HomeMy WebLinkAboutM-93-0133Florida Mouse of Representatives
Sladlo Armesto-Garela
Representative, 117tb District
Reply ft
Gr Snits 2202
Na S.W. 8th Street
Miami, n s3185
(305) 44249M
FAX (305) 4424916
❑ 211 Huse office lading
Tallahassee, n 32awiaoo
(W4) 48"M
February 24,1993
The Mayor and Commissioners
of the City of Miami
Miami City Hall
35W Pan American Drive
Miami, FL 33133
Dear Mayor and Commissioners:
Committees
Insurance
Criminal Justice
Employee & Management Relations
Higher Education
1 am thankful to the Commission, and especially to
Commissioner J.L,. Plummer, for giving me the opportunity to serve
my fellow Miamians as a member of the City's Planning Advisory
Board for over 10 years, During this time, I have consistently
defended our community's best interests and our legitimate right to
secure our prosperity and wellbeing through intelligent land use
planning, common sense zoning, and diligent enforcement of our
Building and Zoning Code.
You have before you a proposal to amend a section of the Code
which excludes the sale of adult sexual materials and services from
C-1 zones. Today, I join other fellow Miamians concerned about the
quality of life in our City, in asking you to retain unchanged our
Zoning Code's restrictions with respect to the sale and/or rental of
adult sexual materials and services.
The people of Miami have the unalienable right to determine
how property within the limits of their city may or may not be used.
This right includes excluding the sale and/or rental of adult sexual
materials and services from Cr1 zones.
By permitting, albeit with restrictions, a use Miamians have
already decided they do not desire in C-1 zones, the amendment
makes a mockery of the right of the people of Miami to secure their
prosperity and wellbeing throuqULM
� FMiin�o°# epu�tly valid
zoning ordinance.
record in connLction, with
item -'Z`!.3 on !2 / 5. 9-F
ps w Ru-MW hp-
9 3 -p 133 Matty Hirai
City Clem
The Mayor and Commi ers of the City of Miami
February 24, 1993
Page 2
U
Furthermore, the amendment is a capitulation to the greedy and selfish interests of a
money -hungry few whose contempt for the will of the people of Miami is evident from
their willful violation of our zoning laws.
It has Bever been good public policy to amend laws in order to appease those who vio-
late them. It appears to many of us that violators of this ordinance should be prosecuted,
not given a loophole through which to continue their illegal activity. Do not be fooled
by those who would have us think that this Zoning Ordinance has to do with the First
Amendment to the Constitution. It does not. It has to do with our right to determine
what use may or may not be given to a property located in a certain zone.
The amendment now before the Commission is a loophole that will so diminish the
ordinance's enforcement feasibility that it will breed nothing but contempt for whatever
would be left of the Ordinance it amends. In practical terms, considering the enormous
demands currently made on our Code Enforcment officers, it is unrealistic to expect
them to visit businesses with a tape measure to determine compliance with the amend-
ment's completely irrelevant square feet of space requirements.
One thing, however, should be perfectly clear: approval of this amendment will, for
all practical purposes, doom Code Enforcement in the area of adult sexual materials. Do
not allow those who disregard the welfare of our children and hold in contempt the val-
ues of our community, to get their foot in the door. We already have many areas where
adult sexual materials and services can be freely sold or rented. There is no need or valid
reason to expand this activity to C-1 areas.
Zoning Code violators should be prosecuted, not appeased; our zoning ordinances
should be enforced, not sidetracked; our rights as Miamians should be upheld in the face
of those who would trample upon them. As a member of the Planning Advisory Board,
as a State Legislator, but moreover, as a citizen and taxpayer of the City of Miami, I
respectfully ask you, as our elected leaders, to uphold Ordinance 11000 as it presently
stands as well as ask you to continue to uphold zoning laws that reflect our community's
values.
