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HomeMy Public PortalAbout14-8864 Tradmark Metals for Final Site Plan Approval to Construct a New Building on their PropertySponsored by: City Manager RESOLUTION NO. 14 -8864 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF TRADEMARK METALS, FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT A NEW BUILDING ON THEIR PROPERTY, LOCATED AT 3440 NW 135TH STREET, DESCRIBED AS FOLIO NO. 08- 2128 - 003 -0370; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Trademark Metals requested final site plan approval to erect a building that would be 35 feet tall, as per the City Land Development Regulation building height requirement it cannot be more than 20 feet; and WHEREAS, a height variance was required and City Land Development Regulation 86- 8 Section 4.14 B, which provides specific criteria that the Zoning Board of Appeals must consider to authorize the variance; and WHEREAS, the applicant provided final corrections to the site plan application for construction of the new proposed building, located at 3440 NW 135th Street, folio no. 08 -2128- 003 -0370; and WHEREAS, on June 10, staff found Trademark Metals' request in compliance with the City Land Development Regulations pending approval for the height variance; and WHEREAS, on June 26, 2014, the Zoning Board of Appeals approved the variance request, and the Planning Council recommended approval of the TradeMark Metals site plan; and WHEREAS, the City Commission of the City of Opa -locka desires to approve the final site plan for TradeMark Metals to construct a new building with a 15 feet height variance on the property located at 3440 NW 135th Street, folio nos. 08- 2128 - 003 -0360 and 08- 2128 - 003 -0370. Resolution No. 14 -8864 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby grants final site plan approval to the request of TradeMark Metals to construct a new building with a 15 feet height variance on the property located at 3440 NW 135`h Street, folio nos. 08 -2128- 003 -0360 and 08- 2128 - 003 -0370. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 22nd day of October, 2014. Attest to: Jo nna Flores City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: MA Y UK Approved as to form and legal sufficiency: R' c3) Joseph S. Geller hn Dellagloria GREENSPOON MARDER, PA City Attorney COMMISSIONER SANTIAGO COMMISSIONER JOHNSON 5 -0 YES YES YES YES YES 2ND I SUNDAY, OCTOBER 12, 2014 r,D MiamiHerald.com I MIAMI HERALD REACH US EDITORIAL Suburban Editor Joan Chnssos 305- 376 -2635 jchrissos@MiamiHerald.com Editor Scott Andron 305 -376 -4528 sandron @MiamiHerald.com Reporters Miami Gardens: Lance Dixon, Id ixon @M iamiHerald.com, 305 -376 -3708; Religion: Bea Hines, bea.hines @gmail.com Youth Sports Editor James Varsallone jvarsallone@MiamiHerald.com School News arichardson (oMiami Hera Id.com OTHER CONTACTS Advertising Liana Guilarte, 305- 376 -4645 Calendar desk/listings 305- 376 -3355 newsca lendar@ M iam iHerald.com Delivery problems 1- 800 - THEHERALD 0- 800 - 843 -4372) • FLORIDA CITY 'FINANCIAL STABILITY' CENTER OPENING The United Way of Mia- mi -Dade will open a sec- ond Center for Financial Stability on Oct. 15 at 129 SW Fifth Ave. in Florida City. The site will partner with local agencies to help individuals and families achieve financial stability through services such as financial coaching, budget- ing, free tax preparation, NEIGHBORHOOD NEWS employment assistance and more. Contact 305 -688 -3551 to make an appointment with a financial coach at the Florida City location • MIAMI -DADE PROFS TO USE MOVIES TO START DISCUSSIONS Starting Oct. 15, Miami Dade College Hialeah Campus and the John F. Kennedy Library will host a series of scholarly dis- cussions using popular films to provoke critical thinking on issues such as the acceptance of diversity, equity, equal rights, and freedom The featured films in- clude: X Men: Days of Fu- ture Past (2014) from G to 9 p,m., Oct 15 at MDC Hia- leah Campus Multipurpose Room 5101; The Matrix (1999) from 2 to 5 p.m., Nov. 8 at the JFK Library; and Dawn of the Planet of the Apes (2014) from 6 to 9 p.m Nov. 19 at MDC Hialeah Campus Multipurpose Room S10L For more information visit www.mdc.edu. • MIAMI -DADE 24 -HOUR PET ADOPT- A -THON The ASPCA, the Hu- mane Society of Greater Miami, Miami -Dade Ani- mal Services and the Cat Network will host their third annual 74-hour pet adoption event from IL•59 p.rrL Oct. 17 to IL59 p.m. Oct. 18 at Tropical Park, 7900 Bird Rd., in Miami. Potential pet owners are welcome to meet and adopt cats, kittens, dogs and puppies at low fees. Children of all ages are welcome to attend the Kids' Festival, sponsored by Pet Supermarket, which will include rides, games, and live entertainment. Food trucks will also be there. For more information, call 305- 749 -1825. deal rt" ialni�crala Best local deals save U p to 90% Off 008ISavercom/Miami daily in your inbox! (b CITY OF OPA- LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE 1S HEREBY GIVEN that the City Commission of the City of Opa- locka, Florida will hold a public hearing at its Regular Commission Meeting on Wednesday, October 22, 2014 at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa- locks. Florida to consider the following items: RESOLUTIONS/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF GREAT WASTE FOR FINAL SITE PLAN APPROVAL TO ADD CONTAINER -TO- CONTAINER WASTE TRANSFERS FROM TRUCKS WITH SMALLER ROLL -OFF CONTAINERS TO A FORTY (40) CUBIC YARD (CY) CONTAINER LOCATED ON THE BACK OF A GRAPPLE TRUCK TO THEIR COLLECTION AND DISPOSAL OF CONSTRUCTION & DEMOLITION DEBRIS (C & D) OPERATION, LOCATED AT 3051 NW 129TH STREET, DESCRIBED AS FOLIO NO. 08- 2128 -002 -0010; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO GRANT APPROVAL OF THE FINAL SITE PLAN FOR THE SALEM MISSIONARY BAPTIST CHURCH TO OPERATE A PLACE OF RELIGIOUS WORSHIP AS A SPECIAL EXCEPTION USE AT THE PROPERTY LOCATED AT 2415 OPA -LOCKA BOULEVARD, SPECIFICALLY DESCRIBED AS FOLIO NOS. 1)8- 2122 -011 -0614 AND 08 -2122- 011 -0620; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FORAN EFFECTIVE DATE. 4 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO APPROVE THE REQUEST OF TRADEMARK METALS, FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT A NEW BUILDING ON THEIR PROPERTY, LOCATED AT 3440 NW 1351H STREET, DESCRIBED AS FOLIO NO. 08- 2128. 003-0370; PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above items may be obtained in the Office of the ('try Clerk, 3400 NW 135". Street. Bldg. B. Opa4ocka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSUANT TO IS 286.0105: Anion e6o dears to apirsal n.v decision nmde by uav lord, ngem7, o commission Midi inspect to aq mare, con 0-1 at such meeting ar heating will need a nnl f the p'— dings, and for that vasia. mar need to ensure that a mbanm mmrd of the p—edings is node, which m wrd includes the teshmmq, and o idenae npnn which the ani al nay be based. JOANNA FLORES, CMC CITY CLERK COUNTY , , Public Notice Biscayne Gardens Municipal Advisory Committee Public Hearing on Proposed Incorporation October 15, 2014 • 6:30 P.M. Thomas Jefferson Middle School 525 NW 147 St., Miami, FL 33168 The Biscayne Gardens Municipal Advisory Committee ( BGMAC) will conduct a public hearing on October 15, 2014 to consider whether or not the BGMAC should continue to pursue incorporation for the currently unincorporated area with the following boundaries: .�_71 Ix �+ 7' "'�' 3. e•. J ar Notification is being sent to all property owners who live within the boundaries of the proposed municipality, and 600 feet thereof. You are welcomed to attend and participate in the public hearing. If you have questions or need additional information please call (305) 375 -5143. For sign language interpreter services, call (305) 375 -5143, at least five business days in advance. For legal ads online, go to http://Iegalads.miamidade.gov City of Opa -locka Agenda Cover Memo Commission Meeting October 8, 2014 Item Type: Resolution Ordinance Other X Date: (EnterX in box) Yes No Ordinance Reading: 1St Reading 2nd Reading X X Fiscal Impact: (EnterX in box) X Public Hearing: Yes No Yes No (Enter X in box) X X Funding Source: (N /A) Advertising Requirement: Yes No X N/A (Enter X in box) Contract/P.O. Required: Yes No RFPIRFQ/Bid #: N/A (EnterX in box) X Yes No Strategic Plan Priority Area: Strategic Plan Obj. /Strategy: Enhance Organizational 0 N/A Strategic Plan Related Bus. & Economic Dev (EnterX in box) X Public Safety D Quality of Education 0 Qual. of Life & City Image Communication Sponsor Name City Manager Department: Community Development Short Title: Resolution of the City Commission of the City of Opa- locka, Florida, to approve TradeMark Metals Recycling request for final site plan approval to amend their site plan and construct a new building on their property at 3440 NW 135th Street, Folio 08- 2128 - 003 -0370. Staff Summary On April 11, 2014, the applicant requested information concerning the construction of a building on this site and the maximum height of buildings in the 1 -2A zoning district. On April 22, 2014, staff met with the applicant team, reviewed the site plan, and determined the building proposed would be 35 feet tall and according to the City Land Development Regulations, building heights must not be more than 20 feet. The applicant was informed that a height variance would be required and that City Land Development Regulation 86 -8 Section 4.14 B (4) provides specific criteria that the Zoning Board of Appeals must consider to authorize a variance. On May 8, 2014, the applicant provided final corrections to his site plan to construct this new proposed building. On June 10, 2014, staff reviewed the site and found it compliant with the City Land Development Regulations pending approval for the height variance. On June 26, 2014, this height variance request was presented to the Zoning Board of Appeals and they approved the variance request. TradeMark Metals Recycling request for Site Plan review, which was previously found compliant by city staff was TradeMark Metals Recycling Site Plan Review -New Building presented