HomeMy WebLinkAboutSubmittal-Mayor Suarez-Form 8B Voting ConflictFORM 8B MEMORANDUM OF VOTING CONFLICT FOR
COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS
LAST NAME -FIRST NAME -MIDDLE NAME
NAME OF BOARD, COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEF
SUAREZ FRANCIS XAVIER
MIAMI CITY COMMISSION
MAILING ADDRESS
THE BOARD. COUNCIL, COMMISSION, AUTHORITY OR COMMITTEE ON
3500 PAN AMERICAN DRIVE
WHICH I SERVE ISAUNIT OF:
I CITY ❑ COUNTY L7 OTHER LOCALAGEN�
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CITY COUNTY
MIAMI MIAMI-DADE
NAME OF POLITIC AL SUBDIVISION:
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CITY OF MIAMI
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DATE ON WHICH VOTE OCCURRED
MY POSITION IS:
22 April 2021
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WHO MUST FILE FORM 813
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This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board
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commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting c � W c
interest under Section 112.3143, Florida Statutes. 'n 0
Your responsibilities under the law when faced with voting on a measure in which you have a conflict of interest will vary greatly d,
on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form ueiore
completing and filing the form.
INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES
A person holding elective or appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which
would inure to his or her special private gain or loss. Each elected or appointed local officer also MUST ABSTAIN from knowingly voting on
a measure which would inure to the special gain or loss of a principal (other than a government agency) by whom he or she is retained
(including the parent, subsidiary, or sibling organization of a principal by which he or she is retained); to the special private gain or loss of a
relative; or to the special private gain or loss of a business associate. Commissioners of community redevelopment agencies (CRAs) under
Sec. 163.356 or 163.357, F.S., and officers of independent special tax districts elected on a one -acre, one -vote basis are not prohibited
from voting in that capacity.
For purposes of this law, a "relative" includes only the officer's father, mother, son, daughter, husband, wife, brother, sister, father-in-law,
mother-in-law, son-in-law, and daughter-in-law. A "business associate" means any person or entity engaged in or carrying on a business
enterprise with the officer as a partner, joint venturer, coowner of property, or corporate shareholder (where the shares of the corporation
are not listed on any national or regional stock exchange).
ELECTED OFFICERS:
In addition to abstaining from voting in the situations described above, you must disclose the conflict:
PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are
abstaining from voting; and p p
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WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person respo s,ible.y _ rec3�ing the
minutes of the meeting, who should incorporate the form in the minutes. r,' 4
APPOINTED OFFICERS:
Although you must abstain from voting in the situations described above, you are not prohibited by Section 112;3.143 f;*h otheAvise
participating in these matters. However, you must disclose the nature of the conflict before making any attempt to iivflUynce-Me decision,
whether orally or in writing and whether made by you or at your direction. `i O
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IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH TH�/O E� WILL BE
TAKEN:
• You must complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the
minutes of the meeting, who will incorporate the form in the minutes. (Continued on page 2)
CE FORM 8B - EFF. 11/2013 PAGE 1
Adopted by reference in Rule 34-7.010(1)(f), F.A.C. c
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Subm' n
Submitted into the public
record for item(s) PZ.12
on 04-22-2021, Citv Clerk
APPOINTED OFFICERS (continued)
• A copy of the form must be provided immediately to the other members of the agency.
• The form must be read publicly at the next meeting after the form is filed.
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING:
• You must disclose orally the nature of your conflict in the measure before participating.
• You must complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the
meeting, who must incorporate the form in the minutes. A copy of the form must be provided immediately to the other members of the
agency, and the form must be read publicly at the next meeting after the form is filed.
DISCLOSURE OF LOCAL OFFICER'S INTEREST
FRANCIS XAVIER SUAREZ hereby disclose that on APRIL 22 20 21
(a) A measure came or will come before my agency which (check one or more)
.nured to my special private gain or loss;
i inured to the special gain or loss of my business associate,
inured to the special gain or loss of my relative,
inured to the special gain or loss of by
whom I am retained; or
inured to the special gain or loss of
is the parent subsidiary, or sibling organization or subsidiary of a principal which has retained me.
(b) The measure before my agency and the nature of my conflicting interest in the measure is as follows:
, which
Please see the copy of the attached memorandum, which provides a detailed explanation.
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If disclosure of specific information would violate confidentiality or privilege pursuant to law or rules governing attorneys, a public officer,
who is also an attorney, may comply with the disclosure requirements of this section by disclosing the nature of the interest in such a way
as to provide the public with notice of the conflict.
April 22, 2021
Date Filed
Signatu
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317, A FAILURE TO MAKE ANY REQUIRED DISCLOSURE
CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT,
REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A
CIVIL PENALTY NOT TO EXCEED $101000.
CE FORM 813 - EFF. 11/2013 PAGE 2
Adopted by reference in Rule 34-7.010(1)(f), F.A.C.
