Letter to Miami CommissionMarch 31, 2004
Honorable Mayor and Commission
City of Miami
3500 Pan American Drive
Miami, Florida 33133
RE: DEVELOPMENT OF WATSON ISLAND
Dear Mayor and Commissioners
The Urban Environment League of Greater Miami is a non-profit, community
based organization whose mission includes the protection and preservation of
public land for the public's use. The UEL has examined Island Garden's
documents for the project proposed on Watson Island's publicly owned
waterfront owned by the City of Miami.
UEL considers the Island Garden project to be an inappropriate use of public
waterfront land. The issuance of an RFP for 24 acres on Watson Island in the
year 2001 was an act of desperation resorted to by then-city officials in the
wake of a financial crunch. Bidding out the public land was an invalid act of
faith based on the restrictive deed #19447 filed by the state in 1949 that states
Watson Island was deeded to the City of Miami provided the city "not give or
grant any license or permit to any private person, firm or corporation to
construct...structures, buildings or other things on the ..lands or any part
thereof for any private use or purpose. The deed further states that the city
"never sell or convey or lease the ...land or any part thereof to any private
person, firm or corporation for any private use or purpose, it being the
intention of this restriction that the said lands shall be used solely for public
purposes, including municipal purposes and not otherwise".
The UEL urges the City of Miami to create a public process to update its
Masterplan of Watson Island prior to commencing further construction on the
Island, including Island Gardens and the proposal for an FTAA Headquarters.
The existing Watson Island Masterplan was created in 1989, prior to such
events as the opening of the Parrot Jungle, Children's Museum, the rebirth of
South Beach, the Performing Arts Center and the new residential structures
emerging in the downtown. The existing Watson Island Masterplan outlines a
small hotel, pro-active recreation fields and public open space. These areas
have been absorbed by the Parrot Jungle and the Children's Museum. There
must be no further diminishment of public land until there is an updated
master plan that addresses the following:
a. INFRASTRUCTURE CAPACITY
b. IMPACT ON MUNICIPAL SERVICES
MACARTHUR CAUSEWAY IMPACT RELATED TO THE
EXISTING AND PROPOSED WATSON ISLAND DEVELOPMENT
AND THAT OF THE SURROUNDING ENVIRONS OF MIAMI
BEACH AND DOWNTOWN MIAMI
CONFORMITY OF PARK AND OPEN SPACE RATIO
ACCORDING TO MIAMI'S COMPREHSIVE PLAN AND THE
NEED FOR MORE CREATIVE OPEN SPACE
e. PUBLIC ACCESS TO THE BAY AND A COMPLETED PLAN FOR
BAYWALK ACCESS FOR THE ENTIRE ISLAND
PEDESTRIAN AMENITIES AND ENHANCEMENTS
THROUGHOUT WATSON ISLAND
g. ENVIRONMENTAL IMPACT OF EXISTING AND PLANNED
CONSTRUCTION ON THE ISLAND
The Urban Environment League is opposed to the chronic give away, leasing
and sale of public lands on Watson Island without the above described study.
We urge the City of Miami to cease and desist with any plan to build an
FTAA Headquarters or any other non-water related public projects on the
Island.
With regard to the Island Garden Project, UEL objects to the following
conditions:
There is an imbalance of public use. The RFP required that "a critical
development objective for all of Watson Island is to BALANCE publicly
oriented uses with commercial development". After examining all of the
related documents and meeting with Island Gardens representatives, it is
evident the public amenities are sparse. In the contract between the City
of Miami and Island Gardens, the statement about public amenities is"
THE PROJECT IS INTENDED TO BE 'OPEN TO THE PUBLIC' AS
MUCH AS PRACTICAL".
The main public amenities are to be located on the 3rd level roof of the
parking garage.
Flagstone, the developer, is a private, for-profit entity. The deed
restriction precludes the sale, lease, license or permit to a private person,
firm or corporation. Therefore, there is a prohibition of time shares in the
hotel and marina. The City and the developer entered into an agreement
that allows for "time share licenses". A "time share license" is not defined
in City of Miami Chapter 2502, SPECIFIC DEFINITIONS. The "time
share license" skirts the spirit of the prohibition of lease or ownership and
appears to be a typical hotel use for the purpose of circumventing the
definition of a time share as defined by Fl Statutes Chapter 721.
The City of Miami has not guaranteed in the lease with Island Garden that
all public amenities proposed by the developer SHALL be completed.
The city and the developer provided a list of all Island Garden's public
amenities to the State for the purpose of obtaining a waiver of the
restrictive deed requirements. Most of those amenities do not appear in
the lease agreement. The following public amenities as stated on the
State's list do not appear in the lease documents:
A guarantee that Fairchild Garden will provide a unique
series of gardens
A children's playground "not intended to be a trivial
experience"
Specifics about the Historical Museum or South Florida
Maritime Gallery
Festival Terraces
Recreation dedicated to the public
A Promenade of Palms
A plan for Mega-yacht Tours
Details for a "learning center" to teach construction
trades to the unemployed during the construction phase
of the project
The existing Watson Island Master Plan outlined a hotel of"no more than
5 acres, nor a height of more than 30 feet above the Flood Plane Criteria.
The proposed hotel is more than 20 acres, including 1300 feet of shoreline,
a 1700 car garage and 221,000 square feet of retail space.
There are roadway access issues that may impact the required fishmarket
The city has made no plans to open additional greenspace and parkland as
approved in the City of Miami ordinance No. 12131 dated October 11,
2001 that states" all land not subject to a lease or authorized development
shall remain as open greenspace and park use". Now that the Greater
Miami Visitor and Convention Bureau has abandoned their plans to build
a Visitor's Center, that site must be joined with the adjacent 6 acre
parkland and rejected as a future development site. The city must cease
and desist with giving away, selling or leasing any more public land on
Watson Island. It should immediately reject a plan for the non-related
waterfront office building for the FTAA or any other development.
The city has not outlined the projects that will benefit from the proceeds of
the proposed hotel and marina development. This should be included as
part of the public process in developing the new Watson Island
Masterplan.
The lease allows for gambling boats, possible gambling casinos if
legalized and potential "private clubs" vaguely described as a "staff
lounge" or "an executive floor. Private clubs were strictly prohibited in the
RFP.
The UEL has presented this in-depth look at the flaws in the Watson
Island development plan. We are requesting your immediate attention to
these issues and a response to our request for a public process designed to
create a workable plan for one of Miami's most incredible pieces of public
waterfront plan.
Sincerely,
Nancy Liebman
President, Urban Environment League