HomeMy Public PortalAbout18-04 APPROVING THE REQUEST TO REZONE 275 SABUR LANE 1ST READING: 04/16/2018
2ND READING: 05/09/2018
PUBLIC HEARINGS: 04/16/2018 & 05/09/2018
ADOPTED: 05/09/2018
EFFECTIVE DATE: 05/09/2018
Sponsored by: City Manager
ORDINANCE NO. 18-04
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF OPA LOCKA, FLORIDA, APPROVING
A REQUEST TO REZONE FROM R-1 TO R-3, THE
PROPERTY LOCATED AT 275 SABUR LANE AND
IDENTIFIED BY FOLIO 08-2121-003-0150 AND BY
LEGAL DESCRIPTION LOT 7 IN BLOCK 102 OF
"REVISED PLAT NO. TWO OPA-LOCKA",
ACCORDING TO THE PLAT THEREOF, AS
RECORDED IN PLAT BOOK 34,AT PAGE 67 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA;
PROVIDING FOR AUTHORITY; PROVIDING FOR
CODIFICATION; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR CONFLICT; PROVIDING
FOR LIBERAL CONSTRUCTION; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR EFFECTIVE
DATE.
WHEREAS, pursuant to Article 1 and Article 2 of the City of Opa-Locka Code of
Ordinances ("Code"), the City Commission has the power to adopt and modify the official map
of the City of Opa-Locka ("City"); and
WHEREAS, pursuant to Article 1 and Article 2 of the Code, the City Commission has
the power to regulate and restrict the height and number of stories of buildings and other
structures, the size of yards and courts, the density of population and the locations and use of
buildings for trade, industry, business, residence or other purposes; and
WHEREAS, Ordinance 15-31 Section 22-54 of the City of Opa-locka Land
Development Regulations, provides the criteria for the City Commission to approve a rezoning
request; and
WHEREAS, the applicant's request is to Rezone this property at 275 Sabur Lane from
R-1 to R-3; and
Ordinance No. 18-04
WHEREAS, the applicant and the legal firm of Bercow, Randall, Fernandez & Larkin on
February 6, 2018 presented their request to Rezone this site from R-1 to R-3 to the Planning &
Zoning Board and the request was recommended for approval by a 3 to 0 vote; and
WHEREAS, the applicant is now presenting this request for Rezoning approval to the
City Commission to be able to return this property to compatible use.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
SECTION 1. RECITALS.
The above recitals are true and correct and incorporated herein as though fully set forth
below.
SECTION 2. APPROVAL OF REZONING.
The request to Rezone this property from R-1 to R-3, as legally described herein, is
hereby approved.
SECTION 3. CONFLICT AND REPEALER.
All ordinances or resolutions or parts of ordinances or resolutions and all sections or parts
of sections in conflict herewith, are hereby repealed.
SECTION 4. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the provisions of
this ordinance shall become and be made part of the Code of the City of Opa-locka as
amended; that the sections of this ordinance may be renumbered or re-lettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTION 5. SEVERABILITY.
If any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECTION 6. SCRIVENER'S ERRORS.
Sections of this Ordinance may be renumbered or re-lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager, or City Manager's designee, without need of public hearing, by filing a
corrected or re-codified copy of the same with the City Clerk.
SECTION 7. LIBERAL CONSTRUCTION.
The terms and provisions of this Ordinance shall be liberally construed to affect the
purpose for which it is adopted.
SECTION 8. EFFECTIVE DATE.
Ordinance No. 18-04
This Ordinance shall take effect immediately upon the adoption and subject to the
approval of the Governor of his designee.
This ordinance was moved for adoption by Commissioner Riley.
The motion was seconded by Commissioner Pigatt, and upon being put to a vote, the vote was as
follows (motion passed by a 4-1 vote)
Commissioner Holmes NO
Commissioner Pigatt YES
Commissioner Riley YES
Vice Mayor Kelley YES
Mayor Taylor YES
PASSED AND ADOPTED this 9th day of May, 2018.
ATTEST: CITY OF OPA-LOCKA,FLORIDA
) �/
By: :�'k AVik ` %V By: , /,
Jo. a Flores, City Clerk Myra L.I aylor, ayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
THE BROWN LAW GROUP, LLC, City Attorney
1 1
DIRSDMI11110119 EC NEIGHBORS 113NW
NIMINRIABLON
-A-D PUBLIC HEARING
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ZONING HEARING
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BOARD OF COUNTY COMMISSIONERS ..,
THURSDAY,APRIL 261_2018-9:30 A.M. crry OF OPA-LOCKA,FLORIDA
COMMISSION CHAMBERS-2ND FLOOR NOTICE TO THE PUBLIC
STEPHEN P.CLARK CENTER
NOTICE IS HEREIN GIVEN that the City Commission of the (in, of
111 NW 1 STREET MIAMI, FLORIDA
P Opa-locka. Florida hill hold public hearings' at its Regular Commission
a : :
•.a., 04.1 , • ' ea., , II ..: : 6 Meeting on Wednesday.April 11„2018 at 7:00 p.m.at the Sherbondv Village
I'il'i ' '• ' or • I'. '11■111ti '14Ni:rep •T•ii, Auditorium, 215 President Barack Ohama (PerviA Avenue. Opa-locka.
1, FZEI&LLC, 117-1701 Florida to consider the follossing:
Location:Lying south of SW 56 Street,approximately 470'West of SW 99 RFSOUTI1ONIPLBLIC HEARING;
A RESOLUTION OF THE CITY COMMISNON OF'ME all OF OPA-LOCIA, FLORIDA.
Avenue,ANA 9990 SW 56 Street,Mierri-Dade County,Florida, APPROVING 1HE FINAL NAT TO CIDSE,VACATE AND ABANDON THE FASEME'sfl LOCATED
Size of property: 1.07 Acre UNDER A MAREHOESE BUILDING LOCATED AT 2040 NW 141°SHUT OPAADCIA.FLORIDA
AND IDE'iTIF1FD BY FOLIO 08-2122-017-0250 AND IICAL DfSCRIPHON:LOTS I HIRE 3.
The appricani is appealing the decision oi community zoning Appeals AND LOTS 22 THRU24,BLOC%2 Of'HARM.SlIBDIVISION",ACCORDING TO THE PAT
., THEREOF,AS RECORDED IN RAT BOOK 61,AT PAGE 76,OF DIE I'IBIJC RECORDS Of
Beerd#12,*41°1 denied**heti Prettidice the . a a.A C4stncl "' '" VHAVIAMILE COUNTY,FLORIDA.IN THE I-1 marr INDUSIRIAL DISTRICT;PROVIDING RECORDS
ChantJe.trom ED-S(S1191e-F Suburban Estate 0
t
'•''' minimum 25.1 I I INCORPORATION OF RECTUMS;PROYMIN( FOR AN ilnrror DATE
sq.ft.tot area)to I3U-1A — Business Distrid),& o permit the following .
