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HomeMy Public PortalAbout14-14 Amending the Mixed Use Overlay District1 s` Reading: 2"d Reading: Public Hearing: Adopted: Effective Date: July 23, 2014 October 8, 2014 October 8, 2014 October 8, 2014 October 9, 2014 Sponsored by: City Manager ORDINANCE NO. 14-14 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, THE LAND DEVELOPMENT CODE, BY AMENDING THE MIXED USE OVERLAY DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR EFFECTIVE DATE WHEREAS, Chapter 163, Florida Statutes, empowers and requires the City to establish land use codes and provide for their administration, enforcement and amendment, and; WHEREAS, The City Commission amended the Land Development Code, Ordinance 86-8., by creating the Mixed Use Overlay District (MXUOD) Ordinance; adopted as Ordinance No. 13-21 on July 10, 2013; and WHEREAS, the Planning Council has recommended approval of the proposed amendments to the Mixed Use Overlay Ordinance. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. The recitals to the preamble herein are incorporated by reference. Section 2. The Land Development Code of the City of Opa-Locka, Ordinance 86-8, is hereby amended to amend the Mixed Use Overlay District (MXUOD) Ordinance, as follows: MXUOD — MIXED USE OVERLAY DISTRICT A. District Purpose The MXUOD district provides the opportunity for service -oriented retail, commercial and mixed -income housing within a pedestrian -friendly neighborhood with sustainable and environmentally responsive buildings and infrastructure. The district's close proximity to public transportation will support a variety of commercial, retail, moderate and high density multifamily housing types for a broad range of incomes and provides an opportunity to support existing industrial uses via retail outlets for their products. The combination of accessibility to public transit and housing will shape this district as an active mixed -use neighborhood. By bringing compatible land uses closer together, this district can encourage pedestrian - friendly environments which will promote the health and well-being of residents by encouraging physical activity, alternative transportation, and greater social interaction. Proposed developments should promote a variety of uses by providing ground floor active uses and open space through reduced parking capacities. ORDINANCE NO. 14-14 B. Development Characteristics: 1. Buildings and infrastructure should be sustainable and responsive to the environment to support the district as a sustainable neighborhood. 2. Service -oriented retail, commercial, office and mixed -income housing are encouraged to support the district as a sustainable neighborhood. 3. Retail uses may include small neighborhood retailers such as, small service retail, and destination retail such as specialty retailers, restaurants and grocery stores. 4. Transportation corridors should be used to enhance connectivity to regional and local transit hubs. 5. Urban design of the district, including landscaping, open space, and pedestrian oriented right-of-way improvements, will encourage the area to be a pedestrian friendly environment. C. Definitions a. Horizontal Mixed Use: Development where the different types of uses (Industrial, residential, commercial) are horizontally integrated. For site plans with multiple buildings, each building may be a separate use. b. Vertical Mixed Use: Development where the different types of uses (industrial, residential, commercial) are vertically integrated. c. Habitable Liner: Residential and/or Commercial units providing a fagade on the right-of-way, thereby screening parking garages located away from the right-of-way. d. Vocational Services. Job training and placement services, inclusive of establishments termed "Employment Centers." D. Eligibility and Application The MXUOD District shall only be applied to properties: a. Designated R-1, R-3, R-3A, R-4, B-1, B-2, B-3, B-0, I-1, 1-2, 1-3, and P; and b. Along the major transportation corridors which includes State Road 9, within the boundaries of the City of Opa-locka; NW 42nd Avenue, between NW 135th Street and East 65th Street; NW 135th Street, between NW 47th Avenue and NW 27th Avenue; Ali -Baba Avenue, between NW 37th Avenue and NW 151th Street; Opa-locka Boulevard, between Ali -Baba Avenue and NW 27th Avenue; NW 27th Avenue, between NW 127th Street and NW 151th Street; NW 22nd Avenue from NW 151th Street to NW 135th Street, and; Opa-locka Blvd. between NW 19th Avenue and NW 22nd Avenue; and/or c. As defined in the OPA-LOCKA MIXED -USE OVERLAY DISTRICT ZONING MAP (EXHIBIT A ATTACHED HERETO); and d. That can be served by public water and sewer. 2 ORDINANCE NO. 14-14 The boundary of the Mixed -Use Overlay District shall be shown on the Official Zoning Map of the City of Opa-locka and all parcels contained within the zone, which meet the eligibility section below, are able to utilize the provisions set forth in this ordinance, provided that in utilizing this standard, all aspects of the overlay are adhered to. All land uses and development, including but not limited to buildings, driveways, parking areas, streets, buffers, landscaping, and pedestrian/bicycle ways, shall be located and/or provided in accordance with the provisions of the City of Opa-locka Land Development Code and Code of Ordinances, and Miami -Dade County Subdivision Regulations, except as modified by this chapter. Where there are overlaps with other overlay zones, only one overlay zone shall apply. The standards of the overlay zone must be selected at the beginning of the site approval process, and all of the standards of only the selected overlay zone shall be applied in evaluation of the Master Site Plan. t . Within the boundary area defined on the Exhibit Map Exhibit A Attached hereto: 2. Application: Application of the Overlay shall be Residential/Commercial or Industrial/Commercial Mixed -Use only. Determination shall be based on the underlying zoning. Subareas: a. Residential/Commercial Mixed Use: For properties within the Mixed -Use Overlay District which are normally zoned R-1, R-3, R-3A, R-4, B-1, B- 2, B-0, or P. b. Industrial/Commercial Mixed -Use: For properties within the Mixed -Use Overlay District which are normally zoned normally zoned B-3, I-1, I-2, or I-3. c. In cases where the Master Site Plan involves parcels with different zoning: i. If the Master Site Plan contains multiple parcels which allows it to qualify for different Mixed -Use