HomeMy Public PortalAbout16-9256 Request of Florida Industrial Properties for Approval to Amend the Development Agreement to Construct and Operate a Mixed Use Travel Center Sponsored by: City Manager
RESOLUTION NO. 16-9256
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO CONSIDER THE REQUEST OF
FLORIDA INDUSTRIAL PROPERTIES SIX, LLC, FOR APPROVAL
TO AMEND THE DEVELOPMENT AGREEMENT TO CONSTRUCT
AND OPERATE A MIXED USE TRAVEL CENTER WHICH
INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL USES AT
3325 NW 135TH STREET, OPA-LOCKA, FL 33054, ALSO IDENTIFIED
BY FOLIO 08-2121-007-2700; CONTAINING 272,741 SQUARE FEET
OR 11.20 ACRES MORE OR LESS BY CALCULATIONS;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the property described herein is zoned B-3 Commercial Intensive
Business District; and
WHEREAS, the applicant requests to amend the Development Agreement to
construct and operate a mixed use travel center which includes commercial, industrial
and retail uses at 3325 NW 135th Street, Opa-locka, FL 33054, also identified by folio
08-2121-007-2700 for the Development Agreement timelines; and
WHEREAS, On July 26, 2016, the City of Opa-locka, Florida Planning Council
Board recommended approval of the Development Agreement amendment by a vote
of 3-0 subject to the conditions set forth and included herein below in section 3; and
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 Amendment as proposed by FLORIDA
INDUSTRIAL PROPERTIES SIX, LLC.
NOW, THEREFORE, BE IT DULY RESOLVED THAT THE CITY
COMMISSION FOR THE CITY OF OPA LOCKA, FLORIDA:
Resolution No. 16-9256
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 FLORIDA INDUSTRIAL PROPERTIES SIX, LLC this Development
Agreement amendment for only the new development timelines to construct
and operate a mixed use travel center which includes commercial, industrial
and retail uses at 3325 NW 135th Street, Opa-locka, FL 33054, also identified by
folio 08-2121-007-2700, consistent with the Site Plan and Planning Council's
recommendation attached hereto as "Exhibit A."
Section 3. Except to the extent amended herein, the Development Agreement
shall remain in full force and effect against the Declarant, its successors or
assigns, and the Property for the benefit of the City.
Section 4. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 12th day of October, 2016.
yra Taylor
Mayor
Attest to:
Jo na Flores
City Clerk
Approved as to form and legal sufficiency:
Vincent T. Brown, Esq.
The Brown Law Group, LLC
City Attorney
Resolution No. 16-9256
Moved by: COMMISSIONER RILEY
Seconded by: COMMISSIONER SANTIAGO
Commission Vote: 4-1
Commissioner Kelley: YES
Commissioner Riley: YES
Commissioner Santiago: YES
Vice-Mayor Holmes: NO
Mayor Taylor: YES
8NW NEIGHBORS SUNDAY OCTOBER 22016
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Public Hearing Notice
State Road(SR)932/NW 103 Street/West 49 Street
CITY OF OPA-LOCKA from SR 826/Palmetto Expressway Interchange to East 5 Avenue
NOTICE TO THE PUBLIC Project Identification Numbers:434768-1/2-52-01
NOTICE IS HEREBY GIVEN that the City Continuum of the City of Opaaocka,Florida will bold public hearings at eta Regular
Commission Mooting on Wednesday,October 12,2016 at 7:00 PM in lire Auditorium at Sherboody Village,215 Pervia Avenue,Opa-Iocka,Florida, The Florida Department of Transportation(FDOT)will host
to consider the following items: a public hearing for two roadway projects along SR 932/NW 103 Street/West 49 Street
SECOND READING ORDINANCES/PUBLIC HEARING: from SR 826/Palmetto Expressway Interchange to East 5 Avenue in
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ESTABLISHING A NEW .Miami-Dade County.
ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION AND ACTIVATION OF THE V
HISTORIC PRESERVATION BOARD AND THE ENVIRONMENTAL(TREE)PRESERVATION BOARD;PROVIDING
FOR SEVERABILITY CLAUSE:PROVIDING FOR A CONFICT AND REPEALER CLAUSE AND RESCINDING ALL
ORDINANCES IN CONIl.ICT;PROVIDING FOR AN EFFECTIVE DATE((trek reading held on September 14,2016).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,ESTABLISHING A 6 p.m.to 8 p.m.
NEW LAND USE ADVISORY BOARD TO THE CITY COMMISSION TO INCLUDE THE CONSOLIDATION OF TILE Thursday,October 6,2016
03
PLANNING COUNCIL AND 11 ZONING BOARD OF APPEALS;PROVIDING FOR A SEVERABILITY CLAUSE; FDOTk Miami-Dade College,Hialeah Campus,Room 5101-B
PROVIDING FOR A CONFLICT AND REPEALER CLAUSE AND RESCINDING AIL.ORDINANCES IN CONFLICT, fJ - 1 780 W 49 Street,Hialeah,FL 33012
PROVIDING FOR AN EFFECTIVE DATE(first reading held on.September 14.2016).
RESOLUTION/PUBLIC HEARING:
A RESOLUTION OF TFIE CITY COMMISSION OF THE CITY DE OPA-LOCKA,FLORIDA,TO CONSIDER THE
REQUEST OF FLORIDA INDUSTRIAL PROPERTIES SIX,11.C,FOR APPROVAL TO AMEND THE DEVELOPMENT For information about this hearing or project,please contact Public Information
AGREEMENT TO CONSTRUCT AND OPERATE A MIXED USE TRAVEL CENTER WIhICH INCLUDES COMMERCIAL, Specialist Monica Diaz at(305)573-0089 or email at Monica @iscprgroup.com
INDUSTRIAL.AND RETAIL.USES AT 3325 NW 135'STREET.OPA-LOCKA,FLORIDA„33054,ALSO INDENTIIED BY
FOLIO OS-2121-007-2700,CONTAINING 272,741 SQUARE FEET OR 11.20 ACRES MORE OR LESS BY CALCULATIONS, Visit www.fdotmiamidade.com for project information.
