HomeMy Public PortalAbout19-9619 Development Agreement with Nob Hill Enterprises for Auto Service station Sponsored by: City Manager
RESOLUTION NO. 19-9619
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, APPROVING A DEVELOPMENT
AGREEMENT, WITH NOB HILL ENTERPRISES, INC, FOR
AN AUTO SERVICE STATION TO BE LOCATED AT THE
SOUTH WEST CORNER OF NW 135TH STREET AND THE
LEJEUNE DOUGLAS CONNECTOR IN OPA-LOCKA AND
IDENTIFIED BY FOLIOS 08-2129-019-0010 AND 08- 2129-019-
0020 IN THE I-3 ZONING DISTRICT; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, Nob Hill Enterprises, Inc seeks approval from the City of Opa-locka
("City") to construct a convenience store and fueling facility for regular vehicles and large
diesel vehicles; and
WHEREAS, the use is compatible with the surrounding areas and will provide
services for the industrial and commuters that may be passing through the City of Opa-locka;
and
WHEREAS, the Planning and Zoning Board recommended approval by a 3-0 vote;
and
WHEREAS, the City Commission of the City of Opa-locka finds that it is in the best
interest of the City to approve the development agreement with Nob Hill Enterprise, Inc.
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. AUTHORIZATION
The City Commission of the City of Opa-locka hereby approves the
development agreement with Nob Hill Enterprises, Inc substantially in the form
attached.
SECTION 3. 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.
Resolution No. 19-9619
Section 4. 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 27th day of February, 2019.
/
Mayor Matthew A. Pigatt
Attest to: Approved as to form and legal sufficiency:
Jo. A a Flores THE BROWN LAW GROUP, LLC
Cit Clerk City Attorney
Moved by: VICE MAYOR DAVIS
Seconded by: COMMISSIONER BASS
Commissioner Vote: 4-1
Commissioner Burke: YES
Commissioner Kelley: NO
Commissioner Bass: YES
Vice-Mayor Davis: YES
Mayor Pigatt: YES
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Memorandum
TO: Newall Daughtrey
Interim City Manager
FROM: Gregory Gay Director
Gerald Lee, Zoning Official/Pla er
Planning & Community Development
DATE: February 8, 2019
RE: City Commission Agenda for 2-27-19
The Planning & Community Development Department received this development review
request and P&CD Department staff have reviewed this request and determined it is
complete. This item was presented to the P&Z Board on September 25, 2018 and after
their review the P&Z Board recommended approval of this request which is now being
forwarded to the City Commission for final review and approval or approval with
conditions or for denial as required by Zoning Ordinance 15-31 and the City Code.
The individual request and the specifics of the review is listed below.
The Applicant, Mikel Isaac do Knob Hill Enterprises, Inc. is also requesting approval of
the Development Agreement which memorializes the site plan as required by zoning
Ordinance 15-31. The P&Z Board has recommended approval of this Development
Agreement. P&CD Staff have recommended approval as the site plan complies with all
of the requirements of the zoning regulations.
END OF MEMORANDUM
City Commission Agenda Item-Zoning Review Request Summary 2-27-19
OQ'.00h9 .
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City of Opa-Locka
Agenda Cover Menio
Department Director: Gregory Gay Department Director
Signature:
Finance Director: Bryan Hamilton FD Signature:
Department _
City Manager: Newall J. Daughtrey CM Signature:
\wort
Commission Meeting Item Type: Resolution I •dinan e •ther
Date: 02-27-19 X
(EnterX in boxj
Fiscal Impact: Ordinance Reading: 1s,Reading 2nd
(Enter X in box) Yes No (Enter X in box) Reading
X X
Public Hearing: Yes No Yes No
X (Enter X in box) X X
Funding Source: (Enter Fund Advertising Requirement: Yes No
&Dept) (Enter X in box)
Account#: Ex: X
PTP
Contract/P.O. Required: Yes No RFP/RFQ/Bi#: N/A
(Enter X in box)
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan
(Enter X in box) Enhance Organizational p Obj./Strategy: (list the specific
X Bus.&Economic Dev • objective/strategy this item will
Public Safety 0 address)
Quality of Education
Qual.of Life&City Image 0
Communcation
Sponsor Name City Department: Planning&Community City Manager
Manager Development
Short Title:
A Resolution of the of the City Commission of the City of Opa-locka, Florida, recommending approval of
the Development Agreement for an Auto Service Station at the South West corner of NW 135th Street and
the LeJeune Douglas Connector, Opa-locka, FL 33054 and identified by folios 08-2129-019-0010 and 08-
2129-019-0020 in the 1-3 Zoning; Providing for an effective date.
Staff Summary:
Nob Hill Enterprises, Inc., through their spokesman, Mikel Isaac presented two requests to Planning &
Community Development Department Staff to be forwarded to the Planning &Zoning Board for their review
and approval recommendation to operate an auto service station at the south west corner of NW 135th
Street and the LeJeune Douglas Connector, Opa-locka, FL 33054. This site is comprised of two parcels
which are identified by folios 08-2129-019-0010 and 08-2129-019-0020 in the 1-3 Zoning District. The
Resolution-Nob Hill Enterprises, Inc DA 2-27-19
second request before the Planning & Zoning Board is for review and approval recommendation of the
Development Agreement for this auto service station on the site identified by the aforementioned folios in
the 1-3 zoning district in compliance with the City Zoning code, Ordinance 15-31.
Background
The request proposed, is to approve the construction of a convenience store and fueling facility for regular
vehicles and large diesel vehicle. The convenience store will be a 4200 square foot convenience store
with proper setbacks and landscaping to in compliance with City Code requirements and providing a
customer and pedestrian friendly environment. This use is compatible with the surrounding uses and is
complemental to the surrounding uses as it provides services for the industrial and transit population that
may be passing through the City of Opa-locka. The zoning of the surrounding properties are 1-3 to the
South, West and the South East; There are 1-2 zoning district properties to the East and North East; There
are B-2 zoning district properties to the North and B-3 zoning district properties to the North West. This
use is compatible with the uses of the zoning districts listed. This use is permitted within the mixed use
overlay district, the use is in harmony with the general character structure of the surrounding neighborhood
business operations considering the other industrial warehouse buildings, commercial uses and industrial
uses.
The proposed use is in harmony with the surrounding industrial and commercial 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, retail facility, vehicle fueling station, etc. This site is reserved for commercial and industrial
uses based on the standards of the mixed use overlay. This is compatible with the established uses. The
site plan provides that for this 98,207 square foot site and the applicant is providing 52 trees of three
different species and 565 shrubs and 210 flowering plants. The plan provides for ground cover of specific
areas by St Augustine grass. This request is in conformance with City Land Development Regulation 15-
31
Proposed Action:
Staff has recommended approval of this Development Agreement.
