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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