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Attachment - 19CITY OF SOUTH MIAMI PLANNING BOARD Special Meeting Minutes Thursday, October 26,2017 CITY COMMISSION CHAMBERS 07:00 P.M. ATTACHMENT 19 The City o/South Miami Code of Ordinances, Section 8A-5, requires that all lobbyists, as defined in that section must register with the City Clerk before engaging in any lobbying activities and in most cases pay an annual fee oj $500.00 and an additional $100 for each additional issue. This applies to all persons who are retained with or without compensation to influence any action, decision, recomm with the city, including the city manager, city attorney, department heads, city personnel, or m the city commission or members oj any city board, concerning a matter that could foreseeably be ity commission or a city board. There are some exceptions and exemptions. The following are be lobbyist: a representative of a principal at a quasi-judicial hearing, experts who present. information at public meetings, representatives of a neighborhood association witho of a not-for-profit community based organization for the purpose of influence without special compensation. Individuals who wish to view or listen meeting can be found on the city's I. Call to Order Action: Mr. Basu II. Roll Call ns of the Subrata Basu (Chairman), Dr. Velma Palmer r. Gary Robinson, Ms. Aracely Alicea, and Mr. ompkins (Planning Director) and Mr. Marcus Lightfoot (Senior City Staff Absent: No City Attorney: Mr. Thomas Pepe Planning Consultant: Mr. Alex A. David, AICP of Calvin, Giordano & Associates, Inc. III. Administrative Matters There were no administrative matters from Staff. IV. Public Hearings 1 Please refer to the attached transcript for minutes pertaining to the Public Hearing Items. V. Public Comments/New Business There were no public comments or new business. VI. Approval of the Minutes There were no minutes to review. VII. Future Meeting Date: A} Regular Meeting -November 14, 2017 VIII. Adjournment . Mr. Basu adjourned the meeting 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 CITY OF SOUTH MIAMI MIAMI-DADE COUNTY, FLORIDA PLANNING BOARD SPECIAL MEETING AGENDA TRANSCRIPT OF PROCEEDINGS Thursday, October 26, 2017 7:00 p~m. -11:20 p.m. City Commission Chambers 6130 Sunset Drive South Miami, Florida Chloe Leroux, FPR Veritext Legal Solutions Page 1 305-376-8800 Page 2 I APPEARANCES 2 Planning and Zoning Board Members: 3 Chainnan Sub rata Basu LanyMelow 4 Gary Robinson Aracely Alicea 5 Velma Palmer Lee Jacobs 6 Sally Philips 7 City Attorney Thomas F. Pepe Planning Director Jane Tompkins 8 Alex A. David, AICP, Calvin, Giordano & Associates Zoning Review Coordinator Marcus Lightfoot 9 --- 10 II 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 3 1 PROCEEDINGS 2 3 CHAIRMAN BASU: Good evening. This is a 4 special meeting October 26,2017. Please rise for 5 the pledge of allegiance. 6 (Pledge of Allegiance.) 7 MEMBER PALMER: Mr. Chairman, before we start, 8 I would like to clarifY one thing. 9 CHAIRMAN BASU: Let me take roll of the 10 Members. 11 ATTORNEY PEPE: Here. 12 MEMBER MELOW: Here. 13 MEMBER ROBINSON: Here. 14 MEMBER ALICEA: Here. 15 MEMBER PALMER: Here. 16 MEMBER JACOBS: Here. 17 MEMBER PHILIPS: Here. 18 MEMBER PALMER: The question I have at this 19 time is, over the years, I don't know the charter 20 has changed, but ifit has, I would refer to the 21 attorney. I knew that only one person who sits on 22 the dais as Commissioner was able to attend a 23 Planning Board meeting. Has this rule been 24 changed? 25 ATTORNEY PEPE: No, there's no reason why a 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 4 Member of the City Commission cannot attend the meeting. They cannot participate in the meeting, if they're going to be voting on an item that's coming before you. So they can attend. They can listen, but they cannot participate. MEMBER PALMER: Thank you. CHAIRMAN BASU: Administrative matters for tonight? Do you have anything? Not at this time? DIRECTOR TOMPKINS: No, sir. CHAIRMAN BASU: Before we start, I would like to go over some procedural matters. First of all, there are sign-in sheets for or against, please. Sign in, if you're wishing to speak. So we'll call the matters according to the list. For the record, how many letters and e-mails and things are there, that we have gotten for and against? Do you havy any idea? DIRECTOR TOMPKINS: As of this afternoon, we have a total of 284 e-mails, and I believe every one ofthem was in support of the project. MEMBER PHILIPS: There was one that wasn't. MEMBER JACOBS: Yes, I got two or three. CHAIRMAN BASU: I'm talking about the City. MEMBER JACOBS: Oh, no. CHAIRMAN BASU: So City, you're saying that you're seeing 280-plus in support? Page 5 DIRECTOR TOMPKINS: Yes, through the clerk's office. CHAIRMAN BASU: So what we would like to do is read all items and make them on the table, and then we'll have a staff report for all seven items, as one staff report, so there's no overlap, and I'm hoping it can be done in 20 minutes. Then the applicant presentation, again, on all seven items. I'm hoping that we can make it through 45 minutes, an hour. And then if the board has any burning desire to ask any questions of the staff, and at that point, we can ask them questions, so when we deliver it, we have all the answers. MEMBER PALMER: Would it be appropriate to say one or two things that affect the --not the item itself, but I just wanted to say that because of the -- CHAIRMAN BASU: Can I go through the process first? MEMBER PALMER: Yes, of course. CHAIRMAN BASU: Once they make their presentation, then we'll have questions and answers at that time. Again, I just want to caution, that, 2 (Pages 2 -5) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 6 Page 8 1 just if you really have some burning desire to ask 1 If you intend to speak, stand up and raise 2 some questions at that time, go ahead and do that, 2 your right hand. 3 so that you're prepared to discuss the items when 3 (Therefore, members of the audience, that 4 the time comes. 4 stood and raised their right hands, were sworn in.) 5 After that, we'll open up the public hearing. 5 ALL: Yes, I do. 6 First, we'll go through the people that are for it, 6 ATTORNEY PEPE: Thank you. If you are going 7 and then we'll go through the people that are 7 to be speaking, when you come to the podium, just 8 against it. They'll have 3 minutes each. 8 advise us whether you've been sworn. If not, as we 9 So looking at the list, the list is about, 9 said, you might be a late-comer, and I will then 10 what, 20 people? Marcus, how long is the list. 10 swear you in individually. If you've been sworn 11 COORDINATOR LIGHTFOOT: For support, there are 11 in, you can begin your testimony. 12 17 names. 12 CHAIRMAN BASU: Ms. Palmer, you had some 13 CHAIRMAN BASU: That's an hour for the public 13 comments? 14 hearing, but more may come in. So that, right 14 MEMBER PALMER: Yes. Good evening, everyone. 15 there, is about 2 112 hours that we're talking 15 I just wanted to let you know, the material I 16 about. So it's 7:00, so 9:30, 9:45. We'll take a 16 received is very big, and I read everything and do 17 break, and then before we break, we'll give a 17 my best; however, I wasn't able to finish this and 18 chance to rebut the opposition, or if you want to 18 get back to Staff with my questions. Okay? 19 rebut the for, you're welcome to do that. Then we 19 Because here we have a lot of studies. We have 20 break. 20 complex materials. We have maps. We have 21 Then we'll have discussion on all seven items, 21 diagrams. You have to check references. We have a 22 and then we'll take each item one at a time and 22 lot of data. 23 vote on it. 23 So in saying that, I'm saying that I wasn't 24 ATTORNEY PEPE: I just want to make it clear 24 able to complete this. I know this must --and I 25 that if the applicant or the applicant's attorney 25 really hoped, I was hoping, that we would not have Page 7 Page 9 1 wants to cross-examine any of the witnesses, they 1 to do all of it at one time, because it is massive. 2 have the right to do so. 2 You know, you have to do your due diligence, and I 3 CHAIRMAN BASU: Should we swear everyone in? 3 don't think I am able to do the due diligence, when 4 ATTORNEY PEPE: It would probably be better if 4 I wasn't able to complete this book. 5 we do that. It's not necessary, since this board 5 It's a lot of information and should be taken 6 is not making an actual finding of fact or any 6 seriously, because, you know, this is a very 7 specific decisions. It's really making 7 important thing we're doing. And in all these 8 recommendations. But I think it would be good if 8 8 years I've sat up here, I've never seen anything 9 we swear them in. It won't hurt. 9 this massive, ever. 10 CHAIRMAN BASU: And what about the ones that 10 I don't know if I can vote yes on areas that I 11 come in? 11 wasn't able to read, because I really need some 12 ATTORNEY PEPE: What we can do is find out all 12 answers from staff, but I wasn't able to complete 13 of the people who are going to be speaking, let 13 all of those, and I wanted to do my due diligence. 14 them stand, raise their right hands, and I'll swear 14 However, I don't see anything, maybe it's in 15 them in, and then, when they approach the podium, 15 this study, but I didn't see it, the concurrency 16 they can advise us whether or not they've been 16 issues. I didn't see that. So I hope, later on, 17 sworn in or not, and if they haven't been sworn in, 17 as we proceed, somebody, if it's there, let me know 18 if they're a late-comer, we can swear them in then. 18 it's there, but I didn't see it. 19 CHAIRMAN BASU: Do you want to do that now? 19 CHAIRMAN BASU: All right. 20 ATTORNEY PBPE: Yes, we can do that now. 20 MEMBER PALMER: Thank you. So with that, can 21 Raise your right hand. 21 we start with a Staff presentation? 22 CHAIRMAN BASU: A lot of people didn't know 22 DIRECTOR TOMPKINS: Thank you. My name is 23 they had to sign in. 23 Jane Tompkins. I'm the Planning and Zoning 24 ATTORNEY PEPE: We know there will be 24 Director. First of all, I want to thank the Board 25 additional people. 25 for their cooperation and assistance. 3 (Pages 6 -9) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 10 CHAIRMAN BASU: I'm sorry, before you start, I can we read all the items into the record, starting 2 with the first one, taking turns, starting on the 3 right. 4 MEMBERMELOW: PB-17-02I: Applicant: FRIT 5 Shops at Sunset Place Fee Owner, LLC. 6 An ordinance amending the City of South Miami 7 to the City of Miami Official Zoning Map from Specialty Retail, SR, to Downtown SoMi, DS, on a 9.68-acre property known as the Shops of Sunset Place and as legally described herein. MEMBER JACOBS: No.5, PB-17-025: An ordinance pursuant to Section 20-5.7 and other applicable provisions of the City of South Miami Page 12 I 2 3 4 5 6 7 8 9 10 11 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 Comprehensive Plan approving the creation of the 8 Downtown SoMi, DS, land use category in the Future 9 Land Use Element for a mixed-use project on the 10 Shops at Sunset Place property and as legally II Land Development Code providing for a Map Amendment to the City of South Miami Official Zoning Map from Specialty Retail, SR, to Downtown SoMi, DS, on a 9.68-acre property known as The Shops At Sunset described herein. 12 Place and as legally described herein. CHAIRMAN BASU: All right. And if you could 13 MEMBER PHILIPS: PB-17-026: FRIT Shops at Sunset Place Fee Owner, LLC: read the second one. 14 MEMBER ROBINSON: PB-17-022: Anordinance IS A resolution pursuant to new Article XII Downtown SoMi District Regulations and Article V Procedures and Applications and other applicable provisions of the City of South Miami Land Development Code approving a request by FRIT Shops at Sunset Place Fee Owner, LLC, for Site Plan approval for a Mixed-Use Project consisting of providing for a Small-Scale Map Amendment amending 16 the City of South Miami Comprehensive Plan Future 17 Land Use Plan Map from Mixed-Use Commercial 18 Residential, four-story, to Downtown SoMi, DS, 19 195 feet, on a 9.68-acre property known as The 20 Shops At Sunset Place and as legally described 21 herein. 22 CHAIRMAN BAsu: Next, No.3. 23 MEMBER ALICEA: PB-17-023: Applicant: FRI 24 Retail, Office, Residential, and Hotel components on The Shops At Sunset Place property as legally described herein. Shops at Sunset Place Fee Owner, LLC: 25 CHAIRMAN BASU: Those are all the seven items. Page 11 Page 13 I An ordinance pursuant to Section 20-5.7 and I I understand there's an appearance on the 2 other applicable provisions of the City of South 2 phone, that would like to welcome everyone, if 3 Miami Land Development Code creating Article XII, 3 that's okay. 4 Downtown SoMi, DS, district regulations; modifying 4 ATTORNEY PEPE: Yes, he's just going to be 5 Section 20-3.1 zoning use districts and purposes A 5 addressing the audience. 6 and B, modifying Section 20-3.3D permitted use 6 MAYOR STODDARD (Via Speakerphone): Good 7 schedule; creating Section 20-3.3F, outdoor 7 evening, everyone. I just want to welcome you to 8 seating/dining, within the Downtown SoMi, DS, 8 the Commission Chambers, and thank you for coming 9 zoning district; modifying Section 20-3.5B and C 9 and showing your interest. 10 dimensional requirements; creating Section 20-3.51 10 I want to give special thanks to the Planning II dimensional requirements Downtown SoMi District; II Board. It's probably the most significant and 12 modifying Section 20-3.6 supplemental regulations; 12 important matter to come before the Planning Board 13 modifying Section 20-4.3 sign regulations; 13 in a couple of decades, and I very much appreciate 14 modifying Section 20-4.5 landscaping and tree 14 everybody's interest and diligence in reviewing the 15 protection requirements for all zoning districts; 15 proposals, and I hope everybody is able to come 16 modifying Section 20-4.5.1 tree protection; 16 together and make the wisest decision on behalf of 17 modifying Section 20-5.11 site plan review 17 the City. 18 approvals; modifying Section 20-6.1 administrative 18 I wish I could be there in person, but I've 19 entities in order to effectuate a mixed-use project 19 got a sloppy cold, and I thought it best not to 20 on the Shops at Sunset Place property as legally 20 infect you all. I wish you the best of success, 21 described herein. 21 and thank you all. 22 MEMBER PALMER: Request4,PB-17-024: An 22 MEMBER BASU: Thank you, Mayor. So now the 23 ordinance pursuant to Section 20-5.7 and other 23 staff presentation. 24 applicable provisions of the City of South Miami 24 DIRECTOR TOMPKINS: I would like to thank the 25 Land Development Code providing for a Map Amendment 25 public for coming out and sharing your comments 4 (Pages 10 -13) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 14 Page 16 1 with us tonight. We're excited to finally be at 1 go forward. 2 this stage of the review process and very much 2 Weare also requesting a zoning map change to 3 interested in hearing your thoughts about this 3 show the new district, the DS district, and also to 4 project. 4 remove this property from the Hometown Overlay 5 Seeing that South Miami is largely built out, 5 District. 6 we don't see a lot of projects of this magnitude, 6 And the final request is for the initial site 7 with the potential to change the shape of the 7 plan to be recommended for approval by the Board. 8 community. We're excited to have so many people 8 I'm going to go back to 1982, and, actually, 9 interested and involved in this project. 9 yesterday was the 35th anniversary of the approval 10 I'd like to make one administrative note. 10 of the Bakery Center, so it's very interesting that 11 There was an additional applicant this afternoon, 11 that happened 35 years ago. 12 distributed to each of your places. It was some 12 I just want to walk through a bit of history. 13 resume background information on the applicant's 13 What was approved at that time was a 14 design team, so more information submitted by the 14 540,000-square-foot office, two office buildings, 15 applicant late this afternoon. 15 maximum height of 300 feet, 300,000 square feet of 16 It's my pleasure to introduce Mr. Alex David. 16 retail, 20,000 square feet of gallery area, 300 17 Mr. David and his firm, Calvin, Giordano & 17 hotel rooms, 110,000 square feet of mall area, and 18 Associates, has over 30 years experience in 18 3,000 parking spaces. 19 planning, mostly in Miami-Dade County, an expert in 19 What was actually built during the first phase 20 traffic engineering and has been invaluable to us 20 was 245,000 square feet of retail, 25,000 square 21 as we've been reviewing this project. 21 feet of movie theater, which was 1400 feet at that 22 So without further ado, I'm going to tum this 22 time, 261,000 square-foot parking structure, which 23 mic over to Mr. David for his presentation on the 23 held 751 spaces. And if anyone has been a resident 24 Staff Report. Thank you. 24 for a long time, they'll remember there's also 25 MR. DAVID: Good evening, Planning Board 25 surface parking on the north side of the Bakery Page 15 Page 17 1 Members. Again, I'm Alex David. 1 Center, and that consisted of 403 spaces. 2 Could we get the Power Point up? Thank you. 2 rfPhase 2 would have gone forward, it would 3 As everyone knows, Sunset Place is a very 3 have included more retail and the hotel and 4 important part of this community and has been for 4 offices' gallery components. 5 years. The address of the application is 5701 5 As we all may remember, that Bakery Center was 6 Southwest 72nd Street. This is just an aerial, 6 demolished in 1996, to be replaced with The Shops 7 where it shows the outline of the property that 7 at Sunset Place, and what is currently, the current 8 we're dealing with tonight. It's a 9.6-acre 8 configuration, is up on the screen, 524,000 square 9 parcel. 9 feet of shopping, which includes the theater, 10 I just wanted to let everyone know, on the 10 15,000 square feet of office space, and the 40 11 record, that notices were sent out to property 11 residential units above Sunset Drive. 12 owners within 500 feet of this property, on October 12 The proposal before us today is for 440,000 13 13th, and this was properly advertised in the 13 square foot of shopping center, which includes the 14 Herald on October 15th. 14 4,000-seat movie theater, the existing, upping the 15 There are six requests before us, the text 15 amount of office to almost 33,000 square feet. 16 amendment to the Comprehensive Plan to create the 16 The 40 existing units would be maintained, and 17 new land use district, which would allow this 17 then added to this would be 414 rental apartment 18 property to be developed. Also, we have to do the 18 units, in two buildings, a 182-room hotel, 19 map change to show the Downtown SoMi district. 19 additional parking on the existing garage, two more 20 There will be, also, proposed text amendments 20 levels, totalling 472 spaces. 21 to the land development code to create the new 21 And then, underneath the hotel area, which is 22 regulations, to permit this application, again, to 22 on the north side of the property, there's a 23 be developed. And other sections of the code have 23 proposal to do 216 additional parking spaces. And 24 to be amended also, such as parking, landscaping, 24 additionally, there will be landscaping 25 signage, and a few other things, to allow this to 25 improvements and reconfiguring of public spaces and 5 (Pages 14 -17) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 18 Page 20 1 plazas and opening up the feel of the existing 1 commercial residential. The proposal in the 2 facility. 2 downtown SoMi land use category is an FAR of 3 .0, a 3 This is just a rendering bf part of the 3 density of 65 units an acre, maximum height of 4 proposal. Since it's such a large project, there's 4 195 feet. 5 two phases contemplated. The first phase is a 5 What the actual proposal is is coming in less 6 partial demolition of the northern half, fronting 6 than that, and that's what we'll be reviewing 7 Red Road, the renovation of the existing structure. 7 tonight later on as part of the site plan. The FAR 8 And the second phase would be coming in to demolish 8 proposed is 1.47, which is less than what would be 9 more of the north portion of the property and 9 allowed under the mixed-use commercial residential, 10 constructing the three buildings, the two 10 a density of 47 units an acre, and a maximum height 11 residential towers and the hotel and building 11 for two heights. 12 underground parking and an additional two levels. 12 In the Phase 1 component, which is were the 13 And this is just the phasing plan, so what is 13 existing mall is, maximum height is 70 feet as 14 shown in pink would be dealt with during the first 14 proposed, and as I stated, where the two pennanent 15 phase, and the blue is the second phase, which is 15 buildings are, the height is proposed to be 195 16 the construction of the new buildings and into the 16 feet, a maximum. 17 parking garage and a few other things. 17 As part of our review, we did review the 18 The surrounding property, basically, is US-l 18 Comprehensive Plan to detennine compliance with 19 and the TODD land use to the northwest. This is 19 that document, an important document, and we've 20 commercial to the south, commercial to the east, 20 reviewed certain objectives and goals, and this 21 Coral Gables, and also commercial to the west of 21 redevelopment does discourage urban sprawl and will 22 this project. 22 achieve revitalization and renewal of areas of the 23 So the first request deals with a text 23 city, and it would pennit a diversity of housing 24 amendment to the Comprehensive Plan to create the 24 types. 25 new district, and what the slide shows is just the 25 Also part of our review is, we look at Page 19 Page 21 1 major requests to amend the Comprehensive Plan. 1 something called concurrency, which deals with 2 So basically the height requested, the maximum 2 level service standards for certain infrastructure; 3 would be 190 feet on the northern portion. That 3 roads, parks, water, sewer, drainage. And we 4 would be the two apartment buildings and the hotel, 4 reviewed this application pursuant to those 5 permitted floor area of 3 .0, and then residential 5 regulations, and they are compliant with all water 6 density up to 65 units per acre. 6 and sewer. 7 And the second request is just amending the 7 There's plenty of capacity left. That is a 8 Comprehensive Plan future land use map to create a 8 function of Miami-Dade County. There are tens of 9 new color, basically, on the map, showing the new 9 millions of gallons of capacity left, so this 10 Downtown SoMi District. 10 development doesn't have an impact on those. Parks 11 Basically, the first two comprehensive changes 11 level of service, the city parks level of service 12 are permitted under Florida statute, dealing with 12 is met, so they're compliant with that. And 13 process for small scale plan amendments. This 13 basically that's it for that. 14 application does meet the criteria and complies 14 The Planning Board duties, some of the powers 15 with this statute. 15 and duties of the Planning Board, and this is why 16 What I wanted to bring up very briefly is a 16 this is before them, is to look at various 17 comparison between the existing mixed-use 17 districts, look at boundaries, boundary changes, 18 commercial residential district land use category 18 zoning regulations, and uses of land within the 19 and the proposal and what they're requesting in the 19 city. And as part of their charge, the Planning 20 . actual proposed development. 20 Board should consider factors, including 21 Currently, the mixed-use commercial 21 neighborhood character, suitability ofthe uses 22 residential has an FAR of 1.6, density of 24 units 22 proposed, looking at a comprehensive plan of the 23 an acre, and a maximum height of 50 feet for that. 23 city. So that is part of their charge. 24 Hometown District Overlay, which overlays the 24 And, finally, the Board, as part of, again, 25 site, is the same, consistent with the mixed-use 25 their duty is to make a recommendation of approval, 6 (Pages 18 -21) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 22 Page 24 I denial or approval, of conditions of this 1 they are in compliance with those proposed 2 application. 2 regulations. 3 The third request is a text development of the 3 And just as a note, what they are proposing, 4 land development code to create this new district, 4 for the vast majority, the uses are similar. There 5 so this would be a unique district for this 9-acre 5 are some new uses, but for the most part, it's 6 site, so the regulations would now only apply to 6 similar to what's allowed under the specialty 7 the Sunset Place parcel. 7 retail district. 8 And as part of our review, I thought it would 8 So, again, this plan is consistent with what 9 be important to look at the zoning and create a 9 they're proposing in the planned development 10 comparison chart with what's permitted under the 10 regulations. 11 specialty retail district and Hometown Overlay and 11 So with that, we're recommending approval of 12 the Downtown SoMi District which is proposed. 12 the six requests, approval with conditions, and 13 So, again, we've gone through the FAR, which 13 there are about 30-some conditions, 27 conditions, 14 is a bit higher. Density, again, is 24 versus 65, 14 but I just want to highlight a few of them: 15 and the maximum heights permitted is 50 versus 195. 