HomeMy WebLinkAboutR-24-0384City of Miami
Resolution R-24-0384
Legislation
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
City of Miami Page 1 of 3 File ID: 16570 (Revision:) Printed On: 8/7/2025
File ID: 16570 Enactment Number: R-24-0384
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
City of Miami Page 2 of 3 File ID: 16570 (Revision:) Printed on: 8/7/2025
File ID: 16570 Enactment Number: R-24-0384
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 = . Wys ng II , 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 Page 3 of 3 File ID: 16570 (Revision:) Printed on: 8/7/2025