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HomeMy WebLinkAboutSubmittal-Special Exception for Dockmaster Facility in PR Zoning DistrictGrove Harbour Marina and Caribbean Marketplace Special Exception for Dockmaster Facility in PR zoning district Tew Cardenas LLP Santiago Echemendia & Amanda Quirke September 25, 2008 SUBMITTED INTO THE PUBLIC RECORD FOR ITEMZ.ONcso8, o - o0 5K--Submita - S pia 1 Exc toh for To mas�'er 7 3� � �Is tr iCrt Theit i n P PZoni y Table of Contents 1. Presentation 2. Lease and development agreement 3. Previously Approved Special Exception Resolution 01-601 4. Denial of Appeal of Special Exception Resolution 01-601 5. Public hearings 07-00345 xc 6. Articles 7. Adoption of Waterfront Master Plan 8. 1001 Brickell Bay Tower Approval Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 1 1 1 1 1 1 1 1 1 I 1 1 •, a 1 c. u I 1 1 dr Submitted into the public record in connection with I 1 item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Grove Harbour Marina Dockmaster Facility • Grove Harbour and Caribbean Marketplace, LLC- Applicant • Tew Cardenas, LLP • Santiago Echemendia • Amanda Quirke • Juan Berry, Berry Rincon Studios, Inc. 1 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 2 1 1 1 1 1 1 1 1 1 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 3 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 4 1 1 1 1 1 1 1 1 1 1 1 1 1 Request- Companion Items Special Exception (PZ 9) Construction of dockmaster building, including boat/brokerage and amenities in a PR zoning district as per the Lease and Development Agreement between City of Miami & Grove Harbour Waiver of 50 ft Charter setback from Biscayne Bay to allow 22' 6" (PZ 10) Only columns will be within 50 feet- ground floor is open plaza and first story is 14 feet high Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 5 Chronology • Application filed February 2007 . Deferred at July 14, 2008 zoning board meeting at City's request • Waterfront Master Plan adopted by Resolution 07/24/08 . Recommended approval by zoning board (5-2) and staff 09/07/08 • Conditions- Applicant to provide public access in open space beneath . the intended structure and maintain area • Unanimous recommendation for approval by Waterfront Advisory Board 09/08/08 • Coconut Grove Village Council recommended denial 09/18/08 • Passed a second motion indicating that main concern was building not included on Waterfront Master Plan Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 6 Previous Approvals • Lease and development agreement originally approved 1999 Marine retail facility of approximately 10,000 sq ft Marine fueling facility Public marketplace of 40k sq ft Bay walk • Resolution 01-601- Special exception approved ▪ site plan attached to lease and development agreement with modifications • 114,877 sq ft of buildings approved, including approximately 38,000 square foot dockmaster, retail, restaurant building Previous Approvals • Special Exception appealed- Tobin and Coconut Grove Civic Club, Inc. v. Grove Harbour Marina and Caribbean Marketplace, LLC ▪ llth Circuit court denied writ of certiorari • 3rd DCA denied writ of certiorari June 18, 2002 • Special Exception Resolution 01-601 was modified in November 2002 to remove 38,000 sq. ft. building and replace with additional dry storage Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 7 Current proposal • Open Plaza- 5,400 sq. ft. • Dockmaster's office- 820 sq. ft. • Marina related services- marine retail and boat brokerage- 10,958 sq. ft. Lease- "A marine retail facility of approximately 10,000 square feet" • Circulation and structure (halls, lobbies, elevators, restrooms)- 3,902 sq. ft. • Total- 21,080 sq. ft. (including 5400 sq. ft. open plaza) Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Staff Recommendation for Approval • Within scope and character of the project - accessory to a major public facility along Biscayne Bay waterfront • Appropriate for PR zoning designation • Marina boat administration/ marine related retail and services approved under lease and development agreement • Will have no adverse effects on adjacent area Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 9 is Companion Request (PZ 10) • City Charter Section 3(mm)(ii) 50 foot setback from seawall required UNLESS Reduction in setbacks provide public benefits such as direct public access, public walkways, plaza dedications Previous Approval Feb 2007- 1001 South Bayshore Drive approved 20 ft, 18 ft, and 36 ft setbacks � Public benefits Open plaza provides a larger baywalk/ promenade area - instead of 22 ft., the baywaik is connected to a 5400 sq. ft. open plaza for public use Provides continuous, improved baywaik, consistent with waterfront master plan Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 10 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 11 Miami Herald September 14, 2008 • "The building was left out of the master plan because it was too large and would have obstructed the boardwalk, said Enrique Nunez, the city's chief of urban design. But now that Grove Harbour has reduced the scope of the building and added public access to the ground floor, Nunez said the project is no longer a problem. 'At this point it does not negatively impact the principals of the overall Waterfront Master Plan,' Nunez said." 36 Waterfront Master Plan • Adopted July 24, 2008 by Resolution • One major goal is pedestrian connectivity - continuous improved baywalk from Peacock to Kennedy • Placeholder on master plan for dockmaster facility • Other buildings planned on waterfront master plan • City dockmaster facility • US Sailing Center • Coconut Grove Sailing Club Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 13 Conclusion Based on Staff's favorable recommendation, as well as favorable recommendations from Zoning Board and Waterfront Advisory Board, respectfully request approval of PZ 9 and PZ 10 Reserve time for rebuttal Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk TO REORDER CA1.1.9544146-9399 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk LEASE AND DEVELOPMENT AGREEMENT This Lease and Development Agreement (the "Lease" or "Lease Agreement") made as of the , 1999, by and between the City of Miami, a municipal corporation of the State of Florida acting by and through the City Manager (the "City Manager"), and with the approval of the City Commission of Miami having its offices at 3500 Pan American Drive, Miami, Florida 33133 ("Lessor" or "City") and Grove Harbour Marina and Caribbean Marketplace, L.L.C., a Florida Limited Liability Company, composed of Harbour Management Group, Inc. and Southern Cross Marinas, L.L.C., having its offices at 3191 Coral Way, 3' Floor, Miami, Florida 33145 ("Lessee"). STATEMENT OF BACKGROUND AND PURPOSE The City is owner, in fee simple, of all that certain land located in the City of Miami, Dade County, Florida, which is known as and referred to herein as the "Subject Property" located in the area of Miami known as Dinner Key. For the purpose of this Lease, the Subject Property consists of the following three (3) parcels containing 13.55 acres, more or less, shown on the sketch of survey attached as Exhibit A and legally described in Exhibit B: A. Parcel A Upland containing 6.95 acres, more or less; B. Parcel A Submerged Land containing 4.32 acres, more or less; and, C. Parcel B Submerged Land containing 2.28 acres, more or less. Pursuant to the authority expressly conferred in the City of Miami Charter, and general law, the City Commission on May 23, 1996, adopted Resolution No. 96-360 which authorized the publication of a Request for Proposals ("RFP") for the development of a multiple use facility including commercial and recreational uses, including, a full service boat yard, marina, marine related retail uses and a public market with adaptive reuse of two existing historic hangar structures on a 13.55 acre site (6.95 upland acres and 6.6 submerged acres) at the Subject Property in Dinner Key. Lessee submitted a proposal on August 30, 1996 (the "Proposal") which was determined by the City to be responsive to the RFP. The City Commission on July 23, 1997, Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk -1- adopted Resolution No. 97-493 which accepted the Proposal and authorized the City Manager to enter into lease negotiations The Proposal consists of development of a project to be known as "Grove Harbour Marina and Caribbean Marketplace" (the "Project") which could from time to time include, but not be limited to, the following amenities, as depicted in Exhibit C, (the "Conceptual Site Plan") and which are to be more particularly described in the "Development Plans": 1. A full service marina with at least 122 wet slips for vessels; approximately 140 dry slip storage spaces for vessels larger than 28 feet in length and ancillary facilities and services; 2. A full service boatyard with the capability of handling repair and servicing some 40 vessels at any one time; 3. A marine retail facility of approximately 10,000 square feet; 4. A marine fueling facility providing gasoline and diesel fuel for vessels; 5. A public marketplace of approximately 40,000 square feet, emphasizing the specialty, unique, ethnic and exotic aspects of subtropical and tropical cultures and cuisine; and 6. Parking to service the Project in sufficient quantity to comply with City of Miami zoning requirements. In addition to the above described amenities or so much thereof as shall be permitted, the Lessee shall be required to design, construct and maintain specific site improvements as amenities for public use; specifically, a bay walk along the sea wall edge at Biscayne Bay, and a twenty (20) foot wide landscape buffer between the western edge of the Subject Property and South Bayshore Drive which incorporates a bike path (the "Public Amenities"). The Lessee shall be required to design and construct the bay walk in conformance with the design guidelines and standards of the Dinner Key Marina Bay Walk. It is the mutual desire of the Parties that the Subject Property be leased and demised by the Lessor to the Lessee for the purposes set forth in the Proposal, for the use and benefit of the residents of the City of Miami and other members of the public, subject to and upon the terms and conditions contained herein. -2- Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk The Statement of Background and Purpose is a description of the intent of the Parties, on the Lease Date, with regard to development and construction of the Project and is not intended to limit the rights or the obligations of the Parties, during the Lease Term, except to the extent that it contains definitions and terms which are used elsewhere in this Lease. The descriptions of the amenities contained in this Statement of Background and Purpose are for illustrative purposes only, and where in conflict, the Construction Documents, as based on the Development Plans prepared by the Lessee and approved by the City Manager, shall control. Certain terms defined or capitalized in the Statement of Background and Purpose or below are more particularly defined in Section 1.2., to which reference is hereby made. In consideration of the foregoing and of the rent, covenants, and agreements hereinafter set forth and the sum of ten dollars, other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the parties do hereby covenant and agree as follows: ARTICLE I EXHIBITS AND DEFINITIONS Section 1.1. Exhibits. Attached hereto and forming a part of this Lease Agreement are the following Exhibits: Exhibit A Sketch of Survey of Subject Property Exhibit B Legal Description of Subject Property Exhibit C Conceptual Site Plan Exhibit D Environmental Permits Exhibit E State of Florida Deed No. 19448 Exhibit F Possession Date Certificate Exhibit G Members of Lessee as of Lease Date , Exhibit H Florida Department of Environmental Protection Correspondence Exhibit I Florida Department of Community Affairs Binding Letter of Interpretation of Vested Rights Exhibit J Minority and Women Business Affairs and Procurement Program Ordinance and First Source Hiring Agreement Submitted into the public record in connection with - 3 - item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 111 RH)Kf1FR l',11.1 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk CITY OF MIAMI SPECIAL EXCEPTION PERMIT NONSUBSTANTIAL MODIFICATION ZB Case No. 2000-03741 City Commission Resolution No. 01-601 To: Felix Lima for Grove Harbour 9758 SW 24tn Street Miami, FL. 33165 From: Ana Gelabert, Director Planning and zoning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: Grove Harbour Marina and Caribbean Marketplace Address: 2600/2640 S. Bayshore Drive Final Decision: ❑ Approval RI Approval with conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for a nonsubstantial modification to a Special Exception Permit pursuant to Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida. The Planning Department has made referrals to the following Departments and Boards. • Zoning Division, Department of Planning and Zoning. • Department of Asset Management Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk I, Teresita L. Fernandez, Executive Secretary of the Planning & Zoning Department, Hearing Boards Division, City of Miami and keeper of the records thereof, certify that the attached 1 foregoing page constitutes a true copy of part of the paperwork on file in the Hearing Boards Division for property address 2460 South Bayshore Drive, Grove Harbour Project. In witness thereof, I hereunto set my hand and impress the official seal of the City of Miami, Florida this 6th day of September, of the year 2002. Teresita L Fernandez, Executive Secretary Planning & Zoning Department Hearing Boards Division Miami, Florida By: (Official Seal) Executive Secretary 7. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk J-01-36(a) 06/14/01 RESOLUTION NO. 01- 6 0 f� . A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT (S) , AFFIRMING THE RECOMMENDATION OF THE ZONING BOARD THEREBY GRANTING A SPECIAL EXCEPTION FROM THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, TO ALLOW A MARINA, RETAIL SPECIALTY SHOPS, EXHIBITION SPACE, AND RESTAURANTS FOR THE PROPERTIES LOCATED AT APPROXIMATELY 2600-2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA, LEGALLY DESCRIBED IN "EXHIBIT A," ATTACHED AND INCORPORATED, PURSUANT TO PLANS TO BE REVIEWED AND APPROVED BY THE DEPARTMENT OF PLANNING AND ZONING INCORPORATING SPECIFIED SITE PLAN CHANGES, AND SUBJECT TO CERTAIN RESTRICTIONS AND REQUIREMENTS, INCLUDING A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. • WHEREAS, the Miami Zoning Board at its meeting of Decerr.ber 04, 2000, Item No. 4, adopted Resolution No. ZB 2000-0327 by a vote of eight to zero (8-0) , granting a Special Exception requiring City Commission approval as hereinafter set forth; and WHEREAS, Zoning Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, requires City Commission approval of the Special Exception as hereinafter set forth; and Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk •.. rt_t1 Cn?.rr7, r,.r`"G` L CITY COMMISSION MEETING OF JUN 1 Li 2001 RexaullouN 01- 601 WREREAS,.the City Commission, after careful consideration of this matter, finds the application for Special Exception_ does meet the applicable requirements of Zoning Ordinance No. 11000, as amended, and deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to affirm the recommendation of the Zoning Board and grant the Special Exception as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI , FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The recommendation of the Zoning Board to grant a Special Exception from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Article 4, Section 401, District Regulations, to allow a marina, retail specialty shops, and exhibition space, and restaurants for the properties located at approximately 2600-2540 South Bayshore Drive, Miami, Florida, as legally described in "Exhibit A," attached and incorporated, is affirmed, and the Special Exception Page 2 of 5 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk ©1- 601 is granted, pursuant to plans to be reviewed and approved by the Department of Planning and Zoning incorporating the site plan changes set forth below, and subject to the following restrictions and requirements, including a time limitation of twelve (12) months in which a building permit must be obtained: SITE PLAN CHANGES 1. The total number of provided parking spaces is reduced from 344 to 330 parking spaces; 2. A five foot CBS wall is to be placed on the Easterly property line in lieu of a three foot green area. 3. The most Westerly parking row is eliminated and replaced with landscaping; 4. Southeasterly parking is to be reduced to comply with the fifty foot Charter setback; 5. Total square footage is amended from 109,877 to 114,877 to accurately reflect total square footage of buildings; and 6. Landscaping islands are increased to five feet of green area to comply with the requirements of the Guides and Standards; 7. Notwithstanding the foregoing, lessee may apply for code permitted waivers of Guides and Standards pursuant to a Class II Special Permit, as necessary. RESTRICTIONS - REQUIREMENTS 1. New building shall be limited to a height not to exceed forty feet; 2. New building restaurant to operate on ground or first level only; Page 3 of 5 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 01- 601 3. New building veranda is the only outdoor area in which foodservice is permitted from the restaurant; 4. There will be no banquet/catering facilities; 5. Bike racks will be placed on site; 6. Lessee will not lease parking lot during Coconut Grove Art Festival; 7. Outdoor seating with tables (for general public use) shall be allowed only within the area located in a northeasterly direction from the veranda of the new building toward the waterfront for a distance of approximately forty-five to fifty linear feet along the frontage of the water to the new building; 8. No gambling boats to be operated from the site or shuttle boats to offshore gambling boats; and 9. Except for December 3- , July 4tn the days comprising the Coconut Grove Art Festival and the Taste of the Grove, and six other days per year selected by Grove Harbor Marina for special promotions, no live music shall be played outside on the property, including the marina; and, at all time any music produced or reproduced by any method, including but not limited to, live, electronic and mechanical means, produced or reproduced inside of any building, structure or anywhere else on the property, except as soft, background music which can only be reasonably heard by those people using the bay walk and veranda. Section 3. This Resolution shall become effective immediately upon its adoption and signature of th? Mayor_L' IF If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.. Page 4 of 5 01 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 601 PARCEL A UPLAND: A PORTION OF THE SOUTHWEST ONE -QUARTER (S Yr Y.) Of SECTION 27. TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY, FLORIDA, BEING MORE PART?CULARLY DESCRIBED AS FOLLOWS: COIAMENCING AT THE INTERSECTION Of THE CITY UOMUI.IENT LINES OF 'SW 27n" AVENUE' WITH 'SOUTH BAYS/TORE DRIVE' AS SI10WN ON THAT CERTAIN PLAT OF 'DINNER KEY;` AS RECORDED IN PLAT BOOK 34 AT PAGE 2 OF THE PUBLIC RECORDS OF DATE COUNTY, FLORIDA. THENCE. ALONG THE CITY MONUMENT LINE OF SAID 'SOW I4'BAYSTORE DRIVE' NORTH 38'30'03" EAST 11)1 3a FEET TO A POINT BEING 7.27 FEET SOUTHWESTERLY FROM THE INTERSECTION OF 1rlE CITY MONUMENT LINES OF "DARWIN STREET' WITH SAID SOUTH BAYSNORE DRIVE', THENCE. CONINUING ALONG THE CITY MONUMENT ONE Of SAID'SOUTH RAYSHORE DRIVE': NORTH 51'62'03' EAST 33 42 FEET: THENCE, SOUTH 76'25'5r EAST 98.12 FEET TO TtiE POINT OF BEGINNING OF TUE HEREIN AFTER DE SCRIBE 0 PARCEL; THENCE. CONTINUING ALONG THE LAST BEARING: SOUTH T6?S'S1 EAST 542.16FEET TO TTIE LINE OF• DEMARCATION BETWEEN UPLAND AND SUBMERGED LAND Of 'BISCAYNE BAY'. THENCE, ALONG SAID DEMARCATION LINE: SOUTt1 1821173 EAST 55? 25 FEET TO THE NORTHERLY a+GHT-Of .WAY LINE Of 'CHART ROUSE ROAD' AS Sii0WN ON THE' SKETCH OF SURVEY, DATED JANUARY 14, 1+38S, REFERRED FILE No. MISC. 8I.139 REV ARO PREPARED BY ':SCINYEBKE & SHISKIN AND ASSOCIATES THENCE, ALONG SAID RAY LINE, FOR TTIE rOtLOWW4G EIGHT (i) COURSES: 1 NORTH 75'+2'04"WEST 240.75 Ff.ET 2 It1ENCE, N01111130'43'05' WEST 7t),I5 WEST •j^^��� 7,c74'S7' WEST 93 00 FEET MIN PROPERTY LEGAL DESCRIPTIONS TO A LINE PARALLEL WITH AND 22.22 FEET SOUTHEASTERLY OF THE SOUTIHEASTERLY RIGHT•OF•WAY LINE OF SAID 'SOUTH 13AYSHORE DRIVE; THENCE, ALONG SAID PARALLEL LINE: NORTH 3 '30'03' EAST 245.49 FEET; THENCE, SOUTH 75'07'32" EAST 5,25 FEET: THENCE, NORTH 13'19'03' EAST 17.90 FEET; TT)ENCE, NORTH 51'52'03' EAST 8.30 FEET; TO THE POINT OF BEGINNING. CONTAINING 302.UUt SQUARE FEET, MORE OR LESS 011 6.9627 ACRES, MORE OR LESS. PARCEL A SUBMERGED LAND: A PORTION OF THE SOUTHWEST ONE•OUARTER (S.W Y.) OF SECTION 22, TOWNSHIP 54 SOUTH, RANGE 41 EAST, DADE COUNTY. FLORIDA, BEANO MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERESECTION OF !FIE CITY MONUMENT LINES OF 'SW 27'" AVENUE - AND 'SOUTH BAYSHORE DRIVE' AS SHOWN ON THAT CERTAIN PLAT OF 'DINNER KEY,' AS RECORDED IN PLAT BOOK 34, AT PAGE 2 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, TItENCE, ALONG TLIE CITY MONUMENT LINE OF SAID 'SOUTH BAYSI TORE DRIVE': NORTH 36'30'03- EAST 1131.38 FEET TO A POINT BEING 2.27 FEET SOUTHWESTERLY FROM THE INTERSECTION OF THE CITY MONUMENT LANES OF'DARWIN STREET' AND SAID 'SOUTH BAYSHORE DRIVE' THENCE, CONTINUING ALONG THE CITY MONUMENT LINE OF SAIQ'SOUTH I3AYSHORE DRIVE': NORTH 51'52'03' EAST 33.42 FEET: THENCE, SOUTH 76'25'57- EAST 640.26 FEET TO T11E LINE OF DEMARCATION BETWEEN UPLAND AND SUBMERGED LAND OF'[1I3CAYNE 8AY- ANO THE POINT OF BEGINNING OF THE 'tKRFq+AFTER DESCRIBED PARCEL; Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk LINE RETVJTEN UPLAND AND WOW-VIGE 1) LAN() ter 'BISCAYNE BAY'. THENCE. ALONG SAID DEMARCA110N LINE NORTH 18'23'03" WEST 560 4/ FEET TO THE POINT OF BEGINNING. CONTAINING 1110.070 SQUARE FEET. MORE OR LE. SS OR 4.32 ACRES, MORE OR LESS. PARCEL. 8 SUBMERGED LAND: A PORTION OF THE SOUTWEST ONE •OUARTER (S W Y.) OF SECTION 27, TOWNSHIP 54 SOUTH. RANGE +1 EAST, DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS. COMMENCING AT THE INTERSECTION OF THE CITY MONUMENT LINES OF "5W 2T"' AVEHUE' ANT) 'SOUTH BAYSIAORE DRIVE' AS Sr+OWN ON 1I4A T CERTAIN PLAT OF 'DINNER KEY.' AS RECORDED PLAT BOOK 34, AT PAGE 2 OF THE PUBIC RECORDS OF DADE COUNTY, FLORIDA THENCE, ALONG THE CITY MONUMENT LINE OF SA10 "SOUTH BAYSHORE DRIVE NORTH 36'3003" EAST 1131.38 FEET TO A POINT BEING 2 27 FEET SOUTHWESTERLY FROM THE INTERSECTION OF THE CITY MONUMENT LINES OF 'DARWIN S MEET' AND SAID 'SOUTH 13AYSI IORE THENCE. CONTINUING ALONG 111E CITY MONUMENT L1NEOF SAID"SOUTH BAY SHORE nlatvE' NORrN 51'52'03- EAST 33.42 FEET. THENCE, SOUTH 78'25'57' EAST 610 78 FEE 110 THE LINE OF DEMARCATION BETWEEN UPLAND AND SUBMERGED LAND OF-BISCAYNE RAY' THENCE, CONTINUING ALONG THE LAST DESCRIBED LINE: SOUTH 76'25'57" EAST 421 00 FEET. THENCE, SOUTH40'51'19' EAST 168 4+ FEFT• THENCE. SOUTH 13'34'03-WEST 89 00 FEET, TO flit. POINT OF BEGINNING OF TIIF HEREINAFTER DESCRIBED PARCEL' THENCE, SOUTH 18'15'57 FAST 351 04 f f f r, THENCE, SOUTH 13'34'03' WEST 283 00 FEE T, •'• "' *4'TS'S7' WEST 351 00 FEET, MIN i i i CITY OF MIAMI FLORIDA INTER -OFFICE MEMORANDUM Lourdes Slazyk, Assistant Director PI rning and Zoning Depatttnent Juan C. Gonzalez, Acting Zoning Adrrinistrar�r /Planning and Zoning Depa • DATE SUBJECT. aEr<.aENCES ENCLOSES June 13, 2001 Grove Harbour The following changes are to be incorporated in the Grove Harbour plans. 1, The total number of provided parkin spaceseis reduced from 344 to 330 parking spaces. 2. A five (5) feet CBS wall is to be placed on the Easterly property line in lieu of a three (3) feet green area. 3. The most Westerly parking row is eliminated and replaced with landscaping. 4. Southeasterly parking to be reduced to comply with the fifty (50') feet Charter setback. 5. Total square footage amended from 109,877 to 114.877 to accurately reflect total square footage of buildings. 6. Landscape Islands increased to five (5') feet of green area to comply with the requirements of the Guides and Standards_ JCG: is Cc: Ana Gelabert-Sanchez, Director Planning and Zoning Dcparrncnt Zoning file Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Submitted in:) record in Con;:•,,., item P2-.2 —, .. c�Jiy-o/ Ito z• Grove Harbour Marina and Caribbean Marketplace, lid October 24, 2002 CITY OF MIAM Ms. An Gelabert, Director Planning Department 444 S.W. 2'Avenue Miami, Florida 33233-9708 Re: Grove Harbour Marina and Caribbean Marketplace, LLC Change to Approved Development Plans Dear Ms, Gelahert: We like to effect a change to our previously approved plans to our Grove Harbour Marina and Caribbean Marketplace project, and hereby request a review by your department to determine whether this change would constitute a Substantial Change. • _. We like to delete the approved new three story, 30,000 SF building by the waterfront and in its place add 95 additional dry slips to the previously approved 70 dry slips, for a total of 165 dry slips. The changes to the previously approved design plans are as follows Reducing parking spaces from 330 to 296 as follows: 7 spaces for handicap, 50 - spaces to be IQ' wide by 18' deep, 50 spaces to be 9' wide by 18' deep, and 189 spaces to be 8'-6" wide by 18' deep. - Modify approved parking to mairntain existing entry or- the N.W. comer of the property. - Modify approved service area (see site plan). - Modify approved Boardwalk to adhere to existing configuration of the sea wall. Removed approximately 37,000SF of approved new building and pl�� and replaced with dry storage for boats and smaller approximately 3,000SF entry plaza attached to the approved boardwalk. - Increase number of approved exterior dry storage from 70 to 165. 9780 SW 24" STREET MIAMI, FLOR:DA 3] 165 • (305) 554-7425. FA( (305) 554-7197 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 1 CITY OF MIAMI Ms. Ana Gelabert October 24, 2002 Page Two Remove approved storefronts oa the pedestrian promenade side (pergola side) of the small hangar to reflect a projected single tenant. (see elevations) - Remove approved storefronts on the pedestrian promenade side (pergola side) of' the large hangar to reflect a smaller number of projected retail bays. (see elevations) - Remove approved storefronts on the perimeter road side (Charthouse Road) of the large hangar to reflect a smaller number of projected retail bays. (see elevations) We are proposing the change in response to the increasing demand for boat storage in the Miami and Dade County areas. In addition to making better economic sense under the present conditions, creating more boat storage facilities rather than more retail space would benefit the boating coaununity in our area. Enclosed please find the new proposed site plan which details the above listed changes. Please let us 'mow, at your earliest convenience, the result of your review. ours, Grove Harbour Marina and Caribbean Marketplace, LLC Felix Lima, Principal a Cc: Laura$illberry, Assets Management Fax: 305-416-2156 Cc: Southern Cross Marina, LC Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 1 1 1 1 1 1 1 1 i 1 i 1 1 1 1 1 1'0 REORDER C'ALI.954-846.9399 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 3ERALD J. TOBIN and the COCONUT GROVE CIVIC CLUB, INC... http://www.floridalawweekly.com/newsystem/showfile.php?fromsear... 1 9 Fla. L. Weekly Supp. 163a Zoning -- Municipal corporations -- Special exception — Writ of certiorari to quash the granting of four special exceptions by the city commission is denied where commission afforded opponents of ' special exceptions procedural due process, observed the essential requirements of the law, and final decision was supported by competent substantial evidence, including recommendations of the zoning board, three additional review boards, staff, and the city attorney's office — Where assistant director of planning and zoning stated on record that proposal was reviewed and found to be adequate relative to additional criteria listed in section of zoning ordinance, there was competent substantial evidence to support decision to grant the exceptions notwithstanding evidence presented by opponents' expert that proposal altogether failed to meet additional criteria 1 GERALD J. TOBIN and the COCONUT GROVE CIVIC CLUB, INC., Petitioner, vs. CITY OF MIAMI, a Florida municipal corporation, and GROVE HARBOUR MARINA AND CARIBBEAN MARKETPLACE, LLC., Respondents. Circuit Court, l l th Judicial Circuit (Appellate) in and for Miami -Dade County. Case No. 01-230 AP. Resolution No. 01-601, Filed January 15, 2002. Petition for Writ of Certiorari from the City Commission of the City of Miami, Florida. Counsel: W. Tucker Gibbs, for Petitioner. Carlos Cruanes and G. Miriam Maer, for Respondent. (Before THOMAS S. WILSON, PAUL SIEGEL AND ALEX FERRER, JJ.) (FERRER, J.) The Petitioners, Gerald J. Tobin and The Coconut Grove Civic Club, Inc. ("Petitioners"), have sought a writ of certiorari to the circuit court seeking to quash the granting of four special exceptions by the City of Miami Commission ("Commission") to the Respondents, City of Miami and Grove Harbour Marina and Caribbean Marketplace, LLC., ("Respondents"). The controversy centers around the development of certain city -owned property located on South Bayshore Drive in Coconut Grove, within the scenic and historically significant area known as Dinner Key. In May of 1996, the City of Miami issued a Request For Proposals (RFP) for the development of this property. After review of the proposals, the City selected the Respondents's proposal. Thereafter, the ' City and the Respondents entered into a lease agreement regarding the property's development. Pursuant to the tease, the Respondents's development plans were subject to the submission of an application for a special exception permit. Thus, the Respondents's application