HomeMy Public PortalAbout2022-07 - Historic Downtown Opa-locka DistrictSponsored by: City Manager
ORDINANCE NO. 2022-07
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AMENDING
ORDINANCE 15-31 LAND DEVELOPMENT
REGULATIONS TO INCLUDE ARTICLE IV, SECTION 22-
101, CREATING THE HISTORIC DOWNTOWN OPA-
LOCKA DISTRICT PROVIDING FOR DEFINITIONS,
PROVIDING FOR PERMITTED AND PROHIBITED
USES; PROVIDING FOR DEVELOPMENT CRITERIA;
PROVIDING FOR SPECIAL PERMIT REQUIREMENTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 2011, the City of Opa-Locka adopted the Opa-Locka Community
Redevelopment Plan (OLCRP), a conceptual plan prepared by Carras Community
Investment, Inc. in conjunction with Urban Revitalization Solutions. The OLCRP sought
to capitalize on the area's assets while redressing enduring concerns about building
vacancy, crime, public safety, open space, and underutilization of land; and
WHEREAS, in 2015, the OLCRP was followed by more advanced planning effort
that culminated in the Sustainable Opa-Locka 2030 Comprehensive Development Master
Plan (SOCDMP), an implementation strategy prepared by the Corradino Group. In the
OLCRP it identified the Downtown Opa-Locka as a challenged economic area in need of
revitalization to promote a thriving wealth -creating and job -generating business center
with regional strength; and
WHEREAS, both the OLCRP and the SOCDMP advanced the idea of
implementing revitalization activities as well as a special district designation in order to
revitalize a depressed and underutilized segment of the City; and
WHEREAS, the Historic Downtown Opa-Locka District (HDOD) district
designation seeks to provide consistent zoning regulations that will redefine the historic
center of the city in order to create a unique urban district that will provide a physical
place where daily life activities such as shopping, trading, working, governing, faith, the
arts and entertainment and dwelling will interact and complement each other into a
cohesive whole pattern and network; and
WHEREAS, the zoning district will provide goals and objectives to provide
guidance for historic, present and future development with the view toward creating a
Ordinance No. 2022-07
town center neighborhood that will be a symbol of the community and a reflection of the
city's values and aspirations; and
WHEREAS, the intention of this section is to develop the Historic Downtown Opa-
Locka District ("district") as defined, recognizable area that is community -oriented,
surrounded by historic -natural settings and functional buildings where people can
reside, work and entertain; and
WHEREAS, the overall goal and objective of the district is to provide regulation
and development guidelines to contribute to the long-term sustainability and quality of
life for the community; and
WHEREAS, the Planning and Zoning Board of the City of Opa-Locka held a public
hearing on October 5, 2021, to consider an amendment to Ordinance 15-31 of the Land
Development Regulations for the adoption of the Historic Downtown Opa-Locka District
and provided a recommendation of approval. The district shall be included within the
City's Land Development Regulations as Article IV, Section 22-101.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Incorporation of Recitals.
The above recitals are true and correct and are incorporated into this Ordinance
by reference.
SECTION 2. Adoption of the Historic Downtown Opa-Locka District.
The City Commission of the City of Opa-Locka hereby approves an amendment
to Ordinance 15-31 of the Land Development Regulations for the adoption and
implementation of the Historic Downtown Opa-Locka District, for inclusion
within the City's Land Development Regulations as Article IV, Section 22-101. A
copy of the code amendment is attached hereto as Exhibit "A".
SECTION 3. Severability.
The provisions of this Ordinance are severable, and it is the legislative intention to
confer upon the whole or any part of the Ordinance the powers herein provided.
If any provision of this Ordinance shall be held unconstitutional by any court of
competent jurisdiction, the decision of such court shall not affect or impair any
remaining provisions of the Ordinance. It is hereby declared to be the legislative
intent that this Ordinance would have been adopted had such unconstitutional
provision not been included herein.
2
Ordinance No. 2022-07
SECTION 4. Scrivener's Errors.
Sections of this Ordinance may be renumbered or re -lettered and corrections of
typographical errors which do not affect the intent may be authorized by the City
Manager without need of public hearing following review by the City Attorney,
by filing a corrected or re -codified copy of same with the City Clerk.
SECTION 5. Effective Date.
This Ordinance shall, upon adoption, become effective as specified by the City of
Opa-Locka Code of Ordinances and the City of Opa-Locka Charter.
PASSED FIRST READING this 8th day of December 2021.
PASSED SECOND READING this 12th day/f January 2022.
ATTEST:
a Flores, City Clerk
Moved by: Vice Mayor Taylor
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice Mayor Taylor YES
Mayor Williams YES
Veronica J. Williams, Mayor
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Buindtte Norris -Weeks, P.A.
City Attorney
3
12NW 1
NEIGHBORS 1
I SUNDAY JANUARY 2 2022
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 the Regular Commission Meeting on Wednesday, January 12, 2022 at 7:00 p.m., at
Sherbondy Village Auditorium, 215 Perviz Avenue, Opa-locka, Florida, to consider the following items for final adoption:
SECOND READING ORDINANCES/PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING THE ANNUAL ADOPTED GENERAL, PROPRIETARY AND SPECIAL REVENUE FUNDS BUDGETS
FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2021 AND ENDING SEPTEMBER 30, 2022, ADJUSTING REVENUES AND EXPENDITURES AS REFLECTED IN EXHIBIT "A"; PROVIDING FOR
THE EXPENDITURE OF FUNDS ESTABLISHED BY THE BUDGET; AUTHORIZING THE CITY MANAGER TO TAKE CERTAIN ACTIONS; PROVIDING FOR APPROPRIATION OF ALL BUDGETS AND
EXPENDITURES; PROVIDING FOR FEES CONSISTENT WITH APPROPRIATIONS AND AMENDMENT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER;
PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING CHAPTER 2, ARTICLE XI, DIVISION 13 OF THE CITY'S CODE OF ORDINANCES ENTITLED
"HISTORIC ENVIRONMENTAL PRESERVATION BOARD" TO ESTABLISH MINIMUM STANDARDS FOR MUNICIPAL HISTORIC PRESERVATION PROGRAMS AS SET FORTH IN THE MIAMI-DADE COUNTY
HISTORIC PRESERVATION ORDINANCE SECTION 16A-3.1; PROVIDING FOR BOARD ORGANIZATION AND QUALIFICATIONS; BOARD DUTIES AND RESPONSIBILITIES; SCOPE OF REGULATIONS;
DEFINITIONS; ADMINISTRATION AND ENFORCEMENT RULES AND REGULATIONS; SITE/DISTRICT/ZONE DESIGNATION PROCESS AND PROCEDURES; DEMOLITION PROCESS AND PROCEDURES;
PROCEDURES FOR MAINTENANCE OF DESIGNATED PROPERTIES; CERTIFICATE TO DIG PROCEDURES; AN APPEALS PROCESS; PENALTIES AND INCENTIVES; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICT AND REPEALER; RESCINDING ALL RESOLUTIONS IN CONFLICT; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL
DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-04, FOR THE ALI-BABA NEIGHBORHOOD IMPROVEMENT
DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 45 ACRES, BOUNDED ON THE EAST BY N.W. 17" AVENUE, ON THE WEST BY N.W. 22X0 AVENUE, ON THE NORTH BY N.W.
151. STREET, AND ON THE SOUTH BY N.W. ALI BABA AVENUE; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading
/ public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL DISTRICT)
IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-11, FOR THE EAST -WEST SAFE NEIGHBORHOOD DISTRICT WITHIN AN
AREA CONTAINING APPROXIMATELY 100 ACRES, BOUNDED ON THE EAST BY N.W. 17TM AVENUE, ON THE WEST BY N.W. 22ND AVENUE, ON THE NORTH BY N.W. 141" STREET, AND ON THE SOUTH
BY N.W. 135. STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AUTHORIZING THE DISSOLUTION OF A SAFE NEIGHBORHOOD IMPROVEMENT DISTRICT (SPECIAL
DISTRICT) IN ACCORDANCE WITH CHAPTER 189.071 FLORIDA STATUTES, AND REPEALING ORDINANCE 88-03 AND ORDINANCE 88-05, FOR THE NILE GARDENS NEIGHBORHOOD IMPROVEMENT
DISTRICT WITHIN AN AREA CONTAINING APPROXIMATELY 320 ACRES, BOUNDED ON THE EAST BY N.W. 27TH AVENUE, ON THE WEST BY ALEXANDRIA DRIVE, ON THE NORTH BY N.W. 135TH
STREET, AND ON THE SOUTH BY N.W. 128TH STREET; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading /
public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE THE MOORISH REVIVAL
STYLE DESIGN HANDBOOK; PROVIDING FOR DEFINITIONS, PERMIT AND SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION
22-101, CREATING THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES; PROVIDING FOR DEVELOPMENT
CRITERIA; PROVIDING FOR SPECIAL PERMIT REQUIREMENTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE (first reading / public
hearing held on December 8, 2021).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS TO INCLUDE ARTICLE IV, SECTION
22-102, CREATING THE OPA-LOCKA INNOVATION DISTRICT, PROVIDING FOR DEFINITIONS, PROVIDING FOR PERMITTED AND PROHIBITED USES, PROVIDING FOR DEVELOPMENT REGULATIONS
AND INCENTIVES; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; AND PROVIDING AN EFFECTIVE DATE (first reading / public hearing held on December 8, 2021).
RESOLUTIONS/PUBLIC HEARINGS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE VARIANCE REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN INDUSTRIAL
WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING DISTRICT;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE FINAL SITE PLAN REVIEW REQUEST FOR THE CONSTRUCTION AND OPERATION OF AN
INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING
DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA APPROVING THE DEVELOPMENT AGREEMENT REVIEW FOR THE CONSTRUCTION AND OPERATION OF AN
INDUSTRIAL WAREHOUSE / DISTRIBUTION & OFFICE SPACE DEVELOPMENT BUILDING LOCATED AT 12805 LE JEUNE ROAD AND IDENTIFIED BY FOLIO 08-2129-000-0061 IN THE 1-3 ZONING
DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
All interested persons are encouraged to participate and will be heard with respect to the public hearings.
Additional information on the above item may be obtained by contacting the Office of the City Clerk by telephone 305-953-2800 or email jflores@ooalochafl.gov. To participate or provide comments virtually,
please register on the City of Opa-locka website at www.opalockafl.goy no later than 7:00 p.m. on Wednesday, January 12, 2022.
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 not later than five (5) 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-Iocka
City of Opa-Locka
Agenda Cover Memo
Department Director:
Gregory Gay
Department Director
Signature:
7
Finance Director:
FD Signature:
Department
City Manager:
John E. Pate
CM Signature:
Commission Meeting
Date:
12-8-21
Item Type:
(EnterX in box)
Resolution
Ord ce
Other
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
15t Reading
2nd
Reading
X
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
Funding Source:
Account# :
(Enter Fund
& Dept)
Ex:
PTP
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O. Required:
(Enter X in box)
Yes
No
RFP/RFQ/Bi#: N/A
x
Strategic Plan Related
(Enter X in box)
Yes
No
Strategic Plan Priority
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life &
Communcation
Area:
Strategic Plan
04/Strategy: (list the specific
objective/strategy this item will
address)
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MI
Dev •
0
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City Image •
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Sponsor Name
City
Manager
Department: Planning & Community
Development
City Manager
Short Title:
AN ORDINANCE OF THE PLANNING AND ZONING BOARD OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING ORDINANCE 15-31 LAND DEVELOPMENT REGULATIONS PURUSANT TO ARTICLE V —
CREATING THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT PROVIDING FOR DEFINITIONS,
PROVIDING FOR PERMITTED AND PROHIBITED USES; PROVIDING FOR DEVELOPMENT
CRITERIA; PROVIDING FOR SPECIAL PERMIT REQUIREMENTS; PROVIDING FOR CODIFICATION;
PROVIDING FOR SEVERABILITY AND PROVIDING AN EFFECTIVE DATE.
Staff Summary:
The Historic Downtown Opa-locka District (HDOD) district designation seeks to provide consistent zoning
regulations that will redefine the historic center of the city in order to create a unique urban district that will
provide a physical place where daily life activities such as shopping, trading, working, governing, faith, the
arts and entertainment and dwelling will interact and complement each other into a cohesive whole pattern
and network. , the intention of this section is to develop the Historic Downtown Opa-Iocka District ("district")
as defined, recognizable area that is community -oriented, surrounded by historic -natural settings and
functional buildings where people can reside, work and entertain. the Planning and Zoning Board of the
City of Opa-Iocka held a public hearing on October 5, 2021, to consider an amendment to Ordinance 15-
31 of the Land Development Regulations for the adoption of the Historic Downtown Opa-Iocka District and
provided a recommendation of approval.
