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HomeMy Public PortalAbout12-8446 My Real Estate Holdings, LLC and RUDG-Towncenter Sponsored by: City Manager Resolution No. 12-8446 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE THE DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND MV REAL ESATE HOLDINGS,LLC,AND RUDG-TOWN CENER,LLC FOR THE CONSTRUCTION OF A 127-UNIT SENIOR CITIZEN'S HOUSING DEVELOPMENT AT THE SITE OF 551 FISHERMAN STREET AND 300 SHARAZAD BOULEVARD, FOLIO NOS.: 08-2121-004-1610, 08-2121-004-1620, AND 08-2121-004-1630; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS,on June14, 2012,the Planning Council reviewed the site plan application for the Senior Citizens Housing Development to be located at 551 Fisherman Street and 300 Sharazad Boulevard in the City of Opa-locka; and WHEREAS,after reviewing the site plans,the Planning Council recommended approval of the Development; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the Development Agreement between the City of Opa-locka, MV Real Estate Holdings, LLC and RUDG-Town Center, LLC for the construction of the Development. 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. Section 2. The City Commission of the City of Opa-locka hereby approves the Development Agreement between the City of Opa-locka, MV Real Estate Holdings, LLC and Resolution No. 12-8446 RUDG-Town Center,LLC for a 127-unit Senior Citizens Housing Development,at 551 Fisherman Street and 300 Sharazad Boulevard in the City of Opa-locka. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of September, 2012. MY TAYLOR MAYOR A t to: A 1 I /tCAJL'3 Jo. 1 a Flores Int- ,'m City Clerk Approved as to form and legal sufficiency: 1 1 // l le / s 4 ! Jo/ p S yeller ity Att,I ey Moved by: COMMISSIONER ILLER Seconded by: VICE MAYOR JOHNSON Commission Vote: 4-1 Commissioner Holmes: NO Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES NU JUIVUHT, Jtl'ItlVlbtK L,LUIZ /rim )A , Ili:, it •".:x:?' di rv. . i NOTWE OF PUBLIC DEARINti TO CONSIDER EVEL - - F M f.:N NOTICE IS HEREBY GIVEN that a second public hearing will be held by the City Commission of the City of Opa-Locka, Florida at 780 Fisherman Street,r Floor,Opa-Locka,Florida on Wednesday,September 12,2012 at 7:00 p.h, to consider the following' iii:wilt I ligf t+ AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA APPROVING A DEVELOPMENT AGREEMENT CONCERNING A DEVELOPMENT CONSISTING OF 1.78*ACRES LOCATED 'AT 551 FISHERMAN STREET;AND PROVIDING FOR AN EFFECTIVE DATE. 1 APPLICANT HUDG-Town Center,LLC.Fisherman Salih.LLC,and MV Real Estate Holdings,LLC PROJECT NAME:Town Center Apartments { LOCATION:'I lie subject property is located at 551 Fisherman Street and 300 Sharazad Boulevard.Opa-locka,Florida SIZE OF PROPERTY:1.78±Acres PRESENT ZONING:B-2(Commercial Liberal) REQUEST:RUDG-Town Center,LLC,Fisherman Salih,LLC,and MV Real Estate Holdings,LLC,owners and applicants are requesting approval of a development agreement in conjunction with a pending application for approval of a residential multi-family development. Pursuant to the development agreement,the property shall be developed as senior housing 1 as permitted in the Comprehensive Plan and the Land Development Regulations. A copy of the proposed agreement can be obtained at City Hall located at 780 Fisherman Street,Opa-locka,Florida. LEGAL DESCRIPTION: t 21 52 41 .44 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT B BLK 94 LOT SIZE 19216 SQUARE FEET OR 21250- 4040 05 2Q03 2(4)OR 21250-4040 0503 02 ALONG WITH 21 52 41 .40 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO2 TRACT A BLK 94 LOT SIZE 17652 SQUARE FEET OR 21250-4040 05 2003 2(4)OR 27457-1398 071011 ALONG WITH 21 52 41 53 AC Pf3 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT 93 LOT SIZE 24089 SQUARE FEET OR 17466-1254 1196 4 OR 17466-1254 1196 01 LOCATION MAP: LOCATtt711/NAP ,«.... ' l,1 1 1 t t r`` Mu ,4 C , ,j. , - 9 114.h It a t �r. , .." \ k{, Vbe.lOp,dowry lNR14l■ " ,tornie.4.1,epY liner, {$� cauweiuw sw,e i:,.,, e. I TOWPICEKrIER APAE MENFS �.�a �,.M., 1 1 Information relating to the subject application is on file and may be examined in the City of Opa-Locka,City Hall, 780 Fisherman Street,4°i Floor,Opa-locka,Florida.All persons are invited to appear at this meeting or be represented by an agent,or to express their views in writing addressed to the City Clerk,780 Fisherman Street,Opa-Locka,Florida, 33054. Maps and other data pertaining to this application are available for public inspection during normal business hours In City Hall.Any persons wishing to speak at a public hearing should register with the City Clerk prior to that item being heard. Inquiries regarding the item may be directed to the Department of Planning and Community Development at(305)953-2868. Pursuant to Section 268.0105,Florida Statutes,it a person decides to appeal any decisions made by the City Commission with respect to any matter considered at such meeting or hearing,they will need a record of the proceedings and, for such purpose,may need to ensure that a verbatim record of the proceedings is made,which record includes the r testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City '. for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it authorize challenges or r appeals not otherwise allowed by law. In accordance with the Americans with Disabilities Act, all persons who are disabled and who need special s accommodation to participate in this meeting because of that disability should contact the Department of Planning and Community Development at(305)953-2868 no later than 24 hours prior to the proceeding. Joanna Flores,CMG Interim City Clerk Qp OCK Q.__ F O r � \ O N , R City of Opa-Locka Agenda Cover Memo Commission Meeting September 12, 2012 Item Type: Resolution Ordinance Other Date: X (EnterXin box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterXin box) Yes No (Enter X in box) X N/A X Public Hearing: Yes No Yes No (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No N/A N/A (EnterXin box) X Contract/P.O.Required: Yes No RFP/RFQ/Bid#: (EnterXin box) X N/A Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (EnterXin box) X N/A Enhance Organizational I] Bus.