Loading...
HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: 16562 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION TO RECONSIDER RESOLUTION NO. R-24-0212, WHICH DENIED THE APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY MANAGER, AND MIGUEL FERRO, THE THEN EXECUTIVE DIRECTOR OF BAYFRONT PARK, ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY 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. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16562 Final Action Date:1/22/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION TO RECONSIDER RESOLUTION NO. R-24-0212, WHICH DENIED THE APPEAL FILED BY ARTHUR NORIEGA V, CITY OF MIAMI CITY MANAGER, AND MIGUEL FERRO, THE THEN EXECUTIVE DIRECTOR OF BAYFRONT PARK, ("APPELLANT") OF THE DECISION OF THE PLANNING, ZONING, AND APPEALS BOARD THEREBY 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 to the City of Miami ("City") 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, also known as 1075 Biscayne Boulevard, which is the address historically used for Maurice A. Ferre Park permitting ("Property"); and WHEREAS, on September 7, 2023, the City's Planning Department approved Warrant No. PZ-23-16544 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. Review and approval by Environmental Resources is required prior to issuance of a building permit. 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, ("PZAB 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 PZAB Appellant's appeal to the PZAB claims that the Warrant is inconsistent with the 2007 and 2023 Parks Master Plans; and WHEREAS, the PZAB 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, to develop public parks and open spaces that are aesthetically appealing and enhance the character and image of the City; and WHEREAS, on November 15, 2023, the PZAB, 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, thereby reversing the decision of the Planning Director to approve Warrant No. PZ-23-16544; and WHEREAS, on November 21, 2023, Arthur Noriega V, City Manager of the City, and the then Interim Executive Director of the Bayfront Park Management Trust, Miguel Ferro (together, "Appellant") timely appealed PZAB's approval of the appeal to the City Commission and claims, in sum, that the Warrant meets all requirements of the Miami 21 Code, the MCNP, and all other legal requirements; and WHEREAS, on May 9, 2024, the City Commission approved for a ballot question to be submitted to the city electorate at the August 20, 2024 election, which read, "Shall the City of Miami keep already installed outdoor gym equipment like in many of our parks at the city park located at 1075 Biscayne Boulevard, Miami, Florida 33132, also known as Maurice A. Ferre park, to enhance recreational facilities and promote community health and fitness for all our residents?"; and WHEREAS, on May 23, 2024, based on the testimony and evidence on the record, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, the City Commission heard the City's appeal from November 21, 2023 and affirmed the decision of the PZAB, which reversed the Planning Director's approval of Warrant No. PZ-23- 16544; and WHEREAS, on August 20, 2024, seventy-nine percent (79.34%, to be exact) of the City electorate voted in the affirmative to keep the installed gym equipment at Maurice A. Ferre Park; and WHEREAS, in light of the extraordinary and substantial change in circumstances and demonstrated public need and interest, such as the August 20, 2024 referendum, the City Commission wishes to reconsider the appeal from the City Manager; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION 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. Section 2. The Miami City Commission hereby moves to reconsider the appeal filed by the Appellant for Warrant No. PZ-23-16544. 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 be effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: rge Wyy ng III, C ty ttor -y 9/3/2024 1 This Resolution shall become effective as specified herein unless vetoed by the Mayor within ten (10) 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 or upon the effective date stated herein, whichever is later.