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HomeMy WebLinkAboutSubmittal-Outlook Media of South Florida, LLC PresentationOUTLOOK MEDIA OF SOUTH FLORIDA, LLC APPENDIX Appeal of Zoning Administrator Decision City Commission Meeting April 8, 2010 PZ.6 09-00616za Presentation Summary Tab A Email & Indemnification Agreement Between City and CBS on Issuance of Lummus Local Govermnent Approval Tab B Public Records Response Summary (Emails from Warren Bittner to CBS regarding Lummus) Tab C Zoning Board Transcript, June 8, 2009 Tab D Zoning Board CD: September 14, 2009 Tab E Outlook Media's Petition for Formal Administrative Hearing Tab F Order Granting Continuance and Rescheduling of Administrative Hearing to 4/15/10 Tab G Valid Registered Lobbyists Tab H Email regarding Swapping Mary May for Lummus Site Tab I City Attorney Memo re Permit Fees of $114,285.71 for Initial Amended Permits (p. 5) Tab J Citizen's Bill of Rights Tab K Outlook Appeal of Can Partners Site, Dated February 24, 2009 Tab L Outlook September 29, 2009 Appeal and Related Documents Tab M 1. September 14, 2009 Zoning Board Resolution 2. June 17, 2009 Notice by Outlook extending local government permission for 2 years pursuant to Section 14 of SB 360 3. May 22, 2009 Appeal to Zoning Board of Decision of Zoning Administrator approving FDOT form for outdoor advertising sign known as "Lummus" �, V�l ��r 4� LLC- oT- I(a 7GZ--�(-J (j(�ii Q �— VI LOOK r�;edi�j o t'e SentGt�� o(1 541003.1 Submitted into t e pu is record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 4. May 20, 2009 FDOT Form for Lummus Sign located on Miami Dade County Folio 01-0110-090-1070 5 February 19, 2009 Decision of Zoning Administrator denying the February 19, 2009 request 6. February 18, 2009 Request by Outlook Media of South Florida for approval of renewal of outdoor advertising applications, including Can Partners 7. May 22, 2008 FDOT Form for Can Partners Sign located at 01-4137-036-0020 Zoning Board Minutes Tab N May 11, 2009 granting continuance at request of City of Miami June 8, 2009 granting continuance at request of Outlook September 14, 2009 denying appeal of approval of Lummus application by zoning administrator Legal Authority Tab 0 City of Miami Zoning Code Section 1803 Florida Statutes Sec. 479.07(9)(a) Florida Administrative Code Sec. 14-10.004 CBS Outdoor, Inc. Response to School Board Request for Information Tab P Zoning Board Transcript, March 22, 1010 Tab Q Outlook Correspondence Regarding Conditional Appeal Withdrawal, Dated 10/7/09 Tab R CBS Correspondence, Refusing Consent Tab S Outlook Notice of Appeal Regarding Zoning Board Resolution ZB-R- 10-008 Tab T Ordinance No. 13125 Regarding Lobbyist Requirements Tab U Letter from Mario Prats, Jr. & Associates, Inc. (Surveyors) to City of Miami Confirming Outlook's Can Partners Site Satisfaction of 1,000 feet spacing requirement Tab V CBS Settlement Agreement & Paragraph 4(g), page 9, regarding CBS obligation to locate acceptable sites 541003.1 Omm 17.W*M record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk LA"ft M \ \� item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk M M M M � � M MI M M M r M M M M M M M M Appeal . Appeal of May 20, 2009 zoning administrator's decision granting local government permission for outdoor advertising location known as Lummus (Miami Dade County Folio 01-0110- 090-1070) Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk rr V — - - �� •7� — 1 "NVili4th 5t APP 1 NW'3,d'Stlit .�• . N.. �► 'y k1. A VAM V= - + 2nd!5t ',' tie 350 NW 2n �. de'• t iiY 4 W Flag1e'Yst -- __ 4 , �1 • ' � ; a �►,. ,� '_''ter SW 1st St $�W 65 St X2009 Google ( I t, Go .. L�10_ 25"46'27 77" N, X80"12'01 98"M wev 14 [t s, Nov 17 +"?007 E e alt* 23981t Grounds for Appeal Section 1803 of the Zoning Code provides that "[a]n appeal stays all proceedings in furtherance of the action appealed from,"' • On May20 2009 Outlook had an a eal pp pendingof the denial an outdoor advertising sign known as the "Can Partners Sign""g Therefore, the Can Partners appeal "stays all pp Y proceedings in furtherance" of the denial of the Can Partners application in accordance with Section 1803 Submitted inpublic record in connectinecti on with item PZ -6 on 04-08-10 Priscilla A. Thompson City Clerk Spacing Requirements _WW . Signs must be spaced at least 1500 feet apart on the same side of the highway. Fla. Stat. § 479.09(a) (2008) . Therefore, outdoor advertising applications are processed "first in, first out' such that no other FDOT Forms may be signed or authorized for a subsequent application which would interfere with the location secured by a previously approved FDOT Form 575- 070-04"' CBS Settlement Agreement 11 4(c). See also Fla. Admin. Code 14-10.004(1)(c) Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk M M M M M M M M M M M M M M M M M M r Application of the Stay Therefore, the Can Partners V% appeal stays all proceedings in furtherance of the action appealed from", including the approval of the Lummus Sign and any other sign within 1500 feet of the Can Partners Sign. See Zoning Code Section 1803. Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk `NIN�4th�St &VV*3-,C,;Lt 4 2ndcSEfnp Kiri * . � . V 7i """ afj &350 NW 2-nd 331281 % 'A 61 PAO 1N Ffagie -St _ 13 sw i'st sc Q 2009 Google Lj k -e -?CjMA'?7 77" N..m 80"12'01-98".W elev 14 It Application of the Stay . A stay is invoked in accordance with Section 1803 because if the Zoning administrator approved an application in the red area, the Zoning Board would not have the power to grant the appeal and approve the application because state law prohibits the approval of any outdoor advertising application within 1500 feet. Fla. Stat. § 479.09(a) (2008); Zoning Code Section 1803. Submitted into the public record in connection wenn item PZ.6 on 04-08-10 Priscilla A. Thompson City perk Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Application of the Stay . The City and CBS knew and acknowledged that the stay invoked by the pending appeal of Can Partners prevented the approval of Lummus CBS proffered an indemnification of the City on May 18, 2009- 2 days before the zoning administrator approved the Lummus application Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Indemnification Agreement . "WHEREAS, Outlook Media of South Florida, LLC ... may object to the approval by the City of CBS' FDOT Application for the Lummis Site..." • CBS shall indemnify the City against all claims ""by Outlook ... or any person or entity claiming to own or control a location that has priority of spacing over the Lummus Site, provided that any such claim or cause of action is based upon the City's approval and execution of a FDOT Application for the Lummus Site" Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk N4 4th` it Nt/V`3'd1St ice► .r w Mo& -lw « � .y x350 NW 2n 3121 PIC,. t } ' r �! Vie. " �f'j,► Z1� , � � � 1 • O 1 w 1sttULM _ AIW" -ter nd St _ ��2009 Google AGo k 1 •^25"46'2.7 77"N. 80"12'01-98"M elev 14 It if Nov 17''2007 Eve 2398 it Request • Grant the appeal of the September 14, 2009 zoning board decision, denying the appeal by Outlook of the Lummus application Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk ME Page 1 of 1 . Unknown From: Davis, Linda A. [linda.davis@ruden.com] on behalf of Smith, Glenn [Glenn.Smith@ruden.com] Sent: Monday, May 18, 2009 2:39 PM To: Bittner, Warren; Xiques, Veronica Cc: david. posy @cbsoutdoor.com; Joe.Little@cbsoutdoor.com Subject: City of Miami/CBS Settlement Agreement - Lummis Site 1 Dear Warren and Veronica: Attached hereto is a revised draft Indemnification for your review. I have also enclosed a blackline version. 1 Please review the changes and call me to discuss them as soon as possible. The appropriate CBS officials who would sign the Indemnification will be at the meeting with the Manager on Wednesday. Thus, we would like to finalize the document at that time and get it signed. 1 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) 1 Post Office Box 1900 Fort Lauderdale, Florida 33302 Direct Telephone: (954) 527-2466 Direct Fax: (954) 333-4066 ' - Cell: (954) 263-8657 E -Mail: Glen n.SmithaRuden.com Linda A. Davis ARuden ' Legal Secretary MCC10 "1 200 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 1 NOTICE: This e-mail message and any attachment to this e-mail message contains confidential 1 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. 1 1 ' 11/10/2009 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 (- INDEMNIFICATION 1 THIS INDEMNIFICATION is made this day of , 2009, by CBS OUTDOOR INC., a Delaware corporation ("CBS") for the benefit of the CITY OF MIAMI, a 1 municipal corporation of the State of Florida ("City"). RECITALS: 1 WHEREAS, CBS owns and operates outdoor advertising signs (commonly known as "billboards") in the City; and WHEREAS, on or about July, 2008, CBS and the City entered into a Settlement Agreement to resolve certain disputes relating to the CBS billboards; and 1 WHEREAS, pursuant to the Settlement Agreement, CBS has submitted to the City an FDOT Application for outdoor advertising sign permit ("FDOT Application") for City approval ' and signature, to allow CBS to obtain state permits to construct a billboard on the "Lummis Site" (see Exhibit A); and 1WHEREAS, should FDOT approve the FDOT Application, CBS intends to seek the issuance by the City of an Initial Amended Permit and building permit under the Settlement Agreement to allow CBS to construct a billboard on the Lummis Site; and 1 WHEREAS, Outlook Media of South Florida, LLC, a Florida limited liability company ("Outlook")-&ftd�a CanPartners Realty, Inc. (owner of property located at 328-34 Flagler Street, 1 I Miami, Florida; Folio #01-4137-036-0020) and its successors or assigns (collectively "CanPartners") gndlor Clear Channel Outdoor and its successors or assi s (collectivel; "Clear i Cha nen_1"1 may object to the approval by the City of CBS' FDOT Application for the Lummis Site and to the issuance by the City to CBS of an Initial Amended Permit and a building permit to 1 construct a billboard on the Lummis Site; and ' WHEREAS, CBS has agreed to execute and deliver this Indemnification to the City with regard to certain matters described herein. ' NOW, THEREFORE, in consideration of the foregoing and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, CBS hereby agrees as follows: 1. Indemnity. CBS shall defend, indemnify and hold harmless the City, its officers, agents and employees (collectively, the "Indemnified Party"), from and against any and all loss, cost, expense, damage, claim, cause of action or liability, including (but not limited to) reasonable attorneys' and paralegals' fees and costs through all trial, appellate and post judgment proceedings, resulting or arising from or in any way related to any claim made or cause of action brought by Gull ek ^r GaiiPaft of against the Indemnified Party by Outlook_ anPar ners. leer Channel or anv nerson or entity claiming to own or control a location that hnc priority of snarino RM:5985141:612 based upon the City's Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk approval and execution of a FDOT Application for the Lummis Site submitted by CBS and the 1 property owner, issuance of an }Initial Trended Permit for the Lummis Site to CBS or issuance of a building permit to CBS for construction of a billboard on the Lummis Site, 1 CBS has agreed to issue this indemnity and to necute this Indemnification in reliance truth of representations by the Cily, tllat the City, its en l2loyees &nd agents have not been made aware to date of any. and =antly knows of no nnssible claims concerning the Lummis Site other than by Q >tlook_ CanPartnen and Clear Channel. 2. Defensive Action. Upon asserting a claim for indemnification pursuant to this Indemnification, the Indemnified Party shall furnish CBS with a copy of any demand, inquiry 1 and/or claim received by the Indemnified Party which is covered by the foregoing indemnification within seven (7) business days of receipt thereof. In such event, CBS shall control the defense of the Indemnified Party, and the Indemnified Party shall allow CBS to cause 1 counsel of CBS's choice, reasonably acceptable to the Indemnified Party, to defend the Indemnified Party in connection with any such demand, inquiry or claim and to respond on 1 behalf of the Indemnified Party in connection with any such demand, inquiry or claim, all at the sole cost and expense of CBS; provided that the Indemnified Party in such case may also participate in the defense of such claim, at its own cost, using counsel of its own choosing and further provided that the counsel for CBS shall act as lead counsel in defending the Indemnified ' Parry and shall make all final decisions as to said defense, with consultation from the Indemnified Party's counsel. If the Indemnified Party desires to take over its defense, it shall ` have the right to do so, but, in such event, CBS' obligations under this Indemnification shall be terminated. CBS shall make its selection of counsel within five (5) days of receipt by CBS of a copy of the demand, inquiry or claim and such counsel may be Ruden, McClosky, Smith, Schuster & Russell, P.A. ("Rudee ), notwithstanding that Ruden represents CBS in various matters. , CBS shall pay all of �he hadeffifiified Pei-, ' .CBS shall have the right to settle or compromise the claim, provided that such settlement does not impose any liability or obligation on the Indemnified Party or, if such is not the case, provided that such settlement is approved by the Indemnified Party. 3. Venue, AttomZ§' Fees. In the event of any litigation arising under or in any manner related to this Indemnification between CBS and the City hereto, venue for any such litigation shall be in Miami -Dade County, Florida. The prevailing parry in any such action shall be entitled to recover its reasonable attorneys' fees incurred against the non -prevailing party in such action or any appeals therefrom. ' 4. Entire Agreement. This writing constitutes the entire agreement and understanding of CBS and the City in respect to the subject matter hereof. 5. Binding Effect. This Indemnification shall be binding upon and inure to the benefit of CBS and the City and their respective successors and/or assigns. ' 6. Notices. Any notice, demand or communication (any of the same, a "Notice") required or permitted to be given hereunder shall be in writing and shall be deemed given when I RM:5985141:fi]o _ '.. 'Submitted into the public 2 record in connection with item PZ.6 on 04-08-10 ' Priscilla A. Thompson City Clerk 1 (as elected by the sender of such Notice) either: (i) personally delivered, (ii) transmitted by postage prepaid registered or certified mail, return receipt requested, (iii) transmitted by facsimile (with postage prepaid mail confirmation) to the other as listed below, or (iv) delivered by a nationally recognized overnight courier service, prepaid or billed to sender, in any case addressed to the receiver at the addresses set forth below. The period, however, in which a response to a notice must be given or taken shall run from the date of receipt by the addressee. Rejection, refusal to accept delivery or inability to deliver due to changed address of which no notice has been given shall be deemed receipt. Either CBS or the City may change its address for purposes hereof by written notice given to the other. If to CBS: CBS Outdoor, Inc. 405 Lexington Avenue New York, NY 10174-0002 Attention: David Posy, Esq. Telefax: (212) 297-6552 ® with a copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Blvd. 1 Suite 1500 Fort Lauderdale, Florida 33301 Attention: Glenn N. Smith, Esq. Telefax: (954) 333-4066 If to the City. City of Miami 3500 Pan American Drive Miami, Florida 33133 Attention: Pedro G. Hernandez, City Manager Telephone: (')05)250-5300 1 with a copy to: City of Miami 444 S.W. 2nd Avenue, Suite 945 1 Miami, Florida 33133 Attention: Julie 0. Bru, Esq., City Attorney Telephone: (305) 416-1800 I Facsimile: (305) 416-1801 RM:5985141:6j�Q — 1 Submitted into the public 3 record in connection with item PZ.6 on 04-08-10 1i Priscilla A. Thompson City Clerk 7. Severability. If a court of competent jurisdiction shall determine that any provision hereof is unenforceable, such finding shall not affect the enforceability of the remainder of the provisions hereof. RM:5985141:6�LQ CBS OUTDOOR INIC., a Delaware corporation By: Name: Title: i Submitted into the public 4 record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Lummis Site 350 N.W. 2nd Street Folio 4 01-0110-090-1070 RM:5985141:61Q Submitted into the public 5 record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk r ' CanPartners 328-334 W. Flagler Drive ' Folio # 01-4137-036-0020 1 1 1 1 1 1 e ' I RM:5985141:61Q R r Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson _ City Clerk Document comparison done by Workshare DeltaView on Monday, May 18, 2009 1:52:53 PM 17 R: r• x �.... .� `�.4L. . rd-= ,r, ....rx � �,,•.-_.:._.-:.zyz:��:` :.....F._�_"r-. - SIE•:: "��'k .. E.. .,mac -:-:a. _ •-yam.•:. _ -... v. .�`:.'�s,V..='-.cw ...: Deletions I AA• • • ILYA • - • • Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 �- INDEMNIFICATION THIS INDEMNIFICATION is made this day of , 2009, by CBS OUTDOOR INC., a Delaware corporation ("CBS") for the benefit of the CITY OF MIAMI, a 1 municipal corporation of the State of Florida ("City"). RECITALS: 1 WHEREAS, CBS owns and operates outdoor advertising signs (commonly known as "billboards") in the City; and WHEREAS, on or about July, 2008, CBS and the City entered into a Settlement Agreement to resolve certain disputes relating to the CBS billboards; and 1 WHEREAS, pursuant to the Settlement Agreement, CBS has submitted to the City an FDOT Application for outdoor advertising sign permit ("FDOT Application") for City approval and signature, to allow CBS to obtain state permits to construct a billboard on the "Lummis Site" (see Exhibit A); and C 'IF" P" C 'I' L u HL WHEREAS, should FDOT approve the FDOT Application, CBS intends to seek the issuance by the City of an Initial Amended Permit and building permit under the Settlement Agreement to r allow CBS to construct a billboard on the Lummis Site; and C WHEREAS, Outlook Media of South Florida, LLC, a Florida limited liability company ("Outlook"), CanPartners Realty, Inc. (owner of property located at 328-34 Flagler Street, Miami, Florida; Folio #01-413 7-03.6-0020) and its successors or assigns (collectively "CanPartners") and/or Clear Channel Outdoor and its successors or assigns (collectively "Clear Channel'), may object to the approval by the City of CBS' FDOT Application for the Lummis Site and to the issuance by the City to CBS of an Initial Amended Permit and a building permit to construct a billboard on the Lummis Site; and WHEREAS, CBS has agreed to execute and deliver this Indemnification to the City with regard to certain matters described herein. NOW, THEREFORE, in consideration of the foregoing and other good and valuable considerations, the receipt and sufficiency of which are hereby acknowledged, CBS hereby agrees as follows: 1. Indemnity. CBS shall defend, indemnify and hold harmless the City, its officers, agents and employees (collectively, the "Indemnified Party"), from and against any and all loss, cost, expense, damage, claim, cause of action or liability, including (but not limited to) reasonable attorneys' and paralegals' fees and costs through all trial, appellate and post judgment proceedings, resulting or arising from or in any way related to any claim made or cause of action brought against the Indemnified Party by Outlook, CanPartners, Clear Channel or any person or entity claiming to RM:5985141:10 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk_ 11 own or control a location that has priority of spacing over the Lummis Site, provided that any such 1 claim or cause of action is based upon the City's approval and execution of a FDOT Application for the Lummis Site submitted by CBS and the property owner, issuance of an Initial Amended Permit for the Lummis Site to CBS or issuance of a building permit to CBS for construction of a billboard 1 on the Lummis Site. CBS has agreed to issue this indemnity and to execute this Indemnification in reliance upon the truth of representations by the City, that the City, its employees and agents have not been made aware to date of any, and currently knows of no, possible claims concerning the Lummis 1 Site other than by Outlook, CanPartners and Clear Channel. 2. Defensive Action. Upon asserting a claim for indemnification pursuant to this 1 Indemnification, the Indemnified Party shall furnish CBS with a copy of any demand, inquiry and/or claim received by the Indemnified Party which is covered by the foregoing indemnification within seven (7) business days of receipt thereof. In such event, CBS shall control the defense of the ' indemnified Party, and the Indemnified Party shall allow CBS to cause counsel of CBS's choice, reasonably acceptable to the Indemnified Party, to defend the Indemnified Party in connection with any such demand, inquiry or claim and to respond on behalf of the Indemnified Party in connection 1 with any such demand, inquiry or claim, all at the sole cost and expense of CBS; provided that the Indemnified Party in such case may also participate in the defense of such claim, at its own cost, using counsel of its own choosing and further provided that the counsel for CBS shall act as lead counsel in defending the Indemnified Party and shall make all final decisions as to said defense, with consultation from the Indemnified Party's counsel. If the Indemnified Party desires to take over its defense, it shall have the right to do so, but, in such event, CBS' obligations under this Indemnification shall be terminated. CBS shall make its selection of counsel within five (5) days of receipt by CBS of a copy of the demand, inquiry or claim and such counsel may be Ruden, McClosky, Smith, Schuster & Russell, P.A. ("Ruden" ), notwithstanding that Ruden represents CBS 1 in various matters. CBS shall have the right to settle or compromise the claim, provided that such settlement does not impose any liability or obligation on the Indemnified Party or, if such is not the ' case, provided that such settlement is approved by the Indemnified Party. 3. Venue. Attorneys' Fees. In the event of any litigation arising under or in any manner ' related to this Indemnification between CBS and the City hereto, venue for any such litigation shall be in Miami -Dade County, Florida. The prevailing party in any such action shall be entitled to recover its reasonable attorneys' fees incurred against the non -prevailing party in such action or any ' appeals therefrom. 4. Entire AF-reement. This writing constitutes the entire agreement and understanding of 1 CBS and the City in respect to the subject matter hereof. 5. Binding Effect. This Indemnification shall be binding upon and inure to the benefit of eCBS and the City and their respective successors and/or assigns. 6. Notices. Any notice, demand or communication (any of the same, a "Notice") required or permitted to be given hereunder shall be in writing and shall be deemed given when (as 1 elected by the sender of such Notice) either: (i) personally delivered, (ii) transmitted by postage RM:5985141:10 2 Submitted into the public record in connection with 1 item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk prepaid registered or certified mail, return receipt requested, (iii) transmitted by facsimile (with 1 postage prepaid mail confirmation) to the other as listed below, or (iv) delivered by a nationally recognized overnight courier service, prepaid or billed to sender, in any case addressed to the receiver at the addresses set forth below. The period, however, in which a response to a notice must 1 be given or taken shall run from the date of receipt by the addressee. Rejection, refusal to accept delivery or inability to deliver due to changed address of which no notice has been given shall be deemed receipt. Either CBS or the City may change its address for purposes hereof by written notice 1 given to the other. If to CBS: CBS Outdoor, Inc. 1 405 Lexington Avenue New York, NY 10174-0002 Attention: David Posy, Esq. 1 Telefax: (212) 297-6552 with a copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A. ' 200 East Broward Blvd. Suite 1500 Fort Lauderdale, Florida 33301 1 Attention: Glenn N. Smith, Esq. Telefax: (954) 333-4066 1 ` If to the City: City of Miami 3500 Pan American Drive Miami, Florida 33133 Attention: Pedro G. Hernandez, City Manager Telephone: (305) 250-5300 1 with a copy to: City of Miami 444 S.W. 2"a Avenue 1 Suite 945 Miami, Florida 33133 Attention: Julie O. Bru, Esq., City Attorney 1 Telephone: (305) 416-1800 Facsimile: (305) 416-1801 1 1 RM:5985141 :10 1 3 Submitted into the public record in connection with 1 item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 7. Severability. If a court of competent jurisdiction shall determine that any provision hereof is unenforceable, such finding shall not affect the enforceability of the remainder of the provisions hereof. RM:5985141 :10 CBS OUTDOOR INC., a Delaware corporation By: Name: Title: 4 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk EXHIBIT A ' Lunm is Site 350 N.W. 2nd Street Folio # 01-0110-090-1070 t r 1 L RM:5985141 :10 ' 5 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk CanPartners 328-334 W. Flagler Drive Folio # 01-4137-036-0020 l RM:5985141:10 EXHIBIT B 6 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk C PUBLIC RECORDS REQUEST ' DATE DESCRIPTION 1 October 21, 2009 From Glenn Smith to Warren Bittner attaching the subpoenas issued to Glenn Smith and Warren Bittner ' October 13, 2009 From Warren Bittner to Glenn Smith attaching the October 7, 2009 Carter appeal to the Zoning Board ' October 7, 2009 From Warren Bittner to Glenn Smith. "Glenn here is another self-serving letter from Outlook dated October 7, 2009.. This one actually addressed to you concerning Outlook's offer to ' withdrawal one of its pending appeals. Let's discuss." October 7, 2009 "Glenn, .please find the attached latest letter from Outlook's 1 attorney considering Carter's FDOT application. dated September 25; 2009, which Outlook states.you are copied. Howdoes CBS feel about this - let's discuss." 1 October 5, 2009 Extensive public records request from CBS to the City of any public records requests done by Outlook. Documents in response jncluding anything related to the Carter application. October 2, 2009 From Warren.Bittner to Glenn Smith. "Glenn; please"see ' attached particularly footnote_2, since Outlook extensively acted upon the authority. of CBS in submitting the original applications; and now is appealing the denial of the renewal of ' those applications, I am interested in knowing CBS's view of Outlook's offer to withdraw the appeal in footnote 2. Let's discuss." ' "Glenn, October 2, 2009 From Warren Bittner to Glenn Smith. I would like to discuss ivith you these Notices of Appeal to the City 1 Commission of the Zoning Board's decision. When you get a chance. I know that Amanda Quirke copied you". Referring to the renewal locations and Lummus appeals. ' October 1, 2009 From Warren Bittner to Veronica Xigues and Glenn Smith discussing the tax implications of the Brickell Park. E-mail from Joe Little to Pieter Bockweg and Warren Bittner. "Peter and Warren earlier asked Glenn that we resend the ' letter under my signature attaching a letter stating that CBS will accelerate its payments to the City and clarifying the ' Submitted into the public 534855.1 1 record in connection with item PZ.6 on 04-08-10 1 Priscilla A. Thompson City Clerk_ 1 implications of the opt out ordinance, and also referring to the Parks agenda items, as companion items, they will assist CBS 1 in the implementation of the settlement agreement." September 17, 2009 E-mail forwarding Santiago Echemendia's communications ' with Warren Bittner to Glenn Smith. September 14, 2009 E-mail from Glenn Smith to Warren Bittner including four 1 case citations. September 10, 2009 E-mail from Joe Little to Warren Bittner and Pieter Bockweg 1 acknowledging that the City may revoke its approval of any of the below FDOT applications when it has issued seven initial amended permits to CBS. This includes Mary Mays, Jose 1 Mart, FDOT, Lummus, Fujimo, Overtown Plaza, Black History Musuem and Devecht. 1 September 9, 2009 Referring to a conference call between CBS and the City. September 4, 2009 E-mail from Warren Bittner to Glenn Smith. "Hypothetically, ' if CBS were to relocate its proposal, Lummus signed from its current to. a position somewhere within the actuai park., would then moot the CanPartners issue. Please let us know as soon as ' you can." Response from Joe Little to Warren Bittner. ;The Parks site ' will continue to conflict with CanPartners as the Lummus site does -there would be no benefit. There could be. the added complication thatLummus has been under contract first with ' CBS and Clear Channel and now with CBS again. If we were to jump across the property line to City property the owner of Lummus might well feel offended. 1 September 3, 2009 From Ines to Warren Bittner attaching an amendment to the ' settlement agreement and accompanying City resolution for the 1,000 foot issue. While CBS outlook disagrees with the City's interpenetration and desire to have. the 1,0,00 foot ' approvals made on"a case by case in the spirit of moving things forward we have revised the document so that the 1,000 foot interpretation will be limited solely to the amended permits governed by the CBS settlement agreement. August 31, 2009 E-mail from Warren Bittner to Glenn Smith. "Glenn, here is 1 the legislation we have prepared for the September 10`h which will take care of the 1,000 spacing issue, we believe it requires a iSubmitted into the public 534855.1 2 record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk IAugust 31, 2009 simple amendment to the settlement agreement, also attached. Please let me know if these are okay with you." From Glenn Smith to Warren Bittner. "We do not understand the need to amend the settlement, the City Code has no spacing requirements. The spacing is based on state requirements which have now been changed to 1,000 feet plus the settlement would now be based on 1,000 feet as a matter of law. I thought you were going to inform the Board that the spacing is 1,000 feet and get their approval to send a letter to FDOT confirming. Also, we do not think CBS should be limited to three signs at a 1,000 feet, there will be more, GT Used Truck say that it has already been submitted. CBS is working on others. Ensure that the legislation is not acceptable to CBS. Between Warren Bittner and Glenn Smith where Warren Bittner is saying there is going to be a resolution authorizing the City Attorney to intervene in the administrative proceeding concerning the Parks properties. Glenn replies with citing tag numbers 57545 and 57546, Black History Musuem. And the numbers for Jose Marti and Overtown Plaza. 1 item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk August 31, 2009 From Glenn Smith to Warren Bittner. "Dear Warren, CBS ' has to date submitted the following sites to the City with a 1,000 foot spacing, Fujimo, Overtown Plaza, GT Used Trucks and City of Miami Black History Museum for 33 NW 19" ' Street. There may be other sites developed and submitted. August 21, 2009 E-mails indicating there was a meeting on August 24, 2009 at ' the MRC Building between Glenn Smith, Joe Little, Orlando Toledo, Pieter Bockweg and Veronica Xigues. ' June 17, 2009 E-mails from Warren Bittner to Glenn Smith. "Glenn, here is a copy of the Order Denying Outlook Media's Writ of Mandamus for your review. Response by Ines ' "Congratulations." June 16, 2009 E-mail on Glenn Smith sending Warren Bittner case law. I'm ' finding some good cases for the argument that there is no clear legal right whether there is a factual issue disputed such ownership or entitlement or interpretation of the Code. eJune 12, 2009 E-mail from Warren Bittner to GIenn Smith attaching a transcript for the hearing in January. Submitted into the public 534855.1 3 record in connection with 1 item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 June 11, 2009 E-mail from Warren Bittner to Glenn Smith. "Glenn, I think this is potentially a huge mistake on Outlook Media's part. If ' Outlook fails to appeal the Circuit Court Appellate Division then denial of the permits the matter will be res judicata. If he does appeal, outlook will have a very difficult standard review in its effort to obtain a reversal, he must know all of this and is now apparently trying to get a second bit of the apple before he has to file his writ of cert. I think we should simply move to, 1 dismiss the litigation. He has gotten all the relief he is entitled to out of the administrative process. I will need to amend my motion to dismiss to assert the availability of administrative ' remedies as a basis for dismissal. Then rethinking Warren Bittner sends an e-mail to Glenn Smith — I'm thinking that maybe we should just let the petition be heard on the merits ' and mention as part of our argument that because of the administrative process the petition should simply be dismissed that way we preserve the issue on appeal should the Court rule ' adversely to us and erroneously issues the writ of mandamus. June 11, 2009 E-mail from Warren Bittner to Lourdes Slazyk, Orlando Toledo, Pieter Bockweg and Glenn Smith. "See the attached ' notice of hearing for June 17`h on the Writ of Mandamus. At this time I do not recommend that either Orlando or Pieter ' attend. If you are present you could be called upon to give testimony which will just make the hearing longer or interject irrelevant issues. ' "I June 17, 2009 E-mail from Steve Helfman to Warren Bittner. just spoke to Amanda and she said she is going on the Zoning Board. ' Then Warren Bittner's response to Steven "Thanks for the tip." ' May 18, 2009 From Glenn Smith to Warren Bittner providing an indemnification for the City's signature of the Lummus site. I There was a conference call referred to in the May 11, 2009 e- mails between Glenn Smith and Pieter Bockweg. 1 May 8, 2009 E-mail between Warren Bittner and Glenn Smith referring to a conference call on that date. e May 6, 2009 E-mail from Warren Bittner and Glenn Smith on the continuance for the May 11, 2009 Zoning Board hearing. "Glenn, do we have any objection to this? See Amanda ' Quirke's e-mail below." Submitted into the public 534855.1 4 record in connection with ' item PZ.6 on 04-08-10 Priscilla A. Thompson l City Clerk April 15, 2009 E-mail from Glenn Smith to Warren Bittner. "Attached hereto is a copy of letter from Ed Scherer of CBS Outdoor to ' Lourdes Slazyk to which is attaching an FDOT application for a sign at the Oppenheim site. Also attached is a copy of the cancellation certification for removal of the DACRA sign. 1 March 11, 2009 E-mail from Glenn Smith to Pieter Bockweg and Warren Bittner. "This it to certify that CBS has now removed all signs ' on Exhibit B, please confirm this issue will be removed from the Commission agenda." t March 3, 2009 E-mail regarding Mary Mays. "Glenn, I reviewed the letter Ms. Quirke copied me on she is suggesting that the City issue a building pemit jointly in the name of CBS and outlook Media. t I'm not aware of the provision the settlement agreement that permits that." Glenn responds "Warren, I believe this to be a moot issue because CBS is not interested in such an t arrangement. See my e-mail to Amanda Quirke yesterday which I copied you." t February 5, 2009 E-mail from Warren Bittner to Maria Chiaro copying Glenn Smith. "Maria, Glenn Smith representing CBS wants to send you some case law so I'm providing him your e-mail address." tFebruary "Are 5, 2009 E-mails - you ready for the conference call re is Outlook 1 Media's Zoning Board appeal." And noting that Warren t Bittner invited CBS to the meeting where the City officials discussed the Outlook Zoning Board appeal. t January 30, 2009 E-mail from Warren Bittner to Glenn Smith. "I would recommend that CBS file a paper indicating CBS's intention to intervene it with the hearing Boards Clerk asap with service on ' the appellant and the City directed to me." January 30, 2009 E-mail between Warren Bittner and Glenn Smith. "Glenn, 1 Pieter and I are going to meet in a few minutes to discuss the CanPartners issue. We will thereafter make a recommendation to Orlando, I may try to call you afterwards. t Our goal is try to get Lummus done and out of here, if at all possible." January 20, 2009 Warren Bittner to Glenn Smith noting that they want the motion to intervene to be said at the same time as the City's Motion to Dismiss. 1 534855.1 1 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk December 19, 2008 E-mail - "Glenn, Quirke and Echemendia called a few minutes ago indicating they were administratively appealing the Zoning Administrative's decision to deny their permit on Mary Mays and Sevennine. I am inclined not to agree to abate their Writ of Mandamus because I don't think there is any merit to anything they are doing. How do you feel? December 9, 2008 E-mail from Warren Bittner to Glenn Smith attaching the Sevennine denial and the Mary Mays denial. December 5, 2008 E-mail referencing 660 NW 20`' Street. This is the site that conflicts with Elks. This is to clarify and supplement my letter to you of December 2 concerning the 660 NW 20`h Street. If the City encounters any problems or issues with respect to the application, CBS will a responsible for the same and in addition?? To removing the two signs referenced CBS will also remove the sign at 1161 to 71 Flagler Street. December 2, 2008 E-mail regarding 660 NW 20th Street. Letter referencing removing the signs at 3800 Bird Road and 1661 West Flagler. November 3, 2008 E-mail from Glenn Smith to Veronica Xigues and Warren Bittner. "We have now received word that the City has signed off on the FDOT application for the Lummus site. It is `critical to get this done right away to protect the spacing." September 16, 2008 E-mail where CBS consents to the filing of Lourdes' affidavit in the Monsalve appeal. Submitted into the public 534855.1 6 record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 1 1 1 1 1 1 1 1 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 2-5 J CITY OF MIAMI City Hall 3500 Pan American Drive Miami, Florida 33133 ORIGINAL Miami City Hall Zoning Board Meeting Mr. Juvenal Pina, Chairperson Mr. Charles Garavaglia, Vice Chair Mr. Ron Cordon, Member Mr. Cornelius Shiver, Member Mr. Lazaro Lopez, Member Mr. Miguel Gabela, Member Mr. Richard Tapia, Alternate Member 1 +' 3 3 0 O Y v U p� O L ++ 00 L & c � C � Q O r6 101 V : v a a L E I v v N L ++ 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 APPEARANCES: (SANTIAGO D. ECHEMENDIA, ESQUIRE TEW CARDENAS LLP 1441 Brickell Avenue Suite 1500 Miami, Florida 33131 WARREN BITTNER, DEPUTY'ATTORNEY CITY OF MIAMI OFFICE FOR THE CITY ATTORNEY 444 S.W. 2nd Avenue Miami, Florida 33130 INES MARRERO, ESQUIRE HOLLAND & KNIGHT, LLP 701 Brickell Avenue Suite 3000 Miami, Florida 33131 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson _ City Clerk 2 1 MR. ECHEMENDIA: -- we believe that there 2 are -- there may be a little bit of a notice 3 issue. I mean, it's arguable that because I am 4 here it is a cured issue, but the notice that 5 we got wasn't within the 15 days that is 6 required under the ordinance, and so there may 7 be a procedural deficiency, as it relates to 8 the notice on our appeal. 9 We are the appellant and in that light, 10 and because you have somewhat of a short board, 11 as a courtesy we would ask you to defer the 12 matter until September. 13 CVS, I believe, the City, not the special 14 counsel on the matter, but the City Attorney is 15 here, who will articulate why they are opposed 16 to the extension. I would submit to you that 17 it's ironic in that they appeared two months 18 ago in front of the City Commission in effect 19 supporting the continuance on a very similar 20 matter, which was even more time sensitive, 21 because we had a deadline by which we actually 22 had to construct a structure. The premise for 23 that request for deferral was that there was 24 pending litigation. I would submit to you that 25 that is the exact situation that we have now. NO i u L O 41 O Y CL 3 O o 'i a v O U U y 00 O O C -O 0 u 0 � E o E v 1 1 We are requesting it as a courtesy. You have a 2 relatively short board and therefore we would 3 ask you that in light of what appears to be a 4 procedural infirmity in the notice, the short 5 board, and the fact that no one will be 6 adversely affected, there will be a delay in 7 time, but there is pending litigation, we would 8 urge you to grant us a continuance. 9 MR. PINA: Mr. City Attorney? 10 MR. BITTNER: Good evening, Warren 11 Bittner, Deputy City Attorney. I would like to 12 correct Mr. Echemendia. There is no pending 13 litigation concerning the items before you. 14 What is being litigated is the matter that you 15 heard a few months ago, and that was whether or 16 not the zoning administrator should issue two 17 building permits concerning two particular 18 locations. That wound it's way up to the City 19 Commission a few weeks ago. That is not the 20 topic of the litigation. Whether or not there 21 is any adverse affect as to a continuance, I 22 will allow the attorney for CVS to address 23 that. 24 MS. MARRERO: Good evening, Mr. Chairman, 25 My name is Ines Marrero from Holland & Knight 41 u L � O Y E v o 00 Y_ L Y 0 0 t U 0 O C O Q O O ro u cu SOI u a Ea o E a, In i' 1 with offices at 701 Brickell Avenue. I am an 2 attorney here on behalf of CVS. ince are the 3 (unintelligible) whose permit is being appealed 4 by Outlook. This is not an (unintelligible) 5 asking for a deferral until September. That 6 means we don't get to proceed under the 7 approval that the City administrator has 8 determined we are rightfully entitled to until 9 September. And assuming that they then appeal 10 the decision of this board to the City 11 Commission, if it's not favorable to them, then 12 we are looking at November for no wrong of our 13 doing. I submit to you that we would be 14 wronged. And we had obtained the permits that 15 we are entitled to and they have appealed our 16 approval. 17 I would submit to you that they don't even 18 have standing to appeal our standing, because 19 they are not entitled to have these permits, 20 and they don't own property or are affected by 21 the issuance of these permits, but, we can 22 discuss that substantively when this matter is 23 heard. So we adamantly object to this matter 24 being deferred. 25 MR. ECHEMENDIA: Mr. Chairman, if I can M 6 1 clarify, because I was a little confused, with 2 all due respect, to the young lady -- to Ines. 3 - We -are on item one. Item one is not the 4 Lummus application that they purport to have 5 the approval on; that is item two. 6 Item one is on the FDOT permit 7 applications that are under our name, under 8 Outlook Media of South Florida, which we have 9 requested a renewal on the part of the zoning 10 administrator and she has stated that -- we 11 have actually requested a renewal on behalf of 12 CVS in writing, which is in your packet and 13 she, because we didn't have CVS's consent, 14 which was withdrawn after the fact, they had 15 consented and then they withdrew their consent; 16 she did not renew. 17 We are before you arguing that our 18 applications should be renewed by Lourdes that 19 she erred in that. And so they are not their 20 permits. They are our FDOT local government 21 approval, which Lourdes -- 41 c 3 o a a 0 22 MR. GARAVAGLIA: I think we need to talk 000 o L61 .� d F- V C CD 23 about whether we are going to continue this, if c a d p N 24 we are going to hear the case. I don't want to -a a EU 25 go any deeper. 0j ' 1 1 1 7 I MR. ECHEMENDIA: The worst case, what I 2 would submit, is if you could, at the very 1 3 least, -continue every -.it -em. I believe that CVS 4 would say that if there is one that should not 5 be continued it would be CanPartners. 6 CanPartners is the only one that adversely 7 affects Lummus, which is the next item because 1 8 of a spacing issue. So if you want to defer 9 all of them, with the exception of CanPartners 10 that is fine with us. I would like for the 1 11 record -- well, the record reflects that CVS is 12 here. If they don't agree to that continuance, 13 can we confirm whether they agree to or not to 14 everything being continued with the exception 15 of CanPartners? 1 16 MR. PIMA: Hold on. Hold on. Answer the ® ® 17 .question. 18 MS. MARRERO: No, we believe we should be 1 19 heard. i 20 MR. ECHEMENDIA: Then I have one final 21 solution. a .� c Y o ` E �U c e 22 MR. PINA: One moment. Why is this on the +� o a, ,r . 0 ~ c r c � d 23 agenda? Just a simple practical question. 0) °I 1 .- N v 24 UNKNOWN SPEAKER: You have this on the 0 E 25 agenda, because it's an appeal decision - 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 WE MR. PINA: By Mr. Echemendia? UNKNOWN SPEAKER: Yes. MR. PINA: Okay. So therefore my opinion is we should hear the item. MR. ECHEMENDIA: Let me suggest one other thing on the continuance, because I am trying to avoid you guys hearing this twice. MR. PINA: With all due respect, if you didn't want this to be before us you shouldn't have put it before us. MR. ECHEMENDIA: We didn't. We actually requested in writing. It was deferred in definitely by Maria -- MR. PINA: It's before us. All the parties are here. My opinion is let's hear the items. If anyone thinks otherwise -- MR. CORDON: I am not quite sure I understand how you are being adversely impacted if we were to hear it in this pending litigation? Can you tell me how this pending litigation will impact the issue before us here today? `-' o 3o Qom, MR. ECHEMENDIA: Mr. Cordon, the v.° o o V o W I 0 L ~ Y_ v litigation is not impacted, but to the extent c c d -o o O �o that there could be settlement discussions et a ala 0 E 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 cetera, we see no reason to go forward, particularly as it relates to those that are not CanPartners. There are a number of appeals in front of you. The only one that affects item number two is CanPartners. What we would suggest we would be willing, if you are not receptive to .a deferral, we would even be willing -- well, if you are not receptive to a deferral then I have a request as part of my substantive case. MR. PIMA: Do you withdraw? MR. ECHEMENDIA: I am sorry? MR. PINA: Do you withdraw the item? MR. ECHEMENDIA: No, I have a proffer, but it will be part of my substantive case. MR. PINA: You are not willing to withdraw the item? MR. ECHEMENDIA: No, we would request a continuance. And I think CVS has indicated that not even without CanPartners being denied or approved. MR. CORDON: Have they asked for a continuance before? MR. ECHEMENDIA: I am sorry, Mr. Cordon, we did request a continuance through the City 0 U L C :+ 0 3 0 0 Y 'i CL— CL c E u a, 0 0 L ++ o a 0 c L F- Y u c o c a 0 0 M N c •U a Ev -0 0 a I ani LA Y 1 Attorney's office. 2 MR. CORDON: But you have not come before 3 us and asked for one? 4 MR. ECHEMENDIA: We have not come before 5 you and requested a deferral. The City 6 requested a deferral in the first instance, 7 because I think Lourdes was unavailable. We 8 are requesting one as a courtesy. 9 MR. GARAVAGLIA: As a matter of courtesy 10 we generally do allow this, so I will make a 11 motion to continue this, so we could move off 12 of it or hear the -- 13 MR. PINA: Is there a second? 14 MR. SHIVER: Second. 15 MR. PINA: Motion by Mr. Garavaglia, 16 second by Mr. Shiver. Roll call, please. 17 MR. ECHEMENDIA: We would like to defer 18 the next item as well. Two separate items. 19 September meeting, yes. 20 MR. GARAVAGLIA: Okay. We are in the 21 middle of roll call. 22 MR. ECHEMENDIA: We are actually 23 requesting it for both, but I think you have to 24 do one at a time. 25 THE CLERK: You are moving to continue 10 1 U t _ c 41 3 3 O Y v CL c o n E v W o s+•Qt_ 00 O c O C a u v = �O u E d U 3 1 item one to September 14. 2 MS. MARRERO: I am sorry. 3 MR. PINA: We a -re in the middle of roll 4 call. Go ahead. 5 THE CLERK: Who moved _it? For the record, 6 Mr. Shiver is present now. 7 MR. GARAVAGLIA: I moved it. 8 MR. PINA: Shiver second it. 9 THE CLERK: Mr. Garavacglia? 10 MR. GARAVAGLIA: Yes. 11 THE CLERK: Mr. Shiver? 12 MR. SHIVER: Yes. 13 THE CLERK: Mr. Cordon? 14 MR. CORDON: Yes. 15 THE CLERK: MR. Gabela? 16 MR. GABELA: Yes, ma'am. 17 THE CLERK: Mr. Lopez? 18 MR. LOPEZ: Yes. 19 THE CLERK: And Mr. Pina? 20 MR. PINA: No. 21 THE CLERK: I'm sorry, Mr. Tapia? 22 MR. TAPIA: No. 23 THE CLERK: And Mr. Pina? .24 MR. PINA: No. 25 THE CLERK: Motion passes five to two to 11 u t O a-+ O Y 3a � - C- n CL c & U N O o0 =0 H ate+ U 0 O 41 � c � d 'd p f6 u lDl u a E -a L a E uW L 41 I continue item one to September 14. 2 MR. PINA: Next item? 3 MR, ECHEMENDIA: Mr. Pina -- and thank 4 you, because there was going to be a huge 5 production and Warren has done a nice job with 6 a big packet, so you are saving yourselves a 7 lot of time. They are tandem items -- 8 UNKNOWN SPEAKER: (Unintelligible). 9 MR. ECHEMENDIA: Sorry. We would also 10 request a deferral on the same date so we could 11 bring them back at the same time. 12 MS. MARRERO: If I may just on the record, 13 again, on behalf of CVS. He had previously 14 stated that I had confused the issues. This is 15 our permit. He is adversely affected our ---- 16 MR. PINA: We are not going to hear the 17 item. Item number two. 18 MR. GARAVAGLIA: I will make the same 19 motion. 20 MR. PINA: The same motion by 21 Mr. Garay.aglia. 22 MR. SHIVER: I want to discuss it. Are 23 you saying that it is our benefit to continue 24 these and we are saving ourselves time, or are 25 we doing something to assist you? 12 1 v & C CL = 2 a ai W o 00 E U o +' ac 0 +& �u o a = w •'-'value E a` a► ) .i 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2C 21 22 2- 2� 2` MR. ECHEMENDIA: Y-ou are assisting us, but I hate to put it in terms of assisting you. I was just telling you that if you hear this item it's probably going to take an hour and half or two. MR. SHIVER: That's what we do. MR. ECHEMENDIA: That is what you do. I said that kind of flippantly. The fact is we would request the same deferral, so that the items can be heard at the same time. MR. PINA: Mr. Shiver, are you done? MR. SHIVER: Yes. MR. TAPIA: I have a question: The permits that's owned by CVS, Outlook Media is still using it? If we defer it are you still using the permits? MR. ECHEMENDIA: No, sir. The issue on appeal, without really kind of going into the substance, is the permit that they are requesting is spaced out by our permit. That's the basis of our appeal. So we are saying the City, improperly on May 20th, gave them the permit on Lummus, because we have CanPartners, which is within 1500 feet that spaces it out. We are having discussions on and off about 13 41 0 3 o CL cr' Eu 0 000 a� c Q c 0 0 c 1DI :N N -a a a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 2 2 2 2 2 1 2 3 4 14 resolving cur differences. And we are still working towards that and it includes this very issue. --= MR. TAPIA: My question is: What you are using right now that they are disputing, you are charging it out are you making money off of this place? MR. ECHEMENDIA: No one is. We have leases on all our sites and they have the lease on this site. Tele are sitting in the same predicament. Until we resolve our issues we can't move forward. MR. TAPIA: Until we resolve this problem CVS can't use their permits? They can't use -- Y_ MS. MARRERO: The permit expires in 280 days. We have to obtain a building permit from the City -- a building permit within 280 days. MR. ECHEMENDIA: They can also get an extension. The City will resign their local government approval, in which case the 280 days start kicking again. So we would submit, just to be consistent with the next item, we would urge you to continue it as well to September. M CL MR. BITTNER: May we be heard on that, OJ 0 5 please? -a y 1 ' i 15 1 The difference between these two 1 2 applications is that this second application, ' 3 item number two, is a permit that the City of 4 Miami is obligated to give CVS under the 5 settlement agreement. They are trying to hold 1 6 up that permission because Lourdes Lasik (as 7 spoken) failed and refused to issue a competing. 1 8 application for them. They don't have a permit 1 9 to block us. Their complaint is that we didn't 10 issue them the permit. They have no right to 11 hold up CVS to do this. P_nd it's imperative r 1 12 for CVS to hear this tonight, because their 13 permit will expire before you meet again to ' 14 consider this. That is -- 1 15 MR. ECHEMENDIA: It doesn't expire. It 16 expires in 280 days. ' 17 MR. PINA: I .don't want to hear the 18 technicalities of it. Mr. City Attorney made a ' 19P oint. ' 20 MR. GARAVAGLIA: I have a question. 21 MR. CORDON: In that case I may consider j e 22 withdrawing my second then. If I understand ' 23 your argument. You are saying that thisa u • t Y � O ` a 2 E 8 24 continuance, unlike I didn't hear on the first oo ~ " ' C Q 25 one, although I was late. Somebody may be 0 U +'- }= -a nj of a 1 OE a In L }'' 1 harmed or prejudiced by a continuance on Z.2, 2 but not so for Z.1. 3 MR. BITTNER: In my view, there shouldn't 4 be a continues on any part of this. We need to 5 get this over with. You can also reconsider 6 one of your motions, while the meeting is still 7 pending. However, the impact of continuing 8 item number two is much greater. 9 CVS has a right under the settlement 10 agreement and under the zoning ordnance to this 11 particular application. The zoning 12 administrator signed it and now they are 13 appealing it to hold it off -- 14 MR. ECHEMENDIA: Mr. Chairman, we are fine 15 with going forward with Z.2. 16 MR. HELFMAN: I don't think you could hear 17 Z.2 without hearing Z.1. You either have to 18 take a deferral on both of these or you have to 19 hear the first one. They are directly related 20 to each other. 21 MR. ECHEMENDIA: CanPartners is the only 22 one that is related, Steve. The rest are not 23 related to Z.2. 24 MR. HELFMAN: Had they taken individual 25 appeals on each of the individual eleven dozen 16 1 u t = O 3 o '7 Q v CL Ev' W L oao +' Q L +' U F- U C d c c -o O o v C SDI u N �^ _ E�aa` o E U 41 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 19 20 21 22 23 24 25 17 sites or so, then I would concur that you could somehow segregate them. They are not segregated. It is one appeal. And it needs to be decided in order for the second application to be heard. You cannot -- you can't sever these two applications. Depending on what you do in item one is going to affect the decision on item two. MR. ECHEMENDIA: That's incorrect. MR. PINA: There is a motion on the floor. Mr. Garavaglia? MR. CORDON: Now the argument that I am hearing is that, well, we are supposed to acknowledge some kind of damage on what he does, requesting something that he has a right to request. I don't think that is for us to decide. The law, I think, contemplates how to resolve where someone gets an action that hurts you. That's not for us to decide. If it's a i tort or contract or whatever, okay, then you deal with it with the.law. What we are here to +'Y c a CL E address is whether or not this applicant has a U v = u 0 0 right to ask for a continuance. That's what I -o U ° fD N C aLA 'u am basing it on, because I have seen since I E -o 0 ° Ln �' ° have been here that people get a chance to 1 exercise that right. 