&Economic Dev Public Safety O Quality of Education it Qual.of Life&City Image I] Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: To authorize the City Manager to sign and execute a developer's agreement with the above- named entities pursuant to City Ordinance No. 86-8 entitled the Land Development Code for property located at 551 Fisherman Street, Opa-locka FL bearing folio nos. 08-2121-004-1610, 08-2121-004-1620, and 08-2121-004-1630 Staff Summary: RUDG-Town Center, LLC submitted an application for site plan approval. The Planning Council met on June 14, 2012 at a special called Planning Council meeting and reviewed the site plan application submitted by the Developer and has recommended approval of the site plan. F.S. 163.3225 requires that before entering into a development agreement, the City must conduct two (2) public hearings. The first public hearing held on June 14, 2012 received approval from the Planning Council. The second public hearing is scheduled for September 12, 2012 to be held before the City Commission. Should the developer's request for final site plan approval be granted by the City Commission, the attached developer's agreement is a requirement of the City Ordinance 86-8. City Ordinance 86-8 requires that prior to the issuance of a building permit, a developer's agreement is required in order for new developments such as this to be undertaken. Specifically, section 4.16 of the Land Development Code requires the applicant / developer and property owner to agree to the following items: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements required by any government agency having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant i.e. water and sewer, sidewalks, roads, turn lanes, etc., shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verity on-going compliance with all regulations. There are other items listed in the attached developer's agreement such as payment in lieu of taxes provision in the event the developer applies for an affordable housing tax exemption. Proposed Action: Staff recommends approval Evaluation: There are no immediate financial impacts associated with executing this agreement, however, indirectly once site and building improvements are completed, the City will realize enhanced tax revenues, impact fees, and 30% of all building permit fees. Attachment: City Ordinance 86-8 sec. 4.16 Preliminary Revenue Snapshot Resolution No. 5058 Proposed Developer's Agreement • �oF ti f) I'm'o Memorandum TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice Mayor Timothy Holmes, Commissioner Rose Tydus, Commissioner Gail Miller, Commissioner FROM: Kelvin L. Baker, Sr., City Manage DATE: August 9, 2012 RE: Developer's Agreement between the City of Opa-locka ("the City"), MV Real Estate Holdings, LLC, and RUDG-Town Center, LLC for a 127-unit Senior Housing Development for property located at 551 Fisherman Street, Opa-locka, Florida Request: To authorize the City Manager to sign and execute a developer's agreement with the above-named entities pursuant to City Ordinance No. 86-8 entitled the Land Development Code for property located at 551 Fisherman Street, Opa-locka FL bearing folio nos. 08-2121-004-1610, 08-2121-004-1620, and 08-2121-004-1630 Description: RUDG-Town Center, LLC submitted an application for site plan approval. The Planning Council met on June 14, 2012 at a special called Planning Council meeting and reviewed the site plan application submitted by the Developer and has recommended approval of the site plan. Should the developer's request for final site plan approval be granted by the City Commission, the attached developer's agreement is a requirement of the City Ordinance 86-8. City Ordinance 86-8 requires that prior to the issuance of a building permit, a developer's agreement is required in order for new developments such as this to be undertaken. Specifically, section 4.16 of the Land Development Code requires the applicant / developer and property owner to agree to the following items: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements required by any government agency having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant i.e. water and sewer, sidewalks, roads, turn lanes, etc., shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verity on-going compliance with all regulations. There are other items listed in the attached developer's agreement such as payment in lieu of taxes provision in the event the developer applies for an affordable housing tax exemption. Financial Impact: There are no immediate financial impacts associated with executing this agreement, however, indirectly once site and building improvements are completed, the City will realize enhanced tax revenues, impact fees, and 30% of all building permit fees. Implementation Time Line: Immediately Legislative History: The Commission approved a lease with an option to buy property identified by folio no. 08-2121-004-1610. This option entailed $100,000 purchase price with pre-purchase monthly payments of$800. The Third party has made its payments as promised. Nevertheless, staff is recommending that this transaction and RUDG's request to increase the purchase price of the property to $250,000 be supported by the Commission. Recommendation(s): Staff recommends approval Attachment(s): City Ordinance 86-8 sec. 4.16 Preliminary Revenue Snapshot Resolution No. 5058 Proposed Developer's Agreement Prepared By: Howard W. Brown, Jr. Community Development Director r Gerald Lee, City Planner- FY 2012-2013 REVENUE SNAPSHOT SENIOR HOUSING DEVELOPMENT 551 FISHERMAN STREET OPA-LOCKA, FLORIDA 33054 Category Tax/Fee Sq.Ft/ FY 13 FY 14 FY 15 FY 16 Millage Rate Impact Fees Parks 0.722 97,500 $70,395.00 Public Safety 0.116 97,500 $11,310.00 Road/Drainage Impact Fee 0.454 97,500 $44,265.00 Total Impact Fees $125,970.00 Franchise Fees Florida Power and Light $96.44 127 x 12 x.059 $8,671.50 $8,671.50 