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HomeMy Public PortalAbout15-8897 Development Agreement Between Terry Williams Accent ConstructionsSponsored by: City Manager Resolution No. 15 -8897 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN TERRY WILLIAMS — ACCENT CONSTRUCTION SERVICES, INC., AND THE CITY OF OPA -LOCKA TO CONSTRUCT A CHECK CASHING STORE AT 13620 NW 27TH AVENUE, OPA- LOCKA, FOLIO 08- 2121 - 007 -2680; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 4.16 of the City's Land Development Code requires all new development, with the exception of single - family home construction and duplex construction, to enter into a Developer's Agreement; and WHEREAS, the Development Agreement spells out the terms, specifications, obligations and other requirements of the parties; and WHEREAS, Florida Statute 163.3225 requires the City to conduct two (2) public hearings, before execution of a Development Agreement; and WHEREAS, on September 9, 2014, the City's Planning Council held its first public hearing and by a two -to -one vote denied the motion to approve the Development Agreement; and WHEREAS, the second public hearing is to be held before the City Commission of the City of Opa -locka on January 14, 2015, to consider the Development Agreement; and WHEREAS, the City Commission of the City of Opa -locka wishes to approve the Development Agreement between the City of Opa -locka and Terry Williams — Accent Construction Resolution No. 15 -8897 Services, Inc., for site plan approval to construct a Check Cashing Store at 13620 NW 27th Avenue, Opa- locka. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa -locka hereby approves the Development Agreement, in substantially the form attached as Exhibit "A ", between the City of Opa -locka and Terry Williams – Accent Construction Services, Inc., to construct a Check Cashing Store at 13620 NW 27th Avenue, Opa- locka, folio 08- 2121 - 007 -2680, All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements, required by any government agency, having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant, i.e. water and sewer, sidewalks, roads, turn lanes, etc., shall be constructed in accordance with the application and all development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verify on -going compliance with all regulations. Section 3. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 14th day of January, 2015. ' -1 -x (RA-TAYLOR MAYOR Resolution No. 15 -8897 Attest to: Joa a Flores Cit Clerk Moved by: Seconded by: Commission Vote: Commissioner Kelley: Commissioner Pinder: Commissioner Santiag Vice -Mayor Holmes: Mayor Taylor: Approved as to form and legal sufficiency: Joseph S. Geller / Jol4Dellagloria GREENSPOON MARDER, PA City Attorney COMMISSIONER KELLEY COMMISSIONER PINDER 3 -2 YES YES o: YES NO NO MIAMI HERALD I MiamiHerald.com ND SUNDAY, NOVEMBER 30, 2014 1 SIND NOTICE IS HEREBY CIVEN that the City Commission ofthe ('ity ofOpa- locks. Florida will hold public hearings at its Regular Commission Meeting on Wednesday, December 10. 2014 at 7:00 p.tw in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa- locka. Flonda to consider the tbllomng items: SECOND RF.ADINC ORDINANCES /PIBLIC HF.ARINC: AN ORDINANCE'. OF'FHF: CITY COMMISSION OF "FHF ('I I OF OP,A- LOCKA. FLORIDA, AMENDING IIIF. PFRSONNEI. ADMINISTRAIIVP. REGULATIONS. PROCI`DURES AND BENFFFI I'MPLOYEF HANDBOOK, Al T'HOSF SECTIONS S- FYLF:D ANNUAL LEAVE AND SICK LEAVE. BA' PROVIDING THAT AI.I. AFFECTED EMPLOYEES RF.CF:IVI. 100!x, PAYMENT' OP II)OSI; ACCl;MlllATl'.D BENEFITS IRRESPF.CI'IVI[ OF YF,ARS OP l(MPLOYMIIN'I -: PROVIDING hOR IN(ORPORAI'ION OF RF:('IIAI.S: 1'ROA'IDING FOR CONE.,(( T AND REPEALER: PROVIDING FOR CODIFIC'AIION: PROVIDING FOR SF.VERABII.ITY: AND PROVIDING, FOR AN LFFNCI'IVI, DATE' ( firstreading held on November 1120 14). AN ORDINANCP'" Ol: THF. CITY COMMISSION OF 1'141 i CI FY OP OPA- LOCKA. FLORIDA. AMENDING SECTION 2 -45. STYLED "AGENDA`: 13Y PLACING CURRENI HIM M 2 -45 (7). STYLED " AWARDSPROCLAMAI ' IONS, `ACKNOWLFDGEMI,NIS" AS NEW ITEM 2- 45(s): BY DFLI1IING HEM 2- 45(9), STYLED "A RI[PORT FROM HIE, 24 "' CONGRLSSION'AI. DISTRICT OF FLORIDA ": BY DELIiCIION IfEM 2 -45( 101. STYLED "A REPORT FROM ANY STAIF SENATORS RFPRh:SI.NTING TIIH Cfl'Y 13Y DFLI-FING ITEM 2 -45(11 ). S IYLI.D "A RE POR "I' FROM ANY S'NAI'L' RII'RI'SLNTATIVES REPRI'SF.N "LING I fil:CIIY ": BY DELETING ITEM 2- 45(13), S YLED "MIAMI -DADF C'OUNTI' IIRE DLPARI MI.N "I' RF.PORI ": BY AMENDING AND RENCM13ERING Il'EM 2- 45(211)AS I "11[M 2- 451161 BY ADDIN(I'l liE CONSENTAGl_NDA AS LTI�, %I 16(A)AND MAKING FI1I- CITY MANAGER'S REPORT HEM 16(131: BY DF.LF FIND 1'I'EM 2- 45(22) S-1)'LI:D "CI'P'Y ATI'ORNta "S REPORT BY DhI..ETING I "I'F:M 2- 45(23) STYLED "Cl FY CLERK'S RLPOR'I : AND BY ADDING ITEM 2- 45(20) STYLED "ADJOURNMF.N I PROVIDING FOR RF N'UMBFRING ITEMS IN SEC ZION 2 -45 OF THE. CODE 01' ORDINANCES: PROVIDING FOR CON'ILICI AND REPEALER: PROVIDING FOR CODIFICATION AND SHVIRABII.II N% PROVIDING FOR AN I:FFF.0 "LIVE DAI'I_ (first reading held on November 12.2014). AN ORDINANCE, 01 I'll[-. CITY COMMISSION Of: '111E CFIY 01 OPA- LOCKA. FLORIDA, AMENDING SECT ION 2 -316 OF HIF CIIY CODF:'FO INCREASI-:'IIII- AMOI,YI I III- CI N' MANAGER MAY SPEND FOR PURCHASING SUPPLIES. EQUIPMENT AND SERVICES FROM FIVF I11O( SAND DOLLARS ($5.000) lO 1 W LNI YTHOUSAND DOLLARS ($20000,00) W III- IOIIIIILF CITY COMMISSION'SAPPROVAI.: PROVIDING FOR INCORPORATION OF RECFFAI S: PROVIDING FORCONFLICI'AND RLPLALFR: PROVIDING FORSEVERA1311.I I AND CODIFICNTION: PROVIDING FOR AN FFFE.C'TIVE DAI F (first reading held on November 12. 2014). RI?SOLL: 'IIONS /Pt '131,1(' HEARING: A RESOI.IIIION OF THE CIIY COMMISSION OP THE ('TTY OF OPA4 OCKA, FLORIDA, TO APPROVE: FLORIDA INDUSTRIAL. PROPERTIES SIX FRANK VEGAS REQUISI FOR SITE PLAN APPROVAL 10 OI)I{RALE A MIXI'.D -LSE TR.AVFL. CIiN'I IiR WHI('1T IN('LUDES ('OMMh.RC'IAL . INDUSI'RIAI- AND RETAIL L SES AI 3325 NW 135'" SIRI I:1. OI'A- I- O('KA. 1 :1.33054. POLIO N0. 08 -2121 -007 -2700: PROVIDING; FOR INCORPORATION OF RL('ItAt S: PROVIDING FOR AN I F PEC'11VF. DA 'I F. A RFSOI U I`ION OI "FHF: CITY COMMISSION OI "IHI: CI'1 -Y OF OPA- I.00'KA, FLORIDA, IO APPROVE PI ORIDA INDUS'IRIAI- PROI'ERIILS SIX:I'RANK VI= .G,A'S REQUI(S'I 10 AI' PROVEADEVIiI. OPMENIAG KLh: MP .NTTOOPF.RAII[AMIXED- LSIiIRAVEI CLN' ITRW' FIICII1N(' LUDI-. SCOMMIR ('IAI..INDLSTRIALANDRI:TAIL I. :SLSAT3325NW'135` S"IRF.FI. OPA- 1OCKA. FLORIDA. 33054. 101.10 NO. 082121- 007 -2700: PROVIDING FOR INCORPORAI ION OF RFCI IALS: PROVIDING FOR AN EFFLC JIVE DALE. A RESOLU "IION OF THL C'I'I Y COMMISSION OF 1FIE. CIIY OP OPA- I.00'KA, FLORIDA_ TO APPROVE ACCEN " ICONS I RUC "PION SERVI( FS. INC 'I FERRY W I I I TAMS RI QUkSI FOR S IF I'I.AN APPROVAL TO BUILD A CHECK CASHING STORE. AT 13620 NW 27"' AVENUI -. OPA- I.00KA. FLORIDA, 33094. 101,10 NO. 08 -2121- 007 -2680: PROVIDING FOR INCORPORATION 01 RI'.CIIAI_S: PROVIDING FORAM F?FFL( IIVF DATE. A RESOLUIION 01= "I'IIF CH COMMISSION OF II IF. CITY 01: OPA- LOC'KA, FLORIDA. 'FO APPROVE ACC'ENF /CONS'FRUC "LION SERVICES, INC, I'LRRY Wit I.IAMS REQLFST TO APPROVE A DFVELOPMI N`I AGRI E"MENT 10 BUILD A CHECK CASHING S'IOR1� Al- W' 13620 N 27 "' AVENUE. OPA- LOCKA, FLORIDA, 33054. E01,10 NO. 08- 2121 -00,7- 2680: PROVIDING FOR INC'ORPORAI [ON 01' RECITALS: PROVIDING FOR AN HIT( IIVF DATE. A RESOI U HON OI' TIIF: ('IT)' COMMISSION OP THL[ CITY OF OPA- LOCKA, FLORIDA, TO APPROVE. DW'AYNE WALKER CO (if _ORIE'IA PAR I'NF.RS. LID'S RI Qt FS FOR SI'IF: PLAN APPROVAL. FOR IHF: NEW C'ONSIRLC'1lON AND FOR IHE REHA1311_ I TAT ION OF "1HIS MU[ BFI- FAMILY DEVEI.OPMENI At 13180 PORT SAID ROAD, OPA- I.O('KA. OPA- 1.00KA. FLORIDA, 33054: 13122 PORT SAID ROAD. OPAI.00KA, FLORIDA, 33054:13002 At DRIVE. OPA- LOCKA. FLORIDA. 13054: (NO PROPERI -Y ADDRESS FOR 1:01 RTII PARCEL : 1308E ALEXANDRIA DRIVE.OPA- LOCKA, FLORIDA, 33054 (CITY PROPERTY): 13210 AITXANDRI.A DRIVE, OPA- LOCKA. FLORIDA. 33054 (CITY PROPERTY): SUBJEC -1 1'0 RECORDING OF A UNITY Of '1FI11. FOLIO NO'S: f)8-2128-007-0170: 08 -2125- 009 -0012: 08 -2128- 009 -0020: 082128-007-0210: OS -2128- 007 - 0270: 08-212S-009-0011: 08 -2128- 009 -00EE PROVIDING FOR IN( (ORPORATION 01' RFC IIAI S. PROVIDING FOR AN LFFI-:Ci IVI: DAI L, A RLSOLU'FION OF PILE. CIIY COMMISSION OI''I IIF. C'I I Y OF OPA- I.00KA, FLORIDA, "FO APPROVE DWAYNFi WALK[ {R C'iO GLORIF"I -A PARFNiiRS_ LID'S REQI+S'I'IO APPROVI. A DI-:VLI.OPMIfNI VGRF: I LMI[N FOR TIIF NI[W C'ONSTRLCFION AND I.OR I'HF. REITABILITATION OF IIIIS MUEII- FAMILY DEVLIOPMF:N7 Ah 13180 PORT SAID ROAD. OPA- LOCKA. FLORIDA. 