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Home My WebLink AboutO-0840810• 11 ORDINANCE NO: -__. 6_ -- AN ORDINANCE AMENDING ORDINANCE Noa 6871, THE COMPREHENSIVE CONING ORDINANCE OP THE CITY OP MIAMIe ARTICLE )II LOCAL COMMERCIAL) C 1 DISTRICT, SECTION if EY DELETING SUE. - PARAGRAPH (2) IN ITS ENTIRETY AND SUBSTITUTING IN LIEU THEREOF A NEW 808..PARAGRAP i (2) , (PROVIDING THAT ONLY ,B0 1 STORES OPEN TO TH8 GENERAL PUBLIC.ARE PERMITTED IN SAID DISTRICT) REP8ALING ALL'ORDINANC;S, CODE SECTIONS OR PARTS THEREOF IN CONFLICT INSOFAR AS THEY ARE IN CONFLIC`r'3 AND CON- TAINING A SEVERABILITY PROVISION. Wi#EREAS, the Miami Planning Advisory Board at its 12 meeting of April 2, 1975, Item No. 3 (a), following an 13 advertised hearing, adopted Resolution No. PAB 33-75 by a 14 7 to 0 vote recommending anamendment to Ordinance No. 6871, 15 Article XII as hereinafter set forth; and 16 WHEREAS, the Commission deems it advisable and in 17 the best interest of the City of Miami and its inhabitants to 18 amend said Ordinance as hereinafterset forth; 19 NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION 20 OF THE CITY OF MIAMI, FLORIDA: 21 Section 1. Ordinance No. 6871, Article XII - 22 Local Commercial, C-1 District, Section l be and the same is 23 hereby amended by deleting sub -paragraph (2) in its entirety 24 25 26 27 28 29 30 31 32 33 34 and substituting in lieu thereof a new sub -paragraph (2) to read as follows: (2) The following kinds of retail stores: Bookstores open to the. General Public Stationery; Confectionery or Ice Cream Drugs; Newsstand or Sundry; Florists; Fruit or Vegetables; Gifts; Grocery; Hardware; Hobby; Home Appliance; Jewelry; Liquor Package; Meat Market or Delicatessen;, Music; Film Exchange and Photographic Supplies; Shoe; Clothing; China and Crockery; Variety; Antique; Carpets; Rug and Floor Covering, 35 36 6 8 g 10 11 12 13 14 15 16 17 18 19 20 21 22 23, 24 25' 26 27 28 29 30 31 32 33 34 35. 3 Section 2= A1% ordinances, cod6 seetift§f''o pattethereof h conf1idt hereWith, insofar.as they are in.. conflidt, are hereby repealed. Section 3. Should ahy past oZ' prbVisiah 'of this ordinance be declared by a court of competent to be ihVaiidi the same shall not affect the validity of the .ordinance as a whole. .PASSED oN FIRST READING BY TITLE ONLY 'this day of , MAY , 19/5. PASSED,AND.ADOPTED ON SECOND AID`FINAL READING 'BY: 1975. TITLE ONLY this 5 -day ofJUNSJ MAURICE A. FERRE 7 H. D. SOUTHERN CITY CLERK PREPARED AND APPROVED BY: MICHEL E. ANDERSON Assistant City Attorney APPROVEDAS TO FOR AND LEGALITY: COHN S. LLOYD, ity. Attorney. MIAMI REVIEW ANbi bAI Y RECot3b l'ubti�hed baily P*eot Sdturddy, Suhddy dnd Legal lloltddy� Andittt1 Pad County. k'lattda S?M E 6F FLORIbA cbUNfiY OF DADI:: Before the .undersigned authority per§onatty AO. ioared Math Drobnie, who on oath says that She' s. the V.P.1 Legal Ads 'of the Miami Review and Dolly Record, a daily (except Saturday, Sunday, and Legal Holidays). newspaper published at• Mlaml In Dade County Florida: that the attached copy of adver- tisement, being a Legal Advertisement or Notice in the matter of IN RV t 4 t2b INANC E S nos . 