=rat
non-use variances:an budding with setheia less then required from ,01,1"- *-' '11 .- i''-'0" q-ik '''- *I •'-' '-''
properly rele,end ro remit less landscape of open space,a more socr.area ORDINANCE OF TIIE COY COMMISSION OF THE CITY OF OPA LOCIA, FLORIDA,
APPROVING A REQUEST TO REZONE FROM R-I TO R-3,THE PROPER1Y LOCATE!)AT 175
ratio than required,
SABUR LANE AND IDE74I1FW)BY FOLIO 118-2121-11034150 AND BY LEGAL DESCMPTION
LOT 7 IN BLOCK 102 OF'REVISED RAT NO.TWO 01%-LOCIA1,ACCORDING TO ME FIAT
Al persons are entitled to attend and to spoil at zoning hewing& However, IIIEWIOF,AS RECORDED N MAT BOOK 34,AT PACE 67 OF DIE PUBIC RECORDS Of
the courts have ruled that it is impropet to contact a Board member ixErvidualy, DADE COUNTY,FLORIDA;PROVIDING FOR AUTHORITY;PROVIDING FOR CODIFICATION;
either oraly or in writing,about zoning applications. PROVIDING FOR SCINENERS ERRORft PROVIDING KM CONFLICT;PROVIDING FOR URINAL
CONSTRUCTION;PROVIDING FOR SEIIRAIRAY;AND PROVIDING FOR FITECIWE DATE
Those items not heard prior to the: •. .time for this meebng,will be deferred sEceND INAKNG oRmAticEsipuguc twARING:
to the next availabie zoning hearing :-:i' a date for this board. AN ORDNANCE OF 11IE all COMMISMON OF TuE all OF OPA-IJX1A, FLORILIA,
AMENDING CHAPTER 3 OF 111E CODE OF THE an OF OW-LOC1A, ENITIIID
Registration is evadable to any Homeowner's Association desiring that notice -ADVEIMSING", BY AMENDING Arrnai: IL ENOTHED 'SIGNS", BY AMENDING
be provided to its president on mina hearings involving its area of interest. SEC 3-24 ENITELED'MAXIMUM WY TO INCLUDE POLE WAS;PROVIDING FOR
For more irionniabon on this retlsIrTh procedure.please cab at the Zoning INCORPORATION Of RECT1MS;PROVIDING FOR ADOPTION OF ARTICIE,PROVIDING FOR
Hearing Section at(305)375-267k) AIIIIORIII; PROVIDING FOR CODIFICATION; PROVIDING KIR SCRIVENER'S ERRORS,
PROVIDING FOR CONF1KT;PROVIDING FOR LIBERAL CONSTRUCTION;PROVIDING FOR
SEVERABIUTY;AND PROVIDING FOR AN FIFECHVE DATE((iv readiazipublie bearing heed ea
It you are in need of a translatrx at the Hearing,one can be provided for you at Deceshee l&NM I.
no charge. To arrange for translating services,please cal Zoning Agenda
coordinators office et(305)375.1144 at te,ast two weeks in advance 0/the AN ORDLNA.NCE OF THE cm COMMISSION OF TM crn°OF OPA-LOCIA. FLORIDA.
AMINDING CHAPIER 19 OF 1111 CODE OF 111E fTIY OF 0114,40CIA,FLORIDA,ENTITLED
meeting..:I I:.
STREETS AND SIDENALES,' BY WENN% ARTICLE L ENM1ED IN GENIRM;
BY cosAnNG SECTION 19-8 TO BE ENTMED -ADOPT-A-ROAK PROVIDING FOR
Nips and other dote Pe=to these Rene ereevellettle..forntrtion..„ INCORPORATION Of Ramis;PROVIDING FOR ADOPTION OF'ART1CIE;PROMDING FOR
et the illANIOADE DEPARTMENT OF MCWLA PVIFU AITHOIRTY: PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENERS ERRORS;
ECONOMIC RESOURCES,0194,11Th FLOOR,111 t First Sheet,1ftelnl, PROVIDING FOR CONFLICT;PROVIDING FOR LIBERAL CONSTRUCHON;PROVIDING FOR
Florida. if further infomai is desired,can(306)376-2640,or visit ow SEVIRABILITY:AND PROVIDING FOR AN Enirrni:DAN.airm reaci•elvour bear bald..
WEB page to view the hearing file at Felraary 15.2018).
httpslenergoviniamidnis.gov/EneeGov_ProtnallSenriceNhome ,Additional information on the above items rnay be obtained in the Office of the City Clerk
Please refer to the hearing number when making an inquiry. 780 Fisherman Street,42 Floor,Opa-lodca,Flmida.All interested persons arc encouraged to
attend this meeting and will be heard with respect to the public hearing.
Miami-Dade County txovides equal access and equat oppatunity in employment In accordance with dic Americans with Disabilities Act of 1990, persons needing special
arid doesoot disannate onto basis ddisabity in its programs or serito3s. For accommodations to pankipat in the proceeding should contact the Office of the City Oat
material in alternate format,a sign aaoertlerpreterorotherecconynodaljons, at(305)953-2.: 1 the assistance no later than seen(7)days prior to the proceeding.If hearing
c a l l t h e(RER)D e v e l o p m e n t D i v i s i o n A D A C o o r d i n a t o r,at(305) impaired.you may lelePhone the Florida Relay S e ry i c e at(:' I)955-8771 MY).C. I f 955-8770
please 767 7 9 at t least five days in advance of the meeting. (voice),(877)955-8773(Spanish)or(877)955-8707(Creok).
PURSVANT TO FS 286.0105:Anyone ttito desires to appeal am decision made by any bows!,
•A person who decides to appeal any decision made by any board,acr=ar agertes;or commission wilt revert to any matter consideird ai such meeting err hearing all need
commission with reseed to any matter considered at this rneebng or . a record of the proceedings,and far that reason,may need to ensure thc i a whiter record of the
Al need a record otr the proceetbigs. such person may need to ensure that proceedings i s mole,Aich record Marcia the testimony and eekience upon whidt the appeal
a vatetin record of the proceedings is made, inducing the testimony and may be based
evidence upon which the appeal is to be based five days in advivice. JOANNA FLORES,CHIC
For iega'ads on,ne go to http-1ega:aci5 nornIdade.goi CITY CLERK
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City of Opa-Locka
Agenda Cover Memo
Department Gregory Gay Department c.,_ , .)
Director: Director Signature: ,,., --,---° -• "-
Asst.City Ernesto Reyes Asst.City
Manager/Budget Manager/Budget _
Administrator: Administrator ._ ... L____....._..
