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[00:00:03]

OKAY.

GOOD MORNING EVERYBODY, AND WELCOME TO THE OCTOBER 29TH, 2024 PLANNING BOARD MEETING.

[1. After Action Report – September 24, 2024 ]

UM, I'M GONNA START BY, UH, WE RECEIVED THIS MORNING.

I HOPE EVERYONE HAD A CHANCE TO READ THE, THE MINUTES FROM THE LAST MEETING.

IF I COULD GET A MOTION TO APPROVE THOSE.

I'LL, I'LL MOTION TO APPROVE.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY.

OKAY, I'LL TURN IT OVER TO THE MR. CITY ATTORNEY, NICK.

THANK YOU, MR. CHAIR.

TODAY'S MEETING OF THE PLANNING BOARD WILL BE CONDUCTED IN A HYBRID FORMAT WITH MEMBERS OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT CITY HALL AND APPLICANTS STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM TO PARTICIPATE VIRTUALLY IN TODAY'S MEETING, THE PUBLIC MAY DIAL 1-877-853-FIVE 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 6 1 4 3 4 2 6 3 2 7.

IF YOU WISH TO SPEAK ON AN ITEM, CLICK THE RAISE HAND ICON IF YOU'RE USING THE ZOOM APP OR DIAL STAR NINE IF YOU'RE PARTICIPATING BY PHONE.

IF YOU'RE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE.

IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK TO THE BOARD.

YOU DON'T HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY, OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT.

HOWEVER, OPPOSITION TO ANY ITEM EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL PRIOR TO APPEARING, DISCLOSING WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPAL ON WHOSE BEHALF THEY'RE COMMUNICATING.

IF YOU'RE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST.

LASTLY, I'D LIKE TO SWEAR IN ANYONE WHO WILL BE TESTIFYING TODAY, UH, INCLUDING STAFF.

PLEASE RAISE YOUR RIGHT HANDS.

DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? THANK YOU.

THANK YOU.

THANK YOU, NICK.

UH, AND JUST SO THE, THE, UH, BOARD UNDERSTANDS, UM, WE GOT HANDED A NEW, UM, AGENDA TODAY.

SO IT'S, THE NUMBERS ARE A LITTLE DIFFERENT, SO USE THE ONE THAT THEY HANDED OUT TODAY.

SO THE FIRST

[2. PB24-0686, 6747 Collins Ave - New Hotel]

ITEM IS REQUEST FOR CONTINUANCES PLANNING BOARD FILED 24 0 6 8 6 67 47 COLLINS AVENUE, NEW HOTEL.

ACTUALLY, MR. CHAIRMAN, THIS ITEM HAS BEEN READVERTISED FOR THE NOVEMBER MEETING.

OKAY.

THERE WAS AN ERROR IN THE ADVERTISEMENT.

SO THE, UM, THE BOARD DOES NOT NEED TO TAKE ANY ACTION ON THAT ITEM, WHICH IS AGAIN, PP 24 DASH 0 6 86 FOR 67 47 COLLINS AVENUE.

THIS HAS BEEN READVERTISED FOR THE NOVEMBER 26TH MEETING.

GREAT, THANK YOU.

NEXT

[3. PB24-0661. Commercial / Industrial/ Residential Height and Setback Regulation Modifications Citywide.]

ONE IS BOARD FILE 24 0 6 6 1 COMMERCIAL INDUSTRIAL RESIDENTIAL HEIGHT AND SETBACK REGULATION MODIFICATIONS CITYWIDE.

AND THIS ITEM HAS BEEN DEFERRED TO A FUTURE DATE.

AS SOON AS THIS WOULD COME BACK TO THE BOARD WILL BE THE JANUARY 7TH MEETING.

AND WILL, WE WILL BE RE-ADVERTISING IT FOR THAT MEETING OR FUTURE MEETING.

SO NO ACTION AGAIN IS REQUIRED FOR PB 24 DASH 6 61.

OKAY.

UH, WE ARE DEFERRING

[4. Loading, including truck sizes and safety. ]

THE DISCUSSION ITEM ON, UH, LOADING, INCLUDING TRUCK SIZES AND SAFETY TILL NOVEMBER AS WELL.

SO WE WILL MOVE ON TO

[5 PB22-0542, a.k.a. PB20-0392, 200 S. Pointe Drive. Catch.]

PROGRESS REPORTS.

FIRST ONE IS PLANNING BOARD FILE 22 0 5 4 2, UH, 200 SOUTH POINT DRIVE THE CATCH RESTAURANT.

MR. CHAIRMAN, BEFORE WE START WITH THIS PROGRESS REPORT, I JUST WANNA, UM, LET THE MEMBERS OF THE PUBLIC KNOW WE HAVE UPDATED THE AGENDA.

I BELIEVE YOU WANTED TO MOVE ONE OF THE ITEMS, UM, FOR THE, YEAH, I'M JUST GONNA MOVE ITEM NINE TO ITEM SEVEN.

THANKS FOR THE, FOR THE PUBLIC'S INFORMATION, THAT'S GONNA BE PB 24 DASH 0 6 6 2.

THIS IS CONDITIONAL USE REGULATIONS FOR GRO FOR OUR GROCERY STORES IN CD THREE ZONING ON LINCOLN ROAD.

THAT ITEM WILL BE HEARD AFTER, WILL BE HEARD UNDER THE FIRST OR PREVIOUSLY CONTINUED APPLICATIONS.

IT'LL BE HEARD AFTER THE PROGRESS REPORT FOR THE MOXIE, RIGHT? IT'S AN ACCOMMODATION, ACCOMMODATION OF ONE OF THE ATTORNEYS.

SO THAT WILL CONTINUE WITH THE PROGRESS REPORT FOR PB 22 0 5 42, 200 SOUTH POINT DRIVE.

THIS IS A PROGRESS REPORT THAT'S REQUIRED BY THE PLANNING BOARD AFTER A CERTAIN TIMEFRAME SINCE THEY STARTED OPERATION.

UM, THERE'S BEEN NO VIOLATIONS OR COMPLAINTS, UM, UH, IN THE PUBLIC RECORD FOR CODE COMPLIANCE FOR THIS PROPERTY.

I'LL TURN IT OVER TO THE APPLICANT TO PROVIDE AN UPDATE AND PROGRESS REPORT ON THIS ITEM.

GOOD MORNING, NICHOLAS RODRIGUEZ ON BEHALF OF THE APPLICANT.

UM, JOINED HERE BY, SO ACHIEVER FROM, UH, THE DEVELOPMENTAL PEOPLE AND STRATEGY AND THE GENERAL MANAGER, GREG GILDE.

UH, CATCH OPENED IN MAY, JUST IN TIME FOR FORMULA ONE.

UH, SO FAR SO GOOD.

UH, NO VIOLATIONS.

WE, UH, IN TERMS OF COMPLIANCE WITH OUR CONDITIONS,

[00:05:01]

UH, WE DID SUBMIT AN UPDATED ANALYSIS OF OUR VALET OPERATIONS, UH, WAS IN SUMMER, SO THINGS WERE A LITTLE BIT SLOWER.

BUT, UH, EVERY, ALL OF THE NUMBERS CAME IN, UM, UNDER WHAT OUR VALET ANALYSIS HAD PREDICTED.

UH, SO FAR HAVE BEEN NO QUEUING ISSUES, UH, WITH THE VALET.

UM, AND I KNOW WE'VE BEEN IN COMMUNICATION WITH MR. GOOV ABOUT OUR TDM STRATEGIES.

WE ARE COMPLYING WITH OUR TDM CONDITIONS, UH, AND WE SUPPLIED A SURVEY TO MR. GOOV OF, UH, ALL OF OUR EMPLOYEES MODES OF TRANSIT.

SO THERE'S A, A MIXED BAG OF USING TRANSIT, USING SCOOTERS, SHARED RIDE SERVICES.

UH, WE'RE TRYING TO DO THE BEST WE CAN TO NOT IMPOSE A BURDEN ON THE SOUTH OF FIFTH NEIGHBORHOOD.

UM, BUT SO FAR SO GOOD, AND WE'RE HOPING TO KEEP IT THAT WAY.

YEAH.

AND MICHAEL, YOU PROBABLY MENTIONED THIS, I WAS READING SOMETHING, BUT I THINK THE BOARD KNOWS THIS, THAT THEY'RE HERE BECAUSE WHEN THEY FIRST OPENED, WE WANTED THEM TO COME BACK TO JUST SEE HOW EVERYTHING WAS GOING.

THERE WAS NO ISSUES OR PROBLEMS. SO, UM, WITH THAT, UH, IS THERE ANYONE IN CHAMBERS TO SPEAK ON THIS ITEM? ANYONE ON ZOOM? THERE'S NO ONE ON ZOOM WITH THEIR HAND RAISED FOR THIS ITEM.

OKAY.

ANY COMMENTS OR QUESTIONS? YEAH, SO FIRST, NICHOLAS, THANK YOU SO MUCH FOR PROVIDING THAT INFORMATION AND JUST FOR THE BENEFIT OF, UH, FOR MY COLLEAGUES ON THE BOARD HERE AND ANYONE WATCHING, UM, THIS INFORMATION, WHICH WAS PROVIDED THIS MORNING.

I DID QUICK ANALYSIS.

OBVIOUSLY THERE WASN'T THAT MUCH TIME TO, TO DO THIS, BUT, UH, ABOUT 115 EMPLOYEES AND I THINK THAT'S ONE OF THE, THE MAJOR TAKEAWAYS FOR THESE LARGE NEIGHBORHOOD IMPACT ESTABLISHMENTS THROUGHOUT THE CITY.

AND ESPECIALLY IN THE RESIDENTIAL NEIGHBORHOOD LIKE THE SOUTH OF FIFTH NEIGHBORHOOD, THERE'S, THERE'S, YOU KNOW, A LARGE, UM, YOU KNOW, FACTOR.

NOT JUST THE PATRONS, BUT THE PEOPLE THAT THAT WORK THERE.

AND, UH, LET ME JUST SEE IF I CAN PULL UP, OKAY.

JUST ONE SECOND HERE.

I'VE LOST MY, MY PERCENTAGE, BUT JUST SO EVERYONE KNOWS, 115 EMPLOYEES, UH, IT SAYS SEVEN RIDE BY BICYCLE, 16 BY MOTORBIKE.

SO I DON'T KNOW IF THAT'S, IF THAT IS MOTORCYCLE OR E-BIKE OR E SCOOTER.

LOTS OF E-BIKES AND LITTLE, UM, LOTS OF E-BIKES AND LITTLE MOPEDS, LIKE LITTLE FOLD OUT MOPEDS.

OKAY.

SO IT'S, IT'S LIKE MICRO MOBILITY.

YES.

UM, NINE PUBLIC TRANSPORTATION, 18 SHARED RIDE SERVICE.

I PRESUMABLY, UH, LYFT OR UBER, SOME OF THEM SHARED RIDES.

BUT THESE ARE NUMBERS THAT YOU'VE REPORTED OF HOW YOUR EMPLOYEES GET TO WORK? YES, SIR.

OKAY.

YEP.

GOT IT.

AND THEN FIVE, FIVE WALK.

SO, UM, YOU KNOW, OFF THE BAT ABOUT HALF THE PEOPLE DRIVE IN THEIR OWN PERSONAL VEHICLE AND, UM, YOU KNOW, I THINK ONE QUESTION THAT WE MAY HAVE HERE, 'CAUSE WE'VE HEARD FROM PEOPLE IN THESE NEIGHBORHOODS, IS WHERE DO THE EMPLOYEES PARK? YEAH, THERE'S A, THERE'S A GARAGE THAT A LOT OF THEM USE OVER AT THE PUBLIX AREA.

UM, AND THEN SOME OF THEM, UH, PARK FURTHER AWAY AND THEN KIND OF WALK, UH, FURTHER DOWN.

OKAY.

YES.

BUT YOU DON'T PROVIDE PARKING, UH, VEHICLE PARKING FOR YOUR EMPLOYEES? NO, NO, WE DO NOT.

OKAY.

AND THEN JUST SOME OTHER INFORMATION THAT MIGHT BE OF, OF INTEREST.

UH, 28.

I DON'T HAVE THE PERCENTAGES UNFORTUNATELY, BUT 28 EMPLOYEES LIVE IN 3, 3, 1, 3 9.

SO THEY'RE LOCAL TO, TO SOUTH BEACH.

10 ARE IN NORTH BEACH, 3, 3, 1, 4, 1.

UH, NONE ARE IN MID BEACH, INTERESTINGLY ENOUGH.

AND THEN, UM, THE, A HANDFUL BETWEEN FIVE AND 10 ARE IN ZIP CODES LIKE DOWNTOWN MIAMI, BRICKELL, WYNWOOD, UH, AND, AND THOSE AREAS.

SO IT SEEMS LIKE A LARGE PERCENTAGE ARE CLOSE AND, YOU KNOW, THAT PROVIDES OPPORTUNITIES.

I THINK THIS IS REALLY USEFUL INFORMATION THAT PROVIDES OPPORTUNITIES TO, TO EVEN INCREASE THAT PERCENTAGE OF TRANSIT USAGE AND, UH, MICRO MOBILITY EVEN HIGHER, NOT JUST FOR CATCH, BUT FOR THE OTHER LARGE RESTAURANTS THAT WILL BE OPENING, FOR EXAMPLE, IN THE SOUTH OF FIFTH NEIGHBORHOOD ACROSS THE STREET, PHILIPPE CHAO.

AND THEY HAVE SIMILAR, I BELIEVE, UH, CONDITIONS IN THEIR ORDER REGARDING TRANSIT AND, AND BIKE SHARE MEMBERSHIP.

SO, UM, YOU KNOW, I THINK THIS IS A, A GOOD START AND, UH, YOU KNOW, IT'S INVALUABLE DATA AND DATA THAT HOPEFULLY ALL THE OTHER APPLICANTS WILL BE PROVIDING AS THEY PROVIDE PROGRESS REPORTS TO THIS BOARD.

THANKS.

ANY OTHER COMMENTS, QUESTIONS? I'LL JUST SAY I'VE BEEN THERE MANY TIMES AND IT'S A FABULOUS OPERATION, REALLY WELL RUN.

AND I'VE MET YOU AND YOU DO A GREAT JOB.

SO THANK YOU.

WITH THAT, IF SOMEONE WANTS TO MOVE TO DISMISS THE PROGRESS REPORT, SO MOVED.

SECOND.

I'LL SECOND.

OKAY.

SORRY.

WHO MADE THE MOTION ON THAT? JONATHAN SECOND BY MS. LONE.

RIGHT? THIS, THIS WAS BASICALLY JUST TO ACCEPT, UM, WHAT'S BEEN PRESENTED AND SUSPEND THEIR PROGRESS REPORTS AT THIS TIME.

CORRECT.

ONLY COME BACK THAT THERE'S ISSUES.

HOPEFULLY NOT.

THEY ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? ALL RIGHT, THANK YOU SO MUCH.

THANK YOU VERY MUCH.

THANK YOU.

MEET YOU.

OKAY, THE NEXT ONE

[6 PB0616-0033, 915-955 Washington Avenue - Moxy]

IS, UM,

[00:10:01]

PLANNING BOARD FILE NUMBER SIX ON THE AGENDA PLANNING BOARD FILE OH 6 1 16 DASH 0 0 3 3, THOUGH MOXIE, AND THIS IS A PROGRESS REPORT, UNLIKE THE LAST ITEM.

THIS IS A PROGRESS REPORT DUE TO CODE VIOLATIONS.

UM, THIS CUP ORIGINATES FROM NOVEMBER 15TH, 2016 WHEN THE PLANNING BOARD APPROVED A CUP FOR THE CONSTRUCTION OF A NEW SEVEN STORY HOTEL DEVELOPMENT EXCEEDING 50,000 SQUARE FEET, AS WELL AS A NEIGHBORHOOD IMPACT ESTABLISHMENT WITH OUTDOOR ENTERTAINMENT.

NOW, WE DID SEND A CURE LETTER TO THE APPLICANT ON OCTOBER 11TH OF THIS YEAR.

THIS WAS DUE TO COMPLAINTS AND A VIOLATION THAT WAS ISSUED TO THE PROPERTY, AND WE REQUESTED THEIR APPEARANCE AT TODAY'S MEETING ON OCTOBER 29TH.

NOW, THE, THE SUBSTANTIVE COMPLAINT AND VIOLATION HERE WAS REGARDING TO, UH, A DJ OPERATION ON THE HIGHEST ROOF.

UM, THE PLANNING BOARD ONLY APPROVED ENTERTAINMENT ON THE LOWER ROOF AND, AND THE, UM, UPPER ROOF WAS FOR HOTEL GUESTS ONLY, WITH NO ENTERTAINMENT.

AND JUST TO CLARIFY, I KNOW THAT THERE HAVE BEEN, UM, SPECIAL EVENT PERMITS THAT WERE ISSUED FOR THE PROPERTY FOR ENTERTAINMENT ON THAT HIGHER ROOF DECK.

I DID CLARIFY WITH THE PLANNING DIRECTOR THAT GOING FORWARD, UM, BASED UPON THE CONDITIONS OF THE COP, THE COP ALLOWS WITH A SPECIAL EVENT PERMIT TO EXCEED THE OCCUPANCY LEVELS, BUT NOT TO AUTHORIZE ENTERTAINMENT WHERE THE COP DOES NOT ALLOW IT.

SO IN THE FUTURE, THEY WILL NOT, THE CITY WILL NOT ISSUE A, A SPECIAL EVENT PERMIT FOR ENTERTAINMENT ON THE ROOF OR ANY OTHER AREAS WHERE, UM, ENTERTAINMENT IS NOT AUTHORIZED AS PART OF THE CUP.

UH, WE DID ALSO NOTE, UM, SOME, UH, ADDITIONAL NOISE COMPLAINTS THAT WERE, UM, THAT WERE, UM, NOT FOR THE PROPERTY.

UM, WE ARE RECOMMENDING THAT THE PLANNING BOARD, UM, DISCUSS THE, DISCUSS THE ISSUE OF NON-COMPLIANCE.

THE CASE THAT, UM, I MENTIONED WAS APPEALED TO THE SPECIAL MASTER SPECIAL MAGISTRATE.

THIS TIME WE ARE RECOMMENDING THAT THE, UM, THE BOARD DISCUSS THEIR PROGRESS REPORT AND CONTINUE THIS ITEM TO THE JANUARY 7TH MEETING.

I'LL TURN IT OVER TO, UH, MR. MASTER.

I'M SORRY, GRAHAM, EVERYBODY.

MR. PENN.

GRAHAM PENN.

WHAT DID YOU, I DIDN'T EVEN HEAR WHAT YOU CALLED ME , UH, 200 SOUTH PISCA BOULEVARD.

TO MY LEFT IS MR. COREY HAYES, WHO'S THE NEW GENERAL MANAGER.

WE'VE GOT CARLOS LOPEZ, WHO'S THE FOOD AND BEVERAGE DIRECTOR, AND I'M GONNA COUGH AGAIN.

I WANNA START OFF WITH TALKING ABOUT MARCH BECAUSE THAT'S THE ACTUAL VIOLATION OF ISSUE HERE.

