File Ref. #079 B
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CITY OF MIAMI BEACH
PLANNING, DESIGN & HISTORIC PRESERVATION DIVISION
DESIGN REVIEW/HISTORIC PRESERVATION BOARD
HISTORIC PRESERVATION BOARD
DESIGN REVIEW BOARD
IN RE:
PORTOFINO GROUP
ORIGINAL
City Commission Chambers
Miami Beach, Florida
Tuesday, January 6, 1998
1:00 p.m.- 5:45 p.m.
Taken before CARLA A. BRANCATO, Registered
Professional Reporter and Notary Public for the State
of Florida at Large.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
2
1
MR. GROSS:
Let's get the staff report for
2
the Ocean Parcel.
We're going to hear this is
3
File 9193 which is the Ocean Parcel.
4
MR. MOODY:
While the applicant is setting
5
up, I'll go ahead and read the staff report.
6
The applicant is requesting Design Review
7
approval for the construction of two 54-story
8
apartment towers with a total of 580 units.
9
This application originally came before the
10
board on September 2nd and was continued to a
11
date certain of November 17th, and then
12
consequently continued to a date certain of
13
January 6th today.
14
The applicant, as you will note in the
15
staff report has made more changes to the
16
project, particularly in the areas of most
17
concern to staff, and that is with regard to the
18
design of the pedestal and the circulation
19
elements.
As the applicant I'm sure will take
20
you through, they have made substantial changes
21
in terms of the ramping system and the proposed
22
connection from South pointe Drive to South
23
pointe Park.
24
Notwithstanding these changes, staff still
25
has some concerns with regard to the circulation
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
3
1
elements, the design of the pedestals, and how
2
the project in general addresses the street.
In
3
light of these design concerns and in light of
4
some concerns expressed by the planning and
5
zoning director relevant to the joinder of the
6
application as well as the issues surrounding
7
the lot split for the entire master parcel,
8
staff is recommending that this matter be
9
continue to a date certain of March 10, 1998.
10
And I just want to reiterate on behalf of
11
the planning and zoning director that due to the
12
fact that the issues surrounding the joinder of
13
the application as well as the master parcel
14
issue the staff is strongly recommending that
15
the board continue this matter and not take any
16
type of affirmative action until this matter,
17
these two matters have been resolved.
And I
18
would like to make the staff report a permanent
19
part of the record.
20
MR. GROSS:
All right.
Thank you, Tom.
21
Can we have quiet here, please?
22
Okay.
Thank you.
23
Mr. Schulman?
24
MR. SCHULMAN:
Mr. Chairman, members of the
25
board, my name is Cliff Schulman with offices at
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
4
1
Brickell Avenue, Miami, Florida, and
2
representing the applicant.
3
Mr. Chairman, there are two matters before
4
you today dealing with the Ocean Parcel, Item
5
9193 and 9486, and our comments at least in the
6
presentations that are going to be made, many of
7
them will be for both those items, so if the
8
Chair wishes to at least combine for purposes of
9
some of the discussion of those items that we
10
won't have to repeat them.
When we get to 9486,
11
we will try to refine our comments as to that
12
matter.
13
MR. GROSS:
Okay.
14
MR. SCHULMAN:
On a couple of housekeeping
15
matters before we get into the substance, I do
16
want to incorporate obviously the testimony of
17
the prior hearings and all exhibits that have
18
been presented to the board and which are here
19
today that Mr. Jahn will be referring to.
20
I also wanted to bring to the board's
21
attention that as we have gone through this
22
process the City has been supplying us with
23
additional data.
In certain aspects what we
24
would do today and what we did yesterday is we
25
would submit formally into the record some
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
5
1
additional traffic data that was given to us by
2
the City as to additional traffic counts that
3
were taken in 1997.
We have analyzed those
4
counts.
Our professional expert Trey Pollack
5
from Kimley-Horn whose resume is in the record
6
has done a report.
We have met with Joseph
7
Johnson of the City's, I guess, Public Works
8
Department, submitted the data to him, but for
9
purposes of the record we would like to submit
10
the revised report including the most recent
11
traffic data that the City had available.
12
As a last housekeeping matter, Mr.
13
Chairman, I just wanted to correct one of the
14
staff's statements in their report.
The staff
15
has indicated in their report the number of
16
units which have been requested and I wanted to
17
straighten that out.
In November we submitted
18
revised plans and I just want the record to
19
reflect that the actual number of units that
20
have been requested are 295 time share units,
21
580 condo units and 234 hotel units as opposed I
22
believe the staff showed a lesser amount and
23
those have been in the plans for quite
24
sometime.
25
In all candor, some of the problems that we
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
6
1
have had is even data that we have submitted,
2
and this data was submitted back in November,
3
have not been adequately analyzed up to this
4
point and we are going to go through that more
5
specifically as we go through.
6
Rather than repeat myself, which I'm sure
7
the chairman and the members of the board would
8
like me not to do, what I would like to do is
9
ask Mr. Helmut Jahn to come up and take the
10
board sort of where we were when last we met.
11
As the board knows, there have been five
12
scheduled hearings on this.
Two of them have
13
been substantive. One of them took place at
14
12:45 at night. One took place at nine o'clock
15
in the morning. We are now at one o'clock or
16
should I say quarter to 4:00.
17
MR. GROSS:
We're trying to give you a
18
variety of venues.
19
MR. SCHULMAN:
We've seen Miami Beach at
20
all hours of the day or night.
21
MR. GROSS:
Mr. Eichner wasn't present at
22
the last meeting that we had where we did
23
apologize for the late hour of the earlier
24
meeting and we had scheduled a separate meeting,
25
so I'm sure that was conveyed to him, but I just
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
7
1
wanted to do that personally.
2
MR. SCHULMAN:
We do appreciate that, Mr.
3
Chairman.
With me today is --
4
MR. CYPHEN:
If I'm not mistaken, the board
5
sort of wanted to adjourn that time and he
6
insisted even though it was 2:00 in the morning
7
he insisted we heard that.
8
MR. GROSS:
I understand.
We try not to
9
arrange our calendars so that it appears that
10
2:00 in the morning for a project.
That is of
11
interest not just to us but to all the citizens
12
here who want to follow this project and many
13
are here to be heard.
14
MR. SCHULMAN:
And we appreciate it and we
15
did express at the last meeting our appreciation
16
to the board for doing that.
17
With me today of course is Helmut Jahn of
18
the firm of Jahn & Murphy in Chicago who has
19
been previously introduced to you.
Also Joe
20
Pollack from Kimbley-Horn, our traffic expert,
21
is here.
We have representatives of Danes and
22
Moore on any issues or questions the board may
23
have regarding concurrency and our concurrency
24
report which was filed November 12th with
25
staff.
Mr. Jose Suarez is here of
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
8
1
Seiger Quintrel Associates to answer any
2
question that may come up on zoning issues.
3
But right now I would like Mr. Jahn to come
4
up and address the issues that the board raised
5
the last time and some of the additional plans
6
and details which have been submitted to staff,
7
and then I would like to basically try to refine
8
some of those elements when Mr. Jahn gets done.
9
MR. GROSS:
Okay.
Thank you.
10
Helmut?
11
You've got to be very skinny to make that.
12
MR. JAHN:
Afternoon.
I want to --
13
MR. GROSS:
Just introduce yourself for the
14
record.
15
MR. JAHN:
I'm Helmut Jahn.
I am the
16
architect of the project.
17
I want to not take too much of your time.
18
I think you are very familiar with this
19
project.
I want to just reiterate the things we
20
changed since we presented the project I think
21
in November.
I think the three major issues was
22
the continuation of Ocean Drive, the retail
23
front, and the balconies.
24
As you can see, most of you can see on the
25
model, on this board here which shows the view
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
9
1
from the -- I think it's better to leave it
2
forward here.
The
We have changed the ramp.
3
ramp is now moved out totally out of the
4
right-of-way.
The right-of-way continues
5
through at the narrowest point at a little over
6
51 feet wide between the edge of the parking
7
garage and the green wall which defines the
8
landscaped wall which defines the edge of our
9
project which is now the edge of the ramp which
10
is behind, so we have about a ten feet width on
11
that green wall which is a structure, as I
12
explained before, with vines growing in it.
In
13
front of that green wall is a row of palm trees
14
and it is complemented by another row on the
15
side which continues all the way to the park
16
from the property line.
And in that open space
17
which is where the rest of it there is adequate
18
space for two tennis courts which complement the
19
tennis courts which are on the parking garage of
20
the South Pointe Tower.
And as you can see on
21
the model and on the photograph, those tennis
22
courts are screened by trees.
There is no
23
obstruction in terms of that they impede the
24
view corridor.
25
Beyond that 51-foot open right-of-way there
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
10
1
is green (inaudible) that delineate the
2
contonation of Ocean Drive and the paving itself
3
is a pattern which reflects the geometry of the
4
whole assembly.
The ramp itself is a three-way
5
ramp up and two-way ramp down.
Two-way ramp up,
6
two lane and two lane down, and then the ramp
7
itself is separated by a five-foot wide green
8
strip and then it's accompanied by a very gentle
9
stair with a lot of pedestals which goes from
10
here in the immediate level from here to the top
11
level, and that stair is itself ten feet wide,
12
so it makes that podium very much accessible for
13
the inhabitants and the public, especially
14
people who go up to the hotel.
15
I should also point out because this was
16
the staff there was some mention asked about
17
this in the staff report which I received only
18
yesterday, you can also see that that stair has
19
through the landscaped area an access without
20
crossing any vehicular drive.
Also in this
21
portion, and in this portion obviously to some
22
degree it's like I said, it's very difficult to
23
continue here.
You obviously have to cross this
24
driveway.
This is the entrance, to repeat that
25
again, to the condominium tower on the north.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
11
1
This is the entrance to the hotel.
Here is the
2
entrance to the time share, and here is the
3
entrance to the Condominium South.
4
This is an additional entrance to the
5
parking garage.
The other entrance to the
6
parking garage is here.
And that entrance to
7
the parking garage obviously accommodates,
8
especially for the hotel that people can park.
9
This is how they drive back to the street, or
10
people up here if they drop somebody off they
11
can end at the garage here without having to put
12
additional traffic load and impede with
13
pedestrians at the street level.
14
This one didn't make it on the board, but I
15
think you maybe can pass it around maybe you
16
will see it.
This is actually the view we
17
showed originally down Ocean Drive.
It's a
18
computer montage.
We chose that as an unimpeded
19
view all the way to Fisher Island.
20
MR. GROSS:
That would be on File 9193 but
21
not on File 9486, right?
22
.
MR. SCHULMAN:
That's correct, Mr.
23
Chairman.
24
MR. JAHN:
This is sometimes the model
25
photographs show it a little better because we
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
12
1
get the right height here we've tried this is
2
just different lighting conditions.
But we try
3
to really be an access of Ocean Drive.
And you
4
see that 51-foot right-of-way.
You see the
5
landscaped area to the right. What that
6
landscaping very well achieves, it totally
7
eliminates kind of the unwanted impact of the
8
parking garage which comes out in this for what
9
we do right now is an undesirable angle, but
10
it's an urban condition like in so many urban
11
conditions you can't lift this.
You can't
12
change it.
You can't tear this parking garage
13
down.
You have to mediate and you have to
14
improve its impact.
15
You see the ramp, and then this is trees up
16
here. You see also what has been done on the
17
model, the retail development for Portofino has
18
been added.
This is still the existing ramp and
19
there's a landscaping combining this retail
20
portion with this is retail portion.
You see
21
that very well here.
That is that retail
22
portion here.
That is that retail portion
23
here.
24
This is done trying to go a little bit
25
closer with the computer rendition of it.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
24
25
13
1
Obviously it hasn't got all of the necessary
2
detail.
This is the
This is the green wall.
3
ramp, and this is the retail development.
4
MR. CYPEN:
Can you leave the camera on
5
that one?
6
MR. SCHULMAN:
Can the camera focus in on
7
that poster before you take it down.
8
MR. CYPEN:
I haven't seen it.
9
MR. SCHULMAN:
Why don't you put that one
10
up.
11
MR. CYPEN: Okay.
12
MR. JAHN: The architecture added to the --
13
MR. CYPEN: That is Portofino Tower right
14
there on the picture?
I'm looking on the TV
15
screen.
16
MR. GROSS:
No.
That's the new building,
17
and then you see the green wall.
18
MR. JAHN:
This is the view right here.
19
MR. CYPEN:
What angle is that?
I don't
20
see it.
Oh, I got it.
That's looking
21
southeast?
22
MR. JAHN:
It's looking southeast.
23
MR. CYPEN:
I got it.
You can't see
Portofino Tower.
MR. SCHULMAN:
It would be to the right.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
14
1
MR. JAHN:
This is the hotel and the time
2
share tower on the left with the apartment tower
3
north. That retail portion is just a glazed
4
area. This is a more detailed drawing of it.
5
This is the floor area.
This is the ramp.
6
That's the landscaping.
This is the stair.
7
This is the one retail block.
This is the other
8
retail block. This is the entrance to the
9
parking garage. This is' a diagramatic
10
elevation.
11
It didn't make it on the board, but I do
12
have another drawing here, which this shows the
13
sections through it.
The second floor is held
14
back to create a bigger entry area. The retail
15
front is essentially a glazed wall, very minimal
16
construction to allow the retail to expose
17
itself.
This is a glaze railing like the
18
language is on the rest of the tower.
And there
19
is an awning, a retractable awning at about the
20
second floor height which protects people from
21
the sun or from the rain.
It can be obviously
22
pulled back.
And there is a little base here to
23
give kind of a little solidity on the street
24
level.
And this is really the architectural
25
language from here all the way here with the
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
25
15
1
exception here.
This actually didn't get
2
changed on the model.
This thing has been also
3
at the request of the staff the green wall has
4
been put back and it's now in the plan of the
5
base of this wall here.
6
So I think we really have answered I think
7
all the questions in terms of, you know, what
8
that retail front looks like when it's something
9
which I feel doesn't have to be in the language
10
of the retail area to the west.
It's like any
11
street in the city.
It doesn't have to continue
12
the architectural language.
