Order

Client Grant Stern

Ref # Walmart Midtown

Order # TC0769898371

Audio

File URL https://www.youtube.com/watch?v=b4nnh2QmQfk

Length 16 min

Audio Quality ★★★★★(Very Good)

Transcriptionist Stephanie B.

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F. Garcia: ... Quickly is to respond to them in writing also. That will create the record that you can then base any further if you want.

G. Stern: Absolutely. There have been two written dispatches sent.

F. Garcia: Correct.

G. Stern: And you have acknowledged them.

F. Garcia: Correct.

G. Stern: There has not been any reply by any party.

F. Garcia: Right.

G. Stern: Nor have there been any changes.

F. Garcia: Well there will be. There will be either a reply that pleased to our satisfaction, because ultimately we are charged with issuing the approval that ... to our satisfaction, in response to your concerns and your comments ... Or there will be, as you point out, changes to the plans to correct any mistakes that have been made. There's no question about that.

G. Stern: So is it normal course for your office to issue an applicant a conditional approval when there are known variances?

F. Garcia: No ...

G. Stern: Has that ever happened before?

F. Garcia: No. Nor can it happen.

G. Stern: Okay there's no precedent?

F. Garcia: No. Nor can it happen. Let me make this clear. If there are any variances required, then the class two special permit can not be issued and can not stand on it's own. If a variance is required, there is a separate process for a variance, and that too is a public hearing process.

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G. Stern: Does the department take into account the tax ramifications of these proposals? For example, the free parking garage siting next to the city-owned parking garage.

F. Garcia: No, tax ramifications are not within our scope of review.

G. Stern: Okay.

F. Garcia: We are in charge to make it as clear as I possibly can ... I think you actually said it close to accurately if not perfectly accurately, let me just begin to say this clearly as I can. We are charged, as part of the class two special permit process, to do mainly two things. One is certainly to insure that the project is presented in compliance with the applicable regulations continuum, [inaudible 00:01:45] in city code. That's a minimal requirement. This is what [inaudible 00:01:51] to conduct design review to ensure that the project is presented ... is generally speaking, in compliance with the character of the area. Are you aware [02:00] that these issues represent the same exact text ... This portion of this project is affected by the portion that did not pass. Are you aware of that? Did you review the meeting last year? The Planning and Zoning Board meeting.

G. Stern: I did, I was present.

F. Garcia: No you weren't, it was Carmen Sanchez. [crosstalk 00:02:19] The appeal meeting, you were present for everything but the final appeal meeting. Sanchez presents his own behalf of the department [inaudible 00:02:27].

G. Stern: I differ ... I think you were present, so if I wasn't present, I wasn't present. Then yes, I'm not fully familiar with the full record of this application. Ultimately again ... I'm actually requesting that you convey to us all these comments in writing, and we will address them one by one thouroughly.

F. Garcia: Absolutely, I'd like to share something with you and then we can adjourn.

G. Stern: Please.

F. Garcia: This is Mr. [Schevich's 00:02:54] speech at that meeting.

G. Stern: Very well. That is [Bernard Schecich 00:02:58] A & E architect.

Female: [inaudible 00:03:00] are sent to all the known associations in the area, and they're posted on the website. There's plenty of notice on that. So you have to clarify that for the website.

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Schevich (sp?): Yes, but there's no public reading in a Class 2 allowance, this is what this is saying, that the planning director can make that decision. That's my point.

G. Stern: This is- that's the part of the amendment.

Schevich (sp?): Next one, 31st and 32nd streets minimum 60 foot right of way. They're inserting the word minimum. What that means is you can make the street any size you want. Which means that the character of the street could be changed by the planning director. Guidelines, where actual parking is provided a one foot wide gutter should, where parallel parking is provided. That means you can remove the parallel parking. That means-

G. Stern: That's what the [crosstalk 00:00:00]

Schevich (sp?): The cars that are parked on the street can now become more roadway. So now you have roadway next to sidewalk which is not the character of midtown. The whole point is that it's a pedestrian friendly environment and that [04:00] gives this individual or the city the ability to do that because they want to. Travel lanes have a minimum width of 10 feet. That's inserted. Why did they insert a minimum width of 10 feet? Because they want to add more travel lanes. It's not designed, 31st Street is not designed for four lanes, it's designed for two lanes.

