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Home My WebLink AboutO-09333t ORDINANCE NO. 9 •`3 ;3 3. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING OR- DINANCE OF THE CITY OF MIAMI AS AMENDED, BY APPENDING SUB -SECTION (2), SECTION 36, ARTICLE IV GENERAL PROVISIONS, BY ADD— ING (INCINERATORS ON HOSPITAL SITES AS A PRINCIPAL USE PROVIDED THAT SUCH USE SHALL BE LIMITED TO THE HOSPITAL ON SITE AND OTHER HOSPITALS LOCATED WITHIN THE CITY OF MIAMI) IMMEDIATELY AFTER "HOSPITALS" IN THE FIRST LINE, AND BY DELETING SUB -SECTION (5), SECTION 10, ARTICLE XXII - PERFORMANCE STANDARDS, AND INSERTING IN LIEU THEREOF A NEW SUB —SECTION (5) TO READ AS FOLLOWS: REDUCTION OF GARBAGE, REFUSE, OFFAL AND DEAD ANIMALS, EXCEPT THAT INCINE- RATORS MAY BE PERMITTED AS A PRINCIPAL USE ON A HOSPITAL SITE SUBJECT TO THE PROCEDURES OF ARTICLE IV GENERAL PROVI- SIONS, SECTION 36, AND BY MAKING THE NECESSARY CHANGES IN THE 'ZONING DIS- TRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CON- TAINING A SEVERABILITY CLAUSE. WHEREAS, the Miami Planning Advisory Board at its meeting of July 15, 1981, Item No. 5, following an advertised hearing, adopted Resolution No. P.AB 49-81, by a 6 to 0 vote RECOMMENDING DENIAL of an amendment to Comprehensive Zoning Ordinance 6871, as hereinafter set forth; and WHEREAS, the City Commission notwithstanding the denial of the Planning Board finds that the amendment would not be detri- mental or injurious to the character of the City of Miami, Florida or to its inhabitants. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Ordinance No. 6871, the Comprehensive Zoning Ordinance of the City of Miami, be and the same is hereby amended by amending Sub -section (2), Section 36, ARTICLE IV - GENERAL PROVISIONS, by adding: (INCINERATORS ON HOSPITAL SITES AS A PRINCIPAL USE PROVIDED THAT SUCH USE SHALL BE LI- P ubIldat10 ottf V '1 2 MITED TO THE HOSPITAL ON SITE AND OTHER HOSPITALS LOCATED WITHIN THE CITY OF MIAMI) immediately after "HOSPITALS" in the first line, and by deleting Sub -section (5), Section 10, ARTICLE XXII - PERFORMANCE STANDARDS, and inserting in lieu thereof a new Sub -section (5) to read as follows: REDUCTION OF GARBAGE, REFUSE, OFFAL AND DEAD ANIMALS, EXCEPT THAT INCINE- RATORS MAY BE PERMITTED AS A PRINCIPAL USE ON A HOSPITAL SITE SUBJECT TO THE PROCEDURES OF ARTICLE IV GENERAL PROVISIONS, SECTION 36, and by making the necessary changes in the zoning district map made a part of said Ordinance No. 6871, by re- ference and description in Article III, Section 2, thereof. Section 2. That all Ordinances, Code Sections or parts thereof in conflict herewith be and the same Are hereby re- pealed insofar as they are in conflict. Section 3. Should any part or provision of this Ordi- nance be declared by a court of competent jurisdiction to be invalid, the same shall not affect the validity of the Ordi- nance as a whole. PASSED ON FIRST READING BY TITLE ONLY this 24th day of September, 1981. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 22nd day of October, 1981. ATTEST: C'3 eYILT G. ONGIE, CLERK PREPA"ED AND APPR WED BY: 14 RR A. VALENTINE ASSISTANT CITY ATTORNEY APPROVED AS TO"FORM AND CORRECTNESS; GEORO� F. KNOX, JR. CITY'.;ATTORNEY 2 Maurice A. Ferre MAURICE A. FERRE, MAYOR 9333 Publication of thl4 Notice on the 2@ day Qt Q4' Q t 1012t?-- M�9.9t)�lt]2 PLANNING FACT SHLET APPLICANT City of Miami Planning Department June 8, 1981 PETITION S.Per City Commission Motion 81-488; May 28, 1981, consideration of recommending amendments to Comprehensive Zoning Ordinance 6871 by amending sub -section (2), Section 36, ARTICLE IV GENERAL PROVISIONS by adding: I I� " .