Miami-Dade Legislative Item
File Number: 111575
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File Number: 111575 File Type: Ordinance Status: Amended
Version: 0 Reference: 11-59 Control: Board of County Commissioners
File Name: HOG FARMS OR HOG RAISING Introduced: 7/22/2011
Requester: NONE Cost: Final Action:
Agenda Date: 8/2/2011 Agenda Item Number: 7C
Notes: SEE 111944 FOR FINAL VERSION AS ADOPTED. Title: ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-279 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); MODIFYING REQUIREMENTS FOR HOG FARMS OR HOG RAISING IN AREAS ZONED AGRICULTURE (AU); CREATING SECTION 33-279.1 OF THE CODE; AUTHORIZING CERTAIN AGRICULTURAL USES IN THE OPEN LAND SUBAREAS 1 AND 4, AS DESIGNATED IN THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE [SEE ORIGINAL ITEM UNDER FILE NO. 111333]
Indexes: ANIMALS
  ORDINANCE AMENDING
  ZONING
Sponsors: Jose "Pepe" Diaz, Co-Prime Sponsor
  Lynda Bell, Co-Prime 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 8/2/2011 7C Amended
REPORT: See Report Under Agenda Item 7C AMENDED, Legislative File No. 111944.

County Attorney 7/22/2011 Assigned Abbie N. Schwaderer

Infrastructure and Land Use Committee 7/13/2011 1E3 Amended Forwarded to BCC with a favorable recommendation with committee amendment(s) P
REPORT: Assistant County Attorney Geri Bonzon-Keenan read the foregoing proposed ordinance into the record. Assistant County Attorney Abbie Schwaderer read the following proposed amendments into the record: ~ Page 2, at the bottom, the paragraph beginning with “The CDMP acknowledges . . .” the words “regulation (where applicable)” would be added after the word “wetlands ” ~ Page 3, first paragraph, the sentence beginning “Because of the contribution . . .” would be deleted ~ Page 3, second paragraph, the language “Any uses in these Subareas must take place within the existing flood constraints of the areas, and property” as well as “interested parties are encouraged to” would be deleted; and the word “should” would be added ~ Page 3, subsection (b)(q), the word “foul” would be replaced with “fowl” ~ Page 3, subsection (b)(r), “Raising or keeping of 40 rabbits per acre” would be added ~ page 4, subsection (b)(s), “Raising or keeping of cows, horses or other equine animals, goats, sheep, chickens, poultry, rabbits or fowl in excess of any of the above thresholds, only upon issuance of a Certificate of Use (CU) for the property where the uses are to be conducted, subject to site plan approval by the Department. The site plan shall indicate, at a minimum, onsite storm water retention and waste stream management” would be added ~ Page 4, subsection (c), the words “areas” and “facilities” would be deleted and ~ Page 4, subsection (d), should be deleted in its entirety. Chairwoman Edmonson opened the public hearing on the foregoing proposed ordinance. Hearing no one wishing to speak before the Committee, she closed the public hearing. It was moved by Commissioner Diaz that the foregoing ordinance be forwarded to the County Commission with a favorable recommendation with the amendments noted by Assistant County Attorney Schwaderer. This motion was seconded by Commissioner Jordan. In response to Chairwoman Edmonson’s inquiry whether hog farms were considered agricultural areas or farms, Mr. Marc LaFerrier, Director, Department of Planning and Zoning, said these regulations would be applicable to areas zoned agricultural (AU) or GU. He noted GU areas had the same uses as surrounding properties that were zoned agricultural. Mr. LaFerrier said that areas defined in the C-9 Basin and the eight and a half square mile area were designated under the Comprehensive Development Master Plan (CDMP) as Open Land, and the proposed regulations were applicable to agricultural uses and practices in those areas. He noted this was the only section in the Zoning Code where the number of animals on agricultural land could be regulated. Mr. LaFerrier said the Department of Environmental Resources Management (DERM) would require a secondary permit to determine whether groundwater hazards would be an issue relating to raising livestock, if the number of animals exceeded the regulated amount. He noted in the event of complaints or issues regarding pollutants in the area, the Department of Building and Neighborhood Compliance would check the number of animals to determine whether the site complied with the permit requirements. Mr. LaFerrier said traditionally animals were not allowed in those areas because of the proximity to the Everglades and flooding issues. Chairwoman Edmonson noted her support of this proposed ordinance. Mr. Charles Danger, Director, Department of Building and Neighborhood Compliance (BNC), said that pursuant to DERM’s request, the BNC and federal agencies, spent approximately one year cleaning the C-9 Basin area of illegal activities such as truck parking, cock fighting, animal slaughtering, and dumping. He noted the difficulties in enforcing this ordinance and he was working with the County Attorney and Mr. LaFerrier to determine whether language could be included in this proposal that would consider these areas as recreational rather than farms, so that the ordinance could be regulated by the Building Code. Chairwoman Edmonson asked whether an age limit could be included in this proposal for the regulation of young pigs. Mr. Danger responded that the Zoning Code allowed for up to four dogs to be housed in a residential area and for