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14-8818 Aluminium Smelting or Refining of Metals/Japanese Engines Holdings
Sponsored by: City Manager Resolution No. 14 -8818 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT A SPECIAL CONDITIONAL USE FOR ALUMINIUM SMELTING OR REFINING OF METALS USE BY PROPERTY OWNER, ALL JAPANESE ENGINES HOLDINGS, TO OPERATE AN ALUMINUM - SMELTING OVEN, SUBJECT TO CONDITIONS STATED IN ORDINANCE NO 11 -06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in May 2011, the City Commission amended Ordinance 86 -8 to allow for a special conditional use for aluminum smelting and refining of metals use in I -2 Zoning District, on a conditional use basis; and WHEREAS, Ordinance 11 -06 allows the operation of an aluminum smelting or refining of metals use in I -2; I -2A; and I -3 Zoning Districts, subject to the below conditions: 1. The use of the aluminum- smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology). 2. The operation of aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal and State laws. 3. The aluminum- smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. WHEREAS, The City Commission of the City of Opa -locks desires to approve a special conditional use for All Japanese Engines for aluminum smelting or refining of metals use in the I -2 Zoning District, subject to the conditions of City Ordinance 11 -06, and subject to being reviewed and renewed every two years by the City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Resolution No. 14 -8818 Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby grants a special conditional use for aluminum smelting or refining of metals use by property owner, All Japanese Engines Holdings, to operate an aluminum- smelting oven in the I -2 Zoning District, located at 2300 NW 150`' Street, Opa- locks, subject to conditions stated in City Ordinance No 11 -06, which are: 1. The use of the aluminum- smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology). 2. The operation of aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal and State laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. 4. The City Commission hereby approves a special conditional use subject to review and renewal every two years by the City Commission. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 11th rlav of TnnP ?nl,4 a J41ma Flores City Clerk Resolution No. 14 -8818 Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Miller: Commissioner Tydus: Vice -Mayor Johnson: Mayor Taylor: 9440099 v COMMISSIONER SANTIAGO COMMISSIONER JOHNSON 4 -0 OUT OF ROOM YES YES YES YES 2ND I SUNDAY, JUNE 1, 2014 ND I MiamiHerald.com I MIAMI HERALD REACH US EDITORIAL Suburban Edkor Joan Chrissos 305- 376 -2635 jchrissos@MiamiHerald.com Edka Mark Worth 305- 376 -3591 mworth@MiamiHerald.com Reporters Miami Gardens: Nadege Charles, 305- 376 -4566, ncharles@Miami Herald.com; Hialeah: Joey Flechas, 305- 376 -3602, jfiechas @Miami Herald.com; Religion: Bea Hines 305 -376 -2022 ext. 7192, bhines @MiamiHerald.com Youth Sports Edkor James Varsallone ivarsallone@MiamiHerald.com School News arichardson@MiamiHerald.com OTHER CONTACTS Adverdsing Liana Guilarte, 305- 376 -4645 Calendar desk/Ilstlngs 305- 376 -3355 newscalendar@MiamiHeraid.com Oil "problems 1- 800 - THEHERALD 0- 800 -843 -4372) e SOUTH FLORIDA FREE LUNCHES FOR KIDS AT LIBRARIES Sisters for Abundant Living will offer free lunches for kids this summer in cooperation with the Miami - Dade and Broward County public library systems to provide free meals to chil- dren from June 9 through Aug. Ii The program also aims to teach students about nutrition and literacy by offering free books for students to read while eating lunch. In addition to the librar- ies, there are more than 100 sites throughout the county that will offer the free lunches. Any student that comes to the loca- NEIGHBORHOOD NEWS tions where the program is held is eligible for a meal during the serving time and while supplies last. Students must be 18 or under to participate. For a list of participa- ting libraries and serving times, call 305- 826 -7900 or visit www.mdpls .org /programs/ free - lunch- program.html. e SWEETWATER COMMISSION SET TO CHOOSE LEADERS The Sweetwater City Commission will appoint a new president and vice president at a meeting at 8 p.m. in the commission chambers, 500 SW 109th Ave., on Monday, June 2. Every non - election year, the city commission ap- CITY OF OPA -LOCKA REQUEST FOR PROPOSALS RFP NO: 14-1906100 BURLINGTON STREET CANAL Design Build Proposals for the Burlington Street Canal will be received by the City of Opa -locks at the Office of the City Clerk, 3400 NW 135th Street, Building -B, Opa- locks, Florida 33054, June 19. 2074 by 1:00 o.m. Any proposals received after the designated dosing time will be returned unopened. The purpose of this Request for Proposals Is to seek service of a qualified professlonal firm to provide design -build services to the City of Opa -locks for the Burlington Street Canal dredging, bank restoration, and stabilization with slope correction. An original and five (6) copies a total of seven (7) plus 1 copy of the proposal on CD in PDF format shall be submitted In sealed en veklpea/packages addressed to Joanna Flores, City Clerk, City of Opa- Locka, Florida, and marked BURLINGTON STREET CAN11L. Proposers desiring information for use in preparing proposals may obtain a set of such documents from the Clerks Office, 3400 NW 135th Street, Building -B, Opa -ocka, Florida 33054, Telephone (305) 953 -2800 or copies of the RFP NO: W1906100 requirements may also be obtained by visiting the City's website at www.oDalockafl.gov, (dick "RFO /PROPO,S4LS "located on ffce right hand side of the screen and follow Ole instructions). Bidder must comply with Presidential Executive Order 11246, as amended; by Executive Order 11375; Title VII of the Civil Rights Act of 1964 as amended; the Davis -Bacon Ad of 1968, as amended; the Copeland Ami- Kickback Act; the Contract Work Hours and Safety Standards Act and all other applicable federal, state and local ordinance. The bidder must comply with all grants requirements as the project is partially funded by FDEP grants and/or will be funded by any other gram sources. A non - mandatory pre -bid meeting will be held on Friday, June 6, 2014 at 11:00am at Sherbondy Village 215 Perviz Ave, Opa- locks, FI 33054. Note that bidder Is required to pay workers on this project the minimum wages as determined In the Wage Determination Decision Included In the Bidder's package; and that the contractor must ensure that employees are not discriminated because of race, color, religion, sex or national origin. The City reserves the right to accept or reject any and all proposals and to waive any technicalities or irregularities therein. The City further reserves the right to award the contract to that proposer whose proposal best complies with the RFP NO: 14-1906100 requirements. Proposers may not withdraw their proposal for a period of ninety (90) days from the date set for the opening thereof. Joanna Flores, CMC City Clerk points a new person to both positions. In an elec- tion year, the persons are appointed soon after the election takes place. Now, Jose Bergouignan holds the title of president title, while Orlando Lopez holds the vice president position. e MIAMI SPRINGS /HIALEAH WATER MAIN REPAIRS WILL AFFECT TRAFFIC Miami -Dade County has started repairs on a 96- inch -wide water main pipe that will significantly impact local traffic. The pipe, which needs "immediate attention," ex- tends from the Miami Springs well field, near the high school, across to the Hialeah water filtering plant, on Okeechobee Road. The road work will also extend to Medley, in the area of Northwest 74th Street and Northwest 73rd Avenue, and will include most of Dove Avenue along North Royal Poin- ciana Boulevard in Miami Springs. The county has advised the public to avoid the area. Work will continue around the clock until completed, according to a county press release. e BAL HARBOUR BUDGET COMMITTEE VOLUNTEERS SOUGHT Bal Harbour is looking for residents interested in serv- ing on the village's budget committee. The village council at their June V meet- ing will appoint those who are chosen. Rksumks should be submitted by June 6 to Jay Smith at jsmith@ balhazbourorg The budget committee will conduct a review of the village's budgeted funds, as well as review the overall fiscal policies and practices of the vil- lage, making report to the village manager and council. The committee will be made up of five members appointed by the village Council and is expected to serve a one-year term. They will work on budget issues initially in the summer months and will then ad- dress broader policy and procedures for the village. Allsba 4P CITY OF OPA- LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa- locks, Florida will hold a pudic hearing at its Regular Commission Meeting on Wednesday, June 11, 2014 at 7:00 P.M. in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa -ocka, Florida to consider the following items: SECOND READING ORDINANCE/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE A TREE BOARD TO SERVE AS AN ADVISORY GROUP TO THE CrTY COMMISSION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on May 14, 2014). Sponsored by C.M. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE/ DENY ALL JAPANESE ENGINES CORPS REQUEST TO REZONE THE PROPERTY IDENTIFIED AS FOLIO 08- 2122-0250110 FROM 1 -2 TO I -2A TO ALLOW APPROPRIATE USES AS LISTED IN SECTION 6.11A (e) OF THE LAND DEVELOPMENT CODE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading MW on May 14,2D14). Sponsored by C.M. RESOLUTIOWPUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CrTY OF OPA- LOCKA, FLORIDA, TO GRANT CONDITIONAL USE FOR ALUMINIUM SMELTING OR REFINING OF METALS USE BY PROPERTY OWNER, ALL JAPANESE ENGINES HOLDINGS, TO OPERATE AN ALUMINUM - SMELTING OVEN, SUBJECT TO CONDITIONS STATED IN ORDINANCE NO 11-06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE Sponsored by C.M. Additional information on the above items may be obtained in the Office of the City Clerk, 3400 NW 135° Street, Bldg. B, Opa- locks, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSUANT TO FS 266.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to anymatterconsideredatsuch meeting orhearing will deeds record of Ore proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. JOANNA FLORES, CMC Crrr CLERK R5CE11'EC CITY CLERK 14 JUN -6 SAM 10: 24 City of Opa -Locka Agenda Cover Memo Commission Meeting Date: June 11, 2014 Item Type: (En ter X in box) Resolution Ordinance Other X Fiscal Impact: (Enter X in box) Yes No I Ordinance Reading: (EnterX in box) 1St Reading 2nd Reading N A X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: N/A (Enter Fund & Dept) N/A Advertising Requirement: (EnterX in box) Yes No X Contract /P.O. Required: (Enter X in box) Yes No RFP /RFQ /Bid #: N/A X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education D Qual. of Life & City Image D Communcation Strategic Plan Obj. /Strategy: N/A X Sponsor Name City Manager Department: Community Development Short Title: A resolution of the City Commission to grant a conditional use for aluminum smelting or refining of metals use by the property owner, All Japanese Engines. Staff Summary: On May 11, 2011, the Mayor and City Commission amended City Ordinance No. 86 -8, which provided for aluminum smelting and refining of metals use in the 1 -2 zoning district as a conditional use. Ordinance 11 -06 authorizes the operation of an aluminum smelting or refining of metals use in 1 -2; 1 -2A; and 1 -3 zoning districts subject to the following conditions: 1. The use of the aluminum - smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology Standards). 2. The operation of the aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. 3. The aluminum - smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. 4. This conditional use must be reviewed every two (2) years from the Mayor and City Commission's date of approval. • The Planning Council met on June 28, 2011 after receiving an application by All Japanese Engines to operate an aluminum - smelting oven. During that meeting, the Planning Council heard from staff as well as the public and recommended that the aluminum smelting and refining use be approved as a conditional use. The Planning Council had not received any business license information. In November 2011, City staff started a comprehensive review of business license history information to determine if All Japanese Engines, in fact, had a legal non - conforming use established on the subject property at 2300 NW 150th Street, Opa- locka, FL 33054. Research revealed that the applicant does not have a grandfathered use for either junkyard or for scrap metal facility usage. All Japanese Engines request was returned to the Planning Council to obtain their recommendation in light of the erroneous information they previously received; that their operation was a legally non conforming. On February 7, 2012, the license history information was presented to the Planning Council to discuss scheduling a formal review of the applicant's request with the knowledge of this information. This request was formally reviewed on March 6, 2012. Mr. Brown stated that staff recommended approval of the request in accordance with Ordinance 11 -06, provided that the applicant no longer operate a junkyard or scrap metal facility. The Planning Council was concerned about the recommended approval of the applicant's request and asked for the Assistant City Attorney's legal advice. Attorney Rodriguez declared that the matter deliberated should only be the application for a conditional use permit to use an aluminum smelting furnace. According to Rodriguez, an aluminum smelting furnace is permitted as a conditional use on the said property. The problem is that current use of the property (salvage and junkyard) is inconsistent with the underlying zoning code. Tying one approved use to another goes beyond the scope of the application. If the applicant met the criteria under the code, then that will be the information to decide upon. If the activities on the site are inconsistent with the current underlying zoning of the property, the applicant will proceed at his own risk for potential enforcement action on the part of the City for operating on a site that is inconsistent with the zoning code. The granting of occupational licenses is not a guarantee of zoning approval. Occupational licenses are taxes paid to the city. The receipt of an occupational license does not imply automatic zoning approval for the use on the property. • The Planning Council recommended approval of the applicant's request to operate a smelting or refining operation as a conditional use subject to the conditions of Ordinance 11 -06. When the request to operate this oven was presented to the City Commission on June 13, 2012 the motion failed. The applicant said he was not informed of the hearing and did not have an opportunity to address any questions the City Commission may have had. Proposed Action: Staff Recommends Approval of this request subject to the conditions of Ordinance 11 -6, provided that the applicant no longer operates a junkyard or scrap metal facility. Attachment: Ordinance 11 -6 Resolution 12 -8419 Planning Council Meeting Minutes, June 28, 2011; March 6, 2012; Planning Council Application Staff Report 1. O! � a .OgAQ RAT E� Memorandum TO: Myra L. Taylor, Mayor Joseph L. Kelley, Vice Mayor Timothy Holmes, Commissi ner Dorothy Johnson, Commissi ner Luis B. Santiago, Commissio er/ FROM: Kelvin L. Baker, Sr., City Man DATE: June 5, 2014 RE: Request from All Japanese Engines Holding, applicant and property owner, for conditional use in the 1 -2 (liberal industrial) zoning district to allow an aluminum smelting or refining of metals use. The subject property is located at 2300 NW 150th Street, Opa- locka, FL specifically described by Folio No. 08- 2122 - 025 -0110 and contains 33,581 square feet. Request: A resolution of the City Commission to grant a conditional use for aluminum smelting or refining of metals use by the property owner, All Japanese Engines Holding, to operate an aluminum smelting oven subject to conditions stated in ordinance No. 11 -06; providing for incorporation of recitals; providing for an effective date. Chronology: • The Toyota Supermarket Corporation established a salvage and junk yard for the dismantling and sales of used auto parts business on May 27, 1997 at 14985 NW 22nd Court, Opa- locka, Florida, not at the above - subject property. • The Toyota Supermarket Corporation's name was changed to All Japanese Engines on January 29, 2002. All Japanese was licensed exactly as Toyota Supermarket Corporation to operate a salvage and junk yard — dismantling and sales used auto parts. • In August 26, 2004, All Japanese moved to 2300 NW 150th Street, Opa- locka, FL 33054. " O n D e c e m b e r 1 2 , 2 0 0 9 , m e t a l r e c y c l i n g w a s a d d e d t o t h e b u s i n e s s l i c e n s e ( t h i s u s e i s n o t a l l o w e d u n d e r t h i s p a r t i c u l a r z o n i n g d i s t r i c t a n d w a s e r r o n e o u s l y a d d e d t o t h e l i c e n s e a p p l i c a t i o n ) . T h e a p p l i c a n t c o n t e n d s h e h a s a c t i v e l y o p e r a t e d a l a w f u l a u t o s a l v a g e j u n k y a r d s i n c e 1 9 8 9 f r o m 2 3 0 0 N W 1 5 0 t h S t r e e t , O p a - l o c k a , F l o r i d a . C i t y b u s i n e s s l i c e n s e a n d z o n i n g r e c o r d s d o n o t s h o w t h i s t o b e t h e c a s e . A f t e r a c a r e f u l e x a m i n a t i o n o f b u s i n e s s l i c e n s e r e c o r d s a n d c i t y z o n i n g r e g u l a t i o n s r e g a r d i n g t h i s m a t t e r , t h e a p p l i c a n t d o e s n o t h a v e a v e s t e d r i g h t t o o p e r a t e a m e t a l r e c y c l i n g o p e r a t i o n o r j u n k y a r d . C o n s e q u e n t l y , t h e s u b j e c t p r o p e r t y i s l o c a t e d i n t h e 1 - 2 z o n i n g d i s t r i c t w h i c h d o e s n o t p e r m i t t h e o p e r a t i o n o f a j u n k y a r d o r s c r a p m e t a l f a c i l i t i e s . I n o r d e r f o r a j u n k y a r d o r a s c r a p m e t a l f a c i l i t y t o l a w f u l l y o c c u r o n s i t e , t h e u s e s w o u l d h a v e t o b e e n l e g a l l y e s t a b l i s h e d p r i o r t o 1 9 8 6 p r e f e r a b l y e v i d e n c e d b y a b u s i n e s s l i c e n s e o r c e r t i f i c a t e o f o c c u p a n c y . D e s c r i p t i o n : S c r a p m e t a l f a c i l i t i e s a n d j u n k y a r d u s e s a r e n o t p e r m i t t e d i n t h e 1 - 2 ( l i b e r a l i n d u s t r i a l ) z o n i n g d i s t r i c t . R e z o n i n g o f t h e s u b j e c t p r o p e r t y r e q u i r e s r e z o n i n g t o t h e I - 2 A ( l i b e r a l i n d u s t r i a l ) z o n i n g d i s t r i c t t o o p e r a t e a m e t a l r e c y c l i n g o r j u n k y a r d u s e . S c r a p m e t a l f a c i l i t i e s a n d j u n k y a r d s a r e n o t p e r m i t t e d i n t h e 1 - 2 z o n i n g d i s t r i c t . S h o u l d a s m e l t i n g o r r e f i n i n g o f m e t a l s u s e b e g r a n t e d b y t h e M a y o r a n d C i t y C o m m i s s i o n , s c r a p m e t a l f a c i l i t i e s a n d j u n k y a r d s , s i m i l a r t o w h a t y o u m a y s e e o f f 1 3 5 t h S t r e e t a n d C a i r o L a n e i s n o t p e r m i t t e d u n l e s s t h e p r o p e r t y i s r e z o n e d t o t h e I - 2 A z o n i n g d i s t r i c t . O n M a y 1 1 , 2 0 1 1 , t h e M a y o r a n d C i t y C o m m i s s i o n a m e n d e d C i t y O r d i n a n c e N o . 8 6 - 8 w h i c h p r o v i d e d f o r a l u m i n u m s m e l t i n g a n d r e f i n i n g o f m e t a l s u s e i n t h e 1 - 2 z o n i n g d i s t r i c t a s a c o n d i t i o n a l u s e . O r d i n a n c e 1 1 - 0 6 a u t h o r i z e s t h e o p e r a t i o n o f a n a l u m i n u m s m e l t i n g o r r e f i n i n g o f m e t a l s u s e i n 1 - 2 ; 1 - 2 A ; a n d 1 - 3 z o n i n g d i s t r i c t s s u b j e c t t o t h e f o l l o w i n g c o n d i t i o n s : 1 . T h e u s e o f t h e a l u m i n u m s m e l t i n g f u r n a c e m u s t m e e t t h e r e q u i r e m e n t s o f F l o r i d a L a w c o n c e r n i n g a i r e m i s s i o n s s o u r c e s a n d t h e E P A S e c o n d a r y A l u m i n u m P r o d u c t i o n M A C T S t a n d a r d s ( M a x i m u m A c h i e v a b l e C o n t r o l T e c h n o l o g y ) S t a n d a r d s . 2 . T h e o p e r a t i o n o f t h e a l u m i n u m s m e l t i n g f u r n a c e m u s t m e e t a l l a p p l i c a b l e s t a n d a r d s o f t h e / C l e a n A i r A c t a n d t h e F l o r i d a A i r P o l l u t i o n C o n t r o l l a w s a n d a l l a p p l i c a b l e F e d e r a l l a w s . 