HomeMy Public PortalAbout11-08 Vacation of a Portion of Duval Street 111 1111 11111 11111 11111 11111 1111 1 11111 Ell 1111
1St Reading: May 25, 2011 OR F',k 27781 PSIS 3972 -- 3976; (5P9s
2nd Reading: June 22, 2011 RECO DE I�0 ,,x'05/ rill ]. a 's`: ;3
Public Hearing: June 22, 2011 FV RVE:Y IUViN CL.E.RK. OF COURT
g' MIAMI--DACE COUNTY? FLORID
Adopted: June 22, 2011
Effective Date: June 22, 2011
Sponsored by: City Manager
ORDINANCE NO. 11-08
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE
VACATION OF A PORTION OF DUVAL STREET,
SPECIFICIALLY THE AREA SOUTH OF NORTH WEST
151ST STREET AND THE AREA NORTH OF GRANT
STREET; PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Planning Council of the City of Opa-locka has agreed with the request
of Opa-locka Community Development Corp., to vacate that portion of Duval Street South of
NW 151st Street and North Grant Street, and has recommended approval, with the condition that
the redevelopment of 15050 Duval Street and the vacated right-of-way be completed by
December 13, 2014; and
WHEREAS: the street vacation is intended to assist in the Opa-locka CDC Corporation
redevelopment of Magnolia North by providing additional parking space and other purposes; and
WHEREAS, the City Commission of the City of Opa-locka approves the vacation of a
portion of the public right of way of Duval Street, lying North of Grant Street and South of NW
151St. Street; and.
WHEREAS, the legal description of said property is shown on Plat Book 40, Page 80, of
the Public records of Miami-Dade County, Florida:
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA,FLORIDA:
Section 1. The recitals to the Preamble herein are incorporated by reference.
Section 2. That portion of the public right of way on Duval Street, lying North of Grant
Street and South of NW 151St Street as shown on Plat Book 40, Page 80, of the Public Records of
Miami-Dade County, Florida, is hereby vacated.
Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance
is held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the
remainder of this Ordinance.
Section 5. CODIFICATION. This ordinance shall be codified in the Code of
Ordinances when the code is recodified.
Section 6. EH-ECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately
PASSED AND ADOPTED this 22nd day of June, 2011.
i
MY' • TAYLOR
MAYOR
to
Deborah S. Jr■
City Clerk
Approved as to form and legal sufficiency:
a , A 4 _ _
Jos os- . (,eller
C' Atto ey
Moved by: COMMISSIONER H• MES
Seconded by: VICE MAYOR JOHNSON
Commission Vote: 4-0 1, -�X1'1\-)a '\C� e-S Deputy City Clerk of the
Commissioner Holmes: YES �of�-LoCka,Miami-Dade County, Florida do hereby
cert that this is a true and correct copy
Commissioner Miller: YES of .(VIn nme 1.i e. 11—C sg
Commissioner Tydus: NOT PRESENT as shown in the official records of the City of Opa-Locka,
Vice-Mayor Johnson: YES Miami-Dade County, Florida. -{F
Mayor Taylor: YES i rider my hand a20 seal al this day of
eputv City Clerk
•
LEGAL DESCRIPTION: That portion of the 50 foot right of way of Ducal street lying between Block 1 and Block 2,
"Ma. olia Subdivision" Accordin• to the slat thereof as recorded in slat book 40 .a:e 80 of the sublic records of
Miami-Dade County, Florida, and between the South right of way line of N.W. 1515`street and the North right of way line
of Bobby Bradley Avenue more particularly described as: Commence at the Northwest corner of lot 4, in said block 1;
thence South 89 degrees 39 minutes 41 seconds east, along the south ri ht of way line of N.W. 150 street, for a distance
of 14.31 Feet to the point of the beginning; Thence continue South 89 degrees 39 minutes 41 seconds East, along said
South right of way line for a distance 112.21 feet to a point on a curve, a radial line from said point bears south 00 degrees
20 minutes 19 seconds West; Thence Southwesterly along the arc of a curve to the left, having a radius of 25.00 feet, a
central angle of 116 degrees 58 minutes 29 seconds for an arc distance of 51.04 ft. to a point on the Easterly right of way
Duval Street bein• a point of tan•enc • Thence South 26 degrees 38 minutes 10 seconds East along said Easterly right of
way line, for a distance of 47.55 ft. to appoint of curvature of a curve to the left; Thence Southwesterly along the arc of
said curve having a radius of 25.00 ft. a central angle of 90 degrees 00 minutes 00 seconds for an arc distance of 39.27 ft.