Very truly yours,
,3ur
Eladio Armesto Garcia
Submitted into tl�-- publiL
rcc ;rd in corn, netic-n witln
item„)OZ` / 3 on",(attylHirai
City Clerk
93- 133
PLANNING FACT SHEET P Z
APPLICANT City of Miami Planning, Building and Zoning Departoent
REQUEST/LOCATION AmaenIWt to the text of Articles 4, 9 end 25 of Ordinance 11000, the zoning
Ordinance of the City of Miami
LEGAL DESCRIPTION N/A
PETITION Consideration of mending Ordinance 11000, as ftended, the Zoning Ordinance
of the City of Mimi, by amending Article 4 Zoning districts, C-1 Restricted
Commercial and Article 9 6reneral and Supplementary Regulations, Section 937
Adult Entertainment and Adult Services to provide an exception for the sale
or lease of limited adult entertainmeqt material, as defined, as a permitted
accessory use by a store in the C-1 district with restrictions on floor
space, signage, security measures and concealment from the view of the
general public and only by Class I1 Special Permit; and by amending Article
25 Definitions, Section 2502 „ to reference the exception and define limited
adult entertainment material.
PLAtNiING
RECWWATION
Approval.
AKALYSIS:
The Planning, building and Zoning Department recognizes that the City's
Zoning Ordinance attempts to uphold community standards by defining adult
entertainment and service establishments and confining them to C-2 and more
liberal districts, subject to district requirements; however, there are
numerous stores throughout the City of Miami which sell or lease only a small
portion of their merchandise which could be classified as "adult" magarines
or videos. This amwm went would: 1. provide an exception for a store in the
C-1 or more liberal districts to sell or lease limited adult entertainment
aterial (as defined) with the following restections and limitations: a) the
floor space shall be limited to 100 sq. ft. or 104 of the store's area, b)
the area must be properly identified, c) the area must be monitored for
security, and d) it must be completely concealed from the view of the general
public. It is also recommanded that the sale or lease of limited adult
entertainment material be allowed as an accessory use only by Class II
Special Permit; and 2. the ordinance will continue to define and restrict
adult entertainment or service establishments as it does today.
6ACKGROIl :
See attach".
PLAWIN6 ADVISORY At its meeting of February 10, 1993, the Planning Advisory Hoard
adopted Resolution PAB 7-93, by a vote of 5-2, recommaending approval
of the above.
APPUeATION kiiER 92- S4 Item 0 2
02/01/93 9 3 " 133 Page I
AACKGROUNDs
On April. 25, 1991, responding to neighbor's
complaints, the West Coast Video store at 3733 W.
F'lagler Street (and 3 other video stores on
Biscayne Boulevard) ware cited by zoning
inspectors for being "adult entertainment
establishment" because they rents "X" rated adult
videos. The case went to the Code Enforcement
Board and the owner agreed to stop the sale and
lease of the above mentioned material. Upon
requests by the applicant and his attorney (see
attached), the Zoning Administrator issued an
interpretation upholding the citation. An appeal
was filed, and the Zonings Board has continued this
item pending the outcome of a proposed text
amendment. .
A previous version of this proposed text amendment
came before the Planning Advisory Board on April
8, 1992, and was recommended for denial. It then
went before the City Commission on May 28, 1992;
at that time the Commission requested that the
item go back .to staff and the Law Department for
further revisions (see attached minutes and
motion).
93- 133
a af clffiia=
SERGIO RODRIGUEZ, AiC9 CESAR H. 0010 City mama et
li =
— r 8 1 1 ,—
October , 99 1=7
CERTIFIED MAIL
Stephen J. Helfman, Eaq.
Weiss Serata & Helfman, P.A. `
Attorneys at Law {=
2665 S. Bayshore Dr., Suite 204
Miami, FL 33133 -
Re: Rental of '"Adult" Videos by West Coast Hideo at
3733 W. Flagler St., ZI-91-•5
Dear Mr. Helfman:
This is in response to your request for an interpretation of your
letter 'dated September 19, 1991• �..
The question is, may a video rental store open to the
general public and located in a C-1 (Restricted
Commercial) zoning district, rent adult oriented videos
on a limited basis With no rental permitted to persons
under eighteen (18) years of age.
