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HomeMy Public PortalAbout16-07 CORRECT SCRIVENERS ERRORS IN ORDINANCE NO 15-31 THE LAND DEVELOPMENT CODE 1st Reading: July 27, 2016 2"d Reading: September 14, 2016 Public Hearing: September 14, 2016 Adopted: September 14, 2016 Effective Date: September 14, 2016 Sponsored by: City Manager ORDINANCE NO. 16-07 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO. 15-31, THE LAND DEVELOPMENT REGULATION / CITY ZONING CODE ORDINANCE; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 15-31, the City Commission of the City of Opa- locka approved and adopted the proposed Land Development Regulation (LDR)/Zoning Code Ordinance and the proposed Zoning Map after receiving an approval recommendation from the City Planning Council and after conducting public hearings; and WHEREAS, there were a number of Scrivener's errors found in Ordinance 15-31 by Planning & Community Development Department staff; and WHEREAS, staff have identified the errors in the LDR and presented them to the City Planning Council on June 7, 2016; and WHEREAS, the City of Opa-locka Planning Council recommended approval of the proposed Amendments to the LDR after conducting a public hearing; and WHEREAS, the City Commission, after public hearing, desires to approve the amendments to the LDR/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. Ordinance No. 16-07 Section 2. Attached as Exhibit "A" and incorporated by reference herein in its entirety is the amendments of the proposed scrivener's error corrections to the LDR. Section 3. All ordinance or Code provisions in conflict herewith are hereby repealed.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, 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 Ordinance when the code is re-codified. Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 14`h day of September, 2016. 6(1"1:-)(/// Myra L. Taylor Mayor • ttest to: Approved as to form and legal sufficiency: • 'p Jo nna Flores Vincent T. Brown Ci y Clerk The Brown Law Group City Attorney Moved by: COMMISSIONER RILEY Seconded by: VICE MAYOR HOLMES Commissioner Vote: 5-0 Commissioner Kelley: YES Commissioner Riley: YES Commissioner Santiago: YES Vice-Mayor Holmes: YES Mayor Taylor: YES 8NW NEIGHBORS THURSDAYS EMRER12016 0 FROM PAGE 6NW Ferrero Jr.Blvd.,Fort Lauderdale. CALENDAR Labor Day Weekend Celebration Just because summer has come to an end,doesn't mean the beachfront bashes have to.sbe's CITY OF OPA-LOCKA exhibitions.Sept.15:3O p.m.730 Stem,DJ Danis LaClave,and DJ oceanfront haven invites guests NOTICE TO THE PUBLIC p.m.Included in admission NSU Kenyi.A special music festival to join them anytime between Art Museum Fort Lauderdale One craft cocktail menu will be avail- noon and 6 p.m.where they'll be E.Las Olas Blvd.,Fort Lauder- able.All attending guests will be offering a good of fashioned NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka,Florida will hold American favorite BBQ menu.On public hearings at its Regular Commission Meeting on Wednesday,September 14,2016 at 7:00 PM in the dale. eligible for Sept e giveaways . 2-Sept.412 Saturday,internationally re- Sept. and raffles.at Sherbondy Village,215 Perviz Avenue,Opa-locka,Florida,to consider the following items: nowned DJ Aloona will be taking Friday,September p.m.F Miami.&Chain 1513 SW 8th St.,Miami. over the turntables.On Sunday SECOND READING ORDINANCES/PUBLIC HEARING: 2 and Monday DJ YSL will be spinning a unique style set to AN ORDINANCE OF THE CITY COMMISSION OF TFIE CITY OF OPA-LOCKA, FLORIDA, Second Annual Ball&Chain Saturday, send off the highly anticipated ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO.15-31, Music Festival Ball&Chain is September 3 weekend with a bang.Sept.3 excited to celebrate 81 years with THE LAND DEVELOPMENT REGULATION/CITY ZONING CODE ORDINANCE;PROVIDING a three-day music festival.Over Back-to-School Fun Day for -Sept.412 p.m.-6 p.m.Hyde FOR INCORPORATION OF RECITALS;PROVIDING POR AN EFFECTIVE DATE(FIRST READING Y y Beach Kitchen+Cocktails 111 5. HELD ON JULY 27.2016). 