File Ref. #079 C
(t.~r 0 71-,,4u~/tM~
HEAJUNG:UCbANYAKL~L~
L.onucn:SCH
.lV~ J. .1~, .17.70
)
Page 1 Page 4
1 1 In view of the analysis and the staff
7 CITY Of MIAMI BEACH 2 report, staff recommends that the request for
3 DESIGN REVIEW BOARD 3 a rehearing of the su~ect application be
4 4 denied, and we woul make the staff report a
5 5 permanent part of the record,
May 12. 1998
6 31 rue~~~1;91c;~o cg~ers 6 MR, GROSS: okay, Thank you,
7 17 0 ~onventlon Center Dri ve 7 AI, before you proceed, I just wanted to
MldlTli Beach, floclda
9 8 give the overvIew to the Board members and the
9 9 public, There are four items, Four different
10 TRANSCRI PT Of PROCEED I NGS 10 Ocean Parcel files are on the agenda for
11 ORB F'lLE NUMBERS 9193, 9486, 9192, 9611 11 today, The first one was designed by Helmut
12 12 Jahn, and had been denied by the Board, and it
13 13 had an open view corridor down Ocean Drive,
I' BOMO MEMBERS PRESENT: 14 The second one that is on the agenda was
15 SAUL GROSSMAN, Cha1 cmdn 15 the as-of-right proposal, which didn't have
CARLOS TOUZET Member
16 ~tlg~~ 8tll~~J..N~e~:1'ec 16 the open view corridor down Ocean Drive, So
11 PETER BLITSTEiN, Member 17 those are the two Helmut Jahn projects that
DONALD WORTH, Member
18 18 they are asking for a rehearing.
19 STAFF MEMBERS PRESENT: 19 The other two projects are the Skidmore,
20 WILLIPJi CARY, Historic Preservation 20 Owings & Merrill designs that we had seen once
Coordinator
21 THOMAS MOONEY, Senior Planner 21 before, and, again, there are two different
22 22 schemes for those,
ALSO PRESENT:
23 23 So those are the four that we'rerfroing
2' gi.M~R~~RN~~~lX~:fi t;*~Y c~~~o~~~6cney 24 to hear, The one that we're doing lrst is
25 ----- 25 the Helmut Jahn project that has the open view
Page 2 corridor down Ocean Drive, Page 5
1 MR, GROSS: The fIrst of the Ocean 1
2 ~arcel projects that we're goin~ to take is 2 Okay, Introduce yourself for the
J ile 9193, which is simply cal ed the Ocean 3 record,
4 and Easement Parcels, 4 MR, CARDENAS: Thank you, For the
5 Tom, can we have the staff report, 5 record, Ffc name is Al Cardenas with offices in
6 MR. MOONEY: If the Board would like, 6 Miami, orida, and I'm representing the
7 and the applicant's attorney would like as 7 Continuwn Companies,
8 well, I can read the staff report for both 8 Just for the record and for all of you
9 File 9193 and File 9486 into the record since 9 to know, the Continuum Companies,
10 they are both similar projects with a similar 10 headquartered in New York CIty, aCCl.uired in
11 request, or did you want to hear them 11 April, the beginning of April, the subject
12 separately? 12 twelve and a half acre site, They are now the
13 MR, GROSS: Let's keep them separate, 13 fee simple owners of that site, and,
14 MR. MOONEY: The fIrst one is ORB File 14 therefore, that is something you ought to
15 Nwnber 9193, Ocean and Easement Parcels, 15 know, They had been the applicant, although,
16 located in the southeast corner of South Point 16 as you know, as reflected in the previous
17 Drive and Ocean Drive, The apfllicant is 17 applications and staff report, all of which
18 requesting a rehearing of an ~p ication for 18 are part of the record, the Porto fino Group
19 Desi~ Review approval for e construction of 19 had been the owners of record, And I wanted
20 two 4 story apartment towers with a total of 20 to correct that at the outset of the
21 580 units, and a 40 story structure consisting 21 presentation, I have a very quick statement
22 of 234 hotel units and 220 time share 22 to make on the record, It's important that it
23 condominiwn units. This 1jlication was 23 becrulaced on the record, and I apfreciate your
24 denied at the January 6, 19 Design Review 24 in uI,ence. Also, for the sake 0 brevity,
25 Board meeting, and if the request for a 25 what 'm about to say is really equally
Page 3 Page 6
1 rehearin~ is ~nted by the Board, the matter 1 aA'flicable to the second application, So I
2 may be ear inunediately, 2 t nk to save you time, if you want me too
3 The full history of the project is 3 proceed accordinrly I can do it that way,
4 delineated in the staff report, as well as a 4 MR, GROSS: I you don't mind, we can
5 description of the project and other pertinent 5 then have Tom open the other file, read the
6 data, 6 staff report, and then your comments can apply
7 With ~ard to the request for the 7 to both files at the same time,
8 proposed re earing, staff feels that althou~ 8 MR, CARDENAS: I think it will save you
9 the applicant has raised several issues in t e 9 some time,
10 request for rehearin~, some of which are 10 MR, GROSS: Fine, Then let's do that.
11 procedural, we wou d s~est that these issues 11 MR, MOONEY: The next file is ORB File
12 would in no way impact e ultimate decision 12 Nwnber 9486, Ocean and Easement parcels,
13 of the Board relative to the overall design 13 located in the southeast corner of South Point
14 concept of the subject proiect. With regard 14 Drive and Ocean Drive, The apfllicant is
15 to the new information re ative to the Site 15 requesting a rehearing of an ahP ication for
16 plan, staff has no comment at this time until 16 Design Review approval for t e construction of
17 such information is presented, Altho~ staff 17 three 42 story apartment, hotel and timeshare
18 had not recommended that the Ccr~ect e 18 towers, a total of 134 units, This
19 denied, the decision made by t e oard was 19 6rlication was denied at the January 6, 1998
20 done in accordance with the requirements of 20 sign Review Board meeting, and If the
21 the Zoning Ordinance and said denial was based 21 request for a rehearing is ~anted by the
22 upon inconsistencies with the Design Review 22 Board, the matter mar be eard inunediately,
23 criteria and Subsection 18 of the Zoning 23 The description 0 the history of the
24 Ordinance relative to the design of the 24 application, as well as the prI3:ct, and all
25 proiect. 25 oertinent data relative to the sign Review
j
WORLDWIDE REPORTING
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Ll,('
HEAEING:OCEANPARCELS
CondenseIt 1M
MAY 12, 1998
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Page 7 Page 1 0
1 criteria, is submitted in the staff ~ort, 1 hand, on March 3 1 we had tiled a se8arate
2 and our same comments athply to is 2 af:plication regardin~ the Fullerton, iaz
3 application as the~ do in e previous one, 3 ~ ans, but we also fi ed shortly thereafter
4 Altho~ the app icant has raised several 4 or a rehearing, and our request for a
5 issues In the request for a rehearing, some of 5 rehearin~ referenced the work that Fullerton,
6 which are procedural, staff would s~est that 6 Diaz ha done, The result is that we are here
7 these issues would in no way im~act e 7 before tOU today to be heard and reconsidered
8 ultimate decision of the Board re ative to the 8 on the ullerton, Diaz plans which were
9 overall design concept of the subject raroject. 9 prepared as a modification to the plans
10 With ~ard to the information re ative 10 originally before you to address your
11 to the site p an, staff has no comment until 11 concerns,
12 such time as said material is presented, 12 In concept, it's still the same plan,
13 Although staff had not recommended that the 13 not a substantial modification, As you know,
14 ~roject be denied, the decision made by the 14 what is a substantial modification is a
15 oard was done in accordance with the 15 difficult Imal hurdle, because the City has
16 requirements of the Zoning Ordinance and said 16 no quanti lable criteria for determining
17 denial is based upon inconsistencies of the 17 substantial modification, and so, more often
18 Dest Review criteria and Subsection 18 of 18 than not, grecedents established by r;ou and
19 the oning Ordinance relative to the design of 19 this Boar and others determine col ectively
20 the Eroject. 20 what the parameters are for substantial
21 n view of the analysis of the staff 21 modificatIOn, We believe that, as you know,
22 report, staff recommends that the request for 22 this application was originally filed subject
23 a rehearin~ of the subject application be 23 to a s!nrle tract theory, meamng we're hart
24 denied an will make the staff report for DRB 24 of one 8 acre parcel, and, because of tat,
25 File Number 9486 a permanent part of the 25 what you did before pertaining to this parcel
Page 8 Page 11
1 record. 1 is es~ciallh germane as are other decisions
2 MR. GROSS: Good, So both files are now 2 whic you ave made relative to this case,
3 ~ and the comments will relate to both 3 When you look at the Porto fino
4 I es, 4 application and you compare it to the original
5 MR, MOONEY: Thank dOu, 5 8486 site plan under which Portofino was filed
6 MR, CARDENAS: Mr. hair and Members of 6 in the earR; 1990's, the differences between
7 the Board, with respect to these ahplications, 7 the Porto !nO plan as it stood before you or
8 obviously the statements that we ave made 8 subsequently approved and what was originally
9 that are procedural in nature are on the 9 the site plan, is, frankly, a greater
10 record and we stand by them, and I presume 10 difference in every respect than the
11 that?ou are all cognizant of those as well as 11 difference between the Helmut Jahn tans that
12 staf, 12 were previously presented to hOu an the
13 With respect to the item that I think 13 requested rehearing when we ave the Fullerton
14 ought to hinge on your decision to grant the 14 plan. So because we don't have such
15 rehearin~, and that is based on new 15 parameters and because the Fullerton plans
16 informatIon regarding the site plan, and we 16 really address the challenges that were raised
17 believe that your reconsideration and approval 17 at your denial hearing, as well as raised by
18 of the reheanng should be based on those 18 staff, we ask that you allow us to make a
19 items which are of record regarding procedure 19 presentation of the Fullerton plans and
20 and the request we're making with respect to 20 request that you agree to rehear the matter,
21 changes to the site ?clan, 21 and, basically, let me ~ve you the context
22 Ap~lications 9 93 and 9486 were 22 why they are similar, t ese applications,
23 ori~ina ly filed, as you know, on July 22, 23 enough so that a substantial modification has
24 19 7 for approval of the plans prepared by the 24 not taken place,
25 finn of Murphy, Jahn, in '94, 25 We're still offering two residential
Page 9 Page 12
1 The 9486 d'plication was an as.of-right I towers, The only difference is that in File
2 application an It consisted of the 2 Number 9486 it calls for two 42 st01 towers
3 construction of three, basical~ 42 story 3 and File Number 9193 calls for two 4 story
4 hotel and timeshare towers, e 9193 4 towers, The Fullerton plan called for two
5 ~plication involves the construction of two 5 towers of 39 and 32 stories respectivelt;, and
6 4 story apartment towers and a 40 story 6 the uses are the same and many of the eatures
7 timeshare structure, 7 are similar, They still offer one timeshare
8 Over the next four months, the 8 tower, The only difference is that while File
9 :?eRlication was the subject of four seg:ate 9 Number 9486 calls for a 42 story tower and
10 e ermIs, each time in an effort to ad ss 10 9193 calls for a 40 story tower, the Fullerton
11 staff's concerns for the project. Finally, on 11 amendment calls for 16 stories, So the main
12 January 6, 1998 this application was heard by 12 difference is not so much in use, We have the
13 this Board and denied. After the denial my 13 same use, We have, basically, three
14 clients went back and reviewed staff's 14 structures, However, there are differences
15 reports, These reports contained staff's 15 which are not significant, but are rennane to
16 concerns about our project and called for 16 the issues that you raised and staf 's
17 modifications to the plans and submittal of of 17 recommendations,
18 new drawings, 18 On the issue of hei~t, for example,
19 Therefore, and shortly after the denial, 19 staff reported that the 193 applicatIon
20 Continuum contracted with the architectural 20 expressed serious concern letting additional
21 finn of Fullerton, Diaz to look at the Murphy, 21 ultra highrise construction, The Fullerton
22 Jahn plans and modified them in accordance 22 applicatIOn significantly reduced the toroposed
23 with the mandate of the January staff ~rts 23 height of the structures, The square ootage
24 and comments made at the DRB by mem s of the 24 is a reduction of s~uare footage from
25 Board and others. With these new plans in 25 approximatelva 1, 85,000 soUare feet to the
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WORLDWIDE REPORTING
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HEARING: OCEAN PARCELS
CondenseIt 1M
MAY 12, 1998
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Page 13 Page 16
1 Fullerton plans, which are approximately 1 MR, GROSS: Let me turn to our counsel
2 1,340,000 square feet. The retail and overall 2 for a moment. We have three members of the
3 relationship to neighborhood suggestions that 3 Board now sitting here who were not here at
4 were made with staff, we believe that this 4 the time that had the last hearing on the
5 handles that. We have addressed most of 5 Helmut Jahn project. The~ pro ably have no
6 staff's concerns regarding the view corridors, 6 idea what that project is, f I'm not
7 and, in essence, have done what you have 7 mistaken, I don't think Don, Nick or Douglas
8 asked. 8 were here, How could they possibly make a
9 MR, GROSS: AI, the threshold question 9 decision about whether they want to hear a
10 is that you're asking for a rehearing, 10 hroject that theh weren't here for and they
II MR, CARDENAS: Yes, 11 ave no idea w at the Board's rationale was?
12 MR. GROSS: Before you start describing 12 MS, TURNER: Is that part of the record
13 how you are modifying the plan, please focus 13 already?
14 on the issue why you believe hOu are entitled 14 MR, MOONEY: Yes, But keep in mind in
15 to a rehearing, and let's hear t at. 15 terms of whether or not you are ihoi1 to grant
16 MR. CARDENAS: I had just finished doing 16 a rehearin" it's not based upon e esign of
17 the description, and the reason why, 17 th~lan, t's based upon the rationale put
18 Mr, Chairman, I had done that without really 18 fo in the letter requesting the rehearing,
19 r.etting into the plan was because I needed to 19 So all they are doing is deCIding whether or
20 ay the predicate that the Fullerton plan was 20 not there IS enough evidence to grant a
21 not a substantial modification of the Jahn 21 rehearing, If a rehiring is granted, they
22 plan so you would have a le~al prerogative to 22 will obVIOusly present the 81ans :8ain and
23 grant the rehearing, and if I idn't give~ou 23 that will enable Dick and on an Do~las to
24 some predicate for that, you couldn't a vance 24 become acclimated with the plans, but i they
25 on your decision, So I'm finished with the 25 can't decide or you can't decide on the
Page 14 Page 17
I description, and I hope by the time I've I threshold of whether or not a rehearing should
2 finished you will agree that we are not a 2 even be granted, then the plans won't even
3 significant, a substantial modification, and 3 come to you,
4 that we're properl[' before you on the 4 MR. GROSS: I know, So you are saying
5 Fullerton proposa , 5 that the basis for the r:eople who are
6 MR. GROSS: Tell us why you think that 6 unfamiliar with the pans to decide whether or
7 we should entertain your request for a 7 not they want a rehearing is based on the new
8 rehearing, I think you're coming before us 8 evidence that is submitted,
9 and saying, "Give us a rehearing." Why should 9 MR, MOONEY: Based upon the letter,
10 we do that? 10 They submitted the letter. Actually, the
11 MR. CARDENAS: You should give us a 11 letter was from a different counsel than the
12 rehearing, because I think all of us will 12 one up front now, but they stated in this
13 agree that we were yoperly before you in the 13 letter why they think they should be granted a
14 Jahn applications, ou denied them based on 14 rehearinl Based on this letter, if the Board
15 what you felt was some Design Review Board 15 feels an agrees with the conclusions that
16 critena that you felt entitled you to deny 16 they came to, then they would vote and allow
17 the application. We felt that taking your 17 for a rehearing, at which time the previous
18 denial and staff's concerns, that we addressed 18 application could be heard either at this
19 your rationale for your denial, came up with a 19 meeting or a meeting subsequent to this
20 new plan, which is the new site plan 20 meeting,
21 ~estions, and we feel that if hOu hear 21 MR. CARDENAS: Mr, Mooney, just for the
22 Fu erton out you will see that t at plan 22 record, there are two letters, One was a
23 basically addresses the concerns that you 23 letter that we relied upon by Cliff Schulman,
24 expressed when you denied the other plan, So 24 who is here, and prevIOus counsel to the
25 we feel we have addressed them, 25 applicant, and the other is a letter from me
Page 15 Page 18
I MR, GROSS: IS hOur site plan different I to Dean Grandin dated May 11 th, which
2 than the site plan t at was presented to us 2 supplements Cliff's letter, It's basically a
3 before? 3 one page letter, I can certainly read it into
4 MR. CARDENAS: The site plan has 4 the record,
5 modifications, which we believe are not 5 MR, GROSS: Let's do that.
6 substantial, but it's modified, yes, which is 6 MR, CARDENAS: My letter says, "Dear
7 what you basically asked ahplicants to do, 7 Dean, On May 12, 1998 Continuum is scheduled
8 MR. GROSS: RIght, but t e g;oblem is 8 to present its rewest for a rehearinSi on
9 you kind of have a Catch 22, cause if you 9 A~plications 91 3 and 9486 regar ing the above
10 say that they are not that different, then why 10 re erenced matter.
II should we ~nt you a rehearing? If you say 11 MR, GROSS: Just read the sections that
12 they are di ferent, then you have the problem 12 give the reasoning, We don't need the
13 that you have a separate application, So it 13 ackground,
14 seems to me that you have an impossible legal 14 MR, CARDENAS: "Taking into account
15 argument today, 15 input from staff and from members of the DRB.
16 MR, CARDENAS: I'm pretty comfortable 16 Continuum contracted with the firm of
17 with it. Basically, you know, let's take a 17 Fullerton, Diaz to maintain the basic use
18 football field, for example, for the purposes 18 scheme of the Jahn applications while adding
19 of what I'm tryin, to say, I think If you 19 suggested modifications made throughout the
20 cross the 50 yard ine, let's say you have a 20 reVIew ~rocess, You will note, as in the Jahn
21 substantial modification. If you get to the 21 plans, e Fullerton, Diaz concelat consists of
22 40 yard line, I think you've made eno~ 22 three towers. Likewise, as the aim plans,
23 modifications to~ustlfy a rehearing, an I 23 the uses are for two residential towers and a
24 think we got to e 40 yard line, not the 50, 24 hotel, timeshare building, The Fullerton
25 and that's kind of where I'm coming from. 25 Dlan, in essence, adheres to the essential
)
WORLDWIDE REPORTING
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HEARING: OCEAN PARCELS
CondcnseIt'I'I
MAY 12, 1998
)
Page I 9 has to be legallhbefore you with respect to Page 22
I elements of the Jahn proposal, but is less I
2 intensive and bears a stronger relationship to 2 the FAR issue, en what you need to
3 the immediate street scape and the pedestrian 3 consider, I think, is whether, A, there is
4 fabric of the surrounding area, The 4 enough innovation to the site plan to warrant
5 Fullerton, Diaz plans have already been 5 a rehearing, and, B, is it not a significant
6 submitted in conjunction with a separate 6 modificatIOn or a substantial modification so
7 aflplication filed on March 31,1998, Our 7 that it is properly before you, I think those
8 c ient's previous counsel has informed us that 8 are the two legal issues that you have before
9 theb. have not been submitted in conjunction 9 you,
10 wit this rehearing request. Therefore, I'm 10 MR, GROSS: It's a clever wa~ to brinta
II enclosing seven co~s of this plan for use at II new application in front of the oard, e
12 the May 12, 1998 sign ReView Board hearing 12 Eroblem, as I understand it, there have been a
13 as a proposed modification to the Jahn plans," 13 ot of chan~es in the zoning, and it's
14 MR. GROSS: 1 hesitated -- I don't want 14 somewhat ard to keep track of them sometimes
15 to characterize it, but, you know, you asked 15 if we don't do it for a living, but the way I
16 the Commission in the last meeting to refer to 16 understand it is that the Jahn application had
17 the Board the Fullerton, Diaz plan, By a vote 17 certain grandfather rights because it came
18 of seven to nothing, the Commission said, "No, 18 earlier in time to beat the deadline for the
19 we don't want to refer to the Board the 19 submission of ~ans, So that one is under the
20 Fullerton, Diaz proposal:" 20 old code. The ullerton, Diaz proposal, if I
21 Is that a correct assessment of what the 21 submitted it now bh itself -- forfet about the
22 Commission did? 22 argument that you ave with sta f about the
23 MR, CARDENAS: I submitted the 23 FAR -- would be under the new code, So you're
24 application to r;ou, the DRB, and staff advised 24 submitting a new plan ostensibly as an
25 US that we cou d corne before you with respect 25 amendment to an old plan as a way of
Page 20 Page 23
1 to that aps;ication, because on its face, I bootstrapping the zoning is what it looks like
2 staff felt at it exceeded the allowed FAR, 2 you're trying to do ri~t after the Commission
3 We felt that it did not. We felt that it was 3 told us that they didn t want us to do that.
4 filed pursuant to criteria that made it 4 MR. CARDENAS: 1 think just because she
5 properly before you. Staff asked us to go to 5 is wear!-ng a short skirt doesn't mean she's
6 the City Commission, We didn't go 6 not a virtuous woman,
7 voluntarily, We thought we could go strai/Fe;t 7 MR. GROSS: All right.
8 or directly to you. The Ci% Commission eard 8 MR. MOONEY: I spoke to Dean about this,
9 the referral issues and felt at based on the 9 because Dean did 3et AI's letter yesterday,
10 legal criteria that they had before them they 10 and he's conclude that this project is so
11 did not find justification to refer the matter II materially different that if you were to grant
12 to you, 12 a rehearing thep; would not be able to
13 We then subseiliuentlI;' just so you know, 13 substitute the ullerton plan for the Helmut
14 on the record, we en fi e a lawsuit 14 Jahn, Essentially, if you were to grant the
15 regarding the referral issues, and, basically, 15 rehearinj they would have to present the
16 the genesis of the lawsuit was the City's 16 Helmut ahn desi~ plan, because the changes
17 denIal, but the objective of the laWSUit was 17 in the Fullerton p an are so substantial that
18 to have a court say that the application is 18 it can't be substituted,
19 properly before the DRB and you should hear 19 MR, GROSS: So let's just, because we're
20 It. SO It's an action for injunctive relief 20 making a record here, the decision about
21 and declaratory judgment mandamus, But having 21 whether or not the plan that Fullerton, Diaz
22 said all that, the genesis of this request is 22 prepared, the deciSIOn whether that is
23 not the arplication that was filed on 23 materially different from the Jahn plan or
24 March 3 , It's our plans that are suggested 24 not, we've been advised, and I'm not sure that
25 as a rehearing of the Jahn application, which 25 I agree with it, but we live by the decision
Page 21 Page 24
I is properly before you. 1 of the zoning official, which is Dean Grandin,
2 MR. GROSS: But what you are saying to 2 and they have consistent~ taken the position
3 us is notwithstanding that the CommiSSIOn at 3 over the last six months at that deCIsion as
4 its last meeting refused to refer it to us, 4 to whether the application is material~
5 tOU want us to hear it as an amendment to the 5 different or not resides with Dean, an Torn
6 ahn plan, You want to end up in the same 6 has just informed us that Dean is of the
7 place when the Commission, essentially, told 7 orinion that it is materially different, and
8 us "Don't hear it." 8 i we were to grant the rehearing we would
9 MR, CARDENAS: The Commission really 9 have to hear the Jahn project, not the
10 didn't get into the merits of that. As a 10 Fullerton, Diaz project.
11 matter of fact, we didn't even have a chance 11 Okay, So this IS all very arcane legal
12 to give a presentation on the merits, although 12 maneuvering, I just want to make sure that
13 the architects were there, The Commission 13 the Board understands where we are, Then I'll
14 basically said legally ~ felt we didn't 14 take some public comment.
15 meet the FAR criteria, e disagree and, of 15 Does anyboit; have any ~uestions about
16 course, we're in court with that. Here the 16 where we are? o? You un erstand the legal
17 FAR criteria is not at issue, To the 17 position?
18 contrary, I think the apelication, staff had 18 Okd(' Let's take some public comment.
19 determmed to be comp ete and properk before 19 Anybo y that would like to speak, please come
20 you, the Jahn ~plicatIOn, for the 1,78 ,000 20 forward,
21 s~are feet. e are suggesting a project 21 MS, TURNER: Mr. Chairman, ~ust getting
22 w 'ch is almost half a million square feet 22 back to your comments earlier a out the three
23 less in building, and since the one for a 23 Board members that were not previouso1a here
24 million-seven IS rightfully before you, the 24 for the January meeting, if they vote t y on
25 one for a significantly lesser FAR certainly 25 the rehearing, it would be simply that they
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WORLDWIDE REPORTING
Page 19 - Page 24
HEARING: OCEAN PARCELS
CondenseIt 1M
MAY 12, 1998
)
Page 25 Development Agreement is void, What that Page 28
I are comfortable with the issues, If, in fact, 1
2 they would want to review the record from the 2 means IS that these projects that are still
3 last hearing in January, a motion to continue 3 operating under the development ~eement and
4 may be in order to continue the rehearing so 4 are bein~roposed now, althou they've
5 they would have an oPhortuni~, 5 already denied back in January, are still
6 MR. GROSS: so we ave a c ance to 6 violative of what the current zoning
7 duplicate the crazy procedural activity, 7 restrictions are, He marc be attempting to
8 MS, TURNER: So they can go back and 8 bootstrap that to a deve opment agreement to
9 review so they can be familiar, 9 attempt to have those entered in now, but
10 MR. GROSS: And then a motion to defer 10 nevertheless they are still void and it won't
11 the motion for the rehearing, 11 work anymore, It's subject to the new
12 MR. BLITSTEIN: In terms of it being 12 restrictions. Because the development
13 substantiallr, different, I guess Carlos and I 13 agreement is no longer in effect, the F.A.D,
14 were the on y two that saw it. 14 restrictions under that development agreement
15 MR. GROSS: well, I saw it as well. 15 as they apply right now to the projects that
16 MR, BLITSTEIN: And yourself, of course, 16 are bemg proposed, it cannot go forward, It
17 Obviously, if Dean made that decision, does 17 has to be subject to the new downzoning
18 that mean that we would not be able to look at 18 restrictions, And this was a point that was
19 that plan and sarc in our minds it's 19 made as far as the new project that was also
20 substantially di ferent or not? 20 being referred to the Design Review Board,
21 MR. GROSS: Right. 21 Mr, Cardenas mentioned the r;roject is
22 MR. BLITSTEIN: In other words, once 22 now from a 1.75 million square eet to a 1.34
23 Dean has made the decision, we don't have the 23 million square foot project. That's still far
24 ability to make that decision, at least the 24 in excess of what is allowed now, That may
25 people that saw it before? 25 have been okay under the prior development
Page 26 Page 29
I MR, GROSS: Correct. You could see the 1 agreements, but that is not okay now,
2 new one if thWh'ubmitted it as a new 2 In addition, staff's concerns, which I
3 application. at Dean is saying is in order 3 just reviewed prior to our discussion here
4 for it to quali~ as an amendment it can't be 4 today, accurately reflect the sentiments of
5 substantially 'fferent, and he's ruled that 5 the unit owners in the South Point Development
6 it is SUbstantiall~erent, 6 that I represent, as well as a majority of the
7 Do We need to come down here and 7 unit owners that, namely, the zonilt ordinance
8 say that on the record? 8 still has not been complied with. at is
9 MR. MOONEY: Unless you want him. I 9 number one, Number two, the I>roject does not
10 spoke to him before the meetin~, So if you or 10 fall within the overall scheme of the entire
II somebody wants him to come own, II South Point area,
12 MR, GROSS: Let's ask the a~ant. 12 MR. GROSS: You know what? This is a
13 Would you prefer that we get to come and 13 request for a rehearing, I don't want to get
14 say that himself on the record or do you take 14 too much into the merits of it. I just want
15 Tom's word for it, because I don't know if 15 to address the issue of the reheanng, because
16 there was a writing, I just wonder, with the 16 the next application is an actual project and
17 legal posture of the parties, that it isn't 17 your comments may be more germane to that one,
18 better to get Dean to come down and say that. 18 MR. BEHAR: And that's correct. As far
19 MR. CARDENAS: Frankly, I would thmk 19 as the application for rehearing, I haven't
20 you would want it more than me, 20 seen anything in the correspondence or in the
21 TIlE COURT: I would, I'm asking if 21 motion r~arding a rehearing that meets the
22 you'll stipulate that that's what it is that 22 legal thres old as far as what is required in
23 the building official says, If you don't, 23 the ordinance as far as trying to get this
24 then I'll get Dean to come down and say it. 24 thing reheard, There are numerous items that
25 MR, CARDENAS: I'm trying to make your 25 were mentioned as far as the reason for the
Page 27 Page 30
1 life easif' not difficult, except that it's a 1 denial, and I still haven't heard anywhere how
2 difficu t set of circumstances for me to 2 the new ceroject somehow comports or there's
3 acquiesce to something which is said in the 3 new evi ence to allow this thin~ to be
4 request. 4 reheard. There is nothin[h new at is so
5 MR. GROSS: Fine, Let's get Dean to 5 substantiallr; incredible at would allow this
6 corne down, because I don't want there to be 6 thin~ to go orward as being somehow meeting
7 any -$histion about what his opinion is, 7 all ose requirements or somehow ~roceeding
8 'Ie we're waiting for that, any other 8 with something that is not met. So don't
9 questions from the Board members procedurally 9 think the legal threshold for purposes of a
10 where we are, If not, I'll take p'ublic 10 rehearing has been met.
II comment. If anybody would like to speak on 11 MR, GROSS: Thank you, Other commen ts
12 this application, please step forward, 12 from the public?
13 MR, BEHAR: Members of the Board, 13 MS, VON DELINHAUSEN: My name is Elana
14 Chamnan, my name is Howard Behar, I 14 Von Delinhausen, and I'm am owner at South
15 represent two of the unit owners in South 15 Point Tower, I'm from Rio De Janeiro Brazil.
16 Point Development. I want to add a few 16 Today I was suppose to be there, but I decided
17 comments as far as Mr, Cardenas' 17 to stay here to beg you to prevent anyone to
18 representations at the prior commission 18 destroy South Miami Beach, Many bears ago I
19 meeting, which shed some light as far as the 19 came to visit the area and had a terri Ie
20 legal issues involved, and one thing that 20 imsression, Then four years ago, I came ago
21 hasn't been really addressed is the issue of 21 an became so imlressed with the beauty of the
22 the 1984 development ~ent, which should 22 city that I decide to make Miami Beach my
23 be addressed now, Mr, bbin made a ruling, 23 second paradise after Rio, Like me, the whole
24 actually authored an opinion, that that 1994 24 world turns their eyes to this enchanted city,
25 development alrreeIllent, the South Point 25 especially to South Miami Beach that offers
)
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)
Page 3 ] reviewed the plans in enough detail to come to Page 34
I magnificent vistas that extend to the horizon, 1
2 Now I'm terrified with the project that some 2 a final conclusion,
3 Ifhiple want to build in the Ocean parceL 3 MR, GROSS; I'm glad ~ou came down,
4 's project will change the balance of the 4 because that's a little dif erent from what
5 area and destroy the historical per~ctive of 5 Tom says,
6 its architecture, The architect, no oubt, is 6 MR, GRANDIN; You certainly need to go
7 famous for his work, but, Mr. Architect, South 7 to the rehearing issue first, and I don't
8 Miami Beach is not Brickell A venue where there 8 think if there are several Board members here
9 is a different way of life, Brickell Avenue's 9 that were not here for that original hearing.
10 business is work, Here it is pleasure, 10 without that evidence they would not know,
11 More im~ortant than a~ng else in the 11 MR, GROSS; All right. How many votes
12 world is the umanism of e ~eople who make 12 are necessary to grant the motion for a
13 the decisions, What we want rom the City 13 rehearing?
14 officials is to please stop this project until 14 MS, GRUB: Four,
15 a more human and ecologic~lan 'Ifeserving 15 MR, GROSS; Four votes necessary,
16 the natural beauty of South lami each is 16 MR, CARDENAS: 1 just wanted to ask one
17 pro~sed, 17 thing, if possible, before you get to that. I
18 ank you very much, 18 know that Mr. Grandin mentioned that he felt
19 MR. GROSS: Thank you, Other comments 19 there was a substantial de?,arture between the
20 from the public? 20 Jahn application and the ullerton plan, and I
21 You Know what, Mr, Schulman, if you 21 want to know if he would mind saying on the
22 don't mind, I asked the building official to 22 record what he thinks the departure consists
23 come down and ~ak to us for a moment, and 23 of.
24 their time -- oh, at's ritf I'm sorry, 24 MR. GRANDIN; I'll betlad to, It's a
25 The Planning & Zoning irector, 25 substantial departure in ,A,R., but that is
Page 32 Page 35
1 So, Dean, I +ust wanted nOu to come 1 not really the issue, It's really a
2 down, because om was tel ing us what you 2 substanttal departure relative to site
3 said, but since there is no formal written 3 glanning, esthetic a~pearance of the
4 of inion by yourself, I thought it was better 4 uildings. Except or the fact that it's on
5 i you come for the record and state that. 5 the same site, the pro~ects are vastly
6 They've asked for a rehearing, and, 6 different in terms of ow the buildmgs are to
7 parenthetically, they've said If the rehearing 7 be sited and designed,
8 IS ~nted then they would want to present the 8 MR. GROSS: To me the main issue with
9 Fu lerton, Diaz proposal as an amendment to 9 the Jahn project was that the Board felt that
10 the Jahn plan. 10 the design was inappropriate for that
11 Is that a fair charge characterization? 11 garticular location, They felt that the
12 MR. MOONEY: Yes, 12 uilding may have been a nice buildin~, but it
13 MR, GRANDIN: Let me begin by sarong 13 math more apply belong in Chicago ra er than
14 there are twoF.ounds for a reheanng or the 14 at e southern tip of Miami Beach, That was
15 first threshol , and I think this Board has to 15 a substantial component of the request, the
16 determine, based on Su~aragraph J, that their 16 motion to deny, and that any chanffies would
17 ~etition for a rehearing emonstrates to the . 17 have had to be so substantial that ey wanted
18 oard that there is newly discovered evidence 18 to see a new ap&lication rather than an
19 that will chanre the result of the rehearing 19 amendment to at application. So given that,
20 if ~nted or i the Board has overlooked or 20 I'm not sure is it necessary to continue this
21 fai ed to consider something which renders the 21 to give the other three people a chance to
22 decision erroneous, 22 review the file or if he needs four votes in
23 My point is that the rehearing is purely 23 order to grant the request for the rehearing?
24 and simply on the application that was pnor 24 I don't know, Peter, Carlos and I are present
25 before you, Not any amendment to the 25 and depending whether we're for or against it,
Page 33 Page 36
I application, 1 it may be moot.
2 MR, GROSS: The problem as I mentioned 2 MR, TOUZET: 1 have another question,
3 before is there are three Board members that 3 Once the architects are changed, doesn't the
4 weren't even on the Board at the time, How 4 project have to change substantially anyway?
5 would they know whether it was new evidence? 5 MR, CARDENAS: Not necessarily,
6 MR, GRANDIN: They would robably need 6 MR, TOUZET: Can you take over the
7 to review the transcripts and al the other 7 existing design? I don't think so,
8 evidence that was presented to the Board, and 8 MR. CARDENAS: One last thing before you
9 then, I guess, at that point, then hear the 9 rule on it, just one procedural thing, I know
10 new eVidence and determine whether or not 10 a gentleman here, a counselor here earlier
11 there was something new presented to you that 11 stated that his objection or his comments to
12 is different than what was presented to you 12 you to dissuade JOu in voting favorably for
13 before, I think that's the only way you can 13 the rehearing ha to do with the validity of
14 handle it. 14 the '84 agreement. I want you to understand
15 As it relates to the Fullerton, Diaz 15 that Helmut Jahn's ap~cations standing on
16 plan -- and, again, this is a separate 16 its own was certainly fore you as of nght
17 Issue -- if you get to the sfit of rehearin'f; 17 based on code and zoning criteria, and it
18 then the separate issue will could you ear 18 certainly didn't rely, Helmut Jahn that is, on
19 that plan as an amendment duri~ the rehearing 19 the '84 agreement, and so under those
20 process, and I can on~ tell you at my 20 circumstances I don't believe that argument
21 preliminary review 0 those plans indicates 21 was applicable to what is before you todar
22 that it's such a substantial departure from 22 MR. GROSS: Okay, At this pomt, we'l
23 the ori~a1 plans as submitted that it really 23 ~ck to our pubhc comment -- thank you,
24 would treated as a new a~lication, That 24 -- and then we'll ha=ore discussion,
25 is my preliminary thollght. e really haven't 25 Mr, Shubin was lloimz to next.
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)
Page 37 it's based upon what it should be based on Page 40
I MR. SHUBIN: John Shubin, Shubin & Bass, I
2 46 Southwest 1st Street, City of Miami, here 2 which is design criteria,
3 today joined by my partner, Jeffrey Bass, 3 So I would certainl:h urge that the
4 We're representing today Jeny Blair 4 Rrecedent is not right, t at the Commission
5 individually and as president of the Porto fino 5 as endorsed the opinion of the City Attorney,
6 Towers Condominiwn Association and the 6 that the develol?ment agreement is in default.
7 association itself. Since everyone is going 7 Let them fight It out in court, Then if by
8 on the record, this will be very brief. To 8 chance the developer prevails, then l:isrhaps
9 the extent that the petition for rehearing 9 the current plan is appropriate for t is Board
10 solelr seeks reheanng of the Jahn fan, we 10 to consider. But clearly theX have not made a
II simp y want to reincorporate all 0 our II case of how this Board eITe in denying the
12 comments made during the original public 12 hroject. They merely have said, "Look, we
13 hearing on the Jahn plan, Thank you, 13 ave a new project. It's much better than the
14 MR. GROSS: Thank you, 14 old project and please let us bootstrap' that
15 Eve~bodY is being very legalistic 15 project onto the one that hOu denied, '
16 today, ere's a non-lawyer, 16 So I would certainly ope that the Board
17 MR, SHAD: Charles Shab, I live at 301 17 will deny just on the basis of lack of grounds
18 Ocean Drive, I'm somewhat confused, I don't 18 this request for rehearing, Thank you very
19 understand the basis for this re~est for 19 much,
20 rehearing, It seems to me that t e only basis 20 MR, GROSS: Any other gublic comment?
21 is that they have a new plan and they would 21 All right. If not, Boar comment?
22 like to have it considered, The reality of it 22 MR. QUINTANA: I'm total~ confused, I
23 is that the Helmut Jahn plan was, at the time, 23 don't see how if a project is enied, then it
24 of right. It is no longer, This plan is not 24 is brought back for reconsideration stating
25 of right. This plan is being proposed on the 25 that it's a different project. If it's a
Page 38 Page 41
I basis that the development agreement still 1 different project, then that is what it is,
2 live, That was what the agenda item said 2 It's a new project, and that is the way I
3 effective~ and that is the way that they 3 think, I don't see how you could justify it.
4 attem~ to have the Conumssion refer it to 4 This could be an endless situation going on
5 the, e Commission straightforward, seven to 5 forever. I really disagree with it.
6 no, said, no, The CiZ Attorney had issued an 6 MR, GROSS: Okay, Other sentiment?
7 opinion that the deve opment agreement was in 7 Carlos? Actually fi,ou were on the Board, but
8 default, The CommisslOn effective~ endorsed 8 you weren't here t at day, Okay,
9 that opinion, and that is now what's 9 Peter?
10 developer is attempting to sidestep, Th~ 10 MR. BLITSTEIN: I have a comment. For
II first attempted to sidestep the denial of e II the three of us who saw it, would we not be
12 Jahn project by going to the Commission, and 12 able to see it and make up our own minds if we
13 now thg are attempting to sidestep the denial 13 see it. It's the sarneJ;roject,
14 by the ommission by coming back to you, 14 MR. GROSS: We enied that project, So
15 This is an attempt to ~et a project 15 if they have a new project, then they should
16 which is 300,000 ,uare eet ~ater than now 16 subrmt the new project as a new application,
17 can be built built. don't un erstand the 17 Thefi are trying to say it's the same
18 basis for a rehearing, at least as they are 18 app ication, but I think that is a specious
19 stating it, because it simply is that we have 19 ~wnent as an attempt to get the old zoning
20 a new site plan, Now, my understandinJ;, is 20 w en they would get different zoning if they
21 from having ~oken with people in Sou Point 21 submitted a new application,
22 Tower and 10 ortofino Tower that they have 22 MR. TOUZET: And under a new submission
23 been representing to them, in order to get 23 what would the zoning be under, the
24 their acceptance, that this is a new plan, 24 submission,
25 This is a greatly revised plan, and now yet 25 MR. MOONEY: It would depend on when
Page 39 Page 42
I they are telling you that it isn't a ifeeatly I ther;;ubmitted it. When you considered the
2 reVIsed plan, and I don't quite un erstand 2 He ut Jahn !roject, the FAR was a 3.5 and
3 when this is a design review board, it is a 3 they propose a project that was a 3,5, Right
4 design board, that you have a project which is 4 now the current FAR is 2,5, The Planning
5 substantial\>{ different in every way that it's 5 Board at their June meeting is going to be
6 not materia ly different. I don't know what 6 considering a zoning ordinance amendment that
7 is supposed to be substantially different and 7 will lower the maximwn FAR on that site to
8 matenally different for this Board to 8 2,0,
9 consider, And, again, even for those of you 9 MR, GROSS: AS well as to potentially
10 who were not here, they are merely asking you 10 introduce height limits,
11 to reconsider this on the basis that they have II MR. MOONEY: well, more restrictive
12 a new site plan, and that it responds to the 12 height limits than they already have,
13 concerns, at least they say it responds to the 13 MR. GROSS: Don?
14 concerns raised by the staff, but at the time 14 MR. WORTII: I think just to second what
15 they should have responded is when the Helmut 15 everybody has said, I don't really see how we
16 Jahn p'lan was in place, and the& should have 16 can rehear it. I'm just looking at the letter
17 said, 'Oh, We hear, We'll go ack and we'll 17 from Mr, Schulman who states that one of the
18 redo it and please let us continue the 18 grounds for the basis of rehearing the Board
19 project," and then there could have been the 19 shall consider newly discovered evidence which
20 Issue of whether this is a material change or 20 is one of the criteria that we use for
21 not. But they chose not to, And this Board 21 rehearing, but it goes on to say the Board
22 chose to deny the project. Now, they come 22 shall consider newly discovered evidence
23 asking for a rehearing, Well, every developer 23 constituting the new site plan of the
24 will come askin~ for a rehearing whenever it 24 development that has been prepared,
25 is now that the oard rejects a proiect if 25 It's like saving we're now going to
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)
discover new evidence, which is really the new Page 43 plan, is appropriate for this Board to Page 46
1 1
2 plan, That is not the new evidence, I think, 2 determine that that is not newg discovered
3 that is referred to in our design review 3 evidence and that is not a suf Icient basis
4 criteria, I think really it's much easier to 4 for the granting of the rehearing, While we
5 start from scratch. Reconsider it. I don't 5 would agree to disagree, I think that is the
6 think anybody on the Board wants to start a 6 basis for you to deny,
7 precedent of every pr~ect that is denied that 7 MR, GROSS: Let's help with this motion,
8 we then ~t a request or reconsideration 8 I just want to make sure that it gets made
9 because e Board was wrong or founded on the 9 proIBrly, The one item you are saying is that
10 erroneous, It's just easier to start from 10 the oard believes there is not new eVidence
11 scratch, 11 that has been presented and that the Fullerton
12 MR, GROSS: okay, So somebody want to 12 plan would not constitute new evidence, and
13 make amotion? 13 the other one is what?
14 MR. TOUZET: I'll make a motion. 14 MS, GRUB: That the Board has not
15 MR. GROSS: Diana, maybe you can help 15 overlooked or failed to consider something
16 formulate the motion, because there are three 16 which renders the decision issued erroneous,
17 ~ounds in Mr, Schulman's letter. I don't 17 MR, WORTII: Do we have to reaffirm both
18 ow if we need to address them all. Number 18 of those points?
19 one he says that the applicant submitted 19 MS. GRUB: The petition for rehearing
20 timely concurrency reports in conjunction with 20 provides that it's one or two, which means an
21 the ap~ication and the staff recommendation 21 ,&plicant comin~ forward can prove up one of
22 to the oard, which the Board reviewed and 22 t ose grounds, ou can conclude that neither
23 relied upon in it's motion for denial, stated 23 of them have been satisfied, and, therefore,
24 that a concurrency analysis had not been 24 you're denying the motion,
25 conducted, 25 MR, BUTSTEIN: And the second one would
Page 44 Page 47
1 MS, GRUB: Can I rephrase it -- 1 have been the reason why we denied the
2 MR, GROSS: Yes, 2 original application?
3 MS. GRUB: -- and give you my input since 3 MS, GRUB: IS because the Board
4 there is a question? 4 overlooked or failed to consider something
5 MR. GROSS: Yes, 5 which renders the decision erroneous,
6 MS, GRUB: Regardless of what was before 6 MR. WORTII: I believe the applicant has
7 you, the ordinance has two requirements of the 7 suggested both of those reasons or either of
8 rehearing that has to be satisfied so what I 8 those reasons as a reason for rehearing,
9 would ~est is that if the Board feels that 9 MS, GRUB: Right. I apologize, I have
10 the groun under the ordinance have not been 10 to run to an executive session, So let me
11 met based on the evidence furesented, then you 11 just clarify, As far as I'm concerned, you
12 move to deny based on fai ure to have 12 received evidence in the form of written
13 satisfied the grounds. And those are, just 13 documentation, in the form of testimony from
14 for reference purposes, those are under 18271. 14 the public and other information that has been
15 MR, GROSS: we'll leave that part to the 15 brovided, and that information presented can
16 lawyers, l821? 16 e the basis for your conclusion that those
17 N!S; GRUB: Yes, It's the rehearing 17 two grounds have not been met by the applicant
18 prOVISions, 18 if the Board is goin~ in that direction,
19 MR. GROSS: Read to us the two wounds, 19 MR. GROSS: I think we can do that, plus
20 MS, GRUB: The grounds are -- I' 1 read 20 our own determination,
21 you the entire sentence, The petition for 21 MS, GRUB: Right.
22 rehearing must demonstrate to the Board that, 22 MR, GROSS: peter, do you want to make a
23 one, there is newly discovered evidence which 23 motion?
24 will probably chan!.e the results if a 24 MR. BUTSTEIN: she was a little bit
25 rehearing is grante , or, two, the Board has 25 more articulate than me,
Page 45 Page 48
1 overlooked or failed to consider something 1 MR, MOONEY: I would just say if the
2 which renders the decision issued erroneous," 2 Board would make a motion based upon the
3 So if either or both of those are the 3 presentation of the City Attorney that the
4 ~ounds of which you are denying the request 4 motion would be to deny the request for
5 or rehearing, you should so state based on 5 rehearing based u~on the failure of the
6 the information presented and the other 6 applicant to satis y the criteria listed for
7 testimony that you received, 7 reliearin[f in the ordinance, and then the final
8 MR, CARDENAS: counselor, if I can, My 8 order Wll be based upon what the City
9 position with re~ct to that about the new 9 Attorney just said.
10 evidence is that wanted to introduce the 10 MR. GROSS: I think we should go
11 Fullerton folks to &resent their plan so that 11 further, That there hasn't been new evidence
12 they can ga~e if e new evidence would 12 presented and that we don't consider a new
13 {ustify the re eari~, The~roblem is that if 13 plan to be new evidence,
14 'm not able to m e the ullerton 14 MR, MOONEY: I can put that in as well.
15 presentation, then they don't have the 15 New plans will not constitute new evidence,
16 evidence before them with which to make the 16 MR, GROSS: Okay, Exactly, So that's
17 decision, 17 the motion.
18 MR, GROSS: So you are saying that the 18 Whose motion is it? Peter's?
19 new evidence is a new plan? 19 MR, BUTSTEIN: 1 guess,
20 MS. GRUB: while I appreciate that 20 MR. GROSS:
21 position, I think, as far as the Board is 21 MS.1URNER: Mr. chairman, I just want
22 concerned, that it is total~ apthropriate that 22 to clarify that it's as to each file
23 if this Board detenmnes at at request, 23 applicatIOn, each number? The same motion
24 which is essentially suggesting to thou that 24 applies to each file number?
25 the newly discovered eVidence is e Fullerton 25 MR, GROSS: Right.
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HEARING: OCEAN PARCELS
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)
Page 49 As far as DRB File Number 9611, Ocean Page 52
1 MR, MOONEY: Also, Peter, you should 1
2 probably make it very clear that it's your 2 and Easement {:arcels located in the southeast
3 motion, just for the record, So that's your 3 comer of Sout Point Drive and Ocean Drive,
4 motion, 4 and the a~licant is requesting Design Review
5 MR, BLITSTEIN: Right. 5 approval or the construction of two 41 story
6 MR, GROSS: peter's motion, Seconded by 6 condominium towers with a total of 725 umts
7 Carlos, 7 and a 134 unit, 16 story hotel. A beach club,
8 MR, MOONEY: And this is for DRB File 8 retail, restaurant and parking facilities are
9 9193, 9 also proposed,
10 MR, GROSS: 9193 and 9486, 10 Ayam, the history of the application,
11 MR. MOONEY: why don't we do it 11 as we 1 as a descriptIOn of the project and
12 separately, Do one on 9193, and then do a 12 all pertinent matters related to the Desir
13 separate one for 9486, 13 Review criteria are indicated in the sta f
14 MR, GROSS: So the motion is to deny the 14 report, as well as a fairly lengthy analysis,
15 re'tuest for the rehearing on File 9193, All 15 The recommendation for this project is as
16 in avor of the motion signify by saying 16 follows, In view of the analysis and the
17 "Aye," Opposed? 17 staff report, as well as the inconsistencies
18 (Motion carries,) 18 with the design review criteria noted in the
19 MR. GROSS: Now let's do the same thing 19 staff report, staff recommends that the
20 for File 9486, 20 application be denied, In the event that a
21 MR, MOONEY: Be the same motion and we 21 new aRplication is submitted, it should comply
22 just need someone to make it. Peter, do you 22 with t e existing zoning code and address the
23 want to make it again? 23 concerns enumerated in the staff report, and
24 MR, BLITSTEIN: 1 guess, We're making a 24 we would make the staff report for DRB File
25 motion to deny -- 25 Number 9611 a permanent part of the record,
Page 50 Page 53
1 MR. MOONEY: Same motion for File 1 MR. GROSS: Thank you, Tom,
2 Number 9486, 2 Okay, AI?
3 MR. GROSS: The second is by Carlos, 3 MR, CARDENAS: For the record, Mr,
4 All in favor say "Ar'" Opposed? 4 Chair, Members of the Board, my name is Al
5 (Motion carries, 5 Cardenas, I'm an attorney at law with offices
6 MR. GROSS: So now we move to the S,O,M, 6 at 201 South Biscayne Boulevard, I'm here on
7 ~rojects for the OceanJ:arcel, which are DRB 7 behalf of the client applicant, Continuum
8 i1e 9192 and 9611. 0 we want to consider 8 Comlnanies, headquartered in New York City, As
9 those both together also? 9 ~ou ow, they are recognized as one of the
10 MR. CARDENAS: Frankly, for us to 10 eading devel~rs of residential, office,
11 tresent this to you in a timely economic II hospitality an retail space in the northeast
12 ashion, if we want to call it that, it would 12 Untted States, havin~ deve1M:d in excess of
13 be more appropriate, because the architect's 13 four million square eet in anhattan's
14 presentation is yoing to all be based on the 14 premier luxury condominium locations since
15 same, You wil have the same model and will 15 1978,
16 introduce one set of plans here, Eighty 16 Why we're here, We have the two
17 percent of what we are about to say wIll apply 17 fJifelications mentioned to you by Mr, Mooney,
18 equally to both presentations, to both files, 18 1 e Number 9192, for those of you who just
19 excuse me. So If we can make one presentation 19 joined the Board, is a matter which has been
20 for both files, I think it will benefit 20 continued three times, from ~tember 2, 1997,
21 everybody, 21 December 2, 1997 and March 0,1998, S,O,M,
22 MR. GROSS: so, Tom, read both staff 22 architects have met with DRB staff and
23 reports, 23 responded to concerns eXftressed in the Design
24 MR, MOONEY: The first is Design Review 24 Review staff reports resu ting in the
25 Board File Number 9192, Ocean and Easement 25 presentation you are about to hear,
Page 51 Page 54
I ~arcels located in the southeast comer of I S,O,M, a~lication filed in October 16,
2 outh Point Drive and Ocean Drive, Ocean 2 1997 was a sign File Number 9611. We call
3 Parcel. The applicant is requesting Design 3 this the as of right aptication, because it
4 Review approval for the construction of two 60 4 involves no suggeste variances, It reduced a
5 story condominium towers with a total of 725 5 height from an earlier application calling for
6 units and a 135 unit, 15 story hotel. A 6 a construction of two 41 st01 condominium
7 beach club, retail, restaurant and parking 7 towers and one 16 story hote, The matter has
8 facilities are also proposed, 8 been continued once from December -- twice,
9 A fairly lengthy history of the 9 excuse me -- from December 2, 1997 and March
10 application is indicated in the staff report 10 10, 1998, S,O,M, has responded to concerns
11 as well as all pertinent matters pertaining to II likewise regarding this application expressed
12 the satisfaction of the Desire: Review 12 by staff in their reports to ?cou,
13 criteria, as well as a fairly engt~ staff 13 With us today are the ollowin\e
14 analysis, I'm not goin! to read e staff 14 individuals, Mr, Nathan Hong on half of
15 analysis into the recor . I'll~ust read the 15 Continuum LLC. Mr, Joseph Pollack from
16 recommendation, In view 0 the analysis and 16 Kimley, Horn & Associates, who prepared a
17 the staff report and the inconsistencies with 17 traffic concurrencb' report from the Ocean
18 the design review criteria noted in the staff 18 front parcel. We ave with us landscape
19 report, staff recommends the aptication be 19 architect, Barry Miller, who is well known, I
20 denied, In the event a new a~p ication is to 20 believe, to the ORB, Daniel Johnson from
21 be submitted, it should comp y with the 21 Damson & Moore, who prepared a concurrency
22 existing zoning code and adaress the concerns 22 audit regarding water, waste water, drainage,
23 enumerated in the staff report, Staff would 23 and recreation. All of their background
24 also make the entire staff report a permanent 24 information I have with me, I'm going to save
25 part of the record. 25 time and introduce them on the record through
)
WORLDWIDE REPORTING
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Page 55 pr~osal and the concerns that the&: are Page 58
1 our Wesentation to the clerk, 1
2 e have, basicallf" 18 items that we are 2 ad essing in that Paragraph Num red 1 and
3 presenting to the cler as part of our 3 their Subparagraphs A through F. I want to
4 exhibits and these items, which are listed on 4 bring these to your consideration, In
5 our exhibit list, include the followintif I 5 Subparagraph A, staff states that the
6 can get to it in a second, As I'm 100 'ng for 6 submitted elevations of the tower and
7 it, we have 18 items, which Bob Delafuente is 7 ~destrian portions of the project needed to
8 going to be giving to the clerk, They include 8 fully detailed, We have large scale
9 the traffic concurrencr reports done by both 9 partial elevations and sections, and the
10 Kimley, Horn, as wel as reports from -- here 10 !TIodel, frankly, that we're,presentin~ to fi,OU
11 they are -- Damson & Moore report regarding 11 IS an appr~pnate substltutmg place or t e
12 water, waste water, The traffic concurrency 12 axonometncs,
13 analysis performed by Kimley, Horn, DaVid 13 The Item Number B"that's been done, the
14 Plummer & Associates review of data and 14 request.
15 ana~sis presented in existi~traffic 15 Item Number C, that's been done and will
16 con itions, interim report, e Art Plan 2,1 16 be part of our presentation,
17 analysis for Alton Road, 5th Street, McArthur 17 Item Number D has been done,
18 and Collins performed by Kim1ey, Horn, The 18 Item Number F. We've addressed this
19 staff reports for File Numbers 9192 and 9611 19 issue with a new landscape plan, which is
20 done by staff to the Design Review Board. The 20 being IPesented,
21 August 29, 1994 S,O,M, application, The 21 In arifaph 2, Subparagraph A, has been
22 October 9, 1994 letter from Continuum, The 22 done, and at's part of our presentation,
23 October 31, 1994 letter from Greenberg on 23 Paragraph B, which deals with a proposed
24 behalf of Continuum, The February 1 , 1995 24 entrance driveway system recommendatlOn, we
25 S,O,M, application. The July 18th 25 believe the traffic engineer's COmmentary
Page 56 Page 59
1 application, including correspondence from 1 advises against this proposal and we're
2 Mr, Schulman and from Grandin, And, lastly, a 2 willing to discuss it with you openly, and if
3 March 10, 1998 ORB staff~, These items 3 you feel otherwise, we're certainlYJoing to
4 are presented to you by Mr, lafuente of our 4 entertain your comments, but I thi at the
5 law firm and are part of the record, rather 5 end of the presentation, hopefully you'll
6 ~an having to deal with those items at this 6 agree that having a collechve combined
7 tune, 7 entrance for South Point, Portofino and the
8 So what I would like to do is introduce 8 Ocean parcel projects, it's not in the best
9 to you the architects from S,O,M, who are here 9 interests of the project collectively,
10 to make a presentation to you on the merits of 10 With respect to Paragraph Number 3, we
11 off our grl!Iosal, and these are Adrian Smith 11 have done each and every one of the items
12 and To d alampka, 12 mentioned by staff, Subparagraphs A, B, C, D,
13 As you know, S,O,M, is an architectural 13 E and F, The staff recommends separating the
14 firm based in Chic~o with additional offices 14 north pool from the tower, disco':::fing the
15 in New York, San rancisco, Washington, et 15 separation, However, the north poo is for
16 cetera, They have more than 10,000 projects 16 the hotel, not for the residential ~ests, so
17 located in over fifty countries, and some well 17 there was a need for separation t ere for
18 known works include the Sears Tower in 18 obvious security reasons,
19 Chicago, the John Hancock Center in Chicago, a 19 So Item Number 4, that's been done,
20 number of Four Seasons and Ritz Carlton 20 Item Number 7 has been done, So I just
21 Hotels, and have received every single 21 want to brinr to your attention that probably
22 possible award that you can imagine regarding 22 80 percent 0 the rationale for staff
23 their abilities, In short, they are one of 23 recommending denial are items that we have met
24 the mOst renowned architectural finns as you 24 and incorporated into what you are ftoing to
25 know, I also have Mr, Smith's vitae that is 25 hear today, So there has been signi lcant
Page 57 Page 60
1 being introduced for the record, who is one of 1 progress made in presenting to you, I would
2 the most reknowned architects at S,O,M, to the 2 S2J' more than 80 percent of the concerns
3 point where he was the C.EO, for a number of 3 a dressed by staff 10 their May 12th ~ort,
4 K,tars, So it's my pleasure to introduce 4 and as the architects rroceed to make eir
5 . Smith to lead us in the presentation of 5 presentation, you wil note and you can check
6 the project. Adrian? 6 mark that these items, which were excellent
7 MR. SMITII: Thank ttiiou, 7 suggestions by the way, have been covered to a
8 MR. CARDENAS: 1 'nk that, while 8 great extent.
9 Adrian istEtting the presentation ready, it's 9 MR, GROSS: while they are finishing
10 goin~to e a couple of minutes to set up, 10 setting up, let's make sure that we understand
11 so w 'Ie he's doing that if you don't mind 11 which zoning is in force, because it's ~etting
12 I'll n 12 very confusin!. as to when this particu ar plan
13 MR, GROSS: sing a song? 13 was submitte , This was subrmtted at the same
14 MR. CARDENAS: okay, If that's 14 time as the original Helmut Jahn proposal?
15 preferable, 15 MR. CARDENAS: These plans were
16 While he's setting up, I did want to go 16 submitted -- Bob, do you have the chart?
17 over with you the May 12th staff report, 17 I thought a chart would help the Board
18 because it is similar to the staff report that 18 decipher where we are, There IS an original
19 was prepared in March of this year, but I 19 applIcation submitted August 29, 1994,
20 believe that it doesn't include an up to date 20 MR, GROSS: That is the S,O,M, one?
21 report with respect to those things which the 21 MR, CARDENAS: And no action was taken
22 architects have done addressing the issues 22 by the City of Miami Beach, There was an
23 that have been presented by staff, And I lead 23 application number two that was identical to
24 you to iliage 9 of staff's recommendations and 24 application number one submitted February 15,
25 where ev are recommending denial of the 25 1995, Likewise, no action was taken.
HEARXNG:OCEANPARCELS
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Page 61 City Attomex opined that the '84 agreement Page 64
1 Finally, d'plication number three was 1
2 submitte to the city July 18, 1997, which was 2 was not In eXistence,
3 identical to applications numbers one and two, 3 MR, GROSS: But what was the threshold
4 and it was finally assigned File Number 9192 4 for the zoning in progress?
5 and scheduled for heannLr There were staff 5 MR, CARDENAS: 3.5,
6 r~orts issued on Septem 2, 1997, March 10, 6 MR, GROSS: what was the date of the
7 1 98 and scheduled for hearing today, May 12, 7 meeting, Tom, that we were considering if they
8 1998, It's architecturally identical pretty 8 had a completed plan in front of the Design
9 much, except for the incorporations of staff's 9 Review Board?
10 suggestions to the applications filed on 1994 10 MR, MOONEY: The first one lioU
II and 1995, 11 considered on Se~tember 2nd, ile Number 9192,
12 MR. GROSS: who were those filed with? 12 File Number 192 first came before this
13 Not with the Board? With the Design Review 13 Board on September 2nd,
14 Board? 14 MR. GROSS: what was the date of the
15 MR, CARDENAS: Yes, with the Boards, 15 meeting that they had to have the plans in for
16 What ~pened was that the applications were 16 in order to be grandfathered in?
17 filed, e then Assistant City Attorn?, John 17 MR, MOONEY: The~ had to have them in
18 Del~loria advised, in writin~ to Clif 18 before, I think, July 1 th, or something like
19 Schu man, attornet; for Porto mo, the then 19 that, or July 22nd.
20 applicant, that Cli f needed to state whether 20 MR, GROSS: And they have submitted them
21 he was filing them pursuant as of right, 21 in September?
22 pursuant to the City Code provisions, or 22 MR, MOONEY: No, File Number 9192 was
23 pursuant to the '84 agreement. Cliff said, in 23 submitted in July in order to beat the height
24 essence, "Well, I have every right to file 24 restriction deadlme,
25 them in the alternative and you chose where 25. MR, GROSS: The height restriction?
Page 62 Page 65
1 you think it sits, but we're filinf them both 1 MR. MOONEY: Yes, Last summer the
2 pursuant to the '84 agreement, i it's in 2 Planning Board was considering an amendment to
3 effect, because there's a legal issue with 3 the Code that would impose height limitations
4 respect to that, and in the alternative we're 4 on districts, and the Conunission took final
5 filing them as of right pursuant to the City 5 action on that and adopted the ordinance and
6 Code," 6 it became effective in October, This is one
7 John would not schedule them before the 7 of the projects that was submitted prior to
8 ORB unless Cliff chose path A or path B. 8 the Planmng Board taking action on the height
9 Cliff felt that it wasn't appropriate for him 9 limitation,
10 to do that on behalf of the client or in the 10 MR, GROSS: So even not going back to
11 client's best interests, So finally he kept 11 '94, but going to his '97 submittal, that was
12 filing applications until they came through 12 still earlier than the Planning Board vote,
13 the lfbocess, 13 MR, MOONEY: The other two that he was
14 e second ap~lication that was filed in 14 referring to were never put on a ORB agenda,
15 July of 1997 was lIed as of right and that 15 They were never issued file numbers, For the
16 was pursuant to the criteria in existence at 16 reasons he stated, they were never placed on
17 that time on the City Code since there was a 17 an ~enda or considered a completed
18 report from the City Attorney's Office that 18 apphcation,
19 the '84 ~eement was not in existence, So 19 MR. GROSS: 1 didn't know if he was
20 our positIOn is you chose your path, There 20 trying to make the argument that those were
21 are two aptlications before thou. They were 21 completed applications,
22 originally lled in time for e '84 22 MR. MOONEY: Were you making that
23 agreement, for the ten year period of the '84 23 argument?
24 rtieeement to be in existence, They also were 24 MR, CARDENAS: Not necessary,
2S I ed subsequent thereto, 25 MR. GROSS: Not necessary, because the
Page 63 Page 66
I In any event, under Scenario A or 1 other one does in light of the court ruling,
2 Scenario B, we feel that we meet the legal 2 in its more relevant argument last week.
3 criteria for that. There was a duestion 3 Okay, So are you ready? I have
4 yesterday, I guess until yester ay, as to 4 forgotten your name, I'm sorry,
5 whether perhaps one of those applications that 5 MR, SMITIf: Yes, My name is Adrian
6 may have been filed not pursuant to the '84 6 Smith, I'm a design partner with Skidmore,
7 agreement, but pursuant to the city code in 7 Owings & Merrill in Chicago,
8 existence at the time, and I think yesterday's 8 MR. GROSS: welcome,
9 court ruling is very clear on the record and 9 MR, SMITIf: Thank you,
10 advises us that all ~plications which were 10 We have a lot of things to go over
11 filed as of right at e time of the filin3 of 11 today, Primarily we'll be ~resenting two
12 the application and were complete, an we've 12 schemes, One, which is ca led an as of ripht
13 been advised by staff that the applications 13 scheme, which is the two tower schemd b
14 are complete and need to be heard on the 14 stories each, which you see in the middle in
15 merits based on the zoning criteria in 15 the model.
16 existence at the time of the filing, 16 MR. GROSS: In this town call them plans
17 MR. GROSS: Hold your chart up again, I 17 instead of schemes, All right?
18 want to see that ~ain if you don't mmd, 18 MR, SMI11I: Okarc;' Plans,
19 July 18th of' 7, 19 And the other p an consists of tw060
20 MR, CARDENAS: And then arflication 20 story buildings, and we're callin~ that the
21 four, which is File Number 96 , was submitted 21 variance scheme, variance plan, or these
22 October 16, 1997 consistent with zoning in 22 issues today,
23 existence at the time of filing, of October 23 We have been working on this site on and
24 16,1997, As?<,ou could see, Mr, Chair, 24 off for four years, and the genesis of the
25 October 16, 1 97 is about four weeks after the 25 plan that you see before you was developed
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MAY 12, 1998
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Page 67 the hotel, and dro~rng off at this point for Page 70
1 three to four years ago, When we first 1
2 started looking at the overall site context 2 this residential an carrying out and
3 realizing that the FAR was in the three, three 3 continuing out and exitmg,
4 and a half FAR range, we have a great deal of 4 There IS also a ~oint of access for the
5 densi~ on the site allowable to us here, we 5 parking garage at t is point and at this point
6 looke for contextual clues to draw uEon in 6 and a pomt of egress at thisJoint and at
7 terms of shaping and massing the bui ding 7 this point. So this system t es care of all
8 itself, and one of those clues, albeit 8 of the traffic, the vehicular traffic, in and
9 relative1G abstract, was the condition of the 9 out of the complex as far as drop-off traffic
10 two ~ systems that exist in South Beach, 10 is concerned and most of the parking,
11 one ing slightly diagonal to the other grid, 11 The yellow, what we call the "yellow
12 and one of the moves that we have made in the 12 brick road" here and coming around here and
13 massing that you see before you is to, in a 13 here and linking into this complex, is a 15
14 way, try to pick up that abstract quality 14 foot wide pedestrian walkwa~ which brings you
15 within the two towers, driving the more 15 in from South Point Drive, ou're walking
16 north/south ~d through the two towers 16 down, You can access the same circulation
17 connectinft em by that north/south grid, and 17 system by foot. If you go to the east or if
18 then the SIghtly northeast/southwest grid 18 you contmue on to the south, you corne down,
19 beginning to pick up on the facades on the 19 and at this froint we had located a series of
20 east and the west. 20 stairs here rom thi~oint to come down into
21 MR. GROSS: you're blocking the view of 21 South Point Park, e've recent~ reviewed
22 the map for the cameras, If you can stand a 22 this with staff. We have a new awing, which
23 little bIt to the side, 23 actually takes this and ramps it down instead
24 MR. SMITI/: And I'll show you that in 24 of taking a stair down so it's more accessible
25 later drawings, because it's a ltttle clearer 25 and it's more continuous in terms of methods
Page 68 of moving through the site for the public Page 71
1 and a little l~er in other drawings, 1
2 The secon feature that we thou,ght was 2 wanting to connect north of the site to south
3 important was to somehow fit within the 3 of the SIte,
4 context of Ocean Drive, and to line up the 4 In addition to these three large
5 west facades with the facades that go north of 5 buildings, we also have a series of two and
6 the project and to create an open VIew from 6 three story bun~alow or cabana type buildings
7 the north thro~ the project, a view corridor 7 that are hotel re ated, They are part of the
8 so to speak so at the buildings are 8 hotel. And the edge, both the north and the
9 constan~ lined up on the east side of the 9 south edges of the site, they act as a scale
10 drive an to the west then would be the open 10 reliever, so to speak, between the lower
11 ~ace that is to the east of South Point 11 densirr buildings that are off the site and
12 ower, to the east of the drive, to Portofino 12 the tal towers near the center of the site,
13 and South Point. 13 So that when you are on the sidewalk, you're
14 The third aspect that we wanted to take 14 view of the towers will be cut off by a series
15 into account was to create alo"& the east 15 of three story bungalow pieces, When you pull
16 coml'onent of the building, of e project, a 16 back from the site, of course you are in full
17 low inear hotel on the site, which would take 17 view of the towers,
18 advantage of the short distance used to the 18 Another thing that we did, after
19 east, to the Pacific, and, in a way, to create 19 discussing in the last couple of meetin~s with
20 a gateway for pedestrians to move thro~ the 20 staff is that the original application ha a
21 project and have views to the east over t e 21 16 story arched hotel piece actually here, and
22 water, 22 we lowered that to a seven story piece here, a
23 The fourth feature was to consolidate 23 three story piece here and two stories here.
24 all of the entries to a single central point, 24 So we spread the hotel out a little more and
25 and we have done that by essentially carrying 25 we lowered it in order to again respond to a
Page 69 Page 72
1 throu~ from Ocean Drive into the project, 1 more sensitive scale transition from 40
2 into t e site and then into a circular 2 stories down to grade,
3 drop-off which services both condominium 3 This is a circulation plan, The red
4 towers as well as the hotel complex, 4 illustrates pedestrian circulation, The blue
5 This also is relevant in the sense that 5 illustrates vehicular circulation.
6 it's relatin", to the circular drop-off for the 6 One of the contentious, I think, koints
7 Porto fino ower and for South Point as well, 7 that we've had with staff, we've tal ed with
8 trying to contextually tie the sense and 8 them about it a couple of times and we feel
9 memory of entry from one project to another. 9 fairly strong about this, is the staff's
10 With that we'll move into a slttly 10 desire to have a single point of access in
11 enlarged drawing of that showing e site plan 11 this vicini~, both to me east portion of the
12 for the two towers, for the condominium -- see 12 site as we! as the west portion of the site,
13 if I can move this over a little bit -- for 13 So that you would come in here from the
14 the two towers, for the condominium, for the 14 vehicular point of view and you would drop off
15 hotel complex, 15 there, and you would come in from the
16 MR. GROSS: You know what? I think it's 16 vehicular point of view and drop off there,
17 worse, Ron, can &ou get that on camera? 17 While there isn't anything phrsICal that
18 Maybe *ut it ack where it was, 18 couldn't allow that to occur, felt rather
19 Okay, e's got it now, That's great. 19 strongly that by separating the two access
20 Good, 20 points and allowing for a pedestrian way, a
21 MR. SMn1I: So what you see here in the 21 major pedestrian way to come in between these
22 orange or coral, terracotta color, is the 22 two points, itJives a freer separation of
23 automobile entrance into the circular drive 23 pedestrian an vehicular movement in such that
24 dro~ing off at this point for this 24 hOU are already crossing South Point Drive
25 reSl ennal, droooing off at this point for 25 ere from the north coming into the site, I
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MAY 12, 199~
Page 73 that are sitting on tOR of retail space there, Page 76
1 didn't feel that 1cou should have to cross 1
2 another two to our lane access point to get 2 So ~u have a sort of transition,
3 into the project once you've crossed those two 3 ese are some of the typical hotel
4 lanes there and two lanes there, And by 4 1100rs, This is now two stories, this is
5 separating here it allows the pedestrian 5 three stories, and this is a seven story
6 movement to really circulate in an unimpeded 6 element. Then each of these have a roof top
7 way connecting the park to the north, 7 terrace addition to them, It's easier to see
8 That's a fmrly important issue in terms 8 that on the model.
9 of consideration of the site, The other 9 We then get to the office floor plans --
10 aspect of this is that it allows you also to 10 I'm sorry -- the condominium 1100r ~lans, and
11 access the circulation of the residential, the 11 you can see the shape of the condo pans,
12 circulation of the hotel, the circulation out 12 which are fairlh' ~ical ug thro~ about the
13 into the beach front areas. and, generally, 13 34th floor, 35t oor, an then ey step
14 the car is a secondary device in the overall 14 back from the west side and form more of a
15 circulation of the site as you can tell from 15 point tower on the remaining floors up through
16 the amount of red arrows, red lines, red dots, 16 41. The basic difference, by the way, between
17 to the amount of blue dots, 17 the 41 story scheme and the 60 story scheme is
18 Also, while we're still on the site 18 in the design of the tower, and in the design
19 plan, I want to point this out, that the 19 of the 60 story scheme the tower is pretty
20 walkway is coming in here and has been 20 much this footprint all the way up, It's a
21 modified to ramp around the landscape to come 21 smaller footpnnt ~oing taller, In the 41
22 in, It's a longer length, because it has to 22 story scheme, we ad to take the area from
23 come down a floor, It comes down about 14 23 those 20 floors and reallocate it to the
24 feet in elevation, 15 feet in elevation from 24 building so the buildin~ sort of f:Jw a bustle
25 this point down to this point, but then 25 piece to the west in eac of the acilities,
Page 74 in each of the buildings, So that's the Page 77
1 connects into a walkway system that gets you 1
2 over to South Point Tower. 2 prim~ difference between these two schemes,
3 This is the landscape plan that Barry 3 ThIS drawin~ begins to illustrate now
4 Miller can address at a later point in time, 4 the nature and c aracter and scale of the
5 MR. GROSS: Take us to the elevations, 5 street wall. This is the South Point Drive
6 Give us some idea of the concept. 6 elevation here with the automobile entrance
7 MR. SMITII: I just have a few ~ick 7 there, pedestrian entrance over here, and
8 plans that I will go over real quic y, and 8 we've also been able to locate some retail on
9 Just point out pertinent issues which I think 9 the opposite side on the other comer, and
10 are important to the elevations and to the 10 it's essentially one story ~ace of retail
11 activity around the site, 11 with the trellIS to feature e white element
12 ThIS is the service drive, which comes 12 represents a column and open trellis system,
13 in behind South Point Towers, enters our site 13 EIght feet back behind that is where the store
14 here, comes in to a covered structure, which 14 fronts are and both those systems are off of
15 services the hotel loading dock, the 15 the prJIherty line to the south of the pr~erty
16 residential loading dock, and these are hotel 16 line, en on top of that are a series 0 two
17 oriented service areas and residential 17 and three story bungalow pieces that help to
18 oriented service areas. Everythin\hlse here 18 mitigate in a way the tower g,resence from the
19 that you see in white is parking. 's is one 19 street. The tower is behind ere -- well, I'm
20 level below grade now, 20 not sure that's the right point, but those are
21 MR. GROSS: lUSt to orient us on the 21 setback lines, But they are really right
22 scale, where is that? 22 here, I'll show you in some other drawings,
23 MR, SMITII: This surface here is the 23 MR. WORTII: From a perspective point of
24 park. The park is south. Up is north. So 24 view, from the top of that cardboard how many
2S what you are seeing here is the park, and 2S stories of the tower would that be? Would
Page 75 Page 78
1 that's where the drive is coming in, 1 that be ten, twelve?
2 MR. GROSS: But how do the vehicles get 2 MR, SMITIi: That would be about ten
3 there? There is an existing service road. 3 stories,
4 MR. SMITII: Yes, 4 Then ~etting into the elevations of the
5 And so at grade now, this is basically 5 tower itse f -- sorry, I didn't talk about
6 elevation seven, which is the existing 6 this, This is the retail elevation, This is
7 elevation at South Point Drive, we have the 7 the elevation on the south side facing South
8 magenta color both here and here, In other 8 Point Park, Here is where the truck enters,
9 words, the base of the building, which is 9 Here is for the truck dock, This zone here is
10 parking, is surrounded by retaIl space, Both 10 where the stairs were, but where the ramp now
11 on the south, the retail is actually facing 11 is coming in and down from the "yellow brick
12 out to the ~ark, which gives a little more 12 road," and this is, again, retail frontage
13 friendlJ e e condition to the park and we 13 with the same trellis character to it, with
14 think at we'll actually get good revenue 14 the bungalow pieces separated by some spaces,
15 from that retail at this pomt. The retail 15 but also sitting on top of the retail space
16 here is facing South Point Drive to the north 16 there,
17 and everything else in white is parking, and 17 Here you can see the hotel dotted in,
18 the bei1e color here is a beach club and the 18 That's looking north to the south from the
19 lowest evel of the hotel. 19 park,
20 That is basically at grade, 20 This elevation is now looking at the
21 One level above grade is where you see 21 facility from the east -- you're in the water
22 the hotel rooms startmg to hit the landscjtl 22 so to speak -- looking back towards the west.
