HomeMy Public PortalAbout16-9140 Request for Academy Bus for Developers Agreement Approval Sponsored by: City Manager
RESOLUTION NO. 16-9140
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA TO CONSIDER THE REQUEST OF ACADEMY
BUS, FOR DEVELOPER'S AGREEMENT APPROVAL TO
CONSTRUCT AND OPERATE THE FOLLOWING: A 6,000 SQ.
FT. OFFICE BUILDING, EMPLOYEE PARKING, A 12,400 SQ.
FT. BUS GARAGE, AND 150 OPEN BUS PARKING SPACES AT
PROPERTY IDENTIFIED BY FOLIO NO. 08-2129-018-0010;
PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, The property described herein is zoned I-3, Industrial Planned District;
and
WHEREAS, On May 5, 2015, the City of Opa-locka, Florida Planning Council
recommended approval of the application of Academy Bus Developer's Agreement
to construct and operate the following: a 6,000 sq. ft. office building, employee
parking, a 12,400 sq. ft. bus garage, and 150 open bus parking spaces at property
identified by folio no. 08-2129-018-0010; and
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 Academy Bus.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY
COMMISSION FOR THE CITY OF OPA LOCAK, 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 Academy Bus final Developer's Agreement approval to construct and
operate the following: a 6,000 sq. ft. office building, employee parking, a
Resolution No. 16-9140
12,400 sq. ft. bus garage, and 150 open bus parking spaces at property
identified by folio no. 08-2129-018-0010, consistent with the Developer's
Agreement, Site Plan, Staff Report and Planning Council's recommendation
attached hereto as "Exhibit A."
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 13th day of January, 2016.
,-
yra Taylor
Mayor
Attest to:
0 4L--,
Joa1 a Flores
City Clerk
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
Moved by: VICE MAYOR HOLMES
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 5-0
Commissioner Kelley: YES
Commissioner Pinder: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: YES
Mayor Taylor: YES
20ND NEIGHBORS SUNDAY JANUARY 3 2016
MIAMIHERALD.COM
os
11 Days of Food&Wine in Key Largo&Islamorada
Uncork... FOOd CITY OF OPA-LOCKA, FLORIDA
the KEY LARGO Q, Wine NOTICE TO THE PUBLIC
& ISLAMORADA WI F E S T I VA L
NOTICE IS HEREBY GIVEN that Wednesday,nes aauaCommission 3 the 6 at 7:00 0dm.in the Auditorium will hold pubo hearings,215
Regular Commission Meeting on Wednesday,January 13,2016 at 7:00 p.m.in the Autlitorium at Sherbondy Village,215
President Barack Obama(Perviz)Avenue,Opa-locka,Florida to consider the following items:
th th SECOND READING ORDINANCES/PUBLIC HEARINGS:
January 7t
2016 11-17 1- OF ORDINANCE NO.5-16,0 EATING 11-OF THE CITY 17(A)AD ADDING AONOTICE OF REQUIREMENT EQUIREMEENT O THE ICITY AND THE
NUMBER OF TIMES A PROPERTY OWNER MAY CALL REGARDING ILLEGAL OR UNPERMITTED DUMPING TO
lug International Chef Exchange ift , 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(D),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
._ EFFECTIVE DATE(first reading held on November 12,2015).
• Cooking Demonstrations , RESOLUTIONS/PUBLIC HEARINGS:•
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
C BUILDING WITH A 2.000 S.F.OFFICE MEZZANINE,ASPHALT ACCESS DRIVEWAY FOR 17 CAR PARKING SPACES
• Lobster&Seafood ra
rd 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 Nt5 FT LOT SIZE 93336 SO FT 0E116546-0728 1094
• Mixology&Craft Beers DA E. 25566-4718 04 2007 1.PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE ng
• Martinis&Margaritas A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF S.O T.
c INVESTMENTS LLC/SHAWN OTOOLE FOR DEVELOPER'S AGREEMENT APPROVAL TO CONSTRUCT A 5,000 S.F.
• Celebrity Chefs SaturdayJan.16 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 FEET IN HEIGHT ON THE EAST AND SOUTH
11am-4pm PROPERTY LINES AS PROPOSED,ON PROPERTY WITH FOLIO NO.08-2128-004-0391 LEGALLY DESCRIBED AS:
Pelican Cove Resort,Oceanfront 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
The Upper Keys,Key Largo and OR 16546-0728 1094 4 COG 25566-4718 04 2007 1.PROVIDING FOR INCORPORATION OF RECITALS:PROVIDING
Islamorada will transform for 11 days... Mile Marker 83.5 in Islamorada FOR AN EFFECTIVE DATE.
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 PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28TH S 87 DEG W 2SFT N 01 DEG W 1198.27FT SELY
step up to the plate'to present a AD 135.88FT 501 DEG E 1064.81 FT TO FOB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
565 Gen.Admission OR 22784-2048 1004 2;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
multitude of tasty food,w
ty fdine S90VIP 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 510 A 6,000 SO.FT OFFICE BUILDING,EMPLOYEE PARKING,A 12,400 SQ.FT.BUS GARAGE,ANC 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
Miami culinary evening... The Key y,i k, ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A IN SEC 28 TH S 87 DEG W 2SFT N 01
pop-up ry 9 Florida K " 1`"6" DEG W 1198.27FT SELY AD 135.88E7 S01 DEG E 1064.81E7 TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
there is something for every taste, OR 22784-2048 1004 2;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
and every budget. &KeyWest ISJdI 1 I.�.i
ry g spume• Islamoldda 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 laser than seven(7)
f www.FloridaKeysUncorked.co ill G days prior to the proceeding.If hearing impaired,you may telephone the Florida Relay Service at(800)955-8771(TTY).
(800)955-8770(Voice),(877)955-8773(Spanish)or(877)955-8707(Creole).
The TLS PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency.or commission
Rf PU B UI(N4110\f f :iiw:•n l he r u soto.i., With respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that
I11S IRI11111151,I11AINN1 •7 - 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.
REMIER
P„'uv :�„ Sj NE j. DEe
JOANNA FLORES,GMC
CITY CLERK •
OQp,-LOCk4..,..
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APORni E�.
City of Opa-Locka
Agenda Cover Memo
C
Ofter
Item Type:
ommission .° v. .. �
Meeting Date: November 11, 2015 (EnterXin X
box)
Ordinance Reading:
(Enter X in box) .
Fiscal Impact: " af.
ra
(EnterXin box) t 1 . _; a r
X Public Hearing: E
(EnterXin box) X X
•Funding Source: (Enter Fund& Dept) Advertising Requirement: "
N/A N/A (Enter X in box) X
Contract/P.O.
Required: X RFP/RFQ/Bid #: N/A
(Enter X in box)
. � � Strategic Plan Priority Area Strategic Plan
Obj./Strategy:
Strategic Plan Enhance Organizational 0
Related Bus. & Economic Dev • N/A
(EnterXin box) X Public Safety D
Quality of Education
Qual. of Life & City Image•
Communication CI
Sponsor Name City Manager Department: Community Development
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A resolution of the City Commission of the city of Opa-locka to consider the request of Academy bus, for a Development
Agreement approval for the new construction and operation of the following: a 6,000 sq. ft. office building, employee
parking, a 12,400 sq. ft. bus garage, and 150 open bus parking spaces at property identified by folio no. 08-2129-018-
0010.
1,
The applicant requested information concerning the permitted uses for this site within the City's Municipal Boundary.
Staff provided documents pertaining to permitted uses as well as other documents underlining other additional
requirements specifically for the 1-2 zoning district and dates for the proposed new development for application
purposes. The applicant then informed staff that they planned to utilizes the property as their central base of operations
for South Florida. The applicant's proposed use of the subject property will consist of a 6,000 square feet office building,
1
employee parking, a 12,400 square feet bus garage/maintenance building and 150 open parking spaces for their buses.
The subject property is approximately 366,165 SF (8.4 acres) and located at the most western point of NW 123rd Street
which runs perpendicular into the railroad with the subject property on the north side of the street. During the month of
March, 2015, staff met with the applicant's Attorney to discuss the proposed project Development Agreement and set
forth criteria/requirements agreed upon. The applicant submitted a Planning Council application for a Development
Agreement approval request on March 20th, 2015. The Development Agreement includes languages required by State
Statutes and other language agreed upon between the City and the Developer(s) and or Owner(s) as discussed prior
to the application submittal. This request was properly noticed pursuant to state law and the City Charter Code by the
City Clerk's Office for public hearing notice of advertisement. This request was presented to the Planning Council on
May 05th, 2015. At this meeting, the Planning Council recommended approval of this Development Agreement along
with other requirements provided by city Staff, Planning Council and the City Commission and or are not limited to the
following: Compliance with resolution 5058, fare share agreement, employ City of Opa-locka residents during
construction phase and post construction phase (Please see Development Agreement for more details).
• The Planning Council recommendation for approval of this Development Agreement was approved by a 5-0
vote with all other requirements recommended by Staff, Planning Council, and The City Commission. (see
attached resolution)
Staff has recommended approval for this project site plan
Planning Council Application: Development Agreement
Site Plan Staff Report
Planning Council Meeting Minutes 05-05-2015
Attached Architectural Site Plan
Development Agreement
Signed Resolution
2
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O9pORGt f-� .
Memorandum
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence K. Pinder, Commissioner
Joseph L. Kelley, Commissioner
Luis B. Santiago, Commissioner
FROM: Roy Stephen Shiver Jr., City Manager
DATE: November 11, 2015
RE: A resolution of the City Commission of the city of Opa-locka to consider the request of
Academy bus, for a Development Agreement approval for the new construction and
operation of the following: a 6,000 sq. ft. office building, employee parking, a 12,400 sq. ft.
bus garage, and 150 open bus parking spaces at property identified by folio no. 08-2129-
018-0010.
Request:
A resolution of the City Commission of the city of Opa-locka to consider the request of Academy bus, for a
Development Agreement approval for the new construction and operation of the following: a 6,000 sq. ft.
office building, employee parking, a 12,400 sq. ft. bus garage, and 150 open bus parking spaces at
property identified by folio no. 08-2129-018-0010.
Description:
The applicant requested information concerning the permitted uses for this site within the City's Municipal
Boundary. Staff provided documents pertaining to permitted uses as well as other documents underlining
other additional requirements specifically for the 1-2 zoning district and dates for the proposed new
development for application purposes. The applicant then informed staff that they planned to utilizes the
property as their central base of operations for South Florida. The applicant's proposed use of the subject
property will consist of a 6,000 square feet office building, employee parking, a 12,400 square feet bus
garage/maintenance building and 150 open parking spaces for their buses. The subject property is
approximately 366,165 SF(8.4 acres) and located at the most western point of NW 123rd Street which runs
perpendicular into the railroad with the subject property on the north side of the street. During the month of
March, 2015, staff met with the applicant's Attorney to discuss the proposed project Development
1
Agreement and set forth criteria/requirements agreed upon. The applicant submitted a Planning Council
application for a Development Agreement approval request on March 20th, 2015. The Development
Agreement includes languages required by State Statutes and other language agreed upon between the
City and the Developer (s) and or Owner (s) as discussed prior to the application submittal. This request
was properly noticed pursuant to state law and the City Charter Code by the City Clerk's Office for public
hearing notice of advertisement. This request was presented to the Planning Council on May 05th, 2015. At
this meeting,the Planning Council recommended approval of this Development Agreement along with other
requirements provided by city Staff, Planning Council and the City Commission and or are not limited to the
following: Compliance with resolution 5058, fare share agreement, employ City of Opa-locka residents
during construction phase and post construction phase (Please see Development Agreement for more details).
• The Planning Council recommendation for approval of this Development Agreement was approved
by a 5-0 vote with all other requirements recommended by Staff, Planning Council, and The City
Commission. (see attached resolution)
Financial Impact:
There are no immediate financial impacts associated with approval of this site plan; however, once site and
building improvements are completed, the City will realize enhanced tax revenues, franchise fees, impact
fees, and building permit fees.
Implementation Time Line:
Immediately
Legislative History:
Ordinance 86-8
Planning Council Recommendation:
Planning Council recommendation for approval passed by a 5-0 vote.
Staff Recommendation:
Staff has recommended approval of this Project.