8408 1\N D 9409 r etc... In the was published in said newspaper In the issues June 16t 1975 XXX • Court, of Affiant further says that the said Miami Review and Daily Record is a newspaper published at Miami, In said Dada County, . Florida; and that the said news- paper has heretofore been continuously published In. said 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 Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement:.- and affient further says that she has neither paid nor promised any person. firm or corporation any di rebate. commission or refund for the pur r? 6 this advertisement for publication t set (- �mer/a r• •er `` /.' orn to and subscribed before me this 16th 17unfY i' -Al'!) 19 7 5 l/ , ....... Glsttet N ry mum ',State 9j•fiorlda at Large. (SEAL) My commission expires May 16, 1977. kit% OP SHAM, i)AiIF: t't)l'N'iji.Uttilik I 6IAi, �ofitt�ii Alt interested will take notice thnt oh the 3th .,(k. of. June. 1975 the CRY• Cumnttsch:rh of . Sheriff., Florida adopted the tol+ lowing titled ordinance: ORDINANCE NO.8408 AN ORDINANCE AMEND-; IA: ORDINANCE NO. 6571. T Ii I: COMPREHENSIVE ZONING ORDINANCE " OF THE CITY OF JII.\Mi: ARTICLE" -X/I " LOCAL COMMERCIAL,' C-t DIS- TRtCT. SECTION BY DELETING St'BPARA- . GRAPH (2) IN ITS EN- TIRETY AND SUBSTITCT- ING IEU TIT ERECF A NE\t`IN iSUB-PARAGRAPH (2). (PROVIDING THAT ONO,' BOOK STORES OPEN TO THE GENERAL PUBLIC ARE PERMITTED -. IN SAID' DISTRICT): RE. ' PEALING .ALL ORDI NANCEs. CODE SECTIONS OR PARTg THEREOF' IN CONFLICT INSOFAR \S THEY ARE IN CONFLICT: . AND CONTAINING':\' SEV- ERABILITY PROVISION., • ORDINANCE NO. 54)9 AN EMERGENCY.' 'ORDI- NANCE AMIENDING AP- PROPRIATIONS 0 R D t- NANCE NO. 8136 ADOPTED OCTOBER 10, 1974 TO PRO- VIDE FOR THE ADDI- TIONAL APPROPRIATION OF" $39,474.00 FROM THE ORANGE BOWL FUND BALANCE TO COVER THE COST OF,THE ORANGE BOWL - WATER MAIN IM• PROVEMENTS 1975 AS FOLLOW S: CONTRACT COST - $35.245.00: PROJECT, COST $3.024 50.' INCIDEN- TAL- EXPENSES INCLUD ING ADVERTISING, TEST-. ING AND REPRODUCTION SERVICES - ' $704.30: RE- ' .PEALI_NG ALL ORDI NANCES IN ' CONFLICT . IIEREWITII: " PROVIDING 5EVERABILITY:. , A N D PROVIDING ''AN "EFFEC•' .TIVE DATE. 1T. D. SOUTHERN CITY CLERK " CITY OF SIIAMT. . FLORIDA . 5/10Putlicatinn of this notice on the lath day of June,.1973 60566 MIAMI littVIEW ANb bAML% kteot b lda&lk l bdiiy except Sdturatayr Saftddy End trial iiolidayt Mie tit4 bade Coutay, Plead StArt e OF f LORIbA cbUNtY cw bAbE: Before the uitdersighed eut erity pbtsbfauy sp- eared Martha . brobnie. who bn oath says that the IS the V.P., Legal Ada Of the Miami Review end Dally Record, a daily (except Saturday. Sunday and Legal .Holidays) newspaper published at Miami In Dade County Florida: that the attached copy Of adver- tisement, being a Legal Advertisement or Notice In the Matter of Clm .:.OF t zk+i,....:ionr..nA IN RE: o DINANC :S NM 8.41.D TligOnGH........8.!115, In the XXX Court, was published In said newspaper In the Issues of �Ttln .17t 1975 Affiant further says that the said Warn) Review and Daily Record is a newspaper published at Miami, in said Dade County, Florida, and that the said news• paper has heretofore been continuously published In . said bade County. Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered es second class mail matter at the post office In Miami, In said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement: and Orient further. says that she has neither pald nor promised any person. fine or corporation any discount, rebate, commission or refund for the purpos-secuLiinn thls advertisement for publication In said newspaper. -lla Abe % . ./. ,. ,,:.A,`.... t�':... ,,`�'"r,1. r. ,l 1 Swbrn``to and subscribed before me this 17 th de of , June ,r, A.O. 19 7 5 ')c ...4., 4.c...cc., ? r f� J + (ft. th (hatter/' t' etary P�Ot-t tete of Florida at Large, (SEAL) ; My commission expires a IS, 1977. "AL, Li6fritch Ali, 14444 Ift i>t =;tteite ; C1r'pt -bf the 1201, day_ of June, - Minnitt}1eFlotIetti nddtottt►de the %la to*hIht ttt'ted br`di1aheWf- ORDINANCE lib. $aid .AN Ottbk'ARct Aiii!s i= 1 (1 CIIAtri'1;R o9, OF THE CITY cobF, Ei Tt 'I.ED "TRAVEL $Ifht:',Atrs", :tit bELVIT4d ..sf;CrtON 5 I� I3'S_, es4rtiatty";ksi) . PROVIDING' Atli.- EE'F'EC' TICS BATE. ORbt A.\`CE NO: 54111' - ENIERGts'gc% OItbti7= ANCti AMENDING SI:N CTtO 39.'`ntf) it) OF TILE CODE OF' TINE ' dirt -Olt' ;6MIAMI.<. TO PROVtDF - THAT'• ,rt E IiititM1J t CHARGE OP. 31,000.00 OPT' 10%:_OF THE : GROSS... tEt°EIPTS SHALL . COMMENCE . AT _ Y , THE START THE E 19 it PRO= SON: REPEALINd ALL • ORbIS'AMCES' IN . CON. FURTHLICT EREREWITILPROV DING AN EFFECTIVE DATE.; Ottbtt3A'A`CE btO, 8412 AN EMERGENCY ORbt= NA_+�CE EX'Tt'DIIv'G OItD2= NA1 CE .NO. $212 -.'THE: DR, MARTIN' LLiTnTER ; AtNG 80ULEvARD ' ` , IA'1 ERI':it ZONING. DISTRICT FOR 'A ,PERIOD _ OF SIX MONTHSFROM ITS • PRESENT - EX. PIRATION DATE: REPEAL. 1NG ALL ORDINANCES 2N CONFLICT: AND CONTtAIN. ING • A SEVERABII.ITY PROVIS1O . , OP )NANTE NO: !41i AN ORDLNANCE ESTAB- (LIBTiIN'G • A.N ADVISORY COMMITTEE ON ' SUB- STANCE CE ABUSE:• PROVID• 1NG FOR COMPOSITION, TERM- OF OFFICE. PUR- POSE AND RESPONSIBILI• TY. CONDUCT,:OF., MEET. 9NG5. ,REPORT , AND RE. ' OO:►TA!F'.•DAT10NSr, CHAITt•: PERSON.' AND SECRETARY. REPEALING ALL ORD2•' NANCE:,S. CODE . SECTIONS:. ' OR PARTS , TITEREOF IN CONFLICT INSOFAR' -- A.S. THEY ARE IN, CONFLICT: - CONTAINING A: SEVEI1AEI- LITY ,PROVISION: . ORDINANCE N0. Ef1.1 AN EMERGENCY,- : ORDI-- NANCE. -AMENDING ' AP- . PROPITIATIONS ' ORDI- NANCE NO. • S316 ADOPTED . OCTOBER 10, 1974 TO P110 VIDE FOR' THE ' ADDI- TIONAL APPROPRIATION OF S6.611 FROM THE MARINE 'STADIUM FUND BALANCE. TO COVER- TIIE , . - COST OF THE. --MARINE STADIUM — BARGE COV- ER — 1975 AS FOLLOWS: • CONTRACT COST,,,—,$4,159: PROJECT COST .$2,01S.90: INCIDENTAL EXPENSES,..: INCLUDING ' - ADVERTIS- ING, TESTING 'AND ' RE PRODUCTION SERVICES $103.10:-. REPEALING ALL ORDINANCES IN CONFLICT IIEl1E�VITII; PROVIDING FEVERABILITY: AND PRO- VIDING .