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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Repeal of Laws in Conflict All local laws and ordinances in conflict with any provisions of this Ordinance are hereby repealed to the extent of such conflict.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. 2 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: fsl i` A IL IL A. ' ? til1__ 'J t 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. 4 • • 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. 5 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. 6 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% 7 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 • OQp,A.ock4 Ofi A.U :,1 Ai Z(, =,92 OA f-9 R'O RAI � 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. 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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 , ...,, ' r 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. 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