HomeMy Public PortalAbout10-8091 Florida International Academy/ MG3 Developers Group Sponsored by: City Manager
RESOLUTION NO. 10-8091
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF OPA-LOCKA, FLORIDA TO APPROVE / DENY THE
FLORIDA INTERNATIONAL ACADEMY/MG3 DEVELOPERS
GROUP, LLC'S REQUEST FOR A SPECIAL EXCEPTION TO
OPERATE A CHARTER SCHOOL FOR STUDENTS FROM
KINDERGARTEN THROUGH EIGHT GRADE, AND FOR
SITE PLAN APPROVAL; PROVIDING FOR
INCORPORATION OF RECITALS; PROVIDING FOR AN
EFFECTIVE DATE
WHEREAS, the City Commission of the City of Opa-locka has passed Ordinance #10-
16, which provides for regulation of school location as a special exception upon approval of the
City Commission for designated use in certain zoning districts; and
WHEREAS, applicant Florida International Academy/MG3 Developers Group, LLC's
has made a request for site plan approval and approval to operate a school at 13401 NW 28th
Avenue, Opa-locka, as a special exception, property that is zoned as Medium Density Multi-
Family or R-4 District; and
WHEREAS, the property will require interior renovation of four existing building to
establish the charter school, which will accommodate approximately 764 students; and
WHEREAS, the applicant has redesigned the circulation plan to accommodate the
volume of students and staff and provide additional landscaping to enhance the current green
space; and
WHEREAS, the applicant has provided the results of a traffic study that will provide a
course of action to minimize any negative impact caused by morning traffic arrival and evening
traffic departure; and
Resolution No. 10-8091
WHEREAS, the City Commission of the City of Opa-locka will approve or deny
approval to the applicant in accordance with the provisions of Ordinance #10-16, based on the
assessment of whether the applicant has satisfactorily met the conditions of the ordinance:
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF OPA-LOCKA, FLORIDA:
Section 1. The recitals to the preamble herein are incorporated by reference.
Section 2. The City Commission of the City of Opa-locka hereby approves/ denies_
the Florida International Academy/MG3 Developers Group, LLC's request for a special
exception to operate a charter school for students from kindergarten to eighth grade and for site
plan approval, for the property located at 13401 NW 28`x' Avenue, Opa-locka, in accordance with
the provisions of Ordinance#10-16.
Section 3. This resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED THIS 14 day of Lilly,2010.
1 , :
, JOSEPI-i Li KE LEY
MAYO
Attest to:
Debotah.S. Irby
City Clerk
Approved as to form and legal sufficiency:
1 1
1' A..
41 ::, AL ' 1 •
osepl1 S. Geller
City A torney
Resolution No. 10-8091
Moved by: HOLMES
Seconded by: JOHNSON
Commission Vote: 5-0
Commissioner Holmes: YES
Commissioner Johnson:YES
Commissioner Tydus: YES
Vice-Mayor Taylor: YES
Mayor Kelley: YES
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Memorandum
TO: Mayor Joseph L. Kelley
Vice Mayor Myra L. Taylor
Commissioner Timothy Holmes
Commissioner Dorothy Johnson
C issioner Rose Tydus
FROM: Clarance Patterson, City Man er
DATE: July 1, 2010
RE: Resolution to Approve / Deny Florida International Academy/MG3
Developers Group, LLC's request for a Special Exception to operate a
Charter School for students from Kindergarten through Eighth grade and
for site plan approval. and their request
Request: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
OPA-LOCKA, FLORIDA, TO APPROVE / DENY THE REQUEST OF
FLORIDA INTERNATIONAL ACADEMY/MG3 DEVELOPERS
GROUP, LLC. TO OPERATE A CHARTER SCHOOL AS A SPECIAL
EXCEPTION FOR STUDENTS FROM KINDERGARTEN THROUGH
EIGHTH GRADE ON THE PROPERTY AT 13401 NW 28TH AVENUE,
OPA-LOCKA FL 33054.
Description: The City Commission of the City of Opa-locka has addressed the need to
provide appropriate regulation to accommodate school locations by passing
Ordinance #10-16, which provides for schools as a special exception upon
approval of the City Commission as a designated use in certain zoning
districts. The property at 13401 NW 28th Avenue is zoned Medium Density
Multi-Family or R-4 District.
Financial Impact: There is no realized financial impact.
Implementation
Time Line: Immediately, upon approval of this resolution.
Legislative History: Ordinance 10-16 passed June 23, 2010
Recommendation(s): No Recommendation
Analysis: This request is for site plan approval and for approval to operate a school at
13401 NW 28th Avenue, Opa-locka, Fl 33054 as a special exception. This
project will not require construction of additional buildings, but will require
interior renovation of the four existing buildings to establish this school.
