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HomeMy Public PortalAbout13-8619 Delta Trucking final Site Plan Sponsored by: City Manager RESOLUTION NO. 13-8619 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF DELTA TRUCKING, INC FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT A PERMANENT OFFICE FACILITY AT 12705 NW 30TH AVENUE, FOLIO 08-2128-004-0180 AND FOLIO 08-2128- 004-0070; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on March 7, 2013, Delta Trucking ("Delta") submitted application number 13-04-0201, for final site plan approval for the construction of a permanent office facility at 12705 NW 30th Ave, Opa-locka("Property"); and WHEREAS, a small portion of the property was not zoned I-2, Delta has submitted a request to rezone that portion from R-3 to 1-2; and WHEREAS, on April 2, 2013, a request for site plan approval for the office facility was presented to the Planning Council; and WHEREAS, the Planning Council recommended approval of Delta's site plan to construct a permanent office facility, subject to certain conditions, which included rezoning the R-3 portion to the property to I-3; and WHEREAS, The City Commission of the City of Opa-locka desires to approve the request of Delta Trucking, Inc for final site plan approval to construct a permanent office facility at 12705 NW 30th Avenue, folio 08-2128-004-0180 and folio 08-2128- 004-0070. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Resolution No. 13-8619 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 request of Delta Trucking, Inc. for final site plan approval to construct a permanent office facility at 12705 NW 30th Avenue, (folio 08-2128-004-0180 and folio 08-2128- 004-0070), subject to compliance with the following conditions: (1) The property owner must maintain a masonry block wall located to the East of the subject property adjacent to the Nile Gardens residential housing complex. (2) The property owner must limit use of truck traffic on NW 127th Street, Monday through Friday from 11:00 pm to 6 p.m. (3) Unity of Title shall be recorded to combine both lots of record. (4) The Property must be in compliance with all applicable, city, count, state, and federal regulation. (5) The Property must have an I-2 zoning designation. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 12th day of June, 2013. / � / .► MY 1,f TAYLOR MAYOR Attest to: 4 ( --) J a: a Flores City Clerk App.eyed as to /i rm . n d le_.1 suitic - cy: \'iii' (gel e 1. ' ENS'OON MARDER PA I i r Atto ' ey Resolution No. 13-8619 Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER JOHNSON Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Johnson: YES Commissioner Santiago: YES Vice-Mayor Kelley: YES Mayor Taylor: YES THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,JUNE 2,2013 119ND PUBLIC NOTICE City of Miami Gardens '`" Department of Community Development CITY OF OPA-LOCKA,FLORIDA 1515 N.W.167 Street;Bldg.5,Suite 200 NOTICE TO THE PUBLIC Miami Gardens,FL 33169 2013-2014 HUD ANNUAL ACTION PLAN(DRAFT) NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Is Now Available for Public Review and Comment Florida will hold public hearings at its Regular Commission Meeting on Wednesday, June 12, 2013 at 7:00 p.m. at the Opa-locka Municipal Complex, 780 Fisherman NOTICE IS HEREBY GIVEN that Federal regulations governing Community Development Street,2n°Floor,Opa-locka,Florida to consider the following items: Block Grant(CDBG)and other U.S. Department of Housing and Urban Development programs require that a participating jurisdiction provide citizens with reasonable notice SECOND READING ORDINANCES/PUBLIC HEARING: of and an opportunity to comment on the 5-Year Consolidate Plan and Annual Action Plan that will direct the City's use of Community Development Block Grant funds.These funds AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, provide programs that benefit low-to-moderate income persons in the City. FLORIDA, AMENDING ORDINANCE NO. 86-8, ARTICLE 6, SECTION 6.11, 1-2, LIBERAL INDUSTRIAL DISTRICT OF THE CITY OF OPA-LOCKA LAND This notice formally advises that the 2013-2014 Annual Action Plan(DRAFT) can be DEVELOPMENT REGULATION CODE TO ALLOW INDOOR RECYCLING downloaded from the City of Miami Gardens Department of Community Development CENTERS AS A CONDITIONAL USE;PROVIDING FOR CONFLICTS;PROVIDING website at htto://www.miamigardens-fl.gov/cd/documents.html, for (30) thirty days, beginning June 3, 2013. Written comments to the draft Plan will be received until FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held Wednesday,July 5,2013.To view a hardcopy of the Plan please visit a location listed on May 22,2013). below. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, City of Miami Gardens City of Miami Gardens FLORIDA, AMENDING CITY ORDINANCE 86-8, THE LAND DEVELOPMENT Department of Community City Hall CODE,ARTICLE 4,ADMINISTRATION AND PROCEDURES,TO CREATE NEW Development 1515 NW 167 Street,Bldg.5,Suite 200 1515 NW 167 Street,Bldg.4,Suite 190 Miami Gardens,FL 33169 SECTION 4.17, TITLED "CERTIFICATE OF USE", IN ALL NON-RESIDENTIAL Miami Gardens,FL 33169 8:00 AM-4:30 PM M-F ZONING DISTRICTS IN THE CITY; PROVIDING FOR INCORPORATION OF 8:00 AM-3:30 PM M-F RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE Betty T.Ferguson Recreation Complex (first reading held on May 22,2013). 