HomeMy Public PortalAbout2022-12 - Storage of Boats and Watercraft Vessels1st Reading/Public Hearing: May 25, 2022
2"d Reading/Public Hearing: June 22, 2022
Adopted: June 22, 2022
Effective Date: June 22, 2022
Sponsored By: Mayor Williams
ORDINANCE NO. 2022-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, PERTAINING TO THE
STORAGE OF BOATS AND WATERCRAFT VESSELS;
AMENDING ARTICLE V, SECTION 22-114, OF THE CITY OF
OPA-LOCKA'S LAND DEVELOPMENT REGULATIONS,
PROVIDING FOR CERTAIN DEFINITIONS; REQUIRING
OWNERSHIP OR LEASE OF PARKED BOATS ON
RESIDENTIAL PROPERTY; PROHIBITING
ENCROACHMENT OF BOATS UPON ANY PORTION OF
THE FRONT YARD; PERMITTING ONLY MINOR AND
NOISELESS REPAIRS OF BOATS; PROHIBITING BOAT
TRAILERS USED FOR LIVING OR SLEEPING QUARTERS;
PROVIDING FOR A REGISTRATION PROCESS FOR BOATS
AND PERSONAL WATERCRAFT; AMENDING CHAPTER 7,
ARTICLE I, SECTION 7-6 OF THE CITY OF OPA-LOCKA'S
CODE OF ORDINANCES TO ADD NEW NUMBER 105
ESTABLISHING A $100 FEE FOR BOAT AND WATERCRAFT
VESSELS PERMIT REGISTRATON; AMENDING SECTION 2-
570.33 OF THE CITY OF OPA-LOCKA'S CODE OF
ORDINANCES TO ESTABLISH A CIVIL PENALTY FOR
NONCOMPLIANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CODIFICATION; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the current City of Opa-Locka Land Development Regulations,
Ordinance 15-31, address the general storage of a boat on a boat trailer, of a certain
length and width, on single-family residential zoned property, subject to the
conditions listed in Section 22-114; and
WHEREAS, the City Commission desires to provide additional standards for
the storage of boats and other watercraft vessels on single-family residential zoned
properties and provide definitions and a process for watercraft registration of vessels;
and
WHEREAS, the City Commission of the City of Opa-Locka desires to amend
Section 22-114 of the City of Opa-Locka's Land Development Regulations, pertaining
to Boats and Watercraft Storage.
Ordinance No. 2022-12
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Article V of the Land Development Regulations (pursuant to
Ordinance 15-31) is hereby amended to replace, Section 22-114, as set forth below, shall
have the meanings ascribed and shall be removed and replaced with the following
words, terms and phrases and shall read:
Sec. 22-114. Boat and Watercraft Storage and Registration for zoned
Single -Family Residential
1. Definitions
(1) The term "boat" means a "vessel" as defined by F.S. § 327.02(47), as amended,
including a boat trailer thereof, excluding a vessel less than 12 feet in length and
less than two feet in height.
(2) The term "screened" means significantly hidden from view from grade level by
a structure or other means including but not limited to buildings, fences, walls,
hedges, and other landscaping material, or any combination thereof.
(3)Single-Family Residential district. Any zoning use district bearing the prefix R-1.
(4)Trailer. A vehicular structure mounted on wheels designed to be pulled by
another vehicle.
(5)Utility trailer. A trailer designed to transport materials, goods or equipment.
This includes boat trailers.
(6) Personal Water Craft. Any motorized water craft for use by one or more
persons such as a jet ski.
(7) Watercraft. Any motorized watercraft for use by one or more persons such as
a 'et ski.
(8) Yacht. Any vessel which is propelled by sail or machinery in the water which exceeds
32 feet in length, and which weighs less than 300 gross tons. Yachts shall not be permitted
in single family residential zoning districts.
2
Ordinance No. 2022-12
2. Boats and Watercraft Storage
Boats and boat trailers when stored, parked or kept must be less than twenty-five (25.0)
feet in length and eight (8.0) feet in width and may be stored or temporarily parked in
the R-1 zoning district only, subject to the following conditions:
1. Only one (1) boat on boat trailer may be parked, stored or
kept, is permitted on a single family residential parcel,
providing the owner of the residential property, his spouse,
or a member of his household, actually has legal title to same
or a valid lease on same.
2. The place of storage shall be to the rear of the front building
line and does not encroach upon any portion of the front yard
commencing at the front building line. if adequate side or rear
setbacks arc available. Where the boat storage area is located
between the residence and a side street property line, the boat
shall be visually buffered by a six-foot wood privacy fence,
masonry wall, trees or shrubs maintained to a height of six
feet.
3. Boats and place of storage or temporary parking shall be kept
in a clean, neat and presentable condition.
4. At no time shall any Ne major repairs be made to said boat
and /or boat trailer except for so-called minor and noiseless
repairs and no of overhaul work shall be made or performed
on the premises.
5. The boats and/or boat trailer shall not be used at any time for
living or sleeping quarters while so parked, stored or kept.
and shall be placed on and secured to a transporting trailer.
6. For the purposes of loading and unloading equipment and
supplies shall be permitted, but under no circumstances shall
a boat be parked in the public right-of-way, including the
swale area of a right-of-way.
3
Ordinance No. 2022-12
7. For purposes of this section, the height of a boat shall be
measured from the ground to the highest point of the boat
including all extruding equipment.
8. For purposes of the section the following shall be exempt
from the term "boat":
(a) Non -motor -powered vessels;
(b) Non -motor -powered vessels used exclusively on private
lakes and ponds;
(c) Vessels owned by the United States Government; and
(d) Vessels used exclusively as a ship's lifeboat,
9. Upon the application of a resident, any requirement in this
subsection may be waived by a majority vote of the City
Commission. The application shall include a survey or site
plan showing the dimensions of the property and proposed
location of the boat, the type and location of the visual
buffering from the front and rear of the property as well as
the neighboring property, and evidence of title and
registration or in the event the boat has not been acquired a
description of the boat to be stored, including dimensions.
10. The City Commission may grant such a waiver upon a
showing by the applicant that the waiver maintains the basic
intent and purpose of the zoning and other land use
regulations, which is to protect the general welfare of the
public, particularly as it affects the stability and appearance
of the community. In the event that a waiver is granted, such
waiver shall not run with the land and shall not be
transferrable to any other boat.
3. Registration of boats and personal watercraft
(a) Application. This section shall apply to all property owners or occupants who
owned a boat or personal watercraft or lease to same, as of the passage of this Ordinance
and henceforth. Application shall meet the conditions of this section.
4
Ordinance No. 2022-12
(b) Boat Registration Period. A boat or personal watercraft shall be registered no
later than January 1, 2023 (the "Boat Registration Period").
(c) Conditions for approval of boat registration/application process.
