HomeMy Public PortalAbout16-9138 Request of S.O.T. investments LLC Shawn Otoole for Developers Agreement Approval Sponsored by: City Manager
RESOLUTION NO. 16-9138
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA
TO CONSIDER THE REQUEST OF S.O.T. INVESTMENTS LLC / SHAWN
OTOOLE FOR DEVELOPER'S AGREEMENT APPROVAL TO CONSTRUCT A
5,000 SQ.FT. MAINTENANCE BUILDING WITH A 2,000 SQ.FT. OFFICE
MEZZANINE, A 611 LINEAR FEET OF PRIVACY WALL 10 FEET IN HEIGHT
ON THE EAST AND SOUTH PROPERTY LINES AS PROPOSED, ON
PROPERTY WITH FOLIO NO. 08-2128-004-0391 LEGALLY DESCRIBED AS: 28-
29 52 41 2.143 AC NILE GARDENS SEC 2 PB 31-42 LOT 23 LESS E340FT & LESS
N15 FT LOT SIZE 93336 SQ FT OR 16546-0728 1094 4 COC 25566-4718 04 2007 1.
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the property described herein is zoned I-2 Liberal Industrial; and
WHEREAS, the applicant requests Developer's Agreement approval in order
to construct a 5,000 sq.ft. maintenance building with a 2,000 sq.ft. office mezzanine,
and a 611 linear feet of privacy wall 10 feet in height on the east and south property
lines as proposed, on property located at reference address; 3050 NW 129th Street,
with folio no. 08-2128-004-0391; and
WHEREAS, On October 6, 2015, the City of Opa-locka, Florida Planning
Council Board recommended approval of the Developer's Agreement by a vote of 4-
0 subject to the conditions set forth and included herein below in section 3.
WHEREAS, The Developer's Agreement and Planning Council's
recommendation are attached hereto as "Exhibit A" and incorporated by referenced
herein; and
WHEREAS, the City Commission of the City of Opa-locka, Florida desires to
approve the Developer's Agreement as proposed by S.O.T. Investment/Shawn
Otoole.
Resolution No. 16-9138
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY
COMMISSION FOR 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, Florida hereby
grants S.O.T. Investment/Shawn Otoole Developer's Agreement approval to
construct a 5,000 sq.ft. Maintenance building with a 2,000 sq.ft. office
mezzanine, car parking and a 611 linear feet of privacy wall 10 feet in height
on the east and south property lines as proposed, on property located at
reference address; 3050 NW 129th Street, with folio no. 08-2128-004-0391,
consistent with the Site Plan and Planning Council's recommendation
attached hereto as "Exhibit A."
Section 3.
1. Development Uses Permitted on the Property.
(a) Main administrative and operation facility for the corporation at
this site will include only the office operation, company vehicle
repair, and storage of equipment for S.O.T. Investment/ Arrow
Asphalt
(b) No waste products, by-products or products that are similar
and or related to the daily nature of operation of the
vehicles/trucks, equipments of SOT Investment, Arrow Asphalt
and or any other similar entity offsite operation (s) (including
construction, land clearing and demolition debris, recycling
products/materials, asphalt, paving, asphalt materials) be
transported nor stored at this property: the legal description of
which is mentioned above and identify by folio no. 08-2128-004-
0391
2. Development Conditions
(a) All impacted Public Facilities shall be adequate to serve the
Property at an acceptable level of service prior to the issuance of
a Certificate of Occupancy for the Project, and shall be served by
water and sanitary sewer main extensions as required by the
Resolution No. 16-9138
city in accordance with Miami-Dade County permitting
requirements.
(b) All Public Facility improvements required by the City, by
Miami-Dade County, Florida, or voluntarily proposed by the
Owner to be installed by Owner shall be constructed in
accordance with applicable governmental regulations prior to
the issuance of a Certificate of Occupancy of the Project.
(c) All signage shall comply with all city sign code ordinance
requirements.
(d) Owner will abide by and not deviate from the terms of its
submissions representation submitted to the City Commission
in order to receive approval of the Site Plan. Such items include,
but are not specifically limited to:
• Design of all physical structures, water bodies, private
and public improvements; and
• The color and dimensional characteristics of all building
materials.
• Owner agrees to construct commercial and retail facilities
to compliment to truck and automobile facilities
proposed on the Property.
■ All landscaping, bay, loading and parking spaces must
be provided and maintained as shown on the site plan.
(e) Owners will not physically alter or substitute the design of
structures, materials and colors included in the Site Plan except
as approved by the City in the City's sole discretion. In the
event that building materials or colors are no longer available,
the burden shall be on Owners/Owners to prove that said
materials or colors are in fact unavailable.
(f) All trash and garbage containers shall comply with all city
dumpster enclosure requirements.
(g) The point of ingress and egress to be taken by the applicant's
industrial vehicular traffic path from the subject property shall
Resolution No. 16-9138
be only; NW 31st Avenue North bound to NW 131st Street then
West bound on NW 131st Street to NW 32nd Avenue;
(h) The point of ingress and egress to be taken by the applicant's
industrial vehicular traffic path to the subject property shall be
only; coming from only NW 32nd Avenue, East bound on NW
131st Street to NW 31st Avenue, then South bound on NW 31st
Avenue until reach to the subject property.
(i) The Developer must comply with the following timeline, which
applies immediately upon approval of this Development
Agreement: Violation of this timeline may result in; the
revocation of any approved Development Permit and/or any
actions deemed necessary by the City of Opa-locka:
■ Must secure Building permits: within 180 days
• Must start construction: within 270 days
• Must complete project: within 24 months
3. Development Permits. In accordance with Section 163.3227(f), F.S., the
City may need to approve the following additional development
permits upon proper submission of all requirements, and City review
or inspections, in order for the Owner to develop the Project:
(a) Site plan approvals;
(b) Water, sewer, paving and drainage permits;
(c) Building permits;
(d) Sign permits;
(e) Certificates of use and occupancy; and
(f) Any other official action of the City and/or Miami-Dade County,
Florida or other applicable regulatory agencies having the effect
of permitting the development of land or providing permits
required for the development of Property.
Resolution No. 16-9138
(g) Any liens, fees, code violations or unpaid assessments shall be
satisfied prior to the execution of this agreement.
(h) All currently non-compliant physical structures or vehicles shall
be removed prior to the execution of this agreement.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of January, 2016.
yr: Taylor
Mayor
Attest to:
$ (j(KA -4'
Joa a Flores
City Clerk
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
Moved by: COMMISSIONER PINDER
Seconded by: VICE MAYOR HOLMES
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
20ND NEIGHBORS 1 SUNDAY JANUARY 3 2016
MIAMIHERALD.COM
05
11 Days of Food&Wine - in Key Largo&Islamorada
so
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I Food CITY OF OPA-LOCKA, FLORIDA
Uncorked... ,
the
T KEY
f`1 LARGO Sc Wine NOTICE TO THE PUBLIC
V_ ISL1 J 4O . 111A F E S T I VA L 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,January 13,2016 at 7:00 p.m,in the Auditorium at Sherbondy Village,215
President Barack Obama(Perviz)Avenue,Opa-locka,Florida to consider the following items:
til til SECOND READING ORDINANCES/PUBLIC HEARINGS:
J anuary -,�2 1 6 AN 1,COMMISSION O C AMENDING
11-17 OF ORDINANCE NO,5-6 CREATING 1-117(A)ADDING ANOTICE OF REQUIREMENT O THE C TY AND THE
NUMBER OF TIMES A PROPERTY OWNER MAY CALL REGARDING ILLEGAL OR UNPERMITTED DUMPING TO
Its International Chef Exchange AVOID BEING ISSUED A CITATION OR FINE:PROVIDING FOR SEVERABILITY AND CODIFICATION;PROVIDING FOR
CONFLICT AND REPEALER;PROVIDING FOR AN EFFECTIVE DATE(first reading held on October 28,2015).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA AMENDING ARTICLE II
. Over 30 Foodie Events SECTION 2-45 BY CREATING ARTICLE II SECTION 2-45(0),LIMITING THE NUMBER OF CONSENT AGENDA
�� ITEMS(RESOLUTIONS)A MEMBER OF THE CITY COMMISSION MAY SPONSOR PER COMMISSION MEETING:
• Keys&International Cuisine PROVIDINGFORSEVERABILITYANDCODIFICATION;PROVIDINGFORCONFLICTANDREPEALER:PROVIDING FOR AN
7 __ EFFECTIVE DATE(first reading held on November 12.2015).
• Cooking Demonstrations . RESOLUTIONS/PUBLIC HEARINGS:
a:11.-z ,,,,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF S.O.T.
• "Chopped"Charity Event INVESTMENTS LLC/SHAWN OTOOLE FOR SITE PLAN APPROVAL TO CONSTRUCT A 5,000 S.F.MAINTENANCE
BUILDING WITH A 2,000 S.F.OFFICE MEZZANINE,ASPHALT ACCESS DRIVEWAY FOR 17 CAR PARKING SPACES
• Lobster&Seafood AND A 611 LINEAL FEET OF PRIVACY WALL 10 FEET IN HEIGHT ON THE EAST AND SOUTH PROPERTY LINES AS
PROPOSED,ON PROPERTY WITH FOLIO NO.08-2128-004-0391 LEGALLY DESCRIBED AS:28-29 52 41 2.143 AC
NILE GARDENS SEC 2 PB 31-42 LOT 23 LESS E340FT&LESS N15 FT LOT SIZE 93336 SO FT OR 16546-0728 1094
4 CDC 255e5-4718 04 2007 1,PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE
• Mixology&Craft Beers Tast DATE.
■ Martinis&Margaritas c A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SC.T.
7
SaturdayJan.16 V S.F.INVESTMENTS LLC/SHAWN OTOOLE FOR DEVELOPER'S AGREEMENT APPROVAL TO CONSTRUCT A 5,000 S.F.
• Celebrity Chefs MAINTENANCE BUILDING WITH A 2,000 S. OFFICE MEZZANINE,ASPHALT ACCESS DRIVEWAY FOR 17 CAR
PARKING SPACES AND A 611 LINEAL FEET OF PRIVACY WALL 10 FEET IN HEIGHT ON THE EAST AND SOUTH
Dam-4pm PROPERTY LINES AS PROPOSED,ON PROPERTY WITH FOLIO NO.08-2128-004-0391 LEGALLY DESCRIBED AS:
Pelican Cove Revert,Oceanfront 28-29 52 41 2.143 AC NILE GARDENS SEC 2 P8 31-42 LOT 23 LESS E340FT&LESS N15 FT LOT SIZE 93336 SOFT
The Upper Keys,Key Largo and OR 16546-0728 1094 4 COC 25566-471804 2007 1.PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING
Mlle Marker 83.5 in Islamorada FOR AN EFFECTIVE DATE.
