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Home My WebLink AboutAppeal LetterSubmit an Appeal to the City Commission, PZAB, or HEPB Submitted on Receipt number Related form version 20 November 2023, 6:45PM 156 16 Submitting your Appeal to the City Commission, PZAB, or HEPB On what date was either the administrative decision/interpretation issued, the CU revocation or denial letter dated, or the resolution rendered? (click calendar icon). 11/15/2023 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 full City manager letter exercise equip pdf 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 property Yes owners within 500 feet? Please upload the Excel formatted list showing all the property addresses exercise equip appeal.xlsx owners within 500 feet of the Your information What is your name or the name of your law firm representing Amanda Hand, AQH Law as authorized representative? Please provide your email. ahand@aghlaw.com Please provide your phone number? 305-733-2800 What is the administrative decision/interpretation number or PZAB R-23-108 the resolution number you are appealing? All of your documents shall become a public record. 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 Exercise equipment appeal letter.pdf City manager letter exercise equip pdf 1 of 2 format only), required 5) Signed attestation form 6) Other pertinent documents, i.e. Disclosure to Support or Withhold Objection, Power of Attorney, etc. Digital Signature and Submission Please type your full name here and sign below. 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 2of2 AOH LGW November 20, 2023 Re: Appeal of PZAB R-23-108 Dear Ms. Zamora, ahand@aqhlaw.com Direct: 305-733-2800 Please accept this appeal of PZAB R-23-108. On November 15, 2023, the PZAB granted an appeal filed by 900 Biscayne of warrant PZ-23-16544 for a new Recreational Facility Use in a "CS" Civic Space Zone for the installation of new outdoor fitness equipment (the "Project") for the property located at 1095 Biscayne Boulevard, Miami Florida 33132 (the "Property"), Maurice Ferre Park. The warrant approves an approximately 3,225 square foot area for outdoor exercise equipment in the public park. This appeal should be granted, reversing the decision of the PZAB and affirming the warrant. In May of 2023, an application was filed for a warrant for outdoor fitness equipment to be located in Maurice Ferre Park. On June 1, 2023, the required notices were mailed. On August 30, 2023, a report by a Certified Arborist was submitted, evaluating two trees in close proximity to the proposed exercise equipment. On September 7, 2023, the Warrant was issued.' On September 22, 2023, 900 Biscayne filed an appeal of the warrant. The appeal was heard by PZAB on November 1, 2023, and continued to November 15, 2023. In writing and at the hearing, Appellant 900 Biscayne argued that (a) the notice did not meet the requirements of Miami 21; (b) the survey was out of date; and (c) the warrant was inconsistent with the Miami Comprehensive Neighborhood Plan. At the November 15, 2023 hearing, the PZAB adopted R-23-108, granting the appeal of the warrant. This is an appeal of PZAB R-23-108, which would reverse the PZAB decision and affirm the warrant issued by the City's professional planning staff. This appeal must be granted because the warrant meets all requirements of Miami 21, the Miami Comprehensive Neighborhood Plan, and all other legal requirements. 1 On September 28, 2023, a typo was corrected clarifying that the environmental condition of the warrant prohibits ground disturbing activity within 20 feet (not 40 feet) of Tree 1. 1395 Brickell Avenue Suite 800 Miami, Florida 33131 Notice Miami 21 Section 7.1.2.4(c)(3) provides that a warrant may not be issued less than 30 days after the required notice. In this case, the warrant was issued at least 99 days after the required notice. Therefore, the notice requirements were met. Survey The appellant argued that the survey submitted with the application was not within 1 year of the date of application. However, the survey submitted with the application and included in the backup is dated May 13, 2023. Therefore, the survey submitted with the application is current and meets the application requirements. Miami Comprehensive Neighborhood Plan. • Policy PR-2.1.1 900 Biscayne argues that the installation of 3,225 square feet of exercise equipment in a public park violates the no net loss policy set forth in Policy PR-2.1.1. However, the proposed exercise equipment limits footprint to the necessary amount to fulfil its purpose, and therefore complies with the policy. • Goal PR-3, Increase public access to all parks, recreation, facilities and open spaces including waterfront areas and the Picnic Islands in Biscayne Bay. The proposed exercise equipment complies with this policy because it adds a recreational use that is accessible to the public. • Objective PR-3.2.8, All renovations and improvements to City parks and recreational facilities will be designed to enhance rather than obstruct waterfront views. The proposed exercise equipment complies with this objective because it does not obstruct waterfront views or access. • Objective PR-4.1, Continue to improve the quality and diversity of recreational programs offered at destination and community parks, and neighborhood parks where such programs may be offered. The proposed exercise equipment complies with this objective because it adds a recreational use that is accessible to the public. • Policy PR-5.1.2, The City's operating budget and the Capital Improvements Element (CIE) will give priority to the quality of programs in, and the physical condition of, existing park facilities and to