Signature:
Finance Bryan Hamilton FD Signature: A /
Director: Department it?) I0 /'
Asst City William Green ACM Signature:
Manager: �—
is
City Manager: Ed Brown CM Signature:
91/6/ :
Commission Item Type: Resolution Ordinance Other
Meeting Date: 03-28-18 X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1St Reading 2nd Reading
(Enter X in box) Yes No (Enter X in box)
x Public Hearing: Yes No Yes No
(Enter X in box) X X
Funding Source: (Enter Fund Advertising Requirement: Yes No
&Dept) (Enter X in box)
Account#: Ex: X
Contract/P.O. Yes No RFP/RFQ/Bi#: N/A
Required: x ";,'
(EnterX in box)
Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Qbl/Stlategy:
Related Enhance Organizational El (list the specific ob)ective/strgteyy this
(EnterX in box) X Bus.&Economic Dev IIII item will address) r:::'
Public Safety El
Quality of Education El
Qual.of Life&City Image El
Communcation El
Sponsor Name City Manager Department: Planning&Community City Manager
Development
Short Title:
An Ordinance Of The City Commission Of The City Of Opa Locka, Florida, Approving A Request To Rezone From R-
1 To R-3,The Property Located At 275 Sabur Lane And Identified By Folio 08-2121-003-0150 and By Legal Description
Lot 7 In Block 102 Of"Revised Plat No. Two Opa-Locka", According To The Plat Thereof, As Recorded In Plat Book
34, At Page 67 Of The Public Records Of Dade County, Florida; Providing For Approval; Providing For An Effective
Date.
Ordinance —Approving Rezoning 275 Sabur Ln 3-28-18
Staff Summary:
Request:
An Ordinance of the City Commission of the City of Opa-locka, Florida, approving a request to rezone
the property located at 275 Sabur Lane, Opa-locka, Florida, which is identified by folio 08-2121-003-
0150; Legal Description: LOT 7 IN BLOCK 102 OF "REVISED PLAT NO. TWO OPA-LOCKA", ACCORDING
TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 34,AT PAGE 67 OF THE PUBLIC RECORDS OF DADE
COUNTY, FLORIDA; in the R-1 Single-Family Zoning District; Providing For Approval; Providing For
Scrivener's Errors; Providing For An Effective Date.
Background:
The property owners, Jeremy Mathis and Joshua Mathis and the Firm of Bercow, Randell, Fernandez & Larkin
submitted on November 7, 2017 their request to rezone this property from Single Family to Multi-Family to
accommodate a Tri-Plex, Multi-Family use at this site. Currently there is a 3,210 square foot building at this site
which was constructed in 1968 on an 8,053.5 square foot lot which was last functioning as a
Motel/apartments/rooming house. This use has not been operational for a number of years and the parcel is
currently a vacant, dilapidated, and abandoned nuisance site.
The applicant intends to renovate and redevelopment the building to accommodate its new use as a Tri-Plex and
abandon the non-conforming motel (rooming house)operation. A three unit residential structure must be located
within a multi-family(R-3) zoning district. This structure was built in 1968 and does not conform to current zoning
regulations for front set-backs, rear set-backs and for minimum lot size requirements in the multi-family district.
The applicant's site will however comply with the zoning regulations for side set-backs and for parking and
landscaping which may have been more challenging if they preserved the motel use. Whenever rezoning requests
are received there is much concern over if approved would it be an illegal spot zoning action? In this instance it
would not be spot zoning as this site is proximal to other multi-family zoned properties, on the properties South
and West of this site. There are single-family zoned properties on the sites North and East of 275 Sabur Lane,
however this would be low intensity low moderate density residential. The request to rezone this site from R-1 to
R-3 and to approve a set-back variances for a building constructed in 1968 and for the proposed redevelopment of
the site would serve to revive and restore the property to usefulness. An approval would also make the site
compliant with City Land Development Regulations as much as can be accomplished in this built environment and
to make this site compatible and well matched with the surrounding uses. The applicant meets the minimum
threshold for an approval recommendation as listed in the City Land Development Regulation Ordinance 15-31
Section 22-54.
Proposed Action:
Staff has recommended approval of this legislation.
Attachment:
P&Z Board Application
P&Z Board Staff Report
Draft Ordinance for Rezoning Approval
Site Plan
Ordinance —Approving Rezoning 275 Sabur Ln 3-28-18
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Memorandum
TO: Myra L.Taylor, Mayor
Joseph Kelley, Vice Mayor
Matthew Pigatt, Commissioner
John B. Riley, Commissioner
Timothy Holmes, Commissioner
FROM: Ed Brown, City Manager
DATE: February 28, 2018
RE: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA,
FLORIDA, APPROVING A REQUEST TO REZONE FROM R-1 TO R-3, THE PROPERTY
LOCATED AT 275 SABUR LANE AND IDENTIFIED BY FOLIO 08-2121-003-0150 AND
BY LEGAL DESCRIPTION LOT 7 IN BLOCK 102 OF "REVISED PLAT NO. TWO OPA-
LOCKA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, AT
PAGE 67 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDING FOR
APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
Request:
An Ordinance of the City Commission of the City of Opa-locka, Florida, approving a request
to rezone the property located at 275 Sabur Lane, Opa-locka, Florida, which is identified by
folio 08-2121-003-0150; Legal Description: LOT 7 IN BLOCK 102 OF "REVISED PLAT
NO. TWO OPA-LOCKA", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN
PLAT BOOK 34, AT PAGE 67 OF THE PUBLIC RECORDS OF DADE COUNTY,
FLORIDA; in the R-1 Single-Family Zoning District; Providing For Approval; Providing For
Scrivener's Errors; Providing For An Effective Date.
Background:
The property owners, Jeremy Mathis and Joshua Mathis and the Firm of Bercow, Randell,
Fernandez & Larkin submitted on November 7, 2017 their request to rezone this property from
Single Family to Multi-Family to accommodate a Tri-Plex, Multi-Family use at this site.
Currently there is a 3,210 square foot building at this site which was constructed in 1968 on an
8,053.5 square foot lot which was last functioning as a Motel/apartments/rooming house. This
use has not been operational for a number of years and the parcel is currently a vacant,
dilapidated, and abandoned nuisance site.
The applicant intends to renovate and redevelopment the building to accommodate its new use as
a Tri-Plex and abandon the non-conforming motel (rooming house) operation. A three unit
residential structure must be located within a multi-family (R-3) zoning district. This structure
was built in 1968 and does not conform to current zoning regulations for front set-backs, rear set-
backs and for minimum lot size requirements in the multi-family district. The applicant's site
will however comply with the zoning regulations for side set-backs and for parking and
Ordinance—Approving a Request to Rezone 275 Sabur Lane 3-28-18
landscaping which may have been more challenging if they preserved the motel use. Whenever
rezoning requests are received there is much concern over if approved would it be an illegal spot
zoning action? In this instance it would not be spot zoning as this site is proximal to other multi-
family zoned properties, on the properties South and West of this site. There are single-family
zoned properties on the sites North and East of 275 Sabur Lane, however this would be low
intensity low moderate density residential. The request to rezone this site from R-1 to R-3 and to
approve a set-back variances for a building constructed in 1968 and for the proposed
redevelopment of the site would serve to revive and restore the property to usefulness. An
approval would also make the site compliant with City Land Development Regulations as much
as can be accomplished in this built environment and to make this site compatible and well
matched with the surrounding uses. The applicant meets the minimum threshold for an approval
recommendation as listed in the City Land Development Regulation Ordinance 15-31 Section
22-54.