3 . T h e a l u m i n u m s m e l t i n g f u r n a c e m u s t b e l o c a t e d i n a w h o l l y e n c l o s e d b u i l d i n g , n o t i n a v a c a n t o r o p e n a r e a . T h i s c o n d i t i o n a l u s e m u s t b e r e v i e w e d e v e r y t w o ( 2 ) y e a r s f r o m t h e M a y o r a n d C i t y C o m m i s s i o n ' s d a t e o f a p p r o v a l . A f t e r t h e o r d i n a n c e w a s a d o p t e d b y t h e M a y o r a n d C i t y C o m m i s s i o n , t h e P l a n n i n g C o u n c i l m e t o n J u n e 2 8 , 2 0 1 1 a f t e r r e c e i v i n g a n a p p l i c a t i o n b y A l l J a p a n e s e E n g i n e s t o o p e r a t e a n a l u m i n u m s m e l t i n g o v e n . During that meeting the Planning Council heard from staff as well as the public and recommended that the aluminum smelting and refining use be approved as a conditional use. Additionally, the Planning Council had not received any business license information. In November 2011, City staff started a comprehensive review of business license history information to determine if All Japanese Engines, in fact, has a legal non - conforming use established on the subject property at 2300 NW 150th Street, Opa- locka, FL 33054. It appears the applicant does not have a grandfathered use for either the junk yard or scrap metal facility use. The All Japanese Engine request was returned to the Planning Council to obtain their recommendation in light of the substantial additional information. On February 7, 2012, this request was presented to the Planning Council to discuss formal review of the additional information in light of the previous approval. This request was formally reviewed on March 6, 2012 and the Planning Council recommended approval of the applicant's request to operate a smelting or refining operation as a conditional use subject to the conditions of Ordinance 11 -6. When the request to operate this oven was presented to the City Commission on June 13, 2012 the motion failed. The applicant said he was not informed of the hearing and did not have an opportunity to address any questions the City Commission may have had. Financial Impact: There are no perceived costs to the city for the approval of this use. This approval does however support the retention of an industrial business in the City of Opa- locka. Implementation Time Line: Immediately Legislative History: Ordinance No. 86 -8 Ordinance No. 11 -06 Resolution 12 -8419 Planning Council Recommendation: Planning Council recommends approval of this request to operate the aluminum smelting use subject to the conditions set forth in City Ordinance No. 11 -06. Staff Recommendation: Staff recommends approval of this item subject to the conditions set forth in City Ordinance No. 11 -06, provided that the applicant no longer operates a junk yard or scrap metal facility Attachment(s) Ordinance No. 11 -06 Resolution 12 -8419 Planning Council Meeting Minutes, June 28, 2011; March 6, 2012 Planning Council Application Staff Report Prepared By: Gregory Gay, Community Development Director Gerald Lee, Zoning Official Sponsored by: City Manager Resolution No. 12 -8419 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT CONDITIONAL USE FOR ALUMINIUM SMELTING OR REFINING OF METALS USE BY PROPERTY OWNER, ALL JAPANESE ENGINES HOLDINGS, TO OPERATE AN ALUMINUM - SMELTING OVEN, SUBJECT TO CONDITIONS STATED IN ORDINANCE NO 11- 06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in May 2011, the City Commission amended Ordinance 86 -8 to allow for conditional use for aluminum smelting and refining of metals use in I -2 Zoning District, on a conditional use basis, which must be reviewed every two (2) years for approval; and WHEREAS, Ordinance 11 -06 allows the operation of an aluminum smelting or refining of metals use in I -2; I -2A; and 1 -3 Zoning Districts, subject to the below conditions: I. The use of the aluminum- smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MALT Standards (Maximum Achievable Control Technology). 2. The operation of aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal and State laws. 3. The aluminum - smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. WHEREAS, The City Commission of the City of Opa -locka desires to approve conditional use for All Japanese Engines for aluminum smelting or refining of metals use in the 1 -2 Zoning District, subject to the conditions of City Ordinance 1 1 -06, and subject to being reviewed and renewed every two years by the City Commission. NOW, THEREFORE, HE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: SectiOD I- The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locks hereby grants conditional use for aluminum smelting or refining of metals use by property owner, All Japanese Engines Holdings, to Resolution No. 12 -8419 operate an aluminum - smelting oven in the I -2 Zoning District, located at 2300 NW 150'' Street, Opa- locks, subject to conditions stated in City Ordinance No 11 -06, which are: 1. The use of the aluminum - smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology). 2. The operation of aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal and State laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in a vacant or open area; and subject to review and renewal every two years by the City Commission. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND A00F4;SJ) this 13th day of June, 2012. MOTION FAII.EI) MY A TAY R MAYOR Rest to: Joanna Flores Interim City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes Commissioner Miller: Commissioner Tydus: Vice -Mayor Johnson: Mayor Taylor: 9440099 v Approved as VICE MAYOR JOHNSON COMMISSIONER MILLER 3 -2 YES NO NO NO YES Joseph S. Geller City Attorney Sponsored by: City Manager Resolution No. 12-841 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT CONDITIONAL USE FOR ALUMINIUM SMELTING OR REFINING OF METALS USE BY PROPERTY OWNER, ALL JAPANESE ENGINES HOLDINGS, TO OPERATE AN ALUMINUM - SMELTING OVEN, SUBJECT TO CONDITIONS STATED IN ORDINANCE NO 11- 06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, in May 2011, the City Commission amended Ordinance 86 -8 to allow for conditional use for aluminum smelting and refining of metals use in I -2 Zoning District, on a conditional use basis, which must be reviewed every two (2) years for approval; and WHEREAS, Ordinance 11 -06 allows the operation of an aluminum smelting or refining of metals use in I -2; I -2A; and 1 -3 Zoning Districts, subject to the below conditions: I. The use of the aluminum- smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MALT Standards (Maximum Achievable Control Technology). 2. The operation of aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal and State laws. 3. The aluminum - smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. WHEREAS, The City Commission of the City of Opa -locka desires to approve conditional use for All Japanese Engines for aluminum smelting or refining of metals use in the I -2 Zoning District, subject to the conditions of City Ordinance 11-06, and subject to being reviewed and renewed every two years by the City Commission. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section I. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby grants conditional use for aluminum smelting or refining of metals use by property owner, All Japanese Engines Holdings, to Resolution No. 12 -8419 operate an aluminum- smelting oven in the I -2 Zoning District, located at 2300 NW 15& Street, Opa- locka, subject to conditions stated in City Ordinance No 11-06, which are: 1. The use of the aluminum- smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology). 2. The operation of aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal and State laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in a vacant or open area; and subject to review and renewal every two years by the City Commission. Section 3. This resolution shall take effect inunediately upon adoption. this 13'h day of June, 2012. MOTION FAILED MY RA TAY R MAYOR tEest to: Joanna Flores Interim City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Miller: Commissioner Tydus: Vice -Mayor Johnson: Mayor Taylor: 9440099 v t Approved as t4 form and legal suffWi� VICE MAYOR JOHNSON COMMISSIONER MILLER 3 -2 YES NO NO NO YES Joseph S. Geller City Attorney 1" Reading: 2nd Reading: Public Hearing: Adopted: Effective Date: Sponsored by : April 13, 2011 May 11, 2011 May 11, 2011 May 11, 2011 May 11, 2011 City Manager ORDINANCE NO. 11 -06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA AMENDING ORDINANCE 86 -8, THE LAND DEVELOPMENT CODE, TO INCLUDE ALUMINUM SMELTING OR REFINING OF METALS AS A CONDITIONAL USE IN THE I -2; I -2A; AND I -3 INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Planning Council of the City of Opa -locka has recommended amending Ordinance 86 -8, the Land Development Code; and WHEREAS, the Planning Council recommended amending Zoning Ordinance 86 -8, sections 6.11 (B), 6.11A (B), and 6.12 (B), to allow aluminum smelting as a conditional use in the I -2; I -2A and I -3 zoning districts respectively; and WHEREAS, the Planning Council's recommendation promotes identification of areas where Aluminum Smelting becomes a conditional use in heavy industrial operations areas without creating hazards to the general public or interfering with neighboring uses; and permitting this use will encourage better designed heavy industrial uses; and WHEREAS, the Planning Council recommends that the following conditions be imposed for this conditional use: (1)The use of the aluminum smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology) Standards. (2) The operation of the aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. (3) The aluminum smelting furnace must be located in a wholly enclosed building, not in any vacant or open area. (4) The use is approved by the City Commission as a conditional use. Ordinance No. 11 -06 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby amends Zoning Ordinance 86 -8 to include Aluminum Smelting as a conditional use in I -2, I -2A and I -3 zoning districts, subject to the following conditions: 1. The use of the aluminum smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology) Standards. 2. The operation of the aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in any vacant or open area. 4. The use is approved by the City Commission as a conditional use. Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed. Section 4. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall be codified in the Code of Ordinances when the code is recodified. Section 6. This Ordinance shall, upon adoption, become effective as specified by the City of Opa -locka Charter and Code of Ordinances. PASSED AND ADOPTED this 11`h day of MU, 20U M RA's LOR MAYOR Ordinance No. 11 -06 Attes� J)eborah S. Irby City Clerk Moved by: Seconded by: Commission Vote COMMISSIONER Approved as to form and legal sufficiency: COMMISSIONER MILLER 5 -0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice -Mayor Johnson: YES Mayor Taylor: YES 5173684 v1 Vice Mayor Johnson asked, does the city owe Mr. Wright any money? Attorney Geller replied yes, but the city would not have owed him any other money unless he was engaged; however they limited on this project on the theory that any other projects that might go out should go out separately. Vice Mayor Johnson said Phase 1 Scope of Work indicates change order review, monitor all schedules and activities and she assume it was agreed upon with the previous City Manager. Does this cover the change order that was previously discussed? Manager Finnie said he believes it refers to change orders from a generic stand point. Vice Mayor Johnson asked Mr. Fiume if the change order he's referring to out of the scope of Mr. Wright's service period. Manager Finnie replied, yes. He further said he did not want to pay Mr. Wright and he tried to find ways to move forward without his services, but he realized he could not move forward. Vice Mayor Johnson said they have promised the citizens that the building will be opened in March, then July, then November. The city needs closure and move forward to have the building open. She further directed the City Attorney to bring back a resolution for the July Commission for a in- house City Attorney. There being no further discussion, the motion passed by a 3 -2 vote. Commissioner Miller Yes Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor No 9. (19 -9) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT CONDITIONAL USE FOR ALUMINUM SMELTING OR REFINING OF METALS USE BY PROPERTY OWNER, ALL JAPANESE ENGINES HOLDINGS, TO OPERATE AN ALUMINUM SMELTING OVEN, SUBJECT TO CONDITIONS STATED IN ORDINANCE NO. 11 -06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the City Manager The above resolution was read by title by Attorney Geller. It was moved by Vice Mayor Johnson, seconded by Commissioner Miller to pass the above resolution. City Commission Meeting Minutes - 06/13/2012 age 14 Vice Mayor Johnson expressed her concerns as to the comments that were made by the company in the Planning Council minutes. In her professional opinion it appears that some of the things that were stated they wanted the Planning Council to go back to institutional knowledge and for staff to speak to former commissioners. She asked, what has been done to correct the situation? Manager Finnie said there were a number of concerns expressed by the Planning Council and once it goes to the Planning Council they are mandated to bring it forth with their recommendations. In speaking to the City Attorney he mentioned that he informed the Planning Council that they can not issue a ruling on the land use change, but they can look at the smelting to make a decision. They made a positive decision on the smelting and that's what has been brought before the commission. They will still need to deal with the land use issue that's affecting this company. They are currently zoned in the I -2 zone and they are eligible to move forward and use the smelter at that location. Vice Mayor Johnson said she served on the Planning Council and she is concerned when it relates to environment and land use. Manager Finnie said staff makes reference to the requirements from EPA, Clean Air Act and Florida Pollution Laws. Everything they ask for the Planning Council to approve is contingent .upon the applicant meeting the standards. The applicant still has to get final approval from the State of Florida. Vice Mayor Johnson said staff needs to do their homework to make sure everything is incorporated in the documents. Manager Finnie said the application was submitted and it has to be processed by law. In order for the applicant to get a permit to use the equipment they will have to come back with all the State approvals. Commissioner Holmes said after reviewing the Planning Council minutes he noticed they voted 4 -0 to approve the item. He recalls the Community Development Department requesting additional requirements of the applicant and the applicant agreed to do whatever the city requested of them. Manager Finnie said there are two aspects of this program. The first being the smelter and second being the land use issue. The smelter that is in question has been approved by DERM. The Planning Council approved the use of that equipment; they have not approved the land use issue, which is the most significant issue. After speaking with the City Attorney he was advised that the Land Use issue has to be dealt with separately. He further mentioned that the applicant has verbally agreed to bring down the storage of metal on the site. They are in discussion as to how soon that process can occur. He is also asking for a land use change and staff is not prepared to recommend it at this time until they have done further research. City Commission Meeting Minutes - 06/13/2012 Page 15 Commissioner Holmes asked, did the applicant provide staff a list of things they requested from them that was agreed upon? Manager Finnie said they have a list of things that were discussed and they are comfortable with it, but they have to let the City Attorney review it. Commissioner Holmes said that should have happened before the item came before the commission. He further said the applicant has been before the planning council on several occasions and paid the required application fees to get the item approved. There being no further discussion, the motion failed by a 3 -2 vote. Vice Mayor Johnson No Commissioner Holmes Yes Commissioner Tydus No Commissioner Miller No Mayor Taylor Yes Vice Mayor Johnson and Mayor Taylor suggested that staff waive the fees should the applicant have to come back. 10. (19 -10) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY ATTORNEY'S OFFICE TO REPRESENT THE CITY OF OPA -LOCKA IN THE LITIGATION OF DANRON MANAGEMENT, INC., VS CITY OF OPA- LOCKA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by the City Attorney The above resolution was read by title by Attorney Geller. It was moved by Commissioner Miller, seconded by Vice Mayor Johnson to pass the above resolution. Attorney Geller informed the City Commission that Danron Management sued the city and sought an emergency injunction to allow them to conduct a paint and body shop in the I2 zoning district when the city code only permits it in the I -2A or I -3 zone and he's trying to defend the law suit against the city. Commissioner Miller asked, where was the Community Development staff when this item came up? Attorney Geller said Community Development rejected it and the company sued the city. Commissioner Miller wants to know how the company can sue the city when the company is not in the correct zone. --------- City Commission Meeting Minutes - 06/13/2012 Page 16 City of Opa -Locka Agenda Cover Memo Commission Meeting Date: April 11, 2012 Item 'Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: (EnterX in box) Yes No Ordinance Reading: (EnterX in box) 1St Reading 2nd Readin N/A X Public Bearing: (EnterX in box) Yes No Yes No X X Funding Source: N/A (Enter Fund & Dept) N/A Advertising Requirement: (EnterX in box) Yes No X Contract /P.O. Required: �nter X in box) Yes No RFP /RFQ /Bid #: N/A X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Area: Enhance Organizational 0 Bus. & Economic Dev Public Safety Q Quality of Education 0 Qual. of Life & City Image p Communcation Strategic Plan Obl. /Strategy: N/A X Sponsor Name City Manager Department: City Manager's Office Short Title: A resolution of the City Commission to grant a conditional use for aluminum smelting or refining of metals use by the property owner, All Japanese Engines. Staff Summary: On May 11, 2011, the Mayor and City Commission amended City Ordinance No. 86 -8, which provided for aluminum smelting and refining of metals use in the 1 -2 zoning district as a conditional use. Ordinance 11 -06 authorizes the operation of an aluminum smelting or refining of metals use in 1 -2; 1 -2A; and 1 -3 zoning districts subject to the following conditions: 1. The use of the aluminum - smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology Standards). 2. The operation of the aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. 3. The aluminum - smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. 4. This conditional use must be reviewed every two (2) years from the Mayor and City Commission' date of approval. The Planning Council met on June 28, 2011 after receiving an application by All Japanese Engines to operate an aluminum- smelting oven. During that meeting, the Planning Council hear( from staff as well as the public and recommended that the aluminum smelting and refining use be approved as a conditional use. The Planning Council had not received any business license information. In November 2011, City staff started a comprehensive review of business license history information to determine if All Japanese Enggines, in fact, had a legal non - conforming use established on the subject propert, at 2300 NW 150 Street, Opa- locka, FL 33054. Research revealed that the applicant does not have a grandfathered use for either junkyard or for scrap metal facility usage. All Japanese Engines request was returned to the Planning Council to obtain their recommendation in light of the erroneous information they previously received; that their operation was a legally non conforming. On February 7, 2012, the license history information was presented to the Planning Council to discuss scheduling a formal review of the applicant's request with the knowledge of this information. This request was formally reviewed on March 6, 2012. Mr. Brown stated that staff recommended approval of the request in accordance with Ordinance 11 -06, provided that the applicant no longer operate a junkyard or scrap metal facility. The Planning Council was concerned about the recommended approval of the applicant's request and asked for the Assistant City Attorney's legal advice. Attorney Rodriguez declared that the matter deliberated should only be the application for a conditional use permit to use an aluminum smelting furnace. According to Rodriguez, an aluminum smelting furnace is permitted as a conditional use on the said property. The problem is that current use of the property (salvage and junkyard) is inconsistent with the underlying zoning code. Tying one approved use to another goes beyond the scope of the application. If the applicant met the criteria under the code, then that will be the information to decide upon. If the activities on the site are inconsistent with the current underlying zoning of the property, the applicant will proceed at his own risk for potential enforcement action on the part of the City for operating on a site that is inconsistent with the zoning code. The granting of occupational licenses is not a guarantee of zoning approval. Occupational licenses are taxes paid to the city. The receipt of an occupational license does not imply automatic zoning approval for the use on the property. The Planning Council recommended approval of the applicant's request to operate a smelting or refining operation as a conditional use subject to the conditions of Ordinance 11 -06. Proposed Action: Statt Recommends Approval of this request subject to the conditions of Ordinance 11 -6, provided that the applicant no longer operates a junkyard or scrap metal facility. Attachment: Ordinance 11 -6 Planning Council Meeting Minutes, June 28, 2011; March 6, 2012; Planning Council Application Staff Report OPp•�oo \.