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HomeMy WebLinkAboutOctober 4, 2004 ZB TranscriptMIAMI ZONING 5222\ HEARING Monlaz, October 4, 2005 6:00 p.m. City Hall 3500 Pae American Dive Miami/ Florida Reparted 2y: . Kathy Schwab, Court Reporter Notary Public. State of Florida Esquire Deposition Services, ££2 N. .Miami Office . Job t Pone - 800-224-1266 205-651-0706 ES%U1RS DEPOSITION SE2VICES : . (305) 01-0703 G7ie §!«: Services (305') 37!23; ..n�� E!/ | Vi<::C) 3 l' Chairwoman: :rro`(€kali. _1eana Hernandez s Y Zoning Board Miguel Gabela jose :< G aguzza, Esq- F'�G`.r.a. 3 ? rai G _ u� l.�'v�Cl'W juv'ena! P i a Allen Shulman E t;1. nge Urquiola Georges William Luca Dougherty - Attorney for the Applicants 2. Bernard Zyscovich. - Attorney dor the Project Andrew Dickman - Attorney for Rod A.lonso, Elvis Cruz & Morningside Assoc_ _- Lourdes S ayza k - Asst. Director, Planning & Zoning George WEysong - Zoning Board Attorney 12 Mr. Fernandez - City Attcrney 13 Lionel Toledo - Zoning Administrator _4 15 E6 18 2CO 21 22 23 24 2 I Esquire EepoAbon Seri kes (305) 37:-2713 ovq n a -C, — 0 C e e _:jj -1 S were n a C1 Numbe- e !sea T H E C I I -E RK. lte� Number S. 5101,31'scavre ;ou"Levarl"'. wh I'I s IS apDea I v Andrew Dickman, FS -quire on 81 be ha I o f the Morn n gs i de C" _4 v"' c Assoc' at i on, 9 Inc. Can't Rod A-.1onso, Ron Stebbins, Scutt 10 Crawford and Elvis Cruz o-' the Class I! 1 SDec-dalP e Appl_J_cation No. 03-0310,9, rr-L 4 t 12 a3DProved with conditions by the Plannina 13 Dire --tor on July 2-, , 2004 for new construction. 15 CHAIRWOMAN HERNANDEZ: Thank you. 16 MR. DTCKKTN: Good evening, Ma'am 1 j C h a r-, members of the Board, -Andrew Dickman. 18 with law offices at 91-:1 Park Drive in Miami i9 Shores, F,_Icrida. 20, For the record, IF'd also 'Like you to 21 note that T have a Masters degree in urban 22 andregilonal planning and I have held an 2 3' erg can lnstltute Qf Cert -if iePiarlTIQ -94 recogn 'on for im, ost g.,7-,ing on i5 years, as well as a orae -_icing atto-nev E-sq-kiire Deposition Services (130_5)371-271113 Esquire Deposition Services (305) 371 -2713 i represent the Morningside Civic 2 Association. They have numerous residents 3 who live in and adjacent tc the proposed 4 development, Quite succinctly, our pcsition 5 is zhat this development viciates the Miami. 6 Neighborhood Comer ehensive Plan, which, in 7 several places -- and i will put these into 8 the record -- in several areas, the land 9 use i MS. DOUG HARTY : Madam Chair, could I interrupt for a second? 12 i would like to proffer a Motion To 13 Dismiss on three out of zhe four grounds 14 that have been alleged by Mr. Dickman, and I 15 think that this is one of them. And I think 16 it would be appropriate for me to at least i 7 7:ake that motion prior to any testimony i8 given on the comprehensive plan. 19 CHAIRWOMAN HERNANDEZ: I will defer 20 to our attorney. 21 MR. WYSONG: Thank you. 22 i think that's appropriate. There's an 23 appeal and she's moving to dismiss the 24 appeal, so it would be in order to hear the 25 Motion Tc Dismiss first. And then if those Esquire Deposition Services (305) 371 -2713 5 r = _,e de n7e, or joserveu, . t en a �uc=ao :3 M—,'- D0 U u.�» ..R7 uc1 Doughert- w -_i t ^f!m.ices cv ALS:.. s J_ c k e 11 giver ue o I m ere on be. 1_ o the owner and ao�...w. cans.. With 8 me nere �eoday is Q;e.r ry e .den an arr y 9 Eisenbe-g, who awe the applicants. _0 There are four grounds. `nat have been iI alleged. And i f you p al 1 out Mr. Dickman's 12 appeal, he has --- the first ground is that 13 it violates the Comprehensive Plan. Second arc und is - aat it vim fates 907.3.2. Third 1.5 Ground is that it violates the standards of 1.6 :305, And the fourth ground is that they 1i violate c-ue process in that tdey didn`t 1S apply S -9. F On the -'irs - g ounce, it ` folates , he 20 Comp. .elan., this is ?ct somet.h-ng even the 2i Planning P%epartient can consider when 22 issuing a Class Plan. ? f words, 2 _31 the Como. P__a :and -re ?en -ng ordinance must 24 I be cons.stent, 2 Bu.have not asked for a charge Jn Esquire Deposition Seiwices (305) 371i" 271 6 EsquVe Deposition Serv'=(--05)371 1 wnen you be dlcne. 5 nct S Ome `- in t h a e 3-J..ar rwn e D a'r --im e - can I c c k a wPen e arJ_ssu ng J-5 Classs �eca'ase, -.hev have Standards, and are Arid t- h e -- e f: or e t ' S, n, o t 3 orn',e t I -i n a. th, a h s 9 Board can considel-, as weli . i -H 0 ill d on a :m i nu e Lou -rd -es, would ym: commef,t on that? Go L-er by item. Y1 S . S AYZ AK Lucia's correct. Th -s application did not seek an amendment to the Comp. Plan. It s a special Deri n The criteria that we use -for special is, -he criteria -4o-- the ;permit rev--':e-,,v Is not t i. pomp. Plan amendment and they weren't 20 seek--".-,,-, a-zon-Lng change Or COITIP. Plan 21 amendment. It's d f -f e r e n -- criteria. 22 C—HAIRWOHRN HERNANDEZ : Okay. Tuc-a, proceed, Urease- 24 M S- . D 0 U G HEE R T- Y sec-:.ond, standard 2" is, y -,- zi%-, I -t we -,,, ioi at ed Q GO 2 And EsquVe Deposition Serv'=(--05)371 1 .-.a _ _,5 _ (.)o- iu to E:! ✓ a L'sC -pY ,.:E_'.: i, w have ino _- ,^ppe, C.d t- e L.'o i�ec E. z0n..._fg O ; ne =_rre ✓t �3tand�a_�"js of the 4 s - a Auain, �ave the same mo --ion in v mon n=' -_c -n -h those two. I h e_s- a r e n 7 you can -ons�der because -hey. 8 aren't t linas '--hat -f_-he Planning Department 9 Can Consider when They make their ic recQzzurre dal=- on fac_, those issues were Ii Bete --mined IJV t ':.e Zoning Admit.i swrator in 12 Nlovemlber of 2003, when, you'11 see -- right aI_I-er Mr. Dickman's appeal, you'll see the 14 Class 11 permit zoning referral, and it's l� signed by the Zoning administrato_r 11-20-03, _6 that decision, where at says that the Zoning 17 Divis-ion of the Zoninu and P`= anninu 1� Departme t found t_,iM to be it compiance 1� with all applicable zoning regtlirement's and 20 _requires a- Class Il . .,. 2" straor S o that a t the Zoning ?�dmi.nit- 22 determined 917 was applicable. Tt 23 determined what law regardinu SD -9 was 24 app--cabie and no one appealed that 2.. dec s_on. No_wi4_ tandinca ..he fay t -ha` alp F-sawire Der)ositioi Services 1305) 371-2713 M Esqu E iire reposition SQrvices 1,305) 37 1 -27] abutting ncrices -- K! abuttinq residences 2 were given notice K our appeal -- 1 mean, 31 our Class Q permit application. 4 So, therefore, based on two grounds. One is that it's untimely because they 6 didn't appeal that decision when they made 71, those decisions. And secondly, it's not 8 something that's part of the standards for 9 the Class K permit. You can't make 10 those -- those snandards aren't in your 11 Class !I permit application standards, of 12 which 1 will pass out a copy when we get to 13 cur hearing. 14 Based on that, I'd like the Board to 15 consider dismissing the first ground/ the 16 second ground, not the third one, becaose 1/ that's the standards. That's the 1305, but 18 the fourth ground, as well - 19 CHAIRWOMAN HERNANDEZ: Thank you, 20 Lourdes. 