3000 NW 199 Street Miami Gardens,FL 33056 8:00 AM-8:30 PM Monday-Thursday AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, 8:00 AM-6:30 PM Friday FLORIDA,TO CONSIDER DELTA TRUCKING INC.'S REQUEST TO REZONE THE 8:00 AM-4:30 PM Saturday PORTION IDENTIFIED AS WEST 151'OF TRAC 8,OF NILE GARDENS SECTIONS I AND II,(FOLIO 08-2128-004-0070)OF THE PROPERTY,LOCATED AT 12705 NW NOTICE IS FURTHER GIVEN that two public meetings for the 2013-2014 Annual Action 30TH AVENUE,FOLIO 08-2128-004-0180,FROM R-3 TO 1-2 ZONING DISTRICT, Plan will take place to inform the public and offer residents an opportunity to present PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT comments on the draft plan.The City encourages public participation by attending one of AND REPEALER;PROVIDING FOR AN EFFECTIVE DATE(first reading held on the meetings scheduled below. May 22,2013). Thursday,June 6,2013 Tuesday,June 11,2013 RESOLUTIOWPUBLIC HEARING: 5:30 pm 10:00 am City Hall-Council Chambers A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, 1515 NW 167 Street,Bldg.5,Suite 200 FLORIDA, TO APPROVE THE REQUEST OF DELTA TRUCKING, INC. FOR Miami Gardens,FL 33169 FINAL SITE PLAN APPROVAL TO CONSTRUCT A PERMANENT OFFICE Public comment regarding the 2013-2014 Annual Action Plan (DRAFT) can also be FACILITY AT 12705 NW 30 AVENUE, FOLIO NO.'S 08-2128-004-0180 AND submitted in the following ways: 08-2128-004-0070; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. By Mail: City of Miami Gardens Department of Community Development Additional information on the above items may be obtained in the Office of the City 1515 NW 167 Street,Bldg.5,Suite 200 Clerk, 780 Fisherman Street, 4'^Floor, Opa-locka, Florida. All interested persons Miami Gardens,FL 33169 are encouraged to attend this meeting and will be heard with respect to the public Via E-Mail: hudcomment @miamigardens-fl.gov hearing. For further information,please contact Laurin Yoder,Community Development Division PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board, Director,at 305-622-8041. 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 The meeting site is accessible to the disabled.In accordance with the Americans with record of the proceedings is made,which record includes the testimony and evidence upon Disabilities Act of 1990,all persons who are disabled and who need special accommodations which the appeal maybe based. to participate in this meeting because of that disability or non-English speaking or hearing impaired residents in need of special assistance should contact Ronetta Taylor,City Clerk JOANNA FLORES,CMC (305)622-8003,not later than 96 hours(or four days)prior to such proceeding.TDD number 1-800-955-8771 (Ad#13-0122) CITY CLERK OQp""qN a , ). °s? �y/ �O RP�B/ City of Opa-Locka Agenda Cover Memo Commission Meeting June 12, 2013 Item Type: Resolution Ordinance Other Date: (EnterX in box) X Yes No Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Fiscal Impact: (EnterX in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (Acct.No.37-51531) Advertising Requirement: Yes No To Be Determined (EnterX in box) X Contract/P.O.Required: Yes No (EnterX in box) X RFP/RFQ/Bid#: N/A Yes No Strategic Plan Priority Area: _Strategic Plan Obj./Strategy: Enhance Organizational p N/A Strategic Plan Related Bus.&Economic Dev (EnterX in box) X Public Safety El Quality of Education 0 Qual.of Life&City Image IN Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: A Resolution of the City Commission of the City of Opa-locka, Florida,to Approve the Request of Delta Trucking, Inc. For Final Site Plan Approval to Construct a Permanent Office Facility located at 12705 NW 30 Avenue Staff Summary: On May 7, 2013, the Planning Council met and discussed the applicant's request for final site plan approval to construct a permanent office building. During this meeting, it was discovered that the entire property had split zoning. The applicant's request for site plan was approved with the condition that the applicant submit an application to re- zone the portion of the property from residential to industrial. It was agreed at that meeting that the applicant would rezone the subject property in order for their site plan to be placed on the City Commission's agenda for final action. Proposed Action: Staff recommends approval of the applicant's request for final site plan. Planning Council recommends approval of the applicant's request for final site plan. Attachments: Planning Council Meeting minutes—April 2 2013 Powerpoint Presentation—Planning Council—April 2, 2013 Planning Council staff report— Dated March 18, 2013 Site Plan checklist Qp-LOOk4 O;= (\N__ \coy �R'ORAS@� MEMORANDUM TO: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy Holmes Commissioner Dorothy Johnson Commissioner Luis B. Santiago . ' ,-----_, : 74C1 FROM: Kelvin L. Baker, Sr., City Manager 1*-":1-';- ' /, ict,/ ...."2 4"), ill i_.‘,..4 DATE: June 12, 2013 r r RE: A Resolution of the City Commission of the City of Opa-locka, Florida,to Approve the Request of Delta Trucking, Inc. For Final Site Plan Approval to Construct a Permanent Office Facility located at 12705 NW 30 Avenue Request: Resolution of the City Commission of the City of Opa-locka, Florida, Opa-locka, Florida to approve the request of Delta Trucking, Inc. for final site plan approval to construct a permanent office facility located at 12705 NW 30 Avenue, Folio Nos. 08-2128-004-0180 and 08-2128-004-0070. Description: On May 7, 2013, the Planning Council met and discussed the applicant's request for final site plan approval to construct a permanent office building. During this meeting, it was discovered that the entire property had split zoning. The applicant's request for site plan was approved with the condition that the applicant submit an application to re-zone the portion of the property from residential to industrial. It was agreed at that meeting that the applicant would rezone the subject property in order for their site plan to be placed on the City Commission's agenda for final action. Financial Impact: The city will receive additional property taxes as a result of this new construction. Implementation Time Line: Immediately Legislative History: None. Recommendation(s): Staff recommends approval of the applicant's request for final site plan. Planning Council recommends approval of the applicant's request for final site plan. Attachment(s): Planning Council Meeting minutes—April 2, 2013 Powerpoint Presentation— Planning Council—April 2, 2013 Planning Council staff report— Dated March 18, 2013 Site plan checklist Prepared By: Howard W. Brown, Jr., AICP, Community Development Directo Gerald Lee, City Planner - r1 .f -i f0 •., w dim INuT PLANNING COUNCIL MEETING TUESDAY,APRIL 2,2013 ROLL CALL: The meeting was called to order at 7:03 p.m.by Chairman Russell. Present members were Mr. Alvin Burke, Steven Barrett, (Alvin Burke stated for the record that Ms.Lillie Odom called and said she wasn't feeling well so she would