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HomeMy Public PortalAbout12-17 Moratorium on New Junkyards, Scrap Metal Facilities and Auto Salvage 1st Reading: JUNE 13, 2012 2"d Reading: JULY 25, 2012 Public Hearing: JULY 25, 2012 Adopted: JULY 25, 2012 Effective Date: JULY 26, 2012 Sponsored by: City Manager ORDINANCE NO. 12-17 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA TO IMPOSE A MORATORIUM ON NEW JUNKYARDS, SCRAP METAL FACILITIES AND AUTO SALVAGE BUSINESSES CITYWIDE FOR TWELVE (12) MONTHS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Opa-locka was awarded a community challenge grant in FY2011 from the United States Department of Housing and Urban Development to prepare a comprehensive re-write of the City's Comprehensive Plan, Land Development code, and to provide a housing and economic development strategy report; and WHEREAS, the City has been inundated with requests for rezoning property from the I-2 to I-2A zoning district, which district (I-2A) allows junkyards, scrap metal facilities and auto salvage businesses; and WHEREAS, zoning applications are to be presented to the City Commission within a certain time frame, after Planning Council review, and the City Clerk must notify the public and owners within 300-375 feet of the proposed zoning change regarding the application; and WHEREAS, the City Land Development Code needs to be updated to provide complete and comprehensive guidance to address applications and zoning issues; and WHEREAS, to protect the planning process and the health, safety and welfare of its citizens while undertaking the re-write of the City Comprehensive Plan and Land Development ORDINANCE NO. 12-17 Code, the City Commission desire to impose a moratorium on new junkyards, scrap metal facilities and auto salvage businesses citywide, for a period of twelve (12) months. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AS FOLLOWS: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The City Commission of the City of Opa-locka hereby adopts a moratorium on new junkyards, scrap metal facilities and auto salvage businesses citywide for twelve (12) months. The moratorium shall be in effect for a period of one (1) year from the date of this ordinance, or until such time as the City Commission determines the moratorium is no longer necessary. The moratorium shall not apply to the following applications, which are already pending. Location Folio No. Applicant Property Owner 2300 NW 150th Street 08-2122-025-0110 All Japanese Engines All Japanese Engines Holding Holding 3391 NW 128th Street 08-2128-008-0010 JDL Unlimited JDL Unlimited Investments, Inc. Investments, Inc. 12949 (A&B)Alexandria Dr. 08-2128-007-0040 Javier Pedre Javier Pedre 13000 Port Said Road 08-2128-007-0020 Veleza Truck Veleza Truck Enterprises, Inc. Enterprises, Inc. 12950 Alexandria Dr. 08-2128-007-0260 Zuma LLC Zuma LLC 12750 Alexandria Dr. 08-2128-007-0350 Katvid Enterprises, LLC Katvid Enterprises, LLC 08-2128-007-0351 Section 3. REPEALER. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 4. SEVERABILITY. If any portion, section, phrase or clause of this Ordinance is held invalid by a court of competent jurisdiction, such ruling shall not affect the validity of the remainder of this Ordinance. ORDINANCE NO. 12-17 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 25th day of JULY, 2012. / / YRA AYLOR MAYOR A test to A 0 (4-L0,0_, J i:nna Flores I erim City Clerk Approved as • fo r and legal s i• cy: gilA , Ir Jo'.el" `O Geller _ 1 y Att�rney Moved by: COMMISSIONER 'OLMES Seconded by: COMMISSIONER MILLER Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Miller: YES Commissioner Tydus: YES Vice-Mayor Johnson: YES Mayor Taylor: YES Q0�OQ y �Ck4'A. h or t A101 City of Opa-Locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: May 23, 2012 (Enter X in box) X — Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (Enter X in box) Yes No (Enter X in box) X Public Hearing: Yes No Yes No X (EnterXin box) X X Funding Source: (Enter Fund&Dept) Advertising Requirement: Yes No N/A N/A (Enter X in box) X Contract/RO.Required: Yes No RFP/RFQ/Bid #: (EnterXin box) N/A X Strategic Plan Related Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: (Enter X in box) N/A Enhance Organizational p Bus.&Economic Dev ni X Public Safety 0 Quality of Education 0 Qual.of Life&City Image E Communcation 0 Sponsor Name City Manager Department: Community Development Short Title: An emergency ordinance of the City Commission to impose a moratorium on junkyards, scrap metal facilities, and auto salvage businesses citywide for period of twelve (12) months. Staff Summary: The City of Opa-locka was awarded a community challenge grant in FY 2011 from the United States Department of Housing and Urban Development to prepare a comprehensive re-write of the city's comprehensive plan, land development code, and provide a housing and economic development strategy report. These regulations are in desperate need of updating. They contain various conflicts, vague definitions, etc., which create confusion within city departments. Moratorium on junkyards, scrap metal facilities 1 • It is critical that a city-wide moratorium be imposed to ensure these long-range plan updates do not conflict with our existing practice, e.g., allowing junkyards, scrap metal facilities, and auto salvage businesses in certain parts of the city— specifically south of 135th Street east of Cairo Lane. The staff has been inundated with requests for rezoning property from the 1-2 to the I-2A zoning district. The 1-2 A zoning district allows junkyards, scrap metal facilities, and auto salvage businesses. This particular zoning district (I-2A) is located off Cairo Lane south of 135th Street. Currently, there is no guidance or ordinance that provides clear definitions regarding scrap metal facilies, junk yards, and auto salvage businesses. The City's Land Development Code needs to be updated to provide complete and comprehensive guidance addressing these kind of uses citywide. Additionally, the city's current land development code requires that applications be presented to the City Commission within 20 days after the Planning Council's review. Pursuant to State law, the city clerk's office must notify the public regarding zoning applications. The City Clerk's office must also provide written notice to property owners within 300-375 feet of the proposed area. This usually takes approximately 45-60 days after the Planning Council meeting. In addition, there are meetings where the City Commission cannot review zoning applications due to agenda length and priorities. In short, the current land development code needs to