I think the retail
13
development as it relates here with the language
14
and the colors of the tower relates here to the
15
language and the materials of this particular
16
development.
17
MR. GROSS:
Maybe you could take one moment
18
and go around to the other side and tell us how
19
the project relates to South pointe Park on the
20
south side.
21
MR. JAHN:
Right.
This was a question,
22
too, and let me get a model photograph because I
23
can't turn obviously the model around.
24
MR. GROSS:
We can see it in the camera.
I
don't think you need to turn it.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
16
1
MR. JAHN:
But let me maybe get up over
2
here.
This board is from the southeast corner,
3
and you see that -- let me also get an
4
elevation.
I think, again, this did not make it
5
on the board because we only got this report
6
yesterday.
I do have a
7
What is the road behind?
MR. GROSS:
Is
8
that the service drive?
9
MR. JAHN:
The road behind, back here is
10
the service drive.
Back here is the service
11
drive.
12
MR. GROSS:
No, but I mean the road --
13
MR. SCHULMAN:
That is an existing roadway
14
in the park, Mr. Gross.
15
MR. GROSS:
That's the cars drive down that
16
road to go to the restaurant?
17
MR. SCHULMAN:
Right, that presently
18
exists.
19
And beyond.
MR. CYPEN:
It goes all the
20
way almost to the boardwalk.
21
MR. GROSS: Uh-huh.
22
MR. JAHN: I have this partial map here.
23
This shows the service drive here.
24
MR. GROSS:
I'm not really focused so much
25
on the service drive as how the garage and the
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
17
1
podium are going to relate to the park.
2
MR. JAHN:
The language of the podium, the
3
podium is at that point four and a half stories
4
high, almost five stories.
5
MR. GROSS: About 50 feet above.
6
MR. JAHN: About 50 feet above grade and it
7
has the stainless steel mesh, which is a very, I
8
think it's on the material board back there.
9
Maybe you can pull it up.
10
It's heavier than I am.
MR. SCHULMAN:
11
It's this mesh here, which,
MR. JAHN:
12
depending on how the light and the sun hits it,
13
both by and night assumes a very interesting
14
kind of quality.
It's
It's like a fabric.
15
woven, and it has kind of an inherent beauty,
16
especially in a climate like this.
It ages very
17
well.
It doesn't have to be maintained, and
18
it's
19
MR. SCHULMAN:
Has everybody seen this
20
enough?
21
MR. JAHN: You don't want to get a hernia.
22
MR. GROSS: So that's what is going to
23
screen the garage?
24
MR. JAHN:
It's screening the cars.
And we
25
feel, again, that this is a much better way to
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
25
18
1
screen the cars then to make a solid wall
2
because it's better for the people in the garage
3
and better first for the people who look at the
4
garage, because there's always something
5
happening.
You always, depending how the light
6
hits it, you get a glimpse on it at night, it's
7
lit up, so the whole garage will actually look
8
not like a solid mass, but it look like
9
something living, and something which has
10
activity.
Activity always is interesting.
11
MR. GROSS:
Where is -- I am not oriented
12
that well.
Where is the band shell in relation
13
to the garage?
14
MR. CYPEN:
The band shell is torn down.
15
MR. GROSS:
It is?
I haven't been there in
16
a while.
Where was the band shell, though, in
17
relation to that?
18
MR. CARY:
West of the restaurant.
It's
19
where the tennis courts are going.
20
MR. GROSS:
Further west.
21
MR. CYPEN:
Right just west of the
22
restaurant.
I thought it was still there.
I
23
saw it the other night.
I must have been
24
imagining it.
There's still like an awning or
something.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
24
25
19
1
MR. CARY:
Ocean Drive lines up almost with
2
the center of Smith & Wollensky's restaurant.
3
MR. CYPEN:
Ocean Drive lines up with
4
center of Wollensky's.
5
Okay.
MR. GROSS:
Right.
I see.
So this
6
is to the east.
This will be to the east of
7
it.
8
All right.
Let's get some public comment
9
now.
10
MR. SCHULMAN:
Mr. Chairman, what I wanted
11
Helmut also to do, if he would, is the board had
12
previously also wanted us to focus in on the
13
detail of the facades of the building and the
14
balcony treatment, and I wanted Helmut to do get
15
into that because I know you had questions about
16
that other.
17
MR. JAHN:
I mean, the major objection on
18
that it ( inaudible).
As you see on the model,
19
they are not eliminated.
We are candidly
20
running the balconies out right now, and I think
21
they are in compliance.
I think staff has seen
22
those and they have it (inaudible).
We pulled
23
down a corner of the screen wall slightly back
to actually keep the screen wall in line with
the facade of the building.
We obviously did
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
20
1
not have time to change this on the model.
That
2
also allows people on the corner to have a
3
double exposure without a screen wall.
That was
4
a marketing thing also, but we did enough
5
studies to confirm that this is architecturally
6
possible.
7
This is a drawing of it.
You see it keeps
8
the edge of the building.
It makes the edge to
9
some degree more interesting and more lively.
10
And then we -- this is the view from the other
11
side in more detail.
This is the view when you
12
look in the building in front.
This is
13
essentially what you see in the model just in a
14
larger context.
15
And then we also I think we are always
16
talking about the inside of -- the outside of
17
the building.
Obviously it's for the people who
18
build the building it's very important for
19
themselves the inside. That's why these
20
buildings get built. And this is actually a
21
view of a typical balcony.
You see that the
22
effectiveness of the screen in front which gives
23
us another --
24
MR. BLITSTEIN:
Would you pass all those
25
down when you're done, Tom.
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MR. JAHN:
(Inaudible)
This is
-- screen.
2
the regular balcony.
And then we did a little
3
walk-out on this corner balcony.
This is when
4
you are on the inside ?f the apartment and you
5
look towards the corner.
And then when you go
6
outside, then this is the configuration.
That
7
post is only every second level for structural
8
reasons and then every other level there's no
9
post.
The balcony actually projects about 22
10
feet from the corner of the building out there.
11
It's like being on a bow of a boat.
12
So this is essentially, you know -- I mean,
13
there is a side of this architecture is not just
14
kind of a vicious statement.
It's also kind of
15
creating a totally different environmental
16
condition on the inside of the building.
And I
17
think what this drawing is actually very well
18
show is that that the character of this building
19
is very much appropriate to its location.
You
20
know, such a balcony is not feasible anywhere
21
else but down here because it wouldn't be used
22
and everybody would rather enclose it.
It takes
up living space.
Whereas here you would rather
have it open because they can live out a good
type of
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MR. CYPEN:
Are these high wires holding up
2
these balconies?
Is that what these is?
3
MR. JAHN:
Yes, because as I said, the
4
column spacing is about 18 feet, and that
5
balcony, candidly, was out about 22 feet.
6
MR. CYPEN:
Is there a power shoot to keep
7
on the side in case this doesn't work?
8
MR. JAHN:
So it's a hangar and then it's a
9
prop.
That's why I don't need that prop every
10
floor.
11
And you also have got to realize, with
12
hurricanes there are winds up to 100 miles an
13
hour obviously trying to flip these balconies up
14
and down.
This, by the way, since the last
15
time, actually since this question with the
16
balconies came up the client has also asked us
17
to work with the engineers where they have
18
actual calculations by the engineers for this
19
cantilevering balcony structure plus in a
20
typical condition, and plus at the corner we
21
have also calculated the glass sizes which get
22
substantial, very significant through the upper
23
parts of the building, so quite frankly even in
Germany where they are very thorough I have
never had to do so much work up front like I had
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to do in Miami.
2
MR. SCHULMAN:
Miami Beach.
3
MR. JAHN:
Miami Beach, sorry.
4
MR. SCHULMAN:
Let me, if I might, Mr.
5
Chairman, sum some of the other things that have
6
been done because I might just take this down
7
for a moment.
8
This has been somewhat of a frustrating
9
process for Mr. Jahn and for the owner,
10
especially if you read the staff's
11
recommendations it would appear just at first
12
blush when you read the staff's recommendations
13
that we have not done a very good job of giving
14
the staff the level of detail that they felt was
15
appropriate, and that is of great concern,
16
because as Mr. Jahn just testified to, Number 1,
17
the initial submittal that was made to the board
18
back in July was -- we were told at the time
19
that it was the most complete DRB submittal that
20
had been made at the time.
21
Second, we have been supplying even as late
22
as in the last couple of weeks additional data
23
as requested by staff.
We have met with staff
24
approximately four or five times with Mr. Jahn
or Mr. Jahn's associate.
And, unfortunately, as
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we read the recommendations, instead of getting
2
better, although I will admit there are some
3
good things in this recommendation as to some of
4
the changes that have been made, it appears that
5
they sometimes get worse.
And that gives us
6
great concern.
7
Just let me give you, if I can, some of the
8
major changes that have been made in addition to
9
what Mr. Jahn has talked about.
As he
10
indicated, the driveway was originally blocking
11
the view corridor.
It has been partially moved
12
initially, completely removed now, out of the
13
corridor. We have made it into a pedestrian
14
promenade 51 feet wide at its narrowest point.
15
We have designed it in a pedestrian friendly way
16
and included a landscaped facade, if you would,
17
and a very very pleasant pedestrian promenade to
18
that.
It doesn't presently exist obviously, and
19
would be the first, for lack of a better term,
decent access into the South Pointe Park that
has been underutilized and underemphasized, so
we believe that that has been well looked at by
staff and I think that they have indicated some
degree of satisfaction.
We have enhanced our landscaping on the
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beach side extensively and submitted new
2
landscaping drawings.
We have provided a recent
3
retail facade and a level of detail that was
4
requested by staff.
We reduced the number of
5
curb cuts from four to two.
We have eliminated
6
the balcony posts and changed the balconies to
7
make them even more open to change the facade of
8
the building to show that it is not industrial.
9
It is not office.
It is truly a unique project
10
unique to the site.
II
We have indicated to the staff and shown
12
them different colors of materials and agreed to
13
change the color of some of the materials, and
14
nonetheless staff continues to indicate in their
15
recommendations we haven't given them enough
16
detail.
We haven't given them enough plans.
17
Hundred and hundreds of drawings have been
18
submitted, and I will admit the client and Mr.
19
Jahn are exceedingly frustrated because we don't
20
know how much more level of detail we can get.
21
And every time we meet with staff some new
22
issues arise and those are in your
recommendations today, and let me deal with a
couple of them which are troublesome.
Number 1, the tennis courts for the
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facility as Mr. Jahn indicated are on the west
2
side of the pedestrian promenade.
They were
3
moved from an upper level parking garage because
4
staff asked us to remove the parking garage
5
because it was blocking the visual access
6
through the Ocean Drive promenade.
7
So we moved it and we put the tennis courts
8
at ground level.
They, we believe, are an
9
interesting pedestrian amenity insofar as there
10
is activity adjacent to, although it be
11
landscaped, from the pedestrian promenade.
It
12
gives life to the promenade.
Activities take
13
place and obviously we would like to keep the
14
tennis courts where they are at.
Staff for the
15
first time has told us they would like us to
16
move them.
We have no place to move them.
The
17
only other place we could move them would be on
18
the ocean side, and on the ocean side staff's
19
recommendation already tells us they think that
20
these buildings and these structures go too far
21
toward the ocean and that should be considered.
22
And plus I don't know many people that want to
23
put tennis courts directly adjacent to the
24
lovely breezes of the Atlantic Ocean.
It's real
hard to playa lob when you're right adjacent to
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the ocean.
2
The tennis courts we believe cannot, will
3
not, be moved and we completely disagree with
4
staff's recommendations.
Again, this is the
5
first time that recommendation came about.
We
6
had discussed with staff how to relate the
7
tennis courts so that the people would be
8
crossing pedestrian promenade from our project.
9
It moves toward the integration of the sites
10
that the staff has asked us to do by having
11
people move between them.
Nonetheless, staff
12
wants us to move them or eliminate them, and we
13
we believe that that's unacceptable.
14
For the first time staff in this report
15
indicates that they would like our loading docks
16
totally enclosed within the parking structure,
17
and we have indicated that we would have our
18
loading totally enclosed within the parking
19
structure.
We have no objection to that.
20
Staff has requested that we have a
21
full-time dock master at all times when loading
22
docks will be used.
We have agreed to that.
We
23
have no problem with that.
24
They do not want stacking of loading
25
vehicles on the pedestrian promenade at any
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time, and we have no objection to that.
But
2
staff then tells us also they want us to
3
restrict our loading hours from 8:00 a.m. to
4
1:00 p.m. Monday through Saturday.
With all due
5
respect, I can't tell you, Number 1, that anyone
6
else in the City of Miami Beach is so restricted
7
as to when their loading can take place.
If
8
it's totally enclosed, so what's the difference,
9
and why should we be asked to restrict our hours
10
of loading? We cannot guarantee that.
We would
11
not be willing to accept that.
12
Third, staff continues, and this is a
13
continued echoed song and dance, to want us to
14
combine our driveway with the driveway of
15
Portofino Tower and South Pointe Tower.
Now,
16
that, we agree, was shown on the original
17
concept plan that I showed you at the last
18
meeting, and we believe this is bad planning
19
from both a planning point of view,
20
architectural point of view, traffic point of
21
view, as well as the complete antithesis of what
22
staff and the board has been pushing us to do,
23
and that is make this less vehicular oriented in
24
the Ocean Drive corridor.
25
We believe that staff's recommendations to
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put 1,500 cars or the cars from 1,500 units in
2
one entranceway would basically kill the entire
3
idea of the pedestrian promenade, because then
4
you're going to have dual ramps one going east,
5
one going west, or you're going to have a
6
flyover over this lovely pedestrian promenade
7
that we've just worked six months to create the
8
first truly pedestrian entryway into this park
9
into this park, and instead staff now gives us a
10
contrary recommendation, well, let's put dual
11
entranceway driveways.
12
Mr. Pollack is here, and he can testify if
13
the board wishes to hear that testimony that
14
that's just bad from a plain traffic planning
15
point of view and also the South pointe Master
16
Association has indicated in a letter dated
17
today that they support keeping the Portofino
18
Tower and South Pointe Tower entranceway as it
19
presently is designed as-is and with the
20
existing driveway providing convenient, safe and
21
efficient access to the residents of South
22
pointe and Portofino Towers, and, therefore,
23
that driveway should be left where it is, at
24
least according to the master association. We
would submit that letter into the record.