The charter school will accommodate approximately 764 students from
grades Kindergarten through eight. According to the sight plan, the
applicant will redesign the circulation plan to accommodate the volume of
students and staff and they will provide additional landscaping to enhance
the current green space. The applicant has provided the results of a traffic
study to provide a course of action to minimize any negative impact caused
by the morning and evening school departures and arrivals. A Church
occupied this property previously and included a school as an accessory
use. The current applicant's request is to allow a school to be the primary
use not an accessory one. The requested use is subject to the provisions of
Ordinance #10-16 and the Commission's approval will be based on their
assessment that the applicant has satisfactorily accomplished the conditions
of the ordinance.
ATTACHMENT(S): City of Opa-locka Schools Ordinance#10-16
PREPARED BY: Gerald Lee
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PLANNING COUNCIL MEETING
MAY 04, 2010
I ROLL CALL
The Planning Council meeting was called to order at 8:40 p.m. Present were Chairman Calvin Russell, members Ella
Cobbs, and Alvin Burke, City Attorney Joseph Geller, Acting Planning & Community Development Director Gerald J.
Lee,and Recording/Executive Secretary Oria E.Rodriguez. Member Burke presided over the meeting.
H PLEDGE OF ALLEGIANCE AND INVOCATION
The Pledge was recited in unison and Member Cobbs said the invocation.
III APPROVAL OF MINUTES: March 02,2010
Chairman Russell made a motion to approve the minutes of March 02, 2010 and Member Cobbs seconded the motion.
Upon voting the minutes were approved with corrections 3-0
Ella Cobbs—yes
Alvin Burke—yes
Calvin Russell—yes
IV PUBLIC HEARINGS
A request was made by Attorney Geller to defer items 1 (American Fruits &Products),2(Bracusa West Coast,LLC),and
5 (Telecommunications Ordinance). Chairman Russell made a motion and Member Cobbs seconded the motion to defer
items 1,2,and 5 until the next meeting. Upon a vote,the motion passed 3-0
Ella Cobbs—yes
Calvin Russell—yes
Alvin Burke-yes
3. GEORGIA AYERS APARTMENTS,LLC—GONZALO DERAMON
13280,13290,13300, 13340 PORT SAID ROAD(AND)VACANT LAND
OPA-LOCKA,FL 33054
Legal Description: The East'/z of the North 60 feet of the South 460 feet of Tract 301-B;The North 75 feet of the
South 325 feet of Tract 301-B; The North 75 feet of the South 400 feet of Tract 301-B; The North 200 feet of the
South 600 feet of the West Half of Tract 301-B;The East 1/2 of the North 60 feet of the South 520 feet of Tract 301-B;
and The North 50 feet of the South 600 feet of the East 1/2 of Tract 301-B;and the North 30 feet of the South 550 feet
of the East i of Tract 301-B, of Revised Plat of portions of Blocks 301, 302 303 of Nile Gardens Section One,
according to the Plat thereof as recorded in Plat Book 38 at Page 56 of the Public Records of Miami Dade County,
Florida,formerly known as; Lots 19,20, 21, 22, 23, 24, 25,26,27,28, 29, 30,31, and 32 of Niles Gardens,Section
One and Two, according to the Plat thereof as recorded in Plat Book 31 at Page 42 of the Public Records of Miami
Dade County,Florida. Area of Premises: 2.5751 Acres(112,172 square feet)more or less
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FOLIO#S: 0821280070120;0821280070130;0821280070131;0821280070132;0821280070140 0821280070150
ZONE: R-3
REQUEST: FINAL SITE PLAN REVIEW FOR A 72 UNIT APARTMENT COMPLEX AND SPECIAL
EXCEPTION FOR DENSITY INCREASE TO 29 UNITS PER ACRE INSTEAD OF THE
REQUIRED 15 UNITS
Attorney Geller stated that before hearing the applicants the staff report should first be heard. Mr.Lee named some of the
conditions.
Mr. Patrick Range, 5727 NW 17 Avenue, Miami, FL came before the board to explain the reasons for the request, and to
explain that a police sub station will be placed site for security purposes; they will also have their own security officers on two
(2)shifts.
Police Chief Cheryl Cason expressed her favoritism for the project and the police substation. Several other citizens,residents
came before the board to express their approval of the project; Congress woman Carrie Meek of the Carrie Meek Foundation,
owner of the property since 1995 Ms. Georgia Ayers, and residents from apartments on Alexandria Drive and Port Said Road.
Two citizens, Mr. Jason Williams and previous Commissioner Steven Barrett were opposed to the development because of
feelings the area will not change, sewer problems, the lift station needing upgrading, a flooding situation, and a substation
without a sufficient number of police officers in the city.
The Planning Council members were concerned about the drug problem and shootings in the area especially with the children
there,how new tenants are being interviewed, what assures them that this development will not become like others that started
as beautiful units and then failed soon afterwards, and how can the city provide police security at that property when the City
does not have sufficient police officers. They want to make sure everything that is going to be done will be written into a
covenant to make sure things are in place in order to be considered. Intention has to be translated into law and principals that
are going to protect us.
