Miami-Dade Legislative Item
File Number: 093017
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File Number: 093017 File Type: Ordinance Status: Adopted
Version: 0 Reference: 09-105 Control: Board of County Commissioners
File Name: ZONING AMEND SEC 33-151.13 PERMIT HORSES IN THERAPY Introduced: 11/9/2009
Requester: NONE Cost: Final Action: 11/17/2009
Agenda Date: 11/17/2009 Agenda Item Number: 7D
Notes: 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 (SEE ORIGINAL ITEM UNDER FILE NO. 092117)
Indexes: AMENDING CODE
  ZONING
Sponsors: Sen. Javier D. Souto, Prime Sponsor
  Sally A. Heyman, Co-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 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.

Commission Auditor 11/9/2009 Legislative notes attached 11/17/2009

County Attorney 11/9/2009 Assigned Andrew Boese

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.

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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