eventually sought four special exceptions ' to allow: 1) a marina; 2) retail specialty shops; 3) a banquet hall and 4) a restaurant and raw bar. On December 4, 2000, in a resolution, the Miami Zoning Board approved the special exceptions, and on June 14, 2001, after a duly noticed public hearing wherein the Petitioners were allowed to present targument against the granting of the exceptions, the Commission approved the Respondents's special exception application.1 In reviewing an administrative agency's decision, the function of the circuit court, sitting in its appellate capacity, is to determine whether: 1) procedural due process was accorded below; 2) the agency observed the essential requirements of the law and 3) whether the agency's findings are supported by ' competent substantial evidence. See City of Deerfield Beach v. Valliant, 419 So. 2d 624 (Fla. 1982). It is essentially uncontested that procedural due process was afforded the Petitioners.2 ' Secondly, this court must determine if the Commission, in granting the exceptions, observed the essential requirements of the law. In section 1301.3 of the City of Miami Code, Special Exceptions are discussed. This section states: ' Submitted into the public record in connection with 1 of 3 item PZ.9 on 09-25-08 9/24/2008 2:07 PM 1 Priscilla A. Thompson City Clerk GERALD J. TOBIN and the COCONUT GROVE CIVIC CLUB, INC... http://www.floridalawweekly.com/newsystem/showfile.php?fromsear... Intent. Within the city generally, or within certain zoning districts, certain structures, uses, and/or occupancies specified in this ordinance are of a nature requiring special and intensive review to determine whether or not they should be permitted in specific locations, and if so, the special limitations, conditions, and safeguards which should be applied as reasonably necessary to promote the general purposes of this zoning ordinance and, in particular, to protect adjoining properties and the neighborhood from avoidable potentially adverse effects. It is further intended that the expertise and judgment of the zoning board be exercised in making such determination, in accordance with the rules, considerations, and limitations relating to Special Exceptions ... . (Emphasis in original.) Furthermore, as held in Florida Power & Light v. City of Dania, 761 So. 2d 1089 (Fla. 2000), once a petitioner meets the initial burden of showing that his application meets the statutory criteria for granting such exception, the burden then shifts to the opposing party to demonstrate, by competent substantial evidence and made part of the record, that the exception requested did not meet such standards and was, in fact, adverse to the public interest. See also Irvine v. Duval County Planning Commission, 495 So. 2d 167 (Fla. 1986); Metropolitan Dade County v. Fuller, 515 So. 2d 1312 (Fla. 3d DCA 1987). In deciding to grant the special exceptions, the record demonstrates that the Commission complied with the essential requirements of the law as mandated and reflected in section 1301.3 of the Code, and otherwise in accordance with Duval and Fuller. In its written resolution, the Commission deemed "it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants" to grant the special exceptions. See also Haines City Community Development v. Heggs, 658 So. 2d 523 (Fla. 1995) (Departure from essential requirements of the law contemplates something far beyond legal error. It means an inherent illegality or irregularity, an abuse of judicial power, and act of judicial tyranny perpetrated with disregard of procedural requirements, resulting in a gross miscarriage of justice.). The last prong of the three prong -test mandates the reviewing court to determine if the Commission's decision to grant the exceptions was supported by substantial competent evidence. It appears that the record contains substantial competent evidence supporting the exceptions. Prior to the Commission's resolution granting the exceptions, the Miami Zoning Board unanimously recommended the approval of the exceptions. Three additional review boards -- the Historic, Environmental, Preservation Board; the Waterfront Review Board, and the Urban Development Review Board -recommended approval as well. These recommendations constitute substantial competent evidence. See e.g. Allapattah Community Ass'n Inc. of Florida v. City of Miami, 379 So. 2d 393 (Fla. 3d DCA 1979). Further, staff recommendations constitute substantial competent evidence as well. See Fuller, supra. Here, the City of Miami Attorney's Office, in a memorandum opinion comprising some fifteen pages, recommended the granting of the exceptions. Even more, Lourdes Slazyk, the Assistant Director of Planning and Zoning for the City of Miami, recommended approval of the exceptions. Significantly, Slazyk also stated on the record that with respect to the "additional criteria listed in section 1305 of the zoning ordinance, the proposal has been reviewed and found to be adequate." This is significant because the Petitioners seemingly spend an inordinate amount of time in their petition arguing that at the Commission hearing, they presented evidence, through an expert, that the Respondents's application altogether failed to comply with applicable 1305 sections. (These sections of the Code address standards for Ingress and Egress, Offstreet Parking and Loading, and Refuse and Service Areas.) However, in this regard, it is clear that the reviewing court's sole duty is to determine if the Commission's decision to grant the exceptions is supported by substantial competent evidence, not to Submitted into the public record in connection with of 3 item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 9/24/2008 2:07 PM GERALD J. TOBIN and the COCONUT GROVE CIVIC CLUB, INC... bttp://www.floridalawweekly.com/newsystem/showfile.php?fromsear.., 3 of 3 re -weigh the evidence or balance it. Even conceding that the Petitioners's expert may have presented a more cogent analysis here, the law is clear that this would not serve to trump or overcome the evidence presented by Slazyk. See Heggs, 658 So. 2d at 530. See also City of St. Petersburg v. Cardinal Industries Development Corp., 493 So. 2d 535 (Fla. 2d DCA 1986) (where there is conflicting evidence, reviewing court is not to interfere with the agency's decision); Palm Beach County v. Allen Morris Co., 547 So. 2d 690 (Fla. 4th DCA 1989) (a local government's interpretation of its own ordinances must be given deference by the court). Accordingly, we deny Petitioners's writ of certiorari, finding that the Commission, in granting the special exceptions to the Respondents, afforded Petitioners procedural due process, observed the essential requirements of the law, and that its final decision was supported by substantial competent evidence. (WILSON and SIEGEL, JJ., CONCUR.) 1The special exceptions were approved but with certain site plan changes and other restrictions. ?'Petitioners do, however, alleged in their brief that ex-parte communications were had between staff members and the Commission. However, the record below does not sufficiently substantiate these communications, to the point where the Petitioners were somehow prejudiced. In fact, the Petitioners admit that communication between the Commission and its staff is often judicially prudent; however, it becomes imprudent when the communications are advocatory in nature, and it was explained to the Petitioners's attorney on the record that the communications at issue were not of such nature. Hence, in the absence of other concrete facts connected herewith, these communications appeared not to have been prejudicial, compromising the Petitioners's procedural due process rights. See generally Jennings v. Dade County, 589 So. 2d. 1337 (Fla. 3d DCA 1991). * * * Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 9/24/2008 2:07 PM 2001 UNIFORM BUSINESS REPORT (UBR) DOCUMENT# 753680 1. Entity Name THE COCONUT GROVE CIVIC CLUB, INC. Principal Place of Business Mailing Address P.O. BOX 381 COCONUT GROVE -FL 33133 P.O. BOX 381 COCONUT GROVE FL 331334381 US 2. Principal Place of Business 3. Mailing Address Suite, Apt. #, etc. Suite, Apt. p, etc. FILED Feb 13, 2001 8:00 am Secretary of State 02-13-2001 90080 039 ****61.25 6ZZ414 11111111111111111111111111111111111111111111111111111111111111 00 NOT WRITE IN THIS SPACE A City & State City & State 4. FEI Number NOT APPLICABLE Applied For Not Applicable Zip Country Zip Country 6. Narne and Address of Current Registered Agent 5. Certificate of Status Desired ❑ $8.75 Additional Fee Required 7. Name and Address of New Registered Agent BALZEBRE, FRANK 3925 PARK DRIVE MIAMI FL 33133 Name Street Address (P.O. Box Number is Not Acceptable) C ty FL Zip Code 8- The above named entity submits this statement for the purpose of changing Its registered office or registered agent, or both, in the state of Florida. SIGNATURE Signature, typed a printed name d reclaimed agent and ude N erotic/We. (NOTE. Registered Agent ugnature requeed when reinstating) DATE FILE NOW: FEE IS $61.25 9. Election Campaign Financing $5.00 May Be Trust Fund Contribution. 0 Added to Fees Make Check Payable to Department of State 10. OFFICERS AND DIRECTORS 11. ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 10 TITLE NAME STREETADORESS CITY- ST-ZIP DV NELSON, RON 2535 INAGUA AVENUE COCONUT GROVE FL 33133 ❑ Delete T1TtE NAME STREET ADDRESS CITY.ST-ZIP ❑ Change 0 Addition TITLE tUME STREET ADDRESS CITY-ST-ZIP DP BALZEBRE, FRANK 3925 PARK DR COCONUT GROVE FL 33133 0 Delete TITLE NAME STREET ADDRESS CITY-ST-ZIP TITLE NAME STREET ADDRESS CITY-ST-ZIP DT STAHL, TED 3171 ROYAL RD COCONUT GROVE FL 33133 ❑ Delete TITLE NAME STREET ADDRESS Cm-ST-ZIP TITLE NAME STREET ADC4tESS CITY-ST-ZIP D BILUG, SUE 3545 AVACADO AVE COCONUT GROVE FL 0 Delete TITLE NAME STREET ADDRESS CITY-ST-ZIP TITLE NAME STREET ADDRESS CtfY-ST-ZIP— - SD 0 Delete TERRY, KITTY 1896 T1GERTAIL -COCONUT GROVE FL TITLE NAME STREET ADDRESS CITY -sr -ZIP TITLE NAME STREET ADDRESS CITY-ST-ZIP 0 Delete TTRE NAME STREET ADDRESS CITY-ST-ZIP v Y 0 70 ' 00 3 rn to as c LA 0 E V 0r O N 0 >- as-+ u L y, O c 0 I— 0 c C Q •— 0 0 r0 0 Change 0 Addition ❑ Change ❑ Addition ❑ Change ❑ Addition ❑ Change ❑ Addition ❑ Change ❑ Addition 12. I hereby certify that the information supplied with this filing does not qualify for the exemption sta ed in Section 119,07(3)(i), Florida Statutes. I further certify that the information Indicated on this report or supplemental report is true and accurate and that my signature shall have the same legal effect as if made under oath: that I am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears in Block 10 or Block 11 If changed, or on an attachment with an address, with all other Ilke empowered, SIGNATUR�?���� !i4 �If .P rlri_SA0RE®Ted Stahl 2-07-01 305 444-0150 co w w 0 AND - • ON PRIMO NAarE OF SIONINO OFFICER OA DIRECTOR Date Daytime Phone e ' 2002 UNIFORM BUSINESS REPORT (UBR) DOCUMENT # 753680 1. Entity Name THE COCONUT GROVE CIVIC CLUB, INC. Principal Place of Business P.O. BOX 381 COCONUT GROVE FL 33133 Mailing Address P.O. BOX 381 COCONUT GROVE FL 33133-0381 US 2. Principal Place of Business 3. Mailing Address Suite, Apt. N, etc. Suite, Apt. N, etc. FILED Feb 19, 2002 8:00 am Secretary of State 02-19-2002 90056 024 * ***61.25 1111111111111 IuhI 111111111111111111111111111111111 DO NOT WRITE IN THIS SPACE sea City F. State City 8 State 4. FEI Number NOT APPLICABLE Applied For Not Applicable Zip Country ZIP Country 5. Certificate of Status Desired El�•75 Additional Fee Required 6. Name and Address of Current Registered Agent 7. Name and Address of New Registered Agent Name _ - - ' BAIZEBRE, FRANK Street Address (P.O. Box Number is Not Acceptable) 3925 PARK DRIVE MIAMI FL 33133 f City FL Zip Code 8. The above named entity submits this statement for the purpose of changing its registered office or registered agent, or both, in the state of Florida. SIGNATURE Signature, typed cc printed name of r gktered agars and role a applicable. (NOTE: Registered Agent signature required when reinstating) DATE ;it FILE NOW: FEE IS $61 25 9. Election Campaign Financing $5.00 May Be Trust Fund Contribution. 0 Added to Fees Make Check Payable to Department of State 10. - OFFICERS AND DIRECTORS 11. ADDITIONS/CHANGES TO OFFICERS AND DIRECTORS IN 10 'TITLE NAME STREET ADDRESS cIY-ST-ZIP DV 0 Delete NELSON, RON 2535 NAGUA AVENUE COCONUT GROVE FL 33133 TITLE NAME STREET ADDRESS Cm-ST-ZIP 0 Change 0 Addition Submitted into the public record in connection with item PZ.9 on 09-25-08 TRLE NAME STREET ADDRESS DP 0 Delete BALZEBRE, FRANK 3925 PARK DR COCONUT GROVE FL 33133 TITLE NAME STREET ADDRESS CITY-ST-DP ❑Change 0 Addition Priscilla A. Thompson City Clerk 'CITY-ST-ZIP TITLE DT . .. -• ❑ Delete - TITLE • ADDRESS"--. CHANGE ONLY - - a change ❑ Addition NAME STREET ADDRESS CITY -Si -ZIP STAHL, TED 3171 ROYAL RD COCONUT GROVE FL 33133 NAME STREET ADDRESS CRY-ST-ZIP Stahl , Ted 2867 Day Avenue Coconut Grove FL 3313 WILE E D 0Delete TITLE ADDRESS ' CHANGE ONLY Change ❑ Addition ISTAEETADDRESS NAME cl"Y-ST-DP BIWG, SUE 3545 AVACADO AVE FL NAME STAEETQ°REss CfTY-ST-ZIP 13i11ig, Sue 3595 Avocado Avenue Grove,. FL 33133 MU��� 0 DeleteTITLECoconut Q change 0 Addition NAME STREET ADDRESS CIF-ST-ZIP _ TERRY, KITTY 1896 TIGERTAIL .COCONUT GROVE FL NAME STREET ADDRESS cm-ST-ZIP 'STREET TITLE ADDRESS CITY- ST-ZIP 1 ❑ Delete TRt£ NAME STREET ADDRESS CRY- ST-ZIP 0 Change 0 Addition 12. I hereby certify that the information suppllecf with this filing does not qualify for the exemption sta ed in Section 119.07(3)(i), Florida Statutes. I further certify that the information indicated on this report or supplemental report le true and accurate and that my signature shell have the same legal effect as if made under oath; that 1 am an officer or director of the corporation or the receiver or trustee empowered to execute this report as required by Chapter 617, Florida Statutes; and that my name appears in Block 10 or Block 11 If changed, or on an attachment with an address, with all other Ilke empowered. SIGNATUR8�' &,�J.° P r' .