33054: 13122 PORK SAID ROAD, OPALOCKA, FLORIDA. 33054: 13002 ALEXANDRIA DRIVE. OPA-LOCK.A, FLORIDA, 33054: (NO PROPLRIY ADDRISS FOR FOl1RI -II PAR( IT 13081 ALEXANDRIA DRIVG..OPA- L_OCKA_ FLORIDA. 33054 (CI IY PROPER "FY): 13210 ALEXANDRIA DRIVE, OPA- I.00KA. FLORIDA. 33054 (CI IY PROPERTY): SUB.IL-.( F 'FO RECORDING OF A UNIFY OF '11111:. FOLIO NO'S: 08 -2128 -007 -0170: 08 -2128- 009 -0012: 08- 2128- 009 -0020: 082128-007-02 10: 08 -2125- 007 -0270: 08 -2128- 009 -0013: 08- 2128 -009 -0014: PROVIDING FOR INCORPORATION OF RECI' JAI _S: PROVIDING FOR AN FFFF,CPIVE DATF". Additional information on the above items may he obtained in the Office of the City Clerk. 3400 NW 1351" Street. Bldg. B_ Opa- locka. Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSFANT'FO FS 286.0105: Anyone uh ;wire., 1 appeal aqr dcrislnn made hr am heard, agency, or contnue:dnn it respec t m mn math,r cunsideredat such meeting or hearing it need" retard o /the pr r ceding,, and /br that mason, mar need to "mire that a rerhatim record of the pt ,reeding,, i., made, trhi li r,% ord inrhtde, the testimoni and erialew e upnn irhich //w appeal nun' hr ha,ed. JOANNA FLORES, CMC CITY CLERK 20ND I SUNDAY, JANUARY 4, 2015 ND MiamiHerald.com I MIAMI HERALD 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. January 14. 2015 at 7:00 p.m. at the Helen L. Miller Center, 2331 NW 143'11 Street, Opa- locka, Florida to consider the following items: SECOND READING ORDINANCES /PUBLIC HEARING: AN ORDINANCE OF *1 CFIY COMMISSION 01: THE CITY OF OPA- LOCKA, FLORIDA, AMENDING THE PERSONNEL ADMINISTRATIVE REGULAFIONS, PROCEDURES AND BF.NEFFf EMPLOYEE HANDBOOK, AF THOSE SEC'I IONS STYLED ANNUAL LEAVE AND SICK LEAVE. BY PROVIDING THAT ALL AFFECTED FMPLOYFILS RECEIVE: 100% PAYMENT OF THOSE ACCUMULATED BENEFITS IRRESPECTIVE OF YEARS OF EMPLOYMENT: PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICA1ION: PROVIDING FOR SEVFRABlI.FIY: AND PROVIDING FOR AN EFFECIIVF. DAfE (first reading held on November 12, 2014). AN ORDINANCE, OF THE CITY COMMISSION OFF FIE CITY OF OPA- LOCKA, FLORIDA AMENDING SECTION 2 -45, STYLED "AGENDA ": BY PLACING CURRENF ITEM 2 -45 (7). " AWARDS / PROCLAMAIIONS /ACKNOWLE DGEMFNTS" AS NEW ITEM 2- 45(5); BY DELETING DEEM 2- 45(9), STYLED "A REPORT FROM THE 24111 CONGRESSIONAL. DISTRICT OF FLORIDA ": BY DELETING ITEM 2 -45 (10), STYLED A REPORT FROM ANY S'FATF SENATORS REPRESENTING'THF. CITY'; BY DELETING UFFM 2- 45(11). STYLED "A REPORT FROM ANY STATE REPRESENTATIVES REPRESENTING THE CITY: AND BY DELETING ITEM 2- 45(13), STYLED "MIAMI -DADS COUN"IN FIRE RESCUE DEPARTMENT REPORT; by amending ITEM 2 -45 (16) BY ADDING THE, CONSENT AGENDA AS ITEM 2 -45 (I3) AND MAKING THE CITY MANAGERS REPORT ITEM 16: BY DELETING ITEM 2 -45 (22) STYLED "CI"TY ATTORNEY'S REPORT"); BY DELETING FFEM 2 -45 (23) STYLED "Cl FY C'LERK'S REPORT" ); AND BY ADDING ITF"M 2 -45 (20) STYLED "ADJOURNMENT'; PROVIDING FOR RE- NUMERING ITEMS IN SECTION 2-45 OF'IHF CODE ORDINANCES: PROVIDING FOR CONFLICT AND REPL NLER: PROVIDING FOR CODIFICATION AND SEVERABILITY: PROVIDING FOR AN EFFFCTFVF. DATE (first reading held on November 12, 2014). AN ORDINANCE OF THE CITY COMMISSION OF THE CFFY OF OPA- LOCKA, FLORIDA, AMENDING SECTION 2 -316 OF THE CF1Y CODE TO INCREASE THE AMOUNT THE CITY MANAGER MAY SPEND FOR PURCHASING SUPPLIES. EQUIPMENT AND SERVICES FROM FIVE 'THOUSAND DOLLARS ($5,000) TO TWENTY 'THOUSAND DOLLARS ($20.000.00) WITHOUT THE CITY COMMISSION'S APPROVAL: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR CONFI FCT AND REPS NLER: PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DAIT, (first reading held on November 12, 2014). RESOLUTIONS /PUBLIC HEARING: A RESOLUTION OF THE. CITY COMMISSION OF THE CFFY OF OPA LOCKA, FLORIDA. TO CONSIDER THE REQUEST 01" FRANK VEGA 11 ORIDA INDUSTRIAL. PROPERHES SIX. FOR SITE PLAN APPROVAL. TO CONSTRUCT AND OPERATE A MIXED USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL. INDUSTRIAL AND RETAIL USES AT 3325 NW 135 "' STRF,EI, OPA- I.00KA. FOLIO 08- 2121 - 007 -2700; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN F,FFE( IWE DAfF. A RESOLUTION OFTHECI' IY COMMISSION OFTHE CITY OF OPA LOCKA, FLORIDA ,TO APPROVE ADEVELOPMENTAGREFMEN1 BE1WLEN FRANK VEGA FLORIDA INDUSTRIAL PROPERTIES SIX, AND THE CITY OF OPA -LOCKA TO CONSTRUCT AND OPERATE A MIXED -USE TRAVEL CENTER WHICH INCLI IDES COMMERCIAL, INDUSTRIAL AND RETAIL USES AT 3325 NW 13511' STREET, OPA- LOCKA. FOLIO 08- 2121 - 007 -2700: PROVIDING FOR INCORPORATION OF RFCI'IALS: PROVIDING FOR AN EFFECTIVE DACE. A RESOLUTION OF FHE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, TO CONSIDER T111: REQUES I OF FERRY WILLIAMS - ACCENT CONSI RUC HO\ SERVICES, INC.. FOR SITE PLAN APPROVAL FOR CONSTRU'C'TION OF A CHECK CASHING STORE. AI' 13620 NW 27T1 AVENUE. OPA -I OCKA. FOLIO W- 2121- 007 -2680: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FORAN EFFFCIIVE DATE A RESOLUTION OF THE CITY COMMISSION OF THE CITY OP OPA LOCKA. FLORIDA, TO APPROVE A DEVELOPMENT ACiREEME.NT BETWEEN TLRRY W11.1_IAMS ACCENT CONSTRUCTION SERVICES, INC., AND-1 HE CITY OF OPA- LOCKAIO CONSTRUCT A CHECK CASHING STORE AF 13620 NW 27111 AVENUE, OPA- LOCKA. FOLIO 08- 2121 -007 -2680: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN EFFECTIVE; DAFT;. A RESOLUTION OF THE CITY COMMISSION OF THE CTIY OF OPA LOCKA, FLORIDA, TO CONSIDER THE, REQUEST OF DWAYNE WALKER C/O GLORI I:IA PARTNERS, LTD, FOR SITE. PLAN APPROVAL FOR NEW CONSTRUCIION AND FOR THE, REHABILFIAFION OF A MULTI - FAMILY DEVF"L.OPMF.NT AT 13180 PORT SAID ROAD, OPA- LOCKA: 13122 PORT SAID ROAD, OPA- LOCKA; 13002 ALEXANDRIA DRIVE. OPA- LOCKA: (NO PROPERTY ADDRESS FOR THE FOURTH PARCEL.: 13081 At DRIVE. OVA-LOCKA (CITY PROPERTY): AND 13210 ALEXANDRIA DRIVE., OPA -LOCKA (CITY PROPERTY): FOLIOS: 08 -2128- 0070170:08 -2128- 009 - 0012:08- 2128- 009- 0020: 08- 2128 - 007 -0210; 08-2128-007-0270:08-2128-009-0013: AND 08- 2128 -009 -0014; PROVIDING FOR INCORPORATION' OF RECITALS: PROVIDING FOR AN EFFECTIVE. DATF. A RF:SOLU [ION OF 1 HE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA. TO APPROVE DWAYNE WALKER CO GLORIFTA PARTNERS, I:ID'S REQUEST TO APPROVE A DEVELOPMENT AGREEMENT FOR THE NEW CONSTRUCTION AND FOR THE REHABILITATION OF THIS MU11 -1- FAMILY DEVEL.OPMEN'I Al 13180 PORT SAID ROAD, OPA- LOCKA, FLORIDA. 33054: 13122 PORT SAID ROAD. OPA- I.00KA, FLORIDA, 33054: 13002 ALEXANDRIA DRIVE, OPA -LOG KA, FLORIDA, 33054; (NO PROPFRTY ADDRESS FOR FOURTH PARCEL: 13081 ALEXANDRIA DRIVE, OPA- LOCKA, FLORIDA, 33054 (CITY PROPERTY); 13210 ALEXANDRIA DRIVL OPA- LOCKA. FLORIDA, 33054 (CITY PROPERTY): SUBJECT TO RECORDING 01: A UNITY OF TITLE. FOLIO NO'S: 08 -2128- 007 - 0170; 08 -2128- 009 -0012: 08 -2128- 009 -0020: 08- 2128 - 007 -0210: 08 -2128- 007 - 0270: 08 -2128- 009 -0013: 08 -2128- 009 -0014: PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN EFFECTIVE DATE. Additional information on the above items may be obtained in the Office of the City Clerk. 3400 NW 135"' Street, Bldg. B, Opa- locka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. PURSUANTTO FS 286.0105: Anyone who desires to appeal am decision made b hoard, agency. or commission with respect to aqv mallet considered at such nrreting or hearing will need a record n/ the proceedings, and for that reason, may need to ensure that a verbatim record oI the proceedings is nmde, Ouch record includes the testimony and evidence upon which the appeal mar he bawd. JOANNA FLORES, CMC CITY CLERK City of Opa -Locka Agenda Cover Memo Commission Item Type: Resolution Ordinance Other X Meeting Date: December 10, 2014 (Enter X in box) Ordinance Reading: 1S 2 "d Reading Yes No (Enter X in box) Reading Fiscal Impact: (Enter X in box) Public Hearing: Yes No Ye s No X (Enter X in box) X X Funding Source: (Enter Fund & Dept) Advertising Requirement: Yes No N/A N/A (Enter X in box) X Contract/P.O. Yes No Required: RFP /RFQ /Bid #: N/A X (Enter X in box) Yes No Strategic Plan Priority Area: Strategic Plan Obj. /Strategy: Strategic Plan Enhance Organizational El Related Bus. & Economic Dev N/A (EnterX in box) X Public Safety Quality of Education 0 Qual. of Life & City ImageM Communication 0 Sponsor Name City Manager Department: Community Development Short Title: Resolution of the City Commission of the City of Opa -locka to consider the request of Terry Williams — Accent Construction Services, Inc., for approval of a Development Agreement to construct a Check Cashing Store at 13620 NW 27th Avenue, Opa- locks, FL 33054, also identified by folio 08- 2121 - 007 -2680. Staff Summary: Section 4.16 