not be able to attend the meeting tonight),Chairman Russell stated it would be noted for the record as an excused absence.Mr. Elio Guerrero, Chairman Calvin Russell. Also present was Community Development Director Howard W. Brown,Jr., Planner Gerald J. Lee and Asst. City Attorney Hope Calhoun. II INVOCATION AND PLEDGE: Mr. Steven Barrett said the invocation and the Pledge of Allegiance followed. III APPROVAL OF MINUTES: March 5,2013 Chairman Russell moved for a motion to approve the minutes for March 5, 2013 Elio Guerrero motioned to approve the minutes and Alvin Burke second the motion with the necessary corrections if there were any. Chairman Russell asked if there were any corrections and none were noted so the minutes were approved. Upon roll call the minutes passed 4-0. Alvin Burke - Yes Steven Barrett - Yes Elio Guerrero - Yes Calvin Russell - Yes Planning Council Minutes 4/2/2013 Page 1 of 9 Chairman Russell asked for the first agenda item. Attorney Hope Calhoun read the item on the agenda. IV. PUBLIC HEARINGS: 1. Applicant Name: DELTA TRUCKING,INC. Address 12705 NW 30TH AVENUE OPA-LOCKA, FL 33054 Legal Description: LOT 16,NILE GARDENS SECTIONS 1 AND 11,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 31, PAGE 42 , OF THE PUBLIC RECORDS OF DADE COUNTY, SAID LANDS SITUATE,LYING AND BEING IN DADE COUNTY FLORIDA. WEST 151' OF TRAC 8,NILE GARDENS SECTIONS I AND II, ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 31, PAGE,OF THE PUBLIC RECORDS OF DADE COUNTY, SAID LANDS SITUARE, LYING AND BEING IN DADE COUNTY FLORIDA. ZONED(FOLIO 08-2128-004-0281; 08-2128-004-0071) Request: Site plan review to build a permanent office facility on the property. Mr. Gerald Lee, Community Development Department addressed the council with a slide presentation explaining why the City should allow Delta Trucking to erect a permanent building on the property. The city code provides for site plan review and in our code it addresses the needs that have to be addressed for this particular project. Based on the dates and information provided, you can see the location and at that location you see two separate parcels and in recent time the largest parcel is in an industrial zoning district but the smaller parcel in residential and this presents a slight challenge but the building they plan to erect is going to be on the industrial property and with that being the case Delta Trucking would suggest that we allow them the approval tonight if you so see it and that after that they be required to rezone the secondary property that they already would have to have as a part of a unity of title so they have one parcel for the entire site so we would have to address that anyway so that when they do the same that they rezone the secondary parcel as industrial when they unify and that this be a requirement of site plan approval that is accomplished before building permits are issued no later than rezoning is completed before the C.O. is issued. Mr.Lee further pointed out the location and the zoning areas for clarity. Staff recommends approval for this use and for the remedies that has been suggested.Chairman Russell asked if there were any questions for staff. No questions were asked. Mr.Lee stated that the Representative for Delta Trucking was present. Mr. Raul Suarez-Delcampo, Architect for Delta Trucking stated he was the one that submitted the application. Chairman Russell opened the floor for the public to speak on behalf, for or against this project. No one came forward so the Public Hearing was closed. Chairman Russell asked Mr. Lee for clarity as to where the property was and where the zoning district lies. Mr. Lee pointed to the area on the slide presentation. Assistant City Attorney Hope Calhoun clarified for the record that the staff would add a fifth recommendation that would be the piece that is currently zoned residential must be rezoned to the compatible Industrial Zoning district prior to issuance of the C.O. on the building that's going to be erected on the piece that's industrial. Mr. Brown stated that it was an oversight on the Staff's part and we are trying to ensure that the applicant's rights are protected and if this is approved by Planning Council Minutes 4/2/2013 Page 2 of 9 the planning council and city commission it can withstand a legal challenge and this is what staff is recommending and this is what we really need from you. Chairman Russell added that this is why we try to have these things done prior to so there are no discrepancies. Mr. Brown stated that this will be fast tracked and you are duly noted. Mr. Alvin Burke made the motion that we follow staffs fifth recommendation for approval with the necessary comments from the Assistant City Attorney Hope Calhoun. Elio Guerrero second the motion. Upon roll call,the minutes passed 4-0. Alvin Burke - Yes Steven Barrett - Yes Elio Guerrero - Yes Mr. Calvin Russell - Yes 2. Applicant Name: CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT. Address: 780 Fisherman Street,4th Floor, and Opa-locka,Florida 33054 Request: An Amendment to the City Ordinance 86-8,(Land Development Code)concerning Churches in the I-1 Industrial Zoning District. Assistant Attorney Calhoun announced the second item on the agenda.Mr. Lee explained that this item was before the planning council before and you all supported it. It was forwarded to the city commission. When it went to the city commission, the way it was formatted at that time it included all industrial districts. This time it's only going to be addressing the allowance of religious facilities in I-1 zoning districts; the lowest intense industrial district in the city. The reason we are bringing this back again is that we continue to receive applications from churches that are requesting to be in industrial zoning districts. Also we know that you all supported and approved this particular use so staff is recommending approval for this with these 4 conditions.We have discussed this with the city attorney's office and they've suggested the following. Attorney Calhoun explained that what their office is recommending is that rather than making them conditions of approving the ordinance