Miami-Dade Legislative Item
File Number: 023527
   

File Number: 023527 File Type: Ordinance Status: Adopted
Version: 0 Reference: 03-76 Control: County Commission
File Name: ORDINANCE REGULATING LANDSCAPING ON INDUSTRIAL PROPERTIES Introduced: 12/13/2002
Requester: NONE Cost: Final Action: 4/8/2003
Agenda Date: 3/11/2003 Agenda Item Number: 6E
Notes: Title: ORDINANCE PERTAINING TO ZONING; REDUCING REQUIRED LANDSCAPED OPEN SPACE AND ELIMINATING GREENBELT REQUIREMENT FOR CERTAIN INDUSTRIAL ZONED PROPERTIES ABUTTING THE GU ZONING DISTRICT UNDER PRESCRIBED CONDITIONS; AMENDING SECTIONS 33-261, 33-263.1 AND 33-266.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE''); PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE
Indexes: LANDSCAPING
  ZONING
Sponsors: Jose "Pepe" Diaz, Prime Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 4/8/2003 6W Adopted P
REPORT: (NOTE: At the Board's meeting of March 11, 2003, a motion to adopt the foregoing proposed ordinance on second reading failed). It was moved by Commissioner Carey-Shuler that the action taken on the foregoing proposed ordinance at the meeting of March 11, 2003, be reconsidered. This motion was seconded by Commissioner Rolle, and upon being put to a vote, passed by a vote of 8-0, (Commissioners Ferguson, Martinez, Seijas, Sorenson and Souto were absent). Following discussion, the Board by motion duly made, seconded and carried adopted the foregoing ordinance on final reading.

Board of County Commissioners 3/11/2003 6E Adopted F
REPORT: Agenda Item 6E, Legislative File Number 023527, was reconsidered at the Board of County Commissioners' meeting of April 8, 2003.

Governmental Operations and Environment Committee 2/7/2003 2D Forwarded to BCC with a favorable recommendation P
REPORT: There being no persons to appear in connection with the foregoing item the public hearing was closed. Commissioner Souto discussed the designated Bird Road Cultural District that was located in an industrial area. He asked that cultural districts located in industrial areas be protected. Department of Planning and Zoning (DPZ) Director Dianne O'Quinn Williams stated that the department was currently working on a new ordinance pertaining to thematic resource districts that would take into account culturally or historically designated areas. Commissioner Sosa expressed concern with requests to reduce the landscaping requirements.

County Manager 1/29/2003 Assigned Environment and Governmental Operations Committee 2/7/2003

Board of County Commissioners 1/23/2003 13I Adopted on first reading 2/7/2003 P
REPORT: The foregoing proposed ordinance was adopted on first reading and set for public hearing before the Governmental Operations and Environment Committee on February 7, 2003 at 10:00 a.m.

County Attorney 1/13/2003 Assigned Environment and Governmental Operations Committee

County Attorney 12/13/2002 Assigned Joni Coffey

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; REDUCING REQUIRED LANDSCAPED OPEN SPACE AND ELIMINATING GREENBELT REQUIREMENT FOR CERTAIN INDUSTRIAL ZONED PROPERTIES ABUTTING THE GU ZONING DISTRICT UNDER PRESCRIBED CONDITIONS; AMENDING SECTIONS 33-261, 33-263.1 AND 33-266.2 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA ("CODE"); PROVIDING SEVERABILITY, INCLUSION IN THE CODE AND AN EFFECTIVE DATE

BODY
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. Section 33-261 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-261. Minimum landscaped open space, greenbelts, trees, >>and<< maintenance.

(a) Landscaped open space. A minimum of ten (10) percent of the net lot area of the site shall be developed as landscaped open space; provided, however, that an industrial-zoned site that abuts residentially zoned or developed property shall provide fifteen (15) percent of the net lot area as landscaped open space. >>It is further provided, however, that if the industrial-zoned site abuts property which is depicted as "Industrial & Office" on the Land Use Plan map of the Comprehensive Development Master Plan, is zoned GU and no building permit has been issued for a residence at the time of the approval of the building permit for the industrial use, the landscape open space requirement shall be ten (10) percent of the net lot area.<< Said landscaped open space may include entrance features, greenbelts, unpaved passive and active recreation area, and other similar landscaped open space at ground level. Open space areas may also include tree preservation zones of "natural forest communities" as defined in Section 26B-1, Code of Miami-Dade County. Tree preservation zones shall be delineated on all plans submitted to Miami-Dade County, for site plan review under Section 33-261.1 of the Code of Miami-Dade County, for the purposes of determining overall preservation area and percent of overall landscaped area. The requirements contained herein do not replace or substitute for any requirements contained within Chapter 18A, Code of Miami-Dade County.

Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty (20) percent of the required open space. The specific areas within enclosed on unenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas herein and areas therein with permanent art display may be used as part of the required landscaped open space, but such areas shall not be credited for more than ten (10) percent of the required landscaped open space. For approved structures exceeding four (4) stories in height, additional landscaped open space shall be provided equivalent to twenty-five (25) percent of the gross floor area of each floor above four (4) stories.

