Miami-Dade
Legislative Item File Number: 093017 |
Printable PDF Format Clerk's Official Copy |
File Number: 093017 | File Type: Ordinance | Status: Adopted | ||||||||||
Version: 0 | Reference: 09-105 | Control: Board of County Commissioners | ||||||||||
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Requester: NONE | Cost: | Final Action: 11/17/2009 | ||||||||||
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Sunset Provision: No | Effective Date: | Expiration Date: |
Registered Lobbyist: | None Listed |
Legislative History |
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Acting Body | Date | Agenda Item | Action | Sent To | Due Date | Returned | Pass/Fail |
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Board of County Commissioners | 11/17/2009 | 7D | Adopted | P | |||
REPORT: | First County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. The Board proceeded to vote on the foregoing proposed ordinance as presented. | ||||||
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Commission Auditor | 11/9/2009 | Legislative notes attached | 11/17/2009 | ||||
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County Attorney | 11/9/2009 | Assigned | Andrew Boese | ||||
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Budget, Planning and Sustainability Committee | 10/27/2009 | 2E AMENDED | Forwarded to BCC with a favorable recommendation with committee amendment(s) | P | |||
REPORT: | Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Chairwomen Sorenson opened the public hearing on the foregoing proposed ordinance. Hearing no persons wishing to speak on this matter, the public hearing was closed. Assistant County Attorney Andrew Boese advised that the first line of Section 1 (c) of this proposed ordinance should be amended to read as follows: “Notwithstanding any other provisions of Chapter 33 to the contrary” and would replace “Notwithstanding any other provisions of this chapter or code to the contrary.” Commissioner Martinez expressed concern that the horses would endanger the water supply as indicated by the Department of Environmental Resources Management in Agenda Item 2E Supplement. Chairwoman Sorenson concurred with Commissioner Martinez. Assistant County Manager Alex Munoz noted that the County would continue well field protection and that well fields would not be allowed on the subject property without appropriate permitting. He said that the zoning change would continue to occur on other properties, however, Chapter 24 provisions would remain on properties with well fields. Mr. John Renfrow, Director, Water and Sewer Department, said that the amended language as read by the Assistant County Attorney would address the concern relating to well field protection. He noted that the amendment would prevent Hippotherapy from being performed in well field protection areas. There being no further questions or comments, the Committee proceeded to vote on this proposed resolution as amended. | ||||||
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Legislative Text |
TITLE ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-151.13 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PERMITTING HORSES FOR USE WITH THERAPY IN CONJUNCTION WITH CERTAIN PRIVATE SCHOOLS; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE BODY Section 1. Section 33-151.13 of the Code of Miami-Dade County is hereby amended as follows:1 Sec. 33-151.13. Zoning district requirements. (a) All day nurseries, after-school centers, kindergartens and private schools shall meet the requirements included herein and the requirements of the particular zoning district in which they are located if that district is one (1) in which the facility is a permitted use; facilities in other districts shall meet RU-3 requirements. * * * >>(c) Notwithstanding any other provisions of [[this]]2 chapter [[or code]] >>33<< to the contrary, horses used to provide therapy as a part of the curriculum of private schools primarily dedicated to the education of developmentally disabled children as specified in Section 393.063, Fla. Statutes, shall be permitted in conjunction with school use that has been approved in the EU-1, EU-2, GU and AU zoning districts. The number of horses and the location of the accessory structure(s) to house them shall comply with the underlying zoning district regulations.<< 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. 2 Committee amendments are indicated as follows: words double stricken through and/or [[double bracketed]] shall be deleted, words double underlined and/or >>double arrowed<< constitute the amendment proposed. |
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