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
Additional information on the above item,may be obtained in the Olhcc of the City Clerk,780 Fullerton Suter,4°Floor.Opa-locks.Florida 33054.
All intems¢tl peranns arc encouraged m Wend This meeting and will be nand with respect m the public hearings. The hearing will follow an informal format allowing the public to arrive at any time from 6 p.m.to 8 p.m.,
in accordance with the Amen..with Disabilitrea Act 01 1990,persons needing special accommodation ni
fu pacipate rn the proceeding should with a formal presentation starting at 6:30 p.m.Graphic displays will be shown and FOOT representatives will
macs the Office of me Cry Clerk at(305)055 2800100 a.aar rice no later than seven 17)day,prior to the proceeding.If hearing unpaved,you may be available to discuss the project and answer questions.Public participation at this meeting is solicited
telephone the noddy Relay service at(100)955 8771(11Y),1801)955-8770(Voice),(877)955.8773(Spanish)0,1877)955 8707(Creole). without regard to race,color,national origin,age,gender,religion,disability or family status.Pursuant to the
PURSUANT TO PS 2160105:.4nyone who desires to appeal may dee Irian mode by any board agency,oc,ommi,n on with rerun 1,,any mane, provisions of the Americans with Disabilities Act,any person requiring special accommodations to participate
rnnafdered m such meeting or hearing will need a retort'of the proceedings.and for that reason,may need Wens.,than a verbatim record of the in this workshop/hearing is asked to advise the agency at least 7 days before the workshop/hearing by
proraad+rig,,,,made.which record includes the marmony and evidence upon whfdt the appeal may Inc based contacting:Jeannine Gaslonde at(3051 470-5349 or in writing:FDOT,1000 N.W.111 Avenue,Miami,FL
JOANNA FLORES,CMC 33172,email:Jeannine.Gaslonde @dot.state.fl.us.If you are hearing or speech impaired,please contact the
CITY CLERK agency using the Florida Relay Service,1(800)955-8771(TOD)or 1(BOO)955-8770(Voice).
LOQ
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Memorandum
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
John Riley, Commissioner
Joseph L. Kelley, Commissioner
Luis B. Santiago, Commissioner
FROM: Yvette Harrell, City Manager
DATE: August 22, 2016
RE: Resolution of the Mayor and City Commission of the City of Opa-locka to consider the
request of Florida Industrial Properties Six, LLC., for Approval to amend the
Development Agreement to construct and operate a mixed use travel center which
includes commercial, industrial and retail uses at 3325 NW 135th Street, Opa-locka, FL
33054, also identified by folio 08-2121-007-2700; Containing 272,741 Square Feet or
11.20 Acres more or less by calculations. Providing for incorporation of recitals;
Providing for an effective date.
Request:
Resolution of the Mayor and City Commission of the City of Opa-locka to consider the request of Florida
Industrial Properties Six, LLC., for Approval to amend the Development Agreement to construct and
operate a mixed use travel center which includes commercial, industrial and retail uses at 3325 NW 135th
Street, Opa-locka, FL 33054, also identified by folio 08-2121-007-2700; Containing 272,741 Square Feet
or 11.20 Acres more or less by calculations. Providing for incorporation of recitals; Providing for an
effective date.
Description:
The Mayor and City Commission approved Resolution 15-8895 which accepted the final version of the Development
Agreement between the City and Florida Industrial Properties Six, LLC to construct and operate a mixed-use travel
center which includes commercial, industrial and retail uses as depicted in the site plan for the property at 3325 NW
135th Street, Opa-locka, FL 33054. This Agreement was recorded in the Official Records Book , Page
, in the public records of Miami Dade County ("Declarations"). The Development Agreement
outlined the development requirements and obligations associated with the construction of the Travel Center on the
property and the Declarant/Applicant failed to meet the agreed upon timelines. Planning&Community Development
Department Staff sent correspondence to the Declarant to address the status of the Development Agreement and to
provide the steps required to make the Agreement effective and viable, as provided by the City Attorney. The
Declarant/Applicant is therefore requesting to amend the Declaration in order to present viable development
Resolution—Florida Industrial Properties Six, LLC Request for DA Approval 09-14-16 1
timelines. The applicant submitted a Planning Council application for a Development Agreement Extension on July
6, 2016 and this formal request was presented to the Planning Council on July 26, 2016. The Planning Council
recommended approval of this request by a 3-0 vote.
Financial Impact:
There are no immediate financial impacts associated with approval of this site plan; however, once site and building
improvements are completed, the City will realize enhanced tax revenues, franchise fees, impact fees, and building
permit fees.
Implementation Time Line:
Immediately
Legislative History:
Ordinance 15-31
Resolution 15-8895
Planning Council Recommendation:
Planning Council recommendation for approval passed by a 3-0 vote.
Staff Recommendation:
Staff has recommended approval of this Development Agreement Amendment
Attachment(s)
Planning Council Application—Development Agreement Extension
Development Agreement Amendment
Planning Council Meeting Minutes 05-05-2016; 07-26-16
City Commission Resolution DRAFT
Prepared By: Gerald Lee,Zoning Official/Planner
Gregory Gay, Director
Planning and Community Development Department
Resolution—Florida Industrial Properties Six, LLC Request for DA Approval 09-14-16 2
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City of Opa-locka
Agenda Cover Memo
Commission Meeting Item Type: Resolution Ordinance Other
Date: September 14,2016 (Enter X in box) X
Yes No Ordinance Reading: 1st Reading _ 2^d 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 D
Strategic Plan Related Bus. &Economic Dev New Development
(Enter X in box) X Public Safety
Quality of Education D
Qual.of Life&City Image
Communication D
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 Florida Industrial Properties Six,
LLC., for Approval to amend the Development Agreement to construct and operate a mixed use travel center which includes
commercial, industrial and retail uses at 3325 NW 135th Street, Opa-locka, FL 33054, also identified by folio 08-2121-007-2700;
Containing 272,741 Square Feet or 11.20 Acres more or less by calculations. Providing for incorporation of recitals; Providing for
an effective date.
