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HomeMy Public PortalAbout18-9487 Final Plat to Close and Vacate 2040 NW 141 Street Sponsored by: City Manager RESOLUTION NO. 18-9487 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING THE FINAL PLAT TO CLOSE, VACATE AND ABANDON THE EASEMENT LOCATED UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET OPA-LOCKA, FLORIDA AND IDENTIFIED BY FOLIO 08-2122-017-0250 AND LEGAL DESCRIPTION: LOTS 1 THRU 3, AND LOTS 22 THRU24, BLOCK 2 OF "BARDOL SUBDIVISION", ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 62, AT PAGE 76, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN THE I-1 LIGHT INDUSTRIAL DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Article 1 and Article 2 of the City of Opa-Locka Code of Ordinances ("Code"), the City Commission has the power to approve and adopt plats; and WHEREAS, the applicant's request is to close, vacate and abandon the 12' easement that runs through the center of the property which is under a 33,107 square foot structure that was constructed in 1968, located at 2040 NW 141st Street, Opa-Locka, Florida; and WHEREAS,the applicant and the legal firm of Bercow, Randall, Fernandez & Larkin on October 4, 2016 presented their request for Tentative Plat approval to the Planning Council and the request was recommended for approval by a 3 to 1 vote; and WHEREAS, the applicant and legal firm of Bercow, Randall, Fernandez & Larkin on February 6, 2018 presented their request for Final Plat approval to the Planning & Zoning Board and the request was recommended for approval by a 3 to 0 vote; and WHEREAS, the applicant is now presenting this request for Final Plat approval to the City Commission to be able to complete this process with Miami Dade county Platting Division. NOW THEREFORE BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA LOCKA,FLORIDA: Section 1. RECITALS ADOPTED. The recitals to the preamble herein are incorporated by reference. Section 2.APPROVAL OF TENTATIVE PLAT. Resolution No. 18-9487 The request for final plat for the "Bardol Subdivision" property, as legally described herein, is hereby approved with conditions. Section 3. CONDITIONS. 1. The Applicant shall comply with all requirements of Section 28 of the Miami Dade County Code. 2. The Applicant shall comply with all requirements and obtain approvals from the Miami-Dade County Department of Public Works, Platting Division. 3. The Final Plat must be recorded with Miami Dade Clerk's Office. Section 4. VIOLATIONS OF CONDITIONS. Failure to adhere to the terms and conditions of this Resolution shall be considered a violation of the City of Opa-Locka Land Development Regulations and shall be subject to the penalty(ies), listed in the City Code of Ordinances/Land Development Regulations. Section 5. AUTHORIZATION. Subject to review, the City Attorney, the City Manager, the City Clerk and Planning & Community Development Department Director are authorized to sign the final plat and to execute any other documents consistent with or needed to implement the intent of the City of Opa-Locka. Section 6. SCRIVENER'S ERRORS. Sections of this Resolution may be renumbered or re-lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected copy of same with the City Clerk. Section 7. EFFECTIVE DATE. This Resolution shall take effect immediately upon adoption and is subject to the approval of the Governor or his designee. PASSED AND ADOPTED this 16th day of April, 2018. lyra L. Ta'or Mayor Resolution No. 18-9487 Attest to: Approved as to form and legal sufficiency: Joa a Flores The Brown Law Group, LLC City Clerk City Attorney Moved by: COMMISSIONER RILEY Seconded by: VICE MAYOR KELLEY Commissioner Vote: 4-1 Commissioner Holmes: NO Commissioner Riley: YES Commissioner Pigatt: YES Vice Mayor Kelley: YES Mayor Taylor: YES TERM MI 19 ZOE NEIGHBORS 13NW D 1110.111111/1101411 PUBLIC HEARING ZONING HEARING BOARD OF COUNTY COMMISSIONERS THURSDAY,APRIL 262018-9:30 A.M. CITY OF OPA-LOCKA,FLORIDA COMMISSION CHAMBERS-2ND FLOOR NOTICE TO THE PUBLIC STEPHEN P.CLARK CENTER NOTICE IS HEREBY GIVEN that the City Commission of the City of 111 NW 1 STREET, MIAMI, FLORIDA Opa-locka. Florida will hold public hearings at its Regular Commission i •A, 04,1 ' At, • Meeting on Wednesday,April II 2018 at 7;00 pm,at the Sherbondy Village - a 01 • f ' r 1 : • ' *Tit s. Auditorium, 215 President Barack Mama Avenue. Opa-locka. 1 Elliillra. 111z1/91 Florida to consider the following Location:Lyng south of SW 56 Street,approximately 470'West of SW 99 tiEStBAMOLKIIIKATAtitict; A RESOL111O OF THE CITY COMMISNON OF IIIE cm OF OPA4.041A. HAMA. Avenue,A/K/A.9990 SW 56 Street,At arm-Dade County,Florida, APPROVING DIE FINAL FIAT TO CLOSE,V.6.CME AND ABANDON THE EASEMENT LOCATED Size of property: 1.07 Acre uNDEll A%MOUSE BUILDING LOCATED AT 2040 141 SlIFT.1 OPA-IDCIA.FLORIDA AND IDENTIFIED BY 10110 08-2122-017-0250 AND IECAL DFSCRIPIION' LOTS 1 TURF 3. Th n1i the decision ot A.M.)LOTS 22 THRU24,BLOCK 2 OF`BARDOL SUBDIVISION'.ACCORDING TO 11W FIAT is Board thr den1;1-40without emodice the ,-7- 7, 'HEREOF,AS RECORDED FIAT BOOS 62.AT PAGE 76.OF DIE PUBLIC RECORDS Of MIAMI-DADE COUNTY FLORIDA,IN DIE 1-I LIGHT INDISTRIAL DISTIIKT•PROVIDING FOR ChenBehere EU-S(Wo-FerellY&beta"Estate " rralaraire 25, II INCORPORATION OF IECTIAIS;PROVIDING FOR AN IEFECTIVE DkTF sq.ft.lot area)to Bt/-1A(Limited Business District),&to permit the fotioviing non4se variances:an office hulking*el setback less than requited from FIRST READING ORDINANCES/PUNK WANG; property tine,and ka pewit toss landscape or open space,a mom floor area AN ORDINANCE OF DIE crtv COMMISSION OF THE CITY OF OM LOCK FUNT1119, APPROVING A MOLEST TO RE/ONE FROM 11-1 TO III THE PROPERIY LOCATED AT 275 ratio than requin3d. SABUR MANE AND IDENIOTED RV 1000 U2121-1034151 AND BY LEGAL DFSCEPTION LOT 7 IN BLOCS 102 OF 111Y1SED PUT NO.TWO OPAIOCIA',ACCORDING TO DIE FIAT AN persons are entitled to attend and to speak at zoning healing& However, Daum AS RECORDED IN NAT 8004 34,AT PACE 67 OF IFIE PUIlliC RECORDS Of the carts have ruled that it is irnproper to contact a Board member individually, Btu cowry,MAIM;PROVIDING FOR AUTTIORITY,PROVIDING FOR CODIFICATION; either orally or in writing,about zoning applications, PROVIDING FOR SCRIVENERS ERRORE/PROVIDING FOR CONFLICT,PROVIDING FOR URFILAL CONSTRUCTRINt PROVIDING FOR SEVERAIMAY;AND PROVIDING FOR EFFECITVE DATE Those items not heard Prior to the • •tine for this rneeta19,wal be deferred SECOND READING ORDINANCEVPUBUC HEARING: to the next evadable zoning hearing t.1 •date for this board, AN ORDINkNCE OF DE CID COMMISSION OF IDE CTIT OF opA-LOCIA.FLORIDA. AMENDING CHAPTER 3 OF IIIE CODE OF THE an OF OPA-LOCIik ENITTIED Registration is available to any Homeowners Association desiring that notice -ADVTITTISING". B AMENDING anal: IL ENITIIED -SIGNS', in AMENDING be provided to its president on Dring hearings involving its area of interest sEcnov 3-24 ENURED••MAXIMIm stir To Nall*POLE SIGNS;PROVIDING FOR For more information on this r, procedure,please cam at the zoning INCORPORAIION Of REMUS;PROVIDING FOR ADOPTION OF ARTICLE PROVIDING FOR Hearing Section at(305)375- -I AI1UORRY PROVIDING FOR CODIFIC.AlION; PROVIDING FOR SCRIVENIFTS ERRORS. PROVIDING FOR CONRICT;PROVIDING FOR LIBERAL CONSUL MON:PROVIDING FOR SEVERABrrOIND PROVIDING FOR AN EFFECTIVE DOE Tint rrailepabie kw*bell as If you are in need of a translator at the Hearing,one can be provided for you at no charge. To arrange for transtafing services,please cal the Zoning Agenda I coordinators office et(305)3754244 kiast hvo weeks in advance of the AN ORDNANCE.OF THE CITY CONDOSSION OF TIE CID OF 001.