HomeMy Public PortalAbout2015-04 Authorizing the commencement of legal proceedings against the City of Miami re Marine StadiumRESOLUTION NO. 2015-4
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA,
AUTHORIZING THE COMMENCEMENT OF LEGAL
PROCEEDINGS AGAINST THE CITY OF MIAMI TO
ENJOIN THE COMMERCIAL DEVELOPMENT AND
USE OF THAT PORTION OF VIRGINIA KEY PARK
KNOWN AS "MARINE STADIUM;" PROVIDING FOR
THE IMITATION OF THE DISPUTE RESOLUTION
PROCESS PURSUANT TO F.S. CHAPTER 164;
PROVIDING FOR IMPLEMENTATION AND AN
EFFECTIVE DATE.
WHEREAS, Virginia Key consists of over 800 acres of mostly government -owned
land used primarily for park and recreation purposes; and
WHEREAS, a 61.8+/- acre portion of Virginia Key located along the Rickenbacker
Causeway (the "Site") was transferred by Miami -Dade County (the "County") to the City of
Miami (the "City") in 1963 to establish a waterfront amphitheater appropriately named
"Marine Stadium;" and
WHEREAS, the deed of conveyance by the County to the City restricts the use of the
Site to a "Marine Stadium and allied purposes;" and
WHEREAS, the City constructed the amphitheater and used it as a performing arts
and boat racing venue until approximately 1992, when it was abandoned and all uses on the
Site ceased; and
WHEREAS, the Site is designated "Park and Recreation" on the Future Land Use Plan
Map of the City's Neighborhood Comprehensive Plan and the adopted County Land Use Plan;
and
WHEREAS, the Site is zoned CS (Civic Space) on the Zoning Atlas under the City's
Miami 21 zoning ordinance; and
1
WHEREAS, the City's Miami 21 Zoning ordinance prohibits any commercial use of
the Site, and, moreover, requires that all uses (with exception of marinas) be approved by
"exception" or "warrant;" and
WHEREAS, without the proper exceptions, warrants, or other development approvals,
the City has initiated the development process for the construction of over $16,000,000 of
improvements, including the resurfacing of most of the Site with solid impervious surfaces to
accommodate nearly 800,000 squnre feet of commercial event space; and
WHEREAS, the proposed development and change in use by the City is directly
inconsistent with and violates the City's Neighborhood Comprehensive Plan, the City's Miami 21
Zoning Code, the City's Code of Ordinances, the County's Comprehensive Master
Development Plan, the County's Code of Ordinances, and deed restrictions governing the Site;
and
WHEREAS, the proposed development and change in use will have devastating
impact upon the citizens of Miami -Dade County and the State of Florida by restricting access
to some of the region's most valuable public resources, including Crandon Park and its world
class beaches, Bill Baggs State Park and its world class beaches, and Historic Virginia Key
Beach Park; and
WHEREAS, the proposed commercial use of the Site will forever adversely change
the island community of the Village of Key Biscayne and the lives of its residents who depend
upon the limited access Rickenbacker Causeway as the lifeline of their community by
overburdening that restricted roadway; and
WHEREAS, the Village Council finds that immediate intervention is necessary to
enjoin the imminent, illegal development of the Site; and
2
WHEREAS, the Village Council believes that the commencement of legal
proceedings followed by the immediate initiation of a good faith conflict resolution process,
pursuant to F.S., Chapter 164, may result in a negotiated outcome that will be beneficial to all
stakeholders.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL
OF KEY BISCAYNE, FLORIDA AS FOLLOWS:
Section 1. Recitals Adopted. That each of the recitals stated above are hereby
adopted and confirmed.
Section 2. Commencement of Legal Proceedings. The Village Council hereby
authorizes the commencement, initiation and filing of all necessary and appropriate legal
proceedings (judicial and administrative) to seek an immediate and permanent injunction
against the City and all other necessary and/or appropriate parties from developing and using
the Site in any manner which is in violation of law, or restrictions limiting the use of the Site.
Section 3. Conflict/Dispute Resolution. Immediately upon the filing of any
judicial proceedings, it is the intent of the Village Council to seek a stay of such proceedings
and initiate the dispute resolution process as provided for under F.S. Chapter 164.
Section 4. Implementation. The Village Attorney is hereby authorized and directed
to take all steps necessary and appropriate to implement the terms of this resolution and to use all
appropriate discretion in such implementation.
Section 5. Effective Date. This resolution shall be effective immediately upon
adoption.
3
PASSED AND ADOPTED this 27"' day of January , 2015.
MA AYRA PEN' A LINDSAY
ATTEST:
CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK
APPROVED AS TOORM AND LEGAL SUFFICIENCY:
VILLAGE ATTO NE {
4