HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: 14314
Title: AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "Cl," CIVIC INSTITUTIONAL
TRANSECT ZONE, TO "CS," CIVIC SPACE TRANSECT ZONE, FOR
THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY
LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 980 MacArthur Causeway
APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami
PURPOSE: This will change the zoning atlas of the western portion of the property from "Cl" to
"CS".
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PLANNING, ZONING AND APPEALS BOARD: On September 4, 2024, the motion to
recommend approval failed, by a vote of 2-5.
City of Miami File ID: 16435 (Revision: A) Printed On: 10/21/2024
City of Miami
Legislation
Ordinance
Enactment Number:14314
City Hall
3500 Pan Ameican Drive
Miami, FL 33133
www.miamigov.com
File Number: 16435 Final Action Date: 9/26/2024
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH
ATTACHMENT(S), AMENDING THE ZONING ATLAS OF ORDINANCE
NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI,
FLORIDA, AS AMENDED ("MIAMI 21 CODE"), BY CHANGING THE
ZONING CLASSIFICATION FROM "Cl," CIVIC INSTITUTIONAL
TRANSECT ZONE, TO "CS," CIVIC SPACE TRANSECT ZONE, FOR THE
SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY
LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND
INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the southwestern portion of the property located at 980 MacArthur
Causeway, Miami, Florida, as more particularly described in the attached and incorporated
Exhibit "A," ("Property") is zoned "Cl," Civic Institutional Transect Zone; and
WHEREAS, the City of Miami ("Applicant" or "City") submitted a request to change the
zoning classification from "Cl," Civic Institutional Transect Zone, to "CS," Civic Space Transect
Zone, for the Property; and
WHEREAS, the Property is approximately 231,368 square feet (5.31 acres) and is
located along the southwestern portion of Watson Island (Tract D) directly across the channel
from the Port of Miami and Dodge Island; and
WHEREAS, the Future Land Use Map ("FLUM") of the Miami Comprehensive
Neighborhood Plan ("MCNP") designates the Property as Major Institutional, Public Facilities,
Transportation and Utilities; and
WHEREAS, the Property is owned by the City and developed as Miami Seaplane Base;
and
WHEREAS, Chalks Airline, Inc. ("Chalks") established an airline in 1919, and at some
time in the past began to operate on a vacant parcel of land on Watson Island based on an
arrangement for the property with the State of Florida, owner of the property at the time, which
was continued with the City when such parcel of land and those additional lands described in
Deed No. 19947 were deeded to the City on February 24, 1949, and subsequently subleased to
Chalks by Miami Sports and Exhibition Authority ("MSEA"), an independent and autonomous
agency and instrumentality of the City of Miami, Florida, pursuant to and as amended by the
Settlements of March 6, 2002 and July 29, 2014 ("Lease"); and
City of Miami File ID: 16435 (Revision: A) Printed On: 10/21/2024
WHEREAS, there is an existing Lease for a term of thirty (30) years with an effective
date of July 29, 2014, with Chalks Airline, Inc., d/b/a Chalks and Nautilus Enterprises, LLC, to
develop and operate a seaplane base within the 5.31 acres of Tract D; and
WHEREAS, on January 28, 2016, the Miami City Commission adopted Ordinance No.
13589, approving a change of zoning for the Property, specifically the southwestern portion of
Tract D of Watson Island from "CS," Civic Space Transect Zone, to "Cl," Civic Institutional
Transect Zone; and
WHEREAS, on September 11, 2018, Chalks filed a state court action against MSEA and
the City ("2018 Action") in the Circuit Court of the 11th Judicial Circuit in and for Miami -Dade
County, Florida, styled Chalks Airline, Inc. v. Miami Sports and Exhibition Authority, et al., Case
No. 2018-030887-CA-01, alleging, among other things, that MSEA was in breach of contract of
its obligations under the Lease; and
WHEREAS, on October 25, 2018, the Miami City Commission adopted Ordinance No.
