HomeMy Public PortalAbout15-18 AMEDING THE COMPREHENSIVE MASTER PLAN IDENTIFIED BY FOLIR 08-2129-018-0010 1st Reading: June 24, 2015
2"d Reading: July 22, 2015
Public Hearing: July 22, 2015
Adopted: July 22, 2015
Effective Date: July 22, 2015
Sponsored by: City Manager
ORDINANCE NO. 15-18
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA AMENDING THE COMPREHENSIVE
DEVELOPMENT MASTER PLAN (CDMP) OF THE CITY OF OPA-
LOCKA, FLORIDA, TO CHANGE THE LAND USE OF THE PROPERTY
IDENTIFIED BY FOLIO 08-2129-018-0010, FROM UTILITY TO
INDUSTRIAL; THE PROPERTY IS LEGALLY DESCRIBED BELOW;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS,the owner of the below described property, FRANMAR PROPERTIES OF SOUTH, LLC,
desires to have the land use for the property legally described herein changed in order to operate a
charter bus transportation company at this site to include an office facility, employee and bus parking
and a bus maintenance facility; and
WHEREAS, City Staff has no objection to the land use change of the herein described property;
and
WHEREAS, the Planning Council of the City of Opa-locka has recommended amending
Comprehensive Development Master Plan to change the land use designation of the property legally
described above from Utility to Industrial; and
WHEREAS, the Planning Council's recommendation is in agreement with the Comprehensive
Master Plan as there are multiple land use categories proximal to the aforementioned property, some of
which are industrial uses; and
WHEREAS, the City would amend the Comprehensive Development Master Plan to change the
land use from utility to industrial, however the property owner desired to complete this change based
on their development schedule to begin their operation at this site expeditiously.
NOW,THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA,AS FOLLOWS:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. That the Land Development Regulation Code,Zoning Ordinance 86-8, is hereby
amended, insofar as the real property described as:
Ordinance No. 15-18
LEGAL DESCRIPTION
10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28 TH 5 87 DEG
W 25FT N 01 DEG W 1198.27FT SELY AD 135.88FT S 01 DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT
FAU 30 2129 018 0010 OR 22784-2048 1004 2 Said land lying and being in Opa-locka, Florida.
Parcel Identification Number:08-2129-018-0010
Is concerned,to change the land use category of the described real property from Utility to Industrial.
Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance
is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed a separate, district and independent provision and such holding shall not affect the
validity of the remaining portions of this Ordinance.
Section 5. This Ordinance shall, upon adoption, become effective as specified by the City of
Opa-locka Code of Ordinance and the City of Opa-locka Charter.
PASSED AND ADOPTED this 22nd day of July, 2015.
YRAT OR
AYOR
Attest to:
&
Joanla Flores
City lerk
Approved as to form and legal sufficiency:
Vincent Brown
City Attorney
Moved by: COMMISSIONER SANTIAGO
Seconded by: COMMISSIONER PINDER
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
MIAMI HERALD I MiamiHerald.com ND SUNDAY,JULY 12,2015 I 7ND
MIAMI LAKES
New app helps residents eft ,> r
stay in touch with officials CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC
BY PARADISE AFSHAR tion and are delivered di- Residents are also able to NOTICE IS IIEREB\GIVEN EN thai the(ny c (I ( r I op I k I loridd%ill 1 I 1 pithIn heannu
Special to the Miami Herald rectly to town officials. interact with town officials R td (01111I11,11.NIcenne, Wednemity,Inly 22,201, t all n1 in the A n d,n I \111,1p.
Miami Lakes residents Residents are able to and have access to town ""'a`I I)araeF of`` .n"r.1 m oh;,I,,,k,I I FI I,r,n>I r nl,nun n
can now use their smart- check on the status of their documents via the app. SECOND READING ORDINANCES/PUBLIC HEARING;
phones to report code viola- concerns through the app. Councilman Tony Lama AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-L(X'KA,FLORIDA,ADOPTING AND
tions,keep up to date with "It's another way we can said the app is important to APPROVING UPDATED ADMINISTRATIVE POLICIES;PROVIDING FOR INCORPORATION OF REC'1'IALS:
town events and even find a inform residents about him as a government official PROVIDING FOR SEVERABILITN;PROVIDING FOR CONFLICT AND REPFAI.ER;PROVIDING FOR AN
local place to eat dinner, what's going on in the because he"ran on a plat- EFFECTIVE DATE(first reading held on May 13.2015).
thanks to the town's newly town,"said Nicole Singleta- form of transparency,and AN ORDINANCE OF THE('ITV COMMISSION OF TIIE CITY OF OPA-LOCK 4.FLORIDA.TO CONSIDER
launched app,Lakes Life. ry,Miami Lakes'director of better communication." ADOPTING THE(ITV OF OPA-LOG KA HUD COMMUNITY GRANT-BASED ANIENONICN TS TO THE
VI
The application,which communications and eco- The Lakes Life app was COM1IPREH E.\SINE DF,V`F.LOPM1fENT MASTER PLAN ANU TO THF.FAIT LIRE LANDISF. AP.AI.SO KNOW T
AS THE St:STAINABLE OPA-LOCKA 20!30 COMPREHEN'SIV'E PLAN.AND AI'THORIZING TR ANSMIT1 AI.
was launched over the Inde- nomic development."It al- made by the company Pub- OF THESE ANIENDMENI'S TO THE FLORIDA DEPARTMENT OF ECONOMIC'OPPORTLNI T).'AND 10
pendence Day weekend,can lows for an efficient and ef- lic Stuff at a cost of$9,000 OTHER REVIEW AGENCIES(first reading held on May 27,2015).
be downloaded for free in festive way for us to know per year to the town which AN ORDINANCE OF THE CITY COMMISSION OF THF:CITY OF OPA-LOCK A,FLORIDA.AMENDING
the Apple Mines App Store what to improve." includes services such as ORDINANCENO.04-09 PROVIDING FOR PAYMENT OF THE IMPACT ON LAND DEN F1.OPVIENTIN THE(ITN
and in the Google Play In addition to filing re- tech support and software OF OPA-LOCKA FOR PROVIDING ROAD DRAINAGE AND RELATED FAC'ILIT'IES NECESSITATED BY Sl('II
Store. quests with the town,the updates. NEW DEVELOPMENT;PROVIDING FOR CONFLICT AND REPEALER:PROVIDING FOR SE)ERABII.ITN
Lakes Life app users can Lakes Life app allows users For more information
AND(ODIF1fATION;PRON.IDING FOR AN EFFECTIVE DATE.(O xt reading held an 0606/24/20151 015
take advantage of features to stay up to date on town about the Lakes Life mobile AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCK A,FLORIDA.AMENDING
such as reporting broken events,track the Miami app, visit LakesLife ORDINANCE 04-10 PROVIDING F'OR PAYh1 ENT OF AN IMPACT ON LAND DEVELOPVVE N'L IN TIIE I ITN'
OF OPA-I,OCKA FOR PUBLIC'SAF'F FY NECESSITATED BY SUCH NE\1'DFVF.LAPMENT:PROVIDING FOR
traffic lights,potholes and Lakes Moover bus in real- Mobile.com or contact the CONFLICT AND REPEALER;PROVIDING FOR SEVER,ABILITY AND CODIFICATION;PROVIDING FOR AN
noise disturbances. Re- time,and post information town's communications de- EFFECTIVE DATE(first reading held on 0604/20151
quests can be submitted on lost and found pets, partment at 305-364-6100. AN ORDINANCE OF THE(ION COMMISSION OF THE('IT', OF OPA-LOCK A,FLORIDA.,AMENDING
with a photo and GPS Inca- among other features. ORDINANCE 04-I1 PROVIDING FOR PAYMENT OF AN IMPACT ON LAND DEN El OPMENT IN THE(ITN
OF OP.A-I.00KA FOR PROVIDING NEW PARKS AND RELATED FACILITIES NECESSITATED BV'SUCH NEW
i("a/o) DEVELOPMENT';PROVIDING FOR CONFLICT AND REPEALER;PRO%IDIN(:FOR SE N'ERABIIIT'N'AND
1.',-a ' .,4..)po F CODIFICATION;PRO%(DING FOR AN EFFECTIVE DATE(first reading held on 06/241 211151.
w 1, AN ORDINANCN.OF THE.(ITN'OF OPA-LOCKA,FLORIDA RELATING TO VHF.RF.GI LATION OF THE
411,111,,,, ISE AND DEVELOPMENT OF LAND IN THE INCORPORATED AREAS OF THE C'115 OE OPA-LO('KA,
x „�"�r)^'.4 1 ,C,• FLORIDA,IMPOSING AN IMPACT FEE ON LAND DEN'ELOPMFNT IN THE(I1'1'OF OPA I(1(KA FOR
lyi N,1:111'f NEVN`DEVELOPMENT;STArINC THE ALTHORITY FOR ADOPTION IOF THE ORDINANCE,PROVIDING
DEFINITIONS;PROVIDING FINDINGS AND DECLARATIONS OF THE(:ITN'COMMISSION;PROVIDING
neighbors neighbors FOR THE PAN NIENT ANDTIME OF PAYMENT OF A WATER AND SEWER IMPACT FEE;PROS IDINC FOR
9(0.,�...,.... _.,,,...1 REVIEW OF WATER AND SEWER IMPACT FEES AND THE FEE SCHEDULES;PROVIDING FOR THE
ESTABLISHMENT OF WATER AND SEWER IMPACT FEE DISTRICTS;PROS!DISC FOR TH F.PLA(-151F.N'F
LOOK BEFORE YOU LOCK OF REVENUE COLLECTED FROM WATER AND SEWER IMPACT FEES INTO IMP1(7 FEE TRUST FUNDS
There is no doubt that summer is here and our South Floods heat can be a killer! ESTABLISHED FOR THAT PURPOSE; PROVIDING FOR EXEMPTIONS AND CREDITS; PROVIDING
FOR REFUND OF'UNEXPENDED FUNDS;PROVIDING FOR USE OF FUNDS DERIVED FROM WAFER
Be sure to remove your children and pets before leaving your car.You'll find many AND SEWER IMPACT FEES;PROVIDING THAT WATER AND SEWER IM1IPA('1 FEES MAN'BE PLEDGED
simmer safety tips on our website. TOWARD PSI M1IENT OF BOND ISSUES AND SIMILAR DEBT INS11RI'MENTS;PROVIDING,FOR PENAII'LES
FOR VIOLATION OF THIS ORDINANCE;CONTAINING A RFPE,VI.FR PROVISION,SEN'ERA BII.ITS
CLAIISE AND PROVIDING FOR AN EFFE('.TIV'E DATE(first reading held an 06/24720151.
BM 8 LOCAL HEROES
Speaking of summer,it's time to have a BOG and celebrate Neighbors 4 Neighbors AN ORDINANCE.OF THE CITY COMMISSION OF THE(ITV OF OPA-LOCK A,FLORIDA..ANIENDING THE
COVIPREHENSIV'E DEVELOPMENT MASTER PLAN(CDMP)OF THE('1'1Y OF OPA-LOC'KA,FLORIDA,TO
23rd anniversary at Bahia Cabana,July 25,7pm.Were honoring 6 community CHANGE THE LAND USE OF THE PROPERTY IDENTIFIED BY FOLIO 01I-2129-010L00l0,FROM I TILIT Y TO
heroes:Rene Lopez-Cantera,Charlie Caulldns,Danet Linares,Chad Moss, INDI:STRIAE;THE PROPERTY IS LEGALLY'DESCRIBED BELOW;PROVIDING FOR IN(ORP(IR:ATION OF
John Scnicarielb,and Balne Vasquez.TIckets are$35 and include a RECITALS; RO%!DNGF.FOR NFLICeldNn0R EPEALER;PROS IWING FOR SEYERABII.ITY';PRO%IDINC
complimentary cocktail hour and BBO dimer.Visit our website to purchase tickets.
AN ORDINANCE OF T11E('ITS COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,Al TIIORII.INC;
THE CITY MANAGER TO EXEC('TE 4 TERM SHEET TO RE(EIV'E A REVOLVING LINE OF CREDIT W'I'EH
SCHOOL READY ('ITS NA'EIONAL BANK TO PROVIDE TEMPORARY BRIDGE FINANCING FOR 1'11 E(IIS',ONGOING AND
Students will soon be rebrnirg to school. Many in our community live in shelters FUTURE DRINK WATER.SEWER WATER AND WASTEWATER IMPROVEMENT PROJECTS;PROVIDING
and migrant lamps.Your donation of$35.00 will provide a backpack with supplies, FOR SE',ER ABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(lust reading held on
July 8,20151.
books and uniforms. Donate through our website.
Add,I.,,i 0/rman,r0 00 the oho.e items ma,be ohlamed In the(/1'1,e tit'the fill('!elk_17011 NV,10.'Sireel.11I4.li.
Op.,-hxLa.ITorIJIr All intrn:sled per,or:are en.n,raped to snood Ihls n,eenn1 and Hill he hood nigh re.peel ni Ih.pohlfc
I !
Call Neighbors 4 Neighbors at 305.597.4404
visit www.neighbors4neighbors.org or watch wand in for more. Pt RSU ANT TO FS 206.0105:( n h. 1l t 0,lb, l Ir c eNc rer r ,n o ontrnl,Nre'II 0 rrir
rev,r in am mark e,n rl ed m,rnh mr or,1, Wu ring d!net d u,r, ,l of run pr <dm:, 1r,that
A Community Service of€)trlHimniltealb.il'In partnership with CBS4 ,ol 0 en,rirl mr„n„-rd<nm,„•„arl,n rho p,n,<rdh1/7 11 mark vklah r,-r or rarrnnl,(ilk're,rroo:and oe,lent,rgr,or,
,,N,h the rqy„n1 oral 10 NI,el
Hr1Blcm\X'110011 a Children's
,o.
