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[00:00:02]

PLEASE STAND BY.

WE ARE GOING ON AIR IN 5, 4, 3, 2, 1.

GOOD AFTERNOON AND WELCOME TO TODAY'S MEETING OF THE LAND USE AND SUSTAINABILITY COMMITTEE.

UH, TODAY'S MEETING OF THE COMMITTEE WILL BE CONDUCTED IN A HYBRID FORMAT WITH MEMBERS OF THE COMMITTEE FISCALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL AND STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR V VIRTUALLY VIA ZOOM.

TO PARTICIPATE VIRTUALLY MEMBERS OF THE PUBLIC MAY DIAL 8 8 8 4 7 5 4 4 9 9 AND ENTER THE WEBINAR ID, WHICH IS 8 5 0 5 9 9 2 3 0 3 7 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 5 0 5 9 9 2 3 0 3 7.

ANYONE WISHING TO SPEAK ON AN ITEM? MUST CLICK THE RAISE HAND ICON ON THE ZOOM APP OR DIAL STAR NINE IF PARTICIPATING BY PHONE.

WITH THAT, I'M GONNA RECOGNIZE OUR CITY ATTORNEY TO ESTABLISH QUORUM.

UH, THANK YOU MR. CHAIRMAN.

I'LL, I'LL DO A ROLL CALL.

COMMISSIONER DOMINGUEZ PRESENT.

COMMISSIONER SUAREZ HERE, VICE CHAIR BOHA AYE.

AND CHAIRMAN FERNANDEZ PRESENT, A QUORUM IS PRESENT.

THANK YOU.

AND I WANT TO, UH, THANK OUR COLLEAGUE, COMMISSIONER JOSEPH MAGAZINE FOR JOINING US AS WELL, EVEN THOUGH HE'S NOT A MEMBER OF THE COMMITTEE.

AND I ALSO WANNA WELCOME OUR INTERIM ASSISTANT CITY MANAGER, DAVID MARTINEZ, WHO TOGETHER WITH, UH, OUR PLANNING DIRECTOR TOM MOONEY, WILL BE SERVING AS LIAISONS TO, TO THIS COMMITTEE.

WELCOME, MR. ASSISTANT CITY MANAGER AND, UM, MR. PLANNING DIRECTOR.

DO WE HAVE ANY CHANGES FOR TODAY'S AGENDA? UH, YES, MR. CHAIR.

UM, ITEM NUMBER ONE, A DISCUSSION REGARDING THE I 3 95 MACARTHUR CAUSEWAY HAS BEEN DEFERRED TO A FUTURE MEETING AND WILL NOT BE DISCUSSED TODAY.

AND ITEM NUMBER 19, UM, REGARDING POTENTIAL AMENDMENTS TO THE LDRS AND THE COMPREHENSIVE PLAN FOR ALLOWABLE USES AND DEVELOPMENT REGULATIONS WITHIN THE 40TH STREET SINGLE FAMILY OVERLAY HAS BEEN DEFERRED TO THE OCTOBER 10TH MEETING.

ADDITIONALLY, UM, ITEM NUMBER 11 REGARDING RETAINING WALL SETBACKS AND REQUIREMENTS IN SINGLE FAMILY DISTRICTS HAS BEEN WITHDRAWN BY THE ITEM SPONSOR.

WHICH ITEM? ITEM NUMBER 11, 11 AND 15.

AND ITEM NUMBER 15, WHICH IS A REVIEW AND IF NECESSARY, AMEND PARKING REQUIREMENTS APPLICABLE TO DISTRICTS WHERE LIVE LOCAL PROJECTS ARE PERMITTED, HAS ALSO BEEN WITHDRAWN BY THE SPONSOR.

WILL NOT BE HEARD TODAY WITH THAT, WITH THE CHANGES ON THE AGENDA SET ON THE RECORD BY THE PLANNING DIRECTOR WITH A DEFERRAL OF ITEM NUMBER ONE AND 19, AND THE WITHDRAWAL OF ITEMS NUMBER 11 AND 15 IS ZERO MOTION TO SET THE AGENDA MOTION.

IT'S BEEN SECONDED BY THE CHAIR, BY ACCLAMATION.

THE ITEM, UH, IS, UH, THE, THE, THE AGENDA IS SAID.

I'M GONNA FOLLOW THE AGENDA AS PRINTED.

WE'RE GONNA TAKE ITEMS THREE AND FOUR TOGETHER BECAUSE THEY BOTH RELATE TO, UM, LINCOLN ROAD.

[2. RESIDENTIAL USE INCENTIVES - LDR AND COMPREHENSIVE PLAN AMENDMENTS]

AND WE'LL START WITH ITEM NUMBER TWO.

IF YOU COULD INTRODUCE THE, THE ITEM, MR. DIRECTOR, AND THEN I'LL RECOGNIZE COMMISSIONER DOMINGUEZ TO PRESENT ON HER ITEM.

SURE.

UM, THIS IS AN ITEM PERTAINING TO RESIDENTIAL USE INCENTIVES FOR LDR IN COMPREHENSIVE PLAN AMENDMENTS.

THANK YOU.

UH, COMMISSIONER DOMINGUEZ, THIS IS YOUR ITEM.

UH, THANK YOU.

UM, THIS ITEM WAS HEARD AT THE LAST COMMISSION MEETING.

I'LL ACTUALLY LET TOM, UH, TEE UP THE DETAILS.

OKAY.

UM, THANK YOU COMMISSIONER DOMINGUEZ.

UM, AS COMMISSIONER DOMINGUEZ MENTIONED, THIS PARTICULAR ITEM, WHICH HAS ALREADY BEEN TRANSMITTED BY THE PLANNING BOARD WITH A FAVORABLE RECOMMENDATION, UM, WAS APPROVED AT FIRST READING ON JULY 24TH, 2024.

AND THE PROPOSAL INCLUDES BOTH AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS AS WELL AS AMENDMENTS TO THE COMPREHENSIVE PLAN.

AND IT CREATES INCENTIVE AREAS FOR NON-TRANSIENT RESIDENTIAL USES.

AND THESE THREE AREAS INCLUDE THE MID BEACH RM TWO RM THREE AREAS, WHICH IS ROUGHLY FROM AROUND 40TH STREET TO APPROXIMATELY 63RD STREET ALONG COLLINS AVENUE, AS WELL AS THE, UH, WEST AVENUE BAYFRONT OVERLAY AREA.

AND THEN THE SOUTH BEACH RRP S FOUR DISTRICT AND THE RPS FOUR DISTRICT ARE THE OCEAN FRONT PROPERTIES THAT GO FROM SOUTH POINT DRIVE TO FIFTH STREET.

WITHIN THESE AREAS, THERE ARE VERY MODEST INCREASES IN BOTH HEIGHT AND FAR PROPOSED IN THE INCENTIVE AREAS.

FOR THE RM TWO DISTRICT, THE MAXIMUM FAR WOULD BE INCREASED FROM TWO TO 2.3.

UM, AND WITHIN THE RM THREE AREAS, DEPENDING ON LOT SIZE, IT WOULD GO FROM 2.25 TO 2.6, AND FROM 2.75 TO 3.2 AND FROM 3.0 TO 3.5.

UM, AND THEN LASTLY, WITHIN THE RRP S FOUR DISTRICT, UM, THE MAXIMUM FAR WOULD BE INCREASED FROM 2.0 TO 2.25

[00:05:01]

WITHIN THE BAYFRONT OVERLAY, WHICH IS APPLICABLE TO PROPERTIES IN THE RM ONE AND RM TWO DISTRICTS.

IN THE RM TWO DISTRICTS, THE MAXIMUM INCREASE WOULD GO FROM 2.0 TO 2.5, AND IN THE RM ONE DISTRICTS IT WOULD GO FROM 1.25 TO 1.6 WITHIN THE WEST AVENUE BAYFRONT OVER AREA AR AREA.

HOWEVER, THE ELIGIBLE PROPERTIES ARE LIMITED TO THOSE EXISTING PROPERTIES THAT CONSIST OF, UH, NON-CONFORMING, UH, OR LEGAL CONFORMING TRANSIENT USE.

AND IF THEY AGREE TO VOLUNTARILY CONVERT THAT TO A NON-TRANSIENT USE, THEY COULD AVAIL THEMSELVES OF THAT HIGHER FAR.

UM, WHEN THIS PARTICULAR ORDINANCE WAS APPROVED AT FIRST READING, UH, BECAUSE SECOND READING WAS SET FOR OCTOBER 30TH, UM, IN LINE WITH OUR ZONING CYCLES THAT HAVE BEEN ADOPTED FOR 2024, UM, THE CITY COMMISSION RE-REFERRED THE ITEM TO THE LAND USE COMMITTEE FOR ADDITIONAL DISCUSSION PRIOR TO SECOND READING ON OCTOBER 30TH.

THE ADMINISTRATION IS SUPPORTIVE OF THIS ORDINANCE AND WE WOULD RECOMMEND THAT THE LAND USE COMMITTEE, UH, PROVIDE A FAVORABLE RECOMMENDATION TO THE CITY COMMISSION FOR SECOND READING ON OCTOBER 30TH.

COMMISSIONER DOMINGUEZ, THANK YOU.

UH, SO THE INTENT OF THIS ITEM IS TO INCENTIVIZE, UH, RENTALS HOTELS, UM, TO CONVERT FROM TRANSIENT USE TO MORE RESIDENTIAL HOUSING.

AND I SPENT A LOT OF TIME WITH, UH, THE PLANNING DEPARTMENT ON THIS, AND IT HAS GONE TO THE PLANNING BOARD.

THEY WERE SUPPORTIVE OF IT.

I'M VERY GRATEFUL THAT TWO OF MY COLLEAGUES, DAVID SUAREZ AND COMMISSIONER JOSEPH MAGAZINE, WERE ALSO CO-SPONSORS TO THIS ITEM.

AND, UH, I'D LIKE TO SEE IT MOVE FORWARD AND ALLOW MY COLLEAGUES TO SAY ANYTHING THAT THEY WOULD LIKE TO ON THIS.

IS THAT A MOTION ON THE ITEM? YES.

AND I'LL SECOND IT.

COMMISSIONER SU SUAREZ, YOU'RE RECOGNIZED.

I THINK IT'S A GREAT IDEA AND I'M, I'M IN FAVOR AND I'LL JUST PUT ON, ON, ON THE RECORD THAT OVER OVER THE PAST TWO DECADES, WE'VE SEEN A LOSS OF I THINK 7,600 RESIDENTS IN OUR CITY, WHICH HAS BEEN A TREND THAT WE'VE PROGRESSIVELY BEEN SEEING.

AND WITH THIS VERY GOOD POLICY THAT YOU'VE PUT IN PLACE, COMMISSIONER DOMINGUEZ, UM, HOPEFULLY IT MAKES ITS WAY, UH, TO, TO THE CITY COMMISSION.

WE COULD SEE MR. PLANNING DIRECTOR, CORRECT ME IF I'M WRONG, UP TO POTENTIALLY MAYBE UP TO 180 UNITS APPROXIMATELY COMING OUT OF THIS THAT OTHERWISE WOULD BE TRANSIENT UNITS, BUT WE NOW ARE PROVIDING INVENTORY TO RESTORE THAT FULL-TIME POPULATION THAT WE'VE BEEN LOSING IN OUR COMMUNITY.

THAT'S CORRECT.

VERY GOOD JOB.

C COMMISSIONER, DO DOMINGUEZ, IT'S BEEN MOVED BY COMMISSIONER DOMINGUEZ SECOND BY THE CHAIR.

ANY FURTHER QUESTIONS? COMMISSIONER BOT? UM, I AM GOING TO BE SUPPORTIVE OF THIS ALSO, BUT I DO HAVE A COUPLE OF QUESTIONS.

SO, UM, MR. PLANNING DIRECTOR, IF YOU COULD, UM, IS THERE ANY WAY, YOU KNOW, THERE'S ONE PROJECT THAT'S IN THE WORKS, UM, AND I WAS HAVING CONVERSATION WITH THE DEVELOPER AND THEY WERE SAYING, WELL, YOU KNOW, WE GOT THIS BONUS FAR BUT TO, UM, AVAIL OURSELVES OF IT, WE HAVE TO GO UP HIGHER.

SO HOW DO WE MANAGE THAT IN WITH THIS IN, UH, REVISION, THE PROPOSED ORDINANCE, IN ADDITION TO THE FAR INCREASE, INCLUDES A CORRESPONDING HEIGHT INCREASE TO ACCOMMODATE THAT ADDITIONAL FAR.

SO IF SOMEBODY WOULD LIKE TO AVAIL THEMSELVES OF THIS WITH A HEIGHT INCREASE, WE DON'T SEE ANY ISSUES WITH SOMEBODY BEING ABLE TO AVAIL THEMSELVES.

SO THE OLD, UM, THING THAT WE'VE HEARD AS RESIDENTS SO OFTEN OF YEAH, YEAH, YEAH, WE'RE GONNA DO IT, AND THEN HALFWAY THROUGH THE DEVELOPMENT PROCESS OF LIKE, OOPS, SORRY, WE DID THE MATH WRONG.

WE NEED MORE FROM THE CITY.

THIS SHOULD HEAD THAT OFF THE PAST.

WE BELIEVE SO, YES.

OKAY.

AND THEN, UM, THE OTHER THING IS THAT, UM, AFFORDABLE, UH, UH, NEW NON-TRANSIENT HOUSING IS ALWAYS WELCOME FOR SURE, BUT IS THIS, I DIDN'T SEE ANYTHING IN HERE ABOUT, UM, MAKING IT HOUSING FOR THE MISSING MIDDLE VERSUS MAKING IT HOUSING FOR THE TOP 1% OR WHATEVER.

THIS PARTICULAR LEGISLATION, BECAUSE THE INCREASES ARE SO MODEST, DOES NOT INCLUDE A PROVISION FOR, UM, MANDATING A, UM, CERTAIN SECTOR OF HOUSING.

SO SOMEBODY COULD DO POTENTIALLY ATTAINABLE HOUSING, BUT IT WOULD ALSO ENABLE PEOPLE TO DO LUXURY HOUSING IF, IF THAT'S WHAT THEY DESIRED.

OKAY.

AND I HAVE AN ITEM COMMISSIONER BOND ON, ON THE AGENDA FOR THE SEPTEMBER 11TH CITY COMMISSION MEETING, WHICH IS A REFERRAL TO THIS COMMITTEE TO DISCUSS, UH, MORE OVER OVERARCHING POLICIES THAT WE COULD ADOPT TO ADDRESS SPECIFICALLY THAT MIDDLE MARKET, THAT MISSING MIDDLE THAT MIGHT NOT QUALIFY FOR, FOR EXAMPLE, WORKFORCE HOUSING, UH, PROGRAMS AND CAN'T AFFORD LUXURY INVENTORY THAT WE HAVE SO MUCH OF.

AND HOW DO WE INCENTIVIZE, UH, THAT, THAT, UM, THAT

[00:10:01]

HOUSING FOR THE MIDDLE MARKET.

THAT'S FORGOT ENOUGH.

THANK YOU FOR YOUR COMMENTS.

ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? IF YOU'RE ON ZOOM, FEEL FREE TO, TO RAISE YOUR HAND IN ZOOM.

IF YOU'RE IN PERSON, PLEASE FEEL FREE TO COME TO THE PODIUM.

OKAY, WELCOME.

THANK YOU.

HI, COMMISSIONER DANIEL SERATO WITH MIAMI DESIGN PRESERVATION LEAGUE.

UM, I HAVEN'T REALLY LOOKED IN DEPTH AT THE ORDINANCE BECAUSE LIKE, JUST, IT HASN'T REALLY CROSSED OUR OUR TABLE YET, BUT JUST IN LOOKING AT SOME OF THE HEIGHTS, IT LOOKS LIKE POSSIBLY GOING UP TO 150 FEET INSTEAD OF 50.

IS THAT CORRECT? AND IF THAT'S THE CASE, ARE WE GONNA HAVE ANY MASSING STUDIES BEFORE WE APPROVE THIS KIND OF LARGE, UH, INCREASE IN HEIGHTS ON LINCOLN ROAD? UM, BECAUSE I THOUGHT THAT WAS PART OF THE PLANNING.

THIS IS, UH, THIS IS ITEM NUMBER THREE.

YEAH, I'M SORRY, ITEM NUMBER TWO.

ITEM NUMBER TWO.

WELL, IT SAYS THREE ON THE TEAM.

YES.

NO, I THINK, UH, ON, ON THE SCREEN THEY HAVE PLACED THE WRONG ITEM.

THERE WE GO.

ITEM NUMBER TWO, I'LL WAIT FOR THAT.

YES, YES.

SO THIS ITEM RE RELATES TO, UH, IN MID BEACH TO THE ARM THREE ZONING DISTRICT ON THE WEST AVENUE OVERLAY, MID BEACH, ARM TWO, AND THE RPS FOUR AREAS SOUTH OF FIFTH.

I SEE MITCH NOVIK HAS IT HAND RAISED ON ZOOM.

WELCOME, MITCH, YOU HAVE TWO MINUTES TO SPEAK.

HEY, WELCOME BACK.

E EVERYBODY.

MITCH NOVIK.

UH, I, I WOULD ARGUE, AND I'VE ALWAYS ARGUED THAT THE EXODUS FROM OUR CITY HAS TO DO WITH THREE THINGS.

UH, DIMINISHED PUBLIC SAFETY, DIMINISHED QUALITY OF LIFE.

BUT MOREOVER, OUR BILLION DOLLAR PLUS BUDGET HAS MADE MIAMI BEACH UNAFFORDABLE TO THE MIDDLE.

AND, AND, AND THOSE, UH, UH, THAT, THAT INCLUDES OUR SERVICE INDUSTRY, UM, PERTURBED BY FAR INCREASES DECIDED BY THE COMMISSION.

I'VE ALWAYS STATED, I BELIEVE, UH, THESE INCREASES LIKE VACATIONS OF THE HOUR COULD BE DECIDED BY THE ELECTORATE, BUT I AM IN FAVOR OF INCENTIVIZING RESIDENTIAL HOUSING, UH, ESPECIALLY ALONG WASHINGTON AVENUE WHERE WE'VE APPROVED HOTELS, HOTEL USE, AND, UH, THE TWO HOTELS HAVE BECOME PROBLEMATIC TO RESIDENTS WITHIN THE COMMUNITY.

THANK YOU.

THANK YOU, MITCH.

ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE, I I WILL CLOSE THE PUBLIC, UH, OPPORTUNITY TO BE HEARD.

SEEING NO FURTHER COMMENTS FROM THE DAYS.

CAN WE SHOW THIS ITEM ADOPTED BY ACCLAMATION? THANK YOU COLLEAGUES.

THIS ITEM IS, IS, IS ADOPTED.

LET'S GO AHEAD AND, UH,

[3. LDR AMENDMENT TO INCENTIVIZE RESIDENTIAL USES ON LINCOLN ROAD]

[4. DISCUSS A PROPOSAL TO REVITALIZE THE 200-300 BLOCKS OF LINCOLN ROAD (BETWEEN WASHINGTON AVENUE AND COLLINS AVENUE), INCLUDING PEDESTRIANIZATION OF THE CORRIDOR, OTHER STREETSCAPE IMPROVEMENTS, AND AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS]

CALL UPON ITEMS NUMBER THREE AND FOUR, AND I'M GONNA TAKE THEM TOGETHER JUST BECAUSE THEY BOTH RELATE TO LINCOLN ROAD.

THEY'RE VERY SIMILAR ITEMS WITH SIMILAR PURPOSES.

SO WITH THAT, UM, MR. PLANNING DIRECTOR, WE COULD INTRODUCE THE ITEMS. SURE.

I'LL GO AHEAD AND READ BOTH.

AND TO THE RECORD, MR. CHAIR, ITEM NUMBER THREE IS LDR AMENDMENT TO INCENTIVIZE RESIDENTIAL USES ALONG LINCOLN ROAD.

AND ITEM NUMBER FOUR IS TO DISCUSS A PROPOSAL TO REVITALIZE THE TWO TO 300, 200 TO 300 BLOCKS OF LINCOLN ROAD BETWEEN WASHINGTON AVENUE AND COLLINS AVENUE, INCLUDING PEDESTRIANIZATION OF THE CORRIDOR, OTHER STREETS, SCAPE IMPROVEMENTS AND AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS.

THANK YOU, MR. PENI, DIRECTOR.

AND, UM, AND I WANT TO COMMEND COMMISSIONER SUAREZ, UH, FOR, FOR, FOR WORKING ON THIS, AND I'M PROUD TO HAVE MY OWN ITEM ON THIS.

UM, COMMISSIONER SUAREZ IS TACKLING THE WEST SIDE OF LINCOLN ROAD.

I'M TACKLING, UH, LONG BEEN TACKLING THE EAST SIDE OF, OF LINCOLN ROAD.

AND GRATEFUL TO, UM, COMMISSIONER, UM, UM, MAGAZINE AS WELL FOR, UH, FOR, FOR WORKING ON THIS.

YOU KNOW, WE HAVE AN ECONOMY TO SUSTAIN ON LINCOLN ROAD, AND WE ALSO HAVE THE ECONOMY OF OUR RESIDENTS WHO ARE BEING PUSHED OUT OF OUR CITY DUE TO THE LACK OF, UH, OF INVENTORY, UH, THAT CAN SERVE THEM.

AND, UH, AND THAT'S THE GOAL HERE.

THE GOAL HERE IS TO, IS TO CREATE HOUSING OPPORTUNITIES FOR THOSE WHO ARE BEING PUSHED OUT TO BRICKELL, TO DOWNTOWN, TO OTHER PARTS OF MIAMI-DADE COUNTY, BECAUSE THEY CAN NO LONGER FIND THAT ATTAINABLE HOUSING THAT ONCE EXISTED IN, IN MIAMI BEACH, AND THEY'RE AT A LOSS.

UM, AND OUR BUSINESSES SUFFER BY CONSEQUENCE BECAUSE THERE'S NOT THAT FULL-TIME RESIDENCY TO SUPPORT THE, THE, THE ECOSYSTEM OF OUR ECONOMY.

UH, ESPECIALLY WHEN, UH, LIKE IN THE SUMMER WHEN, WHEN WE DON'T HAVE HIGH, UH, AMOUNTS OF TOURISTS IN OUR CITY.

I'LL RECOGNIZE MY COLLEAGUE, COMMISSIONER SU SUAREZ TO PRESENT THIS ITEM.

THANK

[00:15:01]

YOU.

THANK YOU, MR. CHAIR.

THANK YOU.

UM, YEAH, LOOK, YOU KNOW, NOT TO BELABOR WHAT YOU MENTIONED, WE, WE DO HAVE A AFFORDABLE HOUSING ISSUE IN MIAMI BEACH, AND A LOT OF OUR RESIDENTS ARE GETTING PRICED OUT OF, UH, OF, OF THE MARKET.

AND WHAT A BETTER LOCATION TO HAVE A PEDESTRIAN ECOSYSTEM OF RESIDENTIAL USE THAN LINCOLN ROAD.

UM, YOU HAVE TRADER JOE'S ON THE WEST SIDE, YOU HAVE THE BEACH ON ON THE OTHER, UH, IT'S THE PERFECT ECOSYSTEM FOR A REVITALIZATION OF LINCOLN ROAD, AND YOU HAVE MIXED USE, UH, UM, BUSINESSES ON THE BOTTOM.

AND SO THE INTENT HERE IS TO REALLY GIVE IN THE NEXT COUPLE DECADES LIFE TO LINCOLN ROAD THAT'S NOT JUST TRANSITORY OR, OR CYCLICAL IN NATURE.

UH, IT SHOULD BE BOOMING ALL, ALL THE TIME.

UM, AND THEN LET ME, UH, LET ME PASS IT OVER TO TOM TO GIVE OUT SOME OF THE FINER DETAILS OF, UH, OF WHAT WE, OF WHAT WE WORKED OUT.

AND, UH, BEFORE I START, MR. CHAIR, DO YOU WANT ME TO GO AHEAD AND BRIEFLY EXPLAIN, UH, BOTH, UH, THE ORDINANCES FOR ITEM THREE AND ADAM ITEM FOUR? 'CAUSE THEY'RE SEPARATE.

YEAH, SURE.

OKAY, SURE.

AND I'LL RELATES TO LINCOLN ROAD, UM, ITEM NUMBER FOUR ON THE EAST END OF LINCOLN ROAD.

IT IS, IT IS A LITTLE BIT MORE ENCOMPASSING BECAUSE IT, IT ALSO INVOLVES THE PEDESTRIANIZATION AND THAT FUTURE VISION FOR, FOR THE EAST END OF LINCOLN ROAD, BUT LET'S TAKE THEM TOGETHER PLEASE.

OKAY.

UM, AS, UM, YOU MAY NOTE, UH, WHAT WE DID WAS WE CREATED TWO SEPARATE ORDINANCES.

ONE THAT'S SPECIFIC TO WHAT WE WOULD CALL THE EAST SIDE OF LINCOLN ROAD, WHICH IS THE AREA BETWEEN, UM, DREXEL AVENUE AND COLLINS AVENUE.

AND THE REASON THAT WE USED DREXEL AVENUE AS A DEMARCATION POINT WAS BECAUSE THAT'S PART OF A PREVIOUSLY DESIGNATED CITY CENTER AREA THAT ALREADY HAD A SLIGHTLY HIGHER FAR AND SLIGHTLY HIGHER HEIGHT.

UH, ALSO IT INCLUDES THE WASHINGTON AVENUE CORRIDOR, WHICH IS PART OF A SEPARATE RESIDENTIAL USE INCENTIVE ORDINANCE THAT IS CURRENTLY PENDING BEFORE THE PLANNING BOARD.

UM, AS NOTED IN THE ORDINANCE, UM, AND WE PROVIDED A SUMMARY OF THIS IN THE MEMO, UM, FOR THE AREA BETWEEN DREXEL AND COLLINS, UM, WE CREATED, UM, TWO SEPARATE AREAS.

UM, AND THIS IS SPECIFIC TO ITEM NUMBER FOUR.

I'M, I'M, I'M GOING EAST TO WEST, BUT WITHIN THE AREA THAT IS, UM, LOCATED, UM, IN THE AREA WHAT WE WOULD CALL LINCOLN ROAD, AND I'M GETTING TO THAT, YEAH.

THE FIRST AREA WOULD BE, UM, THE LINCOLN LINCOLN ROAD NORTH BETWEEN DREXEL AVENUE AND COLLINS AVENUE.

SO THAT WOULD BE FOR PROPERTIES THAT ARE LOCATED NORTH OF LINCOLN ROAD, THE, THE PROPERTIES WITH, WITH A PROPERTY BOUNDARY ON THE NORTH SIDE OF LINCOLN ROAD ALL THE WAY UP TO 17TH STREET.

UM, THERE WOULD BE CERTAIN DEVELOPMENT INCENTIVES THAT A PROPERTY COULD AVAIL THEMSELVES OF IF THEY ARE WILLING TO HAVE, UH, NON-TRANSIENT RESIDENTIAL USES.

AND THAT COULD EITHER BE CONVERTING EXISTING TRANSIENT RESIDENTIAL USES TO NON-TRANSIENT OR NEW CONSTRUCTION OF, OF NON-TRANSIENT RESIDENTIAL.

ADDITIONALLY, ANY NON-CONFORMING ENTERTAINMENT ESTABLISHMENT WOULD NEED TO BE ABANDONED IF IT EXISTS, UM, WITHIN THAT PROPERTY.

UM, IF SOMEONE IS WILLING TO AGREE BY COVENANT TO PROCEED WITH THAT, UM, NORTH OF LINCOLN ROAD, THE, UH, MAXIMUM FAR WOULD BE INCREASED FROM THE CURRENT 2.75 TO 3.5.

UM, ADDITIONALLY, THERE WOULD BE MINIMUM SETBACK REQUIREMENTS OF 50 FEET FROM LINCOLN ROAD FOR ALL PORTIONS OF A BUILDING ABOVE 50 FEET IN HEIGHT, AS WELL AS A MINIMUM SETBACK OF 20 FEET FROM ANY ADJACENT, UM, OR 25 FEET FROM ANY ADJACENT SIDE STREET.

UM, THERE WOULD BE A REMOVAL OF MINIMUM PARKING REQUIREMENTS, BUT A PARKING IS, IS PROVIDED, AND I'M SORRY, TOM, LET ME, LEMME JUST BACK UP.

IS 50 FEET SETBACK FROM THE FRONTAGE ON LINCOLN ROAD AND IT'S 20 FEET SETBACK FROM, UH, FROM A SIDE STREET, CORRECT.

25 FEET FROM THE SIDE STREET, 25.

ADDITIONALLY, THERE WOULD BE, UM, A REMOVAL OF THE MINIMUM PARKING REQUIREMENTS, BUT IF PARKING IS REQUIRED IS PROVIDED IT, IT WOULD NOT BE ABLE TO TO EXCEED 20% OF THE NUMBER OF OFF STREET PARKING REQUIRED UNDER PARKING TIER NUMBER ONE.

UM, A MAXIMUM BUILDING HEIGHT OF UP TO 120 FEET WOULD BE PERMITTED WITHIN THIS AREA.

UM, PROVIDED THAT THE PROJECT INCLUDES AT

[00:20:01]

LEAST ONE OF FOUR IDENTIFIED PUBLIC BENEFITS.

UM, AND THIS COULD EITHER BE A COVERED TRANSIT SHELTER, UM, PROVIDING A MICRO MOBILITY STATION CONTRIBUTING TO THE SOUTH BEACH PUBLIC BENEFITS FUND, OR AN EXPEDITED BUILDING PERMIT, OBTAINING A FULL BUILDING PERMIT WITHIN 24 MONTHS OF ADOPTION OF THE ORDINANCE.

ADDITIONALLY, THE MOBILITY FEE FOR THE PROJECT COULD BE WAIVED UP UNTIL SEPTEMBER OF 2030.

AND THE, UM, FAR AND HEIGHT ADDITIONS AND INCENTIVES WOULD ONLY BE APPLICABLE TO PROJECTS THAT OBTAINED A FULL BUILDING PERMIT BY SEPTEMBER 1ST, 2030.

UM, FOR THE AREA THAT IS, UM, WE'VE CHARACTERIZED AS, UH, LINCOLN ROAD SOUTH, UH, AND THAT WOULD BE FOR PROPERTIES WITH THE LOT LINE ON THE SOUTH SIDE OF LINCOLN ROAD.

UM, THE MAXIMUM FAR COULD ALSO GO UP TO, UH, A MAXIMUM OF 3.5.

AND, UM, FROM, FROM WHICH, UH, BASELINE RIGHT NOW OF 2.75, FROM 2.75 TO 3.5, YOU WOULD, UH, IT WOULD BE SUBJECT TO THE SAME PROVISIONS AS ARE REQUIRED FOR LINCOLN LANE NORTH.

AND IF ADDITIONAL BUILDING HEIGHT IS SOUGHT, UM, ONE OF THE PUBLIC BENEFITS THAT'S REQUIRED FOR LINCOLN, UH, ROAD NORTH WOULD ALSO BE REQUIRED HERE.

BUT SINCE THIS IS A, THIS IS ON THE SOUTH SIDE OF LINCOLN ROAD, UM, AND WITHIN THAT LARGER CONTEXT OF BUILDINGS, UH, TO THE SOUTH OF LINCOLN ROAD, WE'RE SUGGESTING THAT THE MAXIMUM HEIGHT COULD GO UP TO 150 FEET.

BUT AGAIN, WITH THE MINIMUM SETBACK REQUIREMENTS THAT WOULD BE REQUIRED ON THE NORTH SIDE OF LINCOLN ROAD, WHICH WOULD BE, UH, FOR THOSE PORTIONS OF A BUILDING ABOVE 50 FEET IN HEIGHT, A MINIMUM SETBACK OF 50 FEET FROM LINCOLN ROAD AND A MINIMUM SETBACK OF 25 FEET FROM ANY SIDE STREET.

AND THEN THE SAME PROVISIONS REGARDING THE MOBILITY FEES AND THE TIMEFRAME TO OBTAIN A A BUILDING PERMIT WOULD ALSO BE REQUIRED UNDER THE CURRENT CODE.

WHAT IS, UH, THE CURRENT HEIGHT AND LIMIT, UH, IN THESE AREAS? UM, WITHIN THE CITY CENTER AREA, UH, WHICH IS THE AREA BETWEEN DREXEL AVENUE AND UM, UM, COLLINS AVENUE ON THE NORTH SIDE OF LINCOLN ROAD, THE MAXIMUM HEIGHT IS 75 FEET.

BUT ON THE SOUTH SIDE OF LINCOLN LINCOLN ROAD, IT'S A HUNDRED FEET.

THANK YOU.

AND THEN, UH, AS IT PERTAINS TO ITEM NUMBER THREE, REGARDING THE AREA OF LINCOLN ROAD, UM, EAST OR WEST OF DREXEL AVENUE, BETWEEN DREXEL AVENUE, UM, AND ALTON ROAD, UM, WE'VE CREATED THREE SEPARATE AREAS.

UM, THE FIRST, UM, WE'VE CALLED AREA ONE, UM, WHICH IS LOCATED BETWEEN 17TH STREET AND LINCOLN LANE NORTH.

UM, IN THIS PARTICULAR AREA, THE SAME, UH, REQUIREMENTS FOR NON-TRANSIENT RESIDENTIAL USES OF THE CONVERSION FROM TRANSIENT TO NON-TRANSIENT RESO RESIDENTIAL USES WOULD BE APPLICABLE.

AND IF, UM, A PROPERTY OWNER IS WILLING TO, UM, DEVELOP NON-TRANSIENT RESIDENTIAL USES IN PERPETUITY AND TO ABANDON ANY NON-CONFORMING, UH, ENTERTAINMENT USES, THE MAXIMUM FAR WITHIN THIS AREA COULD BE INCREASED FROM 2.25 TO 3.0.

IF THE LOT IS LESS THAN 45,000 SQUARE FEET AND FROM 2.75 TO 3.5, IF THE LOT IS GREATER THAN 45,000 SQUARE FEET.

ADDITIONALLY, THE MAXIMUM BUILDING HEIGHT COULD BE INCREASED UP TO A 150 FEET FOR ALL LOTS WITHIN THIS AREA.

CURRENTLY, UM, LOTS FRONTING 17TH STREET HAVE A MAXIMUM BUILDING HEIGHT OF 80 FEET AND LOTS HAVING A, UM, AND ALL THE OTHER LOTS IN THIS AREA HAVE A MAXIMUM BUILDING HEIGHT OF 75 FEET.

UM, THIS INCREASE IN HEIGHT WITHIN THIS AREA WOULD BE SUBJECT TO NO OFF STREET PARKING BEING PROVIDED.

UM, MINIMUM REQUIREMENTS FOR, UH, A MICRO MOBILITY STATION, UM, AS WELL AS EXCEEDING THE MINIMUM MICRO MOBILITY REQUIREMENTS IN PARTICIPATING IN A PUBLIC MICRO MOBILITY NETWORK.

UH, AREA TWO WOULD BE THE, UH, PROPERTIES WITH A LOT LINE ON LINCOLN ROAD ON THE NORTH SIDE, UM, BETWEEN LINCOLN ROAD AND LINCOLN LANE NORTH.

AND IN THIS PARTICULAR AREA, THE MAXIMUM FAR COULD BE INCREASED FROM THE CURRENT 2.5 TO 3.0 AND THE MAXIMUM HEIGHT COULD BE INCREASED FROM THE CURRENT 50 FEET MAXIMUM TO A HUNDRED FEET IF THESE, UM, REQUIREMENTS AND INCENTIVES PERTAINING TO PARKING AND MICRO MOBILITY ARE MET.

ADDITIONALLY, WITHIN THIS AREA OF LINCOLN ROAD NORTH, THERE WOULD BE A MINIMUM SETBACK OF 50 FEET, UH, FOR ALL PORTIONS OF A BUILDING ABOVE 50 FEET IN HEIGHT FROM LINCOLN ROAD, AS WELL AS 25 FEET FROM ANY ADJACENT SIDE STREET.

UM, AND THEN FINALLY A MULTISTORY ROOFTOP ADDITION

[00:25:01]

WOULD BE PERMITTED ABOVE A CONTRIBUTING BUILDING.

CURRENTLY, IF YOU HAVE A CONTRIBUTING BUILDING, THE CODE ONLY PERMITS A ONE STORY ROOFTOP ADDITION.

AND WHAT WE'VE SEEN HAPPEN IN THE PAST IS PEOPLE WILL DEMOLISH REAR PORTIONS OF A CONTRIBUTING BUILDING SO THAT THEY COULD BUILD A SEPARATE DETACHED ADDITION THAT COULD GO HIGHER.

THIS WOULD ALLOW THEM TO ACTUALLY KEEP THE CONTRIBUTING BUILDING BUT GO HIGHER IF IT MEETS THE MINIMUM SETBACK REQUIREMENTS.

I'M SORRY, TOM, ON, ON THE OTHER SIDE, ON 17TH STREET TO LINCOLN LANE NORTH, WHAT WAS, UH, THE EXISTING HEIGHT LIMIT? UH, IF YOU HAVE A LOT FRONTING ON 17TH STREET, THE MAXIMUM HEIGHT IS 80 FEET AND WITHIN THE REST OF THE AREA, THE MAXIMUM HEIGHT IS 75 FEET.

OKAY.

AND THE PROPOSED WOULD BE, UM, UP TO 150 FEET.

150.

OKAY.

ALRIGHT.

THEN THE LAST AREA, WHICH IS AREA THREE, YOU, YOU MENTIONED THAT THERE ALREADY ARE BUILDINGS AROUND THAT SAME HEIGHT.

MAYBE YOU CAN EXPLAIN A LITTLE BIT MORE.

YEAH, THERE'S, UH, THE REASON THAT WE HAD SUGGESTED GOING UP TO A HIGHER HEIGHT WITHIN THIS AREA IS THAT THIS AREA IS NOT PART OF AN HISTORIC DISTRICT.

IT CONTAINS A LOT OF SURFACE PARKING LOTS AS WELL AS A LOT OF EXISTING OFFICE BUILDINGS ON BOTH MICHIGAN AVENUE AND MERIDIAN AVENUE.

UM, AND THIS PARTICULAR AREA, GIVEN THE SIZE OF THE PARCELS WITHIN THE AREA AND THE FACT THAT IT'S NOT IN A HISTORIC DISTRICT, UM, WE BELIEVE THAT WITH AN FAR OF UP TO 3.5, A MAXIMUM BUILDING HEIGHT OF 150 FEET WOULD BE MORE COMMENSURATE FOR THAT FAR AND WOULD BE CONSISTENT WITH THAT ESTABLISHED SCALE CHARACTER AND CONTEXT THAT EXISTS CURRENTLY.

AND THAT'S AN AREA ONE, THAT'S THE AREA BETWEEN 17TH STREET AND LINCOLN LANE NORTH? THAT'S CORRECT.

AND THEN FINALLY, UH, AREA THREE, WHICH IS LINCOLN ROAD SOUTH, UM, THESE WOULD BE PROPERTIES WITH A LOT LINE ON THE SOUTH SIDE OF LINCOLN ROAD, AND THE MAXIMUM FAR PROPOSED TO BE INCREASED WOULD BE TO GO FROM 2.5 TO 2.75 AND AN INCREASE IN THE MAXIMUM BUILDING HEIGHT FROM 50 FEET TO 75 FEET UNDER THE SAME PROVISIONS.

THE REASON WE HAD SUGGESTED A LOWER NUMBER ON THE SOUTH SIDE OF LINCOLN ROAD IS BECAUSE OF ITS PROXIMITY TO THE MORE LOW SCALE FLAMINGO PARK HISTORIC DISTRICT TO THE IMMEDIATE SOUTH, WHICH IS ZONED RM ONE.

AND SO WE BELIEVE THAT, UH, IT WOULD BE MORE APPROPRIATE TO HAVE A SLIGHTLY LESSER FAR AND HEIGHT INCREASE.

HOWEVER, UM, THERE STILL WOULD BE AN INCENTIVE FOR PEOPLE TO DO NON-TRANSIENT RESIDENTIAL, UM, WITHIN THAT AREA.

UM, AS IT PERTAINS TO ITEM NUMBER FOUR, WHICH IS THE AREA TO THE BETWEEN DREXEL AVENUE AND ALTON ROAD, THAT WAS A DUAL REFERRAL TO BOTH THE LAND USE COMMITTEE AND THE PLANNING BOARD, AND THEN ITEM THREE, WHICH IS BASICALLY THE TWO TO 300 BLOCKS.

UM, IF THE LAND USE COMMITTEE RECOMMENDS IN FAVOR OF THIS, THAT WOULD NEED TO GO BACK TO THE COMMISSION FOR A SEPARATE REFERRAL TO THE PLANNING BOARD.

UM, TOM, LET ME, LET ME JUST ASK YOU BECAUSE, UM, ONE OF THE IMPORTANT THINGS THAT MY COLLEAGUES AND AND I, AND I, AND I THINK THIS ENTIRE COMMITTEE HAS BEEN VERY FOCUSED ON IS, YOU KNOW, AS WE WERE MENTIONING EARLIER, THAT FORGOTTEN MIDDLE OF AN, UH, MARKET INDIVIDUAL, THAT PERSON THAT CAN'T, NOWHERE NEAR A FORD LUXURY, AND THAT PERSON THAT DOESN'T QUALIFY FOR, FOR THE WORKFORCE, UH, PROGRAMS THAT GOVERNMENT SO OFTEN TALKS ABOUT AND FOCUSES ON, AND, AND THERE IS A BIG SEGMENT OF POPULATION.

THEY'RE PROBABLY MOST OF OUR, THE GRAND MAJORITY OF OUR POPULATION THAT'S, THAT'S OUT THERE THAT DEPEND ON THAT.

TELL ME, UM, HOW, HOW THESE ITEMS ENSURE AFFORDABILITY, UH, ENSURE, ENSURE THAT, UM, THAT THESE DON'T BECOME LUXURY UNITS.

UM, IN, IN A MARKET WHERE, WHERE, WHERE PERHAPS WE HAVE AN OVERSUPPLY OF, UH, LUXURY UNITS THAT AREN'T HELPING, UH, THE HARDWORKING RESIDENTS OF THE CITY.

UH, WE'VE INCLUDED SOME PROVISIONS IN THESE DRAFT ORDINANCES THAT WE BELIEVE WILL SPEAK TO THAT.

