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Home My WebLink AboutO-11916J-00-249 3/13/00 11916 ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING ARTICLE 4, SECTION 401, AND ARTICLE '9 SECTION. 937, IN ORDER. TO ELIMINATE ADULT ENTERTAINMENT ESTABLISHMENTS FROM THE C-2 ZONING DISTRICT AND TO MODIFY DISTANCE SEPARATION REGULATIONS PERTAINING TO ADULT ENTERTAINMENT ESTABLISHMENTS; CONTAINING A REPEALER PROVISION AND SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Miami Planning Advisory Board, at its meeting of March 15, 2000, Item No. 2, following an advertised hearing, adopted Resolution No.- PAB 2000-11 by a vote of five to one (5-1), RECOMMENDING APPROVAL of amending Zoning Ordinance No. 11000 as hereinafter set forth; and WHEREAS, the City Commission after careful consideration of this matter deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to amend Ordinance No. 11000 as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are hereby adopted by reference - 11916 thereto and incorporated herein as if fully set forth in this Section. Section 2. Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami,. Florida, is hereby amended by amending the text of said Ordinance as follows:" "Article 4. ZONING DISTRICTS * * Section 401. Schedule of district regulations C-2 Liberal Commercial. * * * Conditional Principal Uses: 11- 10. 1-2- 11. 1-3 12. 44 13. 1-5 14. 1-G 15. * * * 1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 5 11916 I Industrial Conditional Principal Uses: 7. Adult Entertainment, subject to the limitations and requirements in Section 937. Article 9. GENERAL AND SUPPLEMENTARY REGULATIONS Section 937. Adult entertainment or adult services. 937.2. Limitations on adult entertainment or adult service establishments. No adult entertainment or adult service establishment shall be: (b) (a) Located within six hurd��'a'---(6 one thousand (1,000) feet of any residentially zoned property, school or public park. The distance shall be measured from the front door of the proposed adult establishment to the closest property line of the residentially zoned property, school or park. Where property in the City of Miami borders upon property of another city or Dade County, the term "residentially zoned property" Page 3 of 5 11 S. 10" 1 0 0 shall be those zoning districts designated as residentially zoned by the terms of the zoning ordinance of the external jurisdiction. (e) (b) Approved for a certificate of use only when the application therefor is accompanied by a survey certified by a land surveyor registered in the State of Florida showing that the requirements of (a) anel ( b ) f rom above have been met. Section 3. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 4. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 5. This Ordinance shall become effective thirty (30) days after final reading and adoption thereofY PASSED ON FIRST READING BY TITLE ONLY this 23rd day of March , 2000. This Ordinance shall become effective as specified herein, unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 4 of 5 119 6 PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of April , 2000. JOE CAROLLO, MAYOR in accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the