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HomeMy Public PortalAbout12-31 Rezone 2145 Lincoln Avenue 1st Reading: 11/14/2012 2°d Reading: 12/12/2012 Public Hearing: 12/12/2012 Adopted: 12/12/2012 Effective Date: 12/19/2012 Sponsored by: City Manager ORDINANCE NO. 12-31 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, TO REZONE THE PROPERTY DESCRIBED AS 2145 LINCOLN AVENUE, FOLIO 08-2122-030-0130 AND FOLIO 08-2122-030-0170 FROM B-1 (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT TO MAGNOLIA NORTH REDEVELOPMENT OVERLAY (MNRO) ZONING DISTRICT, APPROXIMATELY 0.423 ACRES, WITH SPECIAL EXCEPTION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on August 14, 2012, applicant Magnolia North 2145 Apartments, LLC, submitted a rezoning request for the property described as Folio Nos. 08-2122-030-0130 and 08- 2122-030-0170, also know as 2145 Lincoln Avenue; and WHEREAS, on October 2, 2012, the Planning Council reviewed the applicant's completed request and the staff report recommendation (with special exceptions), to rezone Magnolia North 2145 Apartments, LLC's, property from the B-1 Zone to the MNRO Zone; and WHEREAS, there is no cost to the City in rezoning the property to MNRO Overlay, and the project will generate approximately $55,780 for fiscal year 2013, including enhanced tax revenues, franchise fees, impact fees, and building fees; and Ordinance No. 12-31 WHEREAS,the Planning Council recommended approval of rezoning the property from B-1 (Commerical Neighborhood) Zone to the Magnolia North Redevelopment Overlay Zone, with special exceptions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The property described as Folio Nos. Folio Nos. 08-2122-030-0130 and 08-2122-030-0170, also known as 2145 Lincoln Avenue, is hereby rezoned from B-1 (Commercial Neighborhood) Zoning to Magnolia North Redevelopment Overlay (MNRO) Zoning District, with the following special exceptions: 1. Reduce the number of required parking spaces from 21 to 19 2. Increase density from 15 units/acre to 28.4 units/acre 3. Reduce the minimum size of the 1 bedroom units to 870 square feet 4. Reduce the minimum size of the 2 bedroom units to 875 square fee 5. Unity of Title will be required. 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. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. Ordinance No. 12-31 PASSED AND ADOPTED this 12th day of December, 2012. MY AYLOR MAYOR Attest to: Jjanna Flores �V ty Clerk Approved as to form and legal sufficiency: Jos:� S. eller Cit Atto ey Moved by: VICE MAYOR KEL EY Seconded by: COMMISSIONER J e HNSON Commission Vote: 3-2 Commissioner Holmes: NO Commissioner Johnson: NO Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES THE MIAMI HERALD I MiamiHerald.com ND THURSDAY,NOVEMBER 29,2012 17ND THE CITY OF OPA-LOCKA _ << Honor & Remember... CORDIALLY INVITES YOU TO THE - /) A Memorial Tree will be placed in the lobby of MO' D o-----_,- our cemetery through December 24,2012. C_=� Personalize a beautiful dove ornament and place it on our a DilE SERE M Memorial Tree to honor the memory of your loved one. The ornament will be compliments of the facility(at no cost). Our cemetery will be open Monday through Friday from 9 a.m. 1 1 SATURDAY, DECEMBER 1st until 5 p.m.,Saturdays from 9 a.m.until 4 p.m.,and -- - Sundays from 10 a.m.until 3 p.m. J 5:30 P.M. - 6:30 P.M. For more information contact us at(305)445-5425. HISTORIC CITY HALL ` '" 777 SHARAZAD BLVD Cd�dl� rt ' 'oei o oodatoiz OPA-LOCKA, FL Funeral Homey Cernetenes&Crematoy Y T ' 3260 South West 8th Street•Miami,FL 33135 * t. CaballeroRiveroWoodlawn.com 02012 STET <" 1, v- 0 °s':` "°' LIGHT REFRESHMENTS z t-� I„l AND •CITY OFOPA-LOCKA,FLORIDA HOLIDAY CHEERS NOTICE TO THE PUBLIC " NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold public lh hearings at its Regular Commission Meeting on Wednesday, December 12, 2012 at 7:00 p.m.at the ,: Opa-locka Municipal Complex, 780 Fisherman Street, 2i° Floor, Opa-locka, Florida to consider the following items: SECOND READING ORDINANCE/PUBLIC HEARING: - - "^ AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA•LOCKA, FLORIDA,TO REZONE THE PROPERTY DESCRIBED AS 2145 LINCOLN AVENUE, FOLIO 08-2122.030.0130 AND FOLIO - :- 08-2122-030-0170 FROM B-1 (COMMERCIAL NEIGHBORHOOD) ZONING DISTRICT TO MAGNOLIA NORTH REDEVELOPMENT OVERLAY(MNRO)ZONING DISTRICT,APPROXIMATELY 0.423 ACRES,WITH SPECIAL EXCEPTION;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND i j REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE "'�1j/`", (first reading held on November 14,2012).Sponsored by C.M. e3 RESOLUTIONS/PUBLIC HEARING: -Presented by: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO GRANT THE REQUEST OF MAGNOLIA NORTH 2148 APARTMENTS,LLC,FOR FINAL SITE PLAN APPROVAL OF THEIR The Li Mayor, City Commission, PROPERTY LOCATED AT 2145 LINCOLN AVENUE;FOLIO NOS.08-2122-003-0130 AND 08-2122-003.0170; PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. N A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO GRANT THE and City Employees REQUEST OF UDG III OASIS, LLC TO APPROVE THE MODIFICATION OF THE FINAL SITE PLAN FOR > I THEIR PROPERTY LOCATED AT 13900 NW 17.AVENUE, FOLIO NO.:08-2122-000-0191;PROVIDING FOR w INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. t t ,,, Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman r I( Street,4"Floor,Opa-locka,Florida.Al interested persons are encouraged to attend this meeting and will be heard with For More f o r rn a t i o n: respect to the public hearing. PURSUANT TO FS 288.0105: Anyone who desires to appeal any decision made by any board, agency, please Contact the Office of the City Clerk at 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 I Y 8 • includes the testimony and evidence upon which the appeal may be based. i� 305.1688P4611° JOANNA FLORES,CMC a CITY CLERK 'w' tio APO RAs City of Opa-Locka Agenda Cover Memo Commission Meeting November 14, Item Type: Resolution Ordinance Other Date: 2012 (EnterXin box) X Yes No Ordinance Reading: 1st Reading 2"d Reading Fiscal Impact: (Enter X in box) X X (EnterXin box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Enter Fund &Dept) Advertising Requirement: Yes No N/A N/A (Enter X in box) X Contract/P.O. Required: Yes No RFP/RFQ/Bid #: N/A (Enter X in box) X Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational I= N/A Strategic Plan Related Bus. & Economic Dev • (EnterXin box) X Public Safety (] Quality of Education I] Qual. of Life &City Imager Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: An Ordinance of the City Commission to grant the request of Magnolia North 2145 Apartments, LLC, to rezone their property at 2145 Lincoln Avenue from the B-1 (Commercial Neighborhood) zoning district to the MNRO (Magnolia North Redevelopment Ordinance) Overlay District with special exceptions. The subject properties are specifically described in folio nos. 08-2122-030- 0130; 08-2122-030-0170; and contains approximately 0.423 acres. Staff Summary: On August 14, 2012, Magnolia North 2145 Apartments, LLC submitted a rezoning application No. 12-09-0403 to rezone the subject properties from the B-1 zoning district to the MNRO with special exceptions. On August 31, 2012, the applicant was notified that additional documents were required. On September 12, 2012, the applicant's rezoning request was deemed complete by staff. On October 2, 2012, the Planning Council held a regular meeting and reviewed this