Wanted To Start A Thread On North Bay Village And All The Projects Hope Everyone Cooperates And Posts Pictures And Renderings On Buildings.

Please Revisit This Thread And Post New Information.

Yes, this would be very nice to keep it organized. Folks not familiar with this city will probably also benefit from this format, because they can get a better grasp on which areas are growing and so on... I know it will help me understand Miami. :)

One thing though, these may all be a little too specific... I was thinking more like DT and its surrounding nieghborhoods, Brickell, Miami Beach (n+s in one), Aventura/Sunny Isles, Broward and other areas (Kendall, Hialeah, etc)

not so much those specifically, but something like it.


That would be 5 threads to keep tabs on. As it is now, we've already got like 8, and the area is still nowhere close to being canvassed.

In June, Miami Mayor Manny Diaz visited the Manhattan Institute's Center for Civic Innovation to deliver a message: his city's government has been restructured and is more efficient than in years past. As a result, Miami is taking its place among the most respected cities in the U.S.


During Diaz's tenure, the city's bond rating has climbed from junk to investment status, although a budget shortfall is forecast for fiscal year 2005. In addition, the cleanup of city government — once famous for mismanagement, malfeasance and general buffoonery — has sparked a turnaround, elevating Miami's image into one of respectability and fiscal responsibility, say the mayor's supporters.

But do changes at city hall really matter to developers who are in the process of developing an estimated $3 billion to $4 billion of new construction in and near downtown? Yes, says Michael Cannon, managing director of Integra Realty Resources of South Florida, an appraisal and real estate consulting firm. “Investors wouldn't come here unless city government was revamped.”

Miami's newly minted reputation for integrity and efficiency in city government does not negate the fact that the city has been named the poorest of the 100 biggest U.S. cities in a report by the Brookings Institution. This dubious distinction was based on the fact that Miami had the lowest median household income — $23,483 — in this group of 100, according to the 2000 U.S. Census.

Grand Plans


Although most developments are condominium projects with varying amounts of retail, one developer is planning office space downtown. MDM Development Group, the developer of Metropolitan Miami, a mixed-use complex that will include 1,500 condominiums and 222,000 sq. ft. of retail, has received approval from the city of Miami to build a 500,000 sq. ft. office tower. It replaces the original plan for 10,000 sq. ft. of office space.

In June, MDM was negotiating with three potential office occupants — law firm Steel, Hector & Davis, which gave MDM a letter of intent to buy a 100,000 sq. ft. office condo; accounting firm Morrison Brown Argiz & Farra, which is negotiating to buy 40,000 sq. ft. of office space; and insurance group Aon, which has existing offices in Miami and also is negotiating to buy a 40,000 sq. ft. office condo. MDM is planning to rent out an additional 300,000 sq. ft. of office space.

But not many developers are opting for office space. Cousins Properties of Atlanta and America's Capital Partners of Miami are reportedly scrapping their plan for a high-rise office building in downtown Miami in favor of a residential condominium development.

Mixed-Use Proliferates


A few miles north of downtown, a population explosion is about to take place on a once barren railroad yard. The Miami-based Midtown Group and Developers Diversified Realty — a Cleveland, Ohio-based REIT — are developing a 56-acre site, formerly the Buena Vista rail yard. The Midtown Group is planning 3,000 residential units on half of the site, and Developers Diversified is developing the other half with 600,000 sq. ft. of retail and up to 900 apartments. It is estimated that the two developers of the project, known as Midtown Miami, will invest $1.2 billion over seven years.

“Midtown Miami is widely regarded as the most significant urban redevelopment deal in the country,” says Craig Werley, principal of Craig Werley & Associates, a real estate advisory firm in Miami. “Nowhere in the middle of a major city do you have 56 acres” available for development, he says.

Although condos like the ones planned at Midtown Miami are popular, the cost of these units has skyrocketed. Seven years ago, buyers paid $150 to $200 per sq. ft. for a luxury unit, says Gene Berman, regional manager of the Ft. Lauderdale office of Marcus & Millichap. Now, buyers pay $350 to $800 per sq. ft., he says.

