HomeMy Public PortalAbout12-06 Creation of the Transit Oriented Development Zoning District 1St Reading: March 14, 2012
2nd Reading: March 28, 2012
Public Hearing: March 28, 2012
Adopted: March 28, 2012
Effective Date: March 29, 2012
Sponsor: City Manager
ORDINANCE NO. 12-06
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE 4, UNIFIED
LAND DEVELOPMENT REGULATION CODE, PROVIDING FOR
THE CREATION OF THE TRANSIT ORIENTED
DEVELOPMENT ZONING DISTRICT; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR
CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY; PROVIDING FOR CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Section 163.3202, Florida Statutes, mandates the City of Opa-locka
compile Land Development Regulations consistent with its Comprehensive Plan into a single
Land Development Code; and
WHEREAS, pursuant to this statutes the City Commission of the City of Opa-locka
adopted the Unified Land Development Regulations Code(ULDR), Ordinance 86-8, as amended
from time to time; and
WHEREAS, the City Commission desires to further amend the ULDR, based upon
public participation and advice from the City of Opa-locka Community Development
Department and City of Opa-locka Planning Council; and
WHEREAS, the City Commission has determined that the proposed amendments further
a legitimate public purpose; and
1
WHEREAS, the City Commission has conducted public hearings to consider these
amendments to the ULDR in a manner consistent with the requirements set forth in Section
166.041, Florida Statutes.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA, as follows:
Section 1. Recitals
The recitals to the preamble herein are incorporated by reference
Section 2. Adoption
The amendment set forth in Exhibit"A" attached hereto and made a part hereof, is hereby
adopted.
Section 3. Interpretation of Captions
All headings of articles, sections, paragraphs, and sub-paragraphs used in this Ordinance
are intended for the convenience of usage only and have no effect on interpretation.
Section 4. Providing for Repeal of Laws in Conflict
All local laws and ordinances in conflict with any provisions of this Ordinance are hereby
repealed to the extent of such conflict.
Section 5. Severability
If any section, paragraph, sentence, clause, phrase, word, map, diagram, or any other item
contained in this Ordinance is for any reason held by the Court to be unconstitutional,
inoperative, void, or otherwise invalid, such holding shall not affect the remainder of this
Ordinance.
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Section 6. Inclusion in the Unified Land Development Regulation Code
The provisions of this Ordinance shall be codified in the Unified Land Development
Regulation Code and may be reorganized, renumbered, or re-lettered to effectuate the
codification of this Ordinance.
Section 7. Providing for an Effective Date
The ordinance shall become effective in the manner provided by law.
PASSED AND ADOPTED this 28' day of March,2012.
.1141-(1/, . TAYLOR.
AYOR
ATTEST: Approved as to form and legal sufficiency:
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IL IL A. ' ?
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J i : a Flores Jos;'e h ;.. #'-tier
In erim City Clerk Cij.(y Atto, ey
Moved by: VICE MAYOR JOHNSON I `'
Seconded by: COMMISSIONER MILLER
Commission Vote: 5-0 , .--
Commissioner Holmes: YES r "
Commissioner Miller: YES I,`; f(\Ct T I Ores , Deputy City Clerk of the
CS'y of Opa-Coda, Miami-Dade County, Florida do
Commissioner Tydus: YES c*ttMI tat this is true arid correct hereby
Vice-Mayor Johnson: YES Ot 6N y° C C I Ow ID--.LC-Ac)
Mayor Taylor: YES ss storm in the official records of the City tit Opa-Looka,
Miami-Dade County, Florida.
urtt my hand and seal this l� day of
:
4tory
• ty City r7--
3
EXHIBIT "A"
PART I. Unified Land Development Regulations Code (ULDR), Section 3.1. is amended as
follows:
3.1 ESTABLISHMENT OF DISTRICTS
SYMBOL DISTRICT
* * * * * * * *
TOD Ilmait.priptgcyclopment D str t
PART 2. ULDR, Article 6 is amended by adding the new Section 6.9A, Transit Oriented
Development District, as follows:
6.9A TOD-TRANSIT ORIENTED DEVELOPMENT DISTRICT
A. District Purpose
The TOD district provides the opportunity for an exemplary pedestrian-friendly
neighborhood with sustainable and environmentally responsive buildings and
infrastructure. The district's close proximity to public transportation in an area of the
downtown which is largely undeveloped will support a variety of moderate and high
density multifamily housing types for a broad range of incomes. The combination of
accessibility to public transit and housing will shape this district as an active mixed-use
neighborhood. Proposed developments should promote walkable streets by providing
ground floor active uses and open space through reduced parking capacities.