Attorney Geller specified the following recommendations/conditions:
1. Adhere to the requirements of DCA
2. Adhere to the usual standard requirements
3. Accomplish the conditions before going to the City Commission
4. The City can impose a restrictive covenant that the property can only be used for,just like the restrictive covenant
Miami Dade County has imposed
5. lace on record what specific conditions they are agreeing to be accomplished before they go to the Commission such
as a substation and security
6. Technical things need that are conditions needed to be accomplished before going to the commission
7. Conditions not within the ability of the developer,but of the Commission as compliance with the state regulations
8. Covenants that will run with the land,even when commission approves it,that upon approval,they will still maintain
the security and police sub station
9. Maintain the landscaping requirements
10. Maintain as a gated community
11. Security can be 24 hours,not necessary to say 2 shifts because the City may not have a problem if it's 3 shifts
12. Obligation to maintain it as affordable workforce housing for a minimal 15 year period
13. Regardless of what Congress may do to funding requirements we want to see an obligation that the property be
maintained according to the rules as affordable workforce housing for a greater period.
14. Based on DCA correspondence they have given the City and the proponents a couple of options to comply with state
laws.
1. Go forward with what the City is currently doing with FIU
2. An alternative way where an overlay for this particular site along with some school site amendments could be
passed to amend our future land use map in the comprehensive plan
It would be a condition that one of those two be satisfied by the time it is presented to the Commission. We
either get the entire package from FIU or the City Commission agrees to go forward with the alternative plan.
Mr.Range said he will agree to the conditions and covenants that staff has recommended and other state conditions. In
reference to the substation,they will incur the costs of the new police sub station.
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Chairman Russell made a motion to approve the project with the conditions and covenants on the record with the city and the
developer. Ella Cobbs seconded the motion.
Upon a vote the motion passed 3-0.
Ella Cobbs—yes
Alvin Burke—yes
Calvin Russell—yes
4. THE CITY OPA-LOCKA,780 FISHERMAN STREET,4TH FLOOR,OPA-LOCKA,FL 33054
REQUEST: AN ORDINANCE TO ALLOW SCHOOLS AS A DESIGNATED USE AND PERMITTED IN
CERTAIN ZONING DISTRICTS.
Attorney Geller introduced the request initiated by the City for an ordinance to allow schools because does not have such
ordinance. He asked Attorney Hope Calhoun,representative of a particular school that came before the Council,and who had
been speaking with him and drafted an ordinance for the City.
Hope Calhoun,Ruden McClousky,200 E Broward Boulevard,Fort Lauderdale,FL 33301,came before the board,and said this
is the city's ordinance. She is hoping that the ordinance be approved which allows schools in residential zoning districts. The
property she is representing is residential. The current ordinance does not specifically permit charter schools within the
residential zoning. Under recommendations made by the attorney at the meeting their case was heard to approve their
particular petition subject to an amendment to the city's zoning code. Then they would again come before the Planning Council
for their approval.
Attorney Geller mentioned that the drafted ordinance has one significant weakness. It talks about the fact that the City could in
certain appropriate areas approve having schools. The main thing he'd like to see is something that will create some standard
for what should be approved and not approved. Not every application that will go before us will be a good one and some will
be bad ones. There need to be some standards that will distinguish between the good ones that are of interest to the City and
the citizens and the bad ones that should be rejected. Some things he discussed with Mr. Lee are compatibility with the
neighborhood, is this going to disrupt an existing residential neighborhood or be harmonious; whether they are public,charter,
or private schools; traffic issues,parking requirements, noise issues, lighting requirements. Attorney Geller would like to see
those types of standards added in before going in front of the Commission.
Hope Calhoun offered to work with Mr. Geller and staff to draft whatever language is necessary to make the ordinance
satisfactory to everyone. The board members agreed. Member Cobbs asked if the ordinance is not just an individualized thing.
Mr. Geller said that is precisely correct. However he recommends that in being a matter of right that it pushed forward as a
special exception where it is not required to approve but where the commission could approve where they thought it is
appropriate.
Attorney Geller said it should be consistent with the City keeping control and approving a project when it suits the needs of the
citizens, when they think this is a good project, and this is a good project. The ordinance to be adopted should be able to
approve good projects like this one and deny bad projects. The charter applicants have done everything in their power to move
forward, and we would like to do what can be done with them. Based on what has been heard he recommended that a motion
be made to approve this in principal with the additional language; and that would be a special exception and include their
standards for approval and rejection such as mentioned. At least we can get this done and allow it to go forward in front of the
commission and not keep them stuck.
Chairman Russell said that this is an ordinance that was dealt with on the last meeting when the project was already approved
while they waited until the ordinance was written to suffice what they are doing.
The public hearing was opened and Mr. Wilber T. Holloway, 1450 NE 2 Avenue, Suite 700, Miami,FL.,Miami Dade Public
School Board member came before the board and said had stumbled upon the particular item and discussion. He is here as a
proponent for public education; and charter schools are public education institutions. They too come before the school board
for approval. He thinks that some consultation should be given with them in their public education as we prepare the
ordinance. Relating to this ordinance there should be some consultation with the school board for such ordinances.
