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Home My WebLink AboutSubmittal-Amanda Hand-Presentation by Planning Dept. regarding Appeal of Warrant at PZAB MeetingSubmitted into the public record for item(s) Z, 3 ott \ I1 l /A • City Clerk Appeal of Warrant No. PZ-23-16544 to allow for new Recreational Facility Use for the installation of new outdoor fitness equipment. Sevanne Steiner, Assistant Director Luiz Lam, Park Planner II v u - tt i 'OA +u CVMIA q . Mil{P09 . 0mr,k 7,P1{} Fitt in % 0 File ID: 14835 PZAB Item 12 INTRODUCTION Staff Analysis Report No.: PZ-23-16544 Location: 1095 Biscayne Blvd (the "Property") Folio Numbers 0141370730010 Miami 21 Code Transect "CS" Civic Space Zone MCNP Designation Public Parks and Recreation Commission District 2 (City Commissioner: Sabina Covo) Department of Human Service Neighborhood Service Center Downtown-Brickell Planner Sevanne Steiner, CNU-A Assistant Director Property Owner City of Miami Project Representative Nelson Fonseca, Leadex Corporation Current Use Maurice Ferre Park Submitted into the u lic record �°ri�em!�` P a. 3 on Ill ► (2 __. City Clerk Early 1900s- Was considered the Port of Miami until it was moved to Dodge Island in the 1960s. 1976 Bicentennial Park was opened 2001 Dover, Kohl & Partners redesign proposal for Bicentennial Park 2005 Museum Park Masterplan by Cooper Robertson and Partners Submitted into the public record r i em(s) t, 3 on 1 Z City Clerk HISTORY OF THE SITE File ID: 14835 Request: Pursuant to Article 4, Table 12 and Article 7, Section 7.1.1.2 and 7.1.2.4 of the Ordinance 13114 ("Miami 21 Code"), as amended, to allow for new Recreational Facility Use in a "CS" Civic Space Zone for the installation of new outdoor fitness equipment (the "Project") at Maurice Ferre Park. Submitted into the pub 'c record fpr itgm(s) 2 I on i 1 1 1 1 Z I City Clerk REQUEST, ZONING & AERIAL OVERVIEW OF THE SITE IL N OF TREE APPRame-re Y ?FP EEL Ow I"0.13N ORAL CIF 8UE N NEW £CL7n4:F#TF w ia. Proposed Exercise Equipment LeatICRETE MOE 7F'f FRGI4 EASE OF iFtleS i F140.3_DE CEAFER 21 ? SITE PHOTOS OF PROPOSED LOCATION Sr -Al K; A • = Y4-JI.MY Submitted into the puklio record f r it m s) NZ, 5 on Z City Clerk PHONE 305 A-8 401' 8 0 EXISTING CONCRETE WALKWAY EXISTING SOLAR UGHTPO$T BROWARD ohms P CA CV RIDMg..7.AP ACM 1, EXISTING CONCRETE WALKWAY 4• 9q 9 DRAWING: PROPOSED SITE PLAN Submitted into the pubic record f itn(s) ti. 3 on �)1 1 t 4 . City Clerk Proposed Exercise Equipment Submitted into the pu 'e record f r it s) Z, 3 0 Greenfields Outdoor Fitness. Florida - Miami - Maurice A. Ferre Park VERSION4 REV1 - 2023-01-13 GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE 888.315.9037 I www.greenteidettiess.com We wOwl7rtlm asmen*** io no*** as spoil end Worn — - aoem Mns doWlom mwq.... 1.w4 .. . rive' the domnsit Y is VedsrOrkrl pram,* *tit ra Weft*r begr*****r1 1*0ru7'rde et718 TL0077sacecn****1**acom Mt w to an Ins7Ysm IArAders TE.-sas%r ha bum* sowed ter e*dhe an at**fr - - 5 ANALYSIS CRITERIA FOR APPROVAL Warrant Review Criteria: • Compliance with Miami 21 • The intent of the Transect • The guiding principles of the Miami 21 Code • The manner in which the proposed Use will operate given its specific location and proximity to Tess intense Uses • Article 4, Table 12, Design Review Criteria, as applicable Submitted into the pub 'c1 record r i m(s) 1, 3 on L�� City Clerk Miami 21 Code MIAMI 21 Submitted into the public record f9r iterm(s) ?Z, 3 on ' ' " ' ' " City Clerk • Pursuant to Article 7, Sections 7.1.2.4.d, it is found that the Applicant has submitted the necessary information to the Planning Department and Office of Zoning which demonstrates compliance with the guidelines and criteria required for this type of permit, as specified in the Miami 21 Code, including Article 4, Table 12. • Planning comments were provided in ePlan pursuant to a comprehensive review of the application materials. All comments have been addressed through the ePlan review process. • Pursuant to Article 7, Section 7.1.2.4.c of the Miami 21 Code, it is found that notices were sent to all Abutting property owners and