Subareas, the applicant shall be required to request a rezoning of the parcels to ensure that any vertical mixed -use structure conforms solely to either a Residential/Commercial or Industrial/Commercial designation. ii.Applicant may be required to request a rezoning in cases of horizontal mixed -use. iii. In all other cases, the zoning of the largest parcel shall apply. E. Uses Permitted Residential/Commercial Mixed Use: This section is for properties within the Mixed -Use Overlay District which are normally zoned R-1, R-3, R- 3A, R-4, B-1, B-2, B-0, or P. The following uses shall be permitted in the Residential/Commercial Mixed - Use subarea: 1. On first floor: 3 ORDINANCE NO. 14-14 a. Retail sales and services. b. Restaurants and other food service establishments. c. Child care centers. d. Home occupations. e. Multiple dwellings (including townhomes), and uses accessory to multiple dwellings, including: (1) Recreation facilities such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, putting greens and shuffleboard courts. (2) Lobby and Access Points for upper level residential units f. Parking lots and parking garages (commercial, public, and/or private); g• h. Museums, libraries, parks, open space and recreational areas. Places of public assembly. i. Live -work units j. Business, professional, and medical offices. k. Service Uses 1. Laundry and dry cleaning drop-off/pickup shops and minor repair only, toxic chemicals or pollutants are prohibited. m. Day Care Facilities n. Health Spas o. Medical and Dental Clinics p. Movie Theaters q. Playhouse or Stage Theaters r. Hotels s. Educational Facilities (Public and Private) t. Vocational Services u. Municipal buildings and uses Special Conditional Use: a. Gas stations (Provided that no other service station is closer than one - thousand (1000) feet) b. Passenger Terminals c. Religious facilities 4 ORDINANCE NO. 14-14 2. Second level and above: a. Business, professional, administrative, and medical offices. b. Home Occupations. c. Multiple dwellings and uses accessory to multiple dwellings, including: 1. Recreation facilities, including but not limited to cabana units, sauna units, recreation buildings, swimming pools, tennis courts, and basketball courts. d. Parking garages (commercial, public, and/or private). Grocery, Retail, and Service Uses e. Hotels f. Day Care Facilities g. Live -Work Units h. Educational Facilities (Public and Private) i. Vocational Services j. Rooftop Open Space and Recreational areas k. Municipal buildings and uses 3. Uses with a drive -through window or which provides a drive -up service shall be permitted as a special conditional use in the Mixed -Use Development Overlay District, even if the underlying zone permits such usage by -right. A Circulation Plan shall be required for developments with a drive -through window or a drive - up service and shall be subject to approval by the Site Plan's reviewing body. 4. Temporary outdoor retail sales (e.g., farmers' markets, festivals) not to exceed sixty (60) days per calendar year per property. For the purposes of this section a property shall be defined as by its Master Site Plan, regardless of the number of parcels which compose the property. No temporary use shall last for more than fourteen (14) consecutive days. Time between temporary activities shall be at least two (2) times as long as the duration of the prior temporary use. 5. At a minimum, ten (10%) percent of the aggregate floor area used for retail sales and services shall be of a character that serves the daily needs of the Mixed Use Overlay District residents and/or MXUOD employees. Such retail uses include but are not limited to shoe repair shops, ice cream shops, restaurants, drycleaners, beauty salons, barbershops, coffee shops, bakeries, nail salons, opticians, drug stores, tailors, and news shops. Industrial/Commercial Mixed -Use 5 ORDINANCE NO. 14-14 This section is specifically for sites normally zoned B-3, I-1, I-2, or I-3. The following uses shall be permitted in the Industrial/Commercial Mixed -Use subarea: 1. First Floor: a. Retail: Retail must be specific to the products produced on site and any accessory uses. b. Industrial Uses as specifically allowed by -right in the underlying district. c. Special Conditional Uses as provided for in the underlying district Special Conditional Use: i. Travel Center Facilities for trucks ii. Gas Stations (Provided that no other service station is closer than one -thousand (1000) feet) 2. Due to the potentially hazardous nature of the materials on the site, mixed - use development in Industrial/Commercial subareas shall be horizontal mixed -use only in cases where the hazardous nature of the Industrial use is deemed by the City to require spatial separation from retail. 3. Second Floor and Above: a. Industrial Uses as specifically allowed by -right in the underlying district. b. Parking garages (commercial, public, and/or private). c. Special Conditional Uses as provided for in the underlying district. F. Maximum Allowable Density and Intensity 1. Residential density shall not exceed one hundred fifty (150) units per gross acre for developments within the entire MXUOD area currently eligible for Residential/Commercial Mixed Use development. 2. Nonresidential intensity of Residential/Commercial Mixed -Use development shall be not less than a floor area ratio of 0.75 and shall not exceed a floor area ratio of 3.0. G. Site Development Standards 1. The proposed development is consistent with the Comprehensive Plan, any applicable specific plans, the intent, purpose, and development characteristics of this mixed -use overlay district, and, as conditioned, will not have substantial adverse effects on the surrounding property or uses. 2. The proposed development is appropriate for the site and location by fostering a mixture and variety of land uses within the district and the general vicinity, and harmoniously contributes to a synergistic relationship between uses. 3. Building Heights: Mixed -use buildings in the MXUOD may be built to a maximum height of six (6) stories, except to allow for architectural features, parapet, elevator overrides, machine room, etc. with the approval of FAA. All other buildings shall be limited to a maximum of four (4) stories in height, except to allow for architectural features. Stories are limited to fifteen (15) feet in height. 