Miami-Dade Legislative Item
File Number: 093209
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File Number: 093209 File Type: Ordinance Status: In Committee
Version: 0 Reference: 10-21 Control: Board of County Commissioners
File Name: ANCILLARY AGRICULTURAL USES Introduced: 12/1/2009
Requester: Department of Planning & Zoning Cost: Final Action: 3/2/2010
Agenda Date: 3/2/2010 Agenda Item Number: 7E
Notes: CUT & PASTE DEPT. & COMM. SPONSOR ITEM Title: ORDINANCE AMENDING SECTION 33-279 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PERMIT CERTAIN ADDITIONAL USES THAT ARE ANCILLARY TO AN ONGOING AGRICULTURAL USE OR DIRECTLY SUPPORTVE OF AGRICULTURE IN THE AU (AGRICULTURAL) ZONING DISTRICT; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE (DEPARTMENT OF PLANNING & ZONING)
Indexes: AGRICULTURAL
  ZONING
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 7E 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 1G3 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 4L 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: returned

County Attorney 12/16/2009 Assigned Joni Coffey 1/7/2010

County Manager 12/16/2009 Assigned County Attorney 1/21/2010
REPORT: DPZ-REVISED COPY WITH ALL CHANGES---(BPS-PUBLIC HEARDING ON FEBRUARY 9, 2010)---Joni Coffey

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

County Attorney 12/1/2009 Assigned Joni Coffey 12/3/2009
REPORT: returned

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

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

County Manager 12/1/2009 Assigned Alex Munoz 11/20/2009 12/1/2009

Legislative Text


TITLE
ORDINANCE AMENDING SECTION 33-279 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO PERMIT CERTAIN ADDITIONAL USES THAT ARE ANCILLARY TO AN ONGOING AGRICULTURAL USE OR DIRECTLY SUPPORTVE OF AGRICULTURE IN THE AU (AGRICULTURAL) ZONING DISTRICT; 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 33-279 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:


>>(22) Uses ancillary to and directly supportive of agriculture.

(a) The following uses shall be permitted on property meeting the requirements of this section when ancillary to an ongoing agricultural use;

(1) The packing, processing and sale of agricultural goods or products from the State of Florida.

(2) Farm tours, farm meals, cooking classes, agricultural workshops, agricultural education and agri-tourism.

(3) Farmers’ markets, restricted to the sale of fruits, vegetables, live farm animals, and plants, as well as products derived directly therefrom.

(4) Uses determined by the Director to be similar to those enumerated above. In determining similarity between a proposed use and the uses enumerated above, the Director shall be guided by whether the proposed use is ancillary to and directly supportive of agriculture.

(b) The following uses that are directly supportive of agriculture shall be permitted on property meeting the requirements of this section and subject to the provisions of Chapter 24 of this code:

(1) The sale of farm supplies.

(2) The sale and service of farm machinery and implements.

(c) All uses permitted in (a) and (b) above shall be subject to the following requirements:

(1) The property shall be designated Agriculture in the Comprehensive Development Master Plan Land Use Plan Map and shall be utilized for a bona fide agricultural use as evidenced by an agricultural property classification approved by the Miami-Dade County Property Appraiser’s Office.

(2) The property or business owner shall obtain a certificate of use for the ancillary agricultural use from the Department and promptly renew the same annually.<<



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 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 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.


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 Sec. 33-279 of the Code to Provide for Ancillary to Agricultural Use and Directly Supportive to Agriculture uses in the AU (Agricultural) Zoning District

..Recommendation
t is recommended that the Board of County Commissioners adopt the attached ordinance amending Section 33-279 of the Code in order to provide for ancillary to agricultural use and directly supportive to agriculture uses in the 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 expands and clarifies the list of ancillary uses to agriculture and directly supports agriculture uses in the zoning code. The Comprehensive Development Master Plan was appropriately amended last year to allow for these changes to be consistent with the master plan.


______________________________
Alex Muñoz,
Assistant County Manager



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