HomeMy Public PortalAbout13-18 Liberal Industrial District 1st Reading: May 22, 2013
2"d Reading: June 12, 2013
Public Hearing: June 12, 2013
Adopted: June 12, 2013
Effective Date: June 13, 2013
Sponsored by: City Manager
ORDINANCE NO. 13-18
AN ORDINANCE OF THE CITY OF OPA-LOCKA,
FLORIDA AMENDING ORDINANCE NO. 86-8,
ARTICLE 6, SECTION 6.11, I-2, LIBERAL
INDUSTRIAL DISTRICT OF THE CITY OF OPA
LOCKA LAND DEVELOPMENT REGULATION
CODE TO ALLOW INDOOR RECYCLYING
CENTERS AS A CONDITIONAL USE; PROVIDING
FOR CONFLICTS, PROVIDING FOR SEVERA-
BILITY, AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City of Opa-locka recognizes the importance of recycling in
order to preserve resources for future generations; and
WHEREAS, recycling is a very important green initiative for the City; and
WHEREAS, the City has been approached by a number of applicants who would
like the opportunity to operate recycling facilities in the City; and
WHEREAS,the City recognizes the need to allow such facilities on a limited and
controlled basis; and
WHEREAS, it has been determined that it is in the best interest of the City to
amend the Land Development Code to permit recycling facilities in the City as a
conditional use.
NOW, THEREFORE, be it ordained by the City Commission of the City of Opa
Locka, Florida, that:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of the Ordinance
upon adoption hereof.
Section 2. Paragraph 6 of Section 6.11, I-2, Liberal Industrial District is
hereby added to read as follows:
6. Recyclable Materials shall mean: reusable material, including, but not
limited to metals, glass, plastic, and paper, which are intended for reuse, remanufacture or
reconstruction on for the purpose of using the altered form, but does not include refuse,
bulk trash, or hazardous materials.
Section 3. Paragraph 7 of Section 6.11, I-2, Liberal Industrial District is
hereby added to read as follows:
7. Indoor Recycling Facilities shall be permitted as a conditional use in the I-
2 zoning district if the following criteria are satisfied:
a. The applicant must agree, in writing to conduct all recycling
activities within a wholly enclosed building, which must obtain site plan approval, and
shall be a minimum of 10,000 square feet.
b. No outside storage of any kind shall be permitted. All materials
shall be stored within an enclosed structure.
c. Annual Certificate of Use.
d. The Applicant must comply with all applicable Federal, State,
City, and County regulations associated with recycling facilities.
e. At no time may the recycling center accept garbage, trash, or
refuse from haulers, companies, or any other entity for disposal and ultimate
redistribution.
f. No hazardous materials may be brought to or stored upon property
containing a recycling facility.
g. Comply with the following Miami Dade County Guidelines:
(1) Agree, in writing that the recycling facility shall accept and receive
only source separated recyclables. Acceptance by the recycling facility
of materials other than qualifying source separated recyclables would
constitute a violation of the facility permit issued by the Miami Dade
County Department of Regulatory and Economic Resource ("RER")
and subject the facility to enforcement action by RER.
(2) The amount of unacceptable material shall remain below ten (10)
percent of the total amount of recyclable material received on a
monthly basis, based on the monthly report submitted to RER.
(3) The recovered materials shall be recycled. Disposal of the
recovered materials shall constitute a violation of the facility permit
issued by RER and subject the facility to enforcement action by RER.
(4) The Miami Dade County Public Works and Waste Management
Department ("PWWM") may, in addition to the RER facility
inspections, periodically inspect the facility to verify that material
acceptance is limited to source separated recyclables, unacceptable
material is below ten (10) percent and recovered material is recycled.
(5) The facility operator shall maintain accurate records, including
payment and sales receipts, for all incoming recyclable materials and
outgoing recovered materials and unacceptable material by material
type and quantity, as applicable. This information must be included in
the monthly report submitted to RER. The facility records shall be
made available for Miami Dade County audit.
(6) The operator shall annually file an affidavit with RER (copy to
PWWM) affirming that: (A) the facility accepted only source separated
recyclables during the preceding 12 months, (B) the percentage of
unacceptable material was below ten (10) percent, and (C) the end use
of the recovered material was recycling. The annual quantity of
recyclable material received at the facility, as well as the annual
quantities of unacceptable material and recovered materials, by material
type, removed from the site, shall be included as an attachment to the
affidavit and referenced therein.
Section 4. The remainder of Section 6.11 not specifically amended herein
shall remain in full force and effect as adopted and existing in the City's Code.