(b) Greenbelts. Continuous, extensively planted greenbelts, penetrated only at approved points for ingress or egress to the property, shall be provided along all property lines abutting public rights-of way or properties zoned residential, in accordance with the following minimum standards:

Size of Net
Lot Area
Width of
Greenbelts
Up to 3 acres
More than 3 acres
8 feet
10 Feet

>>It is provided, however, that this greenbelt requirement shall not apply along property lines abutting property which is depicted as "Industrial & Office" on the Land Use Plan map of the Comprehensive Development Master Plan, is zoned GU and no building permit has been issued for a residence at the time of the approval of the building permit for the industrial use.<<

* * *

Section 2. Sec. 33-263.1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:


Sec. 33-263.1. Minimum landscaped open space, greenbelts, trees, >>and<< maintenance.

(a) Landscaped open space. A minimum of ten (10) percent of the net lot area of the site shall be developed as landscaped open space; provided, however, that an industrial-zoned site that abuts residentially zoned or developed property shall provide fifteen (15) percent of the net lot area as landscaped open space. >>It is further provided, however, that if the industrial-zoned site abuts property which is depicted as "Industrial & Office" on the Land Use Plan (LUP) map of the Comprehensive Development Master Plan (CDMP), is zoned GU and no building permit has been issued for a residence at the time of the approval of the building permit for the industrial use, the landscape open space requirement shall be ten (10) percent of the net lot area.<< Said landscaped open space may include entrance features, greenbelts, unpaved passive and active recreation area, and other similar landscaped open space at ground level. Open space areas may also include tree preservation zones of "natural forest communities" as defined in Section 26B-1, Code of Miami-Dade County. Tree preservation zones shall be delineated on all plans submitted to Miami-Dade County, for site plan review under Section 33-261.1 of the Code of Miami-Dade County, for the purposes of determining overall preservation area and percent of overall landscaped area. The requirements contained herein do not replace or substitute for any requirements contained within Chapter 18A, Code of Miami-Dade County.

Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty (20) percent of the required open space. The specific areas within enclosed on unenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas herein and areas therein with permanent art display may be used as part of the required landscaped open space, but such areas shall not be credited for more than ten (10) percent of the required landscaped open space. For approved structures exceeding four (4) stories in height, additional landscaped open space shall be provided equivalent to twenty-five (25) percent of the gross floor area of each floor above four (4) stories.

(b) Greenbelts. Continuous, extensively planted greenbelts, penetrated only at approved points for ingress or egress to the property, shall be provided along all property lines abutting public rights-of way or properties zoned residential, in accordance with the following minimum standards:

Size of Net
Lot Area
Width of
Greenbelts
Up to 3 acres
More than 3 acres
8 feet
10 Feet

>>It is provided, however, this greenbelt requirement shall not apply along property lines abutting property which is depicted as "Industrial & Office" on the LUP map of the CDMP, is zoned GU and no building permit has been issued for a residence at the time of the approval for the building permit for the industrial use.<<

* * *

Section 3. Sec. 33-266.2 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:


Sec. 33-266.2. Minimum landscaped open space, greenbelts, trees, >>and<< maintenance.

(a) Landscaped open space. A minimum of ten (10) percent of the net lot area of the site shall be developed as landscaped open space; provided, however, that an industrial-zoned site that abuts residentially zoned or developed property shall provide fifteen (15) percent of the net lot area as landscaped open space. >>It is further provided, however, that if the industrial-zoned site abuts property which is depicted as "Industrial & Office" on the Land Use Plan map of the Comprehensive Development Master Plan, is zoned GU and no building permit has been issued for a residence at the time of the approval of the building permit for the industrial use, the landscape open space requirement shall be ten (10) percent of the net lot area.<< Said landscaped open space may include entrance features, greenbelts, unpaved passive and active recreation area, and other similar landscaped open space at ground level. Open space areas may also include tree preservation zones of "natural forest communities" as defined in Section 26B-1, Code of Miami-Dade County. Tree preservation zones shall be delineated on all plans submitted to Miami-Dade County, for site plan review under Section 33-261.1 of the Code of Miami-Dade County, for the purposes of determining overall preservation area and percent of overall landscaped area. The requirements contained herein do not replace or substitute for any requirements contained within Chapter 18A, Code of Miami-Dade County.

Water bodies may be used as part of the required landscaped open space but such water areas shall not be credited for more than twenty (20) percent of the required open space. The specific areas within enclosed on unenclosed malls which are landscaped with grass, trees and/or shrubbery, water areas herein and areas therein with permanent art display may be used as part of the required landscaped open space, but such areas shall not be credited for more than ten (10) percent of the required landscaped open space. For approved structures exceeding four (4) stories in height, additional landscaped open space shall be provided equivalent to twenty-five (25) percent of the gross floor area of each floor above four (4) stories.

(b) Greenbelts. Continuous, extensively planted greenbelts, penetrated only at approved points for ingress or egress to the property, shall be provided along all property lines abutting public rights-of way or properties zoned residential, in accordance with the following minimum standards:

Size of Net
Lot Area
Width of
Greenbelts
Up to 3 acres
More than 3 acres
8 feet
10 Feet

>>It is provided, however, this greenbelt requirement shall not apply along property lines abutting property which is depicted as "Industrial & Office" on the Land Use Plan map of the Comprehensive Development Master Plan, is zoned GU and no building permit has been issued for a residence at the time of the approval of the building permit for the industrial use.<<

* * *

Section 4. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5. It is the intention of the Board of County Commissioners, and it is hereby ordained that the provisions of this ordinance, including any sunset provision, shall become and be made a part of the Code of Miami-Dade County, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section," "article," or other appropriate word.
Section 6. This ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon an override by this Board.
1 Words stricken through and/or [[double bracketed]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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