HomeMy Public PortalAbout17-19 TEMPORARY USES AND OCCUPANCIES ESTABLISHING A PERMIT APPLICATION PROCESS AND HEARING NOTICE STANDARDS FOR TEMPORARY 1ST READING: 11/08/2017
2ND READING: 12/13/2017
PUBLIC HEARING: 11/08/2017 & 12/13/2017
ADOPTED: 12/13/2017
EFFECTIVE DATE: 12/13/2017
SPONSORED BY: CITY MANAGER
ORDINANCE NO. 17-19
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA, AMENDING CHAPTER 13
OF THE CITY CODE OF ORDINANCE AND CREATE ARTICLE XV,
"TEMPORARY USES AND OCCUPANCIES", ESTABLISHING A
PERMIT APPLICATION PROCESS AND HEARING NOTICE
STANDARDS FOR TEMPORARY USES AND OCCUPANCIES IN
WHICH A PERMIT IS REQUIRED; AMENDING ORDINANCE 15-31,
CHAPTER IV, ENTITLED "TEMPORARY USES AND
OCCUPANCIES" TO ESTABLISH THE ZONING DISTRICTS
TEMPORARY USES AND OCCUPANCIES WILL BE PERMITTED;
PROVIDING FOR REPEALER; SEVERABILITY; CODIFICATION;
AND AN EFFECTIVE DATE.
WHEREAS, residents, property and business owners have requested that the City consider
temporary uses and occupancies to address certain activities; and
WHEREAS, it was determined that the City should provide standards and an application and
permit process concerning temporary uses and occupancies; and
WHEREAS, pursuant to the review by the Planning and Zoning Board on July 27, 2017 and the
inclusion of their conditions and recommendation to provide temporary use standards and an application
& permit process; and
WHEREAS, the City Commission finds it is in the best interest of the citizens of the City to
provide standards to regulate temporary uses to minimize and control possible adverse effects by
adopting appropriate land development, licensing and permit regulations; and
WHEREAS, the amendments set forth below are necessary to accomplish all of the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF OPA LOCKA, FLORIDA.
SECTION 1.
Chapter 13 of the City Code, entitled "General Provisions," is hereby amended as follows:
Ordinance No. 17-19
ARTICLE XV. - PLANNING AND ZONING REVIEW AND APPROVAL FOR TEMPORARY USES
AND OCCUPANCIES; PERMIT REQUIRED
ARTICLE V - SUPPLEMENTAL REGULATIONS
Sec. 22-119 A. TEMPORARY USES AND OCCUPANCIES
Sec. 22-119 (1) - Intent.
A temporary permit system is hereby established to assure special examination, review, and
findings by appropriate agents, agencies, or bodies of the city related to proposed temporary uses and
occupancies within the city.
A temporary permit system is hereby established, to be administered by the city manager or
designee, in order to provide special examination and review of temporary uses and occupancies by the
appropriate departments of the city or related agencies.
Enforcement of this Code shall be by City Police enforcement, Code enforcement or any other
remedies as provided by law.
Sec. 22-119 (2). -Temporary occupancies in general.
(a) Temporary occupancies are those uses and occupancies within the city of limited duration that
occur on private property, public property, or in a combination of public and private properties, that
would require special review by the city. Temporary occupancies are those that are not expected to
remain on a property for more than two years. Such uses are associated with land development or
ongoing construction. They include, but are not limited to, temporary office use in connection with
land development or construction activity, i.e. construction offices or watchman quarters; temporary
parking for construction crews in connection to land development, storage facilities for construction
equipment and materials; sales or leasing offices for newly constructed projects; construction
trailers, fences, temporary encroachments, etc.
(1) A temporary permit would not be required for a use or occupancy required by the city.
(2) Where a temporary permit use is associated with land development or construction activity,
such temporary permits authorizing construction related activities may only be authorized in
conjunction with an active building permit for the approved project. No temporary permits shall
be issued for construction activity that is not associated with a building permit for an approved
development project.
