Loading...
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