• AN: EFFECTIVE • DATE ORDINANCE NO;$115 AN EMERGENCY ORDI. NANCE AMENDING ORDI- - NANCE NO, 5316,..TTTF AP • - -PROPITIATIONS- : ORDT- - NANCE FOR TINE - 1974.75 BUDGET, BY APPROPRIA- TING $4.401 FROM TUE MARINE . STADIUM FUND BALANCE FOR THE REN-, TAL OF A CANOPY 'AT TITS CITY. OF MIAMI *MARINE STADIUM: REPEALING LUTIO RI. - OR , PARTS tIEREOF IN CONFI''ICT II ERE%VITA. . A: $OUT13EIi-'� CITY .CLERK CITY -OF MIAMI • 1'u0000d of this nattce on tha lath day of ,Tune;, 1975• .6/17 11I 00650 i,lcAI, Ali interested vial. take notice that on the 5th clay of June, 1915 the City Commission of r•Iiatnii ttorida adopted the foliowitig titled ot+dioaitces t 'ORDINANCE' z.:( 0403 AN 'ORS; NZ»NCE nENDYG 0RD1.WC8 ;o. G871, . COMnEHE?.1SIVE 20E4ING ORDINACE0= THE CI'_Y'.O,I' MIAMI,' AATICLL .•:II - LOCAL :COMMERCIAL, DISTRICT iti ' ON 1 `t3y ")EbETLZSUB-. . P \R_\\LT, (2) AN ITS E;iiT7ATY AND SU3_TTTpTING U THEREOF it v:_•:' SUB7PA;'AGR"PI-i ' (2) , ;`i . LI.� V t ..� , THAT 1 T ONLY •POCK STO''.ES OPE;i•3 TO THE GEZ::ER AL PUIILIC- .tiR .:)ERITIT 1'ED IN S ID, D:ISTRIC:r) ; Ri � .'i ALING ALL ',ORDINANCES, CODE SECTIONS OR PARTS THEREOF IN CO`;F LICT, INSOF R AS TI ' ARE .IN 'CONFLICT; AND CON TAINI.NG . \ SEcfERABILITY I?^OVTSION. ORDINANCE NO. 8409 AN E:AERGF,NCYORDINANCE , AMENDING APPROPRIA- TIONS ORDINANCE NO. 8316 ADOPTED OCtT'OBER 10, 1.974 TO PROVIDE FOR THE ADDITIONAL APPROPRIATION OZ' $ 39 , 474.00 FROM THE ORANGE HOWL FUND BALANCE TO COVER TFIE COST OF TFIE ORANGE BOWL - WATER !LAIN IMPROVEMENTS - 1975 AS FOLLOWS: CONTRACT COST - $35,245.00; PROJECT $ 3,, 024.:3,INCIDE ITAL EXPENSES INCLUDING ADVER- TISING, TESTING AND REPRODUCTION SERVICES - $704.50; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING SEVERABILITi'; AND. PROVID- ING AN EFFECTIVE DATE. I.D. SOUTHERN CITY CLERK CITY OF MLAMI, FLORIDA COST 4 I Honorable City Commission Attentfon u Mr. P. W. Andrews City of Miami, Florida Gentlemen: April g, 197S re; ORDINANCE AMENDMENT RECOMMENDED* Amendment to Ordinance 6871, ARTICLE XII, Section 1 (2); and ARTICLE 11, Section 2 (1a) Initiated by Planning Department The Miami Planning Advisory Board, at its meeting of April 2, 1975, Item #3 (a) and (b), following an advertised Hearing, adopted Resolution No, PAB 33-75 by a 7 to 0 vote Recommending an amendment to Ordinance 6871, ARTICLE XII Local Commercial, C-1 District, Section 1, by deleting sub -paragraph (2) in its entirety and sub- stituting in lieu thereof a new paragraph as follows: (2) The following kinds of retail stores: Bookstores open to the General Public; Stationery; Confectionery or Ice Cream; Drugs; Newsstand or Sundry; Florists; Fruit or Vegetables; Gifts; Grocery; Hardware, Hobby; Home Appliance; Jewelry; Liquor Package; Meat Market or Deli- catessen; Music; Film Exchange and Photographic Supplies; Shoe; Clothing; China and Crockery; Variety; Antique; Carpets; Rug and Floor Covering. And further, an Amendment to Ordinance 6871, ARTICLE II (Definitions) Section 2, by adding a new paragraph (la) as follows: (Page 1 of 2) aas 479oP 1 i V (la) Adult Bookstorooktbr prohibiting