HomeMy Public PortalAbout14-02 Revision to Chapter 17/To Provide a Process for Vacating Streets and Alleys First Reading: 04/09/2014
Second Reading: 05/14/2014
Public Hearing: 05/14/2014
Adoption: 05/14/2014
Effective Date: 05/14/2014
Sponsored by: City Manager
ORDINANCE NO. 14-02
AN ORDINANCE OF THE CITY OF OPA-LOCKA, OPA-
LOCKA, FLORIDA, AMENDED TO MAKE COMPREHENSIVE
REVISIONS TO CHAPTER 17 PLANNING AND
DEVELOPMENT, ARTICLE III SUBDIVISION AND PLATTING
CODE, OF THE CITY OF OPA-LOCKA, CODE OF
ORDINANCES; TO PROVIDE A PROCESS FOR VACATING
STREETS AND ALLEYS--GENERALLY; PAYMENT OF
COSTS, EXPENSES; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka received a
recommendation from the City Manager to address the need for an ordinance to
provide a process to vacate streets and alleys;
WHEREAS, the Opa-locka City Commission conducted a public hearing on
this ordinance and made a finding that it is consistent with the Opa-locka
Comprehensive Plan;
WHEREAS, The City Commission of the City of Opa-locka has determined
that the following amendments promote and protect the general health, safety and
welfare of the residents of the City of Opa-locka; and,
WHEREAS,duly noticed public hearings as required by law were held by the
City Commission of the City of Opa-locka, at which public hearings all residents and
interested persons were given an opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by
reference.
Ordinance No. 14-02
Section 2. Chapter 17, Planning and Development, Article III, Subdivisions
and Platting, is hereby amended to provide a process to vacate streets and alleys by
adding the following.
ARTICLE III. SUBDIVISIONS AND PLATTING
Sec. 1. Petition Application for vacating streets and alleys--Generally.
All applications for vacating of public right(s)-of-way (public street, road, alleyway,
place or highway dedicated or acquired for travel or any part or portion thereof) shall be
submitted to the planning & community development department (P&CD). Standard
application forms shall be made available in the P&CD office. Every petition addressed
to the city concerning any way place, highway, street, alley or any land acquired for
travel or any part or portion thereof to be vacated, closed, discontinued or abandoned,
and requesting the city to release any right of the city and the public in and to any land
delineated, dedicated or shown on any recorded map or plat as a street, road,alleyway,
place or highway within the corporate limits of the city shall be presented to the city
commission in the form and following the procedures set forth in this article. The
petitioner shall use the petition form available from the P&CD office.
Sec.2. Same—Form; address.",is hereby created by the following language.
Same--Form; address.
Vacating petition applications filed pursuant to this article shall be typewritten and shall be
sworn to by the petitioner/applicant and shall include the post office address of the
petitioner/applicant."
Sec.3. "Vacating Process" is hereby created by the following language:
Same--Contents.
(a) Vacating petitions-applications filed under this article shall give an accurate legal
description of the public street, road, alleyway, place of highway or any part or
portion thereof petitioned applied to be vacated, closed, discontinued and
abandoned. If the vacating, closing, discontinuing and abandoning of a part or
portion of an alleyway desired by the petitioner applicant to be vacated, closed,
discontinued and abandoned would result in the creation of a dead-end alleyway,
then the petitioner applicant is required to petition apply to vacate, close,
discontinue and abandon the entire alleyway or such part or portion thereof as will
preclude the creation of a dead-end alleyway, unless the petitioner applicant
provides an adequate turnaround or cul-de-sac.
(b) The petition/applicant shall list the property owners' names, addresses and the
property legal description, as reflected in the latest ad valorem tax records, of all
property touching or abutting on the public street,road, alley, alleyway,place or
Ordinance No. 14-02
highway or other right-of-way or any part of portion thereof requested to be vacated,
closed, discontinued and abandoned. The petition/applicant shall provide proof of
ownership by the applicant of the property which abuts the alley to be vacated and
closed.
(c) The petitioner/applicant shall state the reason why the petitioner/applicant
desires the closing of the street, road, alleyway, place or highway or any part or
portion thereof. The petitioner/applicant shall provide a statement as to whether
the general public currently uses the alley, including public service vehicles; such
as, trash and garbage trucks,police, fire and/or other emergency vehicles, during
the past 12 months.
(d) The petition application shall contain a recital as follows: The petitioner
applicant(s) or petitioners herein named hereby waive, renounce, relinquish,
absolve and discharge the city from any claim for damages of any nature and kind
whatsoever that such petitioner applicant(s) or-petitioners may have or claim or
demand, now or in the future, by reason of the vacating, closing, discontinuing and
abandoning of the public street, road, alleyway, place or highway or any part or
portion thereof.
