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

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[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.
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.

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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.

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.

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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.

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

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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 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.

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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?

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.

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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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