- - r,JB "dREEye d Stahl 1-30-02 305 444-0150 I RE AND TYPED OR PRINTED NAME OF SIGNING OFFICER OR DIRECTOR Date Daytime Phone Ir CR2E037 (9/01 ww.sunbiz.org - Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq doc_... If 3 FLORIDA DEPARTMENT OF STATE DIVISION OrCORPORATIONS Home Contact Us E-Filing Services Document Searches Forms Help Previous on List Next on List Return To List Events No Name History Detail by Entity Name Florida Non Profit Corporation THE COCONUT GROVE CIVIC CLUB, INC. Filing Information Document Number 753680 FEI Number N/A Date Filed 08/06/1980 State FL Status ACTIVE Last Event REINSTATEMENT Event Date Filed 09/30/1996 Event Effective Date NONE Principal Address P.O. BOX 381 COCONUT GROVE FL 33133 Changed 10/10/1990 Mailing Address P.O. BOX 381 COCONUT GROVE FL 33133-0381 US Changed 01/27/1998 Registered Agent Name & Address NELSON, JOYCE 2535 INAGUA AVENUE MIAMI FL 33133 Name Changed: 02/28/2008 Address Changed: 05/12/2003 Officer/Director Detail Name & Address Title DT STAHL, TED 2867 DAY AVENUE COCONUT GROVE FL 33133 Title D Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk `Entity Name,Search I 9/24/2008 2:20 PM *`v.soobizuxrg-Department oCState CHANDLERJON| 3635 AVOCADO LN Title SD TERRY, KITTY 1898T|GERTA|L COCONUT GROVE I'L Title DIP NELSON`JOYCE 2535iNAGUAAVE M|A[N| FL33133 Annual Reports Report Year Filed Date 2006 06/20/2106 2007 02/19/2007 2008 02/28/2008 Document Images 02/28/2008 -- ANNUAL REPORT 02/19/2007 -- ANNUAL REPORT 08/2O/200G-ANNUAL REPORT 04/08/2005-ANNUAL REPORT 02/02/2004-ANNUAL REPORT U5/12/2003-ANNUAL REPORT �View ~0��|m0Q��PDFYonn.6�] � � | - - - ' i-n 1 | ..Vi* View image in '1413-Fjormat 02/19/2002 -- ANNUAL REPORT 02/13/2001 --ANNUAL REPORT 01/1A/2000-ANNUAL REPORT 09C23/19Q0-ANNUAL REPORT 01/27/1008-ANNUALREPORT 02/28/1QQ7-ANNUAL REPORT � Note: This isnot official record. See documents ifquestion orconflict. Submitted into the public record inconnection with item PZ.9 on 09'25'08 Priscilla A.Thompson City Clerk 0D4/20082:209M ww.sunbiz.org - Department of State http://www.sunbiz.org/scripts/cordet.exe?action=DETFIL&inq_doc_... If 3 Previous on List Next on List Return To List Events No Name History ;:Entity Natne,Search I Home Contact us Document Searches E-FIling Services Forms Help Copyright and Privacy Policies Copyright © 2007 State of Florida, Department of State. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk J/24/2008 2:20 PM on Nelson: Zoom.Info Business People Information http://www.zoominfo.com/people/Nelson_Ron_99752519.aspx Find People Find Companies (ex: Jonathan Stem Welcome, Guest Register I Sign In I Help ;Search I Advanced Search View Ron Nelson's Full Profile » Mr. Ron Nelson View Title... Coconut Grove Village Council 1-10 of 18 online sources for Ron Nelson Ron's profile was created using: 18 online sources [ view sources ] Profile is not claimed [ this is me ] www.fltrend.com/article.asp?a1D=88149947.270207.603928. - [Cached Version[ Published on: 4/30/2007 Last Visited: 4/30/2007 Sort By: Headline Ascending Wrong Person? Try these instead Ron Nelson Michigan Association of Charter School Boards Ron Nelson Tina Michels Ron Nelson Whitefish Bay Soccer Club Ron Nelson t d Door Company of Albert Lea Veteran Miami activist Ron Nelson says developers are not always to blame, noting that savvy civic groups often approach developers to propose the deals."What bothers me most is the secrecy," says Nelson, who is a member of the Coconut Grove Village Council, an elected advisory group to City Hall. www.coconutgrovevillagecouncil.comldefault.asp?x=1 &n1=8 - [Cached Version] Published on: 5/12/2007 Last Visited: 5/12/2007 Ron Nelson Ron Nelson is a native Miamian, Coconut Grove resident for 30+ years, and current president of the Coconut Grove Civic CIub.Two other organizations that were spun off of the Civic Club are the Coconut Grove Village Council and the Tree Man Trust, both of which he has been actively involved with.The goals of the Coconut Grove Civic Club are what he has pursued for the past 15+ years. www.vlrusbtn.com/Session-bf8b5deh514440baf44aba21244d4e - [Cached Version] Published on: 9/1/2008 Last Visited: 9/2/2008 by Ron Nelson, 01 September 2008, 09:25 www.coconutgrovevillagecouncil.com/default.asp?n1=3&n2= - [Cached Version] Published on: 9/24/2008 Last Visited: 5/12/2007 Congratulations to Ron Nelson, who has been appointed as an Aide to Commissioner Marc Samoff. Sadly, this means Ron had to resign from the Village Council. Classical Music : John Nelson - [Cached Version] Published on: 9/24/2008 Last Visited: 3/24/2005 by John Adams, Ronald A. Nelson, Darius Milhaud, Frank Ticheli, Bob Margolis, Eugene Corporon by University of Georgia Wind Symphony, Dmitry Shostakovich, Morton Gould, David Gillingham, Donald Grantham, John Philip Sousa, Ronald A. Nelson by: Stephen Foster, Anonymous, Ronald A. Nelson, John Edmunds, John Jacob Niles, American Traditional, English Traditional, Aaron Copland, Stan Jones, Dan Kelly by. Ron Nelson, George Frideric Handel, Georges Bizet, Giacomo Puccini, Giuseppe Verdi, Jacques Offenbach, Leo Delibes, Gioachino Rossini, Morten Lauridsen, Eric Lane Barnes Classical Music : John Nelson - [Cached Version] Ron Nelson GNF Group LLC Ron Nelson Nevada Irrigation District More... u -C C ++ Y O 3 3 o a 01 fl- g rn Era G/ ,0 N O > +� u rn If 2 9/24/2008 2:19 PM on Nelson: ZoomInfo Business People Information http://wvvw.zoominfo.com/people/Nelson_Ron_99752519.aspx Published on: 9/24/2008 Last Visited: 1/19/2005 by. John Adams, Ronald A. Nelson, Darius Milhaud, Frank Ticheli, Bob Margolis, Eugene Corporon by University of Georgia Wind Symphony, Dmitry Shostakovich, Morton Gould, David Gillingham, Donald Grantham Jphn Philip Sousa, Ronald A. Nelson Products Overview II Add New Company Add Your Profile 1 Tools & Resources I by: Ron Nelson, George Frideric Handel, Georges Bizet, Giacomo Puccini, Giuseppe Verdi, Jacques Offenbach, Leo Delibffsveloper API Gioachino Rossini, Morten Lauridsen, Eric Lane Barnes FAQ I Privacy Policy 1 Terms of Service 1 About Us Contact Us 1 Jobs at ZoDmInfo I Advertise with Us by. Stephen Foster, Anonymous, Ronald A. Nelson, John Edmunds, John Jacob Niles, American Traditional, English Traditional, Aaron Copland, Stan Jones, Dan Kelly Copyright © 2008 Zoom,Infomiation Inc. All rights reserved. Classical Music : John Nelson - [Cached Version[ Published on: 9/24/2008 Last Visited: 11/3/2004 BPS_S5.0.5_newul_R0002_P001.1 0M16 by. University of Georgia Wind Symphony, Dmitry Shostakovich, Morton Gould, David Gillingham, Donald Grantham, John Philip Sousa, Ronald A. Nelson by. John Adams, Ronald A. Nelson, Darius Milhaud, Frank Tichell, Bob Margolis, Eugene Corporon Classical Music : John Nelson - [Cached Version] Published on: 7/30/2004 Last Visited: 7/30/2004 by. John Adams, Ronald A. Nelson, Darius Milhaud, Frank Ticheli, Bob Margolis, Eugene Corporon by: University of Georgia Wind Symphony, Dmitry Shostakovich, Morton Gould, David Gillingham, Donald Grantham, John Philip Sousa, Ronald A. Nelson Community News - [Cached Version/ Published on: 3/21/2004 Last Visited: 3/21/2004 Ron Nelson, president of the Coconut Grove Civic club, says the Treeman Trust appealed the Grovenor's previous landscape plan, but since new plans were submitted the city has refunded the Trust's appeal money and the group will have to start the process over again if it objects to the new plan. "The goal has been to save as many of the heritage trees as possible," said Nelson. Developer hopes to build condos on Coconut Groves... - [Cached Version] Published on: 1/30/2003 Last Visited: 1/30/2003 "That's the major issue," said Ron Nelson, president of the Coconut Grove Civic Club."It comes down to the intent of the law."More than 25 others spoke about the proposed development at Thursday's planning and zoning hearing.For every person in support, five more fought against the projects size, many expressing fears of losing more of the Grove's view of the sky, the breeze from the bay, the mix of residents of different income levels and the overall character of the community. For others, it was an issue of crowding, or as one resident put it: "Coconut Grove is full.lt's a sold -out show." Mr. Nelson said his group's efforts have already succeeded in some ways in salvaging the area's integrity."It's not a drawn line of win or lose," Mr. Nelson said."There have already been some wins in saving trees and on the height." Page: 1 2 1 If 2 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 9/24/2008 2:19 PM CARLOS A. GIMENEZ CITY MANAGER • ,- July 8, Mr. Alan Liri 9758 SW 24 Street Miami, FL 33165 Gtg ]GT4aarni Mr. Felix Lima 9758 SW 24 Street Miami, FL 33165 P.O. BOX 330700 MIAMI. FLORIDA 3333.0708 (305) 418.1025 FAX (305) 400.5043 RE: Lease between City of Miami and Grove Harbour Marina and Caribbean Marketplace, LLC ("Grove Harbour") dated March 12, 1999, as amended (the "Lease") Gentlemen_ We have received a copy of the order from the Third District Court of Appeal, dated June 18, 2002, denying the petition for writ of certiorari. We would like at this time to move forward with transferring possession of the Lease property to you. As you know, satisfaction of all Lease requirements is a pre -condition to the City's delivery of possession of the property. Thus, prior to the transfer of possession you must satisfy the items outlined in the attached Exhibit A. We are enclosing for your files a copy of the temporary certificate of occupancy for the docks. Please provide the requested information within thirty (30) days of receipt of this letter so we can review and approve same. If you have any questions, please call Laura Billberry, Director of Asset Ivlanagement, at (305)416-1452. Sincer r os ienez CAG:DB:t :1 GH punch list c Ilene Temchin, Assistant City Attorney Laura Billberry, Director of Asset Management Arleen Weintraub, Director of Real Estate & Economic Development Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk to 1 o 1 1 1 1 1 1 1 • II IY) RI'ORUF.R ('ALI. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 5 Zoning Board Meeting Agenda - Final July 14, 2008 Z.4 07-00345xc A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOARD/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Felix Lima, Principal, and Juan Berry, Architect, on behalf of Grove Harbour Marina FINDINGS: PLANNING DEPARTMENT: Recommended approval. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace. NOTE: File previously known as 07-00345x. Attachments: 07-00345xc Analysis.PDF 07-00345xc Zoning Map.pdf 07-00345xc Aerial Map.pdf 07-00345xc Letter of Intent.pdf 07-00345xc Application & Supporting Docs.PDF 07-00345xc Plans.PDF 07-00345xc ZB 07-14-08 Fact Sheet.pdf Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk City of Miami Page 8 Printed on 7/9/2008 Miami Zoning Board Resolution No.: 08-065 Monday, September 8, 2008 Mr. Joseph H. Ganguzza offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1305 FROM ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED APPROVAL TO THE CITY COMMISSION OF THE SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI- DADE COUNTY, FLORIDA; ZONED PR PARK, RECREATION AND OPEN SPACE WITH AN NCD-3 COCONUT GROVE NEIGHBORHOOD CONSERVATION DISTRICT. THIS SPECIAL EXCEPTION WAS RECOMMENDED APPROVAL WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED, SUBJECT TO THE FOLLOWING CONDITIONS: 1) SIGNS SPECIFICATIONS AND PAINT COLOR SAMPLES SHALL BE SUBMITTED FOR THE REVIEW AND APPROVAL BY THE PLANNING DEPARTMENT PRIOR TO THE ISSUANCE OF ANY BUILDING PERMITS; 2) APPLICANT TO PROVIDE PUBLIC ACCESS IN THE OPEN SPACE BENEATH THE INTENDED STRUCTURE; AND 3) APPLICANT WILL BE MAINTAINING AREA. Upon being seconded by Ms. lleana Hernandez -Acosta, the motion was passed and adopted by the following vote: Mr. Bret Berlin No Mr. Ron Cordon Away Mr. Miguel A. Gabela No Mr. Joseph H. Ganguzza Yes Mr. Charles A. Garavaglia Yes Ms. Ileana Hemandez-Acosta Yes Mr. Juvenal A. Pine Yes Mr. Cornelius Shiver Away Mr. Angel Urquiola Yes AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 5-2 r--.. 5 2 0 0 2 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Teresita L. Fernandez, Executive -Secretary Hearing Boards File ID#: 07-00345xc Z.2 Zoning Board Meeting Agenda - Final September 8, 2008 Z.2 07-00345xc A RESOLUTION OF THE MIAMI CITY COMMISSION WITH ATTACHMENT(S) APPROVING A SPECIAL EXCEPTION, REQUIRING CITY COMMISSION APPROVAL, AS LISTED IN ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, UNDER CONDITIONAL ACCESSORY USES ON PR -PARK, RECREATION AND OPEN SPACES DISTRICT, TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOARD/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. LOCATION: Approximately 2640 S Bayshore Drive [Commissioner Marc David Sarnoff - District 2] APPLICANT(S): Santiago D. Echemendia, Esquire, on behalf of Grove Harbour Marina FINDINGS: PLANNING DEPARTMENT: Recommended approval with a condition*. *See suporting documentation. WATERFRONT ADVISORY BOARD: Pending recommendation on September 9, 2008. PURPOSE: This will allow the construction of an office building for the boat/brokerage and marina boat administration for the Grove Harbour Marina and Marketplace. NOTE: File previously known as 07-00345x. This item was continued from the Zoning Board of July 14, 2008. Attachments: 07-00345xc Analysis (OLD).PDF 07-00345xc Analysis. PDF 07-00345xc Zoning Map.pdf 07-00345xc Aerial Map.pdf 07-00345xc Letter of Intent.pdf 07-00345xc Application & Supporting Docs.PDF 07-00345xc Plans.PDF 07-00345xc ZB 07-14-08 Fact Sheet.pdf 07-00345xc ZB 09-08-08 Fact Sheet.pdf Legislative History 7/14/08 Zoning Board CONTINUED Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk City of Miami Page 4 Printed on 9/2/2008 WATERFRONT ADVISORY BOARD MOTION: WAB 2008-10 A MOTION OF THE MIAMI WATERFRONT ADVISORY BOARD (WAB) RECOMMENDING APPROVAL OF A RESOLUTION TO ALLOW THE CONSTRUCTION OF AN OFFICE BUILDING FOR THE BOAT/BROKERAGE AND MARINA BOAT ADMINISTRATION, PER THE LEASE AND DEVELOPMENT AGREEMENT, AND TO ALLOW A WATERFRONT SETBACK WAIVER REQUIREMENT FROM 50 FEET 0 INCHES TO 22 FEET 6 INCHES TO THE NEAREST POINT BETWEEN THE NEW STRUCTURE AND THE BULKHEAD, FOR THE PROPERTY LOCATED AT APPROXIMATELY 2640 SOUTH BAYSHORE DRIVE, SUBJECT TO THE CONDITIONS IMPOSED BY THE MIAMI ZONING BOARD ON SEPTEMBER 8, 2008. ATTEST: Hearing Date: September 9, 2008 Vote: 6 to 0 Teresita L. Fernandez, R.A., Director, Department of Hearing Boards Submitted into the public record in connection with item PZ.9 on 09 25-08 Priscilla A. Thompson City Clerk Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk WATERFRONT ADVISORY BOARD AGENDA CABLE CHANNEL 77 September 9, 2008 Miami City Hall 6:30 PM 3500 Pan American Drive I. Pledge of Allegiance II. Roll Call III. Chairman's Comments IV. Introduction of Historic Coconut Grove Marine Community AD HOC Committee Members. Presenter: WAB Chairman V. City of Miami, Police Marine Patrol to review certain needs to consider relocating to the Marine Stadium Basin. Presenter: Miami Marine Patrol VI. Make recommendations for a Special Exception requiring City Commission approval for the construction of the Pelican Harbor Marina Dockmaster's Office — Zoning Board recommended approval; vote of 7-1. Presenter: Miami -Dade Parks Department VII. Make recommendations for a Special Exception requiring City Commission approval to allow the construction of an office building for the boat/brokerage and marina boat administration and make recommendations on a waterfront setback waiver requirement from 50 feet 0 inches to 22 feet 6 inches to the nearest point between the new structure and the bulkhead. Presenter: Grove Harbor Marina X. Dinner Key Managed Mooring Field scheduled for completion February 2009 Amenities, derelict vessels, live -a -board, visiting boaters, dinghy docks, mooring lease Harbormaster's Office. Presenter: Dinner Key Dockmaster/Miami Marine Patrol. XI. Review City of Miami Lease Portfolio beginning with the Miami River. Presenter: Department of Public Facilities XII. Review certain youth sailing accomplishments and the coming Orange Bowl Regatta. Presenter: Wendy Kamilar, WAB XIII. Review recent consultant's public meeting on Virginia Key. Presenter: Enrique Nunez, Planning Department IX. ADJOURN DEPARTMENT OF HEARING BOARDS 444 SW 2ND AVENUE, 7T" FLOOR MIAMI, FLORIDA 33130 TELEPHONE (305) 416-2030 I Coconut Grove Village Council imMichelle Niemeyer - Chair artin Zilber - Vice Chair / Sargeant at Arms Felice Dubin —Treasurer/ Secretary David Collins Liliana Dones Gary Hecht Lottie Person Alyn Pruett Susan Weintraub Mailing Address 3250 Mary Street, Suite 302 Coconut Grove, FL 33133 Telephone 305-443-1818 Facsimile 305-443-8368 Web Address Ivw.CoconutGroveVillageCouncil.com 1) 2) 3) 4) 5) 6. 