2 Now would I have enough information to 3 actually determine whether or not what he is 4 actually exercising hurts you? No, I would 5 have to be a jury on that case, when you sue 6 them for doing something that you think damaged 7 you. But I can't use that, because I don't 8 have enough information to make that decision, 9 other than what you allege or what he is going 10 to say. But my decision is strictly on the 11 fact that we always extend that courtesy. To 12 my mind it's consistent to do so, because this 13 is his first time asking. And if you think 14 that he is wrong for asking, you could prove 15 it, then I think you know where to go to get 16 damages when you could show that you have been 17 injured by someone's actions. 18 MR. GABELA: May I just say something? At 19 the end of the day they might sue, so why spin 20 our wheels when they might be back here -- 21 because you said you are negotiating, right? 22 MR. ECHEMENDIA: We are having 23 discussions. 24 MS. MARRERO: No, it's not correct. 25 MR. GABELA: I heard somebody -- NO i u +t+ 0 O Y 3.�o CL c aL. T � E u (U s 'U 00 o O s o 0)oF-u c 41 Q O -p u o M W c UDI:u v N a L i E OE a u in a W 41 19 1 MS. MARRERO: The issues in litigation 2 were the subject of mediation and the parties 3 .-could not agree on a settlement. 4 MR. GABELA: But you are in ?mediation -- 5 MS. MARRERO: Relative to other issues; 6 not the ones that are properly before you. 7 MR. ECHEMENDIA: If I may, for the record 8 to correct that, because I am actually involved 9 in the negotiations and Inez is not. 10 MS. MARRERO: That's not correct. 11 MR. ECHEMENDIA: We went to mediation and 12 it impassed as recently as yesterday or the day 13 before. My partner reached out to Mr. Smith 14 with an overture and an effort to continue 15 discussions, and an offer to go to Arizona to 16 have discussions. So that to me means that 17 there is a good faith effort that, despite a 18 clench fists on their part, there is an 19 extended hand on ours to try to have 20 discussions; whether we reach an impasse i u s 21 tomorrow, I don't know. But are there going to�a 3 o Q v oo o 41 a - u 22 be discussion? Yes, there are going to be ° o d c o M 23 discussions. And I, respectfully, for the City ala £ 24 Attorney -- the City Attorney is supposed to be o E = a VI L .- 25 a neutral arbiter for the special counsel. And 1 2 3 4 5 6 7 8 9 10 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 the comment that you cannot bifurcate -- I would respectfully disagree that you cannot separate CanPartners which -- and the only reason that CanPartners relates to two is, because their position is they can't win on two without CanPartners being denied. MR. PINA: Let's not get into the case. Mr. Garavaglia? MR. GARAVAGLIA: To our standing attorney, I guess, someone mentioned that he didn't think that he had standing to be here. Is that -- help me understand why and I don't remember who said it, but he doesn't have standing to appeal? MR. ECHEMENDIA: I think Inez said that I may not have standing. Obviously, we have standing. We are here. We are an affecting party. MR. GARAVAGLIA: You are not in agreement with their statement about him not having standing? sure. MR. HELFMAN: On item two? MR. GARAVAGLIA: I'm not sure. I'm not MR. HELFMAN: There is an issue of the 20 1 V C Y O •3 L o a� a C DE. r" D u u, 0 00 0 �- +L-' C U O c o d c u o m r �I• N v a L L E u E d fl NN ai 45 L 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 21 1 right to challenge the action that has been taken. Whether that is standing or not, what she'.s referring to I'm not quite sure. But I think that in terms of a continuance the issue of standing probably is not really relevant. The issue of standing would go to the merits of the application once we got into it. But on the issue of the continuance, you would see if you got involved in these that they are directly related. The decision that you make on one affects the decision on item two. So if you are going to grant a continuance it needs to be on both of them. If you are not, then you need to go back and reconsider your item on number one. MR. PIMA: All right. Let's take a vote on item two. We have a motion by Mr. Garvaglia. Is there a second? MR. GABELA: I will second it. MR. PINA: Mr. Gabela has a second. Roll 1 call, please. THE CLERK: Okay. So (unintelligible) and u Y O O Y i Mr. Gabela is second?a CLu O O t+;9 oo G MR. PINA: Yes. ° o ►- u c c d MR. TAPIA: What is the motion? O -a " a c `al U c y _ N 1A 1 MR. PINA: To continue. 2 THE CLERK: This is a motion to continue 3 item two with a date certain of September 14th. 4 Mr. Garavaglia? 5 MR. GARAVAGLIA: Yes. 6 THE CLERK: Mr. Gabela? 7 MR. GABELA: Yes, ma'am. B THE CLERK: Mr. Cordon? 9 MR. CORDON: Yes. 10 THE CLERK: Mr. Lopez? 11 MR. LOPEZ: Yes. 12 THE CLERK: Mr. Shiver? 13 MR. SHIVER: Yes. 14 THE CLERK: Mr. Tapia? 15 MR. TAPIA: No. 16 THE CLERK: Mr. Pina? 17 MR. PINA: No. 18 THE CLERK: Motion passes five to two. 19 MR. ECHEMENDIA: Thank you. 20 MR. BITTNER: Thank you very much. 21 (Thereupon, the proceedings concluded at 22 7:34 p.m.) 23 24 25 22 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 23 1 CERTIFICATE 2 3 STATE -0 F FLORIDA: SS: 4 COUNTY OF MIAMI-DADE: 5 6 I DIANA SANTOS, Shorthand Reporter, do hereby 7 certify that the zoning board meeting in the case of OUTLOOK 8 MEDIA OF SOUTH FLORIDA, LLC, was heard before the zoning 9 board, on June 8, 2009; and that the foregoing pages, 10 numbered from 1 - 22, inclusive, constitute a true and 11 correct transcription of my shorthand report of the 12 proceedings. 13 14 WITNESS my hand and official seal in the City of 15 Miami, County of MIAMI-DADE, State of Florida, this 21st day 16 of June 2009. 17 18 19 Diana Santos 20 Notary Public - State of Florida My Commission No. DD 437554 21 22 23 24 _. 25 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson _City Clerk __ _ _ a 1 � z z 1 v u i u W Submitted into the public record in connection with item PZ -6 on 04-08-10 Priscilla A. Thompson City Clerk 1 1 1 1 O ' F u Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk F `r 9 FLORIDA DEPARTMENT OF TRANSPORTATIO�i����''� OUTLOOK MEDIA OF SOUTH FLORIDA LLC. i,�,%y�•��/dam . � --- Petitioner �S F r. V. STATE OF FLORIDA, DEPARTMENT: OF TRANSPORTATION, rn ' Respondent OUTLOOK MEDIA OF SOUTH FLORIDA LLC'S PETITION FOR FORMAL ADMINISTRATIVE HEARING Pursuant to Florida Statute Section 120.569; Outlook Media of South Florida, LLC. ("Outlook") hereby files this petition for formal administrative hearing, and states the following in support: A. Agency affected is: Agency file number: Florida Department of Transportation Outdoor Advertising Office License and Permit Office 605 Suwannee Street Mail Station 22 Tallahassee, FL 32399 Application # 57474 & 57475 B. Petitioner: Outlook Media of South Florida, LLC 2295 S Hiawassee Rd. Suite 203 Orlando, Florida 32835 407-363-1212 Statement of substantial interests affected: Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk The subject of this appeal is the denial of Application numbers 57474 and 57475 (the "Can Partners Applications,") for an outdoor advertising sign located at 328-34 Flagler St. (the "Property"). On or about May 4, 2009, Outlook Media of South Florida, LLC ("Outlook") submitted the complete Can Partners Applications for an outdoor advertising sign located on the Property. However, FDOT denied the Can Partners Application, and cited the following reasons: (1) parcel Ids do not match; (2) sign does not meet spacing requirements, in conflict with permitted sign(s), tag#(s) CF 412/ CF 413; and (3) local government form must be completed not more than six (6) months prior to receipt. This petition is an appeal of that determination, because (1) Outlook has corrected the scrivener's error on the folio numbers, in accordance with Florida Statutes Section 479.08; (2) the outdoor advertising sign is at least 1,000 feet from the nearest outdoor advertising sign on the same side of the highway, in accordance with Florida Statutes Section 479.07(9) as amended by HB 1021; and (3) FDOT does not have the authority to deny outdoor advertising locations on the basis that the local government permission was granted more than 6 months prior to application to the FDOT . The denial of the Can Partners Applications affects Outlook's substantial interests, because Outlook has a lease for an outdoor advertising sign on the Property, and continues to incur economic damages as a result of the denial of the Can Partners Applications. C. Notice: Outlook received the Notice of Denial on May 22, 2009. D. Disputed issues of material fact: (1) Whether Outlook has corrected the scrivener's error, which correction is permitted in accordance with Florida Statutes Section 479.08; (2) Whether the outdoor advertising sign proposed in the Can Partners Applications is at least 1000 feet from another outdoor advertising sign on the same side of the highway, in Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk accordance with Florida Statutes Section 479.07(9) as amended by HB 1021; (3) Whether the FDOT has the authority to deny the Can Partners Applications because the local government approval on FDOT Form 575-070-04 was issued more than six months prior to the date of application to the FDOT for an outdoor advertising permit. E. Statement of facts: As a preliminary matter, Outlook has corrected the scrivener's error, which correction is permitted in accordance with Florida Statutes Section 479.08. The outdoor advertising sign proposed in the Can Partners Application is more than 1,000 feet from any other outdoor advertising sign on the same side of the highway, and thus is in compliance with Florida Statutes 479.07(9) as modified by HB 1021. On May 27, 2009, Governor Charlie Christ signed HB 1021 into law, which added the City of Miami to the pilot program provided in Florida Statutes Section 479.07(9)( c) (2008). Therefore, the required distance between permitted signs on the same side of the highway is reduced to 1,000 feet. See HB 1021, attached as Exhibit C. The nearest outdoor advertising sign is located at least 1,000 feet from the outdoor advertising sign proposed in the Can Partners Applications. For this reason, FDOT improperly denied the Can Partners Applications, because the proposed outdoor advertising sign is more than 1,000 feet from the nearest outdoor advertising on the same side of the highway, in accordance with Florida Statutes Section 479.07(9), as amended by HB 1021. FDOT does not have the authority to deny outdoor advertising sign applications based on the fact that the local government permission was issued more than six (6) months prior to the application to FDOT for an outdoor advertising sign. There is no requirement in Florida Statutes nor in the Florida Administrative Code which requires local government permission to be issued 3 Submitted into the public record in connection with item PZ -6 on 04-08-10 Priscilla A. Thompson City Clerk _ within 6 months of the application to FDOT. The only provision relating to local government permission requires an application to be accompanied by "a statement from the appropriate local governmental official indicating that the sign complies with all local government requirements and that the agency or unit of local government will issue a permit to that applicant upon approval of the state permit application by the department." There is no statute or duly adopted rule which requires that the local government permission is issued within 6 months of the application to FDOT. Therefore, since there is no statute or rule adopted in accordance with Florida Statutes Section 120.54, FDOT does not have the authority to deny the Can Partners Application on the basis that the local government permission was issued more than 6 months prior to the application to FDOT. Therefore, Outlook hereby requests that FDOT approve the Can Partners Applications because (1) Outlook has corrected the'scrivener's error on the folio number; (2) the outdoor advertising sign proposed in the Can Partners Application is more than 1,000 feet from any other outdoor advertising sign on the same side of the highway, in accordance with Florida Statutes Section 479.07(9) as amended by HB 1021; and (3) the fact that the local government permission was issued more than 6 months prior to the FDOT application is not a legal basis for denial of an outdoor advertising application. F. Statement of applicable statutes and rules: Florida Statutes Section 479.07(9) sets forth spacing requirements for outdoor advertising signs on the same side of the highway, and includes a pilot program for selected municipalities, including the City of Miami to reduce the required spacing between outdoor advertising signs to 1,000 feet. Florida Statutes Section 479.08 provides that erroneous information can be corrected within 30 days of the issuance of a denial of an application for an outdoor advertising sign. Florida Statutes Section 120.54 requires specific procedures for rulemaking. There are no 4 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk properly enacted statutes or rules which require the local government permission within 6 months of the application to FDOT for an outdoor advertising sign. G. Statement of Relief requested: Outlook requests approval of Application Numbers 57474 and 57475. Respectfully submitted, By: M,, klP (Z �LLc hot,.r-` y. �z 5 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk NOTICE OF' 'NIED OUTDOOR ADVERTISING ?RMIT APPLICATION Application #: 57474 & 57475 1 Date application received by Department: 05/04/2009 Applicant: OUTLOOK MEDIA OF SOUTH FLORIDA, LLC 2295 S. HIAWASSEE RD., SUITE 203 z `t ORLANDO. FL, 32835 Proposed Sign Location (as described in the Application): SR 9 (1-95),14 feet S of W Flagler St (328-34 Flagler St),y r? s Your application(s) was/were not approved for the following reasons - CM Incorrect Information at number(s): [s.479.08, FS] Parcel IDs do not match. ® Sign does not meet spacing requirements (1500' for interstates, 1000' for FAP). In conflict with permitted slgn(s), tag#(s): CF4121413 . Held by: CLEAR CHANNEL OTDR - S FLORIDA DIV ❑ Within 500 feet of an Interstate interchange, outside incorporated area. ❑ Height above crown of road exceeds statutory limits. ❑ Distance off state right of way is less than 15 feet, per location markings. ❑ Location is not permittable under land use designations of site. ❑ Location does not qualify as unzoned commercial/industrlal area. ❑ Sign/location does not comply with all governmental requirements. [s.479.07(9)(a), 1.,&2.FS] [s. 14-10.006(4)(e), F.A.C] [s.479.07(9)(b), FS] [s.479.11(3), FS] [s.479.111(2), FS] [5.479,01(23), FS] [s.479.07(3)(b), FS] ❑ Landowner authorization does not specify that you have permissions to erect and maintain a [s. 479.07(2), FS] billboard on the site identified in the permit application. ❑ No stake/markings found at location specified in application. [14-10.004(1)(b), F.A.C] IE Other: Local government form must be completed not more than six (6) months prior to receipt. Weare returning your check(s) numbered: 1069 & 1070 in the amount(s) of $ 96.00 YOU ARE NOTIFIED THAT, If you belleve your application has been Improperly denied, you may file a request for an ai. nlnistrat'roe proceeding pursuant to Chapter 120, Florida Statutes, as set forth on the Notice of Administrative Hearing Rights included with this Notice of Denied Application. Date: 05/19/2009 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk By: Supervisor, Outdoor Advertising Field Operations Florida Department of Transportation 605 Suwannee St., Mail Station 22 Tallahassee, FL, 32399-0450 (850) 414-4545 Outlook•Media of South F.lo,,da, LLC ReglonsBank• 2295 S. Hlawawee Rd. Ste 203 ,ems/ p Orlando, FL 32835 J 1 ! 2295`x-0awassee Rd., Ste 400 -407.363-1212 r► 1C DOrlando: -FL 32835 f J 63.4661631 r **** FORTY EIGHT AND 00/100 DOLLARS TO THE ORDER OF 05/01/09 $48.00****** Florida Dept. of Transportation 605 Suwannee St. Mail Station 22 Tallahassee, FL 32399-0450 MEMO: Canpartners s face 0 0 83148911' 00001069110 1:0631046691: Outlook Media of South FBodda, LLC Re®Ions sank 2295 S. Hlawassee Rd. Ste 203 ,, cc G' 2295 S. HlawasseeRd.;.Ste 100 Odando. FL 32835 T� Orlando; °FL 32835 • 407-383-1212 `-� 63-4661631 **** FORTY EIGHT AND 00/100 DOLLARS TO THE 6R-DEROF05/01/•09 $48.00****** Florida Dept. of. Transportation 605 Suwannee St. Mail Station 22 Tallahassee, FL 32399-0450 M6M0: canpartners N face 008 14 2 8911' 11®001070116 1:0631046681: Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION y 5754M-w APPLICATION FOR OUTDOOR ADVERTISING PERMIT wcrrT - Ion 09 °�� ocac JAI APPLICANT INFORMATION: (If you currently hold a State of Florida outdoor advertising license or permits, please enter,add n account number on fie with the Department.) PLEASE TYPE OR FILL OUT IN INK. APPLICATIONS SUBMITTED IN PENCIL LLS RE N F& aiststanoe In completing tide forth, please please call (850) 4144545. THE DEPARTMENT WILL NOT MAKE CHANGES OR CORRECTIOA% FORAR�,• 1. Name of Applicant or Company: Outlook Media of South Florida LLC 2. FDOT Account Number. -50904 (If new account, leave blank. The Department will easlgfi� N 3. Address of record (for billing purposes and legal notices); 2295 S, Hiawassee 03 ' ` M ^--1 city. Orlando state: FL Zip Code: 32835 t -n'7�COD C; 4. Mailing address for permit tag (If different from above): 5. Telephone 0: 4 0 7.3 6 3.1212 Fax#: 4Q2.-'A61-1747 E-Mall: N Ar- [0) SIGN LOCATION INFORMATION. > t. county: Miami--Dade 2. Section: 01 Township: 54 S Range: 41 F yo 3. Within city Inft? 7Wes []No. If "yes,' name of municipality: City Of Miami to 4. Property Tax ID#: 01-4137-035-0020 Do you ❑ own or .)Mlsase alte? if lease, landowner Can artner s Rea 5. X0 Proposed ❑ Existing sign: Location: State Road#: 9 US Route#: I — 9 5 Local NamelNumber, I - 9 5 10 ❑ miles feet ❑N ❑EUS 131W of W. F1agler S14nearest Intersection). Sign willbeAs on the CIN OE ❑SAN side ofthe how", facing 13N ❑E ❑S ❑W 6. Distance of closest part of sign to edge of state right of way: 15 ' feel. 7. Local Address (f applicable): 328-34 7 agler St 6. Method of maridng sign location: ❑ Stakelllag ]®Painted pavement ❑Other (pfesse describe): 9, Visible to roadway(s) other than the one referenced In #5, above? H yes, name and number: NO [CJ SIGN DESCRIPTION: 1. Facing height: 14 1 Facing width: 4 8 ' Total Sq.Ft.: 572 2, Automate Changeable Message? []Yes No 3. Height Above Ground Level: 66, 4. Sign structure helght: 5 0 1 5. Number of poles: 1 6. Material used for: Facing: steel support(s): steel 7. Configuration: 3S. V-shape ❑ Back-to-Back ❑ Single facing 6. Oil sign be lighted? 7aYes ❑ No Ityes, desafbe lighting: Indirect upward facing halophane fixtures 9. Is this an application for RELOCATION as the result of a Departmental highway project? ❑ Yes i9 No If yes. Tag number(s) of perrMt(s) to be relocated: 10. VAI cutting, trimming or removal of vegetation from State right of way be required to create a vlevbng zone for this sign? [] Yes$�ItNo If the answer Is 'Yes,," a Management Plan must be approved by the Department and the parentis for two nonconforming signs cancelled. If the answer Is 'No," In the fulure, you will only be allowed to trim vegetation to maintain the view of the sign as it exists at the time the permit is granted. Tag numbers of permits to be cancelled: 11. Is an existing permit being cancelled as a condition of Issuance of this permit OTHER than for 9., or 10., above? ❑Yes AM No If yes, Tag number(s) of permit(s) to be cancelled: NOTE IFA PERMIT IS BEING CANCELLED FOR ISSUANCE OF ANEW PERMIT, SUBMIT THE CANCELLATION CERTIFICATION WITH THIS PERMIT APPLICATION. FOR 10. or 11., ABOVE, THE DUSTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT IS APPROVED. c 12 Is application being submitted as the result of Notice of Violation? [] Yes AN No 3 o a P1 .NQTARITATION AND_CERTIFICATION c_ c `7 F u 0 0041 00 1 Eby carift Net the 144mmobn given and the statements made In 1Hs appkat en are bus and brat I have medved. In wmv. C u O U parr UsUm ban ffie ar brdw m osier person io WM& t possession d the eta 10 WW ean oitdoor advaAbing sign at the location designated In the Vocation. I understwd diel a, sutxnleti bn orf se, or rm inftmosm; on deb vokseon, or airy oNer V1011111011 or Glapter 470, Fleride SIXILNG, a lar 10 Ctwp4-,FAeae G, mfaarrw.Ied whrbn so days of a noWkx the by the Dopwtmwd, MB resultto radon or iMs pwaa. I Wether undent" drat ere metal pa" We mwt be posted at Ow sign site wehIn 30 dep or barm as and Bre O O f0 o anpiatM ltftx ing Uu�Oetlyp M ad,eeNaing copy, as deeoribed In eftepp9rallan meat be Isms WMh n-3370 days or P%mlt Issuenoe or the penmr p is Volo. — 0 O G r N G tDl u -SWmgwa of Ap t-t r powwn in company. if eppliome e ,• �' _ m day0f. 20_ e7 r .t� r C• C E` I L- a Sworn sed wbcedbed before ma Nis Q � 0 ` .I _i ; ; u N (Mame dAtAeny. SAee Is personela knovvle to me or has traduced as hier�lffieagon. 3 N �. Slated F10ndft swalbseef N My Commission Evil= 1 D 14 I Q0 -, Notary s pNded Na 000 - C' REQUIRED ATTACHMENTS: Application will be returned as Incomplete If the following required attachments are not submitted with the applicatla-{see . Tnstrtsatlons): Landowner aulhorization; location Sketch; local Government Zoning/1-and Use verification; Local Government building permit7or equlvaletlt); photograph of ails showing markings (per [BTI) and surrounding vegetation; Application fee. PLEASE NOTE: tf you do not currently hold an Outdoor Advertising LlcenseC may necessary for to obtain befo perrNt can be Issued. airy)'$ D STATE OF FLORIDA DEPARTMBfr OF TRANSPORTATION APPLICATION FOR OUTDOOR ADVERTISING PERMIT .09 (Al APPLICANT INFORMATION., (if you currently hold a State of Florkla outdoor advertising hoarse or peonita, please enter the number on file vM the Department.) PLEASE TYPE OR FILL OUT IN INK. APPLICATIONS SUBMr TED IN PENCIL WILL completing this form, please call (850) 414-4545. THE DEPARTMENT WILL NOT MAKE CHANGES OR CORRECTIONS TO 1 1. Name ofAppllcaruorComparty:Outlook Media of South Florida LLC 2. FDOT Account Number. 50904 (lf new account, leave blank The Department will assign 4 3. Address of record (for billing purposes and legal notices): 22.95 S, Hiawassee_ R coy. Orlando state: FL zip coda: 32835 4. Malting address for permit tag (if different from above): 5. Telephone* . 407,363,1212 Fax#: 4 0 7 .3 6 3 .17 4 7 E -Mail: Mon." RK*fr OP WAY f, Doc -,mos Ness4a; E6►" FQr 88=08In r�er) rn-n �7 [81 SIGN LOCATION INFORMATION:D o rri 1, County: Miami -Dade 2. Section: 01 Township: 54 S Range: 41 E a C7 3. Within Imps? Z9 city 3Q1res []No. tf'yes,`nameofmuNcipaliltr. City of Miatlti �� 4. Property Tax ilk: 01-4137-035-0020 Do you ❑ own or iMlasse site? If lease, land owner: Can ar erg Lty 5-M Proposed ❑ Exlsting slgn: Location: State Road#: 9 U5 Route#: 1-95 Local Name/Number. Z - 5 10 ❑ miles 1941aet ❑N ❑E= ❑W of W - Flaciler S#nsarestIntersection). Sign will bertis on the ❑N El ❑S)M side of highway, facing (]N ❑E ®S ❑W 6. Distance of closest part of sign to edge of stale right of way: 15 ' feet, 7. Local Address (if applicable): 328-34 F l a gl e r St 8. Method of marking sign location: ❑ Stakelflag )(SPalnted pavement ❑Other (please describe): S. Visible to roadway(s) other than the one referenced In 95, above? If yes, name and number. No [C] SIGN DESCRIPTION: 1. Facing height: 14 t Fadng width: 48 t Total Sq.Ft.: 672 2. Automatic Changeable Message? ❑ Yes 30No 3. Height Above Ground Level: 66, 4. Sign structure height: 5 0 t 6. Number of poles: 1 fi. Material used for. Fadng: steel support(s): steel 7. Configuration: 39 V-shape ❑ Back -to -Back ❑ Single facing 8. Will sign be lighted? IMYes ❑ No If yes, describe llghtlng: Indirect upward f acing halophane f ixtures 9. Is this an application for RELOCATION as the result of a Departmental highway project? ❑ Yes )Z No If yes. Tag number(s) of permtt(s) to be relocated: 10. Will cutft trimming or removal of vegetation from State right of way be required to create a vWMng zone for this sign? ❑ Yes$klo If the answer Is 'Yes,' a Management Plan must be approved by the Department and the permits for two nonconforming signs cancelled. . If the answer Is 'No,* In the future, you will only be allowed to trim vegetation to maintain the view of the sign as it eAsts at the time the permit Is granted, Tag numbers of permits to be cancelled: 11, Is an existing permit being cancelled as a condition of issuance of this permit OTHER than for 9., or 10., above? ❑Yes ME No If yes, Tag ntanber(s) of perrrdt(s) to be cancelled: NOTE IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF ANEW PERMIT, SUBMIT THE CANCELLATION CERTIFICATION WITH THIS PERMIT APPLICATION. FOR 10. or 11., ABOVE, THE DUSTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT IS APPROVED. 12. Is application being submitted as the result of a Notice of Violation? ❑ Yes X3 No [01 NOTARMATION AND CERTIFICATION I. LVEA he" ea0ry that the Inlbnnallon own and the statements made In title aMeation ere tris and Ort I have reeetvad. In wfflft penttiedm Iran Ote WO[r iter orWw pewon lawU possession of 9re sb to erect sn outdoor aMdWng o%n at Oro kca8m dedgnatad In Ole epproadop. I understand that submission of fates a• rtisleadbtg bdamatlon on Oft applies on. arany oOter vi Mw of Chwta479, Fk" bleLa , orChapter l4A4 FAC, unless —, oc ad nAOth so awe of mUfte9 n by U DWWUM K aAO mwA In temcftn of Ods pemt0. I Wt0ferundemland ting time meld pemi t mg must be posted at line den ab within 90 days of Issuance and the oomp6nled posting of edveOstrtg Dopy, es dwclbed In Are appGuaon must be butt vAM 270 deye of permit Issuance or Ore pamiR Is Vofo. P'j5 INAA5 9,-SJF, L, r; Sqns4ae dAp _ PoeObn in company, 0 oppr�b Sworn and sttbeeribed herwa me thio CL der of LA& R A 2D,0_ ay, (Name d Alrt ill). Ww b pectson;* known to me or has produced es IdadlOcatton. I stets of — b- d NoWr Srgn My Commission Expkes16- ►tow" Printed Nona. 1 ns 77 U '� 0 i �3o CLW cL 0 000 E v u C .0 O C F— U c a c C 0 0 0 V U N � 1= J30 E IZ O 0 N N >_ REQUIRED ATTACHAtiEM: Apptiratton Al be returned as Incomplete If the following required attachments are not submitbed with the-itpplic' ifibrf.(pee Instructions): Landowner authorization; Location Sketch; Local Government: ZoningfLand Use verification; Local Government builrting permit (or egtdvatent); photograph of site st %ft nwUntgs (per IBM and surrounding vegetation; Application fee. PLEASE NOTE If you do not currently hold an Outdoor Advertising - - 1 .1cense, It be necessary for you to obtain one bet a permit can be issued. ���g. 5c.., FLORIDA DEPARTMENT OF TRANSPORTATION RIG676470-04 OFMY OF WAY coo -low RE: Application for outdoor advertising sign permit To be completed by applicant: Name of Applicant or Company: Outlook Media of , Smith Florida , Sign is: ❑ existing = proposed County: Mi ami-Tiaria Municipality, if applicable: Ci ty gf Mia i Highway Name & Number. 1-95 Sign locationdescripbon: SE corner of W. Flacrler & SW N. River Drive (325-334 Flagler) Section: 2 ?ort Township: S Y '6 y%% _ Range: U / 4.7 Parcel [Do -OI -4137-036-0020 To be completed by appropriate zoning official: / i" e Designation of parcel on the Future Land Use Map: , Q_ An c, The allowable land uses under this designation are (list ail): ('Qp;alir dt�.T3�LRSQ Current zoning of parcel (from Land Development Regulations): C The allowable land uses under this designation are (IlW all): NOTE: Copies of the applicable pages of the land use documents may be submitted in Ileu of fisting all allowable uses above. Is location within city limits: &Yes ❑ No If yes, name of city: n ! Q mi Please provide the name and telephone number of the person the Department may contact if additional Information is required: Name: Lour -de -5 66 -wk Telephone #: 3 OS W t¢ -1 Y q / 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 authorized to sign this form on behalf of the 4.- o u r d e S S (dz y& ate, , n ca m in I's Printed Name and Tide NOTE Form must be completed not more then slx (6) months prior to receipt of the completed outdoor advertising permit application by the Department. Local Government Permission: Please complete the Items below. You may submit another form of written statement indicating that the sign compiles with all local governmental requirements. For a proposed sign location, a copy of the building permit Issued by the local government may be submitted. The outdoor advertising sign Identified in this application: �Is In compliance with all duly adopted local ordinances and has been or will be Issued the necessary permits. is not in compliance with local ordinances, but is legally existing as a non -conforming sign. ❑Is not in compliance with local ordinances and isMrould be considered to be an illegally maintained structure. I certify that I represent the govemmental entity within whose jurisdiction the sign described herein is located and-thst the determinatio reff in this section is de under my delegated authority. NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit application by the Department. U t C p Y 3 CL a+ CL c E u C/ 00 o C Y s �, c c c c a c o ro -p u C/ 'u >`�aa` ° E M Page 1 of 3 x: 918049.945 y:524977.433 d Map None Aerial 'Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk I,I 328 W FLAGLER ST Address CANPARTNERS RLTY HOLD CO & I Owner ETAL Mailing " 1 SE 3 IAMI FL 33131 AVE,' Address MIAMI NORTH RESUB PB 4-68 BEG I67,34FIW'OF NE COR LOT 13 P8 Legal A-54 S104.04FT W65.38FT Description N104.04FTACROSS LOTS 3-2-1 PB (; 4-68 E TO POB LOT SIZE 65.380 X Page 1 of 3 x: 918049.945 y:524977.433 d Map None Aerial 'Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk I,I C-1 RESTRICTED COMMERCIAL DISTRICT Submitted into the public record in connection with item PZ.6 on 0404 Priscilla A. Thompson City Clerk Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. USES Except as may be otherwise provided herein, within this district all commercial, office, sales, display and service activities shall be conducted within completely enclosed buildings, except In connection with outdoor eating areas, automobile sales lots, plant nurseries or commercial parking lots, or as approved In connection with special permits; otherwise, there shall be no unenclosed storage or display of merchandise, materials, or equipment. No wholesaling or jobbing shall be conducted from within the district. No merchandise shall be stored other than that to be solo at retail on the promises, and no such storage shall be visible from public rights-of-way. No off -premises storage of merchandise shall be permitted within the dlsirict. 1. Financial Institutions. 2. Clinics. studios, Including radio and television broadcasting, medical laboratories, travel agencies, ticket agencies. 3. Private clubs, lodges, fraternities, sorodiles and the like. 4. Residence hotels; lodgingbouses; tourist homes; and guest homes, with quarters rented for periods of one (1) week or more, hotels and other transient facilities. 5. Restaurants, tearooms, cafes, except drive-in. B. Retail establishments for sale of groceries, wearing apparel, photographic and hobby supplies, antiques, toys,; sundries, bookstores, music stores, art galleries, florists; delicatessens, meat markets, bakeries, confectioneries, lee crlsm stores; do stores; gift shops; hardware stores; variety stores; stores for television, radio and other electronic appliances, videotape sales and rentals, jewelry stores (except pawnshops); art stores; package liquor stores (without drive-in facilities), home furnishings and appliances, office fumishings, equipment and supplies, floor covering; leather goods, luggage, sporting goods, bicycles; garden supply establishments; paint and wallpaper stores. Rental of formal attire and hospital equipment. Repair and incidental assembly are permitted as accessory, but not principal uses. Aside from antique art, jewelry and bookstores and stores renting formal attire and hospital equipment, no such (stall establishment shall deal in secondhand merchandise. 7. Public and private primary and secondary schools. 8. Post -secondary public and private educational facilities, business and trade schools, except those with external evidence of activities of an industrial nature. 9. Service establishments, Including photographic sbAloa, interior decorators, letter, photostating or dupilcating services, locksmiths, barber and beauty shops; shoe repair, tailoring; dressmaking, millinery and drapery fabrication, except where products are for off. premises sale; coin-operated laundry and dry cleaning facilities with rated capacity limited to one thousand (1.000) pounds total for laundry, and one hundred (100) pounds total for nonco n -operated dry cleaning, laundry and dry cleaning agencies or establishments. 10. Driving school agencies. 11. Mortuaries or funeral homes with not to exceed two (2) retorts as an accessory use. 12. Printing Incidental to a permitted principal use, blueprinting and the Ike, photographic development laboratories, 13. Theaters (other than drive-in). museums and libraries. 14. Auction galleries for sale of antiques, art objects, jewelry and similar merchandise, but not secondhand merchandise otherwise. 15. Parking lots, parking garages. 16. Dancing andfor live entertainment at restaurants, tearooms, nightclubs and supper dubs, cafes or private clubs. 17. Retail establishments for sales of new automobiles, motorcycles and/or parts, equipment and accessories; for sale of new boats, marine motors, parts, equipment and accessories; for sale of pets end pet supplies, plant nurseries, building supply stores. Aside from plant nurseries, car sales and commercial parking lots, all commercial sales, display end service activities shall be within fully enclosed buildings. Aside from antique shops, art shops, Jewelry and bookstores, and stores renting fomal attire and hospital equipment, no such retail establishment shall deal in secondhand merchandise. i8. Bible study classes, but excluding all religious rites, sacraments and eeremonles typically performed.in a house of worship. 19. Housebarges are prohibited. 20. Reserved. 21. State of Florida licensed franchise motor vehicle dealers; including the sales of new cars. Other uses maintained and operated in direct association with the new car sales operation and which are customarily incidental and subordinate to the sales of new cars by such dealers are also included as follows; subject to the specified conditions and limitations: (1) Used car sales, enclosed and unenclosed, shall be limited to twenty (20%) percent of the dealership's net lot area dedicated to car sales. (2) The unenclosed sale of new or used cars along the frontage of arterial roadways shall only be permitted where an enclosed showroom or other dealership building(s) are located on the some site. (3) Sales of auto parts shall be in enclosed buildings, limited to ten (10%) percent of the dealership's net lot area dedicated to car sales. (4) Minor automotive services and repairs in enclosed buildings, as defined in Section 2502, are Included. Additionally, major automotive services and repairs in enclosed buildings, as defined in Section 2502, are Included, except that no paint and bodywork, straightening of frames or body parts, welding and other work involving undue noise, glare, fumes or smoke shall be Included on any'part of the facility zoned C-1. (5) Storage of, wrecked automobiles not in operating condition and operations of a commercial garage or commercial parking lot as Incidental uses. is prohibited 22. Cigar manufacturing hand process 23. Child daycare centers, subject to the requirements and limitations of Section 936. 24. Adult Daycare facilities, subject the requirements and limitations of Section 835. This is a reference manual only, for official information, please refer to Zoning Ordinance 11000; as amended, the Zoning Ordinance of the City of Miami of visit www.munioo ee.com for on-line access to said document and visit the CVs Zoning Deparkment for any additlonal update not yet referenced In Municode. Page 2 of 9 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson C-1 RESTRICTED COMMERCIAL DISTRICT City Clerk Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. AND IN ADDITION, SAME AS FOR 0 - OFFICE: 1. Offices not selling merchandise on the premises. 2. Medical or dental offices. 3. Medical and dental laboratories, and clinics. 4. Financial Institutions. 5. Postsecondary public or private educational facilities. 6. Federal, state and local government offices. T. Health spa or studio: a. Health studios or spas under twenty-five thousand (25,000) square feet may be located anywhere within a building. D. rlee th studios or span tweet Ve tnOUearltl-�Z9�DOOLa uare test lnsize anCl lamer may Do locarso ort Lon Vie grouna revei. AND IN ADDITION, SAME AS FOR R-4 - MULTIFAMILY HIGH-DENSITY RESIDENTIAL: 1.One-famlly buildings pursuant to section 903.5. Rules concerning single family and duplex uses within R3 and R4 zoning districts. 2. Two-family buildings pursuant to section 903.5. Rules concerning single family and duplex uses within R-3 and R-4 zoning districts. 3. (Multiple -family buildings. 4. Hotels (except In area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue and Biscayne Bay, excluding the intersection of S.E. 25 Road and Brickell Avenue where hotels shall be permitted). 5. Motels (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue and Biscayne Bay). 6. Tourist homes (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue and Biscayne Bay). 7. Guest homes (except in area bounded by S.E. 15 Road; S.E. 25 Road; Brickell Avenue and Biscayne Bay). 8. Occupancy of private pleasure craft as living quarters; and housebarges are prohibited except for those private pleasure craft and housebarges specifically permitted on the Miami River by Section 941. Occupancy of private pleasure craft as living quarters in residential districts and housebarge exception, as listed In Attachment A, Ordinance No. 10932, adopted October 24, 1991. 9. Homes of six (6) or fewer residents which otherwise meet the definition of Community Residential Home (as defined in Article 26) when located at least one thousand (1,000') feet from any Home of six (6) or fewer residents which otherwise meet the definition of Community Residential Home, measured from the nearest point of the site of the existing facility to the nearest point of the site of the proposed faculty. PERMITTED ACCESSORY USES Uses and structures that are customarily Incidental -and subordinate to permitted principal uses and structures. 1. For. waterfront property only, wet dockage or moorage of major private pleasure craft not exceeding two (2) per dwelling unit for AND IN ADDITION, SAME AS FOR 0 - OFFICE: 1. Wet dockage or moorage parallel to the shoreline for one (1) row for private pleasure craft. AND IN ADDITION, SAME AS FOR R3 - MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL: 1. Detached garages and car shelters See Section 908.6. Car Shelters; limitations and requirements. 2. Garden sheds. 3. Private piers, docks and boathouses See Section 924. Piers, docks, wharves, dockage, boathouses, and boat slips. 4. Wet dockage or moorage of two (2) major private pleasure craft In connection with any residential use permitted, plus one (1) for each City (50') feet of water frontage (as measured lot line to lot line In a straight line) exceeding one hundred (100') feet in R-1 districts, or fifty (50') feet In R.2 districts. Occupancy of private pleasure craft as living quarters is prohibited. Housebarges are prohibited. CONDITIONAL PRINCIPAL USES I Conditional principal uses shall be by Special Permit only subject to the applicable criteria In Section 1305. Considerations generally; standards; findings and determinations required and any other applicable criteria specified in this ordinance. Specifically. 1. Commercial marinas, boat rentals and piers. Subjectto the criteria and requlrements of Section 924. Piers, docks, wharves, dockage, boathouses, and boat slips. By Special Exception Permit. * Conditions (temporary living quarters): Provision for ooeupency of commerdal, scientific, official vessels and private pleasure craft as temporary living quarters (maximum stay: seven (7) days) may be specified and Included In the grant of Special Exception Permit, except In the Little River Canal. 2. Community based residential facilities for more than fifty (50) clients. Subject to the requirements and limitations of Section 934, Community based residential facilities. By Special Exception Permit with City Commission approval. 3. Drive-through facilities for financial Institutions. Sublect to reservoir requirements of Section 931.2. Requirements for reservoir spaces, aDDlvinst neneraliv. This Is a reference manual only, for official Information, please refer to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami or visit www.municode.00m for on-line access to said docuoient and visit the City's Zoning - Department for any additional update not yet referenced In Munieode. Page 3 of 9 Submitted into the public record in connection with item PZ.6 on 04-08-10 C1 RESTRICTED COMMERCIAL DISTRICT Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. Priscilla A. Thompson City Clerk * Conditions. (frontage; driveways): Only on property with two (2) street frontages or if on one (1) street, access and egress driveways are located at least one hundred fifty (1501) feet apart. 4. Other drive-through facilities, including eating and drinking establishments. Subject to the requirements of Section 931. Drive-through and drive -In establishments; car washes By Class 11 Special Permit. S. Occupancy of private pleasure craft as living quarters. By Special Exception Permit with City Commission approval. Conditions (Commercial marinas): Except where specifically permitted In connection with commercial marinas under the provisions of Special Exception Permit as indicated above. 6. Automotive service stations, auto care service centers (within completely enclosed buildings) and car washes, as defined in Article 25. Subject to the criteria requirernents and limitations of Section 930. Automotive service stations as principal uses and 939. Drive- through and drive4n establishments; car washes. By Class 11 Special Permit. 7. Bars, saloons, taverrs, and supper clubs. By Special Exception Permit. 9. Privately owned and/or operated recreation buildings and facilities, playgrounds, playfields, parks, beaches, neighborhood centers, auditoriums, and the Ilke; commercial recreation establishments Including, bowling alleys, shuffleboard courts, miniature golf course, driving ranges, archery ranges, trampollne centers, game rooms, banquet halls and dance halls. By Class 11 Speclal Permit. 9. Convalescent homes, and nursing homes. By Special Exception Permit with City Commission approval. * Conditions (distancing, capacity): Subject to the following criterls. Said uses shall be implemented at a minimum distance of one thousand two hundred (1,200') feet from one another if their capacity is less than or equal to fourteen (14) persons and at a minimum distance of two hundred five hundred (2,500') feet from one another if their capacity is greater than fourteen (14) persons. Said distance shall be measured in a radical fashion from the boundary line of the property wherein such a use Is In existence. 10. Private club, lodges fraternities, sororities and the like operated for profit; pool halls and billiard parlors. By Special Exception Permit. 11. Ambulance service or expansions thereof. By Special. Exception Permit. 12. veterinary or animal clinics, as defined in Article 25. By Special Exception Permit * Conditions (boarding / overnight stay): Such facilities shall not Include boarding facitities for healthy animals but may allow overnight boarding for up to five (5) sick animals. 13. Sewing shops. By Class It Special Permit. * Conditions (frontage I pedestrian oriented); Only where the ground floor frontage Is designated with an active, pedestrian oriented space that does not diminish pedestrian activity, Including retail sales of some kind associated to the sewing shops. 14. Private express delivery services. By Special Exception Permit. 15. Sales of used automobiles. By Special Exception Permit. 16. Hiring halls, employment offices, or labor pools. By Special Exception Permit with City Commission approval, This Is a reference manual only, for official Information, please refer to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami or visit www.rnu Icode.2gM for on-line access to said document and visit the City's Zoning Department for any additional update not yet referenced in AM nicode. Page 4 of 9 Submitted into the public 'i record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson C-1 RESTRICTED COMMERCIAL DISTRICT ___ ___ __ _ ___ City Clerk __ Zoning Ordinance 11000, as amended, SecBon 401, Schedule of District Regulations. Subject to the criteria and requirements of Section 944. Discount membership merchandisers. By Special Exception Permit. 18. Coin"rabed laundry and dry cleaning facilities. By Class II Special Permit. * Conditions (capacity): With rated capacity over one thousand (1,000 lbs.) pounds total for laundry, and over one hundred (100 lbs.) pounds total for dry clearing. 19, Rental -purchase stores. By Class 11 Special Permit. * Conditions (location): Their location shall be restricted to primary arterial roadways as defined In the Dade County Comprehensive Plan. 2D. Public storage facilities. Subject to applicable criteria and requirements of Section 946. Public storage facilities. By Special Exception Permit 21. Vehicle rental facilities. Subject to applicable regulations set forth In Section 947, Vehicle rental facilities. By Special Exception Permit 22. Processing, packaging, handling, distribution and wholesale and retail sales of seafood. Subject to criteria, requirements and limitations set forth In Section 604.3.2. Considerations in making Class II Special Permit determinations. By Class II Special Permit. * Conditions (location): Only when such uses are conducted from properties, which immediately abut the Miami River. 23. Sales of fresh flowers from mobile vending carts placed in open space areas. Subject to compliance with Coconut Grove Right -of -Way Vending Cart Guides and Standards. By Class II Special Permit. 24. Fire stations. AND IN ADDITION, SAME AS FOR O — OFFICE: 1. Community based residential facilities subject to the requirements, limitation and criteria specified In Section 934. Community Residential Homes and Community based residential facilities. By Special Exception Permit with City Commission approval. 2. Privately owned and/or operated recreational buildings and faclllties By Special Exception Permit 3. Playgrounds, playfietds, parks. By Class U Special Permit 4. Facilities privately owned and used for garden, service, civic or private clubs or lodges (not for profit) By Special Exception Permit 5. Commercial parking lots. By Special Exception Permit 6. Fire stations, with additional consideration given to adequate buffering when such uses are located adjacent to residential areas. AND IN ADDITION, SAME AS FOR R-4 — MULTI -FAMILY HIGH DENSITY RESIDENTIAL: 1. Community based residential facilities, with more than fourteen (14) residents Including staff subject to the requirements and limitations of Section 934. Community Residential Homes and Community Based Residential Facilities. By Special Exception Permit with City -Commission approval. 2. Additional limitations on usage of bonus floor area ratio; Within the R3 district located along Brickell Avenue, bounded by Southeast 2616 Road and Southeast le Road, all additional increases to floor area that are obtained pursuant to Article 5 - Planned Unit Development and Article 0 - General and Supplementary Regulations of this zoning ordtnanoe shall conform with the following limitations: a. For development bonuses obtained pursuant to Article S. Planned Unit Development, and enhanced level of public benefit and amenities shalt be provided in order to obtain approval of a PUD designation; such public benefit shall be In the form if pubticly.accessfble open space and/or an enhanced design that ensures all required parking Is screened from street view by provision of liner uses; liner uses are usable active space within the building envelope; such uses have a minimum depth of fifteen (15') feet. Liners are required on each floor with. parking behind, up to the maximum garage height UrIeTS may only be Interrupted by required access points to the parking/service areas in the rear.of the building. Liners are also desirable -along all other street frontages. b. For development bonuses obtained pursuant to Article 9 — General and Supplementary Regulations (increased development bonuses for contribution to the Affordable Housing Trust Fund) aft bonus square footage (I.a. any square footage that Is an Increase due to bonuses obtained In exchange for affordable housing trust fund contribution) shall be utilized for Increases In unit sizes as follows; one bedroom units shall be a minimum of nine hundred (900 sq. ft. ) square feet in size; two-bedroom units shall be a minimum of one thousand two hundred (1,200 sq, ft. ) square feet In size, and three• bedroom units shall be a minimum of one thousand five hundred (1,500 sq. ft. ) square feet in size. All other units may be This is a reference manual only, for official information, please refer to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami or visit www.munioDde.com for on-line access to said document and visit the City's Zoning Department for any additional update not yet referenced in Munlcode. Page 5 of 9 Submitted into the public record in connection with item PZ.6 on 04-08-10 ��aa Priscilla A. Thompson C-1 RESTRICTED COMMERCIAL DISTRICT City Clerk Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. In connection with public utilltles, aboveground lifts stations, electrical substations, line -of -sight relay devices for telephonic, radio or television communications and the like shall be permitted by Special Exception; in addition, such uses shall be required to be lined with active uses including uses permitted within the district and other accessory commercial, display gallery and/or service uses to screen the public utility function from public view; in order to accomplish this requirement, such use shall not be required to comply with the maximum footprint or other applicable setback limitations as set forth within the underlying zoning classification. AND IN ADDITION, SAME AS FOR R-3 - MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL: 1. Community based residential facilities, with more than fourteen (14) to a maximum of fifty (50) clients. Subject to the requirements and limitations of Section 934. Community Residential Homes and Community Based Residential Facilities. By Special Exception Permit with City Commission approval. 2. Convalescent homes, and nursing homes, By Special Exception Permit with City Commission approval, * Conditions (distancing): Said uses shall be implemented at a minimum distance of one thousand two hundred (1,200') feet from one another it their capacity Is less then or equal to fourteen (14) persons and at a minimum distance of two thousand five hundred (2,500') feet from one another If their capacity Is greater Char. fourteen (14) persons. Said distance shall be measured In a radial fashion from the boundary One of the property wherein such a use is in existence. 3. Rooming or lodging houses By Special Exception Permit. 4. Health clinics By Special Exception Permit with City Commission approval. * Conditions (location, employees, adaptive re -use, parking): Provided that in that R-3 district along Brickell Avenue bounded by Southeast 26th Road and Southeast 15th Road, said health clinics shall be instituted subject to the following conditions: a. There shall be only one (1) licensed practitioner In the clinic and in addition, medical and clerical staff not to exceed three (3) persons in number. b. They shall be allowed only as adaptive reuses of existing single family residential structures (as of February 27, 1997) within the district and are expressly prohibited within duplex and multifamily residential structures. c. Parking shall be provided on-site at the rate of one (1) parking space per two hundred fifty (250 sq. ft ) square feet of gross floor area. 5. Additional limitations on usage of bonus floor area ratio: Within the R3 district located along 8r)ckell Avenue, bounded by Southeast 261° Road and Southeast 151h Road, all additional Increases In floor area that are obtained pursuant to Article 5 - Planned Unit Development and Article 9 - General and Supplementary Regulations of this zoning ordlnence shall conform with the following limitations: a. For development bonuses obtained pursuant to Article 5. Planned Unit Development, and enhanced level of public benefit and amenities shall be provided in order to obtain approval of a PUD designation; such public benefit shall be In the form If publicly accessible open space and/or an enhanced design that ensures all required parking is screened from street view by provision of liner uses; liner uses are usable active space within the building envelope; such uses have a minimum depth of fifteen (15') feet. Liners are required on each floor with parking behind, up to the maximum garage height. Liners may only be interrupted by required access points to the parking/service areas In the rear of the building. Liners are also desirable along all other street frontages. b, For development bonuses obtained pursuant to Article 9 — General and Supplementary Regulations (increased development bonuses for contribution to the Affordable Housing Trust Fund) all bonus square footage (i.e. any square footage that is an increase due to bonuses obtained in exchange for affordable housing trust fund contribution) shall be utilized for Increases in unit sizes as follows: one bedroom units shall be a minimum of nine hundred (900 sq. It ) square feet In size; two-bedroom units shall be a minimum of one thousand two hundred (1,200 sq. ft. ) square feet in size, and three- bedroom units shall be a minimum of one thousand five hundred (1,500 sq. ft. ) square feet in size. Ali other units may be AND IN ADDITION, SAME AS FOR R-2 - DUPLEX RESIDENTIAL: 1. Community Residential Homes, as defined In Article 25, when located at least one thousand two hundred (1,200') feet from an existing Community Residential Home and five hundred (500') feet from any single-family district measured from the nearest point of ft site of the existing facility to the nearest point of site of the proposed facility, pursuant to Section 934. Community Residential Homes and Community Based Residential Facilities. AND IN ADDITION, SAME AS FOR R-1 SINGLE-FAMILY RESIDENTIAL: 1. Adult daycare centers Subject to the requirements and limitations of Section 935, Adult daycare centers. By Class 11 Special Permit for five (5) or more adults. 