100 musicians and DJs are slated Families Nova Southeastern Surf Rd.,Hallandale Beach. to be on hand.The featured University,in partnership with bands will include PALO!,Spam Baptist Health South Florida and Miami's Vice City Rollers Family AN ORDINANCE OF T ILE CITY COMMISSION OF THE CITY OF CPA-1 OCKA, FLORIDA, Allstars,Magic City Hippies, Broward County,will host Jump- Day&Blood Drive Miami's Vice AMENDING ORDINANCE NO.90-7,CHAPTER 2,ARTICLE VI,DIVISION 1 OF THE CITY OF Electric Piquete,Tiempo Libre, start the School Year,a free City Rollers roller derby team will OPA-LOCKA,FLORIDA CODE.OF ORDINANCE,CREATING SECTION 2-230.2,ESTABLISHING The Politix,Lemon City Trio, family event.The event will host a family day and blood A"CONE OF SILENCE"POLICY FOR INVITATIONS TO BIDS,REQUESTS FOR PROPOSALS AND Vlade Divak,Leslie Cartaya, feature a dance party with fanta- drive.In addition to the chance OTIIIiR SOLICITATIONS;PROVIDING FOR SEV ERABILITY AND CODIFICATION;PROVIDING Barrio Active),Calle Sol,Lan- sy theatre factory,What's in Your to donate blood,there will be FOR AN EFFECTIVE DATE(FIRST READING HELD ON JULY 27.2016). zallamas,Sonlokos,Pepe Montes Lunch Boxwith Baptist Health food trucks,bounce houses, &Conjunto,Elastic Band,Nick South Florida,and ZUMBA kids. raffles,Pie a Skater,face-paint- AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, Tannura Quartet,Art Official, The event is recommended for ing,a DJ and more.Sept.3 2:30 AMENDING CHAPTER 2,ARTICLE VI,DIVISION I OF THE CITY OF CPA-LOCKA,FLORIDA Tony Succar featuring Mixtures, school-aged children and their P.m.-6:30 p.m.Free mvcrblood- CODE OF ORDINANCE,CREATING SECTION 2-325,ESTABLISHING A PROTEST PROCEDURE Aaron Lebos,Gene Paul,and families.Sept.3 1 p.m.-3 p.m.Free drive.eventbrite.com Suniland FOR INVITATIONS TO BIDS, REQUEST FOR PROPOSALS AND OTHER SOLICITATIONS; Lucy Grau.Special DJ sets in- Nova Southeastern University- Roller Hockey Rink 9300 5W PROVIDING FOR SEVERABILITY AND CODIFICATION; PROVIDING FOR CONFLICT AND dude:DJ Le Spam,DJ Danny Alvin Sherman Library 3100 Ray 152nd St.,Miami. REPEALER;PROVIDING FOR AN EFFECTIVE DATE(FIRST READING I IELD ON JULY 27,2016). RESOLUTIONS/PUBLIC HEARING' A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF CPA-I.00KA,FLORIDA,TO st CONSIDER THE REQUEST OF POLIMIX PROPERTIES,INC.FOR SITE PI.AN APPROVAL TO j' CONSTRUCT AND OPERATE A CONCRETE HATCHING FACILITY AT 14800 NW 24TH COURT, '',,,C3`M'i ON A 54,(00 SQUARE FOOT SITE OR 1.23 ACRES MORE OR LESS BY CALCULATIONS WHICH IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS 08-2122-025-0510 AND 08-2122-025-0500; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN CITY OF OPA-LOCKA,FLORIDA EFFECTIVE DATE'.. NOTICE OF BUDGET HEARINGS A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,TO FY 2016-2017 CONSIDER THE REQUEST OF POLIMIX PROPERTIES,INC.FOR DEVELOPMENT AGREEMENT APPROVAL.TO CONSTRUCT AND OPERATE A CONCRETE HATCHING FACILITY AT 14800 NOTICE IS HEREBY GIVEN that the City of Opa-locka City Commission will hold public NW 24Th COURT,ON A 54,000 SQUARE FOOT SITE OR 1.23 ACRES MORE OR LESS BY hearings at its First Budget Hearing on Tuesday,September 13,2016 @ 5:01 p.m.and Second CALCULATIONS WHICH IS COMPRISED OF TWO PROPERTIES IDENTIFIED BY TAX FOLIOS Budget Hearing on Tuesday,September 27,2016 @ 5:01 p.m.The purpose of the Budget 08-2122-025-0510 AND 08-2122-025-0510;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE,'. Hearings is to discuss and consider the FY 2016-2017 proposed budget for the City of Opa-locka. The meetings will he held in the Auditorium at Sherbondy Village,215 President Barack Ohama Additional Information on the above items may be obtained in the Office of the City Clerk,780 Fishermen (Perviz)Avenue,Opa-locka,Florida.All interested persons are encouraged to attend these meetings and Street,4th Floor,Opa-locka,Florida 33054.All interested persons are encouraged to attend this meeting will he heard with respect to the public hearings. and will be heard with respect to the public hearings. Agenda items may be viewed at the Office of the City Clerk,780 Fisherman Street,4.Floor,Dpa-locka, In accordance with the Americans with Disabilities Act of 1990,persons needing special accommodations Florida.Anyone desiring a copy of the agenda items should contact the City Clerk at 305.953.2800. to participate in the proceeding should contact the Office of the City Clerk at(305)953-2800 for assistance no later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone In accordance with the Americans with Disabilities Act of 1990,persons needing special accon:malations the Florida Relay Service at(800)955-8771(TTY),(8001955-8770(Voice),(877)955-8773(Spanish)or to participate in the proceeding should contact the Office of the City Clerk at 3(15.953.2800 for assistance no (877)955-8707(Creole) later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone the Eli Relay Service at 800.955.8771(CrY),800.955.8770(Voice),877.955.8773(Spanish)or 877.955.8707(Creole). PURSUANT TO ES 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 