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Home My Public Portal About11-8291 Waiver of Plat , located At 12805 NW 42 Avenue Sponsored by: City Manager Resolution No. 11-8291 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE A WAIVER OF PLAT, LOCATED AT 12805 NW 42ND AVENUE, OPA- LOCKA,FLORIDA,FOLIO NO.08-2129-000-0061,TO DIVIDE 30 ACRES INTO TWO (2) TRACTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,an application was submitted on May 17,2011 by American Fruits and Produce of Florida, Inc., requesting dividing 30 acres into two (2) tracts, Folio No. 08-2129-000-0061; and WHEREAS,the property,per the legal description recorded in Official RB 14695,p 2028, as S. 1,210 Ft of SW 1/4 of NE 1/4 of Section 29, T52S, R41E, less E.150 Ft thereof, and less the W.35 Ft. thereof, Folio No. 08-2129-000-0061, is currently zoned as I-3, Industrial Planned Development; and WHEREAS,Notice to the public has been given,and pursuant to approval of Resolution No 071211-1, the Planning Council recommended approval of the waiver of Plat; and WHEREAS, the City Commission desires to approve the waiver of Plat pursuant to the applicant's request for waiver of Plat,for the property located at 12805 NW 42nd Avenue,Opa-locka, Florida, Folio No. 08-2129-000-0061, to divide the property into two (2) tracts. NOW,THEREFORE,BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Resolution No. 11-8291 Section 2. The City Commission of the City of Opa-locka hereby approves the request of applicant American Fruits and Produce of Florida, Inc. for a waiver of Plat for Folio No. 08-2129- 000-0061, in order to divide the property into two (2) tracts, per the application therefore. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 28th day of September, 2011. i I My , Taylor Mayor Attest to: Approved as to fo and egal uffic.- c y: /d41116i14/ Lei I " q Deborah S. Irby Jo. p S Geller City Clerk ♦ - Attfi ey I I Moved by: MILLER Seconded by: JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES AMERICAN FRUIT PROPERTY LEGAL DESCRIPTION PARENT TRACT 08-2129-000-0061 THE SOUTH 1,210 FEET OF THE SOUTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 29, TOWNSHIP 52 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, LESS AND EXCEPTING THERE FROM THE EAST 150 FEET THEREOF, AND LESS THE WEST 35 FEET THEREOF, TOGETHER WITH EASEMENT RIGHTS AS SET FORTH IN THAT CERTAIN PRIVATE EASEMENT AGREEMENT; DATED SEPTEMBER 6, 1990, RECORDED IN OFFICIAL RECORDS BOOK 14695,AT PAGE 2028, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, AND THAT CERTAIN NON-EXCLUSIVE PRIVATE EASEMENT DATED FEBRUARY 12, 1981, RECORDED IN OFFICIAL RECORDS BOOK 11076,AT PAGE 601,AS MODIFIED IN AMENDMENT DATED FEBRUARY 5, 1990, RECORDED IN OFFICIAL RECORDS BOOK 144441, AT PAGE 1400, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. CUT OUT PARCEL "A" 08-2129-000-0061 COMMENCE AT THE CENTER OF SECTION 29, TOWNSHIP 52 SOUTH, RANGE 41 EAST, OF MIAMI DADE COUNTY, FLORIEDA; THENCE RUN NORTH 86°47'04" EAST FOR 50.0 FEET TO A POINT ALONG THE EAST RIGHT OF WAY OF N.W. 42ND AVENUE; THENCE RUN NORTH 02°56'27" WEST ALONG SAID EAST RIGHT OF WAY LINE FOR 590.79 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED; THENCE CONTINUE NORTH 02°56'27"WEST ALONG SAID EAST RIGHT OF WAY LINE FOR 619.21 FEET TO A POINT; THENCE RUN NORTH 86°47'04" EAST ALONG THE NORTH LINE OF THE SOUTH 1,210 FEET OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF SAID SECTION 29 FOR A DISTANCE OF 1,080.91 FEET TO A POINT; THENCE RUN SOUTH 03°01'03" EAST ALONG A LINE 150 FEET WEST OF AND PARALLEL TO THE EAST LINE OF SOUTHWEST 1/4, OF THE NORTHEAST '/4, FOR 580.90 FEET TO A POINT; THENCE RUN SOUTH 86°58'57" WEST FOR 820.67 FEET TO A POINT; THENCE RUN SOUTH 02°56'27" EAST FOR 34.80 FEET TO A POINT; THENCE RUN SOUTH 87°03'33" WEST FOR 158.00 FEET TO A POINT; THENCE SOUTH 02°56'27" EAST FOR 8.00 FEET TO A POINT; THENCE SOUTH 87°03'33" WEST FOR 103.0 FEET TO THE POINT OF BEGINNING. CONTAINNING 635,713.89 SQUARE FEET OR 14.59 ACRES, MORE OR LESS. CUT OUT PARCEL "B" 08-2129-000-0066 COMMENCE AT THE CENTER OF SECTION 29, TOWNSHIP 52, SOUTH, RANGE 41 EAST, OF MIAMI DADE COUNTY, FLORIDA; THENCE RUN NORTH 86°47'04" EAST FOR 50.0 FEET TO THE POINT OF BEGINNING OF HE PARCEL OF LAND HEREINAFTER TO BE DESCRIBED ; THENCE CONTINUE NORTH 86°47'04" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF SAID SECTION 29 FOR A DISTANCE OF 1,082.58 FEET TO A POINT ALONG A LINE PARELLEL TO AND 150 FEET WEST OF THE EAST LINE OF SAID SOUTHWEST 1/4, OF THE NORTHEAST 1/4, OF SAID SECTION 29; THENCE RUN NORTH 03°01'03"WEST ALONG SAID PARELLEL LINE FOR 629.10 FEET TO A POINT; THENCE RUN SOUTH 86°47'04"WEST FOR 820.67 FEET TO A POINT; THENCE RUN SOUTH02°36'27" EAST FOR A DISTANCE OF 34.80 FEET TO A POINT; THENCE RUN SOUTH 87°03;33"WEST FOR 158.00 FEET TO A POINT THENCE RUN SOUTH 02°56'27" EAST FOR 8.00 FEET; THENCE RUN SOUTH 27°03'33" WEST FOR 103.0 FEET TO THE EAST RIGHT OF WAY LINE OF LE JEUNE ROAD (N.W. 42ND AVENUE); THENCE RUN SOUTH 02°56'27" EAST ALONG SAID EAST RIGHT OF WAY LINE FOR 590.79 FEET TO THE POINT OF BEGINNING. CONTAINNING 673,221,88 SQUARE FEET OR 15.45 ACRES, MORE OR LESS. PP•LOC,O O�/ <)30) C 4 ''. • lip-a'r 47/ yc 9ry oAAO Fe E? MEMORANDUM TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice-Mayor Timothy Holmes, Commissioner / Rose Tydus, Commissioner Gail Miller, Commissioner FROM: Bryan K. Finnie, Interim ' Manager DATE: August 16, 2011 RE: Request from A erican Fruits and Produce of Florida, Inc., property owner and ap• icant, for a waiver of plat. The subject property is located at 12805 NW 42nd Avenue, Opa-locka, FL 33054, identified by folio no. 08-2129-000-0061. The property is zoned 1-3 (industrial Planned Development) and contains 30+ acres. Request: A Resolution of the City Commission of the City of Opa-locka, Florida, approving a waiver of plat for American Fruits and Produce of Florida, Inc.; providing for incorporation of recitals, providing for conflict and repealer, providing for severability, providing for an effective date. Description: The property is currently zoned 1-3 (Industrial Planned Development). American Fruits and Produce of Florida, Inc. submitted their application on May 17, 2011. Their letter of intent requests dividing the approximately 30 acres into two tracts of land. In the property owner's letter of intent dated December 10, 2009, which is included in your agenda packet, the division of the subject property would allow for seamless operations to continue and would allow the owners flexibility for future marketing of the subject property to prospective buyers. The applicant initially appeared before the Planning Council on July 12, 2011. During the Planning Council meeting after receiving a presentation by the applicant and hearing from City Staff, has recommended approval of this waiver of plat request. No opposition was presented at the Planning Council meeting. Notice to the public has been achieved pursuant to City charter and State law. Financial Impact: There is no significant financial impact associated with this item. Implementation Time Line: Immediately Legislative History: Planning Council Resolution No. 071211-2 Recommendation(s): Planning Council recommends approval