6 ORDINANCE NO. 14-14 The City may allow up to 8 stories, subject to FAA considerations for Opa-locka Airport, if the building conforms to one or more of the following: i. Affordable/Elderly housing provisions (30 years): 1. at least 10% of total units are reserved for very low- income households, defined as those making less than 80% AMI: or 2. 20% of total units are reserved for low-income households, defined as those making up to 150% of AMI: or 3. 50% of total units are reserved for qualifying senior citizens. ii. Provides public open space with superior landscaping, including, but not limited to, plazas, parks, and/or payments dedicated towards the provision of general public space in the City of Opa-locka. iii. Substantially contributes architecturally to the City's Moorish Architecture goals. 4. Residential/Commercial A. Ground Floor Commercial: a. Ground Floor Height. All commercial floor space provided on the ground floor of a mixed -use building must have a minimum floor -to -ceiling height of eleven (11) feet. b. Fagade. i. The entire building fagade must abut the right-of-ways listed in Section C, except when additional building setbacks are applied to allow for courtyards, outdoor seating areas, or other publicly accessible open space as part of the Master Site Plan. ii. For any ground level retail use, a minimum of 60% of the street -facing fagade, between two feet and eight feet in height must be comprised of clear windows that allow views of indoor space or product display areas. iii. Blank walls shall not compose more than 40% of the building's ground level fagade. The width limit of a blank wall on the wall plane is 2.5 times the height plane of the ground floor. c. Entrances. Buildings must have a primary entrance door facing a public sidewalk or open space, and which is clearly visible from the street. Entrances at building corners may be used to satisfy this requirement. Building entrances may include doors to individual shops or businesses, lobby, entrances, entrances to pedestrian -oriented plazas, or courtyard entrances to a cluster of shops or businesses. Primary entrances must allow ingress and egress to one of the major corridors noted in Section D. d. All other site development standards for commercial elements not expressively covered within this Overlay District shall defer to the strictest standards of the underlying zoned parcel(s) of the Master Site Plan. 7 ORDINANCE NO. 14-14 B. Residential a. Minimum dwelling unit size: One -bedroom — 550 sq. feet minimum Two -bedroom — 725 sq. feet minimum Studio Units_(Seniors Only)----440 sq. feet minimum, capped at 30 percent of the development. Above two -bedrooms — 725 sq. feet plus 175 sq. feet per bedroom minimum d. Density: Maximum 110 du/ac. except as provided for below: i. 25% increase in the number of housine units with the requirement. provided for by developer's agreement, that for the next 30 vears: 1. at least 10% of total units are reserved for very low- income households, defined as those making less than 80% AMI: or 2. 20% of total units are reserved for low-income households, defined as those making up to 150% of AMI: or 3. 50% of total units are reserved for qualifying senior citizens. ii. Up to a 15% bonus, at the discretion of the City, for projects which provides public open space or which substantially contributes architecturally to the City's Moorish Architecture goals. iii. Multiple bonuses may be applied. Density bonuses as provided herein are individually calculated from the base maximum density rate and independently added to the maximum density for the development. Bonus credits shall not be utilized to calculate other bonuses. e. Pedestrian Ways: Pedestrian ways or sidewalks, constructed of concrete, tile, paving, blocks, brick or other acceptable material, shall provide access from all multi -family structures to required off-street parking areas and recreational areas. Curbing shall be Type D as defined by FDOT standards. f. The City Manager or his/her designee may request the inclusion of recreational amenities. g. A maintenance building/space and office management space shall be provided. 5. Industrial/Commercial A. Commercial: a. In a vertical mixed use structure, up to 35% of the gross sq. ft. of a building instead of 20% shall be permitted for retail sales, provided that the site plan: i. Provides public open space with superior landscaping, including, but not limited to, plazas, parks, and/or payments dedicated towards the provision of general public space in the City of Opa-locka. ii. Substantially contributes architecturally to the City's Moorish Architecture goals. 8 ORDINANCE NO. 14-14 b. In a horizontal mixed -use development, where the retail use is in a separate structure from the associated industrial use, 100% of the gross sq. ft. may be utilized for retail services. c. For Master Site Plans abutting a R-1, R-2, R-3, R-3A, R-4, B- O, B-1, or B-2 district, retail uses shall be developed so as to create the frontage of the development facing these districts, with the exception of Travel Facilities for trucks. B. Industrial: a. For Master Site Plans abutting a R-1, R-2, R-3, R-3A, R-4, B- O, B-1, or B-2 district, industrial uses shall be developed so as to orient the industrial use of the development away from these as much as permissible within the Master Site Plan. b. All other site development standards for industrial elements not covered within this Overlay District shall defer to the strictest standards of the underlying zoned parcel(s) of the Master Site Plan. C. Travel Facilities for Trucks: a. For Master Site Plans within five hundred (500) ft. of a R-1, R-2, R-3, R-3A, R-4, B-0, B-1, or B-2 district, or where they face such districts across a right-of-way, Travel facilities for trucks shall be prohibited. b. The City may waive the five hundred (500) ft. restriction if that appropriate mitigation of negative factors on surrounding parcels, including, but not limited to, visual, environmental, noise, and smell are provided. 