Attachment(s)
Planning Council Application: Development Agreement
Site Plan Staff Report
Planning Council Meeting Minutes 05-05-2015
Attached Architectural Site Plan
Development Agreement
Signed Resolution
Prepared By: Josue Leger, City Planner
Gerald Lee, Zoning Official
Gregory Gay, Director
Planning and Community Development Department
2
Received:
By:
« it (ThI;), e «r,G I Date:
p i.oc4
o_O
41 6)/(0 (/
: (r`/2j r •(i ,'ia
; o,'«i
PLANNING COUNCIL APPLICATION
APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED:
PROPERTY OWNER'S NAME: FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC
PROPERTY OWNER'S ADDRESS: 111 PATERSON HOBOKEN NJ 07030
Number/Street City State/Zip Code
David Lehmkuhl
APPLICANT'S NAME:
APPLICANT'S ADDRESS: 111 Paterson Avenue Hoboken NJ 07030
Number/Street City State/Zip Code
PHONE NUMBER: OFFICE 201-725-5328
HOME OTHER
SUBJECT PROPERTY ADDRESS:
Number/Street
30-219-018-0010
TAX FOLIO NUMBER: 08-219-018-0010 PRESENT ZONING: Liberal Industrial Zoning]
LEGAL DESCRIPTION: see Attached
Please check specific request:
Tentative Plat
Final Plat
_Comprehensive Plan Amendment
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 Exception—No Plans
Special Exception—With Plans
X Other—Please specify: Developer Agreement
Add any additional information that may be of importance to this request:
Reference to Ordinance 13-08
Section 4.13 and 4.4
,
Received:
By:
Date:
Page 3 of 5
PLANNING COUNCIL APPLICATION
(Checklist)
Applications will not be accepted without the following data. For a public hearing, all items below are necessary
and must be submitted.
x Completed application form
x Application fee payable to the City of Opa-locka by check or money order
x Copy of property owner's and/or applicant's driver license/photo I.D.
x Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized)
x A completed Neighborhood Petition form (attached) with the signature of each property owner in front, rear,
left and right of his property showing they have no objections to the project(name,address,phone number).
x All preliminary and final site plans, along with property survey, must be submitted on CD-Rom disc in Cad
format
x Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches)
x Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and
parking in accordance with the City's zoning ordinance;(size 36 x 24)
x Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of said
parcel. Map to be 1" = 100" scale. Owner's name, address, folio number and legal description on each parcel
(Original and 2 copies size of document to accommodate scale)
x Narrative concept to be submitted with application
AFFIDAVIT
I, A -C) L�rY+ECLta.2 being first duly sworn, depose and say that I am the OWNER of the property ,and I
understand that thi pplicatio must be compl a and accurate before a public hearing can be advertised.
.__.1.,,--' -1,-- L ,
Signature
J IN 1 i f'S
Date
Sworn to and subscribed before me:
This day of 76iliixc, AC7/1-;
L, =...e ,, My commission expires
N¢taryP uu iluu ilc
Attach copy of identification
JEANINE LEONE
NOTARY PUBLIC OF NEW JERSEY
COMMISSION EXPIRES
Reference to Ordinance 13-08 JANUARY 18,2016
Section 4.13 and 4.4
Received:
By:
Date:
Page 4 of 5
PLANNING COUNCIL APPLICATION
POWER OF ATTORNEY
This form is to be attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning Council unless a notarized copy of this Power of Attorney is submitted.
To: City of Opa-locka
From:
Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property
owner's behalf).
I i;4 .7 !_ v 4-� ,being first duly sworn,depose and say that I am the owner
of the property legally described as:
Tract "A" of "Tenth Addition to Seaboard Industrial Park", according to the plat
thereof. recorded in plat book 158, page 44. public records of Miami-Dade County. Florida
I do give toBercow Radell & Fernandez, PA (Graham Penn)the power of Attorney and authority to speak in my
behalf in reference to the above described property. Further, by affixing my notarized signature to this document, I also
authoriZeBercow Radell & Fernandez, PA (Graham Peegotiate and commit to the City Commission and City
c_A.dministrati.,in my behalf I wil abide by all final determinations of the City Commission and City Administration.
Signature
r 1 :�
Date
Sworn to and subscribed before me:
This 45— day of/// . , o'/2/
(1/4 ,4....-01,4,i^t-v My commission expires:
N6 ry Public
JEANINE LEONE
Attach copy of identification NOTARY PUBLIC OF NEW JERSEY
COMMISSION EXPIRES
JANUARY 18,2016
Reference to Ordinance 13-08
Section 4.13 and 4.4
CITY OF OPA-LOCKA„ FLORIDA • 328
COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT
CUSTOMER'S.RECEIPT /ea 20
Code N•
Received of Si A./0 AZIMIX/r
3
Address MK Waal 471 I
Description 1111110=1719/e. I
/ Doll
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City of OPe-locka.Florida Cashier
WHITE— Customer Copy YELLOW--Office Copy PINK— Department Copy
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RECVD ELIZA:02T
=' YOR FERSEN '`ARTR
REGISTER 34TE:; [13/19./lt
TiLE:CRIPTION
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Property Search Application- Miami-Dade County
Summary Report
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Property Information :
1Folio: 08-2129-018-0010
j Property Address: r
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FRANMAR PROPERTIES OF { f ,j +' , �' ,�,.•
Owner
SOUTH �,� ' •,-�Z ,.i ,�I
FLORIDA LLC 1; G ,' .` 11 9
111 PATERSON AVE O
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IMailing Address _.�
HOBOKEN,NJ 07030 •
Prima Zone E `;"" , ar44,......--i'
ry 7300 INDUSTRIAL-HEAVY MFG I ;
-
I 4081 VACANT LAND-INDUSTRIAL: r " C;1 i"
Primary Land Use7.
VACANT LAND t,
+
� r.°v
.„ 1 ,.;`4,, 1 4Y ■f ,Beds I Baths I Half 0/0/0 i `�` ,, ,. N' 441;W:,0
9
id. '
s r f ` I I "�fq Tj rLiving Units 0 l y y
Y p >C ,Actual Area 0 Sq.Ft r} � V m l al P i aphY
I . uk,ain. ' , a
1(
"Living Area 0 Sq.Ft
Adjusted Area 0 Sq.Ft ,Taxable Value Information
'Lot Size 337,304 Sq.Ft ' ..
1 I 2011441 1 . m 201;
'Year Built 0 County
. .'.—_—_ " _ -- -- Exemption Value $0
Assessment on Informati
format ._,� ... �.. Taxable Value $897,901 $816,274
Year 2014 2013 2012
i School Board
'Land Value $2,023,824 $1,686,520 $1,686,520
'Exemption Value
'Building Value $0 $0 $0 � $0 $C
Taxable Value $2,023,824 $1,686,52C
XF Value $0 $0 $0
_.._._ _ _ City
Market Value $2,023,824 $1,686,520 $1,686,520 ,Exemption Value $0'
'Assessed Value $897,901 $816,274 $742,068 'Taxable Value $897,901 74
$816,274
Benefits Information
I Regional
'Benefit Type — — .= 2014—...2013-r v 2012! l Exemption Value $0 $0
Taxable Value $897,901
Non-Homestead Assessment I $816,274
Cap Reduction j — —
1,125,923 $870,246 $944,452
Sales Information
(
1Note:Not all benefits are applicable to all Taxable Values i.e. County, �-
School Board,City,Regional). Previous OR Bool:-
Price
Page Qualification
- — Sale
'Short Legal Description _ —.__ -. — ---1 105/09/2014 $2,825,000 29211-3339 Qual on DOS,mutt,
10TH ADDN TO SEABOARD IND PARK 10/01/2004 $2,000,000 22784-2048 Qual by verifiable&
PB 158-44 evidence
TR A LESS BEG SE COR OF TR A
IN SEC 28 TH S 87 DEG W 25FT
N 01 DEG W 1198.27FT SELY AD
The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The P
and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.gov/info/disclaimer.asp
Version:
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May 5th I QQ
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ACADEMY BUS DEVELOPMENT: Site Plan Staff Report
APPLICANT'S REQUEST: TO CONSTRUCT AND OPERATE THE FOLLOWING:OFFICE BUILDING,
EMPLOYEE PARKING, BUS GARAGE AND OPEN BUS PARKING SPACES.
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•
City of Opa-locka Planning and Community Development llepa11menl
Site Background
• According to Miami-Dade County Property Appraiser's website, the subject Property's legal description is as
follow:
10TH ADDN TO SEABOARD IND PARK
PB 158-44
TR A LESS BEG SE COR OF TR A
IN SEC 28 TH S 87 DEG W 25FT
N 01 DEG W 1198.27FT SELY AD
135.88FT S01 DEG E 1064.81 FT TO
POB
LOT SIZE 337304 SQ FT
FAU 30 2129 018 0010
OR 22784-2048 1004 2
• The subject property is currently own by Franmar Properties of South Florida,LLC according to the Miami-
Dade County Property appraiser's website.The subject Property is considered to be virgin land because of its
previous and current nature of not being developed prior to this proposed development which explains the
reason why there is not a physical mailing address yet assigned for the subject property. Currently the site
conditions are as follow:trees, overgrown grass, shrubberies,and various types of vegetations (see Existing
Condition Section). The site is located immediately adjacent to main railroad,railroad spurs and easements at
its west, north and east edge. The site is only accessible via county road at its most southern edge providing for
ingress and egress,immediately adjacent to the most western point of NW 123rd Street.That street east bound
inter-connect the vehicular path from and to the subject Property with NW 36th Avenue and major arterial road
NW 32nd Avenue.
• Furthermore, approximately 28,861 square feet of the eastern edge of the subject Property falls within
Unincorporated Miami-Dade County as highlighted in red in the previous picture.
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Figure 1:Google Street View,dated:
City of()pa-locka Planning and Community Development Department
•
Page 3 of 12
II. Project Details
• Applicant's intent
The applicant proposes to utilize the property as its central base of operations for South Florida.The
proposed use will include a 6,000 square foot office building,employee parking,a 12,400 square foot bus
garage, and 150 open bus parking spaces.The bus parking and garage portion of the development will be
located along the north, surrounded by railroad right of way(ROW).
The Applicant also proposes to have one(1)onsite private fueling pump in order to be able to fuel only
the Academy Bus Company buses,not for commercial fueling purposes.This proposal of having onsite fueling
ability render the viability of the Academy Bus facility's interest in developing that site and increase fully the
operation/functionality of this proposed facility as per the applicant. In addition, indicated in the site plan,
proposal to have a chain link perimeter fence, fencing off the bus garage and open bus parking spaces portion
of the site. Furthermore,retention ponds and retention walls are indicated in the Site Plan for drainage
purposes.
Site Corn,utations & Land Develo r ment Res elation /Zonin` Code Table 1
Ap'licant Academy Bus
Folio Number Opa-locka: 08-2129-018-0010
Unincorporated Miami-Dade County: 30-2129-018-0010
Address Location N/A(Vacant Lot/virgin land):no address yet assigned
Building (s)Footprint Office Bldg.-2,000 SF
Bus Garage/Maintenance— 12,400 SF
Floor Area Total 18,400 SF
Zonin• 1-2(Liberal Industrial)
Zoning Code Consistency The proposed use for Academy Bus Facility is consistent with the Zoning Code:
because all I-1 (Limited Industrial)permitted uses are also allow in the 1-2(Liberal
Industrial)zoning district.
Existin• Land Use Vacant/Open Space
Future Land Use Utility
Desi•nation
Comprehensive Plan - The proposed use for Academy Bus Facility is not consistent with the
Consistency Comprehensive Plan because it is an Industrial land use.
- The land use designation for this location described by folio No. 08-2129-018-
0010 is Utility
Applicable LDR Sections Ordinance no.86-8,Article;6.10;6.11;4.4;7;8;4.16,Ord.no. 14-16
SET BACKS/YARD REQUIRED PROPOSED COMPLIANCE
Front 15 Feet 332 Feet YES
Rear 7 Feet 697 Feet YES
Side left) 7 Feet 7 Feet YES
Side ri.ht 7 Feet 89 Feet YES
Corner Lots!Other N/A N/A N/A
Lot Covera•e 75%maximum 74.7% YES
City of Opa-Iocka I Planning and Community Development Department
Page 4 of 12
Lot Dens' NIA N/A , N/A
Lot Size 10,000(0.23 Acres) 366,165 SF(8.4 Acres) YES
Lot Width NIA NIA N/A
Building Height 3 Stories or 45 Feet whichever Office Building: YES
less 3 Stories/40 Feet
Bus
MaintenancelGarage:
One(1) Story/28 Feet
Structure Len f th N/A WA N/A
Other Vehicular Use Area 1,625 SF 8,787 sq.ft. YES
Landscapin
Parking Details Office buildings:pursuant to the Office Bldg. YES
lend development Regulation 6,000 SF
Ordinance 86-8:Article 8, Bus Garage:
Category H section g.one(1) 12,400 SF
Parking per 400 square feet of Total Space Provided:
floor area, 154 Spaces
-15 spaces required
Industrial facility:Ord.no.86-8: Bus Palicing Total
Article 8.Sect.j.
one(1)parking space shall be Space:
provided for each one thousand 150 Spaces
(1,000)square feet of gross floor
area in the building up to ten
thousand(10.000)square feet,and
then one(1)space for each two
thousand(2,000)square feet of
gross floor area thereafter.
-12 spaces required
*Off.Bldg.+Garage= 27
spaces Required
Landscape/Pervious Lot 25%minimum required pervious 25.3%provided YES
Covera*e
Notification Requirement 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
Friday,April 17,2015,To be advertise at least 10 days prior to this Planning
Council meeting on Tuesday, May 05th,2015.
