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16-9195 Request of Soma Properties for Development Agreement to Construct a 104 Market Rate Residential Unit Project
Sponsored by: City Manager RESOLUTION NO. 16-9195 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SOMA PROPERTIES FOR DEVELOPMENT AGREEMENT TO CONSTRUCT A 104 MARKET RATE RESIDENTIAL UNIT PROJECT, THAT WILL CONSIST OF 64 ONE BEDROOM ONE BATH UNITS AND 40 TWO BEDROOM ONE BATH UNITS OF WHICH 10 UNITS WILL BE AVAILABLE AS LIVE/WORK MIXED USE UNITS (ON THE GROUND FLOOR FACING THE PARKING LOT) ON THE 2.01 ACRES OF LAND LOCATED AT NW 22ND AVENUE AND NW 138TH STREET, ON PROPERTY WITH FOLIOS 08-2122-011-0310; 08- 2122-011-0260; 08-2122-011-0250; 08-2122-011-0240; CONTAINING 87,748 SQUARE FEET OR 2.01 ACRES MORE OR LESS BY CALCULATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the property described herein is zoned B-2 Commercial Liberal Business District; and WHEREAS, the applicant requests Development Agreement approval in order to construct a 104 market rate residential unit project, that will consist of 64 one bedroom one bath units and 40 two bedroom one bath units of which 10 units will be available as live/work mixed use units (on the ground floor facing the parking lot) on the 2.01 acres of land located at NW 22nd Avenue and NW 138th Street, on property with folios 08-2122-011-0310; 08-2122-011-0260; 08-2122-011-0250; 08-2122-011-0240; and WHEREAS, On May 5, 2016, the City of Opa-locka, Florida Planning Council Board recommended approval of the Development Agreement by a vote of 3-0 subject to the conditions set forth and included herein below in section 3. Resolution No. 16-9195 WHEREAS, The Development 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 Development Agreement as proposed by SOMA PROPERTIES. NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY COMMISSION FOR THE CITY OF OPA LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka, Florida hereby grants SOMA PROPERTIES Development Agreement approval to construct a 104 market rate residential unit project, that will consist of 64 one bedroom one bath units and 40 two bedroom one bath units of which 10 units will be available as live/work mixed use units (on the ground floor facing the parking lot) on the 2.01 acres of land located at NW 22nd Avenue and NW 138th Street, on property with folios 08-2122-011-0310; 08-2122-011-0260; 08-2122-011-0250; 08-2122-011-0240;, consistent with the Site Plan and Planning Council's recommendation attached hereto as "Exhibit A." Section 3. • All required and necessary information including landscaping elements must be tabulated on the site plan. add north arrow to the site plan • All drainage plans, building plans must reflect the proposed site plan. • All signage shall comply with the City's Sign Code Ordinance no. 15-31; • All landscaping and parking areas must be provided and maintained as shown in the Site Plan; • Irrigation plans reflecting all proposed landscape areas shall also be submitted • Compliance with resolution 5058, fare share agreement; Resolution No. 16-9195 • Maintain 100% the use, function, or any recommendation the planning Council Board deem necessary for the SOMA PROPERTIES 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; Section 4. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1st day of Tune, 2016. /yea Tay or Mayor Attest to: 4' Jo a Flores Ci Clerk Approved as to form and legal sufficiency: Vincent T. Brown, Esq. The Brown Law Group, LLC City Attorney Moved by: COMMISSIONER SANTIAGO Seconded by: COMMISSIONER KELLEY Commission Vote: 4-0 Commissioner Kelley: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES 2ONW NEIGHBORS SUNDAY MAY 15 2016 MIAMIHERALD.COM • .Arthritis & Rheumatic GOLD • JEWELRY • COINS ART}iR11lS Disease RHEUMATIC S peciaiues DIAMONDS DS:A SFr,1ALTIES ROLEX • STERLING • CARTIER AA VINTAGE & ESTATE JEWELRY ITEMS r' # FACI', ACR ALL PLATINUM JEWELRY &WATCHES 1 1 & Y hobeNt Did FA R Ivory-,lade-Gold-Gov't Coin Sets-Tiffany < s" r15 ; F s" "• Silver Items-Antiques-Currency-Collections r;� ; T " e�1' I � c Eli Bur Old Wedding Gills cc('uAYOnte./e'n'elrr �, Fair.Reliable&Honest Dealings...Since 1974 t " a "" ' ' Strasser, PA- Fes,' ; International Society of Appraisers We understand the urgency of your symptoms and promise, $10$7 N Olf.,;ourt,Sute 200,AVenture FL 33180: • CALL FOR QUOTES • to see you within 24 hours of your call 305-652-6676 Ftlxt 305 932 63351 ii '.iheum.cave.com Free Verbal 05-665-599We Make • Osteoarthritis • Rheumatoid Arthritis Our on-site services include X-ray, Appraisah 5 House(alh • Osteoporosis • Psoriatic Arthritis Ultrasound,MRI,Infusion Therapy, • 93 St./US-1•Next to Shorty's BBQ&Datran Metrorail Systemic Lupus • Gout Physical Therapy,Bone Density and • Disorders of the Spine • Fibromyalgia • Other Connective Tissue Disorders On Site Services Clinical Research WEBUY COINS Board Certified in Rheumatology and Internal Medicine 35 years of experience specializing in all Estate & Appraisal Services, Inc. forms of Auto-Immune and Musculoskeletal Disorders CITY OF OPA-LOCKA NOTICE TO THE PUBLIC NOTICE IS TIERED}G1'E\0, the City('on/musIon of the(ay,(11palnka,Ronda will hold ptllchIsW.I II.Regular Como-moon M..m nW,dn...rlay.May_2,.2010 a17'00 IM In tlx AU0lonum a Sherhnral)ltllagc21.1'.1.,,N.muc Op.lock:.1-1,01.I,.,Ihrler the li,lls/m @i.nx: SECOND READING ORDINANCE/PUBLIC HEARING:: ANORDINANC II III'1111'C I COMMIS SION OF 1111!CI 1Y101:OPA.I 01 KA.FI ORIDA.AUDI'PINC,AMIINDMIN'I S'I 07111,WAI'I.R SUPPLY III 0E1 III CITY'S COMPRI IIINSIVII DIVE I()PMLNI MAS11.R.PI AN AI.SO KNOWN AS 1111.-SI IS'IAINARI.E OPAL OCKA 20'10 I UMPRI!I IINSI)'Ii PI AN'-ORIUNAN('Ii NO.1,-20.1013E(1124511,11 NI'WITH 111E CITY'S PROI'OSID 2015 20-YEAR WAI FR SUPI'I_1'I(('II.II IRS WORK PLAN AND INil AN('L'.l'OURUINAIION WI I II 1111. I I I 111.OI)IDA WAII:R MANAGI MI:NT DISIIRIC 1':Ali IUORI/ING I l l ANSMITf01 III III II 1)1111101)1 PARIMINI'OF IICONOMIC OPPUkrUNI'IV AND RR VILW0(1 WITS:PROVIDING 1:011 SEVER ARIL ITY AND('(1111111ArION:PROVIDING FOR CON11.11 I ANI)I1IPI:ALIK:PROVIDING FOR AN N_II IT I'IS I.DAITr.S1 rored6,I:if RESOL11rIONSJPUBI.IC HEARINGS) A R I.SOLU1111N 111 1111 MAYOR AND(11Y COMMISSION OF"III CI V III OPA-1 0(KA 110 CC/NS0IR'1111.111QULSI'OF SOMA PROPIR'III S FOK 111 r PLAN SPPROVAI 1'l)COINS 10110 I A 104 MARKT I RA fl.RISIDINI101.I MIT PROJIC'I.I11AI AIL!I(ONSI11 0104 ON I HIDRO(1M ON100111 UNIT S AN))401WO BEDROOM OW DA111 UNI TS OF WHICH 111 UNI TS WII 1 Ill:AVAII MAX AS L101-WORK MIXCU1151:(NHS ION TI IF 0RO 31ND11.001 FACING 111F PARKING I 01)0N1'1112.01A('1111 OF I.AND 1(x'0111)AT 22ND AV I:N111,AND NW 131111 SIRI':II:ON PIt01'I R'I)WITH EOLIO.S 0R-2122-011-0310.II3-2122-3111 0260 01-2 122-011-02,0 03-2122-011-0240 LIIGAL1}IIIS('RIHI11 AS TI IE SOUTH 51'11:1-1 Or 1)10110.II,SS'11111iAST 2011;1'1 FOR RI(JII I(l1'-WAY 131.01'I.110-A.1 OMMUNI'I)GARDENS. ACCORDING 10 111E PINT 111 RIDE AS III(011011)IN PI.AI BOOK 3 1.Ar PAGE 5.DI PU131 IC Ill CORDS or MIAMI-DADI COON 1 17.FLORIDA:AND I_OIS 1 3.1 4.1 5 AND 16.1310('K I50-A.I"I S 2 110 20 Fl1l1I IOR 111111101)-WAY.COMMON'I Y 1,00D'NI ACCORDING 1011 11 PLAT1111311.1i.017 AA R!111111)11 IN PI.A1 1300K 31.Al-PA(il'.5.011111;I')OILIC RECORDS OF MIAMI-DADE COI IN TY.FI ORIDA:AND 1001'11111 WI T111.S0U'll1 1170111'IL OF TI IF_NOR711 117 40 1-I 1101 111A(1 A LESS'1711:1AS1 20 OL I TL 1'1011 RIGII1-10I-WAY.131 011‹I,Ir A.AI COMMIINI 1')GARDENS,ACCORDING IT)1 1 1 1 PLAT 1111J;1110E-.AS 111(0111)11 IN PLAT BOOK'I-.V 1'AOl 5.01''1111 1I113II('RI!('ORDS OF M I}M1-11ADF COON IT..1/(1111110 AND 1001.:11117R W1111 1111'NOR 1112,0 Ili 1 OE II IF 11/12111 100.00111;I03 TRACT A.1 I.SS 1111 IAST 20.01 11.1 1 I1FGI 11-0F-W'AY.III(R:K 150-A,COMMUNl10 GAk11 NS.ACCOI(I)ING"1'10 011;PI_AI-I ill l(1 O1 AS 11111)111)1II IN Pry BOOK 3I.AI NWT 1 0 1111::P11111.11 RI;1111DS 101 MIAMI-DADI COUNII'.IIORIUA_CI NIAINING 17.748 SQ11N21 VIII II OR 2.0I Al'RLS MORE:OR 1 LSS 13Y CALCULATIONS'PROVIDING FOR INCORI'OkA10N OF RI('1A1 S.PROVIDING FOR AN 11111(1'111 1AIF. A RI SOLI 0110N 01'1111E MAYOR AND Cl fV COMMISSION OF 1111:('IIY OF OPA-I-0('K AII)CUNSID1111731:RI110111'11 1 Or SOMA PRO)')R"IIF S FOR DE1,1LOPM1:141'AGM MI-NI APPROVAI.IT)CONS'IRI1C7 A 104 MARKI'I RAI 111111))N 1101.11 NI'I PROJECT I IA)1V 111. CON5)5)OF 3411N),131 BROOM 1)NL 13A111 UNITS AND 40'1'WO 01 DR(IOM ONE 1101'13 UNITS OF WI MCI 1011N1IS WILI,I3)AVAII.AHl r FOR I.!VI WORK MIX/A)USE 118111,(ON 1111 GROUND 11(110101'A('ING'11II.PARKING 1.011 ON 11112.01 ACRES OI LANG I.0(CAi ID AI 22ND AV)N111.AND NW 1161 H 11)1111 ON PROPIR'I)WI FOI.10S 08-2122-01 I-OHO.03-7122-0/I-0260 05-2122-011-0250.08-2122-011.0240.I IGA11_0 DES(R(131M AS 1111;5017111 10 ll)I'III'1RA1 T A LESS 111R RAS1 21111:111100 RI(.II1-101-W'AI'.131()CK 110-0 COMMUNI'I')I,ARDINS.ACC(1(11N0 TO-1111:PI Al'1111:1(11111.AS RFA'ORD1.1)IN 1'I L Al'1400K 31-AI PAGI:.5.OF 111>P11131"1('RI3(ORDS(1F MIAMI-DADI 111)1NIY PI ORIDA AND 10FS I+_14.15 AND 16.131.00r.110-A.LESS DIT IAST 20 I.1 1'012 RI(311I-(11"WAY_ COMMIINIIY GARDENS_ACCORDING 10 III)-)').Al 1)1)11101 AS It1101D)12)IN PLA1111106 3 1.Al MO.3.Or Il1I 111111.1(121((111)0 OF MIAMI-DADI.11011819,111)111110.AND 7T1GI 11H.R W1111 1111,SOU 111 1 1 7!0 11E OF 1111 NOR 1 H 107.90 NIL I OF IRA-1 A_Li ss 1111.1:AS I''-0.(1011.1."1 FOR 1(1(11-01-W'AY.131 0(6)111-V OCR .Al'COMMON I I')GAI(DI NS.ACCORDIN0'I0111E PI AI"111111)01:AS RI-CORDED IN PLA1 BOQK,I.Al PAGE 5.01 111r P11111.IC 11110111)S OF M IAM TUN)-CO11111Y.11 011100:AND 1001.IIII:R W111 I.IIII.NOltll) 2,0)1.1 011131:S001)1,00.0011:11'OF1'RAC I A.1.111SS 111E IAN120.0011 1)RICA11=0F-WAY,111)(3 110-A COMMUNE"!Y GARIIFN'S.A000KI)ING 10'111)1''I A I 10111111 0)AS RI'ORD)I)IN PI.AT 13003.31-AI-1'001115.OI"I'I IF 111)111IC 1(1('ORI)1 OF MIAMI-DADI COI1N10_ 1■(111)05 CONI AMINO 57.743 SQI.