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Attorney Geller mentioned that Commissioner Johnson had put forward an education contact between the city and the school
board and he is certain that the city wants to work very closely with them. He promises that as we move forward when the
drafting of the new ordinance,he will speak with their new attorney,Mr.Harvey,regarding zoning issues. He understands that
that anything to do with charter schools on the education side is not up to the city. We can look at are zoning issues and not
curriculum,charters,etc.
Mr. Holloway is only asking for the need of successful education initiatives,and just in meetings with those,are not performed
in the city and they have to find a way to make sure that they can also have the opportunity and the mindset behind them to be
successful,and successful for the children.
Mr.Lee mentioned that there is a general understating and requirement with the cities in Miami-Dade County to have agreed to
an inter-local agreement for school locations which is already in place. There was a meeting regarding updating the location in
the inter-local agreement, and it's a state requirement of school sites which is a part of the education elements. In moving
forward with the comp plan changes and updating, those things will be addressed.
Knowing that's a requirement we are going to make sure the school board is aware of the placement of this particular
educational facility, although the education department of the Miami Dade County was already contacted. All we are doing is
the ordinance to decide where schools will be located.
Mr. Steve Barrett came before the board agreeing with Mr. Holloway. When this project came before the Commission, they
said it was over ten (10) million dollars and that means they will be having many children. Also, there is going to be lots of
traffic it being such a small area and so tight going from 135 Street to the street by the bank. Think about the citizens before
making a decision.
Mr. Al Ferguson and Chantelle Ferguson, 13400 NW 28 Avenue came before the board and said that this project had already
tried in another city and got denied. If it's a business decision we really want to evaluate if it's in the best interest of the city.
We also have to keep into consideration if there are also other programs or projects that area already in place that are helping
the community that we may be shutting or putting them to the side. There are private schools and projects (8) in the
community that are not just producing academic results, but also wholesome results, teaching the kids how to be part of the
community and non violence. They are referring to Grace Academy International, a private Christian academy, at the same
location. Mrs. Ferguson said prior to starting a school she would like to know what they can do in the City of Opa-locka.
Before making a decision give it some thought as there are other programs operating in the city that are bringing positive
results,to the kids as well as to the families. They are operating a school in the Catholic Church property with a lease from the
Catholic Church.
Member Cobbs asked if they are operating their school along with their church. That is totally two different things. The
applicants are here for operating only a school. She told Mrs. Ferguson they will have an opportunity as a church to operate a
school like the Catholic Church that was there. They will take that into consideration, but she does not understand how they
are operating because there was nothing in our charter allowing schools there, unless you had a church; and that's how the
Catholic school was operating along with the Catholic church as a private school. Mrs. Ferguson said that her church and
school have to leave if the new charter school is approved.
Attorney Calhoun reminded the Board that the reason they are here tonight is an ordinance amending the city's code. And they
are not addressing any particular application. If passed, this ordinance will help all schools in the city since zoning doesn't
permit schools anywhere.
Member Cobbs motioned that the ordinance request pass with the added conditions that go along with it. Member Burke
seconded the motion.
Upon a vote,the motion passed 3-0.
Ella Cobbs—yes
Alvin Burke—yes
Calvin Russell-yes
V OTHER ISSUES
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There was no other business to be heard.
VI ADJOURNMENT
Upon a motion to adjourn made by Member Burke the meeting was adjourned at 9:30 p.m.
Submitted by
Oria E.Rodriguez
Executive and Board Secretary
ATTEST:
140 Gerald J. Lee
'residing •fficer,Administrative Head,Designee
Acting Director of Planning & Community Development
Title
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Sponsored by City Manager
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF OPA-LOCKA,
FLORIDA AMENDING THE CITY'S LAND
DEVELOPMENT REGULATION CODE TO
PROVIDE FOR A NEW SECTION 5.14, ENTITLED
"SCHOOLS99; PROVIDING FIR CONFLICTS;
PROVIDING FOR SEVERABILITY AN 1}
CODIFICATION; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of Opa-locka ("City") wishes to amend the City of Opa-
locka Land Development Regulation Code ("Code") to provide for schools as a Special
Exception upon approval of the City Commission as a designated use in certain zoning
districts; and
WHEREAS, after reviewing the Code, the City has determined that it is
appropriate to amend the Code in order to provide appropriate regulations to
accommodate schools within the City; and
WHEREAS, the City sees an immediate need and urgency to adopt regulations in
order to accommodate for the provision of same; and
WHEREAS, the City has determined that providing schools within the City will
further the goals of the City by establishing appropriate schools which will promote
health, safety and welfare of the residents of the City.
NOW, THEREFORE, be it ordained by the City Commission of the City of Opa-
locka, Florida, that:
1
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of the Code upon adoption
hereof
Section 2. That the Code is hereby amended by adopting a new Section 5.14
entitled "Schools" to read as follows:
A. Purpose. The purpose of this Section is to provide for schools as a Special
Exception subject to the City Commission approval and site plan review as a
designated use in R-2, R-3, R-4, B-0, B-1, B-2 zoning districts. A school may be
allowed in zoning districts not listed above if it meets all site plan review standards
set forth in this ordinance and after public hearing and approval by the City
Commission. The City shall take precautions to insure that schools do not saturate
a particular area of the City.
