HomeMy Public PortalAbout22-9975 Approving the Re-application Request of 3805 NW 132 StreetSponsored by: City Manager
RESOLUTION NO. 22-9975
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE RE-
APPLICATION REQUEST OF 3805 NW 132 STREET, LLC.
TO REZONE PROPERTY LOCATED AT 3805 NW 132ND
STREET, OPA-LOCKA, FLORIDA, IDENTIFIED BY
FOLIO #08-2129-010-0090 FROM THE I-3 ZONING
DISTRICT TO THE I-2 ZONING DISTRICT AS
PERMITTED BY SECTION 22-49(P) THE CITY'S LAND
DEVELOPMENT REGULATIONS PERTAINING TO
RECONSIDERATION OF A PREVIOUSLY DENIED
APPLICATION; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on May 26, 2021, the applicant, 3805 NW 132 STREET, LLC requested
site plan review approval which was granted by the City Commission of the City of Opa-
locka, pursuant to Resolution 21-9867 for the property located at 3805 NW 132ND Street,
within the City of Opa-Locka ("City"). Development Agreement approval was also
granted for said property pursuant to Resolution 21-3868 on May 26, 2021; and
WHEREAS, 3805 NW 132 Street, LLC's request for rezoning of the property from
I-3 to I-2 was denied by the City Commission on May 26, 2021; and
WHEREAS, pursuant to the City's Land Development Regulations, Ordinance 15-
31, Section 22-49(P) provides that, "if a development application is denied by the City
Commission on its merits, no application substantially requesting the same relief with
respect to all or part of the same property shall be considered by the City within 12
months after the date of such denial."; and
WHEREAS, Section 22-49 (P) further provides that, "The re -application
requirement may be waived by a majority vote of the City Commission" without waiting
12 months from the date of the City Commission denial; and
WHEREAS, the applicant, 3805 NW 132 Street, LLC is requesting reconsideration
of the zoning designation from I-3 to I-2 in accordance with City's Land Development
Regulations; and
WHEREAS, the City Commission, pursuant to Section 22-49 (P) of the City's
Land Development Regulations (Ordinance 15-31) hereby authorizes, by majority vote,
the reconsideration application for the subject property.
Resolution No. 22-9975
NOW THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. Recitals Adopted. That the above stated recitals are hereby
adopted and confirmed as being true, and the same is hereby incorporated as part of
this Resolution.
Section 2. Authorization. The City Commission hereby authorizes
reapplication request of 3805 NW 132nd Street, LLC to rezone the property located at 3805
NW 132nd Street from the I-3 zoning district to I-2 zoning district as permitted by the City
of Opa-locka's Land Development Regulations, Section 22-49 (P).
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, after review by the City Attorney, without need of
public hearing, by filing a corrected copy of same with the City Clerk.
Section 5. Effective Date. This Resolution shall take effect immediately
upon adoption.
PASSED and ADOPTED this 13th day of April 2022.
Veronica J. Williams, Mayor
ATTEST:
Joa j a Flores, City Clerk
2
Resolution No. 22-9975
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris- ' eeks, P.A.
Moved by: Commissioner Bass
Seconded by: Commissioner Davis
VOTE:
4-1
Commissioner Dominguez NO
Commissioner Bass YES
Commissioner Davis YES
Commissioner Taylor YES
Mayor Williams YES
3
City of Opa-locka
Agenda Cover Memo
Interim
Department
Director:
Gerald Lee
Interim
Department
Director
Signature:
Manager: City
Darvin Williams
CM Signature
taid, .
Commission
Meeting
Date:
April 13, 2022
Item Type:
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Resolution
,44-
Ordinance
Other
X
Fiscal
Impact:
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Yes
No
Resolution Reading:
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1st Reading
2nd Reading
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Public Hearing:
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See Financial
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item will address)
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mi
is
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1111
MI
Sponsor
Name
City Manager
Department:Planning & Community
Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
APPROVING THE RE -APPLICATION (RECONSIDERATION) OF THE ZONING
DESIGNATION CHANGE (REZONING) REQUEST FROM I-3 TO I-2 SUBMITTED BY
ARMANDO DELEON C/O HOPE CALHOUN, ESQUIRE FOR THE PROPERTY AT 3805 NW
132ND STREET, OPA-LOCKA, FLORIDA 33054 AND IDENTIFIED BY FOLIO 08-2129-010-
0090 IN ACCORDANCE WITH THE LAND DEVELOPMENT REGULATION, SECTION 22-
49 (P) WHICH OUTLINES THE CIRCUMSTANCES UNDER WHICH A PREVIOUSLY
DENIED APPLICATION CAN BE RECONSIDERED; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The applicant, 3805 NW 132nd Street, LLC submitted three requests to Planning & Community
Development Department Staff for review and approval consideration: (1) Site Plan Review (2)
Zoning Designation Change Review and (3) Development Agreement Review. The Planning &
Zoning Board reviewed and recommended approval of the three requests on November 17, 2020.
The City Commission reviewed and approved the Site Plan by Resolution 21-9867 and the
Development Agreement by Resolution 21-9868 on May26, 2021. The request for zoning
designation change from I-3 to 1-2 was denied by the City Commission. The applicant is
requesting reconsideration to be able to re -apply in accordance with the Land Development
Regulations, Ordinance 15-31, Section 22-49 (P) that the 12 month wait can be waived by a
majority vote approval of the City Commission of this re -application request.
Financial Impact
There is no financial impact for the approval of this reconsideration request.
Proposed Action:
The Planning & Community Development Department Recommends Approval.
Attachment:
DRAFT Resolution
Applicant Reconsideration Letter
Resolution 21-9867
Resolution 21-9868
January 14.2022
Gary Dunay Dwayne Dickerson Lauren G. Odom
Bonnie Miskel Ele Zachariades Nicole Jaeger
Scott Backman Matthew H. Scott Rachael Bond Palmer
Eric Coffman Matthew Kwasman
Hope Calhoun Christina Bilenki
Sent via email: jpate@opalockafl.gov
Mr. John Pate, City Manager
City of Opa-Locka
780 Fisherman Street
Opa Locka, FL 33054
Re: Reconsideration of Rezoning Application for Property located at
3805 NW 132nd Street ("Property")
Dear Mr. Pate:
I am land use counsel for Mr. Armando DeLeon who is the owner of the
Property. On May 26, 2021, the City Commission ("Commission") of the City of
Opa Locka considered a request to rezone the Property from I-3 to I-4 and denied
same. Accordingly, we are hereby requesting the reconsideration of same by the
Commission. According to the City of Opa Locka Land Development Regulations
("Regulations"), an applicant may request reconsideration of an application that has
been denied. Specifically, Section 22-49(P) of the Regulations outline the
circumstances under which a previously denied application can be reconsidered.
To that end, and as outlined in Subsection (P) of the Regulations, this
correspondence serves as request to place an item on the agenda to reconsider the
previously denied rezoning request. In addition to responding to this
correspondence can you please advise what the re application fee is.
Thank you for your time and attention. Please do not hesitate to contact me
with any comments or questions.
Sincerely,
Hope Calhoun
CC: Armando DeLeon, aflinc@aol.com
Gregory Gay, Director, ggay@opalockafl.gov
Burnadette Norris -Weeks, City Attorney, cityattorney@opalockafl.gov
14 S.E. 4th Street, Suite 36, Boca Raton, FL 33432: Tel: (561) 405-3300 i Fax: (561) 409-2341 www.dmbblaw.com
Sponsored by: City Manager
RESOLUTION NO. 21-9867
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
FINAL SITE PLAN FOR THE CONSTRUCTION AND
OPERATION OF A CONSTRUCTION AND
DEMOLITION WASTE PROCESSING FACILITY ON
THE PROPERTY LOCATED AT 3805 NW 132ND STREET
IDENTIFIED BY FOLIO 08-2129-010-0090, IN THE 1-3
ZONING DISTRICT; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to the Code of Ordinances of the City of Opa-Locka and the
City of Opa-Locka's Land Development Regulations, Ordinance 15=31 -,--the City
Commission has the power to approve, approve with conditions or deny any site plan
review request; and
WHEREAS, 3805 NW 132 Street, LLC ("Applicant"), owner of the subject property
located at 3805 NW 132nd Street, Opa-Locka, Florida 33054, requests final site plan
review and approval in order to allow the operation of a Construction and Demolition (C
& D) Material Resource Facility (MRF) at the subject property; and
WHEREAS, the Applicant desires to construct a construction waste processing
facility which will contain a new 50,160 square foot warehouse and a 300 square foot scale
house at NW 37th Avenue; and
WHEREAS, the 198,198 square foot property is bounded by NW 37th Avenue to
the west, by NW 132nd Street to the south, by a C & D MRF to the north, and by railroad
tracks to the east. The entire property is fenced, with controlled access; and
WHEREAS, the proposed facility will receive, segregate, compact, store and load
out C & D material. Companies and vendors will deliver C & D material to the facility
using trucks. The proposed facility will also pick up the material from local areas; and
WHEREAS, the proposed facility will not accept unacceptable waste including
Class I (garbage), infectious waste and hazardous waste; and
WHEREAS, construction waste is generated from construction building and
demolition activities consisting of concrete, tiles, bricks, drywall, asphalt, plastics, C & D
materials, wood, rocks and more. These construction waste materials are often inert and
non -biodegradable, heavy, bulky and overload landfills. Construction waste recycling
and management involves the process and separation of salvaging the recoverable waste
Resolution No. 21-9867
materials for recycling and reuse. The proposed facility is designed to accept
approximately 1,500 cubic yards of material per day; and
WHEREAS, 3805 NW 132 Street, LLC presented their formal application request,
all evidence, documents, and marked exhibits before the Planning & Zoning Board on
November 17, 2020 and the Planning & Zoning Board recommended approval of the Site
Plan by a 5 to 0 vote, pursuant to the City Code of Ordinance and the City Zoning
Regulations; and
WHEREAS, a copy of the Site Plan is attached hereto as Exhibit A.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS.
The above recitals are true and correct and are incorporated into this Resolution
by reference.
SECTION 2. APPROVAL
Approval of Final Site Plan Approval. The City Commission of the City of Opa-
Locka hereby approves the request for the final site plan approval by 3805 NW 132
Street, LLC. for the construction and demolition waste processing facility on the
property located at 3805 NW 132 Street identified by folio 08-2129-010-0090, in the
I-3 zoning district.
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.
Resolution No. 21-9867
PASSED AND ADOPTED this 26th day of May, 2021.
Matthew A. Pigatt, Mayor
ATTEST:
a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
614410
1
Nor P.A.
Burnadette No
City Attorney
Moved by: Commissioner Davis
Seconded by: Vice Mayor Williams
VOTE: 3-2
Commissioner Taylor YES
Commissioner Burke NO
Commissioner Davis YES
Vice -Mayor Williams NO
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
,
Finance Director.
FD Signature:
Department
City Manager:
John E. Pate
CM Signature:
Commission Meeting
Date:
4-28-21
Item Type:
(Enter X in boa)
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r ' a ce
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Reading
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ED
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Obj,/Strategy: (list the specific
objective/strategy this item mill
address)
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IN
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City ImagCJ
iii
Sponsor Name
City
Manager
Department: Planning &
Community
Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
RECOMMENDING FINAL SITE PLAN APPROVAL FOR THE CONSTRUCTION AND OPERATION
OF A CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY ON THE PROPERTY
LOCATED AT 3805 NW 132 STREET IDENTIFIED BY FOLIO 08-2129-010-0090, IN THE I-3 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Applicant requests final site plan review and approval in order to allow the operation of a
Construction and Demolition (C & D) Material Resource Facility (NIRF) at the subject property. The 198,198
square foot property is bounded by NW 37th Avenue to the west, by NW 132nd Street to the south, by a
C & D MRF to the north, and by railroad tracks to the east. The entire property is fenced, with controlled
access. The applicant wishes to construct a construction waste processing facility which will contain a new
50,160 square foot warehouse and a 300 square foot scale house at NW 37th Avenue
BACKGROUND
The proposed facility will receive, segregate, compact, store and load out C & D material. Companies and
vendors will deliver C & D material to the facility using trucks. The proposed facility will also pick-up the
material from local areas. The proposed facility will not accept unacceptable waste including Class I
(garbage), infectious waste and hazardous waste. Construction waste is generated from construction
building and demolition activities consisting of concrete, tiles, bricks, drywall, asphalt, plastics, C & D
materials, wood, rocks and more. These construction waste materials are often inert and non -
biodegradable, heavy, bulky and overload landfills. Construction waste recycling and management
involves the process and separation of salvaging the recoverable waste materials for recycling and reuse.
The proposed facility is designed to accept approximately 1,500 cubic yards of material per day.
The scope of the C & D material processing is described below:
• Delivery vehicles enter the facility from NW 132nd Street. The proposed facility personnel
visually inspect the incoming material, weigh the material on a stationary scale and sort the
incoming material into categories inside the Storage/Processing Area in an enclosed
building. After unloading and collecting payment, the delivery vehicles exit the facility.
• The recyclable materials are separated and containerized and taken off -site in trucks.
• The remaining sorted material.
All storage/processing operations will be conducted inside an enclosed building.
Proposed Action:
Staff recommend approval of this Site Plan. The City Commission shall use the following criteria in
making their decision regarding approval or disapproval of a site plan application pending the following
other approvals :
• The development permitted by the application, if granted, conforms to the Comprehensive
Plan; is consistent with applicable area or neighborhood studies or plans, and would serve a
public benefit warranting the granting of the application at the time it is considered.
• The development permitted by the application, if granted, will have a favorable or
unfavorable impact on the economy of the City.
• The development permitted by the application, if granted, will efficiently use or not unduly
burden water, sewer, solid waste disposal, recreation, education or other necessary public
facilities which have been constructed or planned and budgeted for construction.
• The development permitted by the application, if granted, will efficiently use or not unduly
burden or affect public transportation facilities, including mass transit, roads, streets and
highways which have been constructed or planned and budgeted for construction, and if the
development is or will be accessible by public or private roads, streets or highways.
• All signage shall comply with the City's Sign Code Ordinance no. 15-31 Article X;
• All landscaping and parking areas must be provided and maintained as shown in the
Construction and Demolition (C & D) Material Resource Facility (MRF) Site Plan;
• Trees to be planted 25' avg. oc.;
■ Adequate landscape buffer around parking area;
■ Maintain 100% the use, function, or any recommendation the Planning and Zoning Board
deem necessary to this Construction and Demolition (C & D) Material Resource Facility
(MRF) site plan and or not limited to the provision of satisfying all other city's land
development code pertaining to the site, landscape and structures;
• All trash & garbage containers shall comply with the City dumpster enclosure requirements;
■ Address all Miami -Dade County's input/ recommendations as appropriate.
Attachment:
Site Plan Staff Report
Site Plan
Site Plan Resolution 11-17-20
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.comluser/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.
II INVOCATION AND PLEDGE: Prayer was led by Board Member Tydus and the Pledge of
Allegiance was stated after the Prayer.
III APPROVAL OF MINUTES: Discussion of Minutes from September 8, 2020 Meeting
Chairman Elio Guerrero asked if a motion could be made to have the minutes approved from
September 8, 2020 meeting.
Board Member Rose Tydus made a motion to approve the minutes. Board Member Dawn
Mangham second the motion.
There being no discussion, the motion passed by a 5-0.
Germane Barnes Yes
Elio Guerrero Yes
Claudienne Hibbert Yes
Dawn Mangham Yes
Rose Tydus Yes
IV. PUBLIC HEARING:
1. APPLICANT NAME: ADMI USA, INC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY OWNER : IDMA HOLDINGS, LLC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING VARIANCE REQUEST APPROVAL FOR THE
OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE
PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th
Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002-
0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08-
2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Gay: Items one through four are companion items. As it relates to this project application
they will be doing a presentation for all four items. This site has been long used as an industrial
site. The four items are before you deal with variance, special exception of the site plan,
Wage
tentative plat which was requested by Miami -Dade County for the site to be replatted and the
fourth item is the developer agreement for the approval of the concrete batching plant. This
application it to update and correct the issues that have occurred at this site for a number of
years. The concrete batching plant is already on the site and is already operational. As a part of
the update a variance information have been applied for a variance to have a public record to
show that they went through the process for the concrete batching plant to operate.
*Attorney Hope Calhoun on behalf of the applicant "ADMI USA, INC" came before the
Planning Zoning Board to present their project via zoom with a power point presentation for
items 1-4 on the agenda.
Attorney Calhoun: This batching plant owned and operated by my client has been in operation
for more than 15 years. It's before you now because we have a new client. My client purchased it
and just want to make sure it's operating and consistent with the current city code. As a result we
have the four applications before you. A special exception is required which is item number 2 on
your agenda. Item one is listed a variance request. We have four items: Variance, Special
Exception, tentative Plat unifying 8 parcels(verify all of the parcels outlined in 1 cohesive plat
and item four the developer agreement. They are all companion items. We have a few variances
to reconsider. The dimensions are mentioned. We need variances to make it in compliance with
the code. Are there any questions?
Board Member Barnes: Prior history of what operated on this site?
Chairman Guerrero: It's in compliance?
Mr. Lee: The zoning district allows this use. They are not in conflict. The variance addresses the
items the Attorney already presented. The reason we are suggesting approval the items were
already on the property. They are complying and they are just updating the process that should
have been addressed. Staff recommends approval.
Public Comments: "No questions were asked from the Public. Public Comments are closed.
Board Member Barnes made a motion to approve item 1 based upon contingent exhibit "A".
Board member Mangham second.
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Claudienne Hibbert N/A (Audio Issues)
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
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 I-2 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lee: Special Exception/Staff recommends approval.
Board Member Barnes make a motion to approve item 2 based upon contingent to "Exhibit A".
Board member Tydus second the motion.
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Claudienne Hibbert N/A (Audio Issues)
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
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
Claudienne Hibbert
Dawn Mangham
Elio Guerrero
Rose Tydus
Yes
Yes
Yes
Yes
Yes
5IPage
4. APPLICANT NAME: ADMI USA, INC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY OWNER : IDMA HOLDINGS, LLC
13050 NW 30th Avenue,
OPA-LOCICA, FL 33054
PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR
THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE
PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th
Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002-
0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08-
2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lee: Development Agreement/Staff recommends approval.
Board member Tydus moved to approve item "4" and Board member Barnes second the motion.
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Claudienne Hibbert N/A (Audio Issues)
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
61 Page
5. APPLICANT NAME:
PROPERTY OWNER :
PROPERTY ADDRESS:
ARMANDO DE LEON
P.O. BOX 160938
HIALEAH, FL 33016
3805 NW 132" STREET, LLC
3805 NW 132» STREET,
OPA-LOCKA, FL 33054
3805 NW 132» STREET, OPA-LOCKA, FL 33054
REQUEST:
AN ORDINANCE OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING REZONING REQUEST APPROVAL FOR THE
OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL RESOURCE
FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132" STREET, AND
IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT; PROVIDING
FOR AN EFFECTIVE DATE.
Bala: I don't have a presentation. However; this will take place in an enclosed warehouse
Chairman Guerrero: What is the use?
Bala: A truck parking facility.
Mr. Delaine does a presentation and speaks that they meet the criteria and requirements.
Mr. Delaine: Rezoning request/Staff recommends approval.
Board member Mangham makes a motion to approve item "5". Board member Barnes second the
motion.
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Claudienne Hibbert Yes
Dawn Mangham Yes
Elio Guerrero Yes
71 Page
Rose Tydus N/A (Audio Issues)
6. APPLICANT NAME: ARMANDO DE LEON
P.O. BOX 160938
HIALEAH, FL 33016
PROPERTY OWNER: 3805 NW 132►. STREET, LLC
3805 NW 132"" STREET,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 3805 NW 132"" STREET, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING SITE PLAN REVIEW REQUEST APPROVAL FOR
THE OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL
RESOURCE FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132"" STREET,
AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Delaine: Site Plan approval/Staff recommends approval.
Board member Mangham makes a motion to approve item "6". Board member Barnes second the
motion.
There being no discussion, the motion passed by a 5-0.
Germane Barnes Yes
Claudienne Hibbert Yes
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
81Page
7. APPLICANT NAME:
PROPERTY OWNER :
PROPERTY ADDRESS:
ARMANDO DE LEON
P.O. BOX 160938
HIALEAH, FL 33016
3805 NW 132N STREET, LLC
3805 NW 132" STREET,
OPA-LOCKA, FL 33054
3805 NW 132" STREET, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR
THE OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL
RESOURCE FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132" STREET,
AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE 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 No
Claudienne Hibbert Yes
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
91Page
Chairman Guerrero: Any questions board members for the applicant?
(There was 1 Public Comment) Listed Below:
Subject: C and D Resource Facility planned for 3805 NW 132nd Street
My name is Larry Olesky. I am the owner of 13195 NW 38th Avenue. The property to the south
of the above subject property. I have the following questions and concerns about the effects of
the Operations of A, C and D to the neighboring properties.
What type of construction material will be processed and how will it be processed?
Will the material be asbestos free and how will this be monitored?
Will the material be lead free and how will this be monitored?
Will the process be compacting, compressing and/or pulverizing?
Will the process be noisy?
Will the process pollute the air and ground water with dust?
What tonnage do you anticipate processing in a year?
What will be the effects on local traffic?
A major concern is the erosion and flooding of 38th Avenue directly in front of my property and
the only entrance and exit to the 3805 property. When this area floods (which is often), getting
in and out of this area is extremely dangerous. It is common to see abandoned cars sitting in
the street that has been flooded.
Any zoning approvals for this area should be directly tied to Road and Sewer Repairs prior to
increased industrialization.
This proposed process will require daily, multiple trucks bringing material to the site and
multiple trucks leaving the facility with the processed material.
I would appreciate my concerns and recommendations being considered for the sake, safety and
respect of the neighborhood.
Thank you for your consideration, Larry Olesky
10I Page
*Bala/Applicant: The applicant spoke on all of the questions and stated on the
record that this project would not bring conflict to any businesses. They will follow
guidelines and be in compliance.
STAFF UPDATE
VI ADJOURNMENT
Chairman Elio Guerrero adjourned the meeting.
Submitted by
Kinshannta Hall
Planning & Zoning Clerk
ATTEST:
Elio Guerrero
Chairman
11IPage
Level 1 Traffic Study
Recycling Facility at Opa-Locka
3805 NW 132nd Street
Opa-Locka, Florida
Richard Garcia & Associates, Inc.
May 17th, 2021
[Ita
RICHARD GARCIA & ASSOCIATES, INC.
Recycling Facility at Opa-Locka Level 1 Traffic Study
Engineer's Certification
I, Richard Garcia, P.E. # 54886, certify that I currently hold an active Professional
Engineers License in the State of Florida and am competent through education
and experience to provide engineering services in the civil and traffic engineering
disciplines contained in this report. In addition, the firm Richard Garcia &
Associates, Inc. holds a Certificate of Authorization # 9592 in the State of Florida.
further certify that this report was prepared by me or under my responsible charge
as defined in Chapter 61G15-18.001 F.A.C. and that all statements, conclusions and
recommendations made herein are true and correct to the best of my knowledge
and ability.
PROJECT DESCRIPTION: Recycling Facility at Opa-Locka -
Level 1 Traffic Study
PROJECT LOCATION: 3805 NW 132nd Street
Opa-Locka, Florida
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Florida Registration No. 548
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imil1
Page ii
Recycling Facility at Opa-Locka Level 1 Traffic Study
TABLE OF CONTENTS
Engineer's Certification ii
Executive Summary 1
Introduction 2
Project Location / Description 2
Project Traffic 4
Trip Generation 4
Trip Distribution 5
Conclusion 8
LIST OF FIGURES
Figure 1: Location Map 2
Figure 2: Site Plan 3
Figure 3: TAZ Map 5
Figure 4: Driveway Trips - AM & PM Peak Hour 7
LIST OF TABLES
Table 1: Trip Generation - AM Peak Hour 4
Table 2: Trip Generation - PM Peak Hour 4
Table 3: Directional Trip Distribution Percentages 6
Table 4: Directional Trip Distribution 6
APPENDICES
Appendix 1: Trip Generation
Appendix 2: Trip Distribution & Driveway Trips
[KA RICHARD GARCIA & ASSOCIATES, INC. Page iii
Recycling Facility at Opa-Locka Level 1 Traffic Study
Executive Summary
The objective of this report is to evaluate the trip generation associated with the
subject project. As such, a trip generation analysis was performed for a typical
weekday AM and PM peak hour (i.e. Adjacent Street Traffic). Lastly, this report
follows the Miami -Dade County Traffic Impact Study Standard methodology (Level
1).
The subject site is located on the northeast corner of NW 42/37 Avenue Connector
and NW 132nd Street in the City of Opa-Locka, Florida. This site currently has a truck
equipment repair facility with an administrative office that will remain as part of the
proposed project. The proposed project consists of a recycling facility (general
light industrial) with 43,904 square feet. This project build -out year is slated for 2022.
Moreover, the subject project will maintain the two (2) existing driveways on NW
132nd Street. The east driveway will operate as the entrance while the west
driveway will be exit only.
The trip generation analysis was performed consistent with the methodology
described in the Institute of Transportation Engineers (ITE) Trip Generation
Handbook, 3rd Edition while the trip generation characteristics were obtained from
ITE's Trip Generation Manual, 10th Edition. ITE's Land Use 110, as identified by the
Institute of Transportation Engineers (ITE), most closely resembles the proposed
project. The trip generation analysis was performed for a typical AM and PM peak
hour (i.e. Adjacent Street Traffic).
As a result, the trip generation calculations yielded 31 gross external trips (27 trips -in
& 4 trips -out) during the AM peak hour and 28 gross external trips (4 trips -in & 24
trips -out) during the PM peak hour. The gross external peak hour trips were
distributed consistent with the directional trip distribution percentages for the
project's Traffic Analysis Zone (TAZ) 273 as assigned by the Transportation Planning
Organization (TPO) on the Miami -Dade Long Range Transportation Plan (2045 LRTP)
Directional Trip Distribution Report, September 2019.
In conclusion, the Recycling Facility at Opa-Locka will generate 31 gross external
trips during the AM peak hour and 28 gross external trips during the PM peak hour.
These gross trips will have a de-minimis traffic impact at the adjacent roadways and
therefore, no additional traffic analysis is required or recommended at this time.
[IKA RICHARD GARCIA & ASSOCIATES, INC. Page 1
Recycling Facility at Opa-Locka Level 1 Traffic Study
Introduction
The purpose of this report is to evaluate the trip generation associated with the
proposed commercial center. As such, a trip generation analysis was performed
for a typical weekday AM and PM peak hour (i.e. Adjacent Street Traffic). Lastly,
this report follows the Miami -Dade County Traffic Impact Study Standard
methodology (Level 1).
Project Location / Description
The subject site is located on the northeast corner of NW 42/37 Avenue Connector
and NW 132nd Street in the City of Opa-Locka, Florida. This site currently has a truck
equipment repair facility with an administrative office that will remain as part of the
proposed project. The proposed project consists of a recycling facility (general
light industrial) with 43,904 square feet. This project build -out year is slated for 2022.
Moreover, the subject project will maintain the two (2) existing driveways on NW
132nd Street. The east driveway will operate as the entrance while the west
driveway will be exit only. Figure 1 depicts the site's location map while Figure 2 is
the site plan provided for illustrative purposes only.
Figure 1: Location Map
RICHARD GARCIA & ASSOCIATES, INC.
Page 2
Recycling Facility at Opa-Locka
Figure 2: Site Plan
II
1
•
E;O
NW 132nd Street
Level 1 Traffic Study
RCIA RICHARD GARCIA & ASSOCIATES, INC. Page 3
Recycling Facility at Opa-Locka
Level 1 Traffic Study
Project Traffic
This section of the report describes the analysis for estimating the trip generation
associated with the subject project.
Trip Generation
The trip generation analysis was performed consistent with the
methodology described in the Institute of Transportation Engineers
(ITE) Trip Generation Handbook, 3rd Edition while the trip generation
characteristics were obtained from ITE's Trip Generation Manual, 10th
Edition. ITE's Land Use 110, as identified by the Institute of
Transportation Engineers (ITE), most closely resembles the proposed
project. The trip generation analysis was performed for a typical AM and PM peak
hour (i.e. Adjacent Street Traffic).
As a result, the trip generation calculations yielded 31 gross external trips (27 trips -in
& 4 trips -out) during the AM peak hour and 28 gross external trips (4 trips -in & 24
trips -out) during the PM peak hour. The ITE rates and percentages for the AM and
PM peak hour are included in Appendix 1. Tables 1 and 2 summarize the trip
generation calculations and results for the AM and PM peak hour, respectively.
Table 1: Trip Generation - AM Peak Hour
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATION
RATE
AM PEAK HOUR TRIPS
IN
OUT
TOTAL
Proposed
General Light Industrial (Recycling Facility)
43.904 Th.SF.
110
0.70
27
4
31
External Trips (Proposed Site Gross Trips)
27
4
31
Notes:
Sources: ITE Trip Generation, 10th Edition & ITE Trip Generation Handbook, 3►d Edition.
Th.SF.=1,000 Square Feet
Table 2: Trip Generation - PM Peak Hour
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATION
RATE
'PM PEAK
HOUR
IN
OUT
TOTAL
Proposed
General Light Industrial (Recycling Facility)
43.904 Th.SF.
110
0.63
4
24
28
External Trips (Proposed Site Gross Trips)
4
24
28
Notes:
Sources: ITE Trip Generation, 10th Edition & ITE Trip Generation Handbook, 3rd Edition.
Th.SF. 1,000 Square Feet
IRC0A RICHARD GARCIA & ASSOCIATES, INC.
Page 4
Recycling Facility at Opa-Locka Level 1 Traffic Study
Trip Distribution
The subject project is located within the Traffic Analysis Zone (TAZ) 273 as assigned
by the Transportation Planning Organization (TPO) on the Miami -Dade Long Range
Transportation Plan (2045 LRTP) Directional Trip Distribution Report, September 2019.
As such, the trip distribution was performed consistent with the trip distribution
percentages of TAZ 273 and by interpolating between the 2015 and 2045 TAZ data
for the design year of 2022. Figure 3 depicts the TAZ map while the directional trip
distribution percentages are outlined in Table 3. Appendix 2 contains the
supporting documentation.
Figure 3: TAZ Map
165
287
286
NW 135 Street
277
283
282
276
281
275 `+
255
257
Project's
Location
273
278
274
269
242
RICHARD GARCIA & ASSOCIATES, INC. Page 5
Recycling Facility at Opa-Locka Level 1 Traffic Study
Table 3: Directional Trip Distribution Percentages
DISTRIBUTION PERCENTAGES (%).
DIRECTION
TOTAL
MIAMI -DADS LRTP MODEL YEAR
2015
2045
DESIGN YEAR
2022
17.40
17.30
7.90
12.10
18.00
8.80
6.20
12.30
14.80
16.00
6.00
14.50
17.30
11.30
7.50
12.60
16.79
17.00
7.46
12.66
17.84
9.38
6.50
12.37
100.00
100.00
100.00
Additionally, the net external trips have been further distributed into the four
quadrants: North, South, East and West. Table 4 contains the directional trip
distribution for the AM and PM peak hour while Figure 4 depicts the driveway trips
for the AM and PM peak hour.
Table 4: Directional Trip Distribution
DIRECTION
DISTRIBUTION (%)
DESIGN YEAR
DIRECTION
DISTRIBUTION
AM PEAK
HOUR TRIPS
IN
OUT
TOTAL.
IN
OUT
TOTAL
NNE
ENE
SSE
SSW
WSW
WIINI _' .
NNW
16.79
17.00
7.46
12.66
17.84
9.38
6.50
12.37
NORTH
EAST
SOUTH
WEST
29,16%
24.45%
30.50%
15.89%
8
7
8
4
1
1
2
0
9
8
10
4
1
1
2
0
7
6
7
4
8
7
9
4
TOTAL
100.00
100.00%
27
4
31
4
24
28
KARICHARD GARCIA & ASSOCIATES, INC. Page 6
Recycling Facility at Opa-Locka
Figure 4: Driveway Trips - AM & PM Peak Hour
Driveways Peak HourTrips AM (PM)
AM: Total = 31 vph (27 Trips -In, 4 Trips -Out)
PM: Total = 28 vph (4 Trips -In, 24 Trips -Out)
Level 1 Traffic Study
KaRICHARD GARCIA & ASSOCIATES, INC. Page 7
Recycling Facility at Opa-Locka Level 1 Traffic Study
Conclusion
In conclusion, the Recycling Facility at Opa-Locka will generate 31 gross external
trips during the AM peak hour and 28 gross external trips during the PM peak hour.
These gross trips will have a de-minimis traffic impact at the adjacent roadways and
therefore, no additional traffic analysis is required or recommended at this time.
Kla, RICHARD GARCIA & ASSOCIATES, INC. Page 8
Recycling Facility at Opa-Locka Level 1 Traffic Study
Appendix 1: Trip Generation
RICHARD GARCIA & ASSOCIATES, INC.
Appendix -
C
TABLE: Al
TRIP GENERATION ANALYSIS
AM PEAK HOUR
Project Name: Recycling Facility
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATI ON
RATE
AM PEAK HOUR TRIPS
%
IN
%
OUT
TOTAL
Propose d
General Light Industrial (Recycling Facility)
43. 904 Th.SF.
110
0.70
88%
27
12 %
4
31
External Trips (Proposed Site Gross Trips)
88 %
27
12%
4
31
Mo_L_es:
Sources: 1TE Trip Generation, 10th E dition & 1TE Trip Gene ration Handbo ok, 3rd Editio n.
Th. SF. = 1,000 Square Fee t
(• _ ' . k_ • (- C • t (. ( C C . t t. t. • ( ( tk C• k. • ( t
TABLE: A2
TRIP GENERATION ANALYSIS
PM PE AK HOUR
Project Name: Recycling Facility
LAND USE (LU)
UNITS
ITE LU
CODE
1TE TRIP
GENERATION
RATE
PM PEAK
HOUR TR1PS
-.
::. .
%
IN
%
OUT
TOTAL
Pro posed
General Light Industrial (Recycling Facility)
43.904 Th.SF.
110
0.63
13 %
4
87 %
24
28
Ex ternal Trips (Proposed Site Gross Trips)
13%
4
87 %
24
28
No tes:
Sources: ITE Trip Generation , 10th Edition & ITE Trip Gen eration H andbo ok, 3rd Editio n.