registered associations in the Commission District 2 area by certified mail on or about June 1, 2023; the Planning Department received no objections for the request. • Pursuant to Article 7, Section 7.1.2.4.d of the Miami 21 Code, the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient. MIAMI 21 Submitted into the publi Z 3 record f rite (s on Z City Clerk 2.2.1 The Intent of the Transect: • Increasing access to the natural environment through the Baywalk, the Riverwalk, the north -south Greenway, and new Parks The Guiding Principles of the Miami 21 Code: • 2.1.3.1 The City - Guiding Principles • g. A diversity of land use should be distributed throughout the City to enable a variety of economic activity, workplace, residence, recreation and civic activity. • 2.1.3.2 The Community - Guiding Principles • d. The ordinary activities of daily living should occur within walking distance of most dwellings, allowing independence to those who do not drive. • e. A range of Open Space, including Parks, Squares and Playgrounds, should be distributed within Neighborhoods and urban centers. • g. Civic, Institutional and Commercial activity should be embedded in Mixed -Use urban centers, not isolated in remote single -use complexes. • 2.1.3.3 The Block and the Building - Guiding Principles • f. Civic Buildings and public gathering places should be located to reinforce community identity and support self-government. PZAB item 12 File ID: 14835 The manner in which the proposed Use will operate given its specific location and proximity to less intense Uses MIAMI 21 Submitted into the public record fqr it� (s) 1 1., 3 on i / l l 114 . City Clerk MIAMI 21 Submitted into the pub 'c record for tem(s) Z, 3 on j 111 I ZA City Clerk Article 4, Table 12, Design Review Criteria, as applicable Building Function & Density • Ensure transitions of Density, Intensity, and Height that complement the Neighborhood context. • Calibrate Density, Intensity, and Uses to facilitate walkability and promote transit use. MCNP Submitted into the publ' record for it m s) YL. 3 on i l I / L. City Clerk Miami Comprehensive Neighborhood Plan (MCNP) • 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. • Pursuant to Objective PR-3.3 of the MCNP, Park and recreational facilities will be accessible to handicapped persons and provide opportunities for special needs groups. • The project advances Goal PR-7 of the MCNP, develop public parks and open spaces that are aesthetically appealing and enhance the character and image of the City. Conditions: CONDITIONS OF APPROVAL Submitted into the public record f r 7rn(s) City Clerk 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 feet of tree #1 nor is to be done within 16 feet 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 "A 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. 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. Appeal Basis 1: APPEAL BASIS 1 Submitted into the publie record for i m(s)Z, 3 on )/ ))Z4 . City Clerk "We dispute that the proposed development will increase the appeal or enhance Ferro Park, although admittedly this is a subjective standard." —Appellant Appeal Basis 2: APPEAL BASIS 2 '�► Submitted into the public record fgr ite}n(s) t. 5 on City Clerk More particularly, the proposed development violates key elements of the 2007 Parks Master Plan, the 2023 Parks Master Plan and the CNMP, which the planning staff did not consider. These include: • multiple provisions in the 2007 Parks Master Plan as to the role of "destination parks" and amenities that should be contained therein; • 2007 Parks Master Plan proposes to provide active recreation in the downtown area (pg 105) • multiple provisions in the 2023 Parks Master Plan about the distribution of selected recreational amenities throughout the City; • 2023 Parks Master Plan suggests exercise equipment as an amenity for community parks (parks over 4 acres, pg 176). • multiple provisions of the 2023 Parks Master Plan as it relates to the process of community input and engagement when planning for park amenities. • Pursuant to Article 7, Section 7.1.2.4.c of the Miami 21 Code, it