of the City's Land Development Code requires all new development, except for single - family home and duplex construction, to enter into a developer's agreement. Developer's Agreements ensure that private and public facilities are provided in tandem with project build -out. Accent Construction Services, Inc DA9 -9 -14 1 The process is simple: the City of Opa -locks agrees to pre- approve a development schedule and program in exchange for developer - provided public and private improvements. Developer's agreements are authorized by Florida law. Before entering into a development agreement, F.S. 163.3225 requires the local government to conduct two (2) public hearings. At the option of the local government, one of the required public hearings may be held by the local planning agency. Under section 17 -17 of the Opa -locka city code, the city's Planning Council shares in half of the local planning agency's responsibility. The first public hearing was held September 9, 2014. At this meeting, the Planning Council's motion to approve the development agreement failed by a vote of 2 members for approval and 2 members against approval. The second public hearing is scheduled for December10, 2014. This hearing must be held before the City Commission. The property owner / developer has a pending request for final site plan review which will also be heard on December 10, 2014. In accordance with City Ordinance 86 -8, once the City Commission approves the final site plan, a developer's agreement (see attached) is required prior to the issuance of a building permit. Specifically, section 4.16 of the Land Development Code requires the applicant / developer and property owner to agree to the following terms: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements, required by any government agency, having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant, i.e. water and sewer, sidewalks, roads, turn lanes, etc., shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verify on -going compliance with all regulations. This Development Agreement was presented to the Planning Council and the motion for approval failed by a 2 -2 vote. Proposed Action: Staff has no recommendation for this Development Agreement. Attachments: Development Agreement Planning Council Meeting Minutes 9 -9 -2014 Planning Council Application Accent Construction Services, Inc DA9 -9 -14 Z TO: Myra L. Taylor, Mayor Timothy Holmes, Vice Mayor Terrence Pinder, Commissior Joseph L. Kelley, Commissio Luis B. Santiago, Commissio FROM: Kelvin L. Baker, Sr., City Man, DATE: December 1, 2014 RE: RESOLUTION OF THE CITY COMMISSION OFTHE CITY OF OPA- LOCKA TO CONSIDER THE REQUEST OF TERRY WILLIAMS — ACCENT CONSTRUCTION SERVICES, INC., FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A CHECK A CASHING STORE AT 13620 NW 27TH AVENUE, OPA- LOCKA, FL 33054, ALSO IDENTIFIED BY FOLIO 08- 2121 - 007 -2680. Request: Resolution of the City Commission of the City of Opa -locks to consider the request of Terry Williams — Accent Construction Services, Inc., for approval of a development agreement to construct a check cashing store at 13620 NW 27th Avenue, Opa- locka, FL 33054, also identified by folio 08- 2121 - 007 -2680. Description: Section 4.16 of the City's Land Development Code requires all new development, except for single - family home and duplex construction, to enter into a developer's agreement. Developer's Agreements ensure that private and public facilities are provided in tandem with project build -out. The process is simple: the City of Opa -locka agrees to pre- approve a development schedule and program in exchange for developer - provided public and private improvements. Developer's agreements are authorized by Florida law. Before entering into a development agreement, F.S. 163.3225 requires the local government to conduct two (2) public hearings. At the option of the local government, one of the required public hearings may be held by the local planning agency. Under section 17 -17 of the Opa -locka city code, the city's Planning Council shares in half of the local planning agency's responsibility. The first public hearing was held September 9, 2014. At this meeting, the Planning Council's motion to approve the development agreement failed by a vote of 2 members for approval and 2 members against approval. The second public hearing is scheduled for December 10, 2014. This hearing must be held before the City Commission. The property owner / developer has a pending request for final site plan review which will also be heard on December 10, 2014. In accordance with City Ordinance 86 -8, once Accent Construction Services, Inc. DA 7­14 1 the City Commission approves the final site plan, a developer's agreement (see attached) is required prior to the issuance of a building permit. Specifically, section 4.16 of the Land Development Code requires the applicant / developer and property owner to agree to the following terms: 1. All impacted public facilities shall be adequate to serve the site at an acceptable level of service prior to receiving a certificate of occupancy. 2. All public improvements, required by any government agency, having jurisdiction or voluntarily proposed by the applicant to be installed by the applicant, i.e. water and sewer, sidewalks, roads, turn lanes, etc., shall be constructed in accordance with the application development regulations prior to the issuance of a certificate of occupancy or the City shall receive an acceptable guarantee such as a performance bond or letter of credit to ensure those items are installed and completed. 3. The applicant guarantees to preserve and maintain all buildings and structures. 4. Submission of annual reports and additional documentation as required by the City Commission to verify on -going compliance with all regulations. This Development Agreement was presented to the Planning Council and the motion for approval failed by a 2 -2 vote. Financial Impact: There are no immediate financial impacts associated with approval of this site plan; however, once site and building improvements are completed, the City will realize enhanced tax revenues, franchise fees, impact fees, and building permit fees. Implementation Time Line: Immediately Legislative History: Ordinance 86 -8 Planning Council Recommendation: Planning Council recommendation for approval failed by a 2 -2 vote. Staff Recommendation: Staff has no recommendation for this site plan review Attachment(s) Planning Council Meeting Minutes 9 -9 -2014; Site Plan Checklist Planning Council Application Site Plan Report Prepared By: Gerald Lee, Zoning Official Gregory Gay, Director Community Development Department Accent Construction Services, Inc. DA 7­14 2 " THE GREAT CITY " OQp.�OCkq . t Rao AA1 BQ PLANNING COUNCIL APPLICATION APPLICATION NUMBER: 1 `i ° 9 - d5 -CHECK NUMBER: _ PROPERTY OWNER'S NAME: roxt&5 r PROPERTY OWNER'S ADDRESS: a -Q WI-C_en aye Number /Street City APPLICANT'S NAME: APPLICANT'S ADDRESS: ,5 Number /Street City PHONE NUMBER: OFFICE HOME Received: By: Date: TE RECEIVED: State /Z p Code `- AF State /Zip Code 3y� OTHER SUBJECT PROPERTY ADDRESS: l �6,Ao All„, )L7,1 , P/J "y Number /Street TAX FOLIO NUMBER: Q PRESENT ZONING: ®a 6.ve" ,; J O � LEGAL DESCRIPTION: 1 5.2 '11 a 17 ��%-4�k_,4 �4 v ©3 8,431 ^ 119 7� {' D. �- d d �` e 0 9 Please check specific request: _Tentative Plat _Final Plat _Comprehensive Plan Amendment _ Rezoning _Drainage Plan _Fill Permit Request _Preliminary Site Plan Review rinal Site Plan Review _Conditional Use Permit - No Plans _Conditional Use Permit - With Plans _Special Exception - No Plans pecial Exception - With Plans Other - Please specify: Add any additional information that may be of importance to this request: Reterence to Ordinance 13 -08 Section 4.13 and 4.4 Pa6 50t Received: By: Date: Page 3 of 5 PLANNING COUNCIL APPLICATION (Checklist) Applications will not be accepted without the following data. For a public hearing, all items below are necessai and must be submitted. Completed application form Application fee payable to the City of Opa -locka by check or money order Copy of property owner's and/or applicant's driver license /photo I.D. Affidavit (see below), and power of attorney of the property owner (page 3) (Both must be Notarized A completed Neighborhood Petition form (attached) with the signature of each property owner in front, rea: left and right of his property showing they have no objections to the project (name, address, phone number). /—All All preliminary and final site plans, along with property survey, must be submitted on CD -Rom disc in Ca 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, landscaping any parking in accordance with the City's zonine ordinance; (size 36 x 24) r/ Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of saic parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parce (Original and 2 copies size of document to accommodate scale) Narrative concept to be submitted with application AFFIIDAVIT I, C NR,L05 ��eing first duly sworn, depose and say that I am the OWNER of the property un er that thi plication mus be complete and accurate before a public hearing can be advertised. and nature IS 14 Date Sworn to and subscribed before me: This %J day of Notary Public` Attacgeopilly ii �opry Public State o f Florida bara Wortg y ` CbmmiWoo, EE053892 'Tires 0110 912 01 5 Reference to Ordinance 13 -08 Section 4.13 and 4.4 My commission expires C?