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Home My WebLink AboutComposite Exhibit ACOMPOSITE EXHIBIT A City of Miami Legislation Ordinance City Hall 3500 Pan American Drive Miami, Florida 33133 www.miamigov.com File Number: Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, TO AMEND ARTICLE 1, SECTION 1.1., "DEFINITIONS OF BUILDING FUNCTION: USES"; AND BY AMENDING ARTICLE 6, SECTION 6.1, TABLE 13, ENTITLED "SUPPLEMENTAL REGULATIONS", TO REQUIRE THAT CERTAIN USES PERMITTED PURSUANT TO CHAPTER 550 OF THE FLORIDA STATUTES, INCLUDING PARI-MUTUEL USES, BE APPROVED PURSUANT TO AN EXCEPTION; PROVIDING FOR ZONING IN PROGRESS; CONTAINING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN THE CODE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE WHEREAS, over the past decade, the Florida legislature has liberalized regulation of gambling in Florida; and WHEREAS, as recently as the Florida legislature's 2018 session, multiple additional reforms were considered that would further liberalize the regulation of gambling and, in particular, pari-mutuel gambling in Florida; and WHEREAS, the City of Miami ("City") finds that gambling uses, without reasonable regulation, have the potential to generate adverse impacts on their surrounding community; and WHEREAS , the City, in promotion the health, safety, and welfare of the people of the City finds that the City Commission has a compelling interest in protecting its residents, from such adverse impacts; and WHEREAS, the City wishes to ensure that future gambling uses do not impair the ongoing process and collective efforts of many sectors of our community to revitalize Miami neighborhoods, and improve the quality of life in our community; and WHEREAS, the City wishes to ensure that future gambling uses properly comply with the letter and spirit of the City's Comprehensive Neighborhood Plan and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida ("Miami 21") including, but not limited to Miami 21's Guiding Principles and Article 4, Table 12; and File Number: WHEREAS, the City's Zoning Administrator has previously opined that gambling uses are considered "Entertainment Establishments" for Miami 21's purposes and the City Commission now wishes to memorialize that determination in Miami 21; and WHEREAS, given the significant potential for adverse impacts presented by gambling uses, the City Commission wishes to hereby put the public on notice that the rules regulating Entertainment Establishments are under review, subject to change, and that no rights to gambling uses within Entertainment Establishments will be vested during the review and enactment of this Ordinance; and WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB") recommended (see Exhibit "1"), on September , 2018 by a vote of to ( - ) to the City Commission. NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Article 1, Section 1.1 of Miami 21 is hereby amended as follows: {1} ARTICLE 1. DEFINITIONS 1.1 DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3) d. COMMERCIAL Entertainment Establishment: A place of business serving the amusement and recreational needs of the community. Such facilities may include, but are not limited to: cinemas, billiard parlors, teen clubs, dance halls, er video arcades, or any facility operated with a license regulated by Chapter 550 of the Florida Statutes. Uses note included: Entertainment Establishment, adult. * * * Section 3. Article 6, Section 6.1, Table 13 of Miami 21 is hereby amended as follows:1 Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicated omitted and unchanged materials. City of Miami Page 2 of 5 File Id: File Number: ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13 * T4 — GENERAL URBAN ZONE — OPEN Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. * * * T5 — URBAN CENTER ZONE — LIMITED Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. * * * T5 — URBAN CENTER ZONE — OPEN Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. T6 — URBAN CORE ZONE — LIMITED Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. * * * T6 — URBAN CORE ZONE — OPEN City of Miami Page 3 of 5 File Id: File Number: Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. D1 — WORK PLACE ZONE Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. * D2 — INDUSTRIAL ZONE Entertainment Establishment: Any Entertainment Establishment that includes gambling, including but not limited to pari-mutuel facilities regulated under Chapter 550 of the Florida Statutes: Allowed by Exception with City Commission approval by 4/5ths vote. Section 4. Notwithstanding the above, pari-mutuel facilities existing as of June 23, 1981 shall be considered legal conforming uses and structures. In accordance with Section 550.155(2) of the Florida Statutes, such pari-mutuel facilities shall also be exempt from the requirement of obtaining an Exception with City Commission approval when seeking City approval for any capital improvements to the existing pari-mutuel facility unless the City is able to show that the proposed improvement presents a justifiable and immediate hazard to the health and safety of City residents. Section 5. From and after July 26, 2018 through the Effective Date, this Ordinance and any prior versions thereof, has and will serve as notice to all persons that the laws regulating the approval and operation of Entertainment Establishments, including specifically gambling uses, may be amended, revised or terminated. Notice is also given that all persons proceed at their own risk and no vested rights of any type shall attach to any development approvals or development permits sought or obtained during the entirety of the adoption process. Section 6. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the City of Miami Page 4 of 5 File Id: File Number: remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 8. This Ordinance shall become effective immediately after final reading and adoption thereof.2 APPROVED AS TO FORM AND CORRECTNESS VICTORIA MENDEZ CITY ATTORNEY This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten 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 state herein, whichever is later. City of Miami Page 5 of 5 File Id: