HomeMy WebLinkAbout09-07-16 PZAB Supporting DocsPZAB.11
PLANNING, ZONING AND APPEALS BOARD
FACT SHEET
File ID:
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Finding(s):
Planning and Zoning
Department
Planning, Zoning and
16-01068zt Quasi -Judicial
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL OR DENIAL OF AN ORDINANCE OF THE
MIAMI CITY COMMISSION TO AMEND ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, MORE SPECIFICALLY BY
MODIFYING ARTICLE 1, ENTITLED "DEFINITIONS", SUBSECTION 1.1(H),
ENTITLED "INDUSTRIAL", TO INCLUDE CONCRETE BATCHING PLANTS;
BY MODIFYING ARTICLE 6, TABLE 13; AND BY AMENDING ARTICLE 6,
ENTITLED "SUPPLEMENTAL REGULATIONS", TO ADD SECTION 6.5,
ENTITLED "INDUSTRIAL USES" AND SUBSECTION 6.5.1, ENTITLED
"CONCRETE BATCHING PLANTS", TO ESTABLISH REGULATIONS FOR
CONCRETE BATCHING PLANTS IN D2 "INDUSTRIAL" TRANSECT ZONES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN
EFFECTIVE DATE.
Citywide
Daniel J. Alfonso, City Manager, on behalf of City of Miami
3500 Pan American Drive
Miami, FL 33133
(305) 250-5400
This will modify Article 1 of the Miami 21 Zoning Code, more specifically by
modifying the definition of "Storage and Distribution" in Article 1, subsection
1.1(h) "Industrial" by adding "Concrete Batching Plants". This will also amend
Article 6 of the Miami 21 Zoning Code to establish regulations for Concrete
Batching Plants only in D2 "Industrial" Transect Zones, through the Warrant
process.
Recommends approval.
Scheduled for September 7, 2016.
..Title
A RESOLUTION OF THE PLANNING, ZONING AND APPEALS BOARD RECOMMENDING
APPROVAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, MORE
SPECIFICALLY BY MODIFYING ARTICLE 1, ENTITLED "DEFINITIONS", SUBSECTION 1.1(H),
ENTITLED "INDUSTRIAL", TO INCLUDE CONCRETE BATCHING PLANTS; BY MODIFYING
ARTICLE 6, TABLE 13; AND BY AMENDING ARTICLE 6, ENTITLED "SUPPLEMENTAL
REGULATIONS", TO ADD SECTION 6.5, ENTITLED "INDUSTRIAL USES" AND SUBSECTION
6.5.1, ENTITLED "CONCRETE BATCHING PLANTS", TO ESTABLISH REGULATIONS FOR
CONCRETE BATCHING PLANTS IN D2 "INDUSTRIAL" TRANSECT ZONES; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Citywide
APPLICANT(S): Daniel J. Alfonso, City Manager, on behalf of the City of Miami
FINDINGS:
PLANNING DEPARTMENT: Recommends approval
PURPOSE: This will modify Article 1 of the Miami 21 Zoning Code, more specifically by
modifying the definition of "Storage and Distribution" in Article 1, subsection 1.1(h) "Industrial" by
adding "Concrete Batching Plants". This will also amend Article 6 of the Miami 21 Zoning Code
to establish regulations for Concrete Batching Plants only in D2 "Industrial" Transect Zones,
through the Warrant process.