7. COCONUT GROVE VILLAGE COUNCIL AGENDA FOR SEPTEMBER 18, 2008 CITY HALL - COMMISSION CHAMBERS 7:OOPM to 9:OOPM CaII to Order Pledge of Allegiance Roll Call Minutes Michelle Niemeyer, Chair Felice Dubin, Secretary/Treasurer Felice Dubin, Secretary/Treasurer Treasurer's Report...Felice Dubin, Secretary/Treasurer CRIMEWATCH UPDATE UPDATE REGARDING EFFECTIVENESS OF CODE ENFORCEMENT IN RELATION TO TREE CUTTING VIOLATIONS AND OTHER CODE ENFORCEMENT ISSUES 8. PRESENTATION AND DISCUSSION REGARDING PROPOSED BUILDING AT GROVE HARBOUR MARINA 9. UPDATE REGARDING MIAMI 21 AND SCHEDULING OF SPECIAL MEETING REGARDING MAPPING OF COCONUT GROVE 10. NEW BUSINESS Any member of the Council or of the community may raise new business to be discussed in detail at future meetings. 11. ANNOUNCEMENTS 12. ADJOURNMENT COUNCIL PROCEEDINGS ARE TELEVISED ON CHANNEL 77 and streamed on http://videos.miamigov.com Notes: Public Comments are held until the noted agenda item unless specifically authorized by the Chairman. Members of the public are requested to sign in at the meeting, noting the agenda item(s) they wish to address. Please limit comments to 2 minutes. Individuals and organizations desiring to make a community announcement, please inform the Chairman prior to the call to order of the meeting. The agenda closes and becomes official at noon, FIVE DAYS PRIOR TO THE MEETING. The general public may request to place items on the agenda by written notice or to the Council Chairman by mail or email at www.CoconutGroveVillageCouncil.com Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk '9/23/2008 Amanda Quirke - FW: FW: Pro osed Coconut Grove building faces new criticism Miami Herald 9-14-08 Page 1 From: "Nelson, Ron" <rnelson@miamigov.com> To: <sde@tewlaw.com> Date: 9/19/2008 9:43 AM Subject: FW: FW: Proposed Coconut Grove building faces new criticism Miami Herald 9-14-08 Attachments: GH PLANS III.PDF Santiago, here is the email that was read last night. There are no other emails. Brgds Ron Nelson Chief of Staff Commissioner Marc D. Sarnoff City of Miami District 2 (305) 250-5334 Mobile (305) 281-2649 From: mdawson@sasaki.com [mailto:mdawson@sasaki.com] Sent: Tuesday, September 16, 2008 7:48 AM To: Nelson, Ron Subject: Re: FW: Proposed Coconut Grove building faces new criticism Miami Herald 9-14-08 Ron, Interesting we favored the building when it was compliant with the zoning Last we reviewed (2 years ago) with the family the use was support for the marina operation, waiting room, lockers, showers and small chancellery. Do not recall it being an office building for yacht brokers I would agree a great spot would be in the garage. I will call you this morning - Mark Mark O. Dawson ASLA Principal t 617.923.7225 I c 617.620.7831 www.sasaki.com <http://www.sasaki.com/> "Nelson, Ron" <rnelsor,@miamigov.com> Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk '9/23/2008 Amanda Quirke - FW: FW: Pro.osed Coconut Grove buildin• faces new criticism Miami Herald 9- 4-08 Pa 09/15/2008 06:20 PM To <mdawson@sasaki.com> cc Subject FW: Proposed Coconut Grove building faces new criticism Miami Herald 9-14-08 Mark, As you know our office did ask about the placement of the new Grove Harbour office building on the Sasaki plan. We were concerned that a building that had not gone through the proper process being placed on the plan would appear as an endorsement. I als believe that you were as well concerned about an office building being placed directly on the waterfront, especially if it were to encroach into the baywalk, or add mass to the area the plan was trying to open up for the commercial pier. The thought was that retail and yacht brokers belonged upland by Bayshore Dr. Possibly where the proposed parking garage will be built. The developer has stated on record at public meetings that you favor this office building at its proposed location. Can you call our office on tomorrow to discuss? Brgds Ron Nelson Chief of Staff Commissioner Marc D. Sarnoff City of Miami District 2 (305) 250-5333 Mobile (305) 281-2649 Proposed Coconut Grove building faces new criticism Grove Harbour Marina hopes to build a new dockmaster and administration office, but critics say the project would obstruct a public boardwalk and conflict with the Coconut Grove Waterfront Master Plan. BY DAVID SMILEY dsmiley@MiamiHerald.com <mailto:dsmiley@MiamiHerald.com> For years, the dockmaster and administration office building proposed by Grove Harbour Marina has been called too tall and too large. But now that the project has been downsized, it is facing a new criticism: the three-story building wasn't 0 n E O L H ra 0 a` 972312008) Amanda Quirke - FW: FW: Proposed Coconut Grove building faces new criticism Miami Herald 9-14-08 Page 3 r included in the recently approved Coconut Grove Waterfront Master Plan. Crafted with years of public input by consultant Sasaki Associates, the plan maps out a vision for the future development of Dinner Key. "They're upsetting the whole plan," activist Michael Butler said during Monday's Zoning Board hearing. "The principals of Sasaki did not want a three-story building smack on the waterfront." Grove Harbour has proposed a 21,000-square-foot office and brokerage building about 22 feet from the water. The building would replace portable toilets with bathrooms and provide showers and lockers for Grove Harbour customers, said attorney Santiago Echemendia. Plus, the bottom floor would include about 5,000 square feet of open space and would serve as a public promenade in which residents could stop for lunch or to relax on the water, Echemendia said. ' "There are a lot of folks clamoring for a place to eat your sandwich or food you bought from The Fresh Market," he said. 1 Echemendia said the building was proposed years ago at 38,000 square feet but has been reduced in size twice after critics said it was too large. The biggest knock against the building has been that it is too close to the water, he said, but only the building's columns would impede on the boardwalk on the ground floor. He also noted that the city has proposed a new three-story Dinner Key dockmaster facility near the water. The Zoning Board voted 5-2 in favor of the project, and Tuesday the city's Waterfront Advisory Board voted unanimously in favor of the project. But before beginning construction, Grove Harbour must first secure the support of the Miami City Commission, where there is already one detractor. Commissioner Marc Sarnoff, who represents the Grove, said Wednesday that there is no need for the facility to be on the water and noted that much of what is proposed in the building would already be covered in a retail and parking garage on South Bayshore Drive proposed in the Sasaki plan. "I thought the idea behind the Sasaki plan was to design the waterfront," Sarnoff said. "If it's not part of Sasaki plan, why isn't it a part of the Sasaki plan?" The building was left out of the master plan because it was too large and would have obstructed the boardwalk, said Enrique Nunez, the city's chief of urban design. But now that Grove Harbour has reduced the scope of the building and added public access to the ground floor, Nunez said the project is no longer a problem. "At this point it does not negatively impact the principals of the overall Waterfront Master Plan," Nunez said. In fact, it enhances the waterfront, said Michelle Niemeyer, a waterfront activist and chairwoman of the Cocoanut Grove Village Council, which will weigh in on the matter Thursday. Niemeyer said Monday she expected to be against the project, but now supports the building because of Grove Harbour's commitment to allow the public to use the ground floor as a promenade. "It's a fantastic compromise," she said. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk TO REORDER CAL Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 6 Thursday, September 18, 2008 Going from 150 square feet to 21,600 square feet - NO The folks from Grove Harbour Marina presented their project plans to the Village Council tonight. It was a rehash of what I posted here. YOU read it here first he developers wanted to show the before and after plans, showing that they have downsized the plans from their first draft. But of course, who is to say they didn't design a larger building to begin with and then pull the switch and end up with the smaller structure, which may have been their intention all the time. They say it went from 38,000 in size to 21,600 in size. The current building is 150 square feet. They keep throwing in that the open area under the new structure will allow Fresh Market customers to have a dining area. But as one resident stated, there are parks on either side of the Fresh Market. Take your food there! The empy area next to the Fresh Market now, in the shade, is never used. What is the point of all those years of designing the Waterfront Masterplan to have someone just come in and change it because they feel like it? That was the sticking point at the meeting. They want to build a big building 22 feet from the water, the easement law is 50 feet! This project is ready to go now, while the Waterfront Masterplan is still trying to come up with money and a start date. So the funny part is that this can be done and open years before the Waterfront Masterplan work even begins. The zoning board has recommended 5 to 2 in favor of the project. But it is felt they were mislead. Felice Dubin (left), Council Member, was concerned about them trying to push the plan through. None of the neighbors was notified of this plan, it really did come out of the blue. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk According to Santiago Echemendia, speaking for the project (a land use lawyer), he was before the Village Council as a courtesy, and didn't seem to want to be bothered with the Council. Felice felt that an office building is not needed on the waterfront. He felt that it fits in with the Waterfront Masterplan and that they had "vested rights," but offices were not approved as part of the Masterplan. This is an office building to be built on the water. "You think going from 150 square feet to 21,600 square feet is a compromise?" scoffed Felice. Michelle Neimeyer, head of the Village Council, and only one of two Council Members, for the project, stated that the marina was never treated as part of the Waterfront Masterplan, but it is a private business, with a 40 year lease -- a working marina, and it was just assumed that it would "do it's own thing" to survive in the businessword. Dave Collins (right), Village Council member, proposed that the City Commission not support this project. Blocking the water is not a good thing in his view (in fact it will block views). He said "vested rights" is not a good thing to bring up either (as Echemendia did) to the Village Council, because the last group that used that phrase was Home Depot. Council Member Martin Zilber didn't have a clue about this whole issue until the night before. He felt it should be revisited at a future meeting with more public input. Michelle did mention that we discussed it in the Grapevine, but it really did come up fast without much warning. But it makes no sense since the City Commission is voting Thursday next week. It's like closing the barn door after the horse has left. They are gambling that Commissioner Marc Sarnoff may defer the issue at next week's Commission meeting. Martin moved to defer it until after the City meets. It was seconded. But Michelle Neimeyer felt they need to make a decision tonight and the deferral motion failed. Village Council member Gary Hecht moved to deny building of the structure. It was seconded. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Santiago Echemendia, the attorney for the project, was full of hearsay. He talked about everyone and anyone that has approved the project. But there was no proof of any of this, not to say he was making anything up, but as an attorney he should know that hearsay means nothing in the court of law. He says, Enrique Nunez, the city guy in charge of the Waterfront Masterplan is for the Grove Harbour project. But does the City ever care about what the Grove wants? Is that a surprise? Alyn Pruett, Village Council member, felt that it is odd that it is not part of the Waterfront Masterplan. It's like they are trying to do something that is not proper by holding the whole issue back. "Maybe it's a technical error," and should be an amendments on the Masterplan, according to Alyn. "Is it absolutely necessary to have the square footage that you have now?" asked Lillian Dones, Council Member, wondering why leased office spaces are needed on the waterfront and not just a dockmaster's office. Village Council members Michelle Neimeyer and Lottie Person were in favor of the plan, for various reasons of their own. The rest of the Village Council voted against it. Lottie felt it was "pretty," I really think that is not a good reason to screw up the waterfront and build an office building on the waterfront. She felt that Village Council members were against the plan because it isn't perfect. Lottie needs to get real, honestly. A four story office building on the water? How can that ever be made perfect? So everyone voted to ask the City Commission to deny the project except for Michelle and Lottie. And the Council asked that the Sasaki people, who designed the Waterfront Masterplan, weigh in and see if they feel this should be part of their long drawn -out plan. Village Council members at tonight's meeting: Michelle Neimeyer, Lottie Person, David Collins, Gary Hecht, Alyn Pruett, Felice Dubin, Lilliana Dones and Martin Zilber. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk roposed Coconut Grove building faces new criticism - 09/14/2008 -... http://www.miamiherald.com/news/miami_dade/east/v-print/story/68... MiamiHerald.com Posted on Sun, Sep. 14, 2008 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Proposed Coconut Grove building faces new criticism By DAVID SMILEY For years, the dockmaster and administration office building proposed by Grove Harbour Marina has been called too tall and too large. But now that the project has been downsized, it is facing a new criticism: the three-story building wasn't included in the recently approved Coconut Grove Waterfront Master Plan. Crafted with years of public input by consultant Sasaki Associates, the plan maps out a vision for the future development of Dinner Key. "They're upsetting the whole plan," activist Michael Butler said during Monday's Zoning Board hearing. "The principals of Sasaki did not want a three-story building smack on the waterfront." Grove Harbour has proposed a 21,000-square-foot office and brokerage building about 22 feet from the water. The building would replace portable toilets with bathrooms and provide showers and lockers for Grove Harbour customers, said attorney Santiago Echemendia. Plus, the bottom floor would include about 5,000 square feet of open space and would serve as a public promenade in which residents could stop for lunch or to relax on the water, Echemendia said. "There are a lot of folks clamoring for a place to eat your sandwich or food you bought from The Fresh Market," he said. Echemendia said the building was proposed years ago at 38,000 square feet but has been reduced in size twice after critics said it was too large. The biggest knock against the building has been that it is too close to the water, he said, but only the building's columns would impede on the boardwalk on the ground floor. He also noted that the city has proposed a new three-story Dinner Key dockmaster facility near the water. The Zoning Board voted 5-2 in favor of the project, and Tuesday the city's Waterfront Advisory Board voted unanimously in favor of the project. But before beginning construction, Grove Harbour must first secure the support of the Miami City Commission, where there is already one detractor. Commissioner Marc Sarnoff, who represents the Grove, said Wednesday that there is no need for the facility to be on the water and noted that much of what is proposed in the building would already be covered in a retail and parking garage on South Bayshore Drive proposed in the Sasaki plan. "I thought the idea behind the Sasaki plan was to design the waterfront," Sarnoff said. "If it's not part of Sasaki plan, why isn't it a part of the Sasaki plan?" I2 9/22/2008 2:35 PM •oposed Coconut Grove building faces new criticism - 09/14/2008 -... http://www.mianuherald.com/news/miami_dade/east/v-print/story/68... If 2 The building was left out of the master plan because it was too large and would have obstructed the boardwalk, said Enrique Nunez, the city's chief of urban design. But -now that Grove Harbour has reduced the scope of the building and added public access to the ground floor, Nufiez said the project is no longer a problem. "At this point it does not negatively impact the principals of the overall Waterfront Master Plan," Nunez said. In fact, it enhances the waterfront, said Michelle Niemeyer, a waterfront activist and chairwoman of the Cocoanut Grove Village Council, which will weigh in on the matter Thursday. Niemeyer said Monday she expected to be against the project, but now supports the building because of Grove Harbour's commitment to allow the public to use the ground floor as a promenade. "It's a fantastic compromise, she said. © 2008 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 9/22/2008 2:35 PM rove Harbour Marina's plans for a dockmaster hit setback - 09/21/20... http://www.rniamiherald.com/news/miarni_dade/east/v-print/story/69... MiamiHerald.com Posted on Sim, Sep. 21, 2008 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk Grove Harbour Marina's plans for a dockmaster hit setback By DAVID SMILEY Grove Harbour Marina's plans to build a new dockmaster facility on the waterfront took a hit Sept. 18 when the Cocoanut Grove Village Council voted against the proposed building. Grove Harbour has proposed a three-story 21,000-square-foot dockmaster's and marina brokerage office facility that would provide bathrooms and lockers for an administration currently housed in a 150-square-foot building, attorney Santiago Echemendia said. But the facility needs approval from the Miami City Commission because it would be constructed on a site officially designated as park land and would stand just 22 feet from the water in an area where 50 feet is the minimum. Voting 7-1, with Michelle Niemeyer casting the dissenting vote, council members called the building unnecessary and too large for a waterfront structure. They also noted that the building was not included in the recently approved Coconut Grove Waterfront Master Plan, which maps out a revamped Dinner Key from Peacock to Kennedy parks. "The fact that this is not on that master plan tells me there's something wrong," Councilman Alyn Pruett said. "I don't see how we can approve this building, which is not on the master plan. It doesn't make sense to me." The Village Council also passed a measure requesting that the city have Sasaki Associates, the design consultant behind the waterfront plan, make recommendations on the proposed building. Niemeyer, a supporter of the waterfront master plan, voted for the project because she said Grove Harbour has the right under its lease to build the facility and has come to a good compromise by offering its ground floor as a public promenade. And Echemendia said the building has been in the works for years and has "vested rights." "Our application was in the pipeline before the Sasaki plan," he said. "If you're first in time, you're first in right." Grove Harbour, expected to take its proposal before the Miami City Commission Thursday, already has secured support from city planners, the Zoning Board and the Waterfront Advisory Board. © 2008 Miami Herald Media Company. All Rights Reserved. http://www.miamiherald.com 9/22/2008 1:35 PM I() K41 )RUt:R ('Al.1.95 ib- 04 W f d 0 Vr U e Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 7 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 08-00803 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), ACCEPTING AND APPROVING IN PRINCIPLE, THE COCONUT GROVE WATERFRONT AND SPOIL ISLANDS MASTER PLAN, AS PREPARED BY SASAKI ASSOCIATES, INC., ATTACHED AND INCORPORATED, AS A GUIDING TOOL FOR THE FUTURE DEVELOPMENT OF THE COCONUT GROVE WATERFRONT, CREATING AN IMAGE AND CHARACTER FOR THE DEFINED WATERFRONT AREAS, PUBLIC OPEN SPACES, AND THE CONTINUED VITALITY OF COCONUT GROVE. WHEREAS, pursuant to Resolution No. 04-0742, adopted November 18, 2004, the City Commission accepted the recommendation of the City Manager, approving the finding of the Evaluation Committee pursuant to -the Request for Qualifications No. 03-04-031, that the firm most qualified to provide a Master Plan for the Coconut Grove Waterfront and Spoil Islands ("Master Plan") was Sasaki Associates, Inc. and authorized the City Manager to negotiate a Professional Services Agreement ("Agreement") and present such Agreement to the City Commission for consideration; and WHEREAS, pursuant to Resolution No. 05-0454, adopted July 28, 2005, the City Commission, in accordance with the Evaluation Committee recommendation, authorized the City Manager to execute a negotiated Agreement with the firm of Sasaki Associates, Inc. to provide the Master Plan; and WHEREAS, a comprehensive and collaborative public planning process occurred concluding with a presentation of the draft of the Master Plan by Sasaki Associates to the Planning Advisory Board ("PAB") on July 23, 2007, approved, in principle, with conditions by the PAB; and u s ▪ 3 a c w o .c - - u o c c c - o v u v c E 12 .n o • u v WHEREAS, on July 24, 2007, the Waterfront Advisory Board, deferred approval of the final draft of the Master Plan to a future date to allow for additional meetings with the Coconut Grove Sailing Club, United States Sailing Center, Environmental Permitting Agencies, and to finalize preliminary cost estimates and phasing strategy; and WHEREAS, on July 8, 2008, the Waterfront Advisory Board, recommended approval, in principle, of the final draft of the Master Plan; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Master Plan, as prepared by Sasaki Associates, Inc., attached and incorporated, is accepted and approved, in principle, as a guiding tool for the future development of the Coconut Grove Waterfront and Spoil Islands, creating an image and character for the defined waterfront areas,. public item PZ.9 on 09-25-08 Priscilla A. Thompson City of Miami Page 1 of 2 Printed On: 7/15/2008 File Number. 08-00803 open spaces, and the continued vitality of Coconut Grove. Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} APPROVED AS TO FORM AND CORRECENESSt- JULIE O. BRU CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk City of Miami Page 2 of 2 Printed On: 7/15/2008 " /23/2008 Amanda Quirke - RE: Waterfront Master Plan Page 1 From: To: CC: Date: Subject: "Nunez, Enrique" <ENunez@ci.miami.fl.us> "Amanda Quirke" <aq@tewlaw.com> "Sanchez, Carmen" <CSanchez@ci.miami.fl.us>, "Lavernia, Roberto" <RLaver... 9/23/2008 8:41 AM RE: Waterfront Master Plan Amanda: The structure was not included within the Grove Harbor lease area during the master planning process because the building design and footprint was still being refined at that time. Although the City would not be building new buildings on the lease areas, the City has shown proposed improvements within lease areas such as the proposed new Charthouse restaurant and baywalk with an emphasis on improvements to the public waterfront. Enrique D. Nunez, RLA Chief of Urban Design City of Miami Planning Department (305)416-1419 office (305)416-2156 fax Original Message From: Amanda Quirke [mailto:aq@tewlaw.com] Sent: Monday, September 22, 2008 5:09 PM To: Nunez, Enrique Cc: Sanchez, Carmen; Lavernia, Roberto; Valdes, Madeline Subject: RE: Waterfront Master Plan I understand that any application is still required to comply with all zoning requirements. However, some confusion has arisen as to why the building was not specifically included in the waterfront master plan- I think the reason is because the City did not specifically include structures on the lease areas since the City would not be building new buildings on the lease areas during the lease term. Of course, any application is still required to comply with all zoning and other City requirements, because the City retains permitting authority. Correct? Amanda Quirke Tew Cardenas LLP Four Seasons Tower 1441 Brickell Avenue Suite 1500 Miami, Florida 33131-3407 www.tewlaw.com (305) 536-8216 office (305) 733-2800 mobile (305) 536-1116 fax Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or 232008 Amanda Quirke - RE: Waterfront Master Plan Pa distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by Tew Cardenas LLP to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. »> "Nunez, Enrique" <ENunez@ci.miami.fl.us> 9/22/2008 4:40 PM »> Amanda; Not totally correct. Although the private parties are responsible for new construction within the lease areas, the new construction / structures must comply with zoning requirements, accommodate public access to the waterfront (master plan direction) and comply with specific standards and guidelines in place, such as for the baywalk. Roberto / Madeline: Please refer to the email below and add your thoughts and clarifications. Thanks. Enrique D. Nunez, RLA Chief of Urban Design City of Miami Planning Department (305)416-1419 office (305)416-2156 fax Original Message From: Amanda Quirke [mailto:aq@tewlaw.com] Sent: Monday, September 22, 2008 4:21 PM To: Nunez, Enrique Subject: Waterfront Master Plan Enrique, Thank you for your time today- I looked at the waterfront master plan and noted that with the exception of the continuous baywalk, there are no new structures specifically included for areas under long term lease, since the purpose was to master plan the public areas of the waterfront. To clarify- this does not prohibit new structures on the long term lease areas, but the plan doesn't specifically include new structures on the lease areas because the private parties, and not the City, are responsible for any new construction within the lease areas. Correct? Amanda Quirke Tew Cardenas LLP Four Seasons Tower 1441 Brickell Avenue Suite 1500 Miami, Florida 33131-3407 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 9/23/2008) Amanda Quirke - RE: Waterfront Master Pl an Page 3 www.tewlaw.com (305) 536-8216 office (305) 733-2800 mobile (305) 536-1116 fax *********************************************** This electronic mail message contains CONFIDENTIAL information which is (a) ATTORNEY - CLIENT PRIVILEGED COMMUNICATION, WORK PRODUCT, PROPRIETARY IN NATURE, OR OTHERWISE PROTECTED BY LAW FROM DISCLOSURE, and (b) intended only for the use of the Addressee(s) named herein. If you are not an Addressee, or the person responsible for delivering this to an Addressee, you are hereby notified that reading, copying, or distributing this message is prohibited. If you have received this electronic mail message in error, please reply to the sender and take the steps necessary to delete the message completely from your computer system. IRS CIRCULAR 230 DISCLOSURE: Unless expressly stated otherwise, any U.S. federal tax advice contained in this e-mail, including attachments, is not intended or written by Tew Cardenas LLP to be used, and any such tax advice cannot be used, for the purpose of avoiding penalties that may be imposed by the Internal Revenue Service. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 10 RE( WHEN ('A1.1.954.84 9399 Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk 8 City of Miami File Summary Report City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File ID: 06-02237 Introduced: 12/8/06 Type: Resolution Status: Passed Final Action: 2/22/07 Controlling Body: City Attorney Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk City of Miami Page 1 Printed on 9./24/2008 City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 06-02237 Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. WHEREAS, on December 5, 2006, N. Patrick Range, II, Esquire, on behalf of Brickell Bay Tower, Ltd., Inc. (referred to as "APPLICANT"), submitted a request for a modification to the Waterfront Charter requirement set forth in Section 3(mm)(ii)(A) of the Charter of the City of Miami, Florida, as amended (the "Charter") to permit a 20-foot setback along the waterfront (rear) yard and side yards equal to eighteen (18) feet on the north side and thirty-six (36) feet on the south side for the 1001 Brickell Bay Tower project (referred to as "PROJECT"), to be located at approximately 1001 Brickell Bay Drive A.K.A. 1001 South Bayshore Drive, Miami, Florida, as legally described in "Exhibit A", attached hereto and made a part thereof; and WHEREAS, said Charter modification requires City Commission approval; and WHEREAS, the City Commission deems it advisable and in the best interest of the general welfare of the City of Miami to approve the requested waterfront Charter modification as hereinafter set forth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission (a) hereby finds that the Project complies with the criteria for modification of the Waterfront Charter provisions as specified in Section 3 (mm)(ii)(A) of the Charter, which establishes a 50-foot setback requirement for all projects along the Miami River, east of Northwest 5th Street, and (b) hereby approves a modification to said Charter provision to permit a 20-foot setback along the waterfront (rear) yard and side yards equal to eighteen (18) feet on the north side and thirty-six (36) feet on the south side for the Project, to be located at approximately 1001 Brickell Bay Drive A.K.A. 1001 South Bayshore Drive, Miami, Florida, as legally described in "Exhibit A", attached hereto and made a part thereof. Section 3. This Resolution shall become effective immediately upon its adoption and signature of City of Miami Page I of 2 Printed On: 2/I/2007 File Number: 06-02237 the Mayor. (1) APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk City of Miami Page 2 of 2 Printed On: 2/1/2007 City Commission Meeting Minutes February 22, 2007 from two to five minutes, according to the agenda for the day. Anyone making a presentation may ask questions of any of the presenters. All questions must be addressed through the Chair, and they will be answered also through the Chair. After the public input, either the appellant or the petitioner will be permitted to make final comments. That's what's called rebuttal. There is no counter -rebuttal or there is no other opportunity for anyone else to speak after the appellant or the petitioner complete their presentation. At that point, the Chair will close the public input portion of the public hearing, bring the item to the Commission, and the Commission itself would deliberate. The Commission may choose to ask questions of any of the presenters to elucidate on the debate. After that, the Commission proceeds to take a vote on the item. That is, in short, the protocol or the process that this Commission typically follows in hearing P&Z items. Mr. Chairman, you announced this morning that the following items will be continued to the March meeting. Those are items PZ.9 and 10, 14 and 15 and 16. Thank you -- Chairman Gonzalez: That is correct. Mr. Fernandez: -- Mr. Chairman. Chairman Gonzalez: Thank you, Mr. City Attorney. Madam City Clerk will you swear the witness, please? Pamela E. Burns (Assistant City Clerk): For those of you who plan to provide testimony this afternoon, would you please stand and raise your right hand, please? The Assistant City Clerk administered oath required under City Code Section 62-1 to those persons giving testimony on zoning issues. Ms. Burns: OK. Please be seated. Thank you. PZ.1 06-02237 RESOLUTION v+' 137, 0 3 -O 0 rr 3 NJ is O 0 UD co 3 to n 0 3- LT F A RESOLUTION OF THE NIIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING FINDINGS AND APPROVING A WATERFRONT CHARTER REQUIREMENT AS SET FORTH IN SECTION 3(mm)(ii)(A) OF THE CHARTER OF THE CITY OF MIAMI, AS AMENDED, WHICH ESTABLISHES A 50-FOOT SETBACK REQUIREMENT FOR ALL PROJECTS ALONG THE MIAMI RIVER, EAST OF NORTHWEST 5TH STREET, TO PERMIT A 20-FOOT SETBACK ALONG THE WATERFRONT (REAR) YARD AND SIDE YARDS EQUAL TO EIGHTEEN (18) FEET ON THE NORTH SIDE AND THIRTY-SIX (36) FEET ON THE SOUTH SIDE FOR THE 1001 BRICKELL BAY TOWER PROJECT, TO BE LOCATED AT APPROXIMATELY 1001 BRICKELL BAY DRIVE A.K.A. 1001 SOUTH BAYSHORE DRIVE, MIAMI, FLORIDA. 06-02237 Zoning Map.pdf 06-02237 Aerial Map.pdf 06-02237 Letter of Intent with Supporting Docs.pdf 06-02237 UDRB Reso.pdf 06-02237 Plans.pdf 06-02237 Legislation (Version 1).pdf 06-02237 Exhibit A.pdf 06-02237 Fact Sheet 01-25-07.pdf 06-02237 Fact Sheet 02-22-07.pdf Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk LOCATION: Approximately 1001 Brickell Bay Drive A.K.A. 1001 S Bayshore Cio of Miami Page 56 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 —i o n m o Drive [Commissioner Marc Sarnoff - District 2] APPLICANT(S): N. Patrick Range, II, Esquire, on behalf of Brickell Bay Tower, Ltd., Inc. FINDINGS: PLANNING DEPARTMENT: Recommended denial. PURPOSE: This will allow fewer setbacks than required for the 1001 Brickell Bay Tower project. Motion by Commissioner Sarnoff, seconded by Commissioner Regalado, that this matter be ADOPTED WITH MODIFICATIONS PASSED by the following vote. Votes: Ayes: 5 - Commissioner Gonzalez, Sarnoff, Sanchez, Regalado and Spence -Jones R-07-0106 Chairman Gonzalez: All right. The first item is PZ I. Jorge L. Fernandez (City Attorney): Yes. Staff will present. Chairman Gonzalez: Mr. Lavernia, good afternoon, sir. Roberto Lavernia (Chief of Land Development): Good afternoon For the record, Roberto Lavernia, with the Planning Department. Item PZ I is the request to waive the requirement of 50 foot setback from the City Charter for the building on 1001 Brickell Bay Drive. There's an existing office building known as E-O-N building. They are requesting to waive the setback in order to have a residential component in an existing office building. Planning Department originally recommend denial of the application. After working with the applicant and accepting what they proffer, which is open the bay walk to the public and providing a new visual from the water to the building, with a residential component, we change our -- we're recommending approval of the request. Thank you. Chairman Gonzalez: Thank you. Good afternoon, Lucia. Lucia Dougherty: Good afternoon, Mr. Chairman -- Chairman Gonzalez: How are you? Ms. Dougherty: -- members of the board. Lucia Dougherty, with offices at 1221 Brickell Avenue. I'm here today on behalf of the owner and the applicant, and with me today is Mauricio Cavalieri, as well as Julio Diaz and his colleagues, the architect with Fullerton and Diaz. As the staffjust mentioned, this is an existing office building, which has an open garage facing the bay, which is not open to the public at this time. In other words, there is a walkway in front of the building that is terraced with private terraces, and it is not open to the public, and because it is a property that is -- has a huge inlet, vis-a-vis, the property to the north, which is the Four Ambassadors and the property to the south, which is the Yacht Club, and it -- because it goes in and it's an inlet, there is all kinds of garbage and debris that floats into the bay and gels caught in there. They -- the building manager is here today, and he could testify that he has found furniture, goats -- dead goats, get dead animals of every kind, and they collect into that inlet. Also, this morning there was the general counsel of Barton G. who lives in the Yacht Club immediately adjacent to this site, and she was watching it on TV (television), the application last month, and was watching it on TV and she said this is something I have to come down and support, and she was here this morning all day, but she -- because Barton G. is out of town; she City of Miami Page 57 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 80-SZ-60 uo has to run the office, and she could -- I hope she comes back, but if she's not here, she was here all this morning in support of this application, because when she goes out at night, there is no place to go, and not only that, it is a very dangerous condition. The manager is here; can tell you that, in the past, he has been attacked by people around -- who are hanging around; vandalism at night. This would bring eyes, security, and an aesthetic to the building that isn't there before. We believe that it would be safer for future residents and it'll be safer for the current ones that live next door. Staff is now recommending approval, as you've heard, because we have decided to not put units on the ground f oor, but instead, to have retail and restaurants on the ground floor, which would make the public want to come to this area, which again, would make it a safer condition. With that, I'd like Julio to -- Julio Diaz to come forward and testify as to the exact architecture of the project. Julio Diaz: Mr. Chairman, Commissioners, my name is Julio Diaz. I'm an architect with Fullerton Diaz, with offices at 366 Altara Avenue, in Coral Gables. I'll be brief and I'll concentrate my comments on the relationship between the bay walk and the proposed addition to the building. The -- this is a unique site, because of the fact that it was never filled, so there's an indentation on the site that makes this site very difficult to develop. In addition to that, the bay walk ends at the north part of the property, so it be -- there's a dead-end condition there, and in addition to that, the building that we have there now is an office building with a parking garage on the first ten floors, which, at night and on weekends, is completely empty, and it doesn't provide any safety or any views of the people walking on the bay walk so you have a condition where there's no light, there are no people walking around, and there's no place to get to once you get to the end of the bay walk. The addition to what we're proposing is going to rectify some of those problems, I think. First of all, it would provide a liner, which you have light and people, people sitting on the balconies, people looking out the windows, people walking in and around the building, and I think that would help in this situation in terms of the safety, and in addition to that, the first floor would not have any units, so the full width, the full 50 feet of the first f oor will be part of the bay walk, and in addition to that, we're proposing to put a restaurant, a restaurant that would attract people and that would create an amenity that would make people want to go to the end of the bay walk which, today, that doesn't exist. We also hope that that would entice the neighbors to the north to open their bay walk so that the bay walk will be a full complete bay walk from our area all the way to downtown Miami, and I think that, in my opinion, this is an improvement over what is there now. I think that it's in a much better condition and one that'll be more conducive to people using the bay walk and if you have any questions, I'll be happy to answer them for you. Ms. Dougherty: I have a question. Has -- is this taking away any public space that already exists? Mr. Diaz: No. The public space will be the same. The 50 feet will be maintain, and it's a different condition, and the reason that it is a different condition is because this is a very unique site. Some people have said that maybe it would create the precedent. I can't see how it would create a precedent because this is a unique site; that there's no other one like it, and I think it's needed. A different solution is needed for this particular place. Vice Chairman Sanchez: So -- I have a question, so the 50 feet maintains open to the public? Mr. Diaz: Yes. It would be completely open to the public. There will be a plaza. There will be a place where people can sit and read a book or read a magazine or newspaper. There will be a restaurant there that will be covered; will be a public space, so that full 50 feet will maintain open to the public. Vice Chairman Sanchez: So the restriction is only the 20 feet for the bay walk, right? So you have the 20 feet bay walk, and then you have the additional 30 feet -- City of Miami Page 58 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Diaz: Right. Vice Chairman Sanchez: -- which is still open to the public. Mr. Diaz: Exactly. Ms. Dougherty: I wanted to also mention that, currently, the requirement for open space is only ten percent, and we're providing actually -- or 10,000 square feet, and we're providing actually 29,000 square feet, so we actually have more open space than is required, even with these units. Mr. Diaz: I would like to mention also that in the City of Miami now, that building could not be designed or permitted the way it is because it doesn't have a liner. A liner is always required to cover the garage. It's a shame that what we have now is parking spaces looking at the water, where there should be people and units looking at the water, and also the fact that you're providing eyes on the street; in this case, eyes on the bay walk Chairman Gonzalez: All right. That concludes your presentation? Ms. Dougherty: It is -- it does. Chairman Gonzalez: All right. This is a public hearing. Anyone from the public that wants to address the Commission in reference to this item, please come forward. Judith Sandoval: Judy Sandoval, 2536 Southwest 251h Terrace. I think that this is vety good, the improvements that have been made, and I only have one question, which I really -- 1 mean, to ask Lucia, and then I wish to offer -- suggest that perhaps a covenant could be offered. Is the bay walk, itself, 20 feet wide? Ms. Dougherty: I'm going to ask Daisy or Julio to answer exactly what the dimensions are. Mr. Diaz: The distance between the seawall and the building is 50 feet. There's 20 feet that is open to the sky. There is 30 feet that is underneath the building. The people that -- the general public can use all 50 feet. Ms. Sandoval: And can they like walk along, side -by -side, maybe with a kid on a tricycle in 20 feet? That would be sufficient, correct? Mr. Diaz: Yeah. Twenty feet is the width of a parking space, so a little bit more than the width of a parking space, so you could do that. Ms. Sandoval: Yeah. Well, that's very good, and all the bay walk should be that wide and many aren't, and I know Commissioner Sanchez is particularly interested in the bay walks, and that every building that comes up here and is going to have one, I think it should be at least 20 feet. 1 wish to suggest that, perhaps, a covenant would be nice on this, so that the homeowners association or the co-op board or the condo board could never close off the ends of the bay walk to the public. Ms. Dougherty: That's not a problem. Vice Chairman Sanchez: We don't need a covenant for that. They'll never do that. Ms. Dougherty: We would agree to that. Ms. Sandoval: Thank you. City of Miami Page 59 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Chairman Gonzalez: Thank you. Anyone else from the public that wants to speak on this item? Seeing none, hearing none, the public hearing is closed; comes back to the Commission. Commissioner Sarnoff Mr. Chairman, let me make a motion for purposes of discussion — Chairman Gonzalez: Go ahead. Commissioner Sarnoff -- to approve it. Commissioner Regalado: Second. Commissioner Sarnoff OK. Chairman Gonzalez: We have a motion, and we have a second. Discussion. You're recognized. Commissioner Sarnoff I met with Karen Atkinson, who lives at 1111 Brickell Bay Drive, when she was here this morning, and I think there are others who could -- we all know this particular venue pretty well. Apparently, this is nothing more than an inlet that collects garbage, and in the summer becomes problematic, as you can imagine. With the heat of the sun and allowing it to cook out there, it becomes a pretty smelly, ugly place. 