07-002498GM The Vizcayans, Inc., A Florida Not-For-Profit Corporation; Grove Isle Association, A Florida Not-For-Profit Corporation; Constance Steen; Jason E. Bloch; And Glencoe Neighborhood Association, Inc., A Florida Not-For-Profit Corporation vs. City Of Miami
 Status: Closed
Recommended Order on Thursday, July 10, 2008.


View Dockets  
Summary: The City of Miami`s future land use map change was not supported by data and analysis.

1STATE OF FLORIDA

4DIVISION OF ADMINISTRATIVE HEARINGS

8THE VIZCAYANS, INC., a Florida )

14not-for-profit corporation; )

17GROVE ISLE ASSOCIATION, INC., a )

23Florida not-for-profit )

26corporation; CONSTANCE STEEN; )

30JASON E. BLOCH; and GLENCOE )

36NEIGHBORHOOD ASSOCIATION, INC., )

40a Florida not-for-profit )

44corporation, )

46)

47Petitioners, )

49)

50vs. ) Case Nos. 07-2498GM

55) 07-2499GM

57CITY OF MIAMI, )

61)

62Respondent, )

64)

65and )

67)

68TRG-MH VENTURE, LTD., and MERCY )

74HOSPITAL, INC., a not-for- )

79profit Florida corporation, )

83)

84Intervenors. )

86)

87RECOMMENDED ORDER

89Pursuant to notice, this matter was heard before the

98Division of Administrative Hearings (DOAH) by its assigned

106Administrative Law Judge, J. Lawrence Johnston, on January 22

115through 25, 2008, in Miami, Florida.

121APPEARANCES

122For The Vizcayans, Inc.:

126Darrell W. Payne, Esquire

130Stephen J. Darmody, Esquire

134Daniel B. Rogers, Esquire

138Shook, Hardy & Bacon, LLP

143Miami Center - Suite 2400

148201 South Biscayne Boulevard

152Miami, Florida 33131-4339

155For Grove Isle Association, Inc., Constance Steen, Jason E.

164Bloch, and Glencoe Neighborhood Association, Inc.:

170John Charles Lukacs, Esquire

174John C. Lukacs, P.A.

178201 Sevilla Avenue, Suite 305

183Coral Gables, Florida 33134-6616

187Patrick J. Goggins, Esquire

191Patrick J. Goggins, P.A.

195Sun Trust Building, Suite 850

200777 Brickell Avenue

203Miami, Florida 33131-2811

206For City of Miami:

210Rafael Suarez-Rivas, Esquire

213Assistant City Attorney

216Office of the City of Miami Attorney

223444 Southwest 2nd Avenue, Suite 945

229Miami, Florida 33130-1910

232For TRG-MH Venture, LTD.:

236John K. Shubin, Esquire

240Shubin & Bass, P.A.

24446 Southwest First Street, Third Floor

250Miami, Florida 33130-1610

253For Mercy Hospital, Inc.:

257H. Ray Allen, II, Esquire

262Dianne Triplett, Esquire

265Carlton Fields, P.A.

268Post Office Box 3239

272Tampa, Florida 33601-3239

275Lewis W. Fishman, Esquire

279Lewis W. Fishman, P.A.

283Two Datran Center, Suite 1121

2889130 South Dadeland Boulevard

292Miami, Florida 33156-7848

295STATEMENT OF THE ISSUES

299The issues in this case are: (1) whether City of Miami

310Ordinance 12911, which amends the Future Land Use Map (FLUM) of

321the City of Miami Comprehensive Neighborhood Plan (MCNP), is a

331small-scale development amendment, as defined by Section

338163.3187(1)(c), Florida Statutes; and (2) whether Ordinance

34512911 is "in compliance," as defined by Section 163.3184(1)(b),

354Florida Statutes. (Statutes refer to the 2007 codification.)

362PRELIMINARY STATEMENT

364On April 26, 2007, Respondent City of Miami (City) adopted a

375comprehensive plan amendment (Ordinance 12911), which changed the

383future land use designation on the City's FLUM on a 6.72-acre

394parcel of land from Major Institutional, Public Facilities,

402Transportation, and Utilities (Major Institutional) to High

409Density Multifamily Residential (H/D Residential). The parcel is

417located approximately at 3663 South Bayshore Drive in the Coconut

427Grove area of Miami, Florida. The amendment was adopted under

437the procedure for small-scale FLUM amendments described in

445Section 163.3187, Florida Statutes. The City's Mayor signed the

454Ordinance on May 7, 2007.

459On June 4, 2007, The Vizcayans, Inc., Alvah H. Chapman, Jr.,

470Betty B. Chapman, and Cathy L. Jones filed their Petition

480Challenging Compliance of a Small-Scale Comprehensive Plan

487Amendment with the Florida Growth Management Act. The petition

496was assigned DOAH Case Number 07-2498GM. Two days later, Grove

506Isle Association, Inc. (Grove Isle), Constance Steen, Jason E.

515Bloch, and Glencoe Neighborhood Association, Inc. (Glencoe) filed

523their Petition Challenging Compliance of Small-Scale

529Comprehensive Plan Amendment. The petition was assigned DOAH

537Case Number 07-2499GM.

540On June 13, 2007, the two cases were consolidated and TRG-MH

551Venture, LTD. (TRG-MH), the contract vendee and proposed

559developer of the parcel, filed its Petition to Intervene in

569support of the challenged amendment. The Petition to Intervene

578was granted, as was the Petition to Intervene later filed by

589Mercy Hospital, Inc. (Mercy), the parcel's owner and contract

598vendor. Also in June, Cathy L. Jones voluntarily dismissed and

608was dropped as a party.

613In July 2007, TRG-MH moved to strike portions of the

623petitions and moved for a continuance of the final hearing, which

634had been set for August 31 through September 2, 2007. After a

646case status hearing was held on July 18, 2007, the final hearing

658was rescheduled to October 1 through October 4, 2007. Also in

669July 2007, Alvah and Betty Chapman voluntarily dismissed and were

679dropped as parties.

682In August 2007, the State Attorney moved to intervene and to

693stay discovery pending a state criminal investigation. Following

701a hearing, the state's motion was granted and discovery was

711stayed for 30 days. On August 30, 2007, the Petitioners filed

722motions for summary disposition. In their motions, the

730Petitioners maintained that certain land use designations in the

739MCNP and the FLUM amendment at issue here were not "in

750compliance" with Florida's Growth Management Act. Specifically,

757the Petitioners based their argument on an alleged absence of

767intensity standards in the H/D Residential future land use

776category. After a hearing was held on September 14, 2007, the

787Petitioners' motions for summary disposition were denied. Later

795that month, after another hearing, the final hearing was

804rescheduled for January 22-25, 2008.

809TRG-MH filed an Amended Motion to Strike on September 20,

8192007. In its amended motion, TRG-MH sought to eliminate certain

829allegations in The Vizcayans' Petition regarding a purported

837inconsistency with certain provisions of the Miami-Dade County

845Comprehensive Plan, arguing that the question of consistency with

854the County's Plan was beyond the scope of compliance review as

865defined in Section 163.3184(1)(b), Florida Statutes. The

872Vizcayans filed a Response in Opposition on September 27, 2007.

882The City joined in the Amended Motion to Strike.

891A telephonic hearing on the Amended Motion to Strike was

901held on October 26, 2007. During the hearing, TRG-MH withdrew

911certain arguments (regarding the County's Shoreline Development

918Review Ordinance). On November 1, 2007, the rest of the Amended

929Motion to Strike was granted, and paragraphs 71 through 90 of The

941Vizcayans' Petition (concerning compliance with the County's

948Comprehensive Development Master Plan) were stricken.

954The Petitioners filed several motions to compel production

962regarding, among other things, the contract for purchase and sale

972and any "covenant-in-lieu of unity of title" that may have been

983prepared or executed between Mercy and TRG-MH. Mercy and TRG-MH

993responded with motions for protective orders, arguing that

1001portions of the contract were confidential and that no "covenant-

1011in-lieu of unity of title" had been prepared or executed. After

1022hearing the argument of counsel on January 2 and January 15,

10332008, orders were entered on January 4 and January 18, 2008,

1044regarding these discovery disputes. After Mercy submitted a copy

1053of the contract and a draft of an unexecuted Declaration of

1064Restrictions, Covenants, and Easements, which had been listed on

1073Mercy's privilege log, to the court for in camera review, TRG-MH

1084and Mercy were ordered to produce all drafts of the Declaration

1095of Restrictions, Covenants, and Easements and any drafts of other

1105existing documents related to the transfer of interests in land

1115in connection with TRG-MH's Project.

1120The Petitioners filed a Unilateral Pre-Hearing Stipulation

1127on January 10, 2008, and on January 11, 2008, the Respondent and

1139the Intervenors filed a joint Unilateral Pre-Hearing Statement.

1147The final hearing took place in the Miami-Dade County

1156Courthouse from January 22 through January 25, 2008. At the

1166outset of the final hearing, The Vizcayans filed a Motion for

1177Summary Recommended Order, which was argued and denied.

1185In the presentation of their cases, the Petitioners

1193presented the non-expert testimony of: Jason Bloch; Constance

1201Steen; Timothy Moore, an officer and director of Grove Isle

1211Association, Inc.; and John Hinson, the corporate representative

1219for the Vizcayans, Inc.; Dr. Joel Hoffman, the Executive Director

1229of Vizcaya Museum and Gardens; Dan Fortin, Jr., a land surveyor

1240and mapper; Orlando Toledo, Senior Director of Building,

1248Planning, and Zoning for the City; and Chloe Keidaish, the

1258corporate representative of Arquitectonica International

1263Corporation, an architecture firm. They also presented the

1271expert witness testimony of: Arva Moore Parks, a local historian

1281and consultant; Richard Heisenbottle, an architect; Rocco Ceo, an

1290architect and professor of architecture; Subrata Basu, Interim

1298Director of Planning and Zoning for Miami-Dade County;

1306Arturo Sosa, a land surveyor; and Henry Iler, an urban planner.

1317The Vizcayans had the following Exhibits admitted in

1325evidence for all purposes: 1, 7, 11, 12, 15, 21, 32, 33, 35, 56,

133961, 63, 66, 91, 92, 94, 95, 98, 100, 101, 103, 104, 106, 110,

1353111, 115, 119, 122, 134, 137A, 138, and 139. The Vizcayans'

1364Exhibits 47, 53, 118, 127, 130, and 131 were admitted over

1375objection, but not for the truth of matters asserted. Exhibit 37

1386was admitted for the limited purpose of providing historical

1395context. Exhibit 93 was admitted exclusive of handwritten notes.

1404Ruling was reserved on objections to Vizcayans' Exhibits 23, 55,

141474, 117, 128, 129, 132, and 133. It is now ruled that the

1427objections are overruled, and these exhibits are admitted in

1436evidence.

1437The following Grove Isle and Glencoe exhibits, introduced by

1446the other Petitioners, were admitted into evidence: 11NN, 15,

145521, 23, and 25.

1459In lieu of presenting live testimony, the Petitioners

1467jointly designed portions of the deposition transcripts of:

1475William Thompson, Vice-President of the Related Group; City of

1484Miami employees, Ana Gelabert and Lourdes Slazyk; John Matuska,

1493President and CEO of Mercy Hospital, Inc.; and Jason Uyeda, the

1504corporate representative of EDAW, Inc. The City and Intervenors

1513filed objections and cross-designations conclusion of the final

1521hearing on February 4, 2008. The Petitioners filed responses to

1531the objections and their own objections to the cross-designations

1540on February 14, 2008. All of the deposition designations and

1550cross-designations are admitted in evidence over the objections.

1558At the final hearing, the City presented the testimony of

1568Lourdes Slazyk, the City Zoning Administrator and the former

1577Assistant Director of the City's Planning Department. TRG-MH

1585presented the testimony of: J. Thomas Beck, a state land use

1596planning expert; and Jack Luft, the City's former Director of

1606Planning and local land use planning expert. TRG-MH's Exhibits 1

1616through 10 were admitted in evidence. TRG-MH's Exhibit 11 was

1626proffered.

1627In addition to the exhibits introduced at the final hearing,

1637the parties agreed to make the Legistar application files for the

1648FLUM amendment, a related zoning change, and a major use special

1659permit (MUSP)--all of which are available on the City's website

1669(http://egov.ci.miami.fl.us/legistarweb/frameset.html)--part of

1671the record of this proceeding.

1676The multi-volume hearing Transcript (Volumes 1A, 1B, 2A, 2B,

16853A, 3B, and 4A) was filed on March 3, 2008, and the exhibits were

1699filed on March 5, 2008. Proposed recommended orders (PROs) were

1709initially due April 2, 2008. An unopposed two-week extension was

1719granted, making the PROs due on April 18, 2008. The Petitioners

1730timely filed separate PROs, and the Respondent and Intervenors

1739timely filed a Joint PRO.

1744On May 12, 2008, The Vizcayans filed a copy of a circuit

1756court order quashing the City's zoning change and MUSP approvals

1766for the property subject to the FLUM amendment at issue. TRG-MH

1777and the City moved to strike, and The Vizcayans responded in

1788opposition on May 20, 2008. On June 26, 2008, The Vizcayans

1799filed copies of circuit court orders denying rehearing. Based on

1809the filings, although the relevance of the circuit court's orders

1819is marginal, the motion to strike is denied.

1827FINDINGS OF FACT

1830Based on all of the evidence, the following facts are

1840determined:

1841The Property Subject to the FLUM Amendment

18481. TRG-MH Venture, LTD. (TRG-MH), is a Florida limited

1857partnership formed for the purpose of purchasing and developing

1866a parcel of property in the southeast corner of a larger, 40-

1878acre parcel owned by Mercy Hospital, Inc. (Mercy). TRG-MH and

1888Mercy have executed a purchase and sale agreement for this

1898corner parcel, which is located at approximately 3663 South

1907Bayshore Drive in the Coconut Grove area of Miami, Florida (the

1918Site). TRG-MH hired an architectural firm, Arquitectonica, to

1926design on the Site a proposed residential development named 300

1936Grove Bay Residences (the Project). The Site, which currently

1945serves as a paved parking lot for Mercy Hospital employees,

1955measures 6.72 acres.

