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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 16570 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A WAIVER OF THE LIMITATIONS UNDER ARTICLE 7, SECTION 7.1.2.8(G) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. LOCATION: Approximately 980 MacArthur Causeway APPLICANT(S): Arthur Noriega V, City Manager on behalf of the City of Miami PURPOSE: This application seeks a waiver of the 18-month limitation provision expressed in Article 7, Section 7.1.2.8(g) of the Miami 21 Code. FINDING(S): PLANNING DEPARTMENT: Recommended approval. City of Miami Legislation Resolution Enactment Number: R-24-0384 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16570 Final Action Date:9/26/2024 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING A WAIVER OF THE LIMITATIONS UNDER ARTICLE 7, SECTION 7.1.2.8(G) OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("MIAMI 21 CODE"), FOR THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, MORE PARTICULARLY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED. WHEREAS, Arthur Noriega V, City Manager, on behalf of the City of Miami ("City" or "Applicant"), is requesting a waiver of the eighteen (18) month limitation provision for petition(s) to rezone properties for the southwestern portion of the property generally located at 980 MacArthur Causeway, Miami, Florida, as described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, the Applicant is requesting to waive the required eighteen (18) month period between petitions for rezoning as provided under Article 7, Section 7.1.2.8(g) of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"); 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 Property is owned by the Applicant 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 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, on September 4, 2024, PZAB recommended denial of a change of zoning classification for the southwestern portion of the Property, Tract D of Watson Island, from "CI," Civic Institutional, to "CS," Civic Space; and WHEREAS, on September 26, 2024, the Miami City Commission, approved a change of zoning classification for the Property, the southwestern portion of Tract D of Watson Island from "Cl," Civic Institutional Transect Zone, to "CS," Civic Space Transect Zone; and WHEREAS, the next step would be to consider a change of zoning classification of the Property from "CS," Civic Space, to "T6-12-0," Urban Core Transect Zone — Open; and WHEREAS, the waiver of the eighteen (18) month limitation between petition(s) to rezone properties is a crucial step toward compliance with the Settlement Agreement, while maintaining compliance with the Miami 21 Code; and WHEREAS, the time limits set forth in Article 7, Section 7.1.2.8(g) of the Miami 21 Code may be waived by a vote of at least three (3) members of the City Commission when such action is deemed necessary to prevent injustice or to facilitate development of the City in the context of the adopted Comprehensive Plan, or any portion thereof; and WHEREAS, the requested waiver is directly tied to the execution of the Settlement Agreement between Chalks Airline, Inc. and the City, and is consistent with the criteria of the Miami 21 Code, to prevent injustice; and WHEREAS, the City Commission has considered the need and justification as well as the Planning Department recommendation; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the Miami Comprehensive Plan, the Miami 21 Code, and all other City regulations; and WHEREAS, the City Commission has deemed it appropriate to approve the waiver of time limits pursuant to Section 7.1.2.8(g) of the Miami 21 Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY 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 waiver of time limits pursuant to Article 7, Section 7.1.2.8(g) of the Miami 21 Code, to waive the required eighteen (18) month period between petition(s) to rezone a property, as provided under Article 7, Section 7.1.2.8(g) of the Miami 21 Code, is hereby approved. 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: rge Wyy ng III, C ty 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.