..Body
WHEREAS, on October 22, 2009, Ordinance No. 13114, the Zoning Ordinance of the
City of Miami, Florida was adopted as the City of Miami's Zoning Ordinance ("Miami 21 Code");
and
WHEREAS, on May 6, 2016, pursuant to Section 7.1.2.2 of the Miami 21 Zoning code
the Planning and Zoning Director issued Determination of Use No. 2016-01 "Concrete Batching
Plants in Industrial Areas" to distinguish Concrete Batching Plants from Cement Plants, which
are expressly prohibited by Miami 21 in Article 6. Determination of Use No. 2016-01 establishes
that Concrete Batching Plants may only be allowed in D2 "Industrial" Transect Zones, through
the Warrant process; and
WHEREAS, Determination of Use No. 2016-01, herein attached as Exhibit A, recognizes
important development considerations of Concrete Batching Plants, relative to environmental
quality. As such, it establishes, with details, additional review considerations for siting, air
quality, noise, waste minimization, and water quality; and
WHEREAS, existing and future construction create a demand for Concrete Batching
Plants in the City; and
WHEREAS, pursuant to Article 7, Section 7.1.2.2(b) of the Miami 21 Zoning Code, it is
necessary to rectify the omission of Concrete Batching Plants from the Code; and
WHEREAS, the Miami Planning, Zoning and Appeals Board, at its meeting of
September 7, 2016, Item No. PZAB._, following an advertised hearing, adopted Resolution No.
PZAB-R-16-01068zt by a vote of to (_ _), RECOMMENDING APPROVAL of this
item to the City of Miami City Commission; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it
advisable and in the best interest of the general welfare of the City and its citizens to amend the
Miami 21 Code as hereinafter set forth;
NOW THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as fully set forth in this Section.
Section 2. Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
is hereby amended by making modifications to Article 1 and Article 6 in the following particulars
{1 }:
ARTICLE 1. DEFINITIONS
* * *
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (ARTICLE 4, TABLE 3)
* * *
h. INDUSTRIAL
*
*
Storage and Distribution: A facility providing long-term or short-term storage, selling or
distribution of merchandise. This includes but is not limited to: container yards; crating, packing
and shipping service; heavy equipment sales, service and storage; storage, warehousing or
distribution establishments; Public Storage Facilities or Commercial Storage Facilities; or
outdoor storage of building materials; or Concrete Batchinq Plants. See Article 6.
ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS
DENSITY (UPA)
DI — WORK PLACE
D2 — INDUSTRIAL
N/A
D3 — WATERFRONT INDUSTRIAL
N/A
36 UNITS PER ACRE
CHILDCARE
Minimum of 35 square feet of usable indoor floor
space per child on license.
Minimum of 45 square feet of usable outdoor play
area per child.
A minimum outdoor play area shall be provided for
one half of license capacity. In no event shall any
outdoor play area be less than 450 square feet. The
minimum standard of outdoor play area does not
apply for children under one year of age. Vehicular
entrance must be within 300 feet of arterial road.
INDUSTRIAL USES
It is intended that the provision of Industrial Products
It is intended that the provision of Industrial Products
It is intended that the provision of Industrial Products
and Services be permissible, as appropriate, within
and Services be permissible within the D2 Zone. The
and Services be permissible within the D3 Zone. The
the D1 Zone. The D1 Zone allows limited Residential
heavier Industrial Uses are limited to the D2 Zone.
heavier Industrial Uses are limited to the D2 Zone.
Uses and is generally intended to contain light
Concrete Batchinq Plants may be allowed by Warrant
The D3 Zone allows all Industrial activities such as
industrial uses.
manufacturing, processing, assembly, auto -related
and subject to the requirements of Section 6.5.1.
The D1 Zone generally allows Industrial, commercial
and Office activities which serve the needs of other
businesses, may require extensive loading facilities
and often benefit from proximity to Industrial areas.
This Zone also includes the following Uses:
wholesaling, warehousing, light assemblage and
distribution and minor repairs and fabrication of
materials and equipment. Residential use is limited.
and storage activities and restricts activities generating
adverse impacts such as such as excessive amounts
of noise, fumes, illumination and hazardous wastes.
This Zone shall generally be located where directly
served by major transportation facilities and shall be
buffered from Residential areas.
This type of Zone specifically excludes the following
activities:
• Any uses that involve the manufacturing processing
generation or storage of materials that constitute a
physical or health hazard in quantities in excess of
those found in the Florida Building code, Section 307
— High -Hazard Group H.