}RI IH1)OR 2 I ACIt1S MORIi OR 1"ISS 139 CA1.111)AI IONS:PROVIDING 1OR INCORPORATION 01111I(1)01S.PROVIDING 1(1 1 1 0 14 1 1))1"IIVI 1)011 A 111-.Sol II ION Or 11-11_CI1 Y COMMISSION 01 1111 CI IT OF OP.A-1_OCKA'TO C'(IN.SID)II 1/II R)QUI:ST'01 130101.MANI AR CO SO)0)F1 OR1DA SCHOOL 01'I!\CFI LI NI 1 1011 SIPS PL AN AI'PROVAI'10(11')2011:A CI INICAL 1:1)1)1'AI 111N 0111001 Al 3400 NW I;''I II SIRE")AI PROP/.:RI'Y 1 1)1 14 1 1 1 1):D 13}'1(11.10 NO 01"1254103 4/340_UN 21223 1107 11200:III,l_1 007-0290:110,01 L}'DLS('111111'.D AS LOTS I.2. 4 AND 6.IN 131 OCR 107 OF NII.I ARDI NS SLCfIONS 1 AND II.ACCORDING 1'01'1-IF PI A'1"1111:111:01.RI('ORD11)IN I'L_91 HOOK 3 1,Al PAC'.42.01 I IT 11)1111.11'0)011RUS 1)1 DAM('OIJN IV..ILORIDA.AND1111 14)1 1 0 1 1-1 1 1 1 1:1'01 111:1:AS'I I OF 1RA1'1303.101 REVISIT 01 Al 0l'PORTIONS OF 1310('KS 701-302-3)1 01 NI1.1 GA111))NS SEC 1ION ONE:A('CORDIN)i 111 1111:I'LAI 1111R1 Ill1O12D1:D IN PI.AT BOOK 1S.AI'PAGI:50.OF'111171113110 RECORDS 101'111 DADE COUNTY 1,1 ORIDA10RMIRLY KNOWN Al:1_O'I S.IN MOCK 111:III=N II I 1•011111 NI 5)1 lION 1AND)1.AS 121CORDl:D IN PIA]'111110K 31,Al PAGE 42.or 1)11 1111111 I('RICoRDS 01 DAN-(OLIN Il'.FLORIDA AND'111)NOR)H 11011:171 OF TI3E W LS 1'101111 AC 1 301.011111V ISID PI Al 01'I'Ok HUNS OF 111 0CKS)01-102-707 01 NIL)GARDENS SI:CIONS 1 AND 11 AS R1('ORD110 IN PI_AT 13(0K 31_PACT 42.01-"IIIE I III31.1(;1(I1 010)5 or DAD1:room A FI.(1000_AND 1111 S01)111s0151.1 1 1)1'1111:NORIl1 III 1=":F1'Or 1111.1AS'I I I'1 I1ACI 311.OI l III REVISED I'IAI OF POR'T'IONS OI131.(1('KS 101-302-703 OF NII I.GARDENS SEC 1 ION ONC:.AS RECORDED INK A1'11(N)K II Al'I'AO]:l0.1)1'1111 1111111.1('121.COI100 OF DAZE COUNIY.1101111)1_10RM1,111.0 KNOWN AS 1.017 AND DI)81111110 111 I OT'101 9 o 2 1 2(1 1 11,0 1 0)NII F.GAIIDENS SIT"IIONS I AND 11.A00012DIN0'II)1113E Pi.A1111).11)111 111(1111:1)IN PLAT BOOK I AI PACE 43.017111 NOR IC RECORDS 011)AUI 1rl111115 110)110A CON IAINISO 95.404 SQUARL FITT OR'_.IS ACRES M0111 OR 11,SS BY(Al(III.Al IONS('1001'IDINC.FOR INCORPORATION OF 111(11110.PROVIDING TOR AN 1111;(1'IVI DII I 13di<nul Inlrmai oonlhe Moen.m:may M:Main.)to the ORie:of 11.City()llc 730 I shermen S1',,I Fl.or(10-1.6-'_Honda 370,4_All 1114 .ldp.n men.n,mrag.dn,uu:,J lhcu mee00gs and vll he lxvrd,lilh n"apr.l oth.PUhli.h.anngs_ l l,,,,rdan.z aitl(0,A nar.a a v.rth1),./bIlows Act of 1990 p,rsol,rus,11n3•petal accortunod.moos to 1r 1'Spa a in the procecdnp.1,1,1,1 onO.111.,110,0 11 the(1y Clerk n(:0519,•28011 411 acs,'-n ool.wo than 3swil 1 7 1 rlw,poor 10 Ilw pr,,,I r Invoong impa )0 1 1 1)ir,I. 1..2-phon, th,Flom).,Rehy Service 4)(800)W-8771 Y1.13001 951-3770 1 Vo1,41177)05'-1171(Spani.hl o1(,771951.5707(Creole 1. PURSUANT 10112.000105:An„In / I.. appeal a01 o made bl am l nd.aq,n,l n r no, a 111 s.1',111 nn n ,a_il...,I 1 rliup or hennng dl needureel.rl nJ;he l, l and for 110,1"a,n rm0 ueedl.•,.!,a1e 'node.11111.11 reeled Inelud,r the 11111110110 and upon upon is hi.G the appeal seal be I'.,ed. JOANNA FLORES,CMC CITY CLERK OQP.LOC/rC Op �OA1OO R pS�9N City of Opa-locka Agenda Cover Memo Commission Meeting May 25, 2016 Item Type: Resolution Ordinance Other Date: (Enter X in box) X Yes Ordinance Reading: 10 Reading 20'Reading Fiscal Impact: (EnterX in box) X Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: (N/A) Advertising Requirement: Yes No N/A (Enter X in box) X Contract/P.O. Required: Yes No (Enter X in box) X RFP/RFQ/Bid#: N/A Yes No Strategic Plan Priority Area: Strategic Plan ObjJStrategy: Enhance Organizational Strategic Plan Related Bus. &Economic Dev ■ New Development (EnterX in box) X Public Safety El Quality of Education Qual.of Life&City Image • Communication 0 Sponsor Name City Manager Department: Community Development Short Title: Resolution of the Mayor and City Commission of the City of Opa-locka to consider the request of SOMA Proerties, LLC. For Development Agreement Approval to construct a 104 market rate residential unit project, that will consist of 64 one bedroom one bath units and 40 two bedroom one bath units of which 10 units will be available as live/work mixed use units (on the ground floor facing the parking lot) on the 2.01 acres of land located at 22nd avenue and NW 138th Street, on property with folios 08-2122- 011-0310; 08-2122-011-0260; 08-2122-011-0250; 08-2122-011-0240; Containing 87,748 Square Feet or 2.01 Acres more or less by calculations. Providing for incorporation of recitals; Providing for an effective date. Staff Summary The applicant requested information concerning the permitted uses of the B-2 zoning district and the opportunities for this site within the corridor mixed use overlay. Staff provided documents pertaining to permitted uses specifically for the B-2 zoning district and the regulations of the Corridor Mixed Use Overlay. Staff also provided the deadlines for submission of all the required documents including the Planning Council applications, site plan requirements, the fee schedule and the format of a development agreement. During the month of March, 2016, staff met with the applicant, the applicant's Attorney and Architecture team and reviewed the proposed project Site Plan and set forth the requirements in order for this project to be in compliance pursuant to the City's Comprehensive Plan and Land Development Regulation/ Zoning Code Ordinance no. 15-31 and the following was Resolution—SOMA Properties Request for DA Approval 05-25-16 1 determined: A Site Plan is required; A Development Agreement is required; No Variance is required. The applicant, SOMA Properties, LLC, submitted a proposal to use the subject property to construct a 104 market rate residential unit project, that will consist of 64 one bedroom one bath units and 40 two bedroom one bath units of which 10 units will be available as live/work mixed use units, on the grount floor facing the parking lot, on the 2.01 acres of land located at NW 22nd Avenue and NW 138th Street with 134 on site parking spaces. The applicant submitted a Planning Council application for Site Plan approval request on March 30th,2016. The site plan consisted of a sealed certified survey, general notes and specifications, civil site plan, grading and drainage plan, water main plan, detail sheet, vehicular circulation plan, landscape plan, tree disposition plan, lighting photometric plan and architectural elevations. In addition to the Planning and Community Development and Zoning review this site plan was also subject to a Development Review Committee (DRC) process by which other City of Opa-locka Departments reviewed this site plan. After all reviews were done,this request was then 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, 2016. At this meeting, the Planning Council recommended approval of this Site Plan along with other requirements provided by city Staff. A Development Agreement is required along with all other requirements set forth in the Development Agreement and or are not limited to the following: Compliance with resolution 5058, fare share agreement, Ensure that the property would: a. be served by water and sewer; b. follow current signage and dumpster enclosure regulations; c. include the landscaping and parking details as specified in the site plan; d. employ City of Opa-locka residents during construction phase • The Planning Council recommended approval of this site plan by a 3-0 vote with all other requirements recommended by Staff, Planning Council. The applicant submitted a Planning Council application for a Development Agreement approval request on March 30th, 2016. 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). 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,2016.At this meeting,the Planning Council recommended approval of this Development Agreement along with other requirements provided by city Staff,and the Planning Counci. • The Planning Council recommendation for approval of this Development Agreement was approved by a 3-0 vote with all other requirements recommended by Staff, Planning Council, and The City Commission. (see attached resolution) Proposed Action: Staff recommends approval of this Resolution. Attachments: 1. Planning Council Application—Development Agreement 2. Development Agreement 3. Planning Council Meeting Minutes 05-05-2016&Resolution 4. City Commission Resolution DRAFT Resolution—SOMA Properties Request for DA Approval 05-25-16 2 04 4s(p O`4p Oq 41 0' Memorandum TO: Myra L. Taylor, Mayor Timothy Holmes, Vice Mayor Terrence K. Pinder, Commissioner Joseph L. Kelley, Commissioner Luis B. Santiago, Commissioner FROM: David Chiverton, City Manager DATE: May 13, 2016 RE: RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SOMA PROPERTIES, LLC FOR DEVELOPMENT AGREEMENT APPROVAL TO CONSTRUCT A 104 MARKET RATE RESIDENTIAL UNIT PROJECT, THAT WILL CONSIST OF 64 ONE BEDROOM ONE BATH UNITS AND 40 TWO BEDROOM ONE BATH UNITS OF WHICH 10 UNITS WILL BE AVAILABLE AS LIVE/WORK MIXED USE UNITS, ON THE GROUND FLOOR FACING THE PARKING LOT, ON THE 2.01 ACRES OF LAND LOCATED AT NW 22ND AVENUE AND NW 138TH STREET ON PROPERTY WITH FOLIOS 08-2122-011-0310; 08-2122-011-0260; 08-2122-011-0250;08-2122-011-0240. Request: Resolution of the Mayor and City Commission of the City of Opa-locka to consider the request of SOMA Properties, LLC. For Development Agreement Approval to construct a 104 market rate residential unit project, that will consist of 64 one bedroom one bath units and 40 two bedroom one bath units of which 10 units will be available as live/work mixed use units (on the ground floor facing the parking lot)on the 2.01 