21. Would you please comment on that? 22 MS. SLAYZAK: We have zoning here 23 that can comment on the zoning issues. put 24 what 7 do Want to, I guess, tell the Doavd 25 is that when you're reviewing a Class !I Esqu E iire reposition SQrvices 1,305) 37 1 -27] 4 § ar 6 9 10 '1 12 13 4 15 16 18 i J 20 2� 22 23 24 2 S e W te way — v �u ore on appe- ana w'- -a ejou can do iS pp o`Je the car',Dea , deny Tha- s it u": -he j u risdIct_.on c this Board z_ to 'do But �l ou »�; �,> ii" use the 3an.,e standard there :Msec: in the original G ass - ; special Permit. Yoe: can't broaden the standards o the criteria. C1:AiR'NOMAN � E'RNANDEZ : 'n other words, Lourdes, 907.3.2 what it was when th-' s carne-hrough and not what it became or is becomdrig or will become. Ms. SLAYZAK: Correct. CHT �IRWQM N HERNANDEZ : `Ihan ycu. MR. D':CKMAN: Madam Lhair, ? wauid like an opportunity -- CHA7RWOMAN HERNTtNDEZ: Le'u me finish with Lourdes. Is Zoning Coming up? MS. SLAYZAK. We have Zoning here, �i v'ou have anv questions -L h the applicabi I itv�. _[_i on was or=or "o the This c J csguiij-e Deposition SeTViCeS " Oa) 3 ,1-2-7 13 9 H 1 amendment of SD -9, so it was not renewed 2 under the new SD -9. The new SD -9 was 3 adopted very recenzly. This application, 4, because it was filed prior to that amendment 1 5 being passed by the City Commission, was 6 allowed to continue to be reviewed under the 7 apPlicable SD -9 at the time it was filed. 8 And we have Zoning here that can 9 comment on 907, CHAIRWOMAN HERNANDET: Please. MALE VOICE: Excuse me. Could you 12 give me some information on number thiee? 13 DOS. SIRY ZAK: Which one was number 19 three? Oh, the 1305, that one? 15 MALE VOICE: 1305, yes. 4 MS. SLAYZAK: 1305 is the criteria 17 and it is the standards that should be used 18 for Class II. And that's when the appellant will gointo his reasons why he believes it 20 doesn't meet 130E. iat that one 21 CHAIRWOMAN HERNANBEZ: Lucia is 22 proposing to dismiss the first one, second 23 one and fourth one, not the third so we 241 don't have to consider the third one. 25 MS, SLAYZAX: The third one is the Esquire Deposition Spi-vices [30 .'1 371-2713 .,..JLs- , e _ 141 .L i:: i. o 4 Gne "c) f Z o n J ngrdli,-: n s tw 0L w svher .he applicat—Jon came t nrou,, it was c.aecked for a' I `—andar'ds anvil 2ve-'ryth` n was fine ^} CHAIRWOMAN a ER ANIDIEZ Everyth-ing, 9 it was reco=ended for approval ,ender tine s-a31dard5 '-hat were current at -t=ie t -1 -me? MR, ` OT DO o Yes. CHA 7-- 'OMAN HERNANIDEZ : Not the ones 13 than. were or pail= become or in he process 1.4 of. 1 MR. DICKMA : Madam Chair, 16 procedurally, I'd Ii- e to point out, in a ? court of 1aw CHAS"r�ZWOMAN HERNANDE'Z: Wait a 10 ruin ate . We're not in a court of_aw :sere. 20 met' s not ever, go into a ccurt of law, 21 MR. LICK€iAN: Candidly, this is a 22 quasi --judicial matter, i 3 CEATR OMAN HE RNANDEZ: Mr o ' vsonc, 24 would I-1 fie to co?TiITent on why we're Mot a 2v Lours of lam', pease. s ire Deposaicon 5�rvices t305i Sit-?71� m Esuuire Deposit;= 5ervices ()05)1 71 -%Ai 4' T, D.ckman t;_e fi, ndaixm e n, -a", 4 U e 'Q1 -1, 01 C C-1 S 1:� Rl- d da I t ho :.i' h we're not In a 7 c int t _G', 4T o s e ru es e 77 - de n c e a n p I V Howe7e- o - o. n T- o !Disiuniss has been a m- !ieard and now, there stlouldl be a resIDcrise to _:ie mio-__,,n To OsmJ;ss '--e fore the Bcard -Lkes any cactl-,'Llon. 9 MR. DICKMAN: No-1-mally, when an In atUorney warts -.o Drof fer a Motion To Dismiss, they will Give no -Lice to the othef 4. -hat ng to argue a Motion side they are i3 c Ci5mi55 so that the other side would have an opportunity to prepare and argue 1 --hose points. My colleague knows --b-i-s. 16 For the record, I'd like to out that 1,7 out there, that no notice to dismiss was -B presented to :me whatsoeve--. That's fine, if she wants to -make them. i have no problem 20 with tl'iat. I just want to p,,:,-- on the 2 1 record, in a court of law, .she would 'r-_�ave 22 been reciui.-ed to give notice. 23 CHA.-`-R-vqOMTtN 1HERNANDEZ: Oka\,7. But 24 we're not in a court of 2� 'V.J c) u l d you -lease refer to them,. please Esuuire Deposit;= 5ervices ()05)1 71 -%Ai Esquire Deposition Services (305) 371-2713 MR, U, e- 0._e,: KMAN: N, W 0 M A1 ER, _N"A1.,,1 D EZZ fc)-ur, sol we Can mmake a C_-�ecisicn on I.-hos-e ai�d r'e'v back to three. i, D I C' K% M Yes, ma'am. 6 Under Fiorida Law, Cha-ps-er 163 vour p .anning 3taf�: kncws well ;-,nd ,ODe_,a_,_yj your attorney aces, as Wei- 0. all ale7,,-elonme� t orders in the -ctate of 10 Florida issued by _municipalities are 1 requ-red to comp'y with r V our C lan. J_ 2 iz- c� 2:e, far il'ar w-1-th 1 'sure all f you areL ' Jn your coals, o—ecties and polices your 14 Comp. -Plan, ano I'm sure all of you-all lnave been briefed an the weight thi s Comp. Plan '6 carries with it. That your decisions, staff 17 - decisions, all o--" Lhese decisions, whether 18 they be land development _-eaultions or land 5e -hanQes or requests Cor textual changes n- in tree Ccmn. Plan deve-1 opmen-t orders, i.e., 21 building permits, need to comely With your 22 Comp. Plan. Your Comp. Plan does have Qrov`sions in 24 it for protectLnq adjacent and existing c s -ughou resi,­nL'al neighborhoods- �hr Esquire Deposition Services (305) 371-2713 IBM 1 your future land use element and your 2 housing element, to name two chapters that are in your Comp. Plan. Your own codes say 4 that the appeal can be made of any decision 5 of the Administrator. it does not limit it 6 to things thaz are just narrowly defined by 7 opposing counsel or what they claim that 8 they had to meet. You, in fact, are required to comply 10 with your Camp. Plan. Under state law, 11 those development orders -- if you issue 12 development orders that'are contrary to your 13 goals, objectives and policies -- and I, 14 again of course, you're not changing the 1.5 Comp. Plan. Nobody's elleging a future land 16 use map amendment here. Nobody's alleging a 17 textual change. Of course, that would have 18 a different directior. it Wouldn't 19 necessarily come to you. It would go 20 through one Planning Advisory Board and 21 others. 22 Again, your decisions have to comport 23 with your Comp. Plan, your institutional 24 directive of how this City will plan and 25 grow, issue development orders. Esquire Deposition Ser -vales i305) 371-27 1 33 Esquire Deposition Services 1305) 371-271 _3 LC VOUza 1 -11 - -Le o.�a4 i one 2 nuv cnea CHR: RWOMAN H1.7RNANDIEZ; Have vou: conc-uderd w u th-- fi--st iter...? Hue 'ICKMAN: 0r 1 -he F-rs- CEA RWO"�IAN H�;ERNANIDEZ- Lou --des, again -�n' - could you, pplease, Comment a-;iin C, � the first itexL? 9 MS. SLA' ZI�F: Yes. -r course, all development approvals -'-n 11 the city corn iv with the Comc lar, What I 12 said was, or, I guess, maybe 7 needed to be 13 more --J,ear, 'when an aoi--i-ication does not 14 include an amendment to the Comp. Plan, -En'e 15 criteria, the standards that we measure that. 16 application by afe very d ifLferent than when 7 it's a special Permit.. None of these, the 18 1301 cr-ter-a, the special permit criteria, 19 reflect the directly the Comp. Plan. The C-`�`---v of Miami's ComD. Plan was 21 -'oun-d to be. in compliance with our land 22 deveioument- regulations, our zoning code. 23 The twQ mus - matc', They have . o be --'n c cm P I i an c e . So if a recnuest nor development 2 5,a�P-rova-n corner and a develcomment o---aer. is Esquire Deposition Services 1305) 371-271 _3 squirt fl�cisiiirviaes (305)371-21713 4- - A n �,?e zcnina G. codc-, it I' s v.ii c o -m -c arilue, w th R L The t'hlngs that Mir. Dic",cman Wa'S S;,.Ving abo-ut or-otec-E-Ing ne-'ah'-orh-ods 6 encroachment of- -1-and uses or incompatible devei-opmen-., those are a':! the goals, A objectives and po7icies of oul- Comp. Plan. 9 But -Lf the developer is not seekirg to 10 chanae and he's got ]-_is land use and zoning the developraent cor:�p_'ies with the rubs 4 then. n, nof of that land use and zon 1q, J_ t is 13 deemed an incomp.atible encroachment because 14 he is meetina the letter of the law for zoning, and �:ur zcn--,'Lng is ii -i comp -dance with Sc, _I don't bel_eve that a Como. Plan ie is throwing -Lhat out as -a reason to deny 19 a Class !I, when there's no Comp. plan 2C amendment- being sought. it -'s not part of 21 the criteria, not what's before this hoard. 