15 That the proposed element is in substantial 16 We've reviewed the landscape codes, what is 16 compliance with what was submitted, and there were 17 existing and what is proposed. There are 17 a number of documents and plans submitted, so 18 differences there. The sign age plan, what is 18 anything that's developed would have to be in 19 proposed is to create a massive signage plan for 19 compliance with that; 20 the exterior of the mall, so that will be part of 20 That all offsite improvements are required to 21 the review process in the future. 21 be completed prior to the first certificate of 22 Again, we look at parking. This is, again, 22 occupancy for Phase 2; 23 important. The requirements of the existing code, 23 That the property is landscaped in accordance 24 spaces per unit, spaces per commercial retail use, 24 with the submitted landscape plan; 25 so we've done that comparison, and the proposed 25 That applicant designer propose bicycle and Page 23 Page 25 1 sides, the right side now is 9-by-18, and they're 1 pedestrian safety improvements along the adjacent 2 proposing an 8.5-by-18 space. 2 road segments per the South Miami Intermodal 3 Another item is currently --these 3 Transportation Plan dated January 2015; 4 developments are required to go to Environmental 4 And, finally, one of the major other 5 Review Preservation Board. Under the new proposal, 5 conditions is to obtain approval for the master 6 that would not be required. 6 signage plan prior to submitting building permit 7 And part of the request is to rezone the 7 approval. 8 property from specialty retail to the downtown 8 So next steps, the recommendation ofthe 9 zoning district, the new zoning district. And, 9 Planning Board would be moved forward if they did 10 again, part of the Planning Board's powers and 10 make a recommendation to the City Commission, which 11 duties is to look at these rezoning and land II would hear, again, all six items. There's the text 12 development codes and requests. 12 amendment, the land use map change. 13 The applicant is also requesting to be removed 13 What's interesting about those, they do need 14 from the Hometown Overlay district, again, to 14 to go to the State after adoption of the second 15 achieve what they're proposing to do. So there are 15 reading; whereas, the zoning code, the zoning maps, 16 some requirements in the Hometown Overlay that, 16 and site plan do not. So they could all be heard 17 really, they felt they needed to get away from to, 17 in one hearing, as they are tonight, but the site 18 you know, to do this development. 18 plan would not become effective until 30 days after 19 Last but not least, Request 6 is initial site 19 the adoption, after the City adopts the text 20 plan approval ofthe Shops at Sunset Place. Again, 20 amendment and the future land use map amendments. 21 when we reviewed this, this is a new zoning 21 The adoption hearing date is coming --not the 22 district, new regulations, development standards, 22 adoption, the first reading at Commission is 23 that would be applicable only to this parcel, so we 23 scheduled for November 6th, and then, after that, a 24 reviewed what was submitted on plan, to what could 24 couple weeks, I would assume, it would be heard at 25 be proposed under the new district regulations. So 25 the adoption hearing. 7 (Pages 22 -25) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 26 Page 28 I And with that, I close my presentation. 1 promise to go as fast as I can, as long as you all 2 CHAIRMAN BASU: Thank you. 2 promise to interrupt me if! go too fast or if! 3 ATTORNEY BASS: Mr. Chairman, Members of the 3 blow through something that's an area of interest, 4 Commission, Ms. Palmer, nice to see you again, and 4 where you have some questions. 5 welcome to the Members of the City Commission who 5 So I'm going to walk through the macro 6 are present here or who may be listening to us. 6 planning and legal issues, before I introduce 7 Jeffrey Bass is my name. 46 Southwest First 7 Mr. Bernard Zyscovich, who will walk you through 8 Street is my address. It's my great privilege to 8 the design of this plan and the particular 9 be representing the owner applicant that's before 9 architectural decisions that are animating it. 10 you, Federal Realty, Grass River, and the Comras 10 After Mr. Zyscovich, Mr. Victor Dover is going 11 Company. 11 to talk to you about this plan and the Hometown and 12 We've been at this for some time. It's been 12 how this plan synergizes with the Hometown. After 13 quite a road that we've traveled to get here, and I 13 Mr. Dover, Mr. Tim Plummer will present briefly th 14 would like to thank your City's Professional Staff, 14 issues of traffic and concurrency, to make sure we 15 you all, your City Manager, for having the special 15 have an opportUnity to fully flesh that out, for 16 meeting and taking the time that this very 16 those of you who have a question or two about 17 important application deserves for its review. 17 traffic. And after that, I'm going playa video 18 I'm exceptionally proud of the community 18 for you that shows what this project is really all 19 outreach that we've undertaken before coming before 19 about. 20 you this evening. One year ago, one year ago, we 20 I would like to take just a step back and do 21 had our first community meeting. We had five 21 my very best to simplify this, because these 22 community meetings, where we've hosted members of 22 documents are complex and in the abstract, but 23 the neighborhood. We've had countless small-group 23 together, they work singularly to allow this City 24 meetings. We've walked the sidewalks in the 24 to approve what we believe to be the very best 25 streets of South Miami, as evidenced by the great 25 chance for success for the Shops at Sunset and for Page 27 Page 29 1 turnout that you see behind me. We've had I the continued life and vitality of the downtown 2 small-group dinner parties. We've had large 2 district. 3 meetings. 3 We'll also have our landscape expert here to 4 And I'd be quite proud to say, that, for our 4 answer any questions you have about landscape. And 5 neighborhood meetings that we've hosted, we mailed 5 at the conclusion, I'm going to ask this Board to 6 notice for those informal meetings to the owners 6 please recommend favorably to the Commission that 7 within 500 feet, just as your City mailed notice 7 they adopt every one of our six requests. 8 for tonight. 8 There's a theme that surrounds this project, 9 So we embarked on an exceptionally aggressive 9 and that theme can be stated this way: This is the 10 campaign to make sure that the members of this 10 right project, at the right place, at the right 11 community were well informed about our development 11 time. As we walk through the presentation this 12 program, and we've had meetings of November, 12 evening, we hope to be able to demonstrate to you 13 February, March, May, and August, through 2017, and 13 why that's the case. 14 we held a separate meeting where he hosted the 14 Let me start with place. This is the most 15 South Miami Neighborhood Association, to make sure 15 suitable place in the city of South Miami for a 16 that we communicated with the representation in the 16 truly mixed-use urban development district, 17 lager community and included them, even if they 17 dominated by life and bodies, morning, noon, and 18 were owners outside of the radius. 18 night. We're located on a principal arterial, 19 I'm quite proud of the outreach and the 19 US-I. Weare surrounded by minor arterials, Red 20 conversations that it's created and the friendships 20 Road and Sunset, and, to state the obvious fact, 21 and relationships that have come forward. 21 we're directly across the street from the 22 I would like to outline for you, Mr. Chairman, 22 Metrorail. 23 our presentation and the sequence of our 23 So as it relates to why this place is 24 presenters. We hope to walk you through, as 24 suitable, there are some indisputable facts that 25 swiftly as possible, this very important plan. I 25 render it suitable for vital mixed-use development, 8 (Pages 26 -29) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 30 Page 32 1 and Mr. Zyscovich will talk to you a little bit, 1 rezonings outside this area, and it continued to 2 when we get into the design, about how those 2 increase the City's tax base and fiscal health for 3 primary factors help shape some of the design 3 new development and redevelopment, increased 4 decisions about where we place certain aspects of 4 property value, annotations, impacted these plans 5 our program on our site. 5 and other strategies as appropriate. 6 Now, to the extent that there is a question 6 When you look at the question of place and you 7 about the suitability of this site for this type of 7 look at our application through the lens of your 8 development, that question was asked and answered 8 Comprehensive Plan, you will see that this project 9 in the '70s, when we came together as a community 9 really represents the embodiment and the 10 to pass, at that time, the largest bond issue in 10 implementation of your Comprehensive Plan and its 11 the history of America, which was called the Decade 11 direction for where growth should be. 12 of Progress. We passed the Decade of Progress 12 Again, to break it down, we're across the 13 bonds at the ballots, by a vote of 2 to 1, to fund 13 street from the Metrorail transit station. We're 14 the system that we called Metrorail. 14 creating a new district, and we're containing that 15 And the quo for the quid of approving 15 new district, and the net effect of that is a place 16 Metrorail was the recognition that transit doesn't 16 where people can live and ride transit. 17 work if you have to drive to the transit. If you 17 And from a planning perspective, what does 18 have to drive to the transit, you've defeated the 18 that do? That decreases the pressure to sprawl, 19 very idea of having mass transit. To fulfill the 19 which is a policy that, as a city, we've agreed we 20 mandate of Metrorail, you need to place density 20 should be doing. 21 near the transit, and this application does just 21 The State of Florida has similarly adopted 22 that. 22 policies that discourage urban sprawl. Here I need 23 For a long time, myself included, we referred 23 to get a bit technical, for a moment, and preview 24 to it as "metro-fail." It was a system that nobody 24 what you will hear from Mr. Plummer, and Ms. Palmer 25 used, but we have, in our application materials --25 raised the issue of concurrency, and I know she Page 31 Page 33 1 I'll ask Ms. Vaughan to put up a chart that shows 1 does her homework. 2 the staggering increase in ridership in Metrorail. 2 To discourage sprawl, the State of Florida 3 Now, it's interesting, the Metrorail ridership 3 created a mechanism to allow urban growth to occur 4 spiked when the gas prices rose, and people took to 4 where it should occur, and that mechanism is known 5 Metrorail to save money. But when the gas prices 5 as a transportation concurrency exception area, 6 eased back, people continued to ride Metrorail, 6 which we abbreviate as TCEA. This property is 7 because they realized that it was a much better way 7 located within a TCEA, which means the State of 8 to get to and from downtown, than sitting in 8 Florida, by law, has said you cannot deny an 9 bumper-to-bumper traffic, in a single-occupant 9 application within a TCEA based on traffic. To say 10 vehicle, going nowhere fast. 10 the same thing differently, it would be unlawful 11 So the Metrorail is alive and well. You can 11 for you to deny application within a TCEA based on 12 see it's not only the South Miami station that has 12 traffic. 13 experienced exponential growth, but the system 13 These points, I'm quite pleased to say, are 14 overall has experienced exponential growth. 14 academic, because Mr. Plummer will tell you, that 15 As a city, this city adopted a policy that is 15 even if you were going to apply a concurrency 16 anti-sprawl. In its constitution for growth, the 16 analysis to us at all ofthe appropriate 17 Comprehensive Plan, the city has enshrined its 17 intersections, we absolutely satisfy the adopted 18 commitment against sprawl in two primary policies 18 levels of service and, in fact, do not create any 19 that are before you. 19 new PM peak trips during the critical hour, and we 20 The Policy 2.1.3, which is on the board, 20 do that because this is a mixed-use project, and 21 discouraged urban commercial sprawl by promoting 21 the mixtures of use complement one another and 22 growth in the area surrounding the Metrorail 22 allow us to internalize trips. 23 transit system by creating a district for new 23 I don't want to steal all ofMr. Plummer's 24 growth, which it contained, transit-oriented, and 24 thunder, and he will be more than happy to 25 thereby relieving the pressure for commercial 25 elaborate for you, when he speaks. 9 (Pages 30 -33) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 34 1 And if there's any question about that, the 2 City hired its own outside traffic expert. I think 3 it's very important for the members of the public 4 who are here, to know the City hired its own 5 expert, and it's own expert has reviewed 6 Mr. Plummer's findings and concurs with them. 7 Now, let me move to the right time. We talked 8 about the right place, the right time. Retail is 9 changing and being challenged in ways that were 10 unimaginable 5 years ago. Many of the stores in 11 the core of our downtown are closed, and those that 12 are not closed are on life support. 13 If you walk from Red Road along Sunset Drive, 14 you will pass closed storefront after closed 15 storefront, which, by all measurements, should be 16 the intersection of Main and Main. It should be 17 the most bustling commercial intersection, and yet 18 storefront after storefront there is closed. 19 Our merchants, our restaurant owners are 20 facing competition from e-retailers and online, 21 sure, but they're also facing competition from the· 22 city of Coral Gables and Dadeland and Merrick Park 23 and I'm not that old, but they're facing 24 competition from shopping destinations that didn't 25 exist 5 years ago, the City Center, downtown Doral, Page 35 I the Design District, Wynwood, Midtown. There a lot 2 of reasons not to go to South Miami. These are the 3 reasons. 4 We're giving people a reason to stay in South 5 Miami, to shop in South Miami, to live in South 6 Miami, and to keep their offices and places of work 7 in South Miami. 8 The time is right now, because you have a very 9 unique opportunity. You have a team of people 10 before you with the capital, with the expertise, II with the commitment, with the incredible authentic 12 local knowledge, who've lived here their whole 13 lives for generations, to deliver to you a project 14 that we hope, at the end of the day, becomes South 15 Miami's living room, so we don't have to drive to 16 the Gables, so we don't have to drive to South 17 Beach, to go eat in a newly exciting restaurant or 18 to walk around and meet friends. 19 What you~re going to see in this application 20 is an incredible commitment to the public realm. 21 We are demolishing substantial portions of the 22 center, so we can create the San Remo Plaza, a 23 place, a public park, within our property, where we 24 hope people can gather, and we hope that it becomes 25 a center for our town, just like all these other 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 36 competitors have centers in their town. Before I turn it over to Mr. Zyscovich, I . would like to transition for a moment about height and talk about height, because I know that's a topic that's of importance to many people. I would like to address it preemptively. And I'd be more than happy to discuss it in my rebuttal. And, Mr. Chairman, I would like to reserve some time for rebuttal, if you allow us for it. I'm not going to apologize about our height. Our buildings are tall where they should be tall. To talk about height in isolation is to engage in conjecture. Height needs to be discussed within scale. It needs to be discussed within the suitability of the location. So where did we locate our height? We located our height far away from single-family residential neighborhoods. We located our height far from where we would impact anybody. We put our heigh next to six lanes of US-I, a principal arterial, and the Metrorail right-of-way. And when you see the design that comes before you, you will see compositionally, architecturally, our height is perfectly suitable for where we placed it. And I would like to note, on Sunset and as we Page 37 tum the comer of Sunset, our application does not touch that height. We're going to be re-skinning and freshening and rejuvenating and reinvigorating Sunset, as it wraps around Red, to a pivot point on San Remo. But we are not increasing heights of this project on Sunset Drive. We hope to enhance our own face on Sunset, so that we can be a better partner with the existing fabric of Sunset Drive. I'd like to say, we're not next to a park. We're not next to an ocean. We not next to a historic monument, where we put these heights. Our height will not interfere with anybody's use of their property, and it will not adversely impact anybody in any way. Florida, for 50 years, has not recognized our right to a view as a matter oflaw. Even if it did, we're not blocking anybody's view of anything. What we're doing is putting the critical amount of people in a hotel and in apartments, to ensure that we animate both this center and the streets of Sunset with people who want to live there, work there, eat there, shop there, and call that home. I've heard said that the greatest mass transit invention of all time is not the train, but the 10 (Pages 34 -37) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 38 I elevator. Because the elev.ator allows people to 1 2 live in highly efficient buildings, where we don't 2 3 sprawl out into the suburbs, taking our farmland 3 4 and our agricultural land out of production, to 4 5 build just another suburban subdivision. 5 6 An elevator is what allows for urban living 6 7 and to be sure that this project was all about 7 8 creating a vital, urban, contained district, right 8 9 next to the Metrorail. 9 10 Our height allows us to bring elegant design 10 11 to a signature gateway location, where it is 11 12 greatly needed. 12 13 And with that, I would like to tum it over to 13 14 Mr. Zyscovich, who will walk you through the actual 14 15 design, and then Mr. Plummer and Mr. Dover will 15 16 address you. 16 17 CHAIRMANBASU: If you are wishing to speak, 17 18 there's a sign-in sheet for "for" and "against," so 18 19 you need to sign up on the appropriate list. Thank 19 20 you. 20 21 MR. ZYSCOVICH: Mr. Chairman, Members of the 21 22 Board, thank you for the opportunity to address 22 n ~ n 24 My name is Bernard Zyscovich. My offices are 24 25 in downtown Miami, lOa North Biscayne Boulevard, in 25 Page 39 1 downtown. In actuality, I grew up in Miami Beach. 1 2 I've been a user as well as an architect of Sunset 2 3 Shops in South Miami for years. 3 4 So what I would like to do so is, first of 4 5 all, describe to you the intent. What I understand 5 6 and the team that's been working with me is that 6 7 this is an opportunity that doesn't come along very 7 8 often, and we understand, with the tremendous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 amount of importance and, frankly, a lot of honor, 9 that we have an opportunity here to make something 10 of significance, that can help this property, 11 because this is possibly the most important 12 property that you have in the city. 13 So we want to let you know that we've been 14 studying this for a long time. We also want to let 15 you know that we see this as an opportunity to 16 create something very special. 17 I do this a lot, and I work with many 18 different clients, many different attorneys, and I 19 want to emphasize one thing, that all of the 20 documentation that is before you regarding planning 21 and zoning is really, in many respects, the direct 22 result of the design. So this is not simply a 23 legal request. This legal work has really been 24 done to deconstruct what the design has been 25 Page 40 creating, and the creation of the design is very respectful of the existing character of the city and also very much in line with making sure that we protect it and that we enhance it wherever possible. So with that, I'll take you through what we've done, and I think you'll see what we mean. First of all, here's the context map. This is the Metrorail. Here we have US-l, Red Road, Sunset, and here is this aerial, which shows you, in many respects, what has been here for all of these years. It's an open space internally, and it is a garage off of 58th, but when you look at the character that surrounds it, you see that the shops are pretty much continuos all throughout, with one really big exception, they don't, other than Sunset, have shops that open up to the street. There are very few places where you can come through into it. And one of our big objectives, when you look at it from the big picture, is that we want to take the beaming, and all of those popular activities that were happening in the '70s and '80s, which were designed, basically, for one idea, to keep Page 41 everybody inside. South Miami, to my knowledge, and I'm sure you will agree, is a beautiful downtown, that has people strolling in the streets. The grid and their connectivity are very important, and I would like to emphasize, that that is a very big part of what we're trying to do. The location of walking along US-I, if you've ever tried to do that, is not pleasant, very, very narrow sidewalks, and we're going to show you in the presentation how we've gone out of our way to increase the setbacks to create more landscape and more public space. And we're also going to show you in what areas we're choosing to demolish, what we're thinking of in Phase 2 and show you what Jeffreally accurately described as a significant increase in the public realm. In plain English, what that means is open space, park, park-like space, setbacks, sidewalks, etc. So when you look at the existing conditions in this location --you know, the pictures often tell you the reality that you pass every day in a different way, and I think that these photographs of the existing shops really show you very clearly 11 (Pages 38 -41) Veritext Legal Solutions 800-726-7007 305-3 7 6-8800 Page 42 Page 44 1 the lack of opportunity for landscape, how themed 1 project, I don't know how many of you drive in from 2 the buildings are. They're full of color, but 2 your parking garage or walk in, but if you are 3 they're not full oflife. 3 someone who drives in, what confronts you, when you 4 And I think that when you go back to the right 4 enter, is a maze of ramps and stairs and 5 place and the right time, that is really about 5 impediments, that are not even aligned in the same 6 trying to turn this project inside out and have as 6 elevation. 7 many people on the sidewalk, shopping, as would be 7 And one of the ideas is that we're going to be 8 inside, and to use it as a true mixed-use 8 creating a new space up here, on the second level 9 destination, which is what we're after. 9 of retail, which allows you to come into an open 10 Ifwe can go to the next one. So let me take 10 space, walk down, and enter into the center. 11 you through the site plan. Here you have our 11 So in Phase 1, what we're really doing is 12 proposed site plan, and after all, this is 12 we're removing footprint. We're not adding height. 13 important, because what we're asking for is the 13 We're doing one new addition in here, where we 14 site plan approval. 14 demolish the giant stairs, and we put in something 15 You can see here that this area, along Sunset IS new, and then we open up the space, and that is our 16 and through this zone, we're going to show you in 16 Phase I proj ect. 17 our drawings, that what we're doing is freshening 17 So Phase 1 is, in many respects, a major 18 it up, taking the themed elements off, and 18 change in the way the project feels and looks, but 19 essentially creating a new vision of what is, in 19 we've saved the new development for what we're 20 many respects, already there. 20 calling Phase 2, which is where the hotel is, the 21 Once we turn the corner, we're going to be 21 two apartments, the drop-off, and the valet. 22 taking the Red Road elevations and going ahead and 22 So here's another aspect of how we're changing 23 increasing the amount of space where people can 23 the site that I think is very important. When you 24 access into the project. But most importantly, 24 enter off of Red Road and you come in, we want to 25 we're going to be creating a new space in here, 25 have a lay-by or a drop-off, where you can come Page 43 Page 45 1 which is the demolition of this portion of the 1 into the hotel, but San Remo will be reconfigured, 2 existing shops. 2 and it will be both direction, so our thinking is 3 When I go to this drawing, I think you'll see 3 you can drive in, you can also drive out. If 4 it more clearly. This project has many, many 4 you've ever driven in off of the US-l entry, you 5 attributes that we think requires some attention, 5 know that the building is above your head, and it 6 but I think this drawing shows you most clearly 6 looks like you're entering a tunnel. Part of the 7 what we're really changing. 7 plan in the demolition is to remove that space, so, 8 The footprint of Sunset, Red, the area along 8 just like the rest of your city, this street and 9 the main street, the parking, all the that, we're 9 that street are now open to the sky, and this 10 not actually touching. The footprint remains to 10 really begins to feel like a block, as opposed to a 11 same, and with the exception of adding a couple of 11 run-on sentence, which is the way the mall feels 12 floors of parking, we're not adding any height or 12 right now. 13 changing any volumes. 