request to rezone the properties from the B-1 zoning district to the MNRO district with special exceptions. At that meeting, the Planning Council reviewed the staff's report and recommendation and recommended approval of the property owner's request to rezone property from the B-1 zoning district to the MNRO with special exceptions. There was no noted public opposition for this project at the Planning Council meeting. Proposed Action: Planning Council recommends approval of this rezoning request from the B-1 to the MNRO zoning district with the following special exceptions: • Reduce the number of required parking spaces from 21 to 19 • Increase density from 15 units/acre to 28.4 units/acre • Reduce the minimum size of the 1 bedroom units to 870 square feet • Reduce the minimum size of the 2 bedroom units to 875 square feet • Unity of Title will be required. Evaluation: Without rezoning the subject properties to the MNRO overlay district the proposed project could not be constructed. This rezoning request is consistent with the future land use of the property. Attachments: Planning Council Application Staff Report and Recommendations Site Plan Checklist Magnolia North Redevelopment Ordinance Power Point Presentation-Magnolia North 2145 Apartments, LLC 0 9 p,.40Cx4.. a � Memorandum TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice Mayor Timothy Holmes, Commission: Rose Tydus, Commissioner Gail Miller, Commissioner FROM: Kelvin L. Baker, Sr., City Man;11, DATE: November 5, 2012 RE: An Ordinance of the City Commission to grant the request of Magnolia North 2145 Apartments, LLC, to rezone their property at 2145 Lincoln Avenue from the B-1 (Commercial Neighborhood) zoning district to the MNRO (Magnolia North Redevelopment Ordinance) Overlay District with special exceptions. The subject properties are specifically described in folio nos. 08-2122-030-0130; 08-2122-030-0170; and contains approximately 0.423 acres. Request: An Ordinance of the City Commission to grant the request of Magnolia North 2145 Apartment, LLC, to rezone their property at 2145 Lincoln Avenue from B-1 zoning district to the MNRO Overlay District with special exceptions. The subject properties are specifically described in folio nos. 08-2122-030-0130; 08-2122-030-0170; and contains approximately 0.423 acres. Description: On August 14, 2012, Magnolia North 2145 Apartments, LLC submitted a rezoning application No. 12-09-0403 to rezone the subject properties from the B-1 zoning district to the MNRO with special exceptions. On August 31, 2012, the applicant was notified that additional documents were required. On September 12, 2012, the applicant's rezoning request was deemed complete by staff. On October 2, 2012, the Planning Council held a regular meeting and reviewed this request to rezone the properties from the B-1 zoning district to the MNRO district with special exceptions. At that meeting, the Planning Council reviewed the staff's report and recommendation and recommended approval of the property owner's request to rezone property from the B-1 zoning district to the MNRO with special exceptions. There was no noted public opposition for this project at the Planning Council meeting. 1 Magnolia North Apartments,LLC Analysis: Without rezoning the subject properties to the MNRO overlay district the proposed project could not be constructed. This rezoning request is consistent with the future land use of the property. Financial Impact: There are no perceived costs to the city for the approval of this use. However, indirectly once site and building improvements are completed, the City will realize franchise fees, impact fees and 30% of all building permit fees. Implementation Time Line: Immediately Legislative History: Ordinance No. 86-8 Ordinance 11-17 Resolution 11-8196 Planning Council Recommendation: Planning Council recommends approval of this rezoning request from the B-1 to the MNRO zoning district with the following special exceptions: • Reduce the number of required parking spaces from 21 to 19 • Increase density from 15 units/acre to 28.4 units/acre • Reduce the minimum size of the 1 bedroom units to 870 square feet • Reduce the minimum size of the 2 bedroom units to 875 square feet • Unity of Title will be required. Staff Recommendation: Staff Recommends Approval of this rezoning request to the MNRO with special exceptions as listed above. Attachment(s) Planning Council Application and Meeting Minutes Powerpoint Presentation Staff Report and Recommendation Site Plan Checklist Magnolia North Redevelopment Overlay Ordinance Prepared By: Howard W. Brown, Jr., Community Development Directo Gerald Lee, City Planner 2 Magnolia North Apartments,LLC E N w L o 7 ° o • $ t o J _ ''.."4. •. •? }1 _ ) j c 1 N^, N W N 7_ c6._Co o �N- _ i __ -__ c�crn CI) ( ) - II z n 5 � =3 cn W E A _ - , a N _ m 2 I W Q Z . O1 1 y: - 3 Lo c _ l 2 O Z N N J Cn fn ■_I I r, N u J --- --I v Z W 0 Z W l°$ 0�// N `_ d z 2 ,N 7 C I ® _s 2 fil w J r - w Ill U 1, '^ ._ VJ O z THE GREAT t1TV " f04 p-t-bCk4. C3 P41 C:it t IX a 6)0i Of grkirlikt M PLANNING COUNCIL APPLICATION APPLICATION NUMBER:I Z°O t'f-O HECK NUMBER:4039 DATE RECEIVED: O B° P4°1 Z PROPERTY OWNER'S NAME:MAGNOLIA NORTH 2145 APARTMENTS L.L.0(OPA LOCKA CDC) PROPERTY OWNER'S ADDRESS: 490 OPA LOCKA BOULEVARD SUITE 20 OPA LOCKA FL 33054 Number/Street City State/Zip Code APPLICANT'S NAME: MAGNOLIA NORTH 2145 APARTMENTS L.L.0(OPA LOCKA CDC) APPLICANT'S ADDRESS:490 OPA LOCKA BOULEVARD SUITE 20 OPA LOCKA FL 33054 Number/Street City State/Zip Code PHONE NUMBER: OFFICE (305)687-8451 HOME OTHER SUBJECT PROPERTY ADDRESS: 2145 LINCOLN AVENUE OPA LOCKA FL 33054 Number/Street TAX FOLIO NUMBER:08-2122-003-0130 PRESENT ZONING: B1 LEGAL DESCRIPTION: 22 52 41 MAGNOLIA SUB PB 40-80 LOTS 10-11-12 & 13 BLK 3 LOT SIZE IRREGULAR 75R-229937 OR 21210-23050403 1 Please check specific request: Tentative Plat Final Plat Comprehensive Plan Amendment _Drainage Plan _Fill Permit Request Preliminary Site Plan Review _Final Site Plan Review Conditional Use Permit—No Plans Conditional Use Permit—With Plans Special Exception—No Plans _Special Exception—With Plans _X_Other—Please specify: REZONE TO THE MAGNOLIA NORTH OVERLAY DISTRICT(MNRO) Add any additional information that may be of importance to this request: PLANNING COUNCIL APPLICATION (Check list) Applications will not be accepted without the following data. For a public hearing, all items below are necessary and mus be submitted. Completed application form —7 Application fee of$1250.00 payable to the City of Opa-locka by check or money order \I Copy of property owner's and/or applicant's driver license/photo 1.D. \..Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized) / A completed Neighborhood. Petition form (attached) with the signature of each property owner in front, rear, left and right of his property showing they have no objections to the project(name,address,phone number). \/ All preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad format IFifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches) Nilf Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and parking in accordance with the City's zoning ordinance;(size 36 x 24) / Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) V7 Narrative concept to be submitted with application AFFIDAVIT 1,Se/7Aanie I'Y•Z4'a - gala/oil;, being first duly sworn, depose and say that I am the OWNER of the property ,and I u derstand that this application must be complete and accurate before a public hearing can be advertised. / ilifi, IL- ita-_ _ Signature .F7ig/ari02- . - -AL-- - AM. - -- - . Date ,aot' `a c; LATOYA A.JAMES- I - rr i Notary Public-State of Florida ■ 1 1,:, y i ,, My Comm.Expires Mar 16,2015 Sworn to and subscribed before me: 1 '.9rEOF`�.