PURSUANT TO FS 2136.0105:Anyone who desires to appeal any decision made by any hoard,agency,or commission with proceedings.and for that reason,may need to ensure that a verbatim record of the proceedings is made, respect to any matter considered at such meeting or hearing will need a record of the proceeding.,,and for that reason,may which record includes the testimony and evidence upon which the appeal may be based c need to ensure that a verbatim record of the proceedings is made,which record includes the testimony and evUenre upon which the appeal maybe based. JOANNA FLORES,CMC CITY CLERK JOANNA FLORES,CMC CITY CLERK (.3-v p•LOq. C p yMrigl�N City of Opa-locka Agenda Cover Memo Commission Meeting Item Type: Resolution Ordinance Other Date: July 27, 2016 (Enter X in box) X Yes No Ordinance Reading: 1st Reading 2nd Reading Fiscal Impact: (EnterX 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 (EnterX 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 ObjJStrategy: Enhance Organizational N/A Strategic Plan Related Bus.&Economic Dev (EnterX in box) X Public Safety Quality of Education D Qual.of Life&City Image Communication Sponsor Name City Manager Department: Planning&Community Development Short Title: — An Ordinance of the City Commission adopting amendments to correct Scrivewrer's Errors in Ordinance 15-31, The Land Development Regulation/City Zoning Code Ordinance; Containing a repealer provision, severability clause and providing for an effective date. Staff Summary _ 1 Local Government is required by Florida Statute 163.3202 to adopt or amend and enforce land development regulations that are consistent with and implement the local government's adopted comprehensive plan. Local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall at minimum: regulate subdivision of land; regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space; provide for protection of potable water wellfields; regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management; ensure the protection of environmentally sensitive lands designated in the comprehensive plan; ensure safe and conveninent onsite traffic Agenda Cover-Amendments to Ordinance 15-31 LDR 06-30-16 1 flow, considering needed vehicle parking; maintain the existing density of residential properties or recreational vehicle parks if the properties are intended for residential use , as determined by the local governing authority...; This section shall be construed to encourage the use of innovative land development regulations. Background The City of Opa-locka 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 updateing 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, weakenss, opportunities and threats city wide and provide for strategic zoning regulations and legislations and implrmrntation procedures. • Provide for adequacy and variety in uses, presentage composition of sustainable development and for services City Wide. • Provide for Legislations and Development standards that promote safety, great aesthetics, greenery, innovation, Sustainability and accommodates development 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 Destricts. • 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. District Maps. 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 began. The City Commission adopted Ordinance 15-31, the new Land Development Regulation on October 28, 2015. Since this time, staff has reviewed this document and found scrivener's errors in the land development regulation. The attached document is the correction of the identified scrivener's errors. Proposed Action: Staff recommends approval of this Ordinance. Attachments: 1. Proposed Amendments to the City Land Development Regulations 2. Planning Council Meeting Minutes—June 7, 2016 3. Copy of Ordinance 15-31, adopted October 28, 2015 Agenda Cover-Amendments to Ordinance 15-31 LDR 06-30-16 2 Pp LOOK e - a, ��^oRaso Memorandum TO: Myra L.Taylor, Mayor Timothy Holmes, Vice Mayor John Riley, Commissioner Joseph Kelley, Commissioner Luis B. Santiago, Commissioner FROM: Yvette Harrell, Esq.Acting City Manager DATE: July 13, 2016 RE: AN ORDINANCE OF THE CITY COMMISSION ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE 15-31, THE LAND DEVELOPMENT REGULATION/CITY ZONING CODE ORDINANCE; CONTAINING A REPEALER PROVISION, SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. Request: An Ordinance of the City Commission adopting amendments to correct Scrivener's Errors in Ordinance 15- 31, The Land Development Regulation/City Zoning Code Ordinance; Containing