- City Commission Meeting:TBD
Local Government Action The City Commission must review this site plan and consider approval/disapproval
Required after it is reviewed by the Planning Council and any other applicable board or
agency.
City of ()pa-locka I Planning and Community Development Department
Page 5 of 12
III. Overall Analysis
Existing Conditions:
• The Subject Property is generally surrounded by railroad right of way(ROW)and railroad Spurs.
• A discontinued perimeter fence is located at only the southern edge of the property adjacent to NW 123rd Street.
• Sidewalk alongside the south edge of the Property
• Australian Pines throughout the Property
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city of()pa-locka I Planning and Community Development Department
Page 6 of 12
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City of()pa-locka I Planning and Community Development Department
Page 7 of 12
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Surrounding Land Use and Zoning: Table 2
Location Existin• Land Use Future Land Use FLU Z nin
North Industrial Industrial I-2 (Liberal Industrial)
South Industrial Utility 1-2(liberal Industrial)
East Industrial General IU-1 (Industrial, Light)I 1U-2(HVY MFG)
'II Industrial Utility 1-3(Industrial Plan Development)
Surrounding Zoning Designation Map
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The Site is Highlighted in Yellow
• General Character I 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? COMPLIES
- Findings:
• The propose development use`Academy Bus facility" is in harmony with the general characteristic of the
surrounding neighborhood: Industrial Uses
City of Opa-locka I Planning and Community Development Dcpa t nem
Page 8 of 12
• Tree Preservation: Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE
NO.10-03
COMPLIES
- Findings:
• The Applicant is proposing to remove all Australian Pines (tree)on the Property which
considered being evasive trees and replacing them with other type of trees that are Native
Trees. (Please see attached Landscape Plan for Trees detailed information).
• Fence: All fences constructed on property perimeters shall be of a solid masonry construction or a decorative
masonry block to prevent the view of any stored article. Fences shall be constructed in a way so as not to
obstruct or impair the view of any vehicle driver's ability to see other vehicles or pedestrians within two
hundred(200)feet of any intersection within the district.
- Findings:
• The Applicant is proposing to construct a chain link fence, fencing off the proposed open bus
parking area instead of a Masonry Construction/Decorative Masonry Block Wall pursuant to
the City Land development Regulation/Zoning Code 86-8,Industrial Districts(Articles; 6.10,
6.11, 6.11A,6.12).
• Applicant has been advised to seek for a fence variance approval request of a chain link fence
within the 1-2(Liberal Industrial)Zoning District in order to proceed with the proposed chain
link fence.
DOES NOT
COMPLY
• Future Land Use: Utilities (Communications, water and sewer facilities, electrical as needed).
- Findings:
• According to the City of Opa-locka Comprehensive Plan;the proposed project shall be located
within the City's Industrial land use designation category location.However the land use
designation for the proposed location for this project is Utility.
• The applicant has applied for a Comprehensive Plan Amendment for a land use change from
Utility to Industrial. (Please see Comprehensive Plan Amendment Staff Report for detail).
DOES NOT
COMPLY
• 1-2 (Liberal Industrial)Zoning allows all 1.1 (Limited Industrial) Permitted Uses: Project Specific:
Transportation Terminal Facility/Motor garages/Personal Company Vehicle Fueling Pump Station
- 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.The
Academy Bus facility which categorized as a Transportation Terminal &Maintenance facility
is permitted.
• Part of the applicant's Site Plan proposal is a fueling pump section area for the Academy Bus
personal use for their busses/vehicles.
• According to the City of Opa-locka's Land Development Regulation/Zoning Code ordinance
No. 86-8: Article 6.11 (I-2)does not address the use of personal company fueling pump
station. However other section of the Land Development Regulation/Zoning Code allows for
such use.
• Applicant has applied for a Land Development Regulation/Zoning Code Text Amendment.
(Please See Zoning Code Text Amendment Report for more Details) PARTIALLY IN
COMPLIANCE
City of Opa-locka I Planning and Community Development Department
Page 9 of 12
• Community CommentslPetitions: The Applicant verbally informed the Planning and Community
development Department that petitions were submitted to the surrounding businesses for signatures,comments
or possible opposition.
- Findings: The Planning and community Development Department has not yet received any signed
petitions submitted to the Neighboring Businesses as indicated by the Applicant.
IV. Project Need Assessment I other Required Approvals
1. Comprehensive Plan Amendment(Small Scale): Land Use Change(Map Amendment); also
subject to the Department of Economic Opportunity (DEO)Review).
• Application submitted for Planning Council Meeting(this meeting)Tuesday,May 05th,
2015
2. Land Development Regulation/Zoning Code Text Amendment
• Application submitted for Planning Council Meeting (this meeting)Tuesday,May 05th
2015
3. Site Plan
• Application submitted for Planning Council Meeting(this meeting)Tuesday,May 05th,
2015
4. Development Agreement
• Application submitted for Planning Council Meeting (this meeting)Tuesday,May 05th,
2015
5. Zoning Board of Appeals (Fence Variance)
• Application Submitted on April 22,2015
• Tentative Zoning Board of Appeals Meeting Schedule for Thursday,May 28, 2015
V. Development Review Committee (DRC): Meeting Review Comments
1. Capital Improvement Project(CIP):
• No issues reported for the proposed Site Plan
2. Building:
• N/A
3. Police:
• N/A
4. Community Redevelopment Agency (CRA):
• N/A
5. City Manager's Office (CMO):
• N/A
6. Code Enforcement:
• N/A
7. City Attorney's Office:
• Development Agreement under review
8. Public works:
• N/A
9. Inter-jurisdictional Review: Miami-Dade County: Mr. Gianni Lodi (PER)
• "Development Services staff has reviewed the proposed application initial submittal.The
Platting and Land development Section has no comments for now.The zoning Staff is
City of Opa-locka i Planning and Community Development Department
Page 10 of 12
proffering the following comments": -increase the number of trees within the area of the
site controlled by the county—installing canopy trees 25' avg. oc. To create a nice dense
buffer with trees—the side which is occupied with auto parking should incorporate a berm
with the proposed coco plum hedge, additional groundcover and additional trees planted
25' avg. oc.To buffer the railroad line from the property and enhance the aesthetics of the
facility.All of the plant material shall comply at a minimum with chapter 18A(Landscape
Code).
VI. Staff Recommendation:
- Staff recommend approval of this Site Plan pending the following other approvals:
• Comprehensive Plan Amendment(Small Scale): Land use change;
• Land Development Regulation/Zoning Code Text Amendment: if approved,the Fueling area
shall be located within the property's safest area and buffered to prevent visibility from any
adjacent property or public Right of Ways(ROW)and shall comply with the City's Land
development Regulation/Zoning Code and any Requirements set forth by the Planning
Council Board, City Commission, and other applicable Agencies;
• A Development Agreement must be submitted along with this Academy Bus Site Plan
pursuant to the city Land Development Regulation/Zoning Code Ordinance no. 86-8: Article
4.16 and F.S. Section 163.3220-163.3243;
• Zoning Board of Appeals (ZBA): Fence variance;
• 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 Bus
Academy Site Plan;
• Trees to be planted 25' avg. oc.;
• Adequate landscape buffer around the open bus parking area;
• 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 to this Academy Bus 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(D.A.) shall specifically address the daily operation,business,
behaviors and any other requirements set forth by the City's Land Development Code,
Planning Council Board and the City Commissioner for this proposed Bus Academy Facility
site plan;
• Address all Miami-Dade County's input/recommendations as appropriate
VII. Attachments:
• Site Plan
• Development Agreement
• Comprehensive Plan amendment(Small Scale): Land Use Change from Utility to Industrial
• Zoning Code Text Amendment
Plannin• and Communit Development Department
Project Planner Josue Leger,City Planner
Zoning Gerald J.Lee,Zoning Official
Approved by Gregory D. Gay,Director ,
Plannin! and Communit Develo•ment
City of Opa-locka I Planning and Community Development Department
Page 11 of 12
VIII. Staff Report Updated After the Planning Council Meeting on May 05th, 2015.
Reflected Actions:
Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No.SP-15 (TBD)
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING TO THE
APPLICATION OF:Academy Bus Facility
FOR: SITE PLAN APPROVAL REQUEST TO CONSTRUCT AND OPERATE THE FOLLOWING: A 6,000 SQ.FT.
OFFICE BUILDING,EMPLOYEE PARKING,A 12,400 SQ.FT.BUS GARAGE,AND 150 OPEN BUS PARKING
SPACES.
WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence,
documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-
locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
1) That the request in the application by the applicant be and the same is hereby
a. APPROVED ❑ DATE:05-05-2015
b. DENIED ❑
c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on /_/
2) That the following special condition be and they are hereby imposed, conditioning the determination
aforementioned:
a.
b.
***The Planning Council Approval of this request was approved by a - vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy
as is reflected upon the public records of the City of Opa-locka this day of
Chairperson or Designee
City of Opa-locka j Planning and Community Development Department
L,Y� Torsi ..
.,.r
MINUTES
PLANNING COUNCIL MEETING
TUESDAY, MAY 5, 2015
ROLL CALL:
The meeting was called to order at 7:05pm by Chairman Calvin Russell. Present Members in
attendance:
Chairman Calvin Russell, Board Member Elio Guerrero, Board Member Rose Tydus, Board
Member Oria Rodriguez, and Board Member Germane Barnes.
Also in attendance were Community Development Director, Gregory Gay, and Zoning Official
Gerald J. Lee. City Planner, Josue Leger, & City Attorney Vincent Brown.
Absent: Secretary II, Kinshannta Hall
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 May 5, 2015 Meeting
The Chairman Mr. Calvin Russell asked if a motion could be made to have the minutes approved
from April 14, 2015 meeting. Board Member Elio Guerrero addressed a small issue on the
reading minutes about Board Member Germane Barnes listed as absent when he was "late".
Chairman Russell tells Mr. Lee that the error needs to be corrected. Board Member Rose Tydus
Planning Council Minutes
05/05/2015
Page 1 of 43
ask what page is it on. Board Member Germane Barnes states that it is on page 1. Board
Member Rose Tydus addressed an error on page 24 about the spelling error on line 7, 12, and
line 14 of the word "differ" should be spelled"deferred " was not spelled correctly. Chairman
Russell asked if a motion could be made to approve the minutes with proper corrections. Board
Member Elio Guerrero made a motion to approve the minutes from April 14, 2015 meeting with
proper corrections and Board Member Germane Barnes second the motion.
Upon roll call, the minutes passed 5-0.
Elio Guerrero - Yes
Rose Tydus - Yes
Calvin Russell - Yes
Oria Rodriguez - Yes
Germane Barnes - Yes
IV. PUBLIC HEARINGS:
1. Academy Bus-Land Use Change From Utility To Industrial
REQUEST:
COMPREHENSIVE PLAN AMENDMENT (SMALL CIRCLE) APPROVAL TO
CHANGE THE LAND USE FROM UTILITY TO INDUSTRIAL OF THE ABOVE
MENTIONED PROPERTY DESCRIBED BY ITS LEGAL DESCRIPTION
SPECIFICALLY FOLIO NO. 08-2129-018-0010.
Mr. Gay: Chairman this item has four parts. The executives from Bus Academy will be coming
before the Planning Council Board to do a presentation relating all four parts to the item. They
will be explaining each part separately. The first part of the item is the Comprehensive Plan
amendment, the second part of the item will address the zoning change, the third part of the item
Planning Council Minutes
05/05/2015
Page 2 of 43
will address the development agreement, and the fourth part of this item will deal with the site
plan. Chairman if it's at your pleasure the applicant will come first to do their presentation then
afterwards staff will come forth to do their presentation.
Graham Penn: I can give an overall view of the entire project and then explain each 4 items
separately.
Chairman Russell: I prefer for you to explain each item separately one at a time so I can have a
better understanding.
Graham Penn: David Lehmkuhlu is the applicant from Academy Bus. The engineering team
consists of Lenny Rodriguez and John Kim they are here for any questions if you have any.
We've worked very hard for this project which will be a win-win for the great City of Opa-locka.
The drawing here shows in "blue" that the property is zoned I-2 which is the city most intense
industrial district. This district allows other open lot uses. We share the same zone with the
property of the south. This white line is the edge of the county. Our property is majority within
the city. The staff has been working close with the county to ask them if they have any
questions. It has been incorporated into our application. The portion of the county is already
zoned industrial. The red lines are for the railroad lines railroad spurs which is illustrated on the
drawing. All of the CXX railroads goes south and serve all uses. To the West is I-3 which is the
planned industrial which is a less intense district. Cairo lane auto use is zoned I-2A which only
permits special automobiles and junk yard uses. There is a disagreement plan between what the
land use plan says and what the zoning says. This property is under the Comprehensive Plan is
designated Utility. Utility is commonly used for utility uses. It was owned by CXX for a long
Planning Council Minutes
05/05/2015
Page 3 of 43
time. CXX is a railroad which is consisted with utilities. It was sold to us. The land use is limited
to making our land use consist with existing zone. The change was going to be made any way.