to a .oint on the North right of wa line of Bobb Bradle Avenue. Thence South 63 degrees 21 minutes 50 seconds West
along said North right of way line, for a distance of 100.00 ft. to appoint on a curve, a radial line from said point bears
North 26 degrees 38 minutes 10 seconds West; Thence Northwesterly along the arc of said curve to the left, having a
radius of 25.00 ft., a central angle of 90 degrees 00 minutes 00 seconds for an arc distance of 39.27 ft., to a point on the
Westerly right of way line of Duval Street being appoint of tangency; Thence North 26 degrees 38 minutes 10 seconds
West Along said Westerly right of way line, for a distance of 98.45 ft. to a point of curvature of a cure to the left; Thence
Northwesterly along the arc of said curve having a radius of 25.00 ft. a central angle of 63 degrees 01 minute 31 seconds
for and arc distance of 27.50 feet to the point of beginning.
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Planning.Council
RESOLUTION NO. 050311-1
RESOLUTION OF THE PLANNING COUNCIL, CITY OF OPA-LOCKA, RELATING TO
THE APPLICATION OF: NEIGHBORHOOD HOUSING, LLC; OPA-LOCKA
COMMUNITY DEVELOPMENT CORPORATION, 490 OPA-LOCKA BOULEVARD,
OPA-LOCKA, FL 33054
REQUEST: TO VACATE PUBLIC RIGHT OF WAY — DUVAL STREET,
NORTH OF GRANT STREET AND SOUTH NW 151 STREET
WHEREAS, the Applicant has appeared before this (Board) (Agency) for the relief requested
in the application, and all evidence, documents and exhibits have been received
and marked pursuant to the Code of Ordinances of the City of Opa-locka.
NOW THEREFORE, IT IS RESOLVED AS FOLLOWS:
1. That the relief requested in the application by the Applicant be and the same is
hereby:
(X) Approved with conditions—4-0
Ella Cobbs—yes
Elio Guerrero—yes
Alvin Burke - yes
Calvin Russell - yes
( ) Disapproved
( ) Not determined until additional consideration at the regular meeting to
be held on the day of ,
2. That the following special conditions be and they are hereby imposed,
conditioning the determination aforementioned:
PC Resolution#050311-1
Page 1 of 2
SR Bk 27781 PG 3976
LAST PAGE
•
CERTIFICATE
I HEREBY CERTIFY that the foregoing resolution containing the determination of this (Board)
(Agency), is a true and correct copy as reflected upon the public records of the City of Opa-locka
this MAY 03, 2011.