a repealer provision, severability clause and providing for an effective date. Description: Local Government is required by Florida Statute 163.3202 to adopt or amend and enforce land development regulations that are consistent with and implement the local government's adopted comprehensive plan. Local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall at minimum: regulate subdivision of land; regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space; provide for protection of potable water well fields; regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management; ensure the protection of environmentally sensitive lands designated in the comprehensive plan; ensure safe and convenient onsite traffic flow, considering needed vehicle parking; maintain the existing density of residential properties or recreational vehicle parks if the properties are intended for residential use , as determined by the local governing authority...; This section shall be construed to encourage the use of innovative land development regulations. Background: The City of Opa-locka 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: Agenda Item- Amendments to Ordinance 15-31 LDR 06-30-16 1 • 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, weakens, opportunities and threats city wide and provide for strategic zoning regulations and legislations and implementation procedures. • Provide for adequacy and variety in uses, percentage composition of sustainable development and for services City Wide. • Provide for Legislations and Development standards that promote safety, great aesthetics, greenery, innovation, Sustainability and accommodates development 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. • 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. District Maps. 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 began. The City Commission adopted Ordinance 15-31, the new Land Development Regulation on October 28, 2015 by a 4-0 vote. Since that time, staff has reviewed this document and found scrivener's errors in the land development regulation. The attached document is the correction of the identified scrivener's errors. Financial Impact: There is no financial impact to the City to approve this ordinance. Implementation Time Line: Immediately Legislative History: Ordinance 15-31 Staff Recommendation: Staff recommends approval of this Ordinance. Planning Council Recommendation: Planning Council recommended approval of this Ordinance by a vote 4-0. Attachment(s) Proposed Amendments to the City Land Development Regulations Planning Council Meeting Minutes—June 7, 2016 Copy of Ordinance 15-31, adopted October 28, 2015 Prepared By: Planning & Community Development Dept Gregory Gay, Director Gerald Lee, Zoning Official Agenda Item - Amendments to Ordinance 15-31 LDR 06-30-16 2 (5 t1 I- r' 5C Wy, w m CJ M a�%v►A • 4°4' Q ii.0-all- "�✓ _ �� a , °- o cc R„ a 1 r �, e 4 1� � � 0 0 Niue 0 �� A 4 W w /A_ 4 > 0 LL C.) - }i Y0 00" p al w >1N 4413 0 ‘g* ` z w ec Z I— — — z o C� z 8 ari imuml Vi f'i J i -:. Z W M O J LLI 4 H W �r W 0 It i O --I U w ;:', 2 im: DMZ z Z Q W Z 0.' '0,-!: " 1� i. 0 w a 00 UUCC F ° z O � w � '' O Q F. W 4yop�v4"c 0 M Z oe g �C zoO r° ��,' waw i� '''I a C.) , �+`1 !II , ozQ � Z U o H o 4n 0 QO y0 �` z V '4110• `0 a' a , C Z 00 ' 011) ,.2, N. as g L F--es O LL N z '.0 O cc 1- 1111141C cc F- 4. H- W w U C) Z '. 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L1 O U o a 'z O .N W rJ°p,on•.a a _s 7,' F''V ' ,..1 .a bk oy a 11 tK° GO e a O VO 441°.x" `.Z� g0.' Q ff. � � rj Ln O w t A� Q) U c W O Z Z g e U z min 0 . e '. �I ct a a. 1.4 la A .4M° "5 O CC a'' 0 (...) ?,O n E 1.1J.. ' 0 ``' O . Z ct o >ii CO 5.i. U U E E ,. (0).0.0. ci) ,,,,!::,: 0 0 U U n 4 f I.oCI�a, 1. AC O 9 � , t o �r„' o1 Memorandum TO: Yvette Harrell, Acting City Manager FROM: Gerald Lee, Zoning Official/Planner Planning & Community Development Department DATE: July 18, 2016 RE: Fiscal Impact Statement The following Agenda Items (listed below) are scheduled for the July 27, 2016 City Commission meeting. None of these Agenda Items will have a negative fiscal impact on the City of Opa-locka. 1. Ordinance to adopt amendments to correct Scrivener's errors in Ordinance 15-31 Zoning Code 2. Resolution to consider approval of a site plan to construct and operate a concrete batching plant 3. Resolution to consider approval of a development agreement to construct and operate a concrete batching plant Cc: Gregory D. Gay, Director Planning & Community Development Dept. Statutes & Constitution :View Statutes : Online Sunshine Page 1 of 2 Select Year: 2016 V Go The 2016 Florida Statutes Title XI Chapter 163 View Entire COUNTY ORGANIZATION AND INTERGOVERNMENTAL Chapter INTERGOVERNMENTAL RELATIONS PROGRAMS 163.3202 Land development regulations.