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13-17 Veleza Truck Enterprises to Rezone
1 s`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. 13-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, TO APPROVE THE REQUEST OF VELEZA TRUCK ENTERPRISES, INC. TO REZONE THE PROPERTY IDENTIFIED BY FOLIO 08-2128-007-0020 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, Veleza Truck Enterprises, Inc., ("Owner), owns property identified as Folio number 08-2128-007-0020 ("Property"); and WHEREAS, on August 17, 2011, Owner submitted an application to rezone the Property from 1-2 to I-2A, in order to conduct certain automobile salvage operations on the Property; and WHEREAS, the request was presented to the Planning Council on September 13, 2011, and the Planning Council recommended approval of the rezoning application; 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 Veleza Truck Enterprises, Inc. to rezone the property identified by Folio 08- Ordinance No. 13-17 2128-007-0020 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 is 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. (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. 13-17 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. RADA LOR MAYOR Attest to: Jo. a Flores C' y Clerk Approved as to form and le,.1 sufficiency: Iii 1 Jo ■ eller G b ' E POON MARDER PA Ci't Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER HOLMES Commission Vote: 4-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: NOT PRESENT THE MIAMI HERALD ( MiamiHerald.com ND SUNDAY,MARCH 17,2013 I 9ND 1. 0 O4 It t JC ML" ,* ui t)t. • NOTICE TO THE PUBLIC PLANNING COUNCIL MEETING NOTICE OF PUBLIC HEARINGS TO CONSIDER TUESDAY,APRIL 2,2013 AN ORDINANCE TO REZONE PROPERTY FROM 1-2 TO I-2A NOTICE IS HEREBY GIVEN that the City of Opa-locka Planning Council will meet on Tuesday,April 2, All residents,property owners and other interested parties are hereby notified that a Public Hearing before 2013,AT CITY HALL,780 Fisherman Street,Second Floor,Opa-locka,Florida,33054 AT 7:00 P.M. the Planning Council,to consider an ordinance as listed below,was held on Tuesday,September 13,2011 L PUBLIC HEARINGS at 7::00 p.m.at Historic City Hall at 777 Sharazad Boulevard,Opa-locka,Florida. 1. APPLICANT NAME: DELTA TRUCKING,INC A meeting of the City Commission for first reading will be held on March 27,2013 and if approved a Public PROPERTY OWNER: MEROD INVESTMENTS,INC Hearing will be held on April 10,2013,at City Hall,780 Fisherman Street,2nd Floor;Opa-locka,Florida, ADDRESS: 12705 NW 30TH AVENUE,OPA-LOCKA,FL 33054 before the City Commission,to consider an ordinance as listed below. LEGAL DESCRIPTION: LOT 16,NILE GARDENS SECTIONS 1 AND II,ACCORDING TO THE AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING THE CRY PLAT THEREOF,AS RECORDED IN PLAT BOOK 31,PAGE 42,OF THE ZONING MAP TO CHANGE THE ZONING OF THE PROPERTY IDENTIFIED BY FOLIO(S)0821280070040; PUBLIC RECORDS OF DADE COUNTY SAID LANDS SITUATE,LYING AND 0821280070020;AND 0821280080010 AND IDENTIFIED BY ADDRESS(S)12949 A&B ALEXANDRIA AND BEING IN DADE COUNTY FLORIDA.WEST 151'OF TRACT 8,NILE DRIVE;13000 PORT SAID ROAD;3391 NW 127 STREET,RESPECTIVELY,FROM 1-2 TO I-2A GARDENS SECTIONS IAND II,ACCORDING TO THE PLAT THEREOF,AS PUBLIC HEARINGS RECORDED IN PLAT BOOK 31,PAGE 42,OF THE PUBLIC RECORDS 1. APPLICANT INFORMATION: OF DADE COUNTY,SAID LANDS SITUATE,LYING AND BEING IN PROPERTY OWNER: JAVIER PEDRE DADE COUNTY FLORIDA.ZONED 1-2(FOLIO 08-2128-004-0180; APPLICANT'S NAME: JAVIER PEDRE 08-2128-004-0070.) PROPERTY ADDRESS: 12949 A&B ALEXANDRIA DRIVE REQUEST: SITE PLAN REVIEW TO BUILD A PERMANENT OFFICE FACILITY. OPA-LOCKA,FL 33054 LEGAL DESCRIPTION: SOUTH 150 FEET OF NORTH 300 FEET OF TRACT 301-A REVISED 2. APPLICANT NAME: CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT PLAT NILE GARDENS SECTION 1, PB 38-56 AND SOUTH Y2 OF 780 FISHERMAN STREET,4TH FLOOR,OPA-LOCKA,FL 33054 TRACT 2 OF PB 41-53 LESS SOUTH 50 FEET THEREOF REQUEST: ANAMENDMENTTOTHECITYORDINANCE86-8(LAND DEVELOPMENT FOLIO NUMBER: 0821280070040 CODE) CONCERNING CHURCHES IN THE I-1 INDUSTRIAL ZONING: 1-2 ZONING DISTRICT. REQUEST: ZONING CHANGE FROM 1-2 TO I-2A 2. 3. APPLICANT NAME: CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT APPLICANT INFORMATION: 780 FISHERMAN STREET,4TH FLOOR,OPA-LOCKA,FL 33054 PROPERTY OWNER: VELEZA TRUCK ENTERPRISES,INC.,EFRAIN ALONSO VELEZ APPLICANT'S NAME: EFRAIN ALONSO VELEZ REQUEST AN AMENDMENT TO THE CITY ORDINANCE 86-8 (LAND 13000 PORT SAID ROAD DEVELOPMENT CODE)CONCERNING CERTIFICATES OF USE IN ALL PROPERTY ADDRESS: OPAL PA-LOCKA,FL 33054 54 NON-RESIDENTIAL ZONING DISTRICTS. LEGAL DESCRIPTION: SOUTH 100 FEET OF NORTH 150 FEET,TRACT 301 A,REVISED PLAT 4. APPLICANT NAME: ECOLOGICAL PAPER RECYCLING,INC. NILE GARDENS,SECTION 1,PB 38-56 LOT SIZE 32234 SQUARE FEET PROPERTY OWNER: ECOLOGICAL PROPERTY HOLDING,LLC OR 18677-360306991 OR 26845-4909 0409-30,4,.74 AC ADDRESS: 2350-2330 NW 149TH STREET OPA-LOCKA,FL 33054 FOLIO# 0821280070020 LEGAL DESCRIPTION: LOT 6,BLOCK 5 OF"OPA-LOCKA INDUSTRIAL PARK'ACCORDING ZONING: 1-2 TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, REQUEST: ZONING CHANGE FROM 1-2 T0l-2A PAGE 73 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, 3. APPLICANT INFORMATION: FLORIDA.TOGETHER WITH; LOTS 4, 5, 6, & 7, BLOCK 1 OF PROPERTY OWNER: JDL UNLIMITED INVESTMENTS,INC.,JESUS D.LOPEZ "COHEN-AGER SUBDMSION"ACCORDING TO THE PLAT THEREOF, APPLICANT'S NAME: JESUS D.LOPEZ AS RECORDED IN PLAT BOOK 86, PAGE 73 OF THE PUBLIC PROPERTY ADDRESS: 3391 NW 127 STREET RECORDS OF MIAMI-DADE COUNTY,FLORIDA.ZONED 1-2(FOLIOS LEGAL DESCRIPTION: A portion of Tract 302-A,SECOND REVISED PLAT OF PORTION OF 08-2122-027-0070;08-2122-027-0060;08-2122-025-0391.) NILE GARDENS SEC 1 according to the Plat thereof as recorded in REQUEST: SITE PLAN REVIEW TO OPERATE A PAPER RECYCLING FACILITY Nat