19582. The Site is abutted on the north, northwest, and

1968northeast by the rest of the 40-acre parcel owned by Mercy and

1980used for its hospital, professional offices, and patient and

1989visitor parking. The tallest of these buildings is 146 feet.

1999To the north of Mercy's property and medical complex is another

201030-plus acre parcel owned by the Catholic Diocese of Miami and

2021used for La Salle High School and a religious facility, Ermita

2032de la Caridad.

20353. Abutting the northern boundary of the La Salle High

2045School property is Vizcaya Museum and Gardens.

20524. To the west of the Site are a small convent, an

2064administration building, and a modest-sized assisted living

2071facility. To the west of these buildings is South Bayshore

2081Drive, which is a four-lane road. Single-family residential

2089neighborhoods are west of South Bayshore Drive.

20965. The Site is abutted on the southwest, south, southeast

2106and east by Biscayne Bay. Grove Isle, a three-building, 18-

2116story condominium/hotel/marina complex, is located on a small,

2124man-made island (Fair Isle) in the Bay to the south of the Site.

2137It is located approximately 1,300 feet from the Site and is

2149separated from the Site by Bay water. Grove Isle has a future

2161land use designation of Medium Density Multifamily Residential

2169(M/D Residential) and is zoned Medium-Density Residential (R-3).

2177However, Grove Isle is a legal nonconformity because it exceeds

2187the densities allowed in M/D Residential and R-3.

21956. To the southwest of the Site, but separated from the

2206Site by Bay water, are single-family and medium-density

2214dwellings, including several multifamily structures.

2219Petitioners Bloch and Steen reside in this neighborhood. No

2228property zoned single-family residential (R-1) abuts the Site.

22367. Currently a paved parking lot, the Site has no

2246archeological, environmental, or historical significance.

22518. Miami-Dade County had designated all of the City as an

"2262Urban Infill Area." This designation is made in the County's

2272Comprehensive Plan and is implemented in Policy LU-1.1.11 of the

2282Future Lane Use Element (FLUE) of the City's Comprehensive

2291Neighborhood Plan.

2293The Parties

22959. The Vizcayans, Inc. (The Vizcayans), is a not-for-

2304profit Florida corporation of volunteer members and a paid staff

2314consisting of: an executive director, a membership director,

2322and a controller. The purpose of the organization is to support

2333the Vizcaya Museum and Gardens (Vizcaya), a publicly-owned and

2342operated museum, through contributions and fundraising events.

2349The Vizcayans' office at 3251 South Miami Avenue is located on

2360the grounds of Vizcaya. The Vizcayans submitted comments in

2369opposition to the proposed FLUM Amendment and appeared in person

2379and through lawyers at the City Commission hearings. The

2388Respondent and Intervenors stipulated that The Vizcayans have

2396standing as affected persons under Sections 163.3187(3)(a) and

2404163.3184(1)(b), Florida Statutes, to challenge the small-scale

2411development amendment in this proceeding based on allegations

2419that The Vizcayans operate a business in the City.

242810. Miami-Dade County owns Vizcaya. By contract, The

2436Vizcayans provides funds annually to Miami-Dade County for use

2445in maintaining Vizcaya's properties and conducting educational

2452programs. Any funds in excess of those owed to the County under

2464the contract are used to pay staff and host fundraisers or are

2476invested for future use. Vizcaya is governed by the County

2486through the Vizcaya Museum and Gardens Trust, which is an agency

2497of Miami-Dade County.

250011. Jason Bloch and Constance Steen reside in the City and

2511own properties to the southwest of the Site. Glencoe is a not-

2523for-profit corporation of homeowners in the Glencoe neighborhood

2531to the southwest of the Site. Mr. Bloch formed the corporation

2542during the pendency of the application proceedings for the

2551primary purpose of opposing the proposed development of the

2560Site. Bloch, Steen, and Glencoe submitted comments in

2568opposition to the proposed FLUM amendment.

257412. Grove Isle is a not-for-profit Florida corporation of

2583condominium owners. Grove Isle submitted comments in opposition

2591to the proposed FLUM amendment. The City and Intervenors

2600stipulated to Grove Isle's standing in these proceedings.

260813. The City is a political subdivision of the State of

2619Florida. The City adopted its Comprehensive Neighborhood Plan,

2627including its FLUM, in 1989. The Comprehensive Plan and the

2637FLUM have been amended from time to time as allowed by law.

264914. TRG-MH is a joint venture limited partnership. Its

2658direct and indirect participants include Ocean Land Equities,

2666Ltd., and The Related Group. TRG-MH contracted to purchase the

2676Site from Mercy and applied to the City for the FLUM Amendment

2688at issue in this proceeding. TRG-MH also submitted applications

2697for a change of zoning and MUSP on the Site. The zoning and

2710MUSP applications, and the resulting City ordinance and

2718resolution arising from their approval, are not at issue in this

2729proceeding.

273015. Mercy is a not-for-profit Florida corporation that

2738owns and operates Mercy Hospital. Mercy has contracted to sell

2748the Site to TRG-MH.

2752The FLUM Amendment

275516. In June 2007, TRG-MH applied to the City for a small-

2767scale development amendment to change the Site's land use

2776designation on the City's Future Land Use Map (FLUM) from Major

2787Institutional, Public Facilities, Transportation and Utilities

2793(M/I) to High Density Multifamily Residential (H/D). TRG-MH

2801submitted its application concurrently with its applications for

2809a zoning change from G/I to R-4 and for a MUSP.

282017. According to the FLUM Amendment application, TRG-MH

2828was seeking a map amendment for a 6.723-acre parcel of real

2839property.

284018. With its FLUM Amendment application, TRG-MH submitted

2848a survey prepared and certified by surveyors Fortin, Leavy &

2858Skiles. The survey depicted: the Site, as a parcel with a "net

2870lot area" of 6.723 acres; a Proposed Road, measuring 1.39 acres,

2881that wrapped around the Site on its west and north sides (the

2893Perimeter Road); and a Private Road, also known as Tract "C" or

2905Halissee Street, measuring .95 acres, which accesses the Site

2914and Perimeter Road from South Bayshore Drive.

292119. Accompanying the survey was a legal description for

2930the Site, which included a description for the proposed new

2940Perimeter Road abutting the Site. The legal description covered

2949an area comprising 8.11 acres.

295420. Also accompanying the application was a traffic

2962analysis showing the impact to existing road networks of traffic

2972resulting from the proposed MUSP application, which sought to

2981build 300 residential units on property currently having no

2990existing residential units.

299321. TRG-MH's applications were reviewed by the City's

3001Planning Department and its Planning Advisory Board (PAB). The

3010City's Planning Department recommended approval of the land use

3019designation change. The PAB's 3-3 tie vote operated as to deny

3030the request for a change of the land use designation

3040recommendation.

304122. On April 26, 2007, the City Commission voted to

3051approve the FLUM amendment application and, with modifications,

3059the accompanying zoning and MUSP applications. (The City

3067Commission approved the zoning change and MUSP subject to the

3077condition that the size and scale of the Project be reduced by

308925 percent across the board. Thus, for example, the height of

3100the tallest of the three condominium buildings was reduced from

3110approximately 411 feet to 310 feet.) The FLUM change was

3120adopted by Ordinance 12911, which the Mayor signed on May 7,

31312007.

313223. Ordinance 12911 amended the FLUM by changing the land

3142use designation "for the property located at approximately 3663

3151South Miami Avenue, Miami, Florida, more particularly described

3159in Exhibit A attached and incorporated." Exhibit A to the

3169ordinance was the legal description included on the Fortin,

3178Leavy, Skiles survey.

318124. The section of the MCNP entitled "Interpretation of

3190the Future Land Use Plan Map" describes the various future land

3201use categories in the Plan. It describes the Major

3210Institutional future land use category as follows:

3217Major Institutional Public Facilities,

3221Transportation and Utilities: Areas

3225designated as "Major Institutional, Public

3230Facilities, Transportation and Utilities"

3234allow facilities for federal, state and

3240local government activities, major public or

3246private health, recreational, cultural,

3250religious or educational activities, and

3255major transportation facilities and public

3260utilities. Residential facilities ancillary

3264to these uses are allowed to a maximum

3272density equivalent to "High Density

3277Multifamily Residential" subject to the same

3283limiting conditions.

3285Miami Comprehensive Neighborhood Plan (MCNP) at 21 (June 2006).

329425. The same section describes the H/D Residential, in

3303pertinent part, as follows:

3307Areas designated as "High Density

3312Multifamily Residential" allow residential

3316structures to a maximum density of 150

3323dwelling units per acre, subject to the

3330detailed provisions of the applicable land

3336development regulations and the maintenance

3341of required levels of service for facilities

3348and services included in the City's adopted

3355concurrency management requirements.

3358MCNP at 20 (June 2006). (By way of comparison, M/D Residential

3369is described similarly except that the maximum density is 65

3379dwelling units per acre.)

338326. According to the MCNP, the FLUM land use designations

"3393are arranged following the 'pyramid concept' of cumulative

3401inclusion, whereby subsequent categories are inclusive of those

3409listed previously, except as otherwise noted."

341527. Ordinance 12911 was not reviewed by the Department of

3425Community Affairs (DCA), as required for text changes and large-

3435scale FLUM changes to a comprehensive plan.

344228. On June 4 and 6, 2007, Petitioners filed their

3452petitions challenging the FLUM Amendment. Generally, the

3459Petitioners alleged that the FLUM Amendment did not qualify for

3469treatment as a "small-scale" development amendment; was

3476internally inconsistent with other provisions of the City's

3484Comprehensive Neighborhood Plan; was not supported by adequate

3492data and analysis; and was not "in compliance" with Florida's

3502Growth Management Act and its implementing regulations.

3509Scale of the FLUM Amendment

351429. A small-scale development amendment may be adopted if

3523the "proposed amendment involves a use of 10 acres or fewer."

3534§ 163.3187(1)(c)(1), Fla. Stat.

353830. According to the survey and architectural plans on

3547file with the City, the "net lot area" of the Site measures 6.72

3560acres. The City Zoning Code defines "net lot area" as "[t]he

3571total area within the lot lines excluding any street rights-of-

3581way or other required dedications." § 2502, City Zoning Code.

359131. In determining how large (in square feet of floor

3601area) the planned Project could be, the architects were

3610permitted, under the City's zoning regulations, to multiply the

"3619floor area ratio" (FAR) for the High Density Multifamily

3628Residential zoning classification by an area larger than the

"3637net lot area." See § 401, City Zoning Code. The Zoning Code

3649allows the maximum square footage to be calculated using the

3659Site's "gross lot area." Id.

366432. The City Zoning Code defines "gross lot area," in

3674pertinent part, as "[t]he net area of the lot, as defined

3685herein, plus half of adjoining street rights-of-way and seventy

3694(70) feet of any other public open space such as parks, lakes,

3706rivers, bays, public transit right-of-way and the like."

3714§ 2502, City Zoning Code.

371933. If the "gross lot area" to be used to calculate the

3731maximum square footage involves properties under different

3738ownership, either the owners must apply jointly for a MUSP, or

3749they must enter a covenant-in-lieu of unity of title.

3758Properties joined by a covenant-in-lieu of unity of title need

3768not have the same land use designation or zoning classification.

3778If a covenant-in-lieu of unity of title is required, it need not

3790be submitted to the City until building permits are sought. At

3801present, no covenant-in-lieu of unity of title has been prepared

3811or executed for the Site.

381634. The "gross lot area" used to calculate the Project's

3826maximum square footage of floor area measured 11.44 acres.

3835Thus, the Petitioners argued that the FLUM Amendment "involved a

3845use" of more than 10 acres. But the application requested a

3856land use designation change on only 6.72 acres of land. Because

3867High-Density Multifamily Residential use will not be made of the

3877proposed Perimeter Road, the access road known as Halissee

3886Street, or the proposed Bay Walk, a land use designation change

3897was not required for that acreage. Indeed, according to the

3907amended FLUM, there is no land use designation applied to

3917Halissee or to the northern part of the Perimeter Road.

3927Moreover, use of Halissee Street, the Perimeter Road, and the

3937Bay Walk is not exclusive to the 6.72 acres but will remain

3949shared with Mercy Hospital, its patients and employees, as well

3959as with the public.

396335. The Petitioners attempted to prove that a marina was

3973planned to serve the development, which would involve a total

3983use of more than ten acres for residential purposes. Even if a

3995marina was initially contemplated, the application on file with

4004the City does not include one, and there are no approved plans

4016for a marina to be incorporated into the proposed residential

4026development. No marina is required to be developed in

4035connection with the 300 Grove Bay project. Moreover, there was

4045unrebutted evidence that it is highly unlikely that a marina

4055would ever be permitted under the statutes now regulating

4064Biscayne Bay. There is no evidentiary support for including any

4074part of Biscayne Bay in the acreage subject to the small-scale

4085FLUM Amendment because of a possible marina so as to support the

4097Petitioners' claim that Ordinance 12911 should not have been

4106processed as a small-scale amendment.

4111Suitability and Compatibility of FLUM Amendment

411736. The Site is a parking lot. It is not environmentally

4128sensitive and has no significant natural or archeological

4136resources that would make it unsuitable for High Density

4145Multifamily Residential future land use.

415037. Major Institutional accommodates the Vizcaya Museum

4157and Gardens and the Mercy Hospital complex, which are compatible

4167with and actually part of Coconut Grove. However, as pointed

4177out by the City and the Intervenors, Major Institutional also

4187allows future land uses that could be less compatible with the

4198surrounding land uses, including the Vizcaya Museum and Gardens

4207and the residential neighborhoods of Coconut Grove. While a

4216lower density residential future land use would be appropriate

4225and compatible with the surrounding uses, the issue in this case

4236is the density allowed by H/D Residential--up to 150 residential

4246units per acre, which Petitioners contend is incompatible with

4255the surrounding land uses and inconsistent with previous efforts

4264to protect Vizcaya and Coconut Grove from the intrusion of high-

4275density residential development. The Petitioners also contend

4282that the FLUM Amendment is not suitable on the bayfront.

