HomeMy Public PortalAbout13-8630 Nicholas Stratigakes 13553 NW 22 Avenue Sponsored by: City Manager
RESOLUTION NO. 13-8630
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT
AGREEMENT BETWEEN NICHOLAS STRATIGAKES - FD
OPA LOCKA FLORIDA 13553 NW 22ND AVENUE, LLC, AND
THE CITY OF OPA-LOCKA FOR THE PROPERTY LOCATED
AT THE EAST SIDE OF 22ND AVENUE BETWEEN OPA-
LOCKA BOULEVARD AND NW 135TH STREET, OPA-LOCKA,
DESCRIBED AS FOLIO 08-2122-013-010; FOR THE PURPOSE
OF CONSTRUCTING A FAMILY DOLLAR STORE;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, Section 4.16 of the City's Land Development Code requires all new
development, with the exception of single-family home construction and duplex construction, to
enter into a Developer's Agreement; and
WHEREAS, the Development Agreement spells out the terms, specifications,
obligations and other requirements of the parties; and
WHEREAS, Florida Statute 163.3225 requires the City to conduct two (2) public
hearings, before execution of a Development Agreement; and
WHEREAS, on June 4, 2013 the City's Planning Council held its first public hearing
and recommended approval of the project; and
WHEREAS, the second meeting is to be held before the City Commission of the City of
Opa-locka on June 26, 2013, to consider the Development Agreement; and
WHEREAS, the City Commission of the City of Opa-locka desires to approve the
Development Agreement between the City of Opa-locka and Nicholas Stratigakes - FD Opa
Locka Florida 13553 NW 22nd Avenue, LLC, for the construction of a Family Dollar Store at
13553 NW 22nd Avenue.
Resolution No. 13-8630
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 and Nicholas Stratigakes - FD Opa
locka Florida 13553 NW 22nd Avenue, LLC, for the construction of a Family Dollar Store at
13553 NW 22nd 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 10th day of July, 2013.
/ AYLOR
MAYOR
Attest to:
/4tio;u—,'
Jo: a Flores
Ci y Clerk
Resolution No. 13-8630
Approved as I form and legal sufficiency:
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I
Moved by: VICE MAYOR KELLEY
Seconded by: COMMISSIONER JOHNSON
Commission Vote: 4-1
Commissioner Holmes: NO
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
14ND I SUNDAY,JUNE 16,2013 ND MiamiHerald.com I MIAMI HERALD
ZONING HEARING LEGAL ADVERTISEMENT
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CITY OF OPA-LOCKA,FLORIDA *,
City of Miami Gardens
NOTICE TO THE PUBLIC «! +n Wednesday, June 26,2013, 7:00 PM
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks,Florida will hold public hearings at , City Hall,City Council Chambers
its Regular Commission Meeting on Wednesday,June 26,2013 at 7:00 p.m.at the Opa-locka Municipal Complex,
780 Asherman Street,2n°Floor,Opa-locka,Florida to consider the following items: 1515 NW 167t Street, Building 5,Suite 200
RESOLUTIONS/PUBLIC HEARINGS:
A RESOLUTION OF DE CITY COMMISSION OF TIE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE WE REQUEST OF Miami Gardens,Florida 33169
ECOLOGICAL PAPER RECYCLING,INC.FOR FINAL SITE PLAN APPROVAL TO OPERATE A PAPER RECYCLING COMPANY
AT 2330-2350 NW 149"STREET,OPA-LOCKA,FLORIDA,FOLIO NO:s 08-2122-027-0070,08-2122-027-0060,AND Applicant: Anthony Amos
08-2122-025-0391;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. pp y
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVETHE REQUFST OF NICHOLAS Property Location: 19501 N.W.2 Avenue
STRATIGN(ES-FD OPA-LOCKA FLORIDA 13553 NW 22 AVENUE,LLC FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT A Property Size: 1.68 acres
FAMILY DOLLAR AT PROPERTY LOCATED ON THE EAST SIDE OF NW 22 AVENUE BETWEEN OPA-LOCKA BOULEVARD AND
NW 135 STREET,OPA-LOCKA,FLORIDA,FOLIO NO.08-2122-013.0100 AND CONTAINING APPROXIMATELY 29,725 SQ FT; Future Land Use: Commercial
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. Existing Zoning: PCD,Planned Corridor Development
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO APPROVE A DEVELOPER'S v
AGREEMENT BETWEEN RANDOLPH K.MALLEN,NICHOLAS STRATIGAKES-FD OPA-LOCKA FLORIDA 13353N Requested Action(s):
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22 AVENUE LLC,AND THE CITY OF OPA-LOCKA FOR PROPERTY LOCATED ON THE EAST SIDE OF NW 22 AVENUE
BETWEEN OPA-LOCKA BOULEVARD AND NW 135 STREET,OPA-LOCKA,FLORIDA,FOLIO NO.08-2122-013-0100 1. A SPECIAL EXCEPTION TO ALLOW A NIGHTCLUB USE TO BE LOCATED
AND CONTAINING APPROXIMATELY 29,725 SO FT FOR THE PURPOSE OF A FAMILY DOLLAR STORE;PROVIDING FOR
INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE. LESS THAN 1500 FEET FROM ANOTHER ESTABLISHMENT THAT
Additional information on the above items may be obtained in the Office of the City Clerk,780 Fisherman Street, SALES ALCOHOLIC BEVERAGES; A SPECIAL EXCEPTION TO ALLOW
4"Floor,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with A NIGHTCLUB USE TO BE LOCATED LESS THAN 2500 FEET FROM A
respect to the public hearing.
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission with respect to PLACE OF RELIGIOUS ASSEMBLY; A SPECIAL EXCEPTION TO ALLOW
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 A NIGHTCLUB USE TO BE LOCATED LESS THAN 500 FEET FROM A
verbatim record of the proceedings is made,which record includes the testimony and evidence upon which the appeal maybe based.
JOANNA FLORES,CMC RESIDENTIAL ZONED.