A -cording to the present City of Miami Zoning Ordinance 11000, as
amended, adult entertainment is first permitted in a C-2 (Liberal
Commercial) district as a conditional use, subject to limitations
and requirements of Section 937. This use is not permitted in a
C-1 district.
Article 25, Definitions of the zoning ordinance text defines
Adult entertainment or service establishment as follows:
"Adult entertainment or adult service establishment. -
An adult entertainment or adult service establishment
is one which sells, rents, leases, trades, barters,
operates on commission or fee, purveys, displays, or
--= offer only to or for adults products, goods of any
nature, images, reproductions, activities,
opportunities for experiences or encounters, moving or
still pictures, entertainment, and/or amusement
distinguished by purpose and emphasis on matters
—' depicting, describing, or relating by any means of
_ communication from one person to another to "specified
}, os sxual ' activities" or "specified anatomical areas" as
herein defined..." �`�- 13
Stephen J. Hel:man
October B, 1991
Page 2
The definition includes establishments which sell, rent or lease
only to or for adult products, goods of any nature, images,
reproductions, moving or still pictures. The intent is not to
define it as having its totality to be only for adults, but that
any portion of the establishments used to serve adults is
included.
Therefore, it is cry interpretation that the lease of
adult videos to any extent is not permitted in a C-t
(Restricted Commercial) distri.tt.
® This interpretation may be appealed to the Zoning Board by any
person aggrieved. Notice of appeal must be filed within, not
more than, fifteen (15) calendar days of the date interpretation
was rendered. Such notice of appeal, specifying the grounds
thereof, shall be filed with the Chief of the Hearing Boards
Division of the City of Miami, Planning, Building Zoning
Department.
Yours truly,
se A. Genuardi, P.E.
in Administrator
vnvi��
cc: Sergio Rodriguez, Director
Guillermo E. 01medillo, Deputy Director
G..Miriam Maer, Chief Assistant City Attorney
Joel Maxwell, Chief Assistant City Attorney
Uyoria Fox, Chief, Hearing Boards Division
,/rile
Mayor Suarez: Constitutional...
Commissioner Plummer: That does not expand.
Vice Mayor Alonso: .«. that will not allow any expansion...
Mr. Rodriguez: To the law department.
Commissioner Plummer: Correct.
Mr. Rodriguez: No expansion.
Vice Mayor Alonso: ..* this type...
Commissioner Plummer: And no kiddie rides.
Mayor Suarez: Call the roll on the emotion, please.
The following motion was introduced by Comissioner Plummer, who moved
its adoption:
MOTION NO. 92-361
A MOTION TO DEFER AGENDA {DER PZ-3 [PROPOSED FIRST
READING ORDINANCE SEEKING AMENDMENT OF ORDINANCE
11000, ART. 4, C-1, ART. 9 AND SECT. 937 (ADULT
ENTERTAINMENT AND ADULT SERVICES)a -- TO PROVIDE AN
EXCEPTION FOR THE SALE/LEASE OF ADULT ENTERTAINMENT
MATERIALS BY A STORE AS A PERMITTED ACCESSORY USE IN
C-1 DISTRICTS, ET CETERA; FURTHER INSTRUCTING THE CITY
ATTORNEY TO PREPARE AN ORDINANCE WHICH, WHILE
COMPLYING , WITH EXISTING LAN+, WOULD SEEK TO AVOID
OPENING THE DOOR TO OR OVEII-LIBERALIZING EXPANSION OF
SAID BUSINESSES.
Upon being seconded by CammmAissioner Dawkins, the Motion eras passed and
adopted by the following vote:
AYES: Commissioner Victor De Yurre
Commissioner Miller J. Dawkins
Commissioner J. L. Plummer, Jr.
Vice Mayor Miriam Alonso
Mayor Xavier L. Suarez
NOES: None.
ABSENT: None.
93- 13.3
152 May 28, 1992