HomeMy WebLinkAboutDecember 13, 2004 Zoning Board TranscriptTRANSCRIPT OF HEARING BEFORE
The City of Miami Zoning Board
HELD ON 12/13/04
REGARDING APPEAL BY MORNINGSIDE CIVIC ASSOCIATION
ROD ALONSO, ROB STEBBINS, SCOTT CRAWFORD AND ELVIS CRUZ
ORIGINAL
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SPEAKER: Okay. Appeal by Andrew Dickman
(phonetic) on behalf of the Morningside Civic
Association on Rod Alonzo, Roden Steppins, Scott
Crawford, and Elvis Crews, of the Class II special
permit number, 04-0191. Approval conditions by
the planning director on October 27th for new
construction.
CHAIRWOMAN: Thank you, Mr. Lareznere.
SPEAKER: In reality, just (inaudible)
this is an appeal of the Class II and the director
already signed her opinion, that's why Mr. Dickman
is appealing. So --
CHAIRWOMAN: Okay. This was approved by
the department, correct?
SPEAKER: Yes. Class II, number 040198.
CHAIRWOMAN: Okay. Yes, sir.
MR. DICKMAN: Good evening, Madam Chair,
board members. My name is Andrew Dickman, My law
office is located at 9111 Park Drive, in Miami
Shores, Florida. .I represent the Morningside
Civic Association, including four individual
residents in Morningside, Rod Alonzo, Roden
Steppins, Scott Crawford, and Elvis Crews, who are
the appellants. All of whom own homes and reside
near the above referenced project.
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We feel this building is out -of -scale and
in violation of Section 1305 of the City Zoning
Code. The proper scale for this location next to
the single-family homes, and the Morningside
Historic District should be no higher than 35
feet.
On November 18th, we appealed the permit
for a very -- for a very similar project, also up
against the single-family homes of Morningside
located at 51st Street and 52nd Street on Biscayne
Boulevard. Commissioner Winton at that hearing
declared, and I quote, I think and feel strongly
that any development on Biscayne Boulevard, any
development, from yesterday, and day before
yesterday, and today, and tomorrow on any of it,
has to meet our new S-D9 code, period, any of it.
And so my motion is going to be to uphold
the appeal and send back this -- send this back
where ever it needs to go, and these projects need
to be redesigned so that the project steps 25,
40-degree angle, whatever the rules are, applies
to these projects. That's my motion. We need to
apply the strictest standards. Unquote.
The project -- the current project that
we're appealing does not comply with the new S-D9
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zoning overlay district. The case law is clear on
the applicability of the zoning in progress, and
it does not indeed apply here.
Please, approve our appeal. Thank you. I
would like to reserve a few minutes for rebuttal,
if I may.
SPEAKER: Thank you. Ms. Dougherty.
(Phonetic)_
MS. DOUGHERTY: Good evening, Mr. Chair,
members of the board. Lucia Dougherty here with
offices at 1221 Brickell Avenue. I am here today
on behalf of the owners and the applicant. The
owner of this property, Mrs. Chacone, has owned
this property for over four years. She initially
bought this piece of property and went to develop
it, and she had a joint venture partnership with
Costcan. (Phonetic). Costcan came to the site and
they proposed a 240 foot building, 24 stories, in
this district, in this neighborhood.
At that point, the -- Costcan said, we just
want to show it to the neighbors and see what they
think about it. At that point, the neighbors
unanimously said, we don't want that kind of
building, we don't want that tall building. In
fact, that's probably what started this whole
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impetus for the Shirets and the downsizing of
buildings on Biscayne Boulevard.
After that, Mrs. Chacone two years ago
entered into a joint venture with my client, who
is here, Rubin Mass, as well as Solomon Yukon.
Those folks came immediately in with a new set of
plans, hired Bernard Zysovich and his colleague,
Seria, who is here this evening. And they came i6n
and immediately submitted a set of plans. And
those set of plans for a Class II permit were
submitted May 3rd, 2004, for a Class II permit.