to the Planning Council on July 1, 2014 and this request was continued to July 8, 2014 where the Planning Council discussed the applicant's request and recommended approval. Proposed Action: Staff recommends approval. Attachments: 1. Planning Concil Meeting Minutes — July 1, 2014; July 8, 2014 2. Planning Council Application - 3. Planning Council Staff Report - 4. Site Plan Checklist TradeMark Metals Recycling Site Plan Review -New Building MEMORANDUM TO: Mayor Myra L. Taylor Vice Mayor Joseph L. Kelley Commissioner Timothy Holmes Commissioner Dorothy John* Commissioner Luis B. Santiago FROM: Kelvin L. Baker, Sr., City Manaa DATE: September 29, 2014 RE: Resolution of the City Commission of the City of Opa- locka, Florida, to approve TradeMark Metal's request for final site plan approval to construct a New Building at 3440 NW 135th Street, Folio 08- 2128 - 003 -0370. Request: Resolution of the City Commission of the City of Opa- locks, Florida, to approve TradeMark Metals Recycling request for final site plan approval to amend their site plan and construct a new building on their property at 3440 NW 135th Street, Folio 08- 2128 - 003 -0370. Description: On April 11, 2014, the applicant requested information concerning the construction of a building on this site and the maximum height of buildings in the 1 -2A zoning district. On April 22, 2014, staff met with the applicant team, reviewed the site plan, and determined the building proposed would be 35 feet tall and according to the City Land Development Regulations, building heights must not be more than 20 feet. The applicant was informed that a height variance would be required and that City Land Development Regulation 86 -8 Section 4.14 B (4) provides specific criteria that the Zoning Board of Appeals must consider to authorize a variance. On May 8, 2014, the applicant provided final corrections to his site plan to construct this new proposed building. On June 10, 2014, staff reviewed the site and found it compliant with the City Land Development Regulations pending approval for the height variance. On June 26, 2014, this height variance request was presented to the Zoning Board of Appeals and they approved the variance request. TradeMark Metals Recycling request for Site Plan review, which was previously found compliant by city staff was presented to the Planning Council on July 1, 2014 and this request was continued to July 8, 2014 where the Planning Council discussed the applicant's request and recommended approval. Financial Impact: There is no financial impact for this approval. Implementation Time Line: Immediately Legislative History: TradeMark Metals Recycling Site Plan Review A New Building None. Staff Recommendation: Staff recommends approval of this site plan. Planning Council Recommendation: Planning Council recommends approval of the applicant's request for site plan approval. Attachment(s): Planning Council Application - Planning Council Meeting minutes — July 1, 2014; July 8, 2014 Planning Council staff report — Site Plan Checklist Prepared By: Gerald Lee, Zoning Official APPLICATION The attached application Shall Be Completed (Printed in ink or typed) and submitted with all enclosures referred to therein, to the Community Development Department, 4th floor, 780 Fisherman Street, City Hall, before advertisement may be made for a public hearing. The applicant is reminded that the change requested in this application Shall Be Justified and the mere filing of the application or appearance at the public hearing does not assure approval of the application request. *ALL QUESTIONS MUST BE ANSWERED* The following forms are included in this packet. 1. Required Enclosure List and Fee Schedule (Pages 2 & 3) 2 . Instructions Sheet (Page 1) 3. Application Form (Pages 4 -9) 4 . Disclosure of All Parties of Interest Form. (Page 8) 5. Sample Petition Form. Call the Community Development Department at 305- 953 -2868 to ensure correct wording of the petition. A "Petition Approval Stamp" is required. 6. Sample Mailing Labels. Radius Map, Petition /Owners List Affidavit. PLEASE NOTE Letters of Authorization, Power of Attorney, etc. SHALL BE NOTARIZED. 1 CITY OF OPA -LOCKA REZONING/ VARIANCE REQUIRED ENCLOSURES AND FEES a. 15 copies of a Special Purpose Survey (An As -Built Survey, less than six months old, which inclu the square footage of the lot, square footage of permeable area, lowest finished floor elevation, Flood Insurance Rate Map data). (At least two copies with Surveyor's embossed seal). b. 2 sealed copies of a Radius Map showing all properties within 300 feet of the perimeter of the subj property. Map to be at a scale of 150 feet to one inch or larger. Owner's name on each parcel. (Rad Map shall have a statement indicating it was prepared by a certified surveyor or mapper). NOTE: Both Survey and Radius Map shall be prepared by a Professional Surveyor or Mapper licen; pursuant to Chapter 472, Florida Statutes. 2 copies of Base Maps (Radius Map prior to insertion of ownership on parcels) No larger than 11' 17" (tabloid size). d. 15 copies of Site Plans with building elevations, prepared by an engineer, architect or landsca architect in accordance with Ordinance 86 -8 Section 4.4 of the Opa -locka Code Land Developmi Code. (At least 3 copies with professional embossed seal). e. f. Request/ Owner's List prepared as per sample. Includes verbiage on each sheet and lists propert within a 300 -foot radius of the subject property, exclusive of the petitioner, stating the request to considered. A "Petition Approval Stamp" must be affixed on the petition by the Community Development Planning Department prior to circulation. The petition must reflect the legal descriptions, folio numbers and property addresses of all properti that are adjacent (contiguous) to the subject property, complete with names and mailing addresses property owners as reflected by the most recent tax records. This form must be printed in a size eqi to or greater than 12 -point font. * Condominiums * If the condominium board is developer-controlled, then all unit owners are to be included on t owner's list. In both instances, the name of the association and its president and the associatioi address where a notice is to be mailed, must be provided. Affidavit stating that the Radius Map & Request/ Owner's List is complete and accurate which is sigr by the individual or company who prepared said documentation. 2 CITY OF OPA -LOCKA REZONING/ VARIANCE /TEXT AMENDMENTS REQUIRED ENCLOSURES AND FEES Applicant is required to obtain mailing labels with the names and mailing addresses of those owners in the radius. (Do not include duplicate names and addresses). g. Disclosure of All Parties in Interest form. h. APPLICATION FEES: Hearing fee of _$1360.00 for one acre or less and -0- for each additioi acre or fraction thereof. Double fee shall apply if a building addition or alteration has be commenced without a building permit and/ or prior to the approval of the applied for zoni change, if such zoning change is necessary in order to legally allow said building addition alteration. Prior to the hearing, city- supplied signs will need to be posted on the property. The sign(s) sh contain the day, date, time and location of the hearing. The sign(s) shall also include t applicant's name, the location of the property, and the request. The sign(s) should be placed public view on each frontage of the property with a minimum of one (1) sign per every 150_ fE of frontage. These signs shall be placed a minimum of 150 feet apart. The number of sig required is determined by the Community Development Department. The applicant pays the c( of the sign(s). Each signs costs TBD. L BE ADVISED THAT AT THE END OF A REZONING/VARIANCE PROCESS IF ADDITION) LIVING UNITS OR SQUARE FOOTAGE ARE GRANTED, ALL APPLICABLE IMPACT FE] (PARKS & RECREATION, ROADS, SCHOOLS, ETC.) SHALL BE PAID, BASED ON PER UN OR SQUARE FOOTAGE OF CONSTRUCTED AREA. j. BE ADVISED THAT DUE TO THE FACT THAT ALL REQUESTS ARE UNIQU ADDITIONAL DOCUMENTATION MAY BE REQUIRED. YOU WILL BE NOTIFIED, ADDITIONAL INFORMATION IS REQUIRED. APPLICATION FOR ZONING VARIANCE ZONING BOARD OF APPEALS OPA- LOCKA, FLORIDA 33054 I HEREBY SUBMIT AN APPLICATION TO THE ZONING BOARD OF APPEALS OF THE CITY OPA -LOCKA FOR THE REASONS CHECKED BELOW: (X) VARIANCE IN ZONING REGULATIONS (CHECK WHICHEVER APPLIES) ( ) LANDSCAPING O SETBACK O OFF - STREET PARKING ( ) BUILDING HEIGHT () LOT WIDTH () LOT COVERAGE ( ) A TEMPORARY NON - CONFORMING USE PERMIT UNTIL OCTOBER 31, () I AM APPEALING A DECISION, ORDER, OR DETERMINATION OF ADMINISTRAT OFFICIALS IN ENFORCEMENT OF ZONING REGULATIONS. IN ACCORDANCE WITH 13 -08 OF THE CITY OF OPA -LOCKA CODE OF ORDINANCES, I ENCL( $1360.00 FOR COSTS OF ADVERTISING AND PUBLIC HEARINGS. ADDRESS OF PROPERTY: 3430 NW 135t` St Opa -Locks FL 33054 -4208 FOLIO NUMBER: 08 -2128- 003 -0360 & 08- 2128 - 003 -0370 LEGAL DESCRIPTION: See Attached PRESENT ZONING CLASSIFICATION: I -2A THE PURPOSE FOR THIS REQUEST /APPEAL IS AS FOLLOWS (Attach Separate Sheet if Needed): A 15' variance in building height allowing a maximum height of 35' (see attached 012a-Locka height varianc 513- 419 -6064 TELEPHONE NUMBER OF 300 Pike St MAILING ADDRESS Cincinnati OH 45202 CITY STATE ZIP 4 ZONING BOARD OF APPEALS AFFIDAVIT This form is to be attached to all applications, and to be returned with the application. No application wil honored or persons heard by the Zoning Board of Appeals unless a notarized copy of this Power of Attorne submitted. To: City of Opa -Locka From: JnA tit 1,'04 A3 W2 t - Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in property owner's behalf). I Mary Joann Colebrook, being first duly sworn, depose and say that I am the owner of the property leg described as: See Attached I do give to Mario Garcia -Serra & B. Scott Bennewitz the power of Attorney and authority to speak in behalf in reference to the above described property. Further, by affixing my notarized signature to document, I also authorize Mario Garcia -Serra & B. Scott Bennewitz to negotiate and commit to the ( Commission, and City Administration in my behalf. I will abide by all final determinations of the ( Commission and City Administration. Signature 30 d-O & Date Sworn to and subscribed before me: This3A day of CAdQ1;t o� JI Notary Public Attach copy of identification 5 My commission expires: flUA fib— 31 41 Sj Aiane Carol Johnson =, *= Notary PUbrr,, State of Ohio My Commission Expires 03-31.2015 U11111 lit LEGAL DESCRIPTION. WEST 70 FEET OF THE EAST 210 FEET OF LOT 1 AND LOTS 2 THRU 4 LESS WEST 10 FEET IN BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 42. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER: 08- 2128 - 003 -0370) AND WEST 70 FEET OF THE EAST 140 FEET OF LOT 1, BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 311 AT PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER. 08- 2128 -003 -0360) 12) A F F I D A V I T STATE OF FLORIDA COUNTY OF (I) acknowledge that any corrections to submitted materials and or supplemental requirements, if any, be submitted before a hearing can be advertised. (1), am R 0santt Renneufit7 Say ta [ ] Owner(s) of the property [X] Representative of the owner of the property and (I) affirm that all answers are true and accurate to +'��'-� -4C--. I-- ____, _ _ _ APPLICANT(S) �ZTURE. THE FOREGOING INSTRUMENT WAS ACKNOWLEI OF March, 2014 BY B. Scott Bennewitz (Applicant) DID TAKE AN OATH [ ] OR DID NOT TAKE AN OATH [X] PERSONALLY - KNOWN TO ME OR PRODUCED IDENTIFICATION aeg4p TYPE OF IDENTIFICATION PRODUCED: ,,;�u+�s °° +GARY JOANN COUMROOK NolaryPU*datadOho MY corrnnWW hu is $Vhvdm date °.rF01oF��a•�``'� %0.147,03 R,C, SIGNATURE OF NOTARY PUBLIC NAME OF NOTARY TYPED, PRINTED, OR 7 MY COMMISSION Never EXPIRES DISCLOSURE OF ALL PARTIES IN INTEREST TYPE OF APPLICATION: Rezoning / Variance TYPES: (PLATTING, REZONING, VARIANCE, SPECIAL USE PERMIT, CONDITIONAL' PERMIT, FINAL DECISION, LAND USE PLAN AMENDMENT, TEXT AMENDMENT). * IF APPLICANT IS A CORPORATION OR PARTNERSHIP, ALL OFFICERS AND EQUITABLE PARTNERS SHALL DISCLOSE THEIR NAME AND ADDRESSES. NAME(S) AND ADDRESS(ES) OF ALL LEGAL AND /OR EQUITABLE OWNERS OF SAID PROPERTY IS HELD IN TRUST FOR SAME: Trademark Metals Recycling LLC (see attached list of officer's names and addresses) NAME(S) AND ADDRESS (ES) OF THOSE HAVING ANY INTEREST IN A CONTRACT FOR SALE OF SAID PROPERTY, INCLUDING REAL ESTATE BROKERS AND SALES PERSONS: NONE MORTGAGEE(S) OF PROPERTY: NONE ALL THOSE HAVING ANY INTEREST IN A CONTRACT FOR SALE, SHA: DISCLOSE WHETHER THEY ARE ACTING IN TRUST AND /OR FOR Y UNDISCLOSED PRINCIPAL AND, IF SO, SHALL DISCLOSE. THE NAME(S) At ADDRESS (ES) OF THE BENEFICIARY (IES) OF THE TRUST OR TI PRINCIPAL(S) AND THEIR INTEREST IN THE CONTRACT: NONE THE DISCLOSURE REQUIRED MUST BE MADE AND OR UPDATED WITHIN REASONABLE TIME, AS MAY BE NECESSARY, IN ORDER TO ENSURE THY THE INFORMATION DISCLOSED IS ACCURATE AT THE TIME OF FILING AI\ AT ALL TIMES THEREAFTER, SPECIFICALLY, AT DATES UPON WHICH ACTIC IS DISCUSSED AND /OR TAKEN UPON SUCH PROPERTY. 2014 FOREIGN LIMITED LIABi Y COMPANY ANNUAL REPORT DOCUMENT# M98000000124 Entity Name: TRADEMARK METALS RECYCLING LLC Current Principal Place of Business: 5401 W. KENNEDY BLVD SUITE 400 TAMPA, FL 33609 Current Mailing Address: 5401 W. KENNEDY BLVD SUITE 400 TAMPA, FL 33609 US FEI Number: 59- 3484760 Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Feb 27, 2014 Secretary of State CC6952345391 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE: Title MGR Name OELRICH, GREGORY W Address 5401 W. KENNEDY BLVD., STE -400 City- State -Zip: TAMPA FL 33609 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that / am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JAN LAY ACCOUNTING ASSISTANT 02/27/2014 Electronic Signature of Signing Authorized Person(s) Detail Date Electronic Signature of Registered Agent Authorized Person(s) Detail : Title MGR Title MGRM Name OELRICH, GREGORY W Name THE DAVID J. JOSEPH COMPANY Address 5401 W. KENNEDY BLVD Address 300 PIKE STREET SUITE 400 City- State -Zip: TAMPA FL 33609 City- State -Zip: CINCINNATI OH 45202 Title PRESIDENT Title VICE PRESIDENT COMMERCIAL Name BECKER, JAMES Name FORD,BRAD Address 5401 W. KENNEDY BLVD Address 5401 W. KENNEDY BLVD SUITE 400 SUITE 400 City- State -Zip: TAMPA FL 33609 City-State-Zip: TAMPA FL 33609 Title MGR Name OELRICH, GREGORY W Address 5401 W. KENNEDY BLVD., STE -400 City- State -Zip: TAMPA FL 33609 Date I hereby certify that the information indicated on this report or supplemental report is true and accurate and that my electronic signature shall have the same legal effect as if made under oath; that / am a managing member or manager of the limited liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Florida Statutes; and that my name appears above, or on an attachment with all other like empowered. SIGNATURE: JAN LAY ACCOUNTING ASSISTANT 02/27/2014 Electronic Signature of Signing Authorized Person(s) Detail Date 1d� The David J. Joseph Company May 7, 2014 Community Development Department City of Opa -Locka 3400 NW 135`" Street Opa- Locka, FL 33054 Attn: Gregory Gay, Community Development Director Re: Height Variance & Final Site Plan Applications Parcel: Trademark Metals Recycling LLC, 3440 NW 135`" Street On behalf of Trademark Metals Recycling LLC (TMR) I'm submitting the two attached applications. One is to seek a height variance allowing a building to be constructed to cover the open paved area where automobile shredder residue is deposited via a conveyor from the shredder. The second application is to request final site plan approval. The required preapplication meeting for the variance and site plan applications was held on February 21, 2014 with Bhairvi Pandaya. The material being submitted is in conformance with the applications provided subsequent to this meeting and coordination with City staff. The application fees of $1,360 for the variance and $1,350 for the site plan review are attached ($2,710 total). We will provide required additional fees such as the required signage when we are provided with the amount. If there is any additional information required or there are questions regarding these applications please call me. Sincerely, -'Izllll�lle ;Scott Bennewitz, Manager, Site Acquisitions & Development The David J. Joseph Company Phone: (513) 460 -8501 Email: bsb &e1djj.com AFFIDAVIT THIS IS TO CERTIFY THAT THE UNDERSIGNED (HAS) PREPARED THE FORMAL DISCLOSURE OF ALL PARTIES IN INTEREST ON PROPERTY LOCALLY DESCRIBED: See Attached LOCATED AT: 3430 NW 135th Street, Opa- Locka. FL (I) FURTHER UNDERSTAND THAT ANY CHAN(E(S) IN SAID DISCLOSURE SHE BE UPDATED AND ACCURATE AT ALL TIMES, SPECIFICALLY ON DATES UP( WHICH ACTION IS DISCUSSED AND /OR TAKEN ON SAID PROPERTY. (I) FURTHER CERTIFY THAT TO THE BEST OF (MY) KNOWLEDGE, IT IS COMPLETE DISCLOSURE. STATE OF Ohio COUNTY OF Hamilton THE FOREGOING INSTRUMENT WAS ACKNO March 2014 Month Year (Owner /9 B. M S 28th DAY 1 Scott Bennewitz anager, Acquisitions & Developmer DID TAKE AN OATH [ ] OR DID NOT TAKE AN OATH [X] I AM PERSONALLY KNOWN [X ]OR PRODUCED IDENTIFICATION [ ] TYPE OF IDENTIFICATION PRODUCED •U UV 16-1%111910 a 6i=- �g y J0ANP6 COLEBROOF . MwiwkLaw Public, Stabs d Ohb My camniss m has no exp6a m date: Sec. 147.03 R.C. SIGNA OF NOTARY PUBLIC Mary Joann Colebrook NAME OF NOTARY TYPED, PRINTED, OR STAMPED E AFFIDAVIT THIS IS TO CERTIFY THAT THE UNDERSIGNED HAS PREPARED THE FORMAL DISCLOSURE OF ALL PARTIES IN INTEREST ON PROPERTY LOCALLY DESCRIBED: TRADEMARK METALS RECYCLING LOCATED ON /AT: 3440 NW 135TH OPA LOCKA, FL 33054 I FURTHER UNDERSTAND THAT ANY CHANGE(S) IN SAID DISCLOSURE SHAT BE UPDATED AND ACCURATE AT ALL TIMES, SPECIFICALLY ON DATES UPC WHICH ACTION IS DISCUSSED AND /OR TAKEN ON SAID PROPERTY. I FURTHER CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, IT IS COMPLEZ DISCLOSURE. Affix Corpora - Seal STATE OF FLORIDA COUNTY OF MIAMI -DADE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS 08TH DAY C MAY 2014 JOSE G. HERNANDEZ Month Year (Owner /Representative) DID TAKE AN OATH [ ] OR DID NOT TAKE AN OATH [ ] I AM PERSONALLY KNOWN ]OR PRODUCED IDENTIFICATION [ ] TYPE OF IDENTIFICATION PRODUCED MY COMMISSION EXPIRES �y�y p••.,,� KATHLEEN E. SHISKIN A Notary Public - State of Florida •? My Comm. Expires Mar 11, 2016 Commission N EE 172488 ��' °.+ �• Sonded Through NaIionid Notary A n SIGNATURE OF NOTARY PUBLIC NAME OF NOTARY TYPED, PRINTED, OR STAMPED 0 AFFIDAVIT THIS IS TO CERTIFY THAT THE UNDERSIGNED HAS PREPARED THE FORMAL DISCLOSURE OF ALL PARTIES IN INTEREST ON PROPERTY LOCALLY DESCRIBED: TRADEMARK METALS RECYCLING LOCATED ON /AT: 3440 NW 135TH OPA LOCKA, FL 33054 I FURTHER UNDERSTAND THAT ANY CHANGE(S) IN SAID DISCLOSURE SHA BE UPDATED AND ACCURATE AT ALL TIMES, SPECIFICALLY ON DATES UP( WHICH ACTION IS DISCUSSED AND /OR TAKEN ON SAID PROPERTY, I FURTHER CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, IT IS COMPLE DISCLOSURE. `'ter ✓ `�� ' .G�t'�._ t K Affix Corpora Seal STATE OF FLORIDA COUNTY OF MIAMI -DADE THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS 08TH DAY MAY 2014 JOSE G. HERNANDEZ Month Year (Owner/Representative) DID TAKE AN OATH [ ] OR DID NOT TAKE AN OATH [ ] I AM PERSONALLY KNOWN ]OR PRODUCED IDENTIFICATION [ ] TYPE OF IDENTIFICATION PRODUCED MY COMMISSION EXPIRES SIUNATURE OF NOTARY PUBLIC NAME OF NOTARY TYPED, PRINTED, OR STAMPED 0 ++ +� "' ••.,, KATHLEEN E. 8Nt8KIN ` ��: Nobly Public - 8tate of Florida • My Comm. Expirea Ma it .. 