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We read the staff report and were told that
2
we have not addressed concurrency.
We are
3
stunned.
This concurrency report that dealt
4
with issues over and beyond traffic; solid
5
waste, water, sewer, was submitted to staff for
6
review November 12th of last year.
And staff's
7
report still indicates that data has not been
8
received.
We are surprised.
Surprised would
9
probably be the lesser adjective that I could
10
use, if surprise is an adjective.
So we are
11
somewhat frustrated.
12
Legal issues were raised by Mr. Grandon to
13
us in letters in November, late November.
We
14
addressed them by letter December 5th on the
15
issue of whether there is a proper lot and
16
whether we are a proper applicant.
Remarkably,
17
this application was deemed to be complete by
18
the planning director when it was filed in
19
July.
We were the proper applicant and this was
20
a proper lot, we believed then.
We were deemed
21
to be complete.
We were responded to a subsequent question
that was asked over a month, or at least a month
ago, and we are told now to delay and defer this
matter even further for that determination to
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finally be made.
2
In the utmost of candor we believe that we
3
have been done everything within our power to
4
meet and greet, if you would, staff's concerns
5
and the board's design concerns, but nonetheless
6
these recommendations come out and say, just
7
give us more plans, give us more detail, give us
8
more, give us more.
I don't know that we have
9
that much more to give.
10
We would appreciate if the board would
11
consider approving this project to move forward
12
at this time so that we can move forward with
13
the process.
This has been lengthy, time
14
consuming, costly, and, as I said, somewhat
15
frustrating.
We are not here to deal with the
16
issue, as we indicated before, of the intensity
17
of the development or the height of the
18
development.
Again, those are not issues before
19
the board.
This is a design review board, we
20
would hope, and we believe the board knows to
21
review what we believe has been a masterful
design presentation by Mr. Jahn and a design
exercise trying to substantively address those
design concerns each and everyone that the
board has made.
We stand ready to answer any
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questions you may have in regard and would like
2
rebuttal if one is necessary for any comments
3
that are made by the public.
4
MR. GROSS:
I want to say two things.
5
First of all, I know that you are an attorney
6
and sometimes attorneys by nature adopt somewhat
7
combative stance.
We are here.
We are all
8
volunteers.
We have a paid staff.
I don't
9
think it helps you to bash, if that is the maybe
10
not the right word, but that is the sense I get,
11
the staff.
12
These folks work very hard.
They have some
13
30 projects that they are reviewing. They are
14
not solely focused on this project. This is not
15
a three-story small project off somewhere.
This
16
is a very very major project, and if the staff
17
is taking the time to carefully review it, I
18
think they are doing that for the benefit of the
19
board and of the citizens at large, so I
20
understand some of your frustration and, you
21
know, maybe there are materials that you would
22
rather have reviewed more quickly, but I know
23
that the staff is doing their utmost to try and
review this along with all the other work that
they have.
Now they may be underworked -- I'm
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sorry, overworked, and they may need additional
2
personnel or whatever, but we are protective of
3
our staff, and if you bash them, I think that
4
that's not going to help.
5
MR. SCHULMAN:
I want the record at least
6
to be clear, and I understand what you are
7
saying, Mr. Chairman, and clearly we have worked
8
as closely as I have ever worked on a project
9
with your staff on this project and they have
10
been exceedingly responsive, but I have a record
11
as a lawyer that I have to protect.
12
When I read, for example, a staff
13
recommendation that says concurrency analysis
14
hasn't been done, and it was submitted in due
15
course, then I've got to at least preserve the
16
record that that was, in fact, submitted.
17
MR. GROSS:
Okay.
I don't want to get into
18
a debate.
You are preserving your record.
I'm
19
just defending our staff a little bit.
20
What I would like you to do for a moment
21
because you haven't really touched on it, and
22
this is, you know, gets a little bit legal, but
23
the staff has outlined a list of seven ways in
24
which the application is inconsistent with the
25
city zoning ordinance, and one of them I'm sure
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jumps out at you as it did to me, which is
2
Number 6, and this is operating under the
3
assumption that it's not going to be -- the lot
4
is not going to be split but this is one
5
project.
Number 6 says Due to the height of the
6
proposed new towers, the existing tower setback
7
of the South Pointe Towers becomes nonconforming
8
and consequently a variance shall be required to
9
retain the existing South Pointe Towers
10
building.
Are you in agreement with that
11
analysis?
12
MR. SCHULMAN:
For this application, which
13
is No. 90 -- I apologize.
I don't have the
14
number at the tip of my tongue.
15
MR. CYPEN:
9193.
16
MR. SCHULMAN:
Let me tell you what
17
happened and why we did it.
The initial review
18
that was done by staff raised the exact same
19
points that are in this review on the zoning
20
issues, and, again, normally at least in the
21
past sometimes the zoning issues were bypassed
and the staff has chosen to deal with them up
front, which we believe is great, because
sometimes you get surprised at the end and the
entire idea was not to surprise an applicant.
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So what we did was we filed a second
2
application after our initial July filing and we
3
called that, for lack of a better term, our as a
4
right plan. That is the one that is before you
5
next on the agenda and some of what we have been
6
discussing.
We asked our architects and Mr.
7
Jahn to redesign the project to bring it within
8
all of those comments that staff have in the
9
application which was just discussed.
And you
10
will see that there is a substantial difference
11
in the plan.
What we have done in this one
12
clearly requires a board of adjustment variance
13
or a series of variances to make this happen,
14
notwithstanding this board's approval.
We filed
15
also at the same time we filed the as a right
16
plan applications for the board of adjustment
17
for variances to be granted so that this plan
18
could be built.
19
So from a procedural point of view and, by
20
the way, that was scheduled for Friday, to be
21
heard this next Friday.
But that meeting was
dissolved and you know better than I do the
problems with the board and the membership of
the board of adjustment, but we presently have
pending a board of adjustment application to
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address each and everyone of these issues that
2
were raised by the staff and those zoning
3
comments.
4
The as a right plan meets the setbacks, we
5
believe, meets the height restriction created by
6
the existence of the existing Portofino Tower.
7
There is lower buildings.
They are
8
approximately 420 feet high.
As a result,
9
because what controls the height on the building
10
according to the zoning code is the setback of
11
the existing building.
So, therefore, it goes
12
to the 54-story building to approximately
13
42-story building plus or minus on the as a
14
right plan with the same basic amount of use but
15
basically more tight configuration.
16
In point of fact, then we pull the
17
buildings back toward Portofino Tower and South
18
Pointe Tower in the as a right plan which
19
basically brings them in the view corridor, if
20
you would, that staff desires and the board has
indicated a preference for in order to meet the
zoning code.
So the as a right plan which will
be before you has basically the same look of the
towers.
It's the same and it's different.
It's
different --
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MR. GROSS:
I understand.
2
MR. CYPEN:
The staff has zoning comments
3
on those, too.
They said there's three things
4
that don't comply, don't they?
5
MR. GROSS:
The point I just wanted to
6
bring out now is that under this particular
7
application if you did not receive a variance
8
from the zoning board, due to the height of the
9
proposed tower, then either you would have to
10
abandon the project or tear down the South
11
pointe Towers building, which obviously __
12
MR. SCHULMAN:
But with an as a right
13
plan.
14
MR. GROSS:
-- you are not going to do, or
15
change the plan.
16
MR. SCHULMAN:
Correct.
17
MR. GROSS:
Okay.
The only other issue
18
that I wanted to get out on the table and I'm
19
not sure where it stands before we take public
comment is the issue of the lot split and
whether or not this is one project because some
of the staff comments are directed to that and I
am a little -- I would like some clarification
maybe from Debra about that.
Is it up to this
board to determine, because we've had other
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applications where there was a larger lot and
2
there was existing buildings on that lot, for
3
example, with the Weston.
That's another
4
appli,cation that's in front of us, and we have
5
been advised by Dean and the planning and zoning
6
department that one of the things that we had to
7
do was to make sure that this project is
8
compatible with the balance of the project on
9
that same lot.
In this case it would be with
10
South Pointe Tower and Portofino Tower.
So I
11
know that we are charged with making -- if it is
12
one project, which is the way the application
13
has been submitted to making sure that it's
14
compatible with the balance of the project on
15
that site.
What is it that Dean is supposedly
16
doing that Mr. Schulman said he hasn't had a
17
chance to do yet?
Is Dean here?
18
MR. MOODY:
Dean is in another meeting.
He
19
said he was going to try to come in if his
20
schedule allows him to, but basically there's
two issues.
There is the issue that deals with
the joinder of the application and there's the
issue that deals
MR. GROSS:
The joinder?
MR. MOODY:
Yeah.
Apparently there's been
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some correspondence
2
MR. GROSS:
By the condominium owners.
3
MR. MOODY:
Exactly, of the South Pointe
4
Towers and Portofino Towers, and then there's
5
the issues of the lot split.
Dean told me
6
before this meeting started that he had not
7
rendered a decision relative to the joinder of
8
the application or relative to the lot split
9
issue.
Because of that, he's strongly
10
recommending that the board continue action on
11
this project and not render a decision until
12
those two issues have been resolved.
He still
13
wants to speak to the city attorney regarding
14
those matters before he has made a decision.
15
Beyond that, I couldn't tell you much.
16
MR. GROSS:
I guess the clarification I'm
17
looking for, is that a legal determination or is
18
that a design determination?
19
MR. MOODY:
Well, it's a legal
20
determination, but Dean has told me it will
21
impact the design of the building and how the
22
design is presented to the board, and that's why
23
he strongly recommending that the board continue
24
action until those two matters have been
25
resolved.
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MR. SCHULMAN:
Mr. Chairman, may I respond
2
to that?
3
MR. GROSS:
Yeah.
4
,MR. SCHULMAN:
We have an application that
5
we submitted under Chapter 18 of your code when
6
deemed to be complete, there is a -- deemed to
7
be complete, Mr. Grandon, in fact, wrote us a
8
letter at the time we filed and deemed us to be
9
complete.
In fact, your code then says I can't
10
even be on your agenda unless the planning and
11
zoning director has determined that I have been
12
deemed to be complete.
So I'm deemed to be
13
complete, okay?
I am here.
If, as and when the
14
city attorney and/or Mr. Grandon wants to change
15
the legal rules of that ball game, there are
16
remedies available to us to do that, okay.
We have submitted an application.
For
example, when Portofino Tower was before this
board, the application was in the name of the 10
Collins Avenue Company, okay.
At that point in
time, South Pointe Towers Condominium was in
existence. They did not join in the
application. At that same time the remainder of
the site was owned by Marquesa Development
Company.
They did not join in that application,
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and this board went forward and approved
2
Portofino Tower, and went through the whole
3
design review process.
We believe that that is
4
consistent.
5
We have met with Mr. Grandon.
With all due
6
respect to him, even though he has had our
7
letter since the 5th, the holidays did
8
intervene, and I know that it made it difficult,
9
but in the event that this board chooses to
10
approve the project from a design point of view
11
and Mr. Grandon chooses to make a decision which
12
he may make (inaudible) that says this
13
application shouldn't have been before the
14
board, if the board wants to condition it upon
15
that, then we would challenge that or take
16
whatever actions are necessary.
Right now as
17
this record stands we believe we are a complete
18
application that is properly before you and
19
consistent both with the law and we address that
20
at great length, and I won't do it here, that
21
Mr. Grandon wants to talk to the city attorney
about, but, again, we have been in the process
for quite sometime and we would like to move
forward to the --
MR. GROSS:
Okay.
So the position of the
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administration, then, is that the specific issue
2
with respect to the lot split is a legal issue
3
that the staff is going to determine, but the
4
issue that is properly before this board is that
5
this is one overall project, Portofino Tower,
6
South Pointe Tower and the new development, and
7
we are supposed to review it to make sure that
8
it's compatible on the full site.
9
MR. MOODY:
No, that's the issue that Dean
10
has yet to rule on.
He needs to rule, make a
11
formal determination as to whether or not this
12
will be reviewed as one master parcel or if the
13
lot, in fact, does have to be split.
14
MR. SCHULMAN:
That's not compatibility.
15
MR. GROSS:
Excuse me.
It's been presented
16
to us today as one application, one parcel, so I
17
think we have no choice but to review it in the
18
way in which it's been submitted as one overall
19
project, one overall parcel, which gets into the
20
issues that we discussed at the last meeting as
21
to whether there is too much massing on this
22
sliver of the project and perhaps not enough on
23
the other piece and that it's not balanced,
which is the issue that you raised in the staff
report that the applicant disagreed with, but
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that was the subject of discussion at our last
2
meeting.
Debra?
3
MS. TURNER:
I want to support what staff
4
has said in the determination on the lot split
5
issue is critical before a final decision can be
6
made by this board.
At this point the board can
7
only give and offer guidance as to the project
8
and we would recommend as counsel to you not to
9
render any final determination until that
10
decision is made by Dean Grandon.
11
And I also just want to bring to your
12
attention also that many months ago we were
13
under a prior development agreement which is no
14
longer in place.
15
MR. GROSS:
I know that, but what I don't
16
understand is the issue of the lot split.
Right
now the lot has not been split, right?
MS. TURNER:
But depending on that opinion
it will affect what can be approved or what can
be built on the site.
MR. GROSS:
As to whether they will be
required to split the lot?
MS. TURNER:
That's correct.
MR. GROSS:
You're saying that that would
be determined by Dean.
He could say to them,
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you have to split the lot, in which case this
2
would be a different determination that we would
3
make because we would be reviewing it strictly
4
on its own lot and not in relation to South
5
Pointe Tower and Portofino Tower.
6
MS. TURNER:
That's correct.
And you may
7
want to have staff elaborate on what the
8
differences may be.
9
MR. CYPEN:
It's just as you said before,
10
it's like the Weston.
Are you going to get the
11
benefit of having one site with different
12
setbacks and height limitations or is it going
13
to be a separate parcel.
I mean, that's a major
14
difference.
15
MR. GROSS:
Right.
Right now it's one --
16
that's what I don't understand.
