved by the City Commission via Resolution No. for the existing concrete batching plant currently existing on the Property and the office and surface parking and landscaping in accordance with the site plan. m. "Governing Body" means the City of Opa-Locka's City Commission or successor entity. n. "Initial Term" is thirty (30) years commencing on the Effective Date. o. "Land" means the earth, water, and air, above, below, or on the surface and includes any improvements or structures customarily regarded as land, except as provided herein. p. "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any 1,ociil govemment zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land effect as of the Effective Date. q. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locks affecting the development of land in effect as of the Effective Date, including Opa-Locka's Land Development Regulation Code, the Ordinance 15-31. r. "Parties" means the City and the Owner, IDMA Holdings, LLC/AMDI USA, Inc. s. "Project" is the IDMA Holdings, LLC/AMDI USA, Inc. at 13050 NW 301 Avenue facility as described in the plans prepared by Glen Hanks Consulting Engineers, Inc. for the existing concrete batching plant as described by the AMDI site plan and dated August 29, 2020, which proposes the development of approximately 3.2 acre parcel of land located at 13050 NW 30th Avenue Opa-Locka, FL 33054,and identified by Miami - Dade County Tax Folio Nos 0821280020020, 0821280020030, 3 0821280020040, 0821280020050, 0821280020060, 0821280020090, 0821280040330 and 0821280040380 (the "Property"), the legal descriptions of which is attached hereto and made a part hereof as Exhibit "A." t. "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. u. "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number and approving the IDMA Holdings, LLC/AMDI USA, Inc., at 13050 NW 30th Avenue Site Plan and the IDMA Holdings, LLC/AMDI USA, Inc. 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 Develo9pment Regulation Code, the Ordinance, and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Owner, the Agreement with the clerk of the Circuit Court for Miami -Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, P.S., the City, and the Owners/Owners shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6.Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full force and effect, and be binding on all parties (including the Owner) and all persons claiming under it for an Initial Term of thirty (30) years from the Effective Date, and may be extended for one or more Additional Term(s) thereafter by mutual consent of the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to any extension of this Agreement requires approval of both parties to this Agreement. No notice of termination shall be required by either party upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. The obligations imposed pursuant to this Agreement upon the parties and upon the Property shall pin with and bind the Property as covenants running with the Property, and this Agreement shall le 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 4 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, 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 IDMA Holdings, LLC/AMDI USA, Inc. 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, loading areas 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 IDMA Holdings, LLC/AMDI USA, Inc. at 13050 NW 30th Avenue 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 at 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 November 2050. f. Owner shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. g. Owner shall strive to employ qualified residents from the City of Opa Locka to work at the Property (prior to and after construction). In order to accomplish this task, the Owner shall coordinate with the Career Source of South Florida office, located in the City. h. Owner shall also encourage all contractors and subcontracts to employ Opa-Locka residents through the assistance of the Career Source South Florida office. i. Owner agrees: To host job fairs for (business) operation jobs; 5 j. All trash and garbage containers shall comply with all city dumpster enclosure requirements. k. Owner agrees that the City may enter onto the Property to confirm compliance with the terms of this Agreement. 1. The following timelines shall be complied with by Owner, DMA Holdings, LLC/AMDI USA, Inc.. 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 shown. 9. Development Permits. In accordance with Section 163.3227(t), F.S., the City may need to approve the following additional development permits upon proper submission of all requirements, and City review or inspections, in order for the Owner to develop the Project: (a) Modifications to existing approvals and permits, including the Site Plan Amendment (b) Water, sewer, paving and drainage permits (c) Building permits (d) Sign permits (f) Certificates of use and occupancy (g) Any other official action of the City and/or Miami -Dade County, Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of Property. (h) Any liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this agreement. 10. Public Services and Facilities; Concurrence. 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 by the Applications. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan, specifically including but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For the purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property. All development orders or permits sought to be 6 issued for the Project pursuant to this Agreement are hereby found to meet concurrency standards set forth in the Comprehensive Plan (concurrency regulations) and to be consistent with Land Development Regulations, so long as the Owner constructs the Property in compliance with the City's Laws, Comprehensive Plan and Land Development Regulations in existence as of the Effective Date. 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. 11. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), RS., the City hereby fmds and declares that the Owners development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Opa-Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 12. 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 Plait 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 Agree Tent shall govern the development of the Property for the entire term of this Agreement unless terminated. Development of the Property as outlined herein shall not be subject to any future changes to the Laws of the City, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Tenn of this Agreement, except to the extent that Owner's 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. 13. 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. 14. 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 7 address a particular permit, condition, fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve 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. 15. Good Faith; Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the City's police power or actions of the City when acting in a quasi-judicial capacity. 16. 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: City Manager City of Opa Locka 780 Fisherman Street Opa Locka, Florida 33054 With a copy to: 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 If to the Developer at: DMA Holdings, LLC/AMDI USA, Inc., a Florida limited liability company 13050 NW 30th Ave. Opa Locka, FL 33054 With a copy to: Dunay Miskel Backman, LLC 14 SE 4th Street Suite 36 8 Boca Raton, FL 33432 Attn: Hope W. Calhoun, Esq. 17. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Owners/Owners and the City agree that Miami -Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and accordingly, this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate level. Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the teens 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 Owners shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims or litigation arising from this Agreement instituted by third parties. 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 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. 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 Clerk City Manager Dated: day of , 2021. Approved for form and legal sufficiency: City Attorney: 10 IDMA Holdings, LLC/AMDI USA, Inc., a WITNESS: Florida limited liability company Signature By: Name: Alex Orozco Title: Manager Print Name Signature Print Name STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument was acknowledged before me, by means of physical presence or online notarization, on this day of , 2021 Manager of IDMA Holdings, LLC, a Florida limited liability iabty company. He is: by Alex Orozco as personally known to me, or produced identification. Type of identification produced My Commission Expires: 11 Notary Public, State of Florida at Large Print Name Page 1 of S THE GREAT CITY" 6r9 // 4P ia6Uccaa tWordAp Received: By: Date: PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2019-2020 TOTAL FEES: S New Fees as of October 1, 2015 FY 2018-2019 Meetint Dates Date Application Found Sufficient 1st Tuesday of Each Month) October I , 2019 November 5, 2019 December 3, 2019 January 7, 2020 February 4, 2020 March 3, 2020 April 7, 2020 May S, 2020 June 2, 2020 July 7, 2020 August 4, 2020 September 8, 2020 August 16, 2019 September 20, 2019 October 18, 2019 November 22, 2019 December 20, 2019 January 17, 2020 February 21, 2020 March 20, 2020 April 18, 2020 May 22, 2020 June 19, 2020 July 24, 2020 I . All individuals seeking to appear before the Planning & Zoning Board must submit a complete Planning & Zoning Board application, with the required documents and fees totaling jas established by ordinance), paid by check or money order to the City of Opa-locka. Failure to submit all documents and fees will result in your case not being scheduled to be heard at a meeting. 2. If the applicant seeking to appear before the Planning & Zoning Board is not the property owner he must provide an affidavit of authorization from the property owner. 3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers, Meeting Time 7:00 P.M ulnae an.J location are srikccr to change, plcasr check wall the Pant" and Con2antras' Der eloh:+ncni Depar t:In:a feu• exact tune and 1,„pion if' the uteclings) 4. Application package must include all required documents per checklist and fees of The City of Opa-Iocka. The application will be reviewed by the Department and will be scheduled for the next P&Z meeting upon finding of sufficiency. 5. You are required to complete and return this application along with all the information and documentation (see page 2 check list) requested to the; City ofOpa-locka Planning & Community Development Department 780 Fishermen Street 415 floor Opa-locka, FL 33054 Telephone: 305-953-2868, Ext 1503 Facsimile: 305-953-3060 Reference iu Ordintanue 15-13 Land Dcselopnisnt ftejutuuun : Zoning C.nlc Ordii :in '5"-31 Page 2 of 5 " THE GREAT CITY " apapg©c aza Received: I3 -y:- - — -- Date: PLANNING & ZONING BOARD APPLICATION APPLICATION NUMBER: CHECK NUMBER: `S`i DATE RECEIVED: PROPERTY OWNER'S NAME: IDMA Holdings, LLC PROPERTY OWNER'S ADDRESS: 13050 NW 30th Ave, Opa-Locka, FL Number:Street City State/Zip Code APPLICANT'S NAME: AMDI USA, Inc. APl'LICANl's ADDRESS 13050 NW 30th Ave, Opa-Locka, FL Number Street City States Zip Code 305-200-4778 305-423-5805 PHONE NUMBER. OFFICE HOME OTHER SUBJECT PROPERTY ADDRESS: 13050 NW 30th Ave. Number:Street TAX FOLIO NUMBER: see attached PRESENT ZONING: 1-2 LEGAL DESCRIPTION: See attached Please check specific request' Tentative Plat Final Plat _Comprehensive Plan Amendment: Small S._ate. Large Sea:e (please specfv rype of amendment belou) Rezoning Drainage Plan Fill Permit Request _Preliminary Site Plan Review Final Site Plan Review _ Conditional Use Permit - No Plans _Conditional Use Permit - With Plans Special Exception - No Plans Special Exception - With Plans X Development Agreement Restrictive Covenant Other - Please specity Add any additional information that may be of importance to this request; Rerereni. a to Ordinance 15-13 Land Development Regulation.: Zoning Code Ordinance 15.31 Page 3 of 5 PLANNING & ZONING BOARD APPLICATION (Checklist) Received: By: Date: Applications will not be accepted without the following dntn. For a public hearing, all Items below are necessary and must bt+'submitted. Completed application form Application fee payable to the City of Opa-locks by check or money order Copy of property owner's andror applicant's driver licenseiphoto 1.D. Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized) A completed Neighborhood Petition form (attached) with the signature of each property owner in front, in the rear, to the left and to the right of the subject property, indicating his or her support for the proposed project. (Must include name, address, folio and phone number). All preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in Cad and PDF format. _ _Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches). (The submitted property su ;;v r.ao not exeecd a maximum (Wt () (2) years from duce created in order to be considered uccepiuble by the City of Opu-lacko) Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance; (size 36 x 24 & at least 7 Sealed Copies Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" - 100" scale. Owner's name, address, folio number and legal description on each parcel (Original 71 and 2 copies size of document to accommodate scale) _Narrative concept must be submitted with application AFFIDAVIT 1, t` 0W- 4p -i—r being first duly sworn, depose and say that 1 am the OWNER of the properly ,and 1 undo stand that this application must be complete and accurate before a public hearing can be advertised. f �s (# 7 ' Signature 130 '%30th Ave. Date Sworn to and subscribed before me' This _day of _fjw__4,] S Notary ulc Attach copy of identification Reference to Ordinance 13-13 1 (Mil Development Regulations? Zoning Code Ordinar_c 15- i i My commission expires LIII)23 Page 4 of PLANNING & ZONING BOARD APPLICATION POWER OF ATTORNEY Received: By: Date: This form is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning & Zoning Board unless a notarized copy of this Power of Attomey is submitted. To From City o f Opa-Iocka Subject. Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). 0 CO • , being first duly sworn, depose and say that I am the owner of the property legally described as! y I do give to 44 ee Ca \ , the power of Attorney and authority to speak in my behalf in reference to the above t,lescribed property. Further, by affixing my notarized signature to this document, I also authorize CC}J jtdc[R S to negotiate and coittmit to the City Commission and City Administratio m my`¢}ehalf j, wilRabide by all final determinations of the City Commission and City Administration. Signature v fit)(1 t:2 -e) Date Sworn to and subscribed before me: This r day off 34j X020 Notary. Reference to Ordinance 15-13 Land fl etopinent R:gutuuons' Zoning Coda Ordinance 15.31 My commission expires: Lib b /2 WHANKS J consulting (5 engineers, inc. April 6, 2020 Gregory Gay, Director Planning and Community Development Department City of Opa Locka 780 Fisherman Street, 4th Floor Opa-Locka, FL 33054 RE: AMDI USA Inc. 13050 NW 30th Ave, Opa-Locka, FL Job No. 18-0201 Mr. Gay: The limited space on the application prevents the entirety of the legal description and all property control numbers from being reflected on the application. Please refer to the following complete legal description and property control numbers for this application. Legal Description Lots 1, 2, 3, 4, 5 and 8, Block 360 "East View Garden Lake Addition" according to the plat thereof as recorded in Plat Book 51, Page 17, Public Records of Miami -Dade County, Florida. TOGETHER WITH The West TA of Tract 21, "NILE GARDENS, Section 1 and 2" according to the plat thereof as recorded in Plat Book 31, Page 42, Public Records of Miami -Dade County, Florida. TOGETHER WITH The North 70 feet of the South 95 feet of the East 107.675 feet of Tract 20, "NILE GARDENS Section 1 and 2", according to the plat thereof as recorded in Plat Book 31, Page 42, Public Records of Miami -Dade County Florida Tax Folio Numbers 1. 08-2128-002-0020 2. 08-2128-002-0030 3. 08.2128-002-0040 4. 08-2128-002-0050 5. 08-2128-002-0060 6. 08-2128-002-0090 7. 08-2128-004-0380 8. 08-2128-004-0330 Regards, Glen A. Hanks, P.E. Senior Professional 7522 wiles rd., ste 203-B, coral springs, fl. 33067 phone: 954-752-8860 fax: 954-752-8969 EB#25034 1 Iry 0620-001-60-362-00 ALEX A cutc2 co w5vpma Ave DOS **424 109 #X $ T..CON ONki Record and Return to: (enclose self-addressed stamped envelope) Hope W. Calhoun, Esq. 14SE4thStreet Suite 36 Boca Raton, FL 33432 This Instrument Prepared by: Hope W. Calhoun, Esq. 14 SE 4th Street Suite 36 Boca Raton, FL 33432 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA, FLORIDA AND IDMA HOLDINGS, LLC THIS DEVELOPMENT AGREEMENT ("Agreement") is made, and entered into this day of 2020 ("Execution Date") by and between IDMA Holdings, LLC, a Florida limited liability company ("Owner") with a mailing address of 13050 NW 30th Avenue, Opa Locka FL 33054 and the City of Opa-Locka, a municipal corporation of State of Florida ("City"), with a mailing address of 780 Fisherman Street, Opa Locka, FL 33054 WITNESSETH: WHEREAS, the Owner is the fee simple owner of approximately 3.82 acres of land located at 13050 NW 30th Avenue Opa-Locka, FL 33054, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 082120020020, 08210020030, 082120020090, 082120020050, and 082120020060 (the "Property"), the legal descriptions of which is attached hereto and made a part hereof as Exhibit "A"; and WHEREAS, the Owner acquired ownership of the Property with an existing concrete and batching plant located there upon ("Project") WHEREAS, the City Commission, on , 2021 adopted Resolution numbers approving a site plan amendment, a plat, a special exception, and assorted variances ("Applications") for the Business; and WHEREAS, according to Sections I63.3220 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. , adopted on , authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below, and Owner is authorized to execute this Agreement upon the terms and conditions set forth below. NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth, the Owners and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. a. "Additional Term" 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, IDMA Holdings, LLC, a Florida limited liability company and/or any of its respective successors, assigns, or heirs thereof. f. Development" means the carrying out of any building activity, the making of any material change in the use or appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), F.S. 1 g. 'Development Permit" includes any building permit, zoning or subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. h. "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami -Dade County, i. "Entire Term" is the total term of this Agreement, combining the Initial Term (thirty (30) years) and the Additional Term, as defined herein j. "Execution Date" is the date that all parties have affixed their signatures to this Agreement. k. "Project Site Plan" is the Site Plan amendment approved by the City Commission via Resolution No. for the existing batch and concrete plant currently existing on the Property. 1. "Goveming Body" means the City of Opa-Locka's City Commission or successor entity. m. "Initial Term" is thirty (30) years commencing on the Effective Date. n. "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. o. "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 1,ociil government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development of or construction upon land effect as of the Effective Date. p. "Laws" means all ordinances, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date, including Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the Resolution Number . q. "Project" is the existing hatching and concrete plant as described by the AMDI site plan amendment. r. "Property" means the approximately 3.2 acre parcel of land located at 13050 NW 30th Avenue Opa-Locka, FL 33054,and identified by Miami - Dade County Tax Folio Nos 082120020020, 08210020030, 082120020090, 082120020050, and 082120020060, the legal descriptions of which is attached hereto and made a part hereof as Exhibit "A." s. "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. t. "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number approving the Applications for the Project. 