of this waiver of plat. Attachment(s): Planning Council Application and staff report Planning Council Meeting minutes —July 12, 2011 Business Owner Correspondence Prepared By: Howard W. Brown, Jr., Community Development Director Gerald Lee, City Planner City of Opa-Locka Planning Council STAFF REPORT American Fruits and Produce of Florida, Inc (July 8, 2011) Applicant American Fruits and Produce of Florida, Inc. Request Approval for Waiver of Plat Location 12805 NW 42nd Avenue Legal Description PARENT TRACT(ONLY) The South 1,210 feet of the Southwest Y of the Northeast %of Section 29, Township 52 South,Range 41 East,Dade County,Florida, less and excepting there from the East 150 feet thereof, and less the West 35 feet thereof,together with Easement rights as set forth in that certain Private Easement Agreement; dated September 6, 1990,recorded in Official Records Book 14695, at page 2028, of the Public Records of Dade County, Florida,and that certain non-exclusive Private Easement dated February 12, 1981,recorded in Official Records Book 11076,at Page 601, as modified in Amendment dated February 5, 1990,recorded in Official Records Book 144441, at Page 1400, of the Public Records of Dade County,Florida. (Full legal description attached) Property Size 30.03 AC Zoning I-3 Existing Land Use Industrial Future Land Use Utility Designation Comprehensive Plan According to the Future Land Use Map,the subject property is designated Consistency for a utility land use and this request is not in conflict with this land use category and is consistent with the 1996 Comprehensive Development Master Plan(CDMP). Other Required To obtain this waiver of plat requires review by the Planning Council and Approvals requires approval by the City Commission according to Article VIII of the Code of Ordinance. Applicable ULDR Miami Dade County Code Section 28-3 and 28-20; F.S. Ch. 177 Sections Setbacks/Yards Required Proposed Front (East) N/A N/A Rear (West) N/A N/A Side (North) N/A N/A Side (South) N/A N/A Lot Density N/A N/A Lot Size N/A N/A Lot Width N/A N/A Building Height N/A N/A Structure Length N/A N/A Floor Area N/A N/A Vehicular Use Area N/A N/A Landscaping _ Landscaping Lot N/A N/A Coverage Open Space N/A N/A Parking N/A N/A 0 Notification This request for A Waiver of Plat was properly noticed pursuant to state Requirements law and city charter. Name and Title _ Initials Project Planner Gerald Lee, City Planner Authorized By Howard W. Brown, Jr.,Planning Director Approved By Applicant's Request: 1) Waiver of Plat which requires review by the Planning Council and requires approval by the City Commission according to the City Charter Article VIII, Sec. 103. Surrounding Zoning Districts and Uses: Existing Land Uses CLUP Designations Zoning Districts North Industrial/ Industrial Industrial (I-3) Warehousing South Industrial/ Industrial Industrial (I-3) Warehousing East Industrial/ Industrial Industrial (I-3) Warehousing West Industrial/ Industrial Industrial (I-3) Warehousing Parking and Traffic: The will not be a significant change in traffic related to this use. Adequacy and Neighborhood Compatibility: The subject property is adjacent and in close proximity to other similar uses. This request does not create an incompatible use with the surrounding land uses. Yard Modifications: (If applicable) N/A Comprehensive Plan Consistency: This operation is allowed in this zoning district by right after review by the Planning Council and approval of the City Commission and is consistent with the City's Comprehensive Development Plan. Staff Determination/Recommendation: Staff recommends approval.