HomeMy WebLinkAboutO-13641City of Miami
q Legislation
Ordinance: 13641
File Number: 1058
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 10/13/2016
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;
City of Miami Page 1 of 5 File ID: 1058 (Revision:) Printed On: 6/4/2018
File ID: 1058
Enactment Number: 13641
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:'
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; of
outdoor storage of building materials; or Concrete Batching Plants. See Article 6.
' 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.
City of Miami Page 2 of 5 File ID: 1058 (Revision:) Printed on: 6/4/2018
File ID: 1058 Enactment Number: 13641
ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS
D1 - WORK PLACE D2 - INDUSTRIAL D3 - WATERFRONT INDUSTRIAL
DENSITY (UPA) 36 UNITS PER ACRE NIA NIA
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
and Services be permissible, as appropriate, within
the D1 Zone. The D1 Zone allows limited Residential
Uses and is generally intended to contain light
industrial uses.
It is intended that the provision of Industrial Products
and Services be permissible within the D2 Zone. The
heavier Industrial Uses are limited to the D2 Zone.
Concrete Batchinq Plants may be allowed by Warrant
It is intended that the provision of Industrial Products
and Services be permissible within the D3 Zone. The
heavier Industrial Uses are limited to the D2 Zone.
The D3 Zone allows all Industrial activities such as
manufacturing, processing, assembly, auto -related
and subject to the requirements of Section 6.5.1.
storage, stacking and processing of containers
The D1 Zone generally allows Industrial, commercial
and storage activities and restricts activities generating
intended for shipment. Permissible only by exception.
and Office activities which serve the needs of other
intended for shipment. Permissible only by exception.
adverse impacts such as such as excessive amounts
No more than 3 containers shall be stacked vertically
businesses, may require extensive loading facilities
No more than 3 containers shall be stacked vertically
of noise, fumes, illumination and hazardous wastes.
A 10 to 15 foot high wall Setback a minimum of 10
and often benefit from proximity to Industrial areas.
A 10 to 15 foot high wall Setback a minimum of 10
This Zone shall generally be located where directly
feet from the Property Line must surround the
This Zone also includes the following Uses:
feet from the Property Line must surround the
served by major transportation facilities and shall be
property.
wholesaling, warehousing, light assemblage and
property.
buffered from Residential areas.
All Setback yards must be appropriately landscaped.
distribution and minor repairs and fabrication of
All Setback yards must be appropriately landscaped.
Security floodlights must be shielded or deflected
materials and equipment. Residential use is limited.
Security floodlights must be shielded or deflected
from surrounding Residential neighborhoods so as to
This type of Zone specifically excludes the following
from surrounding Residential neighborhoods so as to
prevent light spillover.
activities:
prevent light spillover.
• All crane operations are limited to daylight hours
• Any uses that involve the manufacturing processing
• All crane operations are limited to daylight hours
between8:00 am and 6:00 pm.
generation or storage of materials that constitute a
between8:00 am and 6:00 pm.
• Appropriate measures are required to minimize any
physical or health hazard in quantities in excess of
• Appropriate measures are required to minimize any
adverse effect of use including noise generation, dust,
those found in the Florida Building code, Section 307
adverse effect of use including noise generation, dust,
vibrations, street capacity and maneuverability, traffic
— High -Hazard Group H.
vibrations, street capacity and maneuverability, traffic
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.
City of Miami Page 3 of 5 File ID: 1058 (Revision:) Printed on: 6/4/2018
File ID: 1058
6.5 INDUSTRIAL
6.5.1 Concrete Batching Plants
Enactment Number: 13641
Permissibility
Concrete Batching Plants shall be reviewed by process of Warrant and apply Article 4, Table 12
Design Review Criteria, as applicable. Environmental considerations include, but are not limited
to, siting, air quality, water quality, noise, and waste minimization. To ensure the permitting of a
Concrete Batching Plant does not have adverse impacts on the environmental quality of any
neighborhood, permitting and operations shall be subject to the following limitations:
a. Concrete Batching Plants shall not be located within 500 feet from Residential Uses.
Siting shall consider the current and future proximity of sensitive land uses.
b. Concrete Batching Plants must be sited on land that is not flood prone.
c. Vehicle access routes which minimize impacts to the surrounding neighborhoods must
be provided.
d. Sand and aggregate must be kept continuously damp.
e. Conveyor belts and hoppers must be covered or enclosed.
f. Cement silos must be fitted with high level alarms, multi -bag pulse met filters, airtight
inspection hatches, and automatic cutoff switches on the filter lines.
g. Duct work must be kept airtight and loading bays must be enclosed. An inspection
regime for all dust control components must be developed and implemented.
h. Spills must be cleaned up immediately.
i. Concrete Batching Plants must utilize quieter equipment and alter or enclose equipment
to reduce noise at the source with sound absorbing materials.
j. Concrete Batching Plants must ensure alarms are used for emergencies only.
k. Concrete Batching Plants must have an established waste minimization management
Policy to include:
i. A waste management team.
ii. A waste audit must to be conducted annually.
iii. Viable waste minimization promects.
iv. A waste management plan to be prepared and implemented. The plan must be
monitored and evaluated for effectiveness.
I. Site design must minimize the area of the site which generates contaminated storm
water runoff. Concrete Batchina Plants must have a seaarate dedicated drainaae system
to discharae clean storm water from the site
m. All contaminated storm water and arocess wastewater must be drained to a collection oit
for recycling. Solids that accumulate in the pit must be regularly cleaned out. 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. Refer to the United States Environmental Protection Agency's
"Stormwater Best Management Practice for Concrete Washout".
n. There must be no dry weather wastewater discharges from the site. Wet weather
discharaes must be monitored for aH and susaended solids and the records must be
retained
*„
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.
City of Miami Page 4 of 5 File ID: 1058 (Revision:) Printed on: 6/4/2018
File ID: 1058
Enactment Number: 13641
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:
1
"ia dez, City Httar iey 10/ 1 812 0 16
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 Page 5 of 5 File ID: 1058 (Revision:) Printed on: 61412018