17
MR. MOODY:
Right now it was submitted as
18
one master parcel, and what staff is trying to
19
convey is that may not be the case depending
20
upon what the planning and zoning director
ultimately determines.
MR. CYPEN:
Well, if it's submitted as one
parcel, how could you have a submission without
the joinder of some of the owners of the
parcel?
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to be sure that this project can be as carefully
2
reviewed as possible and can be as good as it
3
can possibly be.
But, Mr. Schulman, I think
4
that you will find that we are just as rigorous
5
in our review of all projects that come before
6
the board because the board demands that and
7
requires it.
And so I accept that as a
8
compliment rather than as a personal criticism
9
which has been levied.
10
Also I would like to ,respond to your
11
comments relative to the highly negative nature
12
of the staff report and analysis.
Contrary to
13
your personal opinion, I believe that Tom Moody
14
and I have had an extremely good working
15
relationship with the architect whom we hold in
16
very very high regard.
Whether we personally
17
would prefer to have very high-rise construction
18
on this site or not is another matter relative
19
to the project that we are reviewing.
We
20
believe that a superb job has been done.
This
21
architect and his staff have been extremely
responsive in addressing all of the issues that
have been raised by staff or raised by the
board.
Those responses are very carefully
documented in our staff analysis.
I can go
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MR. MOODY:
That's the second issue that
2
has to be resolved.
And, again, that's up to
3
the ultimate decision lies with the planning and
4
zoning director, and unfortunately for better or
5
for worse I don't have that decision right now.
6
MR. CYPEN:
Let me ask Cliff, are you as a
7
matter of right on the second application if
8
it's a separate parcel?
9
MR. SCHULMAN:
No, sir.
On the second
10
application it's still considered one parcel,
11
and all of the setbacks --
12
MR. CYPEN:
You answered the question.
13
MR. GROSS:
Let's get some ,feedback from
14
the public.
They have been waiting patiently.
15
Anyone who would like to speak, please come
16
forward.
17
MR. CARY:
Can I address Mr. Schulman's
comments briefly?
First of all, I would like to
thank Mr. Schulman for noting staff has reviewed
this project very rigorously.
That is perhaps
because when and if it is built it will have the
most major impact on the City of Miami Beach of
any project that has been built to date in this
city, so certainly staff has a very major
responsibility to the citizens of this community
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through and point them out to you one by one.
2
Originally there was a serious concern
3
identified relative to the weak urban
4
relationship between the parcel and the South
5
pointe Park.
Then we say as reconfigured, the
6
project master plan for the Ocean Park partial
7
portion begins to significantly address and
8
acknowledge the public importance of South
9
Pointe Park as arguably the most scenic point in
10
the city.
11
We also went out to point out, which you
12
indicated that we did not, that the proposed
13
promenade which would be 51 feet in width at its
14
narrowest point would intersect the park at
15
approximately its mid-point creating the
16
pedestrian friendly park gateway that is missing
17
today.
18
We also went on to compliment the
19
applicant.
The applicant is to be commended for
removing the previously proposed two-level
parking garage along the west side of the
pedestrian quarter that is enabling the
esplanade to be significantly expanded.
Likewise, the applicant's architect should
be complimented for relocating the vehicular
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entrance ramps for the proposed ocean parcel
2
towers further eastward.
I can go on and on.
3
Relative to the character of the
4
structures, the result is tower structures that
5
will be more lighter, smoother, more elegant in
6
appearance than the neighboring South Pointe
7
Portofino Towers.
8
Relative to the permanence of material and
9
the quality of the project, the permanence of
10
the structure has also been designed into the
11
proposed towers relative to vistas.
The site
12
has been laid out so as to maximize vistas
13
relative to curb cuts.
It goes on and on.
And
14
I think it's really unfortunate that a highly
15
negative and combative picture has been
16
presented between the staff and the architect,
when from my personal experience that has been
exactly the opposite of the relationship that
this staff has had with this architect.
And I note that the architect, and I can
say this right in front of him, does not support
Mr. Schulman's presentation, and I think that
you will find if you ask him personally, you can
ask him here right now if you like, if he's had
a good working relationship with staff, whether
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he has found staff to be responsive and whether
2
we have been responsive to him.
I think that he
3
will affirm that.
So I think it's unfortunate
4
this highly personalized attack was made for
5
whatever reasons.
But I think you will find
6
this report is certainly rigorous, very balanced
7
and very fair given the magnitude and complexity
8
of this project, and I am proud that we are
9
associated with it.
10
MR. GROSS:
Okay.
Thank you, William.
11
Anyone who would like to speak from the
12
public, please come forward.
13
MR. WORTH:
My name is Don Worth.
I am a
14
resident at 1390 Ocean Drive.
I have been up
15
here before relating to issues of traffic
16
concurrency, and I would like to again briefly
17
summarize some of the points that I think are
18
significant.
19
First of all, I think we all agree that we
have a growing problem on Alton Road between 5th
Street and Dade Boulevard.
We may not be at
concurrency now, but we are brushing up against
it.
Secondly, the baseline data as to the
current problem is still in its very early
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stages.
We are just getting it now.
I
2
understand we have just gotten some data from I
3
think November and December, so we've got a
4
little bit, not a lot.
We don't have real
5
existing data for the season.
6
As bad as the baseline data is, we have no
7
trend data, and that is very significant because
8
this is a project with a four- or five-year time
9
horizon so the rate of growth on traffic on
10
Alton Road is really going to affect this
11
project.
12
Now, we have several different types of
13
assumptions.
We have the Kimbley-Horn study
14
which assumes a one and a half percent trend
15
over a six-year period on Alton Road, which is
16
four additional cars a year.
And then we have
17
the new study which is done by the City's
consultant Plummer & Associates for the Loews
Hotel.
They assume a five percent growth rate.
I think the five percent annual growth rate is a
lot more reasonable than the one and a half
percent six-year growth rate which you were told
several months ago was gospel.
But, frankly, we
don't know if either of those is true.
In addition to that, we really have no
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understanding of what is fueling the traffic
2
growth.
I voiced concerns about things like
3
demographic factors and tourism and the
4
convention hotel, but we really don't know what
5
has gone into that.
And, in addition to that,
6
we don't have any traffic studies done maybe
7
five to ten years ago projecting traffic now to
8
see if all of that is accurate.
So what I'm
9
saying the result of all this is it's
10
confusing. Nobody really knows exactly what is
11
going on. The data we have are primitive. We
12
have no real concurrency plans.
And even if you
13
had concurrency plans, another issue that this
14
board would have to grapple with, assuming
15
there's just a certain amount of traffic you can
16
allow as defined by concurrency, if you allow it
for projects like this, what happens in four or
five years with all the inch fill properties.
Washington Ave. is half vacant.
Does this mean
you are going to allow no renovation on
Washington Avenue because you already filled up
that plot with projects like this? These are
big issues, and I don't really think with
respect to the current developer we really have
adequate answers.
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Two final major points.
First, the public
2
is told the City in the last several elections
3
that it's very concerned with traffic, with
4
development, with meeting concurrency, and with
5
adhering to its comprehensive plan, which is
6
something which is one of your charges to do.
7
Secondly, unfortunately the nature of the
8
way this works is you are asking us, the public,
9
to walk the tight rope without the net.
The
10
developer can get up here and in a very
11
impassioned way tell you this project meets
12
concurrency, but the fact of the matter is if in
13
six or seven years all of this stuff is wrong,
14
he doesn't pay.
We do.
We have heard about
15
mitigating damages, but we are the ones who
16
pay.
17
I can imagine a conversation in six to ten
18
years with a developer or the attorney, and it
19
might go something like this:
Gee, I thought
20
you told me the traffic on Alton Road wasn't
21
going to increase.
You said four cars a year.
22
This place is a parking lot.
What happened?
Response:
Gosh, I guess we were wrong.
I guess
our traffic engineering study was wrong.
Well,
who knew? Huh, but you've got to remember, you
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agreed to the study, so it's your study just as
2
well.
You don't have to agree to the study, and
3
my main point is that because you are asking us
4
to walk without a net and because the
5
information base we have is so little, you have
6
to be extra cautious.
It's not enough to drop
7
two boxes there and say hey, it's done.
8
And I think the only thing I would like to
9
say is that the prudent thing to do would be to
10
wait for the municipal mobility plan is complete
11
to involve those of us in the public, and there
12
are a lot of us, who question the methodology of
13
all of these traffic engineering studies and
14
work with city staff to make sure that our
15
concerns are heard so that we can really have a
16
city that works for us.
Thank you.
17
MR. GROSS:
There is, as you know, a member
18
of the city staff that is reviewing' all of the
19
traffic studies that have been submitted I
20
gather that -- I don't know, whether he is open
21
to conversations with the citizenry.
22
MR. MOODY:
A final concurrency
23
determination is made at the building permit
stage.
That's why in this application as well
as every single application that come before you
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you will very rarely see a statement that says
2
concurrency evaluation complete and finalized.
3
In this particular application, I have not
4
received anything from Mr. Johnson which
5
acknowledges that all of the traffic studies
6
submitted have been reviewed and a formal
7
compliance determination has been made by him.
8
As the applicant's attorney has correctly
9
alluded to, all the data has been submitted to
10
Mr. Johnson and he is reviewing it at this time,
11
but to the best of my knowledge no formal
12
determination has come forth.
13
MR. GROSS:
Is Mr. Johnson available to
14
meet with the public at all?
15
MR. MOODY:
If the public wanted to speak
16
to Mr. Johnson, you can certainly call him at
17
our office and discuss any concurrency data or
18
concurrency issues with him.
19
MR. WORTH:
I've met once and on the basis
20
of the latest study I've got more questions, but
21
I also think you are putting Mr. Johnson in an
22
excruciatingly difficult position.
I mean,
23
these are huge issues with vast numbers, and to
24
put it all on him to say yeah or nay, and
25
frankly it's not clear-cut.
It really really
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isn't.
Somehow there's got to be a larger scope
2
of individuals involved in the process. That's
3
not to say to make it totally political. That's
4
.not right, either, but I couldn't sleep at night
5
if I was that guy.
He's going to get it from
6
one side or the other.
7
MR. GROSS:
Thank you.
Next speaker please
8
come forward.
9
MR. SCHAAB:
Thank you, Mr. Chairman.
My
10
name is Charles Schaab.
I live at 301 Ocean
11
Drive.
12
I would like just to comment on a couple of
13
matters upon which the discussions today are
14
focusing before I go any further and ask a
15
couple of questions.
I would like to commend
16
the chair for pointing out the rear of this
17
project.
Unfortunately, the problem with the
18
rear of this project is that in many ways it's
19
the front of the project.
And we had had a
20
shred (sic), I think perhaps some people will
21
remember, over what to do with South Pointe
22
Park.
And I think it was perhaps with the
exception of the Portofino developers, but I
think even they began to see some of the wisdom
of it.
The consensus of the shred (sic) was the
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park needs to be bordered with some sort of
2
habitable space.
It needs to have a front.
3
I'm not so certain, with all due respect to
4
the staff, that we can really commend a facade
5
which is basically a five-story garage with some
6
sort of metal filigree on it as being the proper
7
facing to a park.
There is no more important
8
public amenity that we have on this beach than
9
our parks, and in particular there is no more
10
important public amenity than we have at South
11
Pointe Park.
12
With all due respect to the architect, he,
13
in his description of this filigree on this
14
garage, is basically making a silk purse out of
15
a sow's ear.
It's an absolutely and
16
unquestionably inappropriate way to face South
17
Pointe Park.
And I think if for no other reason
18
than just what they have done relative to South
19
Pointe Park, and I must be somewhat critical of
20
the staff for letting this transpire, this board
21
should deny the application.
22
I also, if I understand properly, it would
23
seem to me that the so-called first good access
24
pedestrian access to the park is basically the
other side of the wall with some sort of green
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grid and some date palms.
I don't find that
2
appropriate either.
South Pointe Park is
3
It's small.
And probably in all of
narrow.
4
South Florida it's unique, and I think that this
5
board and this city must do a better job than it
6
has done to date in protecting this park.
7
We have a horrible condition existing at
8
Portofino Tower.
We have a horrible condition
9
dealing at South Pointe Tower with our park, and
10
at least one would hope that on the east edge
11
that we would have better design than we have,
12
and I would again urge this board and commend
13
the chair for pointing out that it is in reality
14
an inappropriate facade and use or perhaps lack
15
of use facing the park.
We are going to condemn
16
this park to the backside of the beach, to the
17
backside of Miami Beach if we permit this
18
project to be developed, at least in the way
19
that it faces the park.
20
If I might just then make a comment upon
21
the project all together and then I will end.
I
think this board realizes and the City realizes
that at large the residents of Miami Beach are
appalled by this project.
They are appalled by
its arrogance.
They are appalled as to how
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inconsiderate it is and inappropriate it is.
2
Everything about this project is wrong.
We
3
can sit here and comment about how beautiful the
4
buildings are, and perhaps they are beautiful.
5
It should be in Houston.
They should be
6
someplace where people don't care about
7
walking.
This is the beach.
8
The architect of this project talks about
9
it being a unique site.
It is, and I think he
10
has been uniquely destructive on this site, and
11
I think it's time for this city to stand up and
12
say, you know, this just isn't a good project.
13
I think the reason the staff has taken so long
14
is because the staff doesn't know what the hell
15
to do with the project either.
It's just so
16
wrong.
And I think that that's really what
17
needs to be faced.
18
We can have all of the legal arguments.
We
19
can be told about we can have this enlarged
20
three by five card up about compatible again,
21
all of the other dog and pony show that seems to
22
come every time Greenberg, Traurig appears.
23
But in reality this project is wrong.
It
24
is incompatible.
Look at the neighborhood.
25
There's little buildings here.
And look at
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this.
You are going to see these buildings
2
everywhere.
3
The public is now appalled by the Yacht
4
Club.
They are beginning to understand that.
5
They are appalled by Portofino.
This just
6
completes it.
7
You know, you have ten stories all the way
8
down to what was or maybe now is still Biscayne
9
Street.
And it just seems to me that this is
10
not a good project.
It is in every, every,
11
every way incompatible.