Section 5. If any clause, section, or other part or application of this Ordinance
is held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
in application, it shall not affect the validity of the remaining portions or applications of
this Ordinance.
Section 6. All ordinances or resolutions or parts of ordinances or resolutions in
conflict herewith, are hereby repealed.
Section 7. This Ordinance shall become effective immediately upon passage.
PASSED AND ADOPTED this 12th day of June, 2013.
i
(id(141/4YRA'
YLOR
MAYOR
Attest to:
D-L,
J1,anna Flores
ity Clerk
Ap. oved as ti. fo ' and -g. • f, cl cy:\ 1
ii' 4\ 1� ( lit 1
Jos:�� �p Li eller' vw W V
G'4 i NS'I 1,1 ON MARDER PA
Ci y •tto I-y
Moved by:
Seconded by:
Commission Vote:
Commissioner Holmes:
Commissioner Johnson:
Commissioner Santiago:
Vice-Mayor Kelley:
Mayor Taylor:
THE MIAMI HERALD I MiamiHerald.com ND SUNDAY,JUNE 2,2013 19ND
• ,,txsttr PUBLIC NOTICE
City of Miami Gardens
• a A Department of Community Development
CITY OF OPA-LOCKA,FLORIDA 1515 N.W.167 Street;Bldg.5,Suite 200
NOTICE TO THE PUBLIC Miami Gardens,FL 33169
2013-2014 HUD ANNUAL ACTION PLAN(DRAFT)
NOTICE IS HEREBY GIVEN that the City Commission of the City of Opa-locka, Is Now Available for Public Review and Comment
Florida will hold public hearings at its Regular Commission Meeting on Wednesday,
June 12, 2013 at 7:00 p.m.at the Opa-locka Municipal Complex, 780 Fisherman NOTICE IS HEREBY GIVEN that Federal regulations governing Community Development
Street,2'4 Floor,Opa-locks,Florida to consider the following items: Block Grant(CDBG)and other U.S. Department of Housing and Urban Development
programs require that a participating jurisdiction provide citizens with reasonable notice
SECOND READING ORDINANCES/PUBLIC HEARING: of and an opportunity to comment on the 5-Year Consolidate Plan and Annual Action Plan
that will direct the City's use of Community Development Block Grant funds.These funds
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, provide programs that benefit low-to-moderate income persons in the City.
FLORIDA, AMENDING ORDINANCE NO. 86-8, ARTICLE 6, SECTION 6.11,
1-2, LIBERAL INDUSTRIAL DISTRICT OF THE CITY OF OPA-LOCKA LAND This notice formally advises that the 2013-2014 Annual Action Plan (DRAFT)can be
DEVELOPMENT REGULATION CODE TO ALLOW INDOOR RECYCLING downloaded from the City of Miami Gardens Department of Community Development
CENTERS AS A CONDITIONAL USE;PROVIDING FOR CONFLICTS;PROVIDING beginning at htta:J/www.miamitten comments draft s.html, for (30) thirty days,
FOR SEVERABILITY;PROVIDING FOR AN EFFECTIVE DATE(first reading held be d esg y,Ju 3, 22 1 Written comments to the dra Plan will t a received until
Wednesday,July 5,2013.To view a hardcopy of the Plan please visit a location listed
on May 22,2013). below.
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, City of Miami Gardens City of Miami Gardens
FLORIDA, AMENDING CITY ORDINANCE 86-8, THE LAND DEVELOPMENT Department of Community City Hall
CODE,ARTICLE 4,ADMINISTRATION AND PROCEDURES,TO CREATE NEW 1515 Npment Miami i Gardens,167 FL 33169
Bldg.5,Suite 200
SECTION 4.17, TITLED"CERTIFICATE OF USE", IN ALL NON-RESIDENTIAL Mia5 i G de ,FL 3 16g.4,Su to 190 Miami -4:30 PM M-F
Miami Gardens,FL 33169 8:00 AM-4:30 PM M-F
ZONING DISTRICTS IN THE CITY; PROVIDING FOR INCORPORATION OF 8:00 AM-3:30 PM M-F
RECITALS; PROVIDING FOR CONFLICT AND REPEALER; PROVIDING FOR
SEVERABILITY AND CODIFICATION; PROVIDING FOR AN EFFECTIVE DATE Betty T.Ferguson Recreation Complex
(first reading held on May 22,2013). 3000 NW 199 Street
Miami Gardens,FL 33056
8:00 AM-8:30 PM Monday-Thursday
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, 8:00 AM-6:30 PM Friday
FLORIDA,TO CONSIDER DELTA TRUCKING INC.'S REQUEST TO REZONE THE 8:00 AM-4:30 PM Saturday
PORTION IDENTIFIED AS WEST 151'OF TRAC 8,OF NILE GARDENS SECTIONS
I AND II,(FOLIO 08-2128-004-0070)OF THE PROPERTY,LOCATED AT 12705 NW NOTICE IS FURTHER GIVEN that two public meetings for the 2013-2014 Annual Action
305H AVENUE,FOLIO 08-2128-004-0180,FROM R-3 TO 1-2 ZONING DISTRICT, Plan will take place to inform the public and offer residents an opportunity to present
PROVIDING FOR INCORPORATION OF RECITALS;PROVIDING FOR CONFLICT comments on the draft plan.The City encourages public participation by attending one of
AND REPEALER;PROVIDING FOR AN EFFECTIVE DATE(first reading held on the meetings scheduled below.