Islamorada will transform for 11 days...
into a food and wine lover's paradise A multi-sensory A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF
experience of ACADEMY BUS.FOR SITE PLAN APPROVAL TO CONSTRUCT AND OPERATE THE FOLLOWING A 6,000 SQ.FT.
as culinary masters join together with OFFICE BUILDING,EMPLOYEE PARKING,A 12,400 SQ.FT.BUS GARAGE,AND 150 OPEN BUS PARKING SPACES
Fine Cuisine and AT PROPERTY IDENTIFIED BY FOLIO NO.08-2129-018-0010 LEGALLY DESCRIBED AS:10TH ADDN TO SEABOARD
wine experts and mixologists.They'll World Class Wines IND PARK P8158-44 TR A LESS BEG SE COR OF TRAIN SEC 28TH S 87 DEG W 25FT N 01 DEG W 1198.27E7 SELY
step up to the'plate'to present a AD 135.88FT SO1 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
multitude of tasty food,wine $65 Gen.Admission OR 22784-2048 1004 2;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
�' 590VIP Admission(plus tax)
ands spirits events. advance on-line tickets,
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF
P ACADEMY BUS,FOR DEVELOPER'S AGREEMENT APPROVAL TO CONSTRUCT AND OPERATE THE FOLLOWING:
Purchased at the gate-add$10 A 6.000 SQ.FT OFFICE BUILDING.EMPLOYEE PARKING,A 12,400 SQ.FT BUS GARAGE,AND 150 OPEN BUS
From a grape stomping contest to a PARKING SPACES AT PROPERTY IDENTIFIED BY FOLIO NO.08-2129-018-0010 LEGALLY DESCRIBED AS:10TH
pop-up Miami culinary evening... The Key q,r,r,K`r' ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TRAIN SEC 28 TH S 87 DEG W 25FT N 01
Florida Keys DEG W 1198.27FT SELY AD 135.88E7 S01 DEG E 1064.81 FT TO POB LOT SIZE 337304 SO FT FAU 30 2129 018 0010
there is something for every taste, OR 22784-2046 1004 2;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
&KeyWest is�dIiC�dand every bus g et as yw ae Hl
a Additional information on the above items may be obtained in the Office of the City Clerk.780 Fisherman Street,4th
Floor,Opa-locka,Florida.All interested persons are encouraged to attend these meetings and will be heard with respect
FOR THE SCHEDULE OF EVENTS&DETAILS VISIT: to the public hearings.
In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations to participate
in the proceeding Should contact the Office of the City Clerk at(305)953-2800 for assistance no later than seven(7)
f W W W•Florida Key s U n co r ke d•c o fl days prior to the proceeding.If hearing impaired,you may telephone the Florida Relay Service at(B00)955-8771(TTY),
(800)955-8770(Voice).(877)955-8773(Spanish)or(877)955-8707(Creole).
ffTAAN(��!�'�y� L_ PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency,or commission
REPUBLI[N IIIB-AL •! fyd,x:::,,,�r, The r :'sets v&1 . with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that
MS I811101M6(uMCtivl I!1♦ reason,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and
evidence upon which the appeal may be based.
Y B E b(I L R O ms NEW LE
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.7r� JOANNA FLORES.CMC
CITY CLERK
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City of Opa-Locka
Agenda Cover Memo
Commission Item Type: Resolution Ordinance Other
Meeting Date: December 9, 2015 (Enter X in X
box)
Ordinance Reading: l 2"d Reading
Yes No (Enter X in box) Reading
Fiscal Impact:
(Enter X in box) Public Hearing: Yes No Yes No
X (Enter X in box) X X
Funding Source: (Enter Fund& Dept) Advertising Requirement: Yes No
N/A N/A (Enter X in box) X
Contract/P.O. Yes No
Required: 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
(Enter X in box) X Public Safety 0
Quality of Education 0
Qual. of Life & City Image M
Communication El
Sponsor Name City Manager Department: Community Development
Short Title:
A resolution of the City Commission of the city of Opa-locka to consider the request of S.O.T. Investments LLC/Shawn
Otoole for Developer's Agreement approval to construct a 5,000 s.f. maintenance building with a 2,000 s.f. office
mezzanine, and a 611 linear feet of privacy wall 10 feet in height on the east and south property lines as proposed, on
property with folio no. 08-2128-004-0391 legally described as: 28-29 52 41 2.143 ac nile gardens sec 2 pb 31-42 lot 23
less e340ft & less n15 ft lot size 93336 sq ft or 16546-0728 1094 4 coc 25566-4718 04 2007 1. providing for
incorporation of recitals; providing for an effective date.
1
Staff Summary:
Upon the request of the applicant "S.O.T. Investment/ Shawn Otoole" to develop the property located at reference
address 3050 NW 129 Street, Opa-locka, Florida 33054, also identified by folio number 08-2128-004-0391. The Planning and
Community Development Department initiated the process of assisting the applicant to present the request for Developer's
Agreement approval before the Planning Council board. The subject property is located within the 1-2 (Liberal Industrial) zoning
district and the proposed use is consistent with the said zoning. The applicant submitted their application for Planning
Council review on August 21st, 2015, which satisfied the requirement deadline for submission. This item was advertised
pursuant to the City's advertisement notice requirements for Planning Council review and City Commission public
hearing notice of advertisement requirements. This request was presented to the Planning Council on Tuesday,
October 06th, 2015. At this meeting, a public hearing on the item was held and the Planning Council recommended
approval of this site plan along with the recommendations made by city staff.
It is required for the applicant in conjunction with an application for development order (Site Plan), to submit an
acceptable Developer Agreement. The agreement shall be consistent with Florida Statute 163.3220. In addition to the
Florida Statute requirements, the agreement shall include provisions to guarantee, but not be limited to the following
items: (Please see attached Developer's Agreement for details)
- All impacted public facilities shall be adequate to serve the site at an acceptable level of service (L.O.S.) prior
to receiving a Certificate of Occupancy;
- The applicant agrees to abide by and not deviate from the terms of its graphic and verbal presentation
submitted to the City Commission in order to receive a Development Order. Such items include, but are not
specifically limited to;
o A. Design of all physical structures, water bodies, private and public improvements.
o B.The color and dimensional characteristics of all building materials.
- Subsequent to receiving a development order the design of all structures, materials and colors included in the
applicant's documentation shall not be physically altered or substituted.The burden shall be on the applicant to
prove that the material or color is no longer available;
The submitted Development Agreement has been reviewed by the Planning and Community Development Department
under the guidance and recommendations of the City Attorney and/or his Designee, and has been found legally
sufficient by both parties' legal reviews.
• The Planning Council recommendation to approve the applicant's request for a Developer's Agreement, along
with staff recommendations was approved by 4 -0 votes.
Proposed Action:
- Staff has recommended approval for this project
Attachments:
Planning Council Application: Developer Agreement
Developer's Agreement Documentation
Planning Council Meeting Minutes 10-06-2015
2
Site Plan Staff Report
Attached Architectural Site Plan Set
3
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Memorandum
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence K. Pinder, Commissioner
Joseph L. Kelley, Commissioner
Luis B. Santiago, Commissioner
FROM: David Chiverton, Interim City Manager
DATE: December 9, 2015
RE: A resolution of the City Commission of the city of Opa-locka to consider the request of
S.O.T. Investments LLC / Shawn Otoole for Developer's Agreement approval to construct
a 5,000 sq.ft. maintenance building with a 2,000 sq.ft. office mezzanine, and a 611 linear
feet of privacy wall 10 feet in height on the east and south property lines as proposed, on
property with folio no. 08-2128-004-0391 legally described as: 28-29 52 41 2.143 ac nile
gardens sec 2 pb 31-42 lot 23 less e340ft & less n15 ft lot size 93336 sq ft or 16546-0728
1094 4 coc 25566-4718 04 2007 1. providing for incorporation of recitals; providing for an
effective date.
Request:
A resolution of the City Commission of the city of Opa-locka to consider the request of S.O.T. Investments
LLC / Shawn Otoole for Developer's Agreement approval to construct a 5,000 sq.ft. maintenance building
with a 2,000 sq.ft. office mezzanine, and a 611 linear feet of privacy wall 10 feet in height on the east and
south property lines as proposed, on property with folio no. 08-2128-004-0391 legally described as: 28-29
52 41 2.143 ac nile gardens sec 2 pb 31-42 lot 23 less e340ft & less n15 ft lot size 93336 sq ft or 16546-
0728 1094 4 coc 25566-4718 04 2007 1. providing for incorporation of recitals; providing for an effective
date.
Description:
Upon the request of the applicant "S.O.T. Investment/ Shawn Otoole" to develop the property located at
reference address 3050 NW 129 Street, Opa-locka, Florida 33054, also identified by folio number 08-2128-004-
0391. The Planning and Community Development Department initiated the process of assisting the applicant to
present the request for Developer's Agreement approval before the Planning Council board. The subject property is
located within the 1-2 (Liberal Industrial) zoning district and the proposed use is consistent with the said zoning. The
1
applicant submitted their application for Planning Council review on August 21st, 2015, which satisfied the
requirement deadline for submission. This item was advertised pursuant to the City's advertisement notice
requirements for Planning Council review and City Commission public hearing notice of advertisement
requirements. This request was presented to the Planning Council on Tuesday, October 06th, 2015. At this
meeting, a public hearing on the item was held and the Planning Council recommended approval of this
site plan along with the recommendations made by city staff.
It is required for the applicant in conjunction with an application for development order(Site Plan), to submit
an acceptable Developer Agreement. The agreement shall be consistent with Florida Statute 163.3220. In
addition to the Florida Statute requirements, the agreement shall include provisions to guarantee, but not
be limited to the following items: (Please see attached Developer's Agreement for details)
- All impacted public facilities shall be adequate to serve the site at an acceptable level of service
(L.O.S.) prior to receiving a Certificate of Occupancy;
- The applicant agrees to abide by and not deviate from the terms of its graphic and verbal
presentation submitted to the City Commission in order to receive a Development Order. Such
items include, but are not specifically limited to;
o A. Design of all physical structures, water bodies, private and public improvements.
o B. The color and dimensional characteristics of all building materials.
- Subsequent to receiving a development order the design of all structures, materials and colors
included in the applicant's documentation shall not be physically altered or substituted. The burden
shall be on the applicant to prove that the material or color is no longer available;
The submitted Development Agreement has been reviewed by the Planning and Community Development
Department under the guidance and recommendations of the City Attorney and/or his Designee, and has
been found legally sufficient by both parties' legal reviews.
• The Planning Council recommendation to approve the applicant's request for a Developer's
Agreement, along with staff recommendations was approved by 4-0 votes.
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 15-31
Planning Council Recommendation:
Planning Council recommendation for approval passed by a 4-0 vote.
2
Staff Recommendation:
Staff has recommended approval of this Project.