3 4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed and implemented as a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163,3243, F.S., ("Act"), in compliance with section 4.16 of the City of Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Owner, the Agreement with the clerk of the Circuit Court for Miami -Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, P.S., the City, and the Owners/Owners shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6.Term of Agreement and Binding Effect. This Agreement shall run with the land, remain in full force and effect, and be binding on all parties (including the Owner) and all persons claiming under it for an Initial Term of thirty (30) years from the Effective Date, and may be extended for one or more Additional Tenn(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 tennination shall be required by Other 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 le binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and/or assigns. 7.Upon the expiration or termination of this Agreement the Property shall be subject to all then applicable land use terms and regulations of the City. 8. 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 Site Plan Amendment. Such items include but are not specifically limited 4 to design of all physical structures, water bodies, private and public improvements. e. Owner shall submit annual reports and additional documentation to the City as required by the Resolution to verify continuing compliance with the Resolution. f. Owner shall strive to employ qualified residents from the City of Opa Locka to work at the Property (prior to and after construction). In order to accomplish this task, the Owner shall coordinate with the Career Source of South Florida office, located in the City. g. Owner shall also encourage all contractors and subcontracts to employ Opa-Locka residents through the assistance of the Career Source South Florida office. All trash and garbage containers shall comply with all city dumpster enclosure requirements. h. Parking and weigh scale 9. Development Permits. In accordance with Section 163.3227(t), F.S., the City may need to approve the following additional development permits upon proper submission of all requirements, and City review or inspections, in order for the Owner to develop the Project: (a) Modifications to existing approvals and permits, including the Site Plan Amendment (b) Water, sewer, paving and drainage permits (c) Building permits (d) Sign permits (f) Certificates of use and occupancy (g) Any other official action of the City and/or Miami -Dade County, Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of Property. (h) Any liens, fees, code violations or unpaid assessments shall be satisfied prior to the execution of this agreement. 10. Public Services and Facilities; Concurrence. 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 by the Applications. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan, specifically including but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For the purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property. All development orders or permits sought to be issued for the Project pursuant to this Agreement are hereby found to meet 5 concurrency standards set forth in the Comprehensive Plan (concurrency regulations) and to be consistent with Land Development Regulations, so long as the Owner constructs the Property in compliance with the City's Laws, Comprehensive Plan and Land Development Regulations in existence as of the Effective Date. 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. 11. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), RS., the City hereby finds and declares that the Owners development of the Project on the Property complies with the Laws, ordinances, regulations and policies of the City of Opa-Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 12. 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 Plait 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 Agree Tent shall govern the development of the Property for the entire term of this Agreement unless terminated. Development of the Property as outlined herein shall not be subject to any future changes to the Laws of the City, including the City's Land Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement, except to the extent that Owner's 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. 13. 