� �► 9 - -- 9N COgpORA't8� TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice Mayor Timothy Holmes, Commissioner Rose Tydus, Commissioner Gail Miller, Commissioner FROM: Bryan Finnie, DATE: March RE: Request from All Japanese Engines Holding, applicant and property owner, for conditional use in the 1 -2 (liberal industrial) zoning district to allow an aluminum smelting or refining of metals use. The subject property is located at 2300 NW 150th Street, Opa- locka, FL specifically described by Folio No. 08- 2122 -025 -0110 and contains 33,581 square feet. Request: A resolution of the City Commission to grant a conditional use for aluminum smelting or refining of metals use by the property owner, All Japanese Engines Holding, to operate an aluminum smelting oven subject to conditions stated in ordinance No. 11 -06; providing for incorporation of recitals; providing for an effective date. Chronology; ® The Toyota Supermarket Corporation established a salvage and junk yard for the dismantling and sales of used auto parts business on May 27, 1997 at 14985 NW 22nd Court, Opa- locks, Florida, not at the above - subject property. The Toyota Supermarket Corporation's name was changed to All Japanese Engines on January 29, 2002. All Japanese was licensed exactly as Toyota Supermarket Corporation to operate a salvage and junk yard — dismantling and sales used auto parts. In August 26, 2004, All Japanese moved to 2300 NW 150th Street, Opa- locka, FL 33054. ® On December 12, 2009, metal recycling was added to the business license (this use is not allowed under this particular zoning district and was erroneously added to the license application). The applicant contends he has actively operated a lawful auto salvage junk yard since 1989 from 2300 NW 150th Street, Opa- locka, Florida. City business license and zoning records do not show this to be the case. After a careful examination of business license records and city zoning regulations regarding this matter, the applicant does not have a vested right to operate a metal recycling operation or junk yard. Consequently, the subject property is located in the 1 -2 zoning district which does not permit the operation of a junk yard or scrap metal facilities. In order for a junk yard or a scrap metal facility to lawfully occur onsite, the uses would have to been legally established prior to 1986 preferably evidenced by a business license or certificate of occupancy. Description: Scrap metal facilities and junk yard uses are not permitted in the 1 -2 (liberal industrial) zoning district. Rezoning of the subject property requires rezoning to the I -2A (liberal industrial) zoning district to operate a metal recycling or junk yard use. Scrap metal facilities and junkyards are not permitted in the 1 -2 zoning district. Should a smelting or refining of metals use be granted by the Mayor and City Commission, scrap metal facilities and junk yards, similar to what you may see off 135th Street and Cairo Lane is not permitted unless the property is rezoned to the I -2A zoning district. On May 11, 2011, the Mayor and City Commission amended City Ordinance No. 86 -8 which provided for aluminum smelting and refining of metals use in the 1 -2 zoning district as a conditional use. Ordinance 11 -06 authorizes the operation of an aluminum smelting or refining of metals use in 1 -2; 1 -2A; and 1 -3 zoning districts subject to the following conditions: 1. The use of the aluminum smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology) Standards. 2. The operation of the aluminum smelting furnace must meet all applicable standards of the /Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. This conditional use must be reviewed every two (2) years from the Mayor and City Commission's date of approval. After the ordinance was adopted by the Mayor and City Commission, the Planning Council met on June 28, 2011 after receiving an application by All Japanese Engines to operate an aluminum smelting oven. During that meeting the Planning Council heard from staff as well as the public and recommended that the aluminum smelting and refining use be approved as a conditional use. Additionally, the Planning Council had not received any business license information. In November 2011, City staff started a comprehensive review of business license history information to determine if All Japanese Engines, in fact, has a legal non - conforming use established on the subject property at 2300 NW 150th Street, Opa- locka, FL 33054. It appears the applicant does not have a grandfathered use for either the junk yard or scrap metal facility use. The All Japanese Engine request was returned to the Planning Council to obtain their recommendation in light of the substantial additional information. On February 7, 2012, this request was presented to the Planning Council to discuss formal review of the additional information in light of the previous approval. This request was formally reviewed on March 6, 2012 and the Planning Council recommended approval of the applicant's request to operate a smelting or refining operation as a conditional use subject to the conditions of Ordinance 11 -6. Financial Impact: There are no perceived costs to the city for the approval of this use. This approval does however support the retention of an industrial business in the City of Opa- locka. Implementation Time Line: Immediately Legislative History: Ordinance No. 86 -8 Ordinance No. 11 -06 Planning Council Recommendation: Planning Council recommends approval of this request to operate the aluminum smelting use subject to the conditions set forth in City Ordinance No. 11 -06. Staff Recommendation: Staff recommends approval of this item subject to the conditions set forth in City Ordinance No. 11 -06, provided that the applicant no longer operates a junk yard or scrap metal facility Attachment(s) Ordinance No. 11 -06 Planning Council Meeting Minutes, June 28, 2011; March 6, 2012 Planning Council Application Staff Report Prepared By: Howard W. Brown, Jr., Community Development Director Gerald Lee, City Planner MINUTES PLANNING COUNCIL MEETING TUESDAY, MARCH 6, 2012 I ROLL CALL: Planning Council Meeting began after the workshop commenced. Planning Council meeting officially began at 7:01pm. Members in attendance were Chairmen Russell, Joseph J. Kelly, Elio Guerrero, and Lillie Odom. Also present were City Attorney Michael Rodriguez, Community Development Director Howard W. Brown, Jr. and Planner Gerald J. Lee. II INVOCATION AND PLEDGE: Was stated during workshop III APPROVAL OF MINUTES: February 7, 2012 Upon roll call the minutes passed 4 -0. Elio Guerrero - Yes Joseph Kelley - Yes Calvin Russell - Yes Lillie -Odom - Yes Planning Council Minutes 03/6/2012 Page 1 of 13 IV. PUBLIC HEARINGS: 1. ALL JAPANESE ENGINES. 2300 NW 150TH STREET, OPA -LOCKA FL 33054; E 192.65 FT OF LOT 1, BLOCK 2 PER W/P # 23000, PB77 -73, LOT SIZE 33581 SQ FT; FOLIO# 0821220250110 REQUEST: CONDITIONAL USE PERMIT TO USE AN ALUMINUM SMELTING FURNACE Mr. Brown recommended that panel approve for Mr. Charles Nunez's All Japanese Engines. He agrees with the request for the conditional use permit for an aluminum smelting furnace. He does not support the approval for the applicant to operate a junkyard or an auto salvage business. Councilman Joseph Kelly states that we should carry out the public hearing first before we do the staff recommendations. Chairman Calvin Russell agrees and asks the audience if anyone representing All Japanese Engines is present? Mr. Charles Nunez responds that he is the applicant and proceeds with his testimony. Nunez states that he doesn't know why he's back before the planning council. He explains that this issue should have been resolved back in October of 2011. He was not permitted to go before the Commission and doesn't understand why this is an issue considering the planning council previously approved the application. He feels the City Clerk dropped the ball in terms of notification. He stands before the council regarding the same issue(s) with regards to All Japanese Engines. Chairman Russell explains that his understanding is that Nunez came back before the planning council due to miscommunication of information. There was a discrepancy with regards to the conditional permit usage versus business activities taking place on the site that are not permissible. Nunez states that he's conducted business in Opa -locka since 1990. He's used the 14900 NW 22nd Avenue location and would have been pleased if Councilman Barrett were here to verify what he's saying. Councilman Kelly reiterated that Councilman Barrett was not present for tonight's meeting and Nunez continued onward. Nunez tells the panel that Councilman Barrett was on the Commission when his license was issued to him back in 1990. Robert B. Ingram apparently was the individual who issued him the license. In 1993, Dan Ron notified Nunez that there were going to demolish 14995 NW 22nd Planning Council Minutes 03/6/2012 Page 2 of 13 Court because the city considered the property to be a hazard. The building was filled with homeless people illegally occupying the facility. He purchased the 14995 NW 22nd Court property and was allegedly told by Tate that he could move his license from the 14900 NW 22nd Avenue location to the 14995 22' Court. In 2001, Nunez purchased 2300 NW 150x' Street. This property he states was also a "nuisance property" which suffered the same fate as the 14995 NW 22nd Court location. The homeless occupied the boats and trailers located on 2300 NW 150a' Street. Nunez claims that he went before Tate and told him that the only way he'd erect a 10,000 sq. ft. building on the 'h acre lot (and spend $700,000 USD in doing so) was that if his license would be transferred from 22nd Court to the 2300 NW 150a' Street location. He claims this was agreed to by Tate and himself. The acre in question he's used since 2001. However, Nunez has been conducting business in Opa- Locka since 1990. Nunez claims that he's been a big contributor to that part of Opa- Locka by keeping it clean. He states he's the one who cleared the empty lot and made it what it is today. Nunez claims he's the responsible party who cleared that lot from loiterers and feels that he's the one who has been wronged. He wished he could have Alfonso Tate or someone from the old board who can vouch for him. Nunez then goes further to describe his civic contribution(s) to the city. An example is when Alfonso Tate asked him to donate money to help buy bicycles for the children in the city. Before he could finish, Chairman Russell stated that the meeting taking place doesn't necessarily have to do with his civic contributions to the city. Nunez retorted that it has everything to do with the meeting because it shows that he is a major supporter and contributor to Opa- Locka. Chairman Russell addressed Nunez and the board. He stated that the last time the board met up, they called themselves "grandfathering" Nunez in. The board approved his application which was forwarded later to the Council. The Commission felt that his application needed to be reviewed further by the board and sent the application back instead of voting it down. The board decided to look into Nunez's recycling proposal and compare it to the junkyard and salvaging operation. Chairman Russell stated that Nunez was not able to partake in those activities on the current parcel he holds. The Community Development and Planning department stated that even if they approved the recycling, the junkyard and the scrap will NOT be included because he is not properly zoned to do that in that facility. Chairman Russell believes that because Nunez purchased an undesirable property, took on the task of cleaning it up; Nunez now thinks that it gives him the exclusive right to establish businesses(s) on the parcel, which may or may not be permissible. Mr. Nunez responds by saying that he has inherited his fathe'r's problem and this issue should have been dealt with many years ago. He does not want his children to inherit this problem. This is why he is willing to fix the situation. Nunez stated earlier that he should have been heard before Commission back in October. The city clerk dropped the ball because she failed to advertise it. Nunez feels he should have had a chance speak to the Commission. He claims he's Planning Council Minutes 03/6/2012 Page 3 of 13 been going through this ordeal since July. He recalls that he applied for an I -2A in July. Nunez declared that If the I -2A was going was to be such a problem, he would have never even applied for the license (I -2A is a license that permits one to become a legal salvage operation). He spent monies to appear before the board for both the smelting use permit and the I -2A. He claims he was approved from the board and does not understand the issues presented to him because he feels he has met the criteria required of him. Nunez also points out that he has not even moved a block from where he was originally issued the license. He's within 200 ft. of where the license issued. Chairman Russell asks if Nunez has his licenses at this time. Nunez states that both the scrap metal the junkyard license was issued to him by Robert Ingram. Nunez explains that he has tried everything. He has invested his entire life savings into that property and he uses the parcel for what it was designed for. He does not specifically state what that use is. He also claims that his business is more legal than the those in the I -2A area. (Cairo Lane). Nunez says that whole area is illegal because you cannot operate a scrap yard or junkyard on a septic tank. All of the properties on Cairo Lane are on septic tanks. He claims he has monitoring wells, and adequate sewer. In fact he has more than what he needs to be in business. Chairman Russell suggests that Nunez stick to the order of discussion which is his application to obtain a conditional use permit. He claims that Nunez is being sidetracked with what other businesses are doing in the area, which does not specifically pertain to his situation. He offered the floor to anyone else who has any questions or concerns before he concludes the hearing. Councilman Kelly said that he'd wait until the public hearing because the public has the right to speak after they've finished. The panel had no other questions so Member Kelly thanked Nunez for his participation and concluded the hearing. Public Hearing For or Against No Response Public Hearing Closed Member Kelly says the contents of the packet include staff recommendation for approval of All Japanese Engines. However, that approval is contingent based upon certain criteria. The criteria goes to the fact the application was erroneous for various reasons. According to the applicant, his application went before the Commission and was sent back to the Planning Council. Member Kelly's biggest question addressed to the Chair, staff, or attorney was how come the Council sent back the application to the Planning Council if they already received the recommendations with contingencies? Planning Council Minutes 03/6/2012 Page 4 of 13 Mr. Brown explained that the City Commission meeting had more detailed information presented to them, which the Planning Council did not receive. The numerous licenses presented at the City Commission were not presented before the Planning Council. When the application went before the planning council; Community Development and Planning recommended the approval to operate the smelting oven because it was consistent with the ordinance adopted by the Mayor and the Commission. We are still recommending approval of the aluminum smelting oven in that zoning district. We want to make sure that the planning council understands everything stated in your packets. Although we did not have all of the information when it was first approved, we still recommend the approval of the applicant, All Japanese Engines, provided that the applicant no longer operates a junkyard. Member Kelly responds that if he is hearing correctly, Nunez is still operating a junkyard. Mr. Brown replied that he met with Mr. Nunez in our office. Nunez stated that he could operate an aluminum smelting oven and not violate by being a scrap metal or junkyard facility. Member Kelly says that he cannot go by the conversation that he and Nunez had alone. He retorted that the CDP recommended approval contingent on these issues being addressed. He can do the smelting; however, the Commission sent it back because they had information that the planning council didn't which has been presented to us now (in terms of licensure). Member Kelly stated that he still didn't understand why the Commission didn't vote up or down and passed the information back to the council because the facts didn't change just more information was presented. Mr. Brown responded that it was at the recommendation of the manager that the Planning Council take another look at the application (in light of the other facts presented). Any discussions now will be based on all facts presented therefore a final decision can be determined. Mr. Brown explained the steps of how the CDP operates. When people submit applications, it's their practice not to enforce things against them until they get a final resolution from the Commission. Mr. Nunez is still in the process with the Planning Council and the Commission. Councilman Kelly asks if the council sent their approval, why did it come back. Chairman Russell elaborated further that our approval was contingent upon the assumption that we could grandfather Nunez in the rezoning. Unfortunately he was right outside the box, so we attempted to open that channel to grandfather him in. It's not his fault, but apparently we didn't have the proper information. Chairman Russell felt he did not have enough understanding to take the advice of the recommendation and approve it. Planning Council Minutes 03/6/2012 Page 5 of 13 Member Kelly reiterates what Chairman Russell said regarding the "grandfathering concept" and the inability to grandfather him in due to the property being outside of the boundaries. Member Kelly asks the Attorney Michael Rodriguez if it is possible to grandfather Nunez considering the previous attempts failed. Attorney Rodriguez declared that the matter deliberated today should only be the application for a conditional use permit to use an aluminum smelting furnace. An aluminum smelting furnace is permitted as a conditional use on the said property. The problem is that the current usage of the property (salvage and junkyard) is inconsistent with the underlying zoning code. Tying one approved use to another is going beyond the scope of the application. If the applicant meets the criteria under the code, then that will be the information to decide upon. However, if the activities on the site are inconsistent with the current underlying zoning of the property, the applicant will proceed at his own risk for potential enforcement action on the part of the City for operating on a site that is inconsistent with the zoning code. The granting of occupational licenses is not a guarantee of zoning approval. Occupational licenses are taxes paid to the city. The receipt of an occupational license does not imply automatic zoning approval for the use on the property. Councilman Elio Guerrero asks if the Board already approved the specific request Rodriguez responds that the Council is attempting to correlate two unrelated aspects together with regards to the usage. The granting of a conditional use permit for smelting does not make it permissible for the licensee to use that same permit for salvage /junkyard usage. The usage must be consistent with the permit and the zoning code. If the usage is inconsistent with the zoning code and the ordinances currently on the books, the applicant will risk enforcement action. Chairman Russell asks the attorney if board has in fact unknowingly made accommodations for Nunez to operate in the zoning area for which he shouldn't be operating in. The attorney repeated that the application that's before the council is for a consideration of a conditional use permit for aluminum smelting. That is what the council is reviewing and that is what the council will be making their recommendations on. Rodriguez went to further explain that a permitted use subject to meeting certain objective conditions which are met in the code. If one meets the conditions listed, then they can proceed to that use. Chairman Russell asked for further clarification if the council could have grandfathered Nunez in. Mr. Brown addressed the question and explains that Nunez is in the right zone to operate an aluminum smelting oven. The other uses of scrap metal and junk yard usage are a separate issue that cannot be considered by the board at this time. Therefore, the recommendation should solely be based on the conditions of the aluminum smelting oven. Planning Council Minutes 03/6/2012 Page 6 of 13 Rodriguez states that the council could treat each issue separately. The panel could grant a