be updated taking the above issues into consideration. These issues also need to be addressed in the moratorium as well. The following applications have already been submitted to the City and will not be affected by the moratorium: No. Location Folio No. Applicant Property Owner 1 2300 NW 150th Street 08-2122-025-0110 All Japanese All Japanese Engines Engines Holding 2 3391 NW 128th Street 08-2128-008-0010 JDL Unlimited JDL Unlimited Investments, Inc. Investments, Inc. 3 12949 (A&B) Alexandria Drive 08-2128-007-0040 Javier Pedre Javier Pedre 4 13000 Port Said Road 08-2128-007-0020 Veleza Truck Veleza Truck Enterprises, Inc. Enterprises, Inc. 5 12950 Alexandria Drive 08-2128-007-0260 Zuma LLC Zuma LLC 6 12750 Alexandria Drive 08-2128-007-0350 Katvid Enterprises, Katvid Enterprises, 08-2128-007-0351 LLC LLC In addition, this moratorium would not apply to existing businesses legally established or legally non- conforming businesses within the city. Proposed Action: Staff recommends the City Commission authorize a moratorium in order to ensure there are adequate regulations in place to address junk yards, scrap metal facilities, and auto salvage businesses. Attachment: Ordinance 01-10 Secs. 4.13 (B) and (D),Sec. 6.11, and Sec. 6.11A, of the City's Land Development Code Moratorium on junkyards, scrap metal facilities 2 t 00'4 44 OO�pOkaT/ Memorandum TO: Myra L. Taylor, Mayor Dorothy Johnson, Vice Mayor Timothy Holmes, Commissioner Rose Tydus, Commissioner Gail Miller, Commissioner FROM: Bryan Finnie, City Manager DATE: May 3, 2012 RE: Request for an emergency ordinance of the City Commission to impose a moratorium on junkyards, scrap metal facilities, and auto salvage businesses citywide for period of twelve (12) months. Request: An ordinance of the City Commission to impose an emergency moratorium on junkyards, scrap metal facilities, and auto salvage businesses city wide for a period of twelve months. Description: The City of Opa-locka was awarded a community challenge grant in FY 2011 from the United States Department of Housing and Urban Development to prepare a comprehensive re-write of the city's comprehensive plan, land development code, and provide a housing and economic development strategy report. These regulations are in desperate need of updating. They contain various conflicts, vague definitions, etc., which create confusion within city departments. It is critical that a city-wide moratorium be imposed to ensure these long-range plan updates do not conflict with our existing practice, e.g., allowing junkyards, scrap metal facilities, and auto salvage businesses in certain parts of the city—specifically south of 135th Street east of Cairo Lane. The staff has been inundated with requests for rezoning property from the 1-2 to the 1-2A zoning district. The 1-2 A zoning district allows junkyards, scrap metal facilities, and Moratorium on junkyards, scrap metal facilities 1 auto salvage businesses. This particular zoning district (I-2A) is located off Cairo Lane south of 135th Street. Currently, there is no guidance or ordinance that provides clear definitions regarding scrap metal faculties, junk yards, and auto salvage businesses. The City's Land Development Code needs to be updated to provide complete and comprehensive guidance addressing these kind of uses citywide. Additionally, the city's current land development code requires that applications be presented to the City Commission within 20 days after the Planning Council's review. Pursuant to State law, the city clerk's office must notify the public regarding zoning applications. The City Clerk's office must also provide written notice to property owners within 300-375 feet of the proposed area. This usually takes approximately 45-60 days after the Planning Council meeting. In addition, there are meetings where the City Commission cannot review zoning applications due to agenda length and priorities. In short, the current land development code needs to be updated taking the above issues into consideration. These issues also need to be addressed in the moratorium as well. The following applications have already been submitted to the City and will not be affected by the moratorium: No. Location Folio No. Applicant Property Owner 1 2300 NW 150th Street 08-2122-025- All Japanese All Japanese 0110 Engines Engines Holding 08-2128-008- JDL Unlimited JDL Unlimited 2 3391 NW 128th Street 0010 Investments, Inc. Investments, Inc. 3 12949 (A&B) 08-2128-007- Javier Pedre Javier Pedre Alexandria Drive 0040 4 13000 Port Said Road 08-2128-007- Veleza Truck Veleza Truck 0020 Enterprises, Inc. Enterprises, Inc. _ 5 12950 Alexandria Drive 08-2128-007- Zuma LLC Zuma LLC 0260 08-2128-007- Katvid Katvid 6 12750 Alexandria Drive 0350 08-2128- Enterprises, LLC Enterprises, LLC 007-0351 Financial Impact: There are no perceived costs to the city for the approval of this ordinance. This approval does however support the improvement of the future I-2A operations and will improve this industrial business type in the City of Opa-locka. Implementation Time Line: Immediately • Moratorium on junkyards, scrap metal facilities 2 Legislative History: Ordinance No 01-10 Staff Recommendation: Staff recommends approval of this item and supports the conditions set forth in City Ordinance No. 01-10. Attachment(s) Ordinance No. 01-10 Land Development Code Secs. 4.13 (B) and (D), Land Development Code Sec. 6.11, and Land Development Code Sec. 6.11A, Prepared By: Howard W. Brown, Jr., Community Development Director Gerald Lee, City Planner Moratorium on junkyards, scrap metal facilities 3 First Reading: JUNE 27 , 2001 Second Reading: JULY 11 , 2001 Public Hearing: JUNE 27 , 2001 - JULY 11 , 2001 Effective Date: JULY 31 , 2001 Ordinance No. 01-10 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA AMENDING SECTIONS 2.2, 4.13(C), 4.13(D), AND 6.11 OF THE ZONING ORDINANCE OF THE CITY OF OPA-LOCKA, FLORIDA, ORDINANCE NO. 86-8, BY AMENDING THE DEFINITION OF CONDITIONAL USE IN SECTION 2.2; BY CLARIFYING PLANNING COUNCIL RECOMMENDATIONS PERTAINING TO SPECIAL EXCEPTIONS AND CONDITIONAL USES IN SECTION 4.13(C); BY CLARIFYING PROCEDURE BY THE CITY COMMISSION CONCERNING CONDITIONAL USES IN SECTION 4.13(D); BY PERMITTING THE STORAGE OF AUTOMOBILES OR AUTOMOBILE PARTS, AUTOMOTIVE WRECKING YARDS, AUTO AND PAINT SHOPS AND SCRAP METAL FACILITIES JUNKYARDS AND SIMILAR USES AS CONDITIONAL USES IN THE AREA BOUNDED ON THE NORTH BY NW 135TH STREET, ON THE EAST BY NW 32' AVENUE, EXTENDING TO NW 129TH STREET AND WEST TO PORT SAID ROAD, ON THE SOUTH BY THE OPA-LOCKA CANAL AND ON THE WEST BY CAIRO LANE; BY DELETING "SALVAGE STORE AND YARD"FROM THE LIST OF PROHIBITED USES