Loading...
HomeMy Public PortalAbout13-14 Request of Zuma LLC to Rezone 1St Reading: March 27, 2013 2nd Reading: May 22, 2013 Public Hearing: May 22, 2013 Adopted: May 22, 2013 Effective Date: May 23, 2013 Sponsored by: City Manager ORDINANCE NO. 13-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, TO APPROVE THE REQUEST OF ZUMA, LLC TO REZONE THE PROPERTY IDENTIFIED BY FOLIO NUMBER 08-2128-007-0260 FROM I-2 TO I-2A; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Zuma, LLC ("Owner") owns property identified by Folio number 08-2128- 007-0260 ("Property"); and WHEREAS, on September 30, 2011, Owner submitted a request to rezone the Property from I-2 to I-2A, in order to conduct certain automobile salvage operations on the Property; and WHEREAS, the request to rezone was presented to the Planning Council on December 6, 2011, and the Planning Council recommended approval of the rezoning request; and WHEREAS, the City Commission of the City of Opa-locka wishes to approve the request to rezone the Property from the I-2 to the I-2A zoning district. 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 City Commission of the City Of Opa-Locka, hereby approves the request of applicant Zuma, LLC to rezone the property identified by Folio 08-2128-007-0260 Ordinance No. 13-14 from I-2 to I-2A, to allow appropriate uses as listed in section 6.11A (B) of the Land Development Code. Section 3. The rezoning request is approved subject to the following conditions: (1) The property owner must construct a permanent building (maximum height 20 feet/one story) to house employees, office, restrooms, and other facilities in conformance with the Florida Building Code. Portable toilets and temporary structures will not be allowed on the subject site. (2) The property owner must remove all illegal/unpermitted structures. Appropriate setback variances must be obtained from the city's zoning board of appeals or the structure(s)must be removed to comply with current code. (3) The property must be served by public water and sanitary sewer if available. (4) The subject property must comply with regulations of Miami-Dade County and City of Opa-locka as it relates to land development which includes but isnot limited to environmental,building, fire, and zoning. (5) All outdoor activity which includes storage, staging, display, delivery and sales must be conducted on the subject property. At no time will business activity of any kind be conducted on public property. (6) Compliance with all other applicable city, county, and state regulations related to operation of an auto salvage business use. (7) The maximum stacked height of automobiles or automobile parts is 15 feet and must be enclosed by a solid concrete/masonry wall at least as high as the stacked automobiles. (8) Compliance with the city's landscape and tree regulations are required prior to issuance of a certificate of occupancy for this type of business. (9) Property owner shall apply for a building permit for the site plan already submitted in connection with the rezoning application for the Property, if any building permit is required, within 90 days of this ordinance approval. All improvements to the Property that do not require a building permit shall be completed within said 90 day period, subject to force majure. (10) The Declaration of Restrictive Covenants associated with the Property shall be recorded 90 days after the approval of this ordinance, at which time the Property must be in compliance with same. Section 4. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Ordinance No. 13-14 Section 5. 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 6. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 7. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. The Declaration of Restrictive Covenants associated with the Property shall be recorded 90 days after the approval of this ordinance. PASSED AND ADOPTED this 22nd day of May, 2013. ■IRA L. AYLOR MAYOR Attest to: c, Jed a Flores Ci Clerk Approved as o form and legal suffi-'ency: / 1 A Joseph S' eller GREEN' 'OON MARDER PA City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER JOHNSON Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: NOT PRESENT THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,MARCH 17,2013 15ND NOTICE OF PUBUC HEARING TO CONSIDER CITY OF OPA-LOCKA,FLORIDA AN ORDINANCE TO REZONE PROPERTY FROM 1-2 TO I . NOTICE TO THE PUBLIC All residents,property owners and other Interested parties are hereby notified that a Public Hearing before the planning Council,to consider an ordinance as listed below,was held on Tuesday,December 6,2011 at 700 p.m.at Historic City NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will Hall at777Sharazad Boulevard,Opa-locka,Florida. hold a public hearing at its Regular Commission Meeting on Wednesday,March 27,2013 at A meeting of the City Commission for first reading will be held on March 27,2013 and if approved a Public Hearing will 7:00 p.m.at the Opa-locka Municipal Complex,780 Fisherman Street,2n°Floor,Opa-locka, be held on April 10,2013 at City Hall,780 Fisherman Street,2nd floor,Opa-locks.Florida,before the City Commission, Florida to consider the following item: to consider an ordinance as listed below. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, SECOND READING ORDINANCE/PUBLIC HEARING: AMENDING THE CITY ZONING MAP TO CHANGE THE ZONING OF THE PROPERTY IDENTIFIED BY FOLIO 0821280070260; AND IDENTIFIED BY ADDRESS 12950 ALEXANDRIA DRIVE, AN ORDINANCE OF THE CITY COMMISSION OF THE CRY OF OPA-LOCKA,FLORIDA;AMENDING OPA-LOCKA,FL FROM 1-2 TO I-2A ORDINANCE NO.09-16,SECTION 21-77 ENTITLED"SCHEDULE OF RATES GENERALLY" PUBLIC HEARINGS BY AMENDING PROVISIONS RELATED TO WATER AND SEWER RATE FOR FISCAL YEAR 1. APPLICANT INFORMATION: 2013-2014;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT PROPERTY OWNER: ZUMA LLC AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first APPLICANT'S NAME: ZUMA LLC reading held on February 27,2013).Sponsored by M.T. PROPERTY ADDRESS: 12950 ALEXANDRIA DRIVE,OPA-LOCKA,FL 33054 (ADDRESS NOT CONFIRMED BY PROPERTY APPRAISER) Additional information on the above item may be obtained in the Office of the City Clerk, LEGAL DESCRIPTION: North 160 FT OF South 968.51 FEET OF TRACT 303,REVISED PLAT 780 Fisherman Street,4"Floor,Opa-locka,Florida.All interested persons are encouraged to NILE GARDENS SEC 1;PB 38-56 LOT SIZE IRR OR 17516-0673 attend this meeting and will be heard with respect 4 COC 24518-0522 04 2006 6 9 sped to the public hearing. FOLIO NUMBER: 0821280070260 PURSUANT TO FS 28&0105:Anyone who desires to appeal any decision made by any board,agency,or ZONING: 1-2 commission with respect to any matter considered at such meeting or hearing will need a record of the REQUEST: ZONING CHANGE FROM 1-2 TO I-2A proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made, Pursuant l Chapter 295.0105,Florida Statutes:Anyone who desires to appeal any decision made by any board, which record includes the testimony and evidence upon which the appeal may be based. agency,or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made,which JOANNA FLORES,CMC record includes the testimony and evidence upon which the appeal is to be based. CITY CLERK NOTICE TO THE PUBLIC neighborsat4neighbors RECOVERY OF STOLEN PROPERTY Helping feels good Public notice is hereby given that a wide variety of lawn March has been a big month for Neighbors 4 Neighbors.On the 4th,we equipment, power tools and other miscellaneous items have ; launched our website—www.HelpingFeelsGood.org—a guide to giving been recovered by the Opa-locka Police Department. If the back to the community in personal and practical ways.Our means of using does not come forth and lay claim within 45 days of this ;ix:. technology to make human connections was also recognized with three t t', notice's publication, said items will be disposed of according iiira awards for innovation—the 211 Broward Academy Award as"Nonpront of • to Florida Statute 705.103 which may include retention for use a< the Year for Innovation,"Summit International's"Emerging Media Award for by the Opa-locka Police Department, donation to a charitable a innovalion"end an Honorable Mention at the Marcum Awards.Thanks to our organization,sale of property,or trade with another unit of local web developers at Marketing Matters.Please check the site out tor remelt. government or state agency. If an owner wishes to make a claim,please contact: We cannot agree only for cannot live only for ourselves.A thousand fibers connect us with our Opa-Iocka Police Department fellow men,and among these fibers,as sympathetic threads,our actions Property and Evidence Bureau run as causes,and they come back to us as effects."