B. Definition. School as used in this Section shall include: (1.) kindergarten,
which shall provide childcare and preschool programs for children ages 4-6; (2)
private school, which shall mean any private institution providing instruction and
associated day care at any level from age 4 through high school level, and (3)
elementary and high schools shall be loosely interpreted to encompass any schools,
graded or ungraded, whose students are within the age ranges specifically found at
those level schools.
1. Special Exceptions as used in this section are subject to City
Commission approval and site plan review.
2. Special Exception as used in this section shall include schools,
accessory buildings and structures including but not limited to City
buildings or City Hall, playgrounds, libraries, and fire and police
stations.
C. General. The more stringent of the requirements of this Ordinance or the
Florida Building Code and other applicable building codes shall apply. Schools
shall be permitted upon approval of the City Commission and site plan review after
considering the recommendation of the Planning Council as a Special Exception as
a designated use in certain zoning districts. All requirements of this section shall
be considered by the City Commission in deciding whether to grant approval. An
annual license must be obtained from the City to continue operations. Any
applicable State and City approvals and procedures shall apply. Employee
background investigations may be required. The City may elect to perform the
background investigation and charge the applicant a fee for the background
investigation. Any applicant requesting a public hearing for site plan review and a
special exception as used in this section shall pay to the City of Opa-locka
2
Communit Development & Plannin. De.artment the sum s.ecified in the Cit 's
fee ordinance as cost for advertising, publishing, and mailing the notices required
by this ordinance. Accessory structures which are supportive of and compatible
with schools may be permitted after site plan review.
D. Existing Uses. Nothing contained in this Section shall be deemed or
construed to prohibit a continuation of the particular lawful use, or uses, of any
land, building, structure, or premises legally existing in the respective districts at
the time of the adoption of this Ordinance provided, however, that if any such
existing lawful use is changed to a different classification after the date of the
adoption of this Ordinance, such different use shall conform to the provisions of
the Code. If any legally existing use or occupancy of a building or premises
conflicts with any requirement of this Ordinance, or any of its amendments, such
building shall not be moved, structurally altered or added to except after public
hearing and City Commission approval. All future buildings, structures,repairs,
alterations or other improvements shall comply with all requirements contained
herein and such structural provisions of the building code and other regulations as
have been incorporated, including any building on which construction was
suspended at the time of adoption of this Ordinance and any building for which the
foundation was not corn eleted at said time.
E. Property Development Regulations. The building height, landscaping and
setbacks shall be governed by the applicable zoning district regulations.
1. Minimum Lot Area: The minimum site area shall be no less than
twenty thousand (20,000) square feet.
2. Lot Coverage: The combined coverage of the main structure and all
other accessory structures shall not exceed forty percent (40%) of the total
site. At least twenty percent(20%) of the site shall be landscaped.
3. Off-Street Parking: kindergarten and elementary schools: Total
parking spaces shall equal the combined total of personnel and
transportation vehicles;junior high schools: Total parking spaces shall
equal one and one-quarter(11/4)times the combined total of personnel and
transportation vehicles; and high schools: one (1) parking space per two
hundred (200) square feet of classroom area, including laboratories,
libraries and administrative areas. The applicant shall submit information
substantiating the personnel and vehicle figures used for computing the
above parking requirements.
(i) Design of Parking Lots.
3
(1) Parking spaces must be hard-surfaced, adequately
drained, and the square footage of each space must be in
accordance with Article 8 for parking regulation, with clear
access thereto and shall be located on the same property as
the main building.
(2) Parking lots shall be designed to assure safe
vehicular and pedestrian circulation.
(ii) Access and Circulation Plan Required. All proposed schools
are required to submit a site plan and shall provide an access
and circulation plan with the application for development
approval. The plan shall demonstrate that the following
standards for vehicular access and circulation are met by the
proposed development:
(1) All projects shall have one access to a public right-
of-way; if a lot has more than 300 spaces, two access points
shall be allowed.
(2) A nonresidential development on a corner lot may be
allowed two points of access, provided that neither point of
access is onto a principal arterial and that any access onto a
collector shall be minimum of 300 feet from the intersection
of the center lines of the rights-of-way.
4. Automobile Stacking: Stacking space, defined as that space in which
pickup and delivery of children can take place, may be provided in
the form of specified parking stalls and/or areas clear of vehicular
drive aisles. Stacking space shall be provided for a minimum of two
(2) automobiles for charter schools with twenty (20)to forty (40)
children; schools with forty-one (41) to sixty(60) children shall
provide four (4) spaces; thereafter there shall be provided a space
sufficient to stack five (5) automobiles.
5. Traffic: The vehicular traffic resulting from or in connection with
the use shall not be of such volume or normal routing as to add
materially to the traffic on streets that primarily serve residential
property.
6. Floor Area Ratio: There shall exist a maximum usable floor area of
.6.