Staff Summary
The Mayor and City Commission approved Resolution 15-8895 which accepted the final version of the Development Agreement
between the City and Florida Industrial Properties Six, LLC to construct and operate a mixed-use travel center which includes
commercial, industrial and retail uses as depicted in the site plan for the property at 3325 NW 135th Street, Opa-locka, FL 33054.
This Agreement was recorded in the Official Records Book , Page , in the public records of Miami
Dade County ("Declarations"). The Development Agreement outlined the development requirements and obligations associated
with the construction of the Travel Center on the property and the Declarant/Applicant failed to meet the agreed upon timelines.
Planning & Community Development Department Staff sent correspondence to the Declarant to address the status of the
Development Agreement and to provide the steps required to make the Agreement effective and viable, as provided by the City
Resolution—Florida Industrial Properties Six, LLC Request for DA Approval 09-14-16 1
Attorney. The Declarant/Applicant is therefore requesting to amend the Declaration in order to present viable development
timelines. The applicant submitted a Planning Council application for a Development Agreement Extension on July 6, 2016 and
this formal request was presented to the Planning Council on July 26, 2016. The Planning Council recommended approval of this
request by a 3-0 vote.
Proposed Action:
Staff recommends approval of this Resolution.
Attachments:
1. Planning Council Application—Development Agreement Extension
2. Development Agreement Amendment
3. Planning Council Meeting Minutes 05-05-2016; 7-26-16
4. City Commission Resolution DRAFT
Resolution—Florida Industrial Properties Six, LLC Request for DA Approval 09-14-16 2
N
Page 1 of 5
" THE GREAT CITY "
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'''' PA°6®C '' A
urw�ai
PLANNING COUNCIL MEETING SCHEDULE AND REQUIREMENTS
FY 2015-2016
TOTAL FEES: $ plew Fees as of October 1,2815
Y 2015-2016 Meeting Dike pate Aoniketbn Found Sufficient
1 j 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
pot 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. (thee and location are matfett to change,please check with the
Planning and Conenrenlry Development Depamneufor eaaa 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 4m 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
Page 2 of S
" THE GREAT CITY "
gkevatz
PLANNING COUNCIL APPLICATION
APPLICATION NUMBER:( - ! L'HECK NUMBER: t "l DATE RECEIVED: 61(iJ
\
PROPERTY OWNER'S NAME: O . .a .
PROPERTY OWNER'S ADDRESS: ,
Number/Street City State/Zip Code'
APPLICANT'S NAME: s
APPLICANT'S ADDRESS:
Number/Street City State/ p Code
PHONE NUMBER: OFFICE ' ' "4;1/4 HOME OTHER
SUBJECT PROPERTY ADDRESS: 3 ; , a
Number/Street
TAX FOLIO NUMBER:{\ `PRESENT ZONING:
LEGAL DESCRIPTION: , A\ , t o.; ("^ �•�
Please check specific request:
Tentative Plat
___Final Plat
_Comprehensive Plan Amendment:_Smell Scab_terse Scale tpkaae specVy Opts of amendment below)
Rezoning
Drainage Plan
Pill 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
?,.,Development Agreement
_Restrictive Covenant
_Other—Please specify:
Add any additional information that may be of importance to this request C., 1 fi
Reference to Ordinance 15-13
Land Development Reguladom✓Zoning Code:Ordinance 15-31
Page 3 of 5
PLANNING COUNCIL APPLICATION
(Checklist)
Applications will not be accepted without the blowing data. For a public hearing,all items below are necessary
and must be submitted.
Completed application form
Application fee payable to the City of Opa locks by check or money order
Copy of property owner's and/or applicant's driver license/photo I.D.
Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized)
A completed Neighborhood Petition form(attached)with the signature of each property owner in front,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).
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
survey must not exceed a maximum of two(2)yam from date created in order to be considered acceptable by the City of Opa-lodta)
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&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
(Original and 2 copies size of document to accommodate scale) description on each parcel
Narrative concept must be submitted with application
AFFIDAVIT
I, % c `'`!� '1 - ,- OWNER:- ,being first duly sworn,depose and say that I am the OER of the property,and I
h. tend that 's appli n must be complete and accurate before a public hearing can be advertised.
Si.,rlrr
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\JS 4 ao.�,�. ..� f1tSs�
R
t ,. KEVIN A. 3QCH,
Date N otar Public State of Pori Commission a FF 215131
Sworn to and subscribed before me: 1.fq'
. _ i. My Comm.Eupru Mar 30,21
qM NNW Nary
This day of ° ..) .��,, -'(''s p=exoupwspRiprzzwaremoNwpwregegra
My commission expires
Notary Public
Attach copy of identification
Reference to Ordinance 15-13
Land Development Regulations/Toning Code:Ordinance 15-31
,.
Page 4 of 5
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PLANNING COUNCIL APPLICATION
POWER OF ATTORNEY
This form is to be attached to all applications,and to be returned with the application. No application will be honored 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 ` ` '^°' -- _L ,being first duly sworn,depose and say that I am the owner
of the property legally described as t ,�/ 4
t ft- L-- 41 �;'
I do give to • ° ' \% .: the power of Attorney and authority to speak in m
behalf in to a above described o
property. Further,by affixing my notarized signature to this document,I also
authorize : i . r i ' to negotiate and commit to the City Commission and City
Adm' '.•:_, I'm in my behalf. • abide by all final determinations of the City Commission and City Administration.
r '—(---- ,Or."„<2
signatu
S.