23 terraces which are fronting the beach, an the 23 You're seeing the hotel component at seven
24 cabanas that are now sitting on top, directly 24 stories here, stepping down to four stories
2S on too of the retail space t1iere, and cabanas 2S there and there, and then going to two stories
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Page 79 Looking at it from the water and seeing it Page 82
1 there, The 41 story tower is here, 1
2 One of the things that these elevations 2 from the southwest.
3 have a hard time d&ictin~, because buildings 3 MR. GROSS: I will say 1 appreciate GOur
4 are in front of buil mgs, ut for the ftrst 4 building the model, because It deftnite y
5 seven floors of the tower much of the tound 5 helps to let us understand what it is that
6 floor is open to the air, So you really aye 6 you're proposing,
7 a structure coming up to the fust resldential 7 MR, SMITII: Here are a series of model
8 floor at roughly seventh floor. So it opens 8 photographs, This one is from the east. It
9 up vistas through the site, short distance 9 shows the hotel coming through, The gateway
10 Vlews to the site, certainly looking north 10 ~iece coming out. The skin facing east.
II and certainly looking south, 11 ortoftno Tower in the background,
12 MR. GROSS: Tell us what the design 12 This is what it looks like from Collins
13 concept is behind the elevations if JOu could, 13 Drive,
14 MR, SMITII: The genesis of the esign 14 MR, GROSS: Collins A venue,
15 concept is one where, ftrst of all, we're 15 MR, SMlTI1: You see the space between
16 trying to identifr these two buildings with 16 them is roughly 200 feet between the two
17 the previous bui dings built as part of the 17 towers, You are now seeing the two west walls
18 master plan, Portoftno Tower and South Point 18 of the tower. They are broken up again to
19 Tower, So some of the colors and materials 19 create smaller components,
20 have been drawn from those buildings, 20 And that is pretty much it. We also
21 In addition to that, we're trying to 21 have brought WIth us six material boards, We
22 identify an esthetic which is at once modem 22 can iht into detail with those if you like,
23 and consistent with the era that we live in, 23 but ese material boards are the real
24 1990 and 2000, without trying to be retrograde 24 materials that we pr~ose for the project,
25 about it, and, at the same tune, try to be 25 covering everything rom exterior paving,
Page 80 interior paving, interior walls, interior Page 83
I influenced by the character of the 1
2 architecture m South Beach, As I'm sure JOu 2 ftnishes, ex tenor colors, exterior glass,
3 are aware, it's very difftcult to do that wi 3 MR, GROSS: Maybe just show us the
4 a 40 stog tower where your J?recedents are six 4 exterior board, I'm curious,
5 stories, lve stories, eight stones and 5 MR, SMITII: Right up here,
6 ftfteen stories in certam cases, 6 These are the prim~ blue glass, the
7 Nevertheless, our attempt is to do that, but 7 primary green glass use for the project. The
8 in a fairly highly abstracted way so that the 8 mullion color would be a pale thillow, It's
9 character is one where it's attempting to link 9 hard to look at these colors in's light,
10 to its neighborhood, 10 because it's not really -- can you turn these
II In addition to that, the twin tower II on? It's so dim in here that everything gets
12 scheme, as a diagram, was seen as a sort of 12 washed heavily by the sun,
13 gatew~ coming in, a gatewr; to Miami and from 13 Todd, maybe move that light over
14 oats at would come in of of the Pacific, 14 further,
15 off of the Atlantic, and the two towers at one 15 Various accent colors that would be used
16 time, in fact, were tied together with a third 16 thro~out the tower,
17 piece, But we felt that we did not want to do 17 e stone that you see, the predominant
18 two identical towers, We wanted to do two 18 use of the beige material in the buildin~s
19 towers that had a strong connectivity between 19 the stone ftnish in a beige color tone, e
20 the two and had a relatlOnship between the 20 grid -- show that on the model now -- the grid
21 two, but could in a way feel, we felt, as 21 Itself, terracotta grid, is a metallic sort of
22 siblings so to speak, 22 terracotta rtnd that you see there is this
23 At the same time there was a strong 23 terracotta mish or ceramic tile ftnish, and
24 attempt to break up the massing of this large 24 it's also used on the vertical elements, both
25 building into a senes of more component 25 on the west side, south and north side to help
Page 81 Page 84
1 parts, We felt that a 40 story tower here of I break up the mass again, the vertical
2 a single cohesive skin or expression or 2 elements, Then there is a use of bronze glass
3 identlty would not be in keening with breaking 3 in these pieces of the condominium working
4 up the scale of that into sma ler component 4 along WIth that ceramic ftnish.
5 parts that could then begin to be identifted 5 MR, GROSS: Thank you very much,
6 with parts within the city, So the ch,e in 6 MR. SMITII: Th~ou,
7 color fromr.een glass to blue glass an the 7 MR. GROSS: All ri t, AI, that's the
8 break up 0 vertical elements within the 8 architect's presentation. I would like to get
9 facade are used in an attempt to, in a way, 9 some public comment, unless there is something
10 collage this building together of a series of 10 else that you want to do fust.
11 different elements, 11 MR, CARDENAS: I just wanted to spend a
12 MR, GROSS: okay, Why don't you brin, 12 minute or so with reaching the I~al
13 it to a conclusion so that we can move on, 13 conclusions of what you have be ore you, As
14 think you have ~iven us a pretty good idea of 14 you know, the existing zoning for these
15 the thinking behind the project. 15 bro~rties, and at the time of the ming of
16 MR. SMITII: These are a series of 16 ot applications which are before you today,
17 sketches that illustrate particular view 17 was CBS3. We believe that all zoning criteria
18 ~oints from around the site, This is on South 18 has been met brt; the ap8licant. That one
19 oint Drive, fairly close to the sidewalk, 19 a;lication is lIed in ctober of '97 as of
20 lookiffr at the retail with the trees and 20 n t, October 16th of '97, meaning in
21 Porto mo Tower and the new condominium 21 existence with the criteria. The a~plication
22 project rising at this point. 22 that was File Number 9192 on Ju b 18,1997 was
23 This is lookin~ down from Ocean Drive, 23 submitted under the provisions of oth the
24 You see these bui dings linin~ up with other 24 development agreement as a prorosed and
25 buildings on the east side of e street. 25 substantial modification, as we! as under the
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Page 85 the merits? Page 88
1 existing code, I
2 Lastly, I wanted to bring to your 2 MR. MOONEY: Technically sSeeakin~ your
3 attention that even though we have complied 3 first hearing on the merits was ptem er of
4 with the city's setback request, I just wanted 4 1997, Most of the requests for a continuance
5 to formally place on the record that we have 5 were at the request of the aficplicant.
6 complied, but disagree with staff's 6 MR, GROSS: Didn't we ear this once?
7 interpretation in terms of the setbacks, and 7 MR. MOONEY: You did hear this one time,
8 that is that -- 8 The architect has made and did make a
9 MR, GROSS: you're on page 3 of the 9 presentation on both -- well, I know you made
10 staff report now? 10 a presentation on 9611,
11 MR. CARDENAS: Yes, 11 MR, GROSS: I don't think the architects
12 In evaluating the setback requirements 12 were here,
13 staff came up with a new interpretation in 13 MR, MOONEY: 1 know somebody made a
14 1997, which may have apblied strictly to our 14 brief presentation,
15 clients, perhaYis to others, ut with respect 15 MR, GROSS: probably Mr, Schulman,
16 to how it app ied to our clients, the new 16 MR, MOONEY: It may have been
17 interpretation imposed a comprehensive 17 Mr, Schulman,
18 limitation to the entire I?arcel, and in 18 MR. CARDENAS: My point to you is that
19 viewing the S,O,M, desi~ in conjunction with 19 we aIffcreciate the fact that this is such a
20 the existing South Point ower and Porto fino, 20 signi icant ~roject for Miami Beach, We
21 meaning part of the 18 acre parcel, staff 21 appreciate t e fact that all of you may
22 detennined that it directly impacted on the 22 continue to have interestin~ suggestions, The
23 pennissible hei~ts for the project. This new 23 only reason I'm bringing t ese lime tables to
24 mterpretation 0 the setback requirement was 24 your attention is that we want to work within
25 in direct contrast to the application of the 25 the confines of those time tables for you to
Page 86 Page 89
1 setback requirements that was made for 1 reach a final decision on the merits so that
2 Portofino at the time that the project was 2 we don 't stra~ from those and then have a
3 allowed, and should the same requirements that 3 technical pro lem.
4 were ;Eplied to us in '97 had been arplied to 4 MR, GROSS: AI, there is one other legal
5 Porto mo at the time of it's approva , 5 issue that I would like you to address before
6 Porto fino would have been too tall and would 6 we turn to public comment. There was some
7 have violated the setback requirements when 7 suggestion at the prior meetings that if this
8 considered in conjunction With the existing 8 was one master Site that the consent or the
9 South Point Tower. 9 joining by the condominium unit owners in
iO However, in re~onse to the city's new iO South Pomt Towers and in Portofino Towers
11 interpretation of set ack requirements and to 11 would be required. I'm curious what your
12 comply with staff's wishes, our architects 12 opinion is on that subJect,
13 sigmficantly reduced the he~t for the 13 MR. CARDENAS: I' \rive you the two
14 prd'osed towers from the 6 0 feet to the 449, 14 opinions as I understan them, I know that
15 an that is what you have before you in the 15 the attorney for the Porto fino board or
16 model, and I wanted tfi;ou to understand that. 16 association, John Shubin, had Screviously
17 MR. GROSS: say at again? You reduced 17 stated that he felt that the join er was an
18 the height from what? 18 issue that was applicable and that the joinder
19 MR. CARDENAS: 670 feet to 449 feet. 19 of both boards was ~plicable in the
20 MR. GROSS: So you took 20 floors off in 20 application, We dif er from John for two
21 order to avoid that issue with the variance 21 reasons. First, we feel that the overall
22 for the South Point Tower removal. 22 legislative intent of joinders is to provide
23 MR, CARDENAS: That is correct. 23 protherty owners an others having an interest
24 So in conclusion we feel that both our 24 m e prohe~, primarily lien holders,
25 applications are legal and rightfully and 25 mortgage 01 ers, et cetera, with the
Page 87 Page 90
1 properly before you today, and for you to 1 of?eortunity to be tart of the process since it
2 reView them on the merits of your ORB 2 a ects the value 0 the pro\N~ in which
3 criteria, and the only other sUi;estion that 1 3 they have a legal interest. e elieve that
4 have is that the proper criteria or ORB 4 that :roplies to the 18 acre parcel, and,
5 evaluation is a criteria that was in existence 5 there ore, excludes the right of condominium
6 at the time of the filing of the applications 6 property owners to request a joinder over
7 and not the criteria that may have been 7 property where they have no property interest
8 adohted for new applications that are filed 8 per se,
9 fort with, and I wanted to bring that to your 9 However, to ~o even further, now that
10 attention. 10 our clients own t e property, not Portofino,
11 The last thing is, especially the July II in essence we're the fee simple title holders
12 1997 application, as you know it went through 12 to an 12.48 acre !.arcel that is legally and
13 a series of deferrals and changes and today is 13 separately owne , and for the purposes of the
14 the first hearing on the merits, but since 14 ~Olnder provisions of the ordinance, we
15 there is a one year, I think, lhiovision on the 15 elieve that at this point in time there is no
16 city with which to do some 'ng on the merits 16 connection between the legislative intent of a
17 with respect to the application, that leaves 17 joinder possibility and the fact that we own
18 this month's hearing of May 12th and next 18 this pro~~ free and clear, I think the
19 month's. I will have to meet with staff and 19 only fo at have a rir\]t with respect to
20 counsel to confer with respect to what happens 20 the joinder provisions 0 the ordinance are
21 after June, 21 the property owners and any lien holders that
22 MR. MOONEY: Actually, you have until 22 may have a mortgage interest.
23 August. You have one year from the first time 23 MR, GROSS: Just to flush that out
24 that you are heard, 24 though, how did your client get title to that
25 MR. GROSS: Didn't we have a hearing on 25 piece of property' with their still being part
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1 of the master plan technically, I don't 1 other massive condominium, So it is the
2 understand how that happens, Is there some 2 privatization of South Point Park on one end
3 kind of covenant that gIves you ri~ts to the 3 and on the other end it is the complete
4 master plan site? If you own the 8 acres, 4 obliteration of Pier Park, which is where
5 wouldn't there have to have been a lot split? 5 Penrods sits today,
6 MR CARDENAS: No, We don't believe 6 If GOu were to move this light -- and,
7 that there is a need for that. We'll proceed 7 actual y, I saw the shadows that were being
8 with a waiver of plat at the appropriate time, 8 ca<;t -- if you were to move this li~t to this
9 MR, GROSS: So you have a deed to -- 9 end,&,ou would see exactly what ese
10 MR, CARDENAS: This property sold -- 10 buil in~s are going to do to the-&ublic liark
11 excuse me, Mr, Gross, For purposes of your 11 of Pier ark and to the beach, at's a 1 I
12 technical requirements so that you understand, 12 would like to say,
\3 this prope~ has, basically, one side faces a \3 MR, GROSS: Thank you very much,
14 park, the ot er side faces the ocean, and, as 14 MR, GROSS: please mtroduce yourself
15 such, doesn't meet the ~latting criteria as a 15 for the record,
16 single site in terms of t e County's rlatti, 16 MS, CAL'>TEIN: Sea Calstein,
17 provisions, We can, obviously, aPt y, an we 17 Many, years ago when we came down, and I
18 will, for a waiver of plat from the ounty as 18 think a lot of Mople have come down with the
19 a way to deal with that issue, which I feel 19 same feeling, iami Beach was a very casual
20 it's legally a?cpropriate, So to make a long 20 area to live m and this is what most people
21 story short, or the IJurposes of the site 21 liked about Miami Beach, You know, I feel so
22 development itself, 'm legally comfortable 22 strongly, and I don't know how much longer I'm
23 that a. waiver of plat will accomplish what the 23 goin~ to be around, but for the future of
24 client wants to accomplish, From the 24 peop e who are going to live here, I feel so
25 standpoint of the city applying as we did 25 strongly that they are losing the image, They
under the 18 acre parcel concept, provides the Page 92 are creatin~ a situation like :tou have in Page 95
1 1
2 city, and, I think, everyone else, with the 2 northern CIties. You know, m New York they
3 standards that you want to adhere to in terms 3 say "It's a wonderful place to come to, but I
4 of being able to have an overall say on what 4 wouldn't want to live here," Of course not.
5 happens in the 18 acres with respect to 5 These materials that were brought in are
6 pedestrian traffic and massing and other 6 just so exciting and beautiful. The des~s
7 Issues, So I think that we're able to 7 of the buildi~ I can't find fault with e
8 accomplish everything that we want to in the 8 design, I thi they have done a great job,
9 way that it's been handled, 9 These things belong out west somewhere, west
10 MR, GROSS: okay, Thank you, 10 of Miami, not east of Miami, They don't
11 Let's take some public comment. AnYbo~ 11 belong on the beach, This is great. I mean,
12 who would like to speak, please come forwar , 12 if 1Jou like diminutive things and you're into
13 MR, MOONEY: saul, I JIbt wanted to say 13 do 1 houses, this is adorable, It's
14 one thing for the record, e interpretation 14 absolutel~ adorable if you're into doll
15 that the attorney was referrinr to was not 15 houses, ut let's be realistic, I don't even
16 particular to this, In terms 0 the height of 16 know if these things are in proportion one to
17 the building and the manner in which it 17 the other, But, assuming they are, we're not
18 affects the setback, that interpretation is 18 talking about this 40 story tower, This is
19 not specific to this property, 19 one foot tall. We're talking about something
20 MR GROSS: This is not the only 20 400 times the size of this, And the young
21 property, 21 woman who was here before, I don't blame her.
22 MR. MOONEY: No, That's the way the 22 They're being closed in the people who live in
23 zoning ordinance is interpreted, 23 this building, I don't blame them for being
24 MR. GROSS: Is that the way it was 24 upset.
25 interpreted for Portofino though? 25 She wanted to move the light over here,
Page 93 It was interesting when this light was on Page 96
1 MR, MOONEY: I don't know, I would have 1
2 to speak with the zoning administrator to see 2 shinin~ down on it, like the two o'clock sun,
3 what the interpretation was back at that time, 3 Even en there were shadows being thrown from
4 MS. RIGALLETA: For the record, my name 4 one building to another, What happens when
5 is Esther Rigalleta, I'm a unit owner from 5 the sun rises and when the sun sets, All
6 South Point Condominiums, I'm one of the 6 these people will lose the benefits of the
7 people who will be completely behind this 7 wonderful natural things that Miami Beach had
8 thin~ and in some of the pictures, actually, 8 to offer. The sun will not be available to
9 our uildin& didn't even appear, But I'm not 9 them, The air will not be available to them,
10 going to ta about whether I lose the view or 10 This reminds me of the blue and green diamond
11 not. First, I would like to say that this 11 for goodness sakes, The next thinlf, you know
12 actually does a lot of fustice to taint 12 they'll be neutralizing the land in etween
13 architects from New ork and hic~o, It does \3 ~ust like the~d out by the diamond
14 belong there, It does not belong in this 14 uildings, at's going on here?
15 comer of our world, of our city, I would 15 I don't blame these peo~e for being
16 like to say, especially, one thing that I had 16 upset. Like I say, I won't here to live
17 not noticed until today, and that is that the 17 with this, I'm sure, but I mean I emphasize
18 project significantly and effectively 18 with whose who will. These people have such
19 privatizes South Point Park, I don't know if 19 wonderful im;finations, There is no question
20 pOu noticed that the entrance to South Point 20 about it. Like say, the fabrics goin~ mto
21 ark becomes a walkway on one end and on the 21 the building, the designs of the building --
22 other end, it becomes a service road, It's 22 whr don't th~ cut them down and put a few
23 actually the same service road that will be 23 bui dings on e ~ound that will fit into the
24 used for the hotel, for the massive 24 image of Miami each,
25 condominiwns, for my condominium, and for the 25 MR. GROSS: Thank you,
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Page 97 question, Are they not presentintt the 60 Page 100
I MS, LIBOVICI: I'm Linda Libovici, a I
2 resident of South Point Towers, 2 story building, because mitially ey were
3 Dear Design Review Board, and Mr, Famous 3 going to present them both together,
4 Architect -- 4 MR. GROSS: He has it here, I think
5 MR, GROSS: which famous architect are 5 they eXplained that the other dlan is to lop
6 you talking about? 6 off the top 20 stories and ad a little piece
7 MS, LIBOVICI: This gentleman, 7 as you see on that model, which lowers it 20
8 I don't think ~ou understand the soul of 8 stories, That is why that height, the model,
9 Miami Beach, It s Collins Avenue, It's not 9 is 449 feet, roughly the same feet as
10 Collins Drive or Lake Worth Drive, We are in 10 Portofino, They have two plans,
11 an historic, the most beautiful spot in Miami II MR, SHAB: Are these then two separate
12 Beach, This is not the Sears Tower. They do 12 applications?
13 not belong in this area, 13 MR, GROSS: Yes,
14 The service drive, The service drive is 14 MR. SHAB: Is the one afplication then,
15 inade'lfate for the current residents of South IS the one they refer to "as 0 ri~t," which I
16 Point owers and Portofino Towers, We 16 presume is the 40 story one, cause that
17 discussed in our condominium meeting la<;t 17 seems to reflect the height at the time, would
18 night the fighting that's going on in the 18 be this one?
19 service drive because it IS inadequate with 19 MR, GROSS: Right.
20 only half of Porto fino occupied, Your voice 20 MR. SHAB: This one then is to be in
21 is very calming, I don't think you would be 21 under the develoliment agreement? Is that the
22 so calm if you were held up in this narrow 22 basis for filing t 's?
23 lane, You would experience some road rage 23 MR, GROSS: I'm not sure,
24 yourself. 24 MR. MOONEY: They are both under the
25 There are an awful lot of structures 25 ordinance, because the 60 story building is at
Page 98 Page 101
I here for such a small lot. This scheme is I a 3.5 FAR, as is the 40 story, As you can see
2 totally inappropriate in des~, size and 2 there, it's a taller, but a much more slender
3 scale to the district as regar s planning, 3 two towers, The other one is shorter, but is
4 design and historic preservation. This ill 4 a little wider,
5 conceived scheme will defile the area, making 5 MR, GROSS: I think the main issue is if
6 it unattractive to home owners, national and 6 the height is taller than Porto fino then there
7 international visitors, It will destroy a 7 are some variance issues that they are trying
8 world famous location for ghoto~phy and 8 to avoid, Is that it, Tom?
9 filming, which gives us pu lic re atlOns for 9 MR. MOONEY: well, they basicallr:' I
10 this area, The cruise ships going by will not 10 mean, unless, counsel, correct me if 'm
II see the beauRc; of Miami Beach, II wrong, they conceded that the taller towers do
12 The traf IC increase cannot be sUPSiorted 12 require variances, but that the shorter ones,
13 by current infrastructure, Traffic stu 'es 13 the ,as of right buildings, do not require
14 that have been done are based on, what we have 14 vanances,
IS heard, incorrect data, You cannot increase a 15 MR. CARDENAS: I believe that we're
16 narrow barrier island unless you build roadway 16 obviously moving forward on both afeplications,
17 on land fill, and we cannot even get enough 17 If you refer the application to the tal er
18 sand now for beach renourishment. 18 structures, that would mean that we would
19 The~arking necessary for these projects 19 either have to challenge somehow staff's
20 for resi ents and support staff cannot be 20 tersfcective or follow their conclusions and
21 accommodated unless&;ou build ten story solid 21 lIe or variances, setback variances, to meet
22 concrete pedestals or g ten stories under 22 the setback requirements which staff claims
23 ground, and that's impossible in a strata that 23 are necessary and are not met by the taller
24 cannot even support an individual grave site, 24 structures,
25 The shadows cast on our public beaches 25 MR, GROSS: Thank you,
Page 99 Page I 02
I will destroy what some people consider the I MR. SHAB: But neither of these are
2 most beauhful beach in the world'r&erhaps a 2 under the development ::feemenL These are in
3 rival to the ~anema Beach, And's is the 3 under zoning, as of right.
4 most beauti ul beach in a non-wilderness 4 MR, CARDENAS: Actuallr;' the one that is
5 setting, 5 as of right, that is correct. t's filed
6 So, please, there is no reason to 6 outside the purview of the development
7 proliferate bad design and planning, This is 7 agreement,
8 a beautiful area. Please respect it and do 8 MR. GROSS: which one is that, AI?
9 the right ~ for this last open corner of 9 MR, CARDENAS: The model that ~u have
10 the beach, ank you, 10 here, the 400 some feet height one, e one
II MR. GROSS: Thank you, II proposal that involves the taller structures
12 Next speaker, please, 12 that, according to staff re~uires setback
13 MS, LOZQUEADO: I'm Francesca Lozqueado, 13 variances, that one was fi ed by Mr, Schulman,
14 I came from ltalki I'm a resident in South 14 the attorney for the original applicant under
15 Point. I am wor 'n6 in America, I got four 15 both critena, as of ri~t and a
16 nominations at the scar, and I was nominated 16 non-substantial modification to the
17 also this year for a Rart already, 17 development agreement So that is how he
18 So I came here lve years ago, I was 18 filed it, and somehow it's made it's way here
19 struck about the beauty of South Beach, I'm 19 on that basis and that is where it is right
20 so destroyed about this, believe me, that we 20 now,
21 destroy everything, 21 MR, GROSS: why do we have a third one?
22 That is my opmion, That's it. 22 What is that one, just as long as we're
23 MR. GROSS: Thank you, 23 clarifying the mo el.
24 MR. SHAB: My name is Charles Shab, I 24 MR. SMITH: I think at some of your
25 live at 301 Ocean Drive, I do have one 25 staff meetings, or meetings with your staff,
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1 there was some discussion about whether the 1 assure you that Porto fino Tower never
2 shadows wouldn't be better if the building to 2 disap.J{ears, It makes no difference where you
3 the north was the shorter building and the 3 are, ou can, perh;gs, be lying face down in
4 buildinJ to the south was the taller building, 4 the street and it mi t disappear, but that is
5 So we id this massing model and we also 5 about the only time it's ever going to
6 studied the shadows on these three schemes, 6 disa~pear,
7 looking at that, having a different 7 0, again, just to summarize, it would
8 relationship with these two, and so we brought 8 seem to me that it would behoove this Board
9 the model to show you, 9 and behoove the developer to look at the
10 MR, GROSS: But the shadows, I imagine, 10 massing and to say "This is not appropriate
11 in any of these are well over onto the ocean 11 massing, "
12 and beyond the beach? 12 We have a very large site here, There
13 MR, SMITI1: In the late afternoon, of 13 is an opportunity to bnng this massing down,
14 course they are, but, in fact, in the late 14 There IS an oP-fhrtunity to provide a lot more
15 afternoon the existing context buildings also 15 variety here, ere's an opportunity to make
16 create the same shadows, 16 a lot more use of living at street level and
17 MR. GROSS: Right. 17 there's also a lot of opportunity here to make
18 MR, SHAB: If I can proceed, I would 18 a great use of hroviding housing along the
19 just like to make a statement about anything 19 park in a muc more appropriate manner. So I
20 filed under the development agreement, The 20 would urge the Board, as they did with the
21 develo?ement agreement is today at fault. I 21 Helmut Jahn project, and for a variety of much
22 don't eel that anyone could argue, and the 22 the same reasons that we are looking at
23 Commission has accepted, that it's at fault. 23 excessively large massing, We're looking at
24 So unless there is a lawsuit filed by the 24 an inapwopriate massing, and we're looking at
25 developer which is successful, it would 25 a mono ithlC project that is certainly not in
Page 1 04 Page 107
1 certainly seem to me that any filin~ that was 1 any way, no matter what colors you put on it,
2 under the development agreement IS no longer 2 no matter what materials you put on it, is in
3 valid, I don't feel that a filing before the 3 any way contextual with the rest of the beach,
4 ORB, while it may stay the zoni~ in progress, 4 Thank you very much,
5 it certainly can't kf?a alive the evelopment 5 MR, GROSS: Thank you,
6 ~ent that is at ault, because you can 6 MR, SffiJBIN: Mr, Chairman, Members of
7 1 e an application for a yrotect and then not 7 the Board, John Shubin, Shubin & Bass, 46
8 proceed with it in a time y asmon, So to 8 Southwest 1st Street, join with my partner,
9 the extent that any of these are in under the 9 Jeffrey Bass, We're here today representing
10 development agreement, I would argue that the 10 the interests of --
11 Board should not consider it. II MR. GROSS: You always say that. Is
12 I also must say, and I would like to 12 Jeff here?
13 echo Bea, because I think her ~int is very 13 MR. SffiJBIN: I think he's outside, I
14 well taken, we've seen the He ut Jahn version 14 always have to check where he is,
15 of the two or three towers, which are simple 15 MR, GROSS: He's everywhere,
16 and clean and massive, and now we've seen a 16 MR. SffiJBIN: I'm here today representi1
17 much more articulated one, In both instances, 17 the interests of J~ Blair individually an
18 they are huge and they are massive and they 18 as President of the ortofino Towers
19 are inappropriate, We have a large site here, 19 Condominium Association,
20 I do not understand why it is that every 20 MR, GROSS: John, just try and speak
21 architect and every developer who looks at 21 into the microphone,
22 this site insists on massing all of this 22 MR. SffiJBIN: I'm here today r~resenti1
23 square footage into two towers, I mean one 23 the interests of Je~ Blair indivi ually an
24 can look at how successful the low rise is 24 as President of the ortofino Towers
25 here, how much more successful the low rise is 25 Condominium Association, We're also here
Page 105 Page 108
1 here, The amount of square footage that can 1 today, representing the interests of the
2 be put along the park in housing, as opposed 2 aSSOCIatIOn,
3 to retail I might toint out, I think that's a 3 I am not going to engage you in any type
4 most unacceptab e use for the park site, But 4 of length~ analYSIS as to the fcropriety of the
5 there are many ways to get much of the massing 5 design, n that r~ard I wou d srmply
6 of these projects, and this building, into a 6 incorporate by re erence all of the comments
7 much more contextual fonnat, which would be 7 made by your professional staff, which do
8 much more interesting, These are monolithic, 8 serve as competent substantial evidence and
9 I mean, they may be siblings, but, boy, they 9 would allow you, as a matter of law, to reject
10 are as close to twins as any two siblings 10 this project. As a matter of law, however,
11 could be and not be twins, So they are boring II there are two comments that we have
12 and they are overwhelming and they are 12 continually made that we have feel necessary
13 inap~ropriate, I mean, one of the beauties of 13 to renew as part of this application, First
14 all 0 our beach, I think, is, not 14 of all, as Chairman Gross pointed out earlier,
15 withstanding the fact that it was built :1uite IS to the extent that this applIcation or any of
16 contemporaneously and that's part of e 16 one of these applications attemlts to borrow
17 reason why it's historic, is that we have a 17 from the master site, we shoul make it very
18 great deal of variety here, And there is no 18 clear there is absolutely no joinder of the
19 varie~here, 19 Portofino Towers Condominium Association, and
20 I 'nk it is also inappro~riate to 20 we believe that that joinder is a necessary
21 ~est to ;>eople that two 4 story towers are 21 precondition to this application J;oing forward
22 ~om~ to di~pear behind two one story 22 and bei~ considered oy you to ay,
23 uil 'ngs. ou would have to be practically 23 As . Gross also pomted out, to the
24 underneath the building and looking up, These 24 extent that the applicatIOn does not seek to
25 buildings, living south of 5th Street, I can 25 use FAR from the master site, we do not
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Page 109 There is nothing better than a good model and Page 112
I believe that it has properly gone through the 1
2 lot split requirements as required by the 2 drawin!h' and, you know, when you look at that
3 zoning ordmance, and under the lot split 3 model t e first thin~ that hits you is how
4 requirements, in our professional opinion, the 4 small South Point ondominium is, It's really
5 wplication could not go forward as designed, 5 small and it's real~ out of scale, So the
6 e believe that this application should be 6 twin towers remin me veg clearly of Minolo
7 denied for all of these reasons, both as a 7 Yamasaki's World Trade enter in New York, In
8 matter of law and for the reasons set forth in 8 other words, to me this is like a Chicago and
9 your Throfessional staff report, 9 New York scale invasion, invasion of South
10 ank you, 10 Beach, which would mean that the soul of Miami
11 MR. GROSS: Thank you, 11 Beach would be lost if these meteorites from
12 MR, ROBINSON: Randall Robinson speaking 12 outer space start bombarding us, And it's
13 for the Miami Design Preservation League, 13 very dangerous, Extremely dangerous,
14 To be fair, I have to say that the 14 Are we ready to accept the total change
15 current proposal is more interesting than the 15 of South Beach, the total change of its scale
16 previous towers or more interesting to look 16 and its present quality of life? If we are
17 at. I think that the way that the frontage on 17 ready to do that, then let's ~prove the
18 Ocean Drive is handled and the way that the 18 project. I mean, that's it. at would be
19 frontage on South Point Park -- I'm sorry -- 19 the demise of the whole area and the demise of
20 South Point Drive and South Point Park are 20 the economy of the whole area, I consider
21 much better than we've seen previouslb" This 21 this project beautiful and articulate by some
22 is the first time that we've seen habita Ie 22 very good architects, but it is totally out of
23 space fronting South Point Park. 23 context, totally out of scale, and I would
24 Also, the way that those frontages are 24 vote against it.
25 articulated seem to show a much greater 25 Thank you,
understandin& of traditional Miami Beach Page I I 0 Pagell3
I 1 MR, GROSS: Okay,
2 architecture an we've seen up to now, 2 Douglas, do you have an opinion, or Don?
3 However, there is no getting around the fact 3 MR, WOR1li: Just one ~uestion to William
4 that the towers are too massive and are 4 and Thomas, \ AI su~este that with this new
5 comRetely inappropriate for this site, 5 design the proposal as taken in about 80
6 ank you, 6 percent of rour concerns and criticisms, How
7 MR. GROSS: Thank you, Randall. 7 do you fee about that?
8 Other comments from the public? 8 MR, MOONEY: well, not really, I think
9 MS, BENSON: For the record, my name is 9 that what Mr, Cardenas was sU'ffiesting was that
10 L1tlnette Benson, and I wish to compliment all 10 they were beginnin~ to address e 80 percent
II o those presenters, It's gorgeous, but it 11 of the concerns of e staff report, We
12 sure doesn't belong here, Number one, you 12 couldn't confInn whether they have done that
13 have to consider the public welfare here in 13 unless we took a good look at the revised
14 matters of cumulative effect and matters of 14 plans, but based upon the model that they have
15 traffIc flow, congestion, hurricane evacuation 15 submitted and based upon the revised drawings
16 and density, and I don't approve of the 16 that we have seen over the precedin~ few
17 construction of this project on this site 17 months, no, our general fundamenta concerns
18 because of those reasons, 18 with regard to the overall site tanning of
19 Thank you, 19 the site haven't been addresse , But with all
20 MR. GROSS: Thank you, 20 due respect, of course, to the architect, it
21 Did all the members of the gublic go to 21 is a fine building, It's just that we felt
22 school while I was away to be rief and to the 22 that the contextual issues that we have been
23 point. I have to commend everybody on their 23 real?, harping on still haven't been addressed
24 remarks. 24 as 0 yet.
25 Any other members of the public who wish 25 MR. GROSS: well. Tom, maybe you could
Page 11 I Page 114
1 to speak? If not, we'll open it up to Board 1 address specifically the issue of them making
2 comments, 2 this proposal as f.art of the overall 18 acre
3 Let's let the Board respond, I'll fve 3 site and the staf 's feeling with respect to
4 you a chance to swnmarize at the en , 4 the distribution of the massing on the
5 Nick, you're oUftJuick take man on this, 5 easterly portion of the overall site rather
6 What's your quick e? 6 than spread throughout.
7 MR, QUINTANA: while the presentation 7 MR, MOONEY: when we talked about making
8 was being made -- and, by the way, it's a very 8 it part of a more cohesive overall site, I
9 beautiful presentation, S,Q,M, is very 9 thmk what we were talking about was the scale
10 thorough In everything ther do -- I was 10 of the ~ject along Biscabe Street, South
II thinking about something learned, more or 11 Point 've, We were tal 'ng about the
12 less, in 1947 when I was studying 12 in~ation of the entrance ramps, and, as
13 architecture, and an Italian architect named 13 Adrian pointed out, that was a big point of
14 Alberti said that every time ilioU go with urban 14 contentlOn with us, We can understand their
15 design, you like to go from e general to the 15 contention that by creating one major entrance
16 particular, In other words, I don't care much 16 thorou~are you're goinrt to have an impact on
17 about how these buildings are being finished, 17 the pe estrian walkway at is ihing to
18 what the materials are they are using, I 18 connect Biscayne Street to Sou Point Park,
19 first would like to see it in the context of 19 On the other hand, if you maintain the
20 the city where it's bein~placed; in other 20 existing entrance ramp to South Point and
21 words, in the context w ere they are going to 21 PortofIno Towers, what you have is this long
22 be placed. 22 kind of haphazard horizontal ramp that is
23 Ri~t now I'm teachin~ a class at FlU 23 located parallel to the street and it doesn't
24 Schoo of Architecture. It s called the 24 allow for any type of thoughtful pedestrian
2S Social History of BuildingslReal Urbanism, 25 activity or pedestrian linkage along that
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1 section, 1 Pomt Tower, you would have a similar type of
2 MR, GROSS: They've wrapped a retail 2 effect between the two new towers and whatever
3 component. 3 structures would occur at lower level and the
4 MR. MOONEY: well, they've but a little 4 west side of the site,
5 retail component on the corner, ut still when 5 MR, GROSS: I certainly concur on
6 you go across it, essentially as you're 6 possibly reducing one of the towers, I would
7 walkinp along Biscayne Street on the south 7 think you would need to reduce them both,
8 side, it s a ramp is what it is, We felt very 8 MR, CARY: You would absolutely, and
9 strongly that that was a fair trade off for 9 redistribute at lower level, lower level
10 havin1 a little bit more vehicular traffic, 10 structures of ten to sixteen stories
11 or, at east, exploring it. It could be after 11 approximately,
12 exploring it that from a traffic standpoint it 12 MR, GROSS: Don?
13 may be possible, 13 MR. WORTIl: Just three other comments to
14 MR, GROSS: I wasn't so much focusing on 14 finish up my thought. One of the things that
15 the entrances, Tom, What is bothering me is 15 we're suppose to consider is a relationship to
16 the extreme massing of the two towers all the 16 the surrounding neighborhood and this is part
17 way on the east side of the site when, if it's 17 of South Point, and I am concerned that in
18 part of a master site, you would think that 18 none of the models or in anbeof the
19 the square foo~e would be more evenly 19 photographs there seems to no relationship,
20 districted over e site, 20 whether Its to Penrods or the buildings on
21 MR, MOONEY: well, in addition to that, 21 Ocean Drive or to the rest of the community,
22 another concern of ours was the view corridor 22 Now, I respect the fact that maybe you
23 down Ocean Drive, and, more importantly, the 23 didn't want to show them because maybe it
24 connection on Biscayne Street to South Point 24 would show that this project really dwarfs
25 Park. Right now, you're right, they have 25 that neighborhood so you decided not to make
Page 116 Page 11 9
I provided one, The only problem is you go up I that effort, That's my thought as to why you
2 almost three levels, Th:afiou have to come 2 didn't. That is a real concern to me the
3 back down, It doesn't ly come back down 3 relationship of this project to that
4 gracefUll~ the park. You have to either go 4 nei~borhOOd, because it's a criteria that
5 to a cwn orne set of stairs or a large ramp 5 we re to consider.