Attachment:
P&Z Application Package
P &Z Board Meeting Minutes 9-25-18
DRAFT Resolution-SP
Development Agreement
Resolution-Nob Hill Enterprises, Inc DA 2-27-19
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Memorandum
TO: Matthew A. Pigatt, Mayor
Chris Davis, Vice Mayor
Sherelean Bass, Commissioner
Alvin Burke, Commissioner
Joseph L. Kelley, Commissioner
FROM: Newell J. Daughtrey, Interim City Manager
DATE: January 31, 2018
RE: A Resolution of the City Commission of the City of Opa-locka,
Florida, recommending approval of the Development Agreement for
an Auto Service Station at the corner of NW 135th Street and the
LeJeune Douglas Connector, Opa-locka, FL 33054 and identified by
folio 08-2129-019-0010 and 08-2129-019-0020 in the 1-3 Zoning
District; Providing for an effective date.
Request:
Nob Hill Enterprises, Inc., through their spokesman, Mikel Isaac presented two requests
to Planning & Community Development Department Staff to be forwarded to the
Planning & Zoning Board for their review and approval recommendation to operate an
auto service station at the south west corner of NW 135th Street and the LeJeune
Douglas Connector, Opa-locka, FL 33054. This site is comprised of two parcels which
are identified by folios 08-2129-019-0010 and 08-2129-019-0020 in the 1-3 Zoning
District. The second request before the Planning & Zoning Board is for review and
approval recommendation of the Development Agreement for this auto service station
on the site identified by the aforementioned folios in the 1-3 zoning district in compliance
with the City Zoning code, Ordinance 15-31.
Background:
The request proposed, is to approve the construction of a convenience store and fueling
facility for regular vehicles and large diesel vehicle. The convenience store will be a
4200 square foot convenience store with proper setbacks and landscaping in
compliance with City Code requirements and providing a customer and pedestrian
friendly environment. This use is compatible with the surrounding uses and is
complemental to the surrounding uses as it provides services for the industrial and
transit population that may be passing through the City of Opa-locka. The zoning of the
surrounding properties are 1-3 to the South, West and the South East; There are 1-2
zoning district properties to the East and North East; There are B-2 zoning district
properties to the North and B-3 zoning district properties to the North West. This use is
compatible with the uses of the zoning districts listed. This use is permitted within the
Resolution Nob Hill Enterprises, Inc DA 2-27-19
mixed use overlay district, the use is in harmony with the general character structure of
the surrounding neighborhood business operations considering the other industrial
warehouse buildings, commercial uses and industrial uses.
The proposed use is in harmony with the surrounding industrial and commercial 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, retail facility,
vehicle fueling station, etc. This site is reserved for commercial and industrial uses
based on the standards of the mixed use overlay. This is compatible with the
established uses. The site plan provides that for this 98,207 square foot site and the
applicant is providing 52 trees of three different species and 565 shrubs and 210 flowering
plants. The plan provides for ground cover of specific areas by St Augustine grass. This
request is in conformance with City Land Development Regulation 15-31
Financial Impact: There is no financial impact to the City to approve this Development
Agreement..
Implementation Time Line: Immediately
Legislative History:
N/A
Staff Recommendation:
Staff recommends approval of this Development Agreement
Planning & Zoning Board Recommendation:
P&Z Board Recommended Approval 3-0 Vote
Attachment(s)
P&Z Application Package
P&Z Staff Report
P&Z Board Minutes September 25, 2018
DRAFT Resolution
Development Agreement
Prepared By: Planning & Community Development Dept.
Gregory Gay, Director
Gerald Lee, Zoning Official
Resolution Nob Hill Enterprises, Inc M Isaac DA 2-27-19
2
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; 2;
PLANNING & ZONING MEETING
TUESDAY, September 25, 2018
ROLL CALL:
The Planning Council of the City of Opa-locka, Miami-Dade County. met in a special session on
Tuesday. September 25, 2018 at 7: 05 p.m. at Sherbondy Village. 215 Perviz Avenue. The
following members of the Planning & Zoning Meeting were present: Board Member Elio
Guerrero, Board Member Lloyd Tyler. & Chairman Calvin Russell.
Absent Board Members: Board Member Germane Barnes, Board Member Dawn Mangham. &
Board Member Rose Tydus
Also in Attendance were Planning& Community Development Director, Gregory Gay,
Zoning Official, Gerald Lee. Administrative Assistant, Kinshannta Hall. and Attorney Vincent
Brown.
11 iNVOCATION AND PLEDGE: Board Member Lloyd Tyler led the Prayer and the Pledge of
Allegiance was stated after the Prayer.
IIl APPROVAL OF MINUTES: Discussion of Minutes from July 31, 2018 Meeting
Chairman Calvin Russell asked if a motion could be made to have the minutes approved from
July 31. 2018 meeting. Board Member Elio Guerrero made a motion to approve the minutes.
Board Member Lloyd Tyler second the motion.
There being no discussion, the motion passed by a 3-0.
Lloyd Tyler - Yes
Rose Tydus - Yes
Calvin Russell - Yes
ii
IV. PUBLIC HEARING:
1. MIAMI BOBCAT SERVICES, INC/JAIRO DELGADO
12900 NW 31 AVENUE, OPA-LOCKA. FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF MINIMUM
LOT COVERAGE VARIANCE FOR THE PROPERTY AT 12900 NW 31ST AVENUE,
OPA-LOCKA, FL 33054 AND IDENTIFIED BY FOLIO 08-2128-004-0471 IN THE 1-2
ZONING DISTRICT; PROVIDING FOR AN EFFECTIVE DATE
The applicant. Miami Bobcat Services, Inc came before the Planning & Zoning Board and made
a presentation concerning their site plan.
Once Miami Bobcat Services. Inc finished their presentation. the Chairman 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.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member
Elio Guerrero made a motion to approve the request recommending approval of minimum lot
coverage variance for the property at 12900 NW 31' Avenue. Board Member Lloyd Tyler
second the motion.
There being no discussion. the motion passed by a 3-0.
Elio Guerrero - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
2.
MIAMI BOBCAT SERVICES, 'INC/JAIRO DELGADO
12900 NW 31 AVENUE. OPA-LOCKA. FL 33054
REQUEST, A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL FOR FINAL
SITE PLAIN REVIEW TO OPERATE A CONSTRUCTION COMPANY AT 12900
NW 31' AVENUE, OPA-LOCKA, FL 33G54 AND IDENTIFIED BY FOLIO 98-2128-
00.4-0471 IN THE 1-2 ZONING DISTRICT, PROVIDING FOR AN EFFECTIVE
DATE
The applicant_ Miami Bobcat Services_ Inc came before the Planning & Zoning Board and made
a presentation concerning their site plan. Once Miami Bobcat Services. Inc finished their
presentation. the Chairman asked all board members do they have an questions. There were.
21
some discussions amongst the board members and they all presented a few questions to the
applicant.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member
Elio Guerrero made a motion to approve the request recommending approval for final site plan
review to operate a construction company at 12900 NW 31' Avenue. Board Member Lloyd
Tyler second the motion.
