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HomeMy WebLinkAboutSubmittal-Brian Kern-PowerPoint PresentationSubmitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk 1 APPEAL OF WARRANT APPROVAL rIEC O MMENDATIO N To be presented before the City ofMiami Commission 15113 Submittal -Brian Kern-PowerPoint Presentation Submitted into the public record for item(s) PZ.3 , 114 I on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk 1 1 Submitted into the public record for item(s) PZ.3 T-ji",r WE ASM1NG on 01/11/2024 . City Clerk We are asking City Council to uphold the decision of the PZAB, reversing the decision of the Planning Director and denying the approval of a warrant (PZ- 23-16544) for the construction of a gym in in MAF Park. Appellants Mr. Smith and the 900 Biscayne Condo included competent and substantial evidence in the appeal letter to argue the decision of the Planning Director should be reversed, for two reasons: .••; • •• • • • • ••;: • • ••••. • • • • • • ;•••• • •• • • • • • •• •:•.•.•: First The conditional approval recommendation for the warrant was issued improperly, due to the planning director's incomplete interpretation of the goals set forth in the Miami Comprehensive Neighborhood Master Plan and other guiding documents. Second The conditional approval was approved improperly due to the fact the Trust failed to provide complete and factual information as to their compliance with various city Code provisions, when seeking a recommendation of approval for the warrant. �J ARGUMENTS FOR APPEAL Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk SOME BACKGROUND ON THE PROPERTY • MAURIC E FERRF, PARK Over the past few months, Ferro Park has been in the headlines due to mismanagement by the Trust that operates it. Riik6 SOUTH FLORIDA TRENDING Dolphins In Germany Crisis in Israel ONLY IN DADE SUBSCRIBER EDITION Hhtaini Herald ranottneMcuwRny Meow Naw.nr Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk News Sports Business Politics Opinion Faod & Drink Climate Change • Sports Betting Personal Finance Public Notices Obituaries Shopping nOWN row nnar, A giant tree in Miami waterfront park was chopped down by the city — without city approval BY LINDA ROBERTSON UPDATED OCTOBER 19, 20234:51 PM LOCAL WEATHER VIDEO ENTERTAINMENT INVESTIGATIONS RESPONDS NEWSLETTE... * 77. LIV,♦;TY South Florida Pol0Lios Cold Crimes Ought on Camera How to Stream l Send aTrp Newsletters 10 WEATHER ALERTS 'Such ignorance': Video of balloons being released at Miami park sparks outrage Video posted Sunday by Only in Dade shows the red balloons scattering throughout Maurice A. Ferro Parh, with some falling into Biscayne Bay. By Kristina Bugante • Published August 28, 2023 • Updated on August 28, 2023 at 1139 prn o a X ® tJ NewTimes SUPPORT US News Food &Drink Arts &Culture Music Things To Do Best of Miami Newsletters More GOVERNMENT Cementgate 2023: Eight -Year -Old Plunges into Concrete Pit at Downtown Miami Park Somewhere, deep inside a concrete foundation at Maurice A. Ferro Park, a boys sandal lies entombed. By Alex DeLuca September 12, 2023 Current (Mis)Management OfMAF Park By The Trust • Park Trust Meetings Start More Than An Hour Late, No Agenda Posted In Violation of Sunshine Laws • Unpermitted Construction of Employee Parking Lot • Benches Along Biscayne Blvd Removed and Replaced with Cemetery Plots • Poor Sod Restoration After Events Puts Park Goers At Risk • Tree Killings • No competitive bid process for $6m Bayside Fountain R Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ®Ili ref, 4 i &lir. lokid a r]hu n Ill! '111111 Ali,' rill r "It II III I! ' N Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Unpermitted Employee Parking Area Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Lawns Trashed For Events and Remediated Improperly y i e l;14'%t I iViIIt, Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk MAURIC E FERRF, PARK Formerly known as Bicentennial Park and Museum Park, Maurice Ferro Park is often described as the "crown jewel" of Miami's park system. In 2007 and 2008, at great expense to City taxpayers, an award -winning master plan for a future park was created, led by the design firm of Cooper Robertson in New York City. The commission approved the master plan on March 13, 2008. View of model from Biscayne Boulevard View of model from the South MUSEUMS AREA The design represented for the museum buildings and open spaces is for master plan purposes only. h does not represent the actual design of the museums which will be undertaken in the near future. There will be sculpture and science exhibits within the Park. Their location and character will be considered in the future. NW llth Street NW 10th Street NW 9th Street North Aren useU�5 Pt 8a Biscayne Bay Illustrative Plan A Cascade Fountain Fuente de la Cascada B Tidal Fountain Fuente de la Marea C The Lawns Los C€spedes D The Promenade La Esplanade E The Baywalk El Paseo de la Bahia F Event Space La Plaza G Park Pavilion E/ Pabe /6n del Parque H Restaurant Restaurante 1 Color Garden Jardin de Colores J Sky Garden Jardin Celestial K Bamboo Garden Jardin de BambG L Children's Garden Jardin Infantil M Rain Curtains Cortinas de Lluvia N The Scallops (knolls) Las Colinas O Costal Prairie Garden Jardin