4292(a) Suitability on the Bayfront

429738. The Petitioners contend that H/D Residential is not

4306suitable on the bayfront for reasons related mostly to

4315aesthetics and views. While it certainly would be possible and

4325reasonable for a community to decide not to allow dense and

4336intense development on significant water bodies, it was not

4345proven by a preponderance of the evidence that the City has done

4357so, or that H/D Residential is unsuitable on the Site for that

4369reason.

4370(b) 2005 Evaluation and Appraisal Report

437639. The City's 2005 Evaluation and Appraisal Report ("2005

4386EAR") focused on two citywide issues relevant here: (1) the

4397preservation and enhancement of historic and similar resources;

4405and (2) neighborhood integrity and the need to protect existing

4415neighborhoods from incompatible development.

4419(c) Vizcaya Museum Gardens

442340. Industrialist James Deering built Vizcaya in 1916 as a

4433winter home. The land Deering purchased in the early 1900s was

4444developed into a 180-acre estate that included his

4452Mediterranean-style home, Italianate gardens, farms, orchards,

4458and lagoons. The mansion and gardens were designed by three

4468well-known architects and designers and constructed using local

4476materials.

447741. When Deering died nine years later in 1925, Vizcaya

4487was left to his heirs, who eventually sold the south gardens and

4499western agricultural fields to the Catholic Diocese. The

4507southern acreage (which included the Site) was later developed

4516into a church (Ermita de la Caridad), a school (La Salle), and

4528medical and hospital facilities (Mercy). The Diocese sold the

4537western acreage, which was eventually developed into single-

4545family-home subdivisions.

454742. In the 1950s, the Deering heirs sold the remaining

4557property, consisting of the mansion, gardens, and farm

4565buildings, to Dade County.

456943. In 1952, Dade County opened Vizcaya to the public.

4579Since then, the County has operated Vizcaya as a museum, which

4590has welcomed thousands of visitors annually and is a popular

4600site for tourists, social functions, and photo shoots.

460844. The Vizcaya mansion and gardens have historical,

4616architectural, and botanical significance. The mansion is an

"4624architectural masterpiece" and an "outstanding example of

4631Italian Renaissance Revival architecture." Vizcaya has been on

4639the National Register of Historical Places since 1977; it was

4649designated as a City Heritage Conservation District in 1984;

4658and, in 1994, it was designated a National Historical Landmark--

4668one of only three in Miami-Dade County.

467545. The southernmost part of Vizcaya's gardens is

4683approximately 1,600 feet from the FLUM Amendment Site, and the

4694mansion is approximately 2,300 feet from the Site.

470346. For the specific purpose of objecting to the 300 Grove

4714Bay project, The Vizcayans commissioned the Vizcaya Viewshed

4722Impact Assessment, which is referred to as the "balloon" study,

4732and the Vizcaya View Corridor Study. According to the balloon

4742study, the 300 Grove Bay condominiums would be visible from the

4753balcony on the south side of the mansion. Although the balloon

4764study was based on the original Project building heights and not

4775re-done using the reduced heights in the zoning and MUSP

4785approvals, the Petitioners' witnesses said that the Project

4793would still be visible through the existing landscape, even at

4803the reduced height. The Petitioners' witnesses opined that the

4812development of 300 Grove Bay would "overpower and overshadow"

4821the gardens on the south side of the mansion.

483047. No federal, state, or local statutes, rules or

4839ordinances, including those relevant to this proceeding, protect

4847the view corridors of Vizcaya's gardens.

4853(d) Coconut Grove

485648. The area known as Coconut Grove was settled in the

4867late 1800s and was considered "off the beaten path" from the

4878City which was incorporated in 1896. Coconut Grove was

4887incorporated as a separate municipality in 1919, but in 1925 it

4898was annexed to the City, as were five other municipalities.

4908Petitioners' witnesses observed that Coconut Grove is the only

4917one of these towns that has continued to retain a unique and

4929recognizable character. Vizcaya and Mercy Hospital, including

4936the parking lot site, are located in the northern area of

4947Coconut Grove.

494949. Coconut Grove is primarily, but not entirely, a

4958residential community. Coconut Grove has an active "downtown"

4966business, commercial, and hotel district. The Petitioners

4973maintained that the northern area of Coconut Grove is primarily

4983single-family residential. However, it also includes a non-

4991conforming high-density development (Grove Isle), medium-density

4997residential, Mercy Hospital and its professional buildings, an

5005assisted living facility, a school, a church, and governmental

5014office buildings, as well as two museums (Vizcaya and the Museum

5025of Science).

502750. A Coconut Grove Planning Study was commissioned and

5036printed in 1974, but the City never adopted it; therefore, it

5047has no official status.

5051(e) The Coconut Grove Neighborhood Conservation District

505851. In 2005, the City adopted by ordinance the Coconut

5068Grove Neighborhood Conservation District (NCD-3). See § 803.3,

5076City Zoning Code. According to the Code, a Neighborhood

5085Conservation District is an "umbrella land use designation

5093overlay," which allows for the tailoring of a master plan or of

5105design guidelines for any area that meets certain criteria. See

5115§ 800, City Zoning Code.

512052. The intent of the Coconut Grove Neighborhood

5128Conservation District is to "[p]reserve the historic, heavily

5136landscaped character of Coconut Grove's residential areas and

5144enhance and protect Coconut Grove's natural features such as

5153tree canopy and green space." § 803.1, City Zoning Code.

516353. NCD-3 does not specify the High-Density, Multifamily

5171Residential (R-4) zoning classification. But that does not mean

5180that NCD-3 does not allow R-4. NCD-3 is enabling legislation

5190that imposes greater restrictions within a geographic "overlay"

5198for the zoning classifications addressed in Section 803.3. So

5207far, NCD-3 has not addressed G/I and R-4 but only Single-Family

5218Residential (R-1) and Commercial Districts. See § 803.3, City

5227Zoning Code. For that reason, the ordinance does not apply to

5238the Site.

5240(f) The "Grovenor Ordinance"

524454. The so-called Grovenor Ordinance was the City's

5252response in July 2004 to the construction of a high-density

5262residential project on property in Coconut Grove zoned "G/I

5271Government and Institutional." The Grovenor Ordinance amended

5278subsection of Section 401 of the City's Zoning Code to provide

5289in pertinent part:

5292G/I Government and Institutional

5296Intent and Scale:

5299The government/institutional category

5302allows the development of facilities for

5308federal, state and local government

5313activities, major public or private health,

5319recreational, cultural, religious, or

5323educational activities, major transportation

5327facilities, public utilities, and public and

5333private cemeteries. Uses ancillary to these

5339uses are allowed to a maximum density and

5347intensity equivalent to the least intense

5353abutting zoning district, subject to the

5359same limiting conditions.

5362Intensity:

5363For residential uses: As for the least

5370intense abutting zoning district. . . .

5377* * *

5380Permitted Principal Uses:

5383Governmental and institutional uses as

5388described in the City of Miami Comprehensive

5395Development Plan designation of "Major

5400Institutional, Public Facilities,

5403Transportation and Utilities", . . . however

5410for accessory non-governmental or

5414institutional uses-only such uses as may be

5421permitted as principal uses in the least

5428intense abutting zoning district . . . .

5436§ 401, City Zoning Code.

544155. The Grovenor Ordinance applies to property that is

5450zoned G/I. The City's and Intervenors' witnesses testified that

5459it applies only if G/I-zoned property ceases to be used for

5470governmental or institutional purposes and is used instead for

5479residential purposes. However, from the language of the

5487ordinance itself, it is beyond fair debate that it also applies

5498to G/I-zoned property that is used both for government or

5508institutional uses and for ancillary residential uses. Clearly,

5516without a FLUM change to a higher-density residential zoning

5525category, in Coconut Grove the residential use on the Site would

5536be restricted to the zoning classification of the "least intense

5546abutting zoning district."

554956. Since it pertains to zoning, the Grovenor Ordinance

5558does not directly apply to the issue of whether a FLUM amendment

5570is "in compliance." However, it has some bearing on the proper

5581interpretation and application of the "pyramid concept" of the

5590MCNP's future land use designations, which is important to the

5600issues for determination in this case.

5606(g) The Pyramid Concept

561057. The City and the Intervenors rely heavily on their

5620interpretation of the MCNP's pyramid concept of cumulative

5628future land use designations to support the FLUM Amendment in

5638this case. According to them, the FLUM Amendment is compatible

5648with surrounding land uses because high-density multi-family

5655residential use already is a permitted use as a matter of right

5667for land designated "Major Institutional." Similarly, they

5674maintain that, under the "pyramid" concept, high-density multi-

5682family residential use is permitted as a matter of right in all

5694of the commercially designated land in Coconut Grove. But it is

5705beyond fair debate that their interpretation of the "pyramid

5714concept" is incorrect.

571758. As indicated, the "'pyramid concept' of cumulative

5725inclusion" applies "except as otherwise noted." In the Major

5734Institutional future land use category, it is noted that

5743residential facilities with densities equivalent to "High

5750Density Multifamily Residential" (i.e. , up to 150 units per

5759acre) are permitted only if "ancillary" to the listed major

5769institutional uses. Similarly, in the General Commercial future

5777land use category, it is noted that high-density residential

5786uses "are allowed by Special Exception only, upon finding that

5796the proposed site's proximity to other residentially zoned

5804property makes it a logical extension or continuation of

5813existing residential development and that adequate services and

5821amenities exist in the adjacent area to accommodate the needs of

5832potential residents." If the "pyramid concept" authorized high-

5840density multi-family residential use as a matter of right on

5850land designated either Major Institutional or General

5857Commercial, there would be no reason to limit those uses by

5868notation.

586959. Under the correct interpretation of the "pyramid

5877concept" in the MCNP, free-standing high-density multi-family

5884residential use of up to 150 units per acre is not already

5896permitted as of right in either the Major Institutional or the

5907General Commercial land use categories.

5912(h) Compatibility

591460. Notwithstanding the correct interpretation of the

"5921pyramid concept" in the MCNP, the Petitioners failed to prove

5931by a preponderance of the evidence that High Density Multi

5941Family Residential future land use on the Site is incompatible

5951with the surrounding uses or is inappropriate. The lower

5960density residential and other less intense future land uses in

5970the MCNP are buffered from the Site by Biscayne Bay and by

5982Medium Density Multifamily Residential future land use. Vizcaya

5990is buffered from the Site by Mercy Hospital and related medical

6001facilities and by La Salle High School. The compatibility of a

6012specific density of residential development on the Site with

6021less dense residential use in Coconut Grove and with Vizcaya,

6031including issues regarding building height and intrusion into

6039Vizcaya's view corridors, can be addressed through zoning and

6048MUSP proceedings.

6050Data and Analysis

605361. Data and analysis is another matter. Because of their

6063incorrect interpretation of the "pyramid concept" in the MCNP,

6072the City and the Intervenors took the position that the FLUM

6083Amendment constitutes "down-planning" and that the City was not

6092required to perform the same level of analysis as it would have

6104if the amendment sought a designation that permitted uses of

6114greater impact, density, and/or intensity.

611962. The experts disagreed on whether "down-planning" is a

6128concept in land use planning that can eliminate or minimize the

6139requirement for data and analysis. In any event, the FLUM

6149Amendment in this case could not be characterized as "down-

6159planning." See Findings 57-59, supra . The MCNP's pyramid

6168concept does not dispense with the need for data and analysis,

6179and the data and analysis in this case was minimal and

6190inadequate.

619163. The primary data and analysis in this case was the

"6202Analysis for Land Use Change Request" (Analysis) that resulted

6211from the City staff's review. After identifying the proposed

6220land use designation and the uses permitted on it the Analysis

6231recommended "Approval" of the FLUM Amendment and made four

6240findings in support of "the position that the existing land use

6251pattern in this neighborhood should be changed. These findings

6260are as follows:

6263It is found that the subject property is

6271part of the Mercy Hospital and do [sic] not

6280front South Miami Avenue.

6284It is found that the "Major Institutional,

6291Public Facilities, Transportation &

6295Utilities" category allows 150 residential

6300units per acre and the requested "High

6307Density Multifamily Residential" designation

6311will allow a maximum density of 150

6318residential units per acre .

6323It is found that the requested change to

"6331High-Density Multifamily Residential"

6334designation will allow greater flexibility

6339in developing the property at the above

6346described location and therefore should be

6352changed as part of the MUSP.

6358It is found that MCNP Goal LU-1 maintains a

6367land use pattern that (1) protects and

6374enhances the quality of life in the city's

6382residential neighborhoods, and (5) promotes

6387the efficient use of land and minimizes land

6395use conflicts.

6397Id. (Emphasis in original.)

640164. As to the City’s third finding, a particular

6410developer's flexibility is irrelevant to the determination of

6418whether the land use change is consistent with the MCNP. To the

6430extent that flexibility in general could be relevant to the

6440inquiry, the finding was incorrect. While allowing a free-

6449standing high-density residential project that would not

6456otherwise be possible, the FLUM Amendment eliminates all of the

6466non-residential uses permitted within the "Major Institutional"

6473category.

647465. The second finding was based on the City's incorrect

6484interpretation of the "pyramid concept" of the MCNP, which led

6494the City to wrongly equate a primary use with an ancillary use

6506and to simply assume no population increase would result from

6516the FLUM Amendment, and that the FLUM Amendment would result in

"6527down-planning."

652866. Attached to the City's Analysis was a separate

"6537Concurrency Management Analysis," which addressed in summary

6544form the data and analysis generated by the applicant and by the

6556City's staff to address the "impact of [the] proposed amendment

6566to land use map within a transportation corridor." The

"6575Concurrency Management Analysis" also was predicated on the

6583assumption that the FLUM change to HD Residential would not

6593increase population. Essentially, it assumed without any data

6601or analysis that infrastructure was available for 1,008 people

6611living on the Site, even though the Site is being used as a

6624parking lot at this time. This data and analysis was inadequate

6635to support the FLUM Amendment.