Services
o o•• JOANNA FLORES,(.M(
C'ITV'CLERK
OP.LOCk
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City of Opa-Locka
Agenda Cover Memo
Commission Item Type: Resolution Ordinance Other
Meeting Date: June 24, 2015 (EnterX in X
box)
Ordinance Reading: 1st 2nd Reading
Yes No (Enter X in box) Reading
Fiscal Impact: X
(EnterX in box) Public Hearing: Yes No Yes No
X (Enter X in box) X X
Funding Source: (Enter Fund& Dept) Advertising Requirement: Yes No
N/A N/A (Enter X in box) X
Contract/P.O. Yes No
Required: X RFP/RFQ/Bid #: N/A
(Enter X in box)
Yes No Strategic Plan Priority Area Strategic Plan
Obj./Strategy:
Strategic Plan Enhance Organizational El
Bus. & Economic Dev • N/A
Related
(Enter X in box) X Public Safety El
Quality of Education 0
Qual. of Life & City Image•
Communication 0
Sponsor Name City Manager Department: Community Development
Short Title:
COMPREHENSIVE PLAN AMENDMENT(SMALL SCALE)APPROVAL REQUEST TO CHANGE THE LAND USE FROM
UTILITY TO INDUSTRIAL OF THE PROPERTY DESCRIBED BY ITS LEGAL DESCRIPTION SPECIFICALLY FOLIO NO. 08-
2129-018-0010 AS FOLLOW: 10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28
TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD 135.88FT S01 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT
FAU 30 2129 018 0010 OR 22784-20481004 2
Staff Summary:
The applicant requested information concerning the permitted uses for this site within the City's Municipal Boundary.
Staff provided documents pertaining to permitted uses as well as other documents underlining other additional
requirements specifically for the 1-2 zoning district and dates for the proposed new development for application
1
purposes. The applicant then informed staff, that they planned to utilize the property as their central base of operations
for South Florida.The applicant's proposed use of the subject property will consist of a 6,000 square feet office building,
employee parking, a 12,400 square feet bus garage/maintenance building and 150 open parking spaces for their buses.
During the month of March, 2015, staff met with the applicant's Attorney and Architecture team and reviewed the
proposed project and determined a small scale Comprehensive Plan land use amendment is required. According to the
Comprehensive Plan the current land use is utility and in order for the proposed use to be consistent with the land use
designation of the Comprehensive Plan, and changing the land use from utility to industrial will make the proposed use
consistent with the comprehensive plan Future Land Use Map (FLUM). According to the Comprehensive Plan any land
designated utility is very limited and doesn't adequately addressed or allow for today's needs for development
proposals as well as future potential uses. In order to make our lands more appealing and marketable for development
purposes. The Planning and Community Development Department has analyzed closely various development needs
assessment in comparison to the currently defined uses within the utility designated lands. Our findings indicate the
Utility land use designated section of the City's Comprehensive Plan does not specifically address or flexible to uses
that are prominent to developments occurring within today's market or future needs as appropriate. The following are
specific criteria pursuant to Florida state statute regarding Comprehensive Plan small scale amendment and are not
limited to: The property considered by this proposed amendment is not in an area of critical state concern; the property
considered by this proposed amendment is not directly related to a development of regional impact, etc. Therefore,
recommendation of a land use amendment from Utility to Industrial for the above described property was submitted to
the Planning Council Board for consideration of recommending approval to the City Commission. This request was
presented to the Planning Council on May 05th, 2015. At this meeting, the Planning Council recommended approval of
this Comprehensive Plan small scale amendment for a land use change from utility to industrial with the following
requirements provided by city staff and are not limited to the following: 1. Variance for proposed chain link fence is
required; 2. Land Development Regulation/ Zoning Code text amendment is required in order to have private fueling
station for the said property; 3. Site Plan approval request is required; 4. A Development Agreement is required along
with all other requirements set forth in the Development Agreement and or are not limited to the following: Compliance
with resolution 5058, fare share agreement, Ensure that the property would: a. be served by water and sewer; b.
follow current signage and dumpster enclosure regulations; c. include the landscaping and parking details as specified
in the site plan (Please see the Planning Council Site Plan Staff Report and Development Agreement for more details).
• The Planning Council recommendation for approval of this request was approved by a 5-0 vote with all other
requirements recommended by Staff, Planning Council, and The City Commission.
Proposed Action:
Staff has recommended approval of this Comprehensive Plan Text amendment.
Attachments:
Planning Council application: Comprehensive Plan small scale amendment (land use change)
Comprehensive Plan small scale amendment (land use change) Staff Report
Planning Council Meeting Minutes: May 05th, 2015
Signed Resolution
2
OQp.LOQk4
5^
Memorandum
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence K. Pinder, Commissione
Joseph L. Kelley, Commissi er
Luis B. Santiago, Commissio er
FROM: Kelvin L. Baker, Sr., City Manag r ,
DATE: June 24, 2015
RE: AN ORDINANCE OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF ACADEMY
BUS, FOR A COMPREHENSIVE PLAN AMENDMENT(SMALL SCALE)APPROVAL REQUEST TO
CHANGE THE LAND USE FROM UTILITY TO INDUSTRIAL OF THE PROPERTY DESCRIBED BY ITS
LEGAL DESCRIPTION SPECIFICALLY FOLIO NO. 08-2129-018-0010 AS FOLLOW: 10TH ADDN TO
SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28TH S 87 DEG W 25FT
N 01 DEG W 1198.27FT SELY AD 135.88FT SO1 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT
FAU 30 2129 018 0010 OR 22784-20481004 2
Request:
AN ORDINANCE OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF ACADEMY BUS,
FOR A COMPREHENSIVE PLAN AMENDMENT (SMALL SCALE) APPROVAL REQUEST TO CHANGE
THE LAND USE FROM UTILITY TO INDUSTRIAL OF THE PROPERTY DESCRIBED BY ITS LEGAL
DESCRIPTION SPECIFICALLY FOLIO NO. 08-2129-018-0010 AS FOLLOW: 10TH ADDN TO
SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28TH S 87 DEG W 25FT
N 01 DEG W 1198.27FT SELY AD 135.88FT SO1 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT
FAU 30 2129 018 0010 OR 22784-20481004 2
Description:
The applicant requested information concerning the permitted uses for this site within the City's Municipal
Boundary. Staff provided documents pertaining to permitted uses as well as other documents underlining
other additional requirements specifically for the 1-2 zoning district and dates for the proposed new
development for application purposes. The applicant then informed staff that they planned to utilize the
property as their central base of operations for South Florida. The applicant's proposed use of the subject
property will consist of a 6,000 square feet office building, employee parking, a 12,400 square feet bus
garage/maintenance building and 150 open parking spaces for their buses. During the month of March,
2015, staff met with the applicant's Attorney and Architecture team and reviewed the proposed project and
determined a small scale Comprehensive Plan land use amendment is required. According to the
Comprehensive Plan the current land use is utility and in order for the proposed use to be consistent with
1
the land use designation of the Comprehensive Plan, and changing the land use from utility to industrial will
make the proposed use consistent with the comprehensive plan Future Land Use Map (FLUM). According
to the Comprehensive Plan any land designated utility is very limited and doesn't adequately addressed or
allow for today's needs for development proposals as well as future potential uses. In order to make our
lands more appealing and marketable for development purposes. The Planning and Community
Development Department has analyzed closely various development needs assessment in comparison to
the currently defined uses within the utility designated lands. Our findings indicate the Utility land use
designated section of the City's Comprehensive Plan does not specifically address or flexible to uses that
are prominent to developments occurring within today's market or future needs as appropriate. The
following are specific criteria pursuant to Florida state statute regarding Comprehensive Plan small scale
amendment and are not limited to: The property considered by this proposed amendment is not in an area
of critical state concern; the property considered by this proposed amendment is not directly related to a
development of regional impact, etc. Therefore, recommendation of a land use amendment from Utility to
Industrial for the above described property was submitted to the Planning Council Board for consideration
of recommending approval to the City Commission. This request was presented to the Planning Council on
May 05th, 2015. At this meeting, the Planning Council recommended approval of this Comprehensive Plan
small scale amendment for a land use change from utility to industrial with the following requirements
provided by city staff and are not limited to the following: 1. Variance for proposed chain link fence is
required; 2. Land Development Regulation/ Zoning Code text amendment is required in order to have
private fueling station for the said property; 3. Site Plan approval request is required; 4. A Development
Agreement is required along with all other requirements set forth in the Development Agreement and or are
not limited to the following: Compliance with resolution 5058, fare share agreement, Ensure that the
property would: a. be served by water and sewer; b. follow current signage and dumpster enclosure
regulations; c. include the landscaping and parking details as specified in the site plan (Please see the
Planning Council Site Plan Staff Report and Development Agreement for more details).
• The Planning Council recommendation for approval of this request was approved by a 5-0 vote
with all other requirements recommended by Staff, Planning Council, and The City Commission.
Financial Impact:
There are no immediate financial impacts associated with approval of this site plan; however, once site and
building improvements are completed, the City will realize enhanced tax revenues, franchise fees, impact
fees, and building permit fees.
Implementation Time Line:
Immediately
Legislative History:
Ordinance 86-8
Planning Council Recommendation:
Planning Council recommendation for approval passed by a 5-0 vote.
Staff Recommendation:
Staff has recommended approval of this Comprehensive Plan Text amendment.
2
Attachment(s)
Planning Council application: Comprehensive Plan small scale amendment (land use change)
Comprehensive Plan small scale amendment (land use change) Staff Report
Planning Council Meeting Minutes: May 05th, 2015
Signed Resolution
Prepared By: Josue Leger, City Planner
Gerald Lee, Zoning Official
Gregory Gay, Director
Planning and Community Development Department
3
Received:
By:
" riPVA.i k'°r " Date:
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PLANNING COUNCIL APPLICATION
APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED:
PROPERTY OWNER'S NAME: FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC
PROPERTY OWNER'S ADDRESS: 111 PATERSON HOBOKEN NJ 07030
Number/Street City State/Zip Code
David Lehmkuhl
APPLICANT'S NAME:
APPLICANT'S ADDRESS: 111 Paterson Avenue Hoboken NJ 07030
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 201-725-5328 HOME OTHER
SUBJECT PROPERTY ADDRESS:
Number/Street
30-219-018-0010
TAX FOLIO NUMBER: 08-219-018-0010 PRESENT ZONING: Liberal Industrial Zoning (I-2)
LEGAL DESCRIPTION: See Attached
Please check specific request:
_Tentative Plat
Final Plat
X Comprehensive Plan Amendment
_Rezoning
Drainage Plan
Fill Permit Request
Preliminary Site Plan Review
_Final Site Plan Review
_Conditional Use Permit—No Plans
Conditional Use Permit—With Plans
_Special Exception—No Plans
Special Exception—With Plans
X Other—Please specify: Land use change from Utility to Industrial
Add any additional information that may be of importance to this request:
Reference to Ordinance 13-08
Section 4.13 and 4.4
Received:
By:
Date:
Page 3 of 5
PLANNING COUNCIL APPLICATION
(Checklist)
Applications will not be accepted without the following data. For a public hearing, all items below are necessary
and must be submitted.
x Completed application form
x Application fee payable to the City of Opa-locka by check or money order
X Copy of property owner's and/or applicant's driver license/photo I.D.
x Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized)
x 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).
x All preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad
format
x Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches)
x 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)
x 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)
x Narrative concept to be submitted with application
AFFIDAVIT
I, t .L NN►c-Q4k't_ ,being first duly sworn, depose and say that I am the OWNER of the property ,and I
understand t t ' application must_be co p -to and accurate before a public hearing can be advertised.
Signature
(1.4
Date
Sworn to and subscribed before me:
TIis 09b day of It ,.
My commission expires
fotary Public
ttach copy of identification
JEANINE LEONE
NOTARY PUBLIC OF NEW JERSEY
COMMISSION EXPIRES
JANUARY 18,2016
Reference to Ordinance 13-08
Section 4.13 and 4.4
Received:
By:
Date:
Page 4 of 5
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 v .�� \ _ 'v`�_v��r�-- ,being first duly sworn,depose and say that I am the owner
of the property legally described as:
Tract "A" of "Tenth Addition to Seaboard Industrial Park", according to the plat
thereof, recorded in plat book 198, page 44, public records of Miami-Dade County, Florida
I do give toBercow Radell & Fernandez, PA (Graham Penn)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 Bercow Radell & Fernandez, PA (Graham Pet L egotiate and commit to the City Commission and City
•dininistraf• in m, se .1\f. I will a.'.de by alb-final determinations of the City Commission and City Administration.
