HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET
File ID: R-24-0212
Title: A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE
APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY
MANAGER, AND MIGUEL FERRO, EXECUTIVE DIRECTOR OF
BAYFRONT PARK, ("APPELLANT") OF THE DECISION OF THE
PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING
THE CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF
WARRANT NO. PZ-23-16544 ISSUED PURSUANT TO ARTICLE 4,
TABLE 12, AND ARTICLE 7, SECTIONS 7.1.1.2 AND 7.1.2.4 OF
ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR
THE RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS,"
CIVIC SPACE TRANSECT ZONE, LOCATED AT 1095 BISCAYNE
BOULEVARD, MIAMI, FLORIDA; MAKING FINDINGS; CONTAINING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
LOCATION: 1095 Biscayne Boulevard
APPELLANT TO THE CITY COMMISSION: Arthur Noriega V, City of Miami City
Manager and Miguel Ferro, Executive Director of Bayfront Park
APPELLANT TO THE PZAB: Steven Smith, President of the Board of Directors of 900
Biscayne Condo
WARRANT APPLICANT(S): Miguel Ferro, Executive Director of Bayfront Park
PURPOSE: To uphold Warrant PZ-23-16544 for a Recreational Facility Use on "CS"
Civic Space Transect Zone.
FINDING(S):
PLANNING DEPARTMENT: Recommended the issuance of the Warrant be upheld.
PLANNING, ZONING AND APPEALS BOARD: On November 5, 2023, the board
approved the appeal, by a vote of 5-2, thus revoking the Planning Department's
Warrant.
City of Miami
Legislation
Resolution
Enactment Number: R-24-0212
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File Number: 15113 Final Action Date:5/23/2024
A RESOLUTION OF THE MIAMI CITY COMMISSION DENYING THE APPEAL FILED
BY ARTHUR NORIEGA V, CITY OF MIAMI CITY MANAGER, AND MIGUEL FERRO,
EXECUTIVE DIRECTOR OF BAYFRONT PARK, ("APPELLANT") OF THE DECISION
OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY REVERSING THE
CITY OF MIAMI PLANNING DEPARTMENT'S ISSUANCE OF WARRANT NO. PZ-23-
16544 ISSUED PURSUANT TO ARTICLE 4, TABLE 12, AND ARTICLE 7, SECTIONS
7.1.1.2 AND 7.1.2.4 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW FOR THE
RECREATIONAL FACILITY USE ON A PARCEL ZONED "CS," CIVIC SPACE
TRANSECT ZONE, LOCATED AT 1095 BISCAYNE BOULEVARD, MIAMI, FLORIDA;
MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Nelson Fonseca, on behalf of Leadex Corporation ("Applicant") applied to
the City of Miami ("City") for a Warrant pursuant to Article 4, Table 12, and Article 7, Sections
7.1.1.2 and 7.1.2.4 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida,
as amended, ("Miami 21 Code") to allow for Recreational Facility Use ("Project") for the property
located at approximately 1095 Biscayne Boulevard, Miami, Florida ("Property"); and
WHEREAS, on September 7, 2023, the City's Planning Department approved Warrant
No. PZ-23-16544 for the Project on the Property pursuant to the applicable review criteria of the
Miami 21 Code; and
WHEREAS, the Planning Department's approval of Warrant No. PZ-23-16544 included
the following conditions:
1. As per Environmental Resources Review Group condition, the applicant will need to
adhere to the guidance provided within the latest certified arborist report, dated 8/30/23.
Namely, that no ground disturbing activity is to be done within 20' of tree #1 nor is to be
done within 16' of tree #2. The applicant must also utilize structural soil and permeable
materials.
2. Pursuant to Miami 21 Code, Section 7.1.2.4(c) 4 this Warrant shall be valid for a period
of two (2) years during which a building permit or Certificate of Use must be obtained.
This excludes a demolition or landscape permit and a one-time extension, for a period
not to exceed an additional year, may be obtained if approved by the Planning Director.
3. The City reserves the right to inspect the site to ensure compliance with the conditions
as listed.
4. Review and approval by Environmental Resources is required prior to issuance of a
building permit.
5. Failure to comply with the conditions herein may result in the immediate revocation of
this Warrant and shall be subject to any fines and penalties pursuant to City Code; and
WHEREAS, on September 22, 2023, Steven Smith, President of the Board of Directors
of 900 Biscayne Condo, ("PZAB Appellant") filed an appeal to the Planning, Zoning, and
Appeals Board ("PZAB") of the approval of Warrant No. PZ-23-16544 with the Office of Hearing
Boards; and
WHEREAS, the PZAB Appellant's appeal to the PZAB claims that the Warrant is
inconsistent with the 2007 and 2023 Parks Master Plans; and
WHEREAS, the PZAB Appellant's appeal to the PZAB claims that the Warrant is
inconsistent with various Goals, Objectives, and Policies of the Miami Comprehensive
Neighborhood Plan's ("MCNP") Parks, Recreation and Open Space element; and
WHEREAS, the Planning Department found that pursuant to Goal PR-1 of the MCNP,
the Project advances the goal of providing sufficient opportunities for active and passive
recreation to all City residents based on access to parks, recreation and open space, per capita
park funding, and regular surveys of residents on park and recreation needs; and
WHEREAS, the Planning Department found pursuant to Objective PR-3.3 of the MCNP,
that the park and recreational facilities will be accessible to handicapped persons and provide
opportunities for special needs groups; and
WHEREAS, the Planning Department found that the Project advances Goal PR-7 of the
MCNP, to develop public parks and open spaces that are aesthetically appealing and enhance
the character and image of the City; and
WHEREAS, on November 15, 2023, the PZAB, based on the testimony and evidence
presented and after due notice and an opportunity to be heard was afforded to all parties and
members of the public, found that there was competent substantial evidence in the record to
grant the appeal, thereby reversing the decision of the Planning Director to approve Warrant No.
PZ-23-16544; and
WHEREAS, on November 21, 2023, Arthur Noriega V, City Manager of the City, and
Miguel Ferro, Executive Director of the Bayfront Park Management Trust, (together, "Appellant")
timely appealed PZAB's approval of the appeal to the City Commission and claims, in sum, that
the Warrant meets all requirements of the Miami 21 Code, the MCNP, and all other legal
requirements; and
WHEREAS, based on the testimony and evidence on the record, after due notice an
opportunity to be heard has been afforded to all parties and members of the public, there is
competent substantial evidence in the record to affirm the decision of the PZAB, which reversed
the Planning Director's approval of Warrant No. PZ-23-16544; and
WHEREAS, for the reasons included in the record, the City Commission denies the
appeal, thereby affirming the decision of the PZAB and thus reversing the Planning Director's
approval of Warrant No. PZ-23-16544;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF
MIAMI, FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are
adopted by reference and incorporated as if fully set forth in this Section.
Section 2. The Miami City Commission hereby denies the appeal filed by the Appellant,
thereby affirming the decision of the Planning, Zoning and Appeals Board, as set forth in
Resolution No. PZAB-R-23-108, and thus reversing the City Planning Department's approval of
Warrant No. PZ-23-16544.
Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this
Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected.
Section 4. This Resolution shall be effective immediately upon its adoption and signature
of the Mayor. 1
APPROVED AS TO FORM AND CORRECTNESS:
1 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.