HomeMy Public PortalAbout10-16 Amendig the Land Development Regulation for a New Section 5.14 Entitled "Schools 1st Reading: May 26, 2010
2❑d Reading/Public Hearing: June 23, 2010
Adopted: June 23, 2010
Effective Date: June 23, 2010
Sponsored By: City Manager
ORDINANCE NO. 10-16
AN ORDINANCE OF THE CITY OF OPA-LOCKA,
FLORIDA AMENDING THE CITY'S LAND
DEVELOPMENT REGULATION CODE TO
PROVIDE FOR A NEW SECTION 5.14, ENTITLED
"SCHOOLS"; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY AND
CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") wishes to amend the City of Opa-
locka Land Development Regulation Code ("Code") to provide for schools as a Special
Exception upon approval of the City Commission as a designated use in certain zoning
districts; and
WHEREAS, after reviewing the Code, the City has determined that it is
appropriate to amend the Code in order to provide appropriate regulations to
accommodate schools within the City; and
WHEREAS, the City sees an immediate need and urgency to adopt regulations in
order to accommodate for the provision of same; and
WHEREAS, the City has determined that providing schools within the City will
further the goals of the City by establishing appropriate schools which will promote
health, safety and welfare of the residents of the City.
NOW, THEREFORE, be it ordained by the City Commission of the City of Opa-
locka, Florida, that:
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Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of the Code upon adoption
hereof.
Section 2. That the Code is hereby amended by adopting a new Section 5.14
entitled "Schools" to read as follows:
A. Purpose. The purpose of this Section is to provide for schools as a Special
Exception subject to the City Commission approval and site plan review as a
designated use in R-2, R-3, R-4, B-0, B-1, B-2 zoning districts. A school may be
allowed in zoning districts not listed above if it meets all site plan review standards
set forth in this ordinance and after public hearing and approval by the City
Commission. The City shall take precautions to insure that schools do not saturate
a particular area of the City.
B. Definition. School as used in this Section shall include: (1) kindergarten,
which shall provide childcare and preschool programs for children ages 4-6; (2)
private school, which shall mean any private institution providing instruction and
associated day care at any level from age 4 through high school level; and (3)
elementary and high schools shall be loosely interpreted to encompass any schools,
graded or ungraded, whose students are within the age ranges specifically found at
those level schools.
1. Special Exceptions as used in this section are subject to City
Commission approval and site plan review.
2. Special Exception as used in this section shall include schools,
accessory buildings and structures including but not limited to City
buildings or City Hall, playgrounds, libraries, and fire and police
stations.
C. General. The more stringent of the requirements of this Ordinance or the
Florida Building Code and other applicable building codes shall apply. Schools
shall be permitted upon approval of the City Commission and site plan review after
considering the recommendation of the Planning Council as a Special Exception as
a designated use in certain zoning districts. All requirements of this section shall
be considered by the City Commission in deciding whether to grant approval. An
annual license must be obtained from the City to continue operations. Any
applicable State and City approvals and procedures shall apply. Employee
background investigations may be required. The City may elect to perform the
background investigation and charge the applicant a fee for the background
investigation. Any applicant requesting a public hearing for site plan review and a
special exception as used in this section shall pay to the City of Opa-locka
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Community Development & Planning Department the sum specified in the City's
fee ordinance as cost for advertising, publishing, and mailing the notices required
by this ordinance. Accessory structures which are supportive of and compatible
with schools may be permitted after site plan review.
D. Existing Uses. Nothing contained in this Section shall be deemed or
construed to prohibit a continuation of the particular lawful use, or uses, of any
land, building, structure, or premises legally existing in the respective districts at
the time of the adoption of this Ordinance provided, however, that if any such
existing lawful use is changed to a different classification after the date of the
adoption of this Ordinance, such different use shall conform to the provisions of
the Code. If any legally existing use or occupancy of a building or premises
conflicts with any requirement of this Ordinance, or any of its amendments, such
building shall not be moved, structurally altered or added to except after public
hearing and City Commission approval. All future buildings, structures, repairs,
alterations or other improvements shall comply with all requirements contained
herein and such structural provisions of the building code and other regulations as
have been incorporated, including any building on which construction was
suspended at the time of adoption of this Ordinance and any building for which the
foundation was not completed at said time.
