HomeMy WebLinkAboutO-11268J-95-241
03 16 95
ORDINANCE NO. 12 6
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY AMENDING
SECTION 401 TO ALLOW "CONTAINER YARDS" AS A
CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING
DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY; BY ADDING A
NEW SECTION 942, ENTITLED "CONTAINER YARDS," TO
IDENTIFY AND SPECIFY LIMITATIONS AND CONCERNS
ASSOCIATED WITH THE USE; AND AMENDING SECTION 2502 TO
DEFINE "CONTAINER YARDS"; CONTAINING A REPEALER
PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the Miami Planning Advisory Board, at its meeting of
March 15, 1995, Item No. 3, following an advertised hearing, adopted
Resolution No. PAB 13-95 by a vote of nine to zero (9-0), RECOMMENDING
APPROVAL of amending Ordinance No. 11000 as hereinafter set forth; and
WHEREAS, the City Commission after careful consideration of this matter
i
deems it advisable and in the best interest of the general welfare of the City
of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set
forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. Ordinance No. 11000, as amended, the Zoning Ordinance
of the City of Miami, Florida, is hereby amended by amending the text of said
Ordinance as follows:'/
"ARTICLE 4. ZONING DISTRICTS
Words and/or figures stricken through shall be deleted. Underscored
wards and/or figures shall be added. The remaining provisions are now
in effect and remain unchanged. Ellipsis and asterisks indicate omitted'
and unchanged material.
11268
Sec. 401. Schedule of district regulations.
I Industrial.
Conditional Principal Uses:
As for C-2 and in addition:
6. Container Yards only b
requirements and limitatio
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ecial
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ion and subject to the
ARTICLE 9. GENERAL AND SUPPLEMENTARY REGULATIONS
Sec. 942. Container Yards.
942.1. Limitations on Container Yards.
Container Yards shall be permitted only by Special
Exception.
Each Container Yard proposal shall be reviewed for
compliance with the following restrictions:
a) The maximum number of containers that may be stacked
vertically shall be three 3 .
bZ Notwithstanding provisions of Section 908.8 to the
contrary, Container Yards shall be surroundedy a 10'-
15' high wall setback 10' from F roperty lines to allow
for designated landscaping, subject to approval of the
Planning and Zoning Division.
c) All crane operations shall be conducted in daylight
hours between 8:00 a.m. and 6:00 p.m.
d) All security floodlights shall be shielded and/or
deflected from surrounding residential neighborhoods.
In addition to these restrictions consideration shall be
given in the review of each proposal to the fo lowing:
noise generation; dust; vibrations; street capacity and
maneuverability; illumination spillover; traffic and
-2- 11268
neoative visual impact; and appropriate measures shall be
required to minimize the potential adverse effects brought
about by the implementation of the subject use with re ards
to the above or other pertinent concerns.
ARTICLE 25. DEFINITIONS
Sec. 2502. Specific definitions.
Container Yards. Facilities for the outdoor storage, stacking and
processing of containers intended for shipment.
Section 2. All ordinances or parts of ordinances insofar as they
are inconsistent or in conflict with the provisions of this Ordinance are
hereby repealed.
Section 3. If any section, part of this section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the remaining
provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective thirty (30) days
after final reading and adoption thereof.
I
PASSED ON FIRST READING BY TITLE ONLY this 1st day of
May 1995.
I
PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this
25th day of May 1995.
STLIPHEN P. CLARK, YOR
ATTEST:
L/
MA HIRAI
CITY CLERK
11268
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PREPARED AND APPROVED BY:
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?JEL MAWITY ATTORNEY
APPROD AS TO FORM AND
CORRECTNESS:
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PLANNING FACT SHEET
APPLICANT City of Miami Planning, Building and Zoning Department.
APPLICATION DATE N/A.
REQUEST/LOCATION Amendment to Articles 4, 9 and 25 of Zoning Ordinance 11000.
LEGAL DESCRIPTION N/A.