-LOCLA,FLORIDA. mooting 4.; AMENDENG CHAPTER 19 OF THE CODE OF DIE CTIY OF OPA-LOCRA,FIARIDA.EMMET) -STREETS AND SIDEIVALLS," SY AMENDING METE L FAMED IN GENETIC* BY CREATING SECTION 19-8 10 BE MIMED `ADOPT-A-ROAD"; PROVIDING FOR MIPS and Other dint'PO=to then*MI MO mai*forritclocuor...; INCORPORATION OF RECITALS;PROVIDING FOR ADOPIION Of AIHICIE;PROVIDING FOR M the MIAIII-DADE DEPARTIENT OF REGULA AND AL111011in; PROVIDING FOR COOIFICA1101N; PROVIDING FOR SCRIVENER'S MORS; ECONOMIC RESOURCES, 9,11Th FLOOR,111 NM Find Mimi,NW* PROVIDEC FOR CONFLICT;PROVIDING FOR LIBERAL CONSTRUCTION;PROVIDING FOR Florida. If further mrin01ion desired,cell(306)376-2640,Of visit OUT SEVETTABBIIY:AND PROVIDING FOR AN FIFFrIIVE DATE*at readiettliablir basin bell ea WEB page to view the lamming at Fairway 15.2018). IIIIIICHODOIVOV.IturnidlldegOVIETIINGOV_PfediSdISOnfiCOM1011119 Additional information on thc above items may be obtained in the Office of the City Clerk, Please refer to the hearing number when melting an inquiry. 780 Fisherman Street,4*Floor,Opa-locka.Florida AI interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. Mar Dade Canty provides equal access and equai opportunity in employment In accordance with the Americans with Disabilities Act of 1990, persons mediae special end does not discriminate on the basis dristibitity in its programs or%ewes, For accommodations to participate in the proceeding should contact the Office of the City Clerk material in alternate lomat,a sigelaritjuarje interpreter cr other 8=m:iodations, at 1305)953-2 ti for assistance no later than seven(7)days prior to the proceeding.If hearing cal (RER)Development Division ADA Coordinator at(305) ImPateetYan may telephone the Florida RdaY Service at 955-8n1(TTY).(:•1 1 955-8770 please at least five days in advance of the meeting. (Voice).(877)955-8773(Spanish)or(877)955-8707(Creak). PURSUANT TO FS 284.0105:4nyone who desies to(weal any derision made in any board A person who decides to appeal any decision made by any board,agency or agency,or cowunission wth respect to any matter considered at arch meeting or hearing wil need commission with reseed to any matter considered at this meeting or healing, a record of Ire proceedings,and for that mason,may need to visor that a verboten renal of he wi need a record A the proceedings. Such person may need to ensure that Popeeedings ts mode,which record Mucks the testimony and ekideoce upon which the aPPda a verbatim record of the proceedings is made, mckong the testimony and may be bend evidence upon which the appeal is to be based five days in advano3. JOANNA FIDRES,CNIC For.ega ads on;ne go to http-'et:piaci;marn,dade.goi CITIl CLERK Ui tp City of Opa-Locka Agenda Cover Memo Department Gregory Gay Department Director: Director Signature: = c" _ Asst.City Ernesto Reyes Asst.City Manager/Budget Manager/Budget Administrator: Administrator Signature: �J _ Finance Bryan Hamilton FD Signature: Director: Department 1 l Asst City William Green ACM Signature: Manager: City Manager: Ed Brown CM Signature: r i 1 , r _. Commission Item Type: Resolution " Ordinance Other Meeting Date: 03-28-18 X (EnterX in box) Fiscal Impact: Ordinance Reading: 1St Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) x Public Hearing: Yes No Yes No (Enter X in box) X X (Enter Fund Advertising Requirement: Yes No Funding Source: &Dept) (Enter X in box) X Ex: Account#: Contract/P.O. Yes No RFP/RFQ/Bi#:N/A Required: (Enter X in box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Related Enhance Organizational D (list the specific objective/strategy this (EnterX in box) X Bus.&Economic Dev • item will address), Public Safety LI Quality of Education 0 Qual.of Life&City Image LI _ Communcation O _ Sponsor Name City Manager Department: Planning&Community City Manager Development Short Title: A resolution of the City Commission of the City of Opa-locka, Florida, approving the Final plat to close, vacate and abandon the easement located under a warehouse building located at 2040 NW 141st street Opa-locka, Florida and idenfitied by folio 08-2122-017-0250; Legal Description: lots 1 thru 3, and lots 22 thru 24, block 2 of "Bardol Subdivision",according to the plat thereof,as recorded in Plat Book 62,at page 76, of the public records Resolution—Approving Final Plat of 2040 NW 141 Street 3/28/18 of Miami-Dade County, Florida in the I-1 Light Industrial District; Providing For Approval; Providing For Scrivener's Errors; Providing For An Effective Date. Staff Summary: This request is to legally close, vacate and abandon the 12' utility easement that runs through the center of the property which is under a 33,107 square foot warehouse structure that was constructed in 1968. This utility easement no longer serves any reasonable purpose, including any utility purpose. Opa Industrial Park, LLC's Manager,Jorge A Zacarias and the Firm of Bercow, Randell, Fernandez& Larkin on October 4, 2016 presented their request for Tentative Plat approval to the Planning Council and this request was approved by a 3 to 1 vote. The applicant intends to complete this process to vacate, close and abandon this easement by requesting a final plat approval from the Planning & Zoning Board (P&Z Board) and from the Opa-locka City Commission with any conditions required by Miami-Dade County Platting Division. The applicant presented this request to the P&Z Board on February 6, 2018 for final plat approval and this request was recommended for approval by a 3 to 0 vote. The applicant is now presenting this request for Final Plat approval to the City Commission to be able to complete this process with Miami Dade County Platting Division. Proposed Action: Staff has recommended approval of this legislation. Attachment: P&Z Board Application P&Z Board Staff Report Draft Resolution for Final Plat Approval Property Survey-Request for Final Plat Resolution—Approving Final Plat of 2040 NW 141 Street 3/28/18 a, `P n mq. Memorandum TO: Myra L.Taylor, Mayor Joseph Kelley, Vice Mayor Matthew Pigatt, Commissioner John B. Riley, Commissioner Timothy Holmes, Commissioner FROM: Ed Brown, City Manager DATE: February 28, 2018 RE: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA- LOCKA, FLORIDA, APPROVING THE FINAL PLAT TO CLOSE, VACATE ANI) ABANDON THE EASEMENT LOCATED UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET OPA-LOCKA, FLORIDA AND IDENTIFIEI) BY FOLIO 08-2122-017-0250, IN THE I-1 LIGHT INDUSTRIAL DISTRICT; PROVIDING FOR APPROVAL; PROVIDING FOR SCRIVENER'S ERRORS; PROVIDING FOR AN EFFECTIVE DATE. Request: A resolution of the City Commission of the City of Opa-locka, Florida, approving the Final plat to close, vacate and abandon the easement located under a warehouse building located at 2040 NW 141st street Opa-locka, Florida and identified by folio 08-2122-017-0250; Legal Description: lots 1 thru 3, and lots 22 thru 24, block 2 of"Bardol Subdivision", according to the plat thereof, as recorded in Plat Book 62, at page 76, of the public records of Miami-Dade County, Florida in the 1-1 Light Industrial District; Providing For Approval; Providing For Scrivener's Errors; Providing For An Effective Date. Background: This request is to legally close, vacate