AND IT'S OUR OPINION THAT THIS IS NOT A VIOLATION OF THE CUP AT ALL.

THE, UH, WHAT HAPPENED IN MARCH IS THAT THERE WAS A PRIVATE ARRANGEMENT TO HAVE A VIDEO SHOOT ON THE UPPER, UH, DECK WITH A DJ DOING HIS VIDEO UP THERE, THERE WERE 10 PEOPLE MAXIMUM UP THERE, THERE WERE FILMING THIS THING.

THERE WASN'T AN EVENT, THERE WAS NO PEOPLE INVITED.

IT WAS A, A FILMING SITUATION.

AND IF YOU'LL NOTE FROM WHAT CODE SAID IN THERE, UH, COMPANION, NO NOISE COMPLAINT, IT WAS NOT, UH, OVERLY, EXCESSIVELY NOISY EITHER.

SO THAT'S WHY WE APPEAL THAT VIOLATION, BECAUSE IN OUR OPINION, HAVING A VIDEO SHOOT ON THE ROOF, THAT IS NOT ENTERTAINMENT REGARDLESS.

UM, AS YOU'LL NOTE FROM THE MATERIALS, AND WE, WE DID A DEEP DIVE INTO EVERY ONE OF THESE COMPLAINTS, ET CETERA.

THERE HAVE BEEN ZERO, UH, NOISE VIOLATIONS ON THIS PROPERTY, PERIOD.

RIGHT? THE, THE MARCH EVENT WAS NOT A NOISE VIOLATION.

THE SPECIAL EVENT PERMITS THAT HAPPENED FROM JULY ONWARD HAD NO NOISE VIOLATIONS ASSOCIATED WITH THEM.

THE MOXIE IN OUR, IN OUR OPINION, HAS BEEN A GREAT NEIGHBOR AND WE'VE BEEN WORKING, AND COREY WILL TALK A LITTLE BIT MORE ABOUT THAT TOO.

WE'VE BEEN WORKING VERY HARD SINCE WE'VE OPENED TO CONTINUE TO BE A GREAT NEIGHBOR.

REGARDING WHAT MICHAEL NOTED ABOUT THE SPECIAL EVENT PERMIT.

UM, HE PROPERTY, THERE WAS A PROPERLY ISSUED SPECIAL EVENT FOR SAMBA SUNDAY, WHICH STARTED IN JULY.

THAT IS NOW OVER SAMBA SUNDAY, UH, IF IT RETURNS WILL BE MOVED OFF OF THE UPPER UPPER DECK ANYWAY, AND IT WILL BE ON THE POOL DECK.

IT WILL TURN INTO A DAYTIME EVENT AND CO CAN EXPLAIN THAT BETTER IF YOU NEED ME, NEED HIM TO.

SO, UH, WE BELIEVE THAT THE, THE MARCH VIOLATION WAS REALLY A MISTAKE RIGHT THERE.

IT WAS NOT A VIOLATION OF THE ENTERTAINMENT BAN, UM, BECAUSE IT WAS NOT, IN OUR OPINION, ENTERTAINMENT TO HAVE A GUY UP THERE PRETENDING THAT HE'S PERFORMING, UH, REGARDLESS.

AND THAT'S WHY WE APPEALED IT.

UH, AND AGAIN, AS, AS CODE NOTED, THAT ITSELF DID NOT INVOLVE EXCESSIVE NOISE.

SO IT'S AS IF I WAS GOING UP THERE WITH A GUITAR AND STRUMMING IT AND SOMEONE'S FILMING ME.

AND THAT BECOMES ENTERTAINMENT BECAUSE, BECAUSE I'M, THAT'S A PERFORMANCE.

SO, BUT, UH, IN SOME, YOU KNOW, WE BELIEVE THE MOXIE HAS BEEN A GOOD NEIGHBOR.

UH, WE WILL CONTINUE TO BE A GOOD NEIGHBOR.

NEIGHBOR.

AND SO IN MOVING FORWARD, WE HAVE PROACTIVELY MOVED TO, WE ARE, YOU KNOW, AS, AS MICHAEL DISCUSSED, THAT THE, THE CITY'S TAKEN THE POSITION THAT THAT ROOFTOP CANNOT BE

[00:15:01]

USED FOR SPECIAL EVENTS.

AND WE'RE NOT GOING TO, WE'RE OBVIOUSLY NOT GONNA FIGHT THAT.

WE'RE MOVING EVERYTHING DOWN TO THE SECOND LEVEL, WHICH AS IF ANYONE KNOWS, THE BUILDING IS COMPLETELY SHIELDED FROM ANY RESIDENTIAL DEVELOPMENT TO OUR EAST.

UM, SO WE BELIEVE THAT ANY ISSUES, IF THERE WERE ANY, UH, FOR THAT, FOR THAT SPECIAL EVENT, WILL NO LONGER REOCCUR.

UM, SO WE'RE HERE TO, WE'RE HERE TO HEAR FROM YOU WHAT, AND GIVE YOU ANY ADDITIONAL INFORMATION YOU'D LIKE.

UH, YOU KNOW, OBVIOUSLY OUR PREFERENCE IS NOT TO KEEP COMING BACK, BUT IF THAT'S, THE BOARD'S WILL WE'LL GLADLY KEEP COMING BACK, UH, AT THE SCHEDULE YOU PREFER.

AND SO, LET ME DO, UH, LET ME DO ONE MORE THING.

LET ME INTRODUCE CORY.

'CAUSE CORY'S THE NEW, THE NEW GM, AS I NOTED, UH, NOTED.

AND HE WANTS TO JUST INTRODUCE HIMSELF AND REITERATE THE, THE MOXIE'S CONTINUED ADHERENCE WITH A CONDITIONAL USE PERMIT.

UH, GOOD MORNING.

UM, AS HE STATED, UH, MY NAME'S COREY HAYES.

I'M THE NEW GENERAL MANAGER.

I'VE BEEN THE GENERAL MANAGER THERE FOR ABOUT FIVE MONTHS NOW.

UM, I HAVE OVER 15 YEARS IN THE HOSPITALITY INDUSTRY.

UH, 10 OF THOSE FIVE YEARS WE'RE SPECIFICALLY IN FOOD AND BEVERAGE OPENING, RUNNING, UH, OPERATIONS, UH, STANDALONE RESTAURANTS AND RESTAURANTS WITHIN HOTELS ALL ACROSS THE COUNTRY.

UH, I NOW LIVE HERE IN MIAMI, UH, AND HAVE BEEN HERE FOR JUST OVER A YEAR FOR MY SECOND TIME LIVING HERE.

UM, AGAIN, AS HE SAID, YOU KNOW, I DID WANNA STATE ON BEHALF OF THE MOXIE SOUTH BEACH, WE WANNA REAFFIRM OUR COMMITMENT TO FULLY, UH, MEETING THE CITY'S SOUND REQUIREMENTS AND BEING A RESPECTFUL, ENGAGED NEIGHBOR ON WASHINGTON AVENUE.

WE UNDERSTAND THAT SOUND MANAGEMENT IS ESSENTIAL TO KEEPING OUR COMMUNITY ENJOYABLE FOR EVERYONE.

UH, WE'RE DEDICATED TO CONSISTENTLY FOLLOWING ALL THE GUIDELINES AND STRENGTHENING OUR PROTOCOLS TO ENSURE WE ARE POSITIVE, CONSIDERATE PRESENCE IN THE NEIGHBORHOOD.

UH, THANK YOU FOR YOUR PARTNERSHIP, TRULY IN THIS EFFORT.

UM, WE LOOK FORWARD TO WORKING TOGETHER AND, YOU KNOW, WE WANT TO KEEP, UH, WASHINGTON AVENUE A VIBRANT, UH, PART OF THE COMMUNITY HERE AT MIAMI BEACH.

SO, THANKS, COREY.

BEFORE WE WRAP IT UP, I JUST WANT TO NOTE ONE MORE THING TO GILD A LILY A LITTLE BIT.

UM, UH, YOU KNOW, THE CITY OBVIOUSLY HAS BEEN ENGAGED SIGNIFICANTLY MORE INTENSELY ON WASHINGTON AVENUE, AS WE ALL KNOW.

UM, AND AS AN EXAMPLE FROM THIS PROPERTY ON THE 20TH OF THIS MONTH, WHICH IS THE LAST SAMBA SUNDAY EVENT, THERE WERE FIVE PROACTIVE INVESTIGATIONS FROM CODE ENFORCEMENT FOR NOISE ZERO, UH, UH, ISSUES WITH NOISE, RIGHT? SO WE HAVE BEEN, YOU KNOW, SNAP, THIS IS NOT A CIRCUMSTANCE WHERE, YOU KNOW, IN THE OLD DAYS IT WAS, OH, PEOPLE COMPLAIN AND IT DOESN'T TURN INTO A VIOLATION.

AND, AND NO ONE'S REALLY PAYING ATTENTION.

THERE'S A LOT OF ATTENTION ON WASHINGTON AVENUE.

THERE'S A LOT OF ATTENTION ON THIS PROPERTY, AND I CAN TELL YOU AGAIN, FIVE DIFFERENT VISITS IN ONE DAY AND, AND NO VIOLATIONS.

THAT IS, THAT'S WHY AGAIN, WE BELIEVE THE MOXIE'S BEEN A GOOD NEIGHBOR AND WILL CONTINUE TO BE A GOOD NEIGHBOR.

SO, UM, WITH THAT, WE'RE HERE FOR ANY QUESTIONS YOU MAY HAVE FOR US.

AND I GUESS I'D LIKE TO RESERVE TIME FOR REBUTTAL, BECAUSE I SEE MR. MR. .

ALL RIGHT, THANK YOU.

WE'RE GONNA OPEN UP TO THE PUBLIC, MITCH, I KNOW THAT'S WHAT YOU'RE HERE FOR.

SO WE'LL START WITH YOU.

GOOD MORNING EVERY MORNING, MITCH NOVIK, 36 YEAR RESIDENT, 35 YEAR BUSINESS OWNER.

UH, MY PROPERTY SITS ROUGHLY 300 FEET AWAY FROM THE MOXIE AND, UH, I LODGE COMPLAINTS AND, UH, BELIEVE IT WAS AUGUST AND SEPTEMBER, UH, WHICH WERE PRECIPITATED BY SOME HOTEL GUESTS, WHICH HAD ARRIVED AND REQUESTED A, UH, A ROOM CHANGE BECAUSE, UH, THE, THEY CAME IN FROM EUROPE, THEY, UH, COULD NOT SLEEP.

UH, I CALLED CODE, CODE DID NOT ISSUE A VIOLATION FOR THIS INTRUSIVE NOISE, WHICH WAS CLEARLY AUDIBLE.

AND MY GRIPE ISN'T SO MUCH WITH THE MOXIE, IT'S WITH THE CODE PROCESS CODE.

UH, THE CODE OFFICERS REQUIRED MY, UH, WINDOWS AND DOORS, WHICH CAN WITHSTAND UP TO 200 MILE AN HOUR WINDS TO BE CLOSED.

UH, YOU KNOW, IN THE OLD DAYS WITH MY OLD WINDOWS, IF SOMEONE WERE TO SNEEZE FROM BELOW, I WOULD HEAR IT.

UH, AND SOME OF MY NEIGHBORS, UH, HAVE, UH, NON-IMPACT WINDOWS, AND THEY WOULD BE AFFORDED RELIEF FROM, UH, A NOISE, UH, COMPLAINT, WHEREAS I WAS NOT.

SO, UH, I BELIEVE NOISE ISSUES BEGIN RIGHT HERE.

UH, FOR THE LAST DECADE I'VE APPEARED, UH, FOR, APPEARED AND SPOKE AGAINST EVERY CUP ISSUED IN MY NEIGHBORHOOD, WHICH, UH, PROVIDED OR ALLOWS FOR OPEN AIR ENTERTAINMENT, WITH EXCEPTION TO THE GOOD TIME HOTEL, KNOWING THAT THAT PROPERTY WOULD IMPACT ITS NEIGHBORS.

SO I WOULD

[00:20:01]

JUST URGE THIS BOARD TO BE MORE COGNIZANT, UH, OF NOISE, KNOWING THAT NOISE ATTRACTS NOISE AND IT SHOULD BE CONTAINED TO THE PROPERTY LINES.

THANK YOU.

THANK YOU, MITCH.

ANYONE ELSE IN CHAMBERS TO SPEAK? ANYONE ON ZOOM? MICHAEL? ANYONE ON ZOOM? YES.

THERE'S ONE PERSON WITH THEIR HAND RAISED, UM, JOHANN MOORE.

MR. MOORE, WERE YOU SWORN IN THIS, UH, I CONSIDER MYSELF SWORN IN IF THAT, UH, NO, NO, NO.

WE NEED TO SWEAR YOU IN.

GO AHEAD.

OKAY.

I, JOHANN, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, I DO.

THANK YOU.

WE KNOW YOU'RE TRUTHFUL.

IT'S JUST PROCEDURAL.

THANK YOU.

GO AHEAD, .

YES, I UNDERSTAND.

THANK YOU VERY MUCH.

UH, I'LL KEEP IT BRIEF AND SIMPLY ECHO MITCH'S COMMENTS.

AS A RESIDENT OF FLAMINGO PARK, UH, UH, THE OTHER SIDE OF WASHINGTON AVENUE, THE NOISE NEEDS TO BE CONTAINED.

UH, AND I REALLY URGE PLANNING BOARD TO DENY ANY FUTURE CS THAT WOULD INVOLVE THE POSSIBILITY OF NUISANCE NOISE AFFECTING THE NEIGHBORS.

THANK YOU VERY MUCH.

OKAY.

THANK YOU, JOHANN.

ANYBODY ELSE ON ZOOM? ANYONE JOIN IN? THERE'S NOBODY ELSE WITH THEIR HAND RAISED ON ZOOM.

OKAY.

BEFORE WE ASK QUESTIONS, DO YOU WANNA ADDRESS ANYTHING? YEAH, JUST BRIEFLY.

I, I JUST WANTED TO NOTE, AS YOU CAN TELL, THE, THE MR. NOVAK'S, UM, CONCERNS WILL BE REMEDIED BY THE, THE MOVING OF ANY SPECIAL EVENTS OFF OF THAT OVER ROOF, RIGHT? SO THAT WAS THE, YOU KNOW, ONCE IT'S ON THE, THE LOWER POOL DECK, UM, HIS ISSUES DISAPPEAR BECAUSE THE BUILDING'S IN FRONT OF HIM.

SO, UM, AND AS, AS MICHAEL NOTED, THERE WILL BE NO MORE SPECIAL EVENT PERMITS ISSUED FOR THE UPPER ROOF.

SO THAT, THAT ISSUE IS IN THE PAST, IF IT, IT WASN'T AT ALL.

I WILL NOTE THIS CODE, ENFORCEMENT NOTES FOR THE, THE COMPLAINT IN SEPTEMBER.

MUSIC NOT LOUD NOR EXCESSIVE.

SO THE, UH, CODE ENFORCEMENT HAS NEVER FOUND THE MUSIC FROM THIS PROPERTY TO BE EXCESSIVE.

WITH THAT, WE'RE HERE FOR YOU.

OKAY.

UM, WHY DON'T WE JUST GO WORDLY, SCOTT AND GRAHAM.

YEAH.

UM, YOU KNOW, ONE THING THAT, UM, JOHANN SAID, UM, AND IT MAKES SENSE, OBVIOUSLY, YOU'RE, YOU, YOU'RE AGREEING TO MOVE THE, THE, UH, ANY SPECIAL EVENTS DOWN TO THE SECOND LEVEL, AND THAT'S GONNA HELP OUT MITCH.

BUT, UM, YOU KNOW, THAT NOISE THEN COULD TRICKLE INTO THE FLAMINGO, A PARK NEIGHBORHOOD TO THE WEST.

I DON'T THINK THERE'S ANY, UM, RESIDENTIAL UNITS DIRECTLY ACROSS FROM YOU, BUT MUSIC TRAVELS, UM, AND IT COULD WAFFLE INTO THE NEIGHBORHOOD.

SO, YOU KNOW, I THINK YOU NEED TO BE AWARE OF THAT, UM, MOVING FORWARD.

I KNOW YOU'RE A MUCH BETTER OPERATOR THAN, THAN SOME OF THE OTHER PROPERTIES ON WASHINGTON AVENUE.

UM, BUT, BUT IT'S SOMETHING THAT I THINK YOU REALLY NEED TO, TO, UM, BE COGNIZANT OF.

I MEAN, OBVIOUSLY YOU'RE, WE'RE DOING THIS TO HELP MITCH MM-HMM, , BUT I DON'T WANT IT TO, TO HAVE ANY, UH, EFFECT ON THE RESIDENTIAL NEIGHBORHOODS.

SO, UM, YOU KNOW, JUST MOVING FORWARD, JUST BE AWARE OF THAT.

AND I KNOW YOU MENTIONED THAT YOU DON'T WANT TO COME BACK TO US, BUT I THINK MAYBE AFTER A FEW MONTHS, UM, I THINK PROBABLY YOU SHOULD, BECAUSE WE GOT TO, YOU KNOW, JUST GET A, AN IDEA OF WHAT'S HAPPENING AFTER A COUPLE OF EVENTS ON THE, ON THE SECOND LEVEL POOL DECK.

I ALWAYS LOVE SEEING EVERYONE.

IT'S JUST, UH, THE CLIENT DOESN'T LIKE PAYING FOR.

YEAH.

ALL I WOULD NOTE, SCOTT, JUST AS A, UH, AGAIN, AS ANOTHER DETAIL, THE, THE MOXIE HAS A, YOU KNOW, MODERN CUP THAT REQUIRES A UNIFIED SOUND SYSTEM.

THERE'S NO INDEPENDENT SPEAKERS, ET CETERA.

ALL THOSE SPEAKERS ON THE SECOND FLOOR HAVE ALREADY BEEN THERE SINCE THE BUILDING WAS BUILT.

UM, SO ANY EVENTS THAT OCCUR ON THE, THAT SECOND LEVEL WILL BE SUBJECT TO THE SAME LIMITATION.

SO YEAH, ABSOLUTELY.

WE, AND I GUESS THE, THE VALUE OF HAVING CORY AND CARLOS HERE IS THAT THEY'RE HEARING IT DIRECTLY FROM THE BOARD, AND THEY'LL MAKE SURE THEIR FOLKS UNDERSTAND IT CLEARLY.

OKAY.

YEAH, I'LL ECHO SCOTT'S, UH, CONCERN ABOUT ANY POTENTIAL UNFORESEEN, UM, NOISE ISSUES HEADING TOWARDS THE WEST FROM THE SECOND LEVEL.

HOWEVER, THERE ISN'T REALLY A HISTORY OF NOISE COMPLAINTS FROM THAT AREA.

SO, YOU KNOW, I'M OPEN TO EITHER BRINGING, BRINGING THEM OXY BACK IN A COUPLE OF MONTHS OR, OR CLOSING THIS OUT TODAY AND LET'S LET THE PROCESS PLAY OUT.

I THINK THAT THIS HAS BEEN A SUCCESSFUL EXAMPLE OF WHERE THERE HAS BEEN AN ISSUE OR DISCREPANCY AND SPECIAL EVENT PERMITS AND POTENTIAL CODE VIOLATIONS.

