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Home My WebLink AboutAnalysis and MapsCity of Miami Planning Department ANALYSIS FOR REZONE Staff Analysis Report No. PZ-24-18325 Location 980 MacArthur Causeway Folio Number 0132310610040 Miami 21 Transect "Cl", Civic Institutional Transect Zone MCNP Designation Major Institutional, Public Facilities, Transportation and Utilities Commission District District 2 - Commissioner Damian Pardo Commissioner District Office Downtown - Brickell Planner Richard Cody Brown, Planner II (rbrown@miamigov.com) Property Owner City of Miami Project Representative Arthur Noriega V., City Manager A. REQUEST Pursuant to Article 7, Section 7.1.2.8 of Ordinance 13114 ("Miami 21"), as amended, Arthur Noriega, V, on behalf of the City of Miami (the "Applicant") requests change the zoning classification from "Cl" Civic Institutional Transect Zone to "CS" Civic Space Transect Zone for the southwestern portion ("Tract D" or "the portion") of the property generally located at 980 MacArthur Causeway, Miami, Florida ("the Property"). Concurrently, the Applicant is requesting a change to the Future Land Use designation from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" (ePlan File ID# PZ-24-18325). B. RECOMMENDATION Pursuant to Article 7, Section 7.1.2.8 of Miami 21, as amended, the Planning Department recommends Approval of the request to rezone from based upon the facts and findings in this staff report. Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 1 09/02/2022 Figure 1: Existing Zoning Map C. PROJECT DATA Figure 2: Proposed Zoning Map SURROUNDING USES Miami 21 MCNP / Density Existing Use North CS 0 DU/AC Parking Lot, and MacArthur Causeway. East CS 0 DU/AC Community Facility (Miami Children's Museum) South Biscayne Bay West Biscayne Bay RELATED APPROVALS Date Action 9/2/2015 PZAB-R-15-054 - Change of zoning from "CS" to "Cl". 9/2/2015 PZAB-R-15-053 - Comprehensive Plan Amendment from "Public Parks and Recreation" to "Major Institutional, Public Facilities, Transportation and Utilities" 1/28/2016 Ordinance No. 13589 - Commission approved rezone. Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 2 09/02/2022 6/19/2019 PZAB-R-19-026 - Exception, Warrant, and associated Waivers for "Major Air Transit Facility". 4/11/2024 R-24-0143 - Settlement Agreement D. BACKGROUND The Property has been home to the Miami Seaplane Base since 1919, which was recognized as an existing public airport by the Florida Department of Transportation in (known as the State Road Department then). The Miami Seaplane Base was incorporated into the National Airspace System in 1959 by the Federal Aviation Administration. The Miami Seaplane Base predates the City of Miami's first zoning ordinance (Ordinance 1156), which was adopted in 1934. Additionally, the base predates the City's first Future Land Use Map, which was adopted in 1989 under Ordinance 10544. When the seaplane base was established, the land was owned by the State of Florida; there was an agreement between the seaplane base and Florida to allow for the use and activities on site. This agreement continued with the City of Miami when they acquired the land from the State of Florida in 1949 via Deed Number 19947. Later, the land was subleased to Chalks by Miami Sports and Exhibition Authority ("MSEA"), which was an independent, autonomous agency and instrument of the City of Miami. This is documented by the Settlements of March 6, 2002, and July 29, 2014 (the "Lease"). Today, there is a lease for a term of 30 years with an effective date of July 29, 2014 with Chalks Airline, Inc. doing business as Chalks & Nautilus Enterpreises, LLC ("Chalks"). This lease is for Chalks to develop and operate a seaplane base within the 5.31 acres of Tract D of Plat Book 166 Page 11. On September 2, 2015, the Miami Planning, Zoning, and Appeals Board ("PZAB"), pursuant to Resolution No. PZAB-R-15-054, recommended approval of a change of zoning to the Miami City Commission for the southwestern portion of the Property, Tract D of Watson Island, from "CS", Civic Space Transect, to "Cl", Civic Institutional. On January 28, 2016, the Miami City