E. Property Development Regulations. The building height, landscaping and
setbacks shall be governed by the applicable zoning district regulations.
1. Minimum Lot Area: The minimum site area shall be no less than
twenty thousand (20,000) square feet.
2. Lot Coverage: The combined coverage of the main structure and all
other accessory structures shall not exceed forty percent (40%) of the total
site. At least twenty percent (20%) of the site shall be landscaped.
3. Off-Street Parking: kindergarten and elementary schools: Total
parking spaces shall equal the combined total of personnel and
transportation vehicles;junior high schools: Total parking spaces shall
equal one and one-quarter(11/4) times the combined total of personnel and
transportation vehicles; and high schools: one (1)parking space per two
hundred (200) square feet of classroom area, including laboratories,
libraries and administrative areas. The applicant shall submit information
substantiating the personnel and vehicle figures used for computing the
above parking requirements.
(i) Design of Parking Lots.
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(1) Parking spaces must be hard-surfaced, adequately
drained, and the square footage of each space must be in
accordance with Article 8 for parking regulation, with clear
access thereto and shall be located on the same property as
the main building.
(2) Parking lots shall be designed to assure safe
vehicular and pedestrian circulation.
(ii) Access and Circulation Plan Required. All proposed schools
are required to submit a site plan and shall provide an access
and circulation plan with the application for development
approval. The plan shall demonstrate that the following
standards for vehicular access and circulation are met by the
proposed development:
(1) All projects shall have one access to a public right-
of-way; if a lot has more than 300 spaces, two access points
shall be allowed.
(2) A nonresidential development on a corner lot may be
allowed two points of access, provided that neither point of
access is onto a principal arterial and that any access onto a
collector shall be minimum of 300 feet from the intersection
of the center lines of the rights-of-way.
4. Automobile Stacking: Stacking space, defined as that space in which
pickup and delivery of children can take place, may be provided in
the form of specified parking stalls and/or areas clear of vehicular
drive aisles. Stacking space shall be provided for a minimum of two
(2) automobiles for charter schools with twenty (20) to forty(40)
children; schools with forty-one (41) to sixty (60) children shall
provide four(4) spaces; thereafter there shall be provided a space
sufficient to stack five (5) automobiles.
5. Traffic: The vehicular traffic resulting from or in connection with
the use shall not be of such volume or normal routing as to add
materially to the traffic on streets that primarily serve residential
property.
6. Floor Area Ratio: There shall exist a maximum usable floor area of
.6.
7. Height: School buildings shall not exceed five (5) stories, or fifty
(50) feet in height. Build heights are also subject to approvals from
Miami-Dade County Aviation.
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5. Lighting:
(i) Parking lots for schools shall have a minimum
average maintained foot candle level of 1.0. Parking
lot lighting shall be designed to allow safe and secure
use of the facility.
(ii) Pedestrian lighting shall have a minimum average
maintained foot candle level of .6. Sidewalk lighting
must establish a safe and secure atmosphere and
differentiate between pedestrian areas and vehicular
parking use areas.
(iii) There shall be no glare resulting from lights in connection
with the use that is observable from outside the boundaries
of the district within which the use is conducted.
F. Other Development Regulations
1. Fencing and Screening: Outdoor play and athletic areas shall have
safe and adequate fencing or wall at a minimum of six (6) feet in height.
Fencing material may be constructed of masonry or metal fencing made of
non-corrosive metal. Fencing shall be designed in a way as not to create a
safety hazard to any child.
2. Landscaping: Landscaping shall be installed in accordance with
Article 7 of the Code.
3. Hazards: All water hazards such as pools, swimming pools, wading
pools, ditches, ponds or any other similar hazard to life and limb of a child
shall be adequately fenced to prevent unsupervised access by any child.
4. Maintenance of Play Areas: Outdoor play and athletic areas shall be
properly policed at all times and be clean and free of debris.
5. Accessory Uses: Accessory uses may be permitted in accordance
with the procedures and requirements outlined herein and after approval of
the Planning Council, the Zoning Board of Appeals, and the City
Commission as appropriate.
