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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 "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,
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;
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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 Batching Plants. See Article 6.
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6_5 INDUSTRIAL
6.5.1 Concrete Batching Plants
Permissibility
Concrete Batching 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 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; 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;
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; 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;
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Ensure alarms are used for emergencies only; and
• 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; 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
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thereof.{2}
APPROVED AS TO FORM AND CORRECTNESS:
VICTORIA MENDEZ
CITY ATTORNEY
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.
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