7. Height: School buildings shall not exceed five (5) stories, or fifty
(50) feet in height. Build heights are also subject to approvals from
Miami-Dade County Aviation.
4
5. Lighting:
(i) Parking lots for schools shall have a minimum
average maintained foot candle level of 1.0. Parking
lot lighting shall be designed to allow safe and secure
use of the facility.
(ii) Pedestrian lighting shall have a minimum average
maintained foot candle level of .6. Sidewalk lighting
must establish a safe and secure atmosphere and
differentiate between pedestrian areas and vehicular
parking use areas.
(iii) There shall be no glare resulting from lights in connection
with the use that is observable from outside the boundaries
of the district within which the use is conducted.
F Other Development Regulations
1. Fencing and Screening: Outdoor play and athletic areas shall have
safe and adequate fencing or wall at a minimum of six (61 feet in height.
Fencing material may be constructed of masonry or metal fencing made of
non-corrosive metal. Fencing shall be designed in a way as not to create a
safety hazard to any child.
2. Landscaping: Landscaping shall be installed in accordance with
Article 7 of the Code.
3. Hazards: All water hazards such as pools, swimming pools, wading
pools, ditches, ponds or any other similar hazard to life and limb of a child
shall be adequately fenced to prevent unsupervised access by any child.
4. Maintenance of Play Areas: Outdoor play and athletic areas shall be
properly policed at all times and be clean and free of debris.
5. Accessory Uses: Accessory uses may be permitted in accordance
with the procedures and requirements outlined herein and after approval of
the Planning Council, the Zoning Board of Appeals, and the City
Commission as appropriate.
6. District Regulations: When the school or accessory use, is placed in any
zoning district, the more restrictive regulations of that district or this
regulation shall apply; however, in all instances, the more restrictive of this
Section and other applicable regulations shall apply.
5
G. Additional Information. All school facilities shall submit the following
applicable information to the City in accordance with this Code for review and
consideration at a public hearing:
1. Written Information
(i) Total size of the site;
(ii) Maximum number of students to be served;
(iii) Maximum number of teachers and administrative and
clerical personnel;
(iv) Maximum number of classrooms and total square
footage of classroom space;
(v) Total square footage of non-classroom space;
(vi) Amount and location of exterior recreational/play area in
square footage;
(vii) Grades or age groups that will be served;
(viii) Days and hours of operation, weekly and annually;
(ix) An explanation of any such activities anticipated to be
conducted in association with the charter school but
typically conducted outside of the hours of operation of
the charter school;
(x) Means of compliance with requirements of the Fire
Department, Miami-Dade County Department of Public
Health, the Department of Health and Rehabilitative
Services, and any Federal or State regulations applicable
to the specific application.
2. Graphic Information. The following graphic information shall
be prepared by design professionals, such as registered
Florida architects and landscape architects:
(i) A plan indicating existing zoning on the site and
adjacent areas;
(ii) A site plan indicating the following:
(a) Location of all structures;
(b) Parking layout, automobile stacking area and
drives;
(c) Walkways;
(d) Location of recreation areas and play
equipment which shall include surrounding
fences and/or walls;
(e) Any other features which can appropriately be
shown in plan form;
(iii) Floor plans and elevations of all proposed structures;
6
(iv) Landscape development plan listing quantities, size,
and names of all plants in accordance with Chapter 7
of this code.
H. Other. Schools and related facilities shall not be located closer than one
thousand (1,000) feet to any establishment which has, as one of its
.rincisal ourposes the sale of li•uor for consumption on or off the
premises. The same uses shall not be located closer than five hundred
(500) feet to any establishment which sells beer and/or wine for
consumption on or off the premises, except that this subsection shall not
apply to any one of the above-mentioned uses presently in existence and
operating legally or those businesses such as retail convenience food stores,
grocery stores, and restaurants whose principal business is not the sale of
alcoholic beverages but includes beer and wine as incidental to the primary
business operations.
Site plan and special exception approvals
The following requirements, procedures and standards shall apply to
any uses requiring site plan and /or special exception approval by
the city commission.
(1) Site plan. Every site plan presented to the city commission shall show
the complete layout of the proposed development of the site drawn to
scale and including the following:
(a) Locations of all buildings and the front, sides and rear elevations
thereof, including the location, size, type and design of all signs;
(b). Locations of all areas to be used for automobile parking and, in
B-1, B-2 and B-3 districts, for the loading and unloading of goods;
(c) Locations and widths of all driveways on and giving access to the
site.
(d) Locations and nature of all walls, fences and landscaping;
(e) Existing and proposed drainage of the site
(f) Such other information as the city commission may require in
order to act on such site plan in accordance with the requirements of
this article.
