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Home My WebLink AboutSubmittal-Sam Dubbin- Letter to CommissionersDUBBIN KRAVETZ March 28, 2019 Hon. Mayor Francis Suarez Hon. Chairman Ken Russell Hon. Willy Gort, District One Hon. Joe Carollo, District Three Hon. Manolo Reyes, District Four Hon. Keon Hardemon, District Five Hon. Emilio Gonzalez, City Manager Hon. Victoria Mendez, City Attorney Hon. Todd B. Hannon, City Clerk SAMUEL J. DUBBIN, P.A. DIRECT (305) 357-9004 sdubbin @dubbinkravetz.com Submitted into the public record f9r itejn(s) YZ. on �I1,'L / Iq City Clerk Subject: Proposed Ordinance to Allow Amusement Rides in Civic Space (CS) Transect Zones. Dear All: This firm represents the Downtown Neighbors Alliance, Inc. ("DNA"), which opposes the currently proposed Ordinance to allow amusement rides in Civic Space (CS) Transect Zones, Item No. PZ.13; #5119, currently scheduled for second reading at the City Commission's March 28, 2019 meeting. Unfortunately, the City staff has refused to engage directly with my clients, the residents and taxpayers most affected by the proposal, and with me as their attorney. The changes made from the previous proposal that was deferred on February 28 addressed some concerns raised by residents of different parts of the City, but not residents of Downtown Miami. The proposal should be defeated, or, at a minimum, the item should be deferred again at least one month. DNA Represents Most Affected Residents. The DNA is comprised of residential buildings adjacent to or across from Bayfront Park, Maurice A. Ferre Park, and the American Airlines Arena. With the recent amendments "limiting" the amusement rides to the "Urban Central Business District (UCBD) as defined in the Miami Comprehensive Neighborhood Plan. Exhibit 1. The DNA represents the residents that stand to be most heavily and negatively affected by the proposed ordinance. The changes to the proposed ordinance since February 28 do not change the fact that the process followed by City staff was and remains deeply flawed, and excluded and/or misrepresented their input. Yet, as noted previously, the PZAB voted 4-5 vote against recommending the measure, indicating the majority of its members had concerns about this proposal even in the face of the arguments advanced by the proponents when there was no one in attendance opposing the proposal. As we noted previously, this measure will face a difficult legal future if it passes in its current form. So, we again urge this Commission to insist that the City staff, including all officials involved with the analysis and structure of the proposal, meet with and seriously confer with the affected members of the community to review the measure in depth. All of the 51 W`\ - S\ rn\\\ \ - So.vA p \)\3'1 n - Lem Qtomv;\ ss, 0A et 1200ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 TELEPHONE (305) 371-4700 • FAX (305) 371-4701 Submitted into the public record fgr� i`t�erp'sa Q 2. N'L on �� jj ��I City Clerk ramifications of various approaches must be addressed. Any other approach would undermine the rights of my clients and other residents of the City, and is adverse to the public interest. Full Extent and Nature of Potential of Amusement Rides Wasn't Disclosed. Despite the potentialIy far-reaching negative impact of this measure on my clients and their residents, the proposed ordinance was not fully vetted with them, and the communications that did occur were exaggerated to give the impression of support where it was not justified. Moreover, while presented to the PZAB as a narrow ordinance whose purpose is to enable a small-scale Ferris Wheel in Bayside Marketplace, the ordinance would in fact allow amusement rides in Bayfront Park, Maurice A. Ferre Park, and at the American Airlines Arena. "Amusement Ride" is defined as: Article 1, Section 1.1, "DEFINITIONS OF BUILDING FUNCTION: USES (Article 4, Table 3)" (e) CIVIC Amusement Ride: Any permanent motorized or non -motorized mechanical device which carries or conveys customers around, over, or along a fixed or restricted route or course or within a defined, on -site area for the purpose of providing enjoyment or entertainment to customers." So, the Ordinance published with today's agenda would allow, for example, roller coasters in Bayfront Park, Maurice A. Ferre Park, and at the American Airlines arena property. DNA Support Was Misrepresented to the PZAB. The potential result of the flawed measure would be a change in the City's zoning code that would cause far-reaching harm, which was not even discussed with most potentially affected residents, and whose support among one neighborhood was misrepresented. For example, the measure's advocates who presented the proposed ordinance at the PZAB, were specifically asked by board member Andres Althabe whether the Downtown Neighbors Alliance had been consulted, and answered "yes," and cited a letter from the DNA in support of ``it." 1 am ... Pamela Weller, Bayside Marketplace, Biscayne Boulevard. 