Date '"" KEVIN A.OOCM
14) ..la`¢- Notary Public-State of Flo
Sworn to and subscribed before me: �� Commission#FF 21518
This day of < '►$6 �..r My Comm,Expires Mat 30,
i
through Mimi Nalary,
Notary Public I My commission expires:
Refamcc to OrdInance 15-13
Land Development Regulations/Zoning Code:Ordinance 15-31
Page 5 of 5
Attach copy of identification
, \ ,
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PLANNING COUNCIL
NEIGHBORHOOD PETITION
) 2 ) „ )
RE: PROPERTY ADDRESS: ". "
LEGAL DESCPJPTION:
n
PROPERTY OWNER'S NAME:
PHONE:
ADDRESS (If different): \ •
VAR
tinitre
■
Reference to Ordinance 15-13
Land Development Remdadona/Zonins Code:Ordinance 15-31
EXHIBt-PROPERTY
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Gary Dunay Hope Calhoun Christina Bllenkf
"°• Bonnie Mickel Dwayne Dickerson Heather Jo Allen
BACKMAN
LLP Scott Backman Eta Zacharfades Andre Keiser
July 5,2016
VIA HAND DELIVERY
Mr.Gregory Gay
Director of Planning&Community Development
City of Opa Locka
780 Fisherman Street,4th Floor
Opa Locka,FL 33054
Re: Florida Industrial Properties Six,LLC/Opa Locka Travel Center/3325 NW 135th
Street,Opa Locka,FL/Development Agreement
Dear Mr. Gay:
On behalf of Mr.Vega(the"Developer")we appreciate the opportunity to continue to work
with you and your staff in order to take the steps necessary to make the Travel Center a reality.
Having said that please be advised that since obtaining site plan approval,the Developer and his
team have been working diligently to move permitting of the Travel Center forward.
As evidence of the Developer's intent to develop the Travel Center, construction plans
were submitted to City of Opa Locka staff on Tuesday, March 29, 2016. At the time of
construction plan submittal, the Developer was provided with process number 2077. Since
submittal, the Developer has been working diligently to address all Opa.Locka and Miami Dade
County site plan comments. As a result of numerous and unforeseen delays, the milestones
established by the original Developer's Agreement ("Original Agreement") have not been met.
Therefore, we are hereby requesting an amendment to the Original Agreement to establish new
development milestones. The proposed new milestones are outlined in the attached First
Amendment to Development Agreement("First Amendment").
Pursuant to recent conversations with City staff, and in accordance with the Original
Agreement we understand that the proposed First Amendment needs to ultimately be approved by
the City Commission. As determined by the City Attorney,the first step toward amendment is to
have the First Amendment considered by the Planning Board. To that end,please fmd enclosed,
a development application, a Second Amendment to the Development Agreement, and required
fees. Please review and confirm that the matter will be placed on the July 26, 2016 Planning
Board's agenda for review and recommendation.
14 S.E.4th Street,Suite 36,Boca Raton,FL 33432 ! Tel:1561)405-3300 Fax:1561)409-2341 ! www.dmbblaw.com
Thank you for your time and attention. I look forward to discussing this matter further
with you.
Very truly yours,
Hope W. Calhoun,Esq.
Enc.
cc: Mr.Frank Vega
Mr.Vincent Brown,Esq.
Mr. Gerald Lee
14 S.E.4th Street,Suite 36.Boca Raton,FL 33432 I Tel:1561)405-3300 I Fax:1561)409-2341 1 www.dmbbtaw.com
}
Return recorded copy to:
Dunay,Miskel,Backman,LIP
14 S.E.4th Street,Suite 36
Boca Raton, Florida 33432
This Instrument Prepared by:
Hope W.Calhoun, Esq.
Dunay, Miskel,and Backman LLP
14 S.E.4th Street,Suite 36
Boca Raton, Florida 33432
SPACE ABOVE THIS UNE FOR PROCESSING DATA SPACE ABOVE THIS UNE FOR PROCESSING DATA
FIRST AMENDMENT TO DECLARATION OF RESTRICTIVE COVENANTS
This First Amendment to Declaration of Restrictive Covenants ("First Amendment") is entered
into as of this day of ,2016, by FLORIDA INDUSTRIAL PROPERTIES,SIX,LLC a Florida
Liability Company, whose address is 2433 NW 64th Street, Boca Raton, Florida 33496, its successors and
assigns ("Declarant"), for the benefit of the City of Opa-Locka, a Florida municipal corporation, whose
address is 780 Fisherman Street,4th Floor Opa-Locka, Fl. 33054("City").
WHEREAS, Declarant is the fee simple title owner of that certain parcel of land located in the
City of Opa Locka, FL,and described in Exhibit"A,"attached hereto("Property");and
WHEREAS, in connection with the development of the Opa Locka Travel Center on the Property,
the City adopted Resolution No. 15-8895 ("Resolution") accepting the Development Agreement
("Agreement"); and
WHEREAS, the Resolution and the Agreement were recorded in Official Records Book
, Page in the public records of Miami Dade County("Declaration");and
WHEREAS; the Agreement outlined the development requirements and obligations associated with the
construction of the Travel Center on the Property;and
WHEREAS, Declarant wishes to amend the Declaration in order to modify certain development
milestones established therein; and
WHEREAS,the City has agreed to accept the proposed revisions to the development schedule as
set forth more specifically herein.
NOW, THEREFORE, and in consideration for the mutual promises and covenants contained
herein, Declarant hereby declares that the Property shall be owned, held, used, transferred, sold,
conveyed, demised, and occupied subject to the covenants, restrictions and regulations hereinafter set
forth, all of which run with the Property and any part thereof and which shall be binding upon all parties
having any right, title or interest in the Property or any part thereof,their heirs,successors and assigns:
1. Recitals. The above recitals are true and correct and are incorporated herein by reference.
2. Paragraph 9(p) of the Declaration is hereby amended as follows:
(p) The following timeline the Developer must copy with applies immediately upon approval of
the Developemnt Agreement:
Must sectife apply for Building permits withie480-days no later March 29, 2016
Must start construction within470 days no later than April 1,2017
Must complete project within-XXXXX-days-no later than December 15,2017
3. City acknowledges and accepts the terms of this First Amendment in accordance with Paragraph
20 of the Declaration.
4. Except to the extent modified herein,the Declaration is hereby ratified and reaffirmed and shall
remain in full force and effect against Declarant, its successors or assigns, and the Property for
the benefit of the City.
5. This First Amendment constitutes the entire agreement with regard to the subject matter
contained herein, and may only be amended, modified or released with the consent of the then
owners of the Property, and the City. In the event of a conflict between the terms, covenants,
restrictions or conditions of the Declaration and the terms of this First Amendment,the terms of
the First Amendment shall control and prevail.
[THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
IN WITNESS WHEREOF, Declarant has executed this First Amendment to Declaration of
Restrictive Covenants as follows:
WITNESS: FLORIDA INDUSTRIAL PROPERTIES,SIX,LLC a Florida Liability
Company
By:
Print name: Print Name:
Signature:
Managing Member
Print name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this_day of ,2016,
by , Managing Member of FLORIDA INDUSTRIAL PROPERTIES, SIX, LLC, a
Florida limited liability company, General Partner of , a
limited partnership, Manager of FLORIDA INDUSRTIAL PROPERTIES, SIX, LLC a
Florida limited liability company, on behalf of said entities. He is personally known to me or has
produced as identification.
Seal
Notary Public,State of Florida
My commission expires:
Joinder and Consent
Mortgagee, being the holder of a mortgage relating to the parcel(s) described in Exhibit "A" hereby
consents and joins in for the purpose of agreeing that its mortgage shall be subordinated to the
foregoing Agreement.
Witnesses:
By:
(Signature) Print name:
Print Name: Title:
Address:
(Signature) day of , 2016
Print name:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this—day of , 2016,
by as of , a Florida
limited liability company, on behalf of said company. He is personally known to me or has produced
as identification.
Seal
Notary Public,State of Florida
My commission expires:
CITY OF OPA-LOCKA
ATTEST: CITY OF OPA-LOCKA,through its
CITY COMMISSION
By
City Manager Mayor
day of ,2016
City Clerk
Approved as to Form and legal sufficiency by
City Attorney
By
City Attorney
Day of ,2016
EXHIBIT A-PROPERTY
21 52 41 11.20 AC MIL OPA LOCK,1 PLAT NO 3
PB 31-14
THAT PARCEL DESIGNATED AS YACHT BASIN&TR A BLK 116 LESS PORT OF
TR A.&.PORT OF YACHT BASIN DESC BEG 66.42FTF OF SW cog OF TR A
CUNT E 339.931FT TH N11OFT W245.04FT SWLY AD 125.65VF S27.65FT TO POB
.:.i 1 it I '.Ili'.:..,. .. ■ "■ L.
4 .r
tut/Jo-2,U' G A ,6
PERMIT APPLICATION
-
. 4 ij-,t/7
d
�'j HE GREAT CITY" PERMIT NO.
Dz.- y ' 4,a, �J'�f DATE ISSUED:
((( , =����'��®- CASH RECEIPT NO.
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JJ `�,�:i� di. '_' CASH or CHECK NO.
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Mail AddressaV f• t4,1. ..1_14„...*-` .. !1.6w. It 6-,.3 °; � ?
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Bldg Contr bhp t t...,•', r,.) 4-x, Tel No . ___ _.`"" j '_ i
APPROVED DA1T: DENIED
Mail Address t:. ,, .. l,, S .t-
ZONING
—x.4.77� PUBLIC WORKS
I Architect s 1 k •�:1,i< PLUMBING
Engineer
ELECTRICAL{.
``�� MECHANICAL _
�(
Tax folio no Y'�!21 IA - 3 O.1 - q't et) 1 STRUCTURAL
LEGAL DES RIPTION Olt JOB: Lot No. 131k PUILDING
Subdivision ►AQ\1\ �l1`ald., pB& Page No? \ '° kl~�
Street Address of Job 52.4' A 41 \3 G,.x..:\ 0�q, 14 {, ESTIMATED VALUE FEE
Lot Size A . Survey Attached
I' Principal Bldg ❑
Present Use Accessory Itldg ❑
Screen Enc ❑
I I I I R EBY MA K;E APPLICATION FOR PERMIT TO: Wall ❑
ERECT 0 ALTER❑ DEMOLISH C I ADD 0 REPAIR❑ Fence ❑
REMOVE 0 REMODEL 0 ROOF 0 FENCE❑ SIGN 0 II Pool ❑
A STORY RESIDENTIAL❑ INDUSTRIAL0 Paving ❑
1 Soakage pit_Q
'OTHER IVA Ike f Q. t, 'l� i
Roofing ❑
FOR THE FOLLOWING USE AND OCCUPANCY 1 Public Works ❑
Building Q
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' Other ❑
Field Inspection_ ❑
SQ./LIN. FT ESTIMATED COST CC Fee ❑
TOTAL BLDG
VALUE&FEES S
I understand that ity,tgt ng this application,I am responsible for
the supervisiort and co plction of the construction in accordance ISSUED
with the pl.us audtcliecifications and 1 'compliance with all City, BY DATE
Federal .End CQum 1k aw � �ahle. 1 .
11 I
�,i, '� ` -, { ° �>' Certification is required for finished floor 1
r'SI )NAI URti OP C i1 (Q AMER)Ott OWNEK-rLI)R ONLY
, _ ,. - elevation prior to Certificate of Occupancy.
f'4,,:+,,.. ...�,..tti :�C ` L, .t. ,
PRINT NAME�CONTRAC1OR(QUALIFIER)OR OWNER-BUILDER CONTRACTOR'S
C_. Q1 �u
�Qun%nPIt:R t
,( a 4:1 :?. tiv ° QUALIFIER'S
_ rilr, :111 "..19FS:®eraP+Iwr 17,2017 NAME
NOTARY PUBLIC_� �' r
�4. at:ItT ar n QUALIFIER'S
WARNING TO OWNER: •-:-. '4' `RLC�
NOTICE OF COMMENCEMENT.FAILURE TO DO ADDRESS
SO MAY RESULT IN YOUR PAYING TWICE FOR.
SEEING IMPROVEMENTS TO YOUR PROPERTY. CITY �!
IIF YOU INTEND TO OBTAIN FINANCING,CON- STATE ZIP CODE I{l
SUIT WITH VOIIii LENDER OR AN ATTORNEY
STAFF
IZ 1..P()I I, PLANNING COUNCIL October 28, 2014
FtANNINC; 1N1)CON/MI-NIT 1 DE.1'ELOPMEy 1
Applicant Florida Industrial Properties Six,LLC
Request Final Site Plan review approval to construct and operate a Mix-use Travel Center
which includes commercial,Industrial and Retail Uses.