Telecommunications* $1,200.00 50 x 0.572 $3,432.00 $3,432.00 Waste Management $9,788.00 $9,788.00 Stormwater Utility Fees $1.90 127 $2,895.60 $2,895.60 Water and Sewer $67,600.00 $67,600.00 Total Franchise Fees $92,387.10 $92,387.10 Building,Permitting and Licensing Fees Occupational Tax Certificates $1,315.00 $1,315.00 Building Permit Fees** -, 97,500 $24,000.00 Landlord Permit Fees*** 75.00 127 $9,525.00 $5,715.00 Site(paving and drainage) $8,000.00 Total Permit Fees $32,000.00 $10,840.00 $7,030.00 Ad Valorem Taxes 08-2121-004-1610 168,623 x 9.1526/1000 $1,543.34 $1,543.34 08-2121-004-1620 123,564 x 9.1526/1000 $1,130.93 $1,130.93 08-2121-004-1630 134,512 x 9.1526/1000 $1,231.13 $1,231.13 Combined Site 18,900,000 x 9.1526/1000 $172,984.14 $172,984.14 Total Taxes $3,905.40 $3,905.40 $172,984.14 $172,984.14 Property Sale $250,000.00 Total Property Sale $250,000.00 Grand Total $411,875.40 $3,905.40 $276,211.24 $272,401.24 Date:September 6,2012 Prepared by:Community Development Dept. *Telecommunications tax is based on assumption of 50 new accounts and DOR multiplier **70%of all building permit fees are paid to CAP,Consulting ***Landlord permit fees decrease from$75 to$45 after year 1 THE ABOVE FEES ARE ONLY ESTIMATES AND USED FOR PLANNING PURPOSES ONLY [14 Q Y ` FYI Ci :T O�.�.•,k 10. rJ rd MINUTES SPECIAL PLANNING COUNCIL MEETING THURSDAY,JUNE 14,2012 ROLL CALL: The meeting was called to order at 7:00 p.m. by Howard W. Brown, Jr. Present were members Lillie Odom, Elio Guerrero and Chairman Calvin Russell. Also present was Attorney Hope Calhoun who sat in for City Attorney Oliver Gilbert, III, Community Development & Planning Department Director Howard W. Brown, Jr., and City Planner Gerald J. Lee. Absent members were Joseph Kelly& Steven Barrett. II INVOCATION AND PLEDGE: Chairman Russell said the invocation and the Pledge of Allegiance followed. III APPROVAL OF MINUTES: June 5,2012 Member Elio Guerrero made a motion to table the minutes for the next meeting and Member Lillie Odom seconded the motion. Roll Call Elio Guerrero - yes Lillie Odom - yes Joseph Kelley - yes Upon roll call the minutes passed 3-0. IV. PUBLIC HEARINGS: 1. Applicant Name: City of Opa-locka. Address: 780 Fisherman Street,Opa-locka,FL 33054. Agenda Item#3 REQUEST: CONSIDER A FUTIRE LAND USE MAP AMENDMENT TO DEVELOP THE CITY'S COMPRENSIVE DEVELOPMENT MASTER PLAN Mr. Brown recommended that the comprehensive plan be amended. He provided ways in which the plan could be changed. Brown noted that the Tri-Rail is in close proximity(less than % mile) of the TOD. He said he believed the TOD would encourage pedestrian friendly usage and encourage use of public transportation. Brown reminded the Planning Council that in 2011, the city&the Planning Council adopted an Evaluation Appraisal Report(E.A.R). The report listed a timeline to generate ordinances that encourage TOD and also provided policies and guidelines in which to do so. Policy 7.1 provided outlines to generate ordinances that will encourage TOD and 7.3 promoted high density to mixed use areas. These policy guidelines were adopted by the Planning Council, Mayor and Commission last year. Brown stated that all staff was trying to do was implement some of these policies. Brown described the TOD as a mixed-use property where there would be retail on first floor and residential units on second floor. This design is typical and can be found in many cities; however he noted that current regulations don't allow for the use. Brown stated that he'd like to have this mix use in the community,but current regulations haven't been updated since 1986. He said that the request would allow staff to go about bringing up these kinds ideas and implement change. Brown indicated the red lines on the grid highlighted the boundaries of mixed use areas known as City Center. They're concentrated in Shebondy Park and go as far as the railroad area. Brown went on to the next slide and showed the existing future land use map. The map's legend indicated green for parks. He said staff was making sure that the parks were clearly specified. The black dotted lines show the boundaries of the TOD the overlay district. Brown told the Planning Council that they were welcome to look at the analysis in their packets. The infrastructure packet analysis showed what the impacts are for the city; traffic, transportation, water, and sewer. Those are the things that were covered. Staff recommended that the Planning Council do 4 things; 1. Amend the city's comprehensive development master plan to create the transit overlay district. 2. Amend the future land use map to apply this TOD to City Center. 3. Amend the parks and recreation element of the comp plan. Last year the city purchased property in Segal Park that hadn't been developed yet, that property immediately adjacent east of Segal Park. That allowed us to increase our level of service. When we purchased the park, (a little less than 2 acres) it put us above the standard. Brown said that we were meeting the parks level of service and are updating the existing park and recreational areas. 4. Permission or authorization to transmit this amendment to the department of economic opportunity(which is required) • Chairman Russell said this issue was similar to how some properties are set up in Miami Lakes with businesses on the lower floor while residential units are on top He liked the plan but wanted to know what studies have been done to show and assure that businesses/investors would participate in the launching this project in Opa-locka. Brown agreed with Russell's concerns and addressed some the challenges that staff were facing. He said developers come to the Community Development&Planning Department in an attempt to propose new projects; however the city doesn't have adequate ordinances or infrastructure that addresses their concerns for redevelopment. Brown said that the opportunity wasn't even there for a developer to make changes. He said that the market will determine how much retail space will be leased. It would happen; it may not be exactly how