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HomeMy Public PortalAbout17-06 AMENDMENT CORRECT SCRIVENERS ERRORSIN ORDINANCE "THE LAND DEVELOPMENT ZONING CODE ORDINANCE 1st Reading/Public Hearing: March 08, 2017 2nd Reading/Public Hearing: April 12, 2107 Adopted: April 12, 2017 Effective Date: April 12, 2017 Sponsored by: City Manager ORDINANCE NO. 17-06 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S ERRORSIN ORDINANCE 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 identified the errors in the Zoning Map and presented them to the City Planning Council on October 4, 2016; and WHEREAS, the City of Opa-locka Planning Council recommended approval of the proposed Amendments to the Zoning Map after conducting a public hearing; and WHEREAS,the City Commission, after public hearing, desires to approve the amendments to the Zoning Map 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 amendments of the proposed scrivener's error corrections to the Zoning Map. Section 3. All ordinance or Code provisions in conflict herewith are hereby repealed. Ordinance No. 17-06 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 re-codified. Section 6. EFFECTIVE DATE. This Ordinance shall upon adoption, become effective immediately. PASSED AND ADOPTED this 12th day of April, 2017. My .Taylor Mayor Attest to: Approved as to form and legal sufficiency: Joan`: Flores Vincent T. Brown City clerk The Brown Law Group City Attorney Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER RILEY Commissioner Vote: 5-0 Commissioner Holmes: YES Commissioner Riley: YES Commissioner Pigatt: YES Vice-Mayor Kelley: YES Mayor Taylor: YES 8N W SUNDAY APRIL 22011 NEIGHBORS MIAMIHERALD.COM ri ,m• TAKE YOUR SAVINGS CITY OF OPA-LOCKA,FLORIDA FROM ORDINARY. . . NOTICE TO THE PUBLIC NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Florida will hold public hearings at its Regular Commission Meeting on Wednesday, April 12,2017 at 7:00 p.m. in the Auditorium at Sherbondy Village, 215 President Barack Obama(Perviz)Avenue,Opa-locka,Florida to consider adoption of the following ordinances: SECOND READING ORDINANCES/PUBLIC IIEARING: 36-MONTH AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, ADOPTING AMENDMENTS TO CORRECT SCRIVENER'S Al-- IN ORDINANCE NO. 15-31, THE LAND DEVELOPMENT 0/O1 REGULATION / CITY ZONING CODE ORDINANCE; PROVIDING FOR APY INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE(first reading held on March 08,2017). Sponsored by City Manager AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF CERTIFICATE OPA-LOCKA, FLORIDA, ADOPTING AMENDMENTS TO ORDINANCE NO. 15-31, THE LAND DEVELOPMENT REGULATION / CITY ZONING OF DEPOSIT CODE ORDINANCE,ARTICLE X,SIGN REGULATIONS;PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR CODIFICATION AND SEVERABILITY; PROVIDING FOR AN EFFECTIVE DATE(first reading held on March 08,2017). Sponsored by City Manager AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OP O EXTRAORDINARY! OPA-LOCKA, FLORIDA, AMENDING CHAPTER TER OF . .1.1 OF THE CITY OF I OPA-LOCKA CODE OF ORDINANCES FOR HISTORIC PRESERVATION TO REQUIRE ARABIAN/MOORISH ARCHITECTURE MOTIFS FOR ALL NEW CONSTRUCTION EXECUTED ON PROPERTIES THAT WERE DESIGNATED AS HISTORIC AND LISTED ON THE FEDERAL HISTORIC REGISTRY THEN WERE GRANTED A CERTIFICATE OF APPROPRIATENESS FOR OPEN YOUR CD ACCOUNT TODAY! DEMOLITION;PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; PROVIDING STOP BY YOUR LOCAL BRANCH OR VISIT FOR INCLUSION IN THE CODE;PROVIDING FOR AN EFFECTIVE DATE POPULARCOMMUNITYBANK.COM/CD-SAVINGS. (first reading held on March 22,2017).Sponsored by City Manager Additional information on the above items may be obtained in the Office of the City Clerk, 780 Fisherman Street,4'"Floor,Opa-locka,Florida.All interested persons are encouraged to attend these meetings and will be hear)with respect to the public hearings. � i$ 'POPULAR IR In accordance with the Americans with Disabilities Act of 1990, persons needing special <9l COMMUNITY BANK. accommodations to participate in the proceeding should contact the Office of the City Clerk at PopularComrtl I to Ett (305)953-2800 for assistance no later than seven(7)days prior to the proceeding.If hearing impaired,you may telephone the Honda Relay Service at(800)955-8771(TTY),(800)955-8770 1.Prornralian legion on March 15,201 T and espies onMay 15,2017.Popular Comrnunity Bank,in Is sole di scretion. (Voice),(877)955-8773(Spanish)or(877)955-8707(Creole). reserves the right to change or terminate this offer at any tine.Itds offer is available in all Popular Community sank branches and via our webslle www.popularcommunitybank.com.lb quality for the promotional Annual