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Home My WebLink AboutPZAB (9229) ResolutionCity of Miami PZAB Resolution Enactment Number: PZAB-R-21-029 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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) City of Miami Page 1 of 4 File ID: 9229 (Revision: A) Printed On: 7/23/2021 d. COMMERCIAL Gambling Facilities: Any facility that offers gambling including, but not limited to, ach may be amcndcd from time to 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 RESTRICTED LIMITED OPEN GAMBLING FACILITIES Gambling Facilities are allowed by Exception with City Commission approval by /1/5th.c; vote. The /1/5ths votc required by this section may not be reduced or waived by Spccial Arta Plan. TABLE 13 D — DISTRICT City of Miami Page 2 of 4 File ID: 9229 (Revision: A) Printed On: 7/23/2021 D1 — WORKPLACE D2 — INDUSTRIAL D3 — WATERFRONT INDUSTRIAL GAMBLING Gambling Facilitics arc FACILITIES allowcd by Exception City Commi€ion with approval by 'I/5ths vote. The'45ths „ote regu grog by this section may not be reduced or by waived Special Area Plan. 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 purpose of this section, the summer jai alai fronton, cardroom and sports wagering contemplated in that certain Settlement Agreement dated March , 2021, in West Radler 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 City of Miami Page 3 of 4 File ID: 9229 (Revision: A) Printed On: 7/23/2021 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: CCsar-QetS-1:ilAl ector,e ei ment aiPlancing 7I22F2021 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. City of Miami Page 4 of 4 File ID: 9229 (Revision: A) Printed On: 7/23/2021