HomeMy Public PortalAbout15-31 REPEAL THE CURRENT LAND DEVELOPMENT REGULATION 1St Reading: September 29, 2015
2nd Reading: October 28, 2015
Public Hearing: October 28, 2015
Adopted: October 28, 2015
Effective Date: October 28, 2015
Sponsored by: City Manager
ORDINANCE NO. 15-31
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO REPEAL THE CURRENT
LAND DEVELOPMENT REGULATION, THE ZONING GUIDE,
ORDINANCE 86-8 IN ITS ENTIRETY, REPLACING IT WITH
THE ADOPTION OF THE CITY'S PROPOSED LAND
DEVELOPMENT REGULATION (LDR)/ZONING CODE AND
THE PROPOSED ZONING MAP; PROVIDING FOR THE
REPEAL OF ALL OTHER CODE PROVISIONS AND
ORDINANCES INCONSISTENT WITH THIS ORDINANCE;
PROVIDING FOR SEVERABILITY AND CODIFICATION;
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the City of Opa-locka Planning Council recommended approval of the
City's proposed 2015 Land Development Regulation (LDR)/Zoning Code Ordinance and the
proposed Zoning Map after conduct public hearings; and
WHEREAS, the revised LDR and Zoning Ordinance and Zoning Map has been the subject
to Town Meetings and workshops; and
WHEREAS, the City Commission, after public hearing, desires to approve the revised
Zoning Code and repeal any inconsistent provisions of the City Code.
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. Attached as Exhibit "A" and incorporated by reference herein in its
entirety is the City of Opa-locka revised Land Development Regulations/Zoning Code and
Zoning Map, which the City Commission approves, adopts and directs to be codified into the City
Code and replace all inconsistent provisions of the Code.
Section 3 All ordinances or Code provisions in conflict herewith are hereby repealed.
Ordinance No. 15-31
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, distinct and independent provision and
such holding shall not affect the validity of the remaining portions of this Ordinance.
Section 5. CODIFICATION. This Ordinance shall be codified in the Code of Ordinances
when the code is recodified.
Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective
immediately.
PASSED AND ADOPTED this 28`" day of October, 2015.
y Wylor
Mayor
Attest to: Approved as to form and legal sufficiency:
Jo. na Flores Vincent T. Brown
Ci Clerk The Brown Law Group
City Attorney
Moved by: Commissioner Kelley
Seconded by: Commissioner Santiago
Commissioner Vote: 4-0
Commissioner Kelley: YES
Commissioner Pinder: OUT OF ROOM
Commissioner Santiago: YES
Vice Mayor Holmes: YES
Mayor Taylor: YES
2ND Neighborhood News I NEIGHBORS I SUNDAY OCTOBER 42015
MINMHERALD.COM
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CITY OF OPA-LOCKA,FLORIDA
NOTICE TO THE PUBLIC
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locks,Florida will hold public hearings at its Regular Commission Meeting on Wednesday,October 14,2015 at 7:00 p.m.in the Auditorium at Sherbondy Village,215 President Baack Obama(Perviz)Avenue,
Opa-locks,Florida to consider the following items:
SECOND READING ORDINANCE/PUBLIC HEARING:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO REPEAI.THE CURRENT LAND DEVELOPMENT REGULATION,THE ZONING GUIDE,ORDINANCE NO.86-8 IN ITS ENTIRETY,REPLACING
IT WITH THE ADOPTION OF THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION(LDR)/ZONING CODE AND THE PROPOSED ZONING MAP;PROVIDING FOR THE REPEAL OF ALL OTHER CODE PROVISIONS AND
ORDINANCES INCONSISTENT WITH THIS ORDINANCE;PROVIDING FOR SEVERABELITYAND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE(first reading held on September 28,2015).