22 You're hearing an appeal of a Class !I 23 Special Permit that's cot different 24 crIt-e--ia. 215 CHIIA'I-Il RWOMAN HERNANDEZ T h a n, k %,o , squirt fl�cisiiirviaes (305)371-21713 1? Esquire D pc)sition Services 1305; 3711-271 la=y vt w 'e ;oaro: �ernbers have any i 3 4 .: n4i, ; hey Coo t nen 1s anyo orevare o make a mction for or aga-Lnst v C1_ '', -mesa-' o.4 , a'.. rone o± �.�.em 4 --no, .+ -_... j 3 7 IM .SALE VOICE, �mckvc to dei v the 9 apper3l a 1 C CR_AIRWO AIN HERNANDEZ : No. Okay. . 11. Let me exp.lai n a minute. We're not warlcing 12 c: the whole appeal, itself. On part one, _3 i item. Number 5. An,s not an appeal.. 1 Miss Dougherty's proposing to -- 15 MALE ',I CE: Out of the four 15 sections, the one that's proper is 1305, 17 ccrrec ? 5o I hove -- l CHAIRWOMAN -1ER.N74NDEZ: Yes. 1s, MALE VOICE: I move to remove the 20 First -wo and whe fourth. 21 MALE VOICE 2: We haven't heard a 22 response on those other two elements. 23 CHAIRN OMAN HERNANDEZ : Pardon me? 2/4 ALE VCµCE 2.From tie appellant on 21: those two -arguments, so we're onl1✓ Esquire D pc)sition Services 1305; 3711-271 in 1 wnsidering the first argument, whic-ri 2 relates to wnezher or nct there is a basis to appeal, based on an inconsistency. 4 CHAIRWOMAN HERNANDEZ: That's what 1 3 was trying to explain. just the part one of 6 item Number 5. MS. SIAYZAK: You should be 8 cons idering a motion either to dismiss the 9 first couni or not to dismiss. 10 MALE VOICE: i move to dismiss the 11 first count. 12 CDAIRWOMAN HERNANDEZ: Is there a 13 second, please. 14 ANOTHER MALE VOICE: I second. CHAIRWOMAN HERNANDEZ: There's a i6 motion and a second. 17 Call the role, please. 18 THE CLERK: Mr. Garbela. 19 MR. GARBELA: yes 20 THE CLERX: Mr, Ganguzza. 21 M. GANGUZZA: I just want to 22 comment, in response to Mr. Dickman's 23 concern about being caught. by surprise. You 24 know, I'm a lawyer, too, and LLE `d like to 25 have notice of a motion like this- But in Esqi-li?-e Deposiiiar, Senvices f,305) 371-2713 4 9 12 16 17 1 P 20 21 ..22 23 24 25 t is c a s e E s D o u kncw, -,he bases tlrat y ou S e f of f c r t n Carr ID -y put uponio �e-F-nd 'Ch -at 4LSsue I �, ou 1 d hoe e t1nat you were pre7pared f: C) r that, sc I do 7see an o- -noconsiStencv- tri tII-e Cor-'-oPlan issue, So T'n goinq o Vote yes In support of the motion the vote on the motion. MS. SIJAYZA-K: Y ou vo�ed yes. please. THE CLEAY-, Mir . Pina. MRTNA: Yes. THE CLERK: Mr . S h u Ima r, MR. S H U LMIA Yes. T ,lnderstand the argument, Lourdes, vcu're saying, is -1hat.automatically, the zoning .rias been deemed in c oinp 1 ince with. use Com,o. Plan. Ana these Fore, i -F the prc)ect na, is in conip-jiance w�t� then zcn-L autocratically, at least for legal purposes Fo--!- the --ose Ms. -pu- s 'D a r- r- e a I 1s rot one of the cr-ter-a. MR. U L M !�N vote ves. Esquire Deposition Services :.3051 W 71 1 -2-, 7 1.' ) 19 Esouire Deposillor, SQrvices (3305) �71-2713 V I 'a T -i, ri E R Nl Ae1 -.Lina E Z r Y" J QU r- T __ELRK Mr Wi I I'am. 4 TA, I L L 1AM: guess, F o f t h e. 5 C' I't v more becaus e T vote ves 6 THE C L. E R K Mi�S 'Chai-r. C HA R'N 0 M AIN _Hi,R N AN D Z Y e s 8 THE CLERK: Hot-ion. pas_seS, eight to zero. Ili CLYAIRWOMAN HERNANDEZ: UKay. 11 Dickman., would you, please, address 12 point two. 12 MR. D-CKMAN: Let rLne also state that 24 i n A cle 16, wjjjch s, general-.y, uhe criteria that describes what can and cannot 15 be appealed to this Board and I 'm going 17 to read verbatir... 18 7 tSays, "Appeals tca the Board may be 19, taken by any person aggrieved or by any 20 of-ficers, Board or agency of the C-ity 21 aLfected by, and this is paren 2, "any 22 decisionof the Director of the Department 23 of -D-iannina. B.-I-11dirg, Zonincl, wry C hiding, 24 but not IJ:Imited cd decisions invo_ivJng C la S S 1I S c JL a i- e 1 n i t E Esouire Deposillor, SQrvices (3305) �71-2713 squire Deposition Services ('05) 1-2 i 1.3 No w e E: e aC s I r, 1. ,w 011 LO 2 1 ✓ s -,,,qh ' 7 i ue_fm- s are re -emir ;. h i e z o n no, - o� zoning .�ooe, your lana 5 deveicprrent regula, t io ns may have been eemed :J c'.^.ad'�iiJ:� ile w_'.. lam., sd y0,,,.L l�C1_ SL__�l doe's no- utcaia" ca l . v bless vo r 0 development orders. Therefore, i -f your 9 de-velopment carder is found to be contrary to J your Zoning, it could very well be contrary 1 to ,your Co? p a Plan. you don't -- 12 CHAIERWOMAN -H RNAND Z a Did you coo 13 back to one? 14 MR-. DICKMAN: X10. I'm on two, I'm 15 on two. I'm talking about your zoning code. 16 Your zoning code, your land development 1 1 .: equlat=ons . . 18 And _you are required, ander the code, 19 to follow your :and development regulations. 20 We "ave alleged ,`;at this prc_eet -- 21 CHAIRWOMAN HERNANDEZ a When i" s 22 criteria that pertains to this Board. 23 MR. D=MAN: T11 -LL point --g to -- 24 I exact' o -he code, Art- i_c; ;e =8, t1-iat saes, i 25 „anv decision, 13 -1c -I ud,r:Q.'g It doesn't squire Deposition Services ('05) 1-2 i 1.3 Esooir,- DQPositior Services (3205)371-2713 �XC',TQI-,- any cthe� -,ons, G So, we are bfjng-' .Ln( j t"'i e --r e , guMent z-; lan and Q t down G1 sra-- the romp, P- LO Llrle ZC'li---, code, CCU` d 7 6 ads that `sectio r 1618,06 of Art`c-e -'8 says, "Hear -'ng Powers of Zcning Boa -rd. i r, no a-athcr-ity to review, she decision exercis L L 9 of the acirr ni s -t -a ive official, the Zoning Board shad have all the powers of the ll Officer from whom the appea' ys taken and --'n 2 c=formity with the provis,'Lons and in 13 this -- in the --aw of zoning, may reverse or affirm., who7--'y or in part-, cr may mod --'-"'y the 7 t' decision a0pealed from and may make such 6 o e made.tb decision as ought L- 7 That dovetails with Miss Siayzak's 18 cora ents, that you're s -it -ting in judgment of 19 the decision cf the Director of Planning, 20 not any decision, althouch it says "any 21 decision, you are l -!7,i ted to the facts of 22 this particular case and the applicable 23 laws. end here 'Ls some-1-ina, for exantple, 2 4 - C -al., te cc n -I- h e '-sli countor the app- 2 _5a n was never ParE of the Zorning Director's I- Esooir,- DQPositior Services (3205)371-2713 23 Esquire Depositior Servi(;es (305 371-2713 _es, Mr� Dickman V ,-, C��-rina-�Ce Caarding DMI,,Plapus'an,- - 4!ter the stau'e1;uttheonn3-ard was not 6- Lhe app-rop-riate- rlemery. 7 MS �-h-e had been, AYZAK� ',- 8 let' s say, an intelpre.latioD of the Comp. 9 a writ ten, interpretation by the Planning Direct.s.sere -or and -hat .sere -o be appealed, it would come to this body as an 12 appeal of the interpretation of the Comp. 13 Plan 'What's here before you is an appeal 14of a Gass TI. It was filed as an appeal of a C`ass I., not an appeal of -a Comp. flan interpretation of how something should or 17 shouldn't apply to a p-iece of property. 