—Herman Melville (305)681-1033 ext.257 Monday-Wednesday 9:00 am-4:00 pm cell Neighbors 4 Neighbors at Friday 9:00 am-4:00 pm van www•nslgihbors4neiglhbors.org or watch for for more. Email:property@ooalockapd.com Neighbors 4 Neighbors Is generously underwritten by Proof of ownership must be provided. A Community Herbert 1 Hoover F°n partnership with� pra,.eirP pPp�-_Nt4, 41 COG m 0 A...RAJ gO City of Opa-Locka Agenda Cover Memo Commission Meeting March 27, 2013 Item Type: Resolution Ordinance Other Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) x X Public Hearing: Yes No Yes No (EnterX 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#: (Enter X in box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (EnterXin box) X N/A Enhance Organizational 0 Bus.&Economic Dev • Public Safety 0 Quality of Education 0 Qual.of Life&City Image 0 Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: The City Commission of the City of Opa-locka will consider Zuma, LLC's request to rezone their property from 1-2 to I-2A which will permit an automobile salvage operation and scrap metal facility use as a permanent use at this location as enumerated in 'City Ordinance 86-8 Section 6.11A, for the property identified by folio 08-2128-007-0260. Staff Summary: On September 30, 2011 Zuma, LLC. requested that their property be rezoned from 1-2 to I-2A to lawfully continue the use that operates on this property currently. This request was presented to the Planning Council on December 6, 2011. • The Planning Board recommended approval of the Applicant's request to rezone the property from 1-2 to I-2A. Staff recommended denial of the Applicant's request to rezone the subject property to the I-2A zoning district because this request was in conflict with recent Ordinance 01-10. Subsequently, meetings were held with the Applicant and the Applicant's Attorney to discuss the application. As a result of those meetings held with staff, Attorneys Geller, Gilbert, Price and Eddie Rodriguez, (property owner's representative) all agreed at that time a conditional use request for these uses was more consistent with the City's long-term planning goals rather than rezoning to I-2A. Therefore, the Applicant's Attorney requested that his application be amended to a request conditional use approval to operate an automobile salvage operation and scrap metal facility (a copy of their letter is attached). On February 26, 2013, the Applicant's Attorney submitted a letter requesting that their original request for rezoning be considered instead of their request for conditional use dated January 17, 2013. In the Attorney's letter dated February 26, they have retracted the conditional use request and would like to move forward with rezoning of the property from 1-2 to I-2A. Proposed Action: Staff recommends approval of the Applicant's amended request to rezone the property from 1-2 to I-2A with the requirements and conditions enumerated as follows: (1) The property owner must construct a permanent building (maximum height 20 feet /one story) to house employees, office, restrooms, and other facilities in conformance with the Florida Building Code. Portable toilets and temporary structures will not be allowed on the subject site. (2) The property owner must remove all illegal/unpermitted structures. Appropriate setback variances must be obtained from the city's zoning board of appeals or the structure(s) must be removed to comply with current code. (3) The property must be served by public water and sanitary sewer if available. (4) The subject property must comply with regulations of Miami-Dade County and City of Opa-locka as it relates to land development which includes but not limited to environmental, building, fire, and zoning. (5) All outdoor activity which includes storage, staging, display, delivery and sales must be conducted on the subject property. At no time will business activity of any kind be conducted on public property. (6) Compliance with all other applicable city, county, and state regulations related to operation of an auto salvage business use. (7) The maximum stacked height of automobiles or automobile parts is 15 feet and must be enclosed by a solid concrete /masonry wall at least as high as the stacked automobiles. (8) Compliance with the city's landscape and tree regulations are required prior to issuance of a certificate of occupancy for this type of business. Attachment: Planning Council Meeting Minutes, December 6, 2011; Planning Council Application Staff Report and Recommendation Site Plan Check List Attorney Price Letters-Amendment to Applications FF p•LOC D�}�� tkeirAckIr Ye. \4P ORATE° Memorandum TO: Myra L. Taylor, Mayor Joseph L. Kelley, Vice Mayor Timothy Holmes, Commission r Dorothy Johnson, Commissio er Luis B. Santiago, Commission-r FROM: Kelvin L. Baker, Sr., City Mana• - DATE: March 18, 2013 RE: The City Commission of the City of Opa-locka will consider Zuma, LLC's request to rezone their property from 1-2 to I-2A which will permit an automobile salvage operation and scrap metal facility use as a permanent use at this location as enumerated in City Ordinance 86-8 Section 6.11 A, for the property identified by folio number 08- 2128-007-0260. Request: The City Commission of the City of Opa-locka will consider Zuma, LLC's request to rezone their property from 1-2 to I-2A which will permit an automobile salvage operation and scrap metal facility use as a permanent use at this location as enumerated in City Ordinance 86-8 Section 6.11A, for the property identified by folio 08-2128-007-0260. Description: On September 30, 2011 Zuma, LLC. requested that their property be rezoned from 1-2 to 1-2A to lawfully continue the use that operates on this property currently. This request was presented to the Planning Council on December 6, 2011. The Planning Board recommended approval of the Applicant's request to rezone the property from 1-2 to I-2A. Staff recommended denial of the Applicant's request to rezone the subject property to the 1-2A zoning district because this request was in conflict with recent Ordinance 01- 10. Subsequently, meetings were held with the Applicant and the Applicant's Attorney to discuss the application. As a result of those meetings held with staff, Attorneys Geller, Gilbert, Price and Eddie Rodriguez, (property owner's representative) all agreed at that time a conditional use request for these uses was more consistent with the City's long-term planning goals rather than rezoning to I-2A. Therefore, the Applicant's Attorney requested that his application be amended to a request conditional use approval to operate an automobile salvage operation and scrap metal facility (a copy of their letter is attached). On February 26, 2013, the Applicant's Attorney submitted a letter requesting that their original request for rezoning be considered instead of their request for conditional use dated January 17, 2013. In the Attorney's letter dated February 26, they have retracted the conditional use request and would like to move forward with rezoning of the property from 1-2 to I-2A. Staff Recommendation Staff recommends approval of the Applicant's amended request to rezone the property from 1-2 to I-2A with the requirements and