Location 3325 NW 135t Street,Opa-locka FL,33054
Legal Description See Attached Survey
Property Size 304,000 SF OR(6.9789+/-ACRES)(Per Alta/ACSM Land Title Survey)
Zoning - B-3(Commercial Intensive)Zoning District
- Mixed-Use Overlay District(MXUOD)per Ordinance No. 13-21 &
Ordinance No. 14-14
Existing Land Use Commercial
Future Land Use Commercial
Designation
Comprehensive Plan 1• The applicant's proposed Industrial/Commercial use is consistent with the
Consistency comprehensive plan for the Commercial Land use not Industrial.
_
Zoning Code The proposed use is consistent with the zoning code and it is a permitted use in
Consistency the B-3 Commercial Neighborhood Business District,and Mixed-Use Overlay
District(MXUOD)per ordinance no. 13-21 &ordinance no. 14-14
Other Required I. This site plan request must be approved by the Mayor and City
Approvals Commission.
Applicable LDC• City Ordinance No. 86-8,Article 6.9,7,4.4,4.16,8&9 .."
Sections
Setbacks/Yards Required Proposed
Front 15 Feet 85 Feet
Rear 15 Feet 53 Feet
Side (West) (0 feet if a rear accessible alley is 360 Feet
Side (East) provided) W 55 Feet
15 Feet(side corner lot) N/A d
Lot Density N/A N/A
Lot Size 10,000 SF 304,000 SQ FT(6.979 AC)
Lot Width N/A N/A
Building Height Height shall not be in excess of 6 stories of One story 15 feet 6 inches
sixty-five(65)feet,whichever is less. 15'-6"
Structure Length N/A N/A
Floor Area N/A 15,024 Sq Ft
Vehicular Use Area Landscape strips not adjacent to 212,527 Sq Ft,or 4.88 AC -�
Landscaping public streets shall contain one (1)
tree for each fifty (50) linear feet or
fraction thereof.
Landscaping Lot Required front setbacks and all other 91,473 Sq Ft or 2.10 AC ..
Coverage pervious areas shall be landscaped with
_ grass,ground cover and/or shrubbery.A
e
City of Opa-lockajPlanning and Community Development Depamnent
3400 NW 135°Street,Opa-locka,FL 33054(Bldg.B)
STAFF REPORT Planning Council
minimum of fifteen(15)trees per acre shall
be provided. Trees shall not be less than
eight(8)feet in height and three and one-half
(3 1/2)inches in diameter,four(4)feet from
grade,at time of planting.Sprinkler systems
for the continual irrigation of trees and other
landscape materials such as berms,shrubs,
and/or hedges shall be required and operable
prior to the issuance of a certificate of
occupancy. The landscaping shall-be
designed so as to screen permitted office uses
and vehicular uses from adjacent residential
districts. All trees and other landscape
material shall be installed prior to the
issuance of a certificate of occupancy.All
landscape strips and interior landscaping
shall be protected by curbs or wheel stops.
Tree Preservation Compliance with Tree Preservation The applicant has complied
Ordinance Ordinance required pursuant to city with Article 7 of City
ordinance no. 10-03 Ordinance NO.86-8 according
to the site plan.As stated on
the landscape plan:there are
existing Australian pine trees
along the north property line
that are a safety hazard to the
structure,customers and
employees during high wind
conditions.These pine trees
will be removed and replace
with new trees as indicated on
the landscape plan.(field
Verify)
Open Space 18% 30.09%
Parking Minimum Parking Required: Cars:62 Spaces
1. Commercial: Six (6) Small Trucks: 15 Spaces
parking spaces or one Large Trucks:40 Spaces
for each 500 sq ft of
floor area.
2. Eating Establishments
(restaurants):one(1)Parking
space for every 150 sq ft of
floor area.
3. Industrial:one(1)parking
space for each one thousand
(1000)sq ft of gross floor
area.A minimum of 2
parking spaces for each bay
in the building.
City of Opa-locka[Planning and Community Development Department
3400 NW 135`Street,Opa-locka,FL 33054(Bldg.B) Page 2
S l':1H: RI l'O 11,1, Planning Council
Notification This request will be properly noticed pursuant to state law and city charter by
Requirements the city clerk's office.
Action Required The City Commission must review this site plan and consider approval after it is
reviewed by the Planning Council.
Name and Title Initials
Project Planner Josue Leger,Planner
Approved by Gregory D.Gay,Planning and Community Development
Applicant Request:
- Final Site Plan review approval to construct and operate a Mix-use Travel Center
which includes commercial,Industrial and Retail Uses.
Site Plan Review:
- An approved site plan is required prior to issuance of a building permit. The site
plan must be prepared by a licensed architect with experience in site design.A site
shall mean one continuous parcel of land.
Surrounding Uses:
1- Houses
2- Industrial
3- Church, houses, industrial
4- Municipal Center, School,Junk Yards
Location Existing Land Uses CLUP Zoning Districts
Designations
North Industrial Church,houses Industrial Plan
Development(I-3)
South Public, commercial, Municipal center, - Public District
Industrial School, Junk yard (P)
- Commercial
Intensive
(B-3)
- Commercial
Neighborhood
(B-1)
East Commercial Houses (non- Commercial
Neighborhood conforming) Neighborhood
(B-1)
West Limited industrial Industrial, Opa- Limited Industrial
locka Airport (I-1)
City ty of Opa-locka IPlaiuung and Community Development Department
3400 NW 135"Street,Opa-locks,FL 33054(Bldg.B) Page 3
ST i\ I: REPORT Planning Council
Adequacy and Neighborhood Compatibility:
The applicant's request to construct and operate a Mixed Use Travel Center which includes
Commercial, Industrial, and Retail Uses in the Commercial intensive zoning district, which is
part of the city's Mixed-use Overlay District. Therefore,it is a permitted use in this Mixed-Use
Overlay District. This use would be compatible with the commercial Intensive and the Mixed-
use Overlay District uses.
Yard Modifications: (If applicable)
Site Plan Submitted
Comprehensive Plan Consistency:
The applicant's proposed use is consistent with the comprehensive plan for a Commercial Land use.
However,the partial Industrial use of this proposed project does not show consistency with the existing
Comprehensive plan.