that we just amend the ordinance to fold these conditions into the ordinance. Mr. Lee stated that so it won't seem like conditional use; it will be if you want this use these things have to be adhered to. Chairman Russell stated being that apparently there are churches operating in these areas and you mentioned about parking. Mr. Lee stated that they have to have some type of agreement with the owner and the size of the ministry has to be a minimum size. Based on the size of the ministry there is an allotment based on that and it should not be a problem. Mr. Barrett asked if the owners lease to churches would the city benefit from the taxes. Mr. Lee stated yes if the owners lease to these church and remain the owner, this would not affect the taxes. Mr. Brown further stated that it's based on ownership use of the building is how the tax assessor taxes the building. It is taxed based on the ownership use per Assistant City Attorney Calhoun. Mr. Lee showed a table of other Planning Council Minutes 4/2/2013 Page 3 of 9 cities Miami Dade County and Miami Gardens that allow churches in industrial zoning districts. Chairman Russell opened the floor to the Public to speak for or against the project. Mr.Tavares Robinson 14916 SW 22nd Street Miramar, Florida. He said he had spoken to Mr. Lee regarding wanting to know about the possibility of leasing 4300 NW 135 Street.The owners gave them permission but there was an issue about operating a church in the industrial area because it was not zoned for a church. He wanted to see if the City of Opa-locka would grant permission for churches to be in industrial areas. Mr.Angelo Jackson a resident of Opa-locka 1830 NW 146 Lane he agreed with the changes to allow for churches to operate in the industrial district.The Public hearing was closed by Chairman Russell.Mr. Burke stated that as long as the tax base doesn't change and the building is being leased,but what if the whole building becomes churches then what happens?Mr. Brown stated then its ownership and if it's own by a private entity then they would still receive a tax bill and we would receive our tax from it.Mr. Brown alluded back to the gentleman that spoke about 4300 NW 135 Street the churches in the industrial area that this item before us is for I-lzoning and not for the I-3 zone and this would not help or assist his request at this time.Mr. Barrett said that what if the church goes in and down the road the owner decides to sell the property to the church, what would be the guidelines then?Mr. Brown said yes the church could apply for tax exemption but this provision is based on use asked if Attorney Calhoun could clarify this question. Attorney Calhoun said Mr.Brown's point was correct the church could apply for tax exemption as a church and most of them do. The ordinance speaks to the use of the property allowing a church to operate in an I-1 zoning district and what they anticipate is that a church would move in to an existing industrial building an operate with or without a change in ownership and so to your question that if ownership changes and a church then owns that industrial building,would that property then become tax exempt the answer is that they could apply for tax emption as a church and this ordinance is for permitted use not ownership. Mr.Brown stated that right now they are not allowed. Chairman Russell closed the public hearing and asked for the motion for or against. Mr.Alvin Burke made the motion to pass it with staff's recommendation and Mr. Elio Guerrero second the motion. Upon roll call,the vote passed 4-0. Alvin Burke - Yes Steven Barrett - Yes Elio Guerrero - Yes Mr. Calvin Russell - Yes Mr. Brown stated that the vote passes and the item would be forwarded to the city commission for further action. Attorney Calhoun asked if it would go on the next city commission meeting and Mr. Brown stated it will be sometime in April the 24th at the earliest or the May meeting. Planning Council Minutes 4/2/2013 Page 4 of 9 3. Applicant Name: CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT Address: 780 Fisherman Street,4th Floor Opa-locka FL 33054 Request: An Amendment to the City Ordinance 86-8(Land Development Code)concerning certificates of use in all Non-Residential Zoning Districts. Mr. Lee stated to the committee that in the City we offer Occupational Licenses to deal with the actual license and the use that is going to be applied at that site It has come to our attention that a better way would be to bring about having certificates of use in addition to occupational licenses then we can address zoning issues and other things that have not been specifically addressed or appropriately addressed. Certificates of Use would help us do those things listed there and help us better attend to whatever happens at a property site and then on a yearly basis it wouldn't just be a renewal of an occupational license but it would be a recertifying of what actually occurs because of that license at that site. Someone from the city would go out and examine what they do,determine if they are doing what they need to do or if what they are doing now is allowed in that zone district or not and then if not we can address it on a different level other than just having code enforcement to happen upon them to find out that they are not doing the right thing or go through a process to revoke a license where as we can say the certificate of use is no longer valid and you can no longer operate the business there. Staff recommends that to improve the city to address the need to make sure that the right uses occur in the right zoning districts we move the amendment forward to allow for certificates of use. Mr. Burke said that in essence what is being said now is that not only does an applicant have to obtain an occupational license but in addition they would have to obtain a certificate of use;Mr. Brown answered that was correct.Mr. Burke asked if that would be in the same application or an additional application and would it cost. Mr. Brown stated yes it would be an additional cost and that the occupational license is just a payment of tax; it's not zoning approval and what we've