THE FIRST BEING THE REMOVAL OF THE PARKING REQUIREMENT, AND IN SOME CASES THE ACTUAL PROHIBITION OF PROVIDING OFF STREET PARKING SPACES.

TYPICALLY, THE HIGHER END LUXURY UNITS OR MODEL WANT TO HAVE, UM, OFF STREET PARKING OR MULTIPLE OFF STREET PARKING SPACES WITHIN THEIR BUILDING.

THE OTHER THING THAT WE DID WAS WE PUT A CAP ON THE SIZE OF THE UNITS.

THEY COULD NOT EXCEED 1200 SQUARE FEET.

AGAIN, LUXURY UNITS ARE TYPICALLY MUCH LARGER.

UM, THIRD, THERE'S REQUIREMENTS FOR, UM, MICRO MOBILITY ELEMENTS THAT WOULD HELP FACILITATE THE ABILITY TO UTILIZE ALTERNATIVE FORMS OF TRANSIT, UM, THAN A VEHICLE.

UM, AND THEN LASTLY, WHICH IS A LITTLE BIT MORE DIFFICULT TO QUANTIFY, UH, WITH AN INORDINANCE, UM, BUT

[00:30:01]

AREAS LIKE THIS ARE TIGHTER URBAN AREAS THAT WE BELIEVE WOULD BE MORE APPEALING TO URBAN DWELLERS.

UM, AND THOSE WHO ARE WITHIN WHAT WE CALL THE MISSING MIDDLE.

UM, AND THESE ARE THE TYPES OF AREAS THAT ARE MORE LIKELY WE BELIEVE TO ATTRACT, UH, PEOPLE SEEKING ATTAINABLE HOUSING.

UM, BECAUSE OF THE FACT THAT IT, UM, PROMOTES, UM, LIVING WITH MORE OF A WALKABILITY EMPHASIS.

UM, IT'S, THESE ARE NOT UNITS WITH WATERFRONT VIEWS, UM, OR LUXURY AMENITIES, BUT IT IS, UM, LIVING THAT IS MORE URBAN IN LIFESTYLE AND MORE SET UP FOR PEOPLE THAT LIKE TO WALK AND USE MICRO MOBILITY.

UM, AND, AND, AND ONE OF THE THINGS THAT, UH, STANDS OUT TO ME, ESPECIALLY IN ITEM NUMBER THREE, UH, THAT MY COLLEAGUE HAS, HAS SPONSORED IS, IS A FACT THAT IN THE DRAFT LANGUAGES SPECIFICALLY, UH, SPELLS OUT THAT NO UNIT SHALL EXCEED THAT 1200, UH, SQUARE FEET, UH, UNIT SIZE.

UH, WHICH SPECIFICALLY, YOU KNOW, HELPS MAINTAIN THAT SIZE, THAT FORM OF, OF UNIT THAT, UM, THAT IS STILL YOU AFFORDABLE.

I DON'T WANNA USE AFFORDABLE 'CAUSE THAT'S OVERUSED, BUT ATTAINABLE, ATTAINABLE TO PEOPLE THAT CAN'T QUALIFY, THAT CAN'T AFFORD LUXURY AND DON'T QUALIFY FOR OTHER TYPES OF ASSISTANCE.

COMMISSIONER SUAREZ, YOU'RE RECOGNIZED.

THANK YOU, MR. CHAIR.

UH, THANK YOU FOR, FOR TOUCHING UP ON THAT, ON THAT ISSUE AND, UM, AND CLARIFYING THAT.

YEAH, MY INTENTION'S NOT TO BUILD SUPER LUXURY HOUSING ON LINCOLN ROAD.

YOU KNOW, WHEN, WHEN I FIRST, WHEN I FIRST GOT TO THE BEACH, UM, THE FIRST CONDO, WELL, AT FIRST, WELL, WHEN I GOT TO THE BEACH, I ACTUALLY RENTED A LOT AND I RENTED IT EVERYWHERE FROM LIKE WEST AVENUE TO TECO PLUS, YOU CAN NAME IT.

UM, BUT THE FIRST PLACE THAT I BOUGHT WAS, UH, NEW CONSTRUCTION.

IT WAS ON FIFTH AND MERIDIAN.

UM, AND IT WAS A GARDEN HOTEL, A GARDEN, UH, UNIT, NO PARKING, UH, 550 SQUARE FEET.

AND IT, IT WAS CHEAP.

IT WAS LIKE, YEAH, AT THE TIME IT WAS LIKE 180,000.

IT WAS SOMETHING THAT YOU CAN ACTUALLY PURCHASE A A, A NEW STARTER HOME.

AND THAT'S, AND THAT'S, THAT'S NON-EXISTENT TODAY, UNFORTUNATELY.

AND I WANNA, IN THE NEXT 10, 20 YEARS, I WANT TO GIVE MORE OPPORTUNITIES TO INDIVIDUALS WHO DO WANT TO HAVE THAT STARTING HOME WHERE IT'S NOT SUPER LUXURIOUS, BUT IT'S L IT'S LUXURIOUS IN THE SENSE TO THEM THAT THEY GET TO GO DOWNSTAIRS ON LINCOLN ROAD, THEY CAN GO SHOPPING, THEY CAN GO TO TRADER JOE'S, THEY CAN WALK OVER TO THE BEACH AND THEY CAN ALL DO THAT ON A PEDESTRIAN WAY.

I MEAN, HOW COOL WOULD IT BE TO ACTUALLY LIVE ON LINCOLN ROAD AND, AND, AND JUST LIVE YOUR LIFESTYLE THERE AND, AND YOU GO TO THE BEACH, UM, ON THE WEEKENDS, YOU KNOW, AND, AND IF THE BEST PART IS, IF WE'RE INCENTIVIZING MICRO MOBILITY, SO INSIDE THESE, THESE NEW DEVELOPMENTS, THE WAY I ENVISION IT WOULD BE HAVING LIKE DECO BIKE STATIONS OR SCOOTER STATIONS INSIDE THE BUILDING THAT THEY CAN, THAT THAT, THAT THEY RIDE SHARE AND THAT CAN GET YOU ANYWHERE ON THE BEACH.

AND TO A MUCH GREATER EXTENT, THIS IS FOR PEOPLE THAT DON'T LIVE IN MIAMI BEACH, BUT ALREADY WORK IN MIAMI BEACH.

'CAUSE IF YOU PULL ALL THE PEOPLE ON 41ST STREET OR THE MACARTHUR AND THEY'RE GOING WEST AT FIVE O'CLOCK AND YOU ASK, HEY, WHY ARE YOU LEAVING? WE CAN'T AFFORD TO LIVE HERE.

THIS IS THE DEVELOPMENT FOR THOSE PEOPLE THAT WANT TO LIVE HERE, BUT ALREADY WORK HERE.

AND I THINK THIS IS A GREAT START.

THIS IS SOMETHING THAT, YOU KNOW, OUR CHILDREN ARE GONNA TAKE FULL ADVANTAGE OF.

UM, BECAUSE, YOU KNOW, LET'S, LET'S, LET'S BE HONEST, I MEAN, AT, AT, YOU KNOW, WE'RE, WE'RE GONNA PUT A CAP ON, I BELIEVE FIVE YEARS FOR THIS.

BUT EVEN THEN THROUGH PERMITTING AND CONSTRUCTION, IT'S PROBABLY A DECADE BEFORE WE SEE SOME, YOU KNOW, A A A FULL IMPACT SCALE OF THIS.

AND SO THAT, THAT'S, YOU KNOW, WE'RE THINKING AHEAD, WE'RE THINKING FOR THE NEXT GENERATION OF, OF MIAMI BEACH RESIDENTS.

AND, UM, I, I'M HOPEFUL THAT MY COLLEAGUES ARE SUPPORTIVE OF A VISION THAT'S, THAT'S PRIMARILY RESIDENTIAL FROM MIAMI BEACH.

AND LET ME ASK YOU THIS, UM, AND I WANT DIRECT THIS QUESTION TO OUR CITY ATTORNEY.

UM, WHEN WE CREATE ITEMS LIKE THIS THAT ARE INCENTIVE BASED AND THAT HAVE A SUNSET PROVISION, THIS FAR DOESN'T BECOME A MATTER OF RIGHT.

IN ESSENCE, WE, IF, IF THEY DON'T TAKE ADV ADVANTAGE OF THIS TO PROVIDE THE HOUSING THAT WE'RE TRYING TO ATTAIN FOR, FOR, FOR OUR COMMUNITY BY THE SUNSET DATE,

[00:35:01]

THEY DON'T KEEP THIS FAR, WE'RE NOT, WE'RE NOT ADDING, UH, FAR TO THESE PROPERTIES.

THEY HAVE TO EARN THE PROPERTIES, HAVE TO EARN THE FAR BY PROVIDING THE TYPE OF HOUSING WE NEED FOR OUR COMMUNITY.

IS THAT CORRECT, MR. ATTORNEY? THAT'S CORRECT.

SO, TO THE EX, SO TO THAT EXTENT, WE WOULDN'T HAVE ABERT HARRIS, UH, POTENTIAL EXPOSURE, UH, AS WE MAY WITH OTHER TYPES OF, OF FAR MATTERS WHERE YOU GIVE FAR BUT THEN YOU CAN'T TAKE IT AWAY BECAUSE IT'S A TAKING OF PROPERTY.

IS THAT CORRECT? ANYONE COULD ALWAYS BRING A CLAIM, BUT I THINK THAT IF, IF, UM, IF THE, IF THE BONUS EXPIRES, UM, YOU KNOW, ON ITS OWN, IF THE ORDINANCE EXPIRED ON ITS OWN TERMS, THEN NO, I DON'T THINK ANYONE COULD BRING A CLAIM ON THAT BASIS.

PERFECT.

THANK YOU COLLEAGUES.

ARE THERE, THERE, UH, QUESTIONS, COMMENTS? AND, AND JUST FOR THE RECORD, UM, I WAS ASKED TO REPEAT THIS ANNOUNCEMENT IF THERE'S ANYONE HERE FOR AN ITEM HAVING TO DO WITH A LAKEVIEW NEIGHBORHOOD.

UNFORTUNATELY, THERE WAS MISINFORMATION PROVIDED TO THE PUBLIC.

THERE'S NO ITEM ON TODAY'S, UH, LAND USE AGENDA PERTAINING TO THE LAKEVIEW NEIGHBORHOOD.

AND SO I APOLOGIZE FOR, FOR, FOR ANY MEMBER OF THE PUBLIC THAT'S HERE EXPECTING FOR, FOR, FOR ANY SUCH ITEM.

UH, THERE'S NO ITEM ON TODAY'S AGENDA HAVING TO DO WITH THE LAKEVIEW NEIGHBORHOOD.

YES, YES.

I, AND I HAD DONE IT EARLIER BEFORE THE MEETING STARTED, BUT THANK YOU COMMISSIONER DOMINGUEZ, YOU'RE RECOGNIZED.

THANK YOU.

UM, I REALLY LIKE THE VISION, UM, FOR THIS PROJECT.

I THINK IT'S IMPORTANT TO REVITALIZE THAT AREA OF LINCOLN ROAD AND I THINK IT WILL DO A LOT OF GOOD.

BLESS YOU.

AND, UM, THAT WASN'T ME , UH, BUT I DO HAVE SOME QUESTIONS.

I KNOW THAT THE CITY HAD RECOMMENDED AND SUPPORTED, UM, NOT HAVING ANY PARKING.

UM, MY BIGGEST CONCERN WOULD BE HAVING A COMMERCIAL LOADING ZONE.

IF THERE'S ANY STAFF THAT WORKS AT THE PROPERTY, WHETHER IT BE, UH, THE SANITATION WORKERS OR FRONT DESK THAT'S GONNA TAKE, UH, DELIVERIES FROM AMAZON OR WHATEVER THE CASE MAY BE, THAT THERE IS PARKING FOR THOSE PEOPLE, IF THE JANITOR, THE ELECTRICIAN, THE PLUMBER NEEDS TO COME, THAT THEY HAVE PARKING ON SITE TO BE ABLE TO FIX WHAT NEEDS TO GET DONE IN, IN THOSE UNITS.

YES.

UH, COMMISSIONER, WE DID ADDRESS THAT IN BOTH ORDINANCES.

WE HAVE A REQUIREMENT FOR OFF STREET PARKING FOR BUILDING STAFF AND OR SERVICE OPERATIONS SHALL BE PROVIDED AT THE SAME RATIO AS REQUIRED LOADING SPACES.

FANTASTIC.

WONDERFUL.

COMMISSIONER BOT.

SO I, UM, I LOVE THE IDEA OF, OF THIS, UM, I THINK AT VARIOUS TIMES WE'VE TALKED ABOUT DOING SOMETHING SIMILAR ALONG WEST AVE, UM, ALONG, UH, WASHINGTON, WHICH WOULD LEND ITSELF VERY WELL TO AN INCREASED HEIGHT IN EXCHANGE FOR MORE RESIDENTIAL, UM, MISSING MIDDLE HOUSING.

UM, SO IN PRINCIPLE, I'M, I'M IN FAVOR OF THIS, WHAT I'M STARTING TO GET CONCERNED ABOUT AND INCLUDING MY OWN THINGS THAT I'VE PROPOSED AS WELL.

YOU KNOW, I I COME FROM CITIES WHERE YOU HAVE, UM, RETAIL ON THE GROUND FLOOR AND THEN YOU'VE GOT 2, 3, 4, SOMETIMES HIGHER, UM, RESIDENTIAL UNITS ABOVE.

IT MAKES FOUR PRETTY RICH AND ROBUST, UM, COMMUNITY FABRIC.

IT'S A LIVE WORK PLAY KIND OF ENVIRONMENT.

IT'S GREAT.

UM, I THINK IT COULD HELP LINCOLN ROAD.

I KNOW YOU GUYS ARE WORKING VERY HARD TO REVITALIZE LINCOLN ROAD, BUT THE ONE THING I STILL HEAR FROM RESIDENTS ABOUT WHAT A LOT OF US MISS ABOUT LINCOLN ROAD IS THE SMALLER STORES, NOT THE GIANT NATIONAL OPERATORS.

AND IF YOU HAVE PEOPLE LIVING THERE FULL TIME, THEY MIGHT HELP SUPPORT THOSE, SUPPORT THOSE AND, AND FIND A PATH FORWARD.

UM, BUT THE ONE THING THAT I AM CONCERNED ABOUT IS THAT, YOU KNOW, I'M STEPPING BACK, UM, THINKING ABOUT HOW ALL OF THESE VERY MANY ZONING CHANGES THAT WE ARE COLLECTIVELY, UM, UH, PUTTING FORTH AS, AS A BODY, UM, FOR DIFFERENT NEIGHBORHOODS AROUND THE CITY, NORTH BEACH, SOUTH BEACH, WEST AVE, UM, WASHINGTON LINCOLN ROAD.

I HAVE NOT SEEN, AND I DON'T KNOW IF YOU GUYS HAVE DONE IN THE PLANNING DEPARTMENT ANY SCHEMATICS OF WHAT IT WILL DO TO WHAT OUR CITY WILL LOOK LIKE AND HOW IT WILL FEEL AND WHAT THE TRAFFIC ISSUES MAY OR MAY NOT BE HOLISTICALLY.

AND WE'RE TALKING AND IT'S EXCITING TO BE A PART OF A COMMISSION THAT HAS SUCH A UNIFIED VIEW OF HOW DO WE GET MORE PEOPLE, UM, WHO ARE THE MISSING MIDDLE LIVING HERE AGAIN, AND, AND REBUILDING THE, THE HARDWARE CITY, BUT AT THE SAME TIME, HOW DOES THAT WORK HOLISTICALLY? SO IF WE DO A PROJECT HERE AND A PROJECT THERE, OR A ZONING CHANGE HERE OR A ZONING CHANGE THERE, I WANNA SEE HOW IT ALL WORKS TOGETHER.

I WANNA SEE, YOU KNOW, 'CAUSE WE'RE

[00:40:01]

TALKING ABOUT SOME NOT INSIGNIFICANT HEIGHT INCREASES HERE, RIGHT? IT'S NOT GOING FROM TWO STORIES OR THREE STORIES TO FIVE OR SIX.

IN SOME CASES IT COULD BE A LOT MORE AND IT MIGHT BE OKAY.

I'M NOT SAYING IT'S NOT GONNA BE OKAY, BUT I WOULD LIKE US BEFORE WE CODIFY THINGS INTO LAW TO HAVE, I DUNNO IF IT'S A, AN A WORKSHOP OR CHARETTE OR WHATEVER, TO LOOK AT ALL THE THINGS THAT WE ARE HAVE ALREADY PASSED OR IN THE PROCESS OF PASSING, LAID OUT SCHEMATICALLY SO WE CAN SEE WHAT WE'RE DOING BECAUSE IT'S GONNA BE A LOT HARDER TO UNDO IT THAN IT IS TO DO IT.

UM, AGAIN, WE ARE SUPER UNIFIED IN OUR VISION OF WHAT WE'RE TRYING TO ACCOMPLISH HERE, BUT I DON'T WANNA LET THE FACT THAT WE ARE EXCITED ABOUT THE OPPORTUNITY TO EFFECTUATE CHANGE FOR THE GREATER GOOD, NOT IN OUR HASTE THAT WE DON'T TAKE A STEP BACK TO JUST MAKE SURE WE'RE NOT COMPLETELY CHANGING THE FABRIC OF OUR CITY IN WAYS THAT WE MIGHT NOT BE ABLE TO, UH, OR THAT WE MIGHT NOT BE ABLE TO UNDO IF, IF NECESSARY OR NOT UNDO, BUT MODIFY.

AND SO LET ME, LET ME ASK THIS OF, OF THE PLANNING DIRECTOR BECAUSE, SO WE HAVE, UH, ITEMS THREE AND FOUR, UH, WHICH, UM, WHICH, YOU KNOW, SEEK TO ADDRESS LINCOLN ROAD, MY ITEMS SPECIFICALLY ON THE EAST END OF, OF LINCOLN ROAD.

THOSE 200 AND 300 BLOCKS OF LINCOLN ROAD THAT HAVE BEEN VERY CHALLENGING.

IN FACT, YOU LOOK AT THE, UH, CRIME STATISTICS, UM, YOU GET TO THE 300 BLOCK OF LINCOLN ROAD CRIME SPIKES, UH, WHEN YOU GET THE OFFICIAL DATA, UH, FROM THE MIAMI BEACH POLICE DEPARTMENT.

SO, SO IT, THERE'S, THERE'S A DUTY ON US TO TO TO ADDRESS THAT IN WAYS BEYOND POLICING.

UH, AND IT'S, YOU KNOW, BY RE-ENVISIONING THIS AREA AND HOW DO WE CREATE COMMUNITY AND, UH, THE RIGHT TYPE OF COMMUNITY THAT, UH, THAT, THAT CREATES A SAFE ENVIRONMENT.

UM, BUT SO WE HAVE ITEM NUMBER FOUR, WHICH IS THE EAST END OF LINCOLN ROAD.

WE HAVE ITEM NUMBER THREE, WHICH IS THE WEST END OF LINCOLN ROAD.

SEPARATELY, WE HAVE, UH, WASHINGTON AVENUE.

AND CLEARLY, UH, YOU KNOW, WE NEED TO SEE A TRANSFORMATION, ESPECIALLY WHEN WE LOOK AT SOME OF THESE NUISANCE ESTABLISHMENTS THAT WE HAVE THERE, YOU KNOW, PLACES, AND I'LL PUT IT OUT THERE.

I KNOW THE CITY ATTORNEY WILL PROBABLY CRINGE, BUT, YOU KNOW, AND, AND EXCHANGE AND OTHERS, UM, THAT, YOU KNOW, YOU HAVE PEOPLE MASSACRED OUTSIDE OF THESE PLACES.

SO, SO AGAIN, WE HAVE A RESPONSIBILITY TO, TO TO, TO USE THE TOOLS THAT WE HAVE BEYOND POLICING, BEYOND CODE ENFORCEMENT TO REIMAGINE THESE AREAS.

UM, SO WE HAVE NOW WASHINGTON AVENUE AS WELL.

UM, WE JUST DISCUSSED COMMISSIONER DOMINGUEZ'S ITEM, UH, WHICH IS VERY MODEST IN, IN, IN, ITS IN ITS SCOPE, WHICH OTHERS DO WE HAVE THAT ARE COMMISSION POLICIES THAT ARE BEING DRIVEN FORWARD.

THOSE ARE THE FOUR THAT ARE PENDING.

NOW, UM, THERE ISN'T THE TWO COMING UP.

THERE IS AN ITEM ON THE, THERE ARE SOME REFERRALS ON NEXT WEDNESDAY'S COMMISSION AGENDA, UM, ONE FOR THE CPS TWO AREA AT LENNOX AND SIXTH STREET.

UM, AND I THINK THAT'S THE ONLY FAR INCREASE PER SE, UM, UNLESS I'M, I'M MISSING ONE FROM, FROM NEXT SEPTEMBER.

BUT THOSE, THOSE FOUR THAT YOU HAD ALLUDED TO, MR. CHAIR, I THINK ARE THE FOUR MAIN ONES.

OKAY.

I, IN, IN THEORY, YOU KNOW, DON'T DISAGREE WITH YOU THAT WE NEED TO LOOK AT THESE TOGETHER.

HOW DO THEY ALL COME TOGETHER? UM, YOU KNOW, WHAT, WHAT DOES OUR PUBLIC WORKS DEPARTMENT SAY ABOUT CAPACITY, NOT CAPACITY IN OUR INFRASTRUCTURE, INDEPENDENT ON, YOU KNOW, WASHINGTON AVENUE? WELL, OUR INFRASTRUCTURE MIGHT BE ABLE TO SUPPORT THE WASHINGTON AVENUE POLICY, BUT IS IT ABLE TO SUPPORT, UM, IS THE, IS THE INFRASTRUCTURE ABLE TO SUPPORT THE IMPACT OF THE WASHINGTON AVENUE POLICY TOGETHER WITH THE LINCOLN ROAD POLICY? YOU KNOW, UM, IS HOW DO WE HAVE THE RIGHT, UH, PUBLIC, UH, TRANSPORTATION, YOU KNOW, PLANS, UH, IN PLACE? UM, I'M GONNA, I'M GONNA PROPOSE FOR, AND, AND, AND I KNOW WE'RE GOING IN A VERY GOOD DIRECTION HERE, UM, AND I SENSE SUPPORT FROM OUR COLLEAGUES HERE, BUT I DO THINK IT IS PRUDENT, IT IS RESPONSIBLE FOR US TO CONSIDER THAT, TO CONSIDER THE INFRASTRUCTURE IMPACTS THAT ANY OF THIS HAS AND MAKE SURE THAT WE'RE PROPERLY PLANNING.

WOULD WE BE INCLINED TO PERHAPS HAVE A SPECIAL MEETING WHERE WE LOOK AT THESE POLICIES TOGETHER, WASHINGTON, UH, THE, UH, WEST AVENUE, THE CPS, UH, ITEMS THAT WE JUST PASSED, THE OCEAN

[00:45:01]

FRONT, UH, UH, ITEMS THAT WE'RE LOOKING AT AND THESE TOGETHER SO WE CAN ANALYZE THEM TOGETHER.

I, I KNOW I, I WANT TO KNOW WITH SOME OF THESE OTHER ITEMS, HOW ARE WE MAKING SURE, UH, THAT FORGOTTEN MIDDLE IS BEING ADDRESSED? I WANNA MAKE SURE THAT WHEN WE'RE GIVING FAR, THAT IT'S NOT JUST WE'RE GIVING FAR TO CREATE HOUSING.

WELL, I WANT, I WANT A SPECIFIC TYPE OF HOUSING.

I WANNA MAKE SURE THAT IT'S NOT JUST HOUSING THAT CATER TO THE BILLIONAIRES AND THE UBER RICH PEOPLE.

I WANNA MAKE SURE IT'S HOUSING THAT, YOU KNOW, PUTTING ASIDE THE INFRASTRUCTURE THING THAT WE'RE CREATING, THE HOUSING, THAT THE PEOPLE THAT WORK AT THE SCHOOLS, THE, THE PEOPLE THAT WORK IN THIS BUILDING AT CITY HALL, THAT, YOU KNOW, YOUNG ATTORNEYS THAT ARE HAVING TO GO AND, UH, AND MOVE TO THE MAINLAND BECAUSE THEY CAN'T AFFORD THE TYPE OF HOUSING THAT THEY WANT HERE IN MIAMI BEACH BECAUSE, UH, THE HOUSING HAS GONE SO EXPENSIVE THAT WE REALLY ARE YIELDING THAT.

AND SO, I, I DON'T MIND TO BRING THESE, ALL OF THESE POLICIES TOGETHER AND HAVE THAT HOLISTIC ANALYSIS, LAY IT ALL OUT IN A MAP, SEEING WHERE WE WANNA ENCOURAGE THAT DEVELOPMENT.

WE CAN HAVE THE CONVERSATION TO, TO TOGETHER WITH A LIVE BETTER POLICY THAT I, THAT, THAT I WANT TO DEVELOP, THAT I HAVE ON THE AGENDA THAT WE'RE REFERRING TO THIS COMMITTEE, SO WE CAN HAVE THAT HOLISTIC DISCUSSION.

I'M OPEN TO THAT.

IF I MIGHT, OH, SORRY, DOCTOR, MR. CHAIR, IF YOU WOULD YEAH.

UM, AGREE WITH THE, THANK YOU, AGREE WITH THE OVERALL SENTIMENT, AND THANK YOU FOR LETTING ME CHIME IN, EVEN THOUGH I'M NOT A SITTING MEMBER OF THE COMMITTEE.

YOU'RE A MEMBER OF THE CITY COMMISSION AND ALL MEMBERS ARE ALWAYS WELCOME.

I APPRECIATE THAT.

UM, I DID PUT TOGETHER JUST A COUPLE OF SLIDES TO HELP CONVEY KIND OF, UH, UH, DIVISION, IF YOU WOULDN'T MIND, UH, JUST GOING THROUGH THOSE REAL QUICK.

AND IT, IT IS REALLY ALL THE COMMENTS THAT YOU AND THE REST OF MY COLLEAGUES HAVE BEEN SAYING ABOUT RESIDENTIAL HOUSING ARE JUST ABSOLUTELY SPOT ON.

IT'S BEEN MY VISION FOR YEARS AND YEARS AND PRIOR TO THE PRIMARY CATALYST ABOUT WHY I GOT INVOLVED WITH OUR CITY.

UM, BUT ALSO I WANT TO EMPHASIZE FROM AN ECONOMIC VIABILITY STANDPOINT, YOU KNOW, WHERE WE SEE OUR STRUGGLING COMMERCIAL CORRIDORS, BUT ALSO MR. CHAIR, WHAT YOU POINT OUT THE PUBLIC SAFETY BENEFIT.

WE CANNOT KEEP FIGHTING PUBLIC SAFETY BY JUST INCREASING POLICE, INCREASING POLICE INCREASING POLICE.

WE NEED TO LOOK AT THE URBAN ENVIRONMENT AND WHAT TYPE OF POLICIES, ESPECIALLY IN URBAN PLANNING THAT WE'RE PUTTING FORWARD, THAT FACILITATES THIS TYPE OF ENVIRONMENT THAT SEES SUCH, UH, YOU KNOW, INADEQUACIES IN OUR PUBLIC SAFETY.

AND WHEN WE LOOK AT, UH, PADE OR, UH, RETAIL CORRIDOR, LAKE LINCOLN ROAD, IT TRULY IS AN OUTLIER WHEN WE HAVE JUST THE COMMERCIAL CORRIDOR.

AND IF WE COULD JUST, UH, I'LL TAKE 30 SECONDS TO JUST RUN THROUGH THESE SLIDES ABOUT SOME OF THE PREEMINENT RETAIL CORRIDORS THROUGHOUT THE WORLD, AND IT IS EXACTLY THE TYPE OF VISION THAT WE'RE LOOKING AT HERE.

DON'T LAUGH.

'CAUSE I PUT THESE ALL TOGETHER MYSELF.

UM, AND, UH, I'LL STICK TO THE NUMBERS GUY.

I'M NOT A, UH, ARTS GUY.

UM, A AS YOU'LL SOON SEE, BUT, YOU KNOW, KIND OF MIXED, MIXED USE PLANNING , UH, YES, I, I I ACTUALLY REALLY LIKE THAT, YOU KNOW, SOMETIMES I CAN BE MORE EFFECTIVE WITHOUT WORDS.

UM, AND THIS JUST KIND OF, UH, DETAILS WHAT SOME OF THE BENEFITS OF MIXED USE URBAN PLANNING ARE.

I'M NOT GONNA, UH, TALK ABOUT THESE BECAUSE I THINK WE'VE HIT SOME OF THESE POINTS.

UH, BUT THE WALKABILITY IS ACTUALLY TAKING CARS OFF OF THE ROADS, THE ECONOMIC VIABILITY.

THERE'S NO BETTER WAY.

I'M SORRY, PJ, COULD WE, I THOUGHT I'D BE ABLE TO DO IT.

YEAH.

THE NEXT SLIDE, UH, THE WALKABILITY.

THIS IS GONNA TAKE CARS OFF THE ROADS, WHETHER FOR RESIDENTS OR FOR, UM, UH, THE WORKERS AS WELL.

THE ECONOMIC VIABILITY, RIGHT? WE'RE NO LONGER THE ONLY GAME IN TOWN, SO LESS PEOPLE ARE COMING IN FROM ACROSS THE BRIDGE.

THEY'RE STAYING IN THEIR OWN LOCAL AREAS LIKE THE DESIGN DISTRICT, LAKE BRICK OR WYNWOOD, UH, MERRICK PARK, THE MIRACLE MILE.

SO WE NEED TO RELY ON WHAT'S HERE.

AND IT'S A GREAT WAY TO HELP PROMOTE LINCOLN ROAD, IS BY BRINGING OUR CUSTOMER BASE RIGHT ON TOP OF LINCOLN ROAD AND COMMUNITY BUILDING.

UH, YOU KNOW, IN OUR SUMMER TRAVEL, IN MY SUMMER TRAVELS, I WAS FORTUNATE ENOUGH TO BE OVER IN EUROPE.

IT WAS SO GREAT TO BE IN THESE PLAZAS, RIGHT? WHERE THERE'S A SENSE OF COMMUNITY, YOU ARE NOT JUST GOING THERE FOR A SPECIFIC PURPOSE TO GO TO SEPHORA.

YES, I HAVE A 7-YEAR-OLD, UH, GIRL.

SO, UH, I'LL USE THAT.

OR LULULEMON, YOU'RE ACTUALLY GOING THERE TO HAVE A SENSE OF COMMUNITY.

AND I'M JUST GONNA HIGHLIGHT, UH, PJ IF WE COULD JUST KIND OF FLIP THROUGH THE SLIDES.

UM, THIS IS OVER IN PARIS, RIGHT? THIS IS THEIR MAIN RETAIL SHOPPING CORRIDOR.

THEY DON'T HAVE VACANCIES THERE.

WHY? THEY HAVE NOT ONLY TOURISTS, BUT THEY HAVE BUILDING CUSTOMER BASES.

AND PJ WILL JUST, YOU KNOW, KIND OF FLIP THROUGH EACH OF THESE.

THIS IS IN ROME BY THE SPANISH STEPS.

THEY'RE, THEY'RE PREEMINENT SHOPPING DISTRICT, UH, VIA DEL CORSO.

THIS IS OVER IN BARCELONA.

UH, GRACIA.

THERE WASN'T A SINGLE RETAIL VACANCY THAT I SAW AND THE SENSE OF COMMUNITY THAT THEY HAD IN THOSE AREAS.

AND THIS IS LOCAL HERE IN THE US THIS IS CORAL GABLES, WHAT WE ALL THINK OF BEING ONE OF THE MOST RESTRICTIVE AREAS ANYWHERE, RIGHT? THE BIGGEST NIMBYS

[00:50:01]

IN THE WORLD.

THEY HAVE ADOPTED THE MIXED USE DEVELOPMENT FOR, UH, .

YEAH.

PUTTING OUT SOME TWITTER LINGO, RIGHT? UH, FOR THEIR, UH, RETAIL CORRIDORS, RODEO DRIVE, BEVERLY HILLS.

THIS IS WILSHIRE BOULEVARD IN WYNWOOD.

AND THE OTHER EXAMPLES HERE ARE COUNTLESS, UM, THE, UH, THE DERELICT MALL IN, UH, SOUTH MIAMI, THAT THAT'S BEING REVITALIZED BY THE SAME ARCHITECT THAT WORKED ON OUR OCEAN DRIVE VISION.

SO REALLY, THIS IS JUST KEEPING UP WITH THE TIMES AND COMING INTO A POLICY THAT WE SHOULD HAVE HAD FOR A LONG TIME.

BUT I'M SO PROUD OF OUR COMMISSION FOR AT LEAST HAVING THE VISION TO, TO MOVE FORWARD THERE.

SO, MR. CHAIR, THANK YOU FOR, UH, ALLOCATING ME THAT TIME.

UH, COULDN'T BE MORE SUPPORTIVE OF THIS VISION, MR. UM, SO, YOU KNOW, AGAIN, I THINK WE'RE ALL IN ALIGNED WITH THIS VISION, AND IT'S REALLY JUST A QUESTION OF, UM, MAKING SURE WE'RE DOING IT HOLISTICALLY.

AND I WOULD SUGGEST IT'S NOT JUST, UM, A MEETING WHERE WE'RE LOOKING AT DOCUMENTS WITH NUMBERS, BUT IT'S, YOU KNOW, DIAGRAMS AND VISION BOARDS AND, AND NOT VISION BOARDS LIKE I'M PUTTING OUT INTO THE UNIVERSE, BUT, YOU KNOW, SHOWING WHAT IT COULD LOOK LIKE.

UM, AND IT'S, AND IT'S REALLY, AND, AND THE INFRASTRUCTURE FOR SURE, THE SEWER LINES AND PUBLIC WORKS, BUT IT'S ALSO, YOU KNOW, WE'VE GOT ALL THESE, THESE STREETS THAT GO THIS WAY AND MAYBE WE NEED TO REIMAGINE HOW THE STREETS ACTUALLY WORK AND START THINKING ABOUT MAKING A BUNCH OF ONE-WAY STREETS TO KEEP THE FLOW OF TRAFFIC.

AND REALLY LOOK, I MEAN, THIS IS, WE HAVE A CHANCE FOR THE NEXT YEAR AND A HALF AT LEAST, TO REALLY MAKE ENORMOUS CHANGE IN THE CITY FOR THE GREATER GOOD.

AND WHY WOULD WE DEPRIVE OURSELVES THE OPPORTUNITY TO DO IT IN A REALLY GRAND WAY IN TERMS OF TRUE PLANNING, TRUE URBAN PLANNING, WHICH YOUR DEPARTMENT, I KNOW I TALK TO YOUR STAFF ALL THE TIME, UM, ESPECIALLY WHEN I, WHEN WE WERE ON THE PLANNING BOARD ABOUT WOULDN'T IT BE GREAT IF, WELL, WE HAVE AN OPPORTUNITY NOW IN A NUMBER OF SECTIONS IN THE CITY WHERE THE COMMISSION IS EXTREMELY ALIGNED TO MAKE SIGNIFICANT CHANGE.

SO LET'S MAKE IT HOLISTICALLY, LET'S MAKE IT WORK.

LET'S TALK ABOUT THE, THE STREET SCAPE.

LET'S TALK ABOUT HOW THE STREETS ARE GONNA BE USED.

LET'S TALK ABOUT HOW THE TRAFFIC IS GONNA FLOW.

YOU KNOW, WE, WE HEAR, UM, ABOUT THE PLANS THAT ARE COMING FROM NORTH BAY VILLAGE, AND WE ALSO HEAR THAT NOBODY'S THOUGHT ABOUT HOW THAT WATER IS GOING TO AFFECT US HERE IN MIAMI BEACH, OR HOW THE FLOW OF TRAFFIC IS GONNA AFFECT US IN MIAMI BEACH.

SO WE CAN'T CONTROL WHAT THEY DO OVER DO OVER THERE, BUT WE CAN DEFINITELY CONTROL IT HERE.

SO LET'S DO IT.

LET'S, LET'S TAKE AN EXTRA MONTH OR SIX WEEKS OR WHATEVER IT'S GONNA TAKE.

I MEAN, THE NEXT COMMISSION MEETING ISN'T UNTIL THE END OF OCTOBER.

SO THIS IS A GREAT TIME FOR US TO LIKE REALLY DIVE INTO IT AND SOMETIME BETWEEN NOW AND THEN HAVE A WORKSHOP AND, YOU KNOW, WHATEVER THE MECHANICS OF THAT ARE TO REALLY DIVE INTO IT.

AND, AND, AND MORE SPECIFICALLY, YOU KNOW, I THINK THE POLICIES THAT WE HAVE ARE GOOD AND I SUPPORT THESE POLICIES.

UM, BUT I, I DO WANT TO SEE HOW DO THEY CALL COME ALL IN TOGETHER.

THAT'S EXACTLY RIGHT.

AND SOME OF THE OTHER POLICIES, I JUST WANT TO MAKE SURE, HOW DO THEY TRULY, NOT JUST TODAY, BUT INTO THE FUTURE, UH, CONTINUE TO SUPPORT, UH, THAT MIDDLE MARKET INDIVIDUAL, UH, THAT NEEDS HOUSING.

UH, YOU KNOW, WHAT, WHAT, WHAT STABILIZATION WE REQUIREMENTS, WE, WE PUT INTO, WE WORK INTO, UH, INTO, INTO INCENTIVES, COULD WE PUT INTO, IN, INTO INCENTIVES TO, UH, MAKE SURE, UH, THAT, UM, THAT THAT INDIVIDUALS OF CERTAIN INCOME LIMITS ARE, ARE ABLE TO CONTINUE AFFORDING, UH, TO LIVE IN MIAMI BEACH.

UH, COMMISSIONER SUAREZ.

THANK YOU, MR. CHAIR.

UH, YEAH, JUST SPEAKING OF WORKSHOPS, WE HAVE A WORKSHOP ON WASHINGTON AVENUE, UM, COMING UP, I THINK, IS IT TODAY OR TOMORROW? NEXT TUESDAY.

YEAH, NEXT TUESDAY.

UM, THAT, THAT'S ALREADY PART OF THE PROCESS, RIGHT? I MEAN, WE, WE, WE ARE GONNA PUT LEGISLATION OUT.

WE'RE, I'M NOT TRYING TO RUSH THIS AT ALL.

UM, BUT WHAT MY FEAR IS, IF WE TRY TO PUT EVERYTHING TOGETHER, YOU HAVE THIS, YOU HAVE SOMETHING THAT SORT OF LOSES ITS VISION FOR EACH KIND OF NEIGHBORHOOD.

SO LIKE WASHINGTON AVENUE IS VERY DIFFERENT THAN LINCOLN ROAD.

AND LINCOLN ROAD IS VERY DIFFERENT THAN WEST AVENUE, UM, WHICH IS VERY DIFFERENT THAN FIFTH STREET.

UM, BUT I THINK WE BOTH HAVE THE, THE VISION OF PRIMARILY RESIDENTIAL, LESS, LESS CARS ON THE ROAD.

AND I THINK THAT AS OUR GUIDING COMPASS IS WHAT REALLY IS GONNA MOVE FORWARD.

I'M NOT PARTICULARLY A FAN OF TRYING TO BUNCH IT TOGETHER AND, AND WAIT, YOU KNOW, A YEAR AND A HALF TO, TO TO, TO GET SOME MEANINGFUL LEGISLATION OUT.

UM, I'M FULLY SUPPORTIVE OF, UH, BETWEEN NOW AND,

[00:55:01]

AND PLANNING BOARD MEETING, WHICH IS GONNA BE, I'M NOT SURE WHEN, FOR, FOR THIS PARTICULAR ITEM, UH, WHEN THE EARLIEST WOULD BE, UH, AND THEN BETWEEN TWO READINGS, UM, AND HAVING A SIXTH, SEVENTH VOTE ON, ON THIS, THAT THROUGHOUT THAT PROCESS, EVERYTHING'S GONNA BE FLESHED OUT.

AND, UM, IF WE NEED TO GET PUBLIC WORKS TO DETERMINE IF WE CAN HANDLE, YOU KNOW, THE CAPACITY, UH, UH, CERTAINLY I DON'T WANNA BUILD WITHOUT KNOWING THAT WE CAN OR CANNOT.

UM, BUT, YOU KNOW, I I, I THINK THE RESIDENTS OF MIAMI BEACH WANT TO SEE SOME CHANGE.

WE WANNA SEE SOME AFFORDABILITY IN HOUSING.

WE WANNA SEE LESS TRAFFIC.

AND I THINK, UH, AND, AND NOT, NOT TO MENTION, BUT WE, WE SEE VACANT STOREFRONTS ON LINCOLN ROAD.

WE SEE STOREFRONTS ON WASHINGTON AVENUE THAT WE DON'T NECESSARILY, YOU KNOW, THERE'S TOO MUCH OF THEM.

YOU KNOW, WE, WE WANT TO, WE WANT TO PUSH THE NEEDLE FORWARD AND, AND IN THE RIGHT DIRECTION.

UM, BUT I THINK IT'S ALL PART OF THE PROCESS.

WE, THIS IS, YOU KNOW, WE'RE ON A COMMITTEE RIGHT NOW.

THIS, I DIDN'T PUT THIS ON THE AGENDA.

THIS IS, UH, IT, IT'S GOING THROUGH A STRENUOUS PROCESS, ESPECIALLY WHEN EVEN THE PLANNING BOARD, FOR EXAMPLE, ONLY CAN HEAR THESE TYPES OF ITEMS FOUR TIMES A YEAR, RIGHT? SO, UM, WE, WE HAVE TO WAIT FOR THOSE SPECIFIC TIMES TO DO IT.

SO I, I DON'T, I DON'T SEE A PARTICULAR NEED TO DELAY CONSIDERING THAT THIS IS, AND THIS IS LIKE A SIX MONTH PROCESS ANYWAYS, IF YOU THINK ABOUT IT, IF, IF, IF I, IF, IF I MAY, AND I'LL TELL YOU AS A SPONSOR OF, OF ONE OF THE ITEMS AND A, YOU KNOW, BIG SUPPORTER OF, OF SOME OF THE, OF THE OTHER ITEMS, I DO SEE A VALUE BETWEEN THIS MEETING AND THE NEXT LAND USE MEETING FOR US TO HAVE JUST A SPECIAL MEETING, PUT THESE ALL TOGETHER, HAVE STAFF DO AN ANALYSIS FOR US, UH, THAT WE, THAT WE, YOU KNOW, SEE HOW, HOW, HOW THESE ALL DO COME TO COME TOGETHER.

UH, I DON'T THINK IT'LL BE A DELAY.

UH, I THINK WE CAN DO IT.

UH, WE'VE HAD, UH, MEETINGS IN, IN THE PAST, AND I'VE MADE COMMITMENTS THAT I WOULD NEVER DELAY ITEMS HERE IN COMMITTEE.

AND WE'VE PUT, WE'VE GOTTEN THROUGH SOME PRETTY CONTROVERSIAL STUFF, UM, THAT, THAT WE'VE BEEN ABLE TO PUSH FORWARD.

SO IF, UM, I'D BE VERY WILLING, UH, TO MAKE SURE THAT, THAT THERE'S NOT A DELAY ASSOCIATED WITH THIS, BECAUSE I WANNA SEE MY OWN LEGISLATION MOVE FORWARD, GET PASSED, UH, WITHOUT ANY GREAT DELAY.

BUT I DO THINK IN THE INTEREST, NO, AND THE, I'LL TELL YOU WHY IT'S MOST IMPORTANT, AND THE INTEREST OF PUBLIC TRUST IS VERY IMPORTANT, AND THAT'S SOMETHING THAT'S VERY IMPORTANT TO ME.

UM, FOR A LONG TIME FLOOR AREA RATIO, FAR HAD BEEN A VERY CONTENTIOUS ISSUE IN OUR CITY.

UM, AND I, AND, AND I THINK IT'S, IT, IT DOES, WE, WE NEED TO SHOW TO, TO THE PUBLIC THAT WE TRULY ARE BEING VERY MEASURED, THAT WE, THAT WE ARE BEING TRULY AS THOUGHTFUL AS WE CAN AS WE PUT THESE, UH, ITEMS FORWARD.

AND WE HAVE BEEN, AND YOU HAVE BEEN, WE ALL HAVE BEEN VERY, VERY THOUGHTFUL.

UM, AND WE ALL HAVE DONE TREMENDOUS AMOUNTS OF WORKS BEHIND THE SCENES IN PUTTING THESE ITEMS FORWARD.

BUT I THINK FOR THE PUBLIC, IT'S IMPORTANT TO, TO, TO HAVE THE PUBLIC DISCUSSION ON HOW THEY ALL DO, COME TOGETHER ON HOW OUR INFRASTRUCTURE, UH, CAN HANDLE THIS ON, FOR EXAMPLE, ON WHAT PLANS, UM, FROM MY PERSPECTIVE, DOES THE POLICE HAVE, WHEN YOU INCREASE POPULATION, YOU ALSO NEED TO INCREASE POLICE RESOURCES.

UM, YOU KNOW, HOW ARE THEY GONNA BE PLANNING FOR, FOR THAT? JUST, YOU KNOW, A GENERAL CONVERSATION ABOUT WHAT IS THE ULTIMATE OUTCOME WHEN YOU PUT ALL OF THIS TOGETHER.

AND, AND MY COMMITMENT WOULD BE HAVING THAT CONVERSATION AT SPECIAL MEETING BETWEEN, UH, THE NEXT, BEFORE THE NEXT LAND USE MEETING, SO THAT WE TRULY DO NOT CAUSE A DELAY ON THIS, ON THIS POLICY, OR ANY OF THEM.

YES.

UH, UH, THANK YOU MR. CHAIR.

SO, UH, TOM, IF YOU CAN GIVE ME, MAYBE YOU CAN ENLIGHTEN US ON THE TIMEFRAME.

UM, WHERE, WHERE ARE WE WITH THIS, WITH THE PLANNING BOARD, UM, HAVING LDR, UH, AMENDMENTS BEING HEARD, AND, AND IF WE DELAYED IT TO THE NEXT, UH, LAND USE MEETING, WHAT DOES THAT DO? SO THE, THE, UH, FOR LDR AMENDMENTS THAT INCLUDE AN INCREASE IN FLOOR AREA RATIO, THERE'S A REQUIREMENT FOR TWO PLANNING BOARD HEARINGS.

AND IN BETWEEN THOSE TWO PLANNING BOARD HEARINGS, THERE'S A REQUIREMENT FOR A PUBLIC

[01:00:01]

WORKSHOP.

SO, FOR INSTANCE, THE, UM, THE LAND USE COMMITTEE ENDORSED THE WASHINGTON AVENUE RESIDENTIAL USE INCENTIVES AT YOUR JUNE MEETING, AND WE WERE ABLE TO GET THAT ON THE JULY PLANNING BOARD MEETING AS THE FIRST MEETING.

THE PUBLIC WORKSHOP FOR THAT ITEM IS SCHEDULED FOR NEXT TUESDAY, AND WE ANTICIPATE THAT ITEM GOING TO THE PLANNING BOARD FOR ITS SECOND TRANSMITTAL, UM, MEETING ON SEPTEMBER 24TH.

UM, THESE ORDINANCES WOULD FOLLOW THE SAME TRACK.

IT'S BASICALLY AS SOON AS WE CAN GET THEM TO THE PLANNING BOARD.

AND IN ORDER FOR US TO CALENDAR IT ON THE PLANNING BOARD, WE HAVE TO DO AN IMPACT ANALYSIS WHERE WE WORK CLOSELY WITH PUBLIC WORKS WITH OUR TRANSPORTATION MOBILITY DEPARTMENT TO DO AN ANALYSIS OF THE AREA IN TERMS OF THE EXPECTED IMPACT.

UM, WE'VE DONE THAT FOR WASHINGTON AVENUE, AND THE SAME WOULD BE REQUIRED FOR THESE AREAS OF LINCOLN ROAD.

RIGHT.

SO AS YOU, AS COLLEAGUES, AS YOU CAN SEE, IT CERTAINLY SEEMS LIKE WE ALREADY HAVE A ROBUST WAY OF, OF, OF, OF LOOKING AT THESE, UH, LDRS.

WE DON'T THE THE PLANNING BOARD DOES.

RIGHT.

BUT, BUT TOM, YOU SAID THAT THE PLANNING BOARD AND STAFF HAS TO LOOK AT INFRASTRUCTURE, UH, SANITATION, SEWER, UH, TRANSPORTATION.

THEY TAKE THAT INTO ACCOUNT WITH THE PLANNING BOARD, OR IS THAT, DOES THAT COME BEFORE THE COMMISSION, UH, MEETING OR BOTH? SO AFTER THE PLANNING BOARD TAKES REVIEWS THAT, UH, THAT IMPACT ANALYSIS, UM, THEY WILL THEN TRANSMIT THE ORDINANCE WITH ALL THAT DATA TO THE CITY COMMISSION.

AND AS YOU'RE AWARE, IT REQUIRES TWO HEARINGS BEFORE THE CITY COMMISSION AS WELL AS A SECOND COMMUNITY WORKSHOP MEETING IN BETWEEN FIRST READING AND SECOND READING.

ALL THAT ANALYSIS IS PROVIDED TO THE CITY COMMISSION AS WELL.

AND JUST TO GET THIS RIGHT, SO YOU, WE NEED TO HAVE TWO READINGS ON THE PLANNING BOARD, TWO WORKSHOPS AND TWO COMMISSION MEETINGS, AND WE NEED A SIX SEVENTH VOTE.

CORRECT? YEAH.

SO, UM, AND BECAUSE OF THAT IS WHY I'M SUGGESTING IS WE'RE GONNA BE PUTTING OUR STAFF AND THE PLANNING BOARD THROUGH THAT ENTIRE PROCESS THAT WE MAKE SURE THAT YOU KNOW, THAT THE PUBLIC TRULY IS VERY WELL AWARE AND SEES OUR, OUR VETTING OF THIS, UH, BEFORE WE GIVE THIS ITS FINAL VOTE HERE AT LAND USE.

I, TOM, LET ME, LET ME ASK YOU THIS VOTING ON THIS TODAY AS OPPOSED TO NEXT MONTH, SO THAT WE CAN IN BETWEEN HAVE A SPECIAL MEETING OF THE COMMITTEE TO DISCUSS THESE TOGETHER.

IT WON'T DELAY THIS BY A YEAR.

JUST PUSH US BACK THAT PROCESS BY A MONTH.

CORRECT.

SO IT'S NOT THAT WE'RE GONNA LOSE THE CYCLE, IS THAT CORRECT? THAT'S CORRECT.

THE, THE CYCLE KEEP IN MIND FOR FAR INCREASES IS TWICE A YEAR.

MM-HMM.

.

UM, AND SO SECOND READING WILL ALWAYS LINE UP ON EITHER OCTOBER OR APRIL.

RIGHT.

AND SO, UNLESS THE COMMISSION WANTS TO WAIVE THE CYCLE AND ALLOW THE ORDINANCE TO BE ADOPTED EARLIER, UM, THERE, THERE IS GONNA BE A, A LONGER CYCLE FOR FAR INCREASES.

BUT WE DON'T MISS THE CYCLE, UH, BY, BY, UH, BY HAVING THIS COME TO US IN NEXT MONTH.

NO, TANYA, WITH ALL DUE RESPECT, I'M NOT TALKING ABOUT, UM, WHAT IS BEING DISCUSSED.

WE ARE A SEVEN MILE ISLAND OF SAND IN THE MIDDLE OF THE OCEAN.

WHAT HAPPENS IN ONE NEIGHBORHOOD IMPACTS ANOTHER NEIGHBORHOOD.

WE'RE A MILE APART FROM ALL THESE NEIGHBORHOODS.

I'M NOT SUGGESTING THAT WE HOMOGENIZE ALL THE DIFFERENT PROGRAMS I'M TALKING ABOUT.

LET US TAKE A MINUTE, NOT DELAY ANYTHING BY A YEAR OR SIX YEARS OR SIX MONTHS, BUT HAVE ONE MONTH.

AND WE DON'T EVEN NECESSARILY NEED TO DELAY ANYTHING.

BUT IN BETWEEN ALL THESE 8 MILLION CHECKPOINTS, WHICH ARE GREAT BECAUSE THEY'RE CERTAINLY DIFFERENT FROM THE WAY IT USED TO BE.

ONE OF THE THINGS THAT WE DO IS TAKE ALL OF THE THINGS THAT WE'RE AGREEING ON AND PLOT THEM OUT ON OUR, ON OUR MAP AND SAY, YOU KNOW WHAT? THIS IS HOW IT'S GOING TO LOOK.

THIS IS WHAT WE ARE DOING TO OUR CITY IN THE QUEST OF SERVING OUR RESIDENTS BEST.

I'M NOT TALKING ABOUT DELAYING, AND I'M NOT TALKING ABOUT THE SEWER LINES FOR A DEVELOPMENT ON TWO BLOCKS OF WASHINGTON.

I'M TALKING ABOUT HOW THE CITY IS GONNA HANG TOGETHER BECAUSE ONCE THIS GOES, WE CAN'T ROLL IT BACK.

BUT IN THE PROCESS OVER THE NEXT WHATEVER IT IS, FOUR, SIX MONTHS THAT IT GOES THROUGH ALL OF OUR CHECKPOINTS, WE CAN GIVE OURSELVES

[01:05:01]

THE LEG, THE LUXURY OF A MEETING AND A STAFF RESOURCES.

I GET IT.

AND IT'S NOT LIKE IT'S JUST GONNA APPEAR.

YOU GUYS ARE GONNA HAVE TO, YOUR TEAM IS GONNA HAVE TO MAKE THIS HAPPEN.

BUT TO SEE HOW IT LOOKS LIKE, DO WE REALLY WANT 10 STORY BUILDINGS ON LINCOLN ROAD? LET'S SEE WHAT IT LOOKS LIKE.

YOU KNOW WHAT, MAYBE IT LOOKS GREAT AND WE THINK IT'S WONDERFUL.

MAYBE WE DECIDE IT'S REALLY BETTER IF IT'S BETWEEN FIVE AND SEVEN AND THAT'S FINE.

BUT LET'S HAVE THAT CONVERSATION BEFORE BEFORE WE ARE SO FAR DOWN THE ROAD THAT WE CAN'T TWEAK IT SO WELL, AND, AND, AND, AND COMMISSIONER BOND, I THINK THIS IS WHERE, RIGHT HERE IS WHERE WE HAVE THAT DISCUSSION, BUT I'M TALKING ABOUT HAVING SOMETHING WITH VISUALS.

WAIT, WAIT, WAIT.

I HAVE THE FLOOR.

THIS IS WHERE WE HAVE THE DISCUSSION AS TO THE ZONING POLICY.

BUT I AGREE WITH YOU ON, AS IT RELATES TO THE OTHER IMPACTS, WHICH IS WHY AT ONE POINT THERE WAS SO MUCH CONCERN IN OUR CITY THAT FAR BECAME THIS HORRIBLE TABOO WHEN IN FACT IT IS A GREAT TOOL THAT WHEN USED RESPONSIBLY CAN HELP PEOPLE, PEOPLE THAT ARE BEING PRICED OUT OF OUR CITY, WHOSE LIVELIHOODS ARE BEING AFFECTED.

AND WE COULD RESTORE THE HUMAN FABRIC OF THIS CITY THAT WE HAVE LOST.

SO WHEN USED RESPONSIBLY, THAT FAR CAN BE GREAT, BUT THE ZONING POLICY, THIS IS THE BO THE BODY WHERE WE DISCUSS THAT ZONING POLICY, BUT AS IT RELATES TO HAVING SOME SORT OF SPECIAL MEETING BETWEEN, BETWEEN NOW AND OUR NEXT LAND USE MEETING, I'M VERY MUCH IN FAVOR OF THAT TO CONSIDER THE OTHER IMPACTS THAT ARE NOT NECESSARILY NECESSARILY THE ZONING POLICIES, BUT THE IMPACTS ON, ON THE REST OF, OF, OF THE COMMUNITY.

SO I'M WILLING TO DO THAT IF WE HAVE CONCERNS ABOUT THE ZONING POLICY.

THIS HERE TODAY IS THE VENUE TO DISCUSS, OKAY, THIS ORDINANCE, I'M CONCERNED WITH THIS ORDINANCE BECAUSE IT MIGHT BE IMPOSING ON A HISTORIC DISTRICT.

IT MIGHT BE IMPOSING ON THE CHARACTER OF AREAS THAT PERHAPS ARE, IS MORE CHARACTERISTIC WITH LOW RIGHTS.

I MIGHT BE CONCERNED WITH, UM, YOU KNOW, SIDELINES IF THOSE TYPE OF CONCERNS.

THIS IS A VENUE TODAY TO RAISE THAT.

BUT I DON'T WANT TO, YOU KNOW, GIVE YOU A FALSE EXPECTATION THAT IF WE HAVE A SPECIAL MEETING, THAT IN THAT SPECIAL MEETING IS WHERE WE'RE GONNA BE DISCUSSING SETBACKS AND THAT TYPE OF STUFF.

THIS, TODAY, THIS AND USE COMMITTEE IS THE OPPORTUNITY TO, TO DISCUSS THOSE PARTS OF THE POLICY.

BUT YES, THIS IS THE COMMITTEE THAT HAS THOSE DISCUSSIONS AND MAKE, MAKES RECOMMENDATIONS.

IF AFTER WE HAVE THIS WORKSHOP OR WHATEVER WE'RE GONNA CALL IT, AND WE LOOK AT THINGS HOLISTICALLY, WE SAY, YOU KNOW WHAT? WE HAVE MORE OPPORTUNITY TO BUILD UP A LITTLE TALLER HERE.

AND WE THINK IN, IN RETROSPECT, IT MIGHT BE A LITTLE SMARTER TO MAKE IT A LITTLE LOWER THERE.

ONE, IT, WHEN IT GOES TO THE COMMISSION WITH OUR RECOMMENDATION, WE CAN MAKE A RECOMMENDATION WITH AN AMENDMENT.

LIKE WE'RE NOT SIGNING ANYTHING IN BLOOD RIGHT NOW.

AND I'M NOT SAYING I SUPPORT THIS.

I'VE SAID THIS A HUNDRED TIMES, I SUPPORT THIS, BUT, BUT I WANT US TO GET IT RIGHT AND NOT LET JUST, YOU KNOW, STUFF GET CREATED BECAUSE WE DIDN'T TAKE THE EXTRA STEP THROUGH DURING THE, THE PROCESS WITHOUT PROLONGING THE PROCESS TO SEE HOW IT HANGS TOGETHER.

THAT'S, THAT'S ALL.

YEAH.

THANK YOU MR. CHAIR.

AND, AND THANK YOU, UH, COMMISSIONER BOT FOR, FOR REALLY YOUR THOUGHTFULNESS.

AND YOU, YOU WERE VERY SENSITIVE TO, UH, WHOLESALE CHANGES AND, AND I UNDERSTAND THAT.

UM, AND, AND SO AM I.

UM, SO LEMME JUST GET A COUPLE.

SO TOM, IF WE DO A SPECIAL LAND USE MEETING BETWEEN NOW AND THE NEXT OFFICIAL LAND USE MEETING, IT'S NOT GONNA DELAY ANYTHING.

UM, IT MIGHT PUSH THE PLANNING BOARD HEARING A MONTH, UM, BECAUSE IF, FOR INSTANCE, THE LAND USE COMMITTEE RECOMMENDED IN FAVOR OF THE AREA FROM DREXEL TO ALTON TODAY, WE COULD PROBABLY GET THAT TO PLANNING BOARD, UM, IN OCTOBER.

UH, SEPTEMBER MIGHT BE A STRETCH DEPENDING ON WHEN THE SPECIAL MEETING IS.

WE STILL MIGHT BE ABLE TO GET IT TO THE PLANNING BOARD IN OCTOBER.

OKAY.

UH, SO LOOK, IF WE WANT TO HAVE A SPECIAL LAND USE MEETING TO DISCUSS SPECIFICALLY LINCOLN ROAD, UH, OKAY.

UM, AND, AND I GUESS VET IT A LITTLE BIT MORE, UM, I'M, I'M, I'M OKAY WITH THAT.

UM, I THINK IT WOULD BE A LITTLE UNFAIR TO BRING IN WASHINGTON AVENUE, UM, SEPARATELY BECAUSE THAT'S ALREADY SORT OF IN THE PROCESS.

UM, YEAH.

I MEAN CERTAINLY WE CAN DISCUSS IT AT THE MEETING, BUT I CERTAINLY DON'T WANT TO, IT'S NOT BRINGING BACK THE POLICIES, IT'S JUST SEEING IT.

OKAY.

IT WOULDN'T BE NECESSARILY WHAT, HOW I ENVISION IT IS WASHINGTON AVENUE IS ALREADY IN A PROCESS.

WE CAN'T BRING THAT BACK FROM THE PROCESS.

WHAT I AM, WHAT, WHAT I WOULD IMAGINE WHAT I SEE IS GIVEN THAT THAT'S ALREADY IN THE PROCESS AND NOW WE HAVE OTHER LEGISLATIVE ITEMS THAT

[01:10:01]

WE'RE BRINGING FORWARD, IT'S JUST SEEING HOW DOES IT, OKAY, WE'VE, WE'VE ALREADY GOT THAT IN IN THE PROCESS.

WE HAVE THESE, UH, THAT ARE COMING FORWARD.

IT'S NOT BRINGING IT BACK, UH, TO RECONSIDER IT OR CHANGE IT.

IT'S JUST SEEING, LET'S VISUALIZE IT, VISUALIZE IT ALL TOGETHER, SEE, YOU KNOW, HOW MUCH, HOW MUCH HOUSING DOES IT YIELD? YOU KNOW, UM, YOU KNOW, WHAT DOES THAT, WHAT DOES THAT MEAN? UH, IN TERMS, FOR EXAMPLE, WE KNOW FOR SURE EVEN, EVEN BY TRYING TO ENCOURAGE PEOPLE TO TAKE PUBLIC TRANSPORTATION AND EVEN BY ENCOURAGING PEOPLE TO USE MICRO MOBILITY AND TELLING THEM NO PARKING, WE STILL KNOW PEOPLE ARE GONNA HAVE CARS BECAUSE WE DEAL WITH THIS IN OTHER PARTS OF THE CITY, INCLUDING THE HISTORIC DISTRICT WHERE BUILDINGS DON'T HAVE PARKING.

THE CITY NEEDS TO THINK, OKAY, WE'RE GONNA HAVE TO MAKE ALLOCATIONS TO PROVIDE FOR PARKING, THE CITY WILL.

UH, AND SO JUST, YOU KNOW, THAT TYPE OF, YOU KNOW, MAKING SURE THAT THE LEFT HAND IS TALKING TO THE RIGHT HAND SO THAT THE ZONING POLICIES THAT WE ARE CREATING TRANSLATE, UM, TO THE RIGHT TYPE OF PARKING POLICIES, UH, PUBLIC WORKS POLICIES, POLICE POLICIES TO MAKE SURE THAT WE ARE GROWING, UH, IN THE RIGHT WAY, IF I MAY.

YEAH.

AND THEN, GUYS, LET'S WRAP THIS UP BECAUSE WE HAVE OTHER ITEMS ON THE, ON THE AGENDA.

AND, UH, AND, AND COMMISSIONER FAR YOU WANNA MOVE HAVING THE SPECIAL MEETING AND WE CAN HAVE STAFF, UH, UH, UM, HAVE STAFF, UH, WORK ON SETTING A DATE AND THEN WE CAN BRING THIS BACK TO THE OCTOBER MEETING.

YEAH.

YEAH.

AND, AND, AND I'LL SECOND THAT.

AND THEN JUST TO CLOSE, BEFORE I OPEN UP THE FLOOR TO THE PUBLIC QUICKLY, PLEASE.

SO IT, IT, TO ME, IT IS INCLUDING ALL OF THE AREAS THAT WE'RE TALKING ABOUT BECAUSE, BECAUSE WE NEED TO TALK ABOUT, YOU KNOW, WHERE THE BUS ROUTES GO AND, YOU KNOW, IT'S, THERE ARE WHOLE, WHOLE HOLISTIC THINGS WE NEED TO TALK ABOUT.

SO IT'S NOT TO RE-LITIGATE THE POLICY, IT'S HOW DOES IT WORK TOGETHER AS OUR CITY.

AND THAT'S WHAT THE, THE POINT OF THE, THE MEETING IS.

AND I THINK I'VE BEATEN THIS POOR HORSE TO DEATH.

THANK YOU.

THANK YOU.

UH, IF THERE ARE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THE ITEM, PLEASE APPROACH THE PODIUM.

IF YOU'RE IN PERSON, IF YOU'RE IN ZOOM, PLEASE, UH, RAISE YOUR HAND.

AND BEFORE WE GO TO, TO THE PUBLIC, LET ME RECOGNIZE COMMISSIONER DOMINGUEZ, I JUST HAD A QUICK QUESTION.

SO IF WE HAVE A SPECIAL COMMISSION MEETING, UH, IN SEPTEMBER LAND, USE THAT, UH, A SPECIAL LAND USE MEETING IN SEPTEMBER, CAN IT GO TO THE OCTOBER COMMISSION MEETING? UH, YES.

THE, UH, YOUR ITEM ON THE RESIDENTIAL USE INCENTIVE IS ON THE OCTOBER 30TH MEETING.

AND IF IT'S DISCUSSED AS PART OF THIS SPECIAL MEETING YOU, WE ABSOLUTELY COULD STILL TAKE IT TO THE COMMISSION.

OCTOBER 30TH.

THANK YOU.

YES.

ALL RIGHT.

WITH THAT, I'M GONNA OPEN UP THE, UH, PUBLIC, UH, OPPORTUNITY TO, TO BE HEARD.

DANIEL, YOU HAVE TWO MINUTES TO SPEAK.

THANK YOU.

DANIEL SERAL WITH MIAMI DESIGN PRESERVATION LEAGUE.

SO THIS IS A VERY IMPORTANT INITIATIVE, AND SO WE'RE ALL HAPPY THE COMMISSION IS TAKING THIS ON, BUT I DO WANNA SAY THAT IN 30 PLUS YEARS OF URBAN PLANNING THAT THE CITY'S DONE, THEY'VE ALWAYS HAD MASTER PLANNERS COME AND MAKE WHAT'S CALLED A VISION.

AND THANK YOU FOR, UH, COMMISSIONER BOB FOR BRING THAT UP, BECAUSE THIS WHOLE CITY IS A VISION.

IT'S BUILT ON VISUAL VISIONS OF WHAT WE WANNA MAKE.

AND SO ME PERSONALLY READING THE ZONING, I DON'T UNDERSTAND IT.

I NEED TO GO HOME, MAYBE GO SOMEWHERE QUIET AND UNDERSTAND IT.

'CAUSE THERE'S NO VISUAL AT ALL IN THERE UNLESS I MISS SOMETHING.

SO I'M REALLY HOPEFUL THAT YOU DO HEED TO THE SUGGESTION THAT WE DESIGN THE VISION THAT WE LOOK AT LINCOLN ROAD, WHAT IS THE MAXIMUM HEIGHT THAT WILL BE COMPATIBLE FOR THE HISTORIC DISTRICT AND ALSO ADJACENT TO FLAMINGO PARK, UH, NEIGHBORHOOD.

BECAUSE WITHOUT THAT, I JUST CAN'T SEE.

THIS WOULD BE THE LARGEST UPZONING AND NOW WITHOUT A VOTER REFERENDUM.

SO WE'VE GOTTA CONVINCE US AND THE NEIGHBORHOODS AROUND THESE AREAS THAT IT'S THE RIGHT THING TO DO.

SO I WOULD ASK THAT YOU ENGAGE IN SOME MASSING DIAGRAMS FOR THE NEXT MEETING.

THANK YOU.

THANK YOU, THANK YOU.

AND, UM, TOM, WOULD IT, WOULD IT BE POSSIBLE TO GET SOME, SOME MASSING VISUALS, UH, UH, AT THAT, AT THAT MEETING? YEAH, WE'VE ACTUALLY PUT TOGETHER SOME MASSING VISUALS FOR THE WASHINGTON AVENUE PROPOSAL THAT WE'VE SHOWN TO THE PLANNING BOARD, AND WE'LL MAKE THOSE PART OF THE PACKAGE AND WE CAN DO THE SAME THING FOR LINCOLN ROAD, UM, WHEN IT, WHEN IT COMES BACK TO YOU.

THANK YOU WITH THAT, UH, WAYNE ROBERTS ON ZOOM.

UH, WELCOME.

UH, PLEASE UNMUTE YOURSELF.

THANK YOU, ALEX.

UM, I GOT THE FIRST QUESTION IS, UM, THAT, UH, THERE WERE STATEMENTS THAT THE DEVELOPERS WOULD PROFFER THAT, UM, THAT THE RESIDENTIAL UNITS COULD NOT BE CONVERTED INTO SHORT TERM RENTALS OR MONTHLY RENTALS.

UM, BUT CAN THE COMMISSIONS IN THE FUTURE CHANGE THAT RULING AND MAKE IT ON A FOUR SEVENTH VOTE? UM, UM, UH, TOM, I'M THAT'S, GO AHEAD.

I'M SORRY.

UH, WAYNE, AND I'M JUST GONNA PAUSE THE TIMER, UH, BECAUSE I BELIEVE THIS IS ON A COVENANT, UH, THAT BECOMES A LEGAL DOCUMENT THAT'S,

[01:15:01]

THAT'S, UH, REGISTERED WITH THE COURTS AND RUNS WITH THE LAND.

IS THAT CORRECT, MR. ATTORNEY? THAT'S CORRECT.

AND SO WOULD A FUTURE COMMISSION BE ABLE TO CHANGE A COVENANT, UH, THAT'S REGISTERED WITH THE, UH, COURTS? THE COMMISSION WOULD NEED TO AMEND THE CODE TO DO THAT, AND WOULD ALSO NEED TO RELEASE THE COVENANT.

OKAY.

THANK YOU.

MANY VOTES.

RIGHT, RIGHT.

SO, FOURTH SEVENTHS IN THE FUTURE, IT WOULD TAKE FIVE VOTES TO AMEND THE CODE, AND RIGHT.

IT WOULD TAKE FIVE FOLKS.

IT WOULD TAKE FIVE FOLKS FIVE.

SO, SO THE PROPER, THE PROPER REALLY IS, YOU KNOW, IT'S DISINGENUOUS TO ME, BUT, UM, ADDITIONALLY, UM, UH, 150 FEET ON LINCOLN ROAD, JUST, YOU DON'T NEED A VISUAL TO, TO SIT TO SEE THAT IN, IN YOUR HEAD.

UM, WE'RE NOT MIAMI.

I DON'T WANT TO BE MIAMI.

THIS CITY, THE RESIDENTS OF THE CITY IS BASICALLY VOTED DOWN F FA EVERY FAR, UM, RULING, UH, OR REFERENDUM THAT THAT WAS PROPER BY THE COMMISSIONS OF THE PAST.

UM, I UNDERSTAND THE COMMERCIAL, THE BRICK AND MORTAR COMMERCIAL, UH, WAY OF LIFE OF AMERICA HAS CHANGED DRAMATICALLY OVER THE LAST 20 YEARS WITH AMAZON AND BIG BOX STORES.

I FULLY UNDERSTAND THAT, AND WE HAVE TO DO SOMETHING TO, UH, MAKE THOSE, UH, INVESTORS AND LANDOWNERS, UM, SUCCESSFUL, UM, AS WELL AS THE CITY.

I DON'T THINK 150 FEET MAKES ANY SENSE WHATSOEVER ON LINCOLN ROAD.

UM, YOU'RE TALKING 15 STORIES WHOLESALE, UH, THERE, YOU KNOW, THERE'S GOTTA BE SOME MODERATION AND A VISUAL WILL CERTAINLY MAKE IT, UH, EVIDENT TO ANYBODY IN THIS ROOM, UH, THAT THAT WOULD CHANGE THE DYNAMICS OF MIAMI BEACH IN A, IN A, A TRULY NEGATIVE WAY.

AND THAT'S WHAT I HAVE TO SAY ABOUT THAT.

THANK YOU.

THANK YOU, MR. ROBERTS.

AND JUST, AND JUST FOR CLARITY, UM, I BELIEVE THAT THAT ON ITEM NUMBER THREE, THAT 150 FEET, UH, APPLIES FOR THE AREAS NORTH OF, UH, ON, ON THE AREAS FROM 17TH STREET UP TO LINCOLN, UH, LANE NORTH, WHERE CURRENTLY, UH, YOU'LL SEE, LIKE, FOR EXAMPLE, ON MERIDIAN AVENUE, MR. PLANING DIRECTOR, THERE CURRENTLY ARE BUILDINGS THAT ARE CLOSE TO PRETTY, PRETTY CLOSE TO THAT HEIGHT.

IS THAT CORRECT? CORRECT.

OKAY.

BUT THEN ON THE OTHER PARTS, FOR EXAMPLE, IT GOES NOWHERE NEAR 150 FEET.

ON THE OTHER PARTS, IT GOES TO A HUNDRED FEET AND OTHER AREAS TO 75 FEET.

UH, SO IT DOES, IT, IT, THAT'S ENOUGH ON A SMALLER AREA WHERE IT WOULD GO UP TO 150 FEET.

AND IT'S BECAUSE IT'S IN CONTEXT TO THE HEIGHT THAT'S EXISTING THERE TODAY.

CORRECT.

NOT ON PAPER, BUT ON THE BUILT HEIGHT THAT CURRENTLY EXISTS.

CORRECT.

THANK YOU.

UH, PETER, WELCOME PETER.

CANNABIS ONE LINCOLN ROAD, RITZ CARLTON.

UH, I JUST WANNA SAY THAT THIS IS PROBABLY THE MOST POSITIVE AND UPLIFTING CITY MEETING THAT I'VE EVER ATTENDED.

UH, I REALLY APPRECIATE THE SENTIMENTS I'VE HEARD TODAY, PARTICULARLY THE EFFORTS OF COMMISSIONERS FERNANDEZ AND, UH, SUAREZ.

UM, I JUST WANNA QUICKLY CLARIFY MY ROLE HERE.

UH, I'VE JUST BEEN TRYING TO PROVIDE PRACTICAL INFORMATION TO THE CITY IN THIS COMMITTEE, UM, TO HELP REVITALIZE THE, UM, PARTICULARLY THE 200, 300 BLOCKS, BUT IN A MEANINGFUL WAY THAT ACTUALLY WORKS.

UM, NEITHER MY COMPANY NOR ANY OF MY PARTNERS HAVE ANY ECONOMIC INTEREST IN THE TWO AND THE 300 BLOCK.

BUT THE, THE PEOPLE, THIS IS REALLY ALL ABOUT PEOPLE.

I THINK MORRIS LAPIDUS ALL SAID EVERYTHING HE DID WAS ALL ABOUT PEOPLE.

AND I THINK ALL OF US REALLY BELIEVE THAT.

SO THE, THE PEOPLE THAT SUPPORT OUR COMMUNITY, THE RESIDENTS, AND THE TOURISTS ALIKE, UM, THEY JUDGE THE QUALITY OF LIFE AT A NEIGHBORHOOD LEVEL.

THEY DON'T LOOK AT BUILDING ENVELOPES THE WAY THAT, UH, DEVELOPERS DO.

SO, UM, ANYTHING WE DO REALLY MUST BE ABOUT, UH, REBUILDING NEIGHBORHOODS.

THAT REALLY HAS TO BE OUR GOAL.

AND I THINK THAT'S THE SENTIMENT THAT I'VE BEEN HEARING HERE TODAY, THANKFULLY.

UM, THE PATTERN THAT I'VE BEEN SEEING ON EAST LINCOLN ROAD, UH, FOR A NUMBER OF YEARS NOW IS KIND OF A DEVOLUTION, UH, TO ALMOST, UH, WHAT IT USED TO BE WHEN, UH, MY BROTHER AND I FIRST CAME HERE AND PUT THE RITZ CARLTON IN, AND IT WAS A VERY ROUGH NEIGHBORHOOD AT THAT TIME.

UH, I SEE THAT CYCLICAL PATTERN, UH, HAPPENING AGAIN.

AND, YOU KNOW, A COUPLE YEARS AGO I HAD THE GOOD FORTUNE TO FIND A VISIONARY COMMISSIONER, MR. UH, FERNANDEZ.

AND, UM, WE SHARED THE COMMON UNDERSTANDING THAT, UM, A PUBLIC-PRIVATE PARTNERSHIP WAS A GOOD WAY TO LEVERAGE LIMITED CITY FUNDS TO ACHIEVE DISTRICT-WIDE RESULTS.

AND IN ABSENCE OF A MASTER PLAN, IMPACTFUL DISTRICT PLANS CAN, UM, GET US TO SOME OF OUR DESIRED GOALS QUICKER.

AND THAT'S SORT OF WHAT I'VE BEEN TRYING TO, UM, YOU KNOW, WORK WITH, UH, THE COOPERATION OF THE CITY AND COMMISSIONER

[01:20:01]

FERNANDEZ.

SO, UM, I KNOW THAT, UH, WE HAVE, UH, PRODUCED SOME SUGGESTED, UH, LEGISLATION AND I KNOW STAFF HAS ALSO, UH, AS TOM, UH, CLARIFIED TODAY, COME UP WITH THEIR OWN, UM, UH, VISIONS.

AND I THINK THAT THIS IS REALLY A PROCESS.

I'VE HEARD BOTH COMMISSIONERS, SUAREZ AND, UH, UH, BOT, UH, SPEAK TODAY.

AND I THINK EACH OF 'EM IS A LITTLE BIT RIGHT.

THIS, THIS IS A PROCESS.

AND IF WE'RE GONNA GET THIS RIGHT, THE DEVIL IS IN THE DETAILS.

YES, WE DO NEED TO DO MASSING STUDIES, BUT NOT JUST FOR THE CITY.

DEVELOPERS NEED TO DO THEM TOO, BECAUSE AT THE END OF THE DAY, FOR THIS TO WORK, THEY HAVE TO BACK IN TO SOMETHING THAT'S ECONOMICALLY FEASIBLE.

SO THEY'RE GONNA HAVE TO DO THEIR OWN STUDIES.

UM, I JUST WANT TO SAY THAT, UH, THIS IS GONNA BE MY LAST DEVELOPMENT.

THIS IS MY PERSONAL SWAN SONG.

I'M OFF TO OTHER THINGS.

UH, AS THE OWNER OF ONE LINCOLN ROAD, I REALLY FEEL AN OBLIGATION TO, UM, TO ADD TO THE LEGACY OF THE PEOPLE WHO LABORED BEFORE ME TO MAINTAIN LINCOLN ROAD AND KEEP, UH, KEEP IT WHAT IT IS.

PETER, I WOULD LIKE TO, YEAH, I, I JUST, I, I GAVE YOU AN EXTRA MINUTE.

UH, SO IF YOU COULD WRAP UP YOUR STATEMENTS.

I, I'M DONE.

I'M DONE.

I JUST DO HAVE ONE OTHER REQUEST.

I HAVE A VERY BRIEF, UH, VIDEO THAT, UH, I WOULD LIKE TO SHOW YOU.

I THINK IT'S UNDER TWO MINUTES.

I THINK IT SPEAKS TO A NUMBER OF COMMENTS I'VE HEARD FROM COMMISSIONER BOT AND, AND SOME OF THE OTHER COMMISSIONERS.

I THINK IT MAY BE HELPFUL IF YOU WOULD ALLOW ME TO SHOW THAT, UM, MR. DIRECTOR, HAVE YOU REVIEWED THE, THE, UH, VIDEO? IS THIS THE VIDEO THAT YOU HAD FORWARDED TO US? UM, AND I THINK IT'S SPECIFIC TO THE TWO AND 300 BLOCKS, CORRECT.

SO LET ME, LET ME, LET ME, LET ME, LET ME DO SOMETHING.

LET ME, THERE'S OTHER MEMBERS OF THE PUBLIC THAT ARE STILL ON ZOOM.

LET ME FINISH WITH THEM.

UH, AND OUT OF A COURTESY, A COURTESY TO YOU, BECAUSE YOU HAVE BEEN SO HANDS ON WITH YOUR TIME, UH, SHARING YOUR VISION.

I, I'LL GRANT YOU THE TIME AFTER AND DONE WITH THE, WITH THE OTHER MEMBERS OF THE PUBLIC.

ALRIGHT.

THANK YOU.

THANK YOU.

UH, MARK NEEDLE, YOU HAVE YOUR HAND RAISED.

UH, WELCOME.

YOU HAVE TO, YOU HAVE TWO MINUTES TO SPEAK.

HI, I, UH, HAVE NOT HAD A CHANCE TO READ ANY OF THIS.

UM, I'M JUST LISTENING.

AND, UH, THERE'S SOME THINGS ABOUT IT THAT, UM, THAT I'VE, THAT ARE APPEALING TO THE APPROACH, THE IDEA THAT THERE IS, THAT THIS, THIS WE'RE TALKING ABOUT PROXIMITY TO PUBLIC TRANSIT, ELIMINATING THE PARKING TO REDUCE THE MASSING, UH, THE UNIT SIZE, I THINK I HEARD THERE WAS A MAX OF 1200.

THE AVERAGE SHOULD BE LOWER SO THAT THE, UH, IT MATCHES THE AFFORDABLE, THE NATURALLY AFFORDABLE MIX, UH, THAT WORKS IN A NEIGHBORHOOD LIKE FLAMINGO WHERE I LIVE.

UM, I WOULD, I WOULD JUST SAY, UM, ANYTIME YOU'RE TALKING NOW ABOUT INCREASING FAR, UH, I REALLY AGREE WITH THE SENTIMENT THAT YOU NEED TO MAKE SURE THE PUBLIC UNDERSTANDS.

I COULD GO FROM SUPPORTIVE OF THIS TO VERY UNEASY ABOUT THIS.

DEPENDING ON, UM, WHETHER THE, THE PLAN, YOU KNOW, HOW, HOW MUCH HEIGHT IS IN INVOLVED IN THIS, HOW MUCH IS THE STEP, IS THERE APPROPRIATE STEPPING AWAY FROM, UH, FROM HISTORIC, UH, UH, AREAS.

UM, I WOULD JUST SAY THIS, DON'T GO FOR A HOME RUN WHEN YOU CAN START BUILD A RALLY WITH A, WITH A SINGLE AND THEN ANOTHER SINGLE AND SO FORTH.

UH, IF THE, IF PEOPLE HAVE THE SENSE THAT THIS IS AN OVERWHELMING TIDE OF THINGS THAT MAY BE WELL-INTENTIONED, BUT NOT FULLY THOUGHT THROUGH, UM, IT'LL MAKE PEOPLE LIKE ME VERY UNEASY, AND IT'LL MAKE OTHER PEOPLE PROBABLY, UH, YOU KNOW, UH, EVEN LESS SUPPORTIVE.

WHEREAS GOING SLOWLY AND BUILD, GOING FOR THE SMALL WINS AND MAKING IT VERY UNDERSTANDABLE THAT THESE ARE INCREMENTAL CHANGES THAT HAVE, UH, LEVERAGED LARGER POLICY, YOU KNOW, LIVING CHANGES FOR THE, YOU KNOW, THE SHIFT, UH, IS IMPORTANT.

ONE OTHER THING I DO THINK YOU NEED TO ADDRESS, UH, THROUGH THE CODE, A WAY TO, UH, IF, IF A PROPERTY IS BUILT WITH A BONUS, UH, THAT IS, UM, THAT IS SIX SEVENTHS VOTE, I THINK IT SHOULD NOT BE WITHDRAWN WITH LESS THAN A SIX SEVENTH VOTE.

THE CODE SHOULD ADDRESS THAT AND MAKE IT VERY DIFFICULT TO CIRCUMVENT.

THANK YOU, MARK.

UM, AND MR. ATTORNEY, LET'S, LET'S WORK ON LEGISLATION, UM, REGARDING THE AMENDMENT TO A COVENANT THAT'S PROFFERED.

UM, SPECIFICALLY AS, AS WE WERE DISCUSSING, IF SOMEONE PROFFERS, UH, VOLUNTARILY PROFFERS A COVENANT TO NOT HAVE SHORT-TERM RENTALS IN THEIR PROPERTY, AND THAT'S PART OF AN FAR, UM, INCENTIVES THAT'S GRANTED THROUGH A SIXTH, SEVENTH VOTE OF THE CITY CO COMMISSIONER.