Book 38,Page 56,Public Records of Miami-Dade County,Florida, more particularly described in that warranty deed recorded at official II. OTHER BUSINESS: STAFF UPDATE records book 27455,page 4091. III.ADJOURNMENT FOLIO# 0821280080010 Pursuant to Chapter 286.0105:Anyone who desires to appeal any decision made by any board,agency, ZONING: 1-2 or commission with respect to any matter considered at such meeting or hearing will need a record of the REQUEST: ZONING CHANGE FROM I-2 TO I-2A proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made, Pursuant to Chapter 286.0105,FLORIDA STATUTES:Anyone who desires to appeal any decision made which record includes the testimony and evidence upon which the appeal is to be based. by any board,agency,or commission with respect to any matter considered at such meeting or hearing Joanna Flores,CMC will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal is to City Clerk be based. OP Q per- _-- t O , F %O OA"ORASEO City of Opa-Locka Agenda Cover Memo Commission Meeting March 27, 2013 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (EnterXin box) X X Public Hearing: Yes No Yes No (EnterXin box) x x Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No N/A N/A (EnterXin box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin 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 CI Quality of Education Qual.of Life&City Image CI Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: The City Commission of the City of Opa-locka will consider Veleza Truck Enterprises, Inc.'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 08-2128-007-0020. Staff Summary: On August 17, 2011 Veleza Truck Enterprises, Inc. 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 was presented to the Planning Council on September 13, 2011. The Planning Council 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 Ordinace 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 1-2A 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, September 13, 2011; Planning Council Application Staff Report and Recommendation Site Plan Check List Attorney Price Letters-Amendment to Applications OQp.LOC- T" O� 414k frr.ar2 •r Memorandum TO: Myra L. Taylor, Mayor Joseph L. Kelley, Vice Mayor Timothy Holmes, Commissioner Dorothy Johnson, Commission: r Luis B. Santiago, Commissione FROM: Kelvin L. Baker, Sr., City Manag: DATE: March 19, 2013 RE: The City Commission of the City of Opa-locka will consider Veleza Truck Enterprises, Inc.'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- 2128-007-0020. Request: The City Commission of the City of Opa-locka will consider Veleza Truck Enterprises, Inc.'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- 2128-007-0020. Description: On August 17, 2011 Veleza Truck Enterprises, Inc. 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 September 13, 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 1-2A. 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 1-2A. Staff Recommendation: Staff recommends approval of the Applicant's amended request to rezone the property from 1-2 to 1-2A 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, September 13, 2011; Planning Council Application Staff Report and Recommendation Site Plan Check List Attorney Price Letters-Amendment to Applications Prepared By: Gerald Lee, City Plan Howard Brown, Director Community Development l e•. ment 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 February 26, 2013 VIA E-MAIL Mr. Howard Brown 780 Fisherman Street 4th Floor Opa-Locka, FL 33054 Re: I-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 SrickelI Avenue,Suite 2300,Miami,FL 33131-3456 Tel 305.374.7580 r-ax 305.374.7593 wt^,4v.Gil_ifl con, ' 1-2A 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 3555736.1 79782/4023 6 BILZIN SUMBERG BAENA PRICE & AXELROD LLP 1-2A 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, 6A—Stanley B. Price cc: Kelvin Baker, City Manager Joseph Geller,City Attorney Gerald Lee, City Planner MIAMI 3555736.1 79782/40236 BILZIN SUMBERG BAENA PRICE & AXELROD LLP C4 Bilzin Sumberg A T T O R N E Y S AT 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 Brickel Avenue,Suite 2300,Miami,FL 33131-3456 To 305.374.7580 Fax 305.374.7593 www.bilzin.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 C,4 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, ry Stanle . Price cc: Kelvin Baker, City Manager Joseph Geller, City Attorney Gerald Lee, City Attorney MIAMI 3181591.3 79782/40236 IIC.4 BILZIN SUMBERG BAENA PRICE & AXELROD LLP " THE GREAT CITY " ply LOCK 6;:f fel &,`S'Ois PLANNING COUNCIL APPLICATION APPLICATION NUMBER: I I-o 9'-I30&HECK NUMBER: 318C9 DATE RECEIVED:02117(11 PROPERTY OWNER'S NAME: V C t.E >!A TR.U C K E N T r A. y rt t S t r I PROPERTY OWNER'S ADDRESS: 13°00 VOLT SAlo R.O. OPA-t.ocKA , FL 33"Sy Number/Street City State/Zip Code APPLICANT'S NAME: VELE L..A Tevci E>✓ira ett. rt INC. APPLICANT'S ADDRESS: 130 00 foal. SA-+o ac. • CIA-LotKA , FL 330V-I Number/Street City State/Zip Code PHONE NUMBER: OFFICE (3 o s)695" S 4 44 HOME OTHER SUBJECT PROPERTY ADDRESS: 1a° 1 SAlo 12.0 DPP -LocKA IFL 33oF'I Number/Street TAX FOLIO NUMBER: O9- 212 S-• 00,- OO x 0 PRESENT ZONING: t-2 (Li gtr<A I ZNOVSTt tAt.) LEGAL DESCRIPTION: 28 2.1 52 41 o,y Acait Pe 3g., SID 12Ev AT NILE GAM,c S SJ c ( SJO Fi. OF NIS) Gr. Ti- z A Lo-r Sta.