13 So these are the main considerations that come 14 In fact, we're doing the opposite. And this 14 into play with the way that we've approached the 15 is a very unusual thing that most developers would 15 plan. 16 not do. They're taking away this piece of the 16 I also want to draw your attention to one last 17 building, and I'll show you later on what that 17 thing on this plan; which is, the sidewalk along 18 looks like, in order to create a new entry point 18 US-I, we're setting back this building an 19 right here, on San Remo. 19 additional 1 0 feet beyond the property line, and on 20 We're changing the way the buildings look, so 20 the comer, an additional 30 feet beyond the 21 that we can create a new entry experience on 21 property line. 22 Sunset, same scale, same character, we hope you 22 So the sidewalk will vary between 20 and 23 agree, better architecture, better design, that 23 50 feet, so that we have room for mature landscape. 24 actually has a new, fresh look. 24 We've heard, loud and clear from the people, that 25 But when you look at the other aspects of the 25 we want shade trees. This will be predominately 12 (Pages 42 -45) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 46 Page 48 1 shade trees. It's going to be pedestrian friendly. 1 ground floor, reconfigure the way the building 2 It's going to have the walkability issues, that we 2 looks, and take these stores and these 3 think everybody will be in favor of. 3 opportunities and, actually, tum them outwards, 4 Next slide. So now let me take you through, 4 toward the street, make them more walkable and much 5 quickly, some of these images. I am sure you're 5 more friendly. 6 very familiar with this image. What we're not used 6 Next, thank you. Now we get to the point 7 to looking at is how dark it looks under here. 7 where you can see, in this drawing, the aerial that 8 This has been an issue forever. 8 shows you what the project looks like, the bridge 9 I remember when it was Rain Forest. I 9 and San Remo, and what we'te proposing to do. This 10 remember all the different iterations that have 10 is from the same location. What we're proposing to 11 happened. But when you enter right here, on the 11 do is, at this new point, create a new facade, 12 main street, we understand that we need to really 12 because we're, actually, carving the building back, 13 change this facade. What we're planning to do is 13 all the way to here. 14 leave the height the same, the scale the same, the 14 So why are we doing that? We're doing that 15 square feet is the same, basically everything else 15 because the important thing is to set the proj ect 16 is the same. 16 up to be successful and to make a sense of place, 17 What we're planning to do is remove the 17 to have it be an incredible community asset, as 18 gingerbread and go ahead and calm down the color 18 well as an asset for ourselves, because the more 19 selections and go ahead and put in new landscaping. 19 comfortable it is, the more friendly it is, and 20 And as you can see, we're going to be putting in a 20 accessible it is, the better chance we have, also, 21 new ceiling underneath, so that when you approach, 21 of providing a successful project. 22 it's going to be white and bright and light, and 22 So this becomes the San Remo Plaza. We have a 23 you're going to feel like you're walking into a 23 new facade in this location. This is the new piece 24 place that's really quite different than what 24 of the building I mentioned. And if you could look 25 you're used to. 25 down into that space, you would see this is where Page 47 Page 49 1 The other thing that was part of the beaming 1 we're removing the stairways, the ramps, etc., and 2 was, in a very inauthentic way, make the street 2 creating a new sense of entry from the parking 3 look like it used to be a street and now it got 3 garage. 4 converted to a walkway, and what we're planning to 4 So, as you recall on the drawing I showed you 5 do is put in new paving, change the elevations, 5 earlier, this really represents Phase 1 for us. 6 create more outdoor cafes, create more walkable 6 Here you can see the additional floors of the 7 areas, and really tum Sunset into a cafe street, 7 parking structure. But this is the pivot point. 8 where you can walk through Banyan Court and enter 8 This is the place where we say this area toward 9 into the open space, that we're going to show you 9 US-l is now going to be the engine that feeds us 10 in a moment. 10 and the town and everyone else. We're going to 11 Next. It could be said there are two 11 provide for new opportunities for housing, for a 12 signature comers. This is certainly one of them, 12 new hotel, and to get the bodies there that we 13 Red and Sunset. This is what iflooks like now, 13 think are really important to make sure that the 14 and it has a tremendous amount of presence on the 14 project is successful. 15 street. It has a lot of character. As we 15 So here's the garage. We're taking out all of 16 mentioned, we want to, basically, simplify the 16 that construction, and we're creating a new second 17 facade and enhance it. But one of the things that 17 floor retail, where you currently have the second 18 you see here is this gives you the appearance of an 18 floor retail, and what we're going to do is tum 19 arcaded, active street, but the reality is there 19 the stair, create a new entry point up to AMC, 20 are very few openings in that street, and it's not 20 which is on the third floor of retail and, 21 very productive to walk there. And in many 21 basically, make this a new outdoor space, so that 22 respects, a lot of people think Red Road needs a 22 when you come down from the garage, the first thing 23 complete makeover, and we don't disagree. 23 you have is a sense of place. You have a feeling 24 But what we're proposing to do in the new 24 that you've arrived somewhere. 25 scheme is to, as you can see here, open up the 25 Because, right now, if you come from the 13 (Pages 46 -49) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 50 Page 52 1 garage, you don't really feel like you've arrived 1 drive, which looks to me like a tunnel, and I want 2 anywhere, until you end up all the way down on the 2 to draw your attention to that, because, as I 3 ground floor. We feel strongly about the fact that 3 mentioned, when we demolish really only this 4 this is a huge enhancement. 4 triangle, what comes with it is this over-dome, 5 Next. Here is another one where you can see 5 where you drive in underneath. And we'll show you 6 what some people call the drum or the silo of the 6 in the new drawing how that becomes II new street 7 existing property, and what we're doing here is all 7 open to the sky, which we think will change the 8 of this elevation work, as we demolish it, you can 8 character all together. 9 see here our idea about creating a hotel on the 9 So you can see that what makes this happen, in 10 comer, the apartments, but take a look at how 10 this location, is really the way they took the 11 animated the street becomes and how set back from 11 facade and they broke it up into what looks like 12 US-l the building is. 12 different buildings, but they're, essentially; 13 So you're going to see later in the 13 inaccessible. The sidewalk there I think is 14 presentation where we show you the images from 14 8 feet. The sidewalk here is 5 feet. And as I 15 US-I, that one of the most important aspects of 15 mentioned, we're going to be enhancing that. 16 what we're doing is reconnecting, from all 16 So here is the image that we've been 17 directions, this property into the rest of the 17 generating as a result of the thinking that we've 18 city. So we are leading out with additional open 18 been showing you. This is the LA Fitness, after it 19 space, more walkways, more open space, and more 19 is refreshed and the new facade is up. This is the 20 setback, which we think will have a huge advantage. 20 entry into what becomes the parking. 21 This is also going to be, from an economic and 21 The second-level space, where you exit from 22 from a vitality point of view a really important 22 the parking, as I mentioned on the other drawing, 23 driver for the city. A brand new hotel is an 23 you'll actually be able to see as you're driving 24 amazing thing to have in your downtown. You're 24 in, because there will be people here that are 25 going to see, in a moment, the new drawings. We're 25 coming down on the ground floor, and here you see Page 51 Page 53 1 looking at rooftop activities in the form of a 1 the approach to apartment living in South Miami. 2 place where people can go. We're looking at a lot 2 It's going to be interesting. It's going to 3 of open space on the ground floor, that can feed 3 be fresh. It's going to be new. It's going to be 4 out into the retail. So we're very excited about 4 exiting. And we want to build in the same 5 this idea. 5 amenities that really good, active places have, 6 So to blow up what is maybe the second most 6 amenities for the tenants, a pool deck on the roof, 7 important comer, what we're proposing is to use 7 a way that would set the building back and carve 8 the landscape and to use the setback as an urban 8 back the building to allow more light into the 9 plaza, so that US-I, instead of feeling like a 9 space. 10 highway, starts to feel like a Boulevard. You can 10 But perhaps the most important thing, is that, 11 walk there and feel like you're safe. You can walk 11 for the first time, especially when you compare it 12 there and feel like you're comfortable. In fact, 12 to what exists, there's a new entry point for 13 you can even have umbrellas and cafe tables, and 13 vehicles and a whole new entry point that's an 14 US-l would become an entirely different entry point 14 extension of what started on Sunset, that walkway 15 as the most important gateway into the city. 15 that you're used to, it extends all the way out to 16 And as you can see, as you begin to look at 16 US-I. And you can see the landscaping set back all 17 where we put the height, it's there for a reason. 17 throughout the whole project and how we intend to 18 We're going to be animating the comer. It is the 18 animate the entire property. 19 right place, as Jeff Bass said. If you're going to 19 The hotel itself is going to be a marquee-type 20 have it anywhere, it should be here, and we feel 20 hotel, which will be quite beautiful and have a 21 very excited about where it stands on the comer 21 rooftop bar, have amenities on the ground floor, 22 and announces the new gateway. 22 and will be, I believe, a real asset to the 23 N ext. So when you look at what this looks 23 community. It will be a real place to go, a place 24 like from US-I, as I showed you the other aerials, 24 to have a party catered. There will be things like 25 here is the drum, here is US-I. This is the entry 25 that, that will be really beneficial, I believe, to 14 (Pages 50 -53) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 54 Page 56 1 the whole community. 1 Miami in and around those edges require a lot of 2 And then, finally, when we take the camera and 2 cooperation, not done by this applicant by 3 push it a little bit more towards Red Road, you 3 themselves, but it requires coordination with the 4 begin to see what we're talking about, which is 4 State, County~ with Coral Gables, and South Miami's 5 that Banyan Court, which started all the way on 5 leadership, but it can be done. 6 Sunset, actually continues completely through. 6 That was the most important thing, to make 7 So we now have a pedestrian-only, 7 sure that, as they develop the boundaries of their 8 open-to-the-sky access point, that connects the 8 parcel, that they weren't doing anything that would 9 entire project. But it doesn't connect it only 9 foreclose the possibility of a much tighter 10 with shopping. If you remember the San Remo Plaza, 10 integration with the surroundings. 11 that becomes part of the project. I think there's 11 Inside the project, I thought I would say 12 renderings in your book showing what it looks like 12 something about the two land uses that you heard 13 from Red Road. 13 mention a moment ago, the residential component and 14 So as you're moving through, you're constantly 14 the lodging, the hotel component. 15 being exposed, from the right, to the left, with 15 These are not new goals. In fact, if you go 16 new open space, with new landscaping, with new 16 back to the Hometown plan, both <;>fthem are 17 materials, and with a very exciting downtown. 17 mentioned specifically, residential in particular. 18 And that concludes my presentation. Thank you 18 We always knew it would be crucial to have more 19 much for your interest. 19 than just shopping and eating going on, have a real 20 ATTORNEY BASS: Mr. Chairman, Members, Victor 20 downtown, people living downtown. In fact, the SR 21 Dover. 21 district, the specialty retail district, was 22 MR. DOVER.: Good evening. My name is Victor 22 originally called the specialty retail and 23 Dover, Dover, Kohl & Partners, town planners. I'm 23 residential districts, always intended to be mixed 24 a fellow in American Certified Planners, in private 24 use. 25 practice, marking our 30th anniversary. 25 I think that's been crucial all along. We Page 55 Page 57 1 25 years ago I had the privilege to meet one 1 realize that. And it's even more crucial now for 2 of the coauthors that helped create the Hometown 2 the reasons that Jeffrey mentioned, online 3 plan for downtown South Miami, and after that, the 3 retailing and our changing ambitions. The 4 Hometown Overly District ordinance you heard tell 4 Underline is about to be an address of importance. 5 about earlier this evening. 5 Wouldn't it be great if we were the first to have a 6 I thought it would be useful just to mention a 6 hotel that was really integrated with a face and 7 couple of things, one about the edges of the 7 named for its position along the Underline? That's 8 project and one about what's going on with the land 8 pretty consistent. 9 uses on the inside. I had the opportunity to 9 I'd like to read you one sentence from the 10 advise the architect and the development team about 10 Hometown plan itself, a document often cited, but 11 the edges, how to set up the project and frame it 11 rarely quoted. 12 and position the buildings, so as not to foreclose 12 . The primary goal is to recognize the city 13 the possibility of a much better Red Road and a 13 street that is a crucial asset and eventually 14 much better 58th Avenue and a much better South 14 reconstruct them as people-friendly public spaces. 15 Dixie Highway. 15 Quote, to nurture the downtown as a neighborhood in 16 But we realize it's important to get those new 16 the making, rather than a collection of buildings 17 buildings in the right locations, so that the full 17 on their parking and a creative mix of uses for 18 promise of the city's intermodal plans could be 18 downtown, Underline, including residential, so that 19 realized. So at the edge of the development, what 19 the area can prosper as an identifiable whole. 20 I see here is that the project is set up so that it 20 That sentence is preamble, really, in the 21 would be easy to integrate it and capture the 21 Hometown plan, and so we encourage you to see that 22 city's intermodal transportation plan and take key 22 those features make it here. 25 years ago, we 23 ideas from the Hometown plan of our public spaces. 23 wanted a lot of residential in downtown, and we 24 Realizing that all of the bike and pedestrian 24 wanted a hotel. We didn't get it. We've been 25 and traffic aspects and walking in downtown South 25 waiting all this time. This is the opportunity to 15 (Pages 54 -57) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 58 Page 60 1 do so. 1 reviewed and approved by the City and Staff and 2 Thank you. I would be happy to answer 2 their independent traffic consultant Calvin, 3 questions that you have, if any come up. 3 Giordano, and they agree with the conclusions. 4 ATTORNEY BASS: Mr. Plummer will address some 4 Regarding parking, we also undertook a parking 5 of the transportation and concurrency issues that 5 utilization study for the project. This was based 6 were associated with this project. 6 on actual parking data from Sunset Place. This is 7 MR. PLUMMER: Good evening. My name is Tim 7 important because a parking analysis wasn't done 8 Plummer, president of David Plummer Associates. My 8 just based on theoretical standards. 9 office is at 1750 Ponce de Leon Boulevard, Coral 9 The parking operator was able to provide data 10 Gables. I'll taking just a few minutes to discuss 10 from the parking occupancy during the two peak 11 the transportation-related items of the project, 11 months, which are July and December, on the peak 12 including the general transportation 12 day, which is a Saturday, and during the peak hour, 13 characteristics of the area, the traffic impact 13 8:00 p.rn. to 9:00 p.m. No surprise there. Those 14 study, the parking analysis, and finally, the 14 are big months for the movie theater. As expected, 15 transportation-related conditions of approval. 15 the movie theater is the controlling factor for 16 First the area. Jeff described it pretty 16 parking. 17 well. The project is right on a major principal 17 Based on the existing parking information and 18 arterial, US-I, a Metrorail station approximately 18 the City's code, the calculations show that the 19 500 feet from the project, the impact of what will 19 2,369 parking spaces proposed will provide a 20 eventually become the Underline, as Victor just 20 surplus of over 200 parking spaces for the peak 21 mentioned, the key improved pedestrian and bike 21 months, on the peak days, during the peak hour. 22 amenity that's coming forward. 22 This analysis has also been reviewed by the City 23 And as Jeffmentioned earlier too, it's 23 Staff and their independent consultants, and they 24 transportation concurrency exemption area, the 24 agree with our conclusion. 25 TCEA. This is an area designated for redevelopment 25 I also want to talk a little bit about the Page 59 Page 61 1 and exempt from traffic concurrency, which is why 1 transportation-related conditions of approval. 2 this project is located in the correct location. 2 These are working with the City to get approval for 3 The traffic study, very comprehensive study, 3 an eastbound left tum, on Sunset Drive, at US-I; 4 nine intersections looking at both the AM and the 4 annually evaluating Southwest 58th A venue; the west 5 PM peak periods. We did an operation study. Our 5 side of the project, for a period of5 years; and 6 study included site vehicular circulation, 6 proposing and designing bike and pedestrian 7 pedestrian circulation, a safety review impact to 7 improvements along the roadways adjacent to the 8 schools, and a transit evaluation. Again, it's 8 project. 9 very thorough. 9 In summary, it is a great location, based on 10 It's important to note that the proposed 10 its proximity to US-I, adjacent to US-I, the 11 development program has no additional traffic II proximity of the Metrorail and the Underline. 12 impact in the critical PM peak hour. And I mention 12 Redevelopment transforms Sunset Place into a 13 the PM peak hour, because that's where Miami-Dade 13 true mixed-use project, that helps minimize traffic 14 County measures their traffic concurrency. 14 impact and strongly improves pedestrian activity 15 This is due to the trade-off of retail square 15 and connectivity. 16 footage to residential units. Residential has a 16 The project has been provided a very thorough 17 much lower traffic intensity compared to retail. 17 traffic and parking study, no new traffic impact 18 Also, the residential and hotel components being 18 during the PM peak hour, and the traffic impact 19 introduced to the project help create a true 19 study meets the City's concurrency level of 20 mixed-use project, which allows these residents to 20 standard for traffic. 21 satisfy some of their trip-making without getting 21 Parking has 200 excess spaces, and again, the 22 into a car. 22 parking studies have been reviewed and approved by 23 The traffic study conclusions are that the 23 the City Staff and their independent traffic 24 project meets the City's level of service standards 24 engineer. 25 and traffic concurrency. This study has been 25 I'll be here to a~swer any questions you might 16 (Pages 58 -61) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 62 I have. 1 2 3 4 5 6 7 8 9 2 ATTORNEY BASS: Mr. Chainnan, thank you for 3 your time. I would like to conclude the 4 applicant's presentation by playing a brief 5 animated video, to show you what this all looks 6 like when it's put into motion, in tenns of a 7 virtual reality fly-through ofthe project. 8 (Video played.) 9 ATTORNEY BASS: I would like to reserve a 10 brief rebuttal. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 II CHAIRMAN BASU: Thank you. Let's start with 12 questions of the applicant. 13 MEMBER PHILIPS: I have a couple of questions 14 about things that I didn't see any mention of that 15 are dear to my heart. 16 One of them is, there is absolutely no mention 17 of solar power, and you have so much roof space, 18 and I don't know why you didn't include that in 19 your design. That's one of my wishes, always. 20 The other is, is this affordable housing? We 21 have a lot of need for workforce housing and ·22 affordable housing in this city, and not a word has 23 been mentioned.about whether or not these 24 apartments are going to be affordable for people 25 who are like nurses or waiters or, you know, I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 63 workers in the grocery store, shopkeepers. That's I something I would like to know about. 2 I was also concerned too about, how can you go 3 from one parking space per four seats, to one 4 parking space for six seats? In the theater, I saw 5 no justification for that. I understand how you 6 went to 615 square feet per parking space for all 7 the other options. 8 And, you know, you left out a school they're 9 building a quarter mile away. That's the Somerset 10 school. It's not a public school, but it is a II private school, and there's traffic along there, 12 not that it will probably touch, but it will touch 13 you as much as the elementary school. 14 So those are some things I, you know, right 15 off the bat wondered about. So maybe you can tell 16 me what you're going to do, if anything, about 17 affordable housing. 18 And I have one very little technical question. 19 When you're taking this chunk of property and 20 making it a whole separate zone, why leave out that 21 little piece on the comer, even ifit doesn't 22 belong to you? Why can't it be rolled in for 23 who-know's-what another day? Maybe that's a 24 question for Jane, I don't know. I'm talking about 25 Page 64 CVS. ATTORNEY BASS: If! may, Ms. Philips, I'll address your questions, in the order that I've written them down. If! don't answer one ofthem, please let me know. I don't have an answer for you with respect to solar. As proposed, the project, at this state, hasn't gotten to that level of detail. Should the City adopt an ordinance that would require that, obviously, we would be happy to comply with that ordinance. But the plans, as proposed, do not include solar at this time. If that's a recommendation that you would like us to look at, as we go forward, that's why we're here. That's why we having that conversation, and I would be more than happy to look into the feasibility of incorporating solar into this. I'm not saying no. But you are correct, we didn't mention it, because it's not a part of our application at this time. As it relates to housing affordability, affordability is a big word that has lots of different meanings for different people, so I don't pretend to understand it. Let me just give you the price points that we expect to be using, and then we can have a separate conversation. This is market housing, and the prices of the units range from $1,650 a month, for the smaller unit, to $3,000 a month for the larger units. That's the price we believe this market to be, and that's the price that we're anticipating the market to be. MEMBER PHILIPS: There are very fonnal definitions, legal definitions. Page 65 MEMBER ROBINSON: The City hasn't adopted an ordinance, to the best of my knowledge, that incorporated -- MEMBER PHILIPS: It would have to be forced. CHAIRMAN BASU: That's not up for debate right now. ATTORNEY BASS: Our partner is deeply committed to sustainability. You can see that on their website, and as we go through this process, that's certainly a guiding principal. As it relates to parking, what we did, we did not use the prior projections. We used the actual utilization, and that was the ratio that we got. We have a real problem in this town. We have way too many parking garages, that aren't really parking garages. They're car storage places. The 17 (Pages 62 -65) Veri text Legal Solutions 800-726-7007 305-3 76-8800 Page 66 Page 68 I coming and going from cars has changed in the last I to get to that. 2 2 years, in a very dramatic way, from the time 2 MEMBER JACOBS: In your outreach, you were -- 3 these regulations were put into place. 3 within our CRA, we have 20 percent of the people 4 We have to work for ourselves, and based on 4 living below the poverty level, and another 20 5 our historical operating and empirical data, that 5 percent or at or around the poverty level. 6 is the ratio that is best suited, given the way 6 So I went to one of your outreach meetings, 7 that the center functions. 