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 •
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OF TRACT
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sourigwesT
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PAR 11 OF
MIAMI—DADE
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MSEA
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WELbENER SURVEYING AND MAPPING
Miami, Florida 33172 (305) 599-0381
10418 INL W. alst TERRACE
WATSON IS
TRACT "A"
iVISEA #2
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231,3E18 SO.F.i
GRAPHIC SCALE
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2001 bb' b 200' 400'
( IN FEET )
1 irich 200' ft.
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MEND:
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\ NO. NUMBER
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PLS PROFESSIONAL LAND SURVEYOR
\ RADIUS
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HEET 2 OF 2