de la Pradera Costera P Observation Platform Plataforma de Observation Q Water Feature Caracter(stica Acuutica R The Island La Isla S Large Vessel Dock Muelle Grande para Barcos T Pedestrian Bridge Puente de Peatones U Soccer Feld Cancha de Fctbol Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk MAURIC E FERRF, PARK The park closed for construction in 2010 and re -opened in 2013 and 2014. While budget cutbacks meant the full master plan was not implemented at the time the park re -opened, a slimmed -down version of the design was delivered based on the idea that the master plan vision would be finished in the future, when funding was available. The master plan approved in 2008 is STILL legally the guiding principle that governs development in Ferro Park. View from the West Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk View from the South Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk View from the East Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk MAURIC E FERRF, PARK In the documents that were presented to the commission and approved in 2008, it's worth noting that the area where the outdoor gym at issue in this warrant is being proposed was clearly marked as a marquee element named "las colinas" or "the scallops". An alternative design foresaw this area as a hilly area of open fields. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk View of model from Biscayne Boulevard View of model from the South MUSEUMS AREA The design represented for the museum buildings and open spaces is for master plan purposes only. It does not represent the actual design of the museums which will be undertaken in the near future. There will be sculpture and science exhibits within the Park. Their location and character will be considered in the future. NW llth Street . Illustrative Plan A Cascade Fountain Fuente de la Cascada B Tidal Fountain Fuente de la Marea C The Lawns Los Cdspedes D The Promenade La Esplanade E The Baywalk EI Paseo de la Bahia F Event Space La Plaza G Park Pavilion El Pabelldn del Parque H Restaurant Restaurante Color Garden Jardin de Colores J Sky Garden Jardin Celestial K Bamboo Garden Jardln de Bamb0 L Children's Garden Jardin lnfantil M Rain Curtains Cortinas de Lluvia N The Scallops (knolls) Las Colinas O Costal Prairie Garden Jardin de la Pradera Costera P Observation Platform Plataforma de Observacibn Q Water Feature Caracterfstica Acuutica R The Island La Isla S Large Vessel Dock Muelle Grande para Barcos T Pedestrian Bridge Puente de Peatones U Soccer Field Cancha de FCrtbol Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk 111111 C ����NCfl'NIIIUimnn+lil --= -' - The Scallops / Las Colinas Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk r Ilj IF r - {!" .r 4,11. +T il4'!Y7'M!ViMif '1'011 ,I. ' #140M J;. Mt`I!r4fIrIP ' 'fM' OWATI'il041rettWW .Jk4:Jti:.. ..44i.l%tJiiay7 i 7.ait=2SI140t. 44.. .iia/e ►/f.4Yi,31.,.Jt iiJ ►its S! t 4.1..h deli ..�SFt..ils.�ft ais.44. ,./1fe Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Grove - Mound. Children's Garden Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk MAURIC E FERRF, PARK These planning documents are not just aspirational. Ferro Park is special, and not just because it holds a special place in our hearts, but because the commission has legally approved plans for what it should look like. While it is not reasonable to expect every single blade of grass in Ferro Park will be planted to match the drawings, the City cannot just blatantly deviate from the master plan. At the very least, the planning director cannot approve plans that conflict with the master plan or make its execution impossible. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 1 • Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 1 The conditional approval of the warrant was issued improperly, in part, due to the planning director's incomplete interpretation of the goals set forth in the Miami Comprehensive Neighborhood Master Plan and other guiding documents. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk WHAT THE CITY CODE SAYS d. Review criteria. As appropriate to the nature of the Warrant involved and the particular circumstances of the case, the following criteria shall apply to a Warrant application. The application shall be reviewed for compliance with this Code. The review shall consider the intent of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses. The review shall also apply Article 4, Table 12, Design Review Criteria, as applicable C ANALYSIS Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . 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. Miami 21 Code • 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, Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 1 We argue the planning department conducted its analysis in a way that was incomplete. Specifically, we argue that the planning department only verified that the application met three of the standards in the Miami Comprehensive Neighborhood Plan and ignored the fact the warrant application violated at least two provisions of the 2023 parks master plan, violated twelve provisions of the Miami Comprehensive Neighborhood Plan, and blatantly violated the Museum Park Master Plan Document Reference Provision Submitted into the public Violated how? recordforitem(s) pz.3 on 01/11/2024 City Clerk MCNP Objective PR 1.2 Resources should "support the parks, recreation and open space standards expected by the public, as indicated in surveys and other Outdoor gym structure is not a net benefit to the community, and does not meet the health, public safety and open space standards expected by the community. No public outreach responses to public outreach, for resources was done. and programs that benefit the community." MCNP Policy PR-2.1.1 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." The proposed development contemplated in the warrant would eliminate the continuity of a grassy open -space field in a city park meant for unstructured play and recreation. No new such area is being proposed to replace the lost field. MCNP Policy PR-2.2.1 "The City will provide appropriate staffing, services, equipment, and maintenance at all parks. Criteria for appropriateness will include park category (Citywide or neighborhood), recreation programs, demand for passive and active spaces and activities, sizes, and facilities." Outdoor gym is not appropriate for a destination park in 2023. There is no demand for this amenity. Additionally, city will not be providing appropriate staffing or resources for cleanliness and maintenance of this equipment MCNP Goal PR-3 Requires park development to "increase public access to all parks, recreation, facilities and open spaces". By creating a gym area that will not be safe for children or teens and does not attract community interest, public access to the park is being decreased. Document Reference Provision Violated how? MCNP Objective PR-3.2.8 Requires that development "enhance the public's visual and physical access to waterfront areas" and also says that "all renovations and improvements to City parks and recreational facilities will be designed to enhance rather than obstruct waterfront views." Self-evident. The sightlines to the waterfront are being obstructed by creating a man-made structure in the middle of the park where one did not exist before. MCNP Goal PR-4 Amenities must "enhance the quality of recreational and educational opportunities for all age groups, persons with disabilities, and other special needs groups." Outdoor gym amenity is age -restricted and not suitable for many park users. MCNP Objective PR-4.1 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." By creating an obstruction in an area that was foreseen as open fields in the master plan, the recreational facility being built replaces an open field and all the diverse programs that could be offered there (yoga, unstructured play, team sports, kite - flying, etc) with a single program type. MCNP Policy PR-5.1.2 States priority in park development must be given to "the quality of programs in, and the physical condition of, existing park facilities and Perhaps the second -most glaring violation of the MNCP policies. While Ferre Park is deficient in terms of facilities when compared to the master plan, the proposed development would construct new and unwanted facilities before addressing those deficiencies. to meeting existing deficiencies, before constructing new facilities for parks and recreation" Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Document Reference Provision Violated how? MCNP Policy PR-5.2.3, Asks that new development plans "provide No consultation with community groups was done before this amenity was decided on. opportunities for park user and neighborhood consultation in the planning and design of park and recreation facilities improvements and new parks and programs." MCNP Policy PR-5.3.7 "When parks are being renovated or designed, the City will evaluate the park's safety, consulting with park users, neighborhood residents" No consultation with community groups was done before this amenity was decided on. The proposed amenity is unsafe and not hygienic. MCNP Policy PR-6.1.2 Plainly states the City should "work to implement" the Museum Park Master Plan, and not move away from it. The most glaring violation of the MNCP policies. There is simply no way the planning staff considered that the recreational facility allowed by the warrant would help implement the vision in the Museum Park Master Plan. MCNP Goal PR-8 Asks that park development "encourage the development of high quality cultural arts facilities and programs within the City." In a park with access to two museums, with amenities that explore public art and access to the bayfront, this recreational facility is a step back and takes space away from what could be higher -quality and site -appropriate facilities or uses. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Document Reference Provision Violated how? 2023 Parks Master Plan Page 96 "When developing program plans and strategies, it is useful to consider all the Core program areas and individual program analyses discussed in this Program Assessment. Lifecycle, Age Segment, Classification, and Cost Recovery Goals should all be tracked, and this information, along with the latest demographic trends and Self-evident, as no community input was considered before developing the idea that an outdoor gym was needed at this park community input, should be factors that lead to program decision -making." 