conditions enumerated as follows: (1) The property owner must construct a permanent building (maximum height 20 feet/one story) to house employees, office, restrooms, and other facilities in conformance with the Florida Building Code. Portable toilets and temporary structures will not be allowed on the subject site. (2) The property owner must remove all illegal/unpermitted structures. Appropriate setback variances must be obtained from the city's zoning board of appeals or the structure(s) must be removed to comply with current code. (3) The property must be served by public water and sanitary sewer if available. (4) The subject property must comply with regulations of Miami-Dade County and City of Opa-locka as it relates to land development which includes but not limited to environmental, building, fire, and zoning. (5) All outdoor activity which includes storage, staging, display, delivery and sales must be conducted on the subject property. At no time will business activity of any kind be conducted on public property. (6) Compliance with all other applicable city, county, and state regulations related to operation of an auto salvage business use. (7) The maximum stacked height of automobiles or automobile parts is 15 feet and must be enclosed by a solid concrete /masonry wall at least as high as the stacked automobiles. (8) Compliance with the city's landscape and tree regulations are required prior to issuance of a certificate of occupancy for this type of business. Planning Council Recommendation: The Planning Council recommends approval of the Applicant's request to rezone the property from 1-2 to I-2A. Implementation Time Line: Immediately Legislative History: Ordinance No. 86-8 Ordinance 01-10 Attachment(s) Planning Council Meeting Minutes, December 6, 2011 Planning Council Application Staff Report and Recommendation Site Plan Check List Attorney Price Letters-Amendment to Applications Prepared By: Gerald Lee, City Planner Howard Brown, Director Community Development Department C.4 Bilzin Sumberg ATTORNEYS AT LAVV Stanley B.Price,Esq. Tel 305.350.2374 Fax 305.351.2204 sprice @bilzin.com February 26, 2013 VIA E-MAIL Mr. Howard Brown 780 Fisherman Street 4th Floor Opa-Locka, FL 33054 Re: l-2A Rezoning Applications Dear Mr. Brown: As you know, we represent Eddie Rodriguez, as representative of four owners of automobile salvage operations who have applied for rezoning from I-2 to I-2A. Specifically, the applications are for the following four owners and properties: 1. JDL Unlimited Investments, Inc., 3391 NW 128th Street (Folio # 08-2128-008- 0010); 2. Veleza Truck Enterprises, Inc., 13000 Port Said Road (Folio # 08-2128-007- 0020); 3. Zuma, LLC, 12950 Alexandria Drive (Folio # 08-2128-007-0260); and 4.Javier Pedre, 12949 Alexandria Drive (Folio # 08-2128-007-0040). On January 17 of this year, we wrote to you to amend the applications to request conditional use approval, under City Ordinance 01-10, of the salvage uses permitted in the I-2A zoning district. As you know, the conditional use ordinance was developed to resolve a lawsuit filed against the city in 2000 due to the city's refusal to schedule rezoning applications for public hearing,and that the above-listed applications had been languishing in a similar state of purgatory after approval by the Planning Council well over a year ago. The intent of the January 17 amendment was to utilize the conditional use ordinance to permit the I-2A uses without obtaining a zoning district boundary change from 1-2 to I-2A. As you know, the primary use of property in this area has historically been MIAMI 3555736.1 79782/40236 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Brickeli Avenue,Suite 2300,Miami,FL 33131-3456 Tel 305.374.7580 F.;x 305.374.7593 vvm w.biizin.con■ ' I-2A Zoning Applications • February 26,2013 Page 2 automobile salvage operations, since even before the current zoning code was adopted in 1986. Yet, for some reason, only some of the properties in this area were designated I-2A, which permits only auto salvage operations, and the others were designated I-2, which mystifyingly permits all industrial uses of a similar or greater intensity than auto salvage— but not auto salvage. The purpose of the conditional use ordinance was to bridge the gap between I-2 and I-2A with a single, comprehensive solution to permitting the pre-existing auto salvage operations instead of rezoning one parcel at a time from I-2 to I-2A. Unfortunately, on January 28, the City issued a zoning violation to Javier Pedre for Folio 08-2128-007-0040, a property that had already received the conditional use approval in 2001. We have therefore concluded that Ordinance 01-10 does not provide a workable solution to the problem of the mis-zoned salvage yards in the area south of 135th Street and west of Port Said Road. The reasons for this are numerous. For example, in the 12 years that have passed since the ordinance was adopted, the City has still not codified it in its zoning code, and in the 12 years that have passed since three properties were granted conditional use approval, the city has still not ceased issuing zoning violations to the properties. We therefore retract our January 17 amendment to the applications and wish to proceed to hearing only for the originally requested district boundary changes from I-2 to I-2A. This request, as previously determined by the Planning Council, is of course consistent with the City's Comprehensive Plan and surrounding land uses. Significantly, the proposed approvals would not in any way alter the character of the neighborhood or negatively impact surrounding properties. All properties in the neighborhood are currently used for the salvage operations permitted in the I-2A zone, and the requested approvals could therefore not be any more consistent with the character of the neighborhood and surrounding properties. Further, because no change in intensity or type of use is requested, there will be no negative impacts on traffic or other public infrastructure and services. Most significantly, these applications seek only to correct the City's own mistake, made over 25 years ago, when it zoned pre-existing industrial salvage yards for all industrial uses other than salvage yards. Since the 1986 zoning code was enacted,the City has partially corrected its error on a parcel-by-parcel basis, yielding a scatter-shot zoning map in the area. Although nearly every property in the industrial area has contained a salvage yard for decades, only a few of these industrial sites are, in fact, zoned for salvage yards. In my 40-plus years of handling zoning matters in South Florida, I cannot think of any zoning scheme so inconsistent with both on-the-ground reality and fundamental constitutional protections. Although the applications request zoning changes for the four properties listed above, we understand that the City is about to embark on a comprehensive planning study and revision of its zoning code, and we anticipate that this process will culminate in the equal treatment of all salvage yards in the area, with the MIAMI 3 55573 6.1 79782/40236 BILZIN SUMBERG BAENA PRICE & AXELROD LLP `I-2A Zoning Applications • February 26,2013 Page 3 appropriate zoning reclassifications,so that both the City and the area property owners can avoid the headaches caused by the 1986 ordinance. We appreciate your continued dedication to resolving this matter, and we look forward to hearing from you regarding the date in March that, in accordance with the City Code, these applications will go to hearing before the City Commission. Please feel free to contact me if you have any questions about the applications. Sincerely, 641-Stanley B. Price cc: Kelvin Baker, City Manager Joseph Geller,City Attorney Gerald Lee, City Planner MIAMI 3555736.1 79782/40236 C4BILZIN SUMBERG BAENA PRICE & AXELROD LLP e-4 Bilzin Sumberg A T T O R N E Y S A T L A W Stanley B.Price,Esq. Tel 305.350.2374 Fax 305.351.2204 sprice©bilzin.com January 17, 