° Commission#EE 74720 This . day of I • _,! /411 AJfat -i- My commission expires D4,,Ve/? 16) 21 I Attach ,i py of identification Page 2 of 4 PLANNING COUNCIL APPLICATION POWER OF ATTORNEY This form is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locka From: Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property ('� owner's behalf)). I ✓TCPianiL Milia.mS- gaaW`h ,being first duly sworn,depose and say that I am the owner of the property legally described as: I do give to "Per".S' 7 �� ? the power of Attorney and authority to speak in my behalf in refs nce to the" c,above scribed property. Further, by affixing my notarized signature to this document, I also authorize ci G , - rozyt.i, to negotiate and commit to the City Commission and City Administration in my behalf. I will abide by all final determinations of the City Commission and City Administration. Sign ark3/410/.2-- g Date Sworn to and subscribed before me: This 14 day of fiat(1g-ii- �i,�ri� My commission expires: Mfr t(0 701 •tary 'u is Attach copy of identification elog°"'�. py t.ATOYA A.JAMES bNotary Public-State of Florida y Comm.Ex pirea Mar 18.2015 ,,time` Commission*EE 74720 Page 3 of 4 PLANNING COUNCIL APPLICATION NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2145 LINCOLN AVENUE OPA LOCKA FL 33054 LEGAL DESCRIPTION: 22 52 41 MAGNOLIA SUB PB 40-80 LOTS 10-11-12& 13 BLK 3 LOT SIZE IRREGULAR 75R-229937 OR 21210-23050403 1 PROPERTY OWNER'S NAME: MAGNOLIA NORTH 2145 APTS L.L.C. PHONE(305)687-8451 ADDRESS(If different): 490 OPA LOCKA BOULEVARD SUITE 20 OPA LOCKA FL 33054 We, the undersigned,have no objection to petitioner's request to: REZONE TO THE MAGNOLIA NORTH OVERLAY DISTRICT(MNRO) NAME ADDRESS PHONE FRONT: 1. 2- r niMir 4 t C 01 J,f 61 .1 r 1_ji :t ` �� ci' ,t j _ 4. RIGHT: 1.01 p LUX.. C 2O( `C L t6f'r *kJ C `30 S) G31- SL(St SIDE: 2. \ 3. 4. LEFT: 1. SIDE: 2.Mee A Val 1'14;-t�� L111.11/31411111101111411111411rilea 4. REAR: 1. 2. 3. 4. Page 4 of 4 ,4 1...),...l ..J Check Date: 6/7/2012 Payee: ','OF OPA-LOCKA" PLANNING &COMM. D Check 1 is !nt: $1,250.00 Date Memo Invoice# Amount 6/7/2012 2145 LINCOLN AVE.: PLANNING COUNCIL AP 06072012-519M-8 1,250.00 i2.41li otguivr,,,, -,„--...-.- 0111(Iran! i,“,......,..44 I.,..14 ;,I. 4,,r.47.4.4,.1.7Li.Ill 4,...,,,I,,,,_,r,,,,,,,,,,,,!,!,;_■,,,:4!',41 1.(2;:,,t,1) ANIIIIIIIIII, ,. _ i i _....,:::_-- OPA LOCKA,I t 33054 1 IT i nil.11Pj11.-72,71:tA ', 41?. n 1:g;1'"}T -',1:, MAGNOLIA NORTH 2145 APfk.'lz l' 11Fr:- GENERAL ACCOUNT 490 OPA LOCKA BLVD,SUITE 20 WArnoviA 004039 OPA LOCKA,FL 33054 63 643/670 DATE CHECK AMOUNT If 6/7/2012 $1,250.00 PAY One Thousand Two Hundred Fifty exactly*'"*""*"""*"*****"*****"*""""********"*"*""""'''''****"""""""—"A ToonDIFIRE E CITY OF OPA-LOCKA" PLANNING &COMM. DEVELOP, DEPT NOT VALID AFTER 90 DAYS OF: 780 FISHERMAN STREET j*--4-x-,..:c//(te(—Ag-461.--„,„,_ OPA-LOCKA, FL 33054 - ;;;; ;,,-;4;i-; -;;•:,1,•., ,,;;;ii,i•,;,,,a,.,„;!..;.J.:.•„;.:,ii,:;,,,„4LiuL \i\‘t i; mt.i dilet 1,01.,yi II wi, iniq:,.: i ill ire N:.,i ,(...„ ,,, 1,.. -,, ..i A ti : 51 • I IV: iTI,'.1 -,I'14 10 ti.4;4'.1 iLtiFt,l, .I Lt' -1'7° L1' 1 !EL.„ ..,,,i,,,,„, ,,Iitiiiiii. ...,. 4,--0,mr,RuirrouNgg -.Lmirtsii,tWrzi-7-,,i-i-?->z,,,,r4 11100 40 39111 1:0 6 700E34 3 21: 2000060 ?4G739101 CITY OF OPA-LOCKA, FLORIDA COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT < CUSTOMER'S RECEIPT au.i..vt,SV 14 20. 1 2- w Code No. 7 0 N4 a 9, `z Received of rr\ Cril■PO L IA QC)ENH -2■LkS APT '1,-(-C, t- 3 co co = Address Li et 0 OpCL-kt-Vsct 2-b Odoct-A"-La 0 gi c 1 , r, -33itsti 22: Descriptson ■ - 6 0 V kStloki 11 STibt-T - &F 01(2-k6- ‘-' \01#464■A.I. C...0 U.A.L.C.t,\ o- ID- cp 0 3 • C---\L-3-14 t1 b/et r -"C"'- l 'i)e 1 1-4`)el':ts q-' )I Dollars$ k •St) 1,1.) Olf 3 ct, ' . Make all checks payable to Fif .A...411 ... City of Opa-locka.Florida Gas hier Si4°_° tea• ■1111040Viritalir 44,1*,; 41011111/ allft• 1 �.a.1 a Nor-It 1-s_ City of Opa-locka 780 Fisherman Street Opa-locka, FL 33054 Attn: Mayor and Commission August 15, 2012 RE: Narrative Concept—Rezoning Application 2145 Lincoln Avenue Opa-locka, FL 33054 Dear Sir/Madam: This letter is a request to rezone the subject property from B-2 (two-family residence) zoning district to the MNRO (MAGNOLIA NORTH REDEVELOPMENT OVERLAY) zoning district. We are the owners of 2145 Lincoln Avenue Opa Locka FL 33054 and the rezoning of the subject property is necessary in order for the property to be used legally. As you know, the property is located in the Magnolia Subdivision and a there are many vacant, abandoned, and underutilized properties within this area. This area has been slated for redevelopment and is also located within the proposed Community Redevelopment Agency(CRA) area boundaries. This means that all redevelopment and construction improvements made within this area directly benefit the city of Opa-locka as a result of enhanced property tax. The MNRO will encourage the revitalization of the area and will encourage the revitalization of the area's residential and commercial uses. The area will also encourage the formation of pedestrian friendly designs and the development of mixed use/live work housing. We look forward to your continued support as we work together to resolve this situation. Thank you for your time and attention to this matter. Sincerely, //41,aied4-41i Stephanie Williams-Baldwin Senior-Vice President 15050 Duval Street•2060,2070 Lincoln Avenues Opa-locka,FL 33054• Phone(786)333-9586•Mat/!noliallorth ATheApartmentCorner.com 9• M6 ,,t‘:,,,,, O z \ p < LU wz N ,,,s, (a),� w 2 O w Y J ,;` 0 0 N t4 N 4 - z Et w w� 0 ,‘,:!!. 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Brown, Jr. Present were Members Joseph Kelly,Elio Guerrero, and Chairman Calvin Russell. Also in attendance were Attorney Joseph Geller, Community Development Director Howard W. Brown, Jr. and City Planner Gerald J. Lee. Absent members were Member Steven Barrett, and Member Lillie Odom. II INVOCATION AND PLEDGE: Member Kelly said the invocation and the Pledge of Allegiance followed. III APPROVAL OF MINUTES: September 4,2012 Elio Guerrero made a motion to pass the minutes,Joseph Kelly seconded the motion Upon roll call,the minutes passed 3-0. Joseph Kelly - Yes Elio Guerrero - Yes Calvin Russell - Yes Roll passes 3-0 Planning Council Minutes 10/2/2012 Page 1 of 6 IV. PUBLIC HEARINGS: 1. Applicant Name: Magnolia North 2145 Apartments, LLC./Opa-locka CDC Address 2145 Lincoln Avenue, Opa-locka, Florida 33054 Legal Description: Magnolia Sub PB 40-80 Lots 10, 11, 12 & 13 Block 3 and Magnolia Sub PB 40-80 Lots 14-16 including Block 3. Containing 18, 420 square feet, More or Less. Property(s)Zoned B-1 (Folio (s) 08-2122-003-0130; 08-2122-003-0170 REQUEST#3: Approval to rezone this property site from B-1 to Magnolia North Redevelopment Overlay District 2. Applicant Name: Magnolia North 2145 Apartments, LLC./Opa-locka CDC Address 2145 Lincoln Avenue, Opa-locka,Florida 33054 Legal Description: Magnolia Sub PB 40-80 Lots 10, 11, 12 & 13 Block 3 and Magnolia Sub PB 40-80 Lots 14-16 including Block 3. Containing 18, 420 square feet, More or Less.Property(s)Zoned B-1 (Folio(s) 08-2122-003-0130; 08-2122-003-0170 REQUEST#1: Site Plan Approval for a 12 unit apartment complex with a community room and two offices 3. Applicant Name: Magnolia North 2145 Apartments, LLC./Opa-locka CDC Address 2145 Lincoln Avenue, Opa-locka,Florida 33054 Legal Description: Magnolia Sub PB 40-80 Lots 10, 11, 12 & 13 Block 3 and Magnolia Sub PB 40-80 Lots 14-16 including Block 3. Containing 18, 420 square feet, More or Less. Property(s)Zoned B-1 (Folio (s) 08-2122-003-0130; 08-2122-003-0170 REQUEST#2: Approval of the Developer's Agreement Russell noted that there were three different items listed on the agenda for the same applicant.Attorney Geller noted that one public hearing could be held for all three items, as long as separate votes were taken. He announced the items on the as follows; 1. Request for final site plan approval for a 12 unit apartment complex with a community room and 2 offices. 