Condo Converters on a Tear


Between 15,000 and 20,000 apartments have been converted to condos in the last 24 months in Miami-Dade County, says Evan Kristol, senior investment associate at Marcus & Millichap in Ft. Lauderdale. “Everyone is in the game because of the aggressiveness of condominium converters,” he says. “Some apartment owners who have said they will never sell to a converter are selling.” At some point the prices are so good that apartment owners can't resist, he adds.

Kristol recently sold a 180-unit building built in the 1970s and located in Hialeah, a city in Miami-Dade County. The owners had estimated that the building was worth $35,000 to $40,000 per unit, but it sold for more than $70,000 per unit.

“Prices have been so out of hand that a lot of sellers don't want to price their buildings when they put them on the market,” says Kristol. Instead, they are putting them out for bid. “Deals are selling above their asking prices. A deal listed at $17 million will get offers of over $18 million today.”

There is little land left in Miami-Dade County to build new apartments, says Kristol. “The only new construction you see is in South Miami-Dade, where land is still available, or along the coast in infill locations. But typically, these units are in high-rises and will become condominiums.” Marcus & Millichap estimates that 7,200 units will be completed in South Florida in 2004, up 3.5% over the previous year.

Investors are clamoring for apartments. According to New York research firm Real Capital Analytics, Southern California and South Florida accounted for more than 25% of acquisitions nationally in May 2004.

Cap rates in those two markets average 100 basis points lower than in the rest of the country and prices are appreciating at a faster rate, according to Real Capital Analytics. Cap rates in South Florida averaged 6.4% in May, compared with 7.45% nationally (excluding Southern California).

South Florida's average sales price per unit in July 2001 was $78,642 vs. $102,522 in May 2004, a jump of roughly 30%, reports Real Capital Analytics. In contrast, the average price per unit for the rest of the country (excluding Southern California) rose from $61,642 in July 2001 to $70,913 in May 2004, an increase of about 15%.

A Bright Retail Outlook


About 2.1 million sq. ft. of retail was under construction in Miami-Dade County in the second quarter of 2004, according to Marcus & Millichap. This total includes two large retail components of mixed-use, urban infill developments, but excludes Midtown Miami, which had not yet started construction at the beginning of the second quarter. The square footage includes neighborhood shopping centers, mostly in the far western parts of the county. In addition, two Wal-Marts are under construction.

“There was a lot of overbuilding in the 1990s, but now there is less excess space available, so there are more retail tenants chasing smaller amounts of square footage,” says Michael Fimiani, vice president of Boca Raton-based Woolbright Development, a shopping center owner.

The vacancy rate for neighborhood shopping centers in Miami-Dade registered 4.4% in the first quarter of 2004, down from 4.9% during the same period a year ago, according to Reis Inc. Effective rents averaged $18.36 in the first quarter of 2004 compared with $17.86 a year ago.

One of the most significant retail projects in Miami-Dade County is Metropolitan Miami, because it is in the core of downtown Miami, says Alina Matas, director of research at the Terranova Corp., a Miami-based retail brokerage. “This area had been neglected and tired.”

Lyle Stern, the broker handling Metropolitan Miami's retail component, slated to break ground in June 2005, says Whole Foods Market signed a lease for a 46,000 sq. ft. space at the development, and two more leases are about to be signed.

Mary Brickell Village, a mixed-use complex just south of downtown in the Brickell Avenue corridor, will feature 200,000 sq. ft. of retail development and 350 condos. The project, which has been in the works for years, is scheduled for completion in summer 2005, says Stern, who also is the broker on the project. Among the tenants signed by Constructa Inc., a French company that is developing the project with offices in Miami Beach, are a Publix supermarket, PF Chang's and Bally Total Fitness.

Retail cap rates in South Florida averaged 8.04% in May, compared with 8.53% for the rest of the country, excluding Southern California.

Prices for strip shopping centers in South Florida have been rising faster than any other market, reports Real Capital Analytics. The 15,552 sq. ft. Ratner building shopping center on Miami Beach, with anchors such as Ann Taylor Loft, sold for $812 per sq. ft. in June 2004, one of the highest prices per sq. ft. in the last four years in Miami-Dade.

Office Makes a Comeback


The Miami-Dade office market is showing signs of recovery. Total absorption year-to-date through June was 712,000 sq. ft., compared with 242,000 during the same period in 2003, reports CB Richard Ellis.