Proposed Action:
Staff has recommended approval of this legislation.
Attachment:
Draft Ordinance LDR Amendment Article V Historic Downtown Opa-locka District.
ORDINANCE NO.
AN ORDINANCE OF THE PLANNING AND ZONING
BOARD OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING ORDINANCE 15-31 LAND DEVELOPMENT
REGULATIONS PURUSANT TO ARTICLE V -
CREATING THE HISTORIC DOWNTOWN OPA-LOCKA
DISTRICT PROVIDING FOR DEFINITIONS,
PROVIDING FOR PERMITTED AND PROHIBITED
USES; PROVIDING FOR DEVELOPMENT CRITERIA;
PROVIDING FOR SPECIAL PERMIT REQUIREMENTS;
PROVIDING FOR CODIFICATION; PROVIDING FOR
SEVERABILITY AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, in 2011, the City of Opa-Locka adopted the Opa-Locka Community
Redevelopment Plan (OLCRP), a conceptual plan prepared by Carras Community
Investment, Inc. in conjunction with Urban Revitalization Solutions. The OLCRP sought
to capitalize on the area's assets while redressing enduring concerns about building
vacancy, crime, public safety, open space, and underutilization of land; and
WHEREAS, in 2015, the OLCRP was followed by more advanced planning effort
that culminated in the Sustainable Opa-Locka 2030 Comprehensive Development Master
Plan (SOCDMP), an implementation strategy prepared by the Corradino Group. In the
OLCRP it identified the Downtown Opa-locka as a challenged economic area in need of
revitalization to promote a thriving wealth -creating and job -generating business center
with regional strength; and
WHEREAS, both the OLCRP and the SOCDMP advanced the idea of
implementing revitalization activities as well as a special district designation in order to
revitalize a depressed and underutilized segment of the City; and
WHEREAS, the Historic Downtown Opa-Locka District (HDOD) district
designation seeks to provide consistent zoning regulations that will redefine the historic
center of the city in order to create a unique urban district that will provide a physical
place where daily life activities such as shopping, trading, working, governing, faith, the
arts and entertainment and dwelling will interact and complement each other into a
cohesive whole pattern and network; and
WHEREAS, the zoning district will provide goals and objectives to provide
guidance for historic, present and future development with the view toward creating a
town center neighborhood that will be a symbol of the community and a reflection of the
city's values and aspirations; and
WHEREAS, the intention of this section is to develop the Historic Downtown Opa-
Iocka District ("district") as defined, recognizable area that is community -oriented,
surrounded by historic -natural settings and functional buildings where people can
reside, work and entertain; and
WHEREAS, the overall goal and objective of the district is to provide regulation
and development guidelines to contribute to the long-term sustainability and quality of
life for the community; and
WHEREAS, , the Planning and Zoning Board of the City of Opa-locka held a public
hearing on October 5, 2021, to consider an amendment to Ordinance 15-31 of the Land
Development Regulations for the adoption of the Historic Downtown Opa-locka District
and provided a recommendation of approval..
NOW THEREFORE, BE IT RESOLVED BY THE PLANNING AND ZONING
BOARD OF THE CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
SECTION 1. Incorporation of Recitals.
The above recitals are true and correct and are incorporated into this Ordinance
by reference.
SECTION 2. Adoption of the Historic Downtown Opa-locka District.
The City Commission of the City of Opa-locka hereby approves an amendment to
Ordinance 15-31 of the Land Development Regulations for the adoption and
implementation of the Historic Downtown Opa-locka District. A copy of the code
amendment is attached hereto as Exhibit "A".
SECTION 3. Severability.
The provisions of this Ordinance are severable and it is the legislative intention to
confer upon the whole or any part of the Ordinance the powers herein provided.
If any provision of this Ordinance shall be held unconstitutional by any court of
competent jurisdiction, the decision of such court shall not affect or impair any
remaining provisions of the Ordinance. It is hereby declared to be the legislative
intent that this Ordinance would have been adopted had such unconstitutional
provision not been included herein.
SECTION 4. Scrivener's Errors.
Sections of this Ordinance 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 or re -codified copy of same with the City Clerk.
SECTION 5. Effective Date.
This Ordinance shall, upon adoption, become effective as specified by the City of
Opa-locka Code of Ordinances and the City of Opa-locka Charter.
PASSED AND ADOPTED this day of , 2021.
Elio Guerrero, Chairman
ATTEST:
Joanna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burnadette Norris -Weeks, P.A.
City Attorney
Moved by:
Seconded by:
VOTE:
Section 22-97. — HISTORIC DOWNTOWN OPA-LOCKA DISTRICT
(A) Purpose and intent.
The Historic Downtown Opa-locka District (HDOD) district designation seeks to provide
consistent zoning regulations that will redefine the historic center of the city in order to create a
unique urban district that will provide a physical place where daily life activities such as
shopping, trading, working, governing, faith, the arts and entertainment and dwelling will
interact and complement each other into a cohesive whole pattern and network. The zoning
district will provide goals and objectives to provide guidance for historic, present and future
development with the view toward creating a town center neighborhood that will be a symbol of
the community and a reflection of the city's values and aspirations. The intention of this section
is to develop the Historic Downtown Opa-locka District ("district") as defined, recognizable area
that is community -oriented, surrounded by historic -natural settings and functional buildings
where people can reside, work and entertain. The intent of the city in adopting the Historic
Downtown Opa-Locka District Ordinance is to:
(1) Define the boundaries of the historic downtown district;
(2) Expand the economic base of the city, by providing additional employment
opportunities and additional revenues to the city and the region by making the area of the
district more attractive in ways that can increase commerce and tourism which will
assist in the development of specific plans that will allow for large scale social events and
activities within the district to consider the city when choosing their sites;
(3) Provide the basis for the continued and expanded support for initiatives that will cause
the district to be considered as a destination for large scale events and
activities in conformance with the goals and objectives of other city policies;
(4) Enhance the area encompassed by the district through programs that will attract
workers, residents and visitors to active public spaces and gathering places and create a
pedestrian friendly environment;
(5) Develop programs to further enhance the pedestrian environment through the
establishment of unique streetscape design guidelines providing additional signage
opportunities.
(B) Establishment of the district.
The Historic Downtown Opa-locka District shall be established as an area of the city
where it has been found that programs which will contribute to economic development through
the development of a more active streetscape should be undertaken. The district shall have the
following territorial boundaries: Starting from a point in the centerline of Northwest 27th Avenue
and Ali Baba Avenue, proceeding west along Ali Baba Avenue /the CRX Railroad ROW
including the northern portion of Burlington Street to NW 37th Avenue, North towards Sabur
Lane and west to Sharazad Boulevard, Historic City Hall —Sherbondy Village Community
Center Complex on the north side and curve East to back to NW 27th Avenue.
(C) Definitions.
The following words, terms and phrases, when used in this division, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Block means a combination of building lots, the perimeter of which abuts a public
right-of-way or public space.
Block face means the right-of-way line that delineates a block edge.
Building height means a limit to the vertical extent of a building measured in feet
above grade. Building height shall be measured in feet from the average elevation of the
affronting curb to the eave line.
Civic uses means premises used primarily for public education, cultural
performances, gatherings and displays administered by not -for-profit cultural, educational,
governmental and religious organizations.
Carmenes means secluded inner gardens or courtyards with private -public features
such as fountains, benches and ornamental architecture.
Colonnade means a roofed structure, extending over the sidewalk, open to the street
except for supporting columns or piers.
Courtyard garden means a grade level garden enclosed on at least three sides, at
least two sides by building walls and on its remaining sides by fences or garden walls,
with a minimum 30 percent of its area landscaped. The street opening to the courtyard
garden shall not exceed the width of the street or square that it fronts.
Curb radius means the curved edge of street paving at an intersection, measured to
the inside travel edge of the travel lane.
Easement means an area of private property legally dedicated for public use.
Frontage means the property line or lines of a lot that coincide with a right-of-way or
other public space.
Paseo means an easement that allows public pedestrian access traversing private
property from one public right-of-way to another.
Public open space means an open space that is accessible to the public all or some
of the time, including, public rights -of -way, parks, plazas, squares, canal -walks, alleys,
colonnades, carmenes, courtyard gardens, paseos and other easements.
Square means a public space surrounded on four sides by streets or other vehicular
passage. Every corner of a square shall have a street intersection.
Street means a thoroughfare for the movement of pedestrians and vehicles. which
may be public open space or private property allowing public passage.
Streetwall means the vertical surface of a building or structure that faces public
space.
Traffic calming device means a structure or device that is intended to slow the speed
of the traffic on a roadway. It is usually constructed at an intersection. Examples of traffic
calming devices are traffic circles and roundabouts. Traffic calming devices may include a
change of pavement height, texture and materials to identify an area where speed is to be
reduced.
Cross reference— Definitions generally. Sec. 22-238.
(D) Uses.
(A) Allowed uses.
Accounting, bookkeeping, law and other professional offices.
Agency (for employment, travel and/or services to be performed elsewhere).
Art or photographic studio (commercial).
Automobile rental agency, office use only.
Bank or other financial institution.
Business or commercial school.
Catering and delicatessen (including butcher shop) business.
Civic clubs, lodges and fraternal organization facilities.
Conference, meeting facilities or areas of public assemblage for less than 20 people.
Day care center, nursery school or preschool facility.
Dental care and doctor's offices.
Dog grooming only —prohibiting a "pet shop" type business or the boarding. maintaining
or keeping of dogs on -premises anytime between 7:00 p.m. and 7.00 a.m.
Dry cleaning and laundry. drop-off/pick-up only.
Family restaurant/arcade; so long as the arcade use does not exceed 40 percent of the
available business space, alcoholic beverages are permitted on the premises
pending administrative review, no gambling games/machines are permitted, the
arcade area is continually supervised, and the family nature of the operation is
maintained. No more than two family restaurant/arcades shall be permitted in the
Downtown District.
Gymnasium, health club. dance studio or other center where "physical activity" lessons
are conducted.
Insurance agency.
Laundry —No more than two allowed in the Downtown District.
Lodging (Hotels. Motels. Peer to Peer home sharing services)
Museum.
Mixed -use development of residential uses on upper floors above retail, office and
related uses.
Office supply or support (office supplies. copying, printing shop).
Personal services (Le., barbershops, beauty parlors, physical therapy clinics, etc. No
physical therapy clinic shall be open for business between the hours of 10:00 p.m.
and 6:00 a.m.).
Pharmacy.
Post office.
Restaurant (and lounge). cafe, cafeteria, bar and grill.
Retail use.
Small appliance sales and/or service.
Sporting goods store; excluding the sale of weapons and related products used for
sporting and hunting activities, no outdoor store displays or merchandising
activities; no more than one store allowed in the district that sell the described
merchandise.
Stereo/video/electronics rental, sales and/or service.
Theater (live) or motion picture house.
Veterinary clinic (excluding short-term boarding, for medical purposes only).
Other enterprises or businesses which are similar in character and impact to
enterprises or businesses enumerated herein, and which are consistent with the
Comprehensive Plan adopted pursuant to Chapter 163, Florida Statutes. A final
determination of similarity with listed uses and consistency with the Comprehensive
Plan shall be made by the City Commission. after obtaining a recommendation by
the Planning and Zoning Board.
Prohibited uses.
Adult bookstore:
Adult -related business;
Gaming, gambling and casino machines. billiard and pool parlors:
Automotive auctions, repair. sales and service facilities.
Bar; Package store
Clinical laboratory:
Funeral home:
Gun range:
Gun shop:
Pawn shop. Thrift store.
Tattoo Parlor:
Large-scale administrative offices. big box retail/wholesale sales operations and service
and professional facilities:
Any large or medium -scale aviation or marine -related repair or service facilities:
Open air, tented, or booth -operated flea markets or any retail/wholesale sales operation
not contained within a business building, except as otherwise permitted by Florida
State Statutes, §§ 110-01 through 110-03 and permitted temporary uses in LDR
Sec. 22- 119.
Any industrial or manufacturing operation or facilities.
(E) Goals and objectives.
The overall goal and objective of the district is to provide regulation and development
guidelines to contribute to the long-term sustainability and quality of life for the community.
Specific goals and objectives include, but are not limited to. the following:
(1) Promote pedestrian -friendly rights -of -way.
(2) Protect public open spaces.
(3) Promote mixed -income housing strategies.
(4) Foster historic preservation.
(5) Improve code compliance and enforcement.
(6) Encourage meaningful development boundaries.
(7) Promote local and regional public transportation.
(8) Pursue public education on redevelopment.
(F) Implementation concepts.
The concepts of the district shall be as follows:
(1) Make pedestrians a high priority. Enhance the open network of smaller blocks and
provide increased access through new sidewalks, paseos and public alleys.