7 and I asked, what is your plan to deal with health 8 CHAIRMAN BASU: Next? 8 care for the low-level workers that you have? I 9 MEMBER JACOBS: I'm concerned about the 9 asked if you were going to provide health 10 Hometown station, the Hometown project, and making 10 insurance. II your own district, similar to what Disney did at II And the staff said that they would get back to 12 Disney World, that you're really writing your own 12 their partners, the Federal Realty Trust, who are I3 rules, and the rules include things like, not to 13 the 85 percent owners of this. If and when it got 14 diminish anything, but the floor are is doubled. 14 back with them, I haven't heard. 15 The dwellings is tripled. And the seating space --15 Because that is something that's not within 16 I mean, the parking spaces are lessened, really. 16 zoning, but, you know, it's community. It's the 17 And the history of our Hometown project was we 17 spirit ofthe.community that you're living in, and 18 had charrettes, with people involved, and they 18 recognizing who you're living with, you've got to 19 decided to go low scale. Four stories was the 19 serve everybody, recognize and support the 20 limit. So if you intensify it to 20, that's 20 community. 21 really --I can see why you're throwing that all 21 ATTORNEY BASS: I'm going to get you an 22 out and writing your own rules, but I don't see 22 answer, Mr. Jacobs on how the traffic data is 23 what advantage it has to our city, being that we 23 collected. But what I would like to do is use your 24 never asked for this, and you can't come in and ask 24 comment as an opportunity to refocus on your role 25 for it with no need expressed by the citizens for 25 in the Planning Board, evaluating land use Page 67 Page 69 1 such a project. 1 applications that affect property rights. 2 It may be that it will improve the number of 2 This is not a health care board, to set health 3 people. That's certain. And if the number of 3 care policy, as noble as that may be, and it would 4 people are affluent; because the prices of rent, it 4 be for this Board to step far outside of its 5 win be an affluent clientele, that the shopping 5 delegated authority, to start imposing obligations 6 could increase, but then I see rents increasing for 6 or judging these applications based on something 7 the shop owners. 7 like that. I just had to respond to that, for the 8 So those are problems that I see, that are 8 record. 9 difficult to overcome. I would like to know, how 9 And I would like Mr. Plummer to please address 10 did they get the traffic data? What's the source, 10 the traffic. 11 and who collected the data? Because I find it 11 MR. PLUMMER: I'd like to try to understand 12 really hard to believe the traffic has decreased, 12 your question again. Was it traffic in the area or I3 the past few years, around Red Road and Dixie 13 traffic in and out of the project? 14 Highway. 14 MEMBER JACOBS: Specifically where the fire 15 ATTORNEY BASS: If! may, Mr. Jacobs, address 15 station is, how it's backed up, and it's already 16 the first part of your comment, which wasn't really 16 backed up, and the idea that this project isn't 17 a question. What I would ask of you would be to 17 going to affect it at all is difficult to believe. 18 withhold your judgment on the need for this and the 18 How did you collect your data? 19 expressed need for this, until you hear from 19 MR. PLUMMER: The data is collected by an 20 members of the public who are here and who have 20 independent company that goes out and counts the 21 something to say. And that will be for you to 21 actual movements at all those intersections, the 22 determine whether they've expressed a need, that 22 left, the right. That issue that you're talking 23 convinces you we need it. 23 about, we discussed with the Staff and their 24 There's a lot of people here this evening, who 24 reviewer, and that is an existing condition 25 wish to express their views on it, and I would like 25 problem. And that mainly happens in the morning, 18 (Pages 66 -69) Veri text Legal Solutions . 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 70 right? 1 MEMBER JACOBS: And nighttime too. 2 MR. PLUMMER: Yeah, and the worse time is in 3 the morning. But in the morning period, the Sunset 4 Place, the retail, is already there and is already 5 part of those traffic counts. So what we're doing 6 with the redevelopment, that's not going up in the 7 PM count. 8 In the morning, because of the residential, 9 think about it today, in the morning, it's 10 basically closed. No business is really open for 11 business. Now we've introduced residential and 12 lodging, so now we will have some more traffic 13 impacts in the morning, but those are outbound, 14 leaving the site, so they're not really 15 contributing to 70th Street. 16 MEMBER JACOBS: So when you come to the 17 evening, it will be harder to get into the project, 18 won't it? 19 MEMBER PALMER: There is no new traffic 20 impacts with redevelopment impact coming out of 21 this development, because of what's there today. 22 When you trade out retail square footage, which is 23 what this project was doing, it's a much higher 24 traffic intensity than the residential and the 25 Page 71 Page 72 where others fail? This will work because this includes a hotel and a residential, as Mr. Dover said, where none of the others did. By bringing a resident population within the downtown area, we believe that we will create the critical mass' of people that will populate our stores and work in our offices. We have an office component. They'll stay in our hotel. It will create jobs. They'll eat, shop, visit the stores and stay in the downtown. And no other iteration of the development for this site as built included a critical mass of residential popUlation. There are two other reasons. Number one, this . project places a premium on connectivity to the existing street network; whereas, the other project placed a premium on sealing, bunkering, and disconnecting from the existing roadway network. We're seeking to stitch this one as organically as we can into the existing fabric, so it will feel like a natural and organic part ofthe downtown. And also, unlike other iterations of this, along Red Road, we are opening up and creating exterior storefrontages, for people to come and go, Page 73 lodging. I in a way that it hasn't done before. MEMBER JACOBS: Okay, thank you. MEMBER PALMER: Mr. Bass, I find it very strange setting rules that what we should say up here, versus what the people have to say. I think that's a little strange. I think if a question is posed and it's not --like the health situation, you could just say that's not a part of us. But to set rules what we should say, I don't think is the right way to go, because we an have something to say, and whether it's not what you want to hear, that's fine. However, I have a question. Why do you think you will not have the same chanenges that Sunset Place has now? That's my first question to whoever. ATTORNEY BASS: Let me apologize, Ms. Palmer, if the way I responded to that question offended you in any way. I just want to make sure the record is clear. I apologize. I want to make sure that I state that sincerely. It wasn't my intention to offend you. It was just to keep an eye on the ban before us. Ms. Palmer, I will answer your question. It is the fundamental question. Why will this work 2 So those are the three principal reasons. But 3 singularly, the creation ofa mass of people in the 4 residential buildings and in the hotel is what 5 distinguishes this from the prior attempts. 6 MEMBER PALMER: There are two or three other 7 things that I didn't hear, and that was addressing 8 the open space in relation to the population, and 9 that has something to do with concurrency. But 10 there was a policy on the books where your II population has to relate to your open space. I 12 didn't hear you addressing that part of it, and 13 whether we have enough open space to accommodate 14 this project. 15 Next one, are there any plans to address 16 streets? I know that 57th Avenue, as far as I 17 know, is a historical road that cannot be widened, 18 as far as I know. I don't know if anything is 19 going to happen on Sunset. But based on the 20 traffic that we're having now, just presently, now, 21 having to double it, because the project is going 22 to be over two and a halftimes what we have now. 23 So I'm wondering if any plans are in the works 24 to widen or improve Sunset Drive. It's historical. 25 So that's the thing I was thinking about. 19 (Pages 70 -73) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 74 Page 76 1 As for the Hometown, the Hometown that we had 1 make the same justification as to why they're 2 establishes in the past, this project is not 2 entitled to it, that's that applicant's choice, and 3 consistent with their goals. So that is another 3 the decision will be based on the justification 4 situation here. Because it's like an isolation. 4 that applicant proposes. 5 You have a little island, and what you're trying to 5 This district was drawn to guard against a 6 do or asking for is that you're going to have a 6 fear that we would be establishing a precedent that 7 destination that nobody else has. 7 could reverberate throughout the entire city. To 8 And one question pertaining to that, for 8 be sure, we are not. This is limited to the parcel 9 example, if John Brown came up tomorrow and said I 9 proximate to the Metrorail, along a major arterial, 10 want the same destination that you got, to do their 10 of a certain minimum size. So this intensity is 11 project, would they be allowed or would they be 11 not appropriate on a very small parcel of land, but 12 given that opportunity? I know that question is 12 we believe it to be fundamentally appropriate here. 13 for our attorney. 13 You mentioned open space and concurrency, and 14 But having one specification for one 14 I believe that Mr. David testified in his staff 15 developer, would that be a legal problem? 15 presentation, I try not to duplicate what was said 16 ATTORNEY BASS: There was a lot in there. I'm 16 by them, but your staff reviewed this application 17 going to start with the last one and work my way 17 from all aspects of concurrency and found it to be 18 backwards, but I'll1et you tell me if I missed 18 concurrent with respect to your adopted levels of 19 anything. Deal? 19 service in each attribute of concurrency upon which 20 MEMBER PALMER: Deal, yes. 20 your Comprehensive Plan speaks. 21 ATTORNEY BASS: Let's start with the last 21 As related to open space, which I also wrote 22 question, about the legality of the ask, if you 22 down that you made a note about, the open required 23 will. Okay? We're here before you in different 23 is 42,000 square feet. The own space provided is 24 capacities, primarily as an advisory capacity to 24 72,000 square feet, and I think it would be quite 25 the Commission. We're asking for a lot of 25 easy to see from Mr. Zyscovich and his drawings, Page 75 Page 77 1 different things. We're asking for an amendment to 1 that a fundamental animating principal for us was 2 the Comprehensive Plan. That's a legislative 2 to take this enclosed thing, break it down and open 3 policy decision by the Commission. The Commission 3 it up, and I believe he did a masterful job in 4 can do that, if it wants too. 4 doing that. 5 As it relates to, can somebody else come in 5 Those were the notes that I took on your 6 and ask for it? Anybody is allowed to come in and 6 several questions. If I missed one, I apologize, 7 ask for anything. It might surprise everybody to 7 but, again, I promised you that I would go through 8 know, filing an application, filing a building 8 this as swiftly as I could, because other people 9 application, what I'm doing right now is 9 want to speak. 10 constitutionally protected free speech. Anybody 10 CHAIRMAN BASU: I think you covered it. 11 can come in and ask for anything. 11 MEMBER ALICEA: Thank you for your 12 The question is, by what standard are you 12 presentation. It's very interesting. The couple 13 going to judge it? Each application is unique and 13 of questions I have, areas that I thought were 14 must be evaluated based by each unique set of 14 missing, that needed to be addressed and discussed, 15 circumstances on the unique property, given its 15 I was interested in what kind of sustainability and 16 location. 16 environmental innovations in the design, solar 17 As we stated, and I don't want to repeat, 17 power, water efficiency, and things like that. 18 because a lot of people here want to speak, there 18 Also, I noticed that the property is in the 19 is a uniqueness to our site, given its size, given 19 CRA area and there was no discussion anywhere about 20 its location next to the Metrorai1, given the fact 20 consideration of the CRA plan and affordable 21 that a primary arterial and two minor arterials 21 housing issues that are raised there. I know 22 surround it. We believe those are facts that 22 they've been raised before. 23 uniquely qualify us to ask you what we're asking 23 The other two questions I have, I was 24 for. 24 interested in hearing the justification about the 25 If another applicant wanted to come in and 25 removal of the ERPD review requirement in this 20 (Pages 74 -77) Veritext Legal Solutions 800-726-7007 305-3 76-8800 Page 78 Page 80 1 case, why you thought that was necessary. 1 after we hear from the public. 2 And also I noticed, in the tree reduction, 2 MEMBER ROBINSON: It seems to me that now we 3 there's significant reduction, from like 22to 8 3 have a dysfunctional ugly duckling in a place that 4 per acre, and 50 percent native tree to 35 percent. 4 you're looking to build a crown jewel. Although, I 5 I was interested in also hearing what the 5 think it's very important for South Miami to have 6 justification for those requests are. I'llieave 6 affordable housing, I'm not sure it has to be in 7 it at that. 7 every, single building we do. There are places 8 ATTORNEY BASS: I'll start with the trees 8 where it belongs, and the CRA, we're looking to 9 first. What we tried to do is recognize that the 9 build Madison Square and do some other affordable 10 as-built condition provides significant constraint 10 housing things, and I think it's really important. 11 from where we can plant trees, with respect to the 11 There's a question to whether there's a need. 12 buildings that we're keeping in place. But what 12 Population in South Miami has grown 5.2 percent in 13 you're going to see, and I'll have our landscape 13 the last year, so we need a place for people to 14 architect address this, if you would like, but 14 live. Unemployment rose 4.8 at the same time, and 15 we're very substantially increasing the amount of 15 that's because right now -- 16 canopy, and if you look at it cover to cover, shade 16 CHAIRMAN BASU: We'll have time to discuss on 17 per shade, with the number oftrees, the amount of 17 that ourselves, so if you could ask a question, so 18 canopy and the amount of shade goes up 18 we can move on. We haven't started with the public 19 significantly, and I could have our landscape 19 yet. It's 9:00. 20 expert expand on that, if you would like us to do 20 MEMBER ROBINSON: When they were building the 21 it now or wait until at the end. 21 Bakery Center, there was a Phase 1 and Phase 2, and 22 Let me touch on the ERPD, an excellent 22 Phase 2 had two 25-story towers, and they ran out 23 question, and let me explain to you the thinking 23 of money, and they never built that. What are our 24 around the answer. Through the regulatory 24 guarantees that you would complete those two 25 architecture that's before you, our goal is to have 25 towers? I would like something built in there to Page 79 Page 81 1 the site plan approved, our initial site plan, by I guarantee that. 2 the Commission, as well as approve comp plan 2 CHAIRMAN BASU: We'll have to put that in the 3 amendment, our zoning district, and our reasoning 3 condition, I guess. 4 for it, and then our fundamental governing documen 4 ATTORNEY BASS: I could answer that question 5 will be that site plan approval, with modifications 5 with a simple economic proposition; which is, Phase 6 to it, either major or minor, coming either before 6 2 is how we pay for Phase 1. 7 the City Manager or before you. 7 MEMBER ROBINSON: Wholesome had the same 8 The essential planning of it, at that point in 8 issue, and they never did it. 9 time, would be done, and then we would just really 9 ATTORNEY BASS: We're thinking much more 10 be looking at adjustments within certain defined 10 clearly than they were. 11 parameters to the program, that was already 11 MEMBER MELOW: I like the project. I like the 12 approved by you. 12 walkability of it. It's close to the Metro 13 It was our sense that in order to create a 13 station, opening up the sidewalks. I think it's 14 district that was reactive as possible to market 14 good for the city. It needs to be where it needs 15 changes, creating a district where we had a 15 to be, downtown. It's close to the neighborhoods 16 governing site plan that is subject to certain 16 to get to. 17 types of modifications coming back to you as the 17 One question, do you know how many apartments 18 body that originally reviewed all the regulations 18 are going to be there and the breakup of it, one 19 that gave birth to it. 19 bedrooms, two bedrooms, three bedrooms? 20 So that was the thinking on why we did that, 20 ATTORNEY BASS: To answer your question, 21 coming back to the essential planning concepts and 21 414 units we're proposing, 228 one-bedrooms, 153 22 justifications on the plan that came through this 22 two-bedroom, 23 three-bedroom. 23 Board. 23 MEMBER MELOW: And the price range was 1500 24 And now, at your pleasure, I can have our 24 to what? 25 landscape ar~hitect talk about that or wait until 25 ATTORNEY BASS: And I forgot, 13 studios. 21 (Pages 78 -81) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 82 1 CHAIRMAN BASU: 1600 to 3,000. Is that all? 1 2 MEMBERMELOW: Yes. 2 3 CHAIRMAN BASU: I'm going to reserve my 3 4 comments to later, because I think we need to get 4 5 going with the public hearing. Anyone who's 5 6 wishing to speak, please sign in. We'll take the 6 7 guests that are for first, names first, and then 7 8 the ones that are against, and with each, three 8 9 minutes. Please try not to repeat something that's 9 10· been mentioned, because we'll be here all night. 10 11 Now, we have a number of people that are for. 11 12 Dr. Steven Ha1egua? 12 13 ATTORNEY BASS: Excuse me, Mr. Chairman, if! 13 14 can ask everybody who is here this evening in 14 15 support of the proj ect, please stand and be 15 16 recognized, and perhaps they may not feel the need 16 17 to speak. If you're here for, please stand and be 17 18 recognized. 18 19 CHAIRMAN BASU : You did your homework. 19 20 PUBLIC SPEAKER: I'm Dr. Halegua. I'm a 20 21 chiropractor in South Miami for 40 years. I've had 21 22 my practice in South Miami since 1977. I think I 22 23 know South Miami pretty well, and I bought property 23 24 in South Miami, etc., etc. 24 25 I came from New York, and when I saw South 25 Page 83 1 Miami back in the '70s, I said, wow, what a 1 2 beautiful town, a vibrant, beautiful town, and I 2 3 wanted to be there, and I opened up my practice, 3 4 been in practice ever since, and I'm still in 4 5 practice and have treated a lot of people in the 5 6 area. 6 7 Now, things have changed. Back in the day, 7 8 you couldn't find a store or get a store for rent, 8 9 because everything was full, a lot of people 9 10 walking and shopping,just a bustling area. Now, 10 11 it's pretty dead, a lot of vacancies, and the 11 12 people there are struggling. 12 13 I think what these guys are trying to do is a 13 14 very positive thing. I'm all for it. We need some 14 15 juice in the neighborhood, some life in the 15 16 neighborhood. It's dying. They want to bring life 16 17 to the area. 17 18 I think Ms. Philips, Mr. Jacobs, you're 18 19 looking at a few things that might be what you 19 20 think is right, but I think what these guys want to 20 21 do is helpful and very positive, and it will bring 21 22 South Miami back to what it is sUPP,?sed to be. 22 23 I am very, very for it. I plan to spend the 23 24 rest of my life in South Miami. I love South 24 25 Miami, and I hate to see what's happening now. 25 Page 84 Sunset Place is a disaster. It's losing proposition. It needs to be revitalized. What they want to do is going to bring a lot of life to the area. So I recommend that you vote for it, and I think it's the right thing to do. Thank you. CHAIRMAN BASU: Thank you. PUBLIC SPEAKER: Michael Miller, with the office address of 6796 Southwest 62nd Avenue. South Miami has lost its shine. It's no longer the shining star that it used to be. Now it's the talk of the town, on the wrong side. Folks from all overused to come to the city to get entertained and to enjoy strolling down Sunset Drive and 73rd Street. But now when you walk down Sunset Drive, the sad state of affairs of South Miami smacks you right in the head. It's an eye opener to see how many closed stores there are, and the mall on the comer of Sunset Drive is barely occupied, and it's really just taking up space. The owners of the Shops at Sunset are going to invest hundreds of millions of dollars and bring back some glory to the city. It's just amazing that there's a question of saying yes to these Page 85 people, and we need to help ourselves and them and the City and stop with the antigrowth rhetoric that has plagued this city for 30 years. Just think about how long it took the City to put in a swimming pool. We looked it up, 1967, the City Commission right here approved a swimming pool. It took 40 years for this swimming pool. And think how long it took to put up the children's clinic. Years it took, many, many years. And think about how many years this city has been playing around with Madison Square. That is an embarrassment to this city and everybody who lives and works here and who's up there and behind it. This is your time right now to stop complaining and move forward with the Shops at Sunset. It will dramatically improve the city and I our lives. It is time to stop being afraid. You have to stand up and be counted, and this is the time to say yes to the Shops at Sunset. Thank you. CHAIRMAN BASU: Mr. Miller went out of turn, but that's okay. The next person is Mike Abeassis. PUBLIC SPEAKER: Hello. My name is Mike Abeassis. Thank you for having me and giving us the opportunity to stand in front of you and share 22 (Pages 82 -85) Veri text Legal Solutions 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 86 some thoughts. 1 I'm a tenant at Sunset Place operating Game 2 Time, which is a large format entertainment center, 3 been there 7 years, almost 19 years helping build 4 GameWorks and selling it to distributors at the 5 time, and it's very near to my heart. 6 I have some things to say that we would like 7 to see continue. I'd like address some things that 8 have been answered by the landlord. Solar panels, 9 I certainly don't know how and where solar panels 10 may apply, as a landlord, we put fixtures on the 11 building, whether they're solar panels or other 12 mechanical devices. 13 We are currently in the process of waiting for 14 the State of Florida to approve Tesla solar panels. 15 Currently solar panels absorb about 22 percent of 16 available light energy. The new Tesla solar panels 17 absorb about 38 percent and take up a third of the 18 space, so as the rooftop availability gets better, 19 we expect to go to all of our landlords and use 20 that space for solar panels. So the panels, we see 21 it happening either way. It's just the way we're 22 going. ' 23 As far as parking goes, I certainly don't know 24 as much as the parking studies. They have a lot 25 Page 87 more data. I've been driving in and out of that 1 parking lot on Fridays, Saturdays, every day of the 2 week for 7 or 8 years now, and I've never seen more 3 than the fourth deck full. I go to the fifth or 4 sixth deck to park, and I've got all the space I 5 want. So I can't imagine if there's ever going to 6 be any need for more. Ifthere is, they did 7 something really right. 8 As far as rents increasing for tenants, I'm an 9 open-market kind of guy. I think that rents 10 increasing are positive, not negative. From being 11 in retail, I know renters pay a huge premium to be 12 in a mall, and that, ultimately, if you want a 13 great mall with a lot of traffic, it's built into 14 your rent. • 15 In this day and age, I may have cheaper rent, 16 but I spend more money driving in traffic. I 17 certainly would rather be in a more successful 18 place and pay more, and I think that's a good 19 thing. 