664067. As to transportation, there was additional evidence of

6649a traffic analysis performed by the City in support of the

6660Project’s MUSP. This MUSP traffic analysis utilized a proper

6669starting point of zero population on the Site at this time. It

6681then projected the impact of the addition of 300 units. This

6692was more than the 225 units ultimately approved in the MUSP but

6704did not analyze the much larger potential increases in traffic

6714that would be allowed under the FLUM Amendment, which is not

6725limited to 300 units. There also was no data or analysis to

6737show that limiting the analysis to 300 units was reasonable. It

6748also only looked two years into the future. The MUSP traffic

6759analysis also did not address the 2005 EAR finding that Bayshore

6770Drive will be at level of service F by year 2025, without even

6783any development on the Site. In short, the MUSP traffic

6793analysis was inadequate to support the FLUM Amendment.

680168. The City and Intervenor took the position that the

6811designation of the entire City as an urban infill area meant

6822that every parcel is appropriate for high-density multi-family

6830residential development. This is not correct. It is still

6839necessary to look at comprehensive plan to determine which areas

6849are appropriate for that kind of future land use and to have

6861data and analysis to support it. See Payne et al. v. City of

6874Miami et al. , 32 Fla. L. Weekly D1885, *10-13 (Fla. 3d DCA

6886Aug. 8, 2007) (on motion for rehearing).

689369. For these reasons, the Petitioners proved by a

6902preponderance of the evidence that the data and analysis

6911supporting the FLUM Amendment were inadequate.

6917Inconsistency with City's Comprehensive Plan

692270. The Petitioners failed to prove beyond fair debate

6931that the FLUM Amendment is inconsistent with any MCNP goals,

6941objectives, or policies.

6944State Comprehensive Plan

694771. Petitioners did not prove that the FLUM Amendment at

6957issue is inconsistent with the State Comprehensive Plan.

6965CONCLUSIONS OF LAW

6968Small-Scale Amendment

697072. A small-scale development amendment may be adopted if

6979the "proposed amendment involves a use of 10 acres or fewer."

6990§ 163.3187(1)(c)(1), Fla. Stat.

699473. The word "use" in that statute refers to the property

7005that is the subject of the FLUM Amendment and is to be

7017developed--here, the Site to be developed for residential use.

7026It does not refer to adjoining property that will not be

7037developed for residential use and on which the land use

7047designation will not be changed. Therefore, "gross lot area"

7056under the City Code is not relevant to the determination whether

7067a "proposed amendment involves a use of 10 acres or fewer." Id.

707974. The FLUM Amendment at issue involves the use of the

7090Site and, at most, the Perimeter Road, and Halissee Street,

7100which totals less than ten acres. For that reason, it qualified

7111for processing as a small-scale amendment under Section

7119163.3187(1)(c)1., Florida Statutes.

712275. Petitioners contend that the decision in St. George

7131Plantation Owners' Ass'n, Inc. v. Franklin County, et al. , Case

7141No. 96-5124GM, 1997 Fla. ENV LEXIS 37 (Admin. Comm'n Mar. 25,

71521997), requires a different result. In St. George , the site was

7163a 9.6-acre piece of a 58-acre parcel, know as the Resort Village

7175Property, which was owned by the intervenors. The 58-acre

7184parcel was the subject of a Development of Regional Impact

7194(DRI), which the intervenor planned to develop in phases. Phase

7204I involved developing the 9.6 acres into four hotels, commercial

7214and retail space, a beach club, a conference center,

7223recreational facilities, and a wastewater treatment plant.

7230Development of the planned wastewater treatment facility

7237required an additional five acres for subsurface absorption

7245beds. The County and intervenors acknowledged that the

7253absorption beds were integral to the design and successful

7262operation of the wastewater treatment plant, which was required

7271to serve the Phase I development. In determining that the

7281proposed amendment was not "small-scale," the ALJ concluded that

"7290the beds and plant are a single, interrelated system," and that

7301the County could not "change the land use designation for a

7312portion of the facility while ignoring the remainder." Id. at

7322*17.

732376. The FLUM Amendment at issue here is not analogous to

7334the amendment in St. George . Here, there is no phased project;

7346TRG-MH has not purchased more than the 6.72-acre parcel; and

7356there is no planned facility, a portion of which requires the

7367development of adjoining property.

7371The Compliance Criteria

737477. Section 163.3184(1)(b), Florida Statutes, states:

"7380In compliance" means consistent with the

7386requirements of ss. 163.3177, 163.3178,

7391163.3180, 163.3191, and 163.3245, with the

7397state comprehensive plan, with the

7402appropriate strategic regional policy plan,

7407and with chapter 9J-5, Florida

7412Administrative Code, where such rule is not

7419inconsistent with this part and with the

7426principles for guiding development in

7431designated areas of critical state concern.

7437Section 163.3177(2), Florida Statutes, and Florida

7443Administrative Code Rule 9J-5.005(5)(a) require that a

7450comprehensive plan be internally consistent. Any amendment to

7458the FLUM must be internally consistent with the other elements

7468of the comprehensive plan. See Coastal Development of North

7477Fla., Inc. v. City of Jacksonville , 788 So. 2d 204, 208 (Fla.

74892001).

7490Burden and Standard of Proof

749578. Since this is a small-scale amendment, Section

7503163.3187(3)(a), Florida Statutes, applies and provides:

7509In the proceeding, the local government’s

7515determination that the small scale

7520development amendment is in compliance is

7526presumed to be correct. The local

7532government’s determination shall be

7536sustained unless it is shown by a

7543preponderance of the evidence that the

7549amendment is not in compliance with the

7556requirements of this Act.

7560However, in a "noncompliance" proceeding under Section

7567163.3184(10), Florida Statutes (where DCA has preliminarily

7574reviewed a comprehensive plan or plan amendment and found it not

"7585in compliance"), the statute provides, in pertinent part: "The

7595local government's determination that elements of its plans are

7604related to and consistent with each other shall be sustained if

7615the determination is fairly debatable." Section 163.3187(3)(a)

7622omits the sentence regarding internal consistency contained in

7630Section 163.3184(10). But it would be illogical not to extend

7640the same deference to the local government in a small-scale

7650amendment proceeding. For that reason, the fairly debatable

7658standard is applied to the Petitioners' allegations of internal

7667inconsistency.

766879. "The fairly debatable standard of review is a highly

7678deferential standard requiring approval of a planning action if

7687reasonable persons could differ as to its propriety." Martin v.

7697Yusem , 690 So. 2d 1288, 1295 (Fla. 1997). If the internal

7708consistency of an amendment with other provisions within a

7717comprehensive plan is open to dispute on logical grounds, the

7727local government's determination that the amendment does not

7735create an internal inconsistency within the comprehensive plan

7743must prevail. See Hussey, et al. v. Collier County, et al. ,

7754DOAH Case Nos. 02-3795GM and 02-3796GM, Recommended Order, 2003

7763Fla. Div. Adm. Hear. LEXIS 304, at *56 (DCA Jul. 22, 2003; DOAH

7776Apr. 29, 2003), quoting Yusem at 1295. See also Martin County

7787v. Section 28 Partnership Ltd. , 772 So. 2d 616, 621 (Fla. 4th

7799DCA 2000) (if there is "evidence in support of both sides of a

7812comprehensive plan amendment, it is difficult to determine that

7821the County's decision was anything but 'fairly debatable'"). A

7831plan amendment creates an internal inconsistency only when it

7840conflicts with other provisions in the comprehensive plan.

7848Suitability and Compatibility

785180. The Petitioners did not prove by a preponderance of

7861the evidence that High Density Multifamily Residential future

7869land use on the Site is incompatible with surrounding land uses.

7880(A fortiori , they did not prove beyond fair debate that the FLUM

7892Amendment was internally consistent with MCNP provisions

7899requiring compatibility of land uses.) Cf. Conclusion 84,

7907infra .

7909Data and Analysis

791281. Section 163.3177(8), Florida Statutes, states: "All

7919elements of the comprehensive plan . . . shall be based upon

7931data appropriate to the element." The implementing rule states:

7940All goals, objectives, policies, standards,

7945findings and conclusions within the

7950comprehensive plan and its support

7955documents, and within plan amendments and

7961their support documents, shall be based upon

7968relevant and appropriate data and the

7974analysis applicable to each element. To be

7981based on data means to react to it in an

7991appropriate way and to the extent necessary

7998indicated by the data available on that

8005particular subject at the time of adoption

8012of the plan or plan amendment at issue.

802082. As pointed out by the City and the Intervenors, the

8031Site was studied and analyzed at the time of the adoption of the

8044MCNP and through certain amendment cycles. Data and analysis

8053supporting earlier comprehensive plans may support a subsequent

8061amendment. See Wilson v. City of Cocoa , DOAH Case No. 90-

80724821GM, (DOAH, Aug. 8, 1991; DCA, Sept. 11, 1991), cited in

8083Geraci v. Hillsborough County , DOAH Case No. 95-0259GM, 1999

8092Fla. ENV LEXIS 11 (DOAH Oct. 14, 1998; DCA, Jan. 12, 1999).

8104Nothing about the Site has changed, and it does not possess any

8116environmental or archeological significance that would require a

8124different analysis. However, the FLUM change to High Density

8133Multifamily Residential was significant and necessitated more

8140data and analysis.

814383. Petitioners proved by a preponderance of the evidence

8152that the FLUM Amendment was not based on adequate data and

8163analysis primarily because of the City's incorrect

8170interpretation of the "pyramid concept" of the MCNP, which led

8180the City to simply assume that no population increase would

8190result from the FLUM Amendment.

8195Internal Consistency

819784. Petitioners failed to prove beyond fair debate that

8206the FLUM Amendment is inconsistent with any MCNP goals,

8215objectives, or policies.

8218State Comprehensive Plan

822185. The State Comprehensive Plan establishes general goals

8229and policy rather than the type of minimum criteria that are set

8241forth in Chapter 9J-5. Many of the provisions of the State

8252Comprehensive Plan apply to the State of Florida and its

8262agencies in planning on the state level, as opposed to local

8273governments. As a consequence, before a comprehensive plan

8281amendment can be found inconsistent with the State, careful

8290consideration has to be given to the entirety of that more

8301general plan, as well as to the entirety of the local

8312comprehensive plan. See § 163.3177(10)(a), Fla. Stat. (State

8320Comprehensive Plan "shall be construed as a whole and no

8330specific goal and policy shall be construed or applied in

8340isolation from the other goals and policies in the plans.")

835186. Section 163.3177(10)(a), Florida Statutes, also

8357states: "[F]or the purpose of determining whether local

8365comprehensive plans are consistent with the state comprehensive

8373plan and the appropriate regional policy plan, a local plan

8383shall be consistent with such plans if the local plan is

"8394compatible with" and "furthers" such plans. The term

"8402compatible with" means that the local plan is not in conflict

8413with the state comprehensive plan or appropriate regional policy

8422plan. The term "furthers" means to take action in the direction

8433of realizing goals or policies of the state or regional plan."

844487. In this case, the Petitioners proved that the data and

8455analysis were insufficient to support the FLUM Amendment at

8464issue. However, the Petitioners did not prove that the FLUM

8474Amendment was inconsistent with the MCNP or the State

8483Comprehensive Plan.

8485Disposition

848688. Section 163.3187(3)(b)1., Florida Statutes, provides

8492in pertinent part: "If the administrative law judge recommends

8501that the small scale development amendment be found not in

8511compliance, the administrative law judge shall submit the

8519recommended order to the Administration Commission for final

8527agency action."

8529RECOMMENDATION

8530Based on the foregoing Findings of Fact and Conclusions of

8540Law, it is

8543RECOMMENDED that the Administration Commission enter a

8550final order that the FLUM Amendment adopted by City of Miami

8561Ordinance 12911 is not "in compliance," as defined by Section

8571163.3184(1)(b), Florida Statutes.

8574DONE AND ENTERED this 10th day of July, 2008, in

8584Tallahassee, Leon County, Florida.

8588S

8589J. LAWRENCE JOHNSTON

8592Administrative Law Judge

8595Division of Administrative Hearings

8599The DeSoto Building

86021230 Apalachee Parkway

8605Tallahassee, Florida 32399-3060

8608(850) 488-9675 SUNCOM 278-9675

8612Fax Filing (850) 921-6847

8616www.doah.state.fl.us

8617Filed with the Clerk of the

8623Division of Administrative Hearings

8627this 10th day of July, 2008.

8633COPIES FURNISHED :

8636Barbara Leighty, Clerk

8639Transportation and Economic

8642Development Policy Unit

8645The Capitol, Room 1801

8649Tallahassee, Florida 32399-0001

8652Jason Gonzalez, General Counsel

8656Office of the Governor

8660The Capitol, Suite 209

8664Tallahassee, Florida 32399-0001

8667Jorge L. Fernandez, City Attorney

8672City of Miami

8675Miami Riverside Center, Suite 945

8680444 Southwest 2nd Avenue

8684Miami, Florida 33130-1910

8687Patrick J. Goggins, Esquire

8691Patrick J. Goggins, P.A.

8695Sun Trust Building, Suite 850

8700777 Brickell Avenue

8703Miami, Florida 33131-2811

8706John Charles Lukacs, Esquire

8710John C. Lukacs, P.A.

8714201 Sevilla Avenue, Suite 305

8719Coral Gables, Florida 33134-6616

8723H. Ray Allen, II, Esquire

8728Carlton Fields, P.A.

8731Post Office Box 3239

8735Tampa, Florida 33601-3239

8738Stephen J. Darmody, Esquire

8742Shook, Hardy & Bacon, LLP

8747Miami Center - Suite 2400

8752201 South Biscayne Boulevard

8756Miami, Florida 33131-4339

8759Lewis W. Fishman, Esquire

8763Lewis W. Fishman, P.A.

8767Two Datran Center, Suite 1121

87729130 South Dadeland Boulevard

8776Miami, Florida 33156-7848

8779John K. Shubin, Esquire

8783Shubin & Bass, P.A.

878746 Southwest First Street, Third Floor

8793Miami, Florida 33130-1610

8796NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

8802All parties have the right to submit written exceptions within

881215 days from the date of this Recommended Order. Any exceptions

8823to this Recommended Order should be filed with the agency that

8834will issue the Final Order in this case.