RESOI.UTIONS/PUBLIC HEARINGS:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF SUNSHINE RECYCLING SERVICES,FOR SITE PLAN APPROVAL OF A TRUCKING OPERATION,WHICH INCLUDES
OFFICE,VEHICLE MAINTENANCE,VEHICLE PARKING AND EQUIPMENT STORAGE AS SHOWN IN THE SITE PLAN,AT 12980 NW 30T"AVENUE,OPA-LOCKA,FL 33054,ALSO IDENTIFIED BY FOLIO NO.08-2128-002-0100;
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC,FOR SITE PLAN APPROVAL TO CONSTRUCT A 100 FEET STEALTH CELLUTAR TOWER
INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN,AT 490 AI.I BABA AVENUE,OPA-LOCKA,FLORIDA 33054,ALSO IDENTIFIED BY FOLIO NO.084121-005-0440,PROVIDING FOR INCORPORATION OF
RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA TO CONSIDER THE REQUEST OF TOWERCOM LLC,FOR APPROVAL OF A DEVELOPMENT AGREEMENT TO CONSTRUCT A 100 FEET STEALTH
CELLULAR TOWER INSTALLATION DISGUISED AS A FLAGPOLE AS SHOWN IN THE SITE PLAN,AT 490 ALl BABA AVENUE,OPA-LOCKA,FLORIDA 33054,ALSO IDENTIFIED BY FOLIO NO.08-2121-005-0440;PROVIDING FOR
INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE DATE.
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORDIA TO CONSIDER THE REQUEST OF JOSEPH AND CINDY BARTON,FOR SITE PLAN APPROVAL OF AN EXISTING STRUCTURE'S PARKING LOT,
AND LANDSCAPE AT 14495 NW 22 AVE,OPA-LOCKA,FL 33054,ALSO IDENTIFIED BY FOI,I0 NO.08-21224054120;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR AN EFFECTIVE HATE.
Additional information on the shove items may be obtained in the Office of the City Clerk,780 Fisherman Street.40 Flom,Opa-locks,Florida.All interested persons ere encouraged tu attend these meetings and will be hoard with aspen to the public hearings.
In accordance with the Americans with Dlrabdih,a Act of 1990,persons needing special accommodations to participate in the proceeding should contact the Office of the City Clerk at(305)953-2800 for assistance no Idler than seven(7)days prior to the proceeding.If hearing impaired you nay telephone the Florida Relay Service at
OM)955-8771(TOY),(100)955-1770(Vmee),(877)955.8773(Spanish)or(877)955-8707(Creole).
PURSUANT TO FS 286.0105:Anyone who derires to appeal any decision made by any hoard,agency,or commission with respect to any matter,ow dered at such meedng or hearing will need a record of the proceedings,and for that reason,may need to claws that a verbal n record of the proceedings is made,which record
includes the testimony and nvdence upon which the appeal may be bared
JOANNA FLORES,CMC
CITY CLERK
Opo-Loch4
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City of Opa-Locka
Agenda Cover Memo
Commission Item Type: Resolution Ordinance Other
Meeting Date: September 23, 2015 (Enter X in X
box)
Ordinance Reading: 2 Reading
Yes No (Enter X in box) Reading
Fiscal Impact:
(Enter X in box) Yes No Yes. No
X Public Hearing:
(Enter X in box) X X
Funding Source: (Enter Fund& Dept) Advertising Requirement: Yes No
N/A N/A (Enter X in box) X
Contract/P.O. Yes No
Required: X RFP/RFQ/Bid #: N/A
(Enter X in box)
YEA t No Strategic Plan Priority Area Strategic Plan
Obj./Strategy:
Strategic Plan Enhance Organizational 0
Related Bus. & Economic Dev • Land Development
(EnterX in box) X Public Safety 0 Regulation /Zoning Code
Quality of Education 0
Qual. of Life & City Image IN
Communication 0
Sponsor Name City Manager Department: Community Development
Short Title:
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, TO REPEAL THE
CURRENT LAND DEVELOPMENT REGULATION, THE ZONING CODE, ORDINANCE 86-8 IN ITS ENTIRETY,
REPLACING IT WITH THE ADOPTION OF THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION (LDR)
/ ZONING CODE ORDINANCE AND THE PROPOSED ZONING MAP; PROVIDING FOR THE REPEAL OF ALL
OTHER CODE PROVISIONS AND ORDINANCES INCONSISTENT WITH THIS ORDINANCE; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE; PROVIDING FOR AN EFFECTIVE DATE;
1
Staff Summary:
The City of Opa-locka is undergoing major changes city wide. Part of the effort in supporting those changes,the City
was awarded a Community Challenge Grant by the US Department of Housing and Urban Development(USHUD) in
order to amend and update the City's Current Comprehensive Development Master Plan,to Create and adopt a new
Comprehensive Development Master Plan and in the process of updating the City's Land development
Regulation/Zoning Code.