2013 VIA E-MAIL Mr. Howard Brown 780 Fisherman Street 4th Floor Opa-Locka, FL 33054 Re: Amendment to Applications for Approval of Automobile Salvage Uses Dear Mr. Brown: As you know, we represent Eddie Rodriguez, as representative of four owners of automobile salvage operations who have applied for rezoning from 1-2 to I-2A. Specifically, the applications are for the following four owners and properties: 1. JDL Unlimited Investments, Inc., 3391 NW 128th Street (Folio#08-2128-008-0010); 2. Veleza Truck Enterprises, Inc., 13000 Port Said Road (Folio#08-2128-007-0020); 3. Zuma, LLC, 12950 Alexandria Drive (Folio# 08-2128-007-0260); and 4. Javier Pedre, 12949 Alexandria Drive (Folio#08-2128-007-0040). Although the Planning Council has approved these applications more than a year ago, they have not yet been scheduled for final consideration by the City Commission. Because the City has represented to us that a conditional use approval for these uses is more compatible with the City's long-term planning goals than a rezoning to I-2A, we are hopeful that an amendment to the applications, to include a request for conditional use approval of the enumerated automobile salvage operations and scrap metal facilities that are permitted by right in the I-2A zone, will bring about a result that is favorable to both the property owners and the City. We wish to emphasize that this is a "win-win" solution for the City and the owners, who remain deeply committed to improving the neighborhood. This includes adding much-needed sewer connections and other infrastructure improvements at their own expense, as well as ensuring compliance with all applicable City ordinances, including the landscape ordinance, MIAMI 3181591.3 79782/40236 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1450 Bricke,8 Avenue,Suite 2300,Miami,FL 33131-3456 Tel 305.374.7580 Fax 305.374.7593 www.bilzn.com Mr. Howard Brown January 17,2013 Page 2 applicable setbacks, and off-street parking requirements. Notably, the owners are not seeking new zoning approvals to change the character of the area or to add brand-new or unusual uses, but only to ensure that the automobile salvage businesses and uses that have continuously characterized the area for decades are permitted to continue at their existing locations. As already determined by the Planning Council, the requested approvals are in full compliance with the code's requirements and further the public welfare. Significantly, the proposed approvals would not in any way alter the character of the neighborhood or negatively impact surrounding properties. All properties in the neighborhood are currently used for the salvage operations permitted by the conditional use ordinance, and the requested approvals could therefore not be any more consistent with the character of the neighborhood and surrounding properties. Further, because no change in intensity or type of use is requested, there will be no negative impacts on traffic or other public infrastructure and services. Indeed, because the owners have agreed to the conditions that they bring their properties into full compliance with the code, these applications bring the properties into further, not less, compliance with the code and its purposes and intent. As we have discussed, the City's applicable conditional use ordinance, Ordinance No. 01-10 ("Ordinance"), attached, permits permanent conditional use approvals in the 1-2 zone for the same enumerated automobile salvage operations and scrap metal facilities that are permitted by right in the I-2A zone. Because the permanent conditional use approval provided by the Ordinance is a lesser included use within the original rezoning request to I-2A, we request that applications 1, 2, and 3, as listed above, be scheduled for consideration by the City Commission for permanent conditional use approval of the enumerated automobile salvage and scrap metal uses listed in the Ordinance. Because the code has still not been updated to reflect the 2001 Ordinance, which eliminated the old two-year renewal period for conditional use approvals, in order to ensure clarity in the future, we request that the conditional use approval explicitly reference the Ordinance, provide for permanency, and not include any conditions permitting future modifications of the approval. In addition, in light of the continued issues with the Javier Pedre property, which, as explained below, was already granted conditional use approval over ten years ago, we request that the resolution approving the conditional use avoid uncertainty and wasted efforts in the future by expressly providing that the approval runs with the land, and that neither a change in tenant, change in ownership, or non-substantial change in site plan will require a new review and approval by the Planning Board and/or City Commission. Because of the lengthy delays that these applications have already been subjected to, we hope that applications 1, 2, and 3, as amended herein, can be noticed and scheduled for consideration by the Commission in February of this year. The City has already granted a permanent conditional use approval under the Ordinance for the Javier Pedre property that is the subject of application number 4. Accordingly, we request that the City ensure that its records are properly updated to reflect the MIAMI 3181591.3 79782/40236 1t4 BILZIN SUMBERG BAENA PRICE & AXELROD LLP Mr. Howard Brown January 17,2013 Page 3 approval and, once it has done so, to please send us a written zoning verification for the property reflecting the existing conditional use approval, at which point we will formally withdraw the zoning application for the Javier Pedre property. If any additional information regarding the existing conditional use approval for the Javier Pedre property is required before you issue the zoning verification, please let us know and we would be happy to assist. We appreciate your continued dedication to resolving this matter. We look forward to hearing from you regarding the zoning verification for the Javier Pedre property and the public hearing schedule for consideration of the amended applications. We also anticipate receiving your favorable recommendation to the Commission regarding the conditional use requests, but if any issues, questions, or concerns arise, please let us know so that we can provide additional information as appropriate. Sincerely, C Stanle . Price cc: Kelvin Baker, City Manager Joseph Geller, City Attorney Gerald Lee, City Attorney MIAMI 3181591.3 79782/40236 it,4 BILZIN SUMBERG BAENA PRICE & AXELROD LLP " THE GREAT CITY " 6)10 pf Ait'4w1°C56C11.0 PLANNING COUNCIL APPLICATION N� 1 APPLICATION NUMBER: I I 1 C4PINLICHECK NUMBER: I q- 7 DATE RECEIVED: v 1 #// °i PROPERTY OWNER'S NAME: 2.0 M A L L C. pr/fp/1 PROPERTY OWNER'S ADDRESS: I2 c SO At.cxAHn2iq Ott• - ppq - LoCKA ► FL 33o S it Number/Street City State/Zip Code APPLICANT'S NAME: Z u M A LL C. APPLICANT'S ADDRESS: 12 q S0 ALC k Ap&at,A 04. OPA -Lo tKA ► FL 330 5 y Number/Street City State/Zip Code PHONE NUMBER: OFFICE (30$1 b q' 4109 HOME OTHER SUBJECT PROPERTY ADDRESS: Izei S 0 A E E x A,J tg.