On May loth, 2004, there was a moratorium
in the S-D9 district and Biscayne Boulevard. At
that point the --- the Planning Department said
that our application was
our application was
incomplete. And the reason the application was
supposedly incomplete is because we included a
single-family lot, which even in the zoning map
couldn't tell whether it was commercial or
single-family.
Typically, we would be able to allow -- be
allowed to amend our application. But in this
case they said you have to submit a brand new
application. We appealed that decision to your
board. That decision is still pending here. And
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we've continued that case -- or that decision for
a very long period of time.
What we -- what the client said is, don't
bother with that appeal. Come back in and comply
complete with the -- completely with the S-D9
ordinance. That's what this does. So we came in,
we reapplied in May of 2004, with a project that
completely complies with the S-D9 in terms of
height, density, white plains at that particular
time, FAR, etcetera.
In fact, this project has 700 -- 148
thousand square feet, whereas 175 would be allowed
under the ordinance. So there's 30 thousand
square feet, basically, that we're not using, and
approximately 30 units. So we have 165 units
would be permitted. We have a 100 -- no, excuse
me. 100 -- 165 are permitted; we are actually
proposing 105.
Parking requirements, we had excess of what
is required. We have 236 parking spaces, where
222 are required. So this is a brand new
application that was submitted completely
compliant with the S-D9 ordinance. And it was
approved on October the 27th of this year.
On October the 24th the City passed a new
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ordinance that reduced the angle of sight in the
rear, but it was after this Class II permit was
granted. This site meets all zoning requirements
at the time that it was applicable. We meet all
the criteria of SD -- of the 1305.1. We even meet
the 907 site plan that came into effect afterward.
The client has -- has authorized Bernard to
do an -- an outstanding job in terms of
architecture for this site. So I would like
Bernard now to come forward and -- and describe
the project for you, and its context on Biscayne
Boulevard.
BERNARD ZYSCOVICH: Thank you. There's
two blocks -- Bernard Zyscovich, office is 100
North Biscayne Boulevard, 27th floor.
This building --this site is really
composed of two different blocks. We have two
different buildings. As Lucia said, they all
comply with the existing requirements at the time
for S-D9. One of those aspects of the project
that I would like to point out, even before we
begin, is that, in this particular case, we're
going to one -level underground parking.
The -- the clients, one of whom is in the
room have, as Lucia said, asked us to create a
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beautiful building, create a building that really
works with the street that considers architectural
issues in a very positive way, and has gone the
extra mile of allowing the parking to go
underground; which we think is going to be
terrific.
That -- there -- therefore, we have been
able to reduce podium heights. We have been able
to get a really good looking building in terms of
the way that it meets the street. The materials
themselves will be combinations of glass,
perforated metal railings, different types of
finishes, in terms of white glass, clear glass.
We have a secondary grid that will be --
HERNANDEZ: I thank -- I think it's
falling.
ZYSCOVICH: It's falling, yes. That --
that will --- as you can see in the rendering, is a
secondary element on top of the facade of the
building itself. So we're -- we're really dealing
with a series of layers of architecture that go on
top of the base building.
I know that we're not really here to show
you the architecture, we've already been approved
by the Urban Development and Review Board, but I
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do want to emphasize that sometimes there are
projects that are -- are really based upon the
most expedient way to get the building in.
In this case, we have been encouraged to be
inventive in our material selection. And I think
from that perspective, our client deserves very
good kudos. We wish we had more clients that
cared about that.
From the perspective of the landscape, and
our landscape architect is here, we're -- we're
dealing with the street in between the two
buildings. We have all pedestrian oriented
activities along the face. We're bringing people
in through this closed street. The street is
already closed; down or up depending which
direction the ramp goes, so that we get the
parking out of the way immediately.
We've left the single-family lot, that was
inadvertently left out of -- or not even really
known, because the plat map was very unclear that
this was in our one lot. So this is completely
void of building. And in every other way, we
comply with the setbacks, the heights. We're not
requesting any variances. From the standpoint of
the building's architecture, the podium will have
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a totally green w-- what's that stuff called?