acres of land located at 22nd avenue and NW 138th Street, on property with folios 08-2122-011-0310; 08-2122-011-0260; 08-2122-011-0250; 08-2122-011-0240; Containing 87,748 Square Feet or 2.01 Acres more or less by calculations. Providing for incorporation of recitals; Providing for an effective date. Description: The applicant requested information concerning the permitted uses of the B-2 zoning district and the opportunities for this site within the corridor mixed use overlay. Staff provided documents pertaining to permitted uses specifically for the B-2 zoning district and the regulations of the Corridor Mixed Use Overlay. Staff also provided the deadlines for submission of all the required documents including the Planning Council applications, site plan requirements, the fee schedule and the format of a development agreement. During the month of March,2016,staff met with the applicant, the applicant's Attorney and Architecture team and reviewed the proposed project Site Plan and set forth the requirements in order for this project to be in compliance pursuant to the City's Comprehensive Plan and Land Development Regulation/ Zoning Code Ordinance no. 15-31 and the following was determined: A Site Plan is required; A Development Agreement is required; No Variance is required. The applicant, SOMA Properties, LLC, submitted a proposal to use the subject property to construct a 104 market rate residential unit project, that will Resolution—SOMA Properties Request for DA Approval 05-25-16 1 consist of 64 one bedroom one bath units and 40 two bedroom one bath units of which 10 units will be available as live/work mixed use units, on the ground floor facing the parking lot, on the 2.01 acres of land located at NW 22nd Avenue and NW 138th Street with 134 on site parking spaces. The applicant submitted a Planning Council application for Site Plan approval request on March 30th, 2016. The site plan consisted of a sealed certified survey, general notes and specifications, civil site plan, grading and drainage plan, water main plan, detail sheet, vehicular circulation plan, landscape plan, tree disposition plan, lighting photometric plan and architectural elevations. In addition to the Planning and Community Development and Zoning review this site plan was also subject to a Development Review Committee (DRC) process by which other City of Opa-locka Departments reviewed this site plan. After all reviews were done, this request was then 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, 2016. At this meeting, the Planning Council recommended approval of this Site Plan along with other requirements provided by city Staff. A Development Agreement is required along with all other requirements set forth in the Development Agreement and or are not limited to the following: Compliance with resolution 5058, fare share agreement, Ensure that the property would: a. be served by water and sewer; b. follow current signage and dumpster enclosure regulations; c. include the landscaping and parking details as specified in the site plan; d. employ City of Opa-locka residents during construction phase • The Planning Council recommended approval of this site plan by a 3-0 vote with all other requirements recommended by Staff, Planning Council. The applicant submitted a Planning Council application for a Development Agreement approval request on March 30th, 2016. 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). 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, 2016. At this meeting, the Planning Council recommended approval of this Development Agreement along with other requirements provided by city Staff, and the Planning Council. • The Planning Council recommendation for approval of this Development Agreement was approved by a 3-0 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 15-31 Planning Council Recommendation: Planning Council recommendation for approval passed by a 3-0 vote. Staff Recommendation: Staff has recommended approval of this Project. Resolution—SOMA Properties Request for DA Approval 05-25-16 2 Attachment(s) Planning Council Application—Development Agreement Development Agreement Planning Council Meeting Minutes 05-05-2016 City Commission Resolution DRAFT Prepared By: Gerald Lee,Zoning Official/Planner Gregory Gay, Director Planning and Community Development Department Resolution—SOMA Properties Request for DA Approval 05-25-16 3 Page 1 of 5 " THE GREAT CITY " _,.1 ucw ( ' o3, PLANNING COUNCIL MEETING SCHEDULE AND REQUIREMENTS FY 2015-2016 TOTAL FEES: $ J 0 0 . New Fees as of October 1,2015 FY 2015-2016 Meeting Dates Date Application Found Sufficient 1st Tuesday of Each Month) October 6,2015 August 22,2015 November 3,2015 September 19,2015 December 1,2015 October 17,2015 January 5,2016 November 21,2015 February 2,2016 December 19,2015 March 1,2016 January 16,2016 April 5,2016 February 20,2016 May 3,2016 March 19,2016 June 7,2016 April 24,2016 July 5,2016 May 21,2016 August 2,2016 June 18,2016 September 6,2016 July 23,2016 1. All individuals seeking to appear before the Planning Council must submit a complete Planning Council application, with the required documents and fees totaling(established by ordinance),paid by check or money order to the City of Opa-locka.Failure to submit all documents and fees will result in your case not being scheduled to be heard at a meeting. 2. If the applicant seeking to appear before the Planning Council is not the property owner he must provide an affidavit of authorization from the property owner. 3. All regular meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers, Meeting Time 7:00 P.M. (time and location are subject to change,please check with the Planning and Community Development Department for exact time and location of the meetings). 4. Application package must include all required documents per checklist and fees of The City of Opa- locka. The application will be reviewed by the Department and will be scheduled for the next PC meeting upon finding of sufficiency. 5. Your are required to complete and return this application along with all the information and documentation(see page 2 check list)requested to the: City of Opa-locka Planning&Community Development Department 780 Fishermen Street 4th floor Opa-locka,FL 33054 Telephone: 305-953-2868,Ext. 1503 Facsimile: 305-953-3060 Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 " THE GREAT CITY " By: Oily 'F Date: G " � --:y Up�acogoc� A c _.: PLANNING COUNCIL APPLICATION APPLICATION NUMBER:G170 5-0 ECK NUMBER: Q 000(p 7 DATE RECEIVED: 2) 3 l l 40 PROPERTY OWNER'S NAME: 4 /I.,pe: TtQs I C PROPERTY OWNER'S ADDRESS: f4= S'° A0ev CR Atee t2o 9 Co("G/ Get44s, Fc Number/Street City State Lip Code 33/V6 APPLICANT'S NAME: go* 4.7A /7'6PceT.ZE% zLC APPLICANT'S ADDRESS: /44 S AMOru 6.4 At/E. 14209 ra 1 GQ IBC J re. 33 Number/Street City State/Bp Code PHONE NUMBER: OFFICE 0%.5--to 65-/931 HOME -30S"yam' OTHER SUBJECT PROPERTY ADDRESS: Number/Street�- 2r2z r/ 3�o O2p a,Sa, 0140 o It7-a -o �o ,p TAX FOLIO NUMBER: PRESENT ZONING: - /mxU O C) LEGAL DESCRIPTION: See 4 16 c I e d 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 Other-Please specify: (�(ZCC/1}G►l► Add any additional information that may be of importance to this request: Page 3 of 5 Reference to Ordinance 13-08 Ordinance 86-8 Section 4.13 and Section 4.4 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 i t be submitted. r/ompleted application form pplication fee payable to the City of Opa-locka by check or money order jopy of property owner's and/or applicant's driver license/photo I.D._,_.Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized) completed Neighborhood Petition form (attached) with the signature of each property owner in front,in the rear, to the left and to the right of the subject property, indicating his or her support for the proposed project. (Must include name,address,folio and phone number). 1 All preliminary and final site plans,along with property survey, must be submitted on CD-Rom disc in Cad and PDF format. Fifteen(15)certified boundary and topographic surveys of the property(size 36 x 24 inches).(The submitted property rvey must not exceed a maximum of two(2)year;from date created in order to be considered acceptable by the City of Opa-locka) Fifteen (15) copies of Site Development Plan showing all drainage, water, sewer, structures, landscaping and p'king in accordance with the City's zoning ordinance;(size 36 x 24&at least 7 Sealed Copies .,//Map showing parcel to be considered and all properties' legal descriptions thereof, within 375' radius of 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) J Narrative concept must be submitted with application AF'F'IDAVIT I, /14,oreLJ / L r* eing first duly sworn,depose and say that I am the OWNER of the property ,and I understand that this applicatio st be complete and accurate before a public hearing can be advertised. Signature �., ......���' ���i 3,f3i/r 6 -,t •y., MYoc Date `c£?4 1 f .vs :,t( e. ..y• '4 v� -ns Sworn to and subscribed before me: �� oti ':o ` r rt S5(,. Ss� �,�i�` is 31 day of �Q(e.. \ '1.O 1 W ii14.Z. •.... .... �``y,�• . ��'����O011llllll)111111�� My comntission expires O t I Ii I 2101 a No Public Attach copy of identification Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 opo+.,LOChq Page 4 of 5 ,of' i „ p U o ' ' 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: ICpr-4?N C Orr►R f i.J g6-CARD 7 b J✓Q i»Tr-r oG ,9diD SEc•'•E.t v ,9&4Zo.,AC F64. (7 t.'€Cot°42W, A6R, -*-4 j.!7.7 - Subject: Power of Attorney (authorization for a person, other than the property owner, to speak in the property owner's behalf). � � . 4,...,--k,-..