HomeMy WebLinkAboutSubmittal-1330 NW 2nd Court (Mary Mays)1330 NW 2nd Court
("Mary Mays'
Appeal of Zoning Administrator's
Determination Denying
Issuance of Building Permit
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Mary Mays Sign- Outlook
Media of South Florida
V Lease or ownership interest in the site
✓FDOT Form 575-070-04 signed by the City
✓FDOT permit (Tag) - #920 & 921
. Building Permit
. Amended Permit pursuant to a Settlement
Agreement (Section 10.4.5)
. Removal of 2 signs prior to construction of the
proposed sign
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Building Permit should issue to
Outlook Media of South Florida
CBS consented to the approval of the FDOT
permit application for Outlook, on CBS' behalf
• City approved FDOT form in Outlook's name,
which provides the outdoor advertising sign is
"in compliance with all duly adopted local
ordinances and has been or will be issued
the necessary permits"
"Necessary permits" includes a building permit
Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
CBS Changed their Position
• CBS was asserting that Outlook is trying to
take one of CBS' Amended Permits
. This is not true- Outlook has only applied for a
building permit- NOT an Amended Permit
Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Direct Re -processing of
rL Building Permit
. Issuance of Building permits to Outlook will moot
pending writ of mandamus against City of
Miami
. Approval of building permit prevents damages arising
from expiration of FDOT tags
FDOT tags expire if a building permit has not been issued
within 270 days of the issuance of the FDOT tag
. Terms of the assignment of the lease, FDOT permit,
and building permit are private business matter
between CBS and Outlook, but approval of the
building permit takes the City out of the middle
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Direct Re -processing of
Building Permit
. No liability or default under CBS
Settlement Agreement- Outlook is not
taking an Amended Permit from CBS
. Proffered Conditions
"Amended Permit"" allocated prior to
construction
No LED
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Mary Mays Sign- Outlook
Media of South Florida
V Lease or ownership interest in the site
✓FDOT Form 575-070-04 signed by the City
✓FDOT permit (Tag) - #920 & 921
. Building Permit
. Amended Permit pursuant to a Settlement
Agreement (Section 10.4.5)
. Removal of 2 signs prior to construction of the
proposedSubmitted into the public
sign
record in connection with
item PL.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Questions?
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Reserve Time for Rebuttal
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Ed"
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. . Thompson
City Clerk
?;2/12/2008 13:58
8775489120
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Mary E. Mays
17326 N.W. 6191 Place
Miami, FL 33015
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December 8, 2008
Outlook Media of South Florida, LLC
2295 S. Hiawassee Rd., 4203
Orlando, FL 32835
PAGE 02
PEDRO G, HERNANDEZ, P.E.
City Manager
CERTIFIED ASML
BETM RECEIPTS) AAQUSSTED
7006 2760 0001 5320 2766
7006 2760 0001 5320 2773
Re: Building Department Permit Application for Construction of Billboard
Job Site: 1.330 NW 2"d Ct., Miami, FL
Mary Mays Site
Gentlemen:
The Building Department is in receipt of a Permit Application, received
November 5, 2008, for the construction of a billboard at the above -referenced location.
This application is denied for the following reasons:
Section 10.4.5 of the Miami Zoning Ordinance provides as follows-
10.4.5.
ollows:
,i0.4.5. Outdoor advertising signs; nem, signs of outdoor
advertising prohibited.
For the purposes of this section, "Outdoor advertising
signs" are signs used in the conduct of the outdoor
advertising business; an outdoor advertising
business, for the purpose of this section, is defined
- -
- -.
as the business of receiving or paying money for
displaying signs where the sign copy does not
pertain to the use of the property, a product sold, or
the sale or lease of the property on which the sign is
displayed and which does not identify the place of
business as purveyor of the merchandise or services
o` Y
advertised on the sign ,
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Except as otherwise provided in Articles 4 and 10 and/or
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the City Code, or. pursuant to this subsection, no
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DEPARTMENT CSF ZONING
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444 SAV. 2nd Avenue, 4"Floor, Miami, Fl 33130 (305) 416-1499 Telecopier (305) 416-1490
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Mailing Address: P.O. Box 33070E Miami, Florida 33233-07DO
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12/12/2098 13:58 8775489120 PAGE 03
Mary E. Mays
Outlook Media of South Florida, LLC
December 8, 2008.
Pagel
new freestanding_ "Outdoor advertising signs," as
defined above shall be allowed.
With respect to existing outdoor advertising signs, Section
926.15 "Outdoor advertising signs" of Ordinance
11000 adopted in 1990, the Zoning Ordinance of
the City of Miami, and dealing with "Outdoor
advertising signs," is hereby repealed to the extent it
is inconsistent with any provision contained in this
Article. Nothing, however, in this Article shall
affect those provisions of Section 926.15 requiring
the termination and removal of freestanding outdoor
advertising signs from the premises on which they
were located not later than five (5) years following
the date they became nonconforming as a result of
the passage of Ordinance No. 11000 in 1990, and
such provisions shall continue to be operative and
given full force and effect. Moreover, nothing in
this Article shall affect any legal proceedings begun
and all legal proceedings that might have been
begun under these provisions of Ordinance No.
11000, as adopted in 1990, and such proceedings
shall be given full force and effect.
�
Notwithstanding any provision of this Zoning Ordinance to
the contrary, permits for outdoor advertising signs
may be issued pursuant to a Settlement Agreement
authorized by Resolution passed by the City
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Commission, in conjunction with the settlement of
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related litigation. which expressly authorizes
issuance of such Permits for said outdoor
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advertisingsigns, and then only under the terms and
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conditions of settlement agreements that result in a4.1
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net reduction'in the party to the settlement's number
of outdoor advertising signs located in the City of
f
Miami.
Consequently, no new "Outdoor advertising signs" are permitted in the City of .
Miami (hereinafter the `'City") except pursuant to a Settlement. Agreement authorized by
the City Commission that results in a net reduction in the number of "Outdoor advertising
signs" located in the City. The City Commission authorized such a settlement agreement
with CBS Outdoor, Inc. (hereinafter "CBS"), on April 28, 2008.
Under paragraph 4 of the CBS Settlement Agreement, CBS is required to comply
with all applicable Florida Department of Transportation (hereinafter "FDO'")
12/12/2668 13:58 8775489126 PAGE 64
Mary E. Mays
Outlook Media of South Florida, LLC
December 8, 2008
Page 3
regulations for any Outdoor advertising sign constructed under the Settlement
Agreement. FDOT requires a permit for the construction of Outdoor advertising signs, to
enforce their spacing regulations. FDOT requires the applicable municipality to sign -off
on the permit prior to its issuance.
i
On May 2, 2008, CBS authorized Outlook Media of South Florida, LLC.
(hereinafter "Outlook Medial% to file applications for outdoor advertising sign permits
! with FDOT on CBS' behalf, and notified the City of that authorization. (See letter
attached as Exhibit "A").
On June 10, 2008, CBS and Outlook Media entered into a Letter of
Understanding concerning the above -referenced site. That letter acknowledged that
Outlook Media would be submitting an FDOT Outdoor Advertising Application to the
City for the above -referenced location, pursuant to authority granted in the CBS'
Settlement Agreement with the City. (See letter of understanding attached as Exhibit
«B„
On June 12, 2008, pursuant to CBS' written authorization of May 2, 2008, the
City executed a FDOT Application for Outdoor Advertising Sign Permit for the above -
referenced site, indicating that the Outdoor advertising sign identified in the Application
"[i]s in compliance with all duly adopted local ordinances and has been or will be issued
the necessary permits." (See FDOT Permit Application attached as Exhibit "C").
Subsequently, FDOT issued Florida Sign Permits to Outlook Media for this site (See
FDOT Permits CG 920 & CG 921 attached as Exhibit "D-1 & D-2").
Under paragraph 19(f) of the CBS Settlement Agreement, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only after
any attempted assignment is approved in writing by the City Commission. Any
attempted assignment in violation of these requirements is void. The City has not been
provided with any evidence that CBS has assigned its rights under the CBS Settlement
Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment.
Subsequently, on October 24, 2008, CBS notified the City in writing, through its
attorney, Glenn N. Smith, Esq., of Ruden, McClosky, et al., that, pursuant to the CBS
Settlement Agreement, and its previous authorization to Outlook. Media to file
Applications for Outdoor Advertising Permits with FDOT on CBS' behalf, it was
withdrawing the above -referenced site as a location for an Outdoor advertising sign under
the Settlement Agreement (See letter of October 24, 2008 attached as Exhibit E).
On November 5, 2008, Outlook Media, as lessee, and Maty E. Mays, as owner,
submitted the subject Permit Application for an Outdoor Advertising Signa at the above -
referenced site, without providing any evidence of: (a) CBS' consent to, approval of, or
joinder in, the Application; (b) an assignment of rights in the CBS Settlement Agreement
to Outlook Media approved by the City Commission; and/or (c) the satisfaction of, the
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On June 10, 2008, CBS and Outlook Media entered into a Letter of
Understanding concerning the above -referenced site. That letter acknowledged that
Outlook Media would be submitting an FDOT Outdoor Advertising Application to the
City for the above -referenced location, pursuant to authority granted in the CBS'
Settlement Agreement with the City. (See letter of understanding attached as Exhibit
«B„
On June 12, 2008, pursuant to CBS' written authorization of May 2, 2008, the
City executed a FDOT Application for Outdoor Advertising Sign Permit for the above -
referenced site, indicating that the Outdoor advertising sign identified in the Application
"[i]s in compliance with all duly adopted local ordinances and has been or will be issued
the necessary permits." (See FDOT Permit Application attached as Exhibit "C").
Subsequently, FDOT issued Florida Sign Permits to Outlook Media for this site (See
FDOT Permits CG 920 & CG 921 attached as Exhibit "D-1 & D-2").
Under paragraph 19(f) of the CBS Settlement Agreement, CBS has the right of
assignment of its rights and obligations under the settlement agreement, but only after
any attempted assignment is approved in writing by the City Commission. Any
attempted assignment in violation of these requirements is void. The City has not been
provided with any evidence that CBS has assigned its rights under the CBS Settlement
Agreement to Outlook Media with regard to this Outdoor advertising sign, nor has the
City Commission been requested to approve any such assignment.
Subsequently, on October 24, 2008, CBS notified the City in writing, through its
attorney, Glenn N. Smith, Esq., of Ruden, McClosky, et al., that, pursuant to the CBS
Settlement Agreement, and its previous authorization to Outlook. Media to file
Applications for Outdoor Advertising Permits with FDOT on CBS' behalf, it was
withdrawing the above -referenced site as a location for an Outdoor advertising sign under
the Settlement Agreement (See letter of October 24, 2008 attached as Exhibit E).
On November 5, 2008, Outlook Media, as lessee, and Maty E. Mays, as owner,
submitted the subject Permit Application for an Outdoor Advertising Signa at the above -
referenced site, without providing any evidence of: (a) CBS' consent to, approval of, or
joinder in, the Application; (b) an assignment of rights in the CBS Settlement Agreement
to Outlook Media approved by the City Commission; and/or (c) the satisfaction of, the
12/12/2008 13:58 8775485120 PAGE 05
Mary E. Mays
Outlook Media of South Florida, LLC
i December 8, 2008
Page 4
other requirements for the erection of an Outdoor advertising sign under the CBS
Settlement Agreement, including, but not limited to, the applicable sign removal
requirements and permit fees. These material omissions prevent us from, taking any
further action at this time except to deny the Pennit Application.
Because of the City's denial of this Permit Application for the reasons set forth
above, this Application has not been reviewed by the necessary disciplines.
.Consequently, the City reserves the right, should it be necessary in the future, to assert
any other deficiencies, technical or otherwise, that may exist in this Permit Application.
Should you have any questions, please do not hesitate to contact me. Thank you.
Sincerely,
des Slazyk
oning Administrator
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Submitted into the public
�record in connection with
. item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
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Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
SCBS
OUTDOOR
May 2, 2008
Orlando Toledo
Senior Director
City Manager's Office
City of Miami
444 SW 2nd Avenue
Miami, Florida 33130
Dear Orlando,
CBS Outdoor, Inc. and Outlook Media of South Florida, LLC have signed a letter of
understanding dated May 1, 2008 (the "Agreement"). Please accept this letter as
confirmation that In accordance with the terms of the Agreement, CBS Outdoor, Inc,
consents to Outlook Media of South Florida, LLC filing Appltcatlons for Outdoor
Advertising Permits with the Florida Department of Transportation on our behalf,
Yours truly,
r-CkS Outdoor., Inc.
Llttl�
VP OF Real tstate SE
6904 CYPRESS PARK DRIVE, TAMPA, FL 33634-4462 • (813) 889-5541 • FAX (9L3) 896-8744 • cbsontdoor.cotn
�r1:DLihYi_.si�¢...ensu't`,.,:.auserk�hrwi"Wk':l'i.'�u.l` L�1n"'cleLl.''`=`:L�k` '�.=.��5��° d ••�c'�- �t .`c` °
r Submitted into the public
record in connection with
1 item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
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f Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
3
'jP�ge 1
Harklwy and%ot Stuy Tliornton
0-0ook Media of Souch != fond& LL.C;
229.5 S, Himw"See Kd. Suiir 203
O.,IwNio, FL 326351
Rt. Unader5.anding berwccn CBS Cut door, Ino. and G4°io"A MOd;s of SOLth
FlOfida. LLC ("OW)
Cear Fisrklry
This lever Sets foath the undarstanding bVA-1tem CSS mnd 0M concerning a prospective
,;Ae krlDwn io tKti of us u tht '-Mi y Mitys° vile to be ut;lizzd in aonjunr-iion wrth the,
Settlemesttt Agraertrent b%ween CBS anti the Miry of lvlitarnil (,-Cicy") T)�t parries 8c0otwieclge
aand 'agree as follows:
i, OM hke submitted wi FDOT ODA aypnication fbiv io the City and the: City has
signed the fort indicMing les appre4al of th-z T*4un• Misys situ pursuemt 47 ttK CBS
rcttis:ttcnt!egr acmeae with the Citw.