The vacancy rate also is on the mend, registering 14.7% for all classes of space, including sublease space, in the second quarter compared with 15.3% during the same period in 2003, reports CBRE. Meanwhile, the average asking rental rate was $23.98 per sq. ft. It has remained virtually unchanged over the past year.

There was 293,839 sq. ft. of office space under construction in the second quarter, with Class-A office completions year-to-date in Miami-Dade totaling 533,000 sq. ft. One building — 2525 Ponce de Leon, a 250,000 sq. ft. Class-A building in Coral Gables — is 41.7% pre-leased and is scheduled for completion at the end of 2004.

Office developers seem to have little appetite for downtown Miami beyond one tower at Metropolitan Miami. “The 500,000 sq. ft. project planned by MDM should satisfy the need [for office space downtown] and that won't be up for three years,” says Michael Klotz, first vice president at CBRE in Miami.

But the office market is improving, emphasizes William Holly, president of Holly Real Estate, a Miami-based brokerage firm. “A couple of large leases are about to happen. Even South Beach, where there was no absorption for 18 to 24 months, is coming back.”

Industrial Grows Stronger


Leasing in Miami-Dade's 192 million sq. ft. industrial market in the first half of 2004 accelerated as the economy began to recover, according to CBRE. The industrial vacancy rate dropped from 8.3% in the second quarter of 2003 to 7.4% in the second quarter of 2004. For the first six months of 2004, a total of 2.7 million sq. ft. was leased.

Rental rates averaged $5.82 per sq. ft. in the second quarter, down from $5.91 during the same period in 2003. Landlords are continuing to offer free rent and extra tenant improvements to lure space users.

“There is more optimism in the industrial market this year than last,” says Michael Silver, first vice president for CBRE in Miami. “Although there isn't much activity in the 50,000 sq. ft. and larger category, leasing activity has picked up for spaces 5,000 sq. ft. to 40,000 sq. ft.”

Codina Development, in partnership with AMB Property Corp., a San Francisco-based REIT, has finished its first spec building at Beacon Lakes, Miami-Dade's newest industrial park. While there are no leases signed, negotiations are continuing with prospective tenants, says Jose Juncadella, senior vice president of Codina Realty Services, which manages and leases the park.

Hotel Fundamentals on the Rise


For the first five months of 2004, the Miami hotel market recorded an average occupancy rate of 74.3%, up 8.8% over last year, while revenue per available room (RevPAR) was $97.55, an increase of 16.5%, according to Hendersonville, Tenn.-based Smith Travel Research. “These increases outperform the average of the top 25 lodging markets in the U.S.,” says Jan Freitag, director of Smith Travel Research.

Several large, full-service hotels for Miami-Dade are in the conceptual stage, confirms Scott Berman, a partner with PricewaterhouseCoopers in Miami. He notes that Miami International Airport is looking for a hotel developer and operator to build a hotel at the facility, and is expected to put out a request for proposals before the end of the year. Two earlier RFPs were not successful.

The most ambitious hotel development planned for Miami is Island Gardens, a $426 million mixed-use development featuring a marina, a maritime museum and two luxury hotels. However, Island Gardens — which will be located on Watson Island between the city of Miami and Miami Beach — is facing opposition from Miami Beach residents, who fear the development will create more traffic than the already crowded South Beach can handle.

Hortense Leon is a Miami-based writer.

MIAMI - BY THE NUMBERS


POPULATION OF METRO AREA:


2.4 million

Unemployment rate: 6.3% (MIAMI-DADE COUNTY)


LARGEST EMPLOYERS:



Miami-Dade Public Schools
45,886 employees
Miami-Dade County
32,000 employees
Federal Government
20,100 employees

METRO AREA STATS


Office:


14.7% vacancy, 2Q 2004

15.3% vacancy, 2Q 2003

Rent per sq. ft.: $23.98, 2Q 2004

Source: CB Richard Ellis

Multifamily:


6.8% vacancy, 1Q 2004

6% vacancy, 1Q 2003

Rent per unit: $905, 1Q 2004

Source: Reis Inc.

Retail:


4.4% vacancy, 1Q 2004

4.9% vacancy, 1Q 2003

Rent per sq. ft.: $18.25, 1Q 2004

Source: Reis Inc.