des;gnatad pine,-, ;rss`:'ideu, �,id i �li3itat J:'r ;+id becomes effective with the elapse of ten (10) dad,, tarn the date of Commissicn cwtion regarding same, without the Mayoi Oxerci ' to. ATTEST: Wa r oeman, City Clerk WALTER J. FOEMAN CITY CLERK ...07•' Z ZEgANDNEO VImE C Y ATTORNEY W853-� M:eij LLO AND CORRECTNESS: Page 5 of 5 11916 Pz-1 • • SECOND READING APPLICANT HEARING DATE REQUEST/LOCATION LEGAL DESCRIPTION PETITION PLANNING RECOMMENDATION BACKGROUND AND ANALYSIS PLANNING FACT SHEET City of Miami Planning and Zoning Department. March 15, 2000. Amendments to Article 4 Section 401 and Article 9, Section 937 of Zoning Ordinance 11000. N/A Consideration of amending Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida by amending Article 4, Section 401, C-2 in order to remove Adult Entertainment establishments; and I Industrial, in order to modify the provisions relating to Adult Entertainment Establishments; and by amending Article 9, Section 937 to modify regulations pertaining to Adult Entertainment establishments. Approval. Please see attached analysis. PLANNING ADVISORY BOARD Approval VOTE: 5-1 CITY COMMISSION Passed First Reading on March 23, 2000. APPLICATION NUMBER 00-011 Item #2 CITY OF MIAMI - PLANNING DEPARTMENT 444 SW 2ND AVENUE, 3RD FLOOR - MIAMI, FLORIDA, 33130 PHONE (305) 416-1400 Date: 3/9/00 Page 1 11916 ANALYSIS FOR AMENDMENT TO ARTICLE 6 OF THE ZONING ORDINANCE APPLICATION: No, 00-011 The proposed amendment to the Zoning Ordinance is being in order to modify the regulations pertaining to the permissibility of Adult Entertainment Establishments within the City of Miami. This amendment proposes to eliminate such uses from the C-2 Zoning classification finding that C-2 districts have been amended recently to allow residential uses and that C-2 districts are' also located within close proximity to many other districts which allow residential uses. Adult Entertainment establishments are not compatible, nor appropriate uses adjacent to residential areas. The remainder of this amendment modifies the distance limitations for Adult Entertainment uses within the Industrial zoning classification. Current regulations do not address distance limitations from schools and parks. This amendment will introduce such limitations and modify the existing limitations of said establishments from each other. The proposed language will be as follows: Article 4. Zoning Districts Section 401. Schedule of District Regulations C-2 Liberal Commercial Conditional Principal Uses: I Industrial Conditional Principal Uses: .7. Adult Entertainment, -subject to the . limitations, and requirements in Section 937. Article 9. General and Supplementary'Regulations Section 937.Adult entertainment or adult services. 