PLANNING COUNCIL
(BOARD) (AGENCY)
Presiding Officer or Administration Head
BOARD CHAIRMAN
Title
No. of Copies
Certified: 3
PC Resolution#050311-1
Page 2 of 2
LEGAL DESCRIPTION: That portion of the 50 foot right of way of Ducal street lying between Block 1 and Block 2,
"Magnolia Subdivision", According to the plat thereof, as recorded in plat book 40, page 80, of the public records of
Miami-Dade County, Florida, and between the South right of way line of N.W. 151ST street and the North right of way line
of Bobby Bradley Avenue more particularly described as: Commence at the Northwest corner of lot 4, in said block 1;
thence South 89 degrees 39 minutes 41 seconds east, along the south ri ht of way line of N.W. 151st street, for a distance
of 14.31 Feet to the point of the beginning; Thence continue South 89 degrees 39 minutes 41 seconds East, along said
South right of way line for a distance 112.21 feet to a point on a curve, a radial line from said point bears south 00 degrees
20 minutes 19 seconds West; Thence Southwesterly along the arc of a curve to the left, having a radius of 25.00 feet, a
central angle of 116 degrees 58 minutes 29 seconds for an arc distance of 51.04 ft. to a point on the Easterly right of way
Duval Street being a point of tangency; Thence South 26 degrees 38 minutes 10 seconds East along said Easterly right of
way line, for a distance of 47.55 ft. to appoint of curvature of a curve to the left; Thence Southwesterly along the arc of
said curve having a radius of 25.00 ft. a central angle of 90 degrees 00 minutes 00 seconds for an arc distance of 39.27 ft.
to a point on the North right of way line of Bobby Bradley Avenue;Thence South 63 degrees 21 minutes 50 seconds West,
along said North right of way line, for a distance of 100.00 ft. to appoint on a curve, a radial line from said point bears
North 26 degrees 38 minutes 10 seconds West; Thence Northwesterly along the arc of said curve to the left, having a
radius of 25.00 ft., a central angle of 90 degrees 00 minutes 00 seconds for an arc distance of 39.27 ft., to a point on the
Westerly right of way line of Duval Street being appoint of tangency; Thence North 26 degrees 38 minutes 10 seconds
West Along said Westerly right of way line, for a distance of 98.45 ft. to a point of curvature of a cure to the left; Thence
Northwesterly along the arc of said curve having a radius of 25.00 ft. a central angle of 63 degrees 01 minute 31 seconds
for and arc distance of 27.50 feet to the point of beginning.
City of Opa-Locka Planning Council STAFF REPORT
Meetingon April 3, 2011
Applicant Neighborhood Housing,LLC
Request Vacate a portion of Duval Street(North of Grant Avenue/South of 151st
Street
Location Street portion East of 15050 Duval Street
Legal Description See Attached
Property Size Unknown
Zoning N/A
Existing Land Use N/A
Future Land Use N/A
Designation
Comprehensive Plan The subject property is currently designated as street right-of-way. This
Consistency request is inconsistent with the continued use as a street right-of-way.
This request does however give opportunity for a Comprehensive Plan
goal of increasing green space.
Other Required The City Commission must by ordinance vacate this street right-of-way.
Approvals
Applicable ULDR
Sections ,
Setbacks/Yards ,q W ' { ' ° F e .:.,,, =
Front None None
Rear None None
Side (South) None None
Side(North) None None
Lot Density N/A N/A
Lot Size N/A N/A
Lot Width — N/A N/A
Building Height N/A N/A
----- ------
' Structure Length N/A N/A
----- ---- ------
Floor Area N/A - N/A
Vehicular Use Area N/A N/A
Landscaping
Landscaping Lot N/A N/A
Coverage
Open N/A N/A
Parking N/A N/A
Notification This request to vacate this portion of Duval street was properly noticed
Requirements pursuant to state law and city charter.
Project Planner Gerald Lee
Howard Brown
Request: 1) Vacate the North portion of Duval Street;
(North of Grant Avenue and South of 151st Street)
(FOR YARD MODIFICATIONS ONLY)
Required Proposed Modification
Requested
Front N/A N/A
Side (North) N/A N/A
Side (South) N/A N/A
Rear N/A N/A
Front None None
Side (North) None None
Side(South) None None
Rear None None
Property/Proiect Description:
N/A
Parking and Traffic:
N/A The street vacation requested will not increase traffic into the Magnolia North area. The
new proposed use will be for parking and green space.
Adequacy and Neighborhood Compatibility:
This subject property abuts 15050 Duval Street, this request, if granted, would improve the off
street parking accommodation for the aforementioned property. The proposed use is compatible
with the uses in this neighborhood.