6. Off -Street Parking: Parking shall be provided pursuant to Article 8, entitled OFF-STREET PARKING AND LOADING REGULATIONS, subject to the following conditions: a. Parking Requirements -Developments that provide Affordable Housing may be reduced as stated below. In no event shall parking be reduced by more than sixty-five (65%) percent of the spaces required. i. The Planning Commission may provide a reduction of up to the limit of 65% based on special conditions, such as, but not limited to, shared parking and likely ridership for transit riders. b. The Facade of a parking garage that is not concealed behind a Residential or Commercial Habitable Liner shall be screened to conceal from view all internal elements in accordance with Article 8 G., including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location, and materials for such screening elements shall be reviewed as part of the site plan review process. c. Applicants may request a minimum parking stall area of 8 1/2' by 18', instead of 10' x 20', for 90 degree angled parking as mandated by Article 8; Access aisles shall be a minimum of 22' for 90 degree angled parking. d. A Traffic Study and a Parking Study by a Traffic Engineer shall be required. The traffic and parking studies shall be subject to review and approval by the reviewing body. A Circulation Plan shall also be required. 9 ORDINANCE NO. 14-14 e. Off-street parking in commercial retail areas shall either be behind or to the side of development with ground -floor retail along the street frontage. f. Structured parking and/or shared or joint parking is encouraged to maximize development potential in the mixed -use district. 7. Lot Coverage: The maximum building footprint within the MXUOD, per lot area, shall be as follows: Lot Area Less than 50,000 50,000 s.f. — 80,000 Greater than 80,000 90% 87% 85% 7. Building Setbacks: a. Yard setbacks shall be in compliance with the following minimum requirements: Minimum Front 5 feet Side Interior 0 feet Rear 5 feet b. The City may require additional setbacks on the ground floor for landscaping needs, recessed plazas and eating establishments with outdoor seating. Setbacks for such development shall be between ten (10) feet and fifteen (15) feet. This setback cannot be used for parking. In cases where the city requests such setbacks for the ground floor, the developer may elect to have upper stories follow standard building minimum setbacks. c. The City may, at its discretion, require setbacks for each story above the ground floor, based on road width, privacy of surrounding residential properties, and enhancement of the pedestrian realm. Exceptions: A. Additional setback may be required depending on existing street frontage. 8. Landscaping and Open Space: a. Landscaping shall be provided as per Article 7, Landscape Provisions, b. Exterior Lighting. Pedestrian areas need to be well -marked and well -lit. Exterior lighting shall be an integral part of the architecture and landscape design. Street lighting shall relate in scale to the pedestrian character of the area. Pedestrian lighting shall be provided at a pedestrian scale of three to twelve feet, with the source light being shielded to reduce glare, thereby encouraging safe access to these areas twenty-four hours per day. Overall, lighting and pedestrian zone lighting is needed but shall not create glare or light spillage off site or beyond parking lots and streets. 10 ORDINANCE NO. 14-14 c. Open Space: Open space shall be planted and maintained in accordance with the landscape plan that is approved by the Planning Council and City Commission, utilizing standards criteria from Article 4.4F.2 of the Land Development Code. d. Knee walls associated with landscaping shall be required. d. One 2 inch caliper or higher tree shall be required for each twenty (20) lineal feet of the lot line. Such trees along sidewalks shall be shade trees. e. Residential/Commercial developments shall have a minimum of one thousand (1000) square feet of common open space and 50 sq. ft. per tenant, or five percent (5%) or the lot area as common open space, whichever is greater. 9. Tree Protection: Trees must be adhered to in accordance with Ordinance 10-03 entitled Tree Protection Program. 10. Street Frontage: In cases where the Master Site Plan creates a development abutting streets not listed in Section C.b of this article, requirements regarding landscaping, facade, lighting, and other provisions of this Overlay District along right-of-way is expressively required for these rights -of -way. 11. Site Plan Review shall be required for projects exceeding 25% of the value of the existing development and shall follow the procedures listed in Article 4.4 of the Land Development Code. Redevelopment projects costing more than 25% of the value of the existing development are required to conform to the entire code. 12. Projects with costs at or below 25% of the value of the existing development and/or where the change is tenant -initiated and consists of one or two units may be approved administratively. 13. Developer's agreement shall be required. Section 3. 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. Section 4. CONFLICTS AND REPEALER. All Ordinances or parts of ordinances in conflict herein are hereby repealed. Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances when the code is re -codified. Section 6. EI~1~BCTIVE DATE. This Ordinance shall upon adoption, become effective immediately. 11 ORDINANCE NO. 14-14 PASSED AND ADOPTED THIS 8th DAY OF October, 2014. st to: Jo.��na Flores City Clerk Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: YRA TLOR MAYOR Approved as to form and legal sufficiency: J eph S Geller ENPOON MARDER PA ty Attorney COMMISSIONER HOLMES COMMISSIONER JOHNSON 5-0 YES YES YES YES YES 12 2ND I SUNDAY, AUGUST 31, 2014 REACH US EDITORIAL Suburban Editor .loan Chrissos 305-376-2635 jchrissos@MiamiHerald.com Edkor Mark Worth 305-376-3591 mworth@MiamiHerald.com Reporters Miami Gardens: Nadege Charles, 305-376-4566, ncharles@Miami Herakl.com; Hialeah: Joey Flechas. 305-376-3602, jflechas@Miami Herald.com; Religion: Bea Hines 305-376-2022 ext. 762, bhines@MiamiHerald.com Youth Sports Editor James Varsallone jyarsallone@MiamiHerald.com SdwW flews arichardson@MiamiHerald.com OTHER CONTACTS Advertiskm Liana Guilarte, 305-376-4645 Calendar desk/listings 305-376-3355 newscalendar@MiamiHerald.com Delivery problems 14800-THEHERALD 0-800-843-4372) ND • MIAMI GARDENS FMU TO HOLD TECH WORKSHOPS Florida Memorial Uni- versity will host two days of workshops and dis- cussions called #Hack- totheFuture as a part of the South Florida Youth Summit. The events begin 7 p.m. Friday on the university's campus,15800 NW 42nd Ave., with a town hall meeting. The summit continues from 9 a.m. to 4 p.m. Saturday with all -day tech workshops. The workshops and talks are free and are aimed at middle and high school students that have an interest in technology, coding and the business side of the industry. Through the Code Fever organization the students NEIGHBORHOOD NEWS will learn