meeting existing deficiencies, before constructing new facilities for parks and recreation. This policy does not preclude the use of impact fees or other funds to purchase additional land to be held in inventory for new parks in underserved neighborhoods. This project is funded by the Bayfront Park Management Trust. • Policy PR-5.2.3, The City will develop regular procedures to provide opportunities for park user and neighborhood consultation in the planning and design of park and recreation facilities improvements and new parks and programs. Pursuant to Article 7, Section 7.1.2.4.c of the Miami 21 Code, notices were sent to all abutting property owners and registered associations in the Commission District 2 area by certified mail on or about June 1395 Brickell Avenue Suite 800 Miami, Florida 33131 1, 2023. Further, the Planning Department received no objections for the request within 30 days. • Policy PR-6.1.2, The City will work to implement the specific master plans that include parks and recreation facilities, such as the Coconut Grove Waterfront Master Plan, the Museum Park Master Plan, and the Virginia Key Master Plan, and create pedestrian and water linkages among Fern Isle Park, Sewell Park, the recently acquired Police Benevolent Association property, and Curtis Park to create a Miami "Central Park." As depicted in the Waterfront Master Plan and programmed in the CIE, the City will provide a continuous network of public parks and major attractions along the downtown waterfront. The proposed exercise equipment complies with this policy because it adds a new recreational use with a minor footprint in the open space that was proposed in the Museum Park Master Plan. The Museum Park master plan serves a as a guiding document that can be modified to add a minor improvement consistent with the use and enjoyment of public parks. • Goal PR-8, which asks that park development "encourage the development of high quality Encourage the development of high -quality cultural arts facilities and programs within the City. The proposed exercise equipment does not impede this goal, the inclusion of exercise equipment and cultural facilities are not mutually exclusive. In sum, the warrant for 3,225 square feet of exercise equipment in Maurice Ferre park meets all requirements of Miami 21, the Miami Comprehensive Neighborhood Plan, and all other legal requirements. Maurice Ferre park is at least 18 acres, not including the cultural museums. Thus, the 3,225 square feet of exercise equipment will occupy less than 0.4% of the open space in the park. For these reasons, this appeal must be granted, reversing PZAB R-23-108 and affirming the warrant. Thank you for your time and consideration of this matter. /s/ Amanda Quirke Hand, Esq. AQH Law 1395 Brickell Avenue Suite 800 Miami, Florida 33131 of tart, (jF t.o riba ARTHUR NORIEGA V CITY MANAGER November 20, 2023 To whom it may concern: P.O. BOX 330708 MIAMI, FLORIDA 33233-0708 (305) 250-5400 FAX (305) 250-5410 I authorize the filing of the appeal of PZAB Resolution R-23-108. Because the appeal is filed on behalf of the City of Miami, the appeal fee is waived. Art Noriega City Manager AOH LGW November 22, 2023 Re: Appeal of PZAB R-23-108 Dear Ms. Zamora, ahand@aqhlaw.com Direct: 305-733-2800 For clarity and in accordance with the authorization letter, the appeal is filed on behalf of City Manager Art Noriega and Miguel Ferro, Executive Director of the Bayfront Park Management Trust. Thank you for your time and consideration of this matter. /s/ Amanda Quirke Hand, Esq. AQH Law 1395 Brickell Avenue Suite 800 Miami, Florida 33131 11/21/23 Date CITY OF MIAMI HEARING BOARDS MIAMI RIVERSIDE CENTER 444 SW 2ND AVENUE, 3RD FLOOR MIAMI, FLORIDA 33130 RE: Property Owner's List Within 500 Feet of: Street Address(es) 1101 BISCAYNE BLVD, 1103 BISCAYNE BLVD,1191 BISCAYNE BLVD,1200 BISCAYNE BLVD,1100 BISCAYNE BLVD,1040 BISCAYNE BLVD,1000 BISCAYNE BLVD, 900 BISCAYNE BLVD,1075 BISCAYNE BLVD, 801 BISCAYNE BLVD, 899 BISCAYNE BLVD,601 BISCAYNE BLVD,400 NE 8 ST, 728 BISCAYNE BLVD, 888 BISCAYNE BLVD Total number of labels without repetition: 16 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, Signature Sevanne Steiner - Assitant Director , CNU-A Printed Name or Company Name 444 SW 2 AV, 3rd Floor Address 305-416-1601 Telephone ssteiner@miamigov.com E-mail Rev. 10-18 OWNER CITY OF MIAMI DEPT OF P & DASSET MANAGMENT DIVISION MIAMI ART MUSEUMOF DADE COUNTY ASSC INC CITY OF MIAMI-DEPT OF P&DASSET MANAGEMENT DIVISION MIAMI DADE COUNTYWATER AND SEWER F E C RR CO MIAMI-DADE COUNTYGSA R/E MGMT 700 BISCAYNE LLC 1040 BISCAYNE COMMERCIAL LLC STATE OF FLA DOT ONE THOUSAND MUSEUM CONDO (c/o Haber Law) MARQUIS MIAMI CONDOMINIUM ASSOCIATION (c/o SKRLD, Inc.) MARINABLUE CONDO (c/o Castle Management) CGI 1100 BISCAYNE MANAGEMENT LLC MARQUIS MIAMI CONDOMINIUM ASSOCIATION MARINABLUE CONDO (c/o SKRLD, Inc.) 900 BISCAYNE BAY CONDO (c/o SKRLD, Inc.) TEN MUSEUM PARK RESIDENTIAL CONDO (c/o Siegfried Rivera) ADDRESS MAILING CITY STATE ZIP CODE 444 SW 2 AVE STE 325 101 FLAGLER ST 444 SW 2 AVE STE# 325 3071 SW 38 AVE 7150 PHILIPS HIGHWAY 111 NW 1 ST STE 2460 PO BOX 611510 1040 BISCAYNE BLVD #900 1000 NW 111 AVE 251 NW 23rd Street 201 Alhambra Circle, llth Floor PO BOX 559009 801 BRICKELL AVE STE#700 1100 BISCAYNE BOULEVARD 8th FLOOR MGT OFFICE 201 Alhambra Circle, 11th Floor 201 Alhambra Circle, 11th Floor 201 Alhambra Circle 11th Floor MIAMI MIAMI MIAMI MIAMI JACKSONVILLE MIAMI MIAMI MIAMI MIAMI MIAMI CORAL GABLES FORT LAUDERDALE MIAMI MIAMI CORAL GABLES CORAL GABLES MIAMI FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL FL 33130 33130 33130-1910 33146 32256 33128-1929 33261 33132 33172 33127 33134 33355 33131 33132 33134 33134 33134