Loading...
HomeMy WebLinkAboutPZAB (16715) ResoCity of Miami PZAB Resolution Enactment Number: PZAB-R-24-073 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 16715 Date Rendered: 11/07/2024 A RESOLUTION OF THE MIAMI PLANNING, ZONING AND APPEALS BOARD, WITH ATTACHMENT(S), RECOMMENDING DENIAL OF AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING THE ZONING ATLAS OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY CHANGING THE ZONING CLASSIFICATION FROM "CS," CIVIC SPACE TRANSECT ZONE, TO "T6-12-0," URBAN CORE TRANSECT ZONE - OPEN, FOR THE SOUTHWESTERN PORTION OF THE PROPERTY GENERALLY LOCATED AT 980 MACARTHUR CAUSEWAY, MIAMI, FLORIDA, AS MORE PARTICULARLY DESCRIBED IN THE ATTACHED AND INCORPORATED EXHIBIT "A"; 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 "CS," Civic Space Transect Zone; and WHEREAS, the City of Miami ("Applicant" or "City") submitted a request to change the zoning classification from "CS," Civic Space Transect Zone, to "T6-12-0," Urban Core 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 "Restricted Commercial"; 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 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 Date Rendered: 11/07/2024 City of Miami Page 1 of 4 File ID: 16715 (Revision:) Printed On: 11/7/2024 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 Planning, Zoning and Appeals Board ("PZAB"), at its meeting on September 4, 2024, following an advertised public hearing, adopted Resolution No. PZAB-R-24- 059, recommending denial of the zoning change from "Cl," Civic Institutional Transect Zone, to "CS," Civic Space Transect Zone, which was the first step to rezone to "T6-12-0," Urban Core Transect Zone, as a motion to recommend approval of the rezoning failed, by a vote of two to five (2-5), Item No. PZAB 6; and' WHEREAS, on September 26, 2024, the Miami City Commission, pursuant to Ordinance No. 14313, approved a change to the future land use designation on the FLUM for the Property, specifically the southwestern portion of Tract D of Watson Island from "Major Institutional, Public Facilities, Transportation and Utilities" to "Restricted Commercial"; and City of Miami Page 2 of 4 File ID: 16715 (Revision:) Printed On: 11/7/2024 WHEREAS, on September 26, 2024, the Miami City Commission, pursuant to Ordinance No. 14314, approved a change of zoning classification for the Property, specifically the southwestern portion of Tract D of Watson Island from "Cl," Civic Institutional Transect Zone, to "CS," Civic Space Transect Zone; and WHEREAS, on September 26, 2024, the Miami City Commission, pursuant to Resolution No. R-24-0384, approved a waiver of the 18-month limitation provision between petition(s) to rezone properties expressed in Article 7, Section 7.1.2.8(g) by process of Special Appearance for the Property; and WHEREAS, the "CS," Civic Space Zone, was necessary to maintain compliance with Miami 21 Code Section 7.1.2.8(a)(3) — successional zoning; and WHEREAS, the Planning Department recommends approval for the change of zoning classification from "CS," Civic Space Transect Zone, to "T6-12-0," Urban Core Transect Zone, for the Property; and WHEREAS, the Planning Department found the requested change in zoning classification 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 found the application consistent with Section 7.1.2.8(f)(1)(b) of the Miami 21 Code; and WHEREAS, the Planning Department found the requested zoning change appropriate for the Property in light of the intent of the Miami 21 Code and that the proposed change maintains the goals of the Miami 