1 think what we have here is an opportunity. I think what we have here is an opportunity to close that inlet and create a park, and I think that's what we should have -- what I'm going to suggest is an approval with conditions, and the condition being that they create a park right there. I could give you -- Ms. Dougherty: Let me -- Commissioner Sarnoff -- the conditions. Ms. Dougherty: -- can I respond to that? Commissioner Sarnoff Sure. Ms. Dougherty: This is something that we looked at when we first looked at the project. We thought it would be a great idea to close in that inlet, not just for -- not just because it would be a public park, but because it would be beneficial to us, as well, to have that be flush, and then we wouldn't have to clean it all the time, and that's one of the things that the client has also agreed to do, to clean the inlet in the event that it doesn't get filled, but we looked at that issue, and we went and visited our environmental lawyers, and they said that this is -- do you own the property? And the answer is no, we don't own the submerged lands. The State of Florida owns the submerged lands, so you would have to -- Vice Chairman Sanchez: Part of the covenant. Ms. Dougherty: -- get a submerged -- Commissioner Sarnoff Right. Ms. Dougherty: -- land filled -- you'd have to ask the -- Vice Chairman Sanchez: The Cabinet. Ms. Dougherty: -- the Governor and Cabinet to -- Commissioner Sarnoff Right. Submitted into the public record in connection with item PZ.9 on 09-25-08 Priscilla A. Thompson City Clerk City of Miami Page 60 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 .1 (Z' C n ▪ O -.. - n IN 3 fp ✓ o o a D 3 3 3 3 • O < 0 N 5. 3 tr. B ° 3 ° m -° o c - c 00 5 a- 3 3 n Ms. Dougherty: -- give you the property to either sell it or -- Vice Chairman Sanchez: The bay bottom rights. Ms. Dougherty: -- grant it to the City. Vice Chairman Sanchez: The bay bottom rights. Ms. Dougherty: I mean, not to the City, but to the owner, and I told the owner there's no way that that's happening for you because the standards are much too high. You have to have clearly in a public interest and a hardship, a very, very extreme hardship. That's the two conditions, so they would never be able to do it, but if you, the City, were to go and apply, I -- it wouldn't be out of the question, in my mind, that the state of Florida would grant this to you because it is an unsafe condition the way it is now, and it would be in the public interest if you get a park, so if -- Commissioner Sarnoff Let me -- Ms. Dougherty: -- the City were to do that, 1 don't think there would be any problem with doing that. If we were to try to do it, I don't think that would occur. Commissioner Sarnoff -- see if you would agree to this. If we direct the City Attorney to immediately apply to transfer or sell or acquire the underground, I guess, the submerged land rights and apply to have it closed in, have Ms. Dougherty's client pay for the fill-in and make it into a passive park, subject to the approval of this Commission, at the property owner's expense, provide public access by all -- by the means we've described, keep the park open 24 hours a day, let them pay for maintenance and security there, and this will all occur immediately, and in the event the Governor were to say no -- and I don't know why he would, but in the event he would not, then the monies that it would have cost you to put this park in here, that your client be willing to donate to another park in and around District 2. Ms. Dougherty: Let me just find out from the client if that's acceptable. Mr. Fernandez: And while she's finding out, what Commissioner Sarnoff is suggesting is something that the City has done before, and typically, it is well received by the Governor and Cabinet -- Vice Chairman Sanchez: Look -- Mr. Fernandez: -- as long as the City is a co -applicant, or it would be used certainly for a public purpose. As he has stated, it's intended to be a park for public use -- Commissioner Sarnoff. Correct. Mr. Fernandez: -- and it depends now whether the applicant is willing then to transfer, as it were, the amenities and the costs and all of that to this portion. Vice Chairman Sanchez: Well, the process is much, much easier when the City is the applicant, when you go to the Cabinet at the State to require to get the bay bottom, so that's -- I think that's the avenue that we should take. Commissioner Sarnoff. 1 agree. Ms. Dougherty: I think it would be fantastic, and my client would agree to pay -- ifyou all were able to get the Governor and Cabinet to allow us to fill it, we would fill it and maintain it and clean it -- or fill it, bulkhead it, and do whatever's necessary to create a park there. City of Miami Page 6/ Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Sarnoff The creation of a passive park -- Ms. Dougherty: That's correct. Commissioner Sarnoff -- the costs, the maintenance -- Commissioner Spence -Jones: Security. Commissioner Sarnoff -- and the security, correct. Ms. Dougherty: We would do that. Now -- Commissioner Sarnoff Failing in same -- Ms. Dougherty: No. Wait a minute. Just a second here. Commissioner Sarnoff Go ahead. Ms. Dougherty: This -- the -- because we looked at this issue before -- Commissioner Sarnoff Right. Ms. Dougherty: -- we know that this was going to cost us about $700, 000 to do this, but it's a big benefit to us as well. Vice Chairman Sanchez: I was just going to say that. Ms. Dougherty: This is a huge benefit to us to do this, which is why he would agree to do this, but to give money elsewhere, we're happy to do that, but I don't think it should be at the same amount, because it wouldn't be a benefit to us. Commissioner Sarnoff It should be a lot more, right? Ms. Dougherty: No, less. Commissioner Sarnoff: Really? Ms. Dougherty: That's what we think. in ,▪ CD, Vice Chairman Sanchez: But -- look, I think this is a great idea. It's about looking at all our a3 options. It's about thinking outside the box, and when we're able to interact and come to a 7 iN . rt mutual agreement as to not only we're going to better make your project a better project, but C. im ,3, 0- we're going to make the bay walk and add a park through the bay walk. a o o — D 3 3 rt o rD 0 Ms. Dougherty: No. It would be -- o N • '+ S 3 III c 3 Vice Chairman Sanchez: -- people could sit there -- H co a 0 3 T n Ms. Dougherty: -- a fabulous project. Vice Chairman Sanchez: -- and have a cup of coffee and read the paper now -- Ms. Dougherty: No question. City of Miami Page 62 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 80-SZ-60 uo 6'Zd wali Vice Chairman Sanchez: -- and really enjoy our bay. 1 mean, this is a win -win situation for us. Ms. Dougherty: It is. Vice Chairman Sanchez: 1 agree in partnering up to make this happen, so if that's your motion, Commission [sic], I -- I believe there's a second already by -- Commissioner Sanf.There is, but -- Ms. Dougherty: Can I -- Vice Chairman Sanchez: -- Commissioner Regalado. Ms. Dougherty: -- just make one addition, though, and one observation? At the time al which we CO (Certificate of Occupancy) the building and start closing units, that's when we have the money to give to the park or to start filling it, so that's when I would like this condition to be operable, al the time that we get a CO, and hopefully, by then we could be doing our building at the same time as we're doing your park, but that's what we would like. Commissioner Sanf.Al this -- Vice Chairman Sanchez: But I think it's prudent that the City, you start the process as quickly as possible, so -- Ms. Dougherty: Oh, abs -- Vice Chairman Sanchez: -- therefore -- Ms. Dougherty: -- no. You're going to start the process. Vice Chairman Sanchez: Exactly. Ms. Dougherty: Right, exactly. Vice Chairman Sanchez: All right. Ms. Dougherty: I totally agree -- Vice Chairman Sanchez: Because -- 1 mean -- Ms. Dougherty: -- but our condition -- Vice Chairman Sanchez: -- when your project gets finished -- Ms. Dougherty: -- to either -- Vice Chairman Sanchez: -- that park should be finished. Ms. Dougherty: -- to give you the money for a separate park or build this one would come at the time of CO. In other words, you hold our CO; we don't get to close, if we don't pay the money. Vice Chairman Sanchez: Well, I'm more inclined to building this one because it'll add greenage [sic] area to -- Ms. Dougherty: We (UNINTELLIGIBLE) -- City of Miami Page 63 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 CD n 0 o B. In • - a r-$ n. j fD o o °- 3 o G 0 N 55' S rD r1 3 N7 0 0 �, cr - • S n Vice Chairman Sanchez: -- our parkland -- Ms. Dougherty: We agree. Vice Chairman Sanchez: -- to our City -- Ms. Dougherty: This is a -- Vice Chairman Sanchez: -- but if that's not the option, then, of course -- Ms. Dougherty.: We agree with that. Vice Chairman Sanchez: All right. Ms. Dougherty: That would be the best thing. Commissioner Sarnoff: But you're saying at CO, which means you would have already constructed the building. Ms. Dougherty: That's correct. Commissioner Sarnoff. I'm a little lost on that. Why would you leave -- why would you not have the requirement to have built the park? Ms. Dougherty: We have the requirement now -- Commissioner Sarnoff Right. Ms. Dougherty: -- because you're not going to give us the CO unless we either build a park or -- Commissioner Sarnoff Conditioned upon the -- Ms. Dougherty: Correct. Commissioner Sarnoff -- issuance of a CO. I see. Ms. Dougherty: Right. Vice Chairman Sanchez: That's -- Mr. Fernandez: Yes. Vice Chairman Sanchez: -- our chip. Commissioner Sarnoff I got you. I'm -- Vice Chairman Sanchez: That's our ace in the pocket -- Commissioner Sarnoff. -- slow, but I -- you know -- Vice Chairman Sanchez: -- the CO. Commissioner Sarnoff -- the train eventually comes to the station. City of Miami Page 64 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Mr. Fernandez: And Ms. Dougherty is not leaving Miami in the near future. Ms. Dougherty: And it's not -- Commissioner Sarnoff Have you seen her -- Ms. Dougherty: -- coming out of my pocketbook. Commissioner Sarnoff -- place in Aspen? Mr. Fernandez: Well -- but she's not leaving -- Commissioner Sarnoff OK. Mr. Fernandez: -- Miami any time soon. Ms. Dougherty: I guarantee you, you haven't seen my place in Aspen. Commissioner Regalado: Mr. Chairman, if 1 may. Just a -- Ms. Dougherty: He -- my client asking, he can do the work at the same time he's doing his project, if you have the approvals -- Commissioner Sarnoff Correct. Ms. Dougherty: -- and that's correct. This is only -- the CO issue comes in the -- Commissioner Sarnoff Correct. Ms. Dougherty: -- event that -- OK -- we don't -- Commissioner Sarnoff It's a carrot stick. Ms. Dougherty.. -- get the -- Commissioner Sarnoff Correct. Vice Chairman Sanchez: That's great. N rr Commissioner Sarnoff. Carrot stick rD n C • I. a 3 Commissioner Regalado: One thing is for sure. I remember that every year, in the last two or n N —. (D ( three years, in the Brickell Key channel -- _. 1p n 0- D 3 3 rt Ms. Dougherty.. Oh, yeah. rr m- - lO rn* T .<• 0 N (D Commissioner Regalado: -- there is the dragon boat race. r 3 u' 3 v 3 cohc rF 7- 3 Ms. Dougherty: Correct. T n Commissioner Regalado: Before the race, the organizer have either to come to the City or pay for themself to clean all the debris around that building because it's part of the -- of their throughway, and that area, it really accumulates a lot of debris because it comes -- Ms. Dougherty: Yes, it's true. City of Miami Page 65 Printed on 3/16/2007 City Commission Meeting Minutes February 22, 2007 Commissioner Regalado: -- from the bay, but the question is who owns -- Ms. Dougherty: The State of Florida. Commissioner Regalado: OK, so whose responsibility is to clean the shoreline? Not only that, but would it be South Florida Water Management or the Marine Patrol? Ms. Dougherty: It's -- you know, I don't know the answer to that question. 1 don't know whose responsibility it is. Vice Chairman Sanchez: Nobody. Commissioner Sarnoff Right. Commissioner Regalado: But -- yeah, and I fully support. 1 think it's a great idea, this, but I'm just saying that we have that issue there because of the inlet, but we do have some -- we -- I remember that last year, they had a huge problem in front of the church, you know, in Brickell -- Ms. Dougherty: Yes. Commissioner Regalado: -- because they have like a boat had sunk back during Wilma, and it wasn't -- not an eyesore, but it was a safety hazard for everyone, so just in case, we need to advise the State that we have this issue of that channel that is really important, so -- Ms. Dougherty: Mr. -- Commissioner, can I try a potential condition on you? Commissioner Sarnoff Sure. 1 was going to come up with one, too, but -- Ms. Dougherty: OK, fine. Commissioner Sarnoff I was just going to suggest that the number you should have to pay in the event we're unsuccessful would be $800, 000, because 1 hear, just through a birdie, that you have very good lobbyists at Greenberg Traurig and that that would probably cover the costs in the event -- it's sort of like the extra carrot and the extra stick to make sure the park happen. 1 don't want to see us get the money. I want to see the park happen. co, to c 3 o rT N N a.3 n "• 7 nt O O _. D 3 5 O O N ~ _ O (-13 3 0 eiT 0 a' nMs. Dougherty: In the event that the City is granted permission to fill the sovereignty submerged lands by the time that the CO is issued for the property, the developer will bulkhead, fill, and landscape the property as a public park. 1f, by the time the CO is issued, the City has not been granted permission, the developer shall donate to the City to be spent on a park in District 2. Ms. Dougherty: We do, too. That's what my client is saying. Commissioner Sarnoff. See, I like your client. It's the lawyer that's tough. Ms. Dougherty: All right. Should I -- can I read a -- Commissioner Sarnoff Absolutely. Ms. Dougherty: -- potential --? Commissioner Sarnoff You're in much -- Commissioner Sarnoff How much? City of Miami Page 66 Printed on 3/16/2007 PZ.2 05-01524mm City Commission Meeting Minutes February 22, 2007 Vice Chairman Sanchez: Yeah. You heard the "ugh." Commissioner Sarnoff Did it -- Vice Chairman Sanchez: That was intentionally [sic]. Commissioner Sarnoff.• -- just go up $50, 000 with that "ugh?" Ms. Dougherty: Eight hundred. Commissioner Sarnoff: Oh, OK. Mr. Fernandez: That is thousand. Commissioner Sarnoff That is thousand. l agree with the -- Ms. Dougherty: That is thousand. Commissioner Sarnoff. -- City Attorney over there. Vice Chairman Sanchez: Boy, you attorneys don't trust anybody. Chairman Gonzalez: All right. Any -- Commissioner Sarnoff Call the question. Chairman Gonzalez: -- further discussion on the item? Vice Chairman Sanchez: As amended. Commissioner Sarnoff As amended, yeah. n Q Chairman Gonzalez: All right. We have a motion, and we have a second, as amended. All in 3 favor, say "aye." a. rD c O. The Commission (Collectively): Aye. o Chairman Gonzalez: All opposed have the same right. Motion carries. N ' S yi O 3 150 Ms. Dougherty. Thank you very much. co T FCommissioner Sarnoff Thank you. Chairman Gonzalez: PZ.2. Vice Chairman Sanchez: You drive a hard bargain, Commissioner. Commissioner Sarnoff. That's your bonus for this year. RESOLUTION A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING WITH CONDITIONS, A SUBSTANTIAL MODIFICATION TO A PREVIOUSLY APPROVED MAJOR USE SPECIAL City of Miami Page 67 Printed on 3/16/2007