‘ 32 z3ii So.. FT. Oa 1414,-0-36o3 014 E Ott 266'45- 4r70ti 04oq 30 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 Other-Please specify: 2..onI•NI(, to A N‘c .1-2. #o 1-2. A Add any additional information that may be of importance to this request: Page I of 4 PLANNING COUNCIL APPLICATION (Check list) Applications will not be accepted without the following data. For a public bearing,all Items below are necessary and mast be submitted. Completed application form Application fee of$1250.00 payable to the City of Opa-locka by check or money order J Copy of property owner's and/or applicant's driver license/photo I.D. Ni Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized) J 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). JAll preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad format JFifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches) JFifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and J 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 � 9 parcel. Map to be 1"= 100"scale. Owner's name,address,folio number and legal description on each parcel d� (Original and 2 copies size of document to accommodate scale) Narrative concept to be submitted with application 144 AFFIDAVIT I,Vrt.c . / (tut /tat 1311 being first duly sworn,depose and say that I am the OWNER of the property,and I undey;..j tthis y-lication must be complete and accurate before a public hearing can be advertised. Si_.' 01 Z1 Z' t' Date Sworn to and subscribed before me: NANCY R 949323 r�• ISS►�This .17day of v< •"a EXPIRES. pupwcund6 8o16edl woidari �^—� 'u.[�( My commission expires Notary lit / �/ Attach copy 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: NJ 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: 13 0 00 Q oa T SR/n 20. r 0PA -1-01-K4, K L 33o S LI LEGAL DESCRIPTION: 2?-14 5z. 4) 4.14 A t t a i PS a56- 5 to Key f r-*T 11-1' 44i-PC 4,4 SEC 1 S lo' FT Av N t io Fl �2 301 A LoT a6 112.24 3 Q. F7. 02 11h, -34„o3 0`45 1 oR 21.84S- -'4') o'4 30 PROPERTY OWNER'S NAME: V ELI E A Z R J G K EN7{ant l s v s,•r✓t PHONE: (3 ) 4S s-544S ADDRESS(If different): - We,the undersigned,have no objection to petitioner's request to: C H A N 6E rot or, S -t z.OAP I‘) To 1-2A ZoN,N6. NAME ADDRESS EMU OoA-Lotgis TNoollez FRONT: 1. rA a K 1 c . 13 VII 1 i siZ 7 SA 1 o 2 0. 2. )( 0141ft .4.0-C 3. 4. RIGHT: 1. >t p E bite Iti14 Afe ALEXAND21A og. (190 9S3- 41S0 SIDE: 2. 3. 4. CIEATIWr (.14-oice LEFT: 1. eswA a ,t LT. . , sro/a l-t1 26rvre o SIDE: 2. X 'to S r 6 n� 3. 4. REAR: 1. CIT1 OF 00A -LDLKA 13081 ALGA Aw,oit,a f+it. (3s) 3 - 2. ( 141A 3. 4. Page 4 of 4 Veleza Truck Enterprises,Inc. 13000 Port Said Rd. Opa-Locka, FL 33054 Phone: (305)685-5949 July 27,2011 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 13000 Port Said Rd.,Opa-Locka,Miami-Dade County,Florida(Folio No.08-2128-007-0020) To Whom It May Concern, We are currently operating an existing vehicle salvage yard on the above referenced property, located at 13000 Port Said Rd. 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, Efrain Ve ez,President Veleza Truck Enterprises,Inc. 1 / ( ° ,., illi 111 , • co 0 1 ri ■ .■ CO I.G ci MI 1 a) tc\ Cl)_.. ' A I ..', , N ., ,.„ 1 - ,I . Valid only when bearing official machine • .........: endorsement of Cashier below. o -"-..... 1 ,i N *) 2 N- 00 1... i $ * Ill ,. fl I I- 2 , • \...) k.. ,,/ gL• < 0 00 e I-- o o : . < .3 ii As 1:. i ( Q \--' ‘I 'j5 1 V f t >2 iLt, MI it - CI 0 r3 21 Er _ w 4 r■- / CC LI--"*.....„__ .E I ...1" o r_....\,_ ■ (0 NC ,. —J .30••• ..' (..) 2 rs 0 1 " 1 a 4c.. "■..,.. 0 VI i \. NN1 EC_ 71. 0 , .,-., ,.. (.) ru 1 Ne ots t _1 1' CL (t w u. Lu -J _.9 •• 0 0 • .L- 0 , - LI ` 0 - 1 0 ,.. 2.91 ,.c. z . , >.. 0 ,:. ocd, - >- t: Lcici .,s ._- 0 Q_ NO ai —.11 / c-.0 ■, . _..-, 9. 1•"' 6 D 1,_ z (,) -4-- tto \\,_ la, 1 co ... ...,2 1.1 3 cc-a 0 g . rr, . 2 2 '6 c • ,„ 'C. 1 11/Joo ill I 0 ' o , c.) t I I .. D i a 0 . mg. ---, 0 . ,• --„:„ cc _, 0 t 3 G i U. r'il I 0 o I L.1.1cr > /-0 CC <Om ,41 2 (30-0 w .. - '" -. -.- t'...- __,.'" _,, '2,:.,-.*...-..,'7""4' 4"'+ .,„„,*„°■•• .',"' ', " Property Information 1! n Page 1 of 1 My Home Miami-Dade County, Florida MIAMIDADE miamidade.gov Property Information Map s . Summary Details: - ' s. irk vami. , . , ,,A,..,...., , ' Folio No 08-2128-007-0020 Property: Mailing VELEZA TRUCK ENTERP Address: INC P i 13000 PORT SAID RD OPA *�a LOCKA FL •' 33054- r , Prope Information: Primary Zone: 7300 INDUSTRIAL- HEAVY CLUC: 0081 VACANT LAND Beds/Baths: 0/0 t tr Floors: Living Units: 0 Adj Sq Footage: 0 Lot Size: 32,234 SQ FT Year Built: 0 :. - 8-29 52 41 .74 AC PB 8 � , . 38-56 REV PLAT NILE .. Ar."° GARDENS SEC 1 Legal 100FT OF N150FT TR Description: 301 A LOT SIZE 32234 a Q FT OR 18677-3603 �'': 0699 1 OR 26845-4909 � 0409 30 Assessment Information: I ear: 2010 2009 ' Land Value: $273,989 $322,340 0 132 ft Building Value: $0 $0 Aerial Photography-2009 Market Value: $273,989 $322,340 This map was created on 8/17/2011 9:03:33 AM for ssessed Value: $273,989 $322,340 Taxable Value Information: reference purposes only. Year: - 2010 - 2009 Web Site©2002 Miami-Dade County. All rights Applied App Taxing Authority: Exemption/ Exempp ed tion/ Taxable Taxable reserved. Value: Value: Regional: $0/$273,989$0/$322,340 County: $0/$273,989-$0/$322,340 a City: $0/$273,989$0/$322,340 School Board: $0/$273,989$0/$322,340 Sale Information: 'Sale Date: 4/2009 � � Sale Amount: $675,000 __• Sale O/R: 26845-4909 Sales Transaction involving Qualification affiliated parties(family, Description: corporate,business, landlord-tenant). View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 Property Information Map Page 1 of 1 Li2A V _.---- • My Home Miami-Dade County, Florida IIIIIIOIIIIIIIIIIIIIIIIIIIIIIIIIIMI MIAMI-DM Property Information Map 24. ". Summary Details: r Folio No.: 08-2128-007-0210 r Property: 13002 ALEXANDRIA DR Mailing CREATIVE CHOICE HOMES Address: II LTD ,.. i ri 8895 N MILITARY TRAIL '=.- ! -i SUITE 101B PALM BEACH ,: � �� GARDENS FL . - ' S 33410- !: i . . Property Information: "{ 4400 MULTI-FAMILY, Primary Zone: THREE STORY 0003 MULTIFAMILY 3 CLUC: . OR MORE UNITS Beds/Baths: 234/163 1,g.,..... Floors: 3 ... Living Units: 125 f _ Adj Sq Footage: 133,388 - +1 '1 3 " Lot Size: 3.67 ACRES ` ;_ e + - ' Year Built:' 1972 28 29 52 41 3.68 AC M/L `�` y- -- PB 38-5 REV PLAT NILE .