Percentage PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board, Yield(APY),new or existing customers must open a 3-Year CD with a required minimum balance and opening agency,or commission with respect to any matter considered at such meeting or hearing will need deposit of$1,000 in new money.Now money is defined as deposits not previously held with Popular Community a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the Bank.APY assumes principal and interest remain on deposit until maturity.A penalty will be imposed for early proceedings is made,which record includes the testimony and evidence upon which the appeal withdrawal.Fees may reduce earnings on the account.Promotional Rate is valid on the initial 3 year term.•Banco may be based. Popular North Amenca(referred to herein as our or"Popular Community Bank")is a member of the FDIC and operates under the assumed name'Popular Community Bank°in the markets in which it operates.Accordingly, JOANNA FLORES,CMC Popular Community Bank and Banco Popular North America are the same FDIC-insured institution. ©20t7 Banco Popular North America.Member FDIC. CITY CLERK OQp-�oCkQ. O Op V D� F APOwn.?,�O City of Opa-locka Agenda Cover Memo Commission Meeting March 8,2017 Item Type: Resolution Ordinance Other Date: (Enter X in box) X Yes No Ordinance Reading: 1st Reading 2nd Reading Fiscal Impact: (Enter X in box) X X .Public Hearing: Yes No Yes No X (Enter X in box) X X Funding Source: (N/A) Advertising Requirement: Yes No N/A _ (Enter X in box) X Contract/P.O. Required: Yes No (Enter X in box) X RFP/RFQ/Bid#: N/A Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Enhance Organizational D N/A Strategic Plan Related Bus.& Economic Dev (EnterX in box) X Public Safety D 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 of the City of Opa-locka, Florida to correct scrivener's errors in Ordinance 15-31, The City Zoning Map as per Section 22-9 and 22-10 of the Land Development Regulation; 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; Staff Summary 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 Ordinance to Correct Scrivener's errors in the LDR-Zoning Map 3-8-17 1 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: • 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 Zoning Map and pursuant to Section 22-9 and Section 22-10 of the Land Development Regulation the following amendments to the Zoning Map are recommended. The attached Zoning Map displays the correction of the identified scrivener's errors. This request was presented to the Planning Council at a public hearing on October 4, 2016. The Planning Council recommended the corrections to the Zoning Map as submitted by a 4-0 vote. Proposed Action: Staff recommends approval of this Ordinance. Attachments: 1. Proposed Amended Zoning Map 2. Planning Council Meeting Minutes—October 4, 2016 3. List of Zoning Map Corrections (Amendments) Ordinance to Correct Scrivener's errors in the LDR-Zoning Map 3-8-17 2 4 O 'm ` lla"r'iK.R�" ! 2 ry Memorandum TO: Myra L.Taylor, Mayor Joseph Kelley, Vice Mayor Matthew Pigatt, Commissioner John B. Riley, Commissioner Timothy Holmes, Commissioner FROM: Yvette Harrell, Esq., City Manager DATE: February 22, 2017 RE: An Ordinance of the City Commission of the City of Opa-locka, Florida to correct scrivener's errors in Ordinance 15-31, The City Zoning Map as per Section 22-9 and 22-10 of the Land Development Regulation; 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 correct scrivener's errors in Ordinance 15-31, The City Zoning Map as per Section 22-9 and 22-10 of the Land Development Regulation; 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: 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: Ordinance to Amend the LDR-Zoning Map • 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 zoning map and pursuant to Section 22-9 and Section 22-10 of the Land Development Regulation, the following amendments to the Zoning Map were recommended. The attached Zoning Map displays the correction of the identified scrivener's errors. This request was presented to the Planning Council at a public hearing on October 4, 2016. The Planning Council recommended the corrections to the Zoning Map as submitted by a 4-0 vote. Financial Impact: There is no financial impact to the City to approve this Ordinance. Implementation Time Line: Immediately Legislative History: Ordinance 15-31, adopted October 28, 2015 Staff Recommendation: Staff recommends approval of this Ordinance. Planning Council Recommendation: Planning Council recommended approval of this Ordinance by a vote 3-0. Ordinance to Correct Scrivener's errors in the LDR - Zoning Map 3-8-17 2 Attachment(s) Proposed Amended Zoning Map Planning Council Meeting Minutes—October 4, 2016 List of Zoning Map Corrections (Amendments) Prepared By: Planning & Community Development Dept Gregory Gay, Director Gerald Lee, Zoning Official Ordinance to Correct Scrivener's errors in the LDR - Zoning Map 3-8-17 3 Lura. Jryr ®« PLANNING COUNCIL MEETING TUESDAY,October 4, 2016 ROLL CALL: The Planning Council of the City of Opa-locka, Miami-Dade County, met in a special session on Tuesday, October 4, 2016 at 7: 05 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 Lloyd Tyler. Absent Board Members: Board Member Rose Tydus. Also in Attendance were Planning&Community Development Director, Gregory Gay, Zoning Official, Gerald Lee, Administrative Assistant, Kinshannta Hall, and Attorney Vincent Brown. II INVOCATION AND PLEDGE: Board Member Lloyd Tyler led the Prayer and the Pledge of Allegiance was stated after the Prayer. III APPROVAL OF MINUTES: Discussion of Minutes from October 4,2016 Meeting Board Member Elio Guerrero asked if a motion could be made to have the minutes approved from October 4, 2016 meeting. Board Member Germane Barnes made a motion to approve the minutes. Board Member Lloyd Tyler second the motion. There being no discussion, the motion passed by a 3-0. Germane Barnes - Yes Elio Guerrero - Yes Lloyd Tyler - Yes IV. PUBLIC HEARING: 1 P , s 1. OPA INDUSTRIAL PARK,LLC 2040 NW 141 STREET, OPA-LOCKA, FL 33054 REQUEST: A RESOLUTION OF THE PLANNING COUNCIL OF THE CITY OF OPA-LOCKA, FLORIDA TO CONSIDER THE REQUEST OF OPA INDUSTRIAL PARK, LLC FOR A TENTATIVE PLAT APPROVAL FOR THE PROPERTY AT 2040 NW 141 STREET. Graham Fernandez: Good Evening Everyone, I'm Graham Fernandez. My address is 200 South Biscayne Blvd. I'm here representing the applicant. This is a simple request. We are asking to re-plat these six lots. We want to utilize the building on the property. The building was built in 1968. The building crossed all of the lots. I have a graphic if you want to see. The original plat had an easement in it for utilities. The existing building was built on top of that easement. The easement was never needed. Our client wants to come in and clean up the record and properly reflect the existing building, but the only way we can do that is go through the platting process. There is no new development proposed. There is no change in development proposed. We want to remove the easement and allowing the industrial building to remain where it is. We are here for any questions you may have. Member Guerrero: Is the building encroaching on any setbacks with the new code after we re-plat? Graham Fernandez: It is grandfathered. It was built legally under the code that existed at the time. The city deems it to be grandfathered. It's not encroaching on any property lines other than this easement. Member Barnes: If you change the easement will it allow you to do any new future development? Graham Fernandez: If someone wants to knock down that building, it would give them the flexibility. It would be supportive of that goal. Member Tyler: Do you have utility service there? Graham Fernandez: The property is served by utilities. It's been built and it has service from the street. It never needed the easement for utilities. Member Barnes: Can you show the graphic please? 2 I F, z, 3 c= Graham Fernandez: This is the original plat that was platted in 1956. Our lots are between 20th avenue and 20th court it's in the north end. Mr. Gay: You should have a copy of the actual plat within your package. Graham Fernandez: There is a dash line that runs down the center of the lot. That was the easement that was set aside for utilities. The guy who built the building in 1968 built it right on top of it. Our plat is very simple. We have a picture that is similar to staff where we fit in surrounded by other industrial uses. Member Barnes: Does the city have any other recommendations? Mr. Gay: We do have a presentation if you want to hear it but we do recommend approval since it is a clean up to the existing conditions on the property. Member Guerrero: The easement was designated after the building was built? Mr. Gay: No the easement was designated prior to. This building was built without consideration of where easements fell between that particular time. Somehow this building was approved and we don't have that information available. The building exist and the property owner wants to do some improvements but he is tied because of the issues related to the plat. Our recommendation was the best way to resolve as to re-plat the property. Member Guerrero: Is the easement still used for the purpose intended? Mr. Gay: No. Member Guerrero: What legal avenue would there be to un-designate the easement? Shouldn't that be something we do first. Mr. Gay: This is the legal way to do it. There is no other way to do it. Member Barnes: Let's say this move forward they have the new plat and someone else comes in and knock down the building. Do they have to abide by the new code we have now or do they get to use the old grandfathered one? Mr. Gay: That will be up to the developer at that time. Member Guerrero: How many other lots are affected? Mr. Gay: These are all under the same ownership. It only affects this property. There are other buildings to the south that are also encroaching but they haven't approached us. It would have to been done on a case by case basis. Mr. Gay: I would like to reflect that our chairman has joined the dais. 3 I I) < `, (_ Chairman Russell: I'm just getting the update. If this property wasn't built properly shouldn't we try to correct this? I think it's time to correct some of these things. Community development we really have to work hard. It's time to fix some of this stuff. I'll put it on the record. I live in Opa-locka. When you all go home to your nice condos, I'm still on 1210 Peri Street. We really need to fix this stuff instead of trying to put a bandage on it. Graham Fernandez: I don't mean to interrupt but this applicant is doing the right thing. He inherited this problem so he's fixing it. Chairman Russell: I understand that. At some point we have to fix it so we won't keep having the same problems. We should be trying to fix it. These are the things we are fighting every day. Everything is a mess that's all I'm saying. I have nothing against the applicants. Graham Fernandez: The benefit of re-platting this property to everyone is that it's going through the entire analysis. If there are real issues in this tiny little corner then this guy is going to be required to fix it. This is the proper way to clean this up. This will help in a small way to improve the quality of life in that neighborhood. Member Guerrero: If the building already existed what prompted the re-platting? Graham Fernandez: the current owner purchased the property and saw that there was an easement. He has taken it upon himself to do it the right way. Mr. Gay: If I could add some clarity. Over the years there have been a lot of projects that have been brought to the city and some of them pre-date the previous zoning ordinance. In a lot of cases people would go through a process with the county and not with the city to find out what they need to do. In some cases they would build whatever they want to build. You have a good amount of buildings that has been build for the past 40-60 years. In some cases we don't catch up with some of these things until a project comes along. We have roads where there haven't been dedication. So those roads should not be there. We are coming back and making those requests and you will see these projects come before you. We are going through the process and cleaning up the past. It's hard to go backwards over a mistake that was done numerous years ago. If we are in a position to fight for it which we are entitled to I've seen municipalities where they have been on the losing end of it. Chairman Russell: We need to enforce it then that we have setbacks. I don't care if it was done fifty years ago. It can be done. I just want to see some of this stuff cleaned up so we won't have to continue to fight these battles. Member Guerrero: Any other questions? Okay Public Hearing is open. Public Hearing is closed. Member Guerrero: Can we get a motion? 4 If' s c.. Member Barnes: I move to approve the request of Opa Industrial Park, LLC for a tentative plat change for the property at 2040 NW 141 Street. Member Tyler: I second. There being no discussion, the motion passed by a 3-1. Germane Barnes - Yes Elio Guerrero - Yes Calvin Russell - No Lloyd Tyler - Yes 2. CITY OF OPA-LOCKA THE CITY OF OPA-LOCKA, FL 33054 REQUEST: AN ORDINANCE OF THE PLANNING COUNCIL OF THE CITY OF OPA-LOCKA, FLORIDA,TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE 15-31, THE CITY 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; Mr. Gay: Mr. Lee is here to make the presentation. As we continue to utilize our zoning code sometimes we noticed these particular errors have been made. We are coming back to make those corrections. Mr. Lee: The changes we are recommending are the groups that are listed here. Some of them we are removing the downtown mix use over lay from certain properties. Another group we are removing the corridor mix use overlay. The other is changes of zoning to B-2, changes of zoning to multi-family R-3, and