IT ONLY STANDS TO RECENT TO ME THAT A REVERSAL OF THAT THAT WOULD THEN ALLOW TRANSIENT OR SHORT TERM SHOULD, SHOULD AT MINIMUM ALSO REQUIRE A SIXTH, SEVENTH

[01:25:01]

VOTE OF ANY FUTURE CITY COMMISSION.

UH, AND SO I'D LIKE TO WORK ON LEGISLATION ON THAT ALSO, THAT WE CAN LOOK AT THAT AS PART OF ALL OF THESE, UH, ORDINANCES THAT ARE MOVING FORWARD.

NICK, WOULD YOU LIKE TO JOIN ME? CO-SPONSOR THAT? WELL, WELL, WOULDN'T THAT BE PART OF THE ORIGINAL? YEAH, WE CAN INCLUDE THAT AS PART OF EACH ITEM.

YEAH.

SO, OKAY.

SO WASHINGTON AVENUE, WE CAN INCORPORATE IT, CORRECT? YEAH.

OKAY.

OKAY, PERFECT.

BUT AS A STANDING POLICY IN GENERAL, I THINK WE SHOULD HAVE THAT STANDING POLICY, UH, FOR ANY FUTURE, YOU KNOW, OR EVEN PAST.

FOR EXAMPLE, WE HAVE, UH, YOU KNOW, IN THE CPS DISTRICTS IN SOUTH OF FIFTH, WE HAVE INCENTIVES, FAR INCENTIVES THAT WERE ACTUALLY APPROVED BY THE VOTERS.

WE HAVE A NUMBER OF FAR INCENTIVES TO DO AWAY WITH TRANSIENT AND SHORT TERM THAT WERE ACTUALLY APPROVED BY THE VOTERS.

UM, YOU KNOW, A FOURTH SEVENTH VOTE OF A FUTURE COMMISSION SHOULDN'T BE ABLE TO DO AWAY WITH THAT COVENANT THAT THE VOTERS, YOU KNOW, INDIRECTLY APPROVED.

AND SO, AND SO, I JUST WANNA MAKE SURE THAT ASIDE FROM WHAT WE BAKE INTO THESE PIECES OF LEGISLATION, WE HAVE STANDING LEGISLATION THAT WOULD APPLY, UH, THAT TO AMEND FUTURE COVENANTS TO DO AWAY, UH, WITH, UM, WITH, UM, WITH SHORT TERM RENTAL PROHIBITIONS THAT IT REQUIRED THAT SIX SEVENTH VOTE.

THANK YOU, MR. ATTORNEY.

ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK? ANNABEL? GOOD AFTERNOON EVERYONE.

THANK YOU FOR THIS OPPORTUNITY TO SPEAK.

I JUST WANNA SAY THAT ON BEHALF OF THE, YOUR, YOUR NAME FOR THE RECORD, PLEASE.

ANNABEL YPE.

YES.

WELCOME.

ON BEHALF OF THE BID, I THINK, YOU KNOW, WE ARE FEELING VERY POSITIVE AND, AND WE WELCOME THIS OPPORTUNITY TO REIMAGINE THE ROAD AND WHAT IT COULD BE.

UM, BUT I ALSO DON'T WANT IT TO STOP THE TRAIN FROM MOVING FORWARD, BECAUSE I THINK WE'RE AT A POINT WHERE IT'S A CRITICAL NEED NOW TO REALLY DESIGN WHAT LINCOLN ROAD COULD BE IN THE FUTURE.

AND WE KNOW HOW LONG THINGS COULD TAKE SOMETIMES.

SO WHILE I, I DO UNDERSTAND HAVING A VISUAL, I DO UNDERSTAND WHAT IT CAN BE.

I THINK A LOT OF THESE ARE NOT GONNA BE FRONT FACING ON LAKE ROAD.

THERE IS GONNA BE A SETBACK.

I THINK IT'S BEEN VERY PRUDENT AND THOUGHT OUT PROCESS OF THE HEIGHT, UM, FEELING VERY POSITIVE.

THIS IS SOMETHING THAT CAN MOVE FORWARD AND IT WILL BE VERY POSITIVE FOR THE ROAD.

WE NEED YEAR ROUND RESIDENTS, AND THIS WILL AFFORD THE OPPORTUNITY FOR LINCOLN ROAD TO HAVE THAT.

AND I THINK THE BUSINESSES WILL SEE THE SUCCESS OF HAVING THAT.

SO THANK YOU FOR THE OPPORTUNITY.

THANK YOU ANNABELL, AND THANK YOU TO ALL THE MEMBERS OF THE LINCOLN ROAD BID AND THE STAFF FOR THE GREAT WORK THAT YOU'RE DOING, TRYING TO KEEP THE ENERGY ALIVE ON LINCOLN ROAD.

THANK YOU FOR BEING HERE, MR. LARKIN.

WELCOME.

YOU HAVE TWO MINUTES TO SPEAK, SO GOOD AFTERNOON.

UH, MR. CHAIRMAN BOARDER STAFF MICHAEL LARKIN, 200.

SO EAST GAME BOULEVARD HERE TODAY, REPRESENTING THE RITZ-CARLTON OWNERSHIP GROUP WITH PETER VOSS.

STAFF HAS DONE A GREAT JOB IN DRAFTING THIS LEGISLATION.

I JUST HAVE ONE MINOR CHANGE I'D LIKE YOU ALL TO CONSIDER, AND IT'S ABSOLUTELY EXCITING THAT YOU ALL HAVE RECOGNIZED THIS SHRINKING CITY PHENOMENON AND THE DEBILITATING EFFECT IS HAVING UPON OUR CITY IN TERMS OF SO MANY DIFFERENT THINGS.

UM, ONE THING I WANT YOU ALL TO CONSIDER ARE THE SETBACKS.

WHAT I'VE DONE, I'VE HIGHLIGHTED OUR LANGUAGE IN RED, AND THE SETBACKS, AS TOM HAS DRAFTED, IT'S AFTER YOU GET TO 50 FEET IN HEIGHT, THEN THE TOWER PORTION HAS TO SET BACK 50 FEET FROM LINCOLN ROAD AND THEN 25 FEET FROM THE SIDE STREETS.

I THINK THAT'S A BIT MUCH.

IT'S A, IT'S TOO MUCH.

AND WHAT I'M RECOMMENDING IN, IN RESPONSE TO THAT IS THAT GIVE THIS DOOR PRESERVATION BOARD THE SOLE DISCRETION TO SAY, OKAY, IF IT'S NOT GONNA BE 50 FEET, THEN IT CAN BE REDUCED TO 20 FEET.

AND THEN BALCONIES CAN ALSO ENCROACH INTO THIS 20 FOOT AREA BY 10 FEET BECAUSE EVERYONE NOWADAYS WANTS AN EXPANSIVE LIVING AREA WITH THEIR BALCONIES.

I THINK WHEN YOU, WITH THE, WITH THE DEPTH OF THESE LOTS IS NOT SO GREAT.

THESE ARE NOT OCEAN FRONT LOTS, WHICH HAS AN INCREDIBLE DEPTH TO THEM.

THESE ARE LOTS, AND AS YOU GO UP AND DOWN LINCOLN ROAD, THE DEPTH OF THESE LOTS SHIFTS, YOU KNOW, AS YOU GO FARTHER WEST, THEY DON'T GET AS DEEP FROM THE 200 300 BLOCK.

THERE'S SOMEWHAT DEEPER ON THE SOUTH SIDE 'CAUSE THERE'S A PRIVATE DRIVE THERE.

BUT I'M ASKING YOU ALL TO CONSIDER GETTING SOME FLEXIBILITY WITHIN HERE, BECAUSE I'M CONCERNED, AND I DON'T HAVE THE BENEFIT OF A MASSING STUDY YET.

THIS IS JUST MY GUT INSTINCT TELLING YOU ALL THAT.

I THINK A 50 FOOT SETBACK ON LOTS THAT ARE NOT SO DEEP IS OPPRESSIVE, AND IT MIGHT HARM THE REDEVELOPMENT EFFORT.

THANK YOU, MR. LARKIN.

UM, WITH, WITHOUT A MASKING STUDY, I CAN'T AGREE TO THIS AMENDMENT TO, AT LEAST TO MY PIECE OF, OF LEGISLATION.

UM, AND, AND JUST, JUST TO, YOU KNOW, EDUCATE MYSELF AND, AND THE PUBLIC MR. PLANNING DIRECTOR RIGHT NOW, I GUESS THE REQUIREMENT IS, IS, UH, THERE HAS TO BE, UH, A LINE OF SIGHT, UH, STUDY,

[01:30:01]

UH, TO UNDERSTAND THE IMPACT OF, OF HAVING SETBACKS AND NOT HAVING SETBACKS AND TO DETERMINE WHAT THE SETBACKS WOULD BE.

IS THAT CORRECT? YES.

THE LINE OF SIGHTS TAKEN FROM ACROSS THE ROADWAY AND IT, UM, IT'S A LINE DRAWN FROM APPROXIMATELY SIX FEET HIGH AT A DIAGONAL TO THE LOWEST POINT OF THE BUILDING.

AND THEN IT CONTINUES OFTEN.

AND THIS, AND OUR DRAFT POLICY DID AWAY WITH THAT.

AND IT SAID, OKAY, WE WILL DO, UH, A STANDARD 50 FEET BECAUSE IN FACT, EVEN THE LINE OF SIGHT STUDY COULD HAVE REQUIRED A GREATER SETBACK.

CORRECT.

AND SO AS IT IS, YOU KNOW, WE ARE PROVIDING ALREADY AN INCENTIVE.

SO LET'S, LET'S LOOK AT THE MASSING.

LET'S SEE WHAT THE MASSING TELLS US.

UH, AND, UH, AND AS PART OF THE REVIEW, BECAUSE WE'RE GONNA HAVE THIS MASSING AT OUR SPECIAL MEETING, UH, AND, UH, AND HOPEFULLY WE CAN, UH, YOU KNOW, CONSIDER THIS, BUT THIS TO DETERMINE OBJECTIVELY WITH VISUALS WHAT THE TRUE IMPACT OF THE SETBACKS WOULD BE.

ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM ON ZOOM? IF YOU CAN RAISE YOUR HAND OR IN PERSON TO COME TO THE PODIUM.

SEEING NONE, I'M GONNA CLOSE THE PUBLIC OPPORTUNITY TO BE HEARD.

UM, UH, AS A COURTESY, UH, TO A GREAT STAKEHOLDER, UH, PETER, UH, WHO HAS BEEN, UH, A GREAT, UH, WEALTH OF INFORMATION AND WISDOM IN URBAN PLANNING, UH, AND SHARING HIS VISION.

I'M GONNA ALLOW FOR STAFF TO SHOW THE VIDEO THAT'S BEEN SENT, UH, TO THE PLANNING SECURING THE FUTURE OF MIAMI BEACH.

WE ALL KNOW THE PROBLEMS OF CRIME AND DRUGS.

THE CITY HAS BEEN LOSING POPULATION FOR MANY DECADES.

SHRINKING CITIES CREATE LONG-TERM PROBLEMS. VIBRANT CITIES NEED VIBRANT POPULATIONS.

VIBRANT POPULATIONS NEED VIBRANT AMENITIES IN SAFE SPACES.

BUT WHERE IN THE BUILT UP CITY CAN WE CREATE THESE SPACES? THE WASHINGTON AVENUE AND LINCOLN ROAD CORRIDORS HAVE THE POTENTIAL FOR RE URBANIZATION.

SO HOW DO WE DO IT? THROUGH URBANISM 1 0 1 BY DENSITY, BY MIXED USES, AND BY AN ARCHITECTURAL REGULATING PLAN.

SUCCESSFUL CITIES HAVE A PATTERN OF DECREASING DENSITIES RADIATING OUT FROM A MIXED USE URBAN CORE.

BUT MIAMI BEACH'S CITY CENTER IS THE REVERSE OF THIS PATTERN.

IT'S NEITHER DENSE NOR HAS MIXED USES.

TO CHANGE THIS CONDITION, WE MUST CORRECT TWO HISTORICAL ELEMENTS FROM ITS INCEPTION.

LINCOLN ROAD SEGREGATED COMMERCIAL AND RESIDENTIAL USES BANKRUPTCY AND THE DEPRESSION HALTED CARL FISHER'S USE OF TALLER BUILDINGS CAUSING THE RISK AVERSE DEVELOPERS OF THAT ERA TO PUT UP LOWER PROFILE STRUCTURES.

THE LOST SYNERGIES OF THIS LAND USE PATTERN CREATED A VULNERABLE AND PERPETUAL ROLLERCOASTER ECONOMY FOR LINCOLN ROAD AND THE CITY CENTER THAT CAUSES ECONOMIC UNDERPERFORMANCE.

EVEN TO THIS DAY, OUR TASK IS CLEAR.

WE NEED TO CREATE MORE RESIDENTIAL, COMBINE IT WITH RETAIL AND COMMERCIAL, AND CLEAN UP OUR STREETS.

TO ELIMINATE CRIME AND DRUGS, WE NEED NEW LAND USE AND ZONING GUIDELINES.

THIS EFFORT REQUIRES CERTAIN PRINCIPLES.

PROPERTY OWNERS AND GOVERNMENT MUST COOPERATE CLOSELY TO MEET THE OBJECTIVES OF EACH REGULATIONS MUST INCENTIVIZE OWNERS TO REINVEST IN NEW USES.

INCENTIVES MUST ENCOURAGE RAPID ACTION BY OWNERS TO ALTER THEIR PROPERTIES.

AND THE REGULATIONS SHOULD EMPLOY VISUAL ELEMENTS TO HELP ENSURE ARCHITECTURAL INTEGRITY.

TOGETHER WE CAN TURN THIS INTO THIS.

THANK YOU.

UM, AND, UH, SO THERE WAS A MOTION ON THE TABLE, UH, THAT I SECONDED TO, TO HAVE A SPECIAL MEETING OF THE LAND USE C COMMITTEE STAFF WILL WORK ON, ON SCHEDULING THAT MEETING AND WILL BRING THIS ITEM BACK TO THE OCTOBER MEETING OF THE LAND USE COMMITTEE.

AND AT THAT COMMITTEE

[01:35:01]

MEETING, IT IS MY EXPECTATION FOR THERE TO BE A VOTE ON THESE ITEMS. OKAY.

WITH THAT, UH, WE CAN

[5. AMEND THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR ADMINISTRATIVE REVIEW AND APPROVAL OF UNDERSTORY AREAS, AND TO REVIEW THE CURRENT MAXIMUM BUILDING HEIGHT REQUIREMENTS FOR SINGLE-FAMILY HOMES TO PROMOTE RESILIENCY AND REDUCE FLOOD RISK]

CONTINUE TO ITEM NUMBER FIVE, DECIDE STAFF.

STAFF, UH, STAFF IS GONNA WORK ON THAT BECAUSE I DON'T, I MEAN, WHAT IS THERE, IS THERE A DATE THAT ANYONE, WOULD ANYONE LIKE TO PROPOSE A DATE? SEPTEMBER 19TH.

SEPTEMBER 19TH.

COMMISSIONER DOMINGUEZ IS PROPOSING SEPTEMBER 19TH.

ENOUGH TIME.

IS THAT GONNA PROVIDE STAFF ENOUGH TIME TO PREPARE INFORMATION MASSING STUDIES AND THE TYPE OF INFORMATION WE WOULD NEED? YEAH, I THINK THAT IT, IT MIGHT BE A TIGHT PRINT DEADLINE, BUT I THINK THAT WE COULD HAVE, UM, EVERYTHING PREPARED BY THE 19TH, THE 26TH, BUT IN NOVEMBER, THE, IT WOULD NEED TO BE EITHER 19TH OR BEFORE TOM.

WHAT'S THAT? WHAT DO YOU MEAN A TIGHT DEADLINE FOR PRINT TO, WHEN I SAY A TIGHT DEADLINE TO PRINT, WE PROBABLY WOULDN'T BE PRINTING IT UNTIL LIKE A FEW DAYS BEFORE, AS OPPOSED TO A WEEK BEFORE.

I WOULD SAY, LET'S SAY, BECAUSE I ALSO DO BELIEVE, YOU KNOW, WHATEVER YOU PREPARE, IT'S ONLY PROPER FOR THE PUBLIC TO GET IT, YOU KNOW, BE ABLE TO READ IT.

IF WE'RE GONNA HAVE A PUBLIC DISCUSSION, THE 26TH COULD WORK, UH, ON, ON MY CALENDAR IN, IN THE MORNING.

I DON'T KNOW IF THE 26TH CAN WORK WITH, UH, I'M GONNA BE OUTTA TOWN.

I HAVE, I HAVE A MARINE CONFERENCE ON THE 26TH, 25 AND 26TH.

HOW ABOUT ON THE, UH, ON THE 27TH, THE 24TH, THE 27TH? COULD THE 27TH WORK? THAT'S ALSO THE 27TH.

IT'S FROM THE 25TH TO THE 27TH.

UM, THE 20, THE 24TH.

24TH ALSO WORKS BEFORE THE SENIOR BALL.

20 SEPTEMBER.

24TH TUESDAY, HUH? THAT WORKS FOR ME.

OKAY.

WE COULD, UH, ACCOMMODATE ON THE 24TH PLANNING.

THERE'S A PLANNING BOARD MEETING THE 24TH.

UM, BUT THAT MEETING SHOULD BE OVER BY, BY LATE AFTERNOON IF YOU WANTED TO HAVE THE MEETING LIKE AROUND THREE OR FOUR.

OKAY.

THAT, THAT, THAT WORKS FOR ME.

UH, AND TOMMY, YOU'RE SURE WE'LL BE ABLE, YOU'LL BE ABLE TO PUT TOGETHER THE COMPREHENSIVE INFORMATION.

YES.

WE'LL, WE'LL NEED BY THAT DATE.

AND YOU ALL DO A GREAT JOB, UH, IN PREPARING ACTUALLY SOME GRADE, UM, ANALYSIS, ZONING ANALYSIS FOR THE PLANNING BOARD.

AND I WOULD SAY THAT'S THE LEVEL OF ANALYSIS THAT WOULD BE GREAT TO HAVE FOR, UH, THIS MEETING.

OKAY.

UH, YOU KNOW, WE OFTEN DON'T GET THAT, THAT LEVEL OF INFORMATION AT THE CITY COMMISSION LEVEL BECAUSE WE'RE NOT THE LOCAL PLANNING AGENCY.

BUT I WOULD SAY ON SOMETHING AS SUBSTANTIVE AND IMPORTANT AS THIS, IT'LL BE GREAT TO GET THAT LEVEL OF INFORMATION.

OKAY.

ALRIGHT.

SO WITH THAT, UH, WE'LL HAVE A SPECIAL MEETING AT THE LAND USE COMMITTEE ON SEPTEMBER 24TH, AND THE ITEM WILL BE HEARD FOR A VOTE ON IN AT THE OCTOBER MEETING.

OKAY.

WITH THAT, MR. DIRECTOR, LET'S, UH, INTRODUCE ITEM NUMBER FIVE.

OKAY.

UM, ITEM NUMBER FIVE IS AMEND THE LAND DEVELOPMENT REGULATIONS TO ALLOW FOR ADMINISTRATIVE REVIEW AND APPROVAL OF UNDERSTORY AREAS AND TO REVIEW THE CURRENT MAXIMUM BUILDING HEIGHT REQUIREMENTS FOR SINGLE FAMILY HOMES TO PROMOTE RESILIENCY AND REDUCE FLOOD RISK.

COMMISSIONER EZ, THIS IS YOUR ITEM.

UH, I WANNA RECOGNIZE YOU TO SPEAK ON THIS ITEM.

THANK YOU, MR. CHAIR.

SO AS WE HAVE SEEN OVER THE LAST, I THINK A COUPLE MONTHS WHERE WE'VE HAD SOME SERIOUS RAIN EVENTS WHERE WE'VE HAD PROBABLY HUNDREDS OF MILLIONS OF DOLLARS IN, IN HOME, IN, IN DAMAGES, UM, FROM A HUNDRED YEAR STORMS THAT WERE BACK TO BACK IN A MATTER OF DAYS THAT MIAMI BEACH IS VERY SUSCEPTIBLE TO, TO CLIMATE CHANGE.

AND WE'RE AT A CRITICAL POINT NOW WHERE WE HAVE A SITUATION WHERE WEATHER PATTERNS ARE VERY UNPREDICTABLE.

AND ONE THING IS FOR SURE, MIAMI BEACH IS FLOODING MORE AND MORE.

AND ONE OF THE ISSUES FOR SINGLE FAMILY HOMES IS FLOODING SPECIFIC, ESPECIALLY ON ALTON ROAD, AS WE HAVE ALL SEEN.

UM, AND SO I, I DID A LITTLE RESEARCH AND I I WANTED TO SEE HOW WE CAN EASE THE BURDEN OF PROPERTY OWNERS TO, TO RAISE OR TO, TO, TO MITIGATE THIS SORT OF DAMAGE FROM, UM, FROM FLOODING.

AND IT TURNS OUT THAT, UH, THERE IS A PARTICULAR WAY TO BUILD A HOUSE WHERE YOU HAVE AN UNDERSTORY, UH, VERY SIMILAR TO THE SINGLE FAMILY HOMES AND THE KEYS WHERE IT'S LIKE ON STILTS.

UM, HOWEVER, THE UNDERSTORY DOESN'T, DOESN'T VISUALLY APPEAR TO BE ON STILTS.

UH, IT, IT UNIFORMLY DESIGNS FOR THE REST OF THE HOUSE.

UH, AND IF YOU ARE A HOMEOWNER AND YOU

[01:40:01]

WANT TO BUILD A SINGLE FAMILY HOME WITHOUT HAVING TO GO THROUGH A CUMBERSOME PROCESS WITH THE DRB, WHAT YOU CAN DO IS YOU CAN BUILD A, A MOUND OR LIKE A, A, A HILL THAT'S A MOUNTAIN.

YEAH.

AND, UH, YOU CAN BI YOU COULD SORT OF BYPASS THE, THE DRB APPROVAL.

UH, IF YOU WANT TO BUILD AN UNDERSTORY, WHICH REALLY HAS A LOT MORE VALUE, UH, VISUALLY SPEAKING AND, UH, AESTHETICALLY AND AN ACTUAL VALUE BECAUSE THOSE HOMES ARE, ARE MORE VALUED, UH, FINANCIALLY, UH, YOU HAVE TO GO THROUGH A DRB APPROVAL.

UM, AND NOT TO MENTION THAT WHEN YOU, WHEN WE ENCOURAGE HOMES TO BE BUILT ON THESE LARGE MOUNDS FOR FLOOD OF ELEVATION, ANY SORT OF NEARBY HOME THAT IS NOT, THAT, THAT DOESN'T PLAN ON DEMOLISHING AND BUILDING UP, THEY'RE MORE SUSCEPTIBLE TO FLOODING BECAUSE WATER WILL, UH, DISSIPATE TO THE NEXT, THE NEXT DOOR NEIGHBOR.

UM, THERE'S LESS, THERE'S MORE WATER TO DISPLACE.

AND SO WITH AN UNDERSTORY, ON THE OTHER HAND, IT'S MEANT TO FLOOD.

SO IF THERE IS A, A CATASTROPHIC EVENT OR THERE IS A, A MAJOR RAIN EVENT, AND THERE IS FLOODING ON THE FIRST FLOOR, IT'S DESIGNED TO BE FLOODED.

FOR EXAMPLE, IT'S A STORAGE, IT'S A GARAGE.

IT'S WHERE YOU COULD PUT A PING PONG TABLE, UH, IF, IF YOU WILL, UH, HAS MANY USES.

IT'S NOT CONSIDERED LIVING AREA.

UM, AND SO, YOU KNOW, ONE OF THE THINGS THAT I'VE CONSISTENTLY HEARD AND EVERYONE HAS HEARD IS THE BUILDING PROCESS IS, IS VERY CUMBERSOME TO GET A BUILDING PERMIT.

THIS IS ONE OF THOSE BLOCKADES OF GETTING A BUILDING PERMIT.

MOST PEOPLE DO NOT WANT TO GO TO, UH, AND GO IN FRONT OF A DRB BECAUSE YOU HAVE TO HIRE TYPICALLY A, A, A LAWYER TO HELP YOU THROUGH THE PROCESS.

AND TYPICALLY IT'S GONNA TAKE MORE THAN ONE, UH, REVIEW ON THE DRB.

AND SO STAFF RECOMMENDED THIS, I BELIEVE, AT LAST YEAR, AND IT WAS, AND WE DID THE RESILIENCY CODE.

YES.

UM, AND IT WAS A VERY TIGHT DECISION.

GIVEN THE FACT THAT WE'VE HAD ALL THESE RAIN EVENTS IN THE LAST SIX MONTHS, THERE'S JUST GONNA GET WORSE.

AND I CERTAINLY DO NOT WANT TO ENCUMBER OUR RESIDENTS ON, ON RESILIENCY.

I THINK WE SHOULD MAKE SURE THAT WHATEVER INCENTIVES WE HAVE TO UPGRADE THE INFRASTRUCTURE OF THEIR HOMES, WHATEVER WE CAN DO FOR THEM, LET'S NOT PUT ANY ROADBLOCKS IN THE, IN FRONT OF THEM.

SO, UH, I WELCOME THE FEEDBACK OF MY CALL.

THANK YOU, COMMISSIONER DOMINGUEZ, YOU'RE RECOGNIZED.

THANK YOU.

UM, WHEN I STARTED, THE RESILIENCY CODE WAS JUST BEING ROLLED OUT, AND IT WAS ACTUALLY MY ITEM FOR IT TO GO TO DRB, AND IT WAS AT THE RECOMMENDATION OF, UH, SPEAKING WITH SEVERAL STAFF MEMBERS.

SO IT'S INTERESTING THAT NOW A YEAR AND CHANGE LATER, WE'RE TRYING TO TAKE AWAY THE DRB UM, PROCESS FROM IT.

I CERTAINLY DON'T WANT TO ENCUMBER, UH, RESIDENTS, BUT IT WAS PUT IN PLACE FOR A REASON.

AND I'D LIKE TO HEAR FROM, UH, TOM MOONEY TO SEE, UH, WHAT'S CHANGED IN THE YEAR.

SO, JUST AS A POINT OF CLARIFICATION, WHEN WE, UM, BROUGHT THE RESILIENCY CODE AND THE LDR UPDATES TO THE COMMISSION IN 2023, THERE WAS ALREADY A REQUIREMENT IN PLACE FOR DRB REVIEW OF UNDERSTORY HOMES.

WHAT WE HAD RECOMMENDED IS THAT BE REMOVED AND THAT THEY BE ABLE TO BE APPROVED ADMINISTRATIVELY.

THE COMMISSION DISAGREED WITH US, UM, AND LEFT THE DRB REVIEW IN, SO WE HAD RECOMMENDED THAT THE DRB MANDATORY DRB REVIEW BE REMOVED.

UM, BUT THE COMMISSION DISAGREED AND, AND LEFT THE MANDATORY DRB REVIEW.

IT WASN'T, IT WASN'T RECOMMENDED TO KEEP IT RIGHT, BUT IT, YOUR MIC IS NOT ON.

YEAH.

WHAT ARE THE IMPLICATIONS TO TAKE AWAY, UH, THE DRB REVIEW? SO, UM, IF DRB MANDATORY DRB UH, REVIEW WAS REMOVED, UM, ANY APPLICATIONS THAT SOUGHT WAIVERS OR VARIANCES WOULD STILL HAVE TO GO TO THE DRB, UM, BECAUSE IT, IT WOULDN'T ALLOW THOSE.

BUT WHAT WOULD HAPPEN IS PEOPLE WHO ARE PROPOSING AN UNDERSTORY HOME THAT DID NOT SEEK VARIANCES OR WAIVERS THAT ARE BASICALLY BUILT IN ACCORDANCE WITH THE CODE, THEY WOULD NO LONGER BE REQUIRED TO GO BEFORE THE DESIGN REVIEW BOARD.

THEY, THE UNDERSTORY HOMES COULD BE

[01:45:01]

REVIEWED ADMINISTRATIVELY.

SO LET ME JUST SPEAK ON THIS SINGLE, UM, THIS IS MY OBSERVATION ON IT.

INDEPENDENT OF STAFF'S POSITION IMPLEMENTATION WISE, THE HOMES THAT HAVE THE UNDERSTORY, I BELIEVE I PERSONALLY FIND THEM TO BE LESS VISUALLY AND, AND AESTHETICALLY IMPACTING, AT LEAST ADVERSELY IN SINGLE FAMILY NEIGHBORHOODS, ESPECIALLY IN SINGLE FAMILY NEIGHBORHOODS.

WHERE WE'RE TRYING TO PRESERVE IS HISTORIC HOMES.

WHAT I'VE WITNESSED IS THAT WHEN YOU HAVE, WHEN YOU DON'T HAVE THE UNDERSTORY, AND THEN THEY NEED TO BUILD A, YOU KNOW, A BFE, SO THEY CREATE THE MOUNTAIN AND THE RETAINING WALL, THAT HAS A GREATER IMPACT ON THE AESTHETICS AND ON THE SURROUNDING HOMES THAN THE HOMES THAT HAVE THE, HAVE THE UNDERSTORY.

AND IT ALMOST FORCES THE, THE, THE SURROUNDING HOMES TO BE DEMOLISHED AND RAISED TO BE AT THAT SAME ELEVATION.

AND SO, IF, IF ANY NEEDS TO GO TO DRB, IN MY OPINION, IT SHOULD BE THOSE HOMES THAT DON'T HAVE THE UNDERSTORY BECAUSE OF THE IMPACT THAT THEY'RE GOING TO HAVE TO THE ADJACENT PROPERTIES.

AND SO, BECAUSE OF THAT, I, FROM, FROM THE IMPLEMENTATION OF UNDERST STORIES, THE, THE, THE IMPACT THAT UNDERST STORIES HAVE ON A, ON ABUTTING PROPERTIES, I HAVE NOT SEEN A NEGATIVE IMPACT.

IN FACT, I HAVE HOMES AROUND ME, NEIGHBORING ME THAT HAVE UNDERST STORIES.

AND QUITE FRANKLY, I THINK IT'S BEAUTIFUL.

I THINK IT'S, I, I THINK IT'S GREAT AND IT DOES SERVE AN IMPORTANT RESILIENCY PURPOSE.

AND YOU CAN STILL HAVE AN OLDER HOME, AN OLDER LOW SCALE HOME NEXT TO IT THAT'S NOT VISUALLY IMPACTED BY THE RETAINING WALL, BY THIS MONSTROSITY OF AMOUNT.

AND WHAT I WOULD DO, UH, COMMISSIONER, IS NOT ONLY SUPPORT WHAT YOU ARE PROPOSING, I THINK THE OPPOSITE SHOULD ALSO BE DONE.

IF YOU'RE GOING TO, IF YOU'RE NOT GOING TO DO THE UNDERSTORY AND YOU'RE GOING TO DO THE MOUND BECAUSE OF THE GREATER IMPACTS YOU ARE HAVING ON THE SURROUNDING HOMES, THEN THAT DOES HAVE TO GO TO THE DRB FOR, FOR, FOR REVIEW.

MR. CHAIR, I, I TOTALLY FORGOT.

I HAVE A PRESENTATION IF I CAN PUT IT FORWARD.

SURE.

COURSE IT'S A COUPLE SLIDES.

UH, PJ IF YOU COULD PUT IT UP PLEASE.

UH, OKAY.

JUST SO THAT EVERYONE GETS SORT OF LIKE A VISUAL ON, ON UNDERS STORIES.

IF YOU CAN GO TO THE NEXT SLIDE, PLEASE.

UH, THIS IS THE GOAL.

APPROVE UNDER STORIES ADMINISTRATIVELY BASED ON RESILIENCY CODE RECOMMENDED BY THE ADMINISTRATION.

THE UNDERSTORY IS A SUPERIOR TYPE OF HOME UNDERSTORY OFFER BETTER CA CATASTROPHIC STORM SURGE PROTECTION, BETTER RAIN EVENT FLOODING PROTECTION, AND MORE USABLE SPACE.

HILLS MOUNDS SEND WATER DOWNHILL TO FLOOD.

THE NEIGHBORS UNDERSTORY CURRENTLY REQUIRE DRB APPROVAL.

WE NEED LESS RED TAPE FOR BILLING PERMITS, NOT MORE.

UH, NEXT SLIDE PLEASE.

UH, A COUPLE MORE THINGS.

PREVENT WATER FROM REACHING THE INTERIOR OF THE HOME DURING FLOODS.

PROVIDE ELEVATION WITHOUT REQUIRING SIGNIFICANT, SIGNIFICANT TOP TOPOGRAPHICAL CHANGES LIKE GRADING.

BUILDING RR AN OFFICIAL MOUND, UH, ALLOW FOR THE HOME TO BE BLENDED TO THE EXISTING LANDSCAPE CAN BE MORE COST EFFECTIVE THAN CONSTRUCTING A HILL OR MOUND AND PROVIDE INSURANCE DISCOUNTS.

AND SO THAT'S IMPORTANT BECAUSE AS WE ALL KNOW, INSURANCE IS GOING UP SIGNIFICANTLY AND PROVIDING THIS IS CERTAINLY A BENEFIT TO INSURANCE COSTS.

NEXT, NEXT, PLEASE.

UM, CAUGHT CONSISTENT OF NON-HABIT SPACES LIKE A PARKING GARAGE OR STORAGE.

UH, IT CAN BE VENTED TO ALLOW FLOOD WATERS TO, TO FLOAT THROUGH WITHOUT CREATING STRUCTURAL PRESSURE.

ACTUAL, AND BELIEVE IT OR NOT, THERE IS STRUCTURAL PRESSURE WHEN YOU HAVE A MOUND, BELIEVE IT OR NOT, WHICH IS WHAT I'VE LEARNED.

UM, ALLOW WATER TO FLOW NATURALLY, BE NATURALLY BENEATH THE STRUCTURE, HELPS PREVENT WATER FROM POOLING AROUND THE FOUNDATION, REDUCING THE CHANCE OF EROSION.

SO THIS IS ANOTHER THING.

SO IF YOU NOTICE SOME OF THESE HOMES WITH MOUNDS ON, ON IT AFTER A RAINSTORM, IT'S SORT OF JUST THE, THERE'S RAIN PUDDLES JUST SITTING EVERYWHERE IN FRONT AND, AND, AND ON THE SIDES.

AND THEY'RE NOT SUPPOSED TO BECAUSE THEY'RE SUPPOSED TO BE ABLE TO RETAIN THE WATER ON PROPERTY.

BUT IN IMPLEMENTATION, THE WATER DOES FLOW AND THEY'RE NOT ABLE TO TRULY, CORRECT ME IF I'M WRONG, MR. MR. PLANNING DIRECTOR, I MEAN, WHEN YOU HAVE THAT MOUNTAIN, YOU'RE SUPPOSED TO HAVE A CERTAIN LEVEL OF WATER RETENTION TO, TO AVOID THAT, UH, OVERFLOW FLOODING TO THE SURROUNDING NEIGHBORS.

CORRECT.

AND, AND, AND, AND PJ IF YOU GO TO THE NEXT SLIDE, YOU KNOW, I DON'T WANT LABOR.

I WANT TO GO OVER SOME VISUALS.

[01:50:01]

SO, YOU KNOW, THESE ARE SOME VISUALS, UM, UH, OF, OF THE HOMES.

AND YOU CAN SEE THE UNDERSTORY.

UH, YOU CAN GO TO THE NEXT SLIDE.

I THINK THIS GIVES A BETTER, BETTER VIEW.

GO TO THE NEXT SLIDE.

THIS IS MORE REPRESENTATIVE OF, OF, OF AN UNDERSTORY.

AGAIN, IT'S VERY SIMILAR TO THE KEYS.

AND AS EVERYONE KNOWS, WHENEVER THERE'S LIKE A HURRICANE THAT GOES BY THE KEYS, THEY'RE REQUIRED AND THEY'RE ACTUALLY MANDATED TO, TO, TO BE BUILT WITH AN UNDERSTORY.

UH, NEXT SLIDE PLEASE.

THIS IS AN ACTUAL HOME THAT WAS BUILT, UH, AND AS AN UNDERSTORY IN MIAMI BEACH.

NEXT SLIDE, PLEASE.

UH, ANOTHER RENDERING.

AND AS YOU CAN SEE, IT'S, IT'S EVEN, EVEN THE, EVEN THE LANDSCAPING SORT OF BLENDS IN.

OKAY.

UM, AND IT'S MORE VISUALLY APPEALING, ESPECIALLY FROM THE GROUND LEVEL E EXACTLY.

UH, NEXT SLIDE.

JUST ANOTHER ONE.

AND I THINK THAT WAS THE LAST ONE, PJ.

YEAH.

SO YOU, YOU CAN, YOU CAN, YOU CAN, YOU CAN, UH, CANCEL THE SLIDESHOW.

I WANNA RECOGNIZE COMMISSIONER DOMINGUEZ.

BUT FIRST LET ME JUST ASK A QUICK QUESTION.

THE HOME HEIGHT, IS THERE A DIFFERENCE IN THE, IN THE HOME HEIGHT WHEN THERE'S AN UNDERSTORY AS OPPOSED TO THERE NOT BEING AN UNDERSTORY? UNDERSTORY ARE ALLOWED TO HAVE THREE ADDITIONAL FEET OF HEIGHT FOR PURPOSES.

THREE FEET.

YEAH.

THREE FEET.

SO THAT'S NOT EVEN, THAT'S LIKE AND HOW MUCH IS ONE FLOOR? ONE FLOOR IS TYPICALLY ANYWHERE FROM 12 TO 14 FEET.

OKAY.

SO THREE FEET.

SO, SO IT'S NOT THAT AN UNDERSTORY CAN HAVE AN EXTRA FLOOR OF HEIGHT, THEY'RE ABLE TO HAVE THREE FEET.

YEAH.

AND PREDOMINANTLY SO THAT THE UNDERSTORY AREA IS LIVABLE AND, AND OR USABLE, I SHOULD SAY.

AND THOSE HOMES THAT DON'T HAVE AN UNDERSTORY THAT ARE NEW, WHEN THEY CREATE THAT MOUNTAIN, THEY WOULD GENERALLY THEN BE MORE OR LESS THE SAME HEIGHT.

THEY WOULD BE ALLOWED TO BUILD THE SAME HEIGHT EXCEPT FOR THOSE THREE FEET.

CORRECT.

AND IN SOME INSTANCES, THEY MIGHT BUILD TO CLOSE TO THE SAME HEIGHT, BECAUSE HEIGHT IS MEASURED FROM BASE FLOOD ELEVATION PLUS UP TO A MAXIMUM FREE BOARD OF FIVE FEET.

SO IF SOMEBODY DOES A MOUNTAIN THAT IS AT BFE PLUS THREE BFE PLUS FOUR, THE TWO STORY HEIGHT IS BEING MEASURED FROM THERE.

OKAY.

THANK YOU COMMISSIONER DOMINGUEZ.

UH, WHEN SOMETHING'S ADMINISTRATIVE REVIEW, THEN THAT MEANS THAT THE NEIGHBORS DON'T HAVE A HEARING, THEY DON'T KNOW ANYTHING ABOUT IT.

LIKE WHAT HAPPENED WITH YOU AND MERIDIAN WITH THE AIRBNB COULD ADMINISTRATIVE REVIEW.

SO YOU HAD NO IDEA THAT IT WAS THERE, THAT WAS A CHANGE OF USE.

YEAH, THAT WAS A CHANGE.

BUT WITH ADMINISTRATIVE REVIEW IS, IS MY POINT, AS OPPOSED TO, UM, PUBLIC HEARING.

BUT WHAT ENDED UP DOING WAS WHAT WE ENDED UP DOING WHEN, UM, WHEN, WHEN THERE WERE ADMINISTRATIVE REVIEWS, WE REQUIRED A NOTICE OF THE ADMINISTRATIVE REVIEW AS A RESULT OF WHAT HAPPENED, UH, IN SOUTH OF FIFTH, UH, IN THIS CASE, UH, IF THERE WERE TO BE AN ADMINISTRATIVE REVIEW OF THE UNDERSTORY, UM, WHAT WOULD BE THE NOTICE REQUIREMENTS TO, TO THE NEIGHBORS, TO COMMISSIONER DOMINGUEZ'S POINT IN HISTORIC DISTRICTS, WE HAVE A COUPLE OF DIFFERENT NOTICE REQUIREMENTS.

ONE IS A POSTING.

SO IF SOMETHING IS NOT REQUIRED TO GO TO THE HISTORIC RESERVATION BOARD, THE PROPERTY IS POSTED.

THAT SAME REQUIREMENT DOES NOT APPLY TO AREAS OUTSIDE OF HISTORIC DISTRICTS.

SO IN SINGLE FAMILY DISTRICTS, WHEN SOMEBODY MAKES AN APPLICATION FOR A NEW HOME, IF THEY'RE NOT REQUIRED TO GO BEFORE A LAND USE BOARD, THERE'S NO MINIMUM NOTICE REQUIREMENT.

SO MAYBE WE COULD, MAYBE, YOU KNOW, WOULD IT BE POSSIBLE TO, AND, AND, AND TO YOUR POINT, COMMISSIONER DOMINGUEZ, 'CAUSE I AGREE WITH YOU, RAUS DO REQUIRE THE, THE SERVICE NOTICE CERTAIN LEVEL OF NOTICE, UM, COULD IT BE INCORPORATED INTO THE ORDINANCE FOR THERE TO BE A NOTICE POSTED OF THE ADMINISTRATIVE REVIEW IN THE EVENT THE PUBLIC WANTS TO PROVIDE A COMMENTS, STOP IT, IT IT COULD BE INCORPORATED, BUT SINCE THERE WON'T BE A BOARD HEARING, YOU KNOW, ANY, ANY COMMENTS FROM THE, FROM THE NEIGHBOR WOULD HAVE TO BE SENT TO STAFF.

YEAH.

WELL, BUT IT ALSO PROVIDES THE PUBLIC THE OPPORTUNITY TO BE ABLE TO REQUEST STAFF, FOR EXAMPLE, FOR RENDERING.