-- (1) Within 1 year after submission of its comprehensive plan or revised comprehensive plan for review pursuant to s. 163.3191, each county and each municipality shall adopt or amend and enforce land development regulations that are consistent with and implement their adopted comprehensive plan. (2) Local land development regulations shall contain specific and detailed provisions necessary or desirable to implement the adopted comprehensive plan and shall at a minimum: (a) Regulate the subdivision of land. (b) Regulate the use of land and water for those land use categories included in the land use element and ensure the compatibility of adjacent uses and provide for open space. (c) Provide for protection of potable water wellfields. (d) Regulate areas subject to seasonal and periodic flooding and provide for drainage and stormwater management. (e) Ensure the protection of environmentally sensitive lands designated in the comprehensive plan. (f) Regulate signage. (g) Provide that public facilities and services meet or exceed the standards established in the capital improvements element required by s. 163.3177 and are available when needed for the development, or that development orders and permits are conditioned on the availability of these public facilities and services necessary to serve the proposed development. A local government may not issue a development order or permit that results in a reduction in the level of services for the affected public facilities below the level of services provided in the local government's comprehensive plan. (h) Ensure safe and convenient onsite traffic flow, considering needed vehicle parking. (i) Maintain the existing density of residential properties or recreational vehicle parks if the properties are intended for residential use and are located in the unincorporated areas that have sufficient infrastructure, as determined by a local governing authority, and are not located within a coastal high-hazard area under s. 163.3178. (3) This section shall be construed to encourage the use of innovative land development regulations which include provisions such as transfer of development rights, incentive and inclusionary zoning, planned-unit development, impact fees, and performance zoning. These and all other such regulations shall be combined and compiled into a single land development code for the jurisdiction. A general zoning code shall not be required if a local government's adopted land development regulations meet the requirements of this section. (4) The state land planning agency may require a local government to submit one or more land development regulations if it has reasonable grounds to believe that a local government has totally http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String... 6/30/2016 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of 2 failed to adopt any one or more of the land development regulations required by this section. Once the state land planning agency determines after review and consultation with local government whether the local government has adopted regulations required by this section, the state land planning agency shall notify the local government in writing within 30 calendar days after receipt of the regulations from the local government. If the state land planning agency determines that the local government has failed to adopt regulations required by this section, it may institute an action in circuit court to require adoption of these regulations. This action shall not review compliance of adopted regulations with this section or consistency with locally adopted plans. (5) The state land planning agency shall adopt rules for review and schedules for adoption of land development regulations. History.—s. 14, ch. 85-55; s. 12, ch. 86-191; s. 14,ch. 93-206; s. 7,ch. 95-322; s. 6,ch. 96-416; s. 5, ch. 98-146; s. 20, ch, 2009-96;s. 188, ch. 2010-102; s. 6,ch. 2011-4; s. 6, ch. 2011-15; s. 1, ch. 2014-218. Copyright© 1995-2016 The Florida Legislature • Privacy Statement • Contact Us http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String... 6/3 0/2016 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`h day of October, 2015. I y IWylor Mayor Attest to: Approved as to form and legal sufficiency: Jo. a 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