Legislative Matter

Miami-Dade Legislative Item
File Number: 091880

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Clerk's Official Copy

File Number: 091880

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 09-69

Control: Board of County Commissioners

File Name: PLANT NURSERY USE WITHIN UTILITY EASEMENTS & RAILROAD

Introduced: 6/18/2009

Requester: NONE

Cost:

Final Action: 9/1/2009

Agenda Date: 9/1/2009

Agenda Item Number: 7B

Notes:

Title:

ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PERMITTING PLANT NURSERY USE WITHIN UTILITY EASEMENTS AND RAILROAD RIGHTS-OF-WAY IN IU (INDUSTRIAL ZONING DISTRICTS) SUBJECT TO CONDITIONS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	ZONING
	PLANT

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	9/1/2009	7B	Adopted				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Commissioner Diaz said that it was important to proceed with approval of this ordinance and that he would sponsor subsequent legislation to address a countywide issue that had recently developed. Commissioner Sorenson noted a solution would be to delete Section 1(a) so that the farmers, who were experiencing depleted agricultural land, would be able to utilize land under the power lines. Mr. Marc LaFerrier, Director, Department of Planning and Zoning, said that the Department would embrace the change recommended by Commissioner Sorenson. He noted that another ordinance would be necessary in order to accommodate special conditions that applied to other agricultural properties which utilized utility easements and rights-of-way. Commissioner Diaz stated and Mr. LaFerrier confirmed that the deletion of Section 1(a) would not affect the intended outcome that the applicant was seeking. County Attorney Cuevas confirmed that Section 1(a) was the intended language that was recommended for deletion. Assistant County Manager Alex Munoz agreed with the suggested change as it related to plant nurseries; however, he indicated concern about on-site sales. Mr. LaFerrier said that the removal of on-site sales would not affect the petitioner. He noted the issue needing to be addressed was related to nurseries that utilized utility rights-of-way for agricultural purposes. County Attorney Cuevas advised that an incidental use was important under the Comprehensive Development Master Plan (CDMP) and the removal of Section 1(a) based upon the consideration of a specific site could present an issue. Assistant County Attorney Andrew Boese noted that it was not a problem if the Board was only considering the utility easement. He said that an agricultural use needed to be incidental to another use (educational) as required by the CDMP since the site was located on railroad rights-of-way. Chairman Moss said that Commissioner Sorenson’s request would preclude any for-profit farmers from taking advantage of utility line easements and railroad rights-of-way. Assistant County Attorney Boese confirmed this to the extent that it would precipitate further ordinances that would allow agricultural uses only in utility easements. He said that to satisfy this site would exclude other things. Commissioner Diaz requested this proposed ordinance remain as presented and he would initiate additional action in the future to address the issues presented. Commissioner Sorenson agreed to proceed with this ordinance with incidental use applying only to the railroad and asked that language be drafted to allow other businesses to utilize these appropriate sites. There being no further questions or comments, the Commission proceeded to vote.

Budget, Planning and Sustainability Committee	7/14/2009	2B	Forwarded to the BCC by the BCC Chairperson without recommendation				P
REPORT:	Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwoman Sorenson opened the public hearing on the foregoing proposed ordinance. She closed the public hearing after no one appeared wishing to speak. Chairwoman Sorenson questioned why this proposed ordinance limited the use of nurseries to not-for-profit corporations. Mr. Marc LaFerrier, Director, Department of Planning and Zoning, noted the sponsor of this proposal had requested that this provision requiring a not-for-profit entity be included. Chairwoman Sorenson expressed concern regarding this provision requiring a not-for-profit entity. She pointed out the importance of the agriculture industry in this county. She suggested this proposed ordinance be forwarded without recommendation. Hearing no other questions or comments, the Committee proceeded to vote on this proposed ordinance without recommendation. Pursuant to County Commission Chairman Moss' memorandum dated June 8, 2009, the foregoing proposed resolution was forwarded to the July 21, 2009 Commission meeting.

Board of County Commissioners	6/30/2009	4O	Adopted on first reading		7/14/2009		P
REPORT:	The foregoing proposed ordinance was adopted on first reading and scheduled for a public hearing before the Budget, Planning and Sustainability Committee (BPSC) on Tuesday, July 14, 2009, at 2:00 PM.

Board of County Commissioners	6/30/2009		Tentatively scheduled for a public hearing	Budget, Planning and Sustainability Committee	7/14/2009

County Attorney	6/18/2009		Assigned	Andrew Boese

County Attorney	6/18/2009		Referred	Budget, Planning and Sustainability Committee	7/14/2009

Legislative Text

TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-259 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PERMITTING PLANT NURSERY USE WITHIN UTILITY EASEMENTS AND RAILROAD RIGHTS-OF-WAY IN IU (INDUSTRIAL ZONING DISTRICTS) SUBJECT TO CONDITIONS; 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 33-259 of the Code of Miami-Dade County is hereby amended as follows:1
Sec. 33-259. Uses permitted.

No land, body of water or structure shall be used or permitted to be used and no structure shall be erected, constructed, moved or reconstructed, structurally altered, or maintained, which is designed, arranged or intended to be used or occupied for any purpose, unless otherwise provided herein, in IU-1 District, excepting for one (1) or more of the following:

* * *
>>(89.1) Plant nurseries are authorized in utility easements and railroad rights-of-way, with the consent of the property owner, subject to the following conditions:

(a) The nursery use shall be conducted by a not-for-profit corporation and shall be incidental to an on-site educational program that provides career training or medical or educational therapy programs.
(b) No on-site sales shall be permitted;
(c) The use shall be conducted on sites with a minimum of one (1) acre net lot area;
(d) A Certificate of Use shall be obtained, and shall be renewed annually subject to the conditions contained in this subsection; and

(e) The use shall not be permitted on property abutting residentially zoned properties or properties designated on the Land Use Plan (LUP) map for residential use.<<

* * *

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 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.