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Ordinance
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File Number: 16-01068zt Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, BY AMENDING ARTICLE 1, ENTITLED "DEFINITIONS",
SUBSECTION 1.1(H), ENTITLED "INDUSTRIAL", TO INCLUDE CONCRETE
BATCHING PLANTS; BY AMENDING 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.
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 Code, the Planning
Director issued Determination of Use No. 2016-01 entitled "Concrete Batching Plants in Industrial
Areas", herein attached as "Exhibit A", to distinguish Concrete Batching Plants from Cement Plants,
the latter of which are expressly prohibited by Article 6 of the Miami 21 Code; and
WHEREAS, Determination of Use No. 2016-01 establishes that Concrete Batching Plants may
only _be_allowed _in_D2"Industr-ial" Transect_Zones through the Warrant process; and
WHEREAS, Determination-of-Use-No.2016-01 herein-attached-as"Exhibit A"Jecognizes
important development considerations of Concrete Batching Plants, relative to environmental quality,
and 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 of Miami ("City"); and
WHEREAS, pursuant to Article 7, Section 7.1.2.2(b) of the Miami 21 Code, it is necessary to
rectify the omission of Concrete Batching Plants from the Miami 21 Code; and
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB"), at its meeting of
September 7, 2016, Item No. PZAB. 11, following an advertised hearing, adopted Resolution No.
PZAB-R-16-049 by a vote of nine to zero (9-0), RECOMMENDING APPROVAL of this item to the 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;
City of Miami
Page 1 of 6 File Id: 16-01068zt (Version: 2) Printed On: 9/12/2016
File Number: 16-01068zt
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.
*
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ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS
DENSITY (UPA)
D9 — WORKPLACE"
D2, INDUSTRIAL: '
03 - WATERFRONT INDUSTRIAL
36 :UNITS.PER ACRE
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,
NIA
NIA
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
The D3 Zone allows all Industrial activities such as
industrial uses,
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.
Concrete Belching Plants may be allowed by Warrant
manufacturing, processing, assembly, auto -related
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.
and subject to the requirements of Section 6,5.1,
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 —
storage, stacking and processing of containers
intended for shipment. Permissible only by exception.
Container and any for the outdoor
Container -yards -and any -facilities -for -the outdoor_ _
storage, stacking and processing of containers
intended for shipment. Permissible only by exception.
— yards -facilities
storage, stacking and processing of containers
intended for shipment. Permissible only by exception,
• No more than 3 containers shall be stacked vertically
• No more than 3 containers shall be stacked vertical1
• 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
between6:00 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.
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6_5 INDUSTRIAL
6.5.1 Concrete Batchinq Plants
Permissibility
Concrete Batchinq Plants shall be reviewed by process of Warrant and Article 4, Table 12 Design
Review Criteria, as applicable. Additional considerations in reviewing such Warrant application shall
include the following:
a. Siting
Objective:
To minimize environmental impacts by appropriate site selection.
Review Criteria:
Concrete Batchinq 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; and
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.
Review Criteria:
• Keep sand and aggregates damp;
• Cover or enclose conveyor belts and hoppers;
• Keep pavements and surfaces clean;
• Fitcementsilos 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; and
• 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; and
Avoid use of public address systems.
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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; and
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 and retain the records; and
- 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
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File Number: 16-01068zt
Footnotes:
{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
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