-- , - - GARDENS SEC 1 - - _ • ,�. Legal N500FT OF S1568.51 FT Description: TRACT 303 LOT SIZE ' 160240 SO FT OR ► S -.t 15759-1080 1292 2(4) $ , � OR 15759-1080 1292 02 Assessment Information: Year: 2010 2009 Aerial Photography-2009 0 152 ft Land Value: $504,756 $630,368 Building Value: $5,495,24445,994,819 This map was created on 8/17/2011 12:59:26 PM for Market Value: $6,000,00(X$6,625,187 reference purposes only. Assessed Value: $6,000,000$6,625,187 Taxable Value Information: Web Site©2002 Miami-Dade County. All rights Year: - 2010 2009 reserved. Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable Value: Value: dis Regional: $0/ $0/ $6,000,000 $6,625,187 County: $0/ $0/ $6,000,000 $6,625,187 $0/ $0/ J City: $6,000,000 $6,625,187 �.:.: $0/ $0! School Board: $6,000,000 $6,625,187 Sale Information: Sale Date: 12/1992 Sale Amount: $268,700 Sale O/R: 15759-1080 Sales Deeds which include Qualification more than one parcel Description: View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 r Property Information Map Page 1 of 1 My Home Miami-Dade County, Florida MIAMI•DADE miamidade.gov .111111111111111111111111111111111111111 IIIII Property Information Map Summary Details: Folio No.: 08-2128-007-0211 Property: 12960 ALEXANDRIA DR Mailing PAUL E GAITHER Address: PO BOX 72 OPA LOCKA FL 33054-0001 Property Information: Primary Zone: 4400 MULTI-FAMILY, THREE STORY CLUC: 0019 AUTOMOTIVE OR MARINE .�° Beds/Baths: 0/0 M" Floors: 1 Living Units: 0 Adj Sq Footage: 17,856 , Lot Size: 32,048 SQ FT Year Built: 1972 - _ :�� 28 29 52 41 .74 AC MIL PB 38-56 REV PLAT NILE GARDENS SEC 1 ° Legal N100FT OF S1068.51FT Description: TRACT 303 FKA LOTS r'4 61 THRU 64 PB 38-56 4 LOT SIZE 32048 SQ FT OR 13131 0177 1286 1 = , Assessment Information: � � ,, - } Year: 2010 2009 Land Value: $112,168 $150,626 _ . ..:„_ .,, .., ., 1: •,., — _ x Building Value: $418,363 $443,009 Aerial Photography-2009 0 �� 135 ft Market Value: $530,531 $593,635 cAssessed Value: $530,531 $593,635 This map was created on 8/17/2011 12:59:55 PM for Taxable Value Information: reference purposes only. Year: 2010 2009 Applied Applied Web Site ©2002 Miami-Dade County. All rights Taxing Authority: Exemption/ Exemption/ Taxable Taxable reserved. Value: Value: Regional: $0/$530,531$0/$593,635 County: $0/$530,531$0/$593,635 City: $0/$530,531$0/$593,635 Gi School Board: $0/$530,531$0/$593,635 Sale Information: Sale Date: 12/1986 Sale Amount: $278,400 Close SaleO/R: 13131-0177 Sales Qualification Sales which are qualified Description: View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/pnntmap.asp?mapurl... 8/17/2011 n m .fir Property Information Nap Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DADE miamidade.gov 111111111111111.11111111111111111110111 11111 Property Information Map r - "' 9, „I Summary Details: t Folio No.: 08-2128-009-0014 1 „-- s Property: 13235 ALEXANDRIA DR 1� . rv, Mailing JAYRAJ SINDHA TRS t. a VI .P :” Address: ,y= 6468 GARDEN CT WEST `� - ' 1 PALM BEACH FL � _^i ' 33411- ..._.. - ' �1 .. ._ Property Information: ` � 4400 MULTI-FAMILY, • ` Primary Zone: _ THREE STORY 1zi CLUC: 0001 RESIDENTIAL- SINGLE FAMILY Beds Baths: 3 Floors: 11 . _.-� . -° ��: ", Living Units: 1 Adj Sq Footage: 1,147 Lot Size: 10,518 SQ FT Year Built: 1968 28 52 41 .24 AC PB 41- 53 3RD REV PLAT OF —� i NILE GDNS SEC 1 Legal S7OFT OF N200FT OF 1 -- q �' ` s` Description: W150.26FT OF W1/2 OF " ;rc TR 1/AKA S2OFT OF .. ,c l LOT 38&ALL LOT 40 34 , _ LESS W1 OFT BLK 302 1 , .a ---) ---;" or",,':'." 31-42 4 '. PER PB Assessment Information: G 1 � ..'....�.. Year: 2010 2009 Land Value: $36,813 $49,435 Aerial Photography-2009 0 116 ft Building Value: $63,732 $74,532 Market Value: $100,545 $123,967 This map was created on 8/17/2011 1:00:32 PM for iAssessed Value: $100,545 $123,967 reference purposes only. Taxable Value Information: Web Site ©2002 Miami-Dade County. All rights Year: 2010 2009 y g Applied Applied reserved. Exemption/ Exemption/ Taxing Authority: Taxable Taxable Value: Value: Regional: $0/$100,545$0/$123,967 afr County: $0/$100,545$0/$123,967 City: 50/5100,545$0/$123,967 School Board: $0/$100,545$0/$123,967 Sale Information: 0 .y, Sale Date: :11/2009 Sale Amount: $40,000 Sale O/R: 27132-1045 Sales Deeds from financial Qualification institutions Description: View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 Property Information Map Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DADE miamidade.gov Property Information Map . ...... S r ��' Summary Details: Folio No 08-2128-009-0020 far a» Property: 13081 ALEXANDRIA DR °.' Mailing CITY OF OPA LOCKA i Address: f L , ` . 777 SHARAZAD BLVD OPA :.v.•, LOCKA FL l.a > _33054-3521 � Property Information: r 7300INDUSTRIAL- $ is Primary Zone: HEAVY 1 i 0080 VACANT LAND CLUC: GOVERNMENT Beds/Baths: 0/0 4 s, '1,., Floors: 0 s Living Units: 0 • 1 1.r Adj Sq Footage: 0 - - • Lot Size: 52,272 SQ FT Year Built: 0 = „ 28 52 41 1.2 AC PB 41- 53 3RD REV PLAT NILE Legal GARDENS SEC 1 N1/2 N.1 OF TRACT 2 LOT SIZE Description: 52272 SQ FT OR 14754- 4,,.„ 1 •- � 2767 0790 3 OR 00000- 0000 0390 01 Assessment Information: '? Year 2010 2009 P '. Land Value: $444,312 $522,720 9 Building Value: $0 $0 Aerial Photography 2009 0 •• • 133 ft Market Value: $444,312 $522,720 Assessed Value: $444,312 $522,720 This map was created on 8/17/2011 1:01:58 PM for Taxable Value Information: reference purposes only. Year: 2010 2009 Applied Applied Web Site©2002 Miami-Dade 9 Authority:. All rights Taxin : Exemption/ Exemption/ County. g y Taxable Taxable reserved. Value: Value: Regional: $444,312/$0$522,720/$0 County: 5444,312/50$522,72040 City: $444,312/$0$522,720/$0 de School Board: $444,312/$0_$522,720/$0 Sale Information: Sale Date: 3/1990 Sale Amount: $0 Sale O/R: 0000 Sales Sales which are Qualification disqualified as a result of Description: examination of the deed View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 Property Information Map Page 1 of 1 My Home Miami-Dade County, Florida MIAMIDADE miamidade.gov 411111111111 .11111111111111111111. II III Property Information Map 1 ,. '� --,.