B. Development characteristics
I. Buildings and infrastructure should be sustainable and responsive to the
environment to support the district as a sustainable neighborhood.
2. Mixed-income housing and service-oriented retail are encouraged to support the
district as a sustainable neighborhood,
3. Retail uses may include small neighborhood retailers such as small service retail,
and destination retail such as specialty retailers and grocery stores.
4. Pedestrian pathways should be used to enhance connectivity to regional and local
transit hubs.
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•
•
C. Application
The TOD District shall only be applied to properties designated [Moderate and High
Density Residential], Public, Semi-Public, Industrial and Commercial in the Future Land
Use Map,that are within Opa-locka City Center(EXHIBIT ATTACHED) The boundary
of the district shall be shown on the Official Zoning map of the City of Opa-locka and all
parcels contained within the zone, which meet the eligibility section below, are able to
utilize the provisions set forth in this ordinance.
All land uses and development, including but not limited to buildings,driveways,parking
areas, streets, buffers, landscaping, and pedestrian / bicycle ways, shall be located and /
or provided in accordance with the provisions of the City of Opa-locka Land
Development Code and Miami-Dade County Subdivision, except as modified by this
chapter
D. Eligibility
Properties may use the Opa-locka Transit Oriented Development (TOD) Overlay
Ordinance if they meet the following criteria:
1. Can be served by public water and sewer
2. Identified in the applicability section
3. Have an R-1, 1-1, 1-3, B-2 and P zoning designation
E. Uses Permitted
1. At ground level:
a. Retail sales and services.
b. Restaurants.
c. Child care centers.
d. Home occupations.
e. Multiple dwellings (including townhomes), and uses accessory to
multiple dwellings, including:
(1) Community garages.
(2) Recreation facilities such as cabana units, sauna units, recreation
buildings, swimming pools, tennis courts, putting greens and
shuffleboard courts.
f. Parking lots and parking garages (commercial,public,and/or private);
g. Museums, libraries,parks,open space and recreational areas.
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h. Places of public assembly.
Live-work units.
J. Business, professional, and medical offices.
k. Laundry and dry cleaning pickup shops.
1. Temporary outdoor retail sales (e.g., farmers' markets, festivals) not to
exceed thirty(30)days per calendar year.
2. Above ground level:
a. Business,professional, and medical offices.
b. Home occupations.
c. Multiple dwellings, and uses accessory to multiple dwellings, including:
I. Community garages.
2. Recreation facilities,such as cabana units, sauna units,recreation
buildings,swimming pools,tennis courts,and basketball courts.
d. Parking garages (commercial, public,and/or private).
3. No permitted use shall be allowed a drive-through window or provide a drive-up
service.
4. At a minimum, ten (l0%)percent of the aggregate floor area used for retail sales
and services must be of a character that serves the daily needs of the TOD
residents and/or TOD employees. Such retail uses include but are not limited to
shoe repair shops, ice cream shops, restaurants, drycleaners, beauty salons,
barbershops, coffee shops, bakeries, nail salons, opticians, drug stores, tailors,
and news shops.
F. Maximum Allowable Density and Intensity
Residential density shall not exceed one hundred fifty (150) units per gross acre
for developments within the TOD area. .
2. Nonresidential intensity shall be not less than a floor area ratio of 0.15 and shall
not exceed a floor area ratio of 3.0. .
G. Site Development Standards
I. Building Heights: No building or structure, shall be erected or altered in the TOD
district to a height exceeding seven stories or seventy-five (75) feet, except to allow
for architectural features, parapet, elevator overrides, machine room, etc with the
approval of FAA.
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2. Minimum dwelling unit size:
a. One-bedroom 550 sq. feet minimum
b. Two-bedroom—725 sq. feet minimum
c. Studio Units_----410 sq feet minimum(Seniors Only)capped at 30 percent.