changes of zoning to civic district. If you look at the map there are different places around the city. The properties on 42nd avenue are being removed from the overlay. I want to make sure they you are clear on what we are trying to do. I have notes on each individual map to give you an indication of where those things are. Those are things that will clean up the zoning. Some of them we had an overlay where it shouldn't be. One of them we are adding an overlay. Three of them we are changing the zoning from one district to another so we could enhance uses and give better opportunities to the city. They follow the same path that the zoning code did. Somehow some of these changes were missed. The police department didn't 5IPafe have the right zoning. There is a park on 143`d street south of the school. It should be civic. These errors should have been corrected on the first time around. This is a cleanup. Member Guerrero: Are these changes due to errors made in the map or amendments to the ordinance or changes when you finally saw the map you figured it would be better zoned in different ways? Mr. Lee: They were changes that were supposed to be a part of what was approved but they didn't make it to the final map. Mr. Gay: There were errors in mapping, on NW 42 avenue just south of the airport there are two properties owned by the government entity one of them being city of Opa-locka Public Works and the State of Florida driver's license. The mix use over lay is associated with this and mix use over lay should not be applied to any government zoned property. There are six to seven areas where this occurs which is 42 avenue and 27 avenue. Those are areas we are eliminating that overlay from those particular properties because they will not be utilized. If they were to go from public to private use there will have to be an action where you would have to change the zoning. We are going through and making the corrections on the maps Member Guerrero: Why not just leave them the zoning that's abutting them? Mr. Gay: we are changing it to the zoning that is abutting them. Mr. Lee: For instance, if you look at the corner of Ali-Baba. There is a property that is zoned industrial but when you see the property they have commercial uses that they are taking advantage of. Mr. Gay: We are coming back and making those corrections. Member Guerrero: Any other questions? Public hearing is open? Okay, Public hearing is closed. Member Guerrero: Can we get a motion? Member Barnes: I move to approve the recommendation from the City of Opa-locka to amend the current zoning based off of scrivener's errors in accordance to ordinance 15-31, the city zoning map; providing for the repeal of all other code provisions and ordnances inconsistent with this ordinance. Member Tyler: I second. 6I ago There being no discussion, the motion passed by a 4-0. Germane Barnes - Yes Elio Guerrero - Yes Calvin Russell - Yes Lloyd Tyler - Yes 7 I I' STAFF UPDATE VI ADJOURNMENT Chairman Calvin Russell adjourned the meeting at 7:38pm. Submitted by Kinshannta Hall Planning Council Clerk ATTEST: Calvin Russell Chairman 8 I 1 g x, 1st Reading: September 29, 2015 2"d 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. 10/ / 4r y 1111r4lor 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 a 52 ao 0 1Z E `o o 6A A 3 I yn ,zTM m w 4 1 q Y AU ! O ik.--\:;:-.:-.-':-.), \ ' , ,, 1 ..-:-1, , v--;-..,:.--..--.,,7 : -r ff--,,,---;'ii , .=.1i\tv::°,-,..-:---,,, N - i -.:',::;:-:,>" 1,:r.,,,,,,, :::1‘,A,::,,,:v,>::':::1---:.:‘,7,:c.:7: M"- --'7";,..'.41,."' ',';',",7°,:A's\'''''''''1.'"',„,:,:;',11:‘:'::' HLcgLP:,Y,';;;,',;:e:,'-',- ''',''.-, -1'. ''N, -P''''',:''''''' ':, '-=1,,://:;:.-=:;e',',.‘,:Z.,:r., , £ ,0 0 ,,,,,,°':,:,,:,:-.,:: z m O m A A c E E E i e 7 q o,' - -k m E E U m U U o \‘‘‘...;;:,,,:, .4,�` 0T w n * z G W 'm � o 0 111 i a' \E\7 J g a 2 £ N 3 v" *'m .'eUM s m . al 63 43 E f' t ! t .. vE y Iff ----f----T-- � y ! ; � asp ' r �� 3 3 ..--;y-- cam,'= %, I , ,.m..iw.ceu6f.....C.76 : --,. / / n ✓ n:,c.ww�+fed."d�s"-'f.�✓,�.db44% ✓...k c 1 E A o o e U m am o(7 Ip U yo m H r C H p 'pPp Lookq, Gi sfM- +0 O FQs Memorandum TO: Yvette Harrell, Esq., City Manager FROM: Gregory Gay, Director Planning & Community Development Department DATE: February 10, 2017 RE: Zoning Map Amendments-Corrections The Zoning Map summary modifications are: 1. On certain properties the Corridor Mixed Use Overlay was removed 2. On certain properties the Down Town Mixed Use Overlay was removed 3. On certain properties the Down Town Mixed Use Overlay was added 4. On certain properties the Civic zoning district was added 5. 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