►A Oa. ► f)P A-I.o t A* Pi 330 S Number/Street TAX FOLIO NUMBER: O$ - 2.128 - 00-1 -07-60 PRESENT ZONING: I- 2. (LlGEa, L ZN oVS Tx:► LEGAL DESCRIPTION: 2 8 -25 Si '-11 I.I-11 AC P(3 3 d- S6 IZ E V PLAT NICE G rA a O C>✓t SEC i i.J t6o FT OF Sglet. S1 FT of i2A(,T 303 Lo-- SI]ofc Z22E4uLA2 OAZ 11 516- 40611 0141 44 Cot z4-15I9 OS1Z OBI 2006 6 Please check specific request: _Tentative Plat Final Plat _Comprehensive Plan Amendment CITY OF OPA-LOCK A —Drainage Plan Comm otv Fill DL°e f Tarr-A Planning i ng Dept Permit Request Daft ( _Preliminary Site Plan Review Signature: t71/1 <-_Final Site Plan Review —Conditional Use Permit-No Plans _Conditional Use Permit-With Plans _Special Exception-No Plans Special Exception-With Plans -Other-Please specify: .2.0p1$N 1, C a A wi t.F : 3 -2 }o I-2 A . Add any additional information that may be of importance to this request: Page 1 of 4 PLANNING COUNCIL APPLICATION (Check list) Applications will not be accepted without the following data. For a public hearing,all items below are necessary and must be submitted. Completed application form 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 I.D. w, Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized) v 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). VAll preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad format v/r Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches) r/ 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) t" 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) f Narrative concept to be submitted with application AFFIDAVIT I, 2VM A Lt,t • ,being I st duly sworn,depose and say that I am the OWNER of the property,and I understad that this aoOipation must be s •lete and accurate before a public hearing can be advertised. S e- a9/ao/1 Date Sworn to and subscribed before me: This a9,7 day of -Ug . c201 LwR 45 M• R jhI My commission expires ` °25/ 0 Notary Public Attach copy of i 4stMn RF si , V_fit°k 0i-°0 1, ZOIARY - 4110 1111P : PUB%- Page of S . e #,'0,,geOF CV?O'N 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 ,being first duly sworn,depose and say that I am the owner of the property legally described as: I do give to the power of Attorney and authority to speak in my behalf in reference to the above described property. Further,by affixing my notarized signature to this document, I also authorize 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. Signature Date Sworn to and subscribed before me: This day of • My commission expires: Notary Public Attach copy of identification Page 3 of 4 PANNING COUNCIL APPLICATION NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 12°)CO AGrxA1Jbrt,)w Oa. D/►E - -'CKA 1 FL 33 c 5 '. LEGAL DESCRIPTION: 7..c3-2 q St 41 l•1'11 A C P 1 °S b ►2 C v ?LA A T N I L E CAaat: N3 SEC 1 N)bo FT tic SCil.€. 51 FT OF TRACT 103 L01 S'11r Z2RE bulArt. o t In$11. - b( i3 OIa, CoC 1.4 S 19 _06 2.2 0'•1 Zoo)o (o PROPERTY OWNER'S NAME: Z U M A L-LC • PHONE: (30 S)1 664-'}t°4 ADDRESS(If different): We,the undersigned,have no objection to petitioner's request to: C{t N rr b E Fit Dm S-2 2 or.i),. b -7o Z-2.A 'ZiorI),N l,. NAME ADDRESS PHONE FRONT: 1. UUUA20A Q. Mv)2 (28, 5 AccxRrtOR)A Da. 2. X 0-o5 so • Now a Mut• 46 3. IbutinJ O 12. Mu•i. (14 lo l ALCXAi•IPit A pa. 130x\ (o$1- 350S- 4 X t(itF Amick/AiC ii. _ :. RIGHT: 1. CH. al. IMIn1T0N 12.g SO ALekA4oa)A DR. DIS)165-g204 SIDE: 2. )C " L 1 n A giro(' <IS3. tt /0 64Z G+�1v 4. LEFT: 1. fAvk. E . 6A En 1241.0 AF4t;xRNraIA Di- SIDE: 2. X ei-o0Eiti CwCEO 3. 4. REAR: 1. C M A a.1.E S t. Pow Eat V A C rrt.t 1— '' -- 2. X VAck,l1 t.o 3. 4. * SEE f1 TAt. .4 b $uS ) nft.S! CAAOS - Page 4 of 4 KAF Recycling Corp 404.• SCRAP METAL • ALUMINUM • BRASS • CANS • COPPER Batteries•Heavy Equipment•Radiators• Forklifts•Heaters•Applicnres 12871 Alexandria Drive Opa Locke, FL 33054 We Buy Anything Metal kafrecycling@gmail.com 305-681-3505 11 , �l IULIO CAS i II_I�} Cell 7S6 487-0939 Nextel Peru: 157+143+11614 I rl 305-053-9984 IimakingQnt.etpn cstwhoa;t.tiLt O' 1272(1 N,;>:andi to Dr OI'd-LOCKis.IL 33054 www 11,n:,kin}. ,:,,t+r Property Information Mar Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DADE miamidade.gov IIIIIINIIIIIIIIIIIIIIIIIIIIIIII _ Property Information Map :. i 1 , , ,z. 7 Summary Details: a Folio No.: 08-2128-007-0260 "" Al ' t C Property: rty:- ^ Mailing ZUMA LLC Address: 12950 ALEXANDRA DR OPA s- .. '4 LOCKA FL ' 33054-4712 • ;• — — Property Information: 7300 INDUSTRIAL- Primary Zone: HEAVY l , ? ¢ CLUC: 0081 VACANT LAND • Beds/Baths: 0/0 Floors: 0 Living Units: 0 Adj Sq Footage: 0 ' Lot Size: 51,280 SQ FT Year Built: 0 28-29 52 41 1.177AC PB ty 38-56 REV PLAT NILE Legal N1 ODFT OF S968.51 OF Description: TRIRR ACT OR 303 LOT 17516-0673 SIZE - .. 0197 40 COC 24518-0522 6. `. ,. 04 2006 6 Assessment Information: -- -� ,_ Year: 2011 2010 Land Value: $358,960 $435,880 ' Building Value: $0 $0 0 135 ft Aerial Photography-2009 Market Value: $358,960 $435,880 Assessed Value: $358,960 $435,880 This map was created on 11/7/2011 11:15:33 AM for reference Taxable Value Information: purposes only. Year: 2011 2010 Applied Applied Web Site©2002 Miami-Dade County. All rights reserved. Exemption/ Exemption/ Taxing Authority: Taxable Taxable Value: Value: Regional: $0/$358,960$0/$435,880 County: $0/$358,960•$0/$435,880 City: $0/$358,960$0/$435,880 School Board: $0/$358,960$0/$435,880 Sale Information: -- Sale Date: 4/2006 Sale Amount: $800,000 Sale 0/R: 24518-0522 Sales Qualification Other disqualified Description: View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl=http://gisi... 11/7/2011 Zuma LLC. 12950 Alexandria Dr. Opa-Locka, FL 33054 Phone: (305) 769-9204 August 29,2011 City of Opa-Locka Planning& Community Development Department 780 Fisherman St. Opa-Locka, FL 33054 Narrative Concept RE: Narrative Concept for Planning Council Application for property located at 12950 Alexandria Dr.,Opa-Locka,Miami-Dade County,Florida(Folio No.08-2128-007-0260) To Whom It May Concern, We are currently operating an existing vehicle salvage yard on the above referenced property, located at 12950 Alexandria Dr. in the City of Opa-Locka. We have been operating this facility at this location for many years under our occupational licenses from the city of Opa-Locka. But, as of recent, it has been brought to our attention,that it is required for us to change our commercial zoning classification from I-2 to I-2A. Therefore,please find attached our Planning Council application requesting our current zoning to be changed from I-2 to I-2A. Sincerely, Daisy anc ez,President Zuma LLC. 1 — , „„ -,,,, ,;,.,/;,,0 •'',.'../'''':-,10,;„;-'''',,:i.,,,,, _ , ( CITY OF OPA-LOCKA, FLORIDA 9 297 COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT < CUSTOMER'S RECEIPT 49 a cp Code No a m b iii * ... Received of - -4-11:94-6-'62 Vittt't4--00 (?-60114/Li- F 1 i Address ---"/- --2-r-42---j• : .c-'2-r ... a ta o 124, 0 5' Description /212/6-€ 3--4/ 3 = 0 EC 4 j, ......g.:-.44-4a,..........— 0 Amo......__. CT 11. . CD i 4 (/tza age,io p,1) es,i-i/957 Dollars$//2,.)(-1 K--7)W 1 6 3 * 0, 0 Make an checks payable to 1 ) = City of Opa-locka,Ronda Cashier r WHITE - Customer Copy YELLOW- Office Copy PINK - Department Copy 1 Bank of America 1937 ...,...._ rlIvA7ArTFA-'.v.,v,-J.i„ , , 1. _ , . h-z., ,,.:. ,,,Y4-1>.,-,-..,, 4:Al...0.,/ r, ACH Ha 083100277 834/113o R. , , t':-.. , ..!..-- *-7'.,i.-'t-ef,,,i,,: 4-..',k,i,,,,::,..ro,, ,,f 1383 ,--,,,-, , ., ..,,,%., .„ ‘, ,. , , ,e....,;„-‘ ,,1::.., , .,-,61.4, s' 7/20/2011 f•-*"0';', 11 TO THE City . .p8-otka DER OF f' . itt , , $ **1,250.00 One Thousand„ , undred Fifty and 00/1401 0 ”A: DOLLARS n City Of gpa-Locka P.O. BOX 371 CITY OF OPA-LOCKA, FL 33054 1.41) 4t4 i Application Zoning Change , 44, 4 AOTHOP "--"TV.TURE 8 50 7 s I ! ,... 4 �Uf • MINUTES PLANNING COUNCIL MEETING TUESDAY, DECEMBER 06, 2011 ROLL CALL: The meeting was called to order at 7:07 p.m. by Chairman Russell. Present were members Elio Guerrero and Joseph J. Kelley. Also present were City Attorney Michael Rodriguez, Community Development Director Howard W. Brown,Jr. and Planner Gerald J. Lee. A correction to the roll call was made as related to Board members Alvin Burke and Ella Cobbs who had resigned. Chairman Russell inquired if Community Development had received anything in writing about their resignations. Mr. Brown said he only received verbal notice and would check with the City Clerk about getting a confirmation of the resignations in writing. II INVOCATION AND PLEDGE: Member Kelley said the invocation and the Pledge of Allegiance followed. III APPROVAL OF MINUTES: September 13,2011 Member Kelley made a motion to approve the minutes and Member Guerrero seconded the motion. Upon roll call the minutes passed 3-0. Elio Guerrero - yes Joseph Kelley - yes Calvin Russell - yes Member Kelley mentioned for the record that he has to be somewhere else by 8; and to the staff a 7 o'clock meeting should be a 7 o'clock meeting starting. He did not know what happened but the doors were not opened and in the future they should be opened because it is not fair to them or the applicants to stand outside waiting. Chairman Russell said it's a Planning Council Minutes 12/06/2011 Page 1 of 8 first time and he believes Community Development has been doing an excellent job in assuring the doors are open. IV. PUBLIC HEARINGS: 1. 