residents would envision it with the typical gentrification (i.e. Starbucks)but the market would determine the demand. Brown stated that Miami-Dade County did a study and results showed that there was a need for TOD development in and around the Opa-locka transit area. Staff believed that the market will support the study, but unfortunately ordinances don't allow for it. This request will be an economic redevelopment tool that will open doors for opportunity and allow of these things to happen. Chairman Russell said most of the time when developers come in they build, after they're gone retail space can't be filled and therefore we put everything and anything in there. This has been the experience in the City of Opa-locka. In the end nothing that we desire doesn't ends up being in there. Elio Guerrero asked as far as the parks and recreation element was concerned, was there an idea to build more parks and a recreational center? Brown said that when they did the comp plan in 2008, staff discovered that the city was deficit in park and recreational space. The city purchased property which was not included in the last update. He said that the city was now state compliant in terms of in terms of our own comp plan and adequate park space. The plan is to have 1.8 acres for every 1000 persons, according to our current code we are state deficient. Brown said the city was need of more park and recreational space. He noted that when developers work on projects in the city, the city assesses impact fees. Those fees go to purchasing and acquiring of real estate. However the city hasn't had much real estate development in quite some time. Chairman Russell thanked staff for their efforts in trying to put something forward. He asked if there were any more questions. He then called for a public hearing. After no response, the public was hearing closed. Member Elio Guerrero made a motion to approve the item and Member Lillie Odom seconded the motion. Roll Call Lillie Odom - yes Elio Guerrero - yes Joseph Kelley - yes Upon roll call motion passed 3-0. 2. Applicant Name: RUDG-Town Center,LLC,Fisherman Saliah,LLC &MV Real Estate Holdings,LLC Address: 551 Fisherman Street&300 Sharazad Boulevard, Opa-locka,FL 33054 Agenda Item#1 REQUEST: SITE PLAN APPROVAL TO CONSTRUCT A 124-UNIT ELDERLY HOUSING DEVELOPMENT Attorney Calhoun announced the next item. Lee proposed the question; under what conditions should the Planning Council consider the final site plan? HE stated that the city had already adopted legislation as part of the land development code to deal with site plan reviews. Lee noted that in 2011, the city adopted their last E.A.R. (what is the EAR) and included in the adoption,policy that dealt with the inclusion of the transit oriented development(TOD). The city decided to adopt an ordinance that addressed the creation of TOD zoning. Lee gave a timeline of events that happened. In March of 2012, the city adopted this ordinance to create the TOD zoning district. In May 2012, staff received their first application. On June 4, 2012 staff reviewed the application with the applicant. Staff reviewed the site plan and submitted documents that met the requirements of our land development regulations. Lee showed on the map where the TOD was located near city center; which is the best place to take advantage of it of the transit HUB that's near it. It would promote pedestrian friendly use and mixed use such as commercial, residential, and retail. The site this plan is for the summation of 3 different parcels totaling 1.70 acres which the easement between the third and the fourth property. This makes it for a decently sized project. We received comments from the public works department. They requested that the applicant conduct an analysis of the existing piping system and provide adequate water supply to meet the water demand and fire flow. The applicant is aware that fire hydrants will be required and are necessary. It has also been recommended that new water mains be installed considering the age of the existing pipes. Staff has also considered the vibration effects due to the installation of tile foundations and conduct sanity pump stations instead of digging city streets up to avoid installation of lengthy sanitary pipe lines. The applicant will provide an analysis of the sanitary piping system and provide a drainage system. The finished floor elevation is a foot above the based elevation based on the traffic study it and had negative impact. Staff recommended the approval of subject to conditions of the TOD. Staff states that they are in compliant with everything the ordinance requires and code mandates. Chairman Russell asked to hear the presentation of the project by the developers. Albert Milo began his presentation as one of the principal from the Related Urban Group. He brought his development team,project manager Luis Castillo, attorney Allen Krischer. The Architect was present, and Willie Logan from the Opa-locka CDC non-profit. He thanked the Council for having the opportunity to hold this special meeting and informed the panel if they had any questions or concerns that they could ask the individuals stated above. Milo began the PowerPoint Presentation and showed in the first slide the actual location of the site. He wanted to show the board what a 5 minutes walking radius looked like to the proposed development. He said the project was within the new TOD overlay district and they were attempting to promote higher density for that area. Not only was the project within the downtown district, amenities such as the post office, government offices, and the Tri- Rail station are nearby as well. The project was within close proximity to the grocery store and community center in Shebondy Park. Also nearby is the medical clinic and Department of Children& Families service across the street. Within a 5 minute walking radius of our proposed development are amenities and infrastructure that meet the needs of the community to have a productive place to live. The developer stated that they are