2. Child daycare centers Subject to the requirements and limitations of Section 936, Child daycare centers. By Class 11 Special Permit for up to twenty (20) children, By Special Exception Permit for over twenty (20) children, rens is a reverence manual only, Tor orticlal Imormation, piease refer to Zoning Ordinance 11000, --as amended, the Zoning— Ordinance of the City of Miami or visit www,munloode.com for on-line access to said document and visit the City's Zoning Department for any additional update not yet referenced In Municode. Page 6 of 9 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson C-1 RESTRICTED COMMERCIAL DISTRICT _ _ City Clerk Zoning ordinance 11000, as amended, Section 401, Schedule of District Regulations. By Special Exception Permit. Uses and structures which are customarily incidental and subordinate to conditional principal uses and structures only by Special Permit subject to the applicable criteria In Section 1305. Considerations generally; standards; findings and determinations required, and any other applicable criteria specified in this ordinance. 1. Temporary special events involving outdoor gatherings at churches, schools and the like, or in connection with opening ceremonies or special promotions, to the extent not otherwise licensed, regulated and controlled under other regulations of the City. Subject to conditions established In Section 906.9. Temporary special events; special permits. By Class I Special Permit. 2 Wet dockage or moorage of major private pleasure craft In numbers greater than permitted generally. By Special Exception Permit. 3. Drive-through facilities for financial Institutions. By Class II Special Permit. 4. Sale of used automobiles, which may or may not be on the same premises or block as the principal use but dearly accessory to new automobile sales. By Special Exception Permit. * Conditions (frontage, size, enclosure): Subject to a limit of thirty (30%)• percent of the building frontage on a block or ten (10%) percent of the square footage of the dealership. Enclosure may be waived for a five-year period; the grant of Special Exception Permit will expire if the use is not enclosed at the end of the period. No application for a variance will be accepted. 5. Christmas tree sales. By Class 1 Special Permit. * Conditions (vacant and unused, notice): Only on a vacant lot or portion of a lot not reserved for other purposes (i.e., parking) and with notice to adjacent and Immediate (across the street) property owners. 6. Sales of other goods pertaining to a national legal holiday. By Class 1 Special Permlt. 7. Helistops. Subject to requirements and limitations in Section 933. Criteria for Special Exception approval of heltstops. By Special Exception Permit with City Commission approval. 8. Aluminum recycling machine. Subject to the requirements and llmitatlons of Section 940. Aluminum recycling machines. By Class I Special Permit. 9. Offloading and unloading of seafood from boats; storage of seafood fishing equipment; and containerized storage of seafood. By Class Il Special Permit. * Conditions (accessory to conditional prjncipal use no. 23; processing, packaging, handling, distribution, etc.): Only In conjunction with the conditional principal use specified in no. 23, above (Processing, packaging; handling, distribution and wholesale and retail sales of seafood) and subject to the some Class li Special Permit, including the considerations outlined in Section 604.3.2. Considerations In making Class 9 Special Permit determinations. 10. Outdoor advertising businesses. By Class II Special Permit. * Conditions (accessory to principal commercial uses, signs): Permissible as an accessory use to principal commercial uses only and further limited as follows: a. Signs shall be wall mounted only on side walls of the existing principal commercial stricture; b. Signs shall be limited to one sign per structure only and shall not be freestanding; c. Sign area shall be limited to no greater than thirty-two (32) square feet; d. Permissible sign area may only be utilized on a commercial structure which has the allowable thirty-two (32) square feet of sign area unused from the total permissible wall sign ares for the stnicture In question; see Article 10. Sign regulations for specific sign regulations and method of calculations; and e. Such signs may either be painted or mounted onto the subject wall. 11. Storm radar system devices as accessory uses to marinas, golf courses, police and fire station uses only, subject to the criteria specified In Section 949. Personal wireless service facilities (PWSF) and storm radar systems (SRS). 12. Personal wireless service facilities subject to the criteria specified in Section 949. Personal wireless service facilities 1. Drive-through banking facilities By Class 11 Special Permit. 2. Helistops Subject to the requirements and limitations in Section 933. Criteria for Special Exception approval of hellstops. By Special Exception Permit with City Commission approval. This Is a reference manual only, for official information, please refer to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami or visit www.mun'oDde.com for on-line access to said document and visit the City's Zoning Department for any additional update not yet referenced in Municode. Page 7 of 9 Submitted into the public • record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson C-1 RESTRICTED COMMERCIAL DISTRICT City Clerk Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. By Class 11 Special Permit. AND W ADDITION, SAME AS R-4 MULTIFAMILY HIGH-DENSITY RESIDENTIAL: 1. Private clubs and lodges, not for profit. By Special Exception Permit * Conditions (floor area, number of courses, time): Where permitted, the floor area of any such private club or lodge shall be limited by convenience establishment requirements, listed in Section 906.7. Convenience establishmerds as accessory to residential or office uses. AND IN ADDITION, SAME AS R-3 MULTIFAMILY MEDIUM -DENSITY RESIDENTIAL: 1. Home occupations By Class II Special Permit Subject to the requirements and limitations of Section 906.5, Home occupations. 2- Permanent active recreation facilities located In side yards or front yards accessory to uses In residential districts. By Class 11 Special Permit 3, Temporary special events involving outdoor gatherings at churches, schools and the like, to the extent not otherwise licensed, regulated and controlled under other regulations of the City. Subject to the requirements and limitations of 906.9. Temporary special events; special permits. By Class I Special Permit 4. Post -secondary educational facilities By Class 11 Special Permit. * Conditions (floor area, number of courses, time): Provided that the floor area is not greater than one thousand five hundred (1,500') square feet, the total number of courses at a single location does not exceed two (2) per year, and each course is held for only up to the length of time of a scholastic semester. 5. One (1),onslta dock or mooring space per unit for major private pleasure craft for use of residents thereof only but not as a dwelling unit. By Class 11 Special Permit, 6. Accessory convenience establishments, Subject to the requirements and limitations of Section 906.7. Convenience establishments as accessory to residential or office uses. By Class I Special Permit or Class li Special Permit depending on type of establishment. 7. Personal wireless service facilities subject to the criteria specified in Section 949. Personal wireless service facilities (PWSF) and storm radar systems (SRS)__IN ADDITION, AS FOR R-2 - DUPLEX RESIDENTIAL & R-1 - SINGLE FAMILY RESIDENTIAL; 1. home occupations Sea Section 906.5, Home occupations. By Class 11 Special Permit 2. Garage or yard sales See Section 906.10, Garage saleslyard sales; special pennits. S. Permanent active recreation facilities located In side yards or front yards accessory to uses in residential districts. By Class 11 Special Permit 4. Temporary special events Involving outdoor gatherings at churches, schools and the like, to the extent not otherwise licensed, regulated and controlled under other regulations of the City. See 906.9. Temporary special events; special permits; criteria. By Class I Special Permit. 5. Personal wireless service facilities subject to the criteria specified in Section 949. Personal wireless service facilities (PWSF) and storm radar MLstems (SRS). OFFSTREET PARKING REQUIREMENTS 1. Dwelling: One -family and twodamlly : Minimum two (2) spaces per unit Multifamily: One (1) space for each efflelency or one bedroom unit. Two (2) spaces for each two-bedroom unit or three-bedroom unit; or for each one -bedroom unit where the unit has an additional habitable room or space (where the floor area of the additional habitable room or space is greater than, or equal to one-third of the floor area of the primary bedroom; whether It be called a den, study, recreation room, exercise room, or the' like) which by is design accommodates or may otherwise function as a secondary bedroom. Three (3) spaces for each unit with four (4) or more bedrooms, In addition, one (1,) space for every ten (10) units designated for visitors, 2. Convalescent homes, Nursing homes, Institutions for the aged, Infirm One (1) space for each five (5) beds,, plus one (1) space for each doctor In regular attendance, plus one (1) space for each three (3) employees or volunteers on peak shifts. 3. Nonresidential uses. One (1) space per one hundred fifty (150 so. ft ) aquare feet (11150) of gross floor area for barber and beauty shops. This is a reference manual only, for official information, please refer to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of.Miaml or visit www.municode.00m for on-line access to said document and visit the City's Zoning Department for any additional update not yet referenced In Municods. Page 6 of 9 C-1 RESTRICTED COMMERCIAL DISTRICT Zoning Ordinance 11000, as amended, Section 401, Schedule of District Regulations. One (1) space per each five (5) fixed seats, and per each fifty (50 sq. ft. ) square feet of gross floor area for movable seats, for Bible study classes, meeting halls and places of general assembly, excluding classrooms and other areas not for general assembly. One (1) space per every one hundred (100 sq. ft.) square feet (11100) of gross floor area, for restaurants and banquet halls, bars, saloons, private clubs and lodges. One (1) space par every one hundred (100 sq. ft. ) square feet (11100) of gross floor area, for game rooms, pool and billiard halls and other shMar establishments. One (1) space per every two hundred and fifty (250 sq. ft.) square feet (11250) of gross floor area, for discount membership merchandisers. Except as required above, one (1) space per three hundred (300 sq. ft.) square feet (11300) of gross floor area for other nonresidential uses. 4. Commemlal marinas Parking needs for automobiles and boat trailers shall be rrve (5) spaces plus one (1) space for each two (2) boats, sixteen (16') feet or more In length, to be accommodated. S. Dry dockage or boat racks Five (5) spaces plus one (1) for each three (3) boats. 6. Lodging Two (2) parking spaces for every three (3) lodging units. _OFFSTREET LOADING REQUIREMENTS For buildings In excess of twenty-five thousand (25,000) square feet and up to five hundred thousand (500,000) square feet of gross building area: Berth minimum dimension to be twelve (12) by thirty-five (35) feet 1. First berth for gross building area up to fifty thousand (50,000) groes square feet 2. Second berth for gross building area of fifty thousand (50,000) up to one hundred thousand (100,000) gross square feet; 3. Third berth for gross building area of one hundred thousand (100,OOD) up to two hundred fifty thousand (250,000) gross square feet 4. Fourth berth for gross building area of two hundred fdty thousand (25D,000) up to five hundred thousand (500,000) gross square feet For buildings with square footage In excess of five hundred thousand (500,000) square feet 1. Berth minimum dimension to be twelve (12') by fifty-five (551) feet 2. In addition to the requirements set forth above, there shall be one (1) berth for every rive hundred thousand (500,000) gross square feet of b0ding area. One (1) larger (six hundred sixty (660) square feet) loading space may be replaced by two (2) of the smaller (four hundred twenty (420) square feet) loading spaces as dictated by needs of the Individual project. For additional information refer to Section 922. Offstreet loading requirements, general provisions. and Section 923. Offstreet loading, detailed requirements. SIGN REGULATIONS Refer to Article 10. i Submitted into the public \ record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk This is a reference manual only, for official Information, please refer to Zoning Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami or visit wwwmunicode.00m for on-line access to said document and visit the City's Zoning Department for any additional update not yet referenced in Munleode. Page 9 of 9 / � •� l t 09✓ :. U�1,23 AFFIDAVIT ,,s r TO WHOM IT MAY CONCERN: Please be advised that I hereby gives permission to Outlook Media of South Florida, LLC to apply for, modify, or terminate all governmental approvals necessary to erect and maintain an outdoor advertising sign (billboard) and to erect such billboard sign on the property located at 328-34 Flagier Street, Miami, Miaml-Dade County, Florida; Parcel Number 014137-036-0020 (the "Property"), This authorization grants Outlook Media of South Florida the right to erect, maintain and remove one (1) billboard on the above referenced property. This authority shall apply to the any approvals by the City of Miami, Miami -Dade County and the Florida Department of Transportation: CANPARTNE S REALTY HOLDING COMPANY IV MIAMI RIVER LLC By: Michael Dow hes STATE OF _ COUNTY OF BFORE ME, the undersigned authority, personally appeared Michael Downes, who, being duly sworn, acknowledged that helshe signed the foregoing Affidavit freely and voluntarily, with authority, and for the purposes therein expressed. WITNESSED my signature and official seal on this _day of , 2008. NOTARY PUBLIC State of My Commission Expires: Seal: ( ) Personally know tome () Showed identification _ Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT � "i-_'? n �a',N ,. _y N �] n .N �l of:.N��1 .NS. Ni,�a .�»_N r �,; • �__�s� . �. n ....nt_ na.� .n. n •, . �'. _..... State of California County of Los ale* On rUU tot 74�0$ before me, htrii Prtivr&e"I rtota�nr7 �j papa ere Maerl d ribe of the outcer personally appeared i c i tr tel 1 vrP t _ Nampa I e ALIA A1JUNIFbD COMMISSlpn # 1702887 Public- Notary Pub • Catltofnlo ; LOS Angales CoUnty MYOMI 606sNwb,2010 + who proved to me on the basis of satisfactory evidence.to be the person(s) whose name(s) istare subscribed to the within instrument and acknowledged to me that healshe hey executed the same in his./her/their authorized capacity(ies), and that by firslherRheir signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. 1 certify under PENALTY OF PERJURY under the laws of the State of California chat the foregoing paragraph is true and correct. WITNESS my hand and official seal. Plwee Noleryt eel Above Signature Sli;Wure d ry PudMle OPTIONAL Though the Information below is not required by law, it may prove vaivable to persons relying on the document and could prevent haudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document Date: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: * Individual ❑ Corporate Officer—Title(s): it Partner -- 0 Limited 1.7 General Attorney in Fact U Trustee Top of thumb here 0 Guardian or Conservator U Other: Signer Is Representing: Number of Pages: Signer's Name:_ U Individual CJ Corporate Officer —Tltle(s): U Partner — ❑ Limited M General CI Attorney In Fact U Trustee ❑ Guardian or Conservator U Other: Signer Is Representing : - U L .3 o a M c U , L 0 00 EL U v p H U C c Q – o O ra 'O u C W. 'u -o al E a ;°� 02001 NaftW Notary Anodadw- MO Do Solo Mrs. P(X Boer 9dW •Cha2V;oM, CA 9t9 202• ~.Nft1WW gtaryorp Ilam I&W Reordar.CON Tdl*M 1•etl04M6sV 10 11 - _ W. FLArL-ER STREET 1 \ \ 1 1. North O lw 20' Scale 1"x•1 W Dole: May 21.2W8 ------ -------------------- W. _— ------- ---5 W. FLAGLER STREET SW ist STREET u C owner Name C 328 -34 FLAGt.>:A ST 41 GWPARTNA49 REALTY Y ��� board site plan Notes a a, CL Ir Ihyslcal Face of BlUboaM 46 feet u cu M o :, 0oE o O Y X-403 oVADME snee►nunroer. O Gut Af~ PL 33sSt U a u0 O ro ar41 �o � �a al •� a o E a` u 7 GJ to ++ Address owner Name 328 -34 FLAGt.>:A ST GWPARTNA49 REALTY ��� board site plan Notes ACOLOYAW CO WPAAW Ihyslcal Face of BlUboaM 46 feet CIO AKOMMAN & 5MV7Z RfITT _ Pole Mametar 40' X-403 oVADME snee►nunroer. Af~ PL 33sSt a Property Information Map C%bJ Dlftph*Wsphy -2D07 0 ®.e,a.. 65 ft This map was created an 5120PZ008 8:36:40 AM for reference purposes only. Web Via 02002 Miami -Dade County, All fights reserved. -Ctg58�: No.: Summary Details: ro AKERMAN & SENTERFM 6E 3 AVE MIAMI FL Property Information: Zone, RESTRICT® 2006 16100 COMMERCIAL L D 81 VACANT LAND edslBaBrs: Dors: Value: IUnis S34Q000 Bq Footage: ,000 Size: ,800 SQ FT ear Built $0 axeWeValue AMI NORTH RESUB PB 4 $340,000 8 BEG 67.34FTW OF NE R LOT 13 PB A-54 al Description; 104MFT W65.38FT 104.OWr ACROSS LOTS 3- -1 PB 488 E TO POB LOT RE 65.980 X 104 Sale Information: We OR 94 477 e Date: p2r= W a Amount F3,847,100 Assessment Information: ear 2007 2006 rd Value $340.000 $940,000 utldua Velu6 $D Value: E340,000 S34Q000 Velm, ,000 $W,000 Dial Exemptions; $0 $0 axeWeValue $340,000 $340,000 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk tttp:llgWIns2•miamWade.9Dvlmyhmelprintimp.asp7...scale=65®foho=014137036002OWrthopho D-YESU mdc [5/20/2008 8:38:08 AM3 Arau�J va J.VV 11 A "i5&vA yr •.aaryau. a v� a• �r.vvr A: 328 W Flagler St, Miami, FL 33130 4 ��:. .... •_ .. _..:_ ::: �. '' _•••• 111 INV 0" '�w WW 4th SC g \ Pkv 2nd S� +Pant: ... W.pd St istSt'_ 'ti 7. .9x Ud St Swath SS. $w 61h 9A raw• u � i' it• j 3 C- C O fl Yjlv_4tlt St � � _ I �^ I 14e.4SB� 3rd;: F L Ou aCr LL zst s_w ` LA U C' C �� StV 4.4 SL. J�— $t sp-- OU C rel DirecGvns and maps are Informational only. We make no warranties on the aocuracy of their content, road conditions or route usabRy or e*edittousnese. You assume a0 rlsk bf use. MapQuest and its suppliers shall not be liable to you for any loss or delay resulliog from your use of MapQuest. Your use of MapQuest means you agree to our TI O.Mv9iUi{e http:/lwww.mapquesLwni maps/328+W.+Flagler+Mami+FL/ u L � C Y j 3 C- C O fl U w00 L +o -1 O F L Ou aCr O H U C' C C Q OU C E - 'u E a a C E -0 7 u 1< a All � rte r C J . i Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Outlook Media, Inc. 2295 8 Hiawassee Road, Buite 203 Orlando, FL 32835 407-363-1212 Fax: 407-363-1747 AAs. Lynn Holschuh Date: Florida Department of Transportation Outdoor Advertising 606 Suwannee Street Allah Stop 22 Tallahassee, FL 32399-0450 VIM Zone Plan RE: 'a�S "3�► VLA4.LY.2 I;r ./ /M JAW I Doati Terminus R Highway X - cl-C Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Thursday, June 4, 2009 4:50 PM Subject: Correction of Scrivener's error in Application Numbers 57474 & 57475 Date: Thursday, June 4, 2009 4:45 PM From: Harkley Thornton <HarkleyT@fdn.com> To: <lynn.holschuh@dot.state.fl.us> Cc: Santiago Echemendia <sde@tewlaw.com>, Amanda Quirke <aq@tewlaw.com>, Lee Beekman <labeekman@msn.com>, SherryPrag <sherryp@fdn.com> Lynn: Please accept this email with attachments as our correction of scrivener's error in Outlook Media of South Florida, LLC's application numbers 57474 and 57475. 1 was in error and wrote the incorrect Property Tax ID# on the first page of both applications. The correct Property Tax IN should have been 01-4137-036-0020. Enclosed is the application with the correct Property Tax IN noted with my initials. Please let me know if this is not sufficient to correct the error as allowed under Chapter 479, Florida Statutes. Thank you for your attention to this matter. Sincerely, Lee A. Beekman Submitted into the public j record in connection with Page i of 1 item PZ.6 on 04-08-10 Priscilla A. Thompson i City Clerk STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION ' �> 5764"0." APPLICATION FOR OUTDOOR ADVERTISING PERMIT 0 °u'l°F,> JA) APPLICANT INFORMATION: Of you currently hots a State of Florida outdoor advvifting license or permits, please enter the name, d a�rxo__t t �t1 number on file with Ute Department) PLEASE TYPE OR FILL OUT IN INK. APPLICATIONS SUBMITTED IN PENCIL WILL BE RET For bdsls38noe contaieling this form, please call (850) 414-4545. THE DEPARTMENT WILL NOT WAKE CHANGES OR CORRECTIONS TO THIS r� • /�I :r! P t. Sam& of Applicant" Company: Outlook Media of South Florida LLC 1 t7 2. FDOT Aoaourd Number. 5 0 9 4 (lf new account, leave blank. The Department w assign an t 3. Address of record (for billing purposes and legal notices), 2295 S . Hi awas See i3 city: Orlando state: FL Lp code: 32635 4. Mailing address for permit tag (if different from above): 5. Telephone $: 407.363 _ 1212 Faxes: 407 _ 363 , 747 E -Mail: v , Ea) SIGN LOCATION INFOIRMATION: b f — L{ (•3 O36 t.county: Miami -Dade 2. Section: Township: 54 S Range: 41 E ao 3. VW1ttlnkityUmksl :)Oyes. ON, if name oftllunicipaGty City of Miami o "� 4. Property Tax lDS O: i :3 3%r (1'3 r1 , I12) D you p own or Tease site? If lease. land owner: CanPar'tnerS RBay 5. 0 Proposed ❑ 6cistirg sigh: Location State Road#: 9 US Routes: I 95 Local NameMumber 1-95 10 ❑ wiles 14X4eet ON OE MS ❑W of W . Flagler StZnearest intersection). Sign will beAs on the ON OE ❑S725N side ctlhe highway, facing ®I'I OE [IS OW 6. Distance of closest part of sign to edge of state right of way: 15 7. Local Address (9 applicable): 328-34 Flagl er St 8. Method of mandllg sign location: ❑ St ikelflag :®Palated pavement ❑Other (please describe): 8. Visible to roadwey(s) other than the one referenced in #5, above? Wyss. name and number: No ECJ SIGN DESCRIPTION, 1. Facing height: 14 1 Facing width- 4 B ' Total Sq.Ft.: 6 72 2. Automatic Changeable Message? ❑ Yes ANO 3. Height Above Gmund Level: 66, 4. Sign structure height: 50' 5. Number of poles: 1 6. 'Mdtedal used for: Facing: steel Support(s): steel 7. Configuration: -)9 V-shape ❑ Back -to -Back 0 Single facing 6. 1AAl sign be lighted? 3MYes 0 No if yes, describe lighting'. Indirect upward facing halophane fixtures B. Is this an application for RELOCATION as the result of a Departmental highway pro)ect? ❑ Yes is No if yes. Tag nunvaer(s) of pemtit(s) to be relocated: 10. Will cutting, trimming or removal of vegetation from State right of way be required to create a viewing zone for this sign? ❑YesX3No If the answer is Yes," a Management Plan must be approved by the Department and the permits for two nonconforming signs cancelled. If the answer is No. to ft future, you will only be etlowed to tim vegetation to maintain the vleW of the sign as It exists at the time the permit is granted. Tag numbers of permits to be canoetied: 11. Is an existing permit being cancelled as a condition of issuance of this permit OTHER than for 6., or 10.; above? J_]Yes XM No If yes, Tag nurnbar(s) of pertnit(s) to be cancelled: NOTE IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OFA NEW PERtArt, SUBMIT THE CANCELLATION CERTIFICATION WITH THIS PERMIT APPLICATION. FOR 10. or 11., ABOVE, THE EXISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERNT IS APPROVED. 12. is application being submitted as the result of a Notice of Violation? ❑ Yes >0 No 101 NOTARIZATION AND CEIMFICATION :t Ct'lr td$0EQrtAN ' hMV ow" Ihst the btronn&Wn yiwn Xq fhe atet4moma made in thle appimum ala Irm and that I hale hsWKVd, In W t V. z_. aaastrom the lerid*w erdr cater pemw M 1w M po alan of Um e!e 10eras Wt out=r edw *ft sign atft bCM11M 405ked In the eaPr®Lorl. I urWmstend Ihet aubnd%*A etfllpe v mpleadlag bdomasaon on aye appO mnw, or ehy curer Vld aw at Chapter 478, Flora SWUM Or Cnaptar 14.1D, F.A.C., room caasa d VIAW 30 days d ol� ntioa by the OaDaronmd. va reeult N rovod>spoh of gds PamY. 1 tunhw undemWO dsel cite maid pwa* kdg must be pasted at Dro sip% sits ~ 90 days or Ieausnae and a,e O-Vk Ml IhM4, V sD g or sdvmtlsbrg copy. as dasodbed in true applicallm muss bis bull —vn ?0 days of pwnik Isiumtde w Ste pmmh k VOIO. SWMIL"IOrMAC" PusiDohlncdmpmy.if600 Ablep Swan aM u0saufed baby a rna inch " day of R .. Z0 _ By (Mems, d AftQ. ante h pereaxitg tamrsn to ma or nas producedJDas 10OWC30ML _ r r 31e1ed (t y/ / Ssprtama tXNtNay 1 / � Idy Commsslun E�Ires; ! �,�„ I { � l � � : � i Notarye tmlbo WAMIKED ATTACHAIEWM: Application will be returned as Incomplete If the foltowAnrg required allaWments are not submitted with the app I`Gail )ci•(sed . nstnrctlons} Landowwr authorization; Location Sketch; Local Government Zonirgh-and Use verification: Local Gov rnmant building pwrn t?or equlvalen% 1fuoOogfaph of sirs showing rft tangs OeT [t3jT) 2M Suffounit" vegetation; Application fee. PLEASE NOTE: If you do not currently hold an Outdoor Adverftng nxnse, ft may In neowmay for you too in one before pa�rllit can be issued. a ° �0 7 o r STATE OF FLORtf]G DEPARTMENT OF TRANSPORTATION C9 � f" �� APPLICATION FOR OUTDOOR ADVERTISING PERMIT ✓J `w. � � RIGHT OFV"Y �y% 6' OGC-iOt)6 �t 1. [A2 APPLICANT tNFORpAATItJN: {If youC(.lrrentty hold a State of Florida outdoor adverdGIng Iloense or permits, pi "the natniQdress and account number on file with the Department.) PLEASE TYPE OR FILL. OUT IN INK. APPLiCATiONS SUBMITTED IN PENCIL }�k'ft 7Rt3E@?.For assistance in comptating this form, please call (850) 414-4545. THE DEPARTMENT WILL NOT MAKE CHANGES OR cORREC rid 4t1j8 `CORM. t. Name of Applicant or Coma Outlook Media of South Florida LLC ,,,. J• FDOTAccount Number. _50904 (if new account, leave blank The Department will assign atyAcCojiM l�tyterj 3. Address ofrecord (for baling purposes and legal notiCea): 295 S. Hiawassee Rd. Suite 203 � � I cny Orlando State: FL_ ZtpCode: 32835 4. Mailing address for permit to g (if different from above): 71 S. Telephone t: 4 0 7 3-6 1212 Fax#: A 0 7.+ 6 31 - 4 7 E -Male N/A t y; M SIGN LOCATION INFORMATION:Cn ! " 4 13 7_. C'` "S(C — G (j Z p � co � � fC t. County: Miami -Dade 2. Seebo L. 01 Township: 54 S Range;Eletv 3. VVIND city limits? YesC3Na�.+("yes "nameofmunicipaiity: City of Miami4. Property Tax ID# 0 Do you Elown or Tease site? If lease, land owner Celripar e 5. Proposed ❑ Existing sign: Locatton: State Road#: 9 US Route#: 1- 9 5 Local Name/Number: 10 p m7 teet W F I 1 es pN puts LJ%v or aq er S 40" rest interset tiOM, Sign wili belts on the []N ❑E pS,19�Vv side of high%May, facing ON [}E ®S QW 6. Distance of closest part of sign to edge of state right of way: 15' feet. 7. Local Address (if applicable): 328-.34 _F l as er P1 _ 8. Method of marking sign location: © Stakefflag XNPainted pavement (]Other (please describe): 8. Vlsibta to roadway(s) ogler than the one referenced in 45, above? If yes, name and number. NO LGZ siGN AESCRiPMOW t . Facing hevT,, 14 ' Facing width: 48' Tota! Sq.Ft.: 672 2. Automatic Changeable Message? [J Yes >2� No 1. Height Above Ground Level: 6 6 ` 4. Sign structure height: 5 0 ` S. Number of poles: 1 1. Mabanalused for: Fadng: steel Support(s): steel ConfrgurAw.. )0 V-shape C1 Back -to -Sack G Singlefacing WIN sign be. lighted? 3MYes p No ff yes, desalbe lighting: Indirect upward facing halopharne fixtures Is oris an application for RELOCATION as the result of a Departmental highway project? ❑ Yes )M No yes, Tag number(s) of permit(s) to be relocated: 1. Nfllt cutting trimming OT removal of vegetation from State right of way be required to create a viewing zone for this sign? ❑ Yes:83NO the answer is 'Yes,' a Management Plan must be approved( by the Department and the permits for two nonconforming signs cancelled. the answer is'No " in the future, you YAD only be slowed to trim vegetation to maintain the view of the sign as it exists at the time the permit is granted. Ig numbers of panniS to be cancellad: Is an existing permit being Cancelled as a condition of issuance of this permit OTHER than for 9.. or 10., above? QYes }dX No ,es, Tag ntmbwr s) of perrrdt(s) to be cancelled: NOTE: IF A PERMIT IS BEING CANCELLED FOR ISSUANCE OF A NEW PERMIT, SUBMIT TiiE CANCELLATION CERTIFICATION WITH THIS PERMIT APPLICATION. FOR 10. or 11„ ABOVE, THE FDCISTING PERMIT WILL NOT BE CANCELLED UNLESS THE NEW PERMIT iS APPRL}VED. Is application being submitted as the result of a Notice of Violation? ❑ Yes XX No NOTARIZATION AND CERTIFICATION a w L� A C�Yw.A 1, harpy rertlry Stat ttre lntom+gam ¢van and Ina smtomema manta to f!L`6 aoplir�cn oro zoo ark that t nave t'BOeNad hr wsNrtp, i that 3 O EL `o E u � 4) Darralt kontim eta lgntldnw orollrer parson m iav" possession of rho rft to erect an outdoor advemore don at arc Ior�aAoa deawtaw Ina* opplraam undaratand mwwgo AonneUmt on ibk apWr.Aon, or any oftnr vloluQon of Chapter 478, FlorMa bleoaea, or Chem t MC, PAC., wdeas wffeew vrrNth 30 Om s o: C pixit on d tgw rF p k C � � t �, ,C +' I owumeon by ftoapweswt VA rasrdt In revoadlon of thu% pe nt I fuller w urmand that the notal Refit fee must be posted at ft sign 3" wlattt 30 days of issuance ark me ooatplaaed f7 rgpa potting of oJm- tsho dopy, as detalbed in this npllwba mutt be t ult WNyNA 270 deye or parmn tZimof or dna 4aR ift is VOID). d! lT I•- U O C O rr O C Forldn in company. ilapjpYca^blsn ---' - � O rIr -0 u Ou Sworn grid wbo Med baton me ft �� day of 20 N 10 CLI � (Harm of nmaip sats Is owsonndy Mown to mo or has produ:o as Iderratdarbrt. � O E d >ay Cotrchi�fon Espirss �! � 7� - r.. _.' 4w Sgnabso d Naa7. • tmraro PfmaCd Nwr>P )! n5 - utstED ATTACHME14TS: Applicalton Will be returned as lrrcompiete it the toilaMrtg required ane adnents are not submitted aid► the appilriation ($ee loom): LBndomw authorUa6on; vocation Sketch; Local Government ZoningfLand Use vertfiCcalinn: Local Government building permit (Pr eat,iv3ifanq; Srdph art site shay tg rnaridnas (Per tBM and surrounding vege akoly, Apgtir.ALIWC 22 nt k rastcewlty taxa an rautfiooc Rpvrjctiexn0 ' �•� tiv � � �' ... 1 _ s r, 1 a T T Q :.7 D z 0 z 1 0 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk CL3 C 0 u n C L i STATE OF FLORIDA DIVISION OF ADMINISTRATIVE HEARINGS OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, Petitioner, VS. DEPARTMENT OF TRANSPORTATION, Respondent, and CBS OUTDOOR, INC., Intervenor. Case No. 09-3444 ORDER GRANTING CONTINUANCE AND RE -SCHEDULING HEARING BY VIDEO TELECONFERENCE This cause having come before the undersigned on Outlook Media of South Florida LLC's Motion to Continue February 18th, 2010, Hearing, filed January 25, 2010, and the undersigned having reviewed the record in this cause and considered the arguments made by the parties during a telephone conference call held February 3, 2010, it is', therefore, ORDERED that: 1. The motion is hereby granted, and the final hearing in this cause scheduled for February 18, 2010, is hereby canceled. 2. This cause is hereby re -scheduled for final hearing on April 15, 2010 at 9:00 a.m., or as soon thereafter as can be heard by video teleconference at sites in Lauderdale Lakes and Tallahassee, Florida. The Lauderdale Lakes site will be at the Office of the Judges of Compensation Claims, Video Hearing Room, 4500 North State Road 7, Building I, Suite 200. The Tallahassee ' site will be at the Division of Administrative Hearings, Hearing Room 1, the DeSoto Building, 1230 Apalachee Parkway. Witnesses, parties, representatives, and/or attorneys may report to either Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 0 site. The Administrative Law Judge will be at the Tallahassee site. Continuances will be granted only by order of the Administrative Law Judge for good cause shown. 1 3. Except as modified herein, all other provisions of the first Notice of Hearing and of the Order of Pre -hearing Instructions shall remain in full force and effect. 1 4. All subpoenas previously issued and served shall remain in full force and effect for the re -scheduled hearing date as to 1 any witness who is provided with a copy of this Order. 5. There will be a prehearing telephone conference call held on March 4, 2010, commencing at 9:30 a.m. To participate, 1 each party must call (850) 488-9675, extension 245. The agency shall be responsible for making the necessary arrangements for a court reporter. The court reporter will be at the Lauderdale Lakes site. DONE AND ORDERED this 4th day of February, 2010, in Tallahassee, Leon County, Florida. 1 1-Y\ - _t 1 STUART M. LERNER Administrative Law Judge Division of Administrative Hearings 1 The DeSoto Building 1230 Apalachee Parkway Tallahassee, Florida 32399-3060 (850) 488-9675 1 Fax Filing (850) 921-6847 www.doah.state.fl.us 1 Filed with the Clerk of the Division of Administrative Hearings 1 this 4th day of February, 2010. Submitted into the public 2 record in connection with ' item PZ.6 on 04-08-10 Priscilla A. "Thompson ,_ City Clerk jaal:) Al!:) uosdwoyl 't/ elll:)s! id 01-80-170 uo 97d uaa;! y;!m uo!l:)auuo:) u! pao:)aa :)!lgnd ay; olu! pajj!uagng E •aoTAaGS APTag PpTaOTa (aoTOA) OLL8-SS6-008-T -70 ' (QQLL) TLL8-SS6 -008-T PTA 'anoge szagwnu auoijdajaq zo ssaappp auq qP pagopquoo aq Apw AaPgaaoas s , a6pnp auy • buTaPGq aqq oq aoiad Sapp uaAaS uPgq aGgPT ou AaPgaaoas s , a6pnp auq gDPquoo pTnogs buTpaaooad STuq UT agpdToTgjpd Oq uOTgPpoww000P TPToads P buTpaau suosaad 'qoV SalgTTTgPsTQ ggTM SUPOTaGWV auq ugTM aouPp. ODOP UI SE8ZE PpTaoTa 'OpupTao EOZ agTnS 'pPOg aassPMPTH ugnOS S6ZZ OZZ 'PPTaOT3 u;nOS JO PTpaW }{OOT;T10 uO;UaOuy AGTXaPH TETEE PPTaOTa 'TWPTW aOOT3 ugST 'anuaAV TTGNOT-79 TttT d'IZ 'sPuapzP0 May G-TTnbsg '-eTpuawauog o5PTquPS 66EZE PpTaOTa 'aasSPuPTTP,L 8S uOT;'e;S TTPW ';aaz;S aauuemnS S09 uOT-4-e-zodsu-zs..;o -4uaw-z-edaQ a.zTnbsg 'uoTuouaW Ni-eTO ATzagwTx 006T-ZOEEE 'epT-TOTS 'aTepiapneZ -zoq 006T xog aoTJJO '4Sod .zoo T,3 u-4ST 'piPAaTnog pa-eMozg gsPH OOZ *V*d 'TTassnH 7 i@-4snuoS 'u-4TwS 'ANsOTOoW 'uapnH G-TTnbsg 'u-4TwS •N uuaTO :QSHSIN'Ma SSId00 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk H Elizabeth Bernardo - Submittal List of Lobbyists Ethics Certificate From: "Ewan, Nicole" <newan@miamigov.com> To: Elizabeth Bernardo <eb@tewlaw.com> Date: 3/24/2010 1:31 PM Subject: Submittal List of Lobbyists Ethics Certificate Hi Liz, Per you request, here is the updated list: LAST NAME FIRST NAME Alvarez Mark Bowen - -- Carol Burton Truly Cotter Anne Cramaschi Pablo De La Fuente Bob "Domingo" Dougherty Lucia Echmendia Santiago Escarra Iris Fuentes Jose Garcia Richard Garcia -Serra Mario Goldstein Joseph Gutierrez Armando Holland Robert Juan del Valle Carlos Krischer Alan Lasarte Felix Lima Jorge Linkhorst Adam Little Joe Llanes Rolando Marin Steven Marrero-Priegues Ines Mayol Juan Navarro Jorge Pardo Adrienne Pastoriza Gilberto Prieguez Manuel Recio Tony Rodriguez Marisol Sacks David Pagel of 2 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk file:HC:\Documents and Settings\eb\Local Settings\Temp\XPgrpwise\4BAA1415WPBHos... 3/24/2010 Page 2 of 2 Sibila Estrellita Tucker Gibbs Villasuso, Jr Eloy Nicole N. Ewan City of Miami Office Of The City Clerk 3500 Pan American Drive Miami, FL 33133 Phone: 305-250-5347 Fax :305-858-1610 Email: newan@miamigov.com Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk _ file://CADocuments and Settings\eb\Local Settings\Temp\XPgrpwise\4BAA1415WPBHos... 3/24/2010 n n a u L H r� 0 H i :3 F l :E Submitted into the public record in connection with item PZ.6 on 04-08-10 l Priscilla A. Thompson Citv Clerk 1 Long, Bili From: Martinez, Art R Sent: Thursday, August 07, 2008 03:05 PM 1 To: Long, Bill Subject: Fw: mary mays/Baptist Church 1 ! submitted into the public CBS 01925 record in connection with -------------------------- Art Martinez item PZ.6 on 04-08-10 1 Vice President Southeast Region - - - -City Clerk. CBS Outdoor 954-971-2995 1 ----- Original Message ----- From: Little, Joe To: Clements, John R (JC) Cc: Martinez, Art R Sent: Wed Aug 06 16:40:07 2008 Subject: mary mays/Baptist Church 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 Commissioner is upset and was 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 will not issue the permit until she signs off. I told Koteles yesterday we want to talk to the Church to see if there is a way to split the rent between Mays and the church and/or move the site entirely to the Church property. 1 He contacted me 'indirectly this afternoon through Keith Carswell (his friend and the lobbyist 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 support our permit application for Lummis if we withdraw our application at Mary Mays. Of the two sites, Lummis is clearly superior. As you know, Outlook convinced me that the City would issue the Mays permit only to Santiago. As a 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 Harkley, I want to loop you and Art in. 1 1 Joe Little CBS Outdoor, Inc. VP/Real Estate SE ph: (813)-888-5541 fx: (813)-888-3531 1 ! submitted into the public CBS 01925 record in connection with item PZ.6 on 04-08-10 1 Priscilla A. Thompson - - - -City Clerk. L 1 i rid LTJ F 1 2 n w a WU CG Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk J 1; CITY OF MIAMI OFFICE OF THE CITY ATTORNEY MEMORANDUM tTO: Orlando Toledo, Senior Director FROM: Julie O. Bru, City Attorney,.,,b ,Artd DATE: March 4, 2009 RE: Settlement Agreement with CBS O, Compliance by CBS The following is a summary of the obligations of CBS Outdoor, Inc., under the Settlement Agreement, executed by the City Manager on July 18, 2008. I have quoted the applicable language and provided a reference to the page and paragraph of the Agreement where it can be found. Pursuant to the request of the District 2 Coi imissiorier3- would -you kindly advise as to the status of each of these obligations at your earliest convenience. Thank you. PAGE 3 Para 3 SIGNS NOT LISTED ON EXHIBITS B, C & D: "CBS owns or operates all Signs listed on Exhibits B, C and D, and to the best of CBS's knowledge, there are no other Signs within the City that are currently owned or operated by CBS or any of its subsidiaries, affiliated corporations, or affiliated entities." ... "With respect to any Sign or Sion structure owned by CBS which is not listed on Exhibits B._C and D. CBS will immediatelti remove said Sign and/or Simi Structure as of the Effective Date of this Agreement. With respect to oy Sign operated or managed by CBS which is not listed on Exhibits B. C and D. CBS will discontinue operatin®/manaoine same as of the Effective Date of this Agreement." Does CBS own or operate any Signs in the City of Miami aside from those listed in Exhibits B, C & D of the Settlement Agreement? PAGE 4 Para 3 WRITTEN NOTICE OF REMOVAL: "Immediately following the removal of any Sign under this paragraph, CBS will e provide the City with written notice of the removal so the City can monitor CBS' compliance with this Agreement." 1 Has CBS provided any written notices) to the City of its removal of any Sign(s)? Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson Citv Clerk tOrlando Toledo March 4, 2009 Page 2 Para 3(a) REMOVAL OF SIGNS LISTED ON EXHIBIT B: "Within three (3) months of the Effective Date of this Agreement, CBS shall at its sole cost and expense, permanently remove all of the Sign structures with the Sign faces listed on Exhibit B." The Effective Date of the Agreement is July 18, 2008. Three months following 1 the Effective Date is October 18, 2008. Did CBS remove all of the Sign structures with the Sign faces listed on Exhibit B by October 18, 2008? 1 Para 3(b) REMOVAL OF SIGNS LISTED ON EXIHBTT C: "Those Sign structures on Exhibit C not already removed will be removed not later than three (3) months following the Effective Date of this Agreement." The Effective Date of the Agreement is July 18, 2008. Three months following the Effective Date is October 18, 2008. Did CBS remove all of the Sign structures with the Sign faces listed on Exhibit C by October 18, 2008? PAGE 5 Para 3(c)(i) REMOVAL OF ALL ROOFTOP SIGNS BY 2033: 1 "On or before the Twenty -Fifth Anniversary (25th) of the Effective Date, CBS will remove all the remaining rooftop Sign structures listed on Exhibit D, but in any event all remaining rooftop Signs owned by.CBS. In other words, upon the Twenty -Fifth Anniversary (25`x) of the Effective Date, of this Agreement, no rooftop Sign structures shall remain." The Effective Date of the Agreement is July 18, 2008. Twenty five years following the Effective Date is October 18, 2033. Has the Administration calendared July 18, 2033, as the date all CBS Rooftop Signs should be ® removed? �I PAGE 6 Para 3(c)(ii) REMOVAL OF 4 DOUBLE FACED SIGNS AND ONE SINGLE FACED SIGN ON EXHIBIT D BY 2033: "In addition to the removal of the Signs listed on Exhibits B and C, and all rooftop Signs on Exhibit D, within twenty-five years of the Effective Date of this. 1 Agreement, CBS will have removed four (4) double faced Signs and Sign structures and one (1) single faced Sign and Sign Structures from those C-1 and Special District Signs listed on Exhibit D. This removal requirement of CA Signs is in addition to any other removal requirement contained in this agreement." /Submitted into ther ublic record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson �_ ___ City Clerk,_ _ __ 1 1 Orlando Toledo March 4, 2009 1 Page 3 The Effective Date of the Agreement is July 18, 2008. Twenty-five years following the Effective Date is October 18, 2033. Has the Administration 1 calendared July 18, 2033, as the date CBS must have removed 4 double faced Signs and 1 single faced Sign listed on Exhibit D? 1 PAGE 7 Para 3(g) NOTICE OF REMOVAL/DISCONTINUANCE OF OPERATION: 1 "Within thirty (30) calendar days following CBS' removal of any Sign and/or Sign structure under this Agreement, as listed on any Exhibit to this Agreement, 1 CBS shall notify the City of the removal. Additionally, within thirty (30) calendar days following CBS' termination of operation/management of any Sign and/or Sign structure under this Agreement, as listed on any Exhibit to this Agreement, CBS shall notify - the City of such- -discontinuance of operation/management." 1 Has CBS notified the City of all Signs removed, and the termination of operationlmanagement of all Signs, listed on any Exhibit to the Agreement? Para 4(a) 7 IMTIAL AMENDED PERMITS IN EXCHANGE FOR THE REMOVAL OF THE SIGNS LISTED ON EXHIBIT B "The City will amend up to a maximum of 15 permits for Signs based on CBS' removal of Signs on a two for one basis: for every two bulletin faces removed, one bulletin face may be erected with an Amended Permit. The City acknowledges that CBS shall be entitled to the issuance of 7 Amended Permits upon the removal of the Signs listed on Exhibit B (the "Initial Amended A Permits"). For mended Permits 8-15, CBS shall be given credit for the thirteen (13) Signs listed on Exhibit C. After all credits for the removal of Signs listed on Exhibit C are applied, CBS shall remove the Signs listed in Exhibit B-1 in the order designated to obtain the remaining Amended Permits, up to a total of 15 Amended Permits. CBS may substitute a Sign listed in Exhibit B-1 with the City's express consent. For Signs constructed based on credits obtained for the removal of Signs listed in Exhibit B-1, the Sign shall not be erected before the designated Signs from Exhibit B-1 are removed." Has CBS applied for and been granted any Initial Amended Permits? If so, were the signs listed on Exhibit B removed first? Has CBS applied for and been granted Amended Permits 8-15? If so, were the Signs listed on Exhibit C removed first? Has any Amended Permit been 1 granted based on the removal of a Sign from Exhibit B-1? 1 Submitted into theP ublic record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson l _ _ City Clerk_ 1 Orlando Toledo March 4, 2009 Page 4 ' PAGE 9 Para 4(e) ONE-TIME PERMIT AMENDMENT FEE: ' "CBS will pay the City a one-time permit amendment fee as follows: (a) $20,000 for each Amended Permit for a Sign structure in a C-2 Zoning District; and (b) ' $50,000 for each Amended Permit for a Sign structure in a C-1 Zoning District." Has CBS paid the one-time permit amendment fee for each Amended Permit it 1 has obtained under the Settlement Agreement? PAGE 10 Para 4(h) AMENDED PERMIT DEADLINE: "The City will not issue Amended Permits under this paragraph more than five (5) ' years after the Effective Date of this Agreement." Has the Administration calendared July 18, 2013, as the date after which the ' City will not issue any furtherAmended Permits? 1 PAGE 10 Para 5(a) LIOUIDATED PENALTY: "CBS agrees to pay the City a liquidated penalty of $10,000 per day per Sign for any Sign which it does not remove in accordance with the terms of this Agreement set forth herein. The City shall not be entitled to receive the per diem ' penalty set forth in this paragraph until it has notified CBS of each Sign it claims CBS has failed to remove and it has provided CBS 30 days to cure any such failure." ' Has CBS failed to remove any Sign as required by the Settlement Agreement? If so, has the City notified CBS of its failure to remove and provided CBS 30- 1 days to cure, thus triggering the liquidated penally? Para 5(a) PERFORMANCE BOND: "To secure its obligation to remove Signs under this Agreement, CBS shall, on Y the later of the Effective Date of this Agreement, or 60 days from CBS' receipt of 3 0 the Initial Amended Permits, post a performance bond in favor of the City and o` o E u 1 approved by the City, in the total amount of $100,000." Y o Y �of-v Has CBS received all 7 Initial Amended Permits provided for in the Settlement:a 0, o T ' Agreement, which would trigger the obligation to post the $100,000 Y .r- N'rj l performance bond? � a a = u E ' Orlando Toledo March 4, 2009 ' Page 5 ' PAGE 11 1 Para 6(a) PERMIT SEARCH AND LETTER ISSUANCE FEE: "By the later of the Effective Date of this Agreement, or 60 days after CBS' 1 receipt of the Initial Amended Permits, CBS will provide the City with copies of all permits in its possession for the Signs that are listed on Exhibit D. Thirty days after such delivery, the City will provide to CBS copies of permits in its possession for all other Signs listed on Exhibit D. For all Signs listed on Exhibit D, the City will issue a written determination whether a Sign is legal or legally non -conforming during the term of this Agreement, upon CBS providing certification _ from a licensed electrical contractor certifying compliance with applicable National Electric Code (NEC) requirements. For any Signs which neither the City nor CBS is able to locate a copy of the original City permit, CBS ' will pay the City a letter issuance fee of $5,000 for each such Sign." Has CBS received each of the seven (7) Initial Amended Permits called for 1 under the Settlement Agreement, which would trigger the permit search and letter issuance fee? ' Para 7(b) "Simultaneously with the execution of this Agreement, the City shall deliver completed and fully executed FDOT Form 575-070-04 for each Initial Amended Permit certifying that, for the address of each of these Sign locations it is or will be in compliance with all duly.adopted ordinances and has been or will be issued ' the necessary City permits." Under paragraph 4(a), CBS is entitled to 7Initial Amended Permits. Has CBS 1 delivered to the City completed and fully executed FDOT Forms for each Initial Amended Permit? PAGE 15 - - -- - I Para 7(b)(i) PERMIT FEE: "Upon the execution of this Agreement and CBS's receipt of the FDOT Form 575-070-04, it will pay the City a total of $2,600,000 as follows: (i) a $350,000 ("Permit Fee") for the Initial Amended Permits in accordance with this y o L Agreement." "The Permit Fee and the initial Sign Surcharge payment of a a u $450,000.00 shall be placed in an interest bearing escrow account opened jointly s ° o o by the City and CBS. One seventh (1/7) of the escrowed sum of $800,000, plus o o f- " 1 interest, shall be released to the City upon CBS' receipt of each Initial Amended c = Q Permit and the FDOT permit related thereto." [para. 7(g)]. -o ° ° 1 Under this language, the City is due $114,285.71 in Permit Fees and initial o=va E o L Sign Surcharge payments for each of the seven Initial Amended Permits 1 ,n °= Orlando Toledo March 4, 2009 1 Page 6 received by CBS. Has the City received this payment for each Initial Amended 1Permit provided to CBS? Para 7(b)(ii) SIGN SURCHARGE: 1 "Upon the execution of this Agreement and CBS's receipt of the FDOT Form 575-070-04, it will pay the City a total of $2,600,000 as follows:... (ii) a Sign Surcharge of $2,250,000. This Sign Surcharge shall be divided into five (5) equal payments of $450,000. Subject to the provisions of 7g below, the initial $450,000 payment shall be due at the same time CBS pays the Permit Fee. Thereafter, there will remain $1,800,000 due to the City for the Sign Surcharge. Subject to the 1 provisions of paragraph 17(b) and (c) below, CBS shall pay the City $450,000 every year for four years on the anniversary of the date CBS made the initial Sign Surcharge payment." iThe initial $450,000 Sign Surcharge payment was due at the same time CBS paid the Permit Fee. CBS should have paid the Permit Fee when the P Initial Amended Permit was issued When did that occur? Each of the subsequent four $450,000 Sign Surcharge payments are due on the anniversary of the payment of the initial Sign Surcharge payment. Please calendar these dates. PAGE 16 1 Para 8 ANNUAL SETTLEMENT FEES: "Provided that three or more of the Signs authorized by the Initial Amended Permits have been constructed, commencing on the Effective Date of this Agreement and on the anniversary date of this Agreement for 24 years thereafter, CBS will pay the City the following described annual settlement fees: (i) $150,000 on or before the 30`h day following the Effective Date of this Agreement (Period I); and then (ii) $150,000 per year for the next nine (9) years thereafter on the anniversary of the Effective Date of this Agreement (Period Il); and then..."IJ L Have three or more Signs authorized by Initial Amended Permits been ,0„ CL CL a o�� 00 0 u l constructed by CBS? so, has CBS paid the initial $150,000 payment? If L - q s �= W I— U PAGE 18 c . C C Q -v 0 Para 9 RETROFfI'TING SIGNS: C u N E � a i "Except for those Signs that are under 20 feet in Height, all Signs on Exhibit D that are currently supported by multiple I -beams, shall be replaced with monopole structures on a one structure per month basis, commencing the month following the Effective Date of this Agreement until all multiple I-beam support structures 1 have been replaced." Orlando Toledo March 4, 2009 Page 7 How many Signs on Exhibit D are 20 feet high or over and which are they? Has CBS been replacing Signs supported by multiple 1 -beams with monopole structures on a one structure per month basis commencing July 18, 2008? PAGE 19 Para 11(a) RELOCATION STANDARDS: "In the event it becomes necessary for CBS to replace any C-2 Sign listed on Exhibit D, the City will authorize CBS to replace such C-2 Sign on the same site or to relocate such Sign within an allowed geographical location in the same Zoning District according to the relocation standards which may be adopted by the City consistent with this Agreement. 1 Has the City adopted relocation standards as referenced in this paragraph? PAGE 20 Para 12(a) OUTDOOR ADVERTISING SPACE FOR CITY USE: "For the next 25 years, CBS will, as space is available, provide outdoor advertising space to the City within the limits of the City of Miami, and within other major media markets throughout the United States, with a "minimum retail value" of no less than $50,000 per year at no cost to the City, for the display of City -prepared and approved advertising materials ..," 1 Since July 18, 2008, has the City annually requested $50,000 worth of outdoor advertising space from CBS, and has CBS provided it? 1 PAGE 21 Para 12(b) NEIGHBORHOOD ENHANCEMENT ACCOUNT: "Commencing 120 days following the Effective Date of this Agreement, and on ' each anniversary of the Effective Date of this Agreement thereafter, for so long as this Agreement remains in effect, CBS will annually fund a Neighborhood Enhancement Account ("NEA") in the amounts, and for the purposes set forth below: (i) $4,285.72 for each of the Amended Permits, as long as such Sign Structures remain standing, or a Sign has been erected in a substitute location As of November 18, 2008, how many Amended Permits has the City provided to CBS? Did CBS pay the City $4,285.72 to fund the NEA for each erected Amended Permit that was standing on November 18, 2008? cc: Hon. Mayor and Members of the City Commission Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson _ _ __City Clerk a a 1 a a e Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk K a a a 6 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk K Ethi c s http: //w,A•w.rni ami dade. jov/ethi c s, home_rul e_charter_pri � 4 nt. as 1 -- Miami -Dade County 1 Ethics u � C i+ O Y Websiie and content provided by 1,Aami-Dade County 3 0 a 2 O oo C v. a E v ai u O L y Home Rule Charter � awl o � o 0 Preamble O '+' E m We the people of this County, in order to secure for ourselves the benefits and responsibilities of home rule, to create a a 1 metropolitan government to serve our present and future needs, and to endow our municipalities with rights of self v determination in their local affairs, do under God adopt this Home Rule Charter. !^ Citizen's Bill of Rights 1 (A) This government has been created to protect the governed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative management, to make government more accountable, and to insure to all persons fair and equitable treatment, the following rights are guaranteed: 1. Convenient access. Every person has the right to transact business with the county and municipalities with a minimum of personal inconvenience._It-_-s--hall be the duty of the_County_Manager and the Commission to provide, within the County's budget limitations, reasonably convenient times and places for registration and voting, for required inspections, and for transacting business with the County. 2. Truth in government. No county or municipal official or employee shall knowingly fumish false information on any 1 public matter, nor knowingly omit significant facts when giving requested information to members of the public. 3. Public Records. All audits, reports, minutes, documents and other public records of the County and the municipalities and their boards, agencies, departments, and authorities shall be open for inspection at reasonable times and places ' convenient to the public. 4. Minutes and ordinance register. The Clerk of the Commission and of each of the municipal council shall maintain and make available for public inspection an ordinance register separate from minutes showing the votes of each member on all ordinances and resolutions listed by descriptive title. Written minutes of all meetings and the ordinance 1 register shall be available for public inspection not later than thirty (30) days after the conclusion of the meeting. 