Provide a tree canopy planted along sidewalks or medians to create shade from
the sun and more attractive streets or sidewalks,
(2) Slow down vehicular traffic. Reduce lanes or lane widths. expand the median and
add on -street parking and trees as traffic calming devices. Use swale areas
facing streets and sidewalks for trees and shrubs and encourage property owners
to enhance landscaping. Provide parking in the rear areas, hidden from the front
view. Reconstruct curbs with smaller radii at intersections. Encourage property
owners to provide cross access between their parking lots and that of their
neighbors.
(3) Improve pedestrian corridors. Improve commercial facades to increase pedestrian
comfort and safety through enhanced lighting and landscaping. Improve the
network of secondary pedestrian corridors in order to extend existing patterns of
pedestrian travel. Create a sense of enclosure and urban character through street
facade.
(4) Aggregate open space for squares, plazas, passive parks and other public open
spaces. Promote activity and natural surveillance by providing plazas and
squares, open to the public and level with the grade of the sidewalk. Create a
legible network of open spaces by waiving minimum open space requirements on
specific lots or parcels in exchange for a credit to develop larger open public
spaces.
(5) Extend transit, at a variety of scales and modes of travel. Implement a circulator
system, such as a local bus system, to be used for local service and to connect to
the regional system. Increase transit ridership to facilitate growth and mobility
without unmanageable traffic congestion.
(6) Attack visual blight. Promote infill development along the edges of blocks to
define street space. Inventory vacant or underutilized lots and provide incentives
for development. Utilize code enforcement procedures to compel compliance
from property owners who have neglected the appearance of their property.
Enforce building codes to ensure applicable minimum standards for older
buildings.
(7) Provide for water retention areas to improve drainage and flooding protection in
low-lying areas. Promote the procurement of vacant or underutilized land that
may be reservoirs for additional storage and storm water retention within the
district. Provide for a hydric park network to reduce flooding and restore the
community's connection to water resources.
(8) Promote civic uses. Encourage public access and participation by providing
cultural performances, gatherings and displays for education and enlightenment.
(G) Precedence over other zoning and land use regulations.
In addition to the criteria previously provided in the Downtown Mixed Use Overlay (DMU)
land use classification and the Historic Downtown Opa-locka District (HDOD), commercial
liberal (B-2), multifamily (R-3), light industrial (1-1), Liberal Industrial (I-3) and civic (C) zoning
districts, the requirements provided in this division must also be followed as the requirements
of the HDOD shall prevail.
(H) Road classifications in the HDOD district.
To further define the functions of the roads and streets within the district. roads are
classified as follows:
(1) Major roadways shall mean those roads that are designed for the efficient
movement of people and vehicles to and through the district. The roads enable
traffic to easily traverse the area as well as provide access to other areas within and
outside the City of Opa-locka. NW 27`h Avenue, NW 37th Avenue, State Road 9, Ali
Baba Avenue, Opa-locka Boulevard are classified as major roadways within this
district.
(2) Minor roadways shall mean those roads that are designed for ease of access for the
movement of people and vehicles through the district. Minor roadways generally
provide short distance access to individual properties within the district and to
adjoining areas. Ali Baba Avenue, from 17`h Avenue to LeJeune-Douglass
Connector; Sharazad Boulevard from NW 27`h Avenue to Ali Baba Avenue, and
Opa-locka Boulevard from NW 27th Avenue to Sharazad Boulevard.
(3) Local streets mean those roads in the district that provide access to individual
properties that are not designated major or minor roadways.
(I) Zoning regulations.
(a) Mixed Use Residential densities in downtown multifamily R-3, R-4, B-2, 1-1 and I-
4 zoning districts shall not exceed 150 units per net acre, unless the property owner
provides public open space as provided in incentives (2) below, but in no event shall
the units per net acre exceed 200 units for affordable/live-work or assisted living.
Residential densities outside of the HDOD shall not exceed 150 units.
(b) Landscaping for all property zoned residential or that includes residential uses
within the zoning district shall conform to an urban design plan that will be adopted
by the city within eight months of the effective date hereof.
(c) The dimensions of squares. plazas, paseos and other open public spaces shall
conform to an urban design plan that will be adopted by the city within four months of
the effective date of the ordinance from which this section is derived.
(d) The facade and architecture requirements shall conform to a Moorish design plan.
The goal of the architectural parameters is to promote creative architectural solutions
within an ensemble of basic urban forms that will ensure harmony and continuity
without mandating a particular style. Building design shall promote pedestrian safety.
comfort and interest for adjoining public spaces. Building design shall promote
energy conservation by including self -shading, natural lighting, natural ventilation.
outdoor circulation and reduced dependence on artificial lighting and air conditioning.
(e) Streetwalls shall have pedestrian entrances at maximum intervals of 150 feet.
The principal pedestrian entrance of all buildings shall be from the street. courtyard
garden or from a paseo.
(f) Streetwalls, landscape buffers or a building shall be constructed to screen parking
from view.
(J) Incorporation of TOD District
A Transit Oriented Development District is generally characterized as a developed
environment within a quarter -mile of a public transit system. with building characteristics
and public amenities that promote the safe movement of pedestrians.
The City of Opa-locka's Transit Oriented Development District is located in the HDOD
which boundaries stated in item (B).
Opa-locka's Transit Oriented Development District (TODD) is specifically created to
facilitate mixed -use development, with access to transit stations or stops along existing
and planned high performance transit service corridors.
The TODD Code also encourages commercial functions that include shop -fronts at
street level, with residential units and office space above, wide pedestrian -friendly and
multimodal sidewalks, rear on -site parking, and possibly public parking facilities.
The TODD incorporates the goals of the HDOD efforts with elements from the previous
Commercial Liberal ("B-2") and Downtown Mixed Use Overlay District standards to
produce development standards for the TODD. The TODD facilitates mixed -use
development, pedestrian -oriented streets, public mobility options, Moorish style
architecture, and opportunities for location of work, play, services and entertainment
within walking distance.
General. This designation shall be known as the TODD for the City of Opa-locka. The
TODD shall promote the Goals, Objectives and Policies contained of the previous
Downtown Mixed Use District designation within the Future Land Use Element of the
Comprehensive Plan. Specifically, Objective LU-2 of the Sustainable Opa-locka 20/30
Comprehensive Plan Future Land Use Element are designed to maximize the
development potential of Historic Downtown Opa-locka.
The TODD designation supplements the Land Development Regulations ("LDR")
provisions within the City of Opa-locka for the area known as the HDOD. The TOLD is
generally described as the area bound to the north by Dunand Avenue, to the east by
NW 27' Avenue, to the south by NW 135`h Street, and to the west by Sesame Street.
Opa-locka's TODD designation is specifically created to encourage compact first-rate
projects based upon smart growth principles, to preserve the existing character of
neighborhoods surrounding the Historic Downtown Opa-locka core: to regulate for high -
quality infill development, and to create a predictable process for developers and the
community to meet these goals.
(J) Incentives.
Incentives to encourage land development to achieve goals and objectives within the
district are as follows:
(1) Land dedication for sidewalks outside of public right-of-way, passive parks. paseos.
public use and open spaces a natural drainage parkway or land for additional
storage and stormwater retention in lieu of payment of a monetary park, recreation
and open space fee as provided by (X).
(2) Increased density for residential or mixed use development for additional units per
net acre up to a maximum of 32 units per net acre as provided in the multifamily R-
3, R-4 zoning designations in the HDOD zoning districts. Additional units per net
acre will be permitted in exchange for land located within the HDOD district, or a
monetary contribution equal to the fair market value of the land not to exceed 40
percent of the total donation, donated to the city as a passive park, paseo, public
and/or open space or a natural drainage parkway as follows: 1,500 square feet for
each of the first two additional units, 1,000 square feet for each of the third, fourth
and fifth additional units, and 850 square feet for each additional unit after the fifth
additional unit. If land located anywhere within the HDOD district is donated to the
city, then the city shall waive the city park, recreation and open space impact fee for
each additional unit.
(3) Financial assistance from the Opa-Iocka Community Redevelopment Agency to
eligible properties for renovation of commercial properties fronting major and minor
roadways within the district.
(4) Provide a perpetual easement to the city on private property for construction of an
architectural feature at or near the boundaries of the district as a credit toward
satisfaction of minimum open space requirements.
(5) Provide a perpetual easement to the city on private property for sidewalks, paths
and paseos or natural drainage parkways as a credit toward satisfaction of minimum
landscaping and open space requirements.
(6) Contests and prizes offered by a not -for-profit organization or public -private
partnership to promote good urban design and innovation for the enhancement and
sustainability of the district.
(7) Five thousand dollars to be paid to the city for each parking space below the
minimum parking requirements for on -site parking, but in no event shall the
deficiency in on -site parking exceed 30 percent of the minimum parking
requirements. These funds shall be placed in a designated account and
accumulated by the city to finance a parking system within the HDOD that will
include a parking garage within a 1,500 -foot radius of boundary lines of the property
where city hall is located. Affordable housing properties developed and owned by
the city are exempt from the provisions in this paragraph.
(8) Provide a minimum 20% total combination of affordable/elderly housing.
(9) The grant of incentives identified in subparagraphs (1), (4), (5), (7) and (8) above,
shall require approval of the city commission by ordinance.
(K) Special permit
In order to be granted a permit for such establishments within this district, the
property owners/applicant shall obtain a Special Permit as specified in the Opa-locka
LDR/Zoning Code Ordinance, as amended, the zoning ordinance of the City. In
reviewing an application for establishments serving alcoholic beverages, the director
of Planning and Community development shall apply the following review guidelines
criteria in addition to the standard criteria of a Special Permit.
In reviewing an application for the District Permit for a supper club, nightclub,
restaurant, coffee shop, or bar, the following additional criteria shall apply:
a. Use requirements and restrictions: To qualify to operate a supper club,
nightclub, restaurant or bar & grill, the establishment must have a
minimum of 40 seats. To qualify or coffee shop, the establishment must
have a max of 20 seats.
b. Operational Plan: An Operational/business plan that address the hours of
operation, number of employees, menu items, goals of the business, and
other operational characteristic pertinent to the application.
c. Parking: Irrespective of parking requirements specified in the LDR/Zoning
Code as amended, the zoning ordinance of the City of Opa-locka,
adaptive reuse of existing buildings for this function shall be required to
provide additional parking via on street parking or parking agreement with
established shared parking arrangement; however, new buildings or
facilities shall be required to provide a parking plan which fully describes
where and how the parking is to be provided and used, e.g. valet, self -
parking, shared parking, after -hour metered spaces, and the manner in
which the parking is to be managed. By a Special Permit, 100 percent of
the required parking may be located offsite within a distance of 500 feet
from the subject establishment if the proposed parking is to be self -park,
and a distance of 1000 feet from the subject establishment if the proposed
parking is to be by valet. For restaurants and other dining establishments,
as adaptive re -use of an existing structure, any square footage used of the
kitchen and/or storage areas will not be counted towards the parking
requirements.
d. For establishment proposing capacities of more than 200 persons, an
indoor/outdoor crowd control plan that addresses how large groups of
people waiting to gain entry into the establishment or already on the
premises, will be controlled.
e. A security plan for the establishment and any parking facility.
f. For establishment proposing capacities of more than 200 persons, a traffic
circulation analysis and plan that details the impact of projected traffic on
the immediate neighborhood and how to mitigate the impact.
g. A sanitation plan, which addresses on -site facilities and off -premises
issues resulting from the operation of the establishment.
h. A plan depicting proximity of proposed establishments of residential use
If the proposed establishment is within 500 feet of the residential uses.
noise attenuation plan is required.
(L) Alcoholic beverage sales within the district.
(a) Minimum distance requirements. There shall be no minimum distance required
between any places of business within the entertainment overlay district licensed by
the state to sell alcoholic beverages for consumption on the premises and any other
place of business similarly licensed within the district.
(b) Hours of operation. The hours and days of sale and consumption
of alcoholic beverages are set forth in section 6-369.
(c) Hours for music and entertainment. Music, singing and other forms of
entertainment whether amplified or not, shall be permitted indoors at any time during
business hours of any facility or business enterprise within the district, and in addition
music, singing and entertainment shall be permitted outdoors within the district,
however, such outdoor music, singing and entertainment shall comply with special
events and entertainment regulations as set forth in chapter (X) of the City of Opa-
Locka Code of Ordinances.
(d) Outdoor sales of alcoholic beverages. Those persons or entities within the district
licensed under the state beverage license laws, may sell and
serve beers, wines and alcoholic beverages of any type regardless of alcohol content
at any location within the district licensed for such sale and under the control of such
licensee, including, but not limited to, sidewalk cafes, outdoor areas designed for
food or beverage consumption on both adjacent to and operated in concert with a
business operated within enclosed premises. Alcoholic beverages can only be
consumed on premises of purchase.