(b) The limitation of two-year duration may be waived by an affirmative vote of the city commission,
to permit more time for an individual use.
Sec. 22-119 (3) - Permit application process, possible determinations and referrals.
Applications for temporary occupancies shall be submitted and reviewed pursuant to the criteria and
guidelines established in this chapter.
Sec. 22-119 (4) - Informal notice and hearing.
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Ordinance No. 17-19
No formal public notice and hearing are required in connection with temporary permits. However,
the following is required:
(1) Notice required by applicant to adjacent property owners. At the time of initial application, the
applicant shall notify all abutting property owners, including those abutting across the street or
alley, in an approved city form, by certified mail, and shall submit the application with certified
receipt(s).
In the case of adjacent condominiums, only one notice to the condominium association will he
sent.
(2) Courtesy notice to registered neighborhood and/or homeowner associations. All neighborhood
and/or homeowner associations that wish to receive a courtesy notice of temporary permit
applications in their areas shall register with the Planning & Community Development
Department on a yearly basis. Such registration shall consist of a letter to the Planning &
Community Development Department Director, in which the association shall request such
notification and shall specify the name, address, telephone number and electronic mail (E-mail)
address of the official representative of the association, designated to receive said notice and a
list of all the officers of said association and their contact information.
(3) At the time of initial application, the applicant shall obtain the list of all registered
neighborhood and/or homeowner associations from the Planning & Community Development
Department and shall notify the official representatives of all such registered associations in
writing, by certified mail, of the application. The applicant shall submit with the application
with said certified notification receipts.
Sec. 22-119 (5) - Withdrawal of application; effect of withdrawal.
An application for a temporary permit may be withdrawn by the applicant at any time prior to a
decision without restrictions as to a resubmittal. But if withdrawn after the final decision has been
issued, substantially the same application shall not be considered within 12 months of the date of
withdrawal. An applicant who withdraws an application shall not be entitled to any refund of the
application fee.
Sec. 22-119 (6) - Appeals.
Any person or persons, jointly or severally, aggrieved by the decision of the city manager or
designee in granting, granting with conditions or safeguards, or denying a temporary permit, or any
department or representative of the city, may seek review of decisions made by the planning and zoning
board by filing such request with the Planning & Community Development Department Director/City
Manager's Office for an appeal review hearing within 15 calendar days of the decision.
Sec. 22-119. (7) - Reserved.
Sec. 22-119 B. - TEMPORARY STRUCTURES IN CONJUNCTION WITH PERMANENT
OUTDOOR RECREATIONAL USES OR RECREATIONAL FACILITIES
Sec. 22-119 (1) -Temporary structures.
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Ordinance No. 17-19
(a) Intent. It is the intent of the city commission that the use of temporary structures be permissible on
vacant land for the purposes of housing accessory office and restroom uses in conjunction with
recreational uses on such land.
Recreational uses include uses for playgrounds, sports fields, passive park uses, recreation centers,
and any other recreational purposes. Recreational facilities are facilities that support recreational
uses or sporting and community uses.
(b) Permitted uses. Temporary mobile structures shall only be allowed for use as accessory office and
restroom facilities in conjunction with outdoor recreational uses on vacant lands or vacant portions
of land that allow such uses pursuant to the zoning ordinance of the city. In no event shall the
temporary mobile structure(s), alone or combination with other temporary structures on the subject
property, exceed 25 percent of the net lot area of the subject property.
(c) Procedures. The procedures established in the City of Opa-locka for temporary permits will be
followed in order to obtain permits for uses under this section.
(d) Irrespective of the limitations set forth in the zoning ordinance of the city, approvals for certificates
of use shall be granted by the zoning administrator upon approval by the building official that such
temporary structures have met all necessary criteria and have paid all fees for the use(s) being
requested. These fees include, but are not limited to, payment of all applicable impact fees and solid
waste fees in addition to all other applicable fees.
(e) The building official shall review all applications for temporary structures prior to their placement
on any site. Such structures shall be certified as temporary mobile homes or manufactured homes
structures by either the state department of motor vehicles (DMV) or the state department of
community affairs (DCA).