This updated new Zoning Code proposed to create and is not limited to the following:
• Amending the existing Mixed-use overlay district, analyze current zoning and existing land use inconsistencies
and provide for consistency.
• Review the current Zoning Map for deficiencies, Rezone Properties as appropriate, identify the City's strengths,
weakness, opportunity and threats city wide and provide for strategic zoning regulations and Legislations
implementation procedures.
• Provide for adequacy and variety means in Uses Percentage composition of sustainable development and
services City wide
• Provide for Legislations and Development standards that promote safety, great aesthetic, greenery, innovation,
Sustainabilit and Accommodate Development study Massing.
• Evaluate and provide for adequate density and intensity as appropriate City wide.
• Promote and create Spatial diversity and development composition interdependency
• Make adequate provisions for Proposed Special Districts
• Existing Districts: 1. R-1 (Single Family Residential) 2. R-2 (Two Family Duplex) 3. R-3 (Moderate Density
Multi-family)4. R-4 (Medium density Multi-family) 5. R-TH (Residential Town House) 6. B-0 (Business Office
District) 7. B-1 (Commercial Neighborhood) 8. B-2 (Commercial Liberal) 9. B-3 (Commercial Intensive) 10. 1-1
(Limited Industrial) 11. 1-2 (Liberal Industrial) 12. I-2A(Liberal Industrial) 13. 1-3 (Industrial Planned
Development).
• Proposed Additional Districts: Downtown District, Magnolia North District, Special District, Industrial Districts,
etc.
• Map series: 1. Future Land Use Map (FLU)2. Zoning Map 3. Existing Land Use Map 4. Neighborhood Map 5.
Districts Map. Etc...
Local Community residents, Business Owners, Visitors, and Community Stake Holders participated in and provided
their input in this process of identifying the above mentioned and many other proposed criteria at the community
meetings that took place since this Zoning Code & Rezoning Initiative started.
Proposed Action:
- The Planning Council has recommended approval for the Opa-locka 2015 Land Development Regulations/
Zoning Code and Zoning Map initiative.
Attachments:
Opa-locka 2015 Land Development Regulations/Zoning Code
Zoning Map
Planning Council Meeting July 23,2015 meeting minutes
2
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Memorandum
TO: Myra L. Taylor, Mayor
Timothy Holmes, Vice Mayor
Terrence K. Pinder, Commissioner
Joseph L. Kelley, Commissioner
Luis B. Santiago, Commissioner
FROM: Roy Stephen Shiver Jr., City a
DATE: September 23, 2015
RE: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA, TO REPEAL THE CURRENT
LAND DEVELOPMENT REGULATION, THE ZONING CODE,
ORDINANCE 86-8 IN ITS ENTIRETY, REPLACING IT WITH
THE ADOPTION OF THE CITY'S PROPOSED 2015 LAND
DEVELOPMENT REGULATION (LDR) / ZONING CODE
ORDINANCE AND THE PROPOSED ZONING MAP;
PROVIDING FOR THE REPEAL OF ALL OTHER CODE
PROVISIONS AND ORDINANCES INCONSISTENT WITH
THIS ORDINANCE; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN THE CODE; PROVIDING
FOR AN EFFECTIVE DATE;
Request:
An ordinance of the City Commission of the City of Opa-locka, Florida, to repeal the
current Land Development Regulation, the Zoning Code, Ordinance 86-8 in its
entirety, replacing it with the adoption of the city's proposed 2015 Land
Development Regulation (LDR) / Zoning Code Ordinance and the proposed Zoning
Map; providing for the repeal of all other code provisions and ordinances
inconsistent with this ordinance; providing for severability; providing for inclusion
in the code; providing for an effective date;
Description:
The City of Opa-locka is undergoing major changes city wide. Part of the effort in supporting those
changes,the City was awarded a Community Challenge Grant by the US Department of Housing and
Urban Development(USHUD) in order to amend and update the City's Current Comprehensive
Development Master Plan,to Create and adopt a new Comprehensive Development Master Plan and in
the process of updating the City's Land development Regulation/Zoning Code.