how to create a smartphone application, develop a startup business plan and build a website. For more information, email info@sfyouth summit.com. • NORTH MIAMI BEACH CHAMBER HOSTING FAMILY FUN DAY The Chamber of Com- merce of NMB and its Education Committee are hosting the EdFEST Fam- ily Fun Day on Sept. 28 for the families, students and teachers of the city. The event will take place at the Gwen Margo- lis Amphitheater located in the heart of the city, 16501 NE 16th Ave. The purpose of this fantastic event is to raise awareness of the wonderful schools and programs within our city and showcase the CITY OF MIAMI GARDENS NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Council for the City of Miami Gardens, Florida, will hold two public hearings on FY 2014/2015 Budget as follows: The first public hearing will take place, Wednesday, September 10, 2014, beginning at 6: 00 p.m. The second public hearing and adoption of budget will take place, Monday, September 22, 2014, at 6: 00 p.m. The public hearings will be held in the City Council Chambers, 18605 NW 27th Avenue, Miami Gardens, Florida 33056. ALL INTERESTED PARTIES are invited to attend and participate. For further information please contact the City Manager's Office at 305-914-9010. Ronetta Taylor, MMC City Clerk City of Miami Gardens amazing talent our stu- dents and teachers offer all the meanwhile provid- ing valuable information at the several information- al booths that will be on hand at the event. There will be games, food, contests and music all for the enjoyment of the guests. Admission is free for students under 18 and $1 for adults. For more information, go to www.nmbchamber .com. • HIALEAH GRANDPARENTS DAY CELEBRATION Talent Artistic Juvenile Inc. will host a Grandpar- ents Day show at 2 p.m. Sept. 7 at the Goodlet Theater, 4200 W. Eighth Ave. Organizers request a $10 donation, with a percent- MiamiHerald.com I MIAMI HERALD age of the proceeds going to the American Cancer Association. For more information, call Onix Morera at 305- 557-2407. • MIAMI-DADE EXPERIENCE SCUBA AT AD BARNES POOL Children, adults and veterans with disabilities will have an opportunity to escape gravity for a brief time and discover the weightless world of scuba diving, as part of the free "Diveheart Scuba Experience" kickoff from 10 a.m. to 4 p.m. on Sept.14 at AD Barnes Pool, 3401 SW 72nd Ave. The event is being pre- sented by the Miami -Dade County Parks, Recreation and Open Spaces Depart- ment's Disability Services Division in partnership with the Diveheart Foun- dation and Ortho Pro Associates. The event will include scuba demonstra- tions, rides on a mechan- ical dolphin and on -site registration for the Dive - heart Scuba Experience scuba diving classes. Diveheart classes will also be held at the pool on Oct. 4 and Oct. 25. Individuals must be at least 10 years old to partic- ipate in the scuba diving sessions. Participants will receive an introduction to scuba diving and scuba equipment. All scuba gear will be provided. Prere- gistration is required, as each participant is paired with a certified dive in- structor and volunteer. For more information, contact Terri Bukacheski at 305-598-9688 or tern@ orthoproassociates.com. CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold a public hearing at its Regular Commission Meeting on Wednesday, September 10, 2014 at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locka, Florida to consider the following item: SECOND READING ORDINANCE/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, THE LAND DEVELOPMENT CODE BY AMENDING THE MIXED USE OVERLAY DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 23, 2014). Sponsored by C.M. Additional information on the above item may be obtained in the Office of the City Clerk, 3400 NW 135t Street, Bldg. B, Opa-locka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. 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, 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. JOANNA FLORES, CMC CITY CLERK Ell MIAMI HERALD I MiamiHerald.com CITY OF HIALEAH GARDENS PUBLIC NOTICE NOTICE is hereby given that a PUBLIC HEARING will be held in the City Council Chambers at 7:30 p.m., Tuesday, October 7, 2014, at which time the following ordinance will be considered for final adoption. The proposed ordinance may be read at Hialeah Gardens City Hall, City Clerk's Office. All interested parties are urged to attend the meeting and be heard. ORDINANCE OF THE CITY OF HIALEAH GARDENS, FLORIDA, APPROVING A SITE PLAN AND VARIANCE FOR ACO INVESTMENT LLC TO PERMIT CONCERNING PROPERTY LEGALLY DESCRIBED AS: TRACT 5, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27845, PAGE 3507, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE EAST th OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE cm, OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27845, PAGE 3511, OF THE PUBUC RECORDS OF MIAMI-DADE COUNTY, FLORIDA.THE EAST 1/2 OF THE WEST Yx OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4355, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE EAST 14 OF THE WEST Yz OF THE WEST Yz OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDMSION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4351, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. THE WEST t/4 OF THE WEST 'h OF TRACT 6, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT-OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4347, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. TRACT 7, OF FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, ACCORDING TO THE MAP OR PLAT THEREOF AS RECORDED IN PLAT BOOK 2, PAGE 17, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA, IN SECTION 19, TOWNSHIP 52 SOUTH, RANGE 40 EAST, LESS THAT PORTION THEREOF AS DEEDED TO THE CITY OF HIALEAH GARDENS, A POLITICAL SUBDIVISION FOR ROAD RIGHT- OF-WAY PURPOSES, IN OFFICIAL RECORDS BOOK 27709, PAGE 4359, OF THE PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA. APPROXIMATE LOCATION: BETWEEN NW 109TM AVENUE AND NW 107' AVENUE AND BETWEEN THEORETICAL NW 147" STREET AND THEORETICAL NW 150" STREET, HIALEAH GARDENS, FL FOLIOS: 27-2019-001-0050, 27-2019-001-0063, 27-2019-001-0062, 27-2019-001-0061, 27-2019-001-0060 AND 27-2019-001-0070., PROVIDING FOR CONDITIONS; PROVIDING FOR EFFECTIVE DATE. In accordance with the Americans with Disabilities Act of 1990, persons needing special accommodation to participate in this proceeding should contact the City Clerk's office no later than four days prior to