-.I ,being first duly sworn,depose and say that I am the owner of the property legally described as: Fv4 a8'-2/22.- al/-03/US 02.6o,, 023, 02_46 I do give to 4uti dt y, //9'?/-714.4...., eAc-4 - the power of Attorney and authority to speak in my behalf in reference to the abg`edesscriibed property. Further, by affixing my notarized signature to this document,I also authorize / o�° to negotiate and commit to the City Commission and City Administration in my behalf. I wil ide by all final determinations of the City Comjinjosiand City Administration. ��. ���.......� ice. Signature .1":".3-'7*-`,�`3 °79.s... Date s `.� c` ' :8, Sworn to and subscribed before me: �i/� 4.................. ; `G���`` i . �4lifiti111N���� his \ Sf ay of 1�QY r t. �v� ' - My commission expires: 1°1 t. t otary Public Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 END OF SCHEDULE B SECTION II Copyright American Land Title Association. All rights reserved. !; The use of this Form Is restricted to ALTA licensees and ALTA members In good standing as of the date duse. All other uses are prohibited. Reprinted under license from the American Land Title Association. ' ALTA Commitment(6/17/06)(with FL Modifications) 1 of 3 Order No.: 5507096 Customer Reference: SOMA Exhibit"A" continued The South 50 feet of Tract A, less the East 20 feet for right-of-way, Block 150-A, COMMUNITY GARDENS, according to the Plat thereof, as recorded In Plat Book 31, at Page 5, of the Public Records of Miami-Dade County, Florida; and Lots 13, 14, 15 and 16, Block 150-A, less the East 20feet for right-of-way, COMMUNITY GARDENS, according to the Plat thereof, as recorded in Plat Book 31, at Page 5, of the Public Records of Miami-Dade County, Florida; and together with: The South 117.90 feet of the North 187.90 feet of Tract A, less the East 20.00 feet for right-of-way, Block 150-A, COMMUNITY GARDENS, according to the Plat thereof, as recorded in Plat Book 31, at Page 5, of the Public Records of Miami-Dade County, Florida; and together with; The North 250 feet of the South 300.00 feet of Tract A,less the East 20.00 feet right- of-way, Block 150-A, COMMUNITY GARDENS,according to the Plat thereof:as recorded in Plat Book 31, at Page 5, of the Public Records of Miami-Dade County, Florida. Copyright American Land Tittle Association. All rights reserved. s_ The use of this Form Is restricted to ALTA licensees and ALTA members In good standing asaf the date of use. All other uses are prohibited. Reprinted under license from the American Land Title Association. ALTA Commitment(6-17-06) Page 1 of 5 Page S of 5 Attach copy of identification 1:• • ;J PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: LEGAL DESCRIPTION: PROPERTY OWNER'S NAME: PHONE: ADDRESS(If different): Signature Reference to Ordinance 1543 Land Development Reguladonal Zoning Code:Ordinance 15-31 BELLON ARCHITECTURE INC 13131 SW 132 Street Suite 104 Miami Fl.33186 T.305-278-7776 AA26002616 March 29, 2016 Re: Proposed 104 Unit Apartment Building NW 22 Ave and NW 138 Street Opa-Locka, Florida PROJECT NARRATIVE: Soma Properties, LLC ("Developer") intends to construct 104 market rate residential units ("Project") on the 2.01 acres of land located at NW 22nd Avenue and NW 138th Street ("Property") in the City of Opa-Locka ("City"). The Property is currently vacant and is located within the City's MUOD zoning district. The Project is consistent with the permitted uses in the district. The Project will consist of 64 one bedroom one bath units, and 40 two bedroom one bath units. As proposed, the Project will also include an approximate 300 square foot business center on the first floor. Additionally, in furtherance of the City's desire to encourage a mixed use development within the MUOD district, ten units in the Project will be available for tenants or live/work tenants. In keeping with the forward moving vision of the City, the proposed design of the Project will incorporate a modern and contemporary architectural theme. This Project will be the first market rate residential development in the City in over 25. years. If approved, it could spur further economic development and investment in the area. Further, as a vacant parcel the City is reaping minimal benefits either financially, or aesthetically. Once improved,the Property can serve as a catalyst for investment and will create an attractive space in the community. Notwithstanding the improved appearance, the City also stands to recognize a $5million dollar tax benefit on the improved land. As designed, no variances will be required to construct the proposed Project. The modern architecture will enhance the area through the use of a symmetrical design pattern which incorporates a common central corridor and creates a sense of community within the complex. The sense of community is enhanced through the creation of a central courtyard system which encourages positive neighbor interactions. 134 on-site parking spaces will be provided, and the Project will have more than 27%open space. Leopoldo Bellon AIA ,-Project Architect _ 7 f e__ d.„-)a LpGpoldo Bellon AIA, principal Registered Architect FLAR0008737 (305)790-2626 a CITY OF OPA-LOCKA, FLORIDA 7 8 8 COMMUNITY DEVELOPMENT & PLANNING DEPARTMENT CUSTOMER'S RECEIPT (nicItod 31 , 20 < d ^7 A m a Code No. L 0 M Received of c fno rnAirttoitsirT `. �'U N tom%w� Z I I Address l`t 5t A V,Lt CA t\V *a o q coax L GABU S, Ft $g Description'bey a4Ytn etaT A(ACE-wiGkii ,ap„ am . FuS -fin- peep. &Asps bi)-2t21-ott-b3tt 0 2,10 ' oaSb; ody0 t'g CAL F '0000tii Dollars$3€ tO f 2 IRO Make all checks payable to I ^ "„+ City of Opa-locka.Florida Ca ier WHITE—Customer Copy YELLOW—Office Copy PINK—Department Copy Reorder from Forms&Supplies Direct for SKYLINE.(800)992-1970 FORM# 703000 0 COPYRIGHT 2 (�. . r _ . ,.. ,e.. lIIIIi. ..• Invoice No. Inv.Date Inv.Amount Disc.Amt Description Vchr Net Amount 03/30/16 3,500.00 0.00 SOMA-DEVELOPERS AGREEMENT 00073 3,500. 3,500.00 GL Ace! 6015-0000 MILL II, 3 5N) I 1 Record and Return to: (enclose self-addressed stamped envelope) Hope W. Calhoun,Esq. 1 East Broward Boulevard Suite 1800 Fort Lauderdale,Fl 33301 This Instrument Prepared by: Vincent Brown, Esq. City Attorney City of Opa Locka 780 Fisherman Street 4th Floor Opa Locka,FL 33054 SPACE ABOVE THIS LINE FOR RECORDING DATA DEVELOPMENT AGREEMENT BETWEEN THE CITY OF OPA-LOCKA AND SOMA PROPERTIES,LLC THIS DEVELOPMENT AGREEMENT("Agreement")is made,and entered into this of 2016 ("Execution Date") by and between Soma Properties, LLC, a Florida limited liability company("Owner")with a mailing address of 1450 Madruga Avenue#209 Coral Gables, FL 33146 and the City of Opa-Locka,Florida,a municipal corporation and a political subdivision of the State of Florida ("City"), with a mailing address of 780 Fisherman Street Opa Locka, FL 33054. WITNESSETH: WHEREAS, the Owner is the fee simple owner of approximately 2.01 acres of land located at NW 22 Avenue and NW 138th Street within the municipal boundaries of the City and identified by Miami-Dade County Tax Folio Nos.: 08-2122-011-0310, 08-2122-011-0260, 08- 2122-011-0250,and 08-2122-011-0240(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 master site plan for a mixed use development which will include 104 units(64 1-bedroom, 1-bath, and 40 2-bedroom, 1-bath),a 230 square foot business center,and a 230 square foot leasing center ("Project"); and WHEREAS,the City has determined that the project complies with all of the requirements of the City's existing zoning for the Property and the City's Comprehensive Plan and Unified Land Development Regulation Code, and no waivers and/or variances are required for the project as proposed;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 an Owner that it may proceed in accordance with existing laws and policies, subject to the conditions of a development agreement, strengthens the public planning process, encourages sound capital improvement planning and financing,assists in assuring there are adequate capital facilities for the development, encourages private participation in comprehensive planning, and reduces the economic costs of development;and WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to the proposed development of the Property and wish to establish identifiable parameters for future development;and WHEREAS,the City Commission pursuant to Resolution No. , adopted on authorizes the City Manager to execute this Agreement upon the terms and conditions set forth below,and the Manager of Owner have authorized the Owner to execute this Agreement upon the terms and conditions set forth below; and NOW,THEREFORE,in consideration of the conditions,covenants and mutual promises herein set forth,the Owners/Owners and City agrees to as follows: 1. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein by reference. All exhibits to this Agreement are hereby deemed a part hereof. 2. Consideration. The Parties hereby agree that the consideration and obligations recited and provided for under this Agreement constitute substantial benefits to both parties and thus adequate consideration for this Agreement. 3. Definitions. (a) "Additional Term" 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 Owners/Owners. (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. 