< , Summary Details: - €' ."a ":: :1;: ' Folio No: 08-2128-003-0324 Property: 12961 ALEXANDRIA DR —m :::"' ,W Mailing EDUARDO R MUIR 8W § 't'*`, Address: MARIELA C� y � :; a� ,�,,_ 13233 SW 206 TERR MIAMI - r FL 33177-5122 Property Information: i 7300 INDUSTRIAL- .. Pnmary Zone: HEAVY I - +� CLUC: 0036 HEAVY IND OR � °,.` LUMBER YARD - Beds/Baths: 0/0 -a.. .,- Floors: 1 Living Units: 0 ' Adj Sq Footage: 1,947 Lot Size: 47,578 SQ FT Year Built: 1975 52 . L GDNS 41 28 SE1 C 09 1 PA BC 31-4NIE 2 Legal LOTS 65 THRU 68 BLK Description: 302 8 SSOFT OF S1/2 � f. s OFTR2OFPB41-53 OR 19239-2971 08002 Assessment rmion:0 Year: 2010 20 - - o- a $404,41at3 $475,9 780 Land BuildinValue: Infog Value: $500 $500 Aerial Photography-2009 0 133 ft Market Value: $404,913 $476,280 Assessed Value: $404,913 $476,280 This map was created on 8/17/2011 1:02:30 PM for Taxable Value Information: reference purposes only. Year: 2010 Zoos Applied Applied Web Site ©2002 Miami-Dade County. All rights Taxing Authority: Exemption/ Exemption/ y g 9 y Taxable Taxable reserved. value: vale: Regional: $0!$404,913$0/$476,280 County: $0/$404,913$0/$476,280 City: $0/$404,913$0/$476,280 School Board: .$0/$404,913$0/$476,280 Sale Information: Sale Date: 9/2005 Sale Amount: $0 Sale OIR: 3882-0733 Sales Sales which are Qualification disqualified as a result of Description: examination of the deed View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 ✓ W .......... Property Information by-lp Page 1 of 1 My Home Miami-Dade County, Florida MIAMI•DADE miamidade.gov t; I { Property Information Map •. -t 5`.:If 7)":".„7.: .7„,'",-t: 'TT .4':17...:I.A.-: r' ,1117 i Summary Details: I w *""' ''-::::"'''''''''1'14-7--'''' Folio No.: 08-2128-003-0322 .'1 ' ' :1 '. - ' ''',.*^i-- ', .. .. I g Property: 12875 ALEXANDRIA DR - , , ! Mailing EDUARDO R MUIR 8W i' 4 , 1-1311, Address: MARIELA C 1v 13233 SW 206 TERR MIAMI FL 33177-5122 R _ Property Information: 7300 INDUSTRIAL- Primary Zone: HEAVY CLUC: 0036 HEAVY IND OR LUMBER YARD Beds/Baths: 0/0 _ Floors: 1 Living Units: 0 � ,, Adj Sq Footage: 390 Lot Size: 48,072 SQ FT '- . -- ,,,, Year Built: 2004 , •= 5 `.., I NILE GDNS SEC 1 PB 31-42 LOTS 69 THRU 74 Legal BLK 302 LOT SIZE - '" Description: IRREGULAR OR 17626- F*' 3077 0497 1 OR 17626- .. 4''t ;.,�.. 1 3077 0497 00 I Assessment Information: . Year: 2010 2009 Land Value: $408,612 $480,720 Building Value: $11,967 $12,505 Aerial Photography-2009 0 133 ft Market Value: $420,579 $493,225 Assessed Value: $420,579 $493,225 This map was created on 8/17/2011 1:03:18 PM for Taxable Value Information: reference purposes only. Year: 2010 2009 Applied Applied Web Site ©2002 Miami-Dade County. All rights Taxing Authority: Exemption/ Exemption! y g 9 Authorit y Taxable Taxable reserved. Value: Value: Regional: $0/$420,579$0/$493,225 County: $0/$420,579$0/$493,225 City: $0/$420,579$0/$493,225 School Board: $0/$420,579$0/$493,225 Sale Information: Sale Date: 4/1997 Sale Amount: $270,000 , f Mr'.; Sale O/R: 17626-3077 Sales Qualification Sales which are qualified Description: View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 Property Information 1\fltp Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DADE miamidad€.gov Property Information Map . I . t f 9 n., i, V.±Jy T. .. i pp ,! dd 3Y lalrgirti"ti'` C. Summary Details: Folio No.: 08-2128-007-0170 Property: 13180 PORT SAID RD Mailing CREATIVE CHOICE HOMES 3 Address: II LTD 8895 N MILITARY TRAIL ∎:A SUITE 101B PALM BEACH GDNS FL . 33410- Property Information: Primary Zone: 4400 MULTI-FAMILY, THREE STORY CLUC: 0013 OFFICE BUILDING Beds/Baths: 0/0 Floors: 1 1 „ Living Units: 0 Adj Sq Footage: 2,357 ° Lot Size: 48,150 SQ FT ° Year Built: 1953 28-29 52 41 1.10 AC PB 38-56 REV PLAT NILE Legal GARDENS SEC 1 Description: S150FT OF TRACT 301:,,,,,*. B A/K/A LOTS 37-42 INC OR 16319-0071 0194 4 OR 16319-0071 0194 01 Assessment Information: ali Year: 2010 2009 III. Land Value: $168,525 $210,464 0 133 ft Building Value: $90,372 $85,511 Aerial Photography-2009 Market Value: $258,897 $295,975 This map was created on 8/17/2011 1:04:35 PM for Assessed Value: $258,897 _$295,975 Taxable Value Information: reference purposes only. Year: 2010 - 2009 Web Site ©2002 Miami-Dade County. All rights Applied Applied Taxing Authority: Exemption/ Exemption/ reserved. Taxable Taxable Value: Value: Regional: $0/$258,897$0/$295,975 County: $0/$258,897$0/$295,975 a) City: $0/$258,897$0/$295,975 School Board: $0/$258,897$0/$295,975 Sale Information: Sale Date: 1/1994 Sale Amount: $0 Sale 0/R: 16319-0071 Sales Sales which are Qualification disqualified as a result of Description: examination of the deed View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 .. Property Information "'tap Page 1 of 1 My Home Miami-Dade County, Florida MIAMI•DADE miamidade.gov Property Information Map Summary Details: it'''' Folio No 08-2128-009-0012 • s?w Property 13122 PORT SAID RD Mailing CREATIVE CHOICE HOMES Address: II LTD , "1, �3 a O 8895 N MILITARY TRAIL ' SUITE 101B PALM BEACH �* Wo1 ,*,•Y� GARDENS FL 33410- - Property Information: Zone: 4400 MULTI-FAMILY, Primary THREE STORY CLUC: 0003 MULTIFAMILY 3 OR MORE UNITS Beds/Baths: 303/161 Floors: 3 * Living Units: 144 Adj Sq Footage: 142,247 - , Lot Size: 3.94 ACRES if Year Built: 1972 28 52 41 3.92 AC 3RD REV PLAT NILE GARDENS SEC 1 TR-1 LESS N200FT OF Ili les'Al‘ i Legal W150.26FT AKA LOTS Description: 43 TO 50 BLK 301& LOTS 33-35-37-39-41- 43-45-47&49&LOTS 42-44-46-48&50 LESS W10 FT Aerial Photography-2009 0 164 ft Assessment Information: Year: 2010 2009 This map was created on 8/17/2011 1:05:54 PM for Land Value: $541,428 $676,167 reference purposes only. Building Value: $5,658,5721$6,235,975 p p y Market Value: $6,200,000$6,912,142 Web Site©2002 Miami-Dade County.All rights Assessed Value: $6,200,00046,912,142 reserved. Taxable Value Information: Year: 2010 2009 Applied Applied Taxing Authority: Exemption/ Exemption/ Taxable Taxable al Value: Value: Regional: $0/ $0/ $6,200,000 $6,912,142 County: $0/ $0/ $6,200,000 $6,912,142 � ,,.., City: $0/ $0/ $6,200,000 $6,912,142 School Board: $0/ $0/ $6,200,000 $6,912,142 Sale Information: Sale Date: 12/1992 Sale Amount: $268,700 Sale O/R: 15759-1080 Sales Deeds which include Qualification more than one parcel Description: View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 Property Information rv'p Page 1 of 1 My Home Miami-Dade County, Florida MIAMI-DADE miamidade.gov Oiiiii Property Information Map nit r . 