IN SECTION 6.11; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR A REPEALER AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, within the City of Opa-locka South of 135th Street and West of 32"d Avenue there exists a significant number of industrial auto salvage businesses clustered in this district which have historically been and are the prevailing land use there; and WHEREAS, the City's Zoning Ordinance currently permits auto salvage and related activity only in zoning classified as "I-2A"; and WHEREAS, only a portion of the aforementioned geographic area is zoned "I-2A", causing the City to receive frequent requests by individual land owners to re-zone their property from "I-2" to "I-2A"; and Ordinance No. 01-10 Page-2- WHEREAS, such a piecemeal approach to dealing with this situation contravenes established planning principles, burdens the City and its residents, and is onerous to the property owners and business operators in this area; and WHEREAS, the City wishes to design a fair, uniform and efficient system for addressing these requests and at the same time have an opportunity to ensure that each auto salvage business operating in this district does so in a way that maintains the area in a safe and orderly condition as possible; and WHEREAS, the City has determined that the best way to achieve this is by amending the City Zoning Ordinance to allow auto salvage businesses as a"conditional use" in "I-2" classifications within the aforementioned area, subject to a public hearing and amending the Zoning Ordinance to clarify the procedure by the Planning Council pertaining to conditional uses and clarifying the City Commission procedures concerning acts of the Planning Council. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1: That the City of Opa-locka Zoning Ordinance, is hereby amended in the following particulars:1 Article 2 Construction of Language and Definitions 2.2 Terms Defined * * * * * * * * CONDITIONAL USE: A use that would not generally be appropriate generally, with or without restrictions, throughout a particular zoning district,but would, if controlled as to number, area, location or relation to neighborhood,be appropriate. A conditional use may require a site plan review procedure. A conditional use shall become void if the property changes owners. Planning • Council review is required. An application must be submitted and a conditional review is required only if the P-lartrting Council votes to diseontinue the use after • 'Words stricken through are deleted. Words underlined in the body indicate new language. Ordinance No. 01-10 Page-3- initial approval by the Commission. Article 4 Administration and Procedures * * * * * * * 4.13 THE PLANNING COUNCIL (a/k/a Planning Board) * * * * * * * C. Special Exceptions and Conditional Uses; conditions governing application; procedure for Planning Council making recommendations to the City Commission. 1. The Planning Council may recommend to the City Commission only such special exceptions or conditional uses, as defined herein, as are specifically authorized by the terms of the Zoning Ordinance; decide such questions as are involved in determining whether special exceptions or conditional uses should be recommended; and recommend special exceptions or conditional uses in conformity with such Zoning Ordinance; or recommend denyial of special exceptions or conditional uses when not in harmony with purpose, intent, and requirements of Zoning Ordinance. 3. A special cxccption or conditional use is dcfincd in "Construction of Language and Definitions"of this Ordinance. 4. A special exception or conditional use shall not be granted recommended for approval by the Planning Council unless and until: * * * * * * * D. Procedure on Matters to be Considered by City Commission from Acts of Planning Council 1. All Planning Council decisions and actions are subject to review by the City Commission. All actions, resolutions, findings of fact, and recommendations of the Planning Council requiring actions by the City Commission, including appeals, rezonings, variances, conditional use approvals, considerations of capital programs and Ordinance No. 01-10 Page-4- recommendations, approval of land purchase sale, and all other matters required by the Charter and Ordinances of the City of Opa- locka to be considered by the Planning Council shall be submitted to the City Commission in accordance with the following procedure: b. All recommendations and findings of fact by the Planning Council recommending a change in zoning or a modification thereof or conditional use approval, shall be placed on the agenda of the next regular City Commission meeting within thirty twcnty(2O)(30) days after passage of the Planning Council resolution relating thereto. All applicants for change or modification of zoning, prior to consideration of said matter by the City Commission, shall pay to the City Clerk the required fees in accordance with the City's fee schedule, to defray the costs of advertising notice of public hearing. * * * * * * * Article 6 Schedule of District Regulations * * * * * * * 6.11 I-2 LIBERAL INDUSTRIAL DISTRICT * * * * * * * C. Conditional Uses Pertaining only to the geographic area bounded on the north by NW 135th Street, on east by NW 32'Avenue, extending to NW 129`h Street and west to Port Said Road, on the south by the Opa-locka Canal, and on the west by Cairo Lane, the following uses shall be permitted as Conditional Uses: 1. The storage of automobile parts from used cars whether attached or detached. 2. Junk yards for the storage of wrecked automobile or automobile Ordinance No. 01-10 Page-5- parts. 3. Automotive wrecking yards. 4. Auto and paint shops. 5. Scrap metal facilities. 6. Junk yards and similar uses. D. Prohibited Uses 64. Salvagc storc and yard. * * * * * * * E. Noise and Smoke * * * * * * * E-F. Site Development Standards * * * * * * * G. New and Used Car Sales * * * * * * * Section 2: All applications which have been reviewed by the Planning Council prior to the adoption of this Ordinance shall be exempt from the provisions of this Ordinance. Section 3: This Ordinance shall become effective in the manner provided by law. Section 4: This Ordinance shall be codified in the City's Zoning Ordinance. PASSED AND ADOPTED this 11 day of JULY , 2000. 