(M) Signs. See LDR Sec. 22-229.
(N) Parking Standards and Requirements.
1. In the HDOD contingent on use, shall be required to provide any off-street parking in
excess of the off-street parking that is currently in existence in this "built -out" area of
the City and subjected to administrative review or Planning and Zoning board and
approval from City Commission
2. All existing buildings in the HDOD are subjected to administrative review for any use
currently allowed in this district to provide any additional off-street parking despite
any change of use that might intensify the use of any building and normally require a
corresponding increase in the amount of off-street parking.
3. However as a consequence of this provision. any existing building in the HDOD
occupied for any currently allowed use as listed under subsection (2) providing any
additional off-street parking due to an increase in any intensity of use shall be
subjected to administrative review .
4. Nothing contained herein shall be construed to authorize or permit the physical
expansion or addition to any existing building in the HDOD over or in any area of
established and existing off-street parking prior to administrative review and
approval.
5. That the aforesaid provisions shall not be applicable to any of the following:
(a) When an existing building in the HDOD is demolished and subsequently replaced
by the construction of a new building on the property.
(b) When an existing building in this district is "effectively demolished" by the razing
of more than 51 percent of the square footage of the existing structure and the
subsequent reconstruction of that portion of the building previously demolished.
(c) When any additional area of occupancy and use is physically constructed and
added onto, or attached to, any existing building in this district.
(d) When a new building is constructed on a previously vacant lot or parcel of
property. If any of the foregoing instances occur, all off-street parking
requirements and provisions contained in the Code of Ordinances shall remain
applicable thereto.
Parking and density calculations.
(a) All parking allocations must be approved by the DRC
(b) All development in the HDOD may be eligible receive a maximum of 35 percent
reduction from the parking standards listed in Section 22-153 "Off Street Parking and
Loading Standards" of the LDC pending administrative review and approval or
Planning, Zoning and Appeals Board and the City Commission review and approval.
Payment -in -Lieu of Parking Fund. A Payment -in -Lieu of Parking Fund shall be
established by the City to provide funding specifically for parking and related
improvements within the HDOD. Payment -in -Lieu of Parking Fees will be collected from
all applicants for development and uses within the HDOD that do not provide sufficient
on -site parking spaces or Shared Parking spaces to meet the minimum parking
requirements of the Code. The Payment -in -Lieu of Parking Fee option for compliance
with this subsection shall become effective upon adoption by the City Commission of a
Resolution which specifies the amount of the Payment -in -Lieu of Parking Fund Fee.
(a) Payment -in -Lieu of Parking Fund Fee Calculation. The amount of a payment to the
Payment -in -Lieu of Parking Fund shall be calculated per parking space which is
required but not provided via on -site parking spaces or Shared Parking spaces. The
amount per parking space shall be determined by the average cost to the City for the
construction of a parking space in a Parking Structure on a program wide basis within
the HDOD, which shall be determined by the Building Director in coordination with the
Planning & Community Development Director. The average cost shall include actual
costs and fees for land acquisition, design and planning, legal fees, engineering, actual
construction, and permit review and inspection.
(b) Payment in Full of Payment -in -Lieu of Parking Fee. For property owners opting to
pay in full, or applicants not eligible to provide payment through a Payment in Lieu of
Parking Agreement as provided in subsection (D), payment of the full amount of the in -
lieu fee shall be due prior to the issuance of a building permit for the development, or
prior to issuance of a certificate of use for the use for which the payment is required,
whichever occurs sooner.
(c) Payment in Lieu of Parking Agreement. In -Lieu of Parking Fee Agreements shall
only be made between the City and the owner(s) of the subject property. Applicants for
an in -lieu fee which is not paid in full prior to issuance of a building permit, must enter
into an In -Lieu of Parking Fee Agreement with the City prior to the issuance of a
building permit for the development, or prior to issuance of a certificate of use for the
use for which the payment is required, whichever occurs sooner. Such agreement shall
be approved by the community development director, and shall be recorded at the
property owner's expense in the Public Records of Broward County, Florida. The In -
Lieu of Parking Fee Agreement shall provide that the obligations imposed by the
agreement constitute a restrictive covenant upon the property, and shall bind
successors. heirs and assigns, and shall be released by the City upon payment in full of
the amount due under the agreement.
(d) Payment in Lieu of Parking Agreement Term. An In -Lieu of Parking Fee Agreement
executed by a property owner applicant in accordance with this subsection shall provide
that installment payments shall be made over no longer than a 36 month time period in
3 installments. The first installment shall be at least 50 percent of the total fee due, and
shall be paid upon signing the agreement, prior to the issuance of a building permit for
the development or a certificate of use, whichever occurs sooner. The second
installment shall be in the amount of at least 25 percent of the total fee amount due, and
shall be paid no later than the second anniversary date of the execution of the
agreement. A third and final payment of 25 percent of the total fee may be authorized
by the agreement, and shall he due no later than the third anniversary date of the
execution of the agreement. A property owner subject to an In -Lieu of Parking Fee
Agreement may make a redemption payment of the remainder of the amount due
pursuant to the agreement, at any time prior to the final required payment.
On -Site Parking.
(a) All parking lots. garages. and Parking Structures shall be located at the rear
of all buildings.
(b) Parking Areas shall be accessed from side and back streets and from
adjacent properties.
(c) Large Surface Parking Lots shall be visually and functionally segmented into
several smaller lots through the use of structures and landscaping. Designs that
reduce visibility, especially between Parking Areas and business entrances,
shall be discouraged.
(d) Surface Parking Areas shall be obscured from Frontages by a building or
Street Screen.
(e) Existing Surface Parking Lots are intended to be reduced, over time, through
redevelopment and/or construction of structured parking facilities.
(f) Parking Areas shall not abut street intersections or terminate a street vista.
On -street parking shall not be closer than 25 feet to a street intersection,
measured from the extended right-of-way lines.
On -Street Parking (Parallel Parking).
(a) On -street parking will be allowed on Opa-locka Boulevard.
(b) On -street parking located adjacent to a building or lot shall not count toward
fulfilling the parking requirements for that building or function.
Off -Street Parking
a) Dwelling, multiple -family: One space per bedroom with maximum two spaces
per dwelling unit for residents. An additional five percent of the total
residents' spaces shall be provided for visitors.
b) Hotels and motels.. including clubs: One parking space for each sleeping
room. If, in addition to sleeping rooms, there are other uses operated in
conjunction with and/or as part of the hotel/motel. additional off-street
parking spaces shall be provided for such other uses as would be required
by this section if such uses were separate from the hotel/motel to the extent
of 35 percent of the off-street parking specified in this article for retail stores,
offices, services. establishments, bars, restaurants, dining rooms, night
clubs. cabarets, ballrooms, banquet halls meeting rooms, auditoriums.
c) Commercial uses. See LDR Sec. 22-155.
d) Developments that provide Affordable/ Elderly Housing may be reduced as
stated below. In no event shall parking be reduced by more than thirty-five
(35%) percent of the spaces required.
e) A maximum 35% reduction in required parking may be permitted within the
HDOD pending administrative review.
Shared Parking.
(a) The parking requirements for buildings containing more than one function
shall be the total of the amount of parking required for each function.
(b) Shared Parking Areas shall be located no further than one -quarter mile of the
building or function utilizing the Shared Parking capacity.
(c) Cross -access easements or similar mechanisms approved by the City
Attorney shall be used to provide joint access between Shared Parking Areas.
(d) In a Parking Structure or Garage, each above -ground level counts as a
single Story regardless of its relationship to habitable Stories.
(e) Parking Structures shall have Liner Buildings along primary frontages and
landscape bufferyards adjacent to residential properties.
(f) Vehicular entrances to parking lots, Parking Garages, and Parking Structures
shall be no wider than 24 feet at the Build -to Line.
(g) Pedestrian walkways shall be integrated, to the extent possible, into the
interior and/or perimeter landscaping of parking lots; constructed with brick
pavers, stamped concrete or a paved or similarly firm surface, at least six feet in
width; and separated from vehicular and Parking Areas by grade, Curbing
and/or vegetation. except for necessary ramps.
(h) Pedestrian exits from all parking lots, garages, and Parking Structures shall
be directly to a Build -to Line except underground levels which may be exited by
pedestrians directly into a building.
(i) Parking facilities and appurtenant driveways shall be designed to maximize
the safety and convenience of pedestrians walking between parked cars and
business entrances as well as between external points and locations on -site.
Loading and Service Areas.
(a) Loading docks, solid waste facilities, recycling facilities and other service
areas shall be located to the rear or side of a building in visually unobtrusive
locations.
(b) All trash and recycling service areas shall be enclosed so as not to be
visible.
(c) Loading docks and service areas shall be permitted on Frontages only by
Administrative Approval
Amenities. A minimum of one bicycle rack place shall be provided within a
Pedestrian Zone for every ten vehicular parking spaces required by this Code
within the Mixed -Use High and Mixed -Use Low districts.
Street requirements.
a) Streets in the HDOD are intended to be inviting public spaces and integral
components of community design. HDOD streets shall be organized according
to a hierarchy based on function, size, capacity, and Design Speed. In
descending order of importance, the hierarchy shall consider pedestrians as the
most important, followed by cyclists, mass transit, and automobiles. All design
elements must consistently be applied to calm automobile traffic and to facilitate
pedestrian activity.
b) The hierarchy of streets for the HDOD should adhere to Tables 2A. Public
Frontages, 2B. Vehicular Thoroughfares, and 2C -2F. Thoroughfare
Assemblies. The proposed hierarchy of streets shall be indicated on the
submitted site plan with each street type being separately detailed.
c) Specialty paving required for pedestrian areas and the HDOD entrance is
detailed in Tables 2C -2F. Thoroughfare Assemblies.
d) Streets may be comprised of segments. Each segment shall have the
characteristic of one street type.
e) The elements that comprise a street within the HDOD are listed below and are
depicted in detail in Tables 2C -2F. Thoroughfare Assemblies.
A. Pedestrian Zone:
1. Curb and Gutter.
2. Planting Area.
(a) Street Trees.
(b) Shrubs.
(c) Ground Cover.
3. Sidewalk.
(a) Optional Planting Area.
(b) Pedestrian Accessways, Paths or Passages.
4. Street Furniture.
5. Lighting.
B. Public Utility Equipment or Public Easement (required if determined to be
necessary by the Planning & Community Development Director).
C. On -Street Parking.
D. Bicycle Lanes
E. Travel Lanes.
F. Landscaped Medians.
f) In the HDOD, Sidewalks in addition to street trees, planting areas and
furnishings occur within the Pedestrian Zone. which is comprised of the Build -to
Line and the right-of-way.
g) Sidewalks are required on both sides the street except for a street on the
undeveloped edge of a HDOD. Sidewalk requirements are listed in Tables 2C -
2F. Thoroughfare Assemblies.
h) The primary Facades of all buildings shall contain the primary pedestrian Entry
and face a public street.
i) The requirements for placement and types of street trees are specified in Table
4. Public Planting.
j) Street trees shall be planted on both sides of the street except for a street on the
undeveloped edge of the HDOD district.
k) Depending on the street type, the planting area may contain the required
landscaping; the required street trees, or a combination of both.
I) The required planting area width may be combined with the required Sidewalk to
expand the Sidewalk beyond the required width. In this scenario, the street trees
must be placed in tree grates.
m) Utilities shall be placed underground and should be located along Rights -of -Way
("ROWs").
n) Curbs and gutters shall conform to the City's Engineering design standards.
o) Parallel on -street Parking Areas (including area of adjacent paved gutter) shall
be at least 7 feet wide for Residential streets and at least 7 to 8 feet wide for
Primary and Secondary Streets, and at least 22 feet long for all streets.
p) Angled on -street parking may be provided as long as wheel stops or Curbed
Sidewalks are provided.
q) On -street parking width shall include the adjacent paved gutter area. Curbed
bulb -outs containing streets trees and/or other plantings are encouraged to be
built at regular intervals and at all intersections within a dedicated on -street
Parking Area.
r) Where provided, Bicycle Lanes shall be at least four feet in width and shall be
placed between on -street Parking Areas and travel lanes, or between the Curb
and gutter and the travel lanes in the absence of on -street Parking Areas.
s) City approved bus shelters shall be provided by the property owners or the City
on all Primary Streets within the HDOD.
Cross reference— Minimum Parking Ratios. section 22-155; Off-street parking facilities;
paving and drainage; lighting: landscaping; and minimum number of off-street
parking spaces; off-street parking requirements for single-family residential and
multifamily zoning districts, section 22-161.
(0) Building height limit.
The maximum building height shall be no higher than 75 feet. no more than seven
stories and shall comply with Federal Aviation Administration Regulations, Part 77
and to ensure safety and livability
(P) Building site area required.
