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HomeMy Public PortalAbout15-8994 Grant Approval of the Final Site Plan for All Florida Land Cleaning Inc Sponsored by: City Manager RESOLUTION NO. 15-8994 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO GRANT APPROVAL OF THE FINAL SITE PLAN FOR ALL FLORIDA LAND CLEANING, INC., A FLORIDA CORPORATION, FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT AN OFFICE AND MAINTENANCE FACILITY AT 3805 NW 132ND STREET, OPA LOCKA, FLORIDA, DESCRIBED AS FOLIO NUMBER 08-2129- 010-0090, PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on The Site Plan Application by Florida Land Cleaning was determined by the staff to be in compliance with the City's Land Development Regulations for Business Zoning District B-1; and WHEREAS, the Planning Council recommended approval for Florida Land Cleaning to operate an office and maintenance facility at 3805 NW 132nd Street; and WHEREAS, the City Commission of the City of Opa-locka desires to approve the final site plan for Florida Land Cleaning. 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 Florida Land Cleaning final site plan approval to operate an office and maintenance facility. PASSED AND ADOPTED this 13th day of May, 2015. Resolution No. 15-8994 61d?6,7177-4V TAYLOR MAYOR Attest to: Approved as to form and legal sufficiency: i1 I ll �� i Joaina Flores Vincent T. Brown, Esq. Cit Clerk BROWN LAW GROUP, LLC City Attorney Moved by: VICE MAYOR HOLMES Seconded by: COMMISSIONER PINDER Commission Vote: YES Commissioner Holmes: YES Commissioner Kelley: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES 10941964 vl 14ND I SUNDAY,MAY 3,2015 ND MiamiHerald.com I MIAMI HERALD o�S `9. • • CITY OF OPA-LOCKA,FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks.Florida will hold public hearings at its Regular Commission Meeting on Wednesday.May 13,2015 at 7:00 p.m.in the Auditorium at Sherbmdy Village.215 President Barack Obama 1 Perviz)Avenue.Opa-locka.Florida to consider the fallowing items: SECOND READING ORDINANCES/PUBLIC HEARING: AN ORDINANCE OFTHE CITY COMMISSION OF THE CITY OF OPA-I.00KA,FLORIDA,TO IMPOSE A MORATORIUM ON NEW PAWN SHOP ESTABLISHMENTS ON A CITYWIDE BASIS FOR UP TO TWELVE MONTHS; PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR CODIFICATION:PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(firm reading held en March 11,2015). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING CHAPTER 14 OF THE CITY(:ODE REGARDING NOTICE OF NEED FOR ABATEMENT OF NUISANCES;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY'AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(firm reading held nn April 13,2015). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OP4-LOCKA,FLORIDA REGARDING BUDGETING AND RESERVES;AMENDING ORDINANCE 03-05;REQUIRING THE ESTABLISHMENT OF A RESERVE FUND BALANCE AND DIRECTING UNALLOCATED RESERVES TO BE USED TO REPLENISH SAME;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held.April 13,2015). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING AND RESTATING ORDINANCE NO.13-40 ENACTED BY THE CITY COMMISSION OF THE CITY ON DECEMBER I I,2013 ENTITLED: "AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF'OPA-LOC KA,FLORIDA PROVIDING FOR THE ISSUANCE,IN ONE OR MORE SERIES,OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS: PROVIDING THAT SUCH OBLIGATIONS SHALT.NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION,OR A PLEDGE OF THE CITY'S FULL FAITH AND CREDIT,BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF(I)THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND(II)THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX;PROVIDING FOR THE ISSUANCE OF THE FIRST SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOIINT NOT EXCEEDING EIGHT MILLION FIVE HUNDRED THOUSAND DOLLARS(08,500,0001.TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,FLORIDA CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2013,FOR THE PRINCIPAL PURPOSE OF PROVIDING FUNDS,TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO FINANCETHE COST OF ACQUISITION OFA SITE WITHIN THE CITY AND THEACQUISITION,,CONSTRUCTION,IMPROVEMENT AND EQUIPPING OF CITY ADMINISTRATION BUILDING AND RELATED FACILITIES ON SUCH SITE.ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE ISSUANCE OF ADDITIONAL OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS; PROVIDING FOR THE CREATION OF CERTAIN FUNDS AND ACCOUNTS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE."; PROVIDING FOR THE ISSUANCE,IN ONE OR MORE SERIES,OF THE CITY'S CAPITAL IMPROVEMENT REVENUE OBLIGATIONS:PROVIDING THAT SUCH OBLIGATIONS SHALL NOT CONSTITUTE AN INDEBTEDNESS OF THE CITY WITHIN THE MEANING OF ANY CONSTITUTIONAL OR STATUTORY PROVISION OR LIMITATION,OR PLEDGE OF THE CITY'S FULL FAITH AND CREDIT,BUT SHALL BE SECURED BY AND PAYABLE FROM PLEDGED FUNDS CONSISTING OF(I)THE PUBLIC SERVICE TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A PUBLIC SERVICE TAX AND(II)THE COMMUNICATIONS SERVICES TAX REVENUES DERIVED FROM THE LEVY AND COLLECTION BY THE CITY OF A COMMUNICATIONS SERVICES TAX;PROVIDING FOR THE ISSUANCE OF THE FIRST TWO SERIES OF SUCH OBLIGATIONS IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS(S8,600,000),TO BE DESIGNATED AS THE CITY OF OPA-LOCKA,FLORIDA TAX-EXEMPT CAPITAL IMPROVEMENT REVENUE AND REFUNDING NOTE,SERIES 2015A AND TAXABLE CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 20158,RESPECTIVELY;PROVIDING FOR THE PROCEEDS OF THE 2015A NOTE. TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(I)FINANCE A PORTION OF THE COSTS OF ACQUIRING AN OFFICE BUILDING AND RELATED SITE IN THE CITY,A PORTION OF WHICH BUILDING WILL BE USED FOR CITY ADMINISTRATION AND A PORTION OF WHICH WILL BE LEASED TO THIRD PARTIES,(II)FINANCE CERTAIN COSTS OF RENOVATING AND EQUIPPING THE PORTION OF THE OFFICE BUILDING TO BE USED FOR CITY.ADMINISTRATION,(III)RETIRE THE CITY'S CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 2014 CURRENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF 084,000. AND(R')PAY CERTAIN COSTS OF ISSUANCE RELATING TO THE 2015A NOTE,ALL AS SHALL BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE PROCEEDS OFTHE 20I5B NOTE,TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(I)FINANCE THE BALANCE,OF THE COSTS OF ACQUIRING SAID OFFICE BUILDING AND RELATED SITE IN THE CITY;(11)PAY CERTAIN MOVING COSTS ASSOCIATED WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE OFFICE BUILDING;AND(III)PAY CERTAIN COSTS OF ISSUANCE OF THE 20158 NOTE,ALL AS SHALL.,BE MORE FULLY SET FORTH IN A SERIES ORDINANCE;PROVIDING FOR THE ISSUANCE OF ADDITIONAL OBLIGATIONS AND REFUNDING OBLIGATIONS UNDER CERTAIN CONDITIONS;PROVIDING FOR'EHE CREATION OF CERTAIN FUNDS AND ACCOUNTS;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE(fist reading held en April27,2015). A SERIES ORDINANCE OF THE.CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA TO PROVIDE FOR THE ISSUANCE,PURSUANT TO AN ORDINANCE OF THE CITY ENACTED ON THE DATE HEREOF OF OBLIGATIONS OF THE CITY IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING EIGHT MILLION SIX HUNDRED THOUSAND DOLLARS($0,600,000),TO BE DESIGNATED AS THE CITY OF OPA-LOCKA, FLORIDA TAX-EXEMPT CAPITAL IMPROVEMENT REVENUE AND REFUNDING NOTE,SERIES 20I5.A AND TAXABLE CAPITAL IMPROVEMENT REVENUE NOTE,SERIES 20158,RESPECTIVELY;PROVIDING FOR THE PROCEEDS OF THE 2015A NOTE,TOGETHER WITH OTHER LEGALLY AVAILABLE FUNDS,TO BE USED TO(I)FINANCE A PORTION OF THE COSTS OF ACQUIRING AN OFFICE BUILDING AND RELATED SITE IN THE CITY.A PORTION OF WHICH BUILDING WILL BE USED FOR CITY ADMINISTRATION AND A PORTION OF WHICH WILL BE LEASED TO THIRD PARTIES,(II)FINANCE CERTAIN COSTS OF RENOVATING AND EQUIPPING THE PORTION OF THE OFFICE BUILDING TO BE USED FOR CITY ADMINISTRATION,(III)RETIRE THE CITY'S CAPITAL,IMPROVEMENT REVENUE NOTE,SERIES 2014 CURRENTLY OUTSTANDING IN THE PRINCIPAL AMOUNT OF 584.000,AND(IV)PAY CERTAIN COSTS OF ISSUANCE RELATING TO THE 2015A NOTE,ALL.AS MORE FULLY SET FORTH HEREIN;PROVIDING FOR THE PROCEEDS OF THE 2015B NOTE, TOGETHER WITH OTHER LEGALLY.AVAILABLE FUNDS,TO BE,USED TO(I)FINANCE THE BALANCE OF THE COSTS OF ACQUIRING SAID OFFICE BUILDING AND RELATED SITE IN THE CITY;(II)PAY CERTAIN MOVING COSTS ASSOCIATED WITH RELOCATING THE CITY'S ADMINISTRATIVE FUNCTIONS TO THE OFFICE BUILDING;AND(III)PAY CERTAIN COSTS OF ISSUANCE OF THE 2015B NOTE.PROVIDING FOR THE TERMS AND PAYMENT OF SUCH 2015 N OTES,ALL AS MORE FULLY SET FORTH HEREIN;PROVIDING FOR THE RIGHTS,SECURITY AND REMEDIES OF THE LENDER WITH RESPECT TO THE 2015 NOTES;MAKING OR PROVIDING FOR CERTAIN COVENANTS AND AGREEMENTS IN CONNECTION THEREWITH:DESIGNATING THE CITY AS THE REGISTRAR AND PAVING AGENT FOR THE 2015 NOTES;AUTHORIZING THE EXECUTION AND DELIVERY OF AN AGREEMENT WITH THE LENDER TO SET FORTH MATTERS RELATING TO THE 2015 NOTES AS REQUIRED BY SUCH LENDER OR OTHERWISE NECESSARY AND APPROPRIATE,SUBJECT TO THE PARAMETERS SPECIFIED HEREIN;AUTHORIZING CITY OFFICIALS TO DO ALL THINGS DEEMED NECESSARY IN CONNECTION WITH THE ISSUANCE,SALE AND DELIVERY OF THE 2015 NOTES;PROVIDING FOR INCORPORATION OF RECITALS:PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING AN EFFECTIVE DATE(firm reading held on April 27,2015). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA.AMENDING CITY ORDINANCE 86-N,THE LAND DEVELOPMENT CODE,TO INCLUDE PLACES OF RELIGIOUS ASSEMBLY AS A PERMITTED USE IN THE LIMITED INDUSTRIAL I-1 DISTRICT AS A SPECIAL EXEMPTION:PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR SEVERABILITY;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR AN EFFECTIVE DATE(Ctrs)reading held an.4prd 2,',2015). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING SECTION 2-316 OF THE CITY CODE TO INCRE.ASETHE AMOUNT THE CITY MANAGER MAY SPEND FOR PURCHASING SUPPLIES FROM TEN THOUSAND DOLLARS(510,000.00)TO TWENTY-FIVE THOUSAND DOLLARS(525,000.00)WITHOUT CITY COMMISSION.APPROVAL:PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held an April 27,2015). RESOLUTIONS/PUBLIC HEARING: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPV-LOCKA,FLORIDA,TO APPROVE THE REQUEST OF ALL FLORID0 LAND CLEANING,INC.,A FLORIDA CORPORATION.FOR FINAL SITE PLAN APPROVAL TO CONSTRUCT AN OFFICE AND MAINTENANCE FACILITY AT 3805 NW 132""STREET,OPA-LOCKA.FLORIDA,DESCRIBED AS FOLIO NO.08-2129-010-0090;PROVIDING FOR INCORPORATION OF RECITALS: PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OFTHE C ITY COM MISSION OFTHE C ITA'OF OPY-LOCKA,FIORI DA,TO APPROVE A DEVELOPMENT AGREEMENT BETWEEN ALL FLORIDA LAND CLEANING,INC.,A FLORIDA COR PORATION("AFLC") AND THE CITY OF OPA-LOCKA,FLORIDA,FOR THE LAND LOCATED AT 3005 NW I32""STREET,IN THE CITY OF OPA-LOCKA.FLORIDA.FOLIO NUMBER 001-2129-010-0090,FOR THE PURPOSE OF CONSTRUCTING OFFICE BUILDING,MAINTENANCE BUILDING AND PARKING AREA;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 I SS'Street,Bldg.B Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearings. PURSUANT TO FS 286.0105:.10oini.tile,des rte appeal aavtlecision made le a homd a ,n n With n psi t to on aattt c t:d of ■,r ',avant: hearing mil two]n r c ord a ul1m that ra.ur r rcd emserrr(hilt I l ati rd al the per tdi rt. ade whir*recant r.lale,the t aut rden r) i 17th the appeal"WV1, he vett to JOANNA FLORES,CMC CITY CLERK i/- Ck0 9 ' i O/ r+17-Al 19N AAORQT!