IT'S COME TO THIS BOARD AND THEY'VE AGREED TO TAKE ACTIONS TO REMEDY, REMEDY THAT.

SO I'M COMFORTABLE, UH, GOING EITHER WAY ON THIS.

UH, HAPPY TO, TO, YOU KNOW, SEE IT CLOSE OUT TODAY, UM, AS WELL.

UH, JUST A LITTLE INTERESTING NOTE HERE.

[00:25:01]

YOU KNOW, LATER ON IN THE AGENDA WE HAVE AN ITEM ABOUT INCENTIVIZING RESIDENTIAL USE ALONG THE SAME STREET.

SO I THINK THAT IS SOMETHING THAT WE ALL HAVE TO BE AWARE OF IS WHEN YOU MIX USES SUCH AS RESIDENTIAL AND ENTERTAINMENT, YOU KNOW, THESE SORTS OF ITEMS CAN APPEAR, UH, MORE FREQUENTLY.

UH, BUT WITH RESPECT TO THE MOXIE, I'M HAPPY TO HEAR THAT WE'RE MAKING PROGRESS.

THANK YOU, JONATHAN.

UM, YEAH, I, I MEAN, I'M, I'M GLAD THE SITUATION'S BEING REMEDIED.

HOPEFULLY, UM, I WOULD SUGGEST, I DON'T THINK WE'RE READY TO CLOSE IT OUT, BUT I THINK IF WE CAN CONTINUE IT, UM, YOU KNOW, IF THERE'S NO OTHER ISSUES THEN WE DON'T EVEN NEED TO HAVE LIKE A LONG DISCUSSION ABOUT IT.

BUT, UM, IT SOUNDS LIKE YOU'VE GOT A, THE ISSUE TAKEN CARE OF.

AND I GUESS, JUST SO I'M CLEAR, THE, THE COMPLAINTS THAT HAVE BEEN ISSUED FOR THE NOISE COMPLAINTS, THEY'VE ALL BEEN RELATED TO THE ROOFTOP IS, IS BASED ON WHAT I CAN TELL, RIGHT? THE DO YOU SEE, WHEN SAMBA SUNDAY STARTED, WHICH WAS IN JULY, THERE WAS RELIABLY A COMPLAINT THAT SUNDAY EVERY MONTH.

RIGHT.

SO THAT, AND THAT WAS ON THE ROOM.

SO THAT'S BASICALLY WHERE WE, WE ANTICIPATE THE ISSUES ARE COMING FROM.

WE HAVEN'T SEEN IT FROM ANYTHING ELSE.

OKAY.

I, I WOULD, MY, I GUESS THOUGHT WOULD BE TO PUT, TO LIKE, PUSH IT OFF FOR LIKE SIX MONTHS.

UH, NOT NECESSARILY JUST NOVEMBER, BUT JUST PUSH IT OFF JUST TO SEE HOW THINGS GO AND, UM, SEE HOW THE, LEMME SEE.

IS THERE A WAY TO PUSH IT OFF, BUT IF THERE'S NO ISSUES IN THE SIX MONTHS, YOU CAN REMOVE IT? OR IS THAT NOT POSSIBLE? NO, I THINK ONCE WE SET OUT IN THE AGENDA, JUST THEY COULD, YOU KNOW, I THINK YOU COULD MAKE IT CLEAR IF, IF THERE'S NO ISSUES JUST COME BACK AND PRESENT, YOU KNOW, JUST A, A QUICK UPDATE.

UM, BUT I THINK THE I KNOW, BUT THAT'S, BUT THEN THEY GOTTA PAY 'EM TO DO THAT.

I'M ASKING YOU IS IF, IF WE PUT IT ON THE AGENDA, IS THERE A METHODOLOGY FOR PUTTING IT SIX MONTHS? I GUESS YOU COULD STATE, YOU TELL US THERE'S BEEN NO ISSUES, IT CAN BE REMOVED AUTOMATICALLY.

YEAH, I THINK IF, IF THE BOARD IS CLEAR THAT IF THERE HAVE BEEN, THAT IF WE SET, UH, A MEETING DATE AND IF NO, UM, VIOLATIONS HAVE BEEN ISSUED, WE HAVE TO MAKE IT CLEAR.

IS IT COMPLAINTS OR, YOU KNOW, UM, OR, OR VALID NOISE COMPLAINTS OR, OR, OR COMPLAINTS SEEM TO BE, UM, UM, VALID BY, BY CODE, RIGHT? IF THERE HAVEN'T BEEN ANY, THEN THE PROGRESS REPORT, UM, DOES NOT HAVE TO COME BACK.

OKAY.

ADMINISTRATIVE.

YEAH.

ALRIGHT.

I WOULD, I, TO MITCH'S POINT THOUGH, YOU KNOW, THERE'S AN INHERENT ISSUE WITH THE, WITH, WITH CODE.

YOU KNOW, THERE'S, THERE'S A DJ ON THE ROOF CODE COMES TO THE HOTEL.

I'M, I'M NOT, I'M NOT SAYING, BUT WE CAN SAY, WE CAN SAY CUSTOMER, I JUST HATE THAT.

IF THERE'S REALLY NO ISSUES TO MAKE THEM PAY A LAWYER, I, BECAUSE I KNOW EXPENSIVE, HE, I COMPLETELY AGREE.

BUT WHAT I'M SAYING, WHAT MICHAEL IS SAYING IS THAT IT, TO DO THAT WE WOULD REQUIRE AN ACTUAL VIOLATION ISSUED.

NO, I'M SAYING WE COULD DO SITE AS A BOARD, IT COULD BE COMPLAINT FROM THE RESIDENTS.

YEAH, RIGHT.

THAT'S OKAY.

WITHOUT AN ACTUAL CODE VIOLATION.

YEAH.

YEAH.

SO WE COULD SAY IF THERE HAVE BEEN NO COMPLAINTS RIGHT, NO RESIDENTIAL COMPLAINTS, THEN WE'LL REMOVE IT ADMINISTRATIVELY.

IF NOT, WE'LL PUT IT ON THE CALENDAR FOR SIX MONTHS.

SO YOU WANT TO SET IT FOR, UM, SIX MONTHS FROM NOW? YEAH, LET ME FINISH WITH THERE.

I I MEAN, I, I JUST DON'T WANNA FINISH YELL OR MELISSA.

OKAY.

OKAY.

YOU HAVE NOT, OKAY, GO AHEAD MELISSA.

WE'LL, WE'LL GET TO THAT IN A MINUTE.

GO AHEAD.

I'M, I'M ON.

OKAY.

I'M ON BOARD.

ELIZABETH, HI, UM, I HAVE A DIFFERENT QUESTION.

UM, AM I TO UNDERSTAND THAT THERE'S NO ENTERTAINMENT ON THE ROOF, ON THE UPPER ROOF, ON THE UPPER ROOF, THE LOWER, AND THAT'S WHERE THIS COMPLAINT WAS.

UM, WHY WAS THERE A SPECIAL EVENT PERMIT ISSUED? 'CAUSE THERE WAS SOME, UM, MISCOMMUNICATION OR MISUNDERSTANDING OF, UM, THE CONDITIONS OF THE COP AND WHERE THE, UM, SPECIAL EVENT PERMIT COULD ALLOW ENTERTAINMENT OR NOT.

HOW, HOW IS IT UNCLEAR WHEN IT SAYS HOURS OF ENTERTAINMENT AND NO, NONE ON THE ROOF? I DON'T, I DON'T KNOW, BUT I'M JUST SAYING THAT IT SEEMS TO ME THAT THERE'S A, THERE'S A SPECIAL PERMIT E EVENT PROCESS THAT'S BROKEN THAT NEEDS TO BE ADDRESSED BECAUSE IF THEY'RE BEING ISSUED AND, AND, AND, UH, I DON'T, THAT THEY CAN'T DETERMINE FROM THE CUP THAT THEN THERE'S SOMETHING THAT HAS TO BE ADDRESSED.

AND I THINK THAT THE MANAGER, I MEAN, I UNDERSTAND THAT IT'S BEING ADDRESSED NOW, BUT I THINK THE MANAGER NEEDS TO ALSO UNDERSTAND THE RAMIFICATIONS OF, OF NOT COMPLYING WITH THEIR CONDITIONAL USE PERMIT.

SO, AND I, AND I CAN'T SPEAK TO THE HISTORY OF, IN TERMS OF WHO WAS CONTACTED TO SEE, I'M, I'M JUST SAYING WHAT I THINK IN THIS CASE, AT LEAST FOR THIS PROPERTY, THIS HAS BEEN ADDRESSED ON THE RECORD AND I THINK WE'RE ALL CLEAR FOR THIS PROPERTY.

I'M FINE WITH THAT.

I JUST WOULD LIKE TO NOTE THAT I THINK THERE'S SOMETHING WRONG IF THEY CAN'T DETERMINE WHAT THE RULES ARE.

WELL, SO, SO ONE OF THE THINGS WE HAVE DONE, YOU'LL SEE IT IN A COP WE HAVE LATER ON IN THE AGENDA, OR I DID TRY TO CLARIFY WHAT A SPECIAL EVENT, YOU KNOW, SO IT'S CRYSTAL CLEAR WHAT A SPECIAL EVENT COULD AUTHORIZE.

SO I'M, AGAIN, IT'S TO THE, THE STAFF OF THE HOTEL.

MM-HMM.

, I MEAN, THEY,

[00:30:01]

THEY ARE ARE AWARE NOW.

SO IT SOUNDS LIKE THAT'S BEING TAKEN CARE OF.

SO YES, WE, UH, TO AGAIN, ON THE RECORD, I'M GOOD WITH, WE HAVE THE ISSUE.

ALRIGHT, SO JONATHAN'S GONNA MAKE A MOTION THAT IT'LL BE MOVED SIX MONTHS AND IF THERE'S ANY RESIDENTIAL COMPLAINTS, WE'LL COME BACK AND IF NOT, IT'LL BE DISMISSED.

SO GO AHEAD, JONATHAN.

SO I'LL MOVE, WELL SECOND.

SO WE'LL, THIS WOULD BE, WE WOULD SCHEDULE THEN, UM, ANTICIPATING FOR THE MAY 6TH YES.

AGENDA.

AND IF THERE'S NO RESIDENTIAL COMPLAINTS, IT'LL BE ADMINISTRATIVELY DISMISSED.

OKAY.

GOT IT.

I'LL SECOND THAT.

GOOD.

OKAY.

THANK YOU.

THANK YOU EVERYONE.

ALRIGHTY.

UM, NEESON, YOU'RE

[9. PB24-0662. Conditional Use Regulations for Grocery and Convenience Stores in CD-3 zoning on Lincoln Road.]

UP, UH, PLANNING BOARD FILE.

WE'RE MOVING THIS OUT OF IT'S NUMBER NINE TO SEVEN.

IT'S PLANNING BOARD FILE 24 0 6 6 2 CONDITIONAL USE REGULATIONS FOR GROCERY AND CONVENIENCE STORES IN CD THREE ZONING ON LINCOLN ROAD.

AND BEFORE I TURN OVER TO MR. KAAN, I JUST WANNA, UM, GO OVER OUR STAFF REPORT AND OUR RECOMMENDATION.

YEAH, OF COURSE.

UM, AGAIN, THIS IS PPP 24 0 6 6 2.

UH, THIS IS FOR CONDITION REGULATIONS FOR GROCERY STORES AND CD THREE ZONING ON LINCOLN ROAD.

UM, THIS APPLICATION WAS BEFORE THE BOARD LAST MONTH.

THE APPLICANT REQUESTED A CONTINUANCE, THE INITIAL APPLICATION INCLUDED A REQUEST FOR BOTH G AN OPTION FOR BOTH GROCERY AND CONVENIENCE STORES IN THIS AREA.

THIS REVISED APPLICATION NOW ONLY PERTAINS TO REQUESTS FOR, FOR GROCERY STORES IN THIS AREA.

ON PAGE ONE OF OUR STAFF OF WHAT WE DID OUTLINE SOME PRIOR ISSUE, PRIOR HISTORY REGARDING, UM, USES AND HOW CONVENIENCE STORES AND, UM, GROCERY STORES OR PREVIOUSLY PROHIBITED PROHIBITED IN THIS AREA.

NOW WITH THE APPLICANT'S, UM, REVISED UPDATE, THEY'RE NOW REQUESTING APPROVAL ONLY FOR AN AUTHORIZATION TO ALLOW A GROCERY STORE SUBJECT TO CONDITIONAL USE REVIEW.

SO ANY SORT OF GROCERY STORE IN THIS AREA THAT WAS PROPOSED WOULD COME TO THE PLANNING BOARD FOR REVIEW.

UM, WE ARE RECOMMENDING HOWEVER, THAT, THAT THE ORDINANCES DRAFTED IS TOO OPEN-ENDED.

UM, WE BELIEVE THAT THE DEFINITION FOR A GROCERY STORE IS OVERLY BROAD AND WE DO BELIEVE THAT THERE SHOULD BE SOME, UM, MORE CONSTRAINTS TO ENSURE THAT SOMEONE DOESN'T TRY TO GAME THE SYSTEM AND HAVE SOMETHING THAT'S MIS GRADING AS A GROCERY STORE IS NOT REALLY A GROCERY STORE AND RESULT IN SOMETHING THAT IS NOT REALLY BENEFICIAL AND COULD, YOU KNOW, BE NEGATIVE TO HERE.

SO WE ARE, WE'RE SUPPORTIVE OF THIS GENERAL CONCEPT, BUT WE DO BELIEVE THAT THERE SHOULD BE SOME FURTHER DEVELOPMENT SO THAT WE HAVE A DEFINITION, FOR EXAMPLE, FOR A SPECIALTY GROCERY STORE, IT MAY HAVE MINIMUM, UM, SIZE REQUIREMENTS, IT MAY HAVE MINIMUM PERCENTAGES OF, UM, UM, FOOD ITEMS OR SPECIALTY FOOD ITEMS, AND PROBABLY WOULD HAVE RESTRICTION ON THE OVERALL SQUARE FOOTAGE AND PERCENTAGES OF ACCESSORY ITEMS TO ENSURE THAT REALLY MEETS THE INTENTION OF, UM, A SPECIALTY GROCERY STORE.

AS THE BOARD KNOWS, ONCE A, UM, A USE IS APPROVED, ALTHOUGH WE MAY A APPLICANT OR A CHANGE OF OPERATOR MAY HAVE TO COME BACK TO THE BOARD FOR REVIEW, THE BOARD CAN'T NECESSARILY THEN DENY A NEW OWNER OR PROPERTY OWNER, UM, IF THEY MEET THE, THE REQUIREMENTS OF THE CODE.

SO WE JUST WANNA MAKE SURE THAT WE TIGHTEN UP THOSE REQUIREMENTS.

SO FOR THAT REASON, WE, I RECOMMEND THAT THE BOARD PROVIDE SOME COMMENTS AND FEEDBACK AND CONTINUE THIS APPLICATION TO THE JANUARY 7TH MEETING.

I TURN IT OVER TO MR. CADEN.

THANK YOU.

GOOD MORNING, MR. CHAIR.

MEMBERS OF THE BOARD, SSON, CADEN AND CECILIA TORRES, TOLEDO OF AKERMAN REPRESENTING FOUR 20 LINCOLN ROAD ASSOCIATES.

WE HAVE A PRESENTATION IF WE COULD PUT THAT PRESENTATION UP, SO I'D GO THROUGH IT.

THERE WE GO.

I'M GONNA TRY TO USE THIS NEWFANGLED EQUIPMENT HERE TO MAKE SURE I KNOW HOW TO DO IT.

UH, WHOOPS.

NOT SO FAST.

UH, SO I THINK MANY OF YOU KNOW THAT THIS BLOCK, THE 400 BLOCK OF LINCOLN ROAD, UH, IS OWNED BY AMBASSADOR PAUL SAJA.

HE HAS OWNED THE PROPERTY FOR DECADES AND HE HAS DONE A MAGNIFICENT JOB IN RESTORING AND CURATING THE PROPERTY OVER THAT PERIOD OF TIME, INCLUDING COMPLETE RESTORATION OF THE FACADE, THE HISTORIC FACADE OF THE BUILDING, AS WELL AS BRINGING IN, UH, QUALITY TENANTS.

MOST RECENTLY, UH, THE ZARA STORE, WHICH IS ON THE CORNER OF LINCOLN AND WASHINGTON, IS BEING GREATLY EXPANDED AND WILL NOW BECOME A FLAGSHIP ZARA STORE, WHICH WILL OCCUPY MOST OF THE GROUND FLOOR ON THE LINCOLN ROADSIDE.

UH, I THINK YOU'RE FAMILIAR WITH THE PROPERTY.

IT REALLY IS TWO PROPERTIES THAT ENCOMPASS EVERYTHING FROM, UH, LINCOLN TO 16TH, FROM DREXEL TO WASHINGTON AVENUE, AND INCLUDES A SPACE KNOWN AS THE TIMEOUT MARKET.

UH, THE IMPORTANT THING, ONE OF THE IMPORTANT THINGS TO KNOW ABOUT THIS PROPERTY, WHICH MAKES IT TRULY UNIQUE AMONG NOT ONLY PROPERTIES ON LINCOLN ROAD, BUT PROBABLY ALL COMMERCIAL PROPERTIES ON MIAMI BEACH, IS THE HISTORIC NATURE AND DESIGN OF THIS PROPERTY.

IT'S A MASSIVE BUILDING.

UH, IT WAS ORIGINALLY BUILT AS THE MERCANTILE NATIONAL BANK BUILDING.

AND, UH, AS YOU CAN SEE HERE FOR MANY YEARS, THE GROUND FLOOR MAIN TENANT FROM THE TIME THE BUILDING WAS BUILT, UH, 1939 OR SO UNTIL THE 1980S, WAS A WOOLWORTH DEPARTMENT STORE

[00:35:01]

FOR THOSE OF US WHO CAN REMEMBER WOOLWORTHS.

AND IT OCCUPIED PROBABLY 60, 70, OR 80,000 SQUARE FEET ON THE GROUND FLOOR.

WHY? BECAUSE THE BUILDING HAS ENORMOUS DEPTH, WHICH IS CONDUCIVE TO USES OF THAT KIND.

UH, AND ON THE CORNER AS WELL WAS A LIGGETTS DRUGSTORE.

UH, AND SO THAT WAS A LOT OF THE GROUND FLOOR SPACE AT THAT BUILDING.

THEN THERE WAS THE OLD BEACH THEATER ON THE OTHER SIDE.

UH, WHAT WE ARE PROPOSING IS QUITE SIMPLE.

IT'S AN AMENDMENT TO THE, UH, UH, LAND DEVELOPMENT REGULATIONS TO ALLOW A GROCERY STORE AS A CONDITIONAL USE.

NOW, I WOULD POINT OUT THAT TODAY IN THE TIMEOUT MARKET SPACE, THAT'S PERMITTED AS A MATTER OF, RIGHT? BUT IF THE TIMEOUT MARKET SPACE IS COMBINED WITH O THE OTHER PROPERTY, IT WILL THEN BECOME WITHIN THE WASHINGTON AVENUE OVERLAY, THE MIMO OVERLAY, UH, WHICH HAS LIMITATIONS ON GROCERY STORES.

