HomeMy WebLinkAboutPZAB (14835) ResolutionCity of Miami
PZAB Resolution
Enactment Number: PZAB-R-23-108
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
File ID: 14835 Date Rendered: 11/27/2023
A RESOLUTION OF THE MIAMI PLANNING, ZONING, AND APPEALS BOARD
GRANTING THE APPEAL FILED BY STEVEN SMITH, PRESIDENT OF THE BOARD
OF DIRECTORS OF 900 BISCAYNE CONDO ("APPELLANT") OF THE DECISION OF
THE PLANNING, ZONING, AND APPEALS BOARD AND 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 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 Planning Department approved Warrant
No. PZ-23-16544 with 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.
Date Rendered: 11/27/2023
City of Miami Page 1 of 3 File ID: 14835 (Revision:) Printed On: 11/27/2023
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.
WHEREAS, on September 22, 2023, Steven Smith, President of the Board of Directors of
900 Biscayne Condo ("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 Appellant's appeal to the PZAB claims that the Warrant is
inconsistent with the 2007 and 2023 Parks Master Plans; and
WHEREAS, the 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, develop public parks and open spaces that are aesthetically appealing
and enhance the character and image of the City; and
WHEREAS, the PZAB has found that the application failed to meet the applicable
criteria described in Article 4, Table 12 and Article 7, Sections 7.1.1.2 and 7.1.2.4 of the
Miami 21 Code; and
WHEREAS, 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;
NOW, THEREFORE, BE IT RESOLVED BY THE PLANNING, ZONING AND
APPEALS BOARD 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.
City of Miami Page 2 of 3 File ID: 14835 (Revision:) Printed On: 11/27/2023
Section 2. The Planning, Zoning, and Appeals Board ("PZAB") hereby grants the
appeal of Warrant No. PZ-23-16544 and reverses the decision of the City's Planning
Department to approve the Warrant.
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 become effective immediately upon its adoption.
THIS DECISION IS FINAL UNLESS APPEALED IN THE HEARING BOARDS
DIVISION WITHIN FIFTEEN (15) DAYS.
Reviewed and Approved:
Lakisha Hull AICP LEED AP BD+C
City of Miami Page 3 of 3 File ID: 14835 (Revision:) Printed On: 11/27/2023