Zoning Code Consistency:
The proposed use is consistent with the zoning code and it is a permitted use in the B-3, and
Mixed-Use Overlay District(MXUOD) as per Ordinance No. 13-21 & Ordinance No.14-14
specifically under Mixed-use type:
Industrial/Commercial Mixed-use: for properties within the Mixed-use Overlay District which
are normally zoned B-3, I-1, I-2, or I-3.
Site Plan Review:
- An approved site plan is required prior to issuance of a building permit.The site
plan must be prepared by a licensed architect with experience in site design.A site
shall mean one continuous parcel of land.
Staff Determination/Recommendation:
This Final Site Plan Approval request has met the following zoning requirements: the Mixed-Use
Overlay District amendment approval by the City Commission on October 8, 2014 and the B-3
Zoning District and or not limited to the following Issues/concerns conditions to be bring fourth
to compliance.
- Staff recommends approval of this final site plan request, pending the following
Issues/concerns to be addressed:
• Show indication of provided designated personal vehicle parking spaces
for Patrons/Truckers allocated on the proposed site Plan.
• The owner's application for a proposed traffic Signalization between
intersection of Alexandria Drive and NW 135th Street final approval from
DOT/Miami-Dade County.
• Increase the amount of the proposed landscape plan to account for more
trees that are recommended by the City's Landscape Provisions
"Recommended Trees"per Article 7(landscape) of the City Land
Development Code.
• Ordinance No. 14-14 section 5. Industrial/Commercial
C.—Travel Facilities for Trucks:
City of Opa-locka Pluming and Community Development Department
3400 NW I35'Street,Opa-locka,FL 33054(Bldg.B) Page 4
STAFF I F R i PO I l Planning Council
a.For master Site Plan within five hundred (500) ft. of any R-1,R-2,
R-3,R-3A,R-4, B-0,B-1 or B-2 District or where they face such
Districts across right-of-way,Travel Facilities for Trucks shall be
prohibited.
b.The City may waive the five hundred (500) ft. restriction if that
appropriate mitigation of negative factors on surrounding parcels,
including but not limited to,visual,environmental,noise, and smell
are provided.
• See also attached PowerPoint.
Staff Report Updated After the Planning Council Meeting on October 28, 2014
Reflected Actions:
1. Parking and weigh scale services: temporary parking at the Travel Center
shall be permitted only for trucking weigh scale purposes, vehicle
refueling, food purchases, temporary resting periods, or other limited
services provided and as shall be approved by the City. Overnight parking
of vehicles of any type or nature is strictly prohibited.
2. Due to a lack of signalization at intersection between NW 135th Street and
Alexandria Drive the initial proposed site plan was revised to redirect
ingress for trucks away from NW 135th Street and Alexandria Drive.
Approximately ingress for trucks has been redirected to be located further
west of the said intersection as indicated on the revised site plan.
3. In reference to article 7(landscape) "Recommended Trees" of the City Land
Development Code. The applicant's proposed revised site plan only
account for approximately 3% of the "Recommended Trees" and
approximately 97%of other tree species.
4. The applicant has provided additional trees and a three (3) feet BERM
along the east side of the property adjacent to the residential land use area
in effort of providing appropriate mitigation of negative factors on
surrounding parcels,including but not limited to: visual,environmental,
noise, and smell.
5. The revised site plan shows portion of an adjacent parcel located south-
west of the proposed site indicating as NOT PART OF PROJECT. As
recommended by staff.
City of Opa-locka'Planning and Community Development Department
3400 NW 135'Street,Opa-locka,FL 33054(Bldg.B) Page 5
E
PLANNING COUNCIL MEETING
TUESDAY,July 26, 2016
ROLL CALL:
The Planning Council of the City of Opa-locka, Miami-Dade County, met in a special session on
Tuesday, July 26, 2016 at 7: 10 p.m. at Sherbondy Village, 215 Perviz Avenue. The following
members of the Planning Council were present: Board Member Germane Barnes, Board Member
Elio Guerrero, & Board Member Rose Tydus.
Absent Board Members: Board Member Lloyd Tyler& Chairman Calvin Russell.
Also in Attendance were Planning & Community Development Director, Gregory Gay,
Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and Attorney Vincent
Brown.
Mr. Gay: We've just been informed that the chairman is not going to make it he had an
emergency. We have a quorum. I would like to ask if someone would volunteer to chair this
meeting? We have the vice chair in place, so Mr. Guerrero you will assume the role as chair for
the meeting. Let's go ahead and call the meeting to order.
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 July 26, 2016 Meeting
Board Member Elio Guerrero asked if a motion could be made to have the minutes approved
from July 26, 2016 meeting. Board Member Germane Barnes made a motion to approve the
minutes. Board Member Rose Tydus second the motion.
There being no discussion, the motion passed by a 3-0.
Germane Barnes - Yes
Elio Guerrero - Yes
Rose Tydus - Yes
1I
IV. PUBLIC HEARING:
1. FLORIDA INDUSTRIAL PROPERTIES SIX, LLC
3325 NW 135TH STREET, OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY OF
OPA-LOCKA, FLORIDA TO CONSIDER THE REQUEST FROM FLORIDA
INDUSTRIAL PROPERTIES SIX, LLC FOR APPROVAL TO AMEND THE
DEVELOPMENT AGREEMENT TO OPERATE A MIXED-USE TRAVEL CENTER
WHICH INCLUDES COMMERCIAL, INDUSTRIAL AND RETAIL USES AT 3325
NW 135TH STREET, OPA-LOCKA, FL 33054,ALSO IDENTIFIED BY FOLIO 08-
2121-007-2700.
Mr. Gay: We do have representation from the property owner that will make a presentation.
This is an application that came before you once before about a year ago. They had a
Development Agreement that was approved by this board. Unfortunately they were not
prepared to move forward with the actual development of the project at the time and the
previous Development Agreement expired. There are some adjustments that are being
presented that are a part of an amended represented development agreement that will be
presented before you for consideration. We have council here to make the presentation.