- (and incinerators on hospital sites as a principal use) immediately after "hospitals" in tho first line. and by deleting sub -section (5), Section 10, ARTICLE XXII PERFORMANCE STANDARDS and inserting in lieu thereof a new sub -section (5) to read as f of lows: Reduction of garbage, refuse, offal and dead' animals, except that incinerators may be per- mitted as a principal use on a hospital site subject to the procedures of ARTICLE IV GEN- ERAL PROVISIONS, Section 36. REQUEST To allow hospitals to operate incinerators as a principal use, upon Planning Advisory Board rec- ommendation and City Commission approval of the application. BACKGROLID Following; approval of a request of Jackson Memorial ' Hospital to allow on -site incineration of solid waste as an ancillary use, the Commission by Motion 81-488 dated May 29, 1981, directed that changes to the Comprehensive Zoning Ordinance be prepared that would allow on -site hospital incin- eration of solid waste as a principal use. ANALISIS Incinerators are currently prohibited as a princi- pal use in the City by terms of ARTICLE XXII, Section 10, Subsection (5) which prohibits: 11(5) Reduction of garbage, refuse, offal or dead animals". a Two facilities are currently available for the incineration of hospital waste: 1. A 121 ton -per -day infectious waste incinerator has recently been moved from Marco Island to the Dade County landfill at NW 58th Street. 2. A 50 ton -per -day incinerator for haz- ardous material, including hospital waste is in place at the South Dade Solid Waste Disposal Facility at Black Point. _?, Also, the Dade County Resource Recovery Plant at NW 58th Street includes a 3 ton -per -day pathological waste incinerator. It would appear more logical from an environmental standpoint to a) have hospital waste incinerated at County facilities at N`V 58th Street or b) allow only "red bag" infectious wastes to be incinerated at hospital sites in the City than to establish a precedent of allowing incinerators in the City where the regulation of uses would be difficult to enforce. RE CONINIENDAT I ON PLANNING DENIAL. Alternative locations are available for DEPART?.IENT the disposal of hospital waste. PLANNING ADVISORY BOARD RECOMMENDED DENIAL on July 15, 1981 by a 6 to 1 vote. CITY COMMISSION 9-24-81 - FIRST READING AS AMENDED. � i Howard V. Gary Cite Manager 3' seph IV. McManus Xcti.ng Director Planning Department Background October 7, 1981 Agenda Item 3 City Commission Meeting on Planning and Zoning, October 22, 1981 Incinearators on Hospital Sites as a Principal Use On September 24th, the Commission passed on first reading an ordinance permitting incinerators on hospital sites as a principal use, further stipulating that three conditions were to be included on second reading. The Planning De- partment recommends the ordinance as original- ly proposed but that Jackson Memorial Hospital should proffer the conditions. During discussion of }'Agenda Item 13 at the City Commission meeting on Planning and Zoning of September 24, 1981 the Commission considered amendments to Comprehensive Zoning Ordinance 6871 which would permit incinerators on hospital sites as a principal use upon the recommenda- tion of the Planning Advisory Board and authorization by the City Com- mission. Passed on first rending, the Commission further stipulated that three conditions were to be included on second reading as fol- lows 1. That the administration of Jackson Memorial Hospital would allow all hospitals in the City of. Miami to use the incinerator at Jackson Memorial Hospital. 2. That hospitals within City boundaries would have first preference and that their needs would be taken care of before anyone else is accepted. 