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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 SUAREZ FRANCIS XAVIER NAME OF BOARD. COUNCIL, COMMISSION, AUTHORITY, OR COMMITTEF MIAMI CITY COMMISSION L T 0 ,-I-.0 fV N 0 MAILING ADDRESS 3500 PAN AMERICAN DRIVE THE BOARD. COUNCIL. COMMISSION. AUTHORITY OR COMMITTEE ON WHICH I SERVE ISAUNIT OF: g CITY GI U OTHER LOCALAGEN' •V fV CITY COUNTY MIAMI MIAMI DADE NAME OF POLITICAL SUBDIVISION: CITY OF MIAMI Q a DATE ON WHICH VOTE OCCURRED 22 April 2021 P MY POSITION IS: d ELECTIVE CI APPOINTIVE o EEi 4 WHO MUST FILE FORM 8B v 4° 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 commission, authority, or committee. It applies to members of advisory and non -advisory bodies who are presented with a voting 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 forni veiore completing and filing the form. 0 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 Q WITHIN 15 DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person respos,ible.yfyir rec3Ming the minutes of the meeting, who should incorporate the form in the minutes. . ; ••' '4 1-, t APPOINTED OFFICERS: r. ro Although you must abstain from voting in the situations described above, you are not prohibited by Section 112 3143 frd n other vise participating in these matters. However, you must disclose the nature of the conflict before making any attempt to irx Qyncelte decision, whether orally or in writing and whether made by you or at your direction. `i IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THVO 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 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. g`7 i Si/bald-fed- M orJuY.e z- frm g8 dor) f L C F PAGE 1 Submitted into the public record for item(s) PZ.12 on 04-22-2021, City 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 l 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) ,,inured to my special private gain or loss; )* Y inured to the special gain or loss of my business associate, �A6e/4s 11 sod fro- IAA' P inured h u ed to especial 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 , which 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: Please see the copy of the attached memorandum, which provides a detailed explanation. 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 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 $10,000. CE FORM 8B - EFF. 11/2013 Adopted by reference in Rule 34-7.010(1)(f), F.A.C. PAGE 2 Litg f 4 lia i, FXnxti�x FRANCIS SUAREZ MAYOR TO: Honorable Members of the City ommission FROM: Mayor Francis X. Suarez •'(_ • RE: Agenda Item PZ 12 / File Number 8718 3500 PAN AMERICAN DRIVE M11�1 , FLORIDA33133 J a5) 25 00 FAY�B05) 8001 r• 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 11 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 8718 Office of Zoning RESOLUTION 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 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 s_ rI cu Q N a U t o a ri E o i N 0 N N -a E ° r c v, O City of Miami Page 52 Printed on 4/14/2021 City of Miami Legislation Resolution: City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com 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 ADMINISTRATOR'S DENIAL OF THE CERTIFICATE OF USE FOR A Q CANNABIS DISPENSARY AND/OR CLINIC FOR THE PROPERTY; MAKING cu FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR o AN EFFECTIVE DATE. N a-+ a-+ WHEREAS, on March 21, 2019, pursuant to Section 2-211 of the Code of the City of E Miami, Florida, as amended ("City Code"), 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 ("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-21-009 i a vote of seven to four (7-4) granting the appeal filed by the Applicant and reversing th Zon 's Administrator's denial of the Certificate of Use for the Property; and—o WHEREAS, Section 2-211(a) of the City Code states that the Zoning Adminisator ray deny the issuance of a Certificate of Use for good cause; and —o WHEREAS, Section 7.1.2.1 of the Miami 21 Code indicates that the Zoning Adrnanstrar shall withhold a Certificate of Use unless he finds that all of the requirements of the Miawil21 Code have been met; and r 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: 4/21/2021 N N O 0 U a) a U 0 N O N N Ct' O c 0 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 restrictive than its permitting or locations for pharmacies licensed under Chapter 465, Florida Statutes, except that such facilities may not be located within 500 feet of a public or private v elementary, middle, or secondary school unless the municipality approves the location through a formal proceeding open to the public at which the county or municipality determines that the o location promotes the public health, safety, and general welfare of the community; and v WHEREAS, while marijuana for medical purposes is allowed by state law under Section • 381.986, Florida Statutes, marijuana remains illegal under federal law because it remains E classified as a Schedule I drug by the Drug Enforcement Administration under the Controlled Substances Act of 1971; and 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 lice; a NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITI'OF MIAMI, FLORIDA: • N Section 1. The recitals and findings contained in the Preamble to this Resolutiar 'are .