AND THEY WANNA KNOW, OKAY, WHAT'S GOING NEXT IN MY HOME? AND, AND THAT TYPE OF STUFF.

RIGHT.

UM, SO IT, YOU KNOW.

YEAH, YEAH.

EXACTLY.

LOOK, IF YOU WOULD AGREE.

SURE.

I IF IF WE, IF WE WANNA PROVIDE NEIGHBORS WITH NOTICE THAT THAT'S ALWAYS IMPORTANT.

THAT THAT'S TOTALLY FINE WITH ME.

YEAH.

UM, IT'S, AGAIN, I'M NOT TRYING TO, TO TO, TO, TO, UM, MAKE THE SITUATION BETWEEN NEIGHBORS DIFFICULT.

I'M SIMPLY SAYING THAT, YOU KNOW, THIS IS A STAFF RECOMMENDATION THAT WAS PASSED UP AT THE LAST COMMISSION, THE LAST COMMISSION IN MY OPINION, GOT A LOT OF THINGS WRONG.

I THINK WE'RE HERE TO FIX IT.

THE BUILDING DEPARTMENT PROCESS IS BROKEN, AND THESE ARE, THESE LITTLE WINS ARE SOMETHING THAT WE CAN DO TO REALLY MAKE IT EASY

[01:55:01]

TO BUILD IN MIAMI BEACH.

NOT ONLY MAKE IT EASY, BUT BUILD A BETTER HOME AND, AND, AND A MORE RESILIENT HOME.

SO SOME, A HOME THAT CAN LAST THE NEXT A HUNDRED YEARS.

AND SO, UM, I'M OKAY WITH, WITH LETTING THE RESIDENTS KNOW, UM, I'M POSTING REQUIREMENTS.

SURE.

SO WOULD THAT, WOULD YOU MOVE THE ITEM AND I'LL SECOND WITH THE CHAIR? YEAH, YEAH.

COMMISSIONER BOND, AND THEN I WANNA OPEN UP TO THE PUBLIC AND SO WE CAN THEN MOVE ON TO THE NEXT ITEM.

BUT BY THE WAY, GREAT ITEM.

I'LL, I'LL SECOND IT.

YES.

OKAY.

SO COMMISSIONER BOT.

SO I AGAIN APPRECIATE THE IDEA TO MAKE THIS MORE STREAMLINED AND TO MAKE IT EASIER FOR PEOPLE.

WHEN I WAS ON THE PLANNING BOARD, ALEX, UH, UH, CHAIR FERNANDEZ, I DON'T REMEMBER IF YOU WERE STILL ON THE PLANNING BOARD WITH ME OR IF YOU'D ALREADY BECOME COMMISSIONER, BUT THERE WAS AN ITEM OR A COUPLE OF ITEMS, I DON'T REMEMBER WHERE WE WERE PRESENTED WITH THE OPPORTUNITY TO TAKE, UM, THE VETTING PROCESS OUT OF THE BOARD'S HANDS AND GIVE IT TO THE ADMINISTRATION AS AN ADMINISTRATIVE REVIEW.

AND THE PLANNING BOARD SOUNDLY UNANIMOUSLY REJECTED THAT BECAUSE THE BENEFIT OF HAVING A BOARD REVIEW A PROJECT MEANS THAT THERE ARE MORE EYES ON THE PROJECT AND ISSUES THAT MIGHT NOT HAVE BEEN, UM, RECOGNIZED OR, YOU KNOW, OPPORTUNITIES TO APPROVE THE PROJECT, PROJECT GET DISCUSSED AND, AND AND INCORPORATED.

AND, YOU KNOW, IF THERE'S A WAY TO DO SOMETHING BETWEEN AN ADMINISTRATIVE REVIEW, EVEN WITH A NOTICE, BECAUSE I THINK NOBODY IS GONNA UNDERSTAND HOW THAT WORKS.

AND SENDING IN YOUR COMMENTS DOES NOT ALLOW FOR A ROBUST DISCUSSION TO TRY TO FIND THE BEST SOLUTION.

SO I, I DON'T FEEL LIKE THAT'S SUFFICIENT, BUT I DO UNDERSTAND THE DESIRE TO MAKE THIS A MORE STREAMLINED PROCESS.

I DON'T KNOW WHAT THAT SOLUTION IS, BUT I'M NOT COMFORTABLE WITH IT.

THE ONE THING I WOULD SAY, COMMISSIONER, IS THAT THESE ARE NOT PROJECTS.

THESE ARE PEOPLE'S HOMES.

UH, AND UH, AND, AND WE WANT THEM TO BE MORE RESILIENT.

AND, AND THAT'S, AND I KNOW YOU AGREE WITH, WITH IT, AND I, AND, AND I GET COMPLETELY WHERE YOU'RE COMING FROM.

UM, THE THING IS THAT RIGHT NOW I BELIEVE THE POLICY DISCOURAGES PEOPLE FROM TAKING THE RESILIENT APPROACH.

AND SO THEY'RE STILL BUILDING THAT HOME, OR WE WANT TO CALL IT A PROJECT, BUT WHAT THEY'RE DOING IS THAT THEY'RE DOING SOMETHING THAT IS MUCH MORE VISUALLY IMPACTFUL, WHICH IS THE MOUNTAIN, WHICH THEN PUTS A CONCRETE WALL ON THEIR NEIGHBOR, THAT THE NEIGHBOR HAS TO SEE THAT CONCRETE WALL UP TO THE PROPERTY LINE OR WITH A SMALL SETBACK FROM THE, FROM, FROM THE PROPERTY LINE.

AND THAT THAT DOESN'T HAVE THE REVIEW, UH, FROM, FROM, FROM, FROM THE DRB.

UH, AND SO TO ME IT'S, YOU KNOW, AND ESPECIALLY WHEN WE'RE TRYING TO PRESERVE HISTORIC HOMES, IF I CAN, WHAT WILL PUSH OUT A HISTORIC HOME MORE, HAVING A HOME WITH AN UNDERSTORY AND AT THE SAME ELEVATION, GROUND ELEVATION, BUT WITH AN UNDERSTORY OR HAVING A HOME THAT NOW IS AT A MUCH HIGHER ELEVATION WITH A CONCRETE WALL, WITH SPILL OVER WATER ONTO, ONTO, ONTO THE PROPERTY THAT'S GONNA CAUSE MORE DISPLACEMENT.

AND SO, AND SO I APPRECIATE WHERE YOU'RE COMING FROM AND, UH, AND, UH, YOU KNOW, I I I DON'T SHARE THE SAME OPINION.

I THINK IN THIS CASE THE POLICY IS HURTING.

UM, AND IF ANYTHING, WHAT WE SHOULD BE DOING IS JUST, IS ACTUALLY SENDING THE HOMES THAT DON'T HAVE THE UNDERSTORY TO THE DRB I'M GONNA OPEN UP THE FLOOR TO, FOR, FOR THE PUBLIC WHO WISHES TO SPEAK.

IF YOU'RE ON ZOOM, UH, YOU CAN RAISE YOUR HAND.

UH, DANIEL, YOU HAVE TWO MINUTES TO SPEAK.

THANK YOU COMMISSIONER DANIEL ERALDO.

SO, YOU KNOW, THIS IS AN ISSUE OF A RIGHT TO KNOW, AND I KNOW THIS COMMISSION IS VERY PRO RESIDENT RIGHT TO KNOW.

WHAT I WILL TELL YOU IS SOMEONE WHO GREW UP IN THE SINGLE FAMILY NEIGHBORHOOD IS, THERE'S NOTHING WORSE THAN ALL OF A SUDDEN ONE DAY A BULLDOZER COMING NEXT DOOR TO WHERE YOU LIVE AND YOU AS A RESIDENT HAVING NO IDEA WHAT IS COMING UP.

I MEAN, WE'VE HAD PEOPLE WITH CANCER THAT HAVE BEEN, YOU KNOW, IMPACTED MEDICALLY BY, BY THIS.

SO, YOU KNOW, I THINK TRY TO DIGEST THIS IDEA OF LIKE, THAT THE MOUND IS A REASON.

IT'S NOT ABOUT THE MOUND.

THE MOUND SHOULD ALSO GO TO THE DRB.

I THINK THAT'S THE ISSUE IS THAT UNFORTUNATELY BECAUSE OF THE STATE PREEMPTION, THERE WAS NOW THAT MECHANISM REMOVED FOR REVIEW OF THE PRE 42.

AND SO THE COMMISSION KEPT IN, WELL IF THERE'S AN UNDERSTORY, 'CAUSE MOST OF THE HOMES ARE UNDER STORIES, THEN WE WOULD STILL HAVE THAT REVIEW PROCESS.

THE DESIGN REVIEW PROCESS IS VERY IMPORTANT FOR RESIDENTS, NOT JUST THE HOMEOWNERS THAT ARE BUILDING, UH, BUT ALSO THE PEOPLE THAT LIVE THERE.

SO I WOULD STRONGLY URGE THAT YOU KEEP THE DESIGN REVIEW PROCESS THERE, THAT YOU EQUALIZE IT SO THAT THE MOUNDS GO JUST LIKE THE, THE UNDER STORIES,

[02:00:01]

BUT YOU DON'T REMOVE IT BECAUSE JUST LIKE LAST TIME, YOU'RE GONNA HAVE THE HOAS COME AND SAY, PLEASE DON'T DO THIS.

IF WE WERE IN A COMMUNITY IN NAPLES WHERE EVERY HOME WERE EXACTLY THE SAME, LIKE A SCHAMA COMMUNITY, THEY WOULD HAVE HOA REGULATIONS.

BUT THESE ARE PUBLIC LANDS, UH, PUBLIC NEIGHBORHOODS, UH, EVEN THE ISLANDS ARE ALL PUBLIC, UH, CITY OWNED.

SO WE NEED TO HAVE THIS REVIEW.

IT'S A VERY BAD IDEA TO REMOVE IT, AND YOU'RE GONNA GET A LOT OF COMPLAINTS FROM NEIGHBORS, UH, IF YOU REMOVE IT.

UM, SO I WOULD STRONGLY ENCOURAGE THAT YOU DON'T HAPPY TO MEET WITH ANY OF YOU TO DISCUSS WHY WE GOT TO THIS POINT.

BUT DESIGN REVIEW BOARD HAS BEEN VERY GOOD FOR THE CITY, AND I THINK WE NEED TO CONTINUE THAT STRONG RESIDENT INPUT.

THANK YOU.

THANK YOU DANIEL.

UM, MR. ATTORNEY, THIS IS AN AMENDMENT TO THE LDRS, IS THAT CORRECT? THAT'S CORRECT.

AND THAT MEANS BE, UH, BEFORE IT GOES, UH, BACK TO THE CITY COMM, DOES THIS NEED TO BE REFERRED TO THE PLANNING BOARD OR IS THIS A DUAL REFERRAL TO THE PLANNING BOARD? THIS IS A DUAL REFERRAL, SO THAT MEANS BEFORE IT COMES BACK TO THE CITY COMMISSION, THERE'LL BE A PLANNING BOARD RECOMMENDATION.

THAT'S CORRECT.

AND THE BOARD HASN'T REVIEWED IT YET.

THAT'S CORRECT.

AND SO, AND SO IT'LL BE, YOU KNOW, I'LL VALUE TO COMMISSIONER BOT'S POINT, I'LL, I'LL TAKE INTO CONSIDERATION, I'LL, I'LL VALUE WHAT, WHATEVER THEIR, THEIR INPUT IS, UH, ON THIS.

UM, I JUST, I JUST DO THINK THAT THE POLICY RIGHT NOW DOES DISCOURAGE A RESILIENT, A MORE RESILIENT APPROACH THAT, UH, COULD BE LESS IMPACTFUL TO THE NEIGHBORS.

THERE'S A MOTION AND A SECOND, AND, AND JUST, I JUST WANNA, I JUST WANNA BRING UP A GOOD POINT BECAUSE MR. ERALDO MADE A POINT WHERE, YOU KNOW, ONE DAY YOU SEE A BULLDOZER AND THE NEXT, BUT, YOU KNOW, ON THE FLIP SIDE OF THAT, YOU KNOW, IF YOU HAVE A NEIGHBOR WHO JUST DOESN'T WANT TO SEE ANY SORT OF CHANGE NEXT DOOR, BECAUSE FOR WHATEVER REASON, AND I'VE HEARD MY SHARE OF REASONS, UM, BECAUSE THEY DON'T LIKE THE NEIGHBOR WHO'S COMING IN OR WHO'S BUYING IT, OR THEY JUST SIMPLY DON'T LIKE THE DESIGN BY, BY A, YOU KNOW, BY SORT OF DISCOURAGING DEVELOPMENT, UH, OF THESE SINGLE FAMILY HOMES AND, AND, AND, AND FOR, FOR, FOR WHATEVER REASON, YOU HAVE, YOU HAVE A NEIGHBOR WHO, WHO'S JUST ADAMANT THAT I DON'T WANNA SEE MY, MY NEIGHBOR'S HOUSE TORN DOWN.

I MEAN, THAT'S, TO ME, I, I THINK I HAVE AN ISSUE WITH THAT, ESPECIALLY WHEN IT COMES TO RESILIENCY.

YOU KNOW, W RIGHT NOW WE WE'RE, WE'RE FACING CATASTROPHIC FLOODS, .

I MEAN, WE JUST HAD TWO 100 YEAR STORMS BACK TO BACK IN A MATTER OF DAYS.

AND WE'VE HAD HOMES ON ALTON JUST CONTINUOUSLY GET FLOODED.

AND, YOU KNOW, WE'RE, WE'RE HERE COMPLAINING ABOUT DRAINS, GETTING, UH, NOT NOT BEING CLEANED OUT.

AND HERE WE HAVE AN OPPORTUNITY TO REALLY MAKE SOMETHING MEANINGFUL AND REMOVE THE RED TAPE OF, OF A BILLING PERMIT PROCESS.

I MEAN, YOU KNOW, IT'S EASY TO COME UP HERE AND TALK A BIG GAME ABOUT, HEY, WE'RE GONNA DO SOMETHING FOR THE BILLING DEPARTMENT, BUT WHEN REALLY, WHEN THE RUBBER MEETS THE ROAD AND WE HAVE AN OPPORTUNITY TO, TO, TO SPEED THAT UP AND STREAMLINE IT, WE SHOULD TAKE ADVANTAGE OF THAT.

AND THANK YOU, COMMISSIONER SUAREZ.

COMMISSIONER DOMINGUEZ.

AND WITH THAT, WE'RE GONNA MOVE, JUST WANT TO MAKE SURE, SORRY.

YES.

NO, NO, PLEASE.

I WANNA MAKE SURE THAT, UM, I UNDERSTAND THE MOTION.

IS IT TO, UM, GIVE NOTICE TO THE RESIDENTS NOTICE, UM, THE CITY ADMINISTRATION, UH, DOES THE REVIEW AND THE MOUNDS NOW REQUIRE DRB? WELL, I, I DON'T, DOES, CAN WE INCORPORATE THE MOUNDS GOING TO DRB AS PART OF THIS ITEM IF IT'S FINE? I THINK SPONSOR, I THINK WE COULD.

TOM, DO YOU AGREE? I THINK, YEAH, I THINK THAT, BECAUSE I'LL BE SUPPORTIVE OF THAT.

YEAH.

BECAUSE IT, UM, WE, IT HAS NOT GONE TO THE PLANNING BOARD YET.

WE COULD AMEND THE TITLE TO INCLUDE THAT, BUT, OKAY.

JUST FOR CLARIFICATION PURPOSES, FINE WITH THAT.

COMMISSIONER.

SMART.

THAT'S FOR CLARIFICATION PURPOSES.

YEAH.

UM, THAT WOULD MEAN ALL HOMES OTHER THAN UNDERSTORY HOMES WOULD HAVE TO GO TO DRB BECAUSE, UM, HOME NEW HOMES NOW HAVE TO BE LOCATED AT BASE FLOOD ELEVATION PLUS ONE AT A MINIMUM.

AND TYPICALLY HOMEOWNERS WANT TO GO A LITTLE HIGHER THAN THAT.

AND VIRTUALLY EVERY NEW SINGLE FAMILY HOME THAT'S NOT AN UNDERSTORY IS ON A MOUND.

AND SO LET'S KEEP IT SEPARATE, THEN.

LET'S, LET'S, LET'S KEEP IT SEPARATE SO AND SO THAT WE CAN GET THE INFORMATION.

BUT I DO BELIEVE, UM, WE DO NEED TO ENCOURAGE PEOPLE TO GO THE MORE RESILIENT ROUTE THAT IS LESS IMPACTFUL TO THEIR NEIGHBORS.

I DO BELIEVE THAT THE UNDERST STORIES ARE MUCH LESS IMPACTFUL TO THE NEIGHBORS LIVING CLOSE TO SEVERAL OF THEM, UH, AND LIVING CLOSE TO SEVERAL MOUNTS AS WELL.

UM, AND SO, AND SO, LET'S, LET'S DO SEPARATE POLICY ON THAT SO THAT WE CAN REALLY UNDERSTAND THAT.

BUT IF, IF IT MEANS THAT EVERY HOME THAT GETS BUILT THAT HAS AN UNDERSTORY

[02:05:01]

THAT CHOOSES NOT TO DO THE UNDERSTORY, THAT, THAT EVERY HOME THAT GETS BUILT THAT HAS A AMOUNT THAT CHOOSES NOT TO DO THE UNDERSTORY HAS TO GO TO DRB, YOU KNOW, THAT'S A BIG INCENTIVE, YOU KNOW, NOT HAVING TO GO, YEAH, THAT'S A BIG INCENTIVE IN GOING THE RESILIENT ROUTE.

WE WANT HOMES TO BE MORE RESILIENT.

AND I, I'M SORRY, I DON'T WANT MY NEIGHBOR ONE DAY BUILDING A NEW HOME ON A MOUNT THAT'S GONNA PUT WATER ON MY YARD.

THAT'S THE BIGGEST OFFENSE YOU COULD DO TO THAT, THAT THE POLICIES COULD DO TO, TO, TO, TO NEIGHBORS.

AND SO, AND SO, LET'S, LET'S KEEP IT SEPARATE, BUT I DO WANNA SEE A DRAFT POLICY AND DRAFT ANALYSIS ON WHAT THE POTENTIAL IMPACTS COULD BE, UH, IN HAVING THOSE MOUNTS GO TO THE DRB.

SO THERE'S A MOTION, UH, WAS MADE BY, BY, BY COMMISSIONER SUAREZ.

UH, I SECOND, OH, YOU MOTIONED IT.

I SECOND IT.

OR VICE VERSA.

AND SO WITH THAT, UH, I THINK IT'S 3, 2, 1, 3, 2, 1.

WE CAN SHOW THE ITEM ADOPTED WITH THAT, UM, MR.

[6. DISCUSS PROPOSED 6TH STREET OVERLAY]

PLANNING DIRECTOR, LET'S INTRODUCE ITEM NUMBER SIX.

OKAY.

ITEM NUMBER SIX IS DISCUSS THE PROPOSED SIXTH STREET OVERLAY.

COMMISSIONER DOMINGUEZ.

THANK YOU.

UH, SO THIS ITEM, UH, WAS, UH, SPONSORED BY COMMISSIONER MINOR, AND I AM A CO-SPONSOR.

I'VE BEEN WORKING WITH THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION ON THIS, AND I THINK THAT ALL PARTIES HAVE COME TOGETHER ON LANGUAGE, AND I'LL LET TOM TEE IT UP.

OKAY.

THANK YOU.

UM, COMMISSIONER DOMINGUEZ, UM, WHEN THIS ITEM WAS LAST DISCUSSED AT THE LAND USE COMMITTEE, THE DIRECTION GIVEN TO STAFF WAS TO INCORPORATE THE REMAINING ITEMS, UM, WHERE THERE WAS A DIFFERENCE OF OPINION BETWEEN STAFF AND THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION.

AND THAT INCLUDED THE PROHIBITION OF HOTELS WITHIN 200 FEET ON THE SOUTH SIDE OF SIXTH STREET, AS WELL AS THE ISSUE REGARDING THE MAXIMUM BUILDING HEIGHT FOR PROPERTIES NEAR, UH, SIXTH STREET.

WE STILL CONTINUE TO BELIEVE THAT, UM, IT WOULD BE MORE PRUDENT TO ALLOW UP TO 50 FEET IN HEIGHT, REGARDLESS OF LOT SIZE.

BUT WE HAVE INCORPORATED THE RECOMMENDATIONS OF THE INGLE PARK NEIGHBORHOOD ASSOCIATION IN THE DRAFT ORDINANCE IN THAT REGARD.

THE ONLY REMAINING ISSUE PERTAINING TO THE APPLICABILITY OF PROPERTIES FRONTING LENNOX AVENUE AND THE FOLLOWING DRAFT REVISION TO THE BOUNDARY SECTION OF THE ORDINANCE, UM, HAS BEEN DEVELOPED, UH, WHICH WE BELIEVE ADDRESSES BOTH THE CONCERNS OF THE PROPERTY OWNER, UH, ON LENNOX AND SIX, AS WELL AS THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION.

AND THIS WOULD BASICALLY ESTABLISH THE BOUNDARIES AS, UH, PROPERTIES LOCATED FROM FIFTH STREET TO SIXTH STREET, BETWEEN THE EAST SIDE OF LENNOX AVENUE AND THE WEST SIDE OF WASHINGTON AVENUE, WITHIN THE CP CCPS TWO DISTRICT, EXCEPT FOR THOSE LOTS WITH FRONTAGE ON LENNOX AVENUE AND WASHINGTON AVENUE AS OF JANUARY 1ST, 2022.

UM, HOWEVER, WE ADDED THIS, THE FOLLOWING ADDITIONAL LANGUAGE IN THE EVENT, A LOT WITH FRONTAGE ON LENNOX AVENUE IS UNIFIED WITH ANOTHER LOT.

SUCH UNIFIED SITE SHALL THEREAFTER BE SUBJECT TO THE REGULATIONS HEREIN.

SO IF THE PROPERTY THAT IS ON LENNOX AND SIX REMAINS A STANDALONE LOT, IT WOULD NOT HAVE ANY OF THE REGULATIONS APPLICABLE TO IT.

HOWEVER, IF IT IS COMBINED OR AGGREGATED WITH AN ABUTTING LOT, THEN AT THAT POINT, THE REGULATIONS WOULD BECOME APPLICABLE.

THANK YOU.

UM, SO I'D LIKE TO MOVE THE ITEM, AND I THINK THERE'S PEOPLE HERE TO SPEAK ON IT.

COMMISSIONER DOMINGUEZ, YOU'RE MOVING THE ITEM WITH, UM, WITH, WITH THE LANGUAGE, YEAH, WITH THE DRAFT REVISIONS.

OKAY.

UH, WITH THAT, IF THERE'S MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM, PLEASE APPROACH THE PODIUM.

IF YOU'RE ON ZOOM, UH, PLEASE RAISE YOUR HAND ON ZOOM.

SCOTT, WELCOME.

THANK YOU.

SCOTT NEEDLEMAN WITH THE FLAME PARK NEIGHBORHOOD ASSOCIATION.

NOW, YOU'VE HEARD, UM, THIS HAS BEEN GOING ON FOR, FOR QUITE A WHILE, AND WE'RE HAPPY THAT WE'VE, I THINK ALL PARTIES ARE, ARE ON BOARD NOW WITH THE LANGUAGE.

AND I, AND I DO WANT TO THANK TOM FOR YEARS OF BACK AND FORTH, UH, WITH US, UM, TO GET THIS THROUGH.

UM, SO AGAIN, THANK YOU.

AND, UM, I'LL LET THE, UM, ALSO MICHAEL, UM, UH, SPEAK AS FAR AS THE, UM, YOU KNOW, WHAT WAS GOING ON WITH SOME OF THE PROPERTY OWNERS.

THANK YOU.

THANK YOU, SCOTT.

MARK NEEDLE ON ZOOM.

WELCOME.

YOU HAVE TWO MINUTES TO SPEAK.

HI.

UM, I DO WANNA BE, I GOTTA ECHO, I, I WANNA SUPPORT THE, UH, ITEM.

I APPRECIATE THE EFFORTS, UM, OF EVERYBODY TO ACHIEVE CONSENSUS.

THIS IS DEFINITELY WHAT WE'VE SOUGHT TO DO ALL ALONG.

WE REMAIN OPEN TO WORKING WITH STAFF, UH, TO, AT THE PLANNING BOARD, UH, TO, UH,

[02:10:01]

CONSIDER ANY IMPROVEMENTS TO, TO IT.

BUT HAVING THE FLAMINGO ORDINANCE AS THE BASELINE, I THINK REALLY, UH, IS AN IMPORTANT, UH, STEP.

UH, IT TOOK US EXTRA TIME TO DO IT.

WE DID, YOU KNOW, COME BACK FROM PLANNING BOARD IN ORDER TO, UH, START AGAIN WITH THE MORE, UM, UH, COMPATIBLE, UH, ORDINANCE.

AND I THINK IT'S EASIER TO ADJUST IT FROM THERE AT PLANNING BOARD, UH, IF NEEDED.

AND IT'LL COME BACK TO COMMISSION AS WELL FOR A FINAL.

SO, THANK YOU FOR YOUR WORK, FOR YOUR EFFORTS ALL AROUND.

AND WE ALSO EXPECT TO HAVE A, A, AN APPROPRIATE COMPROMISE ON THE OTHER REMAINING, UM, UH, PRE-APPROVED, UH, YOU KNOW, PREVIOUSLY APPROVED SITE FOR THE, WITH THAT LITTLE SMALL OPEN AIR RESTAURANT ON JEFFERSON.

UM, WE WILL COME TO AN AGREEMENT ON THAT, UH, IN THE SAME SPIRIT, UM, AT PLANNING BOARD.

THANK YOU, MARK.

MICHAEL, WELCOME YOU UP TO MINUTES TO SPEAK.

THANK YOU, MR. CHAIRMAN.

UH, GOOD EVENING, MR. CHAIRMAN.

COMMISSIONER MICHAEL LARKIN TURNER SOUTH BOULEVARD HERE REPRESENTING RUSSELL GALT.

WE HAVE THE PRIVILEGE OF WORKING WITH THE FLAMINGO PARK RESIDENTS.

UM, COMMISSIONER SUAREZ THREW US TOGETHER AND IT WAS, UH, NOT BLOODY AT ALL.

UH, RUSSELL BEHAVED HIMSELF QUITE WELL, AND THE FLAMINGO PARK RESIDENTS WERE ALWAYS VERY COURTEOUS AND KIND.

AS A RESULT, WE ACHIEVED THIS COMPROMISE AND WE ARE HERE TO SUPPORT IT.

SO THANK YOU SO MUCH.

THANK YOU, MICHAEL.

MITCH NOVIK, UH, WELCOME.

YOU HAVE TWO MINUTES TO SPEAK.

GOOD.

EARLY EVENING.

UH, AGAIN, MITCH NOVIK, JUST WANT TO EXPRESS MY SUPPORT FOR THIS ORDINANCE WITH SOME CONCERN, UH, RELATED TO POSSIBLE NOISE, INTRUSION OR NOISE EMANATING FROM THE SMALL RESTAURANT ON THE SOUTHEAST CORNER AT JEFFERSON.

AND SIX.

THANK YOU.

THANK YOU, MITCH.

DANIEL, WELCOME.

YOU HAVE TWO MINUTES TO SPEAK.

THANK YOU.

DANIEL SERAL WITH MIAMI DESIGN PRESERVATION LEAGUE.

AND THANK YOU.

THIS IS A PROCESS WHERE THE COMMUNITY CAME TOGETHER, MADE A PLAN, AND SO THANK YOU TO THE SPONSOR FOR DOING THAT.

I JUST WANNA MAKE SURE THAT THERE WAS THAT LAST MINUTE PROPOSAL TO INCREASE THE HEIGHT ON THAT LOT ON LENNOX, BUT THAT'S NOT IN THIS ORDINANCE.

IT'S A SEPARATE ITEM THAT, UM, THE COMMISSIONER WILL BRING, UM, AT THE NEXT COMMISSION MEETING.

OKAY.

BUT AS LONG AS IT'S NOT PART OF THIS, I THINK THIS, THIS IS GOOD.

THANK YOU.

THANK YOU.

UM, AND I JUST WANT TO CONFIRM ABOUT THE CONCERN HAVING TO DO WITH NOISE.

UH, OUTDOOR NOISE, UH, UH, MUSIC TELEVISION IS BEING PROHIBITED.

UH, AND I BELIEVE IT'S 200 FEET FROM SIXTH STREET, IS THAT CORRECT, MR. PLANNING DIRECTOR? THAT'S CORRECT.

OKAY.

ALRIGHT.

AND, UH, AND SEATING IN THE RESTAURANTS ARE GOING TO BE LIMITED? THAT'S CORRECT.

OKAY.

SO HOPEFULLY WITH THE SAFEGUARDS THAT COMMISSIONER DOMINGUEZ HAS WISELY PUT IN HERE WITH THE SUPPORT OF THE NEIGHBORHOOD, HOPEFULLY THOSE CONCERNS SHOULD BE ABATED.

UH, COMMISSIONER, UH, BOB, YOU, YOU'RE RECOGNIZED.

THANK YOU.

UM, IT'S KIND OF A THRILL TO SEE THIS COME TO FRUITION.

IT'S COME BEFORE THE PLANNING BOARD WHEN I WAS ON THE PLANNING BOARD.

AND SO IT'S KIND OF, UH, FULL CIRCLE TO SEE IT COME BE BATTED AROUND A NUMBER OF TIMES, GO BACK TO THE DRAWING BOARD, UM, PEOPLE WHO MIGHT BE ON OPPOSITE SIDES OF THINGS COME TOGETHER TO FIND THE, THE PATH FORWARD.

SO WITH THAT, I WILL VERY HAPPILY SECOND IT.

EXCELLENT.

AND COMMISSIONER DOMINGUEZ, CORRECT ME IF I'M, IF, IF, IF, IF I'M WRONG, I BELIEVE AS PART OF YOUR ORDINANCE, IT'S ALSO PROHIBITING OUTDOOR BARS.

IS THAT CORRECT? TOM, CAN YOU EXPAND ON THAT? ACTUALLY, OUTDOOR BARS WERE ALREADY PROHIBITED IN THE CPS DISTRICT, SO, OKAY.

ALRIGHT.

GREAT.

ALRIGHT.

SO THERE REALLY SHOULDN'T BE ANY CONCERNS, UH, WITH, WITH NOISE.

GOOD JOB, COMMISSIONER DOMINGUEZ.

UH, SO THE ITEM'S BEEN MOVED AND SECONDED, I THINK BY ACCLAMATION WE COULD, UH, SHOW THAT ADOPTED EXCELLENT WORK.

THANK YOU.

WITH THAT, LET'S MOVE ON TO

[7. DISCUSS CREATING A REGISTRY OF PLANNED RESIDENTIAL DEVELOPMENTS IN ZONING DISTRICTS WHERE SHORT-TERM RENTALS ARE PERMITTED, TO ENSURE PROPERTIES COMPLY WITH THE CITY’S SHORT-TERM RENTAL REGULATIONS AND FACILITATE CODE ENFORCEMENT EFFORTS, IN THE EVENT THAT ANY UNITS ON THE PROPERTY ARE RENTED ON A SHORT-TERM BASIS.]

ITEM NUMBER SEVEN.

OKAY, MR. CHAIR, ITEM NUMBER SEVEN IS DISCUSS CREATING A REGISTRY OF PLANNED RESIDENTIAL DEVELOPMENTS AND ZONING DISTRICTS WHERE SHORT-TERM RENTALS ARE PERMITTED TO ENSURE PROPERTIES COMPLY WITH THE CITY'S SHORT-TERM RENTAL REGULATIONS AND FACILITATE CODE ENFORCEMENT EFFORTS IN THE EVENT THAT ANY UNITS ON THE PROPERTY ARE RENTED ON A SHORT-TERM BASIS.

COMMISSIONER BUNT, THIS IS YOUR ITEM.

YOU'RE RECOGNIZED.

YEAH.

THANK YOU.

SO, UM, AS EVERYBODY IS PAINFULLY AWARE, WE ARE PREEMPTED FROM DOING VERY MUCH OF ANYTHING ABOUT SHORT TERM RENTALS.

UM, THIS IS, UM, JUST GIVING US THE OPPORTUNITY TO KNOW WHERE SHORT TERM RENTALS ARE EITHER ALREADY OPERATING OR PLANNED TO BE OPERATING.

SO WE CAN ENSURE THAT IF THEY ARE, THAT THEY ARE CO UM, COMPLYING WITH THE RULES OF OUR CITY, INCLUDING BT AND, UM, PAYING THE, THE APPLICABLE TAXES AND FEES, ET CETERA.

BECAUSE ONE OF THE THINGS RIGHT NOW IS THAT A LOT DON'T, AND

[02:15:01]

DON'T KNOW THEY'RE SUPPOSED TO.

AND SOME OF THE PLATFORMS WORK WITH THE CITY TO BE COMPLIANT, AND SOME TELL US TO TAKE A LONG WALK OFF A SHORT PEER, UM, YOU KNOW, IT HELPS EVERYBODY JUST KNOW WHO'S DOING WHAT, UM, SO THAT WE CAN PROPERLY PROCEED AS A CITY, AS COMMUNITIES AND AS NEIGHBORS.

AND TOM, YOU CAN PROBABLY DO MORE JUSTICE THAN THAT NOW.

I, I THINK YOU COVERED IT.

AND I THINK, JUST FOR CLARIFICATION PURPOSES, UH, COMMISSIONER BO WHAT YOU'RE TALKING ABOUT IS A REGISTRY OF ANY RESIDENTIAL BUILDING THAT WOULD BE ELIGIBLE TO HAVE SHORT-TERM RENTALS WITHIN A DISTRICT.

BECAUSE CURRENTLY WE DO HAVE A REQUIREMENT THAT ANY SHORT-TERM RENTAL OBTAIN A BTR FOR EVERY UNIT.

BUT I THINK WHAT YOU'RE TALKING ABOUT IS ALL THE BUILDINGS THAT WOULD BE ELIGIBLE AT SOME POINT IN THE FUTURE, EVEN IF THEY'RE CURRENTLY NOT DOING IT WELL.

AND WE ALSO KNOW THAT NOT ALL SHORT-TERM RENTALS ARE DOING WHAT THEY'RE SUPPOSED TO, SO THEY'RE NOT ALL REGISTERING.

RIGHT.

SO IT'S, IT WILL HELP US ENFORCE YEAH.

PROPERLY, EVEN IF THEY'RE PERMITTED TO, THEY'RE STILL SUPPOSED TO OPERATE AS A PROPERLY FUNCTIONING BUSINESS.

AND SO THIS WILL JUST GIVE US A, A TOOL IN THE TOOLBOX TO MAKE SURE THAT EVERYONE'S DOING WHAT THEY'RE SUPPOSED TO WITH THAT, IS THAT A MOTION ON YOUR ITEM? SURE.

I'LL SECOND IT.

ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? IF YOU'RE IN PERSON, FEEL FREE TO COME TO THE PODIUM.

IF YOU'RE ON ZOOM, RAISE YOUR HAND.

THANK YOU.

DANIEL ERALDO WITH MDPL.

I JUST WANNA SAY THIS IS SO IMPORTANT, LIKE IN TOWN CENTER THAT WE THOUGHT WE HAD THAT MASTER PLAN AND THEN IT ENDED UP BEING ALL SHORT-TERM RENTALS.

SO THANK YOU COMMISSIONER FOR BRINGING THIS FORWARD.

WE NEED TO MAKE SURE ALSO IN OUR NEW MASTER PLANS FOR LINCOLN ROAD, WASHINGTON AVENUE THAT WE, WE DON'T, WE DON'T LET HAPPEN WHAT HAPPENED IN TOWN CENTER BECAUSE THAT WOULD BE ANOTHER DECADE LOSS.

THANK YOU.

THANK YOU DANIEL.

UH, SARA DE LOS ON ZOOM.

WELCOME.

YOU HAVE TWO MINUTES TO SPEAK, SARAH, YOU NEED TO UNMUTE.

OH, I, YEAH, I WAS UNMUTE.

UM, UM, GOOD AFTERNOON, UH, UH, COMMISSIONERS.

YES, I DO, I DO LIKE TO SEE THAT.

THAT WOULD BE REALLY GREAT.

EVEN THOUGH WE, YOU KNOW, OUR AREA, WE COULD HAVE SHORT-TERM RENTALS.

WE PROBABLY HAVE, WE'LL HAVE ONE BUILDING BUILT FOR SHORT-TERM RENTALS.

AND I THINK I WOULD LIKE TO SEE HOW YOU GUYS ARE GOING TO MITIGATE THAT.

THAT WILL BE REALLY, REALLY GREAT.

AND AT LEAST SO PEOPLE, RESIDENTS ARE AWARE THE AREAS THAT THIS COULD BE BUILT OR NOT, OR IS IT COMING TO THE AREA.

THAT WOULD BE REALLY GREAT IN ADVANCE.

THANK YOU.

THANK YOU, ADA.

BUT I'M GONNA CLOSE THE PUBLIC OPPORTUNITY TO BE HEARD.

UH, TOM, UH, ANYTHING ELSE TO BE PLACED ON THE RECORD? UH, YEAH, I JUST WANTED TO CLARIFY MR. CHAIR, THAT WHAT WE'LL BE DOING IS MOVING THIS ITEM TO THE CITY COMMISSION FAVORABLY WITH DIRECTION TO THE ADMINISTRATION TO DEVELOP THE REGISTRY STRUCTURE IN COORDINATION WITH THE ADAM SPONSOR.

THANK YOU.

UH, I'LL BE HAPPY TO SECOND YOUR MOTION.

COMMISSIONER BOTT, IF YOU MOVE YOUR ITEM.

YES.

SO MOVED.

ALL RIGHT.

SECOND BY THE CHAIR BY ACCLAMATION.

LET'S SHOW THAT ITEM ADOPTED.

WITH THAT, LET'S GO

[8. DISCUSS A POSSIBLE ORDINANCE TO REQUIRE PROPERTY OWNERS TO PROPERLY DISPOSE OF YARD TRIMMINGS/LEAVES TO AVOID CLOGGING OF STORMWATER DRAINS]

ON TO ITEM NUMBER EIGHT, MR. DIRECTOR.

OKAY.

UH, ITEM NUMBER EIGHT IS DISCUSS A POSSIBLE ORDINANCE TO REQUIRE PROPERTY OWNERS TO PROPERLY DISPOSE OF YARD TRIMMINGS AND LEAVES TO AVOID THE CLOGGING OF STORMWATER DRAINS.

UH, COMMISSIONER BOT, I BELIEVE THIS IS YOUR ITEM.

YOU'RE WELCOME TO INTRODUCE YOUR ITEM.

THANK YOU.

AND I THINK DAVE, UH, COMMISSIONER SUAREZ HAD THE SAME IDEA.

UM, SO IT'S BASICALLY, UH, THE NOTION THAT RIGHT NOW PEOPLE, UH, DO YARD WORK OR HIRE PEOPLE TO DO YARD WORK, AND THEY'RE VERY HAPPY TO SWEEP THINGS DOWN THE DRAINS.

AND WHEN WE HAVE BIG STORMS OR, OR THEY, THEY JUST DON'T REALLY THINK ABOUT THE DRAINS AS SOMETHING THAT NEEDS, NEED TO BE A LITTLE BIT MORE PROTECTED.

AND SO WHEN WE DO HAVE THESE BIG STORMS, THE DRAINS DON'T OPERATE AS FULLY AS THEY SHOULD BECAUSE THEY'RE ALREADY CLOGGED WITH NORMAL LANDSCAPING DETRITUS.

AND SO, UM, I WOULD LIKE TO, AS OTHER CITIES DO ALREADY, UM, UH, MAKE IT, UH, THE RESPONSIBILITY OF THE HOMEOWNER TO BAG UP THEIR LAWN TRIMMINGS AND THEY'LL USE AND BRANCHES AND THEY CAN EITHER BRING THEM TO GET COMPOSTED OR THEIR LAND LANDSCAPING COMPANY CAN TAKE THEM OFF SITE, BUT THEY SHOULD NOT BE GOING DOWN OUR CITY DRAINS.

UM, OTHER CITIES DO THIS ALREADY.

AND, YOU KNOW, THERE'S, THERE ARE A LOT OF DIFFERENT WAYS TO ATTACK RESILIENCY.

THIS IS ONE MORE, AND IT'S NOT PARTICULARLY ONEROUS.

THANK YOU.

UH, IS THERE COMMENTS FROM THE DA ON THIS ITEM? UH, I SEE WE HAVE OUR PUBLIC WORKS DIRECTOR HERE.

UM, IS THERE ANY COMMENTS FROM THE ADMINISTRATION ON THIS COMMISSIONER BAR? DO YOU HAVE A MOTION ON YOUR ITEM? I DO.

I MOVE IT.

I'LL SECOND.

AYE.

AND, UH, BY ACCLAMATION WE CAN SHOW THAT ADOPTED.

I I'M SORRY.

ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? I THINK ADA LOS HAS HER HAND RAISED, BUT I THINK THAT MIGHT BE FROM

[02:20:01]

THE LAST ITEM.

I DON'T KNOW.

ADA.

NO, NO.

I'M SORRY.

LET ME LOWERED IT.

.

YES.

ALRIGHT, WITH THAT WE CAN SHOW THIS ITEM ADOPTED.

UH, THANK YOU COMMISSIONER BO.

UH, WITH THAT, LET'S

[9. EXPEDITE THE OPENING OF THE BAYWALK AND MOVE THE DEVELOPMENT OF THE BAYWALK UP ON THE G.O. BOND PRIORITIZATION LIST; AND PRESENT THE BAYWALK PLAN TO THE LUSC COMMITTEE.]

MOVE ON TO ITEM NUMBER NINE, MR. DIRECTOR, LET'S INTRODUCE THE ITEM.

OKAY.

UH, ITEM NUMBER NINE IS EXPEDITE THE OPENING OF THE BAY WALK AND MOVE THE DEVELOPMENT OF THE BAY.

WALK UP ON THE GEO BOND PRIORITIZATION LIST AND PRESENT THE BAY WALK PLAN TO THE LAND USE AND SUSTAINABILITY COMMITTEE.

THANK YOU.

UH, COMMISSIONER DOMINGUEZ, YOU'VE BEEN LEADING ON THIS ITEM, PLEASE.