learned through he would say the last two years in the city is that when a person comes in to obtain a license they don't necessarily have zoning approval or the ability to operate under all the laws of the city as a matter of fact,the license itself is just tax payment; most people call it business tax receipt so it's not confused so what we are doing is consistent with what most cities do.We have forms in our office that are used routinely that say certificate of use on them and we do not charge for them other than the necessary inspections from the building and plumbing,electrical trades,they go out and make those inspections but one of the things we are finding out is that when we issue a business license to an entity, it's checked for zoning approval at the onset but every year thereafter renewals are not checked by the zoning office and so the business evolve into something else and so what the certificate of use would do is allow us to go and look at that property not just for zoning but for other issues like clean-up, if they need a permit for a sign, paint the building or get rid of junk vehicles;those are the kinds of things that come up on the certificate of use so it's not something that is requiring somebody to do something. Planning Council Minutes 4/2/2013 Page 5 of 9 Mr. Brown wanted to bring the attention that there are entities that we don't want anybody to spend money in the city and operate at a location for six years and then be told that they don't have proper zoning so this is a comprehensive way of addressing the issue city wide. Mr. Burke disagreed with the idea of extra fees.Mr. Brown stated that we are trying to accomplish what other cities are doing and based on what they are doing,this is staff's recommendation to ensure field inspections are in place because currently the city only has an honor system. Mr. Barrett said this was a good idea and the guidelines and fees would be set accordingly.Mr. Brown stated that this ordinance is only to give us the authority to do these inspections and to provide for what he calls gap inspections. Right now code enforcement only deal with nuisance violations, or property violations and its all based on us getting a complaint in Community Development. Mr. Burke still disagreed with the staff's request.Mr. Elio Guerrero asked if there was a flat fee for this process.Mr. Brown stated that there was no fee established for this ordinance.This just gives us the authority to do it and the county does it and other counties. This just gives us the authority. Chairman Russell stated that the city has to survive and it's only fair that we put things in place so that the city would be able to function properly and better serve the businesses that come into the community. Chairman Russell opened the floor for or against. Mr.Bill Dissepio a business owner at 2335 NW 149 Street disagreed with the idea of an additional fee.He has been a business resident for 3 and half years and he said code enforcement was doing a good job at monitoring and he opposes the idea.Mark Maritza 2335/2337 NW 149 Street business owner stepped forward to say he was for the idea because they can afford it it benefits the city overall,and it benefits each individual business to avoid exactly what's being said that a business comes in and they start out doing one thing and the economy changes and it transforms their business into something entirely different it gives them the authority to do that and it protects that individual business and the surrounding businesses.Mr. Willie Hernandez came forward his business is at 2350 NW 149 Street and he is against the item presented. He feels that code enforcement does an outstanding job by coming to the business and writing people up. Perhaps a better job internally could be done rather than taxing the businesses. Chairman Russell asked for public hearing to be closed after there were no others for or against. Chairman Russell asked for a motion on the floor. Mr. Barrett made the motion for ordinance 86-8 to be approved and Chairman Russell second the motion. Upon roll call of the motion, the vote did not pass. 2-2 Alvin Burke - No Steven Barrett - Yes Elio Guerrero - No Mr. Calvin Russell - Yes Mr. Brown stated that the motion fails it's a tie. Attorney Calhoun said the item failed and it would go to the city commission with either no recommendation or recommendation and probably with no recommendation from this board. Planning Council Minutes 4/2/2013 Page 6 of 9 4. Applicant Name: ECOLOGICAL PAPER RECYCLING, INC Property Owner ECOLOGICAL PAPER RECYCLING, LLC Address: 2350-2330 NW 149th Street Opa-locka, Fl 33054 Legal Description: LOT 6, BLOCK 5 OF"OPA-LOCKA INDUSTRIAL PARK' ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 77, PAGE 73 OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.TOGETHER WITH;LOTS 4,5,6, &7,BLOCK 1 OF"COHEN-AGER SUBDIVISION"ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 86,PAGE 73 OF THE P PUBLIC RECORDS OF MIAMI DADE COUNTY,FLORIDA. ZONED I-2 (FOLIOS 08-2122-027-0070; 08-2122-027-0060;08-2122-025-0391) Request: Site Plan Review to Operate a Paper Recycling Facility Mr.Lee presented a power point presentation regarding Ecological Paper Recycling, Inc zoned in the 1-2 district explaining that in the past there have been issues with compliance and since then they have made efforts to correct them and move forward with the request before this committee today. The way for this process to go through is like all the others and that's based on site plan review and this is for site plan review of a warehouse use in the industrial zoning district. Staff recommends approval of the site plan subject to compliance to the conditions listed in your report. Chairman Russell asked if the zoning was correct. Mr. Lee stated yes and based on the allowance code presently is for single stream of use and they can only operate solely for cardboard and paper recycling. Based on the code the Director can speak to that action himself but as understood based on what our code allows his interpretation allows him to say that the use that's available to them is the one that he indicated previously and unless text is added to code to add additional usage they will not be able to do everything they've envisioned and they are willing to do everything that's necessary to address those expanded uses but what's allowed in our code at present is solely for them to do paper and cardboard recycling. Mr. Brown stated that they have complied with the requests and they want to do other things like plastics, aluminum and some other things similar to what two years ago this board looked at Waste Pro who was standing behind the ordinances to do to bring in these kinds of recyclables.That goes above the scope of what they are trying to do here as far as run a paper recycling company with cardboard and anything past that our office couldn't support it and we definitely recommend an approval of their site plan with those conditions.They have hired and retained an architect to design the project and once they go through the motions and articulate parking issues and we are hoping they can resolve those issues and those are resolved through the board of appeals to which we do not have one right now. There is history with this project dating back to June or July 2012. Chairman Russell stated that basically it's only sufficient for partial of what they want to do so if this board approves it then that means we have had previous times when people just do further than what we approve to be done because they already want to do more.Mr. Brown stated that this application what Planning Council Minutes 4/2/2013 Page 7 of 9 was noticed is for a paper recycling operation and that's what staff's recommendation is for and anything other than that is something that is not noticed tonight. If the applicant is saying he wants to do something other than what was noticed in the paper, we will need another legal notice and he would have to table this item or defer it until the appropriate legal add is put in the paper. Chairman Russell asked to hear from the applicant. Mr.Jose Flores came forward the address is 2350 NW 149 Street and that's our facility.They have been an Opa-locka business owner for 4 years and they have gone through the process of complying with all requirements.They have their occupational licenses and also went to DERM and they have their permit from them authorizing them to do single stream.They want to bring paper, cardboard, PET bottles that are no contaminates, no smell and nothing to harm the environment.They stated that they were the largest employer in Opa-locka. They have complied with all tax obligations and insurances. Mr.Willie Hernandez spoke on behalf of Ecological Paper Recycling, Inc that they have focused on hiring Opa-locka employees and they want to comply with the city and are not looking for short term. They would appreciate the favor from the city. Attorney Calhoun pointed out that the application before the board is for a paper recycling facility.The reason this is raised is because the applicant was advised board members that consistent with code paper recycling is consistent with code and only single stream paper recycling is pointed out as you deliberate.They asked for the conditions and Mr. Brown asked for Mr. Lee to read the conditions to them for the record.The conditions were read in stating the following: Only paper or paper products recycling per the city zoning code shall be allowed, unity of title shall be required to combine all three lots of record, a landscaping and parking variance shall be required, and that be in compliance with all city,county, state and federal regulations. There are concerns the city attorney gave us concerning these as far as we understand those variances are things that they are going to apply for after this. Mr. Brown stated that should the committee choose the staff's recommendation is to recommend approval of the site plan with those conditions and before this is placed on the city commission's agenda we will have the zoning board of appeals hear the variance request and we can do that before the city commission meeting according to Mr. Geller the city attorney who I spoke with earlier about having an emergency ordinance to enact a zba so we can deal with the other part of the site plan.We have spoken with Mr. Flores and Mr. Hernandez regarding the other items they were alluding to and they are in support of an ordinance we plan on bringing later but right now this is just for paper to legitimize what they have done. They did come forward and they did try to get in compliance. They had a license but it was erroneously issued because they did not go through the process but we are trying to get them in compliance and the only way they can is through this board. Chairman Russell called for a public hearing. Mr. Mark Maritza owner of 2335/2337 NW 149 Street and is totally against the items approval before everything is done. The building is immense and he expects them to do what they have said they would do.The traffic is a problem for my customers and the trucks cause an enormous problem not putting a damper on what they want to accomplish. He wants them to basically comply with the necessary items before the committee as things move forward. He presented a short presentation of the day to day activity before the committee and it will be made available upon request. Mr. Bill Dissepio owner of 2335 NW 149 Street came forward to say he has no objections to the recycling business being there and he is happy to see activity again in that area because it was dead for a while. However, the amount of dust and litter, the ground being so bad that it need repairing,the truck traffic and parking are his only complaints. If they address the issues they should become a good business in that area.Mr. Barrett suggested that Mr. Brown sets up a meeting with the business owners in that area and also discuss Planning Council Minutes 4/2/2013 Page 8 of 9 the roads that need repairing and Mr. Brown consented to do that. Chairman Russell closed the public hearing and Mr. Burke recommended approval of staff's recommendations and Mr. Barrett second the motion with discussion. Attorney Calhoun stated that what supposed to happen is the zoning board of appeals is going to be reconstituted and this item will not be able to go forward to the city commission until the zoning board of appeals is reconstituted,they apply for and are granted the variances and then the site plan can go to the city commission if and when the variances are approved. Chairman Russell called for a roll call. Upon roll call of the motion,the vote did not pass.4-0 Alvin Burke - Yes Steven Barrett - Yes Elio Guerrero - Yes Mr. Calvin Russell - Yes STAFF UPDATE No Updates. VI ADJOURNMENT . Mr. Burke gave the motion to adjourn and Mr. Elio Guerrero seconded the motion. Meeting adjourned at 8:40pm. Submitted by Mary Brown Recording Secretary ATTEST: Mr. Calvin Russell Planning Council Chairman Title Planning Council Minutes 4/2/2013 Page 9 of 9 i. ,i-F a) xnl 0 •— 4- O 0 a) Z ,,, cz ..... ., ..i E (15 . L.