14 MAYOR Ordinance No. 01-10 Page-6- Attest: Approved as to form and legal sufficiency: • CITY CLERK CIT • 7 r 2 DA 7/0 Moved by: VICE MAYOR KELLEY Second by: COMMISSIONER TAYLOR Commission Vote: 3-0 Commissioner Taylor: YES Commissioner Tydus: NOT PRESENT Commissioner Miller: NOT PRESENT Vice Mayor Kelley YES Mayor Miller: YES junkyards.ord/agj/cdk • 4.13 THE PLANNING COUNCIL (a/k/a) PLANNING BOARD The Planning Council (a/k/a Planning Board) membership shall be provided by the Charter of the City of Opa-locka, to wit: A. Planning Council; Organization 1. There shall be a city Planning Council which shall consist of five (5) members, who shall be appointed by the City Commission, none of whom shall hold any other public office or position in the city. The City Manager and Mayor shall serve as ex-officio members of the council. The council shall elect its chairman from among the appointive members. B. Planning Council; Term of Office; Vacancies 1. The term of the appointive members shall be five (5) years, except that, of the five members first appointed, one shall be appointed for a term of one year, one for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years. Thereafter, successors shall be appointed for a term of five years each. Any vacancy during the unexpired term of an appointive member shall be filled by the commission for the remainder of the term. 2. Vacancies in the council may be created by reason of any one or more of the following circumstances: a. By the death or resignation of the member. b. By the affirmative votes of not less than a majority of all members of the commission for nonattendance or other cause. c. By a member ceasing to be legal resident or qualified elector of the City of Opa-locka. d. By a member being convicted of a felony or a crime involving moral turpitude. e. By legal declaration of mental incompetence of a member. 3. Meeting of the council shall be held at the call of the chairperson or, in her/his absence; the acting chairperson may administer oaths and compel the attendance of witnesses. All meetings of the council shall be open to the public. 39 The council shall keep minutes of its proceedings showing the vote upon each question, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the records of the city. 4. In Addition to and in accordance with the powers and duties established by the Charter of the City of Opa-locka, the Planning Council shall have the authority to perform the following: a. To hear applications for district boundary changes (rezoning) for individual pieces of property or on a neighborhood or area-wide basis and make recommendations on approval or disapproval of such applications. b. To hear applications for changes in the regulations (ordinance amendment) and make recommendations on approval or disapproval of such applications. c. To hear applications for temporary or permanent plats and make recommendations on approval or disapproval of such applications. d. To make recommendations for amendments, extensions, and additions to the Comprehensive Neighborhood Development Master Plan for the physical development of the city. e. Review and make recommendations on the platting requirements and/or subdivision control of lands within the city. f. Review the official map of the city and recommend approval or disapproval of proposed changes in such map. g. Make recommendations as to strategies for the clearance and rebuilding of slum districts and blighted areas within the city. h. Review and submit the capital improvement program prepared by the City Manager not less than ninety (90) days prior to the beginning of the budget year and a list of recommended capital improvements which, in the opinion of the council, are necessary or desirable to be constructed during the forthcoming six year period. Such list shall be arranged in order of preference with 40 recommendations as to which projects should be constructed in which year. i. Request information which shall be furnished within a reasonable time from the other departments of the city government in relation to its work. j. Recommend that the city retain the services of outside consultants to provide planning services and technical assistance as the city may require. k. Request additional assistance for special survey work of the City Manager who may assign to the council members, staff of any administrative department, or direct such department to make special studies requested by the council. 1. In the performance of its functions, enter upon any land and make examinations and surveys and place and maintain necessary monuments and markers thereon. m. Review and make recommendations on existing and proposed plans for the re planning, improvement, and redevelopment of neighborhoods. n. Review and make recommendations for the re-planning, reconstruction, or redevelopment of areas within the city which may be destroyed, in whole or in part, or seriously damaged by windstorm, fire, earthquake, floor or other disaster. o. Make recommendations on conditional uses and special exceptions. p. Hold public hearings relative to any public land which the city contemplates disposing of, and make recommendations to the City Commission. q. Other duties as provided herein and in the City Charter. 5. The Planning Council shall recommend the boundaries of various districts and the appropriate regulations to be enforced therein. The Board may make a preliminary report and hold public hearings thereon before submitting its final report. The legislative body should normally not hold its public hearings or take action until it has received a report of the Planning Council. 41 6. When pertaining to the rezoning of land, the report and recommendations of the Planning Council shall show that it has studied and considered, where applicable, whether: a. The proposed change is contrary to the established land use pattern. b. The proposed change would create an isolated district unrelated to adjacent and nearby districts. c. The proposed change would alter the population or traffic patterns and thereby negatively tax the load on public facilities such as schools, utilities, streets, etc. d. Proposed district boundaries would be more illogically drawn in relation to existing boundaries of the property proposed for change. e. The proposed change would be in conflict with the adopted City Comprehensive Development Plan or portion, or portions thereof, or would require modification of the adopted Comprehensive Development Plan or portion, or portions thereof. f. Zoning areas allotted make the passage of the proposed change necessary. g. The proposed change will adversely influence living conditions in the neighborhood. h. The proposed change will create or excessively increase traffic congestion or otherwise affect public safety. The proposed change will create a drainage problem. j. The proposed change will seriously reduce light and air to adjacent areas. k. The proposed change will adversely affect property values in the adjacent areas. 