Green? Green wall. It's a product that is
intended to grow vines on it. Do we have the rear
elevation?
The material board shows it, it's kind of
hard to see. Basically, a wall with vines on it.
It's pretty -- I'm sure you've seen them all.
Thank you.
And then from the aspect of what people
behind would see, you can see the height of the
podium is within the 40 foot that was allowed at
the time. it's completely covered with vines.
And we have a very dense tree planting in front of
it. And then we've also gone to the effort
of creating the same rhythms, syncopation, and
layering on the facade of the buildings that step
back from the podium.
So basically, everyone who has seen it has
thought this -- this project was very meritovisin
that it met all the requirements and more, where
we intentionally tried to stay away from
variances. And we have the Class II.
And furthermore, in order to keep the scale
down, there have been no additional requests, in
fact, as Lucia said, square footage, and units
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have not been utilized that could have been
crammed onto the site. And we're going under
ground parking.
So we're doing, basically, everything
that's in our -- you know, our bag of tricks to
do. And we're very proud of the building. And
what we would like for you to do is to deny the
appeal, so we have a chance to make our case
before the commission. Thank you.
CHAIRWOMAN: Thank you.
SPEAKER: Madam chair.
CHAIRWOMAN: Okay. Is there anybody else
who would like to speak on this item?
MS. DOUGHERTY: I would just like to
point out one thing, is that at the last City
Commission Meeting, the chairman -- or the City
Commission voted to reconsider the one that they
denied before on Biscayne Boulevard. So that's
the jury is out on that particular case.
CHAIRWOMAN: Thank you.
SPEAKER: Madam Chair?
CHAIRWOMAN: Let's allow him time for
rebuttal, and then we'll close it to the public,
and open it up to the board members.
SPEAKER: Yes, sir.
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MS. DOUGHERTY: Okay. 1 just want to add
in reverse. First of all, the reconsideration was
approved specifically in order for -- actually, as
a courtesy in order for the applicant to come back
with plans that fully comply with the new S-D9.
And the new S-D9 includes the amendments that
require 25-foot maximum height at the rear setback
with a 45-degree angle. It was clear by the
commission vote, and by Commissioner Winton's
reconsideration that he -- he asked that this --
the other project, similar to this, not go back to
them until April so that it can go completely
through the entire process, back to staff, back to
the -- the design review boards, everything and
that it comply with the new S-D9. That's what
we're asking for.
Nice building. My compliments. Wrong
location. This is next door to a historic
single-family neighborhood. If you look at the
walls of this building, you're looking at,
approximately, what you would be looking at if you
lived next to this building.
the rear. It's pretty high,
-- you're right there behind
much landscaping you put in.
40 feet height at
especially if you're
it, regardless of how
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I will just close with just simply asking
that you follow what the Commission is instructing
now, that all projects --- especially this one, on
a very thin lot, directly next to a single-family
home, be sent back until it complies with the
S-D9. The new S-D9 that's adopted now. Thank
you.
CHAIRWOMAN: Thank you. We'll now
closing the meeting to the public and open it up
to the board. Mr. Ganguzza.
MR. GANGUZZA: Well, you know, I think
that the appellant's counsel answered part of my
question, but I -- you know, we see some of the
projects that come in here and some of the things
that people ask for, you know, you can sometimes
see this board shaking their head. But here in
this case, we have something that's relatively
constrained, responsible, pleasing to the eye.
What -- what would the appellant think
would be a appropriate development for a property
like this? I'm trying to really find out what
what the real problem is.
MR. DICKMAN: The answer to that question
was in my opening remarks. My ---- my clients are
strongly in favor of something that would be in
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scale to what is there next to this property. And
they're recommending nothing more than 35 feet in
height. And this is 40.
GANGUZZA: Is that right?