May 22,2013).
Thursday,June 6,2013 Tuesday,June 11,2013
RESOLUTIOWPUBLIC HEARING: 5:30 pm 10:00 am
City Hall-Council Chambers
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, 1515 NW 167 Street,Bldg.5,Suite 200
FLORIDA, TO APPROVE THE REQUEST OF DELTA TRUCKING, INC. FOR Miami Gardens,FL 33169
FINAL SITE PLAN APPROVAL TO CONSTRUCT A PERMANENT OFFICE
Public comment regarding the 2013-2014 Annual Action Plan DRA
FACILITY AT 12705 NW 30 AVENUE, FOLIO NO.'S 08-2128-004-0180 AND 9 9 ( FT) can also be
submitted in the following ways:
08-2128-004-0070; PROVIDING FOR INCORPORATION OF RECITALS;
PROVIDING FOR AN EFFECTIVE DATE. By Mail: City of Miami Gardens
Department of Community Development
Additional information on the above items may be obtained in the Office of the City 1515 NW 167 Street,Bldg.5,Suite 200
Clerk, 780 Fisherman Street, 4th Floor, Opa-locka, Florida. All interested persons Miami Gardens,FL 33169
are encouraged to attend this meeting and will be heard with respect to the public Via E-Mail: hudcommentC4miamigardens-fl.gov
hearing.
For further information,please contact Laurin Yoder,Community Development Division
PURSUANT TO FS 286.0105:Anyone who desires to appeal any decision made by any board, Director,at 305-622-8041.
agency,or commission with respect to any matter considered at such meeting or hearing will
need a record of the proceedings,and for that reason,may need to ensure that a verbatim The meeting site is accessible to the disabled.In accordance with the Americans with
record of the proceedings is made,which record includes the testimony and evidence upon Disabilities Act of 1990,all persons who are disabled and who need special accommodations
which the appeal maybe based. to participate in this meeting because of that disability or non-English speaking or hearing
impaired residents in need of special assistance should contact Ronetta Taylor,City Clerk
JOANNA FLORES,CMC (305)622-8003,not later than 96 hours(or four days)prior to such proceeding.TDD number
1-800-955-8771 (Ad#13-0122)
CITY CLERK
_•_._.. .. ....ts. ....,.�.....1.-.. ................_.�.—r..L.....0 ....—. .........._�_.. r�....�..•..t—wn..m.-.J+W.0+.r1r..tWnfq.,J...S
Regulatory and Economic Resources
Envin'onmental pesources Management
1M1AM1•DADE 701 NW lstCourt 7th Floor
C OU N T y Mlapi,Florida 33136-3912
T 305 372- 600 F 305-372-6893
miamidade.gov
PERMIT NO: 8W-1811
ECOLOGICAL PAPER RECYCLING,INC.
2330-235019W 149 ST
OPA•LOCKA,PLORIDA,83054
PERMITTER
Ms.Manuals Flores,President
ECOLOGICAL PAPER RECYCLING,INC.
235011W 149 ST
OPA-LOCKA,FLORIDA,83054
SOLID WASTE
ANNUAL OPERATING PERMIT
This document,issued under the provisions of Chapter 24,Miami-Dade County Bnvironnaintal Protection
Ordinance(MDCEPO),shall be valid from March 21,2013 through December 31, 2013.The above named,
is hereby authorized to operate the facility at the above location which consists of the following:
DESCRIPTION OP FACILITY/ EQUIPMENT
A 160 tons per day recycling facility for the recycling of source separated commingled materials including
paper,cardboard,plastic,etc.
This facility is subject to conditions hated below and in the following pages(if any)of this pewit.