- City of Opa-Locka Agenda Cover Memo Commission Item Type: Resolution Ordinance Other Meeting Date: April 22, 2015 (Enter X in X box) Ordinance Reading: 1st 2nd Reading Yes No (Enter X in box) Reading Fiscal Impact: (Enter X in box) Yes No Yes No X Public Hearing: (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: X RFP/RFQ/Bid #: N/A (Enter X in box) Yes No ` Strategic Plan Priority Area Strategic Plan Obj./Strategy: Strategic Plan Enhance Organizational El Related Bus. & Economic Dev • N/A (EnterX in box) X Public Safety CI Quality of Education CI Qual. of Life & City Image• Communication CI 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 All Florida Land Cleaning Inc./Armando De Leon, for Site Plan approval to construct an Office and Maintenance facility, at 3805 NW 132nd Sreet, Opa-locka, FL 33054, also identified by folio No. 08-2129-010-0090. Staff Summary: The applicant requested information concerning the permitted uses for this site. Staff provided documents pertaining to permitted uses as well as documents underlining requirements, dates for proposed new development within the City's Municipal Boundary, specifically for the 1-3 Zoning All Florida Land Cleaning,Inc SP04-08-15 1 District. The applicant then informed staff that they planned to construct two (2) new buildings one for Office use and the other for a Maintenance Garage for their company vehicles and equipment. During the month of September, 2014, staff met with the applicant team and reviewed the proposed Site Plan and determined it was not compliant with the City's Land Development Regulations/Zoning Code although the use is within the appropriate Zoning District. First, the proposed Site Plan indicated right of way (ROW) encroachment at the most southern point of the site where the proposed main entance to the site is to be located. Secondly, there is an existing damaged chain link fence at the edge of the property line on the Site. Staff advised the applicant a Concrete wall is required for perimeter fencing pursuant to the Land Development/Zoning Code; Article 6.12 Industrial Planned Development (1-3) Section 5.g.(fence). During the month of September, 2014 the applicant provided final corrections to the proposed site plan including a proposed new chain link fence along with a Variance application for a chain link fence. The subject property was then scheduled for Planning Council for Site Plan Approval on October 28, 2014. Second, to the Zoning Board of Appeals (ZBA) for a Fence Variance pending the appointment of two (2) Zoning Board of Appeals members by the City Commission on January 14, 2015. This request was presented to the Planning Council on October 28, 2014. At this meeting, the Planning Council recommended approval of this site plan with the requirements provided by city staff: 1. Variance needed for proposed chain link fence; 2. Compliance with resolution 5058, fare share agreement; 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 (Please see the Planning Council Site Plan Staff Report for more details). The Planning Council recommendation to approve this request was approved by a 4-0 vote with the staff recommended requirements. Thereafter the two (2) Zoning Board of Appeals Members were appointed on January 14, 2015. The request for a Variance for the construction of new chain link fence replacing entirely the existing chain link fence for this subject property within the 1-3 Zoning District was presented to the Zoning Board of Appeals on February 26, 2015. At this meeting, the Zoning Board of Appeals Approved this request with the requirements provided by City Staff and as indicated in the proposed Site Plan: Provide a berm along side Le Jeune Douglas expressway as indicated on the proposed Site Plan; maintain the landscape and trees around the property along side the fence (please see the ZBA Staff Report for more detail information). The Zoning Board of Appeals Approval of this request was approved by a 3-0 vote. Proposed Action: Staff has recommended approval for this project Attachments: Planning Council Application: Site Plan Site Plan Staff Report Planning Council Meeting Minutes 10-28-2014; (minutes were not recorded due to recorders' malfunction, however the vote were noted on the record (paper) as appropriate). Zoning Board of Appeals Application Zoning Board of Appeals Staff Report Zoning Board of Appeals Meeting Minutes Attached Architectural Site Plan Set All Florida Land Cleaning,Inc SP04-08-15 2 OQp.LOCot,, '. hr C; Memorandum TO: Myra L. Taylor, Mayor Timothy Holmes, Vice Mayor Terrence K. Pinder, Commissioner Joseph L. Kelley, Commissi ner Luis B. Santiago, Commissio -r FROM: Kelvin L. Baker, Sr., City Marta. DATE: April 22, 2015 RE: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA TO CONSIDER THE REQUEST OF ALL FLORIDA LAND CLEANING, INC., FOR SITE PLAN APPROVAL TO CONSTRUCT AN OFFICE AND MAINTENANCE FACILITY AT 3805 NW 132ND STREET, OPA-LOCKA, FL 33054, ALSO IDENTIFIED BY FOLIO 08-2129-010- 0090. Request: Resolution of the City Commission of the City of Opa-locka to consider the request of All Florida Land Cleaning Inc./Armando De Leon, for Site Plan approval to construct an Office and Maintenance facility, at 3805 NW 132nd Street, Opa-locka, FL 33054, also identified by folio No. 08-2129-010-0090. Description: The applicant requested information concerning the permitted uses for this site. Staff provided documents pertaining to permitted uses as well as documents underlining requirements, dates for proposed new development within the City's Municipal Boundary, specifically for the 1-3 Zoning District. The applicant then informed staff that they planned to construct two (2) new buildings one for Office use and the other for Maintenance Garage of their company vehicles and equipments. During the month of September, 2014, staff met with the applicant team and reviewed the proposed Site Plan and determined it was not compliant with the City's Land Development Regulations/Zoning Code although the use is within the appropriate Zoning District. First, the proposed Site Plan indicated right of way (ROW) encroachment at the most southern point of the site where the proposed main entrance to the site is to be located. Secondly, there is an existing damaged chain link fence at the edge of the property line on the Site. Staff advised the applicant a Concrete wall is required for perimeter fencing pursuant to the Land Development/Zoning Code; Article 6.12 Industrial Planned All Florida Land Cleaning,Inc.SP04-08-15 1 Development (1-3) Section 5.g.(fence). During the month of September, 2014 the applicant provided final corrections to the proposed site plan including a proposed new chain link fence along with a Variance application for a chain link fence. The subject property was then scheduled for first, Planning Council for Site Plan Approval on October 28, 2014. Second, to the Zoning Board of Appeals (ZBA) for a Fence Variance pending the appointment of two (2) Zoning Board of Appeals members by the City Commission on January 14, 2015. This request was presented to the Planning Council on October 28, 2014. At this meeting, the Planning Council recommended approval of this site plan with the requirements provided by city staff: 1. Variance needed for proposed chain link fence; 2. Compliance with resolution 5058, fare share agreement; 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 (Please see the Planning Council Site Plan Staff Report for more details). The Planning Council recommendation to approve this request was approved by a 4-0 vote with the staff recommended requirements. Thereafter the two (2) Zoning Board of Appeals Members appointment on January 14, 2015. The request for a Variance for the construction of new chain link fence replacing entirely the existing chain link fence for this subject property within the 1-3 Zoning District was presented to the Zoning Board of Appeals on February 26, 2015. At this meeting, the Zoning Board of Appeals Approved this request with the requirements provided by City Staff and as indicated in the proposed Site Plan: Provide a Berm alongside Le Jeune Douglas expressway as indicated on the proposed Site Plan; maintain the landscape and trees around the property alongside the fence (please see the ZBA Staff Report for more detail information). The Zoning Board of Appeals Approval of this request was approved by a 3-0 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 passed by a 4-0 vote. Staff Recommendation: Staff has recommended approval of this Project. All Florida Land Cleaning,Inc.SP04-08-15 2 Attachment(s) Planning Council Application: Site Plan Planning Council: Site Plan Staff Report Planning Council Meeting Minutes 10-28-2014; (minutes were not recorded due to recorders' malfunction, however the vote were noted on the record (paper) as appropriate). Zoning Board of Appeals Application Zoning Board of Appeals Staff Report Zoning Board of Appeals (ZBA) Meeting Minutes Attached Architectural Site Plan Set Prepared By: Josue Leger, City Planner Gerald Lee, Zoning Official Gregory Gay, Director Planning and Community Development Department All Florida Land Cleaning,Inc.SP04-08-15 3 ' Y Received: " THE GREAT ClrY " Date: pPp / wQka:• ). / J/ ' Off,'," 4k t../f/ PLANNING COUNCIL APPLICATION APPLICATION NUMBER:(4-IO'a$-0 5 CHECK NUMBER: (I I LI DATE RECEIVED: JO PROPERTY OWNER'S NAME: 1� -{fit`i"� •> v ��=C-rf PROPERTY OWNER'S ADDRESS: -([i' (c CL . "��'- t t l c--i Number/Street City State/Zip Code APPLICANT'S NAME: t'-- it i. 4 z (6-t . . y APPLICANT'S ADDRESS: ao�?e Number/Street City State/Zip Code PHONE NUMBER: OFFICE .3E:'S ' �' fS t 3 HOME OTHER SUBJECT PROPERTY ADDRESS: l�i'<';� Number/Street TAX FOLIO NUMBER: -I27-G1°C'IC' CC-F7L) PRESENT ZONING: -1?) LEGAL DESCRIPTION: %uC 7>"52.72(/ c ('/--S/ s-- cfi Please check specific request: Tentative Plat Final Plat _Comprehensive Plan Amendment Rezoning _Drainage Plan _Fill Permit Request Preliminary Site Plan Review V.Final Site Plan Review _Conditional Use Permit-No Plans _Conditional Use Permit-With Plans _Special Exception-No Plans _Special Exception-With Plans Other-Please specify: Add any additional information that may be of importance to this request: Reference to Ordinance 13-08 Section 4.13 and 4.4 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 necessary and must be submitted. Completed application form V 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, rear, left and right of his property showing they have no objections to the project(name,address,phone number). All preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad format and PDF. 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 and parking in accordance with the City's zoning ordinance;(size 36 x 24) Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel (Original and 2 copies size of document to accommodate scale) Narrative concept must be submitted with application AFFIDAVIT iA'fH141'A ) vE 4.E0/1/,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 a public hearing can be advertised. / •wow.4:„..„„) Signature 7 Date Sworn to and subscribed before me: This 1(i day of S"61 l"(1r My commission expires Notary Public Attach copy of identification ? S .w x. Reference to Ordinance 13-08 Section 4.13 and 4.4 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 or persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locka From: Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). I , /?/-f,9 id o o BI-' A E e ,being first duly sworn,depose and say that I am the owner of the property legally described as: I do give to qt 0--041-1 the power of Attorney and authority to speak in my behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I also authorize to negotiate and commit to the City Commission and City Administration in my behalf. I will abide by all final determinations of the City Commission and City Administration. Signat e V 7 Date Sworn to and subscribed before me: day of 0 NI My commission expires: Notary Public Attach copy of identification Reference to Ordinance 13-08 Section 4.13 and 4.4 n,-', .