1
This updated new Zoning Code proposed to create and is not limited to the following:
• Amending the existing Mixed-use overlay district, analyze current zoning and existing land use
inconsistencies and provide for consistency.
• Review the current Zoning Map for deficiencies, Rezone Properties as appropriate, identify the
City's strengths, weakness,opportunity and threats city wide and provide for strategic zoning
regulations and Legislations implementation procedures.
• Provide for adequacy and variety means in Uses Percentage composition of sustainable
development and services City wide
• Provide for Legislations and Development standards that promote safety, great aesthetic,
greenery, innovation, Sustainability and Accommodate Development study Massing.
• Evaluate and provide for adequate density and intensity as appropriate City wide.
• Promote and create Spatial diversity and development composition interdependency
• Make adequate provisions for Proposed Special Districts
• Existing Districts: 1. R-1 (Single Family Residential) 2. R-2 (Two Family Duplex) 3. R-3 (Moderate
Density Multi-family)4. R-4 (Medium density Multi-family) 5. R-TH (Residential Town House) 6. B-
0 (Business Office District)7. B-1 (Commercial Neighborhood) 8. B-2 (Commercial Liberal) 9. B-3
(Commercial Intensive) 10. 1-1 (Limited Industrial) 11. 1-2 (Liberal Industrial) 12. 1-2A (Liberal
Industrial) 13. 1-3 (Industrial Planned Development).
• Proposed Additional Districts: Downtown District, Magnolia North District, Special District, Industrial
Districts, etc.
• Map series: 1. Future Land Use Map (FLU)2.Zoning Map 3. Existing Land Use Map 4.
Neighborhood Map 5. Districts Map. Etc...
Local Community residents, Business Owners,Visitors, and Community Stake Holders took part in
participating and provided their input in this process of identifying the above mentioned and many other
proposed criteria at the community meetings that took place since this Zoning Code& Rezoning Initiative
started.
Financial Impact:
There are no immediate financial impacts associated with approval of this site plan.
Implementation Time Line:
Immediately
Legislative History:
The Repeal of Ordinance 86-8
Planning Council Recommendation:
Planning Council recommendation for approval passed by a 4-0 vote.
2
Staff Recommendation:
Staff has recommended approval
Attachment(s)
Opa-locka 2015 Land Development Regulations/Zoning Code
Zoning Map
Planning Council meeting July 23,2015 meeting minutes
Prepared By: The Corradino Group
Gregory Gay, Director
Planning and Community Development Department
Josue Leger,City Planner
Gerald Lee,Zoning Official
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MINUTES
PLANNING COUNCIL MEETING
THURSDAY,JULY 23, 2015
I ROLL CALL:
The Planning Council of the City of Opa-locka, Miami-Dade County, met in regular session on
Thursday, July 23, 2015 at 7:08 p.m. at Sherbondy Village,
215 Perviz Avenue. The following members of the Planning Council were present: Board
Member Germane Barnes, Board Member Elio Guerrero, Chairman Calvin Russell &Board
Member Rose Tydus.
Also in Attendance were Community Development Director, Gregory Gay, Zoning Official,
Gerald Lee, City Planner, Josue Leger, Secretary, Kinshannta Hall, and Deputy Attorney
Michael Pizzi.
II INVOCATION AND PLEDGE: Board Member Rose Tydus led the Prayer and the Pled e of
Allegiance was stated after the Prayer. g
III APPROVAL OF MINUTES: Discussion of Minutes from July 23, 2015 Meeting
Board Member Elio Guerrero asked if a motion could be made to have the minutes approved
from May 5, 2015 meeting. Board Member Germane Barnes made a motion to approve the
minutes from May 5, 2015 meeting and Board Member Rose Tydus second.
Page I 1
There being no discussion, the motion passed by a 4-0.
