HomeMy WebLinkAboutSubmittal-Letter From Attny Dickman To Garcia-ToledoANDREW W.J. DICKMAN
Law Offices of
ANDREW DICKMAN, P.A.
9111 Park Dr • Miami Shores, FL 33138
Attorney at Law
June 11, 2004
VIA U.S. MAIL & FAX 305/351-2233
A Vicky Leiva Garcia -Toledo
Bilzin Sumberg Et Al
200 S Biscayne Blvd Ste 2500
P.I.vanu Florida 33131-5340
RE: Villa Magna
Tel: 305.758.3621
Fax: 305.758.0508
andewdickman@bellsouth.net
Dear Vicky:
My office represents the Mark Yacht Club on Brickell Bay, Inc. (the "Mark") in
connection with the above reference project. It has come to my attention that prior to my
representation, your client may have had some communication with individuals residing
at the Mark resulting in a list of negotiation items. Please note that this list does not
represent my client's position nor was it authorized by my client. Moreover, the Mark
Board of Directors voted on June 2, 2004 to disavow and/or retract any association with
this list.
Please feel free to contact me if you have any questions about this matter.
Very truly your
f , +
Andrew Dickman, AICP, Esq.
Submitted Into the public
record in connection with
item pz - 3 3 on trd s?joy
Priscilla A. Thompson
City Clerk
ow 05/ 23 i 2004 21:03 12
aa
THE MARK ON ERICKELL
PAGE 01/01
MEMO
Florida East Coast Developers
100 S. Biscayne Boulevard
Suite 1100
Miami, FL 33131
Fax: 305-358-1619
As per your request when you visited the Mark Cando m.niur recently to discuss how we
can work together to improve our neighborhood, encl<'sr:;d please find items requested by
some of our residents and in satisfaction for support of tie Villa Magna Project.
• Additional parking for residents
• Boat slips and/or dockage (joint -use for Mark 8: Villa Magna)
• Villa Magna :hall assist Mark Yacht Club with the City to request the closing off
of. SW 12th Street from l3rickell Bay Dr. to th': flay
• Shared valet parking with other buildings in the area.
• Condo Broadband system installation for Mad( Yacht Club
• Constru,cti.onschedule must be adbered to not to start earlier than 7:00a.ra.or
continue past 8:OOp.m.
• Marble flooring for the garage entrance walk way on 4 floors
• Ongoing car wash for all residents to remove construction dust.
• Periodic window cleaning
We await your response and look forward to meetir g with you to work out final details.
Please feel free to contact Federico Anselmetti .at 786..336-5780 or 733-0073 at your
convenience.
Submitted Into the public
record in connection w' h
item pz-33 on io) (PI
Priscilla A. Thompson
City Clerk
From: Phil Dahan [mailto:pdahan@fecr.com]
Sent: Tuesday, May 25, 2004 4:39 PM
To: 'Lemmerslll@aol.com'
Subject: Villa Magna
Importance: High
May 25, 04
Andre,
I was glad we had the opportunity to speak together this afternoon regarding The Mark issues and wish
list.
1. Additional parking for residents.
Yes. We will have some limited additional parking at The Club at Brickell Bay, and we can make this
available to residents. This can be as soon as this summer when our project opens. If The Mark residents
have to wait until Villa Magna is built, it could be 3 to 4 years away. This works to solve problem now.
The cost for this parking would be similar to the cost for residents and guests of The Club.
2. Boat Slips -Dockage.
Yes. We will work with The Mark to get boat slips / dockage, including applications to the city, county,
state and federal agencies.
3. Yes. We will work with The Mark to request limited access/closing of SE 12th east from Brickell Bay
Drive to the Bay, to guests and residents only.
4. Shared valet parking. We need further clarification of this item. We will be glad to cooperate.
5. Condo Broadband. We have already arranged for a High Speed Internet provider to survey exisitng
conditions at The Mark today.
Following the evaluation we can discuss this item further.