the proceeding. For assistance, the City's telephone number is (305) 558-4114; if hearing impaired the telephone for the Florida Relay Service is (800) 955-8771 (TDD) or (800) 955-8770 (VOICE). Maria L. Jaffee, City Clerk Page: NabesND_9, Edition:1st ND SUNDAY, SEPTEMBER 28, 2014 119ND CITY OF OPA-LOCKA, FLORIDA NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold a public hearing at its Regular Commission Meeting on Wednesday, October 8, 2014 at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President Barack Obama (Perviz) Avenue, Opa-locks, Florida to consider the following items: SECOND READING ORDINANCES/PUBLIC HEARING: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO AMEND ORDINANCE 86-8, IHE LAND DEVELOPMENT CODE BY AMENDING THE MIXED USE OVERLAY DISTRICT; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on July 23, 2014). Deferred from 09/10/2014 Regular Commission Meeting AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING ARTICLE VIII OF THE CODE OF ORDINANCE BY ADDING AND DELETIONS, TO REMOVE PEDDLERS AND REPLACE WITH STREET VENDORS AND/OR MOBILE VENDORS; PROVIDING FOR DEFINITIONS, PERMITS, REGULATIONS, AND REQUIREMENTS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT A -ND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 10, 2014). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA,AMENDLNG CITY ORDINANCE 86-8, LAND DEVELOPMENT CODE, ARTICLE IX. CITY OF OPA-LOCKA SIGN REGULATIONS TO PROVIDE PURPOSE AND INTENT, DEFINITIONS, PROCESS AND PROCEDURES, SIGNAGE DESIGN STANDARDS, SIGNS PERMITTED ACCORDING TO LOCATION AND SIGNS PROHIBITED ACCORDING TO LOCATION; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 10, 2014). AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 21, ARTICLE II, SECTION 21-77 OF THE CITY OF OPA-LOCKA CODE OF ORDINANCES, ENTITLED "SCHEDULE OF RATES GENERALLY" BY AMENDING PROVISIONS RELATED TO WATER, SEWER, AND STORMWATER RATES FOR FISCAL YEARS 2014-2015, 2015-2016, 2016-2017, 2017-2018 AND 2018-2019; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE (first reading held on September 17, 2014). Additional information on the above items may be obtained in the Office of the City Clerk, 3400 NW 135'" Street, Bldg. B, Opa-locka, Florida. All interested persons are encouraged to attend this meeting and will be heard with respect to the public hearing. 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, 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. JOANNA FLORES, CMC CITY CLERK Pub. date: Sunday, September 28 Section, zone: , DadeND Last user. cc Last change at: 20;10:39 September 25 61.0Z/ZZ/S0 :31VO Alepunag wpq-edo Waled Auedad speoa OonxW Oonxw pue6el luewpeded wewdolenep ftpunwwo3 pue Buluueid :Aq paiedaid �g '-lalleg ulnleN Je9eueyy Ala iepea ydesor Fewow Apa swlou euueor Ven 4!3 o8egues •g uolsslwwoa uosutlor Rylwoa .feuolsslwulo3 sawloN A1.401u11 ieuolsslww00 AepeN ydesor '.IoAeyy-eoln JolAe1 euivg �oFeiy dew siaiiisia BuiuoZ evovedo jo Aim lee j 0001a 000' 0 Mi n1 ie* ■EIN 71111 l riu: 111111111 11111111111 euAluun P1f11111111 :111,111111 J I Oil' - 111 11- -II- ET-2 per. filif O�l. Mom_ = 117 ■UIt■: �� (Willat•HI� uunll: - mma 1111■ Hudu■ ntuucutl t�- _! ■ I ti■ItIU' 1111■11■I■11111111■I , Al11AleA Wow 11111 •.111 any ,14 111811� 1 wuur_�i r_ 11.�mm�!nr. neuw ■6ir�iH � 11 1 1 I1111 1111111111111 111 11111111 .!I 1111■11 m .: rumen _• H1111111 1f1111111 n:unuu r11111111 ■1■1111■ •111111/ 111111111/ •1!!IWE 41111111111 •I 1111111■ ■I ■1a1111■ ■■ ne: ■111111■ 111111111111 441RnTi P Weems 111111111. ■8111N1 ■1111111 •11111111 11111111 1111111/1 111111a1W_ 111111 '' ::; 111111111fllflr q 111 1■IIIII! ■II■11. ■1111= a T z :__ (aonxw) AYMI3n0 3sn 03xiw City of Opadocka Agenda Cover Memo Commission Meeting Date: July 23, 2014 Item Type: (EnterX in box) Resolution Ordinance Other X Fiscal Impact: Yes No Ordinance Reading: (EnterX in box) 1't Reading 2nd Reading X X Public Hearing: (Enter X in box) Yes No Yes No X X Funding Source: NIA (N/A) Advertising Requirement: (EnterX in box) Yes No X Contract/P.O. Required: (EnterX in box) Yes No RFP/RFQ/Bid #: N/A X Strategic Plan Related (EnterX in box) Yes No Strategic Plan Priority Enhance Organizational Bus. & Economic Dev Public Safety Quality of Education Qual. of Life & City Image Communication Area: Strategic Plan Obj./Strategy: N/A X mi NE • • Sponsor Name City Manager Department: Community Development Short Title: Request an Ordinance of the City Commission of the City of Opa-locka to Amend Ordinance 86-8, The Land Development Code, to Amend the Mixed Use Overlay District Ordinance 13-21. Staff Summary The City Commission adopted Ordinance 13-21 on July 11, 2013 to create the Mixed Use District which established permitted uses, defined the points of eligiblilty, and identified the major transportation corridors where mixed use would be allowed. This ordinance did not identify the parcels that would be that would be eligible to take advantage of the additional development options. This amendment provides identification of the eligible parcels and provides additional Site Development Standards for Industrial /Commercial mixed use. The amendment was reviewed and recommended for approval by the Planning Council at the July 1, 2014 Planning Council meeting by a vote of 3-0. Proposed Action: Staff recommends approval of this Ordinance amendment. Ord 13-21 Amendment 14-7-23 1 Attachments: 1. Draft of Amendment Ordinance to Mixed Use Overlay Ordinance 13-21 2. Ordinance 13-21 Ord 13-21 Amendment 14-7-23 2 Memorandum TO: Myra L. Taylor, Mayor Joseph Kelley, Vice Mayor Timothy Holmes, Com issione Dorothy Johnson, Com ission Luis B. Santiago, Commi ion FROM: Kelvin L. Baker, Sr., City Ma DATE: July 14, 2014 RE: Request an Ordinance of the City Commission of the City of Opa-locka to Amend Ordinance 86-8, The Land Development Code, to Amend the Mixed Use Overlay District Ordinance 13-21. Request: Request an Ordinance of the City Commission of the City of Opa-locka to Amend Ordinance 86-8, The Land Development Code, to Amend the Mixed Use Overlay District Ordinance 13-21. Description: The City Commission adopted Ordinance 13-21 on July 11, 2013 to create the Mixed Use District which established permitted uses, defined the points of eligibility, and identified the major transportation corridors where mixed use would be allowed. This ordinance did not identify the parcels that would be eligible to take advantage of the additional development options. This amendment provides identification