2 (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, Soma Properties,LLC,a Florida limited liability company and/or any of its respective successors,assigns, or heirs thereof. (f) "Development" means the carrying out of any building activity,the making of any material change in the use or appearance of any structure or land,or the dividing of land into three or more parcels and such other activities described in Section 163.3221(4),P.S. (g) 'Development Permit" includes any building permit,zoning or subdivision approval,certification,special exception, variance,or any other official action of local government having the effect of permitting the development of land. (h) "Effective Date" is the date this Agreement is recorded with the clerk of the Circuit Court in and for Miami-Dade County, (i) "Entire Term" is the total term of this Agreement,combining the Initial Term thirty(30)years and the Additional Term,as defined herein. (j) "Execution Date" is the date that all parties have affixed their signatures to this Agreement. (k) "Existing Zoning" is(a)all entitlements associated with the City's approval of the Project,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. (1) "Governing Body" means the City of Opa-Locka's City Commission or successor entity. (m) "Initial Term" is thirty(30)years commencing on the Effective Date. (n) "Land"means the earth,water,and air,above,below,or on the surface and includes any improvements or structures customarily regarded as land,except as provided herein. (o) "Land Development Regulations" means ordinances, rules and policies enacted or customarily implemented by the City for the regulation of any aspect of development and includes any local government zoning,rezoning, subdivision, building construction,or sign regulation or any other regulations controlling the development of or construction upon land in effect as of the Effective Date. 3 (p) "Laws" means all ordinances,resolutions,regulations,comprehensive plans, Land Development Regulations,and rules adopted by the City of Opa-Locka affecting the development of land in effect as of the Effective Date,including Opa-Locka's Unified Land Development Regulation Code,the Ordinance and the Resolution Number (q) "Project" is mixed use project which includes 104 units(64 1-bedroom, 1-bath,and 40 2-bedroom, 1-bath), a 230 square foot business center, and a 230 square foot leasing center,and a 230 square foot leasing office. (r) "Property" means the approximately 2.01 acres of land located at NW 22 Avenue and NW 138th Street in the City of Opa Locka and identified by NW Miami-Dade County Tax Folio Nos.:08-2122-011-0310,08-2122-011-0260,08- 2122-011-0250,08-2122-011-0240,the legal description of which is attached hereto and made a part hereof as Exhibit"A." (s) "Public Facilities"means major capital improvements,including,but not limited to transportation,transit, sanitary sewer, solid waste,drainage,potable water, educational facilities,parks and recreational,and health systems and facilities for which the City's Comprehensive Plan sets forth required levels of service. (t) "Resolution" means the resolution defined in the preamble to this Agreement, City of Opa-Locka Resolution Number approving the Project. 4. Intent. It is the intent of the Owner and the City that this Agreement shall be construed and implemented as a development agreement among the parties pursuant to the Florida Local Government Development Agreement Act, Section 163.3220 through 163,3243,F.S.,("Act"),in compliance with section 4.16 of the City of Opa-Locka's Unified Land Development Regulation Code,the Ordinance and the Resolution. 5. Effective Date. Immediately upon approval by the City and execution by all parties, the City shall record, with recording fees paid by the Owner, the Agreement with the clerk of the Circuit Court for Miami-Dade County. This Agreement shall become binding on the Effective Date.Notwithstanding the Effective Date provided herein and required by Section 163.3239,P.S., the City and the Owners/Owners shall act in good faith to carry out the intent of the Agreement upon the Execution Date. 6 Term of Agreement and Binding Effect.This Agreement shall run with the land,remain in full force and effect,and be binding on all parties(including the Owner)and all persons claiming under it for an Initial Term of thirty (30)years from the Effective Date, and may be extended for one or more Additional Tenn(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 4 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. Upon the expiration or termination of this Agreement the Property shall be subject to all then applicable land use terms and regulations of the City. 8. Development Conditions. In accordance with Section 163.3227(c), F.S., the Owner agrees as follows: (a) All impacted Public Facilities shall be adequate to serve the Property at an acceptable level of service prior to the issuance of a building permit and the City will maintain the availability of said services for the Project until the Certificate of Occupancy is issued for the Project,and shall be served by water and sanitary sewer main extensions as required by the City in accordance with Miami-Dade County permitting requirements. (b) All Public Facility improvements required by the City,by Miami-Dade County, Florida,or voluntarily proposed by the Owner to be installed by Owner shall either (1)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 materially deviate from the terms of its graphic and written representation submitted to the City Commission in order to receive approval for the Project. Such items include,but are not specifically limited to: • Design of all physical structures, private and public improvements, as needed in accordance with the Project site plan. • The architectural and dimensional characteristics of the building and materials. • All landscaping and parking spaces must be provided as shown on the site plan. • Make available,non-exclusively, 10 units for live work tenants. (e) Owners guarantee to preserve and maintain all buildings and structures consistent with the Project site plan approval for the entire period in which the Owners own the land or control 51%ownership of the Property. (f) Owners will not materially alter or substitute the design of the project included in the Site Plan except as approved by the City in the City's sole discretion. In the 5 event that the project must be altered, the burden shall be on Owners/Owners to prove that the project as originally presented is not feasible. (g) All trash and garbage containers shall comply with all City dumpster enclosure requirements. 9. Development Permits. In accordance with Section 163.3227(t), F.S., the City may need to approve the following additional development permits upon proper submission of all requirements,and City review or inspections,in order for the Owner to develop the Project: (a) Site plan (b) Water, sewer,paving and drainage permits (c) Building permits (d) Sign permits (e) Certificates of use and occupancy (f) Any other official action of the City and/or Miami-Dade County,Florida or other applicable regulatory agencies having the effect of permitting the development of land or providing permits required for the development of Property (g) Any liens,fees,code violations or unpaid assessments shall be satisfied prior to the execution of this Agreement 10. Public Services and Facilities; Concurrence. In accordance with Section 163.3227(d), F.S., the City and the Owner/Owners anticipate that the Property and the Project will be served by those public services and facilities currently in existence as provided by the State of Florida,Miami-Dade County, the City, and/or as contemplated in Project site plan. The Property and the Project will also be served by any and all public facilities provided in the City's Comprehensive Plan,specifically including but not limited to,those public facilities described in the Comprehensive Plan's Capital Improvements Element.For the purposes of concurrency, the City hereby agrees to provide, reserve, and allocate sufficient public facility capacity, including but not limited to water, sanitary sewer, solid waste, drainage, fire and police to serve the development of the Project on the Property. All development orders or permits sought to be issued for the Project pursuant to this Agreement are hereby found to meet concurrency standards set forth in the Comprehensive Plan(concurrency regulations) and to be consistent with Land Development Regulations, so long as the Owner/Owners constructs the Property in compliance with the City's Laws, Comprehensive Plan and Land Development Regulations in existence as of the Effective Date. Owner/Owners shall be bound by the City impact fees and assessments in existence as of the Effective Date of this Agreement. Nothing in this paragraph shall relieve the 6 Owner/Owners of the requirement to pay impact fees and assessments prior to the issuance of building permits. 11. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S., the City hereby fmds and declares that the Owner's 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. 12. 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 Plat 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. 13. Zoning and Other Approvals. The parties hereto recognize and agree that certain provisions of this Agreement require the City and its boards, departments or agencies, acting in their governmental capacity,to consider governmental actions,as set forth in this Agreement. All such considerations and actions shall be undertaken in accordance with established requirements of state statutes and municipal ordinances, in the exercise of the City's jurisdiction under the police power. Nothing in this Agreement shall be construed to prohibit the City from duly acting under its police power to approve, approve with conditions,or reject any public hearing application dealing with the Property. 