2023 Parks Master Plan Page 211 Maps out a logical distribution of gym facilities in the City of Miami Ignores the distribution priorities set forth in the Master Plan, replacing it with the whims of the Bayfront Park Trust leadership Museum Park Master Plan Multiple provisions See prior slides Self-evident, as the inclusion of an outdoor gym area was not only never contemplated in the master plan, but makes the execution of the concepts that were contemplated for this area of the park impossible. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk ARGUMENT # 2 • Submitted into the public record for item(s) PZ.3 on 01/11/2024 City Clerk ARGUMENT # 2 The conditional approval was approved in error due to the fact the Trust failed to provide complete and factual information as to their compliance with various city Code provisions, when applying for the warrant. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 2 On April 7, with its initial application, the Trust submitted a survey of Ferro Park to the City. The survey was initially conducted on March of 2019. The city code requires, the survey be less than 12 months old and reflect the "current" condition of the property. The city Code section is below: 3. Legal description and a certified land survey of the proposed site boundaries. The survey shall be performed in accordance with Florida Administrative Code, and dated within one year proceeding the filing date of the application, providing such survey reflects all current conditions of the subject property. The land survey shall be reviewed by the Department of Public Works and baseline information shall be provided by the Department to the applicant prior to review of the preapplication package at the preapplication meeting. LOCATION MAP NOT TO SCALE z SKETCH OF SURVEY MAURICE FERRE PARK - DOG PARK IlLEWARO SURVEYORS CERTIFICATE: 0Q,EONIS rib SURVEYOR'S NOTES: 1. THIS IS AN AS -BUILT SURVEY. THIS IS NOT A BOUNDARY SURVEY. Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk 2. THIS CERTIFIES THAT THIS AS -BUILT SURVEY, WAS PREPARED UNDER MY SUPERVISION AND THAT THIS SURVEY MEETS THE STANDARDS OF PRACTICE SET FORTH BY THE FLORIDA BOARD OF PROFESSIONAL SURVEYOR AND MAPPERS IN CHAPTER 5J-17.50 THROUGH 5J-17.52 OF THE FLORIDA ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027 FLORIDA STATUTES. THE SURVEY DEPICTED HERE IS COVERED BY PROFESSIONAL LIABILITY INSURANCE 4. ELEVATION HEREON WERE DERIVED FROM MIAMI-DADE COUNTY VERTICAL CONTROL POINTS AS SHOWN AS FOLLOWS. NAME: LOCATOR LOCATION: R-685-R ELEVATION 4.45 (NGVD 1929) 4100 N NE 11 TERR --- 131' SOUTH OF CA US HWY # 1 (BISC BLVD) --- 64' EAST OF CA DESCRIPTION. PK NAIL AND ALUMINUM WASHER /N CONC CATCH BASIN. DATE OF FIELD WORK: MARCH/2019. l HEREBY CERTIFY: That the attached AS -BUILT SURVEY is correct to the best of my knowledge and belief as recently surveyed under my direction, and meets the intent of the Minimum Technical Standards set forth by the Florida Board of Professional Surveyors and Mappers In Chapter 5J-17 Florida Administrative Code, pursuant to Section 472.027, Florida. Digitally signed by Michael Carozza Date: 2023.05.13 10:48:18-04'00' BY: MICHAEL CAROZZA DATE PROFESSIONAL SURVEYOR AND MAPPER STATE OF FLORIDA, No. 6965 Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 2 Unfortunately, the Trust 's assurance to the city that the survey represented the state of the property at the time the application was submitted is demonstrably FALSE. In mid -March and early April, before the submittal of the relevant application to the City, the Trust entered into an agreement with a theater company and began building a temporary events space within the boundaries of Ferro Park. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 2 This new construction is NOT found in the survey submitted to the City. It was done without permits, so it would also not have been obvious to a city reviewer looking at the building database. However, the theater group that the Trust partnered with on this endeavor made several posts in social media that show work was being done in mid -March and early April. This proves that the survey submitted to the city.did .. not reflect the "current condition of the property; as .. the Code mandates. microtheatermiami • Rema • Calm Down microtheatermiami MICROTHEATER MIAMI #microtheatermiami MAY 04 - 2023 " Maurice A. Ferre Park 1075 Biscayne Blvd. Miami, FI. 33132 #teatro #microteatro #teatro #teatromiami #miamilife #miamilifestyle #artist 28w edicionesaguamie - 154 likes VPRIL 7 41) 0 Add a comment... Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 2 Beyond the fact it shows the Trust violated the City Code, the faulty survey is significant for other reasons. It is clear from the notes in the planning department's analysis that the City staff believed the Trust was not engaged in any construction and would not engage in any construction that would harm any trees. In fact, the planning director makes it clear that the recommendation for approval of the warrant is CONDITIONED on tree protection measures being a key component of any work done on this site. F. 