It's incompatible to
12
the neighborhood, to the city, to the site, to
13
the beach, to the park, and I would just hope
14
that this board would determine that this
15
project is not acceptable and deny it its
16
application.
Thank you very much, Mr.
17
Chairman.
18
MR. GROSS:
Thank you.
19
MR. ROBINSON:
Randall Robinson speaking
20
for the Miami Design Preservation League.
21
I guess it's fair to say that the improved
22
view corridor is commendable.
However, as
23
Charles eloquently pointed out, the frontage on
24
South pointe Park is far less than desirable and
it is too tall, but obviously we can't talk
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about that.
It's too massive, and we can't talk
2
about that.
But I would like to touch on the
3
issue of style which the previous speaker
4
touched on.
5
I would like to quote from a book on
6
architecture and about this particular style of
7
architecture.
And it says We stripped our
8
buildings to the bone and now we say bravo.
But
9
what is happening is that the man in the street
10
sees only an ugly skeleton.
Nobody can say that
11
in order to be modern our buildings must be
12
cold, rectangular, barren simple plains.
Nature
13
didn't stop at the skeleton when she made man,
14
nor with muscles and sinews.
She gave us skin
15
and pigmented it and hair and colored that and
16
we added things of our own and the whole thing
17
ended up as one decorative ensemble.
18
If the architect stops at the skeletal
19
stage, 99 percent of the human race is going to
be unhappy.
You can't create a steel and glass
grid and expect people to be happy with it.
It
is a lovely laboratory concept.
As pure design
it's wonderful, but it leaves people cold.
Thank you.
MR. GROSS:
Thank you, Randall.
Next
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1
speaker, please.
2
MS. WISS:
Good afternoon.
My name is
3
Ilona Wiss.
I am president of the South pointe
4
Citizens Coalition.
I just have a couple of
5
brief comments and one of our other board
6
member, Arthur Marcus, has other remarks as well
7
for you.
8
It took me 45 minutes to get across
9
McArthur Causeway to attend this meeting.
There
10
was one lane that was blocked.
It wasn't a
11
serious accident.
It wasn't a lot of recovered
12
vehicles.
It was a simple fact of the traffic
13
that we already have.
14
That puts a real face on what those of us
15
who live and work in South Beach know from day
16
to day that the smallest inconvenience makes our
17
lives intolerable.
And I think that when you
18
consider this project, you need to consider the
19
reality of what many of you do know but some of
20
you are being misled by the traffic studies.
I
think we all do know the reality of the
situation from our own experiences.
Some of you this may be your last board
meeting and you can leave a legacy that you
finally stood up to the developers who really
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don't care about the future of the quality of
2
life in our community.
You can take a stand and
3
say yes, we recognize the design guidelines do
4
allow us to address compatibility with the
5
surrounding neighborhood in a meaningful way.
6
It's really clear it doesn't take a rocket
7
scientist to see that this is not only
8
incompatible but it will devastate the
9
surrounding neighborhood as we are all coming to
10
see has already started to happen with the
11
buildings that have now sprouted from the
12
ground.
Most recently now we are watching with
13
the Yacht Club. Some people say to me, Why do
14
you care anymore? The reality is that this
15
borders what remains for us our solace,. and that
16
is South pointe Park.
And we would ask that you
17
deny this project and deny any project that
18
decimates this most valuable part of our city.
19
Thank you.
20
MR. GROSS: Thank you, Wilona.
21
MS. WISS: This comes from the board of
22
directors of South Pointe Citizens Coalition.
23
Arthur has asked me to read it for you.
24
This project engenders serious
25
architectural and urban design concerns which
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staff has already indicated that the board
2
should take into consideration in this
3
decision.
A much lower
Scale and massing.
4
scale development would fulfill the developer's
5
desire to maximize the FAR while being far less
6
intrusive on the entire city of Miami Beach.
7
These buildings are just too big.
8
Height.
This project should be no taller
9
than the next door, South pointe Tower.
This
10
height is enough of a wall.
So what if the site
11
is completely filled up? There is still maximum
12
potential for views outward from the buildings
13
while the effect upon the rest of the cityscape
14
will be minimized.
15
Urban design.
We should not be building a
16
mini downtown skyline here.
This is not what
17
Miami Beach is all about.
There are certainly
18
other ways of siting the proposed uses on this
19
tract of land.
And you as board members have
20
the right to tell an applicant that this is not
21
the correct plan for this land.
There are other
22
solutions possible.
23
Compatibility.
Our main concern here as
24
shared by staff comment is the overwhelming
25
visual assertiveness of this looming 60-story
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glass wall.
This project is not compatible with
2
anything.
3
Local color.
Although architecture
4
responsive to its time is well encouraged in
5
Miami Beach, this project is more a reflection
6
of Madison Avenue in New York City or the
7
Miracle Mile in Chicago.
And despite the
8
sophistication of these designs, in plain
9
language this project will look like an alien
10
corporate invader fortress overwhelming
11
everything around it.
12
The joy of Miami Beach architecture.
The
13
joy of Miami Beach architecture is the
14
continuous thread of whimsy which is present
15
throughout our history.
We are a very
16
particular place and we certainly have the right
17
to ask new kids coming into our neighborhoods to
18
respect us.
This is complex of proposed
19
buildings does not respect its neighbors.
20
Continue to a date certain.
This project
21
should be continued and redesigned as a 25-story
22
maximum height urban design village which would
23
have far less visual impact on the entire city
24
of Miami Beach.
Thank you.
25
MR. GROSS:
Thank you.
Next speaker,
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please.
2
Erica Brigham.
I own a
MS. BRIGHAM:
3
building at 735 Second Street, which is now. in
4
the shadow of the Yacht Club, although it is
5
four, five blocks away.
I don't know if you can
6
see this, but this is the Yacht Club and this is
7
the building that I own here.
And the Yacht
8
Club is half built and it is now at 4:00 in the
9
afternoon in the shadow.
10
I keep taking pictures of shadows and I
11
think you can probably project from what I have
12
just handed out what this project is going to do
13
to the beach.
At 12:00 at this time of year
14
there is a shadow.
The first picture that I'm
15
handing out to you is taken at 2:15.
You can
16
see that the shadow is about one and a half
17
times the height of the fence.
That means if
18
you take those buildings lined up, the shadow at
19
that time will go up to the park between Second
20
and Third Street.
And then it will sweep down
21
the beach.
22
People have said, well, there's slots.
23
Those slots are totally meaningless because the
24
buildings basically overlap and the entire beach
25
is going to be in shadow and that is a portion
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of the beach which is an enormous amenity.
It
2
is, you know, the entrance to the channel, and
3
it is...
4
To continue, a few people have said some
5
cliches, we are killing the golden goose and we
6
are filing our own nest to allow something like
7
that to go up there.
8
The model also shows very well if you
9
project it with lights what would happen.
I
10
mean, it's not an exercise that nobody can
11
understand.
And it will probably be a quarter
12
of the mile of the beach will be rendered
13
unusable for most of the season.
14
A couple of attorneys have said in the past
15
it must be some legal thing about sun lines at
16
2:00 in the afternoon.
Most people go to the
17
beach from 2:00 to 4:00 or after.
Because the
18
harmful rays of the sun some people don't even
19
want to go until 2:00, but from 2:00 on nobody
20
will be able to use that beach at all.
And the
21
Portofino Tower shadow does cast a -- Portofino
22
shadow does go up to Penrod's at this point.
23
I think that in any future projects like
24
this there should be a requirement that people
25
do real sun studies, real shadow studies, and
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they should be done for every 45 days during the
2
year, not just at the equinox and the solstice.
3
They should be done every two hours of the day
4
and they should show the impact both to the east
5
and to the west, because there is also going to
6
be an enormous impact to the east both in the
7
summer and the winter from these buildings
8
during the early part of the morning.
9
MR. GROSS:
West, I think you mean.
10
MS. BRECKAM:
To the west, yeah.
And even
11
though the attorneys say, well, the shadows are
12
going to be on the ocean, they are going to hit
13
the beach before the ocean.
You can't be that
14
simplistic about it.
So I think because that
15
affects the tourism industry, it affects every
16
resident of the Beach, it affects our image, it
17
affects our world status, that it should be
18
taken into consideration and that, as was
19
previously stated, there should be a new concept
20
for this site.
That is a low-rise concept.
21
MR. GROSS:
Thank you, Erica.
Next
22
speaker, please.
23
MS. KELSTEIN:
Bea Kelstein, and I don't
24
want to get into the formal details of this
25
because the whole thing is a lot of nonsense.
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Everybody knows everywhere we don't need special
2
people to come in to tell us that a 50-foot
3
story building, 50-story building is going to
4
cast shadows on all the little buildings around
5
it.
You don't have to be a genious for this.
6
You don't have to be a consultant.
You don't
7
have to be a connoisseur.
Let's be honest about
8
this and quit playing games.
9
This is detrimental to everything that
10
exists on the Beach, the entire image that the
11
Beach ever created. We were a tourist city and
12
this is where we were at.
Anyone wants to come
13
and be part of our tourist city, let them
14
conform to the rest of the community.
There is
15
no reason for this nonsense to be going on and
16
this foolish conversation to go on.
17
Everybody knows it's taxing to every supply
18
that we need to live with here, be it water or
19
sewage or garbage or police or fire department
20
or anything else.
You don't have to be a
21
genious to know that or be told that.
22
I just came across the causeway.
The
23
McArthur Causeway is so overcrowded with
24
traffic.
A ride that should take five minutes,
ten minutes max, took over an hour.
What is it
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you are doing to this community? Don't you
2
people have any interest or any care about
3
what's going to happen? Don't you have any
4
foresight? Don't you exercise any foresight?
5
What is wrong with you?
I am not interested in
6
all this legal gobbledy-gook.
I don't care what
7
it's supposed to be.
I don't want to hear any
8
of this.
9
I see people sitting here that I have never
10
seen before.
How
I don't know their names.
11
much do they know about the city, and they are
12
making decisions for 90,000 people out here.
We
13
are only 90,000, even though you are told it's a
14
hundred, but 90,000 people have to live and have
15
their lives destroyed and their investments
16
destroyed and their homes destroyed because of a
17
handful of people that are doing things that are
18
totally out of line.
A chairman who sits here
19
and is a lobbyist across the street, come on,
20
give me a break.
Quit it.
21
MR. GROSS:
Thank you, Bea.
Next speaker,
22
please.
23
MS. KELSTEIN:
I know you appreciated
24
that.
25
MS. TURNER:
Mr. Chairman, if I may, I just
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wanted to make a comment for the record and
2
remind the board, I'm sure you've heard it many
3
times before, but height in and of itself is not
4
a criteria of what this board must consider or
5
the criteria set forth and as stated the zoning
6
ordinance.
7
MR. GROSS:
Okay, thank you.
8
Mr. Kaye?
9
MR. KAYE:
Henry Kaye, president of
10
Kaslov Condominiums.
There is only one area
11
that concerns me, and it's a generic one once
12
again.
I have been informed that this board
13
must not give any approval unless there is
14
absolute concurrency, and I have been sitting
15
here and reading somewhat on some of the details
16
where there are questions of concurrency, and I
17
would like to have that answer given to me now.
18
Can this board make any decision when there is
19
not absolute concurrency on a project?
Can
20
anyone answer that?
21
MR. GROSS:
I think that the answer that we
22
have been given is that as long as the final
23
determination of concurrency is made at the time
24
the building permit is issued because some
25
projects that are on the board now mayor may
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not get approved, so you can't make that
2
determination now. The determination gets made
3
at the time the building permit is going to be
4
issued.
We have taken the position and the City
5
I think just revised its zoning ordinance to
6
provide that where remediation is required,
7
because a project will not meet concurrency,
8
that there has to be a remediation plan in
9
effect that the commission approves before it
10
can move forward.
11
MR. MOODY:
Before the building permit is
12
issued.
13
MR. GROSS:
Before the building permit is
14
issued.
15
MR. MOODY:
Historically this board has
16
almost every project it has approved has
17
technically not met concurrency at the time that
18
the project is approved, but it does have to
19
meet concurrency before a building permit is
20
actually issued.
21
MR. CYPEN:
Every project we have has --
22
MR. GROSS:
What he meant is that every
23
approval we give is subject to concurrency.
24
MR. CYPEN:
That's not what he said.
25
MR. GROSS:
I know.
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MR. CYPEN:
The way I understand it is if
2
it's clear there is no concurrency when it's
3
before us, we don't approve it, or at least I
4
don't approve it.
5
MR. GROSS:
Unless there's a plan of
6
remediation.
In other words, if the consultant
7
came and said, this is out. This is not within
8
the bounds of the com plan, then there would be
9
a remediation plan that would be agreed --
10
MR. CYPEN:
Let's assume somebody came
11
before us and there was no concurrency and no
12
remediation plan. We don't approve it.
13
MR. MOODY: You have already approved
14
three.
15
MR. CYPEN:
Maybe over my objection.
16
MR. GROSS:
No, I don't think we have.
17
MR. MOODY:
Morton Towers, Venetian
18
Tower and --
19
MR. CYPEN:
With no plan of remediation?
20
MR. MOODY:
and the remediation plan is
21
still in the middle of being approved.
They
will not get a building permit until the --
MR. KAYE:
If I may have your attention for
a moment, I think that perhaps inadvertently,
not inadvertently, I put my finger on something
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that has been missed, and that is the what,
2
where and when.
Is this board
does this
3
board have a mandate not to approve anything
4
that doesn't have the proper background and the
5
proper base and the proper foundation? And if
6
it doesn't, and if it doesn't, then the items
7
should not be brought before the board.
8
Otherwise, it is confusing.
9
The people, if I were sitting there, I
10
would assume that everything or at least be
11
inclined to assume that all those elements have
12
been examined and are in place, but ostensibly
13
they are not.
And this is why it may be very
14
confusing to all of you and the burden of guilt
cannot be necessarily placed, but I do implore
you that you pay attention.
MR. GROSS: Henry, I'll tell you why it
can't be done that way. There are 50 projects
that are presented to this board. 20 of them or
15
16
17
18
ten of them may get built, so you don't know
which ones those are.
And different ones move
forward at different speeds, so at the time that
they want to get a building permit, it's at that
time based on what people actually are going to
get a permit to build that the determination
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ultimately has to be made.