Commercial or office use only. all floors:
The minimum building site area required shall be a lot or parcel of land 10,000
square feet in area.
Mixed use.
Mixed -use building site area will be determined by FAR as specified under
subsection (Q).
(Q) Floor area limitations.
All buildings within this category shall be limited to a floor area ratio (FAR) as listed:
Height of
Building
Floor Area Ratio
1 story
0.4
2 story
0.6
3 story
0.8
4 story
1
5 story
1.2
6 story
1.4
7 story
1.6
8 story
1.8
9 story or over
2
(R) Maximum Allowable Density and Square Footage Requirements.
Parcels located in the HDOD may be developed as follows:
1. Residential density shall not exceed one hundred and fifty (150) units per acre
2. Nonresidential developments shall be not less than a floor area ratio of 0.15
and shall not exceed a floor area ration of 3.0.
Commercial or office use only, all floors:
The minimum first floor area of a commercial building in this district shall be 1.500
square feet.
Mixed use:
In addition to the floor area required for the first floor of commercial or office use. the
minimum square footage requirement for the upper -floor residential dwellings
shall be as follows:
a) One bedroom — 550 sq ft. minimum
b) Two bedroom — 725 sq. ft. minimum
c) Studio Units — 450 sq. ft. minimum (Seniors Only) capped at 30 percent
Also, the following maximum percentage allocation of total residential area to ground
floor business area, per development, shall apply:
Residential: 67 percent (i.e., a 2:1 ratio between residential and business,
respectively.)
Front yard. Front yard required for a building designed for commercial or mixed use.
All buildings shall be built to the front property line except as follows:
1. A landscaped setback of 15 feet may be permitted for beautification purposes
only, at the option of the property owner.
2. Projections beyond the face of the building (such as upper floors that cantilever
beyond the footprint of the lower level) cannot extend beyond the front
property line.
Side yard required. No side yard is required for a building designed for either
commercial or mixed use. except where required for protective screening, as
required in subsection (M) below.
Projections beyond the face of the building (such as upper floors that cantilever
beyond the footprint of the lower level) cannot extend beyond the side
property lines.
Rear yard required for a building designed for commercial or mixed use. There shall
be a rear yard consisting of an area which is not less than 30 percent of the lot or
building site to be improved. In order to provide space for drains and other uses.
except in those cases where the lot or building site abuts upon a dedicated alley
which has a width of not less than 40 feet, in which case the rear yard may be 20
percent of the lot or building site area.
(S) Protective screening.
Where any lot in this district adjoins a residential district, a five-foot strip of land
adjoining the boundary of the residential district shall be set aside and used for
planting or walls by the owner of the commercial or mixed -use lot at his expense. to
form an effective screen for the protection of the residential area No structure.
except the screen or wall. or utilities or drainage facilities, shall be placed or
permitted in the area. No vehicular access shall be permitted over the area, except
for the installation or maintenance of screening. utilities. and drainage facilities.
(T) Open space and landscaping requirements.
(a) Notwithstanding any provision of this Code to the contrary, each site shall
provide a minimum of 12 percent of its net lot area as landscaped open space,
except where this requirement is modified per subsection (b) and/or subsection
(c)
(b) In -lieu of providing all or a portion of the landscaped open space required by
subsection (a), a property owner may choose to aggregate all or a portion of
required landscaped open space together on one site within the HDOD. In order
to utilize this option, said aggregated space must be readily accessible to the
public, must be a minimum of one -quarter acre, and must be approved through
the site plan review process. Additionally, where this option is utilized, in whole or
in part, to meet the required landscaped open space for residential uses in the
HDOD, said space may be counted toward any land dedication otherwise needed
to meet the requirements of parks concurrency. When this option is utilized, a
covenant running with the land encumbering all properties involved, and in a form
acceptable to the City Manager and the City Attorney, shall be recorded among
the public records. The burden shall be on the property owner and/or applicant to
demonstrate compliance with landscaped open space requirements, and to
produce any documentation as necessary. However, notwithstanding the
provisions of this subsection, sufficient landscaping shall be provided on -site to
appropriately complement building architecture and other functions on each site,
as determined through the site plan review process, and to meet other explicit
requirements of this Code.
(c) Where a building includes a habitable rooftop, including but not limited to a
recreation area or outdoor dining space, said habitable rooftop area shall be
counted toward the amount of land required for landscaped open space per
subsection (a).
(d) Except as provided in subsection (e), each site shall provide the number of trees,
shrubs and other landscape materials as provided in article VII Landscaping and
Tree Preservation. However, placement of trees, shrubs and other landscape
materials shall be determined through the site plan review process, consistent
with the site plan review standards in Section 22-56.
(e) Where all required trees and shrubs cannot be provided on -site, the property
owner may choose a cash in -lieu payment to the city instead of providing that
portion of trees or shrubs that cannot be provided on -site, subject to approval by
the city commission. In order to utilize this provision. the property owner shall
provide to the city a good faith estimate, at the prevailing market rate as approved
by the City Manager, of the cost to purchase and install that portion of trees and
shrubs that cannot be provided on -site, which shall constitute the amount of the
required payment. The city may only use these funds in furtherance of projects
identified in the adopted Beautification Master Plan that are within the HDOD. If
there are no projects in the HDOD for which these funds may be utilized,
the city shall not accept the cash in -lieu, and the property owner/developer shall
either modify the proposed project to accommodate the required trees and
shrubs, or apply for a variance. However, notwithstanding the provisions of this
subsection, sufficient landscaping shall be provided on -site to appropriately
complement building architecture and other functions on each site, as determined
through the site plan review process, and to meet other explicit requirements of
this Code.
(f) If a plaza or courtyard is placed in the front or side street setback between any
street type and a building. as provided for in (Q)1, said plaza/courtyard shall
remain open to the public except in the case of emergencies or in the case of
special events, as approved by the city in accordance with Section 22-135. Said
plaza/courtyard may be counted as open space, including as aggregated open
space per subsection (b).
(U) Off hours security devices.
The use of shutters, awnings, gates, panels or sheets or any other device meant to
provide off hours premises security is prohibited. Notwithstanding the foregoing, the
provisions contained in sec. 22-118 of the LDR relating to storm protection, shall
remain applicable to all district properties. Exterior mounted security gates or solid
roll down metal windows shall not be permitted. Link or grill type security devices
shall be permitted only if installed from the inside, within the window or doorframe.
Other types of security devices fastened to the exterior walls are not permitted.
PLANNING
&ZONING
ADVISORY
BOARD
October 5th
2021
Land Development Regulations: HISTORIC
DOWNTOWN OPA-LOCKA DISTRICT
STAFF'S REQUEST: AN ORDINANCE OF THE PLANNING AND ZONING BOARD OF THE CITY
OF OPA-LOCKA, FLORIDA, AMENDING ORDINANCE 15-31 LAND
DEVELOPMENT REGULATIONS PURUSANT TO ARTICLE V — CREATING
THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT PROVIDING FOR
DEFINITIONS, PERMIT AND EVERABILITY; CODIFICATION; AND AN
EFFECTIVE DATE.
Staff Report
City of Opa-locka 1 Planning and Community Development Departrnent
Background
• In 2011, the City of Opa-Locka adopted the Opa-Locka Community Redevelopment Plan (OLCRP), a
conceptual plan prepared by Carras Community Investment, Inc. in conjunction with Urban
Revitalization Solutions. The OLCRP sought to capitalize on the area's assets while redressing enduring
concerns about building vacancy, crime, public safety, open space, and underutilization of land.
• In 2015, the OLCRP was followed by more advanced planning effort that culminated in the Sustainable
Opa-Locka 2030 Comprehensive Development Master Plan (SOCDMP), an implementation strategy
prepared by the Corradino Group. In the OLCRP it identified the Downtown Opa-locka as a challenged
economic area in need of revitalization to promote a thriving wealth -creating and job -generating
business center with regional strength.
• The Historic Downtown Opa-locka District (HDOD) district designation seeks to provide consistent
zoning regulations that will redefine the historic center of the city in order to create a unique urban
district that will provide a physical place where daily life activities such as shopping, trading, working,
governing, faith, the arts and entertainment and dwelling will interact and complement each other into
a cohesive whole pattern and network. The zoning district will provide goals and objectives to provide
guidance for historic, present and future development with the view toward creating a town center
neighborhood that will be a symbol of the community and a reflection of the city's values and
aspirations.
II. Details
• Staff's intent
Staff proposes to update article V of the Land Development Regulations to reflect the current
momentum towards improving our cities appearance and functionality for a cleaner and more
presentable community for our citizens and visitors. With this in mind, the Planning and
Community Development Department has developed language establishing the Historic
Downtown Opa-locka District for developers and entrepreneurs looking to build and or
relocated in the City to provide guidelines and concepts.
III. Overall Analysis
• The current LDR lacks the strength to address many of these issues directly and many times
leaves staff to interpret the code which can lead to misrepresentation of city goals and
objectives.
• Drafted in 2015, standards have been updated county wide to address many of the
aforementioned changes, the updates are a reflection of more progressive municipalities in the
county in upgrading our city standards and creating a new narrative for the city moving
forward.
• The current Zoning does not address additional uses to allow for the civic engagement
opportunities we would like to see in our city. With the passing of this item, it will provide a
roadmap and a dialogue to creating an image the citizens can be proud of and to guide future
development while developing a new economic driver for Residents and Businesses.
City of Opa-locka 1 Planning and Community Development Department
Page 3 of 5
•
IV. Staff Recommendation:
Staff recommends approval of the LDR amendments pending the following:
• Review of the Draft Historic Downtown Opa-locka District ordinance amendment
V Attachments:
■ Draft Historic Downtown Opa-locka District ordinance amendment
Planning and Community Development Department
Project Planner
Name and Title
Initials
Corion J. DeLaine, City Planner
Zoning
I Gerald J. Lee, Zoning Official
Approved by
Gregory D. Gay, Director
Planning and Community Development
VI. Staff Report Updated After the Planning Council Meeting on October 5tb, 2021.
Reflected Actions:
I. Planning Council Decision: (PLEASE SEE MEETING MINUTES FOR DETAIL DISCUSSIONS)
Ordinance No.
ORDINANCE OF THE PLANNING COUNCIL, OF THE CITY OF OPA-LOCKA, RELATING TO THE
APPLICATION OF: ARTICLE V — CREATING THE HISTORIC DOWNTOWN OPA-LOCKA DISTRICT
WHEREAS, Staff 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
b. DENIED
iii
n
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 of this request was approved by a - vote***
City of Opa-locka !Planning and Community Development Department
Page 4 of 5
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 day of
Chairperson or Designee
The Following changes/recommendations are updates based on the Planning Council Meeting
discussions in regards to the proposed LDR Amendments
City of Opa-locka 1 Planning and Community Development Department
City Of Opa-IOCka 1 Planning and Community Development Department
Section 22-101. — HISTORIC DOWNTOWN OPA-LOCKA DISTRICT
(A) Purpose and intent.
The Historic Downtown Opa-locka District (HDOD) district designation seeks to provide
consistent zoning regulations that will redefine the historic center of the city to create a unique
urban district that will provide a physical place where daily life activities such as shopping,
trading, working, governing, faith, the arts and entertainment and dwelling will interact and
complement each other into a cohesive whole pattern and network. The zoning district will
provide goals and objectives to provide guidance for historic, present, and future development
with the view toward creating a town center neighborhood that will be a symbol of the
community and a reflection of the city's values and aspirations. The intention of this section is
to develop the Historic Downtown Opa-locka District ("district") as defined, recognizable area
that is community -oriented, surrounded by historic -natural settings and functional buildings
where people can reside, work and entertain. The intent of the city in adopting the Historic
Downtown Opa-Locka District Ordinance is to:
(1) Define the boundaries of the historic downtown district:
(2) Expand the economic base of the city, by providing additional employment
opportunities and additional revenues to the city and the region by making the area of the
district more attractive in ways that can increase commerce and tourism which will
assist in the development of specific plans that will allow for large scale social events and
activities within the district to consider the city when choosing their sites.
(3) Provide the basis for the continued and expanded support for initiatives that will cause
the district to be considered as a destination for large scale events and
activities in conformance with the goals and objectives of other city policies.
(4) Enhance the area encompassed by the district through programs that will attract
workers, residents and visitors to active public spaces and gathering places and create a
pedestrian friendly environment.
(5) Develop programs to further enhance the pedestrian environment through the
establishment of unique streetscape design guidelines providing additional signage
opportunities.
(B) Establishment of the district.
The Historic Downtown Opa-locka District shall be established as an area of the city
where it has been found that programs which will contribute to economic development through
the development of a more active streetscape should be undertaken. The district shall have the
following territorial boundaries: Starting from a point in the centerline of Northwest 27th Avenue
and Ali Baba Avenue, proceeding west along Ali Baba Avenue /the CRX Railroad ROW
including the northern portion of Burlington Street to NW 37th Avenue, North towards Sabur
Lane and west to Sharazad Boulevard, Historic City Hall —Sherbondy Village Community
Center Complex on the north side and curve East to back to NW 27th Avenue.