(1) An applicant's storage of a boat or personal watercraft shall meet all of the
following conditions in order to be approved for a boat registration:
a. One boat or personal watercraft per property; repair, except as provided
herein, on the boat is not permitted;
b. Living or sleeping on the boat is prohibited;
c. Boat Maximum of 25 feet in length; Watercraft Maximum of 12 feet in length;
d. Boat Maximum of 96 inches in width; Watercraft Maximum 48.4" in width;
e.Boat Maximum 13 feet 6 inches in height; Watercraft Maximum 48.4" of
height;
f. Covered and completely screened from public view;
g. Stored or parked rear of the front building line and behind the side street
setback, and setback a minimum of two feet from the interior side property line and five
feet from the rear property line;
h. The specific location shall be in compliance with the fire and life safety and
building code provisions;
i. Maintain boat storage area in a clean presentable manner; and
j. Located in the R-1, R-2 zoning districts.
12) Immediately following the passage of this Ordinance, the City shall use best
efforts to engage in a public information campaign to educate residents on the
requirements of this Ordinance. The public information campaign shall take place until
December 31, 2022.
(3) The Boat Registration Period shall begin immediately following the passage
of this Ordinance and shall continue until January 1, 2023. Any person owning a boat
or personal watercraft or occupying real property within the City as of the passage of
this Ordinance, may apply to the Building and Licensing Department for a boat
registration approval on a form provided by the City. The applicant shall submit an
affidavit, in a form approved by the Building and Licensing Department, attesting to
5
Ordinance No. 2022-12
the permanent storage of the boat on the subject property on or before January 1, 2023.
In the event that the boat or personal watercraft owner and real property occupant is
not also the real property owner, the owner shall be required to join in the application.
The applicant shall provide proof of ownership and occupancy of the real property and
of the boat or watercraft (or a predecessor boat or watercraft) on, or prior to, January 1,
2023. Upon a determination by the Building and Licensing Department that the
ownership requirements, the criteria determined by the Building and Licensing
Department and all other applicable provisions of the City Code are met, the Building
and Licensing Department shall issue and log the registration for the specific boat or
personal watercraft.
(3) Any prior registration or variance denial shall not prohibit the owner of a boat
or personal watercraft from applying.
(4) Once the property is sold the boat registration shall be deemed expired and
no further boats or personal watercraft may be kept on the property unless the boat or
personal watercraft complies with the City Code.
(5) Once registered, all conditions and requirements of the City Code apply,
including all provisions of this Section.
(6) The applicant shall comply with Chapter 13, the City's Land Development
Code. If a code compliance warning for violation for failure to meet these requirements,
including those of this section is issued, the failure of the applicant to comply with the
warning within the timeframe set forth in the warning notice shall render any
registration issued under this section null and void.
(7) A registered boat or personal watercraft may be replaced with a boat or
personal watercraft of equal or smaller length provided that the new boat or
personal watercraft is registered with the City within 180 days of the date of purchase
of the replacement boat or personal watercraft.
(d) Fee. There shall be an annual administrative registration fee of $100.00 to
cover research, site inspection, and registration, which shall be payable at the time of
application for a boat or personal watercraft registration or replacement boat or
watercraft registration.
(e) Enforcement of the Code. Notwithstanding the provisions of this section, the
City may at all times continue enforcement of the City Code through any authorized
code compliance methods specified in the Land Development Regulations or any
provision of the City of Opa-Locka's Code of Ordinances or other authorized means,
including but not limited to, issuance of and prosecution of a notice of violation or the
issuance of a citation. This section shall not be construed or interpreted to serve as a
6
Ordinance No. 2022-12
defense against any enforcement action brought by the City based on noncompliance
with the current requirements of the City Code.
Section 3. Chapter 7, Article I, Section 7-6 of the City of Opa-Locka's Code of
Ordinances is hereby amended to add new number 105 to establish a fee of $100.00 and
shall read:
105. Boat and Watercraft Vessels Registration $100.00
Section 4. Section 2-570.33 of the City of Opa-Locka's Code of Ordinances is
hereby amended to establish a civil penalty for noncompliance for failure to register
boats and watercraft as set forth below:
Code
Section
Description of Violation
Civil
Penalty
3-1
Erecting, constructing, posting, etc., of a sign without a permit
$200.00
3-2
Failure to obtain required sign inspection approval
200.00
5-1
Cruelty and fighting:
Prohibited generally
Tormenting, torturing or inflicting cruelty on an animal, or human being
500.00
5-18
Keeping vicious and howling dogs
500.00
7-3
Permit prerequisite to doing work:
7
Ordinance No. 2022-12
Code
Section
Description of Violation
Civil
Penalty
Failure of homeowner to get permit
200.00
Failure of contractor to get permit
500.00
7-9
Duty to clean site:
Failure to remove debris, equipment, materials or sheds
200.00
9
Excavations and fillings:
Illegal excavation
500.00
10-5
Permit required for intentional burning:
Setting fire without permit
200.00
Failure to obtain required permit or violation of conditions of permit
200.00
11
Garbage and trash:
Only city or licensed collectors to collect and dispose.
11-5
Utilizing the waste collection services of an unauthorized waste collection agency by a
commercial establishment
500.00
11-7
Offensive or dangerous accumulations:
8
Ordinance No. 2022-12
Code
Section
Description of Violation
Civil
Penalty
Creating or maintaining fire hazard
200.00
11-10
Removal prohibited except from approved containers:
Uncontainerized refuse, rubbish, or solid waste
100.00
11-14
Curbside placement; emergency; improvement of collection procedure; conditions:
(b) Domestic garbage
Hanging waste container at curbside, right-of-way or street edge before or after
specific hours of normal collection;
100.00
per
day
(d) Garbage to be differentiated from garden trash and rubbish when placed in
receptacles or containers for collection purposes
Placement of commingled yard trash at the curbside or other designated trash collection
area, by residents for collection and disposal
50.00
Placement of commingled yard trash at the curbside or other designated trash collection
area by commercial multifamily residential establishments, for collection and disposal
100.00
13
Licenses and Business Regulations
13-2
Tax levied and license required:
Failure to obtain a City of Opa-locka occupational license
100.00
9
Ordinance No. 2022-12
Code
Section
Description of Violation
Civil
Penalty
14
Nuisances
14-1
Creation or maintenance of public nuisance prohibited; duties of owners and tenants:
Trash, debris, refuse, or garbage on premises
100.00
Excessive growth of weeds, grass, other flowers
100.00
Failure to exterminate insects, rodents, termites, vermin or other pest
100.00
Allowing public nuisance to exist
100.00
Causing a sanitary nuisance
500.00
Maintaining a sanitary nuisance
500.00
15
Noise:
Prohibited generally.
Excessive noise violation
100.00
15-
Adherence to red light traffic control signals:
137
First offense
125.00
10
Ordinance No. 2022-12
Code
Section
Description of Violation
Civil
Penalty
Second offense
250.00
Each additional offense
500.00
20
Trailers
20-2
Parking prohibited except in trailer park:
Illegal placement, storage, or use of mobile home or trailer outside of an approved
mobile home and non -registration of boats and watercraft.