‘ I . . 'Iv DE LEON"• (I .. ,i . . .. . DRIl/FR I?t".FNSE CLASS E WI ',. ',.. . , ' ARMANDO NEESIO a ,. ..,....;•j " •NtV ^'1 DOB SEA M ' ,0','••'' :' : ISSUED. --^'• ••.--4' 1413 — -, EXPIRES. ._ REST7 1,1 ENDORSE: REPLACED' , SA,F DRIVER RIVER or Received: By: Q ,"-o a ..o Date: e: u i p � •$ ,:g1 • Page 5 of 5 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 3e 6f ,1J2 /- G- c LEGAL DESCRIPTION:l e. es- -.---)-/ `f- ‘%_(-- ‘'-, PROPERTY OWNER'S NAME: ✓q (- z.c-, 7rrPHONE: i ADDRESS (If different): Co . rK OU , COL) (-A {-- Signature ,„$-mcil ‘,.0 2 \\I\ S'N tq.. pq.,...„, ,__z- ck--'6 Reference to Ordinance 13-08 Section 4.13 and 4.4 Received: pp_Loo, BY Date: Y o p y 4'.a Page 5 of 5 gpORAY��. PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: L.�G� / LEGAL DESCRIPTION: � 6" ` Z-I C-% C-/C' PROPERTY OWNER'S NAME: L �` LG' 2 4 PHONE: ADDRESS (If different): Signature Reference to Ordinance 13-08 Section 4.13 and 4.4 1-41t0- MG Vision Contracting, INC. CGC 1516824 15476 NW 77 CT.#321 Miami Lakes, Fl. 33016 Tel.:305-308-8813 E-mail:rnimigonzalez 14 @gmail.com To: Planning Council In accordance with the requirements described in the Planning Council Application (Checklist) please see below a narrative concept for the subject matter mentioned above: The project is located at 3805 NW 132nd Street in Opa Locka, Florida. The site is bounded by Douglas Road to the west, NW 132nd Street to the south, Seaboard Coast Line Railroad tracks to the east and by the Opa Locka Transfer & Recycling Station to the north. The property is approximately 4.7 acres and is mostly vacant except for a concrete pad. Based on a September 2, 2014 boundary survey provided by Hadonne, Professional Land surveyor, the ground surface is at around +6.0'to +10.0 feet with respect to the 1929 National Geodetic Vertical Datum (NGVD). As shown on the Site Plan, the development will consist of two steel frame buildings as a office and maintenance building use. One building will have a footprint of 60 by 82 feet and will be 25 feet high. The second building will measure 20 by 50 feet and will be 12 feet high. The development of the site will also include two new driveway approaches. One driveway approach will give access to a parking lot for the proposed office building (accessible from 132nd Street). The second driveway approach will give access to a designated semi truck trailer parking lot area for the proposed maintenance building which is accessible from NW 38th Avenue. The site will have a heavy landscaping and Berm Grading Buffer along the west frontage property line bounded by Douglas Road in order to beautify the service road. All proposed work is to comply with the City of Opa Locka, I-3 (I-PD) zoning designation according to the Land Development Code, as per Article 6.12 I-3 Zoning Ordinances. RespecFrully, {1 i' • i ha . Gonzalez *re.ide t Plahning and Zoning Consultant II q r t --' . ill I 1.11 ,s2. -.; , • ci: ki I, ,I iii■ I'I ,Il 1.11 Il _ III al ,j1 •, < a -••,, ) I:.., 1111111V- :I •0. 44. / 411kSA. t , .11 ) 4416':4.• k 1 t 1,1 i / fl II 0 c) • z ... e5 ! < , —1 E '41 I C.) 2 ; Z z gd Li:) < < P) ot y iiik o - .,, H I il —J U. -..... .11.11.,.,,,.. I :4 < 0 I .I' :1, 1 11 • - ■I`•-'i 11;; 1 k III , rg 1 1.13 cE .i Lc: II My SF OP*,-LOCKA, FLORIDA COMMUNITY DEVELOPMENT & PLA` ,NING DEPARTMENT CUSTOMER'S RECEIPT - 1 fl ; 20 /111 i = ! 0. : Received of / / d) , 3 ■ (1) : R. ■ Address o ,,,, i Description L/ti/-C. 7.11/0_12/"), /WO a)u w =.. ' ci- CD ) 5 d 1(11 Dollars ',/ / //47 1 ! Make all checks payable to iti(t kit "..-A - ‘, / City of Opa-locka,Florida - 'Gashier , ..„-; WHITE — Customer Copy YELLOW—Office Copy PINK— Department Copy €011 `n Site Plan Checklist i; ;j Planning and Community Development Department ' ;,::,. 3400 NW 135th Street,Bldg B,Opa-locka,FL 33054 ^re � 305-953-2868 ext.1503(tel.) 305-953-3060(fax) Contact Information—Developer, Property Owner, or Contractor Name of Applicant:f: 1 - -f-1--C-(l,- . �.+'4d.:T`) C a.=-y'`r,--`t k.:) ■ ts!c__/ Developer/.Property Owner (Circle Ones. j... .-c--i�[ C`�`-%'yam G., ��•� c-__ ),.._2., Site Address/Location Telephone Number Email Address vyl,'t IF719 C-Yb 1 e- 4 6 C-'-) 11�C-t t 64 i 7 Date of Application J CI " t — i4 Pre-Application Procedures Prior to formal application for approval of any site plan, the applicant shall request and attend a mandatory pre-application conference with the appropriate City official(s) in order to become familiar with the City's development regulations and the subdivision process. At the pre-application conference, the applicant may be represented by his or her land planner, engineer and/or surveyor. Zoning Requirements A property within the City's corporate limits that is being proposed for development must be properly zoned by the City prior to submission of an application for approval of any site plan. In addition, the proposed development layout or design shown on the proposed site plan must be in conformance with all standards and requirements prescribed in the City's Land Development Code City Ordinance No. 86-8 and Miami-Dade County Subdivision Regulations adopted by City Ordinance No. 85-5 Completeness of Application Site Plan applications which do not include all required information and materials, as outlined below and per other City policies which may change from time to time, will be considered incomplete, shall not be accepted for official submission by the City, and shall not be scheduled on a Planning Council agenda until the proper information is provided to City officials. Applicability Administrative Site plan review and approval shall be required for all nonresidential, mixed-use, townhouse, single-family attached and multi-family residential projects and structures and for any condition of special exception or conditional use as required by the Mayor and City Commission. 1 Exceptions Site plan review shall not be required for single-family residential developments, unless the proposed subdivision will include a private amenity, facility or a golf course. In these instances, site plan submission and approval will be required for the private amenity or facility, or the golf course clubhouse/hospitality area. Site Plan Checklist The proposed site plan shall show the following information (other physical and engineering data shall be included in the engineering plans or as separate documents): a m CD :a g z c 1. A title block within the lower right hand corner of the site plan with the proposed X X name of the project/subdivision, total site acreage, and the location of the property according to the abstract and survey records of Miami-Dade County 2. The name and address of the owner/developer and the land planner, engineer, X X architect or surveyor responsible for the plan 3. The scale of the drawing (both written and graphic scale) X X 4. The date the drawing was prepared X 5. Zoning X 6. A vicinity or location map showing the location of the proposed development within X the City and in relationship to existing roadways 7. The boundary survey limits of the tract and each proposed lot/tract and scale X distances with north clearly indicated 8. The names of adjacent additions or subdivisions or the name of the owners of X X record with north clearly indicated and recording information for adjacent parcels of un-platted land, including parcels on the other sides of roads, canals, etc 9. The existing zoning and existing/proposed uses on adjacent land; _X 10. The location, width and names of all existing or platted streets or other public X ways within or adjacent to the tract 11. Any existing easements, with recording information X 12. Existing buildings X 13. Railroad rights-of-way X 14. Topography (contours at two-foot intervals) with existing drainage channels or X creeks including the 100-year flood plain, if applicable 15. Any other important natural features, such as wetlands, wildlife habitats, and all X substantial natural vegetation 16. Proposed strategies for tree preservation including showing individual trees or X tree masses that will be preserved, and the techniques that will be used to protect them during construction 17. The layout and width (right-of-way lines and curb lines) of existing and proposed X thoroughfares, collector streets and/or intersections, and specific configuration of proposed streets 18. Lot/tracts and blocks X 19. Proposed driveways including driveway widths and distances between driveways X 20. Proposed median openings and left turn lanes on future divided roadways and X existing and planned driveways on the opposite side of divided roadways must also be shown for coordination and sharing of future median openings 21. Specific locations and footprints of buildings, including but not limited to proposed X nonresidential and residential densities 2 22. Building heights X 23. Square footages (for multi-tenant or multi-purpose buildings, show square footage X X for each intended use), massing, orientation 24. Loading/service areas (including proposed screening) X 25. Recycling containers, compactors & dumpster enclosures X X (including proposed screening) 26. Pedestrian walkways X — 27. Parking areas (including parking ratio calculations) X 28. Any proposed sites for parks, schools, public facilities, public or private open X space 29. Flood plains/drainage ways X 30. All proposed and existing utilities, easements and drainage structures X 31. Traffic Impact Statement X 32. Retention/detention ponds with proposed aesthetic treatments X 33. Screening walls;fences X 34. Signage location X 35. Fire lanes and fire hydrants X 36. Lighting X X 37. Visibility easements X X 38. Other pertinent development related features X X trees to be planted, and irrigation plans, if required X Tree Ordinance 10-03- For removal, relocation, or maintenance standards for trees. 40. Color building facade (elevation) plans showing elevations with any attached X (wall-mounted) signage to be used, as determined appropriate by the City Manager, or his/her designee. Effect of Approval The approval of a site plan shall be effective for a period of twelve (12) months beyond the date that the plan was approved by the City Commission. If this is not accomplished, then the approved site plan shall be deemed to have expired and shall become null and void. Revisions to Approved Site Plan Minor Revisions/Amendments— It is recognized that final architectural and engineering design may necessitate minor changes in the approved site plan. In such cases, the City Manager, or his/her designee, shall have the authority to approve minor modifications to an approved site plan and which shall be submitted as an "amended site plan,"which substantially conforms to the previously approved site plan, provided that such modifications do not significantly change traffic circulation, building location(s) on the site, proximity of building(s) to nearby residential areas, increase the size or height of building(s), or any other conditions specifically attached as part of the City Council's approval of the site plan. Submission materials and requirements for approval of an amended site plan shall be as determined by the City Manager or his/her designee. If the City Manager, or his/her designee, refuses to approve an amended site plan, then the applicant shall re-submit the amended site plan as a "revised site plan", whereupon the revised site plan shall be scheduled for consideration by the Planning Council and City Commission Major Revisions— In the event of revisions that are more extensive in nature and do not conform to the description for minor amendments above, a"revised site plan" must be resubmitted, reviewed by the City Manager, or his/her designee, and reconsidered by the Planning Council and City Commission. Developer's Agreement—A Developer's agreement may be required for all development except for single-family homes or duplexes pursuant to Section 4.16 of City Ordinance No. 86-8. 