6. District Regulations: When the school or accessory use, is placed in any
zoning district, the more restrictive regulations of that district or this
regulation shall apply; however, in all instances, the more restrictive of this
Section and other applicable regulations shall apply.
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G. Additional Information. All school facilities shall submit the following
applicable information to the City in accordance with this Code for review and
consideration at a public hearing:
1. Written Information
(i) Total size of the site;
(ii) Maximum number of students to be served;
(iii) Maximum number of teachers and administrative and
clerical personnel;
(iv) Maximum number of classrooms and total square
footage of classroom space;
(v) Total square footage of non-classroom space;
(vi) Amount and location of exterior recreational/play area in
square footage;
(vii) Grades or age groups that will be served;
(viii) Days and hours of operation, weekly and annually;
(ix) An explanation of any such activities anticipated to be
conducted in association with the charter school but
typically conducted outside of the hours of operation of
the charter school;
(x) Means of compliance with requirements of the Fire
Department, Miami-Dade County Department of Public
Health, the Department of Health and Rehabilitative
Services, and any Federal or State regulations applicable
to the specific application.
2. Graphic Information. The following graphic information shall
be prepared by design professionals, such as registered
Florida architects and landscape architects:
(i) A plan indicating existing zoning on the site and
adjacent areas;
(ii) A site plan indicating the following:
(a) Location of all structures;
(b) Parking layout, automobile stacking area and
drives:
(c) Walkways;
(d) Location of recreation areas and play
equipment which shall include surrounding
fences and/or walls;
(e) Any other features which can appropriately be
shown in plan form;
(iii) Floor plans and elevations of all proposed structures;
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(iv) Landscape development plan listing quantities, size,
and names of all plants in accordance with Chapter 7
of this code.
H. Other. Schools and related facilities shall not be located closer than one
thousand (1,000) feet to any establishment which has, as one of its
principal purposes, the sale of liquor for consumption on or off the
premises. The same uses shall not be located closer than five hundred
(500) feet to any establishment which sells beer and/or wine for
consumption on or off the premises, except that this subsection shall not
apply to any one of the above-mentioned uses presently in existence and
operating legally or those businesses such as retail convenience food stores,
grocery stores, and restaurants whose principal business is not the sale of
alcoholic beverages but includes beer and wine as incidental to the primary
business operations.
I. Site plan and special exception approvals
The following requirements, procedures and standards shall apply to
any uses requiring site plan and /or special exception approval by
the city commission.
(1) Site plan. Every site plan presented to the city commission shall show
the complete layout of the proposed development of the site drawn to
scale and including the following:
(a) Locations of all buildings and the front, sides and rear elevations
thereof, including the location, size, type and design of all signs;
(b). Locations of all areas to be used for automobile parking and, in
B-1, B-2 and B-3 districts, for the loading and unloading of goods;
(c) Locations and widths of all driveways on and giving access to the
site.
(d) Locations and nature of all walls, fences and landscaping;
(e) Existing and proposed drainage of the site;
(f) Such other information as the city commission may require in
order to act on such site plan in accordance with the requirements of
this article.
(2) Items to be reviewed. The city commission shall review and require
all of the following when appropriate:
(a). Require adequate space for automobile parking and for the
loading and unloading of any goods;
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(b) Make requirements as to the location of such parking spaces and
driveways giving access thereto and of other vehicular access to the
site as will protect the public safety and serve the public convenience;
(c) Make requirements as will assure adequate drainage of the site,
subject to approval by the South Florida Water Management District
with respect to any land lying adjacent to any canals in the city;
(d). Make requirements with respect to the following matters:
(i). Building design and location, including setbacks;
(ii) The location, size, type, design and extent of display of
signs;
(iii) The location and nature of walls and fences;
(iv) Sidewalks and if appropriate, bike paths;
(v) The location, nature and provision for the maintenance of
landscaping; as will assure a harmonious relation between
the uses to which the site plan applies and existing and
prospective residential and other development in the
vicinity.
(e) Performance standards. The city commission shall apply the
following standards in acting on proposed new uses and changes
of use and such standards shall govern both the establishment of
any use and its continuing operation:
(i) No odor, dust, fumes, gas, smoke or other atmospheric
pollutant shall be disseminated beyond the boundaries of the
immediate site of the building in which the use is conducted in
B-l, B-2 and B-3 districts.