of the eligible parcels and provides additional Site Development Standards for Industrial /Commercial mixed use. The amendment was reviewed and recommended for approval by the Planning Council at the July 1, 2014 Planning Council meeting by a vote of 3-0. Financial Impact: There is no financial impact to the City to adopt this ordinance. Implementation Time Line: Immediately Legislative History: Ordinance 13-21 Staff Recommendation Staff recommends approval of this Ordinance to amend Ordinance 13-21 Ord 13-21 Amendment 14-7-23 Planning Council Recommendation: The Planning Council recommended approval of amendment to Ordinance 13-21. Attachment(s) 1. Draft of Amendment to Ordinance 13-21 2. Ordinance 13-21 Prepared By: Gerald Lee, Zoning Official Gregory D. Gay, Community Development Department Director 2 Ord 13-21 Amendment 14-7-23 1st Reading: June 12, 2013 2nd Reading July 10, 2013 Public Hearing: July 10, 2013 Adopted: July 10, 2013 Effective Date: July 11, 2013 Sponsored by: City Manager ORDINANCE NO.13-21 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CITY ORDINANCE 86-8, LAND DEVELOPMENT CODE, ARTICLE 3.1 ESTABLISHMENT OF DISTRICTS TO CREATE A MIXED USE OVERLAY DISTRICT. FURTHER TO CREATE ARTICLE 6.15 MIXED USE OVERLAY ZONING DISTRICT, PROVIDING DISTRICT PURPOSE, DEVELOPMENT STANDARDS, PERMITTED USES, AND ELIGIBILITY, FOR MAJOR TRANSPORTATION CORRIDORS OF THE CITY OF OPA-LOCKA, TO INCLUDE STATE ROAD 9, NW 42nd AVENUE, FROM NW 135th STREET TO EAST 65th STREET; NW 135TH STREET, FROM NW 47TH AVENUE TO NW 27TH AVENUE; ALI BABA AVENUE, FROM NW 37TH AVENUE TO NW 151sT STREET; OPA-LOCKA BOULEVARD FROM ALI BABA AVENUE TO NW 27TH AVENUE; NW 27TH AVENUE, FROM NW 127TH STREET TO NW 151sT STREET; AND NW 22ND AVENUE, FROM NW 135TH STREET TO NW 151sT STREET; PERMITTED USES SHALL INCLUDE, RETAIL, OFFICE, EDUCATIONAL FACILITIES, PUBLIC FACILITIES, PARKING STANDARDS AND HEIGHT LIMITATIONS; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, Section 163.3202, Florida Statutes, mandates the City of Opa-locka compile Land Development Regulations consistent with its Comprehensive Plan into a single Land Development Code; and ORDINANCE NO.13-21 WHEREAS, pursuant to this statute the City Commission of the City of Opa-locka adopted the Unified Land Development Regulations Code (ULDR), Ordinance 86-8, as amended from time to time; and WHEREAS, the City Commission desires to further amend the ULDR, based upon public participation and advice from the City of Opa-locka Community Development Department and City of Opa-locka Planning Council; and WHEREAS, the City Commission has determined that the proposed amendments further a legitimate public purpose; and WHEREAS, the City Commission has conducted public hearings to consider these amendments to the ULDR in a manner consistent with the requirements set forth in Section 166.041, Florida Statutes. NOW, THEREFORE, BE IT DULY ORDAINED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, as follows: Section 1. Recitals The recitals to the preamble herein are incorporated by reference Section 2. Adoption The amendment set forth in Exhibit " A " attached hereto and made a part hereof, is hereby adopted. Section 3. Interpretation of Captions All headings of articles, sections, paragraphs, and sub -paragraphs used in this Ordinance are intended for the convenience of usage only and have no effect on interpretation. Section 4. Providing for Reveal of Laws in Conflict ORDINANCE NO.13-21 All local laws and ordinances in conflict with any provisions of this Ordinance are here by repealed to the extent of such conflict. Section S. Severability If any section, paragraph, sentence, clause, phrase, word, map, diagram, or any other item contained in this Ordinance is for any reason held by the Court to be unconstitutional, inoperative, void, or otherwise invalid, such holding shall not affect the remainder of this Ordinance. Section 6. Inclusion in the Unified Land Development Regulation Code The provisions of this Ordinance shall be codified in the Unified Land Development Regulation Code and may be recognized, renumbered, or re -lettered to effectuate the codification of this Ordinance. Section 7. Providine for an Effective Date The ordinance shall become effective in the manner provided by law. PASSED AND ADOPTED this it day of July, 2013. Attest to: .1 : Flores City Clerk Approved as to form and legal fficienc Jo "p . eller G ENS OON MARDER PA C Attomey ORDINANCE NO.13-21 Moved by: Seconded by: Commission Vote: Commissioner Holmes: Commissioner Johnson: Commissioner Santiago: Vice -Mayor Kelley: Mayor Taylor: COMMISSIONER HOLMES VICE MAYOR KELLEY 4-1 YES NO YES YES YES EXHIBIT "A" PART 1. Unified Land Development Regulations Code (ULDR), Section 3.1 is amended as follows: 3.1 ESTABLISHMENT OF DISTRICTS PART 2. SYMBOL DISTRICT MXUOD Mixed Use Overlay District ULDR, Article 6 is amended by adding the new Section , Mixed Use Overlay District, as follows: MXUOD — MIXED USE OVERLAY DISTRICT P� District Purpose The MXUOD district provides the opportunity for service -oriented retail, commercial and mixed -income housing within a pedestrian -friendly neighborhood with sustainable and environmentally responsive buildings and infrastructure. The district's close proximity to public transportation will support a variety of commercial, retail, moderate and high density multifamily housing types for a broad range of incomes. The combination of accessibility to public transit and housing will shape this district as an active mixed -use neighborhood. Proposed developments should promote a variety of uses by providing ground floor active uses and open space through reduced parking capacities. B Development characteristics 1. Buildings and infrastructure should be sustainable and responsive to the environment to support the district as a sustainable neighborhood. 2. Service -oriented retail, commercial, office and mixed -income housing are encouraged to support the district as a sustainable neighborhood. 3. Retail uses may include small neighborhood retailers such as, small service retail, and destination retail such as specialty retailers, restaurants and grocery stores. 