conditional use approval. If the applicant down the road decides he wants to create a separate use that is not permitted, he can attempt to and suffer the consequences of enforcement action. However that doesn't revoke the permitted use he's currently been issued. So if the application is solely restricted to the conditional use permit for aluminum smelting (which is permitted on that zoning district on said parcel), the applicant will be subject to meeting specific conditions in which he's already met. Chairman Russell asks why the application came back to us. Is it because we didn't have proper information? Mr. Brown responds that his statement is correct. Chairman Russell comments that the Council's decision was based on improper information. Given that we gave the approval, the application should go forward to the Council so they can deal with it. There is nothing for us to vote on because we already gave an approval. Member Kelly agrees with Guerrero's previous statement. The council already gave answer to the Commission and followed through with protocol. Attorney Rodriguez states that council should consider if the application meets the criteria presented in the code for the conditional use for an aluminum smelting furnace. Rodriguez states that when it comes to conditional uses, one cannot use subjective information to come up with a decision. There are specified conditions that need to be met for approval. If the Council is attempting to state there is something else besides the operation of the aluminum smelting furnace, then that issue will be address when further evidence is provided. Until then, the council needs to rule according to what is specified in the application and grant a conditional use permit based on the objective criteria according to the code. Extraneous issues will be addressed with a warning to the applicant. He will be forewarned that if he proceeds with usage not outlined by the permit issued to him, disciplinary action will be enforced by the city. Councilman Kelly deliberates with the panel if the application fits the criteria. Kelly emphasized the term "extraneous" with regard to the application but agrees that the council can only make a proper assessment based solely on the application. He states that everything is said is on record (being that minutes are notated) so the Council can refer to that to address any questions or concerns. Councilman Kelly suggested to the council to leave the "extraneous" part out their decision making process and let the Council decide on how they would like handle the situation. Mr. Lee surmises that it is important to do what's fair and correct based on the merits of the conditional use permit. How would like to proceed Member Kelly? Make a motion to proceed with the Member Elio Guerro Planning Council Minutes 03/6/2012 Page 7 of 13 Councilman Kelly stated it is important to approach staff and management to make sure what the council is recommending. They need to make the decision we are voting on what's before us in terms of the specific item. They can address it anywhere they want. End of discuss Upon roll call, the motion passed 4 -0 Member Lillie Odom- Yes Member Joseph Kelly- Yes Member Elio Guerrero- Yes Chairman Russell- Yes 2. O & E EAST COAST INVESTMENTS, LCC. 2527 OPA -LOCKA BOULEVARD, OPA- LOCKA, FL 33054; LOTS 24 & 25, BLOCK 151, COMMUNITY GARDENS, PB 31 -5, LOT SIZE 14,148 SQ FT; FOLIO #0821220110420; ZONED B -1 REQUEST: CITY COUNCIL APPROVAL TO OPERATE A CHILD CARE ACADEMY Attorney Rodriguez began with introducing of the second application for consideration which is OE East Coast Investments, LLC. Applicant name is AXIA Serra/ Little Ones Academy Corporation. Address is 2527 Opa -Locka Boulevard, Opa- Locka, FL 33054. The request is to operate a child care facility. Chairman Russell asks if the applicant for the project was present. Applicant replied yes. Applicant states that she's been attempting to open up a child care facility since June of 2011. She also explains that if the panel has any questions or concerns, they can refer to the site plan and other documentation submitted. Chairman Russell stated that he reviewed all of her documentation, including the letter she wrote. Chairman Russell feels that this is another situation where the council out of courtesy, gave an applicant the benefit of the doubt and proceeded with a conditional approval upon applicant presenting to the City Commission a site plan. The applicant went before the Council and did not have a plan outlined. She was sent back to the Planning Council for review and still didn't provide illustrated site plans. This is another example of where an applicant does not adhere to the recommendations set forth by the planning council. Chairman Russell stated that the council voted her down during her second hearing because she did not meet all the prerequisites necessary to proceed. Russell's advice was to let the applicant take her chances and go before Commission for review. They will decide to vote her up or down based on the Planning Council Minutes 03/6/2012 Page 8 of 13 information provided. Chairman Russell feels that the Planning Council is indecisive with regards to their decision making process. Applicant stated she didn't have the opportunity to go before the Council because that she wasn't notified with regards to the appointment. Mr. Brown said she wasn't given notice of the City Council meeting. Mr. Brown wasn't able to verify the scheduled City Council meeting appointment with the clerk's office. Chairman Russell asked when the applicant was informed that she would go before to the planning council once again, she wasn't informed that she would need have to have the site plan. Applicant appeared before the board a second time without a site plan, however provided all the reasons why she should be approved. Chairman Russell thinks board members need to stand behind their decision. Chairman Russell is standing behind his vote. He states that it doesn't stop her from going before the Commission. Attorney Rodriguez responded that this situation differs slightly from the previous case. What occurred was the applicant was given the approval provided site plans be presented to the City Commission. She was to present a site plan to staff as part of her package to meet the parking requirements. When she arrived to the City Commission, (Rodriguez noted he was the presiding attorney that night), the site plan was not there. The only stipulation that the applicant needed to meet was her completion of a site pan to present to the City Commission. The Commission as a courtesy sent the case back to the planning council so the planning council would review her application and verify her plans were consistent with the code. When the case was heard again by council, the applicant failed to present a plan. Based upon that information, the council recommended that her application go before the Commission with a recommendation of a denial. The applicant filed a motion to rehear the case and therefore resubmitted her application. Attorney Rodriguez asked if the application was complete. Mr. Brown stated yes. Attorney Rodriguez continued, stating that if the application was complete with an inclusive site plan attached, a recommendation of approval should be rendered and her case moved forward to the city Commission. Councilman Elio Guerreo asked if the parking space issue was resolved. He wanted to know how many spaces were allocated to her business. Mr. Brown stated the parking space issue has been resolved. Chairman Russell went ahead and looked at the parking spaces and noted that there were only 5 spaces. He states that those spaces are not specifically designated for her business. The adjacent property is attempting to lease retail space; therefore, they will also utilize those spaces as well. He said the 5 parking spaces outlined spaces cannot be reserved for her plan. Attorney Rodriguez asks what the minimum parking requirements for this use are. Mr. Brown states that he believes it is 8 parking spaces. Attorney Rodriguez states that when you have an issue such as shopping center, the requirements are that sufficient parking spaces need to exist throughout the lot. Spaces do not have to be specifically assigned to each business. All the business has to ensure is that there is enough parking to go around for Planning Council Minutes 03/6/2012 Page 9 of 13 everyone. Staff is saying if they meet the minimum threshold, council should consider what is before them. Mr. Brown noted that during the last planning council meeting, the applicant requested a reconsideration of the matter. Chairman Russell stated that because they were going to rehear Japanese Engines, the council agreed that they could hear her case again in order to be fair. Mr. Brown stated that the applicant indicated that she didn't not want to proceed to the City Commission without an approval from the board. Chairman Russell replied that she was initially given an approval but was sent back because she did not comply with the instructions given. Chairman Russell respects and understands what the attorney and the staff is saying, however this is the third and fourth time the matter is going around. Chairman Russell asserts that it is responsibility for the applicants to meet all prerequisites before presenting the case to the Planning Council or the City Commission. Chairman Russell asks to give Motion on the Floor. Member Elio Guerrero agrees with Russell, however after hearing the recommendation of the attorney and staff, he's going to make a Motion to Approve. Upon roll call, the motion passed 3 -0. Member Lille Odom- Yes Member Elio Guerro- Yes Chairman Calvin Russell- Yes Planning Council Minutes 03/6/2012 Page 10 of 13 3. CITY OF OPA -LOCKA COMMUNITY DEVELOPMENT DEPARTMENT 780 FISHERMAN STREET, 4' FLOOR, OPA- LOCKA, FL 33054 REQUEST: THE FOLLOWING AMENDMENTS TO THE CITY ORDINANCE 86 -8 (LAND DEVELOPMENT CODE): a. CONSIDER AN ORDINANCE CREATING A TRANSIT ORIENTED DEVELOPMENT OVERLAY DISTRICT AT CITY CENTER b. CONSIDER AN ORDINANCE THAT ALLOWS THE TRANSFER OF DEVELOPMMTN RIGHTS Attorney addressed the third item on the agenda as the application of the City of Opa- locka's Community Development Department. The City is filing a request to amend the city ordinance 86.8 of the Land Development Code. The item to be presented is the consideration of an ordinance creating a Transit Oriented Development Orderly District at city center. Chairman Russell confers with staff to withdraw the second which would consider an ordinance that allows transit development rights. Chairman Russell noted council member's left for the evening, therefore he suggested that the staff wait until the entire council was present to vote on this issue. He didn't want this item to fall through the cracks with only a few panel members present. Mr. Lee recommended that the council proceed with the voting. Chairman Russell noted that the council was well informed with regards to the TOD project since they already viewed the presentation made by the CDP. Chairman Russell requested a motion on the floor to move this project. Chairman Russell then requested a motion for approval. Upon roll call, the motion passed 3 -0 Member Lille Odom- Yes Member Elio Guerro- Yes Member Calvin Russell- Yes Chairman Russell concluded that he would like see the city move forward. He is hoping that the CRA, the city, and staff can effectively work together. Chairman Russell believes that it is time to make a difference in the city. He thanks everyone for the good work they've put forward and states that this council will not stand in the way of progress. Planning Council Minutes 03/6/2012 Page 11 of 13 STAFF UPDATE Mr. Brown indicated there were no items for staff update. VI ADJOURNMENT Member Kelley motioned to adjourn and Member Guerrero seconded the motion. Meeting adjourned at 8:30pm Submitted by Gerald Lee Recording Secretary ATTEST: ozz� Z��/ Presiding Officer or Administrative Head Chairman - Planning Council Title Planning Council Minutes 03/6/2012 Page 13 of 13 `i 6� S1I IE,CIA1Ie PIJetLNNUIG `LONJ1V`LULMliilL'TUT `]I'UE'SD^ JIIJl E 289 20111 itOLL CALL. — Chairman Calvin Russell called the meeting to order at 7:15 pm. Present were Members Ella Cobbs, Guerrero, and Vice Chairman Alvin Burke. Member Sheila Pruett was absent. Also present were City Attorney Jc Geller, City Planner Gerald J. Lee, and Executive/Recording Secretary Oria E. Rodriguez. II INVOCATION AND PLEDGE OF ALLEGIANCE - The Pledge was said in unison and Member Cobbs saic invocation. III APP R' OVAL OF MINUTES — MAY 03, 2011 Vice Chairman Burke motioned approval of the minutes with any changes and Member Guerrero seconded the motion. Upon roll call the motion passed 4 -0 Ella Cobbs a yes Clio Guerrero — yes Alvin Burke— yes Calvin Russell —yes IV; PUBLIC HEARINGS APPLICANT INFORMATION: NAME: ZEPOL HOLDING LLC, NIGHTHAWK ENTEP, PRISES ADDRESS: 550 BILTMORE WAY, #209 CORAL GABLES, FL 33134 PROPERTY ADDRESS: 3325 NW 135 STREET, OPA- LOCKA, FL 33054 LEGAL DESCRIPTION: THAT PARCEL DESIGNATED AS YACHT BASIN AND TRACT A, BLOCK LESS PORT OF TRACT A AND PORT OF YACHT BASIN DESCENDh OPA -LOCKA PLAT #3, PB 31 -14 FOLIO #: 0821210072700 t2EQUEST: ZONING CHANGE FROM B,3 TO 1 -3 Attorney Javier Vasquez, law office at 6500 Cowpen Road, Miami Lakes Florida, came before the Board. With him, was co coui Robert Holland, The subject property is a 6.2 parcel of vacant land. They had come before the Board on May 03_2011 requesting amendment to the comprehensive plan to change land use from commercial to industrial. The original. request was for both a land amendment and a zoning change from B -3 to 1 -3 but because of an error in the advertisement the company's request for a zon change from B -3 to I -3 was not heard. PlanningCouncilMeeting June 28, 2011 Page 1 of 3 Attorney Vasquez mentioned that at th .ay 03, 2011 meeting he passed a handout sho g pictures before and after they cl, the property. He also included pictures of the adjoining properties. The owners of the property are Mr. and Mrs. Lopez, Ni Enterprises, who have been operating at 7227 NW 29 Avenue for the last 10 years. Nighthawk provides inland transpor trailers and containers and serves as an import/export distribution facility of containerized goods and these containers are rou the port of Miami. They remain on the chassis at all times and thereafter are transported to different destinations throughout of Florida. This property was purchased in June of 2010. For reasons beyond Mr. Lopez's control he found himsel predicament of disapproval and where a zoning change is required. Robert Holland, 5955 NE 4a' Court, Miami came before the Board and as on May 03, 2011 explained the reasons for their According to Miami -Dade County, the North Dade end's unemployment rate is at 28% as of March of this year. Over tl Miami -Dade County has primarily relied on tourism as its major source of revenue coming into this community. The game ci the seaport. The county and the state agreed to put in an excess of 300 million dollars to dredge the seaport down to 50 fe means Opa -locka can be positioned to be a major player within this community as relates to the industrial and warehouse com Mega ships come into the Caribbean, unload onto smaller boats to come into the eastern boarder of the United States. The eastern port with ability to accommodate these mega ships. Instead of going to the Caribbean, those major container shil directly to Miami, where they have to be unloaded and then shipped to various parts of the eastern portion of the USA. Opa -lc a high concentration of warehouses in industrial communities. Opa -Iocka has the ability with some of its land use accommodate because it has access to rail, highways, the airport; more ways to get those goods going upstate. He then passed out information as to why the property should be I -3 instead B -3. The property has been an eyesore for mar, and commercial use never worked there. The proposed zoning change is compatible with what is there and around it. After Mr. Holland finished his presentation Chairman Russell opened the public hearing for anyone in favor or opposed to the change from B -3 to I -3. No one came forward and the public hearing was closed. Attorney Vasquez said they will freely and voluntarily make a covenant with the City to; 1. paint all facilities as needed but not to exceed every 8 years 2. landscaping shall be maintained to assure consistent upkeep of the property 3. the stacking of containers shall be prohibited 4. first consult'the local employment agencies prior to hiring Member Cobbs asked if there would be any specific training to bring in people. Attorney Geller mentioned that if they want covenant it would be a good faith agreement and will not be enforceable. But Attorney Vasquez said they still want to pr( covenant After discussion was finished, Vice Chairman Burke made a motion to approve the zoning change from B -3 to I -3. Member G seconded the motion. Upon roll call the motion passed 4 -0. Ella Cobbs — yes Elio Guerrero — yes Alvin Burke — yes Calvin Russell — yes 2. APPLICANT INFORMATION: NAME: ALL JAPANESE ENGINES, CHARLES NU&EZ ADDRESS: 14310 LADE CHILD COURT MIAMI LADES, FL 33014 PROPERTY ADDRESS: 2300 NW 150 STREET LEGAL DESCRIPTION: LOT 1, BLOCK 2, OPA -LOCKA INDUSTRIAL PARK, PB 77 -73 POLIO NUMBER: 0821220250110 REQUEST: CONDITIONAL USE PERMIT FOR AN ALUMINUM SMELTING FURNACE PlanningCouncilMeeting June 28, 2011 Page 2 of 3 Charlie Nunez came before the Board to present his request for a conditional use permit. At the February meeting he passes packet with information on the smelting machine and to request for the use to be allowed in the I -2 zoning district as a condition He said that the state approved his facility for the use of the smelting furnace. DEP and DERM control and monitor the device; state inspects it every two (2) months for five (5) years. After five years they will either renew or not. Chairman opened the public hearing for those in favor or against the request and no one came forward. He then closed the hearing and asked for the staff recommendations. Staff recommended approval subject to conditions; to approve as a condition to be renewed every two (2) years. They must come back to the Board every two (2) years to renew. Vice Chairman Burke made a motion to approve the request as a conditional use and Member Guerrero seconded the motion. Upon roll call the motion passed 4.0 Ella Cobbs — yes Elio Guerrero — yes Alvin Burke — yes Calvin Russell a yes 3. O'T'HER BUSINESS — STAFF UPDATE Mr. Terry Elliott, Sr., 6829 NW 15 Avenue, Miami, Florida, came before the Board to present his intent of purchasing some pr( in the city for an upscale adult entertainment parlor. He is looking at a property. on 13301 NW 38 Court, in the I -3 zoning district Choice Environmental) as it is away from everything. This would require a zoning change since that use is allowed in the I -2 z districts and not in I -3. Chairman Russell said he is not in favor of rezoning. Member Cobbs asked Mr. Elliott to explain what an entertainment par; Mr. Elliott responded that it will be like a gentlemen's club as a triple x club. After Mr. Elliott finished and left. Chairman Russell expressed his concerns regarding having people come in front of Board only presentation without any application. He asked staff to not bring anyone to the Planning Council until everything, inform application; etc is in order since they cannot make any decisions without the proper information. This is the 2nd time the Board 1 listen to people. Chairman Russell made it clear that he wants the Planning Council to hear individuals only when they applications and a plan for the Board to approve or disapprove. V. ADJOURNMENT With no further business to be discussed the meeting adjourned at 7:55 p.m Submitted by Oria E. Rodriguez Executive and Board Secretary ATTEST: Presiding Officer, Administrative Head, Designee Planning Council ChairpersonNice- Chairperson Title Pla mingCouncilMeeting June 28, 2011 Page 3 of 3 1" beading: April 13, 2011 2nd beading: May 11, 2011 Public Hearing: May 11, 2011 Adopted: May 11, 2011 Effective bate: May 11, 2011 ° Sponsored by: City Manager ORDINANCE NO. 11-06 WHEREAS, the Planning Council of the City of Opa- locica has recommended amending Ordinance 86 -8, the Land Development Code; and WHEREAS, the Planning Council recommended amending Zoning Ordinance 86 -8, sections 6.11 (P), 6.11A (13), and 6.12 (E), to allow aluminum smelting as a conditional use in the I- 2;1 -2A and 1 -3 zoning districts respectively; and WHEREAS, the Planning Council's recommendation promotes identification of areas where Aluminum Smelting becomes a conditional use in heavy industrial operations areas without creating hazards to the general public or interfering with neighboring uses; and permitting this use will encourage better designed heavy industrial uses; and WHEREAS, the Planning Council recommends that the following conditions be imposed for this conditional use: (1)The use of the aluminum smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MALT Standards (Maximum Achievable Control Technology) Standards. (2) The operation of the aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. (3) The aluminum smelting furnace must be located in a wholly enclosed building, not in any vacant or open area. (4) The use is approved by the City Commission as a conditional use. Ordinance No. 11 -06 li�0�`Jt�9'�'1f I1;11•'� lt+Jl�O> lf+�, Il ,H,, ii 1' 0)F T1 I0,' x,`1177 0F li,liau:f�Y�,7re eC ra)VIni is . The recitals to the preamble herein are incorporated by reference. 