21 Code to preserve neighborhoods and provide transitions in intensity and building height; 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, 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; 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 Planning, Zoning and Appeals Board ("PZAB") recommends that the City Commission deny the request to amend the Zoning Atlas of the Miami 21 Code by changing the zoning classification from "CS," Civic Space Transect Zone, to "T6-12-0," Urban Core 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 Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall become effective immediately upon adoption by the PZAB. City of Miami Page 3 of 4 File ID: 16715 (Revision:) Printed On: 11/7/2024 Reviewed and Approved: David Snow City of Miami Page 4 of 4 File ID: 16715 (Revision:) Printed On: 11/7/2024 Sam Exh "bit "A" NEIDENER SURVEYING AND 10418 N, W. 31ot TERRACE Miami, Florida 33172 APPING P (306) 599-6391 1.0.:GAL DESCRIPTION FOR MSEA #2 POri-naNs OF TRACT 0, WATSON ISLAND —SOUTHWEST, AS RECORDED IN PLAT BOOK 166 AT PAGE 11 OF THE PUBLIC RECORDS OF MIAMI—DADE COUNTY, FLORIDA. BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCE AT 'THE NORTHWEST CORNER OF SAID TRACT D; THENCE S17'1221°E ALONG THE WESTERLY LINE OF SAID TRACT D FOR 236,60 FEET TO THE POINT OF BEGINNING OF A PARCEL OF LAND HEREINAFTER DESCRIBED. THENCE N665722E FOR 160,74; THENCE S354929E FOR 07.75 FEET; THENCE N47'0729E FOR 78,16 FEET; THENCE S425231"E FOR 114.31 FEET; THENCE S44284 VE FQR 165.00 FEET, THENCE' S52!14'06"E FOR 90,00 FEET; THENCE S6458136E FOR 232,65 FEE r TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 25.00 FEET; THENCE SOUTHEASTERLY 13.59 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 310817" TO THE POINT OF REVERSE CURVATURE WITH A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 2/10,00 FEET; THENCE SOUTHEASTERLY 223,76 FEET ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 532505"; THENCE S25'01'.24"W 'FOR 198,84 FEET; THENCE N64°56'36I'Vi ALONG THE SOUTHWESTERLY LINE OF SAID TRACT D FOR 720,94 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 300.00 FEET; THENCE ALONG THE WESTERLY LINE OF SAID TRACT D NORTHWESTERLY 250,13 FEET THROUGH A CENTRAL ANGLE OF 47'46'15"; THENCE N17'12'21"W ALONG THE WESTERLY LINE OF SAID TRACT D FOR 131,00 FEET TO THE POINT OF BEGINNING. SAID LANDS BEING SITUATED ON WATSON ISLAND, CITY OF MIAMI, MIAMI DADE. cowry, FLORIDA, CONTAINING 5.31 ACRES MORE OR LESS (231,368 SQUARE FEET). THIS S NOT A SURVEY. NOT vAUD WITHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA PROFESSIONAL SURVEYOR AND MAPPER, DATE PREPARED: APRIL 27, 2007,, PREPARED FOR THE CITY OF MIAMI, ........*••••••.• • ea Mapping, P.A., No, LE 4207 thbaIn PLS No.3587_ SHEET 1 OF 2 GAL DESCRIPTION MSEA #2 WATSON ISLAND CITY OF MIAMI MIAMI—DADE coutm, FLORIDA #181314 DATC: 4/27/07 NOT To SCALE re•—wr-41 • P.0400 NW CORNER OF TRACT OF WATSON ISLAND sourigwesT AS PER PLAT — BOOR 166, PAR 11 OF MIAMI—DADE COUNTY PUBLIC RECORDS, • P.0 D. d't wsr.„ MSEA 1,..4250.13"00. *--Re400,00' ,90 Am4746"15" -0 0 4 s WELbENER SURVEYING AND MAPPING Miami, Florida 33172 (305) 599-0381 10418 INL W. alst TERRACE WATSON IS TRACT "A" iVISEA #2 5.31 AC,± 231,3E18 SO.F.i GRAPHIC SCALE li=o25,00' do3101317" 44N*,1 2001 bb' b 200' 400' ( IN FEET ) 1 irich 200' ft. TCH TO ACCOMPANY LEGAL DE4CRIPTI0N A ,:11,11HANOLE MEND: t CENTERLINLE L LICENSED OUSINESS \ NO. NUMBER .POINT OP SEDINNINO \ P.O.C, POINT' or COMMENCEMENT PLS PROFESSIONAL LAND SURVEYOR \ RADIUS \WSM WEIDENER SuRVEY(ND AND MAPPING HEET 2 OF 2