and abandon the 12' utility easement that runs through the center of the property which is under a 33,107 square foot warehouse structure that was constructed in 1968. This utility easement no longer serves any reasonable purpose, including any utility purpose. Opa Industrial Park, LLC's Manager, Jorge A Zacarias and the Firm of Bercow, Randell, Fernandez & Larkin on October 4, 2016 presented their request for Tentative Plat approval to the Planning Council and this request was approved by a 3 to 1 vote. The applicant intends to complete this process to vacate, close and abandon this easement by requesting a final plat approval from the Planning & Zoning Board (P&Z Board) and from the Opa-locka City Commission with any conditions required by Miami-Dade County Platting Division. The applicant presented this request to the P&Z Board on February 6, 2018 for final plat approval and this request was recommended for approval by a 3 to 0 vote. The applicant is now presenting this request for Final Plat approval to the City Commission to be able to complete this process with Miami Dade County Platting Division. Resolution—Approving Final Plat for 2040 NW 141 Street 2-28-18 Financial Impact: The City will not expend any funds because of the approval of this legislation. Implementation Time Line: Immediately Legislative History: None Staff Recommendation: Staff recommends approval of this legislation Planning Council Recommendation: Recommended Approval of Tentative Plat 10/4/16 Recommended Approval of Final Plat 2/6/18 Attachment(s) P&Z Board Application P&Z Board Staff Report Draft Resolution for Final Plat Approval Property Survey Request for Final Plat Prepared By: Planning & Community Development Dept Gregory Gay, Director Gerald Lee, Zoning Official Resolution —Approving Final Plat of 2040 NW 141 Street 2/28/18 2 " THE GREAT CITY " ( ycof aPGIog,UUMA grkittikki h PLANNING & ZONING BOARD MEETING SCHEDULE AND REQUIREMENTS FY 2017-2018 TOTAL FEES: $1050 New Fees as of October 1,2015 FY 2017-2018 Meeting Dates Application&Plans Due Dates 1st Tuesday of Each Month) October 3,2017 August 18,2017 November 7,2017 September 22,2017 December 5,2017 October 20,2017 January 9,2018 November 17,2017 February 6,2018 December 22,2017 March 6,2018 January 19,2018 April 3,2018 February 16,2018 May 8,2018 March 16,2018 June 5,2018 April20,2018 July 10,2018 May 18,2018 August 7,2018 June 22,2018 September 4,2018 July 20,2018 1. All individuals seeking to appear before the Planning&Zoning Board must submit their completed P&Z • Board application along 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&Zoning Board is not the property owner he must provide an affidavit of authorization from the property owner. 3. All meetings are held on the first Tuesday of each month at the City of Opa-locka City Commission Chambers,215 Perviz Avenue:Time 7:00 P.M.(as per the scheduled dates) 4. 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 Fisherman Street(Fourth 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 " ,0.i-,.1-.-0-6A,4 ,' 704/' ft, City tof- tn\ a Pamg,8EIMA ..,.y0o?r.oHOttO j egiorickb PLANNING&ZONING BOARD APPLICATION APPLICATION NUMBER: CHECK NUMBER: DATE RECEIVED: PROPERTY OWNER'S NAME: Opa Industrial Park, LLC PROPERTY OWNER'S ADDRESS: 2040 NW 141 ST Opa Locka Florida 33054 Number/Street City State/Zip Code APPLICANT'S NAME: Opa Industrial Park, LLC APPLICANT'S ADDRESS: 2040 NW 141 ST Opa Locka Florida 33054 Number/Street City State/Zip Code PHONE NUMBER: OFFICE (305)374-5300 HOME OTHER SUBJECT PROPERTY ADDRESS: 2040 NW 141 ST Number/Street TAX FOLIO NUMBER: 08-2122-017-0250 PRESENT ZONING: IU-1 LEGAL DESCRIPTION: See Exhibit A Please check specific request: Tentative Plat Final Plat _Comprehensive Plan Amendment_Small Scale:_Large Scale(please specify type of amendment below) _Rezoning _Drainage Plan _Fill Permit Request Preliminary Site Plan Review Final Site Plan Review Conditional Use Permit—No Plans _Conditional Use Permit—With Plans _Special 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: Please refer to attached Letter of Intent Page 2 of 5 Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 fO(u 'y W ,.. \ o „, PLANNING &ZONING APPLICATION (Checklist) Applications will not be accepted'without the following data. For a public hearing, all items below are necessary and must be submitted. Completed application form Application fee payable to the City of Opa-locka by check or money order Copy of property owner's and/or applicant's driver license/photo I.D. Affidavit(see below),and power of attorney of the property owner(page 3)(Both must be Notarized) A completed Neighborhood Petition form (attached) with the signature of each property owner in front, rear, 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) years from the 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 parking in accordance with the City's zoning ordinance;(size 36 x 24 and at least 7 sealed copies) Map showing the parcel to be considered and all of the properties legal descriptions of all parcels within 375' radius of said parcel.Map to be 1”= 100"scale. Owner's name,address,folio number and legal description on each parcel(Original and 2 copies size of document to accommodate scale) Narrative concept to be submitted with application Jorge • a :rias,Man- er of AFFIDAVIT I Opa I dustrial "ark,LL' be g st duly sworn,depose and say that I am the OWNER of the property ,and I underst,nd that th's appli,ation mu t b.comp -to and accurate before a public hearing can be advertised. Signature _ _ _ l (1) l I ,•�1�a . GRETHERPADILLA .I— I + '�` _ Notary Pt bi c-Y.a;eofflori d> ( .+ �.' Con m ss on=CG 15C512 Date : s' _+ ; My Corm Expires Oct 11,2021 I ', ' 8ordedtt•rcu 1,',viva!ACtarvMse. Sworn to and subscribed before me: Y� 10, �I—gam, This day of fI My commission expires )0/11/1,20 2 ) . Notary Pub• Attach copy of identification Page 3 of 5 Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 e'' ' , 09 n - o/ PLANNING &ZONING 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: Opa Industrial Park, LLC Subject: Power of Attorney(authorization for a person, other than the property owner, to speak in the property owner's behalf). I Jorge A Zacarias,Manager of Opa Industrial Park,LLC ,being first duly sworn,depose and say that I am the owner of the property legally described as: See Fxhibit A I do give to Graham Penn the power of Attorney and authority to speak in my behalf in re - enc. to the •ove de. ribed property. Further, by affixing my notarized signature to this document, I also authorize ' raham -en to negotiate and commit to the City Commission and City Adminis :don in m be aif. I will,big • • all final determinations of the City Commission and City.Administration. I_p Signature l 1 - /1— Date Sworn to and subscribed before me: This .) (4)day o ei—O al My commission expires: I,0/ n °2') Notary Public !!! GR:T-:;;FOIL LA ..,, ''''fit;', No'.atY?1;6"`-S'"----2 a Attach copy of identification (i...,--, r„ .1 ro=3:,::,cxpi! ti,zez} • cX ces Oct s: M-°mm Page 4 of 5 '')Fe.^ .� 6c�dcdtFicueT hati:f titictxry Rssr. Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 /D It \ il:it of PLANNING&ZONING APPLICATION NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 ST LEGAL DESCRIPTION: Lots 1 thru 3 and lots 22 thru 24, Block 2 of"Bardol Subdivision", according to the plat thereof,as recorded in Plat Book 62,at Page 76,of the Public Records of Miami-Dade County,Florida. PROPERTY OWNER'S NAME: PHONE: ADDRESS(If different): Signature Page 5 of 5 Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 Neighborhood Petition Signatures Obtained During Tentative Plat Page 5 of 5 Attach copy of identification • • PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 Street,Opa Locka,FL 33054 LEGAL DESCRIPTION:Lots 1 thru 3, and Lots 22 thru 24, Block 2 of "Bardol Subdivision", according to the plat thereof,as recorded In Plat Book 62,at Page 76, o e -u. c -ecor.s o ' am•aa;e oun , or •a, PROPERTY OWNER'S NAME: � �c1,�It,.� PHONE: As,((Y. 3.30 ADDRESS(If different): /40,1 iJ tJ--.1 Signature Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 Page 5 of 5 Attach copy of identification '' • \o PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 Street,Opa Locke,FL 33064 LEGAL DESCRIPTION:Lots 1 thru 3, and Lots 22 thru 24, Block 2 of"Bardol Subdivision", according to the plat thereof,as recorded in Plat Book 62, at Page 76, o 1 e -u. c -ecor.so ' am-'a.e oun , o •a. PROPERTY OWNER'S NAME: g1', 0 ii C(j9/UJ PHONE: 7C9 (d.°6 ADDRESS(If different): (i/0 o Z o /OW Z 0 /7 o (rf ,9; Q c4 Signature Reference to Ordinance 15-13 Lind Development Regulations/Zoning Code:Ordinance 15-31 • Page 5 of 5 Attach copy of identification PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 Street,Opa Locka,FL 33054 LEGAL DESCRIPTION:Lote 1 thru 3. a_ld Lots 22 thru 24. Block 2 of"Bardol Subdivision", according to the plat thereof,as recorded In Plat Book 62,at Page 76, o e u. c -ecor.so ' am-111.0 oun , or .a. PROPERTY OWNER'S Rid /}IA /OR NAME: /" � PHONE: 7` //7 ADDRESS(If different): / a a 0 41 - 3 ? 0 311 Signature Reference to Ordinance 15.13 Land Development Regulations/Zoning Code:Ordinance 15-31 Page 5 of 5 "c, Attach copy of'identification l\.1 PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 Street,Opa Locke,FL 33064 LEGAL DESCRIPTION:Lots 1 thru 3, and Lots 22 thru 24, Block 2 of"Bardol Subdivision", according to the plat thereof,as recorded In Plat Book 62, at Page 76, o e •u. c ecor s o ' am•aa.e oun , or .a. v PROPERTY OWNER'S NAME: :' fiA ii%�./,r/1'�" - 1_ QNE3 �$U/-•2 V/ ADDRESS.(If different): () of- 4101) Signature • Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 , , Page 5 of 5 „..1,2(I!•„ Attach copy of identification "Y r. 'err.�,.�A_t` � ) 1'. PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 Street,Opa Locke,FL 33064 LEGAL DESCRIPTION:Lote 1 thru 3. and Lois 22 thru 24, Block 2 of"Bardol Subdivision", according to the plat thereof,as recorded in Plat Book 62,at Page 76, o e •u. c -ecor.so ' am•.a•e oun , or .a. ✓ (a5.-P(5 r PROPERTY OWNER'S NAME: � b PHONE:30 i ADDRESS(If different): ( ef®(r 0 Al ti-1 lit Ave, ' 01-- 1-8 404.-g---zo. 1 ,6 ;0 I Signa e Reference to Ordinance 15.13 Land Development Regulations!Zoning Code:Ordinance 15-31 Page 5 of 5 Attach copy of identification 4: ,n, o PLANNING COUNCIL NEIGHBORHOOD PETITION RE: PROPERTY ADDRESS: 2040 NW 141 Street,Opa Locka,FL. 33064 LEGAL DESCRIPTION:i.ots 1 thru 3. and Lots 22 thru 24, Block 2 of "Bardol Subdivision", according to the plat thereof,as recorded In Plat Book 62,at Page 76, o e -u. c -ecor.so ' am-aa.e oun , or .a. • PROPERTY OWNER'S NAME: dT A �''���a 44-4' I 141A-1' PHONE: )c. - Th ADDRESS(If different): 2-0.-i lJ tjj J ` ( S 7 O4t-(o c�l�,�. 33,0�•- Reference to Ordinance 15-13 Land Development Regulations/Zoning Code:Ordinance 15-31 BERCOW RADELL FERNANDEZ & LARKIN ZONING, LAND USE AND ENVIRONMENTAL LAW DIRECT LINE:(305)377-6229 Email:GPenn©BRZoningLaw.com VIA HAND DELIVERY November 3,2017 Mr.Gregory Gay Director Community Development Department 780 Fisherman Street,4th Floor Opa-locka,FL 33054 RE: Letter of Intent for Final Plat for the Property Located at 2040 NW 141 Street in the City of Opa-Locka,Florida Dear Mr.Gay: As you are aware, this law firm represents Opa Industrial Park, LLC (the "Applicant")in connection with the property located at 2040 NW 141 Street in Opa-Locka, Florida(the"Property"). Please allow this letter to serve as the Applicant's required letter of intent in support of a final plat to re-plat the Property. Property. The Property, which is approximately 32,556 square feet in size, is identified by Miami-Dade County Folio No. 08-2122-017-0250. See Exhibit A. The Property is located on the south side of NW 141 Street,between NW 20 Court and NW 20 Avenue. The Property is zoned"IU-1,Light Industrial." There is an existing warehouse structure on the Property that is approximately 33,107 square feet in size, which was constructed in 1968. While the majority of the Property is one-story in height,a portion of the structure is two-stories in height. Notably, there is currently a twelve foot(12') utility easement that runs through the center of the Property ("Easement"). However, the existing structure was constructed atop the Easement. The Applicant has actively worked to repair and renovate the Property since acquiring the Property. Recently, the Applicant obtained the 40 year recertification for the Property. Proposal. The Applicant seeks to close, vacate and abandon the Easement, in accordance with the longstanding use of the Property. As the existing structure was built atop of the Easement several decades ago,the Easement no longer serves any reasonable purposes,including utility purposes. We have also confirmed with City staff that the SOUTHEAST FINANCIAL CENTER•200 SOUTH BISCAYNE BOULEVARD, SUITE 850• MIAMI, FLORIDA 33131 PHONE.305.374.5300•FAX. 305.377.6222•WWW.BRZONINGLAW.COM Mr. Gregory Gay,Director Community Development Department November 3,2017 Page 2 there are no water or sewer lines on the Property itself. The Property has been and is currently served by all necessary utilities without utilization of the Easement. Therefore, the Applicant requests the Easement,which is an encumbrance on the Property,be closed, vacated and abandoned. Background. The City's Planning Council approved the tentative plat application through Resolution No. SP-161001-01 on October 4, 2016. See Exhibit B. Subsequent to the Planning Council approval, the Applicant submitted for County approval of the tentative plat. On July 21,2017,the County's Plat Committee approved the tentative plat, listing certain punch list items that must be provided to the County prior to recordation of the final plat mylar. See Exhibit C. Application Requests and Analysis. As explained above, the Applicant seeks approval of the final plat in order to close, vacate and abandon the Easement. While Chapter 28 of the Miami-Dade County Code applies to both unincorporated areas of the County as well as incorporated areas, such as the City, the City's Land Development Regulations defines a final plat as"the final tracing map or drawing or chart on which the subdividers plan of subdivision is presented to the governing body for approval and which,if approved,will be submitted to the Clerk of the Circuit Court for recording." The proposed final plat, which merely seeks to close, vacate and abandon the Easement and bring the Property into conformance,is a re-plat of Tract A Lots 1,2,,3,22, 23, and 24 of Block 2 of"BARDOL SUBDIVISION," as recorded in Plat Book 62 at Page 76,of the Public Records of Miami-Dade County,Florida. The proposed final plat is not only consistent with the City's Land Development Regulations and Chapter 28 of the Miami-Dade County Code,but also Chapter 177 of Florida Statutes. Conclusion. For the abovementioned reasons,the Applicant believes the request is appropriate. We look forward to your review and favorable recommendation. If you have any questions or concerns regarding this letter,please do not hesitate to phone my direct line at(305)377-6229. Sincere ' aha Penn Enclosures cc: Mr.Jorge Zacarias Christopher Zacarias,Esq. BERCOW RADELL FERNANDEZ dc LARKIN ZONING. LANG U5E ANC. ENVIRONMENTAL LAW 7/11/2017 Property Search Application-Miami-Dade County Exh i b i1 i 9 jJHJLJ%*\y Summary Report Generated On:7/11/201 Property Information t a. i I Folio: 08-2122-017-0250 ' b +� i�'� I 2040 NW 141 ST ,�� ' + r I � , t ri x i �a • Property Address l,t r b Opa-locks,FL 33054-4137 t . r ,,, . r , Owner OPA INDUSTRIAL PARK LLC -i i. Mailing Address 1750 N BAYSHORE DR 2705 r -_' " MIAMI,FL 33132 USA . la,*s'. ?I' 1 ti i '� !t li A� ' PA Primary Zone 7100 INDUSTRIAL-LIGHT MFG t �r C �, ayy k"1 ,7} ' t IT '3�y b+�-t, 41/4 f ! a Ii , 4236 HEAVY INDUSTRIAL:HEAVY %` t 4 +� ; Primary Land Use t ' 1 •} t r?