Order

Client Grant Stern

Ref # Walmart Midtown

Order # TC0769898371

Audio

File URL https://www.youtube.com/watch?v=XasVHX8Vk9M

Length 15 min

Audio Quality ★★★★★(Very Good)

Transcriptionist Wendy H.

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F. Garcia: That media worthy, but the media is here so we'll certainly try our best to address any issues that come up. Really where we are right now ... I guess the point of introduction is this project, which is an application for development of a Walmart store in some other sort of ancillary retail spaces in the Midtown area, has been under review for certainly upward of a year, probably closer to what, eighteen months.

G. Stern: Yeah, something like that. [inaudible 00:00:40]

F. Garcia: Over the last eighteen months, there have been numerous iterations, countless as far as I'm concerned. I'm sure certainly a number upwards of 5, 6, 7 and then variations thereof. As I presented the other day in the public meeting we held, we think (we the Planning Zone Department) think that this proposal is ready to be approved.

We think that the project as presented, with possibly some modifications, complies with the architectural and design guidelines of the District. It conforms to the [inaudible 00:01:21] requirements, to the use requirements, certainly all the zoning requirements as pertains to parking, loading, etc.

We are very close to issuing the final decision for the Class 2 special project that they have requested. As I explained again in the public meeting, the final decision can be issued for the plans as presented, can be issued with conditions or potentially the final decision could be a final decision of denial. Nevertheless, again whatever presented is that we are leaning towards [00:02:00] a final decision of approval or approval with conditions at this point in time.

With that said, I'm happy to cover any aspects that you want to cover more in detail.

G. Stern: Absolutely. I appreciate this meeting Mr. Garcia.

F. Garcia: Pleasure.

G. Stern: It's been our finding that there's numerous variances contained within these plans. I think the best way to walk through these variances is to take out the plans and just go through from the first floor up to the third floor and to examined the elevation [inaudible 00:02:30]. There are missing setbacks. There are missing setbacks on actually three of the four sides of the plan. One of them is required because of the uses that they've set aside for the second and third level. One of them is simply required by the design guidelines.

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We were here nine months ago debating a series of amendments that was presented to the Planning and Zoning Board. That series of amendments in the town's guidelines failed. This plan contains all of the features which were proposed to be amended last July.

F. Garcia: [crosstalk 00:03:12] . I'm not sure I'm following that end of things. The one amendment, I'm thinking now just using my recollection is good.

G. Stern: I've got the amendment right here.

F. Garcia: Perfect. Then let's look at it.

G. Stern: The amendment read, "Typical design and illustration shown for this roadway may be modified with the approval of the Planning Director in conjunction with the issuance of a Class 2 permit affecting the height, bulk, location, exterior configuration of any existing building or construction of any new building". That was the proposed amendment.

In other words, it may be modified by the Planning Director, but the code is different. The existing code, which was not modified says, "Streetscape [00:04:00] for all streets, the ground floor building shall be setback from the property line where necessary to provide minimum sidewalk 10 feet from the face of the building to the curb line". It continues, "The setback area shall be improved to meet the adopted design standards of the ST27 zoning district for the adjacent public sidewalk, including certain treatments".

An examination of these design standards compared with, we can take any page of the second floor circulation. This looks like the second floor. Clearly shows that within the design standards there should be a 10 foot setback affecting the entire second and third floor of this property. It is missing in these plans. Furthermore, the design standard affects the 10 feet from the building line to the street line. There are only 10 feet provided here.

Their plan calls to rip out 24 of 41 trees on the property and make this 500 foot stretch covered by 16 trees, but this plan does not match what's in here. This is the City Code. This is the design guideline that was debated in the [PCA 00:05:29] meeting. When you look at the plan for the street ...

F. Garcia: Do you have something playing on your phone?

G. Stern: There's a Google hangout in progress. The Huffington Post is carrying it.

F. Garcia: Well that's certainly [inaudible 00:05:52], but I certainly would have appreciated it very much if that had been disclosed beforehand.

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G. Stern: I understand. It is a public meeting though. You're a public official. [00:06:00] There's a 14th Amendment right to film interactions with public officials, very well established. The Obama Administration actually did put out a communique from the Justice Department last year about this. Anyhow ...

F. Garcia: I would like to make a statement, however. I just want everyone to know, and I think I advised all of you about previously, this is a meeting that did not have to happen. It is a meeting that we in good faith scheduled specifically for the purpose of answering some questions that Mr. Ehrlich and Mr. Stern had that were of a more technical nature. We were subsequently advised that Mr. Rabin from the Miami Herald might be in attendance to which we said certainly, by all means.

Only today, approximately 15-20 minutes prior to the meeting, did we learn that you would be coming along and you, I believe you are with CBS, is that correct?

Speaker 3: I'm with 10, that's CBS over there.

G. Stern: CBS and Channel 10 news which is ...

Speaker 3: ABC.

G. Stern: At any rate ... [crosstalk 00:07:02]

F. Garcia: If I may, if I may. Now, as the meeting is in progress, we learn that there is someone else and that we are being presumably broadcast live. You might as well know it all right now.

G. Stern: It's all public record anyway.

F. Garcia: Fantastic. [crosstalk 00:07:20]

G. Stern: And the open letters that were sent as well.

F. Garcia: Absolutely. I will tell you that I take exception to the fact that what was actually set up and scheduled in good faith to address ...