You can't make that
2
determination.
If we based it on all the
3
projects that were submitted to this design
4
review board assuming that they were all built
5
nothing would happen, but that's not the
6
reality.
People present projects to us all the
7
time that don't get built.
This project may not
8
get built.
9
MR. KAYE:
I concur, but wouldn't it then,
10
what you just said at least to my logic follows
11
that your work would be that much easier if you
12
were to deal only with those projects that are
13
substantially committed to build that have all
the possibilities and likelihood to be built,
your work would be --
MR. CYPEN:
There's no way to know that,
but I disagree.
I think that concurrency is a
two-step procedure.
I think it has to get over
us preliminarily and if at the time of the
building permit there is no concurrency, they
don't get a building permit.
MR. KAYE:
There are too many what if's.
When people come to a very significant decision
that this board has to make, it seems to me
there are too many what if's.
What if they
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don't build? What if there is no concurrency
2
and they don't get a permit, then they
3
definitely don't build, et cetera, et cetera,
4
and there are tens and hundreds, thousands of
5
hours a year dedicated to things that probably
6
will never happen because
7
That's possible, Henry.
They
MR. GROSS:
8
may not get financing either.
I mean, there's
9
lots of things --
10
Half the projects don't get
MR. CYPEN:
11
built even with concurrency.
12
I don't want to take up that
MR. KAYE:
13
much more precious time, but it has been my
14
impression recently that unless there is
15
concurrency, that this board may not or must not
16
give approval and then wait for the permit.
17
Thank you.
18
Thank you.
MR. GROSS:
Next speaker,
19
please.
20
MR. BASS:
Mr. Chairman, members of the
21
board, Jeffrey Bass is my name.
46 S. W. First
22
Street is my address.
I am here representing
23
today Mr. Jerry Blair individually; who is the
24
owner of real property located at 300 South
25
Pointe Drive.
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I would like to begin by reincorporating
2
into this record, as Mr. Schulman did, the
3
comments from the previous hearing, particularly
4
those comments made by my partner John Shubin.
5
I am going to speak clearly now so that he can
6
hear me on his vacation wherever he may be if
7
he's watching.
And I appreciate him leaving me
8
with this.
I would also like to not repeat many
9
of the other comments made today by the other
10
members of the public but adopt them.
11
Basically I think the most prudent piece of
12
advice or statement anybody made today were
13
those comments made by your staff that they
14
should be deferred to a date certain in order to
15
first resolve the threshold issues regarding the
16
joinder and the lot split.
Threshold issues
17
should always be addressed first because they
18
will fundamentally change everybody's
19
assumptions about this project.
So today really
20
we want to reiterate the concerns raised by your
21
director Mr. Dean Grandon through
22
correspondence, and I would like those
23
correspondence to be part of the record and I'm
24
sure they already are, on the issue of whether a
25
lot split is needed, because if it is, we may be
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faced with entirely different assumptions and
2
whether joinder is needed by the balance of the
3
property owners, because if that is, our
4
assumptions may be different.
5
We believe you need to take these into
6
account before you deliberate today because the
7
conditions which you impose may be impacted by
8
those and it would be really putting the cart
9
before the horse to take any definitive action
10
before any part of those issues be resolved, so
11
thank you, and I would urge that this matter be
12
deferred for those reasons.
13
Okay.
Next
Thank you.
MR. GROSS:
14
speaker, please.
15
MR. RESNICK:
Good afternoon everybody.
As
16
you probably --
17
Just introduce yourself for the
MR. GROSS:
18
record.
19
Edward Resnick.
MR. RESNICK:
I live in
20
South pointe Tower.
I am presently the
21
president of the South Pointe Tower Condominium
22
Association.
As of today I am still the
23
president of the South PointeMaster
24
Association.
And the attorney that just
25
appeared before you represents the president of
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the Portofino Tower Condominium Associates.
2
I think all of you probably know me.
And
3
contrary to public opinion, I think I can get
4
re-elected in my building and everybody that is
5
on the east side of my building will vote for me
6
almost I think, and I just want to read to you
7
something.
8
For those of you who are not politically
9
attuned, the reason I am telling you this is
10
because there is a rumor spreading in town, has
11
been since last April that I am on the payroll
12
of Portofino and probably now on the payroll of
13
Bruce Eichner, but I can tell you I didn't get
14
my check for the last seven months, but
15
nevertheless I am here today.
16
I worked on the Portofino transaction for
17
this city.
I was the chairman of that
18
committee.
At the request of two commissioners,
19
one of who is now the mayor, the other a lady is
20
Nancy Liebman, we hired Elizabeth Clader
21
Zeiburt, who is the dean of architecture of the
22
University of Miami.
Even if they hadn't
23
suggested her, we would have.
When I say "we,"
24
I mean South pointe Advisory Committee, because
25
I was the chairman of the South pointe Advisory
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Committee for almost six years.
And together
2
with Elizabeth and Sasaki Associates and Richard
3
~..
Galehouse, we worked up some model design
4
guidelines for the then property on Alton Road
5
and South Pointe Drive that were part of the
6
Portofino-transaction.
Had nothing to do with
7
the Ocean Parcel at that point.
And Nancy was
8
very involved in this.
9
And I just went back into my records and I
10
want to read to you architectural standards of
11
style.
Building design including the building
12
character building configuration, scale and
13
building materials shall be designed to promote
14
the city's specific character and shall be
15
compatible with Mediterranean, Art Deco and
16
modern styles.
17
A structure of our time should be
18
encouraged.
And that was a plan that was
19
modeled, worked on by planning and zoning, and
20
hopefully we were going to build that design
21
guideline as a model into the city.
And we
22
would have required that every apartment house
23
have habitable space around it, and Charles
24
Schaab said something today and he and I have
25
never agreed about anything, and I agree about
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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this, which is any structure that has habitable
2
space instead of garages fronting on the street
3
is much nicer, much more friendlier.
4
Now, I think these build~ngs are beautiful,
5
the three of them.
And when I read the staff
6
report, it tells me even if I didn't know who
7
designed them that that's as good as it really
8
gets and we probably have one of the ten or 20
9
top architects in the world that has designed
10
this.
Now obviously he had to design a lot of
11
square footage, but he designed it I think in a
12
very sensible, sensitive way.
13
Look at my building, South pointe Tower.
14
The floor plate on that building is 12,000 feet
15
per floor.
Now look at the building next to it,
16
which is almost twice as tall.
It is 17,000
17
feet per floor.
And I think it's
It's massive.
18
gorgeous and I live right next to it.
And it
19
doesn't bother me a bit and it really doesn't
20
bother most of the people that live where we
live because i1 it did they just wouldn't be
21
22
there.
23
Now look at these three buildings.
The
24
floor plate on those three buildings are 12,000
25
feet, same as South Pointe Tower.
I don't think
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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you can build a building with high priced
2
apartments with a floor plate really less than
3
12,000 feet unless we go to Fisher Island and we
4
take one of those last buildings and the
5
building that is right on the tip of the cut.
6
That's got a floor plate of over 30,000 feet.
7
So let's say that we do what some of the
8
people here wanted us to do.
Only have a
9
building 20 or 24 stories and it's 30,000 square
10
feet of floor plate.
And they build a million
11
seven, a million six.
I'm going to be totally
12
blocked.
My apartment faces
Not just me.
13
east.
I am one of those hundred people in South
14
pointe Tower that is most impacted by this.
I
15
know that in this design I as much as I can
16
minimize the impact against me.
My building is
17
20 stories tall.
18
Hold on a .second.
MR. GROSS:
They need to
19
change the tape.
20
MR. RESNICK:
My building is only 23
21
stories tall.
Whatever gets built there.
22
Everybody in South Pointe Tower is impacted,
23
blocked off.
Portofino Tower, if you get above
24
20 stories, then everybody above that can see
25
it.
Probably never happen.
They will be open.
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We are more impacted by them.
2
Next thing, this -- well, let me start this
3
way. I promised I wouldn't trash anybody
4
today. I promised my wife when I left today.
5
I used to be a member of the South Pointe
6
Coalition.
They
I am not, obviously, anymore.
7
were going to save Miami Beach and save our
8
neighborhood.
And Save Miami Beach chairman was
9
also going to save our neighborhood.
And the
10
present commission was elected primarily on
11
controlled growth, which sounds to me like a
12
code word for really no growth, but we won't go
13
into that.
And the next thing is that they were
14
supposed to save my neighborhood.
And most of
15
the people won't agree with me in this room, but
16
if I could get the people in my building to come
17
down, and, believe me, they won't because they
18
don't get involved that much, but if I could get
19
them to come before you, you haven't done
20
anything as a board for our quality of life in
21
my building or in Portofino Tower.
You people
22
have insisted and I think William Cary and Dean
23
Grandon are fine people.
They are'
24
professional.
I
I agree with them generally.
25
absolutely disagree with Dean on this one.
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We don't want a pedestrian walkway into the
2
park.
It's not a walkway.
It's 50 feet wide.
3
It's a speedway.
Talk to somebody that lives
4
overlooking the park on Friday night at 1:00 or
5
2:00 or Saturday night or Sunday night and watch
6
the teenage gangs in the park partying, throwing
7
bottles and racing, and then watch the
8
frustration when they wake you up at night and
9
you call the police department and generally
10
they will tell you, well, it's noise, call code
11
compliance.
When you finally convince them it's
12
not code compliance, it's police, you're lucky
13
if you get 24 minutes for them to get there.
I
14
don't think you have helped us one bit.
15
That park is a crap hole.
I'm sorry to
16
tell you that.
It should be the most gorgeous
17
piece of land on Miami Beach and nobody will go
18
there.
And the only thing that might save it
19
right now is the fact that this city had the
20
good sense to work out an arrangement for Smith
21
& Wollensky to open a restaurant and they put in
22
security guards and are helping.
23
But I can tell you, if we had a pedestrian
24
walkway, it's erasing the area.
We don't want
25
more access into the park.
Ten years from now
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if I'm still here will still be saying there is
2
not enough police and all you are doing is
3
creating another entrance into the park.
We
4
have got one entrance at Washington Avenue.
You
5
want to make it nicer, make it nicer. We don't
6
need any more entrances into the park. We don't
7
need pedestrian access into the park.
8
Last thing, I bought South Pointe Tower in
9
1988.
I was shown a piece of property that
10
stretched from Washington Avenue to the ocean.
11
I was shown, as was everybody else, five
12
buildings, all high-rise, one next to me where
13
Portofino Tower was and three on the Ocean
14
Parcel.
They were varying heights.
I liked
15
it.
I think everybody that moved there liked
16
it.
17
This is one lot.
I'm not talking legally.
18
It should be designed as one by creating a
19
road.
To me 50 feet is a road.
You have
20
divided it.
One side doesn't relate to the
21
other.
What have you done for me and my
22
neighbors and friends? Why don't you do away
23
with the driveway.
Let me speak to Portofino
24
and Bruce Eichner.
I have tried to do this with Portofino
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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Tower but we just don't seem to be able to
2
communicate.
I want to expand our garage to the
3
south where our tennis courts are.
Just look at
4
the tennis courts.
If we now expand duplicate
5
those two tennis courts just to the south, I
6
will add two more tennis courts so there will be
7
four tennis courts for all these buildings.
8
Believe me, it works.
We have two for our two
9
buildings. It works.
And if I do that, on the
10
third floor I will add a hundred and four
11
parking spaces.
And if you do that for us, you
12
have really done something for us, but otherwise
13
you really haven't helped us.
You have made our
14
situation worse.
15
Okay.
MR. GROSS:
Thank you, Ed.
16
Any other statements?
17
MR. BASS:
I just need to clarify something
18
for Mr. Resnick because he made comments about
19
all of the other people in his building.
I just
20
want it to be clear on the record whether he was
21
here as an individual citizen or in
22
representative capacity representing all of the
23
unit owners in the building where he lives.
24
MR. RESNICK: I am here as an individual.
25
MR. GROSS: Thank you.
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MS. WISS:
Saul, I would just like one
2
moment to respond to something else that Mr.
3
Resnick said and that has to do with Elizabeth
4
Clader Zeiburt, whom we all very much respect.
5
I had the good fortune of meeting with her this
6
summer on I believe several occasions, and I
7
think one time was after Portofino had
8
terminated the agreement, and at that time we
9
talked about the experience that she had had and
10
we had had, and she said, you know, this is a
11
great opportunity we have now, because now we
12
have a building and now we can assess what we
13
only saw on paper and in models.
Now we have
14
Portofino Tower and now we should revisit what
15
to do with the rest of it, and I think that
16
that's very good advice and I hope that that
17
most recent comment would be taken to heart.
18
Thank you.
MR. GROSS:
Other comment?
19
Gil Zirney.
MR. ZIRNEY:
327 Jefferson
20
Avenue.
21
There is a club in South Pointe.
It's
22
called Club Amnesia, in case you have
23
forgotten.
Ha ha.
24
They had a very successful opening.
It was
25
complete gridlock because South Pointe does come
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to a point.
Everything that
It's a cul-de-sac.
2
feeds in and out of South Pointe goes on 5th
3
Street.
4
I saw someone injured on the beach when we
5
had a kite gathering, kite flying gathering.
It
6
took 45 minutes for paramedics to get to this
7
unconscious person that was hit by a kite.
For
8
this developer to say that there is no problem
9
with traffic is ludicrous.
We have problems
10
with traffic and we have buildings that have
11
been built that have caused problems with
12
traffic.
13
Let's talk about something else that's been
14
built.
One of the last times I was here talking
15
about the Portofino Tower.
We talked about this
16
tall slender structure that wasn't going to look
17
as massive as South Pointe Tower.
That building
18
that's almost hidden by it for most of the
19
beach.
South Pointe Tower should not have been
20
built and this tower should not be built, but
21
I'm voting for it.
22
MR. GROSS:
You mean Portofino Tower
23
shouldn't have been built?
24
MR. ZIRNEY:
I'm quoting Mr. Ed Resnick
25
when he said South Pointe Tower should not have
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been built.
This tower, Portofino Tower, should
2
not be built but I am voting for it.
3
How many of you have been to the beach
4
during this holiday?