SO WE ARE ACTUALLY GONNA BE SUBJECTING THE ENTIRETY OF THE PROPERTY, OF THE CONDITIONAL USE PROCESS FOR GROCERY STORE.

I THINK THOSE OF YOU, MANY OF YOU UNDERSTAND THAT PROPERTIES, BUILDINGS, WITH THE KIND OF DEPTH AND FLOOR PLATE SIZE THAT THIS BUILDING HAS ARE NOT SUITED TO HAVE TENANTS THAT WOULD NEED A LOT OF STREET FRONTAGE, EITHER RESTAURANT OR RETAIL ON LINCOLN ROAD.

AND SO THEREFORE, IN ORDER TO BROADEN THE MARKET, THE APPEAL FOR GOOD QUALITY TENANTS, WE NEED TO SOMEWHAT BROADEN THE USES.

AND ONE OF THE USES IS WOULD BE FOR A GROCERY STORE.

AND THIS IS THE SIMPLE, UH, LEGISLATION, UH, THAT, UH, THAT IT WOULD PERMITTED ON THAT BLOCK AS A CONDITIONAL USE, UH, WITH ENTRANCE OF THE, FOR THE FRONTAGE OF RETAIL FRONTAGE ONLY ON WASHINGTON OR DREXEL AVENUE.

UH, THIS, THIS REQUEST IS, UH, CONSISTENT, UH, WITH THE DIRECTION THAT WASHINGTON AVENUE AND LINCOLN ROAD EAST ARE NOW GOING IN, PARTICULARLY WITH RESPECT TO IN MAKING THIS A BETTER ENVIRONMENT FOR RESIDENTIAL PROPERTIES.

UH, TO HAVE A GROCER, EVEN IF IT IS A SMALLER GROCER, WOULD BE GOOD FOR THE RESIDENTIAL PROPERTY OF THE NEIGHBORHOOD.

THE CONDITIONAL USE PROCESS, WHICH IS THE PROCESS THAT YOU ARE THE JUDGES FOR, IS A SIGNIFICANT CHECK TO MAKE SURE THAT THE USE THAT COMES IN IS THE APPROPRIATE USE.

AND AGAIN, TO REPEAT THE HISTORIC FLOOR PLATES, I MEAN, IF WE ARE SERIOUS ABOUT, UH, UH, ADAPTIVE REUSE OF BUILDINGS, GIVEN THEIR HISTORIC CHARACTER AND NATURE, THERE MUST BE ALLOWANCE FOR LARGER FLOOR PLATE USES IN BUILDINGS OF THIS SORT.

UM, AS I MENTIONED BEFORE, IT'S CONSISTENT WITH THE CITY'S PLANS WITH REGARD TO WASHINGTON AVENUE.

THE OVERLAY, WHICH YOU ARE MAYBE NOT CONSIDERING TODAY, BUT WILL BE CONSIDERING SHORTLY TO ENHANCE RESIDENTIAL AND RESIDENTIAL, UH, DEVELOPMENT, UH, REDEVELOPMENT OF WASHINGTON AVENUE AS FAR AS GROCERY STORES IN TERMS OF MAJOR GROCERS.

NONE ARE WITHIN WALKING DISTANCE OF THIS PART OF WASHINGTON AVENUE.

AND SO THIS WOULD BE AN AMENITY FOR RESIDENTS OF THIS AREA.

NOW, I WOULD TELL YOU THAT THIS IS NOT GOING TO BE PROBABLY LIKE A PUBLIX OR A LARGE, UH, UH, FOOTPRINT MARKET, BUT PROBABLY A SMALLER, MORE, 10 MORE TOWARDS A HIGHER END MARKET.

BUT THAT WOULD STILL SERVICE THE NEEDS OF RESIDENTS IN THE AREA.

ANOTHER THING THAT'S VERY IMPORTANT, REMEMBER WHEN THIS FIRST WAS PROPOSED, WE WERE GOING TO INCLUDE CONVENIENCE STORES.

CONVENIENCE STORES, UH, COULD INCLUDE LIKE A CVS PHARMACY WITHOUT A PHARMACY.

THERE WAS A PUSHBACK FROM THE PLANNING STAFF, THEY DID.

AND THEIR LAST RECOMMENDATION WHEN THIS CAME BEFORE YOU WAS, WAS GOING TO COME BEFORE YOU WAS NO CONVENIENCE STORES.

THAT WAS THE ONLY RECOMMENDATION BY THE PLANNING STAFF.

AND THERE WAS SOME PUSHBACK FROM SOME OF THE PEOPLE ON LINCOLN ROAD WHO DON'T WANT TO SEE CONVENIENCE STORES IN THE AREA, EVEN THOUGH IT WOULDN'T FRONT ON LINCOLN ROAD.

BUT WHAT WE HAVE NOW IS THERE'S A VERY DISTINCT DIFFERENCE IN DEFINITION BETWEEN GROCERY STORE AND CONVENIENCE STORE.

YOU'RE LOOKING AT IT RIGHT NOW, WHAT IS PUT UP ON THE SCREEN, A GROCERY STORE PRIMARILY SELLS FOOD.

A CONVENIENCE STORE IS STOCKED TO SELL A MIXTURE OF GOODS, AND IT GOES ON TO LIST A WHOLE NUMBER OF THEM.

SO A GROCERY STORE IS NOT A CONVENIENCE STORE, AND THAT THAT IS IN THE CITY'S CODE, AS I MENTIONED.

THE CONDITIONAL USE PERMIT IS A CHECK WHICH YOU WILL OVERSEE.

AND AMONG THE LIMITATIONS IMPOSED BY CONDITIONAL USE PERMIT REQUIREMENTS ARE THE PUBLIC HEALTH, SAFETY, MORALS AND GENERAL WELFARE SHALL NOT BE ADVERSELY AFFECTED.

MAYBE MORE IMPORTANTLY, NECESSARY

[00:40:01]

SAFEGUARDS WILL BE PROVIDED FOR THE PROTECTION OF SURROUNDING PROPERTY PERSONS AND NEIGHBORHOOD VALUES.

YOU CAN LOOK AT THAT WHEN YOU'RE APPROVING A CONDITIONAL USE PERMIT.

AND FINALLY, CONCENTRATION OF SIMILAR TYPES OF USES SHALL NOT CREATE A NEGATIVE IMPACT ON THE SURROUNDING NEIGHBORHOOD.

GEOGRAPHIC CONCENTRATION OR SIMILAR TYPES OF CONDITIONAL USES SHOULD BE DISCOURAGED.

YOU CAN USE ALL THOSE, APPLY ALL THOSE CRITERIA IN REVIEWING THE CONDITIONAL USE PERMIT.

I WOULD SAY WE DO, DO NOT, UH, FAVOR, UH, HAVING A FINER DEF A SPECIFIC DEFINITION OF GOURMET GROCER.

I MEAN, I WILL TELL YOU QUITE FRANKLY, THAT'S A RABBIT HOLE THAT WE SHOULD NOT GO DOWN BECAUSE IF WE GET SO PRESCRIPTIVE ABOUT WHAT IS AND WHAT IS NOT, FIRST OF ALL, HOW CAN YOU COME UP WITH LANGUAGE THAT IS ACTUALLY LEGAL ENFORCEABLE LANGUAGE? BUT SECOND OF ALL, IF YOU GET SO PRESCRIPTIVE, MY EXPERIENCE IS YOU'LL MISS SOMETHING THAT EITHER DOESN'T ACCOUNT FOR SOMETHING OR ACCOUNTS FOR SOMETHING THAT'S A PROBLEM.

UH, AND YOU KNOW, I IF YOU WOULD NOTICE NONE OF THE OTHER RETAIL USES ON LINCOLN ROAD OR RESTAURANT USES HAVE THAT KIND OF PROVISION.

WHY SHOULD GROCERY STORES, WHICH WOULD REQUIRE CONDITIONAL USE ANYWAY, HAVE SPECIFIC DEFINING LANGUAGE, WHICH I BELIEVE NOT.

I BELIEVE IN MY EXPERIENCE, VERY OFTEN, MORE OFTEN THAN NOT, MISSES THE MARK.

LET'S NOT BE OVERLY PRESCRIPTIVE.

UM, AND FINALLY, AS I'VE MENTIONED TO YOU BEFORE, THE EXISTING SPACE, BECAUSE OF ITS LARGE FLOOR PLATES, IS UH, UH, IS SPECIFICALLY DESIGNED FOR USES THAT ARE SOMEWHAT LARGER.

AND HERE WE'RE LOOKING AT THE HISTORIC PICTURES.

I THINK IF YOU LOOK THE ONE IN THE LOWER RIGHT HAND CORNER, IT MIGHT BE ME WHEN I JUST GRADUATED LAW SCHOOL, GETTING A HOT DOG AT, UH, WOOLWORTHS.

UH, BUT THOSE, THAT WAS THE MAIN GROUND FLOOR TENANT.

AND LIGGETTS THE DRUGSTORE WAS THE OTHER GROUND FLOOR TENANT.

AND THIS IS A, A LOOK INSIDE THE INNARDS OF THE PROPERTY.

YOU CAN SEE THE SIZE OF THE FLOOR PLATES AND HOW FAR THEY ARE OFF OF LINCOLN ROAD.

UM, AS A RESULT, THERE NEEDS TO BE AN ACCOMMODATION FOR SOMEWHAT LARGER USES THAT ARE NOT TYPICAL OF STREET RETAIL IN LINCOLN ROAD OR EVEN WASHINGTON AVENUE.

AND THEN OF COURSE, THE OTHER PART OF THE PROPERTY IS THE, UH, WITH THE TIMEOUT MARKET, UH, UH, WHICH, UH, IS A LARGE SPACE, OBVIOUSLY IS IDEAL FOR BEING USED AS A, UH, A MARKET AGAIN.

AND SO THAT'S OUR PRESENTATION.

WE'D REQUEST YOUR, UH, APPROVAL OF THIS VERY MODEST REQUEST TO ALLOW THIS BUILDING TO FUNCTION AS IT HISTORICALLY WAS INTENDED TO, AS IT IS DESIGNED TO DO AND FOR USE THAT WE BELIEVE IS VERY COMPLIMENTARY TO WHAT THE CITY WANTS TO ACCOMPLISH IN THE WASHINGTON AVENUE AND EAST END OF LINCOLN ROAD.

THANK YOU.

THANK YOU NEESON.

UH, ANYONE IN CHAMBERS SPEAK ON THIS? NO.

GOOD MORNING.

ANNABELLE YI'S, EXECUTIVE DIRECTOR FOR THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT.

UM, FOR THOSE OF YOU WHO MAY NOT KNOW, THE, THE BID REPRESENTS OVER 70 FOLIOS, APPROXIMATELY OVER 65 LANDLORDS THAT ENCOMPASS THE BIDS DISTRICT.

AND WE HAD AN OPPORTUNITY TO MEET WITH MR. AND DISCUSS AT OUR LAST BOARD MEETING, UH, THE ITEM THAT HE BRINGS BEFORE YOU.

UM, WE ARE CONCERNED, OBVIOUSLY BECAUSE OF THE LACK OF FRAMEWORK AND GUARDRAILS WHEN IT COMES TO GROCERY STORES, THE CITY'S PUTTING A LOT OF EFFORT, AS ARE THE LANDLORDS TO BRING HIGH QUALITY BETTER F AND B TO THE ROAD.

AND THE CAPITAL IMPROVEMENT PROJECT WILL INCLUDE CLOSING AND PEDESTRIAN DREXEL.

WE HOPE.

AND WE SEE THAT THIS WILL BE AN UPGRADE TO THE EXISTING FOOTPRINT OF THE ROAD.

THE APPLICANT, OBVIOUSLY IN THE BEGINNING PRESENTED CONVENIENCE STORE AND GROCERY STORE AND THAT REALLY RAISED A BIG RED FLAG FOR EVERYONE ON THE BOARD.

AND OUR CONCERN IS THERE ISN'T ENOUGH GUARDRAILS TO WHAT A GROCERY STORE CAN BE RIGHT NOW.

A CONVENIENCE STORE CAN BE CONSIDERED A GROCERY STORE.

AS YOU KNOW, YOU GO TO ANY GROCERY STORE, A CONVENIENCE STORE, YOU CAN FIND A LOT OF THE SAME THINGS.

I THINK WE ALL WANT THE SAME THINGS AS HAVING A GOURMET GROCERY STORE.

WE'RE ALIGNED WITH THE APPLICANT ON THAT.

WE'RE JUST CONCERNED THAT IT'S NOT SPECIFIC ENOUGH AND IT CAN LEAD ROOM FOR OTHER THINGS TO COME IN AND FRANKLY, ALSO FOR THE CITY.

NO, I'M GONNA, I'M GONNA MAKE SURE I UNDERSTAND WHAT YOU'RE SAYING.

YEAH.

SO EVEN IF WE ELIMINATE THE WORD CONVENIENCE STORES, YOU'RE CONCERNED THAT JUST GENERICALLY

[00:45:01]

GROCERY STORE COULD BE A CONVENIENCE STORE.

IT'S NOT A, IT'S, IT'S, IT'S NOT A ONE SIZE FITS ALL.

IT'S NOT A ONE SIZE FITS ALL.

RIGHT.

SO THERE IS A LITTLE BIT OF AMBIGUITY ACTUALLY, A LOT OF HOW THAT COULD BE ADDRESSED.

SO I THINK SO IS YOUR ARGUMENT YOU'D WANT A MORE DEF DEFINITIONAL CORRECT WORD VERBIAGE FOR WHAT A GROCERY STORE IS SO THAT HIS ENDING POINT WAS THAT'LL PIGEONHOLE AND YOU'RE SAYING NO, WE NEED TO MAKE IT CLEAR WHAT CONSTITUTES A GROCERY STORE.

YES.

OKAY.

AND I, AND I THINK THE BOARD, ALONG WITH THE STAFF RECOMMENDATIONS WERE VERY MUCH ALIGNED.

WE ALL CAME TO THE SAME CONCLUSION AS THE STAFF.

WE WOULD LIKE TO SEE A LITTLE BIT MORE OR A LOT OF WHAT DOES ZACH OR MAKE GROCERY STORE STORE LOOK LIKE? WHAT ARE THE PARAMETERS FOR THAT DESCRIPTION IN ORDER TO ENSURE THAT WHAT THE APPLICANT IS SAYING THEY WANT TO DO ACTUALLY HAPPENS.

SO, AND IT ALSO FRANKLY PUTS THE STAFF IN A LITTLE BIT MORE OF VULNER SITUATION IF LATER ON SOMEONE ELSE COMES IN AND WANTS TO DO SOMETHING TO BE ABLE TO DEFEND THAT AFTER IT'S ALREADY BEEN DONE ON THIS LOCATION.

SO CAN I ASK YOU REAL QUICK, DO YOU ALL HAVE A TENANT IDENTIFIED? NOT YET.

OKAY.

YEAH.

AND THAT'S, YOU KNOW, AND THAT'S USUALLY HOW THE PROCESS IS.

THEY HAVE A TENANT IDENTIFIED, IT COMES TO THE BOARD AND THEN OUR BOARD AND WE ALL ALIGN AND WE ALL SUPPORT AND APPROVE IT.

THIS PROCESS HAS BEEN A LITTLE BIT DIFFERENT THAN IN OTHER SITUATIONS.

SO WE ARE ALIGNED WITH BRINGING IN A GOURMET GROCER.

WE'RE JUST CONCERNED THAT IT'S TOO OPEN-ENDED RIGHT NOW.

RIGHT.

TO BE ABLE TO SAY THAT.

LET ME ASK SOMETHING JUST OUTTA CURIOSITY.

DID YOU CONSIDER PUBLIX THE GROCERY STORE THAT YOU'D WANT THERE OR NO? NO.

OKAY.

WHOLE FOODS I THINK, I THINK EPIC.

TRYING TO GET AN IDEA OF WHAT YOU'RE, SORRY.

THE EPICURE OF THE PAST.

RIGHT.

YOU KNOW, WHICH OBVIOUSLY DON'T EXIST TODAY.

UM, AS MR SAID, DINA DELUCA AGAIN DOES NOT EXIST TODAY.

THERE, THERE ISN'T A WHOLE LOT, YOU KNOW, THAT ARE OUT THERE.

UM, BUT WE DO HAVE SOME, AND WE WROTE IT IN THE LETTER, THE SUPPORT THAT WE SUBMITTED.

YOU KNOW, WE DO IDENTIFY THERE ARE SOME THAT COULD BE BENEFICIAL TO THE WHOLE DISTRICT AND THE RESIDENTIAL COMMUNITIES SURROUNDING LINCOLN ROAD, BUT AS IT IS TODAY, WE DON'T FEEL THAT THERE IS ENOUGH GUARDRAILS TO GO THAT ROUTE.

SO WE'RE HAPPY TO SUPPORT THE APPLICANT IF THERE ARE BETTER, UH, GUARDRAILS ON THE DESCRIPTION OF A GROCERY STORE.

WHAT A GOURMET GROCERY STORE.

RIGHT.

SO YOU'RE NOT OPPOSED TO WE JUST WANT A GOURMET, YOU WANT A VERY HIGH END UNDERSTAND WE WANT SOMETHING THAT WILL COMPLIMENT HOW THE ROAD IS LOOKING IN THE FUTURE FOR HER.

YEAH.

OH, SO WE'RE, WE'RE WE'RE NOT DONE WITH THE PUBLIC.

UH OH, OKAY.

NO, NO, NO.

HE JUST HAS A QUESTION.

YOU JUST HAD A QUESTION FOR YOU.

'CAUSE I, I READ THE LETTER FROM THE LINCOLN ROAD BID.

I GUESS WHAT WOULD THE CONCERN BE FOR PUBLIX WHO'S GENERALLY BEEN KNOWN ONCE THEY GO INTO AN AREA TO REALLY KIND OF REVIVE IT? WHAT WOULD THE LINCOLN ROAD BIDS CONCERN BE SPECIFICALLY FOR A GROCER SUCH AS PUBLIX? WELL, TO BE HONEST WITH YOU, I DON'T THINK A PUBLIX WOULD, WOULD GO IN THAT LOCATION.

'CAUSE IT'S NOT BIG ENOUGH FOR THAT TYPE OF GROCERY STORE.

NO.

BUT THEY HAVE THEIR GREENWISE, YOU KNOW, OPTIONS, WHICH ARE USUALLY SMALLER F YOU KNOW, FOOTPRINTS THAT WE'VE SEEN IN DIFFERENT CITIES KIND OF POP UP.

SO LET'S SAY SOMETHING LIKE PUBLIX AGAIN, LET'S SAY IT COULD FIT OR THEY WANTED TO GO THERE, WHAT WOULD THE CONCERN BE? AGAIN, I, I THINK WHAT WE WANT IS A MORE ELEVATED GROCER.

SOMETHING THAT WOULD BRING THE RIGHT AUDIENCE AND IT COULD SUPPORT THE ELEVATION OF WHERE LINCOLN ROAD IS GOING TODAY.

