Legislative Matter

Miami-Dade Legislative Item
File Number: 081469

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Clerk's Official Copy

File Number: 081469

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 08-78

Control: Board of County Commissioners

File Name: AMENDING SEC 33-124 RELATING TO ZONING

Introduced:

Requester: NONE

Cost:

Final Action: 7/1/2008

Agenda Date: 7/1/2008

Agenda Item Number: 7A

Notes:

Title:

ORDINANCE RELATING TO ZONING; AMENDING SECTION 33-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CHANGE THE OFF STREET PARKING REQUIREMENTS FOR CHURCHES; PROVIDING SEVERABILITY, INCLUSION IN THE CODE, AND AN EFFECTIVE DATE

Indexes:	ZONING
	PARKING
	AMENDING CODE

Sponsors:

Sen. Javier D. Souto, 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	7/1/2008	7A	Adopted				P
REPORT:	Assistant County Attorney Abigail Price-Williams read the foregoing proposed ordinance into the record. There being no questions or comments, the Board proceeded to vote.

Governmental Operations and Environment Committee	6/10/2008	3D	Forwarded to BCC with a favorable recommendation				P
REPORT:	The foregoing proposed ordinance was read into the record by Assistant County Attorney Geri Bonzon-Keenan. Chairwoman Seijas opened the public hearing on the foregoing ordinance, and the following person(s) appeared in connection with this ordinance. Mr. Gerardo Vandale (phonetic), representing Mission Miami, appeared in support of this ordinance amending off-street parking for churches. He noted he felt this would allow churches to be treated equally with other venues such as banquet/convention halls, theatres and private clubs. He requested the Board’s support. Chairwoman Seijas responded she hoped churches would include American Disabilities Act (ADA) and baby stroller parking provisions, as well. Seeing no one else wishing to speak in connection with this ordinance, the public hearing was closed. Commissioner Gimenez noted this would have a tremendous impact on some large churches in District 5 with large parking lots and overflow parking into the neighborhoods. He asked why churches were treated differently from other property groups concerning parking regulations. Assistant County Attorney Leigh Macdonald noted a federal law enacted a few years ago, required churches to be treated on equal terms as other public assemblies. She explained Section 33-124 of the Code outlined parking requirements for various types of auditorium-style gatherings, and singled out churches by requiring one parking space per 150 square feet of seating area. She noted this ordinance would make the Code consistent in requiring one parking space per 100 square feet, as required for other similar type assemblies; and would comply with the federal law. Hearing no further comments or questions, the Committee proceeded to vote on the foregoing proposed ordinance as presented.

Board of County Commissioners	5/20/2008	4D	Adopted on first reading		6/10/2008		P
REPORT:	The Board adopted the foregoing proposed ordinance was adopted on first reading and scheduled the public hearing before the June 10, 2008, Government Operations and Environment Committee, at 9:30 a.m.

Board of County Commissioners	5/20/2008		Tentatively scheduled for a public hearing	Governmental Operations and Environment Committee	6/10/2008

County Attorney	5/7/2008		Assigned	Leigh Macdonald

County Attorney	5/7/2008		Assigned	Governmental Operations and Environment Committee	6/10/2008

Legislative Text

TITLE
ORDINANCE RELATING TO ZONING: AMENDING SECTION 33-124 OF THE CODE OF MIAMI-DADE COUNTY, FLORIDA TO CHANGE THE OFF STREET PARKING REQUIREMENTS FOR CHURCHES; 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 33-124 of the Code of Miami-Dade County, Florida is hereby amended as follows: 1

* * *

Sec. 33-124. Standards.

(d)�� Churches. At least one (1) parking space for each [[fifty (50)]] >>one hundred (100)<< square feet or fractional part thereof of the seating area in the main auditorium (sanctuary), including adjacent areas which may be use as part of the auditorium.

* * *

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 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 be come effective ten (10) days after the enactment unless vetoed by the Mayor, and if vetoed, shall be come effective only upon an override of 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.
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