(Hill of flia i, �Xoxt��x
G�,Vl' OF
FRANCIS SUAREZ * n1Av OIAIEI »
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MAYOR
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TO: Honorable Members of the City nmmission
FROM: Mayor Francis X. Suarez _ �•
RE: Agenda Item PZ 12 / File Number 8718
3500 ,AN AMERICAN DRIVE
M1�1, FLORIDA 33133
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The above -referenced measure is scheduled to be considered at the April 22, 2021 Miami
City Commission meeting. The item is an appeal filed by the City of Miami to reverse the decision
of the Planning, Zoning and Appeal Board's ("PZAB") decision to reverse the Zoning
Administrator's denial of a Certificate of Use for the property located at approximately 90
Northeast I 1 Street, Miami, Florida.
As you know, Section 4(g)(5) of the Charter of the City of Miami, Florida ("City Charter")
provides that the Mayor shall have veto authority over any legislative, quasi judicial, zoning,
master plan, or land use decision of the City Commission. The above -referenced item is both a
quasi-judicial and land use decision and is, therefore, subject to my mayoral veto authority.
The appellee in the above -referenced matter is represented by Greenspoon Marder LLP
where I serve in the role as Of Counsel. While I have played no role in the appeal of the Zoning
Administrator's decision, I recognize that my employment with the appellee's law firm may appear
as a conflict of interest.
When there is a conflict of interest, elected officials are required to abstain or refrain from
participating or taking any action on the item. While I, as Mayor of the City, do not vote on items
presented before the City Commission, I do participate when I exercise the powers outlined in
Section 4(g)(5) of the City Charter and Section 2-36 of the City Code, specifically my veto
authority.
The Miami -Dade County Commission on Ethics and Public Trust has indicated that it is a
good, recommended practice, and one used by similarly situated elected officials in other
jurisdictions, for me to simply mimic the practice detailed in Section 112.3134(3)(a), Florida
Statutes, when I consider exercising my veto authority. As such, in an abundance of caution and
in the spirit of transparency, I have decided to refrain from participating in the above -referenced
matter and accordingly will not exercise my veto power.
I have filed the appropriate disclosure forms with the City Clerk.
cc: Arthur Noriega V, City Manager
Victoria Mendez, City Attorney
Todd B. Hannon, City Clerk
Submitted into the public
record for item(s) PZ.12
on 04-22-2021, City Clerk
City Commission Meeting Agenda April 22, 2021
PZ.12 RESOLUTION
8718 A RESOLUTION OF THE MIAMI CITY COMMISSION
Office of Zoning GRANTING/DENYING THE APPEAL FILED BY THE CITY OF MIAMI'S
ZONING DEPARTMENT AFFIRMING/REVERSING THE PLANNING
ZONING AND APPEALS BOARD'S DECISION AS SET FORTH IN
RESOLUTION NO. PZAB-R-21-009 REVERSING THE ZONING
ADMINISTRATOR'S DENIAL OF A CERTIFICATE OF USE PURSUANT
TO SECTION 2-211 OF THE CODE OF THE CITY OF MIAMI, FLORIDA,
AS AMENDED, TITLED "DENIAL OR REVOCATION OF CERTIFICATE
OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114, THE
ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY
LOCATED AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI,
FLORIDA ("PROPERTY"), AND AFFIRMING/REVERSING THE ZONING
ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A
CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: Approximately 90 NE 11 St [Commissioner Ken Russell —
District 2]
APPELLANT(S) TO CITY COMMISSION: Art Noriega V, City Manager
on behalf of the City of Miami
APPELLANT(S) TO PZAB: Louis J. Terminello, Esq., on behalf of
MRC44, LLC
APPLICANT(S): Louis J. Terminello, Esq., on behalf of MRC44, LLC
PURPOSE: The Appellant to City Commission has appealed the
Planning, Zoning and Appeals Board's decision.
FINDING(S):
PLANNING DEPARTMENT: Recommended approval of the appeal to
City Commission.
PLANNING, ZONING AND APPEALS BOARD: Granted the appeal on
February 17, 2021, by a vote of 7-4.
Note for the Record: PZAB File ID 5711 Linked to this Legislative File
END OF PLANNING AND ZONING ITEM(S)
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City QlAfiami Page 52 Printed on 411412021
City of Miami
�c1pF iCity Hall
't _ 3500 Pan American Drive
' Legislation Miami, FL 33133
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"`� .,.www.miamigov.com
Resolution:
File Number: 8718 Final Action Date:
A RESOLUTION OF THE MIAMI CITY COMMISSION GRANTING/DENYING
THE APPEAL FILED BY THE CITY OF MIAMI'S ZONING DEPARTMENT
AFFIRMING/REVERSING THE PLANNING ZONING AND APPEALS BOARD'S
DECISION AS SET FORTH IN RESOLUTION NO. PZAB-R-21-009
REVERSING THE ZONING ADMINISTRATOR'S DENIAL OF A CERTIFICATE
OF USE PURSUANT TO SECTION 2-211 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, TITLED "DENIAL OR REVOCATION OF
CERTIFICATE OF USE", AND SECTION 7.1.2.1 OF ORDINANCE NO. 13114,
THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS
AMENDED, TITLED "PERMITTED USES", FOR THE PROPERTY LOCATED
AT APPROXIMATELY 90 NORTHEAST 11 STREET, MIAMI, FLORIDA
("PROPERTY"), AND AFFIRMING/REVERSING THE ZONING
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ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A
al
CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING
FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
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AN EFFECTIVE DATE.