We are doing it slightly early. It really was a timing issue clearing up a technical issue. I can
stop now to hear from staff at this point.
Chairman Russell: Do any of the Planning Council Members have any questions?
Member Barnes: Let me get this straight, you want us to determine if we want to change from
utility to industrial to zoning on the Comprehensive Plan? Under assumption that we adopt?
The Comprehensive Plan?
Graham Penn: Under the current Comprehensive Plan to redesignate this plan from utility to
industrial that's it. It has nothing to do with the future plan. The future plan will come in and
match it.
Member Barnes: I understood that part, I just wanted to make sure my council members
understood. We are making a vote on this parcel, or should we in act a new plan. This seems
very premature.
Member Guerrero: The use that you want falls under the I-2 zoning?
Graham Penn: Yes it does. It is consistent with I-1. This portion of the application solves the
problem.
Chairman Russell: It has not been approved but down the road it might be approved, but I
agree with my fellow council. It sounds immature to me as well.
Planning Council Minutes
05/05/2015
Page 4 of 43
Graham Penn: I will be more specific; anyone can come in and amend the Comprehensive Plan
which is why we can file another application. We needed to get this moving forward so we can
develop this property. In the absence of this application not being approved. I cannot wait until
this document goes up to Tallahassee and get reviewed and come back. This is all really a house
keeping issue. I believe that staff will agree with me. This has happen where the
Comprehensive Plan and zoning does not match which is why we fix the problem. In every city
we fix the problem it is not anything unusual this is something people file all the time. This little
eight acres should be industrial. Mr. Chairman if I don't have anything this project will go away.
I can't go forward. As I said before the comp plan will make the exact same change. It is the
right thing to do. This is appropriate for the neighborhood and staff agrees.
Chairman Russell: Anymore questions?
Member Tydus: The key word to my colleagues is "housekeeping". It's really a housekeeping
issue that hasn't been changed.
Chairman Russell: It hasn't been changed.
Mr. Gay: If it's okay could our staff do their presentation? This may answer some of your
questions or concerns.
Mr. Leger: Good evening, we've already went over the agenda. We are looking at the first
item which is the small scale amendment. Just an overview about the site is designated utility
when you look at the current comp plan as of now. It is not much of utilization it is very limited.
That's when we decided based on the proposal we cannot go forth without a comp plan
amendment which will be a land use scale. The small scale is something that allows the
Planning Council Minutes
05/05/2015
Page 5 of 43
municipality to conduct a change and send it to the state not to review but advise them of the
changes that the city has made for this specific development. This is considered a small scale
because it is less than ten acres. Chairman would you like for me to proceed with the
presentation?
Chairman Russell: Unless you have more information we need to know.
Mr. Leger: Just the comp plan amendment.
Graham Penn: We just want to confirm with staff. We are here if you have any questions.
Mr. Gay: As long as the property is under the land use it has very limited use for
redevelopment. Under the definition of utility it can be used by the railroad, water company, or
electrical company. It is a large portion of property. As staff we do recommend that this land
use change be made from utility to industrial.
Chairman Russell: I understand staff recommendation, but what is "Academy Bus" company?
Graham Penn: They are the largest charter bus operation.
Chairman Russell: What do they do exactly?
Graham Penn: It's a bus depot, bus maintenance, and brand new office building. 6,000 square
office building. It has bus parking and 140 new trees all landscaping.
Chairman Russell: It's too many times where we have change zoning for certain businesses to
fit. We have a responsibility to get things done.
Planning Council Minutes
05/05/2015
Page 6 of 43
Mr. Leger: We are not changing the zoning. The zoning is already in place for that type of use
to come in. There is an inconsistency between the comp plan and the zoning as it stands right
now.
Chairman Russell: Then why are you asking us to change it?
Mr. Leger: It is the land use. The comp plan addresses the land use and the land development
regulation addresses the zoning. The land use for the parcel is not consistent with the current
zoning without this project. The zoning is I-2 but the land use is utility.
Member Guerrero: We would use an amendment?
Mr. Gay: In order for this property to develop a comp plan would have to take place. We've
been dealing with the comp plan for several months now. They have decided to not wait until
the change occurs with the city. As a private applicant they are entitled to do so as property
owners.
Chairman Russell: I would get some advice from the attorney to make sure it is zoning right.
Member Guerrero: The zoning is right.
Attorney Brown: The zoning is right the type of use that is permitted on the property is
inconsistent. They want to make the zoning and use of the property consistent with each other.
The question begins here, "Are you going to make them wait until you rewrite the entire comp
plan? Let's say it takes five years to re-write the comprehensive plan. Are you going to make
them wait five years for this process to complete itself before new jobs are brought to the city?
Planning Council Minutes
05/05/2015
Page 7 of 43
Chairman Russell: Can we get a motion to move this project to move forward.
Member Guerrero: I make a motion to pass the first item.
Rose Tydus: I second.
Upon roll call motion passed 5-0
Oria Rodriguez - Yes
Elio Guererro- Yes
Rose Tydus - Yes
Calvin Russell - Yes
Germane Barnes - Yes
V. Academy Bus-Zoning Text Change to Allow Fueling
Attorney Brown: The second item on the agenda. The applicant name is Academy Bus,
LLC-David Lehmkuhlu. The property address is at the most western point of NW 123`d
Street on the north side of the street; Folio No. 08-2129-018-0010. The legal description
is 10th ADDN to SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF
TRAIN SEC 28 TH S 87 DEG W 25 FT N 01 DEG W 1198. 27 FT SELY AD 135.88
FT SO1 DEG E 1064.81 FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
OR 22784-2048 1004 2;
REQUEST:
LAND DEVELOPMENT REGULATION/ZONING CODE ORDINANCE 86-8 TEXT
AMENDMENT APPROVAL TO ADD SERVICE FILLING STATION: NO MOTOR
VEHICLE SERVICE FILLING STATION OR GASOLINE PUMP SHALL BE
PERMITTED ON ANY LOT OR WITHIN ANY STRUCTURE IN THIS DISTRICT
EXCEPT WHERE NECESSARY TO SERVICE VEHICLES USED SOLELY IN
CONNECTION WITH THE LICENSED BUSINESS PERMITTED ON SUCH LOT
AND WHEN SO LOCATED, SHALL NOT BE VISIBLE FROM VIEW FROM THE
STREET. TO ARTICLE 6.11 THE I-2 (LIBERAL INDUSTRIAL) AS PROPOSED
SUB-SECTION 6.a
Planning Council Minutes
05/05/2015
Page 8 of 43
Mr. Gay: We would like our city staff if approved by the board to come up to do their
presentation. It may address many concerns you may have. Mr. Penn if you have any
questions feel free to ask Mr. Leger.
Mr. Leger: The next item on the agenda is the Land development code text amendment
approval request. This is not changing the zoning. This project wants to service their
own vehicles. In the I-2 that language is not written. The applicant is looking for the
board approval to allow the language. This is the I-2 zoning district. The purpose of this
district is to provide areas in appropriate locations where various heavy industrial
operations can be conducted in any way as not to create environmental hazards to the
general public or property devaluation of surrounding uses. The language the applicant is
looking to add is in red "service filling station: No motor vehicle service filling station or
gasoline pump shall be permitted on any lot or within any structure in this district except
where necessary to service vehicles used solely in connection with the licensed business
permitted on such lot and, when so located, shall not be visible from view from the street.
To ARTICLE 6.11 THE I-2 (LIBERAL INDUSTRIAL) AS PROPOSED SUB-
SECTION 6.a. when located it shall not be visible from view from the street. So based on
your approval, if you choose to approve, once this gets put into the property, it cannot be
visible from the streets or public right of way. That is one of things we are
recommending.
Chairman Russell: Thank you. Are there any questions? Then we will call for the Public
Hearing.
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Member Rodriguez: I have a question. I just want to know, the property, how big is it, how
many acres?
Mr. Leger: The property is approximately 8.2, 8.3 acres. And that's including the piece that's
part of Miami-Dade County. Without the piece that is in Miami-Dade County, the
unincorporated area, it is about 7.7 acres. Do you want to vote or do you want me to continue
on?
Chairman Russell: No, we will continue with the public hearing. Public Hearing is now open.
Daunte Starks: Thank you Mr. Chair, Daunte Starks for the record. I'm OK with the.
Chairman Russell: Wait; wait....what about your address?
Daunte Starks: Well, I'm exempt as a former Law Enforcement Officer. You can check with
Attorney. I'm OK with the development, my concern is if you're going to permit the fuel, they
said up to thirty thousand gallons of gas. Now how is this going to be permitted? I know it is
not open to the public. Is it a series of inspections from Dade County? You know, dealing with
the buses. The many fires that we have had in Opa-locka, I'm just looking at it as a safety issue.
Where is the oversight coming in versus a regular public gas station? Because you're dealing
with, I'm assuming you're dealing with their large buses they will just be fueling their buses and
also are we receiving the revenue from this or are they exempt as we do from gas stations when
we do our yearly total for our budget that comes from all the utility tax, gas taxes and all that.
Are they exempt because they are buying their gas and they're just fueling themselves or the
usage based on tax comes back to the City as a percentage of revenue to the city? The safety
issue, is one I want to have addressed with the many fires and I know we are closer to Opa-locka
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Air Port, and you have those type of fires a certain type of engine or a large facility such as this.
And the gas station is so close to, I guess the main manufacturing facility, which I'm in favor of,
is it all on the same lot. Is the distance from there; is it a safety issue with the gas being on the
same lot with the manufacturing facility? Who is going to perform those safety inspections? I
want this to be on the record when you guys make the decision please. Thank you.
Chairman Russell: Who wants to address those issues? Who is going to address those issues?
Attorney Penn: I think I can start Mr. Chairman. First off, the new language is just the red
language. The language in bold already exist. This is what we're adding. Basically
subterranean tanks like any other gas system. All of that needs to be permitted through the
County DERM reviews all subterranean tanks anywhere, so that would be reviewed through
them. We can show you on the plan where they are, again we are talking about a simple pump
that many cities have for their Police cars, many of these existing surrounding uses already have
them and they are also currently allowed everywhere in the I-3 zone of the City. So all we're
doing is adding that to a more expansive district than I-3. Let me just show you this. You may
want to come up Daunte if you want to see this. I will talk about this when I get to the site plan
part, but the filing area here is right behind the proposed bus garage and bus wash area which is a
big thing for academy,buses must be always washed and clean. Come in washed, filled up, and
go and park. So that is basically where they are, how it works, they're not manufacturing on this
property. All this is, for all intents and purposes, is a giant parking lot with a repair garage and
this is just an added part of it. So, as staff indicated this is a very common thing, many
operations that deal with trucking, busing, etc., and it is consistent already with what you allow
in the I-3 district. So that is why we have requested this small amendment. And that is it.
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Chairman Russell: Okay are there any other questions?
Member Guerrero: It is consistent with the I-3 but not allowed in the I-2? I guess this is a
question for staff.
Mr. Gay: The issue that relates to the gas filling portion is the fact that it is going to be for their
own private use. It's not a public used gas station facility which is not subject to all of the other
issues as it relates to selling gas. They are basically utilizing it as a gas station to fill their own
vehicles to provide tourism services.
Member Guerrero: This is by the text, or there is no special exception in there? That is what
I'm not clear on.
Attorney Penn: The question is it allowed in the I-3 District; understand it is allowed by right
in the I-3 zone, right without any public hearing. So this is just like the comp plan issue, a quirk
of the code that we're fixing because I-3 is less intensive than I-2.
Chairman Russell: So the issue is not if the gas is to serve the public or not, the issue is that the
safety part of it and whether the city will gain any monies from this use or this type of facility,
using gas. Is there any revenue to the city?
Mr. Gay: As it relates to the revenues, those revenues are usually tied to gasoline that is resold
to the public. This particular facility is not reselling gas. They are basically, fueling their own
vehicles. They in essence will not be subject to the same rules as it relates to the gas tax for
private use as it relates to public use. They are not reselling, that is not the same thing. As it
relates to the gas station function itself it is not technically allowed in the I-2 by right that is why
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this issue is coming before you,because of the size of the property we feel that it is one the better
uses for this location. To allow them to have a gas station facility is proper as it relates to the
operation itself.
Chairman Russell: So zone three has this type of use already. Is this project in zone three? So
are we saying that zone three has it so I should be able to put it in zone two,because it is in that
same area?
Mr. Gay: The I-3 district has it by right and I-2 does not. That is why it is before you now.
Chairman Russell: I am really trying to grasp how they want to just write in their own
language to what they want. Like you said, the red is not what is in the permitted use, what is in
the permitted use is number six. Then what is under number six is what they have added for
their benefit, for what they want to do. I understand, but is that proper?
Mr. Gay: To give you a better understanding.