0 & E EAST COAST INVESTMENTS LLC. 2527 OPA-LOCKA BOULEVARD, OPA-LOCKA, FL 33054; LOTS 24 & 25, BLOCK 151, COMMUNITY GARDENS, PB 31-5, LOT SIZE 14, 148 SQ FT; FOLIO #0821220110420;ZONED B-1 REQUEST: CITY COMMISSION APPROVAL TO OPERATE A CHILD CARE ACADEMY Chairman Russell mentioned that this item was heard before and it was approved with conditions and forwarded to the Commission. He did not know why it was coming again and did not know what to do with it. Attorney Rodriguez said that when it went in front of the Commission the Planning Council had given the conditions that they meet the parking requirements by showing a site plan showing the parking spaces. There was no clear evidence whether the conditions were met with what was presented to them; therefore they had two options, to deny or send it back to the Planning Council to review and assure the parking requirements are met according to code. Chairman Russell asked if the parking issue was met. Mr. Brown said the condition has to be addressed prior to them going again before the Commission. They will have to come into compliance in order to return to the Commission and prior to getting an occupational license. Chairman Russell then asked how many parking spaces they have. Ms. Aixa Serra, owner of the child care academy, 985 N. E. 116th Street, Biscayne Park, FL 33161, said they have 24 parking spaces. She did not know why she was back at the Planning Council because when she came July 12 she was approved. In October she called to find out what happened because she had not heard anymore and the secretary told her that the Commission did not approve it but sent it back to the Planning Council because of the parking conditions. Chairman Russell then asked Ms. Serra if she had anything to show that she came into compliance. She replied yes and that she showed having 24 parking spaces. There are two churches and her day care. The twenty four parking spaces are used by them Monday through Friday and the two churches are there only on Saturdays and Sundays. Member Kelley said the letters sent from Ms. Serra mentioned there is only one public school in the area and no day cares; there's only two public religious schools and there are 3 or 4 charter schools in the area and several other day cares. He mentioned that staff recommended approval but wanted to know how they are going to address the parking if they are sharing the space with two churches. Mr. Brown said a condition was placed where they have to comply with the off street parking requirements; a site plan showing Planning Council Minutes 12/06/2011 Page 2 of 8 the off street parking spaces would be sufficient. At the Commission meeting there was discussion about playground and parking spaces. There may have been some confusion as to what is off street parking. To clear this matter they have to show the off- street parking spaces on a site plan prior to obtaining a business license. Chairman Russell said he is very familiar with the area and there are other people who occupy the same building, and due to that fact they cannot claim to have 24 (twenty-four) parking spaces. Attorney Rodriguez explained that the application presented was incomplete because according to the Land Development Code the off street parking requirements for a day care is one parking space for each 500 (five hundred) gross sq. ft. of floor area. Ms. Serra notified that there are 1800 (eighteen hundred) sq. ft. Attorney Rodriguez said forl 800 (eighteen hundred) sq. ft. 3 (three) or 4 (four) parking spaces are required, 24 (twenty four) parking spaces have to be divided between the day care and the two churches. If there is an understanding that the uses are only going to be Saturday and Sundays, and the day care Monday through Friday there may not be an issue. Mr. Lee added that in a particular site shared parking often means there are formulas that allow for multiple uses at certain times. They are saying that most of the time they are operating the churches are not operating. It doesn't preclude that the churches could be operating at other times, but generally they will have 3 (three) parking spaces. Another thing if they have enough parking for staff, when kids come and go, their parking is momentarily,like a retail shop. Attorney Rodriguez then explained the code requirements for parking spaces for churches. Without a shared parking agreement if there is an understand that church uses are going to be Saturday and Sunday and the day care uses are Monday through Friday, and there is not going to be any overlapping, that may not be an issue. However, it may become an issue in the future. Chairman Russell then opened the public hearing. Mr. Eddie Rodriguez, 6200 SW 67 Avenue, Miami. 33143. He is an engineer and does many site plans and is bringing one tonight before them. He suggested that if it was already approved she could submit a site plan to the Planning Council with the parking requirements; she can have an engineer do it for her and submit it. Attorney Rodriguez said that is what the Commission had decided. Ms. Serra said she did produce the site plan. Member Kelley asked the staff if the requirement that the Commission and Planning Council recommended to the applicant was adhered to? Mr. Brown said his recommendation is that if it's the pleasure of the Council to approve it subject to site plan review by the office and present to Commission for ratification or table the item until they can bring it back to the Council. Member Kelley interrupted by telling him that was already done. Based on the attorney and chair the requirements haven't been met. If they have not been met the Council cannot be asked to pass something that was sent before with the same challenge. The applicant has to be told that she did not meet the requirements. If she did it would have been passed by the Commission when it went before them. Planning Council Minutes 12/06/2011 Page 3 of 8 Chairman Russell then asked for a motion. Member Kelley said he will not support it because he does not have a site plan,he would move to table it to the next Council meeting in January, 2012. Chairman Russell then informed Ms. Serra about what would happen. Member Guerrero made a motion to table it and Member Kelley seconded the motion for discussion. Chairman Russell said that would only send them back to the same situation, and he would not support that. Ms. Serra was upset because she felt it was not fair that she would probably have to wait another six months. She had been waiting since July for this approval. Attorney Rodriguez explained the situation to Ms. Serra about the code requirements and the reason of the Commission deciding to deny the recommendation and send it back to the Planning Council. She must meet the minimum code requirements for parking on a site plan, otherwise she will be in violation of the code. That has not been met and she should consult with a professional in order to provide a proper site plan because the Council cannot approve or recommend approval to a user site that is inconsistent with the code. There were concerns with the Planning Council and with the Commission because they were not adequately responded. There are no assurances that she met the minimum requirements. Member Kelley asked if there was a site plan. Mr. Lee said yes, but it was incomplete. The site plan addressed parking but not adequately. Member Kelley asked if the applicant was told that the site plan did not show the parking requirements. Mr. Lee responded positively, that the secretary had told him before she retired that she had conveyed the information to the applicant and had not received any updates from the applicant. The public hearing was opened. Mr. Eddie Rodriguez, 6200 SW 67 Avenue, Miami. 