(e) The petition application shall have attached thereto a drawing or blueprint of the
subdivision in which the public street,road,alleyway,place or highway or any
part or portion thereof to be vacated,closed,discontinued and abandoned is
located or, if located in an unplatted area,of the streets,highways, roads, alleys
and public places in the immediate area surrounding the public street,road,
alleyway,place or highway or any part or portion thereof to be vacated,closed,
discontinued and abandoned."
(f) The petition application shall include the releases from all utility companies for
the public street,road, alleyway,place or highway or any part or portion thereof
to be vacated,closed discontinued and abandoned.
Sec.4. Same—Filing; number of copies required.",is hereby created by the
following language:
"Sec.4-. Same--Filing; number of copies required.
Four (15) copies of the vacating petition application required by this article shall be filed
with the CD&P Department."
Sec.5. Same—Procedure on receipt.",is hereby created by the following
language:
Sec.5-. Same--Procedure on receipt; distribution to reviewing agencies.
Upon receipt of the vacating petition application,the P&CD Department shall review for
completeness. If complete,the P&CD Department shall distribute a to the legal department
and all reviewing agencies,including but not limited to all applicable city agencies,other
governmental agencies, and private utilities.
Sec. 6. Same—Hearing date; signs.", is hereby created by the following
Ordinance No. 14-02
language:
Sec. 6-. Same--Hearing date; signs.
(a) The Planning & Community Development Department shall promptly verify the
legal description contained in the vacating petition application and forward
written notice of such approval to the legal department for preparation of a
resolution setting a public hearing regarding the vacating. Once the public hearing
date has been set by the Planning Council meeting, the petitioner applicant's
request shall be noticed according to city code requirements.
(b) A sign shall be placed at or near either end of a public street, road, alleyway, place
or highway or any part or portion thereof which is to be vacated, closed,
discontinued and abandoned. The sign shall be posted a minimum of thirty(30) days
prior to the public hearing and shall provide notice of the proposed vacating,
including the date and place set for the public hearing. The affidavit shall include a
statement by the petitioner applicant that the sign required herein was posted not
less than thirty (30)days prior to the date set for the public hearing.
(c) In addition to such published notice, the petitioner-applicant, at his expense, shall
immediately, upon the adoption of the resolution fixing the date for a public
hearing and not less than thirty (30) days prior to the date set for the public hearing,
send a copy of the published notice to the owner of every parcel of land abutting on
the public street, road, alleyway, place or highway or any part or portion thereof
petitioned proposed to be vacated, closed, discontinued and abandoned. The copy
of the published notice shall be mailed to such owners at their usual post office
addresses, by registered "certificate of mailing"Twith-return receipt-requested.
When the return receipts are delivered to the petitioner, the petitioner The applicant
shall then prepare an affidavit indicating the abutting parcels of land, the names of
the owner(s) of such land, and the date and post office address to which each copy
of the published notice was mailed. The petitioner applicant shall attach to the
affidavit the return receipts postmarked list of the notices which were mailed, and
the names of all officially registered neighborhood associations that were sent
notice. The affidavit with return-receipts shall be filed with the City Commission
not less than fifteen (1 5) days prior to the date of the public hearing. Should an
error or omission occur in the sending of these notices which requires re-
advertisement of the notice of public hearing, the petitioner applicant shall pay an
additional charge of Seven Hundred dollars ($700.00) to the Planning &
Community Development Department to cover the costs and expenses as a result of
the error or omission. This payment shall be made at the time the petitioner submits
a written request addressed to the Community Development Director and filed with
the clerk of the Planning & Community Development Department requesting a new
date for a public hearing and setting out the reasons for the request.
Ordinance No. 14-02
(d) When all or a majority of the alley rights-of-way within a platted subdivision or
within an area of four (4) or more contiguous blocks are included in a single
petition application, then the posting of signs, as referred to in subsection (a)
above, shall not be required for those alleys within that subdivision or for those
alleys within the four(4) or more contiguous blocks referred to above.
(e) The petitioner applicant shall also send written notice by "certificate of mailing",
entitled "Good Neighbor Notice for Vacating," no less than thirty (30) days prior
to the public hearing, to the officially registered neighborhood association, as
registered with the City of Opa-locka, in which the subject property is located, and
to all other officially registered neighborhood associations that lie within a three
hundred (300) feet radius, including roads and streets, in all directions from the
subject property, from the boundaries of the subject property right(s)-of-way. If
the subject parcel right(s)-of-way does not lie within the boundaries of an
officially registered neighborhood association or if no officially registered
neighborhood association exists within the distance measurements as required by
this subsection, the applicant shall mail the notice required herein to the closest
officially registered neighborhood association, as measured in a straight line, on
the "neighborhood association map."