CITY CLERK
LEGAL DESCRIPTION: 1 52 41 SIERRA 2ND ADDN PB 57-7 LOTS 6 TO 13 INC&
" LOTS 5&14 LESS N50.27FT BLK 30 LOT SIZE 73260 SQUARE FEET OR 16160-2745
11931 F/A/U 30-2101-012-1330
All persons are entitled to attend and to speak at zoning hearings.However,the courts
neighbors®L4neighbors have ruled that it is improper to contact a Council member individually,either orally or
in writing, about zoning applications. Application information is available at the City
of Miami Gardens, Development Services Department, Planning and Zoning Division,
Hurricane preparedness 1515 NW 167Th Street,Building 5,Suite 200,Miami Gardens,Florida.If further information
Hurricane season is here again,so remember to review your family plan and is desired,call(305)622-8023.
talk to your neighbors about contingencies should a storm threaten.
Remember to include pets in your preparations.FEMAand Emergency City of Miami Gardens Ordinance No. 2007-09-115, requires all lobbyists before
responders have a saying—"it's up to you for 72."It means you may need to engaging in any lobbying activities to register with the City Clerk and pay an annual
survive m your own for three days after a storm.You'll find the link to our fee of$250.00.This applies to all persons who are retained(whether paid or not)to
Mr Hoene preparedness page on our website. represent a business entity or organization to influence"City"action. "City"action
Assisting the elderly is broadly described to include the ranking and selection of professional consultants,
Do you have extra time to spend with a senior?Then check out our website, and virtually all-legislative,quasi-judicial and administrative action. All not-for-profit
www.helpingfeelsgcod.org. In oriytwo months,over 200 volunteers have organizations,local chamber and merchant groups,homeowner associations,or trade
volunteered to share their talents with someone in need.Please join us! associations and unions must also register however an annual fee is not required.
Water safety In accordance with the Americans With Disabilities Act of 1990,all persons who are disabled
Drowning is the leading cause of death of South Florida children. and who need special accommodations to participate in this meeting because of that disability
Information on swimming classes and drowning prevention can be found should contact Ronetta Taylor,CMC,City Clerk(305)622-8003,not later than 48 hours prior
on our webs ite. to such proceeding.TDD No.1-800-955-8771
Cell Neighbors 4 Ne ighbors at 30 6.697.44 A person who decides to appeal any decision made by any board,agency or council with
visit www.nei ghbors4neighbors.org or watch(Mend for more
respect to any matter considered at this meeting or hearing,will need a record of the
Neighbor s4 Neighbors is generously underwritten by proceedings.Such person may need to ensure that a verbatim record of the proceedings is
The Herbert W.Hoover Foundation.
A Community Service of BhrNtismi4ltrnlb 11 in pwtner shp with CELS4 made,including the testimony and evidence upon which the appeal is to be based.
2OND I SUNDAY,JUNE 16,2013 ND MiamiHerald.com I MIAMI HERALD
CITY OF OPA—LOCKA
NOTICE OF PUBLIC HEARING
TO CONSIDER DEVELOPMENT AGREEMENT
NOTICE IS HEREBY GIVEN that a public hearing will be held by the City Commission of the City of Opa-locka,Florida at 780 Fisherman Street,2°d Floor,Opa-locka,Florida on
Wednesday,June 26,2013 at 7 p.m.to consider the following public hearing application:
The first public hearing was held on Tuesday,June 4,2013 before the Planning Council.The following will be considered:
RESOLUTION NO.2013-
AN RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA APPROVING A DEVELOPMENT AGREEMENT CONCERNING A DEVELOPMENT CONSISTING
OF.68±ACRES LOCATED ON THE EAST SIDE OF 22X0 AVENUE BETWEEN OPA-LOCKA BOULEVARD AND NW 135TM STREET;AND PROVIDING FOR AN EFFECTIVE DATE.
APPLICANT:Nicholas Stratigakes-FD Opa-locka Florida 13553 NW 22nd Avenue,LLC
PROJECT NAME:Family Dollar
LOCATION:The subject property is located on the East side of 22nd Avenue between Opa-locka Boulevard and NW 135"Street,Opa-locka,Florida
SIZE OF PROPERTY:.68-1-Acres
PRESENT ZONING:B-2(Commercial Liberal)
REQUEST:Randolph K.Mallen and Nicholas K.Stratigakes-FD Opa-locka Florida 13553 NW 22nd Avenue,LLC,owners and applicants are requesting approval of a development agreement
in conjunction with a pending application for approval of a retail development.Pursuant to the development agreement,the property shall be developed as a retail store 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 33054.
LEGAL DESCRIPTION:
LOTS 7 AND 8 OF BLOCK 307 LESS THE WEST 15 FEET OF"OPA-LOCKA HEIGHTS"ACCORDING TO THE PLAT THEREOF AS RECORDED IN THE PLAT BOOK 45,PAGE 23 OF THE PUBLIC
RECORDS OF MIAMI-DADE COUNTY,FLORIDA
LOCATION MAP:
LOCATION NAP
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FAMILY DOLLAR
13553 NW 22nd AVE
Information relating to the subject application is on file and may be examined in the City of Opa-locka,City Hall,780 Fisherman Street,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,if 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 indudes the 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 appeals not otherwise allowed by law.
In accordance with the Americans with Disabilities Act,all persons who are disabled and who need special 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.
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City of Opa-Locka
Agenda Cover Memo
Commission Item Type: Resolution Ordinance Other
Meeting Date: June 26, 2013 (Enter X in X
box) _
Ordinance Reading: 15� 2"d Reading
Yes No (EnterX in box) Reading
Fiscal Impact:
(EnterX in box) Public Hearing: Yes No Yes No
X (Enter X in box) X X
(Enter Fund & Yes No
Funding Source: De t Advertising Requirement:
N/A P) N/A (Enter X in box) X
Contract/P.O. Yes No
Required: X RFP/RFQ/Bid #: N/A
(Enter X in box)
Yes No Strategic Plan Priority Area: Strategic Plan
Obj./Strategy:
Strategic Plan Enhance Organizational El
Related Bus. & Economic Dev 0 N/A
(Enter Xin box) X Public Safety El
Quality of Education 0
Qual. of Life & City Image.'
