Miami-Dade Legislative Item
File Number: 093195
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File Number: 093195 File Type: Ordinance Status: In Committee
Version: 0 Reference: 10-20 Control: Board of County Commissioners
File Name: BED & BREAKFAST HOMESTAYS 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: 7D
Notes: CUT & PASTE COMM. & DEPT. ITEM Title: ORDINANCE PERMITTING BED AND BREAKFAST ESTABLISHMENTS IN THE AU (AGRICULTURAL) ZONING DISTRICT SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING STANDARDS; AMENDING SECTIONS 33-1, 33-124 AND 33-279 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (DEPARTMENT OF PLANNING & ZONING)
Indexes: AGRICULTURAL
  BED & BREAKFAST LODGING
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 7D Adopted P
REPORT: First Assistant County Attorney Abigail Price-William read the foregoing proposed ordinance into the record. SPECIAL NOTE: See the Report under Agenda Item 7C, Legislative File No. 093192.

Budget, Planning and Sustainability Committee 2/9/2010 1G2 Forwarded to BCC with a favorable recommendation P
REPORT: See Report Under Agenda Item 1G1, Legislative File No. 093192.

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 4K 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 1/6/2010 Assigned County Manager's Office
REPORT: item returned.

County Attorney 12/16/2009 Assigned Joni Coffey

County Manager 12/16/2009 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 PERMITTING BED AND BREAKFAST ESTABLISHMENTS IN THE AU (AGRICULTURAL) ZONING DISTRICT SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING STANDARDS; AMENDING SECTIONS 33-1, 33-124 AND 33-279 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, this Board desires to accomplish the purposes described in the accompanying memorandum,

NOW, THEREFORE, 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 is hereby amended as follows:
Sec. 33-1. Definitions.

* * *
>>(12.2) Bed and breakfast establishment. A bed and breakfast establishment is an owner-occupied single family dwelling offering transient accommodations and meals for paying guests.<<

* * *

Section 2. Section 33-124 of the Code of Miami-Dade County is hereby amended as follows:
Sec. 33-124. Standards.

Off-street parking shall be provided in accordance with the following minimum standards:
* * *
(c) Motels, tourist courts >>, bed and breakfast establishments,<< and transient accommodations. One (1) parking space for each individual sleeping room or bedroom.

* * *

Section 3. Section 33-279 of the Code of Miami-Dade County is hereby amended 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:

(1) All uses, except golf courses, permitted in the RU-1, EU-M or EU-1 Districts and subject to the restrictions thereof not inconsistent with this article.

>>(1.1) A bed and breakfast establishment shall be permitted subject to the following limitations.

(a) The facility shall be owner-occupied and located in property that is subject to a lawful agricultural property tax classification and designated in the Comprehensive Development Master Plan for Agriculture, except as provided in (k) below.

(b) No more than six (6) bedrooms shall be allocated for rental and no more than six (6) bedrooms shall be rented out per 24-hour period.

(c) The bed and breakfast establishment use may be conducted from both a principal residence and a legally established accessory guest house detached from the principal residence.

(d) The maximum length of total stay for any bed and breakfast guest shall be 30 days per consecutive 12-month period.

(e) No cooking facilities shall be permitted in any of the bedrooms available for rent.

(f) Meals will be served only for overnight guests.

(g) The property owner shall obtain a certificate of use from the Department and promptly renew the same annually.

(h) Regarding compliance with the applicable provisions of Chapter 24 of this code only, bed and breakfast establishments shall be considered residential establishments.

(i) The property owner shall obtain and maintain the appropriate licenses for operating a bed and breakfast establishment from the State of Florida, including the Department of Business and Professional Regulation, Division of Hotels and Restaurants, or successor agency, if applicable.

(j) The property owner will maintain the single-family residential appearance of the bed and breakfast establishment.

(k) If designated historic by the by the Miami-Dade County Historic Preservation Board, structures located on a property designated Agriculture and situated outside the Urban Development Boundary of the Comprehensive Development Master Plan Land Use Plan Map shall be exempt from the requirement of (a) above, except that the establishment shall be owner-occupied.<<

Section 5. 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 6. 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 7. 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: December 15, 2009

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, 33-124 and 33-279 of the Code to Provide for Bed and Breakfast Establishments in AU (Agricultural) Zoning District

..Recommendation
It is recommended that the Board of County Commissioners adopt the attached ordinance amending Sections 33-1, 33-124 and 33-279 of the Code to provide for bed and breakfast establishments in AU (Agricultural) zoning district.

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 attached ordinance will allow local farmers to use their owner-occupied properties with an agricultural property tax classification for bed and breakfast establishment to attract people who are interested in learning more about agriculture and who would enjoy the unique landscape of South Florida.



_______________________________
Alex Muñoz,
Assistant County Manager



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