Chairman Russell: No I'm asking the Attorney, Mr. Attorney is that proper? This is the first
time I'm having this issue come in and they write in what fits them and it is not what is in the
permitted use. They are adding to the permitted use.
Attorney Brown: Normally that is how it happens. You have a zoning code or land use code,
and what they want, the use not proper or inconsistent with the zoning code or the land use code.
They work with staff and get a proposed agreement as to what would be the permitted use on the
property. And you see what happens is most times when you have these applications come
before you is because they are trying to tailor the amendment to the particular use they want on a
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particular property. So it is not uncommon, it is very common. Now whether you decide to do it
or not, that is a policy decision for this board.
Member Guerrero: So what exactly is it. Witch way are we going to frame it? Are we voting on
an amendment to this particular...I'm unclear on...I understand their use.
Attorney Brown: You are voting to approve the request that the applicant has made. That is
what you are voting to do. And the request has been laid out to you all in the agenda item that
has been presented. So you are either going to accept their request or reject their request or
amend the request that they made. So you have one of three options, vote it up, vote it down, or
amend the request as per your particulars.
Member Barnes: Mr. Attorney, I have a question. So, reading the amendment, there is more
than one I-2 zoning location within Opa-locka. This amendment would also apply to those areas
by adding this language to the bottom of point six, is that correct?
Attorney Brown: It is particular to this piece of property, that's why the legal description is
there. You are not making a comprehensive change to the zoning code or the master plan.
That's why they reference the property in the legal description. The property is referenced by
the legal description in which the amendment or the zoning change or use change is required for.
Member Barnes: So it is for this parcel only?
Attorney Brown: This parcel specific.
Member Guerrero: So what is the difference between that and spot zoning?
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Attorney Brown: In each situation, whenever you have these situations come before you, you
can call it spot zoning. If you don't permit some types of use you will not permit any
development in your city. So you have to make a decision as the Planning Council as to what
you will permit or what you will not permit. That is what you've got to do. So it is a policy
decision as to what you are going to permit. If you don't want to permit it, vote it up or vote it
down.
Chairman Russell: Any more questions? Was your question answered concerning the gas?
Daunte Starks: For the record I got a response from staff that I do not think is adequate. My
particular concern is not what they are bringing to the City, but the safety issue with the gas and
the revenue. So if we are going to maintain the fire hydrants, to make sure this facility is safe,
even though it is in I-2 and it is permitted in I-3 but if you vote to make the exception; but if the
gasoline goes in the ground and they don't go to the public gas stations that serve diesel in Opa-
locka where we would get the revenue off the gas for every gallon; and they are going to do it
privately which is more convenient for them, then their ought to be something there, some type
of revenue versus them going to a regular gas station to give back to the City based on the
amount of gallons given, because you are still using our facilities and our infrastructure. Now it
is not shutting the place down, not stopping them from bringing business to the City but at the
same time, every other bus and trucking company goes to a public gas stations. If we are going
to give in the I-2 then I think it ought to be some give when it comes to tax increments that come
off of gasoline because it is convenient for them. They are going to buy it wholesale, they are
going to put it into the ground, they are going to service it, and they are going to put it in their
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buses, at a cheaper rate and therefore based on what the Director of Community Development is
saying, they don't have to give us any revenue. That is my concern.
Chairman Russell: Any response to that?
Attorney Penn: Yeah, I think I can answer that. First off, I think it is important to remember
that this is not something unusual. Every large distribution center, an operation like a bus depot,
other uses like this, large places that have trucks that are constantly moving around, diesel
operations, when they can be this efficient they are this efficient. They have the pumping station
on the property. What this does for the City, gas taxes are not going to be paid as Mr. Gay said
on gas that is not being sold retail. That is just the way it works. It is the same for every single
business that does this; of course there are hundreds and hundreds in the County. The value to
the City, obviously, is you're getting a brand new development on a property that was essentially
unused for decades, which will bring jobs which will bring property taxes. We have already
agreed in our development agreement that we are not going to seek to reduce the value; we are
not going to seek to go and get our property taxes lowered. So the direct influx is of course
through property taxes, and the money that is spent and the jobs that are created in the City. That
is the bottom line, I can't remember the last time I saw an eighteen wheeler pull up to a public
gas station that wasn't a truck stop somewhere in the middle of nowhere. For example, Winn
Dixie, any of these big operations that are immediately to our East, they are all doing this. Those
trucks are being fueled on site and that is the most efficient way of doing business for any of
these large operations. All of these distribution companies, it is the same thing. It is nothing
unusual, the City already puts it in I-3, which is a lesser district that what we have. We have the
most intense district in the City. We thing it is appropriate that larger operations in the I-2 zone
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would also be permitted to do this. And as to the safety issue, as you all know, site plan approval
is required of any project anyway. So if there is someone who comes in some crazy idea about
putting some kind of fueling station on some property, this Council will see it, this Council can
deny such an application, which of course that is not the type of application that is before you
tonight because our fueling station is in the right spot. If there are any safety concerns, that is an
option the City will always have, you as the site plan reviewer, and of course permitting; DERM;
etc, that everyone has to go through. So again, not uncommon, it is the opposite, it is incredibly
common. Thank you very much.
Chairman Russell: Public Hearing? Are there any more questions? Ok can I get a motion for
it or against?
Member Rodriguez: I make a motion to approve the service filling station, to add a service
filling station to this project.
Member Tydus: I second
Chairman Russell: Roll Call?
Upon Roll call motion failed 2-3
Elio Guerrero No
Oria Rodriguez Yes
Germane Barnes No
Rose Tydus Yes
Calvin Russell No
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Attorney Brown read the next item into the record:
Item Number 3: ACADEMY BUS, LLC—DAVID LEHMKUHLU
PROPERTY OWNER: FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC.
ADDRESS: AT THE MOST WESTERN POINT OF NW 123RD STREET ON THE NORTH
SIDE OF THE STREET; Folio No. 08-2129-018-0010
DESCRIPTION: 10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE
COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 119827FT SELY AD
135.88FT SO1 DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
OR 22784-2048 1004 2; REQUEST: SITE PLAN APPROVAL TO CONSTRUCT AND
OPERATE THE FOLLOWING: A 6,000 SQ. FT. OFFICE BUILDING, EMPLOYEE
PARKING, A 12,400 SQ. FT. BUS GARAGE, AND 150 OPEN BUS PARKING SPACES.
Mr. Leger: As stated by the Attorney, this is a site plan approval request by the applicant. A
little background, this is what the applicant wanted to go over which is the site plan and now we
are getting to it. The applicant's request is to construct and operate a maintenance facility, bus
parking and office building. The specifics are, the office building is 6000 square feet with
employee parking, a 12,400 square feet bus maintenance garage and 150 open bus parking
spaces parking lot. We are going to discuss the access points to this property, ingress and egress,
existing/proposed structure. The only way you can access this property is through a County
road, at NW 123rd Street. I think at NW 32nd Avenue there is a Winn Dixie at the entrance,
that's the only major road that takes you into this property. In terms of ingress and egress, access
point to the property, do you see the blue circle, that part, the southern-eastern edge of the
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property, will be utilized as ingress and egress for employees, regular vehicles. The red circle, at
the south-western edge of the property, at this point you will have the ingress and egress for the
buses that will be coming to the property. Going back to the slide, the orange part depicts where
the office, employee parking, patrons parking will be. The purple will be where the garage is
proposed, the maintenance and the blue is where the bus parking lot that the applicant is
proposing. This slide is a neighborhood compatibility to show the compatibility between the
proposed structure and the surroundings. As mentioned before this area is predominately, the
land use is industrial and the zoning also falls under some type of industrial area so it is
compatible with the area in which the property located as far as the use that is being proposed by
the applicant. Comprehensive Plan consistency, as mentioned before, you guys already passed it.
Currently the land use is not in compliance because it is utility and it needed to be industrial as a
land use designation. Zoning Code Consistency, as we discussed previously, it partially
complies because the use is permitted, however, there needed to be language based on the
applicant's request for the filling station, and that is why we are saying the zoning is partially in
compliance. This project will have to go for a fence variance because as you may know already,
our industrial areas require masonry concrete walls or decorative masonry walls for perimeter
fencing anywhere in our industrial areas. The applicant is proposing a chain link type of fence,
which will require a variance for this type of fencing. Staff recommendation- we recommend the
approval of this 6,000 square feet office building with employee parking, a 12,400 square feet
bus maintenance garage and 150 open bus parking spaces parking lot pending the following
approvals:
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• Comprehensive Plan Small Scale Amendment.
• Zoning Code Text Amendment
• Fence Variance
• All of the conditions listed in the staff report
• Any conditions listed in the Developer's Agreement
• Any additional recommendations from the Planning Council Board members
• Any additional recommendations from the City Commission
That is it for this item.
Chairman Russell: Any questions?
Member Barnes: This is a job creation question. Through the proposal you said that this
would be the new HUB for Academy Bus LLC, and I just wanted to know if that meant that
from the current facility you were going to be switching people from there to this facility. Or
will you be hiring new individuals from the surrounding area. I keep hearing the word job
creation, and I am trying to find out if jobs are being created or jobs are being moved.
Attorney Penn: Right now we are moving, but as we grow we will be hiring people. We
have eight people from the city working for us already as part of the operation. That is the
short answer. I wanted to take you through the site plan. There are some items that are a bit
unusual for the City of Opa-locka industrial areas. First and foremost, is the amount of
landscaping that is going in. If anyone has been in this area and the unincorporated area, like
the area to our North and to our South what you don't see on most industrial properties is any
landscaping whatsoever. That is one of the great advantages you have of modern
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development coming in is that we are now subjected to the current landscape standards that
the County applies county-wide. If we take a look at the property as it exists, it is a sandy
mess with invasive trees, and plants, that need to be removed. One of the elements of our
plan is to install a significant amount of landscaping all around the property. We are
installing 44 new trees, 90 % of which are native, the number of shrub plants and hedges is
around 3000 or above that are going in. We are planting native species for a reason,because
that means they'll be here in 10 years they're not going to be eaten by some pets because their
natives. We think of that as everything else is a complete benefits to this project for example
just north of that we have Cairo Lane, no street at all we have nothing it's the complete
opposite of this. Not to be repetitive again we have 2 real element to this project we have the
office building on the south which also is associated with the employee parking lot we have
about 154 space for people coming and going and we have the propose bus garage. The
garage area and the parking will have a gate, to prevent folks from coming in there that aren't
supposed to be there. Of course we have first class very modern design, let me show you the
elevations. This is the garage which again is a garage but it's very nice and clean design. This
is the south elevation so it has a lot of glass windows and also facing east was the actual
garage doors are located. This is the office building three stories high again this is very nice
and modern construction. Overall, it will benefit the city. It's consistent with the entire site
plan. Then again we've done a lot of work here to make sure we are limiting the interactions
between the buses and regular vehicles. The entire left of the property that's the basics of the
site plan if you guys have any question I am open to answer.
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Chairman Russell: any question from the board?
Member Rodriguez: Will there be any kind of Arabian motif design or something added to the
building I believe that the city wants that.
Attorney Penn: I'm trying to remember if the city is still enforcing that for industrial properties
the idea that we have is a very clean type of modern design and simple design and this is really
not a building that's going to be seen by the public it's always from the public views adjacent to
railroads lines and spurs. And the staff never requested it. Therefore we have designed short of a
clean model of modern design that's easy to maintain and the long-term standpoint.
Member Rodriguez: Can we hear from staff:
Mr. Gay: As it relates to the Arabian motif for the property in most cases we do look at it as a
requirement for buildings that are going to be adjacent or visible from the public mostly on your
major commercial corridors and you're downtown district where we would like to celebrate and
reflect that particular design. As it relates to the industrial area that has been an attempt by
previous developers to add some type of accent that can be viewed as a motive somewhat
Arabian and one sense and there has been some good attempts at it and some not so good
attempts at it. None the less, attempts were made if the board so desire to request this particular
applicant makes a request to have some type of Arabian motif you have the opportunity to do so
but we as staff did not make it a particular requirement because it's an industrial use and it's not
going to be visible pretty much from the public views and we felt that it was not necessary to
have it with Arabian type of motif design.
Member Rodriguez: Thank you.
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Chairman Russell: Any other question? Mr. Gay concerning the wall most folks would put up
the requirements. Isn't that a requirement for them to do?
Mr. Gay: Iit has been a requirement and it still is a requirement as we're looking into what's
occurring into the industrial area where we want to make sure that we prevent any
encouragement not acceptable concerning graffiti. There is a lot of graffiti that's done for most
of the industrial areas that a property owner or business owner will have to deal with. When you
deal with either something of a decorative fence or an enhance chain link fence the sense of
graffiti or destruction of property is less and it could become less apparent as opposed to shrubs
with chain link fence. If you so choose this particular type of item is something that could be
referred to the zoning board because the zoning board does deal with variances and regards to the
type of fences that goes on a property versus a concrete wall.