13■∎ D TER Summary Details: r - Folio No.: 08-2128-007-0040 x« Property: -t Mailing JAVIER PEDRE G ' I -• Address: i /' '� 80 NW 129 AVE MIAMI FL ft �a 33182-1132 w z � ., Property Information: 7300 INDUSTRIAL- ' 0. Primary Zone: HEAVY t CLUC: 0065 PARKINGNACANT �; `� r LOT ENCLOSED x w Beds/Baths: 0/0 " Floors: 0 T —141 Living Units: 0 , Adj Sq Footage: 0 Ir WI.1 Lot Size: 86,893 SQ FT i!,..:., Year Built: 0 28-29 52 41 1.99AC REV PLAT NILE GARDENS "`"''''' t,.r° SEC 1 PB 38-56 S150FT Legal OF N300FT OF TR 301- �- = _ Description: A&S1/2 OF TR 2 OF PB 41-53 LESS S5OFT A; THEREOF I Assessment Information: Year: 2010 2009 Land Value: $738,590 $868,930 Building Value: $20,314 $20,314 ... Y Market Value: $758,904 $889,244 Aerial Photography-2009 0 165 ft Assessed Value: _ $758,904 $882,586 Taxable Value Information: This map was created on 8/17/2011 1:07:51 PM for Year: 2010 2009 reference purposes only. Applied Applied Taxing Authority: Exemption/ Exemption/ Web Site ©2002 Miami-Dade County. All rights Taxable Taxable y g Value: Value: reserved. Regional: $0/$758,904$0/$882,586 County: $0/$758,904$0/$882,586 City: $0/$758,904$0/$882,586 School Board: $0/$758,904$0/$889,244 Iffe Sale Information: Sale Date: 9/2005 Sale Amount: $0 Sale O/R: 23882-0741 Sales Sales which are Qualification disqualified as a result of Description: examination of the deed View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 ... Property Information lr-p Page 1 of 1 , My Home Miami-Dade County, Florida MIAMI-DADE rniarnidade.gov Property Information Map '� , t i w '' a a a- Summary Details: ' y� Folio No.: 08-2128-007-0060 Properly: 12970 PORT SAID RD ;1 z Mailing 12970 PORT SAID RD LLC " ,'!"-74 I` Address: 12970 PORT SAID RD OPA LOCKA FL 33054- 4 i .. ° ,a.4,fir.. Property Information: i. - 7300 INDUSTRIAL- , .�', = '' , Pnmary Zone: HEAVY '447:::"" ' . CLUC: ,.-. 0032 LIGHT MFG 8 • FOOD PROCESSING Beds/Baths: 0/0 -- `err Floors: 1 „`fi Living Units: 0 Adj Sq Footage: 18,627 Lot Size: 16,117 SQ FT ., Year Built: 1968 - - 29-28 52 41.37 AC PB • 38-56 REV PLAT NILE °. ,. GARDENS SEC 1 S5OFT Legal OF N350FT TRACT 301 ° Description: A LOT SIZE 16117 „. ,- ---- .a:..'t� SQUARE FEET OR r#fir 12743-3032 1085 2 OR i , [ ,26994-2770 0809 11 t ,a Assessment Information: .. Year: 2010 2009 .1' iY "" - _�i, ' - --. 1.-3- Land Value: $241,755 $246,590 Building Value: $525,277 $498,584 Aerial Photography-2009 0 132 ft Market Value: $767,032 $745,174 This map was created on 8/17/2011 1:08:18 PM for Assessed Value: $767,032 $745,174 reference purposes only. Taxable Value Information: p P y. Year: 2010 2009 Web Site©2002 Miami-Dade County. All rights Applied Applied reserved. Taxing Authority: Exemption! Exemption) Taxable Taxable Value: Value: Regional: $0/$767,032$0/$745,174 County: $0/$767,032$0/$745,174 6 City: $0/$767,032$0/$745,174 School Board: $0/$767,032_$0/$745,174 Sale Information: Sale Date: 8/2009 Close Sale Amount: ,$100 Sale O/R: 26994-2770 Corrective deed,quit claim deed,or tax deed; Deed bearing Florida Documentary Stamp at the minimum rate Sales prescribed under Chapter Qualification 201,F.S.;Transfer of Description: ownership where no doc stamps were paid;or, Transfer of ownership by other than a deed such as a final judgement or court order. View Additional Sales http://gisims2.co.miami-dade.fl.us/myhome/printmap.asp?mapurl... 8/17/2011 MINUTES SPECIAL PLANNING COUNCIL MEETING TUESDAY, SEPTEMBER 13, 2011 I ROLL CALL—Chairman Calvin Russell called the meeting to order at 7:05 pm. Present were members Ella Cobbs, new member Joseph L. Kelley, and Vice Chairman Alvin Burke. Elio Guerrero was absent. Also present were City Attorney Michael Rodriguez, Community Development Director Howard W. Brown, City Planner Gerald J. Lee, and Executive/Recording Secretary Oria E.Rodriguez. II INVOCATION AND PLEDGE OF ALLEGIANCE - The Pledge was said in unison and Member Kelley said the invocation. III APPROVAL OF MINUTES—JULY 12,2011 Vice Chairman Burke motioned approval of the minutes and Member Kelley seconded he motion with any changes that need to be made. Upon roll call the motion passed4-0 Ella Cobbs—yes Joseph Kelley-yes Alvin Burke—yes Calvin Russell—yes IV. PUBLIC HEARINGS 1. APPLICANT INFORMATION: PROPERTY OWNER: ALL JAPANESE ENGINES ADDRESS: 14310 LAKE CHILDS COURT MIAMI LAKES,FL 33014 APPLICANT'S NAME: CHARLIE NUNEZ PROPERTY ADDRESS: 2300 NW 150 STREET OPA-LOCKA,FL 33054 LEGAL DESCRIPTION: E 192 .65 FEET OF LOT 1, BLOCK 2 PER W/P #23000,PB77-73, LOT SIZE 33581 SQ FEET FOLIO NUMBER: 0821220250110 ZONING: I-2 REQUEST: ZONING CHANGE FROM I-2 TO I-2A Minutes-SpecialPlanningCouncilMeeting September 13,2011 Page 1 of 5 Mr. Charlie Nunez came before the Council to request a zoning change for his property from I-2 to I-2A. He informed that he has been in business at 2300 NW 150 Street since 1989 when he was approved by pr3evious Community Development Director AI Tate. He has been operating the same type of business of auto salvage, storage, and metal recycling ever since. The reason he came to request a zoning change was because he had just been informed that the type of business he is operating