Th.SF. = 1,000 Square Feet
General Light Industrial
(110)
Vehicle Trip Ends vs: 1000 Sq. Ft. GFA
On a: Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
Setting/Location: General Urban/Suburban
lumber of StL,dieS • 45
1000 1I Sq. Ft. G F".: 73
EJ".� ��.'.�c.t onal
, Vehicle Trip Generatlor per MOO Sq. Ft. GFA
Data Plot and Equation
Jar
;l
Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199) 3
0
0
0
0
per+
0
0
0
Genera! Light Industrial
(110)
Vehicle Trip Ends vs:
On a:
Setting/Location:
Number of Studies:
1000 Sq. Ft. GFA:
Directional Distribution:
1000 Sq. Ft. GFA
Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
General Urban/Suburban
44
67
13% entering, 87% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates
0.63
Data Plot and Equation
0.07 - 7.02
Standard Deviation
0.68
400
300
200
100
X
X
x
X
100 200
X= 1000 Sq. Ft. GFA
X Study Site
Fitted Curve Equation: Ln(T) = 0.69 Ln(X) + 0.43
Ftted Curve
300
- - Average Rate
Rz= 0.52
400
4 Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199)
Recycling Facility at Opa-Locka Level 1 Traffic Study
Appendix 2: Trip Distribution & Driveway Trips
ty
RICHARD GARCIA & ASSOCIATES, INC. Appendix -
DRIVEWAYS PEAK HOUR TRIPS
Project Name: Recycling Facility
c
E
O
C i
Q4Z£i id�f4
__ 27 (4)
Driveways Peak HourTrips AM (PM)
AM: Total = 31 vph (27 Trips -In, 4 Trips -Out)
PM: To tal = 28 v ph (4 Trips -In , 24 Trips -Out)
12 .3 C5
C
a 3
a-
.
a
P.
• 'S
TABLE: A3
Cardinal Distribution
AM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DIRECTION
DISTRIBUTION (%)
DESIGN YEAR
DIRECTION
DISTRIBUTION
AM PEAK HOUR TRIPS
IN
OUT
TOTAL
NNE
16.79
NORTH
29.16%
8
1
9
ENE
17.00
ESE
7.46
EAST
24.45%
7
1
8
SSE
12.66
SSW
17.84
SOUTH
30.50%
8
2
10
WSW
9.38
WNW
NNW
6.50
12.37
WEST
15.89%
4
0
4
TOTAL
100.00
100.00%
27
4
31
8
9
N
1
0 GROSS TRIPS -
4
AM PEAK HOUR
S
fi
2 8
10
30%)ti
E
[-=> 1
8 24% o
Note:
Directional percentages circled
are rounded. {: j
\fl
TABLE: A3-1
Cardinal Distribution
AM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DISTRIBUTION PERCENTAGES (%)
AM PEAK HOUR TRIPS
DIRECTION
MIAMI-DADE LRTP MODEL YEAR
DESIGN YEAR
IN
OUT
TOTAL
2015
2045
2022
NNE
17,40
14.80
16.79
5
1
6
ENE
17.30
16.00
17.00
5
1
6
ESE
7.90
6.00
7.46
2
0
2
SSE
12.10
14.50
12.66
3
1
4
SSW
18.00
17.30
17.84
5
1
6
WSW
8.80
11,30
9.38
2
0
2
WNW
6.20
7.50
6.50
2
0
2
NNW
12.30
12.60
12.37
3
0
3
TOTAL
100.00
100.00
100.00
27
4
31
Note:
Based on Miami -Dade Transportation Planning Organization 2045 LRTP Directional Trip Distribution Report, September 2019. Since the current data
is only available for the model years 2015 and 2045, the eight (8) cardinal directions were interpolated to the design year of 2022.
TABLE: A3-2
f
AM PEAK HOUR IN
TRIPS: 27
PERCENT: 87.10%
OUT TOTAL
4 31
12.90% (Calculated)
DIRECTION
DISTRIBUTION %
INGRESS
EGRESS
TOTAL
CALCULATED
USED
CALCULATED
USED
NNE
16.79
4.534
5
0.672
1
6
ENE
17.00
4.589
5
0.680
1
6
ESE
7.46
2.013
2
0.298
0
2
SSE
12.66
3.418
3
0.506
1
4
SSW
17.84
4.816
5
0.713
1
6
WSW
9.38
2.534
2
0.375
0
2
WNW
6.50
1.756
2
0.260
0
2
NNW
12.37
3.340
3
0.495
0
3
TOTAL
100.00
27.000
27
4.000
4
31
TABLE: A4
Cardinal Distribution
PM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DIRECTION
DISTRIBUTION (%)
DESIGN YEAR
DIRECTION
DISTRIBUTION
s , i; i';` ,}]P(y1.PnEA�1CS(H�O�UiR,TtI
�,PS`;�_4i ;',F ��r },
IN
OUT
TOTAL
NNE
ENE
ESE
SSE
SSW
WSW
WNW
NNW
16.79
17.00
7.46
12.66
17.84
9.38
6.50
12.37
NORTH
EAST
SOUTH
WEST
29.16%
24.45%
30.50%
15.89%
1
1
2
0
7
6
7
4
8
7
9
4
TOTAL
100.00
100.00%
4
24
I 28
8
7
N
4 GROSS TRIPS -
PM PEAK HOUR
0
7
S
2
9
30% t)
7 (2-4%)
Note:
Directional percentages circled
are rounded. (J,
(60
TABLE: A4-1
Cardinal Distribution
PM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DISTRIBUTION PERCENTAGES (%)
PM PEAK HOUR TRIPS
DIRECTION
MIAMI-DADE LRTP MODEL YEAR
IDESIGNNEAR;`'
IN
OUT
TOTAL
2015
2045
1 ' , :2022 ;-:
NNE
17.40
14.80
16.79
1
d' ,:t N co N N P)
5
ENE
17.30
16.00
17.00
1
5
ESE
7.90
6.00
7.46
0
2
SSE
12,10
14.50
12.66
1
4
SSW
18.00
17.30
17.84
1
5
WSW
8.80
11.30
9.38
0
2
WNW
6.20
7.50
6.50
0
2
NNW
12.30
12.60
12.37
0
3
TOTAL
100.00
100.00
100.00
4
24
28
Note:
Based on Miami -Dade Transportation Planning Organization 2045 LRTP Directional Trip Distribution Report, September 2019. Since the current data is
only available for the model years 2015 and 2045, the eight (8) cardinal directions were interpolated to the design year of 2022.
TABLE: A4-2
PM PEAK HOUR IN
TRIPS: 4
PERCENT: 14.29%
OUT TOTAL
24 28
85.71% (Calculated)
DIRECTION
DISTRIBUTION %
INGRESS
EGRESS
TOTAL
CALCULATED
USED
CALCULATED
USED
NNE
16.79
0,672
1
4.030
4
5
ENE
17.00
0.680
1
4.079
4
5
ESE
7.46
0.298
0
1.790
2
2
SSE
12.66
0.506
1
3.038
3
4
SSW
17.84
0.713
1
4.281
4
5
WSW
9.38
0.375
0
2.252
2
2
WNW
6.50
0.260
0
1.561
2
2
NNW
12.37
0.495
0
2.969
3
3
TOTAL
100.00
4.000
4
24.000
24
28
TRAFFIC AN ALYSIS ZONE (TAZ)
NW 135 Stre et
269 I 270 265 I 264
yi0
MIAMI-DADE TRANSPORTATION PLANNING
Tt
fi
r
a
SEPTEMBER 'DER 2019
p
1111
j
GANIZATION
2 45LRTP
ti
ti
261 3161 Trips
261 3161 Percent
262 3162 Trips
262 3162 Percent
263 3163 Trips
263 3163 Percent
264 3164 Trips
264 3164 Percent
265 3165 Trips
265 3165 Percent
266 3166 Trips
266 3166 Percent
267 3167 Trips
267 3167 Percent
268 3168 Trips
268 3168 Percent
269 3169 Trips
269 3169 Percent
270 _-- 3170 Trips
270 3170 Percent
271 3171 Trips
271 3171 Percent
272 3172 Trips
272 3172 Percent
367 294 161 385 338 254 214 305 2,375
15.8 12.7 7.0 16.6 14.6 10.9 9.2 13.2
558 444 335 596 680 405 364 517 4,002
14.3 11.4 8.6 15.3 17.4 10.4 9.3 13.3
245 188 171 318 343 185 173 295 1,943
12.8 9.8 8.9 16.6 17.9 9.7 9.0 15.4
350 331 203 476 382 387 141 342 2,689
13.4 12.7 7.8 18.2 14.6 14.8 5.4 13.1
468 2S3 211 433 384 312 182 334 2,591
18.2 9.8 8.2 16.8 14.9 12.1 7.0 13.0
298 198 152 290 328 316 119 239 1,955
15.4 10.2 7.8 15.0 16.9 16.3 6.1 12.3
232 128 99 212 169 213 114 176 1,354
17.3 9.5 7.4 15.8 12.6 15.9 8.5 13.1
122 117 110 145 165 168 55 112 1,011
12.3 11.7 11.1 14.6 16.7 16.9 5.6 11.2
662 403 383 590 941 505 3.28 543 4,399
15.2 9.3 8.8 13.5 21.6 11.6 7.5 12.5
3,024 1,243 390 519 758 625 565 2,491 9,620
31.5 12.9 4.1 5.4 7.9 6.5 5.9 25.9
400 322 174 310 428 194 228 293 2,364
17.0 13.7 7.4 13.2 18.2 8.3 9.7 12.5
497 425 303 419 488 412 204 461
15.5 13.2 9.5 13.1 15.2 12.9 6.4 14.4
3,363
273 3173 Trips 395 394 180 276 409 201 142 280 2,325
273 3173 Percent 17.4 17.3 7.9 12.1 18.0 8.8 6.2 12.3
274 3174 Trips
274 3174 Percent
275 3175 Trips
275 3175 Percent
276 3176 Trips
276 3176 Percent
277 3177 Trips
277 3177 Percent
278 3178 Trips
278 3178 Percent
279 3179 Trips
279 3179 Percent
280 3180 Trips
280 3180 Percent
281 3181 Trips
281 3181 Percent
282 3182 Trips
282 3182 Percent
283 3183 Trips
283 3183 Percent
284 3184 Trips
284 3184 Percent
285 3185 Trips
285 3185 Percent
286 3186 Trips
286 3186 Percent
189
15.3
920
19.8
487
14.9
164
14.0
154
15.4
225
15.7
156
13.9
653
16.4
256
14.1
262
11.7
262
13.7
102
11.6
408
10.3
159
12.9
578
12.4
371
11.3
103
8.8
79
7.9
120
8.4
94
8.4
346
8.7
229
12.6
221
9.9
166
8.7
98
11.2
423
10.7
102
8.3
380
8.2
276
8.4
99
8.4
66
6.6
127
8.9
89
7.9
270
6.8
149
8.2
107
4.8
200
10.5
85
9.7
354
8.9
129
10.4
670
14.4
519
15.9
207
17.6
125
12.5
166
11.6
141
12.6
641
16.0
287
15.9
450
20.1
384
20.1
170
19.3
832
21.0
256
20.8
742
16.0
639
19.5
227
19.3
230
23.0
298
20.9
205
18.3
856
21.4
431
23.8
315
14.1
261
13.7
119
13.5
651
16.5
148
12.0
542
11.7
330
10.1
130
11.1
142
14.2
186
13.1
203
18.1
577
14.4
217
12.0
412
18.4
283
14.8
94
10.8
566
14.3
94
7.6
325
7.0
190
5.8
119
10.1
77
7.7
118
8.3
99
8.8
287
7.2
84
4.6
146
6.5
150
7.9
76
8.7
296
7.5
157
12.7
491 4,665
10.6
462 3,296
14.1
127 1,177
10.8
128 1,001
12.8
189 1,447
13.2
134 1,145
11.9
364 4,145
9.1
158 1,815
8.7
327 2,282
14.6
203 1,920
10.6
134 887
15.3
426 4,014
10.8
1,242
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Print Form I
Reset Form I
DEP Form # 62-701.900(28), F.A.C.
Form Title: Closure Cost Estimating Form
For Solid Waste Facilities
Effective Date: January 6, 2010
Incorporated in Rule 62-701.630(3), F.A.C.
CLOSURE COST ESTIMATING FORM FOR SOLID WASTE FACILITIES
Date of DEP Approval:
I. GENERAL INFORMATION:
Facility Name:
Permit Application or Consent Order No.:
Facility Address:
WAGS ID:
Expiration Date:
Permittee or Owner/Operator:
Mailing Address:
Latitude:
n
Coordinate Method:
Collected by:
Solid Waste Disposal Units Included in Estimate:
Longitude:
Datum:
Company/Affiliation:
rr
Phase / Cell
Acres
Date Unit
Began
Accepting
Waste
Active Life of
Unit From Date
of Initial Receipt
of Waste
If active:
Remaining
life of unit
If closed:
Date last
waste
received
If closed:
Official
date of
closing
Total disposal unit acreage included in this estimate: Closure:
Facility type: 0 Class I
(Check all that apply) ❑ Other:
Long -Term Care:
0 Class III 0 C&D Debris Disposal
II. TYPE OF FINANCIAL ASSURANCE DOCUMENT (Check type)
O Letter of Credit* 0 Insurance Certificate
O Performance Bond* 0 Financial Test
O Guarantee Bond* 0 Trust Fund Agreement
* - Indicates mechanisms that require the use of a Standby Trust Fund Agreement
❑ Escrow Account
O Form 29 (FA Deferral)
Northmest District Northeast District Central District Souttmest District South District Southeast District
160 Government Center 7825 Baymeadowe Way, Ste. B200 3319 Maguire Blvd., Ste. 232 13051 N. Telecom Pky. 2295 Victoria Ave., Ste. 364 400 N. Congress Ave., Ste. 200
Pensacola, FL 32502-5794 Jacksonville, FL 32258-7590 Orlando, FL 32803-3767 Temple Terrace, FL 33637 Fort Myers, FL 33901-3881 West Palm Beach, FL 33401
850-595-8360 904-807-3300 407-894-7555 813-632-7600 239-332-6975 561-681-6600
III. ESTIMATE ADJUSTMENT
40 CFR Part 264 Subpart H as adopted by reference in Rule 62-701.630, Florida Administrative Code, (F.A.C.) sets forth the method of
annual cost estimate adjustment. Cost estimates may be adjusted by using an inflation factor or by recalculating the maximum costs of
closure in current dollars. Select one of the methods of cost estimate ajustment below.
❑ (a) Inflation Factor Adjustment ❑ (b) Recalculated or New Cost Estimates
Inflation adjustment using an inflation factor may only be made when a Department approved closure cost estimate exists and no changes
have occurred in the facility operation which would necessitate modification to the closure plan. The inflation factor is derived from the most
recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its survey of Current Business.
The inflation factor is the result of dividing the latest published annual Deflatory by the Deflator for the previous year. The inflation factor may
also be obtained from the Solid Waste website www.dep.state.fl.us/waste/categories/swfr or call the Financial Coordinator at (850) 245-8706.
This adjustment is based on the Department approved closing cost estimate dated:
Latest Department Approved
Closing Cost Estimate:
Current Year Inflation Inflation Adjusted Closing
Factor, e.g. 1.02 Cost Estimate:
This adjustment is based on the Department approved long-term care cost estimate dated:
Latest Department Approved
Annual Long -Term Care
Cost Estimate:
x
Current Year Inflation
Factor, e.g. 1.02
Number of Years of Long Term Care Remaining:
Inflation Adjusted Long -Term Care Cost Estimate:
x
Inflation Adjusted Annual
Long -Term Care Cost
Estimate:
Signature by: 0 Owner/Operator
El Engineer (check what applies)
Signature Address
Name & Title City, State, Zip Code
Date E -Mail Address
Telephone Number
DEP FORM 62-701.900(28)
Effective January 6, 2010 2 of 9
IV. ESTIMATED CLOSING COST (check what applies)
❑ Recalculated Cost Estimate ❑ New Facility Cost Estimate
Notes: 1. Cost estimates for the time period when the extent and manner of landfill operation makes closing most ex;
2. Cost estimate must be certified by a professional engineer.
3. Cost estimates based on third party suppliers of material, equipment and labor at fair market value.
4. In some cases, a price quote in support of individual item estimates may be required.
Number
Description Unit of Units Cost I Unit
1. Proposed Monitoring Wells (Do not include wells already in existence.)
EA
Subtotal Proposed Monitoring Wells:
2. Slope and Fill (bedding layer between waste and barrier layer):
Excavation CY
Placement and Spreading CY
Compaction CY
Off -Site Material CY
Delivery CY
3. Cover Material (Barrier Layer):
Off -Site Clay CY
Synthetics - 40 mil SY
Synthetics - GCL SY
Synthetics - Geonet SY
Synthetics - Other (explain)
4. Top Soil Cover:
Off -Site Material CY
Delivery CY
Spread CY
5. Vegetative Layer
Sodding SY
Hydroseeding AC
Fertilizer AC
Mulch AC
Other (explain)
6. Stormwater Control System:
Earthwork CY
Grading SY
Piping LF
Ditches LF
Berms LF
Control Structures EA
Other (explain)
Subtotal Slope and Fill:
Subtotal Cover Material:
Subtotal Top Soil Cover:
Subtotal Vegetative Layer:
Subtotal Stormwater Control System:
DEP FORM 62-701.900(28)
Effective January 6, 2010 3 of 9
Total Cost
Number
Description Unit of Units Cost / Unit Total Cost
7. Passive Gas Control:
Wells EA
Pipe and Fittings LF _
Monitoring Probes EA _
NSPS/Title V requirements LS
Subtotal Passive Gas Control:
8. Active Gas Extraction Control:
Traps EA
Sumps EA
Flare Assembly EA
Flame Arrestor EA
Mist Eliminator EA
Flow Meter EA
Blowers EA
Collection System LF
Other (explain)
Subtotal Active Gas Extraction Control:
9. Security System:
Fencing LF
Gate(s) EA
Sign(s) EA
Subtotal Security System:
10. Engineering:
Closure Plan Report LS
Certified Engineering Drawings LS 1
NSPS/Title V Air Permit LS
Final Survey LS
Certification of Closure LS
Other (explain)
Subtotal Engineering:
Description Hours Cost / Hour Hours Cost / Hour Total Cost
11. Professional Services
Contract Management Quality Assurance
P.E. Supervisor
On -Site Engineer
Office Engineer
On -Site Technician
Other (explain)
Number
Description Unit of Units Cost I Unit Total Cost
Quality Assurance Testing LS 1
Subtotal Professional Services:
DEP FORM 62-701.900(28)
Effective January 6, 2010
4 of 9
Subtotal of 1-11 Above:
12. Contingency % of Subtotal of 1-11 Above
Subtotal Contingency:
Estimated Closing Cost Subtotal:
Description
13. Site Specific Costs
Mobilization
Waste Tire Facility
Materials Recovery Facility
Special Wastes
Leachate Management System Modification
Other (explain)
DEP FORM 62-701.900(28)
Effective January 6, 2010
Subtotal Site Specific Costs:
TOTAL ESTIMATED CLOSING COSTS ($):
5 of 9
Total Cost
V. ANNUAL COST FOR LONG-TERM CARE
See 62-701.600(1)a.1., 62-701.620(1), 62-701.630(3)a. and 62-701.730(11)b. F.A.C. for required term length. For landfills
certified closed and Department accepted, enter the remaining long-term care length as "Other" and provide years remaining.
(Check Term Length) ❑ 5 Years 0 20 Years 0 30 Years 0 Other, Years
Notes: 1. Cost estimates must be certified by a professional engineer.
2. Cost estimates based on third party suppliers of material, equipment and labor at fair market value.
3. In some cases, a price quote in support of individual item estimates may be required.
All items must be addressed. Attach a detailed explanation for all entries left blank.
Description
Sampling
Frequency Number of (Cost / Well) /
(Events / Year) Wells Event
Annual Cost
1. Groundwater Monitoring [62-701.510(6), and (8)(a)]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
2. Surface Water Monitoring [62-701.510(4), and (8)(b)]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
3. Gas Monitoring [62-701.400(10)]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
Subtotal Groundwater Monitoring:
Subtotal Surface Water Monitoring:
4. Leachate Monitoring [62-701.510(5), (6)(b) and 62-701.510(8)c]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
Other (explain)
Subtotal Gas Monitoring:
Subtotal Leachate Monitoring:
Number of
Description Unit Units / Year Cost / Unit Annual Cost
5. Leachate Collection/Treatment Systems Maintenance
Maintenance
Collection Pipes LF
Sumps, Traps EA
Lift Stations EA
Cleaning LS
Tanks EA
1
DEP FORM 62-701.900(28)
Effective January 6, 2010 6 of 9
Number of
Description Unit Units I Year Cost / Unit Annual Cost
5. (continued)
Impoundments
Liner Repair SY
Sludge Removal CY
Aeration Systems
Floating Aerators EA
Spray Aerators EA
Disposal
Off -site (Includes 1000 gallon
transportation and disposal)
6. Groundwater Monitoring Well Maintenance
Monitoring Wells LF
Replacement EA
Abandonment EA
7. Gas System Maintenance
Piping, Vents LF
Blowers EA
Flaring Units EA
Meters, Valves EA
Compressors EA
Flame Arrestors EA
Operation LS
8. Landscape Maintenance
Mowing AC
Fertilizer AC
Subtotal Leachate Collection ! Treatment
Systems Maintenance:
Subtotal Groundwater Monitoring Well Maintenance:
9. Erosion Control and Cover Maintenance
Sodding SY
Regrading AC
Liner Repair SY
Clay CY
Subtotal Gas System Maintenance:
Subtotal Landscape Maintenance:
Subtotal Erosion Control and Cover Maintenance:
10. Storm Water Management System Maintenance
Conveyance Maintenance LS
Subtotal Storm Water Management System Maintenance:
11. Security System Maintenance
Fences L6
Gate(s) EA
Sign(s) EA
Subtotal Security System Maintenance:
DEP FORM 62-701.900(28)
Effective January 6, 2010 7 of 9
Number of
Description Unit Units 1 Year Cost / Unit Annual Cost
12. Utilities LS 1
Subtotal Utilities:
13. Leachate Collection/Treatment Systems Operation
Operation
P.E. Supervisor HR
On -Site Engineer HR
Office Engineer HR
OnSite Technician HR
Materials LS
Subtotal Leachate Collection/Treatment Systems Operation:
14. Administrative
P.E. Supervisor HR
On -Site Engineer HR
Office Engineer HR
OnSite Technician HR
Other
Subtotal Administrative:
Subtotal of 1-14 Above:
15. Contingency % of Subtotal of 1-14 Above
Subtotal Contingency:
Number of
Description Unit Units / Year Cost / Unit Annual Cost
16. Site Specific Costs
Subtotal Site Specific Costs:
ANNUAL LONG-TERM CARE COST ($ / YEAR):
Number of Years of Long -Term Care:
TOTAL LONG-TERM CARE COST ($):
DEP FORM 62-701.900(28)
Effective January 6, 2010 8 of 9
VI. CERTIFICATION BY ENGINEER
This is to certify that the Cost Estimates pertaining to the engineering features of this solid waste management
facility have been examined by me and found to conform to engineering principles applicable to such facilities. In my
professional judgment, the Cost Estimates are a true, correct and complete representation of the financial liabilities
for closing and/or long-term care of the facility and comply with the requirements of Rule 62-701.630 F.A.C. and all
other Department of Environmental Protection rules, and statutes of the State of Florida. It is understood that the
Cost Estimates shall be submitted to the Department annually, revised or adjusted as required by Rule 62-
701.630(4), F.A.C.
Signature Mailing Address
Name and Title (please type) City, State, Zip Code
Date E -Mail address (if available)
Florida Registration Number Telephone Number
(please affix seal)
VII. SIGNATURE BY OWNER/OPERATOR
Signature of Applicant Mailing Address
Name and Title (please type) City, State, Zip Code
E -Mail address (if available) Telephone Number
DEP FORM 62-701.900(28)
Effective January 6, 2010 9 of 9
2 4SLRTP
261
261
262
262
263
263
264
264
265
265
266
266
267
267
268
268
269
269
270
270
271
271
272
272
3161
3161
3162
3162
3163
3163
3164
3164
3165
3165
3166
3166
3167
3167
3168
3168
3169
3169
3170
3170
3171
3171
3172
3172
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
361 358 126 499 512 378 362 285 2,991
12.5 12.4 4.4 17.3 17.8 13.1 12.6 9.9
719 606 289 1,008 1,004 692 603 665 5,701
12.9 10.9 5.2 18.0 18.0 12.4 10.8 11.9
318 259 143 426 380 259 209 291 2,308
13.9 11.3 6.2 18.7 16.6 11.4 9.2 12.7
662 465 225 799 825 630 458 580 4,769
14.3 10.0 4.9 17.2 17.8 13.6 9.9 12.5
660 460 300 877 693 577 443 594 4,654
14.4 10.0 6.5 19.0 15.1 12.5 9.6 12.9
408 243 267 474 501 434 331 479 3,183
13.0 7.8 8.5 15.1 16.0 13.9 10.6 15.3
250 146 107 231 189 232 126 136 1,425
17.6 10.3 7.6 16.3 13.3 16.4 8.9 9.6
175 131 91 171 187 202 130 90 1,193
14.8 11.2 7.8 14.6 15.9 17.2 11.0 7.6
873 542 410 748 1,066 584 469 724 5,512
16.1 10.0 7.6 13.8 19.7 10.8 8.7 13.4
3,789 1,163 487 509 811 745 787 2,881 11,224
33.9 10.4 4.4 4.6 7.3 6.7 7.0 25.8
441 400 148 495 522 329 360 384 3,089
14.3 13.0 4.8 16.1 17.0 10.7 11.7 12.5
578 579 246 637 658 518 390 481
14.2 14.2 6.0 15.6 16.1 12.7 9.6 11.8
4,261
273 3173 Trips 422 455 171 414 491 323 212 359 2,941
273 3173 Percent 14.8 16.0 6.0 14.5 17.3 11.3 7.5 12.6
274 3174 Trips 211
274 3174 Percent 14.3
275 3175 Trips 896
275 3175 Percent 15.7
276 3176 Trips 582
276 3176 Percent 12.5
277 3177 Trips 171
277 3177 Percent 12.5
278 3178 Trips 386
278 3178 Percent 15.6
279 3179 Trips 234
279 3179 Percent 13.0
280 3180 Trips 165
280 3180 Percent 12.5
281 3181 Trips 638
281 3181 Percent 14.0
282 3182 Trips 289
282 3182 Percent 14.2
283 3183 Trips 232
283 3183 Percent 9.6
284 3184 Trips 309
284 3184 Percent 12.8
285 3185 Trips 171
285 3185 Percent 13.2
286 3186 Trips 498
286 3186 Percent 11.5
GIs
199
13.5
834
14.6
590
12.7
152
11.1
262
10.6
200
11.1
170
12.9
449
9.9
177
8.7
274
11.4
229
9.5
150
11.6
498
11.4
106
7.2
417
7.3
463
10.0
91
6.7
162
6.6
169
9.4
98
7.4
369
8.1
177
8.7
182
7.6
215
8.9
119
9.2
325
7.5
231
15.6
867
15.2
858
18.5
274
20.0
342
13.8
260
14.4
209
15.8
850
18.7
366
18.0
558
23.1
523
21.7
252
19.5
896
20.6
262
17.7
1,015
17.8
883
19.0
254
18.6
523
21.1
354
19.6
234
17.7
937
20.7
413
20.3
353
14.6
364
15.1
179
13.8
752
17.3
179
12.2
627
11.0
428
9.2
159
11.6
316
12.8
204
11.3
190
14.4
562
12.4
242
11.9
372
15.4
292
12.1
111
8.6
506
11.6
145
9.8
461
8.1
401
8.6
123
9.0
244
9.9
178
9.9
126
9.5
304
6.7
167
8.2
189
7.8
261
10.8
120
9.3
353
8.1
143
9.7
587 5,790
10.3
446 4,694
9.6
146 1,370
10.6
242 2,524
9.8
204 1,836
11.3
130 1,350
9.9
432 4,701
9.5
200 2,056
9.9
254 2,488
10.5
216 2,463
9.0
194 1,347
15.0
523 4,417
12.0
1,484
Memorandum
TO: John E. Pate, City Manager
FROM: Gregory Gay, PCD Director
Gerald Lee, Zoning Official/Planner
Corion DeLaine, City Planner
DATE: May 5th, 2021
RE: 3805 NW 132 Street, LLC: Commission Inquiries
Per the inquiries from the City Commission regarding the C&D Processing facility at 3805
NW 132nd Street, here are PCD Staff findings provided by the developer/business
operator.
. FOR SITE PLAN:
1. Stormwater drainage system: There is an existing City of Opa-locka approved
stormwater drainage system installed at the site.
During the DERM permitting process, additional stormwater drains shall be added
if the calculations require them.
There is no retention pond on -site.
2. Traffic Study: A traffic study of the proposed C&D MRF facility shall be conducted
and the report shall be submitted to the City of Opa-locka. The study is expected
to take a week. Approximately 95% of the incoming vehicles is expected to be 10
cubic -yard trucks bearing C&D materials and only 5% is expected to be 100 cubic -
yard trucks. The current capacity of the site is 50 x 100 cubic -yard trucks. When
the C&D facility is operational, the capacity shall be sufficient to handle all incoming
trucks.
FOR DA:
3. Employment Opportunities for Opa-locka residents: The number of new hires
is projected to be 5. Depending on the various job descriptions and skills needed
for each job, preference shall be given to the City residents.
4. Environmental Protection and long term impact: The basic environmental
issues for any facility are impacts to air, soil, groundwater and surface water.
Air: The C&D operations shall be performed in an enclosed building and
dust control shall be implemented using dust suppression units. These units
shall spray a fine mist of water over the tipping and process areas inside
the building. No material shall be stored, handled or loaded outside the
enclosed building. Delivery vehicles shall not be allowed to remove tarps
until prior to tipping inside the building. The site shall remain paved so that
vehicle movements shall not generate dust.
Groundwater and Soil: The C&D operations shall be conducted inside a
building and the demolition materials shall not be in contact with open
ground. The type of C&D materials accepted by the facility is dry in nature
with zero or negligible moisture content and will not runoff outside the
enclosed building. No material shall be stored, handled or loaded outside
the enclosed building. Delivery vehicles shall not be allowed to remove tarps
until prior to tipping inside the building. The site shall remain paved so that
the soil cannot be contaminated by any inadvertent C&D materials.
5. The DERM permit shall include the following:
Boundary Survey
Site Plan
Materials Storage/Processing Activities
Operations Plan
ontngency/Emergency_ Plan
Ater anagement Permit Of needed, since there is a current City
'Financial: ' Assurance Cost Estimate Form : (included as a template
'at#achment)
*The City can include the highlighted requirements in the DA, for additional
reassurance.
Please note that once the DERM permit has been obtained and the facility is operational,
DERM inspectors shall be monitoring the activities at the facility for compliance with
DERM permit conditions. This is not a grandfathered facility; a new facility is subject to
all applicable codes of Miami -Dade County.
END OF MEMORANDUM
New Deve/o,oent for:
3 5 131 $t,sst, Lit6
3805 NW 132nD vtreet
Opa Locka, fL 33054
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3805
NW 132 Street,
3805 NW 132nd Street
Ope Locke, FL 33054
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Ope Loden, FL 33054
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THDEFINGASEIERBADINCEPLENDORNE N
OIY.2IEY8ENE1 IBELO S aai*S
ONSEICE ND001B0aBmA LLDIM3
DEP EMIENTAVAPOISNOPENES NERrdam
L-1
Sponsored by: City Manager
RESOLUTION NO. 21-9868
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, APPROVING THE
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF
OPA-LOCKA AND 3805 NW 132 STREET, LLC. FOR THE
CONSTRUCTION AND OPERATION OF A
CONSTRUCTION AND DEMOLITION WASTE
PROCESSING FACILITY ON THE PROPERTY LOCATED
AT 3805 NW 132ND STREET, IDENTIFIED BY FOLIO 08-
2129-010-0090, IN THE I-3 ZONING DISTRICT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to the City's Code of Ordinances and the City's Land
Development Regulations, Ordinance 15-31, the City Commission has the power to
approve, approve with conditions or deny any site plan review request; and
WHEREAS, 3805 NW 132 Street, LLC ("Applicant"), owner of the subject property
located at 3805 NW 132nd Street, Opa-Locka, Florida 33054, requests development
agreement approval in order to allow the operation of a Construction and Demolition (C
& D) Material Resource Facility (MRF) at the subject property; and
WHEREAS, 3805 NW 132 Street, LLC ("Applicant") presented their formal
application request, all evidence, documents, and marked exhibits before the Planning &
Zoning Board on November 17, 2020 and the Planning & Zoning Board recommended
approval of the Development Agreement for the Site Plan by a 4 to 1 vote, pursuant to
the City Code of Ordinance and the City Zoning Regulations; and
WHEREAS, the applicant wishes to construct a construction waste processing
facility which will contain a new 50,160 square foot warehouse and a 300 square foot scale
house at NW 37th Avenue; and
WHEREAS, the 198,198 square foot property is bounded by NW 37th Avenue to
the west, by NW 132nd Street to the south, by a C & D MRF to the north, and by railroad
tracks to the east. The entire property is fenced, with controlled access; and
Resolution No. 21-9868
WHEREAS, the proposed facility will receive, segregate, compact, store and load
out C & D material. Companies and vendors will deliver C & D material to the facility
using trucks. The proposed facility will also pick-up the material from local areas. The
proposed facility will not accept unacceptable waste including Class I (garbage),
infectious waste and hazardous waste.
WHEREAS, construction waste is generated from construction building and
demolition activities consisting of concrete, tiles, bricks, drywall, asphalt, plastics, C & D
materials, wood, rocks and more. These construction waste materials are often inert and
non -biodegradable, heavy, bulky and overload landfills. Construction waste recycling
and management involves the process and separation of salvaging the recoverable waste
materials for recycling and reuse. The proposed facility is designed to accept
approximately 1,500 cubic yards of material per day.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. RECITALS.
The above recitals are true and correct and are incorporated into this Resolution
by reference.
SECTION 2. APPROVAL.
Approval of Development Agreement. The City Commission of the City of Opa-
Locka hereby approves the request for the development agreement approval for
the construction and operation of a construction and demolition waste processing
facility on the property located at 3805 NW 132 Street identified by folio 08-2129-
010-0090, in the I-3 zoning district, by 3805 NW 132 Street, LLC.
SECTION 3. SCRIVENER'S ERRORS.
Sections of this Resolution may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or the City Manager's designee, without need of public hearing, by filing
a corrected or re -codified copy of same with the City Clerk.
Resolution No. 21-9868
SECTION 4. EFFECTIVE DATE.
This Resolution shall, upon adoption, become effective as specified by the City of
Opa-Locka Code of Ordinances, the City of Opa-Locka Charter and is subject to
the approval of the Governor or Governor's Designee.
PASSED AND ADOPTED this 26th day of May, 2021.
Matthew A. Pigatt, Mayor
ATTEST:
A
L•kik,
Jo. a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris- eeks, P.A.