1 -k'Le o n 1, The City Commission of the City of Opa -locka hereby amends Zoning Ordinance 86 -8 .to include Aluminum Smelting as a conditional use in 1 -2, 1 -2A and 1-3 zoning districts, subject to the following conditions: 1. The use of the aluminum smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MIACT Standards (Maximum Achievable Control Technology) Standards. 2. The operation of the aluminum smelting furnace must meet all applicable standards of the Clean Air Act and the Florida Air pollution Control laws and all applicable Federal laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in any vacant or open area. 4. The use is approved by the City Commission as a conditional use. � - ed'ol-q,, ' i' All ordinances or Code provisions in conflict herewith are hereby repealed. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held 'invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, district and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. weflgrm . )' This Ordinance shall be codified in the Code of Ordinances when the code is recodified. This Ordinance shall, upon adoption, become effective as specified by the City of Opa -locka Charter and Code of Ordinances. 'ti "bill AND i f!N lP ,U, this 11`x day of May, 2�71. ! � 7 ' LOS MAYOR Ordinance No. 11 -06 Attest 3 Yeborah S. Irby City Clerk Moved by: Seconded by: COMMISSIONED 1- Approved as to form and legal sufficiency: COMMISSLONED MILLER Commission Vote: 5 -0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Nice -Mayor Johnson: YES Mayor Taylor: 'YES 5173684 v1 2b ,!D I SUNDAY, MAY 1, 2011 IUD MiarniHerald.com i THE MIA r>: .1 VkCH IBS EDITORIAL Suburban Editor Joan Chrissos 305 -376 -2635 j1hNssos@MjarnlHerald.com Editor Tere Flgueras Negreie 305 -376 -3556 09ueras a-MianliHerald.com Reporters kiami Gardens: Nadege Charles, 305 -376 -4566, ncharlesaMiami Herald.com: Hialeah/Miami Lakes: Laura Isensee, 305 - 376 -4584, Iiser,see;MiamiHera Id.com: aclditiohr l reporters: Daiana Kucawca, 954 -538 -71,24, dkucawca @KamiHerald.com, Bea Hines 305 -376 -2022 ext. 7192, bh ines@MiamiHeraldcom Youth Sports Editor Jose Cassola 305 -376 -3712 jcassoI8@,MiamiHera1d.com school News schoolne�lvs@MiamiHerald.com OTHER CONTACTS Advertising 305- 376 -5301 Calendar desk(listings newscalendar@MiamiHerald.COm s MIAMI LAKES SENIOR GAMES TO BE HELD SATURDAY Miami Lakes will hold its fifth annual senior games on Saturday at Bar- bara GolemanFligh School. Registration opens at 7:30 a.m. Competitions include: 100 -meter dash, one mile run/walk, domi- noes, table tennis and archery. Entry costs $10. For more information, call Hr�GHE30RCHI 0 0D L11EVTS 305 -364 -6100, ext.1132. a HIALEAH FIRE DEPARTMENT TO RECEIVE AWARD Rialeah's Fire Depart- ment is set to receive a state award for its emer- gency medical services. Mayor Julio Robaina an- nounced the award - the State Emergency Medical Services Provider of the Year - at the City Council meeting Tuesday. The recognition means the department.met or ex- ceeded all the state goals. The department will re- ceive the official award in July in Orlando. e MIAMI LAKES TOWN TO PARTICIPATE IN NATIONAL DAY OF PRAYER Miami Lakes will partic- ipate in the National Day of Prayer on Thursday at the South Florida Council of the Boy Scouts ofAmer- ica,15255 NAT 82nd Ave. The service will be held at 8 am. a SOUTH FLORIDA DONATE FOOD FROM YOUR MAILBOX The National Associa- tion of Letter Carriers will hold its 19th annual food drive on May 14. Carriers encourage you to leave non - perishable food items like canned goods, cereal an Your mailbox. Di ciude expired ite glass. Postal worker; than 10,000 cider 50 states will col food and deliver food banks. The`Stamp Ot drive is the large food drive in the Since 1993, mo one billion pottn have been collec — -i - t _f: _I I -r ft, ! L _ I_I _ _. .I:� I I ( C Nothin- wes better with breakfast than € he Miami Berald, delivered. r 6� t � hi 11 -iflk I E - k � « y FEEAkRL.Y V®TIMP8 SCHEDULE FOR THE 114AY 10e 2011 NFOR `H MIAMI REGULAR ELECTION NOR1III MIAW-1I PUBLIC LIBRARY 835 NE 13211D STREET f;`:'ORTH NALA Ffl, FL 33161 MAY STH MAY 6TH MAY 7TH MAY 8TH THURSDAY FRIDAY SATURDAY SUNDAY I 1:00AM _ 7:OOPM 11:OOAM - 7:00PM 9:00AM - 5.0OPM 9:00AM -s 5.00PM f. �1 R t 1r t X FINI ICE'O HE PUBLIC CITY OF OPA— LOCK -A, FLORID NOTICE IS. HEREBY GIVEN that a public hearing will be held on Wednesday. May 11, 2011 at 7:00 p.m. Commission Chambers, 777 Sharazad Boulevard, before the City Commission of the City of Opa -locka to c following ordinances: SECOND READING ORDINANCESftSLIC HEARING: AN COMMISSION AGENDA TO INCLUDE A REPORT FROM THE 17m CONGRESSIONAL DISTRICT OFEFLOO FROM THOSE OF RECITALS; PROVIDING LEGISLATORS CONFLICT AND REPEALER; PROVIDING OFOR 'CODIFICATION AND SEW PROVIDING FOR AN EFFECTIVE DATE(first reading held on April 13, 2011). Sponsored byTH. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LDCpIA FLORIDA, pp6EtiplMg p', 86-8, THE LAND DEVELOPMENT CODE, TO INCLUDE AUTO BROKERS AS A PERh1lTTE , USE IN THE FI INDUSTRIAL ZONING DISTRICTS: 1-1; 1 -2; AND 1 -3 DISTRICTS; PROVIDING FOR INCORPORATION OF PROVIDING FOR CONFLICT AND REPEALER; PROVIDOJG FOR CODIFICATION AND SEVERABILITY; PROV AN EFFECTIVE DATE (fast reading held on April 13, 2611). Sponsored byC.M. ORDINANCE AN h CITY Of RNOFMCTHE LAND DEVELOPMENTCODDE,TOiNCL DEALUM(NUMSMEL NGOREFIING METALS ASAOP USE IN THE 1- 2;1 -2A; AND I -3 INDUSTRIAL ZONING DISTRICTS; PROVIDING FOR INCORPORATION OF PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVARABILIrY; PROVi AN EFFECTIVE DATE (first reading held on April 13, 2011). Sponsored by C.M. Additional information on the above Items may be obtained in the tHflce of the City Clerk, 760 Rshern 4" Floor, Opa- locka, Florida.All interested persons are encouraged to attend this meeting and will be heard w to the public hearing. PURSUANT TO IS 266.0105: Anyone who desires to appeal any decision made by any board, agency, or a with respect to any matter considered at such meeting or hearing will need a record of the proceedings, a reason, may need to ensure that a verbatim record of the proceedings Is made, which record includes the and evidence upon which the appeal may be based. DEBORAH S. 1118 %CMG CITY CLERK To: Gerald J. Lee, Planner Community Development 0�' uf'-e- Al From: Kathy.1i,111 iilllps, Executive Secretary Offi&4 0"I" Lhe City Manager Date: January 30, 2012 Re: Japanese Engines Holdings, Aluminum Smelting Per your request please see copy of agenda item and backup documentation presented to the City Commission for the following meeting: • January 11, 2012, First Reading (Deferred and referred by Mr Finnie, 'CM back -to Planning Council) Thank you, Attachment r **nd of Mernorandurn - CITY HALL o 780 FISHERMAN STREEP, 4TH FLOOR, OPA-LOCKA, FLORIDA 3305 4 o (3051 BRR-4m 2 Sponsored by. City Manager Resolution No. HE AS, in May 2011, the City Commission of the City Cpa -locka adopted Ordinance No. 11-136, which amended Ordinance No. 86 -8, Land Development Code and, which provided for aluminum smelting and refining of metals use in the 1 -2, 1 -2A, and 1 -3 Zoning District, as`a conditional use; and WHEREAS, Ordinance 11 -06, authorizes the operation of aluminum smelting or refining of metals use in 1-2, 1 -2A and I -3 Zoning as a conditional use, subject to conditions contain therefin, and the conditional use must be reviewed every two (2) years; and WHEREAS, All Japanese Engines Holding, the owner of the property located at 23011 NW 150th Street, Cpa- locka, Folio Number 08 -2122- 025 -0110, is requesting approval of a. conditional use for aluminuin smelting or refining of metals, and operation of -are aluminum smelting oven, at the subj Resolution NOW, Y9, !1 HEREi Ots E, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE E LAY $ OF OPA- L®.8CKA9 FLORIDA-, Sects The recitals to the preamble herein are incorporated by reference. Section 20 The City Commission of the City of Opa -locka hereby approves the request for a conditional use to All Japanese Engines Holdings for aIminuxn smelting or refining of mews, and to operate an aluminum smelting oven, at the property located at 2300 NW 150tH Street in Opa locks, Folio Number 08- 2122 -025 -0110, subject to the following conditions, all conditions set forth in Ordinance No. 11 -06, review of the conditional use every two (2) years by the Mayor and City Commission, and the requirement that all operations being conducted at the property location be in full compliance with the laves and City Code of the City of ®pa- locka, and of the State of Florida. Scctlon 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this day of .2011. MYRA TAYLOR MAYOR Attest to: Deborah S. Irby City Clerk Resolution Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Miller: Commissioner Tydtus: dice -Mayor Johnson: Mayor Taylor: 7441237 v F'S�t a r ir( n, iiii ri 191 I� ll! jl TC�- Myra Le Taylor, X13,,,, for IDorothy John!-,,on, Vic,(-.) ii 1 :t'7Gr Tlnnotrrl� Holtii,ms, 7-ose l ydus, Cow,Lsnas -SIOR F 12ail i F� C I!l,(ji - yan Finnie, Cit °G.lil�ii; a� RE- R,,quest f ro rnAllJapan(r- !s„ „.Engi��l��:.,- .Ho9dirn�, jppIac4ntavdprq,;,,,.#Iy owrap-.a=, for conditional :use:; in tht,> I =2 �lil:a�« r,��I, industrial) zoning di strict to allow do aluminum or ref fin ®f rnlAals uso. Th,.. suf jeot pr®pa :,rty is beat(, �d at 2ax00 l- 1W.1503h Stre * -J, QPri -Io-c ta, FL fly di,j,wcribed by Lli'o .1i.® itto_ Ong,- 2122 =025 =0110 , =;end coni ins 33,581 qa afe f(, -.-- L A resolution of the City Commission to grant a conditional use for aluminum smelting or refining of metals use by -the property owner, All Japanese Engines Molding, to operate an aluminum smelting oven subject to conditions stated in ordinance duo. 11 -06; providing for incorporation of recitals; providing for an effective data. Chronology: The Toyota S6parmarket Corporation established' a sOlvage and junk ydrd for the dismantling and sales of used auto parts business on May 27; 1997 at 14985 N .229.6 Court; 00a- lodka, florida,,not at the aocave- sohjedt-property. ® The Toyota Supermarket Corporation's name was changed to All Japanesc- Engines on January 20, 2002. All Japanese was: licensed exactly as Toyota Supermarket Corporation to operate a saKfage'and junk yard - dF;mantling and sales used auto parts. In August 20, 2004, All Japanese moved to 2300 NVV 150th Street, Cpa- ldc-lr.a, FL 33054. On December 12, 2099, metal recycling was added to the business license (this use is not allowed under this particular zoning district and was erroneously adder to the license application). The applicant contends he has actively operated a lawful auto salvage junk yard since 1989 from 2309 NW 150th Street, Opa- locka, Florida. City business license and zoning records do not show this to be the case. After a careful examination of business licensE records and city zoning regulations regarding this matter, the applicant does not have a vested right to operate a metal recycling operation or junk yard. Consequently, the subject property is located in the 1-2 zoning district which does not permit the operation of a junk yard or scrap metal € acilities. In order for a junk yard or a scrap metal facility to lawfully occur onsite, the uses would have to been legally established prior to 1986 preferably evidenced by a business license or certificate of occupancy. Description; Scrap metal facilities and junk yard uses are not permitted in the 1 -2 (liberal industrial) zoning district. Rezoning of the subject property requires rezoning to the I -2A (liberal industrial) zoning district to operate a metal recycling or junk yard use. Scrap metal facilities and junkyards are not permitted in the 1 -2 zoning district. Should a smelting or refining of metals use be granted by the Mayor and City Commission, scrap metal facilities and junk yards, similar to what you may see off 135th Street and Cairo lane is not permitted unless the property is rezoned to the 1 -2A zoning district. On May 11, 2911, the Mayor and City Commission amended City Ordinance No. 86 -8 which provided for aluminum smelting and refining of metals use in the 1 -2 zoning district as a conditional use. Ordinance 11 -06 authorizes the operation of an aluminum smelting or refining of metals use in 1-2; 1 -2A; and 1-3 zoning districts subject to the following conditions: 1. The use of the aluminum smelting furnace must meet the requirements of Florida Law concerning air emissions sources and the EPA Secondary Aluminum Production MACT Standards (Maximum Achievable Control Technology) Standards. 2. The operation of the aluminum smelting furnace must meet all applicable standards of the /Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal laws. 3. The aluminum smelting furnace must be located in a wholly enclosed building, not in a vacant or open area. This conditional use must be reviewed every two (2) years from the Mayor and City Commission's date of approval. After the ordinance was adopted by the Mayor and City Commission, the Planning Council met on June 28, 2011 after receiving an application by All Japanese Engines to operate an aluminum smelting oven. During that meeting the Planning Council heard from staff as well as the public and recommended that the aluminum smelting and refining use be approved as a conditional use. Additionally, the Planning Council had not received business license information and it was not until last week city staff started a comprehensive review of business license history information to determine if All Japanese Engines, in fact, has a legal non - conforming use established on the subject property at 2300 NW 150t` Street, Opa- locka, FL 33054. It appears the applicant does not have a grandfathered use for either the junk yard or scrap metal facility use. Financial Impact: There are no perceived costs to the city for the approval of this use. This approval does however support the retention of an industrial business in the City of Opa- locka. Implementation Time Line: Immediately Legislative history: Ordinance No. 86 -8 Ordinance No. 11 -06 Planning Council Recommendation: Planning Council recommends approval of this request to operate the aluminum smelting use subject to the conditions set forth in City Ordinance No. 11 -06. Staff Recommendation: Staff recommends approval of this item but contingent on the following items being addressed: 1. The applicant obtained a business license to operate a junk yard on or about August 26, 2004. This is an erroneous approval because junk yards were not allowed after 1986 (Return to Planning Council). 2. On December 12, 2009, the applicant was able to obtain an erroneous approval to operate a metal recycling operation at the subject property. Scrap Metal facilities are only allowed in the I -2A zoning district (return to Planning Council). 3. A successfully adopted comprehensive plan amendment and ordinance amending the land development code would be required in order for junkyards and scrap metal facilities to operate at the above - subject property. Attachment(s) Ordinance No. 11 -06 Manning Council Meeting Minutes, June 28, 2011 Planning Council Application Staff Report Planning Council Check List Prepared By. Howard W. Brown, Jr., Community Development Director Gerald Lee, City Planner fit of Opa =Lacks Plyna ng Council STAFF REPORT All Japanese Engines, Corp. (October 14,2_011 All Japanese Engines Corp. Request for Conditional Use permit to operate an aluminum smelting furnace. 2300 NW 150"' Street, Opa- locks, Florida33054 - ���C���l�`ef[scraals 22 52 41 OPA LOCK.A INDUSTRIAL, PIS PB 77 -73 El92.65F T OF LOT 1 DLK 2 PER W/P #23000 LOT SIZE 33581 SQFT .77 Acre or 33;581 Sq. I+t. I -2 - -" � L+�nd €'s' - = = Lrrdustsial -.rte:. �,_ r- z•,. -�• =��Fi. �:� ���su�s' Industrial a`' f'*r0 : • TeiTSi.',F, The subject roe is designated as an industrial land use and is J property �' � consistent ;� ���PI'�►�Go S�st�e�,c; - with the 1996 Comprehensive ) nsive I}evelopment Master Plan �CD1Vt�' : •f - ^�<`'`- " The oven operation must meet: The requirements of Florida Law concerning L }4,R ryryt3i[e eTi air emissions and the secondary aluminum production MACT Standards; all _/= xfi ;• =3�..3 t the applicable standards of the Clean Air Act and the Florida Air Pollution Control laws and all applicable Federal Laws; The oven must be located in a x _ wholly enclosed building; Use of this oven must be approved by the City Commission as a conditional zonal use. ' �� -4 2_,,t. -;`' .�: -"'_ 4 pf v�fp�rr/rp4' pg�J .FT- �_G- }.;Ll'J /?i:11rL:l'S,:• �.""�- •�z.��;.; = r._,- :- ..�- �.,..._ �-c: ���5. _ :• =�=1' tz�,,.,, .'�.',Ri= w�,�- war �,ry� _`-. _;_ cam. ,- ,-;... _.. —� --fir. _ �,. ����ir'�-' ��_• "•. -?�`- . ��, S' _ ".`,lam -T -'�r._G�N+c- •r-Y -. 1. 'Fw1'-5�.. -. • +tea y+q '.`f4•�`:1 :tom �;�•�:.:; �•., �`e sS;O.li:�l�) ..ter ,�`Ploril�►'r" N/A N/A 10 000 33,581 q�� ���: `��; • � Of:dt� Irregular Irregular F a tt i cJ gif Three Stories or forty -five feet, Less than forty-five feet ,Yr-3 whichever is less. N/A N/A ;} -• �I:a _ eea ` 10,000sq ft 10,000 sq ft r °]%J�lcar N/A N/A �s��- sk� =�L�LfI� GQ • - r} : d pin o _- r':: ? -� �s ,�g_ All pervious areas shall be landscaped with grass, trees ground cover and / or Property has landscaping as required b the landscape code aloe the sheet Y p g ' ,'f' -?M<b� ,:��•w: �xY�i ly 4..a. �..,_.cr shrubbery with aminim um of 10 frees frontage, not exceeding 50 ft. 9M, 'R. hg 'r -�� =' �.�� per acre. Trees shall be not less than In ht and 3 % inches in di z sister. �. ,. _• . Ml- ' %��,�,- .•- �.,�,�-- Sri provided Sprinkler systems shall be .���' `A ?' F { S� !F+ _:- •�,.�L;f ,k•' prior to obtaining a certificate of `ins F v '=t' occupancy. Trees shall be planted along the street frontage of the property - -: at infe rvals not exceeding fift feet. - �:r�•7 O ':�e�FS'�'a�"`� ` NIA N/A = =, PAF s s Single Occupant- (A.) 1 parking space 1 Provided thirteen parking spaces. 1000 sq ft of gross floor area in the _`.; i i w +�: yi^ 9•'i- T�Tw"Ci•F C•^� }�, i.,,i�e� «..+ :.0 4- In Ann - - - -- -- ...,a,l - — a sifirtuur, even as a conamonal use in the 1-2 zonin district; this request was properly, noticed pursuant to state law and.city cha-etAr Applicant's late uest< 1) Approval to operate a smelting oven in an I -2 zoning district within a wholly enclosed building as a conditional uses Surrouudjpg Uses. ParldnLy and Traffic. There will not be in increase in gross building space and number of employees as a result of an aluminum smelting or refining metals use be approved on the site. Adequacy and Neighborhood Comoatibiliy.- The subject property is adjacent and in close proximity to other heavy industrial uses. The addition of the smelting oven is compatible with the current engine salvage opera #ion. The surrounding uses are heavy industrial, for example, automotive repair, boat repair, construction trades, cleaning supply manufacturer, etc., and if this conditional use is granted, this use does not create an incompatible use in light of the surrounding land uses and current zoning district. Ward Modifications: (If applicable) M Comharehensive Plan Consistency° Existing Land Uses CLUP Mesa ations Zoning Districts North Warehouses Industrial Liberal Industrial (I -2 South Warehouses Industrial Liberal Industrial (I-2 East Warehouses Industrial Liberal Industrial (I-2; Nest Warehouses Industrial Liberal Industrial 42' ParldnLy and Traffic. There will not be in increase in gross building space and number of employees as a result of an aluminum smelting or refining metals use be approved on the site. Adequacy and Neighborhood Comoatibiliy.- The subject property is adjacent and in close proximity to other heavy industrial uses. The addition of the smelting oven is compatible with the current engine salvage opera #ion. The surrounding uses are heavy industrial, for example, automotive repair, boat repair, construction trades, cleaning supply manufacturer, etc., and if this conditional use is granted, this use does not create an incompatible use in light of the surrounding land uses and current zoning district. Ward Modifications: (If applicable) M Comharehensive Plan Consistency° The current land use and zoning designation is in complete agreement with the 1996 Comprehensive Development Master plan (CDNT) Staff Determination- Staff recommends approval subject to the conditions enumerated in City Ordinance No. 11060 City Ordinance 86 -8 requires all applications for conditional use must be approved by the Planning - Council every-two yggrs; -and -thy City 6fflAissi6li re*iiew is f6ildli ed 4hly df the Planning Council votes to discontinue the use after the initial approval of the City commission. f " t, ' .i PtESOLUTION OF T 1FI TL All i1 -G Co-- C1i1 , C T- Our OPA- iLOCK -., RELA1 I l -G O Ttiyir�i T�L1C✓ATN ®i T �,: �-!► T�;i� f �iTf IH1���9 JUEE T1wZ i si(�I?