2. CBS will rrtsign its i"ttrest i:l its "Mary, mays" Lease to OM fol no mcinettrry
:ration,
3. Lf OM ill succestful irl 0bminrnS a FDC)T Pet'lmt for the site, the pvzics agrez &. at
1141thev OM ttor CBS will build, soil, conv.y, (erste, or tat terry cther way seal, to
gain rno,rattary cotasldvation wish re%pact :o Ih% Letw and tht Ptryivri�s) w•iihcut
*% vuritten Dpprova1l Of tho other party.
This Lector is binding bvcwea.s the parrira. anct e:stabli5h*5 ttie major buslnGSL points and
conditioers of the p'artrbe, agr*eamerat tae this rransuction. HOwevfr, it is toot ail,in,alusive rn thrt o
does not oortuln all tilt dtaal PC4M. nc i'arties a,gret ttj expand upon dils Lemr. of
Unders=ding in hood fititie to prepare a fut6 egreenwrit that,, cm, be r�XecuteA within thirty (30j
bays of the date of this Lcmr of Urtdem-aonding. Such a,gmem,mt shall be ro nsistert! with th
eertni of this Letter of Understanding and t--,wtx:rr such furTht-r tc"r.s turd cotditions ns are
,raut,ial)y bccepcmble to the Pt,aje5. Hew+ever, dve failure Of the Partit"S to crfmpitte a i4ii
agreemont Shall nrt invalidwe The terms of this Lev�cr of i;Pnafe.rsvalt iin}y Or tXCL15C dither F''ttrt%.
fr-Or;) Performing its oblie,aaiOft> Smd respomi;;iiitiL.s as set fL.rth Fnere,in
IfYOU we i,ti agtetmert: "-ah the fc)- e,g.trrer&, P'kwc indicate snrerr tetow.
Outlook Media of sr.uth Fla' - LLC � � C'B3 C:utdc,or. 1,1C
rolalahw, M' zoo
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Submitted into the public 1
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
�` City Clerk
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Submitted into the-public-
record
hepublicrecord in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
4
12/12/2008 13:58 877548912.0 PAGE 08
FLORIDA DEPARTMENT OF TRANSPORTATION R,� �
WAY
occ- IWM
j RE: Application for outdoor advertising sign permit
To be completed by applicant:
Name of Applicant or Company:. Outlook Media of South Florida -LLC
Sign is: ❑ existing proposed
County: Miami -Dade Municipality, If applicable: City of Miami
Highway Name & Number. 1-395
Sign location description: Approx . 2501 N . of NW 13 ST on W/ S of NW 2 CT.
Section: 3 6 Township: 5 3 5 Range: 41E
parceliD 01-3136-036-0020
To be completed by appropriate zoning official: / // / /j
Designation of parcel on the Future Land Use Map: �Vedf rn Dep; i /11 U(. ,A rnr 4/ t4
eS �t? 5-i 'C7`� d (� nf��
The allowable land uses under this designation are (list all): /YIP/i, um de t7 ;i K-111 resi d i� -tli
6-0 ,wee so v4 -A 0✓n eC -/-.o _ -' n o �-
NOTE; Copies of the applicable pages of the land use documents may be submitted in lieu of listing all allowable uses
above.
Is •location withhin city limits: VYes ❑ No If yes, name of city: ZZ la M /
Please provide the name and telephone number of the person the Department may contact If additional information is
required:
Name: .ta(U��c�_ S ,( �!� Telephone:
r -
I certify that the above information reflects the designation of the parcel as It is shown on the current comprehensive
plan adopted pursuant to chapter 163, Florida Statutes, and that I am authoriz9d to sign this form on behalf of fhe
county/ palfty-named above;
I Cv
I: Si atu local Government OMAI Data
C L.)/ -des SrRc� 2 � O r vi 3N7 (,? (S
vPrinted Name and f{ie
NOTE: Form must be cornpleted not more than six (6) months prior to recelpt of the completed outdoor adveftis)ng permit
application by the Department.
Local Government Permission: Please complete the items below, You may submit another form of written statement
I' Indicating that the sign complies with all local governmental requirements. For a proposed sign location, a copy of the
i' building permit issued b the local ovemmer t may be submitted.
I: 9P Y 9
The outdoor advertising sign identified in this application: v�/ --
[�is in compliance with all duly adopted local ordinances and has been or will be Issued the necessary pernits�
❑Is not in compliance with local ordinances, but is legally e)dsting as a non -conforming sign.
l: ❑Is not in compliance with local ordinances and is/would be considered to " an illegally maintained structure.
(certify that I represent the governmental entity within whose jurisdiction the sign described herein Is fowted and. that the
Iideterrninpbakv�fflected in this section js�nade under my delegated authority.
W
§ignaWre VLocal G/ovemment/Official 1IDate /
20V7 /75 ll��WI / n /S !7^Gl ' -V f� • — --- -
�rintefd�Name and Title /' �1 �
L�,lt7 std Title
/�,'T7 0/'1
NOTE: Farr
mus be completed not more than six (6) months prior to receipt of the mpleted o
1 ppiiration by the Department. i Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
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Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
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August 21, 2008
Wayne Strickland, FDOT
Outdoor Advertising Control
60.5 Suwannee Street
Tallahassee, 171,32399
Dear. Mr. Strickland,
Ulf ' is n -
7EXHIBiTcl,1
PEDRO G. HERNANDE.Z, P.E.
City Manancr
This letter is in reference to the FDOT permit application for an outdoor
advertising permit filed by Outlook Media of South Florida LLC for a sign to be located
at Approx. 250' N. ofNW 13th St on W/S of NW 2nd Ct. also know as the Mary Mays
site folio # 01-3136-036-0020. The Tag # given by FDOT is CG745.
The City of Miami approval for the site application was made in error and we kindly
request that FDOT rescind the permit. We would like FDOT to rescind the above
mentioned permit so that this particular site will not block the placement of a billboard on
another site, which we have approved in accordance with one of our settlement
agreements.
1 apologize about any inconvenience this relight have caused you; but rest assured 1 am
looking into our process to prevent this from happening again. Please let me know if you
have any questions.
Respectfully,
-Lourdes Slazyk G ;
Cite of Miami
Zoning Administrator
cc. Joe Little
submitted into the public
record in connection with
item PZA on 05-28-09'
Priscilla A. Thompson
City Clerk
DEPAR -fMFNT OF ZOIN NG
444 S.1w. 2'nc.l .Avenue. 4° Floor, :Miami, F_ 331 3D CO ) 4161 Guo Telecopier ;305 416-149n
Mai IinE Address: !:� �. °o 30700 Miam:, Florida ?_ _..3•-i.;'DE
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Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Miami Zoning Board
Resolution No.: 0.8-079
Monday, October 20, 2008
Mr. Cornelius Shiver offered the following resolution and moved its adoption
Resolution:
AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO.
11000, THE ZONING BOARD GRANTED THE APPEAL BY HARKLEY R.THORNTON
OF THE ZONING ADMINISTRATOR INTERPRETATION DATED AUGUST 21, 2008,
REGARDING THE REVOCATION OF THE "OUTLOOK MEDIA OF SOUTH FLORIDA,
LLC' SIGN PERMIT.
Upon being seconded by Ms. lleana Hernandez -Acosta,
the motion was passed and adopted by the following vote:
Mr. Bret Benin
No
Mr. Ron Cordon
Away
Mr. Joseph H. Ganguzza
Away
Mr. Charles A. Garavaglis
Yes
Ms. lleana Hernandez -Acosta
Yes
Mr. Lazaro Lopez
Yes
Mr. Juvenal A. Pine
Yes
Mr. Cornelius Shiver
Yes
Mr. Richard Tapia
Yes
Mr..,Agg!..USqui4i..
Yes
AYE: 7
NAY: 1
NO VOTES: 0
ABSENT: 2
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Ms, Fernandez: Motion passes 7-1
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Teresita L, Ferna dez, Executive Svw6retary
Hearing Boards
File ID#: 08-01081za Z.5
City of Miami
City Hall
3500 Pan American Drive
Miami, FL 33133
www.miamigov.com
Meeting Minutes
Monday, October 20, 2008
7:00 PM
Miami City Hall
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Zoning Board
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Mr. Juvenal Pine, Chairperson
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Mr. Charles Garavaglia,Vice Chair
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Mr. Richard Tapia, Member
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Mr. Angel Urquiola, Member
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Mr. Bret Berlin, Member
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Mr. Joseph Ganguzza, Member
Mr. Cornelius Shiver, Member
Ms. Ileana Hemandez-Acosta, Member
Mr. Ron Cordon, Alternate Member
Zoning Board Meeting Minutes October 20, 2008
Present: Member Urquiola, Vice Chairperson Garavaglia, Member Hernandez -Acosta, Member
Ganguzza, Chairperson Pina, Member Lopez, Member Tapia, Member Berlin and Member
Shiver
Absent: Member Cordon
INVOCATION
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
SWEARING IN OF PUBLIC
AGENDA ITEMS (RESOLUTIONS)
' Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
City of Miami Page 2 Printed on 10/21/2008
Zoning Board Meeting Minutes October 20, 2008
Z.1 04-00897xt ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING AN EXTENSION OF TIME FOR A VARIANCE
GRANTED BY THE ZONING BOARD ON OCTOBER 29, 2007, RESOLUTION
NO. ZB 07-0103, VOTE OF 6-2, FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE
19, ARTICLE 4, SECTION 401, C-1 RESTRICTED COMMERCIAL, TO ALLOW
A RELAXATION OF THE TERMS OF THE ORDINANCE IN HEIGHT,
SUBJECT TO ALL APPLICABLE CRITERIA: PROPOSED HEIGHT 168'8"
A.G.L. AT TOP OF ROOF SLAB; ALLOWED HEIGHT 135'6" (120'0" AT THE
BASE BUILDING LINE PLUS AN ADDITIONAL 15'6" AS DELINEATED BY A
45 -DEGREE INWARD SLOPING PLANE); REQUEST TO BE WAIVED 332",
AND TO ALLOW A RELAXATION OF THE TERMS OF THE ORDINANCE IN
LOT COVERAGE SUBJECT TO ALL APPLICABLE CRITERIA, INCREASING
FOOT PRINT FROM THE 40% MAXIMUM ALLOWED TO 54.12%
PROPOSED, FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2255,
2263 AND 2295 SOUTHWEST 37TH AVENUE, 3685 AND 3695 SOUTHWEST
23RD STREET, AND 3672 AND 3688 SOUTHWEST 22ND TERRACE, MIAMI,
FLORIDA.
LOCATION: Approximately 2255, 2263 and 2295 SW 37th Avenue; 3685
and 3695 SW 23rd Street and 3672 and 3688 SW 22nd Terrace
[Commissioner Tomas Regalado - District 4]
APPLICANT(S): Adrienne F. Pardo, Esquire, on behalf of Statvel Three, LLC, a
Florida Limited Liability Company
FINDINGS:
PLANNING DEPARTMENT: Recommended denial of original application and
approval of Extension of Time.
PURPOSE: This will allow a new mixed-use structure with less height and
more footprint than allowed.
04-00897xt Analysis.PDF
04-00897xt Zoning Map.pdf
i
04-00897xt Aerial Map.pdf
04-00897xt Application & Supporting Docs.PDF
04-00897xt Plans.PDF
04-00897xt ZB 10-29-07 Fact Sheet.pdf
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04-00897xt ZB Reso.pdf
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04-00897xt Extension of Time Request. PDFQ
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04-00897xt ZB 10-20-08 Fact Sheet.pdf
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Motion by Member Shiver, seconded by Member Tapia, that this matter be APPROVED
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PASSED by the following vote.
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Votes: Ayes: 6 - Member Lazaro J. Lopez, Member Ileana Hemandez-Acosta, Chairperson Juvenal
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Pina, Member Richard Tapia, Member Bret Berlin and Member Cornelius Shiver
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Noes: 2 - Vice Chairperson Charles Garavaglia and Member Angel Urquiola
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Absent: 2 - Member Joseph Ganguzza and Alternate Member Ron Cordon
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ZB-08-076
City of Miami Page 3 Printed on 1012112008
Zoning Board Meeting Minutes October 20, 2008
Z.2 07-00385xt ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING AN EXTENSION OF TIME FOR A SPECIAL
EXCEPTION GRANTED BY THE ZONING BOARD ON DECEMBER 10, 2007,
RESOLUTION NO. ZB 07-0109, VOTE OF 6-3, AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 4, SECTION 401, CONDITIONAL PRINCIPAL USES OF C-2
ZONING CLASSIFICATION NUMERAL 12, TO ALLOW MULTIFAMILY
RESIDENTIAL STRUCTURES OF A DENSITY EQUAL TO R-3 OR HIGHER,
IN THIS CASE, R-4, FOR THE PROPERTIES LOCATED AT
APPROXIMATELY 1454-66-70-72-82 NORTHWEST 36TH STREET AND
1455-71-75-81-95 NORTHWEST 35TH STREET, MIAMI, FLORIDA.
LOCATION: Approximately 1454-66-70-72-82 NW 36th Street and
1455-71-75-81-95 NW 35th Street [Commissioner Angel Gonzalez - District 1]
APPLICANT(S): Tony Recio, Esquire, on behalf of Florida Industrial, LLC,
Owner and PHG Holdings, LLC, Contract Purchaser
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with a condition* of
original application and approval of the Extension of Time.
*See supporting documentation.