6. Construction Schedule - We agree to the schedule of proposed of 7:00 am to 8:00 pm.
7. Marble flooring in garage. As I indicated we need to see the extent of flooring area. I don't think marble
is the best material where there is heavy traffic and wet floors, and therefore there might be more
appropriate materials available.
8. Ongoing car wash- We can agree to 50 car washes per week. Residents would have to rotate.
9. Periodic window cleaning -Yes. We agree to provide window washing on the windows on the south
side of building, not including balconies, two or three times a year during construction of Villa Magna.
We look forward to meeting and talking with you about these items at your earliest convenience. We tried
to discuss these items with Frederico, however he did not return my call.
Phil Dahan
Philip C. Dahan
Florida East Coast Realty, Inc.
100 South Biscayne Blvd, Suite 1100
Miami, Florida 33131
(305) 358-7710 x107 / fax(305) 358-1619
\73602\14496\ # 678701 v 1
5/26/04 2:23 PM
Submitted Into the public
record in connection w'th
item fa3on /o oy
Priscilla A. Thompson
City Clerk
FLORIDA EAST COAST REALTY, INC.
POST OFFICE Box 012949 • MIAMI, FLORIDA 33101
TEL: (305) 358-7710 • FAx: (305) 358-1619
June 22, 2004
VIA HAND DELIVERY
AND FEDERAL EXPRESS
Andrew W. J. Dickman, Esquire
9111 Park Drive
Miami Shores, Florida 33138
RE: Villa Magna
Dear Mr. Dickman:
It has come to my attention that you intend to represent neighbors of Villa Magna who
oppose the project. I do not understand how someone who has served as my attorney and
lobbyist in the City of Miami can Undertake representation in opposition to my interests.
You have represented my company in various projects. You have participated in strategy
sessions where my business interests, philosophy and development Methodology for residential
urban projects have been discussed. You have infoinuation and knowledge regarding my
business and my residential projects that preclude you from undertaking any representation that
is adverse to my interests.
I respectfully request that you abide by the rules of ethnics that govern your license to
practice law pursuant to The Florida Bar and withdraw from representation of any person or
entity adverse to my interests.
Sincerely,/ /
rr,7
Tibor Hollo
TI I:
Return Receipt Requested via Courier
1736021144961 # 682400 v 1
622/04 2:58 PM
Submitted Into the public
record in connection wi#h
item Pz_33 on io J-r / o
Priscilla A. Thompson
City Clerk
ONE BAYFRONT PLAZA • 100 SOUTH BISCAYNE BOULEVARD, SUITE 1100, MIAMI, FLORIDA 33131
September S1Td, 1oo4• Volume XIX Number,'
HEALTH
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11 Avenue, Downtown, The Gesigrr District, tipper East S ce and North Sear h.
New Seawall Slashes Insurance Rates for Some
Brickell Avenue Property Owners
BYMITCHELL:. PELLECCHBA
Staff Writer
Due to a'flood zone .map change
along, Brickell Avenue -some - properties in
that part of Miami will enjoy signtfkatrtiy.
reduced flood insurance rates — athat
Will possibly ate the way- for sidewalk
cafes and other pedestrian arnenitiei.
As part of getting their two rdty,
blocks dranged_from a: high hazard "VE'.'.
NEWS
Seawall Slashes
CONTINUED FROM B1
to get everyone together at that time, but the owners
weren't interested," saki Ross, whose new Espirito Plaza
bank building on the comer of Brickell Avenue and
S.E. rot has its entrance just off the sidewalk. -
Ross added, however, that his building was
"flood -proofed" even before the seawall was.com-
piete and the flood map changed. "The first eight
feet of glass from sheet ievel up is reverse aquarium
glass designed to hold back floodwaters,"- Ross said. -,
,, The newseawalt-did eliminate Ross having to
build an -eight -foot "wave trip wall" on the east side
of Espirito. But buildings adjacent to Ross just out-
side of theseawallprotected areacantshare his
street level savvy design because they remain in VE
zoiaes.and require a to to 15 feet walk-up by pedes-
trians to access theie retain entrance.