2016 ,I1j11 + + +di' '�.1 of Fi�� Commission EE 122,96 Banded Through Nsiionat Nolary Assn. SIUNATURE OF NOTARY PUBLIC NAME OF NOTARY TYPED, PRINTED, OR STAMPED 0 Opa -Locka Height Variance Statement Trademark Metals Recycling LLC — ASR Storage Building Trademark Metals Recycling is seeking a height variance to construct a building to temporarily store automobile shredder residue (ASR). ASR is the residual by- product material generated from the mechanical processing of scrap metal. This is non - hazardous material regulated under the Miami -Dade County Code. Our current Resource and Recovery Permit (RER File No. 2831/SW -1161) requires ASR be stored under cover. The current structure where ASR is stored is inadequate to contain the necessary volume and is located remotely from the shredder where the material is generated. ASR has been transferred to the current building via a conveyor system. This system has not functioned as anticipated and it has been determined that by eliminating the conveyor system and constructing the storage building adjacent to the shredder, the ability to assure the ASR is continuously covered is greatly enhanced. Per discussions with Miami -Dade RER regarding these issues, a larger roofed storage area has been deemed necessary to continue to stay in compliance with the Miami -Dade County Code. The design of this building requires a height variance to allow the ASR to be continually covered from the time it is conveyed from the shredder until it is loaded into trucks to be hauled off -site. The existing shredder has a series of conveyors which transports the shredded metal and ASR to separate areas of the site. The elevation of the existing ASR conveyor is approximately 27.5'. The proposed building will be constructed to cover this conveyor where ASR is deposited onto a concrete slab to be loaded into trucks. Trucks will be pulled into the building allowing the entire ASR loading process to be handled under cover. This design will not only allow compliance with Miami -Dade code requirements but also reduce impacts of the operation on the surrounding area. The variance will provide for a 15' height increase for the proposed building. This additional height is necessary to cover the conveyor and allow a loader to place the ASR into trucks. The total square footage of the building is 4,500 sq. ft. This is a relatively small footprint considering the site contains 7.655 ac. acres. This building covers only approximately 1.3% of the site. Issuance of this variance will not be contrary to public interest. The variance will allow construction of a building which is located approximately 568' south of 135th Street and approximately 224' east of Cairo Lane. It will also be constructed behind the existing shredder minimizing visual impact to the public. Literal enforcement of the provisions of the code regulating height will cause unnecessary and undue hardship. The existing metal recycling use including the shredder is an approved use. The design of this equipment and current regulations of its operation require the handling of ASR to be undercover. This can't be accomplished without an increase in building height above the current 20' maximum. Regarding section 4.14_ The Zoning Board of Appeals B. Powers, Duties, Authority & Function 4. the following is a statement of code required findings to authorize a variance and our response to each: Finding a. That special conditions and circumstances exist which are peculiar to the land structure, person or building involved and which are not applicable to other lands, structures or buildings in the same zoning district Response to a. Special conditions and circumstances exist which are peculiar to the building which is proposed and is not applicable to other structures in this district. This variance is to allow construction of a building to cover equipment and allow indoor loading of material which is a byproduct of the metal shredding process. This shredder exists and is permitted in the I -2A zoning district as a component of the permitted scrap metal facilities use. Finding b. That the special conditions and circumstances do not result from action of the. licant. Response to b. Special conditions and circumstances do not result from the actions of the applicant. This variance will allow construction of a building to handle ASR in conformance with the requirements of the Miami Dade County RER permit requirements. Finding c. That aranting the variance requested will not confer on the applicant any special privilege that is denied by the Zoning Code to other lands buildings or structures in the same zoning district. Response to c. Granting of this variance will not confer any special privilege that is denied by the Zoning Code to other buildings in the I -2A district. The variance process affords others requiring additional building height to seek relief from the 20' or one story limitation in the I -2A district. Finding d. That literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of the code and would work unnecessary and undue hardship on the applicant. Response to d. The literal interpretation of the provisions of the code would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district. Within the I -2A district there has been recent building construction and previous existing buildings which exceed the height requirement. Unnecessary and undue hardship would also be placed on TMR by restricting the ability to fully comply with the Miami Dade County RER Resource Recovery permit requirements. Finding e. That the variance eranted is the minimum variance that will make possible the reasonable use of the land, building or structure. Response to e. The requested variance is the minimum variance required for the proposed building. The attached drawings depict sections of the building including the existing conveyor to be covered and a site plan depicting the area for ASR storage and loading. The variance request will allow a height to cover the conveyor with minimal clearance and the square footage of the building is the minimum to cover stored material and provide a covered loading area. Finding f. That the grant of the variance will be in harmony with the general intent and purpose of this code. Response to f. The City provided a zoning designation and established standards for the specific purpose to address automotive wrecking yards, scrap metal facilities and associated uses. It is acknowledged that these are intensive industrial uses and require specific development requirements mitigating the impact of these facilities. The grant of this variance will be in harmony with the general intent and purpose of this code by allowing the permitted use to conform to environmental permit requirements and reduce impacts of the operation on the surrounding area. Finding g. That such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Response to g. Granting of this variance will not be injurious to the area involved or otherwise detrimental to the public welfare. As previously stated the building will be located well away from public access areas and located to the rear of the existing shredder which is taller than the proposed building. The property adjacent to the proposed building is an existing auto salvage yard (Venezuela Auto Parts). This facility stacks vehicle on racks adjacent to the TMR facility. The proposed building will not impact the operation of Venezuela Auto Parts or cause any negative impacts to their site. ��M O !1') o N z ��? ti 0* M Y U w O v Z Z O H d U O U) d aLL Z c O o Z Y a��i Q 0. m a TO i U R U O J Q d O LL O I W ��0 0W )-o a O S. rR Q� Lo cc Ln O O Q� O ti on L7n ru a O ti rm O O Ln Ln ru ru N rrl . `i' 12 4� v o0 Lc) N f- LO N M O* ��* <* y' U L O v Z Q C) 00 0 rn w O T o 0 LO 0 [Bill J C V A ��U to 0 II^^ U. 4; J VI F LL Y fOD CD CD 0 Z O J o :J r, CL Oro .Y CL L p E i co Z' W O p Z a co J a O M k J Q W a n. i Z O F- Q U O U) Q aLL Z O o Z N Y a��i a 0. m a O 2 U U) Q 0 00 o z :w o .. 0 LL J 0 F- 0 Z W Ir O p v a` J J C�� W 0 i37 Q = J z - = .0 V . to V in O p LLB M W 0 . 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Lu z .. ci J 2 Y Iro Q E Ir a W 0 i z - 0 o ' W 0 . w w " w I 0 " Fo 0W CL 0 Smooth Feed SheetSTM REFERENCE ONLY CARLOS ARANGO 13480 CAIRO LANE OPA LOCKA, FL 33054 FLORIDA INDUSTRIAL PROPER SIX LLC 2433 NW 64 ST BOCA RATON, FL 33496 REFERENCE ONLY 3400 LLC 275 FOUNTAINBLEAU BLVD STE 105 MIAMI, FL 33172-4500 TRADEMARK METALS RECYCLING LLC 400 N ASHLEY DR STE 1300 TAMPA, FL 33602 TRADEMARK METALS RECYCLING LLC 400 N ASHLEY DR STE 1300 TAMPA, FL 33602 PROPER INVESTMENTS INC 3570 NW 135 ST OPA LOCKA, FL 33054-4710 PROPER INVESTMENT INC 3530 NW 135 ST OPA LOCKA, FL 33054-4710 PROPER INVESTMENT INC 3570 NW 135 ST OPA LOCKA, FL 33054-4710 AVERY'! Addv(r ;�,; t ahefs KASA INVESTMENT SERVICE LLC 325 S BISCAYNE BLVD #2720 MIAMI, FL 33131 -2473 FELIX I RODRIGUEZ & 315 ATLANTIS ISLE MIAMI BCH, FL 33160 -4502 JDL UNLIMITED INVESTMENTS INC 3390 NW 127 ST OPA LOCKA, FL 33054 WALTER ARANGO 13480 CAIRO LANE OPA LOCKA, FL 33054-4625 TRADEMARK METALS RECYCLING LLC 400 NORTH ASHLEY DR STE 1300 TAMPA, FL 33605 TRADEMARK METALS RECYCLING LLC 400 NORTH ASHLEY DR STE 1300 TAMPA, FL 33605 3400 LLC 275 FOUNTAINBLEAU BLVD STE 105 MIAMI, FL 33172 -4500 NEW BEGINNINGS OF S FLORIDA INC 2398 NW 119 ST MIAMI, FL 33167 NEW BEGINNING OF S FL INC 2398 NW 119 ST MIAMI, FL 33168 13300 ALEXANDRIA DR LLC 6815 BISCAYNE BLVD #103 -464 MIAMI, FL 33138 Use template for CITY OF OPA LOCKA 777 SHARAZAD BLVD OPA LOCKA, FL 33054-3521 3400 LLC 275 FOUNTAINBLEAU BLVD STE MIAMI, FL 33172-4500 n Smooth Feed SheetsTM Use template fol r REFERENCE ONLY KASA INVESTMENT SERVICE LLC CITY OF OPA LOCKA 325 S BISCAYNE BLVD #2720 777 SHARAZAD BLVD MIAMI, FL OPA LOCKA, FL 33131 -2473 33054 -3521 CARLOS ARANGO 13480 CAIRO LANE OPA LOCKA, FL 33054 FLORIDA INDUSTRIAL PROPER SIX LLC 2433 r W 54 ST 30CA ATCN, FL 334 ,3 REFERENCE ONLY 3400 LLB 275 FOUNTi'INDLEAU BLVD STE 105 MIAMI, F!. '33172-4500 TRADEMARK METALS RECYCLING LLC 400 N ASHLEY DR STE 1300 TAMPA, FL 33602 TRADEMARK METALS RECYCLING LLC 400 N ASHLEY DR STE 1300 TAMPA, FL 33602 PROPER INVESTMENTS INC 3570 NW 135 ST OPA LOCKA, FL 33054-4710 PROPER INVESTMENT INC 3530 NW 135 ST OPA LOCKA, FL 33054-4710 PROPER INVESTMENT INC 3570 NW 135 ST OPA LOCKA, FL 33054-4710 FELIX I RODRIGUEZ & 315 ATLANTIS ISLE MIAMI BCH, FL 33160 -4502 JDL UNLIMITED INVESTMENTS INC 3390 NW 127 ST OPA LOCKA, FL 33054 WALTER ARANGO 13480 CAIRO LANE OPA LOCKA, FL 33054-4625 TRADEMARK METALS RECYCLING LLC 400 NOR s Si ASHLEY DR STE 1300 TAMPA, FL 33605 TRADEMARK METALS RECYCLING LLC 400 NORTH ASHLEY DR STE 1300 TAMPA, FL 33605 3400 LLC 275 FOUNTAINBLEAU BLVD STE 105 MIAMI, FL 33172 -4500 NEW BEGINNINGS OF S FLORIDA INC 2398 NW 119 ST MIAMI, FL 33167 NEW BEGINNING OF S FL INC 2398 NW 119 ST MIAMI, FL 33168 13300 ALEXANDRIA DR LLC 6815 BISCAYNE BLVD #103 -464 MIAMI, FL 33138 3400 LLC 