Attachment(s)
Planning Council Application:Developer Agreement
Developer's Agreement
Planning Council Meeting Minutes 10-06-2015
Site Plan Staff Report
Attached Architectural Site Plan Set
Prepared By: Josue Leger,City Planner
Gerald Lee,Zoning Official
Gregory Gay, Director
Planning and Community Development Department
3
Received: a S >E
By:
Cz Date: al-
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PLANNING COUNCIL APPLICATION
APPLICATION NUMBER:1 S 10-0 6-o��t— CHECK NUMBER: TO t Ks DATE RECEIVED: 8- 2-1 I
PROPERTY OWNER'S NAME: :J l J l 7 V` 4,Y 1 f 7 I S
PROPERTY OWNER'S ADDRESS: '73C)S I ilv,'c-u Z cc `J L�� C ;
Number/Street City State/Zip Code
C.- ctii
APPLICANT'S NAME: _ L' C C: i e
APPLICANT'S ADDRESS: 3L 6.1)! t Z-C) t , tl Y-)(&C.(LA
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE (s<S7) ,;j(r,6 HOMES 311` b(6 ti ti OTHER
SUBJECT PROPERTY ADDRESS: - C3C; ( 1(7 L iO C'r((01
Number/Street
TAX FOLIO NUMBER: 0 ` 2 12 Lf 6. ( I PRESENT ZONING: .._—L
LEGAL DESCRIPTION:Z.6 2CI S2 I..2 1 3 tic_ l LL 0.1"1:De Z 1'L3 --3 i-t-1 Z
I- ?3 (c' s s C < <5'q<_:it]' 0- l e s i f, , f FT 1,2,-1 312c. cf_,' 3 _3 i> Sr or 1 G;St#u. Gf Z< /
CO C. S( 4' '-(g / 5 (1 71
Please check specific request:
Tentative Plat
Final Plat
_Comprehensive Plan Amendment:_Small Scale;_Large Scale(please specify type of amendment below)
Rezoning
_Drainage Plan
_Fill Permit Request
_Preliminary Site Plan Review
Final Site Plan Review
_Conditional Use Permit—No Plans
Conditional Use Permit—With Plans
_Special ception—No Plans
_ cial Exception—With Plans
Development Agreement
_Restrictive Covenant
_Other—Please specify:
Add any additional information that may be of importance to this request:
Reference to Ordinance 15-13
Ordinance 86-8 Section 4.13 and Section 4.4
Received:
By:
Date:
PLANNING COUNCIL APPLICATION
(Checklist)
Applications will not be accepted without the following data. For a public hearing, all items below are necessa
and must be submitted.
/Completed application form
/Application fee payable to the City of Opa-locka by check or money order
✓ Copy of property owner's and/or applicant's driver license/photo I.D.
VAffidavit(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, in ti
rear, to the left and to the right of the subject property, indicating his or her support for the proposed projec
e t (Must include name, address,and phone number).
1V/A All preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad ar
III PDF format.
JO—
Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches). (The submitted proper
( survey must not exceed a maximum of two(2)years from date created in order to be considered acceptable by the City of Opa-locka)
PIIgi
Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping an
parking in accordance with the City's zoning ordinance;(size 36 x 24 &at least 7 Sealed Copies
Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of sai
parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcc
riginal and 2 copies size of document to accommodate scale)
Narrative concept must be submitted with application
AFFIDAVIT
I, j k.'fti: O, 'C 0 , being first duly sworn, depose and say that I am the OWNER of the property ,and
understand that this application must be complete and accurate before a public hearing can be advertised.
"<. --t__—_ .c.sr--7-e--___
'Signature
Date
Sworn to and subscribed before me:
This 1 day of Sk,-_,-V-k "2 C, C
My commission expires
Notary ubl' �ti; ;•o Ml•s`s/p C9�r`'
Attach copy of identification ;��'ember). A;
d* O aom� z
.O•
17,-1•, #EE8 e 5¢4:
Reference to Ordinance 15-13 "9'' 0
i L• �i�dlhN, •0�.�
✓,6•• lkelios.Off`',
Ordinance 86-8 Section 4.13 and Section 4.4 f�,�'9l� ....• ,
,��Ctrl��t0.���°'�'
Received:
OPp LOC a�\ By:
‘o� Date:
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PLANNING COUNCIL APPLICATION
POWER OF ATTORNEY
This form is to be attached to all applications, and to be returned with the application. No application will be honored
persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted.
To: City of Opa-locka
From:
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the proper
owner's behalf).
,
I ,__ 1 CA..),, -J �� , being first duly sworn,depose and say that I am the own
of the property legally described as: (7_;-
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I do give to the power of Attorney and authority to speak in n
behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I al:
authorize to negotiate and commit to the City Commission and Cis
Administration in my behalf. I will abide by all final determinations of the City Commission and City Administration.
Signature `
L9q_ C% 1- 2- «
Date
Sworn to and subscribed before me:
C
This .,---
day of `�1 _ t
-------- _ My commission expires:
Z r'(- / Q2.
Notary Public' \\\\'�6�+1 Y JJJt
'� ,ember ii,
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Reference to Ordinance 15-13 =o;
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14511 Rosewood Road • Miami Lakes, Florida 33014 • Phone: (305) 557-7220
LETTER OF INTENT
RE: S.O.T. Investments, L.L.C.
3050 N.W. 129th Street
Opa-Locka, FL. 33054
Date: June 2, 2015
To whom it may concern,
My name is Avelino R. Leoncio,Jr., I am The Architect and The Owner's Representative for the
above referenced address in connection to the following property improvements.
The Existing Site is a 2.52 Acres, presently used as a staging area for Trucks and Asphalt
aggregate material.
There is no Asphalt manufacturing at this facility.
The New Project encompasses the construction of a 5,000 S.F. Maintenance Building with a
2,000 S.F. Office Mezzanine, asphalt access driveway for 17 car parking spaces and a 611
lineal feet of privacy wall 10'-0" high on the east and south property lines.
The new building will have a total height of 31'-6" to the top of the decorative parapet.
I hope the above meets with your approval, but if you have any questions, do not hesitate to
contact me.
/1
Si yerel i
Avelino .L oncio,Jr. A.I.A, N.C.A.R.B., C.S,I,
_ _ _
. Sart.chtar:state It
EVA
°
ARROW ASPHALT & ENGINEERING, INC. WELLS FARGO 22783
D/B/A DIGGER O'TOOLE 63-643/670
3051 NW 129TH STREET
OPA LOCKA,FL 33054
(305)688-8686(954)963-2381
THE Three Thousand Five Hundred and No/100 Dollars
DER DATE AMOUNT
9/1/2015 $3,500.00
City of Opa Locka
Attn: Building&License
P.O. Box 540371
Opa Locka, Florida 33054
Memo:
"°0 2 2783H° 1:06 700643 21: 6556 ?47365"
ARROW ASPHALT&ENGINEERING, INC./D/B/A DIGGER O'TOOLE
22783
y of Opa Locka 22783 9/1/2015 $3,500.00
Payment For:
Vendor Inv Purchase No. Invoice Date Invoice Amount Discounts Previous Payments Current Payment
00056255 9/1/2015 $3,500.00 $0.00 $0.00 $3,500.00
Received:
■c``. A<p Date:
%' * x 94'° Page 5 of 5
O9ponA'to
PLANNING COUNCIL
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 3(9 SO kW q`_, 6)94
LEGAL DESCRIPTION: (5(... 6 /-17 1-1-1(1165,6
-s.
PROPERTY OWNER'S NAME: 3C 7)3;20e J/'/k i/f 11.( PHONE:3Q-.5- F, ‘86,S),
ADDRESS (If different): q f f E
„am A4P et _ -
Signature
Foo /
Fier d e z
30Ct 1 ti( C) 1 79 a
Coq Coco 1, F , 33f�sLi ,
Reference to Ordinance 13-08
Ordinance 86-8 Section 4.13 and Section 4.4
Received:
k ��o Date:
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Page 5 of 5
pH-0RAK 'O
PLANNING COUNCIL
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: ;_T ). ) ,JC , (-)-4 (-C( ` ;- )J-i
LEGAL DESCRIPTION: 3( ? /-17 F/? 1 /EA
PROPERTY OWNER'S NAME: 36) T,pk)i(.1/41C') Li i t ( PHONE: `ij- O , (x "E
ADDRESS (If different): -�71.4/))C
Signature
Leo■AA Wat br I ot,,e
.2_,(3q-0 RsL,JP R (Lb
TA Lockis, . 33oS1-i
Reference to Ordinance 13-08
Ordinance 86-8 Section 4.13 and Section 4.4
Received:
Qp�LQCkp By:
4° ��4 Date:
li
II, :-s� e Page 5 of 5
QAuortnT0'9
PLANNING COUNCIL
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: 3(,(,1)3() ii,, 1 // (
,,c ; ("j94 (6.04'i> Ft ,,y3),,�,
LEGAL DESCRIPTION: : fir. /-ii L ?f](//:j
PROPERTY OWNER'S NAME: 5 ` J,77)(../e 1 If n n i'//1 , L ( PHONE:3,( i- ,a °ni
ADDRESS (If different): Y-1 )C—
/ //614"
if gn
Al A 1-)C e ,),e_z....,
t.2c.o S , 32
C JA L ouu , 1 . 3 3 0��-1
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Reference to Ordinance 13-08
Ordinance 86-8 Section 4.13 and Section 4.4
' Received:
ofP�ock4 By:
o� �� Date:
o
ze Page5of5
°AR'0Ra? Q.
PLANNING COUNCIL
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: EA C(1 �, AIL( ,� ': /-/ �,- - (, �, / ..? --...f.
0
LEGAL DESCRIPTION: . /1-17 U/16``f /E^A
PROPERTY OWNER'S NAME: 56 it, but J/i1) ) /.1 il C- PHONE: 3,(),\ 6;.v ' P(/ ''
ADDRESS (If different): / )/.11 C
Signature
OM z.AU� ,4 A, V,
99(4 cioa, Ft . 3,50
3Q5-- c,'1g _,-bci
Reference to Ordinance 13-08
Ordinance 86-8 Section 4.13 and Section 4.4
Received:
o 4�',� Date:
0
t
'�o Frye Page 5 of 5
9400 RA'to'P
PLANNING COUNCIL
NEIGHBORHOOD PETTTION
RE: PROPERTY ADDRESS: (0, __ (,/ Z(.'
�. ( -4 cf< i_ — 1J,
LEGAL DESCRIPTION: (5( £; 1/-17 f i' L-f Eli
PROPERTY OWNER'S NAME: 56 7,:_EjrA 1 It 1.I C 11J 2 L.C-. PHONE: '=25-65,c Y:Y , ,
ADDRESS (If different): -- I)1 C
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Aignature
L. v , S � 3 �, tt � F_
12000 IC,') 30,40-e_
LD.pA boa-A , P v 3og
Reference to Ordinance 13-08
Ordinance 86-8 Section 4.13 and Section 4.4
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/� ,_ ARCHITECT ____-------.__
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14511 Rosewood Road • Miami Lakes, Florida 33014 . Phone: (305) 557-7220
Traffic Impact Statement
RE: S.O.T. Investments, L.L.C.