18 You have to use the same criteria that 19 the Direct -or used in reviewing the Class 11, CEAIRWOMAN EERNANDEEZ: WIould you 21 continue with number two. 22 MR. DTCKM,,AN: The criteria includes 23 fevlewling whether is compati-le with t:ie 0 EE COMP. Plan. i helieve e-ven Section 13CS sav5 -thcat. Esquire Depositior Servi(;es (305 371-2713 Esquire -Dez)oszitjoii Services (3 35) 271-271.? -ANIE7: do vou a a r e e 7, rea"'.1v not go ing ��o le-�� h is tu-rn -egal I" Li a s --'n.e case, -hen 7eu's have yc,, you know, address .,he at-torney and he can rebut it and you can '-o b a c -k and --�orth, because -1 don't- -think r. t- h a M", R. DICKMAN: don't want to be 10 here all -n`gnt either CH,P.IRWOMAN HERNANDEZ: Excuse me. 2 T don't think flu-- a,Lt-ornev, City's j-, attorney or the De7cartment is agreeing with 14 what you're stipulating. 15 MR. DICKMAN: 'That's okay. 16 CHAIRWOMAN HERNANDEZ: I'm not an attorney and not head of the department. Neithel- is anybody here on t11 --le Bbard. I'm so--ry. City attorney. 20 can Wester a MR. UIC.-KMAN: T '2 2 Personal ily, J-.' we could have -ust put 23 cn our case in ch--ef, the develo-oe-f could 24 =-4 have made t' --heir motions, we could have heard 25 -le has a" of these at one --L.me. nsteadl, s` - Esquire -Dez)oszitjoii Services (3 35) 271-271.? �( =i o J_, n`s hear -_n _ i7 _ _nese i_ eve arguir.ient-S .:..k; ne.r rebut .`w'+.=.. I �o (. ur ..o cart twc� °off..` 107 31'.2, please. US. J_ -K AN: We al. eue -haw it's __a 8 v_4 olat 0-n o E that, of your Zoni nu code. uC u ' rE requi r ed to f ff Lv ale ZOning Code. 10 MS. D OU G7 H ERT` . Not =7 y one of the w1 criteria, it's pont imelly. That decision was 12 raade by she Zoning Adminis+_-fator in' ,his 1 � et uer that ' s i n vour ti,ackace in November o: 200. And ghat was not appeaieda And ust 15 like Mr. Dickman said, you car- appeal any 16 decision by the Zoning Adm1.nistrator, the Plannl ng DepartMer t . He dial not make that 18 appeal; therefore, it's untimely to - not 19 only is it not part of the criteria, a_so GL unt. me. ' . 21 CHAIRWOMAN HERNANDE : Okay. 22 =cordes, would you, please, put anyone who 2? is not familiar with 907.5,2 u to date on 24 901,3.2. �5 MS. SLAY2AK: This LL.s -- !' €ust Esquiz-e Depositioi1 Services 13505? 3377 26 17 In this case, the Zoning signature, 18 which interpreted corp .'ance with the zoning 12 requirements was done, as Miss Do},�gherty 2e. said,._n 2003. . That. decisionof of Zoning was 2-,movednot appealed. So, the Class II 22 f cr aard, acid that s not one of the criteria 23 for the Class II Special Permit 24 CHIP:IRWONA? HERIvANDEZ: ',ha,nk You. 2 Oka- . Board ;embers, do you have any EsquH-e Depositifmi Services (305) 371-27; 11 ; v 1.n . t v .Y ,. 1y f . "-'-led w' s..n t q e s I ri v s fob %e applicant Wy ss upe �a7 Peca u a �a:�e -heir dewTel—oment plans to the 6 .:J Y.!r ,... ,''l..f D? V..L.s.1..o1,i ai1d Zon«-. tya doe,_ a �eYah �.eLie ifU j I make sure that _w o"C..^e`-r�ri se ccmp-�es I�?t &I zoning and al L of he . cther aspects, 9 setbacks, height, parking requirements, 1(� ureen space, etc, 11 And once Zoninc hus determined that it 12 meets all of the zoning requirements and all that's ?eft to do is the Class II, where we 14 do he design review, then Zoning will wign 15 cuff and refer it 'for- the Class II Special 16 Permit. 17 In this case, the Zoning signature, 18 which interpreted corp .'ance with the zoning 12 requirements was done, as Miss Do},�gherty 2e. said,._n 2003. . That. decisionof of Zoning was 2-,movednot appealed. So, the Class II 22 f cr aard, acid that s not one of the criteria 23 for the Class II Special Permit 24 CHIP:IRWONA? HERIvANDEZ: ',ha,nk You. 2 Oka- . Board ;embers, do you have any EsquH-e Depositifmi Services (305) 371-27; 11 B f E v i i i i yo 12 1� 14 15 l6 17 l� € 7� 20 21 22 23 24 25 'SAL .fc'ICE, Mo_ionto DI's .__.ss 'P4-nt _ e E 2,Ton. na e a Ques-. s -he Cuss TT in Maes par ic�_ar case w ,,at does en c umber' IN ha _s j_t a11,ow:_ z-,-7 �ie:C iC oC� MS;, SLAtiZAK. 1 e Class I. Spec -a1 Germ' is f ---r new ccnstr c-zion of a Ti w --'--.h some mixed use development, on Biscayne Boulevard. It is in. the SD -9 Special Zonlncf D -strict. That's why the Class Ii Special erIiti? isei ire, iia order to review it against the special reguireme-r,ts.o- SD -9 and the design considerations built into SD -9. MAL -71 VOICE 2: All that was done? M'S. SLfiYZAKa It cowr_- ies with SD -9 at the r_ir:ie .that it was f --'--ed- SD -9 has since been modified, but at the time that -Lt was filed, it complies with SD ---9. MALE VOICE 3: Is.this on the east side or west side of Hiscavne ? MS, SLAYDA�;: It's on -ire east side of Biscayne Eoulevard, EsQuire D?� positio:i Services (305) 371 -2, 13 n7 1) R EsqLire Deposition Services { 305) 371-2713, to 2 4ea t-r� 0- cons - water, ne tV e o n, 1 s e s L rERNANDEZ Ac, tu a I I Y no er re � s no n s Is nes obi ..eye ,q a t and the - 6 bonuses. M2= VOICE 3e No bonuses . CEIAIRWOM.�IN HERNANDEZ: I t ' s c n a Class 71. Ita not a na3or use. MA? E VOT CE 3: ?'here's no variances? - CHA H -:,,NTINDEZ: No variances. 12 MALE VOICE 3: Okay. .hank vou. CHA-IRWOMAN, H E P,,, EZ: Okay. 14 IIr. Ga--avaglia. 15 MR. GARAVAGLTA: At the time when 16 ��-; ou h a d, that application Or Class T permit ' and when you make Youde-ation, isr ccnsl lis still compatible for two, their 19 considerat-ion, since you done June 11, 2C0'3? 201 HS, S77";kYZAK: I be -1 --leve one of the 21 two ;---%Pplications, 4,-ve and s. -Lx, are similar 22 in that they are a block apart on Biscayne 23 Boulevard One of the two cioes Beet 24 does meet --he new heicht regal--e.ments of 2S SD -9, The --the-- one does no--. EsqLire Deposition Services { 305) 371-2713, g 9 e_ _ P r �a _- c `V a .. _ b u c a ,..' } e —v L ,.. A ], sr'..-' t 1 .i.e Ii: 3F a s 1 2 .x. l Lei ..J..+ii16p+ P T �!1 '�.e� SDmm J m d 1 G.ARn ` AG ...r W What ! s t'h e ho a,7 s o'b _ rr� on _n- w _ _ sem, -hat - �,.._L.^ss Ia v'pec°u..al =erm1L? , j} �J i o qq�� j' 1/,, stays Sre�o ti3'A �i VI'"Z.(�.. i!� .��ii� �v � ��]1.. �¢yw SJdE 1 appeal, the new re-uirements wiyi not k ck n, , Once ce tie appeal is settled, whey have 9 six months to get a huild permit, if they do not, bear they gave to comply with 7 'the new SD -9. 12 MPI_ G ARAV AG7LIA: Thank -ou . 13 CHRIRWOMAN HERNANDEZ : MT. Garbela. 14 MR. GARDELA: Yes_, I would move to 15 dismiss pont two and, prefe.rably, point 16 four, because Lourdes lust said that. its 1 not applicable to this -- what we're 1 dec_i.dina here. Sa _ would move to dismiss 19 point two and pont fcur and concentrate on L v point three. .21 MALE `TOICIE : Second. 22 CHAIRWOMAN HERNANDEZ: Motion and 23 second. 24 i_a.i_l the rola> ?a , 2_5 MR. WYSONG: Madam Cl -:a r, hefore ycu 'Zsquire Depositiori Services 30 1 371 -2 77 13 [.`Squire Deposkicm Services (.305) 1 -, — i r -le mction t"OU"., 01 a s know we sa_­,-_-�f f evidence ap,,p]y here; 'Ahowever, fundafr,er­,ajj as process should Ice ,a_ffLorde Mr, Oickmai, and he silculd be, acc-as .L. entit-eci t Ur -o a -espc7i5e as o ,Alhy coun- fol should or srhouid not be d il s im J s s e d MR. GAR DELA. I'm sorry, Mr. Wysong, L orgot 1-7 at po-int. Sc, motion to dism-iss point two. 12 CHAIRWOMAN EERNANDEZ . Okay. T here's a mom -ion and second. 