making a conscious effort to building a sense of community and use public art as a medium to build that sense of community. . They're heavily involved and will be working with nationally renowned artist Walter Hood who is going to help with these endeavors along with the Opa-locka CDC to bring the art to public places. Milo felt that this project was going to be the catalyst for neighborhood transformation in and around city center. We are going to have our community outreach through our nonprofit partners. The site plan will incorporate 3 parcels that will consist of 124 units that are designed for elderly housing. The community will be a gated community that will have a pedestrian link of Fisherman Street into the city center. They're going to have covered parking, lush area and landscape grounds, and will have a private passage to allow the elderly residents to have outdoor amenities that they may enjoy such as covered gazebos. A big part of the development will be incorporation of as many green features as possible and also energy conservation features such as cross ventilation and reflective roof material to lower the heat effect. Insulated hurricane impact windows, energy star appliances low VLC paints formaldehyde free cabinets,plumbing fixtures will be conservation high efficiently air conditioners. Milo stated that this will be first project that the ordinance will allow to make an investment. He spoke about the economic benefits and investments. Milo said that he's hoping to be able to begin work on the project by October. He felt this project would be the catalyst for City Center and Opa-locka's Downtown District. They have financing lined up with Bank of America who will initially invest about 8 million dollars worth for construction bonds into the project. The project will also receive tax credit equity for$5.7 million dollars from Raymond James. They've received an award from Miami Dade County MSp3 program of 7.7 million dollars. We have an additional award from MDC Housing Finance Authority from the McKinney funds in the amount of$500,000. Opa-locka CDC's contribution to the project will be between$500,000 to $750,000. There will be some economic benefits for the city. One of the parcels is currently city owned so the city will be receiving compensation for that portion of the property. There will be impact fee revenues generated for parks and services for the city. Permit revenues generated with developments increased annual real estate taxes from a vacant site to an improved site. Revenues will also flow because of increased monthly utility fees for the city. More importantly for this environment job creation during the construction of the property and the stabilization of the property. It will be a senior development in the city a lot of support from private sources and public sources to make this project a reality. Your adoption of the ordinance will actually be the opportunity for us to come and invest in the city. As those ordinances are adopted, the TOD will provide for private investors to come in and make investment. You're doing your part to invest money in the city. Milo stated if the panel, staff or public had any questions, he'd be there to answer them can answer and any one of the development team members can answer if it's specific to you area of expertise we thank you for your time. Lillie Odom asked if he project was going to accommodate 124 units and how many floors? Milo responded six residential floors and one story parking for a total of 7 floors. Guerrero asked what age constituted as elderly housing. Milo responded age 59 and over as the definition of the US Department of Housing and Urban Development. Chairman Russell said he didn't have any questions. Russell asked staff how they expect members recommending approval of this 7 story building when previous projects with just 1 story haven't been successful. He states those projects couldn't go through because of the lift station. Russell asked staff from Community Development to make him believe that could happen. He wanted to know if lift stations have been upgraded. Chairman Russell said that the Planning Council and the Commission have passed through items that still haven't taken off. Russell said that he had spoken with staff several times about that. He wanted to find out what exactly would make this project work as opposed to the other ones. Brown said that the Chairman made really good points. If you look at the lift station area map that we've put together, lift station 11 a was under a DERM moratorium, and the city has speeded up the process. We have awarded a contract to a contractor to rehab the lift station. That's scheduled to be rehabbed within the next 6 months. Right now there are two projects that are going to be linking into that one Sherbondy Village. Brown noted what happens you don't maintain your infrastructure. He said the office development you're talking about they don't have an allocation letter from DERM because of the moratorium and of course this project will not be able to be constructed or CO'ed until that happens. However he believed that we're going to have a lot of things coming all together at one time. Brown said that the lift station will be ready and on the work we've done with the city engineer we're rehabbed a tremendous number of lift station within the past year. They fixed pump stations 1 and 2 in Magnolia North. They did that less than a year which is remarkable based on our past history and staff thinks they are going to have adequate sewer to build this project and deal with the office. They rehabbed pump station number 14 which is off of moratorium and within the last 2 years they've taken 4 lift stations off of moratorium that are now working. This allows for developers to come in and have the opportunity to build. They've also worked on pump station#5, so in total, 5 of the 16 lift stations have been prepared city wide. Brown says that their department is doing a good job in preparing lift stations city wide for developers. Russell