Financial Impact: The City will not expend any funds because of the approval of this legislation.
Implementation Time Line: Immediately
Legislative History:
None
Staff Recommendation:
Staff recommends approval of this legislation
Planning Council Recommendation:
Recommended Approval of Rezoning 2-6-18
Attachment(s)
P&Z Board Application
P&Z Board Staff Report
Draft Ordinance for Rezoning Approval
Site Plan
Prepared By: Planning & Community Development Department
Gregory Gay, Director
Gerald Lee, Zoning Official
Ordinance—Approving a Request to Rezone 275 Sabur Lane 3-28-18
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PLANNING&ZONING BOARD APPLICATION
APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED:
PROPERTY OWNER'S NAME: Jeremy and Joshua Mathis
PROPERTY OWNER'S ADDRESS: 4101 NW 190 Street Miami Gardens, FL 33055
Number/Street City State/Zip Code
APPLICANT'S NAME: Graham Penn
APPLICANT'S ADDRESS: 200 S Biscayne Blvd., Suite 850 Miami FL 33131
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 305 374 5300 HOME OTHER
SUBJECT PROPERTY ADDRESS: 275 Sabur Lane
Number/Street
TAX FOLIO NUMBER: 08-2121-003-0150 PRESENT ZONING: R-1
LEGAL DESCRIPTION: Lot 7, Block 102 of the Opa-locka Revised Plat Subdivision,
recorded at Plat Book 34, Page 67 of the Public Records of Miami-Dade County
Please check specific request:
_Tentative Plat
Final Plat
_Comprehensive Plan Amendment_Small Scale:_Large Scale(please specify type of amendment below)
XRezoning
_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
_Development Agreement
_Restrictive Covenant
Other—Please specify:
Add any additional information that may be of importance to this request: See attached
Page 2 of 5
Reference to Ordinance 15-13
Land Development Regulations/Zoning Code:Ordinance 15-31
ocl lOpkdl li,,, ).1)
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PLANNING &ZONING 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,
to the left and to the right of the subject property,indicating his or her support for the proposed project. (Must
include name,address,folio and phone number).
X All preliminary and final site plans,along with property survey,must be submitted on CD-Rom disc in Cad and
PDF format
X Fifteen (15) certified boundary and topographic surveys of the property(size 36 x 24 inches). The submitted
property survey must not exceed a maximum of two (2)years from the date created in order to be considered
X acceptable by the City of Opa-locka.
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 and at least 7 sealed copies)
X Map showing the parcel to be considered and all of the properties legal descriptions of all parcels 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, Jeremy Mathis ,being first duly sworn,depose and say that I am the OWNER of the property,and I
understand t at this application must be complete and accurate before a public hearing can be advertised.
Signature
10— Z9-i r
Date
Sworn to and subscribed before me: 61 1r Ke-f t8 t nri.r- , to lin. 'J
This oW da of 19e1"0 ;20/7
_ Y
par' 2Gci —}!�2=`w'r My commission expires !%C'/IC fiZ � o/D 13
i�1 fY'•. MARGARET MARTINEZ•BAST
dea Treat o ',,,k Commission#FF 168000
g;-1 Expires October 6,2bge 3 0 5
'q,84 " Banded TAN Troy Fon Murano*900466.7019
Reference to Ordinance 1543.+.
Land Development Regulations/Zoning Code:Ordinance 15-31
o,,p Lo_okQ,
7 c/ ` ?
0
so i 9'i
#-_,„..,e'''
PLANNING&ZONING 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: Jeremy Mathis
Subject: Power of Attorney (authorization for a person, other than the property owner,to speak in the property
owner's behalf).
I Jeremy Mathis ,being first duly sworn,depose and say that I am the owner
of the property legally described as:
Lot 7, Block 102 of the Opa-locka Revised Plat Subdivision, recorded at Plat Book 34,
rage 61 of the Nubiic Records of Miami-Dade County, Florida
I do give to Graham Penn and Bercow Radell Fernandez and Larkin,PLLC 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 Graham Penn and Bercow Radell Fernandez and Larkin,PLLCto negotiate and commit to the City Commission and City
Administration in my behalf. I will abide by all final determinations of the City Commission and City Administration,
Signature )(11/1v.'
(0—Z9'4
Date
Sworn to and subscribed before me: (! e.f P j kin��rn l
This day of 6 e-el-WeiLl 02v/7
LA.1 ' _ Q ' /lAil. Aij-- L f 4) My commission expires:4e.,/,4o c °7V$
•tyP bile illiiIIIIIIIIIIIIIIW
l "";:?i'•"., MARGARET MARTINEZ-BAST
-;?r.r�Yy Commission#FF 166000
i. = Expires October 6,2018
Attach copy o iii h or Troy Fin Insurance 800385.7010
Page 4 of 5
Reference to Ordinance 15-13
Land Development Regulations/Zoning Code:Ordinance 15-31
oppock
(° \
'
PLANNING&ZONING APPLICATION
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 310 Sharar Avenue 08-2121-004-1824
LEGAL DESCRIPTION: Portion of Tract A,Opa-Iocka Revised Plat No.2, Plat Book 34,
Page 76 of the Public Records of Miami-Dade County.Florida
PRA 'E'' OWNER'S NAME:Charles and Yurdenkis Nunez PHONE: )6. 1 I q'O
ADD' S ■ d' .t): sVme 11310 l-QKt Ghli d court 111loMi L-41Ses1 FC. 3301y
j •
Sig1..tue
1
Page 5 of 5
Reference to Ordinance 15-13
Land Development Regulations/Zoning Code:Ordinance 15-31
•
/IOP•LQ k4'A
(elow.,� �
t It
04/
PLANNING&ZONING APPLICATION
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 300 Dunad Avenue 08-2121-004-1732
LEGAL DESCRIPTION: OPA LOCKA 2 REV PLAT 2PB 34-76
S69FT OF TR A BLK 99/AKA/LOT 19
&S10FT LOT 20
PROPERTY OWNER'S NAME:Freddy Duron and Nelly Frometa PHONE: SCE 6 42 q 3r
ADDRESS(If different): Same
`J
Signature
NfiVi T_,cms(4,..4?-4c( 7)11-,4A-twittjk.