Yard Modifications: (If applicable)
N/A
Comprehensive Plan Consistency:
This request is consistent with comprehensive plan objectives and goals.
Staff Determination/Recommendation:
No Staff Recommendation
O`p.l OC,t4
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MINUT(
PLANNING COUNCIL MEETING
TUESDAY, MAY 03, 2011
I ROLL CALL—Chairman Calvin Russell called the meeting to order at 7:10 pm. Present were Members Elio Guerrero,and
Vice Chairman Alvin Burke. Member Sheila Pruett was absent. Member Ella Cobbs arrived at 7: Also present were City
Attorney William Kramer, Community Development Director Howard W. Brown, Jr., City Planner Gerald J. Lee, and
Executive/Recording Secretary Oria E.Rodriguez.
II INVOCATION AND PLEDGE OF ALLEGIANCE - The Pledge was said in unison and Chairman Russell said the
invocation.
III APPROVAL OF MINUTES-APRIL 05,2011
Member Guerrero motioned approval of the minutes with any changes and Vice Chair Burke seconded the motion. Upon a
vote,the motion passed 3-0
Elio Guerrero—yes
Alvin Burke—yes
Calvin Russell—yes
IV. PUBLIC HEARINGS
1. APPLICANT INFORMATION:
NAME: NEIGHBORHOOD HOUSING,LLC
ADDRESS: 490 OPA-LOCKA BOULEVARD,SUITE 20
OPA-LOCKA,FL 33054
LEGAL DESCRIPTION: That portion of the 50 feet right of way of Duval Street lying between Block 1 and
Block 2, "Magnolia Subdivision", according to the plat thereof, as recorded in Plat
Book 40,Page 80,of the public records of Miami-Dade County Florida
REQUEST: VACATE PUBLIC RIGHT OF WAY —DUVAL STREET, NORTH OF GRANT STREET
AND SOUTH OF NW 151 STREET
Mr. Brown gave the Board an update of the case that was tabled at the April 5th meeting until this date to give the applicant time to
meet with concerned citizens who were not in favor of the project because they had not been well informed.
Applicant Colin Cochran came before the Board to make his presentation of the case.He said that they got together with members of
the community and Pastor Larkin. He also brought the information to the Board members so everyone could see what the intent of the
project and intended use. They showed a cherette where they canvassed the entire neighborhood and showed their 20-20 vision for
Multifamily and single family houses.
He is requesting the vacation of the right of way at 15050 Duval Street for the intended parking lot needed for the property. He went
on to give his Power Point presentation and explanations. Mr. Cochran stated he had been asked if they had successfully completed
any other projects and responded that yes they have. They have 9 apartment complexes, one in the City of Opa-locka. They have been
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allotted 20 million dollars and are purchasing property in the City, hence their name, Opa-locka Community Development
Corporation. They are hosting other projects at the Triangle and explained that this is a comprehensive plan. They have plans for
multi buildings at the Triangle.
Member Ella Cobbs arrived at 7:15 p.m.
A public hearing was opened for anyone opposing or in favor of the project. No one came up for the public hearing; therefore, the
public hearing was closed.
Vice Chair Burke asked if from the workshop if anything was done about conditional use. Mr. Brown said he had not heard anything
from the attorney regarding the conditions. Chairman Russell asked if the city would be compensated for the vacation of the right of
way. Mr. Brown responded no,that earlier this year a resolution was passed regarding a partnership agreement with OLCDC and the
City and that was part of the partnership agreement. Mr. Cochran said they have until January 2013 to utilize all the funds. To meet
their deadlines for completing the project they not only need to have the project completed but also have residents in the property.
Their goal is like 6 to 9 months and another 3 months for leasing, which is approximately by June 01, 2012. Chairman Russell
suggested that they put in the conditions until 2014 to give them ample time. Mr.Cochran agreed that it is fair enough. A motion was
then made by Vice Chair Burke and seconded by Elio Guerrero to approve the project with the necessary conditions.