3050 N.W. 129th Street
Opa-Locka, FL 33054
Date: July 21, 2015
To whom it may concern,
My name is Avelino R. Leoncio, Jr., I am The Architect and The Owner's Representative for the
above referenced address in connection to the following property improvements.
The Existing Site is a 2.52 Acres, presently used as a staging area for Trucks and Asphalt
aggregate material.
The New Project encompasses the construction of a 5,000 S.F. Maintenance Building with a
2,000 S.F. Office Mezzanine, asphalt access driveway for 13 car parking spaces and a 611
lineal feet of privacy wall 10'-0" high on the east and south property lines.
Based on the above Project Description and my past experience, it is my professional opinion
' that the additional traffic that will be generated by the New Improvements is Negligible.
I hope the above meets with your approval, but if you have any questions, do not hesitate to
contact me.
' /2
Sincerel., j. "
rit / /
-4,- ‘ 11;n1/7/)
Avelino R. Leoncio, . A.I.A, N.C.A.R.B., C.S,I,
is
March 3, 2015
City of Opa-Locka
Planning &Zoning Department
3400 NW 135 Street, Building B
Opa-Locka, FL 33054
RE:Property Owners List within 375 feet of:
LEGAL DESCRIPTION:
Tract 23 less the East 340 feet and less the North 15 feet thereof, of NILE GARDENS SECTION II,
according to the plat thereof, as recorded in Plat Book 31 Page 42 of the Public Records of
Miami-Dade County, Florida.
LOCATION: 3050 NW 129th Street, Opa-Locka FL33054
FOLIO No. 08-2128-004-0391
PREPARED FOR: AVELINO LEONCIO ARCHITECT
ORDER NO.: 150303
This is to certify that the attached ownership list, map and mailing matrix is a complete and accurate
representation of the real estate property and property owners within 375 feet of the subject property lis
above. This reflects the most current records on the file in Miami-Dade County Property Appraiser's Offic(
Sincerely,
THE ZONING SPECIALISTS GROUP, INC.
e F. Lopez, P.S.M. #3086
Total number of property owners without repetition: 12
7729 NW 146th Street• Miami Lakes, FL 33016
Phone: 305 828-1210
www.thezoningspecialistsgroup.com
REQUEST/OWNERS LIST
THE FOLLOWING ARE PROPERTY OWNERS WITHIN A 375-FOOT RADIUS OF THE FOLLOWING LEGALLY
DESCRIBED PROPERTY:
LEGAL DESCRIPTION:
Tract 23 less the East 340 feet and less the North 15 feet thereof, of NILE GARDENS SECTION II, according
the plat thereof, as recorded in Plat Book 31 Page 42 of the Public Records of Miami-Dade County, Florid,
LOCATION: 3050 NW 129th Street, Opa-Locka FL33054
FOLIO No. 08-2128-004-0391
PREPARED FOR:AVELINO LEONCIO ARCHITECT
ORDER NO.: 150303
28 52 41 1.23 Ac East View Garden - Lake Addn PB 51-17 Tr A Less E173ft
& Less W125ft Ramo Properties Inc
Property Address: 3051 129 St NW 9305 SW 90th St
Folio No. 0821280020010 Miami, FL 33176-1905
28 52 41 .774 Ac East View Garden-Lake Addn PB 51-17 W125ft Of Tr A Greff International Inc
Property Address: 3091 129 St NW 627 Buford Rd
Folio No.0821280020011 Arabi, GA 31712-2811
28 52 41 .24 Ac PB 51-17 East View Garden - Lake Addn Lot 8 Blk 360 Florida Ind Prop Two LLC
Property Address: 2433 NW 64th St
Folio No.0821280020090 Boca Raton, FL 33496-3621
28 52 41 .92 Ac M/L PB 51-17 East View Garden-Lake Addn
Lots 1 &2 BIk 361 & E173ft Of N1/2 Of Tract A Robert Upthegrove
Property Address: 12980 30 Ave NW 12980 NW 30th Ave
Folio No.0821280020100 Opa Locka, FL 33054-5028
East View Gdn Lakes PB 51-17 Lots 3 &4& E173ft 51/2 Tr A BIk 361 Suhaus Inc
Property Address: 12900 30 Ave NW 6301 Collins Ave Apt 1401
Folio No. 0821280020120 Miami Beach, FL 33141-4630
28-29 52 41 2.37 Ac M/L Nile Gardens Sec 2 PB 31-42 W1/2 Lot 21 Florida Ind Prop Two LLC
Property Address: 2433 NW 64th St
Folio No. 0821280040380 Boca Raton, FL 33496-3621
28-29 52 41 3 Ac Nile Gardens Sec 2 PB 31-42 E340ft Of Lot 23 Waste Services Of Florida Inc
Property Address: 12890 Aswan Rd 3903 Bellaire Blvd
Folio No.0821280040390 Houston,TX 77025-1119
28-29 52 41 2.143 Ac Nile Gardens Sec 2 PB 31-42 Lot 23 Less E340ft
& LeSs N15 Ft Sot Investments LLC
Property Address: 3051 NW 129th St
Folio No.0821280040391 Opa Locka, FL 33054-4924
Nile Gdns Sec 2 PB 31-42 Lot 24 L.,‘Size 215186 Sq Ft Miami Dade County Water And SE
Property Address: 12700 30 Ave NW 3071 SW 38th Ave
Folio No.0821280040400 Miami, FL 33146-1520
Nile Gardens Sec 2 PB 31-42 Port Of Lots 29&30 Desc Beg 25Ft S
& 25FtW Of NE Cor Lot 29Th 5383.55Ft W602.96Ft N117ft E139.20Ft
N71.55Ft E325 Instant Storage Of Florida Inc
Property Address: 3100 131 St NW 3101 State Rd
Folio No. 0821280040470 Bakersfield,CA 93308-4931
Nile Gardens Sec 2 PB 31-42 Port Of Tr 30 Desc Comm NW Cor
Tr 29 Th S 00Deg W 408.56Ft E 643.96Ft S 00 Deg E 36.79Ft For POB
Cont S 00 Deg E 17... The Force Gse Inc
Property Address: 3180 131 St NW 13181 NW 32nd Ave
Folio No.0821280040471 Opa Locka, FL 33054-4950
•
Nile Gardens Sec 2 PB 31-42 Port Of Tr 30 Desc Beg 408.56Fts
&41Fte OfNW Cor Tr 29 Cont E602.96Ft S36.79Ft W90ft S170ft
W603.42Ft N206.79Ft To pob Instant Storage Of Florida Inc
Property Address: 3101 State Rd
Folio No.0821280040473 Bakersfield,CA 93308-4931
Nile Gardens Sec 2 PB 31-42 Port Of Lots 30&31 Desc Beg 25Ft W
Of SE COr Lot 31 Th W557.39Ft N 41 Deg W70.26Ft N292.19Ft E603.43Ft
S344.65Ft ... Pv Realty LLC
Property Address: 12905 32 Ave NW 1921 Galerita Dr
Folio No. 0821280040490 Rancho Palos Verdes, CA 90275-1z
28 29 52 41 5 Ac Nile Gardens Sec 2 PB 3142 Tr 32 Less W41ft Thereof Landvest LLC
Property Address: 13105 NW Lejeune Rd
Folio No. 0821280040500 Opalocka, FL 33054
Record and Return to: (enclose self-addressed stamped envelope)
Y.Lisa Colon Heron
101 NE 3rd Ave
Suite 1910
Fort Lauderdale,Fl 33301
This Instrument Prepared by:
Vincent Brown Law Group
847 N.W. 119th Street, Suite 200
Miami,Florida 33166
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA,FLORIDA;
AND SOT INVESTMENTS,LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this _ day of
, 2015 ("Execution Date") by and between SOT INVESTMENTS, LLC, a Florida limited
liability company ("Owner") with a mailing address of 3051 NW 129 Street, FL 33054 and the City of
Opa-Locka, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"),
with a mailing address of 3400 NW 135th Street, Bldg. B Opa-locka Florida 33054.
WITNESSETH:
WHEREAS, the Owner is the fee simple owner of approximately 93,336 Sq. Ft. of land located
at 3051 NW 129 St Opa Locka, FL 33054- 4924, within the municipal boundaries of the City and
identified by Miami-Dade County Tax Folio No.08-2128-004-0391 (the "Property"), the legal description
is: Tract 23 less East 340 feet thereof, and less the North 15 feet thereof of NILE GARDENS SECTION
II, according to the Plat thereof as recorded in Plat Book 31, at Page 42 of the Public Records of Miami-
Dade County,Florida.
WHEREAS, the City's Commission adopted Resolution Number approving a Site Plan
for the construction of an office building and mechanic repair facility.
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local
Government Development Agreement Act, the Florida Legislature has determined that the lack of
certainty in the development process can result in a waste of economic and land development resources,
discourage sound capital improvement planning and financing, escalate the cost of housing and
development, and discourage commitment to comprehensive planning; and
WHEREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing laws and policies, subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement planning and
financing, assists in assuring there are adequate capital facilities for the development, encourages private
participation in comprehensive planning, and reduces the economic costs of development; and
WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to
the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS,the City Commission pursuant to Resolution No. , adopted on
, authorizes the City Manager to execute this Agreement upon the terms and conditions
set forth below, and the Manager of Owner have authorized the Owner to execute this Agreement upon
the terms and conditions set forth below; and
NOW,THEREFORE, in consideration of the conditions, covenants and mutual promises herein
set forth,the Owners/Owners and City agrees to as follows:
1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone or more additional term(s) approved by mutual
consent of the parties pursuant to a public hearing pursuant to Section 163.3225,
F.S.
(b) "Agreement" means this Chapter 163,F.S., Development Agreement between the
City and Owner.
(c) "City" means the City of Opa-Locka, a municipal corporation and a political
subdivision of the State of Florida, and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter
163,F.S.
(e) "Owner" means the persons or entities undertaking the development of the
Property, defined in the preamble to this Agreement, SOT INVESTMENTS
LLC, a Florida limited liability company and/or any of its respective successors,
assigns,or heirs thereof.
(f) "Development" means the carrying out of any building activity, the making of
any material change in the use or appearance of any structure or land, or the
dividing of land into three or more parcels and such other activities described in
Section 163.3221(4), F.S.
(g) "Development Permit" includes any building permit, zoning or subdivision
approval, certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami-Dade County,
(i) "Entire Term" is the total term of this Agreement, combining the Initial Term
(thirty (30) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's approval
of the Master Site Plan, and (b) the provisions of the Charter, Comprehensive
Plan and Laws of the City of Opa-Locka, including the City of Opa-Locka's
Unified Land Development Regulation Code and the Ordinance, as amended
through the Effective Date.
(I) "Site Plan" is the Final Site Plan approved by the City Commission via
Resolution No. for an office building and mechanic repair facility to
be located at the Property.
(m) "Governing Body" means the City of Opa-Locka's City Commission.
(n) "Initial Term" is thirty (30)years commencing on the Effective Date.
