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Miami Herald, The (FL)
2007-10-25 PUBLIC RECORD FOR
Edition: FL
Page: B1 fTEM V ONII-9-67
DOWi TOWN MIAMI: Height concerns, disputes hinder retaii project
A planned big -box retail complex in downtown Miami has been sidetracked by disputes over its
height and the allegation of preferential treatment.
MICHAEL VASQUEZ, mrvasquez@MiamiHerald.com
It was supposed to be another sign of downtown Miami's rebirth: a big -box retail complex only
steps away from the Carnival Center, with pedestrian -friendly features added to give it all an
authentic urban feel.
But even though the Lowe's home -improvement chain already has committed to being a major
tenant, Miami's Bayview Market shopping center has become bogged down by court
challenges, shilling design plans, and, most recently, an accusation from one opponent that
Bayview is receiving special treatment from City Hall.
"Preposterous," said Bayview's attorney, Lucia Dougherty. The city, she said, "took extra time
to scrutinize this project because of these allegations."
Much of the finge- pointing centers around the project's architectural firm, Perkins+Will, and its
managing principal; Jose Gelabert-Navia.
'labert-Navia is the brother of Miami Planning Director Ana Gelabert-Sanchez, who, records
show, had inpt__ Dn some aspects of the project on Northeast 17th Street and Second Avenue
it made its way through the necessary city approvals.
Internal city e-mails show Gelabert-Sanchez setting up meetings with Pat Bosch, one of
Bayview's architects, and taking part in city uiscussions on possible changes to the project's
c=sign.
Gelabert-Sanchez cr. Wednesday told The Miami Herald she had not been involved with
Bayview, and had not attended meetings related to it. When a reporter read to Gelabert-
Sanchez a November 2006 e-mail written by her assistant to Bayview representatives
scheduling an appointment, the planning director's position changed somewhat.
"Perhaps I did, I mic;it have," Gelabert-Sanchez said of attending meetings with the developer.
She stressed, though, that any such meetings took place after city commissioners' 2005 vote
in favor of Bayview.
That commission vote did not end Bayview's trips to City Hall; the developer had to revise its
plans due to a court challenge.
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Page 2 of 2
Jerin Associates Inc., a nearby landowner that leases space to a commercial printing
company, sued over the project's 140-foot height.
Saul Cimbici—, a zoning consultant for Jerin, said his client isn't opposed to Bayview in
principle, but has been fighting the "on steroids" version the developer wants. The courts ruled
in Jerin's favor, finding that Miami granted Bayview 20 feet more height than city rules allow.
Miami city commissioners Thursday are set to consider a redesigned, shorter Bayview -- with
roughly 23 percent less retail space -- that could be built instead.
Another proposed solution for the design problems -- a citywide "height ordinance" that would
grant extra height to certain buildings rising downtown -- appears to be tabled for now.
The ordinance, first suggested last year, was approved preliminarily by commissioners but
never made ` to a final vote. Jerin's attorney, Tucker Gibbs, has argued that it would have had
little application to any building besides Bayview.
"The Bayview Marketplace relief act," is how Gibbs once described it.
Meanwhile, DoL:lherty said this week that the delays have made a completion date for
Bayview difficult to predict. "Who knows when this happens," she said.
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rag
449 So.2d 315 Page 1 of 4
West Reporter Image (PDF)
449 So.2d 315
District Court of Appeal of Florida,
First District.
STATE of Florida, COMMISSION ON ETHICS, et al., Appellant,
v.
John SULLIVAN and Wilma Sullivan, Appellees.
No. AV-326.
March 27, 1984.
Rehearing Denied May 16, 1984.
Commission on Ethics appealed from nonfinal order of the Circuit Court for Leon County, J. Lewis Hall,
Jr., J., holding that Commission must comply with Administrative Procedures Act in proceedings on
two complaints filed with Commission. The District Court of Appeal, Barfield, J., held that
Commission, when it is fulfilling its constitutionally mandated function of investigating and making
public reports on complaints concerning a breach of public trust by public officers or employees, is
subject to provisions of Administrative Procedures Act.
Affirmed.
See also, 407 co 2d1110 and 430 So.2d 928.
West Headnotes
[11 KeyCite Notes
92 Constitutional Law
92V Construction and Operation of Constitutional Provisions
_ 32V(A) General Rules of Construction
92k590 Meaning of Language in General
92k591 k. In General. Most Cited Cases
(Formerly 92k19, 92k14)
In construing a constitutional provision, the words should be given reasonable meaning according to
the subject matter, but in the framework of contemporary societal needs and structure; insight may
be gained from historical precedent, from present facts, or from common sense.
L21 KeyCite Notes
92 Constitutional Law
92V Construction and Operation of Constitutional Provisions
92V(A) General Rules of Construction
,92k584 k. Intent in General. Most Cited Cases
(Formerly 92k13)
Submitted Into the public
in con
Priscilla
hompson
City Cleric
In construing a constitutional provision, goal intended to be accomplished or evil sought to be
prevented or remedied must be examined to determine intent of the People in initiating enactment of
provision.
KC,
L31 KeyCiteNotes
httn://web2.westlaw.com/result/c1nrnmen++.