500.00
Section 5. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision
and such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 6. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 7. This Ordinance shall be codified in the Code of Ordinances when the
code is recodified.
Section 8. 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.
11
Ordinance No. 2022-12
PASSED FIRST READING this 25th day of May, 2022.
PASSED SECOND READING this 22nd day of June, 2022.
Veronica Williams, Mayor
ATTEST:
Joai a Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
Burn tte Norris -Weeks, P.A.
City Attorney
Moved by: Commissioner Bass
Seconded by: Commissioner Davis
VOTE:
3-2
Commissioner Dominguez NO
Commissioner Bass YES
Commissioner Davis YES
Commissioner Taylor NO
Mayor Williams YES
City of Opa-locka
Agenda Cover Memo
Department
Director:
Gregory D. Gay
Department
Director
Signature:City
Manager: Darvin
Williams
CM Signature
/
_ �L --�'= ,
Commission
Meeting
Item Type:
Resolution
Ordinance
Other
Date:
May 25, 2022
(EnterX in box)
X
Fiscal
Impact:
Ordinance Reading.
1st Reading
2°d Reading
(EnterXin box)
Yes
No
(EnterXin box)
X
X
X
Public Hearing:
Yes
No
Yes
No
(EnterXin box)
X
X
Funding
Source:
(Enter Fund & Dept)
Advertising Requirement:
Yes
No
Account# :
Ex:
N/A
See Financial
Impact section
below
(EnterXin box)
X
ILA
Yes
No
RFP/RFQ/Bid#:
Required:
(EnterXin box)
X
Strategic
Yes
No
Strategic Plan Priority Area:
Strategic Plan Obj./Strategy:
Plan Related
(EnterXin box)
R
Enhance Organizational 0
Bus. & Economic Dev .
Public Safety MI
Quality of Education 0
Qual. of Life & City Image
Communcation 0
(list the specific objective/strategy this
item will address)
Sponsor
Name
Mayor Williams
Department:
City Commission
Mayor Williams
Short Title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,
AMENDING LAND DEVELOPMENT REGULATIONS ARTICLE V PER ORDINANCE 15-31,
SECTION 22-114 TO ADDRESS STORAGE OF BOATS AND WATERCRAFT / VESSELS AND
PROVIDING FOR A PERMIT/REGIS "RATION PROCESS IN THE CITY OF OPA-LOCKA
PROVIDING FOR DEFINITIONS, PERMIT REVIEW PROCESS, PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE.
Staff Summary:
The current Land Development Regulations, Ordinance 15-31, Section 22-114 Boat Storage, address the general
storage of a boat on a boat trailer of a certain length and width on single-family residential zoned property subject to
the conditions listed in Section 22-114. The City Commission desires to provide additional standards for the Storage
of boats and other watercraft vessels on single-family residential zoned property and to provide definitions and a
process for the registration watercraft vessels that comply with the conditions in this ordinance. The Planning and
Community Development Department has reviewed the amendment to address boat and watercraft storage in the City
of Opa-locka which will require an amendment of Ordinance 15-31, the Land Development Regulations, Article V,
Section 22-114, "Boat and Watercraft Storage".
Financial Impact
Account
Description
Available
Project
Remaining Balance
Proposed Action:
Planning & Zoning Department Staff has reviewed this Amendment and recommend approval.
Attachment:
DRAFT Ordinance
Ordinance 15-31, Article V, Section 22-114 Boat Storage
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SUNDAY JUNE 12 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, June 22, 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 ORDINANCSJPUBLIC HEARINGS;
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, PERTAINING TO THE STORAGE OF BOATS AND WATERCRAFT VESSELS;
AMENDING ARTICLE V, SECTION 22-114, OF THE CITY OF OPA-LOCKA'S LAND
DEVELOPMENT REGULATIONS, PROVIDING FOR CERTAIN DEFINITIONS;
REQUIRING OWNERSHIP OR LEASE OF PARKED BOATS ON RESIDENTIAL
PROPERTY; PROHIBITING ENCROACHMENT OF BOATS UPON ANY PORTION
OF THE FRONT YARD; PERMITTING ONLY MINOR AND NOISELESS REPAIRS
OF BOATS; PROHIBITING BOAT TRAILERS USED FOR LIVING OR SLEEPING
QUARTERS; PROVIDING FOR A REGISTRATION PROCESS FOR BOATS AND
PERSONAL WATERCRAFT; AMENDING CHAPTER 7, ARTICLE I, SECTION 7-6 OF
THE CITY OF OPA-LOCKA'S CODE OF ORDINANCES TO ADD NEW NUMBER 105
ESTABLISHING A $100 FEE FOR BOAT AND WATERCRAFT VESSELS PERMIT
REGISTRATON; AMENDING SECTION 2-570.33 OF THE CITY OF OPA-LOCKA'S
CODE OF ORDINANCES TO ESTABLISH A CIVIL PENALTY FOR NONCOMPLIANCE;
PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING
FOR AN EFFECTIVE DATE (first reading / public hearing held on May 25, 2022).
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,
FLORIDA, APPROVING THE REQUEST OF 3805 NW 132 STREET, LLC. TO
REZONE THE PROPERTY LOCATED AT 3805 NW 132ND STREET, IDENTIFIED
BY FOLIO 08-2129.010.0090, FOR THE CONSTRUCTION AND OPERATION
OF A CONSTRUCTION AND DEMOLITION WASTE PROCESSING FACILITY ON
THE PROPERTY, IN THE 1-3 ZONING DISTRICT; PROVIDING FOR SCRIVENER'S
ERRORS; PROVIDING FOR AN EFFECTIVE DATE (first reading / public hearing
held on May 25, 2022).
All interested persons are encouraged to participate and will be heard with respect
to the public hearings.
Additional information on the above items may be obtained by contacting the
Office of the City Clerk by telephone 305-953-2800 or email jfloresWopalockafl.gov
To participate or provide comments virtually, please register on the City of
Opa-locka website at www.00alockafl.gov no later than 7:00 p.m. on Wednesday,
June 22, 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-locka
ls` Reading: September 29, 2015
2°d Reading: October 28, 2015
Public Hearing: October 28, 2015
Adopted: October 28, 2015
Effective Date: October 28, 2015
Sponsored by: City Manager
ORDINANCE NO. 15-31
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO REPEAL THE CURRENT
LAND DEVELOPMENT REGULATION, THE ZONING GUIDE,
ORDINANCE 86-8 IN ITS ENTIRETY, REPLACING IT WITH
THE ADOPTION OF THE CITY'S PROPOSED LAND
DEVELOPMENT REGULATION (LDR)/ZONING CODE AND
THE PROPOSED ZONING MAP; PROVIDING FOR THE
REPEAL OF ALL OTHER CODE PROVISIONS AND
ORDINANCES INCONSISTENT WITH THIS ORDINANCE;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka Planning Council recommended approval of the
City's proposed 2015 Land Development Regulation (LDR)/Zoning Code Ordinance and the
proposed Zoning Map after conduct public hearings; and
WHEREAS, the revised LDR and Zoning Ordinance and Zoning Map has been the subject
to Town Meetings and workshops; and
WHEREAS, the City Commission, after public hearing, desires to approve the revised
Zoning Code and repeal any inconsistent provisions of the City Code.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. Attached as Exhibit "A" and incorporated by reference herein in its
entirety is the City of Opa-locka revised Land Development Regulations/Zoning Code and
Zoning Map, which the City Commission approves, adopts and directs to be codified into the City
Code and replace all inconsistent provisions of the Code.
Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed.
Ordinance No. 15-31
Section 4. If any section, subsection, sentence, clause, phrase or portion of this
Ordinance is for any reason held invalid or unconstitutional by any court of competent
jurisdiction, such portion shall be deemed a separate, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 28`'' day of October, 2015.
Attest to:
a Flores
Ci Clerk
Moved by:
Seconded by:
Commissioner Vote:
Commissioner Kelley:
Commissioner Pinder:
Commissioner Santiago:
Vice Mayor Holmes:
Mayor Taylor:
Approved as to form and legal sufficiency:
Vincent T. Brown
The Brown Law Group
City Attorney
Commissioner Kelley
Commissioner Santiago
4-0
YES
OUT OF ROOM
YES
YES
YES
2ND
05
Neighborhood News
NEIGHBORS
SUNDAY WOOER 42015
MIAWIfl0ID.COM
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any admission costs by
Wednesday to Christina
Mayo at christinam-
mayo@gmaiLcom Be sure
to list details about the fun
activities, interesting items
and yummy homemade
food for sale.
HELP FOR TRAILER PARK
RESIDENTS
El Portal will be hosting a
workshop for residents of
the Little Farm trailer park
at 3 p.m. at Village Hall,
500 NE 87 St., on Monday.
The purpose of the work-
shop is to bring relocation
resources and contacts to
the residents of the trailer
park For more information,
call 305-795-7880.
JURYING PROCESS FOR
GROVE ARTS FESTIVAL
The Coconut Grove Arts
festival will hold its jurying
process to select artists for
the 2016 festival on Oct. 14
and Oct 15 at the Festival
Offices at 3390 Mary St.
Suite 128.
Juryutg for two-dimen-
sional art will begin at 9:30
am. Oct 14, and haying for
three-dimensional art will
begin at 9:30 am., Oct. 15.
Applications for New &
Emerging Artist" will be
reviewed over both days.
For more information, visit
cgaLcom
MIAMI: FAMILY
HALLOWEEN BASH
Miami Children's Mu-
seum will host the "Not So
Scary Family Halloween
Bash" from 1 to 5 p.m. Oct.
18 at 980 MacArthur Cswy.
on Watson Wand. Tickets
are $40 for nonmembers or
$30 for members, and fam-
ily packages are also avail-
able.
The Halloween bash will
include pumpkins, a haunt-
ed house, a mad scientist
lab, face painting and trick -
or -treating. All proceeds will
benefit Miami Children's
Museum's educational
programs.
For information about the
event, call 305-373-5437 or
visit miamichildrens
museumorg.
HIALEAH:I6PERA VIVA,
VIVA 6PERA!
The Florida Grand Opera
and the City of Hialeah will
host "'Opera Viva, Viva
Opera!" — part of the Opera
in Hialeah series — at 7 p.m.
Oct 23 at the Wander
Center for Arts and Enter-
tainment, 4800 Palm Ave.
The concert will include
scenes from the Florida
Grand Opera's upcoming
productions performed by
members of the Florida
Grand Opera's Young Artist
Program Coral Gables:
'American Women Rebuild-
ing France'
The traveling exhibit
"American Women Re-
build ng France 1917-1924"
will run through Nov. 28.
The museum is located at
285 Aragon Ave.
The exhibit will feature
photographs that showcase
the work of Anne Morgan's
American Committee for
Devastated France, which
was a group of women who
worked toward providing
international relief to coun-
ter the devastation of World
War I in France.
For information, visit
coralgables museumorg.
SOUTH DADE: CONCERT
BY US. ARMY BAND
The South Miami -Dade
Cultural Arts Center will
host a free concert by the
internationally acclaimed
Concert Band & Soldiers'
Chorus of the U.S. Army
Field Band on Oct 29.
The Concert Band &
Soldiers' Chorus have per-
formed in all 50 states and
30 foreign countries and
frequently represent the
Army at various formal
events.
Though the event is free,
tickets are required and are
available at smdac.org. For
more information, call
786-573-5300.
YOGA SCHOOL OFFERS
FREE SESSIONS
AUM hOMe Shale, a yoga
school in Coconut Grove,
will hold free training for
yoga teachers, yoga ther-
apists and anyone interested
in working with those diag-
nosed with Parkinson's
disease and other neuromo-
tor degenerative diseases.
The series is being funded
by the National Parkinson
Foundation in hopes of
providing education for
yoga therapists while empo-
wering and improving the
quality of life for those with
Parkinson's disease.
For more information,
visit aumhomeshala.org,
CITY OF OPA-LOCKA, FLORIDA
NOTICE TO THE PUBLIC
NOTICE Is HEREBY GIVEN that ire City Commission of the Ctty of Opa-locks, Florida will how public hearings Y as Regular Commission Meeting on VAdnesdey, October 14, 2015 at 7:00 p.m. in the Auditorium at Shwhandy Village, 215 Prrndem Renck Obama (Perva) Avenue,
Opa-lacks, Florida to consider the following items:
SECOND READING ORDINANCE/PUBLIC HEARING:
AN ORDINANCE°ETRE CITY COMMISSION OFHIE CITYOF OPA-LOCKA,FLORIDA,TO REPEAL THE CURRENT LAND DEVELOPMENT REGULATION,TBEZONING GUIDE,ORDINANCENO. I4 -S IN ITS ENTIRETY,REPLACING
IT WI'I'IS THE ADOPTION OP THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION (CDR) /ZONING CODE AND THE PROPOSED ZONING MAP; PROVIDING FORTUNE REPEAL OF ALL OTHER CODE PROVISIONS AND
ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (Bret reeding held on September 28.3015).
RESOLUTIONSIPUBLIC HEARINGS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SUNSHINE RECYCLING SERVICES, FOR SITE PLAN APPROVAL OF A TRUCIONG OPERATION, WHICH INCLUDES
OFFICE, VEHICLE MAINTENANCE, VEHICLE PARKING AND EQUIPMENT STORAGE AS SHOWN IN THE SITE PLAN, AT 12910 NW 30T" AVENUE, OPA-LOCKA, FL 33054, ALSO IDENTIFIED BY POLIO NO. OS -2124-002-0100;
PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC, FOR SITE PLAN APPROVAL TO CONSTRUCT A 100 FEET STEALTH CELLULAR TOWER
INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN INTHE SPIT, PLAN, AT 490 ALI BABA AVENUE, OM-1OCKA, FLORIDA 33054, ALSO IDENTIFIED BY FOLIO NO. OS -2121-005-044R PROVIDING FOR INCORPORATION OF
RECITALS; PROVIDING FORAN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC, FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH
CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN, AT 490 ALI BABA AVENUE, OPA-LOCKA, FLORIDA 33054, ALSO IDENTIFIED BY FOLIO NO. 98-2121.005.0440; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE,
A RESOLUTION OF TILE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORDIATO CONSIDER THE REQUEST OF JOSEPHAND CINDY BARTON, FOR SITE PLAN APPROVAL OF AN EXISTING STRUCTURE'S PARKING LOT,
AND LANDSCAPE AT 14495 NW STAVE, OPA•LOCKA, FL 33054, ALSO IDENTIFIED BY FOLIO NO. 0S-2122-005-1120; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FORAN EFFECTIVE DATE.