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 401 of tree #1 nor is to be done within 16' of tree #2. The applicant must also utilize structural soil and permeable materials. Submitted into the public record for item(%) PZ.3 on 01/11/2024 City Clerk ARGUMENT # 2 act that t it a faulty survey, the Trust was able to obscure -e fact that it was indeed engaged in unpermitted work that was harming trees. Beyond the creation of the unpermitted performance space, the Trust was also engaged in other work to illegally remove trees within this property. As has been documented by the Miami Herald, the Trust had plans from April to kill several trees in its property. Without obtaining a permit, the Trust mowed down a large tree by the entrance to the park in late June, while this warrant application was being considered. The Trust submitted documents to apparently cover up its tracks, and - at first -- lied publicly about the incident �f Forwarded message From: Ferro, Miguel <MFerro@miamigov.com �l Date: Tue, Jul 25, 2023 al 9:33AM Subject: RE: Tree To: James Torres <miamidnapresident@gmail.com> Dear Mr. Torres The tree was removed because it is an invasive species that create a mayor hazard for the general public. Permit was pulled and approved. The tree was a Ficus Aurea that by definition is a Florida strangler fig. (https://en.wikipedia.org/wiki/Ficus aurea) Please inform our neighbor that it was removed due to that fact and yes it was permitted, also that a big arborist plan is being prepared that will actually add more than 30 plants to our beautiful park for them to enjoy. Finally the neighbor is not correct, in that area there will be an sculpture of maestro MANOLO VALDES that will welcome everyone that comes in the park. So no LED will be there. Manolo Valdes's sculpture have been in the place Vendome as well as in Valencia, Espana during the Calatrava exhibition. It is a very important piece in the art world. If she has any other concern, do not hesitate to contact me Have a great day Building a park to be proud of. MIGUEL FERRO INTERIM EXECUTIVE DIRECTOR L BAYFRONT PARK MIAMI Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ±i�iarnilHcral� Part of the McClatchy Media Network Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk 6 78°F 81 ° 75° Business Politics Opinion Food & Drink Climate Change • Sports Betting Personal Finance Public Notices Obituaries Shopping DOWNTOWN MIAMI A giant tree in Miami waterfront park was chopped down by the city — without city approval BY LINDA ROBERTSON UPDATED OCTOBER 19, 2023 4:51 PM Miami, Florida, Oct. 6 2023 - A black -and -white photo of the 35-foot flcus tree that was cut down in Maurice Ferro Park in downtown Miami by the city of Miami in July. The city contends its roots were a tripping hazard The neighbors dispute that and point to the city not securing a proper permit for tree removal. TJ Sabo Courtesy of TJSabo IP Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk ARGUMENT # 2 marze, as this application for a warrant was being considered, the Trust: (a) conducted an illegal, unpermitted tree removal on the property, and lied to neighbors about it, (b) built a performance space and parking area illegally, without permits, (c) submitted a certified survey that hid the work done on the performance space, in violation of the City Code, and, (d) misled the City staff about its tree protection efforts on this property. Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . City Clerk Response to Planning Department • Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk WHAT THE CITY CODE SAYS The ordinance clearly says that the "guiding principles" of the Miami 21 Code MUST be considered when analyzing whether it is appropriate to issue a warrant. d. Review criteria. As appropriate to the nature of the Warrant involved and the particular circumstances of the case, the following criteria shall apply to a Warrant application. The application shall be reviewed for compliance with this Code. consider the intent of the Transect, the guiding principles of the Miami 21 Code, and the manner in which the proposed Use will operate given its specific location and proximity to less intense Uses. The review shall also apply Article 4, Table 12, Design Review Criteria, as applicable Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk Response to Planning Dept. The Miami 21 Code are both explicit that the MNCP is one of the "guiding principles" of the Miami 21 Code. LINK to COMP PLAN By State Statue, each City and County in Florida must adopt a comprehensive plan and also adopt land development regulations to implement the comprehensive plan. The Miami Comprehensive Neighborhood Plan (MCNP) was adopted as Ordinance 10544 on February 9, 1989 and contains amendments by the City Commission through December 2017. The purpose of the MCNP is to indicate how the City wil meet the needs of existing and future residents, visitors, and businesses, while preserving the character and quality of its communities. MCNP creates a policy framework that has the effect of law, to guide all public and private development decisions in the City. MCNP consists of materials (written and graphic) that describe the principles, guidlines, and standards for the orderly and balanced future development of the City (economic, social, physical, environmental, and