33143. He is an engineer and does many site plans and is bringing one tonight before them. He suggested that if it was already approved she could submit a site plan to Planning Council with the parking requirements; she can have an engineer do it for her and submit it. Attorney Rodriguez said that is what the Commission had decided. Ms. Serra said she did produce the site plan. Chairman Russell asked for a vote but the first motion to table failed due to lack of a second. Discussion followed and Member Kelley then made a motion to send it back to the Commission, no second. Chairman Russell asked for a motion to approve or deny. Member Kelley then asked if it can be sent back to the Commission without any recommendation from the Council. Attorney Rodriguez gave a positive response. Member Kelley then moved to recommend denial and for the applicant to appeal to the Commission. The motion was seconded by Member Guerrero. Upon roll call the motion to deny passed 3-0. Elio Guerrero - yes Joseph Kelley - yes Calvin Russell - yes Planning Council Minutes 12/06/2011 Page 4 of 8 2 &3 Attorney Rodriguez explained to the Council that items 2 and 3 will be pulled from the agenda per the applicants request because they were not ready. 4. ZUMA LLC/DAISY SANCHEZ, 12950 ALEXANDRIA DRIVE (VACANT LAND) OPA-LOCKA, FL 33054 (ADDRESS NOT CONFIRMED BY THE PROPERTY APPRAISER), N 160 OF S968.51 OF TRACT 303, LOT SIZE IRR OR 17516-0673 0197 4 COC 24518-0522 04 2006 6, REVISED PLAT NILE GARDENS SECT 1; PB 38-56;Folio#0821280070260;ZONED I-2. REQUEST: ZONING CHANGE FROM I-2 TO I-2A DISTRICT Daisy Sanchez, 12950 Alexandria Drive, Opa-locka, FL 33054 and Mr. Eddie Rodriguez, 6200 SW 67 Avenue, Miami, FL 33143, came before the Council to request a zoning change from I-2 to I-2A. He said that the area is not a vacant lot and the business has been operating since the 70's and it is a junk yard. They submitted their site plan and the other documents required. Chairman Russell asked if this was the same as the request on the last meeting. Mr. Lee said that this request was similar to the other requests that were on 32 Avenue and Cairo Lane. This area is outside of the I-2A zoning district but west of 32 Avenue. Member Kelley said this is like all the others who wanted zoning change. He wanted to clear whether it is or not a vacant lot. Mr. Rodriguez responded that it is not and it's dated back to 2001. Member Kelley asked staff if it's vacant or not. Mr. Brown answered that he does not have that information but knows Mr. Rodriguez said there's a business and there must be a reason for him filing for a zoning change. Then he asked staff if they know if there is something on the property. Mr. Lee replied yes there is a business, a salvage yard. Member Kelley then requested that something be sent to the Commission from the Planning Council addressing how they are going to proceed with the I-2 to I-2A because from here on there will be more applicants having to come into compliance with the way the code is situated. Mr. Brown said staff is recommending approval. He informed that there was an ordinance adopted in 2001 that clarifies procedures for this type of uses in any areas off 135 Street, 32 Avenue and 129 Street. The intent of the ordinance is to allow those types of businesses by conditional use. The applicant submitted an application for a rezoning to I-2A which if he gets rezoning it's less restrictive. Therefore, the staff is recommending that he be allowed to have a conditional use to operate with conditions, as numerated in the recommendations that are in the packages. It would be in consistence with 2001 guides from the commission. The Commission wanted to allow junkyards in close proximity from Cairo Lane. With a conditional use staff will be able to address certain things like off street parking,paved parking,permanent buildings,restrooms, etc. Chairman Russell then opened and closed public hearing. No one came forward for or against the case. Planning Council Minutes I2/06/2011 Page 5 of 8 Member Kelley made a motion to approve the zoning change from I-2 to I-2A with conditions and Member Guerrero seconded the motion. Upon roll call, the motion passed 3-0. Elio Guerrero - yes Joseph Kelley - yes Calvin Russell - yes 5. & 6. MAGNOLIA NORTH APARTMENTS, LLC, OPA-LOCKA COMMUNITY DEVELOPMENT CORPORATION, (OLCDC), (5) 2060 LINCOLN AVENUE, OPA- LOCKA, FL 33054, LOTS 8 & 9, BLOCK 6, MAGNOLIA SUB, PB 40-80, FOLIO 0821220030610, ZONED R-2; (6) 15050 DUVAL STREET, FL 33054, LOTS 4 & 5, BLOCK 1, MAGNOLIA SUB, PB 40-80, FOLIO 0821220030040,ZONED R-2 REQUEST: ZONING CHANGE FROM R-2 TO OVERLAY DISTRICT PER AMENDMENT TO ORDINANCE 86-8 OF THE LAND DEVELOPMENT CODE; MAGNOLIA NORTH REDEVELOPMENT OVERLAY ORDINANCE#11-17 Mr. Brown informed these sites are located in Magnolia North, the City Commission adopted a redevelopment overlay district which allows for flexible standards regarding parking lot, off street parking spaces, setbacks, etc. Magnolia North LLC is proposing to rezone the properties to the new overlay district. This is the only way they will be able to utilize the properties because of zoning incompatibilities and the overlay district will allow them to occupy the space to bring a multifamily housing development in the two sites. The ordinance adopted by the Commission has guidance and the staff report has listed the concessions in the packages. Staff recommendation is for approval. Member Kelley said he already has a problem with what they are trying to do, and knows about the overlay ordinance,but the commission already passed it. Chairman Russell then opened and closed public hearing. No one came forward for or against the case. Member Kelley made a motion to approve the zoning change to the overlay district for 2060 Lincoln Avenue and Member Guerrero seconded the motion. Upon roll call,the motion passed 3-0. Elio Guerrero - yes Joseph Kelley - yes Planning Council Minutes 12/06/2011 Page 6 of 8 Calvin Russell - yes Member Guerrero then made a motion to approve the zoning change to the overlay district for 15050 Duval Street and Member Kelley seconded the motion. Upon roll call,the motion passed 3-0. Elio Guerrero - yes Joseph Kelley - yes Calvin Russell - yes 7. Community Development Department, 780 Fisherman Street, 4th Floor, Opa-locka, FL 33054 REQUEST 4 (FOUR) AMENDMENTS TO CITY ORDINANCE 86-6-8, THE LAND DEVELOPMENT CODE. Mr. Brown requested that this item be tabled to a date certain, the meeting of January 04, 2012. Upon roll call the request passed 3-0. Elio Guerrero - yes Joseph Kelley - yes Calvin Russell - yes V OTHER BUSINESS: STAFF UPDATE There was no other business to be discussed. VI ADJOURNMENT Member Kelley motioned to adjourn and Member Guerrero seconded the motion. Meeting adjourned at 8:04 pm. Planning Council Minutes 12/06/2011 Page 7 of 8 Submitted by Recording Secretary ATTEST: drA Presiding Officer or Administrative Head Chairman-Planning Council Title Planning Council Minutes 12/06/2011 Page 8 of 8 City of Opa-Locka Planning Council STAFF REPORT AND RECOMMENDATIONS ZUMA, LLC (December 16, 2011) Property Owner ZUMA, LLC Applicant ZUMA, LLC Request Request Zoning Change from the I-2 zoning district to I-2A zoning district Location 12950 Alexandria Drive,Opa-locka,Florida 33054(Not confirmed by M-D Property Appraisr) Legal Description The North 160 feet of the South 968.51 feet of Tract 303 of REVISED PLAT OF NILE GARDENS SECTION ONE,according to the Plat thereof as recorded in Plat Book 38,Page(s) 56, of the Public Records of Miami-Dade County,Florida. Parcel identification Number 08-2128-007-0260 Property Size 1.177 AC or 51,280 Sq Ft. (Per M-D Property Appraiser) Zoning Liberal Industrial District-I-2 Existing Land