stated that he appreciated the work and efforts from Community Development and called for a public hearing. Resident Oria Rodriguez introduced herself and provided her address for the record to be 7085 W Superior Street, Opa- Locka, FL 33054. She wanted to know about height regulations with regard to the building. Since the proposed project is a 7 story high building, she wondered I if the developer investigated with the airport about height limitations because of the planes. She wanted to make sure the developer's received clearance from FAA or Miami Dade County. Another concern for her was how many sq ft each unit would be. In terms of the project, Mrs. Rodriguez wanted to know if the project was for low income, Section 8 housing? She also wanted to know if the project was for elderly housing, how they were going to select the applicants. Mrs. Rodriguez stated that she would not approve it until all she had all these questions answered. Chairman Russell stated with all due respect, all the Council wanted to know if she was for or against the project so far. Russell said he thinks Community Development had presented some of those questions and answers. He said from what he's hearing, you're against the project. Rodriguez responded yes she was against the project until all those concerns were clarified. Chairman Russell asked if anyone else was for against the project. No one responded and the public hearing closed. Chairman Russell asked staff to address some of the concerns that were raised previously. Mr. Brown stated that he believed the applicant could better respond the questions and have a team to do so. Russell said since Community Development reviewed the application,he's sure they would be able to answer. Brown said he knew off the top of his head with the size of the units 1 -2 bedroom units that the 2 bedroom is 864sq ft. Brown said that he hadn't spoke with or interfaced with the FFA. He replied that staff was told by the developer that they have interfaced and Miami Dade County Aviation and covered all those bases. Subject to that they provide you the details. Milo said we have contacted Miami Dade County aviation and the FFA. We are not in the runaway area or the direct path. (Inaudible)we don't have any issues regarding the aviation clearance. Russell asked if anyone had any additional questions. A motion to approve the project was called by Elio Guerrero and seconded by Lillie Odom Roll Call Lillie Odom - yes Elio Guerrero - yes Calvin Russell - yes Upon roll call motion passed 3-0. Chairman Russell said he hoped that the project comes to fruition. We have had several project attempted to get in that area. It's a good start with the senior citizen building and we always weed something for our senior citizens. 3. Applicant Name: RUDG-Town Center,LLC,Fisherman Saliah,LLC &MV Real Estate Holdings,LLC Address: 551 Fisherman Street&300 Sharazad Boulevard, Opa-locka,FL 33054 Agenda Item#2 REQUEST: APPROVAL OF DEVELOPER'S AGREEMENT Attorney Hope Calhoun discussed the agreement. She stated that Section 4.16 states when a development looks to have building permits issued they would need to show the city an executed developer's agreement. The agreement provides that there has to be certain type of infrastructure regard to the materials used, what the building will look like and type of development that will go in the property. That has been prepared and been reviewed by the parties. Basically, it will lay out those things . Necessary concurrencies will be in place. The concurrency speaks with the need for the permits to be in place. The agreement has been prepared in draft form. The development team is reviewing it as so city staff Mr. Brown said he'd like to point out some things that are in this agreement. This is specifically for a senior housing development. We also put in this agreement that in the event this project becomes an affordable housing project in regards of getting tax exemptions they would have to pay the city payment in lieu of taxes which is in this document as well. There is property owned by the city in the event that the city receives a tax bill the developer will be responsible for paying taxes associated with that property. That is the biggest thing in the developer's agreement that I wanted to point out to you. Chairman Russell said if the draft is not completed then why are you looking for us to , give an approval because it's a draft. Brown said I knew that it was a draft but the attorney and staff was okay with the document. Chairman Russell asked if the document was complete. Attorney Calhoun said the document is complete and all the code requires is that it is to to be executed before they get any building permits. So by draft for they mean it's not executed. Both sides have seen it and they've received it we are not aware of any substantive issues with it. Chairman Russell asked if there was a total agreement with both parties. Attorney Calhoun stated Attorney Krischer would speak to that their attorney is here and they can speak to it. Allen Krischer, from Holland&Knight introduced himself He said as the city attorney and professional staff have indicated they've reviewed the agreement. The reason it's before you in draft form is that as this project goes through the approval process the purpose of this document to memorize to lock the developer into the representations that have been made tonight and at final approval. To the extent that other changes and additional conditions come up those will be reflected in the agreement. Substance as it exists today has been reviewed by the developer and we're agreement with it, and it is out anticipation that at the conclusion of this process we'll execute it and it will be recorded. Any question Chairman Russell: Public hearing open,public hearing was closed. Member Elio Guerrero made a motion to approve the executed draft and Member Lillie Odom seconded the motion. Upon roll call the minutes passed 3-0. Lillie Odom - yes Elio Guerrero - yes Joseph Kelley - yes V. OTHER BUSINESS—STAFF UPDATE