Chairman Russell: So what have we done in the past in order for them to do fence, did the
project get variance?
Mr. Gay: From the recommendations of this board, they were referred to the Zoning Board of
Appeals and the Zoning Board of Appeals actually approved or denied them to do chain link
fence vs. a concrete wall.
Chairman Russell: Any other question? Public hearing is open, public hearing is closed. Can
we get a motion to approve or deny.
Member Guerrero: I give a motion to approve the site plan with the recommendations of staff.
Member Rodriguez: I second.
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Chairman Russell: Can we get a roll call.
Upon roll call motion passed 5-0
Germane Barnes yes
Elio Guerrero yes
Rose Tydus yes
Oria Rodriguez yes
Calvin Russell yes
Attorney Brown: Item Number 3: ACADEMY BUS, LLC—DAVID LEHMKUHLU
PROPERTY OWNER: FRANMAR PROPERTIES OF SOUTH FLORIDA, LLC
ADDRESS: AT THE MOST WESTERN POINT OF NW 123RD STREET ON THE NORTH
SIDE OF THE STREET; Folio No. 08-2129-018-0010
DESCRIPTION: 10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG
SE COR OF TR A IN SEC 28 TH S 87 DEG W 25FT N 01 DEG W 1198.27FT SELY AD
135.88FT SO1 DEG E 1064.81FT TO POB LOT SIZE 337304 SQ FT FAU 30 2129 018 0010
OR 22784-2048 1004 2
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REQUEST: THE REQUEST IS TO CONSIDER OF DEVELOPMENT AGREEMENT
APPROVAL FOR THE NEW CONSTRUCTION AND OPERATION OF THE FOLLOWING
6,000 SQUARE FOOT OFFICE BUILDING EMPLOYEE PARKING A 12400 SQUARE
FOOT BUS GARAGE AND 150 OPEN BUS PARKING SPACES.
Chairman Russell: Does Community Development have anything?
Mr. Leger: The request has already being read to you this is the development agreement it's an
important document this is pretty much a live document has a stand right now. There is one that's
part of the package if there is anything that she would like to add or any concern that you may
have with anything about this project you can address it now. One other thing is that the City of
Opa-locka has been very active on making sure that whatever development that's coming in the
city within their construction phase process that they gave the opportunity for employment to
Opa-locka residence. As you can see and the development agreement this is just supplemental or
echoed what's actually on the development agreement which are maintain 100 percent of the
proposed site plan, extend employment opportunities to the city of Opa-locka residents, one of
the concern that staff has with this proposed development agreement is the construction phase
and timeline as part of your packet for the development agreement the applicant has
recommended or proposed a different timeline from what the city usually ask for.
Chairman Russell: Is it more or less?
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Mr. Leger: The applicant has requested more time. Its part of your package under development
conditions you'll see the sections under as the proposed timeline by the applicant and the
strikethrough represent what the standard requested timeline from the city. Compliance with
resolution number 50/50 fare share agreement, maintain 100% of the site as proposed on this site
plan. This is important as the applicant stated earlier that the owner or any assigned successors
may not seek for a lower property assessment through the Value Adjustment Board with (VAB)
for the subject property during the 30 year of the development agreement. This is done in effort
for the city properties to maintain or improve the property values citywide. Also all fees related
to the subject property or liens related to code enforcement shall be in satisfied status prior to the
execution of this agreement. Even though there are no noncompliant physical structure on the
property it is standard for the city to ensure the removal of any noncompliant physical structure
within the subject property prior to the execution of this agreement. Also code enforcement shall
be allowed to enter the property pursuant to F.S. ch. 163.3235. The City shall visit the property
as twice a year to determine compliance with the development agreement terms and conditions.
Chairman Russell: Are you all in agreement with the time line?
Mr. Leger: The timeline we usually recommends is not the same as the proposed timeline by the
developer, and it's a decision that you all can make here today in light of getting a set timeline
for the developer's to abide by of course in consideration or their request and circumstances.
Chairman Russell: They want an extended time?
Mr. Leger: It's a decision you all can make.
Mr. Gay: This is the information that we proffered to the developer as far as a timeline of course
we would to move as expeditiously as possible even if at a faster time that will be even better.
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However we are to also consider unforeseen circumstances as it relates to approvals that are
outside of the City's scope. Yes we are in agreement with the information that has been
provided.
Chairman Russell: Thank you, any other question?
Member Barnes: So how much extra time is needed?
Graham Penn: Our goal basically is to start as soon as we can. All we ask for is to be able to
have the flexibility through the manager for having the ability to request time extension if
needed. Instead of six months, we asked for 12 months and so on. If the Planning Council
recommends the standard number then all we would ask is the ability to ask for extension
through the manager if needed to.
Chairman Russell: You are not just asking to extend the time for a couple of month. You
basically asking to be able to move forward you asking for a year, which to me is a big
difference from six months.
Graham Penn: Again we have to go through you, we have to go through DERM, we have to go
through every other process that's involve in this process for the application we don't know
what's out there. Some application are a pain to go trough and it takes a while to get things
approve through. So we are trying to as fast as the City can move, and the County and that's we
just trying to provide ourselves with that flexibility. An again if the Council want to suggest a
lower number as long as the manager can provide us with time extension for good cause we're
fine with it. You now we had put in our language 12 months extension for both permits and for
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the construction through the Manager for good cause as long as that language is in there I'll be
more comfortable with the standard 180 days that the City is recommending. Because that would
allow us with ultimate flexibility if something comes up that put our feet to the fire to move
forward. I mean I can tell this entire package is necessary for us to go forward. So that mean
including and I know that we've already voted on it, including the filling portion of it the
gasoline portion of it with the absence of any of these element I'm either illegal to the City or
this is something we can't do. So again we are eager to move it forward we will, if the will of the
Council to return to the typical number we won't mind as long as I have the flexibility and ability
to seek an extension through the manager I'm fine.
Chairman Russell: Ms. Tydus,
Member Tydus: Thank you Mr. Chair, to the Director, what is the penalty to whatever
noncompliance to whatever terms that are set?
Mr. Gay: Usually the Penalty as it relates to noncompliance is usually towards the approval
process. There is not really any place you can place any real penalty that construed to financial or
things of that nature, if it don't meet a particular timeline you really have to measure it in the
scope of their development type and timeline. As a good corporate citizen we're expecting them
to be if they foreseeing difficulties ahead there the ability to seek an extended timeline will be
most appropriate. In some cases we've had property owners or developers who have proffered
differently in regard to this agreement and turned into deaf ear to the City and not following the
terms of those actions that they so desire to do. We're actually looking into having the ability to
retrieve back prior approvals for affected projects for lack of a better phrase and that's actually
Planning Council Minutes
05/05/2015
Page 28 of 43
another item. As far as this particular item we believe that they will follow through they have the
desire and they do have the team in place to do this particular project and go through this
particular process. We do not for see that there will be any particular issue with this project not
following through any particular timeline.
Member Tydus: Thank you.
Chairman Russell: Mr. Gay, so if I heard the gentleman correctly he said that regarding the gas
station it can hinder them from moving trough because the gas station didn't pass? Because he
said its either we want it or not? I didn't understand that statement please help me understand
that statement because it has been voted down.
Mr. Gay: With that particular item you have to look at this particular item in the same form of
other related type of Businesses Corporation such as FedEx or UPS. They do not drive up to any
particular gas station.
Chairman Russell: That's not what I asked.
Mr. Gay: I'm sorry, I misunderstood.
Chairman Russell: Due to the fact that the item didn't pass, and he said that whether we wanted
or not. Is that why he feels that he needs to more time to complete this project, that's all I'm
asking yes or no?
Mr. Gay: Yes, it can possibly hold up the project.
Planning Council Minutes
05/05/2015
Page 29 of 43
Chairman Russell: Ok, any other questions? Thank you, public hearing open: Dante Starks
once again, I made a comment, but after hearing the comments from the Community
Development Director gives me the mindset maybe he needs to sit down here with the company.
Because my position is on the welfare of the City, now how we get to FedEx and UPS and those
other company. I'm talking about Opa-locka they're in Hialeah. So whatever they went to in
Hialeah, amenities, they worked out with Hialeah it was good for Hialeah. In the City of Opa-
locka with the numerous amount of fire we've had, the County Commission is even concern
about the amount of fire we've had in the City of Opa-locka. I'm not trying to run a business out
and I'm not speaking against the applicant. I'm speaking on behalf of the City and so the
comments I made is in regards to the tax revenue. The City is going trough hardship therefore we
need to recognize when opportunities come for us to see revenue no matter how small of an
amount but it adds up. The acquisition is if they going to drop those tanks on the ground and
they're not going to contributing anything to the City tax revenue because of their exemption for
service station then in lieu of that they should put in the development agreement some type of
impact fee or monetary incentives even if based on a yearly basis especially for a company that
size whatever the Council or the City Commission decided or work out for that amount to be
then that's what it should be. It's not a matter of proffering for other city and what they're doing
is about the City of Opa-locka. That's why I got up, for us to seat here and the Community
Development Director give a shout to other company and other cities that's way out of line. I
want that on the record. I didn't hear you Council.
Member Tydus: I said thank you very much. I'm speaking through the Chairman I thought he
was in charge, Mr. Chairman, but raising your voice is not necessary.
Planning Council Minutes
05/05/2015
Page 30 of 43
Dante Starks: Thank you.
Chairman Russell: We don't want to go there, because I've heard voices rose louder before in
this place. He wasn't disturb or rudely so that's it. Public is open say what you have to say and
then we move on. Any other questions, public hearing still open, public hearing close. If there's
no further question can we get a motion to move it or reject this project?
Member Guerrero: I motion to approve the Development Agreement with the staff
recommendation.
Member Rodriguez: I second the motion.
Chairman Russell: We have a second can we get a roll call:
Upon Roll call, motion pass 5-0
Germane Barnes - Yes
Oria Rodriguez - Yes
Elio Guerrero - Yes
Rose Tydus - Yes
Calvin Russell - Yes
Graham Penn: Thank you very much.
Attorney Brown: 5th and final item. The applicant is the city of Opa-locka Community
Development address is 3400 NW 135th Street, Bldg. B, Opa-locka, FL 33054. The request is for
the City Commission to consider an ordinance adopting the city of Opa-locka HUD Community
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05/05/2015
Page 31 of 43
Challenge Grant base amendment to the Comprehensive Development Master Plan (CDMP) and
land use map also known as the sustainable Opa-locka 20/30 Comprehensive Plan and
authorizing transmittal to the Department of Economic Opportunity (DEO) and other review
agency.
Chairman Russell: Mr. Gay, you have a presentation, I like to say that, this issue has been on
board we been having a lot of workshops and meetings leading to one thing to another with this
project. So, I don't think we all have to spent a lot of time recapping and repeating over and over
what has already been said so let's get the facts out and get this project done then go home.
Mr. Gay: Mr. Chair what I like to do because this was an item that was deferred from our last
meeting and then the deferral was based on a document that was presented from our last meeting
by one of the Board Member relating to three amendments as it relates to the comp plan.
Basically what I like to do is to make a presentation to address what was discussed and how the
city is addressing the concerns relating to those amendments.
Chairman Russell: That's fine.