There being no discussion, the motion passed by a 3-0.
Elio Guerrero - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
NOB HILL ENTERPRISES, 1NC/IYIIKEL ISAAC
3.
(PROPOSED) 3760 NW 135x" STREET, OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE SITE
PLAN REVIEW AS A SPECIAL EXCEPTION TO OPERATE AN AUTO SERVICE
STATION AT THE SOUTH WEST CORNER OF NW 135TH STREET AND THE
LEJEUNE DOUGLAS CONNECTOR, OPA-LOCKA, FL 33054 AND IDENTIFIED
BY FOLIOS 08-2129-019-0010 AND 08-2129-019-0020 IN THE 1-3 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE
The applicant, Nob Hill Enterprises, Inc came before the Planning & Zoning Board and made a
presentation concerning their site plan.
Once Nob Hill Enterprises, Inc finished their presentation, the Chairman 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.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member
Elio Guerrero made a motion to approve the request recommending approval for site plan review
to operate an auto service station at the south west corner of NW 135th Street & Lejeune Douglas
Connector. Board Member Lloyd Tyler second the motion.
There being no discussion. the motion passed by a 3-0.
Elio Guerrero - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
3 !
NOB HILL ENTERPRISES, INC/1MIKEL ISAAC
4.
(PROPOSED) 3760 NW 135TH STREET. OPA-LOCKA. FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMIMENDING APPROVAL OF THE SITE
PLAN REVIEW AS A SPECIAL EXCEPTION TO OPERATE AN AUTO SERVICE
STATION AT THE SOUTH WEST CORNER OF NW 135TH STREET AND THE
LEJEUNE DOUGLAS CONNECTOR, OPA-LOCKA, FL 33054 AND IDENTIFIED
BY FOLIOS 08-2129-019-0010 AND 08-2129-019-0020 IN THE 1-3 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE
The applicant, Nob Hill Enterprises. Inc came before the Planning & Zoning Board and made a
presentation concerning their site plan.
Once Nob Hill Enterprises, Inc finished their presentation. the Chairman 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.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member
Elio Guerrero made a motion recommending approval of the development agreement for an auto
service station at the south west corner of NW 135(11 Street & Lejeune Douglas Connector.
Board Member Lloyd Tyler second the motion.
There being no discussion. the motion passed by a 3-0.
Elio Guerrero - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
41 -
1-11GH SEAS TRADING COMPANY/EUSEBIO M. MORA
5.
14985 NW 27[H AVENUE, OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE
FINAL SITE PLAN TO CONSTRUCT A WAREHOUSE STORAGE BUILDING ON
THE VACANT LOT IDENTIFIED BY FOLIO 08-2122-025-0620 AND FOR SITE
IMPROVEMENTS TO THE PROPERTY AT 14985 NW 27 AVENUE, IDENTIFIED
BY FOLIO 08-2122-025-0550, IN THE 1-1 ZONING DISTRICT; PROVIDING FOR
AN EFFECTIVE DATE
The applicant, High Seas Trading Company/Eusebio M. Mora came before the Planning &.
Zoning Board and made a presentation concerning their site plan.
Once High Seas Trading Company/Eusebio M. Mora finished their presentation, the Chairman
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.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member
Elio Guerrero made a motion to approve the final site plan to construct a warehouse storage
building on the vacant lot identified by folio 08-2122-025-0620 and for site improvements to the
property at 14985 NW 27 avenue, identified by folio 08-2122-025-0550 in the 1-1 zoning district.
Board Member Lloyd Tyler second the motion.
There being no discussion, the motion passed by a 3-0.
Elio Guerrero - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
HIGH SEAS TRADING CONIPANY/EUSEBID M. MORA
6.
14985 NW 27r" AVENUE, OPA-LOCKA, FL 33054
REQUEST: A RESOLUTION OF THE PLANNING & ZONING BOARD OF THE
CITY OF OPA-LOCKA, FLORIDA RECOMMENDING APPROVAL OF THE
DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A WAREHOUSE
STORAGE BUILDING ON THE VACANT LOT IDENTIFIED BY FOLIO 08-2122-
025-0620 AND FOR SITE IMPROVEMENTS TO THE PROPERTY AT 14985 NW 27
AVENUE, IDENTIFIED BY FOLIO 08-2122-025-0550, IN THE 1-1 ZONING
DISTRICT; PROVIDING FOR AN EFFECTIVE DATE
The applicant. High Seas Trading Company/Eusebio M. Mora came before the Planning &
Zoning Board and made a presentation concerning their site plan.
Once High Seas Trading Company/Eusebio M. Mora finished their presentation. the Chairman
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.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board Member
Elio Guerrero made a motion to approve the development agreement to construct a warehouse
storage building on the vacant lot identified by folio 08-2122-025-0620 and for site
improvements to the property at 14985 NW 27 avenue, identified by folio 08-2122-025-0550 in
the I-1 zoning district. Board Member Lloyd Tyler second the motion.
There being no discussion. the motion passed by a 3-0
Elio Guerrero - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
61
CITY OF OPA-LOCKA
7.
CITY OF OPA-LOCKA
REQUEST? AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA CREATINIG ARTICLE XVI ADULT ENTERTAINMENT
REGULATIONS, AND AMENDING THE LAND DEVELOPMENT REGULATIONS,
SECTION 22-136 REGULATION OF ADULT ENTERTAINMENT
ESTABLISHMENTS AND TO UPDATE THE ADULT ENTERTAINMENT
BUSINESS REGULATIONS, ADOPTING, PROMULGATING, AND
ESTABLISHING RULES AND REGULATIONS AND THE REGULATIONS TO
DEFINE ADULT ENTERTAINMENT ESTABLISHMENTS, PROVIDE FOR
DISTANCE REQUIREMENTS, HOURS OF OPERATION, PROVIDING FOR
LICENSING REQUIREMENTS, FEE SCHEDULES AND PENALITY (S);
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE. PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND EFFECTIVE DATE.
This item was deferred until further notice.
71
STAFF UPDATE
Vi ADJOURNMENT
Chairman Calvin Russell adjourned the meeting at 7:55pm.