�1" Ti IT N]3h�_IN��ti >a 2 00 MA— 150 S URCIP r. T• LOT 1, 3LOC✓Tr-�, 2, Qi.A -ii OCT�CA E ii i 'US�iilA -L P��,K, PB 77 -73 FOLIO #- 00021220250110 EI�;QU ST. C®1 lei �1TAIGNAL URDE PEEPUATIT FOR /��' MOX I I NU,&I SME7 N �il �( A.0 I &IHERLAS, thhe Agplicant has appeared before this (Board) (Agency) for the relief requested ink the application, and all evidence, documents and exbibits have been, received and marled - Pursuant to the Code of Ordinances of the cCit of ®pa- locha. NO_\\V T HEPEFO1RE,1 T IS ME—SOLVED AS F ®L LOVSTS: 1. That the relief requested in the application by the APlslicant be aind the same is hereby: CA) Approved as a c© militf gal vise 4-0 ELI Cobbs – yes Eli, Gmel-rero – yes Alvin iuul u - YVs Calvin. Russell - yes ( ) Disapproved Not detern-lined until additiond consideration I the regular meeting to be held on the day of , 2. That the mlowing special conditions be and they are hereby im. posed, conditioninnig the dete-m3ination aforementioned: .%. -WVS y COME BACK r VJERY T 1,,0 (2) U w ARS TO DIET IEW C Resolution W062011 -1 Pzge 1 d2 CERTIFICATE I HEREBY CERTIFY that the foregoing resolution containing the detennination of this (]Boars (Agency); is a true and correct copy as reflected upon the public records of the City of Opa -lock this JUNIE 28, 2011. -PT A- kTxIII�tG C�IJNCIII (BOARD) (AGENCY) Presiding Officer or Administration Head BOARD CI ARMAN Title No. of Copies Certified: 3 PC Resolution #062811 -1 Page 2 of 2 a PLANNING (COUJPITO L APPLICAT1014 APPLICATION NCIIVIBER: CHECK NUMBER: ° a DATE RECEIVED: 1 R .� PROPERTY OWNER'S NA1VfE: ��p�_E..? f,� �tf 1!A, .�� `�' ��� PROPERTY OWNER'S ADDRESS: -`�,-,�() Number /Street City State /Zip Code W-f f1 APPLICANT'S NAB APPLICANT'S ADDRESS: Yr �d �( `,f�'_� - -1 n..� 9 20� Number /Street City State/Zip Code PHONE NUMBER: OFFICE 0i - q� DOME S OTHER }, -. °-� r • r i ' SUBJECT PROPERTY ADDRESS: �J I,`��Q " ,° r) Wit= Number /Street TAX FOLIO N AoER: ?` ?. L o ' PRESENT ZONING: LEGAL DESCRIPTION: A (1W2 ={ Please check specific requ6st." _Tentative Plat _Final Plat _Comprehensive PIan 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 _Other - Please specify: � �2 Add any additional information that may be of importance t this rec�u st: -` [V t 11 1 -A A -Jj'�' �i l��j� fn_��• Page 1 of 4 J PLANNING COUNCIL APPLICATION (Check list) Applications will not be accepted without the following data. For a public hearing, all items below are nect and be submitted. Completed application form F Application fee of $1250.00 payable to the City of Opa -locka by check or money order Copy of property owner's and/or applicant's driver r 1lcense/phato I.D. t� Affidavit (see below), and power of attorney of the property owner (page 3) Goth must be Notarized) A completed Neighborhood Petition form (attached) with the signature of each property owner in front, left and right of his property showing they have no objections to the project (name, address, phone number). All preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in format Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landsca parking in accordance with the City's zoning ordinance; (size 36 x 24) ping Map showing parcel to be considered and all properties' legal descriptions thereof, within 375 parcel. Map to be 1" _ 100" scale. Owner's name, address, folio number and legal description ' escrip ion'on radius of each pa (Original and 2 copies size of document to accommodate scale) Narrative concept to be submitted with application AFFIDAVIT Q I, t ° being first duly sworn, depose and say that I am the D_VNER of the property ,ar unders th application must be complete and accurate before a public hearing can be advertised. Signature Date Sworn to and subscribed before me: lh' I`�� day of d Notary Public Attach copy of identification My commission R„ Page 2 of 4 AVIS W. R MY COMMISSION # DD 114031 EXPIRES; Sapternbar 16 2Dtt is onaod iN Notary P - 11vtfIBiE s e 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 honorf Persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted. To: City of ®pa -Iocka From: Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the prope owner's behalf). of the being first duly sworn, depose and say that I am the owl pro ,Rerty legally described as: �� I do give to the of behalf in reference to the above described property. Further, by affixing power notarizedrn s in ir authorize ignature to�this documentk, I al to negotiate and commit to the City Commission and Cit Administr I tin in any half. I will abide by all final determinations of the City Commission and City Administration. Signature 1 — Date f Sworn to and subscribed before me: This day of 1/( Notary Public My commission expires: ho Attach c®Py of identification ►�YISSS, r.,.L�.�',;z DD y14D3f � _ �Rfn�� 9andsdihruitlafe�rypnde�� Page 3 of 4 RE: PROPER'T'Y ADDRESS LEGAL DESCRIPTION: PANNING COUNCIL APPLICATION NEIGHBORHOOD PETITION PROPERTY OWNER'S NAME: ADDRESS (If different): _ We, the undersigned, have no objection to Petitioner's request to: NAME FRONT: 1. 2. JL 3 4. RIGHT: 1. SIDE: 2. -A V, 4. ADDRESS [A P_ . �'2_ 0 C-Z- q- _Ll 21 147o_5— Aoft-J '0�50.z &)Uj PHONE hc- J0 39-6-n _1 LEFTI.- PEI SIDE: 2. 3. 4. REAR: 1. 2. 3. 4. Page 4 of 4 I ))( C�C)GANUh,l[TY DI: \/I l I Code Ha it »s' '..: ✓ �3 a{ ;;:` ...... '.,,, t. . , .. :.. ., N n .. I 1 l)o�crlpllon I .�,(. n 1 4• � _' f i aim ' looko fill Cf1BC116 payable r QIIY of OP84ticlfa, rlodda� VJ,I II Lf: •— ruslomer Copy YELLOW - OIlfr.e Copy I'I1�li( -� Dopf,1ilnitonl Gopl, -lot I f ` tl�•` r I �I 1 l�I�(,��I�I Il�ti I Property Information Mai) IIRpa:lull- N�r,ae Comity, Florida Property Information Maly Aerial Photography - 2009 0 --- 121 ft This map was created on 5/13/2011 6:11:11 PM for reference purposes only. Web Site © 2002 Miami -Dade County: All rights reserved. C9D5C Page M,I.AW•=ADE T ma faetaffs: - 22 - 025 -0110 00 NW 150 ST 2300 NW 150 ST OPA LOCKA FL 33054- 0 roperty' I nformatlon: hPrimary Zone: �73001ND� U� L HEAVY Y ssessed Value; $542 423 $641 37E 2 52 41 0PA LOCKA egal NDUSTRIAL PK PB 77- escription: 3 E192.65FT OFLOT 1 Lk 2 PER W/P #23000 LOT SIZE 33581 SOFT Assessment Information: Year; 2010 2009 Land Value: $218,276 $302,22! Buiidin Value: $324147 33914 IWarket Value: S542, 423 $641 37E ssessed Value; $542 423 $641 37E zzv" foo. vrw i (305) (685-4,2 55)(0 0105) 3;q'-4i'=(6'qoO C solo 'PAW Clgarf Rep, !*oa A-01,10 Loki ON rey of 90, hkotply Wy , 6, Ome,w 115161130 411 6r re �Ocae; M, alit 6 41 "irmwifilge To t 1P, "'� a th. . p,l,p � 4� '�' limmiag. -ii-nd -�,voivjv 40 Ow h .y ql� * t'-6ip WAS: lopt wJ111glit d. I1 IlRRAWP)lpg E) 'wqq 'Pip" bAiiiahalgi, alean bmurniog-d ),rjjpr Orovva'i .1 �pv�tie pmu i1c) �1� Web. Of 'ge'ed " �jlop!�p Of Own 11))q-jAfl1g �; ' �O TWO not 0 Oack Yard 'sh 11"he upAt".'j, 0140, P-4. Tr I e nos formace, 4191ko 701 Oas *9 -.eooy imo-P *D [�Vma The, 11ir1ji �OI 'To UR 4, opy -of -my DEP.Poir 110 c 2, )M(D ph'�(0111W�00 OFVPWOVn4g kPoid"Itumired, my bofr4,0J$-R OU4 DERIVI(pn- a I the, rhQy Oh mly 1�1-*Ogipqj q'jj'Ercf'@'. �y rep T 14"o � -0, CIT g u= OPA -LOCKA OCCUPATIONAL LICENSE All, a,ICAT'YON BuildingfOccupational License Department 750 Fisherman Street, 4"' Floor Electrical Inspection Opa- Ltacka, EL 33054 Plumbing Inspection T ELF 305 -953 -2869, Ext, 1603 Code Compliance FAX. 305- 953 -2537 Mechanical Inspection _ SUR TOTAL: ZONING DISTRICT J— ' - I�I1cT.ECg�AId License Fee + TOTAL ANTI' DUE Please PRINfCLEARL Y and read this document ca full before si nin . BUSINESS NAME (ENCLUDINGDBANAME): ' i-L .��}��}[tiy� BUSINESS ADDRESS: 1_ g $� E-I' Wit —3 Q.6"d BUSINESS TELEPHONE NUMBER (S): SOCIAL SECURITY NUMBER AND FEDERAL ID NUMBER: ; TYPI OFAPFLICAT ION: NEW �SFER OF OWNER () RENEWAL -() NAME CHAS FORM OF BUSINESS: INDIVIDUAL ( PARTNERSHIP (} CORPORATION k OTHER ( ) NUMBER OF EMPLOYEES: 3' BUSINESS OWNER (S): NAME(S): C- RR L-96 C NUNE-ic r ADDRESS (ES): ' &68 Af 0i I 6�3 61REET L TELEPHONE NUMBER (S): ®�' - _ 62 A Q -a` DATE.OF BIRTH: 69 -14 f9 DRIVER'S LICENSE NUMBER & STATE MAILING ADDRESS (LICENSE RENEWAL NOTICE WILL BE MAILED TO THIS ADDRESS): E () ADDRESS CHANGE ( ) REQUEST FOR EXEMPTION OF OCCUPATIONAL LICENSE FEE (ATTACH SUPPORTING DOCUMENT) NONPROFIT ( ) CHARITABLE ( ) OVER 65 YEARS OF AGE ( ) $51.56 $X00 -5 -0 $154.5 $. $ 4y DECLAPATi ION OF INTENT U I. _ CII1 RLE6 e' �JMB c- solely for the purpose f hereby affirm that I intend to use the premises as outlined on the Occupational License Applicadii o: A. and for no other purpose. !, hereby certify that the information given is complete and accurate. I understand that making false or fraudulent statements may result in denial of the Occupational License. l further acknowledge that the City shall not be held responsible for any work that we may have done on the premises prior to obtaining the required permits for all alterations, remodeling, repairs, electrical work, plumbing work, signs, etc„ notify the City of any changes, as well as closing of this business. 'agree to operate within City and State laws and will Upon signing this application, I hereby authorize the City of Opa -Locks to run a police background check on any individual(s) associated with this business and/or business location as well as Code Compliance Division, Miami -Dade Fite Department and Building Department site inspections. ( z S L NUN G2- - ,,I P SIGN 7N�.E1D TITLE SWORN CC // I r 7 1 NQT Y PO BL MY COMMISSION D4_�89 DAY 0 tRa SSW DD 60res trot' 5,7 012 9r- Troy Fain lnsumw 670.38E-7D19 OF FLO R 1DA OFFICE HOURS: 8:00AM TO 4:NPM MONDAY - FRIDAY ATE DATE IT IS THE BUSINESS OWNER'S IBEPSONSIBILIT Y TO PROVIDE COPIES. WE ISO NOT MAKE COPIES OF V�BII% MUIIMENTS. MR i Buildin/Oec- License DePL 159 North Pew Avenue Opa -loc, FL 33054 (Northwest slide City RaH) TEIL PHGN'Ea 305- 953 -2827 GEEICE HOURS: Ikon to 'hags: Sara -3pm Friday: - Sam to 12:00 noon FAX. 305 - 953 - 2897 License N ®o 1 -1 ear Last Paid AMOUNT DUE $ °> c� Business Nm, OCCUPATIONAL LICENSE ` i BUSINESS NAME RENEWAL NOTICE + 3U5Lesse5 tLat do not mew theft- Oc-Padonal License by Octoleg I, 2002 WE hicua a I4nalty fee oE., OCTOBER 10 /a NOVEMBER ISO/* DECEM13ER20% After DECFMBER323r 25% Fa7ur� to sahnift the erne a-mount w?I remit it DELAY'fa receivaup, the 2003 demL <, CG Ti ATE AC�R ® 7, BUSINESS TELE: 41€. 35-6)E RGENCY TELE: � � LAX. - � NUM13ER E LOYEE� � E� C� /�ea� /Darler) . NU ER A1TS NUNMER BEDROOMS (APTS/TYIOTEL/RGOING HO SE/HOTEL - BUSINESS CLASSIFICATION/TYPE :- LICENSED? Ye if "YeS ", ®tee COL'bHGN% --re, i3O I HEREBY CEE+RTII l' THAT THE INFORMATION GIB N IS COMPLETE AND ACCURATE I L11�I➢ERSTAIVD THEtiT MAILING A FALSE OR FRAUDULENT SFATEM NT(S) MAY RESULT IN DENIALIREVOCATION OF THE OCCUPATIONAL LICENSE. I FURTHER ACKNOWLEDGE THAT THE CITY OF OPA= LQCI{A SHALL NOT BE HELD RESPONSIBLE FOR ANY WORK THAT WE IVIAiC HAVE DONE ON THE PRF.NFISES PRIOR TO OBTAINING THE REQUIRED PERMrrS FOR ALL ALTERATIONS, REMODELING, REPAII2S, ELECTRICAL WORK, TA NI NGG N WORK, SIGNS, ETC. i AGREE Tt? OPERATE WITHIN CITY, COUNi1°, STATE AND FEDERAL LAWS AND WILL NOTIFY THE CITY OF ANY CHANGES, AS WELL A_S NOTIFICATION OF CLOSING OF BUSINn§, Elease reran payeat raude payable to: CITE OF OPA- LOCk:A SIGNATURE OF OWNERIMANAGER Iease irele cerres# title 159 NORTH PERVIZ AVENUE ) OPA- LOC'I£A, FL 33054 NOTARY PUBLIC, STATE OF FLORIDA O CASH PAYMENTS WILL BE ACCE or ePTED. er's check_ -- My C4mmts%on Ea;Ires; OWNER OR MANAGER MUST PROVIDE A COPT' OF DRIVER'S LICENSE OR OTHER PROPER PHOTO IDENTIFICATION. SPECIAL NOTICE — BUSINESSES OPEIR4TING WITH AN EXPIRED LICENSE MUST COME INTO OUR OFFICE TO PAY ALL PAST DUE AND CURRENT LICENSE FEES, PLUS PENALTIES, AND SUBMIT ALL REQUIRED DtXX.LWENTATION, INCLUDING PROPER I.D., INTAKE ?NY NECESSARY ADJUSTMENTS, AND MAY BE REQUIRED TO HAVE REINSPECTIONK ajrrtc X USE ONLY- ZONING APPROVED ZONU--- DISAPPROVED DATE BY: °A CWPIP, "U QTY OF MOTHERHOOD AND SI1c 'RHOOD r (OCQ'pat-fOnal Licrxtse i�epartniQnt 854 North Peter Avenue Q3pa -1—ka, FL 33054 Telephone: 305- 953 -2s27 Fs- imLtee 36-1,--q53-2829 Occupational Ii iozase No,_�_ Business No. APPIKATION FOR COIN-OPERATED OCCU'ATIO& LLICENSE RENEWAL NOTICE Application is hereby ride ga --Rt to OFa -Ios&a diode 010rdinances, Chapter 83, Article V, Cain- oneraieci Devices, rtt#ioc 83 -92 tirrsa 83 -8G2, to operate, cause, os pear¢tit to operate a ay scF,Fre, coriaivaFSCe9 or deice riaicli is set is moticr€ or made or to Stction by the insertion of Coin, or slEw. Appillmat agrees tLet t_i?e machine ficerused will be ogee ted la accordance to the City ofop*,-jock. of ruees and State and COMEtY r - Edon Rota in fforce. L MRchine Owner �e AGREEMENT (£o be signed by the owner of machine(s) -) I (we), owner operator of the coin machines) on this application, agree that there will be no payoff or aambuna of any kind in connec on with- this machine while it is located in the City of spa- 6oeka, Florida, and-tltat the. machines) so licensed will be operated in accordance with CiC\�¢7� uo�+ in effect. -- OW ER/T6�LANAGER S G ATURE sl - Machine Location a Address:��� h° Business --Name- c. Business Owner, d. Telephone(s): (To be signed by Owner/manager, or lessee, of estabtishruent at location of machine(s) ) I, as the owner /manager or lessee of the establishment where the machine(s) isfare located, accept placement of the machine under the agreemeSt that there will he no pyaff a f gamb ag�{f ay�y Fwd in connection with the mac ine while located in the establishment, and that the machine(s) so licensed will be operated in accordance with the City ordinances now in effect vWNEWMANAGER OR LESSEE-- Sworn to and subscribed before-me this day of 20 NOTARY PUBLIC, S I'A F, OF FLORIDA AT LARGE MIy commission expires: CITY HALL • 777 SHARAZAD BOULE 'V,-ARD, OPA- LOCKA, FLORIDA 33054 - (305) 688 4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE_ON THE BASIS OF HANnir.Ap Applif ant Name. b. Appli "nit Company Ngme: 17 c. Business Address: / Z , d. MRiling Address: d�5 e. Telephoue(s): D f TYPe Of machine(s)- 9. Machine Serial NuMber(s): 7'3'jV1 1? 1 AGREEMENT (£o be signed by the owner of machine(s) -) I (we), owner operator of the coin machines) on this application, agree that there will be no payoff or aambuna of any kind in connec on with- this machine while it is located in the City of spa- 6oeka, Florida, and-tltat the. machines) so licensed will be operated in accordance with CiC\�¢7� uo�+ in effect. -- OW ER/T6�LANAGER S G ATURE sl - Machine Location a Address:��� h° Business --Name- c. Business Owner, d. Telephone(s): (To be signed by Owner/manager, or lessee, of estabtishruent at location of machine(s) ) I, as the owner /manager or lessee of the establishment where the machine(s) isfare located, accept placement of the machine under the agreemeSt that there will he no pyaff a f gamb ag�{f ay�y Fwd in connection with the mac ine while located in the establishment, and that the machine(s) so licensed will be operated in accordance with the City ordinances now in effect vWNEWMANAGER OR LESSEE-- Sworn to and subscribed before-me this day of 20 NOTARY PUBLIC, S I'A F, OF FLORIDA AT LARGE MIy commission expires: CITY HALL • 777 SHARAZAD BOULE 'V,-ARD, OPA- LOCKA, FLORIDA 33054 - (305) 688 4611 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE_ON THE BASIS OF HANnir.Ap Jan 29 02 12a4ep CI1Yt3POpA_Lp€ I{. OCCUPATIONV, LICENsEAPPLICATLOIi � +'�t'tgh7ieupmtioaat LleerL -.Pj odrtg Pgrhtent 159 N P—,U A, e . Ogs -IockL F€., 33454 Teleppleaone: (305) M 2n i PAX: ('05-93 -2m3; Vcstsl,4 IM Dection $ 51.50 Pl mvm h'+sF m S 51.50 Coac Coarmpltaaee 5 30.00 TOTAL 3'.33,0(1 )—q, ZONM(; DISTRICT I3UMCFOR aAt /1 IsIease PI2t tT CLEPRLY and tearl this doe �rreen4 esgEZ before 7 �¢✓ fl(� /7 �.; !?� �7,r`"r��i' SLtSIPIES� �IATsiE '®' _ d .iS (ENCL4liiFNC 1gI: Id rigE) 7o e) BUSINESSADUgS 13USINE -55 TELEPHONZNUMBIEz s — SOCIAL SF-c !P%i;-1 t UMBEP, A" � � TWEDEAPPLICAt ONe dM,Y PwBDEZAEwf mBER AI DRZSSC'Y£At?�Et SPEC e ) &.EWE N CF1�t` G FOTW rI? pus z ss: VIDI�U # PAATNERSB'P XUI M OF X14�i L,0y;a�: (? 03�Ai 1t fit ) ! 113.E 14 DATEOFMrE la���'� [ YC.AISEiYi1PvEg �r 3T. MAILING TO 1 13 AiiIIIE &SSp iTFsB � �s st) A L�P2RT1RC CCLjEV I S) FJEQUE�P - IPTgON OF 01gA E d3P f LICENSE to T PA S � � DWEARATION OF &T&qg` 3 — G) astd goe__ tea ocEtet•�,ar L herebY ceet* Eh&9 the €mrorrnaEi, g1yffi ft Complete and accurate i eutdetst�trrd chat ,fray result fa destla3 of cite Orrxcp�tavrca,t Ldcerese_ I furthag ac€�toa -tcdge t1}ae Phe CTt s g fn3se yr €rauduIene �tate;rreafs tzasl� that #e snag have dgRe [4i the pCeartses prior to obtyjh the 3 iwll aot 6e he3d t+zsgoruiirle far any elearical worJ4 ptstmbLrcg Truck, slgny, etc. I agree to ape raw �+1ttt� City S ate a " <i-. notify er, t enwdelin changes, as sell es close of business. g'' the C1ty ofsziy L)pori atea g tlls - Pplicateoa, i hee�byeutlserize the CltYofO a Eoefa to ss sated uf�iz thole =Euess aRcV* ' b ioraii0a ss well as Code Camp snce u"Ce [o groom shed vn snv trtdiVidnei(s Btiiding Ik l?at eznt � oQy R, i2ade F"x a DtP&nment 2nd T ff E O` uAlm l� 7 i 3LG A'£LrRE AND ;<'fE'LE f SWORN TO AND SLTB CltiBM I3EF(1Rg TAI DAY OF t 20 � �Y -. Wanda J Eroncfak NO. A PUBLIC, STATE 0 FLOI23B� � ��y Commission CC�32 Expires April 12, 2992 w COMMISSION EXPIRES: OI'FIt'E HOURS: MONDAY i3IRU 1'KUi2313AS� 8:o0 Pint iO 5;0t} PIV1 FRtIiAY - S:oO .AM TO I Z.00 NOON l id � ' � ✓� ` ? 000 f 00 c uj PRIEP or ,f � S Y•-a fi7U31. 1 v ' ,'= ".fir-- - PRIEP or ,f I i3ERE$Y CE RT% ' "THAT" HE INFORMATION GIVEN IS COMPLETE AND ACCURATE, I UNDERTAND THAT R'L XING A FALSE OR FRAUD ULENT STATEIM[ENT(S) NUY RESULT IN DENYALJREVOCAT'ION OF im. OCCUPATIONAL LICENSE. I FURTHER ACrKNOWLEDGE THAT THE CTTY OF OPA- LOC`K4, SHALL NOT BE HELD RESPONSIBLE FOR ANY WORK THAT WE MAY HAVE DONE ON THE PREMISES PRIOR TO OBTAINING THE REQUIRED PER1t fTS FOR ALL ALTERATIONS, REMODELING, REPAIRS, ELECTRICAL WORD PLUMBING WORK, SIGNS; ETC; I AGREE TO OPERATE W%THmi CITY, COUNTY, STATE AND FEDERAL LAWS AND WILL NOTIFY THE CITY OF ANY CAANGES, AS WELL AS NOTIFICATION OF CLOSING OF BUSI- - - - - Please remit paymmtmade payable to: CTF.h'_OF QPALL- 0 KA Igo NORTH PER SIGNATURE OF ONAGER ( PIease ' ..le co m t title) OPA- VIZ AVEN LOCI►y FL 33054 - -' - -- All payments must b~ by check, money order or aeshier's check- NOTARY PUBLIC' S T ATE OF FLORIDA NO CASH PAYMENTS WILL BE ACCEPTTEIB. My Commission Expires: - -- OWNER. OR MANXPER MUST PROVIDE A COPY OF DRIVER'S LICENSE .OR OTHER P€�OPER PHOTO IDENTIFiCAT%ON. _SPELL NOTICE — BUSINESSES OPERATING VVITIi AN EXPIRED LICENSE MAST COME— INTO OUR OFFICE TO PAY ALL PAST DUE AND CURRENT LICENSE FEES, PLUS PENALTIES, AND SUBMIT ALL REQUIRED DOCUMENTATION, INCLUDING PROPER LD., RAKE ANY NECESSARY ADJUST ME2NTS,AND MAYBE REQUIRED TO HAVE REINSPECTIONS. OFFICE USE ONLY- ZONING APPROVED ZONING DISAPPROVED DATE BY: I FA THAT PAKH* YG- A MLSE OR �' dF6�R11/IATIQ�t�T PG1T I NIS �O PLETE AP7D!C( I ERSTA D THAT P/PAI� RESULT � DE v OCCWATIGNAL LIC`ENS , E ilRTgiER ACIIidO� LEI%GE TBAT TBE G!'� Y ®F _ Id OF THE HELD RESPONSIBLE FOR % BANE I�iVE GPd i � s�t�ERgg�E� �i� ® $TTAy�E THE K, SIGNS. TC- i lI S F ®R ALY, TERATFONS, Rp�E�IVl(t�3iEELING, R@tDA9RS, ELE t P�RF ®P.Y,, PLUIViBING E�1t3ItiC, SIGNS, E AGREE tD fDPk F A� E'TI> $d Y 1 j y y 4 ODrdT1'yI ATE AIYD PEI9EI, I.AFdS t1Ni)IIsL NOTIFY IEY THT III AiI? ANY CHANGEay.A S WELL AS NOTMCA t l® Pr OF � �SIRTG ®F 3b7SII4E95 - 4_ Wease rent Part made payable to:. SIGINATIR3EOFO 159PI4DRIB&yERXIZA P1jJE ,�dE- R/MIsNAGER (PIease a €aaa`ec'c title) � IAI.33054 AD Paymeats muse be; by check PI , STAVE OF FLORIDA Money order ar es aFer's check- MY Gamrasoa Expires: — PAYMENTS WILL BE ACCE Prm _ OWNER OR MANAqERMUSr PROVIDE A COPY OF DRnIERIS LICFNSE �� OTBB.F� PROF.ER PH T IDER'TMCATION.. SPIZC'Aj, NOTICE -- BUSMSSES OPERATING i7''OR AN E�P�2EID LIC�IR0 . ft�tIJSI t:OR1EEE INTO OCil� REQUIRED 'O I'AY ALL PAST ELM ANiD CURRENT LICENSE FEES, PLUS PENALTIES, AND Stn31VII t ALL I2E ®D3REl� C -UP d FAT %QIV7 INCLUDING PROPER Lib.4 � AI��' NECESSARY PE ALT AIDJ fJSTM- ENTS,.AND MAY. BE REQUIRED TO HAVE REINSPECTION& - DFFICE ITSE ONLY_ 76SPc1iN9* f DDDetFfe74f �.�n. -. BY. MISA4'i'I{uvw EPA CO &Fl " °" o iTY OF BROTHERHOOD AND SISTERHOOD" 'Oecapatiorml License Depar rent 159 Nardi FerVa Avenue 67pa- locks, FEL 33054 Telephone. 305-953 -2827 pacsLnUe: 305-953-2329 Gccup datz9 Licence ND. Business No. RENEWAL NOTICE APPLICATION FOR CGIN -OP Et?ATED OCCbPA-IT014AL LICENSE Appiicagon is hereby made prumu -nt to Opa: -lo&a Co -e of 633 dL- aace✓, Chapter 139 Ardcle V, Coi,T -0aerate4d Devices, Seed arcs 13 -92 UL-ur 13 -102, to operate, cses-- 0 Peri it to operate as p €- .CMae, Cailtr ea -ace9 a dcrice h-1 ch fs set Em raedory armade or p<rzved to f4acdon by the iasertioa aFa aoLn or slug. Appii�rt agrza thet the coact see ilece�� �i� T� operated in aceued rce to the City of f)Em--la-,F- ovispences €aid S-tefe and Cam* rem[? does now E? fame. L Machine Owner as Applicant Name; b. Applicant Compony Name.- 6Y. Business Address.- d. Mailing Address- 15AAr111-- 'IV-6- e. Telephaae(s)a- 3f�� — 6 e5—� f Type of machine(s): 14 g. Machine Serial Nurnber(s): -j . AGREEMENT ("To be sigaed by the owner of machine(s) -) I (we), owner /operator of the coin machine(s) on this application, agree that there wilt be no payoff or gambling of any kind in connection with this machine while it is located in the City of Opa- locka, Florida, and-that the machine(s) say licensed will be operated in accordance with City 0 now in effe OWNER/I "AGER SIGNATURE II Machine Location ao Address: ha Bnsanm Name: ee Business Owner: do Telephone(s): (To be gigged by owner /manager, or lessee, of establishment at location of machine(s) -) L as the owner /manager or lessee of the establishment where the machine(s) Ware located, accept placement of the mace under the agreement that there will be_pio- payoff or gamb a�f sett+ kind in connectio€¢ with the mac while faceted is the establisbsnent, and that the machine(s) so licensed will be operated i,� accordance with the City ordinances now in effect. GVnVE rhMINAGER OR LESSEE. Sworn to and subscribed before -me this day of NOTARY PUBLIC, ST'A'TE OF FLORIDA AT I ARGE My commission expires- 20 CITY HALL > 777 SHARAZAD BOULEvid.RD, Of'A- LOCKA, FLORIDA 33054 e (305) 688 -4611 -_S' R� W gig -00 ------ -- --- -T fUEEN- OT-1 Un - i i NY I � , f -.