20 . As far as increase for income for local 21 residents, that's a positive level in the city. I 22 can tell you, wholeheartedly, we hire locally when 23 looking for talent and trying to grow talent. We 24 take people that often start at the poverty level, 25 Page 88 and they've grown into management positions. And so I think it's a positive thing, and I don't think the growth is going to hurt anything in any way, and I think it may help the income level of people that are here. As far as health insurance, the only thing I can tell you is we offer health insurance, because we're more successful and we're able to have more income. So it's certainly a positive thing. I'm out of time. I wish you guys all the best. I'm all for it. CHAIRMAN BASU: Brad Cassel is the next person. Maybe he left. He's not here. Okay. Jacqueline Gonzalez? PUBLIC SPEAKER: Good evening. I know the night is long. I'm Jacqueline Gonzalez. I've lived in South Miami for the last 10 years, and I thought I would like to offer my perspective as a resident and as an architect not related to this project. I usually don't come and speak on other people's projects, but in this case, it's personal to me, because this is my home town. One of the key reasons we purchased the house in South Miami is we loved the downtown and the availability of Page 89 it. I was curious what they were doing and how they were going to do it. This is where we would go to every weekend with our children, and I've watched them enjoy it from the time they were little kids to teenagers, all the ups and downs of downtown South Miami. It's also been a source of sadness to me how the Bakery Center and this giant mall were put into this beautiful downtown, and I was so concerned that this was going to be more of the same kind of misguided giant project, and I've looked at it, and I have no skin in this game, this is not my project, but I just want to commend you and the team for really fixing one ofthe essential problems with that center, which is, instead of looking inward, they're looking outward, and they're connecting to the street. And I can't say enough good things about that. To me that's one of the horrible tragedies of South Miami downtown is that they have this giant bunker of a project that did all of the wrong things when you have a private downtown. So I commend you 0 that. I know change can be very scary. As an architect, I've presented my share of big 23 (Pages 86 -89) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 90 Page 92 1 buildings, and I understand, when you love your 1 We have several owners here and the manager and 2 downtown the way I do, that a big building can be 2 president of the condo association. 3 intimidating. 3 The last thing we want to see is one of these 4 But I will say, I'm a big, big resiliency fan 4 malls that you see on 60 Minutes, the dark malls or 5 and sustainability architect, and this project is 5 dead malls, where there's homeless people and crack 6 doing the right things in that sense as well. The 6 addicts. We're 10 minutes away from an empty mall. 7 density is not on the historic fabric. It is not 7 That mall is almost empty. It's a frightening 8 overwhelming on the street. It's pushed up against 8 place, so I think we should go there. 9 US-I. And it is literally across the street from 9 You wanted to talk about affordable housing. 10 the Metrorail station. It will get all the smart 10 Well, we have 40 units of affordable housing. 11 city planning right now in the world. This is 11 I'm officially inviting you to please invest 12 common sense, and this is what we need to be doing. 12 in South Miami. I know you guys are going to 13 So I understand the scale is a jump, and I 13 survive with or without this project. But South 14 understand that that can be scary. I really do. 14 Miami is on its way down the hole, without that 15 But I really think that they've handled it very 15 mall being renovated, one way or the other. That's 16 sensitively. As a resident and an architect, I 16 going to be a hole in the wall within the next 17 feel very comfortable coming here and talking with 17 year. 18 you in support of the project. 18 Thank you very much. 19 I do share your views about sustainability. I 19 CHAIRMAN BASU: Okay. Next, Mr. Momoe? 20 think that's something that should be asked and 20 PUBLIC SPEAKER: My name is Wirth Momoe. I'm 21 offered. I have confidence in this team, because I 21 a fourth generation in Miami Dade, and more 22 know there are a lot of locals that care about what 22 importantly, I'm a 41-year native of South Miami. 23 is right to do. In Phase 2, if you can work it 23 I grew up here, got married, started my family, and 24 out, that will be a very valuable condition to this 24 I'm back living 2 blocks from where I grew up. I 25 project. 25 love South Miami, everything about it, spent a lot Page 91 Page 93 1 I want to commend the team and thank you, 1 my time in restaurants, shoe shopping, groceries, 2 because I think it will be a great addition, and I 2 gas, you name it. This is my community, my home 3 encourage you to support it. 3 town. 4 CHAIRMAN BASU: Thank you. Tom Byrne? 4 But we have an albatross around our neck. I 5 PUBLIC SPEAKER: My name is Tom Byrne. I live 5 thought the time that you mentioned when we were 6 on 5031 Southwest 85th Street, just down the road 6 starting was really interesting, because I remember 7 here. I walked into South Miami today for coffee 7 not only the Bakery Center, but I remember the 8 with my dog. I've been a resident of South Miami 8 Wholesome Bakery. 9 for 55 of my 59 years. 9 We've had two failed attempts to try to get 10 I make my living from commercial real estate 10 this right. Doing nothing is not an option. We're 11 in South Miami. I own several properties that I've 11 never going to reach our full potential without a 12 acquired over the years, some residential to 12 revitalized Sunset shops. 13 commercial buildings, but also I own some of the 13 I heard an account about e-mails for and 14 units at Sunset Place. I did that condo conversion 14 e-mails against this. I can tell you I loosely put 15 8 or 1 ° years ago. I still own nine of those 15 out the word in my neighborhood about who wanted to 16 units. The studios, my lowest price is 875 to 16 get educated for this project. A lot of people, 40 17 1,000 a month, so those places are packed. 17 people, showed up. By the time people got educated 18 People love living at Sunset Place. The 18 and really understood the prose and cons, because 19 problem is I can't raise the rents, because nobody 19 nothing is perfect, everyone supports this project. 20 ever leaves, because once they get in there, they 20 It's really what the city needs, and it's 21 can walk to the grocery store and gym and walk 21 going to guarantee a long-term future. Thank you. 22 everywhere, and I've had the same tenants since 22 CHAIRMAN BASU: Next is Todd Legon. 23 I've done the conversion. 23 PUBLIC SPEAKER: Good evening. My name is 24 Now there are 40 total, and ofthe owners I've 24 Todd Legon. I have lived in South Miami for 25 spoken to of those 40 units, everybody is in favor. 25 approximately 30 years, and I'm here to speak in 24 (Pages 90 -93) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 94 Page 96 1 favor of the project. 1 from now or maybe two decades from now, and I 2 I don't get to get to a lot of these meetings, 2 implore you to do that. 3 so please forgive me. I don't want to be 3 CHAIRMAN BASU: Next is Joaquin Ortiz. 4 repetitive. There's a couple of things that I 4 PUBLIC SPEAKER: My name is Joaquin Ortiz. 5 heard and questions asked by all of you, that I 5 The very first restaurant I owned in South Miami 6 would like to try to address, at least from my 6 was Jake's Bar and Grill, in 2001. I opened 7 perspective. 7 Segafredo, and now I own a shop called Tea & Poets, 8 And I heard some comments from Ms. Philips and 8 right in the center of Sunset Place. 9 Mr. Jacobs and Ms. Palmer, and you had some 9 The pilar of what Tea & Poets is is about 10 concerns whether your constituency had really asked 10 community. We strive to connect to community and 11 for a project such as this, and perhaps I misread 11 to bring a sense of togetherness in our store. In 12 what you said, Ms. Philips, and that's certainly 12 a day, we have 40 to 60 of the high school, 13 not my intention. 13 college, and elementary school kids in our store, 14 What this Board is is it's a Planning Board. 14 and I see a lot of familiar faces in this room that 15 The job is not to look for what is today. The duty 15 come into our space to work, study, hang out with 16 of this Board and the burden on this Board is to 16 ' their families and friends over the weekends. 17 determine what's going to happen in the future, not 17 One of the things that I've noticed over the 18 today, not 5 years from now, but 10 years from now. 18 years, being a member of the South Miami community, 19 The City of South Miami is a ship in a 19 is a very slow decline and slowly bleeding out. 20 changing city, and it's changing every day. I'm 53 20 It's like you've got this city that wants to grow 21 years old, and when I look at how the world is 21 and wants to be successful and wants to tum a 22 rapidly changing now, it staggers my mind. If you 22 page, but you do have this fear of change. I feel 23 had told me 5 years ago that I would do the 23 it's a fear of changing of the guard, so to speak. 24 majority of my shopping on line, on my computer, I 24 I'm one of the younger entrepreneurs in this 25 would have said you're crazy. 25 city, and I look forward to the next 30 years being Page 95 Page 97 1 If you would have. told me even a year ago, 1 here. I pray to God I'll be around for the next 2 that young people who live not only in Miami, but 2 30 years, and I pray South Miami has but a 3 everywhere else in the country, that they don't 3 sustainable infrastructure to continue growing and 4 want cars, because they Uber everywhere, and they 4 make my children young entrepreneurs and not to be 5 want to have a live/work environment and walk to 5 scared ofthe change, not to worry about changing 6 their office and walk to go shopping, I would say 6 of the guard, but to take an amazing group of 7 you were crazy, because it's antithetical to the 7 individuals here who are willing to risk and go 8 American way and the suburban environment, of which 8 forward and to make the changes. I think it was 9 South Miami was originally a part of. But the 9 very well said about that it's your job to have 10 world is changing. I would urge you, the Board, to 10 vision and to see what's going to happen. 11 look to the future. 11 Let's look at the alternative, what's going to 12 I think what we can say, if you do want to 12 happen. I'm not going to renew my lease, and there 13 look to the present, we all know what we have there 13 are countless shops that they're not going to renew 14 in that shopping center. I've been here, my kids 14 their leases either. Why? Because there's no 15 are here, and my wife grew up here. It's not good. 15 money in the city. There's no people coming to the 16 It's got to be fixed. You can take your first 16 city, because they're going to all the other cities 17 hundred constituents and bring them in here, and I 17 that are in competition with South Miami. 18 bet you 90 percent of them are going to say you've 18 South Miami competes against Coral Gables. 19 got to take that thing down and start from scratch. 19 Coral Gables competes with Doral, and Doral 20 We all know that. The question is how do we 20 competes with City Center. 21 get it done, and what's the best way to do it? 21 It's amazing to me that it's just going to be 22 This is the duty of leadership. You have to look 22 that, oh, well, you know, they didn't quite do it. 23 to the forward and be the leaders, make the 23 So I'm urging you guys to have that ambition and to 24 changes, have the guts to make the decisions that 24 look at the future, my future, our children's 25 are going to change lives, not today, but a decade 25 future, in South Miami, not what was in the past, 25 (Pages 94 -97) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 98 Page 100 1 the '70s, early '80s, '90s, but 2025, 2045, and, 1 people that walk in, as does the First National 2 what's the vision? 2 Bank. They have all declined precipitously. This 3 How are we going to impact the growth of this 3 will continue if you guys don't approve this 4 city? How much money are we going to bring to the 4 project. 5 city? How stacked are we going to make South Miami 5 I don't see anything else ahead of it, and 6 for the future. Thank you very much. 6 these guys have done wonderful job of addressing 7 CHAIRMAN BASU: Next up is Jorge Freeland. 7 all the needs we have in South Miami. We need 8 PUBLIC SPEAKER: Good evening. My name is 8 people living here, working here, and we need 9 Jorge Freeland. I've lived in Miami since 1970. 9 people that play here, and we need people in the 10 When I first went to Bakery Center, it was actually 10 area who want to come to South Miami. They love 11 a bakery. You could smell the bread, and they made 11 South Miami, but they pass through South Miami to 12 it there. We've been through a lot of iterations 12 get to other shopping destinations in the city. 13 since then. 13 And they do that because they're newer. They have 14 You as a group have an opportunity to be 14 more restaurants, more stores, more everything, 15 heroes to create jobs, to create opportunities, to 15 more interesting places to walk and hang out at 16 create a tax base to really bring the city back to 16 night. 17 where we all want it to be, and I think this could 17 So we've got a wonderful opportunity here, I 18 be a historical opportunity for everybody to see 18 think, to transform South Miami into a real true 19 this change of events, that we haven't had, quite 19 destination and have a bustling Sunset Drive and 20 frankly, in South Miami, in that case. 20 73rd Street and Red Road. But the only way we can 21 But I do want to express a word of caution 21 do this is to have that development. 22 that these opportunities don't come around all the 22 And these guys, again, I think have done a 23 time, as you know, and we're at a critical 23 wonderful job of planning this out, and they've 24 inflection point, where if this opportunity is not 24 asked a lot of questions of the existing merchants, 25 seized, we may lose it, and we may lose it for 25 of, what do you want to see? What do you need? Page 99 Page 101 1 decades. 1 And I think that they should be applauded. - 2 So I really hope, as you think about the 2 And also I think you guys have to applaud the 3 various things, you think about the big picture, 3 existing retailers who are still here. Some of 4 your constituents, the people who want a good place 4 whom are on life support, but most of us aren't. 5 to work. They want jobs. They want a good place 5 Most of us are doing okay. Brick and mortar retail 6 to live. 6 isn't dying. As a matter of fact, some of it is 7 We all want a vibrant and sound South Miami, 7 having a revival. We're doing wonderfully. We're 8 and I'm just confident that you guys are going to 8 never done better. There's a future for that, but 9 do the right thing. Thank you very much. 9 you have to embrace it, understand it, and welcome 10 CHAIRMAN BASU: Hank Courtney? 10 the people that want to support it. 11 PUBLIC SPEAKER: Good evening. My name i II So I really implore you guys to think about 12 Hank Courtney. I'm a merchant at the comer of Red 12 this and also think about what will happen to South 13 Road and Sunset Drive and have been for most ofm 13 Miami if you don't. Thank you. 14 life. And I have lived through two other 14 CHAIRMAN BASU: Next up, Betsy Fantis. 15 iterations of this development, as have some of the 15 PUBLIC SPEAKER: My name is Betsy Fantis, and 16 other merchants here, and most of us have survived 16 I came to --I've, actually, lived in Miami for 17 in spite of them. 17 over 30 years. I'm a business owner. And I 18 When you talk to the merchants in South Miami, 18 decided to come to South Miami 4 years ago. I have 19 everybody is excited about this new project. They 19 one more year left on my lease, and I'm not so sure 20 want to make sure that you guys approve it, because 20 I'm going to re-sign, because all I see is "for 21 if you don't, they won't re-lease. They won't 21 lease," "for lease," "for rent," and it's very 22 renew their leases. They know what the future is. 22 scary what's happening. 23 We can see it. People have gone away. 23 This project is amazing. Sign me up. I don't 24 We do travel counts in our store, the number 24 know why anybody would not go for this project. 25 of people that walk by the store, the number of 25 This city is antiquated. We need to come into the 26 (Pages 98 -101) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 102 Page 104 1 century and beyond. Thank you. 1 and perhaps 80 percent of the CRA community that 2 CHAIRMAN BASU: Thank you. Next up is Gaby 2 supports the growth of the community. This is what 3 Guzman. No? The next up with Matt Sullivan? No? 3 this is about. 4 Amy Donner? No? Bishop Larry Jones? 4 And so, again, we want to say the development 5 PUBLIC SPEAKER: Good evening to this planning 5 team has done an excellent job. Thank God for the 6 session. My name is Bishop Larry D. Jones. I'm 6 Staff and thank God for thinking outside the box, 7 the pastor at Faith Tabernacle, 6141 Southwest 64th 7 for bringing somebody that can help us to 8 Street, where I succeed my late father, the pastor 8 understand this particular program. 9 here for 33 112 years. 9 CHAIRMAN BASU: Thank you. 10 As a little boy growing up in Miami, born and 10 PUBLIC SPEAKER: Thank you, sir. 11 raised, many days we came through South Miami. 11 CHAIRMAN BASU: Mari Chad? 12 Before we entered the zone of South Miami, we 12 PUBLIC SPEAKER: Good evening. To be brief, I 13 smelled Wholesome Bakery bread. Am I right about 13 think that the main thing is clear from the 14 this? 14 community, especially the businesses, that we need 15 You knew you was in South Miami. And that 15 this, for a shot in the arm. I think the Shops is 16 aroma just gave that impact. But what Wholesome 16 potentially a great community partner, and I think 17 did, it was an economic engine for the city of 17 a that, with a tweak here and there, they could be 18 South Miami. When that left, that started to 18 getting a yes. But I love the comments about solar 19 depreciate home ownership. 19 and affordable housing, about rainwater harvesting, 20 And I'm surprised to hear some of the folks 20 and all these are opportunities that I'm sure can 21 talk about affordable housing, when we've been 21 be implemented. 22 trying to get Madison Square, over a decade, built. 22 Also I would like to --I like the idea of 23 How dare you. It took years to get a pool, and 23 having residents and businesses actively advocating 24 it's still not the size of the pool that the 24 for better transit, because the site is a major, 25 community deserves. 25 major site in out downtown to advocate for that, Page 103 Page 105 1 But you have some people sit out here in the 1 and I think we need a better voice locally in the 2 community, come to chatter to the commission, 2 305 to do that. Ours is the only main street and 3 because they want to vent, but they don't have a 3 downtown along the transit line. So I'm excited 4 vested interest in this community. 4 about that. 5 We are looking to move forward for the future, 5 Also Victor mentioned, this is a wonderful 6 and if we don't prepare this for our children and 6 opportunity to reinforce the multimodal plan. So 7 our children's children, we're defeating the 7 to the shops, I would like to say, don't forget 8 planning. We're defeating the program that God has 8 58th Avenue as a major greenway. Of all the 9 assigned us to. He has assigned every one of us a 9 various perspectives, I would like to see that 10 purpose. Our purpose is to help mankind. When you 10 treated sensitively, because the 58th Avenue 11 don't do that you've failed the purpose that God 11 neighborhood greenway is a major north/south street 12 has given you in this opportunity. 12 connecting down to South Miami park to our north. 13 So yes, I'm going that route, because we've 13 Lastly, I'm very excited about all the bike 14 all been given the measure of faith, every one of 14 commuters coming to live in our downtown, to bike 15 us, and we're going to have to go outside the box 15 the Underline, the Red Road Trail, and to be 16 sometime to make things like this particular 16 customers for all of our businesses, especially 17 program come to fruition. 17 those near to my heart, Spoke Works and Met Cycle. 18 It's long overdue. I thank God for the folks 18 Thank you. 19 coming into this opportunity, because, guess what 19 CHAIRMAN BASU: Thank you. Last but not 20 it is? It's an opportunity. Now this opportunity 20 least, Mr. Edward? 21 has the potential that can address these things and 21 PUBLIC SPEAKER: Good evening, Members of the 22 bring it to the forefront and make it happen. 22 Planning Board, John Edward Smith, a resident of 23 I stand here with the concerned clergy and 23 South Miami for the past 43 years, business owner 24 citizen coalition around you. You have 100 percent 24 and development counsel here in South Miami for 25 of the pastor here and the CRA that supports this 25 32 years. 27 (Pages 102 -105) Veri text Legal Solutions 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 106 35 years ago I stood where that officer is and 1 protested the building of the Bakery Center. It 2 was too high. It overshadowed our city. Today I 3 stand here unequivocally in support of what is 4 being planned and presented to the Shops at Sunset 5 Place. I've participated in the downtown 6 charrette. I've participated in the charrette for 7 the CRA. 8 This is vital, to not only the life of our 9 business and restaurant districts, but, frankly, 10 for the life of the city itself, yes, for the life 11 of the city itself. Ifwe don't move forward with 12 this project, businesses will close, and the city 13 might as well close itself. That's how vital this 14 infusion of development is. 15 I mean, how can we tum away people who are 16 willing to put in $300 million to your community? 17 Hello? It's going to come back for the years to 18 come. 19 As someone indicated when they spoke, it's a 20 very common sense thing to happen, a masterful job 21 in the planning, opening up everything to the sky, 22 to the city, to the streets around us. It's quite 23 a design, quite a job, and you've got my vote, and 24 you know you're going to have the support of SoMi 25 Page 107 1 Magazine going forward as well. Thank you. 1 2 CHAIRMAN BASU: Thank you. All right, now we 2 3 have people in opposition. Michael McFall? 3 4 PUBLIC SPEAKER: It looks like I might be the 4 5 only one on that list. First of all, let me say 5 6 this, this is really stupid, not cool where this is 6 7 located. It should be over there. 7 8 In the last election, anybody join in on that? 8 9 Didn't we vote on this and say no? What is this? 9 10 The same thing? It's just new packaging. And I 10 11 say that very kindly. 11 12 The second thing is, are the voters going to 12 13 vote on this? We tried to do this the first time. 13 14 I guess what we did is re-voted on it, is that 14 15 correct? And it got voted down or something 15 16 similar to this. 16 17 Some people say this will keep taxes down. 17 18 Will this project get special tax relief for like 18 19 10 years? Sometimes you guys over there in City 19 20 Hall or something give a special tax break. Has 20 21 anybody ever heard of that? Is this involved in 21 22 any of that? People are worried about taxes, and 22 23 there's tax relief, and there's no real relief 23 24 there. 24 25 And here's the thing about taxes, okay? Every 25 Page 108 time somebody buyers $10 of gasoline, they're spending $5 in taxes. Do you know that? Have you gone out to US-l at 5:00? There are so many cars out there, there's gridlock. People don't seem to mind paying the taxes. So I don't know think taxes should be the issue. I feel like the plan stinks. I think what we need to do is think out of the box. Everybody can say, oh, I don't like this. Well, how many other people have something else to recommend? Well, I do. It's out of the box, and maybe it's strange and you don't like it. How about this? People want to sell City Hall, right where I'm talking right now. Has anybody heard about that? CHAIRMAN BASU: Excuse me, sir. City Hall is not on the agenda. Please address Shops at Sunset and that specific project. PUBLIC SPEAKER: I'mjust trying to have a conversation. I'm just saying I heard that. It's a rumor? Can I talk about a rumor? CHAIRMAN BASU: No. PUBLIC SPEAKER: Then I won't suggest doing a land swap here. CHAIRMAN BASU: You're against the project? PUBLIC SPEAKER: You used up his time. Page 109 CHAIRMAN BASU: He's not sticking to the point. PUBLIC SPEAKER: That was his time. It's not okay. CHAIRMAN BASU: Thank you. PUBLIC SPEAKER: My name is Antoinette Fischer. Although there are some aspects of this project that appealing, such as the opening up of the project into the streets, I have to oppose this project as it is presented, and that is because of it is going way, way outside of all codes that we have on the books now. I did some research on line, as far as spot zoning, and this looks like spot zoning. It smells like spot zoning. It could be a spot zoning situation. It could be challenged because of that. And I also heard several months ago that there was a lawsuit that was filed by the Department of Community Affairs, which is a state agency, against a prominent city in Dade County, and it was for the very same type of situation as this, putting in very high density right next to much, much lower density. It was required, in that case, to have an administrative hearing, and there was a settlement 28 (Pages 106 -109) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 110 Page 112 1 agreement, and that settlement agreement could 1 I must say, when the presenter said about 2 apply to this case. This could be a violation of 2 magnitude, it's right, but it's overbuild. It's 3 that settlement agreement. I'm no expert on legal 3 out of context with the Hometown feel. I would 4 matters. It's just that I've done some research, 4 support it. I think it's got some good ideas, but 5 and these are some concerns that I have. 5 the height is horrible. Cut it in half. 6 I also have some other concerns that I want to 6 We have traffic congestion already, horn 7 share with you about this, and that is that this 7 honking, fender benders, scared pedestrians. It's 8 appears to be a very thinly disguised attempt to 8 not the right time. It's a fright time out there. 