(f) Renewals. The use of temporary structures shall require semi-annual renewals through the building
& license and planning & community development (zoning) departments and shall only be in effect
for six months at a time or until such time that the city commission repeals or sunsets these
provisions. Failure to renew semi-annually will result in code enforcement action.
(g) Enforcement. Enforcement of this Code shall be by chapter 2, article XI, division 10 Code
enforcement board or any other remedies as provided by law.
Sec. 22-119 (2) -Temporary uses on vacant land.
(a) As provided for in section, temporary uses and occupancies are those uses and occupancies within
the city of limited duration that occur on private property, public property, or in a combination of
public and private properties, that would require special review by the Planning & Community
Development Director for city zoning administration. Temporary uses and occupancies are those
that are not expected to remain on a property for more than two consecutive years. For purposes of
this section, temporary uses and occupancies on vacant land and shall be limited to those uses and
occupancies which contemplate temporary type structures, such as tents, kiosks, mobile or
manufactured offices, temporary exhibition areas, and other similar structures and provide such
things as food, arts, entertainment, cultural, civic, scientific, horticultural, community gardens/urban
gardens, urban farms, and vocational or educational uses. Any intensive commercial or industrial
use or occupancy is strictly prohibited, unless expressly allowed by the zoning ordinance.
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Ordinance No. 17-19
Notwithstanding the provisions of the city zoning regulations, uses and occupancies pursuant to this
section shall have a limited duration of six months and can be extended administratively by the
zoning administrator/Planning & Community Development Department Director in six-month
increments for a maximum of two years.
(b) A temporary permit must be obtained from the office of Planning & Community Development with
City Manager Approval for any property owner who wishes to have a temporary use on vacant land.
Permit fees provided in article VI shall apply to all such permits and any extensions that may be
granted.
Temporary Use Permit will be assessed as $500.00 as provided in Section 22-119 B (b).
Temporary Use Permit six month extension will be assessed $250.00.
(c) All uses shall be as set forth in the applicable transect zone as described in the zoning code of the
city, as amended, and must comply with all local, state and federal laws. A temporary permit that is
issued allowing a temporary use shall replace the necessity of a warrant or exception that may be
required for a permanent use pursuant to the zoning code.
(d) Any use that is allowed must provide sufficient parking on-site. No off-site parking shall be
permitted. If a temporary use abuts any residential zone, the applicant shall demonstrate, as part of
the temporary permit application, where additional parking will be provided. Parking in a
residential district is strictly prohibited.
(e) A landscape plan to be approved by the department of planning & community development shall be
provided as part of the submittal for a temporary permit. The landscape plan shall substantially
comply with the requirements of the City zoning ordinance and shall include street tree plantings.
(f) Property owner permission. Any uses or occupancies pursuant to this section, shall require the
applicant to obtain owner's permission, via notarized affidavit, in a form acceptable to the zoning
administrator/P&CD Director
(g) The owner of any vacant land who wishes to avail him or herself of this section must have no
current violations of city code.
(h) Review of applications shall be conducted in accordance with this article.
(i) All violations shall be subject to enforcement via City Police enforcement, Code enforcement and
any other remedies as are provided by law, jointly and severally, including but not limited to the
revocation of the permit, certificate of use, or business tax receipt.
Sec. 22-119 (3) - Considerations and standards.
In order to mitigate any potentially adverse effects that unimproved interim parking lots may have
on adjacent areas, all such facilities intended to be utilized as described in sections this division,
shall be required to maintain a park-like appearance to consist of fully sodded lots over an approved
stabilized, below grade, pervious system or any other type of system which provides a honeycomb
type stabilized base underneath the lot and therefore allows for parking on the sod while not
impeding drainage.