Attorney Calhoun: Good Evening, My name is Hope Calhoun. I am the attorney on behalf
of the applicant Florida Industrial Properties Six, LLC. As Mr. Gay mentioned this
Development Agreement was approved by this board and City Commission last year. The
original Development Agreement was recorded "June 2015" and the document runs with the
land. The document hasn't been terminated. There were certain milestones represented in the
agreement that the developer were suppose to meet. However he wasn't able to meet those
milestones due to issues. We are requesting an amendment to that recorded document. The
amendment of the document would only change none of the terms of the agreement. We are
just asking to modify certain milestones. The original agreement stated that building permits
had to be applied for within 180 days of receiving site plan approval. The building permits
were applied March 29, 2016 that has already been done. We would need to amend the
agreement to reflect that particular date. The next milestone was a start of construction
within 270 days of receiving site plan approval .We are asking to have that date modified no
later than April 2017. The applicant has already applied for building permits which is in
process now. We are looking to start construction April 2017. The next change is to
complete construction no later than March 2018. The two milestones that have not been
reached we are asking to make modifications. We are seeking this amendment to this
declaration one time. We are excited about moving forward and we hope that you would
approve our request. I would be more than happy to answer any questions at this time.
2I P
Elio Guerrero: My memory serves you mentioned"travel center" originally on the
application again if I remember correctly it was a service station, commercial bays and a fast
food restaurant. It will still be the same correct?
Attorney Calhoun: Yes it will be the same.
Germane Barnes: Permits already been submitted to the City of Opa-locka?
Attorney Calhoun: Yes, sir they were applied on March 29, 2016.
Germane Barnes: Can someone from the city let me know how long it takes for permits to
pass through process for Florida Industrial Properties, Six LLC would be able to begin
construction?
Attorney Calhoun: Please keep in mind that we have to go through permitting through the
City of Opa-locka and Miami-Dade County.
Mr. Lee: The plans are already with Miami-Dade County and they should be returned
shortly.
Germane Barnes: If the original document called for 270 day extension the new amendment
that you are asking for is it the new amount of days or is it longer than the original 270
required days?
Attorney Calhoun: We modified it. I'm going to try to answer your question the best way.
The days referenced in the original agreement complied the dates after site plan approval.
Instead of days we went with specific month and year. Obviously we have passed the 270
days from when we got site plan approval.
Germane Barnes: The reason I'm asking is because if March 29 date is the day the permits
were applied for in a full calendar year from there puts us "March 2017" but you are asking
"April 2017" which is longer than 365 days.
Attorney Calhoun: We could be finished in December or January but we are just asking no
later than. We like to give ourselves as much time as possible.
Germane Barnes: I have two more questions. My first question you are asking for a start of
construction no later than April 2017?
Attorney Calhoun: That's correct.
Germane Barnes: My last question is close to our city officials. How long are our building
permits valid before they will have to reapply if by chance if something like this happen
again?
3 I P
Mr. Gay: Permits are usually valid for one calendar year. If they need to extend those
permits they can apply for extension which will extend it for an additional year.
Germane Barnes: Thank you.
Elio Guerrero: Any more questions?
Rose Tydus: I have a question for staff. The inconsistency with the comprehensive plan as it
relates to industrial use how does it affect this project at this time?
Mr. Gay: It does not affect this project at this time. This site is zoned `B-3" but it does have
a mix use overlay which allows you to do commercial and industrial uses. They are doing
this as a mix use project it falls with the land use falling into both categories.
Rose Tydus: If I can remember correctly, there was an issue concerning trees at the last
meeting. What resolve was there?
Mr. Gay: I don't believe that is related to this project. The number of trees would relate to
the site plan which has already been approved.
Rose Tydus: The site plan was approved the fact that they are not complying with what the
city wants?
Mr. Gay: If my memory serves me correctly. The amount of trees they were proposing is
beyond the amount that the city would request.
Rose Tydus: That's not what your staff report is saying. That's why I'm asking.
Mr. Gay: They are doing this project in phases. As it relates to the first phase, they were a
little below what the tree count would be. Because it is being done in phases when it is
totally built out it will account for the balance that was due.
Rose Tydus: I just wanted some understanding what was approved. It's been a while.
Mr. Gay: Yes it has.
Rose Tydus: Did the site plan include new construction of buildings?
Mr. Gay: Yes.
Rose Tydus: The existing buildings are there now?
Mr. Gay: Yes the existing buildings are there now.
Rose Tydus: Was the parking situation resolved?
4
Mr. Gay: As it stands now the property is being utilized as truck parking but under the future
use it will not be for staging of parking for a long term basis. It will be a rest-stop only a
certain amount of rest.
Attorney Calhoun: We will have some restaurant and commercial components and gas
which will be used for truck drivers and non-truck drivers. All of the issues you are raising
as far as tree species and parking we've addressed all issues.
Mr. Gay: This also includes ingress and egress.
Rose Tydus: As long as it cleans up what's over there now because it's a mess. I'm very
disappointed.
Elio Guerrero: So staff recommendation is approval of tonight's request?
Mr. Gay: Yes it is.
Elio Guerrero: Public hearing is now open. Is there anybody for or against the item? Okay
Public hearing is close.
Rose Tydus: If they don't comply to this timeline then what?
Attorney Brown: The city can terminate the agreement all together and hold them in default.
Rose Tydus: Thank you.
Elio Guerrero: Can I get a motion to approve or deny the item?
Member Barnes: I move to approve the resolution to allow Florida Industrial Properties Six,
LLC the opportunity to amend their development agreement with the City of Opa-locka to
operate a mixed-use travel center which includes commercial, industrial and retail uses at
3325 NW 135th Street, Opa-locka, Fl 33054, also identified by folio 08-2121-007-2700.
Mr. Gay: Before you proceed with the motion, staff did have a presentation to present but a
lot of the issues were already addressed. Staff recommend approval for this project.
Member Tydus: I second.
There being no discussion, the motion passed by a 3-0.
Germane Barnes - Yes
Elio Guerrero - Yes
Rose Tydus - Yes
5 I g e
STAFF UPDATE
VI ADJOURNMENT
Board Member Mr. Elio Guerrero adjourned the meeting at 7:32pm.
Submitted by
Kinshannta Hall
Planning Council Clerk
ATTEST:
Mr. Elio Guerrero
Planning Council Chair Pro-Tern
6 It `, _