Miami-Dade Legislative Item
File Number: 093192
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File Number: 093192 File Type: Ordinance Status: In Committee
Version: 0 Reference: 10-19 Control: Board of County Commissioners
File Name: WINERIES LOCATED IN AGRICULTURAL AREAS Introduced: 11/30/2009
Requester: Department of Planning & Zoning Cost: Final Action: 3/2/2010
Agenda Date: 3/2/2010 Agenda Item Number: 7C
Notes: CUT & PASTE RE: DEPT. & COMM. SPONSOR Title: ORDINANCE AMENDING SECTION 33-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (''CODE''), TO PROVIDE DEFINITIONS OF FARM-RELATED BREWERIES AND DISTILLERIES; AMENDING SECTION 33-279 OF THE CODE TO PERMIT BREWERIES AND DISTILLERIES IN THE AU (AGRICULTURAL) ZONING DISTRICT; MODIFYING CERTAIN REQUIREMENTS FOR WINERY, BREWERY, DISTILLERIES AND ANCILLARY USES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE
Indexes: AGRICULTURAL
  WINERY
Sponsors: Audrey M. Edmonson, Co-Sponsor
  Jose "Pepe" Diaz, Co-Sponsor
  Carlos A. Gimenez, Co-Sponsor
  Sally A. Heyman, Co-Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
  Katy Sorenson, Co-Sponsor
  Rebeca Sosa, Co-Sponsor
  Sen. Javier D. Souto, 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 3/2/2010 7C Adopted P
REPORT: Chairman Moss shared with the Board members, events from his trip to New York’s Finger Lakes Region, one of the largest acreages of vineyards in the country, with more than 100 wineries. First Assistant County Attorney Abigail Price-William read the foregoing proposed ordinance and Agenda Items 7D, Legislative File No. 093195 and 7E, Legislative File No. 093209 into the record simultaneously. Assistant County Manager Alex Munoz provided an overview of this proposed ordinance that would allow for a greater agricultural-related uses and encourage agri-tourism for Miami-Dade County. Commissioner Sorenson spoke in support of this proposed ordinance. She asked Assistant County Attorney Armstrong-Coffey to clarify the existing winery code protecting against abuse. She noted breweries would be ancillary to active farms and would be protected from any kind of abuse. Assistant County Attorney Armstrong-Coffey advised the Board members that breweries are defined as establishment that were located on a farm, and in the agriculture zoning district, wineries, breweries and distilleries must be ancillary to the principal use of the property as a working farm. Commissioner Souto spoke in support of this proposed ordinance and Agenda Items 7D, Legislative File No. 093195 and 7E, Legislative File No. 093209. Chairman Moss thanked Assistant County Manager Munoz, Mr. Charles LaPradd, Agricultural Manager, Office of the Agricultural Manager and Mr. Subrata Basu, Assistant Director for Planning, Assistant Director for Planning, Department of Planning and Zoning for their assistance on this effort to bring this proposed ordinance and Agenda Items 7D, Legislative File No. 093195 and 7E, Legislative File No. 093209 forth. The Board proceeded to vote on this proposed ordinance and Agenda Items 7D, Legislative File No. 093195 and 7E, Legislative File No. 093209 as presented.