5. Right to be heard. So far as the orderly conduct of public business permits, any interested person has the right to ' appear before the commission or any municipal council or any county or municipal agency, board, or department for the presentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the governmental entity involved. Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter will be heard. Nothing 1 herein shall prohibit any governmental entity or agency from imposing reasonable time limits for the presentation of a matter. 6. Right to notice. Persons entitled to notice of a county or municipal hearing shall be timely informed as to the time, ' place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a 1 reasonable time prior to the hearing, unless the matter involves an emergency ordinance or resolution. 7. No unreasonable postponements. No matter once having been placed on a formal agenda by the county or any municipality shall be postponed to another day except for good cause shown in the opinion of the county commission, e the municipal council or other governmental entity or agency conducting such meeting, and then only on condition that any person so requesting is mailed adequate notice of the new date of any postponed meeting. Failure by an individual to receive such notice shall not constitute mandatory grounds for cancelling the hearing or rendering invalid any 1 determination made at such hearing. 8. Right to public hearing. Upon a timely request of any interested party a public hearing shall be held by any county or municipal agency, board, department, or authority upon any significant policy decision to be issued by it which is not subject to subsequent administrative or legislative review and hearing. This provision shall not apply to the law department of the county or of any municipality, nor to any body whose duties and responsibilities are solely advisory. 11 of 3 9/17/2009 11:20 7 Ecru c s http: //ww w.mi ami dade. zov/etiv c s/home_ru] e_charter—print.a: At any zoning or other hearing in which review is exclusively by certiorari, a party or his counsel shall be entitled to present his case or defense by oral or documentary evidence, to submit rebuttal evidence, and to conduct such cross- examination as may be required for a full and true disclosure of the facts. The decision of any such agency, board, or department or authority must be based upon the facts in the record. Procedural rules establishing reasonable time and other limitations may be promulgated and amended from time to time. 1 9. Notice of action and reasons. Prompt notice shall be given of the denial in whole or in part of a request of an interested person made in connection with any county or municipal administrative decision is reserved at the conclusion of the hearing. The notice shall be accompanied by a statement of the grounds for denial. U -he 10. Managers' and attorneys' reports. The county manager and county attorney and each city manager and city 10. � 3 o a a a E u attorney shall periodically make public status report on all major matters pending or concluded within their respective s , .= 4- jurisdictions. o c Q 11. Budgeting. In addition to any budget required by state statute, the county manager shall prepare a budget showing c = -o u e fd the cost of each program for each budget year. Prior to the county commission's first public hearing on the proposed P4 1 budget required by state law, the county manager shall make public a budget summary setting forth the proposed cost of each individual program and reflecting the personnel for each program, the purposes therefore, the estimates U E millage cost of each program and the amount of any contingency and carry over funds for each program. 12. Quarterly budget comparisons. The county manager shall make public a quarterly report showing the actual expenditures during the quarter just ended against one quarter of the proposed annual expenditures set forth in the budget. Such report shall reflect the same cumulative information for whatever portion of the fiscal year that has elapsed.. 13. Adequate audits. An annual audit of the county and each municipality shall be made by an independent certified public accounting firm in accordance with generally accepted auditing standards. A summary of the results, including any deficiencies found, shall be made public. In making such audit, proprietary functions shall be audited separately and adequate depreciation on proprietary facilities shall be accrued so the public may determine the amount of any direct or indirect subsidy. 14. Regional offices. Regional offices of the county's administrative services shall be maintained at locations in the county for the convenience of the residents. 15. Financial disclosure. The commission shall by ordinance make provision for the filing under oath or affirmation by all county and municipal elective officials, candidates for county and municipal elective offices, such employees as any 1 be designated by ordinance, and such other public officials, and outside consultants who receive funds from the county or municipalities within the county and who may legally be included, or personal financial statements, copies of personal federal income tax returns, or itemized source of income statements. Provision shall be made for preparing and keeping such reports current from time to time, and for public disclosure. The commission shall also make provision for the filing annually under oath of a report b full-time county and Y tY municipal employees of all outside employment and amounts received therefrom. The county manager or any city manager may require monthly reports from individual employees or groups or employees for good cause. 16. Representation of public. The commission shall endeavor to provide representation at all proceedings significantly affecting the county and its residents before state and federal regulatory bodies. 17. Commission on Ethics and Public Trust. The County shall, by ordinance, establish an independent Commission on Ethics and Public Trust comprised of five members not appointed by County Commission, with the authority to review, interpret, render advisor opinions and enforce the county and municipal code of ethics ordinances, conflict of interest t ordinance, lobbyist registration and reporting ordinances, ethical campaign practices ordinances, when enacted, and citizens' bill of rights. (B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of Dade County. Such power necessarily carries with it responsibility of equal magnitude for the successful operation of government in the county. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity an restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C) Remedies for violations. In any suit by a citizen alleging a violation of this article filed in the Dade County Circuit Court pursuant to its general equity jurisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by . 2 of 3 9/17/20 09 11:20 . nttp: //vw,A, w .mi arry d a d e. Qov/ ethi c s/home_rul e_charter_pri nt. as the court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his office or employment. (D) Construction. All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. Amended 3-12-96) Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson ON Clerk 9/17/2009 11:20 L� �if=t i+S ,e File Number: 07-00438c City of Miami Legislation Resolution: R-07-0625 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date: 10/25/2007 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED.CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A CITIZENS' BILL OF RIGHTS; PROVIDING THAT THE AMENDED CHARTER MAY BE REORGANIZED AND RENUMBERED; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29,2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH -RESPECT-TO TH E_U.SE_O F_VOTER_ REGISTRATION. BOOKS -AND-- ------ - RECORDS; PROVIDING FOR NOTICE; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION; PROVIDING AN EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the Miami -Dade County Charter contains a Citizens' Bill of Rights that is applicable to municipalities in Miami -Dade County; and WHEREAS, on May 10, 2007, by its adoption of Resolution No. 07-0276, the City Commission directed the City Attorney to prepare a proposed Charter Amendment that would establish in the City Charter a Citizens' Bill of Rights containing some of the same provisions as are contained in the Miami -Dade County Citizens' Bill of Rights and some additional provisions; and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at the Special Municipal Election to be held on January 29, 2008, as called for and provided herein; = Y NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, ' ° FLORIDA: j ° o s o a�,o�-u. c Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by E c M reference and incorporated as if fully set forth in this Section. -a " ai c ,a ++ c E N L Section 2. The Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as o` E a amended), is proposed to be amended by adding a new charter section containing a Citizens' Bill ofinL a) Rights as set forth in the attached text in the following particulars:{1} City of Miami Page 1 of 6 File Id: 07-00438c (Version: I) Printed On: 311912010 n File Number. 07-00438c Enactment Number: R-07-0625 r i ISec. xx. Citizens' Bill of Rights 0 n "PART I CHARTER AND RELATED LAWS SUBPART A THE CHARTER u t Y 3 � acs; o CL Eu a o t+ u 00 O t a O O ~ U c r Q o p u O M = aJ C wl N in ° u E O 1 (A L � LAS. This govemment has been created to protect the govemed, not the governing. In order to provide the public with full and accurate information, to promote efficient administrative manaaement, to make government more accountable, and to insure to all persons fair and equitable treatment._ the. following—_.___— rights are guaranteed: 1. Religion and Conscience. The City shall not interfere with the freedom of each person in the city to follow the dictates of his or her own conscience concerning religious worship. nor shall the city support any religion. 2. Speech. Assembly and Press. The City shall not interfere with the rights: (i) of freedom of speech• (ii) of freedom of the press: (iii) to petition the government. or (iv) to peaceable assembly. 3. Unreasonable Searches and Seizures. The City shall not authorize any unreasonable search or seizure. 4. Nondiscrimination. The City shall not, directly or indirectly, discriminate among persons because of race, color, creed, religion, sex, domestic relationship status, parental status, familial status, sexual orientation national origin. political affiliation, gender identity and expression, or racial profiling. Nothing herein shall prevent the City of Miami from remedying present discrimination or the present effects of past discrimination by a race -conscious affirmative action program which is in compliance with the Constitution and laws of the United States of America and the State of Florida. 5. Environmental Protection. The City shall promote the right of the people to clean air, pure water, freedom from excessive and unnecessary noise. and the natural, scenic. historic and aesthetic qualities of the environment. 6. Natural Resources and Scenic Beauty. It shall be the policy of the City to conserve and protect its natural resources and scenic beauty, which policy shall include the abatement of air and water pollution, and excessive and unnecessary noise. The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami. Such power necessarily carries with it responsibility of equal magnitude for the City of Miami Page 2 of 6 File Id 07-00438c (Version: 1) Printed On: 311912010 File Number 07-00438c Enactment Number: R-07-0615 t successful operation of government in the City. The orderly, efficient and fair operation of government requires the intelligent participation of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual Prerogatives. and for individual citizens to grant respect for the dignity of public office. LL Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights filed in t the Dade County Circuit Court pursuant to its general eguity iurisdiction, the plaintiff, if successful. shall be entitled to recover costs as fixed by the court. Any public official or employee who is found by the court to have willfully violated this article shall forthwith forfeit his or her office or employment. t(D) All provisions of this article shall be construed to be supplementary to and not in conflict with the general laws of Florida or the provisions of the Florida Constitution. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. The Charter Amendment proposed in this Section is known as Charter Amendment No. 1 1Section 3. In accordance with the provisions of the City Charter and §5.03 of the Miami -Dade County Home Rule Charter, a Special Municipal Election is called and directed to be held in the City of - -- Miami, -Florida, -from -7:00 A.M.-until-7:00-P-.M.,-on-Tuesday,-January-29,-2008,-for-the-purpose-of- - - - - - - - - submitting to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 1. 1 Section 4. (a) In compliance with the Florida Election Code, the City Clerk is authorized and directed to publish notice of the adoption of the herein Resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially as set forth in the following form: ' NOTICE OF SPECIAL MUNICIPAL ELECTION TO AMEND THE CHARTER TO BE HELD ON TUESDAY, JANUARY 29, 2008 ' IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Special Municipal Election will be held on Tuesday, January 29, 2008, from 7:00 A.M. until 7:00 P.M. t in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following 1 question: "Shall the Miami Charter be amended to establish a Citizens' Bill of Rights to guarantee rights related to religion and conscience, speech, assembly and 1 press, unreasonable searches and seizures, nondiscrimination, environmental " Y c protection, natural resources and scenic beauty and providing for remediesa = CL and construction?" a, 0 CO B By order of the Commission of the City of Miami, Florida. 0 ami c G H V a I-- - o Y 0 rs SDI V '. v L N N a a � o � E N Y '. City ojMiamd Page 3 oj6 File Id 07-00438c (Version: I) Printed On: 3119/1010 C E 11 I. File Number. 07-00438c Enactment Number: R-07-0615 City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) Section 5. The official ballot to be used at said Special Municipal Election shall be in full compliance with the Election Code of Florida with respect to absentee ballots and to the use of such voting machines as may be required by the Florida Election Code, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, JANUARY 29, 2008 FOR APPROVAL OR DISAPPROVAL OF - --- --- ---- - THE FOLLOWING QUESTION:— - Charter Amendment to establish in the Miami Charter a Citizens' Bill of Rights. YES (For the measure) "Shall the Miami Charter be amended to establish a Citizens' Bill of Rights to guarantee rights related to religion and conscience, speech, assembly and press, unreasonable searches and seizures, nondiscrimination, environmental protection, natural resources and scenic beauty and providing for remedies and construction?" NO i (Against the measure) Section 6. The Special Municipal Election shall be held at the voting places in the precincts I I designated on Exhibit No. 1, or as may be designated by the Supervisor of Elections of Miami-Dade .3 c fl a► County, in conformity with the provisions of the Florida Election Code. °- c E u T a, 1 u o H U Section 7. A description of the registration books and records which pertain to election precincts ° a wholly or partly within the City and which the City is adopting and desires to use for holding suchE g o M elections is as follows: All registration cards, books, records and certificates pertaining to electors of W c 1D 'U — A N al N 'L EL o E a 3 a Ciry ofMiand Page 4 of 6 File Id. 07-00438c (Version: 7) Printed On: 3119/1010 1 File, Number, 07-00438c Enactment Number: R-07-0625 ' the City and established and maintained as official by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code, are adopted and declared to be, _ and shall hereafter be recognized and accepted as, official registration cards, books, records and ® certificates of the City. Section 8. The Precinct Election Clerks and Inspectors to serve at said polling places on said ' dates shall be designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purposes in accordance with the general laws of the State. 1 Section 9. Persons who are qualified to vote in this Special Municipal Election and who have not registered under the provisions of the Florida Election Code and Chapter 16 of the Code of the City of Miami, Florida, as amended, or who have transferred their legal residence from one voting precinct to ' another voting precinct in the City, may register at such branch offices as may be approved by the Supervisor of Elections of Miami -Dade County and at said Supervisor's office which will be open at the following location and during the following times: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT ' 2700 Northwest 87th Ave, Doral, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M. Qualified persons may also register at branch offices and may also use any mobile registration van 1 during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County. ' Section 10. PRISCILLA A. THOMPSON, the City Clerk of the City of Miami, Florida, is designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County in relation to matters pertaining to the use of the registration books for the holding of the herein general municipal election 1 and the herein runoff election. ' Section 11. The City Clerk shall cause to be prepared absentee ballots for the use of absentee electors entitled to cast such ballots in the Special Municipal Election being called for herein. Section 12. All qualified electors of the City shall be permitted to vote in this Special Municipal Election and the Supervisor of Elections of Miami -Dade County is requested, authorized, and directed to furnish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. 3 3 0a ° Section 13. The City Clerk is authorized and directed to cause a certified copy of this Resolution CL c ;+ — E00 0 u o ' 4 to be delivered to the .Supervisor of Elections of Miami -Dade County not less than 45 days prior to the date of the Special Municipal Election pursuant to applicable law. = o r Q . V OtA u E a 0 0 City of miand Page 5 of 6 File Id. 07-00438c (Version: 1) Printed On: 311912010 File Number. 07-00438c Enactment Ywnber: R-07-0625 1Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. 1 {2} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. 1 1 1 1 1 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson �. City Clerk 1 City of Miand Page 6 of 6 File Id 07-00438c (Version: 1) Printed On: 3/19/2010 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk L 1 TEW - CARDENAS LLP b•R FLOO Na TOWER 1 A T T O R N E Y S A T L A W 1441 BRICKBLLAVENUE MIAMI • TALLAHABBEB • WABHFNOTON DO ULWZ.FLORIDP.33131-3407 AMANDA L. QUIMH T 505.636.1112 WRITER*s DiRrcT Uxa. 305.536.6216 F 905.536.1116 1 E-AdAiL-. AQrtc-Iaw.com V1WW.TE'WLAw.0ow 1 February 24, 2009 1 Ms. Teresita Fernandez City of Miami 1 Clerk of the Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33130-1910 1 Re: Appeal of February 19, 2009 Zoning Administrator Determination 1 Dear Ms. Fernandez: In accordance with Article 18 of the City zoning code, please consider this a notice of appeal of the zoning administrator's determination dated February 19, 2009 (the 1 "February 19 Determination," attached as Exhibit A) that the request for renewal of outdoor advertising signs by Outlook Media of South Florida ("Outlook") is not authorized. In support of the determination that Outlook's request for renewal is not 1 authorized, the zoning administrator refers to the following documents: 1. February 18, 2009 letter from CBS Outdoor to the City of Miami, stating that "CBS 1 has not authorized OM to present the Renewal Applications to the City," 2. August 26, 2008 letter from CBS Outdoor to the City of Miami, allegedly 1 withdrawing the "blanket letter of consent dated May 2, 2008 authorizing'the, City to approve FDOT application forms by Outlook Media of South Florida, LLC on our behalf." 1 The City of Miami is aware of a Letter of Understanding executed on or about May 1, 2008 between CBS and Outlook, attached as Exhibit B, Ili accordance with the 1 May 1, 2008 Letter of Understanding, CBS sent a letter dated May 2, 2008 (the May 2 Authorization, attached as Exhibit C), stating that "in accordance with the terms of the Agreement, CBS Outdoor, Iuc, consents to Outlook Media of South Florida, LLC filing Applications for Outdoor Advertising Permits with the Florida Department of Transportation on our behalf." Outlook submitted applications for the following sites, in reliance on the Letter of 1 Understanding and the May 2 Authorization: 1 Submitted into the public record in connection with 1 item PZ.6 on 04-08-10 Priscilla A. Thompson ____ _ City Clerk ' Ms. Teresita Fernandez City of Miami Clerk of Hearing Boards ' February 24, 2009 Page 2 of 3 ' a, Bakehouse - Miami Dade County Folio 01-3125-020-0630 b. Contemporary Contractors - Miami Dade County Folio 01-3124-003-1440 'C. GT Used Trucks - Miami Dade County Folio 01-3125-035-0360 1 d. Brickell Village Land Company - Miami Dade County Folio 01-0205- 000- 1131 e. Elks Lodge - Miami Dade County Folio 01-3124-001-0340 ' f. Sevennine - Miami Dade County Folio 01-4138-001-2070 ' g. CanPartners Realty - Miaimi Dade County Folio 01-4137-036-0020 h. Gibson Park - Miami Dade County Folio 01-3136-058-0010 ' i. Mary Mays - Miami Dade Comity Folio 01-3136-036-0020 j. The Little Old Real Lstate - Miami Dade County Folio 01-3125-025-0280 1 k, Tanalca-Miami Dade CountyFolio 01-3113-025-0041 1Furthelmore, the above referenced applications were submitted prior to the August 26, 2008 CBS letter, which is cited as a basis for the February 19 Determination, Since Outlook acted in reliance on the Letter of Understanding and the May 2 ' Authorization, CBS is estopped from attempting to revolve any authorizations or prior approvals of the above referenced applications, ' The effect, if any, of the February 18, 2009 and August 26, 2008 letters frora CBS on the Letter of Understanding and the May 2 Authorization is a matter of contract interpretation between. CBS and Outlook, It is not within the City's purview to interpret or determine the effect of the CBS letters dated August 26, 2008 and February 18, 2009, 1 Revocation is governed by the principals of contract law, and is clearly not within the scope of the zoning administrator's duties which are limited by the "terms, provisions, and requirements" of the zoning ordinance, (City Zoning Code Section 2101.2), - - i Please accept this notice of appeal, in accordance with Article 18 of the zoning code, Furthennore, in accordance with Article 18, all actions are stayed pending resolution of this appeal. The February 13, 2009 letter requested that the attached applications be stamped received by the City on that date. Therefore, no applications U r should be accepted or approved within 1500 feet of the locations proposed for renewal, 3 0 ( ' :3 ac'7u o 00 c +� o o c oF-u 1TEW CARnnw,s LLP c Q Rota Seasons Tower, 15th Floor, 1441 Brickoll Avenue, Miami, Florida 33d31-3407 305.536-1112 Y N E -o a a ' o W 3 a d yr � r Ms. Teresita Fernandez City of -Miami Clerk of Hearing Boards February 24, 2009 Page 3 of 3 pending the outcome of this appeal of the zoning administrator's determination that the February 13, 2009 request is not authorized. Sin c erel y, Amanda L.uirke ALQ: Enclosure cc: Santiago D. Echemendia, Esq. Joe Little Glenn Smith, Esq. Harkley Thornton i Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk TEw CARDENAS LLP Four Seasons Tawer, l5th Floor, 1441 Brlokoll Avenue, Miami, Florida 33131-3407 - 305-536-1112 11 s i 1 11 R I&A a Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk AM 1 r 1 TEW • CARDENAS LLP A T T O R N E Y S A T L A W MIAMI • TALLAHASSEE • WASHINGTON DC &NIANDA L. QUIPME WRITER'S DIRECT LINE: 305.536.8216 E-MAIL: AQCa?tewlaw.com September 29, 2009 Ms. Teresita Fernandez City of Miami Cleric of the Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33130-1910 Re: Appeal of September 14, 2009 Zoning Board Decision Dear Ms. Fernandez: FOUR SEASONS TOWER 15TH FLOOR 1441 BRICKELLAVENUE MIAMI, 7L1 FLORA 33131-3407 T 305.536.1112 F 305.536.1116 WWW,TEWLAW.COM In accordance with Article 20 of the City zoning code, please consider this a Notice of Appeal of the Zoning Board's decision on September 14, 2009 denying the appeal of the May 20, 2009 decision of the zoning administrator regarding an outdoor advertising sign at Lummus Park'. On May 20, 2009, the zoning administrator certified on FDOT Form 575-070-04 that the proposed outdoor advertising sign located on Miami Dade County Folio # 01-0110-090-1070 (the "Lummus Sign") is "in compliance with all duly adopted local ordinances and has been or will be issued the necessary permits." (See Exhibit A) On May 22, 2009, Outlook appealed the May 20, 2009 determination of the zoning administrator. (See Exhibit B). The Determination Was Erroneous Because the CanPartners ' Authorization Is Effective Through February 26, 2011 On June 16, 2009, Outlook gave notice to the City of Miaini that Outlook was ' exercising the two year extension of authorizations in accordance with Section 14 of SB 360 (attached as Exhibit C), Section 14 of SB 360 provides that any local govermnent issued development order or building permit that has an expiration date of September 1, ' 2008 through January 1, 2012, is extended and renewed for a period of 2 years following its date of expiration. Therefore, the CanPartners authorization does not expire until February 26, 2011. Since the CanPartners authorization has not expired, the City cannot authorize another outdoor advertising sign within 1500 feet of another outdoor advertising structure " c73 Y' ' C 30 � +z i Q � rl E u' I Outlook has repeatedly requested copies of the Zoning Board Resolutions, but the City has refused to r c 0 provide the Resolution as of this date. Therefore, Outlook reserves the right to supplement this appeal, c c 1 C u C C5 al tO � ---U V N c E Eva a:3 1 3 V 4' 0 C C e F Ms. Teresita Fernandez City of Miami Cleric of Hearing Boards September 29, 2009 Page 2of3 on the same side of the limited access highway in accordance with Section 926.15.2.1(a) of the City Code. Thus, the authorization of the Lummus Sign on FDOT Form 575-070- 04, as well as any other City approvals for the Lummus Sign must be reversed. The Determination Was Erroneous Because there is a Pending Appeal for A Sign within 1500 feet of the Lummus Sign This application was improperly authorized by the zoning administrator, because there is a pending appeal on the denial of the renewal of the local government approval for an outdoor advertising sign within 1500 feet of the Lummus Sign. On May 22, 2008, the City of Miami gave local government permission on FDOT Form 575-070-04 (attached as Exhibit D) to Outlook Media of South Florida LLC ("Outlook") for an outdoor advertising sign located on Miami Dade County Folio 01-4137-036-0020 (the "CanPartners Sign'). On February 13, 2009, Outlook submitted a request for the renewal of the local government permission for the CanPartners Sign (attached as Exhibit E), as well as several other locations previously approved by the City (the "Renewal Locations"). Outlook submitted a revised request on February 18, 2009 (the "February 18 Request," attached as Exhibit F), to clarify that the Renewal Locations, including, but not limited to the CanPartners Sign, were requested on behalf of CBS Outdoor, Inc. ("CBS"). On February 19, 2009, the Zoning Administrator denied the February 18 Request, and Outlook appealed to the zoning board in accordance with Article 18 of the City Zoning Code (the "February 24 Appeal," attached as Exhibit G). The February 24 Appeal was denied on September 14, 2009 by the Zoning Board, but an appeal of that decision to the City Commission is being contemporaneously filed herewith. In accordance with Section 1803 of the City Zoning Code, "[a]n appeal stays all proceedings in furtherance of the action appealed from." Therefore, since Section 926.15.2.1(a) requires that all outdoor advertising signs shall be spaced a minimum of fifteen hundred (1500) feet from another such advertising structure on the salve side of a limited access highway including expressways facing in the same direction, no outdoor advertising sign can be approved by the City within 1500 feet of the CanPartners Sign (or any of the other Renewal Locations) while the February 24 Appeal remains pending. For these reasons and in accordance with Article 20 of the City Code, Outlook hereby appeals the September 14, 2009 zoning board decision denying the appeal of the May 20, 2009 zoning administrator determination granting local government permission for the Lummus Sign. The Lummus Sign is not "in compliance with all duly adopted local ordinances" because it is located within 1500 feet of the CanPartners Sign, which does not expire until February 26, 2011 and is also the subject of a pending appeal. TEw CARDENAS LLP Four seasons Tower, 151h Floor,1441 Brickell Avenue, Miami, Florida 33131-3407. 305-536-1112 Ms. Teresita Fernandez City of Miami Clerk of Hearing Boards September 29, 2009 Page 3 of 3 ALQ: Enclosure cc: Santiago D. Echernendia, Esq. Joe Little Glenn Smith, Esq. Harkley Thornton Warren Bittner City Clerk 531212.1 Sincerely, k --- Amanda L. Quirke Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk TEw CARDHNAs LLP Four seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 •305-536-1112 6MJ ( Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 oF�Gy. F�G�g4 1 Miami Zoning Board Resolution No.: ZB-R-09-0047 1 Monday, September 14, 2009 Ms. Ileana Hernandez -Acosta offered the following resolution and moved its 1 adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO, 11000, THE ZONING BOARD DENIED THE APPEAL BY AMANDA L. QUIRKE, ESQUIRE, ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, ' LLC, THEREBY APPROVING THE ZONING ADMINISTRATOR INTERPRETATION DATED FEBRUARY 19, 2009, REGARDING A .PROVISION CONTAINED IN ARTICLE 10 OF THE ZONING ORDINANCE NO. 11000, AS ' AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. ' Upon being seconded by Mr. Charles Garavaglia, the motion was passed and adopted by the following vote: 1 Mr. Bret Berlin Away Mr. Ron Cordon Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Yes (1 Mr. Lazaro Lopez Away Mr. Juvenal A. Pifia Yes Mr. Cornelius Shiver Away Mr. Richard Tapia Yes ' Mr. Angel Urquiola Away Mr. Miguel Gabela No ' AYE: 5 NAY: 1 ABSTENTIONS: 0 NO VOTES: 0 ' ABSENT: 4 L' n Ms. Fernandez: Motion carries 5-1 File ID: 09-00213za I '_ �_ 11�1" A Teresita L. Ferna dez, Executive Secre ary Hearing Boards Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Z.1 J L� Miami Zoning Board Resolution No.: ZB-R-09-0047 Monday, September 14, 2009 STATE OF FLORIDA ) ) SS: COUNTY OF MIAMI-DADE ) Personally .appeared before me, the undersigned authority, -, Clerk of the Zoning Board of the City of Miami, Florida, and acknowledges that she executed the foregoing Resolution for a. Special Exception request. aIN SWORN AND SUBSCRIBED BEFORE ME -THIS � t DAY 017rnber , 2009. 1 �rOl C Print Notary Name Personally know /or Produced I.D. Type and number of I.D. produced Did take an oath or Did not take an oath Noltdry Public State of Florida My Commission Expires: left'NNoter, Puhllc State of Florida Sandra Forgys cE Y CommlOM DD869877 p, Expires 0210912013 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City_ Clerk _ File ID#: 09-00213za Z.1 1 • GTI nF,�� Miami Zoning Board Resolution No.: ZB-R-09-0048 Monday, September 14, 2009 Ms. Ileana Hernandez -Acosta offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ZONING ORDINANCE NO, 11000, THE ZONING BOARD DENIED THE APPEAL BY AMANDA L. QUIRKS, ESQUIRE, ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, THEREBY APPROVING THE ZONING ADMINISTRATOR INTERPRETATION DATED MAY 20, 2009, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF THE ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. Upon being seconded by Mr, Charles Garavaglia, the motion was passed and adopted by the following vote: Mr. Bret Berlin Mr. Ron Cordon Mr. Charles A. Garavaglia Ms. Ileana Hernandez -Acosta Mr. Lazaro Lopez Mr. Juvenal A. Pina Mr. Cornelius Shiver Mr. Richard Tapia Mr. Angel Urquiola Mr. Miguel Gabela AYE: NAY: ABSTENTIONS NO VOTES: ABSENT: Ms. Fernandez: Motion carries 4-2 Away No Yes Yes Away Yes Away Yes Away No 4 2 0 0 4 Teresita L. Ferna dez, Executive SeGEWAry Hearing Boards File ID: 09-00616za Z.2 U s _ + 0 Y 3o aiv a c l;= v d 0 ? u G _ C 0 0 c4 Y 1P u � N � E o a a 0 E U v Ln y : 1 TEW ° CARDENAS LLP MS,iAG���l:,�L}jl WABSINC,TON DO hi 1 N'RlTex`SnIRiiC1'4.INF: 305.5.36.8420 r•..�7Att.:.snr, r�trwlo\v.�m 1 ' VIA,. HAND D£LWERY ' .Ana Gelabert Planning Director 444 SW 2nd Avenue ' 3A Floor Miami, Florida 33130 FOUR SEASONS TOWER '{ 15TH FLOOR 1441 BRICKELLAVENUE MIA. 11,FLORIDA 331 31-5407 T 305.536.1112 F 305.536.1116 \1rN1A1.TMVLAW. CO M June 17, 2009 I Re: Notification of YWo Year Extension of Tame/Renewal of Permit Pursuant to Section 14, Senate Bill 360 ' Dear Ms. Gelabert This law firm represents Outlook Media of South Florida, LLC ("Outlook"). As you may 'be aware, Section 14 of SB 360 provides that any local government issued development order or ( building permit that has an expiration date of September 1, 2008 through January 1, 2012, is extended and renewed for a .period of 2 years following its date of expiration, In accordance ' with Section 4.(c) of the Settlement Agreement between CBS Outdoor, Inc. and the City of Miami (attached), "[i]f an FDOT permit is not issued within 280 days of the City's signature, the City's approval will become null and void for that particular application." FDOT also takes the ' position that the local government permission on FDOT Form 575-070-04 must be issued within 180 days of application to FDOT for an FDOT tag for a sign location. ' On behalf of Outlook, pursuant to Section 14 of Senate Bill 360, please accept this letter as notification that Outlook is extending the local government permission provided on FDOT Fonn .5 75-070-04, for the following locations; Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson _city Clerk Alia Gelabert June 17, 2009 Page 2 of 2 SITE Folio Number Local Government Permission FDOT 180 Day Expiration 2Year* . Extension of FDOT 180 Day Expiration ... Original 280 Day Expiration _.. 2year extension of City of Miami Expiration Bakehouse 01-3125-020-0630 05/12/08 11/08/08 11/06/10 02/15/09 02/16/11 Contemporary Contractors 01-3124-003-1440 05/12/08 11/08/08_ 11/08/10 02/16/09 02/16/11 GT Used Trucks 01-3125-035-0360 05/12/08 11/08/08 11/08/10 02/16/09 02/16/11 Can Partners 01-4137-036-0020 05/22/OB 11/18/08 11/18/10 02/26/09 02/26/11 Elks Lodge 01=3124-001-0340 05/22/08 11/18/08 11/18/10 02/26/09 02/26/11 Mary Mays 01-3136-036-0020 06/09/08 12/06/08 12/06/10 03/16/09 03/16/11 Sevennlne 01-4138-001-2070 1 06/26/08 1 12/23/08 12/23/10 04/02/0904/02111 Gibson Park 01-3136-058-0010 07/01/08 12/28/08 12/28/10 04/07/09 04/07/1 T This 2 year extension notification applies to extend both the FDOT 180 Day Expiration, as well as the 280 Day Expiration set forth in the CBS Settlement Agreement. Therefore, the expiration date for the aforementioned sign locations is extended until the dates listed in the columns entitled "2 Year .Extension of FDOT 180 Day Expiration" and "2 year extension of City of Miami Expiration." A copy of the FDOT Form 575-070-04 for each of the sign locations is attached for your convenience. If you have any questions or comments please feel free to contact lne at 305-536-8420 or sde@tewlaw.com, !Yours truly, Santiago D. Echemendia, P.A. M Enclosure cc: Lourdes Slazyk Malta J. Chiaro, Esq. 526140.1 _ - --- Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk TEw CAxDFNAs LLP Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131.3407 • 305-536-1112 ��a1 ~-FA WM Submitted into the public record in connection with item PZ.6 on 04-08-10 i Priscilla A. Thompson _ City Clerk 3 ' TEW ° CARDENAS LLP FOUR SEASONS TOWER . A T T O R N E Y S A T L A W 15TH FLOOR 1441 BRICKELLAVENUE MIAMI • TALLAHA9SBH • WABHINOTON DC MIAMI, FLORIDA 33131-3407 AMANI).AL. QvIRKE T 305.536.1112 ' WPjTEk,S DIRECT I -LVE: 305.536.8:16 F 305,536.1116 E-NUUL: AQ@,tew1aw.com W W W.TEW LAW. C OM 1 ' May 22, 2009 Ms. Teresita Fernandez City of Miami Clerk of the Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33130-191C Re: Appeal of May 20, 2009 Zoning Administrator Determination Dear Ms. Fernandez: 1 In accordance with Article 18 of the City zoning code, please consider this a Notice of Appeal of the Zoning Administrator's determination dated May 20, 2009 (the 1 "May 20 Determination," attached as Exhibit A) which certifies that the proposed outdoor advertising sign located on Miami Dade County Folio # 01-0110-090-1070 (the "Lummus Sign") is "in compliance with all duly adopted local ordinances and has been or 1 will be issued the necessary permits." This application was improperly authorized by the zoning administrator, because there is a pending appeal on the denial of the renewal of the local government approval for an outdoor advertising sign within 1500 feet of the Lummus Sign. On May 22, 2008, the City of Miami gave local government permission on FDOT 1 Form 575-070-04 (attached as -Exlubit B) to Outlook Media of South Florida LLC ("Outlook") for an outdoor advertising sign located on Miami Dade County Folio 01- 4137-036-0020 (the "CanPartners Sign"). On February 13, 2009, Outlook submitted a 1 request for the renewal of the local government permission for the CanPartners Sign, as well as several other locations previously approved by the City (the "Renewal Locations"). Outlook submitted a revised request on February 18, 2009 (the "February 1 18 Request," attached as Exhibit C), to clarify that the Renewal Locations, including, but not limited to the CanPartners Sign, were requested on behalf of CBS Outdoor, Inc. ("CBS"). On February 19, 2009, the Zoning Administrator denied the February 18 Request, and Outlook appealed to the zoning board in accordance with Article 18 of the City ' Zoning Code (the "February 24 Appeal," attached as Exhibit D). The February 24 Appeal remains pending as of this date. In accordance with Section 1803 of the City Zoning Code, "[a]n appeal stays all proceedings in furtherance of the action appealed ' ( Submitted into the public record in connection with item PZ.6 on 04-08-10 '1 Priscilla A. Thompson City Clerk Ms. Teresita Fernandez City of Miami Clerk of Hearing Boards May 22 2009 Page 2of2 1 from." Therefore, since Section 926.15.2.1(a) requires that all outdoor advertising signs shall be spaced a minimum of fifteen hundred (1500) feet from another such advertising structure on the same side of a limited access highway including expressways facing in 1 the same direction, no outdoor advertising sign can be approved by the City within 1500 feet of the CanPartners Sign (or any of the other Renewal Locations) while the February 24 Appeal remains pending. 1 For these reasons, Outlook hereby appeals the May 20 Determination granting local government permission for the Lummus Sign. The Lummus Sign is not "in compliance with all duly adopted local ordinances" because it is located within 1500 feet of the CanPaitners Sign, which is the subject of a pending appeal. J 1 L A- ALQ: Enclosure cc: Santiago D. Echemendia, Esq. Joe Little Glenn Smith, Esq. Harkley Thornton ( Submitted into the public record in connection with i item PZ.6 on 04-08-10 Priscilla A. Thompson 11 City Clerk TEw CARDENAS LLP Four Seasons Tower, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 • 305-536-1112 n n 0 1 M b Q 1 a 4 U CC � D a O 1 a O F 0 1 a w 1 O .wa WU a I - H - I i Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk M D RIECEIVED JUL 1 7 2008 FLORIDA DEPARTMENT OF TRANSPORTATION ' fOGFff IT Or OF WAY ow -1WZ RE WmoWS Application for outdooriadvertising sign permit To be completed by applicant: Name of Applicant or Company: G SS 1 we - slgn is ❑ 4*16ting 1P proposed ; County:& I A"I - 17,4 PE Munidpality, it applicable: 6.1%2F �t rA►y / Highway Name 8 Number. S 1ri4715 It fdR 9 Sign location description: W07 Section: Parcel IDS Range: l - To be completed by appropriate zoning official: Designation of parcel onthe Future Land Use Map: ' The alienable land uses under this design$ti are (list ali): Current zoning of parcel {from Land Development Rggulations): The allowable land uses under this designation are (iist all : Ot F ICS i NOTE: Copies of the applicable pages of the land use documerds may be submitted In lieu of listing all allowable uses above. Is location within city �Cmits:Yes 0 No If yes, name of racy: e- / 1y etc l ey r fI Please provide the name and telephone number of the person the Department may contact if additional information is requited: Name: t11_0r_J rd eS 61a Z,1WA Telephone#: ' 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 authorized to sign this form on behalf of the r countylmuni p6med above: Sig L4ovemme, : _ .., ' - bate LorJr.G�� cCrZ�cO/L' �ortrvi!� A2�mrnis7lY6t Printed Name and Title ' NOTE: Form must be completed not more than six v) months prior to receipt of the completed outdoor advertising permit application by the Department Kcal Government PerinlWon: Please complete the items below. You may submit another form of written statement Indicating that the sign complies with all local govemmental requirements. For a proposed sign location, a copy of the buildrng pemfd issued by the local government maybe submated. The outdoor advertisriing sign identified in this application: ' Is in compliance with all duty adopted local ordinances and has been or will be issued the necessary permits. is not in compliance with local ordinances, but is legally existing as a non -conforming sign. []Is not in compliance with local ordinances and iskvould be considered lo be an illegally maintained structure. i certtty that I represent the governmental entity within whose jurisdiction the sign described herein is located and that the ,,dete;VL;'q—d-eS in this section 4 under my delegated authority. Signover,�,;ert cum I- Date Printed Name and Title NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit t application by the Department /_ - --- - - Submitted into the public record in connection with ' item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 1 1 1 %a Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 1 February 19, 2009 1 Amanda L. Quirke 1 Tow Cardenas, LLP Four Seasans Tower, ! Miami, Florida 33331 1 Re., Renewal pear Ms. Quirke: I am in retialpt again, as modified, d am Informing you tha authorized. 1 1 1 1 Ct; 1 e 1 1 D as (ff"tvof ,tax I�►•nRc,� ca, hNDEZ„ P G. f; If ,ager Srn jo or f vIdoor Advertlsing Appllcatlons of a fasted letter with backup from your office dated February 19, 2009and' .d sled February 18, 2009 requesting renewal of aertaln outdoor advartlslttg.alg°t t, per rhe attachmd letters from C95, end their representativas, the request Sincerely, O)udes Slazyk --4*�-- Zoning Administrator Orlontic Toledo, SNnkrr I11rectar of Planning, Dunding and zoning Warren sinner, Assistant City Attorney Varonrt;a Xlques, Aasistsat Chy Attorney Pieterfiockweg, Assistant to Senior Director of Planning, aullding and Zoning Submitted into the public record in connection with item LZ --.6 on 04-08-10 Priscilla A. Thompson City Clerk OHIARTMnvT c V IOr•iNc', ... ... .... ... - .1.11 'Y.I ....... {... , 11% r.1 A I r.1 d N h 0" Q U Y Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson ` City Clerk L' L C a TEW ° CARDENAS LLP A 7 T O R Al R Y S A T L A W IATAUX - TALLAHA6886 - WABRINOTON Da AMANDA QUIRKE WR17rsR's DLnr 7 LLYR; 305,536616 E-MAIL: AQt@t0W1AW-WM February 18, 2009 VIA FACSMLE Ms. Lourdes Slazyk Assistant Director Planning and Zoning Department City of Miami 444 SW 2"d Avenue Miami, Florida 33130 FOURSU ONSTOWER ISTH FLOOR 1441 HIi10KELL AVENUE WWI, FLORIDAS3191-3407 T 306.836.1112 F 305,536.1116 WWW,78WIAW.00M Re: Renewal of Outdoor Advertising Applications- Revised Request Dear Lourdes: In accordance with the request of CBS, please accept this revised request for the renewal of the outdoor advertising applications, originally submitted on February 13, 2009. This revised request is a clarification that Outlook is requesting the renewal of the approval of the following applications on behalf of CBS, As you are aware, under Section 4(c) of the CSS Settlement agreement with the City of Miami, the City's approval of a location becomes null and void if ars FDOT permit is not issued within 280 days of the City's signature on FDOT Form 575-070-04. In. addition, FDOT requires local government approval within 6 months of the application 1 to FDOT. Therefore, Outlook Media of South Florida, on behalf of CBS, is requesting the renewal of the approval of the City of Miami for the following locations: Bakehouse Contemporary Contractors GT Used Trucks 1 Brickell Village Land Elks Lodge Sevennine CanPartners Realty Gibson Park Mary Mays 1 The Little Old Real Estate Tanaka t Submitted into the public record in connection with item PZ.6 on 04-08-10 1 Priscilla A. Thompson City Clerk Lourdes Slazyk February 18, 2009 Page 2 of 2 Applications are attached for each one of the aforementioned locations. Please stamp the attached applications received today, and advise when we can pick up the stamped, received copies for our files, Thank you for your assistance. cc: Glenn Smith. Warren Bittner Harkley Thornton Santiago D. Echemendia 520242.1 Sincerely, Amanda L, Quirke Submitted into the public record in connection with item PZ -6 on 04-08.10 Priscilla A. Thompson City Clerk TEw GARDEN TLP Four Seasons Towor, 15th Floor, 1441 Brickell Mune, Mimi, Florida 33131-3407.305-536.1112 Ma 0 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1CA� p ,.r�r�'► . FLORIDA DEPARTMENT OF TRANSPORTATION RIGHT OF AY •--�• occ-tauoa 1 RE: Application for outdoor advertising sign permit To be completed by appllcanC 1 Name of Applicant or Company: outlook Media of South y1or cla LLS Sign is: ❑ existing )Q proposed County: Miami -Dane Municipality, If applicable: --City of Miami ' Highway Name & Number. 1-95 ,Sign location description: SE corner of W. F ra5.ler & SW N. River Drive (328-334 Flagler) Section: Township: Range: 1 ParceiiD#: 01-4137-036-0020 To be completed by appropriate zoning official: J ' Designation of parcel on the Future Land Use Map: � P S l r, ti ayt2nvA:U� The allowable land uses under this designation are (list all ' current zoning of pares! (from Land Development Regulations): �' f The allowable land uses under this designation are (list alo: 0 aC.{7 air ' Printed Name and We .1 V NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit ,application by the Department, 1 U L C 0 Y CL 4l CL c E v o Wy O s 4- D 0 o H U 0 0 ro a N C 'U N � -a d i 0 E a in v 41 NOTE: Copies of the applicable pages of the land use documents may be submitted In lieu of listing all allowable uses above. 1 Is locatlon within city limits: &Yes ❑ No If yes, name of city: f f Q, i' l Please provide the name and telephone number of the person the Department may contact If additional Informadon Is required: ' ' / Name: L DU('•1 les <) !4 Zak Telephone N: 3 QLr W 6 q l 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 1133, Florida Statutes, and that I am authorized to sign this form on behalf of the county/municipality narqqd above: 1 $� �.;L O Signature of Deal emrnent Official We �,, o uy'c;! e 5 �S�CtT, s�fG � r� r s f ►"rx-�"+�r'' ' e P me ame-' enc Title NOTE: Form must be completed not more than six (6) months prior to recelpt of the -completed outdoor advertising permit ' application by the Department. Local Government Permission: Please complete the Items below. You may submit another form of written statement Indicating that the sign complies with all local governmental requirements, For a proposed sign location, a copy of the building permit issued by the local government may be submitted, ' The outdoor advertising sign identified in this application: �Is In compliance with all duly adopted local ordinances and has been or will be issued the necessary permits, is not In compliance with local ordinances, but Is legally existing as a non -conforming sign, ❑Is not in compliance with local ordinances and IsAvould be considered to be an Illegally maintained structure. I certify that I represent the governmental entity within whose jurisdiction the sign described herein Is located and that the determinatbre ed In this sectlon Is);riads under my delegated authority, 0 1 Signatuge of ow O c Date ' Printed Name and We .1 V NOTE: Form must be completed not more than six (6) months prior to receipt of the completed outdoor advertising permit ,application by the Department, 1 U L C 0 Y CL 4l CL c E v o Wy O s 4- D 0 o H U 0 0 ro a N C 'U N � -a d i 0 E a in v 41 i C' 11 r 1 a M a V 00 h a v r Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk N City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, May 11, 2009 7:00 PM Miami City Hall Zoning Board Mr. Juvenal Pins, Chairperson Mr. Charles Garavaglia, Vice Chair Mr. Ron Cordon, Member Mr. Angel Urquiola, Member Mr. Bret Berlin, Member Mr. Cornelius Shiver, Member Ms. Heana Hemandez-Acosta, Member Mr. Lazaro J. Lopez, Member Mr. Richard Tapia, Alternate Member Submitted into the public record in connection with item PZ.6 on 04-08-10 I Priscilla A. Thompson `,_ _ _ _ _ _ _ _ _ City Clerk Zoning Board Meeting Minutes Present: Member Urquiola, Vice Chairperson Garavaglia, Member Hernandez -Acosta, Chairperson Pina, Member Lopez, Alternate Member Tapia, Member Cordon and Member Shiver Absent: Member Berlin INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL APPROVAL OF MINUTES SWEARING IN OF PUBLIC AGENDA ITEMS (RESOLUTIONS) May 11, 2009 j Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk City of Miami Page 2 Primed on 5/14/2009 Zoning Board Meeting Minutes May 11, 2009 Z.1 09-00213za ZB RESOLUTION A RESOLUTION OF THE MIAMI ZONING BOARD DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, ESQUIRE, ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, OF THE ZONING ADMINISTRATOR INTERPRETATION DATED FEBRUARY 19, 2009, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDINGS: OFFICE OF ZONING: Recommended denial of appeal and uphold Zoning Administrator interpretation. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00213za Appeal Letter.pdf 09-00213za Supporting Docs.pdf 09-00213za ZB 04-13-09 Fact Sheet.pdf 09-00213za ZB 05-11-09 Fact Sheet.pdf INDEFINITELY DEFERRED City of Miami Page 3 Submitted into the public record in connection with i item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Printed on 5//4/2009 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, June 8, 2009 7:00 PM Miami City Hall Zoning Board Mr. Juvenal Pina, Chairperson Mr. Charles Garavaglia, Vice Chair Mr. Ron Cordon, Member Mr. Angel Urquiola, Member Mr. Bret Berlin, Member Mr. Cornelius Shiver, Member Ms. Ileana Hernandez -Acosta, Member Mr. Lazaro J. Lopez, Member Mr. Miguel Gabela, Member Mr. Richard Tapia, Alternate Member 5ubmittea into the puonc record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk I Zoning Board Meeting Minutes June 8, 2009 1 Z.1 09-00213za ZB RESOLUTION A RESOLUTION OF THE MIAMI ZONING BOARD DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, ESQUIRE, ON BEHALF OF 1 OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, OF THE ZONING ADMINISTRATOR INTERPRETATION DATED FEBRUARY 19, 2009, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ' ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of ' South Florida, LLC FINDINGS: 1 OFFICE OF ZONING: Recommended denial of appeal and uphold Zoning Administrator interpretation. ' PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00213za Appeal Letter.pdf ' 09-00213za Supporting Docs.pdf 09-00213za ZB 04-13-09 Fact Sheet.pdf 09-00213za ZB 05-11-09 Fact Sheet.pdf 09-00213za ZB 06-08-09 Fact Sheet.pdf ' Motion by Vice Chairperson Garavaglia, seconded by Member Shiver, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Member Miguel A. Gabela, Vice Chairperson Charles Garavaglia, Member Lazaro J. Lopez, Member Ron Cordon and Member Cornelius Shiver Noes: 2 - Chairperson Juvenal Pina and Alternate Member Richard Tapia Absent: 3 - Member Angel Urquiola, Member Ileana Hernandez -Acosta and Member Bret Berlin ' CONTINUED TO SEPTEMBER 14, 2009 7 i submitted into the public ' I record in connection with Item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 City oJMiami Page 3 Primed on 6/9/2009 1 Zoning Board Z.2 09-00616za ZB RESOLUTION City ojMiami Meeting Minutes June 8, 2009 A RESOLUTION OF THE MIAMI ZONING BOARD DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, ESQUIRE, ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, OF THE ZONING ADMINISTRATOR INTERPRETA-TION DATED MAY 20, 2009, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDINGS: OFFICE OF ZONING: Recommended denial of appeal and uphold Zoning Administrator interpretation. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00616za Appeal Letter.pdf 09-00616za Supporting Docs.pdf 09-00616za ZB 06-08-09 Fact Sheet.pdf Motion by Vice Chairperson Garavaglia, seconded by Member Shiver, that this matter be CONTINUED PASSED by the following vote. Votes: Ayes: 5 - Member Miguel A. Gabela, Vice Chairperson Charles Garavaglia, Member Lazaro J. Lopez, Member Ron Cordon and Member Cornelius Shiver Noes: 2 - Chairperson Juvenal Pina and Alternate Member Richard Tapia Absent: 3 - Member Angel Urquiola, Member Ileana Hernandez -Acosta and Member Bret Berlin CONTINUED TO SEPTEMBER 14, 2009 Page 4 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Printed on 619/1009 City of Miami City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Meeting Minutes Monday, September 14, 2009 7:00 PM Miami City Hall Zoning Board Mr. Juvenal Pina, Chairperson Mr. Charles Geraveglia, Vice Chair Mr. Ron Cordon, Member Mr. Angel Urquiole, Member Mr. Bret Berlin, Member Mr. Cornelius Shiver, Member Ms. lleana Hernandez -Acosta, Member Mr. Lazaro J. Lopez, Member Mr. Miguel Gabela, Member Mr. Richard Tapia, Alternate Member j Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. 