937.2. Limitations on adult entertainment or adult service establishments. No adult entertainment or adult service'establishment shall be: ather adult + X14 s engine o � 4 The er�ertai�ea ��st,Rbtisf�meR �,�,� (b) Located within sig h, I I one thousand (1,000) feet of any residentially zoned property, school or public park. The distance shall be measured from the front door of the proposed adult establishment to the closest property line of the residentially zoned property, school or park. (c) Approved for a certificate of use only when the application therefor is accompanied by a survey certified by a land surveyor registered in the State of Florida showing. that the requirements of (a) and (b) above have been met. The Planning Department is recommending approval of the proposed amendment finding that it will protect residential uses, parks and schools from the incompatible Adult Entertainment uses. RESOLUTION PAS -15-00 A RESOLUTION RECOMMENDING APPROVAL OF A CONSIDERATION OF AMENDING ORDINANCE 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, BY AMENDING%ARTICLE1 4, SECTION 401, C-2, IN ORDER TO REMOVE ADULT ENTERTAINMENT ESTABLISHMENTS, AND I INDUSTRIAL, IN ORDER TO MODIFY THE PROVISIONS RELATING TO ADULT ENTERTAINMENT ESTABLISHMENTS, AND BY AMENDING ARTICLE 9, SECTION 937, TO MODIFY REGULATIONS PERTAINING TO ADULT ENTERTAINMENT ESTABLISHMENTS. HEARING DATE: March 15, 2000 ITEM NO. 2 VOTE: 5-1 ATTEST 1"Yk,&vt4&X Z--/ Alfz Ana Gelabert-Sanchel rec or Planning and Zoning Department 0 tR 6 A,ai So iI } CITY OAF Hl1 l Ml FL MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Miami -Dade County, Florida. STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared Sookie Williams, who on oath says that she is the Vice President of Legal Advertising of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Miami - Dade County, Florida; that the attached copy of advertise- ment, being a Legal Advertisement of Notice in the matter of CITY OF MIAMI ORDINANCE NO. 11916 in the ........... XXXXX...................... Court, was published in said newspaper in the issues of Apr 19, 2000 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami - Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Miami -Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade Count lorida, for a period of one year next preceding the first ub ation of the attached copy of advertisement; and aft nt fu her says that she has neither paid nor promised a per n, firm or corporate any discount, rebate, com- rrefund fo the purpo a of securing this advertise• t r p licatio�n the said ewspape�, Sworn to an s scribe bef a me this 19 April 2000 dof .. ... ........ D......... (SEAL)}ep :Pec_ MARIAIi.MESA Sookie Williams personall o o:AeMY COMMISSION # CC 885640 y�• a: EXPIRES: March 4, 2004 Bonded Thru Notary Public Underwriters • CITY- OF MIAA�i, FLORIDA- O�IOTICE OF PROPOSED.6RDIMANCES -I All interested persons -will take notic,,tliat on the 13th of April; 2000 the City Commissionof Miami, =Florida adopted, the following titled ordinances:., ORDINANCE NO. 11908 AN EMERGENCYORDINANCE OF THE MIAMI CITY -COM -.1 N fi MISSIO•AMENDING CHAPTER 2/ARTICLE V OF THE CODE. OF THE CITY OF MIAMI, FLORIDA, AS.AMENDED, ENTITLED'* "ADMINISTRATION/CONFLICTS OF INTEREST", TO ALLOW (. EMPLOYEES,OF THE CITY OF MIAMI TO PARTICIPATE•IN - i THE VARIOUS AFFORDABLE HOUSING PROGRAMS AD, MINISTERED BY THE -CITY OF MIAMI THROUGH THE HOME i INVESTMENT PARTNERSHIP. PROGRAM AND -STATE HOUSING 1NITIATIVES'PARTNERSHIP._- PROGRAM', WITH,. _ ' OUT SEEKING .`A -.WAIVER THEREFOR, SUBJECT TO.SAID ` ! EMPLOYEE MEETING CERTAIN -._CRITERIA; CONTAINING A j .