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Date
Proceedings
PDF:
Date: 02/22/2010
Proceedings: Second Agency FO
PDF:
Date: 02/22/2010
Proceedings: Agency Final Order Closing File filed.
PDF:
Date: 10/30/2009
Proceedings: Letter to J. Bru from J. McDaniel regarding case issues filed.
PDF:
Date: 05/04/2009
Proceedings: City of Miami`s Amended Notice of Remedial Measures filed.
PDF:
Date: 04/27/2009
Proceedings: City of Miami`s Notice of Remedial Measures filed.
PDF:
Date: 04/27/2009
Proceedings: Affidavit of City of Miami City Clerk filed.
PDF:
Date: 03/31/2009
Proceedings: Final Order filed.
PDF:
Date: 03/27/2009
Proceedings: Agency Final Order
PDF:
Date: 12/22/2008
Proceedings: Notice of Meeting filed.
PDF:
Date: 12/03/2008
Proceedings: Order on Request for Administrative Notice.
PDF:
Date: 12/02/2008
Proceedings: (Proposed) Order Denying Intervenors` Suggestion of Mootness filed.
PDF:
Date: 11/19/2008
Proceedings: Notice of Request for Administrative Notice filed.
PDF:
Date: 11/12/2008
Proceedings: City of Miami`s Notice of Adoption of Intervenor, Mercy Hospital, Inc.`s Suggestion of Mootness filed.
PDF:
Date: 11/12/2008
Proceedings: Intervenor TRG-MH`s Notice of Adoption of Intervenor Mercy Hospital, Inc.`s Suggestion of Mootness filed.
PDF:
Date: 10/24/2008
Proceedings: Remanded from the Agency
PDF:
Date: 10/24/2008
Proceedings: Supplement to Recommended Order After remand.
PDF:
Date: 10/24/2008
Proceedings: Supplement to Recommended Order cover letter.
PDF:
Date: 10/20/2008
Proceedings: Order of Remand filed.
PDF:
Date: 10/07/2008
Proceedings: Respondent`s and TRG-MH Venture, LTD.`s Notice of Withdrawal of Exceptions filed.
PDF:
Date: 09/29/2008
Proceedings: Notice of Meeting filed.
PDF:
Date: 08/05/2008
Proceedings: Respondent`s and Intervenors` Joint Response to the Petitioners` Exceptions to the Recommended Order filed.
PDF:
Date: 07/25/2008
Proceedings: Respondent`s and Intervenors` Exceptions to the Recommended Order filed.
PDF:
Date: 07/17/2008
Proceedings: Notice of Prohibited Parties filed.
PDF:
Date: 07/10/2008
Proceedings: Recommended Order
PDF:
Date: 07/10/2008
Proceedings: Recommended Order cover letter identifying the hearing record referred to the Agency.
PDF:
Date: 07/10/2008
Proceedings: Recommended Order (hearing held January 22-25, 2008). CASE CLOSED.
PDF:
Date: 06/26/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Court Orders from Eleventh Judicial Circuit filed.
PDF:
Date: 05/20/2008
Proceedings: The Vizcayans` Opposition to TRG-MH`s Motion to Strike Filing of Certiorari Order filed.
PDF:
Date: 05/15/2008
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH Motion to Strike the Vizcayan`s Notice of Filing Attached Order filed.
PDF:
Date: 05/14/2008
Proceedings: Intervenor TRG-MH`s Motion to Strike the Vizcayans` Notice of Filing and Attached Order filed.
PDF:
Date: 05/12/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Court Order from Eleventh Judicial Circuit filed.
PDF:
Date: 04/18/2008
Proceedings: Respondent`s and Intervenors` Joint Proposed Recommended Order filed.
PDF:
Date: 04/18/2008
Proceedings: The Vizcayans, Inc.`s Proposed Recommended Order filed.
PDF:
Date: 04/18/2008
Proceedings: Proposed Recommended Order filed.
PDF:
Date: 03/21/2008
Proceedings: Order Granting Extension of Time (proposed recommended orders to be filed by April 18, 2008).
PDF:
Date: 03/14/2008
Proceedings: Petitioners` Grove Isle ET AL., Motion for Enlargement of Time to File Post Hearing Submissions filed.
PDF:
Date: 03/05/2008
Proceedings: Petitioner the Vizcayans` Notice of Filing Final Hearing Exhibits and Letter to Judge Johnston filed.
PDF:
Date: 03/03/2008
Proceedings: Notice of Filing Transcript of Final Hearing (6 Volumes, Condensed) filed.
PDF:
Date: 02/19/2008
Proceedings: City of Maimi`s Notice of Adoption of TRG-MH Venture LTD`s, Objections and Cross-Designations to the Vizcayans` Deposition Designations of the TRG-MH Corporate Representative and Edaw`s Corporate Representative filed.
PDF:
Date: 02/15/2008
Proceedings: Petitioners` Notice of Adoption of Co-Petitioner`s Filings filed.
PDF:
Date: 02/14/2008
Proceedings: City of Miami`s Notice of Adoption of TRG-MH Venture LTD`s, Objections and Cross-Designations to the Vizcayans` Deposition Designations of the TRG-MH Corporate Representative and Edaw`s Corporate Representative filed.
PDF:
Date: 02/14/2008
Proceedings: The Vizcayans` Response to TRG`s Objections and Cross-Designations of EDAW Corporate Representative Deposition filed.
PDF:
Date: 02/14/2008
Proceedings: The Vizcayans` Response to the City and TRG`s Objections and Cross-Designations of the City of Miami Deposition filed.
PDF:
Date: 02/14/2008
Proceedings: The Vizcayans` Response to TRG`s Objections and Cross-Designations of TRG Corporate Representative Deposition filed.
PDF:
Date: 02/14/2008
Proceedings: The Vizcayans` Response to Mercy Hospital, Inc.`s Objections and Cross-Designations of Mercy Corporate Representative Deposition filed.
PDF:
Date: 02/04/2008
Proceedings: Respondent City of Miami and Intervenor TRG-MH`s Notice of Filing Objections and Cross-Designations to the Vizcayan`s Deposition Designations of the City of Miami filed.
PDF:
Date: 02/04/2008
Proceedings: Respondent City of Miami and Intervenor TRG-MH`s Notice of Filing Objections and Cross-Designations to Grove Isle, et al`s Supplemental Deposition Designations of the City of Miami filed.
PDF:
Date: 02/04/2008
Proceedings: Intervenor TRG-MH`s Notice of Filing Objections and Cross-Designations to the Vizcayans` Deposition Designations of the TRG-MH Corporate Representative filed.
PDF:
Date: 02/04/2008
Proceedings: Intervenor`s TRG-MH`s Notice of Filing Objections and Cross-Designations to the Vizcayans` Deposition Designations of EDAW`s Corporate Representative filed.
PDF:
Date: 02/04/2008
Proceedings: Mercy Hospital, Inc.`s Notice of Filing Objections and Cross-Designations of Mercy Corporate Representative Deposition filed.
PDF:
Date: 01/29/2008
Proceedings: Notice of Meeting filed.
Date: 01/22/2008
Proceedings: CASE STATUS: Hearing Held.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing City of Miami v. Saussele.
PDF:
Date: 01/22/2008
Proceedings: Deposition of John Hinson filed.
PDF:
Date: 01/22/2008
Proceedings: Deposition of J. Thomas Beck, Ph.D. filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Joel Hoffman Deposition Transcripts filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing John Hinson Depsotion Transcript filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing J. Thomas Beck Deposition Transcript filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Arquitectonica Corporate Respresentative Deposition Transcript filed.
PDF:
Date: 01/22/2008
Proceedings: Deposition of Corporate Representative of Arquitectonica Christopher Chloe Keidaish filed.
PDF:
Date: 01/22/2008
Proceedings: TRG-MH Venture LTD.`s Request for Site Visit filed.
PDF:
Date: 01/22/2008
Proceedings: Petition for Writ of Certiorari (07-299 AP) filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing City of Miami v. Saussele filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Petition for Writ of Certiorari in Case No. 07-299 AP filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Petition for Writ of Certiorari in Case No. 07-299 AP filed.
PDF:
Date: 01/22/2008
Proceedings: Petition for Writ of Certiorari filed.
PDF:
Date: 01/22/2008
Proceedings: Amended Complaint for Declaratory and Injunctive Relief (07-17332 CA 13) filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Amended Complaint in Case No. 07-17332-CA 13 filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Amended Complaint in Case No. 07-17456-CA 13 filed.
PDF:
Date: 01/22/2008
Proceedings: First Amended Complaint for Declaratory and Injunctive Relief filed.
PDF:
Date: 01/22/2008
Proceedings: Deposition of Subrata Basu filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing Subrata Basu Deposition Transcript.
PDF:
Date: 01/22/2008
Proceedings: Petitioner The Vizcayans` Motion for Summary Recommended Order filed.
PDF:
Date: 01/22/2008
Proceedings: Intervenor TRG-MH`s Notice of Filing City of Miami Letter filed.
PDF:
Date: 01/22/2008
Proceedings: Notice of Filing J. Thomas Beck Errata Sheet filed.
PDF:
Date: 01/22/2008
Proceedings: Intervenor TRG-MH`s Motion to Strike Expert Witnesses from the Vizcayans, Inc.`s Witness List filed.
PDF:
Date: 01/21/2008
Proceedings: Continuation of Deposition of Arquitectonica Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of Jason Uyeda filed.
PDF:
Date: 01/18/2008
Proceedings: Continuation Deposition of William Thompson filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of Bernard Fort-Brescia filed.
PDF:
Date: 01/18/2008
Proceedings: Continuation of Deposition of TRG MH Venture Ltd. Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of TRG MH Venture, Ltd. Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioners` Notice of Adoption of Co-Petitioner`s Filings filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of TRG MH Venture, Ltd. Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of EDAW, Inc. Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing TRG MH Venture Ltd. Deposition Transcript filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing EDAW, Inc. Deposition Transcript filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of Fortin, Leavy & Skiles, Inc. Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Fortin, Leavy & Skiles, Inc. Deposition Transcript filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioners Notice of Adotion of Co-Petitioner`s Filings filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Arquitectonica Deposition Transcript filed.
PDF:
Date: 01/18/2008
Proceedings: Deposition of Mercy Hospital, Inc. Corporate Representative filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Mercy Hospital, Inc. Deposition Transcript filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Proof of Service of Trial Subpoenas filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Mercy Hospital, Inc. Deposition Designation filed.
PDF:
Date: 01/18/2008
Proceedings: Petitioner The Vizcayans` Notice of Filing Fortin, Leavy & Skiles, Inc., EDAW, Inc., TRG MH Venture Ltd., and The City of Miami Deposition Designations filed.
PDF:
Date: 01/18/2008
Proceedings: Amended Order on Remaining Discovery Motions.
PDF:
Date: 01/18/2008
Proceedings: Petitioner the Vizcayans` Motion for Reconsideration of the Court`s Ruling on the Vizcayans` Motion for Sanctions against Intervenors TRG-MH and Mercy Hospital and Request for Expedited Hearing filed.
PDF:
Date: 01/18/2008
Proceedings: Amended Notice of Hearing (hearing set for January 22 through 25, 2008; 11:00 a.m.; Miami, FL; amended as to time only).
PDF:
Date: 01/17/2008
Proceedings: Notice of Filing City of Miami Deposition Transcript filed.
PDF:
Date: 01/17/2008
Proceedings: Notice of Filing Jack Luft Deposition Transcript filed.
PDF:
Date: 01/17/2008
Proceedings: Notice of Filing Orlando Toledo Deposition Transcript filed.
PDF:
Date: 01/17/2008
Proceedings: Notice of Filing House Bill 7203 (enrolled) and Section 163.32465, Florida Statutes filed.
PDF:
Date: 01/17/2008
Proceedings: Notice of Filing Henry Iler Deposition Transcript filed.
PDF:
Date: 01/17/2008
Proceedings: Notice of Unavailability filed.
Date: 01/15/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 01/14/2008
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 01/14/2008
Proceedings: Response to Petitioner the Vizcayans` Motion for Sanctions Against Intervenors TRG MH and Mercy Hospital and Request for Expedited Hearing filed.
PDF:
Date: 01/14/2008
Proceedings: Petitioners` Re-Notice of Taking Deposition filed.
PDF:
Date: 01/14/2008
Proceedings: Notice of Cancellation of Continued Video-Taped Deposition filed.
PDF:
Date: 01/11/2008
Proceedings: Respondent and Intervenors` Unilateral Pre-hearing Statement filed.
PDF:
Date: 01/11/2008
Proceedings: Petitioners` Notice of Taking Deposition filed.
PDF:
Date: 01/10/2008
Proceedings: Petitioners` the Vizcayans, Grove Isle, Constance Steen, Jason Bloch, and Glencoe Neighborhood Association`s Unilateral Pre-Hearing Stipulation filed.
PDF:
Date: 01/10/2008
Proceedings: Petitioner the Vizcayans` Motion for Sanctions Against Intervenors TRG MH and Mercy Hospital and Request for Expedited Hearing filed.
PDF:
Date: 01/04/2008
Proceedings: Order on Remaining Discovery Motions.
PDF:
Date: 01/03/2008
Proceedings: Notice of Taking Deposition Duces Tecum of Prof. Rocco Ceo filed.
Date: 01/02/2008
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 01/02/2008
Proceedings: Notice of Continued Video-Taped Deposition (Continued from November 29, 2007), filed.
PDF:
Date: 12/31/2007
Proceedings: The Vizcayans` Notice of Filing Letter from Miami`s Zoning Administrator.
PDF:
Date: 12/28/2007