Mr. Brown said that on June 5, 2012, the Community Planning and Development Department has a court challenge with a company called DanRon. In DanRon vs. City of Opa-locka and we prevailed thanks to Greenspoon Marder our attorney. The court said that we know how to interpret our ordinances and they agreed with us. Mr. Brown thanked Hope Calhoun from, Greenspoon Marder and Oliver Gilbert who actually represented us there and did an outstanding job for us. We happy to know that we did prevail in court. Motion to adjourn Vi. ADJOURNMENT With no further business to be discussed,the meeting adjourned. Submitted by Gerald Lee Planning Council Board Clerk ATTEST: /// ''residing Officer,Administrative Head,Designee Planning Council Chairperson/Vice-Chairperson Title 83/31/2883 23:87 3889532834 v1/. .Arpin ..... ..._.... NSSOL1MON No. 5058 • R r RN80.VTION Or STIR CITE ON OWA,LOCK , KONICA . SONNOnnie IOC COMM OF A ParattattaTION PAIR MOM h— 'Z WON ml cm ON SINA F OF ITS Y IMAM A /02 ONSIU O TO DO atlefelas will= !se CL4T OP CPA-IACRA. • Wlaa88ag, the City of spa-locka is interested in addressing the issue of eoomoni,o insquallty within the City and ;reposes to effectively address this problem using its legislative power to septet written agreements between the City and business entities actively engaged and/or desiring to do business within the City of Ope-locket and waldt8a8, the City Ccleneiesioa of the City of Opa-lacks wishes to establish the following goals threagh the above mentioned agreements 1. Aggressive affirmative motion programs 2. Strellem hiring and pr+omot Policies for Cpa-loehams sad minority re ootr. 3. the d eeelimp set of a resident and vendor remnatee beak of � eprefesekenals to by bu� sses ..boring ibto the City. 4. Increase particaes tta and rq. isstation of Cp-isdm en �oace►te haven with businesses aoti s y a do boatmen with the 5. Agsnaai va policies befeinssseet within th*�Cipa-locka tombs oaatribations to charitable atomisation and Causes. 118, the City shall require entities interested in doing business within the city of spa°locks to provide . a complete profile of their operations) and MOW, all profiles are to be submitted according to the guidelines established by the CitY, and 93/31/2983 232 0T 3959532934 CITY C06W CITY CLEW RAGE 86 NUR 3. Cho City Manager shall _.gvirad to prepare a semi-asnmal report 49 to the effectiveness Of the Pastioigstion Pair Share Agreement program. h10hi, ?ABU, the'C=fr Cdr=uxcS OP T'88 cm op oPA-LocKA, mum, hereby resolves theft Section 1. That St does hereby support the concept of a lair share Agreement program. Section 2. That said Pair Share Agreement shall be Clay rs 1p by eve. as apart of the procurement policies. Section 2. That the City Manager is hereby directed to by the City y Commission. for review PASSIM sad A0014RD this at, day ofteLaivt.d , 1988. t 112,16„,, omumice L 4.0 Ommiseaccer Vim IDSOr Panora Pbsent Moat avow lbw 4.16. GENERAL PROVISIONS FOR SUBMITTAL OF DEVELOPER AGREEMENTS Simultaneous with an application for a development order or building permit(excluding 1- single family or 1-duplex structure), the applicant shall submit a properly executed application for administrative review in the form set forth by the City's staff and pay the appropriated review fees as set forth by resolution adopted by the City Commission. A. The applicant shall include with the request for administrative review a signed copy of the following statement with the application: 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: 1. All impacted public facilities shall be adequate to serve the site 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; 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 e 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. 54.1 • A requirement that the applicant,his successors or assigns,shall comply with the requirements of the final development order. 9. An agreement to provide necessary public improvement bonds, legal agreements, etc. 10. 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. 11. Compliance with Resolution No.5058,the Fair Share Agreement Resolution. B. A Developer Agreement which the applicant has submitted as a condition of receiving final development order shall be recorded by the City in the public records of Dade County at the expense of the applicant and by declaration of restrictions executed by all parties having an interest in, or lien on the land, and running with the land prior to receiving the first building permit. (Ordinance No.90-18,adopted October 14,1990) 54.2 eice t-L,e OQp-IOCkQ c Joanna Flores, CMC • .;I• (305)953-2800 Interim City Clerk y ary Fax: (305)953-2834 0 4poRptE9 Email:jflores(a opalockafl.gov August 31, 2012 Dear Property Owner: YOU ARE HEREBY NOTIFIED that the City Commission of the City of Opa-locka will conduct a Public Hearing on Wednesday, September 12,2012 at 7:00 p.m.at the Opa-locka Municipal Complex, 780 Fisherman Street, 2nd Floor, Opa-locka, Florida to consider the following items: RESOLUTIONS/PUBLIC HEARING A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,TO GRANT FINAL SITE PLAN APPROVAL FOR CONSTRUCTION OF A 127-UNIT RESIDENTIAL SENIOR HOUSING DEVELOPMENT PROJECT AT THE COMBINED SITE OF 551 FISHERMAN STREET AND 300 SHARAZAD BOULEVARD,OPA-LOCKA,FLORIDA,DESCRIBED IN FOLIO NUMBERS 0821210041610, 0821210041620, AND 0821210041630 CONSISTING OF 1.78 ± ACRES;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING A DEVELOPMENT AGREEEMENT CONCERNING A DEVELOPMENT CONSISTING OF 1.78±ACRES LOCATED AT 551 FISHERMAN STREET AND 300 SHARAZAD BOULEVARD,OPA-LOCKA,FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. APPLICANT: RUDG-Town Center,LLC,Fisherman Salih,LLC,and MV Real Estate Holdings, LLC PROJECT NAME: Town Center Apartments LOCATION: The subject property is located at 551 Fisherman Street and 300 Sharazad Boulevard, Opa-locka, Florida SIZE OF PROPERTY: 1.78±Acres PRESENT ZONING: B-2 (Commercial Liberal) REQUEST: RUDG-Town Center,LLC,Fisherman Salih,LLC,and MV Real Estate Holdings,LLC, owners and applicants are