*. , -1 A `-113 s. _R611151ONS ull 6ffi5-W-T --o T I T :e:" .17 AGE 18 k, -s FLO' 71MUL 07 - - - - R �; AM M z WQ. MUZART -7 .1 SAPPA a `7: A , tlmki_� ve: .$`A or. J, at :..Orf A -'f".77 Me,; P :07, V N-M 6 f AP.P_ 0 ............ -A K ,tR! Oil, 7" P-A AWIREM EAR -Y W.M ISAPPRC go AICII -M 9 Cou M 3 r 76�__ g, NO-,R 21 M� R CkVF m a, A N; 1;2 �r.z 75.i 44 �SAPPRoi P V �R_ I M ........... T-C..; all E .7 4.A TIMPZ� UA, ill- ; - - - -t .: :.% ; in - i - F. . , s J.., bi ff S 1 F �_v 4 t. - CAS AE, ;IP 0. TN _NT OALLIN AtUAR -REFUNDA KO 60 DO NQT:QnRATE 00NESS Q TIFIQATE OF U 'd SE ANb U .'ISSUED. E Clio OREEN .7 q W `�7 Q_ �7 gm .;7 7 -OF LL -330W W: e o t 11 7W kPIN, T� -DAI _1990W. VAQU TV' L —4, r Ift �ZWU- 00I V -1.— 50- T., N. f E) 11,11AWN-5 MR PR . 2 'N ju A 'F��.-MMUMSM-0 0, M vkm: 1 p; ;L SS9 �15 ly,.. -'Q M 514f TF ---rat- A S,17 , R ab MAN, J A!�. sm , 77 qs _2 !Y: .6 %FOF 0- .0 'Eft CE PATIO dttympfot V --Pit 0- -CY ------- 60-EVS. E j - �--- -_ --A CER fM To.-T-H J -__t - ._ - , , - V __*� - -_ AP; uh t _C K ME F -i a [ISAPFRC -65� TITTUT�' .4a bY N -A J C T f�.YpT 7 Ms., .6y: 32 tl, MLN MA_ -Finance Dept. Goldenrod -0cense Dept C lice D ept pink er File �Plnai�p C Graie -CustOrn 1:7 MW Director OCCUPATIONAL LICENSE APPLICATION PLEASE PRINT CLEARLY- PLEASE READ CAREFULLY BEFORE SIGNING BUSINESS NAME (I BUSINESS ADDRESS BUSINESS TELEPHONE NUMB (S) SOCIAL SECURITY OR FEDERAL ID NUMBER TYPE OF APPLICATION: NEW 0 TRANSFER OF OWNER RENEWAL (j NAME CHANGE () CHANGE OF ADDRESS SPECIAL FORM OF BUSINESS: INDIVIDUAL( PARTNERSHIP( CORPORATION OTHER( NUMBER. OF EMPLOYEES BUSINESS OWNER (S) NAME (S) ADDRESS TELEPHONE NUMBER . -(S) DATE OF BIRTH .,s. DRIVER'S LICENSE NUMBER & STATE 5 g- -/VO - -2- __a o MAILING ADDRESS (LICENSE RENEWAL WILL BE MAILED TO THIS REQUEST FOR EXEMPTION OF OCCUPATIONAL LICENSE FEE (ATTACH SUPPORTING DOCUMENTS) NONPROFIT( CHARITABLE( OVER 65 ( ) DECLARATION OF LATENT If hereby affirm that I intend to use the premises as outlined on the Occupational License application solely for the purpose of: N and for'no ether Purpose hereby certify that the information given is complete and accurate. I. understand that making false or fraudulent statements may result in denial of the occupational license, I further acknowledge that the City shall not be held responsible for any work that we may have done on the premises prior to obtaining the required permits for all alterations, remodeling, repairs, electrical ;pork, plumbing work, signs, etc. I agree to operate within City and State laws and will notify the City of any changes, as well as close of business 17PON SIGNING THIS APPLICATION, I HEREBY AUTHORicZE THE C3[-,y-OF OPA-LOCKA TO RUN A POLICE BACKGROUND CHECK ON ANY INDIVIDUALS ) ASSOCIATED WITH THIS BUSINESS � OR AS CO 9 ENFORCEMENT DIVISION BUILDI �I�EPART �TI� S WELL INSPECTIONS Signature & Tltle Date /ems Signature SKI i Fate SWORN AND SU13SCRIBED BEFORE THIS DAY OF NOTARY PUBLIC STATE OF FLORIDA My COMMISSION EXPIRES City of apa -Locka Building & License Department 12950 N.W. 42nd Avenge Cpa- Locka® Florida 33054 Tel. (305) 953 -2827 Fax (305) 953 -2824 Open Monday through Friday 8:30 A.M. to 4030 P.M. r� W ELCO, CIE TO A NI- ETING OF THE CITY OLD OFA-LOCKA CITY COMMISSION City, Co ission Mayor Myra L. Taylor 'Vice Mayor Dorothy Johnson Cc-mmisslGaner Tim, othy Holmes Co ssiorrner Gaff E. MWer Cog� ssioner Rose Tydus jAkNUAR ' 119 2012 SPEANKING BEFORE THE CITE' COMMISSION Appointed Offleials Bryan K. Finmle, City Magager Josef h S. Golfer, City Atterney Deborah S. Irby, City Clem NOTE: All persons speaking shall come forwaid and give your name and address, and the name and address of organization you are representing. There is a three (3) minute time limit for speaker/citizens forum and participation at all city commission meetings a public hearings. Your cooperation is appreciated in observing the three (3) minute time limit policy. If your mat requires more than three (3) minutes, please arrange a meeting or an appointment with the City Clerk prior to t commission meeting. THANKING YOU VERB' MUCH, IN ADVANCE, FOR YOUR COOPERATION SECTION 2 =58 DECORUM: Any person making impertinent or slanderous remarks or who become boisterous wli addressing the commission, shall be declared to be out of order by the presiding officer, and shall be barred from furth audience before the Commission by the presiding officer, unless permission to continue or again address the cone issi( be granted by the majority vote of the commission members. City of Opa -locka Ordinance No. 91 -12 adopted September 11. 1991 requires all persons appearing in a paid enumerated representative capacity before the city staff, boards, committees and the City Commission to register with tl City Clerk before engaging in lobbying activities. A copy of said ordinance is available in the Office of the City Cler 780 Fisherman St, e Floor, Opa- locka, Florida. PURSUANT TO FLORIDA STATUTES, CHAPTER 285.4105. "If a person decides to appeal any decision made t the hoard, Agency or Commission with respect to the proceedings, and that, for such purpose, that person may need i ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon whit the appeal is to be based." asay (Myy 011 &9U9c1U0p] . seem (6Q CITY OF OPA -LOC "The Great City" Lp7�� FL //�� A AGENDA R COMMIy31311riJ/N MEETING JANUARY 11 ' 2012 i :00 Potts. City C® ssfonn Chambers: 777 Sbaraza -d Boulevard Opa -1 cka9 EL 33054 Io CALL TO ORDER: 20 ROLL CALL- 3a INVOCATION: 4. PLEDGE OF ALLEGIANCE- 5. APPROVAL OF AGENDA: &, APPROVAL OF CONSENT AGENDA AND PULL LIST (deferrals and deletions). 7. A-WARDS/PROCLAM-ATIONS/ACKNOWLEDGETAENTS- CO NDATIONS Jeraldine Brown PROCLAMATIONS There ar' a none RESOLUTIONS Cleo Braxton Evelyn Davis Columbus Lee S. APPROVAL OF I NUTESa Regular Conu W.ssion Meeting — I2/I4/24II 9. I7 "' CONGRESSIONAL DISTRICT OF FLORIDA REPORT: 109 STATE SENATORS REPORT: IL STATE REPRESENTATIVES REPORT: 12. DISTRICT ONE o COUNTY COMMISSIONER REPORT- Regular Commission Meetitlg Agenda — 01/11/2012 1 13. 'IA.UlM7 ,DAD E:COUN'T)("F-IRE"REI SCUEA DEPARTMENT REPORT: 1,n. mc-Plags .1 UB . . ENTATION- 11'a. CITIZ8WFORIM:� (oppiorkli Rlifty for distussFic-iij, of any concenris - pf(-�ase to 3 u.,Ajnultes) 15. Arl--TIOr,,T ITEMS (ftemis frojam conseiao, *,geriida V,ufl 0sty: 16. NEW ilSa 17. PLANI-qNG & ZONINO.-. T. A gUi-SOLUTION OFITIE CITY COMMISSION OF 'THE CITY OF OPA- LOCI", MAMMA, TO GRANT ALL JAPANESE ENGINES HOLDINGS, AS -'RTY, THEIR REQ OWNERS OF PROPE L VO4- A CONDITIONAL 1USE.FOR ALUMINUM SMELTING ( -M REFINING OF METALS IN THE 1.2 (LIBERAL INDUSTRIAL) ZONING DISTIUCT, AND TO ALLOW OPERATION OF AN ALUMINUM SMIELTINC, OVEN AT THE PROPERTY-LOCATED AT 2300 NW 150"' STREFT, F01,00, NO). 08-2122-025-0110, AS S11B,;rtr-T T() CONDITIONS STATED IN ORDINANCE NO. 11-06; MOVIDING Fok. INC ORPORATIO N'OF- RECITA LS; RRO'YIPING FOR ,AN EFnq'('Tj VE DATE. Sponsored by C.M. B. APPEALS- 18. OPI)INANCESIPESOLUTION&PUBLrC HEAPING- Ac M!,,ST REA,DmJG:, SECOND RE ADING/PUBL C REARINQ - I . 1. J - . ,,kjr. 1. AN QRDII�tANCE OF THE Ef - TY C0M1.V AS,81ON OF TM CITY PAS. LOCFKA FLO1IDA7, A,W 41)INQ- SECTION 21• 90 DE OF THE CODE, OF OIRMNANCES OF THE CITV OF OPA-LOCKA; PRO'rqDR,[G FOR INCORPORATION OF RECITAL$; PROVIDING FOR CONFLICT ANQ REPEALER- PROVIDING F0 R SFVERABILITY A;qD -CODIFICATION; PROVIDING FOR AN E FFE CTIVE DATE (first readhig field on December I'l 2011). Sponsored by C.M. C. RESOLUTION/PUB'LIC IfEGAFINC: A RESOLUTION OF THE CITY CKW1U5NION OF --,T)M CITY OF! OPA. LOCKA, FLORIDA, TO GRANT ALL JAPANESE ENGINES HOLDINGS, AS OWNERS OF THE PROPERTY,. THEIR REQUEST FOR A CONDITIONAL ]Regular Commission Meeting Agenda - 01/11/2012 2 JUSTE FOR ALUMINIUM SMELTINQF OIL REFINING 014" IVIIETALS IN 'ITIII I -2 (LIBERAL INDUSTRIAL) ZONING DISTRICT, AND TO ALLOW OPERATION OF AN ALUMINUM SIVII+;I,TING OVEN AT THE PROPERTY LOCATED D .A 2300 NW 150TIl STREET, FOLIO NO. 08 -2122- 025 -0110, AS SUBJECT n) CONDITIONS STATED IN ORDINANC F, NO. 11 -06; PROVIDING FOR INCORPORATION OF RE(.ITAL, ; PROVIDING FOR AN 1,,F + RCTIVE DATA. Sponsored by (.M. P. A ii hIINIS°I`RATTOi I CC)N, -, J1 ANT AGE N IDA T temm listed u ides the .Consent Agejdra are viewed to be eo€ctine and the reeommendatiou wilt be enacted by one modcon in the fim7.,a irsted below, by dUciusion is desired the tem(,$) Tt ill be removed. frorra the Consent ljerda and gilt be considered separately. lilt 6r€serit ResQtvti©ns will' e 're¢d by Ci¢le. Ie A J11" ESOLUTIG T O F TIIJE CITY COI [Ti �Ill5,S1011 OF 7CII8' CITY OF. OPA.= LOCI1 <a, FI Q1RJD - .AIFY TR E CITY �N�f, ll I A��R'S EXPENDITURE EOI? THEE EMERGENCY JPUIR Q__I-M8E OF ]FOUL VALVIE A1?',Tlly AIP'PlI RTP4,NANCE+ COS'll HIG TW EIS TY- N uNQIIE T)C OUSA Nb PfVIE l[ » lEl[GHT DOILL, A S -ANDS FOII1`11" -141 -V E cCEIJ�,JI'S ($2795 ®��5j ll��Ll[� �18�7N;IY�vI'NCY 1R.IEPA-19 OF PUMP TAIC' 619' 14 FORCE MIAJIT4 �A�,TVI ' : tPA�l ll,1E I{R01V>< A,(qCOIUNT �T4T1!/1I7f$IE -R 35 5356J� - PROVIDING FOR l[I�IQ`'OI� F'ORATI ' .OF R EC) TA,LS9 k ROVIODIINT I1 +OR AN. JEVI +L+ C7f'JIVE DkTEe Span ;sored by C.M' 72. �(^1'�� RE80 L1U�J' IOm1�- ���01[ � ''7!7G�177E[�ID�E'.}Cryl�['r'I�''�Y r�7C? gO�(' �] V,11/�W;td�I�'+q�JnQ��/{II���T, Q�P''/7`1C71�[�7f�17E Cl[�'JIt O,{'IYL��,.t.a�PA_ IL�CII�A9 FLORIDA A, TO A�LITHO RIDE JL.N.r�N�.j"'CllL] A 1V1[,AI\TA6- "IR TO !ACS F,' AA. IVffA 1II =DA-P]C COUNT' RAN'T FOR THE CITY OF OPA-L CKA YOUTH C lmE PNEENTION PROgftAm IN TBE l . YOUNT OF FORTY-ONE THOUSAND THOUSAND SIX �RED ALTO FIFTY DOLLARS 41,650 60)9 PROVID It TG FOP' ]ITCORPOR A�'ION OF RECITAL S; PROVIDING FOR AN EFFECTIVE DATE. Sponsored_ by C 1V. 3. A RE, SOLUTION OF THE (CITY COi It�,'IJION OIF THE CITY O1F OPA- LOCI� A9 FLORIDA, TO S>I'IEtCIIE'Y THE TERMS OF COMPENSATION ®�+ BRYAN Ifro I+ILOIl�T1[E AS CIITY 1C�dANAG +Ri P�OVD[DII�IG lL +'�JiI� I1�TC01�P ®I(��l TI01 1' Ie°.IECII'I'�,IC,S; PROVIDING FOR A,N EIFFECTrVE DATE. Sponsored by D.J. 4... A R SOLUJTIQ'D1�T OF THE Cf"I Y COlVAmIR3110N Off'- ')cH]E CITY OF OPA4 I.,OCkA, FLORIDA. `110 REMOVE ll1RYAN. k. AS THE CITY MANAGER, R, D1UE TO LACK OF CONVID)ENVC)E; PROVIDING PAP IN�C�I�ll?°OI�hjWN OF RECITALS; PROVIDING FOR AN E�+I,+L+Cs7[TIVIG.0 A'JCE; Sponsored by TA. A. CITY MAD4A GER'S Tip i,PU?PTo 0'.. ACCOUNTS NPAVABLlE: I egr�l Comm mission Meetin Age a — 01/11/26112 3 20. OFFICIAL BOARD REPORTS-. CiAl Service Board — minutes of November 17, 2011 sub-nnift-ted 21. CITY ATTORNEY'S REPORT: 22. CITY CLERKCS REPORT: 23. MAYOR/COADUSSION REPORT: 24. OFFICIAL BOARD APPOINT�NTS- Charter Review Board — 3 -kindivid-01 appointments (Taylor, Johnson, Tydus) Historic Preservation Board — 9 at-large appohatm-eints Plamening Council — 2 at-large appointment Nuisance Abatemnent Board — I at-large appolintment Community Relado-pas, Recreation & Activities Advisory Board I individual appointment (Tydus) Zoning Board of Appeals — I at-large appoinifinent 25. ADJOURNYMNT: SCHEDULE OF FUTURE WORKSHOPS/OFFICIAL ACTIVITIES A. The "Great" City of Opa-locka presents the Honorable Myra L. Tay9or State of the City Address ® Friday, January 27, 2012 @ 7M pm , Historic City Hall, 777 Sharazad Boulevard, Opa4ocka, Mforida. B. Our Vote Is Our, Voice,, Let's Speak Up!! PRESIDENTIAL PREFERENCE PP"ARY, January 31, 2012 — Please call for additional information: (305) 688-4611 or (305) 499-8683. Regular Commission Meeting Agenda — 01/11/2012 4 `,'1T`,'4' 0 cull A�L®xCII�A "The - .7�r�eega�mstaty,- CLERK'S ACTION SJMvAky _'} �saiiT7_gT �Te�y, UEC UL AR, COML�Y9'J_ JANUARY 11, 2012 PKA MTJK PTi P/VL COMPT ,flex 780 ?t isiherma;n street ��`� floe ®pa- locka, FL 33054 to CALL TO ORbE : Mayor Myra L. Taylor called the meeting to order At 740,0-]P m. on Wednesday, January 11, 2012 on the 2�0 Floor of the Cpa-locka IEAunicipal Complex, 78€1 Fisherman street, Qpa4ocka, Florida. 20 ROLL CALL: The following members of the City Commission were present: Vice Mayor Dorothy Johnson, Co-mmissioner Rose Tydus, Commissioner Gail Miller, .Carnmissioner Timothy Holmes and Mayor Myra L. Taylor. Also in attendance were: City Manager Bryan K. Firmie, City Attorney Joseph S. Geller amO .City Clerk Deborah S. Irby. so INVOCATION: The Invocation was delivered by Mayor hAyra L. Taylor. 4. PLIE.DGE OF ALLXGIANCEo The Pledge of Allegiance was recited in w3ison. 5. APP PROVAL OF AGENDA: 6. APPROVAL, OF CON IE11T AG'pO,ND Al�?Il 1�IJTL:ITi�. LIST (def xrals anu dekdonns)e separatel wing resolutfas, ,. Thy f ©11 were. pulled from tiie Consent lgeid to be- discussed y under agenda item 15 — Action Items: 19,2; 19 -3 (Johnson ); I'9 4 ( ller) and 19 -1 (Holmes )'. Manager Finnie, deferred ,agenda items 17A.1 and .18C1..to allow. for the item "to go bacic veore the Planning Council: It -was moved by'Vice Mayot Johnson; seconded by, Commissioner IVtiller to. approve the agenda, consent agenda and pull lisi. There being no discussion, the motion passed by a 5 -Q, vote,. ReFru f ar Co'F3'tG1 fsspol i Meeting Whin ute2 — 01/11/2012 Manager Pinnie replied, Dr. Ezekiel O�i, the City Clerk Deborah Irby and himself as the City Manager. 7. AIV�.PPDS/ PROCLAMATIONS /AC O LEDGEMENTS- Commissioner T ydus along with the City Commission presented a commendation for Business of the Month to Eloy Romo of Romo's Pizza for his dedication and commitment to the community. Mayor 'Taylor congratulated and welcomed the new Deputy Chief Sanchez of the Opa- locka Police Department, APPROVAL OF MINUTES-. Regular Conlraission Meeting — 12/14/2011 It was moved by Vice Mayor Johnson, seconded by Commissioner biller to approve the minutes of the Regular Commission Meeting of December 14, 2011. There being, no discussion, the motion passed by a 5 -0 vote. Commissioner Holmes Yes Mice Mayor Johnson Yes Commissioner Tydus Yes Commissioner Miller Yes Mayor Taylor Yes 9. 17" CONGRESSIONAL DISTRICT OF FLORIDA ]REPORT. 10. STATE SENATORS REPORT- 11> STATE REPE.ESENTATI S P�PO 'T: 12. DISTRICT ONE - COUNTY COMMISSIONER REPORT: Larry Gardner, Community Liaison for Miami -Dade County Commissioner Barbara Jordan's 'Office (District 1) came forward and provided information on the availability of the Mom & Pop grants for businesses. As it relates to the redistricting, Vice Mayor Johnson said she noticed a portion of the City of Opa -locka was lost to District 2. She said she was appreciative of the notice provided by Commissioner Jordan regarding the meeting held in which Commission and community support was needed. In moving forward, she requested that the Commission receive as much information as possible. Regular Commission Meeting Minutes — 01/11/2012 She added that the Urban hangers also indicated that they will soon have to cut the alleyways because the current contractor will no longer be providing those services. Due to the Urban hangers hard work and added duties, she encouraged the city to provide those employees with an increase. Vice Mayor Johnson suggested that employees be directed to the right channel if in fact they are approaching citizens regarding employer concerns. She added that she was approached by several individuals regarding job openings for Urban Rangers which she has no knowledge of In reviewing the November and December check registers, she noticed $ 192,000.00 expenditures which she is concerned about and although it is budgeted for, the city shouldn't be spending every penny. Of further concern was the culture, treatment of people, and performance because at the end of the day the city should be dealing with the Department Directors to make sure there is 8 hours work for 8 hours pay. She further stated that it is wrong for any member of the City Commission to get involved with the day to day operations of the. city, but it is happening and it is wrong. If all of this is happening, then it must be addressed through the proper channels because there are too many people in this city playing games. 4. Victor Frais, Principal of Forth Park high School came forward and provided a brief overview of the school which is located in Opa -locka and servicing youth between the ages of 16 -21 who are currently out of school. 5. Linda Parker, resident on Arabia Avenue, Opa- locka, Florida, appeared before the City Commission and expressed her concerns relating to one of her neighbor's children not being able to receive a toy at the Holiday in the Park. 6. Luis Santiago, an Opa -locka resident, carne forward and commended the city for the improvements in the Opa -locka Police Department and the administration for doing a great job. Because everyone is always watching the decisions of the city, he'said the New Year is a great time to make changes and resolutions for the betterment of the community. He encouraged the Commission and staff to keep up the good work. 7. Jason Higgins of 138751W 22nd Avenue, Apt. 253, Opa- locka, Florida, appeared before the City Commission and expressed his many concerns _regarding the 22 nd Avenue Apartments that included an increase in crime due to the lack of on site security, lack of housing inspections, curfew not being enforced, increased drug activity, trespassing, sexual activity and the overall poor management of the facility. Nice Mayor Johnson agreed to contact Cindy Broussard of the 22nd Avenue management team about these concerns. Mayor Taylor suggested that the City Manager look into and address the concerns. She further encouraged Mr. Higgins to report any signs of retaliation to the Chief of Police and the City Manager.- Regular Coy ndssion Meeting Minutes — 01/11/2012 5 It was moved by Commissioner Holmes, (Mayor Taylor relinquished the gavel to Vice Mayor Johnson) seconded by Mayor Taylor to consider 19 -4 before 19 -3. There being no discussion, the motion passed by a 4 -1 vote. Commissioner Tydus Yes Commissioner Miller No Commissioner Holmes Yes Mayor Taylor Yes Vice Mayor Johnson Yes Vice Mayor Johnson returned the gavel to Mayor Taylor. 1. (19 -1) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO RATIFY THE CITY MANAGER'S EXPENDITURE FOR THE EMERGENCY PURCHASE OF FOUR VALVE AND APPURTENANCES COSTING TWENTY -NINE THOUSAND FIVE HUNDRED EIGHT DOLLARS AND FORTY -FIVE CENTS ($29,508.40 FOR EMERGENCY REPAIR OF PUMP STATION 14 FORCE MAIN VALVES, PAYABLE FROM ACCOUNT NUMBER 35- 535690. PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Sponsored by CM. The above resolution was read by title by Attorney Geller. It was moved by Commissioner Holmes, seconded by Vice Mayor Johnson to pass the above resolution. Commissioner Holmes asked for an update on the progress of pump station 14? Manager Finnie requested that the Public Works Director come forward to respond to the question presented by Commissioner Holmes. Fritz Armand, Director of the City of Opa -locka Public ",forks Department came forward and reported that the pump station should be completed by the end of April 2012. There being no fu Cher discussion, the motion passed by a 4 -1 vote. Commissioner Holmes No Vice Mayor Johnson Yes Commissioner Miller Yes Commissioner Tydus Yes Mayor Taylor Yes 2. (19 -2) A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO AUTHORIZE THE CITY MANAGER TO ACCEPT A MIAMI -DADE COUNTY GRANT FOR THE CITY OF OPA -LOCKA YOUTH CRIME PREVENTION PROGRAM IN THE AMOUNT OF FORTY -ONE Regular Commission Meeting Minutes — 01/11/2012 n Commissioner Miller expressed her frustration with the constant change in City Managers and said that every time an individual on the Commission gets mad they want to remove the City Manager. She stated that the city will never be a "5 Star" city if the Commission continues to fire and hire City managers. Commissioner .Holmes made it clear that this was not personal and he continued by providing a list of allegations against the City Manager that" included issues concerning the attempt to outsource the Cade Enforcement and Building & License Departments, taking away Code Enforcement Officers vehicles, failure to require businesses to display the "No Saggy Pants" sign as required in the ordinance, failure to follow through with his numerous requests for an inquiry on Johnson Controls, failure to look into an early retirement -package for employees, failure to move forth with renovations /repairs to Historic City Hall following the $2,000,000.00 grant award from Commissioner Jordan's office, failure to follow through with the rulings of the personnel Board on employee matters to reduce costs, failure to adhere to Judge orders on matters concerning former employees, failure to repair low area on NW 151 st Street at NW 32' Avenue after numerous requests, failure to provide information by specified date as requested by a colleague at the last commission meeting regarding the city's 12 bank accounts, failed to take a proactive approach for relocating city offices from Town Center Building to save the $6009000.00 annual rental fee, failure to address the mold at histor=ic City Hall in a timely fashion, not addressing the city's pump stations, the existing low morale of city employees, failure to make sure Sherbondy Village project had adequate parking spaces, failed to move forth with the renovations at Segal Park, and inability to respectfully address his staff. He said these are the reasons