13801 abolishing MSEA; and
WHEREAS, on June 19, 2019, the Planning, Zoning and Appeals Board ("PZAB"),
pursuant to Resolution No. PZAB-R-19-026, approved with conditions two (2) Exceptions, an
associated Warrant, and an associated Waiver pursuant to Ordinance No. 13114, the Zoning
Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), all to allow the
expansion, modernization, master planning, and operation of an existing Major Air Transit
Facility on a parcel zoned "Cl," Civic Institutional Transect Zone; and
WHEREAS, Chalks and the City desired to settle and resolve the 2018 Action; and
WHEREAS, on April 11, 2024, the City Commission adopted Resolution No. R-24-0143
approving the settlement agreement with Chalks, authorizing the City Manager to execute any
and all necessary documents to effectuate said settlement; further authorizing the City Manager
to accept Chalks' execution of a general release of their claims and demands, and a dismissal
of their claims against the City of Miami with prejudice, upon the City of Miami's completion of
certain specific terms, in a form acceptable to the City Attorney; authorizing the City Manager to
amend the capital plan to appropriate, allocate, re -appropriate or re -allocate funds for the
completion of capital improvements as may be specified in said agreement at the time of need;
and
WHEREAS, pursuant to the Settlement Agreement, the City will apply for a zoning
change from "Cl," Civic Institution Transect Zone, to "T6-12-0," Urban Core Transect Zone —
Open, to expressly allow hotel use on the Property on an expedited basis; and
WHEREAS, the City shall undertake whatever process is required by City Code to allow
for the zoning change; and
WHEREAS, the proposed "CS," Civic Space Transect Zone, classification is the first
step toward rezoning the Property to T6-12-0 pursuant to the Settlement Agreement, while
maintaining compliance with the Section 7.1.2.8(a)(3) of the Miami 21 Code, regarding
successional zoning; and
WHEREAS, the Planning Department recommends approval of change in the zoning
classification from "Cl," Civic Institutional Transect Zone, to "CS," Civic Space Transect Zone,
for the Property; and
WHEREAS, the Planning, Zoning and Appeals Board, at its meeting on September 4,
2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24-059,
City of Miami File ID: 16435 (Revision: A) Printed On: 10/21/2024
recommending denial of the zoning change as a motion to recommend approval of the failed, by
a vote of two to five (2-5), Item No. PZAB 6; and
WHEREAS, consideration has been given to the goals, objectives, and policies of the
MCNP, the Miami 21 Code, and all other City regulations; and
WHEREAS, this requested change in zoning classification is consistent with the City's
MCNP goals, objectives, and policies, making the request consistent with the rezoning criteria of
Section 7.1.2.8(f)(1)(a) of the Miami 21 Code; and
WHEREAS, the application is consistent with Section 7.1.2.8(f)(1)(b) of the Miami 21
Code; and
WHEREAS, the proposed zoning change is deemed appropriate for the Property in light
of the intent of the Miami 21 Code; and
WHEREAS, consideration has been given to the need and justification for the proposed
change, including changing and changed conditions that make the passage of the propose
change necessary; and
WHEREAS, the proposed change maintains the goals of the Miami 21 Code to preserve
neighborhoods and provide transitions in intensity and building height;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Zoning Atlas of the Miami 21 Code is hereby amended by changing the
zoning classification from "Cl," Civic Institutional Transect Zone, to "CS," Civic Space Transect
Zone, for the southwestern portion the property generally located at 980 MacArthur Causeway,
Miami, Florida, as described in "Exhibit A," attached and incorporated.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 4. This Ordinance shall become effective immediately upon adoption hereof.'
APPROVED AS TO FORM AND CORRECTNESS:
rge Wyy ng III, C y ttor -y 9/17/2024
1 This Ordinance shall become effective as specified herein 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
herein. whichever is later.
City of Miami File ID: 16435 (Revision: A) Printed On: 10/21/2024