- adopted by reference and incorporated as if fully set forth in this Section. =4 • Section 2. The City Commission hereby grants/denies the appeal giving rise to thi Ypulsnt hearing, affirms/reverses the decision of the PZAB as set forth in Resolution No. PZAB-1-0+ 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: 4/21/2021 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: [`r ra 73 Cr1 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. City of Miami Page 3 of 3 File ID: 8718 (Revision:) Printed on: 4/21/2021 Submit an Appeal to the City Commission, PZAB, or HEPB Submission date: 5 March 2021, 4:OOPM Receipt number: 27 Related form version: 9 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). 03/04/2021 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.xlsx full payment of fees associated with the appeal. Binderl.pdf 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 property owners within 500 feet of the IYour information 90 NE 1 AVE ABUTTING OWNERS.xIs �,. N N "_- `r -o r` 1 of 3 What is your name or the name of your law firm Tamara Allen Frost representing as authorized representative? •U N i Please provide your email. Tfrost@miamigov.com - v • a T Please provide your phone number? 9542480037 4.2 • v U o ▪ E ri What is the administrative decision/interpretation PZAB-r-21-009 E +=' o L N number or the resolution number you are appealing? v ° N a4-, -a N All of your documents shall become a public record. Appeal.pdf - v o = c Please upload all of your required documents as Binderl pdf v' o detailed online. A summary list of the documents you hb-certification-of-prop-owners-cuappeal.pdf need to submit is the following: 1) Appeal Letter 2) Proof RE_ Appeal re_ Marijuana CU - 90 NE 11 of Lobbyist Registration 3) Corporate Resolution from Street.Waive.pdf 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 pdf documents, i.e. Disclosure to Support or Withhold Supp.pdf Objection, Power of Attorney, etc. 90 NE 1 AVE ABUTTING OWNERS.xlsx Digital Signature and Submission Please type your full name here and sign below. Tamara Allen Frost 3j 2 of 3 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 3 of 3 Eit of ��i�trrci 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 oh 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. Sincere! epr-ate Ta' ara 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 N i Qv Ca.. Nd U w . 4-0 o E ri - }, N .— • i N Q) 4— N E ° 0 cn • 0 Ci#u of 4liami 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. Feel free to contact me with any questions. Thank you. Sincerely 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 N �-i N d -71 a1 O 4- 0 v O Litt nf 4Thami 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 d axi:L. 14, Ta'rnara Allen Frost Interim Zoning Administrator Office of Zoning City of Miami OFFICE OF ZONING 444 S.W. 2nd Avenue, 2ncl Floor / Miami, Florida 33130 / Phone: (305) 416-1499 Fax (305) 416-2156 Mailing Address: P.O. Box 330708 Miami, Florida 33233-0708 U 0- Ca) t 4—, O 4, a—+ E 0 V) Owner Name R.1'-`: , Mailing Address CORNER 11 LLC 06 301 WESTT 41 ST #406 MIAMI BLOCK 17 LLC 1021 PR 22 PM 6263 ROBINSON ST 1036 NORTH MIAMI AVENUE LLC r i� 1035 NORTH MIAMI AVENUE #400 1030 NORTH MIAMI AVE LLC CITY 4- 1--:.,`r_`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 0 A CU r-i N 0 N N 0 0 MIAMI DADE COUNTY 111 NW 1 ST STE 2460 127 NE 11 LLC 2200 BISCAYNE BLVD 29NE11STREETLLC POBOX11191 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 OFFLA 1000NW111AVE PARAMOUNT MIAMI WORLDCENTER CONDOMINIUM ASSOCIATION, INC. 851 NE 1 AVE ra -71 073 r• • CD CT'1 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 c MIAMI FL 33131 USA MIAMI FL 33131 USA MIAMI FL 33131 USA c. 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 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 (79 A �.J - w U L) r-i 0 N N 0 C 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 Wd ZZ 2Idti IZOZ Submitted into the public record for item(s) PZ.12 on 04-22-2021, City Clerk 0131360160150 0131360160310 0131360950010 0131370310060 0131370310070 0131370360025 0131370360060. 