1. The proposed change will be a deterrent to the improvement or development of adjacent property in accordance with existing regulations. 42 m. The proposed change will constitute a grant of special privilege to an individual owner as contrasted with the public welfare. n. There are no substantial reasons why the property cannot be used in accordance with existing zoning. o. Whether the change suggested is out of scale with the needs of the neighborhood or the city. P. It is possible to find other adequate sites in the city for the proposed use in districts already permitting such use. q. The proposed development meets regulations and codes. 7. When considering rezoning ordinance amendment, applications for approval of any temporary or permanent plat, at least fifteen (15) days notice of the time and place of the Planning Council hearing shall be published in a newspaper of general circulation in the municipality and, if there is no newspaper of general circulation published within the municipality, then three (3) conspicuous places within the municipality including city hall. In addition, the City Clerk shall mail copies of such notices to all property owners at their last known address, within tree hundred (300) feet of the property to be affected, notifying said property owners of such public hearing and such requested change or changes. Such notices may be sent by certified mail with the proper amount of postage attached thereto to ensure its delivery, and the clerk may also request a return receipt showing such delivery, if made. C. Special Exceptions and Conditional Uses; conditions governing application; procedure for Planning_ Council making recommendations to the City Commission. 1. The Planning Council may recommend to the City Commission only such special exceptions or conditional uses, as defined herein, as are specifically authorized by the terms of the Zoning Ordinance; decide such questions as are involved in determining whether special exceptions or conditional uses should be recommended; and recommend special exceptions or conditional uses in conformity with such Zoning Ordinance; or deny special exceptions or conditional uses when not in harmony with the purpose, intent, and requirements of the Zoning Ordinances. 43 2. Any person, firm or corporation owning or leasing property within the City of Opa-locka, Florida, desiring to obtain a special exception or conditional use, as prescribed and limited under the Zoning Ordinance of the City or amendments thereto, shall proceed in the following manner, to wit: a. Such person, firm or corporation shall file an application for a special exception or conditional use with the City Manager, or the Manager's designee. Said application shall be on a form prescribed by the city. The authority authorizing a person other than the owner to sign such application must be attached to and accompany said application. b. The City Manager, or Manager's designee, shall then refer the application to the Planning Council and the City Clerk shall provide for a public hearing. 3. A special exception or conditional use is defined in "Construction of Language and Definitions" of this ordinance. 4. A special exception or conditional use shall not be granted by the Planning Council unless and until: a. The council has determined that the granting of the special exception or conditional use, with any appropriate conditions and safeguards that the council may deem necessary, will not adversely affect the public interest. b. In reaching a conclusion and in making the determinations required in "a" above, the council shall consider and weigh, among others, the following factors, where applicable, and shall show in record such factors as were considered and the disposition made thereof. Further, the council shall find, in the case of any of these factors, where they may be relevant and applicable, that the purposes and requirements upon granting the special exception or conditional use have been met by the applicant, such as: 44 (1) Ingress and egress to the property and the proposed structures thereon, if any, including such considerations as automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe; (2) Off-street parking and loading areas, where required, including consideration of relevant circulation factors, and the economics, noise, glare or odor effects on such areas, on adjacent and nearby properties and properties generally in the districts. (3) Refuse and service areas, including consideration of relevant factors in (1) and (2) preceding; (4) Utilities, including such consideration as tie-in locations and availability and compatibility of utilities for the proposed use of structure; (5) Screening, buffering and landscaping, including considerations of such relevant factors as type, dimensions and character to preserve and improve compatibility and harmony of use and structures between the proposed special exception or conditional uses and structures of adjacent and nearby properties generally in the district; (6) Signs, or outside display, if any, and proposed exterior lighting, if any, with reference to glare, traffic safety, and economic effects of same on properties in the district and compatibility and harmony with other properties in the district; (7) Required yards and open spaces. The council shall make such determinations as it deems necessary, guided by the factors that may be described in the particular zoning district, based on the nature of the request and its effect on the light, air, safety and convenience on said site and adjacent and nearby properties generally in the district; 45 (8) Height of structures with consideration of those factors and restrictions set out in the zoned district, and based on design and general topographic features and the relationship to uses and structures on adjacent and nearby properties and properties generally in the district; (9) General compatibility and harmony of the use and structures under the proposed special exception or conditional use with the uses and structures on adjacent and nearby properties and properties generally in the districts; (10) Economic effects on adjacent and nearby properties, and on properties generally in the district of the grant of the special exception or conditional use. 5. In recommending any special exception or conditional use, the council may prescribe, in addition to those items depicted on the actual site plan, appropriate conditions and safeguards in conformity with the Zoning Ordinance and council requirements. Violation of such conditions and safeguards, when made a part of the terms under which the special exception or conditional use is approved, shall be deemed a violation of the Zoning Ordinance and punishable under provisions of the Zoning Ordinance. In recommending a special exception or conditional use, the council may prescribe a time limit for which the special condition shall be begun or completed, or both. Failure to begin or complete, or both, such action within time limited shall void the special exception or conditional use and the grantee shall resubmit the request through established procedures for reconsideration. 