Submitted by
Kinshannta Hall
Planning & Zoning Clerk
A[TEST:
Calvin Russell
Chairman
81
Received:
Page 1 of 5 By:
THE Date:
1 HE i-1°E4.1. Ctt, "
) ft/ t
4 l t
1-, NN1NG & ZONING BOARD M EETING SCIIEDUL': AND Ri7,Q'JlREM NTS
FY 20]8-2019
TOTAL FEES: $ - New Fees as of October 1,2015
FY 2018-2019 Meeting Dates Date Application Found Sufficient
1st Tuesday of Each Month)
October 2,2018 August 19,2018
November 6.2018 September 23.2018
December 4.2018 October 21.2018
January 8.2019 November 25.2018
February 5.2019 December 23,2018
March 5,2019 January 20,2019
April 2,2019 February 17,2019
May 7.2019 March 24.2019
June 4.2019 April 21.2019
July 9.2019 May 26.2019
August 6,2019 June 23,2019
September 10.2019 July 28,2019
1 All indi■iduals seeking to appear before the Planning&Zoning Board must submit a complete Planning
& Zoning Board application. with the required documents and fees totaling Las established b'
ordinance),paid by cheek 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 regular meetings arc held on the first Tuesday of each month at the City of Opa-locka Ciiy
Commission Chambers, Meeting Time 7:00 P.M. (tune and location are .tdueet to change, Incas, clink with the
Planning and C nrauwtur Develnpmenr Department for exert rise and!minim of the nn-ettnvs)
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 P&Z
meeting upon finding of sufficiency.
5. You are required to complete and return this application along with all the information and
documentation(see page 2 check list)requested to the:
City of Opa-locka
Planning&Community Development Department
780 Fishermen Street 4th floor
Opa-locks.FL 33054
Telephone: 305-953-2868,Ext. 1503
Facsimile: 305-953-3060
Reference to Ordinance I i-13
Land Development Regulations/Luning Code Ordinance 15-31
•
Received:
Page 2 of 3 By
Date:
Loc.,
4 • C
g;
—11:1:WAteth
PLANNING & ZONING BOARD APPL:CATION
APPLICATION NUMBER. CHECK NUMBER. DATE RECEIVED:
PROPERTY OWNER'S NAME: kek. 114-7-t's
PROPERTY OWNER'S ADDRESS: LL b1
Nunlber/Street City State/Zip'Code
: -
APPLICANTS NAME: ;
APPLICANT'S ADDRESS: 2.1ot No,...k 4 "Aria 1,z1-4 5
Number/Street City State/Zip aide
R
PHONE NUMBER: OFFICE g "HOME OTHER
SUBJECT PROPERTY ADDRESS: "6.•
Number/Street
TAX FOLIO NUMBER 0e7., - PRESENT ZONING:
LEGAL DESCRIPTJO1' I -
Please check specific request:
Tentative Plat
Final Plat
_Comprehensive Plan Amendment: small seaie; Large Scale(please Teri%np,,q`anienchnew helm,,
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
Acid any additional information that may be of importance to this request:
Reference to Ordinance IS Ii
Land Development Regulations/Zoning Cede:Ordinance 15 11
Received:
Page 2 of 5 By-
Date:
Qpa{.QCKq
4 _ ()/: 1/
,
p6 o wit R�,
PLANNING & ZONING BOARD A.PPLICALON
APPLICATION NUMBER. CHECK NUMBER: 64 DATE RECEIVED:!S Jii
,l
PROPERTY OWNER'S NAME: • t-tl r r-ic _
PROPERTY OWNER'S ADDRESS- '70‘ r' 1.41. CJ t L� �' { 1`/ l_j
N)unlber/Street City StatelZip'Code
APPLICANT'S NAME: r� i lri - .Z 'C
APPLICANT'S ADDRESS: ‘1.10( 1'44
Number/Street City State/Zip Civic
PHONE NUMBER. OFFICE # ics lt► 3HOME OTHER
SUBJECT PROPERTY ADDRESS: : , 21,44
Number/Street
TAX FOLIO NUMBER: X2 • 1- .(-'1 OCA,q PRESENT ZONING:
L 1
-
LEGAL DESCRIPTION: ftiA,' t t7 t t - l a
c
Please check specific request.
_
Centauri:Plat
Final Plat
_Comprchen,ive Plan Amendment. —Small Scale; Large Scale pleweape:,f 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:
Ref rcnec to Ordinance: 15-I 1
Land Development Regulations/Zoning Code:Ordinance I5-Z I
•
Received:
Page3of5 By:
Date:
PLANNING & ZONING BOARD APPLICATION
(Checklist)
Applications will not be accepted without the following data. For a public hearing,all items below are necessary
and must he 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 l.D.
Affidavit(see below),and power of attorney of the property owner(page 3)(3oth 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(l 5)certified boundary and topographic surveys of the property(size 36 x 24 inches).rile submitted property
survey must not exceed a maximum of two(2)years from date created in order to be considered acceptable by the Ca)of Opa-tocka)
_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 he 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 descnption on each parcel
aOrtgtnal and 2 copies size of document to accommodate scale)
Narrative concept must be submitted with application
-- ; A ,.� --,sr"-.,q. kx ,a, 7,k,,!) a,F IDA VI`I'
1, ,being first duly sworn,depose and say that I am the OWNER of the property .and t
undercta 1 that this application must he complete and accurate before a public hearing can be advertised.
Signature
Date
Sworn to and subscribed before me:
This-2 2 3 day of 2 QLg , _
_ A
6'14 . -�#�' i.e A �.� My commission expires Q3 0 2.0 2 Q
Notary P/is I
Attach ct py of identification
jpra Notary rubric staleot Florida
Estefanie Ramirez
Mu i My Commission GG 199994
1>07,41, moires 03/25(2022
Reference to Ordinance.I S-13
Land Development Regulations/Zoning Codr Ordinance I S-'t l
-opo Ra* Received:
Page 4 of 5 g; `4 By:
/
! -s, Date:
n g
PLANNING & ZONTNG BOARD APPLLIGA !ON
POWER OF ATTORNEY
This form is to he attached to all applications, and to be returned with the application. No application will be honored or
persons heard by the Planning&Zoning Board unless a notarized copy of this Power of Attorney is submitted
To: City of Opa-Incka
From:
Subject: Power of Attorney (authorization for a person. other than the property owner, to speak in the property
owner's behalf)
_,2.,,"-,■-) ►.. .`..Ar'S.Er. ,cs :.,ta•.p --atio,.uL'_ ,:.
I '►R.r _-c#, E e.-r fA._i,.e. _ _=,:,,,,e_. ,being first duly sworn,depose and say that I am the owner
of the property legally described as:
I
I do give tom_; '. . _ �" /--tirAT.: the power of Attorney and authority to speak in my
behalf in refer c Oithe,,,above described property. Further. by affixing my notarized signature to this document. I also
authorize e?C'L . _ . _ to negotiate and commit to the City Commission and City
Admit rs ation in mybehalf. I will abide by all final determinations of the City Commission and City Administration.