Sec. 7. "Application of chapter to City Commission proceedings" is hereby
created by the following language:
Sec.7-.Application of chapter to City Commission proceedings.
Nothing contained in this chapter shall be deemed or construed as applying to any
proceedings instituted by the City Commission in their own discretion and on their own
motion relating to the vacating, closing, discontinuing and abandoning of any public street,
road, alleyway,place or highway or any part or portion thereof.
Sec. 8. "Vacating streets and alleys; payment of costs,expenses.",is hereby
amended by the following language:
Sec.8-. Vacating streets and alleys; payment of costs,expenses.
(a) The petitioner/applicant requesting that any public street,road, alleyway,place or
highway or any part or portion thereof be vacated, closed, discontinued and
abandoned shall pay all costs and expenses to be incurred by the city,as follows:
1) The petitioner/applicant shall pay an amount that is the average between the
assessed value and the market value of the vacated area. The assessed value shall be
obtained from the Miami-Dade County Appraisers Office and the market value shall
be obtained from private professional property appraiser(s).
2) For the handling and processing of the petition application,including the
publishing of notice of the public hearing;
Ordinance No. 14-02
3) For the posting of signs;
4) For the publishing of the vacating ordinance, if the petition application is
be granted;
5) For the recording of a certified copy of the ordinance in the office of the
clerk of the circuit court of the county;
6) For the review of the petition application.
(b) A payment in the amount as established by resolution of the City Commission shall
be made by the petitioner applicant to the community development & planning
department before/ with the petition is filed with the community development &
planning department submittal of the application. A receipt showing the payment to
the community development & planning department shall be attached to the
petition—application. No portion of this fee shall be refunded to the petitioner.
Should an error (by the applicant or his agent in the original petition application
occur that requires the filing of an amended petition application and re-
advertisement of notice of the public hearing, an the additional cost charge and
subsequent payment in the amount as established by resolution of the City
Commission to defray additional costs and expenses shall be made by the petitioner
applicant to the Community Development & Planning Department, before the filing
of the amended application will be rescheduled for a public hearing. A receipt
showing the payment to the city of this additional fee shall be attached to the
amended petition application. No portion of this additional fee shall be refunded to-
the petitioner.
Section 3 All ordinances or Code provisions in conflict herewith are
hereby repealed.
Section 4. If any section, subsection, sentence, clause, phrase or portion
of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, district and
independent provision and such holding shall not affect the validity of the remaining
portions of this Ordinance.
Section 5. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 6. This Ordinance shall, upon adoption,become effective as
specified by the City of Opa-locka Charter and Code of Ordinances.
PASSED AND ADOPTED this 14th day of May, 2014.
6
Ordinance No. 14-02
i1 41-41
M `=A AYI R
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Attest to: Approved as form an. lega I,iciency:wr
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na Flores J..e.h 'f Geller
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,ify Attorney
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Moved by: COMMISSIONER JOHNSON
Seconded by: VICE MAYOR KELLEY
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson: YES
Commissioner Santiago: YES
Vice-Mayor Kelley: YES
Mayor Taylor: YES
2ND I SUNDAY,MAY 4,2014 ND MiamiHerald.com I MIAMI HERALD
REACH US NEIGHBORHOOD NEWS
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Miami-Dade County Commissioner
3
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Barbara J.Jordan,City of Miami Gardens
Councilman David Williams Jr and
the Sunshine Jazz Organization
11111 I CITY OF OPA-LOCKA,FLORIDA
I'1 esc"I1 r . . NOTICE TO THE PUBLIC
✓� "• NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks,Florida will hold a public
' ! ,/o ! . hearing at its Regular Commission Meeting on Wednesday, May 14,2014 at 7:00 p.m.in the City
Commission Chambers at Sherbondy Village,215 President Barack Obama(Perviz)Avenue,Opa locka,
A Florida to consider the following items:
40..., .
\ ..:._ SECOND READING ORDINANCES/PUBLIC HEARING:
Featuring AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDED TO
" Brenda Alford & MAKE COMPREHENSIVE REVISIONS TO CHAPTER 17 PLANNING AND DEVELOPMENT,ARTICLE III
`a (2.1(1);r SUBDIVISION AND PLATTING CODE OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES;TO PROVIDE
l I' the Joey Gilmore A PROCESS FOR VACATING STREETS AND ALLEYS—GENERALLY;PAYMENT OF COSTS,EXPENSES;
Blues Band PROVIDING FOR REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY;
/ Rain or Shine! FOR AN EFFECTIVE DATE(first reading held on April 9,2014).
• AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO AMEND
Friday, May 9, 2014 from 6:30 p.m.-9:00 p.m. ORDINANCE NO.13-30 THE OPA-LOCKA EDUCATION COMMITTEE;PROVIDING FOR INCORPORATION
OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR CODIFICATION;PROVIDING
Betty T. Ferguson Recreational FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held on April 9,2014).
Complex-Amphitheater Additional information on the above items may be obtained in the Office of the City Clerk.,3400 NW 135'Street,Bldg.
3000 N.W. 199 Street 5,Opa-locka,Florida.All interested persons are encouraged to attend this meeting and will be heard with respect to
the public hearing.
Miami Gardens, Florida 33056 • �' PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board,agency or commission
Calf(305)4 74-3011 for rn ore information! with respect to any matter considered at such meeting or hearing will need a record of the proceedings,and for that
reason,may need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and
h�� U� a' �, evidence upon which the appeal may be based
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JOANNA FLORES,CMC
CITY CLERK
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City of Opa-locka
Agenda Cover Memo
Commission Meeting April 9, 2014 Item Type: Resolution Ordinance Other
Date: (Enter X in box) X
Yes No Ordinance Reading: 1st Reading 2nd Reading
Fiscal Impact: (Enter X in box) X X
Public Hearing: Yes No Yes No
X (Enter X in box) X X
Funding Source: (N/A) Advertising Requirement: Yes No
N/A (Enter X in box) X
Contract/P.O. Required: Yes No
(Enter X in box) X RFP/RFQ/Bid#: N/A
Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy:
Enhance Organizational El N/A
Strategic Plan Related Bus.&Economic Dev
(Enter X in box) X Public Safety =
Quality of Education El
Qual.of Life&City Image III
Communication
Sponsor Name City Manager Department: Community Development
Short Title:
Request an Ordinance of the City of Opa-locka City Commission to make comprehensive revisions to Chapter 17 Planning and
Development and Article III Subdivision and Platting Code of the City's Code of Ordinance. The revision will provide a process for
vacating streets, alleys and other public areas.
Staff Summary
The City Commission has received a recommendation from the City Manager that an Ordinance is needed to provide a process to
vacate streets, alleys and other areas. It is apparent that the comprehensive revision of the Planning and Development Platting
Code is necessary to provide:a vacating process; procedures for review agency distribution; hearing requirements arid public
notice criteria; establishment of costs and expenses; a criteria for how the vacated property shall be distributed or assigned.
Proposed Action:
Staff recommends approval of this comprehensive revision of the Code of Ordinances.
Ordinance to Vacate a Street-Alley 1
Attachments:
1. Planning Concil Meeting Minutes—January 7, 2014
2. Draft Ordinance to Vacate Streets and Alleys
Ordinance to Vacate a Street-Alley 2
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Memorandum
TO: Myra L.Taylor, Mayor
Joseph Kelley, Vice Mayor
Timothy Holmes, Commissioner
Dorothy Johnson, Commissi finer
Luis B. Santiago, Commission r
FROM: Kelvin L. Baker, Sr.,City Managf
e
DATE: March 28, 2014
RE: An Ordinance to provide a process to vacate streets, alleys,and other public areas.
Request:
An Ordinance of the City of Opa-locka City Commission to make comprehensive revisions to Chapter 17
Planning and Development and Article III Subdivision and Platting Code of the City's Code of Ordinance.
The revision will provide a process for vacating streets, alleys and other public areas.
Description:
The City Commission has received a recommendation from the City Manager that an Ordinance is needed
to provide a process to vacate streets, alleys and other areas. It is apparent that the comprehensive
revision of the Planning and Development Platting Code is necessary to provide: a vacating process;
procedures for review agency distribution; hearing requirements and public notice criteria; establishment of
costs and expenses; a criteria for how the vacated property shall be distributed or assigned.
Financial Impact: There is no financial impact to the City to adopt this ordinance.
Implementation Time Line: Immediately
Legislative History:
None
Staff Recommendation:
Staff recommends approval of this comprehensive revision of the Code of Ordinances.
Planning Council Recommendation:
The Planning Council recommended approval of this comprehensive Code of Ordinance revision.
Attachment(s)
Planning Council Meeting Minutes January 7, 2014
Draft Ordinance to Vacate Streets-Alleys
Prepared By: Gerald Lee, Zoning Official
Ordinance to Vacate a Street-Alley
,`�YF�ort4
ica
MINUTES
PLANNING COUNCIL MEETING
TUESDAY,January 7,2014
ROLL CALL:
Planning Council meeting officially began at 7:23pm. Members in attendance were Chairman
Calvin Russell, Councilman Elio Guerrero, and Councilwoman Leslie Dennis, Councilwoman
Oria Rodriguez and Councilwoman Rose Tydus. Also present were Assistant City Attorney
Steve Gellar, Community Development Director Howard W. Brown,Jr., Zoning Official Gerald
J. Lee, City Planner Bhairvi Pandya and Executive Secretary Peggy Castano.
II INVOCATION AND PLEDGE: Was stated immediately after roll call.