6. Before the clerk shall mail such notices or advertise in such newspaper to any public hearing, the clerk shall request a fee in accordance with the fee schedule of the city, from such applicant to help defray the expenses of such advertisement and postal charges. In cases where the minimum fee shall not be sufficient for such purposes, such applicant shall be required to pay sufficient funds to defray the actual cost of advertising and postal charges. 7. The clerk shall not be required to entertain such petition or request until such deposit, as the case requires, shall be paid 46 D. Procedure on Matters to be Considered by City Commission from Acts of the Planning Council All Planning Council decisions and actions are subject to review by the City Commission. All actions, resolutions, findings of fact, and recommendations of the Planning Council requiring action by the City Commission, including appeals, rezoning, variances, consideration of capital programs and recommendations, approval of land purchase sale, and all other matters required by the Charter and Ordinances of the City of Opa-locka to be considered by the Planning Council shall be submitted to the City Commission in accordance with the following procedure: a. All appeals from the recommendations of the Planning Council relating to zoning shall be appealed to the City Commission within ten (10) days, by the applicant. Notice of appeal shall be filed with the City Clerk. Failure of the applicant to file notice of appeal within ten (10) days shall render the recommendations and findings of fact of the Planning Council as conclusive. All applicants filing notice of appeal to the City Commission shall pay to the City Clerk the required fees in accordance with the city's fee schedule to defray the costs of public notice. b. All recommendations and findings of fact by the Planning Council recommending a change in zoning or modification thereof shall be placed on the agenda of the next regular City Commission meeting within twenty (20) days after passage of the Planning Council resolution relating thereto. All applicants for change or modification of zoning, prior to consideration of said matter by the City Commission, shall pay to the City Clerk the required fees in accordance with the city's fee schedule, to defray the costs of advertising notice of public hearing. c. The City Commission shall consider all appeals and applications for affirmative relief or changes or modifications in zoning as may have been acted upon or recommend by the Planning Council, as follows: 47 (1) All matter shall be considered at any regular or special City Commission meeting not more than thirty (30) days or less than seven (7) days thereafter. (2) Where an ordinance is required, the City Commission may consider a necessary ordinance at first reading; however, second reading and final passage shall not be considered until compliance with the requirements of public notice set forth in the Code of Ordinances. All notices shall be sent by certified mail. d. All other matters requiring action by the City Commission shall be placed on the agenda of the City Commission for the next regular meeting or within twenty (20) days after passage of a Planning and Zoning Council resolution. e. Another city or another governmental officer or agency or committee acting on behalf of a governmental unit may be required to pay an appeal fee or fee for public notice in any proceeding originating before the Planning Council or prior to consideration by the City Commission. f. In the event any public hearing is continued by the City Commission, notice thereof shall be given in accordance with provisions of the Code of Ordinances as set forth herein. 2. Whenever the Planning Council has taken action to recommend denial of a petition for rezoning, it shall not consider any further petition for the same rezoning of any part of the same property for a period of one (1) year from the date of such action; except as part of the regular comprehensive plan review process required by the State Statutes or in consideration of the needs of another public entity. 48 6.11 1-2 LIBERAL INDUSTRIAL DISTRICT A. The purpose of this district is to provide areas in appropriate locations where various heavy industrial operations can be conducted in any way as not to create environmental hazards to the general public or property devaluation of surrounding uses. 1. Permitted Uses 1. Stone cutting, rock pits, rock and sand yards, rock and sand crushing screening, etc., provided dust is not permitted to escape beyond the limits of the property. 2. Cement and clay products manufacturing such as concrete blocks, concrete and clay pipe,concrete structural members,etc. 3. Steel and iron fabrication. 4. Saw mills and wood fabrication. 5. Storage tanks for petroleum products, other than liquefied petroleum gas. There shall be no more than two (2) tanks, each of not more than ten thousand (10,000) gallons capacity, on any lot or parcel of land. Said tanks and adjacent structures shall meet the requirements of the National Board of Fire Underwriters, and each tank shall be surrounded by an un-pierced firewall or dyke of sufficient dimensions to contain the maximum capacity of the tank with an additional margin of fifty percent (50%) for safety. 6. Storage of liquefied petroleum gas, commonly known as bottled gas, in containers with a capacity not exceeding thirty thousand (30,000) gallons, provided the storage and handling thereof conforms to the requirements of the National Board of Fire Underwriters. No wall or dyke shall be required. 7. Warehouses 8. Boat fabricating facilities 9 Uses similar to the above 10. Uses permitted in I-1 zoned districts as per the requirements of the I-1 District. 126 C. Prohibited Uses 1. Animal slaughterhouse or abattoir. 2. Asphalt manufacture or refining. 3. Asphalt paving plant. 4. Corrosive acid manufacture including hydrochloric, nitric, picric, sulphurous and sulphuric acids. 5. Bone distillation. 6. Blast furnace. 7. Butane and propane manufacture. 8. Cement,lime,gypsum or plaster of Paris,manufacture or grinding. 