(o) "Land" means the earth, water, and air, above, below, or on the surface and
includes any improvements or structures customarily regarded as land, except as
provided herein.
(p) "Land Development Regulations" means ordinances, rules and policies enacted
or customarily implemented by the City for the regulation of any aspect of
development and includes any local government zoning, rezoning, subdivision,
building construction, or sign regulation or any other regulations controlling the
development of or construction upon land in effect as of the Effective Date.
(q) "Laws" means all ordinances, resolutions, regulations, comprehensive plans,
Land Development Regulations, and rules adopted by the City of Opa-Locka
affecting the development of land in effect as of the Effective Date, including
Opa-Locka's Unified Land Development Regulation Code, the Ordinance and the
Resolution Number
(r) "Parties" means the City and the Developer
(s) "Project" is the construction of an office business and mechanic repair facility
has shown on the Master Site Plan.
(t) "Property" is the 93,336 Sq. Ft. of land located at 3051 N.W. 129 Street, Opa-
Locka,FL 33054, within the municipal boundaries of the City and identified by
Miami-Dade County Tax Folio No.08-2128-004-0391,the legal description of
which is: Tract 23 less East 340 feet thereof, and less the North 15 feet thereof of
NILE GARDENS SECTION II, according to the Plat thereof as recorded in Plat
Book 31, at Page 42 of the Public Records of Miami-Dade County,Florida.
(u) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
educational facilities, parks and recreational, and health systems and facilities for
which the City's Comprehensive Plan sets forth required levels of service.
ik
(v) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa-Locka Resolution Number approving the Master Site Plan
4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed
and implemented as a development agreement among the parties pursuant to the Florida
Local Government Development Agreement Act, Section 163.3220 through 163.3243,
F.S., ("Act"), in compliance with section 4.16 of the City of Opa-Locka's Unified Land
Development Regulation Code,the Ordinance and the Resolution.
5. Effective Date. Immediately upon approval by the City and execution by all parties, the
City shall record, with recording fees paid by the Owner, the Agreement with the clerk of
the Circuit Court for Miami-Dade County. This Agreement shall become binding on the
Effective Date. Notwithstanding the Effective Date provided herein and required by
Section 163.3239, P.S., the City and the Owners/Owners shall act in good faith to carry
out the intent of the Agreement upon the Execution Date.
6. Term of Agreement and Binding Effect. This Agreement shall run with the land,
remain in full force and effect, and be binding on all Parties(including the Owner) and all
persons claiming under it for an Initial Term of thirty (30) years from the Effective Date,
and may be extended for one or more Additional Term(s) thereafter by mutual consent of
the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to
any extension of this Agreement requires approval of both parties to this Agreement. No
notice of termination shall be required by either party upon the expiration of this
Agreement and thereafter the parties hereto shall have no further obligations under this
Agreement. The obligations imposed pursuant to this Agreement upon the parties and
upon the Property shall run with and bind the Property as covenants running with the
Property, and this Agreement shall be binding upon and enforceable by and against the
parties hereto, their personal representatives, heirs, successors, grantees and/or assigns.
7. Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
8. Expiration/Termination/Default.Upon the expiration of the agreement, the city shall
have ability and the rights under its police power to adopt Zoning Regulations not
inconsistent with the rights granted hereunder. In the event of termination or default, no
further rights under this agreement shall exist, whether brought under a claim of vested
right,equitable estoppel or otherwise.
9. Development Uses Permitted on the Property.
(a) Main administrative and operation facility for the corporation at this site will
include only the office operation, company vehicle repair, and storage of
equipment for S.O.T. Investment/Arrow Asphalt
(b) No waste products, by-products or products that are similar and or related to the
daily nature of operation of the vehicles/trucks, equipments of SOT Investment,
Arrow Asphalt and or any other similar entity offsite operation (s) (including
construction, land clearing and demolition debris, recycling products/materials,
asphalt, paving, asphalt materials) be transported nor stored at this property: the
legal description of which is mentioned above and identify by folio no. 08-2128-
004-0391
10. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner
agrees as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of Occupancy for
the Project, and shall be served by water and sanitary sewer main extensions as
required by the city in accordance with Miami-Dade County permitting
requirements.
(b) All Public Facility improvements required by the City, by Miami-Dade County,
Florida, or voluntarily proposed by the Owner to be installed by Owner shall be
constructed in accordance with applicable governmental regulations prior to the
issuance of a Certificate of Occupancy of the Project.
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its submissions
representation submitted to the City Commission in order to receive approval of
the Master Site Plan. Such items include,but are not specifically limited to:
• Design of all physical structures, water bodies, private and public
improvements; and
• The color and dimensional characteristics of all building materials.
• Owner agrees to construct commercial and retail facilities to compliment
to truck and automobile facilities proposed on the Property.
• All landscaping, bay, loading and parking spaces must be provided and
maintained as shown on the site plan.
(e) Owners will not physically alter or substitute the design of structures, materials
and colors included in the Master Site Plan except as approved by the City in the
City's sole discretion. In the event that building materials or colors are no longer
available, the burden shall be on Owners/Owners to prove that said materials or
colors are in fact unavailable.
(f) Owner shall strive to employ qualified residents from the City of Opa-locka to
work at the Property (prior to and after construction). In order to accomplish this
task the Owner shall coordinate with the City of Opa-locka and the Career
Source of South Florida Office located in the City in accordance with the
Memorandum of Understanding between the City of Opa-locka and Career
Source.
(g) Owner shall also encourage all contractors and subcontractors to employ Opa-
locka residents through the assistance of the Career Source South Florida office
in coordination with the City of Opa-locka and in accordance with the
Memorandum of Understanding between the City of Opa-locka and Career
Source.
(h) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(i) The Developer must comply with the following timeline, which applies
immediately upon approval of this Development Agreement: Violation of this
timeline may result in; the revocation of any approved Development Permit
and/or any actions deemed necessary by the City of Opa-locka:
• Must secure Building permits: within 180 days
• Must start construction: within 270 days
■ Must complete project: within 24 months
11. Development Permits. In accordance with Section 163.3227(f), F.S., the City may need
to approve the following additional development permits upon proper submission of all
requirements, and City review or inspections, in order for the Owner to develop the
Project:
(a) Site plan approvals;
(b) Water, sewer, paving and drainage permits;
(c) Building permits;
(d) Sign permits;
(e) Certificates of use and occupancy; and
(f) Any other official action of the City and/or Miami-Dade County, Florida or other
applicable regulatory agencies having the effect of permitting the development of
land or providing permits required for the development of Property.
(g) Any liens, fees, code violations or unpaid assessments shall be satisfied prior to
the execution of this agreement.
(h) All currently non-compliant physical structures or vehicles shall be removed
prior to the execution of this agreement.
12. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(d),
F.S., the City and the Owners/Owners anticipate that the Property and the Project will be
served by those public services and facilities currently in existence as provided by the
State of Florida, Miami-Dade County, the City, and/or as contemplated in Master Site
Plan. The Property and the Project will also be served by any and all public facilities
provided in the City's Comprehensive Plan, specifically including but not limited to,
those public facilities described in the Comprehensive Plan's Capital Improvements
Element. For the purposes of concurrency, the City hereby agrees to provide, reserve, and
allocate sufficient public facility capacity, including but not limited to water, sanitary
sewer, solid waste, drainage, fire and police to serve the development of the Project on
the Property. All development orders or permits sought to be issued for the Project
pursuant to this Agreement must be able to meet concurrency standards set forth in the
Comprehensive Plan (concurrency regulations) and to be consistent with Land
Development Regulations, so long as the Owners/Owners constructs the Property in
compliance with the City's Laws, Comprehensive Plan and Land Development
Regulations in existence as of the Effective Date. Owners/Owners shall be bound by the
City impact fees and assessments in existence as of the Effective Date of this Agreement.
Nothing in this paragraph shall relieve the Owners/Owners of the requirement to pay
impact fees and assessments.
13. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,
the City hereby finds and declares that the Owners development of the Project on the
Property complies with the Laws, ordinances,regulations and policies of the City of Opa-
Locka, and is consistent with the City's Laws, Comprehensive Plan and Land
Development Regulations.
14. Reservation of Development Rights. Except as otherwise provided in the Act for the
Entire Term of this Agreement, the City hereby agrees that it shall permit the
development of the Project in accordance with the Laws of the City of Opa-Locka,
including the City's Comprehensive Plan and Land Development Regulations, as of the
Effective Date of this Agreement, subject to the conditions of this Agreement. Except as
otherwise provided in the Act, the City's Laws and policies governing the development of
the Property as of the Effective Date of this Agreement shall govern the development of
the Property for the Entire Term of this Agreement unless terminated. Development of
the Property as outlined herein shall not be subject to any future changes to the Laws of
the City, including the City's Land Development Regulations and Comprehensive Plan
designation after the Effective Date and during the Entire Term of this Agreement,except
to the extent that Owners consent to such changes and except as otherwise provided in
the Act. The City may apply subsequently adopted laws or policies to the Property only
as permitted or required by the Act or as provided above or upon this agreement being
terminated or having expired
15. Zoning and Other Approvals. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions, as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,
approve with conditions, or reject any public hearing application dealing with the
Property.
16. Necessity of Complying,with Local Regulations Relative to Development Permits. In
accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be
construed as a development permit or authorization to commence Development. The
Owners/Owners and the City agree that the failure of this Agreement to address a
particular permit, condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve Owners/Owners of the necessity of complying with any and
all regulations governing said permitting requirements, conditions, fees, terms or
restrictions as long as compliance with said regulation and requirements do not require
the Owners/Owners to develop the Property in a manner that is inconsistent with the
Laws of the City of Opa-Locka in existence as of the Effective Date.
17. Good Faith; Further Assurances. The parties to this Agreement have negotiated in
good faith. It is the intent and agreement of the parties that they shall cooperate with each
other in good faith to effectuate the purposes and intent of and to satisfy their obligations
under this Agreement in order to secure to themselves the mutual benefits created under
this Agreement. In that regard,the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement, provided that the
foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the
City's police power or actions of the City when acting in a quasi-judicial capacity.
18. Notices. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a
recognized courier (such as Federal Express) or mailed by certified or registered mail,
return receipt requested, in a postage prepaid envelope and addressed as follows:
If to the City City Manager
at: City of Opa.-Locka
3400 NW 135th Street Bldg. B
Opa-Locka,Florida 33054
With a copy
If to the Owners/Owners
at: SOT Investments
Shawn O'Toole
3051 NW 129th Street
Opa Locka FL 33054
With a copy to: Smith, Currie &Hancock,LLP
Y. Lisa Colon,Esq.
101 N.E. 3`d Ave, Suite 1910
Fort Lauderdale,FL 33301
19. Governing Laws, Construction and Litigation. This Agreement shall be governed and
construed in accordance with the laws of the State of Florida. The Owners/Owners and
the City agree that Miami-Dade County, Florida is the appropriate venue in connection
with any litigation between the parties with respect to this Agreement. All of the parties
to this Agreement have participated fully in the negotiation and preparation hereof; and
accordingly,this Agreement shall not be more strictly construed against any of the parties
hereto. In construing this Agreement, captions, and section and paragraph headings shall
be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and
made a part of, this Agreement. In the event of any litigation between the parties under
this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241, F.S., if state or federal laws are enacted after the execution
of this Agreement which are applicable to and preclude the parties' compliance with the
terms of this Agreement, such Agreement shall be modified or revoked as is necessary to
comply with the relevant state or federal laws
20. Severability. In the event that any term or provision of this Agreement is determined by
an appropriate judicial authority to be illegal or otherwise invalid, such provision shall be
given its nearest legal meaning or construed as deleted as such authority determines, and
the remainder of this Agreement shall be construed to be in full force and effect.