2. Request for approval of a Development Agreement. 3. Request for an approval to rezone the property site from B1 to the Magnolia North Redevelopment Overlay District(MNRO). Planning Council Minutes 10/2/2012 Page 2 of 6 • Chairman Russell asked if staff had a PowerPoint presentation they wanted to review. Howard Brown stated that they wanted to show the steps which helped them get to this point. Russell noted that in the past,the city had attempted to revitalize Magnolia North. Russell stated that it was imperative that this time around,tasks needed to be accomplished in order for the plan to launch. Kelly said that he was for revitalization,but wanted to ask questions in order to clarify concerns he had. Kelly said he'd wait until the public hearing because the public had the right to speak. Geller stated that all three items required a public hearing but one public hearing could be conducted to address each individual item. Mr. Lee made a PowerPoint presentation,the presentation was inaudible,unable to transcribe. After Lee concluded his presentation, Chairman Russell opened up the public hearing. Zamar Brown introduced himself as principal architect of Design2Form and noted he was the architect of record for the proposed project at 2145 Lincoln Avenue. He stated that his designs were keeping within the scale of the neighborhood, and noted that the parking was purposely tucked away to promote a pedestrian friendly structure. He said that the OLCDC wanted to incorporate community elements for the complex such as community room and a management office. The management office would be used for 2145 Lincoln Avenue, 2060&2070 Lincoln Avenue, and 15050 Duval Street. He noted that he is a attempting to obtain a green certification for the project. Chairman Russell asked Zamar if he had any pictures to show the panel. Zamar showed pictures of the property and continued his presentation. Zamar stated that currently,there are 14 units on the property. The density would be reduced from 14 to 12 units. The existing 14 units are 600 sq ft., so the plan is to bump up the square footage to make it a more comfortable home environment. Kelly told Zamar that currently,they are 14 units and the project proposes 28.He asked Zamar which numbers accurately reflected the density. Guerrero responded that the density would end up being almost double, and that in fact,you're actually decreasing density. Zamar explained that in addition to the 14 apartments,there was a big market on the first floor and the existing building had a commercial space. Currently,the building is located on only one lot. Once you expand to a 2°d lot, it reduces the density. Kelly said that the unit requirements are 1000 sq. ft for a one bedroom apartment, and you are proposing 870 square feet. Zamar replied that there are 5 apartments that are less than 1000 square feet. The rest of the 2-3 units are above 1000 square feet. Kelly noted that the requirement state that the units should be 1000 square feet. He told Zamar that what he's saying and what's on the paper are two different things. Kelly informed him that he was present for the original resolution, and had has worked with the OLCDC to develop the project. Kelly explained that he had no problem with development,but he does have challenges with the numbers. He reiterated that what Zamar said explained that what the paperwork said and what staff presented were two different things. Kelly concerns were regarding minimum square footage for a one and two bedroom unit.Kelly noted that the proposal said 845 square feet while Zamar stated 1000 square feet. Kelly demanded further clarification on the square footage. Zamar clarified his previous statement, and said with regard to the one bedroom apartments,there were(3) one bedroom apartments which end up being 870 square feet. With regard to the two bedroom apartments,there were a total of(8)two bedroom apartments. Out of those,two units will be 845 square feet and the remaining will be above 1000 square feet. Zamar said what is being presented are the units with minimum square footage, and not the average square footage of all the units in the project. Kelly replied that he sees the required and the proposed square footage and replied that the information he is stating isn't accurately articulated in the documents he's reviewed. Kelly said density is still small even though you're adding a lot more amenities to make the space more amenable. Zama said the architects are attempting to give a Planning Council Minutes 10/2/2012 Page 3 of 6 breakdown on minimum requirements on units. For example,we have four units will come up to the 870 square feet. There are a total of(2)three bedroom units which are completely above the 1000 square feet, they are within the 1400 sq ft range. There are(6)two bedroom units that are 840,and there are(2)that are below 1000 square feet. Out of those(6)there are(4)that re 1000 square feet and(2)that are below. When we gave a breakdown,we gave the minimum for comparison; however a majority of the units are above 1000 square feet. Member Guerrero said that for units that fall below 1000 square feet, a special exception would be needed. Zamar replied yes. Kelly replied that he followed what Zamar was saying, but wanted to know what was going to change the dynamic of folks staying there if you are going to still have a number of small units. He wanted to know who was going to stay there for a long period of time, considering the units were so small. Kelly was worried that the units would end up being rented out for short period of time and people would transition out of the housing, thereby making it and unstable environment. Zamar understood but also said that hopefully,the amenities in the building would attract prospective tenants. He said that the amenities would be utilized by residents at the other apartment buildings as well. Zamar went on to describe the amenities; the community spaces on the first floor, and the terrace on the 2nd floor. He said they plan on landscaping the terrace, in order to give a feeling of an outside space for recreational use. Zamar said within the Triangle,there are no other apartments which are two story apartments.They will be the opportunity for a 2 story effect so they can feel safer. Kelly asked how come the architects didn't chose to make the buildings two story apartments. Kelly asked how come you didn't make them all amenable, and create two bedrooms units as opposed to a smaller area. Zamar asked if Kelly's