is not permitted in his zone which is I-2,but only in I-2A. Mr. Lee explained that the I-2A zone is where all the junkyards and recycling businesses are located and permitted; south of NW 135 Street on Cairo Lane and west of Alexandria Drive. Mr. Nunez said he wants to do only what is right but he owns this property and has put much money into it and the area around it. It would be difficult for him to move to the proper I-2A zoning area. He informed that he has been very loyal to the City of Opa-locka throughout the years, participating in many events and making donations to many causes, and is therefore requesting some consideration. Chairman Russell commented the problem is once a door is opened for one person, and if not opened to others,the Council may be accused of being bias; that would not be fair. Member Kelley addressed the issue of grandfathered. Attorney Rodriguez said they could become a legal nonconforming use in which they will not be able to expand, or if they have a disaster they will not be able to remain as nonconforming. However, if the zoning is changed they will be allowed to expand, repair damages, and to move within the same zoning district. Member Kelley then mentioned that it would be unfair to not approve Mr. Nunez considering he has been there for such a long time; and staff should make recommendations to the commission and discuss it with them. A public hearing was opened, and no one came forward to oppose or favor the case. When the public hearing closed a motion to approve the zoning change from I-2 to I-2A was made by Vice Chairman Burke and seconded by Member Kelley. Upon roll call the motion passed 4-0. Ella Cobbs—yes Joseph Kelley-yes Alvin Burke—yes Calvin Russell—yes Before the other cases were heard, Chairman Russell questioned whether they could all be combined and heard at the same time since they also were requesting the same zoning change. Attorney Rodriguez said they are public hearings and should be heard individually. 2. APPLICANT INFORMATION: PROPERTY OWNER: JAVIER PEDRE ADDRESS: 80 NW 129 AVENUE MIAMI,FL 33182 APPLICANT'S NAME: JAVIER PEDRE PROPERTY ADDRESS: 12949 A&B ALEXANDRIA DRIVE OPA-LOCKA,FL 33054 LEGAL DESCRIPTION: SOUTH 150 FEET OF TRACT 301-A AND SOUTH�/2 OF TRACT 2 OF PB 41-53 LESS SOUTH 50 FEET Minutes-SpeeialPlanningCouncilMeeting September 13,2011 Page 2 of 5 THEREOF, REVISED PLAT NILE GARDENS SECTION 1,PB 38-56 FOLIO NUMBER: 0821280070040 ZONING: I-2 REQUEST: ZONING CHANGE FROM 1-2 TO I-2A Mr.Javier Pedre came before the Council to request a zoning change from 1-2 to I-2A for the same reason that the previous applicant came. His property is at 12949 A&B Alexandria Drive and he said he has been operating for 7 years. Mr. Eddie Rodriguez, of Branif Engineering, 3641 NW 46 Street, Miami, FL 33142, came before the Council representing Javier Pedre and the next two applicants. He explained that Pedre and all the other applicants have the same problem as Mr. Nuftez. They want to legalize their businesses in order to never again run into any problems and to move forward. Although the new owners have been in existence for only a few years the previous owners were there for over 20 years, and the uses have been consistent. Mr. Rodriguez also mentioned that the businesses in the area have worked very hard, and even provided their own funds to repair some of the streets that have been an eyesore for many years,and they are willing to continue cooperating. A public hearing was opened by Chairman Russell but no one came forward in favor or against the case. When the public hearing was closed Vice Chairman Burke made a motion to approve the zoning change from I-2 to I-2A and Member Cobbs seconded the motion. Upon roll call the motion passed 4-0 Ella Cobbs—yes Joseph Kelley-yes Alvin Burke—yes Calvin Russell—yes 3. APPLICANT INFORMATION: PROPERTY OWNER: VELEZA TRUCK ENTERPRISES, INC. ADDRESS: 9114 NW 144 TERRACE MIAMI LAKES,FL 33018 APPLICANT'S NAME: EFRAIN ALONSO VELEZ PROPERTY ADDRESS: 13000 PORT SAID ROAD OPA-LOCKA,FL 33054 LEGAL DESCRIPTION: SOUTH 100 FEET OF NORTH 150 FEET,TRACT 301 A, LOT SIZE 32234 SQUARE FEET OR 18677- 36030699 1 OR 26845-4909 0409-30, 41.74 AC, REVISED PLAT NILE GARDENS, SECTION 1, PB 38-56 FOLIO# 0821280070020 ZONING: I-2 Minutes-SpecialPlanningCouncilMeeting September 13,2011 Page 3 of 5 REQUEST: ZONING CHANGE FROM I-2 TO I-2A Mr. Efrain Alonso Velez and his representative Eddie Rodriguez came before the Council to request the zoning change for Velez's property from I-2 to I-2A for the same reasons as the above applicants. Chairman Russell opened the public hearing and no one came forward in favor or against applicant's request. The public hearing was closed. Member Kelley made a motion to approve the zoning change from 1-2 to I-2A and Vice Chairman Burke seconded the motion. Upon roll call the motion passed 4-0 Ella Cobbs—yes Joseph Kelley-yes Alvin Burke—yes Calvin Russell—yes 4. APPLICANT INFORMATION: PROPERTY OWNER: JDL UNLIMITED INVESTMENTS ADDRESS: 3300 NW 127 STREET OPA-LOCKA,FL 33054 APPLICANT'S NAME: JESUS D.LOPEZ PROPERTY ADDRESS: 3391 NW 128 STREET(PROPOSED ADDRESS) LEGAL DESCRITION: 2nd REVISED PLAT, NILE GARDENS SECTION 1, TRACT 302 A LESS COMMENCING NE CORNER OF LOT 15, BLOCK 304 OF PB 31-42 TH N 03 DEGREE WEST, 15 FEET NORTH, 03 DEGREE WEST, 15 FEET NORTH, 86 DEGREE EAST, 335.49 FEET NORTHEASTERLY AD 15 FEET FOR POB TH NORTH 03 DEGREE FOLIO# 0821280080010 ZONING: 1-2 REQUEST: ZONING CHANGE FROM I-2 TO I-2A Jesus D.Lopez and his representative Eddie Rodriguez came before the Council to request the zoning change for his property from I-2 to I-2A for the same reasons as the above applicants. Chairman Russell opened the public hearing and no one came forward in favor or against the applicant's request. The public hearing was closed. Member Cobbs made a motion to approve the zoning change from