21. Entire Agreement. This Agreement sets forth the entire Agreement and understanding
between the parties hereto relating in any way to the subject matter contained herein and
merges all prior discussions between the Owners/Owners and the City. Neither party
shall be bound by any agreement, condition, warranty or representation other than as
expressly stated in this Agreement and this Agreement may not be amended or modified
except by written instrument signed by both parties hereto and in accordance with
Section 163.3225,F.S.
22. Indemnification. The Owners/Owners shall indemnify and hold harmless the City, its
elected and appointed officials, employees, agents and assigns from and against any
claims or litigation arising from this Agreement instituted by third parties.
23. Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City
shall review the Property subject to this Agreement at least once every 12 months
to determine if there has been demonstrated good faith compliance with the terms
of this Agreement. If the City finds, on the basis of substantial competent
evidence, that there has been a failure to comply with the terms of this
Agreement, this Agreement may be revoked or modified by the City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CITY
CITY OF OPA-LOCKA FLORIDA
ATTEST: By:
City Clerk City Manager
Dated: day of , 2015
Approved for form and legal sufficiency:
City Attorney:
OWNERS/OWNERS
SOT Investments,LLC, a Florida limited
liability company.
WITNESS:
By:
Signature Name: Shawn O'Toole
Title: Manager
Print Name
Signature
Print Name
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
The foregoing instrument acknowledges before me this day of , 2015 by
Shawn O'Toole as Manager of SOT Investments, LLC, a Florida limited liability company, who is
personally known to me or has produced as identification,
and acknowledged that she/he did execute this instrument freely and voluntarily for the purposes stated
herein.
Notary Public, State of Florida at Large
Print Name
My Commission Expires:
EXHIBIT A-PROPERTY
a tS
ra x,«
UTES
PLANNING COUNCIL MEETING
TUESDAY, OCTOBER 6, 2015
ROLL CALL:
The Planning Council of the City of Opa-locka, Miami-Dade County, met in regular session on
Tuesday, October 6, 2015 at 7: 05 p.m. at Sherbondy Village, 215 Perviz Avenue. The following
members of the Planning Council were present: Board Member Elio Guerrero, Board Member
Rose Tydus, Board Member Lloyd Tyler, & Chairman Calvin Russell.
Absent Board Members: Board Member Germane Barnes
Also in Attendance were Community Development Director, Gregory Gay, Zoning Official,
Gerald Lee, City Planner, Josue Leger, Secretary, Kinshannta Hall, and Attorney Yvette Harrell
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: Discussion of Minutes from October 6,2015 Meeting
Chairman Calvin Russell asked if a motion could be made to have the minutes approved from
September 15, 2015 meeting. Board Member Lloyd Tyler made a motion to approve the minutes
from September 15, 2015 meeting and Board Member Elio Guerrero second.
There being no discussion, the motion passed by a 4-0.
Elio Guerrero - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
1 IPr $ t
IV. PUBLIC HEARING:
1. S.O. T. INVESTMENTS
Not Yet Assigned (Mailing address is 3051 NW 129 Street, Opa-locka, FL 33054)
REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY OF
OPA-LOCKA TO CONSIDER THE REQUEST OF S.O.T. INVESTMENTS LLC/
SHAWN OTOOLE FOR SITE PLAN APPROVAL TO CONSTRUCT A 5,000 S.F.
MAINTENANCE BUILDING WITH A 2,000 S.F. OFFICE MEZZANINE, ASPHALT
ACCESS DRIVEWAY FOR 13 CAR PARKING SPACES AND A 611 LINEAL FEE
OF PRIVACY WALL 10 FEET IN HEIGHT ON THE EAST AND SOTH
PROPERTY LINES.
Mr. Leger: Do you want staff to do the presentation first or the applicant?
Chairman: I always want to hear from the applicant, they are the ones requesting services.
Mr. Gay: We have Mr. Shawn O. Toole and his team and they are available to present their
presentation describing what the property is about.
Mr. Leoncio: I'm the architect of the project and my office is at 14511 Rosewood road in
Miami lakes, Florida 33014. We are portioning the site plan approval for 5,000 square feet
maintenance building with a 2,000 square feet office. The side is 21/z acres where we are
planning 13 parking spaces which that exceed by code. The site is surrounded on the west
side of the property with a fence. We are proposing to build a fence required by the planning
department on the south and the east side.
Chairman: That's it?
Mr. Leoncio: Yes, that's it.
Chairman: Any questions?
Member Tydus: To plant trees, will that be according to the city requirements?
2 I P f
Mr. Gay: They will be providing landscaping within certain areas of their properties,
understand that this is in an industrial area. There are a lot of industrial activities in that area. As
far as with the new structures and parking area we have made recommendations that they have
some type of landscaping in those areas. They are viewed as the Public area of the site and
where the actual operation will occur on the site.
Member Tydus: I noticed in one area/document it said 13 required parking spaces, and then in
another one it says 17 parking spaces. Which is it?
Mr. Gay: If we could have one of my staff members come. I think you are looking the
presentation we have that we are proposing.
Chairman: When we finish with the applicant then we will direct the question to the
Community Development Department. If the applicant is finish, we are going to get that
information from the Community Development Department. Does anyone have any other
questions?
Member Tyler: The only question I have, "What is the nature of the business?"
Mr. Leoncio: The nature of the business is asphalt, water, and sewer.
Mr. Toole: I'm the owner of the property through a land whole company. I also own Asphalt
Engineering. We are an asphalt paving contractor. We provide asphalt, and concrete restoration
to various municipalities. We have contracts with North Miami Beach, City of Hollywood,
Tamarac, and City of Pembroke Pines for street repair. This facility is used as a storage facility
for the equipment used to go out every day to do the work. There is no production done on the
site. It is strictly for storage and maintenance of the vehicles.
Chairman: Is it a business already on this site?
Mr. Toole: Yes sir, the same business. We have our office space across the street and I want to
bring my office onto my own property because I'm renting right now.
Chairman: Any other questions?
Attorney: Point of order, "Chairman" Could you ask Mr. 0' Toole to state his name and address
please for the record.
Mr. Toole: My name is Shawn 0. Toole. My address is 1090 Kensington Rd, Hollywood, Fl
33021.
Mr. Gay: Chairman at this time we can make our staff presentation.
3 IP 3
Mr. Leger: We have before you two items tonight but one project. The site does not have an
assigned address. We do have a reference address 3050 NW 129 St and the folio number is 08-
2128-004-0391. The approximately size is 2 acres. As far as the land use it is industrial.
Surrounding the area is I-2 liberal industrial the north, east, and west. However, south the zoning
is "P" for Public. This is just an overall picture and the site is highlighted in yellow. You can
access the property through 127th which is a one way west bound to 30th avenue and north to
129th street and you could head west to 129th street and the property at the end is the site. You
can also access the site from 32❑d ave where you head east bound on 131st street and when you
reach you can go north bound until you reach the site. It is mainly industrial as you can see. As
far as conditions there are existing monitoring wells on the property that may indicate that may
be land contamination on the site, but that is a concern for an agency like "Derm". These are a
few pictures. The first picture to our left is the main vehicular entrance to the site also serves as
an easement. The second picture serves as a pedestrian entrance gate to the site. It shows the
characteristics throughout the neighborhood. The first picture is on 129th and the second picture
again shows a concrete wall business that is on the north side. There are challenges as far as
infrastructure for roads. It has been reported that area floods a lot. I'm sure the City is trying to
resolve these problems in the future. These are a few pictures, which show elements that are on
the property for the applicant. There is an existing office shed as well on the property. Looking
north, the site has a dumpster which is not enclosed. Also rocks, sands are a part of this element
which is needed for this property. There are a few poles within the property; however they are
not up to date. Our recommendations to maybe run the wires underground. There are a few
tanks on the property as well. As far as compatibility, it is neighborhood compatibility. The
proposed structure 5,000 sq ft. with a total floor area of 7,030 sq ft. The parking 17 spaces
including 2 handicap spaces. As far as pint of ingress and egress we want to facilitate prevent
them from traveling within neighborhoods. The fiscal impact is when they are ready after all
approvals the City will see impact fees collected from this property. All recommendations listed
in the staff report. All required licenses, permits from the city or any other applicable agency.
We recommend they provide the City with an Irrigation plan and any recommendations from
Planning Council and City Commission.
Chairman: Parking should be an issue?
Mr. Gay: This is an industrial use, most of their jobs are assigned off to contractors and they go
off of the site on a daily basis. There is not a high demand for parking. They are only required to
provide 5 parking spaces. Due to the planning we are looking at, it may be potential coming
from the public to that site we recommend that they have a higher number. 5 are what they are
required and they are providing more than what they are required.
Chairman: In that area we talking about bringing a lot of big trucks and right off of 32nd right
over 29th/28th you we have a lot of residents. We already have a problem with the road way
and streets. That's a big concern. We already have problems with the streets. The more vehicles
that's in and out right?
4 P e
Mr. Leger: They will be storing parking vehicles to their business.
Chairman: I understand that's their business, to park them there you have to bring them in.
Mr. Gay: Within the plans they have provided an ingress and egress which will not interfere.
32"' avenue will be their major access point. 131st street then turn south on 31st avenue to get
to their property. They will leave the exact same way. They will not go further north to 31St
avenue into the residential area. We do realize that is an industrial area. We are looking to see
how to make some adjustments within the roadway.
Chairman: That's one of the biggest concerns I have. Everything in that area is so close
together. In that area is a lot of apartments and children's. The residents have complained so
many times. I hate that our residents are so compact with the industrial.
Mr. Toole: About six months ago, they did add no through truck signs. We are not the only
business with the trucks. On 30`h avenue they put up a sign and the police was enforcing it.
Chairman: We have to be concerned. Our Community have a lot of children and apartments in
that area. We have to think about their safety. We're always talking about putting in a parking
lot but the streets are not even fixed with those big trucks. I have another concern but I know it's
not proper for this meeting.
Mr. Toole: The second part of this meeting to address 129th street. One of the things apart of my
project is to make a connection to the sewer. I spoke to my neighbors they are willing to
participate in that sewer connection.
Mr. Gay: There are plans to make improvement and they are going through their final phases
now.
Chairman: Thank you for your explanation.
Member Guerrero: Will you be fueling equipment at the site?