PETITION Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the
City of Miami, by amending Article 4, Section 401, Schedule of District Regulations
in order to allow "Container Yards" as a "Conditional Principal Use" in the "I"
Industrial Zoning District by Special Exception Permit only and by amending Article
9, General and Supplementary Regulations to add a new Section 942 entitled
"Container Yards", to identify and specify limitations and criteria to be used in
reviewing said use, and by amending Article 25, Section 2502, Specific Definitions,
in order to provide a definition for "Container Yards".
PLANNING Approval.
RECOMMENDATION
BACKGROUND AND At the City Commission meeting of January 12, 1995, the issue was raised as to
ANALYSIS whether "Container Yards" as defined in the attached legislation, was a permitted
use anywhere under the City's existing Zoning Ordinance 11000. Upon referring the
question to the Zoning Administrator, it was determined that the use, while similar
to freight terminals, was not specifically defined or permitted under any of the
existing definitions within the ordinance. Pursuant to Section 904, Determinations
Concerning Uses Not Specified, the Director of the Planning, Building and Zoning
Department issued the attached Determination #95-001 in which it was determined
that "Container Yards" would be permitted as a "Conditional Principal Use" in the
"I" Industrial Zoning Districts by Special Exception Permit only and with certain
limitations. Please see attached Determination of Use N95-001.
PLANNING ADVISORY BOARD Approval.
CITY COMMISSION Passed First Reading on CC 511/95.
APPLICATION NUMBER 94-169
05/15/95
VOTE: 9-0.
March 15, 1995
112.68
RESOLUTION PAB - 13-95
A RESOLUTION RECOMMENDING APPROVAL OF AMENDING ORDINANCE 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4,
SECTION 401, SCHEDULE OF DISTRICT REGULATIONS IN ORDER TO ALLOW "CONTAINER
YARDS" AS A "CONDITIONAL PRINCIPAL USE" IN THE "I" INDUSTRIAL ZONING
DISTRICT BY SPECIAL EXCEPTION PERMIT ONLY AND BY AMENDING ARTICLE 9,
GENERAL AND SUPPLEMENTARY REGULATIONS TO ADD A NEW SECTION 942 ENTITLED -
CONTAINER YARDS IN ORDER TO IDENTIFY AND SPECIFY LIMITATIONS AND CRITERIA
TO BE USED IN REVIEWING SAID USE, AND BY AMENDING ARTICLE 25, SECTION
2502, SPECIFIC DEFINITIONS, IN ORDER TO PROVIDE A DEFINITION FOR
"CONTAINER YARDS".
HEARING DATE: March 15, 1995
VOTE: 9-0.
ATTEST.
SERGIO
PLANNING, BUILDING AND ZONING
SERGIO RODRIGUEZ ACM '-,., .x:9-250-5409 Mar 15:57 P. 01t03
CITY OF MIAMI, FLORIDA
TO Juan Gonzalez DATE
Acting Zoning Administrator
Planning, Building and Zoning Dept. SUBJECT:
FROM : Sergi dri guez, REFERENCES
rAs'si ant City Manager
Dire tor, Planning, Bu�ld�ng and Zoning. ENCLOSURES:
February 27, 1995 FILE :
Request for a Determination
Concerning Uses Not Specified:
Container Yards
Zoning Determination 95-001
Pursuant to Section 904, Determinations Concerning Uses Not Specified, of Zoning
Ordinance 11000, and in response to an issue raised at the City Commission meeting
of January 12, 1995, it is hereby determined that:
Container yards are not specifically identified in'Ordinance 11000, as amended, the
Zoning Ordinance of the City of Miami, but due to their particular characteristics
they are compatible with the general. intent of Industrial zoning districts and
therefore merit inclusion as conditional principal uses therein.
In considering whether container yards are presently addressed by the Zoning
Ordinance of the City of *Miami, the Planning, Building and Zoning Department has
made the following findings:
1. Ordinance 11000, as amended, currently allows Freight terminals in industrially
zoned districts.