I-2 to I-2A and Vice Chairman Burke seconded the motion. Upon roll call the motion passed 4-0 Ella Cobbs—yes Joseph Kelley-yes Alvin Burke—yes Calvin Russell—yes Minutes-SpecialPlanningCouncilMeeting September 13,2011 Page 4 of 5 V. OTHER BUSINESS—STAFF UPDATE Board Secretary Mrs.Rodriguez informed the Council that she is organizing an Ethics Training for the Planning Council and the Zoning Board of Appeals. She got in contact with the Ethics Commission and was asked to suggest three (3) dates for him and he would pick the one that is more convenient for him to give the training. She asked the Council members to give some days and most agreed they will be available any day. Planning Director Mr. Brown also mentioned to the Council that he is organizing a workshop for them to discuss new requests for amendments to the Land Development Code 86-8. VI. ADJOURNMENT With no further business to be discussed the meeting adjourned at 8:05 p.m. Submitted by Oria E.Rodriguez Executive and Board Secretary NOTE: The above is only a summary of the meeting because the recording device did not function. ATTEST: /J , Presiding Officer,Administrative Hea d,Designee Planning Council Chairperson/Vice-Chairperson Title Minutes-SpecialPlanningCouncilMeeting September 13,2011 Page 5 of 5 City of Opa-Locka Planning Council STAFF REPORT AND RECOMMENDATIONS Veleza Truck Enterprises, Inc (December 16, 2011) Property Owner Veleza Truck Enterprises, Inc Applicant Veleza Truck Enterprises, Inc Request Request Zoning Change from I-2 zoning district to I-2A zoning district Location 13000 Port Said Road, Opa-locka,Florida 33054 (Not confirmed by M-D Property Appraiser) Legal Description The South 100 feet of the North 150 of Tract 301-A, of Revised Plat of NILE GARDENS, SECTION ONE, according to the Plat thereof, as recorded in Plat Book 38,AT Page 56, of the Public Records of Miami-Dade County, Florida. A/K/A Lots 53 through 56, in block 301, of NILE GARDENS SECTION ONE AND TWO, according to the Plat thereof recorded in Plat Book 31, at Page 42, of the Public records of Miami-Dade County,Florida. Said land lying wholly within the NW '/a of Section 28, Twn. 52 S., Range 41 E.,Miami-Dade County,Florida. Parcel identification Number 08-2128-007-0020 Property Size .74 Acres or 32,234 Sq Ft. (Per M-D Property Appraiser) Zoning I-2 (Liberal Industrial District) 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 LDC City Ordinance No 86-8 Sections City Ordinance No. 01-10 City Ordinance No. 10-03 Setbacks/Yards Required, Proposed 20feet 15 feet 0 feet 0 feet Rear 0 feet (Interior) 7 feet 0 feet(Interior) 0 feet Side(North) Side (South) Lot Density N/A N/A Lot Size 20,000 sq ft 32,234 sq ft Lot Width N/A _ N/A Building Height 1 story/20 ft whichever is least 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 parking stalls. (per the site plan) Landscaping Lot All pervious areas shall be Applicant has provided 686 square Coverage landscaped with grass, trees, ground feet of landscaping and 8 trees, cover and / or shrubbery with a according to the site plan. minimum of 10 trees per acre. Trees shall be not less than 8ft in ht and 3 '/2 inches in diameter. Sprinlder 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. Tree Preservation Compliance with Tree Preservation The applicant must comply with Ordinance Ordinance required pursuant to city Article 7 of City Ordinance NO. 86-8. ordinance no. 10-03 Open Space N/A N/A Parking Single Occupant- (A)1 parking space Provided 4 parking spaces per the / 1000 sq ft of gross floor area up to site plan. 10,000 sq ft. Then 1 space for each 10,000 sq ft of gross floor area. OR (B)Two parking spaces for each five thousand sq ft of lot area or one space for each two employees shall be provided OR Art. 8.l(H)(1) Wrecking/junk yards shall have one space for each four hundred square feet of building, or 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 to either 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 i Authorized By Howard W. Brown, Jr. Planning Director X��1rJI 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. Existing Land Uses CLUP Zoning Districts Designations North Residential Access road Industrial Industrial (I-2) South Auto Salvage Junk Yard Industrial Industrial (I-2) East Auto Repair/Industrial Industrial Industrial (I-2) Warehouses West Retention pond. 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(1)parking space for each 10,000 square feet of land area. The auto salvage business use the applicant intends to utilize the property for must comply with this standard. A traffic impact statement is a site plan requirement once rezoning of the subject property occurs. Adequacy and Neighborhood Compatibility: The subject property is surrounded by other industrial uses, such as automobile salvage, scrap metal facilities and automotive repair facilities in the subject area. 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 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/Recommendation: 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 eg. 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. Should the applicant be approved, the appropriate setback variances would need to be obtained from the Zoning Board of Appeals or achieved prior to issuance of a certificate of occupancy or 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 has studied and considered this rezoning request pursuant to city ordinance no. 86-8 sections 4.13 (B) (5) (6) 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 alter the population or traffic patterns and thereby negatively 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, this use is allowed reasons why the property only in the I-2A Dist. cannot be used in accordance with existing zoning. 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, variances are need. meets regulations and codes.