A4divaW information an the above eons may be ohwodh the Ogee alb, Coy Clerk, 1DU Rehr®sOM. 4° Floor. opa.lxh, Fbnaa Ao interested pumas ue mcoo"ged In attend those meeunge and will be lased with ,mow to 0,, pdiic haling.
In auardance with 4m Anwiw,ewith Dl WORMS Am of 1990. perom needing special aaa roar adons n penidpere in the proceeding Mould cm4a0tAo Office of the City Clerk e(305) 953-210U for onem,ce on Isla thus Mon (1) days prim to the proceed', Wheeling unpaired, you may telephone the Florida Refry Snvice.,
(400)055-1711 (TIY), In01955-4710 (lima), (CM 955.41A(Srywh)n HTM554707 (Creole).
PURSUANT T015016.5111415w,.wto del,,, ,,appeal sy dert"n a mile by any hoard, agency, in caaantu0, with uopm mart, mono,eomldnedmand toeing or hearing will aged a record oofAtm:ea:Owm,and* that MIRK my nut a were ohms verbalist grad of* peourding.,v rwidr.,rgir, read
irofdvbe,rmwmnyadai4vice.' whIN drappml.ybe bawd.
JOANNA FI.ORES, CMC
CITY CLERIC
City of Opa-Locka
Agenda Cover Memo
rn
rn
,o
Commission
Meeting Date:
September 23, 2015
Item Type:
(Enter X in
box)
Resolution
Ordinance
Other
X
Fiscal Impact:
(Enter X in box)
Yes
No
Ordinance Reading:
(Enter X in box)
1"
Reading
2"d Reading
X
Public Hearing:
(Enter X in box)
Yes
No
Yes
No
X
X
Funding Source:
N/A
(Enter Fund & Dept)
N/A
Advertising Requirement:
(Enter X in box)
Yes
No
X
Contract/P.O.
Required:
(Enter X in box)
• Yes
No
RFP/RFQ/Bid #:
N/A
X
Strategic Plan
Related
(Enter X in box)
Strategic Plan
Enhance Organizational
Bus. & Economic
Public Safety
Quality of Education
Qual. of Life &
Communication
Priority Area:
Strategic Plan
ObjJStrategy:
Land Development
Regulation / Zoning Code
X
■■
Dev •
El
•
City Image
Sponsor Name
City Manager
Department:
Community Development
Shod Title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO REPEAL THE
CURRENT LAND DEVELOPMENT REGULATION, THE ZONING CODE, ORDINANCE 86-8 IN ITS ENTIRETY,
REPLACING IT WITH THE ADOPTION OF THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION (LDR)
/ ZONING CODE ORDINANCE AND THE PROPOSED ZONING MAP; PROVIDING FOR THE REPEAL OF ALL
OTHER CODE PROVISIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE;
1
Staff Summary:.
The City of Opa-locka is undergoing major changes city wide. Part of the effort in supporting those changes, the City
was awarded a Community Challenge Grant by the US Department of Housing and Urban Development (USHUD) in
order to amend and update the City's Current Comprehensive Development Master Plan, to Create and adopt a new
Comprehensive Development Master Plan and in the process of updating the City's Land development
Regulation/Zoning Code.
This updated new Zoning Code proposed to create and is not limited to the following:
• Amending the existing Mixed -use overlay district, analyze current zoning and existing land use inconsistencies
and provide for consistency.
• Review the current Zoning Map for deficiencies, Rezone Properties as appropriate, identify the City's strengths,
weakness, opportunity and threats city wide and provide for strategic zoning regulations and Legislations
implementation procedures.
• Provide for adequacy and variety means in Uses Percentage composition of sustainable development and
services City wide
• Provide for Legislations and Development standards that promote safety, great aesthetic, greenery, innovation,
Sustainabilit and Accommodate Development study Massing.
• Evaluate and provide for adequate density and intensity as appropriate City wide.
• Promote and create Spatial diversity and development composition interdependency
Make adequate provisions for Proposed Special Districts
Existing Districts: 1. R-1 (Single Family Residential) 2. R-2 (Two Family Duplex) 3. R-3 (Moderate Density
Multi -family) 4. R-4 (Medium density Multi -family) 5. R-TH (Residential Town House) 6. B-0 (Business Office
District) 7. B-1 (Commercial Neighborhood) 8. B-2 (Commercial Liberal) 9. B-3 (Commercial Intensive) 10.1-1
(Limited Industrial) 11.1-2 (Liberal Industrial) 12.1-2A (Liberal Industrial) 13.1-3 (Industrial Planned
Development).
• Proposed Additional Districts: Downtown District, Magnolia North District, Special District, Industrial Districts,
etc.
• Map series: 1. Future Land Use Map (FLU) 2. Zoning Map 3. Existing Land Use Map 4. Neighborhood Map 5.
Districts Map. Etc...
Local Community residents, Business Owners, Visitors, and Community Stake Holders participated in and provided
their input in this process of identifying the above mentioned and many other proposed criteria at the community
meetings that took place since this Zoning Code & Rezoning Initiative started.
Proposed Action:
- The Planning Council has recommended approval for the Opa-locka 2015 Land Development Regulations/
Zoning Code and Zoning Map initiative.
Attachments:
Opa-locka 2015 Land Development Regulations/ Zoning Code
Zoning Map
Planning Council Meeting July 23, 2015 meeting minutes
2
Memorandum
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence K. Pinder, Commissioner
Joseph L. Kelley, Commissioner
Luis B. Santiago, Commissioner
FROM: Roy Stephen Shiver Jr., City
DATE:
September 23, 2015
RE: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO REPEAL THE CURRENT
LAND DEVELOPMENT REGULATION, THE ZONING CODE,
ORDINANCE 86-8 IN ITS ENTIRETY, REPLACING IT WITH
THE ADOPTION OF THE CITY'S PROPOSED 2015 LAND
DEVELOPMENT REGULATION (LDR) / ZONING CODE
ORDINANCE AND THE PROPOSED ZONING MAP;
PROVIDING FOR THE REPEAL OF ALL OTHER CODE
PROVISIONS AND ORDINANCES INCONSISTENT WITH
THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE;
Request:
An ordinance of the City Commission of the City of Opa-locka, Florida, to repeal the
current Land Development Regulation, the Zoning Code, Ordinance 86-8 in its
entirety, replacing it with the adoption of the city's proposed 2015 Land
Development Regulation (LDR) / Zoning Code Ordinance and the proposed Zoning
Map; providing for the repeal of all other code provisions and ordinances
inconsistent with this ordinance; providing for severability; providing for inclusion
in the code; providing for an effective date;
Description:
The City of Opa-locka is undergoing major changes city wide. Part of the effort in supporting those
changes, the City was awarded a Community Challenge Grant by the US Department of Housing and
Urban Development (USHUD) in order to amend and update the City's Current Comprehensive
Development Master Plan, to Create and adopt a new Comprehensive Development Master Plan and in
the process of updating the City's Land development Regulation/Zoning Code.
