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Home My WebLink AboutPZAB (12384) Resolution° City of Miami City Hall 3500 Pan American Drive PZAB Resolution Miami, FL33133 r www.miamigov.com Enactment Number: PZAB-R-22-072 File ID: 12384 Final Action Date: 12/21/2022 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD ("PZAB"), WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 7, SECTION 7.1.2.6 OF ORDINANCE NO. 13114 ("MIAMI 21 CODE"), AS AMENDED, TO ALLOW THE CONSTRUCTION OF A NEW BOAT RAMP WITH TWO FIXED DOCKS AND TWO FLOATING DOCKS WITH GANGWAYS THAT WILL EXTEND 90 FEET INTO MARINE STADIUM BASIN AT A REAL PROPERTY DESIGNATED "CS" CIVIC SPACE TRANSECT ZONE GENERALLY LOCATED AT 3501 RICKENBACKER CAUSEWAY, MIAMI, FLORIDA, MORE PARTICULARITY DESCRIBED IN EXHIBIT "A"; 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 (the "Applicant") has applied to the City of Miami for an Exception to allow for the construction of a new boat ramp and installation of two (2) fixed docks, two (2) floating docks with gangways pursuant to Article 7, Section 7.2.6(e) of Ordinance No. 13114, ("Miami 21 Code"), as amended; and WHEREAS, the property located at 3501 Rickenbacker Causeway (the "Property"), as more particularly described in Exhibit "A", is zoned "CS" Civic Zone Transect Zone; and WHEREAS, the City of Miami's Department of Real Estate and Asset Management (the "Applicant") requests an Exception and associated Waiver to allow the demolition of an existing boat ramp for the construction of two docks at five-foot length, 116-square foot boat dock that will extend 90 feet into Marine Stadium Basin; and WHEREAS, Article 6, Table 13 of the Miami 21 Code, the Zoning Ordinance of the City of Miami, Florida requires approval of an Exception to extend dock more than 10 feet or 10% of the width into waterways for a property located within a "CS" Transect Zone; and 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, a community outreach meeting was held on November 2nd 2022; 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 of Miami Boundary; and City of Miami Page 1 of 4 File ID: 12384 (Revision:) Printed On: 1212812022 WHEREAS, the Property has a Future Land Use Map 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 which 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 proposed Exception is consistent with the goals of Miami 21 and the Miami Comprehensive Neighborhood Plan ("MCNP") goals PR-1 to PR-9; and WHEREAS, the Planning Department finds the proposed addition is consistent with applicable Criteria of Article 7, Sections 7.1.2.6 and 7.2 of the Miami 21 Code, including Article 4, Table 12; and WHEREAS, the Planning Department has reviewed the application and finds the requested Exception is consistent with the goals of Miami 21 and the Miami Comprehensive Neighborhood Plan ("MCNP"); and WHEREAS, the Planning Department, pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, as amended, recommends approval with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB") has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, the PZAB finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; 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, there is competent substantial evidence in the record to approve, with conditions, the requested Exception; 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 by reference and incorporated as if fully set forth in this Section. Section 2. The PZAB hereby approves the Exception pursuant to Article 7, Section 7.1.2.6 of the Miami 21 Code, subject to 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. City of Miami Page 2 of 4 File ID: 12384 (Revision:) Printed On: 1212812022 2. Any modification to the approved plans as results 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. 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. 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. 6. 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. 7. 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. 8. The Applicant or successor shall comply with all applicable requirements of Chapter 24, Environmental Protection, of the Miami -Dade County Code. 9. If applicable, 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. 10. If applicable, 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. 11. 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. 12. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code 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 be effective immediately upon its adoption. THIS DECISION IS FINAL UNLESS APPEALED IN HEARING BOARDS WITHIN FIFTEEN (15) DAYS. Reviewed and Approved: City of Miami Page 3 of 4 File ID: 12384 (Revision:) Printed On: 1212812022 4,6v,-U,,L W- Laki�sha Hull AICP LEED AP BD+C City of Miami Page 4 of 4 File ID: 12384 (Revision:) Printed On: 1212812022 250 500 1,000 Feet Exhibit A: Zoning Map/Miami 21 Atlas ePlan PZ No. PZ-21-11532 1 3501 and 3511 Rickenbacker Causeway