---- ',_
Signature
Date
Sworn to and subscribed before me:
This 2.31-6 day of A 20
--
zit* et 1P•• A t My commission expires:
O 25 2d 22.
otary P c
.3 jet Notary Public State • •
Estsfania Ramirez
'a n' ms�03/23r2s222 199994
Reference to Ordinance I S 11 '"+
Land Development Regulations/Zoning Cede Ordinance 15-31
Received:
Page S of S By:
Date:
l to.tc!] copy of it.72nr11leutio i to
o ,oh
PLANNING & ZONING BOARD
NEIGHBORHOOD PETITION
RE: PROPERTY ADDRESS: �J A,
LEGAL DESCRIPTION: ,rp, TI ' / I y ` `4,
PROPERTY OWNER'S NAME: J ✓ t - C-►9l St-S PHONE:
ADDRESS (If different):
Signature
Reference to Ordinance 15 1
Land Development Regulations/&rung Code Ordinance 15-1I
G = - 900 SW 80th Cou
miami, florida 3314
c 5 x PE: 46747 / CA: 266
—_. mobile: 305 992-69:
Sept. 13, 2018 email. egnbp`,sol.coi
LETTER OF INTENT
Gregory Gay
Community Development Director
CLy of OpaLocka
RE: PROPOSED USE for:
98,207 sf/2.25 acres B-2 Zoned Land
3860 NW 135th Street
Folb: 08-2129-019-0010+ 0020
OpaLocka, Florida 33054
Let this letter serve as our intent to construct on the referenced property under the following terms and
conditions:
ZONED: B-2
LEGAL: PARCEL 1,LOT 1 &2, BLOCK 1,of OPALOCKA PLAZA, according to the plat thereof as
recorded in PLAT BOOK 158, at PAGE 91,of the Public Records of Miami-Dade County,
Florida.
LOT AREA: 98,207 sf/ 2.25 acres
OWNER: NOB HILL ENTERPRISES INC.
9701 NW 89th Avenue
Medley, Florida 33178
ATT: Ignado Urbieta
Email: r,rc,eta,-=Jrrjie�1.a<_
Phone: 305-884-0008
STATEMENT: The referenced property currently an existing Vacant Lot of 98,207 sf/ 2.25 acres.
We are proposing a 4,200 sf C-store, 40'x 120'canopy(8-fuel dispensers), 20'x 88'
canopy(8-fuel dispensers)and a 10,000 LP tank.
CONDITIONAL USE REVIEW STANDARDS:
(1) The proposed use will be compatible with the existing natural environment and other
properties within the neighborhood:
The proposed 4,200 sf C-store,40'x 120'canopy(8-fuel dispensers), 20'x 88'canopy
(8-fuel dispensers)and a 10,000 LP tank will have an exterior elevation blending In with
the surrounding neighborhood.
(2) The proposed use will create no substantial detrimental effects on neighborhood
property values:
The proposed C-store/ Gas Station will be consistent with the surround industrial/retail
neighborhood and will enhance property values with its development.
Property Search Application-Miami-Dade County https://www.miamidade.gov/propertysl
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' PEDRO J.GARCIA 1 .7 --
• i- MIAMI-DADE PROPERTYVAPPRAISER a ] _ _.
-_- I ,1 v � , �' - E. f.r 'I ;1i,c — =
IMPORTANT
MESSAGE
When buying real estate property,you should not assume that property taxes will remain the same.Whenever there is a
change in ownership,the assessed value of the property may reset to full market value,which could result in higher property
taxes.Please use our Tax Estimator to approximate your new property taxes.
The Property Appraiser does not send tax bills and does not set or collect taxes. Please visit the Tax Collector's website
directly for additional information.
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Address Owner Name Subdivision Name Folio
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Property Search Application-Miami-Dade County https://www.miamidade.gov/propeittys
s°1 PEDRO J.GARCIA i' '. . :, u •
_ 1 •
` )^MIAMI-DADE PROPERTY APPRAISER :1 5
IMPORTANT
MESSAGE
When buying real estate property,you should not assume that property taxes will remain the same.Whenever there is a
change in ownership,the assessed value of the property may reset to full market value,which could result in higher property
taxes.Please use our Tax Estimator to approximate your new property taxes.
The Property Appraiser does not send tax bills and does not set or collect taxes.Please visit the Tax Collector's website
directly for additional information.
Nee 0
Address Owner Name Subdivision Name Folio
SEARCH: Nob Hill Enterprises Q Back to Search Results
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Property Address
Owner - -
NOB HILL ENTERPRISES INC
Mailing Address
9701 NW 89 AVE
MEDLEY,FL 33178-1435
PA Primary Zone
7400 INDUSTRIAL-INDUSTRIAL P
Primary Land Use
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Payment Request
Credit Card Check X
Company: Urbie -Oil ompany V '-1 vsv'
Payee: The City Of Opa-locka
Amount: $ 3500.00
Station/Project Name: Douglas 7 Eleven
Account/Code:
Requestor: Freddy Laverde.
*Authorized By:
Date: 08/17/2018
Memo/Reason: Construction Documents
*Authorization required for dollar amounts over$250.00
£, 9701 N W 89th mvenue - !`medley.Honda 33178
} 4W tel 305 884 0008 a`a: 305.883.1927
COMMUNITY DEVELOPMENT 8 PLANNING DEPARTMENT
CUSTOMER'S RECEIPT a.u�t.L.41" 1 1, 20 It m
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Make all checks payable 10 V.------City of Opa-focka.Florida Cashier
WHITE —Customer Copy YELLOW—Office Copy PINK—Department Copy
NOB HILL ENTERPRISES Inc 643-4
The City of Opa-locka 8/17/2018
Construction Documents-Douglas 7 Eleven 3,500.00
Cash OB Checking-47 Construction Documents- Douglas 7 Eleven 3,500.00
NOB HILL ENTERPRISES WC
6431
The City of Opa-locka 8/17/2018
Construction Documents- Douglas 7 Eleven 3,500.00
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Record and Return to:
(enclose self-addressed stamped envelope)
Ignacio M.Urbieta
Urbieta Group
9701 NW 896 Ave
Medley.Florida 33 178
This instrument Prepared by:
Vincent T.Brown, Esq.
City Attorney
City of Opa-Locka
780 Fisherman Street,4's Floor
Opa-Locka, Florida 33054
SPACE ABOVE THIS LINE FOR RECORDING DATA
DEVELOPMENT AGREEMENT BETWEEN THE GREAT CITY OF OPA-LOCKA, FLORIDA; Ai`,1
NOB HILL ENTERPRISES,INC.
THIS DEVELOPMENT AGREEMENT("Agreement")is made and entered into this _ day of
_ 2018 ("Execution Date") by and between NOB HILL ENTERPRISES INC. (the"Owner"),a Florida
corporation, with the address of 9701 NW 89th Ave,Medley, Florida 33178 and the City of Opa-
Locka, Florida, a municipal corporation and a political subdivision of the State of Florida ("City"),
with a mailing address of 780 Fisherman Street,46 Floor,Opa-Locka, Florida 33054.
WITNESS ETft:
WHEREAS, the Owner is the Fee simple owner of approximately 2.25 acres of land located on NW
135"' Street, within the municipal boundaries of the City and identified by Miami-Dade County Tax Folio Nos.