1
This updated new Zoning Code proposed to create and is not limited to the following:
• Amending the existing Mixed -use overlay district, analyze current zoning and existing land use
inconsistencies and provide for consistency.
• Review the current Zoning Map for deficiencies, Rezone Properties as appropriate, identify the
City's strengths, weakness, opportunity and threats city wide and provide for strategic zoning
regulations and Legislations implementation procedures.
• Provide for adequacy and variety means in Uses Percentage composition of sustainable
development and services City wide
• Provide for Legislations and Development standards that promote safety, great aesthetic,
greenery, innovation, Sustainability and Accommodate Development study Massing.
• Evaluate and provide for adequate density and intensity as appropriate City wide.
• Promote and create Spatial diversity and development composition interdependency
• Make adequate provisions for Proposed Special Districts
• Existing Districts: 1. R-1 (Single Family Residential) 2. R-2 (Two Family Duplex) 3. R-3 (Moderate
Density Multi -family) 4. R-4 (Medium density Multi -family) 5. R-TH (Residential Town House) 6. B-
0 (Business Office District) 7. B-1 (Commercial Neighborhood) 8. B-2 (Commercial Liberal) 9. B-3
(Commercial Intensive) 10.1-1 (Limited Industrial) 11.1-2 (Liberal Industrial) 12.1-2A (Liberal
Industrial) 13.1-3 (Industrial Planned Development).
• Proposed Additional Districts: Downtown District, Magnolia North District, Special District, Industrial
Districts, etc.
Map series: 1. Future Land Use Map (FLU) 2. Zoning Map 3. Existing Land Use Map 4.
Neighborhood Map 5. Districts Map. Etc...
Local Community residents, Business Owners, Visitors, and Community Stake Holders took part in
participating and provided their input in this process of identifying the above mentioned and many other
proposed criteria at the community meetings that took place since this Zoning Code & Rezoning Initiative
started.
Financial Impact:
There are no immediate financial impacts associated with approval of this site plan.
Implementation Time Line:
Immediately
Legislative History:
The Repeal of Ordinance 86-8
Planning Council Recommendation:
Planning Council recommendation for approval passed by a 4-0 vote.
2
Staff Recommendation:
Staff has recommended approval
Attachment(s)
Opa-locka 2015 Land Development Regulations/ Zoning Code
Zoning Map
Planning Council meeting July 23, 2015 meeting minutes
Prepared By:
The Corradino Group
Gregory Gay, Director
Planning and Community Development Department
Josue Leger, City Planner
Gerald Lee, Zoning Official
3
MINUTES
PLANNING COUNCIL MEETING
THURSDAY, JULY 23, 2015
I ROLL CALL:
The Planning Council of the City of Opa-locka, Miami -Dade County, met in regular session on
Thursday, July 23, 2015 at 7:08 p.m. at Sherbondy Village,
215 Perviz Avenue. The following members of the Planning Council were present: Board
Member Germane Barnes, Board Member Elio Guerrero, Chairman Calvin Russell & Board
Member Rose Tydus.
Also in Attendance were Community Development Director, Gregory Gay, Zoning Official,
Gerald Lee, City Planner, Josue Leger, Secretary, Kinshannta Hall, and Deputy Attorney
Michael Pizzi.
II INVOCATION AND PLEDGE: Board Member Rose Tydus led the Prayer and the Pled e of
Allegiance was stated after the Prayer. g
III APPROVAL OF MINUTES: Discussion of Minutes from July 23, 2015 Meeting
Board Member Elio Guerrero asked if a motion could be made to have the minutes approved
from May 5, 2015 meeting. Board Member Germane Barnes made a motion to approve the
minutes from May 5, 2015 meeting and Board Member Rose Tydus second.
Page I 1
There being no discussion, the motion passed by a 4-0.
Germane Barnes Yes
Elio Guerrero Yes
Rose Tydus Yes
Calvin Russell - Yes
IV. PUBLIC HEARINGS:
1. SUNSHINE RECYCLING SERVICE
12980 NW 30TH AVENUE, OPA-LOCKA, FLORIDA 33054
REQUEST: SITE PLAN APPROVAL FOR AN EXISTING STRUCTURE AND
TRUCKING OPERATIONS WHICH INCLUDES OFFICE, VEHICLE
MAINTENANCE, VEHICLE PARKING AND EQUIPMENT STORAGE.
Chairman: Can we have the applicant to come forward to present their application of their plan.
Mr. Rubio: Hello My name is Rick Rubio and the name of our company is Sunshine Recycling
Service is the name of our company. Mr. Attorney you said it is "Sun Recycling Service".
Attorney: I'm sorry it's "Sunshine Recycling Service".
Mr. Rubio: The plans for the property to be able to move in and add trucks operations and the
offices. As you may notice, does the power point work?
Mr. Gay: Unfortunately the power point is not available.
Mr. Rubio: If I can, rendering is a part of the presentation. The green building that is there.
There is fencing around it. Our proposal is to put greenery behind the fencing and shade it so you
can see it from the street. As you can see on your right is the side where there is the entrance to
go in and out of the property. Are there any other questions on the property?
Chairman: You haven't told me anything about the property yet.
Mr. Gay: Describe the operation that you will have on the property.
Mr. Rubio: Sunshine Recycling Service is a trash and recycling hauling company. We do not
process material. Take it to the appropriate proposal site. We also use the property to maintain
the trucks. The offices are in the front of the property.
Page 12
Member Tydus: Is there a limitation of the number of trucks?
Mr. Rubio: We had parking for 17 trucks and six feet in between each truck.
Chairman: What do you mean when you say "Maintenance"?
Mr. Rubio: Preventive Maintenance which includes Tires, Brakes, things of that nature. We
don't do transmissions or anything like that. We don't do engine rebuilds. Our corporate office
is in Ft. Meyers.
Chairman: So it's like a garage for repair?
Mr. Rubio: It's only for our trucks.
Ms.Tydus: So this is the only building that's going to be there?
Mr. Rubio: Yes, The only building and structure that's going to be there. The lot size is 40,096
SF approximately 3,100 SF Bldg.
Member Tydus: So this building is the office building?
Mr. Rubio: Yes, we utilize the office for our employees inside.