275 FOUNTAINBLEAU BLVD STE MIAMI, FL 33172-4500 C11AVERYcm Address Labels Laser 51 ZONING BOARD OF ADJUSTMENT ST TRADEMARK METALS RECYCLING, LLC /SC TRADEMARK METALS RECYCLING, LLC NEWITZ & MARIO GARCIA•SERRA (June 6, 2 A licant III Trademark Metals Recycling, LLC /B. Scott Bennewitz & Mario Garcia -Serra Request - - -- A variance of building height and allow a 15 foot increase. —� Location 3440 NW 135th Street, 0 a- locka, Fl. 33054 Legal Description WEST 70 FEET OF THE EAST 210 FEET OF LOT 1 AND LOTS 2 THRU 4 LESS WEST 10 FEET IN BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 42. OF THE PUBLIC RECORDS C DADE COUNTY, FLORIDA. (FOLIO NUMBER 08- 2128 - 003 -0370) AND WEST 70 FEET OF THE EAST 140 FEET OF LOT 1, BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDIN( TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 42, OF THE PUBLI RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER 08- 2128 - 003 -0360) 7.69 ACRES OR 332,111 square feet, more or less. Property Size 332,111 square feet Zoning 1 -2A (Liberal Industrial ) Zoning District & B -3 (Commercial Intensive Business) Zoning Distri Existing Land Use Industrial Future Land Use Industrial & Commercial Designation Comprehensive Plan According to the Future Land Use Map, the subject property is designated for industrial and Consistency commercial land use. The current request is consistent with the Comprehensive Development Master Plan, Other Required Miami Dade County, State, and applicable federal regulations Approvals Applicable ULDR City Ordinance 86 -8 sections 6.11A and section 4.14 Sections In order to authorize any variance in the terms of the Code, the Board of Adjustment must, and shall, find: Staff Zoning Board of Adjustmei a. That special conditions and circumstances exist which are peculiar to the land, structure, person, or building involved, and which are not applicable to the other lands, structures or buildings No in the same zoning district. A That the special conditions and circumstances do not result from the actions of the applicant ] No c. That granting the variance requested will not confer on the applicant any special privilege that Yes is denied by the Zoning Code to other lands, buildings, or structures in the same zoning district. d. That literal interpretation of the provisions of the Code would deprive the applicant of rights No commonly enjoyed by other properties in the same zoning district under the terms of the Code and would work unnecessary and undue hardship on the applicant. e. That the variance granted is the minimum variance that will make possible the reasonable use Yes of the land, building, or structure. f. That the grant of the variance will be in harmony with the general intent and purpose of this [code. No g. That such variance will not be injurious to the area involved or otherwise detrimental to the No public welfare. Staff Evaluation /Comment: This use has operated at this site for more than 20 years and for many of those vears this equipment has been in service as a part of the recycling process. The city code does limit building heights to 20 ft and the applicant is requesting a height of 35 feet. Surrounding Zoning Districts and Uses: Location North Existing Land Uses CLUP Designations Zoning Districts Vacant Notification Requirements This request fora building height variance was properly noticed pursuant to state law and c ordinance. South Junk Yard Project Planner Authorized By Approved By (`— Name and Title Initials Gerald Lee, Planner /Zoning Official - - Commercial Intensive District West Gregory Gay, Community Development Director Industrial Surrounding Zoning Districts and Uses: Location North Existing Land Uses CLUP Designations Zoning Districts Vacant Commercial Commercial Intensive District South Junk Yard Industrial Liberal Industrial District East Auto Dealer Commercial Commercial Intensive District West Junk Yard Industrial Liberal Industrial District Applicant's Variance Request: 1) The Applicant is requesting a variance of the building height standard to allow a structure 15 feet greater than current code allows. Variance in Zoning Regulation: Increase building height allowance. Adeguacy and Neighborhood Compatibility The subject property is zoned Liberal Industrial District (1 -2A). Staff Determination /Recommendation: Staff recommends approval / denial of this zoning variance as it does not meet the standards listed in the City Land Development Code (86 -8) section 4.14 B (4) Granting this variance may negatively impact the area with other uses requesting an increase in buildings heights. "THE GREAT CITY" o`a...0 rhQ Received: By: Date: PLANNING COUNCIL ,ION Iq -07 -61-65 3(pre- �; -1651I APPLICATION NUMBER: CHECKNUMBER: submitted) DATE RECEIVED:5 /8/14 PROPERTY OWNER'S NAME: Trademark Metals Recycling The Lincoln Center PROPERTY OWNER'S ADDRESS:5401 W Kennedy Blvd. Suite 400 Tampa FL 33609 Number /Street City State /Zip Code APPLICANT'S NAME: B. Scott Bennewitz APPLICANT'S ADDRESS: 300 Pike Street Cincinnati OH 45202 Number /Street City State /Zip Code PHONE NUMBER: OFFICE 513-419-6064 HOME 513- 460 -8501 OTHER SUBJECT PROPERTY ADDRESS: 3430 NW 135`x' St, Opa- locka.FL330540 -4208 Number /Street 08 -2128 -003 -0360 TAX FOLIO NUMBER: 08-2 PRESENT ZONING: 1 -2A LEGAL DESCRIPTION: SEE ATTACHED Please check specific request: Tentative Plat _Final Plat _Comprehensive Plan Amendment —Drainage Plan _Fill Permit Request Preliminary Site Plan Review X Final Site Plan Review _Conditional Use Permit - No Plans _Conditional Use Permit- With Plans _Special Exception -No Plans _Special Exception -With Plans _Other- Please speciA,: Add any additional information that may be of importance to this request: SEE ATTACHED Reference to Ordinance 13 -08 Section 4.13 and 4.4 LEGAL DESCRIPTION., WEST 70 F&7 OF THE EAST 210 FEET OF LOT 1 AND LOTS 2 THRU 4 LESS W,:-ST 10 FEET /N BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED X PLAT BOOK 31, AT PAGE 42. OF THE PUBLIC RECORDS OF DADE COUNTY FLOR/QA. (FOLIO NUMBER,; 06-2128-063-070) AND WEST 70 FEE! OF THE EAST 140 FEr-7 OF LOT 1, BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 39, AT PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER: 08- 2123 -003 -0360) Opa -Locks Site Plan Statement Trademark Metals Recycling LLC — ASR Storage Building Trademark Metals Recycling is seeking site plan approval to add a building which will temporarily house ASR (automobile shredder residue) produced by the shredding process. This material is currently temporarily stored on a concrete slab prior to being trucked to a Trademark Metals Recycling facility for further processing. The building to be constructed is a 60' X 75' and of metal construction meeting Miami Dade County wind load requirements. The building is proposed to be 34' high requiring a height variance which will be heard by the Board of Adjustments prior to final site plan review. The placement of the building will conform to City of Opa -Locka setback requirements. Addition of this building will not impact site development features_ Its location is over an existing paved surface. There will not be any increase in pervious surface area or reduction in open space. The only function of the structure is to enclose the ASR temporaryr storage area which is currently uncovered. This application does not include any other planned expansion or modification to current facilities. Received: By: Date: Page 3 of 5 PLANNING COUNCIL APPLICATION (C,hecklisi) Applications will not be accepted without the following data. For a public hearing, all items below are necessary and must be submitted. X Completed application form _X -Application fee payable to the City of Opa -locks by check or money order X Cope of property owner's and /or applicant's driver license;photo I.D. X _Affidavit (seebelow), and power ofattorney ofthe property owner (page 3) (Both must be Notarized) -,L -A completed Neighborhood Petition form (attached) with the signature of each property owner in front. rear. left and right of his property showing they have no objections to the project (name. address. phone number). X All preliminan° and final site plans, along with property survey, must be submitted on CD -Rom disc in Cad format X Fifteen (15) certified boundary and topographic surveys of the property (size 36 x 24 inches) X Fifteen (15) copies of Site Development Plan showing all drainage, water. sewer.. structures. landscaping and parking in accordance with the City's zoning ordinance; (size 36 x 24) X Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be l" = 100" scale, Owner's name. address. folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) X 'Narrative concept to be submitted with application AFFIDAVIT 1. Mary Joann Colebrook being first duly sworn, depose and say that I am the OWNER of the property, and I understand that this application must be complete and accurate before apuhlic hearing can be advertised. Signature Date Sworn to and subscribed before me: This S day of � ? /(;���p 4 0/ Shelley S. Romard * i Notary Public. Slate of Ohio r My Commission Expires 08-29.2017 ordinance 0 -08 and 4.4 My commission expires 2014 FOREIGN LIMITED LIABILITY COMPANY ANNUAL REPORT DOCUMENT# M98000000124 Entity Name: TRADEMARK METALS RECYCLING LLC Current Principal Place of Business: 5401 W. KENNEDY BLVD SUITE 400 TAMPA, FL 33609 Current Mailing Address: 5401 W. KENNEDY BLVD SUITE 400 TAMPA, FL 33609 US FEI Number: 59. 