/ 0LI` -2 Received: By: 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 persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted. To: City of Opa -locks From: Ae-"vot- r Gov 54 — Sevv, Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the properr {� owner's behal . I A' `0 �N ®�- , being first duly sworn, depose and say that I am the owne of the property legally described as: I do give to 665 A CGcJt1 -r LChhe power of Attorney and authority to speak in m} behalf in reference to the above des 'bed roperty. Further, by .affixing my notarized signature to this document, I alsc authoriz w i Lo IJ,! QC6UT CE MUM to negotiate and commit to the City Commission and City Ad 'sue tion iymbelral I will abide by all final determinations of the City Commission and City Administration. S -- ! ----S -- t Date Sworn to and subscribed before me: This _f day of Notary Public 40 PQ, NeivY Public State of Florida lefbers Wong Attach copy of ident MY Commissio b EE053892 aspires 011094b15 Reference to Ordinance 13 -08 Section 4.13 and 4.4 //II � My commission expires:/ L v May 21, 2014 City of Opa -Locka Planning Council Application Narrative concept for property located at 13620 NW 27 ave. Opa- Locka, Fl The proposal for the above mentioned property is to begin by completely removing the existing structure and parking lot. A new, 2000 square feet building will be erected as well as an accompanying parking lot with new landscaping, irrigation and lighting. The facility, owned by Checking Cashing USA, will be home to a national check cashing store which will be compliant with all applicable codes and regulations required by the city of Opa- Locka. Accent Construction Services Inc. Detail by Entity Name Florida Profit Corporation ACCENT CONSTRUCTION SERVICES, INC. Filing Information Document Number FEI /EIN Number Date Filed State Status Principal Address 5421 SAN LUIS TER NORTH PORT, FL 34286 Changed: 01/09/2012 Mailing Address 5421 SAN LUIS TER NORTH PORT, FL 34286 Changed: 01/09/2012 P07000027127 208550290 03/01/2007 FL ACTIVE Registered Agent Name & Address MACDONALD, DONALD 5421 SAN LUIS TER NORTH PORT, FL 34286 Address Changed: 01/09/2012 Officer /Director Detail Name & Address Title PS MACDONALD, CASSANDRA 5421 SAN LUIS TER NORTH PORT, FL 34286 Title VPT 4 :96:24 Pilii 5123120-, Data Contained In Search Results Is Current As Of 05/23/2014 04:15 PM. Search Results Please see our glossary of terms for an explanation of the license status shown in these search results. For additional information, including any complaints or discipline, click on the name. License Type Name Name License Number/ Status /Expires Type Rank Certified Building ACCENT C0NSTRUQbti r, pBA CBC1255498 Current, Active Contractor SERVICES INC. Cert Building 08/31/2014 Main Address *: 5421 SAN LUIS TERRACE NORTH PORT, FL 34286 Certified Building Contractor — - – -' I – -' - - " -1 -� Primary CBC1255498 Current, Active Cert Building 08/31/2014 Main Address *: 5421 SAN LUIS TERRACE NORTH PORT, FL 34286 * denotes Main Address - This address is the Primary Address on file. Mailing Address - This is the address where the mail associated with a particular license will be sent (if different from the Main or License Location addresses). License Location Address - This is the address where the place of business is physically located. 1940 North Monroe Street, Tallahassee FL 32399 :: Email: Customer Contact Center :: Customer Contact Center: 850.487.1395 The State of Florida is an AA /EEO employer CvI?y!r15_j ct 2007-2010 Staff_ of Florida.. Privacy Statement Under Florida law, email addresses are public records. If you do not want your email address released in response to a public - records request, do not send electronic mail to this entity. Instead, contact the office by phone or by traditional mail. If you have any questions, please contact 850.487.1395. *Pursuant to Section 455.275(1), Florida Statutes, effective October 1, 2012, licensees licensed under Chapter 455, F.S. must provide the Department with an email address if they have one. The emails provided may be used for official communication with the licensee. However email addresses are public record. If you do not wish to supply a personal address, please provide the Department with an email address which can be made available to the public. Please see our Chapter 455 page to determine if you are affected by this change. RE: PROPERTY ADDRESS: LEGAL DESCRIPTI( Received: By: Date: Page 5 of 5 PLANNING COUNCIL NEIGHBORHOOD PETITION i3G,)-® Al (A1 ;- scil". PROPERTY OWNER'S NAME: ADDRESS (If different): Reference to Ordinance 13 -05 Section 4.13 and 4.4 )�4 ONE:7 & 2-t-KL Page 5 of 5 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 136,)-® MVV yt 7cLy. LEGAL DESCRIPTI( Received: By: Date- )�4. r" PROPERTY OWNER'S NAME: LAS PHONE: ADDRESS (If diffe Signature Reference to Ordinance 13 -08 Section 4.13 and 4.4 RV 31; Page 5 of 5 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 136,20 Al V ;Z 7g V . LEGAL DESCRIPTI( Received: By: Date: mi PROPERTY OWNER'S NAME: rA ' PHONE: Q -S ADDRESS (If different): ea a ,a 70S Reference to Ordinance 13 -08 Section 4.13 and 4.4 Thomas A. Hall, Inc. 1355 Adams Street Hollywood, FL 33019 954- 288 -4447 tomha111234@gmall.com June 2, 2014 Terry Williams Terry Williams, Inc. 16654 SW 5 Way Weston 33326 RE: Opa -Locka Check Cashing Store Traffic Statement Project No. 201407.01 Dear Terry: This is in response to your request for a traffic statement providing an estimate of trips associated with the proposed new development located at 13620 NW 27th Avenue in the City of Opa- Locka, Florida. As a result of the proposed development program, the existing, vacant property is to be the site of a 1,997- square -foot retail building containing a check cashing store. This traffic statement has been prepared in consideration of Section 4 -61, Concurrency Management Systems, of the City of Opa -Locka Land Development Code. What follows is a brief statement of the analysis methodology and findings resulting from our effort: 1. Trip Generation Analysis In order to determine the traffic impact associated with the proposed retail space, analysis of trips expected to be generated by the proposed development was conducted. Trip generation characteristics provided in the Institute of Transportation Engineers' (ITE) Trip Generation manual, Wh Edition, were consulted and an estimate of the proposed retail uses' daily and p.m. peak hour trips was completed. ITE Code 826 — Specialty Retail - was selected as the most directly applicable land use code since the property is zoned B2, Commercial. Tables 1 and 2 (enclosed) show the trips expected to be generated by the proposed retail land use. Note that a small reduction in trips was assumed for the proposed retail development as a result of pass -by capture. That is, it was recognized that a portion of the traffic oriented to the retail use was on its way elsewhere and pulled in while passing by on either NW 27th Avenue or Opa -Locka Boulevard. As Tables 1 and 2 show, the proposed 1,997 square feet of retail results in a net new increase in trips on both a daily basis and afternoon peak -hour basis. On a daily basis, there is an increase of 80 trips. On an afternoon peak -hour basis (the peak hour of the day), there is an increase of 4 trips. 