UM, AGAIN, WE'RE SUPPORTIVE OF BRINGING A GROCER, IT'S JUST THE RIGHT GROCER THAT WOULD FIT WITH WHAT IS HAPPENING.

ALL THE GREAT DEVELOPMENT THAT'S HAPPENING ON LINCOLN ROAD, YOU KNOW, IN THAT CORNER ALONE WE HAVE UNDER IS OPENING UP ON THE 31ST.

OBVIOUSLY WE'RE GETTING NEGRONI, WE'RE GETTING MEDITERRANEAN, MEDUSA, WHICH IS A HIGH END RESTAURANT, YOU KNOW, DOWN THE STREET.

WE'RE GETTING A NIGHT SKY.

SO THERE'S A LOT OF GREAT THINGS HAPPENING ON LINCOLN ROAD, AND WE WANNA MAKE SURE THAT WHAT OTHER DEVELOPMENT THAT HAPPENS ALIGNS WITH THAT GROWTH AND NOT BECOME DETRIMENTAL TO WHAT ALREADY IS HAPPENED.

RIGHT.

NO, I UNDERSTAND WHAT YOU'RE SAYING.

IT'S THE BALANCE BECAUSE IF YOU, IF YOU OVER DEFINE IT, THEN YOU'RE REALLY LIMITING THE UNIVERSE OF POTENTIAL TENANTS.

BUT I, I UNDERSTAND WHAT YOU'RE SAYING AND SO I THINK IT'S HIS QUESTION'S A GOOD ONE IS WHAT, YOU KNOW, THAT'S WHY I WAS TRYING TO UNDERST IT'S A WHOLE FOODS TO YOU HIGHER END OR ARE YOU TALKING ABOUT JUST THE DEAN AND DELUCAS OF THE WORLD OF THE, WELL AGAIN, WE'RE, WE'RE JUST ECHOING WHAT THE APPLICANTS HAS SAID THAT THEY WANT.

RIGHT.

YOU KNOW, THEY SAY THEY WANT A HIGH-END GROCER.

RIGHT.

SO WE ARE ALIGNED.

RIGHT.

I DON'T KNOW IF EVERYONE KNOWS WHAT THAT IS.

THAT'S WHAT I'M ASKING.

WELL, AGAIN, IT'S NOT AN ALDI, IT'S NOT A WINN-DIXIE.

YEAH, IT'S NOT, YOU KNOW, UH, IT'S A PLUM MARKET OR SOMETHING LIKE THAT.

IT'S A, IT'S A, IT'S A UNIQUE SOMETHING, A NICHE RETAILER THAT SELLS, YOU KNOW, THAT DOESN'T SELL FOOD SERVICE.

IT SELLS FOOD ITEMS, RIGHT.

THAT ARE UNIQUE AND DIFFERENT.

AND THOUGH THEY CAN BE DEFINED.

UM, I'VE DONE RETAIL LEASES FOR 30 SOMETHING YEARS.

I, IT CAN BE DEFINED AND IT CAN BE LIMITED

[00:50:01]

TO WHAT, WHAT YOU GUYS ARE LOOKING FOR.

AND I THINK YOU'RE RIGHT.

IF YOU ARE LOOKING TO UPGRADE THE AREA AND TO HAVE RESIDENTS, THEN YOU NEED TO HAVE SOMETHING THAT CAN SUPPORT THAT.

ALL RIGHT, HOLD ON ONE SECOND, LOU, WE'RE GONNA GET TO THE BOARD.

GO AHEAD, NICK.

I, I JUST, I KNOW, I KNOW THE BOARD KNOWS THIS, BUT, BUT WE SHOULD AVOID MAKING LEGISLATIVE DECISIONS BASED ON, UH, PARTICULAR BRANDS.

I THINK YOU CAN, YOU CAN DEFINE A USE AS BROADLY OR AS PRESCRIPTIVELY AS YOU LIKE.

UM, AND YOU CAN INCLUDE IN YOUR DEFINITION THE KINDS OF THINGS THAT, THAT YOU WOULD WANNA SEE IN, IN A GROCERY STORE.

OKAY.

UH, OR A SPECIALTY STORE.

BUT YOU, I WOULD AVOID MAKING DECISIONS BASED ON, UH, THE BASED ON THE BRAND.

YEAH, YEAH.

NO, I WAS JUST TRYING TO GET AN IDEA OF WHAT HER VISION IS OF A GROCERY STORE.

BUT ANYWAY, ARE, ARE YOU FINISHED? UH, AND I JUST WANNA SAY, YOU KNOW, WHAT WE ARE RECOMMENDING AS A BOARD IS TO, TO COME BACK WITH THE STAFF WITH MR. NISO AND WORK TOGETHER TO DEFINE THAT.

YOU KNOW, WE, WE ARE OPEN TO WORKING WITH HIM AND WE WANNA SUPPORT MR. SEJA AND HIS VISION, BUT I THINK AS IT CURRENTLY STANDS, IT'S A LITTLE TOO BROAD AND I THINK YOU COULD REALLY HAVE UNINTENDED CONSEQUENCES DOWN THE ROAD.

OKAY.

THANK YOU.

OKAY.

THANK YOU.

ANYONE ELSE IN CHAMBERS? WE DO HAVE SOME MORE CALLERS ON, ON ZOOM.

YEAH, I WAS GONNA GET THERE.

SORRY.

, GO AHEAD.

UH, OUR NEXT CALLER IS, UH, LYLE STERN.

GOOD MORNING EVERYBODY.

THANKS FOR YOUR TIME THIS MORNING.

LYLE STERN, SEVEN 30 LINCOLN ROAD.

UH, I WON'T RESTATE THE BID'S POSITION.

UH, ANNABELLE'S ALREADY DONE THAT.

UM, I THINK YOUR PLANNING STAFF AS USUAL NAILED IT GREATLY, WHICH IS THE CURRENT DEFINITION FOR GROCERY STORE IS VERY BROAD AND IT COULD APPLY TO WILD VARIETY OF MERCHANTS SELL FOOD ON, ON PAGE SIX.

I THINK THAT, UH, AND I, I HAVE GREAT RESPECT FOR MR. KADEN AND, AND AMBASSADOR TEJAS, BUT I THINK THAT, YOU KNOW, MR. KADEN'S CONCERNED ABOUT GOING DOWN A RABBIT HOLE, UH, REALLY JUST DOESN'T HOLD ANY WATER HERE.

THIS IS A VERY SIMPLE TYPE OF USE TO DEFINE, UH, WE SHOULDN'T BE CONCERNED ABOUT ATTEMPTING TO DEFINE WHAT WE WANT, SORRY, WHAT WE WANT IN OUR COMMUNITY.

UM, AND MORE IMPORTANTLY WITH WHAT THE CITY IS LOOKING TO DO WITH INCREASED THE RESIDENTIAL DENSITY ALONG WASHINGTON AVENUE AND ALONG LINCOLN ROAD.

AND WITH THE THREE AND A HALF BILLION DOLLARS OF RESIDENTIAL DEVELOPMENT ALONG COLLINS AVENUE NORTH OF LINCOLN, WE SHOULD ALL BE CAREFUL ABOUT WHAT WE'RE LOOKING TO PUT HERE.

WE THINK THAT A GROCERY STORE IS A GREAT IDEA IF DEFINED APPROPRIATELY.

AND, AND I'LL FOLLOW COUNCIL'S ADVICE TO NOT START NAMING NAMES, BUT I THINK WE ALL KNOW THE KIND OF FOOD SERVICE THAT WE WOULD LIKE TO SEE HERE THAT BENEFITS THE COMMUNITY ALL YOUR STAFF IS ASKING FOR, AND ALL THE BID IS ASKING FOR IS LET'S ALL HUDDLE UP AND COME BACK ON JANUARY 7TH.

IT'S AROUND THE CORNER WITH A BETTER DEFINITION BECAUSE IF YOU DON'T, THEN, UH, IT JUST GOES THROUGH THE CUP PROCESS.

BUT THEN YOU'LL HAVE TO LIVE WITH WHAT THE DEFINITION OF A GROCERY STORE IS IN CURTAIL YOUR LISTING AT THAT POINT TO THE CURRENT DEFINITION, WHICH JUST ISN'T APPROPRIATE HERE AND PROBABLY IS NOT APPROPRIATE IN SOME OTHER PLACES IN THE CITY.

SO I THANK YOU FOR YOUR TIME.

THANKS LYLE.

MICHAEL, NEXT.

OUR NEXT CALLER IS, UH, JOHANN MOORE.

YES, GOOD MORNING AGAIN.

UM, I, I WANNA CAUTION US ABOUT THIS GROCERY STORE'S INTENDED, UH, PUBLIC, UH, UH, NO IMPLICATION MEANT BY THAT WORD ACTUALLY, BUT YES, INDIRECTLY THERE HAS IN FACT BEEN RATHER STRONG REQUEST FROM NEIGHBORS OF WASHINGTON AVENUE FOR SOME KIND OF A GROCERY STORE.

I'M NOT SURE FROM TWO ANGLES THAT THAT THERE ISN'T A CONCERN HERE, THOUGH THOSE REQUESTS HAVE NOT BEEN NECESSARILY FOR A HIGH END GROCERY STORE.

WHILE CERTAINLY I THINK THOSE REQUESTS WOULD, UM, PREFER TO EXCLUDE MORE CONVENIENCE OR LOW END TYPE STORES, BUT THERE WAS A RATHER LAMENTED GROCERY STORE ON WASHINGTON, UH, THAT WAS I THINK, SORT OF LOW TO MIDDLE, UH, PART OF THE, THE, THE NICHE, UH, THAT WAS PARTICULARLY MISSED.

SO GIVEN THAT WE'RE TRYING TO INCENTIVIZE MODEST RESIDENTIAL ON WASHINGTON, GIVEN THAT FLAMINGO PARK IS DISPROPORTIONATELY MODERATE TO MIDDLE INCOME, I THINK THAT THERE MIGHT BE A BIT OF A MISMATCH BETWEEN PURSUING A GOME GROCERY STORE, HOWEVER MUCH.

SOME OF US MIGHT LOVE THAT AND TO NAME A NAME WHICH ISN'T RELEVANT TO US.

SO I THINK I CAN NAME IT, UH, ELI'S MARKET IN NEW YORK COMES TO MY MIND SOMEPLACE I REGULARLY SHOP AT, AT GRAND CENTRAL.

RIGHT.

BUT I THINK THAT'S NOT NECESSARILY THE, THE RIGHT MATCH.

AND I ALSO WANT TO LOOK AT IT FROM A DIFFERENT ANGLE.

I THINK THE DESIRE FOR AN ELEVATED RETAIL EXPERIENCE ON WASHINGTON MAY NOT EXACTLY BE COMPATIBLE WITH,

[00:55:01]

AGAIN, FROM THIS OTHER ANGLE, THE TYPE OF GROCERY STORE THAT THE COMMUNITY ACTUALLY NEEDS.

AND WHEN WE THINK ABOUT WHO SHOPS RETAIL ON WASHINGTON, THEY TEND TO OFTEN BUY THINGS THAT THEY CAN TAKE AWAY WITH THEM, SUCH AS CLOTHES, SUCH AS DECORATIVE ITEMS, WHAT HAVE YOU.

I'M NOT SURE THAT THAT GROUP OF PEOPLE IS NECESSARILY GOING TO BE THE PRIMARY, UH, TARGET AUDIENCE.

CERTAINLY NOT FROM THE COMMUNITY'S POINT OF VIEW FOR THIS GROCERY STORE.

THEY WILL BE MORE LIKELY TO PURCHASE, SAY, PREPARED FOODS RATHER THAN AN ORGANIC HEAD OF LETTUCE THAT THEY'RE NOT GONNA BE LIKELY TO BE ABLE TO WASH IN A WATER FOUNTAIN OR IN THEIR HOTEL ROOM.

RIGHT.

SO I THINK WE HAVE TO BE CAREFUL ABOUT WHAT WE'RE GOING FOR HERE.

THANK YOU.

THANK YOU.

ANYONE ELSE? AND OUR LAST CALLER IS, UM, MARIA SET BRACE IPHONE.

MARIA.

HI, CAN YOU HEAR ME? YES.

OKAY, GREAT.

I AM STUCK IN TRAFFIC, SO I APOLOGIZE.

I AM MARIA AND I REPRESENT FOUR 20 LINCOLN ROAD AND AMBA AMBASSADOR PAUL TEJAS.

AND I HAVE TO CHIME IN HERE FOR A LITTLE BIT BECAUSE, UM, WE HAVE BEEN, UH, WORKING VERY HARD TO TRY TO GET, UM, FOUR 20 LINCOLN ROAD.

AND OBVIOUSLY I'M A PART OF THE BID, I SIT ON THE BOARD AND I THINK IT'S REALLY IMPORTANT TO HAVE COHESIVENESS AND TO BE A PART OF THE BAY AND TO PARTICIPATE AND SHAKE HANDS AND MEET ALL THE COMMISSIONERS.

AND, YOU KNOW, WE'RE ALL TRYING TO ACCOMPLISH THE SAME THING HERE.

AND I HAVE TO BE HONEST, IT HAS BEEN VERY CHALLENGING FOR MY WASHINGTON SIDE AS WE ALL KNOW HOW IT LOOKS, HOW IT PRESENTS, UM, FOR, UH, FOR WHAT WE WANNA DO THERE FOR THAT PROPERTY.

AND I HAVE TO BE, UM, VERY CANDID IN TELLING YOU THAT IF WE ARE PUTTING MORE CONDITIONS AND WE ARE PUTTING MORE, UH, YOU KNOW, THINGS IN THE WAY OF WHAT WE COULD POSSIBLY DO THERE WITH A, YOU KNOW, GROCERY STORE.

IT'S VERY, VERY SIMPLE.

WE JUST WANT TO HAVE, UH, THE ABILITY TO VISIT WITH, YOU KNOW, CERTAIN MARKETS AND WE'RE LOOKING AT HIGH END.

WE'RE LOOKING AT GOURMET, WE'RE LOOKING AT, YOU KNOW, EPICURES, UH, THERE'S A, A, A PROCESS THAT WE'RE GOING TO HAVE TO BE FORCED TO GO THROUGH ANYWAY, WHICH IS A VERY, YOU KNOW, RESPONSIBLE PROCESS.

IT'S CALLED THE COP, AND WE ALL KNOW THAT.

SO I'M JUST GOING TO HAVE TO SAY THAT WE SHOULD REMOVE SO MUCH OF WHAT WE TRY TO DO TO TRY TO HELP OURSELVES, YOU KNOW, BY KEEPING THINGS COHESIVENESS, BUT IT'S ALSO GOING TO PRESENT AN ISSUE WHEN WE'RE TRYING TO, UH, YOU KNOW, HAVE POSSIBILITIES OF WHAT WE COULD DO THERE.

AND SO I'M RESPECTFULLY ASKING, YOU KNOW, ALL OF THE COMMISSION, YOU KNOW, UH, I'M SORRY, NOT ALL THE BOARD MEMBERS TO PLEASE CONSIDER THIS.

YOU KNOW, WE HAVE, UM, BEEN SORT OF PENALIZED FOR HAVING SUCH A BIG PROPERTY.

WE'RE NOT TALKING ABOUT HAVING ANY KIND OF MARKET ON LINCOLN ROAD.

THIS IS NOT IN ANY WAY, SHAPE OR FORM GOING TO GO ON LINCOLN ROAD.

AND THIS IS, UH, MY CONCERN IS FOR WHAT'S GONNA GO ON WASHINGTON, WHAT'S GONNA GO IN THE INSIDE OF THE PROPERTY, WHICH IS A VERY LARGE PROPERTY.

AND SO I REALLY WANT YOU TO CONSIDER THAT WHEN WE'RE LOOKING AT THIS, WE COULD GET STUCK INTO THE DETAILS OF WHAT'S GONNA HAPPEN ON LINCOLN ROAD.

THIS IS NOT ABOUT LINCOLN ROAD, THIS IS ABOUT THE REST OF THE PROPERTY THAT PRESENTS.

IT'S A VERY LARGE PROPERTY, AND WE'RE A WHOLE CITY BLOCK.

SO, UM, THANK YOU SO MUCH FOR YOUR TIME.

THANK YOU.

ANYBODY ELSE? THAT'S OUR LAST CALLER.

OKAY.

UM, DO YOU WANNA ADDRESS ANYTHING OR DO YOU WANT US TO TAKE QUESTIONS? IF I, IF I MAY, MR. CHAIR, UH, I'D LIKE TO ADDRESS SOME OF THE COMMENTS THAT HAVE BEEN MADE.

I THINK YOU CAN SEE, FIRST OF ALL, BY A COUPLE OF THE SPEAKERS, UH, JOHAN, AND THEN THE LINCOLN ROAD BID REPRESENTATIVE.

THAT HOW YOU'RE GONNA DEFINE THIS IS NOT SO EASY.

UH, AND DO WE WANT TO REALLY GO DOWN THAT PATH OF BEING SO PRESCRIPTIVE AT THIS POINT IN TIME? I THINK THAT UNDERSCORES WHY WE SHOULD NOT BE.

NOW, THE DISCUSSION HAS BEEN LARGELY ABOUT, WELL, GROCERY STORE CAN BE A CONVENIENCE STORE.

WELL, AS YOU'VE SEEN, THE CITY CODE HAS A SEPARATE DEFINITION FOR GROCERY STORE AND A SEPARATE ONE FOR CONVENIENCE STORE.

IF THAT'S THE PROBLEM, THEN THE CITY SHOULD REVISIT THE DEFINITION OF GROCERY STORE OR CONVENIENCE STORE.

IT SHOULD NOT BE PART OF THIS ORDINANCE, NUMBER ONE.

NUMBER TWO, AND LET'S GET THE PERSPECTIVE ON THIS PROPERLY.

UH, THIS IS NOT GOING TO BE ON LINCOLN ROAD.

IT DOES NOT ALLOW ENTRANCE ON LINCOLN ROAD.

IT IS ONLY WASHINGTON AVENUE OR DREXEL AVENUE.

AND IT IS TRUE, AS MARIA WAS SAYING, THAT AMBASSADOR SAJA PROPERTY IS PENALIZED BECAUSE OF ITS SIZE, BECAUSE IT PROBABLY THE ONLY PROPERTY ON LINCOLN ROAD ON THE SOUTH

[01:00:01]

SIDE OF LINCOLN ROAD THAT EXTENDS ALL THE WAY TO 16TH STREET.

HE, THERE IS A SITUATION THERE DUE TO THE SIZE OF THE PROPERTY, AND THAT IS WHAT CREATES THE PROBLEM, BECAUSE THERE ARE THESE VAST SPACES, THESE VAST INTERIOR SPACES.

SO THEY NEED THIS PARTICULAR TREATMENT.

AND AS MARIA ALSO MENTIONED, IF THIS IS ONE OF THE OPTIONS THAT IS TAKEN OUT OF THE QUIVER FOR TENANTS, UH, SHE, MARIA WAS QUITE CANDID.

WASHINGTON AVENUE IS THE MOST DIFFICULT PLACE TO, TO, TO TENANT.

WHAT YOU'RE DOING THEN IS PERHAPS FORCING THE MARKET TO GET MORE, I SHOULD SAY, LESS DESIRABLE TENANTS FOR WASHINGTON AVENUE THAN WHEN YOU HAVE MORE OPTIONS FOR USES.