- REPEALER PROVISION AND A SEVERABILITY_ CLAUSE; PROVIDING FOR AN EFFECTIVE -DATE, ORDINANCE NO. 11909 AN EMERGENCY• ORDINANCE OF THE MIAMI CITY COM-. MISSION AMENDING SECTION, 5 OF ORDINANCE -'NO' 11705,.ADOPTED SEPTEMBER 28, 1998, AS AMENDED; RE- VISING'PREVIOUSLY APPROVED CAPITAL.IMPROVEMENT PROJECTS; AND ESTABLISHING NEW CAPITAL IMPROVE- - MENT•PROJECTSTO BEGIN DURING FY 2000; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. ORDINANCE NO, 11910- :tXN ORDINANCE OF THE MIAMI CITY COMMISSION ESTAB- JJ LISHING A SPECIAL - REVENUE FUND ENTITLED: 'CALI EN- . FORCEMENT GROUP INITIATIVE," BY ESTABLISHING INI- TIAL RESOURCESAND-APPROPRIATIONS, AND AUTHOR- IZING EXPENDITURES FOR'THEOPERATION OF SAME; IN A TOTAL AMOUNT OF 551,143, CONSISTING OF A GRANT FROM THE MONROE COUNTY SHERIFF'S OFFICE; ,AU- • • THORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AND TO EXECUTE` THE NECESSARY DOCUMENTS, 1N A FORM ACCEPTABLE`TO THE CITY ATTORNEY, FOR THIS PURPOSE; CONTAINING A REPEALER.PROVISION AND SEVERABILITY CLAUSE.. - •ORDINANCE NO. 11911 AN ORDINANCE OF THE MIAMI CITY, COMMISSION AMEND,- ING' ORDINANCE` N0. '11286, ADOPTED MAY 24TH,,,1995, r. WHICH, ESTABLISHED -INITIAL RESOURCES- AND INI APPROPRIATIONS"FOR,A-SPECIAL REVENUE FUND.E TLED"'TRAINING/ENTREPRENEURIAL FUND AUTHC ING THE AP,P,ROPRIATION-OF.AN ADDITIONAL $1,00 I FROM ,,'REVE UE_.PRODUCED_ . BY THE TRAIL ENTREPRENEURIAL ACTIVITY FURTHER AU,THORI THEPOLICE DEPARTMENTTO ACCEPT MONIES.FRON LICE TRAINING`ACTIVITIES TO BE DEPOSITED IN THE, CIAL REVENUE. FUND AN D•EXPEND THE MONIES FOR PRODUCTION ANDIDEVELOPMENT OF LAW,ENFOI MENTTRAINING SEMINARS, COURSES AND FOR REL/ EQUIPMENT, CONTAINING A REPEALER PROVISION.A SEVERABILITY CLAUSE. = ORDINANCE 'N0. 11912 RIZ �• 000, iFE- I THE ?CE TED_- JDA AN ORDINANCE OF-THE-MIAMLCITY COMMISSION ESTAB- LISHING A NEW SPECIAL REVENUE FUND ENTITLED: '.MIAMI-DADE- COUNTY' EMS GRANT- AWARD (FY -'99,-00), `AND APPROPRIATING FUNDS FOR THE.OPERATION OF SAME IN THE AMOUNT OF $116,857:10 CONSISTING OF A 1 GRANT APPORTIONED BY MIAMI-DADE COUNTY FROM THE STATE OF FLORIDA DEPARTMENT- OF HEALTH. "GRANT PROGRAM FOR COUNTIES"; AUTHORIZING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD AND TO EXECUTE THE NECESSARY DOCUMENT(S), IN A FORM AC- CEPTABLE TO THE CITY -ATTORNEY, FOR "THIS PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILP f TY CLAUSE. _ 1 ORDINANCE NO. 11913- j 'AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND- ING CHAPTER 38/ARTICLE 1, OF THE CODE OF THE CITY OF 4 MIAMI, FLORIDA; AS 'AMENDED,- ENTITLED "PARKS" AND j `RECREATION/IN GENERAL TO ESTABLISH A 'RENTAL ' 3 I RATE FOR'NON-PROFIT ORGANIZATIONS, SPONSORING FOUR OR MORE EVENTS DURING ONE -FISCAL YEAR AT } I' THE.MANUEL AIRTIME COMMUNITY -CENTER; MORE,PAR- j i; TICULARLY BY AMENDING SECTION 38=8 OF SAID.CODE; j CONTAINING A REPEALER PROVISION AND A SEVERABILI- TY CLAUSE_; AND PROVIDINGFOR AN'EFFECTIVE DATE. - ? ORDINANCE NO. 11914 AN ORDINANCE OF THE'MIAMI CITY. COMMISSION ESTAB- . LISHING A NEW SPECIAL- REVENUE- FUND ENTITLED'. 1 "FEMA/USAR GRANT AWARD (FY 2000)", AND APPROPRI- ATING FUNDS FOR THE OPERATION OF SAME IN THE } AMOUNT OF $150,000 CONSISTING OF A GRANT ALL•OCAT- ) EDBY THE FEDERAL EMERGENCY MANAGEMENT AGEN- CY,`FOR.THE PURCHASE OF EQUIPMENT, TRAINING, MAN-.-' 1 AGEMENT, AND ADMINISTRATION OF•THE'SOUTH FLORI- .._DA'URBAN SEARCH AND RESCUE -PROGRAM; AUTHORIZ- ING THE CITY MANAGER TO ACCEPT SAID GRANT AWARD P AND TO EXECUTE THE NECESSARY DOCUMENTS, IN -A FORM ACCEPTABLE TO THE CITY ATTORNEY,.FOR SAID PURPOSE; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE.. ORDINANCE N6.'11915 �AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND-. ' ING CHAPTER 2/ARTICLE XI/DIVISION 1'OF THE CODE OF i THE CITY OF.MIAMI, FLORIDA, AS AMENDED, ENTITLED +j .,ADMINISTRATION/BOARDS, COMMITTEES, " COMMIS- SIONS/GENERALLY,; TO: SET FORTH AND DELINEATE THE �I. SPECIFIC SERVICES PROVIDED BY THE OFFICE 'OF THE CITY CLERK TO INDIVIDUAL -BOARDS, COMMITTEES `AND COMMISSIONS- ("BOARDS"), PROVIDE FOR THE ASSIGN- MENT-TO SSIGNMENT TO THE SPECIFIC CATEGORIES FOR SAID'BOARDS I BY RESOLUTION OF THE CITY COMMISSION, REQUIRE THAT A PORTION' OF REVENUES GENERATED BY REVE- NUE, PRODUCING EVENUE:PRODUCING BOARDS BE DEDICATED TO THE -GEN- ERAL OPERATING BUDGET .OF THE OFFICE OF THE CITY j j CLERK TO DEFRAY OPERATIONAL EXPENSES'FOR-THE PROVISION OF ADMINISTRATIVE "SUPPORT TO -BOARDS,_ AND.PROVIDE A DEFINITION FOR "REVENUE-PRODUCING BOARDS"; MORE PARTICULARLY BY ADDING NEW 'SEC- '-I TIONS 2-861 THROUGH 2-862 TO SAID. CODE; ESTABLISH I ING A SPECIAL REVENUE FUND ENTITLED "OFFICE—OF THE (_ CITY CLERK/BOARDS AND COMMITTEES," ADMINISTRA= : ` •TIVE SUPPORT;" AND APPROPRIATING FUNDS,: IN THE j AMOUNT OF $75,000, TO FUND SAID OPERATING EXPENS- r 'j ES; -CONTAINING A REPEALER PROVISION AND A SEVERA-' 'BILITY CLAUSE 11 ORDINANCE N_� AN ORDINANCE AMENDING BRDINANCE 11000II AS 1 AMENDED; THE ZONING ORDINANCE.OF THE CITY OF MIA- j MI, -BY AMENDING ARTICLE 4, SECTION 401, AND ARTICLE' 9 -SECTION -937, IN ORDER TO ELIMINATE ADULT ENTER- TAINMENT. ESTABLISHMENTS FROM THE C-2 ZONING DIS- TRICT AAD TO -MODIFY DISTANCE SEPARATION REGl1LA- TI6NS-PERTAINING TO ADULT ENTERTAINMENT ESTAB- LISHMENTS CONTAINING A REPEALER PROVISION AND SEVERABILITY -CLAUSE; AND PROVIDING FOR AN EFFEC- TIVE DATE i ORDINANCE NO. 11917 • AN ORDINANCE OF THE MIAMI CITY COMMISSION AMEND. ING CHAPTER 4/ARTICLE I, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ALCOHOLIC BEVERAGES," TO ESTABLISH "ENTERTAINMENT SPECIAL: I TY DISTRICTS"•WITHIN THE DOWNTOWN AREA, AND TO { ESTABLISH•CRITERIA FOR APPLICATION WITHIN SAID DIS -4 TRICTS,'MORE PARTICULARLY BY AMENDING SECTIONS 4-2 AND 441;-CONTAININGAREPEALER PROVISION AND A SEVERABILITY; CLAUSE AND PROVIDING FOR AN EFFEC- TIVE DATE. Said proposedordinances'may be inspected by the public at the Officel oI^•the-City-Clerk„3500 Pan American Wive, Miami, Florida. Monday? through Friday; excluding holidays; between 'the, hours'of 8 a.m. and' 5 P.M. All interested persons may appear at the meeting and may be'heard' with respect to the proposed ordinances. Should any person desire to ap- peal any decision of. the:City;Commission o4ith respect to any'matter to'be! considered, at this -meeting,. that person shall ensure that, a verbatim, t record of:the"proceedings' is made including all testimony and evidence, (; upon which any appeal may be based. C�tX OF ' 4.1 •ZW „�,,,,,� WALTER 'J. FOEMAN o e CITY CLERK .. q�FCLFL�Q`V (#8254) - _4/1.9._ 00-440/45272M