The motion passed 4-0 to approve with conditions.
Ella Cobbs—yes
Elio Guerrero—yes
Alvin Burke—yes
Calvin Russell—yes
2. APPLICANT INFORMATION:
NAME: ZEPOL HOLDING LLC,NIGHTHAWK ENTERPRISES
ADDRESS: 550 BILTMORE WAY,#209
CORAL GABLES,FL 33134
PROPERTY ADDRESS: 3325 NW 135 STREET,OPA-LOCKA,FL 33054
LEGAL DESCRIPTION: THAT PARCEL DESIGNATED AS YACHT BASIN AND TRACT A, BLOCK 116
LESS PORT OF TRACT A AND PORT OF YACHT BASIN DESCENDING,
OPA-LOCKA PLAT#3,PB 31-14
FOLIO#: 0821210072700
REQUEST: AMENDMENT TO THE COMPREHENSIVE PLAN TO CHANGE LAND USE FROM
COMMERCIAL TO INDUSTRIAL
Attorney Javier Vasquez, law office at 6500 Cowpen Road,Miami Lakes Florida, came before the Board. He introduced some people
with him, co counsel Robert Holland, owners and principals of property Mr. and Mrs. Jim Lopez, Jose Gonzalez from Flagler
Development,and General contractor.Ozzie Carcochi. The subject property is a 6.2 parcel of vacant land. Their request is a land use
amendment from commercial to industrial.He noted that an accompanying request should have also been there but because of an error
in the advertisement;the company zoning change from B-3 to I-3 should have been before the Board on the agenda,he discussed the
issue with Mr. Lee and legal counsel and the zoning component will be advertises expeditiously to allow the request to be before the
Board at the next meeting.
Mr. Vasquez passed a handout showing pictures before and after they cleaned up the property. He also included pictures of the
adjoining properties. Mr. and Mrs. Lopez, Nighthawk Enterprises, has been operating at 7227 NW 29 Avenue for the last 10 years.
Nighthawk provides inland transportation of trailers and containers and serves as an import/export distribution facility of containerized
goods and these containers are routed from the port of Miami. They remain on the chassis at all times and thereafter are transported to
different destinations throughout the state of Florida. This property was purchased in June of 2010. For reasons beyond Mr. Lopez's
control he found himself in the predicament of disapproval and where a zoning change is required.
Robert Holland, 5955 NE 4th Court,Miami came before the Board and explained the reasons for their request. According to Miami-
Dade County, the North Dade end's unemployment rate is at 28% as of March of this year. Over the years Miami-Dade County has
primarily relied on tourism as its major source of revenue coming into this community. The game change is the seaport. The county
PlanningCounci05/03/11
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and the state agreed to put in an excess of 300 million dollars to dredge the seaport down to 50 feet. That means Opa-locka can be
positioned to be a major player within this community as relates to the industrial and warehouse community. Currently only small
boats can come in with metal containers. The mega ships come into the Caribbean,unload onto smaller boats to come into the eastern
boarder of the United States. On the western boarder of the USA the major ships go straight into California,L.A. or San Diego. There
is no eastern port with ability to accommodate these mega ships. Instead of going to the Caribbean,those major container ships come
directly to Miami, where they have to be unloaded and then ship to various parts of the eastern portion of the USA. Opa-locka has a
high concentration of warehouses in industrial communities. Opa-locka has the ability with some of its land use plan to accommodate
because it has access to rail,highways,the airport;more ways to get those goods going upstate.
People want this property to remain retail but there is no retail west of 27 Ave and 135 Street other than mom and pop operations. The
plaza across the street once had retail and now is a charter school. Crabby's Restaurant could not sustain itself. Around any airport
there are no grocery stores or major retail;only industrial movement, some hotels, small cafes and convenient stores.