'Thompson City Clerk 1 Zoning Board Meeting Minutes September 14, 2009 1 Z.1 09-00213za ZB RESOLUTION A RESOLUTION OF THE MIAMI ZONING BOARD DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, ESQUIRE, ON BEHALF OF OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, OF THE ZONING ADMINISTRATOR INTERPRETATION DATED FEBRUARY 19, 2009, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of South Florida, LLC FINDING(S): OFFICE OF ZONING: Recommended denial of appeal and uphold Zoning Administrator interpretation. ' PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00213za Appeal Letter.pdf 1 09-00213za Supporting Docs.pdf 09-00213za ZB 04-13-09 Fact Sheet.pdf 09-00213za ZB 05-11-09 Fact Sheet.pdf 09-00213za ZB 06-08-09 Fact Sheet.pdf 09-00213za ZB 09-14-09 Fact Sheet.pdf Motion by Member Hemandez-Acosta, seconded by Vice Chairperson Garavaglia, that this 1 matter be DENIED BY THE ZONING BOARD, PASSED by the following vote. Votes: Ayes: 5 - Vice Chairperson Charles Garavaglia, Member Ron Cordon, Member Ileana Hernandez -Acosta, Chairperson Juvenal Pina and Alternate Member Richard Tapia Noes: I - Member Miguel A. Gabela 1 Absent: 4 - Member Angel Urquiola, Member Lazaro J. Lopez, Member Cornelius Shiver and Member Bret Berlin ' ZB-R-09-0047 Submitted into the public record in connection with ' item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk City of Miami Page 3 Printed on 9115/1009 1 I Zoning Board Meeting Minutes September 14, 2009 ' Z.2 09-00616za ZB RESOLUTION A RESOLUTION OF THE MIAMI ZONING BOARD DENYING OR GRANTING THE APPEAL BY AMANDA L. QUIRKE, ESQUIRE, ON BEHALF OF ' OUTLOOK MEDIA OF SOUTH FLORIDA, LLC, OF THE ZONING ADMINISTRATOR INTERPRETATION DATED MAY 20, 2009, REGARDING A PROVISION CONTAINED IN ARTICLE 10 OF ZONING ORDINANCE NO. 1 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA. APPELLANT(S): Amanda L. Quirke, Esquire, on behalf of Outlook Media of 1 South Florida, LLC FINDING(S): 1 OFFICE OF ZONING: Recommended denial of appeal and uphold Zoning Administrator interpretation. PURPOSE: The approval of this appeal may result in the reversal of a zoning interpretation. 09-00616za Appeal Letter.pdf 1 09-00616za Supporting Docs.pdf 09-00616za ZB 06-08-09 Fact Sheet.pdf 09-00616za ZB 09-14-09 Fact Sheet.pdf 1 Motion by Member Hernandez -Acosta, seconded by Vice Chairperson Garavaglia, that this matter be DENIED BY THE ZONING BOARD, PASSED by the following vote. Votes: Ayes: 4 - Vice Chairperson Charles Garavaglia, Member lleana Hernandez -Acosta, Chairperson Juvenal Pina and Alternate Member Richard Tapia 1 Noes: 2 - Member Miguel A. Gabela and Member Ron Cordon Absent: 4 - Member Angel Urquiola, Member Lazaro J. Lopez, Member Cornelius Shiver and Member Bret Berlin 1 ZB-R-09-0048 1 1 1 I Submitted into the public 1 record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson 1 City Clerk City ofmiami Page 4 Printed on 911511009 1 0 n r u t C r_ C L L l�E W 0. I Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk M 0 F.J ZONING § 1804 ~ ARTICLE 18. APPEALS FROM DECISIONS OF ZONING ADMINISTRATOR AND DIRECTOR OF THE DEPARTMENT OF PLANNING, BUILDING AND ZONING . ®' Sec. 1800. Generally. 1 — Appeals to the zoning board may be taken by any person aggrieved or by any officer, board, or agency of the city affected by: _ (1) Any decision of the zoning administrator including, but not limited to, decisions 1� involving interpretation of this zoning ordinance and decisions on Class I Special Permits; or i (2) Any decision of the director of the department of planning, building and zoning including, but not limited to, decisions involving CIass II Special Permits. Sec. 1801. Status of administrative. decision; time limits on appeal; filing of appeal. I] Decisions of the zoning administrator or the director of the department of planning, — building and zoning shall be deemed final, unless a notice of appeal is filed within not more than fifteen (15) calendar days of the date such decision was rendered. Such notice of appeal, I specifying the grounds thereof, shall be filed with an officer or agent designated by the city manager. Sec. 1802. Transmittal of notice and record, The officer or agent designated by the city manager shall promptly transmit the notice of 1 appeal to the zoning administrator or the director of the department of planning, building and zoning, as the case may be. The officer from whom the appeal is taken shall forthwith transmit to the zoning board all the materials constituting the record upon which the decision appealed from was taken. Sec. 1803. Stay of proceedings. An appeal stays all proceedings in furtherance of the action appealed from, unless the I : officer from whom the appeal is taken certifies to the zoning board, after the officer has received the notice of appeal, that, by reasons of facts stated by such officer, a stay would, in the officer's opinion, cause imminent peril to life and property. In such case, proceedings shall not be stayed otherwise than by a restraining order issued by the zoning board or by a court of competent ,jurisdiction, on notice to the officer from whom the appeal is taken and on due cause shown. IJ - See. 1804. Setting hearing dates; notice. _. The officer or agent designated by the city manager shall set a date for the hearing of the l appeal, which shall not be more than forty-five (45) calendar days from the date the notice of appeal was filed; provided, the time limitation herein set out shall not apply during the thirty-one (3 1) days of the month of August. Notice of such date shall be given to the appellant _ by certified mail. Notice by mail at least fifteen (15) calendar days in advance of the hearing 567 Submitted into the public record in connection with - !item PZ.6 on 04-08-10 L Priscilla A. Thompson City Clerk Statutes & Constitution :View Statutes :->2009->Ch0479->Section 07 : Online Sunshine Page 2 of 5 Applications received after the end of the third quarter of the permit year must include fees for the last quarter of the current year and fees for the succeeding year. I (4) An application for a permit shall be acted on by the department within 30 days after receipt of the application by the department. (5)(a) For each permit issued, the department shall furnish to the applicant a serially numbered M Je c "permanent metal permit tag. The permittee is responsible for maintaining a valid permit tag on each .3 o CSL a, permitted sign facing at all times. The tag shall be securely attached to the sign facing or, if there is no = °�0 c facing, on the pole nearest the highway; and it shall be attached in such a manner as to be plainly o o I—U visible from the main -traveled way. Effective July 1, 2012, the tag must be securely attached to the o o lupper 50 percent of the pole nearest the highway and must be attached in such a manner as to be —15,j d E i° ' 1 plainly visible from the main -traveled way. The permit becomes void unless the permit tag is properly £ ° al a and permanently displayed at the permitted site within 30 days after the date of permit issuance. If the= u E a, W permittee fails to erect a completed sign on the permitted site within 270 days after the date on which the permit was issued, the permit will be void, and the department may not issue a new permit to that permittee for the same location for 270 days after the date on which the permit became void. (b) If a permit tag is lost, stolen, or destroyed, the permittee to whom the tag was issued must apply to the department for a replacement tag. The department shall adopt a rule establishing a service fee for replacement tags in an amount that will recover the actual cost of providing the replacement tag. Upon receipt of the application accompanied by the service fee, the department shall issue a replacement permit tag. Alternatively, the permittee may provide its own replacement tag pursuant to department I specifications that the department shall adopt by rule at the time it establishes the service fee for is replacement tags. (6) A permit is valid only for the location specified in the permit. Valid permits may be transferred from one sign owner to another upon written acknowledgment from the current permittee and submittal of a transfer fee of $5 for each permit to be transferred. However, the maximum transfer fee for any multiple transfer between two outdoor advertisers in a single transaction is $100. (7) A permittee shall at all times maintain the permission of the owner or other person in lawful control of the sign site to have and maintain a sign at such site. (8)(a) In order to reduce peak workloads, the department may adopt rules providing for staggered expiration dates for licenses and permits. Unless otherwise provided for by rule, all licenses and permits expire annually on January 15. All license and permit renewal fees are required to be submitted to the department by no later than the expiration date'. At least 105 days prior to the expiration date of licenses and permits, the department shall send to each permittee a notice of fees due for all licenses and permits which were issued to him or her prior to the date of the notice. Such notice shall list the permits and the permit fees due for each sign facing. The permittee shall, no later than 45 days prior to the expiration date, advise the department of any additions, deletions, or errors contained in the notice. Permit tags which are not renewed shall be returned to the department for cancellation by the expiration date. Permits which are not renewed or are canceled shall be certified in writing at that time IJ http://www.leg.state.fl.us/STATUTES/index.cfin?App_mode=Display_Statute&Search_St... 3/24/2010 Statutes & Constitution :View Statutes :->2009->Ch0479->Section 07 : Online Sunshine Page 4 of 5 1 The minimum spacing provided in this paragraph does not preclude the permitting of V -type, back-to- back, side-to-side, stacked, or double-faced signs at the permitted sign site. If a sign is visible from the 1 controlled area of more than one highway subject to the jurisdiction of the department, the sign shall meet the permitting requirements of, and, if the sign meets the applicable permitting requirements, be ' permitted to, the highway having the more stringent permitting requirements. (b) A permit shall not be granted for a sign pursuant to this chapter to locate such sign on any portion ' of the interstate or federal -aid primary highway system, which sign: 1. Exceeds 50 feet in sign structure height above the crown of the main -traveled way, if outside an incorporated area; ' u t 4' c Y 3 2. Exceeds 65 feet in sign structure height above the crown of the main -traveled way, if inside an a c 0 E u ' O incorporated area; or 4� ' CO I s , O 0,oF-u c Q c 3. Exceeds 950 square feet of sign facing including all embellishments. :o $ c o (c) Notwithstanding subparagraph (a)1., there is established a pilot program in Orange, Hillsborough, 0 E a and Osceola Counties, and within the boundaries of the City of Miami, under which the distance 4_ ' between permitted signs on the same side of an interstate highway may be reduced to 1,000 feet if all other requirements of this chapter are met and if: ' 1. The local government has adopted a plan, program, resolution, ordinance, or other policy encouraging the voluntary removal of signs in a downtown, historic, redevelopment, infill, or other designated area which also provides for a new or replacement sign to be erected on an interstate highway within that jurisdiction if a sign in the designated area is removed; 1 2. The sign owner and the local government mutually agree to the terms of the removal and replacement; and 1 3. The local government notifies the department of its intention to allow such removal and replacement as agreed upon pursuant to subparagraph 2. 1 The department shall maintain statistics tracking the use of the provisions of this pilot program based on 1 the notifications received by the department from local governments under this paragraph. (d) This subsection does not cause a sign that was conforming on October 1, 1984, to become anonconforming. (10) Commercial or industrial zoning which is not comprehensively enacted or which is enacted ' primarily to permit signs shall not be recognized as commercial or industrial zoning for purposes of this provision, and permits shall not be issued for signs in such areas. The department shall adopt rules within 180 days after this act takes effect which shall provide criteria to determine whether such zoning 1 1 http://www.leg.state.fl.us/STATUTES/index.cfin?App_mode=Display_Statute&Search_St... 3/24/2010 Statutes & Constitution :View Statutes :->2009->Ch0479->Section 07 : Online Sunshine Page 5 of 5 is comprehensively enacted or enacted primarily to permit signs. History. --s. 6, ch. 20446, 1941; s. 7, ch. 22858, 1945; s. 1, ch. 61-151; s. 2, ch. 63-237; s. 5, ch. 67-461; ss. 23, 35, ch. 69-106; s. 427, ch. 71-136; s. 1, ch. 74-80; s. 3, ch. 76-168; s. 1, ch. 77-457; s. 2, ch. 78- 138; ss. 2, 3, ch. 81-318; ss. 7, 25, 26, ch. 84-227; s. 74, ch. 85-81; s. 4, ch. 91-429; s. 51, ch. 93-164; s. 38, ch. 94-237; s. 63, ch. 95-257; s. 2, ch. 96-201; s. 1120, ch. 97-103; s. 38, ch. 99-385; s. 7, ch. 2007- 66; s. 22, ch. 2009-85. Copyright © 1995-2010 The Florida Legislature • Privacy Statement • Contact Us 'Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk http://www.leg.state.fl.us/STATUTES/index.ef n?App_mode=Display_Statute&Search_St... 3/24/2010 J 0 u I] 6 r r 14-10.004 Permits. (1) An application for a new sign permit is made by completing and submitting an Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 02/09, incorporated herein by reference, to the address listed in subsection 14-10.003(2), F.A.C. Applications may be obtained from the State Outdoor Advertising License and Permit Office. (a) The applicant shall submit separate instruments of payment for each application for a new permit, in order to avoid denial of multiple applications for one application being denied. (b) Prior to issuing any permit, the Department will inspect the proposed sign site to assure compliance with Chapter 479, F.S., and this rule chapter. To ensure that the site inspected is the same specified in the application, the applicant shall mark the proposed sign site in such a manner that the markings are visible from the main -traveled way. The markings shall be displayed from the time of submission of the application, and shall be maintained by the applicant until the Department has approved or denied the application. (c) The Department will act on permit applications in order of the date of receipt of complete applications. 1. An application will be considered complete when all items on the application form have been filled in, all required attachments have been received, and the correct permit fee has been submitted. All information provided on the application by the applicant must be certified as being true and correct. 2. Applications containing incorrect information will be denied. 3. Incomplete permit applications will be returned to the applicant along with any permit fees which were submitted with the application. 4. Completion of, or corrections to, the original submitted document must be initialed by the applicant on the original application. 5. The written statement from the landowner required by Section 479.07(3)(b), F.S., must have been issued to the applicant, or on behalf of the applicant. If a lease document is submitted as the statement from the landowner, the applicant must be the named lessee or the document must be accompanied by a properly executed transfer of the leasehold rights to the applicant. The written statement must: a. Identify the property on which the sign is to be located; b. Indicate that the person authorizing placement of the sign on the property is the owner or the person in lawful control of the property. If the person authorizing placement of the sign is not the owner of the property, the legal status which gives him or her lawful control of the property must be indicated; c. Grant the permission to or on behalf of the applicant; and d. Authorize placement of the sign on the subject property. (d) Complete applications will be either approved or denied within 30 calendar days of receipt by the Department, unless an earlier application for that site or a competing site is under review, or the application falls within paragraph (g) or (h), below. If denied, the application will remain in a pending status until the time to request an administrative hearing has elapsed. If a hearing is requested, the application shall remain in a pending status until time to request an appeal of a final order has elapsed. If an appeal is taken, the application will remain in a pending status until mandate is issued by the appellate court. Subsequent applications for competing sites shall be held without action until the pending status of the earlier application is resolved. (e) If an application is approved, all subsequently received applications for competing sites shall be denied. (f) For purposes of paragraph (c), above, when a valid permit is being conditionally canceled pursuant to subsection 14- 10.004(9), F.A.C., the Outdoor Advertising Permit Cancellation Certification, Form 575-070-12, Rev. 10/06, incorporated herein by reference, and Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 02/09, must be submitted simultaneously to the Department. Form 575-070-12 may be obtained from the address listed in subsection 14-10.003(2), F.A.C. The date the Department receives the cancellation and complete application documents shall be considered the date the application is received. (g) When a permit application is received for a new sign site requiring vegetation management pursuant to Section 479.106, F.S., the permit application will not be considered complete until the applicant has been issued a vegetation management permit by the Department and has removed two nonconforming signs, which the Department has approved as meeting the requirements of Section 479.106(5), F.S. (h) Applications for permits for locations which conflict with the location of an expired or canceled permit will not be processed until the sign for which the expired or canceled permit was issued is removed, unless a permit is being canceled as a condition for issuance of a new permit. (i) A permit shall not be issued to an applicant for a location at which unpermitted cutting, removal, or trimming of vegetation has occurred until such time as payment of the administrative penalty and mitigation required by Rule 14-40.030, F.A.C., and Section Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk n H LI 7 479.106(7), F.S., have been accomplished and the applicant has identified two nonconforming signs for surrender in accordance with Section 479.106(5), F.S.. (2) A permit shall be granted for an automatic changeable facing provided: (a) The static display time for each message is a minimum of six seconds; (b) The time to completely change from one message to the next is a maximum of two seconds; (c) The change of message occurs simultaneously for the entire sign face; and (d) The application meets all other permitting requirements. Any such sign shall contain a default design that will hold the face of the sign in one position if a malfunction occurs. (3) Notwithstanding any other provisions of this rule chapter, an outdoor advertising sign existing at a location which previously was not subject to the permitting requirements of this chapter, but which has become subject to the requirements of this chapter due to changes in the jurisdictional designation of highways, shall be granted a state permit in accordance with the process outlined below: (a) The Department shall conduct an inventory of outdoor advertising signs on the highway section subject to jurisdictional change and, within 60 calendar days of the effective date of the proposed change, advise all affected sign owners and local governments that the change is being considered, the regulatory effect of the change, and when the change may become effective. (b) Upon approval of the jurisdictional change, the Department will provide a second notice to sign owners and local governments advising that the change in jurisdiction has become effective and that sign owners have 30 calendar days from receipt of the second notice to submit an application for a sign permit. (c) When the Department is unable to provide the advance notice referenced in paragraph (a), above, the Department will advise the affected sign owners that they have 90 calendar days from receipt of the notice that the change in jurisdiction has become effective to submit an application for a sign permit. (d) The Department shall issue an Outdoor Advertising Permit, Form 575-070-30, Rev. 07/01, to the sign owner upon receipt of a complete Application for Outdoor Advertising Permit, Form 575-070-04, Rev. 02/09, together with all items required by Section 479.07(3)(b), F.S. For existing signs, the written statement required by Section 479.07(3)(b), F.S., shall be any written document from the appropriate local governmental official indicating compliance with local requirements as of the date of the permit application. A previously issued building permit shall be accepted as the statement from an appropriate local governmental official, except in cases where the local government has provided notice to the sign owner that the sign is illegal or has undertaken action to cause the sign to be removed. When a building permit is submitted as the statement of the local government, the applicant shall certify in writing that the local government has not provided notice that the sign is illegal, and that the local government has taken no action to cause the sign to be removed. (4) When a change in the designation of a highway removes that highway from the Department's regulatory jurisdiction, a notice will be provided" to all owners of outdoor advertising permits on the affected roadway. The notice will advise permit holders of the Department's intent to revoke the permits, and will include a statement of the recipient's right to appeal the Department's action. (5) When a controlled road or any portion of a controlled road is designated as a scenic highway or scenic byway pursuant to Section 335.093, F.S., new permits will not be issued for outdoor advertising signs visible from the portion of the highway designated as a scenic highway or byway. (6) Posting of Tags. The permanent metal permit tag issued by the Department must be posted by the permittee at the sign site within 30 calendar days of issuance, and must remain in place at all times, whether or not a sign has been erected. If a permit tag is lost, stolen, or destroyed, the permittee must apply to the Department for a replacement tag on Outdoor Advertising Permit Tag Replacement Request, Form 575-070-01, Rev. 10/06, incorporated herein by reference, and shall include a replacement fee of $3.00 per tag. Form 575-070-01 may be obtained from the address listed in subsection 14-10.003(2), F.A.C. (7) Transfer of Permits. Authorization to transfer a permit shall be submitted on Outdoor Advertising Permit Transfer Request, Form 575-070-25, Rev. 10/06, incorporated herein by reference, to the State Outdoor Advertising License and Permit Office at the address listed in subsection 14-10.003(2), F.A.C. The request shall be made in accordance with Section 479.07(6), F.S. Form 575- 070-25 may be obtained from the address listed in subsection 14-10.003(2), F.A.C. (a) The transferee shall certify that written permission of the landowner, or other person in lawful control of the sign site, to maintain the sign on the site in accordance with Section 479.07(2), F.S., has been secured. (b) Transfer requests will not be processed without payment of permit fees in the amount necessary to prevent permit expiration, if the transferee and transferor are on different billing cycles. __(c)_If_a transfer of permit is_made when the permit is in violation of Chapter 479, F.S., or in violation of this rule chapter, or if a Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 revocation proceeding is pending, the permit is subject to conditions existing at the time of transfer. The Department's approval of a permit transfer shall not constitute waiver of rights on the part of the Department, nor shall permit transfer in an way prohibit issuance of notices of violation or preclude the Department from revoking the transferee's permit in accordance with Section 479.08, 1 F.S. (d) If a transfer of permit is made during the initial 270 days from the date of permit issuance, the permit transferee receives the permit subject to all conditions which were applicable to the original applicant. ' (8) Cancellation of Permits. Permit cancellation notification must be submitted to the State Outdoor Advertising License and Permit Office at the address listed in subsection 14-10.003(2), F.A.C., on Outdoor Advertising Permit Cancellation Certification, Form 575-070-12, Rev. 10/06, incorporated herein by reference. All canceled tags must be returned to the Department with the ' certification, or otherwise be accounted for in writing. Pursuant to Section 479.07(8)(b), F.S., if the sign has not been removed by the former permittee, it shall be removed by the Department and the cost assessed against the former permittee. (9) Conditional Permit Cancellation. In instances where an applicant requests cancellation of one permit in order to obtain a new ' permit, the existing permit shall be canceled simultaneously with the issuance of the new permit. If a new permit does not meet current permitting requirements and cannot be issued, the existing permit will not be canceled. (10) Permits Canceled, or Not Renewed, in Error — Petition for Reinstatement. Pursuant to Section 479.07(8)(b), F.S., a petition 1 for reinstatement of permits canceled, or not renewed, in error by the permittee shall be submitted to the State Outdoor Advertising License and Permit Office at the address listed in subsection 14-10.003(2), F.A.C. The petition must be in writing, must list the affected permit(s), and must certify that: (a) The permit was canceled, or not renewed, in error by the permittee; (b) The permit tag for the canceled or expired permit was returned to the Department or otherwise accounted for; (c) The sign has not been disassembled; and (d) The local government has not declared the sign illegal or taken any other action to have it removed. If the Reinstatement Petition is denied by the Department, a new permit may be issued for a sign only if the sign meets all current permitting requirements. The reinstatement fee is $200.00 for a sign facing of 200 square feet or less, and $300.00 for a sign facing greater than 200 square feet. 1(11) Pursuant to the criteria set forth in Section 479.105(1)(e), F.S., the Department may issue a permit for an unpermitted sign, which has been structurally unchanged and continuously maintained for a period of seven or more years. (12) Where the expansion or relocation of a transportation facility causes a sign to be located in the right of way, or within ' fifteen feet of the right of way, and the permit holder desires to relocate the sign to a conforming location perpendicular to the roadway from the site of the existing sign, the Department shall allow the relocation of the permitted sign in conformance with the following: ' (a) The permit holder must submit a completed application for the relocated sign site in accordance with Section 479.07(3), F.S. (b) The Department must determine that the relocated sign site is in conformance with all requirements for permitting. ' Rulemaking Authority 334.044(2), 479.02(7) FS. Law Implemented 215.34, 334.044(28), 339.05, 479.01(/4), 479.02, 479.04, 479.07, 479.106(5), 479.24 FS. History—(Formerly part of Rule 14-10.04, Permits; 14-15.05, Right of Way Bureau Operating Procedures), New 3-28-76, Amended 4- 21-77, 12-10-77, 6-26-78, 12-31-78, 1-1-86, Formerly 14-10.04, Amended 7-7-92, 6-28-98, 8-10-99, 8-19-01, 1-25-04, 3-15-05, 12-3I-06, 4-2- 1 09. D G ' Submitted into the public record in connection with ' item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk P w Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1) Name: CBS Outdoor, Inc. 2) Address: Local: CBS Outdoor, Inc. 2640 N.W. 17th Lane Pompano Beach, Florida 33064 Corporate: CBS Outdoor, Inc. 405 Lexington Avenue New York, New York 1.0174 3) Phone: (954)-971-2995 4) Fax. (954)-972-2913 5) Email Address: Bill Long (bill.lonq@cbsoutdoor.com) Joe Little (loe.little(&-cbsoutdoor.com) Keith Carswell (Keith@carswellgroup.com) 6) Websites: CBS Outdoor (www.cbsoutdoor.com) CBS Corporation (www. cbsco!poration.com) 7) Organizational Chart See Attached as Appendix "B" 8) Resumes and/or Curriculum Vitae of Staff Bill Long, CBS Outdoor South Florida General Manager Mr. Long is a -10 -year veteran in the Out -Of -Home industry. He has been in his current position as General Manager of the CBS South Florida Division since June of 2006. Mr. Long started his out -of -home career in 1999 as a sales executive in the south Florida offices of CBS' predecessor Viacom Outdoor. After 5 years of successful sales experience, Mr. Long worked in the Louisville, KY, market in the same capacity. In March of 2003, Mr. Long was promoted to the General Manager of the Transit Division in Atlanta, GA Mr. Long is currently a member of OAAA as well as a board member of the Miami Beach Chamber of Commerce, board member of Consumer Credit Counseling Services of Florida and board member of the Florida Outdoor Advertising Association. Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Phil Vasquez, CBS Outdoor South Florida Sales Manager Mr. Vasquez is an 14 -year veteran in the Out -Of --Home industry. He has been in his ' current position as Sales Manager of the CBS South Florida Division since Sept of 2006. Mr. Vasquez started his out -of -home career in 1995 as a sales executive in the south Florida offices of Ackerley Communications / AK Media in Miami. After 5 years of successful sales experience, Mr. Vasquez left AK Media to join CBS Outdoor's predecessor Viamom Outdoor. He has held positions of Sales Representative and ' Manager of Latino Sales for the South Florida market Joe Little, CBS Outdoor VP/Real Estate SE Region ' Joe Little has served in various capacities in the outdoor advertising industry since 1974 and is currently CBS Outdoor, Inc. Regional VP/Real Estate with responsibility for managing the company's relations with approximately 8,000 lessors in the southeast, and ' numerous municipal and state governments. Mr. Little has been actively involved in national and state issues regarding outdoor advertising for many years through numerous positions in the industry's largest.trade ' association, the Outdoor Advertising Association of America (OAAA). He as served as past Chairman of OAAA Standards and Technology Committee and currently serves on the OAAA Legislative Committee. In 2005 he was recognized by the OAAA by induction 1 into the Outdoor Advertising Hall of Fame. He was selected in 2006 by the Federal Highway Administration (FHWA) to serve on a National Assessement Panel reviewing federal statutes and regulations regarding outdoor advertising.. Mr. Little serves on the Board of Directors of the Foundation for Outdoor Advertising and Education (FOARE) and the Florida Outdoor Advertising Associations 1Research .(FOAA). He holds two patents related to the outdoor advertising industry. Mr. Little received a BS Aeronautical Engineering from Purdue University. ' Keith Carswell (The Carswell Group, LLC), President and Chief Executive Officer The Carswell Group provides acquisition and development services to community based organizations and. private entities engaged in real estate development Particular emphasis is on the formation of public/private partnerships and leveraging the resources of both parties to maximize utilization of assets. Additional tasks include, but are not ' limited to, publicly speaking before boards of elected officials, community groups and hosting community meetings which are geared towards securing approval and/or support for the proposed project ' Mr. Carswell has previously served as Director of Economic Development.for the City of Miami (2002-2005) and was responsible for initiating public/private partnerships and business development activities in targeted communities. Mr. Carwsell's experience also includes serving as Supervisor 11 in the Department of Site Acquisition and Leasing, Miami -Dade Public Schools (1998-2002). He coordinated activities and negotiated the acquisition of sites for new schools, ancillary facilities; and/or ' expansion of existing schools; lease agreements for the placement of wireless i 1 Submitted into the public Z record in connection with item PZ.6 on 04-08-10 ' Priscilla A. Thompson City Clerk 2 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk School Board of Mlami=Dade County, \ Request for Information No. 095 -JJ 10 Advertising Agencies (Third Party Advertisers) Submitted by CBS Outdoor, Inc. `Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk IL- 1) Name: CBS Outdoor, Inc. 2) Address: Local: CBS Outdoor, Inc. 2640 N.W. 17th Lane Pompano Beach, Florida 33064 Corporate: CBS Outdoor, Inc. 405 Lexington Avenue New York, New York 1.0174 3) Phone: (954)-971-2995. 4) Fax: (954)-972-2913 5) Email Address: Bill Long (bill. lonq@cbsoutdoor.com) Joe Little (ioe.littleCa),cbsoutdoor.com) Keith Carswell (keith@carsweligroup.com) 6) Websites: CBS Outdoor (www. cbsoutdoor.com) CBS Corporation (www.cbscort)orabon.com) 7) Organizational Chart See Attached as Appendix "B" 8) Resumes and/or Curriculum Vitae of Staff Bill Long, CBS Outdoor South Florida General Manager Mr. Long is a. 10 -year veteran in the Out -Of -Home industry. He has been in his current position as General Manager of the CBS South Florida Division since June of 2006. Mr. Long started his out -of -home career in 1999 as a sales executive in the south Florida offices of CBS' predecessor Viacom Outdoor. After 5 years of successful sales experience, Mr. Long worked in the Louisville, KY, market in the same capacity. In March of 2003, Mr. Long was promoted to the General Manager of the Transit Division in Atlanta, GA Mr. Long is currently a member of OAAA as well as a board member of the Miami Beach Chamber of Commerce, board member of Consumer Credit Counseling Services of Florida avid board member of the Florida Outdoor Advertising Association. Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk Phil Vasquez, CBS Outdoor South Florida Sales Manager Mr. Vasquez is an 14 -year veteran in the Out -Of -Home industry. He has been in his 1 current position as Sales Manager of the CBS South Florida Division since Sept of 2006. Mr. Vasquez started his out -of -home career in 1995 as a sales executive in the south Florida offices of Ackerley Communications / AK Media in Miami. After 5 years of successful sales experience, Mr. Vasquez left AK Media to join CBS Outdoor's predecessor Viamom Outdoor. He has held positions of Sales Representative and ' Manager of Latino Sales for the South Florida market Joe Little, CBS Outdoor VP/Real Estate SE Region 1 Joe Little has served in various capacities in the outdoor advertising industry since 1974 and is currently CBS Outdoor, Inc. Regional VP/Real Estate with responsibility for managing the company's relations with approximately 8,000 lessors in the southeast, and numerous municipal and state governments. Mr. Little has been actively involved in national and state issues regarding outdoor advertising for many years through numerous positions in the industry's largest -trade association, the Outdoor Advertising Association of America (OAAA). He as served as past Chairman of OAAA Standards and Technology Committee and currently serves on the OAAA Legislative Committee. In 2005 he was recognized by the OAAA by induction 1 into the Outdoor Advertising Hail of Fame. He was selected in 2006 by the Federal Highway Administration (FHWA) to serve on a National Assessement Panel reviewing federal statutes and regulations regarding outdoor advertising.. Mr. Little serves on the Board of Directors of the Foundation for Outdoor Advertising Research and Education (FOARE) and the Florida Outdoor Advertising Associations .(FOAA). He holds two patents related to the outdoor advertising industry. Mr. Little received a BS Aeronautical Engineering from Purdue University. Keith Carswell (The Carswell Group, LLC), President and Chief Executive Officer The Carswell Group provides acquisition and development services to community based organizations and. private entities engaged in real estate development Particular emphasis is on the formation of public/private partnerships and leveraging the resources of both parties to maximize utilization of assets. Additional tasks include, but are not limited to, publicly speaking before boards of elected. officials, community groups and hosting community meetings which are geared towards securing approval and/or support for the proposed project ' Mr. Carswell has previously served as Director of Economic Development, for the City of Miami (2002-2005) and was responsible for initiating public/private partnerships and business development activities in targeted communities. ' Mr. Carwsell's experience also includes serving as Supervisor II in the Department of Site Acquisition and Leasing, Miami -Dade Public Schools (1998-2002). He coordinated activities and negotiated the acquisition of sites for new schools, ancillary facilities; and/or expansion of existing schools; lease agreements for the placement of wireless ' Submitted into the public Z record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk ` telecommunications towers on selected school properties; and development of Park/School Joint Use Agreements. He is a graduate of Columbia University (BA Urban Studies) and the University of Miami (MA Business Administration). 9) Existing M-DCPS Contracted Partner. No 10) Type of Business: Public Corporation (Delaware) 11) What Categories of advertising will your organization provide? l CBS Outdoor (CBS) will primarily provide site selection, permitting, construction, and marketing of out -of -home billboards on School Board properties. These billboard(s) are I_I intended for view by motorists on adjacent arterial streets. Additionally, CBS may pursue marketing opportunities in the area of sports media advertising, transit advertising and I� outemet advertising. Through its Collegiate Sports Properties division, CBS has been a creative and innovative partner of the collegiate sports marketplace for nearly 20 years, providing a wide range of marketing, media and sales services to many of the nation's top collegiate athletic programs. Through its transit advertising division, CBS sells in a multitude of metro markets including New York, Los Angeles, Chicago, San Francisco, I Washington D.C., Atlanta, Detroit, Miami, Cleveland and Baltimore. Lastly, CBS's outemet division is a leading provider of customized digital media networks and programming to targeted locations where people eat and/or generally gather. I�- 12) Demonstrated Experience CBS Outdoor sells and services more outdoor advertising than any other company in North America. With more than 1,600 U.S. employees located in more than 50 offices nationwide, we are the premier out-of-hcme media provider to outdoor advertising. agencies in' the United States. In addition to our overall advertising agency client base, we also sell and service more out -of -home media to local direct clients than any other outdoor company. During the company's nearly seven decades its sole focus has been providing the very best out -of -home media opportunities to marketers across the country. 13) Current Operating Budget CBS Outdoor, Inc. is a wholly owned subsidiary of the CBS Corporation (Public, NYSE -CBS). The corporation's most recent annual report is attached hereto as Appendix A. 14) References See Attached as Appendix "C" Submitted into the public 3 record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk v 0 u i r a ro—op 6~-& NO" Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk I 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 U I C L D C I I I 1 I Cornelius Shiver Ileana Hernandez -Acosta Lazaro J. Lopez On behalf of the City of Miami Warren Bittner Deputy City Attorney On behalf of the Appellant Santiago Echemendia, Esq. 1 V t � p Y a c E o s ao c o t 0 0 V o I 4/ G SDI y Ea 0 MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 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 2 * * * * * * * * * * * * * * * * * CHAIRMAN PINA: Roll call, please. MS. FORGES: Mr. Urquiola? BOARD MEMBER URQUIOLA: Yes. MS. FORGES: Mr. Shiver? MR. SHIVER: Here. MS. FORGES: Mr. Garavaglia? VICE'CHAIR GARAVAGLIA: Here. MS. FORGES: Ms. Ileana Hernandez? BOARD MEMBER HERNANDEZ-ACOSTA: Yes. MS. FORGES: And Chair Pina? CHAIRMAN PINA: Yes, ma'am. MS. FORGES: And Mr. Lopez? BOARD MEMBER LOPEZ: Here. u L CHAIRMAN PINA: Mr. Lopez. s ° o MS. FORGES: We have a quorum. � u � C Q O c r MR. PINA: Thank you. -tea Do we have any continuances? Any $ E continuances? None? MS. FORGES: We have continuance, the appeal, which is Item 1. CHAIRMAN PINA: Yes, sir. MS. FORGES: No, we do not. CHAIRMAN PINA: Yes or no? MS. FORGES: No, we do not. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Q M 0 n f'. I.- 1 2 ME 4 5 6 7 8 M 10 11 12 13 14 15 16 17 18 19 1 20 1 o 21 i c a22 -. h R ; no ; 23 D c o cis M o 24 10 i 0 25 �- o .+ — 3 s n 1 3 CHAIRMAN PINA: Okay. Let's hear the first item. Will you read it into the record, please. MS. FORGES: "A resolution of the Miami Zoning Board denying or granting the appeal by Amanda L. Quirke of the Zoning Administrator decision dated December 16, 2009, related to the issuance of a permit for Outdoor Advertising Signs regarding a provision contained in Article 10 of zoning ordinance Number 11000, as amended, the Zoning Ordinance of the City of Miami, Florida." MR. DE LA FUENTE: Good evening, Mr. Chair, Members of the Board, my name is Bob De La Fuente, with law offices at 1441 Brickell Avenue. I'm here on behalf of Outlook Media and Santiago Echemendia. I'm going to be handing out some packets for your review. Mr. Echemendia is going to make some introductory comments and then we'll get into our presentation. MR. BITTNER: Mr. Chairman. CHAIRMAN PINA: Yes, sir. MR. BITTNER: Warren Bittner, Deputy MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u 4 City Attorney, on behalf of the City of Miami. We have a Motion to Dismiss before the item begins on the merits, if you would entertain it. CHAIRMAN PINA: Mr. City Attorney, on behalf of the City, they're asking to dismiss the item. MR. SUAREZ-RIVAS: I'm sorry. Would you repeat? I'm sorry, would you please repeat that? MR. BITTNER: Yes. Mr. Chairman, I would like to present Motion to Dismiss this item before it is heard on the merits. I'm asking your permission to do so. MR. SUAREZ-RIVAS: And you're asking me? All right. CHAIRMAN PINA: Yes. MR. SUAREZ-RIVAS: I'm going to tell you, in this case, the Board must reach its own deliberations on the matter. I'll tell you why. Out of an abundance of caution, though this is not a code enforcement prosecution, because you have tonight another member of our office MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 8 1 1 1 2 3 4 1 5 6 7 4 City Attorney, on behalf of the City of Miami. We have a Motion to Dismiss before the item begins on the merits, if you would entertain it. CHAIRMAN PINA: Mr. City Attorney, on behalf of the City, they're asking to dismiss the item. MR. SUAREZ-RIVAS: I'm sorry. Would you repeat? I'm sorry, would you please repeat that? MR. BITTNER: Yes. Mr. Chairman, I would like to present Motion to Dismiss this item before it is heard on the merits. I'm asking your permission to do so. MR. SUAREZ-RIVAS: And you're asking me? All right. CHAIRMAN PINA: Yes. MR. SUAREZ-RIVAS: I'm going to tell you, in this case, the Board must reach its own deliberations on the matter. I'll tell you why. Out of an abundance of caution, though this is not a code enforcement prosecution, because you have tonight another member of our office MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 8 1 18 9 10 11 20 12 1 13 14 1 15 16 1 22 17 4 City Attorney, on behalf of the City of Miami. We have a Motion to Dismiss before the item begins on the merits, if you would entertain it. CHAIRMAN PINA: Mr. City Attorney, on behalf of the City, they're asking to dismiss the item. MR. SUAREZ-RIVAS: I'm sorry. Would you repeat? I'm sorry, would you please repeat that? MR. BITTNER: Yes. Mr. Chairman, I would like to present Motion to Dismiss this item before it is heard on the merits. I'm asking your permission to do so. MR. SUAREZ-RIVAS: And you're asking me? All right. CHAIRMAN PINA: Yes. MR. SUAREZ-RIVAS: I'm going to tell you, in this case, the Board must reach its own deliberations on the matter. I'll tell you why. Out of an abundance of caution, though this is not a code enforcement prosecution, because you have tonight another member of our office MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 18 19 20 -- 21 ��a3 Cr 22 �n N h efu v3$o. 23 D O ^soh � r+ 3 O 24 in '3 O 00 s, o M E 25 s� 4 City Attorney, on behalf of the City of Miami. We have a Motion to Dismiss before the item begins on the merits, if you would entertain it. CHAIRMAN PINA: Mr. City Attorney, on behalf of the City, they're asking to dismiss the item. MR. SUAREZ-RIVAS: I'm sorry. Would you repeat? I'm sorry, would you please repeat that? MR. BITTNER: Yes. Mr. Chairman, I would like to present Motion to Dismiss this item before it is heard on the merits. I'm asking your permission to do so. MR. SUAREZ-RIVAS: And you're asking me? All right. CHAIRMAN PINA: Yes. MR. SUAREZ-RIVAS: I'm going to tell you, in this case, the Board must reach its own deliberations on the matter. I'll tell you why. Out of an abundance of caution, though this is not a code enforcement prosecution, because you have tonight another member of our office MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' 15 1 16 17 ' 18 19 1 20 a- 21 13 c ^ =: F IN ri °' 22 n a D 3 3 M 3 23 0 ID ° ? ° O M �- n 3 0 .0 24 = 'c 3 S A 25 1 1 5 presenting the item, we think that, out of an abundance of caution, we should not be presenting the item and also advising the Board. So, on this item, on this item only -- I'm here tonight for the meeting, but on this item only, I will not be offering you the regular counsel. In fact, I will be mute on this item, so -- CHAIRMAN PINA: Okay. MR. SUAREZ-RIVAS: All right? CHAIRMAN PINA: Okay. Mr. Appellant, present your case. I think it needs the ability to have due process. MR. ECHEMENDIA: Yes, Mr. Chairman. Let me see if I understand, and I'm not sure what -- Warren -- you know, we were before you the last time I requested a -- this is Santiago Echemendia, 1441 Brickell Avenue, requested a continuance at the time, because we were the last item and it looked like this item is not a short item. Mr. Shiver said, warned me, "Mr. Echemendia, don't come back for another continuance." We're not going to request MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 1 ' 1 2 16 3 1 17 ' 4 ' 5 6 ' 7 8 ' 20 9 21 10 M 11 -- - 1 v 3 M 0 12 13 14 N n IN0. °1 rt f9 m 1 15 ' 16 17 ' 18 19 1 20 21 M c v 3 M 0 22 N n IN0. °1 rt f9 m a o 23 y 3 rt 24 o ort° 1 �om � , o g 25 1i 101 another continuance, even though we believe that the pending litigation with Carter addresses some of the issues, including -- they're raising a standing issue. We don't believe there is one, but I have just been handed by Pieter -- this has been pending for.-- I think the applications were filed four months before there was even a written denial, and we just got as -- your packet doesn't even h a v e s t -a f f' s- -r e -c o m m e n d a t -i -o -n .--- ----- -- What happened at the last Zoning Board meeting that I appeared on a Monday evening is I noticed that staff had a thick packet that was their presentation. It even had a legal opinion regarding standing. Respectfully -- I mean, to me, this application is really all about process. It's all about transparency. It's all about why an application took 60 days to get a written denial that is required by the code, why it took another three months to get an e-mail that doesn't really explain the why of the denial. We're here really to find out what MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 1 15 1 16 17 ' 18 19 20 21 N \ a �^� 3 0 22 n3 O1 fD 23 E oo°- _� 3 7 0 24 O O s ^� go 0� 25 Ln o :E v o ' S ri 7 transpired. We're here to ask Pieter Bockweg some questions as the person who assisted in that determination. We're here to ask Lourdes Slazyk, as the Zoning Administrator, regarding the determination, ask some questions. They've raised some issues regarding standing that are red herrings. First of all, Carter -- and I'll walk you through the packet in a minute, Carter initially filed a robust appeal of the verbal denial and the City took the position that it was just a verbal denial and, therefore, they had not really technically denied it under the code, yet it took another three months to get a denial. I suspect that where Mr. Bittner is coming from is -- and we're surprised by the Motion to Dismiss, because this has been pending for sometime. As a courtesy, they could have alerted us that there was a request for a dismissal. I will let him speak to the dismissal, and then, of course, I'd like to have the time for you to hear me. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L 1 8 ' 1 ' 2 ' 3 ' 11 1 4 ' S 1 6 1 7 1 16 8 ' 9 ' 10 11 1 18 12 1 13 14 1 15 1 16 O I do have a concern in terms of just, again, procedure, because this hearing is a lot about the City running fast and loose on its own rules and thereby not complying with due process and procedure. And the effort that is before me appears to be a little bit more of that. I thank the City Attorney Suarez -Rivas for recognizing that there is a procedural due process issue as we speak here. We're not in litigation, but the City Attorney has chosen -- and this is what's also unusual. This is -- I imagine that this is probably one of the first times -- actually, the second time. The first time was in the other Outlook appeal that Mr. Bittner actually has appeared in front of this Board when there's no litigation. And we ask ourselves the same question. In other words, shouldn't this be just like any other zoning appeal, where you have Lourdes, and you have Pieter, and you have staff making a recommendation and not the City Attorney MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 1 18 19 ' 20 N 21 '-- l -v a 22 v+ IN 3 o 3 23 D 3 o O c O ^ T 24 1 �n3 00�v O o & 25 p- 3 '+ - S ri O I do have a concern in terms of just, again, procedure, because this hearing is a lot about the City running fast and loose on its own rules and thereby not complying with due process and procedure. And the effort that is before me appears to be a little bit more of that. I thank the City Attorney Suarez -Rivas for recognizing that there is a procedural due process issue as we speak here. We're not in litigation, but the City Attorney has chosen -- and this is what's also unusual. This is -- I imagine that this is probably one of the first times -- actually, the second time. The first time was in the other Outlook appeal that Mr. Bittner actually has appeared in front of this Board when there's no litigation. And we ask ourselves the same question. In other words, shouldn't this be just like any other zoning appeal, where you have Lourdes, and you have Pieter, and you have staff making a recommendation and not the City Attorney MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C H. - H Ll r 1 2 3 4 5 6 7 8 9 WIN ' 12 ' 13 14 1 15 16 1 17 1 18 19 1 20 21 fDrr 3 22 ° 3 m 23 e 0! ° n CL � vo° in j 3 g 24 S 'A = S ° 3 cP ° M 25 n o g 7� ° Cr r: — 1 3 S n O taking an advocacy position. And I'll walk you through the presentation materials in a minute. And so that to us shocks the conscience. But, moreover, you have -- there's the case of Cherry stands for the proposition that a legal advisor of a deciding panel cannot also act as an advocate at the same quasi-judicial hearing, and that's a violation of due process." And that's what Mr. Rafael Suarez -Rivas is bringing to your attention. He is telling you that he is supposed to be acting in his advice to you as a neutral arbiter. Now, I will tell you that I'm concerned about whether he can be a neutral arbiter, not because -- just before the hearing, Mr. Bittner, who is only here on this item, I saw standing over him while Mr. Rivas was asking him, but if I'm asked thus and thus, what am I supposed to say? How in the world could that City Attorney be a neutral arbiter if he is getting advice from the advocate MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u L L L' L 1 2 3 4 5 6 7 E:A 9 10 11 12 13 14 15 16 17 18 Worn 1 20 10 who's appearing before you on the Motion to Dismiss. Now, I'm not sure I understood Mr. Suarez -Rivas as to whether -- is that concern the basis for a continuance to get neutral counsel or were you just alerting the Board, because I didn't quite understand. MR. SUAREZ-RIVAS: I'm only going to respond because you're asking a direct question. MR. ECHEMENDIA: Thank you. Through the Chair, I'm sorry. MR. SUAREZ-RIVAS: Through the Chair, but either way what Mr. Bittner and I were discussing is privileged, and I'm not going to discuss it with you, but I will tell you that what I said publicly to the Board you heard. And, you know, I'm not going to respond to your inquiry as to what I was conversing with Mr. Bittner just like if I was -- wouldn't be asking you what and your colleague from the same law firm were conversing about prior to this item. So with that, I thank you. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 21 3 0 3 ' M 22 0! O ^ Q O D 3 ' ' 23 3 A S < O rt opo o 24 n '�3 25 s 10 who's appearing before you on the Motion to Dismiss. Now, I'm not sure I understood Mr. Suarez -Rivas as to whether -- is that concern the basis for a continuance to get neutral counsel or were you just alerting the Board, because I didn't quite understand. MR. SUAREZ-RIVAS: I'm only going to respond because you're asking a direct question. MR. ECHEMENDIA: Thank you. Through the Chair, I'm sorry. MR. SUAREZ-RIVAS: Through the Chair, but either way what Mr. Bittner and I were discussing is privileged, and I'm not going to discuss it with you, but I will tell you that what I said publicly to the Board you heard. And, you know, I'm not going to respond to your inquiry as to what I was conversing with Mr. Bittner just like if I was -- wouldn't be asking you what and your colleague from the same law firm were conversing about prior to this item. So with that, I thank you. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 P, C r n 1 2 3 4 5 6 7 8 M 10 MR. ECHEMENDIA: Thank you. And, Mr. Chair, just to respond to that for the record -- MR. SHIVER: Could you give me a second, for a second? CHAIRMAN PINA: Mr. Shiver. MR. SHIVER: Point of clarification.. If I'm understanding right, Mr. Bittner asked for a Motion to Dismiss. I think the Chair pretty much said no, put on your case and then now you're arguing the Motion to Dismiss. MR. ECHEMENDIA: No, no, I'm sorry, I misheard. I thought he was going to argue the Motion to Dismiss, because he's still standing there. I just had some procedural comments. BOARD MEMBER SHIVER: Say your peace. MR. ECHEMENDIA: Thank you. Thank you. And I guess what -- VICE CHAIR GARAVAGLIA: Excuse me, excuse me. Through the Chair, please, who's -- then who's our attorney right now? BOARD MEMBER HERNANDEZ-ACOSTA: MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 1 12 t13 14 ' 15 16 t17 ' 18 19 t20 o c 21 1 � 3 � 3 N• o" rt 22 n IN rt O Q d a ? 