PURPOSE: This will allow a new multifamily residential development within the
C-2 Liberal Commercial district.
07-00385xt Analysis. PDF
07-00385xt Zoning Map.pdf
07-00385xt Aerial Map.pdf
07-00385xt Letter of Intent.pdf
07-00385xt Application & Supporting Docs.pdf
07-00385xt Plans.pdf
07-00385xt ZB 12-10-07 Fact Sheet.pdf
07-00385xtZB Reso.pdf �
07-00385xt Extension of Time Request.PDF i
07-00385xt ZB 10-20-08 Fact Sheet.pdf li
Motion by Member Tapia, seconded by Member Shiver, that this matter be APPROVED
PASSED by the following vote.
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Votes: Ayes: 7 - Member Lazaro J. Lopez, Member Ileana Hernandez -Acosta, Member Richard Tapia,
i, 3 3
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Vice Chairperson Charles Garavaglia, Member Angel Urquiola, Member Bret Berlin and
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Member Cornelius Shiver
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Absent: 3 - Chairperson Juvenal Pina, Member Joseph Ganguzza and Alternate Member Ron
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Cordon
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ZB-08-077
61
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City of Miami Page 4 Printed on 10/21/2008
Zoning Board Meeting Minutes October 20, 2008
Z.3 07-01171xt ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING AN EXTENSION OF TIME FOR A SPECIAL
EXCEPTION GRANTED BY THE ZONING BOARD ON OCTOBER 29, 2007,
RESOLUTION NO. ZB 07-0098, VOTE OF 8-0, AS LISTED IN ORDINANCE
NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF
MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A VEHICLE RENTAL
FACILITY IN A C-1 RESTRICTED COMMERCIAL DISTRICT, SUBJECT TO
APPLICABLE CRITERIA AND REGULATIONS AS SET FORTH IN SECTION
947 OF ORDINANCE NO. 11000, FOR THE PROPERTY LOCATED AT
APPROXIMATELY 3195 NORTHEAST 2ND AVENUE, MIAMI, FLORIDA.
LOCATION: Approximately 3195 NE 2nd Avenue [Commissioner Marc David
Sarnoff - District 21
APPLICANT(S): Christopher E. Pruitt, Principal, on behalf of Hertz Corporation
and Ruben Matz, Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with conditions* of
original application and approval of the Extension of Time.
*See supporting documentation.
PURPOSE: This will allow a vehicle rental facility.
07-01171 xt Analysis. PDF
07-01171xt Zoning Map. pdf
07-01171xt Aerial Map. pdf
07-01171xt Application & Supporting Docs. PDF
07-01171xt Plans. PDF
07-01171xt ZB 10-29-07 Fact Sheet.pdf
07-01171xtZB Reso.PDF
07-01171xt Extension of Time Request.pdf
07-01171xt ZB 10-20-08 Fact Sheet. pdf
Motion by Chairperson Pina, seconded by Member Hernandez -Acosta, that this matter be
APPROVED PASSED by the following vote.
Votes: Ayes: 8 - Member Lazaro J. Lopez, Member Meana Hernandez -Acosta, Chairperson Juvenal
Pina, Member Richard Tapia, Vice Chairperson Charles Garavaglia, Member Angel Urquiola,
Member Bret Berlin and Member Cornelius Shiver
Absent: 2 - Member Joseph Ganguzza and Alternate Member Ron Cordon
ZB-08-078
�'Submitted into the public
record in connection with
item PZ -4 on 05-28-09.
Priscilla A. Thompson
City Clerk
City oJMiami Page 5 Prinied on /0/2//2008
Zoning Board Meeting Minutes October 20, 2008
Z.4 08-00905x ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A SUPPER CLUB,
FOR THE PROPERTY LOCATED AT APPROXIMATELY 55 NORTHEAST
24TH STREET, MIAMI, FLORIDA.
LOCATION: Approximately 55 NE 24th Street [Commissioner Marc David
Sarnoff - District 2]
APPLICANT(S): Iris V. Escarra, Esquire, on behalf of Keisha Watson, Contract
Purchaser, and Rosenthal LLC, Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with conditions*.
*See supporting documentation.
PURPOSE: This will allow the Lollipop supper club.
08-00905x Analysis (OLD).PDF
08-00905x Analysis.PDF
08-00905x Zoning Map.pdf
08-00905x Aerial Map.pdf
08-00905x Application & Supporting Docs.PDF
08-00905x Plans.PDF
08-00905x ZB 09-22-08 Fact Sheet.pdf
08-00905x ZB 10-20-08 Fact Sheet.pdf
Motion by Member Shiver, seconded by Member Tapia, that this matter be DEFERRED
PASSED by the following vote.
Votes: Ayes: 7 - Member Lazaro J. Lopez, Member Ileana Hernandez -Acosta, Chairperson Juvenal
Pina, Member Richard Tapia, Vice Chairperson Charles Garavaglia, Member Angel Urquiola and
Member Cornelius Shiver
Absent: 3 - Member Joseph Ganguzza, Member Bret Berlin and Alternate Member Ron Cordon
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
City of Miami Page 6 Printed on 10/21/2008
Zoning Board Meeting Minutes October 20, 2008
Z.5 08-01081za ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD DENYING OR GRANTING
THE APPEAL BY HARKLEY R.THORNTON OF THE ZONING
ADMINISTRATOR INTERPRETATION DATED AUGUST 21, 2008,
REGARDING THE REVOCATION OF THE "OUTLOOK MEDIA OF SOUTH
FLORIDA, LLC' SIGN PERMIT.
APPELLANT(S): Harkley R. Thornton
FINDINGS:
OFFICE OF ZONING: Denial or dismissal of the appeal.
PURPOSE: This is an appeal of a letter written by the Zoning Administrator.
08-01081za Appeal Letter.PDF
08-01081za Zoning Administrator Interpretation. PDF
08-01081za ZB 10-20-08 Fact Sheet.pdf
Motion by Member Shiver, seconded by Member Hernandez -Acosta, that this matter be
APPROVED PASSED by the following vote.
Votes: Ayes: 7 - Member Lazard J. Lopez, Member Ileana Hemandez-Acosta, Chairperson Juvenal
Pina, Member Richard Tapia, Vice Chairperson Charles Garavaglia, Member Angel Urquiola and
Member Cornelius Shiver
Noes: 1 - Member Bret Berlin
Absent: 2 - Member Joseph Ganguzza and Alternate Member Ron Cordon
ZB-08-079
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
City of Miami Page 7 Printed on 10/21/2008
Zoning Board Meeting Minutes October 20, 2008
Z.6 08-01077ac ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD, WITH ATTACHMENT(S),
APPROVING OR DENYING A PETITION TO CLOSE AND VACATE THE
ALLEY BETWEEN SOUTHWEST 24TH ROAD AND SOUTHWEST
25TH ROAD FROM SOUTHWEST 4TH AVENUE TO SOUTHWEST
5TH AVENUE, MIAMI, FLORIDA.
LOCATION: Approximately between SW 24th Road and SW 25th Road
from SW 4th Avenue to SW 5th Avenue [Commissioner Joe M. Sanchez -
District 3]
APPLICANT(S): Cesar and Rosangela Cantt, Owners
FINDING(S):
PLANNING DEPARTMENT: Recommended approval.
PUBLIC WORKS DEPARTMENT: Recommended approval with a condition*.
PLAT & STREET COMMITTEE: Recommended approval with a condition* on
September 6, 2007 by a vote of 3-2.
*See supporting documentation.
PURPOSE: This will allow a unified residential site.
08-01077ac Planning Recommendation Letter.PDF
08-01077ac Analysis.PDF
08-01077ac Public Works Analysis.pdf
08-01077ac Plat & Street Letter.PDF
08-01077ac Zoning Map.pdf
08-01077ac Aerial Map.pdf
08-0 1 077ac Application & Supporting Docs. PDF
08-01077acZB 10-20-08 Fact Sheet.pdf
Motion by Member Ganguzza, seconded by Member Hernandez -Acosta, that this matter be
DENIED BY THE ZONING BOARD, PASSED by the following vote.
Votes: Ayes: 7 - Member Lazaro J. Lopez, Member Ileana Hernandez -Acosta, Chairperson Juvenal
Pina, Member Richard Tapia, Vice Chairperson Charles Garavaglia, Member Joseph Ganguzza
and Member Cornelius Shiver
Noes: 1 - Member Angel Urquiola
Absent: 2 - Member Bret Berlin and Alternate Member Ron Cordon
ZB-08-080
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
City of Miami Page 8 Prinied on /0/2//2008
Zoning Board Meeting Minutes October 20, 2008
Z.7 06-00374x2 ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 9, SECTION 917.6, TO ALLOW UP TO 50%
PARKING REDUCTION IN PARKING REQUIREMENTS FOR HOUSING FOR
LOW INCOME FAMILIES AND INDIVIDUALS, TO WAIVE 98 OF THE
REQUIRED 190.PARKING SPACES (48% REDUCTION), FOR THE
PROPERTY LOCATED AT APPROXIMATELY 501 NORTHWEST 36TH
STREET, MIAMI, FLORIDA.
LOCATION: Approximately 501 NW 36th Street [Commissioner Michelle
Spence -Jones - District 5]
APPLICANT(S): Tony Recio, Esquire and Estrellita Sibila, Esquire, on behalf of
IEA CADY, LLC, Owner and Vista Mar Apartments, Ltd., Contract Purchaser
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PURPOSE: This will allow less parking than required for housing for low
income families and individuals.
06-00374x2 Analysis. PDF
06-00374x2 Zoning Map.pdf
06-00374x2 Aerial Map.pdf
06-00374x2 Letter of Intent.PDF
06-00374x2 Application & Supporting Docs.PDF
06-00374x2 Plans.PDF
06-00374x2 ZB 10-20-08 Fact Sheet.pdf
Motion by Member Shiver, seconded by Member Tapia, that this matter be DEFERRED
PASSED by the following vote.
Votes: Ayes: 5 - Member Ileana Hernandez -Acosta, Member Richard Tapia, Vice Chairperson Charles
Garavaglia, Member Angel Urquiola and Member Cornelius Shiver
Absent: 5 - Member Lazaro J. Lopez, Chairperson Juvenal Pina, Member Joseph Ganguzza,
Member Bret Berlin and Alternate Member Ron Cordon
r Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
City oJMiami Page 9 Printed on 10/21/2008
Zoning Board Meeting Minutes October 20, 2008
Z.8 08-01075x ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING A SPECIAL EXCEPTION AS LISTED IN
ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE
CITY OF MIAMI, ARTICLE 4, SECTION 401, TO ALLOW A USE AS AN
ANIMAL CLINIC, FOR THE PROPERTY LOCATED AT APPROXIMATELY
1718 WEST FLAGLER STREET, MIAMI, FLORIDA.
LOCATION: Approximately 1718 W Flagler Street [Commissioner Joe M.
Sanchez - District 3]
APPLICANT(S): John R. Herin, Esquire, on behalf of Gavilan, Inc, d/b/a
Central Veterinary Clinic and Dolores R. Hernandez, Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended approval with a condition*.
*See supporting documentation.
PURPOSE: This will allow an animal clinic.
08-01075x Analysis.PDF
08-01075x Zoning Map.pdf
08-01075x Aerial Map.pdf
08-01075x Application & Supporting Docs.PDF
08-01075x Plans.PDF
08-01075x ZB 10-20-08 Fact Sheet.pdf
Motion by Vice Chairperson Garavaglia, seconded by Member Shiver, that this matter be
APPROVED WITH CONDITIONS PASSED by the following vote.
Votes: Ayes: 8 - Member Lazaro J. Lopez, Member Ileana Hernandez -Acosta, Chairperson Juvenal
Pina, Member Richard Tapia, Vice Chairperson Charles Garavaglia, Member Angel Urquiola,
Member Joseph Ganguzza and Member Cornelius Shiver
Absent: 2 - Member Bret Berlin and Altemate Member Ron Cordon
ZB-08-081
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
City of Miami Page 10 Primed on 10121/2008
Zoning Board Meeting Minutes October 20, 2008
Z.9 08-01082v ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING A VARIANCE FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE
19, SECTION 1901, ARTICLE 11, SECTION 1106.1, ARTICLE 8, SECTION
803.3.2, COCONUT GROVE NCD -3 (R-1) SINGLE-FAMILY RESIDENTIAL
DISTRICT, TO ALLOW A REDUCTION OF THE REQUIRED FRONT
SETBACK, TO ALLOW A FRONT SETBACK OF 15'5" (20'0" REQUIRED),
FOR THE PROPERTY LOCATED AT APPROXIMATELY 84 WEST SHORE
DRIVE, MIAMI, FLORIDA.
LOCATION: Approximately 84 W Shore Drive [Commissioner Marc David
Sarnoff - District 21
APPLICANT(S): Susan Garcia, Owner
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PURPOSE: This will allow less front setbacks than required.
08-01082v Analysis.PDF
08-01082v Zoning Map.pdf
08-01082v Aerial Map.pdf
08-01082v Application & Supporting Docs.PDF
08-01082v Plans.PDF
08-01082v ZB 10-20-08 Fact Sheet.pdf
Motion by Member Tapia, seconded by Member Urquiola, that this matter be APPROVED
PASSED by the following vote.