-. W Z , a, :. 03 C.) -a m : . •=MIN Cr 1 O Q ♦... CZ alla > W r 0 Cl Cli ....::': CI IA < U) to ,,.: a. >%. .,.:.„,,..„ = a�OA• •- ll � 0 a a) ... 0 4 ,... 4,-0\\.,........._.,,,,,),,, 0 g° 0- .. ii (1) 4— ....} ill.: C " R d' C CZ r •O r ^' O. = o^ 6 _c c 0 (1) O 2 •_ z Co o Cti Cl) f 6 a) Cn co O Cn a) ....- CO c = c -= O ti 1 •- ...... � U 00 �ai c —5 2 C O r.-3) 0 ■- O .0 c[ 0 as U- •a) .,� ' > o C P a) O a) Q• . '73 Ecr E ) u) •-.. 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I 0 it LL_ . .1- ,-, ,-. 30 T IA I C., ...... t le C.) t I '' t.4'. tg ,..... ■ ,,lim _e-. 31S1 ',..1A1111 ci.., Is.fiell':'‹ Se ..,,j1 Z .■ to a, '.! „czit Z otelLot■t's. !' t g . 1 0,g g. e. • c 1., Ct. 0 ...'1 •Vil . .,. T•• ,r., k:g+: n .; .,_ ,,,,,,) • r; i 1 e ., . E • B ., I r n '.4 = -....1 ;if. 4 .. , ,-. -_ L i , t i ' .' • t . e, .,,m ,.,.. C•01 A.,.., • ... ., .,_ ,, .,,, _, .1,. ,r , ," .,„ :,, .. ,, , 1- 1..... u_ ). ,_ = - 11,:l. IN 1 , ...... Li_ 0 .0 , City of Opa-Locka Planning Council STAFF REPORT DELTA TRUCKING, INC (March 18, 2013) Applicant Delta Trucking, Inc. Request Site Plan Approval to build a permanent office facility Location 12705 N W 30th Avenue, Opa-locka, Fl. 33054 Legal Description LOT 16, NILE GARDENS SECTIONS I AND II, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31,PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, SAID LANDS SITUATE, LYING AND BEING IN DADE COUNTY FLORIDA. WEST 151' OF TRAC 8,NILE GARDENS SECTIONS I AND II,ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PALT BOOK 31, PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, SAID LANDS SITUATE, LYING AND BEING IN DADE COUNTY FLORIDA, and containing 6.01 ACRES or 262,010 s•uare feet, more or less. Folio 08-2128-004-0180; 08-2128-004-0070. Property Size 262,010 square feet j Zoning I-2 (LIBERAL INDUSTRIAL DISTRICT) ZONING DISTRICT Existing Land Use Industrial Future Land Use Industrial Desi•nation Comprehensive Plan According to the Future Land Use Map, the subject property is designated for an Consistency industrial land use. The current request is consistent with the Comprehensive Develo•ment Plan. Other Re•uired • •royals Miami Dade County DERM Applicable ULDR Sections City Ordinance 86-8 sections 6.11 Setbacks/Yards Required Proposed Front (North) ' 15' 15' Rear (South) 680' Side (East) 7' Street Side (West) 15' 268' Lot Coverage 75% Less than 10% for all of the Buildings Minimum Lot Size 10,000 sq ft 262,010 sq ft Building Height 3 Stories or 45 feet 1 Story Landscaped area at parking 50 sq . ft for every 10 parking spaces 90 square feet per each 10 parking spaces Frontage Property Line Tree Landscaping 1 Tree/50 Feet 21 Trees Parkin• Offices 1 /400 sq ft- 13 q 20(2 HC spaces included) Notification Requirements This request to construct an office facility was properly noticed pursuant to state law and city charter. Name and Title Initials Project Planner Gerald Lee, City Planner 4 Authorized By Howard W. Brown,Jr.,AICP,Planning Director Approved By _ Applicant's Request: 1) To build an office facility requires review by the Planning Council and requires approval by the City Commission according to the Land Development Code. Surrounding Zoning Districts and Uses: Location Existing Land Uses CLUP Designations Zoning Districts North Copart Auto Auction Industrial B-2 South Miami Dade County N/A N/A Transportation Repair East Multi-family Apartments Moderate Density Moderate Density Multi- Residential Family Residential District West WASA Pump Station Public Utilities Public District Parking and Traffic: There will not be a change in traffic related to this use as this business was already established and this request is to construct a permanent office. Adequacy and Neighborhood Compatibility: The subject property is adjacent to a utility use and surrounded by industrial uses. This request does not create an incompatible use with the surrounding land uses and current zoning districts. Yard Modifications: (If applicable) N/A Comprehensive Plan Consistency: This operation is consistent with the City's Comprehensive Plan. Staff Determination/Recommendation: Staff recommends approval of this site plan subject to compliance with the following: 1. The requirements of State and County regulations. l'E;liiifll Etuti (-Quill"itittlity , Ilt-:�!F 1 ,1,,, It, 780 Fisherman Street,4th Floor ©pa .33054 305-953-2868 ext. 1503(te..) 305-953-3060(fax) C7rrra1 :1 IIlr 1p Ii.,v( tjper, Pi it �:�r QoH,I"ru(101 Name of Applicant / Developer/Property Owner (Circle One) Site Address/Location Telephone Number 4� 1 Email Address 4 s Date of Application - -T Pre-Application Procedures Prior to formal application for approval of any site plan, the applicant shall request and attend a mandatory pre-application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer and/or surveyor. Zoning Requirements A property within the City's corporate limits that is being proposed for development must be properly zoned by the City prior to submission of an application for approval of any site plan. In addition, the proposed development layout or design shown on the proposed site plan must be in conformance with all standards and requirements prescribed in the City's Land Development Code City Ordinance No. 86-8 and Miami-Dade County Subdivision Regulations adopted by City