2. Concurrency Review The proposed check cashing store is to be located in the northwest corner of the intersection of NW 27th Avenue and Opa -Locka Boulevard. The project site plan indicates that traffic is permitted to enter the site from NW 27th Avenue and both enter and exit from the driveway I ROLL CALL: II III MINUTES PLANNING COUNCIL MEETING TUESDAY, September 9TH, 2014 The meeting was called to order at 7:07 p.m. by attendance: Chairperson, Calvin Russell, Oria Rodrigue Absent Board Member: Leslie Dennis , Also in attendance were Gr (PCD), Gerald Lee, Zoning Attorney, Kinshannta Hall, INVOCATION Pledge of Allegi, a members in ind Community Development Planner, Steve Geller, City Administrative Assistant )afd Member, Rose Tydus led the prayer and the the prayer. Pell asked if a motion could be made to have the minutes approved ✓Iember Oria Rodriguez made a motion to approve the minutes and seconded the motion. Upon roll call, the minutes passed 4 -0. Planning Council Minutes 09/09/2014 Page 1 of 10 Calvin Russell - Yes Elio Guerrero - Yes Oria Rodriguez - Yes Rose Tydus - Yes IV. PUBLIC HEARINGS: APPLICANT NAME: CITY OF OPA -LOCKA COMMUNITY DEVELOPMENT DEPARTMENT REQUEST: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY &A-LOCKA, FLORIDA, TO AMEND ORDINANCE 86 - 8, THE LAND DEVELCONCERNING CHURCHES IN THE LIMITED INDUSTRIAL Z(I- 1 DISTRICT) AND THE INDUSTRIAL PLANNED DEVELO 3 rW DISTRICT) Attorney Geller stated that he needs to explain where but that he was allowing city staff to speak on the Gay introduced new staff memb Planner Josue Leger presented the for religion institutions, religious entities going concerns the city is meeting, city planner. City on the Ordinance which would s power point discussed the zoning of the ordinance, set of using Leger also states some of the undefined parking, poor landscaping, and site research, for this ordinance was done by the City of Opa- department interns, was pertaining to a comparison of how The research also provided insight as to how other cities legislated this issue of religious use in industrial zoning districts. The City of Pembroke Pines allows religious activity in industrial districts and requires regulations that address parking spaces to accommodate the religious use. This use is also allowed in Miami Gardens and the industrial areas have code reference criteria pertaining to that. North Miami Beach also allows Churches within industrial areas. Planning Council Minutes 9/9/2014 Page 2 of 13 Attorney Geller shared substantial concerns regarding this at the last meeting. Attorney Geller recalls that he sent emails back and forth between Mr. Gay, and Mr. Lee regarding this issue. A religious freedom restoration act has been ruled unconstitutional. It has been replaced with "RLUIPA" which stands for Religious Land Use and Institutionalized Persons Act. There was a lengthy discussion on this land use which included zoning. It is a broad statue, which is extremely complicated, Attprney Geller stated. He added, that multiple seminars occur every week and undefined. Attorney Geller stated he called the Justice Department section that deals with "RLUIPA." he spoke with the people who dealt with' they suggested that we will be okay. a U.S. Attorney would look at showing how complicated this conversation the current situation any leisure halls, to clear this matter up. In his concern. Attorney Geller speaks that our places of religious assembly are located and not permit any of zoning district, but you can't, however, treat religious institutions or differently than any other regular assembly or use. For example, centers, theaters, knights of Columbus or any place where people would meet. Attorney Geller gives another example, in Hollywood, Florida a Jewish temple ran by an orthodox sect operating in a residential neighborhood. They didn't have parking. Planning Council Minutes 09/09/2014 Page 3 of 10 However, the justice department determined if you can have a day care center in a residential than the same thing must apply for a place that worship. It makes sense to require extra parking for a religious institution since more people will be in attendance and will be praying. A complaint was filed against the city of Hollywood, Florida. The City lost the case and the fees paid to the religious institution and their attorneys was in excess of 1 million dollars. Attorney Geller explained that this is the reason this action and why I urge my brother (Attorney Joseph Geller) to caution the city that it is not an open opinion here. Accoliing to 'm questioning , the proposed amendment to the recommended that the use and amending whereas /was by sa imnan ne and Planning Staff. He also discretion to avoid being sued concerning this it in the industrial district. If you add a 5th meets city code recommendation as a special by the city. explained if the U.S attorney cannot provide an answer, I can't give you ns r. The city must approve if the requirements are met. Furthermore, Attorney Geller stated, "I've given you all the warnings I can give you. "Please amend by adopting the bold face language." He ended with saying that he will be more than happy to answer any questions about "RLUIPA" or specifics about tonight. Planning Council Minutes 9/9/2014 Page 4 of 13 Chairman Russell asks if anyone have any questions for the attorney. Mr. Lee suggested to Chairman Russell to swear in any person that wants to speak in the public forum. Chairman Russell opened the floor for Public Hearing. Chairman Calvin Russell asks the planning council clerk, Kinshannta Hall to swear in the person. The planning council clerk Kinshannta hall swore in Priscilla McCray. Priscilla McCray spoke on the ordinance and added she was looking forward to it being a benefit for organizations for locals of the Opa -locka community, and she feels many religious organizMbps have been established within the Opa -locka community. Priscilla McCray who is a pastor wants to open community, which will provide clothing, food and Geller clarified that this ordinance only not apply to a church related thrift ordinance. This ordinance permi Member Rose Tydus Attorney assemblies; it would not permitted under this fically to the staff, asking "How many as it stands today ?" Mr. Lee, stated, "I , churches that have licenses that have gone 35 -40 in the neighborhood. Mr. Lee also suggested that verified number at a later date. Member Rose Tydus also asked, is proposing this change ?" Mr. Lee states the community has received multiple requests from multiple people, and organizations asking to bring places of religious worship, at the same time information has been provided that there are churches that already operate in industrial zoning districts without city approval. Planning Council Minutes 09/09/2014 Page 5 of 10 Member Rose Tydus stated, "I'm concerned about the concerns of the city attorney, instead of considering this change." We should focus on the existing areas instead of changing the ordinance. Chairman Calvin Russell thanked the new City Planner, Josue Leger for the power point presentation. Also, Chairman Calvin Russell said that parking is not an issue in industrial zoning districts since most businesses will be closed on Sundays when most religious institution operate. Chairman Calvin Russell has a ministry in an industrial Chairman Calvin Russell also added, that this is something be fair with the community. Attorney Geller forward someone needs to amend the ordinance to Idd in the th and that is in front of you in bold writing. Mr. Lee suggestedkat%LprR1%QgjWshould amend our draft. Attorney Geller stated that he already-AWedlke lanj%We, which is the one sentence. Mr. Gay explained it is t th truc dictating what the parking requirements are, it's the uses which,90011gaueftln relation to uses, places of assembly type examples are beinUredkd the sa It 9 based on the use not the structure. Mr. Gay explained further that 'th roval understand the best methodology possible is being apAgd to ow c-E—UT& uses to occur in the I -1, and I -3 zoning districts. Mr. Ga lso Xted we are trying to work with property owners, religious institutio d verin2 a lot of different services at different times. It will take coordination of the property owner him or herself, explained Mr. Gay. The property owner will have to be the stakeholder as it relates to coordinating these uses. The property owner determines which use is best to allow within their facility and review the use of the structure instead of the structure itself. Planning Council Minutes 9/9/2014 Page 6 of 13 Attorney Geller offered the amendment. Chairman Calvin Russell asked the board members would they like to offer the amendment adding number #5 in bold face. Attorney Geller stated it will be a better ordinance if bold face number 5 limits discretion of the city. If the applicant meets all requirements, the city must