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HomeMy Public PortalAbout20-03 Transit Oriental Corridor1st Reading/Public Hearing: 2nd Reading/Public Hearing: Adopted: Effective Date: Sponsored By: January 08, 2020 February 12, 2020 February 12, 2020 February 12, 2020 City Manager ORDINANCE NO. 2020-03 AN ORDINANCE OF THE CIT Y COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AMENDING SECTION 22-136(E) TO DELETE CERTAIN LANGUAGE REFERENCING TRANSIT ORIENTED CORRIDOR AS A SCRIVENER'S; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Opa-locka's 2015 Sustainable Land Development Regulation [LDR] Zoning Code Sec. 22-136 sets forth the Regulations of Adult Entertainment Establishments; and WHEREAS, reference to the Transit Oriented Corridor remained within the code as a scrivener's error; and WHEREAS, the City of Opa-Locka Planning & Community Development Department desires to correct the scrivener's error so that obsolete language no longer remains within the City's code; and WHEREAS, the City Commission has determined that the following amendment is in the best interest of the City of Opa-locka. NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. Amending Article V, Section 22-136 (E) of the City of Opa-Locka's City's Land Development Regulation entitled "Regulations of Adult Entertainment Establishments" as follows, with all remaining language set forth in said Section remaining the same: Sec. 22-136. Regulations of Adult Entertainment Establishments E. Location. Shall be as set forth in Section 22-81 if City of Opa-Locka's Land Development Regulations. Transit Corridor zonin.r dists ict 1. No person shall cause or permit the operation of any proposed regulated use within the following minimum distances from any existing uses specified below: Ordinance No. 2020-03 a. Places of worship, 1,000 feet; b. School, 1,000 feet; c. Public park, 1,000 feet; d. Residential -1,000 feet e. Another regulated use, 300 feet; and For purposes of this section, the term "school" shall be defined as any premises or site upon which there is a day care center, nursery school, pre -kindergarten, elementary school, middle school, high school, or library. 2. The subsequent establishment of the uses listed in (a)(1) through (4) within these distances of an existing regulated use shall not change the status of the regulated use to that of a nonconforming use. 3. The distance provided for in this section shall be calculated by airline measurement from property line to property line, using the closest property lines of the parcels of land involved. Where the distance is measured to a roadway, it shall be calculated from the property line of the regulated use to the edge of the right-of-way for the roadway. For purposes of this subsection, the term "parcel of land" means any quantity of land capable of being described with such definiteness that its location and boundaries may be established, which is designated by its owner or developer as land to be used or developed as a unit or which has been used or developed as a unit. 4. Variances to the location standards of this section shall not be allowed. Section 3. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. Section 4. Conflict & Repealer. 2 Ordinance No. 2020-03 All ordinances and parts of ordinances in conflict with this ordinance are hereby repealed. Section 5. Inclusion in Code. It is the intention of the City Commission of the City of Opa-Locka that the amendments contained of this Ordinance shall, at some time in the future, become and be made a part of the Zoning Code of the City of Opa-Locka and that the sections of this Ordinance may be renumbered or re -lettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. Section 6. Effective Date. This Ordinance shall. take effect immediately upon its adoption on second reading. PASSED AND ADOPTED this 12th day of February, 2020. ST: a Flores, City Clerk Matthew A. Pigatt, Mayor 3 Ordinance No. 2020-03 APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Burnadette Norris - City Attorney Moved by: VICE MAYOR DAVIS Seconded by: COMMISSIONER BASS VOTE: 4-1 Commissioner Bass NO Commissioner Burke YES Commissioner Kelley YES Vice -Mayor Davis YES Mayor Pigatt YES 4 SUNDAY FBRUARY 2 2020 MUIMIHERALD.fOM NEIGHBORS FROM PAGE 8NW CONCERT the Big Game promises to bring. Miami -Dade County's $4 million cash subsidy of the Super Bowl includes $1 million for team hotels in downtown Miami and Aventura. "I think what happens when you have a big event like this, the NFL can take it wherever they can take it," said Miami Beach Commis- sioner David Richardson, who supports the invest- ments the city made in the Super Bowl. We have to decide as a community how much we're willing to toler- ate." Even in its gifts to host cities, rarely does anything come without strings at- tached. At Miami Beach Senior High School on Wednesday, dignitaries unveiled one of three "legacy projects" the NFL helps bring to host cities during every Super Bowl But the NFL chipped in only about a quarter of the total cost to renovate the high school's football field. The city of Miami Beach paid $350,000 — or $100,000 more than the NFL did, according to an accounting of the $1.1 mil- lion project by Miami -Dade Public Schools. The Dol- phins Foundation paid $250,000. The school dis- trict paid the rest. Rodney Barreto, rhair- man of Miami's Host Com- mittee, said some would argue the city is spending too much money on luring the most popular and wealthiest sports league in the country. "I think the notion that the city is using taxpayers' money to help promote a game is wrong," he told the Miami Herald. "A lot of people would argue it the other way, but I would ar- gue that this