+;'�s+w ,A IND OR LUMBER YARD ., + 17.----r--, ,Beds/Baths/Half 0/0/0 ' [eft t a ' -:* ' M{��'� � ' Floors 2 1' r1 { } f Living Units 0 )t f• �,f C-1,-,-"t1 .i. i ;v1 i'44, i it li'. Actual Area Sq.Ft - u - '-. i. -0, 'it I Living Area Sq.Ft ', ,+I. , , w Y � h."+ �. 2 I,r -¢ t� ,. ,c' 1 ,'` „',ter1l) k,� 1+11 J� , } Adjusted Area 33,107 Sq.Ft Lot Size 32,556 Sq.Ft Taxable Value Information Year Built 1968 2017 2016 2015 County Assessment Information Exemption Value $0 $0 $0 Year 2017 2016 2015 Taxable Value $1,051,600 $956,000 $1,181,088 Land Value $293,004 $162,780 $162,780 School Board Building Value $851,996 $793,220 $935,284 Exemption Value $0 $0 $0 XF Value $0 $0 $83,024 Taxable Value $1,145,000 $956,000 $1,181,088 Market Value $1,145,000 $956,000 $1,181,088 City Assessed Value $1,051,600 $956,000 $1,181,088 Exemption Value $0 $0 $0 Taxable Value $1,051,600 $956,000 $1,181,088 Benefits Information Regional Benefit Type 2017 2016 2015 Exemption Value $0 $0 $0 Non-Homestead Cap Assessment Reduction $93,400 Taxable Value $1,051,600 $956,000 $1,181,088 Note:Not all benefits are applicable to all Taxable Values(i.e.County,School Board,City,Regional). Sales Information Short Legal Description Previous OR Sale Price Book- Qualification Description BARDOL SUB PB 62-76 Page LOTS 1 THRU 3& 10/06/2015 $2,900,000 29815- Qual on DOS,multi-parcel sale LOTS 22 THRU 24 BLK 2 2174 LOT SIZE 32556 SQ FT 01/22/2014 $100 29017- Corrective,tax or QCD;min consideration 2115 OR 21010-3184 0203 1 12/01/2007 $2,166,000 26099- Other disqualified 1035 01/01/2007 $0 25266- Sales which are disqualified as a result of 3824 examination of the deed The Office of the Property Appraiser is continually editing and updating the tax roll.This website may not reflect the most current information on record.The Property Appraiser and Miami-Dade County assumes no liability,see full disclaimer and User Agreement at http://www.miamidade.govlinfo/disciaimer.asp Version: Exhibit B VII. Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS) Resolution No.SP-161004-01 RESOLUTION OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING TO THE APPLICATION OF:OPA INDUSTRIAL PARK, LLC REQUEST FOR TENTATIVE PLAT APPROVAL TO CLOSE, VACATE AND • ABANDON THE EASEMENT LOCATED UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET. WHEREAS,applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-locka. NOW,THEREFORE,IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby a. APPROVED U DATE: 10-04-2016 b. DENIED ❑ c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on_/ —/ 2) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. b. ***The Planning Council Approval/Denial of this request was by a 3 TO 1 vote*** I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this 6th day . March,2017. • (-0111PA -C--litrirfecson or Designee city of Opa.Jncka I Planning and Community Development Depatiment Exhibit C KATHERINE SUBDIVISION Q Opinion of Title (Valid for 30 days, unincorporated; 45 days municipality).An update is usually required before the County TENTATIVE PLAT NO. 23941-2-COR. Commissioners meeting and/or recordation. Sec. 22 Twp. 52 Rge. 41 Q Paid Tax receipts(and escrow,if applicable). Municipality: OPA LOCKA Q Processing fcc for Final Plat. Zoned: N-1 Q Recording fee for Final Plat. Q Water Control Division approval after final plat submittal. RECOMMENDS (DRER) APPROVAL 2\—VI I► Date.Regulatory and onomicRe .urces Dept.(Platting) Q Approval regarding method of water supply. RECOMMENDS. Q Approval regarding method of sewage disposal. APPROVAL r 71i^ Date. Regulatory and Econ. c Resource ept.(Zoning) Q Certified copy of municipal ordinance and/or resolution accepting Inal plat and letter(s)staling paving and drainage plans have been approved and Improvement Bond held by Municipality (if applicable). Q Recommends approval subject to the City of Opa Loft requirements and the requirements checked below: Q Letter from F.P.&L. Company (TP-7 letter) regarding underground electric service(ORD.68-69). • Concurrency approval by the Municipality is required prior to final pint review and prior to the issuance of a building permit. Q State Plane Coordinate Data Sheet. Municipality coicu rency review to include all City, State and County roads. Q AFTER SUBMITTAL OF FINAL PLAT,CHECK THE PUNCH LIST AT THE FOLLOWING WEBSITE FOR ADDITIONAL Q Tentative Plat valid until S��A "Z-1 SCHEDULING AND/OR RECORDATION REQUIREMENTS. Note: The Plat Committee must officially oitln://www.min review the Extension of Time request prior to the expiration of the Tentative Plat. Application request must be submitted at least ten (10) days prior to said Plat Committee meeting. Q No road, sidewalks or drainage facilities within unincorporated Miami Dade County or on County maintained rights-of--ways are to be constructed or Installed without prior knowledge,approval and complete progressive inspection by the Department of Transportation and Public Works.Construction or installation of these facilities does not guarantee acceptance by the County unless final plat is approved and recorded. Q Final approval and recording subject to the Department of • Regulatory and Economic Resources (Environmental Resources Management)and the Florida Department of Health approval on sewage disposal facilities and water supply. Q Ste_Jo be tilled to County Flood Criteria Elevation of l N.G.V.D,or to an elevation not less than the approved crown of the road fronting the property.Cutting of existing grade is not permitted below the established base flood elevation of the F.1R.M.for Miami Dade County Florida Community t#125098. Q Property owner/Developer must provide the needed improvements within the right-of-way. Q For the removal of any tree a permit is required. • Letters from utility companies accepting vacation of existing easement(s) are required prior to final plat review. Q See the attached Department of Regulatory and Economic Resources(Environmental Resources Management)memorandum for environmental concerns and requirements. Q See attached Miami Dade Water and Sewer Department (MDWASAD) memorandum for water and sewer concerns and requirements.Contact Maria Capote at(786)268-5329 for details. Q Final 111yln•(a)plus live(5)prints. ag„, rio development resources public hearing notification packages I lists of property owners within a specific radius+radius maps+ mailing labels www.rdrmiami.com diana @rdrmiami.com 1 305.498.1614 October 24, 2017 City of Opa-Locka • Re: Property Owners List within 375 feet of: SUBJECT: 2040 NW 141 ST, OPA-LOCKA, FL 33054 FOLIO NUMBER: 08-2122-017-0250 LEGAL DESCRIPTION: BARDOL SUB PB 62-76 LOTS 1 THRU 3 & LOTS 22 THRU 24 BLK 2 This is to certify that the attached ownership list, map and mailing labels are a complete and accurate representation of the real estate property and property owners within 375 feet radius of the external boundaries of the subject property listed above, including the subject property. This reflects the most current records on the file in Miami-Dade County Property Appraisers' Office. Sincerely, RDR ( Diana B. Rio Total number of property owners without repetition: 54, including 0 international • Rio Development Resources, LLC("RDR' has used its best efforts in collecting the information published in this report and the findings contained in the report are based solely and exclusively on information provided by you and information gathered from public records and that local government.By acceptance of this report,you agree to hold RDR harmless and indemnify RDR from any and all losses,damages, liabilities and expenses which can be claimed against RDR caused by or related to this report. 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PI, rio development resources public hearing notification packages I lists of property owners within a specific radius+radius maps+ mailing labels www.rdrmiami.com I diana @rdrmiami.com 1 305.498.1614 375' RADIUS MAP O ! i I I I .■ I 3''' , I I i I MN141 ST.STr _. ._ _ - 3 � 5 R � . _ � -- _ ;-� -- ..� 1 -` "� rn m III { I `. .I I h I�_ 1 { — NJJ139iNST_ _..� I_ .�i I. �.�1 �_�L.__.—d I I i,1 --- MN 139TH ST- 1 I ! ■ to SUBJECT: 2040 NW 141 ST, OPA-LOCKA, FL 33054 FOLIO NUMBER: 08-2122-017-0250 LEGAL DESCRIPTION: BARDOL SUB PB 62-76 LOTS 1 THRU 3 & LOTS 22 THRU 24 BLK 2 PLANNING & February 6 LOC C)9 m O�' (t) h' G ZONING 0 ��It�..R.�4_ ,0 BOARD 'z �ORAORt►'�E y 0 CITY OF OPA-LOCKA: APPLICANT'S REQUEST: A Resolution of the Planning & Zoning Board of the City of Opa locka, Florida Recommending Approval of the Final Plat to Close, Vacate and Abandon the Staff Report Easement Located Under A Warehouse Building Located at 2040 NW 141St Street, Opa locka, Florida in the I-1 Industrial District; Providing for approval with any Conditions Proposed by Miami Dade County Platting Division; Providing for an Effective Date. The Property Site is Highlighted in> ;Si lo - ' iii 1.i'l I k� a } F 4� s ._ 3 g N W 141ST SaT v a` § t. ° i S $ st . °" ' « ;: .� ° Si .t iii ",. .�.,.w. ` l• pa 1 ?:fir v.d"A" x ,r i 5 tq K r xC $, _ m ft s i r_ ,. ", .7' ,..4 ';",A" ° ."'",'-' , 0... 1 i. , T;tt9aTH.S T y N S City of ()pa-locka I Planning and Conuuunih Dccclopntcw llcpailmenl Table of Contents Site Background Project and overall analysis II Project need assessment Ill Development Review Committee ...IV Staff Recommendation V Attachment VI Planning & Zoning Board Resolution VII City of Opa-locka I Planning and Community Dece1opnicut Department Site Background • Request This request is to legally close, vacate and abandon the 12' utility easement that runs through the center of the property which is under a 33,107 square foot warehouse structure that was constructed in 1968. This utility easement no longer serves any reasonable purposes, including utility purposes. • Legal Description Lots 1 thru 3 and lots 22 thru 24, Block 2 of "Bardol Subdivision", according to the plat thereof, as recorded in Plat Book 62, at Page 76, of the Public Records of Miami-Dade County, Florida. II. Project Details & Overall Analysis • Applicant's intent Opa Industrial Park, LLC's Manager, Jorge A Zacarias and the Firm of Bercow, Randell, Fernandez & Larkin on October 04, 2016 presented their request for Tentative Plat approval to the Planning Council and the request was approved by a 3 to 1 vote. The applicant intends to complete this process to vacate, close and abandon this easement by requesting this final plat approval from the Planning & Zoning Board and the Opa-locka City Commission with any conditions required by Miami-Dade County Platting Division. Site Can#utations & Land Develo#ment Re•ulation I Zonin• code Table s' A• •licant Opa Industrial Park, LLC Folio Number 08-2122-017-0250; Address Location 2040 NW 141 Street Buildin• s Foot•rint Office/Industrial Warehouse Space:33,107 SF(according to Site Plan) Floor Area 33,107 SF onin• I-1 (Light Industrial District) Zoning Code'Consistency Pursuant to Ordinance 1.5.31, Section 22-81, Section 22-92 the current use is consi i stent with the City's current Land Development Regulation/Zoning Code. Existin• Land Use Industrial Future Land Use Industrial Desi•nation • Comprehensive Plan The proposed use is consistent with the Comprehensive Plan Future Land Use Consistent. Element for Industrial Use. ,I•l .1- LDR S- tr• Ordinance no. 15-31, Section 22-92;Section 22-81; REQUIRED PROPOSED COMPLIANCE SET BACKS/YARD The Property has an existing building that was constructed in 1968 and may not be consistent with current zoning requirements for setbacks Front 15 feet 0' Feet(existing) No Rear 15 feet 0' Feet(existing) No Side East 7 feet 0' Feet(existing) No Side est 7 feet 0' feet(existing) No Corner Lots/Otlr'w N/A N/A N/A City'of Opa-locka Planning and Connuunhv 1)c■c1opnicnt Dcpaitnxnl Lot Coverage 75%maximum as is 1-2 33,107 sq ft No (max 24,830 sq ft) Lot Densi N/A N/A N/A Minimum Lot Size 10,000 SF minimum 33,107 SF yes Building Height 3 stories or 45 feet whichever is 2 story yes less Structure Len•th N/A N/A N/A Other Vehicular Use Area N/A N/A N/A Landsca•iin • Parking Details 1/2,500 sq ft of warehouse& 32 parking spaces yes 1/400 sq ft of office space)_ 33,107 sq ft warehouse 14 parking spaces Office sq ft=4 parking spaces Requires 20 parking spaces Landscape/Pervious Lot c. N/A N/A N/A Covera•e Notification Requirement This request has been submitted and found sufficient for proper notice of advertisement,requirements pursuant to state law and City of Opa-locks Charter Code by the city clerk's office. A copy of notice for advertisement titles were given to the Clerk's Office on January 24,2018,to be advertise at least 7 days prior to this Planning Council meeting on Tuesday, February 6th,2018, - City Commission Meeting.TBD Local Government Action The City Commission must review this Final Plat request and consider Required approval/disapproval after it is reviewed by the Planning&Zoning Board and any other applicable board or agency. City of Opa-locka I Planning and<'oniiunily I)cvclopnmcnl 1)cpallnicnl Existing Conditions: I Y / ,,,'' ' Ie, ��t ,�b 'tea r r'$$W 14 4,„,YT szi„, "' v « yaSN �.. ,, .,a " , x a, ,,,! ,,:_ _, N.-s T .4 . ,� .,, • R= Surrounding Land Use and Zoning: Table 2 Lo cation i i r Future l and !s FLU on in,; North Industrial Industrial I-1 South Industrial Industrial I-1 East Industrial Industrial' I-1 west` Industrial Industrial I-1 City of Opa-Iocka I PIaniiiiit and C ommunily Dccdopnicii(I)cparinicill Surrounding Zoning Designation 1111: (Subject property outlined in red-) 1 ..,q,I-1 a Z ri fi; B-2 l j NW 141ST ST I r""_'.-" I-1 i i I i 204 tell 141ST ST, 3U54 N (f o I j OPA- OCKA I I I yw- .- toG B-2 I-1 sio i II ,..,1 ...„.. i P m ■ Z 1 N NW 139TH ST 1! N ��, , ..,.,. �.m,..