In lieu of providing a park-like appearance as described above, a parking facility may be paved or
consist of any combination of paving, gravel and grass upon approval by the city of a sufficient
alternate drainage system. This requirement may also be met through the installation of porous
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Ordinance No. 17-19
asphalt, porous concrete, a plastic grid system or block pavers, only as approved by the zoning
administrator and building director. Except for temporary special event parking (as defined above)
associated with a temporary permit, all other interim parking shall comply with applicable ADA
requirements as set forth in the Florida Building Code, as amended from time to time.
Interim parking may also be used for the temporary staging of miscellaneous equipment and/or
vehicles necessary for any of the functions associated with an approved special event or an activity
taking place in a major public facility subject to all applicable regulations and permits listed above.
All interim parking and staging activities permissible under this section shall be limited in duration
to a time specified in the permit obtained. The duration shall run concurrently with the event or
activity requiring said parking or staging, and may be expanded on a limited basis to allow for
preparation, disassembly and activities related to that specific event or activity.
In addition to the considerations and standards listed generally in City Code, temporary permits for
interim parking facilities granted in conjunction with a temporary use shall also consider the
following:
(1) Use of traffic monitors to facilitate vehicular flow into and out of such facilities during major
events;
(2) Use of specialized lighting features to ensure safety when such facilities are proposed for
evening use; and
(3) Use of perimeter fencing to assist in the control of access points and security of proposed lots
while not in use.
(4) Surface interim parking lots, which are located within the designated CRA areas will be
required to comply with the conditions and criteria set forth in this Article and the City Zoning
Regulation as applicable as conditions to the permits required herein or as conditions of time
extensions granted by the city manager.
(5) All such interim parking lots may also be required to comply with any design standards and
guidelines that may be in place for the specified area in which the parking lot is located (i.e.
uniform signage, fencing and attendant kiosk standards).
Sec. 22-119 (4) - Enforcement.
Enforcement of this Code shall be by City Police enforcement, Code enforcement or any other
remedies as provided by law.
Sec. 22-119 C. FARMERS' MARKET PROGRAM
Sec. 22-119 (1) -Farmers' market program.
(a) Intent. In order to encourage economic and community development, promote the health of
residents and provide access to nutritious substance, the following program is instituted.
(b) Definitions.
Electronic benefits transfer (EBT) is an electronic system that allows a recipient to authorize
transfer of their government benefits from a federal account to a retailer account to pay for products
received, such as SNAP benefits.
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Ordinance No. 17-19
Farmer is a person who grows or has direction over a person who grows at least 75 percent of the
products offered for sale at a farmers' market.
Farmers' market is an organized reoccurring operation at a designated location used by farmers of
locally-grown products primarily for the distribution and sale of locally-grown agricultural products
or a limited amount of non-agricultural locally-grown products. The sale of other food products at
such markets shall not disqualify it as a farmers' market provided that such food products meet all
applicable federal, state, and local health laws regulating the manufacture and sale of such food
products. A farmers' market is not an event. The use of EBT/SNAP benefits at a farmers' market is
encouraged.
Locally-grown is a product that is grown, raised, or cultivated within 100 miles of South Florida.
Temporary farmers' market permit is a permit as detailed by this division and in conjunction with
division 2 and is valid for a period of six months.
Supplemental nutrition assistance program (SNAP)is a federal-assistance program, formerly known
as the Federal Food Stamp Program, which provides a means for low income individuals and
families to buy nutritious food.
(c) Permitting process. Notwithstanding any contradictory language in the zoning ordinance, property
owners who wish to host a farmers' market must submit an application for a temporary farmers'
market permit to be approved by the city manager or designee at least 30 days prior to the date of
the farmers' market pursuant to this article. An applicant must submit a site plan detailing the
location of all tables, booths, stands, onsite parking, landscaping, and restroom facilities. Spillover
parking into any residential areas is strictly prohibited. Any temporary farmers' market permit may
be extended for an additional six-month period for an additional fee as detailed in this article. No
temporary farmers' market permit shall be issued to a property that has any outstanding code
enforcement violations or city liens. An applicant who obtains a temporary farmers' market permit
shall not be required to obtain a certificate of use or business tax receipt in order to operate pursuant
to this section.