MR. DICKMAN: No, the entire project is
much higher.
MS. DOUGHERTY: He's asking that the
entire project not be more than 35 feet.
SPEAKER: 35 feet.
MS. DOUGHERTY: Our podium deck is I
mean, the pedestal still is 40 feet.
SPEAKER: Right.
CHAIRWOMAN: Thank you, Mr. (Inaudible).
PINA: Madam Chair. Okay. And I'm
seeing -- I'm seeing a height of -- at the roof
level, of about 92 feet, Lucia; is that correct?
MS. DOUGHERTY: Yes, sir.
PINA: Okay. I think the intent of the
Commission and this important Biscayne Boulevard
artery, is to maintain a certain character for
that particular important historic artery in our
city. In addition to that, we have a historic
neighborhood, which is Morningside.
Now, when you say when you comply with the
new S-D9, how can that be at 92 feet?
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MS. DOUGHERTY: S-D9 is at 95 feet.
PINA: It's at 95 feet.
SPEAKER: If I may, I think (inaudible)
SPEAKER: No. No. No, you may not. I'm
sorry. I've closed it -- unless you're asked a
direct question by one of the board members, we
closed the meeting only to the board.
SPEAKER: Only them (inaudible)
CHAIRWOMAN: No. Excuse me.
PINA: My next question is, what's the
total square footage of both buildings combined?
MS. DOUGHERTY: Total square footage is
175,633 square feet, whereas permitted -- I'm
sorry -- 148,448, where 175 is permitted.
PINA: 175 thousand square feet --
MS. DOUGHERTY: Is peiuiitted, and we're
providing 148 thousand. Approximately, 30 units
or 30 thousand square feet less.
PINA: And you're telling me you comply
with all the S-D
MS. DOUGHERTY: I comply with all of the
S-D9, as -- as it was amended when we applied.
PINA: No. No.
MS. DOUGHERTY: They subsequently, after
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we got the Class II permit, changed the S-D9
again, lowering the pedestal in the rear to 25
feet. And I have to point out that none of the
people who have appealed live next door to this
property.
PINA: No, that's okay. But I mean,
we're all concerned citizens.
MS. DOUGHERTY: Sure.
PINA: And we don't have to live right
next to the property. I think the intent of the
City Commission is to comply,
maintain the
character of this -- Biscayne Boulevard artery.
Why have you not complied with the new
requirement?
MS. DOUGHERTY: Mr. Pina --
SPEAKER: I mean --
MS. DOUGHERTY: We applied -- we applied
last -- last May.
PINA: Right.
MS. DOUGHERTY: And then we -- and when
we complied completely when it (inaudible) took
place when -- last May. We we changed the
whole plan. So this is now the second time we've
actually revised this plan. Go ahead. I'm sorry.
ZYSCOVICH: No. I mean, I think you
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answered it. I mean, when you say why don't you
comply, the point is we've already complied.
(Talking simultaneously.)
SPEAKER: Now they changed the law after
someone's already received their approval, in the
compliance of the new S-D9, this is now the new
improved S-D9.
SPEAKER: Right.
MS. DOUGHERTY: That we already have the
Class II for -- (phonetic).
SPEAKER: Right.
ZYSCOVICH: Here's the basic difference.
Let me explain to you what's -- what we're talking
about; if I may -- may be so bold.
What Mr. Dickman is saying is, his clients
want a building that's no bigger than 35 feet
high. The S-D9 that he says we should comply with
that, the commissioner says we should comply with,
allows a 90 foot --- 95-foot high building.
Commissioner Winton is not saying that we have to
be 35 feet. He's saying to the other project, not
to this project, and there are some very
significant differences between these two
projects, that if you comply with the new S-D.9,
he's telling the other project, he'll approve
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them. That will still be 95 feet. The difference
is on the back, instead of the garage podium being
40 feet, which used to be what was allowed, which
is this project, the new S-D9 says that the garage
podium can be no more than 25 feet. That is the
net difference of the project, including the
angle.