III APPROVAL OF MINUTES: July 23,2013
Upon roll call, the minutes passed 5-0.
Elio Guerrero - Yes
Leslie Dennis - Yes
Calvin Russell - Yes
Oria Rodriguez - Yes
Rose Tydus - Yes
Planning Council Minutes
01/07/2014
Page 1 of 5
IV. PUBLIC HEARINGS:
a) JOSE POLO 13180 NW 31 AVENUE, OPA-LOCKA, FL 33054
South 209 feet of North 295 feet of West 160 feet of East 185 feet,of Tract 28, "NILE GARDENS
SECTION 2"according to the Plat thereof, as recorded in Plat Book 31, page 42 of the Public
Records of Miami-Dade County, Florida. Section 28 and 29 Township 52 South, Range 41 East.
ZONED I (FOLIO 08-2128-004-0461)
REQUEST: FINAL SITE PLAN APPROVAL
Mr. Brown opened the public hearing by stating his name, position and department. Mr. Brown
also introduced the Zoning Official Mr. Gerald Lee, Executive Secretary Ms. Peggy Castano,
and the new City Planner Bhairvi Pandya.
Mr. Brown proceeds to provide the Planning Council with a brief history of the property site and
also explains that Mr. Polo has been in business with the City of Opa-locka for many years. Mr.
Brown asks Mr. Lee to further explain the request he then proceeds to the power point
presentation.
The power presentation begins with a city aerial map to make sure everyone in the planning
council meeting will know the specific area and property in question. The reason Mr. Polo was
before the planning council was because he submitted an application in May of 2012 and staff
reviewed the site plan which was not compliant with the City LDR within the liberal industrial
district(I-2)
The applicant was provided with corrective comments to address site plan deficiencies. The
applicant provided final corrections to his site plan. The Community Development Department
reviewed the site plan and found it to be in compliance with the City LDR within the liberal
industrial district (I-2)
At this time Community Development Department recommends approval of the site plan with
very specific conditions like the following:
• The property must be served by sanitary sewer and water.
• Any future signage shall comply with city sign ordinance.
• All trash and garbage containers shall comply with city dumpster enclosure requirements
as shown in site plan
• Must pay all development impact fees.
• Landscaping must be provided as shown in the site plan.
Planning Council Minutes
01/07/2014
Page 2 of 5
• All storage yards for materials or company vehicles must be completely screened from
off-site view by masonry decorative block wall at least six feet high. (Property is
currently fenced)
Mr. Polo came up to the podium to explain the purpose of the site plan approval and the long
process he has endured to get the approval of the city.
The Planning council for The City of Opa-locka recommends approval to the City Commission
to approve the final site plan for Jose Polo.
Roll call motion passed 5-0
Elio Guerrero - Yes
Leslie Dennis - Yes
Calvin Russell - Yes
Oria Rodriguez - Yes
Rose Tydus - Yes
b) 3400 NW 135TH STREET, BUILDING B, OPA-LOCKA, FL 33054
CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT DEPARTMENT
REQUEST: AN ORDINANCE OF THE CITY OF OPA-LOCKA, OPA-LOCKA, FLORIDA, PROVIDING
COMPREHENSIVE REVISIONS TO CHAPTER 17, PLANNING AND DEVELOPMENT,
ARTICLE III, SUBDIVISION AND PLATTING CODE, OF THE CITY OF OPA-LOCKA, CODE OF
ORDINANCES;TO PROVIDE A PROCESS FOR VACATING STREETS AND ALLEYS—
GENERALLY; PAYMENT OF COSTS, EXPENSES; PROVIDING FOR REPEAL OF ALL
ORDINANCES IN CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
Mr. Brown explains to the Planning Council that the City currently has no regulations that govern this
process. The Community Development Department researched our neighboring cities to quickly realize
they all have current ordinances that deal with this matter. Mr. Lee and Mr. Brown expressed the
importance of such ordinance to be in place. The City currently has no regulations that govern this process.
When the city's charter was repealed and replaced with the new charter in November 2012, these
procedures were repealed in its entirety.
Planning Council Minutes
01/07/2014
Page 3 of 5
The Planning council for The City of Opa-locka recommends approval to the City Commission
to approve and create an ordinance for alleyway vacation.
Roll call motion passed 5-0
Elio Guerrero - Yes
Leslie Dennis - Yes
Calvin Russell - Yes
Oria Rodriguez - Yes
Rose Tydus - Yes
V OTHER BUSINESS:
Chairman Russell asked Mr. Brown if there was other business and Mr. Brown let him know that at this
moment there was no other business.