(d) Location. Farmers' markets shall only be authorized to operate on parcels of land with a minimum
of 5,000 square feet.
(e) Operation. Farmers' markets shall only be authorized to operate between sunrise and sunset and
shall not operate for more than three consecutive days in a week. Farmers' markets shall have to
comply with all federal, state, and local regulations and requirements.
(f) Fees. Each temporary farmers' market permit for a farmers' market shall cost $500.00. If the
farmers' market is hosted by a not-for-profit organization or an organization that accepts
EBT/SNAP benefits, the fee shall be $250.00 per six month permit. The city shall request proof of
status as a not-for-profit organization or acceptance of EBT/SNAP benefits. Any six month
extension or renewal of a temporary farmers' market permit for a not-for-profit organization shall
cost the same as the original fee.
(g) Enforcement. All violations shall be subject to code enforcement pursuant to chapter 2, article XI
division 10 code enforcement board and any other remedies as are provided by law, jointly and
severally, including but not limited to the revocation of the permit.
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Ordinance No. 17-19
SECTION 2. CONFLICT AND REPEALER.
All ordinances or resolutions or parts of ordinances or resolutions and all sections or parts of
sections in conflict herewith, are hereby repealed.
SECTION 3. Codification.
It is the intention of the City Commission, and it is hereby ordained that the provisions of this
ordinance shall become and be made part of the Code of the City of Opa-locka as amended; that
the sections of this ordinance may be renumbered or re-lettered to accomplish such intention; and
that the word"ordinance" may be changed to "section" or other appropriate word.
SECTION 4. Severability.
If any section, subsection, clause or provision of this Ordinance is held invalid, the remainder
shall not be affected by such invalidity.
SECTION 5. Scrivener's Errors
Sections of this Ordinance may be renumbered or re-lettered and corrections of typographical
errors which do not affect the intent may be authorized by the City Manager, or City Manager's
designee, without need of public hearing, by filing a corrected or re-codified copy of the same
with the City Clerk.
SECTION 6. Liberal Construction
The terms and provisions of this Ordinance shall be liberally construed to affect the purpose for
which it is adopted.
SECTION 7. Effective Date.
This Ordinance shall take effect ten days following adoption.
PASSED AND ADOPTED this 13th day of December 2017.
This ordinance was moved for adoption by Commissioner Riley.
The motion was seconded by Commissioner Holmes, and upon being put to a vote, the motion passed
by a 5-0 vote:
Commissioner Holmes YES
Commissioner Pigatt YES
Commissioner Riley YES
Vice Mayor Kelley YES
Mayor Taylor YES
8
Ordinance No. 17-19
PASSED AND ADOPTED this 13th day of December, 2017.
ATTEST: CITY OF OPA-LOCKA,FLORIDA
/1.By: 4.5QA-7J By: y
Joa a Flores,City Clerk Myra . Ta lor, ayor
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
THE BROWN LAW GROUP, LLC, City Attorney
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Agenda Cover Memo
City Ed Brown CM Signature:
Manager: /�1.,
Finance Bryan Hamilton FD Signature:
Director:
Department Gregory Gay P&CD Signature:
Director:
Commission October 11,2017 Item Type: Resolution ••ranee Other
Meeting X
Date: (EnterXin box)
Fiscal Ordinance Reading: 1stReading 2ndReading
Impact: Yes No (EnterXin box)
(EnterXin box) X Public Hearing: Yes No Yes No
(Enter X in box) X X
Funding (Enter Fund&Dept) Advertising Requirement: Yes No
Source: Ex: (Enter X in box)
X
N/A
Account#:
Contract/P.O. Yes No RFP/RFQ/Bi#:
Required: X
(EnterXin box)
Strategic Yes. No Strategic Plan Priority Area Strategic Plan Obj./Strategy:(list
Plan Related the specific objective/strategy this item will
(EnterXin box) X Enhance Organizational Q address)
Bus.&Economic Dev
Public Safety 0„
Quality of Education El
Qual.of Life&City Image
Communcation
Sponsor Department:
Name City Manager City Manager
Short Title:
Ordinance —Temporary Uses and Occupancies 10-11-17
An Ordinance of theMayor and City Commission of the City of Opa-locka, Florida, amending Chapter 13 of the
City's Code of Ordinance and create Article XV, "Temporary Uses and Occpancies", establishing a permit
application process and hearing notice standards for temporary uses and occupancies in which a permit is
required; amending Ordinance 15-31, Chapter IV, Entitled "Temproary Uses and Occupancies" to establish the
zoning districxts temporary uses and occupancies will be permitted; Providing for Repealer; Severability;
Codification; and an Effictive Date.