requesting approval of a development agreement in conjunction with a pending application for approval of a residential multi-family development. Pursuant to the development agreement, the property shall be developed as senior housing as permitted in the Comprehensive Plan and the Land Development Regulations. A copy of the proposed agreement can be obtained at City Hall located at 780 Fisherman Street, 4TH Floor, Opa-locka, Florida. City Hall • 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Page-2- LEGAL DESCRIPTION: 21 52 41 .44 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT B BLK 94 LOT SIZE 19216 SQUARE FEET OR 21250-4040 05 2003 2(4)OR 21250-4040 0503 02 ALONG WITH 21 52 41 .40 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT A BLK 94 LOT SIZE 17652 SQUARE FEET OR 21250-4040 05 2003 2(4) OR 27457-1398 0710 11 ALONG WITH 21 52 41 .53 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT 93 LOT SIZE 24089 SQUARE FEET OR 17466-1254 1 196 4 OR 17466-1254 1196 01 ALL INTERESTED PERSONS ARE ENCOURAGED TO ATTEND THIS MEETING AND WILL BE HEARD WITH RESPECT TO THE PUBLIC HEARING. For further information regarding this matter, please contact the Office of the City Clerk. PURSUANT TO FS 286.0105:Any person who desires to appeal any decision made by any board, agency or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sincerely, Joanna <Ffores, C771C Interim City Clerk City Hall • 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Iglesia De Dios Pentecostal Johnny Lester & W Robbie Fleet Reserve Hall Inc PO Box 541485 10991 SW 222 Terrace 657 Fisherman Street Opa-locka, Fl 33054 Miami, FL 33170 Opa-locka, Fl 33054 David Grant Ocean Drive Hotel Corp Missionary Christian Church 17740 NW 14 Court 2030 S Douglas Road, Ste. 105 695 Caliph Street Miami, FL 33169 Coral Gables, Fl 33134 Opa-locka, FL 33054 MV Real Estate Holdings Med One Medical Management Po Folk Invest& Dev Inc 13943 SW 140 Street 470 Fisherman Street 1772 Dobson Dr SW Miami, FL 33186 Opa-locka, FL 33054 Atlanta, GA 30311 Opa Property Management Corp Mikon Fin Service Inc Miguel Antel & W Flavia 6051 N Ocean Dr#304 6405 NW 36 Street, Ste 117 390 Aladdin Street Hollywood, F133019 Miami, Fl 33166 Opa-locka, Fl 33054 U S Bank N Atrs Albert Rios & W Hilda Lee Bouie C/O Florida Default 345 Sharazad Blvd 301 Sharazad Blvd 9119 Corp Lake Dr Ste 300 Opa-locka, FL 33054 Opa-locka, Fl 33054 Tampa, FL 33634 Melba Rodriquez Esperanza Gonzalez Community Fund of North Miami 391 Sabur Lane 371 Sabur Lane Dade Inc Opa-locka, Fl 33054 Opa-locka, Fl 33054 490 Opa-locka Blvd Ste 20 Opa-locka, Fl 33054 CSX Transportation Inc Kazah Temple#149 of Miami FL U S Postal Service 500 Water Street PO Box 2515 Opa-locka Main Office Jacksonville, FL 32202 Opa-locka, Fl 33054 550 Fisherman Street Opa-locka, FL 33054 Jesus Hernandez Tiitf Dms Reginal Service Center Mario Jerdeja 1149 Dunad Avenue 3900 Commonwealth Blvd PO Box 440665 Opa-locka, Fl 33054 Tallahassee, FL 32399 Miami, FL 33144 Fisherman Salih LLC North Dade Community Development Milton A Thompson& W Romona 780 Fisherman Street 13850 NW 26 Avenue 16621 E Troon Circle Opa-locka, Fl 33054 Opa-locka, Fl 33054 Hialeah, FL 33014 RELATED URBAN DEVELOPMENT GROUP 315 S BISCAYNE BLVD MIAMI, FL 33131 • Page-2- LEGAL DESCRIPTION: 21 52 41 .44 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT B BLK 94 LOT SIZE 19216 SQUARE FEET OR 21250-4040 05 2003 2(4)OR 21250-4040 0503 02 ALONG WITH 21 52 41 .40 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT A BLK 94 LOT SIZE 17652 SQUARE FEET OR 21250-4040 05 2003 2(4) OR 27457-1398 0710 11 ALONG WITH 21 52 41 .53 AC PB 34-76 OPA LOCKA 2ND REV PLAT NO 2 TRACT 93 LOT SIZE 24089 SQUARE FEET OR 17466-1254 1196 4 OR 17466-1254 1196 01 ALL INTERESTED PERSONS ARE ENCOURAGED TO ATTEND THIS MEETING AND WILL BE HEARD WITH RESPECT TO THE PUBLIC HEARING. For further information regarding this matter, please contact the Office of the City Clerk. PURSUANT TO FS 286.0105:Any person who desires to appeal any decision made by any board, agency or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sincerely, 7oanna Flores, ( MC Interim City Clerk . . City Hall • 780 Fisherman Street, 4th Floor, Opa-locka, Florida 33054 • (305) 688-4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP Iglesia De Dios Pentecostal Johnny Lester& W Robbie Fleet Reserve Hall Inc PO Box 541485 10991 SW 222 Terrace 657 Fisherman Street Opa-locka, Fl 33054 Miami, FL 33170 Opa-locka, Fl 33054 David Grant Ocean Drive Hotel Corp Missionary Christian Church 17740 NW 14 Court 2030 S Douglas Road, Ste. 105 695 Caliph Street Miami, FL 33169 Coral Gables, Fl 33134 Opa-locka, FL 33054 MV Real Estate Holdings Med One Medical Management Po Folk Invest& Dev Inc 13943 SW 140 Street 470 Fisherman Street 1772 Dobson Dr SW Miami, FL 33186 Opa-locka, FL 33054 Atlanta, GA 30311 Opa Property Management Corp Mikon Fin Service Inc Miguel Antel & W Flavia 6051 N Ocean Dr#304 6405 NW 36 Street, Ste 117 390 Aladdin Street Hollywood, F133019 Miami, Fl 33166 Opa-locka, Fl 33054 U S Bank N Atrs Albert Rios & W Hilda Lee Bouie C/0 Florida Default 345 Sharazad Blvd 301 Sharazad Blvd 9119 Corp Lake Dr Ste 300 Opa-locka, FL 33054 Opa-locka, Fl 33054 Tampa, FL 33634 Melba Rodriquez Esperanza Gonzalez Community Fund of North Miami 391 Sabur Lane 371 Sabur Lane Dade Inc Opa-locka, Fl 33054 Opa-locka, Fl 33054 490 Opa-locka Blvd Ste 20 Opa-locka, Fl 33054 CSX Transportation Inc Kazah Temple #149 of Miami FL U S Postal Service 500 Water Street PO Box 2515 Opa-locka Main Office Jacksonville, FL 32202 Opa-locka, Fl 33054 550 Fisherman Street Opa-locka, FL 33054 Jesus Hernandez Tiitf Drns Reginal Service Center Mario Jerdeja 1149 Dunad Avenue 3900 Commonwealth Blvd PO Box 440665 Opa-locka, Fl 33054 Tallahassee, FL 32399 Miami, FL 33144 Fisherman Salih LLC North Dade Community Development Milton A Thompson& W Romona 780 Fisherman Street 13850 NW 26 Avenue 16621 E Troon Circle Opa-locka, Fl 33054 Opa-locka, Fl 33054 Hialeah, FL 33014 RELATED URBAN DEVELOPMENT GROUP 315 S BISCAYNE BLVD MIAMI, FL 33131