CONTAINER YARDS
Container yards and any facilities for the outdoor
Container yards and any facilities for the outdoor
Container yards and any facilities for the outdoor
storage, stacking and processing of containers
storage, stacking and processing of containers
storage, stacking and processing of containers
intended for shipment. Permissible only by exception.
intended for shipment. Permissible only by exception.
intended for shipment. Permissible only by exception.
• No more than 3 containers shall be stacked vertically
• No more than 3 containers shall be stacked vertically
• No more than 3 containers shall be stacked vertically
• A 10 to 15 foot high wall Setback a minimum of 10
• A 10 to 15 foot high wall Setback a minimum of 10
• A 10 to 15 foot high wall Setback a minimum of 10
feet from the Property Line must surround the
feet from the Property Line must surround the
feet from the Property Line must surround the
property.
property.
property.
• All Setback yards must be appropriately landscaped.
• All Setback yards must be appropriately landscaped.
• All Setback yards must be appropriately landscaped.
• Security floodlights must be shielded or deflected
• Security floodlights must be shielded or deflected
• Security floodlights must be shielded or deflected
from surrounding Residential neighborhoods so as to
from surrounding Residential neighborhoods so as to
from surrounding Residential neighborhoods so as to
prevent light spillover.
prevent light spillover.
prevent light spillover.
• All crane operations are limited to daylight hours
• All crane operations are limited to daylight hours
• All crane operations are limited to daylight hours
between8:00 am and 6:00 pm.
between8:00 am and 6:00 pm.
between8:00 am and 6:00 pm.
• Appropriate measures are required to minimize any
• Appropriate measures are required to minimize any
• Appropriate measures are required to minimize any
adverse effect of use including noise generation; dust;
adverse effect of use including noise generation; dust;
adverse effect of use including noise generation; dust;
vibrations; street capacity and maneuverability; traffic
vibrations; street capacity and maneuverability; traffic
vibrations; street capacity and maneuverability; traffic
and negative visual impact
and negative visual impact.
and negative visual impact.
6.5 INDUSTRIAL
6.5.1 Concrete Batching Plants
Permissibility
Concrete Batching Plants shall be reviewed by process of Warrant and apply Article 4, Table 12
Design Review Criteria, as applicable. Additional considerations in reviewing such Warrant
application shall include siting, air quality, noise, waste minimization, and water quality as
follows:
a. Siting
Objective
To minimize environmental impacts by appropriate site selection.
Review Criteria
Concrete Batching Plants should be sited on land that is not flood prone
Consider the current and future proximity of sensitive land uses
Establish and maintain buffer distances of 500 feet from residential areas
Provide vehicle access routes which minimize impacts
b. Air Qualit
Objective
To avoid or substantially reduce dust emissions so there is no loss of amenity.
Review Criteria
• Keep sand and aggregates damp
• Cover or enclose conveyor belts and hoppers
• Keep pavements and surfaces clean
• Fit cement silos with high level alarms, multi -bag pulse jet filters, airtight inspection
hatches and automatic cutoff switches on the filler lines
• Keep duct work airtight
• Enclose the loading bay
• Develop and implement an inspection regime for all dust control components
• Clean up spills immediately
c. Noise
Objective
To ensure no noise nuisance results from the facility.
Review Criteria
• Select quieter equipment
• Alter or enclose equipment to reduce noise at the source
• Use sound absorbing materials to prevent the spread of noise by isolating the source
• Ensure alarms are used for emergencies only
• Avoid use of public address systems
d. Waste Minimization
Objective
To minimize waste generation and maximize economic benefits.
Review Criteria
• Establish a management policy supporting waste minimization
Establish a waste management team
• Conduct a waste audit
• Assess viable waste minimization projects
• Prepare and implement a waste management plan
• Monitor and evaluate the effectiveness of the waste management plan
e. Water Quality
Objective
To ensure contaminated wastewater is not discharged from the Concrete Batching Plant to
surface waters, groundwater, or land.