why he sponsored the resolution because he can no longer have any dealings with Mr. Finnie. Vice Mayor Johnson said she -would not support this resolution because she is not 100% convinced of what Mr. Finnie can do; but she has seen improvement and with some guidance, direction and commitment, the City manager can get the job done. She said she is willing, based on the previous resolution, to go until June 30, 2012. However, she is concerned because she feels personally that too many employees run to the Commission when things don't go their way and the Commission interferes. She expressed her concerns relating to employees taking their grandchildren to school in a city vehicle, employees taking things for granted and not correcting the situation, and lack of employee loyalty and pride in this city. Everything her colleague mentioned indirectly to the City Manager, but shame on each of the department directors and employees because they are not doing their jobs. The job will not get done when every time something doesn't go an employee's way, that individual runs to a commissioner. She continued by saying that this city will never be a Five Star City because it is corrupted until they don't get leaders and employees that want to do the right thing. She further stated that she could not be supportive of this resolution; however, she does think the salary should be reduced until that person has proven themselves to that salary. Regular Commission Meeting Minutes — 01111/201 9 Since the city doesn't pay staff based on accomplishments, but based on the pay scale budgeted because sometimes the city escalates which leads to a deficit at the end of the Year, Mayor Taylor said she would have like to have the pay scale in front of them. Commissioner Holmes suggested that the resolution be continued until the next meeting to allow for the Commission to be provided with the necessary information. Mayor Taylor also suggested that the resolution be deferred until the Commission can have all of the facts in front of them. Nice Mayor Johnson stated that if the Commission holds on this resolution, the City Manager would be operating on the current resolution approved with a monthly rate of $8,750.00. She provided her reasoning for not wanting to defer the resolution. Commissioner Miller suggested that the vote be taken on the resolution because it is unfair to put the City Manager on hold because everybody is upset after things didn't go their way. Mayor Taylor explained that this was not about the City Manager, but about the concern Commissioner Tydus raised and the Commission not having the pay scale before them to be able to determine whether any department director salary is more than the City Manager. She said she had already given her issues with Mr. Finnie on more than one occasion and as Mayor she cannot support him as City Manager of the City of Opa- locka. There being no further discussion, the motion passed by a 3 -2 vote. Commissioner Miller Yes Commissioner Holmes No "ice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor No 16. NEW ITEMS: 17. PLA -NNING & ZONING: A. HEARINGS: B, APPEALS: 1�= ORDINANCES/RESOLUTIONS/PUBLIC HEARING: A. FIRST READING: D. SECOND READING /FUbLIC HEARING: I. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- I ®CIA, FLORIDA, AMENDING SECTION 21 -80, I3EPOSITS, OF THE CODE OF Regular Commission Meeting Minutes — 01/11/2012 i1 Lastly, he provided an explanation of the correspondence from the Office of Community Development relating to the city's relocation of offices to Sherbondy Park as a governmental building. Mice Mayor Johnson suggested that the City Manager seek legal advisement from the City Attorney relating to one of the city's department obtaining a 501 c3 without approval from the city as reflected in the packet provided to the Commission. Manager Finnic agreed with Mice Mayor Johnson 100 percent because the city is the fiduciary agent for Weed & Seed, In the meeting, he recommended to Need & Seed that they not move forward until the Commission provided approval, but they disobeyed the directive and they were counseled by their attorney that they could move forward. The board is represented by the US Attorney's Office. Nice Mayor Johnson questioned as to how the board for Weed & Seed is represented by the STS Attorney's Office when the Commission that governs the city doesn't know anything about it and that needs to be corrected. She continued by voicing her concerns regarding the garbage on NW 22"d Avenue, charges for Direct TV for the Public Works Department as listed on the check register when the city has Comeast, keeping the Commission aware of the hiring for Urban Rangers, and providing notice in advance for events and activities taken place in the city. Commissioner Holmes reiterated that it was not personal with the City Manager, but he would be taking notes and holding the City Manager accountable for what he says he is going to accomplish in the city. Corr-Lnnissioner Tydus directed the City Manager and City Clerk if they are in fact using profane language when speaking to staff to cease and desist from this moment on because it is not conducive to a good work environment. After hearing what Mr. Finnic reported on the use of Sherbondy Park, Mayor Taylor said she did not believe a word of it that the attorneys at the county would mislead and misinform her. She said she read what the City Manager provided and it has stipulations. A good portion of the city's money came from the bond, not from the county; only a small portion came fiorn the county. She challenged the City Manager on what he said relating to this matter and said that she asked the City Manager from the beginning whether he had a conflict of interest because she knew there was some sort of relationship between him and owners of Town. Center. She went oft to say that she was not satisfied that the City Manager does not want to move out of this building. She continued by saying that she has made her position perfectly clear to the Commission. She believed that the City Manager is slowing this up when the city should have already been in the process of giving due notice to get out of this building and save the people money. B. ACCOUNTS PAYABL {+ Regular Comflnisslogn Meeting Minutes — 01111/2012 13 Mice Mayor Johnson said that the City Attomey reported the exact same thing relating t� the charter amendments at the last meeting and she needs something to be on the agend at the next meeting or at least by February 1, 2012. It was moved by Vice Mayor Johnson, seconded by Commissioner flolmeS to direct the City Clerk and City Manager to submit the charter amendments in draft format to thf Commission by the first regular commission meeting in February 2012. Mayor Taylor asked, is that enough time? Attorney Geller referred to the City Clerk City Clerk Irby advised that the direction was for her to review the Miami Gardens charter; however, there are charter amendments from several years ago that have come to the City Commission numerous times. She asked, does Vice Mayor Johnson want those same charter amendments to come back? Commissioner Tydus reminded the Commission that they received a copy of Miami Gardens charter months ago and by now they should have familiarized themselves with that; therefore, she is in favor of Vice Mayor's motion that in draft Clerk form, the City Cl and the City Attorney present them. with what they have been working on C the first meeting in February. There bung no further discussion, the motion passed by a 5 -0 vote Commissioner Miller yes Commissioner Tydus 'Yes Commissioner Holmes 'yes Vice Mayor Johnson yes Mayor Taylor yes Attorney Geller provided art overview of the CRA process as requested by Mice Mayor Johnson. Vice Mayor Johnson said she would get together with the City Attorney to discuss the CRA and the status of the 50163. Mayor Taylor acknowledged the presence of Attorney Oliver Gilbert, 111. Because Mr. Gilbert is an elected official, she asked, would the upcoming election have an affect on the City of Opa -locka as it relates to his position with the city? Attorney Gilbert responded by saying it would not have an affect on the city. At the request of Mayor Taylor, Attorney Geller provided further clarification as it relates 'to the CSY issue. Regular COMMission Meeting Minutes — 01/11/2012 15 needs. She expressed her concerns about being notified at the last minute of the press Conference that was scheduled at the Gardens Apartments which she too attended. She went on to provide an update on Larry Hill, a scholarship recipient from last year's scholarship awards banquet. Lastly, she reported that she received a telephone .call from a woman in North Carolina whose 7 year old daughter found an old key engraved with her mother's name (Mayor Nolen L. Miller). In appreciation of them sending her the key, she sent them a commendation and "thank you" letter. Mayor Taylor suggested that Commissioner Miller consider mounting the key in the Commission Chambers. Commissioner T ydus announced that in observance of Sanctity of Human Life Month in January, she has joined Florida Baptist Children's Home in what is being called "Love Gpa- locka". This would consist of a medical mobile unit at Historic City Hall (par -k ig lot) on Saturday, January 21, 2012 from 8:30 a..m. — 12:00 noon. Additionally, she announced that starting on the last Saturday in February 2012, she will begin the Lunch & Learn Cinema Saturdays at 12:00 noon. Vice Mayor Johnson announced the portrait of Empowerment's 2012 Essay Competition and said the information was sent out to all principals in Miami -Dade County. Mayor Taylor reported her attendance at the Holiday in the Park event and US HUD press conference involving the renovations at the Garden Apartmmn'ts. She said that she will get additional information to be able to provide to the tenants. She continued by saying she met with the managers of the airport and the meeting was going good until they began discussing changing 'the name of the Qpa -locka Executive Airport. She asked that the City Attorney write a letter expressing the fact that the Mayor objected to the name change. Commissioner Holmes suggested that.the City Attorney prepare a resolution opposing the name change of the Opa -locka Executive .Airport. Mayor Taylor agreed with Commissioner Holmes and asked that the City Attorney bring back a resolution. She continued by saying that the meetings are being held on the 2nd Floor temporarily because there were some issues in the Commission Chambers at Historic City Hall; however, the issue has been resolved. She provided copies to the Commission of a report. In the meantime, she directed the City Manager and the building official to get together between now and the next meeting because part of getting rid of the situation is to tear out walls, but there is something between tearing out walls and doing a professional job. Regular Commission Meeting Minutes — 01/11/3012 17 Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Mayor Taylor Yes Vice Mayor Johnson nominated Lillie Odom to the Planning Council. It was moved by Vice Mayor Johnson, seconded by Commissioner Holmes to appoint Lillie Odom to the Planning Council. There being no discussion, the motion passed by a 5 -0 vote. Commissioner Miller Yes Commissioner Holmes Yes Vice Mayor Johnson Yes Commissioner Tydus Yes Mayor Taylor Yes 25. ADJOURNMENT: There being no further business to come before the City Commission, it was moved by Nice Mayor Johnson, seconded by Commissioner Holmes to adjourn the meeting at 10:40 p.m. ATTEST: CITY CLERK a, Regular Commission Meeting Minutes — 01/11/2012 19 3 Lij Q Q z 0 (V z Cv e,l Sf} F i I �W 9� €y s ? � E e °i$ p n z 3 � "gel 3 e O F � V� of f N 11) If 0 \ 1Nt'MCAN 3YiJ .• ; d ! f ! M7�3N} ,00'SL6 M „� ,6)4.tON j��H)Oris11 u w S� CD •` 9'l. 9? -E3��cd o<n o ,�I r�` Lunoo PuZZ -AKN — r° �\ C3 `�� — a �� kk o nlf N v'L W rn 1N31Y3/ird 1J:4G>Y i3O£ (1r]d.tBJ /Y /A i0- 1 .JlY .aS I� i �i p r a�� ° 0 q�� g�� >•�� I F e e €r� z. W lit M �W 9� €y s ? � E e °i$ p n z 3 � "gel 3 e O F � V� of f N 11) If 0 \ 1Nt'MCAN 3YiJ .• ;f� d ! f ! 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M7�3N} ,00'SL6 M „� ,6)4.tON j��H)Oris11 I M m b 11 I kk o nlf N v'L W rn �gi W \ M °• �`._ (woad) .00su 3„90,6Z.tOS a� Ali t f ., �W 9� €y s ? � E e °i$ p n z 3 � "gel 3 e O F � V� of J N— \V -"� t-�j 6- ON I I 11 WO 2-0-1 14� PuJ'17 M'N fn'!:iq'Gz.jN 0 �qlw Off- 4 d- C16i aA JOANNA FLORES, CIVIC Interim City Clerk April 13, 2012 Dear Property Owner: " THE GREAT crry - � opp.�Opk4 f RQ Fax: (305) 953-2834 O �'< �p 1 :11 Z� — 9ry OApO H ?'T��... YOU ARE HEREBY NOTIFIED that the City Commission of the City of Opa -locks will conduct a Public Hearing on Wednesday, April 25, 2012 at 7:00 p.m. at the Opa -locka Municipal Complex, 780 Fisherman Street, 2nd Floor, Opa- locks, Florida to consider the following: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT THE REQUEST OF ALL JAPANESE ENGINES HOLDINGS FOR A CONDITIONAL USE FOR ALUMINUM SMELTING OR REFINING OF METALS IN THE I -2 (LIBERAL INDUSTRIAL) ZONING DISTRICT, AND TO ALLOW OPERATION OF AN ALUMINUM SMELTING OVEN AT THE PROPERTY LOCATED AT 2300 NW 150TH STREET, FOLIO NO. 08-2122-025-0110, AS SUBJECT TO CONDITIONS STATED IN ORDINANCE NO. 11 -06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. PROPERTYOWNER: APPLICANT'S NAME: PROPERTY ADDRESS: All Japanese Engines Charles Nunez 2300 NW 150 Street Opa- locks, FL 33054 LEGAL DESCRIPTION: E 192.65 FEET OF LOT 1, BLOCK 2 PER W/P #23000, PB 77 -73, LOT SIZE 33581 SQ FEET FOLIO: 0821220250110 REQUEST: Conditional use permit to use an aluminum smelting furnace ALL INTERESTED PERSONS ARE ENCOURAGED TO ATTEND THIS MEETING AND WILL BE HEARD WITH RESPECT TO'I'LE PUBLIC HEARING. For further information regarding this matter, please contact our office. PURSUANT TO FS 286.0105: Any person who desires to appeal any decision made by any board, agency or commission with respect to any matter considered at such meeting or hearing will need a record oftheproceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Sincerely, Joanna Elore.� (MC Interim City Clerk CITY HALL - 780 FISHERMAN STREET, 4TH FLOOR, OPA- LOCKA, FLORIDA 33054 ® (305) 688 -4691 AN EQUAL OPPORTUNITY EMPLOYER AND DOES NOT DISCRIMINATE ON THE BASIS OF HANDICAP uf 1 ALL JAPANESE ENGINES CHARLES NUNEZ MARY BROWN 2300 NW 150 ST 14310 LAKE CHILDS CT 2271 NW 151 ST OPA- LOCKA, FL 33054 MIAMI LAKES, FL 33014 OPA- LOCKA, FL 33054 BEATRICE GLOSTER BUBBLES MILLER MILAGRO BALBUENA 2261 NW 151 ST 2251 NW 151 ST 2281 NW 151 ST OPA- LOCKA, FL 33054 OPA- LOCKA, FL 33054 OPA- LOCKA, FL 33054 GUMERCINDA MOSES DAVID FREEDMAN GOLDEN QUEST INVEST 2295 NW 151 ST % DANRON MGMT INC. 11359 LAKEVIEW DR OPA- LOCKA, FL 33054 2121 NW 139 ST, BAY 2 CORAL SPRINGS, FL 3307 OPA- LOCKA, FL 33054 2275 WEST CORP WILLIAM PARAMORE &W JAMES DIXON & GARY D c/o ROBERT M. BOWER PEARLIE 1042 NW 45 ST PO BOX 22711 190 NW 92 ST MIAMI, FL 33127 FT LAUDERDALE, FL 33335 MIAMI, FL 33150 OPA -LOCKA AUTOMOTIVE CHURCH & TOWER OF FLA ARTHUR LOSENBECK &W JO) CENTER LLC INC 14100 MUSTANG TRAIL 1200 BRICKELL AVE, # 900 800 DOUGLAS RD, PENTHOUSE SOUTHWEST RANCHES, FL 33: MIAMI, FL 33131 CORAL GABLES, FL 33134 PATISSERIE OF FRANCE INC. NLK INVESTMENT LLC VANE VAL ENTERPRISES PO BOX 540648 561 NW 110 AVE 1717 N. BAYSHORE DR, #. OPA- LOCKA, FL 33054 PLANTATION, FL 33324 MIAMI, FL 33132 ADOLFO HOLDINGS INC. MI AM BEACH COMMUNITY DM INDUSTRIES LTD 5840 W 3 IN KOLLEL INC 2320 NW 147 ST HIALEA.H, FL 33012 1428 BRICKELL AVE, 8TH FL OPA- LOCKA, FL 33054 MIAMI, FL 33131 THE MIAMI HERALD I MiamiHerald.com NEIGHBORS CALENDAR *CALENDAR, FROM 16ND and gherkin olives.. S p.m. April 19. Db Bistro Modern At The Jw Marriott Marquis, 255 Biscayne Blvd., Downtown Miami. Wheels & Mead Food truck invasion with Roadrage Magazine Presents Wheels & Meals Food Truck Invasion. Join us every Thurs- day at Tropical Park from 5:30pm to Bpm for the weekly bike car /night along with the food truck team.. S:30 pm. April 19. Tropical Park, 7900 SW 40 St. Olvmoia Heiahtc most widespread local youth talen contest in Miami -Dade history, will culminate in a marathon of semi- final and final competitions for student Performers ages of 8 -17.. 7 p.m. April 21. Actors' Piayhous at the Miracle Theatre, 280 Miracle Mile, Coral Gables. $10, Bay ION ROOM OF CUTLER UP NECESSARY` and Wednesdays rBam- SASam, ril V. Cutler Ridge Park 100 SW 200th St, Cutler CYCLING Stow Food Miami Farm Bike Tour - Earlb Day. Visit our local farms by bike for Earth Day. Each farm will have a taste and tour, Registration at 8:30 am Bee Heaven Farm gam -tpm Family Event 14 mile Bike Ride with 4 Local Farm Stops Bee Heaven Farm is located at 1900D SW 264th Street, Redland 33031 -1787 HOWEVER, the house numbers are out of sequence to here are more detailed directions: Look for the rock pyramid and the flags Park on the swale Enter at the west gate, past the farm sign. 830 a.m. April 22. Bee Heaven Farm, 19000 SW 264th St., Home- stead. $30.888 -580 -4480. wwwslDw,hcodmiamLorg. 2lmmemran MS Bike Ride: Zimmer- man Advertising is sponsoring a 2 day MS Bike Ride from Homestead Miami Speedway to Key largo for a total of 150 miles. The ride stops overnight at John Pennekamp Park in Key Largo and returns back to Homestead Miami Speedway on April 22.. 7 a.m. April 21. Homestead -Miami Speedway, One Speedway Blvd., Homestead. $40 Registration $400 Donation. 9S4 -644 -4508. wwwmsb(keflorida.org. DANCE BmIllan Carnival: SAMBA CLASS every MON & WED 2 Spm HIRE OUR PERFORMERS. A little taste of the Brazilian Carnival for your next event Samba dancers, Samba band, Samba drummers, Capoeira per - formers. fire dancers, Stilt walker. 7 pm. April 16. Carnival Dance Studio. 1450 Meridian Ave, Miami Beach. Best price. 786- 470 -6679. www.BraziiianCarnival.com. Miami Dance Festival Film Night: Dancemaker is a film that tells the tale of this extraordinary, peculiarly American company. The film looks at the rise of Paul Taylor from solitary child to star dancer to master choreographer. 8 p.m. April 18. Miami Beach Gnematheque at Historic City Hall, D30 Washington Ave., Miami Beach. S10 General Admission/$9 Miami Dance Festival and MBC Members. 305.67 FILM (673 - 4567). www.MBCinema.com. EDUCATION /CAMPUS Get Mgtoned -up with a career in the legal profession[: FIU Legal Studies Institute (1.51). 3,000 gradu- ates. 3,000 stories. What will yours be? For almost three decades, LSI has offered comprehensive profes- sional development programs for those pursuing careers in the legal field.. 7 P.M. April 1S. Florida Intemation- al University-Legal Studies Institute, 11200 SW 0th Street - ROB 1003,. 3050348.2491. www.Isi.flu.edu. Joe ROR KhtdergaNat ReRlstraRon: Joe Hall Elementary, located at 1901 SW 134 Avenue, is currently regis- tering Kindergarten students for the 2012.2013 school year. We are proud to announce that Joe Hall Elementa- ry School placed in the top ten Percent of all elementary schools in the State of Florida in the 20TI ranking of Florida schools.. 9 a.m. April 15. Joe Hall Elementa- ry,1901 SW 134th Ave., Tamiami Lakes. ioehalidadeschoolsnet Luny None Dame Prep: Our goal is to provide for applicants a sense of what distinguishes ACND as one of the leading college- preparatory schools. Knight for a Day will give each prospective student the chance to experience fife on campus with a current ACND student.. 8:20 a.m. April 16. Archbishop Curley Notre Dame Prep and Middle School Academy, 4949 NE Second Ave, Little Haiti, 305- 751 -8367 x 22. www.acnd.neL UM School of ArchRecture Spring 2012 Schedule: The School of Archl- e TURN TO CALENDAR, IBND ND SUNDAY, APRIL 15, 2012 1 17iN Customer Service at Your Fingertips. Call 1- 800. 843 -4372 and use our automatic system with your touchtone phone: • Press 1 to report a missing, incomplete or damaged newspaper. • Press 2 to stop your newspaper when you're going out of town. o Press 3 to start a new subscription or change your delivery address. e Press 4 to restart your newspaper. e Press 5 to access account details or make renewal payments. �j. MiamiHerald.com Clal:e159 1*1 CITY OF OPA- LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa- locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday, April 25, 2012 at 7:00 p.m. at the Opa -locks Municipal Complex, 780 Fisherman Street, 2n0 Floor, Opa- locka, Florida to consider the following items: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT THE REQUEST OF ALL JAPANESE ENGINES HOLDINGS FOR A CONDITIONAL USE FOR ALUMINUM SMELTING OR REFINING OF METALS IN THE 1 -2 (LIBERAL INDUSTRIAL) ZONING DISTRICT, AND TO ALLOW OPERATION OF AN ALUMINUM SMELTING OVEN AT THE PROPERTY LOCATED AT 2300 NW 150- STREET, FOLIO NO. 08-2122-025-0110, AS SUBJECT TO CONDITIONS STATED IN ORDINANCE NO. 11 -06; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE, A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF O & E EAST COAST INVESTMENT AIXA SIERRA LITTLE ONES ACADEMY FOR A CONDITIONAL USE FOR A CHILD DAY CARE CENTER IN THE B -1 ZONING DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above hems may be obtained in the Office of the City Clerk, 780 Fisherman Street, 411 Floor, Opa- locks, Florida. All interested persons are encouraged to attend this meeting and will be heard with 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 any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based. JOANNA FLORES, CMC INTERIM CITY CLERK