Votes: Ayes: 8 - Member Lazaro J. Lopez, Member Ileana Hernandez -Acosta, Chairperson Juvenal
Pina, Member Richard Tapia, Vice Chairperson Charles Garavaglia, Member Angel Urquiola,
Member Joseph Ganguzza and Member Cornelius Shiver
Absent: 2 - Member Bret Berlin and Altemate Member Ron Cordon
ZB-08-082
Submitted into the public
record in connection with
item PZ.4 on OS -28-09
Priscilla A. Thompson
City Clerk
City of Miami page 11 Printed on 1012112008
Zoning Board Meeting Minutes October 20, 2008
Z.10 08-01083v ZB RESOLUTION
A RESOLUTION OF THE MIAMI ZONING BOARD WITH ATTACHMENT(S)
APPROVING OR DENYING VARIANCES FROM ORDINANCE NO. 11000, AS
AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE
19, SECTION 1901, ARTICLE 4, SECTION 401, C-1 RESTRICTED
COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS OF THE
ORDINANCE FOR REQUIRED OFF-STREET PARKING SPACE, TO WAIVE
13 OF THE REQUIRED 16 PARKING SPACES (NEW RESTAURANT USE)
AND ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, C-1
RESTRICTED COMMERCIAL, TO ALLOW A RELAXATION OF THE TERMS
OF THE ORDINANCE FOR OPEN SPACE, TO WAIVE 1,290 SQUARE FEET
(2,482 SQUARE FEET MINIMUM REQUIRED), FOR THE PROPERTY
LOCATED AT APPROXIMATELY 2898 BISCAYNE BOULEVARD, MIAMI,
FLORIDA.
LOCATION: Approximately 2898 Biscayne Boulevard [Commissioner Marc
David Sarnoff - District 2]
APPLICANT(S): Bharat Chatani, President, on behalf of Global Elements, Inc.
FINDINGS:
PLANNING DEPARTMENT: Recommended denial.
PURPOSE: This will allow less parking and less open space than required for a
new restaurant.
08-01083v Analysis.PDF
08-01083v Zoning Map.pdf
08-01083v Aerial Map.pdf
08-01083v Application & Supporting Docs.PDF
08-01083v Plans.PDF
08-01083v ZB 10-20-08 Fact Sheet.pdf
Motion by Member Urquiola, seconded by Member Ganguzza, that this matter be
APPROVED FAILED by the following vote.
Votes: Ayes: 2 - Member Angel Urquiola and Member Joseph Ganguzza
Noes: 5 - Member Lazaro J. Lopez, Chairperson Juvenal Pina, Member Richard Tapia, Vice
Chairperson Charles Garavaglia and Member Cornelius Shiver
Absent: 3 - Member Ileana Hernandez -Acosta, Member Bret Berlin and Alternate Member Ron
Cordon
ZB-08-083
Submitted into the public
record:in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
City of Miami Page 12 Prinied on 10121/2008
H"a�5
C53
Submitted into the public
record in connection with
item PZA on OS -28-09
Priscilla A. Thompson
City Clerk
illRuden
McClosky
October 24, 2008
Via E -Mail and U.S. Mail
Warren Bittner, Esq.
Assistant City Attorney
City of Miami - City Attorney's Office
444 SW 2nd Avenue, Suite 945
Miami, Florida 33130-1910
200 EAST BROWARD BOULEVARD
SUITE 1 500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(9S4) S27-2466
FAX: (9S4) 333-4066
GLENN.SM ITH@RUDEN.COM
Re: City of Miami ("City") / CBS Outdoor, Inc. ("CBS") Settlement Agreement
Dear Warren:
Attached hereto is a list of the sites for which CBS, or Outlook on CBS's behalf, has
previously submitted FDOT applications to the City (with one exception) for the City's approval
in order that state permits may be obtained. The list contains four categories, as follows:
1. Categories 1 and 2 identify sites for proposed Initial Amended Permits and
proposed Amended Permits. Each of these sites is permittable under FDOT rules in that each
site meets the 1500 foot spacing requirement.
2. Category 3 contains sites which are under consideration by CBS and for which
there are pending state issues. For instance, many of them would only be permittable if 1000
foot spacing is approved by the legislature. Another site is the subject of an appeal concerning
the issuance of a state permit.
3. Category 4 is a list of the sites which are being withdrawn by CBS.
We ask that Orlando and Peter immediately review this list and inform us of any issues
that may exist as to each site. Additionally, we assume that the FDOT application for the
Lummis site can now be signed off by the City. In this regard, we ask that Peter have the
appropriate official sign off on the CBS application for this site. --
FTL:2940043:1
Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
AnrA RAMN . f OPGf AC . FT I AI In FRn AIF . UIGUI I. NAV I Pg. nAI.G nn . PODT GT I I If IF . CAR CMA A. GT PFTFPGRI IPf: . TGI I AHA GGFF . TG -PA . WFGT PAI A 0.Faf H
Page 2
Please contact me if you have any questions.
Sincerely,
Glenn N. Smith
GNS:lad
Enclosure
CC: Mr. J. C. Clements
Mr. Joe Little
Mr. Billy Long
Mr. Ed Scherer
Veronica Xiques, Esq.
FTL:2940043:1
Submitted into the public
record in connection with
item PZA on 05-28-09
I
Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
RnrA RATFTN . rAR A rAI . FT I AI IFIFRFIAIF. MIAMI . NAVI F, . n9l AKInn . Pn FT IT I I IrIF . CAP A In TA -IT RFTFFCR I.lar. .'TAI I AHA CCFF • TMVA . WFGT VAI M RFArH
0
0
0
Initial Amended
Ii
Property Owner
ADDRESS
i FO O
Zoning
Gateway
Comment
e 1t
1_
-2
gity of Miami (Jose Marti) —
362 SW 4th Street ES 1-95 n/o SW
;10-2030-701-030
PR
i Yes
City of Miami (Fern Isle)_ ��_
�!,Lummls
NS SR836 w/o 22nd Ave
113-1340-800-00_10_
PR
-�
3
_
350 NW 2nd Si
—
01-0110-090-1070 _
-�
O
Yes
4A
Op enhelm RE Venture LLC _
M—
245 NE 37th St
01-3219 045-0_020
SD -8_
Yes
4BTitan
1085 NE 7e Street
01-3207-016-2930
C-1
Amended Permit
Property Owner
ADDRESSI
OF LIO fl
Zoning
Gateway
Comment
5
FDOT_
660 NW 201h Street
1101-3136-035-0340
I
7 _
City of Miami (Grapeland)
_
1201 NW 42"° Avenue _ __ 01 X132-027-0010
1400 NW
Ave 37°' Ave (NS SR 836 400 ft w/o NW'01-3132.000 0080 --
YG1—I
L&cations under
Property Owner
ADDRESS
j FOLIO #
Ii
I
Zonirm
Gateway�
Co en
(';.onsideration
pending
resolution of
State Issues
8 —_
FuOrno Land Co. —_ _
-
3_621 _NE_CT _ _
01-3124-0_22-0160
SD -8
Yes
9
Ha1co Holdings
170
170 NE 38th ST (NS 1-195 w/o NE 21
101-3124-022-0120
I
C-1
Yes
location would have to be removed
if Oppenheim 4A Is constructed.
10
Sevennine LLC
_ _
1700 SW 3rd Ave
_
01-4138-001-2070
C-1
11
Tacolcy Development Edison
670 NW 6th Cl
01-3113-087-0030
C-1
12
Issac
5850 NW 65th ST
01-31 i3-025-0100
C-1
13
Srebnick Mgt LLC Austin Burke
545 NW 26th ST
01-3125.025-0320
1
14
Bakehouse
561 NW 32nd St
01-3125-020-0630
GA
15
Conternprary Contractors
4291 NW7th Ave
01-3124-003-1440
C -i
16
GT Used Trucks
636 NW 23rd ST
01-3125-035-0360
1
17Elks
Lode
4945 NW 7th Ave
01-3124-001-0340
C-1
18 _
City,of Miami Gibson Park
350 NW 13th ST
01-3136-058-0010
PR
19
Tanaka
570 NW 67th St
01-3113-025-0041
C-1
New. FDOT form not previously
submitted to City
Locations we ares
V�1 Jthdraw�in�o
Property Owner
ADD
1
{ FOLIO #
Gateway
Zoning t way
345 NE 36' ST LLC (Richards)
345 NE 36 ST
13-2190-000-080
C 1 ^
_Withdra_w
— Withdraw
Cam Partners
328-334 Fia ler
01-4137-036-0020
C-1
Yes
~Withdraw -
Mary Mas 11330
NW 2nd Court
01.3136-036-0020
C-1
Yes
Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
0
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
illRuden
,McClosky
October 23, 2008
Via E -Mail and U.S. Mail
Santiago Echemendia, Esq.
Tew. Cardenas LLP
Four Seasons Tower
1441 Brickell Avenue, 15th Floor
Miami, Florida 33131-3407
Re: CBS Outdoor/Outlook Media — Mary May Site
Dear Santiago:
200 EAST BROWARD BOULEVARD
SUITE 1500
FORT LAUDERDALE, FLORIDA 33301
POST OFFICE BOX 1900
FORT LAUDERDALE, FLORIDA 33302
(954) 527-2466
FAX: (954) 333-4066
GLEN N.SMITH@RUD£N.COM
The purpose of this letter is to confirm the position of CBS with respect to the Mary May
site under CBS's Settlement Agreement with the City of Miami and the Letter of Understanding
dated April 21, 2008 with Outlook (the "Letter of Understanding"). The background facts
concerning this site are as follows:
1. Outlook, with CBS's approval, submitted an FDOT application for this site to the
City. The City signed off on the application and the application was submitted to FDOT for
issuance of a state permit. FDOT did in fact issue a state permit for this location.
2. Outlook's actions in obtaining a state permit for this site were performed on
behalf of CBS. The site was to be tendered to CBS as one of the sites to be obtained by Outlook
and offered to CBS under paragraphs 2c and e of the Letter of Understanding.
3. A meeting was held in August, 2008, between CBS and City staff to discuss
3 o several issues concerning the Settlement Agreement between CBS and the City, none of these
tN CL issues having to do with the Mary May site. At that meeting, the City, through its
o c CL representatives, informed CBS that the City's sign -off on the FDOT application for the Mary
v 3 May site had been made in error and was going to be withdrawn. The City representatives stated
n -I W M ° that one of the City Commissioners had promised a competing site to Clear Channel under the
300 3 M proposed amendment to the Clear Channel agreement with the City.
o
�- n FTL:2937977:2
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA RATON • CARACAS • FT. LAUDERDALE • MIAMI - NAPLES • ORLANDO • PORT ST. LUCIE • SARASOTA • ST. PETERSBURG • TALLAKAS.SEE • TAMPA • WEST PALM BEACH
Page 2
4. In light of the City's posture that the City had approved this location in error, CBS
committed to withdraw its application for the Mary May site. CBS made this decision to avoid
conflict with the City over this location, particularly since CBS and the City have just begun to
cooperate to enable CBS to obtain the 15 amended permits under the Settlement Agreement.
5. At a more recent meeting, CBS re -confirmed to the City that CBS will withdraw
its application for the Mary May site and will be sending a letter to the City confirming CBS's
withdrawal of its application for this location.
Although CBS is not required to do so under the Letter of Understanding, CBS hereby
confirms that, in light of the foregoing factual background, CBS agrees to give Outlook the same
credit and financial compensation for the Mary May site that Outlook would have received under
the Letter of Understanding if CBS had built a sign on that site. Thus, CBS hereby gives
Outlook credit for one location under paragraph 2C of the Letter of Understanding and agrees
that Outlook is entitled to a development fee of $200,000.00 under paragraph 2e of the Letter of
Understanding. CBS will pay said $200,000.00 to Outlook in accordance with paragraph 2d of
the Letter of Understanding, provided that Outlook assigns to CBS the FDOT application and the
state permit and reassigns the lease to CBS. If Outlook so desires, it can surrender the state
permit directly to FDOT.
It is CBS's intent to place Outlook in the same position that it would achieved under the
Letter of Understanding as if CBS had built a sign at the Mary May site. It is further CBS's
intent and belief that by giving Outlook the credit for a site and paying the development fee of
$200,000.00, CBS has in fact placed Outlook in this position.
Please contact me a call if you have any questions.
Sincerel ,
Glenn N. Smith
GNS:lad
CC: Mr. J. C. Clements
Mr. Joe Little
FTL:2937977:2
Submitted into the public
record in connection with
item PZ.4 on 050509
Priscilla A. Thompson
City Clerk
RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A.
BOCA BATON • CARACAS • FT. LAUDERDALE - MIAMI • NAPLES • ORLANDO • PORT $T. LUCIE • SARASOTA • ST. PETERSBURG • TALLAHASSEE • TAMPA • WEST PALM BEACH
u
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
i
� N
M C
Folio Number, Ol - 313 L' 0 6 - ° 6 °
M
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O
v
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Phone: Ki A E -Mail: N A
Unit No: t4 p
Lessee: ou"76oc WED)il o a,rr+k t�Ri A
Commercial ❑ Residential ❑ Dry Run
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Job Description: &0gfiTRLPn% tv fZD
Company's Narue:Cc Ny.%.4LtTN\uT-,Nh: .ZN et.
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Units: It'A Floors: N4 Height: *IC' Gallons: NA
If this is related to another ermit, ou must grovide :
0
:Yii' d s� :•i'i�E�sdfOs '<+1i*t ' Q��� _ -
_ � _ _ 4 .F� F -F1�rf�-3:;.:ia.�'
3
Name: N
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Cita' of Miami
Building Department
Permit Application
Fv Process #•
" Total Due
Permit #:
i'�"•'ZWSN✓Tl`Ni � i' hnu4 _X � 'W�-'�; �'~f.14� �WP��
.I - �Ir.+v:,�p,.4d-1 ` fRF�! YdiliF d.ki` !H11!•� .��•'
Folio Number, Ol - 313 L' 0 6 - ° 6 °
Owner: rA 4124 'E S
Job Address: 133 o N W T Zi
Owner's Address: ►r%3 6 N W 61 L m ares i 33v i5
Legal Address: o w wN t o M ►m N
Phone: Ki A E -Mail: N A
Unit No: t4 p
Lessee: ou"76oc WED)il o a,rr+k t�Ri A
Commercial ❑ Residential ❑ Dry Run
Lessee Address: aak S
❑ Owner ❑ Contractor Lessee
Phone: 14,07.363. "111. E -Mail: ., m
_
;e •�; iMit''y✓,'4'...�t; ! '..K'.: A:`. - . L'. . Y'Y,a r_: - rv�',.•- _ -w;.r - , �- , .:.;�.•:; w .