6 coming down, and that was the second, a major 6 Another concern that I have, and it's
7 concern of ours with regard to the overall 7 sorts of a general one, when I got the Flans
8 site design, 8 and I trapsed around the Ocean parce -- and,
9 MR. GROSS: william, did you want to 9 by the way, 1,'ou need to wear pants if you do,
10 comment? 10 because you II get bitten -- but the
11 MR. CARY: Yes, Relative to the 11 difference between the plans that we received
12 inteifeation of these towers as a part of the 12 and these models is so vast, and I'm not an
13 who e 18 acre site, I know that the Desi~ 13 architect, that, quite frankly, I had a lot of
14 Review Board in reviewin~ the design 0 the 14 difficulty sort of understanding what's going
15 Porto fino Tower took care ul~ the 15 on,
16 consideration of the impact 0 that tower on 16 Now I respect the fact that, to some
17 the view corridors from the South Point Tower, 17 extent, this is a sales thing, and that's
18 and with its tripartite plan, of course, it 18 fine, but I really hope that in the future
19 minimized any negative impact on the view 19 when we get packages before the meeting that
20 corridors from that, and the same thing 20 we get a httle better idea of what is conung,
21 occurred from the new Portofino Tower itself 21 because there is too much of an "Oh, we' Il
22 when looking back out toward the ocean, the 22 surprise you" and glitz here, If you have to,
23 impact on use is minimized due to the unique 23 give us photographs of the things thatlcou are
24 configuration and placement of the Portofino 24 going to show, because I can't reall!, 0 a job
25 Tower, That is something that we had serious 25 with very, very sketchy materials, have to
Page I 1 7 Page 120
1 concern with on this project, because these 1 agree with some of the other ~ers, We're
2 towers, the proposed towers, the new towers, 2 going to have something on this (iarcel and
3 are massive and they are square and they are 3 that's fine and they'll be a lot 0 it, but
4 located in a situation where it really, rather 4 there has got to be a better way to mass this,
5 than working together in a cohesive whole, 5 I know there is,
6 where e~one IS afforded better views, they 6 MR. GROSS: okay, Other Board comments?
7 tend to ~ take advantage and kind of 7 Douglas, I know you wanted to resaond to
8 almost hog e view of the ocean and really 8 Nicholas before, You're never one to odge a
9 negate the available views remaining from the 9 philosophical comment.
10 other two towers on the site, 10 MR. DUANY: No, I was just commenting
II MR. GROSS: I think that's true of the 11 that Nicolas has done a lot of highrises, He
12 views, I'm still getting at the point that 12 knows very much what these ilcrojects are about.
13 there is so much mass on the eastern piece 13 MR, BLITSTEIN: I would r e to make a
14 that if it were further distributed, they 14 comment. It's interesting, I think, what's
15 would be able to bring down the massing of 15 all been said about the buildings, and I think
16 those two towers, 16 that the buildings are very strong and I don't
17 MR. CARY: what we've been recommending 17 think that they are well received in terms of
18 all the way along in speaking with the 18 the vernacular of South Florida, but what's
19 applicants, Tom and myself, is that the 19 very interesting is that the lower structures
20 massing be decreased on the northern side of 20 have a kind of 1950's Fontainebleau feel to
21 the site and then it could be increased on the 21 them, and, in a way, they are much more in
22 southern side of the site, but there needs to 22 harmony with the district right around IOU,
23 be a greater redistribution of mass at lower 23 It's like the solution is right in front 0
24 levels so that as you have a stepped effect 24 lOU and yet everybody is obsessed with those
25 between the Portofino Tower and the South 25 arge towers. Actually, if you had, in mv
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WORLDWIDE REPORTING
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Page 121 Page 124
I opinion, proceeded wi,th more of the design of I hOu get closer, I believe they are just too
2 the lower structure, With the softness and the 2 ragmented, There are too many different
3 simplicity and there is just a kind of simple 3 moves, and I don't think a true reading of the
4 stucco detailing to it, I think that there is 4 tower. They don't read clear~,
5 more of a solutlOn in those lower structures, 5 I do want to add in their efense--
6 The big structures, there is too much going 6 maybe not in defense of the project -- but
7 on, too much dissimilar color, and it IS not 7 that I'm always shocked when tteople who live
8 at all reminiscent of anything, not only in 8 in South Point Tower or Porto 100 Tower talk
9 South Beach or in Miami Beach or even in South 9 about the destruction of this part of the city
10 Florida, It's more like a building that you 10 when, in fact, it's like having two huge
II would see in Los Angeles, or, maybe, back in II polluting industries on a river and then being
12 Chicago, 12 very upset that somebody is cominfJ in and
13 But I think that's part of the problem 13 dumping dead fish. The fact is rea ly those
14 that the architects keep coming to us and are 14 two towers have destroyed that part of the
15 not able to inteff:ret on a site so imJiortant 15 beach, and I can understand you being upset
16 as this the real avor of what is in igenous 16 that somebody else is coming in to get into
17 to South Florida, and I don't know how we get 17 the party, but, you know, if It'S an orgy of
18 that through to the architects on the other 18 destruction, these two guys showed up with all
19 side, The same thing with Helmet Jahn, A lot 19 the drugs and the beer. Mtfi. God, If (,ou live
20 of the problems were not that the buildings 20 there, you're subsidizing at kind 0 work.
21 weren't elegant or beautifully designed, but 21 So, anyway, don't throw rocks when you live in
22 the(i were not compatible with the sort of 22 glass houses,
23 fee i~ that we have about buildin1s in South 23 MR, GROSS: okay,
24 Flori a, Sometimes less is more, don I t 24 So, Douglas, do you want to make a
25 know how else to say it. But for me if you 25 motion or do you have another comment?
Page 122 Page 125
1 areJ:oin~ to come back and redesign it, I 1 MR, DUANY: could I respond? We have a
2 thi it as to have a softness of something 2 few more minutes,
3 like the lower buildin~s, There's less of an 3 MR. GROSS: Yes, Go ahead,
4 edge. It's less of an a front to people in 4 MR. DUANY: You know, there is precedent
5 the surrounding area. 5 for this sort of highrise that is s~bolic,
6 MR. GROSS: Okay, 6 The crucial one is the Freedom ower, which
7 Nick, I'm just curious, Do you concur 7 was built on access with the ChanneL You
8 in that comment that Peter just made in terms 8 really should specify in Miami, Clearly later
9 of giving them some directlOn that we have to 9 highrises came in and messed uE the clarity of
10 deCide based on the Board's sentiment whether 10 that initial highrise in Miami, ut that is
11 we want to continue this or deny it or what we 11 sort of a &recedent. I would follow, not
12 want to do. 12 literally at, but just topol(icallY that
13 MR. QUINTANA: I concur absolutely with 13 sort of thing, That is sort 0 the position
14 him, I think he's right. I think this 14 that you are in,
15 project is a misreadmg of what was called the 15 Another one is the Justice Building
16 soul of Miami Beach, and I think it could be 16 downtown, which is an extraordinary sort of
17 read starting from that ~e of scale and that 17 pyramid, and one that still stands alone is
18 type of density. I think e two towers are 18 the Biltmore, which you can see taking off
19 against the best that we have, 19 from the airport,
20 MR. GROSS: carlos? 20 I would follow more in the pursuit of
21 MR. TOUZET: You have to admit that 21 high quality architecture than the integration
22 whatever schemes have come in front of us are 22 into context, because it's a bit of a losing
23 driven totally by market. It's a reality, 23 game beside these other highrises,
24 But I do beheve that there must be a way of 24 A double tower, if you pursue that, and
25 limiting the amount of a highrise, maybe 25 I'm of the opinion that it should be developed
Page 123 Page 126
1 khhing it to one story and filling the rest 1 much more in the lower part, is, however,
2 of e site n 2 strong, So thou can be lower and still create
3 MR. GROSS: with one tower you mean. 3 something at would elevate the general
4 MR. TOUZET: with one tower. And then 4 neighborhood, if you want to put It that way,
5 filling the rest of the site with a much 5 because hOu were talking about the
6 more -- I don't want to use the term 6 neighbor ood,
7 ~propriate -- but a lower scale, md;'be a 7 MR, TOUZET: I think we owe some
8 enser scale, that works towards a ifferent 8 direction, and I don't know if we're offering
9 topology, I would say that the perimeter of 9 any direction,
10 the site does need a little bit of work in the 10 MR, DUANY: I'm about to get to that.
11 way that it addresses the beach, It still 11 But the main thin~ that concerns me is
12 seems weak to me, It seems that there really 12 urban, I'm not exact y sure when Battery Park
13 isn't a transition from the hotel e~ to the 13 City was planned, It was 1976, '82 it
14 pool deck, and then to the sea and yond. 14 started and it has been pretty much up fifteen
15 I would also say that the buildings have 15 knears, Battery Park City, I think most ofloU
16 a lot of very interesting manipulations and 16 ow, has a grid goiny down to the East 'ver,
17 you can see how the geometnes were worked 17 I find this roject real y sort of a
18 out, but they appear very, very busy, I don't 18 regression rom the standards that were
19 think they contnbute to creating a readable 19 established, the urban standards, You happen
20 image of the towers, because insofar as they 20 to be in the on7u' at least in my
21 do not work at ground level because the 21 interpretation, unctioning city in Florida.
22 perimeter, I don't think, works with the rest 22 You are not out of scale If you can see this
23 of the towers, In terms of skyline, they are 23 Kiace as Battery Park within the lower
24 very broken up, Ma~ as a silhouette from a 24 anhattan context, and if you walk South Point
25 distance they would very dramatic, but as 25 and South Beach, you would realize that Ocean
HEARIiNG:OCEANPARCELS
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I Drive culminates naturally in a less modest 1 just functional thinking, It's a bit about
2 than Battery Park in the City, 2 city making, You know, if you actually start
3 Behind the~rivatization is the fact 3 thinking about trucks, you will actually end
4 that you have e whole Miami Beach urban 4 up with all the goods at truck entrances,
5 fabnc sto~hi~ and privatizing, and I think 5 It's really more about how to create a very
6 that is rea y e crucial directIOn, I think 6 graceful connection to Ocean Drive to the
7 the question of the ramps, this rather winding 7 park, and then, hierarchically, further down
8 road, well, I know that you can 't~ust throw 8 In the design process tackling issues such as
9 Ocean Drive straight because of ortofino, but 9 truck.
10 Broadway bends, I think this is a r~ession 10 If you take a lot of the program, which
11 to a more primitive understanding 0 the city II is a concern of at least three or four Board
12 and that the on~ way to make the park and the 12 members and bring it down to the creation of
13 southern bart 0 Miami Beach alive is by 13 streets -- and they can be twelve story
14 carryin~ cean Drive throu~, I would very 14 streets, It can certainly mass up -- you will
15 much 0 ~ect to any pro~ect t at doesn't do 15 be dealing with the integration of urban
16 that. 16 space, instead of really unporting a little
17 MR, GROSS: I think one of the things 17 bit of Fort Lauderdale into the only bit of
18 that the Helmut Jahn pro~ect did do towards 18 urban fabric we have, It's pathetic, but
19 the end was to establish that connection 19 Florida is like that you know, We don't have
20 extending Ocean Drive from South Point Drive 20 much of city here,
21 to the park. They worked at that a good bit. 21 MR, GROSS: I'd like to give AI a chance
22 They may want to take a look at that, because 22 to respond and then I'll entertain a motion
23 they revised that three or four times and they 23 from one of the Board members,
24 more or less accomplished that, not completely 24 MR. CARDENAS: Thank you, Mr. Chairman
25 successfully, 25 and Members of the Board, You know, I want to
Page 128 Page 13 I
I MR. MOONEY: We did discuss that, I be very careful in the very short period of
2 because that was one thing that William and I 2 time that I have to conclude my remarks and
3 felt was very, very effective, Th% were able 3 what I say, because, number one, there's no
4 to effective~ take their entrance 'veway 4 doubt in my mind that everyone of you is
5 and essenti ~extend la~r pedestrian path 5 particularly talented, The City is blessed
6 down there. e offset 0 that was they had 6 with havin~ you there, And there's no doubt
7 to raise their parking kridestal in order to 7 in my min that your ~inions are based on
& accommodate the ~ar 'ng, We discussed that & preCisely what you thi is in the best
9 with the architect ere, and they were a 9 Interests of the city you love and care for
10 little nervous about having to raise their 10 very much. So I understand all of that from a
II g:estal in order to accommodate the parking, II very basic premise, What I'm about to say I
12 ause right now the reason it slopes up is 12 want you to understand where I'm coming from
13 that you got two or three levels of parking, 13 based on that understanding I have about you,
14 MR. SMITII: Well, actually, the model 14 It's very difficult, I think, for you on
15 shows two levels of elevation, but the last 15 the Board to be able to live up to the
16 series of drawings that we submitted to thou 16 limitations of your duties as a Board member
17 have only one level of elevation above e 17 based on the jurisdiction of the Design Review
1& seven foot data line, It's seven feet up to 18 Board and at the same time tend to your very
19 twenty-one feet, which is just enough room to 19 personal feelings about what you think is in
20 get a truck in and under and then have the 20 the best interests of the city, My job as an
21 ramp droppin~ back down, We have done as much 21 attorney is to hopefully be diligent so that
22 as we can wi out actually slicing everything 22 your best intentions for the city do not
23 through, and when you shce everything through 23 exceed the line drawn in the sand as to what
24 of course t&ou have the truck access that has 24 your responsibilities are within the DRB.
25 to get to e buildings on the east side of 25 Some of the remarks I have heard here
Page 129 Page 132
1 the extension of Ocean Drive, So you either I are all well intended, but I think I have an
2 deal with truck interfaces with the public -- 2 obligation as an attorney for the applicant to
3 MR. DUANY: But New York City and 3 renund GOu that we bought a piece of property,
4 Chicago are full of truck interfaces, 4 or my c ient did, based on what the city, not
5 MR. SMITH: I know they are, 5 us, and not you, decided was the appropriate
6 MR. DUANY: You real7a are splittiny the 6 height allocations, the appropriate FAR, the
7 pedestrian and the vehicu ar, You real y are 7 ~propriate setback requIrements, Based on
& to a very large extent privatizing, 8 at is how a property IS valued. Based on
9 MR. SMITII: But this is a situation here 9 that our client acquired the site and has
10 where we have over 700 feet of length and 10 hired the two most prominent architectural
11 we're only going up 14 feet and back down, So 11 firms in this country, perhabs the world, to
12 it's a very gradual slope, 12 come up with a solution to e able to
13 MR. MOONEY: comin~ back down is not 13 responSibly meet its expectations based on
14 nearly as gracefuL You on't come back down 14 what the City lawful}?; allows it to do and the
15 the same way that you come back up, I can 15 treatment that these mest architectural
16 understand your argument. We discussed this, 16 firms in the world believes is in keeping with
17 When you come down you're like, you know, a 20 17 the interest of the ci~ based on their
18 foot clIff and you've got to take a lo~ 18 remarks with staff, t eir experience with you
19 narrow set of stairways down to Sou Point 19 and other folks, and, frankly, what you have
20 Park. 20 fciven them is an impossible assignment
21 MR. SMITII: We could easily do that if 21 egally, because you have asked our architects
22 we take the truck dock further east. Then 22 to provide an adequate buffer with the beach,
23 we're not having to get over the truck. If we 23 to expand the beach, to create natural sand
24 did that, we can take it down very easily, 24 dunes, to maintain a wonderful pedestrian
25 MR. DUANY: It's a little bit more than 25 accessway throughout the process, without
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I stackin~ up the platform, 1 sc<.:nario that looms ahead in the event that
2 At t e same token that you're asking 2 we're not 1ivcn the opportunity to work with
3 them for an incredible setback from the ocean, 3 you with t c architects to come up with a
4 you're asking them to provide view corridors, 4 solution that is acce1table to you, In the
5 and with an understanding that your 5 event as you did ear ier on the Helmut Jahn
6 perspective at ORB is not to mandate a 6 rehearint denial, in the event that you vote
7 downscaling of the FAR to which they are 7 to deny oth of these applications in essence
8 entitled to or a downscaling of the hei~t to 8 the client will be faced without an
9 which they are entitled to, ut, primanly, 9 aIfcplication before you, We also wouldn't have
10 you need to balance that which you are asking 10 t e opportunity of filin~ a new '?cplication or
II them to do, Let me respectfully suggest that II new treatment that wou d get be ore you prior
12 I'm at a loss as to what it is that you want 12 to July, by which time it is foreseen that the
13 them to do, because we've been at this for 13 city would further down zone this parcel, and,
14 three or four hears, but from my reading of 14 therefore, affect our client's right to
15 the five foot i~ documents that date back to 15 develop the property to what is estimated,
16 the origins of t is thing, we've been at this 16 based on prof-osed ordinances, to be
17 for four bears, and, I guess, the fairest way 17 approximate y 630,000 s3uare feet.
18 to descri e the treatment you've given to the 18 Obviously, that woul leave us with a
19 architects is mixed feelings, because it's 19 situation where, I guess, the courts would
20 impossible legally for my client to develop a 20 decide rather than the process, I guess my
21 project to which tt feels, and it is lawfu~ 21 plea to you is to allow us to contmue to work
22 entltled to develop in terms of height an 22 with you and taking into account the
23 FAR, and, at the same time, meet your needs as 23 suggestions that you make, but keep in mind
24 to beach setbacks, pedestrian accessways, 24 that these towers are not here before you for
25 extension of the streets, retail conidors, 25 the first time, and we had heard your comments
Page 134 Page 137
I and view conidors, I think you have to 1 regarding the Jahn treatment and thought that
2 develop what it is that you prefer. If height 2 rather than provide you with glass towers, and
3 is your greatest concern, then, obviously, the 3 we also heard the comments about Portofino and.
4 massing has to be different, but then view 4 the stucco treatment, and, perhaps, the fact
5 conidors have to give in, and, perhaps, some 5 that there is a sense that there is too much
6 of the pedestrian access that you've asked 6 of that. So we tried to come up with a
7 for. 7 combination of infJedients that would be
8 MR, GROSS: Al, let me res~ond to that. 8 soothing and suita Ie to a transition,
9 I didn't hear anybody on the oard say 9 MR. GROSS: who said that there was too
10 anything in particular about height, which 10 much stucco on the Porto fino?
II members of the Board are well aware of is not II MR. CARDENAS: Previous hearings, Not
12 really within our lhurview, nor did I hear 12 here, and my review of trdnscripts of previous
13 anybody suggest at the FAR that you're 13 hearings,
14 entitled to on the zoning ordinance, whatever 14 So my goal is to have one of the finest
15 it is, needs to be reduced, I didn't hear 15 architects in the world, Adrian Smith,
16 anybody sa}; that. What I heard them talking 16 continue to work with staff based on your
17 about was t etRarticular massing that you've 17 comments, and perhaps give us the opportunity
18 chosen given at you have an 18 acre site and 18 to come back With you after we deal with these
19 the way in which JOu 've chosen to mass these 19 massing issues, horefully giving us the
20 two buildings, an it was ~ested that 20 opportunity to dea a bit better with the
21 that's not the best massin~ so ution to be in 21 pro~rty,
22 context with the neighbor ood, 22 t me conclude by sayiny that with
23 Nobody is saying you can't build a 23 respect to massing, this is an 8 acre site,
24 highrise there, EverybodJ knows that you have 24 but the massing is fairly well distributed, I
25 a site that there is going 0 be a highrise 25 want you to know that based on the overall
Page 135 Page 13 8
I on, The question is how you choose to mass 1 square footde on the acre 18 acres, which is
2 the FAR. That are a lot of different 2 approximate y 2,700,000 sxare feet if
3 alternatives to that, and this particular one 3 everythinr is allowed to be uilt out, 30 some
4 that has been chosen I think the Board is in 4 percent 0 the square foo~e will be built
5 general agreement is not best. I think that 5 within the six acres where ortofino and South
6 you have very talented architects, There's no 6 Point are located and 60 some percent of the
7 question about it. 7 square footage will be built on the twelve
8 In addition to the massiny' I also hear 8 acre parcel, which incidentally coincides with
9 the Board reacting to the sou of the project 9 the relationship of the twelve acre and six
10 as to whether that particular style or 10 acre parcel to the overall 18 acre site, SO
II vocabulary is proper for that location at the 11 it's not like the property is being massed
12 tip of South Point. So 6,ou have those two 12 overwhelmingly in the Ocean parcel. It's
13 issues, We have the ur an issue of connecting 13 fairly evenly distributed throughout the 18
14 Ocean Drive, I think the Board comments are 14 acres,
15 all well within their jurisdiction, I think 15 I thank you for havin~eard me,
16 they are all well intentioned, and I think 16 MR. GROSS: So that's , Cardenas'
17 they can all be accomplished within a program 17 pitch for a continuance, The Board has the
18 that a talented architect develops, I think 18 options at this point of doing that or
19 that there has to be some balance between an 19 den~ng, I'll entertain a motion by one of
20 absolute desire to maximize the view and sell 20 the oard members for either one of those,
21 every apartment to the absolute tOb dollar 21 MR. BLlTSTEIN: well, I have a question,
22 with the way in which it needs to e massed on 22 I would like to have them try again, but my
23 the site, 23 concern is that if it becomes a substantial
24 MR. CARDENAS: In conclusion with my 24 change then don't they have to renotice it?
25 remarks, I want to remind you as a legal 25 MR. GROSS: But that is up to Dean to
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decide based on the response, I think we Page 13 9 regarding the setback lines that established Page 142
1 1
2 would have to cross that bridge when we come 2 the height &ret~ much dictates that we have
3 to it if we want to give them a continuance 3 to stay wi 'n 49 feet or so, which is what
4 and a chance to work with it. 4 these do, But from a lot of contextual
5 MR. BLITSTEIN: well, I would like to 5 perspectives, it makes a lot of sense to make
6 ask the architect a question it I might. 6 the south tower higher and to make the north
7 Do you think that we are giving you a 7 tower shorter, and we're willinr, to do that in
8 ve~ clear indication of where you need to go 8 whatever proportion that it cou d be done,
9 wit this or are you riktting mixed signals? 9 But other than that, there isn't a lot of site
10 MR, SMITII: I thi the number one 10 area that you can begin to peel components off
11 question is the question of area and I've 11 and put back down onto the site,
12 heard Mr, Gross say that it is not an issue of 12 MR. GROSS: why can't the south tower be
13 area or FAR on the site, So that means that 13 elongated some?
14 it has to be an issue of the distribution of 14 MR, SMITII: Taller you mean?
15 that area or as it's translated into volume on 15 MR, GROSS: I don't mean taller. I mean
16 that site, 16 a little bit --
17 MR. BLITSTEIN: Correct. 17 MR. SMITII: Elongated this direction?
18 MR. SMITII: To the issue of volume on 18 MR, GROSS: Yes,
19 the site, I've heard that you would like to 19 MR, SMITII: well, it's already at the
20 see this volume distributed perh~s lower down 20 edge,
21 on the site, Maybe bringing up e perimeter 21 MR. GROSS: That's the north tower.
22 areas, There isn't a lot we can do beyond 22 MR, SMITH: I'm sorry, The south tower,
23 this point. This actual~ is the line at 23 Both of these lines are really at the edge of
24 which you cannot buH more than two or three 24 the east property line to Ocean Drive, and as
25 levels, So we're fairly wedged in here, 25 that extends out this way it would block it.
Page 140 Page 143
1 MR GROSS: Can you explain that a 1 Now, could it go this way?
2 little bit more? 2 MR. GROSS: Right.
3 MR SMITII: Yes, 3 MR, SMITII: It might be able to go this
4 MR. GROSS: IS that the coastal 4 way to some degree,
5 construction line there? 5 MR. TOUZET: saul, I don't think you
6 MR. SMITII: The coastal setback issue, 6 would want the footprint to be bi~er, because
7 MR GROSS: Then why don't you explain 7 then it becomes more and more 0 an
8 it just so the Board knows it. - 8 obstruction, and I wonder if one way of going
9 MR, SMITII: There is a line about here 9 about changing the site doesn't it also have
10 that you cannot build beyond that line towards 10 to do with the pro~ that 10ur client is
11 the coast with anything higher than the 11 offering, which is If he is ab e to take a
12 structures you see here, or virtually, I mean 12 program which deals with, say, a slightly
13 that can go a story hi~er, 13 smaller number of units that are in a highrise
14 What is the exact eight? 14 and accept a larger number of units that occur
15 Fifty feet. So these are under 50 feet, 15 as kind of lower rise residential -- and by
16 but this is not under fif~ feet. That 16 that I mean mid-rise, not low rise -- then you
17 actually is to the west 0 the coastal 17 can maybe extend the texture, kind of the
18 construction line, So there isn't any more 18 fabric of South Beach into the groperty for
19 land out here that we can distribute the area 19 one or two kind of conceptual locks,
20 to, 20 MR. SMITII: To the degree to fill in
21 Then the other, I think, important 21 this, for example, and take it off of one or
22 ingredient that I agree with staff is that, 22 both of these towers,
23 and several of you have mentioned, that Ocean 23 MR. TOUZET: Ri~t,
24 Drive should have a clarity about it and a 24 MR. SMITIf: To t e degree that it's
25 clear view to it and perhaps no structures in 25 beyond the setback line, we could try that.
the Ocean Drive alignment, which is what we Page 141 It was just that we made a value judgment at Page 144
I I
2 have done also, Now beyond that, that's 2 one pomt in time and it wasn't really
3 Portofino Tower and then South Point Drive so 3 addressed by staff.
4 we can't really build on that. So we're 4 MR, DUANY: I would be very supportive
5 really relegated to this particular piece of 5 of that, because there's one Eosltion that has
6 site m which to manipulate that volume, So 6 been lowering and massing ower and another
7 it sort of means that whatever the 7 which is what is happening on the city urban
8 architectural character of it is, it's takin& 8 plan, and ther are actually somewhat
9 some of this height or some of this wid and 9 compatible, have questIons about the
10 putting it in here basically is what it's 10 coastal structure though,
II doing, which we felt would be even more of a 11 MR, GROSS: Douglas, you said you are in
12 wall, esaecially the South Point Tower, You 12 favor of which, in terms of joining the two
13 start fil ing this up br:: taking this down and 13 buildings?
14 fou've completely b ocked off South Point 14 MR, DUANY: What I'm saying is that one
15 ower, 15 can mass a lot in horizontal structures, and
16 As it is now, y-ou have a fairly large 16 hOu can do it more on Biscayne, Then,
17 view corridor. It s 200 feet wide, That's 17 opefully, and this is my pomt, you can do it
18 much wider than any street right-of-wa&- So 18 on the extension of Ocean Drive itself and you
19 that is why we ended u~ with towers, ow, in 19 can do it facing the park, These are
20 talking with staff, we h ed the idea of a 20 comr.lete2: vahd edges, I mean very
21 higher and a lower tower, Formerly we liked 21 privilege edges,
22 it. We think that it would add more of a 22 MR, TOUZET: It begins to build up
23 varieZ and more of a city quality to the 23 something in the center here,
24 comp ex of buildings here, But we felt boxed 24 MR, DUANY: Right. Then the towers can .
25 in at the same point in time, because 25 thin out or lower as the case may be,
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Page 145 hrogram on this site, and then the question Page 148
1 MR. TOUZET: I wonder if everyone 1
2 wouldn't be more comfortable if there were 2 ow do you do it? And we're flexIble, But we
3 only one tower, and if that tower were taller 3 also have the situation that this is what is
4 it may not be as much of an impact on the 4 submitted, and if this gets denied, they don't
5 skyline, You would be looki1 at only one 5 have any other opportunity,
6 structure all the way at the en , 6 MR, GROSS: DOeS somebody have an idea
7 MR, GROSS: It wouldn't be taller than 7 for a motion?
8 South Point Tower, unless they go into the 8 MR. BLITSTEIN: I don't want to deny it.
9 variance, The Portofino Tower. 9 1 would like them to k~ on working on it.
10 MR. TOUZET: You see, years ago there 10 MR, GROSS: Then mea motion to
11 was the Usherette, which got this whole thing 11 continue it, and we'll see if it's for that
12 going and there were a bunch of architects 12 motion,
13 there, and a lot of the schemes, I think, took 13 MR. BUTSTE1N: I would like to make a
14 the direction of creating a denser field and 14 motion to continue,
15 then one point structure at the end, 15 MR, GROSS: until when?
16 MR, SMITII: I think that would be great. 16 MR, MOONEY: Are you going to be
17 I just at this moment with this particular 17 continuing both applications or just one?
18 zoning we weren't able to do that. 18 MR. DUANY: I have a question about a
19 MR, DUANY: I'm sorry, It's a technical 19 continuance,
20 thing, but close to construction you can do 20 MR, GROSS: Yes,
21 three stories in front of? 21 MR. DUANY: If we continue this, do we
22 MR. TOUZET: It's really the bulkhead 22 limit his capacity to substantially change the
23 line, I think, 23 project?
24 MR. DUANY: It's the bulkhead line, So 24 MR, GROSS: perhaBs,
25 you're at max there, Okay, Really I would 25 MR, MOONEY: We 1, yes, I mean, we
Page 146 Page 149
1 treat it as a city block, and I don't think 1 would have to see what they are proposing, but
2 you are, That is the way I would do it. I 2 one of the reasons, probably the chief reason
3 would treat that as a ci% block, 3 that we have recommended that the project be
4 MR, SMITII: One of e constraints to 4 denied was that staff felt that the chanfes
5 doing that is that this is, for example, this 5 that were necessary were so substantia that a
6 is our roperty line edge, That's not exactly 6 new application was going to be required, If
7 a city lock condition, That's what is 7 the Board thinks that they can do it within
8 existing now, That's the negative of what is 8 the auspices of that, we'll certainly sit down
9 existing, If we did the street, the street 9 with them, work with them, and see if we can
10 wall there, problem is this line is what's 10 go it.
11 jutting out In terms of form and buildin~, 11 MR. BUTSTEIN: If we deny it, then they
12 and it's all concrete block and stucco, ere 12 effectively lose their zoning on it as it's
13 are no windows, There is no urban character 13 presently structured?
14 to it. 14 MR, MOONEY: Yes,
15 MR. DUANY: I'm not saying it's easy, 15 MR, BUTSTEIN: But if we give them a
16 It really is very hard, 16 continuance or if the}; ask to come back and
17 MR. SMmI: I understand, I agree with 17 rework the site, whic they can do by what? I
18 you, 18 doubt if they can get in ~ the next one,
19 MR, DUANY: For one thing, Ocean Drive 19 MR, MOONEY: I woul say July or maybe
20 can't stay straight. 20 August.
21 MR, SMITII: That comer is right into 21 MR. BLITSTEIN: Let's say they get in
22 Ocean Drive, 22 for Julh, I don't know what the cut off date
23 MR, DUANY: It's a classical squeeze, 23 is for t at. I certainly think we ought to
24 That's all I'm saying, 24 let them do that rather than denyin,g it and
25 MR. SMITII: One of my projects is Rose 25 having them lose all their zoning nghts,
Off in Boston, Page 147 Page 150
1 You probably are aware of 1 MR, GROSS: well, the question is
2 that. 2 whether the changes that are necess~ to be
3 MR, DUANY: You did that? 3 made are of such magnitude that by efinition
4 MR, SMITII: Yes, 4 it's going to be a new application,
5 MR, DUANY: oh, Jesus, 5 MR, MOONEY: At some point, the Board
6 MR, SMITH: I pride myself as a 6 will have to make a decision, You know, we'll
7 contextual architect. I try to go into every 7 meet with them and we'll be able to guide them
8 city that I go into and locate an architecture 8 in terms of what changes will be so
9 that I feel IS am~robriate, and it doesn't 9 substantial that they couldn't go back before
10 alwa~s come i e t at. It takes time and 10 the Board with this application,
11 invo vement, not only my involvement, but the 11 MR, BLITSTEIN: But can we sit here now
12 involvement of the DRB and a lot of other 12 and do that to them?
13 peogle involved in a collaborative effort, and 13 MR, CARDENAS: we're willing to take our
14 we aven't been able to engage that kind of 14 chances to fail.
15 dialogue that I normally have done, With the 15 MR, MOONEY: You know, the worst case
16 Boston Redevelopment Authorit).', I worked three 16 scenario is that they will brin~ back an
17 years with them to mold that bUilding, 17 application that we don't thin addresses the
18 MR, GROSS: well, I imagine that you've 18 concerns well enough, but is still under the
19 been dialoguing with the staff. 19 aus~ices of the same application, Then you
20 MR, SMITII: We have, and, frankly, they 20 cou d make the decision,
21 have seen all these materials before and the 21 MR. GROSS: You know what the ~oblem
22 brunt of the conunent has been mostly volume 22 with that is is that the gublic loses, cause
23 and massing -- I mean mass of building, 23 they don't fh back to esign the best possible
24 There's a lot of program to put on this site, 24 building, ey go back to design a building -
25 but the owner has hIS right to out that 25 that's not a material change,
I
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MR, BLITSTEIN: That's not fair, Page 151 unit owner. What we're discussing here is Page 154
1 I
2 MR, MOONEY: But, Peter, that's the way 2 very simple, All these things that we're
3 it happens, 3 discussing, such as volwne or dens~, you
4 MR. BLITSTEIN: But that's not fair, 4 discuss the soul of Miami Beach, ese
5 MR. MOONEY: But that's the way it 5 changes being proposed are substantial
6 hapfaens, That's the way it's set up, It may 6 modIfications, There was a risk that was made
7 be air or it may not be, but that's what 7 and a determination made to present to the
8 happened on two other applications where they 8 Board this project. There is a risk, This
9 have come together with apglications with 9 isn't an ongoing thing for the next ten years,
10 redesigns that have been su stantially better. 10 From what I'm hearing. an ~lication should
II The only problem is theJ are completely 11 be made for a new proJect. ey took the
12 different d'plications, f you allow them to 12 risk, They presented it.
13 go forwar with something that is completely 13 MR, GROSS: There's always going to be
14 different, you're essentially saying "Make a 14 time for them to make a new arCclication, and
15 submission, but then a year later when .xou're 15 if it's the Board's desire to let em work to
16 ready redesign somethinlc completely different 16 try and solve this problem, the applicant
17 and then that can come orward as your real 17 knows that it's possible that the result is
18 application, " 18 going to be that it's a materially different
19 MR. CARY: That was the decision that 19 ahpltcation, in which case the~l have no
20 was made relative to the Helmut Jahn project, 20 c oice. It's a major project. e question
21 that the change would be so great that It 21 is do we want to give them the benefit of the
22 would be considered a different application 22 doubt and give them an opportunity,
23 for the project. 23 MR. DUANY: 1 actualr, think it would be
24 MR. CARDENAS: You have to take these 24 kinder to start it anew, don't know the
25 items one at a time, Our goal is to be able 25 previous history of this oroject, but there is
Page 152 sort of tacking on a different animal. I just Page 155
I to, within the context of not crossing the I
2 line into substantial modification, meet with 2 got a feeling about it.
3 staff and see if you like what we've corne up 3 MR, GROSS: Well, Douglas, you have to
4 with, If lOU don't for the same reasons you 4 realize that's the architectural response,
5 stated to ay, we lose, but at least give us a 5 The monetary difference between what is
6 chance, 6 potentially proposed at the Planning Board and
7 MR, QUINTANA: May I ask a question to 7 where they are now is very dramatic,
8 the architect? 8 MR. DUANY: Because of the code changes,
9 You've been working in this, You know 9 MR, GROSS: Yes,
10 the project. Do you feel you can tune it down 10 MR, BLITSTEIN: Here's the thing, They
II to scale? II take the economic risk going another round,
12 MR, SMITIi: I think we can do a 12 It's not going to be inexpensive for them to
13 substantial amount within the context of a two 13 do that. Even with Jahn, he came to a work
14 tower or two primary building solution, and 14 session, 1 think he came before us twice, I
15 one of the things that we have, for example, 15 think in all fairness, whether this goes down
16 in the initial proposal, and you read it out 16 and it might very well the next time, but I
17 at 16 stories, that building was 16 stories, 17 think they should have the oPfcortuni2.' to go
18 What you're seeing here IS a seven story 18 one more round like Helmut ahn ha ,
19 building with all of this added onto it. Now, 19 MR, GROSS: Yes, I ~ with Peter,
20 we go back to 16 stories there just for 20 MR. BLITSTEIN: And think it's unfair
21 example, and we either add area here or we 21 for us to den&; it. I mean, I think if it's
22 start adding area in on these towers that we 22 going to be enied, it will be denied at the
23 lifted uE over the base of the hotel so that 23 next session, Th~ take the risk with all the
24 we cou d see out for the rental units, We 24 economic things at are associated with that,
25 start filling those in and that's going to 25 but I think they ought to have the right.
begin to take some of this mass down in some Page 153 They have the best architects in the country, Page 156
I 1
2 way, I mean, that is one of aspect we can do 2 He's heard us, Probably he should have come
3 it. Another aspect that we can look at is how 3 in for a work session kind of like what Helmut
4 can we get more saleable area in the slot 4 Jahn did, but they opted to come in, and I
5 between the two buildings and other areas what 5 feel it's unfair to just deny it.
6 can we do to pwnp ub-the e~es with more 6 MR, GROSS: Do you want to bring them in
7 rogram, Those are t ee or our different 7 at one o'clock in the morning?
8 ind of massin~ alternatives which I think are 8 MR, BUTSTEIN: No, We already did that
9 within the con mes of what lOU see in these 9 once,
10 three models just in terms 0 staying with 10 MR, WORTH: 1 just have one question for
11 certain components of it. 11 Tom and William, because this really puts a
12 The other aspect is that a lot of this 12 lot of burden on bOu,
13 is color, It's a harsh color. I mean, 13 MR, GROSS: T ey're used to the burden,
14 there's a lot of contra,>t here and it's not 14 MR, WORTIi: you're the ones really who
15 softness, 15 will decide on a material change, and,
16 MR. GROSS: 1 think if you are roing to 16 frankly n
17 continue, I think there is a genera sentiment 17 MR, GROSS: well, Dean does,
18 that the towers really need to be simplified, 18 MR, WORTIi: Dean ultimately, but it's a
19 that there's a lot going on in those towers, 19 staff decision, The concern I have is that,
20 Peter made a motIOn to continue, 20 frankly, through these meetings there is an
21 MR. BEHAR: Mr. Chairman, may I just 21 ~portunity for rapport buildmg, which is
22 address that before the motion is made? I 22 me, but there's no give and take with other
23 just have a very brief conunent regarding the 23 members and to what extent it's easier for you
24 motion for a continuance, 24 to then sa~ "Well, okay, this isn't a -
25 My name is Howard Behar, I represent a 25 material c ange," Are you comfortable with
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Page 157 did with Helmut Jahn, then that's it. Page 160
1 being able to know when to draw the line? I
2 MR. MOONEY: You know, it's clear, 2 MR, GROSS: Or if we don't approve it
3 We'll know when they've crossed the line in 3 Tom's saying, at that time the twelve month
4 terms of whether or not the application is 4 window is up,
5 under the auspices of the existmg application 5 MR. BLITSTEIN: But at least it gives
6 or whether or not they'll need a new one, If 6 them the chance,
7 they cross the line and they need to submit an 7 MR, TOUZET: Peter, I'll second it, but
8 application, it won't even come to hOu, If 8 with a friendly amendment. I would want to --
9 however it gets to the point where t ey can 9 Douglas, I'm so~ h but rather than sayin~
10 onz make so many chan~es but they don't 10 one urban block, would say to main tam t e
11 ad ess our concerns, we 11 be very forthright 11 fabric,
12 with them, We'll say that "This is what you 12 MR, GROSS: well, that's not part of the
13 need to do to stay Within the auspices of the 13 motIOn,
14 application, We may not be able to recommend 14 MR, MOONEY: peter, are you going to be
15 favorabl1{or it, but you can still ~o to the 15 continuing both applications to August lIth?