9 create a whole new zoning district, and this is not 9 We had to put flashing lights up so drivers could 10 at all the way this should be done. This should be 10 see that there are pedestrians waiting to cross by 11 done before you, the Planning Board and the II the bank. 12 Commission, as a new zoning district, and many 12 It's not the right height. I agree there's no 13 facets of this proposition need to be explored. 13 affordable housing, and for many, I think it's like 14 There should be needs assessment impact 14 a finger pointing to the sky. 15 studies for the surrounding area, vacancy ratio 15 There's not been one word about solar, sewage, 16 studies, and more. After all, you want the 16 safety. No one at the dais participated, as far as 17 Commission to approve of a project, but meanwhile, 17 I know, in the charrettes years ago, when I did. 18 you don't want the Commission to approve of a 18 CHAIRMAN BASU: That's not true. 19 project that may wind up as blighted as the 19 PUBLIC SPEAKER: Oh, good. The outcome showed 20 business district is now. 20 some very neat ideas, like the bricks on Deli Lane. 21 This project, if built, will become a part of 21 35 years ago, the bank recentered. I was living on 22 the cityscape for perpetuity. Do you think that an 22 83rd Street. 23 isolated ill land of extreme density fits in with the 23 It's a disgrace how the city is being 24 Hometown Plan, the character of this city, the 24 demolished. Coral Gables can do what they want 25 infrastructure of this city? 25 with regard to South Miami, because they're on the Page III Page 113 1 The parks level of service is met? Really? I other side of the street. Do we need to build such 2 This city is now claiming land that doesn't even 2 ugliness like that building that's across from the 3 belong to it, as parks, and I think there could be 3 precious Doc Thomas House of the Audubon Society? 4 a legal challenge to that. That would be like me 4 Greed for developmental dollars is really 5 claiming that I could use my neighbor's swimming 5 detrimental to the health, safety, and welfare of 6 pool because it abuts my property, same deal. 6 the residents and of the city. It's a different 7 This discourages urban sprawl? No way. It 7 time. People don't have cars because they want to 8 does not. The urban in-fill is a complete failure. 8 live urban. They don't have cars because they 9 This has been acknowledged by the County Commission 9 can't afford them, because the pay is so poor. 10 for years now. What we're doing with all this 10 It's not holistic with an H, as was written in 11 increased density is we're bringing people in from II the Miami magazine. It's wholistic with an W. 12 outside the state of Florida to live here. We're 12 It's wholistic, a wholly cancerous, not historical, 13 bringing in a density of population that I don't 13 growth. 14 believe is sustainable. 14 What's next with this district zoning? Are 15 And we need another workshop, to think outside 15 you going to take the corner with CVS and the 16 of the box and come up with a solution for our 16 little strip mall and the other strip mall, down to 17 business district, which we have never been able to 17 the Chevron station, and do another such building? 18 actually contribute to. 18 It's like trying to put a watermelon in an empty 19 CHAIRMAN BASU: I respect your comments. I 19 egg shell. 20 would suggest you submit in writing anything that 20 I really seriously ask you to think about the 21 you haven't been able to express here. 21 height of this whole structure. Thank you. 22 Next? 22 CHAIRMAN BASU: Thank you. Anyone else, 23 PUBLIC SPEAKER: Good evening. I'm 23 speakers, wishing to speak? 24 Dr. Claudia Hauri. I've lived here since I was 24 PUBLIC SPEAKER: I didn't sign in. I didn't 25 6 years old, went to Sunset Elementary. 25 sign in because I didn't know whether I was going 29 (Pages 110 -113) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 114 Page 116 1 to speak at the beginning of this meeting. 1 Thank you. 2 Somebody asked me whether I was for this project or 2 PUBLIC SPEAKER: Can I just be brief? 3 against this project, and I said I don't know. I 3 Patricia Burkhard, 7730 Southwest 63rd Avenue, 4 came here to learn about it. I went to 4 thank you for everything tonight, and it was a 5 Mr. Zyscovich's office about a year ago and saw it, 5 great presentation. I just wanted to say, when I 6 and I, you know, familiarized myself with it a 6 first heard about this project, I was really 7 little bit; but since then, I haven't heard 7 psyched. I thought awesome. And then I heard for 8 anything. 8 sure the number of stories and I crumbled. Oh, my 9 City's grow. There's no doubt it. They grow 9 God, no, that's too big. That would just be an 10 around mass transit. Clearly this is a project 10 albatross. 11 that is called for in this location. Where else, 11 I actually looked up photos of Bank of 12 what better place to put it? I am concerned about 12 America, the biggest building in Coral Gables, to 13 the scale of it. My great fear is that we end up 13 try to see what it would really look like in real 14 once this proj ect is built, that the next 14 life. But I do think the zoning is ingenious, to 15 developers don't come along and amass another piec~ 15 say, okay, it's a new designation, and you have to 16 of property, and that, maybe 25 years from now, we 16 make specific criteria to fit into that new 17 end up looking likes the area around Dadeland. 17 designation. I think that's brilliant. 18 That is of serious concern for me. IfI can 18 The more that I sit with it and I look and 19 be assured that that's not going to happen, then I 19 what's happening around our city, I think the areas 20 think it's a project worth supporting. 20 that are vital have got these big places that are 21 I think the city of South Miami is a 21 drawing people, and I really do think that to see 22 small-scale city. I was here in the '70's, and you 22 such a big thing to come at that height I think is 23 could roll a bowling ball down Sunset Drive. There 23 the future. 24 was nothing happening on Sunset Drive. I've seen 24 I would just ask all of you to guard our city 25 this city grow and both bakery centers and the 25 and ensure that this is written in such a way that Page 115 Page 117 1 Shops of Sunset be built. 1 it would protect your neighbors and protect the 2 This seems like an exciting project. I have 2 rest of your city to keep it with some kind of a 3 my reservations, but I think if it's properly 3 home town kind of feeling, a home town of life. 4 monitored, it can be a success. 4 Thank you. 5 I do have one concern. It was mentioned that 5 CHAIRMAN BASU: Anyone else? Rebuttal? 6 all the things that are being asked for, it's a bit 6 ATTORNEY BASS: Let me just summarize, ifI 7 like Disney, in that, they want to have total 7 may. You have multiple requests before you. The 8 control as to how it's being monitored and 8 last speaker talked about writing this in such a 9 assessed, and I have a concern about that. 9 way that we would protect the city, that this type 10 The other thing is, and this is a tiny thing, 10 of development would you be locked at this 11 why are the parking spaces made 8-foot-6, instead 11 location. 12 of 9? I went through the '80s, when Coral Gables 12 I believe when you look at the district 13 had compact car space that was 8-foot-9, the city 13 regulations and the requirements of the district 14 of Miami was 8-foot-6, and Dade County was 14 regulations, the way that they were drafted, I can 15 8-foot-7. Why are these spaces made so small? 15 give you every assurance that this development will 16 Cars aren't getting smaller. That's a tiny detail. 16 be contained within the boundaries ofthe district, 17 When they talk about the increased number of 17 as drawn in the Comprehensive Plan and in the newly 18 parking spaces, it's because the spaces are 18 created district regulations. 19 smaller. 19 That was the concern for us from the 20 I have a lot of questions about this. I 20 beginning. We anticipated that, and we will fight 21 think, on the whole, it's worth supporting. But 21 that in the draft. Our primary partner, Federal 22 just make sure we have proper control, and this 22 Realty, is deeply committed to sustainability, and 23 doesn't become the beginning of turning South Miami 23 we'll be back before you and we'll be embracing 24 into another Dadeland. My name is Christopher Cook 24 this project's commitments to sustainability, and 25 Yarborough, and I've been a resident since 1982. 25 we'll present each and every one of those various 30 (Pages 114 -117) Veritext Legal Solutions 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 118 projects. 1 When we take a step back and we look at what 2 you heard tonight, we think about the evidence, it 3 was, ultimately, our duty to evaluate that. We 4 have competent and substantial evidence in support 5 of the applications that have presented to you this 6 evening. That competent and substantial evidence 7 includes the recommendations of approval of your 8 professional staff. It also includes the testimony 9 from Mr. Bernard Zyscovich, the professional 10 architect. 11 We talked about the Hometown. You had the 12 founding father of the Hometown, Victor Dover, a 13 preeminent architect with expertise, local 14 expertise, and Mr. Dover testified to you that this 15 worked within the Hometown and would be positive 16 for it. 17 You heard competent and evidence from 18 Mr. Plummer, that this meets all level of service 19 from a transportation perspective, and that 20 testimony was corroborated by your City's outside 21 reviewers. 22 When you look at the positions opposed, what 23 you did not hear was any competent --you heard 24 opinions, and that's fine, but those opinions are 25 Page 119 Page 120 Members, and what I would like to do is, you have your thoughts all gathered, so you can go one by one, just go through it and give us your thinking, and then we'll take each item. MEMBER PHILIPS: I have a question, really sort of a technical question about all these things that are going to change our maps and our guidelines and all of like that. These are regulations that they've been written, are written specifically for this project, but if that becomes the zoning, that means that anybody else that were to build on that property, in some future time, would then be governed by these particular numbers when they're filled in, right, these particular specifics? CHAIRMAN BASU: Right. MEMBER PHILIPS: We're making these laws something that's going to cover other people further on down. CHAIRMAN BASU: That's correct. Two things one is the legislative part of the process, comp plan amendment, text and map, zoning amendment, text and map. Those are legislative. Those apply whoever it applies to. MEMBER PHILIPS: So if, for instance, they Page 121 not entitled to the same evidentiary weight as evidence from people with training from the specific disciplines before you. 1 took a big chunk of property somewhere else, if In close, Mr. Chairman, you have an overwhelming amount of credible, relevant, competent, substantial evidence in support of this application, and you have zero competent evidence relevant to the technical matters that are before you. You have opinions, but those opinions, unfortunately, are not entitled to the same weight of the expert opinions that are before you on the technical matters presented. We would ask that you recommend approval on each and every one of our six applications. I thank you again for your patience, the opportunity to present at this special hearing and for the professionalism with which you conducted this meeting. And we're here for any questions you might have. CHAIRMAN BASU: Thank you. Are you ready? Let's take a bathroom break. (A recess was taken.) CHAIRMAN BASU: Next thing we're going to do is have discussion between the Planning Board 2 there were one, they could ask to have that be 3 rezoned to match this, and is it big enough and 4 close enough to the Metro -- 5 CHAIRMAN BASU: 1300 feet, I think, something 6 like that. But yes, the zoning code applies to 7 anyone that can come forward and meet those 8 criteria, can apply. 9 MEMBER PHILIPS: And I know that if we were to 10 approve this with conditions, one of the 11 conditions, which is on page 18, all the off-site 12 improvements were part of No. 4, under general 13 conditions, it talks about the certificate of 14 occupancy for Phase 2, but doesn't-Phase 1 have to 15 have a certificate of occupancy? 16 CHAIRMAN BASU: Certificate of occupancy, 17 you're talking about the new buildings? 18 MEMBER PHILIPS: Yeah, Phase 2. 19 CHAIRMAN BASU: The existing buildings have a 20 CC, a certificate of completion. 21 MEMBER PHILIPS: Oh, okay, so that's not 22 necessarily mentioned in any of this, okay. 23 And I think there was another question that I 24 didn't understand, which is not my opinion about 25 the whole thing, but it was just a technicality 31 (Pages 118 -121) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 122 Page 124 1 that I wanted clarification on. 1 CHAIRMAN BASU: Okay. 2 It says on the traffic, on page 20, No. 20, 2 MEMBER ALICEA: I really like the project as 3 that the applicant will submit a 58th A venue 3 well. 4 traffic assessment on an annual basis for a period 4 Just following up on the zoning district 5 of 5 years. For what? I mean, studying the 5 versus site plan line of questioning, the first 6 traffic, what's the point? Why is that a 6 item is the new zoning district for the parcel. It 7 condition? Jane? 7 allows heights up to 195. And I know the rationale 8 DIRECTOR TOMPKINS: We do have our traffic 8 and the design is for it to be close to US-I. But 9 engineer in the audience, but I suspect he'll need 9 there's nothing really impeding for, say, the 10 the data to formulate for us any future 10 project doesn't happen, for whatever reason, and a 11 improvements to that area. 11 new owner comes in, for a new design, to 12 MEMBER PHILIPS: So my thoughts are I think 12 potentially have up to 195 on that Sunset Drive or 13 this is a wonderful project. I like the looks of 13 anywhere else on the parcel, and I'm just curious 14 it. I like the fact that the very tall building is 14 what the concerns are, because we are selling the 15 offin a comer, where no one is going to see it, 15 certain plan to the community. 16 except from Winn-Dixie or from the train station. 16 And to the last commenter's kind of point, the 17 I like the fact it reminds me of the Flat Iron 17 rationale make sense for the design as it is. I 18 Building, from that particular aspect. 18 think it's very appealing. There's diagrams 19 I wonder how often the people are going to use 19 helpful about the height level, that you didn't 20 the interior driveway as a passthrough and whether 20 show that. That made a lot of sense to me, when 21 that's going to maybe be a mess. But, basically, I 21 you jump the numbers from 50 to 195, when you read 22 like the whole schmear. 22 the narrative, but when you see the visual, it 23 CHAIRMAN BASU: Who wants to go next? Are you 23 makes a lot more sense. 24 ready? 24 But what's there to stop somebody else under 25 MEMBER JACOBS: No. 25 the new zoning district? Because you're bound by Page 123 Page 125 1 CHAIRMAN BASU: Are you ready? 1 the approved site plan now. 2 MEMBER MELOW: Yeah. As I said before, I like 2 ATTORNEY BASS: Correct. 3 it. I like the walkability. I also like that the 3 MEMBER ALICEA: But this situation has 4 building, the tall part of the building, is towards 4 happened, where there was, you know, a different 5 US-l and towards the Metrorail. 5 plan, and nOw there's a new developer, and they 6 The area needs to be revitalized. You know, 6 have different ideas. You don't know what future 7 we've had merchants and people with shops there all 7 brings. 8 asking for it. We've had someone from the CRA, 8 ATTORNEY BASS: I'm going to answer the 9 that also is asking for it. 9 question surgically. The DS district regulations 10 I think it was a great presentation, and I'm 10 have two different height zones. One height is , 11 for it. 11 called the village zone, on Sunset. That has a 12 MEMBER ROBINSON: I think the people have 12 70-foot height. The taller buildings are located 13 spoken. I think the majority of people in South 13 in a separate zone, which is called the gateway 14 Miami want it. I think it will help the shops. I 14 zone. 15 think it help the economy in South Miami. I think 15 MEMBER ALICEA: I remember reading that. 16 this could be our crown jewel. 16 ATTORNEY BASS: So your hypothetical would 17 I think it's great that South Miami will now 17 violate the district regulations, because you could 18 it's own hotel. If you have a guest, they have to i8 not bring that much height to Sunset. 19 go to, you know, Pinecrest to stay or Coral Gables 19 MEMBER ALICEA: Thank you for the 20 or Coconut Grove. They can't stay in South Miami. 20 clarification. 21 We need a nice hotel. And I think it's nice that 21 CHAIRMAN BASU: Ms. Palmer? 22 we get a new movie theater out of it. 22 MEMBER PALMER: First of all, the presentation 23 I mean, everything about this project I think 23 was very comprehensive, and it helped me a lot to 24 is really great. And I'm very happy that they're 24 cover some of the areas that were not clear. 25 willing to do it for us. 25 However, I still struggle with that height. 32 (Pages 122 -125) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 126 Page 128 1 I love the project. I am aware that Sunset 1 But we are not closing any of the streets or 2 Place is dying. I don't think it's only the rent 2 eliminating any lanes. 3 alone. I think there is more to it. Now, I 3 MEMBER PALMER: The other question is, the 4 noticed what was said, it wasn't mentioned anywhere 4 CRA, was there anything in your plan, that work 5 here, is, I think it was the commission or the 5 comes up to you and brought to your attention? 6 manager, without an idea, that there's going to be 6 Because I know, earlier on, the first development, 7 a special taxation for this proj ect or the proj ect. 7 they had some benefits, and I wanted to know where 8 Are there going to be --8 you were on this matter? 9 ATTORNEY BASS: To answer the question, we're 9 ATTORNEY BASS: I'm unable to speak on behalf 10 not seeking any type of tax relief. 10 of the CRA. I know that there are members here, 11 MEMBER PALMER: So here are the areas I think 11 from the CRA, supporting this, but I would not be 12 can be strengthened. I always say downtown is 12 prepared to speak for them. 13 downtown. Downtown should really have the larger 13 MEMBER PALMER: Thank you. One last thing, I 14 buildings of business and everything, because I 14 notice, I was a little curious about the 15 wouldn't want to have them closer to my place of 15 ordinances, and I notice each one interrelates. 16 living, looking like that. I always think that 16 CHAIRMAN BASU: They're all interrelated. 17 downtown should always get the development. 17 We're making the recommendation, so, in fact, when 18 However, I struggle with this one a lot 18 it goes to admission, if the first two items aren't 19 because of height. Throughout the project, I paid 19 asked, then nothing goes forward. 20 attention, and even during the break, I had to seek 20 But here, you know, we're just making a 21 some more information as to where, you know, which 21 recommendation and our observation and suggestions 22 comer, location, location, location. So I really 22 for the Commission. 23 struggle with it. 23 MEMBER JACOBS: I would like to ask 24 Another thing I struggle with is the special 24 Ms. Tompkins, what projects are coming before the 25 zoning, because I would hate to know that, in the 25 City, works and progress that will have a Page 127 Page 129 1 future, we have to have a similar situation, as it 1 cumulative effect in relation to this project? 2 was discussed or cleared up, that once business is 2 DIRECTOR TOMPKINS: I can tell you, we have 3 being established, can someone meet the criteria of 3 two applications pending. One is for a 32-unit 4 what you have? The City of South Miami cannot deny 4 townhome project, and another is another mixed-use 5 that. 5 building, restaurant and retail on the ground 6 ATTORNEY BASS: That's not entirely accurate, 6 floor, and I believe it is 202 residential units 7 Commissioner Palmer. You would still need to come 7 above that. 8 in and have a site plan approved, and the site plan 8 MEMBER JACOBS: Is that in the same downtown 9 would be a special commitment to design 9 district? 10 architecture setbacks and the like. And so the 10 DIRECTOR TOMPKINS: No. It's 6075 Sunset, 11 Commission would retain its authority, as it always 11 essentially across the street. 12 has, to grant zoning or not grant zoning, to 12 MEMBER JACOBS: Well, I'm concerned about the 13 approve a site plan or to not approve a site plan. 13 cumulative effect of the development that's adding 14 So there are protections that are embedded in 14 on to this and the effective management of traffic 15 the district regulations, as they've been drawn. 15 and development on public facilities and services. 16 MEMBER PALMER: As far as the street, are 16 How would the --is the City going to provide 17 there plans? 17 garbage pickup for you, or is it private? 18 ATTORNEY BASS: There are no plans to narrow 18 ATTORNEY BASS: It's private, sir. 19 the streets, and there are no plans to eliminate 19 MEMBER JACOBS: Another thing is that when you 20 lanes on the streets or close the streets. 20 took it over, it had 93 percent retail occupancy. 21 We do hope, and we have Victor on board, to 21 Is that correct? 22 improve the functionality of the streets and the 22 CHAIRMAN BASU: I don't think that place ever 23 safety of the pedestrian/bicycle experience. That 23 had 92 percent occupancy. 24 requires coordination with a lot of different 24 ATTORNEY BASS: I don't have the specific 25 agencies. 25 answer, but speaking to my ownership, they, to 33 (Pages 126 -129) Veritext Legal Solutions 800-726-7007 305-376-8800 Page 130 Page 132 I quote, it was never that high. 1 successful, the community has to be part of it. 2 MEMBER JACOBS: That's what it said in the 2 The community has to be a part of the project. 3 paper, and that's what your numbers were based on. 3 And there are certain things that make it 4 That's what the traffic was based on. 4 happen. One is it's design. Obviously, you 5 ATTORNEY BASS: Correct, correct. The 5 understand that. The height, scale, and density, 6 methodology and the models for the traffic assumed 6 they all have to have some context. 7 a far more aspirational occupancy than we ever 7 And I think one of the things that I would 8 achieved. We did that so that our numbers would be 8 really like you all to do before you go to the 9 conservative. They were based, these projected 9 Commission is, where does that 195 feet come from; 10 studies bumped those up, as if we were 95 percent 10 Is it because you wanted to build this other 11 occupied. 11 multistory building, and that's what it happens to 12 MEMBER JACOBS: No, what I read was that when 12 be? Is there a sequence of things that led you to 13 you bought it, it was at 93 percent retail 13 believe that 195 feet is the right height for that 14 occupancy, and because they were office rentals 14 location? You don't need 195 to do the density or 15 that were unoccupied, it was 80 percent for the 15 the units you need. 16 whole development. 16 So I think there needs to be a little bit more 17 CHAIRMAN BASU: Are you're talking about a 17 substance behind that or support, in case the plan 18 newspaper? 18 changes. Again, I'm not opposed to the density, 19 MEMBER JACOBS: It was a quote from one of the 19 but the density can be achieved without having to 20 officials of Grass River. 20 go 190 feet. 21 ATTORNEY BASS: I don't know the source, and I 21 But, again, I'm not opposed to the height 22 can't respond to that. 22 even, but I need to have a little bit more 23 MEMBER JACOBS: I'm concerned about the huge 23 understanding of where you come from and how you 24 disparity of the size of the building. That would 24 get to that. 25 be my main concern, the impact. 25 Public spaces, you all have spoken to public Page 131 Page 133 1 CHAIRMAN BASU: All right. I think the scope 1 spaces a lot, but I still feel that a lot of things 2 of the project, I don't know if you mentioned that 2 can happen. The connectivity, the public space, 3 before, it was a little, for a moment --we're 3 there's hardly anything showing the connectivity of 4 talking about a parks level decision to a number 4 the community with the transit. I know you talked 5 that we can actually inquire put in there, shrubs 5 about it, but it doesn't show it. I mean, you 6 and things like that. It's just too many things 6 don't even have a pedestrian crossing-way, across 7 and too many details to absorb, parking stall 7 US-I, for the transit. It's as simple as that. 8 sizes, number of trees, that we're talking about. 8 So the connectivity, public spaces are not 9 So that's kind of a little bit overwhelming, 9 spaces that are left over between buildings. They 10 and it's just not, you know, scaled to the project, 10 have to be designed and created, and then the 11 to the community, and doesn't allow people to 11 buildings can help give it some form. 12 really have an oral evaluation of it. 12 So public spaces, I just think public spaces 13 Again, my comments are not --and don't take 13 are one of the most important things for the 14 it as a negative sense, because I'm supporting of 14 community to become part of this project. By being 15 the project, but I want to make sure that we can 15 there, enjoying the facilities, by enjoying an 16 tweak some of the things that I see can be tweaked, 16 afternoon out in the air, a farmers market, an art 17 to make it better. 