:�stcr >•�i�n�r�tataa�� :� a c�:° .+ :,�.
Contractor's License/Registration No: G C 15 10 1S 0
Proposed Use of Building:
Contractor's Social Security Number:
Current Use: LA 'Cw%mv_ L4A•!_
Ounlifier's Name:SV_2+ P X
Job Description: &0gfiTRLPn% tv fZD
Company's Narue:Cc Ny.%.4LtTN\uT-,Nh: .ZN et.
New Construction Total Cost: bob.
Address: \,JLk irry) p�SM 2N fl{Z
New Construction Sq. Fr. Cyt/ Lineal Ft: --
Ci : M i•w J State: 1=1r Z• : '3; r751-
Remodeling Total Cosh A
Pho IS4440
Remodeling Sq. Ft: ovA Lineal Ft rA
E -Mail: 4 JI&
Units: It'A Floors: N4 Height: *IC' Gallons: NA
If this is related to another ermit, ou must grovide :
Master Permit Number: Plan No:
:Yii' d s� :•i'i�E�sdfOs '<+1i*t ' Q��� _ -
_ � _ _ 4 .F� F -F1�rf�-3:;.:ia.�'
Name:
Name: N
Address:
Address: —
Phone:
Phone:
;���-�;�.<�,..•�:.�^�:� �.�:•�=: `�r 1..�"• :a,.�;,�_., �
� -B ui�x(��i�r�;!fe . »i�'a��=�r�:�.�.:
0 Building 11 Plumbing
Engineer's Name: • OL,P"Czz Mow it.ttt_
0 Mechauical/AC ❑ Plumbin Gas
Address: i b8 -& l PLAU
❑ Electrical ❑ Roofing
Phone: '7. v, E -Mail: AfA 60 t
❑ Landscaping S' n
Architect's Name: 14f4
❑ Electrical ❑ Roofmg
Address: NA
❑ Fire ❑ Mechanical Elevator
Phone: Kit E -Mail tv
# ..'..i�/r�llt4lkl�l-,'��ri1.��iF.'Q�i�
::� �.'"a . 7 Vhaii a sRUN:�'� i .. 1; - - -, : , y�' ] h�
❑ Cbange of Contractor (CR) ❑ Chaage of Qualifier (CQ)
❑ Re -certification of Plans (RC) ❑ Plans revision (RV)
❑ Completion Permit (CP)
If New Construction ❑ Addition
❑ General Repair/Remodeling ❑ Misc. Building
11 Change of Occupancy ❑ Demolition
11 Chane of Use
Do -n 8d$
I Cow+
I understand that separate permits must be obtained for other items (i.e. electrical, plumbing, roofmg, etc.), unless specifically
covered by this permit. In signing this application, I am responsible for the supervision and completion of the construction in
accordance with the plans and specifications and for compliance with all federal, state, and county laws applicable.
Owner's Affidavit: I certify that all the forgoing information is correct Owner Certifies that the aforementioned Contractor has the
authorization to perform the work as specified above,
Lessee's Affidavit: Lessee certifies that he has full consent and authorization from owner of subject property to perform the above-
mentioned work and to hire above captioned contractor.
I have read the information co ined in this permit and understand that any misrepresentation may constitutes fraud and could void
the permit
5ignatur of Owner/Lesseae of Quali
/_ 6441'fLE X
Print N amus Print Name L_4_S (a --
a --State
State of Florida, County of Miami -Dade State of Florida, County ofUiena=b-tde
Sworn to and subscribed before me this 4-*' Sworn to ano f Ubscribed before me
Day of nWe, 20 C4. Day of l '''V 20
By �r�ztn ��� a 7 �,Q�(vtA(a�$y
i, (SEAT.) U (SEAL)
Personally known or Produced Identification, t� I Personally known or Produced Identifica n,,
Type of Identification produced �i LleJ,s t. CP,,. (G Type of Identification produced (—C -(JL-
' e. �;*� P ...��.'t. �.�;�;'�AItBUIIsAII!ItaT►EFAR'TNi]GNLI3SE�h71.�'.�� ��.-�'��r. ��` : -:� t � o' � "
Job Code: Cer mates Required:
Pians:
Na. Of Sheets:
❑ C.O. o C.C.
❑'Yes o Na
Tracking require)
I
=
I
Aoalication Received bve nAte? P-4 A..+i.n..: A I-- r+--
rel
Submitted into the public
record in connection with
item PZ.4 on 05-28-04
Priscilla A. Thompson
City Clerk
10
SETTLEMENT AGREEMENT
This Settlement Agreement is made and entered into as of May , 2008, by and
between the City of Miami (the "City"), a Florida municipality, and CBS Outdoor, Inc., a
Delaware corporation, (successor -by -merger to National Advertising Company, a Delaware
corporation, d/b/a Viacom, Infinity, National and CBS and Infinity Outdoor of Florida, Inc., a
Florida corporation, d/b/a Viacom, Infinity and CBS) (collectively referred to as "CBS").
RECITALS
A. The City has adopted ordinances that, among other things, regulate the size,
height, appearance, lighting, and landscaping requirements for outdoor advertising structures
("Signs"). City ordinances have permitted Signs in certain Zoning Districts and prohibited them in .
others. Certain Signs which CBS erected in accordance with the City's former zoning ordinances
do not conform with the City's current Sign regulations.
B. As of April 2001, CBS owned or operated 53 Signs in the City. Since April 2001,
disputes have arisen between CBS and the City regarding City ordinances regulating Signs, the
applicability of certain City ordinances to Signs owned by CBS, and the effect of State laws on
City ordinances and on the enforcement of such ordinances. These disputes have resulted in
enforcement actions and litigation now pending.
C. The City acknowledges that CBS has removed a number of Signs that were in
CBS's inventory as of April, 2001,
D. The City and CBS desire to resolve all disputes and the pending litigation between
them in this Settlement Agreement ("Agreement"):
Submitted into the public
FT1:2656261:3 record in connection with
y Page 1 of 32 item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
C. Counterparts. If multiple counterparts of this Agreement are executed,
each shall be deemed an original, but all counterparts together shall constitute one and the same
instrument.
d. Headings. The section and paragraph headings contained in this
Agreement are for reference purposes only and shall not affect in any way the meaning or
interpretation of this Agreement.
e. Entire Agreement. This Agreement sets forth all the promises,
Agreements, conditions and understandings among the parties hereto as to the subject matters
referenced herein, and supersede all prior and contemporaneous Agreements, understandings,
inducements or conditions expressed or implied, oral or written, except as herein contained.
f. Assignments/Binding Nature. This Agreement will be binding upon and
will inure to the benefit of any successor or permitted assigns of the parties hereto. CBS shall
have the right of assignment of rights and obligations under this Agreement. However, no
attempted assignment by CBS will be valid unless: (1) the assignee shall execute an Agreement to
be bound by the terns and conditions of this Agreement and to accept all of the rights and
obligations of CBS under this Agreement; and (2) the assignment is approved in writing by the
City Commission, which approval shall not be unreasonably withheld, delayed or conditioned.
The parties acknowledge that the City Commission shall have the right to reject proposed
assignment if the assignee does not fully adopt the terms of this Agreement. Any such assignment
shall not relieve CBS of its obligations under this Agreement, including, without limitation, the
responsibility of removing four (4) double face C -I Signs and Sign structures and one (1) single
faced C-1 Sign and Sign structure from those C-1 and Special District Signs listed on Exhibit D
upon the 25`s Anniversary of the Effective Date.. Notwithstanding the foregoing, no approval by
FTL:2656261;3 Submitted into the public
Page 27 of 32 record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
the City Commission shall be required for any assignment to any entity controlled, controlling or
under common control with CBS as to the acquirer of substantially all of the assets of CBS in the
City, provided such assignee assumes the obligations of CBS under this Agreement. Any
attempted assignment in violation of this Section shall be void.
g. CBS hereby represents and warrants that it: (a) is a corporation in good
standing under the laws of the State of Delaware; (b) is duly authorized to transact business in the
State of Florida; and (c) has taken all corporate actions necessary to authorize execution and
performance of this Agreement. The City hereby represents and warrants that: (a) it is
empowered to enter into this Agreement; and (b) this Agreement has been duly authorized by the
Board of City Commissioners of the City of Miami pursuant to the requirements of Florida law.
h. Amendments. No change in, or addition to, this Agreement shall be
enforceable unless evidenced by a writing executed by the parties. Any such enforceable
amendment(s) shall become effective on the date stipulated therein.
i. Release and Waiver. Any condition to a party's obligation hereunder may
be waived by that party, provided such waiver is in writing_ However, the waiver by any party of
a breach or violation of any provision of this Agreement shall not operate as, or be construed to
be, a waiver of any subsequent breach of the same or any other provision hereof. The failure'by
any parry to timely enforce any of the provisions of this Agreement shall not be deemed a waiver
thereof.
(i). The City hereby releases and forever discharges CBS, its agents,
employees, officers, directors, subsidiaries, affiliated corporations or entities; stockholder and
parent corporations from any and all claims, actions, causes of action, damages and costs arising
from violations, alleged or actual, of the City's Sign regulations resulting from Signs listed in
FTL2656261:3 Submitted into the public
Page 28 of 32 record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Exhibits B, B-1, C & D or subject to Initial Amended Permits or Amended Permits being located
on property within the City limits, which have been or might have been, brought as of the
Effective Date of this Agreement. The City does not waive its right to enforce its ordinances
against Signs not Iisted in Exhibits B, B-1, C & D, or against Signs not subject to an Initial
Amended Permit or Amended Permit. In addition, the City does not waive its right to enforce its
ordinances against Signs not listed in Exhibits B, B-1, C & D, or against Signs not subject to an
Initial Amended Permit or Amended Permit if the removal of those Signs is required by this
Agreement. These release provisions shall also operate to release owners of property upon which
CBS's Signs are located, to the same extent CBS is released.
(ii). CBS, for itself, and for the owners of the property where its Signs
are located, and to the extent CBS has been so authorized. by said owners, hereby releases and
forever discharges the City, its agents and employees and elected officials, from any and all
claims, actions, causes of action, damages and costs arising out of the City's existing Sign
regulations, or enforcement thereof, and without limiting the generality of the foregoing, CBS
specifically waives the right to challenge. the validity, constitutionality or enforceability of the
City's Sign regulations in effect on the date of this Agreement.
(iii). Neither CBS nor the City shall be deemed to have waived any right
to bring an action .to enforce the terms, conditions and limitations of this Agreement.
j. Compliance With Electrical and Structural Codes, Setbacks and
Encroachments Indemnification. CBS acknowledges and agrees that this Agreement does not in
any way alleviate CBS's responsibility to comply with all Technical Regulations in removing,
relocating, maintaining, repairing or in reconfiguring .any Sign._face_or Sign structure, and CBS
shall not be excused from complying with the Technical Regulations, and set back and
Submitted into the public
Page 29 of 32
FTL:2656261:3 record in connection with
item PZA on 05-28-o9
Priscilla A. Thompson
City Clerk
024
II
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
j Priscilla A. Thompson
City Clerk
1 CITY OF MIAMI
2 CITY HALL
3 3500 PAN AMERICAN DRIVE
4 MIAMI, FLORIDA 33133
5 THURSDAY, MARCH 26, 2009
6 9:00 A.M.
7 PLANNING AND ZONING BOARD
8 APPEARANCES: ORIGINAL
9 JOE SANCHEZ, CHAIR
10 MICHELLE SPENCE— JONES, VICE CHAIR
11 ANGEL GONZALEZ, COMMISSIONER DISTRICT ONE
12 MARC DAVID SARNOFF, COMMISSIONER DISTRICT TWO
13 TOMAS REGP_LADO, COMMISSIONER DISTRICT FOUR
14 PEDRO G. HERNANDEZ, CITY MANAGER
15 JULIE O BRU, CITY MANAGER
1-6 PRISCILLA A. THOMPSON, CITY CLERK
17
18
1 Q
20
21
22
23 Submitted into the public
record in connection with
24 item PZA on 05-28-09
Priscilla A. Thompson
25 City Clerk
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
PZ. txt
1
CHAIR SANCHEZ: All right. We're going to
take up Pz2. Pz2. Once again, the procedures
are the same as the regular commission meeting.
we ask everyone to refrain from, you know,
whistling, clapping. Be at your best behavior
so that we can get out of here quickly.
we do have five Pz items, but before we go
on with your presentation, Mr. City Manager, it
has been brought to my attention that you will
be making a motion to defer PZ4 and 5?
THE CITY MANAGER: No, Mr. Chair, I think
that I would like for the applicant or for the
individuals involved on the item to come
forward.
CHAIR SANCHEZ: All right.
MS. MARRERO: That would be me.
CHAIR SANCHEZ: That would be you?
MS. MARRERO: Yes.
CHAIR SANCHEZ: That would be you?
MS. MARRERO: That would be me.
CHAIR SANCHEZ: okay. So what are you
requesting?
Page 1 --- - - ---
submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
12
Submitted into the public .
record in connection with__..
item.PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
I
1
1
MR.. PIMA: Item number three.
1 CITY OF MIANIIII
2
2 CITY HALL
3 3500 PAN AMERICAN DRIVE
3
4 MIAMI, FLORIDA 33133
5 MONDAY, FEBRUARY 9, 2009
4
6 7:00 P.M.
