HomeMy WebLinkAboutPZAB (9229) ResolutionCity of Miami City Hall
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PZAB Resolution Miami, FL 33133
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Enactment Number: PZAB-R-21-029
File ID: 9229
Final Action Date: 7/21/2021
A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD
RECOMMENDING APPROVAL TO THE MIAMI CITY COMMISSION OF AN
ORDINANCE AMENDING ORDINANCE NO. 13114, ("MIAMI 21 CODE"), AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, BY
AMENDING ARTICLE 1, TITLED "DEFINITIONS," AND ARTICLE 6, TITLED
"SUPPLEMENTAL REGULATIONS," TO PROHIBIT GAMBLING FACILITIES;
CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, on October 22, 2009, the City Commission adopted Ordinance No. 13114
("Miami 21 Code"), as amended, the Zoning Ordinance of the City of Miami; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has conducted a public
hearing on the proposed text amendment; and
WHEREAS, PZAB has considered whether the proposed amendment will further the
goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan ("MCNP"), the
Miami 21 Code, and other applicable City regulations; and
WHEREAS, PZAB has considered the need and justification for the proposed change,
including changed or changing conditions that make the passage of the proposed change
necessary;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND APPEALS
BOARD OF THE CITY OF MIAMI, FLORIDA, AS FOLLOWS:
Section 1. The recitals and finding contained in the Preamble to this Resolution are
hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section.
Section 2. It is recommended to the Miami City Commission that Ordinance No. 13114
("Miami 21 Code"), as amended, the Zoning Ordinance of the City of Miami, Florida, as
amended, be amended by amending Article 1 in the following particulars:
"ARTICLE 1. DEFINITIONS
1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)
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d. COMMERCIAL
Gambling Facilities: or,Y fa Gilit„ that effe Fs gamhliRg ORG161 Jir,rr hi,t not limited to
eaGh may be arnopc--Je ! fre.m. time t„ time Any facility that offers gambling, pari-mutuel,
or other wagering activities and uses including, but not limited to, facilities regulated by
Chapters 550 and 551, and Section 849.086, Florida Statutes, as each may be amended
from time to time. A facility is not a "gambling facility" if the only gambling, pari-mutuel, or
other wagering activities and uses it offers are online sports wagering, lotteries
administered by the State of Florida pursuant to F.S. ch. 24, or charity bingo games
pursuant to Section 849.0931 of the Florida Statutes.
Section 3. It is recommended to the Miami City Commission that Ordinance No. 13114
("Miami 21 Code"), as amended, the Zoning Ordinance of the City of Miami, Florida, as
amended, be amended by amending Article 6 in the following particulars:
"ARTICLE 6. SUPPLEMENTAL REGULATIONS
6.1 INTENT AND EXCLUSIONS
TABLE 13
T6 — URBAN CORE ZONE
TABLE 13
D — DISTRICT
RESTRICTED I LIMITED I OPEN
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D1 —WORKPLACE
D2 — INDUSTRIAL
D3 — WATERFRONT
INDUSTRIAL
r nnA Ql Inll�
Q
T n vII .ITI E
GamhliRg Canili+ies .pro
alll,wed by EXGe 1tiGR
with Gity Gemmissipp
The G)te rorviiirorl
by thiG GeGtiGR may RGt
bee read-1-1rVead- 9F by
waived
special Area Dl4n
6.6 GAMBLING FACILITIES
6.6.1 Definitions
1. Gambling Facility: Any facility that offers gambling, pari-mutuel, or other
wagering activities and uses including, but not limited to, facilities regulated by
Chapters 550 and 551, and Section 849.086, Florida Statutes, as each may be
amended from time to time. A facility is not a "gambling facility" if the only gambling,
pari-mutuel, or other wagering activities and uses it offers are online sports wagering,
lotteries administered by the State of Florida pursuant to F.S. ch. 24, or charity bingo
games pursuant to Section 849.0931 of the Florida Statutes.
6.6.2. Prohibition on Gambling Facilities
1. Gambling Facilities are prohibited in all transects except that "casino gambling' as
defined in Article X, Section 30(b) of the Florida Constitution may be authorized by a
60% vote in accordance with Article XI, Section 5(e) of the Constitution.
6.6.3 Legal Nonconforming Facilities.
1. Existing Gambling Facilities may continue to operate as legal nonconforming uses
pursuant to Article 7, Section 7.2.6.
2. For the Duraose of this section. the summer iai alai fronton. cardroom and worts
wagering contemplated in that certain Settlement Agreement dated March , 2021, in
West Flagler Associates, Ltd., vs. City of Miami, Case No. 19-21670-CIV-
SCOLA/TORRES in the United States District Court for the Southern District of Florida
will be considered a legal nonconforming facility.
6.6.4 Amendments
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1. Amendments to this Section 6.5 shall require a four -fifths (4/5ths) vote of the
Commission_
Section 4. If any section, part or a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 5. It is the intention of the City Commission that the provisions of this Ordinance
shall become and be made a part of the Miami 21 Code, which provisions may be renumbered
or relettered and that the word "Ordinance" may be changed to "Section," "Article," or other
appropriate word to accomplish such intention.
Section 6. This Ordinance shall become effective 30 days after final reading and
adoption thereof.'
Reviewed and Approved:
Mwo ow
-Pons AlP, Director, De�aftrnent of -Planning 7/22/2021
1 This Ordinance shall become effective as specified unless vetoed by the Mayor within ten (10) days
from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective
immediately upon override of the veto by the City Commission or upon the effective date stated.
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