Communication El
Sponsor Name City Manager Department: Community Development
Short Title 1
A Resolution of the City Commission of the City of Opa-locka to consider the request of Nicholas
Stratigakes — FD Opa locks Florida 13553 NW 22nd Avenue, LLC., for approval of a Development
Agreement to construct a Family Dollar Store at the East side of 22nd Avenue between Opa-locka
Boulevard and NW 135th Street, Opa-locka, also identified by folio 08-2122-013-0100.
Staff Summary. I
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
Family Dollar DA 641-13 1
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 June 4, 2013. At this
meeting, the Planning Council recommended approval of the project. The second public hearing
is scheduled for June 26, 2013. This hearing must be held before the City Commission. The
property owner / developer has a pending request for final site plan review which will also be
heard on June 26, 2013. In accordance with City Ordinance 86-8, 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 terms:
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.
This Development Agreement was presented and approved by the Planning Council on June 4,
2013 by a 4-0 vote.
Proposed Action:
Staff recommends approval of this Development Agreement.
Attachments:
Development Agreement
Planning Council Meeting Minutes 6-4-2013
Planning Council Application
Family Dollar DA 6-11-13 2
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph L. Kelley, Vice Mayor
Timothy Holmes, Commissioner
Dorothy Johnson, Commissione
Luis B. Santiago, Commissioner
FROM: Kelvin L. Baker, Sr., City Man
DATE: June 11, 2013
RE: A Resolution of the City Commission of the City of Opa-locka to
consider the request of Nicholas Stratigakes — FD Opa locka Florida
13553 NW 22nd Avenue, LLC., for approval of a Development
Agreement to construct a Family Dollar Store at the East side of 22nd
Avenue between Opa-locka Boulevard and NW 135th Street, Opa-
locka, also identified by folio 08-2122-013-0100.
Request:
A Resolution of the City Commission of the City of Opa-locka to consider the request of
Nicholas Stratigakes — FD Opa locka Florida 13553 NW 22nd Avenue, LLC., for
approval of a Development Agreement to construct a Family Dollar Store at the East
side of 22nd Avenue between Opa-locka Boulevard and NW 135th Street, Opa-locka,
also identified by folio 08-2122-013-0100.
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 June 4, 2013. At this meeting, the Planning Council
recommended approval of the project. The second public hearing is scheduled for June
26, 2013. This hearing must be held before the City Commission. The property owner/
developer has a pending request for final site plan review which will also be heard on
June 26, 2013. In accordance with City Ordinance 86-8, once the City Commission
Family Dollar DA 6-11-13 1
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
terms:
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.
This Development Agreement was presented and approved by the Planning Council on
June 4, 2013 by a 4-0 vote.
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
enhanced tax revenues, franchise fees, impact fees, and building permit fees.
Implementation Time Line:
Immediately
Legislative History:
Ordinance 86-8
Planning Council Recommendation:
Planning Council recommends approval of this development agreement.
Staff Recommendation:
Staff recommends approval of this Development Agreement.
Attachment(s)
Development Agreement
Planning Council Meeting Minutes 6-4-2013
Planning Council Application
Prepared By: Gerald Lee, City Planne
Howard Brown, Directo
Community Developme ��partment
Family Dollar DA 6-11-13 2
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DEVELo PEeS A&Z k /Ii
PiANNNGCOUNC .MEE 1GS`IW JEAl°d1;REQUIMIVIIENTS
W2012-2013 eir)TOTAL FEES: $ 3 aZ(O New Fees as of April 120,2013
FY 2010-2012 Meeting Dates Application&Plans Due Dates
1st Tuesday of Each Month)
October 2,2012 August 19,2012
November 6,2012 September 25,2012
December 4,2012 October 23,2012
January 8,2013 November 20,2012
February 5,2013 December 24,2012
March 3,2013 January 22,2013
April 2,2013 February 19,2013
May 7,2013 March 18,2013
June 4,2013 April 22,2013
July 2,2013 May 20,2013
August 6,2013 June 24,2013
September 3,2013 July 22,2013
All individuals seeking to appear before the Planning Council must submit their completed Planning
Council application along with the required documents and fees totaling (s established by ordinance),
paid by check or money order to the City of Opa-locka at least 45 days prior to the scheduled meeting
date. Failure to submit all documents and fees will result in your case not being scheduled to be heard at
a meeting.
2. If the applicant seeking to appear before the Planning Council is not the property owner he must provide
an affidavit of authorization from the property owner.
3. All meetings are held on the first Tuesday of each month at the.City of Opa-locka City Commission
Chambers,780 Fisherman Street:Time 7:00 P.M.
4. Your are required to complete and return this application along with. all the information and
documentation(see page 2 check list)requested to the:
City of Opa-locka
Planning&Community Development Department
780 Fisherman.Street
Opa-locka,FL 33054
Telephone: 305-953-2868,Ext.1503
Facsimile: 305-953-3060
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NANNNG COUNCIL APPEILA 'IIJN
APPLICATION NUMBER: I 3"'O6"CilaHECK NUMBER: I 00.a DATE RECEIVED: 5 - 7+I3
PROPERTY OWNER'S NAME: Randolph K. Mallen
PROPERTY OWNER'S ADDRESS: 2310 NW 102 Terr, Pembroke Pines, FL 33026
Number/Street City State/Zip Code
APPLICANT'S NAME: Nicholas Stratigakes - FD OPA LOCKA FLORIDA 13553 NW 22ND AVENUE, LLC
APPLICANT'S ADDRESS: 19 S. La Salle Suite 1007 Chicago, IL 60603
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 312-332-0690 HOME OTHER
SUBJECT PROPERTY ADDRESS: 13553 NW 22nd Avenue
Number/Street
TAX FOLIO NUMBER: 08-2122-013-0110 _PRESENT_ZONING: B2
LEGAL DESCRIPTION: Lots 7 and 8, less the West 15 feet therepf, In Block 307,
of OPA LOCKA HEIGHTS, According to the plat thereof, as recorded in PB 45
at PG 23, of the Public Records of Miami-Dade County, Florida
Please check specific request:
Tentative Plat
Final Plat
Comprehensive Plan Amendment
Drainage Plan
_ Fill Permit Request
Preliminary Site Plan Review
Final Site Plan Review
Conditional.Use Permit-No Plans
Conditional Use Permit-With Plans
_Special Exception-No Plans
_Special Exception-With Plans
X Other-Please specify: Developers Agreement
Add any additional information that may be of importance to this request:
Included is the Developers Agreement and Narrative.