08-2129-019-0010 and 30-2129-019-0020(the "Property"),the legal description of which is attached hereto and
made a part hereof as Exhibit "A"; and
WHEREAS, the City's Commission adopted Resolution Number approving a
Master Site Plan for the Proposed Development type which includes approximately 4,200 square feet of
convenience store, 40' x 120' fuel canopy (8-dispensers), 20' x 88' diesel canopy (5-
dispensers) and 10,000 LP dispensing tank,as well as approximately 25-surface parking spaces.
and
WHEREAS, according to Sections 163.3220 through 163.3243, F.S., known as the Florida Local
Government Development Agreement '-ct, therlorida Legislature has determined that the lack of certainty in the
development process can result in a waste of economic and land development resources. discourage sound
capital improvement planning and financing, escalate the cost of housing and development. and discourage
commitment to comprehensive planning; and
W}(EREAS, the Florida Legislature has declared that assurances to an Owner that it may
proceed in accordance with existing law, and policies. subject to the conditions of a development
agreement, strengthens the public planning process, encourages sound capital improvement planning and
financing, assists in assuring there are adequate capital facilities for the development. encourages private
participation in comprehensive planning,and reduces the economic costs of development: and
Folio Nos.08-2129-019-0010 and 30-2129-019-0020
WHEREAS, the Owner and the City desire to establish certain terms and conditions relating to
the proposed development of the Property and wish to establish identifiable parameters for future
development; and
WHEREAS, the City Commission pursuant to Resolution No. adopted on
, authorizes the City Manager to execute this Agreement upon the terms and
conditions set forth below,and the Manager of Owner have authorized the Owner to execute this
Agreement upon the terms and conditions set forth below:and
NOW, THEREFORE, in consideration of the conditions. covenants and mutual promises herein
set forth, the Owner and City agrees to as follows:
I. Recitals. The foregoing recitals are true and correct and are hereby incorporated herein
by reference. All exhibits to this Agreement are hereby deemed a part hereof.
2. Consideration. The Parties hereby agree that the consideration and obligations recited
and provided for under this Agreement constitute substantial benefits to both parties and
thus adequate consideration for this Agreement.
3. Definitions.
(a) "Additional Term" means anyone or more additional term(s) approved by mutual
consent of the parties pursuant to a public hearing pursuant to Section 163.3225.
F.S.
(h) "Agreement" means this Chapter 163, F.S., Development Agreement between the
City and Owner
(c) "City" means the City of Opa-Locka_ a municipal corporation and a political
subdivision of the State of Florida. and all departments, agencies and
instrumentalities subject to the jurisdiction thereof.
(d) "Comprehensive Plan" means the plan adopted by the City pursuant to Chapter
163, F.S.
(e) "Owner" means the persons or entities undertaking the development of the
Property,defined in the preamble to this Agreement, NOB HILL ENTERPRISES
INC., a Florida corporation. with the address of 9701 NW 89th Ave,Medley.
Florida 33178 andior any of its respective :ucc2,sors, assigns. or heirs thereof.
f) "Development" means the carrying out of any building activity the making of any
material change in the use or appearance of any structure or land, or the dividing
of land into three or more parcels and such other activities described in Section
163,3221(4),F.S
(g) "Development Permit" includes any building permit, zoning or subdivision
approval certification, special exception, variance, or any other official action of
local government having the effect of permitting the development of land.
(h) "Effective Date" is the date this Agreement is recorded with the clerk of the
Circuit Court in and for Miami-Dade County,
(i) "Entire Term" is the total term of this Agreement, combining the Initial Term
(thirty (30) years) and the Additional Term, as defined herein.
(j) "Execution Date" is the date that all parties have affixed their signatures to this
Agreement.
(k) "Existing Zoning" means (a) all entitlements associated with the City's approval
of the Site Plan. and (b) the provisions of the Charter, Comprehensive Plan and
Laws of the City of Opa-Locka including the City of Opa-Locka's Unified Land
Development Regulation Code and the Ordinance. as amended through the Effective
Date.
(1) "UGAS Opa-Locka Douglas Station" is the Final Site Plan approved b; the City
Commission via Resolution No. for a convenience store. fueling
dispensers,fueling canopies,LP dispensing and surface ;larking.
(m) "Governing Body" means the ity of Opa-Locka's City �o�nmtssion.
(n) "Initial Term" is thirty(30) ye commencing can the Effective Date.
(o) "Land" means the earth,water,and air,above,below.or on the surface and includes
any improvemenk Gr structures customarily regarded as land except as provided
herein.
(p) "Land Development Regulations means ordinatic rule, and policies enacted or
customarily implemented by the :ity for the regulation of any aspect of
development and include; any local go rnm nt boning. rezoning subdivision.
building consti uction, or Sign regulation or any other regulations controlling the
development of or construction upon land in effect as of the Effective Date.
"Law." means all ordinances. . :-lutions, regulation comprehensive plans_ Land
Development Regulations and rul,:s adopted by the City of Opa-Locka affecting
the development of land in effect as of the Effective Date, including Opa-
Locka's Land Development Regulation Code,the Ordinance and the Resolution
Number
'Parties"means the City and the Owner.
(s) "Project" is the UGAS Opa-Locka Douglas Station as described in the plans
prepared by EGIN, Inc. Engineering and dated J u l y 3 0, 2 0 1 8 . which
proposes the development of a 4.200 square feet of convenience store, 40'
x 120' fuel canopy (8-dispensers), 20' x 88' diesel canopy (5-
dispensers) and 10,000 LP dispensing tank, 25 parking spaces, and
related employee and guest parking.
(t) "Property"means the approximately 2.25 acres of land located on i 1`iV 135'''
Street, within the municipal boundaries of the City and identified by
Miami-Dade County Tax Folio Nos. 08-2129-019-0010 and 30-2129-019-
0020. the legal description of which is attached hereto and made a part hereof a,
Exhibit"A".
(u) "Public Facilities" means major capital improvements, including, but not limited
to transportation, transit, sanitary sewer, solid waste, drainage, potable water,
educational facilities, parks and recreational, and health systems and facilities for
which the City's Comprehensive Plan sets forth required levels of service.
(v) "Resolution" means the resolution defined in the preamble to this Agreement,
City of Opa-Locka Resolution Number approving the
UGAS Opa-Locka Douglas Station.
4. Intent.It is the intent of the Owner and the City that this Agreement shall be construed
and implemented as a development agreement among the parties pursuant to the Florida
Local Government Development Agreement Act, Section 163.3220 through 163.3243,F.S.,
("Act"), in compliance with Article V, Section 22-112 of the City of Opa-Locka's Land
Development Regulation Code,the Ordinance,and the Resolution.
5 Effective Date.Immediately upon approval by the City and execution by all parties, the
City shall record, with recording fees paid by the Owner, the Agreement with the clerk of
the Circuit Court for Miami-Dade County. This Agreement shall become binding on the
Effective Date. Notwithstanding the Effective Date provided herein and required by Section
163.3239. P.S., the City and the Owner shall act in good faith to carry out the intent of
the Agreement upon the Execution Date.
Term of Agreement and Binding Effect. This Agreement shall run with the land.
remain in full force and effect, and be binding on all Parties (including the Owner) and all
persons claiming under it for an Initial Term of thirty (30) years from the Effective Date,
and may be extended for one or more Additional Term(s) thereafter by mutual consent of
the parties subject to two public hearings pursuant to Section 163.3225, F.S. Consent to
any extension of this Agreement requires approval of both parties to this Agreement. No
notice of termination shall be required by either party upon the expiration of this
Agreement and thereafter the parties hereto shall have no further obligations under this
Agreement. The obligations imposed pursuant to this Agreement upon the parties and
upon the Property shall run with and bind the Property as covenants running with the
Property. and this Agreement shall be binding upon and enforceable by and against the
parties hereto. their personal representatives, heirs,successors, grantees and/or assigns.
Termination. No notice of termination shall be required by either Party upon the
expiration of this agreement and thereafter the Parties hereto shall have no further
obligations under this agreement.
Expiration I Termination 1 Default. Upon the expiration of the agreement, the city shall
have ability and the rights under its police power to adopt Zoning Regulations not
inconsistent with the rights granted hereunder. In the event of termination or default, no
further rights under this agreement shall exist, whether brought under a claim of vested
right,equitable estoppel or otherwise.
9. Deveioon ent Conditions. In accordance with Section 163.3227(c). F.S., the Owner
agrees as follows:
(a) All impacted Public Facilities shall be adequate to serve the Property at an
acceptable level of service prior to the issuance of a Certificate of Occupancy for
the Project, and shall be served by water and sanitary sewer main extensions as
required by the City in accordance with Miami-Dade County permitting
requirements.
ihl All Public Facility improvements required by the City, by Miami-Dade County.
Florida. or voluntarily proposed by the Owner to be installed by Owner shall be
constructed in accordance with applicable governmental regulations prior to the
issuance of a Certificate of Occupancy of the Project.
(c) All signage shall comply with all city sign code ordinance requirements.
(d) Owner will abide by and not deviate from the terms of its graphic and verbal
representation submitted to the City Commission in order to receive approval of
the UGAS Opa-Locka Douglas Station. Such items include, but are not specifically
limited to:
Design of all physical ztructures water bodies, private and public
improvements and the color and dimensional characteristics of all building
materials.
All landscaping, loading and parking space, must be provided and
maintained as shown on the site plan.
(e) Owner guarantees to preserve and maintain all building and structures consistent
with the UGAS Op:-Locka Douglas, 'fatten plan for the entire period in which
the Owners own the land or control 51 " ownership of the Property. or control
5% of any entit, Io which his agreement has been assigned. sold or otherwise
transferred.
(f) Owner shall submit annual report. -nd additional documentation to the City as
required bf he Resolution to veri:'y contrnuin: .ompliance with the Resolution.
(g) The Owner will not physically alter or substitute the design of structures,
materials and colors included in the UGAS Opa-Locka Douglas Station plan except
as approved by the City in the City's sole discretion. In the e,ent that building
materials or colors are no longer available, the burden shall be on the Owner to
prove that said materials or colors are in fact unavailable.
h i The Owner, and any Assignees, Successors or any other Owner of the property
shall not apply to the Value Adjustment Board to obtain a lower assessment on
the subject property of this Development Agreement during the thirty (30) years
this Development Agreement is in effect.
(i)
Owner agrees that the City may enter onto the Property to confirm compliance
with the terms of this Agreement.
(j) The Owner shall strive to employ qualified residents from the City of Opa-Locka
to work at the Property (prior to and after construction). In order to accomplish
this task the Owner shall coordinate with the City of Opa-Locka and the Career
Source of South Florida Office located in the City in accordance with the
Memorandum of Understanding between the City of Opa-Locka and Career
Source. The Owner will guarantee the hiring of at least two (23) qualified
residents during the construction phase of the project. Following the construction
of the Project,the Owner will timely notify the Career Source Office of any available
positions.
k) The Owner shall also encourage all contractors and subcontractors to employ
Opa-Locka residents through the assistance of the Career Source South Florida
office in coordination with the City of Opa-Locka and in accordance with the
Memorandum of Understanding between the City of Opa-Locka and Career
Source.
(I) All trash and garbage containers shall comply with all city dumpster enclosure
requirements.
(mi The following timeline the Developer must comply with applies immediately upon
approval of this UGAS Opa-Locka Douglas Station Development Agreement and
remains subject to the City issuing all necessary approvals in a timely manner:
Must apply for building permits: within 6 months. The City Manager
may grant a single 6 month extension for good cause shown.
Must start construction: within 18 months following issuance of permits.
The City Manager may grant a single 12 month extension for good cause
shown.
iviust complete project: within 24 months following issuance of permits.
The City Manager may grant a single 12 month extension for good cause
shown.
10. Development Permits. In accordance with Section 163.3227(f), F.S., the City need to
approve the following additional development permits upon proper submission of all
requirements, and City review or inspections, in order for the Owner to develop the
Project:
(a) Site plan approvals;
(b) Modifications to existing approvals and permits, including the Proposed Project
Name/type Site Plan
(c) Water,sewer. paving and drainage permits;
(d) Building permits;
(c) Sign permits;
(f) Certificates of use and occupancy; and
(g) Any other official action of the City and/or Miami-Dade Countv. Florid,, or other
County.
applicable regulatory agencies having the effect of permitting the development of
land or providing permits required for the development of Property
(h) Any City liens,fees, code violations or unpaid assessment, ;hall be satisfied prior
to the execution of this agreement.
(i) All currently non-compliant physical structures or vehicles shall he removed prior
to the execution of this agreement.
11. Public Services and Facilities; Concurrency. In accordance with Section 1633227(d),
F.S.. the City and the Owner anticipate that the Property and the Project will be served by
those public services and facilities currently in existence as provided by the State of
Florida, Miami-Dade County. the City, and/or as contemplated in this Proposed Project
Name/type Site Plan. The Property and the Project will also be served by any and all
public facilities provided in the City's Comprehensive Plan,specifically including but not
limited to, those public facilities described in the Comprehensive Plan's Capital
Improvements Element. For the purposes of concurrency, the City hereby agrees to
provide, reserve. and allocate sufficient public facility capacity, including but not limited
to water, sanitary sewer. solid waste, drainage, fire and police to serve the development
of the Project on the Property for the period of this Agreement. The Owner ,hall he
bound by the City impact fees and assessments in existence as of the Effective Date of
this Agreement. Nothing in this paragraph shall relieve the Owner of the requirement to
pay impact fees and assessments.
12. Consistency with Comprehensive Plan. In accordance with Section 163.3227(g), F.S.,
the City hereby finds and declares that the Owner's development of the Project on the
Property complies with the Laws,ordinances, regulations and policies of the City of Opa-
Locka, and is consistent with the City's Laws,Comprehensive Plan and Land Development
Regulations.