Review Criteria
Minimize the area of the site which generates contaminated storm water runoff
Provide a separate dedicated drainage system to discharge clean storm water from the
site
• Drain all contaminated storm water and process wastewater to a collection pit for
recycling
• Regularly clean out solids that accumulate in the pit
• The wastewater recycling system must be able to store the contaminated runoff
generated by 1 inch of rain in 24 hours
• Use wastewater stored in the recycling system at the earliest possible opportunity
• There must be no dry weather wastewater discharges from the site
• Monitor wet weather discharges for pH and suspended solids. Retain the records.
• Refer to the United States Environmental Protection Agency's "Stormwater Best
Management Practice for Concrete Washout"
*11
Section 3. If any section, part of a section, paragraph, clause, phrase or word of
this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be
affected.
Section 4. It is the intention of the City Commission that the provisions of this
Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami,
Florida, as amended, which provisions may be renumbered or relettered and that the word
"ordinance" may be changed to "section", "article", or other appropriate word to accomplish such
intention.
Section 5. This Ordinance shall become effective thirty (30) days after final reading
and adoption thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
..Footnote
{1} Words and/or figures stricken through shall be deleted. Underscored words and/or figures
shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks
indicate omitted an unchanged material.
{2} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
CITY OF MIAMI, FLORIDA
INTER -OFFICE MEMORANDUM
TO'.
FROM:
Devin Cejas
Zoning Administrator
Francisco J. Garcia
Planning & Zoning Director
DATE:
May 6, 2016
SUBJECT: Determination No. 2016-01
Concrete Batching Plants in
Industrial Areas
REFERENCES:
ENCLOSURES:
Pursuant to Section 7.1.2.2 of the Miami 21 Code (the Code), as amended, which establishes the criteria for
"Determination of Use", it is hereby determined that "Concrete Batching Plants" as herein described are
distinguished from cement plants which continue to be specifically excluded as set forth in Section 6.1 "Intent and
Exclusions" of the Code.
It is further determined that Concrete Batching Plants are permissible only in Industrial areas zoned D2 through
the Warrant process as set forth in the Code to properly address any potential adverse impacts through the
application of all applicable criteria contained in Article 4, Table 12, "Design Review Criteria" of the Code.
In support of the above determination it is found that these uses if appropriately implemented are generally in
keeping with the intent and definition of Industrial zones to encompass functions involving manufacturing,
fabrication, assembly, distribution, disposal, warehousing or bulk storage, trucking and equipment facilities,
serving primarily industrial needs.
Concrete Batching Plant Description and Methods
Concrete is a mixture of cement, water, sand and aggregate is called concrete. The product is also named
'Portland Cement' because after hardening the product resembles a natural limestone quarried at Portland,
England.
Components of Concrete
The process for making concrete is relatively simple, but the chemistry of cement manufacture is complex. The
components of concrete include calcium, silica, alumina, magnesia, iron oxide and sulfur dioxide compounds
along with:
• Fly ash — a glass -like substance used in good quality cement products
Aggregates consisting of gravel and sand, which comprise the major raw material of concrete
(aggregates are graded according to their size and character)
Admixtures — compounds added to the concrete in small quantities to modify its properties. The amount
of water required to chemically combine the cement is about 16% by weight, but for more efficient mixing
a greater amount is used. Adding more water weakens the concrete, but makes it easier to work with.
In a concrete batching plant, the raw materials are mixed as discussed below.
a. Front End Loader Concrete Batching
In front end loader plants, a front end loader is used to transport coarse and fine aggregates from a ground level
storage bin to an aggregate weigh hopper. The aggregate is then added to an agitator. Cement and fly ash are
weighed in a separate hopper and transferred to the agitator. The correct proportion of water is added to the
agitator. The concrete is mixed, ready for final slumping, inspection and transportation to the customer.
b. Overhead Bin Concrete Batching
In overhead bin batching plants, coarse and fine aggregates are stored in separate bins. Aggregates are
transported from the bins to a compartmentalized overhead storage hopper by conveyor belts. A weigh hopper is
situated directly beneath the overhead storage hopper, where aggregate is weighed and transferred to the
agitator. Cement and fly ash are stored in separate overhead silos. They are weighed in a separate hopper and
dropped into the agitator. The correct proportion of water is added, along with any required admixtures and the
concrete is mixed, ready for final slumping, inspection and transportation to the building site.