the admission of minors. An OMAHA= to provide for thesd Ordinance Amendments have been prepared by the City Attorney's office and submitted for consider- ation of the City Commission. incerelyt -tuft David Simpson rit ireetor Department of Administration Planning and Zoning Boards em Attached: Minutes cc: Law Department Planning Department Tentative City Commission date: May 8, 1975. (Page 2 of 2) (14 Contaderation of an amenam nt to APT= XII LOCAL CONMEACIAL, C•1 DISTRICT, of Ordinance A671 to exclude "Adult ?3oekstesres" Consideration of an amendment to k PICLS II ourtuTtots, of Ordinance 8871, tee include "Adult Snakatores" Secrete filed roof of Secretary p publieation of Legal Notice of Bearing and administered oath to all persons testifying at this Nearing. Mr. Schwartz: This Item grew out of the Little River Study also and this had to do with Adult Bookstores. The amendment to the Ordinance would exclude adult bookstores from C-'1 classification`- Local Commercial which in turn would exclude from all areas within the City, for a short time, The City is presently revising the C-3 zoning for downtown. This will be an allowable use within a C-3 and higher intensity ercial areas. So in essence, this change will in the future not allow adult bookstores in the C-1 and C-2 areas like Little River. Mrs. Rockefeller: Thank you Mr. Schwartz. is there anyone wishing to speak for or against this item? Being none, we will close the Public Hearing and go into discussion. Is there any discussion from Board Members? Mrs. Alexander? Mrs. Alexander: Is a motion in order? Mr. Dannenberg: I'd like to ask a question. I'm a.little confused about an Item like this and no one is coming up to speak on it, for or against. It seems to me this is something that should generate some comments from the audience. I'm wondering if the people here understand what we're talking about? There might be some confusion of having two Items (a) and (b) on the Agenda. Mrs. Rockefeller: Mr. Dannenberg, there is C-1 in Little River but I don't think anybody in Little River would object to not having adult bookstores. Is that right? Audience: Yes! Mr. Dannenberg: That's what I wanted to hear because nobody said anything and I was wondering why. Mr. Neal: I would like to make a coMment. Mr. Borja: Is it for or against? Mr. Neal: It's a point of the intent of the Ordinance if it came out of the Little River study. My name is James Neal. Address: 326 N. E. 80th Terrace. I would like.to make a point that if, as the gentleman stated, the idea of this Ordinance came from the study of the Little River area to attempt to eliminate adult bookstores in the C-1 and C-2 area, it occurs to me they're leaving a large C-4 area in Little River which would just mean. that all of the adult bookstores could just then move around the corner and be put in the C-4 area. I wonder whether any consideration was given to that point? Mrs. Rockefeller: We're only talking about C-a. now. Mr. Neal: But the point was that by eliminating from C-1 and C-2, eventually in a short