UH, THANK YOU.

GIVE US AN UPDATE.

UH, WELL, DAVID GOMEZ AND I ARE BECOMING BFFS AND, UH, WE TALK SO OFTEN ABOUT THE BAY WALK AND, UH, WE DID JUST A FEW DAYS AGO.

AND IF YOU COULD GIVE AN UPDATE, UH, TO US HERE ON THE DAYS, I'D APPRECIATE IT.

HAPPY TO.

UH, AS PART OF A, SORRY.

DAVID GOMEZ, UH, INTERIM DIVISION DIRECTOR WITH CAPITAL IMPROVEMENTS AS PART OF A STANDING ITEM ON THE COMMISSION AGENDA, WE'VE BEEN COMING BACK MOSTLY TO GIVE UPDATES ON THE BAY WALK PROJECTS.

UH, THE, THE DEVELOPER RESPONSIBLE FOR THE FABRICATION OF THE CONSTRUCTION DESIGN AND CONSTRUCTION OF THE PEDESTRIAN BRIDGE HAS AGREED TO COME REGULARLY AND, AND PROVIDE THEIR UPDATES.

THEY HAVE MADE SOME PROGRESS OVER THE LAST MONTH OR TWO, PARTICULARLY WHEN, WITH REGARD TO PERMITTING WITH DOT.

UH, AND THEY'VE MADE SOME ADVANCEMENTS ON SOME OF THE DEWATERING PERMITS THAT ARE REQUIRED.

AND I HAVE THE DEVELOPER HERE TO GIVE YOU A MORE SPECIFIC UPDATE.

SURE.

WELCOME, UH, HECTOR MORE WITH TARA.

UM, AS FAR AS THE PEDESTRIAN BRIDGE, WE, WE, WE'VE BEEN ADVANCING WITH, UH, F-D-O-T-F-D-O-T NOW IS AT, UH, LAST STAGES OF, OF, OF APPROVALS ROUTING THE, THE APPROVALS.

UM, THEY'VE ACCEPTED ALL, ALL COMMENTS OR RESPONSE TO THE COMMENTS OF THE PEDESTRIAN BRIDGE.

UM, WE'VE GOTTEN ALL, UH, DERM APPROVALS FOR, FOR DEWATERING AS WELL.

UM, AND WE'VE GOTTEN OUR DRB AND OUR, UM, MOT CONCURRENCE LETTERS ISSUED BY CITY OF MIAMI BEACH.

SO WE'RE, WE'RE KIND OF IN THE LATE, THE LA LAST STAGES OF BEING, BEING ABLE TO START, UH, PROBABLY AT THE END OF THIS MONTH.

UM, SO ONCE WE GET EVERYTHING ALIGNED, WE CAN, WE CAN DEFINITELY START WORK, UM, GETTING OUT THERE TO START, UH, MOBILIZING OUR UTILITIES.

ARE YOU BEHIND IN ANY WAY WITH YOUR PROJECT SCHEDULE? WELL, SO BECAUSE OF, BECAUSE OF PERMITTING, WE ARE, WE ARE PUSHING BACK, BUT I THINK WE'RE STILL GONNA BE AT THE END OF, AT THE END OF NIGHT, UH, AT THE END OF 25 TO COMPLETION.

UH, WE'RE STILL TARGETING THAT.

UM, HOW DELAYED ARE YOU? RIGHT, RIGHT NOW? WE'RE STILL SHOOTING FOR THE END OF, OF 25.

IS WE, WE'VE ALWAYS BEEN PROJECTING WHAT ON YOUR PROJECT SCHEDULE, WHERE WERE YOU SUPPOSED TO BE NOW AND WHERE ARE YOU AT NOW? SO WE WERE SUPPOSED TO BE STARTING WITH, UH, UTILITIES AT THE, IN SEPTEMBER, EARLY SEPTEMBER.

SO NOW WE'RE TARGETING END OF SEPTEMBER.

SO WE'RE JUST GONNA HAVE TO ACCELERATE A LITTLE BIT OF THAT WORK TO, TO TO, TO BE ABLE TO, TO ADVANCE ON THAT.

OKAY.

UNDERSTOOD.

THANK YOU.

IF WE COULD BRING IT BACK NEXT MONTH AND CONTINUE GETTING UPDATES.

YES.

THANK YOU.

THANK YOU.

THANK YOU JOE.

THANK YOU DAVID.

THANK YOU HECTOR AND COMMISSIONER DOMINGUEZ, THANK YOU FOR YOUR CONTINUED LEADERSHIP ON THIS ITEM.

UM, LET'S INTRODUCE

[10. REVIEW THE FUTURE LAND USE MAP CLASSIFICATION FOR PRIDE PARK]

ITEM NUMBER 10, MR. DIRECTOR.

OKAY.

ITEM NUMBER 10 IS REVIEW THE FUTURE LAND USE MAP CLASSIFICATION FOR PRIDE PARK.

ALRIGHT, THIS IS AN ITEM I'VE PLACED ON THE AGENDA BECAUSE UNDER OUR COMPREHENSIVE PLAN, UM, THE, UM, AND UNDER THE FUTURE LAND USE MAP, UM, PRIDE PARK IS CURRENTLY CLASSIFIED AS A PUBLIC FACILITIES, UH, IN THE CIVIC AND CONVENTION, UH, CENTER, UH, DISTRICT.

UM, AND WHICH WHAT THAT MEANS IS THAT IT PROVIDES FOR DEVELOPMENT OPPORTUNITIES.

IT PROVIDES FOR OPPORTUNITIES.

UH, IF THE CONVENTION CENTER EVER WANTED TO EXPAND, IT COULD EXPAND INTO PRIDE PARK.

IF SOMEONE ONE DAY WANTED TO BUILD A STRUCTURE ON PRIDE PARK, THEY COULD POTENTIALLY BUILD A STRUCTURE ON PRIDE PARK.

UM, AND IT WOULDN'T BENEFIT FROM THE SAME PROTECTIONS THAT PARKS HAVE IN THE CHARTER BY THIS, UH, CHANGE TO THE, TO THE FUTURE LAND USE MAP CLASSIFICATION FOR, UM, FOR, FOR PRIDE PARK, WE WOULD BE CHANGING IT TO RECREATIONAL OPEN SPACE WITHIN THE CONVENTION CENTER DISTRICT.

PUTTING IT UNDER THAT RECREATIONAL OPEN SPACE, UH, CATEGORY UNDER THE FUTURE LAND USE MAP WOULD GIVE IT THE SAME CLASSIFICATION THAT ALL OF MY OTHER IMPORTANT ICONIC PARKS HAVE AND GRANTED THE SAME CHARTER PROTECTIONS, UH, THAT ALL OTHER PARKS HAVE.

AND MOST IMPORTANTLY, IT WILL PROTECT IT FROM THEIR BEING, YOU KNOW, EASILY, YOU KNOW, ABOVE A BALLROOM, A GARAGE, AN EXPANSION OF THE CONVENTION CENTER EVER HAPPENING ON THAT SITE.

UM, MR. PLANNING DIRECTOR, UH, IS THERE ANYTHING ELSE? DO YOU NEED TO CORRECT ME ON ANYTHING THAT I'VE STATED? NO, EVERYTHING'S FINE.

OKAY.

UH, IS THERE COMMENTS FROM THE DAYS? I'LL MOVE YOUR ITEM.

I'LL SECOND IT.

ANY OTHER COMMENTS? COMMISSIONER BOT? I JUST HAVE A QUESTION FOR CLARIFICATION.

YES.

I'M SUPPORTIVE OF THIS, SO THAT'S NOT AN ISSUE, BUT JUST SO I UNDERSTAND,

[02:25:01]

DOES THIS CHANGE HOW, I MEAN, WE'VE HAD A LOT OF CONVERSATIONS WITH RESIDENTS THERE AND WITH, UH, STAFF ABOUT HOW THIS PARK GETS USED BY THE CONVENTION CENTER.

DOES THIS LIMIT FURTHER THAN WHAT WE'VE ALREADY LIMITED? UM, THE NUMBER OF DAYS THAT IT CAN BE USED? NO, IT DOESN'T LIMIT THE, UH, NUMBER OF DAYS, BUT IT DOES LIMIT HOW THE SPACE COULD PHYSICALLY BE USED IN THE FUTURE.

OKAY.

UH, YOU WOULDN'T, YOU WOULDN'T BE ABLE TO HAVE A STRUCTURE, YOU WOULDN'T BE ABLE TO ALIENATE IT EASILY.

IT JUST ADDS A CERTAIN LEVEL OF OTHER PROTECTIONS ESSENTIALLY ALIENATE IT, LIKE, CALL IT NAMES AND MAKE IT FEEL GOOD.

, UH, BUT, UH, MR. ATTORNEY.

CORRECT.

I DON'T KNOW IF THAT'S AN ACCURATE ANSWER, UM, TO COMMISSIONER BOT'S QUESTION ABOUT THAT'S THE RIGHT ANSWER.

THI THIS DOESN'T ADDRESS HOW MANY DAYS A YEAR IT CAN BE PROGRAMMED.

YEAH.

ALRIGHT.

EITHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM, SEEING NO MEMBERS OF THE PUBLIC, UH, THE, THE ITEMS BEEN MOVED AND SECONDED, WE CAN SHOW IT ADOPTED BY ACCLAMATION.

PERFECT.

THANK YOU.

UH, WITH THAT, UH, ITEM NUMBER 11 WAS WITHDRAWN BY THE SPONSOR, UH, COLLEAGUES

[12. REVIEW TRAFFIC IMPACT STUDY REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS ("LDRS") FOR NEW DEVELOPMENTS AND CONSIDER WHETHER LDR AMENDMENTS ARE APPROPRIATE TO (I) STRENGTHEN THE CITY'S REVIEW OF A PROJECT'S IMPACTS ON TRANSPORTATION INFRASTRUCTURE, AND (II) ENHANCE TRAFFIC MITIGATION MEASURES REQUIRED OF APPLICANTS]

LESS INTRODUCE ITEM NUMBER 12.

OKAY.

ITEM NUMBER 12 IS REVIEW TRAFFIC IMPACT STUDY REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS FOR NEW DEVELOPMENTS, AND CONSIDER WHETHER LDR AMENDMENTS ARE APPROPRIATE TO STRENGTHEN THE CITY'S REVIEW OF A PROJECT'S IMPACT ON TRANSPORTATION INFRASTRUCTURE, AS WELL AS ENHANCED TRAFFIC MITIGATION MEASURES REQUIRED OF APPLICANTS.

THANK YOU.

COMMISSIONER BOND.

THIS IS YOUR ITEM.

WELL, YOU'RE WELCOME TO INTRODUCE.

THANK YOU.

UM, SO WHAT WE HEAR ALL THE TIME, UM, WHEN NEW PROJECTS ARE BEING CONTEMPLATED IN FRONT OF THE PLANNING BOARD OR WHEN PEOPLE COME TO TALK TO US, UM, IS, OH YEAH, WE'VE DONE A TRAFFIC STUDY.

THERE'S NO ISSUE .

AND, UM, THEY MAY HAVE, AND MAYBE THAT'S WHAT THAT, UM, TRAFFIC STUDY HAS SHOWN, BUT I DON'T FEEL, UM, THAT THOSE TRAFFIC STUDIES GO FAR ENOUGH AS WE WERE TALKING ABOUT EARLIER, UM, HOW IT AFFECTS THE NEIGHBORHOOD BEYOND THE CONFINES OF THAT PARTICULAR PROJECT PARAMETER, WHATEVER IT MAY BE.

SO WHETHER IT'S SINGLE FAMILY HOME OR A REDEVELOPMENT OF A FULL BLOCK, THE THE ROADS ARE ALL INTERCONNECTED.

AND AS WE ARE SEEING FIRSTHAND AS THINGS ON THE MAINLAND AND, AND THE CAUSEWAYS GET IMPACTED, OUR ENTIRE CITY GETS BACKED UP COMPLETELY AND BECOMES IMPASSABLE.

UM, YOU KNOW, AGAIN, THE, THE MAJOR DEVELOPMENTS HAPPENING NORTH BAY VILLAGE, UM, THERE WERE NO TRAFFIC STUDIES TO MY KNOWLEDGE THAT TALKED ABOUT HOW THAT THERE, THOSE PROJECTS ARE GONNA IMPACT PEOPLE IN MIAMI BEACH GOING TO AND FROM WORK ON THE MAINLAND.

SO I WANTED TO OPEN THIS UP FOR CONVERSATION WITH THE STAFF ABOUT HOW WE CAN STRENGTHEN THAT, HAVE MORE STRINGENT REQUIREMENTS AND BROADEN THE SCOPE OF WHAT GETS LOOKED AT.

SO IT'S NOT JUST LITERALLY THAT SQUARE BLOCK OR THAT WHATEVER THE RADIUS IS, SO THAT WE CAN FIGURE THESE THINGS OUT HOLISTICALLY.

UM, WE, AS YOU'LL PROBABLY NOTE IN THE, IN THE MEMO THAT, THAT WE PREPARED, WE DISCUSSED THIS WITH THE TRANSPORTATION DEPARTMENT AND WE PROVIDED A SUMMARY OF WHAT THE CURRENT METHODOLOGY IS FOR DIFFERENT TYPES OF CIRCULATION AND TRAFFIC STUDIES.

AND THEY'RE BASED LARGELY ON THE INTENSITY OF A PROJECT PROPOSED.

OBVIOUSLY, A DUPLEX IS NOT GONNA HAVE THE SAME LEVEL OF ANALYSIS AS A MIXED USE OFFICE, RETAIL, RESTAURANT BUILDING, UH, OR A DESTINATION BUILDING.

UM, IN OUR EXPERIENCE, BOTH THE REQUIREMENTS FOR A TRAFFIC STUDY, INCLUDING THE, UM, THE METHOD OF TRANSPORTATION THAT'S REQUIRED AS WELL AS THE PEER REVIEW, ARE VERY ROBUST.

UM, TRAFFIC STUDIES ARE REQUIRED NOT JUST FOR APPLICATIONS THAT SUBMIT FOR A CUP, BUT ANY DRB OR HPB APPLICATION THAT WOULD BE CONSIDERED A THRESHOLD PROJECT OVER 5,000 SQUARE FEET.

AND THE METHODOLOGIES THAT ARE USED, UM, ARE VERY ROBUST.

UM, TO THE EXTENT THAT THEY COULD BE FURTHER ENHANCED, UM, IT WOULD BE DIFFICULT ONLY BECAUSE OF HOW THOROUGH THEY ARE.

NOW, UM, IF IT IS SOMETHING THAT YOU'D LIKE TO CONTINUE THE DISCUSSION ON, UM, WE COULD EITHER, UH, CONTINUE THE ITEM TO THE NEXT MEETING AND THEN ASK TRANSPORTATION STAFF TO PARTICIPATE IN THE DISCUSSION.

OR WE COULD CERTAINLY MEET INDEPENDENTLY WITH TRANSPORTATION STAFF TO DO A DEEPER DIVE INTO EXACTLY WHAT THEY DO SO THAT EVERYBODY HAS A, UM, A BETTER UNDERSTANDING IS, IS THERE SOMETHING THAT CAN BE DONE TO EXPAND THE, THE, THE AREA COVERED BY THIS, THE TRAFFIC STUDY? THE, THE TRANSPORTATION DEPARTMENT DOES USE A VERY BROAD AREA

[02:30:01]

IN TERMS OF CURRENT TRAFFIC AS WELL AS PROJECTED TRAFFIC FROM PROJECTS THAT MAY NOT BE GENERATING TRAFFIC IMPACTS YET.

AND SO THEY'LL USE BOTH CURRENT TRAFFIC COUNTS AS WELL AS PROJECTED TRAFFIC COUNTS.

TO THE EXTENT THAT THOSE SHOULD BE EXTENDED OR EXPANDED, WE COULD CERTAINLY TALK TO THE TRANSPORTATION DEPARTMENT ABOUT THAT TO SEE IF THE CURRENT, IF, UH, RANGE OF, OF THE STUDY AREA NEEDS TO BE EXPANDED.

YEAH, I JUST, I JUST THINK THINGS HAVE CHANGED.

AND JOSE, WELCOME BACK FROM VACATION.

, IT'S GOOD TO SEE YOU.

UM, IT, BECAUSE NOW WE'VE GOT, UM, THINGS THAT WERE NOT CONTEMPLATED WHEN THESE WERE WRITTEN, RIGHT? SO 3 95 IS A DISASTER ALMOST ALL THE TIME THERE'S GONNA BE WORK ON ALTON ROAD SOONER RATHER THAN LATER.

EVEN THOUGH WE'VE, WE'VE ASKED THEM TO DELAY IT A LITTLE BIT.

UM, THE 79TH STREET CAUSEWAY IS GONNA GO UNDER CONSTRUCTION AND THERE'S GONNA BE CONSTRUCTION, UH, ON THE OTHER SIDE OF THE 79TH STREET CAUSEWAY.

WE'RE HOPING TO GET THE BRIDGE A LITTLE SLIGHTLY BETTER THAN IT IS NOW.

UM, BUT THAT'S GONNA BE AN INCREMENTAL IMPROVEMENT.

IT'S NOT GONNA BE SIGNIFICANT.

SO I, I UNDERSTAND THAT IT'S ROBUST, BUT IT DOESN'T TAKE INTO CONSIDERATION THE FACT THAT ONCE AGAIN, WE'RE A SEVEN MILE STRETCH OF SAND IN THE MIDDLE OF THE OCEAN AND WE'RE ALL STUCK GOING ON AND OFF THE ISLAND AND UP AND DOWN THE ISLAND IN THE SAME HANDFUL OF, OF, OF THOROUGHFARES.

AND I, YOU KNOW, I MAYBE WE DO CONTINUE IT AND WE MEET INDEPENDENTLY AND THEN EITHER, YOU KNOW, DISPOSE OF IT AT THE NEXT MEETING, I'LL SECONDER YOUR MOTION TO CONTINUE INTO THE NEXT MEETING.

IS THAT OKAY WITH? YEAH.

AND THEN I CAN, UM, COORDINATE A MEETING WITH JOSE SO THAT, UM, WE CAN ALL SIT DOWN TOGETHER AND YOU CAN GET A, A MORE THOROUGH UNDERSTANDING OF BOTH THE LAND USE PROCESS AS WELL AS THE TRANSPORTATION DEPARTMENT'S REVIEW PROCESS.

OKAY.

THANKS.

SO WE'LL SHOW THIS CONTINUED TO THE NEXT MEETING.

YEP.

THANK YOU.

LET'S INTRODUCE ITEM

[13. DISCUSS AMENDING NOTICE REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS (LDRS) TO PERMIT THE CITY TO USE A PUBLICLY ACCESSIBLE WEBSITE HOSTED BY MIAMI-DADE COUNTY AS AN ALTERNATIVE MEANS OF PUBLISHING NOTICES AND ADVERTISEMENTS FOR LAND USE BOARD APPLICATIONS, WHICH ARE CURRENTLY REQUIRED TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCULATION]

NUMBER 13.

OKAY.

ITEM NUMBER 13 IS DISCUSS AMENDING NOTICE REQUIREMENTS IN THE LAND DEVELOPMENT REGULATIONS TO PERMIT THE CITY TO USE A PUBLICLY ACCESSIBLE WEBSITE HOSTED BY MIAMI-DADE COUNTY AS AN ALTERNATIVE MEANS OF PUBLISHING NOTICES AND ADVERTISEMENTS FOR LAND USE BOARD APPLICATIONS, WHICH ARE CURRENTLY REQUIRED TO BE PUBLISHED IN A NEWSPAPER OR GENERAL CIRCULATION COMMISSIONER, UH, SUAREZ, THIS IS YOUR ITEM.

UM, WE'VE DISCUSSED SIMILAR ITEMS IN THE PAST, SO I ANTICIPATE THIS PROBABLY A QUICK ITEM.

YEAH.

UM, I, I, UH, I SECOND YOUR MOTION.

I, I I MOVE THE MOTION.

ATION.

WE CAN SHOW IT ADOPTED BY ACCLIMATION.

ALL RIGHT.

GREAT PRESENTATION.

THANK YOU.

LOVED IT.

, NO SLIDES, NO SALT, NO SLIDES.

ALL RIGHT.

ITEM NUMBER 14.

[14. AMEND DEFINITION OF “FLOOR AREA” TO EXEMPT UNISEX/GENDER-NEUTRAL RESTROOMS FROM THE DEFINITION OF “FLOOR AREA.”]

ITEM NUMBER 14 IS AMEND THE DEFINITION OF FLOOR AREA TO EXEMPT UNISEX GENDER NEUTRAL RESTROOMS FROM THE DEFINITION OF FLOOR AREA.

THANK YOU.

UH, AND THIS IS AN ITEM THAT I'VE PLACED ON THE, ON THE AGENDA, UM, JUST, JUST BECAUSE IT'S, IT'S ONE OF THE SMALL THINGS THAT, UM, THAT WE CAN DO, UM, FOR INDIVIDUALS WHO, WHO ARE TRANSGENDER OR NON-BINARY.

AND TO MAKE THEM FEEL SAFER, MAKE THEM FEEL, YOU KNOW, JUST SOMETHING AS SIMPLE AS, AS USING A RESTROOM, UH, SHOULDN'T, SHOULDN'T HAVE TO BE A CONTROVERSIAL ISSUE.

AND WE CAN ACHIEVE THAT BY ENCOURAGING PEOPLE TO PROVIDE UNISEX OR GENDER, GENDER NEUTRAL RESTROOMS. UH, AND SO BY MAKING, UH, UNISEX AND GENDER NEUTRAL, UH, BATHROOMS EXEMPT FROM FROM THE FLOOR AREA CALCULATION, WE IN ESSENCE ARE INCENTIVIZING, UH, THE PROVISION OF THOSE RESTROOMS. UM, SO I DON'T KNOW, THERE'S, I'LL SECOND IT.

THERE'S COMMENTS FROM THE DE I'LL THIRD IT.

ALL RIGHT.

UM, BY, AS THERE ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM, SEEING NONE IN PERSON, NONE IN ZOOM, WE CAN SHOW THIS ADOPTED BY ACCLIMATION.

UH, MR. DIRECTOR, ITEM NUMBER 15.

ITEM NUMBER 15 WAS WITHDRAWN.

ITEM NUMBER 15 WAS WITHDRAWN.

UH, LET'S PROCEED

[16. DISCUSSION/CONSIDER THE POTENTIAL REZONING OF THE MXE (MIXED USE ENTERTAINMENT) DISTRICT IN NORTH BEACH, ALONG OCEAN TERRACE BETWEEN 73RD AND 75TH STREETS, TO A DIFFERENT ZONING DISTRICT CLASSIFICATION]

TO ITEM NUMBER 16.

UH, ITEM NUMBER 16 IS TO DISCUSSION AND CONSIDER THE POTENTIAL REZONING OF THE MXC MIXED USE ENTERTAINMENT DISTRICT IN NORTH BEACH ALONG OCEAN TERRACE BETWEEN 73RD AND 75TH STREET TO A DIFFERENT ZONING.

DISTRICT CLASSIFICATION.

NORTH BEACH COMMISSIONER TANYA KBAD, YOU HAVE RECOGNIZED, OOH, NORTH BEACH IN THE HOUSE.

UM, SO THE MXC WAS DESIGNED TO INCENTIVIZE TWO UNDERDEVELOPED AND, AND SORELY NEEDING SOME TLC AREAS OF THE CITY.

ONE WAS OCEAN DRIVE AND ONE WAS OCEAN TERRACE.

I CAN, I CAN SAY THAT WE HAVE SU I MIGHT BE ABLE TO SAFELY SAY IT, BUT I CAN'T GET THE WORDS OUT.

I CAN SAY THAT WE HAVE SUCCESSFULLY ACCOMPLISHED

[02:35:01]

THOSE GOALS IN BOTH AREAS.

UM, I'M GONNA LEAVE THE OCEAN DRIVE MXC CONVERSATION FOR A LATER DATE BECAUSE IT'S A HEAVIER LIFT.

BUT I WILL TELL YOU THAT EVEN THOUGH, UM, OCEAN TERRACE RIGHT NOW IS A BIT OF A MESS, UM, WE DO HAVE A BIG BEAUTIFUL PROJECT COMING.

THE PARK IS GOING TO BE OPEN, I HOPE, BY THE END OF THE YEAR.

WE THINK MAYBE.

UM, BUT IT'S GOING TO BE GLORIOUS.

AND THEN THE, THE, THE, UM, THE HOTEL AND THE, THE CONDO IS GONNA BE UP THERE, AND WE ARE SEEING MAJOR CHANGES READY IN NORTH BEACH.

SO THE INTENT OF THE MXC ZONING HAS BEEN ACCOMPLISHED.

WE DO NOT NEED TO LEAVE THAT DOOR OPEN FOR UNINTENDED CONSEQUENCES OF, UM, ACTIVITIES THAT WE DON'T PARTICULARLY WANT THERE.

SO I THINK IT IS TIME TO REMOVE THAT ZONING AND CLASSIFY IT WITH SOMETHING MORE IN KEEPING, UM, LIKE CD TWO WITH WHAT'S GOING ON IN.

I LOVE IT.

I SECOND YOUR, YOUR MY EMOTION.

YOUR EMOTION.

UH, I THINK IT, IT REALLY DISTINGUISHES THE ITEM AND, UM, AND IT PUTS IT ALIGNED WITH THE FUTURE THAT IT HAS.

AWESOME.

THANK YOU.

IS THERE ANY COMMENTS FROM THE DE ANY MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE, UH, WE CAN SHOW THE ITEM ADOPTED BY ACCLIMATION.

WONDERFUL.

GOOD JOB COMMISSIONER BOND.

UM, MR. DIRECTOR, LET'S INTRODUCE ITEM

[17. ORDINANCE TO MODIFY THE HEIGHT OF ALLOWABLE FENCING AND SHRUBBERY OF OCEANFRONT PROPERTIES FACING THE BEACHWALK TO IMPROVE SIGHTLINES FOR PEDESTRIANS]

NUMBER 17.

NUMBER ITEM NUMBER 17 IS AN ORDINANCE TO MODIFY THE HEIGHT OF ALLOWABLE FENCING AND SHRUBBERY OF FRONT PROPERTIES FACING THE BEACH WALK TO IMPROVE SIGHTLINES FOR PEDESTRIANS.

OKAY.

UH, THIS IS COMMISSIONER BON ITEM.

COMMISSIONER, YOU'RE RECOGNIZED.

SO THIS IS VERY SIMPLY, UM, TRYING TO MAKE THIS, UM, UH, UH, SHARED USE PATH SAFER FOR EVERYBODY WHO'S USING IT.

WHETHER YOU'RE PEDESTRIANS OR CYCLISTS OR ROLLER BLADERS OR ANYBODY ELSE.

UM, THERE ARE PRINCIPLES THAT ARE, UH, GUIDELINES, THE SED PRINCIPLES TO HELP, UM, MAKE THINGS, UM, MORE CLEARLY VISIBLE FOR THOSE TRYING TO, UM, UH, ENGAGE IN LAW ENFORCEMENT ACTIVITIES.

BUT IT'S ALSO JUST COMMON SENSE WHEN YOU PULL OUT OF THE SIDE, ONE OF THE ENTRY POINTS YOU WANNA BE ABLE TO SEE AROUND THE CORNER SO THAT YOU DON'T GET RUN OVER BY, YOU KNOW, SOMEBODY TRYING TO IMPROVE ON HIS MILE OR SOMEBODY ZOOMING BY ON A BIKE OR A SCOOTER OR WHATEVER.

UM, SO THIS IS JUST RE REQUIRING, UM, AND IT WOULD APPLY OBVIOUSLY TO THE CITY'S PROPERTIES AS WELL.

BUT THIS IS JUST TO, UM, UM, SET FORTH STANDARDS BY WHICH ALL PROPERTIES THAT ABUT THE BEACH WALK ON THE WESTERN SIDE, UM, WOULD NEED TO, UH, ADHERE, UM, IN ORDER TO EN ENSURE THAT THERE'S BETTER VISIBILITY FOR THOSE USING THE ENTRANCE POINTS FROM THE REGULAR STREETS TO THE BEACH WALK AND COMING AROUND THE CORNERS.

COMING BACK OFF.

COMMISSIONER, JUST, I HAVE A FEW QUESTIONS ON THIS ITEM.

SO THIS WOULD LOWER THE HEIGHT TO WHAT AMOUNT? UM, SO I'LL LET TOM GO THROUGH THE SPECIFICS OF IT, BUT THEY'RE PRETTY STANDARD GUIDELINES.

YEAH.

WHAT WE HAD COME UP WITH, UM, BASED UPON THE DIRECTION OF THE LAND USE COMMITTEE, THE LAST MEETING ARE TWO SEPARATE AMENDMENTS TO THE CODE.

ONE IS AN AMENDMENT TO CITY CODE SECTION 14 DASH ONE TO ESTABLISH BEACH WALK ACCESS AND VISIBILITY.

AND THE SECOND IS A COMPANION AMENDMENT TO THE LDRS TO MAKE SURE THAT WHEN DEVELOPMENT PROJECTS ARE REVIEWED, THAT THIS ACTION IS PROPERLY REFERENCED.

AND THE AMENDMENT TO SECTION 1 40 14 DASH ONE STATES THAT ON ALL OCEANFRONT PROPERTIES, THERE SHALL BE NO STRUCTURE OR PLANTING WITHIN 25 FEET OF A STREET END OR PUBLIC ACCESS POINT TO THE BEACH WALK, WHICH OBSTRUCTS PEDESTRIAN VISIBILITY BETWEEN A HEIGHT OF TWO FEET AND 10 FEET ABOVE THE ADJACENT GRADE.

SO ESSENTIALLY THERE HAS TO BE BETWEEN A, A TWO FOOT MINIMUM AND MAXIMUM 10 FOOT GAP WHERE PEOPLE WOULD HAVE AN UNOBSTRUCTED.

SO, SO A HEDGE, FOR EXAMPLE, A HEDGE COULDN'T BE HIGHER THAN TWO FEET.

HEDGES ARE TYPICALLY HIGHER THAN TWO FEET WITHIN THIS, BUT THEY COULDN'T BE AS PART OF THIS ORDINANCE.

CORRECT.

SO LET ME ASK YOU THIS.

LET'S SAY, UM, I, I DON'T KNOW WHAT'S ONE OF THE PRO, LIKE THE W LET'S SAY THE W WHAT'S THE W'S FRONTAGE ON, UH, ON THE BAY WALK, ON THE BEACH WALK? THE WI THINK PROBABLY HAS CLOSE TO 200 FEET OF FRONTAGE ON THE BAY, WALK ON THE BEACH, WALK ON THE, ON THE BEACH WALK.

SO, BUT THIS WOULD THEN SAY THEN, LET'S SAY AT THE BEACH ACCESS POINT, THEY WOULD HAVE TO GO 25 FEET, 25 FEET FROM A BEACH ACCESS POINT, AND THEN 25 FEET FROM THE STREET END, THEY WOULD HAVE TO LIMIT THEIR HEDGE TO TWO FEET.

CORRECT.

AND SO, AND SO, AND SO THEN YOU'RE SAYING THEN THAT ON A PROPERTY THAT'S GOT A 200 FOOT

[02:40:01]

FRONTAGE ON THE BEACH WALK, YOU'RE SAYING, YOU KNOW, YOU'RE GONNA POSSIBLY HAVE UP TO 75 FEET WHERE YOU'RE GONNA FORCE A PRIVATE PROPERTY OWNER TO HAVE THEIR HEDGE, WHICH A LOT OF TIMES THESE HEDGES ARE IMPORTANT ALSO, YOU KNOW, FOR PRIVACY ON IN THE PROPERTY, YOU'RE GONNA LOWER THEM TO TWO TO TWO FEET, YOU KNOW, BUT TO CLARIFY, YES.

UM, IT'S NOT ON, IT'S NOT THE ENTIRETY OF THEIR PROPERTY.

IT'S JUST FOR SIGHT LINE PURPOSES.

I UNDERSTAND THAT.

SO I UNDERSTAND.

SO FURTHER SET BACK, LIKE IT CAN BE STEPPED UP, SO TO COME AROUND THE CORNER, IT COMES DOWN TO TWO FEET, BUT YOU CAN STILL CREATE THE PRIVACY AND HAVE THE TALL SHRUBS DEEPER IN, IN THE PROPERTY.

SO THE SHRUB, YOU KNOW, IT KIND OF GOES DOWN AND IT GOES BACK.

HOW, HOW FAR DEEP WOULD THEY HAVE TO GO IN THE PROPERTY? UH, IN ORDER, IN ORDER TO GO BACK UP? UM, THE, THE 25 FOOT AND THE HEDGE HEIGHT, THE 25 FOOT REQUIREMENT, UM, WOULD APPLY IN THE CASE OF THE W FROM BOTH THE SOUTH SIDE OF THE PROPERTY, WHICH IS THE, THE PUBLIC STREET END PORTION OF IT.

MM-HMM.

AS WELL AS THEIR BEACH ACCESS POINT.

RIGHT.

UM, THE WAY THAT THIS IS WRITTEN, I DON'T BELIEVE IT WOULD BE 25 FEET IN EACH DIRECTION ON THE, ON THE PRIVATE BEACH ACCESS POINT, BUT 25 FEET IN TOTAL.

BUT WHEN YOU COMBINE IT WITH THE PUBLIC STREET END, THAT'S CLOSE TO 50 FEET IN TOTAL.

SO ON THE, OKAY, SO THEN IT'S 25 FEET, IT'S A RADIUS.

YES.

OKAY.

SO IT'S NOT 25 FEET IN EACH DIRECTION? NO.

OKAY.

THE, THE INTENT IS A RADIUS, SO THAT IF YOU'RE STANDING AT CENTER POINT, IT WOULD BE A 25 FOOT RADIUS.

SO IF YOU'RE OFF TO EITHER SIDE, YOU WOULD STILL HAVE, AND HOW WIDE IS THE, IS IS THE AVERAGE, UH, BEACH ACCESS POINT 10 FEET? EIGHT OR EIGHT FEET? MOST BEACH ACCESS POINTS ARE ANYWHERE BETWEEN 10 OR SOMETIMES 15 FEET.

BUT I'D SAY PROBABLY 10 FEET IS, IS CLOSER.

'CAUSE IT'S USUALLY TWO GATES.

AND SO, AND SO THEN, SO THEN YOU WOULD BE GOING, UH, PROBABLY ABOUT SEVEN AND A HALF FEET THEN IN EACH DIRECTION? CORRECT.

OKAY.

AND THEN, SO, SO, SO, SO YOU WOULD HAVE TO THEN KEEP THE HEIGHT TO TWO FEET FOR LET'S SAY SEVEN AND A HALF FEET OF EACH DIRECTION OF A BEACH ACCESS POINT.

BUT HOW DEEP, HOW DEEP DO YOU HAVE TO GO BEFORE YOU'RE ABLE TO ACHIEVE HIDE A GUN? IT, IT WOULD BE THE SAME 25 FEET IN DEPTH? NO.

UH, SO LIKE IF, IF YOU ARE, IF I MAY, YEAH.

YES, YES.

UM, SO THIS IS THE PROPERTY AND HERE ARE THE STREET ENDS.

SO WE'RE NOT SAYING THEIR ENTIRE HEDGE HAS TO BE TWO FEET.

WE'RE SAYING WHEN YOU COME OUT HERE, LIKE IT HAS TO BE, IT HAS TO BE TWO FEET HERE, BUT BACK HERE IT DOESN'T.

SO WHEN YOU'RE IN THE PROPERTY, YOU DON'T, YOU'RE NOT LOOKING OUT OVER TWO FOOT HEDGE.

BUT WHAT TOM IS SAYING IS THAT IF, IF YOU, IF YOU'RE WITHIN THAT 25 FOOT RADIUS, IF HE, HE, HE ANSWERED CORRECTLY ACTUALLY, BECAUSE WHAT HE SAID IS, GIVEN THAT THERE'S A RADIUS, YOU CAN'T GO BACK UP IN HEIGHT FOR AS LONG AS YOU ARE WITHIN THAT RADIUS.

SO YOU'RE IN ESSENCE.

BUT I'M SAYING THE PRIVACY, I'M, NO, THAT'S NOT WHAT, SO MAYBE WE NEED TO TABLE THIS IN.

YEAH, I THINK THAT, AND I WAS JUST TALKING TO DAVE ABOUT THIS, IT MIGHT BE A GOOD IDEA FOR US TO PUT TOGETHER SOME DIAGRAMS BECAUSE LET'S SAY THIS IS A 10 FOOT BEACH ACCESS POINT, THAT THIS IS THE BEACH ACCESS RIGHT HERE.

YOU COULD GO OUT SEVEN AND A HALF FEET, BUT UM, AT SOME POINT WHERE YOU'RE STANDING, YOU'RE GONNA NEED TO SEE THAT WAY.

IF THERE'S A HEDGE RIGHT UP TO HERE, YOU'RE PREVENTING THAT.

BUT THE QUESTION I THINK IS HOW DEEP IT SHOULD GO.

DOES IT NEED TO GO 25 FEET INTO THE PROPERTY? MM-HMM.

, OR IT DOES NOT.

YEAH.

IT CAN BE A LESSER AMOUNT.

YES.

AND STILL PROVIDE THAT TRIANGLE.

YEAH.

TRIANGLE.

AND SO I THINK WHAT WE NEED TO DO IS ONE, BRING BACK A DIAGRAM THAT SHOWS THAT, AND THEN TWO, HAVE THAT CLARIFIED IN THE TEXT OF THE ORDINANCE.

YEAH.

BECAUSE THE GOAL IS NOT TO LIMIT PEOPLE'S PRIVACY.

I KNOW, I KNOW.

THAT'S NOT THE GOAL.

NO, I, I, I KNOW, YOU KNOW, BUT, BUT WE NEED TO MAKE SURE THAT, THAT IS THE, THE NET TAKEAWAY TOO, SO THAT, UM, IT IS REALLY SO THAT WHEN YOU'RE COMING AROUND A CORNER, YOU DON'T GET CRUSHED BY SOMEBODY WHO'S COMING IN THE OPPOSITE DIRECTION.

AND SO WE JUST NEED TO CLARIFY THAT.

SO LET'S CONTINUE IT AND WORK ON IT FOR THE NEXT, OTHERWISE THIS IS GONNA BECOME A PAPARAZZI STREAM.

.

NO, WE, NOBODY WANTS THAT .

WE JUST WANT PEOPLE NOT TO LIKE, HAVE, TAKE THEIR LIFE IN THEIR HANDS AS THEY, WAS THIS A DUAL REFERRAL TO THE PLANNING BOARD, OR WAS THIS JUST TO THE LAND USE COMMITTEE? NO, THIS WAS A DUAL REFERRAL.

OKAY.

UM, AND THE AMENDMENT TO, TO CHAPTER 14 DOES NOT REQUIRE PLANNING BOARD APPROVAL.

SO THAT WOULD JUST COME BACK TO THE COMMISSION AS A FIRST READING ORDINANCE ONCE WE CLEAR.

OKAY.

SO THEN LET'S CONTINUE IT, LET'S CONTINUE IT SO THAT WE CAN GET THE,

[02:45:01]

THE, UH, GRAPHICS.

ALRIGHT.

WITH THAT.

AND THANK YOU COMMISSIONER BOB, BECAUSE IT IS IMPORTANT AND THERE'S SO MANY, WE GOT SO MANY COMPLAINTS ABOUT PEOPLE'S SAFETY ON, ON THE BEACH WALK, AND NOT JUST THE TYPICAL ASPECTS OF SAFETY THAT WE THINK OF, BUT ALSO THE SAFETY OF, OF BI OF, YOU KNOW, PEOPLE ON BICYCLES, YOU KNOW, PEOPLE ON, ON RUNNING OR, AND WHATEVER.

AND THEY GET STARTLED AND, YOU KNOW, AND AS TRYING PEOPLE HAVE CRASH INTO EACH OTHER.

AND SO I KNOW YOU, YOU REALLY ARE ADDRESSING SOMETHING VERY IMPORTANT, AND I THANK YOU FOR THAT.

AND ACTUALLY, I FORGOT TO OPEN UP THE FLOOR TO ANYONE FROM THE PUBLIC WISHING TO SPEAK ON THIS ITEM.

UH, I SEE WE HAVE A CALLER ON ZOOM AND THERE'S NO NAME, BUT I ASSUME THIS IS MATTHEW.

UH, WELCOME.

YOU HAVE TWO MINUTES TO SPEAK.

YES.

HI, UH, GOOD EVENING.

UH, UH, COMMISSIONERS COMMITTEE MEMBERS, MATTHEW HANOFF.

I JUST WANNA THANK, UH, COMMISSIONER BOT FOR THIS, UH, COMMON SENSE LEGISLATION TO IMPROVE PUBLIC SAFETY ON THE BEACH WALK.

AND, UH, AND I THINK YOUR CONCERNS THAT YOU BROUGHT UP, UH, UH, CHAIR FERNANDEZ ARE, ARE, ARE WELL TAKEN.

AND, UH, JUST, JUST WANNA MAKE SURE THAT EVERYONE UNDERSTANDS THAT AS YOU MENTIONED, YOU KNOW, IT'S ABOUT EVERYONE BEING ABLE TO SEE EVERYONE ELSE, WHETHER THEY'RE, UH, YOU KNOW, ENTERING THE BEACH WALK OR THEY'RE LEAVING A HOTEL.

AND THE W IS ACTUALLY A PRIME EXAMPLE.

THEY HAVE MULTIPLE POINTS OF EGRESS, AND AT TIMES WHEN THE SHRUBBERY GROWS THICK AND TALL, YOU CAN'T SEE SOMEONE COMING OUT AND IT COULD STARTLE PEOPLE EVEN ON FOOT.

UH, SO, UM, YOU KNOW, I THINK THE POINTS THAT YOU MADE WERE VERY WELL TAKEN AND HOPEFULLY, YOU KNOW, COMMON SENSE STANDARDS ARE APPLIED HERE TO HELP ENSURE EVERYONE'S SAFETY ON THE BEACH WALK.

AND THANK YOU AGAIN FOR, UH, FOR BRINGING THIS FORTH.

ALRIGHT, ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE, UM, UH, I THINK, UH, WE'LL, WE'LL CONTINUE THIS TO THE NEXT MEETING BY ACCLAMATION.