Signature
Date
Sworn to and subscribed before me: yam,
This di6— day of Va � 0107
--� My commission expires:
No Public
JEANINE t.EONE JERSEY
Attach copy of identification PUBLIC OF NEW
NOTARY EXPIRES
COMNUARY�8 2°16
Reference to Ordinance 13-08
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Section 4.13 and 4.4
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Living Area 0 Sq.Ft
Adjusted Area 0 Sq.Ft Taxable Value Information
Lot Size 337,304 Sq.Ft 2014 2013 2012
Year Built 0 County
. Exemption Value $0• $0 $0
Assessment Information Taxable Value $897,901 $816,274 $742,068
Year 2014 2013 2012 School Board
Land Value $2,023,824 $1,686,520 $1,686,520 Exemption Value $0 $0 $0
Building Value $0 $0 $0 Taxable Value $2,023,824 $1,686,520 $1,686,520
XF Value $0 _ $0 — $0 City
Market Value $2,023,824 $1,686,520 $1,686,520 Exemption Value $0 $0 $0
Assessed Value $897,901 $816,274 $742,068 Taxable Value $897,901 $816,274 $742,068
Regional
Benefits Information
Exemption Value $0 $0 $0
Benefit Type 2014 2013 2012 Taxable Value $897,901 $816,274 $742,068
Non-Homestead Assessment $1,125,923 $870,246 $944,452
Cap Reduction Sales Information
Note:Not all enefits are applicable to all Taxable Values(i.e.County, Previous OR Book-
School Board,City,Regional). Sale Price Page Qualification Description
Short Legal Description 05/09/2014 $2,825,000 29211-3339 Qual on DOS,multi-parcel sale
10TH ADDN TO SEABOARD IND PARK 10/01/2004 $2,000,000 22784-2048 vil
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evidence
PB 158-44
TR A LESS BEG SE COR OF TR A
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The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser
and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp
Version:
httn://www.miamidarle rnv/nrnnertveearrh/ A/A/ 111
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Generated On:4/6/201
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111 PATERSON AVE :1 7 1 ,t
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Beds I Baths I Half 0/0/0 r r * r
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Living Units 0 "`"'
Actual Area 0 Sq.Ft Aerie P p •.rap' -
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Living Area 0 Sq.Ft
Adjusted Area 0 Sq.Ft Taxable Value Information
Lot Size 28,861 Sq.Ft 2014 2013 2012
Year Built 0 County
Exemption Value $0 $0 $0
Assessment Information Taxable Value $76,827 $69,843 $63,494
Year 2014 2013 2012 School Board
Land Value $144,305 $144,305 $144,305 Exemption Value $0 $0 $0
Building Value $0 $0 $0 Taxable Value
$144,305 $144,305 $144,305
XF Value $0 $0 — $0 City
Market Value $144,305 $144,305 $144,305 Exemption Value $0 $0 $0
Assessed Value $76,827 $69,843 $63,494 Taxable Value $0 $0 $0
Regional
Benefits Information Exemption Value $0 $0 $0
Benefit Type 20141 2013 2012 Taxable Value $76,827[ $69,8431 $63,494
Non-Homestead Assessment $67,478 $74,462 $80,811
Cap Reduction Sales Information
Note:Not all benefits are applicable to all Taxable Values(i.e.County, previous OR Book-
School Board,City,Regional). Sale Price Pa a Qualification Description
g
Short Legal Description 05/09/2014 $2,825,000 29211-3339 Qual on DOS,multi-parcel sale
10TH ADDN TO SEABOARD IND PARK 10/01/2004 $2,000,000 22784-2048 vil
e by verifiable&documented
evidence
PB 158-44 T-21001
PORT OF TR A DESC BEG SE COR
OFTRAINSEC28THS87DEGW
25FT N 01 DEG W 1198.27FT SELY
The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser
and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp
Version:
httn•//xxnxr miamirlarla anv/nrr a
rhvearnh/ + ^+ -
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BcRCOW RADELL & FGRNAN DEZ
ZONING, LAIVCP USE AIVID ENVIRONMENTAL LAW
Direct(305)377-6229
gpenn @BRZoninglaw.com
VIA HAND DELIVERY
March 27, 2015
Gregory Gay
Director
Planning &Community Development Department
3400 NW 135 Street
Opa-locka, FL 33054
Re: Comprehensive Plan Amendment, Site Plan Approval, Development
Agreement, and Variance Aproval for Academy Bus Development - NW
123 Street(Folios 08-2129-0180-0010 and 30-2129-0180-0010)
Dear Mr. Gay:
We represent Franmar Properties of South Florida, LLC, (the "Applicant")
the owner of the two above-referenced parcels located at approximately NW 123
Street in Miami-Dade County (collectively the "Property"). Please consider this
letter the Applicants letter of intent supporting applications seeking an
amendment to the City's Comprehensive Plan, site plan approval, the acceptance
of a development agreement, and a minor variance approval.
The Property. The.Property is approximately 8.40 net acres in size and has
been assigned tax folio numbers 08-2129-0180-0010 and 30-2129-0180-0010 by the
Miami-Dade County Property Appraiser. The vast majority of the Property is
located in the City, with a small sliver of the Property remaining in
unincorporated Miami-Dade County. The Property consists of Tract A of the
Tenth Addition to Seaboard Industrial Park," recorded at Plat Book 158, Page 44
of the Public Records of Miami-Dade County, Florida. The property is unique in
the City in that it is surrounded on three sides by railway lines and spurs. To the
south of the Property is additional industrial land. The Property is located in an
area of the City (and adjacent Miami-Dade County) that is exclusively industrial
in character.
Gregory Gay
Director
Planning &Community Development Department
March 27, 2015
Page 2 of 12
City Zoning. The Opa-locka portion of the Property is zoned I-2 or
"Liberal Industrial" under the terms of the City Code. As its name implies, the
Liberal Industrial zoning designation permits a wide range of the more intense
industrial uses, including multiple "open lot" uses, such as rock pits and cement
manufacturing uses. The 1-2 zone also permits all of the uses allowed in the
City's I-1 zoning district, which permits motor garages and transportation
terminals.
The Property is designated for "Utility" use under the terms of the City's
Comprehensive Plan, which is generally applied to land owned by railroads,
public utilities, and other similar uses. The Property was formally owned by a
railroad company, which is likely the reason that it was assigned a Utility
designation.
As noted on the recorded plat for the Property, the southern seventy (70)
feet of the Property is encumbered by an access easement that ensures continued
access to the public roads for both the Property and the adjacent land to the
south, which is under separate ownership.
Proposed Development. As you may know, Academy Bus is the largest
privately owned and operated transportation company in the country, providing
charter bus services all over the east coast. With approximately 650 buses in its
fleet, the Applicant provides a wide range of private transportation services. The
Applicant prides itself on a level of service and on its well-maintained, modern
equipment.
The Applicant proposes to utilize the Property as its central base of
operations for South Florida. The proposed use will include a 6,000 square foot
office building, employee parking, a 12,400 square foot bus garage, and 150 open
bus parking spaces. The bus parking and garage portions of the development
will be located along the north, surrounded by railroad right of way.
The bus parking and garage areas are proposed to be enclosed by a
chainlink fence and gate. That fence will be supplemented with a continuous
hedge composed of small leaf clusia, a Florida native species. The use of a native
plant for the hedging will help ensure that the hedge remains healthy for
decades to come. Overall, the landscape plan includes more native species that
Gregory Gay
Director
Planning&Community Development Department
March 27, 2015
Page 3 of 12
the code requires, with over eighty (80) percent of the proposed shrubs being
native.
The office use will be located on the southern portion of the Property. The
bus storage and office uses are proposed to have separate entrances. That will
limit any potential for negative interactions between passenger vehicles and
buses.
Application Requests. In order to realize the proposed development plan,
the Applicant has filed four separate applications, requesting the following:
1. An amendment to the City's Future Land Use Map to redesignate
the Property from "Utility" to "Industrial."
2. An ordinance amendment pursuant to Section 4.10 in order to
allow for gasoline pumps to service vehicles used in connection
with the business located on an individual lot.
3. Final site plan approval for the proposed development.
4. The acceptance of a development agreement.
5. A variance to waive the requirement to surround the bus storage
area with a wall in order to utilize a fence and hedge instead.
The following narrative will explain each request in additional detail and
address the relevant code standards.
Future Land Use Map Amendment. As explained above, the Property is
designated for "Utility" use under the City's comprehensive plan. The Utility
designation is set aside for land owned by public and private utilities, such as
power companies, railroads, etc. While Academy does serve the transportation
needs of thousands of South Florida residents, it is not a utility. It is therefore
appropriate for the Property to be designated for industrial use, the same
designation that exists to both the north and east.
As you know, a major Goal of the City's Comprehensive Plan is to
maximize the potential for economic development within the City. Retaining the
Gregory Gay
Director
Planning & Community Development Department
March 27, 2015
Page 4 of 12
existing "Utility" designation on the Property, when the parcel is no longer
needed for utility use or under the ownership of a utility, will only retard the
future economic development of this portion of the City. The proposed
development, in contrast, will help encourage the expansion and improvement
of new industrial and commercial uses.
Ordinance Amendment. The Property is located in the I-2 zone, which is
the City's most intense non-automotive related industrial district. Among the
uses permitted in the I-2 zone are concrete and cement manufacturing,
petroleum and liquified petroleum gas storage, saw mills, and steel
manufacturing. As a transportation operation, the proposed use of the Property
will require the fueling of coaches on a daily basis. We understand that the City's
pending Code rewrite intends to include fueling stations serving the main use of
a site as an accessory use in the I-2 zone. Because the rewrite is still several
months away from moving forward, the Applicant is hereby seeking a ordinance
amendment to section 6.11(B) to provide as follows:
B. Permitted Uses.
11. Accessory gasoline pumps to service vehicles used in connection
with the business located on an individual lot. The pumps shall not serve
the general public.
Allowing intense industrial operations to fuel their vehicles on site will
reduce the impact of such uses on the surrounding area. In the case of the
Applicant, it will be able to fuel its coaches before they exit the Property, limiting
the need for extra vehicle trips to off site locations. In sum, the requested
amendment will create a clear public benefit in reducing the number of trips
needed for large commercial vehicles on the streets of the City.
Site Plan Approval. As explained above, the Applicant proposes to
develop the Property with a use that incorporates office space as well as bus
repair and storage. The submitted plans meet, or exceed, all of the relevant code
requirements and will far exceed the quality of similar developments in this area
of the City. The following will include a discussion of the relevant site plan
review standards and the compliance of the proposed development with each
criterion.
Gregory Gay
Director
Planning&Community Development Department
March 27, 2015
Page 5 of 12
1. Natural Environment
All proposed development shall be designed in such a manner as to
preserve, perpetuate and improve the existing natural character of the site.
Existing trees and other landscape features shall, to the maximum extent
possible, be preserved in their natural state and additional landscape
features shall be provided to enhance architectural features, to relate
structural design to the site, and to conceal unattractive uses.
As explained above, the proposed plan includes a first rate landscape plan that
meets and exceeds the code requirements. The vast majority of the trees and
shurbs now on the Property are Australian Pines and Brazilian Pepper, both
noxious invasive species. While the proposed design does propose the removal of
two sabal palmettos, the plan proposes the planting ninety-three (93) new trees,
eighty (80) percent of which will be native species. The plan also proposes the
installation of more than 3,000 shrubs and ground cover plants.
2. Open Space
Adequate landscaped open space shall be provided which meets the
particular needs and demands of the proposed development, the
comprehensive plan and specific zoning district requirements. Legal
methods assuring the continued preservation and maintenance of
required open space shall be submitted to and approved by the city. The
type and distribution of all open space shall be determined by the
character, intensity, and anticipated residential or user composition of the
proposed development.
a. Passive open spaces (those areas not planned for intensive activity)
shall be arranged as to enhance internal spatial relationships between
proposed structures, to provide buffers between the project and
adjacent less intensive uses, to facilitate pedestrian movements within
the development, and to improve the overall visual quality of the site.
The proposed development plan focuses its landscape design on buffering adjacent
land from the impact of the project. The entire perimeter of the storage area will be
beuffering by a sodded stormater retention area, fence and continuous native
hedge.
Gregory Gay
Director
Planning &Community Development Department
March 27, 2015
Page 6 of 12
3. Circulation and Parking
All circulation systems and parking facilities related to a proposed
development shall be designed and located in such a manner as to comply
with the following:
a. A clearly defined vehicular circulation system shall be provided which
allows free movement within the proposed development while
discouraging excessive speeds. Said system shall be separated insofar
as practical from pedestrian circulation systems. Pavement widths and
access points to peripheral streets shall be provided which adequately
serve the proposed development and which are compatible and
function with circulation systems outside the development.
The circulation system within the proposed development has been designed to
limit negative interactions between buses and passenger vehcicles and to limit
pedestrian/vehicular interactions. The plan has been engineered to meet all
required standards, which is demonstrated on the submitted Vehicular
Circulation Plan.
b. A traffic impact statement shall be provided which states current
average daily and peak hour traffic volume counts, a description of
existing traffic conditions, programmed and planned roadway
improvements, and future traffic conditions within and without the
project. Prepared roadway improvements and the associated costs
shall be provided.
The Applicant has provided the required traffic impact statement, showing
that the proposed development is consistent with the City's standards. No
roadway improvements will be required.
c. Whenever possible in proposed residential developments, living units
should be located on residential streets or courts which are designed to
discourage non-local through traffic.
This standard is not applicable to the proposed development.
Gregory Gay
Director
Planning& Community Development Department
March 27, 2015
Page 7 of 12
d. Off-street parking areas shall be provided which adequately
accommodate maximum vehicle storage demands for the proposed
project and be located and designed in such a manner so as to not
create any incompatible visual relationship.
As noted above, the proposed development includes a dedicated parking area to
serve the uses within the Property. The lot includes 154 parking spaces, where
the City Code requires just twenty-seven (27). This will allow the Applicant
to serve its operational needs.
e. Safe and efficient access to all areas of the proposed development shall
be provided for emergency and service vehicles.
As shown on the Vehicular Circulation Plan, access is provided for the largest
expected vehicles, which will likely exceed the size of any emergency or service
vehcicles.
f. Sidewalks shall be provided as required by the city's codes and
ordinances. Modifications and/or exceptions to sidewalk requirements
may be granted by the appropriate board when efficient pedestrian
circulation throughout the proposed development is provided by
means of adequately lighted and designed pedestrian paths and is
open to the general public for use.
There are no portions of the Property that immediately abut a public road, so
no sidewalks are required along the front of the site.
4. Community Services and Utilities
All proposed developments shall be designed and located in such a
manner as to insure the adequate provision, use and compatibility of
necessary community services and utilities.
a. An adequate sanitary sewer collection system, including all necessary
extensions and connections, shall be provided in accordance with city
standards for location and design. Sanitary sewage treatment and
disposal systems must be provided in accordance with city, county
and state standards and regulations.
Gregory Gay
Director
Planning&Community Development Department
March 27, 2015
Page 8 of 12
The proposed plan is consistent with all of the relevant sanitary sewer
requirements.
b. An efficient solid waste collection system including the provisions of
an adequate number of local receptacles in locations which afford
maximum use and collection convenience, shall be provided in
accordance with all applicable standards.
The office building and bus garage both feature independent trash dumpsters
that are readily serviceable and located away from the public.
c. A well designed internal system for fire protection, including the
provision of an adequate number of properly located fire hydrants and
an efficient access arrangement for emergency fire vehicles, shall be
provided to insure the safety of all persons within the project.
The project has been designated to provide adequate capacity for fire
protection.
5. Building and Other Structures
All buildings and structures proposed to be located within a development
shall be oriented and designed in such a manner as to enhance, rather
than detract, from the overall quality of the environment. The following
guidelines shall be followed in the review and evaluations of all buildings
and structures:
a. Proposed buildings and structures shall be related harmoniously to the
terrain, other buildings, and the surrounding neighborhood in height,
size, scale, style, color or texture, and shall be compatible with physical
or visual relationships.
The proposed buildings, with clean, simple architectural design will be a
welcome addition to this area. The maximum height will be three stories,
which is completely consistent with similar development in the area.
b. Maximum privacy shall be incorporated into the design of individual
residential units and related outdoor patio and living areas.
Gregory Gay
Director
Planning & Community Development Department
March 27, 2015
Page 9 of 12
This requirement is inapplicable to this application.
c. All permanent outdoor identification features which are intended to
call attention to proposed projects and/or structures shall be designed
and located in such a manner as to be an integral part of the total
project and/or structural design, and shall not exceed a size and scale
necessary for the recognition from vehicles moving along adjacent
streets at prescribed legal speeds.
There are no significant outdoor identification features, such as entrance
features, proposed for the development. All signage will be of a type and
design that is consistent with the City's standards.