.
Page I of 4
PLANNINGCOUNCILAPKICAMON
(Coeds list)
Applications will not be accepted without the following data. For a public hearing,all items below are necessary
and muust be submitted.
/Completed application form
✓ Application fee payable to the City of Opa-locka by check or money order
✓ Copy ofpropetty owner's and/or applicant's driver license/photo 1.D.
✓ Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized)
44 A completed Neighborhood Petition form(attached) with the signature of each property
left and right of his property showing address,rs, owner e in front,rear,
f wing they have no objections to the project(name,address,phone number).
All prelitaiinary and final site plans, along with ro
format p perty survey, must be submitted on CD-Rom disc in Cad
4 Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches)
ar Fifteen (15)copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and
parking in accordance with the City's zoning ordinance;(size 36 x 24)
i/ Map showing parcel to be considered and all properties'legal descriptions thereof, within 375' radius of said
parcel.Map to be 1"= 100"scale. Owner's name,address, folio number and legal description on each parcel
(Original anct2 copies size of document to accommodate scale)
/
✓. Narrative concept to be submitted with application
i-
Al! lDA.VIli'
I,Efioa VI K. WICIA-aag first duly swam,depose and say that I am thc.nWi'NER of the property,and I
understand thatihis a lication.must be complete and accurate before a public hearing< n be advertised.
.e 3 9 ofi�p �i,'YS�89Bi{psdiPB
1,x14'„'" �' < ,. a-�; �' :' ,`, aaa 04�,S u-IAi(, ®r®
Signature o �� e
3 e <° .4•
•
Date o q �'d:c `" F-+Wircro
r,; tg its
Sworn to and subscribed before me:
.. ��. „ ago
This M,I day of - a l r ', stub o •r.
VLy commission expires (' ,, t( t € LiL •
Notary Public ____ F
r
Attach copy of identification
PLANNING COUNCIL APPLICATION
POWER OF ATTORNEY
This form is to be attached to all applications,and to be returned with the application. No application will
be honored or persons heard by the Planning Council unless a notarized copy of this Power of Attorney is
submitted.
To: City of Opa-locka
From: Randolph K.Mallen
Subject: Power of Attorney(authorization for a person,other than the property owner,to speak in
the property owner's behalf).
I Randolph K.Mallen, being first duly sworn, depose and say that It am the owner of the property legally
described as:
Lots 7 and 8,less the West 15 feet thereof.in Block 307,of OPA LOCKA HEIGHTS,according to the plat
thereof,as recorded in Plat Book 45 at Page 23,of the Public Records of Miami-Dade County,Florida.
I do give to Nicholas Stratigakes and/or Oscar Robayna the power of Attorney and authority to speak in my
behalf in reference to the above described property. Further, by affixing my notarized signature to this
document,I also authorize Nicholas Stratigakes and/or Oscar Robayna to negotiate and commit to the City
Commission and City Administration in my behalf. I will abide by all final determinations of the City
Commission and City Administration,,
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DEVELOPMENT AGREEMENT BETWEEN
THE GREAT CITY OF OPA-LOCKA,FLORIDA; AND FD OPA LOCKA FLORIDA 13553 NW
22ND AVENUE LLC REGARDING THE FAMILY DOLLAR RETAIL STORE AT
13553 NW 22ND AVENUE
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of July
2013 ("Execution Date") by and between FD OPA LOCKA FLORIDA 13553 NW 22ND AVENUE
LLC, a Florida limited liability company ("Developers/Owners"), and the Great City of Opa-Locka,
Florida, a municipal corporation and a political subdivision of the State of Florida(the "City").
WITNESSETH:
WHEREAS, the Developers/Owners are the fee simple owners and/or lessees of approximately
29,725 square foot parcel of land located at 13553 NW 22°d Ave., Opa-Locka, FL. 33056, within the
municipal boundaries of the City and identified by Miami-Dade County Tax Folio Nos. 08-2122-013-
0100 (the "Property"), the legal descriptions of which are attached hereto and made a part hereof as
Exhibit "A"; and
WHEREAS, FD OPA LOCKA FLORIDA 13553 NW 22ND AVENUE LLC will own the
Property and FAMILY DOLLAR STORES OF FLORIDA, INC., a Florida corporation is the lessee of
said Property; and
WHEREAS, the City's Commission adopted Resolution Number approving a Master
Site Plan for a 8,320 s.f retail store located at the Property with 21 new parking spaces.
WHEREAS, the City Commission adopted Resolution Number based in part upon the
representations made by Mr. Oscar E. Robayna, P.E., as the architect of Developers/Owners in support of
the Resolution; and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local
Government Development Agreement Act, the Florida Legislature has determined that the lack of
certainty in the development process can result in a waste of economic and land development resources,
discourage sound capital improvement planning and financing, escalate the cost of housing and
development, and discourage commitment to comprehensive planning; and
WHEREAS, the Florida Legislature has declared that assurance to a developer that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement planning and
financing, assists in assuring there are adequate capital facilities for the development, encourages private
participation in comprehensive planning, and reduces the economic costs of development; and
WHEREAS, the Developers/Owners and the City desire to establish certain terms and conditions
relating to the proposed development of the Property and wish to establish identifiable parameters for
future development; and
WHEREAS, the City Commission pursuant to Resolution No. , adopted on ,
authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below,
and the Manager of the Developers/Owners have authorized the Developers/Owners to execute this
Agreement upon the terms and conditions set forth below; and
1I ;
NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein
set forth,the Developers/Owners and City agrees to as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" anyone or more additional term(s) approved by mutual
consent of the parties pursuant to a public hearing pursuant to Section 163.3225,
F.S.
