HomeMy WebLinkAboutR-23-0099City of Miami
Resolution R-23-0099
Legislation
File Number: 13252
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 2/23/2023
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL
FILED BY CHRISTINE RUPP ON BEHALF OF DADE HERITAGE TRUST
("APPELLANT") AND AFFIRMING THE DECISION OF THE PLANNING,
ZONING, AND APPEALS BOARD ("PZAB") APPROVING AN EXCEPTION
PURSUANT TO ARTICLE 6, TABLE 13 AND ARTICLE 7, SECTION 7.1.2.6 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW THE
CONSTRUCTION OF A NEW BOAT RAMP WITH TWO (2) FIXED DOCKS AND
TWO (2) FLOATING DOCKS WITH GANGWAYS THAT WILL EXTEND 90
FEET INTO MARINE STADIUM BASIN AND ASSOCIATED WAIVER
PURSUANT TO SECTION 7.2.8(A) OF THE MIAMI 21 CODE AT REAL
PROPERTY DESIGNATED "CS" CIVIC SPACE TRANSECT ZONE LOCATED
AT APPROXIMATELY 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Miami's Department of Real Estate and Asset Management
("Applicant") applied to the City of Miami ("City") for an Exception to allow for the construction of
a new boat ramp and installation of two (2) fixed docks and two (2) floating docks with
gangways that will extend approximately ninety (90) feet into Marine Stadium Basin in Biscayne
Bay pursuant to Article 6, Table 13 of Ordinance No. 13114, the Zoning Code of the City of
Miami, Florida, as amended, ("Miami 21 Code") and Article 7, Section 7.1.2.6 of the Miami 21
Code for the property located at approximately 3501 Rickenbacker Causeway ("Property"); and
WHEREAS, the Applicant also applied to the City for a non -conforming site improvement
Waiver to modify the existing non -conforming parking lot to integrate a temporary trailer parking
area pursuant to Section 7.2.8(a) of the Miami 21 Code; and
WHEREAS, the Property is zoned "CS" Civic Zone Transect Zone; and
WHEREAS, the Property is located on the Rickenbacker Causeway on Virginia Key
Island; and
WHEREAS, the Property is located in close proximity to the City boundary; and
WHEREAS, the Applicant requested an Exception and associated Waiver for the two (2)
docks at approximately 5 to 8 feet in width that will extend approximately 90 feet into Marine
Stadium Basin and a modification to the parking area; and
WHEREAS, Article 6, Table 13 of the Miami 21 Code allows, by -right, docks and piers to
extend 35 feet into Biscayne Bay and 10 feet or 10% of waterway width, whichever is less, in
other water ways in a "CS" Transect Zone; and
City of Miami Page 1 of 4 File ID: 13252 (Revision: A) Printed On: 3/31/2023
File ID: 13252
Enactment Number: R-23-0099
WHEREAS, Article 6, Table 13 of the Miami 21 Code further requires an Exception for
property located within a "CS" Transect Zone to extend docks and piers beyond 35 feet into
Biscayne Bay (maximum of 600 feet) and beyond 10 feet or 10% of waterway width, whichever
is less, into other waterways;
WHEREAS, Miami -Dade County Code requires a water depth of four feet (Mean Low
Water), which is not obtained until 35 feet waterward from the seawall, to avoid and minimize
the impact to benthic resources, including submerged seagrasses; and
WHEREAS, the Property has a Future Land Use Map ("FLUM") Designation of Public
Parks and Recreation; and
WHEREAS, the Public Parks and Recreation designation is intended to conserve open
space and green spaces of a park while allowing access and uses that will not interfere with the
preservation of any significant environmental features; and
WHEREAS, the Public Parks and Recreation designation is intended for passive and
active recreational uses, including facilities supporting passive and active recreational and
cultural uses; and
WHEREAS, the Planning Department reviewed the application and found the requested
Exception consistent with the Miami 21 Code and the Miami Comprehensive Neighborhood
Plan ("MCNP"); and
WHEREAS, the Planning Department found the proposed Exception consistent with the
goals of the Miami 21 Code and MCNP goals PR-1 to PR-9; and
WHEREAS, the Planning Department found the proposed addition to be consistent with
applicable criteria of Article 7, Section 7.1.2.6 of the Miami 21 Code, including Article 4, Table
12; and
WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami
21 Code, recommended approval with conditions; and
WHEREAS, a community outreach meeting was held on November 2, 2022; and
WHEREAS, on December 6, 2022, the related Special Certificate of Appropriateness
was heard by the Historic and Environmental Preservation Board ("HEPB"), and the HEPB
deferred the item to January 10, 2023 with an unanimous 9-0 vote; and
WHEREAS, on December 21, 2022, the Planning, Zoning and Appeals Board ("PZAB")
adopted Resolution No. PZAB-R-22-072, which approved the Exception pursuant to the
applicable provisions of the Miami 21 Code contingent upon compliance with the following
conditions:
1. The Project shall be developed substantially in accordance with the plans approved
as part of the request for Exception No. PZ-21-11532, bearing the e-Plan approval
stamp.