Opa-locka already has the infrastructure in place to take advantage of to start economic development in the community. He thinks
from a planning standpoint that the best and highest use for the property is industrial although it is designated commercial. Of the
adjacent parcels there is only one that is designated commercial; all the others are industrial, even around and on the other side of the
airport.
After Mr. Holland finished his presentation Chairman Russell opened the public hearing for anyone in favor or opposed to the change
in land use. Mr. John Riley, 2960 NW 135 Street, Opa-locka and Oria Rodriguez, 785 W Superior Street, Opa-locka, and Mr. Marc
Cooper, 14561 NW 25 Avenue, Opa-locka came before the Board and spoke in favor of the change being that the property has been
an eyesore for many years with its current use and commercial use never worked there. The proposed land use is compatible with
what is there and around it. Also, the city needs jobs and this proposed use will bring jobs to the city. The property also has been an
unsightly condition,an eyesore,hazardous,garbage and trash,and vagrants hanging around for a long time.
Chairman Russell said that all the time he hears about businesses coming to Opa-locka that promise the world, that they will bring
businesses, the community is going to benefit,that they are going to bring jobs to the community. It does not come to fruition. They
end up with a business on the corner, and people will do what want to do to bring money and the city gets stuck with it whether good
or bad. When people talk about purchasing they should always do their homework on whether the property is applicable for the
intended use,instead of asking the city to do a lot for them,like land changes and zoning changes.
Vice Chairman Burke said he is very familiar with that property and surrounding area. Before he thought it would be spot zoning but
he look at the surrounding businesses in the area and cannot see anything better than a project of this magnitude and it can be a win-
win situation for the City.
Member Ella Cobbs said she is in favor of the change but would like for the City and the legal department to put some requirements in
place in the form of a covenant. Chairman Russell responded the Planning Council or the City does not have the authority to tell any
business how to do their business, who to hire or not hire.
After discussion was finished,Vice Chairman Burke made a motion to approve the land use change from commercial to industrial and
Member Guerrero seconded the motion.
Upon a vote the motion passed 4-0.
Ella Cobbs—yes
Elio Guerrero—yes
Alvin Burke—yes
Calvin Russell—yes
3. APPLICANT INFORMATION:
NAME: PAULO S.MAALI
ADDRESS: 12812 SW 45 DRIVE
MIRAMAR,FL 33027
PROPERTY ADDRESS: VACANT LAND ON NW 22 AVENUE, CORNER OF NW 147 STREET & ALI
BABA AVENUE
LEGAL DESCRIPTION: LOT 1,BLOCK 4,OPA-LOCKA INDUSTRIAL PARK,PB 77-73
PlanningCounci05/03/11
Page 3 of 6
FOLIO#: 0821220250270
REQUEST: FINAL SITE PLAN APPROVAL TO BUILD A NEW SNAPPERS FISH AND CHICKEN
RESTAURANT ON VACANT LAND
Paolo S. Maali came before the Board to present his case,but Chairman Russell asked him if it was o.k. to approve the request since
they had already heard all the information. Mr. Maali said it was o.k. Vice Chairman Burke made a motion to approve it and Ella
Cobbs seconded the motion.
Upon a vote,the motion passed 4-0.