Estoril-lnc.'s trued -use building will rater to
Espirito and Wachovia: Banks, the Conrad Hotel,
and a limited number of luxury condominiums.
Mike Gambino, a representative of Miami -Dade
County's Department of Environmental Resource
Management (DEISM), told: the SunPost that flood
zoning can put "a real crimp ondevelopers."
"The map change rnake'sconstruction. easier and lowers insurance rates,"said tGambino.
Precisely the reason why. East Coast Reality'
Phil 'bahanpushed for the -state-of-the-art wave-='
breaker before his company started on the new.
Villa ;Magna projectat the end of S.E. -s:ath Terrace.
Dalian said, the new seawall wit reduce villa..
Magrrasiiverall annual flood.. insurance premium
flood zone designation to a lesser
impacted AE, flood zone, those develop-
ing east of Brickell Avenue between
SEazth Street and S.F. Hm. Terrace all
chipped in ansi built a seawall, bigger and
bettei'eharr most along Biscayne Bay.
"It certainly diminishes' the risk
FEMA (Federal Emergency
Management AgenxY)younsiders," said
City of Miami building director Hector
Lima. "And it allows for glass store
fronts ins.ead of walls "'
Lima told the SunPost that because
in 1997 city planners began dernand+.ng
mere-pedestr ri `rend y ,,roJects from
urban planners, a movement to change
thefloodmap resuk'ed in developer
bringing -their buildings closer to street
leveh
But, developers Rill Ross of Estoril
Inc" eaid'-it wasn'tthat easy. 'We tried
suwuu. gatkila!l co OS:
�,. .s...c., .,,c ,.e..oe ve user
Flood Insurance
frorr $s38,000 for every $to million in building value to less.
than $S,000."But the real purpose is so people can accessthe
first floor of the building at the Baywatk: level":Dahan said,
Without the new seawall, he said, residentsand visitors,
Rates in Brickell
would have to walk up a flight of stairs to get from the
Beywalk to the shops and restaurants his company plans fry-
" Villa Magna s first floor, muds like the neighboring lade which
was built prior to seawall completion and is tocatedjust to the
south. 'Accessibility is a fig issue," said lima.
Dahan told the SunPostthat the shared $v7 min
lion cost to build the seawall pales in comparison to
the millions in long --term insurance savings. "The
sOndominiem assodation can pass 15 oil to the resi-
dents,"said Dahan. Villa Magna condominiums will
run trom $450;00o to $8 million.
Manny Altknew of Tancbaum Harber
Mike Gambino of DERM.told the SunPost
that f flood zoning can put a real crimp
on developers."
rez, a guard. for Jade atFricke, pats
Million sea wall Xhote;by Mitchell
ly =taNed:,.r
Insurance Group said the seawall has the potential
to reduce association inscrance by more than nai-.
"A f 1Oo,o0o premium in a ;'E Zone. •_ool0 tee
reduced to as little as Sso,oru in an O. k Zone,
Altknew said. "It makes a big, difference in me pre-
mium."
What makes the new and improved seawall so
muchbetter than neighboring walls is Rs ability to
hold back a storm surge, and stop "wave run-up;
Gambino said..
The wall is a foot taller than its adjoining neigh-
bors and is partially corrugated withan "upper lip"
design that breaks up tidal surges.15 addition, Dahan
• said, it isbuilt deeper into theoceanfloor erki is
secured to the land sideofthe wall.with long piles,
• which many seawalls, Dahan explained, ate not.
'Between his' reverse, aquarium glass and 't e
re recently- installed seawall, R0 s s building.
rands ready for the next storm: 'Ws not so itaKh
the height of the wave, Moreso than that is the
flow of the wave -said RasS-
Submitted Into the public
record in connection with
item P2.” on io se b y
Priscilla A. pson
City clerk
1
28492-002.fhl 1 9/23/04 4:52 PM Page 1
Previously Approved Project
Submitted Into the public
record in connection Imith
item Pz -3 on 16 1 a'1
Priscilla A. Thompson
Villa Magna City Clerk
Single bulky building
Perpendicular to bay — north -south
orientation — Blocks sight lines,
sunlight, and air from bay.