Use Auto salvage business Future Land Use Industrial Designation Comprehensive The subject property is designated for an industrial land use which is Plan Consistency consistent with the 2011 Comprehensive Development Master Plan(CDMP) Note: There is no policy directive on scrap metal, auto salvage,and junk yard facilities in the current 2011 comprehensive development master plan. Other Requirements The Mayor and City Commission must approve this rezoning request. / Approvals Applicable ULDR City Ordinance 86-8 Sections City Ordinance 01-10 City Ordinance 10-03 Setbacks/Yards Required Proposed Front 15ft (public street) 15 feet 7 (interior) 0 feet Rear 7ft(interior)-Where a parcel of land in Abuts residential,therefore a 50 foot this district abuts a residential district, setback is required. Side (North) there shall be a minimum yard provided [LDR 6.11 E(2)(c)] of at least fifty feet. Parking may be This requirement has not been met. provided in this setback area. 7(interior) An asphalt section and a dismantling Side (South) and storage bay, appear to violate the 7-foot setback requirement. Lot Density N/A N/A Lot Size 10,000 sq ft 51,270.12 sq ft(per the site plan) Lot Width N/A N/A Building Height 1 story/20 ft whichever is less The applicant must construct permanent offices. Structure Length N/A N/A Floor Area N/A N/A Vehicular Use Area 50 sq ft of landscaping shall be Provided Landscaping provided for each 10 ft parking stalls. (per the site plan) Landscaping Lot All pervious areas shall be Applicant has provided-616 square Coverage landscaped with grass, trees, ground feet of landscaping, and 12 trees, cover and / or shrubbery with a according to the site plan. Applicant minimum of 10 trees per acre. Trees meets landscape code requirements. shall be not less than 8ft in ht and 3 inches in diameter. Sprinkler systems shall be provided prior to obtaining a certificate of occupancy. Trees shall be planted along the street frontage of the property at intervals not exceeding fifty feet. 50 sq ft of landscaping shall be provided for each 10 parking stalls. Compliance with Tree Preservation The applicant must comply with Tree Preservation Ordinance required pursuant to city Article 7 of City Ordinance No. 86-8 Ordinance ordinance No. 10-03 Open Space N/A N/A Parking Art. 8.1(H)(1) Wrecking /junk yards Provided 5 parking spaces per the shall have one space for each four site plan. Applicant meets parking hundred square feet of building, or code requirements. one parking space for each ten thousand square feet of land area.. Notification This request will be properly noticed pursuant to state law and city charter by Requirements the city clerk's office. Action Required The City Commission must decide either to rezone the property to I-2A zoning district or to approve the use conditionally in accordance with Ordinance 01-10. Staff's recommendation is to approve the use conditionally. (See Attached Ordinance) Project Planner Gerald Lee, City Planner '.♦=W Authorized By Howard W.Brown,Jr.Planning Director 4\117 Approved By Applicant's Request: 1) Zoning change from I-2 (Liberal Industrial) to I-2A (Liberal Industrial) Surrounding Uses: 2) Industrial; Automotive/Truck repair; Manufacturing; etc. oc. „ Existing Land Uses FLUM Designations Zoning Districts North Multi-Family Residential Multi Family(R-3) South Liberal Industrial Industrial Industrial (I-2) East Liberal Industrial Industrial Industrial (I-2) West Liberal Industrial Industrial Industrial (I-2) Parking and Traffic: According to the land development code,wrecking and junk yards shall have one(1) space for each four hundred square feet of building or one parking space for each 10,000 square feet of land area. The auto salvage business use the applicant intends to utilize the property must comply with this standard. A traffic impact statement is a site plan requirement that must be available at City Commission presentation. Adequacy and Neighborhood Compatibility: The subject property is surrounded on three sides by other industrial uses, such as automobile salvage, scrap metal facilities and automotive repair facilities in the subject area. The property to the North of this site has an industrial use, however the property is zoned multifamily. The applicant's proposed use is not permitted in the I-2 zoning district. Therefore, the property owner would have to obtain a conditional use or obtain rezoning to I-2A to legally operate an auto salvage business use. Yard Modifications: (If applicable) N/A Comprehensive Plan Consistency: The current land use is consistent with the 2011 Comprehensive Development Master Plan; however the applicant's proposed use is not allowed in the current zoning district. Staff Determination: The subject property has legal description irregularities that must be reviewed by a land surveyor, engineer, and attorney. It is unclear on which portion of the subject property, the property owner intends to rezone. There are structures, e.g. dismantling bays that do not appear to have appropriate building permits. Additionally, these structures are within the building setbacks and are in violation of the current city code as it relates to the applicant's intended use. There is inadequate landscape and trees per city code of ordinances. Should the applicant be approved, the appropriate variances would need to be obtained from the Zoning Board of Appeals or corrected prior to issuance of a certificate of occupancy or certificate of use at the subject property. Recommendation: Staff recommends denial of the applicant's request to rezone the subject property to the I-2A zoning district. The Planning Council recommended approval of the Applicant's request to rezone the property from I-2 to I-2A. The Planning Council has studied and considered this request pursuant to city ordinance no. 86-8 sections 4.13 Staff Planning Council The proposed change is No contrary to established land use pattern. The proposed change would No create an isolated district unrelated to adjacent and nearby districts. The proposed change would No, however, the alter the population or traffic applicant's site is not patterns and thereby negatively served by public sewer. tax the load on public facilities such as schools, utilities, streets, etc. Proposed district boundaries No would be more illogically drawn in relation to existing boundaries of the property proposed for change. The proposed change would be Yes in conflict with the adopted City Comprehensive Development Plan or portion, or portions thereof, or would require modification of the adopted Comprehensive Development Plan or portion, or portions thereof. Zoning areas allotted make the No passage of the proposed change necessary. The proposed change will No adversely influence living conditions in the neighborhood. The proposed change will No create or excessively increase traffic congestion or otherwise affect public safety. The proposed change will No create a drainage problem. The proposed change will No seriously reduce light and air to adjacent areas. The proposed change will No adversely affect property values in the adjacent areas. The proposed change will be a No deterrent to the improvement or development of adjacent property in accordance with existing regulations. The proposed change will No constitute a grant of special privilege to an individual owner as contrasted with the public welfare. There are no substantial Yes, the applicant's reasons why the property proposed use is only cannot be used in accordance allowed in the I-2A zoning with existing zoning. district. Whether the change suggested No is out of scale with the needs of the neighborhood or the city. It is possible to find other Yes adequate sites in the city for the proposed use in districts already permitting such use. The proposed development No, there are other zoning meets regulations and codes. and development issues that must either be resolved through compliance or appropriate variances.