ALRIGHT.

UM, WITH THAT, LET'S

[18. REVIEW CITY’S MODAL PRIORITIZATION STRATEGY ESTABLISHED IN 2015 AS PART OF THE TRANSPORTATION MASTER PLAN.]

CALL MR. DIRECTOR.

ITEM NUMBER 18.

OKAY.

ITEM NUMBER 18 IS REVIEW THE CITY'S MODAL PRIORITIZATION STRATEGY ESTABLISHED IN 2015 AS PART OF THE TRANSPORTATION MASTER PLAN.

SO, UH, I'M JUST GONNA KEEP MY COMMENTS ON THIS VERY, UH, LIMITED, I'M NOT GONNA SEEK, UH, TO CHANGE OUR PRIORITIZATION, UH, BECAUSE I, I KNOW WE'VE BEEN VERY FORWARD-THINKING, UM, A VERY FORWARD-THINKING C COMMUNITY ON THIS, UM, NA, YOU KNOW, NATIONAL STANDARDS ACTUALLY.

UM, I DO GET CONCERNED WHEN, WHEN IN THE HIERARCHY, IN THE MODAL HIERARCHY, UM, WE ARE PRIORITIZING FREIGHT EVEN OVER PRIVATE VEHICLES.

UM, YOU KNOW, I GET PRIORITIZING PUBLIC TRANSPORTATION AND PEDESTRIANISM, I GET PRIORITIZING BICYCLISTS.

BUT TO PRIORITIZE BIG TRUCKS OVER PRIVATE VEHICLES, TO ME IS CONCERNING.

NOW, I KNOW IT'S IMPORTANT BECAUSE IT'S A POLICY THAT'S USED FOR THE ALLOCATION OF, OF SPACES ON OUR PUBLIC STREETS, AND WE NEED TO MAKE SURE THAT ON OUR PUBLIC STREETS WE HAVE SPACE FOR TRUCKS TO PULL OVER TO MAKE DELIVERIES, TO AVOID THEM BLOCKING, UH, THE FLOW OF TRAFFIC.

BUT I JUST WANT US TO BE AWARE THIS WILL BE A PROBLEM ONCE WE SEE CONSTRUCTION OF HOUSING WITH NO PARKING, IS THE FACT THAT WE ARE ENCOURAGING PEOPLE TO, TO LIVE HERE IN UNITS THAT THAT DOESN'T HAVE PARKING.

DOESN'T MEAN THAT THEY WON'T USE A CAR, DOESN'T MEAN THAT THEY WON'T HAVE A CAR.

IT DOESN'T MEAN THAT THEY WON'T CALL FOR AN UBER.

IT DOESN'T MEAN THAT THAT, UH, A FRIEND WON'T COME TO VISIT THEM IN A PERSONAL VEHICLE.

AND, AND THAT'S GONNA CREATE MUCH GREATER DEMAND FOR, FOR ON STREET PARKING THAN EVEN THESE, UH, THESE, UH, THESE, THESE FREIGHT TRUCKS THEMSELVES.

AND SO, YOU KNOW, IT'S SOMETHING THAT WE HAVE TO BE AWARE OF.

OUR COMMUNITY IS GOING TO HAVE TO PREPARE, UH, PUBLIC PARKING WISE TO ADDRESS THESE, THESE ISSUES.

UH, WE'RE GONNA HAVE TO BUILD THE GARAGES, WE'RE GONNA HAVE TO FIND FUNDING FOR THAT AND, AND TO BE ABLE TO ADDRESS THIS.

UM, BUT I JUST WANTED TO PUT THAT ON, ON THE RECORD BECAUSE I DO KNOW HOW IMPORTANT THIS POLICY IS.

THAT WAS ADOPTED BACK IN 2015, AND I DO UNDERSTAND HOW FORWARD THINKING IT WAS, AND IT STILL IS IMPORTANT.

IT IS A, IT IS STILL A GOAL THAT WE NEED TO, TO, TO REACH.

UM, SO I'M NOT GONNA SEEK TO CHANGE IT, BUT I DID WANT TO PUT IT OUT THERE BECAUSE IT'S SOMETHING THAT I DO WANT OUR STAFF, UH, TO BE MINDFUL OF BOTH AT THE PLANNING DEPARTMENT

[02:50:01]

AND AT THE, UH, TRANSPORTATION AND PARKING DEPARTMENTS OF THE IMPACTS THIS IS GOING TO POTENTIALLY HAVE IN THE FUTURE.

I DON'T KNOW IF THERE ARE ANY COMMENTS FROM THE DAYS ON THIS.

UM, I DON'T KNOW IF STAFF HAS ANYTHING TO ADD ON THIS.

SEEING NOT, UH, I SEE THAT WE HAVE A MEMBER OF THE PUBLIC WITH THEIR HAND RAISED WISHING TO SPEAK ON THIS.

UH, YOU'RE, YOU'RE WELCOME TO SPEAK.

YOU HAVE TWO MINUTES.

WE HAVE SOMEONE ON ZOOM WISHING TO SPEAK ON THIS ITEM.

OKAY.

SEEING THAT THE PERSON IS NOT UNMUTING THEMSELVES.

WITH THAT, I'M GONNA CLOSE THE PUBLIC OPPORTUNITY TO, TO, TO BE HEARD AND WE CAN PROCEED TO ITEM NUMBER 19.

ITEM ACTUALLY 19 WAS WAS WITHDRAWN.

WITHDRAWN, CORRECT? CORRECT.

AND MR. CHAIR, JUST FOR CLARITY PURPOSES, ITEM 18 HAS BEEN DISCUSSED AND HAS NOW BEEN CONCLUDED.

THANK YOU.

OKAY.

UM, UH, MR. DIRECTOR, LET'S

[20. MASSAGE THERAPY REGUALTIONS – NORTH BEACH]

INTRODUCE ITEM NUMBER 20.

ITEM NUMBER 20 IS TO, UH, REVIEW MASSAGE THERAPY REGULATIONS IN NORTH BEACH.

THANK YOU.

UH, THIS IS AN ITEM I'M BRINGING FORWARD AT, AT THE REQUEST OF RESIDENT.

I, I INTRODUCED THIS A WHILE BACK, UH, BACK IN SEPTEMBER, UH, 2022.

UM, IT'S BEEN, IT'S BEEN THROUGH, UH, THROUGH THIS COMMITTEE, THROUGH THE PLANNING BOARD, AND, UH, AND I DIDN'T WANT TO MOVE FORWARD WITH IT, UH, SENDING IT BACK TO COMMISSION UNTIL WE HAD A HEARING OF IT IN THIS COMMITTEE AS IT DOES RELATE TO, UH, NORTH BEACH.

AND I WANTED TO GIVE AN OPPORTUNITY TO MY COLLEAGUES, UH, ESPECIALLY OUR NEW COLLEAGUES AND COMMISSIONER BOT, WHO'S FROM NORTH BEACH TO CHIME IN ON THIS.

UM, BUT THE PROPOSED ORDINANCE, UH, WOULD MAKE, UH, RESTRICTIONS ON THE HOURS, UM, APPLICABLE, UH, TO, UH, TO, TO MASSAGE THERAPY CENTERS IN THE NORTH BEACH OVERLAY PRETTY MUCH THE ENTIRE AREA, UH, NORTH OF 20, NORTH OF 63RD STREET, PRETTY MUCH MIMICKING THE SAME HOURS OF OPERATION THAT CURRENTLY EXIST, UM, IN OCEAN TERRACE AND THE HARDING TOWN SITE AREA POLICIES THAT WERE ADOPTED WAY BACK IN, UH, 2015.

AND IT BASICALLY, WHAT IT SAYS IS THAT MASSAGE THERAPY CENTERS CANNOT OPERATE BETWEEN THE HOURS OF 9:00 PM TO 7:00 AM AND WE'RE DOING THIS BECAUSE IN THE PAST, UH, YOU KNOW, WE'VE SEEN, UH, UNFORTUNATE NEFARIOUS, UH, ACTIVITIES OCCUR AS SOME OF THESE, UH, ESTABLISHMENTS.

WE'VE SEEN STING OPERATIONS OCCUR IN OUR CITY, UM, UH, IN, IN SOME OF THOSE, UH, TYPES OF, OF ESTABLISHMENTS.

UM, IT ALSO PROPOSES LEGISLATION, UH, TO LIMIT THE LOCATIONS OF FUTURE OF THESE, UH, ESTABLISHMENTS TO STATE SCHOOLS, UH, THAT ARE CERTIFIED, UH, FOR, FOR MASSAGE THERAPY LICENSES, UM, FOR BUILDINGS THAT HAVE AT LEAST, UH, 50 UNITS WHERE, WHERE, WHERE THESE CENTERS ARE THERE AS AN ACCESSORY USE IN FITNESS CENTERS AND, YOU KNOW, WELLNESS CENTERS THAT TEND TO BE VERY LEGITIMATE, UM, INSTINCT LICENSED MEDICAL OFFICES AND, AND CLINICS LIKE PHYSICAL THERAPY CENTERS SO THAT YOU STILL HAVE THE SERVICE AVAILABLE, BUT WE ENSURE THAT IT TRULY IS A LEGITIMATE AND SAFE, UH, ENVIRONMENT.

UM, MR. PLANNING DIRECTOR, I DON'T KNOW IF THERE'S ANYTHING ELSE AS IT RELATES TO THIS ITEM THAT, THAT NEEDS TO BE DESCRIBED ON THE RECORD.

UH, THE ONLY OTHER THING I WOULD MENTION IS THAT WE'VE ALSO, UH, INCLUDED, UM, CONDITIONAL USE LOCATIONS FOR MASSAGE THERAPY CENTERS.

AND THAT WOULD BE WITHIN OFFICE BUILDINGS LOCATED IN A COMMERCIAL DISTRICT, UH, SUCH AS THE TC DISTRICT OR THE TCC DISTRICT.

UM, PROVIDED THE MASSAGE THERAPY CENTER IS LOCATED ABOVE THE FIRST FLOOR AND, UH, WITHIN MULTIFAMILY RESIDENTIAL BUILDINGS, APARTMENTS, SUITE HOTELS, AND HOTELS WITH LESS THAN 50 UNITS, UM, THOSE COULD GET A MASSAGE THERAPY LICENSE AS PART OF THE CONDITIONAL USE IN ORDER TO BETTER REGULATE THE OPERATION.

THANK YOU.

SO, UH, I'M GONNA OPEN UP THE, UH, DISCUSSION, UH, TO, TO TO THE DAYS I VALUE OUR COLLEAGUES, UH, FEEDBACK.

COMMISSIONER DOMINGUEZ, YOU RECOGNIZE.

THANK YOU.

UM, THIS IS A, A GREAT ITEM AND I REMEMBER, UH, ALL THE WORK THAT YOU'VE PUT INTO IT OVER THE PAST YEAR OR MORE.

UM, AND SO BASED ON WHAT I'M READING HERE, TOM, THIS WOULDN'T APPLY TO LIKE THE CARON OR, UM, HOTELS OF THAT SIZE? THAT'S CORRECT.

THEY WOULD CONTINUE TO BE ALLOWED TO HAVE MASSAGE THERAPY CENTERS.

WONDERFUL.

THANK YOU.

ANY OTHER COMMENTS FROM THE DATES, COMMISSIONER BOT? YEAH, SO, UH, OBVIOUSLY I KNOW

[02:55:01]

HOW LONG AND HARD YOU'VE BEEN WORKING ON THIS AND WE ALL KNOW, UM, THAT THERE ARE SOME REALLY UNSAVORY CHARACTERS OPERATING OSTENSIBLY AS MASSAGE CENTERS.

UM, WHAT I'M TRYING TO FIGURE OUT HOW THIS WOULD WORK JUST DOWN THE HALL FROM JUST DOWN THE STREET FROM CITY HALL, WE HAVE A MASSAGE ENVY, UM, FRANCHISE, UM, AND THEY ARE ALL OVER THE COUNTRY AND THEY'RE GENERALLY IN RETAIL LOCATIONS, NOT ON THE SECOND FLOOR.

SO IF, AND MAYBE I'M JUST NOT READING THIS CORRECTLY, SO IF A MASSAGE ENVY FRANCHISEE WANTED TO OPEN A LOCATION IN NORTH BEACH, THEY WOULD NOT BE ABLE TO UNLESS THEY WERE IN A, A, A MULTIFAMILY RESIDENTIAL BUILDING OR IN A OFFICE BUILDING ABOVE THE GROUND FLOOR WHEN A LOT OF THEIR BUSINESSES WALK IN.

IS THAT, AM I UNDERSTANDING THAT CORRECTLY? SO IT WOULD BE PERMITTED, UM, ANYWHERE IN A MULTIFAMILY RESIDENTIAL BUILDING APARTMENT, HOTEL SUITE HOTEL, OR A HOTEL WITH AT LEAST 50 ROOMS AS AN ACCESSORY USE.

THERE, THERE WOULDN'T BE ANY LOCATION, RIGHT? THAT'S NOT GENERALLY THE LOCATIONS THEY HAVE, BUT IN, IN TERMS OF THE, UM, COMMERCIAL BUILDINGS, SO WITHIN OFFICE BUILDINGS LOCATED IN A COMMERCIAL DISTRICT, UM, OR THE T CCC DISTRICT OR THE TCC DISTRICT, UM, CONDITIONAL USE WOULD BE REQUIRED IF THE MASSAGE THERAPY CENTER IS LOCATED ABOVE THE FIRST FLOOR.

LET ME ASK YOU THIS.

UM, YOU KNOW, BECAUSE COMMISSIONER BOND DOES BRING UP A GOOD POINT, UH, AND I, AND, AND I THINK WE HAVE A NUMBER OF SAFEGUARDS HERE TO PROTECT FROM, FROM, YOU KNOW, FROM NEFARIOUS ESTABLISHMENTS.

MM-HMM.

, YOU KNOW, WE WANNA MAKE SURE THAT WE GOT GOOD COMMERCIAL AND CERTAIN RETAILS THAT COULD BE VACANT AND, YOU KNOW, THERE'S NOTHING WRONG WITH A MASSAGE THERAPY CENTER.

UM, THERE'S NOTHING WRONG WITH A MASSAGE ENVY.

UH, AND, AND, AND PERHAPS MAYBE UNDER THE CONDITIONAL USES, YOU KNOW, WE CAN ALLOW GROUND FLOOR, YOU KNOW, CENTERS AND RETAIL USES, BUT AS A CONDITIONAL USE.

UH, AND REALLY WHAT I HOPE OUT OF THE CONDITIONAL USE IS THAT THERE'S, YOU KNOW, PROPER VETTING, UM, YOU KNOW, NOT THE TYPICAL OPERATIONAL VETTING THAT GOES INTO, UM, A CONDITIONAL USE PERMIT OF, YOU KNOW, FLOW AND DELIVERIES AND PARKING THAT, BUT LIKE, ACTUALLY LIKE SAFETY VETTING.

LIKE WE'RE ACTUALLY LIKE, WHO IS THIS OPERATOR? IS THIS A REPUTABLE OPERATOR AND THAT TYPE OF STUFF.

SO I THINK THAT THE RECOMMENDATION WOULD BE TO JUST REMOVE THE LINE THAT SAYS, PROVIDED THE MASSAGE THERAPY CENTER IS LOCATED ABOVE THE FIRST FLOOR.

YEAH.

SO IT WOULD BE CUP APPROVAL, BUT IT WOULD ALLOW IT AT THE FIRST FLOOR AS WELL.

YEAH.

YEAH.

OKAY.

I'D BE OPEN TO THAT.

ALRIGHT, ANY, ANY OTHER COMMENTS FROM THE DAYS? ARE THERE MEMBERS OF THE PUBLIC WISHING TO SPEAK ON THIS ITEM? SEEING NONE IN PERSON, NONE IN ZOOM.

UH, CAN WE SHOW THIS ITEM AS ADOPTED? ALL RIGHT.

AS AMENDED.

AS AMENDED, OKAY.

AND THIS ALREADY WENT TO THE PLANNING BOARD, IS THAT CORRECT? ACTUALLY, THIS HAS BEEN APPROVED AT FIRST READING, SO, UM, IT WAS REFERRED BACK TO THE LAND USE COMMITTEE PRIOR TO SECOND READING.

SO WE CAN BRING THIS TO THE COMMISSION, UH, FOR SECOND READING ON OCTOBER 30TH WITH THIS CHANGE.

OKAY, GREAT.

THANK YOU.

IT'S ONLY BEEN HOW MANY YEARS? OH MY GOD.

A LONG TIME.

I WAS WAITING FOR COMMISSIONER BA TO MAKE HER WAY TO THE DAYS.

I KNEW THAT THE DAY WOULD COME THAT COMMISSIONER BA WOULD BE SITTING HERE AS THE COMMISSIONER TO BE ABLE TO REVIEW THE POLICY WITH HER.

ALL RIGHT.

WITH THAT, LET'S UH, GO TO ITEM

[21. NORTH BEACH COMPREHENSIVE USE REGULATIONS]

NUMBER 21.

OKAY.

ITEM NUMBER 21 IS NORTH BEACH COMPREHENSIVE USE REGULATIONS.

ALRIGHT.

UM, THIS IS, THIS IS AN ITEM I PLACE ON THE AGENDA ESTABLISHING A NEW OVERLAY, UH, AGAIN SIMILAR TO THE LAST ITEM THAT WOULD APPLY TO ALL AREAS LOCATED NORTH OF, UH, 20 OF NORTH OF 63RD STREET.

IT DOES A NUMBER OF THINGS.

THE FIRST THING THAT IT DOES IS IT ADDRESSES THOSE ESTABLISHMENTS THAT WE'VE COME TO KNOWN AS NUISANCE USES.

EARLIER WE WERE TALKING ABOUT THE MXC, UH, AND THE MXC DOWN IS DOWN IN SOUTH BEACH AS OPPOSED TO THE MXC IN NORTH BEACH.

AND ONE OF THE THINGS WE'VE DONE TO TRY TO FIX THE MXC DOWN IN SOUTH BEACH WAS TO CREATE A NUMBER OF PROHIBITED USES THE TOBACCO AND VAPE DEALERS.

YOU KNOW, THERE'S TIMES YOU GO BLOCK BY BLOCK AND YOU HAVE MULTIPLE TOBACCO AND VAPE DEALERS BLOCK AFTER BLOCK, AND IT STARTS TO DEFINE THE CHARACTER OF THE AREA.

UH, THE SAME THING WITH VITAMIN STORES AND BY VITAMIN STORES.

WHY, WHY ARE WE ADDRESSING VITAMIN STORES? YOU KNOW, PEOPLE ARE PROBABLY ASKING WHY WOULD A, WHY WOULD A CITY COMMISSIONER NOT WANTING TO GO GET VITAMINS? WELL, THE PROBLEM IS THAT, YOU KNOW, A LOT OF THE, YOU KNOW, SHADY TYPE OF, UH, CBD PLACES WHERE YOU DON'T KNOW WHERE WHAT THEY'RE REALLY SELLING, UH, OPERATE UNDER THE GUISE OF VITAMIN SHOPS.

[03:00:01]

IN FACT, IT WAS AN ISSUE THAT WE HAD IN SOUTH BEACH THAT WE HAD A SO-CALLED VITAMIN SHOP, UH, SELLING POT, UH, TO UNDERAGED, UH, CHILDREN.

AND THERE HAD TO BE AN UNDERCOVER INVESTIGATION THAT GOT SHUT DOWN AND IT, IT ACTUALLY UNCOVERED A MUCH BIGGER AND WIDER PROBLEM.

PAWN SHOPS, PUNCH PAWN SHOPS IS, IS ONE OF THE, UH, ESTABLISHMENTS THAT WOULD BE PROHIBITED UNDER, UNDER THIS OVERLAY.

AND, UH, AND THESE, YOU KNOW, THIS, THESE OVER THESE SOUVENIR T-SHIRT SHOPS THAT WE SEE THAT THEY OPEN UP, YOU KNOW, ONE NEXT TO EACH OTHER AND START TO ALSO DEFINE THE CHARACTER OF THE AREA.

THE ONES THAT ARE EXISTING CAN STAY THERE.

THEY BECOME LEGAL, NON-CONFORMING, BUT NEW ONES WON'T BE ABLE TO OPEN UP.

AND SO WE'RE TRYING TO ADDRESS THIS ISSUE THAT BLOCK AFTER BLOCK, GETTING DEFINED BY THESE ESTABLISHMENTS THAT AREN'T REALLY CONTRIBUTING TO THE RETAIL VIBRANCY AND THE TYPE OF ECONOMIC ACTIVITY THAT AREAS THAT ARE EMERGING AND THRIVING AND HAVE A BRIGHT FUTURE, LIKE NORTH BEACH DESERVE OTHER USES THAT HAVE BEEN IDENTIFIED AS PROBLEMATIC.

IF THERE ARE TOO MANY, UM, OUR PACKAGED LIQUOR STORES, WE'RE NOT MAKING THEM ILLEGAL, BUT WE'RE SAYING NO MORE THAN SIX IN THE, IN THE AREA.

CURRENTLY THERE ARE SIX AND WE'RE SAYING LET'S KEEP THEM AT SIX.

WE'RE SAYING, UH, CHECK CACHING STORES.

WE KNOW CHECK CACHING STORES PLAY AN IMPORTANT ROLE IN THE VIBRANCY OF OUR COMMUNITY.

THERE'S A LOT OF LOWER INCOME INDIVIDUALS THAT DEPEND ON THEM.

CURRENTLY, THERE'S TWO, AND WE'RE SAYING NO MORE THAN FOUR, SO THERE'S STILL ROOM FOR MORE, BUT WE JUST WANT TO PUT A CAP ON THEM SO THAT WE DON'T HAVE THE ISSUE THAT WE HAVE ON WASHINGTON AVENUE.

THEY HAVE LIQUOR STORE, YOU KNOW, UH, CONVENIENCE STORE, UH, CHECK CASHING STORE, TATTOO, PARS, BLOCK AFTER BLOCK, CONVENIENCE STORES.

CURRENTLY, THEY'RE 16 TO 19 EXISTING.

WE'RE CAPPING THEM TO 25.

AND I JUST WANT TO CLARIFY, CONVENIENCE STORES DOESN'T MEAN SUPERMARKET, DOESN'T MEAN BODEGAS.

UH, AND WE'RE NOT OUTLYING ANY OF THOSE.

WE'RE SAYING CONVENIENCE STORES, WHICH ARE LIKE SEVEN ELEVENS, WALGREENS, CVS AND OTHERS.

THEY'RE STILL LEGAL.

YOU CAN CONTINUE TO HAVE THEM.

WE'RE JUST SAYING IN ORDER TO PROMOTE VIBRANCY AND RETAIL OPTIONS, WE'RE GONNA CAP THEM AT 25.

AND WE CONTINUE TO ENCOURAGE, I WOULD LOVE TO HAVE, YOU KNOW, MORE, MORE, UH, SUPERMARKET OPTIONS IN NORTH BEACH, INCLUDING BODEGAS.

UH, AND SO THIS DOES NOT ADDRESS THAT AND NEVER HAS SOUGHT TO ADDRESS THAT TO TWO STUDIOS.

UM, RIGHT NOW, THERE'S NINE EXISTING IN NORTH BEACH, AND THIS WOULD PROPOSE A LIMIT OF NINE IN NORTH BEACH.

AGAIN, BECAUSE YOU DON'T WANT THE AREA TO BE FILLED WITH, WITH THE TWO STUDIOS.

WE'RE NOT SAYING MAKE THEM ILLEGAL IN ANY, IN ANY WAY.

WE'RE JUST SAYING YOU, YOU KNOW, WE WANNA ALSO, YOU KNOW, OTHER DIVERSITY OF, OF BUSINESSES.

THAT'S THE GIST OF WHAT THIS DOES.

WE WANNA PRESERVE, YOU KNOW, THE PACKAGE LIQUOR STORE THAT'S THERE IN THE CHECK CASHING STORE AND, UH, AND, AND THE CONVENIENCE STORE THAT PEOPLE LOVE BECAUSE THEY CAN RUN OUT OF THEIR HOME AND GO GRAB SOMETHING.

AND WE WANNA KEEP THOSE ARTISTIC TATTOO STUDIOS THAT, UH, THAT, THAT PEOPLE ENJOY.

BUT WE DON'T WANNA CREATE A PROLIFERATION OF IT SO THAT WE CAN HAVE IT WITH, IN A, IN A MODERATE AMOUNT THAT DON'T, THAT DOESN'T START TO DEFINE THE AREA.

UM, THAT'S WHAT THIS ITEM DOES.

I'M GONNA OPEN UP THE FLOOR TO, TO, TO MY COLLEAGUES, AND THEN AFTERWARDS I'LL OPEN UP THE FLOOR TO THE PUBLIC.

MR. SUAREZ, YOU'RE RECOGNIZED.

I THINK THIS IS A GREAT ITEM.

I, I, I APPRECIATE YOUR FORETHOUGHT.

I THINK EVEN BEFORE I WAS ELECTED YOU, WHEN YOU WERE ON THE PLANNING BOARD, YOU, UH, YOU BROUGHT THIS ISSUE OR, OR YOU DISCUSSED IT.

AND I, I THINK THIS IS A GREAT STEP FOR NORTH BEACH TO, TO MODERNIZE AND, UM, I'M FULLY SUPPORTIVE AND I, I'LL MOVE THE ITEM.

THANK YOU.

I'LL SECOND THE A ANY OTHER COMMENTS FROM THE DA? ALL GOOD.

ALL, UH, COMMISSIONER DOMINGEZ? NO.

ALL RIGHT.

UH, I SEE, UM, ELIZABETH LATON, UH, HAS HER HAND RAISED IN ZOOM.

AND IF ANYONE FOR THE PUBLIC WISHES TO SPEAK, UH, YOU CAN RAISE YOUR HAND ON ZOOM OR COME TO THE PODIUM.

ELIZABETH, YOU HAVE TWO MINUTES TO SPEAK.

HI.

GOOD AFTERNOON, EVERYONE.

UM, COMMISSIONER FERNANDEZ, THANK YOU SO MUCH FOR BRINGING THIS.

I KNOW THAT WE HAVE TALKED ABOUT THIS FOR TWO YEARS, AND WE ARE, WE'RE, WE'RE DESPERATE TO HAVE SOME DISTANCE SEPARATION FROM THESE TYPES OF NUISANCE

[03:05:01]

BUSINESSES.

UM, AND I APPRECIATE YOU DOING THIS.

THANK YOU.

AND WE'LL WORK ON THE RETAIL LIGHTING UP IN NORTH BEACH, BY THE WAY.

THANK YOU, .

THANK YOU.

ALL RIGHT.

WITH THAT, UH, THERE'S A MOTION ON THE TABLE THAT IS, UH, SECONDED BY THE CHAIR.

WE CAN SHOW THIS ITEM ADOPTED BY ACCLIMATION.

THANK YOU COLLEAGUES.

I APPRECIATE IT.

AND CHAIR, THANK YOU FOR DOING THE WORK ON THIS OVER LAST NUMBER OF YEARS AND GETTING IT DONE.

IT'S TEAMWORK.

EVERYTHING IS ALWAYS TEAMWORK.

AND ACTUALLY, I WANT TO THANK, UM, COMMISSIONER DOMINGUEZ BECAUSE UNDER THE LAST ITERATION OF THE LAND USE COMMITTEE, SOME OF SOME OF THIS WAS ABOUT TO GET, UH, SIDETRACKED AND NOT MOVING IN IN THE RIGHT DIRECTION.

I, I HAPPENED TO BE OUT OF TOWN FOR THAT LAND USE COMMITTEE MEETING.

COMMISSIONER DOMINGUEZ, UH, ACTUALLY WAS ABLE TO SAVE THE ITEM AND, UH, FOR ME.

AND SO COMMISSIONER DOMINGUEZ ALL THESE YEARS LATER, THANK YOU SO MUCH FOR SINCE WE'RE IN THE SUNSHINE, WE, AND I CAN TELL YOU THANK YOU FOR THAT.

THANK YOU FOR, UH, FOR, FOR SAVING THIS ITEM SO WE CAN MOVE IT FORWARD.

THANK YOU.

ALRIGHT, COLLEAGUES, UH, TWO ITEMS LEFT, TWO ITEMS LEFT.

YES.

WE'RE, WE'RE IN THE FINAL STRETCH.

UM, MR. DIRECTOR, LET'S CALL ITEM NUMBER

[22. REVIEW AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS TO AMEND THE HOTEL APPROVAL PROCESS]

22.

OKAY.

UH, ITEM NUMBER 22 IS REVIEW AMENDMENTS TO THE LAND DEVELOPMENT REGULATIONS TO AMEND THE HOTEL APPROVAL PROCESS.

UH, THIS IS COMMISSIONER MAGAZINE'S ITEM, AND WE HAVE THE PLEASURE OF HAVING COMMISSIONER MAGAZINE IN THE HOUSE.

UH, SO COMMISSIONER MAGAZINE, I'M GONNA RECOGNIZE YOU TO PRESENT YOUR ITEM.

YEAH, DO, UH, I'LL GIVE SOME PHOTO.

UM, DO YOU WANT, DO YOU WANT TO TEE THIS UP AND I'LL, UH, GIVE A PRESENTATION AFTER? SURE.

I'D BE HAPPY TO.

UM, THIS ITEM WAS LAST DISCUSSED BY THE, UM, LAND USE COMMITTEE, UM, ON MAY FIR, UM, ACTUALLY, UM, I'M SORRY, ON JUNE 10TH AND WHEN THE ITEM WAS DISCUSSED AT JUNE 10TH, UM, THE ADMINISTRATION WAS REQUESTED TO COME BACK WITH A DRAFT PROCESS IN THE FORM OF AN ORDINANCE, UM, BASED UPON CERTAIN CRITERIA, WHICH INCLUDED CITY COMMISSION REVIEW OCCURRING AT THE BEGINNING OF THE APPROVAL PROCESS, THAT THE COMMISSION APPROVAL WOULD APPLY TO NON OCEAN FRONT AND NON WATERFRONT HOTEL PROJECTS.

UM, AND THEN TO USE ITEM TWO IDENTIFIED IN THE LAND USE MEMO OPTIONS FOR THE JUNE MEETING AS A BASE.

UM, AND LASTLY, THE COMMISSION REQUESTED THAT THE REVIEWER CRITERIA INCLUDE IMPACTS ON RESIDENTIAL USES.

THE ATTACHED ORDINANCE, UM, ESTABLISHES A HOTEL APPROVAL PROCESS IN THE FORM OF A COMMISSION WARRANT.

AND BASICALLY WHAT WOULD HAPPEN IS, UM, IF A HOTEL USE IS AUTHORIZED IN A PARTICULAR ZONING, UH, OR OVERLAY DISTRICT, UM, THEY WOULD FIRST NEED TO MAKE APPLICATION TO THE CITY COMMISSION PRIOR TO THE REVIEW BY ANY LAND USE BOARD.

AND THAT WOULD EITHER BE THE PLANNING BOARD IF REQUIRED, UH, AND THE DESIGN REVIEW OR HISTORIC PRESERVATION BOARD, UH, AS APPLICABLE.

AND IT WOULD INCLUDE THE APPROVAL OF ANY BUILDING PERMIT FOR HOTEL PROJECTS THAT EXCEED THE FOLLOWING THRESHOLDS.

UH, FIRST NEW HOTEL CONSTRUCTION THAT EXCEEDS 15,000 SQUARE FEET OF FLOOR AREA OR NEW HOTEL CONSTRUCTION EXCEEDING 30 HOTEL UNITS, OR THE CONVERSION OF MORE THAN 25 EXISTING RESIDENTIAL APARTMENTS, OR MORE THAN 5,000 SQUARE FEET OF OFFICE OR COMMERCIAL SPACE WITHIN A SINGLE DEVELOPMENT SITE TO HOTEL SUITE, HOTEL OR HOSTEL.

UM, THE EXEMPTIONS INCLUDE HOTELS PROPOSED TO BE LOCATED ON A BAYFRONT OR OCEANFRONT PROPERTY.

UM, OR IF A HOTEL IS PROPOSED WITHIN AN EXISTING CONTRIBUTING BUILDING WITHIN A LOCAL HISTORIC DISTRICT, PROVIDE THAT PROVIDED THAT ANY NEW ADDITION CONTAINED NO MORE THAN 50 HOTEL UNITS, UM, THE WARRANT WOULD BE, UH, REVIEWED AND POTENTIALLY GRANTED BY THE COMMISSION, UH, VIA RESOLUTION, AND IT WOULD REQUIRE AN AFFIRMATIVE VOTE OF FIVE SEVENS OF ALL MEMBERS OF THE COMMISSION IN ORDER TO APPROVE THE RESOLUTION.

UM, THIS WOULD BE DONE AS PART OF A PUBLIC HEARING, UH, WHICH WOULD OCCUR PRIOR TO THE ACCEPTANCE OF AN APPLICATION TO THE PLANNING BOARD DESIGN REVIEW BOARD OR HISTORIC PRESERVATION BOARD.

SO THE COMMISSION WOULD NEED TO APPROVE THE RESOLUTION, GRANTING THE WARRANT BEFORE AN APPLICATION TO A LAND USE BOARD COULD BE MADE.

UM, LASTLY, IN REVIEWING THE APPLICATION FOR A COMMISSION WARRANT, UM, WE HAVE IDENTIFIED CRITERIA THAT THE COMMISSION WOULD FOLLOW IN DETERMINING WHETHER OR NOT TO GRANT THE WARRANT.

THERE ARE NINE CRITERIA THAT HAVE BEEN IDENTIFIED, AND THEY INCLUDE, UM, COMPATIBILITY, UM, IMPACTS ON AFFORDABLE AND WORKFORCE HOUSING,

[03:10:01]

PROXIMITY TO RESIDENTIAL USES, WHETHER ADEQUATE OFF STREET PARKING HAS BEEN PROVIDED, THE IMPACT OF EMPLOYEES OF THE HOTEL DEVELOPMENT ON THE DEMAND IN THE CITY FOR HOUSING, PUBLIC TRANSIT AND CHILDCARE IMPACT OF HOTEL ON EXISTING INFRASTRUCTURE.

UM, WHETHER OR NOT THE APPLICANT HAS TAKEN MEASURES TO EMPLOYEE RESIDENTS OF NEIGHBORHOODS JOINING THE HOTEL, WHETHER THE APPLICANT WILL TAKE MEASURES TO ENCOURAGE HOTEL WORKERS AND GUESTS TO USE PUBLIC TRANSPORTATION.

AND WHETHER THE HOTEL, HOTEL DEVELOPMENT WILL SUPPORT SMALL BUSINESSES IN THE IMMEDIATE AREA.

IF THERE'S CONSENSUS ON THIS OR OTHER OPTIONS, UM, THE LAND USE COMMITTEE CAN MAKE A RECOMMENDATION TO THE COMMISSION TO REFER THE ORDINANCE TO THE PLANNING BOARD.

THANK, THANK YOU FOR THAT, TOM.

UM, AND THE INTENT ON THIS, AND WHAT WE DISCUSSED BEFORE IS VERY MUCH IN LINE WITH, UH, WHAT WE'VE BEEN TALKING ABOUT PRIOR TO, UH, THIS ITEM HERE.

AND THAT IS FINDING HOUSING FOR THE MISSING MIDDLE.

RIGHT.

AND ESSENTIALLY HOW I ENVISION THIS IS IF AN APPLICANT COMES AND THEY'RE ABLE TO BUILD A HOTEL, AS OF RIGHT, WE START EARLY IN THE PROCESS AND SAY, WELL, WE UNDERSTAND THAT A CITY MUST GROW OR DIE, BUT WE WANT TO GROW IN A SMART, RESPONSIBLE WAY.

AND I THINK COLLECTIVELY WE ALL SEE AND SAY, MAYBE EXCEPT FOR MORE SPORADIC USES, LIKE ALONG THE OCEAN FRONT OR BAYFRONT, WHERE THAT'S NOT GOING TO BE USED FOR FULL-TIME RESIDENTS ANYWAY, LET'S GROW THROUGH A RESIDENTIAL POPULATION AS OPPOSED TO MORE TRANSIT USAGES.

SO THIS PROVIDES JUST A FURTHER SAFEGUARD.

IT GIVES US THE OPPORTUNITY TO KIND OF GET OUT IN FRONT, UH, A GREAT EXAMPLE, AND THIS ISN'T, UH, DENIGRATING THE PROPERTIES, UH, IN ANY WAY, UH, WHATSOEVER, BUT, UM, FOR AN INFILL PROJECT LIKE WHERE THE, UH, HOTELS ARE ALONG FIFTH STREET CORRIDOR, RIGHT? FINE PRODUCTS, BUT I WOULD MUCH RATHER SAY, UH, EARLY ON IN THE PROCESS, YOU KNOW WHAT, THAT'S KIND OF IN THE MIDDLE OF A, YES, IT'S ON A CORRIDOR, BUT IT'S A BUDDING RESIDENTIAL NEIGHBORHOODS TO BOTH SIDES.

HOW CAN WE WORK WITH THIS PROJECT, THE APPLICANT TO ESSENTIALLY TURN THIS HOTEL THAT THEY'RE ABLE TO BUILD AS OF RIGHT INTO A MORE CONDUCIVE RESIDENTIAL PROJECT, UH, THAT I THINK WE ALL, UH, WISH AND DESIRE TO SEE.

UM, SO THAT'S WHERE THIS ITEM STEMS FROM.

UH, WE, SINCE THIS WAS FIRST PROPOSED, WE HAVE, UM, MADE PROGRESS IN, YOU KNOW, KIND OF PUTTING FURTHER INCENTIVES TO RESIDENTIAL USAGES AND IT'S IN THE PIPELINE TO CUT BACK ON SOME OF THE INCENTIVES FOR HOTELS.

UH, SO MAYBE, YOU KNOW, UH, SOME OF THOSE THINGS KIND OF TAKE CARE OF ITSELF, BUT I DO THINK THAT THIS IS ANOTHER PRUDENT SAFEGUARD.

THANK YOU.

UH, COMMISSIONER.

SO I JUST HAVE A QUESTION.

I LOVE THIS ITEM.

I THINK THIS ITEM IS GREAT AND I'M GOING TO SUPPORT IT.

IF ANYTHING, I WOULD LIKE IT TO BE STRENGTHENED A LITTLE BIT WITH THE SIZE AND THE UNITS BETTER.

WELL, WELL, UM, SO FOR EXAMPLE, HOTEL, UM, THE FOLLOWING HOTEL DEVELOPMENTS WOULD NOT BE REQUIRED TO SEEK A COMMISSION WARRANTED.

IT WOULD BE A HOTEL LOCATED ON A BAYFRONT OR OCEANFRONT PROPERTY.

I COMPLETELY GET THE OCEAN FRONT BECAUSE THAT'S WHERE WE USUALLY HAVE OUR LARGER HOTELS.

BUT ON THE BAY FRONT, YOU STILL HAVE CERTAIN AREAS IN OUR BAY FRONT, UM, YOU KNOW, ESPECIALLY AREAS IN NORTH BEACH.

UM, YOU HAVE AREAS YOU COULD POTENTIALLY EVEN HAVE, UH, CERTAIN HOTELS AT OUR BAYFRONT ON BELL ISLE, I THINK.

WHAT ARE SOME OTHER AREAS? UH, TOM, I KNOW, NOT WEST AVENUE, BECAUSE IN WEST AVENUE, UH, WE HAVE THE OVERLAY THAT PROHIBITS IT AS WELL AS IN SUNSET HARBOR, WHERE WE HAVE A VISION PLAN THAT PROHIBITS IT.

BUT I THINK BELL ISLE, WE COULD POTENTIALLY HAVE A HOTEL, UH, SOMEONE COME IN, A CORPORATION, COME IN, BUY UP A BUILDING AND CONVERT IT TO HO TO TO HOTEL, RIGHT? YEAH.

THE SOUTH SIDE OF BELL ISLE IS OWNED RM TWO, WHICH CURRENTLY PERMITS HOTELS.

AND HOW ABOUT, UM, AREAS LIKE IN NORTH BEACH? IN NORTH BEACH, THERE'S LIMITED AREAS THAT ARE, ARE ZONED R RM TWO THAT COULD POTENTIALLY HAVE LIMITED BAYFRONT EXPOSURE.

SO IF YOU WOULD, IF JUST AS A FRIENDLY AMENDMENT LET'S, I WOULD SUGGEST KEEPING BAYFRONT, UH, PROPERTIES AS PART OF THOSE HAVING TO COME TO THE COMMISSION, I'D BE HAPPY WITH THAT.

IN FACT, UH, IT WAS PROBABLY MY FAULT.

I SAID WATERFRONT.

UM, AND I WAS ACTUALLY ENVISIONING OCEANFRONT BECAUSE THAT'S WHERE MY MIND WENT AND, AND STAFF RIGHTFULLY SO KIND OF TOOK ME, UH, LITERAL WITH MY WORDS, BUT I WAS ENVISIONING, UH, OCEANFRONT, UH, WHILE WE'RE ON THE TERM OF STRENGTHENING IT, IF I COULD JUST, UH, UH, ASK STAFF OF ONE THING, TOM, SOME OF THE SMALLER HOTELS SEEM TO BE EXCLUDED, AND IN FACT, THAT'S SOMEWHAT WHERE MY WORRY LIES BECAUSE THAT'S WHAT COMES DOWN IN A LOT IN THE MIDDLE OF A LOT OF OUR RESIDENTIAL AREAS.

UH, I DON'T KNOW THE SQUARE FOOTAGE OF THIS, BUT ANOTHER GREAT EXAMPLE FOR WHERE THIS ORDINANCE WOULD'VE BEEN USEFUL IS IN THE SUNSET HARBOR, UH,

[03:15:01]

UH, SITUATION WHERE IF THEY WOULD'VE COME TO THE COMMISSION BEFORE ALL THOSE PLANS WERE IN PLACE, UH, WE WOULD'VE BEEN ABLE TO NEGOTIATE A BETTER DEAL THAT'S MORE CONDUCIVE FOR THE NEIGHBORHOOD THERE.

UM, BUT IN TERMS OF, UH, NOT LIMITING OR NOT INCLUDING THE SMALLER SCALE HOTELS, I THINK YOU SAID UNDER 15,000 SQUARE FEET? YEAH.