Page 5 of 5
Reference to Ordinance 15-13
Land Development Regulations/Zoning Code:Ordinance 15-31
OQp L00/4
f
a
it u si
PIRA
PLANNING&ZONING APPLICATION
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 305 Dunad Avenue 08-2121-003-0161
LEGAL DESCRIPTION: Lot 8, Block 102 Opa-locka Revised Plat, Plat Book 34,
Page 67
PROPERTY OWNER'S NAME: Maritza Hernandez PHONE: 7g9 511 (^10G,
ADDRESS(If different): Same
\
NMI A
ez
Signature
Page 5 of 5
Reference to Ordinance 15-13
Land Development Regulations/Zoning Code:Ordinance 15-31
�1\J�f'w'L/•
PLANNING&ZONING APPLICATION
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 190 Sabur Lane 08-2121-004-1921
OPA LOCKA 2ND REV PLAT NO 2TRS A-BC&12PT ALLEY ELK 107&
LEGAL DESCRIPTION: LO. TT 2/BLK 107 PER PE 3447&PORT TR B&12FT ALLEY ELK 110
S170.241FT WIRER'N10S17FT E104.4EFT ELY RELY&SLY MD
acuuJlvrOBrucoGBEawwPTh&+IriA. iIRARAv!&
RSNERMAN ST TN N13409FT W126PT S167.07FT E10M4Ff ELY NELY NLY
A/0$0e2FT TO POD OR 13006-06741200 2(2)
PROPERTY OWNER'S NAME: Michelle Family Ltd.Partnership PHONE: 3oS_(*Si)_(a 4,)1
ADDRESS(If different):12314 SW 131 Avenue
Signature
Page 5 of 5
Reference to Ordinance 15-13
Land Development Regulations,Zoning Code:Ordinance 15-31
BcRCOW RADcLL FGRNANDGZ & LARKIN
ZONING, LAND USE AND ENVIRONMENTAL LAW
Direct(305)377-6229
gpenn@BRZoninglaw.com
VIA HAND DELIVERY
November 7,2017
Gregory Gay
Director
Planning&Community Development Department
3400 NW 135 Street
Opa-locka,FL 33054
Re: Rezoning, Variance, and Site Plan Approval for 275 Sabur Lane (Folio 08-
2129-0180-0010 and 0-2129-0180-0010).
Dear Mr.Gay:
We represent Jeremy and Joshua Mathis (collectively the "Applicant") the
owner of the above-referenced parcel located at 275 Sabur Lane in the City of
Opa-locka (the "Property"). Please consider this letter the Applicant's letter of
intent supporting an application seeking a rezoning, variances, and site plan
approval in order to allow the Applicant to utilize the former multi-unit building
on the Property as a tri-plex. The approval of these requests will allow the
Applicant to improve an existing building that has remained empty for many
years,thereby reducing blight in this part of the City.
The Property. The Property is approximately 8,053 net square feet in size
(0.34 acres gross) and has been assigned tax folio number 08-2121-003-0150 by
the Miami-Dade County Property Appraiser. The Property is surrounded on all
sides by residential development at varying densities. To the west of the
Property is a four plex (zoned R-3). The Property is bordered on the north by a
single family home (zoned R-1). To the south of the Property is a low scale
apartment complex (zoned R-3). To the east of the Property is a additional single
family development(zoned R-1).
The Property was developed in the late 1960s with a single story
multifamily building that remains on the site today. The density within the
building has varied over the years, with the Miami-Dade Property Appraiser
Gregory Gay
Director
Planning &Community Development Department
November 7, 2017
Page 2 of 5
listing the building as including four bedrooms and other development plans
(included in the submitted plan set) showing at least an intent to develop up to
nine units in the building. The building, while structurally sound, has been
empty for a lengthy period.
City Zoning. The Property is zoned R-1 or "Single Family Residential"
under the terms of the City Code. As its name implies, the uses permitted in the
R-1 zone are limited to single family homes. The Property's zoning is therefore
inconsistent with historic development of the building as a multifamily use.
The Applicant is hereby requesting a rezoning of the Property from R-1 to
R-3 to reflect the existing density of development.
Proposed Development. The Applicant proposes to renovate and restore
the existing structure and utilize it as a tri-plex. This renovation will therefore
result in a net reduction of the existing intensity of development on the Property.
As you will see from the submitted plans, the development will fully modernize
the functioning of the building, finally providing sufficient parking and a new
trash enclosure. All in all, the renovation plan is a modest change to the existing
building that, at the same time, reduces the intensity of the use and brings the
site into compliance with the vast majority of the City's current zoning
requiremments.
Variances. As noted above, the Applicant has sought to remove as many
of the Property's existing nonconformities as possible. However, the Property
will still require several minor variances of the City's standards. The Applicant
has recognized the follow variances:
1. A variance to permit a lot area of 8,053 square feet where 9,600 would
be required.
This variance would allow the Applicant to re-use the existing building on the
Property.
2. A variance to maintain the existing front setback of 14'6" for the
principal building where 25' would be required.
This variance is also necessary to allow the Applicant to re-use the existing
building on the Property.
Gregory Gay
Director
Planning&Community Development Department
November 7,2017
Page 3 of 5
3. A variance to maintain the existing rear setback of 6'10" for the
principal building where 25'would be required.
As with the front setback variance, this variance is also necessary to allow the
Applicant to re-use the existing building on the Property.
Section 22-58 of the City's Land Development Regulations establish
standards for the review and approval of variances. The following is a list of the
standards with the Applicant's responses to each criterion.
1. That strict application of the regulations of this ordinance would
produce undue hardship.
The proposed variances are the minimum necessary to allow the renovation of
the existing building and reasonable use of the Property. In the absence of the
request variances, the Property is essential) unusable for the multi family use
that has been in place for over forty years.
2. That such demonstrated hardship is not shared generally by other
properties in the same zoning district and in the same vicinity.
The Property is uniquely situated in that it is the only lot in the area that is
developed with a multiple unit building but is both currently zoned for single
family use and is developed with an existing nonconforming building.
3. That the authorization of such variance will not be of substantial
detriment to adjacent properties and that the character of the district
will not be changed by the granting of the variance.
The approval of the requested variances will allow for the renovation and re-
use of a building that threatens to become a blight on the area in the absence of
the necessary zoning and variance approvals.
4. Such variance is not contrary to the public interest or to the stated
purpose of this ordinance.
The purpose of the City'sLand Development Regulations, in relevant part, is
to "[increase] collective security and community identity; and [enhance] the
quality of life for the entire City to ensure the greatest possible economic and
social benefits for all residents." See City Land Development Regulations
Gregory Gay
Director
Planning& Community Development Department
November 7, 2017
Page 4 of 5
Section 22-3. The requested variances will allow the stabilization of the
Property and provide a benefit to the overall neighborhood.
5. That the hardship is not self-imposed.
In the absence of City zoning changes since the existing building was
constructed, the Property could be renovated without the need for the
requested variances.
6. That the hardship is not financial in nature.
The hardship presented by these variances is not financial, but instead goes to
the central question of whether the Property can be reasonably renovated.
Site Plan Approval. The following will include a discussion of the relevant
site plan review standards set for the in Section 22-55(H) and the compliance of
the proposed development with each criterion.