14. Necessity of Complying,with Local Regulations Relative to Development Permits. In accordance with Section 163.3227(i),F.S.,this Agreement is not and shall not be construed as a development permit or authorization to commence development.The Owners/Owners and the City agree that the failure of this Agreement to address a particular permit, condition, fee, term or restriction in effect on the Effective Date of this Agreement shall not relieve Owners/Owners of the necessity of complying with any and all regulations governing said permitting requirements, conditions, fees, terms or restrictions as long as compliance with said regulation and requirements do not require the Owners/Owners to develop the Property in a manner that is inconsistent with the Laws of the City of Opa- Locka in existence as of the Effective Date. 7 15. Good Faith: Further Assurances. The parties to this Agreement have negotiated in good faith. It is the intent and agreement of the parties that they shall cooperate with each other in good faith to effectuate the purposes and intent of and to satisfy their obligations under this Agreement in order to secure to themselves the mutual benefits created under this Agreement. In that regard,the parties shall execute such further documents as may be reasonably necessary to effectuate the provisions of this Agreement, provided that the foregoing shall in no way be deemed to inhibit,restrict,or require the exercise of the City's police power or actions of the City when acting in a quasi-judicial capacity. 16. Notices. Any notice required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been given if delivered by hand, sent by a recognized courier(such as Federal Express) or mailed by certified or registered mail, return receipt requested,in a postage prepaid envelope and addressed as follows: If to the City at: City Manager City of Opa Locka 780 Fisherman Street 4th Floor Opa Locka,Florida 33054 With a copy to: Vincent Brown,Esq. City Attorney 780 Fisherman Street 4a'Floor Opa Locka,Florida 33054 If to the Owner/ Owners at: Soma Properties,LLC Mr. Andrew Herskowitz 1450 Madruga Avenue Suite 209 Coral Gables,FL 33146 With a copy to: Hope Calhoun,Esq. Dunay, Miskel, and Backman,LLP 14 SE 4th Street Suite 36 Boca Raton, FL 33432 Diego Rodriguez VRM Companies 420 S Dixie Hwy, Ste 4K Coral Gables,FL 33146 8 17. Governing Laws, Construction and Litigation. This Agreement shall be governed and construed in accordance with the laws of the State of Florida.The Owners/Owners and the City agree that Miami-Dade County, Florida is the appropriate venue in connection with any litigation between the parties with respect to this Agreement. All of the parties to this Agreement have participated fully in the negotiation and preparation hereof; and accordingly,this Agreement shall not be more strictly construed against any of the parties hereto. In construing this Agreement, captions, and section and paragraph headings shall be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and made a part of,this Agreement.In the event of any litigation between the parties under this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable attorney's fees and court costs at all trial and appellate levels. Pursuant to Section 163.3241,F.S.,if state or federal laws are enacted after the execution of this Agreement which are applicable to and preclude the parties' compliance with the terms of this Agreement, such Agreement shall be modified or revoked as is necessary to comply with the relevant state or federal laws 18. Severability. In the event that any term or provision of this Agreement is determined by an appropriate judicial authority to be illegal or otherwise invalid,such provision shall be given its nearest legal meaning or construed as deleted as such authority determines, and the remainder of this Agreement shall be construed to be in full force and effect. 19. Entire Agreement. This Agreement sets forth the entire Agreement and understanding between the parties hereto relating in any way to the subject matter contained herein and merges all prior discussions between the Owners/Owners and the City.Neither party shall be bound by any agreement, condition,warranty or representation other than as expressly stated in this Agreement and this Agreement may not be amended or modified except by written instrument signed by both parties hereto and in accordance with Section 163.3225, P.S. 20. Indemnification. The Owners/Owners shall indemnify and hold harmless the City, its elected and appointed officials,employees,agents and assigns from and against any claims or litigation arising from this Agreement instituted by third parties. 21. Periodic Review of Agreement.Pursuant to Section 163.3235,F.S.,the City shall review the Property subject to this Agreement at least once every 12 months to determine if there has been demonstrated,good faith compliance with the terms of this Agreement. If the City finds, on the basis of substantial competent evidence, that there has been a failure to comply with the terms of this Agreement, this Agreement may be revoked or modified by the City. 9 [SEE FOLLOWING PAGES FOR SIGNATURES] 10 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 ,2016 Approved for form and legal sufficiency: City Attorney: 11 OWNERS/OWNERS SOMA PROPERTIES,LLC,a Florida limited liability company. WITNESS: V___ Qs_ 1 Signature Name:Andrew Herskowitz \f A Title: Managing Partner Print Name ignature Print Name STATE OF FLORIDA ) COUNTY OF MIAMI-DADE) The foregoing instrument acknowledges before me this I day of Apri I , 2016 by Andrew Herskowitz as Manager of Soma Properties, LLC, a Florida limited liability company, who is personally known to me or has produced as identification,and acknowledged that she/he did execute this instrument freely and voluntarily for the p es s :t=, herein. 11114 Aa Notary '�, tate of Florida at Large No 4= E Wrah4,Zr40 ,p Bonded Thu Notary PutleUnoennbm 4 /Ill ' ti O / , Print Nam- ut My Commission Expires: It— I202 12 TWIDLIN BROWN&WINSTON ' (OPA LOCKA PETROLEUM ! f FEARON , DEVELOPERS I a CHRIST CRUSADERS INC 835 NW 164TH AVE LLC 14359 MIRAMAR PKWY STE 1 1PEMBROKE PINES,FL 33028— ' 2200 S DIXIE HWY#601 I MIRAMAR,FL 33027-4134 1137 t MIAMI, FL 33133 ;, [ 1 I ROY L JOHNSON&DOROTHY A JOSE A TORRES SR&OLGA R OPA LOCKA 13744 LLC 13724 NW 22ND PL 13725 NW 22ND PL 1 749 NE 195 ST OPA LOCKA,FL 33054-4002 i OPA LOCKA,FL 33054-4001 MIAMI,FL 33179 MISSOURI EBERHART& I CAROLYN G& GMAC MORTGAGE CORPORATION RAUL BOLUFE TRS 13745 NW 22ND PL j 13755 NW 22ND PL ! j 8004 NW 154 ST 438 OPA LOCKA,FL 33054-4001 OPA LOCKA,FL 33054-4001 ? MIAMI LAKES, FL 33016 GLENDON WITHERSPOON � FORREST A CUTLER ELLA B LILLY 13775 NW 22ND PL 19110 NW 13 AVE 13795 NW 22ND PL OPA LOCKA,FL 33054-4001 1 MIAMI,FL 33147 OPA LOCKA,FL 33054-4001 I LAWRENCE E JONES MARLON J HARRY 3 VIOLET STUBBS PACE 13801 NW 22ND PL 13804 NW 22ND PL 13824 NW 22ND PL OPA LOCKA,FL 33054-4003 J OPA LOCKA,FL 33054-4004 ! OPA-LOCKA,FL 33054-4004 ST LOUIS EUGENE&NADILIA ' MARY RUTH JONES MARCELINA HERNANDEZ 13825 NW 22ND PL = 13844 NW 22ND PL i 13855 NW 22ND PL 1 OPA LOCKA,FL 33054-4003 I OPA LOCKA,FL 33054-4004 OPA LOCKA,FL 33054-4003 MIAMI PROPERTY GROUP LTD DORI DOMINGUEZ PAREDES SAHARA PROPERTIES INC 12400 WILSHIRE BLVD STE 1450 13895 NW 22ND PL j 1450 MADRUGA AVE STE 20 LOS ANGELES,CA 90025 OPA LOCKA,FL 33054-4003 CORAL GABLES,FL 33146-3: ■ GEORGE LIVINGSTON LEVY HOLDINGS LLC SIGNATURE REALTY SERVIC 13901 NW 22ND PL 4131 W HALLANDALE BEACH LLC BLVD 3001 LINTON BLVD APT 209 OPA LOCKA,FL 33054-4005 HOLLYWOOD, FL 33023 DELRAY BEACH, FL 33445-6 MAIKEL SANCHEZ DE MALOS CAROL BROWN (LE) 13955 NW 22 PL LLC 13920 NW 22ND PL 13935 NW 22ND PL ' 5833 CORAL WAY OPA LOCKA, FL 33054-4006 OPA LOCKA, FL 33054-4005 MIAMI, FL 33155 SAHARA PROPERTIES INC& - SAHARA PROPERTIES INC& MARTHA S CASTILLO 1450 MADRUGA AV E#209 1450 MADRUGA AVE#209 2211 NW 135TH TER MIAMI, FL 33146 MIAMI,FL 33146 OPA LOCKA,FL 33054-4020 YOLANDA BROWN LESA A CAMPBELL& {GHG018 LLC ; 2213 NW 135TH TER 2215 NW 135TH TER E 1 3301 NE 1ST AVE APT 2610 I OPA LOCKA,FL 33054-4020 [OPA LOCKA,FL 33054-4020 f MIAMI,FL 33137-4172 BARBARA PEREZ&DAMARYS ALETHA J&KAREN P JACKSON& ' CATALAN INVERSIONES EL CRANE 2219 NW 135TH TER i 1 2250 NW 139TH ST 2251 NW 139TH ST OPA LOCKA,FL 33054-4020 OPA LOCKA,FL 33054-4031 ' OPA LOCKA,FL 33054-4030 (' INTERNATIONAL NRG HOLDINGS SILVER RIVER HOLDINGS LLC ; LLC ESMERALD CAPITAL HOLDII 1000 W ISLAND BLVD APT 1507 1000 W ISLAND BLVD APT 1507 LLC AVENTURA,FL 33160-4973 I NORTH MIAMI BEACH, FL 33160- 250 NE 25TH ST APT 1709 14973 MIAMI,FL 33137-5049 SUPERIOR GARDENS RUBEN D GODAS f BRUCE J KIRSCH HOMEOWNERS 2257 NW 136TH TER i 19300 W DIXIE HWY UNIT 11 C/0 CUEVAS&ASSOCIATES OPA LOCKA,FL 33054-4024 . AVENTURA,FL 33180-2201 MIAMI,FL 33155 li 136 TE 12-15 LAND TRUST ; MARIN ELJAIEK AND LOPEZ PL j LIMAR LLC I 12227 SW 131ST AVE 2601 S BAYSHORE DR STE 850 1901 HARRISON ST il MIAMI,FL33186-6401 , j MIAMI,FL 33133-5412 HOLLYWOOD,FL 33020-501 + � DEUTSCHE BANK NATL CO GEORGINA A ROCK YELLOWMAN CAPITAL LLC I 12650 INGENUITY DR 2265 NW 136TH TER 11098 BISCAYNE BLVD#40 it ORLANDO,FL 32826-2703 OPA LOCKA,FL 33054-4024 MIAMI,FL 33161-7429 k SAN FRANCISCO NAVIGATION VAISAR LLC VAISAR LLC 1 I LLC 250 NE 25TH ST APT 1709 250 NE 25TH ST APT 1709 333 PALM ST HOLLYWOOD;FL 33194505 ! MIAMI, FL 33137-5049 MIAMI,FL 33137-5049 1 SMALL MARINE FLORIDA LAND TRUST REGINA DAVIS ERNEST ANTOINE 3905 SEGOVIA ST 2272 NW 136TH TER 9921 NW 11TH AVE CORAL GABLES,FL 33134-7038 ' OPA LOCKA,FL 33054-4024 MIAMI,FL 33150-1515 i SUPERIOR GARDENS C&A PROPERTIES INC I ' NO OWNER NAME I 490 OPALOCKA BLVD STE 11 3523 NW 116 ST NO ADDRESS 1 MIAMI LAKES,l;L 33054 MIAMI, FL 33167 . 