Ella Cobbs—yes
Elio Guerrero—yes
Alvin Burke—yes
Calvin Russell-yes
4. APPLICANT INFORMATION:
NAME: CITY OF OPA-LOCKA
ADDRESS: 780 FISHERMAN STREET,4TH FLOOR
OPA-LOCKA,FL 33054
REQUEST: PLANNING COUNCIL TO CONSIDER AN ORDINANCE ON PROPOSED CHANGES
TO CITY ORDINANCE NO. 86-8 OF THE LAND DEVELOPMENT CODE FOR
SUBMITTAL TO THE CITY COMMISSION FOR THEIR APPROVAL
(a) Stand alone/self service ice vending machine use being permitted in the B-3 zoning district Mr. Jason
Cleighborn 13661 ATLANTIC BLVD., JACKSONVILLE, FL came before the board to ask consideration of
his request for allowing stand alone/self service ice vending machines in the B zoning districts. He had a CD
presentation but was unable to use it so he gave it to the recording secretary to forward. He would like for
consideration in B-1,B-2,and B-3. He came to familiarize the board on his concept.His company is Ice House
America and East Coast Ice. The way his company is set is they have their machines all over the states and they
have territorial managers. He introduced Chris Sutton who will be the operator in the area. Chris Sutton,5021
SW 201 Terrace in South West Ranches, minority owner of the company. Mr. Cleighborn then went with his
presentation explaining how the machines function. They have ice machines all over the world, 2038 total.
They are in 24 states, Australia, the Caribbean, Brazil Costa Rica, and Nigeria. In Florida they have 240 in 36
counties, the closest in Deerfield Beach County and 4 machines in Key West. Their company is celebrating its
10 years anniversary.
These machines are very sophisticated. Unlike ice from traditional packaged ice producers, ice from IHA/ECI
vending machines are stored in a stainless steel sanitary bin inside the machine until dispensed,eliminating any
chance of leaching chemicals from prolonged exposure to the plastic bags or multiple persons handling the
product. People get clean, filtered, fresh ice that has never been touched by human hands. They will receive
exactly what they purchase. The machines accept cash, credit or debit cards making the transactions easy and
convenient. The machines dispense the ice into a cooler or into bags which the machine itself produces and
bags. Mr. Cleighborn showed pictures of the type of machines; the Ice Vending mini,the Ice Vending Mobile,
and the Ice Vending Hut. The machines are high technology and weight about 10,000 pounds. They are
available 24/7.
Chris Sutton came to explain about the setup. Regarding maintenance, the machines are not maintained from
Jacksonville;he is the local managing partner and lives in Broward County. For each machine placed including
PlanningCounci05/03/11
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the ones in Key West they have employees for each specific machine and they have requirements they have to
meet. Going through their cell phones is the monitoring system that will give them an air message if something
comes up. They have a weekly standard operating procedures needed to be followed. Right now they have a
signed lease at the Price Choice Supermarket at 139 Street and 27th Avenue,part of that lease is that they have
to maintain not only the 200 sq ft leased from the parking lot but also the areas surrounding it. They do not just
drop a machine and expect for it to maintain itself. They have a local presence and do maintain the machines on
a weekly basis. They are also in discussion with the Victory Petroleum gas station on 135th St and Le Jeune
Road.
(b) Waste Transfer use in industrial zoning districts if in an enclosed building
Mr. Russell Mackie,Waste Pro Florida,came before the Board.Waste Pro is the second largest solid waste and recycling company in
Florida. They found an 180,000 sq ft piece of land between 149th and 147th Street and NW 23 Avenue. There used to be a company
called Planet Recycling for some time. They would like to open a recycling facility to bring comingled plastic, aluminum, cardboard,
paper,textiles,and other things in a clean state. Everything they will be doing will be inside the footprint of the building. They would
like the City to change the code to allow for this since nowhere in the code is stated allowing of this type of business.
(c) Allowing religious institutions being a permitted use in all industrial zoning districts
Pastor Priscilla E. McRae of International Prayer Center, 2580 NW 123 Street, Miami, 33167, came before the Board. She said she
currently has a ministry hosted under a hotel area in Dania Beach. She would like to move her ministry into the Opa-locka area from
22aa Ave to 32 Avenue She would like for religious organizations to be added to the text since they are currently not allowed in the
industrial area because they would love to be a part of Opa-locka.
(d) Repealing Peddler permitting ordinance
Mr. Brown spoke to the Board regarding Peddler permits which allows for any person to get a license, with a background check, to
sell fish,seafood,video tapes,cds,socks, whatever,as long as they are on the move.Research was done and Mr.Lee gave the results.