1. The development permitted by the application,if granted, conforms to
the Comprehensive Plan; is consistent with applicable area or
neighborhood studies or plans, and would serve a public benefit
warranting the granting of the application at the time it is considered.
The proposed density of development, three units, is consistent with the 9
units per gross acre contemplated in the Low Density Residential
Designation.
2. The development permitted by the.application, if granted, will have a
favorable or unfavorable impact on the economy of the City.
The proposed development will benefit this area of the City by returning a
derelict site to active and compatible use.
3. The development permitted by the application, if granted, will
efficiently use or not unduly burden water, sewer, solid waste
disposal, recreation, education or other necessary public facilities
which have been constructed or planned and budgeted for
Gregory Gay
Director
Planning&Community Development Department
November 7,2017
Page 5 of 5
construction.
The development can be served by existing City infrastructure.
4. The development permitted by the application, if granted, will
efficiently use or not unduly burden or affect public transportation
facilities, including mass transit, roads, streets and highways which
have been constructed or planned and budgeted for construction, and
if the development is or will be accessible by public or private roads,
streets or highways.
The proposed development will have a negligible impact on City streets and
other infrastructure as it will be less intense than the previous use of the
building.
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.
,
Enclosures
cc: Jeremy Mathis
Joshua Mathis
Jeffrey Bercow, Esq.
February 6 LOON-
9
PLANNING & ,�
a,� ,_co
ZONING v' .i0
BOARD �0RA_ �..0,9
Or4A•
CITY OF OPA—LOCKA: APPLICANT'S REQUEST:
A Resolution of the Planning & Zoning Board of the City of Opa-locka, Florida Staff Report
Recommending Approval of a Request to Rezone from R-1 to R-3, the
property located at 275 Sabur Lane and identified by folio 08-2121-003-0150
and by legal description : Lot 7 in Block 102 of Revised Plat No. Two Opa-
locka, According to the Plat Thereof, as Recorded in Plat Book 34, at Page 67
of the public Records of Dade County, Florida; Providing for approval;
Providing for an Effective Date.
The Property Site is H>I hhghted in -'
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city of O(ra-Iocka I I'lann ng and Comnnuury Dccclopnminl 1)cparttnail
Table of Contents
Site Background
Project and overall analysis II
Project need assessment III
Development Review Committee ..IV
Staff Recommendation V
Attachment VI
Planning & Zoning Board Resolution VII
City of Opa-locka I Planning and Community Development Dcpaiimcnt
Site Background
• Request
This request is to rezone the uninhabited vacant property identified by folio 08-2121-003-0150 located at
275 Sabur Lane from R-1 Single-Family District to R-3 Multi-Family District to permit the redevelopment
of the structure to become a three unit, multifamily building. This 3,210 square foot building was
constructed in 1968 on an 8,053 square foot lot which was last operated as a Motel/Apartments/
Rooming House and has not been in use for a number of years.
• Legal Description
Lot 7 in Block 102 of Revised Plat No. Two Opa-locks, According to the Plat thereof, as
recorded in Plat Book 34, at page 67 of the Public Records of Dade County, Florida;The East
100 feet of Tract B, in Block 116, OPA-LOCKA PLAT NO. 3, According to the Plat Thereof,
recorded in Plat Book 31, at Page 14, of the Public Records of Dade County, Florida;
II. Project Details & Overall Analysis
• Applicant's intent
Jeremy and Joshua Mathis, the property owners and the Firm of Bercow, Randell, Fernandez &
Larkin submitted on November 7, 2017 their request to rezone this property from Single-
Family to Multi-Family to accommodate the Tri-Plex, multi-family use at this site. The
applicant intends to renovate and redevelopment the building to accommodate a Tri-Plex use
and abandon the non-conforming motel operation which was discontinued for a number of
years. The applicant will also comply with the zoning regulations for parking and landscaping
for this site.
Site Corn utations & Land Deveio`•rent Re•ulat l Zonin• Code Table 1
A, .iicant Opa Industrial Park, LLC
Folio Number 08-2121-003-0150;
Address Location 275 Sabur Lane
Buildirf s Foot ri it Former Motel Property : 3,480 SF property(according to Site Plan)
Floor Area 3,120 SF
Zonin• R-1 (Single Family District) Requesting to Rezone to R-3 (Multi-Family)
Zoning Code Consistency Pursuant to Ordinance 15-31, Section 22-79,Section 22-85 the rezoning
request is consistent with the City's current Land Development Regulation/
Zoning Code if the request is granted
Existin' Land Use Moderate Density Residential
Future Land Use Low Density Residential
Desi•nation
Comprehensive Plan The proposed use is consistent with the Comprehensive Plan Future Land Use
Consists _ Element for Residential Use.
A a•l r 1.m .DR S t • Ordinance no. 15-31, Section 22-79;Section 22.85;
REQUIRED PROPOSED COMPLIANCE
SET BACKS/YARD The Property has an existing building that was constructed in 1968 and
may not be consistent with current zoning requirements for setbacks
Front 25 feet 14'-9" Feet(existing) No
CO of Opa-locka I Planning and Conmii uily Dcvc loom nt Dcpanmcnt
Rear 25 feet 6'-10" Feet(existing) No
Side East/Street 20 feet 25'-11" Feet(existing) Yes
Side est 15 feet 24'-0" Feet(existing) Yes
Corner Lots/Other N/A N/A N/A
Lot Coverage 80% maximum as is R-3 75%-6,081 sq ft Yes
(max 6,442 sq ft)
Lot Dena N/A N/A N/A
Minimum Lot Size 9,600 SF minimum 8,053 SF No
Building Height 3 stories or 45 feet whichever is 1 story yes
less
Structure Len•th N/A N/A N/A
Other Vehicular Use Area N/A N/A N/A
Landsca•in•
Parking Details 1.5 spaces/Unit 6 parking spaces yes
3 Units X 1.5=(4.5)
Requires 5 parking spaces
Landscape/Pervious Lot N/A N/A N/A
Covera•e
Notification Requirement This request has been submitted and found sufficient for proper notice of
advertisement requirements pursuant to state law and City of Opa-locka
Charter Code by the city clerk's office.
- A copy of notice for advertisement titles were given to the Clerk's Office
on January 24, 2018,to be advertise at least 7 days prior to this
Planning Council meeting on Tuesday, February 6th, 2018.
- City Commission Meeting:TBD
Local Government Action The City Commission must review this Rezoning,Site Plan and Variance
Required request to consider approval/disapproval after it is first reviewed by the
Planning&Zoning Board and any other applicable board or agency.