Determination No. 2016-01 May 6, 2016
Concrete Batching Plants
Permissibility
Concrete Batching Plants shall be reviewed by process of Warrant subject to restrictions set forth herein.
Additional considerations in reviewing the warrant application shall include siting, air quality, noise, waste
minimization and water quality as follows:
a. Siting
Objective
To minimize environmental impacts by appropriate site selection.
Suggested measures
• Batching plants should be sited on land that is not flood prone.
• Consider the current and future proximity of sensitive land uses.
• Establish and maintain buffer distances of 500 feet form residential areas.
• Provide vehicle access routes which minimize impacts.
b. Air Quality
Objective To avoid or substantially reduce dust emissions so there is no loss of amenity.
Suggested measures
Keep sand and aggregates damp.
Cover or enclose conveyor belts and hoppers.
Keep pavements and surfaces clean.
Fit cement silos with high level alarms, multi -bag pulse jet filters, airtight inspection hatches and automatic
cutoff switches on the filler lines.
Keep duct work airtight.
Enclose the loading bay.
Develop and implement an inspection regime for all dust control components.
Clean up spills immediately.
c. Noise
Objective
To ensure no noise nuisance results from the facility.
Suggested measures
• Select quieter equipment.
Alter or enclose equipment to reduce noise at the source.
Use sound absorbing materials to prevent the spread of noise by isolating the source.
Ensure alarms are used for emergencies only.
Avoid use of public address systems.
d. Waste Minimization
Objective
To minimize waste generation and maximize economic benefits.
Suggested measures
• Establish a management policy supporting waste minimization.
Establish a waste management team.
Conduct a waste audit.
Assess viable waste minimization projects.
Prepare and implement a waste management plan.
Monitor and evaluate the effectiveness of the waste management plan.
Page 2 of 2
Determination No. 2016-01 May 6, 2016
Concrete Batching Plants
e. Water Quality
Objective
To ensure contaminated wastewater is not discharged from the concrete batching plant to surface waters,
groundwater or land.
Suggested measures
• Minimize the area of the site which generates contaminated storm water runoff.
• Provide a separate dedicated drainage system to discharge clean storm water from the site.
• Drain all contaminated storm water and process wastewater to a collection pit for recycling.
• Regularly clean out solids that accumulate in the pit.
• The wastewater recycling system must be able to store the contaminated runoff generated by 1 inch of
rain in 24 hours.
• Use wastewater stored in the recycling system at the earliest possible opportunity.
• There must be no dry weather wastewater discharges from the site.
• Monitor wet weather discharges for pH and suspended solids. Retain the records.
At the next opportunity, this department will initiate a proposed amendment to the Miami 21 Code to appropriately
reflect this Determination. Until final action has been taken by the City Commission on the proposed amendment,
this Determination shall be binding on all officers and agencies of the City as an interim administrative ruling, and
become effective upon the publication of the Determination and conclusion of the applicable appeal period,
pursuant to Article 7.1.2.2 a, b, and c, of the Miami 21 Code.
cc: Honorable Mayor and Commissioners
Daniel J. Alfonso, City Manager
Nzeribe Ihekwaba, PhD, PE, Assistant City Manager
Victoria Mendez, Esq., City Attorney
Maurice Pons, Acting Director, Building Department
Vanessa I. Acosta, Esq., Director, Neighborhood Enhancement Team
Olga Zamora, Chief of Hearing Boards
Page 2 of 2