Mr. Toole: Yes we currently have two fuel tanks only for diesel. I have on road and off road
tanks. They've been there since 2007 when I brought the property.
Chairman: Is he in industrial 1-2?
Mr. Gay: Yes he is.
Mr. Leger: According to I-2 liberal zoning district with products to a certain amount 10,000
gallons you are subject to some type of requirements.
5 I P + t'
Chairman: We had this issue about the fuel tanks, and we made it clear it is not legal into I-2
zone.
Mr. Leger: As part of your package, quotes liquefied or petroleum products and that section it
talks about tells what they can and can't do. I remember that project you are talking about but it
was a bigger aspect.
Chairman: Fuel is fuel. My understanding from that meeting that it is not allowed in that area
fuel tanks in that area. We are already compact.
Mr. Leger: The aspect is quoted in your documents what is prohibited.
Member Guerrero: So you're saying in this case they fall within the same perimeter?
Mr. Leger: That's correct. If you look at the code.
Chairman: Where should I look at?
Mr. Gay: Let me bring back things in focus, also we do have the DA agreement that is coming
up as the next item.
Chairman: I understand that if the fuel in this area is there. We allow so many things that
shouldn't be and we have to justify.
Mr. Toole: the fueling aspect has been there since 2007. Both tanks are located within
containment facilities. The fuel tanks have been there since 2007 we are not looking to change
the size.
Chairman: I'm concerned,because it's in an I-2. It's not your fault and it's not my fault. Then
we get to this point and it becomes a concern. Any other questions?
Member Tyler: What impact will have as far as public transportation?
Mr. Gay: So there should be no interruptions as far as public transportation.
Chairman: 32nd avenue
Mr. Gay: 135th all the way to the Miami River, I drive it every day.
Chairman: its two lanes on each side. Its four lanes but two on each side. I know what I'm
talking about. It's a real tight situation. It's just congested and to include heavy equipment and
big trucks again its two lanes each direction which is a lot. Any other questions?
Member Tydus: I noticed the irrigation plan is the only thing that hasn't been submitted? Is
there a timeline?
6 I :4 r; L- f'
Mr. Leger: Prior to the Commission Meeting on this particular item everything has to be
submitted by them.
Chairman: Will this be grandfathered in since this business been there since 2007? Mr. Lee is
that the difference?
Mr. Lee: According to the code, it says 10,000 galloon of petroleum and 30,000 of liquefied
petroleum for the then it should be allowed. He's asking for two 500 gallon tanks.
Mr. Gay: He's below the limit.
Chairman: Any more questions? Public hearing is open for anyone who is for or against it.
Okay, Public hearing closed. Can we get a motion?
Member Guerrero: I motion to approve the site plan for S.O.T site plan.
Member Tydus: I second.
Chairman: Can we get a roll call.
There being no discussion, the motion passed 4-0.
Elio Guerrero - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
Mr. Gay: The next item is a companion item that goes over the developer agreement for the same
Project. This is dealing with the developer agreement.
7 I P _, it
2. S.O.T. INVESTMENTS
NOT YET ASSIGNED (MAILING ADDRESS IS 3051 NW 129 STREET, OPA-
LOCKA, FL 33054)
REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY
OF OPA-LOCKA TO CONSIDER THE REQUEST OF S.O.T. INVESTMENTS
LLC/SHAWN OTOOLE FOR A DEVELOPMENT AGREEMENT APPROVAL
TO CONSTRUCT A 5,000S.F. MAINTENANCE BUILDING WITH A 2,000S.F.
OFFICE MEZZANINE,ASPHALT ACCESS DRIVEWAY FOR 13 CAR
PARKING SPACES AND A 611 LINEAL FEE OF PRIVACY WALL 10 FEET IN
HEIGHT ON THE EAST AND SOUTH PROPERTY LINES.
Chairman: So are they going to put up 13 parking spaces or 17 parking spaces?
Mr. Leger: however, when they submit due to notice to advertisement requirement. We
have to generate the title of what they are submitting. Along the way we come across
changes where they made modifications requested by the city and of course we are going
to correct it before it gets to city commission.
Chairman: Any questions?
Member Guerrero: A 10 foot wall as a fence, is there any variance or is it the norm?
Mr. Leger: Within the industrial area any 10 fencing will require to be a masory wall.
Yes, they are doing a wall which is the norm.
Mr. Gay: They are just adding additional walls to be consistent in height througout the
entire property.
Ms. Lisa: Good evening, My office address is 101 Ne 3rd ave Suite 1910 Fort
Lauderdale, Florida. I represent S.O.T. and Mr. Shawn O. Toole and the Project. I've
already proposed the Developer Agreement to staff I havent received comments back but
I wanted to let council know that I will be the one drafting and helping the Project or any
question that may arise.
8 I P
Chairman: Why havent you all responded? I'm just playing, you have to have a Little
humor to get done with this. Any other questions?
Mr. Toole: Just so you can understand what's going on, 129th street was never
dedicated, the south side was never dedicated. and part of my Project is to give the city
my south half aloing my property front and coming up with an agreement to deed this
property
Chairman: Once you give it to the city are they responsible for keeping it up?
Mr. Gay: The portion of the property will be given to the city and it will become the city
responsibility. There are several areas where hasnt been dedications of right aways. We
are going through the process now and with the proper drainage so they are meeting those
particular requirements so that when the Project is scheduled to take place we will not
have to go another step.
Chairman: Who does the property belong to?
Mr. Gay: Sometimes it's owned by one property owner and sometimes the property
owner across the street. There are alot of areas where dedications hasnt taken place.
Chairman: Ms. Evette is that good practice?
Attorney: From a practical stand point, what I understand is that we dont have the right
authorizaton to do so because it doesnt belong to us. The applicant is going to give us
what we need in order to address the concern. To answer your question, they are doing
us a favor by giving us the property.
Member Guerrero: How many other property owners? Will it done eventually?
Attorney: There are several property owners, alot of time we are able to get them to
agree and sometimes they don't agree. If we need to have the property we can take it but
it is more easier economically if the owner gives it to us.
Chairman: Any other questions? Public hearing open, Okay Public hearing Closed."
Can I get a motion?
Member Guerrero: I motion to approve the developer's agreement.
Member Tyler: I second.
9 IP pe
There being no discussion, the motion passed 4-0.
Elio Guerrero - Yes
Rose Tydus - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
10 I `' r.
STAFF UPDATE
VI ADJOURNMENT
Chairman Russell adjourned the meeting at 8:00pm.
11IPaE
Submitted by
Kinshannta Hall
Planning Council Clerk
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
12Irae, t,
13IPaga
October06th Qa.1_ochr.
PLANNING `• s ,!,
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COUNCIL �eR ��
IArrow Asphalt / SOT Investments: Site Plan Staff Report
APPLICANT'S REQUEST:Site plan approval request for the construction of a maintenance
building,office,asphalt access driveway,and parking lot for SOT
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City of Opa-locka I Planning and Community Development Department
Page 2 of 16
Table of Contents
Site Background 3
Project details & Overall Analysis 4
Comprehensive Plan 10
Land Development Regulations 11
Project Need Assessment/ Other Required Approval 12
Development Review Committee 13
Staff Recommendations 14
Attachments 14
City of Opa-locka Planning and Community Development Department
I. Site Background
• Legal Description
According to the Submitted Survey by Martinez & Martinez enterprises, Inc. the subject
Property's legal description is as follow:
LOT 23,LESS THE EAST 340 FEET, AND LESS THE NORTH 15 FEET THEREOF, OF "NILE GARDENS SECTIONS
I AND II ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 31 AT PAGE 42 OF THE
PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.
• History
The subject property is located between the intersection of NW 129 Street and NW 31" Avenue.
This particular property does not have any address identification assigned to it as of now. However, as
per city record development order I permits pulled in the past for the subject property contained or have
identified the property as 3050 NW 129 Street according to the permit cards. Currently the subject
property is being utilize as a staging, storage area for trucks and asphalt aggregate material affiliated
with an office located at 3051 NW 129 Street, Opa-locka, Florida 33054:which is adjacent to the north
of the subject property and possessed an occupational license classified as a Business Office since the
year 2007- Present. Also with an up to date Certificate of Use (CU).
A variance for a chain link fence in place of a CBS Wall was approved back in 1989: ZBA
Resolution # 89-15
II. Project Details & Overall Analysis
• Applicant's intent
Main administrative office use, maintenance and storage of Arrow Asphalt equipments, and trucks.
te
Ca thins &° ,
Folio Ntimber 08-2128-004-0391
Pr k SOT Investments
Shawn Otoole
Property Address - Not yet assigned(see application for applicant's mailing address)
Address will be assign(3050 NW 129 Street)
Building(8)FoolPrint,
- Maintenance Shop Area: approximately 2,970 Sq. Ft.
- Other(office use)Total:approximately 2,030 Sq. Ft.
- Total Bldg.footprint:5,000 Sq. Ft.
pi Area -oor
Maintenance Shop Area:approximately 2,970 Sq.Ft.
•
eath
Other(office use)Area:approximately 4,060 Sq.Ft. (2,030 sq.Fw Floor)
- Total floor area:approximately 7,030 Sq. Ft.
. _ n _ Liberal Industrial (1-2)
Yes:the Proposed use is consistent with the provisions of the said Zoning District.
Land ..US. Industrial
industrial
The Proposed project is consistent with the Comp. Plan goals, objectives and the
t�Nw
FLUM industrial designation area and provisions
Ordinance no.86-8,Article;4.4,4.16,5.1,7,8,6.11
City of()pa-locka I Planning and Community Derelopment Department
Page 4 of 16
ordinance no.
14-16
REQUIRED PROPOSED COMPLIANCE
SET BACKS/YARD
Any R.O.W line of °any 15 feet 110 Yes
ublic street
Rear N/A 80
Side At least 7 feet when bordering a Approximately 200 feet Yes
public alley (Bldg./Slab Structure
from existing easement)
Corner Lots/Other N/A N/A N/A
Lot Covers_e kti*..} , No more than 75°%o Approximately 70% Yes
kelt Den,* N/A N/A N/A
Lot Size 10,000 Square Feet 83,336 Sq.Ft. Yes
Lot Width N/A N/A N/A
Building Height 3 stories or 45 feet whichever is 31-6(feet) Yes
less
Structure ; N/A N/A N/A
other�� N/A NIA N/A
La
Parking Details 5 spaces 17(including 2 handicap Yes
spaces)
it err' _ i ` Plans required Not yet submitted No
Landscape!' Minimum 15% Approximately 30%of Yes
Cove .9 unimproved dirt area
Notification Requirement$t This request will be properly noticed pursuant to state law and city charter by the city
clerk*s office.
- A copy of notice for advertisement titles were given to the Clerk's Office on
September 16,2015.To be advertise at least 10 days prior to this Planning
Council meeting on Tuesday,October 6,2015.
City Commission Meeting.TBD
Gouernlmlt Action The City Commission must review this site plan and consider approval/disapproval
r3F after it is reviewed by the Planning Council and any other applicable board or
agency.