Development Agreement. As required by Section 4.16 of the City Code,
the Applicant has agreed to the following statement at the time of filing:
An acceptable Developer Agreement pursuant to Florida Statute 163.3220
shall be signed by the Applicant and adopted by the City Commission prior to
receiving a building permit. The agreement shall include provisions in addition
to the requirements of Florida Statutes to guarantee, but not be limited to the
following items (as applicable and agreed by the Applicant and City):
1. All impacted public facilities shall be adequate to serve the Property at
an acceptable level of service (L.O.S.) prior to receiving a Certificate of
Occupancy.
2. All public improvements required by a government agency or
voluntarily proposed by the Applicant to be installed by the applicant;
i.e. water and sewer, sidewalks, roads, turn lanes, etc. shall either be
constructed in accordance with applicable governmental regulations
prior to a Certificate of Occupancy or the City shall receive an
acceptable guarantee such as a cash bond or letter of credit.
3. The applicant agrees to abide by and not deviate from the terms of its
graphic and verbal presentation submitted to the City Commission in
order to receive a Development Order. Such items include, but are not
specifically limited to;
Gregory Gay
Director
Planning& Community Development Department
March 27, 2015
Page 10 of 12
A) Design of all physical structures, water bodies, private and public
improvements.
B) The color and dimensional characteristics of all building materials.
4. The applicant guarantees to preserve and maintain all buildings and
structures consistent with the original development order for the entire
period in which the applicant owns the land or controls 51%
ownership of the property.
5. The applicant shall submit annual reports and additional
documentation as required by the City Commission in its development
order to verify "on-going' compliance with its development order.
6. Subsequent to receiving a development order the design of all
structures, materials and colors included in the applicant's
documentation shall not be physically altered or substituted. The
burden shall be on the applicant to prove that the material or color is
no longer available.
7. A schedule of construction phasing, if applicable.
8. Any service impact mitigation measures to which the applicant has
committed.
9. ❑A requirement that the applicant, his successors or assigns, shall
comply with the requirements of the final development order.
10. An agreement to provide necessary public improvement bonds, legal
agreements, etc.
11. An agreement to allow the City to enter the property and inspect said
property for compliance with the other pertinent provisions of the
Developer Agreement.
12. Compliance with Resolution No. 5058, the Fair Share Agreement
Resolution.
Gregory Gay
Director
Planning&Community Development Department
March 27, 2015
Page 11 of 12
Wall Variance. The City Code requires that all storage yards for "materials
or company vehicles" be surrounded by a masonry wall of at least six (6) feet in
height. The Applicant proposes to replace the wall with a combination of fence,
hedges, and retaining wall. We think that this alternative provides several
benefits over a wall. First, it provides an opportunity for greater buffering of the
proposed use when the proposed hedges grow above the fence. Second,
replacing a wall with a fence and hedge will markedly reduce the possibility of
graffiti.
The Property is surrounded on three sides by railroad tracks and spurs,
which are essentially open to the public. Locating a wall along these tracks will
only invite vandalism on the railroad side. Even with the utmost diligence on the
part of the Applicant, it is all but certain that a wall would become a graffiti
target. The fence and hedge will provide the City with the buffering that the
Code requires without the negative implications inherent in a wall located along
a railroad line. We therefore believe that public policy supports the grant of a
variance here.
You will also note that the Property is surrounded exclusively by similar
industrial and utility uses. There is essentially no chance, therefore, that the use
of a fence and hedge instead of a wall would create issues for adjacent parcels.
Conclusion. We look forward to your review and recommendation on our
applications. If you have any questions or concerns regarding this letter, please
do not hesitate to phone my direct line at (305) 377-6229 or send me an email at
gpenn @brzoninglaw.com.
Sincerely
Graham Penn
Enclosures
cc: David Lehmkuhl
Gregory Gay
Director
Planning&Community Development Department
March 27, 2015
Page 12 of 12
Michael Carr
Jeffrey Bercow, Esq.
BGRCOW RADELL & FERNAN D EZ
?_G?IV1IV Q, LP W IJSE A 4t EtV 1i CDhl \,1 4-TA L LAW
Direct(305)377-6229
gpenn @BRZoninglaw.com
VIA U.S. Mail
March 25, 2015
Richard Rubin Lindjay Investments,LLC
12900 NW 38 Avenue
Opa-locka,FL 33054
Re: Academy Bus Development - NW 123 Street (Folios 08-2129-0180-0010
and 30-2129-0180-0010)
Dear Sir/Madam:
We represent Franmar Properties of South Florida, LLC, the owner of the
two above-referenced parcels located at approximately NW 123 Street in Miami-
Dade County. We have filed applications with the City of Opa-locka seeking the
approval of a new development for the Academy Bus company.
As you may know, Academy Bus is the largest privately owned and
operated transportation company in the country, providing charter bus services
all over the east coast. With approximately 650 buses in its fleet, the Applicant
provides a wide range of private transportation services. The Applicant prides
itself on a level of service and on its well-maintained, modern equipment.
The Applicant proposes to utilize the Property as its central base of
operations for South Florida. The proposed use will include a 6,000 square foot
office building, employee parking, a 12,400 square foot bus garage, and 150 open
bus parking spaces. The bus parking and garage portions of the development
will be located along the north, surrounded by railroad right of way.
The bus parking and garage areas are proposed to be enclosed by a
chainlink fence and gate. That fence will be supplemented with a continuous
hedge composed of small leaf clusia, a Florida native species. The office use will
be located on the southern portion of the Property. The bus storage and office
Richard Rubin Lindjay Investments,LLC
12900 NW 38 Avenue
Opa-locka,FL 33054
Opa-locka,FL 33054
March 25, 2015
Page 2 of 2
uses are proposed to have separate entrances. That will limit any potential for
negative interactions between passenger vehicles and buses.
The City of Opa-locka has requested that we reach out to our immediate
neighbors to inform them of the application and seek their support. I am
enclosing a reduced copy of our site plan and the City's petition form. Please feel
free to utilize the enclosed self-addressed stamped envelope to return the
petition to my attention.
If you have any questions or concerns regarding this letter or our project,
please do not hesitate to phone my direct line at (305) 377-6229 or send me an
email at gpenn@brzoninglaw.com.
Sincerely
9
Enclosures
cc: David Lehmkuhl
Michael Carr
Jeffrey Bercow, Esq.
Received:
By:
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Page 5 of 5
Date:
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COUNCIL
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS:
LEGAL DESCRIPTION:
PROPERTY OWNER'S NAME: PHONE:
ADDRESS (If different):
Signature
Reference to Ordinance 13-08
Section 4.13 and 4.4
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Adjacent Properties
Folio Number Owner Address
08-2128-003-0690 Carlos Arango&Angela Arango 13480 Cairo Ln
Opa-Locka, FL 33054
2851 NW 134th St
08-2128-010-0050 Wesley Yacinthe&W Marianne Opa Locka, FL 33054
12501 NW 38th Ave
08-2129-011-0010 Dyplast Products LLC Opa-Locka, FL 33054
08-2129-011-0050 12725 LLC
PO Box 541555
Opa-Locka, FL 33054
08-2129-011-0060 12701 LLC PO Box 541555
Opa-Locka, FL 33054
08-2132-001-0010 12401 LLC PO Box 541555
Opa-Locka, FL 33054
08-2129-028-0010 The Quikrete Companies Inc. 3490 Piedmont Rd,Suite 1300
Atlanta, GA 30305
08-2128-027-0010 FU/WD Opa Locka LLC
121 Interpark Blvd,Suite 308
San Antonio,TX 78216
12200 NW 36th Ave
30-2128-022-0020 Properties of J&E LLC Miami, FL 33167
30-2128-022-0010 BB 123 St LLC
11451 N W 19th St
Plantation, FL 33323
30-2128-020-0910 Teachers Insurance &Annuity 8500 Andrew Carnegie Blvd,3rd Floor
Association of America Charlotte, NC 28262
08-2128-003-0646 Juana Cantillo TRS 2497 Andrews Ln
Fort Lauderdale, FL 33312
08-2128-003-0645 Jose A. Maceira &W Yolanda 191 W 50th St
Hialeah, FL 33012
08-2128-003-0643 Jose C. Diaz&W Agustina
12730 Cairo Ln
Opa-Locka, FL 33054
08-2128-003-0644 Alondra Invest LLC 861 E 30th St
Hialeah, FL 33013
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ACADEMY BUS DEVELOPMENT: Comprehensive Plan Amendment(small scale) Staff Report
APPLICANT'S REQUEST: TO CHANGE THE LAND USE FOR PROPERTY WITH FOLIO NO.08-2129-
018-0010 FROM UTILITY TO INDUSTUSTRIAL.
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City of Opa-locka Unincorporated Miami-Dade County
City of Opa-locka I Planning and Community Development Department
Site Background
• According to Miami-Dade County Property Appraiser's website, the subject Property's legal description is as
follow:
10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28 TH
S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD
135.88FT SO1 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010 OR 22784-
2048 1004 2
• The subject property is currently own by Franmar Properties of South Florida, LLC, according to the Miami-Dade
County Property appraiser's website.The subject Property is considered to be virgin land because of its previous
and current nature of not being developed prior to this proposed development which explains the reason why
there is not a physical mailing address yet assigned for the subject property. Currently the site conditions are as
follow:trees, overgrown grass, shrubberies, and various types of vegetations (see Existing Condition Section).
The site is located immediately adjacent to main railroad, railroad spurs and easements at its west, north and
east edge.The site is only accessible via county road at its most southern edge providing for ingress and egress,
immediately adjacent to the most western point of NW 123rd Street.That street east bound inter-connect the
vehicular path from and to the subject Property with NW 36th Avenue and major arterial road NW 32nd Avenue.
• Furthermore, approximately 28,861 square feet of the eastern edge of the subject Property falls within
Unincorporated Miami-Dade County as highlighted in red in the previous picture.
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Figure 1: Google Street View,dated:
City of Opa-locka I Planning and Community Development Department
Page 3 of 11
II. Project Details
• Applicant's intent
a. The applicant proposes to utilize the property as its central base of operations for South
Florida.The proposed use will include a 6,000 square foot office building, employee
parking, a 12,400 square foot bus garage, and 150 open bus parking spaces.The bus
parking and garage portion of the development will be located along the north,
surrounded by railroad right of way(ROW).
b. Therefore a Comprehensive Plan small scale amendment is required in order for the
Current future land use to be consistent with the proposed land use by the applicant.
"`""" Academy Bus
Comprehensive Plan small scale amendment to the Future land Use Map (FLUM): this
request is to change the current Future Land Use from Utility to Industrial for the
subject property with folio listed below.
Opa-locka: 08-2129-018-0010
- N/A (Vacant Lot/virgin land): no address yet assigned
337,304 SF(approximately 7.7 acres)
aW' 1-2 (Liberal Industrial)
The proposed use for Academy Bus Facility is consistent with the Zoning Code:
because all I-1 (Limited Industrial) permitted uses are also allow in the I-2 (Liberal
Industrial) zoning district.
Vacant/Open Space
Utility
Industrial
- The proposed use for Academy Bus Facility is not consistent with the
Comprehensive Plan because it is an Industrial land use.
- The land use designation for this location described by folio No. 08-2129-018-
0010 is Utility
Future Land Use Element: Future Land Use Map (FLUM)
Ordinance no. 86-8: Industrial Zoning Districts
This request will be properly noticed pursuant to state law and city chatter by the city
clerk's office.
- A copy of notice for advertisement titles were given to the Clerk's Office on
Friday, April 17, 2015. To be advertise at least 10 days prior to this Planning
Council meeting on Tuesday, May 05th, 2015.
- City Commission Meeting:TBD
City of Opa-locka I Planning and Community Development Department
Page 4 of 11
III. Map Series:
Current Future Land Use Map:
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City of Opa-10Cita 1 Planning and Community Development Department _
Page 5 of 11
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Page 6 of 11
Future Land Use Map: as advertised for the Planning Council Meeting on 05-05-15
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Page 7 of 11
IV. Existing Conditions:
• The Subject Property is currently Vacant/Open space
• The Subject Property is generally surrounded by railroad right of way(ROW) and railroad Spurs.
• A discontinued perimeter fence is located at only the southern edge of the property adjacent to NW 123rd
Street.
• Sidewalk alongside the south edge of the Property
• Australian Pines throughout the Property
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Surrounding Land Use and Zoning: Table 2
Industrial Industrial 1-2 (Liberal Industrial)
Industrial Utility 1-2 (liberal Industrial)
Industrial General IU-1 (Industrial, Light)/IU-2 (HVY MFG)
Industrial Utility 1-3(Industrial Plan Development)
Surrounding Zoning Designation Map:the highlighted subject property is zoned 1-2 (liberal Industrial)
1-2
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City of Opa-locka I Planning and Community Development Department
Page 8 of 11
V. Florida Statutes:Applicable Sections: 163.3187; 120.569; 120.57; 163.3177; 163.3184; 166.041;
VI. General Character/Neighborhood Compatibility:The proposed development use will be in Harmony
with the general character of the surrounding neighborhood considering population density, design, scale,
and bulk of any proposed new structures, intensity and character of activity, traffic and parking conditions?
- Findings:
• The propose development use `Academy Bus facility" is in harmony with the general
characteristic of the surrounding neighborhood: Industrial Uses.
• Total acreage of land to be considered under amendment(must be 10 acres or less): 7.7
acres.
• Future Land Use Plan Map category:
• Present: Utility
• Requested: Industrial
• The property considered by this proposed amendment is not in an area of critical state concern.
• The property considered by this proposed amendment is not directly related to a development
of regional impact
• This land use change is being requested due to a proposed development for Academy Bus in
effort of making sure that the proposed land use is consistent with the Comprehensive Plan and
the Land Development Regulation/Zoning Code
• The proposed development is required the following public facility services: sanitary sewer, solid
waste,drainage, potable water, and traffic circulation. (Unincorporated Miami-Dade County)
• The proposed is solely a Land Use Change Map Amendment.The Goals, Objectives and
policies of the Future Land Use Elements remain the same except for the change in the Future
Land use Map (FLUM) indicating the change for the subject property from Utility to Industrial.
This increases the Current total acreage of the FLUM by an additional 7.7 acres.
• The applicant shall provide supporting data and analysis, as deemed necessary by the County,
to support the proposed application in compliance with the format and content requirements as
specified in Chapter 9j-5, Florida Administrative code,as amended.