2.•Freight terminals are defined in Article 25 of Ordinance 11000, as amended; as
warehouse facilities for the handling of freight or storage of goods and materials.
3. The Zoning Administrator has interpreted freight terminals to be uses which
occur within enclosed structures and not in the open.
4. Container yards are facilities for the outdoor storage, stacking and processing
of containers intended for shipment.
For these reasons it is concluded that freight terminals and container yards are
substantially different uses that must be addressed separately by the Zoning
Ordinance'.
In considering the permissibility of container yards the Planning, Building and
Zoning Department has made the following findings:
1. The particular characteristics of container yards are compatible with the intent
of Industrial zoning which reads:
111T a industrial category applies to manufacturing, processing assembly and storage
'activities; and generally limits activities to those which do not generate
excessive amounts of noise, smoke, fumes, illumination, traffic, hazardous wastes,
or negative visual impact iA may involve the discharge of effluents beyond those
generally discharged into sanitary sewer systems. These districts shall be located
11268
Page I of 2 5
SERGIO RODRIGUEZ ACM ;:9-250-5409 Mar 15:58 P.02/03
where directly served by major transportation facilities, and buffered from
residential areas."
2. Issues of concern with container yards are: the amount of noise generated,
illumination spillover, traffic and negative visual impact.
For these reasons it is concluded that container yards shall be allowed as
conditional principal uses in industrial zoning districts subject to Special
Exception review, so that appropriate precautions may be taken to minimize their
potential adverse effects.
The conditions under which this use is to be permitted include, but are not limited
to:
a) The maximum number of containers that may be stacked vertically is to be set at
three (3) .
b) Container Yards will be surrounded by a 10-15` high wail setback 10' from
property lines to allow for designated landscaping subject to the approval of the
Planning and Zoning Division.
c) All crane operations will be conducted in day light hours between 8:00 a.m. and
6:00 p.m.
d) Any security floodlights will be shielded and/or deflected from surrounding
residential neighborhoods.
e) In addition to these restrictions, consideration will be given in the review of
each proposal for the following: noise generation; dust; vibrations; street
capacity- and maneuverability; illumination spillover; traffic and negative visual
impact; and appropriate measures will be required to minimize the potential adverse
effects brought about by the implementation of the use with regards to the above or
other pertinent concerns.
At the next opportunity, this department will amend the Zoning Ordinance to
appropriately reflect this determination. Until such amendment, this determination
shall govern the regulation of this particular use.
cc: Teresita L. Fernandez, Chief of Nearing Boards Division.
(for distribution to boards)
Francisco Garcia, Planning Division.
Central File: Determinations
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Page 2 of 2
1,1268
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MIAMI ®AIDE BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Sookle Williams, who on oath says that she is the Vice
President of Legal Advertising of the Miami Daily Business
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami In Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11268
In the ......... , XXXXX , ...... Court,
was published in said newspaper In the Issues of
Jul 10, 1995
Afflant further says that the sald'Mlaml Daily Business
Review is a newspaper published at Miami In said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said Dade County, Florida,
each day (except Saturday, Sunday and Legal Holidays) and
has been entered as second class mall matter at the post
office in Miami in said Dade County, Florida, for a period of
one year next preceding the first publication of the attached
copy of advertisement; and affiant further says that she has
nett r ald nor promised any person, firm or corporation
an dis unt, rebate, commission or refund for the purpose
of sec ing this advertisement for publication in the said
n per. A
1 O Sworn to bscribed before m his
y Of ......... D. 19.....
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(SEA A)(yTA1iY PUBLIC 5i AT
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CU' MA,iiSSION 140. CC 1721rS
Sooke WII pemonally known to �.v rr,kcfar�,lc�i� EXP.;i1P..
CHTY OF MIAIM19 FLORIDA I
LEGAL NOTICE
— Ali interested persons will take notice that on the 25th day of May,
1995, the City Commission of Miami, Florida, adopted the following titled
ordinances:
ORDINANCE NO.11265 fl
AN ORDINANCE AMENDING THE ZONING ATLAS OF THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4,
SECTION 401; SCHEDULE OF DISTRICT REGULATIONS, BY.
CHANGING THE ZONING CLASSIFICATION FROM 8-2 TWO-FAMILY
RESIDENTIAL TO O OFFICE FOR THE PROPERTY LOCATED AT
2728 SOUTHWEST 12TH STREET, - MIAMI, FLORIDA (MORE
PARTICULARLY DESCRIBED HEREIN); AND BY MAKING ALL THE
NECESSARY CHANGES ON PAGE NO. 40 OF SAID ZONING ATLAS;
CONTAINING: A REPEALER PROVISION AND A SEVERABILITY
CLAUSE.
ORDINANCE. NO.11266
AN ORDINANCE AMENDING THE FUTURE LAND USE MAP. OF
THE _ COMPREHENSIVE NEIGHBORHOOD PLAN FOR THE
PROPERTY LOCATED AT 5600-5664.WEST FLAGLER STREET, BY
CHANGING THE LAND USE DESIGNATION FROM RESTRICTED
COMMER IAL TO GENERAL COMMERCIAL;- MAKING FINDINGS;
INSTRUCTING THE TRANSMITTAL OF A COPY OF THIS
ORDINANCE TO AFFECTED AGENCIES; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
ORDINANCE NO-112111L.—
AN ORDINANCE AMENDING THEG ORDINANCE BY
AMENDING SECTION 401 TO ALLOW "CONTAINER YARDS" AS A
CONDITIONAL PRINCIPAL USE IN THE I -INDUSTRIAL ZONING
DISTRICT BY SPECIAL EXCEPTION PERMIT.ONLY; BY -ADDING A
NEW SECTION 942, ENTITLED "CONTAINER YARDS; TO IDENTIFY
AND SPECIFYLL LIMITATIONS AND CONCERNS'ASSOCIATED WITH
THE USE; AND AMENDING SECTION 2502 TO DEFINE 'CONTAINER
YARDS'; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
ORDINANCE NO.11269
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
AMENDING SECTION 401, TO CLARIFY THE LIST OF PERMISSIBLE
USES WITHIN THE C-2 LIBERAL COMMERCIAL, ZONING DISTRICT;
BY AMENDING SECTION 906 TO ADD LANGUAGE REGARDING
ALLOWABLE SIZES OF ACCESSORY STRUCTURES; SECTION 915
TO LIMIT OVERALL HEIGHTS OF BUILDINGS WITHIN R-1 AND R-2
ZONING DISTRICTS; SECTION 917, TO ADD LANGUAGE
REGARDING ALLOWABLE PARKING MANEUVERS WITHIN
RESIDENTIAL DISTRICTS; AND BY AMENDING SECTION 2502 TO
PROVIDE -A DEFINITION AND _METHOD OF CALCULATION FOR
'BUILDING HEIGHT'; CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE; AND, PROVIDING FOR AN EFFECTIVE
DATE. -
ORDINANCE NO.11270
AN ORDINANCE AMENDING THE ZONING ORDINANCE BY
AMENDING SECTION 608, "SD-8 DESIGN PLAZA COMMERCIAL
RESIDENTIAL DISTRICT," TO ALLOW -OUTDOOR PHOTOGRAPHIC
STAGE SETS" AS 'A CONDITIONAL PRINCIPAL USE BY CLASS II
SPECIAL _ PERMIT; 'BY AMENDING SECTION. 2502, TO DEFINE
'OUTDOOR PHOTOGRAPHIC STAGE SETS% .CONTAINING A
REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Said ordinances may be inspected by the public at the Office of the
City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through
Friday; excluding holidays, between the hours of 8 a.m. and 5 p.m.
WALTER,J. FOEMAN
o� oe CITY CLERK i
(82329) 7/10 95 4-071008M