-- .. ..0 City of ()I)a-locka I Plaiuiiug:uid Com nun at I, I)clLlopnlcul 1)cpail01cnl • General Character/Neighborhood Compatibility:The request proposed, is to approve the Final Plat to close, vacate and abandon the easement located under a warehouse building located at 2040 NW 141 Street, Opa-locka, Florida in the Light Industrial District(I-1). The uses that operate at this location are those permitted by the City Land Development Regulations and are comparable and compatible with those at the proximal properties in this industrial district. The request is to address the non-use of the utility easement by abandoning and vacating it and declaring the space as buildable and privately useable. This building has been in existence for the last fifty years and has been and is currently being served by all necessary utilities without this easement. The business operations on this site are in harmony with the general character of the surrounding neighborhood business operations considering the other industrial warehouse buildings and industrial uses. • Findings: the proposed action will in no way impede disrupt or be in disharmony with the surrounding industrial uses which includes major and minor manufacturing and product processing as well as mechanical and body repair of vehicles, auto broker operations, wholesale storage and distribution of products, construction trade operations, fleet operations, etc. This site is reserved for industrial uses and is compatible with the established uses. • Tree Preservation:Compliance with Tree Preservation Ordinance required pursuant to City ORDINANCE NO. 10-03 and the Requirements of Ordinance 15-31 Article VII Landscaping and Tree Preservation. Findings: This aspect of this site is not being addressed because the site is almost completely impervious, it is a built environment with no new construction being requested and does not provide for additional landscaping opportunities. • I-1 (Light Industrial District): Project Specific: Opa Industrial Park, LLC request the Final Plat approval to close, vacate and abandon the easement located under the building at 2040 NW 141"Street, Opa-locka,Florida in this zoning district. This request is in conformance with City Land Development Regulation 15-31 Findings: According to the City's Land Development Regulation,this request requires Planning& Zoning Board review and City Commission review and approval as a prerequisite to Miami-Dade Plat approval. • Community Comments/Petitions: Findings: The applicant/Owner did return signed documents or presented letters to the city of the comments from the surrounding neighbors regarding this proposed request and all were favorable. III. Project Need Assessment /other Required Approvals 1. Comprehensive Plan Amendment(Small or large Scale): Land Use Change(Map Amendment); subject to the Department of Economic Opportunity (DEO) Review. • Findings: N/A 2. Land Development Regulation/Zoning Code Text Amendment • Findings: N/A 3. Rezoning/Zoning Change/Zoning Map Amendment: • Findings: N/A 4. Site Plan • Findings: N/A: Application submitted was for Final Plat Review for Planning& Zoning Board Meeting(this meeting)Tuesday, February 6th, 2018 City of Opa-locka I Planning and Coniniuniii, Dcvclopnicni Dcpat1mcnt 5. Development Agreement/Restrictive Covenant • Findings: N/A: IV. Development Review Committee (DRC): Meeting Review Comments 1. Capital Improvement Project (CIP) reviews: • Findings: N/A 2. Building reviews: • Findings: N/A 3. Police reviews: • Findings: N/A 4. Community Redevelopment Agency (CRA): • Findings: N/A 5. City Manager's Office (CMO): • Findings: N/A 6. Code Enforcement: • Findings: N/A 7. City Attorney's Office: • Findings: N/A 8. Public works: • Findings: N/A 9. Inter-jurisdictional Review: • Findings: Review and consideration for approval by MiamiDade County Platting Division will follow the final disposition of the Opa-locka City Commission. V. Staff Recommendation: • Staff recommend approval of this Final Plat request to close, vacate and abandon the easement located under a warehouse building located at 2040 NW 1415`Street, Opa-locka, Florida in the Liberal Industrial (I-1) zoning district. VT. Attachments: • Boundary &Topographic Survey and Final Plat Planning and Communit Develo•ment Department ss c`s L 11 Project Planner /Zoning Gerald J. Lee,Zoning Official/Planner Approved by Gregory D. Gay, Director Planning and Community Development City of On-locka I Planning and Comniumn Dcvclopnicnl Depailmcnl VII. Planning Council Decision:(PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS) Resolution No. SP-16 (TBD) A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA- LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE FINAL PLAT TO CLOSE, VACATE AND ABANDON THE EASEMENT LOCATED UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET, OPA-LOCKA, FLORIDA IN THE I-1 INDUSTRIAL DISTRICT; WHEREAS, applicant has appeared before this Board for the request in the application, and all evidence, documents and exhibits have been received and marked pursuant to the Code of Ordinance of the City of Opa-locka. NOW, THEREFORE, IT IS RESOLVED AS FOLLOWS: 1) That the request in the application by the applicant be and the same is hereby • a. APPROVED DATE: 02-6-2018 b. DENIED ❑ c. NOT DETERMINE ❑ until additional consideration at the regular meeting to be held on_ / _ / 2) That the following special condition be and they are hereby imposed, conditioning the determination aforementioned: a. The Applicant shall comply withal requirements of Section 28 of the Miami Dade County Code. b. The Applicant shall comply with all requirements and obtain approvals from the Miami-Dade County Department of Public Works, Plaiting Division. c. The Final Plat must be recorded with Miami-Dade County Clerk's Office. 'E*'E The Planning Council Approval/Denial of this request was by a 3 TO 0 vote' I HEREBY CERTIFY that the resolution containing the determination of this Board is a true and correct copy as is reflected upon the public records of the City of Opa-locka this 6th day of February, 2018. Chairperson or Designee City of Opa-louka I Planning and Coniniunily Devclopmcnt Dcpannicnl VIII. DEVELOPMENT AGREEMENT A Development Agreement is not required-This is a Request for Final Plat Approval The additional Planning & Zoning Board recommended conditions are as follows: The Following changes/recommendations are updates based on the Planning & Zoning Board Meeting discussions in regards to the proposed request by Opa-Industrial Park, LLC pursuant to the requirements of the City Land Development Regulations. city of Opa-locka I Planning and Communise Dceclopnncul lkpaitnicnl I : •may,. � L1 RrJJ1 PLANNING & ZONING MEETING TUESDAY,FEBRUARY 6, 2018 ROLL CALL: The Planning & Zoning Board of the City of Opa-locka, met in a regular session on Tuesday, February 6, 2018 at 7: 08 p.m. at Sherbondy Village, 215 Perviz Avenue. The following members of the Planning &Zoning Board were present: Board Member Germane Barnes, & Board Member Rose Tydus, & Board Member Lloyd Tyler. Absent Board Members: Board Member Elio Guerrero, Board Member Dawn Mangham, & Chairman Calvin Russell Also in Attendance were Planning & Community Development Director, Gregory Gay, Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and City Attorney Vincent Brown. 