Now, let's pretend that every project were,
to comply with the new S-D9, according to what Mr.
Dickman just said, his clients would still appeal
because the building is over 35 feet high. What
they want is for everything on Biscayne Boulevard
to be no more than 35-feet high. That's why we
would like --
(Talking simultaneously.)
CHAIRWOMAN: No. No. No. Wait a
minute. Wait a minute. You -- I already
explained. Let me explain it to you one more
time. The meeting is closed to the public.
MR. DICKMAN: I'm just going to put on
the record that I
CHAIRWOMAN: If one of the board members
I give -- you have -- you made your
presentation --
MR. DICKMAN: And -- but --
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CHAIRWOMAN: -- and you did your
rebuttal, if one of the board members ask you a
question, then you may address the board.
Otherwise, no. You're answering questions that
the board has made.
SPEAKER: For the record --
CHAIRWOMAN: Okay. Continue, please.
MR. DICKMAN: -- I'm just going to object
to that mischaracterization of my (inaudible)
(Talking simultaneously.)
CHAIRWOMAN: Continue, please.
SPEAKER: of my client.
ZYSCOVICH: What we're saying is, in this
case, that we've already gone to extreme lengths.
We have a floor of underground parking, which I
think we all would acknowledge is costing our
developers significantly more money.
We are spending money on beautiful
materials. And we comply with all the rules,
regulations, requirements, after redoing this
project, at the time that we were getting our
approval.
So what we're saying is, according to the
way that the law normally works, when you do your
project according to the rules, and you get a
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sign -off from the City, you should be allowed to
move through your course of actions in the
process, and that's all we're asking for is, for
you to deny the appeal, and for us to move forward
to the Commission, and then the commissioners will
decide what they want to do.
CHAIRWOMAN: Thank you. Does that answer
your question?
MR. DICKMAN: No. No. Madam Chair, I
still --
(Talking simultaneously.)
PINA: Let me -- let me finish my
train -of -thought here. I do happen to agree with
you, you make an application, and you go to the -
the whole due process. You should always be
entitled to what you are supposed to receive at
the current time. But this particular situation,
we know it's a very sensitive issue, for this
particular area. And he can -- Mr. Dickman can
appeal all he wants, but at a point right now
where there's a certain area in the code which
you're not complying with, okay, that's my
concern.
If you comply -- if you came here and you
were compliant with the whole code, and Mr.
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Dickman would be appealing, I would say it would
be a different situation. But the fact of the
matter is, that there was a moratorium placed on
this area, that -- it's a great concern to the
City, and one minor detail, which is the 25 and 45
foot, the --
MS. DOUGHERTY: But after moratorium, we
came in and complied completely with
everything (inaudible) --
(Talking simultaneously.)
MS. DOUGHERTY: -- what are we supposed
to do, anticipate what they may change the code to
the next day --
PINA: They made the change in order to
address the issue of the concern --
SPEAKER: But they made the change after
we got our approval.
(Talking simultaneously.)
PINA: We're not -- we understand. But
it's not a small project, Lucia, it's a big
project. And therefore, the concern is magnified,
because it's not a small project. You might --
you might be able build 175 thousand square feet
there, but it's a big project in a -- in a major
corridor, in a historic area, and you're almost at
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the end of the road, you just need a small
compliance, and that's the issue here at hand, in
my opinion.
SPEAKER: Okay.
SPEAKER: (Inaudible.)
CHAIRWOMAN: Yes, Mr. William.
WILLIAMS: I've got a couple of
questions. Okay. Maybe I could let my colleagdes
know some specifics. This area of Biscayne
they're talking about is not historic. Biscayne
SPEAKER: (Inaudible) --
PINA: Excuse me. Biscayne Boulevard is
not historic?
WILLIAMS: Not this area he's talking
about.
(Talking simultaneously.)
CHAIRWOMAN: Well, there are -- there are
some areas, and some are not.
PINA: No No. I think the whole
corridor is a very historic area
(Talking simultaneously.)
