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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� •V N L CITY COUNTY MIAMI MIAMI-DADE NAME OF POLITIC AL SUBDIVISION: -a dl T CITY OF MIAMI Q DATE ON WHICH VOTE OCCURRED MY POSITION IS: 22 April 2021 p d ELECTIVE ❑ APPOINTIVE U 0 E GJ -1 N — J O WHO MUST FILE FORM 813 ° N 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 E o 0 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 ss i 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 e =' 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 �`7 + - M o(JLJ9fez- hrm 98 �oh- 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. C= ca :7:1 5 'U 3 :• r- 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 » uen MAYOR I O R ♦� 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 �t•�rj7BJ 5) 25 00 FAY _OS) ✓ 001 =1 iC .L N� n 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) U N Q N U a v t U Y o e-I i N N N 0 O -0 a) c v, O City QlAfiami Page 52 Printed on 411412021 City of Miami �c1pF iCity Hall 't _ 3500 Pan American Drive ' Legislation Miami, FL 33133 ,F, . "`� .,.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 a 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 o E AN EFFECTIVE DATE. *= r" _ o 0 N N � N WHEREAS, on March 21, 2019, pursuant to Section 2-211 of the Code of the City of E o 0 Miami, Florida, as amended ("City Code"), titled "Denial or Revocation of Certificate of Use", and u o Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as N 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 " N L restrictive than its permitting or locations for pharmacies licensed under Chapter 465, Florida -0 C � a) 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 � U a formal proceeding open to the public at which the county or municipality determines that the o Er location promotes the public health, safety, and general welfare of the community; and C o WHEREAS, while marijuana for medical purposes is allowed by state law under Section W T, L 4� -a r rV N 381.986, Florida Statutes, marijuana remains illegal under federal law because it remains E o 0 classified as a Schedule I drug by the Drug Enforcement Administration under the Controlled � v Substances Act of 1971; and o 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. —C, .. 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: b c � r .17E tV r�W 4 r� ' 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 27 9 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 C` c� a, r U N Q r'j U -n— C.0 O E ri 4 N O 0 N � � N -a N ° o D v c Ln O 1 of 3 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 U N i Q N U v � � U O E ri +' N C _ O i N N N 0 O (3) c to O 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 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. . C,-.) +" 7-1 cm _ ev C) C a='r? —4 .: T � i r ON 3of3 � u u T I �) T-tV of .4 -am- � R � 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 , / � N Ta ara Allen Frost .. --0 Interim Zoning Administrator Office of Zoning N i '# City of Miami r r° O 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 U — N � c-I N v —, � v 0 E� c +� o E o U L N (ITXfla of '4iii mi or. GSZV w r �Y ARTHUR NORIEGA, V City Manager <0Rt9 U N i March 5, 2021 N U Q v � � U O v ri N 4 } — O s- 4J �O N N RE: Appeal of Planning, Zoning and Appeals Board Decision — Supplemental Information o 90 Northeast 11 Street v o V) L O 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 a -n na �i no -0 r' N O CrIl 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 4 l�2 ARTHUR NORIEGA, V * notu and * City Manager u „ z i March 4, 2021 U - N i Q N U RE: Appeal of Planning, Zoning and Appeals Board Decision a) a 90 Northeast 11 Street v The City of Miami ("City") Office of Zoning hereby appeals to the City Commission the decision of the orq L ri CD N 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 L to Section 2-211, titled "Denial or Revocation of Certificate of Use" of the Code of the City of Miami, a O Florida, as amended, and Section 7.1.2.1 of Ordinance No. 13114, the Zoning Ordinance of the City of N L O 