9. Creosote manufacture or treatment. 10. Coke oven. 11. Distillation of coal tar,petroleum, refuse, grain or wood. 12. Drilling,production or refining, of petroleum or inflammable liquids. 13. Drops forge plant. 14. Fat rendering. 15. Fertilizer manufacture, except the cold compounding of non-odorous materials. 16. Foundry. 17. Gunpowder, fireworks or other explosives, manufacture or storage except as incidental to a permitted use. 18. Garbage, offal, dead animal refuse, rancid fats, incineration, reduction,or storage. 19. Glue, size or gelatin manufacture, where the processes used include the refining or recovery of products from fish,animal refuse or offal. 20. House wrecking yards,used building material yards. 21. Paper and pulp mills. 22. Pyroxlin and pyroxlin product manufacture. 23. Rubber manufacture from raw materials. 24. Sewage disposal plants. 25. Smelting or refining of metals or ores. 26. Steel manufacture by Bessemer, open hearth or other processes 27. Stockyards or feeding pens. 28. Tanning, curing or storage of raw hides or skins except as incidental to taxidermy. 29. Tallow,grease or lard manufacture or refining from fat. 30. Arsenal. 31. Asphalt storage,liquid or solid. 32. Boiler works. 33. Bag cleaning. 34. Butane and propane manufacture and storage. 35. Bulk storage of petroleum and petroleum products. 36. Cotton gin or cotton oil mill. 37. Canning or compressing. 38. Concrete batching or transit mix plant. 39. Cotton baling or compressing. 40. Enameling plant. 127 41. Extraction of animal or fish fats and oils. 42. Electric power plant. 43. Food grinding or processing. 44. Fertilizer manufacture limited to cold compounding non-odorous materials. 45. Flour mill. 46. Galvanizing plant. 47. Gas holder. 48. Grain elevator and storage. 49. Gravel crushing, screening and washing. 50. Grain mill. 51. Hair factory. 52. Livestock auction sales. 53. Metal stamping and pressing. 54. Oil compounding or barreling. 55. Oil reclamation plant. 56. Oil well equipment, service and supplies. 57. Potash works. 58. Paving plant. 59. Quarry or stone mill. 60. Railroad roundhouse. 61. Radium extraction. 62. Slag crushing or dump. 63. Sandblasting. 64. Salvage store and yard. 65. Septic tank service. 66. Stone cutting, monument works. 67. Storage of poisonous gases and insecticides. 68. Shipbuilding or shipyard. 69. Sugar refining. 70. Tire and rubber products manufacture. 71. Wool pulling or scouring. 72. Vegetable oil manufacture, refining, storage. 73. Yeast plant. D. Noise and Smoke Uses shall not exceed the standards set forth under "noise and smoke" in the I-3 Industrial District. E. Site Development Standards 1. Area Ten thousand (10,000) square feet minimum site area required. 128 2. Minimum Yards a. No structure shall be located closer than fifteen (15) feet to the right of way line of any public street. b. No structure shall be located closer than seven (7) feet to any side lot line when bordering a public alley, if the exterior wall is constructed to afford at least three (3) hours fire resistance, and there are no doors, windows or other openings in said wall then no setback shall be required. Additionally, side yards in building groups shall be sufficiently designed to allow free and easy access and circulation of fire fighting apparatus between and around structures, and their relationships must be approved by the Fire Department. c. Where a parcel of land in this district abuts a residential district, there shall be a minimum yard provided of at least fifty (50) feet. Parking may be provided in this setback area. d. All storage yards for materials or company vehicles to be completely screened from off-site view by a masonry decorative block wall at lease six(6)feet high. 3. Height Three (3) stories or forty-five (45)feet, which ever less. 4. Other Requirements: a. Site plan review. b. Landscaping shall be required in the setback areas. Comply with the Landscaping Section of this ordinance. 5. Retail Sales, shall be permitted only of products manufactured or processed in this district, provided that the retail sale is subservient to and not the primary business of the establishment, i.e., shall not exceed 20% of the gross square footage of the building, and provided, further that at no time shall any outside advertising be displayed on any lot or structure within this district in connection with retail sales; except that a sign, not to exceed one (1) foot by three (3) feet may be affixed at or near the building(s) entrance indicating retail sales. 129 6.11A I-2A LIBERAL INDUSTRIAL DISTRICT A. The purpose of this district is to provide for areas which are appropriate for the storage of automobiles and automobile parts in an area of the city which is conducive for such purposes. B. Permitted Uses 1. The storage of automobile parts from used cars whether attached or detached. 2. Junkyards for the storage of automobiles or automobile parts. 3. Automotive wrecking yards. 4. Auto and paint shops. 5. Scrap metal facilities. C. Prohibited Uses Any use except those permitted under the above are prohibited in this area. This area is for the exclusive use of the storage of automobile parts, salvage automobiles, and automobile wrecking facilities. D. Noise and Smoke Standards set forth under "Noise and Smoke" in the I-3 Industrial District shall be adhered to. E. Site Development Standards 1. Area— The minimum size area for any use under this district shall be twenty thousand (20,000) square feet. 2. Minimum Yards — There shall be no required setback except a front setback which shall be twenty (20) feet, and the side street setback is fifteen (15)feet. 3. Height a. The maximum height of any building shall be one (1) story or twenty (20) feet, whichever is less. The maximum stacked height of automobiles or automobile parts shall not exceed fifteen (15) feet, and must be enclosed by a wall which is at least as high as the stacked automobiles; in no 130 event shall automobiles or automobile parts, as stored, piled or placed, exceed the requirements herein. All materials, supplies, automobiles, automobile parts, or other items shall be secured behind a wall and shall not be visible from off the property when viewed three hundred (300)feet horizontally from all directions. b. A vertical decorative masonry block wall shall be required around the entire property. 4. Other Requirements a. A site plan review is required. b. Landscaping shall be required only in the front setback area. c. County and State environmental regulations must be adhered to. d. All parking and storage shall be within the property lines. e. When abutting a residential district, a setback of ten (10) feet from the property line shall be required for the building or stored materials, and a solid concrete/masonry re-enforced stucco wall shall be provided. 