14 Call the -role, Please. .15 THE CLERK. Mr. Gaibela. 16 MR, GARBEIA: Yes. THE CLERK: Mr. Urqulola. 18 MR. URQUIC-LIA: Yeah. THE CLERK. M--. Gancfuzza. 20 MR, GANGUZZA:. vies, 21 THE CLERK: Mr. Pina. 22R. PINA: Yes, 23 71HE CLERK: Mr. Shu" man . 4 MR. Sr'] ri LIMAN Yes. �,,H E CLERK: M r . 14 ia T,- 371 -2 77 13 [.`Squire Deposkicm Services (.305) 1 -, — Esquire Deposition, Services (305) 371-27.13 Ls,1. WILLIAM: ....es. Z, THE CLERK: Ms. Hernandez. . CHAIRWOMAN HERNANDEZ: Yes - I 4 THECLERK: Motion :asses 1 i 5 unanimously to dismiss part Lwo or the W i appear. CHAIRWOMAN HER: ANDEZ a Okay. w Mr. Dickman, 9 Should l move on tc part four? iG MF. D=CKMAN! ?art four involves the V alleged violation of the Special District 12 overlay 9, which is the intent to allow 12 development but protect the adjacent 14 neighborhood. And we believe that not only 15 is this in violation, but for the record, 16 procedura-ly, l believe that this is just 17 not the way a Motion To Dismiss should be V handled, just for the record. 19 CHAIRWOMAN HERNANDEZ: thank you. 20 Lourdes, could you please address point 21 four. r thin; it's the same thing, SD -9- 22 MS. SLAYZAK: Correct. 5 The SD -9 was in the process of being 24 reviewed and modified fi.ed when this application 25 was being processed. it was n1olmatel_- Esquire Deposition, Services (305) 371-27.13 �2 _ Esquii-e Deposition Sa�1vk�-,s (305) T71-27':1 e C_ a TI a0 e S vCSe SO M C_ w aid t T� -�)­ '' BiLTP,:3 oneve- �mentcn 3 1 sca vne o ul e -.,,Tard 3 and _--;oiT1,e ��eticacil: mod.-L-fic at ions bl_t th 4 ;Dro W a ready n p-Goess and was�, al iowed to cont-nue. aga_`�n, Once appeals a al-, t.. one, L h e hay,,e six month to get thei r building 8 Qermit or --h.ev wii-I have to redesign the Pro; ect 10 C_.-LPt.IRW0VjAN HERNANDEZ Thank vou 7 1 Boarder ir, .ibers, any quest ons or 12 motic-ns? 10 CE. MALIF M o 4 i o n t o d i s Tr, i s _q 1 CHAIRWOMAN HERNANDEZ: Okazy. 1 _0 SM:LSS part fojjr. There's a motion Is there a second? 17 MR. 1JRQJIICIJ.L: Second. 18 CHAIRWOMAN HERNANDEZ: There's a motion and second by Mr. Urqujola. 20 'Call the role, please. 21 THE CLERK: Mr. Garbela. 22 MR, GARBELA: yes. 23 T E, CLERK: Mr, U.rquiola. 24 MR. URQUITICLA: Yes, 23 T H;:. CLERK • M G a r -4. q -,o z z a _ Esquii-e Deposition Sa�1vk�-,s (305) T71-27':1 3 33 1 MR. GANGUZZA: Yes. 2 THE CLERK: Mr. Garavaclia. 3 MR. GARAVAGLIA; Yes. THE CLERK: Mr. Pina. MR. PINA: Yes. THE CLERK: Mr. Shulman. MR. SHULMAN: Yes. THE CLERK: Mr. William. 9 MR. WILLIAM: Yes. 0 THE CLERK: Miss Hernandem. li CHAIRWOMr]N HERNRNDEZ: Yes 12THE CLERK: Motion passes i3 unanimously to dismiss part four of the 14 appeal onjumber 5, 15 CHAIRWOMAN HERNANDEZ: Okay. Part 16 .three_ 17MR. DICHMAN: Section 1305.2 is a i8 design criteria recently amended by the City 19 to put more standards in place for not only 20 the administration, but as well as the .21 Board, to make decisions on special petmits, 22 including Class !I Speciai Permit s. that 23 criteria is lengthy aid it is detailed. it 04 requires you to look at a lot of things, 25 including the compatibility with the ComV Esquire De�posiTion Services i.3-05) 3";- 71 31 4 1 Esquire Deposition Services (305) 371-27 13 .an. 2 We believe that this project is, quite frankly, quite sI ply, too big, out of scale, incompatible with the adjacent homes 5 that are directly adjacent to that. Single 6 family homes that, perhaps, at their 7 Lallest, are twenty feet. This property, 8 going from Biscayne back, is a very Ahal.1cw 9 property. it may be a hundred ten fee-:. 10 deep, at its most. They're going to be 11 putting a large development on a very thin 12 piece of property and it will negatively 13 impact the adjacent neighborhood of 14 Morningside, 15 1305 deals with this squarely and 16 directly. It addresses compatibility and 17 scale, bulk and height and buffering. And I 0 believe this project does not meet that A r eauirement and, therefore, we are appealing 20 it. 21 CHAIRWOMAN HERNANDEZ: Thank you. 22 Lourdes, would you care to address 23 nomber three, 24 MS. SLT=AK: Well 25 �ERNANDEZ well, if Esquire Deposition Services (305) 371-27 13 Esquire Det)ositiop, Services (3,05) 371-2-7713 C a C:_rs ✓T L. -V, _7K, V=F -1 h nk th= aQPlican-1- goes nexi- and -.-hen the Citv. CHR_1_-RWCMAN HERNTiNDFZ o 0 ka MS. DOUG ERT: M, ad am Cha-.r, mem -ers o"he Boar-, his 13 a fiery modest -,)rOjeCt. f -t -s on the east side of U. 1n I.- is 9 currently where two motels are located. We have no:. asked for a maor use special Permit, we ..ave h asked for no 12 variances, we have asked _'cr nc; .blonuses, a district which currently has two motels, on it, 'out the motels are no iongelr legal. 15 So, if the motels go away., the only thing o left that can be put op- this property is 17 e-it'-e- res` dentia, or office, not even 18 -retail. 19 And say modest, because i-_ used to 20' have an unlimited height. It no longer 21 does. But even in that context, the 22 Planning Department, my c-, the 23 architects, all .31,--ove to make th.-Ls the most 24 co-m-patib'Le dui=dinas.` n, a c t ualy dowing - 2_ 1-1--th buiidLnus at the same time because -- Esquire Det)ositiop, Services (3,05) 371-2-7713 "soth Same Biscayne u c? We or' q` n --v u a -E'u; r 0U W ets, e o -t v thousand square ee ri l uG sj �zty t o-,isand feet. o r_ a, -Lna had e leven fl. vo.r , we reduced i- -down t eight floors. 0--i q in -a had 89 C� ur_it s, i"!.ow to 62 n4j-ts. arkJngj -:t.s what's 9 required, TLe Height. We used to have 117 teet, n,c--o' down Lc 87 feet. So, �`.+ =� 0,1, 'N : IL actually have less sleight whan is perr!itted 12 in toray I s code . -- C 3AIR(i'MAN HERNRNDEZ < Lucia, bear with me one minute ?.5 Wculd you please read item number -- 16 since Lucia is refer: yng to t, T W.em vui e 17 6. 18 MALE V07CE: Number 5. 1 CHAIRWOMAN I?ERNU NDEZ: NIC. ftem 20 Number 6. 21 THE CLERK: Approximately 5225 22 Biscavne Boulevard. It is an appeal by 23 --P n; n E:w =uire cn behalf cf the 24 Morn) gside uJvic Associa--on, Inc. and Rod 25 'lonso, Ron Stebbins, Scott Crawford and Esquire Deposition Services l305 j 3".171 - 2713 a Esqu,ire Deposition Services (305) 37; 11-27 13 v s Cl-, -z o a. s s S pe e �m 2 71 P cal -ion Nc0_-0308, ai�)proved J th .5 7, - C 0 1-) 1 C r S 0t; e P 1". a - r, I iii: D i e c t- o --r o 4 2--, 2004, cons t ruct lono CH _7 R W 0 7'_, N �! E R N P, N D E Z Thank you0 ca wa Y s a 1 e a d re -a d i n. t 0 t e L _--cord_ As vou re�er to Lucia, 8, e_verybody knows what we're talking b:--,,, a MR. I)IC.KMAN: Madam Chap _r, if could make -a qlj_`Lck suggest` on, and 11 Counsel agrees_ Counsel's going to make the same 1 a rgu, - _tem, we'll 1jent she made in the last L 14 agree that everythino incornorated from that 4 I � the --ring this one. We'll say ails hea go to same thinas, reargue the same CHAIRWOMAN HERN�NJJDEZ: if we do .18 that, how cc we ac about doing that. Do we 9 dc it when -_-h-e time comes? Can we do it now, so we have it fresh in our mond? 211 MR. WYSONG: When the time comes, we 22 should a? so say the comments from this 23 matter will be revised _=nd extended to the 24 next 7a" -e- and .