There are restrictions on peddlers in lots of other cities,the most restrictive of which allowing peddlers to operate only in construction
sites,places of work in industrial areas, like a lunch truck. Car wash vendors are allowed in residential areas,but have a restriction on
how long they can be in any particular property. Any kind of vendor can be for no longer than an hour or two. A lot of other cities do
not allow peddlers at all.
Mr. Brown then added one of the reasons he is asking that the Board repeal the current ordinance,impose a moratorium until they can
study it further, or bring it back some legislation to consider that will allow for ice cream vendors, lunch trucks and things we can
agree upon. Now the vendor situation is problematic because on any given day or the weekends there are vendors selling things on
private properties without the property owners' permission. It does a disservice on someone who owns commercial space and pays
commercial rent.
The Chair and Vice Chair suggested instead of repealing or getting rid of the peddler ordinance, maybe the city can impose some
restrictions on it.
(e) Adoption of film permitting ordinance
Mr. Brown said they will be working with the City Attorney's office for an ordinance on film permitting. They had Charlie's Angels
come to do a filming at Villa Francine. The city did not have any policies or regulations. They were kind enough to pay for police and
security. We later learned through Miami-Dade County, Miami Beach, the City of Miami, and Dade County has an ordinance and
they have inter-local agreements with the cities in and around Miami-Dade County. Our inter-local agreement is expired with Miami-
Dade County is expired so staff is working to renew the inter-local agreement and maybe do some short verbiage that says Miami-
Dade County handles it through the inter-local agreement.
Staff will bring back a proposed changes or ordinances for three of the items, which are ice vending machines, waste transfer station
use, and the peddler ordinance for all the proposed changes at their next meeting for the Board to vote on them. The religious
organizations, staff does not feel it appropriate to use in industrial zones. We could request the ordinance be changed that any
application for religious use in an industrial district be a conditional use and they would have to come before the Planning Council and
City Commission.
Vice Chair Burke asked if religious organizations in industrial zones would represent a safety hazard. Mr.Brown responded that's the
reason industrial and commercial are separated. Most of heavy and liberal uses are in industrial zones, such as metal recyclers,junk
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yards, etc. Mr. Brown said they could come back with something which talks about making an application for special exception or
conditional use in the industrial zones providing they meet the off street parking conditions.
Attorney said that if he's going to bring back something that says it will be permitted in light industrial,but if a particular site is heavy
industrial, we can work with the applicant on that.
. 5. OTHER BUSINESS—STAFF UPDATE
DISCUSSION OF OTHER LAND DEVELOPMENT CODE AMENDMENTS
Mr.Marc Cooper, 14561 NW 25 Avenue,came before the Board. He has an acre and a half of vacant land and he bought the property
next door. He wants to have it changed in the text so that he can do metal recycling. The property has 4 folios and is behind the
police station. Attorney Geller asked what will be the specific zoning change Mr.Cooper is requesting. Mr.Brown explained the area
behind the police station is zoned I-2. Metal recycling is permitted in I-2A. Mr. Cooper would have to file a rezoning application to
rezone it to I-2A,or the city could change the text in the code allowing metal recycling in the 1-2. When Attorney Geller asked what
steps staff wants to take. Mr. Brown responded they would still go with a denial. The comp plan recommends that all junk yards be
in the Nile Gardens (Cairo Lane) area. Metal recycling and scrap salvage is only allowed in the I-2A. He would have to apply for
rezoning and the Board could consider it.
V. ADJOURNMENT
With no further business to be discussed Vice Chair made a motion to adjourn and Member seconded the motion. The meeting
adjourned at 8:50 p.m.
Submitted by
Oria E. Rodriguez
Executive and Board Secretary
ATTEST:
441/PACAMe.
resi 1 i±Officer,Admin tratrve Head,Designee
Pla nin Council Chair.erson/Vice-Chair.erson
Title
Planning Counc i05/03/1 I
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