UM, AND FINALLY, I, I'D LIKE TO POINT OUT THAT AM AMBASSADOR SAJA HAS HAD AN INCREDIBLE TRACK RECORD AS THE OWNER OF THIS PROPERTY FOR MANY DECADES, FROM HIS RESTORATION OF THE PROPERTY.

I, I DON'T, SOME OF YOU PROBABLY REMEMBER WHAT THAT PROPERTY WAS LIKE BEFORE HE BOUGHT IT 30 OR SO YEARS AGO.

HE COMPLETELY RESTORED IT.

HE'S DONE A WONDERFUL JOB, TENANTING IT.

IT IS A UNIQUE PROPERTY BECAUSE OF ITS SIZE AND ITS FLOOR PLATE.

AND AS A RESULT, IT NEEDS TO BE ABLE TO BE PROPERLY TENANTED.

SO BOTTOM LINE IS, IT'S NOT ON LINCOLN ROAD, IT'S THIS, THE SIDE STREETS.

NUMBER TWO, IF THERE'S A PROBLEM WITH THE DEFINITION OF GROCERY AND CONVENIENCE STORE, THEN DEAL WITH IT IN THOSE SECTIONS OF THE CODE.

DON'T MAKE IT SPECIFIC, DENISE.

AND NOT TO PLAY SEMANTICAL GAMES.

I JUST WANT TO GET AN UNDERSTANDING FROM YOU AS WELL.

DO YOU CON SO UNDER THE DEFINITION THAT YOU WOULD LIKE, COULD A PUBLIX GO THERE? YES.

OKAY.

OH, UH, WHOLE FOODS COULD GO THERE.

YES.

ALRIGHT.

SO YOU'RE NOT ENVISIONING ONLY LIKE SOME HIGH END.

OKAY, I JUST WANNA UNDERSTAND.

NO, THEY COULD GO THERE.

ALTHOUGH, AS WAS POINTED OUT, PRACTICALLY SPEAKING, GIVEN THE SIZE OF THE, OF FLOOR PLATES THAT THEY, THEY THEY HAVE, THEY WILL NEVER GO THERE.

AND THE LACK OF PARKING, ET CETERA, ET CETERA.

SO HOW MANY SQUARE FEET IS IT? WELL, IT DEPENDS.

I MEAN, THERE ARE MANY DIFFERENT SPACES.

I THINK I SHOWED EARLIER ON THE DIAGRAM THAT THERE ARE, THERE'S THE TIMEOUT.

BY THE WAY.

TIMEOUT MARKET WAS A, A TENANT THAT AMBASSADOR, SAY HOUSE BOUGHT, WHICH WAS VERY FINE TENANT FOR THAT AREA.

UH, THEY RANGE FROM LIKE, UH, FIVE.

HERE WE GO.

AND I CAN BRING IT BACK UP.

LET ME, IF I CAN GET THE, UH, I MEAN, THEY'RE FUNCTIONALLY OBSOLETE.

YOU'RE SAYING IT'S TOO SMALL FOR A, FOR A PUBLIC SITE GROCERY STORE? I'M SAYING, I MEAN, IF YOU COMBINED EVERYTHING, HERE WE GO.

OH, THAT'S JUST, IF YOU SEE HERE THE, UH, THE ORANGE ON TOP, THAT'S 8,300 SOME ODD SQUARE FEET.

THAT'S THE OLD BEACH THEATER BUILDING, WHICH IS AN INTERIOR SPACE.

UM, THE, UH, ON THE WASHINGTON AVENUE SIDE, YOU SEE THE, UH, LIGHT ORANGE THAT'S ABOUT 10,500 SQUARE FEET.

AND I'M NOT SAYING THAT ALL THESE ARE NECESSARILY, BUT IS YOUR CONCERN THAT IF YOU, IF WE FURTHER DEFINE IT TO BE MORE HIGH-END GROCER, THERE WON'T BE ENOUGH TENANTS OUT THERE TO POTENTIALLY TAKE ADVANTAGE.

I I JUST WANNA UNDERSTAND, WE'RE JUST BEING OPEN HERE.

I'M TRYING TO FIGURE OUT WHAT, LIKE, WHAT'S YOUR CONCERN IF WE, I THINK IT GETS TOO PRESCRIPTIVE AND THAT IT MIGHT, AS A RESULT RE UH, LIMIT THE UNIVERSE OF POTENTIAL TENANTS? I GOT A QUESTION FOR UNI.

AND GUESS, I THINK WHAT, WHAT, IT'S NOT SO MUCH WE'RE TRYING TO BE SPECIFIC ABOUT WHO WE WANNA SEE.

THERE WE'RE, I THINK OVERALL, UH, WE'RE TRYING TO AVOID CERTAIN KINDS OF, OF BUSINESSES THAT, YOU KNOW, SO I THINK THERE'S A, THERE'S A NARROW WINDOW OF BUSINESSES WE'RE TRYING TO AVOID VERSUS PIGEONHOLING THIS SPACE TO BE, WHAT DO YOU CALL IT? GOURMET SPECIALTY GROCERY STORE.

IS THERE ANY WAY IN YOUR, IN YOUR, UM, WORDING WITHOUT, UH, GOING DOWN, UH, A RABBIT HOLE WHERE THERE'S A, UM, WE CAN INCLUDE SOMETHING THAT WOULD AVOID A CERTAIN KIND OF GROCERY STORE THAT WE DON'T WANNA ATTRACT THERE.

NOW, I UNDERSTAND, BASED ON THE LOCATION, BASED ON THE SIZE OF IT, WE'RE ALREADY ELIMINATING SOME OF THOSE.

BUT I THINK THE CONCERN FOR, UH, LINCOLN ROAD AND, AND, AND, AND IT'S VALID.

I MEAN, WE'RE TRYING TO DEVELOP WASHINGTON AND LINCOLN ROAD TO GO INTO A POSITIVE DIRECTION.

UM, SO WITHOUT PENALIZING YOUR CLIENT, UM, THERE'S GOTTA BE A WAY THAT WE CAN WORD SOMETHING WHERE WE AVOID THE TYPES OF TENANTS THAT THE, THE LINCOLN ROAD WANT TO WITHOUT, WITH KEEPING ABROAD.

UH, YOU KNOW, I WOULD, WHAT I WOULD HAVE TO DO IS, UH, OF COURSE, REMEMBER, THE OTHER THING IS IT WOULD BE CONDITIONAL USE.

SO WE'LL COME BACK TO YOU, YOU'D BE ABLE TO LOOK AT THOSE IMPACTS, THE CONCENTRATION, THINGS OF THAT SORT.

UH, BETWEEN NOW AND THIS GOING TO THE CITY COMMISSION, WE'D BE WILLING TO, IF, IF THIS BOARD RECOMMENDS WE DO SOMETHING TO, UH, SORT OF FURTHER DEFINE I MM-HMM, AGAIN, I WOULD SUGGEST THAT CHANGE IN DEFINITION SHOULD BE IN THE CITY CODE FOR THE GROCERY STORE PROVISION.

BUT WE COULD, BETWEEN NOW AND GOING TO THE CITY COMMISSION, TAKE A LOOK AT LANGUAGE, IF THAT IS YOUR WISH,

[01:05:01]

UH, WHICH WOULD SORT OF FURTHER DEFINE IT.

BUT I'D REALLY, I AM CONCERNED, YOU KNOW, ABOUT, ABOUT GOING DOWN IN THAT DIRECTION.

AND THE OTHER THING, BY THE WAY, UH, AND I KNOW THE COMMENT WAS MADE THAT, WELL, WHEN, IF YOU HAVE A TENANT COME IN AND THEN GO FOR THE CHANGE, THAT'S REALLY NOT FAIR EITHER.

BECAUSE REMEMBER, WHAT WE WOULD HAVE TO DO IS TWO THINGS.

LET'S SAY A TENANT WANTS TO GO TO LINCOLN ROAD TODAY, A RESTAURANT, UH, THEY MAY NOT NEED TO GO TO ANY CITY BOARD.

IF THEY CHANGE THE FACADE THEY NEED GO TO THE HISTORIC PRESERVATION BOARD.

IF THEY'RE OVER 300, THEY NEED TO GET A CONDITIONAL USE PERMIT.

BUT THE USE IS ALLOWED.

SO, YOU KNOW, WHEN YOU'RE DEALING WITH A POTENTIAL TENANT, THAT USE IS ALLOWED.

THIS IS THE PROCESS.

WE DON'T, WE ARE NOT IN THAT POSITION TODAY WITH A GROCERY STORE.

WE WOULD HAVE TO TELL A POTENTIAL GROCER USE IS NOT ALLOWED.

WE HAVE TO GO THROUGH A LENGTHY PROCESS TO CHANGE THAT USE.

AND THEN YOU HAVE TO GO THROUGH A PROCESS TO GET BOARD APPROVAL FOR IT.

THAT'S A UNFAIR DIS THAT'S UNFAIR IN TERMS OF DISADVANTAGE.

AND NO OTHER, NO OTHER TENANT, UH, LANDLORD ON LINCOLN ROAD HAS TO FACE THAT WITH THE OTHER KIND OF TENANTS THEY HAVE.

YEAH, I THINK SO.

LISTEN, I KNOW AMBASSADOR S HE'S AN AMAZING GUY AND HE'S DONE, HE'S BEEN A GREAT NEIGHBOR.

THERE'S NO QUESTION ABOUT THAT.

AND, AND I UNDERSTAND YOUR CONCERN AS A LAWYER FOR HIM.

I, I DON'T BLAME YOU.

I I'M JUST TRYING TO GET, YOU KNOW, AND I ULTIMATELY, YOU KNOW, WE'RE ALL ONLY, WE'RE RECOMMENDING FAVORABLY OR UNFAVORABLY, BUT, UM, THE QUESTION IS WHAT, YOU KNOW, WHAT TYPE OF GROCERY STORE IS APPROPRIATE THERE? I THINK AT THE END OF THE DAY, THAT'S WHAT IT ALL COMES DOWN TO.

WELL, MR. CHAIR, I MEAN, YOU COULD RECOMMEND, IF I MAY SUGGEST IN FAVOR, BUT WITH AN ADDED RECOMMENDATION, RIGHT? YOU WORK ON REFINING THE DEFINITION OF EITHER GROCERY STORE OR A PARTICULAR KIND OF GROCERY STORE, GOURMET GROCER.

RIGHT? OKAY.

AND, AND EXCLUSIONS AS WELL.

I DON'T THINK WE WANT TO SEE ANYTHING ON WASHINGTON THAT COULD BE A, ANOTHER LAST MILE DELIVERY PLACE LIKE GOPUFF OR SOME OF THOSE OTHER PLACES, BECAUSE IT, I MEAN, THOSE ARE BIG SPACES, BUT I THINK, I MEAN, NICK CAN CHIME IN.

I DON'T KNOW IF YOU CAN EXCLUDE, BUT OBVIOUSLY YOU CAN, YOU CAN DEFINE, YOU CAN WHAT YOU CAN DEFINE, YOU CAN, WELL, THAT'S PART OF IT.

WE YOU CAN SAY WE, YOU CAN'T EXCLUDE BRANDS.

NO, NO, NO, NO, NO.

BUT YOU CAN SAY NO LAST MILE DELIVERY SERVICES OR NO, YOU KNOW, SO, GOT IT.

WHICH, WHICH OVERLOADS THE, THE, I THOUGHT THAT WAS THE NAME OF A STORE.

SORRY.

IT IS, BUT IT'S, BUT, BUT I'M JUST USING THAT AS AN EXAMPLE.

OKAY.

UM, YOU KNOW, YOU CAN, THERE'S, THERE'S THINGS THAT YOU CAN DO THAT CAN DEFINE IT BETTER WITHOUT HAVING A CONVENIENCE STORE.

I DON'T THINK ANYBODY WANTS TO SEE, UM, YOU KNOW, THAT, ESPECIALLY, I THINK WE NEED REAL GROCERY.

YEAH.

SO MAY MAY, YEAH.

AND THEN I'M GONNA, SCOTT, I'M GONNA START WITH YOU AND LET YOU QUESTION WHAT GO AHEAD, MA'AM.

FIRST OF ALL, MATTHEW, WITH YOU, I KNOW YOU WALKED THE PROPERTY, IF YOU COULD JUST INTRODUCE YOURSELF FOR ME.

I'M ALREADY AS WELL, I WAS JUST ON THE PHONE WITH YOU.

OH, IT WAS TERRIBLE TRAFFIC.

.

LET ME BREATHE FOR A SECOND.

OKAY.

NOW, SO YOU'RE ON THE BOARD OF THIS GROUP, BUT YOU'RE ALSO WORK WITH, WITH MR. LINCOLN ROAD? YES.

I, I, UH, FOR LAST AND YOUR NAME, I'M SORRY.

13, 14 YEARS, MARIA STEAD.

GREAT.

GO AHEAD.

AND SO GREAT TOO, UM, YOU KNOW, MAKE YOUR ACQUAINTANCE HERE AND UNDER THESE CIRCUMSTANCES, BUT I JUST AM VERY STRONG.

UH, I'M VERY STRONGLY FOR THIS.

AND I WILL TELL YOU THAT PROPERTY HAS PRESENTED A CHALLENGE WHEN IT COMES TO, LIKE I MENTIONED, WASHINGTON, WE ALL WANT THE SAME THING FOR THE BEACH.

YOU KNOW, I HAVE, UM, BEEN STUDIOUS ABOUT WHAT, YOU KNOW, WE NEED TO BE DOING FOR LINCOLN ROAD, FOR WASHINGTON, DREXEL, ALL THAT.

AND WHEN I TELL YOU THAT, WHEN IT COMES TO THE PROPERTY AND HAVING TO, UM, BRING POSSIBLE TENANTS, OKAY, YOU HAVE TO SECURE THEM.

YOU HAVE TO FIND THEM.

YOU DON'T, THEY DON'T JUST ALL COME, UH, AND, AND KNOW ABOUT THE SPACE.

YOU DON'T EVEN KNOW, MOST PEOPLE THAT ARE ON LINCOLN ROAD HAVE NO IDEA THAT MR. SEJA, PAUL SEJA OWNS A PROPERTY THAT IS A WHOLE CITY BLOCK.

IN FACT, THE FUNNIEST THING, WHEN I SPOKE TO, UM, COMMISSIONER GRECO, OKAY, HE TOLD ME WITH HIS WHOLE, THAT HE DIDN'T KNOW THAT HE HAD, YOU KNOW, PENALIZED HIM BY MAKING THIS VERY IMPORTANT, YOU KNOW, AGENDA OF ORDINANCE, OF TRYING TO, UM, AVOID ANY KIND OF, YOU KNOW, CONVENIENCE STORE, GROCERY STORE ON LINCOLN ROAD.

I GET THAT, YOU KNOW, BUT THIS IS NOT GOING ON LINCOLN ROAD.

LET'S NOT CONFUSE THAT.

AND IN DOING THIS AND MAKING THIS ABOUT THAT, WE'RE AVOIDING THE BIGGER ISSUE, WHICH IS CLEANING UP THE OTHER SIDE OF WHERE THIS PROPERTY PRESENTS, YOU KNOW? AND IT, IT IS BEING PENALIZED FOR SURE.

BECAUSE IF YOU THINK ABOUT IT, WHEN YOU LOOK, THERE'S A PICTURE OF IT.

YOU SEE THE PROPERTY STANDS ALMOST, IT'S A CITY BLOCK, BUT IT'S A VERY LONG, DEEP CITY BLOCK.

AND WE ARE UNABLE TO FIND A, A WAY TO HAVE A TENANT WANT TO COME AND BE IN THAT PROPERTY WHEN IT PRESENTS DEEPEST WITHIN THE PROPERTY.

SO IT WOULDN'T EVEN HAVE

[01:10:01]

AN ENTRANCE ON LINCOLN ROAD.

IT WOULDN'T IN ANY WAY, SHAPE OR FORM BE CONNECTED TO LINCOLN ROAD.

AND WE'RE NOT LOOKING, WE TOOK AWAY THE POSSIBILITY OF CON, UH, A CONVENIENCE STORE.

.

WE TOOK THAT AWAY.

THE LAST TENANT WAS TIMEOUT.

YEAH.

THAT WAS A LOT AND TIME.

THAT WAS TIME.

THAT WAS TWO YEARS AGO.

YES.

THAT WAS TWO YEARS AGO.

AND THE PANDEMIC DIDN'T HELP.

IT'S BEEN EMPTY FOR EMPTY FOR TWO YEARS.

WELL, YES.

AND SO, UM, AND THE OTHER ISSUE TOO IS THAT IT'S IN OUR BEST INTEREST TO FIND THE PERFECT, UH, TENANT FOR THAT SPACE.

AND IT WOULDN'T BE .

SO WE ALREADY TOOK THE CONVENIENCE STORE OUT.

WE ALREADY WENT TO THE BIN, WHICH I'M A PART OF, AND I UNDERSTAND THEIR CONCERNS COMPLETELY.

I'M, I'M A PART OF THE BIN.

AND WE SAID, WHAT DO YOU THINK? OH, LET'S MAKE A LIST OF THE POSSIBLE G YOU KNOW, POSSIBILITIES.

SO WE COULD HAVE THERE.

SO WE'RE, WE'RE WORKING WITH EVERYONE TO TRY TO MAKE THIS RIGHT.

THE ONLY THING I'LL SAY TO THAT IS, YOU'RE RIGHT, BUT THE TENANT YOU BRING IN, IF ONE DAY PAUL SELLS IT AND THEY UHHUH VACATE, UHHUH, WE'VE GOTTA LIVE WITH THIS ORDINANCE.

SO THAT'S ALL YOU HAVE TO, ON THE SAME HAND, IF YOU THINK ABOUT IT, THE COP PROCESS, RIGHT? OKAY, LET'S REALLY LOOK AT WHAT THAT WOULD DO.

BECAUSE IT'S SAYING, OH, WELL, WE CAN'T DO THAT BECAUSE ANYBODY COULD DO ANYTHING.

NO, THE COP PROCESS WOULD PROTECT EVERYONE FROM THAT.

SO, I, I, INSTEAD OF DENYING THIS REQUEST, OR, OR MAKING IT UNFAVORABLE, I JUST WANNA PLEAD TO YOU TO REALLY THINK ABOUT WHAT THE COP WOULD ACTUALLY PROTECT YOU FROM BEFORE YOU SAY NO TO US, WHERE WE COULD NOT EVEN START THE PROCESS WITH THE TENANT.

YEAH.

WE'RE NOT GONNA SAY NO.

THE QUESTION IS WHAT, WHAT IS THE RECOMMENDATION GO ALONG WITH, RIGHT.

'CAUSE EVERYONE'S IN AGREEMENT, I THINK, UH, YES.

THAT WE WANT A GOOD TENANT.

SO, AND BY THE WAY, IT'S GETTING, UM, THERE'S GONNA BE A LOT HAPPENING THERE, SO WE'RE GOING TO NEED IT.

RIGHT? WE ARE, WE'RE WE STAY THERE SINCE YOU'RE SO KNOWLEDGEABLE.