G. Stern: Sir, I'm just addressing the design issues, that's all. So let's continue ...

F. Garcia: I'm just going to say one more time, you will allow me to speak occasionally will you not?

G. Stern: Absolutely.

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F. Garcia: Thank you, appreciate that very much. I take exception to the fact that a meeting that was scheduled in good faith with two private citizens to go over some technical issues has turned into a media production. We have in the City of Miami, guidelines to host these kinds of meetings, which [00:08:00] I am right now technically in violation of. Nevertheless, we'll proceed. I'll certainly try to accommodate any questions [crosstalk 00:08:07]

G. Stern: Your accommodation is very much appreciated.

F. Garcia: Very well.

G. Stern: I understand it's exceptional because this is to review the work of your reviewers. You're the Planning Director. We know that you're not reviewing these plans personally every day. We understand that people like Carmen Sanchez review these plans and are incorrectly interpreting these diagrams and then advising you poorly. That's a big problem in this city. If we have city staffers that are unable to understand the code, they should be fired. I'm sorry. I'm sorry for being blunt, but that is my personal opinion as a citizen, as a taxpayer.

F. Garcia: I respect your personal opinion.

G. Stern: Anyhow, back to the Walmart plan. If you notice, there is bulb outs, off street parking, all this in the 10 feet between the setback and the street. If you look at this cutout, which by the way is incomplete. If you look at this incomplete technical drawing, it shows clearly that there's no intent for bulb outs, there's simply curb cuts and three lanes of travel.

Turn the plan this way. It's easier to see the top elevation in this section of the plan and the design standard. It simply doesn't match. This is not of the intent of the Midtown standards. This project needs to be declined for requiring a variance.

Am I saying that we cannot ever have a Walmart in Midtown? In my heart I would love to say that that would be possible, but it's not. If they abide by all the rules, there's no public meetings required and you very well know that. They could make a perfect submission and it it's right we'll have to sit here and have this conversation and you're actually giving them legitimate approval.

In my opinion and through my research, changing the streetscape, [00:10:00] changing the setbacks on the second levels, making 12 foot clearance against the code of this District to create a miniature loading dock that may or may not be used, this is something that would require a variance very clearly. Black and white. There's no gray. There's no design standard of photograph for that. It's

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simply black and white. The UDRB, if you reviewed the meetings. The Urban Designer Review Board,

F. Garcia: Urban Development Review Board right?

G. Stern: Yes. They clearly stated that they did not trust the applicant with an approval of conditions that they felt would not be met. Furthermore, they found that the applicant was using administrative devices to attempt to change their plan to comply. For example, with the width of the opening for their 4-unit loading bay. A waiver will not protect public safety in this instance. You'll have a street that's wide open to cars. No pedestrian protection as required in this diagram. No side setbacks. It'll become like an alleyway.

In addition to the fact that you'll have 600 cars parking in this garage, 1200 cars parking in this garage, five loading zones against code. Code clearly says the requirements for projects under 250,000 feet. Requirements, not suggestions, not minimums or maximums, but actual requirements are three loading bays.

Walmart came to us once, through the person of DDR, Mr. Chris Erb, met with a few of us from the neighborhood over a year ago, before the Planning and Zoning Board meeting. He told us, and Xavier Fernandez as well from DDR, [00:12:00] their council. They told us very specifically 3-5 trucks a day. That is what was going to move through this loading dock, and they confirmed it at a public meeting which he conducted at the Roberto Clemente Park last July.

They confirmed it in a public meeting at which you were present. This plan calls for 5 loading zones on two different levels. Clearly, 5 is greater than 3. If the requirements for the District are 3, they should not be given 5, nor according to their previous statements do they need 5.

There are numerous other problems such as the use. The minor use issue is something that will never go away obviously. We can sit here from this office, look out the window and see what everybody else has had to do as a minor use. As I understand it, it's been code defined in Miami 21 that these minor uses must be active. They must contain something that is open to the public from the street according to the District code. This project's ...

Speaker 4: Mr. Grant let's perhaps let Francisco talk about the water uses on the second floor.

G. Stern: I'm getting to that. There was a motion by the UDRB to obtain clarification from your office in conjunction with city staff about the definition of what is a minor use, when has that been acted on?

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F. Garcia: I'm not sure. To be perfectly honest with you ... Again I was faithfully and I think you have found in the past throughout this process that we have been, I personally at meeting plannings have tried to the best of our ability to respond to any and all questions that have been sent to us.

Unfortunately, the meeting I was planning to attend today was a meeting to receive additional feedback. [00:14:00] We receive too much, we can always receive more. My commitment to you has been, and continues to be, that we will certainly take any and all comments made into consideration and those shall be reflected in the final decision. By the way I should add quickly can be appealed to the Planning Zone, the Appeals Board and subsequently to the City Commission.

I understand that this is but one step in an otherwise public process. I think the most useful thing I can do at this point in time, given that you have much to say, is to receive and I certainly will receive it very well, each and every point that you make and perhaps ... Let me ask you quickly. You submitted in previous occasions many of these comments in writing. Are you adding to that record?

G. Stern: Absolutely.

F. Garcia: Perfect. To the extent that you are adding to that record, I think what may be of use to us, certainly of help to us, is to receive those concerns in writing as well. What we will do ...

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