questions were more directed toward the one bedroom apartments that happen to be less than 1000 square feet. Zamar said the architects will attempt fit as much on the property as possible and noted there were multiple factors. OLCDC needed to make a certain amount of units to make the project viable.They needed to create an additional 12 apartments to make the project a viable venture. Member Kelly replied that in the end, it was a financial decision. Zamar replied yes.Kelly asked in terms of parking, 21 spaces are required,but you're proposing 19. Kelly wanted to know how many spaces will be handicapped. Zamar replied, one parking space will be designated for a physically handicapped occupant, and the other for a vision impaired/hearing impaired individual. Zamar said if the person occupying the residence is blind&deaf;the occupant wouldn't necessarily need a space allocated. Zamar also included that they were going to provide an elevator to the property. He noted that the 3 buildings had no elevator,thereby making the units inaccessible. Kelly said that he heard Zamar mention that 2145 Lincoln Avenue would be where the meetings and gathering would be held, and that space on the first floor would be designated to do so. There would also be an office for management for all of the buildings. Zamar replied that there would be a community room as well. Kelly said it would be used for a meeting gathering place,but noted that during some events, you will not be able to hold more than 50 people in the space. Guerrero wanted to know how many units will there be in total for the project. Zamar said there will be 42 units, and you'll roughly have 2 people per apartment. Those who have two bedrooms will allow for up to 4 individuals occupying the property. Zamar said Gerald wanted him to clarify to the panel that that the existing building would be completely demolished and a new structure would be built. Zamar concluded his presentation and Chairman Russell asked if anyone else wanted to speak on the behalf of the public hearing. After no response, Chairman Russell closed the hearing. Kelly stated that resolutions have been passed to ensure that development occurs,however he still has a problem with these units. Kelly said he is not sure how the occupants would reside in the units and Planning Council Minutes 10/2/2012 Page 4 of 6 addressed his concerns with regards to stability. He said he liked the idea of a community room and believes that the commission is going to work with the OLCDC to get this project off the ground. Chairman Russell said when you're talking about having an area like Magnolia North,trying to make it habitable for a limited amount of occupants; you will end up seeing more occupants fill the units up to maximum capacity. Kelly agreed with Russell and replied that the project would actually add more people to the area. Chairman Russell said that he knows what we're facing, and said that revitalizing the area gives it a better look. He notes that the spaces may be a bit small,but units that are too big would be terrible ideas for that area. Russell was agreeable with the size of the units proposed. Joe Geller gave the roll calls for each item. Upon roll call, approval to rezone this property site from B-1 to Magnolia North Redevelopment Overlay District passed 3-0 Joseph Kelly - yes Elio Guerrero - yes Calvin Russell - yes Roll passes, 3-0 Upon roll call, site plan approval for a 12 unit apartment complex with a community room and two offices passed 3-0. Joseph Kelly - yes Elio Guerrero - yes Calvin Russell - yes Roll passes, 3-0 Upon roll call, approval for the developer's agreement passed, 3-0. Joseph Kelly - yes Elio Guerrero - yes Calvin Russell - yes Roll passes, 3-0 Chairman Russell said for the record,the area itself is not a large space so if improvements can be made. He said he hoped that the money would be utilized appropriately to make these changes. Russell thanked the panel, staff, and the applicant for attend the meeting. STAFF UPDATE Mr. Brown indicated there were no items for staff update. Planning Council Minutes 10/2/2012 Page 5 of 6 VI ADJOURNMENT Member Kelley motioned to adjourn and Member Guerrero seconded the motion. Meeting adjourned at 7:45pm. Submitted by Recording Secretary ATTEST: Mr. Calvin Russell Planning Council Chairman Planning Council Minutes 10/2/2012 Page 6 of 6 City of Opa-Locka Planning Council STAFF REPORT AND RECOMMENDATIONS Magnolia North 2145 Apartments L.L.C. (September 12, 2012) Property Owner Magnolia North 2145 Apartments,LLC Applicant Magnolia North 2145 Apartments, LLC Request Rezoning from the B-1 (Commercial Neighborhood) zoning district to the MNRO(Magnolia North Redevelopment Overlay)district Location 2145 Lincoln Avenue, Opa-locka,Fl 33054 Legal Description Tract No. 1: Lots 10, 11, 12, & 13,Block 3,"Magnolia Subdivision"according to the Plat thereof, as recorded in Plat Book 40,Page 80, of the Public Records of Miami-Dade County,Florida. Tract No.2: Lots 14 to 16 in Block 3,"Magnolia Subdivision", as recorded in Plat Book 40,on Page 80,Miami-Dade County,Florida. Property Size Aggregate total: 18,420 Square Feet (0.423 Acres)per Miami-Dade Property As raiser De.artment data. Zoning Tract 1: B-1 (Commercial Neighborhood)zoning district Tract 2: B-1 (Commercial Neighborhood)zoning district Existing Land Use Tract 1: Vacant Mixed-used retail/residential building Tract 2: Vacant Future Land Use Tract 1: Moderate Density Residential Designation Tract 2: Low Density Residential Comprehensive Both tracts fall within the low and moderate density residential land use Plan Consistency categories. This use is consistent with the comprehensive plan. Other Requirements The Mayor and City Commission must approve this rezoning request. / Approvals Applicable LDC City Ordinance No 86-8 Sections City Ordinance No. 11-17 Resolution No. 11-8196 Setbacks/Yards Required MNRO Proposed Front(East) 10 ft 10'feet 3" inches Rear (North) 15 ft 15'Feet 6" inches Front (South) 10 ft 10'feet 6" inches Side (West) 5' feet or as determined by 5' feet 10"inches Building Code Lot Density 15 units per acre 28.4 units per acre. Lot Size N/A 18,420 Square Feet Lot Width N/A N/A Building Height 35' feet 37' feet Structure Length N/A N/A Floor Area N/A 25,548 Landscaping City Ordinance no. 86-8 article Applicant has provided 13 trees of varying Required VII regulates landscaping. The types, 1089 plants of varying types, and. applicant has provided a landscaped the area with sod and mulch landscape plan. according to the site plan. Tree Preservation Compliance with Tree The applicant must comply with Article 7 Preservation Ordinance required of City Ordinance NO. 86-8. Ordinance pursuant to city ordinance no. 10- 03 Open Space Minimum amount of not N/A covered pervious site area is 40%. Parking Residential: 19 spaces 19 spaces Office: 2 spaces Notification This request will be properly noticed pursuant to state law and city charter by Requirements the city clerk's office. Action Required Rezoning of this property to the MNRO District. Project Planner Gerald Lee, City Planner c Authorized By Howard W. Brown, Jr. Planning Director Approved By Applicant's Request: 1) 1) Zoning Change from B-1 to the Magnolia North Redevelopment Overlay Ordinance. Surrounding Uses: 2) Residential; 3) Residential Location 4 Existing Land Uses FLUM Zoning Districts Designations North Duplex Residential Low Medium Residential