FACILITY OPERATIONS
1. The facility shall be operated in strict accordance with the information submitted in reference to
the permit application dated October 22,2012,
2. The facility shall be operated in strict accordance with the Miami-Dade County Public Works and
Waste Management Department(PWWM)memorandum dated March 21,2013. I
•
3. 24-hour access control shall be maintained along the perimeter by means of a physical barrier(i.e.,
berm,wall,fence,etc.)and at the entrance(s)(1.e.,locked gate, guard,etc.).
4. A representative of the operator,knowledgeable in the permit conditions,shall be on site whenever
material is received,handled or removed.
6. The recycling facility shall be limited to accepting a maximum of 160 tons pezl day of source
separated recyclable materials.
6. All incoming materials shall be tipped, processed and stored within the designated areas as
depicted on the site plan dated August 10, 2012.
7. The on-site stormwater drainage system shall be maintained free of solid waste and leachate at all.
times.
Miami-Dade.Co. ty I�
Degas en .''Regulatory and Edoadmie Resources
•
., e/ Mslstant'Director`,
e- En j - assents]Resources Mauagemeib.
£'d £96888990£ SYS'SM3'2id3 d£0:30 C.91.ABW
•
PER,OIIT NO: SW 1811
ECOLOGICAL PAPER RECYCLING,RIO, -
2330—2350 KW 149ST
OPA-LOCKA,FLORIDA,33084
PERMITTEEs
MIa.Minutia Flores,President
ECOLOGICAL PAPER RECYCLING,INC.
2360 NW 1495T
OPA-LOCRA,FLORIDA,33054
8. Unacceptables (e.g., furniture, tires, etc.) and prohibited materials (e.g., garbage, hazardous
wastes; etc.) inadvertently accepted shall be temporarily stored in containers to prevent spillages
and potential storm water, ground, and/or groundwater contamination. Storage time shall be as
follows:forty-eight hours(48)hours for Class I waste and hazardous materials,and thirty(30)days
for all others. Materials shall be disposed of at an approved and permitted sits and shall be
managed in accordance with the provisions of Chapter 62-730,Florida Administrative Code(FAC).
9. The amount of unacceptable material shall remain below ten (10) percent of th d total amount
recyclable material received at the facility on a monthly basis.
10. A licensed hazardous waste handler shall be contacted to inspect segregated potential hazardous
waste. If determined to be hazardous, arrangements shall be made to transport said waste via a
licensed hazardous waste transporter to an approved hazardous waste disposal site.Any hazardous
waste which is received by the facility shall be managed in accordance with the provisions of
Chapter 62-730,FAC.
IL All wastes from facility operations shall be handled, stored, transported and/or disposed of in
compliance with County,State,and Federal regulations,and guidance documents.
12. Dust suppression, odor and litter control,and other measures shall be implements as applicable,
to prevent nuisance conditions as defined in Chapter 24,MDCEPO.
13. A determined nuisance, as defined in Chapter 24, MDCEPO, public health threat condition, or
abnormal occurrence (i.e., fires, explosions, spills) may result in orders for immediate corrective
action in accordance with Section 24-7(10(a) of the MDCEPO, possible modification to the
operation, revocation of this operating permit and/or closure of the facility. Arty abnormal
occurrences shall be reported to'RER within 24 hours, and records shall be kept pursuant to
Section 24-20,MD CE PO.
PROHIIITIONS
•
14. Open burning is not permitted at this site in accordance with Section 24-41.5 of the MDCEPO.
15. Waste streams other than those specifically authorized by this permit including,but not limited to,
Class I and Class III wastes as defined in Chapter 62-701,FAC,Shall not be accepted at the facility
1.6. No materials shall be stored or processed outside the facility warehouse at any time.
17. No waste generated from facility operations(e.g., waste oil,transmission fluids, brike fluids, etc.)
shall be stored at the facility. •
18. Shredding of scrap metal is not allowed at this facility. I
19. Acceptance of white goods and electronics is not allowed at this facility.
20. No violations of the Miami-Dade County Water Quality Standards or Cleanup I Target Levels
(CTLs) as provided in Section 24-44, MDOEPO, shall occur as a result of the facility operations.
Violations of said standards or CTLs may result in orders for immediate corrective action,possible
modification to the operation,revocation of this operating permit and/or closure of the facility.
9'd £96888950£ SYS'SMJ d£O:ZOEL 91.AeW
PERMIT NO: SW-1511
ECOLOGICAL PAPER RECYCLING,INC.
2330-.2350 NW 149 ST
OPA LOCKA,FLORIDA,33054
PERMUTES
Ms,Manuals Flores,Weal/lent
ECOLOGICAL PAPER RECYCLING,INC.