4. Transportation corridors should be used to enhance connectivity to regional and local transit hubs. C. Application The MXUOD District shall only be applied to properties designated R-1, R-3, B-1, B-2, B-3, B-O, I-1, I-2 and I-3, [Moderate and High Density Residential], Public, Semi -Public, Industrial and Commercial in the Future Land Use Map, that are along the major transportation corridors which includes State Road 9; NW 42nd Avenue, from NW 135th Street to East 65th Street; NW 135a Street, from NW 47° Avenue to NW 271° Avenue; Ali -Baba Avenue, from NW 37s' Avenue to NW 151d Street; Opa locka Boulevard, from Ali -Baba Avenue to NW 27ffi Avenue; NW 2'7te Avenue, from NW 127a' Street to NW 151 d Street (EXHIBIT ATTACHED). The boundary of the district shall be shown on the Official Zoning map of the City of Opa-locka and all parcels contained within the zone, which meet the eligibility section below, are able to utilize the provisions set forth in this ordinance. All land uses and development, including but not limited to buildings, driveways, parking areas, streets, buffers, landscaping, and pedestrian / bicycle ways, shall be located and / or provided in accordance with the provisions of the City of Opa-locks Land Development Code and Miami -Dade County Subdivision, except as modified by this chapter. D. Eligibility Properties may use the Mixed Use Overlay District Ordinance if they meet the following criteria: 1. Can be served by public water and sewer 2. Identified in the applicability section 3. Have an R-1, R-3, R-TH, I-1, I-2, 1-3, B-1, B-2, B-3, B-O and P zoning designation E. Uses Permitted 1. At ground level: a. Retail sales and services. b. Restaurants. c. Child care centers. d. Home occupations. e. Multiple dwellings (including townhomes), and uses accessory to multiple dwellings, including: (1) Community garages. (2) Recreation facilities such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, putting greens and shuffleboard courts. f. Parking lots and parking garages (commercial, public, and/or private); g• Museums, libraries, parks, open space and recreational areas. h. Places of public assembly. i. Live -work units. j. Business, professional, and medical offices. k. Laundry and dry cleaning pickup shops. 1. Temporary outdoor retail sales (e.g., farmers' markets, festivals) not to exceed thirty (30) days per calendar year. 2. Above ground level: a. Business, professional, and medical offices. b. Home occupations. c. Multiple dwellings, and uses accessory to multiple dwellings, including: 1. Community garages. 2. Recreation facilities, such as cabana units, sauna units, recreation buildings, swimming pools, tennis courts, and basketball courts. d. Parking garages (commercial, public, and/or private). 3. No permitted use shall be allowed a drive -through window or provide a drive -up service. 4. At a minimum, ten (100/0) percent of the aggregate floor area used for retail sales and services shall be of a character that serves the daily needs of the Mixed Use Overlay District residents and/or MXUOD employees. Such retail uses include but are not limited to shoe repair shops, ice cream shops, restaurants, drycleaners, beauty salons, barbershops, coffee shops, bakeries, nail salons, opticians, drug stores, tailors, and news shops. F. Maximum Allowable Density and Intensity 1. Residential density shall not exceed one hundred fifty (150) units per gross acre for developments within the MXUOD area. . 2. Nonresidential intensity shall be not less than a floor area ratio of 0.15 and shall not exceed a floor area ratio of 3.0. G. Site Development Standards 1. Building Heights: No building or structure, shall be erected or altered in the MXUOD to a height exceeding four stories or forty-five (45) feet, except to allow for architectural features, parapet, elevator overrides, machine room, etc with the approval of FAA. 2. Minimum dwelling unit size: 11= Qng-bedroom — 550 sq, feet minimum Tvvo-bedroom — 725 sq. feet minimum c. Studio Units----440 sq. feet minimum (Seniors Only) capped at 30 percent. 3. Off -Street Parking: Parking shall be provided pursuant to Article 8, entitled off- street parking and loading regulations, ULDR, subject to the following conditions: a. Parking Requirements -Developments that provide Affordable Housing may be reduced as stated below. In no event shall parking be reduced by more than sixty-five (65%) percent of the spaces required. i. A thirty-five percent (35%) reduction in required parking is permitted within a MXUOD. ii. Developments that provide Housing for the Elderly may be reduced and may be allowed to provide a maximum of one Pig spy per every two Dwelling Units provided as Elderly Housing, upon showing that the reduction in off-street parking is justified in view of the nature and type of prospective occupancy and the economic circumstances involved, and that the impacts for such reduction are not likely to unduly burden traffic and parking facilities in the neighborhood. b. The Fagade of a parking garage that is not concealed behind a Habitable Liner shall be screened to conceal from view all internal elements in accordance with Article 8 G. including, but not limited to, vehicles, plumbing pipes, fans, ducts and all lighting. The size, location, and materials for such screening elements shall be reviewed as part of the site plan review process. Requesting parking stall area of 81/2 ft by 18 ft, instead of 10' x 20', for 90 degree angled parking; Access aisles shall be a minimum of 22 ft for 90 degree angled parking instead of 23 ft. Parking Study shall be required by a Traffic Engineer. 4. Lot Coverage: The maximum building footprint within the MXUOD, per lot area, shall be as follows: Less than 50,000 s.f. 50,000 s.f. — 80,000 s.f. Greater than 80,000 s.f. 90% 87% 85% 5. Building Setbacks: Yard setbacks shall be in compliance with the following minimum requirements: M Minimum Front 10 feet Side Interior 0 feet Rear 5 feet 6. Landscaping and Open Spaced Landscaping shall be in compliance with Article 8, ULDR. 7. Tree Protection: Trees must be adhered to in accordance with Ordinance 10-03 Entitled Tree Protection Program. 8. Site Plan Review shall be required. 9. Developer's agreement shall be required. 10. Open space shall be planted and maintained in accordance with the landscape plan that is approved by the Planning Council and City Commission. 11. Landscaping shall be provided as per Article 7, Landscape Provisions. £ 1OZ `6 Alnr :ales luawpedea luewdolanea Awnwwoa cat("Jr 'umwe M piemoH :As paiedaid i SHOala1:103 NOI1d1a0dSNY81 a0rbw 3ONdN101:10 AV183A0 3S11-a3Xlw 1181HX3 a)1801-11d0 Pufloe smpu00 uoMalwdsuail wfwg ;main o6ellues 8 slni Jauolssiwwoa uosuyor &lima Jeuolssiwwoa sawloH Atignu11 Jauolsslwwoa i(alla>l ydasor `JoAew-aoiA aoiAel Wiry JoAm aonxw -1181HX3