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WHEREAS, on March 21, 2019, pursuant to Section 2-211 of the Code of the City of
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Miami, Florida, as amended ("City Code"), titled "Denial or Revocation of Certificate of Use", and
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Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as
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amended ("Miami 21 Code"), titled "Permitted Uses", the City of Miami's ("City") Zoning
Administrator denied the issuance of a Certificate of Use to MRC44 LLC ("Applicant") for a
Cannabis Dispensary and/or Clinic use for the property located at approximately 90 Northeast 11
Street, Miami, Florida ("Property"); and
WHEREAS, on March 27, 2019, William W. Riley, Jr., Esq., on behalf of the Applicant,
filed an appeal of the denial with the City's Office of Hearing Boards; and
WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on February
17, 2021, following an advertised public hearing, adopted Resolution No. PZAB-R-21-0094y a
vote of seven to four (7-4) granting the appeal filed by the Applicant and reversing the!�gonqg]'s
Administrator's denial of the Certificate of Use for the Property; and ;
WHEREAS, Section 2-211(a) of the City Code states that the Zoning Adminisl�ator ray
deny the issuance of a Certificate of Use for good cause; and
WHEREAS, Section 7.1.2.1 of the Miami 21 Code indicates that the Zoning Adrniej-stral&
shall withhold a Certificate of Use unless he finds that all of the requirements of the Miavwil'21
Code have been met; and O
WHEREAS, Section 2.2.2 of the Miami 21 Code, titled "Conflicts", states that "[w]here the
requirements of this Miami 21 Code vary with the applicable requirements of any law, statute,
rule, regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall
City of Miami Page 1 of 3 File ID: 8718 (Revision:) Printed On: 412112021
File ID: 8718 Enactment Number:
govern"; and
WHEREAS, the Zoning Administrator, in consultation with the Office of the City Attorney,
found that the business located at the Property would be in violation of federal law, specifically
the Controlled Substances Act of 1971, 21 U.S.C. § 811; and
WHEREAS, Section 381.986(11), Florida Statutes, provides that a municipality may, by
ordinance, ban medical marijuana treatment center dispensing facilities from being located within
the boundaries of the municipality and that a municipality that does not ban such may not place
specific limits, by ordinance, on the number of such that may locate within the municipality; and
WHEREAS, Section 381.986(11), Florida Statutes, further provides that a municipality
may determine by ordinance the criteria for the location of, and other permitting requirements
that do not conflict with state law or department rule for, medical marijuana treatment center
dispensing facilities located within the boundaries of the municipality; a municipality may not
enact ordinances for permitting or for determining the location of such facilities that are more
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restrictive than its permitting or locations for pharmacies licensed under Chapter 465, Florida
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Statutes, except that such facilities may not be located within 500 feet of a public or private
elementary, middle, or secondary school unless the municipality approves the location through
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a formal proceeding open to the public at which the county or municipality determines that the
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location promotes the public health, safety, and general welfare of the community; and
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WHEREAS, while marijuana for medical purposes is allowed by state law under Section
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381.986, Florida Statutes, marijuana remains illegal under federal law because it remains
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classified as a Schedule I drug by the Drug Enforcement Administration under the Controlled
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Substances Act of 1971; and
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WHEREAS, the City's Zoning Department ("Appellant") filed an appeal of the PZAB's
decision reversing the Zoning Administrator's denial of the Certificate of Use for the Property;
and
WHEREAS, based on the testimony and evidence presented and after due notice and
an opportunity to be heard has been afforded to all parties and members of the public, the City
Commission finds that the record supports granting/denying the appeal filed by Appellant; and
WHEREAS, the City Commission, after careful consideration of this matter and for the
reasons stated on the record at the public hearing, finds that the stated grounds for the subject
appeal and the facts presented in support thereof justify affirming/reversing the decision of the
PZAB and affirming/reversing the Zoning Administrator's denial of the Certificate of lie; a
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CI-Ff-OF'4:v
MIAMI, FLORIDA: ,
Section 1. The recitals and findings contained in the Preamble to this Resolutiar'are ` -7
adopted by reference and incorporated as if fully set forth in this Section.