7 ZONING BOARD
5
8 APPEAR-ANCES:
9 MR. JUVENAL PINA, CHAIRPERSON
6
10 MR. CHARLES GARAVAGLIA, VICE CHAIR
11 MR. RICHARD TAPIR, MEMBER
7
12 MR. ANGEL URQUIOLA, MEMBER
13 MR. BRET BERLIN, MEMBER
8
14 MR. CORNELIUS SHIVER, MEMBER
15 MR. RON CORDON, ALTERNATE MEMBER
9
16
17
10
18
19
11
20
21
12
22
23
13
24
25
I
1 (Pages 1 to 4)
3
1 MS. FERNANDEZ: Mr. Chairman, there are
2 separate items. There are separate items
3 but --
4 MR. PIMA: You can read them. Read them.
5 Go ahead.
6 MS. FERNANDEZ: Okay. Number three is a
7 resolution of the Miami Zoning Board denying or
8 granting the appeal by Amanda L. Quirke,
9 Esquire on behalf of Outlook Media of South
10 Florida, LLC of the zoning administrator
11 interpretation dated December 8th, 2008,
12 regarding a provision contained in section
13 10.4.5 of zoning ordinance 11,000 as amended.
14 The zoning ordinance of the City of Miami
15 entitled "Outdoor Advertising Signs, New Signs
16 of Outdoor Advertising Prohibited," for the
17 property located at approximately I700
18 Southwest 3rd Avenue.
19 The second one is Z4 is a resolution of
20 the Miami Zoning Board denying or granting the
21 appeal by Amanda L. Quirke, Esquire on behalf
22 of Outlook Media of South Florida, LLC of the
23 of zoning administrator interpretation dated
24 December 8th, 2008, regarding a provision
25 contained in.section 10.4.5, of zoning
4
1 ordinance 11,000, as amended. The zoning
2 ordinance of the City of Miami; entitled
3 "Outdoor Advertising Signs- New Signs of
4 Outdoor Advertising Prohibited. And this is
5 for the property at 1330 Northwest 2nd Court.
i
6 This second application has some
7 violations. And I had advised the attorney in
8 charge of the violations about two weeks ago.
9 And the total pay -- they have to pay a total
10 of 55,000. The violations are close. And ,eve
1 checked the violations today and they are still
12 outstanding so my staff is going to hand out to
13 you the violation.
4 MR. PINA: Okay.
15 MR. ECHEMENDLA: I'm song. 1 am just
16 tr- ,ing to get organized here. Santiago
1 7 Echemendia, 1441, on behalf of Outlook Media of
1 B South Florida. I am accompanied by my
19 associate, Amanda Quirke. And I'm gomla -- I'm
120 gonna do the opening and the closing. I'm
2 1 gonna let Amanda walk you through the facts as
2 2 well -as she'll probably handle the cross
,23 examination of the zoning administrator whose
2 4 decision we are appealing. And therefore, of
2 5 course; necessarily we have to cross examine
Veritext/Florida Reporting Co.
Serving the State of Florida (30-5) 376-8800
1
MR.. PIMA: Item number three.
2
CITY ATTORNEY CHARO: Mr. Chair --
3
MR. P1NA: Yes, ma'am.
4
CITY ATTORNEY CHARD: The next two items
5
on your agenda, there will be different counsel
6
advising you. The two items that will come
7
before you are items that have issues involved
8
in litigation in my office.
9
The attorney representing the City of
10
Miami from my office is Deputy City Attorney
11
Warren Bittner. He will be representing staff
12
in the city's position. Therefore, my office
13
is precluded from advising the board. We have
14
retained counsel for you. four counsel is
y
15
Steve Flelfman from the Lax Offices of Weiss
na
16
Sorota, and he will be advising the board since
NN
a 3
17
the city cannot present a case in front of you
�, IA
318
as well as advise vou.
d =
o ii
= 9
MR. PINA: .And this is --
D o
i c
20
CITY ATTORNEI' CHARO: This is Warren
N
Mo
21
Bittner.
n 3 6
3 a
22
Na. PINA: Okay.
N
2 3
MS. FERNANDEZ: Mr. Chairman, may I read
'c
z X
24
both items?
25
MR. PIMA: Yes. ma'am.
1 (Pages 1 to 4)
3
1 MS. FERNANDEZ: Mr. Chairman, there are
2 separate items. There are separate items
3 but --
4 MR. PIMA: You can read them. Read them.
5 Go ahead.
6 MS. FERNANDEZ: Okay. Number three is a
7 resolution of the Miami Zoning Board denying or
8 granting the appeal by Amanda L. Quirke,
9 Esquire on behalf of Outlook Media of South
10 Florida, LLC of the zoning administrator
11 interpretation dated December 8th, 2008,
12 regarding a provision contained in section
13 10.4.5 of zoning ordinance 11,000 as amended.
14 The zoning ordinance of the City of Miami
15 entitled "Outdoor Advertising Signs, New Signs
16 of Outdoor Advertising Prohibited," for the
17 property located at approximately I700
18 Southwest 3rd Avenue.
19 The second one is Z4 is a resolution of
20 the Miami Zoning Board denying or granting the
21 appeal by Amanda L. Quirke, Esquire on behalf
22 of Outlook Media of South Florida, LLC of the
23 of zoning administrator interpretation dated
24 December 8th, 2008, regarding a provision
25 contained in.section 10.4.5, of zoning
4
1 ordinance 11,000, as amended. The zoning
2 ordinance of the City of Miami; entitled
3 "Outdoor Advertising Signs- New Signs of
4 Outdoor Advertising Prohibited. And this is
5 for the property at 1330 Northwest 2nd Court.
i
6 This second application has some
7 violations. And I had advised the attorney in
8 charge of the violations about two weeks ago.
9 And the total pay -- they have to pay a total
10 of 55,000. The violations are close. And ,eve
1 checked the violations today and they are still
12 outstanding so my staff is going to hand out to
13 you the violation.
4 MR. PINA: Okay.
15 MR. ECHEMENDLA: I'm song. 1 am just
16 tr- ,ing to get organized here. Santiago
1 7 Echemendia, 1441, on behalf of Outlook Media of
1 B South Florida. I am accompanied by my
19 associate, Amanda Quirke. And I'm gomla -- I'm
120 gonna do the opening and the closing. I'm
2 1 gonna let Amanda walk you through the facts as
2 2 well -as she'll probably handle the cross
,23 examination of the zoning administrator whose
2 4 decision we are appealing. And therefore, of
2 5 course; necessarily we have to cross examine
Veritext/Florida Reporting Co.
Serving the State of Florida (30-5) 376-8800
i
9 (Paa6=q -� -� 1-r, til
33
36
35
M
nC
1
In my letters, which are in your packets,
p Cr
Since I'm going to be referring to the CBS
2
I explained the reasons for denying the
3
A
3 M
n C.
appellants building permits, which is the
4
your packet as a copy of the resolution of the
( 4
o
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oho
(D
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6
-a
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i 7
CBS to allow Outlook Media to file applications
s n
9 (Paa6=q -� -� 1-r, til
Veriteht/Florida Reporting Co.
Sen-ing the State of Florida ('05) 376-8800
33
36
35
1
tonight.
1
In my letters, which are in your packets,
2
Since I'm going to be referring to the CBS
2
I explained the reasons for denying the
3
agreement later on, I'm putting before you in
3
appellants building permits, which is the
4
your packet as a copy of the resolution of the
( 4
subject of the appeal tonight.
5
city commission that approved the settlement
5
I acknowledged that the city
6
agreement with CBS Outdoor.
6
administration had received notice from Outdoor
7
In your package there is a copy of the
i 7
CBS to allow Outlook Media to file applications
8
entire agreement. The appellant and applicant
8
for outdoor advertising permits with FDOT on
9
in this case, Outlook Media, does not have a
9
behalf of CBS. This letter is very important.
10
settlement agreement with the city. The city
{ 10
In this letter CBS is authorizing the appellant
11
commission has not authorized one.
1 11
tonight to file advertising permits with the
12
Accordingly, and actually very simply, their
112
Florida Department of Transportation on their
13
applications for building permits were rejected
1 13
behalf. This letter does not authorize the
14
because the sections of the code that govern
111
applicant to file City of Miami building
15
billboards do not allow an applicant to put an
115
permits on their behalf. This letter is
16
outdoor advertising sign in the City of Miami,
16
limited to the FDOT permits.
17
this applicant.
1 17
Na. CORDON: But don't you have to get
18
Now I'm going to go into the FDOT issues.
1 18
city --
19
It's important to explain that the denial of
119
MS. SLAZYY: You have to get both of them.
20
these two applications in accordance with the
1 2 o
The -- the order is -- probably it doesn't
21
zoning ordinance, the settlement agreements are
121
matter, but before a sign can go up, you've got
22
required in order to put up a new --
122
to have both permits.
23
MR. ECHEMENIDLA: Lourdes, excuse me for
2 3
In this case, they chose to file the FDOT
24
just a second. Steve, just one thing through
2 4
permit and then come get the city building
25
the chair. I'm -- I'm -- I'm concerned that,
2 5
perrnit. CBS did not authorize them on their
Veriteht/Florida Reporting Co.
Sen-ing the State of Florida ('05) 376-8800
34
36
1
and I know we're gonna do this again in front
1
behalf to pull a building permit in the City of
2
of the city conmrnission, and maybe that's your
[ 2
Miami. And I'm going to explain in a moment,
3
answer, but the facts in the cases in the
3
this was only for the FDOT approval.
4
letters are quite different. And we're
4
In front of you now are two FDOT
5
MR. PINA: Let her finish.
5
applications submitted by Outlook Media which I
6
MR. ECHEIVIENTDIA: No. But my point that
6
as the zoning administrator, you can see,
7
should probably address seven, Wille
7
signed off. I signed off on these applications
8
MR. PIMA: Let her address what she wants
8
because pursuant to the May 2nd letter, which I
9
to address.
1 9
just showed you, CBS authorized them to do this
10
MS. SLAZYK: What -- what I have read so
10
on their behalf with FDOT.
11
far is the same for both; exactly the same for
r 11
Outlook Media was acting on CBS's behalf.
12
both. The zoning code is the same for both.
12
CBS has a settlement agreement with the city.
13
The powers of the zoning administrator are the
.13
Outlook media doesn't. My signatures confirm
14
same for both. Okay. And I'll get into in a
14
that these signs were in compliance with all
15
minute a by I think- that some of issues that
15
the duly adopted local ordinances and had been
16
were raised on the seven, nine are actually
16
or will be issued the necessary
17
irrelevant to what's before this court tonight.
17
permits.
My signature on these applications did not
18
In order to put up a sign in the City of
'18
constitute an aclanowledgment that the city
19
Miami along a state road. along an expressway
' 19
would issue building permits to Outlook Media
20
you need two things: You need an FDOT pemnit
2 0
itself but rather that the city would issue
21
and you need a City of Miami buildingpemut.
-to
21
the building permits to an applicant that was
22
You have have both. If you have one N-vifhout2
2
authorized by the zoning code, which I told you
23
the other, they're not properly authorized.
2 3
were CBS, Carter and Clear Channel. Those are
24
They don't have the permits. They need to go
2 4
the only three city commission approved
25
up there.
2 5
settlement agreements.
Veriteht/Florida Reporting Co.
Sen-ing the State of Florida ('05) 376-8800
S
10
(Pages 37 to 40)
37
Y
39
1
This signature on this application was on
1
Miami, here is a building permit application
2
behalf of CBS. And if CBS came in tomorrow for
2
for a six -story apartment building." I have to
3
building permits on these sites, we would sign
3
say no. I have to deny you that building
4
off on them because they were authorized to do
4
permit because RI doesn't allow multifamily and
5
so. Outlook Media is not.
5
R1 does not allow anything over 25 feet in
6
Outlook Media was as all times for the
6
height. You can't get a variance for those
7
purposes of the FDOT applications acting as
7
things. They're not allowed by the zoning
8
nothing more than an agent for CBS. CBS is the
8
code.
9
only entity authorized to obtain a building
9
I don't make a decision in those cases. I
10
permit for these outdoor advertising signs at
10
have to enforce the code. I have to deny it.
11
these locations in accordance with the section
j 11
A decision implies that I have the ability to
12
of the code I just read to you.
12
say yes. I don't think I did. They don't have
13
Now, the settlement agreements approved by
13
a settlement agreement. No new billboards are
14
the city commission authorized assignment of
14
allowed in the City of Miami. I could not have
15
rights. CBS and -- and the other companies
i 15
approved that building permit without a city
16
have a right to assign to somebody else their
i 16
commission authorized assignment of rights.
17
right. This is very, very important, and if I
17
This takes us back to where we started.
18
tell you to look at anything twice, this is
118
As the zoning administrator, I cannot by law
19
what I want you to look at twice. This is the
19
approve a permit that would violate the zoning
20
paragraph of the CBS settlement agreement that
' 20
code. And I believe you as members of the
21
deals with the -- their ability to assign
21
zoning board acting on my behalf in an
22
rights to somebody to pull permits in the City
22
appellate capacity can't grant it either.
23
of Miami on their behalf. This doesn't address
f 2 3
You'd be violating the zoning code just like I
24
FDOT. This is pulling permits in the City of
24
would. And without proof of compliance with
25
Miami.
25
these sections of the code, I think you have to
38
40
1
In the settlement agreement with CBS
1
deny these appeals.
2
Outdoor, CBS has the right to assign its rights
2
I also wanted to respond to Mr. Echemendia
3
and obligations to another entity, however, any
3 3
specifically said that it was very clear to
4
such assigurment will only be valid if it is
i 4
him, very clear, that he has to comply with
5
approved by the city commission.