3. Off-Street Packing: Parking shall be provided pursuant to Article 8. entitled off-
street parking and loading regulations, ULDR, subject to the following
conditions:
a. Parking Requirements-Developments that provide Affordable Housing may
be reduced as stated below. In no event shall parking be reduced by more
than sixty-five(65%)percent of the spaces required.
i. A thirty-five percent (35%) reduction in required parking is permitted
within a TOD.
ii. Developments that provide Housing for the Elderly may be reduced and
may be allowed to provide a maximum of one parking space per every two
Dwelling Units provided as Elderly Housing, upon showing that the
reduction in off-street parking is justified in view of the nature and type of
prospective occupancy and the economic circumstances involved, and that
the impacts for such reduction are not likely to unduly burden traffic and
parking facilities in the neighborhood.
h. The Facade of a parking garage that is not concealed behind a Habitable
Liner shall he screened to conceal from view all internal elements in
accordance with Article 8 G. including,but not limited to,vehicles,plumbing
pipes, fans, ducts and all lighting. The size, location, and materials for such
screening elements shall be reviewed as part of the site plan review process.
Requesting parking stall area of 81/2 ft by 18 ft, instead of 10' x 20', for 90
degree angled parking; Access aisles shall be a minimum of 22 ft for 90
degree angled parking instead of 23 ft,
c. Parking Study required by a Traffic Engineer.
4. Lot Coverage: The maximum building footprint within the TOD District, per lot
area, shall be as follows:
Less than 50,000 s.f. 50,000 s.f.—80 000 s.f. Greater than 80,000 s.f.
90% 87% 85%
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5. Building Setbacks: Yard setbacks shalt be in compliance with the following
minimum requirements:
Minimum
Front 10 feet
Side Interior 0 feet
Rear 5 feet
6. Landscaping and Open Space: Landscaping shall be in compliance with
Article 8, ULDR.
7. Tree Protection: Trees must be adhered to in accordance with Ordinance 10-03
Entitled Tree Protection Program.
8. Site Plan Review required.
9. Developer's agreement required.
10. Open space shall be planted and maintained in accordance with the landscape
plan that is approved by the Planning Council and City Commission
11. Landscaping shall be provided as per Article 7, Landscape Provisions
•
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City of Opa-Locka
Agenda Cover Memo
Commission Meeting 3/14/2012 Item Type: Resolution Ordinance Other
Date: X
(EnterX in box)
Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading
(EnterX in box) Yes No (EnterX in box) X
X Public Hearing: Yes No Yes No
(EnterX in box) X X
Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No
N/A (EnterXin box) X
Contract/P.O.Required: Yes No RFP/RFQ/Bid#:
(Enter X in box) X N/A
Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (list the
(Enter X in box) X specific objective/strategy this item will address)
Enhance Organizational = Ordinance will be part of the Opa-
Bus.&Economic Dev I= locka CDC application for funding.
Public Safety 0
Quality of Education 0
Qual.of Life&City Image El
Communcation I=
Sponsor Name City Manager Department: City Manager's Office
Short Title:
An Ordinance of the City Commission to adopt the Transit Oriented Development ordinance
Staff Summary:
On March 6, 2012, the City's Planning Council met and reviewed the staff's recommendation to consider
the adoption of a transit oriented development ordinance. On March 8, 2012,the Commission met at a
special called meeting to discuss several items related to the Choice Neighborhood Initiative. At that
meeting, it was expressed by the City Commission the City Manager review all of the items presented by
Mr. Willie Logan with the Opa-locka Community Development Corportation and bring back specific
authority to have voted on by the Mayor and City Commission. The attached ordinance is necessary for
the Opa-locka Community Development Corporation and achieve City Goals as outlined in the City's
2011 Comprehensive Master Development Plan (CDMP). The CDMP recommends the attached
ordinance be adopted pursuant to specific goals and objectives contained in the 2011 CDMP.
Proposed Action:
Staff Recommends Approval of the attached Transit Oriented Development ordinance.
Attachment:
Proposed Transit Oriented Development Ordinance
THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,MARCH 18,2012 I 9ND
OPA-LOCKA
Artists hit city in search of ideas MOTORS
•BARRICADES,FROM SND The winners will be Street,Duval Street,and
working on six sites that in- 22nd Avenue. .;
had a luncheon and got to elude locations along 151st "I'm really looking for- fill (r rl s*, , :�'l -4 4
meet its residents.Addition- Street at Duval Street and ward to doing something to „o�~p,,, ,,,r,,,,n. ••• suzuu,
MON
ally,they visited several Grant Avenue, Johnson intervene and make a differ- i
schools including Rainbow Street and Lincoln Avenue, ence in this community,"Be-
Park and Nathan B.Young and James Street;and,along har said."Our art is meant to Sc 1 US-1&South 160-180 Street in Miami southmotors.com
elementary schools,and Ali Baba Avenue at 151st bring people together."