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Section 2. The City Commission hereby grants/denies the appeal giving rise to thi�,pubm
hearing, affirms/reverses the decision of the PZAB as set forth in Resolution No. PZAB-F �L1 C"
009, and affirms/reverses the denial of the Certificate of Use for a Cannabis Dispensary and/or
Clinic for the Property.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
City of Miami Page 2 of 3 File ID: 8718 (Revision:) Printed on: 412112021
File ID: 8718 Enactment Number:
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall become effective immediately upon its adoption and
signature of the Mayor.'
APPROVED AS TO FORM AND CORRECTNESS:
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' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days
from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective
immediately upon override of the veto by the City Commission.
City of Miami Page 3 of 3 File ID: 8718 (Revision:) Printed on: 412112021
Submission date:
Receipt number:
Related form version:
5 March 2021, 4:OOPM
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Submitting your Appeal to the City Commission, PZAB, or HEPB
On what date was either the administrative 03/04/2021
decision/interpretation issued, the CU revocation or
denial letter dated, or the resolution rendered? (click
calendar icon).
Proof of payment for appeal, noticing, and advertising fees?
Did you pay your fees, if applicable?
Yes
Please upload a copy of the payment receipt showing 90 NE 1 AVE ABUTTING OWNERS.Asx
full payment of fees associated with the appeal. Binder1.pdf
IList of Property Owners within 500 ft (Appeals to City Commission and to HEPB)
Do you have the Excel list with the information for
property owners within 500 feet?
Please upload the Excel formatted list showing all the
property owners within 500 feet of the
IYour information
Yes
90 NE 1 AVE ABUTTING OWNERS.xIU
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What is your name or the name of your law firm Tamara Allen Frost
representing as authorized representative?
Please provide your email. Tfrost@miamigov.com
Please provide your phone number? 9542480037
What is the administrative decision/interpretation PZAB-r-21-009
number or the resolution number you are appealing?
All of your documents shall'become a public record. Appealmddf
Please upload all of your required documents as Binder1.pddf
detailed online. A summary list of the documents you hb-certification-of-prop-owners-cuappeal pddf
need to submit is the following: 1) Appeal Letter 2) Proof RE Anneal re_ Marijuana CU - 90 NE 11
of Lobbyist Registration 3) Corporate Resolution from Street.Waive.pdf
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Board of Directors 4) List of adjacent property owners SubmissionReceipt-
within 500 feet of the property (Excel format only), SubmitAnAppealToTheCityCommissionPZABOrHEPB
required 5) Signed attestation form 6) Other pertinent -26.p
documents, i.e. Disclosure to Support or Withhold Suan.pdf
Objection, Power of Attorney, etc.
Digital Signature and Submission
Please type your full name here and sign below
Tamara Allen Frost
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Using your mouse or finger, please provide your digital
signature. Your digital signature verifies your � �
submission. **** The signature must be that of the
individual "signing' this document electronically or be
made with the full knowledge and permission of the
individual; otherwise, it constitutes forgery under s.
831.06, F.S. The individual signing this document
affirms that the statements and information stated
herein are true. **** I hereby certify that the information
supplied does not qualify for the exemptions contained
in Chapter 119, Florida Statutes. I hereby certify that the
information indicated in this appeal submission is true
and accurate, and that my electronic signature shall
have the same legal effects as if made under oath; that
I am authorized to execute this appeal submission as
required by State, County, and Municipal laws. .
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March 4, 2021
RE: Appeal of Planning, Zoning and Appeals Board Decision
90 Northeast 11 Street
ARTHUR NORIEGA, V
City Manager
The City of Miami ("City") Office of Zoning hereby appeals to the City Commission the decision of the
Planning, Zoning and Appeals Board ("PZAB") made on February 17, 2021, which granted an appeal filed
by MRC44, LLC of the Zoning Administrator's denial of a Certificate of Use on March 21, 2019 pursuant
to Section 2-211, titled "Denial or Revocation of Certificate of Use" of the Code of the City of Miami,
Florida, as amended, and Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of
Miami, Florida, as amended ("Miami 21 Code"), titled "Permitted Uses", for the property located at
approximately 90 Northeast 11 Street, Miami, Florida.
It is maintained that a Certificate of Use ("CU") cannot be issued for such a facility as it would be in
violation of federal law, particularly the Controlled Substances Act of 1971. While made legal for
medical purposes by state law, marijuana remains classified as a Schedule I drug by the Drug
Enforcement Administration. While legal under state law, it remains illegal under federal law, thus
precluding the issuance of a CU for that proposed purpose.
It should further be noted that Section 2.2.2 of the Miami 21 Code, titled "Conflicts", states that "[w]here
the requirements of this Miami 21 Code vary with the applicable requirements of any law, statute, rule,
regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern".
The right to assert any additional arguments and supplement this appeal letter is reserved.