2. Any modification to the approved plans as a result or consequence of Applicant's
compliance with other departments and/or agencies conditions and /or codes, will
require a new review for approval confirmation from the Planning Director.
City of Miami Page 2 of 4 File ID: 13252 (Revision: A) Printed on: 3/31/2023
File ID: 13252
Enactment Number: R-23-0099
3. The Applicant, owner, or successor shall comply with the requirements of all
applicable Departments/Agencies as part of the City of Miami building permitting
process.
4. Illumination and other lighting effects shall not create a nuisance to adjacent
properties.
5. Signage is not a part of this Exception application and shall be reviewed under a
separate permit application.
6. The Property shall be cleaned of all litter and debris after each event. Mitigation
efforts shall be made to prevent litter from entering into Miami South Channel.
7. The Applicant, owner, or successor shall comply with all applicable building codes,
land development regulations, ordinances and other laws and pay all applicable
fees due prior to the issuance of a building permit.
8. Signage is not part of this Exception and shall be reviewed under a separate permit
application pursuant to Article 10 of the Miami 21 Code.
9. The Applicant or successor shall comply with Chapter 17 of the City of Miami Code
of Ordinances and obtain a Tree Permit for any removal, pruning and/or mitigation
of existing trees.
10. The Applicant or successor shall comply with all applicable requirements of Chapter
24, Environmental Protection, of the Miami -Dade County Code.
11. The Applicant or successor shall comply with conditions set forth by the Historical
and Environmental Preservation Board as per Chapter 23 of the City of Miami Code
of Ordinances.
12. The project shall comply with Article 11 entitled "Art in Public Places (AIPP)" of the
Miami 21 Code, as amended. The Applicant or Successor is to provide proof of
compliance prior to the issuance of the Building Permit.
13. Pursuant to Article 7, Section 7.1.2.6(e), an Exception shall be valid for a period of
two (2) years during which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit. A one-time extension, for a period
not to exceed one (1) additional year, may be obtained under the approval of the
Planning Director.
14. Failure to comply with the conditions herein may result in the revocation of this
Exception pursuant to the provisions of the Miami 21 Code and be subject to any
fines and penalties pursuant to City Code.
WHEREAS, on January 3, 2023, Christine Rupp (on behalf of Dade Heritage Trust)
("Appellant") submitted an appeal, with no specific grounds provided, of PZAB Resolution No.
R-22-072 to the Office of Hearing Boards, of PZAB's decision; and
WHEREAS, on January 10, 2023, the related Special Certificate of Appropriateness was
heard by the HEPB, and the HEPB continued the item to March 7, 2023, with a unanimous 5-0
vote; and
WHEREAS, pursuant to Section 7.1.2.6.d. of the Miami 21 Code, an appeal of the
decision of PZAB to the City Commission shall be de novo applying the Exception criteria in the
Miami 21 Code; and
WHEREAS, based on the testimony and evidence presented, after due notice and an
opportunity to be heard has been afforded to all parties and members of the public, the City
Commission finds that there is competent substantial evidence in the record to affirm the
decision of the PZAB approving the Exception and associated Waiver, both as described herein,
City of Miami Page 3 of 4 File ID: 13252 (Revision: A) Printed on: 3/31/2023
File ID: 13252
Enactment Number: R-23-0099
for the Property; and
WHEREAS, for the reasons stated on the record during the public hearing, the City
Commission denies the appeal and affirms Resolution No. PZAB-R-22-072 as it pertains to this
appeal related to the Property;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The City Commission denies the appeal and affirms the decision of PZAB
Resolution No. PZAB-R-22-072. The Exception and associated Waiver are approved with
conditions as set forth herein.
Section 3. 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 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
1
i t6ria i ndez, Cify Attor iey 3/30/2023
' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 4 of 4 File ID: 13252 (Revision: A) Printed on: 3/31/2023