Staff Summary:
The City Commission finds that it is in the best interest of the citizens of the City to provide standards to regulaste
temporary uses and to minimize and control its possible adverse effects by adopting appropriate licensing, permit
and land development regulations pursuant to the recommendation of the Planning and Zoning Board after their
review on July 27, 2017 and the inclusion of their conditions and recommendations. This legislation will provide
temporary use standards and create an application and permit process and establish the zoning districts that
temporary uses and occupancies will be permitted.
2lroposed Action:
Staff recommended approval for this legislation.
Attachment:
P&Z Board Meeting Minutes—July 27, 2017
Ordinance DRAFT to establish Temporary Uses and Occupancies 10-13-17
Staff Report
Ordinance —Temporary Uses and Occupancies 10-11-17
ovo-�ock4.,
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Memorandum
TO: Myra L. Taylor, Mayor
Joseph Kelley, Vice Mayor
Matthew Pigatt, Commissioner
John B. Riley, Commissioner
Timothy Holmes, Commissioner
FROM: Ed Brown, Interim City Manager
DATE: August 21, 2017
RE: An Ordinance of the Mayor and City Commission of the City of Opa-
locka, Florida, amending Chapter 13 of the City's Code of Ordinance
and create Article XV, "Temporary Uses and Occupancies",
establishing a permit application process and hearing notice
standards for temporary uses and occupancies in which a permit is
required; amending Ordinance 15-31, Chapter IV, Entitled
"Temporary Uses and Occupancies" to establish the zoning districts
temporary uses and occupancies will be permitted; Providing for
Repealer; Severability; Codification; and an Effective Date.
Request:
An Ordinance of the Mayor and City Commission of the City of Opa-locka, Florida,
amending Chapter 13 of the City's Code of Ordinance and create Article XV,
"Temporary Uses and Occupancies", establishing a permit application process and
hearing notice standards for temporary uses and occupancies in which a permit is
required; amending Ordinance 15-31, Chapter IV, Entitled "Temporary Uses and
Occupancies" to establish the zoning districts temporary uses and occupancies will be
permitted; Providing for Repealer; Severability; Codification; and an Effective Date.
Description:
The City Commission finds that it is in the best interest of the citizens of the City to
provide standards to allow and regulate temporary uses and to minimize and control its
possible adverse effects by adopting appropriate licensing, permit and land
development regulations pursuant to the recommendation of the Planning and Zoning
Board after their review on July 27, 2017 and the inclusion of their conditions and
recommendations. This legislation will provide temporary use standards and create an
application and permit process and establish the zoning districts that temporary uses
and occupancies will be permitted.
Background:
Ordinance Temporary Uses and Occupancies 10-11-17
Community Gardens, Urban Gardens and Urban Farms, are an economic benefit to
local governments, as they have been shown to increase property values in the
immediate vicinity where they are located. They also provide employment
opportunities, a platform for education and entrepreneurship opportunities for the people
of the community. These uses can serve as an outdoor classroom where youth can
learn valuable skill, like those involving practical math, communication, responsibility
and cooperation as well as providing an opportunity to learn about the importance of
Community, Stewardship and environmental responsibility. The operating Community/
Urban Garden or Urban Farm will serve to increase neighborhood surveillance or eyes
on the street modes to often deterring crime.
Financial Impact: There is no financial impact to the City to approve this Ordinance.
Implementation Time Line: Immediately
Legislative History:
N/A
Staff Recommendation:
Staff recommends approval of this legislation
Planning & Zoning Board Recommendation:
P&Z Board Recommended Approval by a 3-2 vote
Attachment(s)
P&Z Board Minutes July 27, 2017
Ordinance DRAFT- Community/Urban Gardens-Farms
Staff Report
Prepared By: Planning & Community Development Dept
Gregory Gay, Director
Gerald Lee, Zoning Official
Ordinance DRAFT to establish Temporary Uses and Occupancies 10-11-17
2
1E17:7;1—
PLANNING COUNCIL MEETING
THURSDAY,JULY 27,2017
ROLL CALL:
The Planning Council of the City of Opa-locka, Miami-Dade County, met in a special session on
Thursday,July 27, 2017 at 7: 10 p.m. at Sherbondy Village, 215 Perviz Avenue. The following
members of the Planning Council were present: Board Member Luis Alameda,Board Member
Elio Guerrero,Board Member Dawn Mangham,Board Member Lloyd Tyler&Chairman Calvin
Russell.
Absent Board Member: Board Member Germane Barnes &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: Chairman Calvin Russell led the Prayer and the Pledge of
Allegiance was stated after the Prayer.
III APPROVAL OF MINUTES: Discussion of Minutes from July 27,2017 Meeting
Chairman Calvin Russell asked if a motion could be made to have the minutes approved from
March 7, 2017 meeting. Board Member Elio Guerrero made a motion to approve the minutes.
Board Member Lloyd Tyler second the motion.
Wage
There being no discussion, the motion passed by a 5-0.
Luis Alameda - Yes
Elio Guerrero - Yes
Dawn Mangham - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
IV. PUBLIC HEARING:
1. CITY OF OPA-LOCKA.
THE CITY OF OPA-LOCKA, FL 33054
REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF OPA-LOCKA, FLORIDA,AMENDING ORDINANCE 15-31,TO
ESTABLISH PERMITTED USES AND DEVELOPMENT STANDARDS FOR
COMMUNITY GARDENS,URBAN GARDENS AND URBAN FARMS; TO CREATE
DEFINITIONS AND TO ESTABLISH A PERMIT AND APPLICATION PROCESS
FOR THESE USES; PROVIDING FOR REPEALER; SEVERABILITY;
CODIFICATION;AND AN EFFECTIVE DATE.
The applicant, City of Opa-locka came before the Planning&Zoning Board and made a
presentation concerning an ordinance.
Once the City of Opa-locka finished their presentation, the chairman asked all board
members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board
Member Elio Guerrero made a motion to approve the request amending Ordinance 15-31, to
establish permitted uses and development standards for community gardens, urban gardens
and urban farms; to create definitions and to establish a permit and application process for
these uses;providing for repealer; severability; codification; and an effective date. Board
Member Dawn Mangham second the motion.
2IPae
There being no discussion, the motion passed by a 3-2.
Luis Alameda - Yes
Elio Guerrero - Yes
Dawn Mangham - Yes
Lloyd Tyler - No
Calvin Russell - No
2. CITY OF OPA-LOCKA.
THE CITY OF OPA-LOCKA,FL 33054
REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA,AMENDING CHAPTER 13 OF THE CITY
CODE OF ORDINANCE AND CREATE ARTICLE XV,"TEMPORARY USES AND
OCCUPANCIES",ESTABLISHING A PERMIT APPLICATION PROCESS AND
HEARING NOTICE STANDARDS FOR TEMPORARY USES AND OCCUPANCIES
IN WHICH A PERMIT IS REQUIRED; AMENDING ORDINANCE 15-31,
CHAPTER IV,ENTITLED"TEMPORARY USES AND OCCUPANCIES"TO
ESTABLISH THE ZONING DISTRICTS TEMPORARY USES AND
OCCUPANCIES WILL BE PERMITTED; PROVIDING FOR REPEALER
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
The applicant, City of Opa-locka came before the Planning&Zoning Board and made a
presentation concerning an ordinance.