Sincerel ,
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Ta ara Allen Frost .. --0
Interim Zoning Administrator
Office of Zoning N i '#
City of Miami
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OFFICE OF ZONING
444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130i Phone: (305) 416-1499 Fax (305) 416-2156
Mailing Address P.O. Box 330708 Miami, Florida 33233-0708
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ARTHUR NORIEGA, V
City Manager
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RE: Appeal of Planning, Zoning and Appeals Board Decision — Supplemental Information
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90 Northeast 11 Street
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Dear Hearing Boards Office:
Per your instructions, we are supplementing our appeal documents filed yesterday, March 4, 2021, to
include the form regarding the accuracy of the mailing labels/addresses for property owners within 500
feet of the subject property. Please see the attached appeal letter, confirmation, and property addresses
that were submitted yesterday.
Feel free to contact me with any questions. Thank you.
Sincerely
Tamara Allen Frost
interim Zoning Administrator
Office of Zoning
City of Miami
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OFFICE OF ZONING
444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156
Mailing Address: P.O. Box 130708 Miami, Florida 33233-0708
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ARTHUR NORIEGA, V
* notu and * City Manager
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March 4, 2021
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RE: Appeal of Planning, Zoning and Appeals Board Decision
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90 Northeast 11 Street
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The City of Miami ("City") Office of Zoning hereby appeals to the City Commission the decision of the
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Planning,Zoning and Appeals Board PZAB" made on February 17, 2021, which granted an appeal filed
by MRC44, LLC of the Zoning Administrator's denial of a Certificate of Use on March 21, 2019 pursuant
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to Section 2-211, titled "Denial or Revocation of Certificate of Use" of the Code of the City of Miami,
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Florida, as amended, and Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of
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Miami, Florida, as amended ("Miami 21 Code"), titled "Permitted Uses", for the property located at
approximately 90 Northeast 11 Street, Miami, Florida.
It is maintained that a Certificate of Use ("CU") cannot be issued for such a facility as it would be in
violation of federal law, particularly the Controlled Substances Act of 1971. While made legal for
medical purposes by state law, marijuana remains classified as a Schedule I drug by the Drug
Enforcement Administration. While legal under state law, it remains illegal under federal law, thus
precluding the issuance of a CU for that proposed purpose.
It should further be noted that Section 2.2.2 of the Miami 21 Code, titled "Conflicts", states that "[w]here
the requirements of this Miami 21 Code vary with the applicable requirements of any law, statute, rule,
regulation, ordinance, or code, the most restrictive or that imposing the higher standard shall govern".
The right to assert any additional arguments and supplement this appeal letter is reserved.
Sincerel ,
Ta ara Allen Frost
Interim Zoning Administrator
Office of Zoning
City of Miami
OFFICE OF ZONING
444 S.W. 2nd Avenue, 2nd Floor I Miami, Florida 33130 i Phone: (305) 416-1499 Fax (305) 416-2156
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
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Owner Name
Mailing Address
CORNER 11 LLC 06
301 WESTT 41 ST #406
MIAMI BLOCK 17 LLC 1021 AM 22 P
6263 ROBINSON ST
1036 NORTH MIAMI AVENUE LLC
1035 NORTH MIAMI AVENUE #400
1030 NORTH MIAMI AVE LLC c1-I Y 4- '`'-`� `1
301 WEST 41 ST #406
SIRIUS REALTY DEVELOPMENT LLC
5080 BISCAYNE BLVD STE A
PUG44 LLC
8616 LATIJERA 103
PUG44 LLC
8616 LATIJERA 103
60 NORTHEAST 11TH LLC
6263 ROBINSON ST
50 NE 11TH STREET LLC
200 SW 1 ST AVE STE 1200
PARKWEST DEVELOPMENT LLC
4124 RIVERVIEW BLVD
MIAMI NE 11TH LLC
5080A BISCAYNE BLVD
MIAMI NE 11TH LLC
5080A BISCAYNE BLVD
1035 N MIA AVE LLC
2430 INAGUA AVE
U HAUL CO OF FLORIDA
2727 NORTH CENTRAL AVENUE
U HAUL CO OF FLORIDA
2727 NORTH CENTRAL AVENUE
U HAUL CO OF FLORIDA
2727 NORTH CENTRAL AVENUE
AREC 2 LLC
PO BOX 29046
AREC 2 LLC
PO BOX 29046
AREC 2 LLC
PO BOX 29046
MWC BLOCK A LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
IRR PARKWEST INVESTMENTS LLC
100 S POINTE DR 1102
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE STE 300
PALM HOLDINGS LLC
595 SABAL PALM RD
PALM HOLDINGS LLC
595 SABAL PALM RD
PALM HOLDINGS LLC
595 SABAL RD
PALM HOLDINGS LLC
595 SABAL PALM RD
SIN BIN INC
821 ALMERIA AVE
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
LION PARK WEST LLC
301 W 41 ST 406
MIAMI DADE COUNTY
111 NW 1 ST STE 2460
127 NE 11 LLC
2200 BISCAYNE BLVD
29 NE 11 STREET LLC
PO BOX 11191
1100 NORTH MIAMI AVE LLC
1100 N MIAMI AVE
1112 NMA LLC
5080A BISCAYNE BLVD
MIAMI A/I COMMERCIAL ASSOCIATION
100 SE 2ND ST STE 3510
MIAMI A/I PARCEL 3 SUBSIDIARY LLC
ONE TOWN CENTER ROAD SUITE 600
STATE OF FLORIDA
1000 NW 111 AVE
STATE OF FLA
1000 NW 111 AVE
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MIAMI