5
traveling under a CBS agreement. As of right
6
As of this moment right now, Outlook Media s
6
now, they're not traveling under a CBS
7
does not have any proof that they have
7
agreement. They don't have any authorization
8
submitted to me. And if they have it, I would
t 8
from the city commission, nor from CBS to pull
9
like it, that has made the assigrunent under CBS
9
building perp -its on their behalf.
10
as approved by the city con-unission. If they
10
'When the FDOT permits were signed; the
11
took anything to the city commission to assign
11
only thing they had reliance of is that we
12
them their rights, they haven't submitted it to
'12
would issue the building permits if CBS came in
13
me as proof so that I could issue these
13
and requested them. There is no such
14
permits. ±
14
authorization. If they ¢o to the city
15
As far as I'm aware, this hasn't happened, i
15
commission next meeting, get on the city
16
therefore, these applications for building
16
commission agenda and get the authorization for
17
pen -nits could not be granted on the basis of
17
assignment of rights; I will gladly sign their
18
the fact that they had CBS assigned rights.
18
building permit. Until that happens, it is a
19
You saw the letter from CBS. CBS authorized
19
violation of the zoning code for me to do that.
20
them to get FDOT permits on their behalf, not
2 0
MR. PINTA: Thank you.
21
city building pennits.
21
MS. SLAZYK: Oh. and also. he don't
22
- -;
I want to Give you a little exariiple of �
- -
2 2--hive-Z-he
-- - --d - -- -: - -- - -- -
saithat -- that we wamved -- ho«
2 3
what I equate this to: Suppose you have a '
2 3
did you put it -- waived our rights to the
24
single family lot in the City of Miami, an RI .24
assignment provision of hereby signing that
25
lot, and you come to the city and say, "City of
2 5
FDOT permit. Vde don't have the riQlmts to waive
Veritext/Florida Reporting Co.
Serving the State of Florida (305) 376-8800
U s
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Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
i, City Clerk
13
Page 1 of 3
t. Davis, Linda A.
From: Xiques, Veronica [vxiques@miamigov.com]
Sent: Monday, November 03, 2008 2:43 PM
To: Smith, Glenn
Subject: RE: City of Miami/CBS Outdoor Settlement Agreement
I have confirmed that the Lummus application has not been executed. The City needs CBS's withdrawal of the three locations (not
just Mary May's) and FDOT's acceptance of same prior to executing the Lummus application. If you have pdfs of these that works
faster.
As far as a meeting, we are available Thursday morning at 10 am. Please let me know whether I should block off the time.
Veronica A. Xiques, Assistant City Attorney
City of Miami Office of the City Attorney
444 S.W. 2nd Avenue, Suite 945
'`. Miami, Florida 33130-1910
Telephone: 305-416-1886
Desk Top Facsimile: 305-400-5140
Facsimile: 305-416-1801
: xi ues a,miamt
Litigation Assistant: Shakena Stubbs 305.416.1847
n.is;el.ai>ncr: This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and
confidential information. if you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work-
product
workproduct privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-
client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient; you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the
Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. if this communication was received in error -,ve apologize for the. intrusion. Please notify .
us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship \with the sender.
4
Please consider the environment before printing this e-mail.'''«`
From: Xiques, Veronica
Sent: Monday, November 03, 2008 11:12 AM
To: 'Smith, Glenn'
Subject: RE: City of Miami/CBS Outdoor Settlement Agreement
Hi Glenn. 1 don't believe that the FDOT application has been executed. I'm meeting with Pieter and Lourdes this afternoon on a
separate matter and I will discuss with them. In the mean time, can you provide me with a copy of CBS's letter to FDOT
withdrawing the related Mary May's location, as well as FDOT's acceptance of the withdrawal? If the application hasn't been
executed it's only because the City has not received these.
As far as scheduling a meeting, I will follow up with Orlando and Pieter and let you know when they are available.
Veronica A. Xiques,
Assistant City Attorney
City of Miami Office -of the City Attorney
"tzQ-.
444 S.W. 2nd Avenue, Suite 945
Miami, Florida 33130-1910
$x
Telephone: 305-416-1886
r:,ta
Desk Top Facsimile: 305-400-5140
Facsimile: 305-416-1801
yxic3ues�miami�oy _corn
Litigation Assistant: Shakena Stubbs 305.416.1847 -Submitted into the public
record in connection with
11/3/2008 item PZ.4 on 05-28-09
i Priscilla A. Thompson
City Clerk
CBS 01604
Page 2of3
Disclaimer: This e-mail is intended only for the JiNridUal(S) or cntity(s) named within the messaL ..his e-mail might contain legally privileged and
confidential information. If' you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work
product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-
client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient. you are hereby notified
that any review, dissemination, distribution or copying of this communication is prohibited by .the sender and to do so might constitute a violation of the
Electronic CommunicationS Privacy Act, 19 U.S.C. section 25102521.. If this communication was received in erTor we apologize for the intrusion. Please notify
us by reply e-mail and delete the original message. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.
Please consider the environment before. printing (his e-mail.
From: Davis, Linda A. [mailto:linda.davis@ruden.com] On Behalf Of Smith, Glenn
Sent: Monday, November 03, 2008 10:48 AM
To: Bittner, Warren; Xiques, Veronica
Subject: City of Miami/CBS Outdoor Settlement Agreement
Importance: High
Dear Veronica and Warren:
We have not received word that the City has signed off on the FDOT application for the Lummis site. It is critical to get this done
right away to protect the spacing. Please let me know the status of this matter.
CBS requests a meeting with the City this week to discuss the park sites and any other open items. Joe and I are available on the
following dates: 11/4 - afternoon; 11/5 - all day; 11/6 - all day; 110 - all day.
Please contact me if you have any questions.
Glenn
Glenn N. Smith, Esq.
Ruden, McClosky, Smith, Schuster & Russell, P.A.
200 East Broward Boulevard (33301)
Post Office Box 1900
Fort Lauderdale, Florida 33302
Direct Telephone: (954) 527-2466
Direct Fax: (954) 333-4066
Cell: (954) 263-8657
E -Mail: Glenn.Smith@Ruden.com
-------------
Linda A. Davis
Legal Secretary
200 East Broward Boulevard
Suite 1500
Fort Lauderdale, FL 33301
Direct 954-761-2966 1 Fax 954-333-4166
linda.davis@ruden.com I www.ruden.com
11/3/2008
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
CBS 01605
Page 3 of 3
NOTICE: This e-mail message and any attachment to this e-mail message contains confidential information that may be
legally privileged. If you are not the intended recipient, you must not review, retransmit, convert to hard copy, copy, use
or disseminate this e-mail or any attachments to it. If you have received this e-mail in error, please notify us immediately
by return e-mail or by telephone at 954-764-6660 and delete this message. Please note that if this e-mail message
contains a forwarded message or is a reply to a prior message, some or all of the contents of this message or any
attachments may not have been produced by the sender.
11/3/2008
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
CBS 01606
Long, Bill
From: Davis, Linda A.
Sent: Thursday, October 23, 200a 10:53 AM;
To Little, Joe; Clements, John R (JC)
CC: Long, .Bill
Subject: CBS/City of Miami
I spoke last night with Assistant City Attorney Warren Bittner and informed.himthat>.we had been unable to
resolve the issues with. Outlook. He did not act very surprised:about the situation. .1. also informed him that
we would be.fuinishing a letterto the City listing the .signs for initial amended permits and;amende i permits,
which would include a list of sign applications being withdrawn, such as Richards and •Mary May..
He informed me that the final members of the Parks Board have. now. been appointed and s& we should
shortly be able to present the park sites. to that.Board:
Please contact me if you have any questions.
Glenn
Linda A. Davis Ruder
Legal Secretary U
I' f
200 East'Brdward Boulevard
Suite 1500
For, Lauderdale, FL 33301
Direct 954-T61-29661 Fax 954-333-4166
linda.davis.@ruden.com I xnvw.ruden.com
NOTICE: This e-mail message and any attachment to this e=mail.message;contains-confidential
infonnatioii that'..may be legally privileged. If you. are, not the intended recipient, your ust riot
review, retransmit, convert to hard copy, copy, use or disseminate this emailor any attachments to:
it. If you have received this e-mail in error, please notify us:immediately b.y retutx e-mail or by
telephone at :954-764-6660 and.. delete .this m.essape: Please note that if this e mail message contains.
a forwarded message or is a reply to.a.pr or message, some or all of;:the contents of this .message or
any attachments may not have been. produced by y the sender.
Submitted into the public
record in connection with CBS 01974
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Scherer, Edward M
From:
Mark Lipman
Sent:
Thursday.;. July 17, 2008 11:14 AM
To:
Chris Gworek
CC:
Connie Mosley; Scott Ersland; Dan B.Ianton; Scherer, Edward;M
Subject:
Re: Miami Soil boring List UPDATE 7-17=08 ADD MaryMays
Attachments:
..
imagee001.:' ys.7-15-08),Fin. al.pdf
g ]pg; image002.1pg; 01.-065-04. (Ma
I -Ii Chris,
I have added Mary14ays site as a GO, so please forward a,ptoposal for.my signature: The survey is attached, To recap, -.l •think,
we are. waiting for the following reports::
FDOT (Ed Scherer)
Churchills
Lummus
Mary Mays
See update chartbelow:
SEE CHART BELOW FOR latest L-PDATES
Mark Lipman
From: Mark Lipman.
Sent: Tuesday, July 08, 2008 4:26 PM
To: Chns_Gworek., Connie Mosley
Ce: Scott Ersland;; Ed SScherer ; Silly Long ; Joe Little ; Dan Blanton.; Hector Rivera ; Luddck 06do
Subject: Fw:'Miami Soil boring List .UPDATE7-8-08
To.; Nutlhw staff
Update:.7.-8-08
Here's:another "&o". I've added ".L.UMMUS" 40 the bottom o.f the lisi below the boxes (because[ can - figtue o rt:how to;'get
"into the box) -.Please proceed with the bore and report per the a.ttaehed updatedsurvey which,has all -the info on the location..
If .you need me to:sign a proposal, please send so I.can do so. The, location is:m an accessible.parking lot but I:d; appreciate 24
hour. notice%s6 Lean advise the owner. Please proceed at your. earliest opportunity. Thar ks ni uch.,
Mark
From: Mark_Liprnan
Sent: Friday, June 27, 2008 11:54 AM
To: Connie_Mosle_y ; Ch[is_Gworek ; Scn t_Ersland. ; Scott Smith;
Cc Mark Lipman , Ed,Seherer_
Subject: Re: Miami Soil boring List (2) 6-18-08 update(Ed 6-20) Edison North. Site-HOLD.6-'27=08'
Attention Nutting update 6-27-08 at noon
PLEASE HOLD'ON EDISON APARTMENT SITE- (ON. LISTBELOW)- THIS CAME UP 1N: OUR CBS tvLANAGEMENT
REVIEW TODAY AND A DECISION HAS BEEN MADE TO HOLD ON: IT UNTIL FURTHER NOTICE. SORRY`:
.Mark Lipman
A4ark Lipman
Rent EstaterPublic Affairs Representative
CBS Outdoor, Inc.
Phone 961-533-67,11 Cellphone: 561-523-9$20
Fax 561-547-5206
Email: J--thn4r h2C conlcasi r_L} or Nttrk.Lip,man(a!C i3SUCi1'DOOR:cnm.
PaLrn Beach. otfice:.6913.kinasion Drive, Lantana. F'L33462
UPDATE alter 6727-08 meeting: City opting out.of Dade code with their own code::Create :P000'spacing in City:and:secure
permitting rights wait until they can change the.law again_
Submitted into the public
j record in connection with
item PZA on 05-28-09 CBS 02086
Priscilla A. Thompson
City Clerk
From: "Mark. Lipman
Sent. Friday, June :27„200810:14 AM
To: Mark Lipman.
Subject: Re: Miami Soil boring List (2);(i-18-08 update(EcIA-20) Edison.North Site
From: Scherer Edward'M
Sent: Monday, June 23; 2008 8:50 AM
To:.Davie' L Blanton Mark Lipman ; chris
Cc: Connie Moses ; Scott Ersland
Subject: RE: Miami Soil boring List (2) 6-18-08 update(Ed 6-20) Edison North Site
We will be using. the same concept.
Ed Scherer
CBS Outdoor Real );state
Office (:954) 971-2995
Fax: (954) 972=2113
From: Daniel L.Blanton;[mailto:surfvibe@bellsouth.net]
Sent, Monday, June 23,20D8 8:45 ANI
To: 'Mark LipniaW;''chns'
Cc: 'Connie Mosley'; 'Scott'Ersland'; Scherer,. Edward M
Subject: RE:. Miami -Soil boring List (2) 6-18-08 update(Ed 6-20)
Scott, I received yourvoice mail, sorry I did not know that the Edison site was moved back to the "North site.
Attached is the plan forthat:parcel. Note.that.the pole vias originally planed to go in a parking space:as shown.
Edcan you please, confirm to Scott that we will use this same concept:
Dan
From: Markipman.[mailto.:Jethrotash2@Comcast.net]
Sent: Monday; June 23;:2008 8:30 AM
To-..chris
Cc: Connie Mosley;:Scott Ersland; Ed Scherer;: Dan Blanton
Subject: Fw: Miami.Soil boring List (2):6-18-08 update(Ed 6-20.)
Thanks very much Chris! Could you also.please copy Ed Scherer on your .Miami relatedtemails .
edward sclierer(a.:ebsoutdi)(r.com. In regard to Palm” Beach, please make the PB Plaza completed report':a high priontV;;" as we
need this ASAP..