(b) "Agreement" means this Chapter 163, F.S., Development Agreement between the
City and Developers/Owners.
(c) "City" means the City of Opa-Locka, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter
163,F.S.
(e) "Developers/Owners" means the persons or entities undertaking the development
of the Property, defined in the preamble to this Agreement, FD OPA LOCKA
FLORIDA 13553 NW 22ND AVENUE LLC, a Florida limited liability company
and/or any of its respective successors,assigns,or heirs thereof.
(f) "Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4),F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date which is thirty days after this Agreement is recorded
with the clerk of the circuit court in and for Miami-Dade County,
(i) "Entire Term" is the total term of this Agreement, combining the Initial Term
(seventy five (75) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
(k) "Existing Zoning" is (a) all entitlements associated with the City's approval of the
Family Dollar Site Plan, and (b) the provisions of the Charter, Comprehensive
2I
Plan and Laws of the City of Opa-Locka, including the City of Opa-Locka's
Unified Land Development Regulation Code and the Ordinance, as amended
through the Effective Date.
(I) "Family Dollar Master Site Plan" is the Final Site Plan approved by the City
Commission via Resolution No. for a 8,320 s.f. retail store with 21
parking spaces to be located at the property.
(m) "Governing body" means the City of Opa-Locka's City Commission or successor
entity.
(n) "Initial Term" is seventy five (75) years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land, except as
provided herein.
(p) "Land Development Regulations" means ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision,
building construction, or sign regulation or any other regulations controlling the
development of or construction upon land in effect as of the Effective Date.
(q) "Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opa-Locka
affecting the development of land in effect as of the Effective Date, including
Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the
Resolution.
(r) "Project" is the Family Dollar as described by the Family Dollar Master Site
Plan as a 8,320 square foot retail store.
(s) "Property" means the approximately approximately 29,725 square foot parcel of
land located at 13553 NW 22nd Ave., Opa-Locka, FL. 33056 within the
municipal boundaries of the City and identified by Miami-Dade County Tax
Folio Nos. 08-2122-013-0100 (the 'Property"), the legal descriptions of which are
attached hereto and made a part hereof as Exhibit "A."
(t) "Public facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
educational facilities, parks and recreational, and health systems and facilities for
which the City's Comprehensive Plan sets forth required levels of service.
(u) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa-Locka Resolution Number approving the President Retail store
Master Plan for a 8,320 s.f retail store with 21 parking spaces.
4. Intent. It is the intent of the Owner and Developers/Owners and the City that this
Agreement shall be construed and implemented as a development agreement among the
parties pursuant to the Florida Local Government Development Agreement Act, Section
163.3220 through 163,3243, F.S., ("Act"), in compliance with section 4.16 of the City of
31 '
Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the
Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all parties, the
City shall record, with recording fees paid by the Developers/Owners, the Agreement
with the clerk of the circuit court for Miami-Dade County. This Agreement shall become
binding on the Effective Date, which is thirty days subsequent to date on which the
agreement is recorded with the clerk of the circuit court for Miami-Dade County.
Notwithstanding the Effective Date provided herein and required by Section 163.3239,
P.S., the City and the Developers/Owners shall act in good faith to carry out the intent of
the Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the land,
remain in full force and effect, and be binding on all parties (including the
Developers/Owners) and all persons claiming under it for an Initial Term of seventy five
(75) years from the Effective Date, and may be extended for one or more Additional
Term(s) thereafter by mutual consent of the parties subject to a public hearing pursuant to
Section 163.3225, F.S. Consent to any extension of this Agreement requires approval of
both parties to this Agreement. No notice of termination shall be required by either party
upon the expiration of this Agreement and thereafter the parties hereto shall have no
further obligations under this Agreement. The obligations imposed pursuant to this
Agreement upon the parties and upon the Property shall run with and bind the Property as
covenants running with the Property, and this Agreement shall be binding upon and
enforceable by and against the parties hereto, their personal representatives, heirs,
successors, grantees and/or assigns.
7. Expiration of Agreement. The expiration or termination of this Agreement, for
whatever reason, shall not be considered a waiver of, or limitation upon, the rights,
including, but not limited to, any claims of vested rights or equitable estoppels, obtained
or held by the Developers/Owners or its successors or assigns to in compliance with this
Agreement and all prior and subsequent development permits or development orders
granted by the City, including, but not limited to, those rights granted under the City of
Opa-Locka's Comprehensive Plan.
8. Development Conditions. The Developers/Owners agree as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of Occupancy for
the Project.
(b) All Public Facility improvements required by the City, by Miami-Dade County,
Florida, or voluntarily proposed by the Developers/Owners to be installed by
Developers/Owners shall either (1) be constructed in accordance with applicable
governmental regulations prior to the issuance of a Certificate of Occupancy of
the Project; or (b) shall be guaranteed to the City by a cash bond or letter of
credit.
(c) Developers/Owners will abide by and not deviate from the terms the of its
graphic and verbal representation submitted to the City Commission in order to
receive approval of the Family Dollar Master Site Plan. Such items include, but
are not specifically limited to:
41
1. Design of all physical structures, water bodies, private and public
improvements; and
2. The color and dimensional characteristics of all building materials.
3. Developer agrees to construct at its sole expense a retail store within the
development.
4. Developer agrees that the development project will hire a security service
to patrol and monitor the development.
5. Developer agrees that it will plant and maintain landscaping along the
public right of way abutting the project.