-hen you can say to --4-Le next r _Ta -L -Ler, _=d tl-en vc,,j can vote. They have o Esqu,ire Deposition Services (305) 37; 11-27 13 38 Esquire Depositiorn Services (305) 37,-2'i, be voted on separateiy ._ But, also, 1 _.vagina, since you dismissed Counts one, two and four of this 4 appeal, you have to address those Counts I i 5 3 separately, i you want to, o he neX� 6 appeal. CHAIRWOMAN HERN NDEQ:. That's what Counsel is ,suggesting, which we all agree 9 with wholeheartedly. 10 MV DICXMAN q Put that in the full it motion for that item? 12 CHAIRWOMAN HERNANDEV Yes, the 13 same. 14 HS, DOOGHERTY: The same discussion 15 for both items. 5225, we had, originally, i6 eighty thousand square feet. We reduced it 17 down to sixty-one. Eleven floors, we 18 reduced to eight and a half floors. Ninety 19 utits down to sixty-seven units. The height 20 was, again, 117 feet. It is now 97 feet, 21 which is -- 97 feet, four inches, which is 22 two feet, four inches higher than the code 23 allows you today. 24 So, it was the City staff, it was the 25 Groan Development Review Beard, it was our Esquire Depositiorn Services (305) 37,-2'i, Esq�_Jre De-oosid�p Sen --ices (305) -7 1 _ 713 a r'c I'l e ... S , an )Ur C F, — , WI -C ac r 3 was COM-Patiblc­s.0 sca-]-ed, _--nd ---hey did t -hat 4 n ll'_"ne cron—_t 0: t In -a C 1:', ---a- I c1q. YC,,I' 5 look at 6 A r, 6 1 'I''.' g o -i n q to (D u-, t _7 --o have G; 1�0 _l-, . 'a pass out tlr.e stan�a_-a�s ad 8 apply. 9 CHAT R W 0 Mi -a-, N H E R NN R N -DE Z Mr. Dickman, 0 were you aware of -these changes? I Dr are you saying that- was made 12 initially, Lucia -- MS . DOUGHERTY a Tm sjre he's aware f i t MR. DICKMAN: Yeah, we.' ---e aware of 16 it. 17 MSI. DOUGH ERTY: So, Gloria 18 4 Velazquez, my partner, passing out the -9 - standards of 130-1--. And you'!-' see in zhe 20. standards, w says yw,j have to :review for -1 t;is is the Planning staff and now you 22 review for app-ropriaLeness shallbe aJven 23 j-n�erally and to pot -entice- ly adverse ef-fects ge 24 on adjacent and. :nearby properties of the 2 area, the neighborhoo-d, the city or the wse Esq�_Jre De-oosid�p Sen --ices (305) -7 1 _ 713 4 Esquire Deposi-dog Sergi ices (305) 371-271 i. i.. V 2 s _ nci >_.o%4'4' .Ti ., what e viae . tY ou --o 3 -. �`O'-_-Us on '[5`rwP r e G.. _ r.: awl. ent..,.a I I v adve r se- .. e-! ects are Found, con-s--de--a-Lon shams be f =vee to s e c i a .. r e7m,e d1' a !-m--asures n 9 t io screenincx, bu�ier-fie of the case, inc yudn v 1andscaoi g, con -rcl of manner or hours of a. operation, alterations of the design and Ucnstrutt on of he buildings, relocation of 11 proposed open space or other such,measur-e.s. 12- as are required, to assure that the -_ potential adverse effects are eliminated or 14 -nini;ni zed to the maximum extent reasonably 15 feasible." 16 L-Ae I started out saying, we started i t' ,s application in Nover��er of '03. It rs lg now -W has been seven or eight r;onths . We 29 have gotten major use special permits in 20 Less sire. Cons�s-ently, with the JDRB, 2T with the planning staff, with the architect 22 and with our client, is reducing this 23 butldirag toe extant -ha- we believe it is 24 coanputible, 1 t is in scale, ' t is the rW. - �5 -?nodes- n ro-, ect for th '=� s p-r^iDeY ano verl` .; ��� �ty. Esquire Deposi-dog Sergi ices (305) 371-271 4' EsTdm Dpomdon Senjus P05) 3702713 And i'd iike Bernard Zyscovich. who is 2 on your architect, to come forward and 3 describe the project for you, 4 MR. TALBOT: Thank you. 5 What Lucia just described to you, in 6 terms of numbers, these are the effects of 7 the buildings. This is what we initialQ 6 created for the proposal, related to the 9 building, I think, at 117 feet. This one 10 was what was approved by the Urban Design 11 Review Board. You can see .we kept pushing 12 it down. And in the urbin redesign, there 13 is another iteration where we brought it 14 down even more in order to work with the best that.we could with staff and the 16 Planning Department, to get the building to 17 its current situation. 18 So, you can see there's been a very 19 very significant drop in terms of the 20 building Sesign, the building height, tie 21 number of units. Approximately, twenty-five 22 percent of the base FAR -- forget the bonus, 23 forget all the extras that, most of the 24 time, we go through with our client. just 25 the base FAR, as originally required as a EsTdm Dpomdon Senjus P05) 3702713 42 1 maximam in the code. has, been reduced by 2 f twenty-five _ ercent. So the building is, 3 c.utU..11y, seventy-five percent the size that sA it would be as a baseline. . 5 When the code has finally arrived at 6 its final conclusion, in terms of the :1 height, we have one building at 87 feet, he 8 other building is at 17 feet. The bunting .9 code has a maximum ;:eight of 95 feet. 1C Bo, in terms of the compatibility, even 11 after all of the iterations that have been 12 going on through -shat A now almost a year, 13 this building, in fiery many respects, not 14 all, is, essentially, the type of building 15 height and configuration that would be 16 allowable today, after all of the code work 17 has been accomplished. 18 And as r said, -a voluntary reduction in '9 the size and overall scaleofthe building. 20 We've also gone to the trouble of trying to 21 understand what"s happening on Biscayne. 22 Boulevard.and what are the issues. of 22 compawi.bility, We have some pro"eros up i 24 here in the northern edges Here's Biscayne 20 Boulevard, Esquire i.)epos7tlon Services (305 ) 37? 1.3 W P P squire Deposition Services 37]-271 at F, a b o u h o u h I-- I W a 3 g e t z MR TALBOT - S our --wo And, ire have, pifc-ecn- nurK)er o-1- at 6th (�t--,-et and `Qf-h Street. 'i -se are bc--- 6 b u dims. -- h a �L- a I -- a 1 r e a dv, rri. c r n- or I! e s s a 'ght as this cne. As you drive the same he -L 8 down Biscayne B-cuievard, you'-', probably see 9 ---hein, beo renovated. IT - -_ 11nk i one o -f them 1C° s Laving the skin replaced. I I And -hero we went into Morningside and 12 I-Aa-,lY tock pict-ares, put she building we a- in Lhat has bee - des icned, into a Pho-to 14 Mon --age, to help understand what the impact 15 is on each c,,f the streets that are -there. 16 These are done in good faith, with the best of our a-bilities, t -o show you what the -impact is within the neighborhood. 19 And then, finally, these drawings show 20 you t --he impact o -f w1ria-L the bu-ild-nq's 21 appearance would be on Biscayne Boulevard. 22 And again, we think that they' -re very 23 cor,-,Yatib 'Le with --'ne ex sting iss es. 24 One of t th-ings -hat has nor been 25 7 ; ment-oned, Because a - of the fcc,,-1s has P P squire Deposition Services 37]-271 Esouire Deposition Services (305 ) 2 Cr :' si- j _:aZii�1;J 1sC s y n a 0s __ plank g of the 4, E _ mss" d t'u be t 1e 17c r mow _evard of the C_ v, `? e rig, t -or -way i a y a MIL or _00 fee L =de n evefy urban design component twat 4 8 I'm aware of reiated to t �e major scree tsca _ and !'m sure many of yon have 0 traveled and have seen tI-e ave-ues and 11 souIevards oI Major r L es, and 95 fco-E ' height =or hundred foot right-of-wav is not 13 an imposing scale. We believe that the 14 project is very much in scale. 