I mean the beach, the
5
place with the sand.
Any of you hit the beach
6
this weekend or this holiday season?
Not a
7
single person going to the beach looks for
8
shade.
That's enough.
9
MR. GROSS:
Thank you, Gil.
Next speaker.
10
I would like to take board comment and then
11
I will give you a chance at the end to respond,
12
Mr. Schulman.
13
Board comment?
I know you have taken to
14
drinking coffee to try to stay warm, but we are
15
open for comment.
16
MR. BLITSTEIN:
Before I was on this board,
17
I had the opportunity to work on a project
18
across the street which for me was very
19
important.
As I watched Portofino Tower go up,
20
notwithstanding the size I always said to
21
myself, how did they allow that particular
22
building to be built and I didn't know much
23
about it.
So as a critic of what was going on I
24
said well, if the chance ever came, maybe I
25
would have the opportunity to voice my opinion.
I
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And I was appointed to this board, and 10 and
2
behold I have had a chance to voice my opinion.
3
It's very difficult for any architect to
4
react to someone like Helmut Jahn because he is
5
a man of world reknown and of very high stature
6
and has designed some of the most important
7
buildings in the world and to hear him speak and
8
to be able to sit on the other side was
9
something that as I watched him build his
10
projects I never thought that day would come
11
certainly not for me to be able to comment on
12
his work because I have always loved his work,
13
but from the first time I have seen these
14
building even though they are beautifully
15
articulated and I absolutely love his work, I
16
have always felt that contextually these
17
buildings don't belong in Miami Beach.
And
18
although the drawings are absolutely beautiful
19
and the model is beautiful and the urban
20
solution, whether we pick at it and whether we
21
find it, we need to do an item or not an item,
22
the main issue here for me as an architect is do
23
I accept the design of these three buildings,
24
notwithstanding the height and the massing and
25
so forth, do I accept them as a design premise?
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And for me as somebody who has lived in this
2
city and lived in South Florida all my life, I
3
cannot.
4
I find it very difficult even though they
5
are absolutely beautiful and elegant, I find
6
them totally out of context with Miami Beach,
7
and it's very difficult for someone to who has
8
admired someone else's work the way I have for
9
so many years, to make that opinion it's very
10
difficult, but I cannot.
You cannot give a
11
specific remark, change the balcony or do this
12
or do that because it's all sort of irrelevant.
13
It's a composition.
And I would not be so
14
arrogant as to ask him to change the
15
composition.
I just don't agree with this
16
composition on this site.
17
MR. GROSS:
Thank you, Peter.
18
Other board comment?
19
I will make a comment.
The part that's
20
troubling me, and I know I have been advised by
21
the city attorney that I'm supposed to be silent
22
on the issue as to whether this is a single lot
23
or whether the lot should split or whatever, but
24
it seems to me right now the way it's been
25
submitted it's one project.
There's one
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applicant.
It's we have to look at these new
2
buildings as they relate to the balance of the
3
site, which is Portofino and South Pointe Tower,
4
and it seems to me that the massing of the
5
project is overly concentrated on the east end
6
when it's viewed as one entire site.
I think if
7
someone were master planning this as a site from
8
the beginning, the mass of the project would be
9
more evenly distributed over the site.
And
10
viewed in that light I find it overly weighted
11
on the east end of the project, and so, you
12
know, I can't approve it in this stage because I
13
don't think that it's equally distributed over
14
the project.
15
Francisco?
16
MR. GARCIA: I think probably the easiest
17
thing to do is, in fact, to continue it pending
18
the resolution of this issue.
However, and
19
having heard I think unanimous praise for the
20
design and site planning of this particular
21
project, that notwithstanding, it might be that
22
in this situation unlike in many situations the
23
fairest thing to the applicant might be to tell
24
them unequivocally that this project as it has
25
been presented to us based on the design premise
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it is based on and given that I think to a
2
largest extent we all agree it is really not
3
contextual, the fairest thing might be that one
4
of us, and I would be happy to do it, move to
5
deny the project as it has been presented
6
letting them know how we feel and letting them
7
take stock then and follow suit as they will.
8
If it considers the board as such, I would be
9
happy to make that motion.
10
MR. GROSS:
First of all, I want to give
11
Mr. Schulman a chance to respond before you made
12
that motion, but expand upon why you feel that
13
you would possibly make a motion to deny.
You
14
are talking about the factors that Mr. Blitstein
15
was discussing and terms of the design fabric?
16
MR. GARCIA:
I think again this is an
17
unusual situation.
I know we typically don't do
18
this because we tend to feel appropriately so
19
that it is not constructiv~ to do so.
I think
20
the evidence before this board tonight has been
21
overwhelming, and I think most everyone is on
22
point and I happen to agree with many of the
23
comments that were made with regards to this
24
particular issue.
The evidence again is
25
overwhelming that this project fails to capture
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the essence of what Miami Beach is all'about.
I
2
feel that that being the case and not wanting to
3
be redundant and reiterate what everyone else
4
has so eloquently said, that being the case,
5
really our duty is then to let them know to deny
6
the proposal as it presently stands and move
7
forward.
8
MR. GROSS:
Okay.
Just for the record's
9
sake, I would like you to repeat some of the
10
items which you find most compelling that you
11
might find as a basis for that statement.
12
MS. TURNER:
Mr. Chairman, if I may just
13
elaborate upon that if you were going to move to
14
deny as opposed
15
MR. GROSS:
I'm not saying that's what we
16
are going to do.
I'm just trying to --
17
MR. CYPEN:
Let her make her point.
I want
18
to hear her point.
19
MS. TURNER:
If that would be the motion as
20
opposed to a continuance or something, then you
21
would need to set forth specifically the exact
22
reasons following the criteria as set forth in
23
the code the reasons why the denial is
24
appropriate.
25
Right.
MR. GROSS:
That's what I'm trying
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to find out.
2
MR. GARCIA:
I think you can simply take
3
care of that by, A, incorporating into my motion
4
every single comment staff has made in their
5
analysis, I support it, I agree with it fully,
6
and I think that in and of itself would be
7
sufficient to support a motion of denial.
Above
8
and beyond that and if you want to capture it
9
all in its very essence, this proposal as it is
10
presently before us simply is not conceptual and
11
all that entails, and I won't presume that I am
12
in any better position to explain it better than
13
the applicants themselves who I'm sure are aware
14
of all the designers involved.
And that being
15
the case again, and any iterations, derivations,
16
revisions of this project as they stand if the
17
premise is these will be three gigantic,
18
monolithic fairly and articulated as one views
19
them in context structures, then I simply as one
20
member of this board cannot stand for it and
21
that is the reason why I would make such a
22
motion.
23
MR. GROSS:
Okay.
Other board comment?
24
Steve?
25
MR. CYPEN:
I would second that motion if
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you want to make it.
2
MR. GROSS:
Well, not yet.
Suzanne?
3
MS. MARTINSON:
I mean,
I want to comment.
4
what I have to say is pretty redundant as far as
5
the other members in holding Helmut Jahn in very
6
high regard and coming from a modernist
7
background and finally having somebody of world
8
caliber presenting us with a building that Miami
9
could call its own, but it's unfortunately in
10
the wrong site and the wrong location.
If it
11
was across Biscayne Bay and downtown Miami, I
12
would be jumping with glee, but I have been
13
wrestling with this since we first saw these
14
buildings come before us and I just I can't vote
15
in favor of them because of it's a scale issue
16
and a contextual issue and the amenities that
17
are destroyed for the citizens and users of the
18
beach and air quality, life quality, et cetera.
19
MR. GROSS:
Okay.
Mr. Schulman, I want to
20
give you a chance to rebut.
21
Mr. Chairman, members of the
MR. SCHULMAN:
22
board, I don't think deferral ever looked so
23
good to me.
We in the best of good faith put
24
together what staff indicated in their report,
25
which I strongly agree with -- see how quickly
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he changes -- a vision of the future.
And what
2
we did with Mr. Jahn, who I will be the first
3
one to tell you is one of the ten best living
4
architects in the world, not ten to 20.
We put
5
together the best team that we could to look
6
toward the future and recognize that a viable
7
entity that is living, living, grows, evolves
8
and develops; that when you fail to look
9
forward, when you fail to live and you fail to
10
grow and challenge yourselves to the future,
11
then you have committed yourselves conceivably
12
to death or atrophy.
And Mr. Jahn, I think, and
13
I don't think he would say it, but I will,
14
looked to the future and tried to say what the
15
future of this particular parcel should be. He
16
looked uniquely at a piece of proper and it is
17
unique and I will tell you right now and I will
18
testify for him, he would not build or design
19
this for Chicago, for New York City or for
20
downtown Miami because this project is unique.
21
It takes advantage of the ocean and all of the
22
breezes.
But I understand the board's
23
concerns.
But, again, the vision of, if you
24
will, compatibility is a vision that this board
25
not necessarily each and every member that is
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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now presently here determined was Portofino
2
And that was a compatibility contextual
Tower.
3
approval of site which is zoned for high-rise
4
CPS III, 3.5 FAR development.
That's what was
5
determined to be it.
6
On the balance of the site issue, the
7
original plan for this site I indicated to you
8
balanced it in a unified plan of development
9
with 68 percent of the development on the ocean
10
side and 32 percent on the west side.
This plan
11
before you is 64 percent less on the east side
12
than was originally approved through the design
13
review process and the city commission and,
14
therefore, really does balance the site.
15
From a concurrency point of view, we have
16
submitted the data in reports that we believe
17
are voluminous.
We have submitted data not only
18
from our own traffic consultant but David
19
Plummer & Associates on traffic indicating
20
concurrency is met as well as all of the other
21
concurrency standards.
We clearly have
22
addressed those issues.
23
We have tried to address again
24
architecturally every issue that the staff and
25
the board has raised regarding trying to bring
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the people to the park, and I think we have done
2
that well, if not in Mr. Resnick's opinion, too
3
darn well.
So we understand that concern, but
4
we understand there was movement toward that.
5
This site is going to get developed, folks.
25
6
stories or 44 stories of high-rise multiple
7
family development.
8
We did the shadow studies.
We showed you
9
any building on this site is going to throw a
10
shadow, and we showed you the shadow studies.
11
Any building on the ocean is going to throw a
12
shadow.
If shadow was the criteria, and the
13
Supreme Court of Florida has said you cannot use
14
shadow as a criteria, but if that was a criteria
15
then nothing that presently exists in Miami
16
Beach would be there on the ocean.
And, by the
17
way, some people might applaud that.
I.
18
understand that, but it is.
So nothing would be
19
built here.
20
Shorter, squatter buildings make fatter
21
shadows that last longer.
Skinnier buildings
22
make taller shadows or longer shadows but they
23
move quicker.
So we addressed that in our
24
shadow study and we did, in fact, submit shadow
25
studies to the City and the board.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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1
We are obviously looking for board action
2
but we want the ability to reflect upon the
3
board's comments which have been exceedingly
4
directed and very specific and evaluate those
5
comments in light of our presentation and,
6
therefore, we would respectfully request that
7
the board do continue this matter until March
8
10th at which time we would anticipate Mr.
9
Grandon's final opinion will be done and we will
10
have our final answer on what other changes, if
11
any, in the design of the plan that the owner is
12
willing to make in order to try to address the
13
board's concerns.
But clearly we believe we
14
would hope that the board believed that this is
15
not a vision of the past.
It is not a look
16
merely across the street.
It's a look beyond.
17
And whether Miami Beach likes it or not, we are
18
going to be entering the 21st century.
I mean,
19
it's going to happen.
It'S going to be there.
20
And the real question is is Miami Beach going to
21
be there.
We would
Thank you for your concern.
22
respectfully request that the matter be
23
continued to March 10th.
24
Thank you.
MR. GROSS:
I don't think the
25
question is whether we are going to be entering
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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1
the 21st century.
I think the question is what
2
the vision is for the 21st century.
There's a
3
difference of opinion perhaps as to what that
4
might look like.
5
MR. CYPEN:
I would like to make a motion.
6
Since this may be subject to some legal
7
challenge, could I take a shot at it? And I
8
don't think it's fair to continue it when I
9
think anything along the lines that's been
10
presented is not going to get approved. I think
11
continuing it to come back and start allover
12
again is really not fair.
I agree with
13
Francisco.
14
I move that the application be denied on
15
the following grounds:
Number 1, that the
16
application is inconsistent with the city zoning
17
ordinance as listed in Numbers 1 through 7 of
18
the staff report and that inconsistency exists
19
whether there is one parcel or it's split.
20
Either way, we have been told it's inconsistent
21
with the zoning ordinance, at least this
22
particular application.
23
Number 2, it has not been demonstrated that
24
the concurrency requirements of Section 22 of
25
the zoning ordinance have been met.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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Number 3, that the following design
2
criteria have not been satisfied.
3
Slow down, Steve.
I think you
MR. GROSS:
4
are reading too fast for the people who are
5
writing.
6
There's a court reporter here.
MR. CYPEN:
7
No, I know, but Tom has to....
MR. GROSS:
8
Okay.
In addition, the
MR. CYPEN:
9
following design review criteria have not been
10
satisfied and complied with:
11
Number 2, which is the location of all
12
existing and proposed buildings, drives, parking
13
spaces, walkways, means of ingress and egress,
14
drainage facilities, utility services,
15
landscaping structures, signs and lightings and
16
screening devices.
17
Two, the dimensions of all building
18
structure setbacks, parking spaces, floor area
19
ratio, height, lot coverage, and any other
20
information that is necessary for us to
21
determine compliance with the ordinance.
22
Four, the color design selection of
23
landscape materials and architectural elements
24
of exterior building surfaces and primary public
25
interior areas for developments requiring a
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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(305) 373-9997
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building permit in the areas of the city
2
identified in Subsection B of that section.
3
MS. TURNER:
Excuse me, Mr. Cypen.
You
4
just mentioned that as Number 4.
I think you
5
are renumbering them, and that would be Number 3
6
under your system of numbering.
7
MR. GROSS:
He means design guidelines
8
MR. CYPEN:
I'm not listing them in my
9
numbers.
I'm listing the design criteria
10
numbers so there won't be any confusion.