City Attorney
Moved by: Commissioner Burke
Seconded by: Commissioner Davis
VOTE: 3-2
Commissioner Taylor YES
Commissioner Burke NO
Commissioner Davis YES
Vice -Mayor Williams NO
Mayor Pigatt YES
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
Finance Director:
FD Signature:
Department
......-------
City Manager:
John E. Pate
CM Signature:
Commission Meeting
Date:
4-28-21
Item Type:
(Enter X in box)
Resolution
ce
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1' Reading
Tad
Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
PTP
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bi#: N/A
x
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life &
Communcation
Priority Area:
Strategic Plan
014/Strategy: (list the specific
objective/strategy ibis item mill
address)
X
IN
Dev
No
INI
City Image0
Cl
Sponsor Name
City
Manager
Department: Planning &
Community
Development
City Manager
Short Title:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND
OPERATION OF A CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY ON
THE PROPERTY LOCATED AT 3805 NW 132 STREET IDENTIFIED BY FOLIO 08-2129-010-0090, IN
THE I-3 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The Applicant requests final site plan review and approval in order to allow the operation of a
Construction and Demolition (C & D) Material Resource Facility (MRF) at the subject property. The 198,198
square foot property is bounded by NW 37th Avenue to the west, by NW 132nd Street to the south, by a
C & D MRF to the north, and by railroad tracks to the east. The entire property is fenced, with controlled
access. The applicant wishes to construct a construction waste processing facility which will contain a new
50,160 square foot warehouse and a 300 square foot scale house at NW 37th Avenue
BACKGROUND
The proposed facility will receive, segregate, compact, store and load out C & D material. Companies and
vendors will deliver C & D material to the facility using trucks. The proposed facility will also pick-up the
material from local areas. The proposed facility will not accept unacceptable waste including Class I
(garbage), infectious waste and hazardous waste. Construction waste is generated from construction
building and demolition activities consisting of concrete, tiles, bricks, drywall, asphalt, plastics, C & D
materials, wood, rocks and more. These construction waste materials are often inert and non -
biodegradable, heavy, bulky and overload landfills Construction waste recycling and management
involves the process and separation of salvaging the recoverable waste materials for recycling and reuse.
The proposed facility is designed to accept approximately 1,500 cubic yards of material per day.
The scope of the C & D material processing is described below:
• Delivery vehicles enter the facility from NW 132nd Street. The proposed facility personnel
visually inspect the incoming material, weigh the material on a stationary scale and sort the
incoming material into categories inside the Storage/ Processing Area in an enclosed
building. After unloading and collecting payment, the delivery vehicles exit the facility.
• The recyclable materials are separated and containerized and taken off -site in trucks.
• The remaining sorted material.
All storage/ processing operations will be conducted inside an enclosed building.
Proposed Action:
Staff recommend approval of this Development Agreement pending the following other approvals:
• A Development Agreement must be submitted along with this Construction and Demolition
(C & D) Material Resource Facility (MRF) Site Plan pursuant to the city Land Development
Regulation/ Zoning Code Ordinance no. 15-31: Article V Section 22-112 and F.S. Section
163.3220-163.3243;
• Compliance with resolution 5058, fare share agreement;
• Extend employment opportunity to City residents through the City's Human Resource dept.
and the Opa-locka workforce;
• Maintain 100% the use, function, or any recommendation the Planning and Zoning Board
deem necessary to this Construction and Demolition (C & D) Material Resource Facility
(MRF) site plan and or not limited to the provision of satisfying all other city's land
development code pertaining to the site, landscape and structures;
• The Development Agreement (D.A.) shall specifically address the daily operation, business,
behaviors and any other requirements set forth by the City's Land Development Code,
Planning and Zoning Board and the City Commissioner for this proposed Construction and
Demolition (C & D) Material Resource Facility (MRF) site plan;
• Address all Miami -Dade County's input/ recommendations as appropriate.
Attachment
Development Agreement
Development Agreement Staff Report
DA Resolution 11-17-20
Record and Return to: (enclose self-addressed stamped envelope)
De Leon, Armando
2690 W. 72 Street
Hialeah, FL 33016
This Instrument Prepared by:
Law Offices of Burnadette Norris -Weeks, P.A.
City Attorney, City of Opa-Locka
780 Fisherman Street
Opa-Locka, Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCICA, FLORIDA;
AND 3805 NW 132ND STREET, LLC.
PROJECT NAME: Materials Recovery Facility (MRF), Construction & Demolition, (C&D),
Wood Vegetation Material.
PROJECT OWNER: 3805 NW 132 Street, LLC.
THIS DEVELOPMENT AGREEMENT ("Agreement ") is made and entered into as of this
day of , 2021 ("Execution Date") by and between Developer (the "Owner
"), with the address of 2690 W 72nd Street. Hialeah, FL 33016 and the City of Opa-Locka, Florida,
a municipal corporation and a political subdivision of the State of Florida ("City") with a mailing
address of 780 Fisherman Street, Opa-Locka, Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 4.7 acres of land located
3805 NW 132nd Street, Opa-Locka FL 33054 within the municipal boundaries of the City and
identified by Miami -Dade County Tax Folio Nos. (08-2129 -010-0090) (the "Property "), the legal
description of which is attached hereto and made a part hereof as Exhibit "A"; and
WHEREAS, the City's Commission adopted Resolution Number 21-9867 approving a
Master Site Plan lot the Proposed Development type which includes an approximately 43,904
square foot office building, as well as approximately 20 surface parking spaces; and
WHEREAS, according to Sections 163.3220 through 163.3243. F.S., known as the Florida
Local Government Development Agreement Act, the Florida Legislature has determined that the
lack of certainty in the development process can result in a waste of economic and land
development resources, discourage sound capital improvement planning and financing, escalate
the cost of housing and development, and discourage commitment to comprehensive planning; and
1
WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement
planning and financing, assists in assuring there are adequate capital facilities for the development,
encourages private participation in comprehensive planning, and reduces the economic costs of
development; and
WHEREAS, the Owner and the City desire to establish certain terms and conditions
relating to the proposed development of the Property and wish to establish identifiable parameters
for future development; and
WHEREAS, the City Commission pursuant to Resolution No. 21-9868, adopted on, May
26, 2021, authorizes the City Manager to execute this Agreement upon the terms and conditions
set forth by the City Commission and listed below, and the Owner have authorized the
Owner/Manager to execute this Agreement upon the terms and conditions set forth by the City
Commission and as listed below; and
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises
herein set forth, the Owner and City agrees to as follows:
1. Recitals. The foregoing recitals arc true and correct and are hereby incorporated
herein by reference. All exhibits to this Agreement are hereby deemed apart hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations
recited and provided for under this Agreement constitute substantial benefits to both
parties and thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone, or more additional term(s) approved by
mutual consent of the parties pursuant to a public hearing pursuant to
Section 163.3225, F.S.
(b) "Agreement" means this Chapter 163, F.S., Development Agreement
between the City and Owner.
(c) "City" means the City of Opa-Locka, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan means the plan adopted .by the City pursuant to
Chapter 163, F.S.
(e) "Owner" means the persons or entities undertaking the development of the
Property, defined in the preamble to this Agreement. 3 805 NW 132 Street,
LLC., with the address of 3805 NW 132nd Street, Opa-Locka, FL, 33054
and/or any of its respective successors, assigns, or heirs thereof.
2
(f)
(g)
"Development" means the carrying out of any building activity, the making
of any material change in the use or appearance of any structure or land, or
the dividing of land into three or more parcels and such other activities
described in Section 163.3221(4), F.S.
"Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official
action of local government having the effect of permitting the development
of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami -Dade County, Florida.
(i) "Entire Term" is the total term of this Agreement, combining the Initial
Term (thirty (30) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to
this Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's
approval of the Site Plan, and (b) the provisions of the Charter.
Comprehensive Plan and Laws of the City of Opa-Locka, including the City
of Opa-Locka's Unified Land Development Regulation Code and the
Ordinance, as amended through the Effective Date.
(I) "Final Site Plan" means the Site Plan approved by the City Commission via
Resolution No. 21-9867 for the Materials Recovery Facility (MRF),
Construction & Demolition, (C&D), Wood Vegetation Material Project at
3805 NW 132nd Street, Opa-Locka, FL 33054.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is thirty (3 0) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
Includes any improvements or structures customarily regarded as land,
except as provided herein.
(p) "Land Development Regulations" means ordinances, rules and policies
enacted or customarily implemented by the City for the regulation of any
aspect of development and includes any local government zoning, rezoning,
subdivision, building construction, or sign regulation or any other
regulations controlling the development of or construction upon land in
effect as of the Effective Date.
(q)
"Laws" means all ordinances, resolutions, regulations, comprehensive
plans, Land Development Regulations, and rules adopted by the City of
Opa Locka affecting the development of land in effect as of the Effective
3
Date, including Opa-Locka's Land Development Regulation Code, the
Ordinance Number 15-31.
(r) "Parties" means the City and the Owner.
(s) "Project" is the Materials Recovery Facility (MRF), Construction &
Demolition. (C&D), Wood Vegetation Material Project at 3805 NW 132nd
Street, Opa-Locka, FL 33054 as described in the plans prepared by Robert
J Lara A/E Firm and dated October 14, 2020, which proposes the
development of an approximately 43,904 square foot building and 20
parking spaces with related employee and guest parking.
(t) "Property" means the approximately 4.7 acres of land located on 3805 NW
132nd Street, Opa-Locka, FL 33054, within the municipal boundaries of the
City and identified by Miami -Dade County Tax Folio Nos. 08-2129-010-
0090 the legal description of which is attached hereto and made a part hereof
as Exhibit "A."
(u) "Public Facilities" means major capital improvements, including, but not
limited to transportation, transit, sanitary sewer, solid waste, drainage,
potable water, educational facilities, parks and recreational, and health
systems and facilities for which the City's Comprehensive Plan sets forth
required levels of service.
(v) "Resolution" means the resolution defined in the preamble to this
Agreement, City of Opa-Locka Resolution Numbers 21-9867 and 21-9868
approving the Site Plan and Development Agreement of the Materials
Recovery Facility (MRF), Construction & Demolition, (C&D), Wood
Vegetation Material Project at 3805 NW 132nd Street, Opa-Locka, FL
33054.
4. Intent. It is the intent of the Owner and the City that this Agreement shall be
construed and implemented as a development agreement among the parties
pursuant to the Florida Local Government Development Agreement Act, Section
163.3220 through 163.3243, F.S., ("Act"), in compliance with Article V, Section
22-112 of the City of Opa-Locka's Land Development Regulation Code, Ordinance
15-31, and the Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all
parties, the City shall record, with recording fees paid by the Owner, the Agreement
with the clerk of the Circuit Court for Miami -Dade County. This Agreement shall
become binding on the Effective Date. Notwithstanding the Effective Date
provided herein and required by Section 163.3239, F.S., the City and the Owner
shall act in good faith to carry out the intent of the Agreement upon the Execution
Date.
4
6. Term of Agreement and Binding Effect. This Agreement shall run with the land.
remain in full force and effect and be binding on all Parties (including the Owner)
and all persons claiming under it for an Initial Term of thirty (30) years from the
Effective Date and may be extended for one or more Additional Term(s) thereafter
by mutual consent of the parties subject to two public hearings pursuant to Section
163.3225. F.S. Consent to any extension of this Agreement requires approval of
both parties to this Agreement. No notice of termination shall he required by either
party upon the expiration of this Agreement and thereafter the parties hereto shall
have no further obligations under this Agreement. The obligations imposed
pursuant to this Agreement upon the parties and upon the Property shall run with
and bind the Property as covenants running with the Property, and this Agreement
shall be binding upon and enforceable by and against the parties hereto, their
personal representatives, heirs, successors, grantees and/or assigns.
7. Termination. No notice of termination shall he required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration / Termination / Default. Upon the expiration of the Agreement, the
City shall have ability and the rights under its police power to adopt Zoning
Regulations not inconsistent with the rights granted hereunder. In the event of
termination or default, no further rights under this Agreement shall exist, whether
brought under a claim of vested right, equitable estoppel or otherwise.
9. Development Conditions. In accordance with Section 163.3227(c), F.S., the
Owner agrees as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of
Occupancy for the Project and shall be served by water and sanitary sewer
main extensions as required by the City in accordance with Miami -Dade
County permitting requirements.
(b) All Public Facility improvements required by the City, by Miami -Dade
County, Florida, or voluntarily proposed by the Owner to be installed by
Owner shall be constructed in accordance with applicable governmental
regulations prior to the issuance of a Certificate of Occupancy of the Project.
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its graphic and verbal
representation submitted to the City Commission in order to receive
approval of the Materials Recovery Facility (MRF), Construction &
Demolition, (C&D), Wood Vegetation Material Site Plan at 3805 NW
132nd Street, Opa-Locka, FL 33054. Such items include, but are not
specifically limited to:
5
• Design of all physical structures, water bodies, private and public
improvements and
• The color and dimensional characteristics of all building materials.
• All landscaping, bay loading, and parking spaces must be provided
and maintained as shown on the site plan.
(e) Owner guarantees to preserve and maintain all buildings and structures
consistent with the Materials Recovery Facility (MRF), Construction &
Demolition, (C&D), Wood Vegetation Material Site Plan, or to cause any
tenant of the Property to do so, for the entire period in which the Owner
owns the land or controls at least 51% ownership of the Property or controls
a least 10% of any entity to which this agreement has been assigned, sold,
or otherwise transferred. Any new owner must abide by the terms of this
agreement until January, 2051.
(f) Owner shall submit annual reports and additional documentation to the City
as required by the Resolution to verify continuing compliance with the
Resolution. [NOTE: City to provide Owner with forms of annual reports
and any additional documentation that will he required.]
The Owner will not physically alter or substitute the design of structures,
materials and colors included in the Materials Recovery Facility (MRF),
Construction & Demolition, (C&D), Wood Vegetation Material Site Plan
except as approved by the City in the City's sole discretion. In the event that
building materials or colors are no longer available, the burden shall be on
the Owner to prove that said materials or colors are in fact unavailable.
(g)
Owner agrees that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
The Owner and his assigns have agreed that no person shall sleep, camp, or
lodge on the property at any time.
Owner agrees to employ Opa-Locka residents through the assistance of the
CareerSource South Florida Office (or other similar organization as
determined by City) and shall also encourage all contractors and all their
subcontractors to employ Opa-Locka residents through the assistance of the
CareerSource South Florida office in coordination with the City of Opa-
Locka and in accordance with the Memorandum of Understanding between
the City of Opa-Locka and CareerSource. In conjunction with CareerSource
South Florida Office, Owner shall submit a hiring plan to the City as to the
number of employees anticipated to be hired as well as the positions and
shall notify the City when the job fairs will take place. [NOTE: City to
provide Owner with a copy of the referenced Memorandum of
Understanding and any additional documentation regarding this
requirement.]
6
(k)
Owner agrees:
(1) To host job fairs before and during the construction phase of this
development for construction jobs;
(2) To encourage any tenants of the Project to host job fairs after
construction for building (business) operation jobs:
(1) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
The following timelines shall be complied with by Owner, 3805 NW 132
Street, LLC. Said entity must work immediately to seek all applicable
permits immediately upon approval of this Agreement and shall:
• Apply for building permits: within 6 months from the execution of the
Development Agreement. The City Manager may grant a single 6 month
extension for good cause shown.
• Must start construction: within 18 months following issuance of
permits. The City Manager may grant a single 12 month extension for
good cause shown.
• Must complete project: within 24 months following issuance of permits.
The City Manager may grant a single 12 month extension for good
cause.
(m
(n) The parties acknowledge that there is an existing stormwater drainage
system on the property. Owner agrees that during the DERM permitting
process, if additional stormwater drains are deemed necessary due to
calculations or otherwise, Owner agrees to install additional stormwater
drains.
(o) Traffic Study: The parties agree to accept the findings and the conclusion
of the "Recycling Facility at Opa-Locka Level 1 Traffic Study" for 3805 NW
132nd Street, Opa-Locka, Florida, prepared and provided by Richard
Garcia & Associates. Inc. on May 17, 2021.
Dust Control: The parties agree that C&D operations shall be performed
in an enclosed building and follow dust control measures to include:
spraying a fine mist of water over the tipping and process areas inside of
the building. Further, no material shall be stored, handled or loaded
outside the enclosed building and delivery vehicles shall not be allowed to
remove tarps until prior to tipping inside the building. The site shall
remain paved so that vehicle movements shall not generate dust.
Groundwater and Soil: Owner agrees that C&D operations shall be
conducted inside a building and that the demolition materials shall not
come in contact with open ground. The type of C&D materials accepted
(p)
(9)
7
by the facility shall be dry in nature with zero or negligible moisture
content and will not runoff outside the enclosed building. No material
shall be stored, handled or loaded outside of the enclosed building. Owner
further agrees that delivery vehicles shall not be allowed to remove tarps
until prior to tipping inside the building. The site shall remain paved so
that the soil cannot be contaminated by any inadvertent C&D materials.
(q) Owner shall show proof of and all compliance with DERM requirements.
10. Development Permits. In accordance with Section 163.3227(I). F.S., the City
needs to approve the following additional development permits upon proper
submission of all requirements, and City review or inspections, in order for the
Owner to develop the Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the Materials
Recovery Facility (MRF), Construction & Demolition, (C&D), Wood
Vegetation Material Site Plan.
(c) Water, sewer, paving, and drainage permits:
(d) Building permits:
(e) Sign permits;
(f) Certificates of use and occupancy; and
(g)
(h)
(i)
Any other official action of the City and/or Miami -Dade County. Florida or
other applicable regulatory agencies having the effect of permitting the
development of land or providing permits required for the development of
Property.
Any City liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this agreement for this property or any other
property owned by 3805 NW 132 Street, LLC.
All currently non -compliant physical structures or vehicles if applicable
shall be removed prior to the execution of this agreement.
11. Public Services and Facilities; Concurrency. In accordance with Section 163
3227(d), F.S., the City and the Owner anticipate that the Property and the Project
will be served by those public services and facilities currently in existence as
provided by the State of Florida, Miami —Dade County, the City, and/or as
contemplated in Materials Recovery Facility (MRF), Construction & Demolition,
(C&D), Wood Vegetation Material Site Plan. The Property and the Project will also
be served by all public facilities provided in the City's Comprehensive Plan,
specifically including but not limited to, those public facilities described in the
Comprehensive Plan's Capital Improvements Element. For the purposes of
8
concurrency, the City hereby agrees to provide, reserve, and allocate sufficient
public facility capacity, including but not limited to water, sanitary sewer, solid
waste, drainage, fire and police to serve the development of the Project on the
Property for the period of this Agreement. The Owner shall be bound by the City
impact fees and assessments in existence as of the Effective Date of this Agreement.
Nothing in this paragraph shall relieve the Owner of the requirement to pay impact
fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g),
F.S., the City hereby finds and declares that the Owner's development of the Project
on the Property complies with the Laws, ordinances, regulations and policies of the
City of Opa-Locka, and is consistent with the City's Laws, Comprehensive Plan
and Land Development Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act for
the Entire Term of this Agreement, the City hereby agrees that it shall permit the
development of the Project in accordance with the Laws of the City of Opa-Locka,
including the City's Comprehensive Plan and Land Development Regulations, as
of the Effective Date of this Agreement, subject to the conditions of this Agreement.
Except as otherwise provided in the Act, the City's Laws and policies governing the
development of the Property as of the Effective Date of this Agreement shall govern
the development of the Property for the Entire Term of this Agreement unless
terminated. Development of the Property as outlined herein shall not be subject to
any future changes to the Laws of the City, including the City's Land Development
Regulations and Comprehensive Plan designation alter the Effective Date and
during the Entire Term of this Agreement, except to the extent that the Owners
consent to such changes and except as otherwise provided in the Act. The City may
apply subsequently adopted laws or policies to the Property only as permitted or
required by the Act or as provided above or upon this agreement being terminated
or having expired.
14. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or
agencies, acting in their governmental capacity, to consider governmental actions,
as set forth in this Agreement. All such considerations and actions shall be
undertaken in accordance with established requirements of state statutes and
municipal ordinances, in the exercise of the City's jurisdiction under the police
power. Nothing in this Agreement shall be construed to prohibit the City from duly
acting under its police power to approve, approve with conditions, or reject any
public hearing application dealing with the Property.
15. Necessity of Complying, with Local Regulations Relative to Development
Permits. In accordance with Section 163.3227(i). F.S., this Agreement is not and
shall not be construed as a development permit or authorization to commence
Development. The Owner and the City agree that the failure of this Agreement to
9
address a particular permit, condition. fee, term or restriction in effect on the
Effective Date of this Agreement shall not relieve the Owner of the necessity of
complying with any and all regulations governing said permitting requirements,
conditions, fees, terms or restrictions as long as compliance with said regulation
and requirements do not require the Owner to develop the Property in a manner that
is inconsistent with the Laws of the City of Opa-Locka in existence as of the
Effective Date.
16. Good Faith: Further Assurances. The parties to this Agreement have negotiated
in good faith. It is the intent and agreement of the parties that they shall cooperate
with each other in good faith to effectuate the purposes and intent of and to satisfy
their obligations under this Agreement in order to secure to themselves the mutual
benefits created under this Agreement. In that regard, the panics shall execute such
further documents as may be reasonably necessary to effectuate the provisions of
this Agreement, provided that the foregoing shall in no way he deemed to inhibit,
restrict, or require the exercise of the City's police power or actions of the City when
acting in a quasi -judicial capacity.
17. Notices. Any notice required or permitted to be given under this Agreement shall
be in writing and shall be deemed to have been given if delivered by hand, sent by
a recognized courier (such as Federal Express) or mailed by certified or registered
mail, return receipt requested, in a postage prepaid envelope and addressed as
follows:
If to the City at:
With a copy to:
If to the Owner at:
City Manager
City of Opa-Locka
780 Fisherman Street
Opa-Locka. Florida 33054
Law Offices of Burnadette Norris -Weeks, P.A.
City Attorney
City of Opa Locka
780 Fisherman Street
Opa-Locka. Florida 33054
And
401 North Avenue of the Arts
Ft. Lauderdale. FL 33311
Project Owner:
3805 NW 132 Street, LLC
3805 NW 132nd Street,
Opa-Locka, FL 33054
18. Governing Laws, Construction and Litigation. This Agreement shall be
governed and construed in accordance with the laws of the State of Florida. The
10
Owner and the City agree that Miami -Dade County, Florida is the appropriate
venue in connection with any litigation between the parties with respect to this
Agreement. All of the parties to this Agreement have participated fully in the
negotiation and preparation hereof, and accordingly, this Agreement shall not be
more strictly construed against any of the parties hereto. In construing this
Agreement, captions, and section and paragraph headings shall be disregarded. All
of the exhibits referenced in this Agreement are incorporated in, and made a part
of, this Agreement. In the event of any litigation between the parties under this
Agreement for a breach thereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241, F.S., if state or federal km s are enacted after the
execution of this Agreement that are applicable to and preclude the parties'
compliance with the terms of this Agreement, such Agreement shall be modified or
revoked as is necessary to comply with the relevant state or federal laws.
19. Severability. In the event that any term or provision of this Agreement is
determined by an appropriate judicial authority to be illegal or otherwise invalid,
such provision shall be given its nearest legal meaning or construed as deleted as
such authority determines, and the remainder of this Agreement shall be construed
to be in full force and effect.
20. Entire Agreement. This Agreement sets forth the entire Agreement and
understanding between the parties hereto relating in any way to the subject matter
contained herein and merges all prior discussions between the Owner and the City.
Neither party shall be bound by any agreement, condition, warranty or
representation other than as expressly stated in this Agreement and this Agreement
may not be amended or modified except by written instrument signed by both
parties hereto and in accordance with Section 163.3225, F.S.
21. Indemnification. The Owner shall indemnify and hold harmless the City, its
elected and appointed officials, employees, agents and assigns from and against any
claims or litigation arising under this Agreement instituted by third parties to the
extent arising as a result of the activities of Owner at the Property or in connection
with the construction of the Project.
22. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall
review the Property subject to this Agreement at least once every 12 months to
determine if there has been demonstrated good faith compliance with the terms of
this Agreement. If the City fmds, on the basis of substantial competent evidence,
that there has been a failure to comply with the terms of this Agreement, this
Agreement may be revoked or modified by the City.
11
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Manager
Dated: day of , 2021
Approved for form and legal sufficiency:
City Attorney:
JV , 6/4
6CCr+'tccfe++e ,v J111
STATE OF FLORIDA
COUNTY OF MIAMI -DAD E
6)e_eKFit
s, E'9.
The foregoing instrument was acknowledged before me by means of [ ] physical presence [ ]
online notarization, this day of , 2021, by (name
of person) as (type of authority) for
(name of party on behalf of whom instrument was
Executed).
(Seal)
Personally Known:
OR Produced Identification:
Type of Identification Produced:
Signature of Notary Public
Print, Type of Stamp Name of Notary
12
OWNER
Project Name:
Materials Recovery Facility (MRF),
Construction & Demolition (C&D), Wood
Vegetation Material
Property Owner:
3805 NW 132 Street, LLC.
Property Address:
3805 NW 132nd Street,
Opa-Locka. FL 33054
WITNESSES:
By:
Print Name Name:
Title:
Signature
Print Name
Signature
13
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me by means of [ ] physical presence [ ]
online notarization, this day of , 2021, by
(name of person) as (type of authority) for
(name of party on behalf of whom instrument
was Executed).
(Seal)
Signature of Notary Public
Personally Known:
OR Produced Identification:
Print, Type of Stamp Name of Notary
Type of Identification Produced:
14
EXHIBIT A- PROPERTY (LEGAL DESCRIPTION)
LOT 1, BLOCK 2 OF "LE JEUNE DOUGLAS INDUSTRIAL PARK" ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT BOOK 115, AT PAGE 99, OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY FLORIDA.
FOLIO NO: 08-2129-010-0090
15
The Opa-locka Planning & Zoning Meeting
P&Z Clerk's Summary Minutes
Virtual P&Z Meeting
Tuesday, November 17, 2020
5:30 P.M.
• CALL TO ORDER:
Chairman Elio Guerrero called the Virtual Planning & Zoning Meeting to order at 5:30 p.m. on
Tuesday, November 17, 2020.
Pursuant to Executive Order No. 20-69, issued by the office of the Governor Ron DeSantis
On March 20, 2020, municipalities may conduct meetings of their governing boards without
Having a quorum of its members present physically or at any specific location, and utilizing
Communications media technology such as telephonic or video conferencing, as provided by
Section 120.54(5)(b) 2, Florida Statutes.
An opportunity was given to the public to email the Planning & Zoning Clerk prior to the
Planning & Zoning Meeting with any questions/comments/concerns on items we will hear on
this evening's P&Z agenda. This meeting is being streamed live at
https://www.youtube.com/user/CityotOpalocka.
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.
II INVOCATION AND PLEDGE: Prayer was led by Board Member Tydus and the Pledge of
Allegiance was stated after the Prayer.
III APPROVAL OF MINUTES: Discussion of Minutes from September 8, 2020 Meeting
Chairman Elio Guerrero asked if a motion could be made to have the minutes approved from
September 8, 2020 meeting.
Board Member Rose Tydus made a motion to approve the minutes. Board Member Dawn
Mangham second the motion.
There being no discussion, the motion passed by a 5-0.
Germane Barnes Yes
Elio Guerrero Yes
Claudienne Hibbert Yes
Dawn Mangham Yes
Rose Tydus Yes
IV. PUBLIC HEARING:
1. APPLICANT NAME: ADMI USA, INC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY OWNER : IDMA HOLDINGS, LLC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING VARIANCE REQUEST APPROVAL FOR THE
OPERATION OF A CONCRETE BATCH NG 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,
2jPage
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
31 Page
2. APPLICANT NAME: ADMI USA, INC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY OWNER : IDMA HOLDINGS, LLC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING SPECIAL EXCEPTION SITE PLAN REVIEW
APPROVAL FOR THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED
CONCRETE PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT
13050 NW 30th Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-
0030; 08-2128-002-0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-
004-0380; AND 08-2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Lee: Special Exception/Staff recommends approval.
Board Member Barnes make a motion to approve item 2 based upon contingent to "Exhibit A".
Board member Tydus second the motion.
There being no discussion, the motion passed by a 4-0.
Germane Barnes
Claudienne Hibbert
Dawn Mangham
Elio Guerrero
Rose Tydus
Yes
N/A (Audio Issues)
Yes
Yes
Yes
4IPage
3. APPLICANT NAME: ADMI USA, INC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY OWNER : IDMA HOLDINGS, LLC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING TENTATIVE PLAT APPROVAL FOR THE
OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE
PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th
Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002-
0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08-
2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lee: Tentative Plat/Staff recommends approval.
Board member Barnes made a motion to approve item "3". Board member Tydus second the
motion.
There being no discussion, the motion passed by a 5-0.
Germane Barnes
Claudienne Hibbert
Dawn Mangham
Elio Guerrero
Rose Tydus
Yes
Yes
Yes
Yes
Yes
SIPage
4. APPLICANT NAME: ADMI USA, INC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY OWNER : IDMA HOLDINGS, LLC
13050 NW 30th Avenue,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 13050 NW 30th Avenue, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR
THE OPERATION OF A CONCRETE BATCHING PLANT AND FINISHED CONCRETE
PRODUCTION COMPANY FACILITY ON THE PROPERTY LOCATED AT 13050 NW 30th
Avenue, AND IDENTIFIED BY FOLIO(S) 08-2128-002-0020; 08-2128-002-0030; 08-2128-002-
0040; 08-2128-002-0050; 08-2128-002-0060; 08-2128-002-0090; 08-2128-004-0380; AND 08-
2128-004-0330; IN THE I-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Mr. Lee: Development Agreement/Staff recommends approval.
Board member Tydus moved to approve item "4" and Board member Barnes second the motion.
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Claudienne Hibbert N/A (Audio Issues)
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
61 Page
5. APPLICANT NAME: ARMANDO DE LEON
P.O. BOX 160938
HIALEAH, FL 33016
PROPERTY OWNER 3805 NW 132' STREET, LLC
3805 NW 132 STREET,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 3805 NW 132" STREET, OPA-LOCKA, FL 33054
REQUEST:
AN ORDINANCE OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING REZONING REQUEST APPROVAL FOR THE
OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL RESOURCE
FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132" STREET, AND
IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT; PROVIDING
FOR AN EFFECTIVE DATE.
Bala: I don't have a presentation. However; this will take place in an enclosed warehouse
Chairman Guerrero: What is the use?
Bala: A truck parking facility.
Mr. Delaine does a presentation and speaks that they meet the criteria and requirements.
Mr. Delaine: Rezoning request/Staff recommends approval.
Board member Mangham makes a motion to approve item "5". Board member Barnes second the
motion.
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Claudienne Hibbert Yes
Dawn Mangham Yes
Elio Guerrero Yes
71Page
Rose Tydus N/A (Audio Issues)
6. APPLICANT NAME: ARMANDO DE LEON
P.O. BOX 160938
HIALEAH, FL 33016
PROPERTY OWNER : 3805 NW 132" STREET, LLC
3805 NW 132ND STREET,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 3805 NW 132ND 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 132ND STREET,
AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Delaine: Site Plan approval/Staff recommends approval.
Board member Mangham makes a motion to approve item "6". Board member Barnes second the
motion.
There being no discussion, the motion passed by a 5-0.
Germane Barnes Yes
Claudienne Hibbert Yes
Dawn Mangham Yes
Elio Guerrero Yes
Rose Tydus Yes
8 Page
7. APPLICANT NAME: ARMANDO DE LEON
P.O. BOX 160938
HIALEAH, FL 33016
PROPERTY OWNER : 3805 NW 132" STREET, LLC
3805 NW 132"" STREET,
OPA-LOCKA, FL 33054
PROPERTY ADDRESS: 3805 NW 132"" STREET, OPA-LOCKA, FL 33054
REQUEST:
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR
THE OPERATION OF A CONSTRUCTION AND DEMOLITION (C&D) MATERIAL
RESOURCE FACILITY (MRF) ON THE PROPERTY LOCATED AT 3805 NW 132"' STREET,
AND IDENTIFIED BY FOLIO 08-2129-010-0090; IN THE I-3 ZONING DISTRICT;
PROVIDING FOR AN EFFECTIVE DATE.
Mr. Delaine: Development Agreement/Staff recommends approval.
Board Member Mangham move to approve item "7". Board member Tydus second the motion.
There being no discussion, the motion passed by a 4-1.
Germane Barnes
Claudienne Hibbert
Dawn Mangham
Elio Guerrero
Rose Tydus
No
Yes
Yes
Yes
Yes
91 Page
Chairman Guerrero: Any questions board members for the applicant?
(There was 1 Public Comment) Listed Below:
Subject: C and D Resource Facility planned for 3805 NW 132nd Street
My name is Larry Olesky. I am the owner of 13195 NW 38th Avenue. The property to the south
of the above subject property. I have the following questions and concerns about the effects of
the Operations of A, C and D to the neighboring properties.
What type of construction material will be processed and how will it be processed?
Will the material be asbestos free and how will this be monitored?
Will the material be lead free and how will this be monitored?
Will the process be compacting, compressing and/or pulverizing?
Will the process be noisy?
Will the process pollute the air and ground water with dust?
What tonnage do you anticipate processing in a year?
What will be the effects on local traffic?
A major concern is the erosion and flooding of 38th Avenue directly in front of my property and
the only entrance and exit to the 3805 property. When this area floods (which is often), getting
in and out of this area is extremely dangerous. It is common to see abandoned cars sitting in
the street that has been flooded.
Any zoning approvals for this area should be directly tied to Road and Sewer Repairs prior to
increased industrialization.
This proposed process will require daily, multiple trucks bringing material to the site and
multiple trucks leaving the facility with the processed material.
I would appreciate my concerns and recommendations being considered for the sake, safety and
respect of the neighborhood.
Thank you for your consideration, Larry Olesky
10I Page
*Bala/Applicant: The applicant spoke on all of the questions and stated on the
record that this project would not bring conflict to any businesses. They will follow
guidelines and be in compliance.
STAFF UPDATE
VI ADJOURNMENT
Chairman Elio Guerrero adjourned the meeting.
Submitted by
Kinshannta Hall
Planning & Zoning Clerk
ATTEST:
Elio Guerrero
Chairman
11I Page
Level 1 Traffic Study
Recycling Facility at Opa-Locka
3805 NW 132nd Street
Opa-Locka, Florida
Richard Garcia & Associates, Inc.