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M SiN EN q /^ /r •r /^ /r o- 0 0 0 0 0 0 0 0 0 0 0 0 '55 ' 0 0 g" 8 6 8 B . e In 8 M 47 N $ / •$ /N :E /N Q^ Pt; Q^ Pa G$ Pi Pr� /r g= § e" 8 sk.o ' iiii4.8g g.s fgP.r gf P� g. Ri gs ga 8 ^� "�{ xR8 18'84 x 4 t ' 4 1 r-. o. PLANNING COUNCIL MEETING THURSDAY,MAY 5,2016 ROLL CALL: The Planning Council of the City of Opa-locka, Miami-Dade County, met in regular session on Thursday, May 5, 2016 at 7: 15 p.m. at Sherbondy Village, 215 Perviz Avenue. The following members of the Planning Council were present: Board Member Elio Guerrero, Board Member Lloyd Tyler, & Chairman Calvin Russell. Absent Board Members: Board Member Germane Barnes &Board Member Rose Tydus Also in Attendance were Planning & Community Development Director, Gregory Gay, Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and Attorney Vincent Brown. II INVOCATION AND PLEDGE: Chairman Calvin Russell led the Prayer and the Pledge of Allegiance was stated after the Prayer. III APPROVAL OF MINUTES: Discussion of Minutes from May 5,2016 Meeting Chairman Calvin Russell asked if a motion could be made to have the minutes approved from October 6, 2015 meeting. Member Lloyd Tyler on page 2 article four section paragraph two it's states a request that revision. Mr. Gay states that's a spelling correction we will make that correction. On the same page, the word requesting is not in there. I'm requesting a change. Board Member Elio Guerrero I amend my motion to accept the corrections made a motion to approve the minutes from October 6, 2015. All in favor say "I". Every one said "I". Attorney Brown states on the main motion to approve the minutes. Is there a motion to approve the minutes? Board Member Elio Guerrero made a motion to approve the minutes. Board Member Lloyd Tyler second to approve the minutes from October 6, 2015. 1 IF < There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes IV. PUBLIC HEARING: 1. BATUL MANIAR CIO SOUTH FLORIDA SCHOOL OF EXCELLENCE 3400 NW 135TH STREET, BUILDING B, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF BATUL MANIAR C/O SOUTH FLORIDA SCHOOL OF EXCELLENCE FOR SITE PLAN APPROVAL TO OPERATE A CLINICAL EDUCATION SCHOOL AT 3400 NW 135TH STREET. Mr. Gay: The first item there legal representative is in route is caught in traffic. The other applicant is interested in having there item heard first. If we could amend the agenda to hear item three heard first and then we will go back to item one and two if we can make that adjustment. Chairman: We can. Do we have to make an amendment to make that adjustment? Attorney Brown: We can use the formal formality of moving this agenda. Mr. Gay: The first item will be item three. Thank you to the board this is a special planning council meeting. Normally we have our meetings on Tuesdays. I appreciate the board for coming on a short notice joining us on a Thursday meeting. The applicant that will be coming forth to present Bantul Maniar is in care of South Florida School of Excellence for site plan approval to operate a clinical education school at 3400 NW 135th Street. They are here to make their presentation. If you would like we will have the applicants to make their presentation first and then staff will make their report. Chairman: State your name and address. 2I1' Daniel Martinez: My name is Daniel Martinez I'm with Romo Martinez Architect on behalf of the applicant"South Florida School of Excellence. I will be giving you an overall view of the site plan for the project. This is the property on the southwest corner of 135th and Alexander which is 34th. The intention of the applicant is to use a 1.1 acre parcel of an existing 2.2 acre parcel which holds two buildings. Building "A" is currently being used for a school and building "B" once was an online school. She will use the entire 15,000 square feet of this building for her school. There are no additions. There are minor renovations that will be done to the building. They will be using the entrance off of 34th for their main ingress and egress and they will be using existing parking. The stacking lane is to the south of a covered walkway between the two buildings. They will be using about 6,000 square feet which is an adjacent block which is already in the application. Their main means of entrance and drop offs west bound from 134th they will turn south and then drop the children off in a double door in the southern part of the building and the parents will drive along the back and exit onto 135th. Currently we are proposing landscaping improvement on the northern portion of the property they are using. There will also be landscaping improvement in that adjacent lot. For clarity, the eastern portion of that lot will remain parking area and the current school building "A" and it's parking along 135th will remain unchanged also. To give you an idea of the school use of the floor plan this is where the children will be dropped off. Everything in blue are the classrooms. Everything in pink is therapy rooms. Everything in green is administrative. Everything else is circulation, restrooms round use areas. I'm going to pass it over to Batul to describe the use of the school. Chairman: State your name and address. Batul Maniar: My name is Batul Maniar. I'm presenting South Florida School of Excellence. Attorney: Excuse me, please state your address for the record. Batul Maniar: Address of my home? Attorney: No. State the business address. Batul Maniar: It is 3400 NW 135th Street, Opa-locka, Florida 33054. Thank you once again for having us. This is a project about a clinical education school. Clinical education is where we provide all types of therapies at one facility. I have certain slides to share with you that is authentic and researched based. I will be the person who will operate day to day business and events. I have 15 years of experience and I'm Florida licensed. I'm also autism certified. I'm also a Barry University Graduate. I've worked in private, public, and church schools. This project started from Florida former senator Mr. Bob Graham who awarded us with a beautiful building on 57th avenue red road. We got the zoning approved last year. However, according to our architect the building water and sewer capacity was not enough to accommodate 200 students. We held our first orientation in Hialeah. More than 200 3 � E' , residents showed up to register their children. How are we going to support? We are going to support non citizen, orphan children, and sheltered children. We will prepare them finally for workforce. Our school is a Multi-Dimensional Model. We will provide special education, gifted education, and regular education. Our vision is to pursue a"Housing of Excellence" for children with disabilities and provide major out-patient services at South Florida School of Excellence under one roof. Public schools have a waiting list of one year to do a simple diagnostic off a child disability. We will be welcoming a private psychologist to diagnose all of those children on the waiting list. It's not that Public school doesn't want to do it. It's due to budget cut they can't hire one psychologist for one school. In our services we have speech, occupational, and applied behavior therapy before and after school outreach programs. Mr. Gay: I'm sorry but we will have to get you on the microphone. One question, how much longer is your presentation? We do have other items. If we could we could get one of the microphones up here. Batul Maniar: I can project my voice. Mr. Gay: It has to be on the record so you will have to speak through the microphone. Chairman: What's wrong with the microphone Mr. Lee? Is there a button on there? Mr. Lee: It's the battery. Attorney: How about we improvise. You come to the microphone next to the clerk, and speak from the dais. Anyone that is sitting in the audience you are next. Attorney: Is that better? Batul Maniar: Yes. As a strong advocate of parent to parent I also do workshops. I want the City of Opa-locka to know we will sponsor community workshops. Gifted programs will be provided at our school. South Florida is proud to say that we are going to provide all of the services at this one facility. Autism is the fastest growing disability in children. We will be providing mental therapy as well. Public schools don't offer all of these therapies at their school. At South Florida School of Excellence we provide all of these services under one roof as I already mentioned earlier. We are a clinical school. Student case management is only offered at mental agencies. Our school is the only school that provides student case management. Mr. Gay: Ms. Maniar if you could wrap up, we would appreciate it. We have other items. 4I P , Batul Maniar: It's a very comprehensive program. We provide free community workshops, drop-out workshops, and extracurricular activities as well. We also have a website which provides life testimonials from the parents. Thank you all for listening. Mr. Gay: Thank you very much. Chairman: Any questions or concerns? Member Tyler: Will there be boundary guidelines for the students? Batul Maniar: That's a good question, we do have transportation arrangement. We are providing private transportation. There are no boundary restrictions. We do have students enrolled from Broward County as well. Member Guerrero: You said that it will be 200 children enrolled? Batul Maniar: It is 196 enrolled. Member Guerrero: All Special Needs? Batul Maniar: We are offering all programs. Chairman: It is one long building and 196 kids is a lot for that building. Attorney: What is the load occupancy? Daniel Martinez: It is less than what the fire code ask for. It is a 15,000 square feet building. It is not as dense as a regular school. Chairman: Are you saying that the building is more sufficient than public school? That building is more like a plaza. Daniel Martinez: A lot of the rooms are therapy rooms where there are not a lot of students in each. It is a less dense building than a regular school as I mentioned earlier. Chairman: There is a school in the front for troubled kids right? Mr. Lee? Isn't that an alternative school of behaviors and in this situation I'm concerned. Mr. Lee: The site includes both schools. The gate separates both of the schools. It is separated by a physical barrence. Member Guerrero: Is it K-12? Bantul Maniar: Yes, it is K-12. 