Duplex Density Residential (R-2) &Moderate Density Residential South Vacant Lots Commercial & Low Commercial Density Residential Neighborhood (B-1) East Vacant Lot Low Medium Residential Duplex Density Residential (R-2) & Moderate Density Residential West Commercial & Vacant Commercial & Semi Commercial Public Neighborhood (B-2) Parking and Traffic: The applicant is providing 19 spaces for the residential component of the property and two spaces for the office use. A traffic impact statement has been provided per site plan requirements. Adequacy and Neighborhood Compatibility: The subject property is compatible with other residential developments in the area. Yard Modifications: (If applicable) N/A Comprehensive Plan Consistency: The proposed use of the subject property is consistent with the comprehensive plan. Staff Determination Staff recommends approval of this request subject to the following special exceptions which are as follows: • Reduce the minimum number of off-street parking spaces from 21 to 19 • Increase density from 15 dwelling units per acre to 28.4 dwelling units per acre • Reduce the minimum size of the 1-bedroom dwelling units from 1000 sq. feet to 870 sq. feet • Reduce the minimum size of the 2-bedroom dwelling units from 1000 sq. feet to 845 square feet • Increase the maximum height of building from 35 feet to 37 feet F ming and Corfu HUM ty 0E cip'nen apartment 780 Fisherman Street,4th Floor Opa-locka, FL 03054 305-953-2868 ext. 1503(tel.) 305-953-3060(fax) ormation—Developer, Property Owner, or Contractor Name of Applicant / A e-,110lm l A t`10 z:t-`! 2.10 S /� PA a Z'v�trn,�`t LLC Developer/Property Owner (Circle One) (O PP‘ Ctc C-� C Site Address/Location E Telephone Number 365 C.1 "1m r-LfSl Email Address Date of Application X11(4\ 12. Pre-Application Procedures Prior to formal application for approval of any site plan, the applicant shall request and attend a mandatory pre-application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer and/or surveyor. Zoning Requirements A property within the City's corporate limits that is being proposed for development must be properly zoned by the City prior to submission of an application for approval of any':site plan. In addition, the proposed development layout or design shown on the proposed site plan must be in conformance with all standards and requirements prescribed in the City's Land Development Code City Ordinance No. 86-8 and Miami-Dade County Subdivision Regulations adopted by City Ordinance No. 85-5 Completeness of Application Site Plan applications which do not include all required information and materials, as outlined below and per other City policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Planning Council agenda until the proper information is provided to City officials. Applicability Administrative Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached and multi-family residential projects and structures and for any condition of special exception or conditional use as required by the Mayor and City Commission. Exceptions 1 61t s'a no be requfred for sinote-em[! resides d'ar develo mants, unless ne proposed subdivision will include a private nenity, facility or a golf course. In .3se instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area. Site i m Checklfs The proposed site plan shall show the following information (other physical and engineering data shall be included in the engineering plans or as separate documents): 5 Q 6 a V 1. A title block within the lower right hand corner of the site plan with the proposed X name of the project/subdivision, total site acreage, and the location of the property according to the abstract and survey records of Miami-Dade County 2. The name and address of the owner/developer and the land planner, engineer, X architect or surveyor responsible for the plan 3. The scale of the drawing (both written and graphic scale) X V V 4. The date the drawing was prepared X 5. Zoning X ' 6. A vicinity or location map showing the location of the proposed development within X the City and in relationship to existing roadways 7. The boundary survey limits of the tract and each proposed lot/ block/tract and X AR scale distances with north clearly indicated 8. The names of adjacent additions.or subdivisions or the name of the owners of X record with north clearly indicated and recording information for adjacent parcels of unplatted land, including parcels on the other sides of roads, canals, etc ,r 9. The existing zoning and existing/proposed uses on adjacent land; X / 10. The location, width and names of all existing or platted streets or other public X ways within or adjacent to the tract 11. Any existing easements, with recording information X t MAR 12. Existing buildings X Ato 13. Railroad rights-of-way X 14. Topography (contours at two-foot intervals) with existing drainage channels or X creeks including the 100-year flood plain, if applicable 15. Any other important natural features, such as wetlands, wildlife habitats, and all X x. substantial natural vegetation 16. Proposed strategies for tree preservation including showing individual trees or X tree masses that will be preserved, and the techniques that will be used to protect them during construction 17. The layout and width (right-of-way lines and curb lines) of existing and proposed X thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets 18. Lot/tracts and blocks X 19. Proposed driveways including driveway widths and distances between driveways X ✓6 r/ 20. Proposed median openings and left turn lanes on future divided roadways and X existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings 21. Specific locations and footprints of buildings, including but not limited to proposed X X nonresidential and residential densities 22. Building heights X r/ 2 23. Square fool .g ,s (for multi-tenant or rriuiti-purpose buildings, show souare footage A t�P poi each intended use), massing, c station 24. Loading/service areas (including proposed screening) X 25. Recycling containers, compactors & dumpster enclosures X X (including proposed screening) 26. Pedestrian walkways X V' V 27. Parking areas (including parking ratio calculations) X V V C4 28. Any proposed sites for parks, schools, public facilities, public or private open X space 29. Flood plains/drainage ways X 30. All proposed and existing utilities and easements X V / 31. Drainage structures X / V 32. Retention/detention ponds with proposed aesthetic treatments X 33. Screening walls; fences X / V 34. Signage location X / / 35. Fire lanes and fire hydrants X / V 36. Lighting X 1, 37. Visibility easements X / V 38. Other pertinent development related features X trees to be planted, and irrigation plans, if required X 40. Color building façade (elevation) plans showing elevations with any attached X (wall-mounted) signage to be used, as determined appropriate by the City Manager, or his/her designee. Effect of Approval The approval of a site plan shall be effective for a period of twelve (12) months beyond the date that the plan was approved by the City Commission. If this is not accomplished, then the approved site plan shall be deemed to have expired and shall become null and void. Revisions to Approved Site Plan Minor Revisions/Amendments— It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the City Manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan,"which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s)on the site, proximity of building(s)to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager, or his/her designee, refuses to approve an amended site plan, then the applicant shall re-submit the amended site plan as a "revised site plan", whereupon the revised site plan shall be scheduled for consideration by the Planning Council and City Commission Major Revisions— In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a "revised site plan" must be resubmitted, reviewed by the City Manager, or his/her designee, and reconsidered by the Planning Council and City Commission. Developer's Agreement—A Developer's agreement may be required for all development except for single-family homes or duplexes pursuant to Section 4.16 of City Ordinance No. 86-8. 