Germane Barnes - Yes
Elio Guerrero - Yes
Rose Tydus - Yes
Calvin Russell - Yes
IV. PUBLIC HEARINGS:
1. SUNSHINE RECYCLING SERVICE
12980 NW 30TH AVENUE, OPA-LOCKA, FLORIDA 33054
REQUEST: SITE PLAN APPROVAL FOR AN EXISTING STRUCTURE AND
TRUCKING OPERATIONS WHICH INCLUDES OFFICE, VEHICLE
MAINTENANCE, VEHICLE PARKING AND EQUIPMENT STORAGE.
Chairman: Can we have the applicant to come forward to present their application of their plan.
Mr. Rubio: Hello My name is Rick Rubio and the name of our company is Sunshine Recycling
Service is the name of our company. Mr. Attorney you said it is "Sun Recycling Service".
Attorney: I'm sorry it's "Sunshine Recycling Service".
Mr. Rubio: The plans for the property to be able to move in and add trucks operations and the
offices. As you may notice, does the power point work?
Mr. Gay: Unfortunately the power point is not available.
Mr. Rubio: If I can, rendering is a part of the presentation. The green building that is there.
There is fencing around it. Our proposal is to put greenery behind the fencing and shade it so you
can see it from the street. As you can see on your right is the side where there is the entrance to
go in and out of the property. Are there any other questions on the property?
Chairman: You haven't told me anything about the property yet.
Mr. Gay: Describe the operation that you will have on the property.
Mr. Rubio: Sunshine Recycling Service is a trash and recycling hauling company. We do not
process material. Take it to the appropriate proposal site. We also use the property to maintain
the trucks. The offices are in the front of the property.
Page 2
Member Tydus: Is there a limitation of the number of trucks?
Mr. Rubio: We had parking for 17 trucks and six feet in between each truck.
Chairman: What do you mean when you say "Maintenance"?
Mr. Rubio: Preventive Maintenance which includes Tires, Brakes, things of that nature. We
don't do transmissions or anything like that. We don't do engine rebuilds. Our corporate office
is in Ft. Meyers.
Chairman: So it's like a garage for repair?
Mr. Rubio: It's only for our trucks.
Ms.Tydus: So this is the only building that's going to be there?
Mr. Rubio: Yes, The only building and structure that's going to be there. The lot size is 40,096
SF approximately 3,100 SF Bldg.
Member Tydus: So this building is the office building?
Mr. Rubio: Yes, we utilize the office for our employees inside.
Member Tydus: When you say maintenance is that under a covered area?
The back of the building has a 20 foot shop door so you're able to pull your trucks inside the
garage. In a big closed garage. In front of the garage are the offices along with the offices
upstairs.
Chairman: Before you go further give us your name.
Mr. Upthegrove: I'm sorry my name is Robert Upthegrove I'm the owner. It use to be a
construction business. The property has been vacant for years.
Member Tydus: My reason for asking, I went by there and I didn't see this area you are talking
about.
Mr. Upthegrove: If you recall driving the property looking over the east side of the property
with the trees in the back. It's kind of hard to see any trucks drive in that area.
Chairman: If there are not anymore questions, "Thank You" sir.
Mr. Gay: I know that we are having technical issues, but staff will still be presenting so you can
have a better understanding.
Page 13
Mr. Leger: The site is an existing site and the structure is existing. The request is primarily for
the use. The request is a site plan approval request for Sunshine Recycling Services to occupy
the existing structure and the property for the following: Sunshine Recycling Services company
trucking operation which will include offices, vehicle parking/equipment maintenance and
storage. The location is 12980 NW 30th Avenue Opa-locka, FL 33054 Folio: 08-2128-002-0100
Size is 40,096 SF(0.92 AC). The existing structure is approximately 3,100 SF Bldg. The zoning
is I-2 (Liberal Industrial). Site Elements: The existing bldg. (Blue)proposed employee/visitors
parking (Yellow)proposed truck parking (Orange)proposed equipment, empty garbage
cans/containers storage (Purple) Ingress &Egress (Red Arrows).