(ii). There shall be no noise or vibration resulting from or in
connection with the use that is perceptible from any part of any
district.
(iii). There shall be no glare resulting from lights in connection
with the use that is observable from outside the boundaries of
the district within which the use is conducted.
(iv). The vehicular traffic resulting from or in connection with
the use shall not be of such volume or normal routing as to add
materially to the traffic on streets that primarily serve residential
property.
(v). The use shall not be otherwise detrimental, objectionable
or annoying to nearby residential property.
J. Plan Review Standards
1. Scale. The scale of proposed charter school facilities shall be
compatible with the scale of surrounding proposed or existing_
uses and shall be made compatible by the use of buffering_
elements.
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2. Compatibility. The design of charter school facilities shall be
compatible with the design, kind and intensity of uses and
scale of the surrounding area.
3. Buffers. Buffering elements shall be utilized for visual
screening and substantial reduction of noise levels at all
property lines where necessary. Service Areas- Wherever
service areas are provided, they shall be screened and so
located as to be compatible with the adjacent properties.
Parking Areas- Parking areas shall be screened and so
located as to be compatible with the adjacent properties.
4. Circulation. Pedestrian and auto circulation shall be separated
insofar as is practicable, and all circulation systems shall
adequately serve the needs of the facility and be compatible
and functional with circulation systems outside the facility.
5. Noise. Effective measures shall be provided to keep noise
at acceptable levels.
8. Operating Time. The operational hours of a school facility
shall be compatible with the activities of other adjacent
properties.
9. Industrial and Commercial. Where schools are proposed in or
adjacent to, industrial or commercial areas it shall be clearly
demonstrated in graphic form and otherwise, how the impact
on the commercial or industrial area has been minimized
through site design techniques and/or operational
modifications.
Section 3. Upon adoption this ordinance shall be codified in the City of
Opa-locka city code.
Section 4. If any clause, section, or other part or application of this
Ordinance is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or in application, it shall not affect the validity of the remaining
portions or applications of this Ordinance.
Section 5. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 6. This Ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED this 23 day of June, 2010.
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/-------),
OSEPH' . K:LLE
MAYOR
Attest to:
DEBOR S. IRB
CITY CLERK
Approved as is form and leg. - fficiency:
lell. - I . . t .
IifJ•+! P S. GELLER, "QUI-E
ICITY ATTORNEY
Moved by: JOHNSON
Second by: TAYLOR
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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THE MIAMI HERALD I MiamiHerald.com SUNDAY,JUNE 13,2010 I 1SND
NEIGHBORS CALENDAR
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....:
• Listings are considered for publication free of charge on a NOTICE TO THE PUBLIC
space-available basis with preference given to nonprofit
organizations,benefits and free activities.Notices must CITY OF OPA-LOCKA,FLORIDA
Rbe received at least two weeks before your event or NOTICE IS HEREBY GIVEN that at the Regular Commission Meeting on Wednesday,June 23,2010 at 7:00 p.m.in the City Commission Chambers,777 Sharazad
registration deadline.Listings must contain a local or Boulevard,the City Commission will consider the following ordinance for final adoption:
NC e toll-free phone number for the public to contact and any
0 m • fees and it is helpful to put name and date of event on the SECOND READING ORDINANCES/PUBLIC HEARING:
_, G Y subject line.If your event is ongoing,it will remain online AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING THE CITY'S LAND DEVELOPMENT REGULATION
in our system for three months.If you wish to extend it,
a- - a you must send us a new press release with all the CODE TO PROVIDE FOR A NEW SECTION 5.14,ENTITLED"SCHOOLS";PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY AND
O CI t,r information.To submit notices: CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE(first reading held on May 26,2010).Sponsored by CM.
U- •Online:At MiamiHerald.com,click on Calendar of
0 Events,then follow the prompts to Add an Event or AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AUTHORIZING THE CRY MANAGER TO ENTER INTO AND
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m3 weekdays. (first reading held on June 9,2010).Sponsored by CM.
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