SCOTT, YOU HAVE ANY QUESTIONS OR? YEAH.

UM, I THINK THE IDEA OF A GROCERY STORE IN THAT AREA IS A GREAT IDEA.

MM-HMM.

, I THINK THE NEIGHBORHOOD NEEDS IT.

UM, YOU KNOW, IT SEEMS LIKE THE QUESTION'S GONNA BE, HOW DO WE DESCRIBE A GROCERY STORE? UM, IT'S OBVIOUS WE DON'T WANNA SEE SEVEN 11.

UM, IT CAN'T BODEGAS OR IT CAN'T BECAUSE WE DON'T HAVE CONVENIENCE, LAST MILE THINGS, ANYTHING LIKE THAT.

WE DON'T WANNA SEE THAT.

YOU CAN'T, THE CONVENIENCE STORE IS NOT ON THERE.

AND THE COP PROCESS WILL NOT ALLOW YOU TO, BUT IT'S, YOU KNOW, BE APPLICANTS CAN GET, YOU KNOW, THEY CAN READ AN ORDINANCE AND FIND LOOPHOLES AND THINGS LIKE THAT.

SO, YOU KNOW, WE NEED TO BE CAREFUL, UM, HOW WE GO ABOUT DOING IT.

BUT, BUT BE, BUT THE IDEA IS A GREAT IDEA.

WE TALKED ABOUT A GOURMET, UM, UM, UM, UH, MARKET OR WHATEVER.

I'M, YOU KNOW, AND I THINK WE HEARD, UM, JOHANN MENTION EARLIER, YOU KNOW, THIS WE'RE, WHAT WE'RE TRYING TO DO ON WASHINGTON IS INCENTIVIZE RESIDENTIAL, YOU KNOW, THE PEOPLE THAT LIVE IN THE NEIGHBORHOOD WOULD LOVE A PLACE TO GO TO, TO BUY GROCERIES, UM, AT A REASONABLE PRICE.

YOU KNOW, I'M SURE A LOT OF 'EM WILL GO FOR, YOU KNOW, A A A HIGH END MARKET.

BUT HONESTLY, I, I WOULD LIKE TO SEE A, ANY, UM, GOOD GROCERY STORE THERE, YOU KNOW, OBVIOUSLY IS NOT GONNA GO IN.

UM, OR SOME OF THE BIGGER ONES.

UM, TRADER JOE'S, ALDI, THINGS LIKE THAT.

SOMETHING THAT PEOPLE CAN GO TO, UM, PEOPLE THAT LIVE IN THE NEIGHBORHOOD, THAT WORK IN THE NEIGHBORHOOD IS A GOOD IDEA.

UM, BUT, BUT AGAIN, IT'S HOW WE JUST, IT'S HOW WE, UM, UH, DEFINED GROCERY STORE.

THINK YOUR, YOUR DECISION FOR THAT TODAY IS GOING TO EITHER DELAY THAT FROM HAPPENING OR NOT.

IT WILL.

WELL, WE'LL, WE'LL SEE HOW IT GOES WITH THE BOARD.

BUT I, WE NEED TO, YOU KNOW, I DON'T THINK WE'RE GONNA DO IT TODAY, BUT THERE NEEDS TO BE A DEFINITION.

BUT AGAIN, I, I WOULDN'T WANT TO GET TOO SCRIPT DESCRIPTIVE AND SAY, WELL, YOU HAVE, YOU KNOW, THIS KIND OF SEAFOOD, BUT NOT THAT KIND OF SEAFOOD.

IT GETS, IT, IT CAN GET A LITTLE TRICKY, BUT, BUT CERTAIN THINGS, MAYBE A MINIMUM SQUARE FOOTAGE.

UM, THE CITY HAD SOMETHING IN THEIR STAFF REPORT, UH, LIMITATIONS ON NON-FOOD AND ACCESSORY ITEMS. I'M A HUNDRED PERCENT BEHIND THAT.

UM, AND WE COME UP, COULD COME UP WITH OTHER THINGS, BUT I DON'T WANNA, UM, GET TO THE POINT WHERE THEY'RE, YOU KNOW, WE'RE TELLING THEM, WELL, YOU KNOW, YOU CAN HAVE, UM, RIGHT.

WELL, WE WOULD RECOMMEND THIS KIND OF SERIAL, AND NOT THAT I, YOU KNOW, WE DON'T, WE, THERE'S A MIDDLE GROUND SOMEWHERE.

I AGREE.

AND I THINK WE SHOULD, HAVE YOU TALKED TO MICKEY GRINE BY ANY CHANCE? UH, NO.

I, BUT LAINA, LIKE THEY HAVE IN BRICKLE CA YEAH.

I WILL TELL YOU THAT I'VE GOT, UM, THE OTHER PLANNING BOARD, UH, MEMBER, I, UH, I DON'T KNOW HER NAME RIGHT NOW.

JA.

UH, ANYWAY, SHE'S TRYING TO COME TO LOOK AT THE TIMEOUT SPACE TO SEE FOR A GROCERY STORE, BECAUSE APPARENTLY THEY'RE IN DESPERATE NEED OF IT.

RIGHT.

SO I HAVE A, A ENVISIONING IN THE FUTURE THAT THIS WHOLE CONVERSATION, WHICH IS SO RESPONSIBLE, AND I GET THAT WE HAVE TO DO THIS, IT'S GOING TO BE THE OPPOSITE.

WE'RE GOING TO BE ASKED TO DO SOMETHING.

BECAUSE IF YOU LOOK AT THAT, UM, THERE, YOU'LL SEE THAT, UM, THIS IS THE ONE PROPERTY CLOSE BY THERE WITHIN WALKING DISTANCE, YOU CAN ACTUALLY SUPPORT ANYTHING LIKE THIS.

YEP.

YOU KNOW, I, I, I'M JUST BEING SO COMPLETELY

[01:15:01]

HONEST, AND I JUST WANT YOU TO THINK ABOUT THAT.

I UNDERSTAND MATTHEW, YOU KNOW.

OH, YEAH.

SO, SO I DID MEET WITH THE APPLICANT, UH, MR. KADEN, AND, AND, UH, AND MURRAY IN FRONT OF US HERE, UH, TO, TO VIEW THE SPACE, UH, LAST MONTH.

UH, BEFORE I GIVE MY THOUGHTS, I DO HAVE A QUESTION THAT I JUST, I WROTE DOWN, AND I'VE BEEN THINKING ABOUT THE WHOLE TIME.

UH, YOU STATED, MR. KADEN, THAT, THAT A GROCERY STORE IS PERMITTED BY RIGHT, TODAY AT THE TIMEOUT SPACE AT 1601 DREXEL AVENUE.

UM, AND YOU ALSO SAID THAT YOU STATED THAT, UH, IF YOU COMBINED IT WITH THE OTHER PROPERTY, IT WOULD NOT BE BY, RIGHT? CAN YOU EXPAND ON THAT? 'CAUSE I'M, I'M NOT QUITE UNDERSTANDING WHAT, WHAT THAT, WELL, IF IT WAS, IF, IF IT IS COMBINED WITH THE PROPERTIES THAT FRONT ON WASHINGTON AVENUE AND COM AND REDEVELOPED IN COMBINATION, THEN IT FALLS INTO THE WASHINGTON AVENUE OVERLAY.

UM, I THINK IT'S CALLED THE MIMO OVERLAY.

AND THAT HAS STRICT LIMITATIONS ON GROCERY STORES IN TERM IN INCLUDING, UH, DISTANCES AND SUCH.

SO, UH, WE'RE ACTUALLY, UH, RIGHT NOW WE CAN DO IT AS OF RIGHT ON TIMEOUT MARKET, BUT LOOKING AT THE POTENTIAL REDEVELOPMENT OF THE, THAT PORTION OF THE PROPERTY, UH, COMBINING WITH WASHINGTON AVENUE, IT WOULD PROHIBIT TIMEOUT MARKET, FOR INSTANCE, FROM BEING RECREATED.

SO WE, THAT'S WHY WE ARE INCLUDING THAT.

BUT THE, THE TIMEOUT MARKET BUILDING IS 10, 15 YEARS OLD.

CORRECT.

SOMETHING 10 YEARS OLD OR SO.

NO, YOU'RE CONTEMPLATING DEMOLISHING THAT AND, AND OR, AND OR DEMOLISHING SOME OF THE, NO, NO, A REDEVELOPMENT THAT WOULD, THAT WOULD INCLUDE, UH, THAT PROPERTY MAYBE BUILDING ON TOP OF THE TIMEOUT MARKET, UH, YOU KNOW, BUILDING ADDITIONALLY ON THE, UH, PORTIONS OF FRONT WASHINGTON AVENUE.

OKAY.

AND OVER THE ALLEYWAY THAT EXISTS TODAY, OR, OR POTENTIALLY, YES.

INCLUDING THE ALLEYWAY.

UH, SO I MEAN, I COMPLETELY UNDERSTAND.

THANK YOU FOR THAT EXPLANATION THERE.

'CAUSE THAT IT WAS CONFUSING.

UM, I DO UNDERSTAND THE, THE VIEWPOINT OF THE LINCOLN ROAD BID AND ALL THE GREAT THINGS THAT THEY'RE DOING THERE, INCLUDING THE LARGE, UM, CAPITAL PROJECT THAT'S COMING FORTH AS WELL.

UH, BUT I CAN'T HELP BUT THINK HOW A GROCERY STORE IS COMPLIMENTARY TO WHAT IS GOING ON THERE.

UH, MANY OF THESE RESTAURANTS, WHICH ARE, ARE VERY HIGH END, THEY'RE, THEY'RE FOCUSING MORE ON THE NIGHTTIME USE.

AND WHAT DOES A GROCERY STORE BRING? IT BRINGS FOOT TRAFFIC DURING THE DAYTIME.

AND IF YOU TRAVEL AROUND THE COUNTRY IN MANY URBAN AREAS, WHAT DO YOU FIND IN THEIR, IN THEIR THRIVING URBAN ENVIRONMENTS? YOU FIND GROCERY STORES, UM, YOU KNOW, IT'S NOT GONNA BE A MASS MARKET GROCERY STORE NECESSARILY, BUT YOU DO FIND GROCERY STORES.

SO, SO I, YOU KNOW, I AGREE WITH, WITH, WITH SCOTT, I AGREE WITH SOME OF THE PEOPLE THAT CALLED IN THAT THERE IS A NEED FOR A GROCERY STORE, AND WE'RE NOT GONNA GET A 50,000 SQUARE FOOT SUBURBAN STYLE PUBLIX OR EQUIVALENT HERE.

I DON'T THINK ANYONE UNDERSTAND, UH, YOU KNOW, ANYONE WOULD, WOULD THINK THAT WOULD HAPPEN.

BUT, UM, I THINK THERE SHOULD BE A WAY TO MOVE FORWARD WITH THIS WHILE ALSO ESTABLISHING SOME OF THE GUARDRAILS THAT THE NEIGHBORS ON LINCOLN ROAD ARE OUR CONCERN ABOUT.

UM, I'M CURIOUS WHAT THE NEIGHBORS ON WASHINGTON AVENUE THINK ABOUT THIS.

I SEE WE HAVE THE EXECUTIVE DIRECTOR OF THE BID HERE.

I MEAN, IF YOU DON'T MIND COMING UP AND SHARING YOUR THOUGHTS ON THIS TROY WRIGHT, WASHINGTON AVENUE BUSINESS IMPROVEMENT DISTRICT.

UM, YOU KNOW, THIS IS A TOUGH ONE.

UM, I WOULD HAVE TO DEFER TO MY BOARD, HOWEVER, BASED UPON PREVIOUS CONVERSATIONS, IN ADDITION TO HEARING FROM THE COMMUNITY, OBVIOUSLY THERE IS A NEED FOR A GROCERY STORE.

THERE IS A NEED FOR SOME KIND OF MARKET.

UM, IS THAT THE RIGHT LOCATION? I DON'T KNOW.

UM, BUT WE, WE DEFINITELY ARE IN NEED OF ONE, SO I CAN'T REALLY RESPOND MUCH MORE THAN THAT.

SURE.

UM, AND, AND SO I UNDERSTAND THE CONCERNS THAT LINCOLN ROAD HAS, UM, BECAUSE THEY WANT TO DEFINE A CERTAIN CHARACTER OF PEOPLE ON THE AVENUE, IN ADDITION WITH THE MASS CHANGES THAT WE WOULD LIKE ON WASHINGTON AVENUE.

WE FEEL THE SAME WAY, BUT WHAT DOES THAT LOOK LIKE? AND I THINK THAT'S STILL BEING DEFINED.

YEAH, IT, I, YOU'RE ABSOLUTELY RIGHT.

THIS IS STILL BEING DEFINED AS USE INCENTIVES FOR RESIDENTIAL THAT ARE BEING CONTEMPLATED.

UH, YOU KNOW, I THINK MOST PEOPLE OR ALL PEOPLE EAT FOOD AND NEED TO PURCHASE FOOD FOR GROCERY STORES.

SO I'M NOT QUITE SURE WHAT KIND OF PERSON IT WOULD ATTRACT, BUT A AGAIN, UM, AND I THINK THIS SHOULD MOVE FORWARD WITH PROPER GUARDRAIL SO THAT WE DON'T HAVE A, YOU KNOW, FIRST, LAST MILE TYPE, UH, OF DELIVERY SERVICE THERE.

WE DON'T HAVE A CONVENIENCE STORE THAT SOMEHOW COULD FINAGLE ITS WAY UNDER THE DEFINITION OF GROCERY, UH, WITHOUT BEING TOO DETAILED TO HAVE UNINTENDED

[01:20:01]

CONSEQUENCES.

YEAH, I'M, I'M IN AGREEMENT IN TERMS OF THE UNINTENDED CONSEQUENCES.

I MEAN, I THINK WE'RE ALL SORT OF SAYING THE SAME THING.

WE ALL SHARE A SIMILAR VISION, UH, BUT WE JUST HAVE TO BE SO, ESPECIALLY, SO CAREFUL.

I MEAN, ESPECIALLY IN THAT LOCATION, WHEN YOU GO ONTO THE WASHINGTON SIDE OF IT, I MEAN, THAT'S NOT, THAT'S AN AREA THAT IS IN DESPERATE NEED OF ELEVATION, AND IT REALLY BRINGS DOWN A LOT OF THE AREA AROUND IT.

AND SO IF WE DON'T GET THIS RIGHT, IT WILL JUST CON CONTRIBUTE TO THAT PROBLEM.

AND SO I, I THINK, YOU KNOW, I WOULD, I WOULD LOVE FOR YOU TO CONTINUE WORKING WITH, WITH, UH, THE LINCOLN ROAD BID AND, AND GET IN TOUCH WITH THE WASHINGTON BID, UM, AS WELL TO, TO REALLY COME UP WITH A VISION AND GET EVERYBODY'S BUY-IN AND AGREEMENT.

UM, BECAUSE I THINK, AND, AND LIKE I, I MENTIONED TO DENISE AND THAT, YOU KNOW, NOT NECESSARILY WORRIED ABOUT YOU ALL, AND YOU KNOW, WE ALL KNOW THE CONTRIBUTIONS THAT THE AMBASSADOR AND SENATOR AND, AND YOU TWO, UH, HAVE, HAVE MADE TO THE COMMUNITY.

IT'S JUST WHAT HAPPENS 10 YEARS FROM NOW AND WHAT HAPPENS 20 YEARS FROM NOW.

AND SO, YOU KNOW, ESPECIALLY SINCE THERE'S A CURRENT ORDINANCE IN PLACE THAT WAS PASSED BY THE COMMISSION, SO WE'RE ASKING FOR AN EXCEPTION TO THAT.

UM, AND, AND TO A CARVE OUT FOR THAT.

AND SO IF WE'RE GONNA DO A CARVE OUT FOR THAT, WE NEED TO GET IT RIGHT.

AND SO THAT'S, THAT'S MY THINKING.

I'M, I'M, OBVIOUSLY, I THINK I, I GUESS I, THE WRITING'S ON THE WALL, YOU KNOW, TO PUSH THIS TO, I THINK THE RECOMMENDATION WAS JANUARY.

I DON'T KNOW HOW MUCH TIME YOU ALL WANT, BUT I'M, I'M SUPPORTIVE OF THAT TO HOPEFULLY GET SOME BETTER VERBIAGE TO MAKE SURE WE GET IT RIGHT.

QUESTION, UH, FOR STAFF, IF WE WERE TO APPROVE THIS TODAY, AS THE APPLICANT IS REQUESTING, WOULD THEY HAVE TO THEN COME BACK TO US ONCE A TENANT IS SECURED? THIS YEAH.

YES.

THIS REQUIRES A CONDITIONERS PROCESS.

SO SAME, SAME, THE SAME WITH WHAT HAPPENED WITH A FIVE BELOW.

UM, THAT WAS A CONVENIENCE STORE, BUT THAT WAS APPROVED AS AN EXCEPTION, BUT HAD TO COME BACK BEFORE THE PLANNING BOARD FOR THE FINAL, UM, FOR THE FINAL RIGHT.

GOES COMMISSION FIRST.

THEY WOULD HAVE, RIGHT.

YEAH.

SO PASS, IF THIS, IF THIS IS ADOPTED BY THE CITY COMMISSION, RIGHT? CORRECT.

AND SO WE WILL SEE THIS COME BACK TO THE BORDER, RIGHT? SO IF, IF WE APPROVE THIS, THIS GOES TO THE COMMISSION, THEY WOULD THEN EITHER APPROVE OR, OR DENY WHATEVER IT MIGHT BE.

I ASSUME THAT YOU ALL NEED THIS IN ORDER TO START LOOKING FOR TENANTS BECAUSE WE'RE NOT GONNA DELAY IT.

THEY WON'T GO DOWN THE ROAD.

BUT, BUT IF YOU DON'T SECURE THIS, BUT, AND THEN IF YOU DO SECURE SOMEONE, THEY COME BACK TO US FOR APPROVAL.

EXACTLY.

BUT THE PROBLEM IS MP AT THAT POINT, RIGHT? BUT WE WOULDN'T BE APPROVING THE TENANT.

WE WOULD BE PUTTING CON CONDITION .

RIGHT.

AND IT'S KIND OF TOO LATE AT THAT POINT.

I MEAN, I KNOW WHAT YOU'RE SAYING.

WE CAN PUT SOME RESTRICTIONS, BUT AT THAT POINT, YOU KNOW, I'LL, IF IT'S A, IF IT'S A TENANT THAT IT WAS REALLY NOT THE ONE THAT WE'RE ENVISIONING, SURE, WE CAN REQUIRE THEM TO HAVE SECURITY OUTSIDE.

THEY CAN DENY 24 7, BUT IT'S REALLY MISSING THE POINT.

DENY THE CUP IF THERE'S ENOUGH.

WELL, THAT DOESN'T MEET THE CRITERIA, BUT YOU CAN'T DO IT BASED UPON THE USER.