Mr. Gay: Ok, the first amendment and actually the document give several different references, I
guess you can say some comp plan language and in some cases the language reflected some item
that could be address by the comp plan and other cases the items were related to the Land
Development Regulation. This is the next document that will be brought before you. We
reviewed all that information and were able to determine which particular item need to go
forward as a part of the comp plan and which were to go forward as a part of the Land
Development Regulation. As it relate to the first item which dealt with the mix use. There was
Planning Council Minutes
05/05/2015
Page 32 of 43
expression of concern that the city had a zoning overlay for mix use and that particular zoning
overlay covers a significant amount of area within the city, when that particular item was first
proffered as a zoning overlay it only addressed at that particular time the major commercial
corridors that would be 135th Street, 27`h Avenue, Ali-baba Avenue and 22nd Avenue and the
connector those were the primary streets that they talked about. That particular document did not
have a map associated with it at the time, so that particular legislation was amended with a map
showing where this coverage actually occurred and the city commission approved that particular
item. As is stands right now that is legislation that has already been passed, its already been
codified and it is recognized within the industry today in order for the city to back track and try
to reduce the amount of areas that were a part of this mix use overlay the city would actually be
subject to some property rights issues, because you are now giving property owners an
opportunity to do mix use in certain areas of the city and for the city to go back and try to reduce
some of those areas, you actually would be subject to a law suit and we don't necessary want to
have the city in that particular position right now, at the same time we do have to recognize and
understand that was done by zoning and not by land use at that particular time. So that
particular item we feel that we cannot move forward with, and actually it's a zoning item there
are some land use language that we are including to recognize those areas that have already
moved forward as a part of that and those areas will be addressed within the comp plan and the
language will read as such, so that particular item in not going to be moved forward on at this
particular time. The other item is the second amendment relating to single family attached
homes, and when we looked at that particular issue we actually did not have any reservations at
all, introducing a new type of housing product to the city of Opa-locka. it's a housing product
Planning Council Minutes
05/05/2015
Page 33 of 43
that is being utilize in other part of the county and depending on the benefits of materials using
in construction, it can be viewed as an affordable option for those who desire to have a property
or house that is connected to another house, is very close and formal fashion to townhome
development,but in this particular case instead of you being attach to maybe four, five six
houses all connected together which is commonly called clustered homes, this is a situation
where you only have two in most cases that particular type of housing product is allowed within
our code as is right now and we are going through the process of amending the land use
regulation to identify and actually accept this as a potential housing product for the city of Opa-
locka. So that is an item that also will be addressed under the land use code and not necessary a
comprehensive plan item, because it will still be under a residential use, so that is how we are
going to be addressing that particular Amendment. The third amendment that was brought to our
attention focus on the area just west of the downtown area known as the barracks and it actually
ask us to look at and expend the mix use opportunities or having a mix use overlay apply to the
entire barrack area, as it relates to some of the studies that were done and there was one study in
particular that was done for the barrack area, this was a study that was commission by Opa-locka
community development corporation and it was conducted by University of Miami school of
architecture, we looked at that particular study and it recommended a gradual decrease in height
as you move from the focus area along Ali-baba avenue and then as you move further to the
north, it decreased in height and which basically mean it went from a median scale mix use
residential development, but by the time you got closer to the single family home the only option
that will be available as it relates to residential development would be your duplex housing or
townhome type development. The opportunity for a mix use to occur within that area of the
Planning Council Minutes
05/05/2015
Page 34 of 43
barracks area it did not seen to be as apparent because you decreasing in density and you are
decreasing in your ability to add a mix use which is in essence adding a commercial or a office
type use in addition to the residential use. That ability to do that as you got closer to the single
family home was reduced where we have the mix use occurring now is pretty much in between
Ali-baba avenue and fisherman which is where you have a higher opportunity of density as it
relates to the study and what was recommended as a part of that study, the study recommended
heights of anywhere from 5 to 6 story, you have an opportunity to introduce a mix use within
that particular area versus as you go further closer to the single family where the maximum
height that has been recommended by the study was 15 feet which pretty much says you either
doing a 2 story townhome or 2 story duplex. Based on that study and based on the information
that we were able to ascertain it made the best sense to us that the opportunity for mix use pretty
much occur within the area that are already covered by the mix use and about 40% of the lands
that are in the barracks area are subject to the mix use overlay which is in existence now. So
because we thought it would be a little bit premature to have the entire area designated as mix
use. It is our recommendation that the mix use overlay as it exist right now remain as it is and it's
primary in between fishermen and Ali-baba. That in essence address all of the concerns that were
brought forward in relationship to the Comp Plan I think we pretty address what was something
that could be address by the comp plan vs. something that will be address by the land
development Regulation and we will be presenting that particular document before you probably
within the next 30 to 45 days. So that you can see where that's much more applicable. That
concludes my presentation.
Chairman Russell: Thank you Mr. Gay. Any one has any question? No question.
Planning Council Minutes
05/05/2015
Page 35 of 43
Member Rodriguez: No question, I just have something to say and I want this on record.
Regarding the amendments those three amendments a Planning Council was the one who
presented them and it should have been OLCDC that should have come and presented it. We
have to understand that the Planning Council is a quasi judicial board. I don't think it's right for
a Councilman to speak on behalf of another company, I think it's illegal that should not have
happened. I don't think it's legal that's how I feel. I was ready to vote for the comp plan and then
when these three amendments were presented and I discovered that this councilman works for
the OLCDC and he is up here presenting those things and I think this is not right. OLCDC I have
nothing against you, and I know that you have done a lot of good things for the city but things
have to be done the right way. I think that's illegal and somebody should look into that because a
member of the board should not be representing another entity to me it's a big deal I don't think
that should have been done that way.
Member Barnes: Can I reply? Am I allowed to respond Mr. Chairman?
Chairman Russell: Sure.
Member Barnes: Just a clarification so that everybody on this board knows. I am not
contractually employed by the OLCDC on the record name Germane Barnes Councilman
appointed by Commissioner Pinder is not contractually employed by the OLCDC. So slandering
and saying that is false, so I just want that on the record thank you.
Chairman Russell: Ok, we are not going back in forth you both said what you had to say. let's
move forward with the agenda that we have ahead. At this time do we have anymore question for
Mr. Gay if not public hearing is open. I'm only going to allow 3 minutes no more than 5 minutes.
Planning Council Minutes
05/05/2015
Page 36 of 43
Mr. Cambric: (OLCDC Consultant) good evening Mr. Chairman and Councilmen I would
brief. So very quickly, Mr. Gay did outline for the three areas that has been a concerns for the
OLCDC in a nutshell, the corridor mix use, The Barracks and the magnolia gardens area to have
the ability to do single family detached homes. There are still concerns some of the concerns we
are at the cost of adopting a plan that change how the community functions. You should take
every opportunity while you do it to put forth the best comprehensive plan instead of delaying
action or using other techniques instead of using the plan itself. Very quickly in terms of the
corridor mix use areas; first and for most under Florida law until you take action in the
comprehensive plan there is no legal development right. Right now if I live or own any
properties within the corridor mix use overlay area and gotten an approval last year that the
zoning code allowed regarding a mix use development. The comp plan doesn't allow it and you
cannot under Florida law put a zoning code before the authorization of the comprehensive plan.
Additionally if there is a concern about Bert Harris, the last iteration of the comp plan in the mix
use you were doing 150 dwelling unit per acre for residential that amount of density has been
reduced in this version. So you do have latitude to make adjustments there. I think what you are
doing unfortunately you want to redevelop your downtown, you want to redevelop magnolia
north but you creating such an intense amount of completion by making mix use almost three
quarter of the City and also you haven't done any compatibility test. Cuyahoga has not yet been
redeveloped. You try to preserve the single family use you put where there is 36 dwelling unit
per acre plus commercial or office and so the initial study said that the limited area which is Opa-
locka blvd, from city hall to 27 avenue, 27th avenue from Opa-locka blvd to Sharazad, and then
Ali-baba from sesame and then west of on 27th, don't over allocate. You put the cart before the
Planning Council Minutes
05/05/2015
Page 37 of 43
horse. You can't take it back once you do it. But if you start up with target redevelopment then
you can go forward. Our recommendation as an amendment at this time if you get ready to move
the comp plan; is that you make the change to reduce the Corridor mix use area down to those
recommended amendments presented by the OLCDC, magnolia gardens area; the comp plan
specifically says low density residential shall be limited to single family detached unit. You can't
fix that in zoning by coming back later and saying g that I write a zoning code that in conflicts
with the comp plan to allow for single family attached. Fix the comp plan right now; two words
add a category addressing the magnolia gardens low density single family that starts the area
where you wanted to change. It's one quick change and it solved the problem also allows you to
see how that functions throughout other areas of the city. The Barracks; what you have done
there instead of a uniform development plan you have three area of redeployment instead of
treating all property owners uniformly now you get treated differently one plan of development
is the proposed, thank you.
Chairman Russell: Thank you sir, public hearing still open 3 minutes.
Dante Starks: The Barracks if you look at the Barracks and you look at Miami Lakes the
opportunity when you're talking about mix use. You can because that's a gateway coming in on
the west side of Opa-locka. That's my position on the mix use you can carve that out. Downtown
can't sustain itself without the use type coming in and that's going to pulled them in. on the very
east side where you talked about magnolia gardens specifically we have to carved out an area
that is very depressed that's a very depressed area. Even with what they talking about Cuyahoga
if you're going to build that up if you see that those are very large lot with just those small homes
there you'll never pull in new people. There is more senior living so if going to pull in that area
Planning Council Minutes
05/05/2015
Page 38 of 43
to build it up if you going to other part of the County the lots are big enough to put single family
attached unit. Just the area across from the magnolia north area south of state road 9 to Ingram
park and watch that blossom with the lake front and all of the amenities from the east side. Not
the rest of Opa-locka but if you do just that section. If you send it up without it then you have to
go the Commission and go to the process for every lot and when people find out they have to go
to a lengthy process for zoning instead of coming in and be able to build quicker that's when
they go to Miami Gardens, and elsewhere as they allowing the new attached homes more
affordable for young people to come in and get homeownership, thank you.
Chairman Russell: Thank you, public hearing still open. Public hearing close. With our 20/30
Comprehensive Development Master Plan, there has been a lot of effort added, this board has
been very active along with community development conducting workshops just to come to an
agreement in order to move this comp plan for the City forward that's important and also we had
asked that the two parties to come together and talk things out and that opportunity has been
given. I'm not speaking for everyone else; we have to move the city forward. As we move the
city forward things goes to the Commission and whatever else and zoning that's going to be done
we make sure to continue to work together in unity to make sure it's getting done. There we
can't keep holding the process because we can't come to a total agreement on everything. So I
think you for your effort or what have you, so at this time the comp plan as bee presented to us at
least three time and we already know what it is before us. If there is no other question we need a
motion to send this 20/30 Comprehensive Development Master Plan forward or denied.
Planning Council Minutes
05/05/2015
Page 39 of 43
Member Guerrero: I give a motion to move it forward as it stand; I'm confused about one
thing. During the last meeting Mr. Barnes presented some amendments then we tabled it, does
that motion still stand or.
Chairman Russell: That motion was withdrawn. Mr. Gay: can we get some clarification from
the attorney. Attorney Brown: the Motion was withdrawn so that motion is not on the floor any
more. Mr. Gay: recommended against those amendments. Chairman Russell: therefore what is
before us tonight is the original 20/30 Comprehensive Development Master Plan.
Member Guerrero: I motion to approve that.
Member Rodriguez: I second it.
Chairman Russell: Can we have roll call.
Upon Roll Call, motion pass 4-1
Rose Tydus - Yes
Oria Rodriguez - Yes
Germane Barnes - No
Elio Guerrero - Yes
Calvin Russell - Yes
Chairman Russell: Any other business by staff or update, I hope you are not keeping us for
long.
Planning Council Minutes
05/05/2015
Page 40 of 43
Mr. Gay: There is no other business but I do have some news it's my understanding that one of
our board member is going to be leaving us. Ms. Oria Rodriguez is going to be taking new
residency up Central Florida, I guess she will be part of a new Planning Council Board and I
believe this is her last Planning Council Meeting in the City of Opa-locka so I would like to say
thank you for the services you've provided to the city not just as a board member on the Planning
Council but also as a former employee of the city of Opa-locka. A lot of great things that have
been done under your stewardship and leadership. Therefore we thank you for all that you have
given this great City, we appreciate it.
Member Rodriguez: It has been great pleasure for me to serve the city, I love the city. I sure
hate to leave but life goes on we have to move on because our family and kids are up in Central
Florida we've decided to go up there now but I'm taking the city with me in my heart and I thank
everybody that has been so good to me all these years. I've worked for the city for 30 years and
was very happy during that whole time. Thank you all.
Chairman Russell: I mostly thankful for all that you've given me on how to conduct the
meetings and I'm still trying to learn and wish you and your family well and just don't forget us.
Member Rodriguez: No I will never forget. I'm always online checking on Opa-locka.
Planning Council Minutes
05/05/2015
Page 41 of 43
V OTHER BUSINESS:
No Other Business
VI ADJOURNMENT
Chairman Russell motioned that the meeting be adjourned.
Meeting adjourned at 9:13pm
Planning Council Minutes
05/05/2015
Page 42 of 43
Submitted by
Kinshannta Hall
Planning Council Clerk
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
Planning Council Minutes
05/05/2015
Page 43 of 43
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Record and Return to:
(enclose self-addressed stamped envelope)
Graham Penn,Esq.
Bercow Radell&Fernandez,P.A.
200 S.Biscayne Boulevard,Suite 850
Miami,Florida 33131
This Instrument Prepared by:
<<. l !, ,Esq.
3400 NW 135 Street
Opa-Locka,Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEENTHE GREAT CITY OF OPA-LOCKA,FLORIDA;
AND FRANMAR PROPERTIES OF SOUTH FLORIDA,LLC
THIS DEVELOPMENT AGREEMENT ("Agreement") is made and entered into this day of
, 2015 ("Execution Date") by and betweenFranmar Properties of South Florida, LLC (the
"Owner"),a Florida limited liability company,with the address of 6575 Southern Boulevard,West Palm
Beach, Florida 33413and 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 8.40 acresof land located on
NW 123 Street, partially within the municipal boundaries of the City and identified by Miami-Dade
County Tax Folio Nos.08-2129-0180-0010 and 30-2129-0180-0010(the"Property"),the legal description
of which is attached hereto and made a part hereof as Exhibit"A";and
WHEREAS, the City's Commission adopted Resolution Number approving a
MasterSite Plan for the Proposed Development type which includes approximately 19,000 square feet of
office and garage space,as well as approximately 150 surface coach parking spaces;and
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 anOwner 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 andfinancing,
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
Folio Nos.08-2129-0180-0010 and 30-2129-0180-001ODRAFT FOR APPLICATION FILING—
SUBJECT TO NEGOTIATION
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 ft. 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 aka t+r .