(2) Items to be reviewed. The city commission shall review and require
all of the following when appropriate:
(a). Require adequate space for automobile parking and for the
loading and unloading of any goods;
7
(b) Make requirements as to the location of such parking spaces and
driveways giving access thereto and of other vehicular access to the
site as will orotect the .ublic safet and serve the .ublic convenience-
(c) Make requirements as will assure adequate drainage of the site,
subject to approval by the South Florida Water Management District
with respect to any land lying adjacent to any canals in the city;
(d). Make requirements with respect to the following matters:
(i). Building design and location, including setbacks;
(ii) The location, size, type, design and extent of display of
signs;
(iii) The location and nature of walls and fences;
(iv) Sidewalks and if appropriate, bike paths;
(v) The location, nature and provision for the maintenance of
landscaping; as will assure a harmonious relation between
the uses to which the site plan applies and existing and
prospective residential and other development in the
vicinity.
(e) Performance standards. The city commission shall apply the
following standards in acting on proposed new uses and changes
of use and such standards shall govern both the establishment of
any use and its continuing operation:
(i) No odor, dust, fumes, gas, smoke or other atmospheric
pollutant shall be disseminated beyond the boundaries of the
immediate site of the building in which the use is conducted in
B-1, B-2 and B-3 districts.
(ii). There shall be no noise or vibration resulting from or in
connection with the use that is perceptible from any part of any
district.
(iii). There shall be no glare resulting from lights in connection
with the use that is observable from outside the boundaries of
the district within which the use is conducted.
(iv). The vehicular traffic resulting from or in connection with
the use shall not be of such volume or normal routing as to add
materially to the traffic on streets that primarily serve residential
property.
(v). The use shall not be otherwise detrimental, objectionable
or annoying to nearby residential property.
J. Plan Review Standards
1. Scale. The scale of proposed charter school facilities shall be
compatible with the scale of surrounding proposed or existing_
uses and shall be made compatible by the use of buffering
elements.
8
2. Compatibility. The design of charter school facilities shall be
compatible with the design, kind and intensity of uses and
scale of the surrounding area.
3. Buffers. Buffering elements shall be utilized for visual
screening and substantial reduction of noise levels at all
property lines where necessary. Service Areas-Wherever
service areas are provided, they shall be screened and so
located as to be compatible with the adjacent properties.
Parking Areas- Parking areas shall be screened and so
located as to be compatible with the adjacent properties.
4. Circulation. Pedestrian and auto circulation shall be separated
insofar as is practicable, and all circulation systems shall
adequately serve the needs of the facility and be compatible
and functional with circulation systems outside the facility.
5. Noise. Effective measures shall be provided to keep noise
at acceptable levels.
8. Operating Time. The operational hours of a school facility
shall be compatible with the activities of other adjacent
properties.
9. Industrial and Commercial. Where schools are proposed in or
adjacent to, industrial or commercial areas it shall be clearly
demonstrated in graphic form and otherwise, how the impact
on the commercial or industrial area has been minimized
through site design techniques and/or operational
modifications.
Section 3. Upon adoption this ordinance shall be codified in the City of
Opa-locka city code.
Section 4. If any clause, section, or other part or application of this
Ordinance is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or in application, it shall not affect the validity of the remaining
portions or applications of this Ordinance.
Section 5. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 6. This Ordinance shall become effective immediately upon passage.
PASSED FIRST READING, this day of , 2010.
9
PASSED SECOND READING, this day of , 2010.
Sealed and delivered in CITY OF OPA- LOCKA
the presence of:
By:
, Mayor
ATTEST:
, City Clerk
I HEREBY CERTIFY that I have
aproved', is rdi , ,c•° as to form.
1 Ii i i )
L i! City Attorney.- I Y
10
THE MIAMI HERALD ( MiamiHerald.com SUNDAY,JUNE 13,2010 1756SD
NEIGHBORS CALENDAR ,----
Listings are considered for publication free of charge on a I NOTICE TO THE PUBLIC
space-available basis with preference given to nonprofit I
a organizations,benefits and free activities.Notices must , CITY OF OPA°LOCI,FLORIDA
be received at least two weeks before your event or NOTICE IS HEREBY GIVEN that at the Regular Commission Meeting on Wednesday,June 23,2010 at 7:00 p.ro in the City Commission Chambers,777 Sharazad
§ registration deadline.Listings must contain a local or Boulevard,the City Commission will consider the following ordinance for final adoption:
t toll-free phone number for the public to contact and any
O• 45 .... fes and it is helpful to put name and date of event on the SECOND READING ORDINANCES/PUBLIC HEARING:
J 6 subject line.If your event is ongoing,it will remain online
N e in our system for three months.If you wish to extend it, AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING THE CITY'S LAND DEVELOPMENT REGULATION
p- you must send us a new press release with all the CODE TO PROVIDE FOR A NEW SECTION 5.14,ENTITLED"SCHOOLS";PROVIDING FOR CONFLICTS;PROVIDING FOR SEVERABILITY AND
O Z information.To submit notices: CODIFICATION;AND PROVIDING FOR AN EFFECTIVE DATE(first reading held on May 26,2010).Sponsored by C.M.