Budget, Planning and Sustainability Committee 2/9/2010 1G1 Forwarded to BCC with a favorable recommendation P
REPORT: Assistant County Attorney Jess McCarty read the foregoing proposed ordinance into the record. Hearing no objection, the Committee considered Agenda Items 1G1, 1G2, and 1G3 simultaneously. Chairwomen Sorenson opened the public hearing on these proposed ordinances, and the following persons appeared before the Committee: Ms. Pamela Gray, 19100 SW 304 Street, spoke in opposition to these proposed ordinances. Ms. Karen Esty, 14445 SW 200 Street, spoke in opposition to these proposed ordinances not having strong enough language to promote locally grown produce. She requested the Committee defer these ordinances and provide the community with an opportunity to help the County reevaluate these proposals. Ms. Gabriele Mareuski, Paradise Farms Organic, 19801 SW 320 Street, spoke in support of these proposed ordinances. Ms. Sue Ocuto, 30451 SW 217 Avenue, spoke in support of these proposed ordinances. Mr. Robert Burr, 314 Romano Avenue, Coral Gables, spoke in support of these proposed ordinances. Ms. Denisse Serge, Owner, Schnebly Redland’s Winery, 19220 SW 280 Street, spoke in support of these proposed ordinances. Ms. Ariana Kumpis, 9500 SW 97 Street, spoke in support of these proposed ordinances. Mr. Peter Schnebly, Owner, Schnebly Redland’s Winery, 19220 SW 280 Street, spoke in support of these proposed ordinances. Ms. Alice Pena, 14390 SW 199 Avenue, spoke in support of these proposed ordinances. She requested the Committee consider designating agriculture as a year round industry as opposed to seasonal. Mr. Brian Conese, Tropical Everglades Visitors Association, 22425 SW 167 Avenue, spoke in support of these proposed ordinances. Ms. Katie Edwards, Executive Director, Dade County Farm Bureau, 1850 Old Dixie Highway, Homestead, spoke in support of these proposed ordinances. Mr. Edward Powell, 2274 SE 27 Drive, Homestead, spoke in support of these proposed ordinances. Mr. Greg Whitney, Whitney’s Produce, 13981 SW 232 Avenue, spoke in support of these proposed ordinances. Mr. Sal Landa, Cornerstone Horse Farm, 23000 SW 179 Place, spoke in support of these proposed ordinances. Mr. Robert Barnes, 221 N. Krome Avenue, Homestead, spoke in support of these proposed ordinances. Mr. Andy Matthews, 17485 SW 245 Terrace, spoke in support of these proposed ordinances. Ms. Gabrielle Benta, 25905 SW 197 Avenue, spoke in support of this proposed ordinance. Chairwoman Sorenson closed the public hearing after no other person appeared wishing to speak. Commissioners Edmonson, Heyman, Jordan, and Chairwoman Sorenson asked that they be listed as co-sponsors to Agenda Items 1G1, 1G2, and 1G3. Chairwoman Sorenson questioned why breweries were included in this proposed ordinance. Assistant County Manager Alex Munoz noted the County Administration conducted fact finding research on agri-tourism and the research showed that beer could be flavored with locally grown produce. Mr. Charles LaPradd, Agriculture Manager, Consumer Services Department, clarified that a brewery would have to import hops to brew beer, which was similar to a winery importing yeast to make wine. In response to Commissioner Jordan’s question regarding the provisions of this proposed ordinance protecting the agriculture industry from being impacted by a bed and breakfast establishment, Mr. LaPradd explained that the bed and breakfast would have to be on actively farmed property unless it was a historic structure. Chairwoman Sorenson noted she would meet with residents who opposed these proposed ordinances to identify clarifying language that could be added to alleviate their concerns. Hearing no other questions or comments, the Committee proceeded to vote.

Board of County Commissioners 1/21/2010 Tentatively scheduled for a public hearing Budget, Planning and Sustainability Committee 2/9/2010

Board of County Commissioners 1/21/2010 4J Adopted on first reading 2/9/2010 P
REPORT: First Assistant County Attorney Abigail Price-Williams read the foregoing ordinance into the record. Hearing no further questions or comments, the Board proceeded to vote on the foregoing ordinance as presented. The foregoing ordinance was adopted on first reading and set for a public hearing before the Budget, Planning and Sustainability Committee on Tuesday, February 09, 2010 at 2:00 p.m.

County Manager 1/13/2010 Assigned Alex Munoz 1/13/2010
REPORT: Item returned to ACM.

County Attorney 1/13/2010 Assigned County Manager's Office
REPORT: returned

County Attorney 1/12/2010 Assigned Joni Coffey 1/13/2010

County Attorney 1/12/2010 Assigned County Manager
REPORT: returned

County Attorney 1/6/2010 Assigned County Manager's Office
REPORT: item returned.

County Attorney 12/16/2009 Assigned Joni Coffey

County Manager 12/15/2009 Assigned County Attorney 1/21/2010
REPORT: DPZ (Revised) - 1st Reading 1/21/2010 - Public Hearing 2/9/2010 - BPS 2/9/2010

County Attorney 12/3/2009 Assigned County Manager's Office
REPORT: returned

County Attorney 12/1/2009 Assigned Joni Coffey 12/3/2009

County Manager 11/30/2009 Referred Budget, Planning and Sustainability Committee 1/12/2010

County Manager 11/30/2009 Assigned County Attorney 12/15/2009
REPORT: DPZ - (BPS - 1/12/10) [(1st Rdg - 12/15/09) & PH 1/12/10)]

County Manager 11/30/2009 Assigned Alex Munoz

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 33-1 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (“CODE”), TO PROVIDE DEFINITIONS OF FARM-RELATED BREWERIES AND DISTILLERIES; AMENDING SECTION 33-279 OF THE CODE TO PERMIT BREWERIES AND DISTILLERIES IN THE AU (AGRICULTURAL) ZONING DISTRICT; MODIFYING CERTAIN REQUIREMENTS FOR WINERY, BREWERY, DISTILLERIES AND ANCILLARY USES; 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 33-1 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows :

Sec. 33-1. Definitions.