May 17th, 2021
Recycling Facility at Opa-Locka Level 1 Traffic Study
Engineer's Certification
I, Richard Garcia, P.E. # 54886, certify that I currently hold an active Professional
Engineers License in the State of Florida and am competent through education
and experience to provide engineering services in the civil and traffic engineering
disciplines contained in this report. In addition, the firm Richard Garcia &
Associates, Inc. holds a Certificate of Authorization # 9592 in the State of Florida.
further certify that this report was prepared by me or under my responsible charge
as defined in Chapter 61G15-18.001 F.A.C. and that all statements, conclusions and
recommendations made herein are true and correct to the best of my knowledge
and ability.
PROJECT DESCRIPTION: Recycling Facility at Opa-Locka -
Level 1 Traffic Study
PROJECT LOCATION: 3805 NW 132nd Street
Opa-Locka, Florida
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RICHARD GARCIA & ASSOCIATES, INC.
Page ii
Recycling Facility at Opa-Locka Level 1 Traffic Study
TABLE OF CONTENTS
Engineer's Certification
Executive Summary 1
Introduction 2
Project Location / Description 2
Project Traffic 4
Trip Generation 4
Trip Distribution 5
Conclusion 8
LIST OF FIGURES
Figure 1: Location Map 2
Figure 2: Site Plan 3
Figure 3: TAZ Map 5
Figure 4: Driveway Trips - AM & PM Peak Hour 7
LIST OF TABLES
Table 1: Trip Generation - AM Peak Hour 4
Table 2: Trip Generation - PM Peak Hour 4
Table 3: Directional Trip Distribution Percentages 6
Table 4: Directional Trip Distribution 6
APPENDICES
Appendix 1: Trip Generation
Appendix 2: Trip Distribution & Driveway Trips
Kg/1 RICHARD GARCIA & ASSOCIATES, INC. Page iii
Recycling Facility at Opa-Locka Level 1 Traffic Study
Executive Summary
The objective of this report is to evaluate the trip generation associated with the
subject project. As such, a trip generation analysis was performed for a typical
weekday AM and PM peak hour (i.e. Adjacent Street Traffic). Lastly, this report
follows the Miami -Dade County Traffic Impact Study Standard methodology (Level
1).
The subject site is located on the northeast corner of NW 42/37 Avenue Connector
and NW 132nd Street in the City of Opa-Locka, Florida. This site currently has a truck
equipment repair facility with an administrative office that will remain as part of the
proposed project. The proposed project consists of a recycling facility (general
light industrial) with 43,904 square feet. This project build -out year is slated for 2022.
Moreover, the subject project will maintain the two (2) existing driveways on NW
132nd Street. The east driveway will operate as the entrance while the west
driveway will be exit only.
The trip generation analysis was performed consistent with the methodology
described in the Institute of Transportation Engineers (ITE) Trip Generation
Handbook, 3rd Edition while the trip generation characteristics were obtained from
ITE's Trip Generation Manual, 10th Edition. ITE's Land Use 110, as identified by the
Institute of Transportation Engineers (ITE), most closely resembles the proposed
project. The trip generation analysis was performed for a typical AM and PM peak
hour (i.e. Adjacent Street Traffic).
As a result, the trip generation calculations yielded 31 gross external trips (27 trips -in
& 4 trips -out) during the AM peak hour and 28 gross external trips (4 trips -in & 24
trips -out) during the PM peak hour. The gross external peak hour trips were
distributed consistent with the directional trip distribution percentages for the
project's Traffic Analysis Zone (TAZ) 273 as assigned by the Transportation Planning
Organization (TPO) on the Miami -Dade Long Range Transportation Plan (2045 LRTP)
Directional Trip Distribution Report, September 2019.
In conclusion, the Recycling Facility at Opa-Locka will generate 31 gross external
trips during the AM peak hour and 28 gross external trips during the PM peak hour.
These gross trips will have a de-minimis traffic impact at the adjacent roadways and
therefore, no additional traffic analysis is required or recommended at this time.
[IIClii
RICHARD GARCIA & ASSOCIATES, INC. Page 1
Recycling Facility at Opa-Locka Level 1 Traffic Study
Introduction
The purpose of this report is to evaluate the trip generation associated with the
proposed commercial center. As such, a trip generation analysis was performed
for a typical weekday AM and PM peak hour (i.e. Adjacent Street Traffic). Lastly,
this report follows the Miami -Dade County Traffic Impact Study Standard
methodology (Level 1).
Project Location / Description
The subject site is located on the northeast corner of NW 42/37 Avenue Connector
and NW 132nd Street in the City of Opa-Locka, Florida. This site currently has a truck
equipment repair facility with an administrative office that will remain as part of the
proposed project. The proposed project consists of a recycling facility (general
light industrial) with 43,904 square feet. This project build -out year is slated for 2022.
Moreover, the subject project will maintain the two (2) existing driveways on NW
132nd Street. The east driveway will operate as the entrance while the west
driveway will be exit only. Figure 1 depicts the site's location map while Figure 2 is
the site plan provided for illustrative purposes only.
Figure 1: Location Map
RICHARD GARCIA & ASSOCIATES, INC.
Page 2
Recycling Facility at Opa-Locka
Figure 2: Site Plan
Rn
T
0
kte
NW 1.32^d Sheet
am t CI
MIA RICHARD GARCIA & ASSOCIATES, INC.
Level 1 Traffic Study
1
Page 3
Recycling Facility at Opa-Locka Level 1 Traffic Study
Project Traffic
This section of the report describes the analysis for estimating the trip generation
associated with the subject project.
Trip Generation
rr=
The trip generation analysis was performed consistent with the
methodology described in the Institute of Transportation Engineers
(ITE) Trip Generation Handbook, 3rd Edition while the trip generation
characteristics were obtained from ITE's Trip Generation Manual, 10th
Edition. ITE's Land Use 110, as identified by the Institute of
Transportation Engineers (ITE), most closely resembles the proposed
project. The trip generation analysis was performed for a typical AM and PM peak
hour (i.e. Adjacent Street Traffic).
As a result, the trip generation calculations yielded 31 gross external trips (27 trips -in
& 4 trips -out) during the AM peak hour and 28 gross external trips (4 trips -in & 24
trips -out) during the PM peak hour. The ITE rates and percentages for the AM and
PM peak hour are included in Appendix 1. Tables 1 and 2 summarize the trip
generation calculations and results for the AM and PM peak hour, respectively.
Table 1: Trip Generation - AM Peak Hour
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATION
RATE
AM PEAK HOUR TRIPS
IN
OUT
TOTAL.
Proposed
General Light Industrial (Recycling Facility)
43.904 Th.SF.
110
0.70
27
4
31
External Trips (Proposed Site Gross Trips)
27
4
31
Notes:
Sources: ITE Trip Generation, 10th Edition & ITE Trip Generation Handbook, 3rd Edition.
Th.SF. 1,000 Square Feet
Table 2: Trip Generation - PM Peak Hour
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATION
RATE
PIVt IBC -At
;faOUf
TRIPS ?i
IN
OUT
TOTAL
Proposed
General Light Industrial (Recycling Facility)
43.904 Th.SF.
110
0.63
4
24
28
External Trips (Proposed Site Gross Trips)
4
24
28
Notes:
Sources: ITE Trip Generation, 10th Edition & ITE Trip Generation Handbook, 3rd Edition.
Th.SF =1,000 Square Feet
RICHARD GARCIA & ASSOCIATES, INC.
Page 4
Recycling Facility at Opa-Locka Level 1 Traffic Study
Trip Distribution
The subject project is located within the Traffic Analysis Zone (TAZ) 273 as assigned
by the Transportation Planning Organization (TPO) on the Miami -Dade Long Range
Transportation Plan (2045 LRTP) Directional Trip Distribution Report, September 2019.
As such, the trip distribution was performed consistent with the trip distribution
percentages of TAZ 273 and by interpolating between the 2015 and 2045 TAZ data
for the design year of 2022. Figure 3 depicts the TAZ map while the directional trip
distribution percentages are outlined in Table 3. Appendix 2 contains the
supporting documentation.
Figure 3: TAZ Map
165
287
286
276
277
255
257
Project's
Location
NW 135 Skeet
273
275
274
3
283
282
281
278
269
kcaRICHARD GARCIA & ASSOCIATES, INC. Page 5
Recycling Facility at Opa-Locka
Table 3: Directional Trip Distribution Percentages
DIRECTION
DISTRIBUTION PERCENTAGES (%)
MIAMI-DADE LRTP MODEL YEAR
DESIGN YEAR
2015
2045
2022
NNE
ENE.
ESE
SSE
SSW
NNW
17.40
17.30
7.90
12.10
18.00
8.80
6.20
12.30
14.80
16.00
6.00
14.50
17.30
11.30
7.50
12.60
16.79
17.00
7.46
12.66
17.84
9.38
6.50
12.37
TOTAL
100.00
100.00
100.00
Level 1 Traffic Study
Additionally, the net external trips have been further distributed into the four
quadrants: North, South, East and West. Table 4 contains the directional trip
distribution for the AM and PM peak hour while Figure 4 depicts the driveway trips
for the AM and PM peak hour.
Table 4: Directional Trip Distribution
DIRECTION
DISTRIBUTION (Y.)
DESIGN YEAR
DIRECTION
DISTRIBUTION
AM PEAK HOUR TRIPS
PM, PEAK HOURTRIPS::'.
IN
OUT
TOTAL
IN
OUT
TOTAL
NNE"
ENE;
E3E.
SSE
881N
1N81N
WNW
NNW
16,79
17.00
7.46
12,66
17,84
9.38
6'�
12.37
NORTH
EAST
SOUTH
WEST
29.16%
24.45%
30.50%
15.89%
8
7
8
4
1
1
2
0
9
8
10
4
1
1
2
0
7
6
7
4
8
7
9
4
TOTAL
100.00
100.00%
27
4
31
4
24
28
RCARICHARD GARCIA & ASSOCIATES, INC. Page 6
Level 1 Traffic Study
Recycling Facility at Opa-Locka
Figure 4: Driveway Trips - AM & PM Peak Hour
Driveways Peak HourTripsAM (PM)
KARICHARD GARCIA & ASSOCIATES, INC. Page 7
Recycling Facility at Opa-Locks Level 1 Traffic Study
Conclusion
In conclusion, the Recycling Facility at Opa-Locka will generate 31 gross external
trips during the AM peak hour and 28 gross external trips during the PM peak hour.
These gross trips will have a de-minimis traffic impact at the adjacent roadways and
therefore, no additional traffic analysis is required or recommended at this time.
KaRICHARD GARCIA & ASSOCIATES, INC. Page 8
Recycling Facility at Opa-Locka Level 1 Traffic Study
Appendix 1: Trip Generation
j 1.
1le.lY _ S
RICHARD GARCIA & ASSOCIATES, INC.
Appendix -
TABLE: Al
TRIP GENERATION ANALYSIS
AM PEAK HOUR
Project Name: Recycling Facility
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATION
RATE
AM PEAK HOUR TRIPS
v/o
IN
%
OUT
TOTAL
Proposed
General Light Industrial (Recycling Facility)
43. 904 Th.SF.
110
0 .70
88%
27
12%
4
31
External Trips (Proposed Site Gross Trips)
88 %
27
12 %
4
31
Notes:
Sources: 1TE Trip Generation, 10th Edition & 1TE Trip Generation Handbook, 3rd Edition_
Th.SF.= 1,000 Square Feet
t.
T ABLE: A2
TRIP GENERATION ANALYSIS
PM PEAK HOUR
Project Name: Recycling Facility
LAND USE (LU)
UNITS
ITE LU
CODE
ITE TRIP
GENERATION
R ATE
`
P.M PEAK
IN
HOUR
%
TRIP• .
OUT
TOTAL
%
Proposed
General Light Industrial (Recycling Facility)
43.904 Th. SF.
110
0.63
13%
4
87%
24
28
External Trips (Proposed Site Gro ss Trips)
13%
4
87 %
24
28
Notes:
Sources: 1TE Trip Generation, 10th Edition & ITE Trip Gen eration Handbook, 3rd Edition.
Th.SF. = 1,000 Square Feet
General Light Industrial
(110)
.5
5
401
5
.S
.5
..,d
S
Vehicle Trip Ends vs:
On a:
Setting/Location:
Number ofStudies;
'1000 Sq. Ft.
D „rectional
1000 Sq. Ft. GFA
Wee kday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 7 and 9 a.m.
General Urban/Suburban
rJ
73
Vehicle Trip Ger-trr2t ot1 per 1000 Sq. Ft. GFA
Data Plot and Equation
T = Trip Ends
300
200
100
X
x
X
x
X
X
X
-X
X
X
100 200
X= 1000 Sq. Ft. GFA
X Study Site
Fitted Curve Equation: Ln(T) = 0.74 Ln(X) + 0.39
Fitted Curve
300
- - - - Average Rate
R2=0.52
400
••o.
visor
Aar
Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199) 3
0000000000000000
0
0
0
General Light Industrial
(110)
Vehicle Trip Ends vs:
On a:
Setting/Location:
Number of Studies:
1000 Sq. Ft. GFA:
Directional Distribution:
1000 Sq. Ft. GFA
Weekday,
Peak Hour of Adjacent Street Traffic,
One Hour Between 4 and 6 p.m.
General Urban/Suburban
44
67
13% entering, 87% exiting
Vehicle Trip Generation per 1000 Sq. Ft. GFA
Average Rate Range of Rates
0.63
Data Plot and Equation
0.07 - 7.02
Standard Deviation
0.68
m
c
w
0.
400
300
200
100
x
X
100
X Study Site
200
X =1000 Sq. Ft. GFA
Fitted Curve Equation: Ln(T) = 0.69 Ln(X) + 0.43
Ftted Curve
300
- - Average Rate
R2=0.52
400
4 Trip Generation Manual 10th Edition • Volume 2: Data • Industrial (Land Uses 100-199)
mar
r
Recycling Facility at Opa-Locka Level 1 Traffic Study
Appendix 2: Trip Distribution & Driveway Trips
RICHARD GARCIA & ASSOCIATES, INC. Appendix - 2 -
DRIVEWAYS PEAK H OUR TRIPS
Project Name: Recycling Facility
i,
li
(
'
ii
ii
j'.
1,
(1
it
++ I, II
of it tI i
tll
k FL 2 II
1.11
,) I ,
•ti
NW 132 Street
C.r__
h.&
Driv eways Peak HourTrips AM (PM )
AM: To tal = 31 vph (27 Trips -In , 4 Trips -O ut)
PM : Total = 28 vph (4 Trips -in , 24 Trips -Out)
4
iG QiyZ£i if, P+ _
I
_ 27 (4)
c
.J 4
J
TABLE: A3
Cardinal Distribution
AM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DIRECTION
DISTRIBUTION (%)
DESIGN YEAR
DIRECTION
DISTRIBUTION
AM PEAK HOUR TRIPS
IN
OUT
TOTAL
NNE
ENE
ESE
SSE
SSW
WSW
WNW
NNW
16.79
17.00
7.46
12.66
17.84
9.38
6.50
12.37
NORTH
EAST
SOUTH
WEST
29.16%
24.45%
30.50%
15.89%
8
7
8
4
1
1
2
0
9
8
10
4
TOTAL
100.00
100.00%
27
4
31
29%
9
8 1
N
fi
0 '< :1 GROSS TRIPS - 7
AM PEAK HOUR
4
S
fi
2 8
10
30% )
Note:
Directional percentages circled
are rounded.
8 i 24%
-
TABLE: A3-1
Cardinal Distribution
AM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DISTRIBUTION PERCENTAGES (%)
AM PEAK HOUR TRIPS
DIRECTION
MIAMI-DADE LRTP MODEL YEAR
DESIGN YEAR
IN
OUT
TOTAL
2015
2045
2022
NNE
17.40
14.80
16.79
5
1
6
ENE
17,30
16.00
17.00
5
1
6
ESE
7.90
6.00
7.46
2
0
2
SSE
12.10
14.50
12.66
3
1
4
SSW
18,00
17.30
17.84
5
1
6
WSW
8.80
11.30
9.38
2
0
2
WNW
6.20
7.50
6.50
2
0
2
NNW
12.30
12.60
12.37
3
0
3
TOTAL
100.00
100.00
100.00
27
4
31
Note:
ti
Based on Miami -Dade Transportation Planning Organization 2045 LRTP Directional Trip Distribution Report, September 2019. Since the current data
is only available for the model years 2015 and 2045, the eight (8) cardinal directions were interpolated to the design year of 2022.
AM PEAK HOUR IN
TRIPS: 27
PERCENT: 87.10%
TABLE: A3.2
OUT TOTAL
4 31
12.90% (Calculated)
DIRECTION
DISTRIBUTION %
INGRESS
EGRESS
TOTAL
CALCULATED
USED
CALCULATED
USED
NINE
16.79
4.534
5
0.672
1
6
ENE
17.00
4.589
5
0.680
1
6
ESE
7.46
2.013
2
0.298
0
2
SSE
12.66
3.418
3
0.506
1
4
SSW
17.84
4.816
5
0.713
1
6
WSW
9.38
2.534
2
0.375
0
2
WNW
6.50
1.756
2
0.260
0
2
NNW
12.37
3.340
3
0.495
0
3
TOTAL
100.00
27.000
27
4.000
4
31
TABLE: A4
Cardinal Distribution
PM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DIRECTION
DISTRIBUTION %
DESIGN YEAR
DIRECTION
DISTRIBUTION
!'` 4; 'lpm 1717.0Hb4U�R
1T{f
' `
l- S'h ' `1 !'.�,!;;i
}`
IN
OUT
TOTAL
NNE
ENE
ESE
SSE
SSW
WSW
WNW
NNW
16.79
17.00
7.46
12.66
17.84
9.38
6.50
12.37
NORTH
EAST
SOUTH
WEST
29.16%
24.45%
30.50%
15.89%
1
1
2
0
7
6
7
4
8
7
9
4
TOTAL
100.00
100.00%
4
24
28
29%
8
1
7
4 <= ::1 GROSS TRIPS -
PM PEAK HOUR
0
ru
7
9
( 30% )
2
7 24%
Note:
Directional percentages circled
are rounded. t� 1
TABLE: A4-1
Cardinal Distribution
PM Peak Hour (Weekday)
Traffic Analysis Zone (TAZ) 273
Project Name: Recycling Facility
DISTRIBUTION PERCENTAGES (%)
PM PEAK HOUR TRIPS
DIRECTION
MIAMI-DADE LRTP MODEL YEAR
1DESIG NEAR('
IN
OUT
TOTAL
2015
2046 .
, ':>2022,
NNE
17.40
14.80
16.79
1
4
5
ENE
17.30
16.00
17.00
1
4
5
ESE
7.90
6.00
7.46
0
2
2
SSE
12.10
14.50
12.66
1
3
4
SSW
18.00
17.30
17.84
1
4
5
WSW
8.80
11.30
9.38
0
2
2
WNW
6.20
7.50
6.50
0
2
2
NNW
12.30
12.60
12.37
0
3
3
TOTAL
100.00
100.00
100.00
4
24
28
Based on Miami -Dade Transportation Planning Organization 2045 LRTP Directional Trip Distribution Report, September 2019. Since the current data is
only available for the model years 2015 and 2045, the eight (8) cardinal directions were interpolated to the design year of 2022.
TABLE: A4-2
PM PEAK HOUR IN
TRIPS: 4
PERCENT: 14.29%
OUT TOTAL
24 28
86.71% (Calculated)
DIRECTION
DISTRIBUTION %
INGRESS
EGRESS
TOTAL
CALCULATED
USED
CALCULATED
USED
NNE
16.79
0.672
1
4.030
4
5
ENE
17.00
0.680
1
4.079
4
5
ESE
7.46
0.298
0
1.790
2
2
SSE
12.66
0.506
1
3.038
3
4
SSW
17.84
0.713
1
4.281
4
5
WSW
9.38
0.375
0
2.252
2
2
WNW
6.50
0.260
0
1.561
2
2
NNW
12.37
0.495
0
2.969
3
3
TOTAL
100.00
4.000
4
24.000
24
28
fD 4D 4'3
, (�t{g� _..� =)42 i ) 4D 4; .) i" 41, , '') -) C r S'' I C1 • ) tlif" j ) C 4) 4D t:?' % C, 41, •' ; 4D
TR AFFIC ANALYSIS ZONE (TAZ)
Project's
Location
NW 135 Stre et
MIAMI -DADS TRANSPRATION PLANNING ORGANZATIIIM
'ff • /
r
ORT'
SEPTEMBER 2019
i Yifi
2C19451RTP
rw
269
269 3169
..._.- 270 ..'_._.-._..._ 3170
270 3170
271 3171
3171
3172
3172
15
271
272
272
261 ; 3161 Trips
261 r 3161 Percent
262 3162 Trips
262 3162 Percent
263 3163 Trips
263 3163 Percent
264 3164 Trips
264 3164 Percent
265 3165 Trips
265 3165 Percent
266 3166 Trips
266 3166 Percent
267 3167 Trips
267 3167 Percent
268 3168 Trips
268 3168 Percent
316.9 Trips
Percent
Trips
Percent
Trips
Percent
Trips
Percent
367 294 161 385 338 254 214
15.8 12.7 7.0 16.6 14.6 10.9 9.2
558 444 335 596 680 405 364
14.3 11.4 8.6 15.3 17.4 10.4 9.3
245 188 171 318 343 185 173
12.8 9.8 8.9 16.6 17.9 9.7 9.0
350 331 203 476 382 387 141
13.4 12.7 7.8 . 18.2 14.6 14.8 5.4
468 253 211 433 384 312 182
18.2 9.8 8.2 16.8 14.9 12.1 7.0
298 198 152 290 328 316 119
15.4 10.2 7.8 15.0 16.9 16.3 6.1
232 128 99 212 169 213 114
17.3 9.5 7.4 15.8 12.6 15.9 8.5
122 117 110 145 165 168 55
12.3 11.7 11.1 14.6 16.7 16.9 5.6
662 403 383 590 941 505 328
15.2 9.3 8.8 13.5 21.6 11.6 7.5
3,024 1,243 390 519 758 625 565
31.5 12.9 4.1 5.4 7.9 6.5 5.9
400 322 174 310 428 194 228
17.0 13.7 7.4 13.2 18.2 8.3 9.7
497 425 303 419 488 412 204
15.5 13.2 9.5 13.1 15.2 12.9 6.4
273 3173 Trips 395 394 180 276 409 201 142 280 2,325
273 3173 , Percent 17.4 17.3 7.9 12.1 18.0 8.8 6.2 12.3
274 3174 Trips
274 3174 Percent
275 3175 Trips
275 3175 Percent
276 3176 Trips
276 3176 Percent
277 3177 Trips
277. 3177 Percent
278 3178 Trips
278 3178 Percent
279 3179 Trips
279 3179 Percent
280 3180 Trips
280 3180 Percent
281 3181 Trips
281 3181 Percent
282 3182 Trips
282 3182 Percent
283 3183 Trips
283 3183 Percent
284 3184 Trips
284 3184 Percent
285 3185 Trips
285 3185 Percent
286 3186 Trips
286 3186 Percent
189
15.3
920
19.8
487
14.9
164
14.0
154
15.4
225
15.7
156
13.9
653
16.4
256
14.1
262
11.7
262
13.7
102
11.6
408
10.3
159
12.9
578
12.4
371
11.3
103
8.8
79
7.9
120
8.4
94
8.4
346
8.7
229
12.6
221
9.9
166
8.7
98
11.2
423
10.7
102
8.3
380
8.2
276
8.4
99
8.4
66
6.6
127
8.9
89
7.9
270
6.8
149
8.2
107
4.8
200
10.5
85
9.7
354
8.9
129
10.4
670
14.4
S19
15.9
207
17.6
125
12.5
166
11.6
141
12.6
641
16.0
287
15.9
450
20.1
384
20.1
170
19.3
832
21.0
256
20.8
742
16.0
639
19.5
227
19.3
230
23.0
298
20.9
205
18.3
856
21.4
431
23.8
315
14.1
261
13.7
119
13.5
651
16.5
148
12.0
542
11.7
330
10.1
130
11.1
142
14.2
186
13.1
203
18.1
577
14.4
217
12.0
412
18.4
283
14.8
94
10.8
566
14.3
94
7.6
325
7.0
190
5.8
119
10.1
77
7.7
118
8.3
99
8.8
287
7.2
84
4.6
146
6.5
150
7.9
76
8.7
296
7.5
305
13.2
517 4,002
13.3
295 1,943
15.4
342 2,689
13.1
334 2,591
13.0
239 1,955
12.3
176 1,354
13.1
112 1,011
11.2
543 4,399
12.5
2,491 9,620
25.9
293 2,364
12.5
461
14.4
157
12.7
491 4,665
10.6
462 3,296
14.1
127 1,177
10.8
128 1,001
12.8
189 1,447
13.2
134 1,145
11.9
364 4,145
9.1
158 1,815
8.7
327 2,282
14.6
203 1,920
10.6
134 887
15.3
426 4,014
10.8
2,375
3,363
1,242
45LRTP
c
261 3161
261 3161
262 3162
262 3162
263 3163
263 3163
264 3164
264 3164
265 3165
265 3165
266 3166
266 _3166
267 3167
267 3167
268 3168
268 3168
269 3169
269 3169
3170
3170
3171
3171
3172
3172
270
270
271
271
272
272
Trips 361 358 126 499 512 378 362 285 2,991
Percent 12.5 12.4 4.4 17.3 17.8 13.1 12.6 9.9
Trips 719 606 289 1,008 1,004 692 603 665 5,701
Percent 12.9 10,9 5.2 18.0 18.0 12.4 10.8 11.9
Trips 318 259 143 426 380 259 209 291 2,308
Percent 1.3.9 11.3 6.2 18.7 16.6 11.4 9.2 12.7
Trips 662 465 225 799 825 630 458 580 4,769
Percent 14.3 10.0 4.9 17.2 17.8 13.6 9.9 12.5
Trips 660 460 300 877 693 577 443 594 4,654
Percent 14.4 10.0 6.5 19.0 15.1 12.5 9.6 12.9
Trips 408 243 267 474 501 434 331 479 3,183
Percent 13.0 7.8 8.5 15.1 16.0 1.3.9 10.6 15.3
Trips 250 146 107 231 189 232 126 136 1,425
Percent 17.6 10.3 7.6 16.3 13.3 16.4 8.9 9.6
Trips 175 131 91 171 187 202 130 90 1,193
Percent 14.8 11.2 7.8 14.6 15.9 17.2 11.0 7.6
Trips 873 542 410 748 1,066 584 469 724 5,512
Percent 16.1 10.0 7.6 13.8 19.7 10.8 8.7 13.4
Trips 3,789 1,163 487 509 811 745 787 2,881 11,224
Percent 33.9 10.4 4.4 4.6 7.3 6.7 7.0 25.8
Trips 441 400 148 495 522 329 360 384 3,089
Percent 14.3 13.0 4.8 16.1 17,0 10.7 11.7 12.5
Trips 578 579 246 637 658 518 390 481 4,261
Percent 14.2 14.2 6.0 15.6 16.1 12.7 9.6 11.8
273 3173 Trips 422 455 171 414 491 323 212 359 2,941
273 3173 Percent 14.8 16.0 6.0 14.5 17.3 11.3 7.5 12.6
274 3174 Trips 211 199 106 231 262
274 3174 Percent 14.3 13.5 7.2 15.6 17.7
275 3175 Trips 896 834 417 867 1,015
275 3175 Percent 15.7 14.6 7.3 15.2 17.8
276 3176 Trips 582 590 463 858 883
276 3176 Percent 12.5 12.7 10.0 18.5 19.0
277 3177 Trips 171 152 91 274 254
277 3177 Percent 12.5 11.1 6.7 20.0 18.6
278 3178 Trips 386 262 162 342 523
278 3178 Percent 15.6 10.6 6.6 13.8 21.1
279 3179 Trips 234 200 169 260 354
279 3179 Percent 13.0 11.1 9.4 14.4 19.6
280 3180 Trips 165 170 98 209 234
280 3180 Percent 12.5 12.9 7.4 15.8 17.7
281 3181 Trips 638 449 369 850 937
281 3181 Percent 14.0 9.9 8.1 18.7 20.7
282 3182 Trips 289 177 177 366 413
282 3182 Percent 14.2 8,7 8.7 18.0 20.3
283 3183 Trips 232 274 182 558 353
283 3183 Percent 9.6 11.4 7.6 23.1 14.6
284 3184 Trips 309 229 215 523 364
284 3184 Percent 12.8 9.5 8.9 21.7 15.1
285 3185 Trips 171 150 119 252 179
285 3185 Percent 13.2 11.6 9.2 19.5 13.8
286 3186 Trips 498 498 325 896 752
286 3186 Percent 11.5 11.4 7.5 20.6 17.3
179
12.2
627
11.0
428
9.2
159
11.6
316
12.8
204
11.3
190
14.4
562
12,4
242
11.9
372
15.4
292
12.1
111
8.6
506
11.6
145
9.8
461
8.1
401
8.6
123
9.0
244
9.9
178
9.9
126
9.5
304
6.7
167
8.2
189
7.8
261
10.8
120
9.3
353
8.1
143
9.7
587 5,790
10.3
446 4,694
9.6
146 1,370
10.6
242 2,524
9.8
204 1,836
11.3
130 1,350
9.9
432 4,701
9.5
200 2,056
9.9
254 2,488
10.5
216 2,463
9.0
194 1,347
15.0
523 4,417
12.0
1,484
Memorandum
TO: John E. Pate, City Manager
FROM: Gregory Gay, PCD Director
Gerald Lee, Zoning Official/Planner
Corion DeLaine, City Planner
DATE: May 5th, 2021
RE: 3805 NW 132 Street, LLC: Commission Inquiries
Per the inquiries from the City Commission regarding the C&D Processing facility at 3805
NW 132nd Street, here are PCD Staff findings provided by the developer/business
operator.
. FOR SITE PLAN:
1. Stormwater drainage system: There is an existing City of Opa-locka approved
stormwater drainage system installed at the site.
During the DERM permitting process, additional stormwater drains shall be added
if the calculations require them.
There is no retention pond on -site.
2. Traffic Study: A traffic study of the proposed C&D MRF facility shall be conducted
and the report shall be submitted to the City of Opa-locka. The study is expected
to take a week. Approximately 95% of the incoming vehicles is expected to be 10
cubic -yard trucks bearing C&D materials and only 5% is expected to be 100 cubic -
yard trucks. The current capacity of the site is 50 x 100 cubic -yard trucks. When
the C&D facility is operational, the capacity shall be sufficient to handle all incoming
trucks.
FOR DA:
3. Employment Opportunities for Opa-locka residents: The number of new hires
is projected to be 5. Depending on the various job descriptions and skills needed
for each job, preference shall be given to the City residents.
4. Environmental Protection and long term impact: The basic environmental
issues for any facility are impacts to air, soil, groundwater and surface water.
Air: The C&D operations shall be performed in an enclosed building and
dust control shall be implemented using dust suppression units. These units
shall spray a fine mist of water over the tipping and process areas inside
the building. No material shall be stored, handled or loaded outside the
enclosed building. Delivery vehicles shall not be allowed to remove tarps
until prior to tipping inside the building. The site shall remain paved so that
vehicle movements shall not generate dust.
Groundwater and Soil: The C&D operations shall be conducted inside a
building and the demolition materials shall not be in contact with open
ground. The type of C&D materials accepted by the facility is dry in nature
with zero or negligible moisture content and will not runoff outside the
enclosed building. No material shall be stored, handled or loaded outside
the enclosed building. Delivery vehicles shall not be allowed to remove tarps
until prior to tipping inside the building. The site shall remain paved so that
the soil cannot be contaminated by any inadvertent C&D materials.
5. The DERM permit shall include the following:
Boundary Survey
Site Plan
Materials Storage/Processing Activities
Operations Plan
[Contingent
4Clo'sbure ,Plan,
uncial ssurance Cost Estimate Form °'(included as ' a 'template
merit)
mergency Plan,
Ater Monitoring Plan
�er, ,Management 'ermit(ifneeded,, needed, since.' there ;is' a current City
i system;]
*The City can include the highlighted requirements in the DA, for additional
reassurance.
Please note that once the DERM permit has been obtained and the facility is operational,
DERM inspectors shall be monitoring the activities at the facility for compliance with
DERM permit conditions. This is not a grandfathered facility; a new facility is subject to
all applicable codes of Miami -Dade County.
END OF MEMORANDUM
Florida Department of
Environmental Protection
Bob Martinez Center
2600 Blair Stone Road
Tallahassee, Florida 32399-2400
Print Form I
Reset Form
DEP Form # 62-701.900(28), F.A.C.
Form Title: Closure Cost Estimating Form
For Solid Waste Facilities
Effective Date: January 6, 2010
Incorporated in Rule 62-701.630(3), F.A.C.
CLOSURE COST ESTIMATING FORM FOR SOLID WASTE FACILITIES
Date of DEP Approval:
I. GENERAL INFORMATION:
Facility Name:
Permit Application or Consent Order No.:
Facility Address:
Permittee or Owner/Operator:
Mailing Address:
Latitude:
WAGS ID:
Expiration Date:
rI
Coordinate Method:
Collected by:
Solid Waste Disposal Units Included in Estimate:
Longitude:
Datum:
Company/Affiliation:
II
Phase / Cell
Acres
Date Unit
Began
Accepting
Waste
Active Life of
Unit From Date
of Initial Receipt
of Waste
If active:
Remaining
life of unit
If closed:
Date last
waste
received
If closed:
Official
date of
closing
Total disposal unit acreage included in this estimate: Closure:
Facility type: 0 Class I
(Check all that apply) ❑ Other:
Long -Term Care:
0 Class III 0 C&D Debris Disposal
II. TYPE OF FINANCIAL ASSURANCE DOCUMENT (Check type)
❑ Letter of Credit*
O Performance Bond*
❑ Guarantee Bond*
O Insurance Certificate
❑ Financial Test
❑ Trust Fund Agreement
* - Indicates mechanisms that require the use of a Standby Trust Fund Agreement
❑ Escrow Account
❑ Form 29 (FA Deferral)
Northwest District Northeast District Central District Southwest District South District Southeast District
160 Government Center 7825 Baymeadows Way, Ste. 6200 3319 Maguire Blvd., Ste. 232 13051 N. Telecom Pity. 2295 Victoria Ave., Ste. 364 400 N. Congress Ave., Ste. 200
Pensacola, FL 32502-5794 Jacksonville, FL 32256-7590 Orlando, FL 32803-3767 Temple Terrace, FL 33637 Fort Myers, FL 33901-3881 West Palm Beach, FL 33401
850-595-8360 904-807-3300 407-894-7555 813-832-7600 239-332-6975 561-681-6600
III. ESTIMATE ADJUSTMENT
40 CFR Part 264 Subpart H as adopted by reference in Rule 62-701.630, Florida Administrative Code, (F.A.C.) sets forth the method of
annual cost estimate adjustment. Cost estimates may be adjusted by using an inflation factor or by recalculating the maximum costs of
closure in current dollars. Select one of the methods of cost estimate ajustment below.