3 Applicant's Name rt Y4 n( D 0 1 c 'V Address 2 9(, t-t./ 7 S T f-,/ F7 G-r k F/ 3 - c 1 Signed. Date Cf "D 3 - l L-1 My signature certifies that I have been provided with a copy of the site plan checklist and have also had a pre-conference meeting with the Planning and Community Development staff. Reviewed by Planning Staff - Date of Pre-Conference Meeting - Date of Site Plan Review- 4 STAFF REPORT PLANNING COUNCIL October 28, 2014 PI.1NNINC AND COitMl'Nl Ii DEVELOPMENT CVOw .4,; ., amp *i I Nov, ''' d x4 r44 .-.. 3 Applicant All Florida Land Cleaning,Inc. Request Final Site Plan review approval to build an Office and Maintenance Facility Location 3805 NW 132 Street, Opa-locka FL,33054 Legal Description - Lot 1,Block 2 of"LE JEUNE DOUGLAS INDUSTRIAL PARK",according to the plat thereof,as recorded in plat book 115,at page 99,of the public records of Mianii- Dade County Florida. - Containing 204,733 Square Feet,4.70 acres,more or less,by calculations. - Property address: 3805 NW 132 Street,Opa Locka,Florida,33054 - Folio No.08-2129-010-0090 Building (s) Footprint 5920 S.F. Zoning 1-3 (Industrial Planned Development) Existing Land Use Industrial Future Land Use l Industrial Designation Comprehensive Plan The applicant's proposed use is consistent with the comprehensive plan for a Industrial Consistency Land use. Zoning Code The proposed use is consistent with the zoning code and it is a permitted use in the 1-3 Consistency Industrial Planned Development District. Other Required 1. This site plan request must be approved by the Mayor and City Commission. Approvals Applicable LDC Sections City Ordinance No. 86-8,Article 6.12,7,4.4,4.16, 8 &9 SET BACKS/YARD REQUIRED PROPOSED Front 25 Feet(abutting 25 Feet Rear 25 Feet 217'-10"Feet J Side (West) 0 Feet(if rear alley is provided) 678'-10"Feet Side (East) 15 25 Feet Corner Lots/Other N/A N/A City of Opa-locka I Planning and Community Development Department 3400 NW 135°Street,Opa-locks,FL 33054(Bldg.B) STAFF REPORT PLANNING COUNCIL All fences constructed on property perimeters shall NON-CONFORMING be of a solid masonry construction or a decorative Existing 6 Feet height Chain link masonry block to prevent the view of any stored perimeter Fence to remain, repair/ article. Fences shall be constructed in a way so as not replace damaged sections as to obstruct or impair the view of any vehicle driver's needed. ability to see other vehicles or pedestrians within two hundred (200) feet of any intersection within the district. VARIANCE REQUESTS (Zoning Board of Appeals): Fences Every application for a variance from the terms of this code which is not contrary to the public interest and where,owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary and undue hardship,shall include the following: A. The information required in Section 4.8, as appropriate. B.The submission of a site plan with all development data as required in the preliminary site plan section of this ordinance on the application furnished by the cit . Lot Coverage 75%Maximum 21.3% Lot Density N/A N/A Lot Size 20,000 SF 204,733 S.F. or 4.70 Acres (Boundary Survey) Lot Width N/A N/A Building Height Height shall not be in excess of three stories(3) 32'-3 t/s"Feet for forty five(45)feet, whichever is less. Structure Length N/A N/A Floor Area N/A 5,920 Sq Ft Vehicular Use Area Landscape strips not adjacent to public Paved,driveway, Parking: 37,688 Landscaping streets shall contain one (1) tree for each SQ. FT fifty (50) linear feet or fraction thereof. Landscaping Lot Required front setbacks and all other pervious areas (Pervious Area) Coverage shall be landscaped with grass, ground cover and/or 161,125 SQ FT or 3.69 AC shrubbery. A minimum of fifteen (15) trees per acre shall be provided. Trees shall not be less than eight Trees&Shrubs total:518 (8) feet in height and three and one-half (3 1/2) -(48)Green Buttonwood Tree inches in diameter, four (4) feet from grade, at time -(43)Florida Royal Palm Tree of planting. Sprinkler systems for the continual -(427)Cocoplum Shrub irrigation of trees and other landscape materials such as berms, shrubs, and/or hedges shall be required and operable prior to the issuance of a certificate of occupancy. The landscaping shall be designed so as to screen permitted office uses and vehicular uses from adjacent residential districts. All trees and other landscape material shall be installed prior to the issuance of a certificate of occupancy. All landscape strips and interior landscaping shall be City of Opa-locka I Planning and Community Development Department 3400 NW 135`Street,Opa-locka,FL 33054(Bldg.B) STAFF REPORT PLANNING COUNCIL protected by curbs or wheel stops. I� Tree Preservation Compliance with Tree Preservation Ordinance Existing trees to remain.No trees shall Ordinance required pursuant to city ordinance no. 10-03 be removed and or vegetation disturbed U.O.N. Open Space 25% 1 78.7% Parking - Minimum Parking Required: - Office and Maintenance 1. Office: 2.5 parking Facility: 13 Spaces 2. Maintenance Facility: 8 - Semi Trailer Trucks: 9 parking Parking spaces Spaces Total: 10.5 or 11 Parking - 33'-41/z feet back-up lane - Al 1 ninety degree parking must have a provided for 90 Degree minimum of twenty-two feet(22')back-up Parking. lane and parking spaces shall be at least ten - Parking space size: 9'-0"feet feet by twenty feet (10'x 20'). by 18'-0"feet (9'x18'). Notification This request will be properly noticed pursuant to state law and city charter by the city Requirements clerk's office. Action Required The City Commission must review this site plan and consider approval after it is reviewed by the Planning Council. • and Title - Project Planner Josue Leger,Planner Zoning Official Gerald J. Lee Approved by Gregory D. Gay, Planning and Community Development Site Plan Review: - An approved site plan is required prior to issuance of a building permit. The site plan must be prepared by a licensed architect with experience in site design. A site shall mean one continuous parcel of land. Applicant Request: Final Site Plan review approval to build an Office and Maintenance facility Surrounding Uses: 1- Junk Yard 2- Industrial, light manufacturing food processing 3- Warehouse or Storage 4- Vacant City of Opa-locka I Planning and Community Development Department 3400 NW 135'Street,Opa-locks,FL 33054(Bldg.B) 1 ('Ot'NCR, Existing Land Uses CLUP Zoning Districts Designations North Industrial, Airport Waste Service of (I-1) Limited Florida, Airport Industrial South Industrial Warehouse or (I-3) Industrial Storage Planned Development East Industrial Junk Yard (I-2A) Liberal Industrial West Industrial RR Machinery LLC, (I-3) Industrial Warehouse, Vacant Planned Development Lot, Light Manufacturing Food Processing Adequacy and Neighborhood Compatibility: - The applicant's request to construct and operate an Office and Maintenance Facility at 3805 NW 132nd Street Opa-locka FL 33054. This is a similar and consistent use with the surrounding of limited, Liberal and Industrial Planned Development. Therefore, it is a permitted use in this (I-3) Industrial Planned Development District. This use would be compatible with the Future Land use of the city Land Development Code for Industrial Use. Yard Modifications: (If applicable) - Site Plan Submitted Comprehensive Plan Consistency: - The applicant's proposed use is consistent with the comprehensive plan for industrial Land use. Zoning Code Consistency: - The proposed use is consistent with the zoning code and it is a permitted use in the I-3 Zoning District as per Article No. 6.12, and not limited to the following Article no. 6.10, 6.11. Site Plan Review: - An approved site plan is required prior to issuance of a building permit. The site plan must be prepared by a licensed architect with experience in site design. A site shall mean one continuous parcel of land. Staff Determination/Recommendation: - Staff recommends approval of this final site plan request, pending the following Issues/concerns to be addressed: • Variance needed for the existing six (6) feet high Chained-Link Perimeter Fence • Proposed Landscape Curbs are encroaching City's R.O.W (Right of Way) City of Opa-loc'ka I Planning and Commtmity Development Department 3100 NW 13.5 Street,Opa-locka,FL 33054(Bldg.B) STAFF 1Z F.1)( )R F PLANNING COi NCH, • Indicate physical separation configuration between the developed portion of the site and the undeveloped portion of the site. • Indication of additional site computations to be tabulated: dimensions, pervious area, impervious area, vehicular paved area and setbacks details. • No Garbage, Debris of any type to be housed, transport, transition overnight, to the site at any giving time and under any circumstances. • Extend employment opportunity to city residents • Compliance with resolution 5058, fare share agreement • Maintain 100% the use, function, approved site plan as proposed in submitted plans and or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures. • The Development Agreement (D.A.) shall specifically address the daily operation, business,behaviors and any other requirements set forth by the City's Land Development Code for this proposed office and Maintenance Facility. Other: Staff Report Updated After the Planning Council Meeting on October 28, 2014 Reflected Actions: 1. Variance is awaiting Approval by the Zoning Board of Appeal (ZBA) for replacing an existing six (6) feet chained-link fence with the construction of a new 6 feet Chain Link fence. 2. Proposed landscape Curb has been re-designed not to encroach within right of way (ROW). 3. A chain link fence has been proposed as shown on the submitted revised site plan, separating the proposed develop portion of the site from the vacant/undeveloped portion of the site. 4. Tabulations of total pervious, impervious area, set-backs details have been tabulated as requested on the site plan. 5. The Development Agreement will include information regarding the following conditions under Development Condition Section of the D.A; A. No Garbage, Debris of any type to be housed, transport, transition overnight, to the site at any giving time and under any circumstances. B. Extend employment opportunity to city residents C. Compliance with resolution 5058, fare share agreement City of Opa-locka I Planning and Community Development Department 3400 NW 135'Street,Opa-locka,FL 3305 4(Bldg.B) STAFF REP()R"1' PLANNING cot' :"ii D. Maintain 100% the use, function, approved site plan as proposed in submitted plans and or not limited to the provision of satisfying all other city's land development code pertaining to the site, landscape and structures. E. The Development Agreement (D.A.) shall specifically address the daily operation, business,behaviors and any other requirements set forth by the City's Land Development Code for this proposed office and Maintenance Facility. Scheduled Zoning Board of Appeals (ZBA) Meeting on February 26, 2015 Reflected Actions: (see ZBA Report Km-more details). 1. Fence Variance (Application No. ZBA15-02-26-01) a. Applicant's Request i. To allow for the construction of a new chain link fence replacing entirely the existing chain link fence where a "solid masonry construction or decorative masonry block wall" as per the Land Development Regulation/ Zoning Code is required. 