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Home My WebLink AboutMemo from City AttorneyCITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: The Honorable Mayor and Membr�rskof t ity Commission FROM: Victoria Mendez, City Attorn DATE: September 19, 2018 RE: September 27, 2018 City Commission Meeting Agenda PZ. 34-Gambling Facilities Ordinance File No, 4722 The printed agenda for the above referenced item inadvertently contained the legislation as presented on first reading. The correct legislation which includes the requested revisions for second reading is attached. cc: Emilio Gonzalez, City Manager Iviiriam Arcia, Agenda Coordinator Attachment(s) :041562 4722 Memo from City Attorney City of Miami Legislation Ordinance: City Hall 3500 Pan American Drive Miami. FL 33133 www.miamigov.com File Number: 4722 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 ("MJAMI 21 CODE"), BY AMENDING ARTICLE 1, SECTION 1.1., TITLED "DEFINITIONS OF BUILDING FUNCTION: USES" AND BY AMENDING ARTICLE 6, SECTION 6,1, TABLE 13, TITLED "SUPPLEMENTAL REGULATIONS", TO PROVIDE FOR A DEFINITION OF GAMBLING FACILITIES AND TO REQUIRE THAT GAMBLING USES, INCLUDING BUT NOT LIMITED TO PARI-MUTUEL GAMBLING, CARD ROOMS, AND SLOT MACHINE USES, BE APPROVED PURSUANT TO AN EXCEPTION WITH CITY COMMISSION APPROVAL BY A FOUR -FIFTHS (4/5THS) AFFIRMATIVE VOTE; PROVIDING FOR ZONING IN PROGRESS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. SPONSORS): Vice Chair Ken Russell, Commissioner Wifredo Gort WHEREAS, over the past decade, the State of Florida ("State') has liberalized regulation of gambling in Florida; and WHEREAS, as recently as the last legislative session, multiple additional reforms were considered that would further liberalize the regulation of gambling in the State; and WHEREAS, Section 849.086(16), Florida Statutes, requires local government approval by a majority vote prior to licensure by the State of any cardroom; and WHEREAS, the City of Miami ("City") finds that gambling uses, without reasonable regulations, have the potential to generate adverse impacts on the surrounding community; and WHEREAS, the City, in promoting the health, safety, and welfare of the residents 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 gambling uses properly comply with the letter and spirit of the City's Comprehensive Neighborhood Plan ("MCNP") and Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); and WHEREAS, the City's Zoning Department has issued zoning verification letters gambling uses may be considered "Entertainment Establishments" for Miami 21 Code's form based purposes and the City Commission wishes to enact land development regulations to clarify such uses; and WHEREAS, given the significant potential for adverse impacts presented by gambling that 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 City of Miami Page 1 of 5 File ID: 4722 (Revision: a) Printed On: 9/19/2018 File ID: 4722 Enactment Number: WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") at its meeting on September 5, 2018, following an advertised public hearing, adopted Resolution No. PZAB-R-18- 044 by a vote of five to two (5 - 2), Item No. PZAB. 7, recommending denial of this ordinance; and WHEREAS, the City Commission has conducted a public hearing on the proposed ordinance; and WHEREAS, the City Commission has considered whether the proposed amendment will further the goals, objectives, and policies of the MCNP, the Miami 21 Code, and other City regulations; and WHEREAS, the City Commission has considered the need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MfAM1, 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. The Miami 21 Code is further amended by amending Article 1, Section 1.1 in the following particulars: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, of video arcades_ Uses specifically not included: Entertainment Establishment, eAdult and Gambling Facilities or other facilities regulated by Chapters 550 and 551, and Section 849.086, Florida Statutes. as each may be amended from time to time. Gambling Facilities: Any facility that offers gambling 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." 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 indicate omitted and unchanged material. City of Miami Page 2 of 5 File ID: 4722 (Revision: B) Printed ort: 9/19/2018 File ID: 4722 Enactment Number: Section 3. The Miami 21 Code is further amended by amending Article 6, Section 6.1, Table 13 in the following particulars:' "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13 ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED1 T6 - URBAN CORE ZONE ESTRICTED • LIMITED O-EN DENSITY (UPA) 150 UNITS PER ACRE* 150 UNITS PER ACRE* 150.1,000 UNITS PER ACRE' GAMBLING Gambling facilities are allowed by Exception with City Commission approval by 415ths vote. The 415ths vote required by this section may not be reduced or waived by Special FACILITIES Area Plan. x ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUEDI D - DISTRICT 1— WORK PLACE 1i - INDUSTRIAL 3- WATERFRONT INDUSTRIAL DENSITY (UPA) 35 UNITES PER ACRE NIA NIA GAMBLING arnblin facilities are allowed by FACILITIES tion with City Commission City of Miami Page 3 of 5 File ID: 4722 (Revision: 8) Printed an: 9/19/2018 File ID: 4722 approval by 4/5ths vote. The 4/5ths vote required by this section may not be reduced or waived by Special Area Plan. Enactment Humber: *,1 Section 4. Notwithstanding the above, pari-mutuel facilities existing as of June 23, 1981 shall be considered legal nonconforming uses and legal nonconforming structures. In accordance with Section 550.155(2), 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 the City's residents. Section 5. From and after September 13, 2018, through the effective date of the 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 a section, paragraph, clause, phrase, or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. It is the intention of the City Commission that the provisions of this Ordinance shall become and be made a part of the Zoning Ordinance of the City of Miami, Florida, 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 8. This Ordinance shall become effective immediately upon its adoption.2 2 This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten CIO) 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 herein, whichever is later. City of Miami Page 4 of 5 File ID: 4722 (Revision: 8) Printed on: 9/19/2018 File ID: 4722 Enactment Number: APPROVED AS TO FORM AND CORRECTNESS: dez, ity ttor ey 9/19/2018 City of Miami Page 5 of 5 File ID: 4722 (Revision: B) Printed on: 9/19/2018