Once the City of Opa-locka finished their presentation,the chairman asked all board
members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board
Member Elio Guerrero made a motion to approve the request of amending chapter 13 of the
city code of ordinance and create article xv, temporary uses and occupancies,establishing a
permit application process and hearing notice standards for temporary uses and occupancies
in which a permit is required; amending ordinance 15-31, chapter IV, entitled"temporary
uses and occupancies"to establish the zoning districts temporary uses and occupancies will
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be permitted; providing for repealer severability; codification; and an effective date. Board
Member Luis Alameda second the motion.
There being no discussion, the motion passed by a 3-2.
Luis Alameda - Yes
Elio Guerrero - Yes
Dawn Mangham - Yes
Lloyd Tyler - No
Calvin Russell - No
3. CITY OF OPA-LOCKA.
THE CITY OF OPA-LOCKA, FL 33054
REQUEST: AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF OPA-LOCKA,FLORIDA,AMENDING CHAPTER 13 OF THE CITY
CODE OF ORDINANCE ENTITLED "LICENSES AND BUSINESS
REGULATIONS"TO DEFINE THE FOLLOWING PRODUCT,LOW-THC
CANNABIS,AND RELATED DEFINITION; AMENDING ORDIANCE 15-31,
CHAPTER VI,ENTITLED"OFF-STREET PARKING,"ESTABLISHING
MINIMUM PARKING REQUIREMENTS FOR"MEDICAL CANNABIS
DISPENSARIES",AMENDING CHAPTER 13 OF THE CITY CODE OF
ORDINANCE,SECTION XX,ENTITLED"ZONING DISTRICTS AND
REGULATIONS"BY CREATING SECTION 13-XX,ENTITLED"CANNABIS
REGULATIONS AND USE"AND AMENDING SECTION 12-XX TO SECTION 13-
XX,RELATING TO APPLICABILITY,DEFINING MEDICAL USE OF CANNABIS,
DESIGNATING AREAS FOR THE USE,ZONING REQUIREMENTS RELATING
TO THE USE,AND PROHIBITING CULTIVATION,PRODUCTION OR
POSSESSION OF CANNABIS PLANTS; PROVIDING FOR REPEALER;
SEVERABILITY; CODIFICATION; AND AN EFFECTIVE DATE.
The applicant, City of Opa-locka came before the Planning&Zoning Board and made a
presentation concerning an ordinance.
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Once the City of Opa-locka finished their presentation, the chairman asked all board
members do they have any questions. There were some discussions amongst the board
members and they all presented a few questions to the applicant.
Chairman Calvin Russell asked for a motion to approve or deny their request. Board
Member Elio Guerrero made a motion to approve the request of amending chapter 13 of the
city code of ordinance entitled"Licenses and Business Regulations" to define the following
product, low-THC cannabis, and related definitions; amending ordinance 15-31, chapter VI,
entitled"Off-Street Parking," establishing minimum parking requirements for"Medical
cannabis dispensaries", amending chapter 13 of the city code of ordinance, section XX,
entitled "zoning districts and regulations"by creating section 13-XX,entitled"Cannabis
Regulations and Use" and amending section 13-XX to section 13-XX, relating to
applicability,defining medical use of cannabis, designating areas for the use, zoning
requirements relating to the use, and prohibiting cultivation,production or possession of
cannabis plants; providing for repealer; severability; codification; and an effective date.
Board Member Lloyd Tyler second the motion.
There being no discussion, the motion passed by a 5-0.
Luis Alameda - Yes
Elio Guerrero - Yes
Dawn Mangham - Yes
Lloyd Tyler - Yes
Calvin Russell - Yes
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STAFF UPDATE
VI ADJOURNMENT
Chairman Calvin Russell adjourned the meeting at 8:13 pm.
Submitted by
Kinshannta Hall
Planning Council Clerk
ATTEST:
Calvin Russell
Chairman
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