Proceedings: Mercy Hospital, Inc.`s Notice of Filing Contract of Sale filed.
PDF:
Date: 12/28/2007
Proceedings: Notice of Filing Page Missing from Docket filed.
PDF:
Date: 12/27/2007
Proceedings: Amended Notice of Telephonic Hearing filed.
PDF:
Date: 12/27/2007
Proceedings: Amended Notice of Telephonic Hearing filed.
PDF:
Date: 12/27/2007
Proceedings: The Viscayans` Notice of Filing Redacted Contract of Sale filed.
PDF:
Date: 12/21/2007
Proceedings: Notice of Expected Expert Testimony from Professor Rocco Ceo filed.
PDF:
Date: 12/21/2007
Proceedings: TRG-MH`s Amended Response in Opposition to the Vizcayans` Motion to Compel Production of Responsive Documents filed.
PDF:
Date: 12/20/2007
Proceedings: Notice of Postponement of Deposition filed.
PDF:
Date: 12/19/2007
Proceedings: TRG-MH Venture, Inc.`s Adoption of Mercy Hospital, Inc.`s Response to Petitioner the Vizcayans` Motion to Overrule Confidentiality Objections, to Compel Answers to Deposition Questions and to Compel Production of Unredactated Documents filed.
PDF:
Date: 12/19/2007
Proceedings: Mercy Hospital, Inc.`s Response to Petitioner the Vizcayans` Motion to Overrule Confidentiality Objections, to Compel Answers to Deposition Questions, and to Compel Production of Unredacted Documents filed.
PDF:
Date: 12/19/2007
Proceedings: Order on Pending Discovery Motions.
PDF:
Date: 12/19/2007
Proceedings: Second Notice of Taking Deposition filed.
PDF:
Date: 12/19/2007
Proceedings: Notice of Telephonic Hearing filed.
Date: 12/18/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 12/18/2007
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 12/18/2007
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 12/17/2007
Proceedings: TRG-MH`s Response in Opposition to the Vizcayans` Motion to Compel Production of Responsive Documents filed.
PDF:
Date: 12/17/2007
Proceedings: TRG-MH`s Response in Opposition to Petitioners` (Grove Isle) Motion for Protective Order from Depositions filed.
PDF:
Date: 12/17/2007
Proceedings: Petitioner`s Notice of Adoption of Co-Petitioner`s Notice of Expected Testimony of Henry Ler filed.
PDF:
Date: 12/14/2007
Proceedings: Notice of Expected Expert Testimony from Henry Iler filed.
PDF:
Date: 12/14/2007
Proceedings: Motion to Compel and Motion for Protective Order filed.
PDF:
Date: 12/14/2007
Proceedings: The Vizcayans` Response in Opposition to TRG-MH`s Motion to Compel and Motion for Protective Order filed.
PDF:
Date: 12/14/2007
Proceedings: Notice of Postponement of Deposition filed.
PDF:
Date: 12/14/2007
Proceedings: The Vizcayans` Motion to Compel TRG-MH to Produce Responsive Documents filed.
PDF:
Date: 12/13/2007
Proceedings: Response in Opposition to Petitioners` (Grove Isle) Motion to Compel and Motion to Stay filed.
PDF:
Date: 12/13/2007
Proceedings: Notice of Continued Video-Taped Deposition filed.
PDF:
Date: 12/12/2007
Proceedings: Amended Second Notice of Taking Deposition Duces Tecum of Dr. J. Thomas Beck filed.
PDF:
Date: 12/12/2007
Proceedings: Petitioner The Vizcayans` Motion to Overrule Confidentiality Objections, to Compel Answers to Deposition Questions, and to Compel Production of Unredacted Documents filed.
PDF:
Date: 12/11/2007
Proceedings: Amended Re-Notice of Taking Deposition filed.
PDF:
Date: 12/10/2007
Proceedings: Amended Notice of Expected Testimony from J. Thomas Beck filed.
PDF:
Date: 12/07/2007
Proceedings: Notice of Expected Testimony from J.Tthomas Beck filed.
PDF:
Date: 12/07/2007
Proceedings: Re-Notice of Taking Deposition filed.
PDF:
Date: 12/07/2007
Proceedings: Re-Notice of Taking Deposition filed.
PDF:
Date: 12/06/2007
Proceedings: Petitioners` Motion for Protective Order from Depositions.
PDF:
Date: 12/06/2007
Proceedings: Petitioners` Motion to Compel Attendance of TRG-MH Designated Witness William P. Thompson for Deposition and Motion to Stay TRG-MH`s Further Discovery Pending Completion of Mr. Thompson`s Deposition filed.
PDF:
Date: 12/05/2007
Proceedings: Re-Notice of Taking Deposition filed.
PDF:
Date: 12/05/2007
Proceedings: Order on Motions for Protective Orders.
PDF:
Date: 12/04/2007
Proceedings: Fourth Notice of Taking Deposition filed.
PDF:
Date: 12/04/2007
Proceedings: Third Notice of Taking Deposition filed.
PDF:
Date: 12/04/2007
Proceedings: Amended Second Notice of Taking Deposition Duces Tecum of Dr. J. Thomas Beck filed.
PDF:
Date: 12/03/2007
Proceedings: Amended Notice of Taking Deposition Duces Tecum Without Deposition filed.
PDF:
Date: 12/03/2007
Proceedings: Notice of Taking Deposition (Orlando Toledo, Zoning Administrator) filed.
PDF:
Date: 12/03/2007
Proceedings: Notice of Taking Deposition Duces Tecum Without Deposition (Records Custodian) filed.
PDF:
Date: 11/30/2007
Proceedings: Second Notice of Taking Deposition filed.
PDF:
Date: 11/29/2007
Proceedings: Second Notice of Taking Deposition Duces Tecum of Dr. J. Thomas Beck filed.
PDF:
Date: 11/28/2007
Proceedings: Notice of Postponement of Deposition (C. Steen) filed.
PDF:
Date: 11/28/2007
Proceedings: Notice of Postponement of Deposition (H. Iler) filed.
PDF:
Date: 11/28/2007
Proceedings: Notice of Postponement of Deposition (R. Heisenbottle) filed.
PDF:
Date: 11/28/2007
Proceedings: Notice of Postponement of Deposition (J. Bloch) filed.
PDF:
Date: 11/28/2007
Proceedings: Notice of Postponement of Deposition (E. Lewis) filed.
PDF:
Date: 11/26/2007
Proceedings: Petitioners` Cross Notice of Taking Deposition (Mercy Hospital) filed.
PDF:
Date: 11/26/2007
Proceedings: Petitioners` Cross Notice of Taking Deposition ( T. Beck) filed.
PDF:
Date: 11/26/2007
Proceedings: Petitioners` Cross Notice of Taking Deposition (TRG-MH Venture) filed.
PDF:
Date: 11/21/2007
Proceedings: Re-Notice of Taking Deposition filed.
PDF:
Date: 11/21/2007
Proceedings: Third Re-Notice of Taking Deposition filed.
PDF:
Date: 11/21/2007
Proceedings: Re-Notice of Taking Deposition filed.
PDF:
Date: 11/21/2007
Proceedings: Notice of Taking Deposition Dr. J. Thomas Beck filed.
PDF:
Date: 11/21/2007
Proceedings: Third Notice of Taking Deposition filed.
PDF:
Date: 11/21/2007
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 11/20/2007
Proceedings: Amended Third Notice of Taking Deposition filed.
PDF:
Date: 11/20/2007
Proceedings: Third Notice of Taking Deposition filed.
PDF:
Date: 11/20/2007
Proceedings: Notice of Expected Expert Testimony from Subrata Basu filed.
PDF:
Date: 11/20/2007
Proceedings: Notice of Expected Expert Testimony from Arturo A. Sosa filed.
PDF:
Date: 11/16/2007
Proceedings: Respondent`s Response and Objections to Petitioner`s Third Request for Production and Motion for Protective Order filed.
PDF:
Date: 11/16/2007
Proceedings: Respondent`s Response and Objections to Petitioner`s Second Request for Production and Motion for Protective Order filed.
PDF:
Date: 11/13/2007
Proceedings: Notice of Postponement of Deposition filed.
PDF:
Date: 11/13/2007
Proceedings: The Vizcayans` Notice of Rescheduling the Deposition of Intervenor Mercy Hospital, Inc filed.
PDF:
Date: 11/09/2007
Proceedings: The Vizcayans` Notice of Taking the Deposition of Intervenor Mercy Hospital filed.
PDF:
Date: 11/09/2007
Proceedings: Re-Notice of Taking Deposition filed.
PDF:
Date: 11/08/2007
Proceedings: Notice of Postponement of Deposition filed.
PDF:
Date: 11/08/2007
Proceedings: Second Re-Notice of Taking Deposition filed.
PDF:
Date: 11/06/2007
Proceedings: Second Re-Notice of Taking Deposition filed.
PDF:
Date: 11/05/2007
Proceedings: Second Re-notice of Taking Deposition filed.
PDF:
Date: 11/05/2007
Proceedings: Notice of Expected Expert Testimony filed.
PDF:
Date: 11/05/2007
Proceedings: TRG-MH`s Objections and Response to Petitioners` (Grove Isle) Second Request for Production filed.
PDF:
Date: 11/05/2007
Proceedings: Intervenor TRG-MH Venture, Ltd`s Notice of Serving Objections and Responses to the Vizcayans, Inc.`s Second Requests for Production filed.
PDF:
Date: 11/02/2007
Proceedings: Second Re-notice of Taking Video-taped Deposition filed.
PDF:
Date: 11/01/2007
Proceedings: Second Notice of Taking Deposition filed.
PDF:
Date: 11/01/2007
Proceedings: Notice of Unavailability filed.
PDF:
Date: 11/01/2007
Proceedings: Order on Motions to Strike.
PDF:
Date: 11/01/2007
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 11/01/2007
Proceedings: Intervenor TRG-MH Venture, LTD`s Notice of Serving Responses to the Vizcayans` First Request for Admission filed.
PDF:
Date: 10/31/2007
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 10/31/2007
Proceedings: Notice of Taking Continued Deposition filed.
PDF:
Date: 10/31/2007
Proceedings: Mercy Hospital, Inc.`s Response to Vizcayans` First Request for Admissions filed.
PDF:
Date: 10/31/2007
Proceedings: Second Re-Notice of Taking Deposition filed.
PDF:
Date: 10/31/2007
Proceedings: Mercy Hospital, Inc.s Response to the Vizcayans` Second Request for Production filed.
PDF:
Date: 10/31/2007
Proceedings: Mercy Hospital, Inc.`s Response to Petitioner Grove Isle Association`s Second Request for Production filed.
PDF:
Date: 10/31/2007
Proceedings: Mercy Hospital, Inc.`s Response to Petitioner Grove Isle Association`s Second Interrogatories filed.
PDF:
Date: 10/31/2007
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 10/31/2007
Proceedings: Intervenor TRG-MH Venture, LTD`s Notice of Serving Responses and Objections to Petitioners` (Grove Isle) Second Interrogatories filed.
Date: 10/26/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 10/26/2007
Proceedings: City of Miami`s Notice of Filing Responses to Petitioner`s Second Interrogatories to Respondent filed.
PDF:
Date: 10/25/2007
Proceedings: City of Miami`s Response to Vizcayan`s First Requests for Admission filed.
PDF:
Date: 10/24/2007
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 10/24/2007
Proceedings: Intervenor TRG-MH`s Notice of Service of Experts` Curriculum Vitae filed.
PDF:
Date: 10/24/2007
Proceedings: The Vizcayans` Notice of Service of Expert CV`S filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans`s Second Requests for Production to Intervenor TRG-MH Venture, LTD. filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` Second Requests for Production to Intervenor Mercy Hospital, Inc. filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` Second Requests for Production to Intervenor Mercy Hospital, Inc. filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` First Requests for Admission to Respondent City of Miami filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioners` Third Requests for Production to Respondent filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` Second Requests for Production to Intervenor Mercy Hospital, Inc. filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` Second Requests for Production to Intervenor TRG-MH Venture, Ltd filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans`s First Requests for Admission to Intervenor Mercy Hospital, INC. filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` First Request for Admission to Intervenor TRG filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioner`s Second Interrogatories to Respondent filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioners` Second Interrogatories to Intervenor to Mercy Hospital Inc. filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioners` Second Interrogatories to Intervenor filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioners` Second Request for Production to Intervenor Mercy Hospital filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioners` Second Request for Production to City of Miami filed.
PDF:
Date: 10/05/2007
Proceedings: The Vizcayans` First Requests for Admission to Intervenor TRG filed.
PDF:
Date: 10/05/2007
Proceedings: Petitioners` Second Request for Production to City of Miami (filed in Case No. 07-002499GM).
PDF:
Date: 10/01/2007
Proceedings: Scheduling Order.
Date: 09/28/2007
Proceedings: CASE STATUS: Pre-Hearing Conference Held.
PDF:
Date: 09/28/2007
Proceedings: Agreed Motion for a Scheduling Order filed.
PDF:
Date: 09/27/2007
Proceedings: The Vizcayans` Response in Opposition to Intervenor`s Amended Motion to Strike filed.
PDF:
Date: 09/27/2007
Proceedings: Petitioners` Response in Opposition to Intervenor TRG-MH`s and Respondent`s Amended Motion to Strike filed.
PDF:
Date: 09/27/2007
Proceedings: The Vizcayans` Notice of Filing Authority Cited in Response in Opposition to Amended Motion to Strike filed.
PDF:
Date: 09/27/2007
Proceedings: Notice of Telephonic Status Conference filed.
PDF:
Date: 09/25/2007
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH`s Amended Motion to Strike filed.
PDF:
Date: 09/24/2007
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for January 22 through 25, 2008; 9:00 a.m.; Miami, FL).
Date: 09/21/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 09/20/2007
Proceedings: Intervenor TRG-MH`s Amended Motion to Strike filed.
PDF:
Date: 09/18/2007
Proceedings: Order Denying Motions Summary Disposition.