2. Zoning Board of Appeals (ZBA) Decision: (will be updated after ZBA meeting). 3. Staff Report updated after the Zoning Board of Appeals meeting on February 26, 2015. Reflected Actions: (please see ZBA StatTReport Ibr more details). Zoning Board of Appeals (ZBA) Decision: 1) That the relief requested in the application by the applicant be and the same is hereby a. APPROVED Q DATE:02-26-2015 ***The Zoning Board of Appeals Approval of this request was approved by a 3-0 vote*** City of Opa-locka I Planning and Community Development Department 3400 NW 13.5'"Street,Opa-locka,FL 330.54(Bldg.B) TRAFFIC IMPACT STATEMENT Proposed Development The proposed development consists of a small office building, a maintenance building, parking spaces and landscaping areas. These improvements will be done in a vacant lot of approximately 4.07acres located South of NW 135 Street, North of NW 132 Street between Le Jeune-Douglas Expressway Douglas Road Extension ( SR 953) and the railroad tracks in Opa-Locka, Florida. The proposed office space will occupy an area of 1,000 SF and the total area for maintenance will be 4,920 SF as allowed on Industrial I-3 (I-PD)zoning district. Existing access to the property is through NW 132nd street. The site plan for these improvements can be found on attached plans. Existing Conditions The proposed development will be located in an Industrial I-3 (I-PD)zoning vacant lot located at the intersection of NW 132nd Street and Le Jeune-Douglas Expressway Douglas Road Extension( SR953). This is a service road divided with a median carrying northbound and southbound traffic movement and the NW 132 Street is an improved two way urban undivided street carrying eastbound and westbound traffic movement, connecting with NW 38th Ave. The speed limit in the area of NW 132 Street and NW 38th Avenue is 30 mph. The existing traffic on NW 132 Street in Opa-Locka, Florida were not available through Miami-Dade Traffic Department Also, traffic counts for Le Jeune-Douglas Expressway Douglas Road Extension( SR953).were not available from the Florida Department of Transportation's Florida Traffic Information 2011 CD since that street is not state road, it is a county road. Nevertheless,traffic counts were performed on NW 132 street on September 25, 2014. Trip Generation The methodology referenced in the Institute of Transportation Engineers (ITE), Trip Generation 8th Edition was used to forecast the entering and exiting traffic that is expected to be generated by the above improvements during the weekday. Since at the present time,there is no development in the case location, the existing trip generation was assumed to be zero. The trip generation for the proposed improvements on the case location development was calculated using ITE's Land Use Code 110—General Light Industrial. The trip generation was performed for a typical weekday, AM, and PM Peak periods using the average rate provided in the ITE Report. A daily total of 40 trips were estimated based on the average rate (34,000sf/43,560sf*51.80=40.40 rounded to 40 trips) for weekday, 5 trips for AM Peak, and 5 trips for PM Peak. Table 1 —Trip Generation ITE ITE Land Quantity Unit Time Period % % Entering Exiting land Use Code Enter Exiting (Vehicles) (Vehicles) use Description ing Code 110 General 34,000sf Acres Weekday 50 50 18 18 Light or 0.78 34,000sf/ Industrial Acres 43,560sf=0.78Acres 0.78Ac*51.80/Ac=40.40 rounded to 40 trips 110 General 34,000sf Acres AM Peak 83 17 4 1 Light or 0.78 34,000sf/ Industrial Acres 43,560sf=0.78Acres 0.78Ac*7.51/Ac=5.85 rounded to 6 trips 110 General 34,000sf Acres PM Peak 22 78 1 4 Light or 0.78 34,000sf/ Industrial Acres 43,560sf=0.78Acres 0.78Ac*7.26/Ac=5.6 rounded to 6 trips Although ITE trip generation formula resulted in 40 daily trips, a more conservative approach was used to calculate AM and PM peak hour volumes. The 40 daily trips were used in the peak hour traffic calculations. Trip Distribution The trip distribution was performed using the cardinal distribution of Miami-Dade Transportation Plan Directional Trip Distribution Report (January, 2005 and 2035) for TAZ 271 and interpolated to 2014. The distribution percentages are depicted in Table 1. The distribution of trips revealed that approximately 55.73% of the trips originating in TAZ 271 travel to and from the east, similarly, approximately 44.27% of the trips travel to and from the west. Since NW 132 street is an east-west two-way street; 44.27% of the traffic will be assigned to NW 132 street from the site to west and from west to the site. Therefore, the additional traffic along NW 132 street is expected to be 18 vehicles (40 trips x 0.4427 = 17.70 or 18 vehicles). Future Traffic Based on traffic counts obtained for NW 132 street on September 25, 2014: a) The daily traffic for NW 132 street is approximately 486 vpd [in 12 hrs] b) The PM peak hour traffic is approximately 40 vph for NW 132 street. (Note that PM peak condition was used since this period has higher peak volumes than AM peak hour) Therefore, 1) The future traffic on NW 132 street during the PM peak hour is expected to be 42 vph (40+2 =42) Existing and Future LOS The Florida Department Transportation's 2009 Quality and Level of Service Handbook was used in estimating the existing and future Level of Service (LOS). The generalized LOS tables for peak hour directional traffic volumes for urbanized areas were used for this case. Table 7 in Appendix 5 shows that a Class I State Signalized Arterials with one lane in one direction can handle up to 510,820, and 880 vph at Level of Services (LOS) B, C, and D respectively. Then, adjusting this value for (-35%) for a Non-State Signalized Roadway (as NW 132 street is) the capacity will be 332 vph [510 x (1-0.35)] at LOS B, 533 vph [820 x (1-0.35)] at LOS C, and 572 vph [880 x (1-0.35)] at LOS D. The existing [40 vph] and future [42 vph] traffic volumes on NW 132 street is well below 332 vph. Therefore, NW 132 street is expected to operate at LOS B or better after proposed improvements of the property located at 3805 NW 132 Street in Opa-Locka, Florida. In conclusion, the results documented in this analysis indicated that the additional traffic due to the site improvements and proposed usage is not expected to affect the Level of Service (LOS) on NW 132 Street. References: • Institute of Transportation Engineer's Tip Generation: An ITE Informational Report, 8th edition. • Miami-Dade County's cardinal distribution • FDOT generalized tables from the Quality/LOS handbook 2009. This will serve to certify that this statement report was prepared by American Star Construction and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. The Florida Department Transportation's 2009 Quality and Level of Service Handbook was used in estimating the existing and future Level of Service (LOS). The generalized LOS tables for peak hour directional traffic volumes for urbanized areas were used for this case. Table 7 in Appendix 5 shows that a Class I State Signalized Arterials with one lane in one direction can handle up to 510,820, and 880 vph at Level of Services (LOS) B, C, and D respectively. Then, adjusting this value for (-35%) for a Non-State Signalized Roadway (as NW 132 street is) the capacity will be 332 vph [510 x (1-0.35)] at LOS B, 533 vph [820 x (1-0.35)] at LOS C, and 572 vph [880 x (1-0.35)] at LOS D. The existing [40 vph] and future [42 vph] traffic volumes on NW 132 street is well below 332 vph. Therefore, NW 132 street is expected to operate at LOS B or better after proposed improvements of the property located at 3805 NW 132 Street in Opa-Locka, Florida. In conclusion, the results documented in this analysis indicated that the additional traffic due to the site improvements and proposed usage is not expected to affect the Level of Service (LOS) on NW 132 Street. References: • Institute of Transportation Engineer's Tip Generation: An ITE Informational Report, 8th edition. • Miami-Dade County's cardinal distribution • FDOT generalized tables from the Quality/LOS handbook 2009. This will serve to certify that this statement report was prepared by American Star Construction and that all statements, conclusions and recommendations made herein are true and correct to the best of my knowledge and ability. LzI BZ# //9.6 9---••� 'oW'uo b�/L9 9# \ �nAsuo0ags. .o.aWb �\ 3d egib a a8,.� 1 Jorge Alba, PE American Star Cons,,,ction 409 Phippen ' Dania Beac-, L 33004 11_Sit�� •�! .. 5.,E } E L -v. MINUTES PLANNING COUNCIL MEETING TUESDAY, October 28, 2014 ROLL CALL: The meeting was called to order at 7:07 pm by Chairman Russell. Present Members in attendance: Chairperson, Calvin Russell,Elio Guerrero,Oria Rodriguez, Rose Tydus Absent Board Member: Leslie Dennis Also in attendance were Gregory Gay, Dir., Planning and Community Development(PCD),Josue Leger, City Planner, Steve Gellar, City Attorney, Kinshannta Hall Community Development Secretary 11. Absent: Gerald Lee(Zoning Official) II. INVOCATION AND PLEDGE: Board Member, Rose Tydus led the prayer and the Pledge of Allegiance was stated after the prayer. III. APPROVAL OF MINUTES: October 28, 2014 Member Chairman Russell asked if a motion could be made to have the minutes approved from October 28, 2014.Member Elio Guerrero made a motion to approve the minutes and Member Oria Rodriguez seconded the motion only if the correction of spelling Opa-locka the letter"L" being replaced with a lower case "1". Also,the spelling of Attorney Gellar last name spelled correctly which is Gellar. Planning Council Minutes 12/02/2014 Page 1 of 8 Upon roll call,the minutes passed 4-0. Calvin Russell - Yes Elio Guerrero - Yes Oria Rodriguez- Yes Rose Tydus - Yes IV. PUBLIC HEARINGS: Applicant NAME: FLORIDA INDUSTRIAL PROPERTIES SIX, LLC/FRANK VEGA REQUEST: FINAL SITE PLAN APPROVAL TO OPERATE A MIXED USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL INDUSTRIAL AND RETAIL USES. PROPERTY OWNER: FLORIDA INDUSTRIAL PROPERTIES SIX, LLC/FRANK VEGA 2433 NW 64TH STREET, BOCA RATON, FL33496. The property address is 3325 NW 135th Street, Opa-locka, FL 33054. The legal description is decrypted as a yacht basin of Opa-locka plat no. 3 according to the plat there of as recorded in plat book 31,page 14, of the public records of Miami-Dade County,Florida and portions of block 116-A "Opa-locka plat no. 3 according to the plat thereof, as recorded in plat book 31, at page 14, of the public records of Miami Dade county,Florida, being more particularly described as follows: Commence at the southwest corner of said block 116-A; thence east,along the south line of said block 116-A, for 36.42 feet, to the point of beginning of a parcel of land herein after described; thence continue east, along said south line of block 116-A, for 30.00 feet; thence north for 27.65 feet, to a point on the southeasterly line for 25.00 feet wide canal easement, said point being on circular curve, concave to the northwest, having a radius of 2789.93 feet; thence southwesterly along the arc of side curve and along the southeasterly line of said canal Planning Council Minutes 12/02/2014 Page 2 of 8 easement,through a central angle of 00-50-16, for an arc distance of 40.80 feet,to the point of beginning. said lands lying and being in Opa-locka,Florida and potions of the yacht basin, as shown on plat of Opa- locka plat no 3, according to their plat thereof, as recorded in plat book 31, at page 14, of the public records of Dade county, Florida being more particularly described as follows: Commence at the southwest corner of block 116-A "Opa-locka plat no., 3, according to the plat there of, as recorded in plat book 31, at page 14, of the public records