HomeMy WebLinkAboutSubmittal-Francisco Garcia-Staff MemorandumCITY OF MIAMI, FLORIDA
Submitted into the public
record for item(s) PZ.34
on 09/27/2018 City Clerk
INTER -OFFICE MEMORANDUM
TO: Emilio T. Gonzalez, Ph.D.
City Manager
FROM,;/F'rancisco J. Garcia, Director
Planning Department
DATE: September 26, 2018
SUBJECT: Staff Memorandum - Re Ordinance
Amending Ordinance No. 13114
REFERENCES: Agenda File ID #4722
ENCLOSURES:
Introduction
The City of Miami Commission recently directed the Administration to prepare an ordinance establishing
regulations for the siting of gambling facilities within the City. The purpose of this Memorandum is to explain the
ordinance we have prepared (the "Ordinance") and to provide support for its enactment.
Background: Gambling in Florida
With few exceptions, Florida law prohibits gambling. In fact, in Florida it is a felony to directly or indirectly
operate a "gambling house" or to be employed in a gambling house, and it is a second-degree misdemeanor to
gamble whether on a "game of chance" or on "any trial or contest of skill."
The Florida Legislature has created certain limited exceptions to the prohibition of gambling which include
pari-mutuel betting on horse racing, dog racing and jai -alai, cardrooms when operated in connection with such
pari-mutuel facilities, and slot machines permitted in certain pari-mutuel facilities in Miami -Dade and Broward
Counties.
While there are hosts of State regulations regarding the operation and licensure of allowable gambling
facilities, notably, such laws and regulations do not establish any zoning or other local police power controls over
the activities. The proposed Ordinance is intended to provide such local regulations in anticipation of the possible
establishment of theses uses within the City.
Need to Adopt Criteria for Approval of Gambling Uses
Because of the general statewide prohibition on gambling, local governments, including the City of Miami,
have historically not regulated gambling activities; however, the statutory and regulatory framework for gambling
has created uses and combinations of uses which are very unique and pose a dilemma for the City (and other local
governments) regarding the appropriate manner in which to classify and evaluate the permissibility, compatibility
and appropriateness of these uses that are not recognized under the existing zoning codes. The absence of local
regulation has, and will continue to leave, these State approved gambling activities open to uncertainties for City
administrators, City residents and not least the operators of the gambling facilities. The Ordinance is intended to
address this dilemma and to provide clarity on where and how these uses may be established within the City.
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Submitted into the public
record for item(s) P2.34
on 09/27/2018 City Clerk
Proposed SitinE Criteria and Process
The Ordinance 1) defines gambling and gambling facilities: 2) establishes where within the City gambling
is permitted: and 3) establishes an approval process for the siting of gambling facilities.
1. Definition. The Ordinance defines gambling by reference to and the incorporation of the State
definition. The definition expressly includes pari-mutuel betting. This eliminates the need for special
interpretation(s) or determination(s) of the City's existing zoning ordinance by City Administrators.
2. Location. The Ordinance permits gambling only in the T6-O and DI Zones. Permitting gambling
in these transect zones is consistent with Miami 21's guiding principles, and the City's approach to the regulation
of somewhat similar uses in terms of intensity and use. The T6-O and DI Zones allow some of the most intensive
uses allowed under Miami 21. Additionally, Miami's existing gambling facilities are currently zoned either T6-O
or D 1. The Ordinance ensures the uninterrupted continued use of these facilities consistent with their grandfathered
status.
The T6-O Transect Zone, which Miami 21 describes as "consist[ing] of the highest Density and greatest
variety of Uses including Civic Buildings of regional importance," is particularly appropriate designation for
gambling uses.
3. Approval Process. Because the State's statutory and regulatory framework creates unique and
unusual uses. the impact of which are unknown. the Ordinance establishes a process of review that is intended to
address potential impacts. This process is the "Exception" process.
The Ordinance allows the gambling activities within the T6-O and DI districts after approval by the City
Commission as an "Exception." This Exception process is well established under the City's existing regulations.
and allows for a careful review of the use(s) in context of the surrounding area as well as allowing for input at
public hearing(s) before the City's Planning. Zoning and Appeals Board (PZAB) and the Commission. The
established Exception process has specific criteria to evaluate impacts.
Finally. the Ordinance places a supermajority four -fifths vote by the Commission as the required approval.
Miami 21 and the City Code require supermajority approval in a variety of contexts. In fact, Miami 21 Section
7.1.1.4(d)(4) makes a supermajority vote the exclusive means by which the PZAB may approve Exceptions.
Furthermore, at least 25 sections of the City Code also require four -fifths approval by the City Commission. These
include sections relating to the selection and removal of certain officials, procurement matters. conflicts of interest,
and emergency procurement.
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Submitted into the public
IMO record for item(s) PZ.34
on 09/27/2018 City Clerk
Conclusion
The proposed Ordinance advances Miami 21's goals, provides sufficient criteria for the evaluation of
future proposed gambling facilities, and balances the City's compelling interest in protecting its neighborhoods
with the interests of private property owners.
App
Emilio . Gonzalez, Ph.D.,
cc:
Joseph F. Napoli, Deputy i • anager
Nzeribe Ihekwaba, Ph.D., P.E., Assistant City Manager
Sandra Bridgeman, Assistant City Manager/Chief Financial Officer
Victoria Mendez, Esq., City Attorney
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