13. Reservation of Development Rights. Except as otherwise provided in the Act for the
Entire Term of this Agreement,the City hereby agrees that it ,hall permit the development
of the Project in accordance with the Laws of the City of Opa-Locka. including the City's
Comprehensive Plan and Land Development Regulations, as of the Effective Date of this
Agreement, subject to the conditions of this Agreement. Except as otherwise provided in
the Act. the City's Laws and policies governing the development of the Property as ;)f the
Effective Date of this Agreement shall govern the development of the Property for the
Entire Term of tills Agreement unless terminated. Development of the Property as
outlined herein shall not be subject to any future changes to the Laws of the City,
including the City's Land Development Regulations and Comprehensive Plan designation
after the Effective Date and during the Entire Term of this Agreement, except to the extent
that the Owners consent to such changes and except as otherwise provided in the Act.
The City may apply subsequently adopted laws or policies to the Property only as
permitted or required by the Act or as provided above or upon this agreement being
terminated or having expired
14. Zoning and Other Ai o cvais. The Parties hereto recognize and agree that certain
provisions of this Agreement require the City and its boards, departments or agencies,
acting in their governmental capacity, to consider governmental actions. as set forth in
this Agreement. All such considerations and actions shall be undertaken in accordance
with established requirements of state statutes and municipal ordinances, in the exercise
of the City's jurisdiction under the police power. Nothing in this Agreement shall be
construed to prohibit the City from duly acting under its police power to approve,approve
with conditions,or reject any public hearing application dealing with the Property.
15. Necessity of Complying with Local Regulations Relative to Development Permits,
In accordance with Section 163.3227(i), F.S., this Agreement is not and shall not be
construed as a development permit or authorization to commence Development.
The Owner and the City agree that the failure of this Agreement to address a particular
permit,condition, fee, term or restriction in effect on the Effective Date of this
Agreement shall not relieve the Owner of the necessity of complying with
any and all regulations governing said permitting requirements, conditions, fees,
terms or restrictions as long as compliance with said regulation and requirements do not
require the Owner to develop the Property in a manner that is Inconsistent with the
Laws of the City of Opa-Locka in existence as of the Effective Date.
16. Good Faith; Farther Assurances. The parties to this Agreement have negotiated in
good faith. It is the intent and agreement of the parties that they shall cooperate with each
other in good faith to effectuate the purposes and intent of and to satisfy their obligations
under this Agreement in order to secure to themseltes the mutual benefits created under
this Agreement. In that regard.the parties shall execute such further documents as may be
reasonably necessary to effectuate the provisions of this Agreement. provided that the
foregoing shall in no way be deemed to inhibit, restrict, or require the exercise of the
City's police power or actions of the City when acting in a quasi-judicial capacity.
17. Nowkes. Any notice required or permitted to be given under this Agreement shall be in
writing and shall be deemed to have been given if delivered by hand, sent by a recognized
courier (such as Federal Express or mailed by certified or registered mail. return
receipt requested, in a postage prepaid envelope and addressed as follows:
If to the City at: City Manager
City of Opa-Locka
780 Fisherman Street,4'h Floor
Opa-Locka, Florida 33054
With a copy to: Vincent T. Brown,Esq.
City Attorney
City of Opa-Locka
780 Fisherman Street,4th Floor
Opa-Locka. Florida 33054
If to the Owner at: NOB HILL ENTERPRISES INC
9701 NW 89'h Ave
Medley,Florida 33178
Attn.:Ignacio M. Urbieta
With a copy to:
18. Governing Laws, Construction and Litigation. This Agreement shall be goserned and
construed in accordance with the laws of the State of Florida. The Owner and the City
agree that Miami-Dade County. Florida is the appropriate venue in connection with any
litigation between the parties with respect to this Agreement. All of the parties to this
Agreement have participated fully in the negotiation and preparation hereof; and
accordingly, this Agreement shall not be more strictly construed against any of the parties
hereto. In construing this Agreement, captions, and section and paragraph headings shall
be disregarded. All of the exhibits referenced in this Agreement are incorporated in, and
made a part of, this Agreement. In the event of any litigation between the parties under
this Agreement for a breach thereof, the prevailing party shall be entitled to reasonable
attorney's fees and court costs at all trial and appellate levels.
Pursuant to Section 163.3241. F.S., if state or federal laws are enacted after the execution
of this Agreement that are applicable to and preclude the parties' compliance with the
terms of this Agreement, such Agreement shall be modified or re,.eked as is necessary to
comply with the relevant state or federal laws
l' . Severability. In the event that any term or provision of this Agreement is determined by
an appropriate judicial authority to be illegal or otherwise invalid. such provision ,hall be
given its nearest legal meaning or construed as deleted as such authority determines, and
the remainder of this Agreement shall be construed to be in full force and effect.
2U Entire Agreement. This Agreement sets forth the entire Agreement and understanding
between the parties hereto relating in any way to the subject matter contained herein and
merges all prior discussions between the Owner and the City. Neither party shall be
bound by any agreement, condition, warranty or representation other than as expressly
stated in this Agreement and this Agreement may not be amended or modified except by
written instrument signed by both parties hereto and in accordance with Section
163.3225 F.S.
21 Indemnification. The Owner shall indemnify and hold harmless the City. its elected and
appointed officials,employees,agents and assigns from and against any claims or litigation
arising from this Agreement instituted by third parties.
2' Periodic Review of Agreement. Pursuant to Section 163.3235, F.S., the City shall
review the Property subject to this Agreement at least once every 12 months to determine if
there has been demonstrated good faith compliance with the terms of this Agreement. If
the City finds, on the basis of substantial competent evidence, that there has been a
failure to comply with the terms of this Agreement, this Agreement may be revoked or
modified by the City.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first
above written.
CiTY
CITY OF OPA-LOCKA FLORIDA
A I LEST: By:
City Clerk City Manager
Dated: day of , 2018
Approved for form and legal sufficiency:
City Attorney:
OWNERS/OWNERS
NOB HILL ENTERPRISES INC,a
Florida Corporation
WITNESS:
By: — -.
Signature Name:
Title:
Print Name
Signature
Print Name
S'TTATi . F +LO 1.7:IDA
CCU #tea 01 A+AT: i4'.}- E
The foregoing instrument acknowledges before me this day of 2013 by
as President of NOB HILL ENTERPRISES INC,a Florida limited liability
company, who is personally :mown to me or has produced as identification, and acknowledged that she/he
did execute this instrument freely and voluntarily for the purposes stated herein.
Notary Public,State of Florida at Large
Print Name
My Commission Expires:
EXHIBIT A-PROPERTY
PARCEL 1,LOT 1 &2,BLOCK 1,of OPA-LOCKA PLAZA,according to the plat thereof as
recorded in PLAT BOOK 158,at PAGE 91,of the Public Records of Miami-Dade County,Florida