City of()pa-lo(ka I Planning and Comniunily i)ccclopnicul IN,pal lnkcm
Existin s Conditions:
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Surrounding Land Use and Zoning: Table 2
. cation xisth. Land 1=utur FLU � ttlr�•
North Low Density Residential Industrial R-1
South Moderate Density Residential Industrial R-3
East Low Density Residential Industrial R-1
West Moderate Density Residential Industrial R-3
City of O1Yi-lo<'ka I Planning and Comnnuuty 1)ccclopmcnt 1)ei),Irtrlieril
Surrounding Zoning Designation III: (Subject property outlined in red-)
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• General Character/ Neighborhood Compatibility: The request proposed, is to approve the Rezoning of
this property from R-1 to R-3 to accommodate the proposed multi-family use after interior and exterior
redevelopment located at 275 Sabur Lane, Opa-locka, Florida in the current Single Family Residential
District (R-l) The use proposed is permitted in the R-3 zoning district and this change if granted would be
proximal to other multi-family uses. This location is surrounded by other uses that would be compatible to
the use proposed in what would be a Multi-Family Zoning District if their request is granted. The business
operation on this site will be in harmony with the general character of the surrounding neighborhood given
that in this area there are low density and moderate density residential uses.
• Findings: the proposed request for rezoning, variance(s), redevelopment, will revive and restore this
property to usefulness and make it compliant with City Land Development Regulations as much as can be
accomplished in this built environment. These changes would be in harmony with the surrounding uses
and returns to property to active use.
• Tree Preservation:Compliance with Tree Preservation Ordinance required pursuant to City
ORDINANCE NO. 10-03 and the Requirements of Ordinance 15-31 Article VII Landscaping and Tree
Preservation.
Lily of Opa-locka I Planning:and Community Dcvclopmcnt Dcparini nl
Findings: This aspect of this site will be in compliance with the site plan and would be in compliance
with the City Land Development Regulation.
• R-1 (Single-Family to R-3 Multi-Family Residential District):
Project Specific: The Applicants request the Rezoning, Site Plan and Variance Approvals to correct past
indiscretions and bring this property into compliance with City current code requirements
This request is in conformance with City Land Development Regulation 15-31
Findings: According to the City's Land Development Regulation, this request requires Planning&
Zoning Board review and City Commission review and approval before building permits can be approved.
• Community Comments/Petitions:
Findings: The applicant/Owner did return signed documents or presented letters to the city of the
comments from the surrounding neighbors regarding this proposed request and all were favorable.
III. Project Need Assessment/other Required Approvals
1. Comprehensive Plan Amendment(Small or large Scale): Land Use Change(Map
Amendment); subject to the Department of Economic Opportunity (DEO) Review.
• Findings: N/A
2. Land Development Regulation/Zoning Code Text Amendment
• Findings: N/A
3. Rezoning/Zoning Change/Zoning Map Amendment:
• Findings: Pending
4. Site Plan
• Findings: N/A: Application submitted was for Site Plan Review and Request for
Setback and Minimum Lot Variances for this Planning&Zoning Board Meeting(this
meeting) Tuesday, February 6th, 2018
5. Development Agreement/Restrictive Covenant
• Findings: N/A:
IV. Development Review Committee (DRC): Meeting Review Comments
I. Capital Improvement Project (CIP) reviews:
• Findings: N/A
2. Building reviews:
• Findings: N/A
3. Police reviews:
• Findings: N/A
4. Community Redevelopment Agency (CRA):
• Findings: N/A
5. City Manager's Office (CMO):
• Findings: N/A
City of Opa-locka I Planning and Commm,nii Dcvclopmela Dcpaiinalit
6. Code Enforcement:
• Findings: N/A
7. City Attorney's Office:
• Findings: N/A
8. Public works:
• Findings: N/A
9. Inter-jurisdictional Review:
• Findings: N/A.
V. Staff Recommendation:
• Staff recommend approval of this Rezoning, Site Plan and Variance Request to permit the
improvement and return of use of this property in compliance with the City LDR.
VI. Attachments:
• Boundary &Topographic Survey and Site Plan
Plannin• and Communit Develo•ment De.artment
Project Planner
Zonin' Gerald J. Lee,Zoning Official/Planner
Approved by Gregory D. Gay,Director
Planning and Communit Develo•ment
VII. Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
City of()pa-locka I Planning and Community Developmcut Dcpatlmenl
Resolution No. 18- (TBD)
A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-
LOCKA, FLORIDA RECOMMENDING APPROVAL OF A REQUEST TO REZONE
FROM R-1 TO R-3 THE PROPERTY LOCATED AT 275 SABUR LANE AND
IDENTIFIED BY FOLIO 08-2121-003-0150 AND BY LEGAL DESCRIPTION LOT 7 IN
BLOCK 102 OF REVISED PLAT NO. TWO OPA-LOCKA, ACCORDING TO THE PLAT
THEREOF, AS RECORDED IN PLAT BOOK 34, AT PAGE 67 OF THE PUBLIC
RECORDS OF DADE COUNTY, FLORIDA;
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: 02-6-2018
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.
*'E'E The Planning Council Approval/Denial of this request was by a _TO_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-Iocka I Plannin„and Communit■ I)cvclopmcnl I)cpaiimcni
VIII. DEVELOPMENT AGREEMENT
A Development Agreement is not required-This is a Request to Rezone Approval
The additional Planning & Zoning Board recommended conditions are as follows:
The Following changes/recommendations are updates based on the Planning & Zoning Board
Meeting discussions in regards to the proposed request by Jeremy and Joshua Mathis pursuant to
the requirements of the City Land Development Regulations.
city of Opa-IOcka I Planning and Conuuunily llccclopnicul Depaiinicut
•rr
A J
PLANNING & ZONING MEETING
TUESDAY,FEBRUARY 6, 2018
ROLL CALL:
The Planning & Zoning Board of the City of Opa-locka, met in a regular session on Tuesday,
February 6, 2018 at 7: 08 p.m. at Sherbondy Village, 215 Perviz Avenue. The following
members of the Planning & Zoning Board were present: Board Member Germane Barnes, &
Board Member Rose Tydus, & Board Member Lloyd Tyler.
Absent Board Members: Board Member Elio Guerrero, Board Member Dawn Mangham, &
Chairman Calvin Russell
Also in Attendance were Planning & Community Development Director, Gregory Gay,
Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and City Attorney
Vincent Brown.
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 February 6, 2018 Meeting
Board Member Germane Barnes served as the "Chairman" in the absent of Chairman Calvin
Russell. Appointed Chairman Barnes asked if a motion could be made to have the minutes
approved from the July 27, 2017 meeting. Board Member Lloyd Tyler made a motion to approve
the minutes. Board Member Rose Tydus second the motion.
Wage
There being no discussion, the motion passed by a 3-0.
Germane Barnes - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
IV. PUBLIC HEARING:
1. OPA INDUSTRIAL PARK, LLC
2040 NW 141 STREET, OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE
FINAL PLAT TO CLOSE, VACATE AND ABANDON THE EASEMENT LOCATED
UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET, OPA-
LOCKA, FLORIDA IN THE I-1 INDUSTRIAL DISTRICT; PROVIDING FOR
APPROVAL WITH ANY CONDITIONS PROPOSED BY MIAMI-DADE COUNTY
PLATTING DIVISION; PROVIDING FOR AN EFFECTIVE DATE.