Commission pursuant to Ordinance No. 13589 approved 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. In September 2018, Chalks filed a state court action against MSEA and the City ("2018 Action") in the Circuit Court of the 11t"Judicial Circuit in Miami -Dade County, Florida, styled as Chalks Airline, Inc. v. Miami Sports and Exhibition Authority, et al., Case No. 2018-030887- Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 3 09/02/2022 CA-01. This case alleged that MSEA was in breach of contract of its obligations under the Lease. One month later, the Miami City Commission adopted Ordinance 13801, which sunset the MSEA. On June 19, 2019, the PZAB, pursuant to Resolution No. PZAB-R-19-026, approved with conditions two (2) Exceptions, an associated Warrant, and an associated Waiver of the 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. On July 2, 2021, the Circuit Court of the 11th Judicial Circuit in Miami -Dade County, Florida by the Honorable Judge Barbara Areces ("Court") issued an Order granting summary judgment in favor of Chalks, adjudicating liability against the City on all claims addressed, and concluding among other things that: the City/MSEA has breached the Lease by unreasonably withholding, conditioning, and delaying providing Chalks with written approval of Chalks' plans for the redevelopment of the Miami Seaplane Base; by imposing a permanent prohibition prohibiting Chalk from ever constructing a hotel on the premises; and by failing to approve and unreasonably delaying approval of Chalks' construction of floating docks for seaplane base use. Chalks and the City desired to settle and resolve the 2018 Action as set forth in the Settlement Agreement. On April 11, 2024, the Miami City Commission adopted Resolution No. R-24-0143, which approved the settlement agreement with Chalks, authorized the City Manager to execute any and all necessary documents to effectuate the settlement agreement; further authorized 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; and authorized 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 the agreement at the time of need. Pursuant to the Settlement Agreement, Section 2, Sub -section 2.1, the City will apply for a zoning change from "Cl" Civic Institutional Transect Zone to "T6-12-0" Urban Core Transect Zone - Open to expressly allow hotel use on the Property on an expedited basis, the subject of this request. The proposed "CS" Civic Space Transect Zone classification is only a step toward compliance with the Settlement Agreement, while maintaining compliance with Miami 21 Section 7.1.2.8(a)(3), successional zoning. Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 4 09/02/2022 Figure 3: Aerial of Property Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 5 09/02/2022 E. ANALYSIS Demographics The Property is part of the US Census Tract 12086004901 which includes both Watson Island and Dodge Island (The Port of Miami). Pursuant to the 2022 American Community Survey 5-year estimate the population and number of households compared to the City of Miami are reflected in Table 3. Neither island features a resident(s) or a home(s) available. Topic Census Tract 12086004901 City of Miami Population 0 443,665 Number of Households 0 186,137 Table 3: Census Tract Data Miami Comprehensive Neighborhood Plan (MCNP) Pursuant to the adopted Future Land Use Map ("FLUM") of the MCNP, the Property is designated "Public Parks & Recreation" and "Major Institutional, Public Facilities, Transportation and Utilities." The request to change the zoning classification of the southwestern portions (Tract D) of the Property from "Cl" Civic Institutional Transect Zone to "CS" Civic Space Transect Zone is inconsistent with the Property's existing future land uses ("FLU") of "Major Institutional, Public Facilities, Transportation and Utilities" (Portion A) and "Restricted Commercial" (Tract D), therefore, a concurrent Comprehensive Plan Amendment is required and has been submitted as a companion application PZ-24-18325. The application to amend the FLUM of the Miami Comprehensive Neighborhood Plan ("MCNP") under PZ-24-18325 will amend the FLU of the Property from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial" (Tract D). As the proposed "CS" Civic Space Transect Zone change in zoning classification is only a step toward compliance with the Settlement Agreement, the FLUM amendment being pursued is in line with the end goal of zoning the site as "T6-12-0", Urban Core Transect Zone - Open. Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 6 09/02/2022 Major Ins1. Public Facilities. Trdnsp And. Figure 4: Existing FLUM Figure 5: Proposed FLUM Miami 21 Code The Property was zoned "PR" under the previous 11000 Zoning Code, which permitted no dwelling units per acre. Currently, the majority of the Property is zoned "CS," Civic Space Transect Zone with no permitted Density, and shall retain its zoning. The southwestern portion (Tract D) is zoned "CI," Civic Institutional Transect Zone, which allows for the Density of lowest Abutting Zone nearest to the subject property not to exceed 65 du/acre. The portion (Tract D) of the Property is being rezoned from "CI," Civic Institutional Transect Zone to "CS," Civic Space Transect Zone, which will result in changes in Intensity, Density, and Height as well as the allowed Uses. However, as this only a step toward compliance with the Settlement Agreement, the end zoning is intended to "T6-12-0," Urban Core Transect Zone - Open. Table 4 demonstrates the changes in development standards as a result of the requested changes in zoning classification and the final zoning, as agreed upon in the Settlement Agreement. Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 7 09/02/2022 T6 Civic T6-O CS CI DENSITY (UNIT PER ACRE) 150 du/ac* N/A AZ* RESIDENTIAL SINGLE FAMILY RESIDENCE R COMMUNITY RESIDENCE R TWO FAMILY RESIDENCE R MULTI FAMILY HOUSING R DORMITORY R E HOME OFFICE R LIVE - WORK R LODGING BED & BREAKFAST R INN R HOTEL R OFFICE OFFICE R E COMMERCIAL AUTO -RELATED COMMERCIAL ESTAB. W ENTERTAINMENT ESTABLISHMENT R FOOD SERVICE ESTABLISHMENT R W E ALCOHOL BEVERAGE SERVICE ESTAB. E GENERAL COMMERCIAL R E E MARINE RELATED COMMERCIAL ESTAB. W E OPEN AIR RETAIL W W E PLACE OF ASSEMBLY R E RECREATIONAL ESTABLISHMENT R E AMUSEMENT RIDE E CIVIC COMMUNITY FACILITY W W E RECREATIONAL FACILITY R W E RELIGIOUS FACILITY R W E REGIONAL ACTIVITY COMPLEX E E CIVIC SUPPORT COMMUNITY SUPPORT FACILITY W E Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 8 09/02/2022 INFRASTRUCTURE AND UTILITIES W W E MAJOR FACILITY E MARINA W R E PUBLIC PARKING W E RESCUE MISSION E TRANSIT FACILITIES W E EDUCATIONAL CHILDCARE W E E COLLEGE / UNIVERSITY W E ELEMENTARY SCHOOL W E LEARNING CENTER R E E MIDDLE / HIGH SCHOOL W E PRE-SCHOOL R E RESEARCH FACILITY R E SPECIAL TRAINING / VOCATIONAL W E R — Allowed by Right W — Allowed by Warrant E — Allowed by Exception MAXIMUM BUILDING HEIGHT 12 Stories See Article 4, Section 5.7.2.3 See Article 4, Section 5.7.2.4 Table 4: Development Standard. FINDINGS Criteria 1 7.1.2.8 (t)(1)(a): "The relationship of the proposed amendment to the goals, objectives and policies of the Comprehensive Plan, with appropriate consideration as to whether the proposed change will further the goals, objectives and policies of the Comprehensive Plan; the Miami 21 Code; and other city regulations." Analysis of Criteria 1 The request to changes the zoning classification from "Cl" Civic Institutional Transect Zone to "CS" Civic Space Transect Zone for the southwestern portion is inconsistent with the existing Future Land Use designations: therefore, the Applicant is concurrently processing a change to the Future Land Use designation from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial", processed under ePlan File ID# PZ-24-18325. Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 9 09/02/2022 Pursuant to the Miami 21 Code, Article 2, Section 2.1.3.1(b), Guiding principle "Growth strategies should encourage Infill and redevelopment". The intent motivating is aligned with this Guiding Principle as the rezone is the redevelopment and infill of the Property, which is an underutilized part of Watson Island. Pursuant to Miami Neighborhood Comprehensive Plan, Policy LU-1.3.15, "the City shall continue to encourage a development pattern that enhances existing neighborhoods by developing a balanced mix of uses including areas for employment, shopping, entertainment, housing, and recreation in close proximity to each other." This proposal seeks to enhance the existing neighborhood by promoting redevelopment at the Property complimentary to the surrounding neighborhood. This Property is in close in proximity to many notable Institutional and Commercial Uses including Jungle Island, the Children's Museum, the Miami Seaplane Base, and the Miami Outboard Club. Finding 1 Pursuant to Article 7, Section 7.1.28 (f)(1)(a) of Miami 21 Code, the request to rezone is consistent with the goals, objectives, and policies of the Comprehensive Plan, Miami 21 Code. Criteria 2 7.1.2.8 (f)(1)(b): "The need and justification for the proposed change, including changed or changing conditions that make the passage of the proposed change necessary." Analysis of Criteria 2 The proposed "CS" Civic Space Transect Zone classification is only a step toward compliance with the Settlement Agreement, while maintaining compliance with Miami 21 Section 7.1.2.8(a)(3), successional zoning. With Watson Island's positioning between a wide range of attractive tourist destinations in both the City of Miami and City of Miami Beach, and its proximity to the Port of Miami Cruise Terminals, this Property is ideal for rezoning that will further the development of the City. The proposed application is consistent with Miami 21, Article 7, Section 7.1.2.8(f)(1)(b), as the need and justification of the rezoning will further the development of the City. Finding 2 In accordance with Article 7, Section 7.1.2.8 (f)(1)(b) of Miami 21 Code, the requested change in zoning is consistent. Criteria 3 Section 7.1.2.8 (f)(2) "A change may be made only to the next intensity Transect Zone or by a Special Area Plan, and in a manner which maintains the goals of this Miami 21 Code to preserve Neighborhoods and to provide transitions in intensity and Building Height." Analysis of Criteria 3 The proposed changes the zoning classification from "Cl" Civic Institutional Transect Zone to "CS" Civic Space Transect Zone at the Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 10 09/02/2022 portion of the Property. There is no foreseeable impact to the abutting neighborhood, and no net loss of park space under the proposed rezones. The "CS" Civic Space Transect Zone does not abide by City's traditional standard successional zoning table, as "CS" Civic Space Transect Zone is encouraged and appropriate abutting any Transect Zone. Pursuant to Article 4, Table 1, "The Civic Zone consists of public use space and facilities that may contrast in use to their surroundings while reflecting adjacent Setbacks and landscape." Last, the portion was formerly zoned "CS" Civic Space Transect Zone until it was rezoned to "Cl" Civic Institutional Transect Zone by City Commission in January of 2015, under Ordinance No. 13589. Finding 3 In accordance with Article 7, Section 7.1.2.8(f)(2) of Miami 21 Code, the requested change in zoning is consistent. G. CONCLUSION Pursuant to Article 7, Section 7.1.2.8(f) of Miami 21, as amended, the Planning Department recommends Approval of the requests to rezone from "Cl" Civic Institutional Transect Zone to "CS" Civic Space Transect Zone as it is consistent with the criteria for rezoning. DocuSigned by: SWatAlA , Sfuwc v E44 ... David Snow Interim Planning Director ,—DocuSigned by Stt-itiuY 3A75CAC5AF7E446.. Sevanne Steiner, CNU-A Assistant Planning Director DocuSigned by:`—B2B3ECC38734410.. Richard Cody Brown, MPA Planner II Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 11 09/02/2022 Attachments: Exhibit "A" - Legal Description Attachment 1 — Settlement Agreement Staff Analysis Report No. PZ-24-18325: 980 MACARTHUR CSWY — Page 12 09/02/2022 AERIAL EPLAN ID: PZ-24-18325 REZONE ADDRESS(ES) : 980 MACARTHUR CSWY 0 125 250 500 Feet MIAMI 21 ATLAS (EXISTING) EPLAN ID: PZ-24-18325 REZONE ADDRESS(ES) : 980 MACARTHUR CSWY 0 125 250 500 Feet MIAMI 21 ATLAS (PROPOSED) EPLAN ID: PZ-24-18325 REZONE ADDRESS(ES) : 980 MACARTHUR CSWY 0 125 250 500 Feet