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 CO -1 PV CZ wl r 40 s� 0 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 PARAMOUNT MIAMI WORLDCENTER CONDOMINIUM ASSOCIATION, INC. 851 NE 1 AVE N i a a v (3) t +, 0 4 - a) [V 0 s— o N � � N E 00 o � v c cn 0 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 LOS ANGELES 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 c- MIAMI FL 33131 USA MIAMI FL 33131 USA MIAMI FL 33131 USA MIAMI FL 33131 USA MIAMI FL 33131 cm 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 CJ N i � moil QJ MIAMI FL 33128-1929 MIAMI FL 33137 USA MIAMI FL 33101-1191 USA MIAMI FL 33136 USA MIAMI FL 33137-3218 MIAMI FL 33131 USA BOCA RATON FL 33486 USA MIAMI FL 33172 MIAMI FL 33172 MIAMI I FL 133132 IUSA to N o C")F-7 35. C V N Y CL -� U 0 ri L N N E 0 n a) c cn ` 0 Folio Number 0101010701010 0101010701011 0101010701020 0101010701030 0101010701120 0101010801010 0101010801011 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 0101020301190 0101020301200 0101020301210 0101020301220 0131360110010 0131360160150 0131360160310 0131360950010 0131370310060 0131370310070 0131370360025 0131370360060. 0132310250160 0132310250270 0131370390001 U1 - N L March 4, 2021 � °J u Date v ° 7 E U CITY OF MIAMI HEARING BOARDS o N MIAMI RIVERSIDE CENTER += O 444 SW 2ND AVENUE, 3RD FLOOR v L ° C,4 MIAMI, FLORIDA 33130 E N o ° aj RE: Property Owner's List Within 500 Feet of: vim, o 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 U — N L To: Ketterer, Amber L.; Zamora, Olga N U Cc: Lee, Erica; Brown, Kemarr n Subject: RE: Appeal re: Marijuana CU - 90 NE 11 Street. v C J Date: Thursday, March 4, 20214:54:00 PM �O Attachments: imaae004.pno N — o Good Afternoon, N E o o a) c ` cn O 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 ✓ti c� trr 2s r- ry 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 v N L -0 rI v Q N U U O E C - O N -0 N E Ov O o c> � 'n N Kv� "- cs�, A ICJ r, cy V 1 of 3 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) r--� -�o n� r v 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 U N Y ci N Q Nd U -� U O E ri L N � '° N E ° o � v C Ln o 3of3 V N i March 4, 2021 CL aN Date u E CITY OF MIAMI HEARING BOARDS o _ o 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 _ .. - - 3L`,�1� V 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 U N i rj u U O E ri _ O L N 0 N E 0 O cn o 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 o ci N pl 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 V N L Q N U a a 4 V a-+ O E ri GJ N _ o O L N a1 fV 0 o v c N L O c�1 e-� 'l N O co MIAMI FL 33128-1929 MIAMI FL 33137 USA MIAMI FL 33101-1191 USA MIAMI FL 33136 USA MIAMI FL 33137-3218 MIAMI FL 33131 USA BOCA RATON FL 33486 USA MIAMI FL 33172 MIAMI FL 33172 MIAMI FL 33132 USA N -'7 0 -r3 N N rn O M C" Folio Number 0101010701010 0101010701011 0101010701020 0101010701030 0101010701120 0101010801010 0101010801011 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 0101020301190 0101020301200 0101020301210 0101020301220 0131360110010 Q IV �{ G! -r� N CD C-IM 3:0 70 �? O 0131360160150 0131360160310 0131360950010 0131370310060 0131370310070 0131370360025 0131370360060 0132310250160 0132310250270 0131370390001 U N Y ci a) LZ Q N U a T a) 4 � 0 E ri N ._ O aJ 0 N � � N 0 0 -0 U � � c V) 0 From: Frost. Tamara u ' N =' L To: Ketterer. Amber L.; Zamora, Olga Cc: Lee, Erica; Brown, Kemarr Q dl Subject: RE: Appeal re: Marijuana CU - 90 NE 11 Street. Date: Thursday, March 4, 2021 4:54:00 PM 4 V Attachments: image004.png O -j O Good Afternoon, v ° L UO O v C 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 ......... CD '� ev �.C- _. PD C) = Co 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 U — N i Q NN U —�- U O rl O i N 4J 4 N E Ov O V) ` O C3 Iv 'n CO -n r a C'7 ter:, FTI E? 1 C:) .Z7 Csi 1 of 3 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 U N i QP'IU CU o E ri 4� +, N _ O i N Q7 ° N ate1 -p N 0 O � � c LO ` O 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 N i n a u v � � U o v rl } N •- O L N 4- N 4- -0 N E 0 n cn 0 3of3 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 U Q N U o ( ri �= o >_ N v � N E 0 0 v c Ln O