was found that notices were sent to all Abutting property owners and registered associations in the Commission District 2 area by certified mail on or about June 1, 2023; the Planning Department received no objections for the request within 30 days. proposed exercise equipment COMPARISON Submitted into the pub record f r it(s) on City Clerk MUSEUM PARK MASTER PLAN APPEAL BASIS 3 Submitted into the pub• record f r it m(s) Appeal Basis 3: on City Clerk Within the CNMP, we argue the proposed development conflicts with the following priorities, which were absent from the analysis by the planning staff: • Policy PR-2.1.1, which requires that when recreational facilities are built in park land, development "limit building footprint on any such land, [and] will require that conversion of park land for any other purposes be subject to public procedures, and replace the converted park land with land similar in park, recreation or conservation value in terms of usefulness and location." We argue the proposed development violates this policy. ne proposed exercise equipment limits footprint to the necessary amount to fulfil its purpose. • Goal PR-3, which requires park development to "increase public access to all parks, recreation, facilities and open spaces". We argue that due to nature of the proposed amenities in the development, public access will be decreased. i he proposed exercise equipment adds a recreational use that is accessible to the public. APPEAL BASIS 3 (continued) Submitted into the publ'c record fpr item(s) L. 3 on 1 / II / Z y . City Clerk Appeal Basis 3: Within the CNMP, we argue the proposed development conflicts with the following priorities, which were absent from the analysis by the planning staff: • Objective PR-3.2.8, which requires that development "enhance the public's visual and physical access to waterfront areas" and Policy PR-3.2.8 which says "all renovations and improvements to City parks and recreational facilities will be designed to enhance rather than obstruct waterfront views." We argue that the proposed amenities clearly violate these objectives and policies The proposed exercise equipment does not obstruct waterfront views or access. • Objective PR-4.1, which asks that park development "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." We argue the proposed development violates this objective. The proposed exercise equipment adds a recreational use that is accessible to the public. PZAB Item 12 File ID: 14835 APPEAL BASIS 3 (continued) Submitted into the pubY record for iyem(s)2, 3 on 1 j 1 / 2 N City Clerk Appeal Basis 3: Within the CNMP, we argue the proposed development conflicts with the following priorities, which were absent from the analysis by the planning staff: • Policy PR-5.1.2, which states priority in park development must be given 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" We argue the proposed development violates this policy. • Policy PR-5.1.2 states that "The City's operating budget and the Capital Improvements Element (CIE) will give priority to the quality..." the project is managed by the Bayfront Management Trust. -double check • Policy PR-5.2.3, which asks that new development plans "provide opportunities for park user and neighborhood consultation in the planning and design of park and recreation facilities improvements and new parks and programs." We argue the proposed development violates this policy. • Pursuant to Article 7, Section 7.1.2.4.c of the Miami 21 Code, it was found that notices were sent to all Abutting property owners and registered associations in the Commission District 2 area by certified mail on or about June 1, 2023; the Planning Department received no objections for the request within 30 days. PZAB Item 12 file ID: 14835 APPEAL BASIS 3 (continued) Submitted into the pub1 c y record fpr itqm(s) l, 3 on 1/ ling . City Clerk Appeal Basis 3: Within the CNMP, we argue the proposed development conflicts with the following priorities, which were absent from the analysis by the planning staff: • Policy PR-6.1.2, which plainly states the City should work to implement the Museum Park Master Plan, and not move away from it. We argue the proposed development violates this policy_ l he proposed exercise equipment adds a new recreational use with a minor footprint in the open space that was proposed in the Museum Park Master Plan. The master plan serves a as a guiding document that can be modified. • Goal PR-8, which asks that park development "encourage the development of high quality cultural arts facilities and programs within the City. " We argue the proposed development violates this goal. The proposed exercise equipment does not impede this goal, they are not mutually exclusive. 