• Community Comments/Petitions: The Applicant verbally informed the Planning and Community
development Department that petitions were submitted to the surrounding businesses for signatures,comments
or possible opposition.
- Findings: The Planning and community Development Department has not yet received any signed
petitions submitted to the Neighboring Businesses as indicated by the Applicant.
VII. Need Assessment/other Required Approvals
1. Comprehensive Plan Amendment(Small Scale): Land Use Change(Map Amendment); also
subject to the Department of Economic Opportunity(DEO) Review).
• Application submitted for Planning Council Meeting(this meeting) Tuesday,May 05th,
2015
(III. Development Review Committee (DRC): Meeting Review Comments
1. Capital Improvement Project (CIP):
• No issues reported for the proposed Comprehensive Plan small scale amendment: Land use
change.
2. Building:
City of Opa-locks.I Planning and Community Development Department
Page 9 of 11
• N/A
3. Police:
• N/A
4. Community Redevelopment Agency (CRA):
• N/A
5. City Manager's Office (CMO):
• N/A
6. Code Enforcement:
• N/A
7. City Attorney's Office:
• Development Agreement under review
8. Public works:
• N/A
9. Inter-jurisdictional Review: Miami-Dade County: Mr. Gianni Lodi (PER)
• "Development Services staff has reviewed the proposed application initial submittal. The
Platting and Land development Section has no comments for now.The zoning Staff is
proffering the following comments": -increase the number of trees within the area of the
site controlled by the county—installing canopy trees 25' avg. oc. To create a nice dense
buffer with trees—the side which is occupied with auto parking should incorporate a berm
with the proposed coco plum hedge, additional groundcover and additional trees planted
25' avg. oc. To buffer the railroad line from the property and enhance the aesthetics of the
facility. All of the plant material shall comply at a minimum with chapter 18A(Landscape
Code).
IX. Staff Recommendation:
- Staff recommends approval of this Comprehensive Plan Amendment(small scale): Future Land Use
Map (FLUM)amendment.
- Other:
X. Attachments:
• Site Plan
• Development Agreement
• Zoning Code Text Amendment
Planning and Communit Develo•ment De•artment _
Name and Title Initials
Project Planner Josue Leger,City Planner
Zoning Gerald J. Lee,Zoning Official
Approved by Gregory D.Gay,Director
Planning and Community Development
City of Opa locka I Planning and Community Development Department
Page 10 of 11
XI. Staff Report Updated After the Planning Council Meeting on May 05th, 2015.
Reflected Actions:
Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No.(TBD)
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING TO THE
APPLICATION OF:Academy Bus Facility
FOR:COMPREHENSIVE PLAN AMENDMENT(SMALL SCALE)APPROVAL TO CHANGE THE LAND USE
FROM UTILITY TO INDUSTRIAL OF THE ABOVE MENTIONED PROPERTY DESCRIBED BY ITS LEGAL
DESCRIPTION SPECIFICALLY FOLIO NO. 08-2129-018-0010.
WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence,
documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-
locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
1) That the request in the application by the applicant be and the same is hereby
a. APPROVED ❑ DATE:05-05-2015
b. DENIED ❑
c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on /_/
2) That the following special condition be and they are hereby imposed, conditioning the determination
aforementioned:
a.
b.
***The Planning Council Approval of this request was approved by a - vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy
as is reflected upon the public records of the City of Opa-locka this day of
Chairperson or Designee
City of Opa-locka I Planning and Community Development Department
The Following changes/recommendations are updates based on the Planning Council Meeting
discussions in regards to the proposed Academy Bus Facility
City of Opa-locka I Planning and Community Development Department
1'' r
L P a. l+
Ii•
MINUTES
PLANNING COUNCIL MEETING
TUESDAY, MAY 5, 2015
ROLL CALL:
The meeting was called to order at 7:05pm by Chairman Calvin Russell. Present Members in
attendance:
Chairman Calvin Russell, Board Member Elio Guerrero, Board Member Rose Tydus, Board
Member Oria Rodriguez, and Board Member Germane Barnes.
Also in attendance were Community Development Director, Gregory Gay, and Zoning Official
Gerald J. Lee. City Planner, Josue Leger, & City Attorney Vincent Brown.
Absent: Secretary II, Kinshannta Hall
II INVOCATION AND PLEDGE: Board Member Rose Tydus led the Prayer and the Pledge of
Allegiance was stated after the Prayer.
III APPROVAL OF MINUTES: Discussion of Minutes from May 5, 2015 Meeting
The Chairman Mr. Calvin Russell asked if a motion could be made to have the minutes approved
from April 14, 2015 meeting. Board Member Elio Guerrero addressed a small issue on the
reading minutes about Board Member Germane Barnes listed as absent when he was "late".
Chairman Russell tells Mr. Lee that the error needs to be corrected. Board Member Rose Tydus
Planning Council Minutes
05/05/2015
Page 1 of 43
ask what page is it on. Board Member Germane Barnes states that it is on page 1. Board
Member Rose Tydus addressed an error on page 24 about the spelling error on line 7, 12, and
line 14 of the word "differ" should be spelled "deferred" was not spelled correctly. Chairman
Russell asked if a motion could be made to approve the minutes with proper corrections. Board
Member Elio Guerrero made a motion to approve the minutes from April 14, 2015 meeting with
proper corrections and Board Member Germane Barnes second the motion.
Upon roll call, the minutes passed 5-0.
Elio Guerrero - Yes
Rose Tydus - Yes
Calvin Russell - Yes
Oria Rodriguez - Yes
Germane Barnes - Yes
IV. PUBLIC HEARINGS:
1. Academy Bus-Land Use Change From Utility To Industrial
REQUEST:
COMPREHENSIVE PLAN AMENDMENT (SMALL CIRCLE) APPROVAL TO
CHANGE THE LAND USE FROM UTILITY TO INDUSTRIAL OF THE ABOVE
MENTIONED PROPERTY DESCRIBED BY ITS LEGAL DESCRIPTION
SPECIFICALLY FOLIO NO. 08-2129-018-0010.
Mr. Gay: Chairman this item has four parts. The executives from Bus Academy will be coming
before the Planning Council Board to do a presentation relating all four parts to the item. They
will be explaining each part separately. The first part of the item is the Comprehensive Plan
amendment, the second part of the item will address the zoning change, the third part of the item
Planning Council Minutes
05/05/2015
Page 2 of 43
will address the development agreement, and the fourth part of this item will deal with the site
plan. Chairman if it's at your pleasure the applicant will come first to do their presentation then
afterwards staff will come forth to do their presentation.
Graham Penn: I can give an overall view of the entire project and then explain each 4 items
separately.
Chairman Russell: I prefer for you to explain each item separately one at a time so I can have a
better understanding.
Graham Penn: David Lehmkuhlu is the applicant from Academy Bus. The engineering team
consists of Lenny Rodriguez and John Kim they are here for any questions if you have any.
We've worked very hard for this project which will be a win-win for the great City of Opa-locka.
The drawing here shows in "blue"that the property is zoned I-2 which is the city most intense
industrial district. This district allows other open lot uses. We share the same zone with the
property of the south. This white line is the edge of the county. Our property is majority within
the city. The staff has been working close with the county to ask them if they have any
questions. It has been incorporated into our application. The portion of the county is already
zoned industrial. The red lines are for the railroad lines railroad spurs which is illustrated on the
drawing. All of the CXX railroads goes south and serve all uses. To the West is I-3 which is the
planned industrial which is a less intense district. Cairo lane auto use is zoned I-2A which only
permits special automobiles and junk yard uses. There is a disagreement plan between what the
land use plan says and what the zoning says. This property is under the Comprehensive Plan is
designated Utility. Utility is commonly used for utility uses. It was owned by CXX for a long
Planning Council Minutes
05/05/2015
Page 3 of 43
time. CXX is a railroad which is consisted with utilities. It was sold to us. The land use is limited
to making our land use consist with existing zone. The change was going to be made any way.
We are doing it slightly early. It really was a timing issue clearing up a technical issue. I can
stop now to hear from staff at this point.
Chairman Russell: Do any of the Planning Council Members have any questions?
Member Barnes: Let me get this straight, you want us to determine if we want to change from
utility to industrial to zoning on the Comprehensive Plan? Under assumption that we adopt?
The Comprehensive Plan?
Graham Penn: Under the current Comprehensive Plan to redesignate this plan from utility to
industrial that's it. It has nothing to do with the future plan. The future plan will come in and
match it.
Member Barnes: I understood that part, I just wanted to make sure my council members
understood. We are making a vote on this parcel, or should we in act a new plan. This seems
very premature.
Member Guerrero: The use that you want falls under the I-2 zoning?
Graham Penn: Yes it does. It is consistent with I-1. This portion of the application solves the
problem.
Chairman Russell: It has not been approved but down the road it might be approved, but I
agree with my fellow council. It sounds immature to me as well.
Planning Council Minutes
05/05/2015
Page 4 of 43
Graham Penn: I will be more specific; anyone can come in and amend the Comprehensive Plan
which is why we can file another application. We needed to get this moving forward so we can
develop this property. In the absence of this application not being approved. I cannot wait until
this document goes up to Tallahassee and get reviewed and come back. This is all really a house
keeping issue. I believe that staff will agree with me. This has happen where the
Comprehensive Plan and zoning does not match which is why we fix the problem. In every city
we fix the problem it is not anything unusual this is something people file all the time. This little
eight acres should be industrial. Mr. Chairman if I don't have anything this project will go away.
I can't go forward. As I said before the comp plan will make the exact same change. It is the
right thing to do. This is appropriate for the neighborhood and staff agrees.
Chairman Russell: Anymore questions?
Member Tydus: The key word to my colleagues is "housekeeping". It's really a housekeeping
issue that hasn't been changed.
Chairman Russell: It hasn't been changed.
Mr. Gay: If it's okay could our staff do their presentation? This may answer some of your
questions or concerns.
Mr. Leger: Good evening, we've already went over the agenda. We are looking at the first
item which is the small scale amendment. Just an overview about the site is designated utility
when you look at the current comp plan as of now. It is not much of utilization it is very limited.
That's when we decided based on the proposal we cannot go forth without a comp plan
amendment which will be a land use scale. The small scale is something that allows the
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municipality to conduct a change and send it to the state not to review but advise them of the
changes that the city has made for this specific development. This is considered a small scale
because it is less than ten acres. Chairman would you like for me to proceed with the
presentation?
Chairman Russell: Unless you have more information we need to know.
Mr. Leger: Just the comp plan amendment.
Graham Penn: We just want to confirm with staff. We are here if you have any questions.
Mr. Gay: As long as the property is under the land use it has very limited use for
redevelopment. Under the definition of utility it can be used by the railroad, water company, or
electrical company. It is a large portion of property. As staff we do recommend that this land
use change be made from utility to industrial.
Chairman Russell: I understand staff recommendation, but what is "Academy Bus" company?
Graham Penn: They are the largest charter bus operation.
Chairman Russell: What do they do exactly?
Graham Penn: It's a bus depot, bus maintenance, and brand new office building. 6,000 square
office building. It has bus parking and 140 new trees all landscaping.
Chairman Russell: It's too many times where we have change zoning for certain businesses to
fit. We have a responsibility to get things done.
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Mr. Leger: We are not changing the zoning. The zoning is already in place for that type of use
to come in. There is an inconsistency between the comp plan and the zoning as it stands right
now.
Chairman Russell: Then why are you asking us to change it?
Mr. Leger: It is the land use. The comp plan addresses the land use and the land development
regulation addresses the zoning. The land use for the parcel is not consistent with the current
zoning without this project. The zoning is I-2 but the land use is utility.
Member Guerrero: We would use an amendment?
Mr. Gay: In order for this property to develop a comp plan would have to take place. We've
been dealing with the comp plan for several months now. They have decided to not wait until
the change occurs with the city. As a private applicant they are entitled to do so as property
owners.
Chairman Russell: I would get some advice from the attorney to make sure it is zoning right.
Member Guerrero: The zoning is right.
Attorney Brown: The zoning is right the type of use that is permitted on the property is
inconsistent. They want to make the zoning and use of the property consistent with each other.
The question begins here, "Are you going to make them wait until you rewrite the entire comp
plan? Let's say it takes five years to re-write the comprehensive plan. Are you going to make
them wait five years for this process to complete itself before new jobs are brought to the city?
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Chairman Russell: Can we get a motion to move this project to move forward.
Member Guerrero: I make a motion to pass the first item.
Rose Tydus: I second.
Upon roll call motion passed 5-0
Oria Rodriguez - Yes
Elio Guererro - Yes
Rose Tydus - Yes
Calvin Russell - Yes
Germane Barnes - Yes
V. Academy Bus-Zoning Text Change to Allow Fueling
Attorney Brown: The second item on the agenda. The applicant name is Academy Bus,
LLC-David Lehmkuhlu. The property address is at the most western point of NW 123rd
Street on the north side of the street; Folio No. 08-2129-018-0010. The legal description
is 10`h ADDN to SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF
TR A IN SEC 28 TH S 87 DEG W 25 FT N 01 DEG W 1198. 27 FT SELY AD 135.88
FT S01 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
OR 22784-2048 1004 2;
REQUEST:
LAND DEVELOPMENT REGULATION/ZONING CODE ORDINANCE 86-8 TEXT
AMENDMENT APPROVAL TO ADD SERVICE FILLING STATION: NO MOTOR
VEHICLE SERVICE FILLING STATION OR GASOLINE PUMP SHALL BE
PERMITTED ON ANY LOT OR WITHIN ANY STRUCTURE IN THIS DISTRICT
EXCEPT WHERE NECESSARY TO SERVICE VEHICLES USED SOLELY IN
CONNECTION WITH THE LICENSED BUSINESS PERMITTED ON SUCH LOT
AND WHEN SO LOCATED, SHALL NOT BE VISIBLE FROM VIEW FROM THE
STREET. TO ARTICLE 6.11 THE I-2 (LIBERAL INDUSTRIAL) AS PROPOSED
SUB-SECTION 6.a
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Mr. Gay: We would like our city staff if approved by the board to come up to do their
presentation. It may address many concerns you may have. Mr. Penn if you have any
questions feel free to ask Mr. Leger.