15 think that Inhere has been a lot of 16 movement in the City to re,ove unlimited height-, -, to constant -1y be pushing this gown. 18 We understand that the lets, themselves, are 19 quite narrow. But by the same token, there ' is an elez er_t of the boulevard that reeds to .21 have some impact and some presence, and it=s 22 our belief that this project is veru much in '3 L 24 So, to sivatre, the street has been 25 ac4 sated. We've taken the comanon areas of Esouire Deposition Services (305 ) 45 Esquire Deposition Services (305) 3771-27 3 4 e :-.u_I d -no, 1„ cause 1u we've I-aken and app -_ed a-: c- _hc pCC-)C ie i emerit�=- 01 Urb_a}_Tt des cn. You e gsee t t s e e activ�tes at te stree-, voa ron f D pancinq a. -he. street leve- . We broua',?t the 6 size and 1Du';.k of the b-. i=dings clown. 7 , -,d in sane es�ec us, 3 s :d�U at, w _ v i c0TTIP at b.Ie, b,?t .ever a Im os in ceirplia ice 9 with aII of the requirements that would be I applicable in the SD -9. i With thai, I conclude our cornmerts. We i2 have sone addiUi ,nal boards, if ycu want me to Go i 7 to It . I do_s ° t t l% i t}7i 1S u 14 des_an sess=or, but we have that 15 infor�mati�on, if you're interested. And 16 thank you verb= much. i CF'AIRWOM;AIN HERKP-,NDEZv Thank you. 8 MR, PIMA: 1 have a quest i on. T G 'laver :� quest I', 10r hire. 20 You mentioned, your iast sentence, that 21 some of this is campatibie with SD -9 22 Mi 'A�HO"T . T t : dn't sG 2 com,;)atibIe. sai%d comr:)Iiant. 24 MR. PINA: Ccm 1an 2 5 MR. I'iiT 1 . UoII1 1 ant. There's Esquire Deposition Services (305) 3771-27 3 46 1 Esquire De,'Position Serviccs (305) 37 11 -2713 I n e -e Cul -r -rent con curd t T, a, hi a kDuJi di:-ig does not 0 e -t'r- W exceed n -etbackc;,m We I re 4 r �- 91 -It abo u- t - he sale i1c, ia h 'There are Certain --'ssues rega-rd-inq a new deoree g 71 - e . ae-back t-nat- we don't cVnm--y wi--h. ar A nd That else- dc --i we comp" y w -i CH2--�-IRWOMA1V HERNANDEZ: L t 7n, e 9 interrupt Yoi-: for a minute- and ask our FL--torney, in considering this, are we s,-ipposeal to be using SD -9 and 9007 .3 .2 as it 12 was when this was approved, or as it is now? 13 i just want to have it reiterated, please. i4- . MR. WYSONG: You have to 7ook at it, what was approved at the time. -6 CHAIRWCMAN HERNANDEZ: What was i.- 17 place when it was approved, not what it is now. 19 MR. WY -SONG: Correct . z 0 R 'TNA: And I undeIrstand thia--. 21 But for my own information. 22 MIR "-7-kLBOT We're disclosing that 23 i n f 0 r ma do i . What 7 ' - L m trvJ ng to say is, z4. even -:"--.ouqh, undel- the original app.lion, 25 ':d have urea ted cou ted a . uch 6`,gger Esquire De,'Position Serviccs (305) 37 11 -2713 Esqu-ire Delpositior. Services (3305) _377 1 -271 i" Jnq Q UC ve veryth-r- we kncw ow -_O o -.0 - b r i ro it doer, Dr I ng e s c a e do=_; a_nd cven `C-oday, wher, yo,j 1,7e,-� albout -he `_rnpact, most pe�DIe are Ca L J p- t to k g bo' t he he _4 oh t o.` t h e b -,a i 1 di ng kali e'!Ne wJ 's. a c;-upie -eet c� 95 --ee-, _L _L - - Tom' 7 one case, below 93 et 8 So? it g v ou-­ Ib e- ief thi z a very 9 com-atible building and is the zv-)e of 10 build'M_- that represents a lot of efforts on everybody's part to try and snake it as 2 acceptabIe as possib�e to the people who - belie =e that it Sbouldn'-_ be here at all. 14 MR. PIN-R: Three thlinas. The 101- angle M.R. T_Ai_.BOT: The angle -- it's the angle, the setback -- -nco The setbacks, we is exceed what- I's the-re now. Miner use is above, -because it's wit`- such a -0 2 marrow 10-. And I t"nk the podium ;.eight.. 21 We're a Tittle higher on the podium. 22 MR. SHIULM.PiN'. I have two questions, 24 ,One is, T,,hat is ycar egress and 251 an r ? Esqu-ire Delpositior. Services (3305) _377 1 -271 i" 48 Esquire Deposition Services (30-5) 371-271- MR, TALBOIT: s' -Veers , MRc:"i:7LMI`E . Ys",� MC nQ to have 9 i valet nark ng € J i Lid'`, 1.%"�_..: «✓V�. _., i.�o�-? .. think so t u' MS. DOUG ER_ Y. And bot-'- s roe -Teets, �n bo De ca�eS, are �iG�eo. 8 other +gordis, they dC'n`t go 3.n -t; ..he. Cj newg'mbor -ood. 'they're closer streets. � 0 forgo,` to tell you that. l MR. :SHULMA.`: And your paring -- 12 now many units, first of all? MR. TA� C.Ta We have 63 cn 5101 and we have 67 on 5225, 15 MR. SHULMAN: So, which one's the 16 las- modems you have, between those three -- hree?17 I Which s the one you planning to -- 18 M -R: TALECT: The smallest, s 19 MR, SHULMAN: The small one. 20 MR. TALB07: In hoth cases. 21_ MR. SHULMAN: And parking, you going 22 to have parking-- arking=23 23 MFS, TALBOT: Structured parking. 24 YOU CC)ne _n a- ae side Street, }'OU Co up %5 the rump and then you have two floors o -L Esquire Deposition Services (30-5) 371-271- 49 Fs,quire Deposition Services (305) 3171 -27 13, C_ -V e f I o E n N - C, w 7many park -i nq ble A e e I s 67, and 89 whe-re M] F, �S �,7 T AN You uoinc --o have e 'hef 4 rst f_loor and the enter--a-inmen't s-'uf7f. Q MR. TA'LJ30T-. No, no. We're tav`na CO=On area, the qym? the lobbyi you know, 11 whatever we're allowed to have that's oart 12 of the apartnqent building, because part of -P-SCaYne Boulevard lisn It- zoned for -1 4 1. MS. DOUGHERTY: You' --e not allowed 15 t -o have any retail in this Part . The only 16 thJLng you can of is residence and -L Thai_'s it. - So we don't in. -end to '-ave 18 offices. This 4 �s going to be co=o -n areas ; _L 9 for the 20resdent-s MR. TALBOT Fo-- the are 21 allowed -- we moved it down to the first 22 floor. CHRIRWONJAN HERNANDEZ Ckay. 2 4 - Lo-airdes, do yc---, have any ro=e=s or, tiara tn'ree-, Contin U 1 :71 C S a 0 a, . Fs,quire Deposition Services (305) 3171 -27 13, 50 w 3I ms: SIAM ti a 1 know e I 305, the Planning and Zoning 3 Department believes that the application is "_ in complains with 1305. As the applicant 7 stated early on this is Class K Special 6 3 .permit that took, approximately, eight monchs, which is seven months Longer than E� € b :-nost of them Wake. It went back and forth 9 with the internal Design Review C:ommiltee A and .,DRB, trying to find the kind of 11 conditions that could mitigate any potential. 12 adverse affects. 13 What was difficult with this one was 14 SD -9 was in progress and we were not allowed 1s to apply the new SD --a. Through our design A review comments, we gave a lot of very 17 similar comments,and the applicant 1-0 responded by modifying the project 19 tremendously in order to bring it down - 2 -0 So I believe that the Planning Director: 21 minimized all of the potential adverse 22 effects to the maximum extent possible, 23 utilizing the conditions and safeguards that 24 were allotted to us through 1305 and the 25 zoning ordinance. Esquire De ;ositioi Services (305) 37 1 -27 13 5 thefe anvb-Ody e_lsw�c Wou i a -1--ke _C speak o-- U'�7's itent? -.s L_Inere any,m a i e lents v o u s d 1- 1 k e to ?iia k e MRILI -1: IC T-IMAN Y e S i n IOSIn- d ike to -'us- 'cu- nto C t'ie record Exhibit A and Exhibit B, which 9 are things that Counsel's very well aware of, the goals, objectives and policies of ii -Lhe ComID. PLan, as well as the var-ety of 12 J.e veers we. submitted on the appeal. Like to 13 pu--' t -hose _'nto the record gust for that. 14 And once again, we'll close just by 1 saying we believe that all of the cJLtations that we referenced in our appeal, including 7 and involving, 1305.2, 7 believe, require 18 you, under that code, as well as SD -9, to ?9 take into .-F:uIl cons-Lderatic.n the existing 20 res_identi�__ neiq.hb-_rhcods, which are the 21 life blood of the upper east- side. ?2 If you don , t have _J .?