PINA: It was main -- ingress/egress to
the City.
WILLIAMS: No, sir.
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PINA: Yes, sir.
WILLIAMS: No, sir.
PINA: Yes, sir.
(Talking simultaneously.)
WILLIAMS: Is the whole corridor of
Biscayne Boulevard historic?
ROBERT: I'm not saying -- I'm not saying
it designated historic, but those of us who have
been here for many years know that many years ago.
WILLIAMS: I don't know how many years it
is, because I lived here 29 years now --
ROBERT: (Inaudible) 50, 60 years ago.
WILLIAMS: Okay. But not (inaudible) ---
(Talking simultaneously.)
SPEAKER: (Inaudible) 50 years ago.
SPEAKER: Let me ask a couple questions.
ROBERT: What I'm trying to say is that
Biscayne Boulevard has always been part of our
history.
SPEAKER: Well --
SPEAKER: (Inaudible) can I make a
motion?
(Talking simultaneously.)
SPEAKER: No. Hold on. Hold on. I got
a (inaudible) -
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CHAIRWOMAN: Go ahead, Mr. Williams,
please, finish your -- what you're (inaudible)
WILLIAMS: This -- let me ask you a
question. Why is this place between the two
buildings?
MS. DOUGHERTY: Oh, it's (inaudible)
it's a street that's closed off.
SPEAKER: Excuse me?
MS. DOUGHERTY: It's a -- 55th Street
that is actually closed to vehicular traffic
WILLIAMS: So this building is between
two streets?
MS. DOUGHERTY: There's a street dividing
the two buildings, yes.
WILLIAMS: Okay.
MS. DOUGHERTY: But -- but 55th is closed
to vehicular traffic, you can't drive on it.
So --
WILLIAMS: Okay.
SPEAKER: Madam, chair.
MS. DOUGHERTY: This is 55th Street here.
(Talking simultaneously.)
WILLIAMS: Robert, is that -- does this
project come in front of us before? Can you
remind me, because my memory is bad. Did we see
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that project before once?
ROBERT: Not this project_ Another
SPEAKER: (Inaudible) remember.
ROBERT: Lucia, correct me another
project in this location.
SPEAKER: (Inaudible) as far as I
remember. Lucia, correct me if I am wrong.
SPEAKER: He's correct. You're correct
There was a different project.
SPEAKER: Oh, that's a new one.
SPEAKER: This is a different concept
(inaudible).
SPEAKER: Yeah. Yeah.
SPEAKER: But he designed the same
property.
SPEAKER: Okay. What --
MS. DOUGHERTY: No; it's a different
property.
SPEAKER: Oh, different property.
MS. DOUGHERTY: A different design. Same
architect. Different owner.
(Talking simultaneously.)
CHAIRWOMAN: We saw something similar to
this. There's something similar about it, except
the architect is you. Okay.
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WILLIAMS: (Inaudible) different. So you
mentioned this already been approved by the
City --
MS. DOUGHERTY: By the planning -- the
Planning Director, as well as the Urban
Development Review Board, both approved it. So
this is his appeal of the Class II permit that
the City granted us. 5
WILLIAMS: Yes; I remember Commissioner
Winton like mentioned one of the meetings was
mentioned about mass production, concerning about
what was mentioned. Does this have anything to do
with this project?
MS. DOUGHERTY: No.
WILLIAMS: Is this -- Commissioner Winton
was talking about this project specifically?
MS. DOUGHERTY: No; he's never seen this
project.
WILLIAMS: This project. But this is not
in contrast what Commissioner Winton was
mentioning in his meeting one -- (inaudible) like
four or five months ago when he was not too happy
about too much -- not to get (inaudible) --
MS. DOUGHERTY: (Inaudible) he said, I
don't want you to aggregate parcels together.
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That is not the case here. This has always been
one property.
WILLIAMS: Okay.
MS. DOUGHERTY: In other words, each side
of the street has always been owned by one person.