THE, THE, THE DRAFT THAT WE HAD COME UP WITH, AND AGAIN, THIS DRAFT WAS FOR PURPOSES OF FACILITATING THIS DISCUSSION.

AND SO TO THE EXTENT WE NEED TO FINE TUNE THIS AT THE COMMITTEE LEVEL, WE CAN CERTAINLY INCLUDE AND INCORPORATE WHATEVER AMENDMENTS ARE APPROVED HERE IN THE ORDINANCE THAT WE BRING TO THE COMMISSION FOR REFERRAL TO THE PLANNING BOARD.

BUT WHAT WE HAD SUGGESTED AS A, AS KIND OF A STARTING POINT WOULD BE, UM, IF HOTELS WERE UNDER NEW CONSTRUCTION THAT WAS UNDER 15,000 SQUARE FEET OF FLOOR AREA.

SO THAT WOULD BE A SMALL HOTEL ON SAY, A 7,500 SQUARE FOOT LOT IN THE RM TWO DISTRICT.

UM, TO THE EXTENT YOU THINK THAT NEEDS TO BE MODIFIED AND IT SHOULD BE EVEN SMALLER IN ORDER TO GET THE EXEMPTION, WE CAN CERTAINLY DO THAT.

THAT'S WHERE I WOULD LEAN, BECAUSE I THINK SOME OF THE PROBLEMS WHERE WE SEE IN THE HOTELS, IT'S NOT THE LARGER ONES THAT ARE WATERFRONT OR, OR EVEN ALONG ALTON ROAD, BUT IT IS A SMALL ONE THAT POPS UP ON SIXTH STREET OR, YOU KNOW, IN, IN THE MIDDLE OF, UH, FLAMINGO PARK OR IN THE MIDDLE OF COLLINS PARK.

COMMISSIONER, YOU'VE PICKED UP ON ONE OF THE POINTS I WAS GOING TO, TO TO MENTION, BECAUSE, YOU KNOW, IT DOES MENTION THAT EXEMPT FROM THIS RECOVERY WILL BE HOTEL PROPOSED WITHIN AN EXISTING CONTRIBUTING BUILDING WITHIN A LOCAL HISTORIC DISTRICT, PROVIDED THAT ANY NEW ADDITION CONTAINED NO MORE THAN 50 HOTEL UNITS.

SO WHEN WE THINK ABOUT IT, THAT IS USUALLY WHEN, WHERE, WHERE OUR MOST ATTAINABLE, AFFORDABLE, EVEN SECTION EIGHT HOUSING IS.

LET'S THINK, LET'S THINK AN EXAMPLE OF THAT, UM, I THINK, UH, WAS THE RIVIERA APARTMENTS, THE RIVIERA APARTMENTS WOULD'VE BEEN PROTECTED FROM THROUGH A WARRANT PROCESS WOULD'VE COME TO US, UM, HAD SO HAD THE POLICY EXISTED.

SO WOULD YOU, SO SO YOU'RE PROPOSING THIS SECOND BULLET THAT SAYS HOTELS PROPOSED WITHIN AN EXISTING CONTRIBUTING BUILDING WITHIN A LOCAL HISTORIC DISTRICT PROVIDED THAT ANY NEW ADDITION CONTAINED NO MORE THAN 50 HOTEL UNITS, NO LONGER BE EXEMPTED, AND THAT THOSE HAVE TO COME TO THE CITY COMMISSION.

OKAY.

I AGREE WITH THAT.

OKAY.

AND SO WHAT WE'LL DO IS WE WILL REMOVE THAT IN TOTAL.

SO EVEN IF YOU'RE A CONTRIBUTING BUILDING IN A HISTORIC DISTRICT, YOU STILL, IF YOU WANT TO CONVERT TO A HOTEL, YOU'VE GOTTA COME TO THE COMMISSION.

OF COURSE, THAT'S REMOVING BAYFRONT.

YEAH, WE'RE REMOVING BAYFRONT.

YES.

YEAH.

AND, AND, AND IT JUST SEEMS TO MAKE SENSE.

'CAUSE THAT IS, THAT IS WHERE I THINK WE TRULY ARE SEEING OUR GREATEST DISPLACEMENT, VERY VULNERABLE AREAS.

COMMISSIONER MAGAZINE, AMAZING WORK.

AND THANK YOU, THANK YOU FOR, FOR, FOR LOOKING OUT, UH, FOR THOSE WHO WHO HAVE HOUSING INSECURITY IN OUR, IN OUR COMMUNITY AND FOR YOUR VERY REASONABLE AMENDMENTS.

AND BEFORE YOU MOVE THIS, JUST FOR CLARITY PURPOSES, UH, I'M GONNA ADJUST THE ORDINANCE SO THAT, UM, IN TERMS OF THE EXEMPTIONS, THE ONLY EXEMPTION WILL BE A HOTEL THAT IS PROPOSED TO BE LOCATED ON AN OCEANFRONT PROPERTY.

AND I THINK THAT THAT MAKES PERFECT SENSE.

OKAY.

THAT, THAT IS WHERE WE HAVE HISTORICALLY IN OUR CITY HAD, UH, YOU KNOW, THIS TYPE OF HOTEL DEVELOPMENT AND UM, UH, COMMISSIONER MAGAZINE.

DO YOU WANT US TO LEAVE THE APPLICABILITY, UH, THRESHOLDS IN PLACE, WHICH WOULD BE NEW HOTEL CONSTRUCTION EXCEEDING 15,000 SQUARE FEET OF FLOOR AREA? OR IS THAT SOMETHING YOU'D ALSO LIKE TO ADJUST AS WELL? I, I KNOW THIS IS KIND OF JUST, UH, STICKING MY FINGER IN THE AIR, BUT I WOULD LIKE TO SEE IT, UH, LOWER.

OKAY.

BECAUSE I THINK WHERE SOME OF OUR PROBLEMS ARE ARE, YOU KNOW, NEXT TO THE COMMISSIONER SUAREZ'S HOUSE WHERE, YOU KNOW, ONE OF THESE SMALL BOUTIQUE, MAYBE NOT A HOTEL IN THAT INSTANCE, BUT IT COULD BE A SIMILAR SITUATION.

THOSE ARE THE THINGS THAT WE DON'T WANT SLIPPING UNDER THE RADAR.

OKAY.

I THINK THAT THERE IS, UM, YOU KNOW, AN URGENCY FOR AN ITEM OF THIS NATURE, UH, SINCE THIS WAS NOT A DUAL REFERRAL, CORRECT? CORRECT.

UM, COMMISSIONER MAGAZINE, I GUESS IT'S YOUR ITEM.

UM, YOU KNOW, I THINK IT WOULD BE PRUDENT TO REQUEST THAT THIS ITEM BE INCLUDED AS A REFERRAL TO THE PLANNING BOARD AT NEXT WEEK'S MEETING.

'CAUSE I DO THINK THIS IS VERY IMPORTANT TO THE QUALITY OF LIFE OF SO MANY OF OUR RESIDENTS BEING, BEING PUSHED OUT OF OUR CITY.

SO WOULD YOU AGREE TO, IF OUR STAFF REQUESTS FOR THIS TO BE PLACED AT, UH, NEXT WEEK'S AGENDA? YEP, OF COURSE.

ALRIGHT.

AND WE CAN DO THAT, MR. ATTORNEY? YES.

OKAY.

YES.

AND THEN, SO FOR THE, UM, SINCE WE'RE GONNA BE MOVING THIS FORWARD PRETTY QUICKLY, UM,

[03:20:01]

DO YOU WANT TO GO AHEAD AND REDUCE THE APPLICABILITY FROM HOTELS EXCEEDING 15,000 SQUARE FEET TO HOTELS EXCEEDING 5,000 SQUARE FEET? YES.

OKAY.

YEAH.

AND, AND TOM, JUST TO MAKE SURE THAT I, I KNOW WE'VE HAD ISSUES WHERE THINGS THAT ARE PART OF THE WAY THROUGH THE APPROVAL PROCESS GET CAUGHT UP, THAT THAT'S NOT MY INTENT, IS THE DERAIL ANY PROJECTS THAT, YOU KNOW, HAVE ESSENTIALLY ALREADY BEEN PLANNED FOR.

THIS IS PLANNING FOR STEALING MY FRIEND AND COLLEAGUES, UH, COMMISSIONER ABOUT THE CITY THAT WE WANT TO SEE, AND NOT LOOKING TO DERAIL ANYTHING WHERE THERE'S ALREADY BEEN TIME AND MONEY SPENT OR NOT.

RIGHT.

YEAH.

AND THEN IN TERMS OF THE OTHER TWO PROVISIONS IN THE APPLICABILITY, UM, IS LEAVING NEW HOTEL CONSTRUCTION EXCEEDING 30 HOTEL UNITS, OR DO YOU THINK 30 SHOULD BE A LOWER THRESHOLD AS WELL? YEAH, IT, THAT'S THE SAME, UH, PREMISE OF THE SQUARE FOOTAGE.

OKAY.

SO MAYBE 10 HOTEL UNITS? YEAH.

OKAY.

AND THEN THE LAST ONE WOULD BE, I MEAN, TOM, NOT TO BEAT AROUND THE BUSH, JUST BE OUT FRONT.

IS THERE A REASON WHY WE HAVE ANY LOWER FLOOR LIMIT? NO, THIS WAS SOMETHING THAT WAS, LET'S SCRAP IT.

I MEAN, THAT'S WHAT I'D LIKE TO DO.

IF YOU'RE BUILDING A, A TWO ROOM HOTEL , IT COULD COME TO THE COMMISSION FOR APPROVAL.

IT WILL BE ENDING LITERALLY HOUSE INVENTORY.

YEAH.

OKAY.

ANY HOTELS NOT OCEANFRONT.

YEP.

OKAY.

I AGREE.

AND MR. CHAIRMAN, IF I MAY, I'LL BE BRIEF, BUT I KNOW WHEN THIS CAME UP AT A PREV AT A PRIOR LAND USE MEETING, I ADVISED THE COMMITTEE THAT WHEN THE COMMISSION, UM, IS REVIEWING ONE OF THESE REQUESTS, YOU'LL BE SITTING IN A, IN A QUIZ, A JUDICIAL CAPACITY LIKE THE LAND USE BOARDS DO.

UM, SO YOU'LL BE REQUIRED TO, UH, KEEP TRACK OF ANY EX PARTE COMMUNICATIONS.

YOUR DECISIONS WILL HAVE TO BE BASED ON THE REVIEW CRITERIA IN THE ORDINANCE.

UM, AND THERE WILL BE, YOU KNOW, A PRESENTATION BY THE APPLICANT, PUBLIC HEARING IN SUPPORT OR OPPOSITION AND A REBUTTAL.

SO THOSE WILL BE TREATED LIKE KUSA JUDICIAL HEARINGS, UH, THAT YOU'RE ACCUSTOMED TO SEEING BEFORE THE LAND USE BOARDS.

I DIDN'T TAKE YOU SERIOUS WHEN YOU SAID IT WITHOUT THE BEARD, BUT YOU KNOW, THAT HIT HOME AND SO AND SO, MR. ATTORNEY, LET ME, LET ME JUST ASK YOU FOR, FOR THE RECORD, UH, WHEN A, WHEN AN AGENCY SITS IN A QUASI JUDICIAL CAPACITY, WHETHER IT BE OUR AGENCY OR OR OR ANOTHER AGENCY LIKE THE PLANNING BOARD, THEY HAVE TO ADHERE TO REVIEW CRITERIA.

IS THAT CORRECT? THAT'S CORRECT.

AND IN THIS CASE, ONE OF THE REVIEW CRITERIA IS WHETHER THE HOTEL WILL NEGATIVELY AFFECT THE AVAILABILITY OF EXISTING AFFORDABLE OR WORKFORCE HOUSING.

IS THAT CORRECT? THAT'S CORRECT.

OKAY, THANK YOU.

JUST WANTED THAT FOR THE RECORD.

I, I LIKE IT WHEN WE GET TO CONSIDER THE IMPACT ON HASI.

TELL ME MORE.

WE LAST, LAST ITEM

[23. CONSIDER THE CREATION OF A NEW CAPITAL PROJECT TO INSTALL FLOATING WALKWAYS AND/OR THE ACQUISITION OF THE OUTLOT AT 2811 INDIAN CREEK DRIVE TO COMPLETE THE INDIAN CREEK PEDESTRIAN PATHWAY]

NUMBER 23, MR. DIRECTOR.

OKAY.

UH, AND THEN THE LAST ONE, WE'LL SHOW THAT DONE BY ACCLIMATION, AND WE WILL DO OUR BEST TO GET THIS ON AS A SUPPLEMENTAL FOR THE SEPTEMBER 11TH CITY COMMISSION MEETING.

THANK YOU.

UM, ITEM NUMBER 23, CONSIDER THE CREATION OF A NEW CAPITAL PROJECT TO INSTALL FLOATING WALKWAYS AND OR THE ACQUISITION OF THE OUTLAW OF 28 11 INDIAN CREEK DRIVE TO COMPLETE THE INDIAN CREEK PEDESTRIAN PATHWAY.

THANK YOU.

UM, MR. DIRECTOR, UH, I THINK YOU'RE PROBABLY ALL SICK.

UH, HEARING ME TALK ABOUT, UH, THE INDIAN CREEK PATHWAY.

THE PUBLIC INVESTED A GREAT AMOUNT OF MONEY IN DOING THIS BEAUTIFUL AREA, UM, THAT, UM, THAT THIS BEAUTIFUL PROMENADE, UH, ALONG THE INDIAN CREEK, UM, CANAL WATERWAY THAT GOES FROM 24TH STREET ALMOST ALL THE WAY TO, TO 41ST STREET.

UM, A NUMBER OF PROPERTY OWNERS, UM, ACTUALLY ALL PROPERTY OWNERS IN A, IN A SEGMENT OF IT EXCEPT FOR, FOR ONE, UH, GAVE EASEMENTS TO THE CITY, UH, TO, TO, TO ACCOMMODATE, UH, THIS, THIS PATHWAY.

AND NOW WHAT'S HAPPENED IS THAT YOU HAVE THE, THE PATHWAY.

YOU HAVE ONE PROPERTY OWNER THAT DIDN'T GIVE THE EASEMENTS, AND THEN YOU HAVE A BRIDGE.

AND FOR PEOPLE TO, TO, TO GET FROM THE PATHWAY BACK ONTO THE SIDEWALK, THEY HAVE TO WALK ON A SEA WALL, WHICH IS HIGHLY UNSAFE, GET OFF THE SEA WALL INTO A TWO FOOT RIGHT OF WAY TO GET BACK ONTO THE SIDEWALK.

IT IS, IT IS THE MOST UNSAFE AND SELFISH THING TO THEIR NEIGHBORS THAT, UM, THAT, THAT, THAT THIS PROPERTY OWNER HAS DONE.

UM, AND THE MOST OFFENSIVE PART OF IT, THE MOST OFFENSIVE PART OF IT IS THAT THE TAXPAYERS PAID TO HAVE THIS PROPERTY OWNERS CWA, FIXED ALL THE OTHER PROPERTY OWNERS THAT GAVE THE EASEMENT,

[03:25:01]

GAVE THE EASEMENT, AND HAD THEIR SEA WALL FIXED.

AND THIS PERSON HAD THEIR SEA WALL FIXED AND MODERNIZED BY THE TAXPAYERS OF THE CITY OF MIAMI BEACH.

AND THIS PERSON IS NOW CREATING AN UNSAFE ENVIRONMENT FOR EVERY PEDESTRIAN THAT'S ON THAT WALKWAY THAT HAS TO GET ON A SEA WALL IN ORDER TO ACCESS THE PUBLIC RIGHT OF WAY AGAIN, AND OUR CITY AND OUR RESIDENTS TO SERVE SOMETHING BETTER AND SAFER.

SO I AM GOING TO PASS THIS OFF TO OUR, UH, INTERIM ASSISTANT CITY MANAGER, DAVID MARTINEZ, TO GUIDE US ON WHAT, WHAT THE ADMINISTRATION IS, IS RECOMMENDING.

I KNOW YOU'VE BEEN LOOKING AT POSSIBLE E POSSIBLE EMINENT DOMAIN PROCEEDINGS TO, TO TAKE OVER THIS PROPERTY AND CREATE THE LEVEL OF CONNECTIVITY THAT THE PUBLIC DESERVES.

ANY GOOD, GOOD AFTERNOON, MR. CHAIR, AND THANK YOU FOR THAT.

UM, I'LL INTRODUCE THE, THE DISCUSSION AND I'LL LET THE PUBLIC WORK SCENE FILL IN THE BLANKS.

UM, SO YES, THIS IS SOMETHING THAT'S BEEN GOING ON FOR QUITE SOME TIME AND WE HAVE NOT BEEN SUCCESSFUL OBVIOUSLY IN WORKING ANY KIND OF, UH, ARRANGEMENT OR DEAL WITH THIS PROPERTY OWNER.

I KNOW THAT THE PUBLIC WORKS TEAMS AS WELL AS, UH, OUR CITY ATTORNEY'S OFFICE HAVE, HAVE BEEN IN TOUCH WITH THE PROPERTY OWNER, UH, TO TRY TO WORK SOMETHING OUT AMICABLY.

UM, THE PROPERTY WE'RE TALKING ABOUT, OF COURSE, IS STRICTLY THE PROPERTY ON THE WATER SIDE OF, OF INDIAN CREEK, ON THE WEST SIDE OF INDIAN CREEK.

WE'RE NOT TALKING ABOUT THE PROPERTY, THE, OF THE FOAL PROPERTY ON THE EAST SIDE, UH, OF INDIAN CREEK.

SO WITH THAT, I'M GONNA LET BRAD KAIN TELL US A LITTLE BIT ABOUT WHERE WE'VE GOTTEN AND WHAT OUR NEXT STEPS LOOK LIKE.

THANK YOU.

GOOD AFTERNOON, CHAIR FERNANDEZ.

HELLO, COMMISSIONERS.

UM, WE, WE'VE HAD DISCUSSIONS, UM, AS, UM, MAR AND CITY MANAGER MARTINEZ SAID, WITH THE PROPERTY OWNER.

UM, UNFORTUNATELY, UM, AS YOU STATED BEFORE, UH, HE IS NOT WILLING TO, UM, GIVE AN EASEMENT.

HE'S NOT WILLING TO DO A QUICK CLIP PROCLAIM DEED AS OTHER HOMEOWNERS HAVE DONE ALONG, UH, INDIAN CREEK.

UM, AND HAS HE BLOCKED THE PUBLIC'S ACCESS FROM, FROM HIS PROPERTY? N NOT TO MY KNOWLEDGE.

I CAN'T SPEAK TO THAT.

THERE'S A GATE, THERE'S A FENCE AROUND HIS, YES, THERE'S A FENCE.

YEAH.

OKAY.

BUT, UM, THERE ARE, THERE ARE A FEW OPTIONS, UH, THAT, YOU KNOW, WE'RE AT THIS POINT, UH, THAT WE CAN ONLY DO AT THIS POINT TO TRY TO, YOU KNOW, GET THIS PUBLIC BENEFIT TO OUR RESIDENTS.

UM, I WILL LET, UM, JOHN CARLO, WHO IS ASSISTANT CITY ENGINEER, TALK ABOUT SOME OF THOSE.

UM, AND, UH, WE'LL SEE WHERE WE CAN GO.

YEAH, SO LIKE, LIKE BARB MENTIONED, UH, WE'RE LOOKING AT DIFFERENT OPTIONS.

ONE OF THOSE IS UP TO THE PODIUM.

SORRY.

THANK YOU.

GOOD AFTERNOON.

WELCOME.

YEAH, WE LOOK AT DIFFERENT OPTIONS AND I THINK THAT THE PATH FORWARD WILL BE TO, TO TRY TO GET TO PURCHASE AN EASEMENT, A SIX FOOT EASEMENT.

THAT'S THE, THE OPTION THAT WE WOULD LIKE TO, TO, TO ENTERTAIN AND, AND, AND, AND GET A, AN APPRAISAL AND, AND A AND TO MAKE SURE IF IT'S POSSIBLE, AND THAT, THAT WOULD BE ONE OF THE OPTIONS THAT WE ALLOW TO HAVE AS THE SIX FOOT PAD THAT IS CON CONTINUES TO, TO HAVE A, THAT SECTION CONNECTED, CONSISTENT, CONSISTENT, CONSISTENT WITH THE REST OF THE PATHWAY.

EXACTLY.

WE, WE, WE, WE CURRENTLY HAVE A SIX FOOT PATHWAY, SO THAT'S THE INTENTION TO, TO JUST PURCHASE THAT.

AND JUST TO, TO PUT ON THE RECORD, WE DO HAVE AN EASEMENT, BUT IT'S A, A UTILITY EASEMENT THAT GOES THROUGH THAT PROPERTY.

SO THE VALUE OF THAT, WE'LL, WE'LL SEE WHAT COMES WHEN WE REQUEST IT, BUT ALREADY WE HAVE AN UTILITY EASEMENT.

IT'S NOT A ABOVE GROUND EASEMENT, BUT STILL THERE'S, YOU KNOW, LIMITATIONS THAT THAT PROPERTY CAN DO IN TERMS OF BUILDING AND IN THE FUTURE.

SO THAT, THAT, YOU KNOW, MAY BE A FACTOR FOR US IN TERMS OF, OF HOW MUCH WE HAVE TO PAY FOR THE, FOR THAT.

SO, SO, SO, SO JUST TO PUT THIS, UM, IN, IN TO, TO, TO CLARIFY FOR, FOR THE PUBLIC.

MM-HMM.

, THIS IS THE OUT PARCEL.

YES.

THE STRIP OF LAND ON THE WEST SIDE OF, OF INDIAN CREEK ACROSS FROM 28 11 INDIAN CREEK.

WE'RE NOT LOOKING TO EMINENT DOMAIN THE ENTIRE PROPERTY.

IS THAT CORRECT? THAT'S THAT, YEAH.

THAT'LL BE THE NEXT STEP IF, IF, IF IT'S NOT POSSIBLE.

NO, WE'RE NOT LOOKING TO EMINENT DOMAIN THE ENTIRE PROPERTY OBJECT, THE OUT, JUST THE OUT.

WE'RE ONLY LOOKING TO DO AN EMINENT DOMAIN ON THE OUT LOT, WHICH IS A SMALL STRIP OF LAND.

AND, AND WE'RE LOOKING TO EMINENT DOMAIN AN EASEMENT.

YES.

IT'S NOT EVEN TO EMINENT DOMAIN.

THE ENTIRE OUT LOT IS TO DO AN EMINENT DOMAIN FOR AN EASEMENT.

IS THAT CORRECT, MR. ATTORNEY? THAT'S CORRECT.

FOR, FOR A SIX FOOT, UH, SIX FOOT, SIX FOOT WIDE 14 YEARS, YES.

OKAY.

THAT'LL BE THE FIRST LOT.

YEAH.

OKAY.

WHAT, WHAT ACTION DOES THE CITY ADMINISTRATION, THE CITY ATTORNEY'S OFFICE NEED FROM THIS COMMITTEE AND FROM THE CITY COMMISSION TO, UH, GET THIS DONE? IF, IF THE COMMITTEE IS INCLINED TO MOVE FORWARD, YOU COULD TAKE, UH, THAT YOU CAN MAKE THE SAME RECOMMENDATION THAT THE FINANCE COMMITTEE MADE, UM, WHEN THIS WAS HEARD BY FINANCE IN, IN, IN JUNE, WHICH WOULD BE TO RECOMMEND THAT THE, THAT THE COMMISSION AUTHORIZE THE ADMINISTRATION AND THE CITY ATTORNEY'S OFFICE TO CONTINUE TO NEGOTIATE

[03:30:01]

WITH THE OWNER OF THE, OF 28 11.

AND IF THOSE NEGOTIATIONS ARE UNSUCCESSFUL, UH, THEN TO, TO, TO HAVE THE, THE CITY ATTORNEY, UM, TAKE THE NEXT STEPS TOWARD AN FILING, AN EMINENT DOMAIN PROCEEDING.

BUT THE IMPORTANT THING IS THAT IT'S IN EVERYBODY'S INTEREST TO, TO TRY TO ACHIEVE A, A, A NEGOTIATED SETTLEMENT HERE WITHOUT FILING SUIT.

SO I, I THINK OUR, OUR, OUR, OUR INITIAL RECOMMENDATION IS STILL TO TRY TO NEGOTIATE, UH, WITH THE OWNER.

AND IF THAT'S UNSUCCESSFUL, THEN WE WOULD PROCEED.

BUT, BUT, BUT, BUT WE'VE MADE CONTACT WITH THE OWNER.

IS THAT, IS THAT, IS THAT CORRECT, MR. DIRECTOR? YES, THAT'S CORRECT.

WE HAVE DONE, BUT IT, IT WAS ONLY FOR, FOR OUR EASEMENT, BUT NOT PURCHASING.

WE'RE TALKING ABOUT NOW WE'RE GONNA PURCHASE THE EASEMENT INSTEAD OF PURCHASE HIM, GIVE US AN EASEMENT OR A QUICK CLAIM.

D SO IT'S, WELL, WE'RE NOT LOOKING TO PURCHASE THE EASEMENT.

WE'RE LOOKING TO EMINENT DOMAIN, THE EASEMENT, AND ONE THING IS TO PURCHASE IN THE MARKET.

AND ANOTHER THING IS TO EMINENT DOMAIN.

AND, AND THIS IS FOR A PUBLIC PURPOSE WHERE PEOPLE'S SAFETY, PEOPLE'S SAFETY ARE BEING IN DANGER.

WE CREATE THESE PATHWAYS TO PROMOTE PEDESTRIANISM TO PROMOTE SAFETY IN THE WAY THAT OUR RESIDENTS ARE ABLE TO GET AROUND OUR CITY.

BUT IN THIS CASE, SOMETHING THAT'S SUPPOSED TO BE FOR THE SAFETY, FOR THE WELFARE, FOR THE GOOD OF THE TAX PAYING PUBLIC, THIS ONE PROPERTY OWNER IS NOW FORCING THE PUBLIC TO GET ON A SEA WALL.

IMAGINE A HANDICAPPED PERSON.

IMAGINE AN ELDERLY PERSON.

IMAGINE SOMEONE THAT JUST TRIPS.

IT IS SO, IT, IT IS SO INFURIATING AND IT'S SO WRONG THAT SOMEONE BENEFITED FOR THEIR PERSONAL PROPERTY FROM THE TAXPAYER'S DOLLAR THAT THEIR SEA WALL GOT FIXED.

AND IT'S EXPENSIVE TO, IT'S OVER WHAT IS OVER A THOUSAND DOLLARS OF LINEAR FOOT, PROBABLY OVER $1,200 OF LINEAR FOOT TO FIX THE SEA WALL.

YEAH.

THAT'S IN THAT, IN THE GENERAL BALLPARK.

YES.

YEAH.

AND THAT, AND, AND THAT, AND THEN NOW THERE'S THIS, THIS SAME PERSON IS THE ONE THAT IS PUTTING OUR RESIDENCE AND THOSE PEDESTRIANS IN DANGER.

COMMISSIONER SUAREZ.

THANK YOU, MR. CHAIR.

UH, WHO IS THE PROPERTY OWNER AGAIN? I, I THINK IT'S NAMED THROUGH A CORPORATE ENTITY, BUT I, I DON'T KNOW WHO THE PRINCIPAL, I BELIEVE IT'S ALAN WASSERSTEIN IS THE, IS THE OWNER OF THE PROPERTY.

IS IS THAT THE SAME RELATIVE OF, UH, JOSE SMITH? I, THAT'S NOT, I, I JUST, I I DON'T WANT, I'M GETTING, I'M GONNA, I GOTTA, I HAVE NO KNOWLEDGE OF THAT FIRSTHAND.

I MEAN, IS THERE ANY WAY, YOU KNOW, BECAUSE HE'S A RESIDENT OF MIAMI BEACH, IS THERE ANY WAY THAT WE CAN CONTACT JOSE TO HOPEFULLY BROKER A, A, A DEAL HERE? BECAUSE, UM, CERTAINLY WE DO NOT WANT TO, WE WOULD RATHER GO THROUGH A NEGOTIATION AND PURCHASE IT INSTEAD OF EMINENT DOMAIN.

RIGHT.

UM, YOU KNOW, MAYBE WE NEED TO BRING AS MANY PARTIES TOGETHER AS POSSIBLE TO REALLY, TO REALLY HASH OUT A DEAL HERE, BUT, OKAY.

BUT HERE'S THE THING.

WHEN YOU DO A PURCHASE, A PRIVATE PURCHASE, YOU USUALLY PAY A PREMIUM, ESPECIALLY WHEN THE SELLING ENTITY ISN'T LOOKING TO SELL AND THE BUYING ENTITY IS APPROACHING THE SELLER.

WHEN YOU AM IN A DOMAIN, YOU'RE PAYING THE ASSESSED THE PUBLICLY ASSESSED VALUE BY THE PROPERTY APPRAISER.

CORRECT ME IF I'M, IF I'M WRONG, MR. ATTORNEY.

WELL, IN, IN EITHER EVENT, THE, THE CITY WOULD, WOULD HAVE TO, WOULD HAVE TO PAY FOR THIS PROPERTY, RIGHT? WHETHER, WHETHER WE NEGOTIATE A PRICE WITH PROPERTY OWNER OR WHETHER WE INITIATE THE, THE PROCESS FOR, FOR M THAT'S NOT WHAT I'M ASKING.

EMINENT DOMAIN CARRIES OTHER COSTS TOO.

IT'S, IT'S, IT'S COST THAT, THAT JUST INHERENT IN THE LITIGATION IN THE, IN THE TYPES OF ATTORNEYS WHO HANDLE THAT WORK.

UM, SO I THINK, AND THAT'S WHY, YOU KNOW, I, I, I THINK THAT THE RECOMMENDATION IS STILL TO TRY TO NEGOTIATE A, A PRICE WITH THE, WITH, WITH THE PROPERTY OWNER FIRST, BECAUSE WE'RE GONNA BE PAYING ANYWAY.

IF, IF YOU CAN ALLOW ME TO FINISH MR. RICHARD.

THANK YOU.

YES.

UM, YEAH, THERE IN SOME, IN, AND IN SOME INSTANCES, WHENEVER THERE'S, THE JUDGE IS GONNA DECIDE WHAT THE PRICE IS GOING TO BE, IF I'M, IF I'M NOT MISTAKEN.

AND THAT MAY OR MAY NOT BE HIGHER THAN THE VALUE OF THE ASSESS VALUE.

AND SO, UM, THAT, THAT'S WHY I, I MEAN, I, I WOULD, I WOULD ENCOURAGE BRINGING ALL RELATIVE PARTIES TO THE TABLE AND TRYING TO, RENE, YOU KNOW, JUST MAKE SURE WE, WE GET THIS LAST DEAL, UM, HASH.

WHAT, WHAT, WHAT IS THE LAST STICKING POINT ON THEIR NEGOTIATION? WHAT DO THEY WANT? YOU KNOW, I, I THINK THEY, THEY JUST WANT TO BE COMPENSATED.

I THINK THERE'S WHAT, SO WHAT WAS THE LAST OFFER? I WAS NOT INVOLVED IN ANY, YOU KNOW, ACTUAL NUMBERS OF THAT WE OFFERED, WE NEVER OFFERED MONEY FOR THIS LOSS, FOR THIS LOSS THAT WE OBTAINED IN THE PAST.

IT WAS, IT WAS, UH, IT WAS GIVEN TO THE CITY THROUGH A QUICK CLAIM DEAL OR AN EASEMENT.

SO IT WASN'T, IT WASN'T MONEY TO, FOR THE REMAINING LOTS, WE JUST GAVE THEM THAT THE ABILITY TO HAVE A DOCK, BASICALLY.

[03:35:01]

THEY STILL HAVE THE ABILITY TO BUILD A DOCK IN THE FUTURE IF THEY NEED, IF THEY WANNA HAVE WATER ACCESS, THEY STILL HAVE THAT RIGHT.

AS PART OF THE, OF THE NEGOTIATION WITH THE CITY.

SO, BUT CORRECT ME IF I'M WRONG, IF WE HAVE, WHERE ARE WE WHEN NEGOTIATING, I MEAN, WHAT WAS OUR POSITION? WHAT WAS THEIR POSITION? DID, DID THEY JUST ARE ADAMANT ON NOT SELLING OR THEY WANT THEY HAVE A CERTAIN PRICE IN MIND? I, I, I CAN, I CAN PROBABLY TELL YOU THAT THEY PROBABLY HAVE A NUMBER IN MIND.

WE, WE DIDN'T GET THAT FAR.

WE REALLY JUST WANTED TO REVISIT THE ISSUES.

FIRSTLY, IF HE WAS WILLING TO DO A QUICK PLAIN AND READ, OR HE WAS WILLING TO DO AN EASEMENT, UM, WE ALSO NOTIFIED HIM THAT, YOU KNOW, THIS WAS NOT GOING TO BE, IF ANY TYPE OF MO DAM DOMAIN WAS DONE, IT WOULD NOT BE, THE WHOLE PARCEL WAS JUST A PORTION, YOU KNOW, OF THE OUT PARCEL THAT WE'D BE LOOKING TO DO.

AND, YOU KNOW, HE SEEMED TO BE OKAY WITH, YOU KNOW, THAT IF THE MNT DOMAIN PROCESS HAPPENED AS IT RELATED TO THAT.

BUT THERE, IT'S, IT'S A MONETARY ISSUE.

RIGHT.

RIGHT.

AND I JUST WANNA CAUTION, YOU KNOW, JUST BECAUSE WE EMINENT DOMAIN SOMETHING, THEY MAY GET A, THEY MAY GET MORE MONEY OUT OF.

NO, I DON'T THINK SO.

I'VE SEEN PLENTY OF EMINENT DOMAIN PROCEEDINGS AT THE, YOU KNOW, THAT, THAT WE'VE HAD TO APPROVE AT THE COUNTY THAT WE WENT, BUT QUESTION FOR, IT'S USUALLY PRETTY, IT'S NOT THE SAME THING THAT THEY'LL GET ON THE MARKET, RIGHT? IT, IT'S WATERFRONT.

I MEAN, THAT IS SOMETHING TO CONSIDER.

SO, BUT LET'S ASSUME THAT WE DO EMINENT DOMAIN.

DO WE, DO WE STILL HAVE THE OPTION TO GO THROUGH WITH IT? LIKE, LET'S SAY THE ASSESS VALUE COMES BACK AND IT'S MORE, UH, THE, THE EMINENT DOMAIN VALUE THAT A JUDGE RULES IS MORE THAN THE ASSESSED VALUE.

UM, ARE, ARE WE STILL, DO WE STILL HAVE ANY OPTIONS OR DO WE HAVE TO FOLLOW THROUGH WITH THE EMINENT DOMAIN? LIKE WHAT, WHAT, WHAT IF IT'S SOMETHING RIDICULOUS WHERE IT'S LIKE $5 MILLION OVER THE ASKING PRICE? I MEAN, THIS IS A EMINENT DOMAIN IS A HIGHLY REGULATED PROCESS.

THERE IS A MANDATORY PRE-SUIT, UH, NEGOTIATION PROCESS THAT WOULD COME FIRST.

SO IT'S ONLY ASSUMING, YOU KNOW, THAT WE DID NOT REACH, UH, UH, A RESOLUTION AT THAT PHASE THAT WE WOULD PROCEED TO LITIGATION.

AND, AND IT'S, YOU KNOW, IT'S LITIGATION LIKE ANY OTHER, RIGHT? I MEAN, WE WOULD BE, UH, WE'D BE, WE'D BE, YOU KNOW, WE'D BE ARGUING OVER THE, OVER THE VALUE OF THE PROPERTY.

WOULD IT, WOULD IT BE POSSIBLE THROUGH THE CHAIR? MAYBE WE INVITE THE PROPERTY OWNER TO THE NEXT LAND? SURE.

WELL, I, I, FRANKLY, I'D RATHER NOT DO THAT.

I'D RATHER, THIS IS BECAUSE THIS MAY END UP BEING A LEGAL PROCESS.

I'D RATHER SPEAK THROUGH OUR ATTORNEYS.

UH, LET ME ASK THIS.

WHERE ARE WE IN THE PROCESS OF OBTAINING APPRAISALS ON THE EASEMENTS? THAT'S THE NEXT STEP.

THAT'S WHAT WE'RE, WE'RE GONNA DO.

NOW, HAVE WE REQUESTED THOSE? UH, I, I DON'T THINK SO.

THIS TIME I DON'T UNDERSTAND.

I, I, I JUST DON'T UNDERSTAND HOW, TWO WEEKS AGO I WAS TOLD THAT WE WERE GOING TO REQUEST APPRAISALS, AND HERE WE ARE TWO WEEKS LATER.

WHY HAS CERTAIN NOT BEEN AN APPRAISAL ORDERED? I CAN'T SPEAK TO THAT, MR. CHAIRMAN, BUT MY UNDERSTANDING IS THAT SINCE, SINCE YOU KNOW, EVERY OTHER PROPERTY ALONG THIS STRETCH HAS WORKED WITH THE CITY AND HAS, HAS, HAS, HAS GRANTED EASEMENTS TO THE CITY OR QUICK CLAIM NEEDS FOR THESE PROPERTIES, UH, THE REASON THIS IS BEFORE YOU IS BECAUSE THE ADMINISTRATION NEEDS AUTHORIZATION FROM THE CITY COMMISSION TO, TO FORM AN APPROACH TO THIS PROPERTY OWNER.

TO NEGOTIATE, NO, TO NEGOTIATE, TO, TO PAY FOR AN INTEREST IN THE PROPERTY.

THIS WOULD BE THE FIRST ONE.

OKAY.

SO FOR WHATEVER WE DO, WE'RE GONNA NEED AN APPRAISAL.

AND I WANT TO KNOW THAT'S CORRECT.

WHY HAVE WE NOT REQUESTED THE APPRAISAL THAT I WAS TOLD OVER TWO WEEKS AGO THAT WAS GOING TO BE REQUESTED? WHY HAS THAT NOT BEEN REQUESTED? WHO WAS SUPPOSED TO REQUEST IT AND WHY DIDN'T THEY REQUEST IT? UH, I WILL ASK OUR PUBLIC WORKS DEPARTMENT WHAT THE PROCESS FOR THERE FOR YOU TO OBTAIN AN APPRAISAL IS, AND THE COST, ET CETERA.

YEAH.

GI GOOD AFTERNOON.

UH, GIS TRUST FROM THE CITY ATTORNEY'S OFFICE, UH, WE RESEARCHED THE, UM, THE FORMULA FOR CALCULATING VALUE, SPECIFICALLY FOR EMINENT DOMAIN, WHICH IS A LITTLE DIFFERENT.

IT CAN ENCOMPASS, UM, YOU KNOW, FAIR MARKET IS, IS A LITTLE DIFFERENT AND, UH, EMINENT DOMAIN.

SO WE PREPARED THE SCOPE FOR PUBLIC WORKS TO ORDER IT, AND WE JUST GAVE IT TO 'EM, I WANNA SAY LIKE TWO OR THREE DAYS AGO.

OKAY.

SO THEY HAVE TO NOW GO THROUGH THE PROCESS OF, YOU KNOW, BIDDING IT OUT FOR THREE DIFFERENT APPRAISERS, A COST, AND THAT IT'S A LITTLE BIT OF A PROCESS TO ACTUALLY GET THE SIGNED RETAINER FOR THE APPRAISAL.

OKAY.

SO, UH, SO MR. ATTORNEY, UH, PUT ME ON THE PROPER PO POSTURE SO THAT, SO THAT WE CAN DO THE MOST APPROPRIATE MOTION GIVEN BASED ON THE DISCUSSION.

I WOULD RECOMMEND MAKING THE SIMILAR MOTION TO THE, TO WHAT THE FINANCE COMMITTEE MADE, WHICH WOULD BE TO RECOMMEND THAT THE CITY COMMISSION AUTHORIZE THE ADMINISTRATION IN OUR OFFICE TO, TO NEGOTIATE WITH THE PROPERTY OWNER.

IF THOSE NEGOTIATIONS ARE UNSUCCESSFUL, THEN WE COULD, UH, PROCEED TO, YOU KNOW, TO THE NEXT STEP.

I'M JUST, I'M A MOTION AND I'LL SECOND IT.

AND, AND PLEASE, UH, LET'S PUT THERE THAT, THAT ONCE YOU COMMUNICATE WITH THEM AND WHETHER THEY'RE SUCCESSFUL OR NOT, THAT AN LTCB

[03:40:01]

ISSUED, UH, YOU KNOW, GIVING US AN UPDATE.

OKAY.

THANK YOU COLLEAGUES.

UH, YES, SIR, FOR THAT.

THANK YOU.

UM, MR. CHAIR, WITH THAT, WILL THAT CONCLUDE THAT ITEM, UH, BASED UPON THAT, THAT, UM, YES.

OKAY.

YES, BECAUSE THAT IS, BECAUSE WE HAVE TO MAKE A MOTION THAT GOES TO THE CITY COMMISSION.

IT'D BE GREAT IF WE COULD SOMEHOW GET THAT ON NEXT WEEK'S AGENDA, UH, IF POSSIBLE.

I DON'T THINK IT'S A COMPLICATED ITEM.

UM, AND, AND, AND ALSO, I JUST WANNA MAKE SURE I DIDN'T MISSPEAK EARLIER.

I WANNA MAKE SURE IT'S CLEAR ON THE RECORD, THE 40TH STREET, UH, OVERLAY ITEM THAT WAS NOT WITHDRAWN, THAT WAS DEFERRED, UH, AND SO, AND SO, I JUST WANNA MAKE SURE THAT, UH, THAT, THAT THE RECORD IS CLEAR ON THAT.

YEAH.

AND WE HAVE THAT DOWN AS A FUTURE ITEM.

OKAY.

GREAT.

AND I, MR. DIRECTOR, I THINK THAT CONCLUDES OUR AGENDA.

IT DOES.

ALL RIGHT.

WELL, COLLEAGUES, THANK YOU VERY MUCH FOR YOUR, UH, FOR YOUR GOOD WORK.

MR. ATTORNEY, MR. DIRECTOR, MR. ASSISTANT, CITY MANAGER, THANK YOU ALL FOR YOUR SUPPORT AND TO THE MEMBERS OF THE PUBLIC WHO PARTICIPATED.

HAVE A GOOD NIGHT.

THANK YOU.

THANK YOU.