3 Owner/ Applicant's Name /kita - .? „ ( Z.-- et 6.°S-1 c-, Address I L Signed. Date ( Cf My signature certifies that I have been provided with a copy of the site plan checklist and have also had a pre-conference meeting with the Planning and Community Development staff. Reviewed by Planning Staff- Gerald Lee Date of Pre-Conference Meeting —August 14, 2012 Date of Site Plan Review— September 4, 2012 4 I Reading: September 14, 2011 2"6 Reading October 12, 20? Public Hearing: October 12, 2011 Adopted October 12, 2011 Effective Date: October 13, 2011 Sponsored by: City Manager ORDINANCE NO, 11-17 AN ORDINANCE OF THE CITY COMMISSION OF' THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, THEE LAND DEVELOPMENT CODE, BY CREATING THE MAGNOLIA NORTH REDEVELOPMENT OVERLAY ORDINANCE, TO ENCOURAGE THE REVITALIZATION OF UNDERUSED COMMERCIAL AND RESIDENTIAL AREAS UNTO DEVELOPMENTS THAT PROVIDE A COMPLEMENTARY MIX OF USES; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABHATY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Chapter 163, Florida Statutes, empowers and requires the City to establish land-use codes and provide for their administration, enforcement, and amendment, and; WHEREAS, the City Commission proposes to amend the Land Development Code, Ordinance 86-8, by creating the Magnolia North Redevelopment Overlay (MNRO) Ordinance; and WHEREAS, the MNRO will encourage the revitalization of underused commercial and residential areas into developments that provide a complementary mix of uses; and WHEREAS, pursuant to Resolution No. 1178184, the City Manager's Office and the Community Development Department have worked with the Opa-locka Community Development Corp. and determined that an overlay Ordinance would be necessary to allow the mixed property uses which are deemed necessary for redevelopment; and WHEREAS, on July 12, 2011, the Planning Council recommended approval of the proposed Magnolia North Redevelopment Overlay ordinance. Ordinance No. I LT i:? NOW, THEREFORE, BF IT DULY ORDAINED f38:' THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section J fle. recitals to the preamble herein are incorporated by reference. Section 2. The Land Development Code of the City of Opa-locka, Ordinance 86-8, is hereby amended to create the Magnolia North Redevelopment Overlay (MNRO) Ordinance, as follows Magnolia North Redevelopment Overlay Ordinance A. Purpose and Intent 1. To encourage the revitalization of underused commercial and residential areas into pedestrian oriented developments that provide a complementary mix of uses, including a variety of residential options, within convenient walking distance. 2. To encourage efficient land use and redevelopment plans forming a live-work-play environment that offers residents the opportunity to fulfill their daily activities with minimal use of single-occupant automobiles. 3. To encourage contiguous development and maximize land use allowing for increased use of alternative transportation modes such as bus transit, rail transit, ridesharing, bicycling, and walking. 4. To encourage formation of a well-designed, pedestrian-friendly activity center with commercial and residential development that increases choices for safe living environments for the citizens of the great City of Opa-locka. 5. To allow flexibility in development standards in order to encourage the design of innovative development projects that set high standards for landscaping, green space, urban design, and public amenities. 6. To promote a distinct, unified theme that will reinforce the branding process and improve the market attractiveness of the area for investments by the private and public sectors. 7. To provide the appropriate incentives to encourage reinvestment and renewal necessary to realize the potential of the 22nd Avenue, and Magnolia North Subdivision, consistent with the City of Opa-lock.a Comprehensive Plan. Ordinance No 1. 1-11 8 To encourage a design plan that improves public safety and security throughout Magnolia North H. Applicability Me provisions of this map apply to all parcels designated within the Magnolia Subdivision and portions of 22nd Avenue corridor, south of N W 151st Street, and North of State Road 9 (EXHIBIT ATIACHE,D). The boundary of the district shall be shown on the Official Zoning map of the City of Opa-locka and all parcels contained within (he .nrie, which met the eligibility section below, arc able to utilize ihe provisions :et forth in Ifirs ordinance. All land uses and development, including but not limited to buildings, driveways, parking areas, streets, buffers, landscaping, and pedestrian / bicycle ways, shall he located and/or provided in accordance with the provisions of the City of Opa-locka Land Development Code and Miami- Dade County Subdivision, except as modified by this chapter. C. Eligibility Properties may use the MNRO ordinance if they meet the following criteria 1 Can be served by public water and sewer 2. Identified in the applicability section 3 Have an R-I, R-2, B-0, 13- I, 13-2, or 1-i zoning designation D. Relationship to Existing Zoning Districts The Developer of property that falls within the area covered by this ordinance may choose to develop his/her property using either standards of the underlying zoning district or the standards as set forth under this ordinance. ftI the Developer chooses to use the standards set forth in this ordinance, then the standards of ibis section shall lake precedence over those of the underlying zoning district and other sections of the land development code, E. Exclusions The following activities shall he excluded from the use of the MNRO requirements and development review, although they may be reviewed under separate administrative procedures Ordinance No J:17 where noted in this section or in other sections of the city of Opa lock.a Land Development or City Code of Ordinances. Non Residential Properties - All lc /parcels that are zoned industrial, except I-I (limited Industrial). are excluded from this ordinance, but shall comply with the provisions set forth in other sections 01 the City of Opa-locka Land Development Code. Compliance with these provisions shall be verified through the building permit process. Historic Properties - Properties that are contained or listed by the city now or in the future v,phin a locally designated historic district are exempt from his ordinance, but shall comply with the land development code that pertains to the property c Restrictive Use Areas — This area excludes the construction of single-family and duplex dwellings. F. Permitted Uses 1 Mixed-use developments, provided that the subject property uses a mix of commercial and residential uses simultaneously 2 Accessory buildings and uses customarily incidental to any of the above permitted uses 3 Community Gardens and other public amenities 4. More than one principal use may be permitted on a lot of record, provided the use is a residential and commercial mixed-use and is utiliLed with administrative site plan approval. G. Principal Uses Permitted - Subject to Special Exceptions: The following uses may be permitted by the Planning Council subject to the conditions hereinafter imposed for each use, including the review and approval of the site plan by the Mayor and City Conunission through its Planning Council in accordance with state public notification and hearing re.quirements. 