puppies to be kept for six months; however, the regulation was not applicable to other animals. Commissioner Diaz said that he was the sponsor of the proposed ordinance; however, Mr. Danger had not communicated with him about this proposal in the last month. He noted his concern that enforcement activities in the area were carried out in a similar manner to a Swat Team. Commissioner Diaz said many problems in the area were addressed, but these were farms and recreational areas, and some people were fined for a lot of issues. He noted this resulted from the State of Florida because a horse was killed in that area and everyone suffered because of that incident. Commissioner Diaz said Sweetwater residents had a right to do what they believed was proper. He noted the County must find a solution rather than making a blanket statement as this resulted in negative situations. Mr. Danger noted both he and his staff treated everyone with respect. He said that illegal gambling, restaurants serving unsuitable food, flea markets, and nightclub issues existed in the area in addition to those related to the animals. Mr. Danger noted he had nothing against recreational farms; however, it was impossible to regulate the number of animals. He said staff did not go to residents’ houses similar to a Swat Team. Chairwoman Edmonson noted she did not wish to encourage illegal cock and dog fighting. Commissioner Jordan said that she would withdraw her second to this motion, but supported forwarding this proposed ordinance to the Commission without a recommendation. She noted it appeared that proposed ordinance could not be enforced. . Mr. Danger noted he suggested an amendment to the proposed ordinance that any structure erected to house animals be permitted; however, the County Attorney’s Office advised him this requirement was not possible. Assistant County Attorney Schwaderer noted a new State Statute existed which exempted certain farm-related buildings from County Code and Building Code requirements. Commissioner Jordan asked whether any portion of this proposed legislation would be enforceable. She questioned whether area inspections could be based on complaints and/or spot checks, followed by the issuance of a notice for additional permitting if violations were discovered. Mr. Danger said this proposed ordinance would be extremely difficult to enforce, noting his concern that this proposal encouraged illegal activities. Following Commissioner Jordan’s withdrawal of her second to the motion, Commissioner Barreiro seconded the motion on the floor. Commissioner Diaz said he would ask area residents to speak with Mr. Danger. He noted 17 different agencies participated in the previous enforcement sweep in the area. He agreed that illegal situations existed; however, believed that this proposal was in response to legitimate hog farms, and not directed at cock fighting activities. Mr. Charles LaPradd, Miami-Dade County Agricultural Manager, said Miami-Dade was home to the States’ largest turkey and organic egg producers, and that these businesses were commercial farms operating within the AU, Open Land designation. Mr. LaPradd said this proposal would provide an opportunity for people to utilize their land and the existing restrictions were onerous. He noted illegal slaughterhouses and cock fighting, activities would still be illegal after the adoption of this ordinance. Commissioner Sosa said that she would support this proposal today (7/13) but asked that environmental and other issues relating to this ordinance, be addressed before it was considered by the County Commission. Chairwoman Edmonson asked Mr. LaFerrier and Mr. Danger to meet with the sponsors of this proposed ordinance and each Committee member to clarify how illegal activities such as truck parking, cock fighting, animal slaughtering, gambling, wiring and dumping, flea markets, nightclubs, and restaurants would be enforced in the subject area before this proposed ordinance was considered by the County Commission. Commissioner Monestime noted although this ordinance would be difficult to enforce, he did not believe people who wanted to do the right thing should be penalized. He questioned whether these residents could apply for a permit. Responding to Commissioner Monestime, Assistant County Attorney Schwaderer noted certain farm buildings were exempt from the Florida Building Code under State law. She noted State law defined farms and certain types of farm buildings and these definitions could not be changed. Commissioner Monestime noted he was hopeful this issue could be revisited to allow some of the residents obtain a permit; however, he expressed support for forwarding this proposal to the County Commission. In response to Commissioner Jordan’s question regarding enforcement issues in the subject area, Mr. Danger said agency officials were addressing illegal mining operations, rock piling, dumping, waste management, water pollution, hazardous electrical and plumbing conditions, guns, gambling, cock fighting, restaurants, flea markets, and nightclubs. Commissioner Diaz noted many illegal activities were corrected by the 17 agencies; and people wanted to make sure these activities did not recur. He noted illegal activities occurred everywhere and he questioned how the enforcement was conducted. Hearing no further comments or questions, Committee members proceeded to vote on the foregoing resolution with the amendments noted by Assistant County Attorney Schwaderer.