of Miami-Dade county, Florida;thence east,along the south line of said block 116-A, and its easterly prolongation and along the north right of way line of northwest 135 street, for 406.35 feet,to the point of beginning of a parcel of land here in after described; thence north 135.00 feet to a point of easterly prolongation of the north line of block 116-A for 23.00 feet; thence south from 135.00 feet to a point on the north right of way line of northwest 135 street; thence west along said north right-of-way. Line of northwest 135 street,for 23.00 feet,to the point of beginning. said lands lying and being in Opa-locka,Florida containing 304,000 square feet or 6.9789+/-acres folio: 08-2121- 007-2700. Upon roll call the motion passed 4-0. Elio Guerrero - Yes Oria Rodriguez - Yes Rose Tydus - Yes Calvin Russell - Yes Planning Council Minutes 12/02/2014 Page 3 of 8 V PUBLIC HEARINGS: APPLICANT NAME: FLORIDA INDUSTRIAL PROPERTIES SIX, LLC/FRANK VEGA REQUEST: TO CONSIDER A DEVELOPER AGREEMENT TO BUILD AND OPERATE A MIXED USE TRAVEL CENTER WHICH INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL USES. PROPERTY OWNER: Florida Industrial Properties Six, LLC/Frank Vega, 2433 NW 64th Street, Boca Raton, FL 33496. The property address is 3325 NW 135th Street, Opa-locka,FL 33054.The legal description is descripted as a yacht basin of Opa-locka plat no. 3 according to the plat there of as recorded in plat book 31, page 14, of the public records of Miami-Dade county, Florida and portions of block 116-A "Opa-locka plat no. 3 according to the plat thereof, as recorded in plat book 31, at page 14,of the public records of Miami Dade county,Florida,being more particularly described as follows: Commence at the southwest corner of said block 116-A; thence east, along the south line of said block 116-A, for 36.42 feet,to the point of beginning of a parcel of land herein after described; thence continue east, along said south line of block 116-A, for 30.00 feet; thence north for 27.65 feet,to a point on the southeasterly line for 25.00 feet wide canal easement, said point being on circular curve,concave to the northwest, having a radius of 2789.93 feet; thence southwesterly along the arc of side curve and along the southeasterly line of said canal easement,through a central angle of 00-50-16, for an arc distance of 40.80 feet,to the point of beginning. said lands lying and being in Opa-locka, Florida and potions of the yacht basin, as shown on plat of Opa- locka plat no 3, according to their plat thereof, as recorded in plat book 31, at page 14, of the public records of Dade county, Florida being more particularly described as follows: Commence at the southwest corner of block 116-A "Opa-locka plat no., 3, according to the plat there of, as recorded in Planning Council Minutes 12/02/2014 Page 4 of 8 plat book 31, at page 14, of the public records of Miami-Dade county, Florida; thence east, along the south line of said block 116-A, and its easterly prolongation and along the north right of way line of northwest 135 street, for 406.35 feet,to the point of beginning of a parcel of land here in after described; thence north 135.00 feet to a point of easterly prolongation of the north line of block 116-A for 23.00 feet; thence south from 135.00 feet to a point on the north right of way line of northwest 135 street; thence west along said north right-of-way. Line of northwest 135 street, for 23.00 feet,to the point of beginning. said lands lying and being in Opa-locka,Florida containing 304,000 square feet or 6.9789+/- acres folio: 08-2121-007-2700. Upon roll call the motion passed 4-0. Elio Guerrero - Yes Oria Rodriguez - Yes Rose Tydus - Yes Calvin Russell - Yes APPLICANT NAME: ALL FLORIDA LAND CLEANING, INC./ARMANDO DE LEON PROPERTY OWNER: ARMANDO DE LEON, 2690 W 72ND STREET, HIALEAH,FL 33016 REQUEST: TO CONSIDER A DEVELOPER AGREEMENT TO BUILD AN OFFICE AND MAINTENANCE FACILITY. The address is 3805 NW 132nd Street, Opa-locka,FL 33054. The legal description of Lot 1, Block 2 of "Le Jeune Douglas Industrial Park", according to the Plat There of, as recorded in Plat Book 115, at page 99, of the public records of Miami-Dade county Florida. Containing 204, 733 square feet, 4.70 acres, more or less by calculations. Folio: 08-2129-010-0090. Planning Council Minutes 12/02/2014 Page 5 of 8 Upon roll call the motion passed 3-1. Elio Guerrero - Yes Oria Rodriguez - No Rose Tydus - Yes Calvin Russell - Yes APPLICANT NAME: FL LAND CLEANING DEVELOPERS AGREEMENT PROPERTY OWNER: ARMANDO DE LEON, 2690 W 72ND STREET,HIALEAH,FL 33016 REQUEST: A RESOLUTION OF THE PLANNING COUNCIL,TO RECOMMEND TO THE CITY COMMISSION TO CONSIDER APPROVAL AND TRANSMITTAL OF THE CITY'S PROPOSED COMPREHENSIVE DEVELOPMENT MASTER PLAN TO THE FLORIDA DEPARTMENT OF ECONOMIC OPPORTUNITY. Upon roll call the motion passed 4-0. Elio Guerrero - Yes Oria Rodriguez - Yes Rose Tydus - Yes Calvin Russell - Yes OTHER BUSINESS: No other Business Planning Council Minutes 12/02/2014 Page 6 of 8 VI ADJOURNMENT Chairman Russell motioned that the meeting be adjourned. Meeting adjourned at 9:24pm Submitted by Kinshannta Hall Planning Council Clerk ATTEST: Mr. Calvin Russell Planning Council Chairman Planning Council Minutes 12/02/2014 Page 7 of 8 Planning Council Minutes 12/02/2014 Page 8 of 8 P Lock�0'.,----_ ..A� ;9 0_l F n r m APPLICATION FOR ZONING VARIANCE NCE ZONING BOARD OF APPEALS , o. OPA-LOCKA, FLORIDA 33054 I HEREBY SUBMIT AN APPLICATION TO THE ZONING BOARD OF APPEALS OF THE CITY OF OPA-LOCKA FOR THE REASONS CHECKED BELOW: ( ) VARIANCE IN ZONING REGULATIONS (CHECK WHICHEVER APPLIES) ( ) LANDSCAPING () SETBACK () OFF-STREET PARKING ( ) BUILDING HEIGHT () LOT WIDTH ()LOT COVERAGE G<') 62,5 C,c�t)4 J () A TEMPORARY NON-CONFORMING USE PERMIT UNTIL OCTOBER 31, () I AM APPEALING A DECISION, ORDER, OR DETERMINATION OF ADMINISTRATIVE OFFICIALS IN ENFORCEMENT OF ZONING REGULATIONS. IN ACCORDANCE WITH 13-08 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, I ENCLOSE $1360.00 FOR COSTS OF ADVERTISING AND PUBLIC HEARINGS. ``��;��� ,�, ADDRESS OF PROPERTY : N J 1 52. 5--. D Lodai;q.- .2 (-1 FOLIO NUMBER: O p,- 212 -1 - CAC) - 00 G� LEGAL DESCRIPTION: ice- 1, N A-L2 ;LF_.T l-ot). -f-)t)JC.11A5 �Ky _,+r-,�t rAiL ;GOC CI; -� +4-)e 1744- -fr ei e 611 ✓ccoc e4 it PIS! - /15 Pay'(r-i i H'e R IIAio 'C.cw- !i l-lit -i beck 64),,,_ k PRESENT ZONING CLASSIFICATION: -3 THE PURPOSE FOR THIS REQUEST/APPEAL IS AS FOLLOWS (Attach Separate Sheet if Needed): --17/ A.-L W c-:) TC F ,-T - C2 N ie_- -= c /,c S/- ,F C'f S 6 1— . mow, SIGN Al U'd OF APPLICANT Q t<, `;V -79_ S 7 MAILING ADDRESS CITY- [. 336) 6, 7 14 6 CITY S ATE ZIP TELEPHONE NUMBER 4 OQp-40Ck4 O p > 31 f C s o �" ZONING BOARD OF APPEALS AFFIDAVIT 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 Zoning Board of Appeals unless a notarized copy of this Power of Attorney is submitted. To: City of Opa-locka From: Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). I ((MAN'Y N l ' Le(-) , being first duly sworn, depose and say that I am the owner of the property legally described as: I do give to -4t CT+ -C 12 the power of Attorney and authority to speak in my behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I also authorize to negotiate and commit to the City Commission, and City Administration in my behalf. I will abide by all final determinations of the City Commission and City Administration. /,0%; y Signature 1 Date Sworn to and subscribed before me: -r r� _ This day of J (-410 ,1 , ' l.� -'t'��� My commission expires: t O(,Z``6 :v4�p Notary ublic Attach copy of identification -- I � - - - — - " — OLYN MAGARINO ubitc - State of Florid Exp,res Oct 28.2016 s5'f a tE 847104 5 :. OV,IoCk\ O /� Op � � a Z� 0ro OAh 0 It A'C 6'�/ ZONING BOARD OF APPEALS NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 3e:;C 3 t k 1 Z*. C)RA Vx_. 1 , �"�-?D,,c) I LEGAL DESCRIPTION: L J -I- I, ?))(1'Y.._Z,L : utvE,A>C7t. (-71A5 IV I-1;43 1316u PARY--j cArtt- G `ID +rye PIA-A- -4-here , r-cc deck t n CZ-4-- IC- 1 ►r, '1q . +-h-e_ Po-Are i?e(c.�rc 1",.) PROPERTY OWNER'S NAME: rmv00O (J TY PHONE(3(4q - 4(-0 ) ADDRESS (If different): 2Lpq O 11 ) �2 •A" 1-}1‘a1-cl-a-.--1 t ,-2,,v 1 f It ( Signature 1 :# 6 A F F I D A V I T STATE OF FLORIDA COUNTY OF (I) (We) acknowledge that any corrections to submitted materials and or supplemental requirements, if any, must be submitted before a hearing can be advertised. (I) (We), are the Say that [ ] Owner(s) of the property [ ] Representative of the owner of the property and(I) (WE) affirm that all answers are true and accurate to the best of my knowledge 12) 4 APPI IC;r(S) SIGNATURE. APPLICANT(S) SIGNATURE Affix Corporate Seal THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS Lot DAY OF �C),{)\.;U v�� ; *2CA'5 BY (Applicant) nr-y0 Lecr1 DID TAKE AN OATH [ ] OR DID NOT TAKE AN OATH [ ] 'ERSONALLY - KNOWN TO ME OR PRODUCED IDENTIFICATION TYPE OF IDENTIFICATION PRODUCED: SIGNATURE OF NOTARY PUBLIC NAME OF NOTARY TYPED, PRINTED, OR STAMPED n 2►YK1 k \ -1 a(f. / "sietou,., MY COMMISSION EXPIRES / ? WENDOLYN.MAGArn$O mr, Notary Public-State ot_Elerida V.1 My Comm,Expires Oct 26,2016 t ;,; "' Commission#EE 847104 7 DISCLOSURE OF ALL PARTIES IN INTEREST TYPE OF APPLICATION: ikfa TYPES: (PLATTING, 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: ;fit s` a ) 1 L )&1 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: MORTGAGEE(S) OF PROPERTY: ALL THOSE HAVING ANY INTEREST IN A CONTRACT FOR SALE, SHALL DISCLOSE WHETHER THEY ARE ACTING IN TRUST AND/OR FOR AN UNDISCLOSED PRINCIPAL AND, IF SO, SHALL DISCLOSE. THE NAME(S) AND ADDRESS (ES) OF THE BENEFICIARY (IES) OF THE TRUST OR THE PRINCIPAL(S) AND THEIR INTEREST IN THE CONTRACT: THE DISCLOSURE REQUIRED MUST BE MADE AND OR UPDATED WITHIN A REASONABLE TIME, AS MAY BE NECESSARY, IN ORDER TO ENSURE THAT THE INFORMATION DISCLOSED IS ACCURATE AT THE TIME OF FILING AND AT ALL TIMES THEREAFTER, SPECIFICALLY, AT DATES UPON WHICH ACTION IS DISCUSSED AND/OR TAKEN UPON SUCH PROPERTY. 8 AFFIDAVIT THIS IS TO CERTIFY THAT THE UNDERSIGNED (HAS) (HAVE) PREPARED THE FORMAL DISCLOSURE OF ALL PARTIES IN INTEREST ON PROPERTY LOCALLY DESCRIBED: LL-4- 1 , P (jL 2, z k-A t j T ft. ?Fri.- ac cCar ca t 1-here car, r-e cI wC X\ t� ,� -� k VCS ,1 C_ Ct Pu 9\1 C_ `i2-ecor65 �c>C 1�'►{ � SP C���rc�i ."+�t�'�r'd . LOCATED ON/AT: � � 0!?3` (I) (WE) FURTHER UNDERSTAND THAT ANY CHANGE(ES) IN SAID DISCLOSURE SHALL BE UPDATED AND ACCURATE AT ALL TIMES, SPECIFICALLY ON DATES UPON WHICH ACTION IS DISCUSSED AND/OR TAKEN ON SAID PROPERTY. (I) (WE) FURTHER CERTIFY THAT TO THE BEST OF (MY) (OUR) KNOWLEDGE, IT IS COMPLETE DISCLOSURE. SI" NA Y RE Affix Corporate Seal SIGNATURE STATE OF COUNTY OF l►rl -�t�C� THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THIS (..S 1-r) DAY OF ‘3 YI�Gr� I '2-,1)\3 ( r�'l��C�� (Qc)r � 1 Month Year (Owner/Representative) DID TAKE AN OATH [ ] OR DID NOT TAKE AN OATH [ ] I AM PERSONALLY KNOWN [[/TOR PRODUCED IDENTIFICATION [ ] TYPE OF IDENTIFICATION PRODUCED l SI NATURE OF NOTARY PUBLIC MY COMMISSION EXPIRES ^ NAME OF N TARY TYP D, PRINTED, OR ( STAMPED ,,O,�PNV PUB/, WENDOLYN MAGARINO s Notary Public-State of Florida 9 " o My Comm. •Expires Oct 28,2016 o��; Commission•EE 647104 Property Search Application-Miami-Dade County http://www.miamidade.gov/propertysearch/index.html#/report/summar 4 air* trz� OFFICE CF THE PROPERTY APPRAISER Summary Report Generated On: 1/12/2015 Property Information " _ mss "-3'. q 7' 7.-" i z'''. ' a y ' Folio: 08-2129-010-0090 Property Address: 3805 NW 132 ST ' k q , O ham.: Owner 3805 NW 132 ST LLC ?fix 7.--- •T '.;t". PO BOX 160938 `. ' �b� o Mailing Address ^7 4•- Q / H HIALEAH,FL 33016 ` . k Primary Zone 7400 INDUSTRIAL-INDUSTRIAL P . Z °° " Z ..