0132310250160 0132310250270 0131370390001 Submitted into the public record for item(s) PZ.12 on 04-22-2021, City Clerk March 4, 2021 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) 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, Sig1ature City of Miami, Planning Department Printed Name or Company Name 444 SW 2 Avenue, 3 FL Address (305) 416-1315 Telephone rshedd(a�miamigov.com E-mail 111.0 0 U_ 0 v 0 4-. 0 4-4 • a..+ E N 0 0 c—i N 0 N N N 0 0 Rev. 10-18 From: Frost, Tamara To: Ketterer, Amber L.; Zamora, Olga Cc: Lee. Erica; Brown, Kemarr Subject: RE: Appeal re: Marijuana CU - 90 NE 11 Street. Date: Thursday, March 4, 2021 4:54:00 PM Attachments: image004.onq Good Afternoon, 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 2nd Avenue, 2ndFloor Miami, FL 33130 Phone: (305)416-1493 v Submit an Appeal to the City Commission, PZAB, or HEPB Submission date: 4 March 2021, 4:01PM Receipt number: 26 Related form version: 9 ISubmitting 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). 03/04/2021 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 .- anft ry v N L rI 4J CL fV U O E C• O -0 N -0 E Ov 0 " o 1 of 3 What is your name or the name of your law firm Tamara Allen Frost/ Interim 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? All of your documents shalt 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 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 Tfrost@niamigov.com 19542480037 pzab-r-21-009 Letterl .pdf Please type your full name here and sign below. Tamara Allen Frost r rn 731. fW N 2 of 3 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 Wd ZZ bdW MI U N Y CU Q N U ✓ — +� O , ri c �, N O 13 L N w N - -0 N E o c 0 3 of 3 March 4, 2021 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) 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, s Sigature City of Miami, Planning Department Printed Name or Company Name 444 SW 2 Avenue, 3 FL Address (305) 416-1315 Telephone rsheddAmiamigov.com E-mail • N c-I N E a) O 3 0 U 4J 4J 0 0 r-i N 0 N 0 O Rev. 10- 18 Owner Name Z i Mailing Address CORNER 11 LLC 301 WESTT 41 ST #406 MIAMI BLOCK 17 LLC 2 at APR 22 P ' � �i7 6263 ROBINSON ST 1036 NORTH MIAMI AVENUE LLC .. - - • 3i_.ERli 1035 NORTH MIAMI AVENUE #400 1030 NORTH MIAMI AVE LLC Of c 6 —'-`ell 'j -;= "t�n41 301 WEST 41 ST#406 SIRIUS REALTY DEVELOPMENT LLC 5080 BISCAYNE BLVD STE A PUG44 LLC 8616 LA TIJERA 103 PUG44 LLC 8616 LA TIJERA 103 60 NORTHEAST 11TH LLC 6263 ROBINSON ST 50 NE 11TH STREET LLC 200 SW 1ST 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 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 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 c, MIAMI FL 33131 USA -•41 MIAMI FL 33131 USA C•,c, 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 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 Ti_ 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 rn 7J W co From: Frost, Tamara To: Ketterer, Amber L.; Zamora, Olga Cc: Lee, Erica; Brown, Kemarr Subject: RE: Appeal re: Marijuana CU - 90 NE 11 Street. Date: Thursday, March 4, 2021 4:54:00 PM Attachments: imacie004.onq Good Afternoon, 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 Alien Frost, MPA Assistant Director Office of Zoning 444 SW 2nd Avenue, 2ndFloor Miami, FL 33130 Phone: (305)416-1493 —D —z- C:) CO Submit an Appeal to the City Commission, PZAB, or HEPB Submission date: 4 March 2021, 4:01PM Receipt number: 26 Related form version: 9 ISubmitting 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). 03/04/2021 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 c —n CD 741 C) ear:, 3 � r C7 1 of 3 What is your name or the name of your law firm Tamara Allen Frost/ Interim 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? 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 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 Tfrost@miamigov.com 19542480037 pzab-r-21-009 Letterl.pdf Please type your full name here and sign below. Tamara Allen Frost 0 N N Q) 0 >- 0 ri N 0 N N N 1. 0 c 0 2 of 3 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. ***F 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 V N i _0 c• l a n a u a • U o v ri - • }, N •- O L • N a 4- N 1 -0 N E o n cn • o 3 of 3 ait 4Thmi March 5, 2021 ARTHUR NORlEGA, 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. Feel free to contact me with any questions. Thank you. Sincerely Tamara Allen Frost interim Zoning Administrator Office of Zoning City of Miami o -n a 33. '�2z3) fl Cr:'-_ ^ 'V1 O 4.0 M 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