(C) Definitions.
The following words, terms and phrases, when used in this division, shall have the
meaninqs ascribed to them in this section, except where the context clearly indicates a
different meaning:
Block means a combination of building lots, the perimeter of which abuts a public
right-of-way or public space.
Block face means the right-of-way line that delineates a block edge.
Building height means a limit to the vertical extent of a building measured in feet
above grade. Building height shall be measured in feet from the average elevation of the
affronting curb to the eave line.
Civic uses mean premises used primarily for public education, cultural performances,
gatherings and displays administered by not -for-profit cultural, educational, governmental
and religious organizations.
Carmenes means secluded inner gardens or courtyards with private -public features
such as fountains, benches, and ornamental architecture.
Colonnade means a roofed structure, extending over the sidewalk, open to the street
except for supporting columns or piers.
Courtyard garden means a grade level garden enclosed on at least three sides, at
least two sides by building walls and on its remaining sides by fences or garden walls,
with a minimum 30 percent of its area landscaped. The street opening to the courtyard
garden shall not exceed the width of the street or square that it fronts.
Curb radius means the curved edge of street paving at an intersection, measured to
the inside travel edge of the travel lane.
Easement means an area of private property legally dedicated for public use.
Frontage means the property line or lines of a lot that coincide with a right-of-way or
other public space.
Paseo means an easement that allows public pedestrian access traversing private
property from one public right-of-way to another.
Public open space means an open space that is accessible to the public all or some
of the time, including, public rights -of -way, parks, plazas, squares, canal -walks, alleys,
colonnades, carmenes, courtyard gardens, paseos, and other easements.
Square means a public space surrounded on four sides by streets or other vehicular
passage. Every corner of a square shall have a street intersection.
Street means a thoroughfare for the movement of pedestrians and vehicles, which
may be public open space or private property allowing public passage.
Street wall means the vertical surface of a building or structure that faces public
space.
Traffic calming device means a structure or device that is intended to slow the speed
of the traffic on a roadway. It is usually constructed at an intersection. Examples of traffic
calming devices are traffic circles and roundabouts. Traffic calming devices may include a
change of pavement height, texture, and materials to identify an area where speed is to
be reduced.
Cross reference— Definitions generally, Sec. 22-238.
D Uses.
(A) Allowed uses.
Accounting, bookkeeping, law and other professional offices.
Agency (for employment, travel and/or services to be performed elsewhere).
Art or photographic studio (commercial).
Automobile rental agency, office use only.
Bank or other financial institution.
Business or commercial school.
Catering and delicatessen (including butcher shop) business.
Civic clubs, lodges and fraternal organization facilities.
Conference, meeting facilities or areas of public assemblage for less than 20 people.
Day care center, nursery school or preschool facility.
Dental care and doctor's offices.
Dog grooming only prohibiting a "pet shop" type business or the boarding, maintaining
or keeping of dogs on -premises anytime between 7:00 p.m. and 7:00 a.m.
Dry cleaning and laundry, drop-off/pick-up only.
Family restaurant/arcade; so long as the arcade use does not exceed 40 percent of the
available business space, alcoholic beverages are permitted on the premises
pending administrative review, no gambling games/machines are permitted, the
arcade area is continually supervised, and the family nature of the operation is
maintained. No more than two family restaurant/arcades shall be permitted in the
Downtown District.
Gymnasium, health club, dance studio or other center where "physical activity" lessons
are conducted.
Insurance agency.
Laundry —No more than two allowed in the Downtown District.
Lodging (Hotels, Motels, Peer to Peer home sharing services)
Museum.
Mixed -use development of residential uses on upper floors above retail, office and
related uses.
Office supply or support (office supplies, copying, printing shop).
Personal services (i.e., barbershops, beauty parlors, physical therapy clinics, etc. No
physical therapy clinic shall be open for business between the hours of 10:00 p.m.
and 6:00 a.m.).
Pharmacy.
Post office.
Restaurant (and lounge), cafe, cafeteria, bar and grill.
Retail use.
Small appliance sales and/or service.
Sporting goods store: excluding the sale of weapons and related products used for
sporting and hunting activities, no outdoor store displays or merchandising
activities; no more than one store allowed in the district that sell the described
merchandise.
Stereo/video/electronics rental, sales and/or service.
Theater (live) or motion picture house.
Veterinary clinic (excluding short-term boarding, for medical purposes only).
Other enterprises or businesses which are similar in character and impact to
enterprises or businesses enumerated herein, and which are consistent with the
Comprehensive Plan adopted pursuant to Chapter 163, Florida Statutes. A final
determination of similarity with listed uses and consistency with the Comprehensive
Plan shall be made by the City Commission, after obtaining a recommendation by
the Planning and Zoning Board.
B) Prohibited uses.
Adult bookstore.
Adult -related business.
Gaming, gambling and casino machines, billiard and pool parlors.
Automotive auctions, repair, sales and service facilities.
Bar; Package store
Clinical laboratory.
Funeral home.
Gun range.
Gun shop.
Pawn shop, Thrift store.
Tattoo Parlor.
Large-scale administrative offices, big box retail/wholesale sales operations and service
and professional facilities.
Any large or medium -scale aviation or marine -related repair or service facilities.
Open air, tented, or booth -operated flea markets or any retail/wholesale sales operation
not contained within a business building, except as otherwise permitted by Florida
State Statutes, § 110-01 through 110-03 and permitted temporary uses in LDR
Sec. 22- 119.
Any industrial or manufacturing operation or facilities.
(E) Goals and objectives.
The overall goal and objective of the district is to provide regulation and development
guidelines to contribute to the long-term sustainability and quality of life for the community.
Specific goals and objectives include, but are not limited to, the following:
(1) Promote pedestrian -friendly rights -of -way.
(2) Protect public open spaces.
(3) Promote mixed -income housing strategies.
(4) Foster historic preservation.
(5) Improve code compliance and enforcement.
(6) Encourage meaningful development boundaries.
(7) Promote local and regional public transportation.
(8) Pursue public education on redevelopment.
(F) Implementation concepts.
The concepts of the district shall be as follows:
(1) Make pedestrians a high priority. Enhance the open network of smaller blocks and
provide increased access through new sidewalks, paseos, and public alleys.
Provide a tree canopy planted along sidewalks or medians to create shade from
the sun and more attractive streets or sidewalks.
(2) Slow down vehicular traffic. Reduce lanes or lane widths, expand the median and
add on -street parking and trees as traffic calming devices. Use swale areas
facing streets and sidewalks for trees and shrubs and encourage property owners
to enhance landscaping. Provide parking in the rear areas, hidden from the front
view. Reconstruct curbs with smaller radii at intersections. Encourage property
owners to provide cross access between their parking lots and that of their
neighbors.
(3) Improve pedestrian corridors. Improve commercial facades to increase pedestrian
comfort and safety through enhanced lighting and landscaping. Improve the
network of secondary pedestrian corridors to extend existing patterns of
pedestrian travel. Create a sense of enclosure and urban character through street
facade.
(4) Aggregate open space for squares, plazas, passive parks and other public open
spaces. Promote activity and natural surveillance by providing plazas and
squares, open to the public and level with the grade of the sidewalk. Create a
legible network of open spaces by waiving minimum open space requirements on
specific lots or parcels in exchange for a credit to develop larger open public
spaces.
(5) Extend transit, at a variety of scales and modes of travel. Implement a circulator
system, such as a local bus system, to be used for local service and to connect to
the regional system. Increase transit ridership to facilitate growth and mobility
without unmanageable traffic congestion.
(6) Attack visual blight. Promote infill development along the edges of blocks to
define street space. Inventory vacant or underutilized lots and provide incentives
for development. Utilize code enforcement procedures to compel compliance
from property owners who have neglected the appearance of their property.
Enforce building codes to ensure applicable minimum standards for older
buildings.
(7) Provide for water retention areas to improve drainage and flooding protection in
low-lying areas. Promote the procurement of vacant or underutilized land that
may be reservoirs for additional storage and storm water retention within the
district. Provide for a hydric park network to reduce flooding and restore the
community's connection to water resources.
(8) Promote civic uses. Encourage public access and participation by providing
cultural performances, gatherings and displays for education and enlightenment.
(G) Precedence over other zoning and land use regulations.
In addition to the criteria previously provided in the Downtown Mixed -Use Overlay (DMU)
land use classification and the Historic Downtown Opa-locka District (HDOD), commercial
liberal (B-2), multifamily (R-3), light industrial (1-1), Liberal Industrial (1-3) and civic (C) zoning
districts, the requirements provided in this division must also be followed as the requirements
of the HDOD shall prevail.
(H) Road classifications in the HDOD district.
To further define the functions of the roads and streets within the district, roads are
classified as follows:
(1) Major roadways shall mean those roads that are designed for the efficient
movement of people and vehicles to and through the district. The roads enable
traffic to easily traverse the area as well as provide access to other areas within and
outside the City of Opa-locka. NW 27th Avenue, NW 37th Avenue, State Road 9, Ali
Baba Avenue, Opa-locka Boulevard are classified as major roadways within this
district.
(2) Minor roadways shall mean those roads that are designed for ease of access for the
movement of people and vehicles through the district. Minor roadways generally
provide short distance access to individual properties within the district and to
adjoining areas. Ali Baba Avenue, from 17th Avenue to LeJeune-Douglass
Connector; Sharazad Boulevard from NW 27th Avenue to Ali Baba Avenue, and
Opa-locka Boulevard from NW 27th Avenue to Sharazad Boulevard.
(3) Local streets mean those roads in the district that provide access to individual
properties that are not designated major or minor roadways.
(I) Zoning regulations.
(a) Mixed Use Residential densities in downtown multifamily R-3, R-4, B-2, 1-1 and I-
4 zoning districts shall not exceed 150 units per net acre, unless the property owner
provides public open space as provided in incentives (2) below, but in no event shall
the units per net acre exceed 200 units for affordable/live-work or assisted living.
Residential densities outside of the HDOD shall not exceed 150 units.
(b) Landscaping for all property zoned residential or that includes residential uses
within the zoning district shall conform to an urban design plan that will be adopted
by the city within eight months of the effective date hereof.
(c) The dimensions of squares, plazas, paseos and other open public spaces shall
conform to an urban design plan that will be adopted by the city within four months of
the effective date of the ordinance from which this section is derived.
(d) The facade and architecture requirements shall conform to a Moorish design plan.
The goal of the architectural parameters is to promote creative architectural solutions
within an ensemble of basic urban forms that will ensure harmony and continuity
without mandating a particular style. Building design shall promote pedestrian safety,
comfort and interest for adjoining public spaces. Building design shall promote
energy conservation by including self -shading, natural lighting, natural ventilation,
outdoor circulation and reduced dependence on artificial lighting and air conditioning.
(e) Street walls shall have pedestrian entrances at maximum intervals of 150 feet.
The principal pedestrian entrance of all buildings shall be from the street, courtyard
garden or from a paseo.
(f) Street walls, landscape buffers or a building shall be constructed to screen parking
from view.
(J) Incorporation of TOD District
A Transit Oriented Development District is generally characterized as a developed
environment within a quarter mile of a public transit system, with building characteristics
and public amenities that promote the safe movement of pedestrians.
The City of Opa-locka's Transit Oriented Development District is in the HDOD which
boundaries stated in item (B).
Opa-locka's Transit Oriented Development District (TODD) is specifically created to
facilitate mixed -use development, with access to transit stations or stops along existing
and planned high performance transit service corridors.
The TODD Code also encourages commercial functions that include shopfronts at street
level, with residential units and office space above, wide pedestrian -friendly and
multimodal sidewalks, rear on -site parking, and possibly public parking facilities.
The TODD incorporates the goals of the HDOD efforts with elements from the previous
Commercial Liberal ("B-2") and Downtown Mixed -Use Overlay District standards to
produce development standards for the TODD. The TODD facilitates mixed -use
development, pedestrian -oriented streets, public mobility options, Moorish style
architecture, and opportunities for location of work, play, services, and entertainment
within walking distance.
General. This designation shall be known as the TODD for the City of Opa-locka. The
TODD shall promote the Goals, Objectives and Policies contained of the previous
Downtown Mixed Use District designation within the Future Land Use Element of the
Comprehensive Plan. Specifically, Objective LU-2 of the Sustainable Opa-locka 20/30
Comprehensive Plan Future Land Use Element are designed to maximize the
development potential of Historic Downtown Opa-locka.