Mr. Leger: The arrows represent vehicular circulation within the property. Staff recommends
approval for this site plan approval request for Sunshine Recycling Services to occupy the
existing structure and the property for the following: Sunshine Recycling Services Company
trucking operation which will include offices, vehicle parking/equipment maintenance and
storage along with the following conditions and are not limited to. Conditions within the Staff
Report provide employment opportunities to the City of Opa-locka residents any condition
within the restrictive covenant section of the site plan any additional recommendations from the
Planning Council Board Members and any additional recommendations from the City
Commission. Any additional questions?
Chairman: The maintenance part of the garage part is it zoned properly?
Mr. Leger: Yes, they can obtain occupational licenses COU, for the maintenance aspect of the
business.
Chairman: Public Hearing Open, For or against. Okay Public Hearing is closed. If we don't
have any further questions we can move it up or down.
Member Guerrero: I would like to motion to approve the site plan approval for Sunshine
Recycling item number one.
Member Barnes: I second.
Upon Roll Call, Motion passed 4-0
Germane Barnes - Yes
Elio Guerrero - Yes
Calvin Russell - Yes
Rose Tydus - Yes
Page 14
2.) APPLICANT NAME:
CITY OF OPA-LOCKA COMMUNITY DEVELOPMENT 135TH STREET BLDG B., OPA-
LOCKA, FL 33054.
REQUEST:
FOR THE PLANNING COUNCIL, TO RECOMMEND TO THE CITY COMMISSION TO
CONSIDER APPROVAL OF THE REPEAL OF THE CURRENT LAND DEVELOPMENT
REGULATION/ZONING CODE ORDINANCE 86-8 IN ITS ENTITY REPLACING IT WITH
THE ADOPTION OF THE CITY'S PROPOSED LAND DEVELOPMENT REGULATION
ZONING CODE ORDINANCE.
Chairman: With this item is there new information?
Mr. Gay: This is a second document that has been funded by US HUD apart of the Community
Challenge Grant from 2011. As late as last night, The Comprehensive Master Planned was
approved on second reading and adopted by the City Commission. This is the working
document. This is the LDR known as the Land Development Regulation, this is what the public
deals with on a daily basis. We have Mr. Bell who is with the Corradino Group and David Bell
Associates who have been involved with this process for about four years. Mr. Bell presentation
will be oral, he did provide a handout. You all have been provided with a copy of the LDR as
well. The great thing about this document, it is a living breathing document and its always
subject to modified. If you have any questions, please ask.
Mr. Bell: It's a pleasure to be before you tonight. The first part is the comprehensive plan sets
the broad policies for the city& sets the broad standards for development. We also did a concept
plan for the downtown area. The process we went by going through your existing land
development regulation which was old and outdated. It had a lot of gaps in between. We wanted
this document to be user friendly. We wanted you all to be able to find what you needed to find
in the document. We wanted it to be modern. So it's really being up to date. I'm going to go
through the document which consists of 300 pages or more. I'm just going to go through the
document and talk about the major parts of it. I will be happy to ask any questions. Chapter 1 the
general provisions it establishes the ground work for the regulations. We address non-
conforming uses, different ownerships, invested rights, etc. It's pretty standard. Chapter two is
your administrative provision it deals with the authority the various decision making. The third
chapter deals with the various things that you look at. Chapter four is the district and
development standards. This is a very important chapter that everyone is interested in. Chapter
five is the supplemental regulation exterior lighting, flea markets, home based businesses.
Page I5
Chapter six deals with parking and voting requirements. Chapter seven deals with landscaping
requirements. Chapter eight deals with the green standards. Chapter nine deals with currency
making sure water and sewer in place. Chapter ten is the sign code. Chapter eleven will be the
definitions and various relations throughout the code. I will be glad to ask any questions if you
have any.
Chairman: Anyone have any questions?
Member Barnes: Under what category would the shipping containers would be in?
Mr. Bell: Sheds are an accessory use we would have to go the use table. As far as housing that
would be in residential district.
Member Guerrero: I know you spoke about non-conforming, is it grandfathered in?
Mr.Bell: It would have to be grandfathered in. As long as the use is existing and it doesn't
change it continues as is.
Member Guerrero: What is D-restriction?
Mr.Bell: The city is not held reliable for enforcing. The city is not responsible.
Member Tydus: In Chapter 3, what is "LDR"?