3484760 Name and Address of Current Registered Agent: C T CORPORATION SYSTEM 1200 SOUTH PINE ISLAND ROAD PLANTATION, FL 33324 US FILED Feb 27, 2014 Secretary of State CC6952345391 Certificate of Status Desired: No The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the State of Florida. SIGNATURE Electronic Signature of Registered Agent Authorized Person(s) Detail Title MGR Name OELRICH, GREGORY W Address 5401 W. KENNEDY BLVD SUITE 400 City- State -Zip: TAMPA FL 33609 Title PRESIDENT Name BECKER, JAMES Address 5401 W. KENNEDY BLVD SUITE 400 City- State -Zia TAMPA FL 33609 Title MGR Name OELRICH, GREGORY W Address 5401 W. KENNEDY BLVD., STE -400 City- State -Zip: TAMPA FL 33609 Title MGRM Name THE DAVID J, JOSEPH COMPANY Address 300 PIKE STREET City - State -Zip: CINCINNATI OH 45202 Title VICE PRESIDENT COMMERCIAL Name FORD, BRAD Address 5401 W. KENNEDY BLVD SUITE 400 Clty- State -Zlp: TAMPA FL 33609 I hereby cerfity that the information Indicated on this report or supplemental report is true and accurate and that my electronic signature shell have the some legal affect as 1t made under oath; that I am a managing member or manager of the lrm led liability company or the receiver or trustee empowered to execute this report as required by Chapter 605, Flotilla Sfatules; and that my name appears above, or on an attachment with alt other like empowered. SIGNATURE: JAN LAY ACCOUNTING ASSISTANT 02/27/2014 Electronic Signature of Signing Authorized Person(s) Detail Date Received: Bv: Date: Page 4 of 5 PLANNING COUNCIL APPLICATION POWER OF ATTORNEY This form is to be attached to all applications, and to be returned with the application. No application will be honored or persons heard by the Planning Council unless a notarized copy of this Power of AttomeN is submitted. To: City of Opa -locka From: Mary Joann Colebrook Subject: Power of Attorney (authorization for a person, other than the property owner. to speak in the property owner's behalf}. 1 Mary Joann Colebrook being first duly sworn, depose and say that l am the owner ofthepropeM• legally described as: SEE A.11 A 1 do give to Mario Garcia -Serra and B. Scott Bennewitz the power of Attorney- and authority to speak in m\ behalf in reference to the above described propem. Further, by affixing my notarized signature to this document, 1 also authorize Mario Garcia -Serra and B. Scott Bennewitz to negotiate and commit to the City Commission and City Administration in m% behalf. I will abide by all final determinations of the Cite Commission and City Administration. 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Ronda Cashier WHITE — Customer Copy YELLOW — Office Copy PINK — Department Copy 405 V �a �0 o� N fD o y 05 H � ff gw d • A fD MINUTES PLANNING COUNCIL MEETING TUESDAY, JOY 1, 2014 I ROLL CALL: Planning Council meeting officially convened at 7:15 PM. Board Members in attendance: Elio Guerrero, Leslie Dennis, Calvin Russell, Chairman Also in attendance were Gregory Gay, Dir., Planning and Community Development, Gerald Lee, Zoning Official, Attorney Steven Geller, Inez P. Robinson, Community Development Clerk and Jerry Bell, City of Opa -locka Planning Consultant II INVOCA'T'ION AND PLEDGE: Chairman, Russell led the prayer and Pledge of Allegiance III APPROVAL OF MINUTES: Meeting Minutes approval was bypassed because they were still being processed. Mr. Lee explained that there was a problem recording that meeting and additionally time is necessary to prepare those minutes. However, they should be ready by the next regular Planning Council meeting. IV PUBLIC HEARING: Ms. Inez Robinson swore in everyone, in case they wanted to testify or talk about the matters on the agenda. Attorney Geller let everyone know that for public hearings and /or quasi-judicial hearings anyone who wishes to testify must be sworn in. Mr. Gregory Gay, introduced himself, as the new Director of Planning and Community Development, to everyone present and stated that there is a lot on the agenda and he, on behalf of the Administration, would like to suggest -- pertaining to the agenda - -that the first two items on the agenda and item #6 may be heard at this meeting, and in light of the board members not receiving their PC packages early enough for them to have time to read them and due to the lateness of time, he asked that the balance of the agenda be heard the following Tuesday, thereby, giving the board members adequate time to overview each item on the agenda. The three he suggested for discussion on this night was because the board members received the information on them approximately a month ago, but due to a lack of a quorum for the previously schedule PC meeting, they did not convene. Item #6, Mixed Use Ordinance, so that certain issues related to this item could move forward and go before the City Commission. Attorney Geller: Speaking to the Chairperson, Mr. Russell, stated that if a PC meeting has been properly notified and if every item on the agenda does not get heard, you can announce at a properly notified meeting that meeting will be continued to a future date. He let everyone know that legally and technically, the board can decide to continue all of some of the items on today's agenda at a future date. Chairman Russell: Referring to Mr. Gay, stated that the board would like to receive the PC Agenda a week in advance, but feels like the board could probably get to item #6 —Mixed Use Ordinance, but due to there only being three board members, he feels like the City should hold off on this item also. He feels like the City would have a better chance of a favorable outcome if it waits until more board members are in attendance. Additionally, Chairman Russell asked others in the audience if they want to wait until the next Tuesday's meeting, with hopes of a better outcome. Mark G, representing Trademark Metals Recycling, was in agreement with everything the chairperson said, concerning tabling the items on the agenda to next Tuesday meeting, if doing so would allow enough time for TMR to be on the July Commission Meeting Agenda. A discussion continued about no new advertising is necessary for items to be included in the Commission Meeting, since this PC meeting was properly convened. The City Attorney stated that he did not have the slightest idea and the reason is that it is technically up to the City's staff, and there's no problem with the advertising because it is already done. Attorney Geller further stated that if TMR will be on the last Commission meeting agenda, before they break for the summer, is an internal process, depending on how long it takes for the City to process things and get it to the Commission. He deferred the question to Mr. Lee to see if he knew the answer. Mr. Lee stated that since this is not a zoning issue, it does not require a 14 day notice. It's a site plan to build a building. Based on this information, Mark G stated that he was fine with waiting until next Tuesday for his item to be presented to the PC board. Attorney Geller told Chairman Russell that he needed a motion to take a vote on postponing some of the agenda items until next Tuesday's PC meeting. Chairman Russell asked those representing other agenda items, if they were in agreement for postponing their item until next Tuesday. All representatives besides those representing agenda items #1, 2, and 6 agreed to wait until next Tuesday for their matters to be presented to the PC board members. Chairman Russell asked for a motion to get the whole package (Agenda Items) postponed until next Tuesday. He stated that he believes they can discuss the Mixed Used item because this would be their third time discussing it. The representatives for Agenda Items # 1 and #2 decided to postpone until next Tuesday's meeting, in spite of Mr. Gay's suggestion that their items be presented on this evening, thus, leaving only Item #6 to be discussed tonight. Therefore, Chairman Russell asked for a motion to hear Agenda Items #1 -5 on next Tuesday. Councilman Elio Guerrero made the motion as asked by Chairman Russell and Attorney Geller emphasized that for the record, this was a properly advertised meeting and deferring several Agenda Items to next Tuesday, means no re- advertising is necessary. Councilwoman Leslie Dennis seconded the motion. The motion was unanimously passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Attorney Geller called for Agenda Item #6 to be presented to the board. Jerry Bell, consultant for the City of Opa- locka, Community Development Department, which is the applicant, presented the item to the board. The issue was to amend City Ordinance 86 -8, which is the Land Development Code. There were two separate ordinances. The first one was for creating the Mixed Use Overlay District, providing for incorporation of recitals, providing for conflict and repealer, providing for severability, for effective date. Mr. Lee presented Jerry Bell of the Corradino Consultant Firm, to the PC board as the City of Opa -locka Community Development Department representative. Mr. Bell stated that the purpose was to assist the City in its on -going redevelopment efforts by allowing for high quality mixed use development in appropriate locations. He stated that we want to target areas that are very close to transit, so we're following major corridors. He stated that the board members had a map in their package showing the area in question. There are two kinds of mixed -use development that will occur in the proposed area. These two types will depend on the underlining zoning. There are going to be areas that are residential /commercial mixed use, allowing for the development of various compatible residential offices and retail uses in a compact area. This will allow people a better opportunity to walk to these locations as opposed to having to use their automobile. This is for better design and would really support our redevelopment efforts. There are also areas that are industrial /commercial, allowing for existing industrial use, and where it's appropriate, to have a retail component, where you can actually sell the products that are being produced on site. The first one (residential /commercial use) will be allowed on properties that are zoned R -1, R -2, R -3, R -4, B -1, B -2, B -O and P, which allows for, on the first floor, retail uses, as well as, multi - family residential and office uses, and civic uses on the first floor. On the upper floors, it would allow for offices and residential uses. For the retail uses —a minimum of 10% of the uses should be used for neighborhood retail and by that he means retail that's really targeted at serving the surrounding neighborhood. For the commercial /industrial mixed use, that's allowed for properties that are labeled as Zone B -3, I -1, I -2 or I -3. In these areas, you can do retail