Building height 784'
Previously Approved Project has
loading, deliveries, garbage pickup
and parking garage open to SE 12th
Street, the City -designated "Primary
Pedestrian Pathway."
Previously Approved Project increases
congestion and limits accessibility to
the bay.
No "liner units" to provide an "eye on
the street."
Residences begin on 11th floor, at 110'
elevation, with unsightly open garage
below.
Minimal retail solely for residents,
more than 15 feet above streets,
Baywalk and pedestrian plaza.
Minimal restaurant has no access from
street or Baywalk.
1,250 units are permitted by the
high -density Zoning District.
Previously Approved Project designed
under "VE-15" (coastal flood zone with
high -velocity hazard [wave action])
Flood Insurance Rate Map.
2 slender towers
East -west orientation — Creates
view corridors
Building heights 51 and 52 stories, 574'
Loading and trash collection are inside
fully enclosed service court.
No unsightly garbage areas or odors
affect surrounding properties.
Car ingress and egress directed to SE
13th Street, primarily, a service road.
Separate lobby and drop-off for each
tower. Separate parking access ramp.
North Tower access at SE 12th Street.
South Tower's access is from SE 13th
Street or SE 13th Terrace.
"Liner units" wrap pedestal on 4 sides.
Achieves good City planning objective.
Ornate, decorative grillwork shields
other parking levels from view.
Direct -access, street -level
neighborhood retail and bayfront
restaurants, for residents and the public.
Ground -level restaurants and cafes
enhance pedestrian bay access
experience.
Project includes 1,118 residential units,
reduced from application of 1,208 at
request of the City Planning Dept.
Villa Magna sponsored 3-1/2-year
Flood Insurance Rate Map revision with
FEMA to redesignate east Brickell as
"AE" zone.
28492-002.fhl 1 9/23/04 4:52 PM Page 2
Previously Approved Project
Submitted Into the public
record in connection w' h
item Pe- 33on it 011
Priscilla A. Thompson
Villa Magna City Clerk
Previously Approved Project includes
only repair of existing seawall.
Old seawall provided no significant storm
surge protection.
"VE" zone flood insurance rates for
condominiums and office building set at
fixed rate. 28 times higher than "AE" zone.
"VE" zone condominium building flood
insurance cost is $138,000 per
$10 million value.
"VE" zone office building flood insurance
is 90% higher than "AE" zone rate for
same amount of insurance.
More than $4,000,000 in City funds used
for Baywalk and seawall in Miami One
project.
Underground level not included in
Previously Approved Project.
Previously Approved Project will make
no contribution to City's Affordable
Housing Fund.
Villa Magna application is not subject to
the recent Zoning Code change setting
minimum apartment sizes for Affordable
Housing Bonus for FAR, yet it complied.
Villa Magna and neighbor Jade
Residences completed reconstruction
and modernization of 800 feet of seawall,
at the cost of $1,700,000+, prior to
application.
Benefits entire city with increased
protection from harmful storm surges.
"AE" zone creates major reduction in
insurance costs for the City,
condominiums and thousands of
individual property owners.
"AE" zone condominium building flood
insurance is $4,918 per $10 million
value.
"AE" zone office building flood insurance
is 10% of cost of "VE" flood insurance.
A 50+ foot -wide, landscaped Baywalk.
Baywalk encourages the City -mandated
policy. No public funds used.
A 107+ foot -wide pedestrian promenade
with several water features, paid for by
Villa Magna and Jade.
Full underground parking level; FAR
Bonus eligibility not used at request of
City Planning Dept and Planning Advisory
Board.
Villa Magna endorsed and is active
supporter of contribution of increase to
$12.67 psf of FAR bonus for Affordable
Housing Fund, of more than $2,046,000.
Villa Magna has designed units to fully
comply with the new Code for Affordable
Housing Bonus for increased FAR.
Has met and gained continued
support of:
The Brickell Homeowners Association
The Brickell Area Association
Point View Homeowners Associations