is just great for th " tee, a nonprofit formed to compete for the Super Bowl and handle organizing ef- forts locally, planned to bring a free concert to Mia- mi Beach. But plans changed, and that free con- cert was canceled. The host committee is offering free live music at Bayfront Park in downtown Miami, where the league's NFL Live fes- tival is being held, said Karla Fortuny, a media representative with the Host Committee. "We have [events] throughout the whole re- gion," Barreto said. "Miami Beach has gotten its fair share of stuff; it's going to be tough to move around Miami Beach." Miami Beach Tourism and Culture Director Matt Kenny said the free concert that the Host Committee was planning would have been conditioned on a city waiver of $178,250 in spe- cial event permit fees, sep- arate from the $1.5 million in other waived fees and contributions from the city. The Host Committee was "hoping to do a concert, but that did not come to frui- tion," he said in an email Because the event did not happen, there were no fees to be waived. Miami So what's in it for Beach taxpayers? The NFL brought its NFL Experience, a six -day Super Bowl expo, to the city's convention center — and waived 15% off the ticket price for residents. Kids got in free, so did the NFL. The city agreed to waive up to $857,540 in rental fees for the NFL to shut down its convention center for much of the week and double as a media center for the roughly 6,000 cre- dentialed media members. The Host Committee asked the city to suspend permits for unaffiliated commercial advertisements and mobile or temporary food concessions within a mile of all Super Bowl - related events. e community. Barreto said the commit- City leaders, including Richardson, said the eco- nomic benefit of hosting a Super Bowl far outweighs any incentives the city gave the NFL. A market analysis and economic impact report presented to the city after the 2010 Super Bowl, the Last Super Bowl hosted in South Florida, estimated that the Big Game generat- ed $82,848,170 in combined media exposure for South Florida. Out-of-town visitors in Miami for the game spent an average of $947 per day on accommodations, meals, transportation and other expenses, the Host Commit- tee said. In Miami -Dade County, the direct economic impact of hosting the Super Bowl was $39.6 million, the report found. Indirect business taxes in the area alone were $14.1 million. "I think we have to look at this from an economic im- pact perspective," said Commissioner Ricky Arrio- la. "I think the investment directly pays for itself." He called the city's in- vestments a "no brainer" considering what the city is expecting to receive in re- turn. Without offering spe- cific figures, he said the tax revenues from hotels and added retail sales, along with the media exposure, will give the city a net -posi- tive return on investment. The expected surge in resort tax revenues can fund city services Like the free trolley that runs around the city, Commissioner Mark Samuelian said. "Those resort taxes allow us to do a better job serving the residents," he said. "I always look at the cost and the benefits, including the impact on our residents. Here, because of the enor- mous impact on resort tax- es, free publicity for the community, I think that our [investment] is extremely well spent" Martin Vassolo: 305-376-2071, martindvassolo 11NW CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at a Regular Commission Meeting on Wednesday, February 12, 2020 at 7:00 p.m. at the Sherbondy Village Auditorium, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida to consider the following items: RESSMUTIONS/PUBLIC HEARINGS: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, RECOMMENDING DEVELOPMENT AGREEMENT APPROVAL FOR THE CONSTRUCTION AND OPERATION OF A SELF STORAGE FACILITY ON THE PROPERTY LOCATED AT 12940 NW 27TH AVENUE AND THE ADJACENT PARCEL LOCATED AT THE CORNER OF NW 129TH STREET AND NW 27TH AVENUE AND IDENTIFIED BY FOLIOS 08-2128-004-0031 AND 08-2128-004-0022, IN THE B-2 AND B-3 ZONING DISTRICTS; PROVIDING FOR AN EFFECTIVE DATE. A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO EXECUTE AN AMENDED AND RESTATED COUNTY DEED RELATED TO THE FORMER COUNTY -OWNED PROPERTY LOCATED AT 1801 ALI-BABA AVENUE, OPA-LOCKA, FLORIDA TO PERMIT THE CITY OF OPA-LOCKA TO DEVELOP SUCH PROPERTY WITH INFILL HOUSING RATHER THAN A TOT LOT AND TO COMPLY WITH THE REQUIREMENTS OF THE AMENDED AND RESTATED COUNTY DEED; PROVIDING FOR AN EFFECTIVE DATE. SECOND READING ORDINANCES/PUBLIC HEARINGS. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA LOCKA, FLORIDA, AMENDING SECTION 22-136(E) TO DELETE CERTAIN LANGUAGE REFERENCING TRANSIT ORIENTED CORRIDOR AS A SCRIVENER'S ERROR; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN CODE; PROVIDING FOR AN EFFECTIVE DATE (first reading/public hearing held on January 8, 2020). Additional information on the above items may be obtained in the Office of the City Clerk, 780 Fisherman Street, 4'" Floor, Opa-locka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearings. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at (305) 953-2800 for assistance no later than seven (7) days prior to the proceeding. If hearing impaired, you may telephone the Florida Relay Service at (800) 955-8771 (TTY), (800) 955-8770 (Voice), (877) 955-8773 (Spanish) or (877)955-8707 (Creole). PURSUANT TO FS 286.0105: Anyone who desires to appeal any decision made by any board, agency, or commission with respect to any matter considered at such meeting or hearing will need a record of the proceedings, and for that reason, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal may be based Joanna Flores, CMC City Clerk City of Opa-locka