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Home My WebLink AboutO-13588Vop City of Miami Legislation < U R �O Ordinance: 13588 File Number: 15-00672lu City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 1/28/2016 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 All, 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 within the 5.31± acres of Tract D; 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 & 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 City of Miand Page 1 of 3 File Id. 15-00672111 (Version: 2) Printed On: 4/17/2018 File Number: 15-00672lu Enactment Nnmber: 13588 WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and 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. City of Miand Page 2 of 3 File Id. 15-00672111 (Version: 2) Printed On: 4/17/2018 File Number: 15-00672lu Enactment Number: 13588 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 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} 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. City of Miami Page 3 of 3 File Id. 15-00672111 (Version: 2) Printed On: 4/17/2018