For the purpose of this chapter, the following definitions for terms used herein shall apply to all sections of this chapter unless the context clearly indicates otherwise:


(14) Block. A block shall be deemed to be all that property frontage along one (1) highway lying between the two nearest intersecting or intercepting streets and railroad right-of-way or waterway, golf course, campus, park or similar open space.

>>(14.1) Brewery (farm related). An establishment, located wholly on a farm, for the manufacture of malt liquors, such as beer and ale, using grains produced in other regions and other ingredients produced primarily on the farm or in the State of Florida.<<


(39) Director. The word "Director" shall mean the Director of the Department of Planning and Zoning or designee, unless the context clearly indicates otherwise.

>>(39.1) Distillery (farm related). A facility located wholly on a farm designed for the distillation of grains and fruits produced primarily on the farm or in the State of Florida.<<

Section 2. Section 33-279 of the Code of Miami-Dade County, Florida, is hereby amended to read as follows:

Sec. 33-279. Uses Permitted.

No land, body of water and/or structure shall be maintained, used, or permitted to be used, and no structure shall be hereafter maintained, erected, constructed, moved, reconstructed, or structurally altered or be permitted to be erected, constructed, moved, reconstructed, or structurally altered for any purpose in an AU District which is designed, arranged, or intended to be used or occupied for any purpose other than the following:


(21) Wineries >>, breweries and distilleries<< (farm related) as defined in Section 33-1, subject to the following conditions:

(a) [[That the]]>>The<< principal use of the property shall be a working [[grove or vineyard]] >>farm producing products utilized in the winery, brewery, or distillation process.<<[[; and]]

(b) [[That the]]>>The<< farm winery>>, brewery, or distillery<< shall be ancillary to the principal use of said [[grove or vineyard]]>>farm.<<[[; and]]

(c) [[That the]]>>The<< property upon which the [[grove/vineyard]]>>farm<< and ancillary farm winery>>, brewery, or distillery<< is located shall not be less than ten (10) acres gross>>.<<[[; and]]

(d) [[That no]]>>No<< more than 250,000 gallons of wine >>, and 250,000 gallons of malted beverage/beer and 125,000 gallons of distilled spirits<< shall be produced in any one calendar year[[; and]]>>.<<

[[(e) That notwithstanding the maximum lot coverage of 15% permitted by the district, the maximum lot coverage permitted for all structures related to the wine processing, wine storage, wine tasting and sales areas shall not exceed ten (10) percent of the net lot area; and]]

[[(f)]]>>(e)<< [[That such]]>>Such<< a farm winery>>, brewery, or distillery<< may be open to the public for >>events and activities related to the preserving, processing, packaging or selling of agricultural products from Florida including tours, product tasting, festivals, parties and other similar events.<< [[tours, wine tasting and for the sale of the wine products produced on the property; and]]

[[(g)]]>>(f)<< [[That off]]>>Off<<-street parking requirements for the [[wine]] tasting and sales areas shall be calculated at one parking space for every 250 square feet of gross floor area or fractional part thereof. Office and other use areas shall have off-street parking spaces provided for such areas as otherwise provided in this code. In addition to the aforementioned parking requirements, at the time of application for ZIP [[pursuant to paragraph (l) herein]], parking for indoor or outdoor farm related [[winery]] festivals shall be determined by the Director and such requirements shall be based on the number of people that can reasonably be assumed to be on such premises at one (1) time. Said determination shall be calculated on a basis of one (1) parking space for each four (4) persons.

[[(h)]]>>(g)<< Food service >>, preparation and consumption<< [[must]] >>shall<< be accessory to the production of wine >>, beer or distilled spirits.<<[[and limited to hors d’oeuvres and other snacks. All such food shall be prepared off-site. No commercial kitchen shall be allowed.]]


[[(i)]]>>(h)<< [[That the]]>>The<< hours of >>retail sales<< operation for the farm related winery>>, brewery, or distillery<< shall not extend beyond 11:00 p.m.