` ? 1 U 4081 VACANT LAND-INDUSTRIAL: !� p 1 k' °8 .1"-''.i'Y - 1 Primary Land Use „; t d VACANT LAND i '5 . Atli Y. y-f, Beds I Baths!Half 0/0/0 �`-ST -: Floors 0 x -. { Living Units 0 ,. `'' k' ;:, Actual Area 0 Sq.Ft . :' . ' h° 4 s4 • Living Area 0 Sq.Ft '' w,. r,,.,, . �'4 Adjusted Area 0 Sq.Ft v -- Lot Size 198,198 Sq.Ft Taxable Value Information Year Built 0 2014 2013 2012 Assessment Information County Exemption Value $0 $01 $0 Year 2014 2013 2012 Taxable Value $1,090,089 $990,990 $990,990 Land Value $1,189,188 $990,990 $990,990 Building Value $0 $0 $0 School Board Exemption Value $0 $0 $0 XF Value $0 $0 $0 Taxable Value $1,189,188 $990,990 $990,990 Market Value $1,189,188 $990,990 $990,990 City Assessed Value $1,090,089 $990,990 $990,990 Exemption Value $0 $0 $0 Benefits Information Taxable Value $1,090,089 $990,990 $990,990 Benefit Type 2014 2013 2012 Regional Non-Homestead Cap Assessment Reduction $99,099 Exemption Value $0 $0 $0 Note:Not all benefits are applicable to all Taxable Values(i.e.County,School Taxable Value $1,090,089 $990,990 $990,990 Board,City,Regional). Sales Information Short Legal Description Previous Price Qualification Description LEJEUNE-DOUGLAS IND PARK Sale Book-Page PB 115-99 07/30/2014 $2,900,000 29256-0222 Qual by exam of deed LOT 1 BLK 2 09/01/2005 $1,960,000 23843-2531 2008 and prior year sales;Qual by exam of deed LOT SIZE 198198 SQ FT 05/01/2004 $1880000 22379 2609 2008 and prior year sales;Qual by , , OR 18686-4438 0699 1 exam of deed 06/01/1999 $1,350,000 18686-4438 2008 and prior year sales;Qual by exam of deed The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp Version: 1 of 1 1/12/2015 3:35 P1 Detail by Entity Name http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai. FLORIDA DEPARTMENT OF STATE ■ - ' '`°p I. .,.fir y, y" Home Contact Us E-Filing Services Document Searches Forms Help se Detail by Entity Name Florida Limited Liability Company 3805 NW 132 STREET, LLC Filing Information Document Number L14000086530 FEI/EIN Number NONE Date Filed 05/29/2014 State FL Status ACTIVE Effective Date 05/29/2014 Principal Address 9090 NW S. RIVER DR. STE. 4-2 C MEDLEY, FL 33166 Mailing Address 9090 NW S. RIVER DR. STE. 4-2 C MEDLEY, FL 33166 Registered Agent Name &Address TAPANES LAW, P.A. 990 BISCAYNE BLVD. SUITE 0-903 MIAMI, FL 33132 Authorized Person(s) Detail Name &Address Title MGR DE LEON, ARMANDO 9090 NW S. RIVER DR. STE. 4-2 C MEDLEY, FL 33166 Annual Reports No Annual Reports Filed Coovriaht.©and Privacy Policiea State of Florida,Department of State 1 of 3 1/12/2015 3:36 Pt STAFF REPORT Zoning Board of Appeals (7BA) x + 9 E .— z. �s r ' imp, w. k 3 ... _ - . .,s " 4, 4+.". k --^ . F y. r '''' Lf //e;: ‘I'' : 1 c4'i,l''4;' ''''Iiir' -'4:'':I:'li i ,r x MIYl111Ag+w� 144*is '' 1 �»�ltla 'Mn a. Y a y :z Oct y,r4,-y '`- * ( .ice 8 " :4;;;;;;:„"...,,e7,74,1_ d ,"F" .Mi*', .� t^ t z tw,- r-,:,.ii". r, a s t 4 . 41:`y�. §�M;,,- _ �?k zs + '�'" �; CIF �.! r x ae The Site is outlined in Red Meeting Date: , Zoning Board of Appeals Application 2015 o.N ZBA15-02-26-02 City of Opa-)7 Planning and Co❑imnuily llc��clopmcnl 1)cparlmcnt 3400 NW 135"Street,Opa-locka,FL 33054(Bldg.B) S'T'AFF REPOR"I' ZONING BOARD OF APPEALS I. Background The subject property is currently a vacant lot with vegetations on the property. The applicant's original application was initially for the Planning Council Site Plan Review Process for a proposed "Office and Maintenance Facility". Staff engaged in the preliminary site plan reviews and determined the following: in addition to the project moving forward with their Planning Council application, a Variance is also needed for the existing chain link fence on the property. Pursuant to the City's Land Development Regulation/Zoning Code;Article 6.12 Industrial Planned Development (I-3), section 5.g (fence). A variance application was submitted to the Planning and Community Development Department as of January 6, 2015. This project has been before the Planning Council Board on Tuesday, October 28th, 2014 for Site Plan approval request. The Planning Council has recommended approval of this site plan to the City Commission. (Please see the Planning Council Staff Report Documents for more details) II. Request To allow for the construction of a new chain link fence replacing entirely the existing chain link fence, where a"solid masonry construction or decorative masonry block wall" pursuant to the City of Opa-locka's Land Development Regulation/Zoning Code. III. Site Analysis Table Variance Application No. ZBA15-02-26-02 Folio No. 08-2129-010-0090 Applicant All Florida land Cleating. Inc. Location 380.5 NU' 132 Street, Opa-locka PL, 33054 - Lot 1,Block 2 of"LE JEUNE DOUGLAS INDUSTRIAL PARK",according to the plat thereof,as recorded in plat book 115, at page 99,of the public records of Miami-Dade County Florida. - Containing 204,733 Square Feet,4.70 acres,more or less,by Legal Description calculations. - Property address:3805 NW 132 Street,Opa Locka,Florida,33054 - Folio No.08-2129-010-0090 Building(s) Footprint j 5920 S.F. Zoning I-3 (Industrial Planned 1)cvclol)ntcnt) Existing Land Usc Industrial City of Opa-locka I Planning and Community Development Department I ZBA15-02-26-02(3805 NW 132"°Street) I Page 2 of 5 STAFF REPOR"l' ZONING BOARD OF APPEALS IV. Variance a. City Land Development Regulation/Zoning Code 86-8 Section 4.14 B (4) provides specific criteria that the Zoning Board of Appeals must consider to authorize a Variance. b. VARIANCE REQUESTS(Zoning Board of Appeals): Every application for a variance from the terms of this code which is not contrary to the public interest and where, owing to special conditions, a literal enforcement of the provisions of this code will result in unnecessary and undue hardship, shall include the following: 1. The information required in Section 4.8, as appropriate. 2. The submission of a site plan with all development data as required in the preliminary site plan section of this ordinance on the application furnished by the city. c. The subject property is located within the I-3 Zoning District. The following tables depict the applicant's initial proposal and also the applicant's detail lengths of total proposed fence in feet around the entire perimeter of the property. Zoning District I-3 (Industrial Planned Development) section 5.g (FENCE). Category REQUIRED PROPOSED "ALL FENCES CONSTRUCTED ON PROPERTY PERIMETERS SHALL BE OF A SOLID MASONRY CONSTRUCTION OR A NON CONFORMING DECORATIVE MASONRY BLOCK TO PREVENT THE VIEW OF ANY STORED Existing 6 Feet height Chain link Fences perimeter Fence to remain, ARTICLE. FENCES SHALL VE repair/ replace damaged sections CONSTRUCTED IN A WAY SO AS NOT TO OBSTRUCT OR IMPAIR THE VIEW OF ANY as needed. VEHICLE DRIVER'S ABILITY TO SEE OTHER VEHICLES OR PEDESTRIANS WITHIN TWO HUNDRED (200) FEET OF ANY INTERSECTION WITHIN THE DISTRICT". Variance Type Detail Specification Existing Original perimeter chain 2,126 linear feet (to be removed and replaced) link fence (damaged) Proposed chain link fence 2,126 + 277 linear feet= 2,403 linear feet Total variance needed One (1) City of Opa-locka I Planning and Community Development Department I ZBA15-02-26-02(3805 NW 132-Street) ( Page 3 of 5 STAFF REPORT ZONING BOARD OF APPEALS V. Overall Analysis The Planning and Community Development Staff has reviewed the Applicant's request and finds that a variance to allow for the construction of a new chain link fence replacing entirely the existing chain link fence which has been determined non-conforming will not adversely affect the operation of the proposed Office Maintenance facility and other adjacent businesses within the surrounding area. The surrounding businesses are also industrial uses furthermore located within the city's Industrial Planned Development (I-3) Zoning District. Location Map and Arid t., . fir` x ;,...E, � 1 1."424li W I � y } L ,# -0 ii.7 . - ..--, .0,,,,,,or .4....- -• - -4" 1 x' _1 i atrol, 1 ...1 A� ��- a > w .. ,>r.....�t:.....r� 11111= �i -r°- °° ' wMtr 4 K Lamm { "'t"�' t;; i� k"e n,r �? QTY wsivzi,=.solf:iniEln ins.., in sZir�,Sw.4i. /+ 1 _IT. '' City ofOpakocka �Ne.I li u�I�q ,�t r Parcels Map Site 3805 NW 132 Street mt.y. 16 • (Highlighted in red) �� t Ceivalrarver Tame*kW* dy t;>rt.iarw.�m Arenrr Oa« wz e7yWerprr�v % == Threw,a,, ,,:, witid45 The Proposed Office and Maintenance Facility for the subject property is a permitted use within the I-3 Zoning District. The site is located within close proximity of major arterial roads and developments. No residential properties are adjacent or located within close proximity of this site. i / ! j` 1 Ariel View Main Entrance City of Opa-locka I Planning and Community Development Department I ZBA15-02-26-02(3805 NW 132•'°Street) I Page 4 of 5 STAFF REP()R I ZONING BOARD OF APPEALS Department Review Name and Title Initials Project Planner Josue Leger,City Planner Zoning Gerald J.Lee,Zoning Official Approved by Gregory D.Gay,Director,Planning and Community Development 2. Staff Report Updated After the Zoning Board of Appeals(ZBA)Meeting on February 26,2015. Reflected Actions: VI. Zoning Board of Appeals(ZBA) Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS) Resolution No.ZBA15-02-26-02 RESOLUTION OF THE ZONING BOARD OF APPEALS (ZBA), CITY OF OPA-LOCKA, RELATING TO THE APPLICATION OF:All Florida Land Cleaning,Inc. FOR: Request for a variance to allow for the construction of a new chain link fence replacing entirely the existing chain link fence where a "solid masonry construction or decorative masonry block wall" as required pursuant to Article 6.12 Section 5-g(fence) of the Land Development Regulation/Zoning Code WHEREAS,applicant has appeared before this Board for the relief requested in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa- locka. NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS: 1) That the relief requested in the application by the applicant be and the same is hereby a. APPROVED IZI DATE:02-26-2015 b. DENIED ❑ c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on /_/ 2) That the following special condition be and the are hereby imposed, conditioning the determination aforementioned: a. b. ***The Zoning Board of Appeals Approval of this request was approved by a 3-0 vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this day of Chairperson or Designee City of Opa-locka I Planning and Community Development Department I ZBA15-02-26-02(3505 NW 132'Street) I Page 5 of 5 nu tes ZONING BOARD MEETING Thursday,February 26,2015 I. ROLL CALL: The meeting convened at 7:08 p.m. Board Members in attendance were,Dawn T.Mangham,Chairwoman,Ferdinand Cruz,&Chris Davis. Absent Board Member: Board Member,Luis Alameda Also in attendance were Gregory Gay,Dir.,Planning and Community Development(PCD),Gerald Lee,Zoning Official,Josue Leger,City Planner,Stephen Geller,City Attorney,Kinshannta Hall the new Board of Appeals Clerk. Mr.Gay asked the Clerk to take roll of the Zoning Board Members: Mr.Gay opened the meeting,introducing himself,identifying himself as being with the Community Development Department as the Community Development Department Director.Mr.Gay continued,"In the absence of the Zoning Board of Appeals chairman he asked if Board Member Dawn T.Mangham would serve as the Chairwoman for tonight's Zoning Board Meeting. Chairwoman,Dawn T.Mangham agreed and proceeded by asking the clerk to take roll of the Zoning Board Members: Upon roll call,Board Members present 3-1 Ferdinand Cruz Present Chris Davis Present Dawn Mangham Present Luis Alameda Absent II. INVOCATION AND PLEDGE: Mr.Gay asked everyone to stand for a"moment of