That
11
is the Design Criteria No.4.
It may be Three
12
on my list because One was satisfied.
13
Design Criteria No.5, the proposed
14
structure is not in conformity with the
15
standards of the ordinance and other applicable
16
ordinances, architectural and design guidelines
17
and plans insofar as the location and appearance
18
and design of the buildings and structures are
19
involved.
20
Design Criteria No.6, that the proposed
21
structure does not indicate a sensitivity to and
22
is not compatible with the environment and
23
adjacent structures and does not enhance the
24
appearance of the surrounding properties.
25
Design Criteria No.7, design and layout of
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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(305) 373-9997
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the buildings has been reviewed and does not
2
provide an efficient arrangement of land uses
3
and that we have paid particular attention to
4
safety, crime prevention and fire protection in
5
relationship to the surrounding neighborhood and
6
impact on contiguous adjacent buildings and
7
lands, pedestrian site lines and review
8
corridors.
9
Design Criteria No. 8 has not been
10
satisfied.
pedestrian and vehicular traffic
11
movement within and adjacent to the site has
12
been reviewed, and it cannot be insured that all
13
parking spaces are usable and are safely and
14
conveniently arranged.
Access to the site from
15
adjacent roads has not been designed so as not
16
to interfere as little as possible-- so as not
17
to interfere
so as not to interfere as little
18
as possible with traffic flow on those roads and
19
to permit vehicles a rapid and safe ingress and
20
egress to the site.
21
Design Criteria No. 10, the landscaping and
22
paving materials do not insure an adequate
23
relationship with and enhancement of the overall
24
site plan design.
25
Design Criteria No. 11, buffering
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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1
materials.
2
Steve, I don't know that you
MR. GROSS:
3
have to read each design criteria in its
4
entirety.
5
They are supposed to.
If
MR. MOODY:
6
you're going to set forth reasons for denial,
7
you have to set them forth in writing, so I
8
would suggest that Steve do it.
9
MR. CYPHEN:
There are some administrative
10
law cases and so forth.
Design Criteria No. 11,
11
buffering materials do not insure that
12
headlights of vehicles, noise and lights
13
obstructions are adequately shielded from public
14
view in pedestrian areas.
That is Design
15
Criteria No. 11 has not been satisfied.
16
Design Criteria No. 12 has not been
17
satisfied.
Storm drainage, sanitary waste
18
disposal and water supply are not considered to
19
be adequate for existing systems and need for
20
improvements both on site and off site to
21
adequately carry run-off and sewage and maintain
22
an adequate supply of water and sufficient
23
pressure has not been determined, has not been
24
satisfied.
25
Thirteen has not been satisfied.
Garbage
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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(305) 373-9997
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disposal does not insure freedom from vermin and
2
rodent infestation.
All disposal systems do not
3
meet municipal specifications as to installation
4
and construction.
5
Design Criteria No. 14, the overall project
6
does not comply with the City's comprehensive
7
plan or neighborhood plans that apply to or
8
affect the subject property.
That 'is my
9
motion.
10
Okay.
MR. GROSS:
Steve, there are certain
11
items where it says in the staff report
12
concurrency evaluation required, you are saying
13
in your motion that they are not satisfied.
Is
14
that the motion that you want to make or?
15
MR. CYPEN:
Yes, because the burden is on
16
the applicant to show that those things have
17
been complied with.
The applicant has the
18
burden in an administrative hearing to
19
demonstrate that.
It's not that we have the
20
burden to demonstrate an absence of it.
21
MR. GROSS:
They have said that they
22
submitted that and the City said that they
23
submitted it but haven't had a chance to
24
evaluate it, so I just want the record to be
25
clear.
Are you saying that in your opinion
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
J...,;
106
1
based on what has been submitted that it's not
2
adequate?
3
MR. CYPEN:
Yes.
4
Okay.
MR. GROSS:
But you haven't
5
personally reviewed it, so I'm not sure how you
6
can say that.
7
MR. CYPEN:
I am the finder of fact.
That
8
is my opinion based upon what I have heard and
9
what I have read and what I have seen.
10
Okay.
MR. GROSS:
That is Steve's motion.
11
Dogs anybody want to add to it or second it?
12
MR. GARCIA:
I would like to make a brief
13
statement and then second it, if I may.
The
14
architect has done an excellent job.
In fact,
15
he has done -- the team, I imagine, has done
16
their best.
The attorneys have done their job.
17
They have done their best.
This board and
18
particularly staff have done their best in
19
working with the applicant.
It is with respect
20
that I second the motion to deny this project.
21
Okay.
MR. GROSS:
Any further discussion?
22
All in favor of the motion signify by saying
23
aye.
24
THE BOARD:
Aye.
25
MR. GROSS:
Opposed?
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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(No verbal response)
2
MR. GROSS:
The application is denied.
3
MR. SCHULMAN:
Mr. Chairman, we would ask
4
that after the meeting if the clerk could mark
5
all of the boards and exhibits here with her
6
file number for preservation of the record so
7
that we may have that recorded.
8
Secondly, I've got another project.
9
MR. GROSS: I know you do.
10
MR. SCHULMAN:
Mr. Chairman, we would
11
incorporate the presentation that was made to
12
you into, what is the number?
I'm sorry.
13
MR. CYPEN:
9486.
14
MR. SCHULMAN:
Okay, which is the as a
15
right plan.
As I indicated to you from a review
16
of the record, you will find buildings which are
17
not as high.
The highest building in the as a
18
right plan is 420 feet.
Let me just make sure
19
my exact number.
20
MR. MOODY:
432.
21
MR. SCHULMAN:
432, which is permitted by
22
existing zoning.
We have indicated and designed
23
the plan in such a way that the side setbacks
24
and the rear setbacks are in compliance with the
25
zoning code as presently exists.
We believe the
H. ALLEN BENOWITZ & ASSOCIATES, INC.
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(305) 373-9997
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1
FAR and we have submitted data to the City
2
indicating compliance with the other zoning
3
criteria of the code.
We have submitted
4
simultaneously a concurrency study, both traffic
5
and all other concurrency elements. The major
6
difference in the plan is the buildings are
7
shorter.
They are closer to Portofino Tower and
8
the South Pointe Tower in order to~eet the
9
setback criterias with the rear setback.
10
MR. CYPEN:
And it blocks the view
11
corridor.
12
MR. SCHULMAN:
It blocks the view corridor,
13
correct.
There's no view corridor at the
14
It's a vacant lot.
moment.
It does not create
15
a view corridor.
What it does, it is a zoned
16
plan meeting the city code, which, by that
17
matter, mandates that there be no view corridor
18
because the buildings have to be closer than
19
they are now because of the rear setbacks.
We
20
would submit that plan to you for your
21
submission.
22
We have the same experts here. They can
23
answer any concurrency questions Mr. Cypen may
24
have goes to that data in the record. With the
25
utmost respect, it is uncontradicted in the
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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1
record and, therefore, we would request your
2
approval of the project.
3
MR. MOODY:
Mr. Chairman, staff would also
4
make the staff report for File No. 9486 a
5
permanent part of the record.
6
MR. SCHULMAN:
We would incorporate the
7
same exhibits just so it's all one ball of wax
8
where we're going.
9
MR. GROSS:
Debra, do we need to take new
10
public comment on this file or can we somehow
11
incorporate the comments?
12
MS. TURNER:
I would open it for public
13
comment.
14
MR. CYPEN:
I think we can tell the public
15
that we would incorporate that we have already
16
heard but they are not precluded from saying
17
something else.
18
Okay.
MR. GROSS:
Let's do that, then.
At
19
this time we will take public comment.
20
MR. BASS:
Just in an abundance of clarity,
21
Jeffrey Bass, 46 S. W. First Street representing
22
Jerry Blair in his individual capacity, and I
23
would like to reincorporate the comments made in
24
the previous item and the previous hearing into
25
the record of this.
Thank you.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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1
MR. GROSS:
Okay.
Other public comment?
2
I would like to make the same
MR. CYPEN:
3
motion but I would like to ask Mr. Schulman for
4
the sake of brevity based on those cases which
5
require administrative bodies to make specific
6
findings if you would consent to the fact that I
7
would make the same motion and I would go
8
through the staff report and read those same
9
things that do not comply opposed to doing that
10
in its entirety.
Just as to form.
11
MR. SCHULMAN:
I would stipulate as to the
12
form, obviously not the content.
13
MR. CYPEN:
Fine.
14
MR. GROSS:
And don't you want to add the
15
additional item, which is that the view
16
corridors, that this project doesn't create a
17
view corridor down Ocean Drive as an addition?
18
I think that that's
MR. CYPEN:
let me
19
just see here.
I think that that would be
20
covered by at least one of the, let's see..
21
MR. GROSS:
I mean, it wouldn't hurt to
22
state that with specificity because that is one
23
of the major factors that differentiates this
24
plan from the other one.
25
MR. MOODY:
Well, condition No. 7 addresses
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
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it because it says the towers, proposed siting
2
of the towers
3
Look at the last part of Seven,
MR. CYPEN:
4
Saul.
I'm
It has the view corridor in there.
5
going to make the same
6
Okay.
MR. GROSS:
Before you do that, I
7
just want to ask a question because you read
8
certain sections of the staff report which you
9
made a part of your prior motion that did not
10
generally incorporate the staff comments.
11
MR. CYPEN:
He had already done that.
12
MR. GROSS:
Who had?
13
MR. CYPEN:
He had already made the staff
14
report in the beginning a permanent part of the
15
record.
And what I want to do now is with the
16
concurrence, pardon the expression, by Mr.
17
Schulman, the consent, I want to make a motion
18
to deny without reading the particular substance
19
but following exactly the form I just did
20
insofar as following the staff report and the
21
particular items that make up the staff report
22
to deny on those grounds without having with his
23
consent the necessity of the reading all of
24
those things again.
He agrees to the form but
25
not the substance, obviously.
That's my motion.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
.~
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MR. GROSS:
2
that?
3
MS. TURNER:
4
Debra, are you comfortable with
Yes, as long as opposing
5
counsel has agreed that that's sufficient form.
MR. GROSS:
6
MR. CYPEN:
7
Okay.
Then that's --
He's not opposing counsel.
We
are not adversaries.
8
MS. TURNER:
9
counsel agrees.
10
MR. CYPEN:
11
MR. GROSS:
12
Cypen's motion?
13
MR. GARCIA:
14
MR. GROSS:
15
Well, whatever. Applicant's
Fine.
Okay.
Is there a second to Mr.
Second.
favor signify by saying aye.
Seconded by Francisco.
All in
16
THE BOARD:
17
MR. GROSS:
18
Aye.
Opposed?
(No verbal response)
19
MR. SCHULMAN:
20
Would it be possible for the board to take a
One last favor, if I might.
21
short break so that the clerk can initial and
22
number each one of these so we can get them out
23
of here and if we could be entrusted with the
24
custody or we will leave them with the clerk.
25
MR. CYPEN:
That's a problem.
That's a
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
.~
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1
public documents problem.
That's a Chapter 119
2
problem.
They're not going anywhere.
3
I understand.
I will do
MR. SCHULMAN:
4
whatever you want.
5
MR. CYPEN:
No.
That is the law.
6
MR. GROSS:
Tom's the custodian.
You
7
always take custody of the exhibits?
8
MR. MOODY:
The only time that we take
9
custody of the exhibits traditionally is when
10
the board has approved a project subject to any
11
exhibit being submitted.
In other words, if the
12
exhibit is contrary to what the plans before you
13
are.
Like if they submit elevations that are
14
different than the elevations that we have in
15
the file
16
MR. CYPEN:
That's a compliance issue.
17
This is a little bit different.
18
MR. MOODY:
This is different because this
19
is something that was denied.
20
MR. CYPEN:
He is entitled obviously to
21
make sure that they are in the record.
We are
22
entitled under Chapter 119 and obligated not to
23
give them up.
They can be reproduced.
24
MR. SCHULMAN:
I believe what you can do,
25
Mr. Cypen, and, again, you have been a city
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
,~,
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1
attorney I think longer than I was a county
2
attorney, I think with the consent with the City
3
they could entrust the exhibits to us once they
4
are marked and identified and then they would
5
still be a public record wherever they may be
6
located.
So it is not unusual when the City has
7
private experts or the consultants --
8
MR. CYPEN:
It's up to Debbie.' Chapter 119
9
doesn't say that.
10
MR. SCHULMAN:
I don't care if you want to
11
keep them,in your room here.
All
That's fine.
12
I wanted to do is if we can before we leave just
13
mark them and identify them and then --
14
Yeah, but the board -'doesn't
MR. CYPEN:
15
have to be present.
The clerk can do that is
16
what I'm saying.
17
I understand.
I was just'"
MR. SCHULMAN:
18
hoping.
19
I have got to go.
MR. CYPEN:
We only have
20
one more item.
21
MR. SCHULMAN:
Never mind.
22
23
24
25
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997
25
,~
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1
CERTIFICATE OF REGISTERED PROFESSIONAL REPORTER
2
3 STATE OF FLORIDA:
4 SS.
5
i
COUNTY OF DADE:
I, CARLA A. BRANCATO,
~!"
..
"
6
Registered Professional Reporter and Notary Public
i.
;..t.
7 for the State of Florida at Large, do hereby certify
8 that I reported stenographically the foregoing
..,:'(4-
..~
~t
9 meeting at the time and place hereinbefore set forth;
10 that the witness was duly sworn by me; that the
~
11 foregoing pages, numbered from 1 to 114, inclusive,
12
constitute a true and correct transcription of my
'~
1
13 shorthand notes of the proceedings at said time and
~
14 place.
15
WITNESS my hand and official seal in the City
16 of Miami, County of Dade, State of Florida, this lith
17
day of January; 1998.
18
FlOAL NOTARY SEAL ' i
CARLA A BRANCATo
NO't'ARYPUBUC STATE OF FLO
COMMISSION RIDA
(] 8~:k.~'
19
&
20
21
22
Notary Public, State of Florida at
23
Large; my commission expires
24
September 16, 2000.
Bonded through
General Insurance Underwriters.
H. ALLEN BENOWITZ & ASSOCIATES, INC.
Dade * Broward * Palm Beach
(305) 373-9997