Mr.Bell: Land Development Regulation. It's a document itself.
Member Guerrero: Does re-zoning come after approval or before?
Mr. Gay: There are a few parcels that we are aware of. We are looking at particular parcels so
we can go forth. Please bare in mind; a lot of the language is being utilized, adding additional
information. There are some things being identified.
Chairman: Commercial, 1,2, & 3 right? Some things are allowed in I-3 are not allowed in I-2?
With us reviewing will this allow the adjustment?
Mr. Gay: In the pass that code was more of a segregated code. We will be having an I-4 as well
which will be your junk-yards. Whatever allowed in higher will apply in low as well unless there
is a stipulation.
Chairman: Make sure it is community friendly to our residents. Our residents are in the midst of
this. Example, pollution,junk yards, industrial, and gas pumps. We want to make sure we
include our citizen hope Community Development consider friendly. I just want to make sure we
are(Resident Friendly) please make sure.
Mr. Bell: We are requiring buffering in between. We do try to protect the integrity.
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Member Barnes: Clarify new/zoning LDR plan is it for the structure or the actual auto also
includes tons of cars as well?
Mr.Bell: There are regulations. Visual buffering is in place, keep activities from out in the
opening. It is considerate.
Member Barnes: If I'm already in compliance with the old code will I be fined? Or will I be
excluded? How does the enforcement work for the new LDR if they've already been there?
Mr. Gay: As far as operational opportunities,it's not supposed to be visible. I know for other
municipalities during open hours the cars are allowed in the opening/operation hours. Some
cities allow, but at the end of the business day the cars have to be stored.
Member Barnes: Thank you. I know sometimes I drive down the street, get tired of seeing that
tons of cars.
Chairman: So many businesses going on and apt buildings so much operations going on. Some
things we can't stop. I hope this new plan works for us. I hope this plan fix the problem. It's a lot
of information for us to digest compared to Mr. Gay and his staff who works hard to do the best
that they can.
Mr. Leger: As I'm sitting there I hear your concerns. One of the major differences the industrial
part it looks like nobody cares, but the code that is in front of you we addressed some aspects
within the industrial. Some of the discussion creating industrial beautification.
Chairman: If we want to change this city we really have to make this document fit what's
around our citizens. Any more questions?
Chairman: Public Hearing open anyone for or against?
Jerry Mann: We have two properties I just want to get a handle on the new zoning? What's
going on? What is the time line?
Chairman: Are you speaking for the project or against?
Jerry Mann: Would I need to speak with Mr. Lee?
Mr. Gay: The timeline is now. If the commission decides to have additional details will take
more time. We are looking at another 2-3 months before approved of final document.
Jerry Mann: The final document?
Mr. Gay: Yes, if you are looking at something property specific,please come by our office. We
can see if you are in compliance.
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Attorney: Mr. Chairman if I might. The city of Opa-locka has not placed a moratorium on
people submitting zoning. Regardless how long this takes the city has not put a hole on him
submitting his application.
Member Guerrero: One last question, the zoning map is it the same as it was?Not property
specific
Mr. Gay: It's pretty much going to be the same as before. It's just going to be a category
changes. Right not we have the numbering which is out of sequence.
Member Guerrero: Will there be any changes in the future? The reason being I've seen in
certain areas where industrial is next to residential.
Mr. Gay: In that matter, we will consider that a specific case.
Chairman: Public Hearing Closed. Any more questions?
Member Guerrero: I motion to approve the repeal of the current land development
regulation/zoning code ordinance 86-8 in its entity replacing it with the adoption of the city's
proposed land development regulation zoning code ordinance.
Member Barnes: I second.
Upon Roll Call, Motion passed 4-0
Germane Barnes - Yes
Elio Guerrero - Yes
Calvin Russell - Yes
Rose Tydus - Yes
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V OTHER BUSINESS:
STAFF UPDATE
VI ADJOURNMENT
Board Member Elio Guerrero motioned to adjourn and Member Barnes seconded the motion.
Meeting adjourned at 8:10pm.
Page 19
Submitted by:
Kinshannta Hall
Planning Council Clerk
ATTEST:
Mr. Calvin Russell
Planning Council Chairman
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