STAFF UPDATE
Mr. Brown indicated there were no items for staff update.
VI ADJOURNMENT
Member Barrett motioned to adjourn and Member Guerrero seconded the motion.
Meeting adjourned at 8:12pm
Planning Council Minutes
01/07/2014
Page 4 of 5
Submitted by
Peggy Castano
Planning Council Clerk
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
Planning Council Minutes
01/07/2014
Page 5 of 5
1
2 ORDINANCE NO. 2013-
3
4 AN ORDINANCE OF THE CITY OF OPA-LOCKA, OPA-LOCKA,
5 FLORIDA, MAKING COMPREHENSIVE REVISIONS TO CHAPTER
6 17 PLANNING AND DEVELOPMENT, ARTICLE III SUBDIVISION
7 AND PLATTING CODE, OF THE CITY OF OPA-LOCKA, CODE OF
8 ORDINANCES; TO PROVIDE A PROCESS FOR VACATING
9 STREETS AND ALLEYS--GENERALLY; PAYMENT OF COSTS,
10 EXPENSES; PROVIDING FOR REPEAL OF ALL ORDINANCES IN
11 CONFLICT; PROVIDING FOR SEVERABILITY; PROVIDING AN
12 EFFECTIVE DATE.
13
14
15 WHEREAS, the City Commission of the City of Opa-locka received a
16 recommendation from the City Manager to address the need for an ordinance to provide a
17 process to vacate streets and alleys;
18
19 WHEREAS, the Opa-locka City Commission conducted a public hearing on this
20 ordinance and made a finding that it is consistent with the Opa-locka Comprehensive Plan;
21
22 WHEREAS, The City Commission of the City of Opa-locka has determined that the
23 following amendments promote and protect the general health, safety and welfare of the
24 residents of the City of Opa-locka; and,
25
26 WHEREAS, duly noticed public hearings as required by law were held by the City
27 Commission of the City of Opa-locka, at which public hearings all residents and interested
28 persons were given an opportunity to be heard.
29
30 NOW,THEREFORE,
31
32 BE IT ORDAINED BY THE CITY
33 COMMISSION OF THE CITY OF OPA-
34 LOCKA,FLORIDA:
35
36
37 Chapter 17 Planning and Development
38 Article III-Subdivision and Platting.
39
40 Section 1. That " Petition for vacating streets and alleys--
41 Generally.", this section is hereby created to provide a process to vacate streets and
42 alleys by adding the following:
43
44
45
46
Section 2. Petition Application for vacating streets and alleys--Generally.
All applications for vacating of public right(s)-of-way (public street, road, alleyway,
place or highway dedicated or acquired for travel or any part or portion thereof) shall be
submitted to the planning & community development department (P&CD). Standard
application forms shall be made available in the P&CD office. Every petition addressed
to the city concerning any way place, highway, street, alley or any land acquired for
travel or any part or portion thereof to be vacated, closed, discontinued or abandoned,
and requesting the city to release any right of the city and the public in and to any land
delineated, dedicated or shown on any recorded map or plat as a street, road, alleyway,
place or highway within the corporate limits of the city shall be presented to the city
commission in the form and following the procedures set forth in this article. The
petitioner shall use the petition form available from the P&CD office.
Section 3. Same—Form; address.",is hereby created by the following language.
Same--Form; address.
Vacating petition applications filed pursuant to this article shall be typewritten and shall be
sworn to by the petitioner/applicant and shall include the post office address of the
petitioner/applicant."
Section 4. "Vacating Process" is hereby created by the following language:
Same--Contents.
(a) Vacating petitions-applications filed under this article shall give an accurate legal
description of the public street, road, alleyway, place of highway or any part or
portion thereof petitioned applied to be vacated, closed, discontinued and
abandoned. If the vacating, closing, discontinuing and abandoning of a part or
portion of an alleyway desired by the petitioner applicant to be vacated, closed,
discontinued and abandoned would result in the creation of a dead-end alleyway,
then the petitioner applicant is required to petition apply to vacate, close,
discontinue and abandon the entire alleyway or such part or portion thereof as will
preclude the creation of a dead-end alleyway, unless the petitioner applicant
provides an adequate turnaround or cul-de-sac.
(b) The petition/applicant shall list the property owners' names, addresses and the
property legal description, as reflected in the latest ad valorem tax records, of all
property touching or abutting on the public street, road, alley, alleyway,place or
2
l highway or other right-of-way or any part of portion thereof requested to be vacated,
2 closed, discontinued and abandoned. The petition/applicant shall provide proof of
3 ownership by the applicant of the property which abuts the alley to be vacated and
4 closed.