-ql e- fare I y 23 residential, medium incorne houses, where 2 41, people can iirire and raj.Se Lheir families and 2v you cont nue to allow Iarge scale Esq�iire Deposition Services (3_05)37 -I -27_;'r3 Esquire Depositicin, Servicesj3205)-'-j-?7j-, a v e- d�-z 7, e lop:--, e n a bu t- U iD a 31 L n 3 vou are hack=(a away, at the rE-50UrCz this community, Thank you --,A-- RWOMAN I`ERNANDEZ: Thank vou. - M - S. DOUGEERTY Just fo-r-hrecord '-av,:� to ob-ic-ct to e goals and 3D co c e,-� 7 e i r, a s U 0 IT! e d --, P- t o e v 3 deuce. know he's Us- P-cc)ffe-Jnia. it for the record. CHAIRWCIMAN HERNANDEZ: Thank you. 10 We w -L,11: row close the meetinq to the 1 -Ubl-'- and open i-- up to the Board for 12 motions, discussion. I might just add that I think that it's 14 a wonderful J-dea if that -- any area in the 15 clty could be kept for Iust residential and 16 Medium income, but i cart see anybody being able to afford, with a medium J -,-,come, to build one house on any of these lots anymore.. Unfortunatteiv or fortunately. 24D Okay. Board members, 21 MR. PIMA: Madam, Chair. 22 CHAIRWOMAN HERNANDEZ: Yes. 2 3 PI r P, .24 MR, PLN All though we -said the 25 Cha-rac--er of our neighborhoods 7 -'s -,,qha-- makes Esquire Depositicin, Servicesj3205)-'-j-?7j-, 53 EsquirL, Services -)05) 37 1 -2713 a I W aV S n a C� _F e s n q - h a h o L �De C11- I`geQ, _-_,__e_ was some e c o d e a neecied L. changed, b u Tt s what weyre wo_rkla -inwith. L - I -he appi_-'cant has maade a proper appI_Jcation Fr 'within the Quidelines c_the Y 0 u cc -In c-ange the bale gaze and say, it's not 8 t i hree outs, JtTs now two outs in the middle 0 of the 'ball game. 10 So I think they'-ve done everything, And J n add -i- �_ _on to that, the. comments bIv 12 staff where they went ahead and said, look, 13 throughout the middle cf th; s, we made some 14 adjustments w I'l th the capacity that we had at - 13 the tlme, to modifyt his, t© compl, y as much 16 as what's going to be in place, which is the 7 SD -G, So CHAIRWOMAN HERNANDEZ: You go-ing to 19 L make a motion. G i1 j R. PTNA; Uniess man; colleagues want 21 to. 22 1 uphold the Director's decision. 4 CHATRWOMAN HERNANDEZ. W e I I , .make 24 the motion, please, SILAICZZAKThe motion would be, EsquirL, Services -)05) 37 1 -2713 M Esouire Deposition; 5erJces 371-2713 e=nv the anp d uhold rho --J ds- on of d1c I --ec--or of P i anring aria ZoninQ 3 -"-TATRWOMAN Okay. L h e r e s a mots ors a s there a second? 5 MR. GzARA-VAGJJ.am: Second. -HRTRWOMAN H-7RN7L-,NDEZ: There's a motion and a second by Mr. Garavaq ic-il, THE CI-ER1< This result, j this L only par Three-' CHAIRWOMAN HERNANDEZ: Yes, Well, it's only part t�iree, but it fini�3hes of -! the item. Okay. Go ahead. THE CLERK: Tt was seconded. 14 MR. GA-RBELA: Are we voting on denying the whole thing right now? 16 CHATRWOYIAN HERN,71,NDEZ: ''Es, This is 1-7 number three, but that's the only one left. 18 MR. GARBELA: About to deny or grant 10 the a�oeal? 20 MS. S"x--yZR-K: You dismissed -three of 21 the four grounds. for appeal and youi ' re 22 7ioting on the appear of ore remaining 23 ground. 4. THE CLERK: Mr. Pina. 2- MR. PINA: Yes. Esouire Deposition; 5erJces 371-2713 Esquire Deposition Services (3M) 371-2713 C - the -fec'c-d reflect oh., Ile left again- Okav M.-. Gang-azza, MRs Gk_NGOZZA- Yes. THE CLERK: M, r 'aravaul'a. MP. ,.AR GL A: Yes. T' -' CLERK: r. -Q':-) u I roan. 10 MR, SHULMAN: Yes. i1 i'd ]:__-'_ke to a7zso say I agree with the 12 general concept that there are compatibility 13 �- _r issues 0 --ally in the r- i Y. -1-h-Lnk there are �Droblems. think tie zoning :is 5 changing,, and I think that's. beginning I L C) 16 �rJlng these projects more into context. But 1.7 this -,;ro-ect clearly went through a Process, benefited from that p-rocess, sc-aled down. 19 All that as part of the process. And so -- 2v And reai"y do feel that, as a user 21 Biscayne Boulevard, this is also a good 22 projc��ct for Biscayne Boulevard. 23, S--, YeEs. -1 4 T TH_ERK: 'Mr. U_­Cuiola. 25: [14 R . URQ7 I 'j _L _:-'' C",T A: Yes. Esquire Deposition Services (3M) 371-2713 56 1 Esquire Deposizior, Services (3305) 371-2713 Z. -Lar" Mr, 1, 1 am NIR L I AM YeE E. C, _-E, R _K M 1". S S CHAIRWOMAN HERNRNDEZ: 1'es. -HE Mou c n 'D a s s e s urian irnou s 1 V C H ATRWOMIAN HERNANDEZ Pina, would wouyou like to make rhe motion. or, -t-he c__owung ,tem, as we had discusseci-- 7 PIMA. '11'o deny ..he appeal and 1 u3DI-Iold the Director '3 de.-Cision. 12 CHAIRWOMAN KERINFN DE Z Which has -3 aireadv -been noted on Lbe record. 14 MS, SLAYZ,F, Let me ask the jr,AsSistant Citv Attorney, do they have to 16 vote on dismissing one, two: and four again? MR. WYSONG: think the applicant i8 should make that motion and incorporate the 19 arguments from Item nto item 6. woa` -,--he entire appeal2 Otherwise, _L La e �0 21 that you'd be voting on. 2 2 MIS . DOUG-HERTY : I do that. 2 3 request chat you dismss arounds one, two 24 and `Eour and i4ncorperate a, Of ollr -ro f r -m 'tem Numb-er discus­iori f- r,,,, e last :-n Esquire Deposizior, Services (3305) 371-2713 57 1 5 into item Number 6, 2 CHAIR'DY70MAN HERNANDEZ One, two, 3 three and four, 4 MS. DOUGHERTY: No. We're not 5 asking for you -- i'm only asking for the 6 dismis5al of one, two and ..,.our and then i would ask you to approve -- deny the appeal ultimately. CHAIRWOMAN HERNANDEZ: Okay, Mi, DICKMAN: Can 1 just -- for the 11 record, well! incorporate all of our 12 arguments on those three dismissals and 13 also, arguments on the final -- 14 CHAIRWOMAN HERNANDEZ: Decision. 15 MR. DICKMAN denial. 16 How did I do with that? 17 CHAIRWOMAN HERNANDEZ: That sounds is good. 19 Okay. There's a motion. A second? 2C MR, GARBELA: Second. 21 CHAIRWOMAN HERNANDEZ: Motion, and 22 second by Mr. Garbela. 23 THE CLERK: Okay. This motion 24 MS. SIAYZAK: is to dismiss 25 grounds -- Esquire Deposition Services (.305) 371-2713 EsqojreDeposition Services (305)371-271_33 TFE , " QL ,IK� T- -- CTFE R S LAY."AH I�nd deny 4 CT 7 7 was mo'V ealsu 43 mr, ? HERNP.NDIEZ Pina 16 seconded by Mr. Garbela. 7 THE "I'LERK, Thank voll MR. PIMA: yes, 10 SHE CLERK: Mr. Garbela. J__ MR. G _'�RBE-A. Yes. 12 THE CLERK: Mr. GanQuzza. MR. GANGUZZA: Yes - THE , -T ERK: Mr. Garavag--flia. MR. GAR2WAGL 7 A: Yes. 16 THE C L E F, F Mr. Shulman. MR. 'SHULMN: Yes. 18 THE CLERK: mr. urc�udola. 1. MR. U R Q U 1 10 L A Yes. 2C THE CLERK: fir. W i '; i i 21 MR. WILLIAM; Yes. 22 HE CLERK: Mics Hernandez. 23 CIJATRs-,,fOMRN HERNA-NDEZ: Yes. 24 -5-HE �-T ERK, 110 ion passes 7 a n m cu, s v EsqojreDeposition Services (305)371-271_33 Esquire DCT)0,5 JOP Services (305) '7 1- ;1 2 sK 5 6 71 12 15 15 i 7 18 19 20 21 22 23 24 25 CERTIFICATE i HEREBY CERTIFY that the foregoing, pages 1 to and including 59, is a true and correct transcription of my stenographic notes, to the best of my ability and hearing, of a videotape transcription of the Miami Zoning Board Hearing, at the City Hall, Miami, Miami -Dade County, Florida, on the 4th day of October, 2005, commencing at 6:00 o'clock P.M. Not all speakers were able to b . e identified via the Videotape. !N WITNESS WHEREOF T have hereunto affixed my hand this Ist day of November, 2005. Kathleen Schwab Notary Public State of Florida Commission No. DD456716 Commission Expires: 08/01/2009 EsqLiire Deposition Services (305) 371-2 13 6U