Mr. Leger: The next item on the agenda is the Land development code text amendment
approval request. This is not changing the zoning. This project wants to service their
own vehicles. In the 1-2 that language is not written. The applicant is looking for the
board approval to allow the language. This is the 1-2 zoning district. The purpose of this
district is to provide areas in appropriate locations where various heavy industrial
operations can be conducted in any way as not to create environmental hazards to the
general public or property devaluation of surrounding uses. The language the applicant is
looking to add is in red "service filling station: No motor vehicle service filling station or
gasoline pump shall be permitted on any lot or within any structure in this district except
where necessary to service vehicles used solely in connection with the licensed business
permitted on such lot and, when so located, shall not be visible from view from the street.
To ARTICLE 6.11 THE I-2 (LIBERAL INDUSTRIAL) AS PROPOSED SUB-
SECTION 6.a. when located it shall not be visible from view from the street. So based on
your approval, if you choose to approve, once this gets put into the property, it cannot be
visible from the streets or public right of way. That is one of things we are
recommending.
Chairman Russell: Thank you. Are there any questions? Then we will call for the Public
Hearing.
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Member Rodriguez: I have a question. I just want to know, the property, how big is it, how
many acres?
Mr. Leger: The property is approximately 8.2, 8.3 acres. And that's including the piece that's
part of Miami-Dade County. Without the piece that is in Miami-Dade County, the
unincorporated area, it is about 7.7 acres. Do you want to vote or do you want me to continue
on?
Chairman Russell: No, we will continue with the public hearing. Public Hearing is now open.
Daunte Starks: Thank you Mr. Chair, Daunte Starks for the record. I'm OK with the.
Chairman Russell: Wait; wait....what about your address?
Daunte Starks: Well, I'm exempt as a former Law Enforcement Officer. You can check with
Attorney. I'm OK with the development, my concern is if you're going to permit the fuel, they
said up to thirty thousand gallons of gas. Now how is this going to be permitted? I know it is
not open to the public. Is it a series of inspections from Dade County? You know, dealing with
the buses. The many fires that we have had in Opa-locka, I'm just looking at it as a safety issue.
Where is the oversight coming in versus a regular public gas station? Because you're dealing
with, I'm assuming you're dealing with their large buses they will just be fueling their buses and
also are we receiving the revenue from this or are they exempt as we do from gas stations when
we do our yearly total for our budget that comes from all the utility tax, gas taxes and all that.
Are they exempt because they are buying their gas and they're just fueling themselves or the
usage based on tax comes back to the City as a percentage of revenue to the city? The safety
issue, is one I want to have addressed with the many fires and I know we are closer to Opa-locka
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Air Port, and you have those type of fires a certain type of engine or a large facility such as this.
And the gas station is so close to, I guess the main manufacturing facility, which I'm in favor of,
is it all on the same lot. Is the distance from there; is it a safety issue with the gas being on the
same lot with the manufacturing facility? Who is going to perform those safety inspections? I
want this to be on the record when you guys make the decision please. Thank you.
Chairman Russell: Who wants to address those issues? Who is going to address those issues?
Attorney Penn: I think I can start Mr. Chairman. First off, the new language is just the red
language. The language in bold already exist. This is what we're adding. Basically
subterranean tanks like any other gas system. All of that needs to be permitted through the
County DERM reviews all subterranean tanks anywhere, so that would be reviewed through
them. We can show you on the plan where they are, again we are talking about a simple pump
that many cities have for their Police cars, many of these existing surrounding uses already have
them and they are also currently allowed everywhere in the I-3 zone of the City. So all we're
doing is adding that to a more expansive district than I-3. Let me just show you this. You may
want to come up Daunte if you want to see this. I will talk about this when I get to the site plan
part,but the filing area here is right behind the proposed bus garage and bus wash area which is a
big thing for academy, buses must be always washed and clean. Come in washed, filled up, and
go and park. So that is basically where they are, how it works, they're not manufacturing on this
property. All this is, for all intents and purposes, is a giant parking lot with a repair garage and
this is just an added part of it. So, as staff indicated this is a very common thing, many
operations that deal with trucking, busing, etc., and it is consistent already with what you allow
in the I-3 district. So that is why we have requested this small amendment. And that is it.
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Chairman Russell: Okay are there any other questions?
Member Guerrero: It is consistent with the I-3 but not allowed in the I-2? I guess this is a
question for staff.
Mr. Gay: The issue that relates to the gas filling portion is the fact that it is going to be for their
own private use. It's not a public used gas station facility which is not subject to all of the other
issues as it relates to selling gas. They are basically utilizing it as a gas station to fill their own
vehicles to provide tourism services.
Member Guerrero: This is by the text, or there is no special exception in there? That is what
I'm not clear on.
Attorney Penn: The question is it allowed in the I-3 District; understand it is allowed by right
in the I-3 zone, right without any public hearing. So this is just like the comp plan issue, a quirk
of the code that we're fixing because I-3 is less intensive than I-2.
Chairman Russell: So the issue is not if the gas is to serve the public or not, the issue is that the
safety part of it and whether the city will gain any monies from this use or this type of facility,
using gas. Is there any revenue to the city?
Mr. Gay: As it relates to the revenues, those revenues are usually tied to gasoline that is resold
to the public. This particular facility is not reselling gas. They are basically, fueling their own
vehicles. They in essence will not be subject to the same rules as it relates to the gas tax for
private use as it relates to public use. They are not reselling, that is not the same thing. As it
relates to the gas station function itself it is not technically allowed in the I-2 by right that is why
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this issue is coming before you, because of the size of the property we feel that it is one the better
uses for this location. To allow them to have a gas station facility is proper as it relates to the
operation itself.
Chairman Russell: So zone three has this type of use already. Is this project in zone three? So
are we saying that zone three has it so I should be able to put it in zone two,because it is in that
same area?
Mr. Gay: The I-3 district has it by right and I-2 does not. That is why it is before you now.
Chairman Russell: I am really trying to grasp how they want to just write in their own
language to what they want. Like you said, the red is not what is in the permitted use, what is in
the permitted use is number six. Then what is under number six is what they have added for
their benefit, for what they want to do. I understand, but is that proper?
Mr. Gay: To give you a better understanding.
Chairman Russell: No I'm asking the Attorney, Mr. Attorney is that proper? This is the first
time I'm having this issue come in and they write in what fits them and it is not what is in the
permitted use. They are adding to the permitted use.
Attorney Brown: Normally that is how it happens. You have a zoning code or land use code,
and what they want, the use not proper or inconsistent with the zoning code or the land use code.
They work with staff and get a proposed agreement as to what would be the permitted use on the
property. And you see what happens is most times when you have these applications come
before you is because they are trying to tailor the amendment to the particular use they want on a
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particular property. So it is not uncommon, it is very common. Now whether you decide to do it
or not, that is a policy decision for this board.
Member Guerrero: So what exactly is it. Witch way are we going to frame it? Are we voting on
an amendment to this particular...I'm unclear on...I understand their use.
Attorney Brown: You are voting to approve the request that the applicant has made. That is
what you are voting to do. And the request has been laid out to you all in the agenda item that
has been presented. So you are either going to accept their request or reject their request or
amend the request that they made. So you have one of three options, vote it up, vote it down, or
amend the request as per your particulars.
Member Barnes: Mr. Attorney, I have a question. So, reading the amendment, there is more
than one I-2 zoning location within Opa-locka. This amendment would also apply to those areas
by adding this language to the bottom of point six, is that correct?
Attorney Brown: It is particular to this piece of property, that's why the legal description is
there. You are not making a comprehensive change to the zoning code or the master plan.
That's why they reference the property in the legal description. The property is referenced by
the legal description in which the amendment or the zoning change or use change is required for.
Member Barnes: So it is for this parcel only?
Attorney Brown: This parcel specific.
Member Guerrero: So what is the difference between that and spot zoning?
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Attorney Brown: In each situation, whenever you have these situations come before you, you
can call it spot zoning. If you don't permit some types of use you will not permit any
development in your city. So you have to make a decision as the Planning Council as to what
you will permit or what you will not permit. That is what you've got to do. So it is a policy
decision as to what you are going to permit. If you don't want to permit it, vote it up or vote it
down.
Chairman Russell: Any more questions? Was your question answered concerning the gas?
Daunte Starks: For the record I got a response from staff that I do not think is adequate. My
particular concern is not what they are bringing to the City, but the safety issue with the gas and
the revenue. So if we are going to maintain the fire hydrants, to make sure this facility is safe,
even though it is in I-2 and it is permitted in I-3 but if you vote to make the exception; but if the
gasoline goes in the ground and they don't go to the public gas stations that serve diesel in Opa-
locka where we would get the revenue off the gas for every gallon; and they are going to do it
privately which is more convenient for them, then their ought to be something there, some type
of revenue versus them going to a regular gas station to give back to the City based on the
amount of gallons given, because you are still using our facilities and our infrastructure. Now it
is not shutting the place down, not stopping them from bringing business to the City but at the
same time, every other bus and trucking company goes to a public gas stations. If we are going
to give in the I-2 then I think it ought to be some give when it comes to tax increments that come
off of gasoline because it is convenient for them. They are going to buy it wholesale, they are
going to put it into the ground, they are going to service it, and they are going to put it in their
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buses, at a cheaper rate and therefore based on what the Director of Community Development is
saying, they don't have to give us any revenue. That is my concern.
Chairman Russell: Any response to that?
Attorney Penn: Yeah, I think I can answer that. First off, I think it is important to remember
that this is not something unusual. Every large distribution center, an operation like a bus depot,
other uses like this, large places that have trucks that are constantly moving around, diesel
operations, when they can be this efficient they are this efficient. They have the pumping station
on the property. What this does for the City, gas taxes are not going to be paid as Mr. Gay said
on gas that is not being sold retail. That is just the way it works. It is the same for every single
business that does this; of course there are hundreds and hundreds in the County. The value to
the City, obviously, is you're getting a brand new development on a property that was essentially
unused for decades, which will bring jobs which will bring property taxes. We have already
agreed in our development agreement that we are not going to seek to reduce the value; we are
not going to seek to go and get our property taxes lowered. So the direct influx is of course
through property taxes, and the money that is spent and the jobs that are created in the City. That
is the bottom line, I can't remember the last time I saw an eighteen wheeler pull up to a public
gas station that wasn't a truck stop somewhere in the middle of nowhere. For example, Winn
Dixie, any of these big operations that are immediately to our East, they are all doing this. Those
trucks are being fueled on site and that is the most efficient way of doing business for any of
these large operations. All of these distribution companies, it is the same thing. It is nothing
unusual, the City already puts it in I-3, which is a lesser district that what we have. We have the
most intense district in the City. We thing it is appropriate that larger operations in the I-2 zone
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would also be permitted to do this. And as to the safety issue, as you all know, site plan approval
is required of any project anyway. So if there is someone who comes in some crazy idea about
putting some kind of fueling station on some property, this Council will see it, this Council can
deny such an application, which of course that is not the type of application that is before you
tonight because our fueling station is in the right spot. If there are any safety concerns, that is an
option the City will always have, you as the site plan reviewer, and of course permitting; DERM;
etc, that everyone has to go through. So again, not uncommon, it is the opposite, it is incredibly
common. Thank you very much.
Chairman Russell: Public Hearing? Are there any more questions? Ok can I get a motion for
it or against?
Member Rodriguez: I make a motion to approve the service filling station, to add a service
filling station to this project.
Member Tydus: I second
Chairman Russell: Roll Call?
Upon Roll call motion failed 2-3
Elio Guerrero No
Oria Rodriguez Yes
Germane Barnes No
Rose Tydus Yes
Calvin Russell No
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Attorney Brown read the next item into the record:
Item Number 3: ACADEMY BUS, LLC —DAVID LEHMKUHLU
PROPERTY OWNER: FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC.
ADDRESS: AT THE MOST WESTERN POINT OF NW 123RD STREET ON THE NORTH
SIDE OF THE STREET; Folio No. 08-2129-018-0010
DESCRIPTION: 10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE
COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N O1 DEG W 1 198.27FT SELY AD
135.88FT SO1 DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
OR 22784-2048 1004 2; REQUEST: SITE PLAN APPROVAL TO CONSTRUCT AND
OPERATE THE FOLLOWING: A 6,000 SQ. FT. OFFICE BUILDING, EMPLOYEE
PARKING, A 12,400 SQ. FT. BUS GARAGE, AND 150 OPEN BUS PARKING SPACES.
Mr. Leger: As stated by the Attorney, this is a site plan approval request by the applicant. A
little background, this is what the applicant wanted to go over which is the site plan and now we
are getting to it. The applicant's request is to construct and operate a maintenance facility, bus
parking and office building. The specifics are, the office building is 6000 square feet with
employee parking, a 12,400 square feet bus maintenance garage and 150 open bus parking
spaces parking lot. We are going to discuss the access points to this property, ingress and egress,
existing/proposed structure. The only way you can access this property is through a County
road, at NW 123rd Street. I think at NW 32nd Avenue there is a Winn Dixie at the entrance,
that's the only major road that takes you into this property. In terms of ingress and egress, access
point to the property, do you see the blue circle, that part, the southern-eastern edge of the
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property, will be utilized as ingress and egress for employees, regular vehicles. The red circle, at
the south-western edge of the property, at this point you will have the ingress and egress for the
buses that will be coming to the property. Going back to the slide, the orange part depicts where
the office, employee parking, patrons parking will be. The purple will be where the garage is
proposed, the maintenance and the blue is where the bus parking lot that the applicant is
proposing. This slide is a neighborhood compatibility to show the compatibility between the
proposed structure and the surroundings. As mentioned before this area is predominately, the
land use is industrial and the zoning also falls under some type of industrial area so it is
compatible with the area in which the property located as far as the use that is being proposed by
the applicant. Comprehensive Plan consistency, as mentioned before, you guys already passed it.
Currently the land use is not in compliance because it is utility and it needed to be industrial as a
land use designation. Zoning Code Consistency, as we discussed previously, it partially
complies because the use is permitted, however, there needed to be language based on the
applicant's request for the filling station, and that is why we are saying the zoning is partially in
compliance. This project will have to go for a fence variance because as you may know already,
our industrial areas require masonry concrete walls or decorative masonry walls for perimeter
fencing anywhere in our industrial areas. The applicant is proposing a chain link type of fence,
which will require a variance for this type of fencing. Staff recommendation- we recommend the
approval of this 6,000 square feet office building with employee parking, a 12,400 square feet
bus maintenance garage and 150 open bus parking spaces parking lot pending the following
approvals:
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• Comprehensive Plan Small Scale Amendment.