(d) Developers/Owners guarantee to preserve and maintain all building and
structures consistent with the Family Dollar Master Plan for the entire period in
which the Developers/Owners own the land or control 51% ownership of the
property.
(e) Developers/Owners shall submit annual reports and additional documentation as
required by the Resolution to verify continuing compliance with the Resolution.
(f) Developers/Owners will not physically alter or substitute the design of structures,
materials and colors included in the Family Dollar Master Site Plan except as
approved by the City. In the event that building materials or colors are no longer
available, the burden shall be on Developers/Owners to prove that said materials
or colors are in fact unavailable.
(g) Developers/Owners agree that the City may enter onto the Property to confirm
compliance with the terms of this Agreement.
(h) Developers/Owners agree that upon approval and execution of this Development
Agreement by the City, it shall make a voluntary contribution in the sum of Ten
Thousand and No/100 Dollars ($10,000.00) payable to City of Opa-locka Parks
and Recreation Fund.
(i) Developers/Owners shall cause the general contractor for the Development to
work with the South Florida Workforce servicing the City to provide preferred
employment opportunities for the construction of the Development to qualified
citizens of the City who meet the requirements for skilled and/or unskilled
laborers needed to construct the Development.
(j) Developers/Owners shall cause the general contractor for the Development to
work with the City and arrange a job fair to be held at the Great City of Opa-
locka's City Hall for the purpose of providing qualified, licensed and bonded
subcontractors of the City the first opportunity to bid in the general contractors
open bidding process on the subcontracts available for the construction of the
Development prior to the open bidding being released to the general public.
(k) Developers/Owners agree that upon approval and execution of this Development
Agreement by the City, it shall cause Atwater Group to make a voluntary
5I
contribution in the sum of Two Thousand Five Hundred and No/100
($2,5000.00) Dollars made payable to City of Opa-locka for the purposes of
purchasing book bags and other school supplies to be distributed to the citizens
of the City during the "Back to School Book Bag Giveaway" event tentatively
scheduled for August 10, 2013.
9. Development Permits. The City may need to approve the following additional
development permits upon proper submission of all requirements, and City review or
inspections, in order for the Developers/Owners to develop the Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the Family Dollar
Master Site Plan
(c) Water, sewer,paving and drainage permits;
(d) Building permits;
(e) Sign permits;
(f) Certificates of use and occupancy; and
(g) Any other official action of the City and/or Miami-Dade County, Florida or other
applicable regulatory agencies having the effect of permitting the development of
land or providing permits required for the development of land.
10. Public Services and Facilities; Concurrence. The City and the Developers/Owners
anticipate that the Property and the Project will be served by those public services and
facilities currently in existence as provided by the State of Florida, Miami-Dade County,
the City, and/or as contemplated in Family Dollar Master Site Plan. The Property and the
Project will also be served by any and all public facilities provided in the City's
Comprehensive Plan, specifically including but not limited to, those public facilities
described in the Comprehensive Plan's Capital Improvements Element. For the purposes
of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public
facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage,
fire and police to serve the development of the Project on the Property. All development
orders or permits sought to be issued for the Project pursuant to this Agreement are
hereby found to meet concurrency standards set forth in the Comprehensive Plan
(concurrency regulations) and to be consistent with Land Development Regulations, so
long as the Developers/Owners constructs the Property in substantial compliance with the
City's Laws, Comprehensive Plan and Land Development Regulations in existence as of
the Effective Date. Developers/Owners shall be bound by the City impact fees and
assessments in existence as of the Effective Date of this Agreement. Nothing in this
paragraph shall relieve the Developers/Owners of the requirement to pay impact fees and
assessments.
11. Consistency with Comprehensive Plan. The City hereby finds and declares that the
Developers/Owners' development of the Project on the Property complies with the Laws,
ordinances, regulations and policies of the City of Opa-Locka, and is consistent with the
City's Laws,Comprehensive Plan and Land Development Regulations.
61 ::
12. Reservation of Development Rights. For the Entire Term of this Agreement, the City
hereby agrees that it shall permit the Developers/Owners' development of the Property
with the Project in accordance with the Laws of the City of Opa-Locka, including the
City's Comprehensive Plan and Land Development Regulations, as of the Effective Date
of this Agreement, subject to the conditions of this Agreement. The City's Laws and
policies governing the development of the Property as of the Effective Date of this
Agreement shall govern the development of the Property for the Entire Term of this
Agreement. Development of the Property with the Project shall not be subject to any
future changes to the Laws of the City of Opa-Locka, including the City's Land
Development Regulations and Comprehensive Plan designation after the Effective Date
and during the Entire Term of this Agreement. The City may apply subsequently adopted
laws or policies to the Property only as permitted or required by the Act.
13. Zoning and Other Approvals. The parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the
Property.
14. Necessity of Complying, with Local Regulations Relative to Development Permits.
This Agreement is not and shall not be construed as a development permit or
authorization to commence development. The Developers/Owners and the City agree that
the failure of this Agreement to address a particular permit, condition, fee, term or
restriction in effect on the Effective Date of this Agreement shall not relieve
Developers/Owners of the necessity of complying with any and all regulations governing
said permitting requirements, conditions, fees, terms or restrictions as long as compliance
with said regulation and requirements do not require the Developers/Owners to develop
the Property in a manner that is inconsistent with the Laws of the City of Opa-Locka in
existence as of the Effective Date.
15. Good Faith; Further Assurances. The parties to this Agreement have negotiated in
good faith. It is the intent and agreement of the parties that they shall cooperate with each
other in good faith to effectuate the purposes and intent of and to satisfy their obligations
under this Agreement in order to secure to themselves the mutual benefits created under
this Agreement. In that regard,the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement, provided that the
foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the
City's police power or actions of the City when acting in a quasi-judicial capacity.
16. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope and addressed as follows:
If to the City City Manager
at: City of Opa.-Locks
780 Fisherman Street Fourth Floor
71
Opa-Locka, Florida 33054
With a copy Joseph Geller. Esq.
to: City Attorney
Greenspoon Marder,P A
100 W Cypress Creek Road Suite 700
Fort Lauderdale,Florida 33309
If to the Developers/Owners Atwater Group
19 South LaSalle Street
Suite 1007
Chicago, Illinois 60603
With a copy to:: Dubin Law Group PC.
70 West Madison, Suite 4500
Chicago,Illinois 60602
Attn: Richard M. Dubin
17. Governing Laws, Construction and Litigation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida. The Developers/Owners
and the City agree that Miami-Dade County, Florida is the appropriate venue in
connection with any litigation between the parties with respect to this Agreement. All of
the parties to this Agreement have participated fully in the negotiation and preparation
hereof; and accordingly, this Agreement shall not be more strictly construed against any
of the parties hereto. In construing this Agreement, captions, and section and paragraph
headings shall be disregarded. All of the exhibits referenced in this Agreement are
incorporated in, and made a part of, this Agreement. In the event of any litigation
between the parties under this Agreement for a breach thereof, the prevailing party shall
be entitled to reasonable attorney's fees and court costs at all trial and appellate levels.
18. Severability. In the event that any term or provision of this Agreement is determined by
an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be
given its nearest legal meaning or construed as deleted as such authority determines, and
the remainder of this Agreement shall be construed to be in full force and effect.
19. Entire Agreement. This Agreement sets forth the entire Agreement and understanding
between the parties hereto relating in any way to the subject matter contained herein and
merges all prior discussions between the Developers/Owners and the City. Neither party
shall be bound by any agreement, condition, warranty or representation other than as
expressly stated in this Agreement and this Agreement may not be amended or modified
except by written instrument signed by both parties hereto.
20. Indemnification. The Developers/Owners shall indemnify and hold harmless the City, its
elected and appointed officials, employees, agents and assigns from and against any
claims or litigation arising from this Agreement instituted by third parties.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
81 '`
[SIGNATURES ON PAGES TO FOLLOW]
91 `' :
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Clerk City Manager
Dated: day of , 2013
Approved for form and legal sufficiency:
City Attorney:
10I ''
DEVELOPERS/OWNERS
FD OPA LOCKA FLORIDA 13553 NW 22ND
AVENUE LLC, a Florida limited liability
company.
WITNESS:
By:
Signature Name: Nicholas G. Stratigakes
Title: Manager
Print Name
Signature
Print Name
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE )
The foregoing instrument acknowledges before me this day of , 2013 by
Nicholas G. Stratigakes as Manager of FD OPA LOCKA FLORIDA 13553 NW 22ND AVENUE LLC, a
Florida limited liability company, who is personally known to me or has produced
as identification, and acknowledged that she/he did execute
this instrument freely and voluntarily for the purposes stated herein.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
111 :
tinetk•
•
. •
MINUTES
PLANNING COUNCIL MEETING
TUESDAY,June 4,2013
ROLL CALL:
The meeting was called to order at 7:10 p.m.by Chairman Russell. Present members were Mr. Steven
Barrett, Mr. Elio Guerrero,Chairman Calvin Russell and Ms. Lillie Odom. Also present was Community
Development Director Howard W. Brown, Jr.,'and Attorney Geller.
II INVOCATION AND PLEDGE: Mr. Steven Barrett gave the invocation and the Pledge of Allegiance
followed.
III APPROVAL OF MINUTES: May 7,2013
Chairman Russell moved for a motion to,approve the minutes for May 7,2013. Steven Barrett motioned
to approve the minutes and Lillie Odom second the motion. Chairman Russell stated the minutes were
approved and asked for a roll call. Mr. Brown made the roll call.
Upon roll call the minutes passed 4-0.
Lillie Odom - Yes
Steven Barrett - Yes
Elio Guerrero - Yes
Calvin Russell - Yes
Chairman Russell asked that the first applicant for the public hearing information be read for the record
and the Attorney read the information for the record.
IV. PUBLIC HEARINGS:
Planning Council Minutes
4/2/2013
Page 1 of 6
1. Applicant Name: Nicholas Stratigakes-FD Opa-locka,Florida 13553 NW 22nd
Avenue, LLC.
Property Owner Randolph K.Mallen
LOCATION: The East side of 22nd Avenue between Opa-locka
Boulevard and NW 135th Street, Opa-locka, Florida 33054
LEGAL DESCRIPTION: LOTS 7 AND 8 OF BLOCK 307 LESS THE WEST 15
FEET OF "OPA LOCKA HEIGHTS" ACCORDING TO
THE PLAT THEREOF AS RECORDED IN THE PLAT
BOOK 45, PAGE 23 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA
Request: Final Site Plan Review to construct a Family Dollar Store
Mr. Brown stated that on May 13, 2013 the applicant submitted application No.13-06-0401. On
May 15, 2013 staff reviewed the site plan and determined that it was not compliant with the City
LDR within the commercial liberal business district (B-2) for required parking. Per the LDR, no
parking is permitted in the property setback area in the B-2 zoning district. On May 29, 2013 the
applicant's request for a parking variance was granted by the Zoning Board of Appeals. (ZBA)
Staff reviewed the site plan and determined that it is now compliant. Staff recommends approval
of this site plan subject to compliance with the conditions listed in the staff report. Mr. Barrett
stated that Family Dollar was good for the community and he welcomed the idea for another
Family Dollar Store in the City. Chairman Russell asked for the representative to speak on behalf
of Family Dollar. Oscar E. Robayna, P.E. Engineer for the Developer Director of Engineering;
Robayna and Associates, Inc 5723 NW 158 Street Miami Lakes, Fl 33014 Presented the new site
plan. During the variance meeting(to approve parking within the setback areas) it was requested
that there was an additional parking spot for the handicapped. The site plan was revised to
account for this additional spot. He presented a copy of the revised site plan. Chairman Russell
asked if there were any further questions and there were none so the public hearing was closed.
