Legislative Matter

Miami-Dade Legislative Item
File Number: 141417

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File Number: 141417

File Type: Ordinance

Status: In Committee

Version: 0

Reference:

Control: Board of County Commissioners

File Name: CARGO SHIPPING CONTAINERS USED FOR STORAGE

Introduced: 6/17/2014

Requester: NONE

Cost:

Final Action:

Agenda Date: 9/16/2014

Agenda Item Number: 7A

Notes:

SEE 142039 FOR FINAL VERSION AS ADOPTED.

Title:

ORDINANCE RELATING TO ZONING; CREATING REGULATIONS TO PERMIT CARGO CONTAINER STORAGE UNITS IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:

ZONING ORDINANCE

Sponsors:

Juan C. Zapata, 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	9/16/2014	7A	Amended
REPORT:	See Agenda Item 7A Amended, Legislative File No. 142039, for the amended version.

Land Use & Development Committee	8/28/2014	1G2	Forwarded to BCC with a favorable recommendation				P
REPORT:	Assistant County Attorney Dennis Kerbel read the foregoing proposed ordinance into the record. Chairman Diaz opened the public hearing and called for persons wishing to appear before the Committee in connection with this proposed ordinance. Madame Renita Holmes, 350 NW Liberty Street (phonetic), appeared before the Committee, on behalf of the Broadmoor Homeowner Association. She asked that additional information regarding the cargo container storage units be provided. Ms. Holmes commented on the environmental and health impacts to residents living in poor and mixed communities due to close proximity of industries which stored pollutants and contaminants. Mr. Ken Knight, 1174 and 1194 NW 81 Street, Jacob Fleishman Cold Storage, representing the communities of Districts 2 and 3, appeared before the Committee. He spoke in support of the foregoing proposed ordinance. Mr. Knight commented on the current and anticipated Port activity within the neighborhood, particularly at Jacob Fleishman, which he noted had approximately 1,200 employees. He noted the cargo container storage units would provide jobs for Districts 2 and 3 residents. Chairman Diaz closed the public hearing after no one else appeared wishing to speak. In response to Commissioner Jordan’s inquiry regarding the impact of this proposal on businesses that were bordering residential communities, Mr. Eric Silva, Development Coordinator, Regulatory and Economic Resources, said the cargo container storage units must be at least 50 feet from the residential community. Commissioner Jordan asked Mr. Silva to provide her with a report regarding any potential impacts this proposed ordinance might have on neighborhoods adjacent to the properties in which the cargo container storage units would be stored, before this item was considered by the Board. Commissioner Bell inquired whether a time limit was imposed on the containers. In response to Commissioner Bell, Mr. Silva said there was no time limit for the containers; however, they had to be associated with an existing business and as long as the business was operational, the containers could remain and must be maintained. Chairman Diaz noted his support for the foregoing proposed ordinance. He commented on the 50-foot residential setback requirement, and expressed that existing businesses would not be affected by this proposal. Mr. Silva said businesses that were approved under the previous interpretation were grandfathered. Hearing no further comments or questions, the Committee members proceeded to vote on the foregoing ordinance, as presented.

Board of County Commissioners	7/1/2014	4C	Adopted on first reading		8/28/2014		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for public hearing before the Land Use and Development Committee on Thursday, August 28, 2014 at 9:30 a.m.

Board of County Commissioners	7/1/2014		Tentatively scheduled for a public hearing	Land Use & Development Committee	8/28/2014

County Attorney	6/17/2014		Assigned	Lauren E. Morse		6/17/2014

County Attorney	6/17/2014		Referred	Land Use & Development Committee	8/28/2014

Legislative Text

TITLE
ORDINANCE RELATING TO ZONING; CREATING REGULATIONS TO PERMIT CARGO CONTAINER STORAGE UNITS IN CERTAIN ZONING DISTRICTS; AMENDING SECTION 33-20 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; 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 33-20 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:1
Sec. 33-20. Accessory buildings; utility sheds and pergolas; swimming pools; fallout shelters; boat storage; portable mini-storage units >>; cargo container storage units<<.

* * *

>>(j) Cargo container storage units. For the purpose of this section, the term cargo container storage unit shall mean a shipping container that is designed for cargo storage and is placed on a given property. Cargo container storage units are subject to the following conditions and limitations:

(1) Units may only be placed on property located in the following zoning districts: IU, BU-1A, BU-2, and BU-3.
(2) Units may only be used for storage that is ancillary to an existing business.
(3) No hazardous materials may be stored in the cargo container storage unit.
(4) Units may not be placed in a manner that renders the site non-conforming with parking, landscaping, or lot coverage requirements.
(5) Containers may not be stacked.
(6) Containers shall be placed behind the front and side street building lines. No container shall alter or impede the traffic flow within the site or that of service alleys when applicable.
(7) Containers shall be maintained free from rust and graffiti.
(8) The number of containers shall be limited to 1 for parcels of 1 acre or less. An additional container may be permitted for each additional acre of net lot area.
(9) The container setback shall be as follows:

Rear and interior: 5 feet
Side street: 15 feet
Spacing between a container and
existing structure: Zero
Spacing between containers: Zero

(10) Units shall setback 50 feet from residential, single-family property or single-family zoning districts. Units legally established prior to September 1, 2014 are exempt from this requirement.
(11) The property owner shall apply for and obtain a Zoning Improvement Permit (ZIP) pursuant to Section 33-8.1 for each cargo container storage unit.
(12) A ZIP may be revoked by the Director at any time upon violation of any of the conditions or limitations stated herein.<<

Section 2. 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 3. 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 4. 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.