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Legislation
Ordinance
File Number: 15-00672lu
City Hall
3500 Pan American
Drive
Miami, FL 33133
www,miamigov.com
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S),
AMENDING ORDINANCE NO. 10544, AS AMENDED, THE FUTURE LAND USE
MAP OF THE MIAMI COMPREHENSIVE NEIGHBORHOOD PLAN, PURSUANT TO
SMALL SCALE AMENDMENT PROCEDURES SUBJECT TO §163.3187, FLORIDA
STATUTES, BY CHANGING THE FUTURE LAND USE DESIGNATION OF 5.31 ±
ACRES OF THE REAL PROPERTY GENERALLY IDENTIFIED AS THE SOUTHERN_
PORTION OF TRACT "D" OF WATSON ISLAND, MIAMI,- FLORIDA, FROM "PUBLIC
PARKS AND RECREATION" TO "MAJOR INSTITUTIONAL, PUBLIC FACILITIES,
TRANSPORTATION, AND UTILITIES", AS DEPICTED IN "EXHIBIT A", ATTACHED
AND INCORPORATED; MAKING FINDINGS; DIRECTING TRANSMITTALS TO
AFFECTED AGENCIES; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Miami Planning, Zoning and Appeals Board ("PZAB" ), at its meeting on
September 2, 2015, following an advertised public hearing, adopted Resolution No. PZAB-R-15-053 by
a vote of six to three (6-3), item no. 1, recommending APPROVAL of the Future Land Use Change as
set forth; and
WHEREAS, the Miami Comprehensive Neighborhood Plan ("MCNP") contains Policy PR -2.1.1 that
establishes a no net -loss policy for public park land, and in compliance thereof, the companion item,
File ID No. 15-00672lu1, adds 8.69 ± acres towards this land category while this item subtracts 5.31 ±
acres thereby resulting in a net gain of 3.38 ± acres in this land category; and
WHEREAS, there is a need for a seaplane base and heliport facility on Watson Island as required
by the Watson Island Policy Plan; and
WHEREAS, the existing Interlocal Agreement with the Miami Sports and Exhibition Authority, as
revised and amended on October 9, 2013, provides for the development and operation of a seaplane
base and a heliport on 5.31± acres of the real property generally identified as the Southern Portion of
Tract D of Watson Island, Miami, Florida ("Tract D"); and
WHEREAS, there is an existing lease for a term of thirty (30) years with an effective date of
October 9, 2013, with Linden Airport Services Corp. to operate a heliport facility win e 53
al _ _ __ __ _ . _ _ _ - __ithth-- .
-- .._1± acres
of Tract D; an _
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 & Nautilus Enterprises, LLC, to develop and operate a
seaplane base within the 5.31± acres of Tract D; and
WHEREAS, there is a negligible impact to traffic on the MacArthur Causeway as a result of the
proposed amendment; and
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and
City of Miami Page 1 of 3 File Irl: 15-00672iu (Version: 2) Printed On: 101812015
File Number., 15-00672lu
in the best interest of the general welfare of the City of Miami and its inhabitants to grant this change
of land use designation as hereinafter set forth;
NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. Ordinance No. 10544, as amended, the Future Land Use Map ("FLUM") of the Miami
Comprehensive Neighborhood Plan, pursuant to small scale amendment procedures subject to
§163.3187, Florida Statutes, is further amended by changing the Future Land Use designation of 5.31
± acres of the real property generally identified as the southern portion of Tract D of Watson Island,
Miami, Florida, from "Public Parks and Recreation" to "Major Institutional, Public Facilities,
Transportation, and Utilities", as depicted in "Exhibit A", attached and incorporated.
Section 3. It is found that this Comprehensive Plan designation change involves a use of 10 acres
or fewer and:
(a) Is necessary due to changed or changing conditions;
(b) The cumulative annual effect of the acreage for all small scale development
amendments adopted by the local government does not exceed a maximum of 120 acres in a calendar
year;
(c) The proposed amendment does not involve a text change to goals, policies, and
objectives of the local government's comprehensive plan, but proposes a land use change to the
future land use map for a site-specific development. However, text changes that relate directly to, and
are adopted simultaneously with the small scale Future Land Use Map amendment shall be
permissible;
(d) Is one which is not located within an area of critical state concern as designated by
§380.0552, Florida Statutes or by the Administration Commission pursuant to §380,05(1), Florida
Statutes;
(e) The requested FLUM amendment allows a density up to 150 dwelling units per acre per
the MNCP; however, it also provides a provision to limit the density to be equal to the least intense
abutting/adjacent residential zoning district. Furthermore, there are also provisions in the Miami 21
Code, the Zoning Ordinance of the City of Miami, Florida, as amended ("Miami 21 Code"), to limit the
density to what is allowed in the abutting Transect Zone. The abutting Transect Zone is Civic Space
(CS) and does not allow residential use. The intensity will be as established in Article 4 of the Miami 21
Code; and
(f) The proposed amendment complies with the applicable acreage and density limitations
set forth in the Local Government Comprehensive Planning and Land Development Regulation Act
including, without limitation, §163.3187, Florida Statutes.
Section 4. The City Manager is directed to instruct the Director of the Planning and Zoning
Department to promptly transmit a certified copy of this Ordinance after its adoption on second reading
to the reviewing agencies pursuant to §163.3184, Florida Statutes and any other person or entity
City of Miami Page 2 of 3 File 1d: 15-00672lu Olersion: 2) Printed On: 101812015
File Number.' 15-00672lu
requesting a copy.
Section 5. If any section, part of a section, paragraph, clause, phrase, or word of this Ordinance is
declared invalid, the remaining provisions of this Ordinance shall not be affected.
Section 6. This Ordinance may not become effective until thirty-one (31) days after second reading
and adoption thereof pursuant and subject to §163.3187, Florida Statutes. {1)
A7) OVE "AS TO,FO M ANI, C9RR CTNESS;
VIPfORIA MENDEZ `)
CI YATTORNEY
Footnotes:
{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.
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