16 Board. e Board will make the mal call." 16 MR, BLITSTEIN: I suppose,
17 So really there's not that much pressure 17 MR, MOONEY: Then you need to make that.
18 on us per se, 18 Just say DRB File Number 9192 and DRB File
19 MR. GROSS: The answer to your question 19 Number 9611 will be continued to a date
20 is, yes, he's comfortable, 20 certain of August II th, Is that your motion?
21 MR, CARY: But the Board does need to be 21 MR, GROSS: That's his motion,
22 more clear about which direction it wants the 22 Carlos, what are you saying? Not a city
23 applicant to go, The Board has to say, "Yes, 23 block, but --
24 we want the ~~icant to reload the FAR on the 24 MR, TOUZET: I just felt more of the
25 west and sou orders of the site so that we 25 urban fabric, rather than city block, because
Page 158 Page 161
1 can create different levels in the two towers, 1 that direction can be kind of brutal.
2 We want to concentrate more of the height in 2 MR, GROSS: So there's a motion that has
3 the one of the towers and lower in other 3 been made and seconded to continue to the
4 tower," 4 August 9th meeting,
5 MR, GROSS: He already :?tlthesized it. 5 MR. MOONEY: August lIth,
6 I think he has a good idea 0 the direction, 6 MR. GROSS: August 9th is my birthday,
7 I mean, we can't design it for him, 7 All in favor say "Aye," Opposed?
8 MR. CARY: I mean that is the direction 8 (Motion carries,)
9 that the Board wants to go, 9 MR. WORTII: Just one request to the
10 MR. DUANY: I'm very clear that I would 10 architect. Before the next submission, can we
11 like areas of this project accessed to II please get some materials in advance that are
12 preserve ~blic space, and I wonder whether 12 a little closer to your hresentation so we'll
13 that can done as a modification, 13 really have access to t em,
14 MR, CARY: YOU made a very significant 14 MR, CARDENAS: I took notes on your
15 comment. You said fOU want for the site to be 15 request.
16 treated as a city bloc, That's a very, very 16 MR, GROSS: Thank you very much,
17 powerful direction. If that's what you 17 ~Thereupon, the hearing was concluded at
18 want -- 18 :10 p,m,)
19 MR. DUANY: That's what I want. I think 19
20 we really do owe it to the city, The floor 20
21 area ratio is almost secondary to me, but 21
22 there are all these technical issues. I~ust 22
23 wonder whether that can be done wi out it 23
24 being changed drastically, 24
25 MR. MOONEY: I couldn't tell you unless 25
Page 159 Page 162
1 we saw the revised plans, 1 CERTIFICATE OF REPORTER
2 MR. CARDENAS: Adrian Smith has said he 2
3 thinks he can, 3 STATE OF FLORIDA: : ss,
4 MR, GROSS: All Right. There's a motion 4 COUNTY OF DADE:
5 that Peter has made to continue, 5 I, STEVEN WASSERMAN, certified Shorthand
6 MR. MOONEY: peter, when do you want to 6 Reporter in and for the State of Borida, do hereby
7 continue it to? 7 certify that I reaorted in shorthand, the
8 MR. BLITSTEIN: J~, 8 proceedings ha before the Design Review Board at
9 MR, MOONEY: Is ay 25th enough time for 9 the time and place set out herein; that the
10 you to get revised plans in? 10 foregoing pages, numbered from 1 to 161, inclusive,
II MR. GROSS: what do you mean May 25th? 11 constitute a true and correct transcript of the item
12 MR, MOONEY: I mean, that's the 12 thereof.
13 submission deadline for the July meeting, 13 I further certip; that I am not an attorney nor
14 MR, GROSS: That's no good, Let's go to 14 counsel to any 0 the I?arties, nor related to any of
IS August or even September. 15 the parties, nor finanCially interested in the
16 MR, MOONEY: As a matter of fact, also 16 actIOn,
17 you should know that if you don't get an 17 WITNESS my hand and official seal this 1st day
18 approval in August, the application will 18 of June, 1998,
19 become null and void, So in August it's all 19
20 or nothing, 20
21 MR. BLITSTEIN: I say this again, that's 21
22 why I said it earlier, if theJ are willing to 22
23 do that, s~end the time an the effort, then 23 STEVEN WASSERMAN
24 they shou d have that second chance, knowing No~ Public
25 that when they come back and deny it like we 24 MV CommiSSIOn Expires April 20, 1999
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'82 (1] 126:13 2:24 6:19 9:12 630,000 [I] 136:17 accomplish [3] 91:23 advantage [2] 68:18
'84 [8] 36:14 36:]9 18:7 19:7 19:12 670 [2] 86:14 86:]9 91:24 92:8 117:7
61:23 62:2 62:19 53:21 54:10 56:3 7 [2] 59:20 161:18 accomplished [2] advised [4] 19:24
62:22 62:23 63:6 61:7 61:8 162: 18 700[1] 127:24 135:17 23:24 61:18 63:13
1999 [I] 162:24 129:10 accordance [3] advises [I]
'94 [2] 8:25 65:11 725 [2] 51:5 52:6 3:20 63:10
'97 [5] 63:19 65:] 1 19th [I] 64:18 7:15 9:22 affect [I] 136:14
80[4] 59:22 60:2
84:19 84:20 86:4 1 st [3] 37:2 107:8 113:5 113:10 according [I] 102:12 affects [2] 90:2
00 [I] 1:6 162:17 8486 [I] 11:5 accordingly [I] 6:3 92:18
1 [2] 58:2 162: 10 2 [5] 53:20 53:21 9[2] account [3] 18:14 afforded [I] 117:6
54:9 58:21 61:6 55:22 57:24 68:15 136:22 affront [I]
1,340,000 [I] 13:2 122:4
2,700,000 [1] 138:2 9192[11] 1:11 accurately [1] 29:4 afternoon [2]
1,780,000 [1] 21 :20 50:8 50:25 53:18 103: 13
1,785,000 [I] 12:25 2.0 [1] 42:8 55:19 61:4 64:11 acqUIesce [I] 27:3 103:15
1.34 [1] 28:22 2.1 [1] 55:16 64:]2 64:22 84:22 acquired [2] 5:10 again [15] 4:2]
1.75[1] 28:22 2.5 [1] 42:4 160:]8 132:9 16:22 33:16 39:9
20 [6] 76:23 86:20 9193 [14] 1: 11 acre [13] 5: 12 10:24 49:23 52:10 63:17
10[5] 53:21 54:10 100:6 100:7 129:17 2:3 2:9 2:15 85:21 90:4 90:12 63:18 71:25 78:12
56:3 61:6 161:18 162:24 8:22 9:4 12:3 114:2 116:13 134:18 82:18 86:17 106:7
10,000 [I] 56:16 200 [2] 82:16 141:17 12:10 12:19 18:9 137:23 138:8 138:9 138:22 159:21
11th [3] 160:15 160:20 2000 [I] 79:24 49:9 49:10 49:12 138:10 138:10 against [3] 35:25
161:5 49:15 acres [4] 91:4 92:5 112:24 122:19
12 [4] 1:5 18:7 201 [1] 53:6 9486 [12] 1:11 138:5 138:14 agenda [5] 4:10
19:12 61:7 22 [2] 8:23 15:9 2:9 6:12 7:25 act [1] 71:9 4:14 38:2 65:14
12.48 [I] 90:12 220 [I] 2:22 8:22 12:2 12:9 action [6] 20:20 65:17
12th [3] 57:17 60:3 22nd [I] 64:19 18:9 49:10 49:13 60:21 60:25 65:5 ago [6] 30:18 30:20
87:18 234 [1] 2:22 49:20 50:2 65:8 162:16 30:20 94:17 99:18
134 [2] 6:18 52:7 25th [2] 159:9 159:11 9611 [8] 1: 11 50:8 activity [3] 25:7 145:10
135 [1] 52:25 54:2 55:19 74:11 114:25 agree [9] 11 :20 14:2
51:6 29 [2] 55:21 60:19 63:21 88:10 160:19 14:13 23:25 46:5
14 [2] 73:23 129: 11 2nd [2] 64:11 64:13 9th [2] 161:4 161:6 actual [1] 29:16 59:6 140:22 146:17
15 [5] 51:6 55:24 3 [2] 59:10 85:9 abilities [I] 56:23 add [5] 27:16 100:6 155:19
124:5 141 :22 152:21
60:24 70:13 73:24 3.5 [31 42:2 42:3 ability [1] 25:24 agreement [27] 27:22
16 [10] 12:11 52:7 64:5 added [I] 152:19 27:25 28:3 28:8
54:7 63:22 63:24 30 [1] able [19] 23:12 25:18 adding [2] 18:18 28:13 28:14 36:14
138:3 41:]2 45:14 77:8
63:25 71:21 152:17 300,000 [1] 38:16 92:4 92:7 117:15 152:22 36:19 38:7 40:6
152:17 152:20 addition [7] 61:23 62:2 62:19
301 [2] 37:17 99:25 121:15 128:3 131:15 29:2
161 (1] 162:10 132:12 143:3 143:11 71:4 76:7 79:21 62:23 62:24 63:7
16th [1] 84:20 31 [3] 19:7 20:24 145:18 147:14 150:7 80:11 115:21 135:8 84:24 100:21 102:2
1700 [1] 1:7 55:23 151 :25 157:14 additional [2] 12:20 102:7 102:17 103:20
32 [II 12:5 56:14 103:21 104:2 104:6
18 [17] 3:23 7:18 above [3] 18:9 104:10 135:5
10:24 55:2 55:7 34th [1] 76:13 75:21 128:17 address [12] 9:10
agrees [1] 17:15
61:2 84:22 85:21 35th [I] 76:13 absolute [2] 135:20 10:10 ] 1 :16 29:15
90:4 91:4 92:5 39 [1] 12:5 135:21 43:18 51:22 52:22 ahead [I] 125:3
114:2 116:13 134:18 4 [2] 1:6 59:19 absolutely [4] 95:14 74:4 89:5 113:10 aIr [2] 79:6 96:9
137:23 138: 10 138:13 108:]8 118:8 122:13 153:22 ]57:11 airport [1] 125:19
40 [8] 2:21 9:6
l827J[1] 44:14 12:10 15:22 15:24 abstract [2] 67:9 addressed [10] 13:5 Al [Il] 4:7 5:5
1821[1] 44:16 80:4 95:18 100: 16 67:14 14:18 14:25 27:21 13:9 53:2 53:4
abstracted [I] 27:23 58:18 60:3 84:7 89:4 102:8
18th [2] 55:25 63:19 400 [2] 95:20 102:10 80:8 113:19 113:23 144:3 113:4 130:21 134:8
1947[11111:12 41 [7] 52:5 54:6 accent [1] 83:15 addresses [3] 14:23 AI's [I] 23:9
1950's[11 120:20 66:13 76:16 76:17 accept [2] 112:14 123:11 150:17
1976[1] 126:13 76:21 105:21 143:14 addressing [2] albeit [I] 67:8
42 [4] 57:22 Alberti [1] 111:14
1978 [1] 53:15 6:17 9:3 acceptable [I] 136:4 58:2
1984 [1] 27:22 12:2 12:9 acceptance [I] 38:24 adequate [1] 132:22 alive [2] 104:5 127:13
1990 [1] 79:24 449 [4] 86:14 86:19 accepted [1] 103:23 adhere [1] 92:3 allocations [I] 132:6
100:9 142:3 allow [9] 11 :18
1990's[1] 11:6 46 [2] 37:2 107:7 access [10] 70:4 adheres [1] 18:25 17:16 30:3 30:5
70:16 72:10 72:19 administrator [I]
1994 [6] 27:24 55:21 50 [3] 15:20 15:24 73:2 73:11 125:7 72:18 108:9 114:24
55:22 55:23 60:19 93:2 136:21 151:12
140:15 128:24 134:6 161:13
61:10 54 [3] 2:20 9:6 accessed [1] admit [1] 122:21 allowable [I] 67:5
158:11
1995 [3] 55:24 60:25 12:3 accessible [I] adopted [21 65:5 allowed [4] 20:2
61:11 70:24 87:8 28:24 86:3 138:3
580 [1] 2:21
1997 [15] 8:24 5th [2] accessway [I] 132:25 adorable [2] 95:]3 allowing [I] 72:20
55:17 105:25
53:20 53:21 54:2 accessways [I] 133:24 95:14 allows [31 73:5
54:9 61:2 61:6 6 [3] 2:24 6:19 acclimated [I] Adrian [7]
9:12 16:24 56:11 73:10 132:14
62:15 63:22 63:24 accommodate [2] 57:6 57:9 66:5
63:25 84:22 85:14 60 [6] 51:4 66:19 1]4:13 137:15 159:2 almost [4J 21:22
128:8 128:11
87:12 88:4 76:17 76:19 100:25 advance [2] 116:2 117:8 158:21
1998 [13] 138:6 accommodated [1] 13:24 alone[l] 125:17
1:5 98:21 161:11
WORLDWIDE REPORTING
Index Page 1
HEARLNG:OCEANPARCELS
CondenseIt I'M
along - best
(
along [8] 68: 15 84:4 60:24 62:14 63:12 132:10 132:15 141:8 159:15 159:18 159:19 75:18 75:23 80:2
105:2 106: 18 114:10 63:20 65:18 71:20 155:4 160:15 160:20 161:4 88:20 94:11 94:19
114:25 115:7 117:18 84:19 84:21 85:25 architecturally [1] 161:5 161:6 94:21 95:11 96:7
alternative [2] 61:25 87:12 87:17 89:20 61:8 auspIces [4] 149:8 96:24 97:9 97:12
62:4 100: 14 10 1:1 7 104:7 architecture [7] 31:6 150:19 157:5 157:13 98:11 98:18 99:2
alternatives [2] 135:3 108:13 108:15 108:21 80:2 110:2 111:13 authored [I] 27:24 99:3 99:4 99:10
108:24 109:5 ]09:6 99:19 103:12 105: 14
153:8 136:9 136:10 149:6 111:24 125:21 147:8 Authority [1] 147:16 107:3 112:10 112:11
Alton [1] 55:17 150:4 150:10 150:17 area [22] 19:4 29:11 automobile [2] 69:23 112:15 121:9 121:9
always [:5] 107:11 ]50:19 151:18 ]51:22 30:19 31:5 76:22 77:6 122:16 123: 11 124:15
107:14 124:7 147:10 154:10 154:14 154:19 94:20 97:13 98:5 available [3] 96:8 126:25 127:4 127:13
154:13 157:4 157:5 ]57:8 98:10 99:8 112:]9 96:9 117:9 132:22 132:23 133:24
amendment [11] 12:11 157:14 159: 18 112:20 122:5 139: 11 A venue [3] 143:18 154:4
139:13 139:15 140:19 31:8
21:5 22:25 26:4 applications [31] ]42:10 152:21 152:22 82:14 97:9 beaches [1] 98:25
32:9 32:25 33:19 5:17 8:7 8:22 153:4 158:21 Avenue's [1] 31:9 bears [1] 19:2
35:19 42:6 65:2 11:22 14:14 18:9
160:8 18:18 36:15 53:17 areas [6] 73:13 74:17 avoid [2] 86:21 beat [2] 22:18 64:23
America [1] 99:15 61:3 61:10 61:16 74:18 139:22 153:5 101 :8 beauties [1] 105:13
62:12 62:21 63:5 158:11 award [I] 56:22 beautiful [7] 95:6
amount [4] 73:16
73:17 122:25 152:13 63:10 63:13 65:21 argue [2] 103:22 104:10 aware [2] 80:3 97:11 99:2 99:4
analysis [11] 84:16 86:25 87:6 argument [8] 15:15 134:11 99:8 111:9 112:21
7:21 87:8 100:12 101:16 22:22 36:20 41:19 beautifully [1] 121:21
43:24 51 :14 51:15 108:16 136:7 148:17 65:20 65:23 66:2 away [1] 110:22
51:16 52:14 52:16 151:8 151:9 151:12 129:16 awful [I] 97:25 beauty [4] 30:21
55:13 55:15 55:17 160:15 axonometrics [1] 31:16 98:11 99:19
108:4 applied [41 arrows [1] 73:16 58:12 became [2] 30:21
85:14 Art [I] 55:16 65:6
anew [1] 154:24 85:16 86:4 86:4 Aye [3] 49:17 50:4
Angeles [11 121 :11 applies [2] 48:24 articulate [2] 47:25 161:7 become [2] 16:24
answer [11 157:]9 90:4 112:21 B [6] 22:5 58:13 159:19
anyway [2] 36:4 apply [6] 6:6 articulated [2] 104:17 58:23 59:12 62:8 becomes [4] 93:21
124:21 7:2 28:15 35:13 109:25 63:2 93:22 138:23 143:7
apartment [4] 2:20 50:17 91:17 as-of-right [1] 4:15 background [31 18:13 beer [1] 124:19
6:17 9:6 135:21 applying [I] 91:25 aspect [:5] 68:14 54:23 82:11 beg [1] 30:17
apologize [I] 47:9 appreciate [:5] 5:23 73:10 153:2 153:3 bad[l] 99:7 begin [3] 32:13 81:5
45:20 82:3 88:19 153:12 balance [3] 31:4 142:10
appear [2] 93:9
123:18 88:21 assessment [1] 19:21 133:10 135:19 beginning [3] 5:11
appearance [1] 35:3 appropriate [14] 40:9 assigned [1] 61:4 barrier [1] 98:16 67:19 113:10
applicable [3] 36:21 45:22 50:13 58:11 assignment [I] 132:20 Barry [2] 54:19 begins [2] 77:3
89:18 89:19 62:9 91:8 91:20 Assistant [3] 1:23 74:3 144:22
applicant [23] 106:10 106:19 123:7 1:24 61:17 base [2] 75:9 152:23 behalf [4] 53:7
2:17 132:5 132:6 132:7
associated [1] 155:24 54:14 55:24 62:10
3:9 5:15 6:14 147:9 based [31] 3:21
7:4 17:25 26:12 approval [8] Associates [2] 54:16 7:17 8:15 8:18 Behar [:5] 27:13
43:19 46:21 47:6 2:19 55:14 14:14 16:16 16:17 27:14 29:18 153:21
47:17 48:6 51:3 6:16 8:17 8:24 association [1] 17:7 17:9 17:14 153:25
51:4 52:5 86:5 37:6
52:4 53:7 61:20 159:18 37:7 89:16 107:19 20:9 32:16 36:17 behind [8] 74:13
84:18 88:5 102:14 107:25 108:2 108:19 44:11 44:12 45:5 77:13 77:19 79:13
132:2 154:16 157 :23 approve [3] 110:16 48:2 48:5 48:8 81:15 93:7 105:22
157:24 112:17 160:2 assumlDg [1] 95:17 50:14 56:14 63:15 127:3
applicant's [I] 2:7 approved [I] 11:8 Atlantic [1] 80:15 98:14 113:14 113:15 behoove [2] 106:8
applicants [2] 15:7 April [3] 5:11 5:11 attempt [6] 28:9 122:10 131:7 131:13 106:9
117:19 162:24 38:15 41:19 80:7 131:17 132:4 132:7 beige [3] 75: 18 83:18
80:24 81:9 132:8 132:13 132:17
application [96] 2:18 arcane [1] 24:11 attempted [2] 136:16 137:16 137:25 83:19
2:23 4:3 6:15 arched [I] 71:21 38:4 believes [2] 46:10
38:11 basic [3] 18: 17 76:16
6:19 6:24 7:3 architect [16] 31 :6 attempting [4] 131:11 132:16
7:23 9:2 9:5 31:7 54:19 88:8 28:7 belong [71 35: 13
9:9 9:12 10:2 97:4 97:5 104:21 38:10 38:13 80:9 basis [12] 17:5 93:14 93:14 95:9
10:22 11:4 12:19 111:13 113:20 119:13 attempts [II 108:16 37:19 37:20 38:18 95:11 97:13 110:12
12:22 14:17 15:13 128:9 135:18 139:6 attention [4] 59:21 39:11 40:17 42:18
17:18 19:7 19:24 46:3 46:6 47:16 below [1] 74:20
147:7 152:8 161:10 85:3 87:10 88:24
20:18 20:23 20:25 architect's [2] 100:22 102:19 bends [I] 127:10
21:18 21:20 22:11 50:13 attorney [16] 1:23 Bass [31 37:3 107:7 benefit [2] 50:20
84:8 1:24 2:7 38:6
22:16 24:4 26:3 architects [19] 40:5 48:3 48:9 107:9 154:21
27:12 29:16 29:19 21:13 Battery [4]
36:3 53:22 56:9 53:5 61:17 61:19 126:12 benefits [1] 96:6
32:24 33:24 34:20 89:15 92:15 102:14 126:15 126:23 127:2 Benson [2] 1]0:9
35:18 35:19 41: 16 57:2 57:22 60:4
4]:18 41:21 43:21 86:12 88:11 93:13 131:21 132:2 162:13 Bea [2] 94:16 104:13 110:10
47:2 48:23 51:10 112:22 121:14 121:18 Attorney's [11 62:18 beach [:51] 1:2 beside [11 125:23
51:19 51:20 52:10 132:21 133:19 135:6 audit [I] 54:22 1:7 30:18 30:22 best [9] 59:8 62:11
52:20 52:21 54:3 136:3 137:15 145:12 August [12] 55:21 30:25 31:8 31:16 122:19 131:8 131:20
54:5 54:11 55:21 architectural [1] 60:19 87:23 149:20 35:14 51:7 52:7 131:22 134:21 135:5
55:25 60:19 60:23 9:20 56:13 56:24 60:22 67:10 73:13 150:23
WORLDWIDE REPORTING
Index Page 2
HEARJNG:OCEANPARCELS
CondenseIt TM
better - city
(
bettef[Io] 26:]8 43:6 43:9 43:22 98:21 134:23 139:24 13:11 13:16 14:11 challenges [I] I]: 16
32:4 40:13 103:2 43:22 44:9 44:22 140:10 141:4 144:22 15:4 15:16 17:21 Chambers (1] 1:6
109:21 117:6 119:20 44:25 45:21 45:23 building [411 18:24 18:6 18:14 19:23 chance [101 21:11
120:4 137:20 151:10 46:10 46:14 47:3 21:23 26:23 31:22 21:9 23:4 26:19 25:6 35:21 40:8
between [191 11:6 47:18 48:2 50:25 35:12 35:12 67:7 26:25 28:21 34:16 III :4 130:21 139:4
11: 11 34:19 71:10 53:4 53:19 55:20 68:16 75:9 76:24 36:5 36:8 45:8 152:6 159:24 160:6
72:21 76:16 77:2 60:17 61:13 61:14 76:24 80:25 81:10 50:10 53:3 53:5 chances [II
80:19 80:20 82:15 64:9 64:13 65:2 82:4 83:18 92:17 57:8 57:14 60:15 150:14
82:16 90:16 96:12 65:8 65:12 83:4 93:9 95:7 95:23 60:21 61:15 63:20 change [141 31:4
117:25 118:2 119:11 89:15 97:3 104:11 96:4 96:21 96:21 64:5 65:24 84:11 32: 19 36:4 39:20
135:19 153:5 155:5 106:8 106:20 107:7 100:2 100:25 103:2 85:11 86:19 86:23 44:24 81:6 112:14
beyond [6] III :3 116:14 120:6 103:3 103:4 103:4 88:18 89:13 91:6 112:15 138:24 148:22
103:12 130:11 130:23 130:25 105:6 105:24 113:21 91:10 101:15 102:4 150:25 151:21 156:15
123:14 139:22 140:10 131:15 131:16 131:18 121:10 125:15 147:17 102:9 113:9 130:24 156:25
141:2 143:25 134:9 134:11 135:4 147:23 150:24 150:24 135:24 137:11 150:13 changed [21 36:3
big [21 114:13 121:6 135:9 135:14 138:17 152:14 152:17 152:19 151:24 159:2 161 :14 158:24
biggef[1] 143:6 138:20 140:8 149:7 156:21 Cardenas' [21 27:17 changes [Ill 8:21
Biltmore [I] 125:18 150:5 150:10 154:8 buildings [35) 35:4 138:16 22:13 23:16 35:16
birthday [1] 161:6 155:6 157:16 157: 16 35:6 66:20 68:8 care (3) 70:7 111:16 87:13 149:4 150:2
157:21 157:23 158:9 71:5 71:6 71:11 131:9 150:8 154:5 155:8
Biscaync [6] 53:6 162:8
114:10 114:18 115:7 79:3 79:4 79:16 carefully [I] 116:15 157:10
115:24 144:16 Board's [3] 16:11 79:17 79:20 81:24 Carlos [8) 1:15 changing [1) 143:9
bit [13] 122:10 154: 15 81:25 94:10 96:14 25:13 35:24 41 :7 Channel [I] 125:7
47:24 67:23 boards [4] 61:15 96:23 101:13 103:15
69:13 115:10 123:10 82:21 82:23 89:19 105:23 105:25 111:17 49:7 50:3 122:20 character [5] 77:4
125:22 127:21 129:25 118:20 120:15 120:16 160:22 78:13 80:9 141:8
130:17 130:17 137:20 boats [1180:14 121 :20 121 :23 122:3 Carlton [I] 56:20 146: 13
140:2 142:16 Bob [2] 55:7 60:16 123:15 128:25 134:20 carnes [3] 49:18 characterization [I]
bitten [I] 119:10 bombarding [I] 112:12 141:24 144:13 146:11 50:5 161:8 32:11
Blair [3] 37:4 107:17 bootstrap [2] 28:8 153:5 carrymg [3] 68:25 characterize [1) 19:15
107:23 40:14 BuildingslReal [11 70:2 127:14 charge [I] 32:11
blame [31 95:21 borders [1) 157:25 III :25 CAR Y [8] 1:20 Charles [21 37:17
95:23 96:15 boring [I] 105:11 built [8] 38:17 38:17 116:11 117:17 118:8 99:24
blessed [I] 131:5 borrow [1] 108:16 79:17 105:15 125:7 151 :19 157:21 158:8 chart [3) 60:16 60:17
BUTSTEIN [28) Boston [1] 147:16 138:3 138:4 138:7 158:14 63:17
1:17 25:12 25:16 bothering [I) 115:15 bulkhead [2] 145:22 case [5] 11:2 40:11 check [2] 60:5
25:22 41:10 46:25 145:24 144:25 150:15 154:19
bought [1] 132:3 107:14
47:24 48:19 49:5 bunch [1) 145:12 cases [II 80:6 Chicago [9) 35:13
49:24 120: 13 138:21 Boulevard [I] 53:6 bungalow [41
71:6 cast [21 94:8 98:25 56:14 56:19 56:19
139:5 139: 17 148:8 boxed [II 141:24 71:15 77:17 78:14 casual [I] 94:19 66:7 93:13 112:8
148:13 149:11 149:15 boy [1] 105:9 burden [2] 156:12 121:12 129:4
149:21 150:11 151:4 Catch [1] 15:9
155:10 155:20 156:8 Brazil [I] 30:15 156: 13 CBS3 [I] 84:17 chief [1] 149:2
159:8 159:21 160:5 break [2] 80:24 81:8 business [1] 31:10 center [5] 1:7 choice [1] 154:20
160:16 breaking [1] 81:3 bustle [1] 76:24 56:19 71:12 112:7 chose [5] 39:21
block [8] 142:25 brevity [I] 5:24 busy [I] 123:18 144:23 39:22 61:25 62:8
146:3 146:7 146: 12 brick [2] 70:12 78:11 C[21 58:15 59:12 central [I] 68:24 62:20
158: 16 160:10 160:23
160:25 Brickell [2) 31:8 C.E.O [1] 57:3 ceramIC [2) 83:23 chosen [3] 134: 18
31:9 cabana [1] 71:6 84:4 134:19 135:4
blocked [I] 141:14
bridge [I] 139:2 cabanas [2] 75:24 certain [4) 22:17 circular [31 69:2
blocking [I) 67:21 69:6 69:23
brief [4] 37:8 88:14 75:25 80:6 153:11 160:20
blocks [I] 143:19 110:22 153:23 calls [5] 12:2 12:3 certainly [16] 18:3 circulate [1] 73:6
blue [5] 72:4 73:17 bring [II] 22:10 12:9 12:10 12:11 21:25 34:6 36:16 circulation [8] 70:16
81:7 83:6 96:10 58:4 59:21 81:12 calm [I] 97:22 36:18 40:3 40:16 72:3 72:4 72:5
board [110] 1:3 85:2 87:9 106:13 calming [I I 59:3 79:10 79:11 73:11 73:12 73:12
1:14 2:6 2:25 117:15 130:12 150:16 97:21 104:5 106:25 118:5 73:15
3:13 3:19 4:8 156:6 Calstein [2] 94:16 130:14 149:8 149:23 circumstances [2]
4:12 6:20 6:22 bringing [2] 88:23 94:16 Certified [I] 162:5 27:2 36:20
7:8 7:15 8:7 139:21 camera [I) 69:17 certify [2) 162:7 cities [I) 95:2
9:13 9:25 10:19 brings [I) cameras [1) 67:22 162:13 city [57] 1:2 1:6
14:15 16:3 17:14 70:14
19:12 19:17 19:19 Broadway [I] 127:10 cannot [8] 28:16 cetera [2J 56:16 1:23 1:24 5:10
22:11 24:13 24:23 broken [2] 82:18 98:12 98:15 98:17 89:25 10:15 20:6 20:8
27:9 27:13 28:20 98:20 98:24 139:24 Chair [3J 8:6 53:4 30:22 30:24 31:13
123:24 140:10 37:2 38:6 40:5
32:15 32:18 32:20 bronze (1] 84:2 63:24
33:3 33:4 33:8 capacity [II 148:22 chairman [9] 1:15 48:3 48:8 53:8
34:8 35:9 39:3 brought (4) 40:24 73:14 13:18 24:21 27:14 60:22 61:2 61:17
82:21 95:5 103:8 car [11 61:22 62:5 62:17
39:4 39:8 39:21 cardboard [I] 77:24 48:21 107:6 108: 14 62:18 63:7 81:6
39:25 40:9 40:11 brunt [1] 147:22 130:24 153:21
40:16 40:21 41:7 buffef[l] 132:22 Cardenas [52] 5:4 challenge [1] 87:16 91:25 92:2
5:5 6:8 8:6 101:19 93:15 111:20 124:9
42:5 42:18 42:21 build [8] 31:3 98:16
WORLDWIDE REPORTING
Index Page 3
HEARING: OCEAN PARCELS
CondcnscIt 1M
. ,
CIty S - covered
(
126:13 126:15 126:21 Collins [5] 55:18 85:3 85:6 confines [21 88:25 continuance [61 88:4
127:2 127:1 I 129:3 82:12 82:14 97:9 compliment [1] 110:10 153:9 138:17 139:3 148:19
130:2 130:20 131:5 97:10 comply [3) 51:21 confirm [1] 113:12 149:16 153:24
131:9 131:20 131 :22 color [9] 69:22 75:8 52:21 86:12 confused [2] 37:18 continue [17] 25:3
132:4 132: 14 132:17 75:18 81:7 83:8 40:22 25:4 35:20 39:18
136:13 141:23 144:7 83:19 121:7 153:13 component [71 35:15 70:18 88:22 122:11
146:3 146:7 147:8 153:13 68:16 78:23 80:25 confusing [11 60:12 136:21 137:16 148:1 I
158:16 158:20 160:22 colors [4] 81:4 115:3 115:5 congestion [1] 110:15 148:14 148:21 153:17
79:19
160:25 83:2 83:9 83:15 components [3] 82:19 conjunction [5] 19:6 153:20 159:5 159:7
city's [3] 20:16 column [1] 142:10 153:11 19:9 43:20 85:19 161:3
77:12
85:4 86:10 combination [I] 137:7 comports [1] 30:2 86:8 continued [3] 53:20
claims [1] 101:22 comprehensive [I] connect [2] 71:2 54:8 160:19
clarify [2] 47:11 combined [1] 59:6 85:17 114: 18 continuing [3] 70:3
48:22 comfortable [5] 15:16 conceded [1] 101:11 connecting [3] 67:17 148:17 160:15
clarifying [1] 102:23 91:22 145:2 156:25 conceived [1] 98:5 73:7 135: I 3 continuous [II 70:25
157 :20
clarity [2] 125:9 concentrate [II 158:2 connection [41 90:16 Continuum [91 5:7
cormng [191 14:8 115:24 127:19 130:6
140:24 15:25 38:14 46:21 concept [71 3:14 5:9 9:20 18:7
class [II I I 1:23 70:12 72:25 73:20 7:9 10:12 18:21 connectivity [II 80:19 18:16 53:7 54:15
classical [1] 146:23 78:1 I 79:7 80:13 74:6 79:13 79:15 consent [II 89:8 55:22 55:24
clean [1] 104:16 82:9 82:10 116:6 conceptual [II 143:19 consider [15] 22:3 contracted [21 9:20
clear [9] 49:2 119:20 121 :14 124:12 concern [9] 12:20 32:21 39:9 40:10 18:16
63:9
90:18 108: I 8 139:8 124:16 129:13 131:12 II5:22 116:7 119:2 42:19 42:22 46:15 contrary [1] 21:18
140:25 157:2 157:22 commend [II 110:23 119:6 130:1 I 134:3 47:4 48:12 50:8 contrast [2] 85:25
158: 1 0 comment [20] 3:16 138:23 156:19 104:11 110:13 112:20 153:14
cleareT[l] 7:1 I 24:14 24:18 concerned [41 45:22 118:15 119:5 contribute [II 123:19
67:25 consideration [3]
clearly [41 40:10 27:1 I 36:23 40:20 47:1 I 70:10 118:17 Convention [1] 1:7
58:4 73:9 116:16
112:6 124:4 125:8 40:21 41:10 84:9 concerns [201 9:1 I Coordinator [I I 1:20
89:6 92:1 I 116:10 9:16 10:11 13:6 considered [61 37:22
clerk [2] 55:3 55:8 120:9 120:14 122:8 14:18 14:23 29:2 64:11 65:17 86:8 copIes [1J 19:1 I
clever [II 22:10 124:25 147:22 153:23 39:13 39:14 51:22 108:22 151:22 coral [II 69:22
client [9] 53:7 158:15 52:23 53:23 54:10 considering [3] 42:6 corner [8) 2:16
62:10 90:24 91:24 commentary [I] 58:25 60:2 113:6 113: I I 64:7 65:2 6:13 52:3 77:9
132:4 132:9 133:20 commenting [11120:10 113:17 126:11 150:18 consisted [1] 9:2 93:15 99:9 115:5
136:8 143:10 comments (22) 6:6 157:11 consistent [2] 63:22 146:21
client's [3] 19:8 7:2 8:3 9:24 conclude (3) 46:22 79:23 correct [8] 5:20
62:1 I 136: 14 24:22 27:17 29:17 131:2 137:22 consistently [1] 24:2 19:21 29:18 86:23
clients [4] 9:14 30:11 31:19 36:1 I concluded [2] 23:10 consisting [1] 101:10 102:5 139:17
85:15 85:16 90:10 37:12 59:4 108:6 161:17 2:21 162:1 I
cliff [7] 17:23 61:18 108: 1 I 110:8 II 1:2 conclusion [5] 34:2 consists [31 18:21 correspondence [II
61:20 61:23 62:8 I 18: I 3 120:6 135:14 47:16 81:13 86:24 34:22 66:19 29:20
62:9 129:18 136:25 137:3 137:17 135:24 consolidate [1] 68:23 corridor [5] 4:13
Cliff's [1] 18:2 commission [21] conclusions[3] 17:15 constantly [1] 68:9 4:16 68:7 115:22
close [3] 81:19 105:10 1:6 19:16 19:18 84:13 101:20 constitute [3] 46:12 141:17
145:20 19:22 20:6 20:8 concrete (2) 98:22 48:15 162: 1 I corridors [6] 13:6
closed [1] 21:3 21:7 21:9 146:12 constituting [I] 42:23 116:17 116:20 133:4
95:22 21:13 23:2 27:18 133:25 134:5
closer [1] 161:12 38:4 38:5 38:8 concur [3] 118:5 constraints [1] 146:4
club [31 51:7 38:12 38:14 40:4 122:7 122:13 construction [12] counsel [6] 17:1 I
52:7 17:24 19:8 87:20
75:18 65:4 103:23 162:24 concurrency [6] 43:20 2:19 6:16 9:3 101:10 162:14
clues [2] 67:6 67:8 community [1] 118:21 43:24 54:17 54:21 9:5 12:21 51:4
55:9 55:12 52:5 54:6 110:17 counselor [21 36:10
coast [I) 140:11 Companies [3) 5:7 condition [31 140:5 140:18 145:20 45:8
5:9 53:8 67:9
coastal [4] 140:4 75:13 146:7 contained [1] 9:15 countries [I] 56:17
140:6 140:17 144:10 compare [1] 11:4 conditions [II contemporaneously country [1] 132:1 I
code [11] 22:20 compatible [2] 121:22 55:16
22:23 condo [I] (1) 105:16 County [2) 91:18
36:17 51:22 52:22 144:9 76:11
condominium [201 contention (2) 114:14 162:4
61:22 62:6 62:17 competent [I] 108:8