[[(j)]]>>(i)<< Outdoor farm related [[winery]] festivals shall be allowable on properties having a current Certificate of Use for a farm related winery>>, brewery, or distillery<< provided [[the organization and nature of those festivals is related to the winery operation on the site for the purpose of promoting the farm winery concept and further provided]]:

[[a. Written waivers of objection for outdoor farm related festival use shall be obtained from all residences within five hundred (500) feet or eighty (80) percent of the residences within one thousand feet prior to the occurrence of the first festival. Festivals occurring subsequent to the initial festival shall not be subject to this requirement.]]

[[b.]]>>a.<< [[That no]]>>No<< such outdoor farm related festival shall be more than three (3) days long.

>>b.<< A Zoning Improvement Permit (ZIP) for outdoor farm related [[winery]] festivals shall be obtained [[from the Department]] for each festival. No more than a total of six (6) outdoor farm related festivals shall be held per calendar year per farm. Such outdoor farm related [[winery]] festivals shall be restricted to daylight hours only.

[[(k) That farm related wineries shall be subject to all required permits and inspections.

(l) A Zoning Improvement Permit (ZIP) for outdoor farm related winery festivals shall be obtained from the Department for each festival. No more than a total of six (6) outdoor farm related festivals shall be held per calendar year. Such outdoor farm related winery festivals shall be restricted to daylight hours only.

(m) That the use shall conform to the requirements of the Miami-Dade County Department of Environmental Resources Management, and the special events requirements of the Miami-Dade County Police Department, if applicable.]]



[[(n)]]>>(j)<< [[That the]]>>The<< use of mechanically amplified outdoor [[live]] entertainment shall be prohibited >>from 11 PM to 9 AM<<.

[[(o)]]>>(k)<< [[That the]]>>The<< winery>>, brewery, or distillery shall<< not be located in the East Everglades Area of Environmental Concern as that area is described in Chapter 33B, Code of Miami-Dade County.


Section 3. 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 4. 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 5. 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.


HEADER
Date:

To: Honorable Chairman Dennis C. Moss
and Members, Board of County Commissioners

From: George M. Burgess
County Manager

Subject: Proposed Zoning Ordinance Amending Sections 33-1 and 33-279 of the Code to Expand the Section Providing for Wineries in the AU (Agricultural) Zoning District

..Recommendation
It is recommended that the Board of County Commissioners adopt the attached ordinance amending Sections 33-1 and 33-279 of the Code in order to permit farm-related breweries and distilleries in the AU (Agricultural) zoning district, and to modify certain requirements for wineries, breweries and distilleries and their ancillary uses. The ordinance amends Sec. 33-1 of the Code in order to provide definitions for farm related breweries and distilleries.

Scope
The proposed ordinance applies to the unincorporated areas of Miami-Dade County.

Fiscal Impact/Funding Source
The proposed ordinance creates no fiscal impact on Miami-Dade County.

Track Record/Monitor
The Department of Planning and Zoning will administer the implementation of this ordinance.

BODY
To assist the agricultural industry to be economically viable in the face of changing characteristics and increased pressure to convert agricultural lands to urban use, the Board of County Commissioners (BCC) adopted on April 24, 2007 Resolution No. R-436-07. This resolution directed County staff to conduct a fact finding mission, to develop a set of strategies to promote agri-tourism, and to find possible ways to diversify agriculture. On December 12, 2007, County Staff presented a report to the BCC outlining the findings of the fact finding mission and laying out a plan of action to address some of the challenges being faced by the County’s agricultural community.

It is estimated that an average of two million visitors pass through the south Miami-Dade area every year on their way to destinations such as the Florida Keys, Everglades and Biscayne National Parks. The attached ordinance and the two other accompanying ordinances are designed to provide the local farmers with the tools necessary to attract a segment of those visitors passing through the area. These ordinances are designed to remove impediments from the zoning code to allow for additional agricultural-related uses and to encourage agri-tourism.

The zoning code currently provides for wineries to operate in the County’s agricultural area under certain conditions. However, the code imposes a number of restrictions on uses that are considered complementary to making a winery operation viable and attractive. This deficiency in our code was highlighted during the fact finding mission to upstate New York where thriving wineries created a tourist destination of an area that was once economically depressed. The proposed changes expand the winery section to provide for breweries and distilleries and to allow additional flexibility for their operators to utilize the facilities to promote tourism and expose people to the potential of the agricultural industry in south Miami-Dade.


_______________________________
Alex Muñoz,
Assistant County Manager



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