❑ (a) Inflation Factor Adjustment 0 (b) Recalculated or New Cost Estimates
Inflation adjustment using an inflation factor may only be made when a Department approved closure cost estimate exists and no changes
have occurred in the facility operation which would necessitate modification to the closure plan. The inflation factor is derived from the most
recent Implicit Price Deflator for Gross National Product published by the U.S. Department of Commerce in its survey of Current Business.
The inflation factor is the result of dividing the latest published annual Deflatory by the Deflator for the previous year. The inflation factor may
also be obtained from the Solid Waste website www.dep.state.fl.us/waste/categories/swfr or call the Financial Coordinator at (850) 245-8706.
This adjustment is based on the Department approved closing cost estimate dated:
Latest Department Approved
Closing Cost Estimate:
Current Year Inflation Inflation Adjusted Closing
Factor, e.g. 1.02 Cost Estimate:
x =
This adjustment is based on the Department approved long-term care cost estimate dated:
Latest Department Approved
Annual Long -Term Care
Cost Estimate:
x
Current Year Inflation
Factor, e.g. 1.02
Number of Years of Long Temi Care Remaining:
Inflation Adjusted Long -Term Care Cost Estimate:
x
Inflation Adjusted Annual
Long -Term Care Cost
Estimate:
Signature by: 0 Owner/Operator
0 Engineer (check what applies)
Signature Address
Name & Title City, State, Zip Code
Date E -Mail Address
Telephone Number
DEP FORM 62-701.900(28)
Effective January 6, 2010 2 of 9
IV. ESTIMATED CLOSING COST (check what applies)
0 Recalculated Cost Estimate ❑ New Facility Cost Estimate
Notes: 1. Cost estimates for the time period when the extent and manner of landfill operation makes closing most ext
2. Cost estimate must be certified by a professional engineer.
3. Cost estimates based on third party suppliers of material, equipment and labor at fair market value.
4. In some cases, a price quote in support of individual item estimates may be required.
Number
Description Unit of Units Cost ! Unit
1. Proposed Monitoring Wells (Do not include wells already in existence.)
EA
Subtotal Proposed Monitoring Wells:
2. Slope and Fill (bedding layer between waste and barrier layer):
Excavation CY
Placement and Spreading CY
Compaction CY
Off -Site Material CY
Delivery CY
3. Cover Material (Barrier Layer):
Off -Site Clay CY
Synthetics - 40 mil SY
Synthetics - GCL SY
Synthetics - Geonet SY
Synthetics - Other (explain)
4. Top Soil Cover:
Off -Site Material CY
Delivery CY
Spread CY
5. Vegetative Layer
Sodding SY
Hydroseeding AC
Fertilizer AC
Mulch AC
Other (explain)
6. Stormwater Control System:
Earthwork CY
Grading SY
Piping LF
Ditches LF
Berms LF
Control Structures EA
Other (explain)
Subtotal Slope and Fill:
Subtotal Cover Material:
Subtotal Top Soil Cover:
Subtotal Vegetative Layer:
Subtotal Stormwater Control System:
DEP FORM 62-701.900(28)
Effective January 6, 2010 3 of 9
Total Cost
Number
Description Unit of Units Cost / Unit Total Cost
7. Passive Gas Control:
Wells EA
Pipe and Fittings LF
Monitoring Probes EA _
NSPS/Title V requirements LS 1
Subtotal Passive Gas Control:
8. Active Gas Extraction Control:
Traps EA
Sumps EA
Flare Assembly EA
Flame Arrestor EA
Mist Eliminator EA
Flow Meter EA
Blowers EA
Collection System LF
Other (explain)
Subtotal Active Gas Extraction Control:
9. Security System:
Fencing LF
Gate(s) EA
Sign(s) EA
Subtotal Security System:
10. Engineering:
Closure Plan Report LS
Certified Engineering Drawings LS
NSPS/Title V Air Permit LS
Final Survey LS
Certification of Closure LS
Other (explain)
1
1
1
1
1
Subtotal Engineering:
Description Hours Cost / Hour Hours Cost / Hour Total Cost
11. Professional Services
Contract Management Quality Assurance
P.E. Supervisor
On -Site Engineer
Office Engineer
On -Site Technician
Other (explain)
Number
Description Unit of Units Cost / Unit Total Cost
Quality Assurance Testing LS 1
Subtotal Professional Services:
DEP FORM 62-701.900(28)
Effective January 6, 2010 4 of 9
Subtotal of 1-11 Above:
12. Contingency % of Subtotal of 1-11 Above
Subtotal Contingency:
Estimated Closing Cost Subtotal:
Description Total Cost
13. Site Specific Costs
Mobilization
Waste Tire Facility
Materials Recovery Facility
Special Wastes
Leachate Management System Modification
Other (explain)
Subtotal Site Specific Costs:
TOTAL ESTIMATED CLOSING COSTS ($):
DEP FORM 62-701.900(28)
Effective January 6, 2010
5 of 9
V. ANNUAL COST FOR LONG-TERM CARE
See 62-701.600(1)a.1., 62-701.620(1), 62-701.630(3)a. and 62-701.730(11)b. F.A.C. for required term length. For landfills
certified closed and Department accepted, enter the remaining long-term care length as "Other" and provide years remaining.
(Check Term Length) ❑ 5 Years D 20 Years ❑ 30 Years 0 Other, Years
Notes: 1. Cost estimates must be certified by a professional engineer.
2. Cost estimates based on third party suppliers of material, equipment and labor at fair market value.
3. In some cases, a price quote in support of individual item estimates may be required.
All items must be addressed. Attach a detailed explanation for all entries left blank.
Description
Sampling
Frequency Number of (Cost / Well) /
(Events / Year) Wells Event
Annual Cost
1. Groundwater Monitoring [62-701.510(6), and (8)(a)]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
2. Surface Water Monitoring [62-701.510(4), and (8)(b)]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
3. Gas Monitoring [62-701.400(10)]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
Subtotal Groundwater Monitoring:
Subtotal Surface Water Monitoring:
4. Leachate Monitoring [62-701.510(5), (6)(b) and 62-701.510(8)c]
Monthly 12
Quarterly 4
Semi -Annually 2
Annually 1
Other (explain)
Subtotal Gas Monitoring:
Subtotal Leachate Monitoring:
Number of
Description Unit Units / Year Cost / Unit Annual Cost
5. Leachate Collection/Treatment Systems Maintenance
Maintenance
Collection Pipes LF
Sumps, Traps EA
Lift Stations EA
Cleaning LS
Tanks EA
DEP FORM 62-701.900(28)
Effective January 6, 2010
6 of 9
Number of
Description Unit Units / Year Cost / Unit Annual Cost
5. (continued)
Impoundments
Liner Repair SY
Sludge Removal CY
Aeration Systems
Floating Aerators EA
Spray Aerators EA
Disposal
Off -site (Includes 1000 gallon
transportation and disposal)
6. Groundwater Monitoring Well Maintenance
Monitoring Wells LF
Replacement EA
Abandonment EA
7. Gas System Maintenance
Piping, Vents LF
Blowers EA
Flaring Units EA
Meters, Valves EA
Compressors EA
Flame Arrestors EA
Operation LS
8. Landscape Maintenance
Mowing AC
Fertilizer AC
Subtotal Leachate Collection / Treatment
Systems Maintenance:
Subtotal Groundwater Monitoring Well Maintenance:
9. Erosion Control and Cover Maintenance
Sodding SY
Regrading AC
Liner Repair SY
Clay CY
Subtotal Gas System Maintenance:
Subtotal Landscape Maintenance:
Subtotal Erosion Control and Cover Maintenance:
10. Storm Water Management System Maintenance
Conveyance Maintenance LS
Subtotal Storm Water Management System Maintenance:
11. Security System Maintenance
Fences L6
Gate(s) EA
Sign(s) EA
Subtotal Security System Maintenance:
DEP FORM 62-701.900(28)
Effective January 6, 2010 7 of 9
Number of
Description Unit Units / Year Cost / Unit Annual Cost
12. Utilities LS I
Subtotal Utilities:
13. Leachate Collection/Treatment Systems Operation
Operation
P.E. Supervisor HR
On -Site Engineer HR
Office Engineer HR
OnSite Technician HR
Materials LS 1
Subtotal Leachate Collection/Treatment Systems Operation:
14. Administrative
P.E. Supervisor HR
On -Site Engineer HR
Office Engineer HR
OnSite Technician HR
Other
Subtotal Administrative:
Subtotal of 1-14 Above:
15. Contingency % of Subtotal of 1-14 Above
Subtotal Contingency:
Number of
Description Unit Units / Year Cost / Unit Annual Cost
16. Site Specific Costs
Subtotal Site Specific Costs:
ANNUAL LONG-TERM CARE COST ($ / YEAR):
Number of Years of Long -Term Care:
TOTAL LONG-TERM CARE COST ($):
DEP FORM 62-701.900(28)
Effective January 6, 2010 8 of 9
VI. CERTIFICATION BY ENGINEER
This is to certify that the Cost Estimates pertaining to the engineering features of this solid waste management
facility have been examined by me and found to conform to engineering principles applicable to such facilities. In my
professional judgment, the Cost Estimates are a true, correct and complete representation of the financial liabilities
for closing and/or long-term care of the facility and comply with the requirements of Rule 62-701.630 F.A.C. and all
other Department of Environmental Protection rules, and statutes of the State of Florida. It is understood that the
Cost Estimates shall be submitted to the Department annually, revised or adjusted as required by Rule 62-
701.630(4), F.A.C.
Signature Mailing Address
Name and Title (please type) City, State, Zip Code
Date E -Mail address (if available)
Florida Registration Number Telephone Number
(please affix seal)
VII. SIGNATURE BY OWNER/OPERATOR
Signature of Applicant Mailing Address
Name and Title (please type) City, State, Zip Code
E -Mail address (if available) Telephone Number
DEP FORM 62-701.900(28)
Effective January 6, 2010 9 of 9
CITY OF OPA-LOCKA
"The Great City"
CLERK'S ACTION SUMMARY MINUTES
REGULAR COMMISSION MEETING
May 26, 2021
7:00 P.M.
1. CALL TO ORDER:
Mayor Matthew A. Pigatt called the meeting to order at 7:00 p.m. on May 26, 2021 at Sherbondy
Village, 215 Perviz Avenue, Opa-locka, Florida.
2. ROLL CALL:
The following members of the City Commission were present: Commissioner Alvin Burke,
Commissioner Chris Davis, Commissioner John H. Taylor Jr., Vice Mayor Veronica J. Williams
and Mayor Matthew A. Pigatt. Also in attendance were: City Manager John E. Pate, Assistant
City Manager George Ellis, City Attorney Burnadette Norris -Weeks, Assistant City Attorney
Candice Cobbs and City Clerk Joanna Flores.
3. INVOCATION:
The Invocation was delivered by Vice Mayor Williams.
4. PLEDGE OF ALLEGIANCE:
The Pledge of Allegiance was recited in unison.
5. AWARDS/PROCLAMATIONS/ACKNOWLEDGMENTS:
Vice Mayor Williams joined by the Mayor and City Commission presented an award to Jeffrey
Ramirez as a part of her I Am Opa-locka initiative.
6. APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions):
Mayor Pigatt pulled item 13-1.
It was moved by Commissioner Davis, seconded by Commissioner Taylor to pass the consent
agenda (agenda item 13-2).
The motion passed by a 5-0 vote.
Regular Commission Meeting Minutes — May 26, 2021 1
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Mayor Pigatt Yes
7. APPROVAL OF AGENDA:
It was moved by Commissioner Burke, seconded by Commissioner Taylor to approve the agenda.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Commissioner Davis Yes
Mayor Pigatt Yes
8. APPROVAL OF MINUTES:
Commission Priorities Workshop Meeting Minutes -- April 12, 2021
It was moved by Commissioner Burke, seconded by Commissioner Davis to approve the minutes
of the Commission Priorities Workshop Meeting on April 12, 2021.
There being no discussion, the motion passed by a 5-0 vote.
Vice Mayor Williams Yes
Commissioner Burke Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
Regular Commission Meeting Minutes — April 28, 2021
It was moved by Commissioner Williams, seconded by Commissioner Taylor to approve the
minutes of the Regular Commission Meeting on April 28, 2021.
There being no discussion, the motion passed by a 5-0 vote.
Commissioner Burke Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Regular Commission Meeting Minutes — May 26, 2021 2
Vice Mayor Williams Yes
Mayor Pigatt Yes
9. DISTRICT ONE / DISTRICT TWO - COUNTY COMMISSIONER REPORT:
There were none.
10. PUBLIC PRESENTATIONS:
Florida State Representative Dr. James Bush III of House District 109 reported that he is planning an in -
person town hall meeting to provide an update on the district, including the Opa-locka area, where he
offered to answer questions on some of the major substantive legislation that was passed during this
legislative session. Representative Bush stated that he is honored to have the privilege to serve the great
people and City of Opa-locka, noting that there are great things ahead that he is looking forward to being a
part of. He recalled that his history goes back almost forty-five years with the late Mayor Helen Miller, the
late Mayor Bob Ingram, Mayor John Riley, Mayor Myra Taylor, Mayor Joseph Kelley and Mother Kelley
who has gone on to be with our Lord. Expressing great pleasure to be able to address the citizens of the
City and provide a brief report on some of the appropriations that were put forth in the legislature, he
reported that this year, the passage of the $101.5 billion budget was the largest and most historic budget in
his thirteen years as a state representative. He pointed out that the federal government put in some dollars
to make the budget that big, and some things were done that will benefit the City, education and other areas
throughout the County and the State. The Representative shared that he was able to put a couple of
appropriation items into the House of Representatives general appropriations bill, which was HB 5001, to
bring back some funding for Opa-locka. Of those appropriations, the Representative explained that one of
them included $1,125,000 for the new police station in Opa-locka. The Representative thanked City
Manager Pate, Assistant City Manager Ellis and Public Works Director Airia Austin who provided him
with all of the necessary documentation and assisted in putting the package together to be presented before
the appropriations committees. He explained that at the beginning, $3 6 million was asked for, but the full
appropriations committee recommended fifty percent of that during the negotiations, which was $1.8
million, and then in the conference committee it was negotiated down to the final amount. The
Representative said that he was with the Governor over the past three days and has been keeping in touch
with his office and stated that once the Governor makes his final decision, he hopes the City will receive
the appropriation. He also reported on the bill that was approved to assist the Parks & Recreation
Department which included $100,000 to help with fencing and security. Noting that those two items are
key, he said that he has been working for the past three years to try and get a police station for the City of
Opa-locka and asked for the Commission's prayers as he goes back next legislative session to ask for more
money so that the City can possibly one day have a new police station, in addition to funding other projects.
Representative Bush also reported that he has worked very closely with Manager Pate dealing with other
issues in the City, including moving very swiftly to address the flooding situation at the Glorieta Gardens
Apartments. He stated that they are getting closer to being able to have thirty-seven families return to
Glorieta Gardens, who are now in hotels because of the major flooding several months ago. He thanked
the City Manager and the owners of Glorieta Gardens, and the entire team involved in bringing the issue to
a closure and stated that he will come back to discuss the progress that is being made. Representative Bush
reminded everyone that he is located in the great City of Opa-locka at 13300 NW 27th Avenue and can be
reached at 305.953.3086 or via email at james.bush@myfloridahouse.gov, urging constituents to contact
Regular Commission Meeting Minutes — May 26, 2021 3
his office if they would like to discuss any issues. The Representative also encouraged everyone to contact
his office about the additional bills that were passed this legislative session, offering to provide them copies
of the bills and answer any questions that they had. Representative Bush thanked the Commission for the
opportunity to come before the people of the great City of Opa-locka and stated that he is looking forward
to continuing representing them in the 109th District of the Florida House of Representatives.
Commissioner Burke thanked Representative Bush from the bottom of his heart for all of the great work
that he has been doing on behalf of the City of Opa-locka. Recognizing that the Representative has always
had a connection to the City's Police Department, he expressed appreciation for the great job with what he
was able to get for the police. The Commissioner also shared his appreciation for all of the work that the
Representative has done on behalf of the people of the great City of Opa-locka, stating that over all of the
years that he has been on the Commission, the City has never had a representative work as hard as
Representative Bush.
Vice Mayor Williams thanked Representative Bush wholeheartedly for all of the tremendous work he
accomplished this legislative season. Noting that the Representative has a track record over the years of
making things happen, she extended gratitude and appreciation on behalf of Opa-locka for bringing as much
money as he did into the City, that will allow the Commission to see the fruits of their labor for years to
come. The Vice Mayor committed to continue forging the partnership with the Representative,
acknowledging that he has always told her that his door is open and phone lines are available.
Commissioner Davis thanked Representative Bush and recognized him as a mentor and advocate of the
great City of Opa-locka. The Commissioner stated that he is sure that residents will benefit extremely from
a new police headquarters, in addition to the benefits from the funds that were pledged for the Parks &
Recreation Department to aid senior services. From the bottom of his heart in the sincerest manner, on
behalf of residents and his colleagues on the Commission and those who run the day-to-day operations of
the City, the Commissioner expressed appreciation for the Representative's push and fight that has been
years in the making. The Commissioner thanked the Representative for all of the work he does and urged
him to continue being a light.
Commissioner Taylor thanked Representative Bush for everything he is doing and that he is going to do for
the City of Opa-locka.
Mayor Pigatt echoed the sentiments of his colleagues who he said had already stated everything that needs
to be said on behalf of the City. The Mayor recognized Representative Bush's constant day-to-day fight in
Tallahassee for the City's residents to bring home the funds that are needed to move Opa-locka forward.
He stated that this is the first time in quite a few years that Opa-locka receives funds from Tallahassee and
acknowledged that it is largely due to the Representative's work to build relationships and connections on
behalf of the City. The Mayor noted that Representative Bush's success in securing funds for Opa-locka
was thanks to his years of experience over the decades as a Representative of the district. He also pointed
out that the work that the Representative is doing in Glorieta Gardens Apartments to address the flooding
on behalf of the people, is impacting the lives of hundreds of families in preparation for this flooding season.
The Mayor stated that the Commission is thankful and happy that the Representative is going above and
beyond the call of duty to assist Opa-locka.
Regular Commission Meeting Minutes — May 26, 2021 4
Representative Bush thanked Mayor Pigatt and stated that he is quite sure that Helen Miller, Bob Ingram
and all of the rest of Opa-locka's deceased leaders, are smiling in Heaven seeing the Commission taking
care of business on the dais. The Representative urged the Commission to continue to do good work.
11. CITIZENS' FORUM:
(Opportunity for discussion of any concerns — please limit to 3 minutes)
Clerk Flores announced the protocol for public participation at City Commission meetings.
Mayor Pigatt informed those who connected to the meeting on Zoom, to use the "raise your hand"
function if they wish to speak and he opened the floor for the Citizens' Forum.
There being no persons to speak, the public input portion of Citizen's Forum was closed.
12. ACTION ITEMS (items from consent agenda pull list):
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT WITH BEA ARCHITECTS, INC. FOR CONTINUING PROFESSIONAL
ARCHITECTURAL AND ENGINEERING CONSULTING SERVICES FOR THE
RESTORATION DESIGN OF THE HISTORIC FIRE STATION AND FORMER HUMAN
RESOURCES BUILDING WITHIN THE CITY; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
It was moved by Commissioner Burke, seconded by Vice Mayor Williams to discuss the
resolution.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate asked Capital Improvement Program Director Airia Austin to present the item.
Capital Improvement Program Director Airia Austin explained that the item provides for the
assessment of the structural integrity of the historic Fire Station and former human resources
building within the City, and the development of plans, should the facility warrant moving forward
with construction. Mr. Austin added that the item is also going to provide a dollar value for the
construction work ahead, as it is put out for a bid. He stated that he would be happy to answer any
questions that the Commission had.
Mayor Pigatt opened the floor for discussion and questions on the item and stated that he pulled
the item, noting that he thinks it is an amazing item. The Mayor asserted that as the Commission
looks to develop the historic City Hall complex, it is very important that the historic firefighter
building, and the human resources building be taken into consideration. In looking at the
Regular Commission Meeting Minutes — May 26, 2021 5
documents, the Mayor said he wanted to get a clear understanding of the purpose that the buildings
will be used for, considering how they are going to work with the City Hall restoration.
Specifically, he asked what the end use will be for the two facilities that are going to be assessed
and developed.
Capital Improvement Program Director Airia Austin explained that the immediate use of the
former human resources building will be support of the field operations for the Parks Department
and an ancillary facility for any functions at the historic City Hall. Mr. Austin also stated that
several individuals were interested in utilizing the Fire Station as a Firefighters museum.
Mayor Pigatt asked if there was a museum association or group that is involved who would manage
the Firefighters museum.
Capital Improvement Program Director Airia Austin informed the Commission that the Black
Firefighters have expressed interest in creating a museum.
Mayor Pigatt asked where the funding for the assessment of the historic Fire Station and human
resources building will be coming from.
Capital Improvement Program Director Airia Austin explained that the funding for this aspect of
the project is going to be coming from a grant until it is taken out of the City coffers.
Commissioner Davis pointed out that the item is just ratifying the agreement between BEA
Architects and the City but asked if this project will be done simultaneously with the rehabilitation
of City Hall.
Capital Improvement Program Director Airia Austin stated that he is hopeful for the project to be
done simultaneously with the rehabilitation of City Hall. Mr. Austin explained that the process
allows them to have a cost ready set of drawings, making it a shovel ready project should they
need to apply for a grant.
Commissioner Davis asked if the historical designation that the State of Florida has granted to
Historic City Hall, also extends to the Fire Station and to the Human Resources building.
Capital Improvement Program Director Airia Austin explained that the state has designated the
Fire Station as a historic building but has not granted that designation to the Human Resources
building.
Commissioner Davis asked Capital Improvement Program Director Airia Austin if there is
anything the City can do to have the state designate a building as historic.
Capital Improvement Program Director Airia Austin said that he had not researched the process
for having the state designate a building as historic but committed to doing so.
Regular Commission Meeting Minutes — May 26, 2021 6
Commissioner Davis pointed out that historic designation brings many benefits and made a formal
request for Capital Improvement Program Director Airia Austin to determine what the options are
to have the state grant historic designation to a building, and how it could potentially have a long-
term impact on the project.
Vice Mayor Williams asked Capital Improvement Program Director Airia Austin what costs the
grant will cover.
Capital Improvement Program Director Airia Austin explained that the grant will just cover the
engineering study. Once design and construction drawings have been produced, Mr. Austin stated
that the application for construction will move forward.
Vice Mayor Williams asked Capital Improvement Program Director Airia Austin if the City of
Opa-locka will have to finance the project through its budget, after the grant pays for the
engineering.
Capital Improvement Program Director Airia Austin explained that after the grant pays for the
engineering, the project will need to be put out to bid and a determination on how it will be funded
would be made at that time.
There being no further discussion, the resolution passed by a 5 -0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Mayor Pigatt Yes
Mayor Pigatt reminded City Attorney Norris -Weeks that the Commission passed consent agenda
item 13-2 and noted that it had to be modified at last night's Community Redevelopment Agency
meeting, so that it could be a joint application with the City. The Mayor asked the City Attorney
for additional guidance on the item.
City Attorney Norris -Weeks recommended that the item be pulled and have the appropriate motion
made to include what was done at the Community Redevelopment Agency meeting, and then said
her office will make the change and provide it to Clerk Flores so that it can be a joint application.
Mayor Pigatt asked if there was a motion to amend the Commission meeting agenda to pull item
13-2 from the consent agenda.
It was moved by Commissioner Davis, seconded by Commissioner Taylor to amend the agenda
and pull Item 13-2 from the Consent Agenda.
Regular Commission Meeting Minutes — May 26, 2021 7
There being no further discussion, the motion passed by a 5 -0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Commissioner Davis Yes
Mayor Pigatt Yes
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA AUTHORIZING THE CITY MANAGER TO SUBMIT AN APPLICATION FOR
PARTICIPATION IN THE FLORIDA MAIN STREET PROGRAM; PROVIDING FOR
REPRESENTATIONS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
It was moved by Commissioner Burke, seconded by Commissioner Davis to discuss the resolution.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate asked Planning & Community Development Director Gregory Gay to present
the item.
Planning & Community Development Director Gregory Gay stated that the item authorizes the
City Manager to submit an application for Opa-locka to be part of the Florida Main Street Program,
focusing on the downtown area and opportunities, retain historical properties as well as exploring
economic opportunities for development. Mr. Gay explained that the application was looked at
last year, but all of the documentation and support was not in place. He informed the Commission
that his department was afforded the opportunity to be a part of the application process this year,
which begins on June 1st. With the approval of the Commission, Mr. Gay stated that it is his
department's intention is to move forward with the joint application between the City of Opa-locka
and the Opa-locka Community Redevelopment Agency. Mr. Gay reported that the application is
due September 1st, providing two months to put everything in place to move the application
forward. He offered to address any questions the Commission had.
Mayor Pigatt, noting that the item is sponsored by City Manager Pate, asked if he would agree to
a friendly amendment, to make the changes necessary so that the resolution reflects the joint
application for the Florida Main Street Program, between the City of Opa-locka and the Opa-locka
Community Redevelopment Agency.
City Manager Pate agreed to amend the item to reflect a joint application for the Florida Main
Street Program, between the City of Opa-locka and the Opa-locka Community Redevelopment
Agency.
Regular Commission Meeting Minutes — May 26, 2021 8
Mayor Pigatt asked City Attorney Norris -Weeks what exact change needed to be made to the item.
City Attorney Norris -Weeks explained that the item needed to be changed to reflect the joint
application between the Opa-locka Community Redevelopment Agency and the City of Opa-
locka. If a member of the Commission ensured that the change is included in an amendment,
Attorney Norris -Weeks said that her office will make the change to the item.
Mayor Pigatt stated that the item had been amended by City Manager Pate to reflect a joint
application between the City of Opa-locka and the Opa-locka Community Redevelopment Agency
for the Florida Main Street Program. The Mayor asked the Commission if they had any comments.
He reported that he met with the director of the program, and said that it is an amazing opportunity,
requesting that she present to the Commission. He explained that one of the key components of
the program to establish a historic district in the City, will be to have an engaged community that
will continue the program beyond the initial five -to -ten-year process, with a community board that
will make sure the program moves forward. The Mayor characterized it as a historic preservation
and economic development plan that needs the support of the community. He strongly encouraged
those interested to be a part of this development in the City as the application process moves
forward. Offering much respect for Planning & Community Development Director Gregory Gay
and all those involved in making sure the program was brought forth, the Mayor said that he looks
forward to hearing more.
There being no further discussion, the amended resolution passed by a 5-0 vote.
Vice Mayor Williams Yes
Commissioner Burke Yes
Commissioner Davis Yes
Commissioner Taylor Yes
Mayor Pigatt Yes
13. ADMINISTRATION:
CONSENT AGENDA:
14. NEW ITEMS:
15. PLANNING & ZONING:
A. PUBLIC HEARINGS:
1. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING THE FINAL SITE PLAN FOR THE CONSTRUCTION AND
OPERATION OF A CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY
ON THE PROPERTY LOCATED AT 3805 NW 132ND STREET IDENi'iFIED BY FOLIO 08 -2129 -
Regular Commission Meeting Minutes — May 26, 2021 9
010-0090, IN THE I-3 ZONING DISTRICT; PROVIDING FOR SCRIVENER'S ERRORS;
PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City Manager Deferred from RCM
04/28/2021
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay to introduce the
item.
Community Development Director Gregory Gay stated that items 15-A-1, 15-A-2 and 16-B-1 are
companion items. Mr. Gay explained that item 15-A-1 deals with the site plan for the project. He
stated that presently the site is being utilized as a truck parking facility and the property owners
are looking to expand their operations to include a construction and demolition waste processing
facility. Mr. Gay informed the Commission that the property owners intend to build a 40,000
square foot structure on the 4.7 -acre site, where construction and demolition materials will be
processed within a wholly enclosed building. Some of the features that are a part of the site plan
described by Mr. Gay include the proper stacking of the vehicles coming in, accommodating
approximately fifteen vehicles within their que at one time to unload the construction and
demolition debris for processing. He said that the property owners assured his department that
they will not have any vehicles off of the property and provided an updated study to address the
traffic issues. In consideration of the fact that the roadway adjacent to the area is somewhat prone
to flooding during heavy rain events, Mr. Gay said that his department has been assured that they
have enough French drains on the site to accommodate a major storm and adequately address
stormwater retention on their site. Mr. Gay reported that as part of the permitting process, the
project is subject to impact fees associated with water and sewer, public safety, storm water and
roadway improvements. He asked the Commission to also allow him to speak on the second item
regarding the development agreement and stated that it basically addresses many of the concerns
related to the development process itself, including the timing of the permitting process as well as
the requirements that the Miami -Dade County Department of Environmental Resource
Management has placed on the site for approval through their permitting process. Mr. Gay
explained that the last item deals with the zoning change to have the property changed from I-3 to
I-2, to allow the processing facility to operate on the site. He reminded the Commission that the
item passed on first reading and his department is bringing it before the Commission on second
reading. Mr. Gay stated that he and the consultant are available to address any particular concerns
the Commission has.
Mayor Pigatt opened the public hearing on the item.
Marc Cooper of 25th Avenue Warehouse LLC, located at 15060 NW 22nd Avenue, Opa-locka,
FL 33054 thanked the Commission for the effort they put in, acknowledging that his family
benefits from all their great work. Mr. Cooper voiced his opposition to the project and stated that
he had dropped off a packet for each member of the Commission. He shared that his Mother was
Regular Commission Meeting Minutes — May 26, 2021 10
sick with cancer back in May and he flew her into town from Peru, and she passed away on July
6th. It was during that time that he reported that someone had dumped garbage in front of his
business and Miami -Dade County cited him for $500. Because he was dealing with his Mom's
situation, Mr. Cooper said that by the time he finally got around to paying it, the citation had grown
to $5,000 in addition to the garbage invoice he paid that totaled $480. He explained that in dealing
with Miami -Dade County, he learned that commercial property owners have no right to fight this
and are responsible for the swales in front of their properties, having to make sure no one dumps
garbage. Mr. Cooper asserted that Opa-locka has an epidemic of illegal dumping, noting that the
area was better policed when the Police Department was on Ali Baba Avenue, but now that they
are at City Hall, the area from 147th Street to 150th Street has become a dumping site and he
provided the Commission with pictures illustrating that. He said that in his opinion it doesn't make
sense to change the zoning to allow a property owner to use twenty percent of their property to
build a building while sucking up the municipal resources with the garbage that is brought into the
City, rather than maximizing the tax base and forcing them to build a bigger building. Mr. Cooper
pointed out that there is no way to police illegal dumping because it is a crime of opportunity,
calling himself a vigilante dealing with garbage that is dumped outside his place when he leaves
his business on the weekends and returns on Monday. Pointing out that zoning is supposed to
bring to the City the best use of a property, Mr. Cooper lamented that the proposed item would
allow the owner to build a 40,000 sq. ft. building when they could build a 120,000 sq. ft. building
that would generate $30,000 in additional taxes annually for the City. Recalling that Vice Mayor
Williams had asked Community Development Director Gregory Gay what the benefit to the City
was from the proposal and that Mr. Gay had stated that the company would pay impact fees, Mr.
Cooper stated that impact fees are paid one time and go to the County. Also recalling that Mr.
Gay suggested the company might bring employment, Mr. Cooper pointed out that the property
next door is already a dump site that is run by three people and thus setting aside 5% or 10% of
six employees would provide nothing in benefit to the City. He stressed that in his opinion, the
City will just get inundated with more garbage. Mr. Cooper said that he included a map in the
packet he provided to the Commission which showed that the property is located right on 37th
Avenue and suggested that the business be allowed to develop a warehouse and have the City use
the funding to help repair the sewers in the area, where he acknowledged he owns property.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Commissioner Davis, seconded by Vice Mayor Williams to discuss the
resolution.
Commissioner Burke reminded the Commission that Opa-locka has a big waste property on the
west side of the City that probably won't be able to be used for years. Asserting that the
Commission has to stop letting people think that Opa-locka is a dumping site, the Commissioner
stated that he can't support any more businesses of this type coming to the City. Noting that the
Regular Commission Meeting Minutes — May 26, 2021 11
demolition from old buildings will bring asbestos and all kinds of garbage into the City,
Commissioner Burke said that he is sure that the Community Development Department could have
come up with something better to be done with the property.
Vice Mayor Williams stated that in the six months she has been on the Commission, she has been
very clear on beautification projects and illegal dumping and said that she cannot support the item.
The Vice Mayor said that she has been very clear during agenda briefmgs, meetings with the City
Manager's Office and the Community Redevelopment Agency that the Commission has to see
something different. She expressed that she feels it is ridiculous to continue seeing these types of
resolutions come across the Commission's table. The Vice Mayor reminded everyone that the
members of the Commission live in Opa-locka and said that she believes that if those that proposed
the item also lived in Opa-locka, these items would not be seen. Asserting that those who proposed
the item should ask themselves if they would want this in their backyard, she guaranteed their
answer would be "No" and asked them not to bring it into her backyard.
Commissioner Davis recalled that when the item was first brought before the Commission, his
colleagues brought up concerns about the businesses' environmental impact as well as bringing an
oversaturation of certain businesses like junk yards, salvage yards, gas stations and other car
businesses. The Commissioner stated that he is in line with his colleagues and said that he doesn't
feel that the City would profit from another junk business. He asserted that he believes the
residents of Opa-locka deserve better, and that they placed the members of the Commission in
office to give them better. Commissioner Davis said that being presented as is, he just can't
support the project.
City Manager Pate asked to have Community Development Director Gregory Gay speak on some
of the concerns that were brought up by the Commission, prior to the vote on the item.
Community Development Director Gregory Gay stated that his department provided the
Commission with a memo to address many of their concerns. Mr. Gay noted that some of the
concerns the Commission had are within the control of his department, but he reminded them that
what the zoning code allows has to be taken into consideration. He pointed out that it is not a
matter of his department bringing a project to the Commission, but rather that if the zoning code
allows a project to go through the process, it has to be presented to the Commission. Mr. Gay
reiterated that the site is currently and will probably continue being used to park trucks that
normally move construction and demolition debris, because the company has the right within the
zoning code to do so. He explained that the developer is seeking to process the demolition debris
that those trucks are already moving around within the community and Miami -Dade County. Mr.
