The URL can be used to link to this page

Home My WebLink AboutPZAB (4670) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-18-044 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 4670 Final Action Date: 9/5/2018 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION TO AMEND 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 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 4/5 VOTE; CONTAINING A SEVERABILITY CLAUSE;; 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 in Florida; and WHEREAS, Section 849.086(16) of the Florida Statutes requires local government approval by a majority vote prior to Iicensure by the state of any cardroom; and WHEREAS, the City of Miami ("City") Planning Department recommended approval of this Ordinance as gambling uses, without reasonable regulation, have the potential to generate adverse impacts on their surrounding community; The City, in promoting the health, safety, and welfare of the residents, has a compelling interest in protecting its residents from such adverse impacts; The City should 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; The City should 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 the City should clarify gambling uses in Miami 21; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") gave full consideration to the Planning Department and Director's recommendations; and WHERE the PZAB conducted a public hearing on the proposed text amendment to Miami 21; and=+ City of Miami Page 1 of 4 File ID: 4670 (Revision:) Printed On: 9/17/2018 WHEREAS, the PZAB considered whether the proposed amendment will further the goals, objectives, and policies of the Miami Comprehensive Neighborhood Plan, the Miami 21 Code, and other City regulations; and WHEREAS, the 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: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted and incorporated as if fully set forth in this Section. Section 2. It is recommended to the Miami City Commission to deny an amendment to Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21"), and not amend Article 1, Section 1.1 of Miami 21 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, of video arcades_ Uses specifically not included: Entertainment Establishment, aAdult and Gambling Facilities, or other facilities regulated by Chapters 550 and 551, and Section 849.086, of the 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 of the Florida Statutes, as each may be amended from time to time." Section 3. It is recommended to the Miami City Commission to deny an amendment to Miami 21 and not amend Article 6, Section 6.1, Table 13 of Miami 21 as follows:2 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 indicate omitted and unchanged material. 2 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 4 File ID: 4670 (Revision:) Printed On: 9/17/2018 "ARTICLE 6. SUPPLEMENTAL REGULATIONS TABLE 13 * ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) T6 - URBAN CORE ZONE ESTRICTED LIMITED O•EN DENSITY (UPA) 50 UNITS PER ACRE * 50 UNITS PER ACRE* 50 —1,000 UNITS PER ACRE* GAMBLING Gambling facilities are allowed by Exception with City Commission approval by 4/5ths vote. The 4/5ths vote required by this section may not be reduced or waived by Special FACILITIES Area Plan. * ARTICLE 6. TABLE 13 SUPPLEMENTAL REGULATIONS (CONTINUED) D - DISTRICT 1 — WORK PLACE 02 - INDUSTRIAL DENSITY L (UPA) 36 UNITES PER ACRE /A GAMBLING Gambling facilities are allowed by Exception with City Commission approval by 4/5ths vote. The 4/5ths vote required by this section may FACILITIES not be reduced or waived by Special City of Miami Page 3 of 4 File ID: 4670 (Revision:) Printed On: 9/17/2018 Area Plan. *„ Section 4. 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. If any section, part of a section, paragraph, clause, phrase or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 6. This Resolution shall become effective immediately upon its adoption. rancisc. . - cia, Director epartment of Planning STATE OF FLORIDA ) COUNTY OF MIAMI-DADE ) GY1V' r n �'1€ Execution te Personally appeared before me, the undersigned authority, —(A)i)5 , Clerk of the Planning, Zoning and Appeals Board of the City of Miami, Florida, and acknowledges that s/he executed the foregoing Resolution. SWORN AND SUBSCRIBED BEFORE ME THIS1l DAY OF 5ep—r , 201 ( rl'rI, 7 - &.jr-iv-et Print Notary Name Personally know or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Notary Public State of Florida My Commission Expires: 404 BEA Comm��n#GG 53775 '�"/ Expires November 20 2021 w` bolo Vim TroyFain 800486.7019 City of Miami Page 4 of 4 File ID: 4670 (Revision:) Printed On: 9/17/2018