3. That, other than City of Miami hospitals, the only other hospitals that would be accepted are the fol- lowing hospitals of .Miami Beach: � - Mount Sinai - St. Francis - Heart. Institute, and - South Shore l 0 Howard 11, Gary page 2 October 7, 1981 _ Analvsis v_ Zoning ordinances regulate the use of land and control building EL bulk. It is inappropriate to include in a zoning ordinance non- uniform conditions to a single hospital, or group of hospitals within the City of Miami or a group of hospitals outside the City of Miami.. It is also inappropriate to regulate a particu- lar class of potential users of a facility. Recommendation The planning Department recommends the ordinance as originally proposed. Jackson Memorial Hospital has been requested, by copy of the letter attached, to stipulate to the Commissions' condi- tions. The Commission also has the opportunity of attaching conditions at such time as Jackson Memorial Hospital applies to use their incinerator as a principal use. JIVM : mb Enc. L October 6, 1981 Mr. Don Freiderwald, Jr. Director Professional Services Jackson IMemorial Hospital 1611 ti'pI 12th Avenue Miami, Florida Dear Mr. Freiderwald: During,discussion of Agenda Item 13 at the City Commission meeting on Planning and Zoning of September 24, 1981, the Commission expressed their policy regarding incineration of infectious wastes, In response to the Commission's policy, would you please prepare and proffer a letter wherein the following items are stipulated: 1. That the administration of Jackson Memorial Hospital recognizes that the City Commission is considering amendments to Comprehensive Zoning Ordinance 6871 which would permit in- cinerators on hospital sites as a principal use upon the recommendation of the Planning Advisory Board and authorization by the City Commission. 2. That the administration of Jackson Memorial Hospital would allow all hospitals in the City of Miami to use the incinerator at Jackson Memorial Hospital. 3. That hospitals within City boundaries would have first preference and that their needs would be taken care of before anyone else is accepted. PLANNING DEPSKTMFNT ; NA', 2.)d Street / `1iarm. Honda 33123 `tAlll^.l; A7rir;i,f.':?,Jdd 3 1.0 4-+ rj Mr, Don Freiderwald, Jr, Page 2 October 6, 1981 4. That, other than City of Miami hospitals, the only other hospitals that would be accepted are the following hospitals of Miami Beach: - Mount Sinai. - St. Francis - Heart Institute and - South Shore Please note that this item will be heard on second reading October 22, 1981. Sincerely, G �oseph IV. McManus Acting Director Planning Department cc: Mr. Manfred Fl.am, Administrator Maintenance and Construction 1611 N.W. 12th Avenue Miami, Florida 33136 333 eltV OF MlAMIlf lb I.I JUN01108 All interested will take notice that on the 22nd day of October, 1981, the City Commission of Miami, Florida adot;led the following titled ordinances: ORDINANCE NO, 9333 MIAMI REVIEW AND DAILY RECORD Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Dianna Stuver. who on oath says that she is the Assistant to the Publisher of the Miami Review and Daily Record. 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 MINIM IN RE: ORDINANC7 NO. 9333 V V v in the .`.•........................ Court, was published in said newspaper in the issues of Oct. 29, 1981 .................................................... Affiant further says that the said Miami Review and Daily Record 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 mail 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 neither paid not promised any person, firm or corporation any discount, rebate. commission or refund for the purpose of securing this advertisement for publication in the said newspaper. 