Murk
From: Ch-is.Gworek"
Sent: Monday,.. June "23, 2008 8:23 AM
To: 'Mark Lipman'
Cc: Connie—.nef.cc; 5cott Ersland'
subject: RE: Miami.Soil.boring List (2)6-18-08 update(Ed 6-20)
Mark.
Thanksfor the update, at this. time. we only .have the survey for the south site. l .hare left a message.:with. Dan: asking for
a copy of the:north site -,Then a,Vailable. The Titan and Little River will be"Drilled in the near future. Had a riu.out`.there
Thursday but was too big for both sites. Need to use a smaller rig for access. issues. My lay :out guy (Carl.) is,getting the FDOT
and Daniels sites layed out and cleared for drilling later this week.
Please call if you have any questions
Chris Gworek, E.I.
Senior Project Manager
Submitted into the public
record in connection with
item PZA on 05-28-09 CBS 02087
Priscilla A. Thompson
City Clerk
Scherer, Edward M
From: Scherer, Edward M
Sent: Friday, August 22, 2008 9:51 AM
To: Little, Joe
Subject: FW: Lumus FDOT Form for CBS Outdoor
Attachments: Scherer, Edward M.vcf
FYI...
Ed Scherer
CBS Outdoor Real Estate
Office (954) 971-2995
Fax: (954) 972-291.3
From: Bockweg, Pieter [mailto:pbockweg@miamigov.com]
Sent: Friday, August 22, 2008 9:45 AM
To: Scherer, Edward M
Subject: RE: Lumus FDOT Form for CBS Outdoor
Ed,
Pagel of 2
I need to follow up, to make sure that the FDOT form is signed. I also spoke to Joe about CBS writing a letter to
FDOT rescinding your permit of Mary Mays. When you come by to pick up the Lumus FDOT form please bring a
copy of that letter with you, for my files.
Please let me know when you will be coming by to drop off a copy of the letter and I will make sure the Lumus
application is signed by the time you get here.
Thank you,
Pieter A Bockweg
City of Miami
444 SW 2nd Ave, 4rd Floor
Miami, FI 33130
Ph (305) 416-1455
From: Scherer, Edward M [mailto:edward.scherer@cbsoutdoor.com]
Sent: Friday, August 22, 2008 8:37 AM
To: Bockweg, Pieter
Subject: Lumus FDOT Form for CBS Outdoor
Good Morning Pieter:
Joe Little mentioned that Lourdes signed the FDOT form for Lumus (1-95) and wanted me to follow-up. Would it
be possible for me to stop by this morning to pick it up?
Thanks,
Submitted into the public
record in connection with
item PZ.4 on 05-28-09 CBS 02165
j Priscilla A. Thompson
3/4/2009 l City Clerk
a
(r'l c,�:irnageOG1_1P9@01C788CB.752FBD:
Ed Scherer
Real Estate
Office (954) 971-2995
Fax (954) 972-2913
Submitted into the public
record in connection with
item PZ.4 on 05-28-09
Priscilla A. Thompson
3/4/2009 City Clerk
Page 2 of 2
CBS 02166
From: Little; .Joe
Sent:: Wednesday,. August 06; 2008 04ATIFM
To: Clements, John R (JC),
CC: Martinez, Art R
Subject: maty. mays/Baptist Chureh
I understand you are: on vacation for the remainder of the week, but hope :you can find time. to:give me a call.
I spoke with Koteles. Alexander (Chief of:Staff for Comm Spence -Jones) yesterday regarding the conflict
between Mary Mays and the Church. He confirmed the CommissionerIs upset and uvas unaware that the
City had given. the OK to pull. a. permit on .the Mays property.. We need her OK for Lummis' and the City wilt:
not issue the permit until she signs off.
I told Koteles .yesterday we want to talk to the Church to.:see.ifthere is.a way to: sp.lifthe rent between Mays:
and the:church.and/or move:the site entirely to.the Church property:...
He contacted me indirectly this afternoon through Keith. Carswell (his friend and theaobbyst Who brought the
Dade School Board idea to us). The.:first call was that we had the ok to contact the church. ;Less than an
hour later, Keith called back to. say the .Commissioner will supportourpermit application for Lummis:if we
withdraw our application at Mary Mays, Of the two sites., Lummis is .clearty:.su.perior.
As you know, -Outlook convinced me that the City would issue the Mays permit only to Santiago. Asa result,
we assigned the Mays lease to Outlook and we jointly agreed that neither CBS, nor Outlook would use the.
Mays site for economic gain without the agreement of the, other, Before I discuss this with Ha.rtdey, I wantto
loop you and Art in.
Joe :Little
CBS OutdootJnc
VP/Real.Estate.SE
ph: (813.).88-5541
fx: (813)-888-3531
Submitted into the public
record in connection with
item Pz.4 on 05-28-09 CSS 01439
Priscilla A. Thompson
City Clerk
From: Clements, John R (JC)
Sent: Monday, August 04, 2008 11:13 PM
To Little, Joe
CG Long, Bill
Subject: RE: Tacolcy/Edison Invoices
Attachments: image001.gif
Joe.
As; you know l am continue: to be concerned about the issues. we have in Miami..It seems like every time we
turn around we get hit for another "fee". I amok with the legal fees, but these additional,fees are crazy.
These people are not goin. g to walk away form $95k a year for 20. yrs. Lets hold until:l get to Miami on the -
17.
Have we signed the settlement agreement? 1f so,. we need to get together with Orlando or someone and.
make it clear that we need to build something, anthing so that bur parent doesnt come unglued.
Maybe we should get a meeting with city folks while I am there. -Leslie was rece tly with `the Mayor. Would
it be helpful if we got a meeting with him?
JC
From':: Little, Joe
Sent: Monday, August 04, 2008 2i59.PM
To .Clements Sohn R :(JQ
Cc: Long, Bill
Subject: F1hl: Tacolcy/Edison Invoices
I have a call into K. oteles Alexander, Spence -Jones Chief of Staff, to discuss the :Commissioner's position on,
the Mary Mays location. As 1 mentioned in an update last week, the commissioner has expressed extreme
displeasure that the City signed the DOT form for Mary Mays. She wants a low income church next door to
get the lease funds.
Assuming she is more interested in helping the church (as opposed to helping CC), we could try lease from
the Church and abandon Mays.
As for Lummis, you may not remember, but it is "O" zoning (office). The site needs the Commissionerto
sign off.on:it'as it doesn't exactly fit the settlement. agreement. Orlando Toledo: realizes;that if she refuses, it
will "ruin" the site for CC as well. There will be no way for the City to later Issue to them if it turns .us down
now.
Koteles will undoubtedly ask about the Edison Apartments situation. He is aware the only viable location on
their property is a 1,000 ft spacing site. He will ask if we are able to keep Edison "satisfied" while waiting for
reduced spacing_
Edison provided Ed with copies of their attorney's bill related to the negotiation of ourlease totaling $4;850..
They also included a bill for their "administrative" expenses of $10,000. if it weren't for their connection to
the Commissioner, .l would tell them sorry, but keeping them happy could help us get the other two sites.
The. Governor's veto became public knowledge before they executed the lease, so right now we only have
their ok to apply for permits ... we..don't have the location under lease.
Ed has talked them- down from $102K/yr (proposed when this site was competitive. with CC) to,.$85KNt
While this would start out as 80% rent/revenue, it would also. generate significant cash (39%6 IRR). Wouid
you support our "keeping them happy" if they sigh the lease by including an up=front payment now of $10
12K to pay their fees and put; a little in their pocket?
Joe
Submitted into the public
record in connection with CBS 01043
item PZ.4 on 05-28-09
Priscilla A. Thompson
City Clerk
Page 1 of 1
Elizabeth Bernardo - Mary Mays and Sevennine
From: Amanda Quirke
To: glenn.smith@ruden.com; Quirke, Amanda
Date: 5/27/2009 7:19 PM
Subject: Mary Mays and Sevennine
CC: bill.long@cbsoutdoor.com; Echemendia, Santiago; joe.little@cbsoutdoor.com; Thornton, Harkley
Dear Glenn:
In response to our letter dated May 26, 2009, CBS made a counter offer that included a multitude of issues that have nothing to do
with tomorrow's City Council hearing on the Mary Mays and Sevennine building permits. Outlook seeks to focus CBS' attention on
the pressing issue that the state Mary Mays permits will expire on June 22, 2009 unless the Mary Mays billboard is constructed. It
is to the detriment of both CBS and Outlook if this site is lost.
Outlook has taken all necessary steps possible to secure a building permit for Mary Mays, including an offer to CBS that CBS can
secure the building permit for Mary Mays pending resolution of the compensation issue for Mary Mays. However, CBS continues to
refuse, and add multiple (unrelated) conditions to any offer made by Outlook to get a building permit issued for Mary Mays and
resolve this time sensitive issue.
CBS' continued insistence on these numerous unrelated conditions has prevented the issuance of a building permit for Mary Mays,
and Outlook will hold CBS liable for all damages incurred as a result of CBS' breach of the Mary Mays Agreement.
Please govern yourselves accordingly.
Amanda Quirke
Associate
TEW CARDENAS LLP
Four Seasons Tower, 15th Floor
1441 Brickell Avenue
Miami, FL 33131-3407 BIO
Direct: 305.536.8216 WEB_ SITE
Cell: 305.733.2800
Fax: 305.536.1116
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Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
TE W • CARDENAS LLP
A T T O R N E Y S A T L A W
MIAMI • TALLAHASSFE - WASHINGTON DC
:8t1IAV I')A Q 111 k.li.
WRITER"WRITER"S AIRECT i INE: 305.536.$216
I�: MLuI:::1Q(�r�1c�W nw.r:nnl
May 26, 2009
VIA ELECTRONIC MAIL
Glenn N. Sm itli
Ruden McCloskey
200 East Broward Boulevard
P.O. Box 1900
Ft. Lauderdale, Florida 33302
Re: Mary Mays Sign and Sevennine Sign
Dear Glenn:
FOUR SEASONS TOWER
15Th FLOOR
1441 BRICKELL AVENUE
MIAMI, FLORIDA 33131-3407
T 305.536.1112
F 305.536.1116
WWW.Tr.WLAW,COM
As you are aware, there is a City Commission hearing on May 28, 2009 regarding
the appeals of the denial of building permits for outdoor advertising signs located at 1700
SW 3rd Avenue (the "Sevennine Sign") and 1330 NW 2„d Court (the "Mary Mays Sign").
As you are ;.I.lso aware, in accordance with Florida Statutes Section 479.07(5)(a) (2008),
the FDOT tag for the Mary Mays Sign will expire in June if an outdoor advertising sign
is not constructed on the site.
The ;agreement dated June 10, 2008 regarding the Mary Mays Sign. (the "Mary
Mays Agreement") clearly states that "neither [Outlook] nor CBS will build, sell, convey,
lease, or in :I.ny other way seek to gain monetary consideration with respect to the [Mary
Mays] Leases and the Permit(s) without the prior written approval of the other party," The
Mary Mays Sign is undeniably a commercially viable site- in fact, CBS obtained the
original lea,,,e for the Mary Mays Sign. Furthennore, several parties, including our
mutual competitor Clear Channel, have been competing for the Mary Mays Sign location
for over a year.
Ther,, -fore, in an effort to preserve the Mary Mays Sign for CBS and Outlook,
Outlook is willing to consent to the issuance of the building pen -nits for the Mary Mays
Sign and the Sevennine Sign in CBS' name. At the zoning board hearing on the appeals
of the Severinine Sign and the Mary Mays Sign, the City stated on the record that the City
would issue the building permits for the Sevennine Sign and the Mary Mays Sign to CBS
immediately. Unfortunately, before this condition could be proffered at the City
Commission l on March 26, 2009, the hearing was continued to May 28, 2009.
Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Glenn N. Smith.
May 26, 2009
Page 2 of 2
CBS has continually obstructed Outlook's efforts to preserve the Mary Mays Sign
for CBS and Outlook, despite the fact that the Mary Mays Agreement prohibits either
party from taking any action to gain monetary consideration with respect to the Mary
Mays Sign. l f CBS does not accept Outlook's renewed offer to have the building permit
for the Mary Mays Sign issued in CBS' name, the only possible reason for CBS'
continued refusal to cooperate with Outlook with regard to the Mary Mays Sign is that
CBS is seeking to gain monetary consideration with regard to the Mary Mays Sign in
breach of the Mary Mays Agreement.
If the FDOT tags for the Mary Mays Sign and the Sevennine Sign expire, the
spacing windows will be sacrificed to our mutual competitors. This is clearly not in the
best interest of CBS or Outlook, and Outlook cannot understand why CBS would
continue to t-ake actions that only benefit our competitors. Therefore, please consider this
a renewal of Outlook's offer to have the building permits for the Mary Mays Sign and the
Sevennine Sign issued to CBS. This renewed offer shall not be construed as an
admission ap,ainst interest or a waiver of any rights, claims, or defenses regarding the
Mary Mays ;sign and the Sevennine Sign.
If CRS accepts this renewed offer, CBS shall not cancel or otherwise seek to gain
monetary consideration for the Mary Mays Sign or the Sevennine Sign without the
express written consent of Outlook. However, this renewed offer will preserve the
spacing windows and the FDOT tags for the Mary Mays Sign and the Sevennine Sign,
pending global resolution of the remaining issues, including compensation, between CBS
and Outlook.
Please contact me prior to the City Commission hearing on May 28, 2009 at 10
ain if CBS accepts this renewed offer.
cc: Santiago D. Echemendia
David Posy, Esq.
Mr. :lohn R. Clemens
Mr. Joe Little
Mr. ) 3illy Long
Mr.:F?dward Scherer
525567.1
Sincerely,
Amanda L. Quirke
Submitted into the public
record in connection with
item PZA on 05-28-09
Priscilla A. Thompson
City Clerk
Tsw CARDENAS LLP -
I •.mr Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112