0 File ID: 14835 PZAB Item 12 APPEAL BASIS 4 Submitted into the pub3 record f r it m(s) Appeal eal Basis 4: on 1/11/Z4 . City Clerk The conditional approval was approved in error due to the fact the applicant failed to provide complete and factual information as to their compliance with various city Code provisions. • The conditional approval requires that the applicant deal with the comments that were made by other city staffers during the consideration of their building permit plan. It specifically requires "review and approval" by the Environmental Resources Department of the city, which regulates tree removal permits and enforces violation against the tree ordinance. • Public records on the City's iBuild database related to the building permit application (Plan BD23- 007749-001) do not show the applicant receiving approval from the Environmental Resources Department Ahead of building permit issuance as required. Moreover, that department would not have been able to issue approval as, during the period this permit application was being considered, the applicant illegally cut down three specimen trees on their property without a permit. • The applicant sought to hide their actions, which have been brought up to City code enforcement since, by submitting a shell permit for tree removal that was never finished. • These actions by the applicant show an effort to deceive the city as to their compliance with the Code provisions. Had the city known the applicant was actively engaging in violating the tree ordinance, these conditions related to the warrant could not have been met. Recommendation: CONCLUSION Submitted into the public 3 record f ri m on �� City Clerk Motion to DENY the appeal and uphold Warrant PZ-23-16544 greenfie/ds utdoor F/tnrrs. Markle - Miami - Maurice A. Perri Part V9RION4 REVI -2O23,0M3 GREENMELDS PROPOSED OUTDOOR PITILESS ZONE Submitted into the pub record f r it m s) _ on Z City Clerk Proposed Exercise Equipment �j greenfel�ds utdoor F/tnaas rrasm Iro Florida - MUmi - Maurice A Fore Park VEIlSlON4 NEVI.2029OIl3 GREENFEiDS PROPOSED OUTDOOR FTTNESS ZONE ' greenilelds utdoor f! n�ai. Florida - Miami - Mt+urloo A. Form Park VERSION4 REV1- 2023-01-13 GREENRELDS PROPOSED OUTDOOR FITNESS ZONE Mrr .=+...ra waram t worimmiumumme .-....-. �.., y.k..�..,...d....., greenf1elds utdoor /muss Ronda - Min - M. Wes A, Reiff Park VE7SlON4 REM .2023-0Mi GREENFELDS PROPOSED OUTDOOR RTNESS ZONE Submitted into the public record r it m(s) l, on City Clerk Proposed Exercise Equipment greenfe/ds Worlds - Miami - Maurice A. Ferri Part VERSION4 REV/ - 2023-0M3 GIB PROPOSED OUTDOOR FITNESS ZONE ntj greenfields utdoor Pfl l..& Redd' - Miami - Murk* A FINE Park VERSION4 REVI - 2023.O1-13 GREENREWS PROPOSED OUTDOOR RTNESS ZONE swum ...raleimiserre• Proposed Exercise Equipment Submitted into the pubic record fpr i m(s) V Z. 3 on 1 / 11JZ)j . City Clerk Greenfie/ds Outdoor Fitness. Florida - Miami - Maurice A. Ferro Park VERSION4 REV1 - 2023-01-13 GREENFIELDS PROPOSED OUTDOOR FITNESS ZONE This Functional Fitness Rio rewires a fell ettsnnsdni memo, M-315-9037 1 wrwrrprwMNgMMMpeom Hexagon Extreme Functional Fitness Rig This unit dim 11M tellowl 1S Can.erbn paint lee optional brds r.p.s 1. Split Squats 2 Incline Ladder 3. Sit•Ups 4. Lat Pull -Ups 5. Ball Target 6. S-Shaped Pull -Ups 7. Leg Raises 8. Dips 9. Swedish Ladder 10. Cannonball Pull Ups 11. Ring Rows 12. Battle Rope Attachment 13. Flag Pole 14. Captain's Chair 15. 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