1 have been working with the DNA and they are a proponent of it and they also sent a letter to Commissioner Russell from our meeting... . December 19, 2018 PZAB Transcript, at 9:34 PM. Mr. Althabe followed up by asking: "So the letter is supporting? From DNA?" and Ms. Weller stated: "Yes, yes. We've had no opposition in community outreach or talking to commissioners or staff." However, as the Commission can see here, the DNA did not approve the proposed ordinance, with its far-reaching potential harm, but only agreed to support, in concept, a small- scale Ferris Wheel, subject to reviewing final plans. The referenced "letter" from DNA 2 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the publ'c record for iterp(s) VZ.. fit, on 3%Z� /i� . City Clerk President Amal Kabbani was an email to Commissioner Russell, dated November 13, 2018, attached as Exhibit 2, which states: Dear Commissioner Russell: Thank you for giving the DNA the opportunity to weigh in on the matter of the SkyWheel project at Bayside Marketplace. Mrs. Pamela Weller presented her initial concept and from what we saw and heard during that conceptual presentation we are not opposed to the idea only would kindly ask to stay involved as this concept turns to plans so that we can review the documentations once ready to be presented at a future City Commission hearing and produce our formal position letter accordingly. Yours truly Amal Solh Kabbani President, DNA As is clear, the DNA only agreed to a preliminary concept for a Ferris Wheel in Bayside Marketplace. It most definitely did not support an ordinance allowing a roller coaster in Bayfront Park, much less one in Watson Island, Virginia Key, or Coconut Grove. When pressed again specifically by PZAB Member Althabe about whether the DNA had approved "the definition of amusement ride," the proposal's advocate avoided the question: We had a major outreach with the community, and the city. We haven't had any negative feedback at all. This is not an obtrusive -type structure. It is see - through it has no flashing lights. It makes no noise at all. We have had a lot of support for it." December 19, 2018 PZAB Transcript, at 9:45 PM. Conclusion. The DNA respectfully requests the measure be defeated, or at a minimum, the Commission defer for one more month so the concerns of the most seriously affected residents may be fully addressed. i�w}JcL iiuiiy, 5aua 141\ Samuel J. D bbin, P.A. 3 DUBBIN & KRAVETZ, LLP 1200 ANASTASIA AVENUE • SUITE 300 • CORAL GABLES, FLORIDA 33134 • TELEPHONE (305) 371-4700 Submitted into the pub 'c record fgr iterp(s) l` 7 on 3 / L' / 1 i City Clerk EXHIBIT 1 City of Miami Urban Central Business District 2020 Future Land Use Map February 2010 NW 8TH ST NW 7TH ST NW 20TH T!R NE 20 TER F o NE 20TH ST NW 14TH ST NW 5TH ST > NW 4TH ST NW 3RD ST ��''� ' NW 2ND ST ^! \� SOG E 3a NW 1ST ST z _ �*G. W FLAGLER ST _ .�, Legend ® Urban Central &MY. District 0.1 0.2 SW 3RD ST 0 4 Liles Submitted into the pubic T S NE 15TH ST NE 15TH ST NE 14TH ST NE 6TH ST E FLAGLER ST NE 13TH ST NW 6TH ST SW 7TH ST SW 8TH ST O P PJ PCV16 VENETIAN CSWY;,c�,'�,,,,„,.,_ sMACARTHURCSWY Area Map City of Miami 1.. Submitted into the public record for ite (s) c'Z , on . City Clerk EXHIBIT 2 Submitted into the pub record fgr iterp(s) on Forwarded message From: Amal Kabbani <amalkabbani(c@gmaii.com> Date: Tue, Nov 13, 2018 at 11:34 AM Subject: Regarding the matter of the SkyWheel at Bayside Marketplace To: Russell, Ken (Commissioner) <krussell@miamigov.com>, Mahony, Abigael <amahony@miamigov.com> Cc: amal kabbani <amalkabbani@gmail.com>, Pamela Weller <pamela.weller@baysidemarketplace.com>, Fran Fenton <florfenton@gmail.com>, Joe Bier <manager@epiccondo.net>, Cristina Palomo-Preble <cristyp04@gmail.com>, Itai Benosh <ibenosh@gmail.com>, raul guerrero <rguerrero@salonespanol.com>, Mike Capote <mcapote1990@gmail.com>, Michael Graubert <mgraubert@aol.com>, Terrell N. Fritz <fritz@fritzgeitner.com> Dear Commissioner Ken Russell Thank you for giving the DNA the opportunity to weigh in on the matter of the SkyWheel project at Bayside Marketplace. Mrs. Pamela Wheller presented her initial concept and from what we saw and heard during that conceptual presentation we are not opposed to the idea only would kindly ask to stay involved as this concept turns to plans so that we can review the documentations once ready to be presented at a future City Commission hearing and produce our formal position letter accordingly. Yours truly Amal Solh Kabbani President, DNA is City Clerk