PDF:
Date: 09/17/2007
Proceedings: Notice of Telephonic Status Conference filed.
Date: 09/14/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 09/13/2007
Proceedings: Order Denying Leave to Reply.
PDF:
Date: 09/13/2007
Proceedings: Petitioners` Notice of Adoption of Co-Petitioner`s Notice of Supplemental Authority and Motion for Leave to File Reply filed.
PDF:
Date: 09/12/2007
Proceedings: The Petitioners` Motion for Leave to file a Reply to TRG`s Response in Opposition to Pending Motions for Summary Order filed.
PDF:
Date: 09/11/2007
Proceedings: The Vizcayans` Notice of Filing Supplemental Authority filed.
PDF:
Date: 09/10/2007
Proceedings: Intervenor, Mercy Hospital, Inc.`s Adoption of Intervenor, TRG-MH`s Response in Opposition to Petitioners` Motions for Summary Final Order filed.
PDF:
Date: 09/07/2007
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH Venture LTD`s, Response in Opposition to Petitioners` Motions for Summary Final Order filed.
PDF:
Date: 09/07/2007
Proceedings: TRG-MH Venture Ltd`s Response in Opposition to Petitioners` Motions for Summary Final Order filed.
PDF:
Date: 09/07/2007
Proceedings: The Vizcayans` Notice of Scrivener`s Error and of Filing Supplemental Authority filed.
PDF:
Date: 09/06/2007
Proceedings: Order Staying Discovery.
PDF:
Date: 09/06/2007
Proceedings: Notice of Telephonic Hearing filed.
Date: 09/04/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 08/31/2007
Proceedings: Notice of Hearing filed.
PDF:
Date: 08/30/2007
Proceedings: Petitioners` Grove Isle et al., Motion for Summary Final Ordeer filed.
PDF:
Date: 08/30/2007
Proceedings: The Vizcayans` Motion for a Determination that the Certain Land Use Designations in Miami`s Comprehensive Neighborhood Plan as Well as the Purported Amendment to Miami`s Future Land Use Map are Not in Compliance Florida`s Growth Management Act filed.
PDF:
Date: 08/30/2007
Proceedings: Motion to Intervene and Motion to Stay Discovery Pending Criminal Investigation (Katherine Fernandez Rundle) filed.
PDF:
Date: 08/30/2007
Proceedings: Second Re-Notice of Taking Deposition (2) filed.
PDF:
Date: 08/29/2007
Proceedings: Notice of Taking Continued Deposition filed.
PDF:
Date: 08/29/2007
Proceedings: Second Amended Notice of Taking Deposition (changed only the time) filed.
PDF:
Date: 08/29/2007
Proceedings: Order Denying Motions to Compel.
PDF:
Date: 08/29/2007
Proceedings: Petitioners` Motion to Compel TRG-MH Venture to Appear for Deposition or Dismiss it and Request for an Expedited Hearing filed.
PDF:
Date: 08/28/2007
Proceedings: TRG-MH Venture LTD`s Notice of Compliance with Petitioner, the Vizcayans, Inc.`s First Request for Production filed.
PDF:
Date: 08/28/2007
Proceedings: TRG-MH Venture LTD.`s Notice of Compliance with Petitioner Grove Isle Association, Inc.`s First Set of Interrogatories filed.
PDF:
Date: 08/28/2007
Proceedings: First Amended Notice of Taking Deposition filed.
Date: 08/24/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 08/24/2007
Proceedings: Petitioners` Opposition to Intervenor TRG-MH`s Motion for Appointment of Special Master filed.
PDF:
Date: 08/24/2007
Proceedings: Notice of Production from Petitioner Constance Steen to TRG-MH Venture, Ltd`s First Request for Production filed.
PDF:
Date: 08/24/2007
Proceedings: Petitioners` Opposition to Appointment of a Special Master filed.
PDF:
Date: 08/24/2007
Proceedings: Notice of Telephonic Hearing filed.
PDF:
Date: 08/23/2007
Proceedings: Petitioners` Cross Notice of Taking Deposition filed.
PDF:
Date: 08/23/2007
Proceedings: Return of Service filed.
PDF:
Date: 08/23/2007
Proceedings: Emergency Motion for Appointment of Special Master and for Expedited Hearing filed.
PDF:
Date: 08/23/2007
Proceedings: Petitioner`s Motion to Require the Attendance of Witness Arriola and Cuervo-Schrieber for Deposition filed.
PDF:
Date: 08/23/2007
Proceedings: Petitioners` Motion to Compel Witnesses Arriola and Curervo-Schreiber to Appear for Deposition and Request for an Expedited Hearing filed.
PDF:
Date: 08/21/2007
Proceedings: Cross-Notice of Taking Deposition (J. Arriola) filed.
PDF:
Date: 08/21/2007
Proceedings: Cross-Notice of Taking Deposition (A. Cuervo) filed.
PDF:
Date: 08/21/2007
Proceedings: Intervenor TRG-MH`s Notice of Filing DCA Letter filed.
PDF:
Date: 08/21/2007
Proceedings: Cross-Notice of Taking Deposition filed.
PDF:
Date: 08/21/2007
Proceedings: Cross-Notice of Taking Deposition filed.
PDF:
Date: 08/20/2007
Proceedings: First Amended Notice of Taking Deposition filed.
PDF:
Date: 08/20/2007
Proceedings: Subpoena ad Testificandum filed.
PDF:
Date: 08/20/2007
Proceedings: Second Amended Notice of Taking Deposition filed.
PDF:
Date: 08/20/2007
Proceedings: Petitioners` Notice of Taking Depositions filed.
PDF:
Date: 08/17/2007
Proceedings: Notice of Taking Deposition filed.
PDF:
Date: 08/17/2007
Proceedings: First Amended Notice of Taking Deposition filed.
PDF:
Date: 08/17/2007
Proceedings: Petitioner Constance Steen`s Response to TRG-MH Venture, Ltd`s First Request for Production filed.
Date: 08/16/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 08/16/2007
Proceedings: Cross-Notice of Hearing filed.
PDF:
Date: 08/15/2007
Proceedings: Notice of Hearing (telephone conference August 16, 2007; 3:00 p.m.) filed.
PDF:
Date: 08/14/2007
Proceedings: City of Miami`s Disclosure of Anticipated Fact and Expert Witness filed.
PDF:
Date: 08/13/2007
Proceedings: Petitioner the Vizcayans` Omnibus Motion to Compel Production of Documents from Respondent and Intervenors, and Request for Expedited Hearing filed.
PDF:
Date: 08/10/2007
Proceedings: Intervenor TRG-MH Venture, LTD`s Notice of Serving Objections and Response to Petitioners` (Grove Isle) First Interrogatories filed.
PDF:
Date: 08/10/2007
Proceedings: City of Miami`s Disclosure of Anticipated Fact and Expert Witness filed.
PDF:
Date: 08/10/2007
Proceedings: Petitioners List of Fact and Expert Witnesses.
PDF:
Date: 08/10/2007
Proceedings: Re-Notice of Taking Video-Taped Deposition (2) filed.
PDF:
Date: 08/10/2007
Proceedings: Re-Notice of Taking Deposition (4) filed.
PDF:
Date: 08/10/2007
Proceedings: Mercy Hospital Inc.`s Disclosure of Anticipated Facts and Expert Witnesses filed.
PDF:
Date: 08/10/2007
Proceedings: Mercy Hospital Inc.`s Responses to Petitioners` First Interrogatories to Intervenor Mercy Hospital, Inc. filed.
PDF:
Date: 08/10/2007
Proceedings: The Vizcayans` Fact and Expert Witness List filed.
PDF:
Date: 08/10/2007
Proceedings: First Amended Notice of Taking Deposition filed.
PDF:
Date: 08/10/2007
Proceedings: TRG-MH Venture, Ltd`s Disclosure of Anticipated Fact and Expert Witnesses filed.
PDF:
Date: 08/09/2007
Proceedings: Respondent`s Supplemental Response to Petitioner`s Additional Request for Production filed.
PDF:
Date: 08/09/2007
Proceedings: Respondent`s Notice of Compliance with Petitioner`s Additional Request for Production filed.
PDF:
Date: 08/09/2007
Proceedings: Respondent`s Supplemental Response to Petitioner`s Additional Request for Production filed.
PDF:
Date: 08/09/2007
Proceedings: Respondent`s Notice of Compliance with Petitioner`s Additional Request for Production filed.
PDF:
Date: 08/08/2007
Proceedings: Petitioner`s Second Notice of Supplemental Authority in Support of its Response in Opposition to Intervenor TRG-MH`s Motion to Strike filed.
PDF:
Date: 08/08/2007
Proceedings: First Amended Notice of Taking Deposition filed.
PDF:
Date: 08/08/2007
Proceedings: Notice of Taking Deposition (of City of Miami Corporate Representatives) filed.
PDF:
Date: 08/08/2007
Proceedings: Notice of Taking Deposition (of Mercy Hospital, Inc. Corporate Representative) filed.
PDF:
Date: 08/08/2007
Proceedings: Notice of Taking Deposition (of TRG-MH Venture, Ltd. Corporate Representative) (William Thompson) filed.
PDF:
Date: 08/08/2007
Proceedings: Notice of Taking Deposition (of Arquitectonica Corporate Representative) filed.
PDF:
Date: 08/08/2007
Proceedings: Notice of Taking Deposition (of Fortin, Leavy, Skiles, Inc.) filed.
PDF:
Date: 08/08/2007
Proceedings: Notice of Taking Deposition (of EDAW, Inc.) filed.
PDF:
Date: 08/07/2007
Proceedings: Affidavit of Daniel C. Fortin, Jr. filed.
PDF:
Date: 08/07/2007
Proceedings: Notice of Filing, Affidavit of D. Fortin, Jr. and City of Miami Zoning Code Provisions excerpts from 401 and 2502 filed.
PDF:
Date: 08/07/2007
Proceedings: Intervenor TRG-MH`s Notice of Filing filed.
PDF:
Date: 08/06/2007
Proceedings: Mercy`s Response to Vizcayans` First Requests for Production filed.
PDF:
Date: 08/06/2007
Proceedings: Notice of Appearance (filed by D. Triplett).
PDF:
Date: 08/06/2007
Proceedings: TRG-MH`s Objections and Response to Petitioners` (Grove Isle) First Request for Production filed.
PDF:
Date: 08/06/2007
Proceedings: TRG-MH`s Objections and Response to Vizcayans, Inc.`s First Request for Production filed.
PDF:
Date: 08/03/2007
Proceedings: The Vizcayans, Inc.`s Response to TRG-MH Venture, LTD`s Second Request for Production filed.
PDF:
Date: 08/03/2007
Proceedings: The Vizcayans, Inc.`s Response to TRG-MH Venture, LTD`s First Request for Admission filed.
PDF:
Date: 08/03/2007
Proceedings: Order on Discovery Disputes.
PDF:
Date: 08/03/2007
Proceedings: The Vizcayans Notice of Serving Response to TRG_MH Venture, LTD`s Interrogatories filed.
Date: 08/02/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 08/02/2007
Proceedings: Petitioners` Response to Intervenor TRG-MH`s and Respondent`s Objections to Proposed Deponents and Scope of Depositions filed.
PDF:
Date: 08/02/2007
Proceedings: The Vizcayans` Response in Opposition to Intervenor TRG-MH`s Objections to Proposed Deponents and Scope of Deposition and Motion for Protective Order filed.
PDF:
Date: 08/01/2007
Proceedings: Intervenor TRG-MH`s Response in Opposition to Vizcayans, Inc.`s Motion for Protective Order on Quintero and Blumberg Depositions filed.
PDF:
Date: 08/01/2007
Proceedings: Notice of Filing.
PDF:
Date: 08/01/2007
Proceedings: The Vizcayans` Response in Opposition to the City`s Objections to Proposed Deponents and Scope of Deposition and Motion for Protective Order filed.
PDF:
Date: 08/01/2007
Proceedings: The Vizcayans`s (1) Response in Opposition to the City`s Misnamed "Notice of Compliance with Request for Production and Supplemental Objections to Remaining Requests for Production" and (2) Motion to Compel Better Responses, etc... filed.
PDF:
Date: 08/01/2007
Proceedings: Notice of Hearing filed.
PDF:
Date: 07/31/2007
Proceedings: Respondent`s Amended Objections to Proposed Deponents and Scope of Deposition and Motion for Protective Order filed.
PDF:
Date: 07/31/2007
Proceedings: Respondent`s Objections to Proposed Deponents and Scope of Deposition and Motion for Protective Order filed.
PDF:
Date: 07/31/2007
Proceedings: The Vizcayans, Inc.`s Response to TRG_MH Venture, LTD`s First Request for Production of Documents filed.
PDF:
Date: 07/31/2007
Proceedings: Petitioner the Vizcayans, Inc.`s Motion for Protective Order and for Expedited Hearing Regarding Depositions Proposed by Intervenor TRG-MH Venture, LTD. filed.
PDF:
Date: 07/31/2007
Proceedings: Intervenor TRG-MH`s Objections to Proposed Deponents and Scope of Deposition and Motion for Protective Order filed.
PDF:
Date: 07/27/2007
Proceedings: Petitioners` Response in Opposition to Intervenor TRG-MH`s and Respondent`s Motion to Strike filed.
PDF:
Date: 07/27/2007
Proceedings: Notice of Compliance with Request for Production and Supplemental Objections to Remaining Request for Production filed.
PDF:
Date: 07/27/2007
Proceedings: Notice of Unavailability filed.
PDF:
Date: 07/25/2007
Proceedings: The Vizcayans` Notice of Objections of Depositions and Request for a Scheduling Conference Among the Parties only filed.
PDF:
Date: 07/23/2007
Proceedings: Subpoena ad Testificandum (2) filed.
PDF:
Date: 07/23/2007
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH`s Motion to Dismiss Complaint filed.
PDF:
Date: 07/23/2007
Proceedings: Petitioners` First Request for Production to Intervenor Mercy Hospital Inc. filed.
PDF:
Date: 07/23/2007
Proceedings: Petitioners` First Interrogatories to Intervenor Mercy Hospital Inc. filed.
PDF:
Date: 07/23/2007
Proceedings: Petitioners` First Request for Production to Intervenor TRG-MH Venture, LTD. filed.
PDF:
Date: 07/23/2007
Proceedings: Petitioners` First Interrogatories to Intervenor TRG-MH Venture LTD filed.
PDF:
Date: 07/23/2007
Proceedings: Petitioners` First Request for Production to Respondent filed.
PDF:
Date: 07/23/2007
Proceedings: Petitioner`s Schedule of Deponents filed.
PDF:
Date: 07/20/2007
Proceedings: The Vizcayans` Notice of Depositions to be Taken filed.
PDF:
Date: 07/20/2007
Proceedings: The Vizcayans`s First Request for Production to Intervenor Mercy Hospital, Inc. filed.
PDF:
Date: 07/20/2007
Proceedings: The Vizcayans`s First Request for Production to Intervenor TRG-MH Venture, LTD. filed.
PDF:
Date: 07/20/2007
Proceedings: TRG-MH Venture, Ltd`s First Requests for Admission to the Vizcayans, Inc. filed.
PDF:
Date: 07/20/2007
Proceedings: TRG-MH Venture, Ltd`s Second Request for Production of Documents to the Vizcayans, Inc. filed.
PDF:
Date: 07/20/2007
Proceedings: TRG-MH Venture, Ltd`s Second Request for Production of Documents to Glencoe Neighborhood Association Inc. filed.
PDF:
Date: 07/20/2007
Proceedings: TRG-MH Venture, Ltd`s Second Request for Production of Documents to Grove Isle Association filed.
PDF:
Date: 07/20/2007
Proceedings: TRG-MH Venture, Ltd`s First Request for Production of Documents to Constance Steen filed.
PDF:
Date: 07/20/2007
Proceedings: TRG-MH Venture Ltd`s First Request for Production of Documents to Jason Bloch filed.
PDF:
Date: 07/19/2007
Proceedings: Order Granting Continuance and Re-scheduling Hearing (hearing set for October 1 through 4, 2007; 1:00 p.m.; Miami, FL).
PDF:
Date: 07/18/2007
Proceedings: Notice of Unavailability filed.
PDF:
Date: 07/18/2007
Proceedings: Intervenor TRG-MH`s Notice of Filing filed.
PDF:
Date: 07/18/2007
Proceedings: Letter to DOAH from P. Lipton requesting to remove R. Lipton and the firm of Greenberg Traurig, P.A. from the copies furnished filed.
Date: 07/18/2007
Proceedings: CASE STATUS: Motion Hearing Held.
PDF:
Date: 07/18/2007
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH`s Notice of Filing and Request for Judicial Notice filed.
PDF:
Date: 07/17/2007
Proceedings: Joint Motion for a Scheduling Order filed.
PDF:
Date: 07/17/2007
Proceedings: Petitioner the Vizcayans`s (1) Response in Opposition to Respondent`s Motion for Protective Order and (2) Motion to Compel Respondent to Respond to Petitioner`s First and Second Requests for Production filed.
PDF:
Date: 07/17/2007
Proceedings: Petitioner the Vizcayans`s Response in Opposition to Motion to Stay Proceedings Pending DCA Consideration of Whether Amendment Satisfies Requirements of Section 163.3187(1)(C), Florida Statues filed.
PDF:
Date: 07/16/2007
Proceedings: Notice of Hearing filed.
PDF:
Date: 07/16/2007
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH`s Motion for Partial Summary Order filed.
PDF:
Date: 07/16/2007
Proceedings: Intervenor TRG-MH`s Notice of Filing .
PDF:
Date: 07/13/2007
Proceedings: Motion to Stay Proceeding Pending DCA Consideration of whether Amendment Satisfies Requirements of Section 163.3187(1)(C), Florida Statutes filed.
PDF:
Date: 07/13/2007
Proceedings: Petitioner`s Motion for Protective Order Regarding Depositions Set by Putative Intervenor TRG filed.
PDF:
Date: 07/13/2007
Proceedings: (TRG-MH Venture, Ltd.`s) Motion to Stay Proceeding Pending DCA Consideration of Whether Amendment Satisfies Requirements of Section 163.3187(1)(c), Florida Statutes, filed.
PDF:
Date: 07/13/2007
Proceedings: Order Denying Motions to Dismiss Interventions.
PDF:
Date: 07/13/2007
Proceedings: Petitioner`s Response in Opposition to TRG-MH`s Motion for Protective Order Regarding Depositions Set by Petitioners Vizcayans filed.
PDF:
Date: 07/13/2007
Proceedings: Petitioner`s Response in Opposition to Intervenor TRG-MH`s Motion for Partial Summary Order and Motion for Extension of Time to Serve Response to Motion for Partial Summary Order filed.
PDF:
Date: 07/13/2007
Proceedings: Intervenor TRG-MH`s Notice of Filing and Request for Judicial Notice filed.
PDF:
Date: 07/12/2007
Proceedings: Respondent`s Objections to Petitioner`s First & Second Requests for Production and Motion for Protective Order filed.
PDF:
Date: 07/12/2007
Proceedings: City of Miami`s Adoption of Intervenor, TRG-MH Venture LTD`s, Motion to Strike filed.
PDF:
Date: 07/11/2007
Proceedings: Order Dropping Parties.
PDF:
Date: 07/11/2007
Proceedings: Petitioner`s Notice of Supplemental Authority in Support of its Response in Opposition to Intervenor TRG-MH`s Motion to Strike filed.
PDF:
Date: 07/11/2007
Proceedings: Intervenor TRG-MH`s Motion for Protective Order regarding Depositions Set by Petitioners Vizcayans filed.
PDF:
Date: 07/09/2007
Proceedings: Co-Petitioners` Alvah H. and Betty B. Chapman`s Motion to be Dismissed from Proceeding against Respondent City of Miami filed.
PDF:
Date: 07/09/2007
Proceedings: Petitioners` Response in Opposition to Intervenor TRG-MH`s Motion to Strike filed.
PDF:
Date: 07/09/2007
Proceedings: Intervenor TRG-MH`s Motion for Partial Summary Order filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, Mercy Hospital, Inc. filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, L. Slazyk filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, T. Fernandez filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, W. Thompson filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, City of Miami Corporate Representative filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, R. Lavernia filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, TRG-MH Venture, LTD Corporate Representative filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, J. Perez filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, A. Cuervo filed.
PDF:
Date: 07/06/2007
Proceedings: Notice of Taking Deposition, A. Gelabert filed.
PDF:
Date: 07/05/2007
Proceedings: TRG-MH Venture, LTD`s Notice of Service of Interrogatories to Petitioners Glencoe filed.
PDF:
Date: 07/05/2007
Proceedings: TRG-MH Venture, LTD`s Notice of Service of Interrogatories to Petitioners Grove Isle Association filed.
PDF:
Date: 07/05/2007
Proceedings: TRG-MH Venture, LTD`s Notice of Service of Interrogatories to Petitioners The Vizcayans, Inc. filed.
PDF:
Date: 07/03/2007
Proceedings: Intervenor TRG-MH`s Motion to Strike filed.
PDF:
Date: 07/03/2007
Proceedings: Petitioner`s Response in Opposition to Motions for Continuance filed by City of Miami Hospital filed.
PDF:
Date: 07/02/2007
Proceedings: Notice of Taking Deposition (of A. Parks) filed.
PDF:
Date: 07/02/2007
Proceedings: Notice of Taking Deposition (of L. Summers) filed.
PDF:
Date: 07/02/2007
Proceedings: Notice of Taking Deposition (of M. Blumberg) filed.
PDF:
Date: 07/02/2007
Proceedings: City`s Motion for Continuance and Motion for Status Conference filed.
PDF:
Date: 06/29/2007
Proceedings: Motion for Continuance and Motion for Status Conference filed.
PDF:
Date: 06/29/2007
Proceedings: Petitioners` Second Requests for Production to Respondent filed.
PDF:
Date: 06/29/2007
Proceedings: Petitioners` Response in Opposition to Mercy Hospital, Inc.`s Petition to Intervene and Motion to Reconsider/Dismiss the June 27, 2007 Order Granting Leave to Intervene filed.
PDF:
Date: 06/29/2007
Proceedings: Corrected Notice of Taking Deposition, C. Steen filed.
PDF:
Date: 06/29/2007
Proceedings: TRG-MH Venture, LTD`s First Request for Production of Documents to Grove Isle Association filed.
PDF:
Date: 06/29/2007
Proceedings: TRG-MH Venture, LTD`s First Reqest for Production of Documents to Glencoe Neighborhood Association, Inc. filed.
PDF:
Date: 06/29/2007
Proceedings: TRG-MH Venture, LTD`s First Request for Production of Documents to the Vizcayans, Inc. filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition, J. Hoffman filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of N. Quintero) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of E. Lewis) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of G. Burgess) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of A. Chapman, Jr.) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply witht he Americans with Disabilities Act) (of Person with the Most Knowledge Grove Isle Association c/o John Lukacs, Esq.) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of J. Bloch) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is counsel for Intervenor and to comply with the Americans Disabilities Act) (of J. Hinson) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is counsel for Intervenor and to comply with the Americans with Disabilities Act) (of Person with the Most Knowledge Glencoe Neighborhood Association) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of C. Jones) filed.
PDF:
Date: 06/28/2007
Proceedings: Corrected Notice of Taking Deposition (Corrected to reflect that Shubin & Bass is Counsel for Intervenor and to comply with the Americans with Disabilities Act) (of B. Chapman) filed.
PDF:
Date: 06/28/2007
Proceedings: Amended Notice of Taking Deposition (Time Change) (of J. Bloch) filed.
PDF:
Date: 06/28/2007
Proceedings: Petitioners` Response in Opposition to TRG-MH Venture, LTD.`s Motion for Continuance and Motion for Status Conference filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of Person with the Most Knowledge Glencoe Neighborhood Association) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of C. Steen) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of J. Bloch) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of E. Lewis) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of Person with the Most Knowledge Grove Isle Association c/o J. Lukacs, Esq.) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of B. Chapman) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of G. Burgess) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of J. Hinson) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of C. Jones) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of A. Chapman, Jr.) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of J. Hoffman) filed.
PDF:
Date: 06/28/2007
Proceedings: Notice of Taking Deposition (of N. Quintero) filed.
PDF:
Date: 06/28/2007
Proceedings: Motion for Continuance and Motion for Status Conference filed.
PDF:
Date: 06/27/2007
Proceedings: Co-Petitioner Cathy L. Jones Motion to be Dismissed from Proceeding Against Respondent City of Miami filed.
PDF:
Date: 06/27/2007
Proceedings: Petitioner`s First Interrogatories to Plaintiff filed.
PDF:
Date: 06/27/2007
Proceedings: Order Granting Leave to Intervene (Mercy Hospital Inc.).
PDF:
Date: 06/27/2007
Proceedings: Mercy Hospital Inc.`s Petition to Intervene (filed in Case No. 07-002499GM).
PDF:
Date: 06/27/2007
Proceedings: Mercy Hospital Inc.`s Petition to Intervene filed.
PDF:
Date: 06/27/2007
Proceedings: Notice of Appearance (filed by L. Fishman in Case No. 07-2499GM).
PDF:
Date: 06/27/2007
Proceedings: Notice of Appearance (filed by L. Fishman).
PDF:
Date: 06/26/2007
Proceedings: Petitioners` First Requests for Production to Respondent filed.
PDF:
Date: 06/26/2007
Proceedings: Order of Pre-hearing Instructions.
PDF:
Date: 06/26/2007
Proceedings: Notice of Hearing (hearing set for July 31 through August 2, 2007; 9:00 a.m.; Miami, FL).
PDF:
Date: 06/26/2007
Proceedings: Notice of Appearance (filed by H. Allen, II in Case No. 07-2499GM).
PDF:
Date: 06/26/2007
Proceedings: Notice of Appearance (filed by H. Allen, II).
PDF:
Date: 06/25/2007
Proceedings: Petitioners` (1) Opposition to TRG`s Motion for Leave to File Reply and (2) Motion to Strike TRG`s Unauthorized Reply filed.
PDF:
Date: 06/25/2007
Proceedings: Motion for Leave to File Reply to Petitioners` Opposition and Objection to TRG-MH`s Petition to Intervene filed.
PDF:
Date: 06/22/2007
Proceedings: TRG-MH`s Reply to Petitioners` Opposition and Objection to TRG-MH`s Petition to Intervene filed.
PDF:
Date: 06/22/2007
Proceedings: Notice of Appearance (filed by J. Shubin, J. Bass, and L. Hofmann).
PDF:
Date: 06/20/2007
Proceedings: Notice of Appearance (filed by S. Darmody).
PDF:
Date: 06/19/2007
Proceedings: Petitioners` Response in Opposition to TRG-MH Venture, LTD.`s Petition to Intervene and Motion to Reconsider/Dismiss the June 14, 2007, Order Granting Leave to Intervene filed.
PDF:
Date: 06/19/2007
Proceedings: Petitioners` Objection to Motion to Intervene (Grove Isle Association, Inc,) filed.
PDF:
Date: 06/14/2007
Proceedings: Order Granting Leave to Intervene (TRG-MH Venture, LTD).
PDF:
Date: 06/14/2007
Proceedings: Notice of Appearance (filed by R. Suarez-Rivas).
PDF:
Date: 06/13/2007
Proceedings: Order Consolidating Cases (DOAH Case Nos. 07-2498GM and 07-2499GM).
PDF:
Date: 06/13/2007
Proceedings: Petitioners` Compliance with Intitial Order filed.
PDF:
Date: 06/13/2007
Proceedings: TRG-MH Venture, Ltd`s Petition to Intervene filed.
PDF:
Date: 06/12/2007
Proceedings: Joint Response to Initial Order filed.
PDF:
Date: 06/12/2007
Proceedings: Notice of Appearance (filed by D. Payne).
PDF:
Date: 06/12/2007
Proceedings: Notice of Appearance (filed by D. Rogers).
PDF:
Date: 06/05/2007
Proceedings: Initial Order.
PDF:
Date: 06/04/2007
Proceedings: Petition Challenging Compliance of a Small-Scale Comprehensive Plan Amendment with the Florida Growth Management Act filed.

Case Information

Judge:
J. LAWRENCE JOHNSTON
Date Filed:
06/04/2007
Date Assignment:
06/05/2007
Last Docket Entry:
02/22/2010
Location:
Miami, Florida
District:
Southern
Agency:
ADOPTED IN TOTO
Suffix:
GM
 

Counsels

Related DOAH Cases(s) (2):

Related Florida Statute(s) (5):

Related Florida Rule(s) (1):