time, they'd be allowed in C-3 and then consequently also C-4 which would autotsatically allow adult bookstores to move around the corner into C-4, and I would just like to knew if -24- April g, 1975 Item 3(a)) PAD the Planning people had g ven that any enn WWeration? Thank youi Mr. Schwartz! Ves, we have. The problem is, you have to allow them in certain areas of the City, you are going to run Into a lot of constitutional 4uestione. Unfortwtetely, , there is at area in Little River, the eastern portion, that will remain hopefully, C4 after tonight. This really affects other areas'in the City Where they night occur also but it will not allow any more in the C-2 area where they all are concentrated now in Little River, Mrs, Rockefeller* le there a motion? Mrs. Pernandes t lees. I move to recommend to the City Commission approval of en amendment to Article XII - Local Commercitl C-1 District, of Ordinance e871, to exclude ".adult fookstoiss« and consequently revise Section 1 (2) as followet (2) The following kinds of retail storest bookstores open to the general publict stationery, confectionary et cetera. Mr. eorjat Would you also include the (b) Item. Mrs. Fernandez* I included only letter (a). We have always voted first. Mr. Borja: Why don't you move on (a) and (b) and save time? Mre. Fernandez: We have always divided (a) first and (b) after. If Mme. Chairman wants me to include the second part. I include also to accept and recommend the amendment to Article II - DEFINITIONS, of Ordinance 6871, to include "Adult Bookstores" consequently to amend Section 2 as follows: (la) Adult Bookstores - Bookstores prohibiting the admission of minors. Mr. Borja: I second. Mrs. Rockefeller: We have a motion on the floor by Mrs. Fernandez seconded by Mr. Borja. Would you call the roll please? (CONTINUED ON NEXT PAGE) hpril 2, 1975 Item 3 (a) & P B (b) moved 14res Fernandes offered the following reiolutt n and to edopttonu RESOLUTION RECOMMEND/NO AN AMENDMENT TO ORDINANCE E871, ARTICLE XII - LOCAL COMMERCIAL* C-1 DISTRICT, SECTION li RAC DELETING SUB- PARAGRAPH (2) IN ITS ENTIRETY AND SUSSTITUTINO IN LIEU PMER OP A NEW PARAGRAPH AS FOLLOWS* (2) THE FOLLOWING KINDS OP RETAIL STORES BOOKSTORES OPEN TO THE GENERAL PUBLIC; STATIONERY; CONFECTIONERY OR ICE CREAM; DRUGS; NEWSSTAND OR SUNDRY; FLORISTS; FRUIT OR VEGETABLES; GIFTS; GROCERY; HARDWARE; HOBBY; MOM APPLIANCE; JEWELRY; LIQUOR PACKAGE; MEAT MARKET OR DELICATESSEN; MUSIC; FILM EXCHANGE AND PW TOGRAPi1IC SUPPLIES; SIV E; CLOTH/NO; CHINA AND CROCKERY; VARIETY; ANTIQUE; CARPETS; RUG AND FLOOR. COVERING. AND FURTHER AN AMENDMENT TO ORDINANCE 6871, ARTICLE II (DEFINITIONS) SECTION 2 BY ADDING A NEW PARAGRAPH (la) AS FOLLOWS: (la) *ADULT BOOKSTORES - BOOKSTORES PROHIBITING THE ADMISSION OF MINORS. Upon being seconded by Mr. Borja, this resolution was passed and adopted by the following vote: AYES: MMes. Alexander, Fernandez, Lichtenstein, Rockafellar Messrs. Borja, Dannenberg, Smith NAYES: Mane Mr. Acton: Resolution passes 7 - 0. -26- April 2, 1975 Items 3 (a) & PAB 3 (b)