The TODD designation supplements the Land Development Regulations ("LDR")
provisions within the City of Opa-locka for the area known as the HDOD. The TOCD is
generally described as the area bound to the north by Dunand Avenue, to the east by
NW 27th Avenue, to the south by NW 135th Street, and to the west by Sesame Street.
Opa-locka's TODD designation is specifically created to encourage compact first-rate
projects based upon smart growth principles; to preserve the existing character of
neighborhoods surrounding the Historic Downtown Opa-Iocka core; to regulate for high -
quality infill development, and to create a predictable process for developers and the
community to meet these goals.
(J) Incentives.
Incentives to encourage land development to achieve goals and objectives within the
district are as follows:
(1) Land dedication for sidewalks outside of public right-of-way, passive parks, paseos,
public use and open spaces, a natural drainage parkway or land for additional
storage and stormwater retention in lieu of payment of a monetary park, recreation
and open space fee will be subjected to Administrative Review or at the
recommendation of the City Manager and or the City Commission.
(2) Increased density for residential or mixed -use development for additional units per
net acre up to a maximum of 32 units per net acre as provided in the multifamily R-
3, R-4 zoning designations in the HDOD zoning districts. Additional units per net
acre will be permitted in exchange for land located within the HDOD district, or a
monetary contribution equal to the fair market value of the land not to exceed 40
percent of the total donation, donated to the city as a passive park, paseo, public
and/or open space or a natural drainage parkway as follows: 1,500 square feet for
each of the first two additional units, 1,000 square feet for each of the third, fourth
and fifth additional units, and 850 square feet for each additional unit after the fifth
additional unit. If land located anywhere within the HDOD district is donated to the
city, then the city shall waive the city park, recreation, and open space impact fee
for each additional unit.
(3) Financial assistance from the Opa-locka Community Redevelopment Agency to
eligible properties for renovation of commercial properties fronting major and minor
roadways within the district.
(4) Provide a perpetual easement to the city on private property for construction of an
architectural feature at or near the boundaries of the district as a credit toward
satisfaction of minimum open space requirements.
(5) Provide a perpetual easement to the city on private property for sidewalks, paths
and paseos or natural drainage parkways as a credit toward satisfaction of minimum
landscaping and open space requirements.
(6) Contests and prizes offered by a not -for-profit organization or public -private
partnership to promote good urban design and innovation for the enhancement and
sustainability of the district.
(7) Five thousand dollars to be paid to the city for each parking space below the
minimum parking requirements for on -site parking, but in no event shall the
deficiency in on -site parking exceed 30 percent of the minimum parking
requirements. These funds shall be placed in a designated account and
accumulated by the city to finance a parking system within the HDOD that will
include a parking garage within a 1,500 -foot radius of boundary lines of the property
where city hall is located. Affordable housing properties developed and owned by
the city are exempt from the provisions in this paragraph.
(8) Provide a minimum 20% total combination of affordable/elderly housing.
(9) The grant of incentives identified in subparagraphs (1), (4), (5), (7) and (8) above,
shall require approval of the city commission by ordinance.
(K) Special permit
To be granted a permit for such establishments within this district, the property
owners/applicant shall obtain a Special Permit as specified in the Opa-locka
LDR/Zoninq Code Ordinance, as amended, the zoning ordinance of the City. In
reviewing an application for establishments serving alcoholic beverages, the director
of Planning and Community development shall apply the following review guidelines
criteria in addition to the standard criteria of a Special Permit.
In reviewing an application for the District Permit for a supper club, nightclub,
restaurant, coffee shop, or bar, the following additional criteria shall apply:
a. Use requirements and restrictions: To qualify to operate a supper club,
nightclub, restaurant or bar & grill, the establishment must have a
minimum of 40 seats. To qualify or coffee shop, the establishment must
have a max of 20 seats.
b. Operational Plan: An Operational/business plan that address the hours of
operation, number of employees, menu items, goals of the business, and
other operational characteristic pertinent to the application.
c. Parking: Irrespective of parking requirements specified in the LDR/Zoning
Code as amended, the zoning ordinance of the City of Opa-locka,
adaptive reuse of existing buildings for this function shall be required to
provide additional parking via on street parking or parking agreement with
established shared parking arrangement; however, new buildings or
facilities shall be required to provide a parking plan which fully describes
where and how the parking is to be provided and used, e.q. valet, self -
parking, shared parking, after -hour metered spaces, and the manner in
which the parking is to be managed. By a Special Permit, 100 percent of
the required parking may be located offsite within 500 feet from the
subject establishment if the proposed parking is to be self -park, and 1000
feet from the subject establishment if the proposed parking is to be by
valet. For restaurants and other dining establishments, as adaptive re -use
of an existing structure, any square footage used of the kitchen and/or
storage areas will not be counted towards the parking requirements.
d. For establishment proposing capacities of more than 200 persons, an
indoor/outdoor crowd control plan that addresses how large groups of
people waiting to enter the establishment or already on the premises, will
be controlled.
e. A security plan for the establishment and any parking facility.
f. For establishment proposing capacities of more than 200 persons, a traffic
circulation analysis and plan that details the impact of projected traffic on
the immediate neighborhood and how to mitigate the impact.
g. A sanitation plan, which addresses on -site facilities and off -premises
issues resulting from the operation of the establishment.
h. A plan depicting proximity of proposed establishments of residential use
i. If the proposed establishment is within 500 feet of the residential uses,
noise attenuation plan is required.
(L) Alcoholic beverage sales within the district.
(a) Minimum distance requirements. There shall be no minimum distance required
between any places of business within the entertainment overlay district licensed by
the state to sell alcoholic beverages for consumption on the premises and any other
place of business similarly licensed within the district.
(b) Hours of operation. The hours and days of sale and consumption
of alcoholic beverages are set forth in section 4-3.
(c) Hours for music and entertainment. Music, singing and other forms of
entertainment whether amplified or not, shall be permitted indoors at any time during
business hours of any facility or business enterprise within the district, and in addition
music, singing and entertainment shall be permitted outdoors within the district,
however, such outdoor music, singing and entertainment shall comply with special
events and entertainment regulations as set forth in Section 4-10 of the City of Opa-
Locka Code of Ordinances.
(d) Outdoor sales of alcoholic beverages. Those persons or entities within the district
licensed under the state beverage license laws, may sell and
serve beers, wines and alcoholic beverages of any type regardless of alcohol content
at any location within the district licensed for such sale and under the control of such
licensee, including, but not limited to, sidewalk cafes, outdoor areas designed for
food or beverage consumption on both adjacent to and operated in concert with a
business operated within enclosed premises. Alcoholic beverages can only be
consumed on premises of purchase.
(M) Signs. See LDR Sec. 22-229.
(N) Parking Standards and Requirements.
1. In the HDOD contingent on use, shall be required to provide any off-street parking
more than the off-street parking that is currently in existence in this "built -out" area of
the City and subjected to administrative review or Planning and Zoning board and
approval from City Commission.
2. All existing buildings in the HDOD are subjected to administrative review for any use
currently allowed in this district to provide any additional off-street parking despite
any change of use that might intensify the use of any building and normally require a
corresponding increase in the amount of off-street parking.
3. However as a consequence of this provision, any existing building in the HDOD
occupied for any currently allowed use as listed under subsection (2) providing any
additional off-street parking due to an increase in any intensity of use shall be
subjected to administrative review.
4. Nothing contained herein shall be construed to authorize or permit the physical
expansion or addition to any existing building in the HDOD over or in any area of
established and existing off-street parking prior to administrative review and
approval.
5. That the aforesaid provisions shall not be applicable to any of the following:
(a) When an existing building in the HDOD is demolished and subsequently replaced
by the construction of a new building on the property.
(b) When an existing building in this district is "effectively demolished" by the razing
of more than 51 percent of the square footage of the existing structure and the
subsequent reconstruction of that portion of the building previously demolished.
(c) When any additional area of occupancy and use is physically constructed and
added onto, or attached to, any existing building in this district.
(d) When a new building is constructed on a previously vacant lot or parcel of
property. If any of the foregoing instances occur, all off-street parking
requirements and provisions contained in the Code of Ordinances shall remain
applicable thereto.
Parking and density calculations.
(a) All parking allocations must be approved by the DRC.
(b) All development in the HDOD may be eligible receive a maximum of 35 percent
reduction from the parking standards listed in Section 22-153 "Off Street Parking and
Loading Standards" of the LDC pending administrative review and approval or
Planning, Zoning and Appeals Board and the City Commission review and approval.
Payment -in -Lieu of Parking Fund. A Payment -in -Lieu of Parking Fund shall be
established by the City to provide funding specifically for parking and related
improvements within the HDOD. Payment -in -Lieu of Parking Fees will be collected from
all applicants for development and uses within the HDOD that do not provide sufficient
on -site parking spaces or Shared Parking spaces to meet the minimum parking
requirements of the Code. The Payment -in -Lieu of Parking Fee option for compliance
with this subsection shall become effective upon adoption by the City Commission of a
Resolution which specifies the amount of the Payment -in -Lieu of Parking Fund Fee.
(a) Payment -in -Lieu of Parking Fund Fee Calculation. The amount of a payment to the
Payment -in -Lieu of Parking Fund shall be calculated per parking space which is
required but not provided via on -site parking spaces or Shared Parking spaces. The
amount per parking space shall be determined by the average cost to the City for the
construction of a parking space in a Parking Structure on a program wide basis within
the HDOD, which shall be determined by the Building Director in coordination with the
Planning & Community Development Director. The average cost shall include actual
costs and fees for land acquisition, design and planning, legal fees, engineering, actual
construction, and permit review and inspection.
(b) Payment in Full of Payment -in -Lieu of Parking Fee. For property owners opting to
pay in full, or applicants not eligible to provide payment through a Payment in Lieu of
Parking Agreement as provided in subsection (D), payment of the full amount of the in -
lieu fee shall be due prior to the issuance of a building permit for the development, or
prior to issuance of a certificate of use for the use for which the payment is required,
whichever occurs sooner.
(c) Payment in Lieu of Parking Agreement. In -Lieu of Parking Fee Agreements shall
only be made between the City and the owner(s) of the subject property. Applicants for
an in -lieu fee which is not paid in full prior to issuance of a building permit, must enter
into an In -Lieu of Parking Fee Agreement with the City prior to the issuance of a
building permit for the development, or prior to issuance of a certificate of use for the
use for which the payment is required, whichever occurs sooner. Such agreement shall
be approved by the planning and community development director and shall be
recorded at the property owner's expense in the Public Records of Broward County,
Florida. The In -Lieu of Parking Fee Agreement shall provide that the obligations
imposed by the agreement constitute a restrictive covenant upon the property, and shall
bind successors, heirs and assigns, and shall be released by the City upon payment in
full of the amount due under the agreement.
(d) Payment in Lieu of Parking Agreement Term. An In -Lieu of Parking Fee Agreement
executed by a property owner applicant in accordance with this subsection shall provide
that installment payments shall be made over no longer than a 36 month time period in
3 installments. The first installment shall be at least 50 percent of the total fee due, and
shall be paid upon signing the agreement, prior to the issuance of a building permit for
the development or a certificate of use, whichever occurs sooner. The second
installment shall be in the amount of at least 25 percent of the total fee amount due and
shall be paid no later than the second anniversary date of the execution of the
agreement. A third and final payment of 25 percent of the total fee may be authorized
by the agreement and shall be due no later than the third anniversary date of the
execution of the agreement. A property owner subject to an In -Lieu of Parking Fee
Agreement may make a redemption payment of the remainder of the amount due
pursuant to the agreement, at any time prior to the final required payment.
On -Site Parking.
(a) All parking lots, garages, and Parking Structures shall be located at the rear
of all buildings.
(b) Parking Areas shall be accessed from side and back streets and from
adjacent properties.
(c) Large Surface Parking Lots shall be visually and functionally segmented into
several smaller lots using structures and landscaping. Designs that reduce
visibility, especially between Parking Areas and business entrances, shall be
discouraged.
(d) Surface Parking Areas shall be obscured from Frontages by a building or
Street Screen.
(e) Existing Surface Parking Lots are intended to be reduced, over time, through
redevelopment and/or construction of structured parking facilities.
(f) Parking Areas shall not abut street intersections or terminate a street vista.
On -street parking shall not be closer than 25 feet to a street intersection,
measured from the extended right-of-way lines.
On -Street Parking (Parallel Parking).
(a) On -street parking will be allowed on Opa-locka Boulevard.
(b) On -street parking located adjacent to a building or lot shall not count toward
fulfilling the parking requirements for that building or function.