63:7 65:3 155:8 complete [4] 2:23 37:6 51:5 114:15 County's [11 91:16
21:19 52:6 53: 14 54:6 contentious [1] 72:6 couple [31 57:10
cognizant [II 8:11 63:12 63:14 94:3
69:3 69:12 69:14 context [11] 11:21 71:19 72:8
cohesive [3] 81:2 completed [3] 64:8
76:10 81:21 84:3 67:2 68:4 103: 15 course [8] 21:16
114:8 117:5 65:17 65:21 89:9 90:5 93:25 I I 1:19 111:21 112:23 25:16 71:16 95:4
coincides [II 138:8 completely [8] 93:7 97:17 107:19 107:25 125:22 126:24 134:22 103:14 113:20 116:18
collaborative [1] 110:5 127:24 141:14 108:19 112:4 152:13 128:24
147:13 144:20 151:11 151:13 condominiums [2) contextual [6) 67:6 court [5] 20:18 21:16
collage [1] 81:10 151 :16 93:6 93:25 105:7 107:3 113:22 26:21 40:7 63:9
collective [1] 59:6 complex [5] 69:4 conducted [1] 43:25 142:4 147:7 COurts (I] 136:19
69:15 70:9 70:13
collectively [2] 10:19 141 :24 confer [1] 87:20 contextually [1] 69:8 covenant [1] 91:3
59:9 complied [3] 29:8 configuration [II continually [1] 108:12 covered [2] 60:7
116:24
WORLDWIDE REPORTING
Index Page 4
HEARING: OCEAN PARCELS
CondenseIt TM
covering - Douglas
(
74:14 36:24 138:25 156:17 density [5] 67:5 developed [3] 53:12 Director [I] 31:25
covenng [I] 82:25 156: 18 71 :11 110: 16 122:18 66:25 125:25 disagree [4] 21:15
crazy [1]25:7 Dear [2] 18:6 97:3 154:3 developer [6] 38:10 41:5 46:5 85:6
create [8] 68:6 DEBORAH [1] 1:24 deny [16] 14:16 39:23 40:8 103:25 disappear [3) 105:22
68:15 68:19 82:19 December [3] 53:21 35:16 39:22 40:17 104:21 106:9 106:4 106:6
103: 16 126:2 130:5 54:8 54:9 44:12 46:6 48:4 developers [1] 53:10 disappears [lJ 106:2
132:23 decide [6] 49:14 49:25 122:11 development [23] discouraging [I]
16:25 136:7 148:8 149:11
creating [3] 114:15 16:25 17:6 122:10 155:21 156:5 159:25 27:16 27:22 27:25 59:14
123:19 145:14 136:20 156:15 denying [5] 28:3 28:8 28:12 discovered [6] 32:18
40:11 28:14 28:25 29:5
creation [I) 130:12 decided [4) 30:16 45:4 46:24 138:19 38:7 40:6 42:24 42:19 42:22 44:23
criteria [29] 3:23 30:22 118:25 132:5 149:24 84:24 91:22 100:21 45:25 46:2
7:18 10:16 14:16 deciding [I) 16:19 departure [5) 33:22 102:2 102:6 102:17 discuss [2] 59:2
20:4 20:10 21:15 decipher [1] 60:18 34:19 34:22 34:25 103:20 103:21 104:2 154:4
21:17 36:17 40:2 decision [23] 3:12 35:2 104:5 104:10 discussed [3] 97:17
42:20 43:4 48:6 3:19 7:8 7:14 depend [1] 41:25 develops [1] 135:18 128:8 129:16
51:13 51:18 52:13
52:18 62:16 63:3 8:14 13:25 16:9 depending [I] 35:25 device [I] 73:14 discussing [21 71:19
63:15 84:17 84:21 23:20 23:22 23:25 depicting [1] 79:3 diagonal [1] 67:11 154:3
24:3 25:17 25:23 discussion [21
87:3 87:4 87:5 25:24 32:22 45:2 describe [1] 133:18 diagram [1] 80:12 29:3
87:7 91:15 102:15 36:24
119:4 45:17 46:16 47:5 describing [1] 13:12 dialogue [I] 147:15 dissimilar [1] 121:7
criticisms [1] 150:6 150:20 151:19 description [4] 3:5 dialoguing [1] 147:19 dissuade [1]
113:6 36:12
156: 19 6:23 13:17 52:11 diamond [2] 96:10
cross [31 15:20 139:2 decisions [1] 31: 13 design [59] 1:3 96:13 distance [3] 68:18
157:7 79:9 123:25
crossed [2] deck [1] 123:14 2:19 2:24 3:13 Diana [2] 1:23 distribute [I]
73:3 declaratory [I] 20:21 3:22 3:24 6:16 43:15 140: 19
157:3 6:20 6:25 7:9 distributed [4] 117:14
decreased [1] 117:20 Diaz [14] 9:21 10:2
crossmg [1] 72:24 deed [1] 91:9 7:18 7:19 14:15 10:6 10:8 18:17 137:24 138: 13 139:20
crucial [2] 125:6 16:16 19:12 23:16 18:21 19:5 19:17 distribution [2] 114:4
127:6 default [2] 38:8 28:20 35:10 36:7 19:20 22:20 23:21 139: 14
cruIse [1] 98:10 40:6 39:3 39:4 40:2 24:10 32:9 33:15 district [2] 98:3
cumbersome [1] 116:5 defense [2] 124:5 43:3 50:24 51:3 Dick [1] 16:23 120:22
124:6 51:12 51:18 52:4
cumulative [1] 110:14 defeT[l] 25:10 52:12 52:18 53:23 dictates [1] 142:2 districted [1] 115:20
cunous [3] 83:4 deferrals [2] 54:2 55:20 61:13 differ [1] 89:20 districts [I] 65:4
89:11 122:7 9:10 64:8 66:6 76:18 difference [91 dock[4] 74:15 74:16
87:13 76:18 79:12 79:14 11:10
current [6] 28:6 11: 11 12:8 12:12 78:9 129:22
40:9 42:4 97:15 defile [1] 98:5 85:19 95:8 97:3 76:16 77:2 106:2 documentation [1]
98:13 109: 15 definitely [1] 82:4 98:2 98:4 99:7 119:11 155:5 47:13
definition [1] 150:3 108:5 109:13 11 ]:15 differences [2]
cut [3] 71:14 96:22 113:5 116:8 116:13 11:6 documents [I] 133:15
149:22 degree [3] 143:4 116:14 130:8 131:17 12:14 dodge [11 120:8
D [2] 58:17 59:12 143:20 143:24 150:23 150:24 158:7 different [35] 4:9 doesn I t [10] 23:5
DADE [1] ]62:4 Delafuente [2] 55:7 162:8 4:21 15:10 15:12 36:3 57:20 9]:15
Damson [2] 54:21 56:4 designed [4] 4:11 17:11 23:11 23:23 110:12 114:23 116:3
55:11 Delagloria [1] 61:18 35:7 109:5 121:21 24:5 24:7 25:13 127:15 143:9 147:9
dangerous [2] delineated [1] 3:4 designs [3] 4:20 25:20 26:5 26:6 doll [2] 95:13 95:14
] 12:13 31:9 33:12 34:4
112:13 Delinhausen [2] 30: 13 95:6 96:21 35:6 39:5 39:6 dollar [1] 135:21
Daniel [1] 54:20 30:14 desire [3] 72:10 39:7 39:8 40:25 Don [5] 16:7 16:23
data [5] 3:6 6:25 demise [2] 112:19 135:20 154:]5 41:20 81:11 103:7 42:13 113:2 118:12
55:14 98:15 128:18 112:19 destroy [4] 30:18 123:8 124:2 134:4 DONALD [1] 1:17
date [6] 57:20 64:6 demonstrate [1] 44:22 31:5 98:7 99:21 135:2 151:12 151:14 done [26]3:20 7:15
64:14 133: 15 149:22 demonstrates [1] destroyed [2] 99:20 151:16 151:22 153:7 10:6 13:7 13:18
160:19 32:17 124:14 154:18 55:9 55:20 57:22
David [1] 55:13 denial [14] 3:21 destruction [2] 124:9 difficult [4] 10:15 58:13 58:15 58:17
27:2 80:3 131:14
De[l] 30:15 7:17 9:13 9:19 124:18 58:22 59:1l 59:19
11 :17 14:18 14:19 detail [I] 82:22 difficulty [II 119:14 59:20 68:25 95:8
dead [1] 124:13 20:17 38:11 38:13 detailed [1] dig [1] 98:22 98:14 113:12 120:11
58:8
deadline [3] 22:18 43:23 57:25 59:23 detailing [IJ 121:4 diligent [1] 131:21 128:21 141:2 142:8
64:24 159:13 147:15 158:13 158:23
136:6 determination [2J dim[l] 83:11
deal [7] 56:6 67:4 denied [22] 2:24 dots [2] 73:16 73:17
91 :19 105:18 129:2 3:19 4:4 4:12 47:20 154:7 diminutive [1] 95:12 dotted [1] 78:17
137:18 137:20 6:19 7:14 7:24 determine [41 10:19 dircct [1] 85:25 double [11 125:24
dealing [1] 130:15 9:13 14:14 14:24 32:16 33:10 46:2 dircction [11] 47:18
deals [2] 58:23 28:5 40:15 40:23 dctermincd [2] 21:19 122:9 126:8 126:9 doubt [5] 31:6
143:12 131:4 131:6 149:18
Dean [17] 18:7 41:14 43:7 51:20 85:22 127:6 142:17 145:14 154:22
23:8 23:9 24:5 52:20 109:7 148:4 determincs [1] 45:23 157:22 158:6 158:8 Douglas [101
149:4 155:22 155:22 158:17 1:16
24:6 25:17 25:23 denser [2] determining [lJ 10: 16 dircctly [3] 1:16 16:7 16:23
26:3 26:7 26:13 123:8 develop [4] 133:20 20:8 113:2 120:7 124:24
26:18 26:24 27:5 145: 14 133:22 134:2 136:15 75:24 85:22 144:11 155:3 160:9
WORLDWIDE REPORTING
Index Page 5
HEARING: OCEAN PARCELS
CondenscIt 1M
down - fairest
(
down [50] 4:]3 69:25 128:21 Elana [I) 30:13 essential [I] 18:25 exiting [1] 70:3
4:16 26:7 26:11 drugs [I) 124:19 elegant [1] 121:21 essentially [8] 21:7 expand [I) 132:23
26:18 26:24 27:6 DUANY [23] 1:16 element [2] 76:6 23:14 45:24 68:25 expectations [1] 132:13
31:23 32:2 34:3 120:10 125:4 126:10 77:11 77:10 115:6 128:5
70:16 70:18 70:20 151:14 expenence [2) 97:23
70:23 70:24 72:2 129:3 129:6 129:25 elements (4) 81:8 132: 18
73:23 73:23 73:25 144:4 144:14 144:24 81: 11 83:24 84:2 establish (1) 127:19 Expires [1] 162:24
78:11 78:24 81:23 145:19 145:24 146: 15 elevate [1) 126:3 established [2] 10:18 explain [11
146:19 146:23 147:3 126:19 140:7
94:17 94:18 96:2 147:5 148:18 148:21 elevation [10) 73:24 explained [1) 100:5
96:22 106:3 106: 13 154:23 155:8 158: I 0 73:24 75:6 75:7 Esther [1) 93:5 exploring [2]
115:23 116:3 116:3 77:6 78:6 78:7 esthetic [2) 35:3 115:11
158: 19 115:12
116:6 117:15 126:16 Dubbin [1] 78:20 128:15 128:17 79:22
128:6 128:21 129:11 27:23 elevations [7] estimated [1] expressed [4] 12:20
129:13 129:14 129:17 due [2] 113:20 116:23 58:6 136:15 14:24 53:23 54:11
58:9 74:5 74:10 et [2] 56:15 89:25
129:19 129:24 130:7 dumping [I] 124:13 78:4 79:2 79:13 expression [1] 81:2
130: 12 139:20 141 :13 dunes [1] 132:24 elongated [2] evacuation [I] 110:15 extend (2) 128:5
142:11 149:8 152:10 142:13 evaluating [I)
85:12 143:17
155:15 duplicate [I) 25:7 142:17
during [2) 33:19 emphasize [1] 96:17 evaluation [11 87:5 extending [1] 127:20
down scaling [2] 133:7
133:8 37:12 enable [1] 16:23 evenly [2] 115:19 extends [1] 142:25
138:13
downtown [I] 125:16 duties [1] 131 :16 enchanted [1] 30:24 extension [2] 133:25
event [4] 51 :20 52:20
down zone [I] dwarfs [I) 1)8:24 enclosing [I] 19:11 144:18
136:13 136:5 136:6
downzoning [I] 28: 17 E [1] 59:13 end [121 21:6 59:5 everybody [6) extent [8] 37:9
37:15 60:8 104:9 108:15
drainage [1] 54:22 early [I] 11:6 93:21 93:22 94:2 42:15 50:21 110:23 108:24 119:17 129:8
dramatic [2] 123:25 Easement [5] 2:4 94:3 94:9 111:4 120:24 134:24 156:23
155:7 2:15 6:12 50:25 127:19 130:3 145:6 everywhere [I] 107:15 exterior [4]
52:2 145:15 82:25
drastically [1] 158:24 ended [1] 141:19 evidence [26] 16:20 83:2 83:2 83:4
draw [I] 67:6 eaSIer [4] 43:4 17:8 30:3 32:18 extraordinary [I)
43:10 76:7 156:23 endless [1] 41:4 33:5 33:8 33:10
drawing [3] 69:11 endorsed [2] 125:16
easily (2) 129:21 38:8 34:10 42:19 42:22
70:22 77:3 129:24 40:5 43:2 44:11 44:23 extreme [1] 115:16
drawings [6] 9:18 east [19] 67:20 68:9 engage (2) 108:3 45:10 45:12 45:16 Extremely [I) 112:13
67:25 77:22 112:2 68:11 68:12 68:15 147:14 45:19 45:25 46:3 eyes [I) 30:24
113: 15 128:16 68:19 68:21 70:17 engineer's [I] 58:25 46:10 46:12 47:12 F[3] 58:3 58:18
drawn [2] 79:20 72:11 78:21 81:25 48:11 48:13 48:15 59:13
131 :23 82:8 82:10 95:10 enlarged [1] 69:11 108:8 F.A.D [I]
entered [1] 28:9 28:13
DRB [24] 1:11 115:17 126:16 128:25 exact [I] 140:14 F.A.R [1]
2:14 6:11 7:24 129:22 142:24 enters [2] 74:13 exactly [4] 34:25
48:16 fabric [6] 19:4
9:24 18:15 19:24 easterly [1] 114:5 78:8 94:9 126: 12 146:6
20:19 49:8 50:7 entertain [4] 14:7 example [6] 127:5 130:18 143:18
eastern [1] 117:13 12:18 160:11 160:25
52:24 53:22 54:20 59:4 130:22 138:19 15:18 143:21 146:5
56:3 62:8 65:14 easy [II 146:15 fabrics [1] 96:20
87:2 87:4 104:4 echo [1] 104:13 entire [4] 29:10 152:15 152:21 facade [1]
44:21 51:24 85:18 exceed [1] 81:9
131:24 133:6 147:12 ecological [1] 31:15 131:23 facades [3]
160:18 160:18 entitled [6] 13:14 exceeded [1] 20:2 67:19
drive [48] econormc [3] 50:11 14:16 133:8 133:9 excellent [I] 68:5 68:5
1:7 155:11 155:24 133:22 134:14 60:6 face [I] 106:3
2:17 2:17 4:13 except [2] 35:4
4:16 6:14 6:14 economy [1] 112:20 entrance (10) 58:24 faced [I] 136:8
61:9
37:18 51:2 51:2 edge [7) 71:8 75:13 59:7 69:23 77:6 faces [2] 91:13 91:14
52:3 52:3 68:4 122:4 123:13 142:20 77:7 93:20 114:12 excess [2] 28:24 facilities [3)
142:23 146:6 114:15 114:20 128:4 53:12 51:8
68:10 68:12 69:23 excessively [I] 52:8 76:25
70:15 72:24 74:12 edges [4]7]:9 144:20 entrances [2] 115:15 106:23 facility [1]
75:7 75:]6 77:5 144:21 153:6 130:4 exciting [1] 95:6 78:21
81:19 81:23 82:13 effect (5) 28:)3 entries [1] 68:24 excludes [I) 90:5 facing [5] 75:11
97:10 97:10 97:14 62:3 110:14 117:24 75:16 78:7 82:10
97:14 97:19 99:25 entry [1] 69:9 excuse [3] 50:19 144:19
118:2 enumerated [2] 51 :23 54:9 91:11 fact (16)
109:18 109:20 114:11 21:11 35:4
115:23 118:21 127:9 effective [2] 65:6 52:23 executive [I] 47:10 80:16 88:19 88:21
127:14 127:20 127:20 128:3 equally [2] 5:25 exhibit [11 55:5 90:17 103:14 105:15
130:6 135:14 140:24 effectively [5] 38:3 50:18 exhibits [I] 55:4 110:3 118:22 119:16
141:3 142:24 144:18 38:8 93:18 128:4 era [I] 79:23 exist [I] 67:10 124:10 124:13 127:3
146:19 146:22 149:12 137:4 159:16
driven [1] effort [3] 9:10 erred [I] 40: 11 existence [9) 62:16 fail [I) 150:14
122:23
147:13 159:23 erroneous [5] 32:22 62:19 62:24 63:8 failed [3)
driveway [2] 58:24 43:10 45:2 46:16 63:16 63:23 64:2 32:21
128:4 egress [1] 70:6 47:5 84:21 87:5 46:15 47:4
driving [I] 67:15 eight [2) 77: 13 80:5 especially [4] 30:25 existing [14] 36:7 failure [2] 44:12
drop (2) 72:14 72:16 Eighty [1] 50:16 87:11 93:16 141:12 51:22 52:22 55:15 48:5
drop-off [3] 69:3 either [7] 17:18 essence [5] 13:7 75:3 75:6 84:14 fair [5] 32:11 109:14
69:6 70:9 45:3 47:7 101:19 18:25 61:24 90:11 85:20 86:8 103:15 115:9 151:4 151:7
dropping [3] 69:24 116:4 138:20 152:21 136:7 114:20 146:8 146:9 fairest [I) 133:17
157:5
WORLDWIDE REPORTING
Index Page 6
HEARING: OCEAN PARCELS
CondcnscIt ThI
fairly - Gross
(
fairly [12] 51:9 file [35] 1:11 2:3 flexible [1] 148:2 fourth [II 68:23 glitz [1] 119:22
51:13 52:14 72:9 2:9 2:9 2:14 floor [9] 73:23 76:9 fragmented [I] 124:2 goal [2] 137:14 151:25
73:8 76:12 80:8 6:5 6:11 6:11 76:10 76:13 76:13 Francesca [I] 99:13 God [I] 124:19
81:19 137:24 138: 13 7:25 12:3 12:8 79:6 79:8 79:8 Francisco [1]
139:25 141:16 35:22 48:22 48:24 158:20 56: 15 goes [2) 42:21 155:15
fairness [1] 155:15 49:8 49:15 49:20 floors [5] 76:4 frankly [9] 11:9 good [9] 8:2 69:20
fall [1] 29:10 50:8 50:25 52:24 76:15 76:23 79:5 26:19 50:10 58:10 75:14 81:14 112:22
53:18 54:2 55:19 119:13 132:19 147:20 113:13 127:21 158:6
familiar [1] 25:9 61:4 61:24 63:21 86:20 156:16 156:20 159:14
famous [4] 31:7 64:11 64:12 64:22 Florida [10] 1:7 free [1] 90:18 goodness [II 96:11
97:3 97:5 98:8 65:15 84:22 101:21 5:6 120:]8 121:10
far [30] 104:7 160:18 160:18 121:17 121:24 126:21 Freedom [1] 125:6 goods [1] 130:4
20:2 21:15
21:17 21:25 22:2 filed [24J 8:23 10:3 130:19 162:3 162:6 freer [1] 72:22 gorgeous [1] 110:11
22:23 27:17 27:19 10:22 11:5 19:7 flow [1] 110:15 friendly [2] 75:13 graceful [2] 129:14
28:19 28:23 29:18 20:4 20:14 20:23 flush [1] 90:23 160:8 130:6
29:22 29:23 29:25 61:10 61:12 61:17 focus [1] 13:13 front [91 17:12 22:11 gracefully [1] 116:4
42:2 42:4 42:7 62:14 62:15 62:22 focusing [11 115:14 54:18 64:8 73:13 grade [5] 72:2 74:20
45:21 47:11 67:3 62:25 63:6 63:11 79:4 120:23 122:22 75:5 75:20 75:21
67:4 70:9 108:25 84:19 87:8 102:5 folks [3] 45: 11 90:19 145:21 gradual [11
132:6 133:7 133:23 102: 13 102:18 103:20 132:19 frontage [31 78:12 129:12
134:13 135:2 139:13 103:24 follow [3] 101:20 109:17 109:19 grandfather [11 22:17
157:24 files [6] 4:10 6:7 125:11 125:20 frontages [1] 109:24 grandfathered [1]
fashion [2] 50:12 8:2 8:4 50:18 following [2] 54:13 64:16
104:8 50:20 55:5 fronting [2] 75:23 Grandin [6] 32:13
109:23
fault [41 95:7 103:2] filing [11] 61:21 follows [1] 52:16 fronts [1] 33:6 34:6 34:18
103:23 104:6 62:5 62:12 63:11 Fontainebleau [I] 77:14 34:24 56:2
favof[4] 49:16 50:4 63:]6 63:23 84:15 120:20 full [3] 3:3 71:16 grant [10] 8:14
144:12 161:7 87:6 100:22 104:3 foot [7] 129:4 13:23 15: II 16:15
28:23 70:14
favorably [2] 36:12 136: 10 70:17 95:19 128:18 Fullerton [31] 9:21 16:20 23:11 23:14
157:15 fill [2] 98:17 143:20 129:18 133:15 10:2 10:5 10:8 24:8 34:12 35:23
feature [3] filling [3] 123:5 footage [6] 11:13 11:15 11 :19 granted [71 6:21
68:2 12:23
141:13 152:25 12:4 12:10 12:21 16:21 17:2 17:13
68:23 77:11 12:24 104:23 115:19 13:20 14:5 14:22 32:8 32:20 44:25
features [1] 12:6 filming [1] 98:9 138:4 138:7 18:17 18:21 18:24 granting [1]
February [2] final [4] 34:2 48:7 football [1] 15:18 19:5 19:17 19:20 46:4
55:24
60:24 65:4 157:16 footprint [3] 76:20 22:20 23:]3 23:17 grave [1] 98:24
fee [2] 5:13 90:11 finally [3] 9:11 76:21 143:6 23:21 24:10 32:9 great [9] 60:8 67:4
feeling [4] 61:4 62:11 force [I] 60: 11 33:15 34:20 45:11 69:19 95:8 95:11
94:19 45:14 45:25 46:11 105:18 106:18 145:16
114:3 121 :23 155:2 financially [1] 162: 15 foregoing [1] 162:10 fully [1] 58:8 151 :21
feelings [2] 131:19 fine [6] 6:10 27:5 foreseen [I] 136:12
113:21 119:18 120:3 functioning [1] 126:21 greater [4] 11:9
133:19 forever [I] 41:5 38:16 109:25 117:23
156:22 fundamental [1] 113: 17
feels [4] 3:8 17:15 finest [2] forget [1] 22:21 future [2] greatest [1] 134:3
44:9 133:21 132:15 94:23
feet [281 137:14 forgotten [1] 66:4 119:18 greatly [1] 38:25
12:25 13:2 finish [5] form [4] 47:12 47:13 green [3] 81:7 83:7
21:21 21:22 28:22 83:19 game [1] 125:23
38:16 53:13 73:24 83:23 83:23 84:4 76:14 146:11 garage [1] 70:5 96:10
73:24 77:13 82:16 118:14 formal [1] 32:3 gateway [4] 68:20 Greenberg [1] 55:23
86:14 86:19 86:19 finished [4] 13:16 formally [1] 85:5 80:13 80:13 82:9 grew [1] 76:24
100:9 100:9 102:10 13:25 14:2 111:17 format [1] 105:7 gauge [1] 45:12 grid[I01 67:10 67:11
128:18 128: 19 129:10 finishes [1] 83:2 Formerly [1] 141:21 general [6] 67:16 67:17 67:18
129:11 136: 17 138:2 finishing [1] 111:15 83:20 83:20 83:21
140:15 140:15 140:16 60:9 formulate [1] 43:16 113:17 119:7 126:3
83:22 126:16
141:17 142:3 firm [5] 8:25 9:21 Fort [1] 130:17 135:5 153:17 Gross [1801
felt [23] 14:15 18:16 56:5 56:14 forth [2] 16:18 109:8 generally [1] 73:13 2:13
14:16 4:6 6:4 6:10
14:17 20:2 20:3 firms [3] 56:24 132: 11 forthright [1] 157:11 geneSIS [4] 20:16 8:2 13:9 13:12
20:3 20:9 21: 14 132:16 forthwith [I] 20:22 66:24 79:14 14:6 15:8 17:4
34:18 35:9 35:11 first [23] 2:14 4:11 87:9 gentleman [2]
forward [11] 36:10 18:5 18:11 19:14
62:9 72:18 80:17 4:24 32:15 34:7 24:20 97:7 21:2 22:10 23:7
80:21 89:17 113:21 38:11 50:24 64:10 27:12 28:16 30:6 geometries [1] 23:19 25:6 25: 10
115:8 46:21 92:12 101:16 123:17
128:3 141:11 64:12 79:4 79:7 25:15 25:21 26:12
141:24 149:4 160:24 79:15 84:10 87:14 108:21 109:5 151 :13 germane [2] 12:15 27:5 29:12 30:11
few [51 27:16 74:7 87:23 88:3 89:21 151:17 29:17 31: 19 33:2 34:3
96:22 113:16 125:2 93:11 108:13 109:22 founded [I] 43:9 given [6]35:19 81:14 34:11 34:15 35:8
field [2] 15:18 145:14 111:19 112:3 136:25 four [221 4:9 4:9 132:20 133:18 134:18 36:22 37:14 40:20
fifteen [2] fish [1] 124:13 4:23 9:8 9:9 136:2 41:6 41:14 42:9
80:6
126:14 fit [2] 68:3 96:23 30:20 34:14 34:15 gIVIng [4] 55:8 42:13 43:12 43:15
fifty [3] FIU [1] 111:23 35:22 53:13 56:20 122:9 137:19 139:7 44:2 44:5 44:15
56:17 140: 15 63:21 63:25 66:24 glad [2J 34:3 34:24 44:19 45:18 46:7
140: 16 five [3] 80:5 99:18 73:2 78:24 99:15 47:19 47:22 48:10
fight [1] 40:7 133:15 127:23 130:11 133:14 glass [8] 81:7 81:7 48:16 48:20 48:25
83:2 83:6 83:7
fighting [1] 97:18 flavor [1] 121:16 133:17 153:7 84:2 124:22 137:2 49:6 49:10 49:14
WORLDWIDE REPORTING
Index Page 7
HEARXNG:OCEANPARCELS
CondenscIt 1M
GROSSMAN - issue
(
49:19 50:3 50:6 handled (2) 92:9 highrise (7) )2:2) 72:5 54:24
50:22 57:13 60:9 109:18 122:25 125:5 125:10 unage (3) 94:25 informed (2) 19:8
60:20 61:12 63:17 handles [1) 13:5 134:24 134:25 143:13 96:24 )23:20 24:6
64:3 64:6 64:14 haphazard [1] 114:22 highrises [3] 120: 11 imaginations [1] infrastructure [1]
64:20 64:25 65:10 happening [1] 125:9 125:23 96:19 98:13
65:19 65:25 66:8 144:7
66:16 67:2) 69:16 hard [4] 22:14 79:3 himself [1] 26:14 unagme [3] 56:22 ingredient [1] 140:22
74:5 74:21 75:2 83:9 146:16 hinge [1]8:14 103: 1 0 147:18 ingredients [1] 137:7
79:12 81:12 82:3 harmony [I] 120:22 hired[1] 132:10 immediate [1) )9:3 initial [2] 125:)0
82:14 83:3 84:5 harping [1) 113:23 historic [4] 1:20 immediately [2) 3:2 152:16
84:7 85:9 86:17 harsh [I] 153:13 97:11 98:4 105:17 6:22 injunctive [I) 20:20
86:20 87:25 88:6
88:11 88:15 89:4 headquartered [2) historical [1) 31:5 impact [7) 3:)2 innovation [1) 22:4
90:23 91:9 91:11 5:10 53:8 history [6] 3:3 7:7 114:16 116:]6 input [2] 18: 15 44:3
92:10 92:20 92:24 hear [20] 2: 11 6:23 51:9 52:10 116:19 116:23 145:4 insists [1]
4:24 104:22
94:13 94:14 96:25 13:15 14:21 16:9 111:25 154:25 impacted [1] 85:22 insofar [1]
97:5 99:11 99:23 20:19 21:5 2]:8 hit [1] 75:22 important [7] 5:22 123:20
100:4 100:13 100:19 24:9 33:9 33:18 hits [I] 112:3 31: 11 68:3 73:8 instances [I] 104:17
100:23 101:5 101:25 39:17 53:25 59:25 hog [I] 117:8 74:10 121:15 140:21 instead [3] 66:17
102:8 102:21 103:10 88:6 88:7 134:9 importantly [1] 115:23 70:23 130:16
103:]7 107:5 107:11 134:12 134:15 135:8 Hold [I] 63: 17 importing [I] integration [4] 114:12
107:15 107:20 108:14 holders [4] 89:24 130:16
heard [17] 3:2 1]6:12 125:21 130:15
108:23 109:11 110:7 89:25 90:11 90:21 Impose [1] 65:3
110:20 113:25 115:2 6:22 9:12 10:7 home [1] 98:6 imposed [1] 85:17 intensive [I] 19:2
17:18 20:8 63:14 intent [2]
115:14 116:9 117:11 87:24 98:15 131:25 Hong [1] 54:14 impossible [4] 15:14 89:22
118:5 118:12 120:6 90:16
134:16 136:25 137:3 hope [2] 40:16 119:18 98:23 132:20 133:20 intentioned [1]
122:6 122:20 123:3 138: 15 139:12 139:19 impressed [1] 30:21 135:16
124:23 125:3 127:17 156:2 hopefully [4] 59:5 . . intentions [1] 131:22
130:21 134:8 137:9 131 :21 137:19 144: 17 unpressIon [1] 30:20 interest [5]
138:16 ] 38:25 139: 12 hearing [14] 11: 17 horizontal [2] 114:22 inadequate [2] 97:15 89:23
140:4 140:7 142:12 16:4 19:12 25:3 97:19 90:3 90:7 90:22
144:15
142: 15 142:18 142:21 34:9 37:13 61:5 inappropriate [7] 132:17
143:2 144: 11 145:7 61:7 87:14 87:18 Horn [4] 54:16 55:10 interested [1] 162: 15
55:13 55:18 35:10 98:2 104:19
147:18 148:6 148:10 87:25 88:3 154:10 105:13 105:20 106:24 interesting [7] 88:22
148:15 148:20 148:24 161:17 hospitality [I] 53:11 110:5 105:8 109:15 109:16
150:21 153:16 154:13 hearings [2] 137: II hotel [27] 2:22 incidentally [1] 138:8 120:14 120:19 123:16
155:3 155:9 155: 19 137:13 6:17 9:4 18:24 interests [7] 59:9
156:6 156:13 156:17 heavily [I] 83:12 51:6 52:7 54:7 include [4] 55:5 62:11 107:10 107: 17
157: 19 158:5 159:4 height [25] 59:16 68:17 69:4 55:8 56:18 57:20 107:23 131:9 131:20
12:18
159:11 159:14 160:2 12:23 42:10 42:12 69:15 71:7 71:8 inclusive [IJ 162:10 interfaces [2] 129:2
160:12 160:21 161 :2 54:5 64:23 64:25 71:21 71:24 73:12 inconsistencies [4] 129:4
161:6 161:16 65:3 65:8 86:13 74:15 74:16 75:19 3:22 7:17 51:17 interim [11
GROSSMAN [1] 75:22 76:3 78:17 52:17 55:16
86:18 92:16 100:8 78:23 82:9 93:24 international [11
1 :15 100:17 101:6 102: 10 incorporate [1] 108:6
123:13 152:23 98:7
ground [4] 79:5 132:6 133:8 133:22 Hotels [1] incorporated [1] interpret [11 121:15
96:23 98:23 123:21 ]34:2 134: 10 140:14 56:21 59:24
grounds [11] 32:14 141:9 142:2 158:2 houses [3] 95:13 incorporations [1] interpretation [9]
40:17 42:18 43:17 heights [1] 85:23 95:15 124:22 61:9 85:7 85:13 85:17
44:10 44:13 44:19 held [1] 97:22 housing [2] 105:2 incorrect [1] 85:24 86:11 92:14
44:20 45:4 46:22 106:18 98:15 92:18 93:3 126:21
47:17 Helmet [1] 121:]9 Howard [2] mcrease [2] 98:12 interpreted [2] 92:23
27:14
Group [1] 5:]8 Helmut [20] 4:11 153:25 98:15 92:25
4:17 4:25 11:11 increased [1] 1 ]7:2] introduce [8]
GRUB [12] 1:23 16:5 23:13 23:16 huge [2] 104:18 124:10 5:2
34:14 44:3 44:6 36:15 36:18 37:23 human [1] 31:15 incredible [2] 30:5 42:10 45:10 50:16
44:17 44:20 45:20 39:15 42:2 60:14 humanism [1] 133:3 54:25 56:8 57:4
46:14 46:19 47:3 31:12 indicated [2] 51:10 94:14
104:14 106:21 127:18
47:9 47:21 136:5 151:20 155:18 hurdle [1] 10:]5 52:]3 InvaSIOn [2] 112:9
guess [8] 25: 13 33:9 156:3 hurricane [1] 110:15 indicates [1] 33:21 112:9
48:19 49:24 63:4 help [5] 43:15 46:7 idea [8] 16:6 16:11 indication [I] 139:8 involved [2] 27:20
133:17 136:19 136:20 60:17 77:17 83:25 74:6 81:14 119:20 indigenous [I] 121:16 147:13
guests [1] 59:16 helps [1] 82:5 141:20 148:6 158:6 involvement [3] 147:11
individual [I] 98:24
guide [1] 150:7 hereby[l] 162:6 identical [4] 60:23 individually [3] 37:5 147:1] 147:12
61 :3 61:8 80:18 involves [3]
guys [I] 124:18 herein [1] 162:9 107:17 107:23 9:5
habitable [11 109:22 hesitated [1] identified [II 81:5 individuals [II 54:4 102:11
19:14 identify [2] 54:14 Ipanema [I]
Halampka [I] 56:12 hierarchically [1] 79:16 indulgence [1] 99:3
79:22 5:24 island [I] 98:16
half [4] 5:12 21:22 130:7 identity [lJ 81:3 industries [1] 124:11
67:4 97:20 high [2] 125:21 133:15 inexpensive [I] 155:12 Issue [24] 12:18
Hancock [1] 56:19 ill [I] 98:4 13:14 21:17 22:2
higher [4] 140:11 illustrate [2] 77:3 information [8] 3:15 27:21 29:15 33:17
hand [2] 114:19 162:17 140: 13 141:21 142:6 81:17 3:17 7:10 8:16 33: 18 34:7 35:8
handle [1] 33:14 highly [1] 80:8 illustrates [2] 72:4 45:6 47:14 47:15 39:20 58:19 62:3
WORLDWIDE REPORTING
Index Page 8
HEARING-OCEANPARCELS
CondenseIt 1M
issued - massing
(
-
, 73:8 86:21 89:5 joining [2] 89:9 133:21 limiting [I] 122:25 loss [1] 133:12
89:18 91:19 101:5 144:12 lawsuit [4] 20:]4 limits [2] 42:10 lost [I] 112:11
135: 13 139:12 139: 14 Joseph [I] 54:15 20:16 20:17 103:24 42:12 love [I] 131:9
139:18 140:6 judgment [I] 20:21 lawyers [I] 44:16 line [22] 15:20 15:22 low [4] 68:17 104:24
issued [5] 38:6 July [15] 8:23 55:25 lay [I] 13:20 15:24 68:4 77:15 104:25 143: 16
45:2 46:16 61:6 77:]6 128:18 131:23 lower [19] 42:7
61:2 62:15 63:19 lead [2] 57:5 57:23 139:23 140:5 140:9
65:15 64:18 64:19 64:23 71:10 117:23 118:3
leading [1] 53:10 140:10 140:18 142:24
issues [19] 3:9 84:22 87:11 136:12 118:9 118:9 120:19
3:11 7:5 7:7 149:22 159:8 League [I] 109:13 143:25 145:23 145:24 121:2 121:5 122:3
149:19 146:6 146:10 152:2
12:16 20:9 20:15 159:13 learned [1] Ill: 11 123:7 126:2 126:23
22:8 27:20 57:22 least [8] 25:24 38:18 157:3 157:7 139:20 141:21 143:15
June [31 42:5 87:21
66:22 74:9 92:7 39:13 115: 11 126:20 linear [I] 68:17 144:6 144:25 158:3
162:18
101:7 113 :22 130:8 jurisdiction [2] 13I:17 130:11 152:5 160:5 lined [I] 68:9 lowered [2] 71:22
]35:]3 137:19 158:22 135:15 leave [2) 44:) 5 )36:18 lines (3) 73:16 77:21 71:25
Italian [I) Ill: 13 justice [2) 93:12 leaves [IJ 87:17 142:23 lowering [IJ 144:6
Italy [IJ 99:14 125:15 legal [18) 10:15 lining [I] 81:24 lowers [IJ 100:7
item [I OJ 8:13 38:2 justification [I] 20:11 13:22 15:14 20:10 link [I) 80:9 lowest [IJ 75:19
46:9 58:13 58:]5 justify [3] 15:23 22:8 24:] 1 24:16 linkage [I] 114:25 Lozqueado [2] 99:13
58:17 58:18 59:19 26:17 27:20 29:22
41:3 45: 13 linking [I] 70: 13 99:13
59:20 162:11 30:9 62:3 63:2
items [12] 4:9 jutting [1] 146:11 84:12 86:25 89:4 list [I] 55:5 luxury [I) 53:14
8:19 29:24 55:2 keep [7] 2:13 16:]4 90:3 135:25 listed [2J 48:6 lying [lJ 106:3
55:4 55:7 56:3 22:14 ]04:5 ]2]:14 legalistic [I] 37:]5 55:4 Lynnette [I) 110:10
56:6 59:11 59:23 136:23 148:9 legally [6J 21:14 literally [1J 125:12 magenta [I] 75:8