Gay asked the Commission to take into consideration that the zoning is what it is until the
Commission decides to change it. He acknowledged that there may be opportunities for the
building of a larger warehouse facility if the property owner decided to do so, and it would go
through the same process that is being presented before the Commission. Mr. Gay also stated that
Regular Commission Meeting Minutes — May 26, 2021 12
the company is looking to hire between five and seven employees in addition to the ones that
currently drive the trucks. He said that the company looked at the environmental, storm water and
traffic concerns, and reminded the Commission that a traffic study was provided to give them a
better understanding of how the traffic will respond to the vehicles that are already on the site and
would now be coming to and from the site. Mr. Gay also reiterated that he and the consultants are
available and can address the Commission's concerns more specifically.
City Attorney Norris -Weeks suggested that the Commission have as much information as they can
before they vote. She cautioned that if a piece of property is zoned for a certain use, the
Commission should understand what could happen if they deny the special exception and what
else the property owner can do. Attorney Norris -Weeks pointed out that what the zoning code
allows must be considered, despite what the Commission wants. She stated that there are certain
things that the Commission can do that will not infringe on the applicant's property rights.
Attorney Norris -Weeks recommended that the Commission invite the professionals that
Community Development Director Gregory Gay said were available to educate them on their
options.
Commissioner Davis asked City Attorney Norris -Weeks if the Commission should refer the
request to her, considering that she is the City's legal counsel and is familiar with the zoning code,
as opposed to an outside entity.
City Attorney Norris -Weeks pointed out that while she can check if there is a certain issue with
the zoning code, because it is all the Community Development Department does, they will be most
familiar with the code. Attorney Norris -Weeks explained that the legal issue is denying something
that the zoning code allows and said that she thinks the experts will be able to speak to that, once
again suggesting that the Commission allow for it to take place.
Commissioner Davis reminded the Commission that he sat on the Zoning Board and stated that
when an entity requires a variance or a special exception, it is usually a decision of the zoning
board or in this instance, is a decision of the Commission. The Commissioner asked what the legal
ramifications were for the special exception.
Community Development Director Gregory Gay clarified that because of the way the agenda is
organized, the zoning change by ordinance on the second reading comes after the two resolutions
to approve the site plan and the development agreement. Mr. Gay explained that it is the zoning
change that will allow the construction and demolition operation to occur at the site. He said that
if he could present them as a package, he would present the zoning change ordinance first because
it pretty much determines if the other two items should proceed forward. Mr. Gay explained that
what is proposed in the site plan is allowed because it is basically a 40,000 sq. ft. warehouse facility
on a 4.7 -acre site and what it is used for is not determined by the site plan. He also explained that
the second item addresses the development agreement, including going through the Miami -Dade
County Department of Environmental Resource Management review process, in addition to the
Regular Commission Meeting Minutes — May 26, 2021 13
City's permitting process. Mr. Gay reiterated that the environmental engineering consultant Bala
Somasundaram was available if the Commission wanted more specific information, being that she
was the person who shepherded the project through the process.
Commissioner Davis stated his understanding that the Commission's hands are pretty much tied
because the company can ultimately operate within the zoning code.
Community Development Director Gregory Gay clarified that what is being designed for the site
is within the zoning code, and the development agreement is an agreement on the process for what
is being built on the site. Mr. Gay reiterated that the main component that the Commission needs
to make a decision on regarding the construction and demolition processing facility, is the zoning
change.
Commissioner Davis asked what the legal ramifications were for not approving the special
exception zoning change.
City Attorney Norris -Weeks explained that the items that are on the agenda are in a legal form,
and everything is as it is supposed to be. Noting that the Commission has not yet reached the
special zoning exception on the agenda yet, Attorney Norris -Weeks stated that the current code
allows for the proposed site plan, which the Commission needs to be aware of if their decision is
to deny the first item. She pointed out that the Commission does have control over certain things,
suggesting that they can look at the special exception issues or something could be renegotiated,
but does not want them to walk into an issue with something that the code allows for.
Commissioner Davis restated his understanding that based on how he heard the information
presented, the company can legally operate based on the site plan. The Commissioner stated that
he didn't hear a clear answer on whether or not the City can be sued or have any action taken
against it, if the site plan wasn't approved.
City Attorney Norris -Weeks stated that she would prefer not to put something on the record saying
that the City can be sued or not, pointing out that she represents the City and thus is being very
careful with the words she is using, so that nothing she says is used against the City.
Commissioner Davis stated he understood.
Commissioner Burke asked City Attorney Norris -Weeks if something is allowed in the City's
code, if the Commission has to allow it. The Commissioner stated that he is sure that some cities
have things that are allowed in their code, but they pick and choose what they want to come into
their city.
City Attorney Norris -Weeks explained that the zoning district is industrial which allows for the
use being proposed. Attorney Norris -Weeks stated that she is saying that if something is allowed
in the City's code, that the Commission has to allow it.
Regular Commission Meeting Minutes — May 26, 2021 14
Community Development Director Gregory Gay recalled that a while back the Commission asked
for information regarding the I-2 and I-3 designations. Mr. Gay explained that I-2 is a liberal
industrial use which allows for construction and demolition operations, outdoor storage and a
variety of different things that are industrial related uses. He went on to explain that the I-3
designation is for planned industrial uses, more oriented toward warehousing, allowing for the
parking of vehicles and logistical uses that are appropriate within the City. Mr. Gay reminded the
Commission that the property in question is zoned with an I-3 designation, allowing for the parking
of the trucks. As he previously stated, Mr. Gay explained that the property owner is looking to
expand his operation to have a construction and demolition processing facility, which the I-2
designation allows only if it is within a wholly enclosed building. Mr. Gay acknowledged that the
City has some situations but assured the Commission that this is one particular situation where the
property owner is looking at following the City's code. As he explained, the property owner's
request would be appropriate for the use that he is seeking to expand into. Hoping that he provided
a little bit more clarity, Mr. Gay pointed out that as long as a property is within an industrial area,
there will be industrial uses based on the way the zoning code is crafted.
Commissioner Taylor asked Community Development Director Gregory Gay if the site is
currently being used as a parking lot.
Community Development Director Gregory Gay confirmed that the site is used as a parking lot
for heavy vehicles and trucks, which are just parking there at this time.
Commissioner Taylor asked Community Development Director Gregory Gay if the proposal
included the construction of an enclosed dumping site.
Community Development Director Gregory Gay explained that the proposal is for an enclosed
facility to process construction and demolition debris on the site. Mr. Gay reiterated that the trucks
would no longer be just parking on the site but would be bringing materials to the site to be
processed.
Commissioner Taylor asked Community Development Director Gregory Gay to clarify if the
City's zoning code allows for the proposed use as a construction and demolition debris processing
site at this moment.
Community Development Director Gregory Gay confirmed that the City's zoning code allows for
the site to be used for construction and demolition debris processing, with the zoning change that
is before the Commission which would change the property's designation from I-3 to I-2.
Commissioner Davis stated his understanding that what is before the Commission are the items
for the property's site plan, development agreement and a special exception.
Regular Commission Meeting Minutes — May 26, 2021 15
Community Development Director Gregory Gay clarified that there is no special exception being
proposed for the property and that the item before the Commission is a zoning change.
Commissioner Davis asked Community Development Director Gregory Gay what would happen
if the Commission approved the items for the property's site plan and development agreement but
do not approve the item for the property's zoning change.
Community Development Director Gregory Gay explained that if the Commission would approve
the items for the property's site plan and development agreement but do not approve the item for
the property's zoning change, the company would be able to build a building on the property but
said he did not know what the building would be utilized for and said it could be another warehouse
facility. Mr. Gay added that the truck parking would most likely continue to operate, but there
would be no processing of the construction and demolition debris, which he pointed out would be
the sole purpose of the building being developed on the site.
Commissioner Davis stated that his understanding is that if the Commission goes forward with the
proposed site plan and development agreement for the property, but the zoning change is not
established to recognize the use that is being applied for, the company will be able to develop the
building, but the construction and demolition processing would not be permitted.
Community Development Director Gregory Gay confirmed that if the Commission does not
approve the proposed zoning change for the property, the construction and demolition processing
would not be permitted. Mr. Gay added that there are other uses that are allowed under the I-3
zoning designation, which the company could do, but he does not know if it is something within
the company's form of operation.
Vice Mayor Williams noted that the findings provided to the Commission stated that the Planning
and Community Development Department was verbally informed by the applicant that petitions
were submitted to the surrounding businesses for signatures, comments or possible opposition,
though those findings indicated that the department had not received any. The Vice Mayor asked
Community Development Director Gregory Gay if his department had received any of the petitions
after the printing of the agenda.
Community Development Director Gregory Gay stated that his department has not received any
of the petitions. Mr. Gay explained that the applicant notifying adjacent property owners, is part
of the notification process whenever there is a proposal for a project or zoning change, adding that
in some cases it is just the immediate property owners while in others it must include the property
owners within a five -hundred -foot radius of the property. He assured the Vice Mayor that the
applicant did submit the information to the adjacent property owners for comment, but he is
unaware that any comments have been received. Mr. Gay stated that usually that information must
be provided within a certain time period, and if it is provided in a timely manner, it would be
submitted as part of the packet provided to the Commission.
Regular Commission Meeting Minutes — May 26, 2021 16
Vice Mayor Williams asked Community Development Director Gregory Gay if he knows for a
fact that the petitions went out to the businesses surrounding the applicant's property, noting that
the finding states that it was indicated by the applicant.
Community Development Director Gregory Gay stated that the applicant provided his department
with a list of all of the adjacent property owners to whom they sent the notification out to.
There being no further discussion, the resolution passed by a 3-2 vote.
Commissioner Burke No
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams No
Mayor Pigatt Yes
2. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING THE DEVELOPMENT AGREEMENT BETWEEN THE CITY
OF OPA-LOCICA AND 3805 NW 132 STREET, LLC. FOR THE CONSTRUCTION AND
OPERATION OF A CONSTRUCTION AND DEMOLITION WASTE PROCESSING
FACILITY ON THE PROPERTY LOCATED AT 3805 NW 132ND STREET,
IDENTIFIED BY FOLIO 08-2129-010-0090, IN THE I-3 ZONING DISTRICT;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by City
Manager Deferred from RCM 04/28/2021
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay to introduce the
item.
Community Development Director Gregory Gay stated that the item is a companion item to the
item that the Commission just addressed, dealing with the development agreement. Mr. Gay
explained that modifications were made within Sections 9 and 10 to speak to the operation of the
site as a construction and demolition debris processing facility. He reported that his department
included some of the requirements as prescribed by the Miami -Dade County Department of
Environmental Resource Management, in addition to information relating to the job prospects.
Mr. Gay assured the Commission that while the job numbers might be viewed as somewhat
limited, there are job opportunities with the applicant intending to hire five to seven people beyond
the number of people that they have on the site. He stated that the applicant is looking into posting
two job fairs, with one being for the construction of the new facility and one being for the continued
operation of the construction and demolition debris processing facility. Everything else is standard
language in the City's development agreements. Mr. Gay said that he and the consultant would
Regular Commission Meeting Minutes — May 26, 2021 17
answer any questions the Commission had related to the things added onto the development
agreement.
Mayor Pigatt opened the public hearing on the item.
Marc Cooper of 25th Avenue Warehouse LLC, located at 15060 NW 22nd Avenue, Opa-locka,
FL 33054 brought the map he included in the packet that was provided to the Commission, to their
attention. Mr. Cooper pointed out that Frank Vega's property on 135th Street has a development
agreement with the City of Opa-locka, but nothing has happened on the property for about four or
five years. He stated that if you drive up and down 135th Street and just get a mouthful of dust
because it is just parking on sand and the street is a dust bowl. Mr. Cooper said that he doesn't
think Opa-locka does a very good job with development agreements. He acknowledged that he is
not sure about the applicant being considered by the Commission and said that there is nothing
about him. Mr. Cooper urged the Commission to be aware of the City's history with development
agreements.
Mayor Pigatt stated that if the consultants or developers for the proposed project want to say any
words, this is the time for them to do so.
Ed Tapper of 990 Biscayne Boulevard identified himself as the attorney for the developer Mr.
Armando de Leon who he stated was present at the meeting. In an effort to provide Commissioner
Burke and Vice Mayor Williams a quick understanding, he stated that construction and demolition
debris is not garbage, and the property will not be a waste site. He added that the site will be
environmentally friendly with a process that is approved by the Environmental Protection Agency.
Explaining that the debris would be recycled for construction purposes, rather than going to
landfills where it would be incinerated and wasted, he said that trucks would come in with anything
coming out of the demolition of a building to have the debris separated and recycled. He asserted
that the proposed facility would not make Opa-locka a dumpster but rather it would have Opa-
locka advance the future of a green planet. Expressing that he thinks there is a misconception
being brought to the Commission about the garbage, he said he understands what Mr. Marc Cooper
said about illegal dumping of garbage because his Mom has a business too and is responsible
whenever garbage is dumped in front of her fiber glass company. According to him, the proposed
facility will actually prevent illegal dumping. In addition to the employment benefits and Mr. De
Leon dumping another $ 500,000 into the property to redevelop it in addition to the $1 million he
already put into it to set up the drains, he said that when a hurricane hits Opa-locka the debris stays
in Opa-locka while other cities have trucks taking their debris to facilities for recycling. He asked
the City to reconsider based on the fact that he said it will be a benefit to Opa-locka especially
during a hurricane and asked the Commission to dig a little bit into what construction and
demolition debris is and how the Environmental Protection Agency uses it.
Ms. Bala Somasundaram of 556 NW 53rd Street in Boca Raton introduced herself as a consultant
to Mr. Armando De Leon. Addressing Commissioner Burke's concern about asbestos, she stated
Regular Commission Meeting Minutes — May 26, 2021 18
that whenever any structure is going to be demolished, a permit is pulled which requires the
determination of whether there is asbestos in the building, serving as a filter. Stating that asbestos
will not necessarily come to the site, she explained that demolition debris material comes with a
disposal manifest so that the origin is known. She offered to answer any other questions about
asbestos or environmental concerns.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Commissioner Burke, seconded by Commissioner Davis to discuss the resolution.
Commissioner Burke asked City Manager Page which department is responsible for enforcing the
City's development agreements.
City Manager Pate explained that any matter that requires the enforcement of a development
agreement, would be forwarded to his office through the Community Development Department.
Commissioner Burke stated that the development agreements that are approved on almost every
project are not enforced. As an example, the Commissioner said that when developers agree to
hire Opa-locka residents, nobody checks to ensure that the hiring takes place. He asked who will
enforce the current development agreement that is before the Commission.
Mayor Pigatt echoed Commissioner Burke's sentiments about the development agreement. The
Mayor noted that under the development agreement before the Commission, the business owner
agreed to host job fairs. The Mayor recalled that at the last Commission meeting, the Commission
discussed the push for developers to give the community the first shot at the jobs. He noted that
the development agreement indicates that the company will be participating with Career Source
but said that he has not seen any job fairs despite the Commission passing quite a few development
agreements. Mayor Pigatt asked the City Manager and Community Development Director how
developers are being held accountable to ensure that job fairs are organized, and how the City is
promoting the jobs to the community.
City Manager Pate thanked Mayor Pigatt for his comments and stated that he thinks it is essential
that checks and balances are put in place for development agreements, to hold the entities
accountable. Pointing out that he has been City Manager for over a year and a half, Mr. Pate stated
that he has noted some of the input provided by the Commission in regard to development
agreements, including the comments that were made at this meeting. Mr. Pate stated that it is
prudent for the City to do its due diligence to make sure that the requirements in the development
agreements are actually adhered to, by holding the employer's feet to the fire to provide
documentation of their attempts to recruit Opa-locka residents as employees through Career
Source or any other means
Regular Commission Meeting Minutes — May 26, 2021 19
Mayor Pigatt asked exactly how the developers are being required to abide by their development
agreement, and how the City is promoting the jobs to the community.
City Manager Pate asked Community Development Director Gregory Gay if he could speak about
the current process that the City is using for the accountability of development agreements.
Community Development Director Gregory Gay reminded the Commission that the development
process does not take place over night. Mr. Gay explained that the development agreements that
have been approved by the Commission over the last year and a half are still going through a
permitting process and thus have not gotten to the point where they are looking to hire people for
construction or as end service providers. He reported that a couple of projects have gone through
the process, including CenterPoint which received their certificate of occupancy today after having
started as a different project and then going through the process of hiring through Career Source.
Mr. Gay said that he did not have the information about how the numbers that were hired, but he
said that the company is looking at having the end user hire for their project. He stated that his
department tries to monitor how development agreements are addressed, as best as they can.
Acknowledging that there are some projects that are still going through the permit process after
four years, Mr. Gay said that once the process begins, the owner is on the developer to move the
project through the permitting process as quickly as possible. He also explained that over the
years, executive orders from Florida's Governor have had an impact on the language of
development agreements and can suspend the agreement while the order is in place. As an
example, Mr. Gay said that the Governor's COVID-19 executive order affected development
agreements by suspending them for the past fourteen months. He said that it is up to the developer
to use the suspension of the development agreement to give them some relief or go into the
permitting process as aggressively as possible. Pointing out that time is money for the developers,
he said that some of them didn't want to wait for months for the pandemic to end and needed to
get the project moving forward. After providing both perspectives of the development agreement,
Mr. Gay said that his department tries to be as aggressive as possible in getting information from
the developers and property owners to address all of the concerns related to their development
agreement. In attempting to provide a better understanding to the Commission, he said that in
most cases a development agreement is a thirty-year agreement to address certain terms under
particular timelines. Despite some developers moving forward aggressively while others lag
behind, Mr. Gay stated that his department is trying to do his best to move the developments
forward as quickly as possible.
Mayor Pigatt stated that as elected officials who campaigned around the City, one of the key thing
residents ask for are jobs. As he sits on the dais and continues to advocate for policies and
processes to ensure that the community is hired, the Mayor said it is extremely frustrating to not
be able to get clear answers on how to make that happen. He recalled that the last time the item
was before the Commission, they presented some ideas for Management to figure out such as tying
the submission of job opportunities to the development permits. The Mayor asked why none of
Regular Commission Meeting Minutes — May 26, 2021 20
that was in the item and if the permits and certificate of occupancy can be tied to the submission
of jobs to the City.
Community Development Director Gregory Gay stated that when it comes to job placement, there
are legal matters such as not showing a preference for color, age and religious background. Mr.
Gay said that his department added language to the item since the last Commission meeting and
offered to take the Commission's suggestions but warned that the legal matters would need to be
addressed specifically and then bring the document back to the Commission.
Mayor Pigatt recalled that last time, the same conversation was had about tying permits and the
certificate of use to the hiring of Opa-locka residents. In particular, the Mayor asked if Community
Development Director Gregory Gay can add a requirement for a list of jobs in addition to the date
and flyer of a job fair to the development agreement. He pointed out that the development
agreement already states that the owner agrees to host a job fair and asked if that language could
be amended to say that the owner agrees to submit a flyer with a date and location for a job fair.
Community Development Director Gregory Gay stated that he believed the language of the item
could be amended to include additional requirements for the job fair but deferred to City Attorney
Norris -Weeks.
City Attorney Norris -Weeks confirmed that if the applicant agreed to amend the language in the
item to include additional requirements for the job fair, then the item could be amended based on
Mayor Pigatt's request.
City Manager Pate also confirmed that the language in the item could be amended to include
additional requirements for the job fair.
Mayor Pigatt expressed that this is what is being talked about when referring to the frustrations of
the Commission, stating that tying jobs to the project is something that they want to see happen
and asked the professionals to figure it out for them. The Mayor said that if they have those
documents, the Commission can advocate for new developments to come into the City, knowing
that residents are going to get hired.
City Attorney Norris -Weeks asked Mayor Pigatt to put his proposal on the record again, so that
everyone knows what they are agreeing to and so that staff knows what to put in the document.
Mayor Pigatt stated that while he is unsure of the exact language, his proposal is to tie the issuing
of permits and certificate of occupancy to the submission of job descriptions and a date for the job
fair. The Mayor asked if his Commission colleagues had anything else to add.
Vice Mayor Williams reminded Community Development Director Gregory Gay that at the last
Commission meeting, she spoke about adding an environmental clause to the item and asked if it
was in there.
Regular Commission Meeting Minutes — May 26, 2021 21
Mayor Pigatt said that the Commission would come back to Vice Mayor Williams' question about
the adding of the environmental clause to the item, because he didn't want to confuse it with the
jobs clause. The Mayor asked his colleagues on the Commission if he got his proposal right.
Commissioner Davis stated that he agrees with the amendment as is and asserted that it is important
to have the submission of job descriptions and more detailed information about those sorts of
opportunities from developers.
Vice Mayor Williams thanked Mayor Pigatt for keeping her on track. The Vice Mayor stated that
she agrees with the Mayor because it is essential to know the job descriptions as well as the date
and location for the job fair that a developer is planning. Pointing out that a business can have a
job fair but may not hire local residents, she added that she'd like to take it a step further to ensure
accountability. She proposed that the agreement should have something in it that identifies
employment status for residents.
Mayor Pigatt recapped the Commission request to have the item amended to include the job
descriptions, the job fair flyer and the residency of those that are hired so that the Commission is
aware and has that data.
Vice Mayor Williams stated that she thinks what she is asking is not to have the requirement to
provide employee residency information in the development agreement, but rather to have staff to
report back to the Commission with their findings on who the developers are actually hiring.
Mayor Pigatt recognized City Attorney Norris -Weeks who indicated she wanted to weigh in on
Vice Mayor Williams' proposal to have a report on the residency of those employed by the
developer.
City Attorney Norris -Weeks pointed out that the development agreement which the applicant has
already seen, includes the memorandum of understanding that the City has with Career Source
South Florida. Attorney Norris -Weeks explained that City staff works with them as a third -party
entity that is supposed to ensure that Opa-locka residents are being filtered to the applicant. She
added that if the item was for a proposal on City property and the Commission had a preference
for local residents to be hired it is different, but the proposal before the Commission is on the
developer's private property and they are agreeing to make good faith efforts. Attorney Norris -
Weeks explained that the City would be unable to close down the business if they don't have a
certain number of residents hired but did offer to go back and see if any other cities have advanced
on this since the time it was looked at. She also noted that she doesn't know if there are any other
development agreements that the Commission signed that has gotten as far as the point to hire, as
was also pointed out by Community Development Director Gregory Gay, because the process is
so long.
Regular Commission Meeting Minutes — May 26, 2021 22
Mayor Pigatt stated that he appreciated City Attorney Norris -Weeks pointing out the relationship
with Career Source, which he said he is very familiar with. The Mayor shared that when he first
got back home, he worked as a community organizer to help get the first source ordinance passed
by the Board of Miami -Dade County Commissioners, and that Career Source is the organization
that all contractors are encouraged to use to hire County residents. Noting that the item stipulates
that the owner agrees to employ City residents through the assistance of Career Source and that
there is very little the City can do to hold a business accountable once a project is built because
they have property rights; the Mayor asserted that the intent of the Commission is for there to be
a little more accountability in making sure that the jobs spoken of in the agreement are actually
promoted to residents by tying the issuance of permits for the development to simply submitting a
flyer for their anticipated job fair in addition to job descriptions. Mayor Pigatt asked what language
is needed to make it a policy of this agreement and future ones as well, in consideration of the fact
that the developers have agreed to it.
City Attorney Norris -Weeks asked if Mayor Pigatt would be asking the developer to provide
specific dates for their job fair, pointing out that they may not know the dates.
Mayor Pigatt stated that the company would develop their project and will have to hire people
once the facility is up. The Mayor said that he is proposing for the developer to let the City know
what employment needs they will have, so that it can be promoted. He added that submitting the
flyer would not hold the developer to a specific date or number but would provide the information
to the City when they are getting ready to open up and need to hire people. Whether it is provided
with Career Source or not, the Mayor said he would like to have the developer provide the list of
job opportunities on the site and when they plan to host the job fair.
City Attorney Norris -Weeks informed Mayor Pigatt that the Commission can say that in
conjunction with Career Source, the developer shall submit a hiring plan to the City including the
number of employees anticipated to be hired and their positions.
Mayor Pigatt acknowledged that the language suggested by City Attorney Norris -Weeks addresses
one of his concerns about the list of job descriptions but asked what language can be used to have
the developer let the City know about their job fairs.
City Attorney Norris -Weeks stated that she thinks the language about job fairs is already in the
proposed item.
Mayor Pigatt pointed out that the current language in the item does not require the developer to
inform the City when their planned job fair will happen.
City Attorney Norris -Weeks suggested adding to the development agreement, that the developer
will notify the City about their planned job fairs.
Regular Commission Meeting Minutes — May 26, 2021 23
Mayor Pigatt put on the floor the amendment to add the job description and job fair language to
the item.
Commissioner Burke stated that he doesn't think the problem is the development agreement but
rather the City of Opa-locka's enforcement of the agreement. He said that the Commission will
pass the development agreement and then once it is signed, it doesn't come up again and nothing
is heard from Career Source. As an example, he pointed out that the truck place that was finished
off of 37th Avenue is finished now, and he is sure that a development agreement was done with
them, but the Commission doesn't know how many Opa-locka residents they hired. The
Commissioner asserted that until they designate a department or person to enforce development
agreements, there is no sense in having them and putting effort into it if it is not going to be
enforced. He said that they have not been enforced for years and are just passed by the
Commission and are wasting their time.
Commissioner Davis asked to be recognized.
Mayor Pigatt asked Commissioner Davis to allow him to address the comments made by
Commissioner Burke, agreeing with him that action must be taken to hold Management
accountable for the enforcement of development agreements. The Mayor pointed out that based
upon the item as it is before the Commission, there is no language that requires the developer to
tell the City when their job fairs will happen or which jobs, they will put out there. Despite
acknowledging that the item encourages the developer to work with Career Source, he said that
the City can't take any action if there are no commitments from the developer to provide the
information that is needed. He reminded the Commission that if this is passed as a proposed
amendment with a motion, a second and a vote, they can move on.
It was moved by Commissioner Burke, seconded by Commissioner Davis to amend the resolution.
There being no further discussion, the amendment to the resolution passed by a 5-0 vote.
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Yes
Commissioner Davis Yes
Mayor Pigatt Yes
Mayor Pigatt told Vice Mayor Williams that he would get to her environmental concerns on this
item, but first he wanted to be clear about the traffic study. Recalling that during the last
Commission meeting, it was reported that over one hundred trucks would potentially be coming
into the City, the Mayor asked what the traffic study found and if there will be trucks lined up on
the streets around the facility.
Regular Commission Meeting Minutes — May 26, 2021 24
Community Development Director Gregory Gay reported that his department received the traffic
study for the proposed development site. Based on the traffic study information, Mr. Gay stated
that there will be approximately thirty-one one traffic trips coming into the facility in the morning
and twenty-eight in the evening time, for an average of sixty traffic trips on a daily basis. He also
said that the facility is designed to accommodate up to fifteen trucks at one time without any
spillover of trucks parked on the public right-of-way, being designed so that as much of the truck
traffic as possible occurs on the site itself Additionally, Mr. Gay explained that there are
approximately twenty parking spaces, so that vehicles can park there on a temporary basis until
the que is cleared, in the event that an overflow situation does occur.
Vice Mayor Williams recalled that at the last Commission meeting, an environmental clause being
added to the item was discussed. The Vice Mayor said that Community Development Director
Gregory Gay had assured her that it would be placed in the development agreement, not just for
this company, but also moving forward. She asked Mr. Gay if that was done.
Community Development Director Gregory Gay stated that the company will have to complete an
application with the Miami -Dade County Department of Environmental Resources Management.
Mr. Gay said that he believes it was referenced in the development agreement.
Vice Mayor Williams pointed out that Community Development Director Gregory Gay gave the
same answer last time and asserted that she would like to see the environmental clause in Opa-
locka's development agreement. The Vice Mayor asked if a clause had been created, separate
from the Miami -Dade County Department of Environmental Resources Management.
Community Development Director Gregory Gay explained that the development agreement
addresses environmental protection, including long term impacts to the air, ground water and soil,
also addressing the requirement for the construction and demolition debris processing to be done
in a wholly enclosed building to reduce the possibility of contamination, in addition to including
the Miami -Dade County Department of Environmental Resource Management requirements.
Vice Mayor Williams thanked Community Development Director Gregory Gay for reading the
info from the Miami -Dade County Department of Environmental Resource Management. The
Vice Mayor asked once again if an environmental clause can be placed in the development
agreement for the City of Opa-locka.
Community Development Director Gregory Gay stated that he doesn't think there would be a
problem with placing an environmental clause within the environmental agreement. Mr. Gay
pointed out that some of the language from the Miami -Dade County Department of Environmental
Resource Management requirements has already been utilized and said that he would just have to
identify what the clause would look like and make sure that it will not be in conflict.
Vice Mayor Williams asked City Attorney Norris -Weeks to provide her insight.
Regular Commission Meeting Minutes — May 26, 2021 25
City Attorney Norris -Weeks stated that the City of Opa-locka does not regulate environmental
requirements because there are Federal, State and County agencies that do that. Attorney Norris -
Weeks offered to see what is in Opa-locka's code, stating that she does not think there is anything
specific about environmental requirements as is the case for most municipal codes. She suggested
that the Commission could change its code but cautioned that the City does not want to have
anything that is inconsistent with what the developer would already have to do anyway. Pointing
out that the City does not have a special department that is charged with going out to look for
environmental violations because there are already other government agencies doing so. She said
that the City's code could be amended to state that developers must abide by all County, State and
Federal requirements, but pointed out that they have to do that anyways to get their operational
permits and thus won't impact the City of Opa-locka at all.
Vice Mayor Williams asked Community Development Director Gregory Gay if the traffic study
is conducted by City staff or the developer.
Community Development Director Gregory Gay stated that the developer provides the traffic
study that is conducted for a project.
Vice Mayor Williams asked her colleagues if they are OK with the staff not doing the traffic study
and allowing the developer to do it. Noting that she is the new kid on the block, the Vice Mayor
asserted that she has a problem with it.
Commissioner Davis stated that he shared Vice Mayor Williams' concerns, noting that at the last
meeting he asked if a traffic study had been done. In his experience as a Commissioner, he
acknowledged that traffic studies are usually paid for by the developer. The Commissioner
explained that the response he has received from staff is that the decision to have the developer
pay for the traffic study instead of the City, is based on a budgetary matter. He stated that in his
opinion, if a developer pays for a traffic study, it will more than likely favor the developer over
the City.
Community Development Director Gregory Gay stated that traffic studies are important to his
department, giving them insight into what the demands will be on infrastructure. Mr. Gay
explained that the traffic study was forwarded to Public Works Director Airia Austin immediately
upon receipt, to make sure that it met the engineering requirements. He said that while the City
may not have the staffing to conduct the City's own traffic study, the Public Works Department
does have the staffing to at least review what has been provided by the consultant.
City Attorney Norris -Weeks pointed out that traffic studies are generally done by the applicant
and that the City does not pay for that. Attorney Norris -Weeks assured the Commission that Opa-
locka is acting consistently with other cities by having the applicant pay for the traffic study that
gets reviewed by the City. She also pointed out that the traffic study, which is paid for by the
developers, is conducted by professionals who complete the study according to certain guidelines,
Regular Commission Meeting Minutes — May 26, 2021 26
calculations and specifications that are generally understood and should not vary depending on
who does the study. Attorney Norris -Weeks stated that the Commission ought to rely upon the
findings of the traffic study because those who complete the study are professionals, stamping
their seal of approval on it. She also informed Vice Mayor Williams that she looked at the City's
code and noted that it simply says "environment" and "reserved" under 8.2 as a placeholder,
leading her to believe that the City may have had something in the code that was inconsistent with
the County, State or Federal government and just took it out, leaving it as a reserved section.
Attorney Norris -Weeks said that it made sense, because the City does not want to have something
in its code that is already done by other agencies.
Commissioner Davis acknowledged that the Commission has to tread carefully when it comes to
asking a company to include jobs for residents in the development agreement and he shared his
understanding that they can encourage but not force any business to hire residents. Considering
what the Commission wants to do to leverage job opportunities in the City, he asked if it can be
tied to an incentive.
City Attorney Norris -Weeks explained that incentives to hire City residents would be appropriately
proposed through the Community Redevelopment Agency. Attorney Norris -Weeks stated that
there are different kinds of programs that Community Redevelopment Agencies have in place that
may facilitate something like an incentive for hiring local residents.
Community Development Director Gregory Gay reminded the Commission that there are some
properties and projects that are not within the Community Redevelopment Agency, and thus
suggested that incentives could be put forth citywide in addition to incentives with the Community
Redevelopment Agency.
Commissioner Davis pointed out that the development agreement is an agreement and asked why
the City can't require businesses to hire a certain percentage of residents through encouragement
in the language, wondering what the legal ramifications are.
City Attorney Norris -Weeks informed the Commission that there have been lawsuits when
including hiring requirements in a development agreement has been attempted, and it is not
something she would recommend to the City. Attorney Norris -Weeks offered to revisit the
development agreement with staff to see what other things could possibly be added. She
acknowledged that Commissioner Davis was right on target when he stated earlier that the
development agreements have to be worded carefully and assured the Commission that they tried
to be as aggressive with the wording as they could.
Commissioner Davis suggested that the Commission can workshop their ideas for the development
agreements and can meet with City Attorney Norris -Weeks individually to share their concerns.
Regular Commission Meeting Minutes — May 26, 2021 27
There being no further discussion, the resolution passed by a 3-2 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams No
Commissioner Burke No
Mayor Pigatt Yes
3. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCICA,
FLORIDA, APPROVING THE SPECIAL EXCEPTION SITE PLAN 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 1-2 ZONING DISTRICT; PROVIDING
FOR AN EFFECTIVE DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked Planning & Community Development Director Gregory Gay to introduce the
item.
Community Development Director Gregory Gay stated that agenda items 15-A-3, 15-A-4, 15-A-
5 and 15-A-6 are companion items. Mr. Gay explained that item 15-A-3 is for the special
exception to allow for the operation of the concrete batching facility, item 15-A-4 is for the
variance because of the operation's proximity to a residential development, item 15-A-5 is for the
tentative plat that is being proffered to unify the properties and item 15-A-6 is for the development
agreement. He informed the Commission that the operation has been in existence for several years,
but he did not know what kind of development it was originally, reporting that the first
development on the property occurred in 1966 and was likely industrial because of the area it is
in. Mr. Gay explained that the reason the items are being brought before the Commission is
because the property experienced a change in ownership in July of 2018, and through the
regulatory process of the Miami -Dade County Department of Environmental Resources
Management it was determined that there was not sufficient documentation, with no record of the
concrete batching facility going through any review process in Opa-locka. With the new owners
of the property being challenged to go through the process, the Community Development
Department is bringing the items before the Commission, including the replatting of the property
that includes the vacation of a street right of way in the middle of the property. In his estimation,
Mr. Gay said he thinks that the concrete facility probably predates a number of residential
developments that are in close proximity to the site. Mr. Gay reported that the items have been
presented before the Planning & Zoning Board, which recommended approval, as is also
Regular Commission Meeting Minutes — May 26, 2021 28
recommended by the staff of his department. He offered to answer any questions the Commission
had.