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33137-3218
MIAMI
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85014
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33131
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33131
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MIAMI
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33137-3375
MIAMI
FL
33137-3375
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MIAMI
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33137-3375
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33134
USA
MIAMI
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33137-3218
MIAMI
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March 4, 2021
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CITY OF MIAMI HEARING BOARDS
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444 SW 2ND AVENUE, 3RD FLOOR
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MIAMI, FLORIDA 33130
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RE: Property Owner's List Within 500 Feet of:
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Street Address(es) SEE ATTACHED
Total number of labels without repetition: 52
I certify that the attached ownership list, map and mailing labels are a complete and accurate
representation of the real estate property and property owners within a 500-foot radius of the
subject property listed above. This information reflects the most current records on file in the
Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by
the City of Miami Hearing Boards if it is determined the property owner information list initially
submitted is older than six (6) months.
Sincerely,
Sig ature
City of Miami, Planning Department
Printed Name or Company Name
444 SW 2 Avenue, 3 FL
Address
(305) 416-1315
Telephone
rsheddCaD_miamigov.com
E-mail
Rev. 10-18
From:
Frost. Tamara
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To:
Ketterer, Amber L.; Zamora, Olga
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Cc:
Lee, Erica; Brown, Kemarr
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Subject:
RE: Appeal re: Marijuana CU - 90 NE 11 Street.
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Date:
Thursday, March 4, 20214:54:00 PM
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Attachments:
imaae004.pno
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Good Afternoon,
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The City is the appellant, I am requesting that the associated fees are waived
Please let me know if you have any additional questions.
Tamara Allen Frost, MPA
Assistant Director
Office of Zoning
444 SW 2"d Avenue, 2"dFloor
Miami, FL 33130
Phone: (305)416-1493
N
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Submission date. -
Receipt number:
Related form version:
4 March 2021, 4:01 PM
26
9
ISubmitting your Appeal to the City Commission, PZAB, or HEPB
On what date was either the administrative 03/04/2021
decision/interpretation issued, the CU revocation or
denial letter dated, or the resolution rendered? (click
calendar icon).
Proof of payment for appeal, noticing, and advertising fees?
Did you pay your fees, if applicable?
Yes
Please upload a copy of the payment receipt showing RE— Appeal re_ Marijuana CU - 90 NE 11 Street..pdf
full payment of fees associated with the appeal.
List of Property Owners within 500 ft (Appeals to City Commission and to HEPB)
Do you have the Excel list with the information for Yes
property owners within 500 feet?
Please upload the Excel formatted list showing all the Copy of 90 NE 1 AVE ABUTTING OWNERS.xlsx
property owners within 500 feet of the
IYour information
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What is your name or the name of your law firm
representing as authorized representative?
Please provide your email.
Please provide your phone number?
What is the administrative decision/interpretation
number or the resolution number you are appealing?
Tamara Allen Frost/ Interim
Tfrost@niamigov.com
19542480037
pzab-r-21-009
All of your documents shall become a public record. Letter1.odf
Please upload all of your required documents as
detailed online. A summary list of the documents you
need to submit is the following: 1) Appeal Letter 2) Proof
of Lobbyist Registration 3) Corporate Resolution from
Board of Directors 4) List of adjacent property owners
within 500 feet of the property (Excel format only),
required 5) Signed attestation form 6) Other pertinent
documents, i.e. Disclosure to Support or Withhold
Objection, Power of Attorney, etc.
IDigital Signature and Submission
Please type your full name here and sign below. Tamara Allen Frost
C)
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2of3
Using your mouse or finger, please provide your digital
signature. Your digital signature verifies your
submission. **** The signature must be that of the
individual "signing' this document electronically or be
made with the full knowledge and permission of the
individual; otherwise, it constitutes forgery under s.
831.06, F.S. The individual signing this document
affirms that the statements and information stated
herein are true. **** I hereby certify that the information
supplied does not qualify for the exemptions contained
in Chapter 119, Florida Statutes. I hereby certify that the
information indicated in this appeal submission is true
and accurate, and that my electronic signature shall
have the same legal effects as if made under oath; that
I am authorized to execute this appeal submission as
required by State, County, and Municipal laws. .