Off -Street Parking
a) Dwelling, multiple -family: One space per bedroom with maximum two spaces
per dwelling unit for residents. An additional five percent of the total
residents' spaces shall be provided for visitors.
b) Hotels and motels, including clubs: One parking space for each sleeping
room. If, in addition to sleeping rooms, there are other uses operated in
conjunction with and/or as part of the hotel/motel, additional off-street
parking spaces shall be provided for such other uses as would be required
by this section if such uses were separate from the hotel/motel to the extent
of 35 percent of the off-street parking specified in this article for retail stores,
offices, services, establishments, bars, restaurants, dining rooms, night
clubs, cabarets, ballrooms, banquet halls meeting rooms, auditoriums.
c) Commercial uses: See LDR Sec. 22-155.
d) Developments that provide Affordable/ Elderly Housing may be reduced as
stated below. In no event shall parking be reduced by more than thirty-five
(35%) percent of the spaces required.
e) A maximum 35% reduction in required parking may be permitted within the
HDOD pending administrative review.
Shared Parking.
la) The parking requirements for buildings containing more than one function
shall be the total of the amount of parking required for each function.
(b) Shared Parking Areas shall be located no further than one -quarter mile of the
building or function utilizing the Shared Parking capacity.
(c) Cross -access easements or similar mechanisms approved by the City
Attorney shall be used to provide joint access between Shared Parking Areas.
(d) In a Parking Structure or Garage, each above -ground level counts as a
single Story regardless of its relationship to habitable Stories.
(e) Parking Structures shall have Liner Buildings along primary frontages and
landscape buffer yards adjacent to residential properties.
(f) Vehicular entrances to parking lots, Parking Garages, and Parking Structures
shall be no wider than 24 feet at the Build -to Line.
(q) Pedestrian walkways shall be integrated, to the extent possible, into the
interior and/or perimeter landscaping of parking lots; constructed with brick
pavers, stamped concrete or a paved or similarly firm surface, at least six feet in
width; and separated from vehicular and Parking Areas by grade, Curbing
and/or vegetation, except for necessary ramps.
(h) Pedestrian exits from all parking lots, garages, and Parking Structures shall
be directly to a Build -to Line except underground levels which may be exited by
pedestrians directly into a building.
(i) Parking facilities and appurtenant driveways shall be designed to maximize
the safety and convenience of pedestrians walking between parked cars and
business entrances as well as between external points and locations on -site.
Loading and Service Areas.
(a) Loading docks, solid waste facilities, recycling facilities and other service
areas shall be located to the rear or side of a building in visually unobtrusive
locations.
(b) All trash and recycling service areas shall be enclosed so as not to be
visible.
(c) Loading docks and service areas shall be permitted on Frontages only by
Administrative Approval.
Amenities. A minimum of one bicycle rack place shall be provided within a
Pedestrian Zone for every ten vehicular parking spaces required by this Code
within the Mixed -Use High and Mixed -Use Low districts.
Street requirements.
a) Streets in the HDOD are intended to be inviting public spaces and integral
components of community design. HDOD streets shall be organized according
to a hierarchy based on function, size, capacity, and Design Speed. In
descending order of importance, the hierarchy shall consider pedestrians as the
most important, followed by cyclists, mass transit, and automobiles. All design
elements must consistently be applied to calm automobile traffic and to facilitate
pedestrian activity.
b) The hierarchy of streets for the HDOD should adhere to Tables 2A. Public
Frontages, 2B. Vehicular Thoroughfares, and 2C -2F. Thorouqhfare
Assemblies. The proposed hierarchy of streets shall be indicated on the
submitted site plan with each street type being separately detailed.
c) Specialty paving required for pedestrian areas and the HDOD entrance is
detailed in Tables 2C -2F. Thoroughfare Assemblies.
d) Streets may be comprised of segments. Each segment shall have the
characteristic of one street type.
e) The elements that comprise a street within the HDOD are listed below and are
depicted in detail in Tables 2C -2F. Thoroughfare Assemblies.
A. Pedestrian Zone:
1. Curb and Gutter.
2. Planting Area.
(a) Street Trees.
(b) Shrubs.
(c) Ground Cover.
3. Sidewalk.
(a) Optional Planting Area.
(b) Pedestrian Accessways, Paths or Passages.
4. Street Furniture.
5. Lighting.
B. Public Utility Equipment or Public Easement (required if determined to be
necessary by the Planning & Community Development Director).
C. On -Street Parking.
D. Bicycle Lanes.
E. Travel Lanes.
F. Landscaped Medians.
f) In the HDOD, Sidewalks in addition to street trees, planting areas and
furnishings occur within the Pedestrian Zone, which is comprised of the Build -to
Line and the right-of-way.
g) Sidewalks are required on both sides the street except for a street on the
undeveloped edge of a HDOD. Sidewalk requirements are listed in Tables 2C -
2F. Thoroughfare Assemblies.
h) The primary Facades of all buildings shall contain the primary pedestrian Entry
and face a public street.
1) The requirements for placement and types of street trees are specified in Table
4. Public Planting.
j) Street trees shall be planted on both sides of the street except for a street on the
undeveloped edge of the HDOD district.
k) Depending on the street type, the planting area may contain the required
landscaping, the required street trees, or a combination of both.
I) The required planting area width may be combined with the required Sidewalk to
expand the Sidewalk beyond the required width. In this scenario, the street trees
must be placed in tree prates.
m) Utilities shall be placed underground and should be located along Rights -of -Way
("ROWs").
n) Curbs and gutters shall conform to the City's Engineering design standards.
o) Parallel on -street Parking Areas (including area of adjacent paved gutter) shall
be at least 7 feet wide for Residential streets and at least 7 to 8 feet wide for
Primary and Secondary Streets, and at least 22 feet long for all streets.
p) Angled on -street parking may be provided as long as wheel stops, or Curbed
Sidewalks are provided.
q) On -street parking width shall include the adjacent paved gutter area. Curbed
bulb -outs containing streets trees and/or other plantings are encouraged to be
built at regular intervals and at all intersections within a dedicated on -street
Parking Area.
r) Where provided, Bicycle Lanes shall be at least four feet in width and shall be
placed between on -street Parking Areas and travel lanes, or between the Curb
and gutter and the travel lanes in the absence of on -street Parking Areas.
s) City approved bus shelters shall be provided by the property owners or the City
on all Primary Streets within the HDOD.
Cross reference— Minimum Parking Ratios, section 22-155; Off-street parking facilities;
paving and drainaqe; lighting; landscaping; and minimum number of off-street
parking spaces; off-street parking requirements for single-family residential and
multifamily zoning districts, section 22-161.
(0) Building height limit.
The maximum building height shall be no higher than 75 feet, no more than seven
stories and shall comply with Federal Aviation Administration Regulations, Part 77
and to ensure safety and livability.
(P) Building site area required.
Commercial or office use only, all floors:
The minimum building site area required shall be a lot or parcel of land 10,000
square feet in area.
Mixed use:
Mixed -use building site area will be determined by FAR as specified under
subsection (Q).
(Q) Floor area limitations.
All buildings within this category shall be limited to a floor area ratio (FAR) as listed:
Height of
Building
Floor Area Ratio
1 story
0.4
2 story
0.6
3 story
0.8
4 story
1
5 story
1.2
6 story
1.4
7 story
1.6
8 story
1.8
9 story or over
2
(R) Maximum Allowable Density and Square Footage Requirements.
Parcels located in the HDOD may be developed as follows:
1. Residential density shall not exceed one hundred and fifty (150) units per acre
2. Nonresidential developments shall be not less than a floor area ratio of 0.15
and shall not exceed a floor area ration of 3.0.
Commercial or office use only, all floors:
The minimum first floor area of a commercial building in this district shall be 1,500
square feet.
Mixed use:
In addition to the floor area required for the first floor of commercial or office use, the
minimum square footage requirement for the upper -floor residential dwellings
shall be as follows:
a) One bedroom — 550 sq ft. minimum
b) Two bedroom — 725 sq. ft. minimum
c) Studio Units — 450 sq. ft. minimum (Seniors Only) capped at 30 percent
Also, the following maximum percentage allocation of total residential area to ground
floor business area, per development, shall apply:
Residential: 67 percent (i.e., a 2:1 ratio between residential and business,
respectively.)
Front yard. Front yard required for a building designed for commercial or mixed use.
All buildings shall be built to the front property line except as follows:
1. A landscaped setback of 15 feet may be permitted for beautification purposes
only, at the option of the property owner.
2. Projections beyond the face of the building (such as upper floors that cantilever
beyond the footprint of the lower level) cannot extend beyond the front
property line.
Side yard required. No side yard is required for a building designed for either
commercial or mixed use, except where required for protective screening, as
required in subsection (M) below.
Projections beyond the face of the building (such as upper floors that cantilever
beyond the footprint of the lower level) cannot extend beyond the side
property lines.
Rear yard required for a building designed for commercial or mixed use. There shall
be a rear yard consisting of an area which is not less than 30 percent of the lot or
building site to be improved. To provide space for drains and other uses, except in
those cases where the lot or building site abuts upon a dedicated alley which has a
width of not less than 40 feet, in which case the rear yard may be 20 percent of the
lot or building site area.
(S) Protective screening.
Where any lot in this district adjoins a residential district, a five-foot strip of land
adjoining the boundary of the residential district shall be set aside and used for
planting or walls by the owner of the commercial or mixed -use lot at his expense, to
form an effective screen for the protection of the residential area. No structure,
except the screen or wall, or utilities or drainage facilities, shall be placed or
permitted in the area. No vehicular access shall be permitted over the area, except
for the installation or maintenance of screening, utilities, and drainage facilities.
(T) Open space and landscaping requirements.
(a) Notwithstanding any provision of this Code to the contrary, each site shall
provide a minimum of 12 percent of its net lot area as landscaped open space,
except where this requirement is modified per subsection (b) and/or subsection
(c).
(b) In -lieu of providing all or a portion of the landscaped open space required by
subsection (a), a property owner may choose to aggregate all or a portion of
required landscaped open space together on one site within the HDOD. To utilize
this option, said aggregated space must be readily accessible to the public, must
be a minimum of one -quarter acre, and must be approved through the site plan
review process. Additionally, where this option is utilized, in whole or in part, to
meet the required landscaped open space for residential uses in the HDOD, said
space may be counted toward any land dedication otherwise needed to meet the
requirements of parks concurrency. When this option is utilized, a covenant
running with the land encumbering all properties involved, and in a form
acceptable to the City Manager and the City Attorney, shall be recorded among
the public records. The burden shall be on the property owner and/or applicant to
demonstrate compliance with landscaped open space requirements, and to
produce any documentation as necessary. However, notwithstanding the
provisions of this subsection, sufficient landscaping shall be provided on -site to
appropriately complement building architecture and other functions on each site,
as determined through the site plan review process, and to meet other explicit
requirements of this Code.
(c) Where a building includes a habitable rooftop, including but not limited to a
recreation area or outdoor dining space, said habitable rooftop area shall be
counted toward the amount of land required for landscaped open space per
subsection (a).
id) Except as provided in subsection (e), each site shall provide the number of trees,
shrubs and other landscape materials as provided in article VII Landscaping and
Tree Preservation. However, placement of trees, shrubs and other landscape
materials shall be determined through the site plan review process, consistent
with the site plan review standards in Section 22-56.
(e) Where all required trees and shrubs cannot be provided on -site, the property
owner may choose a cash in -lieu payment to the city instead of providing that
portion of trees or shrubs that cannot be provided on -site, subject to approval by
the city commission. To utilize this provision, the property owner shall provide to
the city a good faith estimate, at the prevailing market rate as approved by the
City Manager, of the cost to purchase and install that portion of trees and shrubs
that cannot be provided on -site, which shall constitute the amount of the required
payment. The city may only use these funds in furtherance of projects identified in
the adopted Beautification Master Plan that are within the HDOD. If there are no
projects in the HDOD for which these funds may be utilized, the city shall not
accept the cash in -lieu, and the property owner/developer shall either modify the
proposed project to accommodate the required trees and shrubs or apply for a
variance. However, notwithstanding the provisions of this subsection, sufficient
landscaping shall be provided on -site to appropriately complement building
architecture and other functions on each site, as determined through the site plan
review process, and to meet other explicit requirements of this Code.
(f) If a plaza or courtyard is placed in the front or side street setback between any
street type and a building, as provided for in (Q)1, said plaza/courtyard shall
remain open to the public except in the case of emergencies or in the case of
special events, as approved by the city in accordance with Section 22-135. Said
plaza/courtyard may be counted as open space, including as aggregated open
space per subsection (b).
(U) Off hours security devices.
The use of shutters, awnings, gates, panels or sheets or any other device meant to
provide off hours premises security is prohibited. Notwithstanding the foregoing, the
provisions contained in sec. 22-118 of the LDR relating to storm protection, shall
remain applicable to all district properties. Exterior mounted security gates or solid
roll down metal windows shall not be permitted. Link or grill type security devices
shall be permitted only if installed from the inside, within the window or doorframe.
Other types of security devices fastened to the exterior walls are not permitted.
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