Industrial (Miami-Dade County):


7.4% vacancy, 2Q 2004

8.3% vacancy, 2Q 2003

Rent per sq. ft.: $5.82, 2Q 2004

Source: CB Richard Ellis

Hotel:


74.3% occupancy, YTD as of May 2004

68.3% occupancy, YTD as of May 2003

Source: Smith Travel Research

MAJOR PROJECTS UNDER CONSTRUCTION:


The Performing Arts Center of Greater Miami, Two-pavilion complex with opera house, symphony hall, theater and a 57,000 sq. ft. plaza

Cost: $41 million

Developer: Odebrecht U.S., EllisDon Construction and the Haskell Co.

Completion: May 2006

Midtown Miami, 3,000 residential units plus ground-floor retail, 600,000 sq. ft. of retail and 900 apartments

Cost: $1.2 billion

Developer: The Midtown Group and Developers Diversified Realty

Completion: 2011

Metropolitan Miami, 500,000 sq. ft. of office, 1,497 condos and 222,000 sq. ft. of retail

Cost: $800 million

Developer: MDM Development Group

Completion: 2007

One Miami, 896 condos, 20,000 sq. ft. of office and 7,000 sq. ft. of restaurant space

Cost: $250 million

Developer: The Related Group of Fla.

Completion: Fall 2005

Development Financing Spurs Space01 Groundbreaking
By Melissa Bogdany
Last updated: Friday, September 10, 2004 10:00am

NORTH BAY VILLAGE, FL-Space01, a $25-million, 16-story, luxury loft community planned for here, has obtained development financing and plans to start construction right away.

The 54-unit project is being developed at 7934 West Dr. on Harbor Island, about 10 miles north of Downtown Miami. Madison Capital Group LLC, financial adviser to the project's developer, Cambridge Development Group, arranged the financing, of which details were unavailable. Madison Capital provided the mezzanine and construction financing in a single non-recourse facility.

The project, on about three-quarters of an acre, is expected to be completed in the second quarter of 2006. Chad Oppenheim designed the tower, with every unit featuring views of Biscayne Bay. Units are priced from the low $500,000s and will range from 1,808 sf to 1,906 sf. Amenities include a rooftop pool and Jacuzzi, a fitness center and spa, and a boardwalk.
http://globest.com/news/112_112/miami/126326-1.html

Posted on Sun, Jan. 23, 2005

NORTH BAY VILLAGE

Condo project approved despite traffic concerns

The North Bay Village City Commission approved a 16-story condominium project, though some residents criticized its traffic study.

BY MARIA E. HERRERA

mherrera@herald.com

Despite objections by several residents, the North Bay Village City Commission approved a 16-story condominium project on Harbor Island.

The 170-foot Cielo tower, which will have 36 two-bedroom units, meets the city's code and was approved by a 3-2 vote.

The developer, Mario Egozi, did not ask for any variances, so there was no standing to deny the project, said Stanley Price, Egozi's attorney.

Even so, at Wednesday's Commission meeting, residents expressed their concerns that Cielo joins several other new Harbor Island projects already approved, including three now under construction: 360 Degrees, Blue Bay and Space 01.

Much of the time was spent discussing a traffic study submitted by the developer. The study said the project would only add 19 ''trips'' to the intersection per day, including seven in the morning.

''I want an independent traffic study by somebody that responds only to us,'' said Mayor Joe Geller, one of the two dissenting votes. ``I have some questions about what the ultimate traffic on the island will be.''

Amy Galloway, an attorney representing Clear Channel, said her client would be willing to pay for a traffic study to help the city expedite the process. Clear Channel owns WIOD-AM (610), which has been broadcasting from North Bay Village since 1946, though the station's studios have been relocated to Miramar. The company has fought other high-rise developments on the island, claiming they interfere with WIOD's transmission.

Activist Fane Lozman scolded Paul Gioia, the city's building official, for approving an application that had yet to be approved by the county's Shoreline Review Committee.

''I made an agreement with the developers that I would make [the application's approval] subject to the Shoreline Review's approval,'' Gioia said later in an interview. ``The project meets all of our requirements. Shoreline Review may change things, but we've always concurred.''

Cielo replaces a single-family home that has already been demolished and a 15-unit apartment building.

It must go before the Commission once more for final approval.
http://www.miami.com/mld/miamiherald/news/local/states/florida/counties/miami-dade/cities_neighborhoods/beaches/10706412.htm

great another tower

Here is a site with some renderings of Cielo and they have an image with the sites of the other North Bay Village buildings going up:

http://www.miamirealestatetrends.com/pages/cielo.aspx

great link, thnx dave

County Planning Department Recommends Rejection of NBV Bayfront Project

Bay Treasure is definitely bigger than a single-family home. “The proposal will consist of 35 two- and three-bedroom apartment units, and a three-level parking structure housed within an approximately 170-foot-high, 15-story building,” Williams wrote.

By Erik Bojnansky
Editor



On February 17, the Shoreline Development Review Committee will decide the fate of a North Bay Village condo project recommended for rejection by planning staff from Miami-Dade County.

A decision on Bay Treasure, which is proposed to be developed by Hialeah-based M & R Builders, Inc. at 7920 West Drive on Harbor Island, was delayed on January 10 because the minimum number of committee members needed to hold a quorum were absent, according to Erin Parker, communications administrative officer for the Miami-Dade County Department of Planning and Zoning.

However, a memo from Planning and Zoning Director Diane O’Quinn Williams recommends the project’s rejection on at least nine points.

“The applicant is not providing information as it pertains to the current conditions of the bulkhead and seawall,” stated the memo by Williams to the Shoreline Development Review Committee.

Calls to M & R Builders, Inc. were not returned to the SunPost by deadline. But Building Official Paul Gioia described the staff rejection as common to development proposals along the shoreline in North Bay Village. Often, the shoreline review committee overrides staff and grants approval, he said.

“Every time they [developers] do something they got to us first and then to shoreline review,” Gioia said, describing the process.

The county’s shoreline ordinance seeks to preserve the natural and aesthetic characteristics of Biscayne Bay. As such, the ordinance aims to “encourage the best use of the shoreline area for resident and visitor enjoyment [and] maximize public visual and physical access to the water,” according to Williams. Among the requirements is that future projects along the bay larger than a single family home or duplex must have view corridors and “setback areas that focus views toward the water.”

Bay Treasure is definitely bigger than a single-family home. “The proposal will consist of 35 two- and three-bedroom apartment units, and a three-level parking structure housed within an approximately 170-foot-high, 15-story building,” Williams wrote.

But the project does not meet the county’s shoreline setback area requirements. Twenty-five-foot setbacks are required for property lines along the shore. Bay Treasure’s setback is 15 feet from the north property line and 13 feet from the south property line. Plus, Bay Treasure’s “parking garage portion of the building and a portion of the residential component of the building encroach the shoreline setback area.” Shoreline regulations call for a 75-foot setback from the shore for a 170-foot tall building. Bay Treasure’s setback is only 25 feet.

The report also states that Bay Treasure’s proposed five-foot-wide shoreline path is too narrow, is without a “safety buffer subarea [sic]” to “keep persons a safe distance from the water’s edge,” and has no planned seating areas.

View corridors are also practically nonexistent, Williams report states. “The applicant is not complying with the ordinance that requires parcels located adjacent to the shoreline to set aside 20 percent of the width of the lot to be reserved as an unimpeded visual corridor.”

Still, M&R Builders could ask for “an exception” to the committee’s decision if it feels that shoreline requirements conflict with city code, Williams’ memo stated.

Gioia said that developing bayfront lots in North Bay Village would be next to impossible if shoreline review standards are strictly adhered to, especially the 75 foot setback requirement. Gioia said a stringent view of the shoreline’s setback requirements would result in tall-thin buildings that “would fall over just by looking at [them]” and make it impossible to provide off-street parking. Often, members of the Shoreline Development Review Committee agree, he said.

Seeking to increase the tax base, Mayor Al Dorne began liberalizing zoning codes in 2000 to entice development in North Bay Village, particularly on Harbor Island.

But following Dorne’s removal from power by the Miami-Dade State Attorney’s Office, some residents are seeking to slow down development in North Bay Village. During a January 10 special workshop called by Mayor Joe Geller, it was revealed that NBV’s population is projected to grow by 3400 people. According to Acting Manager Bob Pushkin, 11 new projects are proposed for Harbor Island alone.