23 c � o n rt C ,A 00 o M 24 n 3 a t A: 25 =r n 'j 1 MR. ECHEMENDIA: Thank you. And, Mr. Chair, just to respond to that for the record -- MR. SHIVER: Could you give me a second, for a second? CHAIRMAN PINA: Mr. Shiver. MR. SHIVER: Point of clarification.. If I'm understanding right, Mr. Bittner asked for a Motion to Dismiss. I think the Chair pretty much said no, put on your case and then now you're arguing the Motion to Dismiss. MR. ECHEMENDIA: No, no, I'm sorry, I misheard. I thought he was going to argue the Motion to Dismiss, because he's still standing there. I just had some procedural comments. BOARD MEMBER SHIVER: Say your peace. MR. ECHEMENDIA: Thank you. Thank you. And I guess what -- VICE CHAIR GARAVAGLIA: Excuse me, excuse me. Through the Chair, please, who's -- then who's our attorney right now? BOARD MEMBER HERNANDEZ-ACOSTA: MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r L u u 0 1 2 3 4 5 M 7 8 9 10 11 12 13 14 15 16 17 ' 18 19 ' 20 21 10 �oa a3 22 P0'v N ; „ D ; n d 3 23 O 3 3 O o 6 r+ 24 ' f1 3 fD EAE. 00 0 3 �; — 25 1 12 That's a good question. MR, ECHEMENDIA: Mr. Suarez -Rivas would be the Board counsel and Warren is -- MR. BITTNER: No, Mr. Suarez -Rivas is not representing you on this particular item only. VICE CHAIR GARAVAGLIA: All right. So who is? BOARD MEMBER HERNANDEZ-ACOSTA: Who - is? Yeah. MR. BITTNER: You have no representation on this item only. CHAIRMAN PINA: We have no representation. That's understood. That's understood. And go ahead and state your case why you're -- VICE CHAIR GARAVAGLIA: No, I'm not going to hold on that. I mean, if we don't have counsel representing us, I don't know, we've not heard items in the past, if we don't have an attorney representing the Board. So why -- why is the Chair believing it's the right thing to go forward without counsel? MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 1-1 -1 2 3 I� 4 I- 5 6 11 7 8 1-1 9 I� 10 11 I� 12 II 13 14 15 16 -� 17 I� 18 19 20 21 fDCr 22 0 3 l A � N I a 23 3 (D J o► o $ °' D'=rt 24 n A3 eoC 3a 25 30 °��.0 �- O „ - 13 CHAIRMAN PINA: Because -- BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, if I may, why do we not have -- I understand what you're doing, but why do we not have an attorney for the Board for this item? Mr. Attorney, why don't we have an attorney for the Board for this item? MR. BITTNER: Let me get that. You do not have an attorney for this item, because I am advocating the position of the City on this item, and we elected not to retain outside counsel at significant expense to handle just this item. Mr. Suarez -Rivas, as Mr. Echemendia appropriately said, you cannot have members of my office represent you and at the same time advocate to you. CHAIRMAN PINA: Is Lourdes here? Is Lourdes Slazyk here. MR. BITTNER: No, she's not. CHAIRMAN PINA: Who's representing zoning? MR. BITTNER: Mr. Bockweg. CHAIRMAN PINA: I'm willing to hear MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L k-11 r 1 2 3 4 5 6 7 Ao 9 10 11 ' 12 1 13 14 1 15 16 ' 17 1 18 19 20 21 3 ° 3 22 1A N rt IQ 23 a�00 D � rt r,-+�� 100� 3 ° 24 c crts m r,3 n C 'D :E. C 25 C r+ s 14 the case. MR. ECHEMENDIA: And we're willing to go forward. CHAIRMAN PINA: There should be a reason, aside from the legal aspect, why your appeal -- why your appeal is based on, okay? Let's forget about the legal part. Why are you appealing based on the zoning matter. MR. ECHEMENDIA: And we thank you, and we look forward to making our presentation and try to be as brief as possible. Understand that this is a long complicated case that will be appealed to the City Commission. Either way, we'll probably end up in circuit court either way and so -- CHAIRMAN PINA: Okay, Mr. Garavaglia. VICE CHAIR GARAVAGLIA: I just have -- since I don't have an attorney, maybe I'll ask you. Is Motion to Dismiss take precedent? Is that something we should be hearing first, if you're making it? MR. BITTNER: In my view, yes, you MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 15 should hear that as a preliminary matter. And if you deny the motion, you should then proceed to the merits. If you grant the motion, the case is over. MR. ECHEMENDIA: We -- VICE CHAIR GARAVAGLIA: This is your chance to answer. MR. ECHEMENDIA: We don't believe -- we believe that we are the appellant, and that we should be making our argument on the merits of the appeal. VICE CHAIR GARAVAGLIA: Outside of the merits of the case, from a procedural standpoint, isn't when a motion to dismiss is brought up by either side, isn't that -- isn't that what comes first, that has to be dealt with first? I'm not a lawyer. If the answer is no -- MR. ECHEMENDIA: No, the answer is you're a quasi-judicial body. You're not bound by the rules of court. Procedurally, typically, in a case, you would have Motion to Dismiss before you actually try the case. VICE CHAIR GARAVAGLIA: Okay, thank MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 1 20 21 M .�El o 22 n 7 M v o no °_ 23 D > > ?rtT � r« 24 o opo o m ' r— 25 o _ '* 1 15 should hear that as a preliminary matter. And if you deny the motion, you should then proceed to the merits. If you grant the motion, the case is over. MR. ECHEMENDIA: We -- VICE CHAIR GARAVAGLIA: This is your chance to answer. MR. ECHEMENDIA: We don't believe -- we believe that we are the appellant, and that we should be making our argument on the merits of the appeal. VICE CHAIR GARAVAGLIA: Outside of the merits of the case, from a procedural standpoint, isn't when a motion to dismiss is brought up by either side, isn't that -- isn't that what comes first, that has to be dealt with first? I'm not a lawyer. If the answer is no -- MR. ECHEMENDIA: No, the answer is you're a quasi-judicial body. You're not bound by the rules of court. Procedurally, typically, in a case, you would have Motion to Dismiss before you actually try the case. VICE CHAIR GARAVAGLIA: Okay, thank MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 IJ u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 16 you. I mean, that's my opinion. CHAIRMAN PINA: Mr. Echemendia, you're entitled to due process. MR. ECHEMENDIA: Thank you. CHAIRMAN PINA: Please state your case based on the zoning matter. MR. ECHEMENDIA: Thank you. CHAIRMAN PINA: If there's other legal issues, I will recognize them as we're not having proper representation here. MR. ECHEMENDIA: Understood. CHAIRMAN PINA: Because the City is a party to your appeal. MR. ECHEMENDIA: Understood. BOARD MEMBER URQUIOLA: Mr. Chairman, please. CHAIRMAN PINA: Mr. Urquiola. BOARD MEMBER URQUIOLA: In the case, I see this case tonight, we don't have our lawyer to represent us. The trouble over here is something legally it have to be discussed with the City lawyer, not with US. You know what I mean? Because we don't know nothing about anything in law MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 1 20 �Mr -. Ln 3 O 21 ^ N ' m 22 c D art 23 e3 n -aAM° SO C G 00�v a = 24 25 16 you. I mean, that's my opinion. CHAIRMAN PINA: Mr. Echemendia, you're entitled to due process. MR. ECHEMENDIA: Thank you. CHAIRMAN PINA: Please state your case based on the zoning matter. MR. ECHEMENDIA: Thank you. CHAIRMAN PINA: If there's other legal issues, I will recognize them as we're not having proper representation here. MR. ECHEMENDIA: Understood. CHAIRMAN PINA: Because the City is a party to your appeal. MR. ECHEMENDIA: Understood. BOARD MEMBER URQUIOLA: Mr. Chairman, please. CHAIRMAN PINA: Mr. Urquiola. BOARD MEMBER URQUIOLA: In the case, I see this case tonight, we don't have our lawyer to represent us. The trouble over here is something legally it have to be discussed with the City lawyer, not with US. You know what I mean? Because we don't know nothing about anything in law MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 7 1 2 3 4' 5 C:o 7 8 9 10 11 12 13 14 ' 15 17 in this case. I think we better finish this case, denying this article. It's the best way we can do right now in this situation. This is my opinion. BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, if I'm correct, Mr. Echemendia needs to present this here so that he can have his case prepared, go to the Commission and then go to court, right? MR. ECHEMENDIA: Correct. BOARD MEMBER HERNANDEZ-ACOSTA: That's all this is about. Our determination, our decision is going to mean nothing. We're going to hear him so that he can -- BOARD MEMBER URQUIOLA: Bueno why we hear it? Why? MR, ECHEMENDIA: Well, we hope -- CHAIRMAN PINA: Okay. Okay. MR. ECHEMENDIA: We hope it's not -- we hope it's not a foregone conclusion. We'd rather win here, and not have to appeal to the City Commission. BOARD MEMBER HERNANDEZ-ACOSTA: But that's what you're preparing, right? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 16 1 17 1 18 19 1 20 ,_ _m 21 21 1 m_c 22 3o a 3 N N 23 d o o °- = D 50 M 24 113°°`D 25 x Cr 1 I o = - s i i 'I 17 in this case. I think we better finish this case, denying this article. It's the best way we can do right now in this situation. This is my opinion. BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, if I'm correct, Mr. Echemendia needs to present this here so that he can have his case prepared, go to the Commission and then go to court, right? MR. ECHEMENDIA: Correct. BOARD MEMBER HERNANDEZ-ACOSTA: That's all this is about. Our determination, our decision is going to mean nothing. We're going to hear him so that he can -- BOARD MEMBER URQUIOLA: Bueno why we hear it? Why? MR, ECHEMENDIA: Well, we hope -- CHAIRMAN PINA: Okay. Okay. MR. ECHEMENDIA: We hope it's not -- we hope it's not a foregone conclusion. We'd rather win here, and not have to appeal to the City Commission. BOARD MEMBER HERNANDEZ-ACOSTA: But that's what you're preparing, right? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r r LI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15' 16 17 ' 18 19 ' 20 ° ° c 21 ' v 3 ° � 22 N. IN ° CL o 23 a O ° mos 24 n 3 m � � v 1o i 'Vol c E — 25 0 1 1 ` 18 MR. ECHEMENDIA: Fair enough. CHAIRMAN PINA: And I'm going to analyze it based on the zoning issues as opposed to legal issues between the City and Mr. Echemendia. MR. ECHEMENDIA: Thank you, Mr. Chair Let me just walk you very quickly, because I think that this is very telling and it's very important. This is the appendix. This would be our appendix. I believe that Bob has given it to you, and then I'll just defer to Bob to make the presentation and I'll ask Pieter some questions. BOARD MEMBER HERNANDEZ-ACOSTA: Can we jog instead of walking? MR. ECHEMENDIA: I'm sorry? BOARD MEMBER HERNANDEZ-ACOSTA: Can we jog instead of walking? MR. ECHEMENDIA: Yes, absolutely. You have the zoning provisions. You have the September -- one of the -- really, in a nutshell of this case is in Appendix A or Tab A. It walks you through the filing MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 n ' 1 ' 2 1 3 ' 4 1 5 6 1 7 8 ' 9 ' 10 11 1 12 19 1 13 14 1 15 19 of the application before the pilot program, et cetera, and what transpired, but rather then take up reading that, you have the code sections. C, you have the appeal letter or the letter to Teresita talking about our withdrawal of some appeals based on Warren's request that we withdraw the appeals to open the window for Carter to file his application, or for those applications to be processed. The irony of that, folks, is that Mr. Bittner took the position that the only thing we needed to do in order for the Carter applications to move forward is withdraw Outlook Media appeals. Not only withdraw the appeals, but get CBS, who was objecting to those appeals, to consent to the withdrawal. Now, if you're scratching your heads, we were scratching our heads for a long time, because here we have our appeals, which you've heard and you guys suffered through last year, six months or so, where CBS was here objecting. We wanted to withdraw those appeals to leave Carter MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 16 1 17 1 18 19 20 21 Cr CA 22 22 a o C a 23 n'rt c o foo'=; 24 n3 000 1 0 a 25 =r 1� 1 19 of the application before the pilot program, et cetera, and what transpired, but rather then take up reading that, you have the code sections. C, you have the appeal letter or the letter to Teresita talking about our withdrawal of some appeals based on Warren's request that we withdraw the appeals to open the window for Carter to file his application, or for those applications to be processed. The irony of that, folks, is that Mr. Bittner took the position that the only thing we needed to do in order for the Carter applications to move forward is withdraw Outlook Media appeals. Not only withdraw the appeals, but get CBS, who was objecting to those appeals, to consent to the withdrawal. Now, if you're scratching your heads, we were scratching our heads for a long time, because here we have our appeals, which you've heard and you guys suffered through last year, six months or so, where CBS was here objecting. We wanted to withdraw those appeals to leave Carter MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L n 0 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 1M 3 N21 0 Cr a 22 _•h 3 M D;3� n O. 23 3 oos C 24 n 1 3 00 3 -0 C 25 1� 1 - 20 room to file the applications or to process the applications for those seven same sites. And Mr. Bittner took the position that CBS, who was objecting to those appeals, had to consent to the withdrawal. So we withdrew conditional. CBS said we're okay with three sites out of the seven. One is Tanaka, the other one is Seven Nine and the other one is Contemporary Contractors. The City signed Seven Nine. That's a 1500 foot site. We still don't understand, and we'll ask Pieter, and want to get to the bottom of what happened with Contemporary Contractors and Tanaka, because CBS, though CBS's consent wasn't really required -- CHAIRMAN PINA: Mr. Echemendia, let me stop you there. Is CBS involved in this? MR. ECHEMENDIA: Well, CBS is in the audience. MR. PINA: That's fine, but are they part of this appeal? MR. ECHEMENDIA: They may stand up to MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C L 1 2 M 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 the podium. CHAIRMAN PINA: No, no, but why are you bringing CBS up? MR. ECHEMENDIA: Well, sir, they're in the audience. CHAIRMAN PINA: That's okay, they can be in the audience. Why are you bringing CBS up? MR. ECHEMENDIA: Because it's part of the record in the case, where part of the processing, regarding the processing of these applications, was that Mr. Bittner requested CBS's consent and CBS's letter is in your packet, sir, okay? You then, in D, have the Carter appeal of the verbal denial, which is a three-page appeal by Carter on the denial,. saying we're entitled to these applications. You then have the letter to Pete Hernandez reciting what transpired in the meeting with the manager, and Warren and Pieter Bockweg. You then have the CBS letter in F, which is important, where CBS says, well, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 1 20 21 ' rt N cr 22 V I- CL 3 23 a � 3 3 rt 3 0 c 24 Zo�=+m 3 � 25 1 C C rr G '+ — ' 3 S n 21 the podium. CHAIRMAN PINA: No, no, but why are you bringing CBS up? MR. ECHEMENDIA: Well, sir, they're in the audience. CHAIRMAN PINA: That's okay, they can be in the audience. Why are you bringing CBS up? MR. ECHEMENDIA: Because it's part of the record in the case, where part of the processing, regarding the processing of these applications, was that Mr. Bittner requested CBS's consent and CBS's letter is in your packet, sir, okay? You then, in D, have the Carter appeal of the verbal denial, which is a three-page appeal by Carter on the denial,. saying we're entitled to these applications. You then have the letter to Pete Hernandez reciting what transpired in the meeting with the manager, and Warren and Pieter Bockweg. You then have the CBS letter in F, which is important, where CBS says, well, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 0 k. 1 2 3 4 5 6 7 WE M 10 11 12 13 14 15 16 17 18 22 we don't really object to -- I'm sorry, we don't object to Tanaka, Contemporary or Seven Nine, but we object to the others. And the City went ahead and signed off on Seven Nine. You then have an e-mail from Anel saying this will confirm that you guys withdraw. There's an -interesting question as to whether that withdrawal was effective or not, because CBS didn't consent to all of them going forward, which was a condition of the withdrawal. You have Pieter confirming that the applications are pending. And then you have some very interesting and telling e-mails in J from Warren Bittner to Glenn Smith of CBS asking him how he felt about the Carter applications, which to us is astounding, because these were Carter applications, why is he asking CBS. And he goes on and on, and you could kind of get the gist of those e-mails, which are very interesting. In K, you have the Home Rule Charter, which I've been walking around with since MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 20 Mr,C 21 Cr 3 to 22 ^_• �, ' M G n a 23 v 3 f1 -i o A o n .+ Et = 24 f1 � 00 o 3 � Er 25 M s� i 1 22 we don't really object to -- I'm sorry, we don't object to Tanaka, Contemporary or Seven Nine, but we object to the others. And the City went ahead and signed off on Seven Nine. You then have an e-mail from Anel saying this will confirm that you guys withdraw. There's an -interesting question as to whether that withdrawal was effective or not, because CBS didn't consent to all of them going forward, which was a condition of the withdrawal. You have Pieter confirming that the applications are pending. And then you have some very interesting and telling e-mails in J from Warren Bittner to Glenn Smith of CBS asking him how he felt about the Carter applications, which to us is astounding, because these were Carter applications, why is he asking CBS. And he goes on and on, and you could kind of get the gist of those e-mails, which are very interesting. In K, you have the Home Rule Charter, which I've been walking around with since MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 Li L n n I 1 r 1 2 3 4 5 6 7 E:A 9 10 11 12 13 14 15 16 17 18 19 1 20 23 -- since'starting with this Outdoor advertising exercise in the City of Miami, most particularly the truth in government, the right to be heard, no unreasonable postponements and things of that nature. You have a section of Chapter 163 that defines development orders. In M, you have the denial of the Lummus Park application by the state. You have the denial of another application that Bobby will tell you about. And then, lastly, you have a letter from Outlook Media to CBS withdrawing the landlord consent on GT, which is one of the applications. So that's the packet. Bob -- I asked Bob to be very brief, because I think we've gone over some of the issues, and you guys have a lot of people here and obviously there's some urgency. As an accommodation to you guys, we're jogging, because we kind of -- we do have the right to cross-examine and be heard, et cetera, but I suspect we'll have another opportunity in front of the City Commission. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 21 3 0 c 22 n• -�'m IN Q rt 23 d o $ o" 24 'o n3 900=v 25 .0 rt — 1� 23 -- since'starting with this Outdoor advertising exercise in the City of Miami, most particularly the truth in government, the right to be heard, no unreasonable postponements and things of that nature. You have a section of Chapter 163 that defines development orders. In M, you have the denial of the Lummus Park application by the state. You have the denial of another application that Bobby will tell you about. And then, lastly, you have a letter from Outlook Media to CBS withdrawing the landlord consent on GT, which is one of the applications. So that's the packet. Bob -- I asked Bob to be very brief, because I think we've gone over some of the issues, and you guys have a lot of people here and obviously there's some urgency. As an accommodation to you guys, we're jogging, because we kind of -- we do have the right to cross-examine and be heard, et cetera, but I suspect we'll have another opportunity in front of the City Commission. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Ll C C L 0 2 3 4 5 6 7 8 9 10 1 12 1 13 14 1 15 16 1 17 1 18 19 1 20 m 21 1 �3c3 IN 22 W a O ' ^ Q' 3 23 1 A C M �G O 060 o 24 r �.a a 25 T� I I 24 So it is important for us to, at the very least, ask questions of Pieter Bockweg as a matter of procedural due process. CHAIRMAN PINA: That's -- thank you for your consideration. Amanda Quirke, she's the applicant. I believe she's an attorney in your office. MR. ECHEMENDIA: Amanda was an associate in our firm. She's left. Bob is my partner. He is the attorney. He's registered as a lobbyist. He's done the workshop, as have I. CHAIRMAN PINA: I would like to hear from zoning. MR. BOCKWEG: Good evening, Pieter Bockweg, City of Miami Project Manager. I'll answer the questions or you want -- CHAIRMAN PINA: I would like for you to state your case based on the appellant's application. MR. BOCKWEG: Okay. MR. BITTNER: The first part of this case is the Motion to Dismiss, Mr. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 4 5 6 7 8 9 10 11 25 Chairman. Excuse me. May I begin with that? That's the first part of the City's case. Okay, I'11 take that as a yes. The City moves to dismiss this appeal on the basis of standing. Outlook is claiming status as an aggrieved party. And you recall that a person can only appeal a decision of the Zoning Administrator if they're an aggrieved party. They are claiming status as an aggrieved party because of an agreement they say they have with Carter Outdoor. And if you take a look at their notice of appeal, the footnote on the very bottom, footnote one, they detail their notice of appeal, which is the first part of your package. First part of the package that came to you, on the very bottom, is a footnote that explains how they have this agreement, Outlook has this agreement, with Carter, and they're claiming an aggrieved party status as a result of that agreement. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 12 13 14 f it 15 16 - 17 18 19 _IJ 20 N 21 m � c 22 CL r► N f1 II 3 ID oo° 23 D 3 3 fD ° 24 °00 I c l ID m� cg c 25 25 Chairman. Excuse me. May I begin with that? That's the first part of the City's case. Okay, I'11 take that as a yes. The City moves to dismiss this appeal on the basis of standing. Outlook is claiming status as an aggrieved party. And you recall that a person can only appeal a decision of the Zoning Administrator if they're an aggrieved party. They are claiming status as an aggrieved party because of an agreement they say they have with Carter Outdoor. And if you take a look at their notice of appeal, the footnote on the very bottom, footnote one, they detail their notice of appeal, which is the first part of your package. First part of the package that came to you, on the very bottom, is a footnote that explains how they have this agreement, Outlook has this agreement, with Carter, and they're claiming an aggrieved party status as a result of that agreement. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 H I n u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 mediation shall be attended by both parties with a certified mediator chosen by the parties." In no -- a mediation has never been requested by either Carter or anyone pretending to act pursuant to a right under Carter's agreement. Then this continues. "If the mediator declares an impasse, either party may then demand binding arbitration. If arbitration is instituted between the parties with respect to this agreement, the prevailing party therein shall be entitled to recover, in addition to all other relief obtained, reasonable costs, expenses and fees, including reasonable attorney's fees, paraprofessional fees and expert witness fees, incurred in such arbitration or appeal and in any post -arbitration proceedings. The parties acknowledge and agree that except as to issues arising from the City's police and safety powers, they are agreeing to mediate/arbitrate their disputes, and are expressly waiving their right to litigate their disputes in court." MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 22 M 3 oCr 3 IN °- �: 23 D = Q 0 24 n 1 0 o o c M 25 n3 ca . M"a H O �. Cr r7 _ M S M mediation shall be attended by both parties with a certified mediator chosen by the parties." In no -- a mediation has never been requested by either Carter or anyone pretending to act pursuant to a right under Carter's agreement. Then this continues. "If the mediator declares an impasse, either party may then demand binding arbitration. If arbitration is instituted between the parties with respect to this agreement, the prevailing party therein shall be entitled to recover, in addition to all other relief obtained, reasonable costs, expenses and fees, including reasonable attorney's fees, paraprofessional fees and expert witness fees, incurred in such arbitration or appeal and in any post -arbitration proceedings. The parties acknowledge and agree that except as to issues arising from the City's police and safety powers, they are agreeing to mediate/arbitrate their disputes, and are expressly waiving their right to litigate their disputes in court." MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 r 1 r t 1 2 3 4 5 10V 7 8 9 10 12 13 14 15 16 17 18 19 ' 20 29 Now, this is significant, because where is this particular matter going? Well, first, this is an administrative appeal to you, the Zoning Board. Then the aggrieved party will go to the City Commission and then the aggrieved party can go to court, but the parties have agreed that they will not use that procedure. They've agreed to mediate and then submit themselves to binding arbitration. And this particular -- this particular company, Outlook Media, is only here because they have an agreement with Carter, which they believe entitles them to rights under this agreement with the City. CHAIRMAN PINA: Which is the settlement agreement. MR. BITTNER: The settlement agreement, which I just said, yes, that's correct. Now, Outlook Media's rights under this City's settlement agreement are no greater than Carter's rights. If Carter couldn't come here before you today and MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 21 ro M c �3a3 22 N N M �. o o a 23 D -rgR � so 24 3 °° ° 'r+ 9 0 o 25 x- o i _� =r^ 29 Now, this is significant, because where is this particular matter going? Well, first, this is an administrative appeal to you, the Zoning Board. Then the aggrieved party will go to the City Commission and then the aggrieved party can go to court, but the parties have agreed that they will not use that procedure. They've agreed to mediate and then submit themselves to binding arbitration. And this particular -- this particular company, Outlook Media, is only here because they have an agreement with Carter, which they believe entitles them to rights under this agreement with the City. CHAIRMAN PINA: Which is the settlement agreement. MR. BITTNER: The settlement agreement, which I just said, yes, that's correct. Now, Outlook Media's rights under this City's settlement agreement are no greater than Carter's rights. If Carter couldn't come here before you today and MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 C 0 0 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Q appeal, neither can they. And they shouldn't be here. As a result, they have no standing, and you should not be hearing this appeal. It should be dismissed. CHAIRMAN PINA: Understood. BOARD MEMBER SHIVER: Mr. Chair. MR. ECHEMENDIA: May I respond? CHAIRMAN PINA: One second, please, one second. Mr. Shiver. MR. SHIVER: Briefly, and I'm going to do this very fast with Mr. -- with Warren. When I looked at the package and I saw that there was an agreement with Carter, but I didn't see Outlook, then I thought then that may have been a winning decision in the fact that, you know, there is no agreement with Outlook. However, Warren, when you then point the panel to Exhibit G, Exhibit G I guess solves that problem for Outlook, because apparently Exhibit G talks about an agreement between Carter and Outlook, whether that agreement was expired or terminated, that gave the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 20 3 O car 21 _n ICLN Z Q 22 n _- y ' 23 3 rr n G < O 6 On 24 N F',0 3 -p 325 �« s �• Q appeal, neither can they. And they shouldn't be here. As a result, they have no standing, and you should not be hearing this appeal. It should be dismissed. CHAIRMAN PINA: Understood. BOARD MEMBER SHIVER: Mr. Chair. MR. ECHEMENDIA: May I respond? CHAIRMAN PINA: One second, please, one second. Mr. Shiver. MR. SHIVER: Briefly, and I'm going to do this very fast with Mr. -- with Warren. When I looked at the package and I saw that there was an agreement with Carter, but I didn't see Outlook, then I thought then that may have been a winning decision in the fact that, you know, there is no agreement with Outlook. However, Warren, when you then point the panel to Exhibit G, Exhibit G I guess solves that problem for Outlook, because apparently Exhibit G talks about an agreement between Carter and Outlook, whether that agreement was expired or terminated, that gave the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u t L� n r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 31 agreement that I didn't see initially. So you pointed us to agreement that we didn't see. And then you said the mediation, either party can seek mediation, including the City. MR. BITTNER: Well, remember, I told you that Outlook Media has never submitted to the City, nor have they submitted to you in this record the purported agreement between Outlook and Carter. That is what this Exhibit G referred to. What I was referring to was the settlement agreement between Carter and the City of Miami, to which Outlook Media is not a party. MR. SHIVER: I got you. Hold one second, and I'm almost finished. Where is your agreement? MR. ECHEMENDIA: Our agreement -- you could take judicial notice, because there's Outlook Media of South Florida versus Carter Pritchett, which is Case Number 10 -- MR. SHIVER: Could you just show me in an exhibit? We've got exhibits from MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0x'21 1 3 c3 IN °- �f 22 M ', n 0 0Q 3r 23 n � c a M o . oco0M 24 1 n 3~ 7 0 Cr 25 zn 31 agreement that I didn't see initially. So you pointed us to agreement that we didn't see. And then you said the mediation, either party can seek mediation, including the City. MR. BITTNER: Well, remember, I told you that Outlook Media has never submitted to the City, nor have they submitted to you in this record the purported agreement between Outlook and Carter. That is what this Exhibit G referred to. What I was referring to was the settlement agreement between Carter and the City of Miami, to which Outlook Media is not a party. MR. SHIVER: I got you. Hold one second, and I'm almost finished. Where is your agreement? MR. ECHEMENDIA: Our agreement -- you could take judicial notice, because there's Outlook Media of South Florida versus Carter Pritchett, which is Case Number 10 -- MR. SHIVER: Could you just show me in an exhibit? We've got exhibits from MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 ' 1 1 2 3 4 1 5 6 1 7 1 8 9 10 11 12 13 18 14 ' 15 ' 16 1 17 18 19 ' 20 21 �« N 3 0 Cr 22 '-'23 e o, 0 0CL 0 24 n3 , �= O a 25 1 `0 1� S n• 32 both parties. Just guide me to Exhibit A, B, C, D, E, G, F, that's your agreement between Outlook and Carter, please. MR. ECHEMENDIA: And, Mr. Shiver, you can -- you can -- and there is an agreement that is currently in litigation. MR. SHIVER: Apparently there's an agreement that's what you were -- MR. ECHEMENDIA: It's referred to in the Hogan & Hartson letter. Clearly, we wouldn't be here if there weren't an agreement. That agreement is a public record. It's in circuit court currently attached as an appendix. And we didn't attach it to this hearing, because we didn't believe -- we have standing under Renard. The test is whether you're an interested party. I could be a citizen of the City of Miami and have filed an appeal on these six applications. MR. SHIVER: Hold on one second, because I'm going to turn it back over, because I'm going to let you do your presentation. Let me tell you why that bothers me. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r 0 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 1 33 I think you -- I think Warren may have gotten you off the hook on the things I was concerned about, but you've been here before. We've been here before. And you should have known what this Board was looking for, because we had similar issues with you at a prior case. And some of the arguments I hear today are the same arguments I heard in the previous hearing, right, that their agreement was between another party. There's no agreement between you and that party. I think that marriage was broken at the last hearing where the party actually came out and said they want nothing to do with you. So my question was real simple. If there is an agreement, and you said take judicial notice, give me a document that I can then explain to my Board members what judicial.notice is and what the document purports to say. So can you give me a document suggesting that there's an agreement where you, Outlook, could stand in the shoes of Carter to then earn benefits and rights under the settlement MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 --- 20 �M� ^ rr 3 21 ^hrt CL o a 22 E G D 3 3 rt n - g, 5 0 23 -<Xoocn«� n3X3-0 24 A � o Cr ^ 25 1� 1 33 I think you -- I think Warren may have gotten you off the hook on the things I was concerned about, but you've been here before. We've been here before. And you should have known what this Board was looking for, because we had similar issues with you at a prior case. And some of the arguments I hear today are the same arguments I heard in the previous hearing, right, that their agreement was between another party. There's no agreement between you and that party. I think that marriage was broken at the last hearing where the party actually came out and said they want nothing to do with you. So my question was real simple. If there is an agreement, and you said take judicial notice, give me a document that I can then explain to my Board members what judicial.notice is and what the document purports to say. So can you give me a document suggesting that there's an agreement where you, Outlook, could stand in the shoes of Carter to then earn benefits and rights under the settlement MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r_ I1 1 2 1 3 4 1 5 6 1 7 1 8 ' Ll u 34 agreement. That's all I'm asking you. MR. ECHEMENDIA: Sir -- and let me answer your question the best that I could. BOARD MEMBER SHIVER: Please do. MR. ECHEMENDIA: I'm represented by counsel here and I could testify as to facts. And I'm sworn, and I will under oath attest to you that there is an agreement between Outlook Media of South Florida and Carter Prichett, the nature of which involves the seven applications that are on appeal, pursuant to which -- no, I understand, but I'm testifying as a matter of fact that there is an agreement. And my testimony -- MR. SHIVER: Thank you. Thank you, Mr. Chair, for your time. CHAIRMAN PINA: Okay. Mr. Garavaglia. MS. FORGES: Please note Mr. Berlin is present. CHAIRMAN PINA: Please note -- anyone that's going to speak on any items tonight, please stand up, raise your right MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 9 1 10 11 1 12 I13 14 1 15 16 17 ' 18 19' 1 20 21 30� I � 3 ^. NCL22 �► _' M >o0a e y F 23 n-+�M h ° o00 o h M 24 o 25 Ll u 34 agreement. That's all I'm asking you. MR. ECHEMENDIA: Sir -- and let me answer your question the best that I could. BOARD MEMBER SHIVER: Please do. MR. ECHEMENDIA: I'm represented by counsel here and I could testify as to facts. And I'm sworn, and I will under oath attest to you that there is an agreement between Outlook Media of South Florida and Carter Prichett, the nature of which involves the seven applications that are on appeal, pursuant to which -- no, I understand, but I'm testifying as a matter of fact that there is an agreement. And my testimony -- MR. SHIVER: Thank you. Thank you, Mr. Chair, for your time. CHAIRMAN PINA: Okay. Mr. Garavaglia. MS. FORGES: Please note Mr. Berlin is present. CHAIRMAN PINA: Please note -- anyone that's going to speak on any items tonight, please stand up, raise your right MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C C u u u n G u u u L' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 35 hand to be sworn in on any of the items. MS. FORGES: Do you solemnly swear or affirm the testimony you're about to give is the truth, the whole truth and nothing but the truth? Your answer, please. COLLECTIVELY: I do. MS. FORGES: Thank you. CHAIRMAN PINA: Thank you. Mr. Garavaglia. VICE CHAIR GARAVAGLIA: A question to the City. Clause A, where you reference the dispute, resolution, mediation, arbitration, et cetera, et cetera, would you find that Outlook is bound by that clause? MR. BITTNER: I would say that if Outlook is claiming standing as a result of the Carter -- agreement they have with Carter, then their position is no better than Carter's when they come before you, and Carter must submit all disputes to mediation and arbitration. And you'll note today -- tonight that what they are appealing is the City's denial of MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 1 20 ��. A. 21 3 0 3 a =: h 22 c, o c a D e ;r 23 n o a m n r+ !�3 �3 24 0 25 35 hand to be sworn in on any of the items. MS. FORGES: Do you solemnly swear or affirm the testimony you're about to give is the truth, the whole truth and nothing but the truth? Your answer, please. COLLECTIVELY: I do. MS. FORGES: Thank you. CHAIRMAN PINA: Thank you. Mr. Garavaglia. VICE CHAIR GARAVAGLIA: A question to the City. Clause A, where you reference the dispute, resolution, mediation, arbitration, et cetera, et cetera, would you find that Outlook is bound by that clause? MR. BITTNER: I would say that if Outlook is claiming standing as a result of the Carter -- agreement they have with Carter, then their position is no better than Carter's when they come before you, and Carter must submit all disputes to mediation and arbitration. And you'll note today -- tonight that what they are appealing is the City's denial of MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 P. n H r u LI 1 2 3 4 5 6 7 8 9 10 11 12 13 14 1 15 36 applications to Carter. Well, Carter has never appealed. It's just these third party -- VICE CHAIR GARAVAGLIA: Before you go on. So Outlook, on its own, can or cannot cite this clause as an opportunity for -- to travel under this clause? MR. BITTNER: If Outlook has an agreement with Carter that requires Carter to do things, they could require Carter to submit this to mediation and arbitration to the City, but Carter has not done so. VICE CHAIR GARAVAGLIA: All right, let's assume for a second that there is no agreement. Can Outlook ask that this clause be invoked in terms of mediation? MR. BITTNER: No, no, because then they would have no rights, no -- they wouldn't have no relationship to the City Carter agreement. But they are coming here, by virtue of their own notice of appeal, by saying that they are an aggrieved party only because they have a contract with Carter, who never appealed. MR. ECHEMENDIA: And that's not what MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 16 1 17 1 18 19 1 20 f D 21 _INa ' � ��•�, 22 p °. o ' ' 23 rt S p rt Ort na = off'ID 24 Tn 25 36 applications to Carter. Well, Carter has never appealed. It's just these third party -- VICE CHAIR GARAVAGLIA: Before you go on. So Outlook, on its own, can or cannot cite this clause as an opportunity for -- to travel under this clause? MR. BITTNER: If Outlook has an agreement with Carter that requires Carter to do things, they could require Carter to submit this to mediation and arbitration to the City, but Carter has not done so. VICE CHAIR GARAVAGLIA: All right, let's assume for a second that there is no agreement. Can Outlook ask that this clause be invoked in terms of mediation? MR. BITTNER: No, no, because then they would have no rights, no -- they wouldn't have no relationship to the City Carter agreement. But they are coming here, by virtue of their own notice of appeal, by saying that they are an aggrieved party only because they have a contract with Carter, who never appealed. MR. ECHEMENDIA: And that's not what MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C 0 11 n n 0 1 L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 37 we're saying. If I may, Mr. Chair, this is important. CHAIRMAN PINA: Mr. Echemendia, give me one second. MR. ECHEMENDIA: I haven't had an opportunity on the Motion to Dismiss. CHAIRMAN PINA: Give me one second. You'll be able to speak. This looks a lot like the other case, and that's why you brought CBS up, I guess. MR. ECHEMENDIA: And you heard it. CHAIRMAN PINA: Because this has to do with traveling through someone else's application. MR. URUQUIOLA: Right. MR. ECHEMENDIA: Could I clarify, Mr. Chairman? CHAIRMAN PINA: Please. MR. ECHEMENDIA: Let me speak -- let me speak to.the Motion to Dismiss, because I believe that Mr. Garavaglia hit on something that's very important, and, Mr. Bittner, who's a bright guy, was really kind of skirting the issue. MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 _- 21 fD� Q� 22 � n ' 3 fD o c ° 23 " j 3 . 0 s 24 1 o o o�� 25 o 3 S n 37 we're saying. If I may, Mr. Chair, this is important. CHAIRMAN PINA: Mr. Echemendia, give me one second. MR. ECHEMENDIA: I haven't had an opportunity on the Motion to Dismiss. CHAIRMAN PINA: Give me one second. You'll be able to speak. This looks a lot like the other case, and that's why you brought CBS up, I guess. MR. ECHEMENDIA: And you heard it. CHAIRMAN PINA: Because this has to do with traveling through someone else's application. MR. URUQUIOLA: Right. MR. ECHEMENDIA: Could I clarify, Mr. Chairman? CHAIRMAN PINA: Please. MR. ECHEMENDIA: Let me speak -- let me speak to.the Motion to Dismiss, because I believe that Mr. Garavaglia hit on something that's very important, and, Mr. Bittner, who's a bright guy, was really kind of skirting the issue. MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 H, 0 H, 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 38 Mr. Bittner has argued that we cannot avail ourselves of the settlement agreement. On the one hand, we can't avail ourselves of the settlement agreement because we are a third party beneficiary, and, by the same token, we can't file an appeal and we don't have standing even though we have leases. There's an agreement with Carter pursuant to which they get a few, we get a few. There are leases. And the agreement said that they would apply, and indeed they filed an appeal. They haven't withdrawn. What they've submitted is a letter saying that we don't represent them. We don't purport to represent them. We're representing Outlook Media of South Florida, but this is a joke. I mean, the fact is, respectfully, Mr. Bittner, who's a litigator, and he's a very good one -- well, let me -- I'm sorry, I don't mean Mr. Bittner. Let me just stick to the merits, and I apologize and I say this with respect. If I were your counsel, what I would -- and Gil is MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 19 20 21 ir 3 0 3 22 n N a 3 �3ca 23 D 3 � c ° 24 c o c MM s o0 o A o i r 25 1A oCr r — 3 S n• 1 38 Mr. Bittner has argued that we cannot avail ourselves of the settlement agreement. On the one hand, we can't avail ourselves of the settlement agreement because we are a third party beneficiary, and, by the same token, we can't file an appeal and we don't have standing even though we have leases. There's an agreement with Carter pursuant to which they get a few, we get a few. There are leases. And the agreement said that they would apply, and indeed they filed an appeal. They haven't withdrawn. What they've submitted is a letter saying that we don't represent them. We don't purport to represent them. We're representing Outlook Media of South Florida, but this is a joke. I mean, the fact is, respectfully, Mr. Bittner, who's a litigator, and he's a very good one -- well, let me -- I'm sorry, I don't mean Mr. Bittner. Let me just stick to the merits, and I apologize and I say this with respect. If I were your counsel, what I would -- and Gil is MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 u n 0 n C C L u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 1 17 1 18 19 20 -M-H 21 . v 3 om a °r+ 22 23 ° 24 T C '* S 00 o w o c 25 ° a ° z K 111 39 here, who does City boards all the time, I would urge you, in an abundance of caution, to hear it on the merits, because you have nothing to lose, as opposed to -- they're trying to do what I'm suggesting this is all about, a deprivation of procedural due process. Under Renard, which is the classic case on standing, all that you have to be is an affected party. Forget -- the settlement agreement has nothing to do with it. We're not here on behalf of Carter. We're here on behalf of three applications pursuant to which -- I'm sorry, seven, pursuant to which we have an interest, and some of which were going to be assigned to us, subject to City Commission approval, which agreement is currently in litigation sustaining this appeal. And one of the things that we're requesting in the litigation is specific performance that they join in the appeal. And so we believe we -- as clearly as a matter of law, we have standing and we rather you just get into the merits and we MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 r n n 1 0 u C 2 iz 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 - -rt 3 N 0 cr 22 3 H: ^ IN c 23 0,0 �oC- 0 v rt ' ' 24 P1 0' A C S 0'6 rt n3 °;�-a m 25 � c g c C Cr 40 can dispense with the issue on the merits. CHAIRMAN PINA: I'm going to let you speak, but going back to the subject matter, Carter is the applicant? MR. BITTNER: Yes. CHAIRMAN PINA: There's a settlement agreement between Carter and the City? MR. BITTNER: Yes. .CHAIRMAN PINA: Mr. Echemendia, who represents Outlook, who's part of Outlook, claims that he has some type of interest in that. MR. BITTNER: Yes. CHAIRMAN PINA: Carter has said I'm backing off; I'm done with the City practically, in practical purposes. MR. ECHEMENDIA: No, they haven't -- CHAIRMAN PINA: In the sense -- in the sense that they would be here. MR. ECHEMENDIA: Right. Correct. CHAIRMAN PINA: Applying with you? MR. BITTNER: Yes. MR. ECHEMENDIA: Correct. CHAIRMAN PINA: In this hearing. MR. BITTNER: For the purposes of MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 HI L� 1 2 3 4 5 M 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 u 41 this appeal CHAIRMAN PINA: For the purposes of this particular hearing. MR. BITTNER: -- they have not appealed. CHAIRMAN PINA: They have not appealed this particular hearing. Okay, that's basically simple, plain language. MR. ECHEMENDIA: And there is an appeal in D by Carter, which is an ample appeal by Carter on all of the same issues that are before you. That was on the verbal denial by Carter. You have an appeal. And so back on the standing issue, your code 1800 says any affected party, independent of whether there's an agreement or not. I mean, that's almost suggesting that the neighbors, who are here today, don't have standing to appear in front of you. CHAIRMAN PINA. Okay. MR. ECHEMENDIA: It's the same thing. BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, we have now spent about 50 minutes MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 � M c- 21 c 3 ".him 22 �+ 0 o D ' 23 S n3 90 -Mo 24 p C ' Sr � 25 u 41 this appeal CHAIRMAN PINA: For the purposes of this particular hearing. MR. BITTNER: -- they have not appealed. CHAIRMAN PINA: They have not appealed this particular hearing. Okay, that's basically simple, plain language. MR. ECHEMENDIA: And there is an appeal in D by Carter, which is an ample appeal by Carter on all of the same issues that are before you. That was on the verbal denial by Carter. You have an appeal. And so back on the standing issue, your code 1800 says any affected party, independent of whether there's an agreement or not. I mean, that's almost suggesting that the neighbors, who are here today, don't have standing to appear in front of you. CHAIRMAN PINA. Okay. MR. ECHEMENDIA: It's the same thing. BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, we have now spent about 50 minutes MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 0 1 2 3 4 5 6 7 8 10 11 12 13 14 15 W -A 17 18 19 20 ro 42 arguing whether we're going to listen to the case or not. BOARD MEMBER URQUIOLA: With the same thing. BOARD MEMBER HERNANDEZ-ACOSTA: Is it proper to take a vote to decide whether we're going to listen to the case, so that we can go ahead and listen or not listen to it so that -- CHAIRMAN PINA: Mr. Berlin. BOARD MEMBER BERLIN: I'll make a motion. BOARD MEMBER URQUIOLA: We already -- we already took half hour. CHAIRMAN PINA: All right, one at a time, please, through the Chair. Mr. Berlin, would you like to make a motion whether or not to hear the case? BOARD MEMBER BERLIN: I think the parties have demonstrated standing, and I'd like to make a motion to hear -- to proceed and hear the case. CHAIRMAN PINA: Motion by Mr. Berlin. Second by -- BOARD MEMBER URQUIOLA: What is the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 ;; N 3 0 C 21 M.r 22 �0oa D 3o A � 23 f1 � S T O = fD : �39* m 24 ? ^ 25 ro 42 arguing whether we're going to listen to the case or not. BOARD MEMBER URQUIOLA: With the same thing. BOARD MEMBER HERNANDEZ-ACOSTA: Is it proper to take a vote to decide whether we're going to listen to the case, so that we can go ahead and listen or not listen to it so that -- CHAIRMAN PINA: Mr. Berlin. BOARD MEMBER BERLIN: I'll make a motion. BOARD MEMBER URQUIOLA: We already -- we already took half hour. CHAIRMAN PINA: All right, one at a time, please, through the Chair. Mr. Berlin, would you like to make a motion whether or not to hear the case? BOARD MEMBER BERLIN: I think the parties have demonstrated standing, and I'd like to make a motion to hear -- to proceed and hear the case. CHAIRMAN PINA: Motion by Mr. Berlin. Second by -- BOARD MEMBER URQUIOLA: What is the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ' 17 ' 18 19 1 �+ 20 f°a 3 0 Cr V 3 N: n- ; 21 INV MD n a 22 D 3 7 7 �o o M o < o 23 3 90 3 M � f° N 24 o r+ 25 1 1 43 motion? CHAIRMAN PINA: To hear the case. Second by Mr. -- VICE CHAIR GARAVAGLIA: Second. CHAIRMAN PINA: -- Garavaglia. Roll call, please. MS. FORGES: Mr. Berlin? BOARD MEMBER BERLIN: Yes. MS. FORGES: Mr. Garavaglia? VIE CHAIR GARAVAGLIA: Yes. MS. FORGES: Mr. Shiver? MR. SHIVER: Yes. MS. FORGES: Mr. Urquiola? BOARD MEMBER URQUIOLA: Yes. MS. FORGES: Ms. Hernandez? BOARD MEMBER HERNANDEZ-ACOSTA: Yes. MS. FORGES: And Chair Pina? CHAIRMAN PINA: Yes, ma'am. MS. FORGES: Motion passes unanimously. CHAIRMAN PINA: All right, Mr. Echemendia. MR. ECHEMENDIA: I think you probably need a break from me, so let me have Bob represent me for a little bit and then -- MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u 1 2 3 4 5 6 7 8 9 10 11 12 ' 13 14 1 15 16 1 17 ' 18 19 20 �eDr 3 21 'C N N °' 22 afD 23 T o"'* ^����•0 , o r+ Cr 24 s ^ 25 1� I 'I BOARD MEMBER BERLIN: Yes. CHAIRMAN PINA: No problem. Just try, in a vote of timing, I mean, we do have a good crowd here tonight. As a courtesy to others, if you can just be brief, I think everyone understands where you're coming from. MR. DE LA FUENTE: Yes, Mr. Chair, Members of the Board, Bob De La Fuente again. I will be brief, just to get everyone back on track as to the merits and why we are here today. There was a denial that was made by the Zoning Administrator on December 16, 2009, specifically she'd said that the City declines to signoff on the six FDOT applications for outdoor advertisement signs submitted by Carter. The denial is not specific, but provides the following general grounds: There's no entitlement under the zoning ordinance; there's no entitlement under Carter settlement agreement with the City and she also said that there's no entitlement under the thousand foot pilot MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 45 program. We disagree with those general grounds, and we would probably disagree with more specific grounds had they been provided. Our position is as follows: The zoning ordinance, under Section 10.4.5 specifically does permit outdoor advertising signs pursuant to a settlement agreement with the City, as you all are aware of. Carter and the City, as Mr. Bittner has explained, they do have a settlement agreement from August 2003. The pilot program, not adopted until after these applications were filed. So, therefore, there's no zoning in progress in the City. Pilot program doesn't even apply in this case. We also take the position the City is estopped from denying these permits, because it has previously approved at least five other outdoor advertising permits from Carter. The subject applications meet the applicable requirements, just as the five previously MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 17 ' 18 19 20 n 3 cr , 3 21 1 r N r+ 3 o� o c CL 22 D 3 3 ?om 3r+ mO 23 c s n3 000 �Non� 24 O 1 25 45 program. We disagree with those general grounds, and we would probably disagree with more specific grounds had they been provided. Our position is as follows: The zoning ordinance, under Section 10.4.5 specifically does permit outdoor advertising signs pursuant to a settlement agreement with the City, as you all are aware of. Carter and the City, as Mr. Bittner has explained, they do have a settlement agreement from August 2003. The pilot program, not adopted until after these applications were filed. So, therefore, there's no zoning in progress in the City. Pilot program doesn't even apply in this case. We also take the position the City is estopped from denying these permits, because it has previously approved at least five other outdoor advertising permits from Carter. The subject applications meet the applicable requirements, just as the five previously MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 u 0 0 k 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 approved applications met the applicable requirements at that time. Additionally, there are equitable reasons to grant this appeal. Outlook Media has, in good faith, dealt with the City on a number of issues. As Mr. Echemendia alluded to earlier, there were some other issues that related to the withdrawal of an earlier appeal. On September 29, 2009, Outlook had filed an appeal of this Board's decision regarding the renewal of 10 different outdoor advertising signs that are not the subject of this appeal. That's under Exhibit C of your packet. You'll see that Outlook specifically agreed to withdraw that appeal subject to the processing of the applications that are before you today. This was the item that Mr. Echemendia was talking about where the City oddly asked that CBS also consent to withdraw when they'd objected from the beginning. This offer was followed up on with subsequent meetings with the City. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 ' 20 rt�r+21 r_ 3 0 3 �- INV 22 yam;; 23 .<o 000c M 24 (A 25 25 �3 zn 1 approved applications met the applicable requirements at that time. Additionally, there are equitable reasons to grant this appeal. Outlook Media has, in good faith, dealt with the City on a number of issues. As Mr. Echemendia alluded to earlier, there were some other issues that related to the withdrawal of an earlier appeal. On September 29, 2009, Outlook had filed an appeal of this Board's decision regarding the renewal of 10 different outdoor advertising signs that are not the subject of this appeal. That's under Exhibit C of your packet. You'll see that Outlook specifically agreed to withdraw that appeal subject to the processing of the applications that are before you today. This was the item that Mr. Echemendia was talking about where the City oddly asked that CBS also consent to withdraw when they'd objected from the beginning. This offer was followed up on with subsequent meetings with the City. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 F-111, u L C M Kz 4 5 6 7 8 9 10 11 12 13 14 15 16 17 t18 19 ��.20 M �3n3'21 MM Cr LA �• C1 3 M v o$ n 22 31 c 23 C M 190 -0 A� � 24 o� 25 I 'I I 47 October 5th, Carter representatives, City Manager, Pieter Bockweg and the City Attorney's Office all met with Outlook, and Outlook was told that, subject to the CBS consent of the appeal withdrawal, the City would process the applications again. The applications were still not processed, resulting in Carter filing an appeal. So they did file an appeal of this same denial, but they filed one based on a verbal denial, as Mr. Echemendia had alluded to. The City had told them that the applications had not been approved. So they filed an appeal, which was subsequently determined to be not ripe by the City, and those are contained in your packet as well. As of November 24, 2009, the City had still not processed the subject applications. This was acknowledged in e-mail that's Exhibit I in your packet. So, in a nutshell, Outlook detrimentally relied on the City's representation. They withdrew their appeal. They thought that their MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 n l' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 il applications were going to be timely processed, and they weren't. Here we are today. They're ambiguous reasons offered by the City ultimately, in the very short denial that you see in your packet, but frankly, they didn't make sense and they're not legitimate grounds for denial. The Zoning Administrator improperly denied the subject applications. The zoning ordinance specifically does allow Outdoor advertising signs if they're pursuant to a settlement agreement with the City. Carter has a settlement agreement with the City. Outlook has an agreement with Carter regarding these specific sites. And the pilot program wasn't in effect at the time. So we would ask that you reverse the zoning administrator's decision. CHAIRMAN PINA: Okay. One second, please. Zoning. MR. BOCKWEG: Good evening. What I'll do is, I'll let you know why we MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 20 21 .a3o3 1 4A _ IN Q1 22 a o D 3 a n�Am 0 23 0o O N 3 C 24 N C Q ' ' = " 1 25 1� 1 il applications were going to be timely processed, and they weren't. Here we are today. They're ambiguous reasons offered by the City ultimately, in the very short denial that you see in your packet, but frankly, they didn't make sense and they're not legitimate grounds for denial. The Zoning Administrator improperly denied the subject applications. The zoning ordinance specifically does allow Outdoor advertising signs if they're pursuant to a settlement agreement with the City. Carter has a settlement agreement with the City. Outlook has an agreement with Carter regarding these specific sites. And the pilot program wasn't in effect at the time. So we would ask that you reverse the zoning administrator's decision. CHAIRMAN PINA: Okay. One second, please. Zoning. MR. BOCKWEG: Good evening. What I'll do is, I'll let you know why we MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 4 5 C. 7 8 ti� 10 11 12 13 14 15 16 17 18 19 denied the permits and I guess address them -- their points later. When I get a -- let me go through quick a procedural thing, what I do when I get a permit in front of me. When I get FDOT permit in front of me, I do three things. First, I look at our zoning ordinance, which by now, you're all very well aware. All billboards in the City of Miami are illegal unless by way of a settlement agreement. There are currently three settlement agreements: Clear Channel, Carter and CBS. Under the ordinance, there has to be a net reduction overall in the inventory of the billboards within the City of Miami. Now, the next thing I do is I look at the settlement agreement. In this particular case, I looked at Carter settlement agreement. And I'd like to focus -- have you focus on Page 6 of the settlement agreement, Tab E, paragraph 8. And what I'd like to do is walk you MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 20 21 3 o3 22 `-' 3 ' M 23 o, ? c a o o 24 o ._r = 2.0 5 -a 25 `" C �. C T� 'I i denied the permits and I guess address them -- their points later. When I get a -- let me go through quick a procedural thing, what I do when I get a permit in front of me. When I get FDOT permit in front of me, I do three things. First, I look at our zoning ordinance, which by now, you're all very well aware. All billboards in the City of Miami are illegal unless by way of a settlement agreement. There are currently three settlement agreements: Clear Channel, Carter and CBS. Under the ordinance, there has to be a net reduction overall in the inventory of the billboards within the City of Miami. Now, the next thing I do is I look at the settlement agreement. In this particular case, I looked at Carter settlement agreement. And I'd like to focus -- have you focus on Page 6 of the settlement agreement, Tab E, paragraph 8. And what I'd like to do is walk you MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 1 1 2 ' 3 1 4 1 5 6 ' 7 50 through this paragraph so that you have an understanding of what I go through when I have an application in front of me. And I'll read this out loud and walk you through it step by step. MR. ECHEMENDIA: Could you repeat that, Pieter? I'm sorry, I didn't get that. This is your packet. What tab? MR. BOCKWEG: E, Tab E, page 6, paragraph 8. Replacement and Relocation of Signs. Under the terms of the Carter settlement agreement, unlike the other settlement agreements, they're solely based on relocation. They do not have a two for one takedown requirements. So when I get an FDOT application from them, I read the following paragraph: "In the event it becomes necessary" -- what that means to me is that they have to show a necessity to be able to relocate a sign when they bring a permit to me. Now, those necessities could be a couple things. Two examples of those could be if a building gets built in front of the billboard. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 8 ' 9 ' 10 11 ' 12 ' 13 14 ' 15 16 1 17 1 18 19 20 --- 21 - 1 c X30 22 n Its, N ° O1' 23 o 0 2- a c ' o 142, 24 c 0o p M 25 �0 g S n' i 50 through this paragraph so that you have an understanding of what I go through when I have an application in front of me. And I'll read this out loud and walk you through it step by step. MR. ECHEMENDIA: Could you repeat that, Pieter? I'm sorry, I didn't get that. This is your packet. What tab? MR. BOCKWEG: E, Tab E, page 6, paragraph 8. Replacement and Relocation of Signs. Under the terms of the Carter settlement agreement, unlike the other settlement agreements, they're solely based on relocation. They do not have a two for one takedown requirements. So when I get an FDOT application from them, I read the following paragraph: "In the event it becomes necessary" -- what that means to me is that they have to show a necessity to be able to relocate a sign when they bring a permit to me. Now, those necessities could be a couple things. Two examples of those could be if a building gets built in front of the billboard. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 D n 1 1 2 3 4 5 6 7 E:l 9 10 11 12 13 14 15 1y 17 18 19 20 51 That, to me, is a necessity. They're allowed to relocate it. If for some reason their lease expires, and they can't renew it, they are able to relocate it. Those are just two examples of necessity that I look at. For Carter to replace any signs listed on Exhibit C. Now, Exhibit C in the agreement, which is in the end of the agreement, under the terms of the agreement, these are the only ones they're allowed to relocate -- well, let me backup. They're allowed to relocate under the terms of the agreement the signs in Exhibit B, but only until December 31st of 2008. Obviously that has expired, so they're irrelevant. They're only allowed to relocate the signs on Exhibit C. If you will see on the piece of paper that I handed out to you prior to the meeting Carter's relocation plan. There are two signs on there, Number 1 and Number 2. Both of those locations are listed on Exhibit A. Under the terms of the settlement MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 21 ' - 22 3 0 3 LA 23 IN D CL , ; 24 o (D o c c== 25 n 3 0Oo `° v � r, o � s n 1. 51 That, to me, is a necessity. They're allowed to relocate it. If for some reason their lease expires, and they can't renew it, they are able to relocate it. Those are just two examples of necessity that I look at. For Carter to replace any signs listed on Exhibit C. Now, Exhibit C in the agreement, which is in the end of the agreement, under the terms of the agreement, these are the only ones they're allowed to relocate -- well, let me backup. They're allowed to relocate under the terms of the agreement the signs in Exhibit B, but only until December 31st of 2008. Obviously that has expired, so they're irrelevant. They're only allowed to relocate the signs on Exhibit C. If you will see on the piece of paper that I handed out to you prior to the meeting Carter's relocation plan. There are two signs on there, Number 1 and Number 2. Both of those locations are listed on Exhibit A. Under the terms of the settlement MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 52 agreement, they cannot relocate those signs. Let me get you back to the paragraph 8. The City will authorize Carter to replace such signs on the same site, so on the same location that it is previously constructed, for whatever reason, same address, same area, or to relocate such a sign within an allowed geographical location in the same zoning district. Now, how I read that is that they would have to relocate a sign. If it's a property that's C-1, they're going to have to relocate it to another C-1 zoned property. When I got these applications, they did not provide me the proper documentation to show that zoning is the same for all the properties. Let me continue with that paragraph, same zoning district. According to relocation standards to be adopted by the City consistent with this agreement. Truthfully, we have not at this point adopted any relocation standards, however, we use these criteria here that I just MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 ' 18 19 1 20 21 � fcr 3 0 a3 N: IN 22 n Ix ; > 23 c � o 24 ' o 3 0 c -o fD�0.2-In i� 25 �Z >: 52 agreement, they cannot relocate those signs. Let me get you back to the paragraph 8. The City will authorize Carter to replace such signs on the same site, so on the same location that it is previously constructed, for whatever reason, same address, same area, or to relocate such a sign within an allowed geographical location in the same zoning district. Now, how I read that is that they would have to relocate a sign. If it's a property that's C-1, they're going to have to relocate it to another C-1 zoned property. When I got these applications, they did not provide me the proper documentation to show that zoning is the same for all the properties. Let me continue with that paragraph, same zoning district. According to relocation standards to be adopted by the City consistent with this agreement. Truthfully, we have not at this point adopted any relocation standards, however, we use these criteria here that I just MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 53 1 outlined as part of the relocations when I get an FDOT form from Carter. Now, the other thing that I looked at, and when these applications were submitted, they were -- these are all a thousand foot applications. What that means is that the distance requirement with FDOT has always been 1500 feet apart. FDOT had passed a bill allowing a pilot program here in the City of Miami and two other municipalities or counties, for that matter, in the State of Florida to allow spacing to be a thousand feet. It is true that we had not approved the thousand foot pilot program when we got these applications, so I could not approve thousand foot spacings, because they would be illegal. Now, what I'd like to do is go through, on their appeal, which Mr. Bittner had showed you, go through each location and what is the current status of those locations, as I understand them. Contemporary Contractors, letter A. On May 8 -- May 2008, sorry, Outlook MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 IJ 2 3 1�� 4 5 6 I7 II 8 J 9 I� 10 11 l I.l 12 Il 13 1 14 IJ 15 16 Il 17 1 18 19 1 20 21 3 Cr ° 3 22 W n N IM a rr 0r ° m0 0 °_ 23 3 e-, -1 1,° ° 24 o o si 1 3oN 00 o 0 � g c 25 1 S A 53 1 outlined as part of the relocations when I get an FDOT form from Carter. Now, the other thing that I looked at, and when these applications were submitted, they were -- these are all a thousand foot applications. What that means is that the distance requirement with FDOT has always been 1500 feet apart. FDOT had passed a bill allowing a pilot program here in the City of Miami and two other municipalities or counties, for that matter, in the State of Florida to allow spacing to be a thousand feet. It is true that we had not approved the thousand foot pilot program when we got these applications, so I could not approve thousand foot spacings, because they would be illegal. Now, what I'd like to do is go through, on their appeal, which Mr. Bittner had showed you, go through each location and what is the current status of those locations, as I understand them. Contemporary Contractors, letter A. On May 8 -- May 2008, sorry, Outlook MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 J 54 submitted this application on behalf of CBS. If you recall, we were before you six months to a year ago to discuss that matter, how they were running under the CBS settlement agreement, and so they submitted on behalf of CBS. When those applications expired, we did not renew, and subsequently Outlook Media appealed. They lost their appeal. They subsequently submitted the old expired FDOT forms to FDOT, which is now under appeal with FDOT, which is my understanding. Number -- letter B, GT Used Trucks. This permit actually is still active with CBS under their settlement agreement. So I do not see how I can approve the same site or have Lourdes for two different companies. The same goes with letter C, Brickell Village Landing Company, not to mention that location also conflicts with a previously approved site, which is Jose Marti Park. Now, under the terms of.the thousand foot spacing ordinance, we do not MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 1 4 ' 5 6 1 7 1 8 9 ' 10 11 12 13 14 1 15 16 ' 17 ' 18 19 1 20 3 0Cr d. 21 to ^' _ N o+ m 22 CU e a o a D 3 a 23 n�A o 0 ;n3 °F,°3� 24 o ' 25 I I 1 _ 54 submitted this application on behalf of CBS. If you recall, we were before you six months to a year ago to discuss that matter, how they were running under the CBS settlement agreement, and so they submitted on behalf of CBS. When those applications expired, we did not renew, and subsequently Outlook Media appealed. They lost their appeal. They subsequently submitted the old expired FDOT forms to FDOT, which is now under appeal with FDOT, which is my understanding. Number -- letter B, GT Used Trucks. This permit actually is still active with CBS under their settlement agreement. So I do not see how I can approve the same site or have Lourdes for two different companies. The same goes with letter C, Brickell Village Landing Company, not to mention that location also conflicts with a previously approved site, which is Jose Marti Park. Now, under the terms of.the thousand foot spacing ordinance, we do not MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u i L L r r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 55 have the right to regulate spacing. And because I have applications, when I do have an application coming in for a thousand foot spacing, I require a spacing survey, but this site conflicts with a previously approved permit that I approved -- that our Zoning Administrator approved for CBS, which is Jose Marti Park. So I cannot approve this site. The same goes for D. D, which is actually currently, which will be heard under appeal on Thursday in front of the City Commission, which Outlook Media is also appealing our decision which came before you, which you had denied the. appeal and now he appealed that decision and we're hearing that case on Thursday, I cannot move forward with this until there's some conclusion as to what is happening in that location. Letter E. Letter E conflicts -- I'm sorry, Little Old River Real Estate -- Little Old Real Estate. E conflicts with a previously approved FDOT form that we signed for CBS, which is the Carello site. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 20 3 o 3 I.0 a 21 3 22 D A 3 3 3 '* 1 f'1 h 23 3 F; 3 n a 24 � s � 25 55 have the right to regulate spacing. And because I have applications, when I do have an application coming in for a thousand foot spacing, I require a spacing survey, but this site conflicts with a previously approved permit that I approved -- that our Zoning Administrator approved for CBS, which is Jose Marti Park. So I cannot approve this site. The same goes for D. D, which is actually currently, which will be heard under appeal on Thursday in front of the City Commission, which Outlook Media is also appealing our decision which came before you, which you had denied the. appeal and now he appealed that decision and we're hearing that case on Thursday, I cannot move forward with this until there's some conclusion as to what is happening in that location. Letter E. Letter E conflicts -- I'm sorry, Little Old River Real Estate -- Little Old Real Estate. E conflicts with a previously approved FDOT form that we signed for CBS, which is the Carello site. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C F" n n n 1 0 1 2 3 M 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 o M c 21 � 3 0 22 co 23 3 o 24 1 n 3 3 C � 0 25 3 S n 1 I 1 Again, I cannot approve one that is currently active and is already signed on. And the last one F, is under the same -- it's my understanding, under the same terms as A, which is now under appeal with FDOT. Now, there's one other thing that I'd like to mention, which was kind of strange to me, was that I was not able to verify -- as you remember, when I read you paragraph 8, that needs to be the same zoning of the properties. I was actually not able to verify, on that piece of paper that I had handed out to you earlier, the relocation plan. I was not able to verify the zoning for three through seven, not by folio number or address. So that is something that I'm going to have to look at, but I could not verify. That I know under the terms of the settlement agreement, I would have to -- they would have to be the same zoning as part of the requirements to relocate. I'm happy to answer any questions that you guys might have. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 4 5 M 7 8 9 10 11 ' 12 ' 13 14 1 15 16 1 17 1 18 19 1 20 Mn21 -�, � 3 0 3 0 n•^'3�'22 Q1„ 0! 3 a Dom � c 23 n p o A 00 s 3 f9 -O 24 '0 C 1 3 s 25 57 BOARD MEMBER BERLIN: I have a question. CHAIRMAN PINA: Mr. Berlin. BOARD MEMBER BERLIN: You delineated the differences between Exhibits A and B. I'm not seeing anywhere -in this agreement where it addresses Exhibit C as separate. I'm trying to find it now. Could you let me know -- could you tell us a little bit about the process for relocating those signs on Exhibit C. MR. BOCKWEG: The sign inventory and removal of signs can be read on Page 2, Paragraph 2. There it addresses Exhibit A, B. And on the following page, it addresses C. Under the terms of the agreement, you cannot relocate -- our position is you cannot relocate the signs on Exhibit A. Exhibit B were allowed to be relocated prior to December 31, 2008. And Exhibit C can be relocated under the necessities or the qualifications that I had just mentioned to you, and how I explained the procedure that I go through MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u u 0 P11 n n r L u 0 C 1 2 3 4 5 M. 7 8 9 10 12 13 14 15 16 17 18 19 20 1� a when looking at an application. BOARD MEMBER BERLIN: I see. Thank you. CHAIRMAN PINA: Anyone else? Mr. Garavaglia. VICE CHAIR GARAVAGLIA: I'm sorry, to the City, I apologize for my phone ringing when you were answering one of the questions I was interested in related to the City being unable to determine the zoning on certain number of the properties listed. I guess I was curious on why -- to me the City would be the person who wouldn't be able to figure out what the zoning is. MR. BOCKWEG: I agree, and I'm -- that's something that I need to address. I was not -- I don't know why I was not able to find the zoning under our GIS system, but that's something that I need to take a look at. VICE CHAIR GARAVAGLIA: But you believe it's the applicant's responsibility to provide that information? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 rA �21 3 o Cr 3 °- 22 a o N a ; 23 1 y� ; 0 0 o00 n3 6o� 24 1 Wo a 25 1� 1� a when looking at an application. BOARD MEMBER BERLIN: I see. Thank you. CHAIRMAN PINA: Anyone else? Mr. Garavaglia. VICE CHAIR GARAVAGLIA: I'm sorry, to the City, I apologize for my phone ringing when you were answering one of the questions I was interested in related to the City being unable to determine the zoning on certain number of the properties listed. I guess I was curious on why -- to me the City would be the person who wouldn't be able to figure out what the zoning is. MR. BOCKWEG: I agree, and I'm -- that's something that I need to address. I was not -- I don't know why I was not able to find the zoning under our GIS system, but that's something that I need to take a look at. VICE CHAIR GARAVAGLIA: But you believe it's the applicant's responsibility to provide that information? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 59 MR. BOCKWEG: Without a doubt. VICE CHAIR GARAVAGLIA: It's not the City's job? MR. BOCKWEG: No, it's not. VICE CHAIR GARAVAGLIA: Okay. Thank you. MR. SHIVER: Quick question. CHAIRMAN PINA: Mr. Shiver. MR. SHIVER: Yes. Help me understand the Carter relocation plan. I'm trying to correlate that to -- does that correlate to the locations under appeal or does the Carter relocation plan correlates to Exhibit C. I'm trying to get a general feel on what those are. MR. BOCKWEG: Let me walk you through it. Under the proposed relocation plan, Number 1, the 4248 Northwest 14 Street is proposing to be relocated to Tanaka, which is letter F in the appeal, letter F. MR. SHIVER: Letter F. MR. BOCKWEG: Okay. MR. SHIVER: Got it. MR. BOCKWEG: The 1400 Northwest 42nd Avenue location is scheduled to be MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 �- - ;; ',20 0a 3 0 3 1 IN21Q ' =: 3 ir O G 0. >33 S' 22 n � .Z o 3 O A n '+ moo„ 23 3 24 � � 1 25 59 MR. BOCKWEG: Without a doubt. VICE CHAIR GARAVAGLIA: It's not the City's job? MR. BOCKWEG: No, it's not. VICE CHAIR GARAVAGLIA: Okay. Thank you. MR. SHIVER: Quick question. CHAIRMAN PINA: Mr. Shiver. MR. SHIVER: Yes. Help me understand the Carter relocation plan. I'm trying to correlate that to -- does that correlate to the locations under appeal or does the Carter relocation plan correlates to Exhibit C. I'm trying to get a general feel on what those are. MR. BOCKWEG: Let me walk you through it. Under the proposed relocation plan, Number 1, the 4248 Northwest 14 Street is proposing to be relocated to Tanaka, which is letter F in the appeal, letter F. MR. SHIVER: Letter F. MR. BOCKWEG: Okay. MR. SHIVER: Got it. MR. BOCKWEG: The 1400 Northwest 42nd Avenue location is scheduled to be MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 Id Id LI 0 r 1 2 3 4 5 6 7 8 9 13 14 15 relocated to Little Old Real Estate. MR. SHIVER: That's E. MR. BOCKWEG: That's E. Mind you, that those two properties that I just mentioned, I was able to verify the zoning. And the 48 -- 4248 Northwest 14 Street is C1 and Tanaka is also a C-1. The 1400 Northwest 42nd Avenue is C-2, and the Little Old Real Estate is C-2. But, again, these are both on Exhibit A, which we believe are not able to be relocated. MR. SHIVER: So when you point these out, tell me what exhibits they're on as well. All these are on Exhibit A? MR. BOCKWEG: The first two are Exhibit A. MR. SHIVER: Could you point those out as you go down. MR. BOCKWEG: Sure. MR. SHIVER: So far I'd like to correlate, and also correlate on which properties or exhibits. So the first two on the Carter relocation plan are Exhibit A? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 16 1 17 18 19 20 I'y M � n ° O. 21 1 I —'N o,co°- 22 co M 23 1 c la�a ID 00 0 M 24 �o— 1 0 r* 25 11 i 1 relocated to Little Old Real Estate. MR. SHIVER: That's E. MR. BOCKWEG: That's E. Mind you, that those two properties that I just mentioned, I was able to verify the zoning. And the 48 -- 4248 Northwest 14 Street is C1 and Tanaka is also a C-1. The 1400 Northwest 42nd Avenue is C-2, and the Little Old Real Estate is C-2. But, again, these are both on Exhibit A, which we believe are not able to be relocated. MR. SHIVER: So when you point these out, tell me what exhibits they're on as well. All these are on Exhibit A? MR. BOCKWEG: The first two are Exhibit A. MR. SHIVER: Could you point those out as you go down. MR. BOCKWEG: Sure. MR. SHIVER: So far I'd like to correlate, and also correlate on which properties or exhibits. So the first two on the Carter relocation plan are Exhibit A? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 J 1 J 1 2 3 4 5 6 7 [.A E:l 10 61 MR. BOCKWEG: That's correct. MR. SHIVER: Okay. Thank you. MR. BOCKWEG: The third one, 3880 Bird Road. MR. SHIVER: Okay. MR. BOCKWEG: It is on Exhibit C, and that one is scheduled to be relocated also with Tanaka. MR. SHIVER: What alphabet would that be? MR. BOCKWEG: F. MR. SHIVER: Thank you. MR. BOCKWEG: The fourth location, 7036 Northwest 5th Avenue, which is also on Exhibit C, it's scheduled to be relocated with Contemporary Contractors, which is A, the -- could I continue? MR. SHIVER: Yes. MR. BOCKWEG: The 1050 Northwest 14 Street, which is also on Exhibit C, is scheduled to be relocated to CanPartners, which is D -- MR. SHIVER: D. MR. BOCKWEG: -- as in David. 3636 Northwest 22nd Avenue is MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 ' 12 ' 13 14 ' 15 16 ' 17 ' 18 19 20 M N 3 8 Cr 21 v IM CL M 22 d 3 on _L D 3S+ '� ^s?� 3 23 r n_3 003 fD 24 � 61 MR. BOCKWEG: That's correct. MR. SHIVER: Okay. Thank you. MR. BOCKWEG: The third one, 3880 Bird Road. MR. SHIVER: Okay. MR. BOCKWEG: It is on Exhibit C, and that one is scheduled to be relocated also with Tanaka. MR. SHIVER: What alphabet would that be? MR. BOCKWEG: F. MR. SHIVER: Thank you. MR. BOCKWEG: The fourth location, 7036 Northwest 5th Avenue, which is also on Exhibit C, it's scheduled to be relocated with Contemporary Contractors, which is A, the -- could I continue? MR. SHIVER: Yes. MR. BOCKWEG: The 1050 Northwest 14 Street, which is also on Exhibit C, is scheduled to be relocated to CanPartners, which is D -- MR. SHIVER: D. MR. BOCKWEG: -- as in David. 3636 Northwest 22nd Avenue is MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L 0 1 1 2 3 4 5 6 7 An 9 10 11 12 13 14 15 16 17 62 scheduled to be relocated for a location that we've already approved for the Carter -- for Carter, which is 1700 Southwest Third Avenue. We've already approved them -- we've approved that relocation. That's why you will not find it. MR. SHIVER: On any exhibit. MR. BOCKWEG: Exactly. And the last one -- MR. SHIVER: Got an alphabet for me? MR. BOCKWEG: No, it's actually a new FDOT form that we had approved. MR. SHIVER: Okay. MR. BOCKWEG: The last one, which is 224 Southwest Six Street, it is also on Exhibit C, and that one is scheduled to be relocated to Brickell Village. MR. SHIVER: Which is C. MR. BOCKWEG: Which is C. Now, again, let me remind you that the majority of these -- well, not actually the majority. Four out of the six of these are in direct conflict with sites that I've already -- that we, the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 18 19 r20 ;3 21 1 X303 22 H N �- �: i0o�- 23 D ' o c s 24 n3 000 a N � •a 25 s� 1 62 scheduled to be relocated for a location that we've already approved for the Carter -- for Carter, which is 1700 Southwest Third Avenue. We've already approved them -- we've approved that relocation. That's why you will not find it. MR. SHIVER: On any exhibit. MR. BOCKWEG: Exactly. And the last one -- MR. SHIVER: Got an alphabet for me? MR. BOCKWEG: No, it's actually a new FDOT form that we had approved. MR. SHIVER: Okay. MR. BOCKWEG: The last one, which is 224 Southwest Six Street, it is also on Exhibit C, and that one is scheduled to be relocated to Brickell Village. MR. SHIVER: Which is C. MR. BOCKWEG: Which is C. Now, again, let me remind you that the majority of these -- well, not actually the majority. Four out of the six of these are in direct conflict with sites that I've already -- that we, the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r 1 2 3 M 5 C -z 7 8 9 10 11 12 13 14 15 63 City, have already approved for another company. So, in essence, -in essence, if you would move forward with granting the appeal, you would be directing me to sign another -- or directing the Zoning Administrator to sign another form for another company that would be in direct conflict with each other. And on top of that, you would also be directing us to sign applications to a company that is not here as an interested party in this appeal. So I just wanted to make sure I pointed that out. CHAIRMAN PINA: Okay. MR. ECHEMENDIA: Could I ask him some questions, Mr. Chairman? CHAIRMAN PINA: Mr. Echemendia. MR. ECHEMENDIA: Incidentally, what is before you, just to clarify, is not the other -- that Carter is not here currently. It is the basis of -- whether the basis for the Zoning Administrator's denial is based on competent, substantial evidence at the time. CHAIRMAN PINA: Mr. Echemendia, you MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 16 ' 17 ' 18 19 ' — 20 MSC "13 13 a 21 ' G. N ': ' O1 M22 o c a D 3 1A 3 0 o 0 23 C, o �-0 1.- o M -o 24 o Cr 25 63 City, have already approved for another company. So, in essence, -in essence, if you would move forward with granting the appeal, you would be directing me to sign another -- or directing the Zoning Administrator to sign another form for another company that would be in direct conflict with each other. And on top of that, you would also be directing us to sign applications to a company that is not here as an interested party in this appeal. So I just wanted to make sure I pointed that out. CHAIRMAN PINA: Okay. MR. ECHEMENDIA: Could I ask him some questions, Mr. Chairman? CHAIRMAN PINA: Mr. Echemendia. MR. ECHEMENDIA: Incidentally, what is before you, just to clarify, is not the other -- that Carter is not here currently. It is the basis of -- whether the basis for the Zoning Administrator's denial is based on competent, substantial evidence at the time. CHAIRMAN PINA: Mr. Echemendia, you MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 n P, n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 r' 64 don't have to preach us. MR. ECHEMENDIA: Okay. MR. ECHEMENDIA: I'm going to ask -- I don't mean, Mr. Bockweg, to antagonize you in any way. The reason for my questions is really to elicit information. MR. BOCKWEG: I don't take it personal. DIRECT EXAMINATION BY MR. ECHEMENDIA: Q. Do you want me to refer to you as Pieter or Mr. Bockweg? A. Anything you like, Santi. Q. Pieter is good. You are clearly not the Zoning Administrator? A. No, I'm not. Q. And so what -- under the code, there is a section regarding the Zoning Administrator making determinations regarding applications, et cetera. The determination e-mail or the denial was sent, as we understand it, prepared by you and/or Warren and sent through Lourdes as the Zoning Administrator, but Lourdes is not here. And you're, I guess -- what provisions MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 17 1 18 19 20 27 n 21 3 jawn 22 z. 3 1 A n 00c M= 23 � 0 c- 24 1 25 r' 64 don't have to preach us. MR. ECHEMENDIA: Okay. MR. ECHEMENDIA: I'm going to ask -- I don't mean, Mr. Bockweg, to antagonize you in any way. The reason for my questions is really to elicit information. MR. BOCKWEG: I don't take it personal. DIRECT EXAMINATION BY MR. ECHEMENDIA: Q. Do you want me to refer to you as Pieter or Mr. Bockweg? A. Anything you like, Santi. Q. Pieter is good. You are clearly not the Zoning Administrator? A. No, I'm not. Q. And so what -- under the code, there is a section regarding the Zoning Administrator making determinations regarding applications, et cetera. The determination e-mail or the denial was sent, as we understand it, prepared by you and/or Warren and sent through Lourdes as the Zoning Administrator, but Lourdes is not here. And you're, I guess -- what provisions MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 L 1 u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ' 15 65 of the code give you authority to interpret the code as it relates to application -- FDOT applications and/or the settlement agreements? A. I don't interpret the code. I interpret the settlement agreement. I look at the code, but interpret the settlement agreement. Q. Let's go to -- are you familiar with -- and the pilot program, 'cause this is really what this is all about. It's about changing the spacing from 1500 to a thousand feet, Pieter. So you're familiar with the pilot program, correct? A. Yes, I am. Q. On September 25th, the pilot program was not yet in effect; is that correct? A. I believe so, yes. Q. The pilot program was approved on first reading, September 24th, and adopted on second reading October 5th; is that correct? A. That's right. Q. So as of prior to October 5th, you did not regulate spacing; is that correct? A. That's true. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 16 1 17 1 18 19 1 - 20 MMc 3 0 3 21 fl. IN M 22 n e ' 23 G O 6 '� S O A00 3'0 24 25 1 65 of the code give you authority to interpret the code as it relates to application -- FDOT applications and/or the settlement agreements? A. I don't interpret the code. I interpret the settlement agreement. I look at the code, but interpret the settlement agreement. Q. Let's go to -- are you familiar with -- and the pilot program, 'cause this is really what this is all about. It's about changing the spacing from 1500 to a thousand feet, Pieter. So you're familiar with the pilot program, correct? A. Yes, I am. Q. On September 25th, the pilot program was not yet in effect; is that correct? A. I believe so, yes. Q. The pilot program was approved on first reading, September 24th, and adopted on second reading October 5th; is that correct? A. That's right. Q. So as of prior to October 5th, you did not regulate spacing; is that correct? A. That's true. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 s u 1 2 3 4 5 [sem 7 8 9 10 11 12 13 14 15 16 17 ' 18 19 1 20 21 1i 3 0 cr �Q3 22 N = a. 23 1 1 D 3 3 A MO o 00 c 24 f7 M F+ 3 1pq- o g 25 z� 11 i Q. Okay. And these seven applications were filed September 24th or September 20 -- A. 5th . Q. 5th. So at the time that these applications -- this is really important. This is probably the most important point of this whole appeal. I know it's been very lengthy, but -- CHAIRMAN PINA: Can you go outside and see if they can quiet down, please. He's questioning him. BY MR. ECHEMENDIA: Q. This is the question. The pilot program changed the spacing to a thousand feet; is that correct? A. That's correct. Q. And prior to the adoption of the pilot program, the City did not regulate spacing. You've testified to that previously. A. That's correct. Q. These applications were filed prior to the adoption of the pilot program; isn't that correct? A. That's right. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 e 1 2 3 4 5 [:0 7 8 9 10 11 12 13 14 ' 15 67 Q. And so you were not applying the thousand foot rule as of the date the applications were filed? A. No. Q. So why did it take two months before the City would even give a written denial to those applications, and what was the basis on September 25th to deny the applications? It couldn't have been spacing, correct? A. Well, let me -- let me start with the last point first. I think I just explained to the Board why we had denied the applications. Q. No, but -- A. That's Number 1. Q. But, Pieter, you're answering my questions. I mean, it's a yes or no. Before October 5th, you did not regulate spacing? A. That is correct. Q. And these applications were filed on September 25th; is that correct? A. Yes, I already answered that. Q. So as of September 25th, you could not have denied them based on spacing; is that correct? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 16 ' 17 1 1s 19 1 20 M M N 3 0 cr 3 21 1 C. _� � e 22 W 0 0 a $ 23 n�oM S 1 A K 1010!� n3 °= fD 24 25 1 67 Q. And so you were not applying the thousand foot rule as of the date the applications were filed? A. No. Q. So why did it take two months before the City would even give a written denial to those applications, and what was the basis on September 25th to deny the applications? It couldn't have been spacing, correct? A. Well, let me -- let me start with the last point first. I think I just explained to the Board why we had denied the applications. Q. No, but -- A. That's Number 1. Q. But, Pieter, you're answering my questions. I mean, it's a yes or no. Before October 5th, you did not regulate spacing? A. That is correct. Q. And these applications were filed on September 25th; is that correct? A. Yes, I already answered that. Q. So as of September 25th, you could not have denied them based on spacing; is that correct? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 C C 0 0 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 19 20 A. That is correct. Q. Okay. Thank you. MR. SHIVER: But I thought the questioning was why he waited -- they waited so long to give you a response. MR. ECHEMENDIA: I'll get there, I'm sorry. MR.' SHIVER: Oh, you're not going to let him answer? MR. ECHEMENDIA: No, but to us, that is one of the most critical issues, because these were filed prior to the spacing, the thousand foot spacing. So they could have really approved any application. It didn't matter whether it was a 100 feet or not. BY MR. ECHEMENDIA: Q. Now, are you familiar with CBS Outdoor, Inc.? A. Yes. Q. Isn't it true that on September 29th, you or the Zoning Administrator approved two applications for CBS Outdoor, which are immediately adjacent to existing Carter Outdoor signs? I'll bring them more specifically to MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 3 � g a a 3 21 el N�'* ma 22 C 7 3 A� c 23 o c ' s � � ; .0 24 �3 N I ' c Cr 7h" n' 25 A. That is correct. Q. Okay. Thank you. MR. SHIVER: But I thought the questioning was why he waited -- they waited so long to give you a response. MR. ECHEMENDIA: I'll get there, I'm sorry. MR.' SHIVER: Oh, you're not going to let him answer? MR. ECHEMENDIA: No, but to us, that is one of the most critical issues, because these were filed prior to the spacing, the thousand foot spacing. So they could have really approved any application. It didn't matter whether it was a 100 feet or not. BY MR. ECHEMENDIA: Q. Now, are you familiar with CBS Outdoor, Inc.? A. Yes. Q. Isn't it true that on September 29th, you or the Zoning Administrator approved two applications for CBS Outdoor, which are immediately adjacent to existing Carter Outdoor signs? I'll bring them more specifically to MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C i H, fl n IJ n P, P, F 1 2 3 4 5 6 7 8 9 12 13 14 15 16 17 18 your attention. A. I don't see how that's relevant to this. Q. It goes to the issue, Mr. Bockweg, of inconsistency. The rules apply to all in the same way. They can't apply to one and not apply to the other. The City -- on September 29th, the City approved -- Carter had an existing sign -- well, the City approved the sign within a 100 feet of the Carter sign, and I have a folio number and it's in the packet in Exhibit D. And, I apologize, Pieter may not have a copy of the packet. Why don't we give him a copy of the packet. Pieter, if you can refer to Exhibit D, and I don't have a lot more questions. I'll be really quick. CHAIRMAN PINA: Okay. Yeah, let's try to move it along. MR. ECHEMENDIA: I'm trying to narrowly -- we have a,ton of questions, but I'm not even going to bother. CHAIRMAN PINA: Okay, I appreciate it. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 1 20 (p n C 3 R ' 3 21 1 �• �N c a 22 D 3 M ° A 23 G p 0'� =roo o M3c�c 24 1 3 s " 25 your attention. A. I don't see how that's relevant to this. Q. It goes to the issue, Mr. Bockweg, of inconsistency. The rules apply to all in the same way. They can't apply to one and not apply to the other. The City -- on September 29th, the City approved -- Carter had an existing sign -- well, the City approved the sign within a 100 feet of the Carter sign, and I have a folio number and it's in the packet in Exhibit D. And, I apologize, Pieter may not have a copy of the packet. Why don't we give him a copy of the packet. Pieter, if you can refer to Exhibit D, and I don't have a lot more questions. I'll be really quick. CHAIRMAN PINA: Okay. Yeah, let's try to move it along. MR. ECHEMENDIA: I'm trying to narrowly -- we have a,ton of questions, but I'm not even going to bother. CHAIRMAN PINA: Okay, I appreciate it. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 7 e n 0 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 1 20 70 BY MR. ECHEMENDIA: Q. Exhibit D is Carter appeal on October 7th, after the verbal denial on the second page, if you can read in that second paragraph -- BOARD MEMBER HERNANDEZ-ACOSTA: Excuse me, Mr. Chair; I would like to know how this is pertinent to what we are voting on today. I voted to hear Mr. Echemendia, but at this point I'm beginning to think very strongly that this is not pertinent.to what we have to do. I think that this is pertinent to their case, and taking it to court and not pertinent to our decision. I am ready to vote. CHAIRMAN PINA: Okay. Give me one second. Give me one second, please. I'm allowing Mr. Echemendia due process. He said he was going to be brief and I -- BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, due process is one thing, but we have always on this Board -- CHAIRMAN PINA: He said -- MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 M M 21 1' M ° 3 IN3 22 M o 23 [1 3 A n rr rr ' S 6- m 24 �3 joco 1 25 1 70 BY MR. ECHEMENDIA: Q. Exhibit D is Carter appeal on October 7th, after the verbal denial on the second page, if you can read in that second paragraph -- BOARD MEMBER HERNANDEZ-ACOSTA: Excuse me, Mr. Chair; I would like to know how this is pertinent to what we are voting on today. I voted to hear Mr. Echemendia, but at this point I'm beginning to think very strongly that this is not pertinent.to what we have to do. I think that this is pertinent to their case, and taking it to court and not pertinent to our decision. I am ready to vote. CHAIRMAN PINA: Okay. Give me one second. Give me one second, please. I'm allowing Mr. Echemendia due process. He said he was going to be brief and I -- BOARD MEMBER HERNANDEZ-ACOSTA: Mr. Chair, due process is one thing, but we have always on this Board -- CHAIRMAN PINA: He said -- MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C C u 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 I � 0 71 BOARD MEMBER HERNANDEZ-ACOSTA: Excuse me. Let me finish. On this Board, we have always referred to what is pertinent to what the issue that we're voting on. All of this -- this is not pertinent, does not help me in making my decision on this issue. I don't know about the rest of the Board members, but it is not pertinent to our decision. MR. ECHEMENDIA: Can I explain, Mr. Chair, why it is? CHAIRMAN PINA: Well, one second. The decision is based on an individual opinion, okay? I'm allowing Mr. Echemendia due process. He said he was going to be brief, so please be brief. BOARD MEMBER URQUIOLA: Yeah. CHAIRMAN PINA: Okay. Okay. Go ahead. MR. ECHEMENDIA: Just one second. Just for the benefit of Board Member Hernandez, what I am trying to establish is -- the code requires that there be a reason for the denial. The only thing that we've gotten is a three -sentence MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 M r !I 3 g 20 21 � 3 D 3 3 22 n�A'c c c M °;3.0 23 n3 C 1 Q 24 1 25 I � 0 71 BOARD MEMBER HERNANDEZ-ACOSTA: Excuse me. Let me finish. On this Board, we have always referred to what is pertinent to what the issue that we're voting on. All of this -- this is not pertinent, does not help me in making my decision on this issue. I don't know about the rest of the Board members, but it is not pertinent to our decision. MR. ECHEMENDIA: Can I explain, Mr. Chair, why it is? CHAIRMAN PINA: Well, one second. The decision is based on an individual opinion, okay? I'm allowing Mr. Echemendia due process. He said he was going to be brief, so please be brief. BOARD MEMBER URQUIOLA: Yeah. CHAIRMAN PINA: Okay. Okay. Go ahead. MR. ECHEMENDIA: Just one second. Just for the benefit of Board Member Hernandez, what I am trying to establish is -- the code requires that there be a reason for the denial. The only thing that we've gotten is a three -sentence MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 C e fl H. n n 1 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 aim 72 e-mail that says -- does not -- they can't avail themselves of the pilot program. I'm trying to understand -- CHAIRMAN PINA: No, Mr. Echemendia, they went through it very specifically. MR. ECHEMENDIA: I'm trying to understand why it is they can't. CHAIRMAN PINA: Just get to yours questions. Don't interrupt him, and let's get through this. BY MR. ECHEMENDIA: Q. I'm going specifically to the denial, the basis of the denial. One is the pilot program. I think we've established that the City did not -- the pilot program is a thousand foot spacing. The City did not regulate spacing as of the time that these applications,were filed. Mr. -- Pieter, you went through the applications, and let's go back and let's do it kind of one by one a minute -- not one by one, but let's -- CBS, on Tanaka, what was the basis for objection -- well, you remember a meeting with the City Manager, Warren Bittner and Carter, correct, regarding the applications? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 21 1 3 0 3 r* 22 ^ �M C. on D ' 23 (1 A3 0 n o 00o„ '+ 24 X-3 Er 25 TF 1 72 e-mail that says -- does not -- they can't avail themselves of the pilot program. I'm trying to understand -- CHAIRMAN PINA: No, Mr. Echemendia, they went through it very specifically. MR. ECHEMENDIA: I'm trying to understand why it is they can't. CHAIRMAN PINA: Just get to yours questions. Don't interrupt him, and let's get through this. BY MR. ECHEMENDIA: Q. I'm going specifically to the denial, the basis of the denial. One is the pilot program. I think we've established that the City did not -- the pilot program is a thousand foot spacing. The City did not regulate spacing as of the time that these applications,were filed. Mr. -- Pieter, you went through the applications, and let's go back and let's do it kind of one by one a minute -- not one by one, but let's -- CBS, on Tanaka, what was the basis for objection -- well, you remember a meeting with the City Manager, Warren Bittner and Carter, correct, regarding the applications? MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L Id I] 0 n 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 1 18 19 1 20 M�� . o 3 21 1 Cl ' CL ° 22 v. o $ a 0 23 tions 00 0 m ci 3 24 7 ^ 25 'II 73 A. Yes. Q. At the time, is it correct to say that the only basis that was raised is that the Carter agreement did not have a relocation plan and that the City would -- could adopt in a matter of weeks a relocation plan? A. That was one of the subjects that was discussed. Q. Was there any other basis articulated by the City as to not approving the Carter applications at the time of the City Manager's meeting? A. Well, if I recall correctly, I think the necessity aspect was also discussed, which I explained to the Board what I look at when I look at an FDOT form. Q. I was at that meeting. I don't recall. My recollection is that it did not have a relocation plan. A. Well, the.reason why I say that is because the necessity is part of the relocation plan, so if the relocation plan came up, that would have been discussed as well. Q. Understood. Did the City -- in the previous five MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 n n n n l� L L D 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 ' 18 19 �! 3 c 20 _ 1 INDCL 3 ; c C a 21 D 3 c � 22 0 3 S 'o �3 ��� 23 24 'I 25 I 74 relocations in the Carter agreement, did the City require a necessity -- a showing of necessity in the past for the five previous relocations that the City has approved? A. Let me briefly, for the Board's sake, go through each one of those relocations. Q. It's either a yes or no. CHAIRMAN PINA: We already went through that. We already went through that. Santiago, stick to why the zoning ordinance in this particular case you feel is not given you the opportunity with your signs. So he's stated them. He went on the record as stating them. You're trying to get specific. I understand you're trying to get prepared for court, but let's try to move it along. MR. ECHEMENDIA: Okay. And let me just say this, and we'll cut -- the only thing that I'll say, for the record, I know that there are a lot of people here. I won't -- and you guys have indulged us, and I appreciate it. We have a court reporter here. What we were trying to do MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I� 18 19 I_ 20 21 3 o Q ,3 a 22 n INV 3' M - d o n a or, I_.IInSAM D ' 23 G 0 0 24 3 000 l 3 a o IJ 25 75 is get all our cross in, so that we don't -- CHAIRMAN PINA: I understand. MR. ECHEMENDIA: -- have to go through this painful exercise with the City Commission. CHAIRMAN PINA: We're going to be here all night. We're going to be here all night. MR. ECHEMENDIA: However, you really are kind of undermining my ability to cross-examine him amply. CHAIRMAN PINA: No, I understand, I understand, but try -- in this particular hearing, just try to be as basic and specific as possible, so we can move it along. MR. ECHEMENDIA: Okay. BY MR. ECHEMENDIA: Q. Contemporary Contractors, where CBS said no problem, what was the basis? I thought the zoning there was the same in both. Is the issue there net reduction? A. Well, as I mentioned, that location is currently under appeal at FDOT. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L11 L L 0 0 H, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 it 76 Q. Excuse me? A. From my understanding, Contemporary Contractors is currently under appeal with FDOT. You guys had submitted the original application that we approved for CBS to FDOT. Q. And so the City is now taking the position that if there's an administrative hearing on an application, then the City won't approve the FDOT form? A. That's an application that we approved for CBS. Q. Contemporary Contractors? A. Right. Q. There is no appeal on Contemporary Contractors A. At FDOT? Q. -- with CBS, that's correct. A. No, no. Did you submit that location to FDOT, that form to FDOT? Q. Yes, but what does that have to do with the City form? A. Because that location was approved by the City on behalf of CBS. So, technically, since it is on appeal, that is still a CBS location. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 ' 20 M 21 3 0 3 22 n _ INM 01 3 fD C °. 1 n = 23 3 e 0 A P1 � ° n o m 24 3 o0o ' n 0 C � o r ,� 25 3 =r n it 76 Q. Excuse me? A. From my understanding, Contemporary Contractors is currently under appeal with FDOT. You guys had submitted the original application that we approved for CBS to FDOT. Q. And so the City is now taking the position that if there's an administrative hearing on an application, then the City won't approve the FDOT form? A. That's an application that we approved for CBS. Q. Contemporary Contractors? A. Right. Q. There is no appeal on Contemporary Contractors A. At FDOT? Q. -- with CBS, that's correct. A. No, no. Did you submit that location to FDOT, that form to FDOT? Q. Yes, but what does that have to do with the City form? A. Because that location was approved by the City on behalf of CBS. So, technically, since it is on appeal, that is still a CBS location. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r, L 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 irtz 17 18 19 1 20 I3 2n 1 ' Cr 3 0 3 IN 22 3 a ' ; 23 n3 °3 � 24 — 25 3 s n 1 77 Q. Right, except that there was an appeal in front of the City, and that appeal was withdrawn based on the advice of counsel that we withdraw the appeal. There is no pending conflict within the City of Miami relative to Contemporary Contractors. A. Well, and I'm trying to avoid a conflict by not approving a form that's already approved for another company. Q. And Tanaka? A. Same. CHAIRMAN PINA: Santiago, we're not going to go through every application that's been before the City. MR. ECHEMENDIA: No, but, Juve, we're almost done. There are four more and I -- CHAIRMAN PINA: Get to it. I mean. we start going, you know -- MR. ECHEMENDIA: No, he had not gone through these two. He didn't say that the basis was that there's an administrative hearing. CHAIRMAN PINA: But let's not go through every application that applies for an outdoor sign in the city. I mean, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L t 1 1 n 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 11 1 let's just get -- let's just get why you feel you've been denied. That's it. MR. ECHEMENDIA: Well, let me do this. CHAIRMAN PINA: And you said it. He stated his case. You stated your case. And let's move along. MR. ECHEMENDIA: Fair enough. I'm just -- I'll object to the record, and the inability to make the appropriate record that is going to be reviewed on appeal at the City Commission, because the Board feels like we need to move forward. And I understand that they have a lot of people here, and so we'll move forward. The basis of our appeal is that, firstly, the Zoning Administrator is not here. It is the Zoning Administrator that makes a determination regarding the code and from which we are taking an appeal. Pieter has no authority under the code to provide competent, substantial evidence relative to the nature of the appeal. These are applications that were MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 18 19 20 1 3 0 a � 21 N 22 23 24 25 11 1 let's just get -- let's just get why you feel you've been denied. That's it. MR. ECHEMENDIA: Well, let me do this. CHAIRMAN PINA: And you said it. He stated his case. You stated your case. And let's move along. MR. ECHEMENDIA: Fair enough. I'm just -- I'll object to the record, and the inability to make the appropriate record that is going to be reviewed on appeal at the City Commission, because the Board feels like we need to move forward. And I understand that they have a lot of people here, and so we'll move forward. The basis of our appeal is that, firstly, the Zoning Administrator is not here. It is the Zoning Administrator that makes a determination regarding the code and from which we are taking an appeal. Pieter has no authority under the code to provide competent, substantial evidence relative to the nature of the appeal. These are applications that were MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 iLol ' 20 79 filed by Carter where the City sat back for two months without giving a written denial, which the code requires. After they gave the written denial -- well, before giving the written denial, there were a number of meetings that I wanted to ask Pieter about with Carter and the City, which we know nothing about, that resulted in a denial, a three -sentence denial by Warren, who was consulting with CBS as to what CBS thought about the Carter applications. I would submit to you, respectfully, that that is not the way that government is supposed to work. That is not the way the zoning process is supposed to work. I have been doing this for 22 years. I represent local governments. And I have never seen a process that is more abhorrent from a procedural due process perspective than this process has been. We're the little guys, and the three big boys that have settlement agreements with the City of Miami, in collusion with the City, have decided to squeeze us out, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 rt � N 21 �30� 3 ^. � I 3' 2 2 01 O n O. O O 0 23 n-i�r'o c o 3 = =r �3-0 24 —N 0 Z =r 25 79 filed by Carter where the City sat back for two months without giving a written denial, which the code requires. After they gave the written denial -- well, before giving the written denial, there were a number of meetings that I wanted to ask Pieter about with Carter and the City, which we know nothing about, that resulted in a denial, a three -sentence denial by Warren, who was consulting with CBS as to what CBS thought about the Carter applications. I would submit to you, respectfully, that that is not the way that government is supposed to work. That is not the way the zoning process is supposed to work. I have been doing this for 22 years. I represent local governments. And I have never seen a process that is more abhorrent from a procedural due process perspective than this process has been. We're the little guys, and the three big boys that have settlement agreements with the City of Miami, in collusion with the City, have decided to squeeze us out, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 u k, u u r_ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 1 20 1� where the City Attorney's Office, because the City makes money from these agreements -- and notwithstanding the fact that we're first traveling under one, and then because of some things that happened at the City, we ended up having a little dust up with Carter. We're currently in litigation. It is an issue of procedural due process. We don't believe there is any competent, substantial evidence to deny the six applications. We've explained it in the memos that are in writing and are part of your backup. And we truly believe that at the end of the day, we will appeal based on a deprivation of procedural due process, a departure from the substantial requirements of the law and that there being no competent, substantial evidence. CHAIRMAN PINA: Thank you, Santiago. Anyone else like to speak on this item? Being none, close it up to the public, open up to the Board members. Mr. Berlin. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 3 0 a a 3 21 ^.IN 22 ir o n a o 23 0 S O '_* S Oo p fD 24 th c F c 3 sA, 25 1� where the City Attorney's Office, because the City makes money from these agreements -- and notwithstanding the fact that we're first traveling under one, and then because of some things that happened at the City, we ended up having a little dust up with Carter. We're currently in litigation. It is an issue of procedural due process. We don't believe there is any competent, substantial evidence to deny the six applications. We've explained it in the memos that are in writing and are part of your backup. And we truly believe that at the end of the day, we will appeal based on a deprivation of procedural due process, a departure from the substantial requirements of the law and that there being no competent, substantial evidence. CHAIRMAN PINA: Thank you, Santiago. Anyone else like to speak on this item? Being none, close it up to the public, open up to the Board members. Mr. Berlin. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 n n 0 F11 1 2 3 4 5 6 7 8 010 10 11 12 13 14 15 16 17 18 BOARD MEMBER BERLIN: There are two questions were raised. I don't think I heard a complete response to them, so I'd like to give you an opportunity to address those. Number 1 is, it seems to me that those boards on Exhibit A do not have a right under the settlement agreement to be replaced, and it seems to me that those boards listed under Exhibit B have already missed the deadline under the settlement agreement to be replaced. That only those sites in Exhibit C can be replaced. Of the relocation plan that you submitted, there are six boards, billboards, to be replaced, yet only five that appear on Exhibit C. How do you come up with the sixth? MR. ECHEMENDIA: And, Mr. Berlin, we may not get to the sixth. Frankly, our frustration has been that the City has refused to give us an explanation. This is the first time that the City basically pulled out tonight and gave me a courtesy copy before the hearing, and made the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 1 - 20 M , M = M C 3 oc -1 3 21 t rz 22 W ; n C. e0 23 o o m 5 24 Cr z ^' 25 1 1 _ _ BOARD MEMBER BERLIN: There are two questions were raised. I don't think I heard a complete response to them, so I'd like to give you an opportunity to address those. Number 1 is, it seems to me that those boards on Exhibit A do not have a right under the settlement agreement to be replaced, and it seems to me that those boards listed under Exhibit B have already missed the deadline under the settlement agreement to be replaced. That only those sites in Exhibit C can be replaced. Of the relocation plan that you submitted, there are six boards, billboards, to be replaced, yet only five that appear on Exhibit C. How do you come up with the sixth? MR. ECHEMENDIA: And, Mr. Berlin, we may not get to the sixth. Frankly, our frustration has been that the City has refused to give us an explanation. This is the first time that the City basically pulled out tonight and gave me a courtesy copy before the hearing, and made the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 i 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1=1 18 19 L120 �fD= 3 ^ c 3 .21 l = a Q- 22 ir 0^ 3 0 - D Y I � 0 23 I o 0 24 ^ 25 a explanation regarding the exhibits and their justification for the denial. That's not due process. I mean, we've been asking for why they denied them for six months. What's going on here? That's what we're saying. It smells. BOARD MEMBER BERLIN: I understand your argument, but that doesn't really address the question. MR. ECHEMENDIA: No. Five out of the six, I guess -- in other words, you're saying that five out of the six fall within the schedule that has already expired'. I'm sorry, I misunderstood. MR. SHIVER: Two on Exhibit A, and the rest is on Exhibit C. MR. ECHEMENDIA: Correct. Exhibit A is the one that's expired. Exhibit C is not, the one that remains. BOARD MEMBER BERLIN: It seems to me that under the agreement -- the settlement agreement, you're only entitled to relocate five, yet you've requested to have six relocated. MR. ECHEMENDIA: Well, we'd be happy MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 n L 0 1 2 3 4 5 6 7 10 11 12 13 14 15 16 17 18 19 83 with getting five approved. They approved -- there were seven. They approved one because it was 1500 feet. If we go site by site, and you all decide that five out of the six should be approved, then, by God, that's what we would be requesting. And one irony, Bret, that I failed to ask Pieter is, Pieter literally said on the record that it would be illegal had they approved -- could not approve, because it would be illegal a thousand foot site. The City approved the Jose Marti Park site, the City approved park sites that are a thousand foots sites, I think, before the adoption of the pilot program, so I guess -- BOARD MEMBER BERLIN: I don't -- I don't have any questions about the pilot program. MR. ECHEMENDIA: Fair enough. BOARD MEMBER BERLIN: I don't really want to talk about it. I'm more focused on the settlement agreement. MR. ECHEMENDIA: I apologize. BOARD MEMBER BERLIN: The second MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 --�,u 20 3 c v.ln�ia3 21 01omCL 22 a n m o el ` 23 T6 3 0Q ° M fA 3 24 o — S � 25 l 83 with getting five approved. They approved -- there were seven. They approved one because it was 1500 feet. If we go site by site, and you all decide that five out of the six should be approved, then, by God, that's what we would be requesting. And one irony, Bret, that I failed to ask Pieter is, Pieter literally said on the record that it would be illegal had they approved -- could not approve, because it would be illegal a thousand foot site. The City approved the Jose Marti Park site, the City approved park sites that are a thousand foots sites, I think, before the adoption of the pilot program, so I guess -- BOARD MEMBER BERLIN: I don't -- I don't have any questions about the pilot program. MR. ECHEMENDIA: Fair enough. BOARD MEMBER BERLIN: I don't really want to talk about it. I'm more focused on the settlement agreement. MR. ECHEMENDIA: I apologize. BOARD MEMBER BERLIN: The second MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 0 u 1 111 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 84 question with respect to the settlement agreement has to do with necessity. Can you address necessity? Is there a necessity here? BOARD MEMBER URQUIOLA: Mr. Chairman, please. CHAIRMAN PINA: Mr. Berlin has the floor, Mr. Urquiola. Mr. Berlin has the floor, Mr. Urquiola. MR. ECHEMENDIA: Mr. Berlin, it's the first time that I hear the issue of necessity. I believe necessity -- I don't believe it's a defined term under the agreement. I don't know whether necessity appears in the CBS settlement agreement as to whether there's a necessity. We were told that all three agreements, when we met with the manager, had the same exact relocation language, and that the City within two weeks would be adopting a relocation plan that would apply to all three agreements. And so if it is defined, it's the first time I hear of necessity. It's the first time I hear that the explanation has been necessity, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 ' 18 19 20 N *0Q3 21 1 n N � 10cmL a 22 D pM ° 23 00 0 - c�� 24 s " 25 1 84 question with respect to the settlement agreement has to do with necessity. Can you address necessity? Is there a necessity here? BOARD MEMBER URQUIOLA: Mr. Chairman, please. CHAIRMAN PINA: Mr. Berlin has the floor, Mr. Urquiola. Mr. Berlin has the floor, Mr. Urquiola. MR. ECHEMENDIA: Mr. Berlin, it's the first time that I hear the issue of necessity. I believe necessity -- I don't believe it's a defined term under the agreement. I don't know whether necessity appears in the CBS settlement agreement as to whether there's a necessity. We were told that all three agreements, when we met with the manager, had the same exact relocation language, and that the City within two weeks would be adopting a relocation plan that would apply to all three agreements. And so if it is defined, it's the first time I hear of necessity. It's the first time I hear that the explanation has been necessity, MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 J C 2 3 4 5 6 7 1:10 9 10 85 but thank you for asking, Mr. Berlin. CHAIRMAN PINA: Mr. Berlin. MR. ECHEMENDIA: An argument could be made that it is a necessity. Mr. Shiver. MR. SHIVER: I tend to agree with you to this extent. I do believe, though, that the -- I guess the decision by the City was very vague.. In essence, you are being ambushed as far as explanation. I'm not too sure if that's our standard, though. So I would be very critical of the City if you're going.to deny an applicant on such an -important application. I would have hoped that some of the explanation to some of the language or some of the reasoning that you have given would have been in writing, which may have fine tuned his argument, and/or may have avoided this hearing or may have properly warrant to go to mediation. However, I'm not too sure if that's the standard that we should be looking at. I think our standard should be whether or not there was a reasonable basis for the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 ' 12 ' 13 14 15 16 1 17 1 18 19 20 I, Q 3 21 N (D 22 D 3 � O O 23 oos f1 � 00 3 'O 24 3 s 25 1 i 85 but thank you for asking, Mr. Berlin. CHAIRMAN PINA: Mr. Berlin. MR. ECHEMENDIA: An argument could be made that it is a necessity. Mr. Shiver. MR. SHIVER: I tend to agree with you to this extent. I do believe, though, that the -- I guess the decision by the City was very vague.. In essence, you are being ambushed as far as explanation. I'm not too sure if that's our standard, though. So I would be very critical of the City if you're going.to deny an applicant on such an -important application. I would have hoped that some of the explanation to some of the language or some of the reasoning that you have given would have been in writing, which may have fine tuned his argument, and/or may have avoided this hearing or may have properly warrant to go to mediation. However, I'm not too sure if that's the standard that we should be looking at. I think our standard should be whether or not there was a reasonable basis for the MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 7 2 M 4 5 6 7 8 01 10 11 12 13 14 15 16 17 ' 18 19 I Cr 20 21 M W_ o � a D';' 22 A -I A (D o K O O "C! S �3 000 ' 23 o g c 24 T �• 25 1 limited decision. And based on the testimony here today that has not been rebutted -- and you are in a very disadvantaged situation, because so are we, by the way. We were bombarded with exhibits, and we're looking -- and some of these exhibits look alike. Their package looked like your package. So I feel your pain. Believe it or not, I agree with you on something. MR. ECHEMENDIA: I appreciate it. MR. BOCKWEG: Mr. Chair. MR. SHIVER: But whether or not -- hold on, hold on. But whether -- but I think -- but I think the City said that -- explained his position very clearly on why the decision was made, though. And if our analysis should be based on -- I mean, he took us to -- he said Exhibit C has to be a necessary standard, and they didn't find it was necessary and he explained. You didn't really rebut that. And you're at a disadvantage, because I'm sure you were ambushed. No doubt in my mind about that, okay? But I'm not too sure if that is MIAMI-DADE COUNTY COURT REPORTERS, 'INC. (305) 373-5600 1 C 0 n n 1 2 3 4 5 7 8 Erl 10 11 12 13 14 15 16 87 enough for us to rule in your favor, but I want to at least make that part of the record on your behalf, okay, that I don't -- I think the notice -- the denial notice should have been a little more explicit on the reasons why, okay? Maybe there were conversations. Maybe they felt you had understood, your 20 -plus years in the business, your several years of litigating similar issues, maybe they thought there was a general understanding on why, but it's not apparent here today. I'm going to -- I'm prepared for a motion, but -- CHAIRMAN PINA: Give me one second. One second. Yes, sir, and then Mr. Urquio1a. MR. BOCKWEG: I just want to clarify one issue real quick, that under the -- currently minder the Zoning Code, which you do not have to interpret to see this clearly, Santiago Echemendia and Outlook Media is not entitled to anything. Nothing. They do not have a settlement agreement with the City of Miami. Only MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 ' 18 19 ' 20 M M, C 'i 3 0 3 21 = No a n - Io+ r' a 22 Ol 3 p D 3 ' n�oaM 0 0 23 G C '6 00 r, K S M� n3 3 24 3 S n 87 enough for us to rule in your favor, but I want to at least make that part of the record on your behalf, okay, that I don't -- I think the notice -- the denial notice should have been a little more explicit on the reasons why, okay? Maybe there were conversations. Maybe they felt you had understood, your 20 -plus years in the business, your several years of litigating similar issues, maybe they thought there was a general understanding on why, but it's not apparent here today. I'm going to -- I'm prepared for a motion, but -- CHAIRMAN PINA: Give me one second. One second. Yes, sir, and then Mr. Urquio1a. MR. BOCKWEG: I just want to clarify one issue real quick, that under the -- currently minder the Zoning Code, which you do not have to interpret to see this clearly, Santiago Echemendia and Outlook Media is not entitled to anything. Nothing. They do not have a settlement agreement with the City of Miami. Only MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 n 1 13 1 1 2 3 4 5 6 7 20 8 (. 9 1 10 11 N rr 12 1 CBS, Carter and Clear Channel are entitled to placing billboards in the City. Nobody else. MR. SHIVER: But let me respond to that. I tend to agree, except counsel came and talked about an Exhibit G. In Exhibit G, it said that -- it proved to me that there was an agreement between Outlook and Carter at some particular point. Clearly that marriage was broken in 2010 apparently. So it were more recently. So I'm not too sure, if you can hit a home run on that argument alone, you know. And the Chairman heard the argument and said he still gave the applicant, or I guess the appellant, an opportunity to make his case. So under the code -- and we're not -- we're not legally interpreting this, they may be an aggrieved party, okay? They may be an aggrieved party. And so that's not a winning argument, but you don't have to beat him on that. Beat him on just a reasonable basis for the denial, and I think you're looking good. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 13 14 15 16 1 CBS, Carter and Clear Channel are entitled to placing billboards in the City. Nobody else. MR. SHIVER: But let me respond to that. I tend to agree, except counsel came and talked about an Exhibit G. In Exhibit G, it said that -- it proved to me that there was an agreement between Outlook and Carter at some particular point. Clearly that marriage was broken in 2010 apparently. So it were more recently. So I'm not too sure, if you can hit a home run on that argument alone, you know. And the Chairman heard the argument and said he still gave the applicant, or I guess the appellant, an opportunity to make his case. So under the code -- and we're not -- we're not legally interpreting this, they may be an aggrieved party, okay? They may be an aggrieved party. And so that's not a winning argument, but you don't have to beat him on that. Beat him on just a reasonable basis for the denial, and I think you're looking good. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 17 18 19 -- 20 (. $ 3 Q, 21 H " N rr �+ 3M 22 w o c a 1 0 23 � O=! S �3 ��� 24 0 Cr X �- 25 1 CBS, Carter and Clear Channel are entitled to placing billboards in the City. Nobody else. MR. SHIVER: But let me respond to that. I tend to agree, except counsel came and talked about an Exhibit G. In Exhibit G, it said that -- it proved to me that there was an agreement between Outlook and Carter at some particular point. Clearly that marriage was broken in 2010 apparently. So it were more recently. So I'm not too sure, if you can hit a home run on that argument alone, you know. And the Chairman heard the argument and said he still gave the applicant, or I guess the appellant, an opportunity to make his case. So under the code -- and we're not -- we're not legally interpreting this, they may be an aggrieved party, okay? They may be an aggrieved party. And so that's not a winning argument, but you don't have to beat him on that. Beat him on just a reasonable basis for the denial, and I think you're looking good. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L L u 1 2 3 4 5 6 7 E:o WE ' 10 CHAIRMAN PINA: Mr. Urquiola. BOARD MEMBER URQUIOLA: Mr. Shiver, how many times we given already this case? Yes. You see how many people we have over here? We have to take care of all these people, because they are human like these people. We give them too much time already. And I hear so many things. This gentleman talk and this gentleman talk. And a lot of this we don't need it in the Zoning Board, and I don't think they're talking about, we are not interested, and we are not supposed to be interested in a lot of this talking over here tonight, believe me. This is very clear over here. I read over here that Mr. Carter make an agreement to remove it all the signs in the City of Miami, an agreement he made it with the City. And that'way, we don't have nothing to talk. If they want to talk or go to court, pero not over here. It's too much already we hear over here. We are not supposed to argue so many things. It's not irrelevant (sic) to reserve one of this case. Only we have to MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 ' 12 ' 13 14 ' 15 ' 16 17 ' 18 19 1 20 -- M 21 ' C", 3 o a' 22 -,Vfl.3 H J�N,4 r► 7 'I = 23 D; 5 o c cws . 'o 24 ';n30°0M o 25 o � s n 11 CHAIRMAN PINA: Mr. Urquiola. BOARD MEMBER URQUIOLA: Mr. Shiver, how many times we given already this case? Yes. You see how many people we have over here? We have to take care of all these people, because they are human like these people. We give them too much time already. And I hear so many things. This gentleman talk and this gentleman talk. And a lot of this we don't need it in the Zoning Board, and I don't think they're talking about, we are not interested, and we are not supposed to be interested in a lot of this talking over here tonight, believe me. This is very clear over here. I read over here that Mr. Carter make an agreement to remove it all the signs in the City of Miami, an agreement he made it with the City. And that'way, we don't have nothing to talk. If they want to talk or go to court, pero not over here. It's too much already we hear over here. We are not supposed to argue so many things. It's not irrelevant (sic) to reserve one of this case. Only we have to MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 r L G' L 2 3 4 5 6 7 8 ti 10 11 12 13 14 15 16 17 18 19 20 13 "0 ° 3 21 22 1Afl. � M M a ° ° � 1 D 30 23 0 M '0 do m 24 1'n3 CA 'q-3 �a 25 1 study part of the agreement. And we can see it clear, made it very clear, the City have the right. I want to make a motion. CHAIRMAN PINA: Make your motion. BOARD MEMBER URQUIOLA: We don't have it over here. Bridgette. I move the requested agenda Item Number 1, that the decision of the zoning administration, Planning & Zoning Board director, be reversed and denied. And that the requirements of Section 13 -- BOARD MEMBER HERNANDEZ-ACOSTA: Are you -- BOARD MEMBER URQUIOLA: Deny the appeal. BOARD MEMBER HERNANDEZ-ACOSTA: You're denying the appeal? BOARD MEMBER URQUIOLA: The appeal. CHAIRMAN PINA: Uh-hum. MR. ECHEMENDIA: I thought we got a break there for a second. BOARD MEMBER URQUIOLA: Because the City have the right, if this gentleman -- and it say over here, he cannot rent it. MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 C L r C 0 C 0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 `E:A 0 91 He cannot sell it. He have to go personally to the City Commission. And this gentleman coming with nothing. Where is Mr. Carter? CHAIRMAN PINA: Yeah, he's denying -- a motion by Mr. Urquiola denying the appeal, upholding the zoning administration decision. Roll call, please. Is there a second? Is there a second? MR. SHIVER: I'm going to second it, and could I make an additional finding on that. And the reason I'm going to second it is because, under the agreement, on the replacements and relocation of signs, it says; In the .event it becomes necessary for Carter to replace any signs. This is on Exhibit C. And I think what the Zoning Administrator's representative said is that he didn't find it necessary. I'm going to find that reasonable, however, that may be a little vague and general, because I don't know necessarily who's supposed to make that finding. I don't MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 19 fD a 20 -I�a3 21 1 i, ; c Dom c 22 1 n 3 T 23 c, 24 ' 25 1 0 91 He cannot sell it. He have to go personally to the City Commission. And this gentleman coming with nothing. Where is Mr. Carter? CHAIRMAN PINA: Yeah, he's denying -- a motion by Mr. Urquiola denying the appeal, upholding the zoning administration decision. Roll call, please. Is there a second? Is there a second? MR. SHIVER: I'm going to second it, and could I make an additional finding on that. And the reason I'm going to second it is because, under the agreement, on the replacements and relocation of signs, it says; In the .event it becomes necessary for Carter to replace any signs. This is on Exhibit C. And I think what the Zoning Administrator's representative said is that he didn't find it necessary. I'm going to find that reasonable, however, that may be a little vague and general, because I don't know necessarily who's supposed to make that finding. I don't MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 L C L 1 2 3 4 5 6 7 8 M 10 92 know if Carter's position or the City's position. The,City is saying it was their position. So if they're saying it's their position, then I'm going to support them on that, but I think that could be read both ways. But, however, I find that there's a sufficient basis for the decision, so I'm going to second it. CHAIRMAN PINA: There's a motion and a second. Roll call, please. MS. FORGES: Mr. Urquiola? BOARD MEMBER URQUIOLA: Yes. MS. FORGES: Mr. Shiver? BOARD MEMBER SHIVER: Yes. MS. FORGES: Mr. Lopez? BOARD MEMBER LOPEZ: Yes. MS. FORGES: Ms. Hernandez? BOARD MEMBER HERNANDEZ-ACOSTA: Yes. MS. FORGES: Mr. Berlin? BOARD MEMBER BERLIN: Yes. MS. FORGES: Mr. Garavaglia? VICE CHAIR GARAVAGLIA: No. MS. FORGES: Mr. Pina? CHAIRMAN PINA: I'm going to base my MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 11 1 12 ' 13 14 ' 15 16 ' 17 ' 18 19 ' 20 r c�21 1 ° Cr hN °• 22 j � 7• �p 1 a'3F 23 0 jrA ID ° T 141, 24 P1 0 ° M Ix- � ° 0 a' 25 �* s �• 1� 1 92 know if Carter's position or the City's position. The,City is saying it was their position. So if they're saying it's their position, then I'm going to support them on that, but I think that could be read both ways. But, however, I find that there's a sufficient basis for the decision, so I'm going to second it. CHAIRMAN PINA: There's a motion and a second. Roll call, please. MS. FORGES: Mr. Urquiola? BOARD MEMBER URQUIOLA: Yes. MS. FORGES: Mr. Shiver? BOARD MEMBER SHIVER: Yes. MS. FORGES: Mr. Lopez? BOARD MEMBER LOPEZ: Yes. MS. FORGES: Ms. Hernandez? BOARD MEMBER HERNANDEZ-ACOSTA: Yes. MS. FORGES: Mr. Berlin? BOARD MEMBER BERLIN: Yes. MS. FORGES: Mr. Garavaglia? VICE CHAIR GARAVAGLIA: No. MS. FORGES: Mr. Pina? CHAIRMAN PINA: I'm going to base my MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 93 decision based on the zoning ordinance 11000, yes. MR. ECHEMENDIA: Mr. Chairman, we just want to thank you -- MS. FORGES: Motion. MR. ECHEMENDIA: Sorry. MS. FORGES: Motion to deny passes six to one. MR. ECHEMENDIA: Thank you for affording us the opportunity to know why it is that the City denied our application. And, Mr. Berlin, and Mr. Shiver, and Garavaglia, thank you very much, greatly appreciate it, and Ms. Hernandez. (Thereupon, at 8:40 p.m., the hearing on Outlook Media of South Florida, Inc., Appellant, was concluded). MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 ' 2 3 ' 4 1 5 6 1 7 ' 8 9 1 10 11 ' 12 ' 13 14 ' 15 16 ' 17 1 18 19 ' 20 21 22 n a 3 3 23 n o a c w z 24 n3 c 003 fD 0 C" 25 25 � z 1� 93 decision based on the zoning ordinance 11000, yes. MR. ECHEMENDIA: Mr. Chairman, we just want to thank you -- MS. FORGES: Motion. MR. ECHEMENDIA: Sorry. MS. FORGES: Motion to deny passes six to one. MR. ECHEMENDIA: Thank you for affording us the opportunity to know why it is that the City denied our application. And, Mr. Berlin, and Mr. Shiver, and Garavaglia, thank you very much, greatly appreciate it, and Ms. Hernandez. (Thereupon, at 8:40 p.m., the hearing on Outlook Media of South Florida, Inc., Appellant, was concluded). MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 1 ' 1 1 2 3 1 4 1 5 6 ' 7 1 8 9 ' 10 11 ' 12 ' 13 14 1 15 16 ' 17 ' 18 19 1 20 3 21 .h a3 8' 22 ir o A� 0 23 -� o c s n3 00Z -a 24 a- 1� 1 - - 94 CERTIFICATE OF REPORTER I, Lorena Ramos, National Registered Professional Reporter and Florida Professional Reporter, do hereby certify that I was authorized to and did report the foregoing proceedings, and that the transcript, pages 1 through 93, is a true and correct record of my stenographic notes. DATED this 30th day of March 2010 at Miami -Dade County, Florida. LORENA RAMOS, RPR & FPR COURT REPORTER MIAMI-DADE COUNTY COURT REPORTERS, INC. (305) 373-5600 7 a P e a a 19 U ® o� n Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk M I ■ TEW • CAR.DENAS LLP ■ A T T O R N E Y S A T L A W MIAMI • TALLAHASS), WASHINGTON DO AMANDA L.. QUIRK �YRUTEIVSDiurr XNE. 305.536.9216 IOctober 7, 2009 IVIA ELECTRONIC MAIL AND FACSIMILE Mr. Pedro G. Hernandez City Manager City of Miami 3500 Pan American Drive Miami, Florida 33133 ■ Re: September 29, 2009 Appeal to City Commission Dear Mr. Hernandez: FOUR SEASONS TOWER 157m FLOOR 1441 BRTCIULL AVEME MIAMI, FLORIDA 33131-3407 T 305.536.1112 F 305.536.1116 WW W.TF.WLAW.COM On Friday, September 25, 2009, Carter -Pritchett -Hodges, Inc. submitted FDOT Forms 575-070-04 for the following locations (collectively, the "September 25 Locations"): ■ a) Contomporary Contractors - Miami Dade County Folio 01-3124-003-1440 - b) GT Used Tricks - Mian ­ii Dade County Folio 01-3125-035-0360 c) Bricl..ell Village Land Company - Miami Dade County Folio 01-0205- 000- 1131 d) Seveimine -Miami Dade County Folio 01-4138-001-2070 !. e) Caul'artners Realty -Miami Dade County Folio 01-4137-036-0020 f) The Little Old Real Estate -Miami Dade County Folio 01-3125-025-0280 g) Tanaka -Miami Dade County Folio 01-3113-025-0041 ■ On September 29, 2009, Outlook Media of South Florida LLC ("Outlook") filed an appeal to the City Commission (the "September 29 Appeal," attached as Exlvbit A) of the zoning board's decision on. September 14, 2009 denying the appeal of the zoning administrator's determination dated February 19, 2009 (the "February 19 Determination," attached as Exhibit B) that the request for renewal of outdoor advertising signs by �l Submitted into the public record in connection with ■ item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 Pedro Hernandez October 7, 2009 ' Page 2 of 3 Outlook is not authorized. Outlook specifically stated in the September 29 Appeal that 1 "[i]f the Cit} approves the applications [the September 25 Locations], Outlook will hereby withdraw [the September 29 Appeal] for [the September 25 Locations] and will waive all claims against the City related to the City's approval of the [September 25 ' Locations] for Carter -Pritchett -Hodges, Inc. as the applicant." Notwi thstandi.ng the foregoing agreement by Outlook, at a meeting on October 6, 2009, the City attorney's office tools the position that the September 25 Locations could 1 not be approN ed until the September 29 Appeal was withdrawn by Outlook. However, at the same October 6, 2009 meeting, the City attorney opined that Outlook could not withdraw the September 29 Appeal without the consent -of CBS Outdoor, Inc. Outlook ' disagrees thal the consent of CBS Outdoor, Inc, is necessary to withdraw the September 29 Appeal btscause CBS Outdoor, Inc. is not a party to the appeal- the appellant is Outlook and Outlook has the unilateral right to withdraw the appeal. 1 At th(:: October 6, 2009 meeting, the City advised that if Outlook provided notice of the withdrawal of the September 29 Appeal and CBS did not object to the withdrawal 1 within ten (N) days, CBS would be deemed to have no objection to the withdrawal of the September 21) Appeal. Furthermore, the City agreed that during this ten (10) day period, the City would not accept or approve any outdoor advertising applications for CBS. A ' copy of the notification to CBS is attached. In accordance with the aforementioned request by the City, Outlook hereby withdraws the September 29 Appeal, which withdrawal will become effective (1) upon ' receipt of CBS' notification of no objection to the withdrawal of the September 29 Appeal; or (:) ten (10) days after receipt of this letter if the City has not received a notice of objection by CBS to the withdrawal of the September 29 Appeal. In the event that 1 CBS objects to the withdrawal of the September 29 Appeal, the September 29 Appeal shall not be withdrawn and the September 29 Appeal shall proceed to hearing before the. ' City Commi.-;sion in accordance with Article 20 of the City Zoning Code. The only other reason raised by the City at the October 6, 2009 meeting for refusing to process and approve the applications for the September 25 Locations is that a ' relocation plan must be adopted by the City Commission for the relocation of outdoor advertising t;igns. It was agreed that the City is in the process of adopting a relocation plan which will (1) not be prejudicial to any of the three (3) outdoor advertising ' companies tl tat have settlement agreements with the City; and (2) will proceedto hearing before the City Commission without delay. ' Therofore, there should be no additional obstacles to the processing and approval of the applications for the September 25 Locations. If there are any additional hurdles � prior to the I 'rocessing and approval of the applications for the September 25 Locations s o and/or this letter is not an accurate representation of the understanding reached at the Y .3 04 a, ' October 6, 2009 meeting, please advise by Friday, October, 9, 2009 so we may address r4C CL ' any discrepancies. 0 00 s :� . s L' c c F u Tew CARDENAs LLP c � o Q u O 2 O �? our Seasons Tnwer, 15th Floor, 1441 Brickell Avenue, Miami, Florida 33 13 1-3407 • 305-536-1212 I E al a ' � O c E r 1 Pedro Hernandez October 7, 2009 1 Page 3 of 3 Thank you for your consideration in this matter. Sincerely, 1 Amanda L. Quirke 1 cc: Pieter Bockweg Veronica Xiques ' Warren Bittner Herm inio San Roman Glenn Smith ' 531696.1 1 1 1 Submitted into the public record in connection with ' item PZ.6 on 04-08-10 Priscilla A. Thompson !; City Clerk TEw CARDENAS LLP 1 our Seasons Tower, 15di Floor, 1441 Brickell Avenue, Miami, Florida 33131-3407 •305-536-1112 1 r 0 1 1 1 M a U CJ a� Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk G'J a T 7 C U z x 1 0 1 1 1 M a U CJ a� Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk G'J 911Ruden ,McClosky October 20, 2009 Via E -Mail and U.S. Mail Mt•. Pieter Bockweg City of Miami. City Manager's Office 444 SW 2nd Avenue Miami, Florida 33130-1910 200 EAST BROWARD BOULEVARD SUITE 1500 FORT LAUDERDALE, FLORIDA 33301 POST OFFICE BOX 1900 FORT LAUDERDALE, FLOIRIDA 33302 (9541527-2466 FAX.,t9541333-4066 GLENN .SMITHct RU DEN.COM Re: Outdoor Advertising Forms Submitted September 25, 2009 ("Carter Applications") by Carter -Pritchett. -Hodges, Inc. ("Carter"); Letter dated October 1, 2009, from the Attorneys for Outlook Media of South Florida, LLC ("Outlook"); Letter dated October 19, 2009, from the Attorneys for Outlook to the City Manager and You Dear Mr. Boekweg: As you are aware, this firm represents CBS Outdoor, Inc. ("CBS"). This letter is in response to —I the Carter Applications and to the October 1, 2009 and October 19, 2009, letters from the attorneys for Outlook. In both letters, Outlook seeks to create new procedures and deadlines not set forth in the City Code. None of OutIook's demands or pronouncements can have any effect on CBS' rights and positions �- on the Carter Applications and the matters set forth in Outlook's letters. You, of course, are aware of the recent meeting between CBS and City representatives in which CBS notified the City that CBS does not consent to the withdrawal of the September 29, 2009 appeal or consent to the Carter Applications. Nor can Outlook dictate what applications the City should accept and consider under the CBS Settlement Agreement or the City Code. CBS' coininentslobjections as to the Carter Applications and the September 29, 2009 Appeal are, without limitation, as follows: 1. As to the following sites, CBS has no comment or objection, assuming that FDOT applications and building permits can be legally issued by the City: Contemporary Contractors, Sevennines and Tanaka. 2. CBS objects to the City's execution of the FDOT application for the GT used Trucks - Site, because an FDOT application was previously executed by the City for CBS, with the authority and approval of Outlook - 1 3. CBS objects to the City's execution of the FDOT application for the following sites, because said sites do not meet the State spacing requirements due to previously executed FDOT applications issued to CBS: Briekell Village Land Co., CanPartners Realty, and the Little Ole Real 0 3 o a v Estate. °- c oo E u RM:6844W52' CC u c !_ r Q 0 ° ro RUDEN, McCLOSKY, SMITH, SCHUSTER & RUSSELL, P.A. E ° E BOCA RATON • rT. LAUDERDALE • MIAMI - NAPLES • ORLANDO - PORT ST. LUCIE - SARASOTA • $T. PETERSBURG • TAUAHASSEE TAMPA • WEST PALM REACH 3 d -�! N i _ r r F U n e Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk T L L D r Y TAW - CARDENAS LLP A T T O R N E Y S A T L A W BOB de la FUENTE Direct Line: (305) 5--1641460 E -Mail: WCaaftewluw.com April 5, 2010 VIA HAND DELIVERY Mr. Anel Rodriguez Administrative Assistant II City of Miami Hearing Boards 444 S.W. 2nd Avenue Miami, Florida 33130-1910 FOUR SEASONS TOWER 15TH FLOOR 1441 HRICKELLAVENUE MIAMI. FLORIDA 33131-3407 T 305.536.1112 F 305.536.1116 www.TEw1AW.coM Re: Notice of Appeal Regarding Zoning Board Resolution No. ZB-R-10-008 1 Dear Mr. Rodriguez: This law firm represents Outlook Media of South Florida, LLC ("Outlook"). 1 Pursuant to Article 20 of the Zoning Code, we file this appeal of the above -referenced Zoning Board decision. The Resolution is attached hereto as Exhibit A. 1 Background On March 22, 2010, the Zoning Board denied Outlook's appeal of the Zoning 1 Administrator's December 16, 2009 decision regarding Carter -Pritchett -Hodges, Inc.'s ("Carter") submittal of FDOT Forms 575-070-04 for the following locations (collectively, the "September 25 Locations")': 1 a) Contemporary Contractors -Miami Dade County Folio 01-3124-003-1440 b) GT Used Trucks - Miami Dade County Folio 01-3125-035-0360 ' Outlook Media of South Florida has filed this appeal because Outlook has an agreement with Carter 1 Outdoor for the placement of outdoor advertising signs in the City of Miami ("OM -Carter Agreement"), pursuant to which agreement the applications for the September 25 Locations were submitted to the City of 1 Miami. The agreement is attached hereto as Exhibit B. Therefore, Outlook has standing in accordance with Sec. 2002 of the City Zoning Code, which provides, "Such request may be filed by the applicant or petitioner or by any person or persons, jointly or severally, aggrieved by the action of the zoning board, or by any officer, department, board, commission, or bureau of the city." Further, "An aggrieved or adversely affected person having standard to sue is a person who has a legally recognizable interest which is or will 1 be affected by the action of the zoning authority in question," Renard v. Dade County, 261 So. 2d 832 (Fla. 1972). Pursuant to the OM -Carter Agreement, Outlook is entitled to some of the September 25 Locations; accordingly, Outlook is an aggrieved party and has standing to file this appeal. 1 Submitted into the public record in connection with item PZ.6 on 04-08-10 1 Priscilla A. Thompson City Clerk 1 ' Mr. Anel Rodriguez 1 Administrative Assistant lI City of Miami Hearing Boards April 5, 2010 Page 2 of 3 ' c) Brickell Village Land Company- Miami Dade County Folio 01-0205- 000- 1131 ' d) CanPartners Realty - Miami Dade County Folio 01-4.137-036-0020 e) The Little Old Real Estate - Miami Dade County Folio 01-3125-025-0280 ' f) Tanaka - Miami Dade County Folio 01-3113-025-0041 1 On December 16, 2009, the City denied the applications for the September 25 Locations in an email to Rex Hodges, attached as Exhibit C. The reason for the denial cited by the City is "because Carter has no entitlement to such under the authority of either the City of Miami Zoning Ordinance, Carter's Settlement Agreement with the City, dated August 18, 2003, or the City's/FDOT's 1000 FT Pilot Program." Carter is Entitled to Permits Pursuant to the Carter Settlement Agreement Carter has a settlement agreement with the City of Miami (attached as Exhibit D), 1 which permits the relocation of outdoor advertising signs. Since the Carter Settlement Agreement was approved in 2003, the City has issued at least five (5) relocation permits without asserting that Carter "has no entitlement" to permits for outdoor advertising signs. It is a mystery why the City is now asserting that Carter "has no entitlement" to 1 permits, when the City has previously issued Carter permits in accordance with the Carter Settlement Agreement. 1 Carter is Entitled to Permits Pursuant to City of Miami Zoning Ordinance 1Section 10.4.5 of the City Zoning Code permits outdoor advertising signs pursuant to settlement agreements. Carter has a settlement agreement with the City, and the ,City has previously issued . at least. 5 permits for outdoor advertising signs In 1 accordance with the settlement agreement and the, City Zoning Code. Therefore, Carter is entitled to permits for outdoor advertising signs in accordance with the City Zoning Code. - - 1 The FDOT Pilot Program Was Not Yet Adopted When the September 25, 2009 Applications Were Filed 1 The City has clearly asserted that prior to the adoption of the FDOT Pilot s Program, it dad not regulate spacing for outdoor advertising sign applications. On M 3 a September 25, 2009, the City had not yet adopted the FDOT Pilot Program. F-urthermore, o a 6 E U ' the City has no Zoning in Progress ordinance. Accordingly, it was improper to deny any of the September 25, 2009 Locations based on any aspect of the FDOT Pilot Program. c c o d 1 — o c 'd v ai c4.1 'v Taw CARDENAS LLP N LA £ ' iu Pour Seasons Tower, 15th Floor, 1441 Brickell Avenue, N ai, Florida 33131-3407 - 305-536-1112 3 u y 7 N 0) 41 1 L Mr. Anel Rodriguez Administrative Assistant II City of Miami Hearing Boards April 5, 2010 Page 3 of 3 The City is Estopped from Denying the Permits "The doctrine of equitable estoppel may be invoked against a municipality as if it were an individual." Hollywood Beach Hotel Co. v. City of Hollywood, 329 So. 2d 10, 15 (Fla. 1976); Sun Cruz Casinos, LLC v. City of Hollywood, 844 So. 2d 681 (Fla. 4lh DCA 2003). See also Castro v. Miami -Dade County Code Enforcement, 967 So. 2d 230 (Fla. 3d DCA 2007). The City has previously approved at least 5 other outdoor advertising permits for Carter, and is estopped from denying the applications for the September 25 Locations based upon the bare assertion that Carter "is not entitled" to the permits. 1 For these reasons, there is no basis for the City's denial of the applications for the September 25 Locations. The City Commission should therefore reverse the Zoning Board's decision. Please accept this notice of appeal, in accordance with Article 20 of the Zoning Code. Outlook reserves the right to supplement this appeal prior to and/or at the City Commission meeting. In accordance with Article 18, all actions are stayed pending resolution of this appeal. - Therefore, no outdoor advertising applications should be accepted or approved within 1000 feet of the September 25 Locations, pending the outcome of this appeal. Ly 1 ;bdKe'la Fuente For the Finn cc: Carlos Migoya, City Manager Warren Bittner, Esq. Orlando Toledo Lourdes Slazyk Veronica Xiques, Esq, Pieter Bockweg t Submitted into the public record in connection with item PZ.6 on 04-08-10 1 Priscilla A. Thompson City Clerk TtZVVCARDHNAS LLP 1 Four Seasons Tower, 15th Floor, 144I Brickell Avenue, Miami, Florida 33131-3407. 305-536-1112 0 i L 0 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk U r n LI L MD014 Duna "Fr 1►'l E1►'3 ORA V' L V 1 I.L V DATE: January 29, 2010 TO: ALL PRE/V)I�O%USLY REGISTERED LOBBYISTS FROM: PRISCILLA A. THOMPSO Mr� RE: NEW LOBBYIST REQUIREMENT The City of Miami has recently enacted changes to the rules pertaining to lobbyists; specifically Section 2-654 of the City of Miami Lobbyist Code entitled, "Registration; fee; disclosure requirements; lop, of registered lobbyists; exemptions from payment of fee." Effective January 14, 2010, the City of Miami requires that all lobbyists submit a certificate of completion of an ethics course provided by the Miami -Dade County Commission on Ethics and Public Trust or the City of Miami along with their annual registration form. For your review, attached is a copy of the ordinance adopted by the City of Miami Commission. To obtain additional information regarding the ethics course, please contact the Miami -Dade County Commission on Ethics and Public Trust at (305) 579-9093. PAT: ne ENC: Ordinance 13125 Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla:A. Thompson City Clerk 1 City of City Hall Miami / ��I! 3500 Pan American Drive Legislation Miami, FL 33133 1 www.miamigov.com Ordinance: 13125 1 File Number: 09-01232 Final Action Date: 1/14/2010 AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 2, ARTICLE II, OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, 1 ENTITLED "ADMINISTRATION/MAYOR AND CITY COMMISSION," BY ADDING A NEW SECTION TO REQUIRE THAT ALL ELECTED CITY OF MIAMI COMMISSIONERS, THE MAYOR, APPOINTED OFFICIALS AND DEPARTMENT ' DIRECTORS COMPLETE AN ETHICS COURSE; AND AMENDING ARTICLE VI, 3 0 0. d SECTION 2-654, ENTITLED "LOBBYISTS", TO REQUIRE THAT LOBBYISTS o o c �,. COMPLETE AN ETHICS COURSE; CONTAINING A SEVERABILITY CLAUSE, U 1H AND PROVIDING FOR AN EFFECTIVE DATE. ° E- o r- 0 _ +�+ _ E E Q, E a WHEREAS, the City of Miami ("City") continues to be historically known for its revolving door of , to *' ' scandals and repeated, blatant breach of ethics; and WHEREAS, each new breach tarnishes the public trust that could be developed in between each scandal; and WHEREAS, any momentum toward public confidence is lost each time a scandal is revealed; and WHEREAS, scandals have become so pervasive that the public appears to have become immune and disinterested; and ' WHEREAS, the cry for enforcement of ethical standards has been silenced because of the false promises by public officials; and WHEREAS, the population that was so discouraged and outraged by the irresponsibility of the public officials and City employees who are servants of the public is silent; and ' WHEREAS, a basic guidepost for ethical behavior is doing what is right, and behaving according to expected ethical standards, which should be part of one's central character before being elected to office; and 1 WHEREAS, the City Commission of the City must set the expected standard and demand that the standard be the highest it can be rather than holding Miami's public officials and City employees to a mere minimum standard; and 1 WHEREAS, the City Commission seeks to establish clear criteria and objective standards under which Miami elected officials, Department Directors, lobbyists, and employees are expected to ' operate; and WHEREAS, in enforcing and demonstrating such criteria, clear examples of unacceptable ' Ci of Miami Page I of 4 File Id: 09-01232 (Version: 4) Printed On: 21412010 ll ll u u u 7 File Number 09-01232 behavior with real-life scenarios must be taught; and Enactment Number: 13125 WHEREAS, the standard must underscore the avoidance of the appearance of impropriety; and WHEREAS, a mandatory course, including examples of unacceptable unethical behavior, especially as related to conflicts of interest, gifts and other ethics rules should be required before any elected or appointed officials, any Department Directors assume the duties of their positions; and WHEREAS, any person who seeks to register as a lobbyist in the City should abide by applicable ethics rules; and WHEREAS, no newly elected Mayor, City Commissioner, appointed officials or Department Directors should take office prior to taking an ethics course, with curriculum set by director of the Miami -Dade County Commission on Ethics and Public Trust; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted and incorporated as if fully set forth in this Section. Section 2. Chapter 2/Article II and Article III of the Code of the City of Miami, Florida, as amended, is further amended in the following particulars: {1} "CHAPTER 2 ADMINISTRATION u c • • • = 0 Y CL N C. C ri E U ARTICLE II. MAYOR AND CITY COMMISSION c c Q c C c •p u 0 N Sec. 2-38. Ethics Requirement. 0 E a 'A L The manor, city commissioners, city manager, chief of operations, chief financial officer. chief information officer, chief of fire, chief of police, department directors or those with equivalent positions, executive directors of boards or committees and all appointed board members are required to have completed an ethics course within ninety days of taking office or within at least one (1) year prior to taking office or employment. The City Manager, City Attorney and City Clerk shall coordinate and present or cause to be presented an ethics course and make such course available at least quarterly. Any person in violation of this section shall be subject to the penalties provided in Section 1-13.121 City of Mand Page 2 of 4 File Id: 09-01232 (Version: 4) Printed On: 2/4/2010 r i 1 C C H File Number. 09-01232 Enactment Number: 13125 ARTICLE VI. LOBBYISTS Sec. 2-654. Registration; fee; disclosure requirements; log of registered lobbyists; exemptions from payment of fee. (a) A person may not lobby a city official, a city board member, the city manager or city staff, until such person has registered as a lobbyist with the city clerk and submitted a certificate of completion, of an ethics course provided by the Miami -Dade County Commission on Ethics Public Trust or the City of Miami completed no more than one (1) year prior to registering. Such registration shall be due upon initially being retained as a lobbyist by a principal, prior to any type of lobbying activity, and shall be renewed on a yearly basis thereafter. The annual registration fee for each lobbyist shall be $500.00 as an initial registration fee, plus an additional fee of $100.00 for each principal represented for each issue lobbied on behalf of any one principal. The registration fees required by this section shall be deposited by the city clerk into a separate account and shall be expended for purposes of recording, transcription, administration and/or any other associated costs incurred in maintaining these records for availability to the public. The city commission may, in its discretion, waive .the registration fee in demonstrated instances of financial hardship. Regardless of the date of the initial registration, all lobbyists' registrations shall expire December 31 of each calendar year, and shall be renewed on a calendar year basis. *11 Section 3. If any section, part of section, paragraph, clause, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor. (3) 1 Footnotes: C j Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk City ojMian d Page 3 of 4 File Id: 09-01232 (Version: 4) Printed On: 2/4/2010 r r File Number.' 09-01232 Enactment Number: 13125 {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate ' omitted and unchanged material. {2} Chapter 1/Section 1-13 entitled "General Provisions/General Penalty": Any person violating the provisions of any section of this Code or any other ordinance, where no other penalty is prescribed, shall, upon conviction, be fined not more than $500.00, or be imprisoned at hard labor on the streets or other works of the city for not more than 60 days, or shall be both fined and imprisoned. Each day that such violation shall continue (or, in the case of shows and exhibitions illegally conducted, each rperformance) shall constitute a separate offense. {3} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten ' days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. 1 n n Submitted into theu I' p b is record in connection with ritem PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk City of Miami Page 4 of 4 File Id. 09-01232 (Version: 4) Printed On: 2/4/2010 r ad LU 2 0. 0 14 U 6 V (Submitted into the public record in connection with item PZ.6 on 04-08-10 Priscilla A. Thompson City Clerk 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 November 11, 2009 Mr. Peter Bockweg City of Miami City Manager's Office 444 SW 2nd Ave= Miami, Florida 33130-1910 RE: Can Partners Folio No: 01-4137-036-0020 Dear Mr. Socking & Mrs. Holsehuh, JO PRATS JR. & ASSOCIATES, INC. LAND SURVEYORS - LAND PLANNERS Mm Lynn Holschuh Outdoor Advertising & Logo Administrator Florida Department of Transportation 605 Suwanaeee Street. Mail Station 22 Tallahassee, Florida 32399-0450 Outlook Media of South Florida, LLC rctaincd the services of our firm, Mario Prats Jr, & Associates, to review and field measure the spacing between Outlook's proposed sign at the above referenced site and the existing billboard to the south located at 300 SW North River Drive. Ora review indicated that Outlook's proposed sign is greaw than 1000' feet, a curvilinear measurement, from the existing billboard to the South. If you have any questiots please do not hesitate to call at (305) 551-6000. W:yx 10D..Smrnl D-- t.h MW -k Nd. HOh—d p , 52 S.W. 81 Avenue Mimi, Florida 33144 - Voice (305) 551.6000 - Fox (305) 265-9480 Submitted into the public record in connection with item P_on 0404r Priscilla A. Thompson City Clerk