Member Tydus: When you say maintenance is that under a covered area?
The back of the building has a 20 foot shop door so you're able to pull your trucks inside the
garage. In a big closed garage. In front of the garage are the offices along with the offices
upstairs.
Chairman: Before you go further give us your name.
Mr. Upthegrove: I'm sorry my name is Robert Upthegrove I'm the owner. It use to be a
construction business. The property has been vacant for years.
Member Tydus: My reason for asking, I went by there and I didn't see this area you are talking
about.
Mr. Upthegrove: If you recall driving the property looking over the east side of the property
with the trees in the back. It's kind of hard to see any trucks drive in that area.
Chairman: If there are not anymore questions, "Thank You" sir.
Mr. Gay: I know that we are having technical issues, but staff will still be presenting so you can
have a better understanding.
Page 13
Mr. Leger: The site is an existing site and the structure is existing. The request is primarily for
the use. The request is a site plan approval request for Sunshine Recycling Services to occupy
the existing structure and the property for the following: Sunshine Recycling Services company
trucking operation which will include offices, vehicle parking/equipment maintenance and
storage. The location is 12980 NW 30th Avenue Opa-locka, FL 33054 Folio: 08-2128-002-0100
Size is 40,096 SF(0.92 AC). The existing structure is approximately 3,100 SF Bldg. The zoning
is I-2 (Liberal Industrial). Site Elements: The existing bldg. (Blue) proposed employee/visitors
parking (Yellow) proposed truck parking (Orange) proposed equipment, empty garbage
cans/containers storage (Purple) Ingress & Egress (Red Arrows).
Mr. Leger: The arrows represent vehicular circulation within the property. Staff recommends
approval for this site plan approval request for Sunshine Recycling Services to occupy the
existing structure and the property for the following: Sunshine Recycling Services Company
trucking operation which will include offices, vehicle parking/equipment maintenance and
storage along with the following conditions and are not limited to. Conditions within the Staff
Report provide employment opportunities to the City of Opa-locka residents any condition
within the restrictive covenant section of the site plan any additional recommendations from the
Planning Council Board Members and any additional recommendations from the City
Commission. Any additional questions?
Chairman: The maintenance part of the garage part is it zoned properly?
Mr. Leger: Yes, they can obtain occupational licenses COU, for the maintenance aspect of the
business.
Chairman: Public Hearing Open, For or against. Okay Public Hearing is closed. If we don't
have any further questions we can move it up or down.
Member Guerrero: I would like to motion to approve the site plan approval for Sunshine
Recycling item number one.
Member Barnes: I second.
Upon Roll Call, Motion passed 4-0
Germane Barnes Yes
Elio Guerrero - Yes
Calvin Russell - Yes
Rose Tydus Yes
Page 14
2.) APPLICANT NAME:
CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT 135TH STREET BLDG B., OPA-
LOCKA, FL 33054.
REQUEST:
FOR THE PLANNING COUNCIL, TO RECOMMEND TO THE CITY COMMISSION TO
CONSIDER APPROVAL OF THE REPEAL, OF THE CURRENT LAND DEVELOPMENT
REGULATION/ZONING CODE ORDINANCE 86-8 IN ITS ENTITY REPLACING IT WITH
THE ADOPTION OF THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION
ZONING CODE ORDINANCE.
Chairman: With this item is there new information?
Mr. Gay: This is a second document that has been funded by US HUD apart of the Community
Challenge Grant from 2011. As late as last night, The Comprehensive Master Planned was
approved on second reading and adopted by the City Commission. This is the working
document. This is the LDR known as the Land Development Regulation, this is what the public
deals with on a daily basis. We have Mr. Bell who is with the Corradino Group and David Bell
Associates who have been involved with this process for about four years. Mr. Bell presentation
will be oral, he did provide a handout. You all have been provided with a copy of the LDR as
well. The great thing about this document, it is a living breathing document and its always
subject to modified. If you have any questions, please ask.
Mr. Bell: It's a pleasure to be before you tonight. The first part is the comprehensive plan sets
the broad policies for the city & sets the broad standards for development. We also did a concept
plan for the downtown area. The process we went by going through your existing land
development regulation which was old and outdated. It had a lot of gaps in between. We wanted
this document to be user friendly. We wanted you all to be able to find what you needed to find
in the document. We wanted it to be modern. So it's really being up to date. I'm going to go
through the document which consists of 300 pages or more. I'm just going to go through the
document and talk about the major parts of it. I will be happy to ask any questions. Chapter 1 the
general provisions it establishes the ground work for the regulations. We address non-
conforming uses, different ownerships, invested rights, etc. It's pretty standard. Chapter two is
your administrative provision it deals with the authority the various decision making. The third
chapter deals with the various things that you look at. Chapter four is the district and
development standards. This is a very important chapter that everyone is interested in. Chapter
five is the supplemental regulation exterior lighting, flea markets, home based businesses.
Page j 5
Chapter six deals with parking and voting requirements. Chapter seven deals with landscaping
requirements. Chapter eight deals with the green standards. Chapter nine deals with currency
making sure water and sewer in place. Chapter ten is the sign code. Chapter eleven will be the
definitions and various relations throughout the code. I will be glad to ask any questions if you
have any.
Chairman: Anyone have any questions?
Member Barnes: Under what category would the shipping containers would be in?
Mr. Bell: Sheds are an accessory use we would have to go the use table. As far as housing that
would be in residential district.
Member Guerrero: I know you spoke about non -conforming, is it grandfathered in?
Mr. Bell: It would have to be grandfathered in. As long as the use is existing and it doesn't
change it continues as is.
Member Guerrero: What is D -restriction?
Mr. Bell: The city is not held reliable for enforcing. The city is not responsible.
Member Tydus: In Chapter 3, what is "LDR"?
Mr. Bell: Land Development Regulation. It's a document itself.
Member Guerrero: Does re -zoning come after approval or before?
Mr. Gay: There are a few parcels that we are aware of. We are looking at particular parcels so
we can go forth. Please bare in mind; a lot of the language is being utilized, adding additional
information. There are some things being identified.
Chairman: Commercial, 1,2, & 3 right? Some things are allowed in I-3 are not allowed in I-2?
With us reviewing will this allow the adjustment?
Mr. Gay: In the pass that code was more of a segregated code. We will be having an I-4 as well
which will be your junk -yards. Whatever allowed in higher will apply in low as well unless there
is a stipulation.
Chairman: Make sure it is community friendly to our residents. Our residents are in the midst of
this. Example, pollution, junk yards, industrial, and gas pumps. We want to make sure we
include our citizen hope Community Development consider friendly. I just want to make sure we
are (Resident Friendly) please make sure.
Mr. Bell: We are requiring buffering in between. We do try to protect the integrity.
Page 6
Member Barnes: Clarify new/zoning LDR plan is it for the structure or the actual auto also
includes tons of cars as well?
Mr. Bell: There are regulations. Visual buffering is in place, keep activities from out in the
opening. It is considerate.