Chairman Russell asked for a motion for or against the project of Family Dollar. Mr. Steven Barrett
moved for a motion for the project and Elio Guerrero second the motion. Chairman Russell asked for a
roll call and Mr. Brown made the roll call.
Upon roll call the minutes passed 4-0.
Lillie Odom - Yes
Steven Barrett - Yes
Elio Guerrero - Yes
Calvin Russell - Yes
Planning Council Minutes
4/2/2013
Paget of 6
Chairman Russell asked for the next applicant for the public hearing information to be read and the
Attorney read the information for the record.
2. Applicant Name: Nicholas Stratigakes-FD Opa-locka, Florida 13553 NW 22nd
Avenue, LLC.
Property Owner Randolph K.Mallen
LOCATION: The East side of 22nd Avenue between Opa-locka
Boulevard and NW 135th Street, Opa-locka, Florida 33054
LEGAL DESCRIPTION: LOTS 7 AND 8 OF BLOCK 307 LESS THE WEST 15
FEET OF "OPA LOCKA HEIGHTS"ACCORDING TO
THE PLAT THEREOF AS RECORDED IN THE PLAT
BOOK 45, PAGE 23 OF THE PUBLIC RECORDS OF
MIAMI-DADE COUNTY, FLORIDA
Request: Review and Approval of a Developer's Agreement
Mr. Brown stated that the applicant submitted application No. 13-06-0402. Staff presented the
item and allowed for representation to address the council. Ivy D. Israel came down from
Chicago to speak on behalf of the Developer's Agreement for Family Dollar. She explained that
The Developer is a preferred Developer that purchases land and develops it for Family Dollar
which in turn leases it from the Developer and does not have control over Family Dollar's hiring
practices. That being said; was given authorization to present that Family Dollar will work with
the City and create an agreement in which Family Dollar will use its best efforts to hire citizens
of Opa Locka for employment at the retail store. Further, Developer's general contractor will
reach out to the City of Opa Locka in efforts to gather names of qualified subcontractors to
perform its construction work. Both Family Dollar and Atwater Group (the parent Developer)
pride themselves in helping communities grow and to create opportunity within the community.
Chairman Russell asked about the hiring plans that if Family Dollar would consider hiring as so
many of the other businesses that come to the city does by hiring residents and Ms. Ivy Israel
stated that they would give their best efforts to support the City although they have nothing to do
with that part of the agreement but they will make sure Family Dollar is made aware of the
requested interest. Chairman Russell opened the floor for public hearing and no one came
forward so the public hearing was closed. Chairman Russell asked for a motion and Mr. Steven
Barrett moved for a motion to approve and Mr. Elio Guerrero second the motion.
Chairman Russell asked for a roll call and Mr. Brown made the roll call.
Planning Council Minutes
4/2/2013
Page 3 of 6
Upon roll call the minutes passed 4-0.
Lillie Odom - Yes
Steven Barrett - Yes
Elio Guerrero - Yes
Calvin Russell - Yes
Chairman Russell asked for the next applicant for the public hearing information to be read and the
Attorney read the information for the record. ,
'10114 �111CI�111ll
r 111����H � f
1111 N D,
3. Applicant Name: CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT
DEPARTMENT 'hill, 41111,
Address: 780 Fisherman Street,4TH Floor Opa-locka FL 33054
Request: An Ordinance to initiate the establishment of a mixed use
overlay district for major transportation corridors of the
City of Opa-locka, to include NW 135th Street, from NW
It'll!'11, 47TH Avenue to NW 27TH Avenue; Ali Baba Avenue,
from NW 37TH Avenue to NW 151ST STREET; Opa-
1111flItliiiitillI1� locka Boulevard from Ali Baba Avenue to NW 27TH
�MtiiAvenue;NW 27TH Avenue, From NW 127TH Street to
'111111, NW 151st Street; and NW 22ND Avenue, from NW
111�� 11111111 135TH Street to NW 151ST Street; Permitted Uses Shall
I11 �1��Ilpiilh, include, Retail, Office, Educational Facilities, Public
till �11111111�11�1l1tiigiiliiipii X11 Facilities, Parking Standards and Height Limitations;
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(1{111 t111�1�1 ��IHH Providing for incorporation of recitals; Providing for an
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Mr. Brown presented before the council that the Mixed Use Overlay District(MXUOD district)
provides the opportunity for service-oriented retail, commercial and mixed-income housing
within a pedestrian-friendly neighborhood with sustainable and environmentally responsive
buildings and infrastructure. The district's close proximity to public transportation will support a
variety of commercial, retail,moderate and high density multifamily housing types for a broad
range of incomes. The combination of accessibility to public transit and housing will shape this
Planning Council Minutes
4/2/2013
Page 4 of 6
district as an active mixed-use neighborhood. Proposed developments should promote a variety
of uses by providing ground floor active uses and open space through reduced parking capacities.
Chairman Russell asked for a motion and Mr. Elio Guerrero moved for a motion to approve and
Mr. Steven Barrett second the motion.
Chairman Russell asked for a roll call and Mr. Brown made the roll call.
Upon roll call the minutes passed 4-0. 341
Lillie Odom - Yes
Steven Barrett - Yes
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Elio Guerrero - Yes �iII{1IIIIIIIIIII1I I'lift!
Calvin Russell flllil0014,I0i Yes {
Chairman Russell asked if there was any other business that needed discussion. jiti t 1I1`11
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V. OTHER BUSINESS: {{ t{( t
STAFF UPDATE: 111111## /111 11411111
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Comprehensive Sign Ordinance—Discussion Only
VI ADJOURNMENT 111IIIIIIiIIIIIIIIII(IIt#
. Chairman Russell gave the motion to adjourn the meeting.
Meeting adjourned at 7:45pm.
Submitted by Mary:Brown
Recording Secretary
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
Title
Planning Council Minutes
4/2/2013
Page 5 of 6
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Planning Council Minutes
4/2/2013
Page 6 of 6