—
North Dade Middle.They
listened to what area resi- ""
dents had to say about Opa-
locka the hopes af gaining
f SUFFERING frclrn UTERINE FIBROIDS?
a better understanding of
the vision they have for the You may be eligible for a clinical research study
city.With these ideas in
mind,the finalists will now Benefits include:
get to work on their own • Board Certified Gynecologist
project proposals to convert • Bone density test at no cost
the barricades. • PAP test at no cost
"These finalists now have • Mammogram and Ultrasound ar no cost
about eight weeks to submit
their final ideas;"said CDC Compensation up to$1,125.00
President Willie Logan. For more information,call
With help from a
$250,000 Our Town grant 1-877-SE rii._88
from the National Endow- (1-877-734-2588)
ment for the Arts,work on moToRs
the barricades should begin SEGALTrials.com
by fall 2013.
"This is a very prestigious ----
grant and it's a significant
recognition of what we're u `-'1 r 7 . ;:+ Ru,u•, ��
trying to do down here,"said �� ".- ,1'
Logan. US-1&South 160-180 Street in Miami southmotors.com
--," CITY OF OPA-LOCKA, FLORIDA
`r Summer Camp NOTICE TO THE PUBLIC
a• I in the Florida Keys! NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold
i �H t EENS t2-t, public hearing at its Regular Commission Meeting on Wednesday,March 28,2012 at 7:00 p.m.at
the Opa-locka Municipal Complex,780 Fisherman Street,2n°Floor,Opa-locka,Florida to consider
2n°reading of the following ordinance:
SIt)lkCIIfI AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
y Marine Science Kayak 9 OPA-LOCKA, FLORIDA, AMENDING ARTICLE 4, UNIFIED LAND
DEVELOPMENT REGULATION CODE,PROVIDING FOR THE CREATION
Sailing Scuba Diving Windsurfing OF THE TRANSIT ORIENTED DEVELOPMENT ZONING DISTRICT;
q PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING
a ]� py[)I� nit It, ppytp 1t1CC FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY;
T urt'L WIUL Wf JBNU �tAJ PROVIDING FOR CODIFICATION; PROVIDING FOR AN EFFECTIVE
3' E 3i _,� DATE(first reading held on March 14,2012).Sponsored by C.M.
•
921 III 'I Additional information on the above item may be obtained in the Office of the City Clerk,780
Fisherman Street,4'"Floor,Opa-locka,Florida.All interested persons are encouraged to attend
3 1-811•SEACAMP .••
S Oti 13D0 Big Inc this meeting and will be heard with respect to the public hearing.
N
O 0 '',...-4.. ����Fl. PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,
,5 agency,or commission with respect to any matter considered at such meeting or hearing will al
3 SCAN ME WITH YOUR need a record of the proceedings,and for that reason,may need to ensure that a verbatim record
pMOBILE PHONE!! of the proceedings is made,which record includes the testimony and evidence upon which the
appeal may be based.
1^ JOANNA FLORES,CMC 0
C www.seacamp.org INTERIM CITY CLERK
3 AccrCOltcd bU tr,c American camp Association ,
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TRANSIT ORIENTED DEVELOPMENT
OVERLAY DISTRICT
Boundary Description
Begin at the South East corner of the intersection of Veteran's Way (Ali baba) and Sesame
Street, go East on Veteran's Way to the West-most side of the property identified by folio 08-
2121-004-1690 (141 Sharazad Boulevard) go North along the Western edge of this property and
go West along the property identified by folio 08-2121-004-1680 (498 Fisherman Street) to
Fisherman Street; At Fisherman Street go East to Sharazad Boulevard, then go North East along
Sharazad Boulevard to Bagdad Avenue, go North along Bagdad Avenue to Dunad Avenue; then
go East along Dunad Avenue to Barack Obama Avenue, (Perviz Avenue), then go South along
Barack Obama Avenue, (Perviz Avenue) to Sharazad Boulevard, then go East along Sharazad
Boulevard to Bahman Avenue, then go South along Bahman Avenue to Veteran's Way (Ali baba
Avenue); Then go West along the South-most edge of the properties that border the South-
side of Veteran's Way (Ali baba Avenue) and go West along this property edge to the West side
of the property identified by folio 08-2121-005-0450; This property incorporates the Tri-Rail
Station, the station parking lot and the vacant lot west of the station. This is the point of
beginning for the Transit Oriented Development District.
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