Legislative Text


TITLE
ORDINANCE PERTAINING TO ZONING; AMENDING SECTION 33-279 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA (CODE); MODIFYING REQUIREMENTS FOR HOG FARMS OR HOG RAISING IN AREAS ZONED AGRICULTURE (AU); CREATING SECTION 33-279.1 OF THE CODE; AUTHORIZING CERTAIN AGRICULTURAL USES IN THE OPEN LAND SUBAREAS 1 AND 4, AS DESIGNATED IN THE COMPREHENSIVE DEVELOPMENT MASTER PLAN; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

BODY
WHEREAS, the Comprehensive Development Master Plan (CDMP) designates certain areas of the County located outside the Urban Development Boundary as “Open Land.” The CDMP further defines certain geographic subareas within the Open Land areas and provides guidance as to the uses and activities allowed within those subareas. This ordinance addresses the requirements of specific uses allowed and their restrictions, when applicable, in Open Land Subarea 1 (Snake-Biscayne Canal basin) located in northwestern Miami-Dade County and Open Land Subarea 4 (East Everglades) located in west Miami-Dade County; and
WHEREAS, the CDMP further provides for the development of land development regulations specific to these Subareas in order to address the types of agricultural uses and the raising of livestock that are permitted, considering the limited flood protection in these Subareas,
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:1
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:


* * *

(4) >>Raising or keeping of two hogs per site<< Hog farms and hog raising>>, in excess of two hogs per site,<< shall be permitted only upon approval after public hearing.


* * *


Section 2. Section 33-279.1 of the Code of Miami-Dade County, Florida, is hereby created to read as follows:
Section 33-279.1. Agricultural Uses Permitted in Open Land Subareas Areas 1 and 4 of the Comprehensive Development Master Plan (CDMP).

Notwithstanding any provisions to the contrary in Chapter 33 or Chapter 33B of this Code, the agricultural uses provided in this Section are permissible in areas zoned AU or GU with an AU trend in the Open Land Subareas 1 and 4, as designated in the Comprehensive Development Master Plan, to the extent such uses are permissible under Section 33-279 of this Code. No additional agricultural uses shall be permitted in these areas.

The CDMP acknowledges that the lands within these Subareas have special hydrologic conditions and are prone to flooding, and these lands are subject to wetlands >>regulation (where applicable)<<2 and stormwater management regulation pursuant to Chapter 24 and floodplain regulations pursuant to Chapter 11C of this Code. [[Because of the contribution of some of these lands to the County’s water supply, the lands’ environmental functions, and the presence of wetlands, the CDMP states that all proposed uses in these Subareas shall be reviewed on a case-by-case basis.]]

The County does not provide flood protection for properties in these areas, nor does the County have plans to provide flood protection in the future. [[Any uses in these Subareas must take place within the existing flood constraints of the areas, and property]] owners [[and interested parties are encouraged to]] >>should<< consider the risks of flooding in these areas.

(a) Residential uses are only permitted to the extent otherwise allowed under this Code. This Section does not provide any additional residential uses.

(b) The following uses are permissible, to the extent that such uses are permissible under Section 33-279 of this Code:
a. Barns and Sheds for cattle or stock
b. Barns and sheds for storage of equipment
c. Beekeeping
d. Farms
e. Fish pools
f. Fruit and Vegetable Stands
g. Groves
h. Greenhouses or nurseries, commercial
i. Horticultural farming – commercial
j. Hydroponics or other chemical farming
k. Nurseries – horticultural
l. Seed drying facilities
m. Truck gardens
n. Raising or keeping of 2 hogs per site
o. Raising or keeping of 2 of any of the following per acre: cows, horses or other equine animals
p. Raising or keeping of 3 of any of the following per acre: goats or sheep
q. Raising or keeping of 40 of any of the following per acre: chickens, poultry or [[foul]]>>fowl
r. Raising or keeping of 40 rabbits per acre
s. Raising or keeping of cows, horses or other equine animals, goats, sheep, chickens, poultry, rabbits or fowl in excess of any of the above thresholds, only upon issuance of a Certificate of Use (CU) for the property where the uses are to be conducted, subject to site plan approval by the Department. The site plan shall indicate, at a minimum, onsite stormwater retention and waste stream management.<<

(c) The following uses are permissible only upon approval after public hearing, as provided in Section 33-279 of this Code, and for floodplain management purposes, the application package must include a site plan which indicates 1) existing and proposed locations of structures, fences or buffers; 2) onsite stormwater retention [[areas]]; and 3) waste stream management [[facilities]].
a. Dairy farm
b. Dude ranch
c. Hog farm or hog raising, except for the raising of 2 hogs

[[(d) The following uses are permissible, to the extent that such uses are permissible under Section 33-279 of this Code, only upon issuance of a Certificate of Use (CU) for the property where the uses are to be conducted, and the CU submittal package shall include a site plan which indicates, at a minimum, onsite stormwater retention areas and waste stream management facilities.
d. Raising or keeping of more than 2 of the following per acre: cattle, horses, or other equine animals
e. Raising or keeping of more than 3 of the following per acre: goats or sheep
f. Raising or keeping of more than 40 of the following per acre: chickens, poultry, or foul]]

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.

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
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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