60:6 151:25 keeping [2] 81:3 90:12 91:20 91:22 live [14] 23:25 37:17 magnitude [I] 150:3
itself [8J 22:21 37:7 132:16 132:21 133:20 38:2 79:23 94:20 main [4] 12:11 35:8
67:8 78:5 83:21 kept [1) 62:11 legislative [2] 89:22 94:24 95:4 95:22 101:5 126:11
91:22 116:21 144:18 Kimley [4] 54:16 90:16 96:16 99:25 124:7 maintain [4J
18:17
J[I) 32:16 55:10 55:13 55:18 124:19 124:21 13 1:1 5
length [2] 73:22 114:19 132:24 160: 10
Jahn[4IJ4:12 4:17 kind [14J 15:9 15:25 129:10 living [3] 22:15
72:21
4:25 8:25 9:22 91:3 114:22 117:7 lengthy [4] 105:25 106:16 major [4]
51:9 114:15 116:6 154:20
] 1: 11 13:21 14:14 120:20 121:3 124:20 51:13 52:14 108:4 LLC [lJ 54:15 majority [I]
16:5 18:18 18:20 143:15 143:17 143:19 loading [2] 74:]5 29:6
18:22 19:13 20:25 147:14 153:8 156:3 less [6] 21:23 111:12 makes [2J 106:2
74:16
21:6 21:20 22:16 kindeT(1) 121:24 122:3 122:4 142:5
154:24 locate [2] 77:8
23:14 23:16 23:23 127:24
knowing [II 159:24 147:8 man [I] 111:5
24:9 32:10 34:20 lesser [I) 21:25 mandamus [lJ 20:21
35:9 36:18 37:10 known [2] 54:19 letter [l6J 16:18 located [8J 2:16
37:13 37:23 38:12 56:18 17:9 17:10 17: 11 6:13 52:2 56:17 mandate [2J 9:23
39:16 42:2 60:14 knows [4J 120:12 17:13 17:14 17:23 70:19 114:23 117:4 133:6
104:14 106:21 121:19 134:24 140:8 154:17 17:25 18:2 18:3 138:6 maneuvering [IJ
127:18 136:5 151:20 lack [lJ 40:17 18:6 23:9 42:16 location [3] 35:11 24:12
155: 13 155: 18 156:4 Lake [IJ 97:10 43:17 55:22 55:23 98:8 135:11 Manhattan [lJ 126:24
Jahn's [lJ 36:15 land [3] 96:12 98:17 letters [IJ 17:22 locations [I) 53:14 Manhattan's [I] 53:13
Janeiro [IJ 30:15 140:19 letting [I] 12:20 longer [5] 28: 13 manipulate [lJ 141:6
January [7] 2:24 landscape [5J 54:18 level [9) 74:20 75:19 37:24 73:22 94:22 manipulations [1]
6:19 9:12 9:23 58:19 73:21 74:3 75:21 106:16 118:3 104:2 123:16
24:24 25:3 28:5 75:22 118:9 118:9 123:21 look [12] 9:21 II :3 manner [2] 92:17
Jeff [I] 107:12 lane [2] 73:2 97:23 128:J7 25:18 40:12 83:9 106:19
Jeffrey [2] 37:3 levels [5] 116:2 104:24 106:9 109:16
lanes [2J 73:4 73:4 112:2 113:] 3 127:22 map [I] 67:22
107:9 117:24 128:13 128:15
large [11] 58:8 139:25 153:3 March [7] 19:7
Jerry [3J 37:4 107:17 104:19 20:24 53:21 54:9
71:4 80:24 LIBOVICl [1] looked [11 67:6
107:23 106:12 106:23 116:5 97:7 56:3 57:19 61:6
Jesus [IJ 147:5 120:25 128:5 129:8 lien [2] 89:24 90:21 looking (17) 42:16 mark [lJ 60:6
55:6 67:2 78:18
job [3J 95:8 119:24 141:16 life [2J 31:9 112:16 78:20 78:22 79:10 market [I] 122:23
131:20 larger[lJ 143:14 lifted [1 J 152:23 79:11 81:20 81:23 mass [7] 117:13 117:23
John [7J 56:19 61:17 last [12] 16:4 19:16 light [6] 27:19 83:9 103:7 105:24 106:22 120:4 130:14 ]34:19
62:7 89:16 89:20 21:4 24:3 25:3 83:13 94:6 94:8 106:23 106:24 116:22 144:15 147:23
107:7 107:20 36:8 66:2 71:19 95:25 145:5 massed [2] 135:22
Johnson [I] 54:20 87:11 97:17 99:9 liked [3] 94:21 141:20 looks [2] 82: 12 104:21 138:11
Uoin [I] 107:8 128:15 141:21 lop [I] 100:5 67:7
massmg [26]
joinder [8] 89:]7 lastly [2] 56:2 likewise [3] 18:22 Los[IJ 121:11 67:13 80:24 92:6
89:18 90:6 90:14 85:2 54:11 60:25 lose [5J 96:6 103:5 104:22 105:5
93:10
90:17 90:20 108:18 late (2) 103: 13 103:14 limit [I) 148:22 149:12 149:25 ]52:5 106:10 106: 11 106: 1 3
108:20 Lauderdale [I] 130:17 limitation [2] 65:9 loses [1) 150:22 106:23 106:24 114:4
joinders [IJ 89:22 law [5] 53:5 56:5 85:18 1)5:16 117:15 )17:20
joined [2] 108:9 108:10 109:8 losing [2] 94:25 134:4 134:17 134:21
37:3 limitations [2J 65:3 125:22 135:8 137:19 137:23
53:19 lawfully [21 132:14 131:16
\,
WORLDWIDE REPORTING
Index Page 9
HEARING: OCEAN PARCELS
CondenseIt 1M
maSSIve - none
137:24 144:6 147:23 156:20 misreading [I] 122:15 mostly [1] 147:22 needed [3] 13:19
153:8 meets [1] 29:21 mistaken [1] 16:7 motion [43] 25:3 58:7 61:20
maSSIve [5] 93:24 member [6] 1:15 mitigate [1) 77:18 25:10 25:11 29:21 needs [5] 35:22
104: 16 104: 18 110:4 1:16 1:16 1:17 mixed [21 133:19 34:12 35:16 43:13 117:22 133:23 134:15
117:3 1:17 131:16 139:9 43:14 43:16 43:23 135:22
master [6] 79:18 members [22] 1 :14 46:7 46:24 47:23 negate [1] 117:9
model [17] 50:15 48:2 48:4 48:17
89:8 91:4 108:17 1 :19 4:8 8:6 58:10 66:15 76:8 48:18 48:23 49:3 negative [2] 116:19
108:25 115:18 9:24 16:2 18:15 82:4 82:7 83:20 49:4 49:6 49:14 146:8
material [8] 7:12 24:23 27:9 27:13 86:16 100:7 100:8 49:16 49:18 49:21 neighborhood [8]
39:20 82:21 82:23 33:3 34:8 53:4 102:9 102:23 103:5 49:25 50:5 124:25 13:3 80:10 118: 16
83:18 150:25 156:15 107:6 110:21 110:25 103:9 112:3 113:14 130:22 138:19 148:7 118:25 119:4 126:4
156:25 130:12 130:23 130:25 128:14 148:10 148:12 148:14 126:6 134:22
materially [7] 23:11 134:11 138:20 156:23 models [31 118:18 153:20 153:22 153:24 neither [1] 46:22
23:23 24:4 24:7 memory [1) 69:9 119:12 153:10 159:4 160:13 160:20 nervous [1) 128:10
39:6 39:8 154:18 mentioned [7) 28:21 modern [1] 79:22 160:21 161:2 161:8 neutralizing [1] 96:12
materials [8] 79:19 29:25 33:2 34:18 modification [16] move (10) 44:12 neveq4]65:)4
82:24 95:5 107:2 53:17 59:12 140:23 50:6 68:20 69: 10 65: 15
10:9 10:13 10:14 65:16 120:8
111:18 119:25 147:21 merely [2) 39:10 10:17 10:21 11:23 69:13 81:13 83: 13
161: 11 40:12 13:21 14:3 15:21 94:6 94:8 95:25 nevertheless [2] 28: 10
matter [12] 6:22 merits [9] 21:10 19:13 22:6 22:6 movement [2) 72:23 80:7
11:20 )8:10 20:11 21:12 29:14 56:10 84:25 102:16 152:2 73:6 new (76J 3: 15 5:10
21:11 53:19 54:7 63:15 87:2 87:14 158: 13 moves [2) 67:12 8:15 9:18 9:25
107:2 108:9 108:10 87:16 88:3 modifications [5) 124:3 14:20 14:20 17:7
109:8 159: 16 Merrill [2] 4:20 9:17 15:5 15:23 22:11 22:23 22:24
movIng [1] 101:16 26:2 26:2 28:11
matters [4] 51: 11 66:7 18:19 154:6 MS [21] 16:12 24:21 28:17 28:19 30:2
52:12 110:14 110:14 messed [1] 125:9 modified [3] 9:22 25:8 30:13 34:14 30:3 30:4 33:5
max [1] 145:25 met [8] 30:8 30:10 15:6 73:21 44:3 44:6 44:17 33:10 33:11 33:24
maxImIze [1] 135:20 44:11 47:17 53:22 modifying [I] 13:13 44:20 45:20 46:14 35:18 37:21 38:20
maXImum [1] 42:7 59:23 84:18 10 1 :23 mold[1] 147:17 46:19 47:3 47:9 38:24 39:12 40:13
may [34] 1:5 3:2 metallic [1) 83:21 moment [3] 16:2 47:21 48:21 93:4 41:2 41:15 41:16
94:16 97:7 99:13 41:16 41:21 41:22
6:22 18:7 19:12 meteorites [1] 112:11 31:23 145:17 110:9 42:23 43:2 45:9
25:4 28:7 28:24 methods [1] 70:25 monetary [1] 155:5 45:12 45:19 45:19
29:17 35:12 35:13 mullion [1] 83:8
57:17 60:3 61:7 Miami [31] 1:2 monolithic [21 105:8 Murphy [2) 8:25 46:10 46:12 48:11
63:6 85:14 87:7 1:7 5:6 30:18 106:25 9:21 48:12 48:13 48:15
87:18 88:16 88:21 30:22 30:25 31:8 month [1) 160:3 48:15 51:20 52:21
must [3] 44:22 104: 12
90:22 104:4 105:9 31:16 35:14 37:2 month r S [2] 87:18 53:8 56:15 58:19
122:24 70:22 81:21 85:13
115:13 127:22 144:25 60:22 80:13 88:20 87:19
145:4 151 :6 151:7 94:19 94:21 95:10 months [3] name [10) 5:5 85:16 85:23 86:10
152:7 153:21 157:14 95:10 96:7 96:24 9:8 27:14 30:13 53:4 87:8 93:13 95:2
159:9 159:11 97:9 97:11 98:11 24:3 113:17 66:4 66:5 93:4 112:7 112:9 113:4
McArthur [1] 55:17 109:13 112: 10 121:9 Mooney [55) 1:21 99:24 110:9 153:25 116:21 117:2 118:2
122:16 125:8 125:10 2:6 2:14 6:11 named [1] 111:13 129:3 136:10 136:11
mean [27] 23:5 127:4 127:13 154:4 8:5 16:14 17:9 namely [1] 29:7 149:6 150:4 154: I j
25:18 95:11 96:17 microphone [1) 107:21 17:21 23:8 26:9 154:14 157:6
101:10 101:18 104:23 32:12 41:25 42:11 narrow [3] 97:22 newly [6) 32: 18
105:9 105: 13 112:10 mid-rise [1] 143:16 48:14 49:8 49:1 I 98:16 129:19
42:19 42:22 44:23
112:18 123:3 140:12 middle [1] 66:14 49:21 50:24 53: 17 Nathan [1] 54:14 45:25 46:2
142:14 142: 15 142:15 might [5] 105:3 64:10 64:17 64:22 national [1] 98:6 next [12] 6: I I 9:8
143:16 144:20 147:23 106:4 139:6 143:3 65:13 65:22 87:22
148:25 153:2 153:13 155:16 88:2 88:7 88:13 natural [3] 31:16 29:16 36:25 87: 18
96:7 132:23 96:11 99:12 149:18
155:21 158:7 158:8 Miller [2] 54:19 88:16 92:13 92:22 154:9 155: 16 155:23
159:1 I 159:12 nature [2] 8:9
74:4 100:24 101:9 113:8 161:10
meanIng [3] 10:23 114:7 115:4 115:21 77:4
84:20 85:21 million [4] 21:22 129:13 148:16 148:25 near [1] 71 :12 DIce [1] 35:12
28:22 28:23 53:13 149:14 149:19 150:5 nearly [1] Nicholas [1] 120:8
means [4] 28:2 129:14
46:20 139:13 141:7 million-seven [1] 150:15 151:2 151:5 necessarily [1] 36:5 Nick [3] 16:7 I I 1:5
21:24 157:2 158:25 159:6 122:7
meet [9] 21:15 63:2 mind [9] 6:4 16:14 159:9 159:12 159:16 necessary [11] 34:12
87:19 91:15 101:21 34:21 57:11 160:14 160:17 161:5 34:15 35:20 65:24 Nicolas [1) 120:1 i
132: 13 133:23 150:7 31:22 night [1] 97: 18
63:18 131:4 131:7 Moore [21 54:21 65:25 98:19 101:23
152:2 136:23 55:11 108:12 108:20 149:5 Nobody[l] 134:23
meeting [18] 2:25 minds [2] 25:19 150:2 nominated [1] 99:16
6:20 17:19 17:19 mornIng [1] 156:7 need [21] 18:12 22:2
17:20 19:16 21:4 41:12 mortgage [2) 89:25 26:7 33:6 34:6 nominations [1) 99:16
24:24 26:10 27:19 minimized [2] 116:19 90:22 43:18 49:22 59:17 non-lawyer [1] 37:16
30:6 42:5 64:7 116:23 most [12] 13:5 63:14 91:7 118:7 non-substantial [1]
64:15 97:17 119:19 Minolo [1] 112:6 56:24 57:2 70:10 119:9 123:10 133:10 102:16
159:13 161:4 minute [1] 84:12 88:4 94:20 97:11 139:8 153:18 157:6 non-wilderness [1]
meetings [5] 71:19 minutes [2] 57:10 99:2 99:4 105:4 157:7 157:13 157:21 99:4
89:7 102:25 102:25 125:2 126:15 132:10 160:17 none [1] 118:18
(
........."'--". __...........................Y""'l .......~....,.....~~Tr"
Tnr1,.,y P"CTP In
HEARLNG:OCEANPARCELS
CondenseIt 1M
nor - pedestrian
(
nor [4] 134: 12 162:13 objective [I] 20:17 50:16 50:19 53:9 ordinance [17] 3:21 pants [I) 119:9
162:14 162:15 obligation [11 132:2 54:7 56:23 59:11 3:24 7:16 7:19 paradise [I) 30:23
normally [I] 147:15 obliteration [11 94:4 60:20 60:24 61:3 29:7 29:23 42:6 Paragraph [4) 58:2
63:5 64:10 65:6 44:7 44:10 48:7
north [16] 59:14 obsessed [1] 120:24 66:12 67:8 67:11 65:5 90:14 90:20 58:21 58:23 59:10
59:15 68:5 68:7 obstruction [11 143:8 67:12 69:9 72:6 92:23 100:25 109:3 parallel (1) 114:23
71:2 71:8 72:25
73:7 74:24 75:16 obvious [1] 59:18 74:19 75:21 77:)0 )34:)4 parameters [2] 10:20
78:18 79:10 83:25 obviously [7] 8:8 79:2 79:15 80:9 ordinances [1J 136:16 11:15
80:15 82:8 84:18 parcel [19]
103:3 142:6 142:21 16:22 25:17 91:17 87:15 87:23 88:7 orgy (1) 124:17 2:2
north/south [2] 101:16 134:3 136:18 orient [II 4:10 10:24 10:25
67:16 89:4 89:8 91:13 74:21 31:3 50:7 51:3
67:17 occupied [1] 97:20 92:14 93:6 93:16 oriented [2) 74:17 54:18 59:8 85:18
northeast [1] 53:11 occur [3172: 18 118:3 93:21 94:2 95:16 74:18 85:21 90:4 90:12
northeast/southwest 143:14 95:19 96:4 99:25 original [9] 11:4 119:8 120:2 136:13
[1] 67:18 occurred [I] 116:21 100:14 100:15 100:16 33:23 34:9 37: 12 138:8 138:10 138:12
northern [2] 95:2 2:3 100:18 100:20 101:3 47:2 60:14 60:18 parcels [4] 2:4
ocean [41] 102:4 102:8 102:10 71:20 102:14
117:20 2:15 2:17 4:10 2:15 6:12 52:2
4:13 4:16 6:12 102: 10 102:13 102:21 originally [5] 8:23
Notary [1] 162:23 102:22 104:17 104:23 parenthetically [I]
note [2] 18:20 60:5 6:14 31 :3 37:18 105:13 105:22 108:16 10:10 10:22 11:8 32:7
50:7 50:25 51:2 62:22
noted [2] 51 :18 52:18 51:2 52:3 54:17 110:12 113:3 114:15 park [34] 70:21 73:7
118:6 118:14 119:7 ongIns [I] 133:16 74:24 74:24 74:25
notes [I] 161:14 59:8 68:4 81:23 120:8 123:3 123:4 Oscar [1] 99:16 75:12 75:13 78:8
nothing [3] 91:14 99:25 103:11
19:18 125:6 125:15 125:17 ostensibly [I] 22:24 78:19 91:14 93:19
30:4 159:20 109: 18 115:23 116:22 127:17 128:2 128:17 93:21 94:2 94:4
noticed [2] 93:17 117:8 118:21 119:8 130:23 131 :3 135:3 otherwise [1] 59:3 94:10 94:11 105:2
93:20 126:25 127:9 127:14 137:14 138:19 138:20 ought [4] 5:14 105:4 106:19 109:19
notwithstanding [I] 127:20 130:6 133:3 139:10 143:8 143:19 8:14 149:23 155:25 109:20 109:23 114:18
135:14 138:12 140:23
21:3 142:24 144:18 146:19 143:21 144:2 144:5 ours [2] 115:22 116:7 115:25 116:4 126:12
now [51] 5:12 8:2 146:22 144:14 145:3 145:5 outer [1] 112:12 126:15 126:23 127:2
145:15 146:4 146:]9 127:12 127:21 129:20
16:3 17:12 22:21 October [8] 55:22 146:25 148:17 149:2 outset [1] 5:20 130:7 144:19
27:23 28:4 28:9 55:23 63:22 63:23 149:18 151:25 152:15 outside [2] 102:6
parking [12] 51:7
28:15 28:22 28:24 63:25 65:6 84:19 153:2 155:18 156:7 107:13
31:2 38:9 38:13 84:20 157:6 158:3 overall [15] 52:8 70:5 70:10
38:16 38:20 38:25 156:10 3:13 74:19 75:10 75:17
39:22 39:25 42:4 off [19] 56:11 66:24 160:10 161:9 7:9 13:2 29:10 98:19 128:7 128:8
42:25 49:19 50:6 69:24 69:25 71:11 ones [2] 101:12 156:14 67:2 73:14 89:21 128:11 128:13
69:19 74:20 75:5 71:14 72:14 72:16 ongoIng [1] 154:9 92:4 113:18 114:2 part [29] 4:5 5:18
77:14 80:14 80:15 114:5 114:8 116:7
75:24 76:4 77:3 86:20 100:6 115:9 onto [4] 40:15 103:11 137:25 138: 10 7:25 10:23 16:12
78:10 78:20 82:17 125:18 141:14 142:10 142:11 152:19 overlooked [3] 44:15 51:25 52:25
83:20 85:10 90:9 32:20 55:3 56:5 58:16
98:18 102:20 104: 16 143:21 149:22 open (10)4:13 4:16 46:15 47:4 58:22 71:7 79:17
110:2 111 :23 115:25 offeT[2] 12:7 96:8 4:25 6:5 8:3 overvIew [1] 4:8 85:21 90:25 99:17
118:22 119:16 128: 12 offering [3] 11:25 68:6 68:10 77:12 overwhelming [1] 105:16 108:13 114:2
79:6 99:9
141:2 141:16 141:19 126:8 143:11 openly [I) 105:12 114:8 115:18 116:12
146:8 150:11 152:19 offers [I] 30:25 59:2 overwhelmingly [I ] 118:16 121:13 124:9
155:7 office (3) 53:10 opens [I] 79:8 138:12 124:14 127:13 160:12
null [I] 159:19 62:18 76:9 operating [I] 28:3 126:7 158:20 partial [1] 58:9
owe [2]
number [40] 2:15 offices [3] 5:5 OpInIOn [12] 24:7 Owings [2] 4:20 particular [11] 35:11
6:12 7:25 12:2 53:5 56:14 27:7 27:24 32:4 66:7 60:12 81:17 92:16
12:3 12:9 29:9 official [3] 26:23 38:7 38:9 40:5 111:16 134:10 134:17
29:9 43:18 48:23 89:12 99:22 109:4 own [6] 36: 16 41:12 135:3 135:10 141:5
48:24 50:2 50:25 31 :22 162:17 113:2 125:25 47:20 90:10 90:17 145:17
52:25 53:18 54:2 officials [1] 31: 14 OpInIOnS [2] 89:14 91 :4 particularly [1] 131:5
56:20 57:3 58:13 offset [II 128:6 131:7 owned [I] 90:13 parties [3] 26: 17
58:15 58:17 58:18 often [I] 10:17 opportunity [13] 25:5 owner [3] 30: 14 162:14 162: 15
59:10 59:19 59:20 old [4] 22:20 22:25 106:13 106:14 106:15 93:5 14725
60:23 60:24 61 :4 partner [3] 37:3
63:21 64:11 64:12 40:14 41: 19 106:17 136:2 136: 10 owners [10] 5: 13 66:6 107:8
64:22 84:22 110:12 once [8J 4:20 25:22 137:17 137:20 148:5 5:19 27: 15 29:5 parts [2] 81:5 81:6
131:3 139:10 143:13 36:3 54:8 73:3 ]54:22 155:17 156:21 29:7 89:9 89:23
143: 14 160:18 160:19 79:22 88:6 156:9 opposed [4] 49:17 90:6 90:21 98:6 party [I] 124:17
numbered [2] 58:2 one [139] 2:14 4:11 50:4 105:2 161 :7 p.ffi[2] 1:6 161:18 path [4) 62:8 62:8
162:10 4:14 4:24 7:3 opposite [I] 77:9 Pacific [2] 68:19 62:20 128:5
numbers [4] 10:24 12:7 17:12 opted [I) 156:4 80:14 pathetic [1) 130:18
1: 11 17:22 18:3 21:23 packages [1] 82:25
55:19 61:3 65:15 options [1] 138:18 119:19 pavIng [I]
21:25 22:19 26:2 page [3] 18:3 57:24 pedestal [2] 128:7
numerous [I] 29:24 27:20 29:9 29:17 orange [I) 69:22
85:9 128:11
0' clock [2J 96:2 34:16 36:8 36:9 Order[llJ 25:4
156:7 40:15 42:17 42:20 26:3 35:23 38:23 pages [IJ 162:10 pedestals [I] 98:22
object [1] 127:15 43:19 44:23 46:9 48:8 64:16 64:23 paint [I) 93:12 pedestrian [18J 19:3
objection [IJ 36:11 46:13 46:20 46:21 71:25 86:21 128:7 pale [I] 83:8 58:7 70:14 72:4
46:25 49:12 49:13 128:11 72:20 72:21. 72:23
.......,."'r.,T ~"""'TTT"'-.....-:' n~nAn""nTr'"
lnr1P'Y P:HTP' 11
(
(
HEARTiNG:OCEANPARCELS
CondenscIt 1M
pedestrians - project
73:5 77:7 92:6 pitch[l) 138:17 70:15 70:19 70:20 preceding [11 113:16 pride [1] 147:6
114:17 114:24 114:25 place [8] 11 :24 21:7 70:21 72:10 72:14 precisely [1] 131:8 primarily [3] 66:11
128:5 129:7 132:24 39:16 58:11 85:5 72:16 72:24 73:2 precondition [1) 89:24 133:9
133:24 134:6 95:3 126:23 162:9 73:19 73:25 73:25 108;21 pnmary [4] 77;2
pedestrians [1] 68:20 placed [4] 5;23 74:2 74:4 74;9 predicate [2] 83:6 83:7 152:14
74:13 75:7 75:15 13:20
peel [1] ]42:10 65:16 111:20 111:22 75:16 76:15 77:5 13:24 primitive [1] )27:11
Penrods [2] 94:5 placement [1] 116:24 77:20 77:23 78;8 predominant [I] 83; 17 privatization [2]
118:20 plan [74] 3:16 7;11 79:18 81 :19 81:22 prefer [2J 26;13 94:2 127:3
people [18] 17:5 8:16 8;21 10:12 85:20 86;9 86;22 134:2 privatizes [1] 93;19
25:25 31:3 31:12 11:5 11:7 11;9 88:18 89:10 90;15 preferable [1] 57: 15 privatizing [2] 127;5
35:21 38:21 93;7 11:14 12:4 13:13 93:6 93:19 93:20 preliminary [2] 129:8
94:18 94:20 94:24 13:19 13:20 13:22 94:2 97:2 97;16 33;21
95:22 96:6 96:15 14:20 14:20 14:22 99:15 104:13 105:3 33:25 privileged [I] 144:2]
96:18 105:21 122:4 14:24 15:2 ]5:4 109:19 109:20 109:20 premier [I] 53:]4 problem [11] 15:8
124;7 147:]3 16:17 18:25 19:11 109:23 110:23 ] 12:4 prelDlsc [I] 131: II 15:12 22;12 33;2
per [2] 90:8 ]57:18 19:17 21:6 22:4 114:11 114:13 114:18 prepared [7] 8;24 45:13 89:3 121:13
22:24 22:25 23:13 ] 14:20 115:24 116:]7 10:9 23:22 42:24 146:10 150:21 151: 1]
percent [7] 50:17 23:16 23;17 23:2] 117:]2 1]8:]7 124:8 ]54:16
54:16 54:21 57:19
59:22 60:2 113:6 23:23 25:19 31 :15 126:24 127:20 129:19 problems [1] ] 2] :20
113:10 138:4 138;6 32:10 33:16 33:]9 )35:12 138:6 138:18 prerogative [1] 13:22 procedural [5]
performed [2J 55:13 34:20 37:10 37:13 139:23 141:3 141:12 presence [I] 77:]8 3:1 ]
7:6 8:9 25:7
55:18 37:21 37:23 37:24 141:]4 141:25 144:2 present [13] 1:14 36:9
perhaps [121 40:8 37:25 38:20 38:24 144:17 145:8 145:]5 ]:19 1:22 16:22 procedurally [1]
63:5 85:15 99:2 38:25 39:2 39:12 150:5 157:9 18:8 23:15 32:8
106:3 132: 11 134:5 39:16 40:9 42:23 pointed [3) 108:14 35:24 45:11 50:11 27:9
137:4 137:17 139:20 43:2 45:11 45:19 108:23 114:13 100:3 112:16 154:7 procedure [1] 8:19
140:25 148:24 46:12 48:13 55:16 points [5] 46:18 presentation [22) proceed [6] 4:7
perimeter [3] 123:9 58:19 60:12 64:8 72:6 72:20 72:22 5:21 11:19 21:12 6:3 60:4 91:7
123:22 139:21 66:19 66:21 66:25 81:18 45:15 48:3 50:14 103:18 104:8
period [1] 62:23 69:11 72:3 73:19 Pollack [I] 54:]5 50:19 53:25 56:10 proceeding [1] 30:7
74:3 79:18 91:4
permanent [4] 4:5 100:5 116:18 144:8 polluting [I] 124:11 57:5 57:9 58:16 proceedings [2] ]:10
7:25 51:24 52:25 58:22 59:5 60:5 162:8
planned [I] 126:13 pool [3] 59:14 59:15 84:8 88:9 88:]0
permissible [I] 85:23 Planner [1] 1:21 123:14 88:14 111:7 111:9 process [6] 18:20
personal [1] 131 :19 portion [3] 72:1 ] 161:12 33:20 62:13 130:8
planning [10] 31:25 132:25 136:20
perspective [4] 31:5 35:3 42:4 65:2 72:12 1]4:5 presentations [II professional [3] 108:7
77:23 10 1 :20 133:6 65:8 65:12 98:3 portions [I] 58;7 50:18 109:4 109:9
perspectives [1] 142:5 99:7 113:18 155:6 Portofino [4OJ 5:18 presented [17] 3:]7 130:10
pertaining [2] 10:25 plans [37] 8:24 11:3 11:5 11:7 7:12 11 :12 15:2 program [6]
135:17 143:10 143:]2
51:11 9:17 9:22 9:25 37:5 38:22 59:7 33:8 33: II 33:12 147:24 153:7
pertinent [5] 3:5 10:3 10:8 10:9 61:19 68:12 69:7 44:11 45:6 46:11
11: 11 11:15 11:19 79:18 81:21 82:11 47:15 48:12 55:15 progress [2] 64:4
6:25 51: 11 52:12
16:22 16:24 17:2 85:20 86:2 86:5 56:4 57:23 58;20 104:4
74:9
Peter [13] 17:6 18:21 18:22 86:6 89:10 89:15 154:12 project [96] 3:3
1: 17 19:5 19:13 20:24 90:10 92:25 97:16 presenters [1] 110:11 3:5 3:]4 3:18
35:24 41:9 47:22 22:19 33:21 33:23 97:20 100:10 10]:6 3:25 4:25 6:24
49:22 122:8 151:2 48:15 50:16 60:15 107:18 107:24 108:19 presenting [3] 55:3 7:9 7:14 7:20
153:20 155: 19 159:5 64:15 66:16 66:18 114:21 1]6:15 116:21 58:10 66:11 9:11 9:16 16:5
159:6 160:7 160:14 74:8 76:9 76:10 116:24 117:25 124:8 presently [11 149:13 ]6:6 16:10 21:21
Peter's [2] 48:18 76:11 100: 1 0 113:14 127:9 137:3 137:10 preservation [3) 1 :20 23:10 24:9 24:10
49:6 119:7 119:11 159:10 138:5 141 :3 145:9 98:4 109: 13 28:19 28:21 28:23
petition [4] 32:17 plat [3] 91:8 9]:18 position [7] 24:2 preserve [1] 158:]2 29:9 29:16 30:2
37:9 44:21 46:19 91:23 24:17 45:9 45:21 preservlDg [1] 31: 15 31:2 31:4 31:14
philosophical [I] platting [2] 91 :15 62:20 125; 13 144:5 prcsidcnt [3] 35:9 36:4 38:12
37:5 38:15 39:4 39:19
120:9 91:16 possibili ty [11 90:17 107:18 107:24 39:22 39:25 40:12
photographs [31 82:8 plea [I] 136:21 possible [5] 34: 17 pressure [1] 157;17 40:13 40:14 40:15
118:19 1 ]9;23 pleasure [2] 31:10 56:22 I] 5: 13 150:23 8:]0 40:23 40;25 4]:2
photography [1] 98:8 154:17 presume [2]
57:4 100:16 4];13 41:]4 41 :]5
physical [I] 72:]7 Plummer [I] 55: 14 possibly [2] 16;8 pretty [7] 15:16 4]:16 42:2 42:3
pick [2] 67:14 67:19 plus [1] 47:19 118:6 61 :8 76:]9 81:14 43:7 52:11 52;15
pictures [1] posture [1] 26: 17 82:20 126: 14 142:2 57:6 58:7 59:9
93:8 point [102] 2:16 68:6 68:7 68:16
piece [11] 71:21 6:13 27:16 27:25 potentially [2] 42;9 prevails [I] 40;8 68:21 69:9 73:3
71:22 71:23 76:25 28:18 29:5 29:11 155:6 prevcnt [1] 30:17 81:15 81:22 82:24
80:17 82:10 90:25 30:15 32:23 33:9 powerful [I) 158: 17 prevIOus [10] 5: 16 83:7 85:23 86:2
100:6 117:13 132:3 36:22 38:21 51:2 practically [11 105:23 7:3 17: 17 17:24 88:20 93:18 104:7
141:5 52:3 57:3 59:7 precedent [41 40:4 19:8 79:17 109:16 106:21 106:25 108:10
pieces [4] 71:15 68:11 68:13 68:24 43:7 125:4 125:] I 137:11 137:12 154:25 110:17 112:18 112:21
77:17 78:14 84:3 69:7 69:24 69:25 precedcnts [2] 10:18 previously [4] 11:12 114:10 118:24 119:3
70:4 70:5 70:5 122:15 124;6 126:17
Pier [2] 94:4 94:11 70:6 70:6 70:7 80:4 24:23 89:16 109:21 127:15 127:18 133:21
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HEARrNG:OCEANPARCELS
CondenseIt 1M
projects - report
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135:9 148:23 149:3 91:11 91:21 reaffirm [1] 46:17 32:5 34:22 37:8 22:5 23:12 23:15
151 :20 151 :23 152:10 pursuant [9] 20:4 real [5] 74:8 82:23 49:3 51:15 51:25 24:8 24:25 25:4
154:8 154: 11 154:20 61:21 61:22 61:23 119:2 121 :16 151:17 52:25 53:3 54:25 25:11 29:13 29:15
154:25 158:11 62:2 62:5 62:16 realistic [1] 95:15 56:5 63:9 85:5 29:19 29:21 30:10
projects [15] 2:2 63:6 63:7 92:14 93:4 94:15 32:6 32:7 32:14
2:10 4:17 4:19 reality [2] 37:22 110:9 32:17 32:19 32:23
pursue [1] 125:24 122:23
28:2 28:15 35:5 pursuit [1] 125:20 recreation [1] 54:23 33:17 33:19 34:7
50:7 56:16 59:8 realize [2] 126:25 red [4] 72:3 73:16 34:13 35:23 36:13
65:7 98:19 105:6 pUTVlew [2] 102:6 155:4 73:16 73:16 37:9 37:10 37:20
120:12 146:25 134:12 realizing [1] 67:3 redesign [1] 38:18 39:23 39:24
proliferate [1] 99:7 put [12] 16:17 48:14 reallocate [I] 76:23 151 :16 40:18 42:18 42:21
prominent [I] 132:10 65:14 69:18 96:22 really [481 redesigns [1] 151:10 44:8 44:17 44:22
105:2 107:2 115:4 5:25 Redevelopment [I] 44:25 45:5 45:13
proper [2] 87:4 126:4 142:11 147:24 11:16 13:18 21:9 147:16 46:4 46:19 47:8
135: 11 147:25 27:21 33:23 33:25 redistribute [I] 48:5 48:7 49:15
properly [7] 14:4 41:5 42:15 43:4 118:9 136:6
puts [I] 156:11 73:6 77:21 79:6 redistribution [1]
14:13 20:5 20:19 rehiring [I] 16:21
21:19 22:7 46:9 putting [I] 141:10 83:]0 112:4 112:5 117:23
properties [1] pyramid (I] 125:17 113:8 113:23 116:3 redo [I] 39:18 reincorporate [I]
84:15 117:4 117:7 117:8 37:11
property [24] 77:15 qualify [1] 26:4 118:24 119:18 119:24 reduce [1] 118:7 reject [lJ
108:9
77:15 89:23 89:24 quality [4] 67:14 123:12 124:13 125:8 reduced [5] 12:22 rejects [I]
90:2 90:6 90:7 112:16 125:21 141:23 126:17 127:6 129:6 54:4 86:13 86:17 39:25
90:7 90:10 90:18 quantifiablc[1] 10:16 129:7 130:5 130:16 134:15 reknowned [I] 57:2
90:21 90:25 91:10 questions [3] 24:15 134:12 141:4 141:5 reducing [1] 1]8:6 relate [I] 8:3
91:13 92:19 92:21 27:9 144:9 142:23 144:2 145:22 reduction [I] 12:24 related [3] 52:12
132:3 132:8 136:15 quick [4] 5:21 ]45:25 146:16 153:] 8 refeT[7] 19:16 71:7 162:]4
137:21 138:] I 142:24 156:] I 156:]4 ] 57:] 7 19:19
143:18 146:6 74:7 111:5 111:6 158:20 161:13 20:11 21:4 38:4 relates [I] 33:]5
proportion [2] 95:16 quickly [I] 74:8 100:15 101:17 relating [I] 69:6
QUINTANA [5] reason [8] 13:17 reference [2] 44:14 relations [1]
142:8 29:25 47:8 88:23 98:9
proposal [12] 1:16 40:22 111:7 99:6 105: 17 128:12 108:6 relationship [8] 13:3
4:15
14:5 19:20 22:20 122:13 152:7 149:2 referenced [2] ]0:5 19:2 80:20 103:8
32:9 56:11 60:14 quite [3] 39:2 105:15 reasomng [1] 18:12 18:10 118:15 118:19 119:3
102:11 109:15 113:5 119: 13 47:7 referral [2] 20:9 138:9 ~
114:2 152: 16 reasons [11] 20:15 relative [11]
rage [1] 97:23 47:8 59:18 65:16 3:13 I
propose [1] 82:24 raIse [2] 128:7 128:10 89:21 106:22 109:7 referred [2] 28:20 3:15 3:24 6:25 ~
proposed [16] 3:8 raised [6] 3:9 109:8 110:18 149:2 43:3 7:8 7:10 7:19
11:2 35:2 116:1l
12:22 19:13 28:16 7:4 11:16 11:17 152:4 referring [2] 65:14 151:20
31:17 37:25 42:3 12:]6 39:]4 received [5] 45:7 92:15
51:8 52:9 58:23 ramp [7] 73:21 78:10 47:12 56:21 119:11 reflect [2] 29:4 relatively [1] 67:9
84:24 86:14 117:2 114:20 114:22 115:8 120:17 100:17 relegated [1] 141:5
136: 16 154:5 155:6 116:5 128:21 recently [1] 70:21 reflected [1] 5:16 relevant [2] 66:2
proposing [1] 82:6 ramps [3] 70:23 recognized [1] 53:9 refused [1] 21:4 69:5
propriety [I] 108:4 114:12 127:7 recommend [1] 157:14 regard [6] 3:7 relied [2] 17:23
prove [1] 46:21 Randall [2] 109:12 recommendation [4] 3:14 7:10 108:5 43:23
provide [S] 89:22 110:7 43:21 51:16 52:15 113:18 116:7 relief [I] 20:20
106:14 132:22 133:4 range [1] 67:4 58:24 regarding [12] 8:16 reliever [1] 71 :10
137:2 rapport [1] 156:21 recommendations [2] 8:19 10:2 13:6 reload [1] 157:24
provided [1] 47:15 rather [12] 35: 13 12:17 57:24 18:9 20:15 29:21 rely [11 36:18
provides [1] 46:20 35:18 56:5 72:18 recommended [3] 54:11 54:22 55: II 76: 15
56:22 153:23 remammg (2]
providing (I] 106:18 114:5 117:4 127:7 3: 18 7:13 149:3 117:9
provision [1] 87:15 136:20 137:2 149:24 recommending [3] Regardless [1] 44:6 remarks (S] 110:24
160:9 160:25 regards (1]
provisions [6] 44:18 57:25 59:23 117:17 98:3 131:2 131:25 132:18
61:22 84:23 90:14 ratio [I] 158:21 recommends (5] 4:2 regreSSIOn [2J 126:18 135:25
90:20 91:17 rationale (4] 14:19 7:22 5l:l9 52:19 127:10 remind (3] 112:6