17 festival, whatever, a concert, without having to go 18 I think integration has been a big issue in 18 spend money at the shops, but just to enjoy the 19 the last two go-rounds, integration of the project 19 facility. 20 to the community, and that has been some ofthe 20 That's one way to integrate the community and 21 biggest problems, along with other problems, why 21 get the community engaged with the project, and I 22 these projects fail. 22 think that's very important. So just take that 23 And, obviously, we have different opinions on 23 into consideration and see what you can do. I do 24 height and density and all that, but all of us 24 definitely like to see public spaces and how to get 25 agree that, for a project of this magnitude, to be 25 out into the connectivity and how it connects with 34 (Pages 130 -133) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 134 Page 136 1 the community. 1 feet. I thought it was 24 feet was the standard, 2 CRA, I think, you know, we have to have some 2 really. But I don't think that standard is going 3 discussion about how this project reaches the goals 3 to work. And that, to me, is a problem. 4 and objectives of CRA. It is a big part of CRA. I 4 The traffic study, I understand that, you 5 know the answer is going to be part of the tip 5 know, everything is meets the concurrency. You 6 funding and the jobs, but I think there is some 6 cannot say that we keep putting more traffic and 7 acknowledgment that this is part of CRA, and we 7 it's not going to impact. I think it will be wise 8 have to acknowledge that and see how we can reach 8 for us to look at some of the intersections and 9 out to the CRA's objectives and how we can meet 9 some of the sections and see what improvements 10 that. So I think that, to me, is very, very 10 could alleviate some of the traffic issues. Again, 11 important. 11 it might not be in concurrency. It might be that 12 Affordable housing, I know it's fashionable to 12 you can build it, and there's never going to be a 13 talk about affordable housing, because no one wants 13 fail. 14 to do it, because no one wants it anywhere. But I 14 So I would definitely suggest that you look at 15 think here's an opportunity for a city such as 15 smell offsite improvements to make the project a 16 South Miami that's always talking about affordable 16 little bit more plausible, and also look at things 17 housing, affordable housing, affordable housing. 17 like having a Zip Car, a car sharing housed in the 18 But here are 414 units. Why are not some of 18 project, so that pedestrians can utilize them 19 the units set aside for workforce housing? I'm not 19 readily. So there are other ways of minimizing or 20 talking about low income, but workforce housing; 20 reducing, really, the traffic. 21 which is, I think, 80 percent median, 120 percent 21 So 17 stories, the entryway, gateway, I think 22 median. 22 it obviously works very well. I think someone 23 Why don't we have a covenant that requires 23 mentioned Flat Iron; which, I would have liked to 24 that 10 percent of the units, 40 units, is set 24 have seen a Flat Iron type of architecture. I 25 aside for workforce housing? So that's something 25 don't know if that's the gateway for South Miami. Page 135 Page 137 1 that I think. 1 Maybe it's a different thing. It's, again, it's 2 In terms of the zoning code itself, I do have 2 just an observation, that I just don't think that 3 an issue with the reduction of the landscape code 3 the balconies, 17 stories of balconies for the 4 requirements. I would really like you to take a 4 hotel, is the gateway for South Miami. 5 look at it a little bit more carefully, the 5 Red Road, we've heard this argument before. 6 landscape architect. I see I wrote "carefully" on 6 We have windows and doors and everything, and all 7 that. I see that we have palms. You're allowing 7 the stores will open out that way, and that's how 8 50 percent. We need more shade trees than palms. 8 plans were presented, but it's still that those 9 So the code right now is 30 percent palms, with 9 stores will have that type of face. What happens 10 extending to 50 percent. I don't think that is a 10 when you're inside? 11 good idea. II MR. ZYSCOVICH: In the retail plan right now, 12 The shrubs, the number of shrubs requires a 12 which is not yet completed, there are some stores 13 ten, and now you're bringing it down to three. I 13 that can face out, towards Red Road, like currently 14 mean, these are petty stuff. I mean, you're trying 14 exists, and also toward the Banyan Court, so what 15 to do a class project. Don't nickel-and-dime it 15 we're looking at are end caps, that, actually, are 16 with trees and shrubs. Those are things that make 16 the full store that wraps in the San Remo Plaza, 17 the space. 17 which I would like to address also, when we have 18 So parking standards, I think if you go to any 18 the opportunity, and also the fact that we have 19 parking garages, the trend is bigger cars, SUVs, 19 smaller stores along Red Road, in the arcade, that 20 you can't park in those. Go to that parking garage 20 we could have that don't necessarily go all the way 21 at the Metrorail South Miami. Every other space is 21 to Red Road. 22 unusable because people straddle over lines. I 22 CHAIRMAN BASU: Otherwise, the stores that are 23 think 9 feet is --and then the aisle is 40 feet 23 through and through, they basically close out the 24 for two-way traffic? That doesn't work. 24 Red Road entrance, and, you know, we've got white 25 So right now I think Coral Gables requires 23 25 paper pasted on the plants. 35 (Pages 134 -137) Veritext Legal Solutions 800-726-7007 305-376-8800 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 138 On the 17 -story building, I wouldn't mind 1 seeing some stepping back on Red Road. Because you 2 have the building set back from the base, towards 3 Red Road. Maybe you can take it away from Red 4 Road. 5 MR. ZYSCOVICH: I would be happy to show you 6 that, that, when you look at the plan more closely, 7 we have stepped the building back, the entire 8 building, not just the hotel, but also the 9 apartments are stepped back from Red Road, in a 10 different plane than the ones that are part of the 11 building. 12 CHAIRMAN BASU: All right. Those are some of 13 the comments I have. 14 MR. JACOBS: I have a question for Staff. 15 Ms. Tompkins, does this project's concurrency with 16 parks, do our parks include canals? 17 MR. DAVID: No. It's City-owned parks, and 18 also what's included in the calculation is school 19 board-owned recreation area. So it's made up of --20 it's not the whole site. It's just what's play, 21 play area. 22 MEMBER JACOBS: Thank you. 23 CHAIRMAN BASU: Any other comments? 24 MEMBER MELOW: I'm just curious. How much of 25 Page 139 1 the revenue of South Miami comes from the shops and 1 2 the stores? About 50, 60 percent of our tax base? 2 3 DIRECTOR TOMPKINS: I don't know that anyone 3 4 who would have that answer. 4 5 MEMBERMELOW: Yes. 5 6 MEMBER PALMER: I know we are not the 6 7 legislative body; however, all of us would like to 7 8 see some changes in some of these. We want to, 8 9 based on what I'm hearing, people would like to 9 10 support not as is, as it is going to be our 10 11 recommendation to further it? 11 12 CHAIRMAN BASU: Yes. What I would like to do 12 13 is take each item and make a motion to, if you move 13 14 it as is or if you want to move with some 14 15 condition, altercation, or deniaL Make a motion, 15 16 I guess. 16 17 MEMBERMELOW: I make amotion on Request 1, 17 18 that we accept Request No. 1. 18 19 ATTORNEY PEPE: I think what you need to do is 19 20 lay them all back on the table and take them up one 20 21 at a time. I didn't hear anyone making a motion to 21 22 leave it on the table. You were making a motion to 22 23 discuss doing something with No. 1. 23 24 CHAIRMAN BASU: We went through all the items. 24 25 ATTORNEY PEPE: I know you did. So they're 25 all off the table right now. So what I'm saying is, you need to put th'em all back on the table and then take them off one at a time, in order to vote on them or amend them. Page 140 CHAIRMAN BASU: So we have to read those things again? A ITORNEY PEPE: You don't have to read them. You can just leave all the items -- MEMBER MELOW: Make a motion to lay all the items back on the table? AITORNEYPEPE: Yes. MEMBER MELOW: Can I make a motion to lay all the items back on the table? MEMBER PALMER: I second it. CHAIRMAN BASU: Let's take one at a time. So the motion is put everything back on the table, even though we never took it off? A ITORNEY PEPE: No, you never took them out, but you lay them all on the table at this point. CHAIRMAN BASU: All right. You seconded it. All in favor say aye. ALL MEMBERS: Aye. MEMBER PALMER: I make a motion to reduce the height. CHAIRMAN BASU: Okay. Request No.1 is the Page 141 comp plan amendment. ATTORNEY PEPE: So now you're ready to take that one off of the table, and you make a motion to take Item 1 off the table. MEMBER PHILIPS: Why? CHAIRMAN BASU: He's the City Attorney. What are we taking off the table now? ATTORNEY PEPE: If you want to address Item No.1, you have to take it off the table. MEMBER MELOW: Why not leave them all off table? He's going to vote on it. ATTORNEY PEPE: Because you have to address them one at a time. You can't address them all together. MEMBER ROBINSON: Okay, so you're saying I should make a motion that we take Item 1 off the table and vote on it? ATTORNEYPEPE: Yes. MEMBER ROBINSON: I make a motion that we take Item No.1 off of the table, and we vote on it. MEMBER PHILIPS: I second that. CHAIRMAN BASU: So Item No.1. MEMBER PHILIPS: Wait. We took it off the table, and now we're voting to appr~ve it? ATTORNEY PEPE: No. You're voting to take it 36 (Pages 138 -141) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 142 1 . off the table. Why don't you just have a group 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 vote to take it --there was a motion to take it 2 off the table and have a group vote. All in favor 3 to take it off the table, say aye. 4 ALL MEMBERS: Aye. 5 ATTORNEY PEPE: All opposed? None. So it's 6 off the table now. 7 CHAIRMAN BASU: So we take them one at a time? 8 ATTORNEY PEPE: Yes. 9 CHAIRMANBASU: ItemNo.PB-17-021? 10 MEMBER ROBINSON: I make a motion on Item 1. 11 MEMBER PHILIPS: Are you voting to approve it 12 and send it forward as it is? Is that what you're 13 saying? 14 MEMBER ROBINSON: Yes. 15 MEMBER PHILIPS: Along with the conditions 16 that the Staff has attached? 17 MEMBER ROBINSON: Yes. 18 MEMBER PHILIPS: Okay. I'll second that. 19 CHAIRMAN BASU: All in favor? 20 MEMBER MELOW: Yes. 21 MEMBER ALICEA: Yes. 22 MEMBER PALMER: Yes. 23 MEMBER JACOBS: No. 24 MEMBER PHILIPS: Yes. 25 Page 143 CHAIRMAN BASU: I vote yes. 1 The second Item is PB-17 -022. 2 MEMBER ROBINSON: I make a motion that we --3 ATTORNEY PEPE: --take it off the table. 4 MEMBER ROBINSON: Take Item No.2 off the 5 table. 6 MEMBER MELOW: Second. 7 CHAIRMAN BASU: Okay, this is the map 8 amendment. 9 MEMBER PALMER: I would like to make a motion 10 to an amendment to No.2. 11 MEMBER ROBINSON: I second. 12 CHAIRMAN BASU: The motion is made to accept 13 your amendment. 14 MEMBER ROBINSON: She hasn't told us what it 15 is yet. 16 MEMBER PALMER: I am making a motion to reduce 17 the height of the project, from 195. So was it 17 18 stories in the first place? Reduce it by 10. I 19 don't know what feet. 20 MEMBER ROBINSON: That's not the right place 21 22 for it. 22 23 24 25 23 CHAIRMAN BASU: First of all, we approved the 24 first item, which includes the 195-feet height. 25 We're basically changing the map, to reflect that. Page 144 MEMBER PALMER: We're taking it off the table, and putting it on the table? C:HAIRMAN BASU: This is simply a map amendment, for the thing that we voted on the first time. So with that? MEMBER PHILIPS: Yes, I approve. MEMBER JACOBS: I vote no. MEMBER PALMER: No. MEMBERMELOW: Yes. MEMBER ROBINSON: Yes. MEMBER ALICEA: Yes. CHAIRMANBASU: Yes. Okay, the zoning, I move the zoning PB-17 -023, with certain modifications, which the consideration of the landscape code and parking standard to be what we have right now with the zoning code. ATTORNEY PEPE: So you're moving to take PB-17 -023 off the table? CHAIRMAN BASU: Yes. MEMBER ROBINSON: And make the following-- ATTORNEY PEPE: No, vote to take it off the table first. MEMBER ALICEA: Second the motion. ATTORNEY PEPE: All in favor? ALL MEMBERS: Aye. Page 145 CHAIRMAN BASU: I move the item with the condition that applicant review the landscape code --and let me ask you this. Miami-Dade Count) is the landscape code, and you cannot go below that threshold, and I think some of these things are below that threshold. Miami-Dade County requires 30 percent palms or allows 30 percent. Miami-Dade County requires standards for every tree, so you can't go below those thresholds. I want to see if we can stick to our landscape code and parking standards, so with those two conditions. ATTORNEY BASS: If! may, Mr. Chair. And I apologize, there was a pending question from Commissioner Alicea on the landscaping, and I'm afraid We're heading down a path now of a misunderstanding of what we're actually proposing, given what's required and on the site, and if we could just take a minute to explain that to you, I think you will see it's exceeding what was required. And I know it's not the intention to send us backward, but rather to bring us forward, and I think if our landscape expert explained to you what we have, what we're proposing, perhaps that would 37 (Pages 142 -145) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 146 Page 148 I affect your position as it relates to the 1 we're calculating is about 28,000 square feet, as 2 landscaping, because I think, as related on the 2 opposed to the 11,000 square feet that we currently 3 table, it's a bit misleading, because it assumes 3 have. 4 that the site is vacant, and we're starting from 4 In terms of the shrubs, because of urban 5 scratch. 5 condition of our proposal, we feel that trying to 6 So if the Chair would indulge a minute from 6 shoehorn, if you will, too many shrubs into this 7 our landscaper, I think that would clarify and make 7 site is not an appropriate direction. 8 the recommendation to the Commission that much 8 One of the things we've tried to do is design 9 clearer. 9 this the right way first and then back out of it, 10 CHAIRMAN BASU: All right. 10 to a certain degree, to the code requirements. And 11 MR. KRIPLEN: Good evening, Members ofthe 11 that's how we've ended up with the information we 12 Board. My name is Marsh C. Kriplen, Landscape 12 have and the numbers that we have. 13 Architects, LAND, 2610 North Miami Avenue, Miami, 13 MEMBER PHILIPS: Can I ask a question, sir? 14 Florida. 14 MR. KRIPLEN: Yes. 15 I made a couple of boards, just to make this 15 MEMBER PHILIPS: Why couldn't we write the 16 easier for you, so give me just a second. 16 code according to what Dade County requires and 17 So what we have is a comp~rative analysis of 17 give them a waiver of that particular thing or 18 the existing condition, including the open space, 18 whatever you call it? If this governs us, some day 19 and our proposed design also, including the 19 there may be a blank site, to which this DS 20 opposing space. Also there's two tables that show 20 applies, and then you would want to ha,:e the proper 21 proposed canopy, site canopy, site palms, as well 21 trees, because they're not keeping the structure. 22 as a table there that's indicating the existing 22 So why not make it right according to the way Dade 23 canopies and site palms, and the expected 23 County requires? 24 square-foot shade coverage. 24 ATTORNEY PEPE: Let me say this. If you're 25 That's really the key, because what is 25 modifying your tree ordinance, it has to be Page 147 Page 149 1 currently on site provides around 11,000 square 1 approved by Dade County. Once this is modified, it 2 foot of canopy shade. That's both the canopy trees 2 has to --well, actually, this proposal needs to go 3 and the palm trees. Currently on site, we have a 3 to Dade County and get Dade County's approval, 4 total of 17 canopy trees and 69 palm trees. 4 because if Dade County doesn't approve it, change 5 Ifwe were to meet code today, on that site, 5 doesn't have any effect, because Dade County's 6 we would need 213 trees. That's the factor that 6 ordinance applies. 7 you get when you do the calculations based on 22 7 CHAIRMAN BASU: I think what she's asking for 8 trees per acre. 8 is reasonable. 9 That just said, that assumes, generally, that 9 ATTORNEY PEPE: I'm not suggesting it is or 10 you're starting with a clean slate and a clean 10 isn't. I'm just saying, no matter what the City of 11 site. A lot of the codes are written in a matter 11 South Miami does, if it is less than the 12 that makes it very difficult, when you're doing 12 requirements of Dade County, Dade County's 13 renovation work and you're keeping a fair amount of 13 ordinance applies. South Miami can be more 14 the existing structures on a property, to ever meet .14 restrictive in its ordinance, but cannot be less 15 your code requirements, simply because of the 15 restrictive than Miami-Dade County's standing 16 number of trees per acre is offset by whatever 16 ordinance. 17 structures remain. 17 MEMBER PALMER: I have a question. When you 18 For example, on our property the whole parking 18 remove an item and you put it back on the table, a 19 garage takes up a substantial amount of square 19 motion is made, it's followed by the amendment, 20 footage, that on a new property could be 20 with the same person? 21 reallocated or reconfigured to provide us more 21 ATTORNEY PEPE: No, it doesn't have to be the 22 opportunities for landscaping and trees. 22 same person. Anybody can take it off the table. 23 So, in your proposal, while it has fewer trees 23 Say motion, I move, and then second it, you vote 24 per acre, what we end up with, really, is a 24 for it, it's now on the table, and now you can 25 substantially more dense canopy, and the shade 25 amend it, or you can vote on it as is. 38 (Pages 146 -149) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 150 1 CHAIRMAN BASU: I have a motion on the floor 1 2 with the standard landscape code. 2 3 MEMBER ROBINSON: I wanted to make an 3 4 amendment to your amendment, that we give it to 4 5 them here, in the form of a waiver, but if anyone 5 6 else ever takes over the property, they wouldn't 6 7 have the same waiver. I'm not sure how to word 7 8 that properly. 8 9 MR. ZYSCOVICH: In may? I think the 9 10 confusion is the way that the baseline is written 10 11 is in relation to gross area. What we have is open 11 12 space. What we're trying to say is that we have, 12 13 to a certain extent, perhaps an apples-oranges 13 14 relationship, because the code analysis that's been 14 15 done is in relation to the way that it's been set 15 16 up, which is trees per gross acre. 16 17 What we have is we designed a project with 17 18 significantly more open space, more transparency, 18 19 more connectivity to the neighborhood. And what 19 20 our landscape architect is trying to explain is 20 21 that we have a substantial amount of shade of 21 22 trees, considering the open space. 22 23 So we're willing to work with you whatever way 23 24 you want, but it's important for you to understand 24 25 that what we have is a site that already has a lot 25 Page 151 1 of buildings, and the new buildings will have 1 2 substantially significant amount of open space, but 2 3 we don't have 10 acres of open space that we then 3 4 calculate the map and come up with all those trees 4 5 and somehow miraculously get all those trees into 5 6 the open space. 6 7 So it's up to you, Mr. Chairman, Members of 7 8 the Board, but I think that's where I think the 8 9 confusion is coming in. 9 10 CHAIRMAN BASU: I understand that. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MEMBER PHILIPS: Let me see if! understand. 11 We're trying to make a law for something that's 12 going to govern something in abstract, and our law, 13 the City's ordinance, has to agree with the 14 County's or be more restrictive than the County's, 15 but we cannot be less restrictive than the County. 16 So we have to change this as currently 17 written, to match the County and pass that as our 18 law for South Miami, and then, do we have the 19 right, Mr. Pepe, to grant them a --20 ATTORNEY PEPE: --variance? 21 MEMBER PHILIPS: --a variance of the rule, 22 under these circumstances? 23 ATTORNEY PEPE: You can't grant them a 24 variance of Dade County's tree ordinance. Dade 25 Page 152 County's tree ordinance requires that they have 20 trees per acre. You can't give them a waiver of that, without Dade County giving a waiver ofthat. MEMBER PHILIPS: So then would we make th( rule to match Dade County, and then they have to go to Dade County and ask for a waiver? ATTORNEY PEPE: It may be, and I haven't checked it, but it may be that our tree ordinance is more restrictive in this area than Dade County. So maybe Mr. Bass or his landscape architect can address that, ifhe has compared the two. So it's possible, in this particular area, that South Miami is more restrictive than Dade County, and so you can reduce those restrictions, but not less than what Dade County has provided. ATTORNEY BASS: To get us home before tomorrow, Mr. Chair, we would agree to a modification to the Dade County standards, if applicable. I'm not 100 percent where that gets us. I'm trying to work with you on this. We'll go back and take stock and see what that looks and feels like, and if we have to, we'll revisit this with the Commission or the County, and we'll do· that at that time. CHAIRMAN BASU: I'll make it simple. Right now it's 50 percent native trees required, and you're saying 35 percent native trees. That has nothing to do with the design, nothing to do with anything. You're just reducing the native tree requirements. Why? Page 153 MEMBER ALICEA: What are you talking about? The native trees? MR. KRIPLEN: The native tree requirement, we're attempting to transplant and maintain a fair amount of the existing palms on the site, and those palms are not natives, and because of the restrictions in the open space area, we had to work with it, and the way that our codes were coming out, keeping those trees has driven down our ability, by space, to provide additional balance there. Ifwe get rid ofthose palms, we can certainly add more native trees. CHAIRMAN BASU: So I guess, if applicable, we'll just go with that, the wording. So the landscape code, as applicable to the Miami-Dade County code, as applicable. And the park, I think we need to stick to our standard 20-4.4 as it is now. All right? Those are the two conditions. MEMBER ROBINSON: So you're making the motion 39 (Pages 150 -153) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 154 1 that we accept it with those two conditions, and I 2 will second the motion. 3 CHAIRMAN BASU: Okay. All in favor. 4 ALL MEMBERS: Aye. 5 MEMBER ROBINSON: I make the motion that we 6 take No.4 off the table. 7 ATTORNEY PEPE: You voted on the. amendment. 8 Now you have to vote on the item as a whole. 9 MEMBER ROBINSON: I thought we just did? 10 CHAIRMAN BASU: No. Okay, item as a whole. 11 MEMBER ROBINSON: I make a motion that we 12 accept Item No.3 as a whole, with the changes that 13 were recommended. 14 CHAIRMAN BASU: With amendment, okay. Second? 15 MEMBER ALICEA: Second. 16 CHAIRMAN BASU: All in favor? 17 ALL MEMBERS: Aye. 18 MEMBER PHILIPS: Ask for negatives, just to be 19 sure. 20 CHAIRMAN BASU: Anyone opposed? No one. 21 MEMBER PHILIPS: No one opposed, okay. 22 MEMBER ROBINSON: I make a motion to take it 23 off the table. 24 MEMBER PHILIPS: I second that. 25 ATTORNEYPEPE: And that's PB-17-024. Page 155 1 ALL MEMBERS: Aye. 2 CHAIRMAN BASU: Okay, just the zoning map, 3 changing the map. 4 MEMBER ROBINSON: I make a motion that we 5 accept No.4 as is. 6 MEMBER JACOBS: Second. 7 CHAIRMAN BASU: All in favor? 8 MEMBERS: Aye. 9 MEMBER JACOBS: No. 10 CHAIRMAN BASU: One no, okay. 11 MEMBER ROBINSON: Number 5, I make the motion 12 to take it off the table. PB-17-025. 13 MEMBER PHILIPS: I second that. 14 CHAIRMAN BASU: All in favor? 15 MEMBERS: Aye. 16 MEMBER JACOBS: No. 17 CHAIRMAN BASU: Any opposed? 18 MEMBER JACOBS: Yes, one no. 19 CHAIRMAN BASU: Okay. I make a motion we 20 accept it as is. 21 MEMBER PHILIPS: I second that. 22 CHAIRMAN BASU: It's seconded. All in favor? 23 MEMBERS: Aye. 24 MEMBER JACOBS: Nay. 25 CHAIRMAN BASU: So one is opposed. No.6? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Page 156 MEMBER ROBINSON: I make a motion that we take Request No.6 off the table. MEMBER PHILIPS: That's PB-17 -026. MEMBER ALICEA: I second that. CHAIRMAN BASU: All in favor? ALL MEMBERS: Aye. CHAIRMAN BASU: Okay. Motion to approve? MEMBER ROBINSON: This is the approving request by the Shops at Sunset Fee Owner for site plan approval. So we're basically just approving everything -- MEMBER PHILIPS: Okay. This is the one that's not only site plan approval, but we have to with the conditions as set forth by Staff. MEMBER ROBINSON: Yes. MEMBER PHILIPS: I will second that, so we approve PB-17 -026, with the conditions as enumerated by Staff. CHAIRMAN BASU: That's what the other motion was, that we had some conditions, No.3, the landscape and the parking. MEMBER PHILIPS: No. This is just No.6. MEMBER ALICEA: As long as it's compatible with 17-023. MEMBER ROBINSON: All those in favor? You Page 157 made the motion? MEMBER PHILIPS: I seconded it. MEMBER ROBINSON: I'm accepting. CHAIRMAN BASU: All in favor for the amended motion? MEMBERS: Yes. CHAIRMAN BASU: Any opposed? MEMBER JACOBS: Yes. No. CHAIRMAN BASU: We have one no. MEMBER ROBINSON: Now we vote for it as it is now? ATTORNEYPEPE: Yes. MEMBER ROBINSON: I make a motion that we accept this motion, with the contingencies that we placed on it, as is. MEMBER PALMER: I make the motion that Mr. Basu be the leader of this group. MEMBER PHILIPS: I second it. CHAIRMAN BASU: We've got to wrap this up. Everybody vote individually. MEMBER ROBINSON: Yes. MEMBER ALICEA: Yes. MEMBER PALMER: Yes. MEMBER JACOBS: No. MEMBER PHILIPS: No. 40 (Pages 154 -157) Veri text Legal Solutions 800-726-7007 305-376-8800 Page 158 CHAIRMAN BASU: Yes. 1 2 3 4 5 6 7 8 9 All right. That brings us to the end of the agenda. (The Special Planning Board Meeting was concluded at 11 :20 p.m.) 