The applicant, Opa Industrial Park, LLC represented by Attorney Graham Penn came before
the Planning & Zoning Board and made a presentation.
Once the applicant finished their presentation, appointed Chairman Barnes asked all board
members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Appointed Chairman Germane Barnes asked for a motion to approve or deny their request,
Board Member Lloyd Tyler made a motion to approve the request recommending approval
of the final plat to close, vacate and abandon the easement located under a warehouse
building located at 2040 NW 141st Street, Opa-locka, Florida in the I-1 Industrial district;
providing for approval with any conditions proposed by Miami-Dade County platting
division; providing for an effective date. Board Member Tydus second the motion.
21 Page
There being no discussion, the motion passed by a 3-0.
Germane Barnes - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
2. GRAHAM PENN,ESQ/JEREMY & JOSHUA MATHIS
275 SABUR LANE, OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA APPROVING A REQUEST TO REZONE FROM
R-1 TO R-3, OF THE PROPERTY LOCATED AT 275 SABUR LANE AND
IDENTIFIED BY FOLIO 08-2121-003-0150 AND BY LEGAL DESCRIPTION LOT 7
IN BLOCK 102 OF REVISED PLAT NO. TWO OPA-LOCKA,ACCORDING TO
THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 34, AT PAGE 67 OF THE
PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDNG FOR
APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
The applicants, Jeremy and Joshua Mathis who is represented by Attorney Graham Penn,
ESQ came before the Planning & Zoning Board and made a presentation.
Once the applicants finished their presentation, Appointed Chairman Barnes asked all board
members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Appointed Chairman Barnes asked for a motion to approve or deny their request. Board
Member Lloyd Tyler made a motion to approve the request to rezone from R-1 to R-3 of the
property located at 275 Sabur Lane and Identified by folio 08-2121-003-0150 and by legal
description lot 7 in block 102 of revised plat no two Opa-locka, according to the plat thereof,
as recorded in plat book 34, at page 67 of the public records of Dade County, Florida;
providing for approval; providing for an effective date. Board Member Rose Tydus second
the motion.
Wage
There being no discussion, the motion passed by a 3-0.
Germane Barnes - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
3. GRAHAM PENN, ESQ/JEREMY & JOSHUA MATHIS
275 SABUR LANE OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA,FLORIDA APPROVING THE SITE PLAN AND SETBACK
VARIANCE REQUESTS FOR THE PROPERTY LOCATED AT 275 SABUR LANE
AND IDENTIFIED BY FOLIO 08-2121-003-0150 AND BY LEGAL DESCRIPTION
LOT 7 IN BLOCK 102 OF REVISED PLAT NO. TWO OPA-LOCKA,ACCORDING
TO THE PLAT THEROF,AS RECORDED IN PLAT BOOK 34,AT PAGE 67 OF
THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA; PROVIDING FOR
APPROVAL; PROVIDING FOR AN EFFECTIVE DATE.
The applicants, Jeremy and Joshua Mathis who is represented by Attorney Graham Penn,
ESQ came before the Planning & Zoning Board and made a presentation concerning their
setback variance and site plan approval.
Once the applicants finished their presentation, appointed Chairman Barnes asked all hoard
members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Appointed Chairman Barnes asked for a motion to approve or deny their request. Board
Member Lloyd Tyler made a motion to approve the request of the site plan and setback
variance requests for the property located at 275 Sabur Lane and identified by folio 08-2121-
003-0150 and by legal description lot 7 in Block 102 of revised Plat No. Two Opa-locka"„
according to the Plat thereof, as recorded in Plat Book 34, at page 67 of the public records of
Dade County, Florida; providing for approval; providing for an effective date. Board
Member Rose Tydus second the motion.
4IPage
There being no discussion, the motion passed by a 3-0.
Germane Barnes - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
4. CITY OF OPA-LOCKA.
THE CITY OF OPA-LOCKA, FL 33054
REQUEST: AN ORDINANCE OF THE PLANNING & ZOINING BOARD OF THE
CITY OF OPA-LOCKA FLORIDA, AMENDING ORDINANCE 15-31, SECTION 22-
92, I-1; SECTON 22-95, I-2; SECTION 22-93, I-3; SECTION 22-94,I-4 FOR A
DEFINITION OF RECYCLING AS APPLICABLE IN EACH INDUSTRIAL
ZONING DISTRICT,AND TO AMEND THE SECTION NUMBERS OF I-1
THROUGH I-4 IN ASSENDING ORDER PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND EFFECTIVE DATE.
The applicant, City of Opa-locka came before the Planning & Zoning Board and made a
presentation concerning an ordinance.
Once the City of Opa-locka finished their presentation, Appointed Chairman Barnes asked all
board members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Appointed Chairman Barnes asked for a motion to approve or deny their request. Board
Member Lloyd Tyler made a motion to approve the request of amending ordinance 15-31,
section 22-92, I-1; section 22-95, I-2; section 22-93, 1-3; section 22-94, 1-4 for a definition of
recycling as applicable in each industrial zoning district, and to amend the section numbers
of 1-1 through I-4 in ascending order providing for repealer; severability; codification; and an
effective date. Board Member Rose Tydus second the motion.
51 Page
There being no discussion, the motion passed by a 2-1.
Germane Barnes - No
Rose Tydus - Yes
Lloyd Tyler - Yes
5. CITY OF OPA-LOCKA.
THE CITY OF OPA-LOCKA, FL 33054
REQUEST: AN ORDINANCE OF THE PLANNING & ZOINING BOARD OF THE
CITY OF OPA-LOCKA FLORIDA, AMENDING ORDINANCE 15-31, SECTION 22-
160, REGULATIONS FOR PARKING, STORING OR KEEPING COMMERCIAL
VEHICLES,BOATS,BUSES, TRAILERS AND TRUCKS AND AMEND BY
REMOVING THE HOURS ALLOWED FOR PARKING; "FOR A PERIOD
EXCEEDING SIX (6) HOURS" PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION; AND AN EFFECTIVE DATE.
The applicant, City of Opa-locka came before the Planning & Zoning Board and made a
presentation concerning an ordinance.
Once the City of Opa-locka finished their presentation, Appointed Chairman Barnes asked all
board members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant. Board Member Lloyd Tyler
made a motion to approve the request of amending ordinance 15-31, section 22-160,
regulation for parking, storing or keeping commercial vehicles, boats,buses, trailers and
trucks and amend by removing the hours allowed for parking; "for a period exceeding six
hours" providing for repealer; severability; codification; and an effective date. There being
no discussion, the motion failed for lack of a second.
Wage
STAFF UPDATE
VI ADJOURNMENT
Board Member Germane Barnes adjourned the meeting at 7:55 pm.
Submitted by
Kinshannta Hall
Planning-Zoning Clerk
ATTEST:
Germane Barnes
Appointed Chairman or Designee
7IPage
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