public [24] 4:9 16:11 16:17 59:22 59:13 rehear [2] 11:20 132:3 135:25
24:14 24:18 27:10 reaching [1] 84:12 reconsider (2] 39:11 42:16 reminds (1] 96:10
30:12 31:20 36:23 reacting [1] 135:9 43:5 reheard (2] 29:24 reminiscent [1] 121:8
37:12 40:20 47:14 read [12] 2:8 6:5 reconsideration [3] 30:4 removal (1] 86:22
84:9 89:6 92:11 18:3 18:11 44:19 8:17 40:24 43:8 rehearing [77] 2:18 renders (4]
94:10 98:9 98:25 44:20 50:22 5]:14 reconsidered [1] 3:8 3:10 4:3 32:21
110:8 110: 13 110:21 51:15 122:17 124:4 10:7 4:18 6:15 6:21 45:2 46:]6 47:5
110:25 129:2 150:22 152:16 record [35] 2:9 7:5 7:23 8:15 renew [11 108:13
158:12 162:23 8:18 10:4 10:5 renotice [1]
readable (1] 123:19 4:5 5:3 5:5 138:24 I
pull [1] 7l:l5 reading [2] 5:8 5:18 5:19 11: 13 13:10 13: 15 renourishment [lJ
124:3
pump [1] 153:6 5:22 5:23 8:10 13:23 14:8 14:9 98:18
133:14 14:12 15:11 15:23
purely (1] 32:23 ready [5] 57:9 66:3 8:19 16:12 17:22 16:16 16:18 16:21 renowned [1] 56:24
18:4 20:14 23:20 I
purposes [6] 15:18 112:14 112:17 151:16 25:2 26:8 26:14 17:7 17:14 17:17 rental (1) 152:24 I
30:9 44:14 90:13 18:8 19:10 20:25 report [31] 2:5
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HEARJNG:OCEANPARCELS
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reported - seventh
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2:8 3:4 4:2 19:25 45:9 57:21 37:24 37:25 40:4 satisfaction [I] 51 :12 100:7 111 :19 121:11
4:4 5:17 6:6 59:10 62:4 85: 15 40:21 42:3 47:9 satisfied [3] 44:8 123:17 125:18 126:22
7:22 7:24 51:10 87:17 87:20 90:19 47:21 48:25 49:5 44:13 46:23 139:20 140:12 145:10
51:17 51:19 51:23 92:5 99:8 113:20 54:3 61:21 6 \:24 satisfy [I] 48:6 148:11 149:9 152:3
51:24 52:14 52:17 1]4:3 118:22 119:16 62:5 62:15 63:] 1 152:24 153:9
52:19 52:23 52:24 137:23 66:12 66:17 77:20 Saul [3] U5 92:13 seemg (4) 74:25
54:17 55:11 55:16 respectfully (1] 133:11 77:21 83:5 84:7 143:5 78:23 82:17 152:18
56:3 57:17 57:18 respectively (1J 12:5 84:20 90:5 90:19 save [3] 6:2 6:8 seek (1] 108:24
57:21 60:3 62:18 99:9 100:15 100:19 54:24
85:10 109:9 113:11 respond [5] 71:25 101:13 102:3 102:5 saw [5] 25:14 25:15 seeks [I] 37:10
reported [2] 12:19 III :3 120:7 130:22 102:15 102:19 103:17 25:25 41:11 94:7 seem [21 106:8 109:25
134:8 111:23 115:25 115:25 sell [1]
162:7 says [4] 18:6 26:23 135:20
Reporter (1] 162:6 responded (3) 39:15 120:22 120:23 122:14 34:5 43:19 Senior [I] 1:21
53:23 54:10 128:12 136:14 143:2
reports [11] 9:15 responds [2] 39:12 143:23 144:24 146:21 scale [16] 58:8 sense [4] 69:5 69:8
9:15 9:23 43:20 39:13 147:25 155:25 159:4 71:9 74:22 77:4 137:5 142:5
50:23 53:24 54:12 right-of-way [I] 81:4 98:3 112:5 sentence [I] 44:21
55:9 55:10 55:19 response [2] 86:10 112:9 112:15 112:23
61:6 155:4 141:18 114:9 122:17 123:7 sentiment [3] 41:6
responsibilities [I] rightfully [2] 21:24 123:8 126:22 152:11 122:10 153:17
represent [3] 27:15 86:25 sentiments [1] 29:4
29:6 153:25 131:24 scape [I] 19:3
representations [I] responsibly (1] 132:13 rights [3] 22:17 scenano [2] 63:2 separate [8] 2:13
27:18 rest [4] 107:3 118:21 91:3 149:25 150:16 9:9 15:13 19:6
representing [6] 5:6 123:5 123:22 Rio [2] 30:15 30:23 schedule [I] 33:16 33:18 49:13
62:7 100:11
37:4 38:23 107:9 restaurant [2] 51:7 nse[4] 104:24 104:25 scheduled [3] 18:7
107:16 107:22 52:8 143:15 143:16 separated [1] 78:14
61:5 61:7
represents [I] 77:12 restriction [2] 64:24 rises [I] 96:5 scheme [11] separately [3] 2:12
18:18 49:12 90:13
reproposed [1] 28:4 64:25 nsmg [I] 81:22 29:10 66:13 66:13
request [32] restrictions [4] 28:7 risk [5] 154:6 154:8 66:21 76:17 76:17 separating [3] 59:13
2:11 72:19 73:5
2:25 3:7 3:10 28:12 28:14 28:18 154:12 155:11 155:23 76:19 76:22 80:12
4:2 6:21 7:5 restrictive [I] 42:11 Ritz (1) 56:20 98:5 separation [3] 59:15
7:22 8:20 10:4 result [3] rival [1] 99:3 schemes [7] 4:22 59:17 72:22
10:6
11:20 14:7 18:8 32:19 154:17 124:11 126:16 66:12 66:17 77:2 September (7) 53:20
19:10 20:22 27:4 nVeT[2] 103:6 122:22 145:13 61:6 64:11 64:13
29:13 35:15 35:23 resulting (1 J 53:24 road [8] 55:17 70:12 school [2] 64:21 88:3 159:15
110:22
37:19 40:18 43:8 results [I] 44:24 75:3 78:12 93:22 111:24 series [10] 70:19
45:4 45:23 48:4 retail [19] 13:2 93:23 97:23 127:8 Schulman [8] 71:5 71:14 77:16
49:15 58:14 85:4 51:7 52:8 53:11 roadway [I] 98:16 17:23 80:25 81:10 81 :16
31:21 42:17 56:2
88:5 90:6 161:9 75:10 75:11 75:15 Robinson [2] 109:12 61:19 88:15 88:17 82:7 87:13 128:16
161:15 75:15 75:25 77:8 109:12 102: 13 serious [2] 12:20
requested [1] 11: 13 77:10 78:6 78:12 rocks [1] 124:21 Schulman's [1] 43:17 116:25
requesting [5] 2:18 78:15 81:20 105:3
115:2 115:5 133:25 Ron [1] 69:17 scratch [2] 43:5 serve [1] 108:8
6:15 16:18 51:3 retrograde [1] roof [1] 76:6 43:11 service [9] 74:12
52:4 79:24 74:17 74:18 75:3
requests [1] 88:4 revenue [I] 75:14 room[l] 128:19 Se[2] 90:8 157:18 93:22 93:23 97:14
requITe [2] 10 1:1 2 reVIew [37] 1:3 rooms [I] 75:22 sea [I] 123:14 97:14 97:19
101:13 2:19 2:24 3:22 Rose [I) ]46:25 seal [I) 162:17 services [2] 69:3
required [4] 29:22 6:16 6:20 6:25 roughly [3] 79:8 Sears [2] 56:18 97:]2 74:15
89:11 109:2 149:6 7:18 14:15 18:20 82:16 100:9 Seasons [I] 56:20 seSSIon [4] 47:10
19:12 25:2 25:9
requirement [I] 85:24 28:20 33:7 33:21 round [2] 155: II second (11] 4:14 155:14 155:23 156:3
requirements [13] 35:22 39:3 43:3 155:18 30:23 42:14 46:25 set [81 27:2 50:16
3:20 7:16 30:7 50:24 51:4 51:12 rule [I] 36:9 50:3 55:6 62:14 57:10 109:8 116:5
44:7 85:12 86:3 51:18 52:4 52:13 ruled [I] 26:5 68:2 116:6 159:24 129:19 151:6 162:9
86:7 86:11 91:12 52:18 53:24 55:14 ruling [2] 27:23 160:7 setback [141 77:21
101:22 109:2 109:4 55:20 61: 13 64:9 63:9 secondary [2] 73: 14 85:4 85:12 85:24
132:7 87:2 97:3 116:14 run (I] 47:10 158:21 86:7 86 ! : 92: 18
requIres [I] 102:12 131 :17 137:12 162:8 S.O.M [111 seconded (2) 49:6 10\:21 101.22 102:12
resident [2] reviewed [4] 9:14 50:6 161:3 132:7 133:3 140:6
97:2 53:21 54:10 55:21
99:14 29:3 43:22 70:21 sections [2] 18:] 1 14:U5
55:25 56:9 56: 13 setbacks [2]
residential [II] 11 :25 rev1ewmg [II 116:14 57:2 60:20 85:19 58:9 85:7
18:23 53:10 59:16 revised [6] 38:25 111:9 security (1] 59:18 133:24
69:25 70:2 73:11 39:2 1l3: 13 113:15 sake [I] 5:24 see [401 14:22 35:18 sets [1] 96:S
74:16 74:17 79:7 127:23 159:10 sakes [I) 96:11 40:23 41:3 41 :12 settiug (3] 57:16
143:15 rework (1] 149:17 41:13 42:)5 6J' J 8 60:10 9i.).,~
saleable (1) 153:4
residents [2] 97:15 Rigalleta [2] 93:4 63:24 66:14 6(1,/ ~:{""D [:' 19:11
98:20 93:5 sales[1] 1]9:17 67:13 69:12 69:21 I 19 J (; 30:5 71:22
resides [11 24:5 right [56115:8 23:2 San [I] 56:15 74:19 75:21 76:'1 "/.:':6 76:5 78:23
respect [20] 8:7 23:7 25:21 28:15 sand [3] 98: 18 13 1:2 3 76:11 78:17 81:24 79:5 128:18 128:18
8:13 8:20 11:10 31:24 34:11 36:16 132:23 82:15 83:17 83:22 152:18
93:2 94:9 98:11 seventh [I] 79:8
WORT ,nWTnF RFPORTTNG
Index Page 14
HEARING: OCEAN PARCELS
CondenseIt 1M
several - stone
(
several [4] 3:9 24:25 32:24 37:11 8]:4 82:19 143:13 112:9 1 ]2:15 1]4:10 52:]7 52:19 52:19
7:4 34:8 140:23 38:19 108:5 Smith [48] 56:11 114:18 114:20 115:7 52:23 52:24 53:22
Shab [81 37:17 37:17 Sing [1] 57: 13 57:5 57:7 66:5 115:24 116:17 117:25 53:24 54:12 55:19
99:24 99:24 100:11 single [6] 10:23 66:6 66:9 66:18 118:17 120:18 121:9 55:20 56:3 57:17
100:14 100:20 103:18 56:21 68:24 72:10 67:24 69:21 74:7 121:9 121:17 121:23 57:18 57:23 58:5
shadows [7] 94:7 81:2 91:16 74:23 75:4 78:2 124:8 126:24 126:25 59:12 59:13 59:22
96:3 98:25 103:2 sit [2] 79:14 81:16 82:7 127:20 129:19 135:12 60:3 61:5 63:13
149:8 150:11 82:15 83:5 84:6 138:5 141:3 141:12 70:22 71:20 72:7
103:6 103:10 103:16
shall [2] 42:19 site [90] 3:15 5:12 102:24 103:13 128:14 141:14 142:6 142:12 85:10 85:13 85:21
42:22 5:13 7:11 8:16 129:5 129:9 129:21 142:22 143:18 145:8 87:19 98:20 101:22
shape [1] 76:11 8:21 11:5 11:9 137: 15 139:10 139:18 157:25 102:12 102:25 102:25
shaping [1] 67:7 14:20 15:2 15:4 140:3 140:6 140:9 southeast [3] 2: 16 108:7 109:9 113:11
share [1] 2:22 22:4 35:2 35:5 142:14 142:17 142:19 6:13 52:2 132:18 137:16 140:22
shed [I] 38:20 39:12 42:7 142:22 143:3 143:20 southern [31 35: 14 141:20 144:3 147:19
27:19 42:23 66:23 67:2 149:4 152:3 156:19
143:24 145:16 146:4 117:22 127:13
shining [1] 96:2 67:5 68:17 69:2 146:17 146:21 146:25 southwest [3] staff's [141 9:1 I
ships [1] 98:10 69:11 71:2 71:3 147:4 147:6 147:20 37:2 9:14 9:15 12:16
82:2 107:8
shocked [1] 124:7 71:9 71:1 I 71:12 152:12 159:2 13:6 14:18 29:2
short [5] 23:5 71:16 72:12 72:12 Smith's [II 56:25 space [11] 53:11 57:24 61:9 72:9
56:23 72:25 73:9 73:15 68:11 75:10 75:25
85:6 86:12 101:19
68:18 79:9 91:21 73:18 74:11 74:13 Social [1] 111:25 77:10 78:15 82:15 114:3
shorter [4] 101:3 79:9 79:]0 81:18 softness [3] 121:2 109:23 112:12 130:16 stage [1] 33:17
101:12 103:3 142:7 89:8 91:4 91:16 122:2 153:15 158:12
shorthand [2] 162:5 91:21 98:24 104:19 sold [1] 91:10 spaces [1) 78:14 stair [1) 70:24
162:7 104:22 105:4 106:12 solely [1) 37:10 speak [11) 24:19 stairs [3] 70:20 78:10
108: 17 108:25 110:5 116:5
shortly [2] 9:19 110:17 113:18 113:19 solid [1) 98:21 27:11 31:23 36:25
10:3 114:3 114:5 114:8 solution [6) 120:23 68:8 71:10 78:22 stairways [1] 129: 19
show [9] 67:24 77:22 115:17 115:18 115:20 121:5 132:12 134:21 80:22 92:12 93:2 stand (2) 8:10 67:22
83:3 83:20 103:9 116:8 116:13 117:10 136:4 152:14 107:20 standards [3) 92:3
109:25 118:23 118:24 117:21 117:22 118:4 solve [I] 154:16 speaker [I) 99:12 126:18 126:19
119:24 121:15 123:2 123:5 speaking (3) 88:2 standing [1] 36:15
someone [1] 49:22
showed [1) 124:18 123:10 132:9 134:18 sometimes (2) 109:12 117:18 standpoint (2) 91:25
showing [1] 69:11 134:25 135:23 137:23 22:14 specific [1) 92:19 115:12
138:10 139:13 139:16 121:24
shows (2] 82:9 139:19 139:21 141:6 somewhat (3] 22:14 specify [1) 125:8 stands (11 125:17
128: 15 142:9 142:1 I 143:9 37:18 144:8 speCIOUS [1] 41:18 start [10] 13:12 43:5
Shubin (8] 36:25 147:24 149:17 157:25 somewhere [1] 95:9 spend [2] 84:11 43:6 43:10 112:12
89:16 107:6 107:7 158:15 159:23 130:2 14l:l3 152:22
107:7 107: 13 107:16 sited (1] 35:7 song [1] 57:13 split [3] 91:5 109:2 152:25 154:24
107:22 soothing [11 137:8 started [2]
sits (1] 94:5 109:3 67:2
siblings [3] 80:22 sitting [3] sorry [8J 31 :24 66:4 splitting [I] 129:6 126:14
105:9 105:10 16:3 76:10 78:5 109:19 starting [21 75:22
side [17] 67:23 68:9 75:24 78:15 142:22 145:19 160:9 spoke [2] 23:8 122:17
76:14 77:9 78:7 situation (5] 41:4 sort [13] 76:2 76:24 26:10
state [5] 32:5 45:5
81:25 83:25 83:25 117:4 129:9 136:19 80:12 83:21 119:14 spoken [1] 38:21 61:20 162:3 162:6
91:13 91:14 115:8 148:3 121:22 125:5 125:11 spot [1] 97:11
115: 17 117:20 117:22 SIX (5] 24:3 80:4 125:13 125:13 125:16 spread [2] statement [2] 5:21
71:24 103:19
118:4 121:19 128:25 82:21 138:5 138:9 126:17 141:7 114:6
sidestep [3] 38:10 sixteen (1] 118:10 sorts [I] 119:7 statements [I] 8:8
square [17] 12:23
38:11 38:13 SIze [2] 95:20 98:2 soul [5] 97:8 112:10 12:24 12:25 13:2 states [3] 42:17
sidewalk (2J 71:13 sketches [1] 122:16 135:9 154:4 21:21 21:22 28:22 53:12 58:5
81:17 stating (2] 38:19
81:19 sketchy [1] 119:25 south [92) 2:16 28:23 38:16 53:13
signals [1] 139:9 6:13 27: 15 27:25 104:23 115:19 117:3 40:24
significant (61 Skidmore [21 4:19 29:5 29:1 I 30:14 136:17 138:2 138:4 stay [5] 30:17 104:4
12:15
66:6 30:18 30:25 31:7 138:7 142:3 146:20 157:13
14:3 22:5 59:25
88:20 158:14 skin [21 81 :2 82:10 3 I: 16 38:21 51:2 squeeze [1] 146:23 staying (1] 153:10
significantly [4] skirt [1] 23:5 52:3 53:6 59:7 ss [I] 162:3 step [2] 27:12 76:13
12:22 21:25 86:13 skyline [21 123:23 67:10 68:11 68:13 staff [86] l:l9 2:5 stepped [II 117:24
69:7 70:15 70:18
93:18 145:5 2:8 3:4 3:8 stepping [II 78:24
slender [1] 70:21 71 :2 71:9 3:16
signify [11 49:16 101:2 72:24 74:2 74:13 3: I 7 4:2 STEVEN [2] 162:5
silhouette [I] 123:24 slice (1) 128:23 74:24 75:7 75:11 4:4 5:17 6:6 162:23
similar [5] slicing (1) 128:22 75:16 77:5 77:15 7:6 7:1 I 7: 13
2:10 7:21 7:22 7:24 still [19] 10:12 11:25
2:10 11:22 12:7 slightly [4) 67:11 78:7 78:7 78:18 8:12 9:23 1l:l8 12:7 28:2 28:5
57:18 67:18 69:10 143:12 79:11 79:18 80:2 12:19 13:4 18: 15 28:10 28:23 29:8
simple [5] 5:13 slope [1] 129:12 81:18 83:25 85:20 19:24 20:2 20:5 65:12 73:18 90:25
86:9 86:22 89:10
90:1 I 104:15 121:3 slopes [1] 128:12 21:18 22:22 39: 14 113:23 115:5 117:12
154:2 93:6 93:19 93:20 43:21 50:22 51:10 123:1 I 125: 17 126:2
simplicity [1] slot [1) 153:4 94:2 97:2 97:15 51:13 51 :14 51:17 150:18 157:15
121:3 small (2] 112:4 112:5 99:14 99:19 103:4 stipulate [1]
51:18 51:19 51 :23 26:22
simplified [1] 153:18 smaller [4] 76:21 105:25 109:19 109:20 51:23 51:24 52:13
simply (6] 2:3 109:20 109:23 112:4 stone (2] 83: 17 - 83:19
WORT .OWTOE REPORTING
Index Page 15
HEARING: OCEAN PARCELS
CondenseIt 1M
stood - tower
(
stood (1] 11:7 subject [10] 3:14 suggestions (6] 13:3 83:21 83:22 83:23 138:13
stop (1] 31:14 4:3 5:11 7:9 14:21 60:7 61:10 terrible [1] 30:19 throw [2] 124:21
stopping (1] 127:5 7:23 9:9 10:22 88:22 136:23 terrified [1] 31:2 127:8
28:11 28:17 89:12 suitable (1]
store [1] 77:13 137:8 testimony [2] 45:7 thrown [1] 96:3
stories (241 12:5 submission (6] 22:19 summarize (2) 106:7 47:13 tie [1) 69:8
41:22 41:24 151 :15 111:4
12:11 66:14 71:23 159:13 161:10 texture [I) 143:17 tied [1) 80:16
72:2 76:4 76:5 submit [2] sun [5] 83:12 96:2 thank [331 4:6 tile (11
77:25 78:3 78:24 41:16 96:5 96:5 96:8 83:23
78:24 78:25 80:5 157:7 supplements [I] 18:2 5:4 8:5 30:11 timely (3] 43:20
80:5 80:5 80:6 submittal (2] 9:17 31:18 31:19 36:23 50:11 104:8
98:22 100:6 100:8 65:11 support (21 98:20 37:13 37:14 40:18 times [4] 53:20
98:24 57:7 66:9 84:5 72:8
118:10 145:21 152:17 submitted (27] 17:8 supported (1] 84:6 92:10 94:13 95:20 127:23
152:17 152:20 17:10 19:6 19:9 98:12
96:25 99:10 99:11 timeshare (5] 6:17
story (41] 2:20 19:23 22:21 26:2 supportive [1] 144:4 99:23 101:25 107:4 9:4 9:7 12:7
2:21 6:17 9:3 33:23 41:21 43:19 suppose [3] 30:16 107:5 109:10 109:1 I 18:24
9:6 9:6 12:2 51:21 52:21 58:6 118:15 160:16 110:6 110:7 110:19 tip [2] 35:14 135:12
12:3 12:9 12:10 60:13 60:13 60:16 supposed [1] 39:7 110:20 112:25 130:24 title [2]
51:5 51:6 52:5 60:19 60:24 61:2 surface [1] 138: 15 161: 16 90:11 90:24
52:7 54:6 54:7 63:21 64:20 64:23 74:23 today [25] 4:11
66:20 71:6 71:15 65:7 84:23 113:15 surprise (1) 119:22 theory [11 10:23 10:7 15:15 24:24
71:21 71:22 71:23 128:16 148:4 surrounded (1) 75:10 thereafter [1 J 10:3 29:4 30:16 36:21
76:5 76:17 76:17 submitting [1] 22:24 surrounding[3J 19:4 therefore [6] 5:14 37:3 37:4 37:16
76:19 76:22 77:10 Subparagraph (3] 118:16 122:5 9:19 19:10 46:23 54:13 59:25 61:7
77:17 80:4 91:21 32:16 58:5 58:21 symbolic [1] 125:5 90:5 136: 14 66:11 66:22 84:16
95:18 98:21 100:2 Subparagraphs [2] synthesized (11 thereof [1] 162:12 87:13 93:17 94:5
100:16 100:25 105:21 158:5 thereto [1] 103:21 107:9 107:16
105:22 130: 13 140:13 58:3 59:12 system (4] 58:24 62:25 107:22 108:22 152:5
152: 18 Subsection [2] 3:23 70:7 70:17 77:12 Thereupon (1] 161:17 Todd (2] 56:12 83:13
straight (3] 20:7 7:18 systems (2] 67:10 they've (6) 28:4 together (6] 50:9
127:9 146:20 subsequent [2] 17:19 77:14 32:6 32:7 115:2 80:16 81:10 100:3
straightforward (1) 62:25 tables [2] 88:23 115:4 157:3 117:5 151:9
38:5 subsequently [2] 88:25 thin [1] 144:25 token [1] 133:2
strata (1] 98:23 11 :8 20:13 tackling (1] 130:8 thinking [3] 81:15 Tom (12] 2:5 6:5
stray [1] 89:2 subsidizing [1] 124:20 takes (3] 70:7 70:23 111:11 130:3 24:5 32:2 34:5
street [18] 19:3 substantial [25] 10:13 147:10 thinks [3] 34:22 50:22 64:7 101:8
37:2 55:17 77:5 10:14 10:17 10:20 taking (8) 14:17 149:7 159:3 113:25 115:15 117:19
77:19 81:25 105:25 11:23 13:21 14:3 18:14 65:8 70:24 third (3) 68:14 80:16 156:11
106:4 106:16 107:8 15:6 15:21 22:6 125:18 136:22 141:8 102:21 Tom's (2] 26:15
114:10 114: 18 114:23 23:17 33:22 34:19 141 :13 Thomas [2] 1:21 160:3
115:7 115:24 141 :18 34:25 35:2 35:15 talented [3] 131:5 113:4 tone [1] 83:19
35:17 84:25 108:8
146:9 146:9 138:23 149:5 150:9 135:6 135:18 thorough [1] 111:10 too (101 6:2 29:14
streets (3] 130:13 152:2 152:13 154:5 tall [3] 71:12 86:6 thoroughfare [1] 86:6 110:4 119:21
130:14 133:25 substantially [10] 95:19 114:16 121:6 121:7 124:2
strictly [1] 85:14 25:13 25:20 26:5 taller [12] 76:21 thought [6] 20:7 137:5 137:9
strong [5] 72:9 26:6 30:5 36:4 101:2 101:6 101:11 32:4 33:25 60:17 took (7) 65:4 86:20
80:19 80:23 120:16 39:5 39:7 148:22 101:17 10 I :23 102:11 68:2 118:14 113:13 116:15 145:13
126:2 151:10 103:4 142:]4 142:15 thoughtful [II 114:24 154:11 161:14
stronger (1] 19:2 substitute [11 23: I 3 145:3 145:7 three [321 top [8] 75:24 75:25
6:17
strongly (4] 72:19 substituted [1] 23:18 teaching [I] 111:23 9:3 12:13 16:2 76:6 77:16 77:24
94:22 94:25 115:9 substituting [I) 58: II technical (4) 89:3 18:22 24:22 33:3 78:15 100:6 135:21
struck [1] 91:12 ]45:]9 158:22 35:21 41: 11 43:16 topologically [1]
99:19 successful [3J 103:25 125:12
Technically [I] 88:2 53:20 67:3 67:3
structure [8] 2:21 104:24 104:25 71:4 71:6 topology [1]
9:7 74:14 79:7 telling [1] 32:2 71: 15 123:9
121:2 144:10 145:6 successfully [I] 127:25 ten [6] 71:23 76:5 77:J7 total [6] 2:20 6:18
SUCh[11]3:17 62:23 78:2 103:6 104:15 116:2
145:15 7:12 98:21 98:22 118:10 51:5 52:6 112:14
structured [1] 11:14 33:22 72:23 118:13 127:23 InlJ ] 12:15
149:13 88:19 91 :15 96:18 154:9 130:11 133:14 139:24
structures [14] 12:14 130:8 150:3 154:3 tend [2] 117:7 13 1:I 8 145:21 147:16 153:7 totally [6] 40:22
12:23 97:25 101:18 sufficient [1] term (I] 123:6 153:10 45:22 98:2 112:22
46:3 112:23 122:23
101:24 102:11 118:3 suggest [6] 3:11 terms [19] 16:15 threshold [5] 13:9
118:10 120:19 121:5 25:]2 35:6 67:7 29:22 30:9 32:15 TOUZET[15] 1: 15
121:6 140: 12 140:25 7:6 44:9 105:21 36:2 36:6 41:22
133:1 I 134:13 70:25 73:8 85:7 64:3
144:15 41: 14 122:21 123:4
suggested [6] 18:19 91:16 92:3 92:16 through [16] 54:2.5 126:7 143:5 143:23
stucco [4] 121:4 20:24 47:7 54:4 120:17 122:8 123:23 58:3 62 :12 67: l( 144:2) 145:Ji.1 145:22
137:4 137:10 146:12 113:4 134:20 133:22 144:12 146:1 ] 68:7 68:20 76: 1 j(); ] 60:/'1
studied (I] 150:8 153:10 157:4 76:15 ,
103:6 suggesting (3] 79:9 82:9 toward (lJ
studies [1] 98:13 21:21 terrace [1] 76:7 87:12 121:18 127:14 116:22
45:24 113:9 towards [4]
studying (1] 111:12 terraces [11 75:23 128:23 128:23 156:20 78:22
suggestion [2J 87:3 throughout [5] 123:8 127:18 140:10
style [1] 135:10 89:7 terracotta (4] 69:22 18:19
83:16 114:6 132:25 tower [62] 12:8
WORLDWIDE REPORTING
Index Page 16
HEARING: OCEAN PARCELS
CondenseIt 1M
towers - within
(
12:9 12:10 30:15 tried [1] 137:6 ultra [1] 12:21 used [7] 68: 18 81:9 votes [3] 34:11 34:15
38:22 38:22 56:18 tripartite (1] 116:18 unacceptable (1] 83:7 83:15 83:24 35:22
58:6 59:14 66:13 truck (10] 78:8 105:4 93:24 156:13 voting [I] 36:12
68:12 69:7 74:2 78:9 128:20 128:24 unattractive [1] 98:6 uses [2] 12:6 18:23 waiting [I) 27:8
76:15 76:18 76:19 129:2 129:4 129:22 under [281 Usherette [1] 145:11
77:18 77:19 77:25 11:5 waiver (3) 91:8
78:5 79:5 79:18 129:23 130:4 130:9 22:19 22:23 28:3 using (1] 1l1:l8 91:18 91:23
79:19 80:4 80:11 trucks [1] 130:3 28:14 28:25 36:19 valid (2] 104:3 144:20 walk [I] 126:24
81:21 82:11 82:18 true [3] 117: 11 124:3 41:22 41:23 44:10 validity [1] 36:13 walking (2]
83:16 85:20 86:9 162:11 44:14 84:23 84:25 70:15
86:22 95:18 97:12 98:22 100:21 100:24 value (1] 90:2 115:7
116: 15 116: 16 try [7] 67:14 79:25 102:2 102:3 102:14 valued [1] 132:8 walkway (41 70:14
116: 17 107:20 138:22 143:25
116:21 116:25 117:25 147:7 154: 16 103:20 104:2 104:9 variance (5] 66:21 73:20 93:21 114: 17
123:3 123:4 124:4 trying (11] 109:3 128:20 140:15 66:21 86:21 101:7 wall [3] 77:5 141:12
124:8 124:8 125:6 15:19 140: 16 150: 18 157:5 145:9 146: I 0
125:24 141:3 141:12 23:2 26:25 29:23 underneath [1] 105:24 walls [1] 82:17
41:17 65:20 69:8 vanances (6] 54:4
141:15 141:21 142:6 79:16 79:21 79:24 understand (21] 22:12 101:12 101:14 101 :21 wanting (1] 71:2
142:7 142: 12 142:21 101:7 22:16 24:16 36:14 101:21 102: 13
142:22 145:3 145:3 37:19 38:17 39:2 variety (5] wants (5] 26:11
145:8 145:9 152: 14 Tuesday (1] 1:6 60:10 82:5 86:16 105:18 43:6 91:24 157:22
158:4 tune (1] 152: 10 105:19 106: 15 106:21 158:9
89:14 91:2 91:12 141:23
towers [67] 2:20 turn (2] 83:10 89:6 97:8 104:20 114:]4 Various [I] warrant [11 22:4
6:18 9:4 9:6 TURNER [5] 1:24 124:15 129:16 131:10 83:15 washed (1] 83:12
12:2 12:4 12:5 16:12 24:21 25:8 131:12 146:17 vast [1] 119: 12 Washington (1] 56:15
18:22 18:23 37:6 48:21 understands [11 24:13 vastly [1] 35:5 WASSERMAN [2]
51:5 52:6 54:7
67:15 67:16 69:4 turns [1] 30:24 unfair [2] 155:20 vehicles (1] 75:2 162:5 162:23
69:12 69:14 71:12 twelve [5] 5:12 156:5 vehicular [7] 70:8 waste [2] 54:22
71:14 71:17 74:13 130:13 138:7 138:9 unfamiliar [1) 17:6 72:5 72:14 72:16 55:12
80:15 80:18 80:19 160:3 unimpeded (1] 73:6 72:23 115:10 129:7 water [6] 54:22 54:22
82:17 86:14 89:10 twenty-one [1] ] 28: 19 unique (1] 116:23 vernacular [1] 120:18 55:12 55:12 68:22
89:10 97:2 97:16 twice (2] 54:8 155:14 unit (7] 27:15 29:5 version [1] 104:14 78:21
97:16 101:3 101:11
104:15 104:23 105:21 twin (2] 80:11 112:6 29:7 51:6 52:7 vertical (2] 81 :8 ways [1] 105:5
107:18 107:24 108:19 twins [2] 105:10 105:] I 89:9 93:5 83:24 weak[l] 123:12
109:16 110:4 112:6 two (89] 2:20 4:17 United [1] 53:12 vicinity [1] 72:11 wear [I] 1 ]9:9
114:21 115:16 116: 12 4:19 4:21 9:5 units [9] 2:21 2:22 VIew (26] 4:13 weanng (1] 23:5
117:2 117:2 117:2 11:25 12:2 12:3 2:23 6:18 51:6 4:16 4:25 7:21 wedged (11 139:25
117:10 117:16 118:2 12:4 17:22 18:23 52:6 143:13 143:14 13:6 51:16 52:16 week [1] 66:2
118:6 120:25 122:18 22:8 25:14 27:15 152:24 67:21 68:6 68:7
123:20 123:23 124:14 29:9 32:14 44:7 unless [10] 26:9 71:14 71:17 72:14 weeks (1] 63:25
136:24 137:2 141:19 44:19 44:25 46:20 62:8 84:9 98:16 72:16 77:24 81:17 Welcome [1) 66:8
143:22 144:24 152:22 47:17 51:4 52:5 98:21 101:10 103:24 93:10 115:22 116:17 welfare (1] 110:13
153:18 153:19 158:3 53:16 54:6 60:23 113:13 145:8 158:25 116:19 117:8 133:4 west (14] 67:20 68:5
town [1] 66:16 61:3 62:21 65:13 134:4 135:20 140:25
up [55] 14:)9 17:12 68:10 72:12 76:14
track [1] 22:14 66:11 66:13 66:19 141 :17
67:10 67:15 67:16 21:6 41:12 46:21 76:25 78:22 82:17
tract (1] 57:10 57:16 57:20 VIeWIng [1] 85:19 83:25 95:9 95:9
10:23 69:12 69:14 71:5
trade (2] 112:7 115:9 71:23 72:19 72:22 60:10 63:17 67:14 VIews (5] 68:21 118:4 140:17 157:25
67:19 68:4 68:9 79:10 117:6 117:9 white [3174:19
traffic (14] 54:17 73:2 73:3 73:4 117:12 75:17
74:24 76:12 76:15 77:11
55:9 55:12 55:15 76:4 77:2 77:16 76:20 79:7 79:9 violated [1]
58:25 78:25 79:16 80:15 86:7 whole [71 30:23
70:8 70:8 80:24 81:4 81:8 violative (1]
70:9 92:6 98:12 80:18 80:18 80:20 81:24 82:18 83:5 28:6 112:19 112:20 116:13
98:13 110:15 115:10 80:21 82:16 82:17 85: 13 97:22 105:24 virtually [1] 140:12 117:5 127:4 145:11
115: 12 89:13 89:20 96:2 110:2 118:14 123:24 virtuous [1] 23:6 wide [2] 70:14 141:17
transcript [2] 1:10 100:10 100:11 101:3 124:18 125:9 126:14 visit (1) 30:19 wider [2] 101 :4
103:8 104:15 104:23
162:11 105:10 105:21 105:22 128:12 128:18 129:11 visitors [I] 98:7 141:18
transcripts (2] 33:7 108:11 115:16 117:10 129:15 130:4 130:14 vistas [1] 79:9 width [I] 141:9
137: 12 117:16 118:2 122:18 131: I 5 132: 12 136:3 vitae [1] 56:25 William [5] 1:20
transition [3] 76:2 124:10 124:14 124:18 137:6 138:25 139:21 113:3 116:9 128:2
123:13 137:8 128:13 128:15 132:10 ]41: 13 141:19 144:22 vocabulary [1] 135:11 156:11
translated [11 134:20 135:12 139:24 151 :6 152:3 152:23 voice [1] 97:20 willing [4]
139: 15 153:6 160:4 59:2
trapsed (1] 119:8 143:19 144:12 151:8 void (2] 28:10 159:19 142:7 150:13 159:22
152:13 152:14 153:5 upset [4] 95:24 96:16 volume [6] winding (11
treat (1] 146:3 124:12 124:15 139:15 127:7
treated (2] type (5] 71:6 108:3 urban [II] 139:18 139:20 141:6 window [I] 160:4
33:24 114:24 122:17 122:18 111:14 147:22 154:3
158: 16 typical [2] 76:3 126:12 126:19 127:4 voluntarily [I] windows [I] 146:13
treatment [4] 130:15 130:18 135:13 20:7 wish (2] 110:10 110:25
132:15 76:12 Von [2]
133: 18 136: 11 137:4 144:7 146:13 160:10 30:13 30:14 wishes [1] 86:12
ultimate [2] 3:12 160:25 vote (6] 17:16 19:17
trees [1] 81:20 7:8 Urbanism [1] 24:24 65:12 112:24 within [17] 29:10
trellis (3] 77:11 111:25 67:15 68:3 81:6
ultimately [1] 156:18 136:6
77:12 78:13 . urge [2] 40:3 106:20 81:8 88:24 _ 126:23
WORLDWIDE REPORTING
Index Page 17
131 :24 134:12 135:15 zone (1] 78:9
135:17 138:5 142:3 zoning (30] 3:21
149:7 152:13 153:9 3:23 7:16 7:19
157:13 22:13 28:6 29:7
without [7] 13:18 31:25 36:17 41:19
34:10 79:24 128:22 41:20 41:23 42:6
132:25 136:8 158:23 51:22 52:22 60:11
withstanding [1] 63:15 63:22 64:4
105:15 84:14 84:17 92:23
WITNESS (1] 162:17 93:2 102:3 104:4
109:3 134:14 145:18
woman (2] 23:6 149: 12 149:25
95:21
wonder (4] 26:16
143:8 158: 12 158:23
wonderful (4] 95:3
96:7 96:19 132:24
word (1] 26:15
words (5] 25:22
75:9 111:16 111:21
112:8
worked [3] 123:17
127:21 147:16
works (3] 56:18
123:8 123:22
world (9] 30:24
31:12 93:15 98:8
99:2 112:7 132: 11
132:16 137:15
worse [1] 69:17
worst (1] 150:15
Worth (12] 1:17
42:14 46:17 47:6
77:23 97:10 113:3
118:13 156: 1 0 156:14
156:18 161:9
wrapped [1] 115:2
writing (2] 26:16
61:18
written [2] 32:3
47:12
wrong [2] 43:9
101:11
Yamasaki's [1] 112:7
yard (3] 15:20 15:22
15:24
year (6] 57:19 62:23
87:15 87:23 99:17
151:15
years [12] 30:18
30:20 57:4 66:24
94:17 99:18 126:15
133:14 133:17 145:10
147:17 154:9
yellow [4] 70:11
70:11 78:11 83:8
yesterday [3] 23:9
63:4 63:4
yesterday's (1] 63:8
yet [3] 38:25 113:24
120:24 I
York (8] 5:10 53:8
56:15 93:13 95:2 I
112:7 112:9 129:3
young (1] 95:20
yourself (5] 5:2
25:16 32:4 94:14
97:24 -
HEARING: OCEAN PARCELS
(
WORLDWIDE REPORTING
CondenseIt 1M
without - zoning
Index Page 18