5
6 (c) The petitioner/applicant shall state the reason why the petitioner/applicant
7 desires the closing of the street, road, alleyway, place or highway or any part or
8 portion thereof. The petitioner/applicant shall provide a statement as to whether
9 the general public currently uses the alley,including public service vehicles; such
10 as, trash and garbage trucks, police, fire and/or other emergency vehicles,during
1 1 the past 12 months.
12
13 (d) The petition application shall contain a recital as follows: The petitioner
14 applicant(s) or petitioners herein named hereby waive, renounce, relinquish,
15 absolve and discharge the city from any claim for damages of any nature and kind
16 whatsoever that such petitioner applicant(s) or-petitioners may have or claim or
17 demand, now or in the future, by reason of the vacating, closing, discontinuing and
1 8 abandoning of the public street, road, alleyway, place or highway or any part or
19 portion thereof.
20
21 (e) The petition application shall have attached thereto a drawing or blueprint of the
2 2 subdivision in which the public street,road, alleyway, place or highway or any
2 3 part or portion thereof to be vacated,closed,discontinued and abandoned is
2 4 located or,if located in an unplatted area,of the streets, highways,roads, alleys
2 5 and public places in the immediate area surrounding the public street,road,
2 6 alleyway,place or highway or any part or portion thereof to be vacated,closed,
2 7 discontinued and abandoned."
28
2 9 (1) The petition application shall include the releases from all utility companies for
3 0 the public street, road, alleyway,place or highway or any part or portion thereof
31 to be vacated,closed discontinued and abandoned.
32
33
3 4 Section 5. Same—Filing; number of copies required.",is hereby created by
3 5 the following language:
36
37
3 8 "Sec. 5-. Same--Filing; number of copies required.
39
40 Four (15) copies of the vacating petition application required by this article shall be filed
41 with the CD&P Department."
42
43
44 Section 6. Same—Procedure on receipt.",is hereby created by the following
4 5 language:
46
Sec.6-. Same--Procedure on receipt; distribution to reviewing agencies.
3
1 Upon receipt of the vacating petition application,the P&CD Department shall review for
2 completeness. If complete,the P&CD Department shall distribute a to the legal department
3 and all reviewing agencies,including but not limited to all applicable city agencies,other
4 governmental agencies, and private utilities.
5
6
7 Section 7. Same—Hearing date; signs.", is hereby created by the following
8 language:
9
10 Sec. 7-. Same--Hearing date; signs.
11
12 (a) The Planning & Community Development Department shall promptly verify the
13 legal description contained in the vacating petition application and forward
14 written notice of such approval to the legal department for preparation of a
15 resolution setting a public hearing regarding the vacating. Once the public hearing
16 date has been set by the Planning Council meeting, the petitioner applicant's
17 request shall be noticed according to city code requirements.
18
19 (b) A sign shall be placed at or near either end of a public street, road, alleyway, place
20 or highway or any part or portion thereof which is to be vacated, closed,
21 discontinued and abandoned. The sign shall be posted a minimum of thirty (30) days
22 prior to the public hearing and shall provide notice of the proposed vacating,
23 including the date and place set for the public hearing. The affidavit shall include a
24 statement by the petitioner applicant that the sign required herein was posted not
25 less than thirty(30)days prior to the date set for the public hearing.
26
27 (c) In addition to such published notice, the petitioner-applicant, at his expense, shall
28 immediately, upon the adoption of the resolution fixing the date for a public
29 hearing and not less than thirty (30) days prior to the date set for the public
30 hearing, send a copy of the published notice to the owner of every parcel of land
31 abutting on the public street, road, alleyway, place or highway or any part or
32 portion thereof petitioned proposed to be vacated, closed, discontinued and
33 abandoned. The copy of the published notice shall be mailed to such owners at
34 their usual post office addresses, by registered "certificate of mailing"Twith-return
35 receipt-requested. When the return receipts are delivered to the petitioner, the
36 petitioner The applicant shall then prepare an affidavit indicating the abutting
37 parcels of land, the names of the owner(s) of such land, and the date and post
38 office address to which each copy of the published notice was mailed. The
39 petitioner applicant shall attach to the affidavit the return receipts postmarked list
40 of the notices which were mailed, and the names of all officially registered
41 neighborhood associations that were sent notice. The affidavit with return-receipts
42 shall be filed with the City Commission not less than fifteen (15) days prior to the
43 date of the public hearing. Should an error or omission occur in the sending of
44 these notices which requires re-advertisement of the notice of public hearing, the
45 petitioner applicant shall pay an additional charge of fifty dollars ($150.00) to the
46 Planning & Community Development Department to cover the costs and expenses
as a result of the error or omission. This payment shall be made at the time the
petitioner submits a written request addressed to the Community Development
4
Director and filed with the clerk of the Planning & Community Development
2 Department requesting a new date for a public hearing and setting out the reasons
3 for the request.
