05-04-04 Item 8Date: May 4, 2004
ITEM NO. fS
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, 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
BACKGROUND
In accordance with the advice of the City Attorney, an amendment to the Land
Development Code that would permit adult entertainment establishments as a permitted
use in certain zoning use districts has been prepared jointly by the 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
of this type of business on the community.
PLANNING BOARD ACTION
The Planning Board at its December 9, 2003 meeting approved a motion by a vote of 5
ayes and I 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 by the City Commission
LDC Amendment
Adult Entertainment
Page 2
RECOMMENDATION
It is recommended that the attached resolution setting the date (May 18, 2004) for the
first public hearing on the proposed adult entertainment ordinance on be approved
Attachments:
Resolution
MD /DOD /SAYS( 6`
E: \Comm Itemss\'2004 \5- 4- 04\LDC Amend Adult Enter CM Reportt.doc
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RESOLUTION NO.
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 South Miami Land Development Code currently does not provide
for the location of adult entertainment establishments in any of the existing zoning use districts;
WHEREAS, the City Commission is committed to protecting the general welfare of
the city and preserving constitutionally protected forms of expression; and
WHEREAS, the City Commission desires to promote the city's image as a safe,
pleasant and attractive place of residence for families with children, including, by preserving
and promoting the peace and quiet enjoyment of these areas for all persons ;and
WHEREAS, it is the desire of the City Commission to preserve and protect the safety
of children and teenagers by designating a specific zoning districts within the city where
adult entertainment will be permitted, and thereby, limit the proliferation of adult
entertainment uses in the vicinity of daycare centers, schools and parks, or in commercial
areas where there is significant patronage and presence of children and teenagers; and
WHEREAS, the city's planning department has prepared an amendment to the city's land
development code in order to provide definitions, permitted locations and other regulations
pertaining to adult entertainment uses; and
WHEREAS, a public hearing regarding the proposed amendment was held by the Planning
Board on December 9, 2003, at which public hearing the board received comments from the public
and the Planning Board voted to recommend approval of the proposed amendment to the City
Commission; and
WHEREAS, the Administration has revised certain sections of the draft ordinance
recommended by the Planning Board; and
WHEREAS, the City Commission desires to enact the most appropriate legislation which
provides regulations for adult entertainment establishments.
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF
THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. That a first reading public hearing on a proposed amendment to the Land
Development Code pertaining to adult entertainment establishments is hereby scheduled for the City
Commission meeting on May 18, 2004.
Section 2. The proposed amendment ordinance will contain the recommendations of the
Planning Board and The City Administration.
Section 3. This resolution shall be effective immediately upon adoption hereof.
PASSED AND ADOPTED this
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
, day of 2004
APPROVED:
MAYOR
Commission Vote:
Mayor Russell
Vice Mayor Palmer
Commissioner Sherar
Commissioner Birts- Cooper
Commissioner: Wiscombe
E: \Comm Items \2004 \5- 4- 04\Adult Enter Hearing Resolution.doc