approve it. Mr language is added it puts the city in a better position to recommend the the I -1 & 1 -3 zones. Attorney Geller a separate motion is needed to motion to approve the I -3 zones. Gay demands, as suggested, if the Member to allow churches in the amendment first and then Russell called for a to approve the amendment of churches in the I -1 & seconded to approve the amendment for discussion. if the parking requirement have not been determined yet. Mr. requirements are on a case -by -case basis. Most industrial areas parking to the bays itself, are not high but when you look at the demand with the development within itself it averages 30 -65 parking spaces. Planning Council Minutes 09/09/2014 Page 7 of 10 The Planning Council clerk, Kinshannta Hall called the roll to vote on the amendment. Upon roll call the motion passed 3 -1 Upon roll call the Oria Rodriguez Rose Tydus Elio Guerrero Calvin Russell Planning Council Minutes 9/9/2014 Page 8 of 13 - Yes - Yes - No - Yes IV. PUBLIC HEARING: APPLICANT NAME: ACCENT CONSTRUCTION SERVICES, INC /TERRY WILLIAMS 11m, IL plan if approved. It is in compliance with the city' and develo ntde. The Planning Council recommended approval of the site project is located at 13620 NW 27th development agreement. It also recommend as a city for developer's Attorney 1 -July 4 2014 meetings. The 3037—The review tonight is of the of what we would like to ty for the city residents for the Calvin Russell to ask the planning council clerk, the people that wish to testify. Planning council clerk, in all those who planned to testify. Rick Lake representing Service stated on behalf of the company we support accent the compliance with the agreement as it has been drafted. Chairman Calvin Russell asked a question, "You request to move an old kfc building" what are you asking to approve? Mr. Lee stated that at the last meeting the site plan was reviewed. Chairman Calvin Russell stated he was not in attendance at the last meeting. Mr. Lee also explained this request wasn't ready at the last meeting, it is now completed and we have the development Planning Council Minutes 09/09/2014 Page 9 of 10 agreement that is now being presented. Member Oria Rodriguez asked the attorney if there is an ordinance, that limits the distances between two check cashing stores. Attorney Geller said he has no knowledge of a distance requirement ordinance. Mr. Gay stated that it does not exist in the city of Opa -locks code. Mr. Gay also stated at the City Commission meeting in July, legislation was brought forth to consider a moratorium on check cashing stores. That legislation when presented was defeated at the last commi n meeting. Attorney Geller explained that if the site plan has already been a roved yo rai questions about the lvl lopment agreement. Member Rose Tydus explained, that the consideration before allowing this use. Member concentrate on pursing banks that are o responsible. Member Rose Tydus location and such takes Attorney Geller expl A permitted use is type of use. A condi particul to be taken into we should make them cashing store use at this and should not be a permitted use. tted use, conditional use and special exceptions. in a zoning category and the city must permit that in which the city has the discretion to say, in this it but if you move it one block over we would not 't want it here. also requires city approval, they can turn it down but has conditions upon it. To prevent a check cashing store, or a pawn shop you would have to change the city code as to what is a permitted use. The City Commission could adopt zoning in progress, in which they could say, we don't have an ordinance prohibiting check cashing stores but we are announcing to the world that we are working on one, and anyone that proceeds after the ordinance prohibiting check cashing stores is adopted you are Planning Council Minutes 9/9/2014 Page 10 of 13 proceeding at your own risk. The developer's agreement addresses the requirements of the site plan, payment of impact fees, also to require to continue the criteria of the site plan, not as to whether the use should be permitted or not. Mr. Gay addressed the Planning Council and stated a check cashing store is a permitted use within the zoning ordinance. The city is going through a process to update the comprehensive master plan and we will be bringing this document to youand immediately first page of the application says Site P Revie r. ee also explained, that when the applicant first came to the city the nn o retro -fi the old KFC building for the new a motion to approve the developer's agreement. Chairman Russe'%econded1he motion for discussion. Upon roll ca-TMe motion failed 2 -2. Oria Rodriguez - No Rose Tydus - No Elio Guerrero - Yes Calvin Russell - Yes Planning Council Minutes 09/09/2014 Page 11 of 10 Chairman Russell requested a copy of the meeting minutes for the meeting that approved the site plan for the Check Cashing Store. Mr. Gay stated you have received a copy of the city comp plan and that this document is the road map as to how the city will progress. Please read this document and give us your feedback, it is going to be voted on by you all. Additionally, in the first quarter of next year, once the comp plan is ad d, the next document coming before you will be the land development code Which is tells developers what they can and cannot do in the city of a -loc . ose Tydus requested an inquiry into the community reinvestmen as lates t e city. The City Attorney added that this request s uld be givetn t e City Manager. Member Oria Rodriguez asked for Attorney Steven Geller is in purpose of the record, Planning Council V VI ADJOURNMENT Joseph Geller when it was agreed that for the City Attorney, however during Geller should be listed. Chairman Russell motioned that the meeting be adjourned. Meeting adjourned at 8:42 pm Planning Council Minutes 9/9/2014 Page 12 of 13 Submitted by Kinshannta Hall Planning Council Clerk Planning Council Minutes 09/09/2014 Page 13 of 10 DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA -LOCKA FLORIDA CARLOS FERNANDEZ AND 33054 THIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into this . of 2014 ( "Execution Date ") by and between Buckeye Check Cashing of Forida II, LLC a Delaware Limited Liability Company ( "Developer ") and Carlos Fernandez ( "Owner "), and the City of Opa- Locka, Florida, a municipal corporation and a political subdivision of the State of Florida (the "City"). WITNESSETH: WHEREAS, the Owner is the fee simple owner of land located at 13620 NW 27h Avenue, Opa- Locka, FL 330543, within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio Nos. 08- 2121- 007 -2680 and 08- 2121- 007 -2690 (the "Property "), the legal description of which are attached hereto and made a part hereof as Exhibit "A," and, WHEREAS, Developer is the lessee of said Property; and, WHEREAS, the City's Commission adopted Resolution Number _ approving a Master Site Plan for a 1,997 st check cashing store and 14 new parking spaces located on the Property based in part upon the representations made by Mr. Oswald Marrero as the Developer's Architect, in support of the Resolution; and, WHEREAS, according to Section 163.3220 through 163.3243, Florida Statutes, known as the Local Government Development Agreement Act, the Florida Legislature has determined that the lack of certainty in the development process can result in a waste of economic and land development resources, discourage sound capital improvement planning and financing, escalate the cost of housing and development, and discourage commitment to comprehensive planning; and WHEREAS, the Florida Legislature has declared that assurance to a developer that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning and reduces the economic cost of development; and WHEREAS, the Developer, Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development; and WMREAS, the City Commission pursuant to Resolution No. , adopted on authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below, and the Managing Members and/or Board of Directors of the Developer /Owner or their parent or controlling entities have authorized the Developer /Owner to execute this Agreement upon the terms and conditions set forth below; and NOW, THEREFORE, in consideration of the conditions, covenants and mutual promises herein set forth, the Developer, Owner, and City agree as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to all Parties and adequate consideration for this Agreement. 