SPEAKER: That happened to be two --
MS. DOUGHERTY: So they haven't
aggregated properties to make them bigger.
SPEAKER: All right. Thank you.
SPEAKER: Madam Chair.
SPEAKER: I would like to make a real
important -- just a minute -- just a real
important comment. I was not at that so-called
meeting, Commissioner Winton has never called me,
and I don't think he's called any of the board
members, or sent this -- this board a letter
stating, this is what Commissioner Winton wants.
So I feel very uncomfortable having anybody quote
Commissioner Winton, because he's not here. And I
wasn't present at the meeting. So I -- I don't
know exactly what Commissioner Winton wants. And
I find it very difficult to sit up here and try to
make a decision based on what Commissioner Winton
wants, if he has not expressed to this board what
he wants.
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WILLIAMS: No, Madam Chair. I happened
to one night was looking at the (inaudible) and I
listened, there was
SPEAKER: But that was a coincidence --
it was not --
WILLIAMS: Coincidence, so -- but that --
SPEAKER: So do you remember (inaudible)
(Talking simultaneously.)
WILLIAMS: (Inaudible) Commissioner
Winton had happen to the -- (inaudible) that I
have.
SPEAKER: But do you remember,
specifically, what project it was, and
specifically what he was referring to --
WILLIAMS: Yes. That's the previous
project that --
(Talking simultaneously.)
MS. DOUGHERTY: It was a cubic project.
(Phonetic) .
SPEAKER: Cubic project.
MS. DOUGHERTY: It was the cubic project,
but he said (inaudible) I don't want anymore
aggregation of parcels in order to make a more
massive building.
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CHAIRWOMAN: Robert, how many projects
were approved between the first change and the
second change on October 27th?
ROBERT: I cannot tell you from the of my
head how many projects.
SPEAKER: And what happened with
(inaudible) --
MS. DOUGHERTY: There's only been one -,-
(Talking simultaneously.)
SPEAKER: Did Commissioner Winton have
those changed or --
ROBERT: As far as I remember, this
situation, this is the only project that I
remember that was approved specifically that day,
and then the law was changed days after that.
SPEAKER: Madam Chair.
SPEAKER: Yes, sir.
ROBERT: We have other cases, none on
Biscayne Boulevard, we have on 37th Avenue, the
same situation and --
SPEAKER: You know --
ROBERT: -- the projects that were
approved prior to the law were approved.
SPEAKER: Yes.
ALAN SHULMAN: The rules on Biscayne
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Boulevard are --- have been a moving target. And
1 -- you know, I think for the for good reason,
I think that, you know, there was a time when
nobody cared about what got built around here.
And now people care and people care more and more
and more people are invested, and more people are
coming to meetings, and all that's great
And I think that has created a situation
where the rules have tightened. And then they
tightened again, and they tightened more. And I
think this project has caught in that sort of
in that zone. And I think -- I mean, I personally
agree with what Mr. Ganguzza said just a moment
ago. I --- I -- I know what the new rules are. 1
think the new rules are good rules. However, I
also feel that this is a very appropriate project,
appropriately scaled project. And it looks like a
project that has gone to great length to -- to
ease its impact on its neighbors to the back by
stepping away from the -- from the residential
area, which is a technique that we don't see often
enough here at the Zoning Board, where buildings
step away from residential. I think that -- it's
great.
It's -- nine stories is higher than 35, and
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but, you know, it's -- I -- I really feel we
see projects that are much larger here and I -- I
do believe that Biscayne Boulevard is a boulevard
that is wide enough and trafficked enough to be
able to absorb a taller height on, you know, on
the boulevard. I -- I agree that it needs to step
down towards the neighborhood. This project does
seems -- it really seems to be a diagram of trying
to really minimize its impact on the neighborhood.
So -- I -- you know, I really feel that it
has gone -- it's gone to great lengths to minimize
its impact. I think you have a Class II Special
Permit. I believe this is really an appeal. And
I believe my neighbor here had a motion --
(Talking simultaneously.)