At least one public official has proposed lowering height limits. Commissioner Oscar Alfonso at the January 10 workshop declared his intention to ask the city’s Planning and Zoning Board to reduce the maximum height limit to 140 feet. Current code allows buildings as tall as 170 feet. Developers building on land in an RM-70 district can also apply for design bonuses and add an additional 90 feet to their project.

Geller, meanwhile, has questioned the need for “design bonuses” allowing greater density in exchange for fees from developers. “I don’t think that a developer should wave a checkbook and get height and density. I don’t like it,” Geller said at the January 10 workshop.

Commissioner George Kane, however, placed an item on the January 17 agenda that would create a special infrastructure and recreational facility fund based on design bonuses. The item was rescheduled to be heard at the commission’s February 8 meeting.

Not deferred by the commission was a narrow 3 to 2 vote for approval on first reading of Cielo, a 170-foot-tall condominium tower with 36 two-bedroom units, which is slated to replace a 15-unit apartment building, according to the Miami Herald. The project has to come before the commission for a “second reading” for final approval.
http://miamisunpost.com/forthstoryfrontpage.htm

NBV Mayor Unable to Vote on Three High-Rise Projects

“You sound like you are in the employ of the developer.”—Commissioner Oscar Alfonso to Commissioner Tzvi Bogomilsky

By Erik Bojnansky
Editor



North Bay Village’s mayor reluctantly recused himself from voting on three high-rise projects because he once gave advice to a corporation seeking height-limits in North Bay Village.

Mayor Joe Geller sat in the audience as three 170-foot-tall high-rise projects slated for Harbor Island were approved by the North Bay Village City Commission by a vote of 3-1 during Tuesday’s meeting.

Stanley Price, an attorney for the Cielo project at 7935 East Drive, argued that Geller could not sit on a quasi-judicial capacity because he gave advice to Clear Channel and the firm of Duke, Mullin & Galloway in August on the feasibility of getting a height-limit referendum in time for impending city elections. Clear Channel has litigated against high-rises that could interfere with the signals of a 610 WIOD AM radio tower that’s been broadcasting from NBV since 1926.

“I told them NFW [No F---king Way],” Geller told the SunPost.

Geller, who was elected mayor in that same race, said he has requested a review of his case by the Miami-Dade Commission on Ethics. However, because a decision is still pending he did not want even an image of impropriety.

Salvatore Fasulo, an attorney at Duke, Mullin & Galloway, was at the meeting questioning the Cielo project. But although Fasulo departed before two other high-rise projects were heard, Alex Nunez, developer of two 170-foot towers at 7922 and 7939 East Drive also argued that Geller had to recuse himself.

“The ethics commission did tell us: ‘Don’t call us after you take action,’” City Attorney Robert Switkes told Geller.

“This is a stretch,” Geller said to Nunez before stepping down yet again.

Geller said he was hired by Clear Channel because he served as acting city attorney for North Bay Village. In Geller's August letter to Amy Galloway, a partner of Duke, Mullin & Galloway, he opined that launching a petition drive for a height-limit variance and getting the signatures verified by Miami-Dade County Elections by September 2 “would be a hard one.”

“Although I understand that time is a crucial factor, the fact that the item could not go on the November 2 ballot may not be bad news for us,” Geller wrote. “Both procedures require the city to schedule a special election upon an approved petition drive, when no upcoming general election is scheduled. It is entirely possible, and in my opinion may be likely, that we would fare better in a special election, for a number of reasons, which I could discuss with you by telephone.”

Geller, who ran on a platform to control development, insisted that just because he worked for Clear Channel once does not make him bound to the corporation. He added that during a previous run for North Bay Village mayor, he reported Clear Channel to the Miami-Dade State Attorney’s Office for contributions it made to Ignacio Diaz’s mayoral campaign in 1998.

Accusations flew during the Cielo hearing, which also took place on Tuesday. Commissioner Tzvi Bogomilsky repeatedly asked Fasulo what Clear Channel’s address was or if they had an occupational license in North Bay Village. “Since 1995 Clear Channel has been opposing projects in the city,” Bogomilsky said.

“You sound like you are in the employ of the developer,” Commissioner Oscar Alfonso said to Bogomilsky. Alfonso then asked if Bogomilsky was being paid by the developer.