3. Definitions. (a) "Additional Term" means any one or more additional term(s) approved by mutual consent of the Parties pursuant to a public hearing pursuant to Section 163.3225, Florida Statutes. (b) "Agreement" means this Chapter 163, Florida Statutes, Development Agreement between the City and Developers /Owner. (c) "City" means the City of Opa- Locka, a municipal corporation and political subdivision of the State of Florida, and all departments, agencies, and instrumentalities subject to the jurisdiction thereof. (d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter 163, Florida Statutes. (e) "Developer" means the persons or entities undertaking the development of the Property defined in the Preamble of this Agreement as Buckeye Check Cashing of Florida H, LLC, and/or any of its respective successors, assigns, or heirs. (f) "Development" means the carrying out of any building activity, the making of any material change in the use of appearance of any structure or land, or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4), Florida Statutes. (g) "Development Permit" includes any building permit, zoning, or subdivision approval, certification, special exception, variance, or any other official action of local government having the effect of permitting the development of land. (h) "Effective Date" is the date which is thirty (30) days after this Agreement is recorded with the Clerk of the Circuit Court in and for Miami -Dade County. (i) "Entire Term" is the total term of this Agreement, combining the Initial Term (five (5) years) and the Additional Term, as defined herein. (j) "Execution Date" is the date that all parties have affixed their signature to this Agreement. (k) "Existing Zoning" is (a) all entitlements associated with the City's approval of the Check Cashing USA Store Site Plan and (b) the provisions of the Charter, Comprehensive Plan and the Laws of the City of Opa- Locka, including the City of Opa- Locka's Unified Land Development Regulation Code and the Ordinance, as amended through the Effective Date. (1) "Check Cashing USA Store Site Plan" is the Final Site Plan approved by the City Commission via Resolution No. for a 1,997 s.f. check cashing store with 14 parking spaces to be located at the Property. (m) "Governing Body" means the City of Opa- Locka's City Commission or successor entity. (n) "Initial Term" is five (5) years commencing on the Effective Date. (o) "Land" means the earth, water, and air above, below, or on the surface and includes any improvements or structures customarily regarded as land except as provided herein. (p) "Land Development Regulations" means ordinances, rules, and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning, rezoning, subdivision, building construction, or sign regulation or any other regulations controlling the development or construction upon land in effect as the Effective Date. (c) "Laws" means all ordinance, resolutions, regulations, comprehensive plans, Land Development Regulations, and rules adopted by the City of Opa -Locks affecting the development of land in effect as of the Effective Date, including Opa- Locka's Unified Land Development Regulation Code, the Ordinance and the Resolution. (r) "Owner" means Carlos Fernandez, the fee simple title holder of the Property. (s) "Project" is the Check Cashing USA Store as described by the Check Cashing USA Store Site Plan as a 1,997 st check cashing store. (t) "Property" means the lots of land located at 13620 NW 27a' Avenue within the municipal boundaries of the City and identified by Miami -Dade County Tax Folio No. 08- 2121- 007 -2680 (approximately 9,383 square feet) and Miami - Dade Tax Folio 08- 2121- 007 -2690 (approximately 7,500 square feet), the legal descriptions of which are attached hereto and made a part hereof as Exhibit «A (u) "Public Facilities" means major capital improvements, including but not limited to, transportation, transit, sanitary sewer, solid waste, drainage, portable water, educational facilities, parks and recreations, and health systems and facilities for which the City's Comprehensive Plan sets forth the required levels of service. (v) "Resolution" means the resolution defined in the Preamble to this Agreement, City of Opa -Locks Resolution Number approving the Check Cashing USA Store Site Plan for a 1,997 s.£ check cashing store with 14 parking spaces. 4. Intent. It is the intent of the Owner and Developer and the City that this Agreement shall be construed and implemented as a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163.3243, Florida Statutes ( "Act"), in compliance with Section 4.16 of the City of Opa- Locka's Unified Land Development Regulation Code, the Ordinance and Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Developer or the Owner, the Agreement with the Clerk of the Circuit Court of Miami -Dade County. This Agreement shall become binding on the Effective Date. Notwithstanding the Effective Date provided herein and required by Section 163.3239, Florida Statutes, the City and the Developer and Owner shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6. Term of Agreement and Binding Effect This Agreement shall run with the land, remain in full force and effect, and be binding on all parties (including the Developer claiming under it for an Initial Term of five (5) years from the Effective Date, and may be extended for one or more Additional Term(s) thereafter by mutual consent of the parties subject to a public hearing pursuant to Section 163.3225, Florida Statutes. Upon the expiration of this Agreement and thereafter the parties hereto shall have no further obligations under this Agreement. The obligations imposed pursuant to this Agreement upon the parties and upon the Property shall run with and bind the Property as covenants running with the Property, and this Agreement shall be binding upon and enforceable by and against the parties hereto, their personal representatives, heirs, successors, grantees and/or assigns. 7. Expiration of Agreement The expiration or termination of this Agreement, for whatever reason, shall not be considered a waiver of, or limitation upon, the rights, including, but not limited to, any claims of vested rights or equitable estoppels, obtained or held by the developer or Owner or their successors or assigns in compliance with this Agreement and all prior and subsequent development permits or development orders granted by the City, including, but not limited to, those rights granted under the City of Opa- Locka's Comprehensive Plan. 8. Development Conditions.- The Developer and Owner agree as follows: (a) All impacted Public Facilities shall be adequate to serve the Property at an acceptable level of service prior to the issuance of a Certificate of Occupancy for the Project. (b) All Public Facility Improvements required by the City, by Miami -Dade County, Florida, or voluntarily proposed by the Developer or Owner to be installed by Developer or Owner shall either (1) be constructed in accordance with applicable governmental regulations prior to the issuance of a Certificate of Occupancy of the Project; or (2) shall be guaranteed to the City by a cash bond or letter of credit. (c) Developer and Owner will abide by and not deviate from the terms of its graphic and verbal representation submitted to the City Commission in order to receive approval of the Check Cashing USA Store Site Plan. Such items include, but are not specifically limited to: 1. Design of all physical structures, water bodies, private and public improvements; and 2. The color and dimensional characteristics of all building materials. 3. Developer agrees that it will plant and maintain landscaping along the public right of way abutting the project. (d) Developer and Owner guarantee to preserve and maintain all building and structures consistent with the Check Cashing USA Store Site Plan for the entire period in which the Developer and Owner own the and or control 51 % ownership of the Property. (e) Developer and Owner shall submit annual reports and additional documentation as required by the Resolution to verify ongoing compliance with the Resolution. (f) Developer and Owner will not physically alter or substitute the design of structures, materials and colors included in the Check Cashing USA Store Site Plan except as approved by the City. In the event that the building materials or colors are no longer available, the burden shall be on Developer and Owner to prove that said materials or colors are in fact unavailable. (g) Developer and Owner agree that the City may inspect the Property to confirm compliance with the terms of this Agreement. (h) Developer and Owner agree to comply with the City of Opa -Locka Resolution Number 5058 (the Fair Share Agreement Resolution). (i) Developer and Owner will utilize all best efforts to employ no less than twenty percent (20 %) of its employees from the Great City of Opa- Locka. 