GANGUZZ: Well, I just have -- I just
have another comment that I wanted to make. But
I'm ready to vote as well. I just -- and again,
Mr. Pina, 1 respect your concerns about projects
like this, and the sensitivity of what's doing on
Biscayne Boulevard, but I don't think we can chart
applicants to catch up with the law after
approvals are granted. I think that that would
really impose a burden on -- on anyone who wants
to do any development work to come running --
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running back in here after the fact when a change
occurs, and changes occur all the time.
Here, I think, we're even pretty close to
the -- the ordinance after the change. So if
you're ready to make a motion, I'm --
(Talking simultaneously.)
SPEAKER: Okay. (Inaudible) go ahead.
SPEAKER: Go for it.
SPEAKER: I'm ready to make a motion of
the denial. And I'll tell you why, in all
fairness to you guys.
SPEAKER: Fine. Thank you.
SPEAKER: You know, you can't change the
rules in the middle of a game. The's number one.
And then number two, even if you could change the
rules, they -- they're compliant. And I think
really, nothing that they would do would make you
guys happy. Because what you guys are talking
about is no m--- no 35 feet, no development. So my
motion is to deny.
CHAIRWOMAN: There's a motion. Is there
a second?
SPEAKER: I'll second it.
CHAIRWOMAN: Motion is seconded. Call
the roll, please. By Mr. Shulman.
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SPEAKER: (Inaudible).
SPEAKER: Mr. Garbella.
SPEAKER: Yes.
SPEAKER: Mr. Shulman.
SPEAKER: Yeah.
SPEAKER: Mr, Ganguzza.
SPEAKER: Yes.
SPEAKER: Mr. Avalia.
SPEAKER: Yes.
SPEAKER: Mr. Pina.
PINA: Let me just give you my -- my
final thought, and what I reiterated. I'm the
first one that doesn't like the rules to change --
to be changed. Okay. But in this particular case
there was a moratorium for a specific purpose
because there were problems. And obviously, there
were going to be some applications that were going
to be caught in the middle.
And. unfortunately, that's --- we're saying,
well, the application was there, the moratorium,
let's forget about this whole thing, and let's
just continue based on the original application,
then we're defeating the whole purpose. And that
was my point. No.
SPEAKER: Mr. Feola.
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SPEAKER: Yes.
SPEAKER: Mr. William.
WILLIAMS: I want to tell my colleagues,
there is a lot of special interest people in our
community who don't want stuff to happen because
of they live in the east side -- the people are
going to look at their view, so you have to
understand to differentiate those kind of issues"
to the real issue. That -- I have a business down
there, and I drive everyday four or five times a
day, back and forth to my office. I know the area
extremely well. And I know the area, there are
projects like this. This is that -- I am voting,
yes.
SPEAKER: Ms. Chair.
SPEAKER: I'm going to vote yes as well.
And -- and there is -- along the lines of what you
were saying, I think if the intent of the
ordinance would have been to stop a project that
had already had been approved, they would have
made it retroactive, and they didn't.
It -- it just seems totally ridiculous that
applicants come to the City, pay their fee, do
everything right, and then the law changes,
because what's going to happen is, we're going to
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get a bad name, and nobody is going to want to
build in the City, because you don't know when
they're going to change the law. It -- it just
makes no sense at all. Because I think it's a
pretty project. And it's not huge. Okay.
SPEAKER: Motion passes to deny appeal,
seven to one.
CHAIRWOMAN: Thank you, very much.
SHULMAN: Two things I wanted to say. I
totally with Mr. Pina that Biscayne Boulevards is
historic.
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CERTIFICATE
I, JACKIE MENTECKY, do hereby certify that
I was authorized to transcribe the foregoing tape
recorded proceeding, and that the transcript is a true
and accurate transcription of my shorthand notes taken
while listening to the provided tape.
Dated this 15th day of April, 2005.
JKIE MENTECKY
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