Medians. Stone or concrete medians may be placed within the right of way where appropriate to provide a pedestrian [crosstalk 00:00:00]

G. Stern: That's right here.

Schevich (sp?): For street crossings to optimize vehicular travel. They're going to need a refuge because that's what the street will become. Okay, closing. I write these codes, I write them all over the country just like others do. Typically a text amendment is to correct text that has some kind of incidental impact where the language of the code might be confused or possibly need some amendment. I think you have to ask yourself this question. Why are you changing the code through text amendment without seeing the project, without seeing the drawing, and the impact of it is not just that it's a text amendment, the impact of it is that the way the code was written, which is why midtown is there so fast, is that if you abide by the rules you get to build your project without a public hearing.

So when you change the text amendment what you're really doing is you're eliminating any public hearing process other than an appeal after

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it's done. And that's why I am alarmed. This is a very big project, I have nothing against WalMart personally, that's not my issue. My issue is that the impact of these text amendments are giving all the authority to a single person in the city without public hearing. That effects so many people, whether pro or con [06:00]. It seems to fly in the face of the intention of why we wrote the code.

We wrote the code to say one thing; if you abide by the rules this is what you get. If you don't want to abide by the rules make your project public, let it be vetted and then if you win, you win. Thank you.

Man: I have one question Mr. Schevich.

G. Stern: I think he says it more eloquently than either of us.

F. Garcia: Valid points all, and I think worth noting for those who may be listening. Bernard [Siscovich 06:32] and his cadre were the original drafters of the actual master plan that presently governs the development in midtown. So, credit where credit is due. I think it is also fair to add the code and the regulations as written are simply memorialized in this movement. They do provide in certain instances, discretion to the planning and zoning department and ultimately to planning and zoning director so that on a case by case basis judgement calls can be made as to what the best design is. It has to be part and parcel of every design review process because one cannot, as a drafter of ordinances, and Mr. Shiscovich is a very capable drafter of ordinances, one cannot possibly foresee every possible aspect of every possible development that takes place within that district.

Because one cannot do that, what are then set forth are in some instances, standards and guidelines. Not necessarily requirements, but standards and guidelines to provide guidance to the planning and zoning department in reviewing these projects. So to get back to your point, to the extent that any of the items here can be adjusted through administrative review, these standards and guidelines, that's fair game. You are, however, positive that in certain instances in this particular project aspects of the project that you requiring [08:00] bearings and are not subject to the administrative discretion of the planning and zoning director. I understand that that is the point you are making, I understand it loud and clear and I accept it fully.

We certainly are charged with making a case. Demonstrating, hopefully to your satisfaction, that either those aspects of the project are within

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our discretion to approve or are not in that case and then would require a variance. That's very well accepted.

G. Stern: I'll get out the charts and validation. The bottom line is WalMart's plan does not match the north side of midtown. That is the worst offense of this plan. Not to mention the disjointed 2 plans within a plan concept which, as the UDRB noted, has never been executed before within the city of Miami. It's just an unprecedented de-acceptance by your office, using your administrative powers which are duly reserved. But, this will simply not match the existing midtown Miami district to the North and if you look at it this side of their elevation, the north Miami side, in the north block of midtown, there is a second floor and third level of active use offices with a 10 foot set-back that provides for pedestrian access from the street and that's very important to note. Okay? This is not what midtown north looks like.

There's no way the city should allow this district to look like it was designed by two or even three different architects. Walmart's plan does not fit. We cannot let them mismatch the city's newest district and frankly, a budding gem. And if you look across the street in midtown Miami their [10:00] attorney said at the UTRB meeting, they said nobody has activated Miami avenue. Well I go there all the time and there's a row of restaurants that's sprung up across the street from midtown Miami already and some art galleries as well, retail stores. It's actually been a double bonus for this city.