9. Development Permits. The City may need to approve the following additional development permits upon proper submission of all requirements, and City review or inspection, in order for the Developer and Owner to develop the Project: (a) Site plan approvals; (b) Modifications to existing approvals and permits, including the Check Cashing USA Store Site Plan; (c) Water, sewer, paving, and drainage permits; (d) Building permits; (e) Sign permits; (f} Certificates of use and occupancy; and (g) Any other official action of the City and/or Miami -Dade, Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of land. 10. Public Services and Facilities: Concurrencv The City and the Developer and Owner anticipate that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida, Miami -Dade County, the City, and/or as contemplated in the Check Cashing USA Store Site Plan. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan, specifically including, but not limited to, those public facilities described in the Comprehensive Plan's Capital Improvements Element. For purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property as permitted by law. All development orders or permits sought to be issued for the Project pursuant to this Agreement are hereby found to meet concurrency standards set forth in the Comprehensive Plan ( concurrency regulations) and to be consistent with Land Development Regulations, so long as the Developer and Owner construct the Property in substantial compliance with the City's Laws, Comprehensive Plan and Land Development Regulation in existence as of the Effective Date. Developer and Owner shall be bound by the City impact fees and assessments as of the Effective Date of this Agreement. Nothing in this Paragraph shalt relieve the Developer and Owner from the requirement to pay impact fees and assessments. 11. Consistency with the Comprehensive Plan The City hereby finds and declares that the Project complies with the Laws, ordinances, regulations, and policies of the City of Opa- Locka, and is consistent with the City's Laws, Comprehensive Plan and Land Development Regulations. 12. Reservation of Development Rights. For the Entire Term of this Agreement, the City hereby agrees that it shall permit the development of the Property with the Project in accordance with the Laws of the City of Opa- Locka, including the City's Comprehensive Plan and Land Development Regulations, as of the Effective Date of this Agreement, subject to the conditions of this Agreement. The City's Law and policies governing the development of the Property as of the Effective Date of this Agreement shall govern the development of the Property for the Entire Term of the Agreement. Development of the Property with the Project shall not be subject to any future changes to the Laws of the City of Opa- Locka, including the City's and Development Regulations and Comprehensive Plan designation after the Effective Date and during the Entire Term of this Agreement. The City may apply subsequently adopted laws or policies to the Property only as permitted or required by the Act or other applicable regulations. 13. Zoning and Other Approvals. The parties hereto recognize and agree that certain provisions of this Agreement require the City and its boards, departments or agencies, acting in their governmental capacity, to consider governmental actions, as set forth in this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its police power to approve, approve with conditions, or reject any public hearing application dealing with the Property. 14. Necessity of Complying with Local Regulation Relative to Development Permits This Agreement is not and shall not be construed as a development permit or authorization to commence development. The Developer and Owner and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term, or restriction in effect on the Effective Date of this Agreement shall not relieve Developer and Owner of the necessity to comply with any and all regulations governing said permitting requirements, conditions, fees, terms, or restrictions as long as compliance with said regulation and requirements do not require the Developer and Owner to develop the Property in a manner that is inconsistent with the Laws of the City of Opa -Locks in existence as of the Effective Date. 15. Good Faith: Further Assurance. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of, and to satisfy their obligations under, this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard, the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the City's police power or action of the City when acting in a quasi-judicial capacity. 16. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by a recognized courier (such as federal Express) or mailed by certified mail or registered mail, return receipt requested, in a postage prepaid envelope and addressed as follows: If to the City at: City Manager City of Opa -Locks 780 Fisherman Street Fourth Floor Opa- Locka, Florida 33054 With a copy to: Joseph Geller, Esq. City Attorney Greenspoon Marder, P.A. 100 W Cypress Creek Road Suite 700 Fort Lauderdale, Florida 33309 If to the Developer /Owner to: Buckeye Check Cashing of Florida II, LLC 7001 Post Road Dublin, OH 43016 With a copy to: Carlos Fernandez 720 Wren Avenue Miami Springs, FL 33166 17. Governing Laws. Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida. The Developer, Owner, and City agree that Miami -Dade County, Florida is the appropriate, venues in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof, and accordingly, this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and sections and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of, this Agreement. In the event of any litigation between the parties under this Agreement for a breach hereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. 18. Severability. In the event that any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 19. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties hereto relating in any way to the subject matter contained herein and merges all prior discussion between the Developer, Owner and the City. No party shall be bound by any agreement, condition, warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by all parties hereto. 20. Indemnification. The Developer and Owner shall indemnify and hold harmless the City, its elected and appointed official, employees, agents and assigns from and against any claims or litigation arising from this Agreement instituted by third- parties. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date and year first above written. (SIGNATURE PAGES TO FOLLOW) WITNESS: Signature Print Name j&-LUW04,A Signature Print Name DEVELOPER Buckeye Check By: Name: Title: r Dated this day of 2014. STATE OF ) COUNTY OF(Q -�..� } of Florida II, LLC The foregoing mstmment acknowledged before me this day of , 2014, by as of Buckeye Check Cashing of Florida LLC, who is personally IMown to me or have produced _ as identification, and acknowledged that she/he did execute th' ' strument eely and voluntarily for the purposes stated "'k %q$Nglet #,, herein. ,.��'�VT - NOT'' o tary Pub tate of Chi D at Large n Print Name My( (110115 Pnnt Name OWNER Dated this day of .2014. STATE OF COUNTY OF The foregoing instrument acknowledged before me this day of �' , 2014, by Carlos _ Fernandez, who are personally known to me or have produced 1/ ye`'�'CC�LS^� as identification, and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes stated herein. i blic stab d Florida Notary Public, State of L! at Large WWV sEE063892 tro912015 Print Name My Commission Expires: CITY CITY OF By: City Manager ATTEST: City Clerk Dated: day of . 2014 Approved for form and legal sufficiency: City Attorney: EXHIBIT "A" Legal Description: 2152 41 .30AC OPA LOCKA PLAT NO 3 PB 31 -14 TRACT D LESS NWLY75FT & LESS E8FT FOR RD BLK 148 LOT SIZE 9383 SQUARE FEET OR 22688- 4881 -83 0904 2 (2) Legal Description: 2152 41 .30AC OPA LOCKA PLAT NO 3 PB 31 -14 NWLY75FT OF TRACT D BLK 148 LOT SIZE IRREGULAR OR 22688 - 4881 -83 -0904 2 (2) Commercial and R - Servicing State 954-3 Accent Construction Services CBC# 1255498 Terry L. 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