uses that are very specific to selling the products that are produced on the site, which can be located on the ground floor, and then on the upper floors, there can be industrial uses and a parking garage. This allows for up to 20% of the building's square footage to be used for retail uses, which can be able to be increased to up to 35% if the building is providing for open space and if the building is contributing to the City's Moorish Architectural goals. Within the commercial /residential mixed use, there can be a maximum height of six stories for a mixed use building or up to four stories, if it's a single use building. It will allow up to eight stories in a density up to 150 units /acre, if it's providing for affordable housing or public open space. Also with in the commercial /industrial use there is an allowance for travel facilities for trucks. That's a conditional use in this area, and they have to be at least 500 feet away from an R -1, R -2, R -3, B -1 or B -2 district. You would be able to waive that if you provide some mitigation. Additionally, within the commercial /industrial area there is some provision that will allow for horizontal mixed use development and that is basically, not above, but adjacent to it, but that will be only when the hazardous nature of the materials that are produced on the site would require some separation from the retail uses. Mr. Bell stated that within the residential /commercial areas, the residential density is a 110 units /acre, and the maximum for a ratio of 3, but you will be able to go up to 150 units /acre, if you provide for affordable housing and compatible architecture. He pointed out that this information was some a summary of some of the major points of the ordinance. He welcomed questions from those on the board and in attendance of the meeting. A discussion followed about the specifics of the height and designs of the proposed buildings and apartments. Attorney Geller wanted to know if there is a minimum size for the units? Mr. Bell said there is and gave the specific sizes for various types of units. Mr. Gay explained to the board that they, too, have a say in how the industrial buildings and residential buildings are designed. The consultant, on behalf of the City, creates a draft and presents it to the board for their approval. If they disapprove and want changes made to the design, they have the power to authorize their decision. Chairman Russell expressed his desire for a great plan to make this Mixed Use plan work for the city and its citizens. Chairman Russell called for someone to make a motion to approve Ordinance 6A. Councilman Guerrero made the motion and Councilwoman Dennis seconded it. Ordinance 6A was passed unanimously by a 3 -0 vote. Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Attorney Geller read the second ordinance, Ordinance 6B, applicant is City of Opa- locka/Community Development Dept. It is an amendment to City Ordinance 86 -8, the Land Development Code, an ordinance of the City Commission of the City of Opa- locka, Florida to create article 8, Street and Mobile Vendor Ordinance. Chairman Russell asked Mr. Lee to explain it more to him. Mr. Lee stated that the City does offer a Peddler's License currently, and it occurred to the City that a license may need to be offered for other street vendors and for other kinds of activities of that sort in order that those selling could be licensed and regulated. This is the first step in giving them a variety of opportunities for peddlers, street vendors and other higher authority kind of uses where people serve food. What our ordinance has is for the opportunity for people to present items that are already processed but it doesn't give them opportunity to cook, process, or make things from scratch. This gives those opportunities and provides us guidance and regulations to deal with all three types. Mr. Bell further presented Ordinance 6B to the board. He delineated the safety precautions of the City's concerns. It allows for moveable vendor, special event - -food trucks rodeos, the City will be able to regulate mover vendor stalls on publicly owned lots. People who apply for these permits will have to provide the City with specific information, e.g. photos of equipment that is to be used, vehicle, owner and of everyone working on the truck and their names, a description of items sold, a notarized statement from the owner of the truck their health license and proof of insurance. The City police will do a background check for the public safety. There is also a series of prohibitions in this ordinance. It's going to prohibit vending in the right of way, the center medians, and the ends of the roads, these within 500' of a school, limit sells from within 300' of businesses selling the same product, sells in residential areas, loud noises and speaking devices. Another of the important provisions of the ordinance is that it does provide and allow for mobile vendors in specific locations for special events, the City will be allowed to designate moving vendors stalls on publically owned lots, and any money that is derived from that program will be earmarked for maintaining the common area and improving the area around it, so it's a way to kind of take advantage and perhaps if you have an area or vacant lot that's an eye soar this kind of use happening there. Mr. Bell welcomed questions after he presented the major points of the ordinance. Chairman Russell pointed out that Opa -locka is a small community of only about a four and a half miles radius, with about 2 'h miles of junkyards, recycling, all types of auto remodeling and fix up businesses. He believes it's not a good idea because outsiders will benefit more than residents. He suggested the City revisit and re -do this idea. He wants Opa -locka entrepreneurs, who are residents, to have special preference in obtaining license for mobile vending and food selling, or to have a set limit on the number of licenses permitted. Leslie Dennis stated that she thinks the vending/food truck business is a good idea, and Elio Guerrero stated that he agreed with Leslie Dennis. More discussion ensued with pros and cons for this kind of business. Gerald Lee stated that the City is going to take into consideration Chairman Russell's concerns and perhaps other amendments may need to be created to ensure the safety, concerns, and comfort of this city's residents. Councilman Guerrero made the motion to accept Ordinance 6B and Councilwoman Dennis seconded it. Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - No Mr. Lee stated that that concluded the City's agenda; however, the last item talked about having an update. In the discussions that we've had, we've talked about making changes and improving the city and accommodating the residents, and he said he thinks the biggest things that are happening in his department, concerning those matters, are the Comp Plan and the Land Development Code updates that are pending. He also stated that as we go forward, during this month, we would like to have audience with the entire Planning Council one -on -one about the issues that are coming and to try to focus you on what things are coming so that you can give us input before we start doing the public meetings so we can have your input, as we go forward, as members of our Planning Council. Mr. Gay stated that when he came on board, about four months ago, he discovered that our Comprehensive Plan and Land Development Code needed to be updated. Looking more specific at the latter, he noticed that it was basically created in 1996 and based on that date alone, he saw that it did not keep up with today's standards, as it relates to development within a municipality. The biggest challenge that he pick up on is that there are a lot of small items that have to go through several community review boards, the City Commission. In other municipalities, these particular types of activities or developments may not be reviewed as stringent as they are in Opa- locka. He stated that he understands that this city is a very caring and concerned community and very vocal, as it relates to what types of projects and programs being presented to the community, as a whole. Therefore, his department desires to meet with the board to present and discuss the Comprehensive Development Plan with them during this month, July. He would like to present the Comp Plan in a public forum in the form of a workshop in August or September. However, prior to that happening, he wants to have a meeting of the minds, brainstorming meeting with the principal stakeholders and Council members, including them, the PC board. Attorney Geller reiterated that the PC meeting would meet next Tuesday, July 8th, as a continuation of this meeting. Chairman Russell asked for a motion to adjourn the PC meeting. Councilman Guerrero made the motion to adjourn the meeting and Councilwoman Dennis seconded it. Chairman Russell stated the meeting was adjourned at 8:24 PM. Submitted by ATTEST: Inez Robinson Planning Council Clerk n Mr. Calvin Russell Planning Council Chairman MINUTES PLANNING COUNCIL MEETING TUESDAY, July 8, 2014 I ROLL CALL: Planning Council meeting officially began at 7:17pm. Members in attendance: were Chairman Calvin Russell, Councilman Elio Guerrero, and Councilwoman Leslie Deiu i Also present were City Attorney Joseph Geller; Comiinunity Development Director Gregory D. Gay, Zoning Official Gerald J. Lee, and Coinmunity Developmeiif Secretary Inez Robinson. II INVOCATION AND PLEDGE: Was stated immediately after roll call. III APPROVAL OF MINUTES: Minutes were bypassed due to the fact they were still being processed. IV. PUBLIC HEARINGS: APPLICANT:CITY OF OPA -LOCKA COMMUNITY DEVELOPMENT DEPARTMENT, 3400 NW 135TH STREET BLDG B., OPA- LOCKA, FL 33054. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE ARTICLE VIII STREET AND MOBILE VENDOR REQUEST: THE FOLLOWING AMENDMENTS TO CITY ORDINANCE 86 -8 (LAND DEVELOPMENT CODE). Planning Council Minutes 07/08/2014 Page 1 of 8 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, TO CREATE ARTICLE VIII STREET AND MOBILE VENDOR Mr. Gerald Lee reminded the Planning Council that this was an amendment previously presented to the council that failed. Staff asked if the Planning Council would reconsider the item with an amendment. Chairman Calvin Russell said he would like the amendment to include language that allows favor for city residents who operate as a vendor or that operate a food truck in the community. Chairman Russell moved to have the amendment reconsidered. Councilman Guerrero seconded the motion. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes City Attorney Geller suggested that staff do research to ensure that Chairman Russell's suggested amendment is clear before the vote. Asked to postpone the vote to the next meeting. Mr. Lee advised the council about the city manager's urgency to get this legislation before the commission. He suggested that it is passed during this meeting with the provision to give favor to city residents to operate food trucks and become food vendors so that once the research is conducted it can go straight to the commission. Chairman Russell moved to have the; amendment amended with the provision. Councilman Guerrero seconded the motion. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Chairman Russell moved to have the amendment voted upon. Councilman Guerrero seconded the motion. Roll call motion passed 3 -0 Planning Council Minutes 07/08/2014 Page 2 of 8 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes APPLICANT: GREAT WASTE & RECYCLING SERVICE, LLC. 3051 NW 129TH STREET, OPA- LOCKA, FL 33054 LEGAL DESCRIPTION:TR A LESS E 173 FT & LESS W 125 FT, LOT SIZE 53476 SQ FT OR 17101 -0707 0296 1; 1.23 AC, EAST VIEW GARDEN LAKE ADDITION ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 51, PAGE 17 OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA. SECTION 28 TOWNSHIP 52 SOUTH, RANGE 41 EAST. ZONED I -2 (FOLIO 08 -2128- 002 -0010) REQUEST: TEXT ADDED TO CODE TO PERMIT THE TRANSFER OF CONSTRUCTION & DEMOLITION DEBRIS FROM TRUCKS WITH A SMALLER ROLL -OFF CONTAINER TO A FORTY CUBIC YARD (40 CY) CONTAINER BY GRAPPLING TRUCK. 2.) FINAL SITE PLAN REVIEW FOR CONTAINER TO CONTAINER TRANSFER. Mr. Lee began the staff report by providing the context of the request. He explained that the City's code requires a site plan review for uses outside of those stated in the code. Staff had a couple conditions for approval: 1. Ensure that the property would a. be served by water and sewer b. follow current signage and duinpster regulations c. Include the landscaping, parking pavement, and storage yard concreate wall as specified in the site plan. Mr. Lee gave the history of these requests, stating that they came to the meeting on the 4th of February. However, they did not have both applications ready. They were advised to come back when both applications were submitted. Staff recommends approval of both requests. Chairman Russell opens public meeting. Carlos Piceinonna, owner of Great Waste Recycling Services opened the floor to questions from the council. Chairman Russell expresses concerned about commercial and residential effects of the hazardous material getting into the air, the storage containers moving during a storm, and the walls preventing the flow of rain water and causing flooding. Mr. Piccinonna explained that they want this request to improve production. They want to be able to transfer interior demolition material from smaller trucks to larger ones to Planning Council Minutes 07/08/2014 Page 3 of 8 free up the smaller trucks to collect more material and use the larger trucks to take material to the dump. Councilwoman Dennis asked how many times a day this would happen. Mr. Piccinonna replied 3 times. Councilman Guerrero asked about how to limit the dust. Mr. Piccinonna said they can wet the area to reduce the dust. Also, they plan to hire two more people. Councilman Guerrero asked for language added to include dust control. Mr. Lee said that can be included as a requirement in the site plan. Attorney Geller suggested that the request include language addressing airborne pollution. Councilman Guerrero motions for amendment to include language addressing airborne pollution. Second by Councilwoman Dennis. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Councilman Guerrero made a motion to pass the first request with amendment. Seconded by Councilwoman Dennis. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Councilman Guerrero made a motion to pass the second request. Seconded by Councilwoman Dennis. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes APPLICANT: ACCENT CONSTRUCTION SERVICES, INC /TERRY WILLIAMS. 13620 NW 27 AVENUE, OPA- LOCKA, FL 33054 LEGAL DESCRIPTION: TRACT D, BLOCK 148, OPA- LOCKA, PLAT NO THREE, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, PAGE 14, OF THE PUBLIC RECORDS OF MIAMI -DADE COUNTY, FLORIDA; ALK/A LOT 18, 19, 20, 21,22, AND 23, TRACT D, BLOCK 148, OF AFORESAID PLAT, LESS AND EXCEPT THAT PART OF TRACT D, DEEDED TO COUNTY OF MIAMI -DADE BY WARRANTY DEED DATED Planning Council Minutes 07/08/2014 Page 4 of 8 11- 22 -44, FILED 11- 28 -44, IN DEED BOOK 2442, PAGE 471 OF THE PUBLIC RECORDS OF MIAMI DADE COUNTY, FLORIDA. FOLIO: 08- 2121- 007 -2680. REQUEST: FINAL SITE PLAN REVIEW TO BUILD A CHECK CASHING STORE Mr. Lee explained that his office reviewed the site plan and provided feedback to Accent. Accent addressed the concerns. Staff recommended approval of the compliant site plan with the following conditions: 1. Unity of title submitted 2. Ensure that the property would a. be served by water and sewer b. follow current signage and dumpster regulations c. Include the landscaping and parking details as specified in the site plan. Chairman Russell calls public meeting to order. Terry Williams the representative for Accent introduces the traffic engineer and representative from architecture firm. Chairman asked what benefit the project will be to the city. Mr. Williams details how it would remove an eyesore at the entrance of the city and employ 10 -12 people. Councilman Guerrero asked about how the design would complement the city. Mr. Williams said it would rneet the design standards of the city. Chairman Russell expressed concerns about the ownership and lease agreement and how that may affect the quality of the building. Mr. Lee addressed those concerns. Councilman Guerrero motioned to move the request forward. Councilwoman Dennis seconds. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Attorney Geller suggested that they reconsider the motion to include language that specifies addressing staff recommendations. Councilman Guerrero motioned to reconsiders. Councilwoman Dennis seconds. Roll call motion passed 3 -0 Planning Council Minutes 07/08/2014 Page 5 of 8 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes Councilman Guerrero motioned to approve site plan subject to conditions and recommendations of staff. Councilwoman Dennis seconds. Roll call motion passed 3 -0 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes APPLICANT: EDNOLD OUTTEN /SALEM MISSIONARY BAPTIST CHURCH, INC. 2431 OPA -LOCKA BOULEVARD; 2415 OPA -LOCKA BOULEVARD, OPA- LOCKA, FL 33054 LEGAL DESCRIPTION: COMMUNITY GARDENS PB 151 -B LOT 9 & 10, BLK 151 -B AND COMMUNITY GARDENS PB 31 -5 LOTS 7 & 8, BLK 151 -B. FOLIO: 08- 2122- 011 -0614; 08- 2122 =01'1 -0620. REQUEST: FINAL SITE PLAN REVIEW FOR A PLACE OF RELIGIOUS WORSHIP. Mr. Lee provides the context for the request: Asks for approval of the request with the following conditions: 1. Unity of title must be submitted 2. Must agree to pilot regulations for non - profits 3. Ensure that the property would a. be served by water and sewer b. follow current signage and dumpster regulations c. Include;the landscaping and parking details as specified in the site plan. Chairman Russell opens the floor to public hearing. Faye Alton speaks on behalf of Salem Missionary Baptist Church and details the history of the church. Councilman Guerrero motions to grant request. Councilwoman Dennis seconds. Roll call motion passed 3 -0 Planning Council Minutes 07/08/2014 Page 6 of 8 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes APPLICANT: TRADEMARK METALS RECYCLING, LLC/ B. SCOTT BENNEWITZ & MARIO GARCIA -SERRA 300 PIKE STREET, CINCINNATI, OH 45202 LEGAL DESCRIPTION: WEST 70 FEET OF THE EAST 210 FEET OF LOT 1 AND LOTS 2 THRU 4 LESS WEST 10 FEET IN BLOCK 304, OF NILE GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31, AT PAGE 42. OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLIO NUMBER 08 -2128 -003 -0370) AND WEST 70 FEET FO THE EAST 140 FEET OF LOT 1, BLOCK 304; OF NILE. GARDENS, SECTION 1, ACCORDING TO THE PLAT THEREOF; AS RECORDED IN PLAT BOOK 31, AT PAGE 42, OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA. (FOLI.O NUMBER 08 -2128= 003 - 0360) REQUEST: FINAL SITE PLAN REVIEW TO CONSTRUCT A NEW BUILDING Mr. Lee presented staff report. They are trying to perform some protective measure on the fluff that is a product of their business. Staff recominends approval under the following conditions: 1. Unity of title must be submitted and recorded 2. Ensure that any future signage,comply with regulations. Chairman Russell opens public hearing. Mario Garcia -Cero, a lawyer representing TMR, introduces Mark Viacooli; manager of facility being discussed, and Michael Carr, an engineer. Mr. Garcia -Cero explains that purpose of the proposed building is to address environmental concerns. Councilman Guerrero motioned to grant request. Councilwoman Dennis seconds. Roll call motion passed 370 Elio Guerrero - Yes Leslie Dennis - Yes Calvin Russell - Yes V OTHER BUSINESS: Chairman Russell asked Mr. Gay if there was other business and Mr. Gay let him know that at this moment there was no other business. Planning Council Minutes 07/08/2014 Page 7 of 8 STAFF UPDATE Mr. Gay indicated there were no items for staff update. VI ADJOURNMENT Chairman Russell motioned to adjourn and Councilman Guerrero seconded the motion. Meeting adjourned at 8:34 pm. Submitted by Inez Robinson Planning Council Clerk, ATTEST: a r `!� Mr. Calvin Russell Planning Council Chainnan Planning Council Minutes 07/08/2014 Page 8 of 8