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Home My WebLink AboutH-1 Ordinance: Moratorium on Religios assemblyCity of ~Vl iami ~ard ~ens 1515-200 NW 167~' Street Miami Gardens, Florida 33169 Date: December 12'h, 2007 Fiscal Impact: No X Yes ^ A,g.enda Cover Page Public hearing ^ (If yes, explain in Staff Summary) Ordinance X Funding Source: NIA 1 st Reading X Contract/P.O. Requirement: Yes ^ No X Advertising requirement: Sponsor Name/Department: Dr. Danny O. Crew, City Manger Title Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Oscar Braynon II Councilman Aaron Campbell Jr. Councilwoman Sharon Pritchett Councilman Andr~ Williams Quasi-Judicial ^ Resolution ^ 2nd Reading ^ Yes No x RFP/RFQ/Bid # N/A AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR RELIGIOUS AND NONRELIGIOUS ASSEMBLY USES IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL DISTRICT; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Staff Summary City staff has conferred with the City attorney regarding the specific application of the zoning code, as adopted, dealing with assembly uses. The City Attorney has made a determination that various provisions in the Miami-Dade Zoning Code, as adopted, are either unconstitutional or are violative of the Religious Land Use Institutionalized Persons Act, because the standards utilized by the Code are not clear and ascertainable. The City Manager has directed that City staff conduct a study of the regulations and to make changes where necessary to ensure that the regulations pass legal muster and to determine whether all assembly uses, including religious and nonreligious assembly, in Residential Districts should continue. City staff is currently drafting it's own Zoning Code and expects to be able to cure some of the problems with the Miami-Dade County Zoning Code particularly the issues surrounding public assemblies. The City Manager and City Attorney are requesting that the City Council issue a twelve (12) month moratorium on the processing of development orders for assembly uses inth ~_, H-1) U1Zll1NANCE5I+IRST 1 READING Moratorium on processing/development orders foc reli~ious and non religious assemb!y Residential Zoning District, including but not limited to site plans, development applications, permits and any related actions and/or approvals for such uses within the district to determine whether these uses should be permitted in the City and if so, pursuant to what regulations. This moratorium will not effect development orders, including but not limited to site plans, development applications, permits and any related actions and/or approvals for existing religious or nonreligious assembly uses in all Residential Districts; or the approval of a bonafide application for which was made six (6) months prior to the effective date of the requested moratorium. Recommendation It is recommended that the City Council adopt this ordinance thereby imposing a finrelve (12) month moratorium on the processing of development orders for assembly uses in the Residential Zoning District Attachment. 2 ORDINANCE No. 07- AN ORDINANCE ADOPTING A MORATORIUM ON THE PROCESSING OF DEVELOPMENT ORDERS FOR RELIGIOUS AND NONRELIGIOUS ASSEMBLY USES IN ALL RESIDENTIAL ZONING DISTRICTS, INCLUDING BUT NOT LIMITED TO SITE PLANS, DEVELOPMENT APPLICATIONS, PERMITS AND ANY RELATED ACTIONS AND/OR APPROVALS FOR SUCH USES WITHIN THE RESIDENTIAL DISTRICT; PROVIDING FOR A TERM; PROVIDING FOR EXCEPTIONS; PROVIDING FOR A STUDY(S): PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 1 WHEREAS, the City Attorney has made a determination that various provisions in 2 the Miami-Dade Zoning Code are either unconstitutional or are violative of the Religious 3 Land Use Institutionalized Persons Act, because the standards utilized by the Code are 4 not clear and ascertainable, and 5 WHEREAS, the Miami-Dade County Code is made applicable to the City by virtue 6 of Section 8.3 of the City's Charter, and 7 WHEREAS, the City Manager has directed that City staff conduct a study of the 8 regulations and to make changes where necessary to ensure that the regulations pass 9 legal muster and to determine whether all assembly uses, including religious and 10 nonreligious assembly, in Residential Districts should continue, and 11 WHEREAS, the City is currently drafting it's own Zoning Code and expects to be 12 able to cure some of the problems with the Miami-Dade County Zoning Code, and 13 WHEREAS, the City Manager and City Attorney are requesting that the City Paqe 1 Ordinance No. 07 - 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Council issue a twelve (12) month moratorium on the processing of development orders for assembly uses in the Residential Zoning District, including but not limited to site plans, development applications, permits and any related actions and/or approvals for such uses within the district to determine whether these uses should be permitted in the City and if so, pursuant to what regulations. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA as follows: SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas Clauses are hereby ratified and confirmed as being true, and the same are hereby made a specific part of this Ordinance. SECTION 2. ESTABLISHMENT OF MORATORIUM: A moratorium on the processing and permitting of development orders for religious and nonreligious assembly uses in the Residential Zoning District, including but not limited to site plans, development applications, permits and any related actions and/or approvals for such uses within the Residential Zoning District is hereby established for a period of twelve (12) months from the effective date of this ordinance. The moratorium is subject to the provisions of Section 3 herein. Except as otherwise provided herein, no department of the City shall issue any permits, development orders, or undertake the review and approval of any site Paqe 2 Ordinance No. 07 - 32 plans, building permits, or development plans with respect to such uses within the City, 33 during the term of the moratorium established hereby. 34 SECTION 3. EXEMPTION: The moratorium established hereby shall not apply to 35 the following: 36 a) Development orders, including but not limited to site plans, development 37 applications, permits and any related actions and/or approvals for existing religious or 38 nonreligious assembly uses in all Residential Districts; 39 b) The approval of an application, a bonafide application for which was made six 40 (6) months prior to the effective date hereof. 41 SECTION 4: STUDY: The City Manager and City Attorney, as well as such other 42 departments of the City, as the City Manager shall deem appropriate shall undertake a 43 study of assembly uses in the Residential Zoning District and shall report back to the 44 Mayor and City Council the results of any studies. 45 SECTION 5: CONFLICT: All ordinances or Code provisions in conflict herewith 46 are hereby repealed. 47 SECTION 6. SEVERABILITY: If any section, subsection, sentence, clause, 48 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 49 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and Paqe 3 Ordinance No. 07 - 50 independent provision and such holding shall not affect the validity of the remaining 51 portions of this Ordinance. 52 SECTION 7. EFFECTIVE DATE: This Ordinance shall become effective 53 immediately upon its final passage. PASSED ON FIRST READING ON THE DAY OF JANUARY 2007. PASSED ON SECOND READING ON THE DAY OF , 2007. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 2007. SHIRLEY GIBSON, MAYOR ATTEST: RONETTA TAYLOR, CMC, CITY CLERK PREPARED BY: SONJA K. DICKENS, City Attorney SPONSORED BY: SONJA K DICKENS CITY ATTORNEY AND DANNY O. CREW, CITY MANAGER MOVED BY: Paqe 4 Ordinance No. 07 - VOTE: Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Aaron Campbell Councilman Andre' Williams Councilwoman Sharon Pritchett Councilman Oscar Braynon, II 270397_1 (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) (Yes) (No) Paqe 5