(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,Franmar Properties of South
Florida, LLC, a Florida limited liability company, with the address of 6575
Southern Boulevard,West Palm Beach,Florida 33413and/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.
Folio Nos.08-2129-0180-0010 and 30-2129-0180-OOIODRAFT FOR APPLICATION FILING—
SUBJECT TO NEGOTIATION
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami-Dade County,
(1) "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 theSite 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) "Academy Bus Facility" is the Final Site Plan approvedby the City Commission
via Resolution No. for a bus garage,office and surface parking.
(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 surfaceand
includes any improvements or structures customarily regarded as land,except as
provided herein.
(p) "Land Development Regulations"means ordinances,rules and policiesenacted 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,comprehensiveplans,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 Owner.
(s) "Project" is the Academy BusFacility as described a„ = _?` ..� «
(t) "Property"means the approximately 8.40 acresof land located on NW 123 Street,
partially within the municipal boundaries of the City and identified by Miami-
Dade County Tax Folio Nos. 08-2129-0180-0010 and 30-2129-0180-0010,the
legal description of which is attached hereto and made a part hereof as Exhibit
"A."
Folio Nos.08-2129-0180-0010 and 30-2129-0180-OOIODRAFT FOR APPLICATION FILING—
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(u) "Public Facilities" means major capital improvements, including, but notlimited
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.
(v) "Resolution" means the resolution defined in the preamble to thisAgreement,
City of Opa-Locka Resolution Number approving the Opa-Locka
Academy Bus Facility.
4. Intent. It is the intent of the Owner and the City that thisAgreement 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` , 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 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
anacceptable 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
Folio Nos.08-2129-0180-0010 and 30-2129-0180-OOIODRAFT FOR APPLICATION FILING—
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as required by the City in accordance with Miami-Dade County permitting
requirements.
(b) All Public Facility improvements required by the City, by Miami-DadeCounty,
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 itsgraphic and verbal
representation submitted to the City Commission in order to receive approval of
the Academy Bus Facility.Such items include,but are not specifically limited to:
• Design of all physical structures, water bodies, private and public
improvements
na
s , F .;d; }9f=^,f:d-ya.,i t.al >kk+..<.. • ;-.. ..,} ...,Z., 1....± ..a. t.sb.
.}, fi,„..,,sk
.....surd ........Sce`'
• All landscaping , loading and parking spaces must be provided and
maintained as shown on the site plan.
(e) Owner guarantees to preserve and maintain all building andstructures consistent
with the Academy Bus Facility plan for the entire period in which the Owners
own the land or control 51% ownership of the Property, or control 5% of any
entity to which his agreement has been assigned,sold or otherwise transferred.
(f) Owner shall submit annual reports and additionaldocumentation to the City as
required by the Resolution to verify continuing compliance with the Resolution.
(g) i Ownerwill not physically alter or substitute the design of structures,
materials and colors included in the Academy Bus Facility 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 the Owner to
prove that said materials or colors are in fact unavailable.
(h) The Owner, and any Successors or any other Owner of the
property shall not apply to the Value Adjustment Board to obtain a lower
assessment on the subject property of this Development Agreement during the
thirty(30)years this Development Agreement is in effect.
(i) Owner agrees that the City may enter onto the Property to confirm compliance
with the terms of this Agreement.
(j) 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
Folio Nos.08-2129-0180-0010 and 30-2129-0180-001ODRAFT FOR APPLICATION FILING—
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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.E d, ;41 a,ki. E•. 111 l ii iLf `. c3■. (1=; ^r, i`c ii.
l.. Fi
■.:'�3 i1,a (lc, oiA'1�. t' t}. d <ri ,1,
1 1.1191,
(k) ;a; 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.
(I) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(m) The following timeline the Developer must comply with applies immediately
upon approval of thisAcademy Bus FacilityDevelopment Agreement and remains
subject to the City issuing all necessary approvals in a timely manner:
• Mustsecure Building permits:within 12 months.The City Manager may
grant a single 12 month extension for good cause shown.
• Must start construction:within 18 months.The City Manager may grant
a single 12 month extension for good cause shown.
• Must complete project: within 36 months.The City Manager may grant a
single 12 month extension for good cause shown.
10. Development Permits. In accordance with Section 163.3227(f), F.S., the City 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) Modifications to existing approvals and permits, including the Proposed Project
Name/type Site Plan
(c) Water,sewer,paving and drainage permits;
(d) Building permits;
(e) Sign permits;
(f) Certificates of use and occupancy;and
(g) Any other official action of the City and/or Miami-Dade 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.
Folio Nos.08-2129-0180-0010 and 30-2129-0180-0010DRAFT FOR APPLICATION FILING—
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•
(h) Any City liens, fees, code violations or unpaid assessments shall be satisfied
prior to the execution of this agreement.
(i) All currently non-compliant physical structures or vehicles shall be removed
prior to the execution of this agreement.
11. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(d),
F.S.,the City and the t 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
thisProposed Project Name/type 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 for the period of this Agreement.
h, • 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 of the requirement to pay impact fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g),
F.S.,the City hereby finds and declares that the E 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.
13. 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
14. 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,
Folio Nos.08-2129-0180-0010 and 30-2129-0180-001oDRAFT FOR APPLICATION FILING—
SUBJECT TO NEGOTIATION
approve with conditions, or reject any public hearing application dealing with the
Property.
15. 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
,,s., r 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 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 ri 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.
16. 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 theirobligations
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.
17. 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
City of Opa.-Locka
3400 NW 135th Street Bldg.B
Opa-Locka,Florida 33054
With a copy 4.° ' 3 441 3 Esq. ' Formatted:Justified,Indent:Hanging: 0.77",
City Attorney Tab stops: -1",Left+Not at 3.5"
,Florida Formatted:Justified,Indent:Left: 0.23",
Hanging: 2.19",Tab stops: -1",Left+Not at
If to the ka 3 t. 3.5"
, ■ at:
Franmar Properties of South Florida,LLC
6575 Southern Boulevard
West Palm Beach,Florida 33413
Attn.:Joseph Ferrara
With a copy to: Graham Penn,Esq.
Bercow Radell&Fernandez,P.A.
200 S.Biscayne Boulevard,Suite 850
Folio Nos.08-2129-0180-0010 and 30-2129-0180-OOIODRAFT FOR APPLICATION FILING—
SUBJECT TO NEGOTIATION
Miami,Florida 33131
18. Governing Laws,Construction and Litigation.This Agreement shall be governed and
construed in accordance with the laws of the State of Florida.The <=•_+a. �;�: t? �.
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 thatare 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
19. 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.
20. 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 s, 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.
21. Indemnification. The ,,,=,x= 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.
22. 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
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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.
Folio Nos.08-2129-0180-0010 and 30-2129-0180-OOIODRAFT FOR APPLICATION FILING—
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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:
Folio Nos.08-2129-0180-0010 and 30-2129-0180-001ODRAFT FOR APPLICATION FILING—
SUBJECT TO NEGOTIATION
OWNERS/OWNERS
Franmar Properties of South Florida,LLC,a
Florida Limited Liability Company
WITNESS:
By:
Signature Name:
Title: Manager
Print Name
Signature
Print Name
STATE OF FLORIDA )
COUNTY OF MIAMI-DADE)
The foregoing instrument acknowledges before me this day of , 2015by
as Manager of Franmar Properties of South Florida,LLC,a Florida limited liability
company, who is personally known to me or has produced
asidentification, 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:
Folio Nos.08-2129-0180-0010 and 30-2129-0180-001ODRAFT FOR APPLICATION FILING—
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EXHIBIT A-PROPERTY
10TH ADDN TO SEABOARD IND PARK PB 158-44 TR A LESS BEG SE COR OF TR A
IN SEC 28 TH S 87 DEG W 25FTN 01 DEG W 1198.27FT SELY AD135.88FT SO1 DEG E
1064.81 FT TOPOB
Folio Nos.08-2129-0180-0010 and 30-2129-0180-001ODRAFT FOR APPLICATION FILING-
SUBJECT TO NEGOTIATION
Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No. I S-o =o 1--01
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING
TO THE APPLICATION OF:Academy Bus Facility
FOR COMPREHENSIVE PLAN AMENDMENT(SMALL SCALE)APPROVAL TO CHANGE THE
LAND USE FROM UTILITY TO INDUSTRIAL OF THE ABOVE MENTIONED PROPERTY
DESCRIBED BY ITS LEGAL DESCRIPTION SPECIFICALLY FOLIO NO.08-2129-018-0010.
WHEREAS, applicant has appeared before this Board for the request in the application,and all
evidence, documents and exhibits have been received and marked pursuant to the Code of
Ordinance of the City of Opa-locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
1) That the request in the application by the applicant be and the same is hereby
a. APPROVED 111 DATE:05-05-2015
b. DENIED 0
c. NOT DETERMINE until additional consideration at the regular meeting to be held
on /_/`
2) That the following special condition be and they are hereby imposed, conditioning the
determination aforementioned:
a.
b.
***The Planning Council Approval of this request was approved by a 5—0 vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and
correct copy as is reflected upon the public records of the City of Opa-locka this day of
4,114:7
Chairperson or Designee
III. Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No.SP-15-OS-O S-0 Z
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING
TO THE APPLICATION OF:Academy Bus Facility
LAND DEVELOPMENT REGULATION/ZONING CODE ORDINANCE 86-8 TEXT AMENDMENT
APPROVAL REQUEST TO ADD"SERVICE(FILLING)STATION: No motor vehicle service
(filling) station or gasoline pump shall be permitted on any lot or within any
structure in this district except where necessary to service vehicles used solely in
connection with the licensed business permitted on such lot and, when so
located, shall not be visible from view from the street".TO ARTICLE 6.11 THE 1-2
(LIBERAL INDUSTRIAL)AS PROPOSED SUB-SECTION 6.a
WHEREAS, applicant has appeared before this Board for the request in the application,and all
evidence, documents and exhibits have been received and marked pursuant to the Code of
Ordinance of the City of Opa-locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
5) That the request in the application by the applicant be and the same is hereby
g. APPROVED ❑
h. DENIED DATE:05-05-2015
i. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held
on_/_/
6) That the following special condition be and they are hereby imposed, conditioning the
determination aforementioned:
a.
b.
***The Planning Council Approval of this request was denied by a 3—2 vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and
correct copy as is reflected upon the public records of the City of Opa-locka this day of
(3k
Chairperson or Designee
IL Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No.SP-15 Rom-Ov 'OS -'O 3
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING
TO THE APPLICATION OF:Academy Bus Facility
FOR SITE PLAN APPROVAL REQUEST TO CONSTRUCT AND OPERATE THE FOLLOWING:A
6,000 SQ.FT. OFFICE BUILDING,EMPLOYEE PARKING,A 12,400 SQ.FT.BUS GARAGE,AND
150 OPEN BUS PARKING SPACES.
WHEREAS, applicant has appeared before this Board for the request in the application,and all
evidence, documents and exhibits have been received and marked pursuant to the Code of
Ordinance of the City of Opa-locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
3) That the request in the application by the applicant be and the same is hereby
d. APPROVED II DATE:05-05-2015
e. DENIED 0
f. NOT DETERMINE [J until additional consideration at the regular meeting to be held
on_/_/,
4) That the following special condition be and they are hereby imposed,conditioning the
determination aforementioned:
a.
b.
***The Planning Council Approval of this request was approved by a 5-0 vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and
correct copy as is reflected upon the public records of the City of Opa-Iocka this day of
adje; e.14411tif
Chairperson or Designee
IV. Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Resolution No.SP-15-0 5": -0
RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING
TO THE APPLICATION OF:Academy Bus Facility
TO CONSIDER A DEVELOPMENT AGREEMENT APPROVAL FOR THE NEW CONSTRUCTION
AND OPERATION OF THE FOLLOWING:A 6,000 SQ.FT.OFFICE BUILDING,EMPLOYEE
PARKING,A 12,400 SQ.FT.BUS GARAGE,AND 150 OPEN BUS PARKING SPACES.
WHEREAS,applicant has appeared before this Board for the request in the application,and all
evidence, documents and exhibits have been received and marked pursuant to the Code of
Ordinance of the City of Opa-locka.
NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS:
7) That the request in the application by the applicant be and the same is hereby
j. APPROVED III DATE:05-05-2015
k. DENIED
1. NOT DETERMINE 0 until additional consideration at the regular meeting to be held
on_/_/_
8) That the following special condition be and they are hereby imposed, conditioning the
determination aforementioned:
a.
b.
***The Planning Council Approval of this request was approved by a 5—0 vote***
I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and
correct copy as is reflected upon the public records of the City of Opa-locka this day of
(1611;(2 ektid
Chairperson or Designee