Link to signature
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V N i
March 4, 2021 CL aN
Date u
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CITY OF MIAMI HEARING BOARDS o
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MIAMI RIVERSIDE CENTER 0 `"
N 4O N
444 SW 2ND AVENUE, 3RD FLOOR * `V
L O
MIAMI, FLORIDA 33130 v
cn o
RE: Property Owner's List Within 500 Feet of:
Street Address(es) SEE ATTACHED
Total number of labels without repetition: 52
I certify that the attached ownership list, map and mailing labels are a complete and accurate
representation of the real estate property and property owners within a 500-foot radius of the
subject property listed above. This information reflects the most current records on file in the
Miami -Dade County Tax Assessor's Office. I also understand that a new list will be requested by
the City of Miami Hearing Boards if it is determined the property owner information list initially
submitted is older than six (6) months.
Sincerely,
Sig ature
City of Miami, Planning Department
Printed Name or Company Name
444 SW 2 Avenue, 3 FL
Address
(305) 416-1315
Telephone
rshedd(d_)miamigov.com
E-mail
Rev. 10-18
Owner Name
Mailing Address
CORNER 11 LLC
Al
301 WESTT 41 ST#406
MIAMI BLOCK 17 LLC
2 V11 m a
6263 ROBINSON ST
1036 NORTH MIAMI AVENUE LLC
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1035 NORTH MIAMI AVENUE #400
1030 NORTH MIAMI AVE LLC U' r t-` j `;-'"t�nij
301 WEST 41 ST #406
SIRIUS REALTY DEVELOPMENT LLC
5080 BISCAYNE BLVD STE A
PUG44 LLC
8616 LA TIJ ERA 103
PUG44 LLC
8616 LA TIJ ERA 103
60 NORTHEAST 11TH LLC
6263 ROBINSON ST
50 NE 11TH STREET LLC
200 SW 1 ST AVE STE 1200
PARKWEST DEVELOPMENT LLC
4124 RIVERVIEW BLVD
MIAMI NE 11TH LLC
5080A BISCAYNE BLVD
MIAMI NE 11TH LLC
5080A BISCAYNE BLVD
1035 N MIA AVE LLC
2430 INAGUA AVE
U HAUL CO OF FLORIDA
2727 NORTH CENTRAL AVENUE
U HAUL CO OF FLORIDA
2727 NORTH CENTRAL AVENUE
U HAUL CO OF FLORIDA
2727 NORTH CENTRAL AVENUE
AREC 2 LLC
PO BOX 29046
AREC 2 LLC
PO BOX 29046
AREC 2 LLC
PO BOX 29046
MWC BLOCK A LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
IRR PARKWEST INVESTMENTS LLC
100 S POINTE DR 1102
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE SUITE 300
IRR PARKWEST INVESTMENTS LLC
1000 BRICKELL AVE STE 300
PALM HOLDINGS LLC
595 SABAL PALM RD
PALM HOLDINGS LLC
595 SABAL PALM RD
PALM HOLDINGS LLC
595 SABAL RD
PALM HOLDINGS LLC
595 SABAL PALM RD
SIN BIN INC
821 ALMERIA AVE
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
MWC BLOCK B LLC
100 SE 2 ST STE 3510
LION PARK WEST LLC
301 W 41 ST406
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MIAMI DADE COUNTY
111 NW 1 ST STE 2460
127 NE 11 LLC
2200 BISCAYNE BLVD
29 NE 11 STREET LLC
PO BOX 11191
1100 NORTH MIAMI AVE LLC
1100 N MIAMI AVE
1112 NMA LLC
5080A BISCAYNE BLVD
MIAMI A/I COMMERCIAL ASSOCIATION
100 SE 2ND ST STE 3510
MIAMI A/I PARCEL 3 SUBSIDIARY LLC
ONE TOWN CENTER ROAD SUITE 600
STATE OF FLORIDA
1000 NW 111 AVE
STATE OF FLA
1000 NW 111 AVE
PARAMOUNT MIAMI WORLDCENTER CONDOMINIUM ASSOCIATION, INC.
