Res. No. 076-04-11855RESOLUTION NO.76-04-11 855
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
SOUTH MIAMI,FLORIDA SETTING THE DATE OF TUESDAY,MAY 18,2004
IN THE SOUTH MIAMI CITY COMMISSION CHAMBER FOR A PUBLIC
HEARING ON AMENDING THE SOUTH MIAMI LAND DEVELOPMENT CODE
IN ORDER TO PROVIDE REGULATIONS APPLICABLE TO ADULT
ENTERTAINMENT ESTABLISHMENTS;PROVIDING AN EFFECTIVE DATE
WHEREAS,the City of SouthMiamiLand Development Code currently doesnot provide
forthelocation of adultentertainmentestablishmentsinany of the existing zoning usedistricts;
WHEREAS,the City Commission is committed to protecting thegeneral welfare of
the city andpreserving constitutionally protectedforms of expression;and
WHEREAS,the City Commission desirestopromotethe city's image asasafe,
pleasantandattractiveplace of residenceforfamilies with children,including,by preserving
andpromotingthepeaceandquiet enjoyment of these areas forallpersons;and
WHEREAS,itisthedesire of theCity Commission topreserveandprotectthe safety
of childrenandteenagers by designatingaspecificzoningdistricts within the city where
adultentertainmentwillbepermitted,andthereby,limittheproliferation of adult
entertainmentusesinthe vicinity of daycarecenters,schoolsandparks,orincommercial
areas wherethereissignificant patronage andpresence of childrenand teenagers;and
WHEREAS,the city's planningdepartmenthaspreparedan amendment tothe city's land
developmentcodeinordertoprovidedefinitions,permitted locationsandother regulations
pertaining toadult entertainment uses;and
WHEREAS,apublichearing regarding theproposed amendment washeld by thePlanning
Board onDecember9,2003,atwhichpublic hearing the board receivedcommentsfromthepublic
andthe Planning Board votedto recommend approval of the proposed amendmenttotheCity
Commission;and
WHEREAS,the Administration has revised certain sections of the draft ordinance
recommended by thePlanningBoard;and
WHEREAS,theCity Commission desirestoenactthe most appropriate legislationwhich
provides regulations for adult entertainment establishments.
Pg.2 of Res.No.76-04-11855
NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI,FLORIDA:
Section1.ThatafirstreadingpublichearingonaproposedamendmenttotheLand
Development Code pertaining to adult entertainment establishments is hereby scheduled fortheCity
CommissionmeetingonMay 18,2004.
Section 2.The proposed amendment ordinance will contain the recommendations of the
PlanningBoardandTheCityAdministration.
Section3.Thisresolutionshallbeeffectiveimmediatelyuponadoptionhereof.
PASSED AND ADOPTED this£th t day of MaY ,2004
ATTEST:
<^\*/
ITY CLERK
READ AND APPROVED AS TO FORM:
APPROVED:/*!
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wrfxoW /«
Commission Vote:4-0
Mayor Russell Yea
Vice Mayor Palmer Yea
Commissioner Sherar Yea
Commissioner Birts-Cooper Yea
Commissioner:Wiscombe not present
E:\CommItems\2004\5-4-04\AdultEnter Hearing Resolution.doc
South Miami
All-America City
\\\W
2001
CITY OF SOUTH MIAMI
To:Honorable Mayor,Vice Mayor &
CommissionMembers^v^—^,
From:Maria Davis /t/J/&UIS
Director of Planning"**"^
Date:May 4,2004
sITEMNO.
Re:LDC Amendment
Adult Entertainment
RESOLUTION
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF SOUTH MIAMI,FLORIDA SETTING THE DATE OF
TUESDAY,MAY 18,2004INTHESOUTH MIAMI CITY
COMMISSION CHAMBER FOR A PUBLIC HEARING ON AMENDING
THE SOUTH MIAMI LAND DEVELOPMENT CODEIN ORDER TO
PROVIDE REGULATIONS APPLICABLE TO ADULT
ENTERTAINMENT ESTABLISHMENTS;PROVIDING AN EFFECTIVE
DATE
BACKGROUND
In accordance withthe advice ofthe City Attorney,an amendment tothe Land
Development Code that would permit adult entertainment establishments as a permitted
use in certain zoning use districts has been prepared jointly bythe Planning Department
and the City Attorney's office.The draft ordinance also provides a series of definitions
and special standards to regulate specific locations and to reduce the secondary impacts
ofthistypeof business onthe community.
PLANNING BOARD ACTION
The Planning Board at its December 9,2003 meeting approved a motion by a vote of5
ayes and 1 nay,(Mr.Liddy)recommending adoption of the proposed ordinance dealing
with adult entertainment.
In the interim period the staff has done additional research on the proposed ordinance
prior to it being forwarded to the City Commission for public hearing,This has resulted
in adjustments to the ordinance related to distance requirements and to expand the
number of zoning districts which permit adult establishments.The revised legislation is
now ready for consideration bytheCity Commission
LDC Amendment
Adult Entertainment
Page 2
RECOMMENDATION
Itis recommended thattheattachedresolutionsettingthedate(May 18,2004)forthe
first public hearing onthe proposed adult entertainment ordinance onbe approved
Attachments:
Resolution
MD/DOD/SAYv^W £X&JjQ__.
E:\Comm Items\2004\5-4-04\LDC AmendAdultEnterCMReportt-doc