4
5
6
7 (d) When all or a majority of the alley rights-of-way within a platted subdivision or
8 within an area of four (4) or more contiguous blocks are included in a single
9 petition application, then the posting of signs, as referred to in subsection (a)
10 above, shall not be required for those alleys within that subdivision or for those
11 alleys within the four (4) or more contiguous blocks referred to above.
12
13 (e) The petitioner applicant shall also send written notice by "certificate of mailing",
14 entitled "Good Neighbor Notice for Vacating," no less than thirty (30) days prior
15 to the public hearing, to the officially registered neighborhood association, as
16 registered with the City of Opa-locka, in which the subject property is located, and
17 to all other officially registered neighborhood associations that lie within a two
18 hundred fifty (300) feet radius, including roads and streets, in all directions from
19 the subject property, from the boundaries of the subject proper ty right(s)-of-way.
20 If the subject parcel right(s)-of-way does not lie within the boundaries of an
21 officially registered neighborhood association or if no officially registered
22 neighborhood association exists within the distance measurements as required by
23 this subsection, the applicant shall mail the notice required herein to the closest
24 officially registered neighborhood association, as measured in a straight line, on
25 the "neighborhood association map."
26
27 Section 8. "Application of chapter to City Commission proceedings" is
28 hereby created by the following language:
29
30
31 Sec.8-. Application of chapter to City Commission proceedings.
32
33 Nothing contained in this chapter shall be deemed or construed as applying to any
34 proceedings instituted by the City Commission in their own discretion and on their own
35 motion relating to the vacating, closing, discontinuing and abandoning of any public street,
36 road, alleyway,place or highway or any part or portion thereof.
37
38 Section 9. "Vacating streets and alleys; payment of costs,expenses.",is
39 hereby created by the following language:
40
41
42 Sec. 9-. Vacating streets and alleys; payment of costs,expenses.
43
44 (a) The petitioner/applicant requesting that any public street,road, alleyway,place or
45 highway or any part or portion thereof be vacated, closed, discontinued and
46 abandoned shall pay all costs and expenses to be incurred by the city, as follows:
1) The petitioner/applicant shall pay an amount that is the average between the
assessed value and the market value5 of the vacated area. The assessed value
1 shall be obtained from the Miami-Dade County Appraisers Office and the market
2 value shall be obtained from private professional property appraiser(s).
3
4 2) For the handling and processing of the petition application,including the
5 publishing of notice of the public hearing;
6
7 3) For the posting of signs;
8
9 (4) For the publishing of the vacating ordinance, if the petition application is be
10 granted;
11 (5) For the recording of a certified copy of the ordinance in the office of the
12 clerk of the circuit court of the county;
13 (6) For the review of the petition application.
14
15 (b) A payment in the amount as established by resolution of the City Commission shall
16 be made by the petitioner applicant to the community development&planning
17 department before/with the petition is filed with the community development&
18 planning department submittal of the application. A receipt showing the payment to
19 the community development&planning department shall be attached to the
20 petition—application. No portion of this fee shall be refunded to the petitioner.
21 Should an error(by the applicant or his agent in the original petition application
22 occur that requires the filing of an amended petition application and re-
23 advertisement of notice of the public hearing, an the additional cost charge and
24 subsequent payment in the amount as established by resolution of the City
25 Commission to defray additional costs and expenses shall be made by the petitioner
26 applicant to the Community Development&Planning Department, before the filing
27 of the amended application will be rescheduled for a public hearing. A receipt
28 showing the payment to the city of this additional fee shall be attached to the
29 amended petition application. No portion of this additional fee shall be refunded to-
30 the petitioner.
31
32
33 Section 10. That should a court of competent jurisdiction declare any part of
34 this Ordinance invalid the remaining parts hereof shall not, in any way, be affected by such
determination as to the invalid part.
Section 11. That all ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of any conflict.
Section 12. That this ordinance shall take effect immediately upon becoming a
law.
6
1 PASSED AND ORDAINED BY THE CITY COMMISSION OF THE CITY OF
2 OPA-LOCKA,FLORIDA, ON
3
4 ATTEST:
5
6
7 MAYOR MYRA TAYLOR
8
9
10
11
12 CITY CLERK/DEPUTY CITY CLERK
13
14
15
16
17
18 APPROVED AS TO LEGAL
19 SUFFICIENCY BY:
20
21
22 E/S
23 JOSEPH GELLER
24 CITY ATTORNEY
25
26
27
28
7