5 I Member Guerrero: What type of security? I'm familiar with that building. Daniel Martinez: There will be only one lane going out which will be used doing drop off time and pick up time. The kids will be in the school 100% of the time except that one time of the day when they will go to the playground. Chairman: Mr. Gay and Mr. Lee remember that back blues project and they wanted only certain traffic one way in and one way out right by Alexandria drive. Mr. Gay: As a part of your recommendation. They changed the traffic operation entrance to a two way entry in and out for that particular access but they will have access to and from Port said road as well. Chairman: When did we change that? Mr. Gay: You changed that at your Planning Council Meeting and that was part of your recommendation. Chairman: I'm still concerned about that traffic. Daniel Martinez: to clarify, your concern. The lane that comes off of Alexandria is 170 linear feet which allow 8-10 cars at a time. That exceeds the stacking of a middle school. We are able to channel the traffic through the property. All traffic will turn right and head east on 135th street. It is little impact with 200 children. Chairman: So they will be entering in off of 135th? Daniel Martinez: No, they will be entering in at Alexandria and out to 135th street. Member Guerrero: Any school buses? Daniel Martinez: No. Member Tyler: Are there any online classes? Daniel Martinez: No. Chairman: Is this property city owned? Mr. Gay: No. it was a temporary location for city hall. We will make our quick presentation and afterwards we will vote. 6II Mr. Lee: It is a 15,000 square feet building and incorporates three parcels. There are multiple zoning districts around the area. The proposed use will be in harmony with the surrounding educational and childcare activities immediately north and east of this site. The property north of NW 135th Street was approved by the City Commission for a mixed-use commercial industrial trucking maintenance facility. This site is separated from the school by the Right-of-Way of NW 135th Street. The area south of this site is zoned multi-family and there are existing residential multi-family developments on properties south and south- east of this site. The entire site is 82,859 square feet that includes two different schools. The school will be providing 30 parking spaces which is the requirement. The site will also include the point of ingress and egress at Alexandria drive and NW 135th Street. Since it's already a built in environment they are just really adding irrigation parking, creating a good circulation plan. If there are any recommendation comments from the Planning Council board we will add to any recommendations that we have. Chairman: What type of recreation for the kids will be provided? Batul Maniar: Yes. It will be facing Alexandria Drive. Chairman: Any other questions. Can we get a motion? Member Guerrero: I motion to approve the third item on the agenda "School of Excellence". Member Tyler: I second. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes Attorney: Is this item going on the 11th agenda? Mr. Gay: I believe the 25th Attorney: Okay. 7 I 2. SOMA PROPERTIES, LLC NOT YET ASSIGNED (MAILING ADDRESS IS 1450 MADRUGA AVE#209, CORAL GABLES, FL 33146) REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SOMA PROPERTIES FOR SITE PLAN APPROVAL TO CONSTRUCT A 104 MARKET RATE RESIDENTIAL UNIT PROJECT ON THE 2.01 ACRES OF LAND LOCATED AT 22ND AVENUE AND NW 138TH STREET. Attorney Calhoun: My name is Hope Calhoun. Good evening on behalf of the applicant. My address is 14 Southeast 14th Street Boca Raton, Florida. I apologize for being late. We are seeking tonight site plan approval along 22"d avenue and NW 138th Street. The project we feel is very compatible with the area. We are surrounded by multi-family districts. It is in the mixed use over lay district. On the bottom floor we have an office use. The residents will be able to use the office. We also have units that are available for live and work units. We have 104 multi-family units, "64" 1-bedrooms, "42" two- bedroom units. A map in the back outlines the site. Behind is a canal. The site plan shows the overlay of the project. We have abundance and 134 on street parking. The project faces 22nd avenue. There are two entrances off of 22"d avenue. We have plenty visitor and residential parking. We think that this development will be additional improvements along the corridor. We've read the staff conditions. When the time is appropriate we have one question about the staff conditions. Other than that we will be happy to ask any questions. Chairman: Any questions from the board members? Chairman: How many "1" bedroom units? Attorney Calhoun: There are"64" 1-bedroom units. Chairman: That's not family structure, is it? Attorney Calhoun: Based on the location it is a mixed use location. It is intended to be commercial compatible. We have units available that may want to operate a business in their unit. That's what the city is moving towards. Chairman: Any other questions? I guess staff recommendation. 8It' Mr. Lee: This will be a positive thing for the environment. It will also be improvement for the district. I just wanted to add they will have adequate parking. The Staff is in favor. We will waive any recommendations that the Planning Council Board recommends. Staff recommend approval of this Site plan including the following: All signage shall comply with the City's Sign Code Ordinance no 14-16/Ordinance 15-31 Article X; All landscaping and parking areas must be provided and maintained as shown in the Site Plan; Trees to be planted uniformly placed; Compliance with resolution 5058, fare share agreement; Extend employment opportunity to City residents through the City's Human Resource department and the Opa-locka workforce; Maintain 100% the use, function, or any recommendation the planning Council Board deem necessary for the South Florida School of Excellence site plan and or not limited to any provision of satisfying all other city's land development code pertain to the site, landscape and structures; All trash & garbage containers shall comply with the City dumpster enclosure requirements; The staff is in favor and they have met all requirements. Attorney: How will this impact the shoreline of that canal? Mr. Lee: There development is not within the easement. Attorney: Just asking. Chairman: Are you guys trying to create a waterfront? Attorney: Have you all been required any interface with South Florida Water Management? Attorney Calhoun: We are not. They are not requiring at this point. Member Guerrero: What is the density for that particular zoning? Mr. Gay: The residential component allows that up to R-4 which can allow up to 150 units in acre. They are not going anywhere towards that amount. Chairman: You mentioned townhouses remodeled you mentioned in your presentation. Mr. Lee: Oh I was talking about Superior garden three to the southwest. Mr. Gay: If I'm not mistaken those townhomes are privately owned. Chairman: They did not turn out to well. Attorney: Normally home ownership versus corporation ownership. The corporation is going to maintain the quality of the property. They will get the return on their investment. 9 I P Chairman: Can we get a motion? Member Guerrero: I motion to approve to approve the site plan for Soma properties. Member Tyler: I second. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes 10Ij :; =` 3. SOMA PROPERTIES,LLC NOT YET ASSIGNED (MAILING ADDRESS IS 1450 MADRUGA AVE#209, CORAL GABLES, FL 33146) REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SOMA PROPERTIES, LLC FOR A DEVELOPMENT AGREEMENT APPROVAL TO CONSTRUCT A 104 MARKET RATE RESIDENTIAL UNIT PROJECT ON THE 2.01 ACRES OF LAND LOCATED AT 22ND AVENUE AND NW 138TH STREET. Mr. Gay: The third item is the developer agreement. I think we need to make a motion. There is no need for another presentation. Chairman: Can we get a motion? Member Guerrerro: I motion to approve the developer agreement for Soma Properties. Member Tyler: I second. There being no discussion, the motion passed by a 3-0. Elio Guerrero - Yes Lloyd Tyler - Yes Calvin Russell - Yes Chairman: I do apologize, we forgot about public hearing. I open Public hearing if anyone has anything to say. Okay, and now I close. Attorney: For the sake that this don't happen again we should have a space on the agenda. Just make that a part of your next agenda. 11 I ' „ STAFF UPDATE VI ADJOURNMENT Chairman Russell adjourned the meeting at 8:15pm. Submitted by Kinshannta Hall Planning Council Clerk ATTEST: Mr. Calvin Russell Planning Council Chairman 12 ■ l !„ill ilriii ill it/ 11ill-IMMO 111111 = •F E � ARP r o V 'azq& O 9i =g; if a o m .or,� 7 ; S Rt :;�nsyna ? '-: i c INN t i4F0i i!'' 7-$:;!; q 4 : . - - ii , , 10.H.a 8 a i�Q zr4-A'= t i o . W a Qa#R!°_':il ; a 'v . E 1 ;m igghyjFQ y 2” t4 °gAg2iliA B 4 = t.1 II�,_„.oT°3 %14 ''4"'4N- N x $p r Rtl a "I"! D oqCl y t( \,,oPl ltr'iy�'„:li2Ny -2'''''''0 Y $� ' 0N9 P uH 4 PP, Pt ¢ MINIM 11 a 11114iSiln [ iiK t j Fm ' .4 1: g-I !1JH! 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