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. 14. 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 continence development. The Owner and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term or restriction in effect on the 6 Effective Date of this Agreement shall not relieve 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. 15. Good Faith; Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the City's police power or actions of the City when acting in a quasi-judicial capacity. 16. 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: City Manager City of Opa Locka 780 Fisherman Street Opa Locka, Florida 33054 City Attorney City of Opa Locka 780 Fisherman Street Opa Locka, Florida 33054 If to the Developer at: IDMA Holdings, LLC, a Florida limited liability company 13050 NW 30'h Ave. Opa Locka, FL 33054 With a copy to: Dunay Miskel Backman, LLC 14 SE 4`h Street Suite 36 Boca Raton, FL 33432 Attn: Hope W. Calhoun, Esq. 7 17. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Owners/Owners and the City agree that Miami -Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and accordingly, this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate level. Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws. 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 Owners shall indemnify and hold harmless the City, its elected and appointed officials, employees, agents and assigns from and against any claims or litigation arising from this Agreement instituted by third parties. 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 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. 8 IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. CITY: CITY OF OPA-LOCKA FLORIDA ATTEST: By: City Clerk City Manager Dated: day of , 2020. Approved for form and legal sufficiency: City Attorney: 9 IDMA Holdings, LLC, a Florida limited liability company WITNESS: Signature Print Name Signature Print Name STATE OF FLORIDA COUNTY OF MIAMI-DADE) By: Name: Alex Orozco Title: Manager The foregoing instrument was acknowledged before me, by means of physical presence or online notarization, on this day of , 2020 by Alex Orozco as Manager of IDMA Holdings, LLC, a Florida limited liability company. He is: personally known to me, or produced identification. Type of identification produced My Commission Expires: 10 Notary Public, State of Florida at Large Print Name 4754 USA CONCRETE PAY TO BOER O E City of Opa Locka Three Thousand Five Hund.-ed and 00/100* *****"****** ************** ** ** ********************** ******* ** *** ** ***********, ANIDI USA INC. 13050 NW 30th AVENUE OPA LOCKA. FL 33054 305.200.4778 Bank of America.�.� ... 63.27/631 A CH WT 0113100277 08/05/2020 MEMO City of Opa Locka 780 Fisherman St Suite 120 Opa Locka, Fl 33054 Development Agreeement Application AMDI USA INC. 8 CD AM MO r0047S40 •:06 3 L00 2 ??': 8980637797260 City of Opa Locka 61000 Business Licenses and Permits Development Agreeement Application 4754 08/05/2020 $ *"3,500 .00 RE i DOLLARS 3,500.00 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. Wage II INVOCATION AND PLEDGE: Prayer was led by Board Member Tydus and the Pledge of Allegiance was stated a er t e 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 3IPage 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 1-2 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 41 Page 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 Yes Claudienne Hibbert Yes Dawn Mangham Yes Elio Guerrero Yes Rose Tydus Yes 51Page 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 1-2 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 132N. STREET, LLC 3805 NW 132., STREET, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 3805 NW 132N° 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 132m, STREET, AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE. Bala/Applicant: I don't have a presentation. However; this will take place in an enclosed warehouse Chairman Guerrero: What is the use? Bala/Applicant: 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 Claudienne Hibbert Dawn Mangham Elio Guerrero Rose Tydus Yes Yes Yes Yes N/A (Audio Issues) 7IPage 6. APPLICANT NAME: ARMANDO DE LEON P.O. BOX 160938 HIALEAH, FL 33016 PROPERTY OWNER : 3805 NW 132M STREET, LLC 3805 NW 132" STREET, OPA-LOCKA, FL 33054 PROPERTY ADDRESS: 3805 NW 132N. 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 Claudienne Hibbert Dawn Mangham Elio Guerrero Rose Tydus Yes Yes Yes Yes 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 132N. 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 1-3 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 Chairman Guerrero: Any questions board members for the applicant? *No questions but there was one Public Comment. 91Page (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 *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. 10IPage STAFF UPDATE VI ADJOURNMENT Chairman Elio Guerrero adjourned the meeting. Submitted by Kinshannta Hall Planning & Zoning Clerk ATTEST: Elio Guerrero Chairman 111 Page