It's greatly improved the city's tax base by installing in midtown with the current design and sticking to the code. If we have a WalMart there it may condemn swathes of that area to inactivity and create a desert where pedestrians fear to cross due to dodging trucks and cars and a terrible decision now would be that the WalMart would embed a terrible decision today, concrete for decades to come. Just like the OmniMall.

F. Garcia: Okay, and the only point I wanted to add in there and I know you're familiar with this but I just wanted to make this clear, whether this particular project is approved or not is something that I cannot-

G. Stern: Of course, there's no-

F. Garcia: Nor can I- I'll just make the statement, just again to note it on the record. So whether it's a WalMart or a JC Penney's or a Sears or any other large retail merchandiser such as WalMart is immaterial to us. It's not something that is subject to pour review and is not under our discretion.

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G. Stern: Absolutely.

F. Garcia: The question before us, and I know you know this, but just to make it clear the question before us is whether this particular development, regardless of what brand it is, is inappropriate. And you're bringing up points that we would do well to consider as to why it may not be appropriate and so we will certainly peruse that.

G. Stern: I urge you to decline this application promptly for not meeting midtown Miami's master plan.

F. Garcia: The only way I would be able to actually deny the application is if it did not meet the regulations set forth in the [12:00] midtown Miami master plan.

G. Stern: Absolutely. They're entirely welcome to apply for a major use special permit. It would be appropriate for the changes that they're required. I believe that one is required for each variance, correct?

F. Garcia: Again, happy to have you-

G. Stern: Is that correct?

F. Garcia: I-

G. Stern: One per variance?

Man 2: A variance is processed through a major [crosstalk 00:00:00]

F. Garcia: Through a class with a special permit-

G. Stern: Yes.

F. Garcia: For everyone's knowledge a major use special permit would require a public hearing. It has to be approved ultimately by- is it [crosstalk 00:00:00] where actually the city com-

G. Stern: The city commission and as well requires traffic studies to the area.

F. Garcia: Absolutely.

G. Stern: Which would tell residents exactly what's coming when WalMart arrives, which right now residents have no idea how much traffic a WalMart

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would generate. There's been no traffic study provided nor requested by the city.

F. Garcia: All right, let me clarify that just for a moment. Mr. Stern is correct. No traffic study has been requested because the application has been proposed in a manner, so says the applicant, for us to verify. For us, the planning and zoning department to verify. The applicant has posited that this application as proposed complies with the entitlement parameters of the original permit that encompasses all of the midtown district. So, midtown was approved roughly about 10 years ago, give or take a year, and at that point in time a thorough traffic and all sorts of studies were prepared and presented to the city commission in a public hearing which were accepted and adopted as an amendment to the zoning board ordinance.

G. Stern: And if I may?

F. Garcia: Sure.

G. Stern: The CRA was created to tax all of the tax income from that area to pay for bonds that the city issued. If those bonds are not paid, if they're underpaid, if the parking garage under performs then there will be a special assessment on all residents of midtown Miami, we would call it a WalMart tax on midtown Miami to cover any shortfalls from parking revenue. Which means [14:00] if this experiment destroying the district guidelines, allowing a retailer to build a project that's 40%-50% larger than can be actually supported under the guidelines of the district fails, then there will be a tax in the area. So, if there's a failure it will not be a small failure, it will be a spectacular failure because it will raise the cost of doing business in midtown for everybody but WalMart simultaneously depressing the property values.

F. Garcia: All right. So, I'm not going to [crosstalk 00:00:00] don't know how to respond to that.

G. Stern: Of course.

F. Garcia: What I can say however is, and for everyone who is here in this room and possibly watching this from elsewhere-

G. Stern: [crosstalk 00:00:00] the gravity of the situation.

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F. Garcia: Perfect, but what we are also doing and please be mindful of this, is conveying a very critical point of view regarding this particular development complication. We do-

G. Stern: I'm simply providing facts and a worst case scenario that's realistic and very possible.

F. Garcia: I'd like to make a really quick statement because I think it's fair to do so. I-

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