silence"and the Pledge of Allegiance was stated afterwards. III. APPROVAL OF MINUTES: June 26,2014 Chairwoman Dawn T.Mangum moved that we approve the minutes from June 26,2014. Board Member Chris David motioned to approve the minutes. Chairwoman Dawn Mangum seconded to approve the minutes. Upon roll call,the minutes passed 3-0. Ferdinand Cruz Yes Chris Davis Yes Dawn T.Mangham Yes Attorney Geller wanted to address the audience.He proceeded by saying"This meeting of the Zoning board of Appeals only pertains to the City of Opa-locka. If you are from the City of Miami,you are in the wrong location.Tonight is a quasar-judicial hearing if anybody wishes to speak,you must testify under oath and your testimony is subject to cross-examination. First,we will call for the public hearing,which will be the time you will make the testimony you want. Once the public hearing is closed,the board will discuss the item and you will not have the opportunity to rebut the board member reviews.Your testimony will only be permitted during the public hearing while under oath. IV. PUBLIC HEARINGS APPLICANT NAME: PEDRO G.PEREZ,PM2 PLANNING CORP C/O REPUBLIC METALS REQUEST: CONSIDER APPROVAL FOR FENCE VARIANCE Mr.Gay asked the clerk to swear in all from the audience who wished to testify. Mr.Gay then asked Mr.Josue Leger,"City Planner"for the City's presentation with the assistance of Mr.Lee"Zoning Official". Mr.Leger began his presentation by pointing out that he will begin with "Item 2"in his PowerPoint,however it is"Item 1 on the agenda. Mr.Gay stated we need to notate this and make sure the board members are clear. Mr.Leger proceeded with the power point presentation. He presented"Republic Metals"fence variance(Application No.ZBA 15-02- 26-02). The Applicant's Request is to allow an existing chain link fence of 324.67 feet of length by 8 feet high,where a CBS wall is required at the south side of the property. The address is 12800 NW 38'"Avenue,Opa-locka,Fl 33054. The green shaded area indicates the subject property. The application was submitted around September 2014. The Property is located within the I-3(industrial planned development) district. Mr.Leger explained that in(section 5.g)that all fences constructed on property perimeters shall be of a solid masonry construction or a decorative masonry block to prevent the view of any stored article. Fences shall be constructed in a way so as not to obstruct or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two hundred(200)feet of any intersection within the district. Next,Mr.Leger explained that the 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. The variance criteria is 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. Does this special conditions and circumstances do not result from the actions of the applicant Mr.Leger replied"No". Does granting the variance requested 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? Mr.Leger replied"Yes". Does the literal interpretation of the provisions of the code 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? Mr.Leger replied"No". Mr.Leger continued,would the variance granted be the minimum variance reasonable use of the land,building,or structure? Mr.Leger replied"No". Will the grant of the variance be in harmony with the general intent and purpose of this code? Mr.Leger replied"No". Will such variance not be injurious to the area involved or otherwise detrimental to the public welfare? Mr.Leger replied"No". However;the staff reviewed the plan and determined that it is not compliant with the City LDR within the Industrial Planned Development District(1-3)for required fencing. Mr.Leger explained the staff recommends denial of this variance request because it does not meet the criteria listed in section 4.14 B of the LDC. Chairwoman Mangham opened the floor for Public Hearing. The applicant Pedro Perez introduced himself. He also mentioned Tom Cash would speak since he has been with the company for twenty-three years and that the company has been in the city for thirty years. Mr.Cash stated he is the chief operation officer and has had that position for the last four years. We obtained this property about a year ago. We are a precious metal corporation. The fence itself allow us to see what is around our business. We've taken every route to protect our property. Our company has 180 employees. We are requesting this variance because we feel that it is very important for our company. We are very sincere in our growth pattern and we feel that it will be good for the City of Opa-locka. Mr.Cash ends with saying we want to go forth with this process and grow. Attorney Geller asked,is the chain link fence already in existence today? How long? Mr.Cash replied,this fence was put up a year ago. Attorney Geller asks was there a chain link fence in Miami-Dade request from"DERM"made you replace the fence. Mr.Cash replies,yes our company put up a fence a year ago. Mr. Gay stated,the concern from our staff is looking as it relates to how the code reads the canal plays a factor as well. A chain link is a much simple process. The other concern that staff has,there are some areas a concrete fence would be more appropriate. Chairwoman Mangham closes the public hearing. Board Member Chris Davis,motioned to approve the variance. Board Member Ferdinand Cruz ask a question.do you have any doors or exits facing the canal?Mr.Perez replied,from the canal there isn't an entrance or exit.Chairwoman Mangham seconded to approve the variance. Chairman Mangham asked the clerk to take roll. Upon roll call,Item passed 3-0 Ferdinand Cruz - Yes Chris Davis - Yes Dawn Mangham - Yes Attorney Geller tells the applicants that there variance has been approved by the ZBA board. V. PUBLIC HEARINGS APPLICANT NAME: MIRTHA GONZALEZ,C/O ALL FLORIDA CLEANING REQUEST: CONSIDER APPROVAL FOR FENCE VARIANCE Mr.Leger explained to the Zoning Board Members that the site plan request for this item had already been presented to the Planning Council board. Mr.Leger proceeded with the power point presentation. He began with"All Florida Land Cleaning"(Application No.ZBA 15-02-26- 01). The applicant's request is to allow for the construction of a new chain-linked fence to replace the existing damaged chain-linked fence instead of the required CBS Wall. The address for this site is 3805 NW 132 Street,Opa-locka,Fl 33054. The lot size is 204,733 SQ FT or 4.7 AC. The property is located within the 1-3 industrial planned development district. The proposed structure improvement size is 5920 SQ FT. Mr.Leger explained that this application was submitted in October 2014. The staff reviewed the site plan,and submitted it to the Planning Council on October 28,2014 but determined that it was not compliant with the City LDR within the Industrial Planned Development(1-3)for required fence. According to(Section 5.g)all fences constructed on property perimeters shall be of a solid masonry construction or a decorative masonry block to prevent the view of any stored article. Fences shall be constructed in a way so as not to obstruct or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two hundred(200)feet of any intersection within the district. The 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.The variance criteria is as follows: Are there special conditions and circumstances that 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?Mr.Leger replied "No". Does special conditions and circumstances result from the actions of the applicant?Mr.Leger replied"No". Does granting the variance requested confer on the applicant any special privilege denied by the Zoning Code to other lands,buildings or structures in the same zoning district? Mr.Leger replied,"Yes". Does the literal interpretation of the provisions of the code 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? Mr.Leger replied,"No". Would the variance granted be the minimum variance that will make possible the reasonable use of the land,building, or structure?Mr.Leger replied"No". Would the grant of the variance be in harmony with the general intent and purpose of this code? Mr.Leger replied"No". Would such variance be injurious to the area involved or otherwise detrimental to the public welfare? Mr.Leger replied"No". Mr.Leger added that staff recommends denial of this variance request because it does not meet the criteria listed in section 4.14 B of the LDC, which stands for Land Development Code. Chairwoman Mangham opened the floor for public hearing. The applicant Mirtha Gonzalez,the planning consultant for Mr.De Leon replied,we are requesting a deviation of land development regulations. We are proposing a chain-link fence with a heavy landscape hedge including a berm. We consider a chain-link fence with a hedge alone and we will be providing beautification as well. Next,Mirtha Gonzalez introduces her partner Alex Gonzalez. Mr.Gonzalez explained that he is an investor. He stated that since they've bought the property it has been a financial burden. This site is on a main road,a major corridor. However;this is not the main concern. Mr. Gonzalez showed an illustration of a concrete wall and he showed a picture of the chain-link fence,which is what their company is proposing. Mr.Gonzalez also suggested that if they are granted the chain-link fence their company will provide vegetation and palm trees. They will also beautify the area to make it more attractive. Mr.Gonzalez ends with saying we just want your board to grant this variance so we can move forward with the process. Chairwoman Mangham asked all board members do they have any questions. Board Member Chris Davis asked,Is there an agreement to clarify the beautification to take place,if they are granted the variance for the chain-link fence? Mirtha Gonzalez responded that yes as indicated in the site plan. Board Member Ferdinand Cruz asked,Are you going to divide the lot in the future or are you're putting only one business there? Mr.Gonzalez responded,we are an existing business we are just relocating. Mr.Gonzalez also mentioned that they are under contract by"Miami-Dade". He added that we transport materials from the wasted energy facility to Okeelanta to serve as fuel for the sugar cane industry. There will be no materials on the property on the site. This is only the administrative office only and a few trucks parked on the side. However;we are going to landscape and fence the entire perimeter of the property. There is no sub-lease. Chairwoman Mangham closed the public hearing. Attorney Geller asked,with the exception of needing this variance"Do you know what was the Planning Council recommendation? Mr.Gay explained that the Planning Council approved the proposal and the developer's agreement but it was subject to the variance. Mr.Gay reiterated that Planning Council approval is in place. Once it is approved here it will proceed forward to City Commission. Mr.Gay added we are looking at the land Development Code,and as a part of the rewrite we are looking to see what is more important to have concrete walls verses where it is more appropriate to have chain-link fences. Mr.Gay ends with saying with the site plan they proposed our staff feels that it is appropriate. Board Member Chris Davis motioned to approve the variance for the fence. Chairwoman Mangham seconded the motion to approve the variance for the fence. Chairwoman Mangham asks the clerk to call roll. Upon roll call,the item passed 3-0. Ferdinand Cruz - Yes Chris Davis - Yes Dawn Mangham - Yes Attorney Geller explained the fence variation has been approved by the ZBA board. VI. OTHER BUSINESS: NO OTHER BUSINESS VII. 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