“Absolutely 100-percent not,” Bogomilsky replied, explaining that he was tired of WIOD interfering with NBV’s economic development when it didn’t even have an occupational license in the city.

Neisen Kasdin, an attorney representing Lennar Corporation, said the city should find out if the radio station even has a legal right to operate a radio tower in NBV since it’s only an “ancillary use.” NBV is currently being sued by WIOD and houseboat resident Fane Lozman for approving Casa Marina, a high-rise project to be developed by Lennar.

Lozman told the commission that he lived here and that he was prepared to join Clear Channel in a suit against the city regarding Cielo if needed. He asked why three out of five members of the commission were against the wishes of a majority of Harbor Islanders who don’t want 170-foot high-rises and why the city won’t do an independent traffic study.

At one point, when building official Paul Gioia was discussing the Cielo project, Lozman said, “I have a question for Mr. Gioia. Did the developer offer you any form of remuneration?”

“I chased you out of my office the last time you asked me that,” Gioia replied.

“This is so grossly inappropriate,” Switkes said, adding that Lozman was slandering a public official.

“How do you know about what information I have?” asked Lozman, a computer software entrepreneur who has placed information on NBV public officials and property owners on the Internet in the past. “I’m not going to let this slide, Mr. City Attorney.”

Nancy Sonnet Selwyn, a Treasure Island resident, said she has talked to her neighbors on Harbor Island and most aren’t happy with the number of high-rises moving into the area.

Price, an attorney for Cielo, said that didn’t matter. “This is not a plebiscite. This is not about taking a poll and asking who likes a project and who doesn’t.” He added that “Land Use 101” dictates that the commission judges a project on the law.

Commissioner Alfonso wanted to defer the project to a later date. An advocate of lowering height limits, he said the city is still trying to plan its future course in development and continues not to do its own independent traffic studies for future projects. He also showed his copy of a city ordinance dictating the city’s baseline height limit as 160 feet.

Bogomilsky, Alfonso, Switkes and City Clerk Yvonne Hamilton crowded around Alfonso’s copy of the ordinance. “It’s a typo,” Switkes declared. Bogomilsky, a former member of the city’s Planning and Zoning Board, said he remembered an additional 10 feet was given to projects a few years ago. Hamilton said her copy also said 170 feet was the height limit.

Alfonso, though, insisted that there was a question and made a motion to continue the item. It died for lack of a “second” from his colleagues on the dais.

Cielo was approved 3-1, with Alfonso the lone no vote. The other two high-rise projects were also approved by 3-1 votes, with Alfonso dissenting.

Fasulo said he was there to find out why the set of plans the building department gave Clear Channel were different from the plans used on the record by the city. Fasulo refused to comment on whether Clear Channel plans a legal challenge.

Price said he was prepared to “take steps” to find out if Clear Channel has a right to operate a radio tower in North Bay Village if the corporation challenges his client’s project in court.

“If they want to play hard ball, then we will play hard ball,” Price said.

Some of the other issues discussed during the meeting:

*Bob Pushkin was unanimously appointed interim city manager.

“I was very honored by that,” Pushkin said. “I think it is a heck of an honor they bestowed on me. I hope they keep faith in me.”

Pushkin, the director of community improvement, was appointed as an acting city manager after James Vardalis resigned from his post. Pushkin said he will not be applying for the permanent position.

A screening committee will meet for the first time at 7 p.m. on February 17. The deadline for applications for city manager is February 28.

*An ordinance that would dedicate “bonus density” revenue paid by developers for extra height to a recreational facilities fund and infrastructure and maintenance fund was continued to the March 15 meeting after Geller pointed out that such revenue streams did not yet exist.

While Bogomilsky pointed out that the money could be used to help the city obtain park land, Pushkin said the money could also provide $4.5 million for a new and improved sewer line.

Geller said the new sewer line would mainly help developers make their projects concurrent.

*A $35,000 settlement with activist Gabrielle Nash-Tessler was continued to the March 15 meeting owing to time constraints. Nash-Tessler sued the city for civil rights violations after she was arrested for removing political signs of her opponent for commissioner, George Kane, in November 2000. The arrest report was later used as campaign material for Kane who won the election. Kane is now vice mayor of North Bay Village.

Comments? Contact the author at erik@miamisunpost.com.