131 2OND I SUNDAY,JUNE 24,2012 ND MiamiHerald.com I THE MIAMI HERALD PUBLIC KICK-OFF MEETING Commissioner Barbara J. Jordan State Road(SR)25/U5 27/Okeechobee Road Project Development and Environment(PD&E)Study .Cq, From SR 997/Krome Avenue to NW 79th Avenue sponsors local Miami-Dade County,Florida • ,.**� Financial Transportation Project Identification Making I 423251-1.22-01 t Farmers' Market Efficient Transportation Decision Making(ETDM)Number:9891 '°«: Federal Aid Pro ect Number:0301-056P ^ The Florida Department of Transportation(FDOT),District Six,will conduct a Public Kick-Off Meeting for the above referenced project.The meeting will be held on Thursday,July 12,2012,from 6 P.m.to 8 p.m.,at Westland Commissioner Saturday, June 30, 2012 Gardens Park,located at 13501 NW 107 Avenue,Hialeah Gardens,FL 33018.The meeting will start as an open Barbara J.Jordan house where members of the public are invited to view project display boards and speak with the study team. A rStriCt 1 10 a.m. —2 p.m. presentation will be shown at 6:30 p.m.FDOT District Six has initiated a Project Development and Environment(PD&E) North Pointe YMCA Family Center study in an effort to provide improvements along SR 25/US 27/Okeechobee Road from SR 997/Krome Avenue to NW 79th Avenue in Miami-Dade County.During the PD&E phase,preliminary engineering and environmentally feasible . 7351 NW 186 Street,Miami,FL 33015 alternative solutions are developed and evaluated to determine which alternative most effectively addresses the needs associated with the project.The need for improvements results from a combination of safety issues and traffic �`;CV!Ir~ Spend Si0 on EBT'SNP,P.get S10 I110re in tree produce operations deficiencies. For more information,please call 305-474-3011. The objective of this project is to provide overall traffic operation improvements along the study corridor through the �-� provision of intersection improvements,frontage road enhancements,roadway improvements and improvements at canal crossings.The approach to this project will be to thoroughly assess the safety,mobility and community needs of } g the corridor,develop alternatives to address those needs,and evaluate them according to regulatory agency require- yy,. ' " ments and community values.Public participation is solicited without regard to race,color,national origin,age,sex, i! ill- religion,disability or family status.Persons who require special accommodations under the Americans with Disabili ties Act or persons who require translation services(free of charge),should contact Mr.Nicholas Danu,RE,by phone at -r."e fir >. (3051 470-5219 or in writing at 1000 NW 111 Ave., Room 6111-A, Miami, FL 33172 or by email at ,x e+..� nicholas.danu@dot.state.fl.us at least seven(71 days prior to the meeting.For more Information about the study, + '1 contact Ms.Bao-Ying Wang,PE.,Project Manager,Florida Department of Transportation District Sic,1000 NW •'� 111th A ,Room 6251,Miami,Florida 33172,(3051 470-5211(Telephone),13051 640-7558(Fax)or via . - . email atbao in•.wan•Ddotstate.fLus. PUBLIC KICK-OFF MEETING t DATE: Thursday,Jul 12,2012 1. 7"'" m o r ,y r ��' ' TIME b p.m.to 8 p.m. .,ter ,1:,# '' �' PLACE: Westland Gardens Park 13501 NW 107 Avenue, �1 Hialeah Gardens,FL 33018 Al* ` • Florida Department of Transportation 0 NOTICE TO THE PUBLIC SPECIAL PLANNING COUNCIL MEETING TUESDAY,JULY 10,2012 CITY OF OPA-LOCKA,FLORIDA NOTICE IS HEREBY GIVEN that the City of Opa-locka Planning Council will meet on Tuesday,July 10, NOTICE TO THE PUBLIC 2012,AT CITY HALL,780 Fisherman Street,Second Floor,Opa-locka,Florida,33054 AT 7:00 P.M. NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, I.PUBLIC HEARINGS Florida will hold a public hearing at its Regular Commission Meeting on Wednesday, 1.APPLICANT NAME: Magnolia North Apartment,LL.C. July 11,2012 at 7:00 p.m.at the Opa-locka Municipal Complex,780 Fisherman Street, ADDRESS: 2070 Lincoln Avenue,Opa-locks FL 3305 2nd Floor,Opa-locka,Florida to consider the following item: REQUEST#1: Rezone properly from R-2 to the Magnolia North Redevelopment Overlay District. LEGAL DESCRIPTION:LOTS 4,5,6,8 7,EICCK6,"MAGNCLIASUBOMSICW,ACCCIRDINGT071-1EPLAT71-1EREOF,ASRECORDED SECOND READING/PUBLIC HEARING N PLAT BOOK 40,PAGE 80,AS RECORDED N THE RELIC RECORDS OF MIAMI-DADE COUNTY,FLORIDA AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, 2.APPLICANT NAME: Katvid Enterprises,LLC. FLORIDA,TO IMPOSE A MORATORIUM ON NEW JUNK YARDS,SCRAP METAL ADDRESS: 12750 Alexandria Drive,Ope-Iocka,FL33054. FACILITIES AND AUTO SALVAGE BUSINESSES CITYWIDE FOR TWELVE (12) REQUEST Zoning Change from the I-2 District to the I-2A District. MONTHS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR LEGAL DESCRIPTION: LOTS 97 AND ee,LESS IHE NORTH 191 1 FEET THEREOF AND ALL cF LOTS 9s,too,10 A142)102,BLOCK CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY AND CODIFICATION; 303 OF NILE GARDENS SECTION I,ACCORDING TO THE PLAT THEREOF,AS RECORDm N PLAT BOOK 31, ATPAC>E42,cFTHEPUBLICRECORDSOFMWII-DADEcoum,FLORIDAA/K/ASOUTH118.51FEET PROVIDING FOR AN EFFECTIVE DATE(first reading held on June 13,2012). Of TRACT 303,REVISED PLAT OF NILE GARDENS SECTION ONE,ACCORDING TO THE PLAT THEREOF,AS RECORDEDINRATBOOK388,ATPAGE56,OFTHEPUBUCRECORDSOFMIAMI GADECOJf1rY,FLORDA Additional information on the above item may be obtained in the Office of the City Clerk, FOLIOS:08.2128-007-0351 AND 08-2128-007-0350 780 Fisherman Street,4'Floor,Opa-locka,Florida.All interested persons are encouraged 3.APPLICANT NAME: city of Opa-locka Community Challenge Grant 2011 Presentation by: to attend this meeting and will be heard with respect to the public hearing. Opa-locka Community Development Corporation II.OTHER BUSINESS: STAFF UPDATE PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any III.ADJOURNMENT board,agency,or commission with respect to any matter considered at such meeting or Additional information on the above Rem maybe obtained in the Office of Planning and Community Development, hearing will need a record of the proceedings,and for that reason,may need to ensure 780 Fisherman Street,4th Floor,Opa-locka,Florida.All interested persons are encouraged to attend this meeting that a verbatim record of the proceedings is made,which record includes the testimony and will be heard with respect to the public nearing. and evidence upon which the appeal may be based. 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, JOANNA FLORES,CMC 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. INTERIM CITY CLERK