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 February 6, 2018 Meeting Board Member Germane Barnes served as the "Chairman" in the absent of Chairman Calvin Russell. Appointed Chairman Barnes asked if a motion could be made to have the minutes approved from the July 27, 2017 meeting. Board Member Lloyd Tyler made a motion to approve the minutes. Board Member Rose Tydus second the motion. Wage There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Rose Tydus - Yes Lloyd Tyler - Yes IV. PUBLIC HEARING: 1. OPA INDUSTRIAL PARK, LLC 2040 NW 141 STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA,FLORIDA RECOMMENDING APPROVAL OF THE FINAL PLAT TO CLOSE,VACATE AND ABANDON THE EASEMENT LOCATED UNDER A WAREHOUSE BUILDING LOCATED AT 2040 NW 141ST STREET, OPA- LOCKA, FLORIDA IN THE I-1 INDUSTRIAL DISTRICT; PROVIDING FOR APPROVAL WITH ANY CONDITIONS PROPOSED BY MIAMI-DADE COUNTY PLATTING DIVISION; PROVIDING FOR AN EFFECTIVE DATE. The applicant, Opa Industrial Park, LLC represented by Attorney Graham Penn came before the Planning & Zoning Board and made a presentation. Once the applicant finished their presentation, appointed Chairman Barnes asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Appointed Chairman Germane Barnes asked for a motion to approve or deny their request. Board Member Lloyd Tyler made a motion to approve the request recommending approval of the final plat to close, vacate and abandon the easement located under a warehouse building located at 2040 NW 141s` Street, Opa-locka, Florida in the I-1 Industrial district; providing for approval with any conditions proposed by Miami-Dade County platting division; providing for an effective date. Board Member Tydus second the motion. Wage There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Rose Tydus - Yes Lloyd Tyler - Yes 2. GRAHAM PENN,ESQ/JEREMY & JOSHUA MATHIS 275 SABUR LANE, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING AND ZONING BOARD OF THE CITY OF OPA-LOCKA,FLORIDA APPROVING A REQUEST TO REZONE FROM R-1 TO R-3, OF THE PROPERTY LOCATED AT 275 SABUR LANE AND IDENTIFIED BY FOLIO 08-2121-003-0150 AND BY LEGAL DESCRIPTION LOT 7 IN BLOCK 102 OF REVISED PLAT NO. TWO OPA-LOCKA,ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 34, AT PAGE 67 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA; PROVIDNG FOR APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. The applicants, Jeremy and Joshua Mathis who is represented by Attorney Graham Penn, ESQ came before the Planning & Zoning Board and made a presentation. Once the applicants finished their presentation, Appointed Chairman Barnes asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Appointed Chairman Barnes asked for a motion to approve or deny their request. Board Member Lloyd Tyler made a motion to approve the request to rezone from R-1 to R-3 of the property located at 275 Sabur Lane and Identified by folio 08-2121-003-0150 and by legal description lot 7 in block 102 of revised plat no two Opa-locka, according to the plat thereof, as recorded in plat book 34, at page 67 of the public records of Dade County, Florida; providing for approval; providing for an effective date. Board Member Rose Tydus second the motion. Wage There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Rose Tydus - Yes Lloyd Tyler - Yes 3. GRAHAM PENN,ESQ/JEREMY & JOSHUA MATHIS 275 SABUR LANE OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE CITY OF OPA-LOCKA,FLORIDA APPROVING THE SITE PLAN AND SETBACK VARIANCE REQUESTS FOR THE PROPERTY LOCATED AT 275 SABUR LANE AND IDENTIFIED BY FOLIO 08-2121-003-0150 AND BY LEGAL DESCRIPTION LOT 7 IN BLOCK 102 OF REVISED PLAT NO. TWO OPA-LOCKA,ACCORDING TO THE PLAT THEROF,AS RECORDED IN PLAT BOOK 34,AT PAGE 67 OF THE PUBLIC RECORDS OF DADE COUNTY,FLORIDA; PROVIDING FOR APPROVAL; PROVIDING FOR AN EFFECTIVE DATE. The applicants, Jeremy and Joshua Mathis who is represented by Attorney Graham Penn, ESQ came before the Planning & Zoning Board and made a presentation concerning their setback variance and site plan approval. Once the applicants finished their presentation, appointed Chairman Barnes asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Appointed Chairman Barnes asked for a motion to approve or deny their request. Board Member Lloyd Tyler made a motion to approve the request of the site plan and setback variance requests for the property located at 275 Sabur Lane and identified by folio 08-2121- 003-0150 and by legal description lot 7 in Block 102 of revised Plat No. Two Opa-locka", according to the Plat thereof, as recorded in Plat Book 34, at page 67 of the public records of Dade County, Florida; providing for approval; providing for an effective date. Board Member Rose Tydus second the motion. 4IPage There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Rose Tydus - Yes Lloyd Tyler - Yes 4. CITY OF OPA-LOCKA. THE CITY OF OPA-LOCKA, FL 33054 REQUEST: AN ORDINANCE OF THE PLANNING & ZONNING BOARD OF THE CITY OF OPA-LOCKA FLORIDA, AMENDING ORDINANCE 15-31, SECTION 22- 92, I-1; SECTON 22-95, I-2; SECTION 22-93, I-3; SECTION 22-94,I-4 FOR A DEFINITION OF RECYCLING AS APPLICABLE IN EACH INDUSTRIAL ZONING DISTRICT,AND TO AMEND THE SECTION NUMBERS OF I-1 THROUGH I-4 IN ASSENDING ORDER PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND EFFECTIVE DATE. The applicant, City of Opa-locka came before the Planning & Zoning Board and made a presentation concerning an ordinance. Once the City of Opa-locka finished their presentation, Appointed Chairman Barnes asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Appointed Chairman Barnes asked for a motion to approve or deny their request. Board Member Lloyd Tyler made a motion to approve the request of amending ordinance 15-31. section 22-92, I-1; section 22-95, I-2; section 22-93, I-3; section 22-94, I-4 for a definition of recycling as applicable in each industrial zoning district, and to amend the section numbers of I-1 through 1-4 in ascending order providing for repealer; severability; codification; and an effective date. Board Member Rose Tydus second the motion. 51 Page There being no discussion, the motion passed by a 2-1. Germane Barnes - No Rose Tydus - Yes Lloyd Tyler - Yes 5. CITY OF OPA-LOCKA. THE CITY OF OPA-LOCKA, FL 33054 REQUEST: AN ORDINANCE OF THE PLANNING & ZOINING BOARD OF THE CITY OF OPA-LOCKA FLORIDA, AMENDING ORDINANCE 15-31, SECTION 22- 160, REGULATIONS FOR PARKING, STORING OR KEEPING COMMERCIAL VEHICLES,BOATS,BUSES, TRAILERS AND TRUCKS AND AMEND BY REMOVING THE HOURS ALLOWED FOR PARKING; "FOR A PERIOD EXCEEDING SIX (6) HOURS" PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE. The applicant, City of Opa-locka came before the Planning& Zoning Board and made a presentation concerning an ordinance. Once the City of Opa-locka finished their presentation, Appointed Chairman Barnes asked all board members do they have any questions. There were some discussions amongst the board members and they all presented a few questions to the applicant. Board Member Lloyd Tyler made a motion to approve the request of amending ordinance 15-31, section 22-160, regulation for parking, storing or keeping commercial vehicles, boats, buses, trailers and trucks and amend by removing the hours allowed for parking; "for a period exceeding six hours"providing for repealer; severability; codification; and an effective date. There being no discussion, the motion failed for lack of a second. 61 Page STAFF UPDATE VI ADJOURNMENT Board Member Germane Barnes adjourned the meeting at 7:55 pm. 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