u_ S. 0' a Online:At MiamiHerald.com,click on Calendar of
O i. r Events,then follow the prompts to Add an Event or AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AUTHORIZING THE CITY MANAGER TO ENTER INTO AND
aA„ o e-mail your items to newscalendar@ EXECUTEA FIVE-YEAR INTERLOCAL AGREEMENT WITH THE MIAMI-DADE COUNTY STORMWATER UTILITY FOR CONTRACT SERVICES PERTAINING
ta g Ma. TO STORMWATER MANAGEMENTAND MAINTENANCE OF SNARED STORMWATER DRAINAGE SYSTEMS IN AN AMOUNT NOT TO EXCEED THREE
& a Mail:Calendar Desk-Newsroom,The Miami Herald,1 ; HUNDRED FORTY-SIX THOUSAND THREE HUNDRED TWENTY-TWO DOLLARS AND NO CENTS($346,322.00)ANNUALLY,PAYABLE FROM
m i Herald Plaza,Miami,FL 33132-1693. i
g a Questions?Call 305-376-3355 from 10 a.m.to 6 p.m. ACCOUNT 43-538340;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE.
1 weekdays. (first reading held on June 9,2010).Sponsored by C.M.
d en •c T AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA,AMENDING SECTION VI OF THE CITY'S COMPREHENSIVE
E d ti ° MASTER PLAN TO ALLOW FOR PUBLIC SCHOOLS/CHARTER SCHOOLS IN SPECIFIC LAND USE CATEGORIES AND TO ALLOW AN INCREASE IN
Z u,• .2 0. m LECTURES of The,which Kings the story of DENSITY FOR AFFORTABLE HOUSING PROJECTS IN MODERATE DENSITY CATEGORIES IN ACCORDANCE WITH THE 2010 EVALUATION AND
m . N @ WORKSHOPS, Maria Garcia rciay tells the stor of
Maria Garcia y Cifuentes,the APPRAISAL REPORT;PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT AND REPEALER;PROVIDING FOR SEVERABILITY
U < en 0 BOOK muse who inspired the song AND CODIFICATION;PROVIDING FOR AN EFFECTIVE DATE.(first reading held on June 9,2010).Sponsored by CA.
PRESENTATIONS Beautiful Maria fMySoul n
iMambo Kings;8 p.m.Friday. Additional information and/or copies of the above ordinance may be obtained in the Office of tie City Clerk,790 Rsherman Street,4.Floor,Opa-iocka,Fonda All interested persons are ■
a Books&Books-Bab Harbour Cuban Jewish History:George , encouraged to attend this meeting and will be heard with respect N the public hearing.
e Shops:9700 Collins Ave.,second Feldenkreis discusses Jewish PURSUANT TO FS 286.e105: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
0 0 level,Bal Harbour;free, community organizations and will need a record of the proceedings,and for that reason,may need to ensure that a verbatim record of the proceedings k made,which record includes tie testimony and evidence
O 305-864-4241 or Zionism in Cuba during and after upon which the appeal may be based.
rn go p • www.booksandbooks.com: World War II.Feldenkreis was
0 o u+ ,a a The Red Umbrella:Christina born in Cuba in 1935 to parents DEBORAH S.IRBY,CMG
cog m 0 m fr Gonzalez tells the tale of a who fled Poland.George served CITY CLERK
e 14-year-old girl's journey from as president of the Zionist Youth _
- g Cuba to America as part of Council in 1948,7:30p.m. - `' ',,+%' -?'�7" '-''' 'Tbo, - 7",'_
d & Operation Pedro Pan,an Wednesday;Jewish Museum of
organized exodus of more than Florida,301 Washington Ave, `' ead'' Storm .- /7
3 ai I 14,000 unaccompanied kids, Miami Beach,$6,free for �� S
Iii Z a `o whose parents sent them to the members.305-672-5044,
E o F B U.S.to escape the Castro regime; ext.3175 or L z 7:30 p.m.Wednesday. a 'M in i :Warehouse -S p a c e 9 m ui o Books&Books:265 Aragon hens r• c try ij Ave.,Coral Gables;free. foreign correspondent,lecturer E' . ,y- f'� -
B• 305 442-4408 b teacher and a literary critic and . a i - a c e ll .
www.booksandbooks.comy Vanity Fair columnist,presents r c - g - p r
o Because lAm Your Dadd. his memoir and shares his +'
A Sherry North presents story that personal life story;7:30 p.m
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tv § to make sure all of his child's Ticket can be used toward the
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Sunday. www.booksandbooks.com. ., ,'.v F �-s - m- -�-�-m-�•� �T-�
8 o The Lost Cyclist David Herlihy Lunch and Learn:Author, ) ..�r. - --t "� 'y- t T I
▪ ® $ tells the story of Frank Lenz of renowned speaker and digital 'g- 3 ice- �t(" k / >� r t -'
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high-wheel racer,who,in the late Dejean deconstructs the world of. r, =Yr �. .f ,&->_ .r
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a BeautifulMariaofMYSoul. Ives Dal Self.Storage, 20340 NE 15'. Court'. North`Miami Beach FL 33179f'
.e Cuban-American novelist Oscar "TURN TO CALENDAR,17
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3®6i�Zm5 .1 sr 354 0 Email: Idenorrhdadestorage.com