• Zoning Code Text Amendment
• Fence Variance
• All of the conditions listed in the staff report
• Any conditions listed in the Developer's Agreement
• Any additional recommendations from the Planning Council Board members
• Any additional recommendations from the City Commission
That is it for this item.
Chairman Russell: Any questions?
Member Barnes: This is a job creation question. Through the proposal you said that this
would be the new HUB for Academy Bus LLC, and I just wanted to know if that meant that
from the current facility you were going to be switching people from there to this facility. Or
will you be hiring new individuals from the surrounding area. I keep hearing the word job
creation, and I am trying to find out if jobs are being created or jobs are being moved.
Attorney Penn: Right now we are moving, but as we grow we will be hiring people. We
have eight people from the city working for us already as part of the operation. That is the
short answer. I wanted to take you through the site plan. There are some items that are a bit
unusual for the City of Opa-locka industrial areas. First and foremost, is the amount of
landscaping that is going in. If anyone has been in this area and the unincorporated area, like
the area to our North and to our South what you don't see on most industrial properties is any
landscaping whatsoever. That is one of the great advantages you have of modern
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development coming in is that we are now subjected to the current landscape standards that
the County applies county-wide. If we take a look at the property as it exists, it is a sandy
mess with invasive trees, and plants, that need to be removed. One of the elements of our
plan is to install a significant amount of landscaping all around the property. We are
installing 44 new trees, 90 % of which are native, the number of shrub plants and hedges is
around 3000 or above that are going in. We are planting native species for a reason, because
that means they'll be here in 10 years they're not going to be eaten by some pets because their
natives. We think of that as everything else is a complete benefits to this project for example
just north of that we have Cairo Lane, no street at all we have nothing it's the complete
opposite of this. Not to be repetitive again we have 2 real element to this project we have the
office building on the south which also is associated with the employee parking lot we have
about 154 space for people coming and going and we have the propose bus garage. The
garage area and the parking will have a gate, to prevent folks from coming in there that aren't
supposed to be there. Of course we have first class very modern design, let me show you the
elevations. This is the garage which again is a garage but it's very nice and clean design. This
is the south elevation so it has a lot of glass windows and also facing east was the actual
garage doors are located. This is the office building three stories high again this is very nice
and modern construction. Overall, it will benefit the city. It's consistent with the entire site
plan. Then again we've done a lot of work here to make sure we are limiting the interactions
between the buses and regular vehicles. The entire left of the property that's the basics of the
site plan if you guys have any question I am open to answer.
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Chairman Russell: any question from the board?
Member Rodriguez: Will there be any kind of Arabian motif design or something added to the
building I believe that the city wants that.
Attorney Penn: I'm trying to remember if the city is still enforcing that for industrial properties
the idea that we have is a very clean type of modern design and simple design and this is really
not a building that's going to be seen by the public it's always from the public views adjacent to
railroads lines and spurs. And the staff never requested it. Therefore we have designed short of a
clean model of modern design that's easy to maintain and the long-term standpoint.
Member Rodriguez: Can we hear from staff:
Mr. Gay: As it relates to the Arabian motif for the property in most cases we do look at it as a
requirement for buildings that are going to be adjacent or visible from the public mostly on your
major commercial corridors and you're downtown district where we would like to celebrate and
reflect that particular design. As it relates to the industrial area that has been an attempt by
previous developers to add some type of accent that can be viewed as a motive somewhat
Arabian and one sense and there has been some good attempts at it and some not so good
attempts at it. None the less, attempts were made if the board so desire to request this particular
applicant makes a request to have some type of Arabian motif you have the opportunity to do so
but we as staff did not make it a particular requirement because it's an industrial use and it's not
going to be visible pretty much from the public views and we felt that it was not necessary to
have it with Arabian type of motif design.
Member Rodriguez: Thank you.
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Chairman Russell: Any other question? Mr. Gay concerning the wall most folks would put up
the requirements. Isn't that a requirement for them to do?
Mr. Gay: Iit has been a requirement and it still is a requirement as we're looking into what's
occurring into the industrial area where we want to make sure that we prevent any
encouragement not acceptable concerning graffiti. There is a lot of graffiti that's done for most
of the industrial areas that a property owner or business owner will have to deal with. When you
deal with either something of a decorative fence or an enhance chain link fence the sense of
graffiti or destruction of property is less and it could become less apparent as opposed to shrubs
with chain link fence. If you so choose this particular type of item is something that could be
referred to the zoning board because the zoning board does deal with variances and regards to the
type of fences that goes on a property versus a concrete wall.
Chairman Russell: So what have we done in the past in order for them to do fence, did the
project get variance?
Mr. Gay: From the recommendations of this board, they were referred to the Zoning Board of
Appeals and the Zoning Board of Appeals actually approved or denied them to do chain link
fence vs. a concrete wall.
Chairman Russell: Any other question? Public hearing is open, public hearing is closed. Can
we get a motion to approve or deny.
Member Guerrero: I give a motion to approve the site plan with the recommendations of staff.
Member Rodriguez: I second.
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Chairman Russell: Can we get a roll call.
Upon roll call motion passed 5-0
Germane Barnes yes
Elio Guerrero yes
Rose Tydus yes
Oria Rodriguez yes
Calvin Russell yes
Attorney Brown: Item Number 3: ACADEMY BUS, LLC—DAVID LEHMKUHLU
PROPERTY OWNER: FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC
ADDRESS: AT THE MOST WESTERN POINT OF NW 123RD STREET ON THE NORTH
SIDE OF THE STREET; Folio No. 08-2129-018-0010
DESCRIPTION: 10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG
SE COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD
135.88FT SO1 DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
OR 22784-2048 1004 2
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REQUEST: THE REQUEST IS TO CONSIDER OF DEVELOPMENT AGREEMENT
APPROVAL FOR THE NEW CONSTRUCTION AND OPERATION OF THE FOLLOWING
6,000 SQUARE FOOT OFFICE BUILDING EMPLOYEE PARKING A 12400 SQUARE
FOOT BUS GARAGE AND 150 OPEN BUS PARKING SPACES.
Chairman Russell: Does Community Development have anything?
Mr. Leger: The request has already being read to you this is the development agreement its an
important document this is pretty much a live document has a stand right now. There is one that's
part of the package if there is anything that she would like to add or any concern that you may
have with anything about this project you can address it now. One other thing is that the City of
Opa-locka has been very active on making sure that whatever development that's coming in the
city within their construction phase process that they gave the opportunity for employment to
Opa-locka residence. As you can see and the development agreement this is just supplemental or
echoed what's actually on the development agreement which are maintain 100 percent of the
proposed site plan, extend employment opportunities to the city of Opa-locka residents, one of
the concern that staff has with this proposed development agreement is the construction phase
and timeline as part of your packet for the development agreement the applicant has
recommended or proposed a different timeline from what the city usually ask for.
Chairman Russell: Is it more or less?
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Mr. Leger: The applicant has requested more time. Its part of your package under development
conditions you'll see the sections under as the proposed timeline by the applicant and the
strikethrough represent what the standard requested timeline from the city. Compliance with
resolution number 50/50 fare share agreement, maintain 100% of the site as proposed on this site
plan. This is important as the applicant stated earlier that the owner or any assigned successors
may not seek for a lower property assessment through the Value Adjustment Board with (VAB)
for the subject property during the 30 year of the development agreement. This is done in effort
for the city properties to maintain or improve the property values citywide. Also all fees related
to the subject property or liens related to code enforcement shall be in satisfied status prior to the
execution of this agreement. Even though there are no noncompliant physical structure on the
property it is standard for the city to ensure the removal of any noncompliant physical structure
within the subject property prior to the execution of this agreement. Also code enforcement shall
be allowed to enter the property pursuant to F.S. ch. 163.3235. The City shall visit the property
as twice a year to determine compliance with the development agreement terms and conditions.
Chairman Russell: Are you all in agreement with the time line?
Mr. Leger: The timeline we usually recommends is not the same as the proposed timeline by the
developer, and it's a decision that you all can make here today in light of getting a set timeline
for the developer's to abide by of course in consideration or their request and circumstances.
Chairman Russell: They want an extended time?
Mr. Leger: It's a decision you all can make.
Mr. Gay: This is the information that we proffered to the developer as far as a timeline of course
we would to move as expeditiously as possible even if at a faster time that will be even better.
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However we are to also consider unforeseen circumstances as it relates to approvals that are
outside of the City's scope. Yes we are in agreement with the information that has been
provided.
Chairman Russell: Thank you, any other question?
Member Barnes: So how much extra time is needed?
Graham Penn: Our goal basically is to start as soon as we can. All we ask for is to be able to
have the flexibility through the manager for having the ability to request time extension if
needed. Instead of six months, we asked for 12 months and so on. If the Planning Council
recommends the standard number then all we would ask is the ability to ask for extension
through the manager if needed to.
Chairman Russell: You are not just asking to extend the time for a couple of month. You
basically asking to be able to move forward you asking for a year, which to me is a big
difference from six months.
Graham Penn: Again we have to go through you, we have to go through DERM, we have to go
through every other process that's involve in this process for the application we don't know
what's out there. Some application are a pain to go trough and it takes a while to get things
approve through. So we are trying to as fast as the City can move, and the County and that's we
just trying to provide ourselves with that flexibility. An again if the Council want to suggest a
lower number as long as the manager can provide us with time extension for good cause we're
fine with it. You now we had put in our language 12 months extension for both permits and for
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the construction through the Manager for good cause as long as that language is in there I'll be
more comfortable with the standard 180 days that the City is recommending. Because that would
allow us with ultimate flexibility if something comes up that put our feet to the fire to move
forward. I mean I can tell this entire package is necessary for us to go forward. So that mean
including and I know that we've already voted on it, including the filling portion of it the
gasoline portion of it with the absence of any of these element I'm either illegal to the City or
this is something we can't do. So again we are eager to move it forward we will, if the will of the
Council to return to the typical number we won't mind as long as I have the flexibility and ability
to seek an extension through the manager I'm fine.
Chairman Russell: Ms. Tydus,
Member Tydus: Thank you Mr. Chair, to the Director, what is the penalty to whatever
noncompliance to whatever terms that are set?
Mr. Gay: Usually the Penalty as it relates to noncompliance is usually towards the approval
process. There is not really any place you can place any real penalty that construed to financial or
things of that nature, if it don't meet a particular timeline you really have to measure it in the
scope of their development type and timeline. As a good corporate citizen we're expecting them
to be if they foreseeing difficulties ahead there the ability to seek an extended timeline will be
most appropriate. In some cases we've had property owners or developers who have proffered
differently in regard to this agreement and turned into deaf ear to the City and not following the
terms of those actions that they so desire to do. We're actually looking into having the ability to
retrieve back prior approvals for affected projects for lack of a better phrase and that's actually
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another item. As far as this particular item we believe that they will follow through they have the
desire and they do have the team in place to do this particular project and go through this
particular process. We do not for see that there will be any particular issue with this project not
following through any particular timeline.
Member Tydus: Thank you.
Chairman Russell: Mr. Gay, so if I heard the gentleman correctly he said that regarding the gas
station it can hinder them from moving trough because the gas station didn't pass? Because he
said its either we want it or not? I didn't understand that statement please help me understand
that statement because it has been voted down.
Mr. Gay: With that particular item you have to look at this particular item in the same form of
other related type of Businesses Corporation such as FedEx or UPS. They do not drive up to any
particular gas station.
Chairman Russell: That's not what I asked.
Mr. Gay: I'm sorry, I misunderstood.
Chairman Russell: Due to the fact that the item didn't pass, and he said that whether we wanted
or not. Is that why he feels that he needs to more time to complete this project, that's all I'm
asking yes or no?
Mr. Gay: Yes, it can possibly hold up the project.
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Chairman Russell: Ok, any other questions? Thank you, public hearing open: Dante Starks
once again, I made a comment, but after hearing the comments from the Community
Development Director gives me the mindset maybe he needs to sit down here with the company.
Because my position is on the welfare of the City, now how we get to FedEx and UPS and those
other company. I'm talking about Opa-locka they're in Hialeah. So whatever they went to in
Hialeah, amenities, they worked out with Hialeah it was good for Hialeah. In the City of Opa-
locka with the numerous amount of fire we've had, the County Commission is even concern
about the amount of fire we've had in the City of Opa-locka. I'm not trying to run a business out
and I'm not speaking against the applicant. I'm speaking on behalf of the City and so the
comments I made is in regards to the tax revenue. The City is going trough hardship therefore we
need to recognize when opportunities come for us to see revenue no matter how small of an
amount but it adds up. The acquisition is if they going to drop those tanks on the ground and
they're not going to contributing anything to the City tax revenue because of their exemption for
service station then in lieu of that they should put in the development agreement some type of
impact fee or monetary incentives even if based on a yearly basis especially for a company that
size whatever the Council or the City Commission decided or work out for that amount to be
then that's what it should be. It's not a matter of proffering for other city and what they're doing
is about the City of Opa-locka. That's why I got up, for us to seat here and the Community
Development Director give a shout to other company and other cities that's way out of line. I
want that on the record. I didn't hear you Council.
Member Tydus: I said thank you very much. I'm speaking through the Chairman I thought he
was in charge, Mr. Chairman, but raising your voice is not necessary.
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Dante Starks: Thank you.
Chairman Russell: We don't want to go there, because I've heard voices rose louder before in
this place. He wasn't disturb or rudely so that's it. Public is open say what you have to say and
then we move on. Any other questions, public hearing still open, public hearing close. If there's
no further question can we get a motion to move it or reject this project?
Member Guerrero: I motion to approve the Development Agreement with the staff
recommendation.
Member Rodriguez: I second the motion.
Chairman Russell: We have a second can we get a roll call:
Upon Roll call, motion pass 5-0
Germane Barnes - Yes
Oria Rodriguez - Yes
Elio Guerrero - Yes
Rose Tydus - Yes
Calvin Russell - Yes
Graham Penn: Thank you very much.
Attorney Brown: 5th and final item. The applicant is the city of Opa-locka Community
Development address is 3400 NW 135th Street, Bldg. B, Opa-locka, FL 33054. The request is for
the City Commission to consider an ordinance adopting the city of Opa-locka HUD Community
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Challenge Grant base amendment to the Comprehensive Development Master Plan (CDMP) and
land use map also known as the sustainable Opa-locka 20/30 Comprehensive Plan and
authorizing transmittal to the Department of Economic Opportunity (DEO) and other review
agency.
