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Home My Public Portal About12-8493 Magnolia North to Construct a 12 Unit Apartment Complex Sponsored by: City Manager RESOLUTION NO. 12-8493 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO APPROVE A DEVELOPER'S AGREEMENT BETWEEN MAGNOLIA NORTH 2145 APARTMENTS, LLC, AND THE CITY OF OPA-LOCKA FOR THE PROPERTY LOCATED AT 2145 LINCOLN AVENUE, OPA-LOCKA, FL DESCRIBED AS FOLIO NOS. 08-2122-003- 0130 AND 08-2122-003-0170; FOR THE PURPOSE OF CONSTRUCTING A TWELVE UNIT APARTMENT COMPLEX;; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in accordance with Section 4.16 of the City's Land Development Code, a Developer's Agreement is required for all new developments, except single-family homes and duplex construction; and WHEREAS, the Developer's Agreement spells out the terms, specifications, obligations and other requirements for the parties; and WHEREAS, Florida Statute 163.3225 requires the City to conduct two (2) public hearing, before execution of a Developer's Agreement; and WHEREAS, the City's Planning Council held a public hearing on October 2, 2012, to consider the Developer's Agreement; and WHEREAS, the City Commission of the City of Opa-locka held a public hearing on December 12, 2012, to consider the Developer's Agreement; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the Developer's Agreement between the City of Opa-locka and Magnolia North 2145 Apartments, LLC, for the construction of a twelve unit apartment complex at 2145 Lincoln Avenue. Resolution No. 12-8493 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 Developer's Agreement between the City of Opa-locka and Magnolia North 2145 Apartments, LLC, for the construction of a twelve unit apartment complex at 2145 Lincoln Avenue, subject to the following: 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 applicable 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 maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verify on-going compliance with all regulations. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of December, 2012. /0, YRA AYLOR MAYOR iitest to: 41.■ I glievuL—D J►J111-ilia Flores y Clerk Ap.roved as . form .nd legal suffi• -ncy: LOMA.1 k 4 , ti I Jos-ph S. I el er ti , Atto ey Resolution No. 12-8493 Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER JOHNSON Commission Vote: 3-2 Commissioner Holmes: NO Commissioner Johnson: NO Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 11234803 vl THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,NOVEMBER 25,2012 I 9ND NEIGHBORS CALENDAR CITY OF OPA-LOCKA NOTICE OF PUBLIC HEARING •CALENDAR,FROMBND ® "Ma daeraId.coe1/ Center A.UMN7v.2.BaBank United TO CONSIDER DEVELOPMENT AGREEMENT Search hundreds more events Gables. paper your time to put pencil to BAZAAR NOTICE IS HEREBY GIVEN that a second public hearing will be held by the City Commission of the City of paper and let the creative jukes in your area and beyond. Opa-Locka,Florida(the first public hearing was held by the City Planning Commission on October 2,2012)at flow,This popular drawl class is intended for students who already Ric Join us rst annual Street,� ,te a,Florida,an December 12,2012 at 7 p.m.to consider the following: have sane drawing experience and Center,4150 SW 70th CL,Glenvar Kendall Presbyterian Church craft fair HES9LiRHON N0.?Dt2- wishto work with their own themes Heights.$5. on December 1st,2012 from 9 am and concepts.. until 4pm.We have tables and 130 Rm.Nov.27.Fairchild Tropical BASEBALL spaces available for all crafters.Food A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA APPROVING Botanic Garden,10901 Old Cutler 2012 USA Fall Classic(WEEI2): Trucks scheduled to be here from A DEVELOPMENT A6REElBlT CONCEINN6 A 12 UNIT RESIDENTIAL DEVELOPMENT Road,.Member,$115;Non-Member, This event is a big event in every noon to 3pm.. CONSISTING OF 0.423:ACRES FOR THE PROPEIRIES LOCATED AT 2145 LINCOLN AVENUE 4150.305-667-1651 x;'(27 dv sion.However,it is limited to 8 9 a.m.Dec.1.Kendall Presbyterian AND 2171 LINCOLN AVENUE;AND PROVIDING FOR AN EFPECTNE DATE. Miami Short Rim Festival:This teams per division.So please regis- Church,8485 SW 112 St,. APPLICAIIT:Magnolia North 2145 Apartments,tl CJ Willie Logan collection of short films,selected ter early.This event will sell out II! 305-271-5262.www.kendallpres.org. specially for the little ones,shows Open to the Following Age Divisions: St.Apes Holiday Bazar:Come join PROJECT NAME:Magnolia North 2145 Apartment,LLC that with a little imagination,any- 7U Coach Pitch,9-U,TI-U,13-U.. us at our 7th Annual Bazaar held in LOCATION:The subject properly is located at 2145 Lincoln Avenue,Opa-Locke,Florida 33054 thing can come alive!Jon our . 12 p.m Nov.28.Flagami Park, Key Biscayne on Sunday December special screenings at noon or at 3 2420 SW 72nd Ave,Coral Terrace. 2nd from 9-4 pm.If you are a SIZE OF PROPERTY:0.423±Acres pm to see the friendships that vendor and are interested in addi- PRESENT ZONING:B-1(Commercial Neighborhood Business District) blossom between a tree and a little BASKETBALL tional information,please email me boy,a speaker and is wire,a boy Florida Ntemational Panthers at stagnesbazaar@gmail.. REQUEST:Magnolia North 2145 Apartments,LLC,Willie Logan as owners and applicants are requesting approval and his butterflies,a Little Kaiju and Basketball vs.Arkansas State Red 9 a.m.Dec.2.Saint Agnes Acade- of a development agreement In conjunction with a pending application for rite plan approval to construct a 12 unit a big city,and a lunch of silly Worts: my,122 Harbor Dr.Key Biscayne. resided development and a pending application to rezone this site to the Magnolia North Redevelopment Overlay singing creatures!. 730 p.m.Nov.29.U.S.Century $350 a table. District Ordinance(MNRO).Pursuant to the development agreement,the property shall be developed as a Residential R a.m.Nov.0 25.Miami u Children's Bank Arena mFLU-11200 SW A BUSINESS&TECH Development as permitted in the Comprehensive Plan and the Land Development Regulations.A copy of the proposed Museum.980 MacArthur Cswy., Maidique Campus,11200 SW Eighth Watson Island.General Admission: SL,Homestead Workers Coagmuatlen for Your agreement can be obtained at City HaN located at 780 Anhemman Street,Opa-Locka,Florida. $16,State of Florida Residents 412. Florida thtemalorW P'ardkers Mines with Miami-Dade SCORE: Photography During Fakds3dS Fait Basketball vs.South Alabama WHAT YOU DON'T KNOW MAY BE LEGAL OFSCRPTION: Moon:Here's your chance to get a Jaguars: COSTING YOU MONEY! MAGNOLIA SUBDIVISION PB 40-48,LOTS 10,11,12,and 13,Block 3,AND MAGNOLIA SUBDMSION PB 40.80 LOTS perfect shot of the moon at Fairchild. 730 p.m.Dec 1.U.S.Century Bank ARE YOUR OPERATIONS PROPER- 14,15,AND 16 INCLUDING BLOCK 3.,HIVING A COMBINED A TOTAL OF 18,420 SQUARE FEET OR 0.423 ACRES, This is your only opportunity to take Arena at FIU-Modesto A.Maidique LY CLASSIFIED? MORE OR LESS AS RECORDED IN THE PUBUC RECORDS OF MIAMI-DADE COUNTY,FLORIDA, advantage of expert instruction in Campus,n200 SW Eighth St., ARE YOU GETTING ALL THE photographing the Garden by Homestead AVAILABLE CREDITS? moonligta Michigan State Spartans at Miami ARRAAL MAP 5 p.m Nov.2&Fairchild Tropical Hurricanes Baskelbal: •TURN TO CALENDAR,10ND Botanic Garden,10901 Old Cubes t !.0.* i_ A; v,p,� •= Road,.Member,$40;Non-Member, ,. . r t j - 460.305-667-1651 x3322. socr(Session C d as Follow the V.•I i o wv ( R o t i tl tO `✓ q the purest of painting mediums,soft r K "a pastel is bright,colorful and easy to 2'. ,. learn.Award winning Miami artist, �g11 ehildr�a Ln h r S museum ..,.w.-,. r : ° +;Dan Bondroff wit teach students how to create tropical landscape ;nu o g i n e • c r e c e paintings in soft pastel from x A Y v' •'',. ' - , to completion_ 1 p.m.Nov. Fairchild Tropical e4,0 11 S t Botanic Garden,10901 Old Cutler � eA Road,.Member,$125;Non-Member, ` v .'"A - f f.M ' a g® $165.305.667-1651 x3322. y t� . . u e Reding Silver Textured Spinner C y' Mg with Christina HMmy-Dykes: , `• *'-='-` t mars. sues This ring is gorgeous and a ( Wei,. - introduction to soldering sterling / # - oraha_aetifl]fON silver.The ring Is fun to wear- i! ! spinning the outer ring Is very Zen! s a LOCATION MAP: Makes a great holiday gift for family r Information relating to the subject application is on file and may be examined in the City of Opa-Locks, and friends...Nov.26.Spark Creativi- _ '� ('� `0 City Hag,780 Fisherman Street,4°Floor,Opa-Locka,Florida.All persons are invited to appear at this meeting or >w�; be represented by an agent,or to express their views in writing addressed to the City Clerk,780 Fisherman Street, ty,1151 S.Dixie Hwy.,Pinecrest.$125, e" Opa-Locka,Florida,33054.Maps and other data pertaining to this application are available for public includes materials.305-900-4040. inspection www.SparkMyCreativity.com. - - during normal business hours in City Hall.Any persons wishing to speak at a public hearing should register with days:Monthly arts/culture Cultural sheet _ the City Clerk prior to that item being heard.Inquiries regarding the item may be directed to the Department of festival and gallery stroll in Little Planning and Community Development at(305)953-2868. Havana's king tour r with historian Paul September 22, 2012 u City Commission with respect to any nmatter considered at such meeting or hewing,they decisions ll need a record of the George,art and music.. proceedings and,for such purpose,may need to ensure that a verbatim record of the proceedings is made,which 7 p.m.Nov.30.Maximo Gomez recant includes the testimony and evidence upon which the appeal is to be based.This notice does not constitute Park(Domino Park),801 SW 15th January 6, 2013 Ave.,Coral Way.Free. consent by the City for the introduction or admission of otherwise inadmissible or irrelevant evidence,nor does it www.viernesculturales.org. authorize challenges or appeals not otherwise allowed by law. BALLROOM visit us at www.miamiehildrensmuseum.org In accordance with the Americans with Disabilities Act,all persons who are disabled and who need special Follow us Find us Ballroom uurrcIng group doss'Every C)®MiChiMu f ac ebook.com/mlami.childrons.museum accommodation to participate in this meeting because of that disability should contact the Department of Planning Tuesday 7-8 PM$5.Bijoux Dance and Community Development at(305)953-2868 no later than 24 hours prior to the proceeding. Center i� :„,,...w,r osd+..ai: 'As, a-,41.01∎16."�,;.iti"" JommaFbrea,CMC 4150 SW 70th Ct.305-667-5359 µ^-o+c..a-`. .+ ;—"i. .+,7, '"t.ax„� itry,.;,ao.. w.,r.aw^c..t-a,.wi.aem..,.ae.wm City Clark Everyone p.m. 7.Bijoux ,K„a,-„o:...,..,..,«.....one,.... ..,...,.,....,.,...,..,�..s 7 p.m.Nov..27.Bijoux Dance ”" OQP-LOel O, U \OD\ no '92 apOgptE/ City of Opa-Locka Agenda Cover Memo Commission Meeting December 12, Item Type: Resolution Ordinance Other Date: 2012 (Enter X in box) X Yes No Ordinance Reading: 1st Reading 2"d Reading Fiscal Impact: (Enter X in box) X N/A (EnterXin box) 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 (EnterXin box) X RFP/RFQ/Bid #: N/A Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational r N/A Strategic Plan Related Bus. & Economic Dev I. (EnterXin box) X Public Safety r Quality of Education El Qual. of Life&City Imager Communcation I= Sponsor Name City Manager Department: Community Development Short Title: Developer's Agreement between the City of Opa-locka and Magnolia North 2145 Apartments, LLC for the property located at 2145 Lincoln Avenue, Opa-locka, FL bearing Folio No. 08-2122- 003-0130 and 08-2122-003-0170 for the purposes of constructing a twelve unit apartment complex. Staff Summary: Section 4.16 of the City's Land Development Code requires all new development, except for single-family home and duplex construction, to enter into a developer's agreement. Developer's Agreements ensure that private and public facilities are provided in tandem with project build- out. The process is simple: the City of Opa-locka agrees to pre-approve a development schedule and program in exchange for developer-provided public and private improvements. Developer's agreements are authorized by Florida law. Before entering into a development agreement, F.S. 163.3225 requires the local government to conduct two (2) public hearings. At the option of the local government, one of the required public hearings may be held by the local planning agency. Under section 17-17 of the Opa-locka city code, the city's Planning Council shares in half of the local planning agency's responsibility. The first public hearing was held October 2, 2012. At this meeting, the Planning Council recommended approval of the Developer's Agreement. The second public hearing is scheduled for November 14, 2012. This hearing must be held before the City Commission. The property owner/developer has a pending final site plan that will also be heard on November 14, 2012. In accordance with City Ordinance 86-6, once the City Commission approves the final site plan, a developer's agreement (see attached) is required prior to the issuance of a building permit. 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 verify on-going compliance with all regulations. Planning Council recommends Approval of the Developer's Agreement There are no immediate financial impacts associated with executing this agreement; however, once site and building improvements are completed, the City will realize franchise fees, impact fees, and 30% of all building permit fees. City Ordinance 86-8 sec. 4.16 Proposed Developer's Agreement Op pLOCkQ O iti Q 0 Q�.�OwuEO, Memorandum TO: ' Myra L. Taylor, Mayor Joseph L. Kelley, Vice Mayor Timothy Holmes, Commissi ner Dorothy Johnson, Commiss ner Luis B. Santiago, Commissi e FROM: Kelvin L. Baker, Sr., City Man e DATE: December 5, 2012 RE: A resolution of the City Commission to consider a developer's agreement between Magnolia North 2145 Apartments, LLC, and the City of Opa-locka for the property located at 2145 Lincoln Avenue, Opa-locka, FL bearing folio nos. 08-2122-003-0130 and 08-2122-003-0170; for the purposes of constructing a twelve unit apartment complex and containing approximately 0.423 acres. Request: A resolution of the City Commission to consider a developer's agreement between Magnolia North 2145 Apartments, LLC, and the City of Opa-locka for the property located at 2145 Lincoln Avenue, Opa-locka, FL bearing folio nos. 08-2122-003-0130 and 08-2122-003-0170; for the purposes of constructing a twelve unit apartment complex and containing approximately 0.423 acres. Description: Section 4.16 of the City's Land Development Code requires all new development, except for single-family home and duplex construction, to enter into a developer's agreement. Developer's Agreements ensure that private and public facilities are provided in tandem with project build-out. The process is simple: the City of Opa-locka agrees to pre-approve a development schedule and program in exchange for developer-provided public and private improvements. Developer's agreements are authorized by Florida law. Before entering into a development agreement, F.S. 163.3225 requires the local government to conduct two (2) public hearings. At the option of the local government, one of the required public hearings may be held by the local planning agency. Under section 17-17 of the Opa-locka city code, the city's Planning Council shares in half of the local planning agency's responsibility. The first public hearing was held October 2, 2012. At this meeting, the Planning Council recommended approval of the project. The second public hearing is scheduled for November 14, 2012. This hearing must be held before the City Commission. 1 Magnolia North Apartments,LLC-Developer's Agreement The property owner/ developer has a pending request for final site plan review and a pending request to rezone this property to the MNRO district, both of which will be heard on November 14, 2012. In accordance with City Ordinance 86-6, once the City Commission approves the final site plan, a developer's agreement (see attached) is required prior to the issuance of a building permit. 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 verify on-going compliance with all regulations. Financial Impact: There are no immediate financial impacts associated with executing this agreement; however, once site and building improvements are completed, the City will realize franchise fees, impact fees, and 30% of all building permit fees. Implementation Time Line: Immediately Legislative History: Ordinance No. 86-8 Planning Recommendation: Planning Council recommends Approval of the Developer's Agreement Staff Recommendation: Staff Recommends Approval of the Developer's Agreement Attachment(s) City Ordinance 86-8 sec. 4.16 Developer's Agreement Prepared By: Howard W. Brown, Jr., Community Development Director Gerald Lee, City Planner 2 Magnolia North Apartments,LLC-Developer's Agreement N 17, E Q K R K O ` x $ $ o o LI- j.r' ' . .r '.r" ra C , OD t!9 N a) 0 N- 0 o_� — — U u)v) � 111 I� j Wr , ca CD d N I! :1_[7_. LO H 70 L CB U u)0) Y M U (v, c ,..._ ri Q Q Z a - i J ° E rn Z N CN E a)j