fiscal development). The Chapters or "elements" of the MCNP encompas Goals, Objectives, and Policies for future land use, housing, parks, transportation, capital improvments, intergovernment coordination, etc. Implementation of the MCNP occurs through City land development regulations such as the zoning code, detailed housing plans, histor preservation code, environmental preservation code, and specific district or sector plans. • • • • • • • • • • • • Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk From the Miami21Code 2.1 PURPOSE AND INTENT') C 2.1.1 Title and Purpose a. This Code shall be known as the Miami 21 Code of the City of Miami, Florida. This Code is declared to be in accord with the Miami Comprehensive Neighborhood Plan, as required by the Local Government Comprehensive Planning and Land Development Regulation Act, Section 163.3161 et seq., Florida Statutes (the "Comprehensive Plan"). A rimary purpose of this Code is to implement the Comprehensive Plan. The 2023 Florida Statutes Title XI COUNTY ORGANIZATION AND INTERGOVERNMENTAL RELATIONS Chapter 163 INTERGOVERNMENTAL PROGRAMS Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk From the Florida Statutes State law is even more clear, stating that the principles of the comprehensive plan "SHALL GUIDE FUTURE DECISIONS". State law says documents incorporated andstrategies into the comprehensive plan, such ntal, and fiscal theplanandits as the Museum Park Master Plan, consistent manner and are part of the comprehensive activities,andland plan itself, with the same power of law. studies and surveys.— mplemented. The sections provided as goals, ment the comprehensive View Entire Chapter 163.3177 Required and optional elements of comprehensive plan; (1) The comprehensive plan shall provide the principles, guidelines, standards, for the orderly and balanced future economic, social, physical, environme development of the area that reflects community commitments to implement elements. These principles and strategies shall guide future decisions in a shall contain programs and activities to ensure comprehensive plans are i of the comprehensive plan containing the principles and strategies, generally objectives, and policies, shall describe how the local government's programs, development regulations will be initiated, modified, or continued to imple plan in a consistent manner. It is not the intent of this part to require the inclusion of implementing regulations in the comprehensive plan but rather to require identification of those programs, activities, and land development regulations that will be part of the strategy for implementing the comprehensive plan and the principles that describe how the programs, activities, and land development regulations will be carried out. The plan shall establish meaningful and predictable standards for the use and development of land and provide meaningful guidelines for the content of more detailed land development and use regulations. (a) The comprehensive plan shall consist of elements as described in this section, and may include optional elements. (b) A local government may include, as part of its adopted plan, documents adopted by reference but not incorporated verbatim into the plan. The adoption by reference must identify the title and author of the document and indicate clearly what provisions and edition of the document is being adopted. • • • Submitted into the public record for item(s) PZ.3 on 01/11/2024 City Clerk Response to Planning Dept. The city staff at the last meeting seemed to indicate that the only "guiding principles" that apply to the analysis of the warrant are those in Section 2.1.3 of Miami 21. That is a puzzling position, particularly since the staff EXPLICITLY included the principles of the MCNP in its analysis of its decision to recommend warrant approval, and DID NOT include the principles in Section 2.1.3 of the Code C ANALYSIS Submitted into the public record for item(s) PZ.3 , on 01/11/2024 . 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. Miami 21 Code • 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, Submitted into the public record for item(s) PZ.3 on 01/11/2024 City Clerk Response to Planning Dept. Finally, it's worth noting that even if the city planning staff does not believe the principles of the MCNP are relevant to a warrant application, the City Code says explicitly that at a quasi —judicial hearing, which includes this warrant appeal, consistency with the MNCP is "relevant and material" to the decision of the Board 7.1.4.6 Rules of evidence a. The Decision -making body shall not be bound by the strict rules of evidence, or limited only to consideration of evidence which would be admissible in a court of law. b. The chair may exclude evidence or testimony which is not Relevant, Material, or competent, or testimony which is unduly repetitious or defamatory. c. The chair, with the advice of the City Attorney, will determine the relevancy of evidence. d. Matters relating to an application's consistency with the Comprehensive Plan or "iami 21 Code will be presumed to be Relevant and Material. Submitted into the public record for item(s) PZ.3 on 01/11/2024 . City Clerk QUESTIONS? We reserve time for rebuttal