Chairman Russell: Mr. Gay, you have a presentation, I like to say that, this issue has been on
board we been having a lot of workshops and meetings leading to one thing to another with this
project. So, I don't think we all have to spent a lot of time recapping and repeating over and over
what has already been said so let's get the facts out and get this project done then go home.
Mr. Gay: Mr. Chair what I like to do because this was an item that was deferred from our last
meeting and then the deferral was based on a document that was presented from our last meeting
by one of the Board Member relating to three amendments as it relates to the comp plan.
Basically what I like to do is to make a presentation to address what was discussed and how the
city is addressing the concerns relating to those amendments.
Chairman Russell: That's fine.
Mr. Gay: Ok, the first amendment and actually the document give several different references, I
guess you can say some comp plan language and in some cases the language reflected some item
that could be address by the comp plan and other cases the items were related to the Land
Development Regulation. This is the next document that will be brought before you. We
reviewed all that information and were able to determine which particular item need to go
forward as a part of the comp plan and which were to go forward as a part of the Land
Development Regulation. As it relate to the first item which dealt with the mix use. There was
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expression of concern that the city had a zoning overlay for mix use and that particular zoning
overlay covers a significant amount of area within the city, when that particular item was first
proffered as a zoning overlay it only addressed at that particular time the major commercial
corridors that would be 135th Street, 27th Avenue, Ali-baba Avenue and 22nd Avenue and the
connector those were the primary streets that they talked about. That particular document did not
have a map associated with it at the time, so that particular legislation was amended with a map
showing where this coverage actually occurred and the city commission approved that particular
item. As is stands right now that is legislation that has already been passed, its already been
codified and it is recognized within the industry today in order for the city to back track and try
to reduce the amount of areas that were a part of this mix use overlay the city would actually be
subject to some property rights issues, because you are now giving property owners an
opportunity to do mix use in certain areas of the city and for the city to go back and try to reduce
some of those areas, you actually would be subject to a law suit and we don't necessary want to
have the city in that particular position right now, at the same time we do have to recognize and
understand that was done by zoning and not by land use at that particular time. So that
particular item we feel that we cannot move forward with, and actually it's a zoning item there
are some land use language that we are including to recognize those areas that have already
moved forward as a part of that and those areas will be addressed within the comp plan and the
language will read as such, so that particular item in not going to be moved forward on at this
particular time. The other item is the second amendment relating to single family attached
homes, and when we looked at that particular issue we actually did not have any reservations at
all, introducing a new type of housing product to the city of Opa-locka. it's a housing product
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that is being utilize in other part of the county and depending on the benefits of materials using
in construction, it can be viewed as an affordable option for those who desire to have a property
or house that is connected to another house, is very close and formal fashion to townhome
development, but in this particular case instead of you being attach to maybe four, five six
houses all connected together which is commonly called clustered homes, this is a situation
where you only have two in most cases that particular type of housing product is allowed within
our code as is right now and we are going through the process of amending the land use
regulation to identify and actually accept this as a potential housing product for the city of Opa-
locka. So that is an item that also will be addressed under the land use code and not necessary a
comprehensive plan item, because it will still be under a residential use, so that is how we are
going to be addressing that particular Amendment. The third amendment that was brought to our
attention focus on the area just west of the downtown area known as the barracks and it actually
ask us to look at and expend the mix use opportunities or having a mix use overlay apply to the
entire barrack area, as it relates to some of the studies that were done and there was one study in
particular that was done for the barrack area, this was a study that was commission by Opa-locka
community development corporation and it was conducted by University of Miami school of
architecture, we looked at that particular study and it recommended a gradual decrease in height
as you move from the focus area along Ali-baba avenue and then as you move further to the
north, it decreased in height and which basically mean it went from a median scale mix use
residential development, but by the time you got closer to the single family home the only option
that will be available as it relates to residential development would be your duplex housing or
townhome type development. The opportunity for a mix use to occur within that area of the
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barracks area it did not seen to be as apparent because you decreasing in density and you are
decreasing in your ability to add a mix use which is in essence adding a commercial or a office
type use in addition to the residential use. That ability to do that as you got closer to the single
family home was reduced where we have the mix use occurring now is pretty much in between
Ali-baba avenue and fisherman which is where you have a higher opportunity of density as it
relates to the study and what was recommended as a part of that study, the study recommended
heights of anywhere from 5 to 6 story, you have an opportunity to introduce a mix use within
that particular area versus as you go further closer to the single family where the maximum
height that has been recommended by the study was 15 feet which pretty much says you either
doing a 2 story townhome or 2 story duplex. Based on that study and based on the information
that we were able to ascertain it made the best sense to us that the opportunity for mix use pretty
much occur within the area that are already covered by the mix use and about 40% of the lands
that are in the barracks area are subject to the mix use overlay which is in existence now. So
because we thought it would be a little bit premature to have the entire area designated as mix
use. It is our recommendation that the mix use overlay as it exist right now remain as it is and it's
primary in between fishermen and Ali-baba. That in essence address all of the concerns that were
brought forward in relationship to the Comp Plan I think we pretty address what was something
that could be address by the comp plan vs. something that will be address by the land
development Regulation and we will be presenting that particular document before you probably
within the next 30 to 45 days. So that you can see where that's much more applicable. That
concludes my presentation.
Chairman Russell: Thank you Mr. Gay. Any one has any question? No question.
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Member Rodriguez: No question, I just have something to say and I want this on record.
Regarding the amendments those three amendments a Planning Council was the one who
presented them and it should have been OLCDC that should have come and presented it. We
have to understand that the Planning Council is a quasi judicial board. I don't think it's right for
a Councilman to speak on behalf of another company, I think it's illegal that should not have
happened. I don't think it's legal that's how I feel. I was ready to vote for the comp plan and then
when these three amendments were presented and I discovered that this councilman works for
the OLCDC and he is up here presenting those things and I think this is not right. OLCDC I have
nothing against you, and I know that you have done a lot of good things for the city but things
have to be done the right way. I think that's illegal and somebody should look into that because a
member of the board should not be representing another entity to me it's a big deal I don't think
that should have been done that way.
Member Barnes: Can I reply? Am I allowed to respond Mr. Chairman?
Chairman Russell: Sure.
Member Barnes: Just a clarification so that everybody on this board knows. I am not
contractually employed by the OLCDC on the record name Germane Barnes Councilman
appointed by Commissioner Pinder is not contractually employed by the OLCDC. So slandering
and saying that is false, so I just want that on the record thank you.
Chairman Russell: Ok, we are not going back in forth you both said what you had to say, let's
move forward with the agenda that we have ahead. At this time do we have anymore question for
Mr. Gay if not public hearing is open. I'm only going to allow 3 minutes no more than 5 minutes.
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Mr. Cambric: (OLCDC Consultant) good evening Mr. Chairman and Councilmen I would
brief. So very quickly, Mr. Gay did outline for the three areas that has been a concerns for the
OLCDC in a nutshell, the corridor mix use, The Barracks and the magnolia gardens area to have
the ability to do single family detached homes. There are still concerns some of the concerns we
are at the cost of adopting a plan that change how the community functions. You should take
every opportunity while you do it to put forth the best comprehensive plan instead of delaying
action or using other techniques instead of using the plan itself. Very quickly in terms of the
corridor mix use areas; first and for most under Florida law until you take action in the
comprehensive plan there is no legal development right. Right now if I live or own any
properties within the corridor mix use overlay area and gotten an approval last year that the
zoning code allowed regarding a mix use development. The comp plan doesn't allow it and you
cannot under Florida law put a zoning code before the authorization of the comprehensive plan.
Additionally if there is a concern about Bert Harris, the last iteration of the comp plan in the mix
use you were doing 150 dwelling unit per acre for residential that amount of density has been
reduced in this version. So you do have latitude to make adjustments there. I think what you are
doing unfortunately you want to redevelop your downtown, you want to redevelop magnolia
north but you creating such an intense amount of completion by making mix use almost three
quarter of the City and also you haven't done any compatibility test. Cuyahoga has not yet been
redeveloped. You try to preserve the single family use you put where there is 36 dwelling unit
per acre plus commercial or office and so the initial study said that the limited area which is Opa-
locka blvd, from city hall to 27 avenue, 27th avenue from Opa-locka blvd to Sharazad, and then
Ali-baba from sesame and then west of on 27th, don't over allocate. You put the cart before the
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horse. You can't take it back once you do it. But if you start up with target redevelopment then
you can go forward. Our recommendation as an amendment at this time if you get ready to move
the comp plan; is that you make the change to reduce the Corridor mix use area down to those
recommended amendments presented by the OLCDC, magnolia gardens area; the comp plan
specifically says low density residential shall be limited to single family detached unit. You can't
fix that in zoning by coming back later and saying g that I write a zoning code that in conflicts
with the comp plan to allow for single family attached. Fix the comp plan right now; two words
add a category addressing the magnolia gardens low density single family that starts the area
where you wanted to change. It's one quick change and it solved the problem also allows you to
see how that functions throughout other areas of the city. The Barracks; what you have done
there instead of a uniform development plan you have three area of redeployment instead of
treating all property owners uniformly now you get treated differently one plan of development
is the proposed, thank you.
Chairman Russell: Thank you sir, public hearing still open 3 minutes.
Dante Starks: The Barracks if you look at the Barracks and you look at Miami Lakes the
opportunity when you're talking about mix use. You can because that's a gateway coming in on
the west side of Opa-locka. That's my position on the mix use you can carve that out. Downtown
can't sustain itself without the use type coming in and that's going to pulled them in. on the very
east side where you talked about magnolia gardens specifically we have to carved out an area
that is very depressed that's a very depressed area. Even with what they talking about Cuyahoga
if you're going to build that up if you see that those are very large lot with just those small homes
there you'll never pull in new people. There is more senior living so if going to pull in that area
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to build it up if you going to other part of the County the lots are big enough to put single family
attached unit. Just the area across from the magnolia north area south of state road 9 to Ingram
park and watch that blossom with the lake front and all of the amenities from the east side. Not
the rest of Opa-locka but if you do just that section. If you send it up without it then you have to
go the Commission and go to the process for every lot and when people find out they have to go
to a lengthy process for zoning instead of coming in and be able to build quicker that's when
they go to Miami Gardens, and elsewhere as they allowing the new attached homes more
affordable for young people to come in and get homeownership, thank you.
Chairman Russell: Thank you, public hearing still open. Public hearing close. With our 20/30
Comprehensive Development Master Plan, there has been a lot of effort added, this board has
been very active along with community development conducting workshops just to come to an
agreement in order to move this comp plan for the City forward that's important and also we had
asked that the two parties to come together and talk things out and that opportunity has been
given. I'm not speaking for everyone else; we have to move the city forward. As we move the
city forward things goes to the Commission and whatever else and zoning that's going to be done
we make sure to continue to work together in unity to make sure it's getting done. There we
can't keep holding the process because we can't come to a total agreement on everything. So I
think you for your effort or what have you, so at this time the comp plan as bee presented to us at
least three time and we already know what it is before us. If there is no other question we need a
motion to send this 20/30 Comprehensive Development Master Plan forward or denied.
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Member Guerrero: I give a motion to move it forward as it stand; I'm confused about one
thing. During the last meeting Mr. Barnes presented some amendments then we tabled it, does
that motion still stand or.
Chairman Russell: That motion was withdrawn. Mr. Gay: can we get some clarification from
the attorney. Attorney Brown: the Motion was withdrawn so that motion is not on the floor any
more. Mr. Gay: recommended against those amendments. Chairman Russell: therefore what is
before us tonight is the original 20/30 Comprehensive Development Master Plan.
Member Guerrero: I motion to approve that.
Member Rodriguez: I second it.
Chairman Russell: Can we have roll call.
Upon Roll Call, motion pass 4-1
Rose Tydus - Yes
Oria Rodriguez - Yes
Germane Barnes - No
Elio Guerrero - Yes
Calvin Russell - Yes
Chairman Russell: Any other business by staff or update, I hope you are not keeping us for
long.
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Mr. Gay: There is no other business but I do have some news it's my understanding that one of
our board member is going to be leaving us. Ms. Oria Rodriguez is going to be taking new
residency up Central Florida, I guess she will be part of a new Planning Council Board and I
believe this is her last Planning Council Meeting in the City of Opa-locka so I would like to say
thank you for the services you've provided to the city not just as a board member on the Planning
Council but also as a former employee of the city of Opa-locka. A lot of great things that have
been done under your stewardship and leadership. Therefore we thank you for all that you have
given this great City, we appreciate it.
Member Rodriguez: It has been great pleasure for me to serve the city, I love the city. I sure
hate to leave but life goes on we have to move on because our family and kids are up in Central
Florida we've decided to go up there now but I'm taking the city with me in my heart and I thank
everybody that has been so good to me all these years. I've worked for the city for 30 years and
was very happy during that whole time. Thank you all.
Chairman Russell: I mostly thankful for all that you've given me on how to conduct the
meetings and I'm still trying to learn and wish you and your family well and just don't forget us.
Member Rodriguez: No I will never forget. I'm always online checking on Opa-locka.
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V OTHER BUSINESS:
No Other Business
VI ADJOURNMENT
Chairman Russell motioned that the meeting be adjourned.
Meeting adjourned at 9:13pm
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Submitted by
Kinshannta Hall
Planning Council Clerk
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
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Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No.(TBD)
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING
TO THE APPLICATION OF:Academy Bus Facility
FOR:COMPREHENSIVE PLAN AMENDMENT(SMALL SCALE)APPROVAL TO CHANGE THE
LAND USE FROM UTILITY TO INDUSTRIAL OF THE ABOVE MENTIONED PROPERTY
DESCRIBED BY ITS LEGAL DESCRIPTION SPECIFICALLY FOLIO NO.08-2129-018-0010.
WHEREAS, applicant has appeared before this Board for the request in the application, and all
evidence, documents and exhibits have been received and marked pursuant to the Code of
Ordinance of the City of Opa-locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
1) That the request in the application by the applicant be and the same is hereby
a. APPROVED 111 DATE:05-05-2015
b. DENIED ❑
c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held
on_/_/
2) That the following special condition be and they are hereby imposed, conditioning the
determination aforementioned:
a.
b.
***The Planning Council Approval of this request was approved by a 5—0 vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and
correct copy as is reflected upon the public records of the City of Opa-locka this day of
criA.A;7 &de/
Chairperson or Designee