Mayor Pigatt opened the public hearing on the item.
Ms. Hope Calhoun identified herself as the attorney for the property owner being considered under
the item. Ms. Calhoun stated that she thought the property had been in existence for fifteen or
twenty years, but Community Development Director Gregory Gay's report that the property has
been in existence since the 1960s is longer than she knew. She explained that her client recently
obtained the property, having started the process in 2019 by meeting with City staff to get the
required approvals. Ms. Calhoun said that they are doing what she believes the Commission is
looking for by bringing an existing business that has been in the City for quite a long time, up to
today's standards. She said that is why they are requesting a special exception approval based on
the City's current code, requesting variances to bring the property into compliance with the code,
applying for the tentative plat which would unify the parcel on the property and make it easier for
her client to operate, in addition to requesting the approval of the standard development agreement.
She noted that Mr. Gay had suggested that the vacation of the street right of way could be addressed
later and assured the Commission that it will all improve the property's operations for a facility
that has been in existence for a very long time in the industrial zoning district. Ms. Calhoun stated
that she and the project engineer are available to answer any questions that the Commission has.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Commissioner Davis, seconded by Vice Mayor Williams to discuss the
resolution.
Commissioner Burke recalled that the concrete batching facility has existed for a while and asked
Community Development Director Gregory Gay if research had been done to determine when the
company received a license from the City of Opa-locka.
Community Development Director Gregory Gay stated that he has not done any research on the
licensure of the property and said that it is his belief that the property probably did have licensure
at some time. Mr. Gay explained that it was potentially because of the change in ownership that
the property was flagged for a review process to update their licensure.
Mayor Pigatt said that he thinks Commissioner Burke's question is for the Building & Licensing
Department. The Mayor asked when the last time was that the property had an occupational license
approved.
Regular Commission Meeting Minutes — May 26, 2021 29
Community Development Director Gregory Gay stated that the approval of occupational licenses
is done by the Building & Licensing Department and suggested that the Commission can ask Mr.
Esin Daniel Abia to address it.
City Manager Pate explained that the question being asked about when the occupational license
was approved for the property, will require research. Mr. Pate stated that he would be remiss to
bring the Building & Licensing Director up to answer a question that he may not be prepared to
answer.
Mayor Pigatt stated that it is very interesting that the Building & Licensing Director rarely comes
up to address the Commission. The Mayor also noted that the cover memo for the item states that
it will bring the operation into compliance and asked if the property is currently operating out of
compliance.
City Manager Pate explained that when there was a change of ownership of the property, a flag
came up and his office is attempting to rectify the issue. Mr. Pate asked Ms. Hope Calhoun if she
is prepared to answer Mayor Pigatt's question about the compliance of the property's operations.
Mayor Pigatt stated that he asked the question about the compliance of the property's operations
because the cover memo for the item states that "the property site is currently being used for the
concrete batching plant operation, however the review and approval of the requests will bring this
operation into compliance with City land development regulations and Miami -Dade County code
of ordinances". In reading the memo, the Mayor said that it seems the property's operations are
out of compliance with the City's land development regulations and asked whether or not they are
currently in compliance.
Ms. Hope Calhoun asked if she may answer the Mayor's question about the compliance of the
property's operations.
Mayor Pigatt asked if he could get an answer from City staff about the compliance of the property's
operations.
City Manager Pate stated that the project engineer may be able to provide more insight on the
compliance of the property's operations, as the subject matter expert on the flagging process that
the company has gone through with the Miami -Dade County Department of Environmental
Resources Management and the City of Opa-locka.
Community Development Director Gregory Gay restated that the Miami -Dade County Department
of Environmental Resources Management flagged the property to bring it into compliance after
the change in ownership and noted that there are several steps that it needs to take. Mr. Gay said
that whether they have licensure with the City, is a matter that needs to be researched and added
Regular Commission Meeting Minutes — May 26, 2021 30
that they may be operational at this time. He explained that his department is bringing the
legislation before the Commission to make corrections to its existing operation, going forward.
Mayor Pigatt pointed out that in the Planning & Zoning Board staff report, there is a Development
Review Committee with eight people including Building & Licensing. The Mayor asked how the
Committee works, if it was not researched whether or not the property was in compliance.
Community Development Director Gregory Gay explained that the Development Review
Committee reviews projects as they come before his department and in most cases, it is put together
for new developments. Because the operation in question already existed, Mr. Gay said that the
Development Review Committee was not put in place, with the focus being the zoning criteria and
the issues with it coming into compliance with the Miami -Dade County Department of
Environmental Resources Management.
Vice Mayor Williams asked to be recognized.
Mayor Pigatt asked Vice Mayor Williams to hold on because he was trying to bring to light a few
things. The Mayor pointed out that the property in question has literally closed off streets in the
City to operate and asked City Manager Pate if he was incorrect.
City Manager Pate confirmed that Mayor Pigatt was correct in stating that the property in question
had closed off streets in the City.
Mayor Pigatt pointed out that two streets are not even on Google Maps because the concrete facility
on the property decided to block off those streets, despite them being included in the picture
provided in the Commission's agenda packet. The Mayor stated that he believes one of them,
specifically 131st Street, has opened backup, but it looks like 130th Street is still closed. He asked
why the Commission is being asked to approve vacating the street that the concrete facility blocked
off.
Community Development Director Gregory Gay explained that the purpose of bringing the items
before the Commission is because of the actions taken by the Miami -Dade County Department of
Environmental Resource Management, which required that the review process occur in order for
the existing operation to receive licensure and permits to continue its operation. As a part of the
review process and because they were looking at doing a replatting as required by the Miami -Dade
County Department of Environmental Resources Management, it was determined that the street
right of ways that went through the property had not been vacated in proper form. Mr. Gay stated
that all of the legislation was brought before the Commission, to correct what had taken place in
previous years by previous owners. He assured the Commission that the new owner of the property
wants to start fresh, operating the concrete batching facility as it is supposed to be operated without
any issues relating to the City or Miami -Dade County Department of Environmental Resources
Management permitting process.
Regular Commission Meeting Minutes — May 26, 2021 31
Mayor Pigatt expressed concerns that Community Development Director Gregory Gay continues
to say that the Miami -Dade County Department of Environmental Resources Management let them
know about the compliance issues. The Mayor stated that as a resident of Opa-locka, he knew that
it wasn't right and asked if there were any Code Enforcement citations on the property.
Community Development Director Gregory Gay stated on the record that he is not aware of any
Code Enforcement citations on the property in question.
Mayor Pigatt stated that at the moment the facility is operating out of compliance as reported by
an outside entity and noted that the City is silent about it. The Mayor noted that Management is
proposing that the Commission make changes, including the issuance of four variances and giving
up a street to help the property get into compliance to get approval with the Miami -Dade County
Department of Environmental Resources Management after that agency investigated and saw that
they were operating out of compliance. Mayor Pigatt said it doesn't make sense to him and that
he will not support any of the items that were presented before the Commission. He asserted that
the property needs to get into compliance with the City's rules and regulations, let the right of way
be a street within the City and stated that every business in the City must operate based upon the
code and get a proper review of their occupational licenses. The Mayor reminded everyone that
the City needs to make sure those things happen because it is their code and regulations.
Commissioner Davis stated that Mayor Pigatt was spot on, expressing that he shared the Mayor's
sentiments. The Commissioner acknowledged that the business was already in existence before
many of the residential properties in the area but noted that there are many concerns with the
business because of the loud noises that residents constantly complain about and that there are
many reasons not to support a project of this magnitude. He also acknowledged that the new
owners want to see the property be brought up to speed so that they can operate, but he said that
unfortunately at some point the Commission has to set the standards that Opa-locka is not a place
to operate illegally nor is it a dump. Commissioner Davis said that not supporting a project like
this sends a clear message that the Commission wants better for its residents and thus, he supports
the Mayor.
Vice Mayor Williams stated that literally everything the Mayor said, she wrote. The Vice Mayor
said she would like to hear from Ms. Hope Calhoun as the attorney for the business in question,
giving her the opportunity to make her presentation to the Commission.
Ms. Hope Calhoun addressed Mayor Pigatt's statement about not wanting to approve the items
before the Commission, until the property in question is brought into compliance, explaining that
the Commission hearings are the first step to bring the property into compliance. Ms. Calhoun
stated that her client purchased an existing property that has the buildings located where they are,
not by the doing of her client. She assured the Commission that it is their intent and objective to
make things better. Acknowledging that the vacation of the street right of ways is not part of the
item currently being contemplated by the Commission, she recognized that there are two streets
Regular Commission Meeting Minutes — May 26, 2021 32
that are currently closed but stated that they are proposing to allow cars to travel through the areas
they will vacate. She pointed out that the portion of the road that has already been vacated is
unimproved, so their proposal is to make it consistent so that cars don't drive down the road and
get stuck because it is not safe. Addressing the variances, the business is seeking, Ms. Calhoun
explained that it is also about bringing the property into compliance, pointing out that the building
has been there for more than thirty years and existed before the residential areas were put into
place. She explained that in order to make the property consistent with the code, the property
owner has to seek a variance with regard to the setback, to address the distance from the residential
area that came in after the property was originally built. Ms. Calhoun restated that their goal is to
make the property compliant with the City's code to the best of their ability so that Code
Enforcement can hold the company accountable after the standard for the property is set. She also
reported that there is one parcel on the property that already has licensure from the Miami -Dade
County Department of Environmental Resources Management, and they are before the
Commission to unify all of the parcels to be in compliance and have all of the same licensure and
requirements. Ms. Calhoun asserted that the property owner is really just trying to do the right
thing, not knowing that the property had issues when he purchased it. She said that when he
became aware of the property's issues, he immediately contacted the engineer and counsel to begin
the process in 2018, but then was delayed by everything that happened last year. She stated that
City staff has indicated that they have satisfied the criteria for granting the variances and that the
Planning & Zoning Board also recommended approval, asking the Commission to follow that
recommendation. With regard to the special exception for the site plan, Ms. Calhoun said that it
is also an effort to bring it into compliance. She recapped the items before the Commission,
explaining that approving item 15-A-3 would grant a special exception for the property's site plan
to provide a standard by which to judge the existing facility that is already there; approving 15-A-
5 would unify the site to be in compliance with rules and regulations; approving the development
agreement would be standard; and approving 16-A-1 would make the site safer by vacating the
areas they are proposing for vehicular traffic to travel through. Ms. Calhoun recognized the
Commission's frustration but pointed out that the business is her client's livelihood, having bought
what he thought was a thriving and great business without realizing that there were issues. She
characterized the business owner as a good guy who is trying to do the right thing. Ms. Calhoun
thanked the Commission for allowing her to make her presentation and stated that she and the
project engineer would be available to answer any questions.
Vice Mayor Williams asked if buying a business and not knowing that there were issues was the
same as her buying a house without seeing a title or consulting an appraiser. The Vice Mayor said
that it seems like something shady to her because she does not understand how property is
purchased without any investigation. The Vice Mayor expressed that she was confused about how
that happened.
Ms. Hope Calhoun stated that mistakes happen. Ms. Calhoun informed the Commission that she
is not a real estate attorney and that neither she nor the engineer were part of the business
Regular Commission Meeting Minutes — May 26, 2021 33
transaction to purchase the property in question. She pointed out that it is wonderful that in
America, there is the opportunity to correct mistakes, and that if a house with issues was purchased,
the owner would have recourse against the title company, insurance company and the prior owner
to correct whatever is wrong, and she asked for the same consideration to be given to her client.
Ms. Calhoun asked that the small business, which is in existence, be given an opportunity to thrive
in the City.
Vice Mayor Williams asked City Manager Pate to have Community Development Director
Gregory Gay disclose all information in the beginning, noting that if Mayor Pigatt had not
disclosed it, the Commission would not be having the conversation.
Mayor Pigatt stated that Ms. Hope Calhoun is excellent at what she does.
Ms. Hope Calhoun said that is a bad way to start and reminded the Mayor and Commissioners that
they have to come back before them.
Mayor Pigatt gave Ms. Hope Calhoun props for being on point with how she laid out her case,
doing a great job representing her client.
City Attorney Norris -Weeks agreed that Ms. Hope Calhoun is very good at what she does.
Attorney Norris -Weeks stated that she understood what Ms. Calhoun was saying when she laid
out the variance issue, saying that she assumed the developer and City staff have already looked
at whether the business meets the requirements of the code including hardship. She warned that if
the business does meet the requirements of the code and the City denies their application for the
variance, it could be problematic. Attorney Norris -Weeks suggested that the Commission may
want to have City staff explain what they did and whether a variance is warranted under the
requirements of the code. She said that she raised it as a red flag so that the Commission can focus
on that issue when they get to it on the agenda.
Mayor Pigatt thanked City Attorney Norris -Weeks for bringing her concerns about the variance
being warranted under the requirements of the City's code but pointed out that the Commission is
discussing the item for the approval of a special exception to the property's site plan. The Mayor
stated that it is clear that the property is out of compliance and that he hopes Management does its
due diligence to ensure that companies are in compliance. Expressing his understanding that the
items being proffered before the Commission would give the property owner an exception and a
variance to the City's regulations, he stated that it has to be decided by the representatives of the
people in the community. The Mayor asserted that he does not support the item in any way, shape
or form, suggesting that Management could defer the item and do what they should be doing to
ensure that properties are in compliance.
City Manager Pate requested to defer the item and all companion items.
Regular Commission Meeting Minutes — May 26, 2021 34
Mayor Pigatt noted that agenda item 15-A-3 had been deferred.
4. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING A VARIANCE 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 1-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate asked Community Development Director Gregory Gay to introduce the item,
despite the request to have the item be deferred.
Mayor Pigatt stated that because the Commission approved the agenda, each item must be at least
considered for a motion. The Mayor added that any item can die if there is a lack of a motion but
can also be deferred if so moved. He asked City Attorney Norris -Weeks to correct him if he was
wrong but said that the item has to go through a presentation from Management and a public
hearing.
Community Development Director Gregory Gay explained that the item is requesting a variance
for the distance requirement from adjacent residential properties for the concrete batching plant.
Mr. Gay stated that his department would like for the Commission to consider it.
Mayor Pigatt opened the public hearing on the item.
Ms. Hope Calhoun asked that the item and the companion items be deferred to the next
Commission meeting. For the record, Ms. Calhoun stated that just as they met the criteria for the
site plan special exception, she said that they have also met the criteria for granting the variance
request, pursuant to the City's staff report.
Marc Cooper of 25th Avenue Warehouse LLC, located at 15060 NW 22nd Avenue, Opa-locka,
FL 33054 said that he was not trying to get a certificate for knowing Opa-locka, but told the
Commission that he knows the property in question and said there was a bit of information they
were missing. Mr. Cooper stated that the new owner is Mr. Frank Vega's previous tenant. He
speculated that while he can't testify to it, perhaps the buildings in question were erected by the
tenant and not the owner. Having looked it up himself, Mr. Cooper said that the property's
purchase totaled $3.4 million which he said was financed by Bank of America, and he added that
Regular Commission Meeting Minutes — May 26, 2021 35
he believed that the new owner should have known that there was a street or avenue going through
the property. Mr. Cooper urged the Commission to investigate the information he provided.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Vice Mayor Williams, seconded by Commissioner Davis to discuss the
resolution.
Mayor Pigatt asserted that he will not be supporting the item, even if it comes up again. The Mayor
expressed his hope that if it is going to be deferred to the next meeting, when the item comes up,
he would like to see Code Enforcement on the site as well as a report on the licensing.
City Manager Pate requested that the item be deferred to the next regularly scheduled Commission
meeting.
Mayor Pigatt noted that agenda item 15-A-4 had been deferred.
5. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING A TENTATIVE PLAT 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. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate asked Community Development Director Gregory Gay to introduce the item.
Community Development Director Gregory Gay stated that the purpose of the item is to unify the
entire site under a tentative plat so that it will be operated in its proper form. Mr. Gay said that the
information was submitted to his department and after reviewed accordingly, he informed the
Commission that it was presented in its proper format.
Mayor Pigatt opened the public hearing on the item.
Ms. Hope Calhoun stated that they have satisfied all of the criteria required to move the tentative
plat agreement forward. On behalf of the property owner and applicant who Ms. Calhoun said
was not present but was listening, she raised concerns about how the property will be treated going
Regular Commission Meeting Minutes — May 26, 2021 36
forward. Ms. Calhoun pointed out that they are exerting their rights under the City's code to
correct previous actions, but the Commission's failure to approve the items before them puts the
company in jeopardy. She warned that other issues could arise as a result of the Commission not
approving their effort to bring the property into compliance and asked that the next steps be
discussed very carefully before any punitive actions are taken on her client's property. Ms.
Calhoun concluded with her request that the Commission approve the item.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Vice Mayor Williams, seconded by Commissioner Davis to discuss the
resolution.
City Manager Pate requested that the item be deferred to the next regularly scheduled Commission
meeting.
Mayor Pigatt noted that agenda item 15-A-5 had been deferred.
6. 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 1-2 ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE.
Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate asked Community Development Director Gregory Gay to introduce the item.
Community Development Director Gregory Gay stated the item is for the development agreement
for the property in question. Mr. Gay explained that the development agreement addresses all of
the criteria from items 15-A-3, 15-A-4 and 15-A-5 in addition to any additional criteria that is
suggested for the operation and further development of the concrete batching facility. He reported
that it was presented before the Planning & Zoning Board for approval and is also recommended
by his department's staff.
Mayor Pigatt opened the public hearing on the item.
Regular Commission Meeting Minutes — May 26, 2021 37
Ms. Hope Calhoun asked that the request to approve the development agreement be granted. Ms.
Calhoun said that if the approval is not granted, they would request deferral of the item for
consideration at the next available City Commission meeting.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Vice Mayor Williams, seconded by Commissioner Davis to discuss the
resolution.
City Manager Pate requested that the item be deferred to the next regularly scheduled Commission
meeting.
Mayor Pigatt noted that agenda item 15-A-6 had been deferred.
B. APPEALS:
16. ORDINANCES/RESOLUTIONS/PUBLIC HEARINGS:
A. FIRST READING ORDINANCE(S)/PUBLIC HEARING(S):
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING A REQUEST FROM AMDI USA, INC. TO CLOSE, VACATE AND
ABANDON A PORTION OF NW 130TH STREET BETWEEN NW 30TH AVENUE AND NW
30TH COURT AND A PORTION OF NW 30TH COURT BETWEEN NW 130TH STREET AND
NW 131ST STREET 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. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt opened the public hearing on the item.
Ms. Hope Calhoun stated that the item before the Commission is for the vacation of two rights of
way within the City of Opa-locka. Having presented the item during other public hearing items,
Ms. Calhoun reminded the Commission that their agenda includes the map they showed earlier.
Recognizing the frustrations that go along with having a business of this sort in the City, she said
that they are asking that the rights of way be vacated so that the business can operate in a cohesive
manner. Ms. Calhoun also informed the Commission that they have satisfied all of the criteria for
vacating as laid out in the City's code. She asked that the Commission approve the item on its
first reading so that it can move to second reading and possibly have all of the applications heard
Regular Commission Meeting Minutes — May 26, 2021 38
at the second meeting. Short of granting their request, Ms. Calhoun asked for a deferral of the
item to the next meeting.
Marc Cooper of 25th Avenue Warehouse LLC, located at 15060 NW 22nd Avenue, Opa-locka,
FL 33054 stated that the value of an acre of unimproved industrial land is about $800,000. Mr.
Cooper asked the Commission to keep in mind that if they are going to give away two streets, there
is a value there.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
Mayor Pigatt stated that this is the third or fourth time that the Commission receives a vacation of
land from property owners that took City -owned land, recalling that for the other properties, an
appraisal of the cost of the land was requested. The Mayor asked if there has been any discussion
about the company in question paying for the land that the City owns.
City Manager Pate assured Mayor Pigatt that it is the intent of the City to sell the land, but the
vacation process has to be done first and then there must be an appraisal process, with the
Commission setting their expectations for what they desire moving forward.
Mayor Pigatt asked when the City intended to sell the land that would be vacated by the approval
of the item. The Mayor said that it seemed to him that the intent was to just give away the land.
City Manager Pate stated that the sales transaction would occur after the vacationing of the land
on the property in question.
Ms. Hope Calhoun said that the City Manager is right.
Mayor Pigatt reminded Ms. Hope Calhoun that he has to recognize those who speak during the
Commission meeting, and he asked her to give them a moment. The Mayor asked City Manager
Pate how much the City would get for vacating the land if the Commission passed the item.
City Manager Pate asked Community Development Director Gregory Gay to address Mayor
Pigatt's question about the amount the City would receive from the sale if the vacation of the land
were approved.
Community Development Director Gregory Gay stated that in most vacation cases, his staff
calculates a ballpark estimate based on adjacent property owners. Mr. Gay explained that because
the property was purchased in July of 2018 at an approximate cost of $3.5 million, their ballpark
calculation determined a value of about $20-$25 per square foot. He pointed out that because the
sale was three years ago, property values may have changed. Mr. Gay said that the City would
have to show the intent to vacate the property in order to take the next step for acquisition, which
would include obtaining an appraisal of the property. He added that the area covered by the street
Regular Commission Meeting Minutes — May 26, 2021 39
right away is approximately 10,000 square feet, and thus he assured the Commission that they
would be looking at a significant amount of money but said he would not want to lock them into
a specific amount.
Mayor Pigatt expressed that he is very concerned with Community Development Director Gregory
Gay's answer. The Mayor stated that Management has gone through a due diligence process, the
item has gone through attorney review, and it was prepared for the Commission to vote upon as
something that was complete, and he pointed out that if none of the issues had been raised, it might
have passed. He asked if it was to pass today, how much the City would receive from the sale of
the right of way that would be vacated by the approval of the item.
Community Development Director Gregory Gay explained that if the Commission was to pass the
item to vacate the right of way at the property in question, his department has guesstimate that the
right-of-way would range between $200,000 - $300,000. Asserting that he did not want to lock
the Commission to a specific dollar amount, Mr. Gay stated that the exact amount would have to
be based on the appraisal. He said that the appraisal would be done once the legislation piece is
decided upon because if the Commission decides not to move on the legislation, the appraisal is
mute.
Mayor Pigatt asked City Attorney Norris -Weeks if the property owner has to give the City any
funding after the Commission passes the ordinance to close, vacate and abandon the streets running
through the property in question.
City Attorney Norris -Weeks stated that she doesn't think the Commission is at that point yet.
Attorney Norris -Weeks reminded the Commission that there is a section in the code about the
vacation of streets and what has to happen as a part of the process. She recalled that Community
Development Director Gregory Gay and his department had done their due diligence on the matter
of vacating the streets because they had talked about it but offered to make sure it is clearer on the
record if the property owner agrees to it.
Mayor Pigatt stated that he recalled the last time the Commission vacated some alleyways, there
was backup documentation in the City Manager's memo, with the appraisal and cost of the land
as well as how much the City would get. The Mayor said that he is trying to figure out what the
difference is now that he doesn't see that information included with the vacation item before the
Commission.
City Attorney Norris -Weeks stated that part of the process is to have the applicant pay for the value
of the vacated land based on the average between the assessed value obtained from the Miami -
Dade County Property Appraiser's Office and the market value obtained from a private
professional property appraiser. She recalled speaking about this issue with Community
Development Director Gregory Gay, and said that she knows his staff has already done their due
diligence on the issue.
Regular Commission Meeting Minutes — May 26, 2021 40
Community Development Director Gregory Gay explained that his department has done its due
diligence by looking at the value of the properties adjacent to the right of way. Mr. Gay
acknowledged that there has not been an appraisal of the property, stating that the first step that
needs to occur is the vacation of the property, after which the Commission has an obligation to
have the property considered as surplus, at which time the appraisal of the property and offer letters
are introduced as part of the process. He pointed out that the Commission has two more steps to
take before the process is complete and assured them that vacating the property does not mean it
is being given up. By vacating the property, Mr. Gay said that the Commission is basically
initiating the process to look at opportunities to either transact the property or use it for something
else.
Mayor Pigatt expressed that he felt it didn't smell right.
Commissioner Davis stated that he thinks he has been one of the most vocal members of the
Commission about surplussing the public right aways. The Commissioner acknowledged that the
surplus process does bring value by taking public land that no taxes are being paid on and selling
it to bring additional revenue to the City. He expressed that his problem with those transactions is
that ultimately the City's property is being given away and asserted that if the Commission is going
to do something like that, they should get something of significance in return that is impactful for
residents. The Commissioner also acknowledged that his colleagues shared their individual
concerns, and that Community Development Director Gregory Gay is just working to bring the
property into compliance with the City's codes and ordinances. He asserted that moving forward,
he is not in favor of handing over so many of the City's assets, whether it has a direct monetary
value or not.
Mayor Pigatt asked City Manager Pate if he would be deferring the item.
City Manager Pate confirmed the request to defer the item to the next regularly scheduled
Commission meeting.
Mayor Pigatt noted that agenda item 16-A-1 had been deferred and asked City Manager Pate if
there was a time certain date for the deferral.
City Manager Pate stated that he was requesting the deferral of the item to the next regularly
scheduled Commission meeting.
2. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL,
PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS FOR THE FISCAL
YEAR COMMENCING OCTOBER 1, 2020 AND ENDING SEPTEMBER 30, 2021;
ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A";
PROVIDING FOR THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET;
Regular Commission Meeting Minutes — May 26, 2021 41
AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING
FOR APPROPRIATION OF ALL BUDGETS AND EXPENDITURES; PROVIDING FOR
FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING
FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND
REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE. Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt opened the public hearing on the item.
There being no members of the public to make comments, Mayor Pigatt closed the public hearing.
It was moved by Vice Mayor Williams, seconded by Commissioner Taylor to discuss the
ordinance.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate deferred the introduction of the item to Budget Administrator Robert Anathan.
Budget Administrator Anathan reviewed his presentation titled "FY 21 Budget Amendment #3"
Mayor Pigatt asked if the proposed budget amendment included increases to the police budget.
Budget Administrator Anathan stated that the only increase to the police budget is $10,000 for the
lease of a police vehicle that will replace the vehicle that is being converted into a K-9 unit.
Mayor Pigatt stated that there was new legislation passed by the State which requires changes to
the police budget be sent to the state. The Mayor asked Budget Administrator Anathan to explain
how any increase to the police budget may impact the City.
Budget Administrator Anathan stated that he was not aware of any legislation that has come down
from the state and committed to looking into it. Mr. Anathan explained that any increase to the
police budget would probably impact contingency funding.
Mayor Pigatt asked if anyone could give any guidance on the impact on the City caused by the bill
which passed, affecting increases to police budgets. The Mayor recalled that the Florida League
of Cities and the Miami -Dade League of Cities were against it because it ties the hands of the City
in terms of any decreases.
Commissioner Davis asked if Mayor Pigatt was asking the administration to offer guidance on the
Florida Legislature's bill on police budgets.
Regular Commission Meeting Minutes — May 26, 2021 42
Mayor Pigatt said that Commissioner Davis can answer the question about the Florida
Legislature's bill on police budgets, but he wants to make sure that Management also answers.
Commissioner Davis stated that he thinks Mayor Pigatt is referring to HB 1 and said that he is
familiar with the bill. The Commissioner noted that people have been calling the legislation the
anti -protest bill because it speaks to protests and how law enforcement and the general public will
deal with public assemblies. Addressing the Mayor's main point of concern on the legislation, the
Commissioner said that the bill gives the state the ability to preempt local law enforcement
budgets, which is a home rule power. He reminded the Commission that the City's budgetary
decisions are made by the board voting in unison, but the state is taking a different position to
control those decisions and that power is being preempted. The Commissioner said he thinks all
of the members of the Commission are aware of it, but don't know the full potential impact,
considering it just passed this past legislative session.
City Manager Pate stated that he deferred to Commissioner Davis' response because he represents
the City as a member of the League of Cities. The Manager explained that if there is an instance
where the City is in violation of the state statute by failing to take action on rioting or other public
disturbances, funding could be reduced and could affect the Police Department budget. He said
that where the Commission now sees a surplus, the number could be reduced if something occurs
down the line.
Budget Director Anathan stated that it also sounds like a concern about defending and said that he
would assume the trigger that involves the state, is if the City would take the budget down.
Mayor Pigatt stated that the concern from cities across the State of Florida along with the Florida
League of Cities and the Miami -Dade League of Cities, was that if the City increases the police
budget by any amount, no decreases can be made. The Mayor shared his concern that the budget
amendment being proposed is making an increase to the police budget and speculated that perhaps
next year, the police vehicle that is causing the increase in budget may no longer be needed, but
the money would forever be locked into the Police Department. He pointed out that when the
Commission is balancing the general budget, if an increase is needed somewhere in the budget,
they take the amount needed away from somewhere else in the budget. With the new legislation,
the Mayor suggested that if the Commission wants to be fiscally responsible, it will limit any
general increases and instead make changes within the police budget to accommodate additional
needs for the officers. He urged the Commission to be careful in consideration of the new
legislation, which can set the City up to have the State withhold funds if increases are made based
on needs and then later changes have to be made. The Mayor stated he wanted to know if this had
been a consideration and said that it sounds like it probably wasn't and is one of the reasons, he
said he is hesitant to move forward with the budget amendment. He also expressed that he has
always been concerned about large budget changes since he has been on the dais and noted that
the budget amendment being proposed is one of the largest changes to the budget that he has seen,
Regular Commission Meeting Minutes — May 26, 2021 43
stating that he is hesitant to make so many significant changes at one time. The Mayor said that
when he sees something in the budget funded for $24,000 or $24,900 it raises a red flag for him
because anything below $25,000 gives the City Manager discretion to grant a contract without a
request for proposals. He pointed out that there is one item in the proposed budget amendment
that falls under that criteria, which is the proposal to hire a pay plan consultant. The Mayor recalled
that the pay plan has been spoken about quite a bit from the dais since the financial oversight board
submitted its findings, with the Human Resource Department Director coming before the
Commission many times to state that the pay plan was done and was pending approval by
Management. Now with a proposed budgeted item to approve $24,900 to hire a consultant without
going through the bidding process, he asked why a consultant is needed to develop the pay plan.
City Manager Pate thanked Mayor Pigatt for his question and stated that drastic changes have
occurred through the process of developing pay plans. Mr. Pate stated that he felt it was prudent
to have an outside consultant to get the pay plan done and presented. He suggested that the
alternative is for work to be done that has to be reviewed by the state and then having an outdated
plan that is three or four months old by the time it gets to the Commission, requiring the need to
survey other municipalities again. Pointing out that Mayor Pigatt had championed ensuring that
City employees have a fair wage, Mr. Pate stated that in order to try and get it done as expeditiously
as possible, he recommends bringing in a consultant. Addressing the dollar amount included in
the budget amendment on the Commission agenda, Mr. Pate assured the Commission that he has
not received any solicitations, contracts or dollar amounts from prospective consultants. He
pointed out that Mayor Pigatt expressed concerns about the proposal to amend the budget for
$24,900 because the amount is below the City Manager's cap requiring the need for a request for
proposals, and he said he feels the Mayor's statement was made as if the Manager already knew
who would be awarded the contract, assuring the Commission that it is not true whatsoever. Mr.
Pate stressed that he is trying to get things done efficiently, effectively and as quickly as possible.
Pointing out that the City is currently negotiating two collective bargaining agreements, he asserted
that the pay plan is needed now more than ever. Mr. Pate also informed the Commission that the
State is requesting a professional study to be done on the pay plan as well.
Budget Director Anathan informed the Commission that the Human Resources Director did get
three quotes, with the $24,900 being the lowest of the three. Mr. Anathan stated that he does not
believe the amount of the quote was by design. He also pointed out that the City has tried to do
pay plans in the past but stated that City staff is not really trained for it, while a consultant does it
day in and day out.
Mayor Pigatt stated that he is a little confused because he doesn't know what allegations City
Manager Pate is referring to but re -stated his question and asked why a consultant is needed to
finalize the City's pay plan. The Mayor said he heard Mr. Pate say it was to speed up the process
while he said he heard Mr Anathan say it was because the City's staff does not have the capacity,
and he asked which one it is.
Regular Commission Meeting Minutes — May 26, 2021 44
Budget Director Anathan stated that the reason the consultant is needed to finalize the City's pay
plan is probably both to speed up the process and because the City's staff does not have the
capacity. Mr. Anathan explained that a consultant that develops pay plans for a living is much
more adept at looking at neighboring communities in South Florida to normalize salaries for the
wealth and size of the community, pointing out that the City's staff is not trained to do that despite
them making the best effort to do so. As examples, he stated that Opa-locka would not want to
design its pay plan based on the City of Aventura or even Miami Gardens because it is a much
bigger city. Mr. Anathan asserted that a consultant will be able to finalize the pay plan much better
than the City's staff can do.
Mayor Pigatt recalled that in the past pay plans were submitted by the Human Resources
Department that included the analysis comparing the City of Opa-locka City staff salaries to
similar cities like West Park and Sweetwater. The Mayor said that a public records request could
be done to pull the document back up and also pointed out that it was put forth that the pay plan
was under review, noting the difference in opinions over the years. He also reiterated his concern
about the quote from the consultant coming in just under the $25,000 threshold that would trigger
the need for a request for proposals, asking City Manager Pate if the quote for the consultant who
completed the Police Chief search had also been $24,900.
City Manager Pate responded by confirming that it is what the Mayor recalled.
Budget Director Anathan also confirmed that the quoted amounts for the Police Chief search
consultant and the pay plan consultant are the same amount.
Mayor Pigatt expressed that he is uncomfortable with the budget amendment request at the
moment because of the number of items, in addition to the increases to the police budget and the
pay plan issue with the Human Resources Department. The Mayor reported that he has been
hearing about a lot of issues in the Human Resources Department and hasn't seen any resolution
to them. He acknowledged that the proposal for a pay plan consultant looks like a resolution to
the problem and said that he hopes it works out, indicating he would fully support it.
Budget Director Anathan asked the Commission if they would like for him to continue with his
presentation on the proposed budget amendment.
Mayor Pigatt noted that the proposed budget amendment included $75,000 for the legal counsel
for the City's utility billing.
Budget Director Anathan explained that based on the cost of the legal counsel for the City's utility
billing over the first six months of the year, the budget amendment is being proposed out of an
abundance of caution. Mr. Anathan pointed out that increasing the budget does not grant the
authority to outright spend the funding, and if the legal counsel bills come in for a lower amount
than what has been budgeted, the funds will go back to the Water & Sewer fund balance. He
Regular Commission Meeting Minutes — May 26, 2021 45
reminded the Commission that originally $200,000 was included in the budget for the City's utility
billing legal counsel but noted that if they continued going at the rate, they were in the first six
months, it would probably be higher and therefore are trying to cover for it with the budget
amendment.