6worn to and subscribed before me this 22th Oct - day of A.D. 19.' .... . f ' i Betty J. Brooks UI f votary Public, State of Florida at Large (SEAL) My Commission expires June,1, 1983, AN ORDINANCE AMENDING ZONING ORDINANCE NO.6871, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF MIAMI AS AMENDED, BY AMENDING 81.18-SECTION (2), SECTION 36, ARTICLE IV — GENERAL PROVISIONS, BY ADDING (INCINERATORS ON HOSPITAL SITES AS A PRINCIPAL USE PROVIDED THAT SUCH USE SHALL BE LIMITED TO THE HOSPITAL ON SITE AND OTHER HOSPITALS LOCATED WITHIN THE CITY OF MIAMI) IMMEDIATELY AFTER "HOSPITALS" IN THE FIRST LINE, AND BY DELETING SUB- SECTION (5), SECTION 10. ARTICLE XXII — PERFORMANCE STANDARDS, AND INSERTING IN LIEU THEREOF A NEW SUB -SECTION (5) TO READ AS FOLLOWS: REDUCTION OF GARBAGE, REFUSE, OFFAL AND DEAD ANIMALS, EXCEPT THAT INCINERATORS MAY BE PERMITTED AS A PRINCIPAL USE ON A HOSPITAL SITE SUBJECT TO THE PROCEDURES OF ARTICLE IV GENERAL PROVISION, SECTION 36, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6671 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2 THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9334 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF S80' of LOTS 1, 2 and 3 OF PROPOSED TENTATIVE PLAT NO. 1113 "CHULAVISTA VENTER", BEING THE SOUTHEAST CORNER OF NORTHWEST 21ST AVENUE AND NORTHWEST 20TH STREET. FROM R-3 (LOW DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING; DISTRICT MAP MADE A PART OF SAID ORDINANCE NO, 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE. III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT: AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9335 AN ORDINANCE AMENDING ORDINANCE NO. 6871, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF LOT 8, BLOCK 2S, MIAMI (B-41), BEING APPROXIMATELY 760 NORTHWEST FOURTH STREET, FROM R-4 (MEDIUM DENSITY MULTIPLE) TO C-4 (GENERAL COMMERCIAL), AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE. ORDINANCE NO. 9336 AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, ARTICLE III, ZONING DISTRICTS, SECTION 1, BY ADDING R-T, RESIDENTIAL TRANSIT, AFTER R-5A, HIGH DENSITY MULTIPLE DWELLING; AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE III, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CONFLICT AND CONTAINING A SEVERABILITY CLAUSE AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY ADDING A NEW ARTICLE X-2, RESIDENTIAL TRANSIT R-T DISTRICT, AND BY MAKING THE NECESSARY CHANGES IN THE ZONING DISTRICT MAP MADE A PART OF SAID ORDINANCE NO. 6871 BY REFERENCE AND DESCRIPTION IN ARTICLE 111, SECTION 2, THEREOF, BY REPEALING ALL ORDINANCES CODE SECTIONS, OR PARTS THEREOF IN CONFLICT AND CONTAINING A' SEVERABILITY CLAUSE, AN ORDINANCE AMENDING ORDINANCE NO. 6871, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE FOR THE CITY OF MIAMI, BY CHANGING THE ZONING CLASSIFICATION OF THE AREA BOUNDED BY EAST -WEST EXPRESSWAY (SR836), N.W. 10TH AVENUE TO SUNNYBROOK ROAD, THROUGH MID -BLOCK SOUTHWESTERLY TO WAGNER CREEK, SOUTHEASTERLY TO N.W. 11TH STREET, THEN NORTHEASTERLY AND 200' PARALLEL AND NORTH OF N.W. 11TH STREET TO THE NEAR LOT LINES TO N,W. 13TH STREET, N.W. 13TH STREET, AND N.W. 7TH COURT, TO S R 836, FROM R-3 (LOW DENSITY MULTIPLE), R-4 (MEDIUM DENSITY MULTIPLE), AND R-C (RESIDENTIAL OFFICE) TO R-T (RESIDENTIAL TRANSIT DISTRICT), EXCEPT FOR HIGHLAND PARK, ZONED PR (PUBLIC PARK AND, RECREATIONAL USE DISTRICT), ALL AS PER THE ATTACHED MAP. Ralph G. Ongie City Clark City Of Miami,.Florida