2360 NW 149 ST
OPA-LOCICA,FLORIDA,33054
REPORTING/MONITORING REQUIREMENTS
21. A Monthly Operating Report (MOB) shall be submitted to the Environmental Evaluations
Delegated Programs of the Pollution Regulation Division (PRD) of RER with the types and
quantities of waste received and removed off-site and a truck logreport with dispose receipts.Said
MOR shall be submitted by the 15th of the following month on the,form provide$l by RR and
hereby attached to this permit..
These reports shall be submitted to the following address=
Attn:Patti Broad
Environmental Evaluation Delegated Programs Section
Pollution Regulation Division
Department of Regulatory and Economic Resources
701 NW la Ct.
Miami,Florida 33186
22. Any significant changes in facility operations or procedures shall be reported to RER in writing.
within thirty(30)days of the change.
23. All other reports and submittals required to comply with this permit shall be signed, and certified,
if required, by an appropriate and authorized entity (e.g., registered Profeseittnal Engineer,
Professional Geologist, Professional Surveyor and Mapper, permittee or authorized legal
representative,etc.).
These reports shall be submitted to the following address:
Attn:Rashid Z.Istambouli,P.E.,Chief
Pollution Regulation Division
Department of Regulatory and.Economic Resources
701 NW 1st Court -
Miami,Florida 83186
OTHERS
24, This permit does not release the applicant from obtaining all required Federal,!State or Local
permits and/or approvals for the operation.
25. Violation of permit conditions.or violations of Chapter 24, MDCEPO, may result in orders for
immediate corrective action, possible modification to the operation, revocation of this operating
permit and/or closure of the facility.
GENERAL CONDITIONS
•
0'd £06888990£ SVS'SM3'Hd3 d£0:Z0C 91.Ae1i
PERMIT NO: SW-2811
ECOLOGICAL PAPER RECYCLING,INC.
2330-2350 NW 149 ST
OPA-LOCKA,FLORIDA,33054
PERMITTER:
Ma.Mauuela Plates,President
ECOLOGICAL PAPER RECYCLING,INC.
23501M 149 ST
OPA-LOCKA,FLORIDA,33054
26. The applicant, by acceptance Qf this document, agrees to operate and maintain the subject
operation so as to comply with the requirements of Chapter 24 of the Code of Miami-Dade County.
27. If for any reason, the applicant does not comply with or will not be able to co a ply with any
condition or limitation specified on this document the applicant shall immediat ly notify and
provide the department with the following information: (a) a description of ands,cause of non-
compliance; and (b) the period of non-compliance including exact dates and tunes; or if not
corrected, the anticipated time the noncompliance is expected to continue, and peeps taken to
reduce,eliminate,and prevent recurrence of the non-compliance.The applicant shall be responsible
for any and all damages which may result and may be subject to enforcement,action by the
department for penalties or revocation of this document.
28. As provided in Section 24-15 of the Code of Miami-Dade County, the prior written approval of the
Department of Regulatory and Economic Resources shall be obtained for any alteration to thie
facility. i
29. The issuance of this document does not convey any vested rights or any exclusive privileges. Nor
does it authorize any injury to public or private property or any invasion of personal ghts,nor any
infringement of Federal,State,or Local laws or regulations.Nor does it relieve the 1pplicant from
liability from harm or injury to human health or welfare of property.
30. This document is required to be posted in a conspicuous location at the facility Ilite during the
entire period of operation.
31. This document is not transferable.Upon sale or legal transfer of the property or facility covered by
this document, the applicant shall notify the department within thirty (30) days. ''he new owner
must apply for a permit within thirty (30) days. The applicant shall be liable, for any non-
compliance of the source until the transferee applies for and receives a transfer for this document.
32. The applicant,by acceptance of this document,specifically agrees to allow access to the referenced
facility during normal operating hours or as deemed necessary by Miami;Dade County
agentsfpersonnel for the purposes of inspection and testing to determine compliance with this
document and department rules.
33. This document does not indicate a waiver or approval of any other department perniit that may be
required for other aspects of this facility. i
I
84. This document does not constitute an approval by RER or certification that the applicant is in
compliance with applicable laws, ordinances, rules or regulations. The applicant acknowledges
that separate enforcement actions may be initiated by RER and that this document does not
constitute compliance with orders issued in conjunction with enforcement actions fdr correction of
violations. i . ,
86. Failure to comply with any condition of this document or the requirements of Chapter 24, Code of
Miami-Dade County may subject the applicant to the penalty previsions of said Chapter including
civil penalties up to $25,000 per day per offense and/or criminal penalties of$500 per clay and/or
sixty(60)days in jail.
. t
e'd £96888990£ K. SVS`SM3'Sd3 d£0:ZO£6 9,,cgW