Member Barnes: If I'm already in compliance with the old code will I be fined? Or will I be
excluded? How does the enforcement work for the new LDR if they've already been there?
Mr. Gay: As far as operational opportunities, it's not supposed to be visible. I know for other
municipalities during open hours the cars are allowed in the opening/operation hours. Some
cities allow, but at the end of the business day the cars have to be stored.
Member Barnes: Thank you. I know sometimes I drive down the street, get tired of seeing that
tons of cars.
Chairman: So many businesses going on and apt buildings so much operations going on. Some
things we can't stop. I hope this new plan works for us. I hope this plan fix the problem. It's a lot
of information for us to digest compared to Mr. Gay and his staff who works hard to do the best
that they can.
Mr. Leger: As I'm sitting there I hear your concerns. One of the major differences the industrial
part it looks like nobody cares, but the code that is in front of you we addressed some aspects
within the industrial. Some of the discussion creating industrial beautification.
Chairman: If we want to change this city we really have to make this document fit what's
around our citizens. Any more questions?
Chairman: Public Hearing open anyone for or against?
Jerry Mann: We have two properties I just want to get a handle on the new zoning? What's
going on? What is the time line?
Chairman: Are you speaking for the project or against?
Jerry Mann: Would I need to speak with Mr. Lee?
Mr. Gay: The timeline is now. If the commission decides to have additional details will take
more time. We are looking at another 2-3 months before approved of final document.
Jerry Mann: The final document?
Mr. Gay: Yes, if you are looking at something property specific, please come by our office. We
can see if you are in compliance.
Page 1 7
Attorney: Mr. Chairman if I might. The city of Opa-locka has not placed a moratorium on
people submitting zoning. Regardless how long this takes the city has not put a hole on him
submitting his application.
Member Guerrero: One last question, the zoning map is it the same as it was? Not property
specific
Mr. Gay: It's pretty much going to be the same as before. It's just going to be a category
changes. Right not we have the numbering which is out of sequence.
Member Guerrero: Will there be any changes in the future? The reason being I've seen in
certain areas where industrial is next to residential.
Mr. Gay: In that matter, we will consider that a specific case.
Chairman: Public Hearing Closed. Any more questions?
Member Guerrero: I motion to approve the repeal of the current land development
regulation/zoning code ordinance 86-8 in its entity replacing it with the adoption of the city's
proposed land development regulation zoning code ordinance.
Member Barnes: I second.
Upon Roll Call, Motion passed 4-0
Germane Barnes Yes
Elio Guerrero Yes
Calvin Russell - Yes
Rose Tydus - Yes
Page 18
V OTHER BUSINESS:
STAFF UPDATE
VI ADJOURNMENT
Board Member Elio Guerrero motioned to adjourn and Member Barnes seconded the motion.
Meeting adjourned at 8:10pm.
Page 19
Submitted by:
Kinshannta Hall
Planning Council Clerk
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
Page 1 10
Sustainable Opa-Locka 20/30 Land Development Regulations
Article V.
Supplemental
Regulations
I. Prohibitions. The use of laser source light or any similar high intensity
light for point of sale or entertainment and the operation of searchlights
for advertising purposes are prohibited.
J. Exemptions. Outdoor lighting fixtures on, in or in connection with the
following facilities and land use types are exempt from the standards of
this section, but voluntary compliance with the intent and provisions is
encouraged.
1. Land owned or operated by the government of the United
States of America or the State of Florida, Miami -Dade
County or the City.
2. Lights used by police, firefighting, or medical personnel.
3. Residential and commercial seasonal decorations using
typical unshielded low -wattage incandescent lamps shall
be permitted from Thanksgiving thru January 15.
4. Flag Poles.
5. Underwater lighting used for the illumination of swimming
pools, fountains and other water features.
6. Lighting of radio, communication and navigation towers;
provided that the owner or occupant demonstrates that the
Federal Aviation Administration (FAA) regulations can only
be met through the use of lighting that does not comply
with this Chapter 22.
7. Publically owned sports field lighting.
Sec. 22-114. Boat Storage
Boats and boat trailers of less than twenty-five (25) feet in length and
eight (8.0) feet in width may be stored or temporarily parked in the R-1
zoning district only, subject to the following conditions:
A. Only one (1) boat per residential parcel is permitted.
V-6
Sustainable Opa-Locka 20/30 Land Development Regulations
Article V.
Supplemental
Regulations
B. The place of storage shall be to the rear of the front building line if
adequate side or rear setbacks are available. Where the boat storage
area is located between the residence and a side street property line, the
boat shall be visually buffered by a six-foot wood privacy fence, masonry
wall, trees or shrubs maintained to a height of six feet.
C. Boats and place of storage or temporary parking shall be kept in a clean,
neat and presentable condition.
D. No major repairs or overhaul work shall be made or performed on the
premises.
E. The boats shall not be used for living or sleeping quarters, and shall be
placed on and secured to a transporting trailer.
F. For the purposes of loading and unloading equipment and supplies shall
be permitted, but under no circumstances shall a boat be parked in the
public right-of-way, including the swale area of a right-of-way.
G. For purposes of this section, the height of a boat shall be measured from
the ground to the highest point of the boat including all extruding
equipment.
H. For purposes of the section the following shall be exempt from the term
"boat":
1. Non -motor -powered vessels;
2. Non -motor -powered vessels used exclusively on private
lakes and ponds;
3. Vessels owned by the United States Government; and
4. Vessels used exclusively as a ship's lifeboat,
V-7
Sustainable Opa-Locka 20/30 Land Development Regulations
Article V.
Supplemental
Regulations
I. Upon the application of a resident, any requirement in this subsection
may be waived by a majority vote of the City Commission. The
application shall include a survey or site plan showing the dimensions of
the property and proposed location of the boat, the type and location of
the visual buffering from the front and rear of the property as well as the
neighboring property, and evidence of title and registration or in the
event the boat has not been acquired a description of the boat to be
stored, including dimensions.
J. The City Commission may grant such a waiver upon a showing by the
applicant that the waiver maintains the basic intent and purpose of the
zoning and other land use regulations, which is to protect the general
welfare of the public, particularly as it affects the stability and
appearance of the community. In the event that a waiver is granted,
such waiver shall not run with the land and shall not be transferrable to
any other boat.
Sec. 22-115. Parking of Trucks
Within any residential district, no commercial trucks, earthmoving
equipment, construction trucks, landscaping trailer, trailers, wagons, or
recreation vehicles shall be parked [including overnight] within the front
yard, or on any public right-of-way. Within any non-residential district,
commercial trucks, trailers, wagons, or recreation vehicles shall be
parked [including overnight] out of sight to the extent possible from roads,
so as not to act like a sign.
Sec. 22-116. Recreational Vehicle Storage
The place of storage shall be to the rear of the front building line if
adequate side setbacks are available. Where the R.V. storage area is
located between the residence and a side street property line, the R.V.
shall be visually buffered by a six-foot wood privacy fence, masonry wall,
V-8