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 COURT CERTIFICATE 3 STATE OF FLORIDA) 4 COUNTY OF MIAMI-DADE) 5 Page 159 6 I, Chloe Leroux, Florida Professional Reporter, 7 certifY that I was authorized to and did 8 stenographically report the foregoing proceedings and 9 that the transcript is a true and complete record of my 10 stenographic notes. 11 12 Dated this 31st day of October, 2017. 13 14 15 16 17 18 19 20 21 22 23 24 25 800-726-7007 Chloe Leroux, FPR Veri text Legal Solutions 41 (Pages 158 -159) 305-376-8800 [& -43] & 153 81:21 20,000 16:16 f--------~ 15th 15:14 20-3.1 11:5 & 2:814:1754:23 1600 82:1 20-3.3d 11:6 f---9_6_:7~,9 ____ , 17 6:12136:21 20-3.3f 11:7 1 1 18:1820:1229:19 30: 13 36:2040:9 41:844:11,16,17 45:4,1849:5,9 50:12,1551:9,14 51:24,25 53: 16 58:1861:3,10,10 80:21 81:690:9 108:3 121:14 123:5 124:8 133:7 139:17 139:18,23 140:25 141:4,9,16,20,22 142:11 1,000 91: 17 1,650 65:3 1.47 20:8 1.6 19:22 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49:24 50: 1 art 133:16 arterial 29: 18 36:2058: 1875:21 76:9 arterials 29: 19 75:21 article 11:3 12:15 12:16 aside 134:19,25 Veri text Legal Solutions Page 163 asked 30:8 66:24 68:7,990:2094:5 94:10 100:24114:2 115:6 128:19 asking 42:13 74:6 74:25 75:1,23 123:8,9 149:7 aspect 44:22 122:18 aspects 30:4 43 :25 50:1555:2576:17 109:7 aspirational 130:7 assessed 115:9 assessment 11 0: 14 122:4 asset 48:17,18 53:2257:13 assigned 103:9,9 assistance 9:25 associated 58:6 associates 2:8 14:1858:8 association 27:15 92:2 assume 25 :24 assumed 130:6 assumes 146:3 147:9 assurance 117: 15 assured 114: 19 attached 142:17 attempt 110:8 attempting 153:9 attempts 73:5 93:9 attend 3:224:1,4 attention 43:5 45: 1652:2 126:20 128:5 attorney 2:73:11 3:21,256:24,257:4 305-376-8800 [attorney -benefits] 7:12,20,248:6 13:4 155:15,23 156:6 baseline 150:10 1---'-----------\ 26:3 54:2058:4 b basically 18: 18 62:2,964:265:16 b 11:6 19:2,9,11 21:13 . 67:1568:21 71:17 back 8:18 16:8 40:2546:1547:16 74:13,16,21 78:8 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begins 45:10 behalf 13:16 128:9 believe 4:1928:24 53:22,2565:5 67:1269:1772:5 75:2276:12,14 77:3111:14117:12 129:6 132: 13 belong 63 :23 111:3 belongs 80:8 benders 112:7 beneficial 53:25 69:673:1975:14 142:4,5 144:25 76:3 130:3,4,9 123:1124:1125:21 benefits 128:7 154:4,17 155: 1,8 139:9 147:7 128:16 129:22 Veri text Legal Solutions 800-726-7007 305-376-8800 [bernard -call] bernard 28:738:24 blocks 92:24 119:22 126:20 breakup 81: 18 brick 101:5 118:10 blow 28:3 51:6 best 8: 17 13: 19,20 28:21,2465: 11 66:688:11 95:21 bet 95:18 betsy 101:14,15 better 7:431:7 37:8 43:23,2348:20 55:13,14,1486:19 101:8 104:24 105:1 114:12 131:17 beyond 45:19,20 102:1 bicycle 24:25 127:23 big 8:1640:17,21 40:2241:660:14 64:22 89:25 90:2,4 90:499:3 116:9,20 116:22121:1,3 131:18 134:4 bigger 135:19 biggest 116: 12 131:21 bike 55:2458:21 61:6 105:13,14 birth 79:19 biscayne 38:25 bishop 102:4,6 bit 16:1222: 14 30: 1 32:23 54:3 60:25 114:7 115:6 131:9132:16,22 135:5 136:16 146:3 blank 148:19 bleeding 96: 19 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12,24 50: 12 53:7,863:1075:8 80:7,2086:1290:2 106:2 113:2,17 116:12122:14,18 123:4,4 129:5 130:24 132: 11 138:1,3,8,9,12 buildings 16: 14 17:18 18:10,16 19:420:1536:11 38:242:243:20 52:1255:12,17 Veri text Legal Solutions Page 165 57:1673:478:12 90:191:13 121:17 121: 19 125:12 126:14 133:9,11 151:1,1 built 14:5 16:19 72:1278:1080:23 80:25 87:14 102:22 110:21 114:14 115:1 bumped 130: 10 bumper 31:9,9 bunker 89:20 bunkering 72: 17 burden 94:16 burkhard 116:3 burning 5:126:1 business 70:11,12 101:17105:23 106:10 110:20 111:17126:14 127:2 businesses 104: 14 104:23 105:16 106:13 bustling 34: 17 83:10 100:19 buyers 108: 1 byrne 91:4,5 c c 11:9 146: 12 cafe 47:751:13 cafes 47:6 calculate 151:4 calculating 148:1 calculation 138:19 calculations 60: 18 147:7 call 4:1437:23 50:6 148:18 305-376-8800 [called -cities] called 21: 1 30: 11 30:1456:2296:7 114: 11 125: 11,13 calling 44:20 calm 46:18 calvin 2:8 14: 17 60:2 camera 54:2 campaign 27:10 canals 138: 17 cancerous 113: 12 canopies 146:23 canopy 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131:18,19 intend 8: 1 53: 17 intended 56:23 intensify 66:20 intensity 59: 17 70:2576:10 intent 39:5 intention 71 :22 94:13 145:22 interest 13:9,14 28:3 54:19 103:4 interested 14:3,9 77:15,2478:5 interesting 16:10 25:13 31:3 53:2 77:1293:6100:15 interfere 37:13 interior 122:20 intermodal 25:2 55:18,22 internalize 33:22 internally 40: 13 interrelated 128:16 interrelates 128: 15 interrupt 28:2 intersection 34: 16 34:17 intersections 33: 17 59:469:21 136:8 intimidating 90:3 introduce 14:16 28:6 introduced 59: 19 70:12 800-726-7007 invaluable 14:20 invention 37:25 invest 84:23 92: 11 inviting 92: 11 involved 14:9 66:18 107:21 inward 89: 16 iron 122: 17 136:23 136:24 island 74:5 110:23 isolated 110:23 isolation 36: 12 74:4 issue 30:1032:25 46:869:22 81:8 108:6 131: 18 135:3 issues 9:1628:6,14 46:258:5 77:21 136:10 item 4:35:17 6:22 23:3 120:4 124:6 139:13 141:4,8,16 141:20,22 142:10 142:11 143:2,5,24 145:1149:18 154:8 154:10,12 items 5:5,6,106:3 6:21 10:2 12:25 25:11 58:11 128:18 139:24 140:8,10,13 iteration 72: 11 iterations 46: 10 72:2398:1299:15 Page 177 138:15,23 142:24 kids 89:595:14 144:7 155:6,9,16 96:13 155:18,24157:8,24 kind 77:1587:10 jacqueline 88:14 89:10 117:2,3 88: 16 124: 16 131:9 jake's 96:6 kindly 107:11 jane 2:79:2363:25 knew 3:21 56: 18 122:7 102: 15 january 25:3 jeff 41:1651:19 58:16,23 jeffrey 26:7 57:2 jewel 80:4 123:16 joaquin 96:3,4 job 77:3 94: 1597:9 100:6,23 104:5 106:21,24 jobs 72:998:15 99:5 134:6 john 74:9 105:22 join 107:8 jones 102:4,6 jorge 98:7,9 judge 75:13 judging 69:6 judgment 67:18 juice 83:15 july 60:11 jump 90:13 124:21 justification 63:6 76:1,377:2478:6 justifications 79:22 k know 3:197:22,24 8:15,249:2,6,10,17 15:1023:1832:25 34:436:439:14,16 41:2244:145:5 62:18,2563:2,9,15 63:25 64:567:9 68:1673:16,17,18 73: 1874:12 75:8 77:21 81:17 82:23 86:10,2487:12 88:15 89:2490:22 92:1295:13,20 97:2298:23 99:22 101 :24 106:25 108:2,5112:17 113:25 114:3,6 121:9 123:6,19 124:7 125:4,6 126:21,25 128:6,7 128:10,20 130:21 131:2,10 133:4 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19,21 94:24 105:3 109:13 124:5 lines 135 :22 list 4:156:9,9,10 38:19 107:5 listen 4:5 listening 26: 6 literally 90:9 little 30: 1 54:3 60:2563: 19,22 71:674:5 89:5 102:10113:16 114:7 128:14 131:3 Veritext Legal Solutions 800-726-7007 Page 178 131:9 132:16,22 135:5 136:16 live 32: 1635:5 37:2238:280:14 91:5 95:2,5 99:6 105:14 111:12 113:8 lived 35:1288:17 93:2498:999:14 101:16111:24 lives 35:13 85:13 85:1895:25 living 35:1538:6 53:1 56:2068:4,17 68:1891:10,18 92:24 100:8 112:21 126:16 llc 10:6,25 12: 14,20 local 35:1287:21 118:14 locally 87:23 105:1 locals 90:22 locate 36:16 located 29: 18 33:7 36:16,1859:2 107:7 125:12 location 36:15 38: 11 41: 8,22 48:10,2352:10 59:261:975:16,20 114:11117:11 126 :22,22,22 132: 14 locations 55: 17 locked 117: 10 lodging 56:14 70:13 71:1 long 6:10 16:24 28:130:2339:15 85:4,888: 1693:21 103:18 156:23 305-376-8800 [longer -meetings] longer 84:10 look 20:2521:16,17 22:9,2223:11 32:6 32:740:14,21 41:2143:20,24,25 47:348:2450:10 51:16,23 64:14,16 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120:11 measure 103: 14 measurements 34:15 measures 59: 14 mechanical 86: 13 mechanism 33:3,4 median 134:21,22 meet 19:1435:18 55:1 121:7 127:3 134:9 147:5,14 meeting 1:5 3 :4,23 4:2,226:16,21 27:14 114:1119:19 158:4 meetings 26:22,24 27:3,5,6,1268:6 94:2 305-376-8800 [meets -modifying] meets 59:24 61: 19 118:19 136:5 melow 2:33:12 10:581:11,2382:2 123:2 138:25 139:5 139:17140:9,12 141:10 142:21 143:7 144:9 member 3:7,12,13 3:14,15,16,17,18 4:1,6,21,22,245:16 5:228:149:20 10:5 10: 15,24 11 :22 12:5,13 13:22 62:13 65:8,10,13 66:968:269:14 70:2,17,2071:2,3 73:674:2077:11 80:2,2081:7,11,23 82:296:18 120:5 120: 17,25 121:9,18 121:21 122:12,25 123:2,12 124:2 125:3,15,19,22 126:11 127:16 128:3,13,23 129:8 129:12,19 130:2,12 130:19,23 138:23 138:25 139:5,6,17 140:9,12,14,23 141 :5,10,15,19,21 141:23 142: 11,12 142: 15,16,18,19,21 142:22,23,24,25 143:3,5,7,10,12,15 143:17,21144:1,6 144:7,8,9,10,11,20 144:23 148:13,15 149: 17 150:3 151:11,22 152:4 153:6,25 154:5,9 800-726-7007 154: 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31:5 80:23 87:1797: 15 98:4 133: 18 monitored 115:4,8 monroe 92:19,20 month 65:3,4 91:17 months 60:11,14 60:21 109:17 monument 37:12 morning 29: 17 69:2570:4,4,9,10 70:14 mortar 101:5 motion 62:6 139: 113 139: 15,17,21,22 140:9,12,16,23 141:3,16,19 142:2 142:11 143:3,10,13 143:17144:23 149:19,23 150:1 153:25 154:2,5,11 154:22 155:4,11,19 156:1,7,19 157:1,5 157:13,14,16 move 34:7 80:18 85:16 103:5 106:12 139:13,14 144:13 145:1 149:23 moved 25:9 movements 69:21 movie 16:21 17: 14 60:14,15 123:22 moving 54:14 144: 17 multimodal 105:6 multiple 117:7 800-726-7007 multistory 132: 11 n name 9:2226:7 38:24 54:22 58:7 85:23 91:5 92:20 93:2,23 96:498:8 99:11101:15 102:6 109:6 115:24 146:12 named 57:7 names 6: 12 82:7 narrative 124:22 narrow 41:10 127:18 national 100: 1 native 78:4 92:22 153:1,2,4,7,8,17 natives 153: 11 /natural 72:21 nay 155:24 near 30:21 86:6 105:17 neat 112:20 necessarily 121:22 137:20 necessary 7:578:1 neck 93:4 need 9: 11 25: 13 30:2032:2238:19 46:1262:21 66:25 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129:20,23 130:7,14 91:20114:14 127:2 occupant 31:9 149:1 occupied 84:20 ones 7:10 82:8 130:11 138:11 occur 33:3,4 online 34:2057:2 ocean 37:11 open 6:540:13,18 october 1:93:4 41:1844:9,1545:9 15:12,14159:12 47:9,2550:18,19 offend 71:22 51:352:754:8,16 offended 71:18 70:11 73:8,11,13 offer 88:7,18 76:13,21,2277:2 offered 90:21 87:10137:7 146:18 office 5:3 12:22 150:11,18,22151:2 16:14,1417:10,15 151:3,6153:12 58:972:7 84:995:6 opened 83:3 96:6 114:5 130:14 opener 84:18 officer 106:1 opening 18:1 72:24 offices 17:435:6 81:13 106:22109:8 38:2472:7 openings 47:20 official 12:1,9 operating 66:5 86:2 officially 92: 11 operation 59.·5 officials 130:20 offset 147: 16 operator 60:9 offsite 24:20 opinion 121:24 136:15 opportunities 48:3 49: 11 98: 15,22 104:20 147:22 opportunity 28: 15 35:938:2239:7,10 39:1642:1 55:9 57:2568:2474:12 85:2598:14,18,24 100:17103:12,19 103:20,20 105:6 119: 17 134:15 137:18 oppose 109:9 opposed 45:10 118:23 132:18,21 142:6 148:2 154:20 154:21155:17,25 157:7 opposing 146:20 opposite 43:14 opposition 6: 18 107:3 option 93: 10 options 63: 8 oral 131:12 oranges 150: 13 . order 11:1943:18 64:3 79:13 140:3 ordinance 10:7,15 11:1,2312:655:4 64:9,11 65:11 148:25 149:6,13,14 149:16151:14,25 152:1,8 ordinances 128: 15 organic 72:21 organically 72:20 Ventext Legal Solutions 800-726-7007 Page 182 oriented 31 :24 originally 56:22 79:18 95:9 ortiz 96:3,4 outbound 70:14 outcome 112:19 outdoor 11:747:6 49:21 outline 15:727:22 outreach 26: 19 27:1968:2,6 outside 27:1832:1 34:269:4 103:15 104:6 109:11 111:12,15 118:21 outward 89:16 outwards 48:3 overall 31: 14 overbuild 112:2 overcome 67:9 overdue 103: 18 overlap 5:7 overlay 16:4 19:24 22:11 23:14,16 overlays 19:24 overly 55:4 overshadowed 106:3 overwhelming 90:8 119:5 131:9 owned 96:5 138:18 138:20 owner 10:6,25 12:14,2026:9 101:17 105:23 124: 11 156:9 owners 15:1227:6 27:1834:1967:7 68:13 84:2291:24 92:1 305-376-8800 [ownership -permit] ownership 102: 19 129:25 p p.m. 1:9,960:13,13 158:5 packaging 107: 1 0 packed 91 : 17 page 96:22121:11 122:2 paid 126:19 palm 147:3,4 palmer 2:53:7,15 3:184:65:16,22 8:12,149:20 11:22 26:4 32:24 70:20 71:3,17,2473:6 74:2094:9 125:21 125:22 126:11 127:7,16 128:3,13 139:6 140:14,23 142:23 143:10,17 144: 1,8 149: 17 157:16,23 palms 135:7,8,9 145:7 146:21,23 153: 10,11,16 panels 86:9,10,12 86:15,16,17,21,21 paper 130:3 137:25 parameters 79: 11 parcel 15:922:7 23:23 56:876:8,11 124:6,13 park 34:2235:23 37:1041:19,19 87:5 105:12 135:20 153:22 parking 15 :24 16:18,22,2517:19 17:23 18:12,17 22:2243:9,1244:2 800-726-7007 49:2,7 52:20,22 57:1758:1460:4,4 60:6,7,9,10,16,17 60:19,2061:17,21 61:2263:4,5,7 65:20,24,2566:16 86:24,25 87:2 115:11,18 131:7 135:18,19,20 144:15 145:11 147:18 156:21 parks 21 :3,10,11 111:1,3 131:4 138:17,17,18 part 15:4 18:320:7 20: 17,2521 :19,23 21:2422:8,2023:7 23: 1024:541:6 45:647:1 54:11 64:1967:1670:6 71:872:21 73:12 95:9 110:21 120:21 121:12123:4132:1 132:2 133: 14 134:4 134:5,7 138: 11 partial 18:6 participate 4:2,5 participated 106:6 106:7 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135:22 139:9 people's 88:22 pepe 2:73:11,25 6:247:4,12,20,24 8:6 13:4 139:19,25 140:7,11,18 141:2 141:8,12,18,25 142:6,9 143:4 144: 17,21,24 148:24 149:9,21 151:20,21,24 152:7 154:7,25 157:12 percent 68:3,5,13 78:4,480:1286:16 86:1895:18 103:24 104:1 129:20,23 130: 10,13,15 134:21,21,24 135:8 135:9,10 139:2 145:7,7 152:19 153:1,2 perfect 93:19 perfectly 36:24 period 61:570:4 122:4 periods 59:5 permanent 20:14 permit 15 :22 20:23 25:6 305-376-8800 [permitted -population] permitted 11:6 19:5,1222: 10,15 perpetuity 110:22 person 3:21 13:18 85:2288:13 149:20 149:22 personal 88:22 perspective 32: 17 88:1894:7 118:20 perspectives 105:9 pertaining 74: 8 petty 135: 14 phase 16: 19 17:2 18:5,8,15,1520:12 24:2241:1644:11 44:16,17,2049:5 80:21,21,2281:5,6 90:23 121:14,14,18 phases 18:5 phasing 18:13 philips 2:63:17 4:21 12:13 62:13 64:265:8,13 83:18 94:8,12 120:5,17 120:25 121 :9,18,21 122:12 141:5,21,23 142: 12,16,19,25 144:6 148:13,15 151:11,22152:4 154: 18,21,24 155: 13,21 156:3,12 156:16,22 157:2,18 157:25 phone 13:2 photographs 41:24 photos 116:11 pickup 129:17 picture 40:2299:3 pictures 41 :22 piece 43:1648:23 63:22 114:15 pilar 96:9 pinecrest 123: 19 pink 18:14 pivot 37:449:7 place 10:6,11,21,25 11:2012:4,12,14 12:20,23 15:3 17:7 22:723:2029:10 29:14,15,2330:4 30:2032:6,1534:8 35:2342:546:24 48:1649:8,2351:2 51:1953:23,23 60:661: 12 66:3 70:571: 15 78: 12 80:3,13 84:1 86:2 87:1991:14,18 92:896:899:4,5 106:6 114:12 126:2 126:15 129:22 143: 19,21 placed 36:24 72: 17 157:15 places 14:1235:6 40: 1953:5 65:25 72: 15 80:7 91: 17 100:15 116:20 plagued 85:3 plain 41: 18 plan 10:8,17,18 11:1712:2015:16 16:7 18: 13,24 19: 1 19:8,13 20:7,18 21:2222:18,19 23:20,2424:8,24 25:3,6,16,1827:25 28:8,11,1231:17 32:8,1042:11,12 42: 1445:7,15,17 55:3,22,23 56:16 57: 10,21 68:775:2 Page 184 76:2077:2079:1,1 94:3 108:16 79:2,5,16,2283:23 pleased 33:13 105:6 '108:7 110:24 pleasure 14: 16 117: 17 120:22 79:24 124:5,15 125: 1,5 127:8,8,13,13 128:4 132: 17 137:11138:7141:1 156:10,13 plane 138:11 planned 24:9 106:5 planners 54:23,24 planning 1:42:2,7 3:23 9:23 13:10,12 14: 19,2521: 14,15 21:1923:10 25:9 28:632:1739:21 46:13,1747:4 68:25 79:8,21 90:11 94:14 100:23 102:5 103:8 105:22 106:22 110: 11 119:25 158:4 plans 24: 17 32:4 55:1864:11 73:15 73:23 127: 17,18,19 137:8 plant 78:11 plants 137:25 plausible 136:16 play 28:1745:14 100:9 138:21,22 played 62:8 playing 62:4 85: 11 plaza 35:2248:22 51:954:10 137:16 plazas 18: 1 pleasant 41:9 please 3:44:12 29:6 64:5 69:9 82:6 82:9,15,1792: 11 pledge 3:5,6 plenty 21:7 plummer 28: 13 32:2433:1438:15 58:4,7,8,869:9,11 69:1970:3 118:19 plummer's 33:23 34:6 plus 5:1 pm 33:1959:5,12 59:13 61:1870:8 podium 7:158:7 poets 96:7,9 point 5: 14 15:2 37:443:1848:6,11 49:7,1950:22 51:1453:12,13 54:8 79:8 98:24 109:2 122:6124:16 140: 19 pointing 112:14 points 33: 13 64:25 policies 31 : 18 32:22 policy 31: 15,20 32:1969:373:10 75:3 ponce 58:9 pool 53:6 85:5,7,7 102:23,24 111:6 poor 113:9 popular 40:23 populate 72:6 population 72:4,13 73:8,11 80:12 111:13 Veri text Legal Solutions 800-726-7007 305-376-8800 [portion -property] portion 18:9 19:3 43:1 portions 35:21 posed 71:7 position 55:1257:7 146:1 positions 88: 1 118:23 positive 83:14,21 87:11,2288:2,9 118:16 possibility 55: 13 56:9 possible 27:2540:5 79:14 152:12 possibly 39: 12 potential 14:7 93:11 103:21 potentially 104: 16 124:12 poverty 68:4,5 87:25 power 15:262:17 77:17 powers 21: 14 23: 10 practice 54:25 82:2283:3,4,5 pray 97:1,2 preamble 57 :20 precedent 76:6 precious 113:3 precipitously 100:2 predominately 45:25 preeminent 118: 14 preemptively 36:6 premium 72:15,17 87:12 prepare 103:6 prepared 6:3 128:12 800-726-7007 presence 47:14 present 26:628:13 95:13 117:25 119:17 presentation 5:9,24 9:21 13:23 14:23 26:127:2329:11 probably 7:413:11 63:13 problem 65:23 69:2574:1591:19 136:3 problems 67:8 89:15 131:21,21 41:11 50:1454:18 procedural 4:11 62:4 76:1577:12 procedures 12:17 116:5 123:10 proceed 9:17 125:22 proceedings 1:7 presented 89:25 3:1 159:8 106:5 109:10 118:6 process 5:20 14:2 119:13 137:8 19:13 22:21 65:18 presenter 112:1 presenters 27:24 presently 73 :20 preservation 23:5 president 58:892:2 pressure 31 :25 32:18 pretend 64:24 pretty 40: 1657:8 58:1682:23 83:11 preview 32:23 price 64:25 65:5,6 81:2391:16 prices 31 :4,5 65:2 67:4 primarily 74:24 primary 30:331:18 57: 12 75:21 117:21 principal 29: 18 36:2058:1765:19 73:277: 1 prior 24:21 25:6 65:21 73:5 private 54:2463: 12 89:22129:17,18 privilege 26:8 55:1 86:14 120:21 production 38:4 productive 47:21 professional 26: 14 118:9,10 159:6 professionalism 119:18 program 27:12 30:559:11 79:11 103:8,17 104:8 progress 30:12,12 128:25 project 4:20 10:10 11:19 12:2114:4,9 14:21 18:4,22 28:1829:8,1032:8 33:2035:13 37:7 38:742:6,2443:4 44:1,16,1848:8,15 48:21 49: 1453: 17 54:9,11 55:8,11,20 56:11 58:6,11,17 58:1959:2,19,20 59:2460:561:5,8 61:13,1662:764:7 66:10,17 67:1 69:13,1670:18,24 Veri text Legal Solutions Page 185 72:15,1673:14,21 74:2,11 81:11 82:15 88:2089:11 89: 13,21 90:5,18 90:2592:13 93:16 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proposition 81:5 84:2 110:13 prose 93:18 prosper 57:19 protect 40:4 117: 1 117:1,9 protected 75:10 protection 11: 15 11:16 protections 127:14 protested 106:2 proud 26:1827:4 27:19 800-726-7007 provide 49: 11 60:9 60: 1968:9 129:16 147:21153:15 provided 61:16 76:23 152:15 provides 78:10 147:1 providing 10:16 11:25 12:848:21 provisions 11 :2,24 12:7,18 proximate 76:9 proximity 61:10,11 psyched 116:7 public 6:5,13 13:25 17:2534:3 35:20 35:2341:13,17 55:2357:1463:11 67:2080:1,1882:5 82:2084:8 85:23 88:1591:592:20 93:2396:498:8 99:11101:15 102:5 104: 10,12 105:21 107:4 108:18,22,25 109:3,6 111:23 112: 19 113:24 116:2 129:15 132:25,25 133:2,8 133: 12,12,24 purchased 88:24 purpose 103:10,10 103: 11 purposes 11:5 pursuant 11: 1 ,23 12:6,1521:4 push 54:3 pushed 90:8 put 31:136:19 37:1244:1446:19 47:551:1762:6 66:3 81:285:5,8 86:11 89:893:14 106:17 112:9 113:18 114:12 131:5 140:2,16 149:18 putting 37:19 46:20 109:21 136:6 144:2 Page 186 quote 57:15 130:1 130:19 quoted 57:11 r radius 27:18 rain 46:9 rainwater 104: 19 raise 7:14,21 8:1 91:19 q raised 8:432:25 f----~---____j qualify 75:23 77:21,22 102:11 quarter 63:10 ramps 44:449:1 question 3:18 ran 80:22 28:1630:6,832:6 range 65:3 81:23 34:163:19,25 rapidly 94:22 67: 17 69: 12 71:6 rarely 57: 11 71:13,15,18;24,25 ratio 65:2266:6 74:8,12,2275:12 110:15 78:23 80: 11,17 rationale 124:7,17 81:4,17,2084:25 reach 93:11134:8 95:20 120:5,6 reaches 134:3 121:23 125:9 126:9 reactive 79:14 128:3 138:15 read 5:58:169:11 145:14148:13 10:2,1457:9 149:17 124:21130:12 questioning 124:5 140:5,7 questions 5:13,14 readily 136:19 5:246:28:1828:4 reading 25:15,22 29:458:3 61:25 125:15 62:12,13 64:377:6 ready 119:21 77:13,2394:5 122:24123:1141:2 100:24 115:20 real 53:22,23 56: 19 119:19 65:2391:10 100:18 quickly 46:5 107:23 116:13 quid 30:15 reality 41:2347:19 quite 26: 13 27:4,19 62:7 33:13 46:24 53:20 realize 55:1657:1 76:2497:2298:19 realized 31:755:19 106:23,24 realizing 55:24 quo 30: 15 reallocated 147:21 Ventext Legal SolutIOns 305-376-8800 [really -representation] really 6: 1 7:7 8:25 9:11 23:1728:18 32:9 39:22,24 40: 1741: 16,25 42:543:744:11 45:1046:12,24 47:749:5,13 50:1 50:2252:3,1053:5 53:25 57:6,20 65:2466:12,16,21 67:12,1670:11,15 79:980:1084:20 87:889:1490:14 90:1593:6,18,20 94:1098:1699:2 101:11107:6111:1 113:4,20 116:6,13 116:21 120:5 123:24 124:2,9 126: 13,22 131: 12 132:8 135:4 136:2 136:20 146:25 147:24 realm 35:2041:18 realty 26: 1 0 68: 12 117:22 reason 3:25 35:4 51: 17 124: 10 reasonable 149:8 reasoning 79:3 reasons 35:2,3 57:2 72:1473:288:24 rebut 6:18,19 rebuttal 36:7,9 62:10117:5 recall 49:4 received 8: 16 recentered 112:21 recess 119:23 recognition 30:16 800-726-7007 recognize 57:12 68: 1978:9 recognized 37: 16 82: 16,18 reduce 140:23 143:17,19152:14 reducing 136:20 153:4 recognizing 68:18 reduction 78:2,3 recommend 29:6 135:3 84:5 108:10 119:14 refer 3:20 recommendation 21:2525:8,10 64:13 128:17,21 139:11 146:8 recommendations 7:8 118:8 recommended 16:7 154:13 recommending 24:11 reconfigure 48: 1 reconfigured 45: 1 147:21 reconfiguring 17:25 reconnecting 50: 16 reconstruct 57:14 record 4:15 10:2 15:11 69:871:20 159:9 recreation 138:20 red 18:729:19 34: 13 37:440:9 42:2243:844:24 47: 13,2254:3,13 55:13 67:13 72:24 99:12100:20 105:15 137:5,13,19 137:21,24 138:2,4 138:4,10 redevelopment 20:21 32:3 58:25 61: 12 70:7,21 references 8:21 referred 30:23 reflect 143:25 refocus 68:24 refreshed 52:19 regard 112:25 regarding 39:21 60:4 regulations 11 :4,12 11:13 12:1615:22 21:5,1822:623:22 23:2524:2,1066:3 79:18 117:13,14,18 120:9 125:9,17 127:15 regulatory 78:24 reinforce 105:6 reinvigorating 37:3 rejuvenating 37:3 relate 73: 11 related 58:11,15 61:1 76:21 88:19 146:2 relates 29:23 64:21 65:2075:5 146: 1 relation 73:8 129:1 150: 11,15 relationship 150: 14 relationships 27:21 relevant 119:5,8 relief 107: 18,23,23 126:10 relieving 31 :25 Veri text Legal Solutions Page 187 remain 147: 17 remains 43: 10 remember 16:24 17:546:9,10 54:10 93:6,7 125:15 reminds 122: 17 remo 35:2237:5 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revitalized 84:2 93:12 123:6 revival 101:7 rezone 23:7 rezoned 121:3 rezoning .23: 11 rezonings 32: 1 rhetoric 85:2 rid 153:16 ride 31:632:16 ridership 31 :2,3 right 6: 147:2,14 7:21 8:2,49:19 10:4,13 23:1 29:10 29:10,1034:7,8,8 35:836:21 37: 17 38:842:4,543:19 45: 1246: 11 49:25 51:1954:1555:17 58:1763:1565:14 Veritext Legal Solutions 800-726-7007 Page 188 69:2270:17l:10 75:980:15 83:20 84:6,1785:6,15 87:890:6,11,23 93: 1096:899:9 102:13 107:2 108:13,14 109:22 112:2,8,12 120:15 120:16131:1 132:13 135:9,25 137:11 138:13 140:1,20 143:21 144:16 146:10 148:9,22 151 :20 152:25 153:23 158:2 rights 69:1 rise 3:4 risk 97:7 river 26:10 130:20 road 18:725:2 26: 13 29:20 34: 13 40:942:22 44:24 47:2254:3,13 55:13 67:13 72:24 73:1791:699:13 100:20 105: 15 137:5,13,19,21,24 138:2,4,5,10 roads 21:3 roadway 72:18 roadways 61:7 robinson 2:43:13 10:1565:1080:2 80:2081:7 123:12 141:15,19142:11 142:15,18 143:3,5 143: 12,15,21 144:10,20 150:3 153:25 154:5,9,11 154:22 155:4,11 305-376-8800 · [robinson 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sequence 27:23 132:12 serious 114: 18 seriously 9:6 113:20 serve 68:19 service 21 :2,11,11 33:1859:2476:19 111:1118:19 services 129:15 session 102:6 set 48:1550:11 53:7,1655:11,20 69:271:975: 14 134:19,24 138:3 150:15 156:14 setback 50:2051:8 setbacks 41:12,19 127:10 setting 45:1871:4 settlement 109:25 110:1,3 seven 5:6,106:21 12:25 sewage 112:15 305-376-8800 [sewer -source] sewer 21 :3,6 shade 45:2546: 1 78:16,17,18135:8 146:24 147:2,25 150:21 shape 14:730:3 share 85 :25 89:25 90:19 110:7 sharing 13 :25 136:17 sheet 38:18 sheets 4:12 shell 113:19 shine 84:10 shining 84: 11 ship 94:19 shoe 93:1 shoehorn 148:6 shop 35:5 37:23 67:772:996:7 shopkeepers 63: 1 shopping 17:9,13 34:2442:7 54:10 56:1967:583:10 93:1 94:2495:6,14 100:12 shops 10:6,11,21 10:25 11 :20 12:3 12:11,13,19,23 17:623:2028:25 39:340:15,18 41 :2543:284:22 85:16,2093:12 97:13 104:15 105:7 106:5 108:16 115:1 123:7,14 133:18 139:1 156:9 shot 104: 15 show 15:19 16:3 41:10,14,16,25 42:1643:1747:9 800-726-7007 50:1452:560:18 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six 15: 15 24: 12 silo 50:6 25:11 29:736:20 similar 24:4,6 63:5 119:14 66:11107:16127:1 sixth 87:5 similarly 32:21 size 75:1976:10 102:24 130:24 Veri text Legal Solutions Page 190 sizes 131:8 skin 89:12 skinning 37:2 sky 45:952:7 54:8 106:22 112:14 slate 147:10 slide 18:25 46:4 sloppy 13: 19 slow 96:19 slowly 96:19 smacks 84: 17 small 10:1619:13 26:23 27:2 76:11 114:22 115:15 smaller 65:3 115:16,19137:19 smart 90:10 smell 98:11 136:15 smelled 102: 13 smells 109:14 smith 105 :22 society 113:3 solar 62:1764:7,12 64:1777:1686:9 86: 10,12,15,16,17 86:21 104: 18 112:15 solution 111: 16 somebody 9: 17 75:5 104:7 108:1 114:2 124:24 somerset 63: 10 somi 10:9,19 11:4,8 11:11 12:2,10,16 15:19 19:1020:2 22:12 106:25 sorry 10:1 sort 120:6 sound 99:7 source 67: 1089:7 130:21 305-376-8800 . 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28: 12 talked 34:7 117:8 system 30:14,24 118:12133:4 1--3_1_:1_3~,2_3 ___ ---1 talking 4:236:15 t 54:463:25 69:22 tabernacle 102:7 90:17108:13 table 5:5 139:20,22 121: 17 130: 17 140121013 16 131:4,8 134:16,20 : " , , 153:6 140:19141:3,4,7,9 talks 121: 13 141 : 11,17,20,24 142:1,3,4,7 143:4,6 tall 36: 11,11 122:14 123:4 taller 125: 12 tax 32:2 98: 16 107: 18,20,23 126: 1 0 139:2 taxation 126:7 taxes 107: 17,22,25 108:2,5,5 tcea 33:6,7,9,11 58:25 tea 96:7,9 team 14:1435:9 39:655:1089:14 90:21 91:1 104:5 technical 32:23 63:19 119:8,13 120:6 technicality 121 :25 teenagers 89:5 tell 33:1441:22 55:463:1674:18 87:23 88:793: 14 129:2 ten 135:13 tenant 86:2 tenants 53:687:9 91:22 tens 21:8 term 93:21 terms 62:6 135:2 148:4 tesla 86:15,17 testified 76: 14 118:15 testimony 8: 11 118:9,21 text 15:15,20 18:23 22:325:11,19 120:22,23 Veri text Legal Solutions 800-726-7007 Page 193 thank 4:6 8:6 9:20 9:22,24 13:8,21,22 13:24 14:24 15:2 26:2,1438:19,22 48:654:1858:2 62:2,11 71:277:11 84:6,7 85:20,24 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