Mayor Pigatt stated that as a member of the Commission, he would like to get a report from the
City Manager or Attorney to understand what is happening with the City's utility billing that they
may potentially go over the budget by as much as $75,000, before the increase is approved and it
is taken from the City's contingency fund.
City Attorney Norris -Weeks informed Mayor Pigatt that a shade meeting will be announced to
seek guidance from the Commission on the issue with the legal counsel for the City's utility billing,
in addition to other issues.
Mayor Pigatt stated that before he votes on the proposed budget amendment to increase the funding
for the City's utility billing legal counsel, he would like to hear what is said at the meeting that
City Attorney Norris -Weeks mentioned will be scheduled. The Mayor also noted that the proposed
budget amendment includes a $20,000 transfer of penalties from the Human Resources
Department.
Budget Director Anathan explained that the $20,000 in the proposed budget amendment is just a
budget shift, with it originally being charged to the Human Resource Department because it was
thought to be a very general charge, but it was realized that it is related to one person. Mr Anathan
said that the decision was made to report it in the Police Department rather than the Human
Resources Department.
Mayor Pigatt pointed out that the $20,000 in the proposed budget amendment would represent
another increase to the Police budget. Noting that there are a lot of increases to the Police
Department budget in the budget amendment proposal, including for vehicle purchases, Police
dogs and $54,000 for an operational manual; the Mayor expressed concerns that the Commission
won't be able to decrease all of the increases being made to the Police budget based on his
understanding of the State's new legislation. Recalling that the Commission had discussed the
policies and procedures in quite a few of the City's departments, he asked what is being done in
those departments. The Mayor said those are the concerns he has with the proposed budget
amendment.
Budget Director Anathan attempted to address Mayor Pigatt's concern about the proposed budget
amendment for $54,000 that would fund an operational manual for the Police Department,
explaining that the money does not come out of the general fund but comes out of the special law
enforcement fund which can only be used for police projects. Mr. Anathan acknowledged that he
does not know if it is part of the threshold that the state will use to evaluate the entire Police
Department budget, but the $54,000 will come from a different source of revenue because it is
Regular Commission Meeting Minutes — May 26, 2021 46
outside of the general fund. He asserted that if the money is not used for police matters, it can't
be used and just sits in the special law enforcement fund.
Mayor Pigatt thanked Budget Director Anathan for his clarification on the $54,000 budget
amendment for the Police Department operational manual and said that after sharing the concerns
he had, there were no other comments he had to make.
Commissioner Davis acknowledged that there will be a later discussion about the legal counsel for
the City's utility billing but asked for clarification on a way to have the outside legal counsel
budgeted for or tracked. The Commissioner expressed his interest in ensuring that the City is not
spending so much so frequently on legal fees, noting that the proposed budget amendment for the
counsel is a significant amount of money.
City Attorney Norris -Weeks informed Commissioner Davis that at the shaded meeting she
mentioned, a projected budget would be laid out for the Commission by the outside counsel for
the City's utility billing.
Mayor Pigatt asked if there was any other discussion on the proposed budget amendment, stating
that he thinks the item should be deferred.
There being no further discussion, the ordinance passed first reading by a 3-1 vote.
Commissioner Burke Not
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Mayor Pigatt No
Present
3. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, AMENDING CHAPTER 2, ARTICLE IV ENTITLED PERSONNEL,
TO CREATE DIVISION IV OF THE CITY OF OPA LOCKA'S CODE OF ORDINANCES
TO BE ENTITLED "CITY HOLIDAYS"; SPECIFICALLY RECOGNIZING
JUNETEENTH INDEPENDENCE DAY AS A PAID CITY HOLIDAY AND
SPECIFICALLY CITING ALL OTHER CITY HOLIDAYS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR
CODIFICATION AND SCRIVENER'S ERRORS; CONFLICTS OF LAW,
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. Sponsored by
Commissioner Davis and Mayor Pigatt
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt opened the public hearing on the item.
Regular Commission Meeting Minutes — May 26, 2021 47
There being no members of the public to make comments, Mayor Pigatt closed the public hearing.
It was moved by Commissioner Taylor, seconded by Commissioner Davis to discuss the
ordinance.
Mayor Pigatt asked Commissioner Davis to introduce the item.
Commissioner Davis thanked Mayor Pigatt for co -sponsoring the item, stating that he wanted to
sponsor legislation that acknowledges Juneteenth as an observed and paid holiday that is
acknowledged citywide. The Commissioner said that it is important to note that Juneteenth is
sometimes referred to as America's true Independence Day because July 4, 1776 only represented
a date that certain segments of the American population were considered free. He pointed out that
for eighty-nine years, Independence Day was a promise unfulfilled, but on June 19, 1865 Major
General Gordon Granger issued an order to the people of Texas and changed everything. In the
spirit of June 19th or Juneteenth, the Commissioner proudly put forth the item in acknowledgement
of those efforts, as a recognition of people of color in our country. The Commissioner said that he
understood the item will have a fiscal impact on the City but asserted that he sees this designation
as even more important than the current eleven paid holidays that the City supports. He pointed
out that the holiday has been recognized by Miami -Dade County, the City of Miami, the City of
South Miami and the City of North Miami Beach and expressed that in his opinion, it is only right
to do the same for Opa-locka's employees and residents. The Commissioner stated that with a
humble spirit of acknowledgement, he put the item forward.
Vice Mayor Williams reminded the Commission that she co -sponsored the item at the last
Commission meeting and said it is still a very important item to have. The Vice Mayor said that
she had some questions in regard to the fiscal impact of acknowledging Juneteenth as a paid City
holiday, which City Manager Pate answered and said she was okay with. She stated that she would
like to go back and co-sponsor the item again along with Mayor Pigatt and Commissioner Davis.
Commissioner Davis thanked Vice Mayor Williams and said he humbly accepted her co-
sponsorship of the item. The Commissioner asked City Attorney Norris -Weeks to make note of
Vice Mayor Williams as a co-sponsor of the item to acknowledge Juneteenth as a paid City
holiday.
Mayor Pigatt informed Commissioner Davis that it would be Clerk Flores who would recognize
Vice Mayor Williams as an additional co-sponsor on the item to acknowledge Juneteenth as a paid
City holiday. The Mayor asked City Attorney Norris -Weeks if the addition of a co-sponsor to the
item would require a motion from the Commission.
City Attorney Norris -Weeks stated that Clerk Flores can just add Vice Mayor Williams as a co-
sponsor to the item acknowledging Juneteenth as a paid City holiday.
Regular Commission Meeting Minutes — May 26, 2021 48
Commissioner Taylor recognized his colleagues for doing a good job by bringing forth the item to
acknowledge Juneteenth as a paid City holiday, stating that it is a good look for the City.
Commissioner Davis thanked his colleagues on the Commission for supporting the item to
acknowledge Juneteenth as a paid City holiday.
Mayor Pigatt thanked Commissioner Davis for spearheading the establishment of Juneteenth in
the City of Opa-locka. The Mayor stated that it is very important as the day that American became
America, where freedom, justice and liberty lived up to its duty to recognize all people as equal.
He asserted that it is important that the holiday is respected as a holiday that is not just supported
by one segment of the population, but by all. The Mayor once again thanked Commissioner Davis
for making sure that Opa-locka does its due diligence as a government and urged everyone to learn
a little bit about the significance of Juneteenth. He reflected upon the fact that people were
enslaved for hundreds of years, with the majority of America's history having the country as a
slave society, which was changed on Juneteenth. Acknowledging Juneteenth Independence Day
as an amazing accomplishment, he thanked Commissioner Davis one more time for moving the
item forward.
There being no further discussion, the ordinance passed first reading by a 4-0 vote.
Commissioner Davis Yes
Commissioner Taylor Yes
Vice Mayor Williams Yes
Commissioner Burke Not Present
Mayor Pigatt Yes
B. SECOND READING ORDINANCE(S)/PUBLIC HEARING(S):
1. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING THE REQUEST OF 3805 NW 132 STREET, LLC. TO REZONE THE
PROPERTY LOCATED AT 3805 NW 132ND STREET, IDENTIFIED BY FOLIO 08-2129-010-
0090, FOR THE CONSTRUCTION AND OPERATION OF A CONSTRUCTION AND
DEMOLITION WASTE PROCESSING FACILITY ON THE PROPERTY, IN THE I-3 ZONING
DISTRICT; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE
DATE (first reading/public hearing held on April 28, 2021). Sponsored by City Manager
The above resolution was read by Assistant City Attorney Candice Cobb.
Mayor Pigatt opened the public hearing on the item.
Marc Cooper of 25th Avenue Warehouse LLC, located at 15060 NW 22nd Avenue, Opa-locka,
FL 33054 stated that the distinction that was made earlier in the meeting between construction and
demolition material and garbage, in his opinion is a distinction without a difference when it comes
Regular Commission Meeting Minutes — May 26, 2021 49
to illegal dumping. Mr. Cooper explained that what is being dumped on Opa-locka's streets is
stuff that fits in a pickup truck that someone didn't want to pay to dump, and they just dump it on
a vacant street. He said that he'd like to stop the stream of waste heading towards Opa-locka, so
that if a facility is closed it is not dumped illegally, acknowledging that garbage is very difficult to
manage. Mr. Cooper shared his experience as the owner of the property on the corner of
Alexandria Drive and 127th Street, recalling seeing about four or five months ago on YouTube,
that Alexandria Drive was cleaned up on an emergency basis by a contractor which he believed
was hired by the City because of a requirement from the Miami -Dade County Department of
Environmental Resources Management. He reported that he saw the contractor clean up
Alexandria Drive with all of their machinery and then saw them take the same debris to Cairo Lane
and put it in front of a nine -acre property. While he said that he took pictures and was going to
bring it to someone's attention, he shared that he got sick with a heart condition and the matter fell
off his radar. Having seen not long ago that the City passed an item to pay a contractor to clean
up Cairo Lane and install cameras directly to the Police Department to try and stop illegal dumping,
he pointed out that the property being considered in the item before the Commission, is one avenue
west of Cairo Lane and is vacant at night. He stated that because illegal dumping happens very
fast, he believes it is an impossible thing to regulate; sharing that even when he has called 9-1-1
and is transferred to the Opa-locka Police, by the time they do get out there, the person is gone.
While he said that it is no one's fault and that he is sure the applicant doesn't want illegal dumping
in the City, he stated that it is just the reality of things.
There being no additional members of the public to make comments, Mayor Pigatt closed the
public hearing.
It was moved by Commissioner Davis, seconded by Vice Mayor Williams to discuss the ordinance.
Mayor Pigatt asked City Manager Pate to introduce the item.
City Manager Pate asked Community Development Director Gregory Gay to introduce the item.
Community Development Director Gregory Gay stated that the item is for the rezoning of the
construction and demolition waste processing facility property that was previously addressed on
the agenda. Mr. Gay explained that the zoning for the property would need to be changed from I-
3 which is for planned industrial uses to I-2 which is for a liberal industrial use. He informed the
Commission that the item was presented before the Planning & Zoning board, which
recommended approval. Mr. Gay also reported that the staff from his department also
recommended the approval of the rezoning of the site and offered to address any questions the
Commission has.
Mayor Pigatt opened the floor for the discussion of the item.
Regular Commission Meeting Minutes — May 26, 2021 50
Commissioner Davis noted that the rezoning is a decision that is left fully up to the Commission,
and he stated that he is not in support of any sort of rezoning of the property. The Commissioner
also acknowledged that the proposed use for the property is a point of concern. He explained that
the only reason he voted to approve the site plan and development agreement for the property was
to steer clear of the legal liability that could present itself, considering that the City's code would
have worked against them if the Commission had denied those applications. The Commissioner
asserted that he will not vote to approve the item because he feels it does not positively impact the
community.
Mayor Pigatt stated for the record that he supported the site plan and development plan for the
property because it will bring the development to the City and will no longer have a parking lot on
the property. The Mayor recognized the point made by Mr. Marc Cooper during the public hearing
and expressed a similar concern that Opa-locka may be seen as a place for construction debris,
which may be dumped somewhere else if the facility is closed. He acknowledged that there is
already a lot of debris that comes into the City and said that the property provides an opportunity
to direct people to a place where they can properly dump that debris. The Mayor also said that he
is very much in support of recycling materials instead of them going into landfills, recognizing the
importance to the community and the planet. Expressing his support for the item as a great
opportunity, the Mayor pointed out that with the direction his colleagues were taking and not
having a full Commission on the dais, that the item may fail unless it is deferred or there is more
of an understanding that could be provided.
Vice Mayor Williams stated that she understood what Mayor Pigatt was saying and admitted that
she was back and forth with the waste facility item. The Vice Mayor expressed that a main concern
of hers was what would be done with the waste when the facility is closed. She stated that she
thinks everyone will believe that Opa-locka is the place where everything is dumped. Noting that
the proposal for the facility is for it to process only construction and demolition debris, the Vice
Mayor pointed out that one of the major things that are seen around Opa-locka are mattresses. She
said she has questions, including whether or not the waste facility would walk over the mattresses
or if they would go around Opa-locka and collect all of the illegally dumped construction material.
The Vice Mayor said that is why she is not in support of the item.
Commissioner Taylor stated that he is torn but asserted that he would rather a development instead
of a parking lot on the property, adding that it is an eyesore when you drive over there. The
Commissioner pointed out that the property owner wants to develop the land and turn it into
something that is worth something and he can support that, rather than leaving what is there now.
There being no further discussion, the ordinance failed by a 2-2 vote.
Commissioner Taylor Yes
Vice Mayor Williams No
Regular Commission Meeting Minutes — May 26, 2021 51
Commissioner Burke Not Present
Commissioner Davis No
Mayor Pigatt Yes
C. RESOLUTIONS):
17. CITY MANAGER'S REPORT:
Mayor Pigatt asked for the City Manager to deliver a report to the Commission.
City Manager Pate stated that he planned for the meeting to be two hours long and had prepared a twenty-
seven -page slide show for the Commission. Mr. Pate noted that it was nearly 11 PM and asked the
Commission if they would like him to go through all of the pages or highlights. Acknowledging the
Commission's response, Mr. Pate offered to provide insight with his report. He acknowledged that some
significant progress was made with appropriations from the State as was explained by State Representative
James Bush and he is very excited to see what next year brings. The Manager also said he would ask City
Clerk Flores to poll the Commission to determine the date for a closed session meeting to discuss collective
bargaining, including the Police and AFSCME union contract negotiations. He also informed the
Commission that he will ask the Clerk to poll the Commission to determine the date for the rescheduling
of the Commission Priorities Workshop, which he hoped would be in June or July, spaced out enough to
get more accomplished. Mr. Pate reminded the Commission that his twenty -seven -page presentation was
provided to them, and they can contact him directly if they have any questions. He asserted that if any
member of the Commission wants him to answer any questions publicly at the next meeting, he is okay
with it because he said that he thinks transparency and exuding leadership values are key, and added that
he always strives to do that no matter what position he is placed in. Mr. Pate shared that he has the same
expectations of his staff, which he said report to him on a daily basis. He offered to take any questions
from the Commission related to the City Manager's Office.
Vice Mayor Williams pointed out that the umbrella topic of the Commission meeting was illegal dumping
and asked City Manager Pate how the illegal dumping initiative and cameras are moving forward.
City Manager Pate explained that because the illegal dumping initiative legislation has a fiscal impact, the
City needs to wait for State approval. Mr. Pate informed the Commission that the State's cycle typically
takes between thirty to forty-five days, and then the Governor's designee will render their opinion through
their monthly memorandum with their mass approval of all of the legislation that has been passed. Once
that occurs, he stated that the legislation will be executed, and a plan of action will be put in place. Mr.
Pate committed to reaching out to the Governor's designee tomorrow to ask what the status is and said he
would provide Vice Mayor Williams with a personal update.
Vice Mayor Williams recalled that within the illegal dumping legislation, the Commission approved the
use of an app that will allow residents to report illegal dumping and asked if the app was connected to the
budget or if the app could be launched now. The Vice Mayor reported that she has been getting calls left
and right about massive illegal dumping in the City and those people are taking pictures but have nowhere
to send them except to her phone. She stated that if the app could move forward, it would be great.
Regular Commission Meeting Minutes — May 26, 2021 52
City Manager Pate confirmed that the app could be launched. Mr. Pate said that he thinks Information
Technology Director Nelson Rodriguez heard Vice Mayor Williams loud and clear and he will make sure
that the Click Fix app goes live.
Commissioner Davis requested that City Manager Pate forward the previous union agreements that were in
place prior to the shaded collective barga'ning meeting, so that the Commission has a background on the
City's position related to negotiating union contracts.
City Manager Pate asked City Clerk Flores if she can facilitate getting the past union contracts to the
Commission.
City Clerk Flores confirmed that she would forward the past union contracts to the Commission.
Mayor Pigatt pointed out that there has been a lot of media attention given to an employee in the Building
Department stealing from the City, characterizing it as another challenge that has been brought to light in
that department. The Mayor recalled that the department has also faced challenges with the cost to the City
of the strip club litigation, in addition to the cost to the City of the moratorium from the Miami -Dade
Department of Environmental Resources, and the issue with the liquor store which required the City to give
up almost all of its residential surplus property. He lamented that it has become a theme with the department
and expressed his concern about what is going on, not being able to believe that it is possible for that much
money to be stolen from a City. The Mayor shared that there were people who checked cash and supervisors
that make sure things are together in all of the other nonprofits and places he's worked with, and said he
wants to know what Management has done to address the challenges and make sure there are checks and
balances in the department.
City Manager Pate thanked Mayor Pigatt for bringing up the news reports about the theft from the City that
occurred in 2017, 2018 and 2019. Mr. Pate reported to the Commission that when he came on as City
Manager, he was well aware of the active criminal investigation within the Building & Licensing
Department and thus the investigation by entities outside of Opa-locka is not new news, but he did
acknowledge that someone going to jail is new news. He stated that he has been in meetings to look at
different options to present to the Commission in regard to the Building & Licensing Department as well
as Code Enforcement and reminded the Commission that he sent them an email with one of the options
which would outsource one or both of the departments. Mr. Pate noted that his announcement of the option
to outsource the departments came before the former employee was indicted for the nearly $250,000 that
they allegedly took from the City of Opa-locka. He assured the Commission of his awareness of the
challenges in the department and that all options are being looked at. With his understanding that the
Commission wants to move quickly to resolve this, Mr. Pate asked the Commission for consensus on
whether or not they would like for him to initiate a request for proposals process to outsource the department
or if they would prefer that he piggyback the contract by fmding firms that do business in other
communities Offering to be able to present the options to the Commission at the next meeting with their
fiscal impact, he said that if they can share their thought process on the matter, it can assist him and his staff
in determining how to proceed forward.
Mayor Pigatt stated that City Manager Pate mentioned a few things that raised some flags, including that
he has been aware of the challenges in the Building & Licensing Department since he began serving as
Regular Commission Meeting Minutes — May 26, 2021 53
Manager and also mentioned the things in the past that occurred, in addition to the things that are occurring.
The Mayor asked Mr. Pate what is occurring now.
City Manager Pate assured Mayor Pigatt that there's nothing occurring at the moment.
Mayor Pigatt reminded City Manager Pate that the Commission hired him to make the tough decisions to
manage day-to-day operations in the City. The Mayor expressed that he does not see the decision about
potentially outsourcing the Building & Licensing Department as well as Code Enforcement as a policy
discussion and thus he won't weigh in on it. He stated that Mr. Pate understands the details of those
departments more than anyone on the dais and that he has the expertise, knowledge and resources needed,
in addition to the opportunity to consult with other city managers to determine the best direction to move
in. The Mayor said that he would personally like the recommendation on this matter from Mr. Pate. He
noted that throughout the meeting, it was clear that problems are known but are not addressed and said he
does not like being put in the position with the Commission not knowing what is going on and having
questionable things brought up. The Mayor stated that he looks forward to something being done to address
the issue because it does not look good, and the City does not want the image that things are not going right.
He asserted that the Commission wants to be very clear that the City is making changes, addressing all of
its issues and that there is no tolerance at all for wrongdoing. The Mayor also pointed out that the City
received $1 million for the Police headquarters and asked what the plan was to act on that. He asked if they
had the exact cost of the Police department, when it will be built, whether the $1 million will cover the
entire cost and if not, how it will be part of the City's 5 -year recovery plan, as well as what allocations need
to be made to ensure that the Police Department has a headquarters as swiftly as possible.
City Manager Pate pointed out that Mayor Pigatt had just discussed the inflating Police budget and how it
could affect the City not being able to drop expenditures next year based on State legislation that passed,
but now he is not clear. Mr. Pate asked for a clear understanding of the Commission's intent, reminding
them that he works for and takes guidance from the five of them. Based on some of the concerns that the
Commission expressed, he wants to make sure that when he puts staff to task tomorrow, that the product
being delivered to the Commission is going to happen. Mr. Pate reported that he has already been in
conversation with City staff about the Police Department funding and stated that he is planning a multi -
phased approach, since it will cost about $3.7 million to tear down and complete a proper remediation of
the old site and then build up the new headquarters. He stated that the initial $1 million will be used to
clear the site and he thinks that is more than enough to do so. Mr. Pate shared that he has already been in
communication with State Representative James Bush about spreading out the funding and requesting
additional monies from the Florida Legislature next year, in order to actually build the site. He informed
the Commission that there are issues with the site which do require the remediation process, but he feels
the funds that are currently allocated can be used for the process. Mr. Pate also pointed out that the funds
have not yet been approved by Florida's Governor. In addressing the concerns about the City, he recalled
that the Mayor has educated him on many concerns that he has observed prior to him being hired as Manager
and even concerns he's had since he began serving as Manager. Mr. Pate acknowledged that the
government moves slowly and that he hears about allegations every day, including wrongdoing that occurs
in any department. He pointed out that the government took action and the individual who stole from the
City was held accountable. Mr. Pate assured the Commission that he takes very seriously his responsibility
to the residents and the people that sit on the dais. He committed to putting his staff on task tomorrow to
Regular Commission Meeting Minutes — May 26, 2021 54
be able to bring his recommendation before the Commission, to transform the Building & Licensing
Department and Code Enforcement Department.
Mayor Pigatt recalled that at the last Commission meeting, he requested a written report on the status of the
plans for hurricane preparedness, the Glorieta Gardens Apartments Police Substation as well as the bus
benches but the Commission has not received that yet and asked City Manager Pate to provide those reports.
The Mayor made an additional request for a report on the Police headquarters and said that he hopes the
Commission will actually get it. Specifically, he asked Mr. Pate to include in the report what he discussed
at the Commission meeting as well as what the Police headquarters will look like, in addition to whether or
not it will be the same building and have the same amenities, because the Commission wants to be able to
showcase it and talk about the $1 million that the City received for the project.
City Manager Pate stated that he understood Mayor Pigatt's requests and that he usually gets a legislative
check sheet after every Commission meeting and will put staff on task tomorrow to get everything the
Commission needs.
18. OFFICIAL BOARD REPORTS:
There were none.
19. FUTURE AGENDA ITEMS:
There were none.
20. MAYOR/COMMISSION REPORTS:
Commissioner Taylor thanked everyone that supported the Bingo and Chill event that he sponsored. The
Commissioner also thanked the Police Department that supported the Police appreciation breakfast. He
also urged the Commission to consider the City's staff and themselves when they are conducting meetings
and workshops. The Commissioner acknowledged the fact that this meeting had a long agenda but pointed
out that there are times when the Commission has two agenda items, and the meeting goes on for two or
three hours. The Commissioner also pointed out that the City's staff has been working all day and it is
almost midnight. He asked that consideration be given of people's time when the Commission is doing
these meetings, with it seeming like there are more workshops than Commission meetings and nothing is
being accomplished beyond the conversations that are then continued at the next workshop. Commissioner
Taylor concluded his report asking the Commission to be fair to the City's staff and each other.
Mayor Pigatt stated that he would like more details on a better strategy for Commission meetings and
workshops. The Mayor recalled that when he was first on the dais, it was a normal occurrence and stated
that the Commission has gotten a lot better but said that he wanted to discuss how they can do better.
Vice Mayor Williams reported that she recently sponsored a Firefighter recruitment fair that was extremely
successful with over one hundred candidates in attendance. With the Firefighter applications opened, the
Vice Mayor expressed excitement that the recruitment fair happened in Opa-locka. She thanked Captain
Bell for coming into Opa-locka to make the recruitment fair happen, and she expressed her hope that the
City gets a lot of job opportunities. The Vice Mayor also echoed Commissioner Taylor's sentiments,
Regular Commission Meeting Minutes — May 26, 2021 55
suggesting that the Commission needs to re -visit their one-on-one meetings with City Manager Pate because
she believes that their meetings would go faster.
Commissioner Davis acknowledged the first Citywide Juneteenth event which will take place on June 19th
at the Arts & Recreation Center on Ali Baba Avenue. The Commissioner shared that the event will have
food, music, and vendors as well as many cultural performances and experiences. He encouraged the
community to celebrate the commemoration of Juneteenth in the great City of Opa-locka. The
Commissioner acknowledged that time is of the essence and pointed out that how that time is managed,
determines success. He reminded the Commission that because of the sunshine law, their hands are tied on
how they interact as public officials. The Commissioner acknowledged that they can all meet with the
Manager individually, which he said is a right that he is sure they all exercise but stated that it is difficult
to gain consensus in those settings because they don't necessarily talk about the same subjects. He also
pointed out that Commission workshops provide the opportunity for them to gain consensus on the agenda,
making it easier to manage the Manager and accomplish their goals. Sharing that he works two jobs in
addition to his responsibilities to the City, the Commissioner did acknowledge the strain that Commission
meetings and workshops put on City staff and even the Commission, and said he understands his colleagues'
concerns about time. The Commissioner concluded stating that he looks forward to any suggestions put
forth to move things along at the Commission meetings and workshops.
Mayor Pigatt congratulated and recognized his colleagues for all of the events including the Bingo and Chill
which celebrated Opa-locka's 95 -year history, in addition to the amazing full room for the Firefighters
session and the Juneteenth celebration. The Mayor acknowledged that there is definitely a change and he
said that he is proud to be a part of it. He thanked each and every one of the City staff that is a part of the
process, as working professionals who are moving the City forward. The Mayor then gave City Attorney
Norris -Weeks' time to make an announcement.
City Attorney Norris -Weeks provided notice that a private closed door attorney client session will be held
in the City Commission Chambers at the Sherbondy Village Auditorium on June 9, 2021 at 6 PM.
21. OFFICIAL BOARD APPOINTMENTS:
There were none.
22. ADJOURNMENT:
There being no further business to come before the City Commission, it was moved by
Commissioner Davis, seconded by Vice Mayor Williams to adjourn the meeting at 11:35 p.m.
Regular Commission Meeting Minutes — May 26, 2021
Matthew A. Pigatt
Mayor
56
Attest:
AA,„
J nna Flores, CMC
C Clerk
Regular Commission Meeting Minutes — May 26, 2021 57
FORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME —FIRST NAME —MIDDLE NAME
Taylor, John H.
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEE
City Commission
MAILING ADDRESS
780 Fisherman Street, 4th Floor
CITY
Opa-locka
COUNTY
Miami -Dade
THE BOARD, COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
WHICH I SERVE IS A UNIT OF:
Ef CITY 0 COUNTY
0 OTHER LOCALAGENCY
DATE ON WHICH VOTE OCCURRED
June 9, 2021
NAME OF POLITICAL SUBDIVISION:
City of Opa-locka
MY POSITION IS:
ar ELECTIVE 0 APPOINTIVE
WHO MUST FILE FORM 8B
This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council,
commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a votinbconflict of
interest under Section 112.3143, Florida Statutes. -,-I
d
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary g eatlyA nding
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions or is fgsn'before
completing and filing the form.
f•
mc :71 I
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES m
cri
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measuM which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
* *
* *
* *
* *
* *
* *
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and
WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the
minutes of the meeting, who should incorporate the form in the minutes.
*
*
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112.3143 from otherwise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to influence the decision,
whether orally or in writing and whether made by you or at your direction.
IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B - EFF. 11(2013
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
PAGE 1
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
I, John H. Taylor Jr
, hereby disclose that on June 9
,20 21
(a) A measure came or will come before my agency which (check one or more)
inured to my special private gain or loss;
/ inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of , by
whom I am retained; or
inured to the special gain or loss of , which
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
It may seem that I have a personal interest in this matter.
If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nat of the interest in such a way
as to provide the public with notice of the conflict.
06/22/2021
Date Filed
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $10,000.
CE FORM 8B - EFF. 11/2013
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
PAGE 2
16NW I
NEIGHBORS I
CITY OF OPA-LOCKA
NOTICE OF HISTORIC ENVIRONMENTAL PRESERVATION
BOARD MEETING
NOTICE IS HEREBY GIVEN that a meeting of the Opa-locka Historic
Environmental Preservation Board Meeting will be held on Thursday,
April 14, 2022, at 6 p.m., in the auditorium at Sherbondy Village, 215
Perviz Avenue, Opa-locka, Florida. The purpose of the Historic Environmental
Preservation Board Meeting is to discuss and consider the following:
A) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING THE RECOMMENDATION OF THE HISTORIC
ENVIRONMENTAL PRESERVATION BOARD TO ISSUE A CERTIFICATE OF
APPROPRIATENESS FOR THE STRUCTURE AT 806 JANN AVENUE TO
ALLOW FOR THE REPLACEMENT OF THREE WINDOWS AND A DOOR ON
REGISTERED HISTORIC PROPERTY; PROVIDING FOR AN EFFECTIVE DATE.
B) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING THE RECOMMENDATION OF THE HISTORIC
ENVIRONMENTAL PRESERVATION BOARD TO ISSUE A CERTIFICATE OF
APPROPRIATENESS FOR THE STRUCTURE AT 910 JANN AVENUE TO
ALLOW FOR THE CLOSURE OF THE TERRACE, LEGALIZE THE SECONDARY
LIVING UNIT IN REAR OF PROPERTY, LEGALIZE THE PAVERS AND
LEGALIZE THE PERGOLA AND INTERIOR RENOVATIONS ON REGISTERED
HISTORIC PROPERTY; PROVIDING FOR AN EFFECTIVE DATE.
Procedures for Public Participation
Historic Environmental Preservation Board Meetings are held in -person while
allowing virtual participation. Members of the public wishing to address the
Planning & Zoning Board may do so in person or virtually.
To participate virtually, please register online by 6:00 p.m. on the scheduled
meeting date via the City of Opa-locka website at www.opalackafl.gay.
How to watch the meeting
Members of the public can watch City of Opa-locka public meetings at
https://www.voutube.com/user/Citvof0paLocka.
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made
by any board, agency, or commission with respect to any matter considered
at such meeting or hearing will need a record of the proceedings, and for that
reason, may need to ensure that a verbatim record of the proceedings is made,
which record includes the testimony and evidence upon which the appeal may
be based.
In accordance with the Americans with Disabilities Act of 1990, persons needing
special accommodations to participate in the proceeding should contact the
Office of the City Clerk at (305) 953-2800 (voice) for assistance at least 24 hours
prior to the proceeding. TTY users may call via 711 (Florida Relay Service) prior to
the proceeding. For questions and/or additional information, please contact the
Office of the Community Redevelopment Clerk by email at khall@opalockafl.gov
or by telephone at (305) 953-2868 Ext. 1504.
Kinshannta Hall
Historic Environmental Preservation Clerk
SUNDAY APRIL 32022
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will
hold public hearings at the Regular Commission Meeting on Wednesday, April 13, 2022
at 7:00 p.m., at Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to
consider the following items for final adoption:
RESOLUTIONS J PUBLIC HEARINGS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
APPROVING THE FINAL SITE PLAN REVIEW REQUEST FOR THE CONSTRUCTION OF A
FIVE -STORY, 98 UNIT RESIDENTIAL BUILDING THAT INCLUDES 10 LIVE -WORK UNITS
AND 196 PARKING SPACES AT APPROXIMATELY 13800 NW 22ND AVENUE, WITHIN THE
CITY; IDENTIFIED BY FOLIOS 08-2122-011-0240, 08-2122-011-0250, 08-2122-011-0260,
AND 08-2122-011-0310 IN THE B-2 ZONING DISTRICT AND WITHIN THE CORRIDOR
MIXED USE OVERLAY DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA
APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A FIVE -
STORY, 98 UNIT RESIDENTIAL BUILDING THAT INCLUDES 10 LIVE -WORK UNITS AND 196
PARKING SPACES AT APPROXIMATELY 13800 NW 22ND AVENUE; IDENTIFIED BY FOLIOS
08-2122-011-0240, 08-2122-011-0250, 08-2122-011-0260, AND 08-2122-011-0310 IN THE
B-2 ZONING DISTRICT AND WITHIN THE CORRIDOR MIXED USE OVERLAY DISTRICT;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION AND
OPERATION OF A SELF STORAGE FACILITY ON THE PROPERTY LOCATED AT 12940 NW
27TH AVENUE AND THE ADJACENT PARCEL LOCATED AT THE CORNER OF NW 129TH
STREET AND NW 27TH AVENUE AND IDENTIFIED BY FOLIOS 08-2128-004-0031 AND
08-2128-004-0022, IN THE B-3 ZONING DISTRICT; PROVIDING FOR INCORPORATION
OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
APPROVING THE RE -APPLICATION REQUEST OF 3805 NW 132 STREET, LLC. TO
REZONE PROPERTY LOCATED AT 3805 NW 132ND STREET, OPA-LOCKA, FLORIDA,
IDENTIFIED BY FOLIO #08-2129-010-0090 FROM THE 1-3 ZONING DISTRICT TO
THE 1-2 ZONING DISTRICT AS PERMITTED BY SECTION 22-49(P) THE CITY'S LAND
DEVELOPMENT REGULATIONS PERTAINING TO RECONSIDERATION OF A PREVIOUSLY
DENIED APPLICATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE.
All interested persons are encouraged to participate and will be heard with respect to the
public hearings.
Additional information on the above item may be obtained by contacting the Office of the City
Clerk by telephone 305-953-2800 or email jflores@opalockafl.gov. To participate or provide
comments virtually, please register on the City of Opa-locka website at www.00alockafl.cov
no later than 7:00 p.m. on Wednesday, April 13, 2022.
In accordance with the Americans with Disabilities Act of 1990, persons needing special
accommodations to participate in the proceeding should contact the Office of the City
Clerk at (305) 953-2800 for assistance not later than five (5) days prior to the proceeding.
If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY),
(800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877) 955-8707 (Creole).
PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any
board, agency, or commission with respect to any matter considered at such meeting or
hearing will need a record of the proceedings, and for that reason, may need to ensure that
a verbatim record of the proceedings is made, which record includes the testimony and
evidence upon which the appeal may be based.
Joanna Flores, CMC
City Clerk
City of Opa-locka