Ordinance No. 85-5 Completeness of Application Site Plan applications which do not include all required information and materials, as outlined below and per other City policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Planning Council agenda until the proper information is provided to City officials. Applicability Administrative Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached and multi-family residential projects and structures and for any condition of special exception or conditional use as required by the Mayor and City Commission. Exceptions 1 bite plan review snail not be required for single-tamily residential developments, unless the proposed subdivision will include a pr;.., amenity, facility or a golf courses these instances, site plan submission and approval 1ti u� required for the private amenity — facility, or the golf course clubhouse/hospitality area. :. ite Plan Chc cltlis.N The proposed site plan shall show the following information (other physical and engineering data shall be included in the engineering plans or as separate documents): (:s aCD i Z m o 1. A title block within the lower right hand corner of the site plan with the proposed X X name of the project/subdivision, total site acreage, and the location of the property • according to the abstract and survey records of Miami-Dade County • 2. The name and address of the owner/developer and the land planner, engineer, X X architect or surveyor responsible for the plan 3. The scale of the drawing (both written and graphic scale) _X X ' 4. The date the drawing was prepared X 1, 5. Zoning X 6. A vicinity or location map showing the location of the proposed development within X the City and in relationship to existing roadways 7. The boundary survey limits of the tract and each proposed lot/tract and scale X distances with north clearly indicated f 8. The names of adjacent additions or subdivisions or the name of the owners of X X record with north clearly indicated and recording information for adjacent parcels of un-platted land, including parcels on the other sides of roads, canals, etc 1 9. The existing zoning and existing/proposed uses on adjacent land; X/ 10. The location, width and names of all existing or platted streets or other public X ways within or adjacent to the tract ✓f 11. Any existing easements, with recording information X 12. Existing buildings X 13. Railroad rights-of-way X V 14. Topography(contours at two-foot intervals)with existing drainage channels or X creeks including the 100-year flood plain, if applicable F F 15. Any other important natural features, such as wetlands, wildlife habitats, and all X substantial natural vegetation 16. Proposed strategies for tree preservation including showing individual trees or X tree masses that will be preserved, and the techniques that will be used to protect them during construction v 17. The layout and width (right-of-way lines and curb lines) of existing and proposed X thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets ap 18. Lot/tracts and blocks X 19. Proposed driveways including driveway widths and distances between driveways X / 20. Proposed median openings and left turn lanes on future divided roadways and X existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings 21. Specific locations and footprints of buildings, including but not limited to proposed X nonresidential and residential densities V 22. Building heights X V 2 �. e.v.la .vvev..v.z kE,Ie MAP Et ve II Ft,51te-"EVVF t."./OW !d UEF'AlE FW ECUVV O UCZ {UCJ[CAy F"` A A for each intended usel, massive lentation 24. Loading/service areas (ir. .�,..Ig proposed screening) X 25. ! .ecycling containers, compactors & dumpster enclosures X X (including proposed screening) 26. Pedestrian walkways 27. Parking areas (including parking ratio calculations) X 28. Any proposed sites for parks, schools, public facilities, public or private open X space 29. Flood plains/drainage ways X V 30. All proposed and existing utilities, easements and drainage structures X 31. Traffic Impact Statement X 32. Retention/detention ponds with proposed aesthetic treatments X ,;/ 33. Screening walls; fences X vz 34. Signage location X V ; 35. Fire lanes and fire hydrants X v` i' 36. Lighting X X , / 37. Visibility easements •' X 38. Other pertinent development related features X X trees to be planted, and irrigation plans, if required X 40. Color building facade (elevation) plans showing elevations with any attached X (wall-mounted) signage to be used, as determined appropriate by the City Manager, or his/her designee. Elect €,4i�,ppiroval The approval of a site plan shall be effective for a period of twelve (12) months beyond the date that the plan was approved by the City Commission. If this is not accomplished, then the approved site plan shall be deemed to have expired and shall become null and void. L-ev€sions to `'l proved Sit.: lzlan Minor Revisions/Amendments— It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the City Manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan," which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s)on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager, or his/her designee, refuses to approve an amended site plan, then the applicant shall re-submit the amended site plan as a "revised site plan", whereupon the revised site plan shall be scheduled for consideration by the Planning Council and City Commission Major Revisions— In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a "revised site plan" must be resubmitted, reviewed by the City Manager, or his/her designee, and reconsidered by the Planning Council and City Commission. Developers i'.greemen':—A Developer's agreement may be required for all development except for single-family homes or duplexes pursuant to Section 4.16 of City Ordinance No. 86-8. 3 0 Applicant's Name Addressor Signed. Date My signature certifies that i have been provided with a copy of the site plan checklist and have also had a pre-conference meeting with the Planning and Community Development staff. Reviewed by Planning Staff- Gerald Lee Date of Pre-Conference Meeting - 51 Date of Site Plan Review - 4