1 All uses allowed under Magnolia North Redevelopment Overlay Ordinance a Uses permitted under section F shall also comply with the following i. The Planning Council shall impose conditions on the operation of the proposed use including hours of operation, outdoor operations and Ordinance No ll�i7 delivery and shipping of material Mai is necessary to ensure the uses compatibility with /u(TO uodmgareas In proposed areas of the Magnolia North Redevelopment Overlay district. where residential and commercial proJon'ma|r, any structural proposals for consuucu9n, neicve|qpmcot, rehahU}moon, mmjiOzmion, or expansion, the exterior appoara`c, shaJ| remain consistent with the general character of the ocon, including scale and mass of the huUding, nnnn8rmrm of windows, pitch of roof, and wpr of siding mu/erin[ hi ho Planning Counci shall reduce the mini mutt number of parking spaces rcqmmx| [n/ the properly involving tv"o or more uses if (hcir parking demand is anticipated to overlap. H|. Restrictive Uses — The area identified as a restrictive use on the attached exhibit is prohibited from constructing a single-family home, or duplex. 1. Area and Bulk Requirements: I. Uses shall comply with Article V, VI, VD, and Vitt of the city's Land Development Code regarding heigh|, minimum size of l*t. We maximum density permitted, and providing minimum yard setback requirements for the underlying zoning district, 2. In addition, the Planning Council should recommend m dho City Commission maximum front and street side lot line setbacks and minimum height requirements for any uxpaosmn, rehabUituhvn, redevdopoeni, or new development if they determine it us necessary to maintain the urban character of ih c neighborhood. 3. Where more than one principal use is allowed on a lot of record, setbacks between dhc buildings shall be based on the yuzd setbacks of the underlying zoning dixtric|, but may be modified by the City Commission if they are determine that adequate conditions have been included to address public health and adequate emergency access wiUzin the site, J. Standards ( Any non-residential or residential zoned property within he Magnolia Subdivision recorded by subdivision plat or dacd, using de proper municipal or county processes at that time, prior to July 27' 2011' is deemed a buildable lot for mixed-use — Ordinance No I t-i development, even though the lot may have ies;; than the minimum area for any residential or non residential zones. Uits developed in this Cashion shall use standards as set forth in this section. 2. Lot size and density - Lot size should not apply. Density shall not exceed fifteen ((5) dwelling units per acre. 3 Lot width - Minimum lot width shall riot apply to parcels using this ordinance. 4. Building Height - Maximum building height should be 35' 5 Floor area - Minimum floor area shall hr 1000 square feet per residential unit 6. Building Coverage - Maximum lot coverage shall not apply to parcels using this ordinance. 7. Minimum front setback - No less than ten (10) feet. 8. Minimum side (majoi and minor) setbacks - No less than five (5) feet or as determined by Florida Building Code, 9. Minimum Rear Setback - No less than fifteen (15) feet. K. Architectural Standards: While the city encourages that all new developments adhere to the Moorish architectural guidelines, ail new development created under the MNRO may be exempt and shall have the option to include a number of minor design and site planning elements to ensure quality and compatibility with general housing trends within the city. L. Application Procedures All applicants submitting for development approval through the MNRO ordinance shall follow the following procedures 1, An original and seventeen (17) copies of site plan, supplementary data, and architectural renderings, shall be submitted to the Community Development Department for review by all relevant city staff, Once staff has reviewed the information and deemed this information to be complete and in compliance with the standards set forth in this ordinance, the proposal and staff comments will he transmitted to the Mayor and City Commission for review 2 The Mayor and City Commission shall review and approve, deny, or modify its approval through ordinance. - - Ordinance No ||- 7 3 An application may be withdrawn "///bout pm%udicepnnr md/epuh|/cheu000, Section 3. All ordinances or Code provisions in conflict herewith are hereby Section 4. If any section, subsection,wn. y:n/enre. Juuse, phrase or portion n/ v5s Ordinance is for any reason held invalid or unconstitutional by any court of competent |urisdic6on, such portion shall be deemed a sopaxte, disnou, and independent provision and such holding shall not affect the validity of the remaining portions: of this Ordinance Section S. The ordinance shall become effective in the manner provided hy law PASSED AND ADOPTED this [2th day of October, ]O1 / _--_��— `^ � MY ATAYL0R MAYOR Attest to:� nppnn`edaxtoform and legal sufficiency / ' / � L � ,� Irby —_— —_ � �'/ 1 _ Dcbo ' ^—1 — City(� A(ioMhoy Moved hy: COMMISSIONER Seconded by: COMMISSIONER MILLER Commission Vote. 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor! YES FY 2013-2014 REVENUE SNAPSHOT MAGNOLIA NORTH 2145 DEVELOPMENT 2145 LINCOLN AVENUE OPA-LOCKA, FLORIDA 33054 Sit. ft / FY l 1 1 Y 1/1 FY 15 FY 16 Category Tdx/Fee Milldge Rdte Impact Fees Parks 0.722 18,420 13,299.24 0 0 Public Safety 0.116' 18,420` 2,136.72 0 0 i Road/ Drainage Impact Fee 0.454 18,420 8,362.68 0 0 Total Impact Fees 23,798.64 $0.00 $0.00 $0.00 Franchise Fees Florida Power& Light* 96.44 12 x 12 x .059q 819.35 819.35 $89 Telecommunications* $1,200.00 6 x 0.572} 4,118.40 4,118.40 $4,118.40 Waste Management , Stormwater Utility Fees $1.90 12.00 { $273.60 ! $273.60 $273.60 Water&Sewer 1 Total Franchise Fees $0.00 $0.00 $0.00 $5,211.35 $5,211.35 $5,211.35 - Building, Permitting and Licensing Fees j I_ - Builiding Permit Fees* 18,4201 24,000.00 $0.00 $0.00 $0.00 Landlord Permit Fees** 75.00 12 900.00 $540.00 i $540.00 $540.00 Site (paving and drainage) 8,000.00 $0.00 i $0.00 $0.00 Total Pemit Fees j i I 32,900.00 . $540.00 $540.00 $540.00 Ad Valorem Taxes 08-2122-003-0170; 1 08-2122-003-0130 2,500,000' 9.1526/1000} 22,881.50 22,881.501 22,881.50 $22,881.50 Total Taxes I 22,881.50 . 22,881.50 22,881.50 $22,881.50 Grand rotdi X5,781.50 28,632.85 28,01 85 $28,632.85 Date:October 5,2012 Prepared By:Community Development Department Source:City Ordinance,Miami-Dade County Property Appraiser,2012 DA *City retains only 30%of Building Permit Fees and fees stated do not include plumbing,electrical,and mechanical permit fees. **Landlord permit fees after year 1 is$45 per dwelling unit