851 NE 1 AVE
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City
State
Zip Code
Country
MIAMI BEACH
FL
33140
USA
JUPITER
FL
33458
USA
MIAMI
FL
33136
USA
MIAMI BEACH
FL
33140
USA
MIAMI
FL
33137
USA
LOS ANGELES
CA
90045
USA
LOSANGELES
CA
90045
USA
JUPITER
FL
33458
USA
FORT LAUDERDALE
FL
33301
USA
BRADENTON
FL
34209
USA
MIAMI
FL
33137-3218
MIAMI
FL
33137-3218
MIAMI
FL
33133
PHOENIX
AZ
85014
USA
PHOENIX
AZ
85014
USA
PHOENIX
AZ
85014
USA
PHOENIX
AZ
85036
USA
PHOENIX
AZ
85036
USA
PHOENIX
AZ
85036
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA -•
MIAMI
FL
33131
USAF',
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI BEACH
FL
33139
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33137-3375
MIAMI
FL
33137-3375
MIAMI
FL
33137
MIAMI
FL
33137-3375
CORAL GABLES
FL
33134
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI
FL
33131
USA
MIAMI BEACH
FL
33140
USA
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33136
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MIAMI
FL
33137-3218
MIAMI
FL
33131
USA
BOCA RATON
FL
33486
USA
MIAMI
FL
33172
MIAMI
FL
33172
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33132
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0101010701010
0101010701011
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0101010701120
0101010801010
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0101010801020
0101010801030
0101010801040
0101010801050
0101010801060
0101010801070
0101010801080
0101010801100
0101010801130
0101010801140
0101010801150
0101010801160
0101010901140
0101020301010
0101020301020
0101020301030
0101020301040
0101020301050
0101020301060
0101020301070
0101020301075
0101020301080
0101020301090
0101020301100
0101020301110
0101020301140
0101020301150
0101020301160
0101020301170
0101020301180
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Frost. Tamara
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To:
Ketterer. Amber L.; Zamora, Olga
Cc:
Lee, Erica; Brown, Kemarr
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Subject:
RE: Appeal re: Marijuana CU - 90 NE 11 Street.
Date:
Thursday, March 4, 2021 4:54:00 PM
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Attachments:
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Good Afternoon,
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The City is the appellant, I am requesting that the associated fees are waived.
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Please let me know if you have any additional questions.
Tamara Allen Frost, MPA
Assistant Director
Office of Zoning
444 SW 2"d Avenue, 2"dFloor
Miami, FL 33130
Phone: (305)416-1493
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Submission date:
Receipt number:
Related form version
4 March 2021, 4:01PM
26
9
ISubmitting your Appeal to the City Commission, PZAB, or HEPB
On what date was either the administrative 03/04/2021
decision/interpretation issued, the CU revocation or
denial letter dated, or the resolution rendered? (click
calendar icon).
Proof of payment for appeal, noticing, and advertising fees?
Did you pay your fees, if applicable?
Yes
Please upload a copy of the payment receipt showing RE_ Appeal re Marijuana CU - 90 NE 11 Street..pdf
full payment of fees associated with the appeal.
List of Property Owners within 500 ft (Appeals to City Commission and to HEPB)
Do you have the Excel list with the information for Yes
property owners within 500 feet?
Please upload the Excel formatted list showing all the Copy of 90 NE 1 AVE ABUTTING OWNERS xlsx
property owners within 500 feet of the
IYour information
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What is your name or the name of your law firm
representing as authorized representative?
Please provide your email.
Please provide your phone number?
What is the administrative decision/interpretation
number or the resolution number you are appealing?
Tamara Allen Frost/ Interim
Tfrost@miamigov.com
19542480037
pzab-r-21-009
All of your documents shall become a public record. Lettertpddf
Please upload all of your required documents as
detailed online. A summary list of the documents you
need to submit is the following: 1) Appeal Letter 2) Proof
of Lobbyist Registration 3) Corporate Resolution from
Board of Directors 4) List of adjacent property owners
within 500 feet of the property (Excel format only),
required 5) Signed attestation form 6) Other pertinent
documents, i.e. Disclosure to Support or Withhold
Objection, Power of Attorney, etc.
IDigital Signature and Submission
Please type your full name here and sign below. Tamara Allen Frost
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Using your mouse or finger, please provide your digital
signature. Your digital signature verifies your
submission. **"' The signature must be that of the
individual "signing" this document electronically or be
made with the full knowledge and permission of the
individual; otherwise, it constitutes forgery under s.
831.06, F.S. The individual signing this document
affirms that the statements and information stated
herein are true.I hereby certify that the information
supplied does not qualify for the exemptions contained
in Chapter 119, Florida Statutes. I hereby certify that the
information indicated in this appeal submission is true
and accurate, and that my electronic signature shall
have the same legal effects as if made under oath; that
I am authorized to execute this appeal submission as
required by State, County, and Municipal laws. .
Link to signature
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C�iig ,a# ��i�mt
March 5, 2021
ARTHUR NORIEGA, V
City Manager
RE: Appeal of Planning, Zoning and Appeals Board Decision — Supplemental Information
90 Northeast 11 Street
Dear Hearing Boards Office:
Per your instructions, we are supplementing our appeal documents filed yesterday, March 4, 2021, to
include the form regarding the accuracy of the mailing labels/addresses for property owners within 500
feet of the subject property. Please see the attached appeal letter, confirmation, and property addresses
that were submitted yesterday.
1
Feel free to contact me with any questions. Thank you.
Sincerely
G�/!'Zli z •' Aelz-
Tamara Allen Frost
Interim Zoning Administrator
Office of Zoning
City of Miami
OFFICE OF ZONING
444 S.W. 2nd Avenue, 2nd Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156
Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708
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