City of()pa-locka I Planning and Comnnutiity Development Department
Page 5 of 16
Existing Conditions:
Within the Site:
- Dilapidated different heights perimeter wall section: North and West of the property
- Unmaintained entry door&metal gate within existing north perimeter wall
- Poor condition of wood utility poles, and metal light pole
- Covered concrete Slabs
- Open work space within covered concrete slab area
- Metal container(round shape tank above ground for Diesel)
- Multiple sheds
- Office
- Area dedicated for asphalt aggregate material, sands, rocks, dirt, etc.
- Heavy equipment machines (scattered around)
- Parking (east edge of the property)
- Rough asphalt pavement
- Monitoring wells as indicated in the survey
- 15 feet easement(west edge of the property)
- Water Hydrant within the existing easement area of the property
- Plastic container placed on top of palettes possibly containing petroleum
City of Opa-locka I Planning and Community Development Department
Page 6 of 16
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City o")pa I Planning and Commwiity Developnieut Deparinent
Page 8of 16
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City of ()pa-loeka I Planning and Community Development Departnment
Page 9 of 16
Surrounding Characteristics of the Site:
- Inadequate Infrastructure: substandard roads, inconsistencies between road types, level of Service (L.O.S) and
high intensity Zoning or permitted uses;
- Limited access point of ingress and egress for Industrial traffic circulation within the area
- Most existing traffic path leads to residential neighborhoods within the area
- A significant amount of existing traffic path, roads, and public right of ways (ROW) are encroached, obstructed by
private properties within the area
- Major flooding issues reported within the area
�a `
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Surrounding Land Use and Zoning: Table 2
_ ... . _ .. Land �-
Location
North* ,; Industrial-Great Waste storage yard Industrial 1-2
Public(Civic)-Miami-Dade County Water&Sewer Public(Civic) P
East Industrial-Waste Services of Florida Inc. Industrial 1-2
W Industrial- Instant Storage Industrial 1-2
City of()pa-locka I Planning and Conimunily 1)ci,ck pnienl Department
Page 10 of 16
Ill. Comprehensive Plan:
• Future Land Use: the Future Land Use Map (FLUM) designation for this site is industrial
Findings:
• The proposed project is located within the City's Industrial land use designation area.This is consistent
with the designated land use.
General Character/Neighborhood Compatibility: The proposed development use will be in Harmony with the
general character of the surrounding neighborhood considering population density,design, scale, and bulk
of any proposed new structures, intensity and character of activity, traffic and parking conditions?
Findings:
• The subject property is located north of a property designated for public(civic)use. However,the general
characteristics surrounding the subject property is heavy industrial as indicated within the surrounding land use and
zoning:table 2 above.
Transportation:
This industrial area is challenged with the inadequacy of the existing substandard roads, above ground and
underground infrastructure, industrial vehicular traffic pathways passing through residential neighborhoods.
Findings:
• The applicant has submitted a traffic impact statement made by the architect of record for this project
indicating the feasibility of not increasing any impact as it relates to this proposed development. However
the statement does not address the route to be taking by the applicant truck or industrial machinery as
point of ingress or egress from and to the site.
Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE
NO.10-03
Findings:
• As a part of this proposed development trees will be planted
• No indication of any tree removal
City of Opa-locka I Planning and Community Development Department
Page 11 of 16
IV. Land Development Regulation
Surrounding Zoning Designation Map
IMO Y
R-3(Moderate Density i
/z/ /z/0,111111100.11111111111111 11111
6,y
••ral Industrial
I-2(Liberal Industrial
• i
I-2(Liberal
1-2(Liberal Industrial) Site Industrial) �; t
P(Public)
1-2(Liberal Industrial)
• 1-2 (Liberal Industrial)Zoning allows all 1-1 (Limited Industrial) Permitted Uses: Project Specific: SOT
investment Site Plan.
Prohibited uses:
- Asphalt Manufacture or refining
- Asphalt Paving Plant
- Asphalt storage liquid or solid
Findings:
• According to the City's Land Development Regulation/Zoning Code I-1 (Limited Industrial)
which all permitted uses are also allowed in the I-2 (liberal Industrial) Zoning District.
• Arrow asphalt is an Asphalt company that will only use the subject property for their main
administrative operations office and storage of their vehicles/trucks and heavy duty equipment.
■ No storage of any products/byproducts or articles related to the daily nature of Arrow Asphalt
business is allowed on site.
Fence: All storage yards for materials or company vehicles to be completely screened from offsite view
by a masonry decorative block wall at least six(6)feet high.
Findings:
• The subject property had obtained a variance for a chain link fence in place of a CBS Wall.
This chain-link fence variance was approved hack in 1989: ZBA Resolution# 89-15
Ctly of(spa-locka Planning and Conmumity Development Departmcut
Page 12 of 16
• However the applicant is proposing to replace the only remaining existing chain-link
fence on the east and south edge of the property with a 10'-0 (feet) high C.M.0 masonry
wall as per the site plan. This will prevent any offsite view of the activities within the
site.
Petroleum Products:
Storage tanks for petroleum products,other than liquefied petroleum gas. There shall be no more
than two(2)tanks, each of not more than ten thousand(10,000) gallons capacity, on any lot or parcel of
land. Said tanks and adjacent structures shall meet the requirements of the National Board of Fire
Underwriters, and each tank shall be surrounded by an un-pierced firewall or dyke of sufficient
dimensions to contain the maximum capacity of the tank with an additional margin of fifty percent(50%)
for safety.
Storage of liquefied petroleum gas, commonly known as bottled gas, in containers with a
capacity not exceeding thirty thousand(30,000) gallons, provided the storage and handling thereof
conforms to the requirements of the National Board of Fire Underwriters. No wall or dyke shall be
required.
Findings:
• Non-tax diesel (2 tanks of 500 gallons each) for construction equipment is being utilize for the
applicant's equipment and stored onsite according to the applicant.
• Based on staff investigation analysis. Staff had taken pictures as proof of this tanks anchored on
site. However, staff has yet to receive any proof of City and/or other required agency approvals of
the tanks on the site.
Dumpster:
All trash and garbage containers shall comply with the City's dumpster enclosure requirements.
Findings:
• Currently, the dumpster onsite is placed on the property without proper enclosure. Therefore it is
not in compliance with the dumpster enclosure requirements.
• The applicant has proposed to comply with the city's dumpster enclosure requirements as
indicated in the site plan.
• Community Comments/Petitions:
As a part of being transparent and inclusive, promoting strategic planning best practices throughout the
development approval process citywide.The Planning and Community Development asked for the
applicant to submit neighborhood petition forms to the immediate adjacent properties in effort to identify
any possible objections in regards to this project proposal.
Findings:
• The applicant submitted to staff copies of the neighborhood petitions with their letter of intent
attached that was submitted to adjacent/surrounding property owners or businesses.
V. Project Need Assessment/ other Required Approvals
1. Comprehensive Plan Amendment(Small or large Scale): Land Use Change(Map Amendment);
subject to the Department of Economic Opportunity(DEO) Review.
• Findings: No
2. Land Development Regulation/Zoning Code Text Amendment
• Findings: No
City of Opa-locka I Planning and Coninnmity Development Department
Page 13 of 16
3. Rezoning/Zoning Change/Zoning Map Amendment:
• Findings: No
4. Site Plan
• Findings: YES: Application submitted for Planning Council Meeting(this meeting) Tuesday,
October 6, 2015
5. Development Agreement/Restrictive Covenant
• Findings: YES: Developer's Agreement
6. Zoning Board of Appeals
• Findings: No
VI. Development Review Committee (DRC): Meeting Review Comments
1. Capital Improvement Project (CIP) reviews:
• Findings:
2. Building reviews:
• Findings:
3. Police reviews:
• Findings:
4. Community Redevelopment Agency (CRA):
• Findings:
5. City Manager's Office (CMO):
• Findings:
6. Code Enforcement:
• Findings:
7. City Attorney's Office:
• Findings: Development Agreement under review
8. Public works:
• Findings:
9. Inter-jurisdictional Review: Department of Environmental Resources Management(D.E.R.M.)
• Findings: not yet received
City of Opa-locks I Planning and Community Development Department
Page 14 of 16
VII. Staff Recommendation:
• All required and necessary information including landscaping elements must be tabulated on the
site plan. add north arrow to the site plan
• All drainage plans,building plans must reflect the proposed site plan.
• All signage shall comply with the City's Sign Code Ordinance no. 14-16;
• All landscaping and parking areas must be provided and maintained as shown in the Site Plan;
• Irrigation plans reflecting all proposed landscape areas shall also be submitted
• Compliance with resolution 5058, fare share agreement;
• Extend employment opportunity to City residents through the City's Human Resource dept. and
the Opa-locka workforce;
• Maintain 100% the use,function, or any recommendation the planning Council Board deem
necessary for the SOT Investment site plan and or not limited to the provision of satisfying all
other city's land development code pertaining to the site, landscape and structures;
• All trash &garbage containers shall comply with the City dumpster enclosure requirements;
• The Development Agreement or Restrictive Covenant shall specifically address the daily
operation,business,hours of operation,behaviors and any other requirements set forth by the
State, the City's Land Development Code,Planning Council Board and the City Commissioners
for this proposed SOT Investment site plan;
• The applicant must amend their traffic impact statement to include the following: the point of
ingress and egress to be taken by the applicant's industrial vehicular traffic path from the subject
property shall be only; from the site: NW 31st Avenue North bound to NW 131st Street then West
bound on NW 131St Street to NW 32nd Avenue;
• The applicant must amend their traffic impact statement to include the following: the point of
ingress and egress to be taken by the applicant's industrial vehicular traffic path to the subject
property shall be only; to the site: coming from only NW 32nd Avenue, East bound on NW 131St
Street to NW 31st Avenue,then South bound on NW 31St Avenue until reach to the subject
property.
• Main administrative and operation facility for the corporation at this site will include
only the office operation, company vehicle repair, and storage of equipment for S.O.T.
Investment/Arrow Asphalt
• No waste products, by-products or products that are similar and or related to the daily nature of
operation of the vehicles/trucks, equipments of SOT Investment, Arrow Asphalt and or any other
similar entity offsite operation (s) (including construction, land clearing and demolition debris,
recycling products/materials, asphalt, paving, asphalt materials) be transported nor stored at this
property: the legal description of which is mentioned above and identify by folio no. 08-2128-
004-039 I
VIII. Attachments:
• Site Plan
Planning and Communit Development Department
ite
Project Planner Josue Leger,City Planner
zoning Gerald J.Lee,Zoning Official
City of Opa-locka I Planning and Community Dceclopntcut Department
Page 15 of 16
Approved by I Gregory D.Gay,Director
Planning and Community Development
City of Opa-locka I Planning and Community Development Department
The Following changes/recommendations are u dates based on the Planning Council Meeting
discussions in regards to the proposed
City of Opa-locka I Planning and Community Development Department
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