IF IT WE'RE NOT TENANT, IT WOULD JUST BE, BUT I KNOW YOU HAVE, YOU COME IN FRONT OF AND SAY, TECHNICALLY ACCORDING TO THE, YOU KNOW, LANGUAGE YOU HAVE TO PROVE SINCE YOU'RE PROVE IT, SINCE YOU'RE ON THE BOARD AND YOU'RE ON THE, HAVE YOU GUYS EVER, HAVE YOU SAT TOGETHER, TRIED TO COME TO AN AGREEABLE COMPROMISE ON A DEFINITION? YES.

WE HAVE A LETTER FROM THE BEN THAT ACTUALLY SPECIFICALLY, UM, WAS REQUESTED OF US TO PIGEONHOLE EXACTLY THE KINDS OF, UM, RIGHT.

BUT YOU DON'T WANT THAT.

UM, WE ARE VERY HAPPY TO EVEN DO THAT BECAUSE WHATEVER HAPPENS HERE, WELL, THAT, BUT THAT'S THE WHOLE DISCUSSION HERE IS HOW WE FURTHER DEFINE IT.

SO I'M, I'M, I'M WONDERING, OH, DO YOU MEAN TO DEFINE IT SO, WELL THAT'S, 'CAUSE THAT'S WHAT THEY WANT AND, AND RIGHT.

YOU KNOW, THEY PROBABLY WANT TO DRASTICALLY, WE ONLY WANT THE HIGHEST IN MARKET, AND YOU ARE, WELL, THE REASON, WELL, THAT'S A LITTLE DIFFICULT FOR US, BUT IS THERE A COMPROMISE THAT ON LANGUAGE? I MEAN, 'CAUSE LISTEN, WE'RE GONNA RECOMMEND IT FAVORABLY, BUT MM-HMM.

AGAIN, WE'RE GONNA SAY WE THINK YOU SHOULD FOCUS ON A BETTER DEFINITION OF WHAT A GROCERY STORE IS, MR. CHAIR, SO THAT IT'S, IF I COULD, SO JUST TO MAKE THIS EASY ON Y'ALL, UM, I'VE DONE THIS FOR A REALLY LONG TIME.

I HAVE LEAST LANGUAGE THAT GOES BACK 30 PLUS YEARS FOR GROCERY STORES THAT EXCLUDE WHAT YOU DO NOT WANT AND WHAT YOU DO WANT.

AND THEY CAN BE WORKED AROUND FOR ALL KINDS OF THINGS.

AND IF YOU WOULD ALLOW ME, I'D BE HAPPY TO SHARE THAT WITH YOU SURE.

AND THE CITY, SO Y'ALL CAN KIND OF GET THROUGH IT REALLY QUICKLY.

UM, I THINK THAT WE ARE ALL IN AGREEMENT.

WE DO NOT WANNA SEE ANY KIND OF ACTUAL CONVENIENCE STORES OR ANY KIND OF, YOU KNOW, UH, FIRST LAST MILE TYPE STUFF, WAREHOUSE, I, YOU KNOW, THAT KIND OF THING.

BUT THERE HAVE BEEN CASES, UH, FOR INSTANCE WHERE WINN DIXIE, I THINK THERE WAS A WINN-DIXIE CASE MANY, MANY YEARS AGO WHERE, UH, SOME LANDLORD HAD TRIED TO SAY, OH, YOU CAN'T SELL PAPER GOODS, OR SOMETHING LIKE THAT.

AND THAT CASE

[01:25:01]

WAS IT, OBVIOUSLY WHEN DIXIE LOST, SO I, I, OR I'M SORRY THE LANDLORD LOST.

BUT IF Y'ALL WOULD LET ME SHARE WITH YOU SOME OF THAT LANGUAGE, I, I CAN GIVE YOU WHATEVER YOU LIKE, AND Y'ALL CAN FIGURE IT OUT AND WE CAN BE DONE WITH IT.

I'D LIKE TO CONTINUE THIS.

OKAY.

WELL, WE'D APPRECIATE RECEIVING THAT LANGUAGE.

I KNOW YOU HAVE A LOT OF EXPERIENCE IN THE AREA, AND THE ONLY THING I WOULD SAY IS THE DISTINCTION BETWEEN LEASES, LEASING AND ZONING CERTAIN THINGS.

RIGHT? YOU CAN'T, THAT YOU PUT IN LEASES THAT YOU CAN'T PUT IN ZONING, BUT THIS LANGUAGE WOULD ENCOMPASS THAT PARTICULAR USE.

RIGHT.

SO, AND I THINK THAT'S WHAT YOU'RE LOOKING TO DO.

IS IT NOT? YEAH.

AS, AS LONG AS THE LANGUAGE IS DESCRIPTIVE.

DOESN'T SAY LIKE A NO, NO, NO.

I'LL LISTEN.

YEAH, I'LL JUST GIVE IT TO YOU.

LET Y'ALL FIGURE IT OUT.

, THANK YOU.

I'M JUST, I MAKING THE OFFER.

NO, I APPRECIATE THAT.

I'M JUST MAKING THE OFFER.

NO QUESTION.

SO IF YOU COULD PULL UP THE FLOOR PLATE AGAIN, WHAT'S THE ENTIRE, I GUESS, SPACE THAT, THAT YOU ALL HAVE VACANT THAT YOU'RE LOOKING TO LEASE, AND WHY DO YOU THINK THAT A PUBLIX OR, OR SOMETHING LIKE A PUBLIX WOULDN'T BE ABLE TO FIT IN THERE? WELL, UH, LET RE ANSWER, BUT, WELL, A PUBLIX IS PUBLIXES TODAY ARE 30 TO 60,000 SQUARE FEET.

NONE OF THESE SPACES ARE EVEN APPROACHED THAT.

NO, BUT AGAIN, WHAT'S, WHAT'S THE TOTAL AMOUNT OF SPACE THAT YOU'RE LOOKING TO LEASE IT? I MEAN, IT, IT, IT, IT VARIES DEPENDING UPON THE STATUS OF THE EXISTING TENANTS.

IT COULD BE AS MUCH AS WE'RE SHOWING YOU UP THERE, THE, YOU KNOW, 8,300 FEET IN THE THEATER, UH, THE, UH, UH, THE, THE 10,000 OR SO, UH, FEET IN THE, UH, ON THE WASHINGTON AVENUE SIDE, YOU KNOW, IT'S, UH, BUT, UH, YOU, YOU HAVE TO PLAY WITH THE, THE EXISTING TENANCY EXPIRING LEASES.

BUT THERE ARE THESE AREAS THAT COULD BE AGGREGATED.

THAT'S, IT'S OUT OF OUR, I'M, I'M, I ASSUME THAT YOU ALL HAVE AN IDEA AS TO WHICH TYPE OF TENANCY YOU'RE GOING TO TARGET.

SO WE SURE DO.

BASED, BASED ON HOW THE LEASE EXPIRATIONS ARE LOOKING, WHAT'S THE AMOUNT OF SPACE THAT YOU'RE GONNA GO OUT, OUT WITH SPECIFICALLY, SPECIFICALLY EPICURE, SOMETHING EXACTLY LIKE THAT.

MM-HMM, THAT'S WHERE YOU HAVE TO KEEP IN MIND.

IF THAT'S NOT IN ALIGNMENT WITH WHAT YOU WANT, THEN THAT'S, BUT WHICH WOULD INTO, INTO HOW, HOW MANY SQUARE FEET WE'RE, BECAUSE IF YOU'RE SAYING THE ONLY AMOUNT OF SQUARE, I'LL TELL YOU RIGHT NOW, 3000, THEN FOR THE TIMEOUT SPACE THAT'S BETWEEN 18 TO 20,000 SQUARE FOOT.

THAT'S KIND OF LIKE OUR BIGGEST, UM, UH, WE HAVE A GARAGE THERE TOO.

LET'S NOT FORGET.

SO YOU'D BE LOOKING TO FILL ABOUT 20,000 SQUARE FEET.

IT WOULDN'T TAKE UP THE PARKING, YOU KNOW, SO IT, IT, IT JUST MAKES SENSE.

NO, YOU'RE LOOKING TO FILL UP, UP TO 20,000 SQUARE FEET.

YEAH.

EVENTUALLY.

GIVE OR TAKE.

DON'T QUOTE ME ON THAT.

I'M NOT THE LEASING PERSON FOR THE, BUT YOU KNOW, UH, YEAH, WE, YOU COULD SAY THAT.

WE COULD.

MM-HMM.

, GOT IT.

OKAY.

THANK YOU.

YEAH.

AND MY WIFE WOULD BE VERY HAPPY IF EPICURE EVER CAME BACK.

.

YEAH.

NO KIDDING.

.

GOOD WARNING, THAT ONE.

UM, OKAY.

I HATE TO REPEAT WHAT MY COLLEAGUES HAVE SAID, AND USUALLY I SKIP MY TURN WHEN EVERYTHING HAS BEEN SAID, BUT I JUST THINK THIS IS REALLY IMPORTANT TO GET IT RIGHT BECAUSE, UM, IT IS REFRESHING TO SEE THE CITY MOVING A DIRECTION WHERE THERE'S AN OVERALL VIEW FOR THAT ENTIRE NEIGHBORHOOD TO, UM, UPGRADE.

UM, AND SO WE LIKE WHAT THE COMMISSION IS PUSHING FOR, FOR THE RESIDENTIAL USAGE ON WASHINGTON AND, AND THE UPCOMING, UH, UH, LEASES COMING UP ON LINCOLN ROAD.

UH, I THINK EVERYONE'S ON THE SAME PAGE.

EVERYONE HAS THE SAME VISION RIGHT NOW FOR WHAT THAT SPACE COULD BE, UH, AND WANT IT TO BE.

I JUST DO ALSO UNDERSTAND OF, UH, WANTING TO HAVE A FEW SAFEGUARDS IN PLACE TO JUST MAKE SURE THAT, UH, UH, WE, WE KEEP IT IN THE RIGHT DIRECTION.

I THINK YOU GUYS ARE WELL INTENTIONED, AND THAT'S WHERE WE'RE GOING.

AND I DO UNDERSTAND IT FROM A LEGAL POINT OF VIEW.

WE'VE GOTTA BE CAREFUL WHEN WE START PLAYING, UM, AND ZERO IN ON DETAILS LIKE THAT.

BUT I THINK WE COULD LEAVE IT UP TO THE, UM, THE STAFF HERE TO MAKE SURE THAT WE HAVE, UH, IN OUR, UH, RECOMMENDATION, UM, SOME WORDING THAT WE COULD WELL, I THINK THAT'S WHY, 'CAUSE RIGHT NOW WE HAVE NO LANGUAGE, SO THAT'S WHY WE'RE RECOMMENDING A CONTINUANCE, RIGHT.

UM, SO THAT WE CAN, SO THAT LANGUAGE CAN BE DEVELOPED AND WE'RE, THAT'S WHY WE PUT ON THE ONUS OF THE APPLICANT TO PROVIDE US WITH LANGUAGE SO WE CAN SEE IF IT, IF IT MEETS THEIR VISION VERSUS HAVING TO IMPOSE SOMETHING ON THEM.

SO WE'RE SUGGESTING THAT THEY COME UP WITH SOME LANGUAGE THAT WORKS FOR THEM FOR US TO REVIEW AND FOR THE BOARD TO REVIEW.

CAN YOU DO THAT? I DON'T HAVE A PROBLEM WITH THAT, BECAUSE WHAT WE WOULD DO, WHAT WE WOULD DO, UH, NEESON, IS WE WOULD PASS IT ON FAVORABLY AND PUT A NOTATION THAT, YOU KNOW, WE'VE ASKED YOU ALL TO COME UP WITH A, A, A MORE CLEAR DEFINITION OF, OF WHAT YOU ENVISION.

AND I, AND I'M ASSUMING THAT THAT COULD BE PRESENTED TO THE COMMISSION.

YEAH.

IF THE BOARD WANTS TO DO THAT, YOU COULD REQUEST THAT BETWEEN NOW AND THE, BY THE CITY COMMISSION THAT, UM, ADDITIONAL LANGUAGE BE PUT IN PLACE SPECIFICALLY FOR THIS AREA.

I THINK AT THIS POINT, FOR A GROCERY STORE WITH NECESSARY MEET THE FOLLOWING ADDITIONAL REGULATIONS OR ADDITIONAL REQUIREMENTS.

I DON'T THINK IT'S AS HARD AS, YOU KNOW, I DON'T THINK IT'S AS HARD AS, AS IT SEEMS TO BE.

I, I THINK THIS FOR ZONING FOR THIS PARTICULAR PROPERTY IS YOU'VE GOTTA HAVE THAT FOR,

[01:30:01]

TO, TO BE ABLE TO DO WHAT YOU WANT TO DO.

I ALSO WANNA INVITE TO COME AND WALK IN AND OTHERS .

I CAN LOOK AT THE SITE PLAN.

.

YEAH, NO, WHAT I MEAN IS HOW IT PRESENTS SO THAT YOU CAN SEE, UM, HOW PRETTY FAR THERE IT'S FROM LINKEDIN MODE AND ACTUALLY WHAT IS BEING ACTIVATED RIGHT AROUND US IS, UM, UH, ALLOWED.

SO THAT'S WHY I'M SORT OF, I THINK IT'S GONNA BE GREAT.

ALL THE CHANGES THAT ARE COMING, MR. LUNO, WE, WE, WE WELCOME YOUR LANGUAGE.

YES.

UH, AND, UH, WE WILL, I THINK OUR THRUST THOUGH WOULD BE TO TRY TO KEEP IT, UH, FAIRLY SIMPLE AND NOT TOO DENSE WHERE YOU'RE, YOU, YOU KNOW, UH, YOU'RE OVER, YOU'RE OVERLY PRESCRIPTIVE.

WE'RE NOT SUGGEST THAT EITHER.

BUT I DO THINK THAT WHAT I DON'T WANNA HAVE HAPPEN IS THAT, 'CAUSE YOU KNOW, THE, THE, THE COMMISSION IS RELYING ON YOU TO PROVIDE A RECOMMENDATION, AND WE DON'T HAVE THIS LANGUAGE DEVELOPED YET.

SO I COULD DELAY THINGS IF THE SCO IS COMMISSIONED AND THEY SEND IT BACK TO THE PLANNING BOARD TO REVIEW THE LANGUAGE.

SO I DO THINK SINCE THERE IS NO TENANT IDENTIFIED, IT'S WISE TO CONTINUE THIS APPLICATION YEP.

TO JANUARY, DEVELOP THE LANGUAGE.

YEP.

THAT WAY THE BOARD HAS WEIGHED IN AND PROVIDED RECOMMENDATION ON THE LANGUAGE, BE SUPPORTIVE OR NOT.

COULDN'T YOU ALL DEVELOP THE LANGUAGE BETWEEN NOW AND LET'S SAY YEAH, BECAUSE NEXT MEETING, COULDN'T WE, IT'S MORE DIFFICULT THAN THAT.

IN OTHER WORDS, UNLESS, I MEAN, ARE YOU, IS PUTTING THIS TO JANUARY AND ONEROUS FOR YOU, OR WELL, WE CAN LOOK, THEY ARE ACTIVELY DEALING WITH POTENTIAL TENANTS, RIGHT.

SO YOU NEED, WE CAN COME UP WITH LANGUAGE IN A FEW DAYS.

YEAH.

I HATE TO, I HATE TO MAKE THEM WAIT ANOTHER THREE MONTHS FOR, YOU WANNA CONTINUE UNTIL NOVEMBER? WE CAN CONTINUE UNTIL NOVEMBER.

RIGHT.

IF WE CAN GET NEXT MONTH, YOU WANNA CONTINUE UNTIL NOVEMBER, WE CAN CONTINUE UNTIL NOVEMBER 26TH.

WOULD THAT BE FINE WITH YOU? THAT WOULD BETTER.

ONE MONTH AND THEN YOU ALL TRY TO COME UP.

YES.

YOU UNDERSTAND.

WHATEVER.

ABSOLUTELY.

I THINK EVERYBODY WANTS THE SAME THING.

IT'S JUST, BUT I UNDERSTAND PRESCRIPTION IT TOO MUCH COULD BE VERY DETRIMENTAL TO THE VALUE.

I I GET ALL THAT.

THERE'S GOTTA BE A COMPROMISE WHERE WE CAN, YOU KNOW, ACCOMPLISH WHAT I THINK YOU ALL ENVISION.

RIGHT.

BUT THEY'RE JUST SCARED THAT YOU MAY BE NOT ENVISIONING THAT AND THAT THERE'LL BE A BAIT AND SWITCH.

THAT'S THE ONLY THING I CAN THINK OF.

THEY DON'T WANT, YOU KNOW, IT'S NOT NECESSARILY THEM AS WHOEVER COMES AFTER IT.

CORRECT.

CORRECT.

CORRECT.

BECAUSE WHOEVER IT'S GOT THAT, THAT ORDINANCE, UNLESS IT'S CHANGE AGAIN, HAS TO LIVE WITH, YOU KNOW.

YEAH.

UM, BUT WE WANT, THE PROPERTY SHOULD PROBABLY DO THE SAME WITH RETAIL MERCHANTS ON LINCOLN ROAD.

IF, IF THAT'S YOUR CONCERN, IF THAT IS THE CONCERN OF LINCOLN ROAD, THEY SHOULD DO IT WITH THE RETAIL MERCHANTS BECAUSE THAT CAN REALLY GO, AS YOU'VE SEEN.

RIGHT.

VERY OFF TRACK.

MORE SO OFF TRACK.

ALL RIGHT.

SO THEN LET'S MOVE IN A MONTH AND, UM, AND 'CAUSE WE WANT YOU TO BE SUCCESSFUL, BELIEVE ME, AND WE WANT, YOU KNOW, WE WANT YOU TO HAVE A GREAT TENANT AND SO IS IT, WE'LL DO THAT MOTION.

THANK YOU.

ALL RIGHT.

SO MOVE TO MOVE MOTION.

MOTION TO, UH, TO CONTINUE THIS ITEM TO NEXT MONTH'S MEETING.

AND THE PURPOSE IS TO GIVE YOU MAYBE A MONTH TO COME UP WITH WHAT, WHAT EVERYONE CAN, THAT YOU ARE HAPPY WITH, THEY'RE HAPPY WITH, AND YEAH.

WOULD LANGUAGE THAT'LL JUST SOME FURTHER DEFINING LANGUAGE IN TERMS OF I SECOND THAT GROCER OR, OR, OR PARTICULAR GROCER? ELIZABETH.

I'LL SECOND THAT.

OKAY.

ALL FAVOR, ELIZABETH WILL GIVE US HER, UH, FAVOR.

YES.

I'LL BE HAPPY TO.

ANYONE OPPOSED? OKAY.

PASSES.

THANKS SO MUCH.

THANK YOU.

THANK YOU.

AND THANKS FOR YOUR PASSION.

REALLY, REALLY APPRECIATE YOU ALL COMING IN TO SPEAK TO US.

OKAY, NOW WE

[7. PB24-0695. Washington Avenue Residential Use Incentive – Comprehensive Plan Amendment. ]

[8. PB24-0696. Washington Avenue Residential Use Incentives – Land Development Regulations Amendments.]

ARE ON, OH, ASKING FOR LUNCH ALREADY.

UM, WE ARE NOW ON ITEM WHAT WAS SEVEN? SO IT'S, UH, PLANNING BOARD FILED 24 0 6 9 5 WASHINGTON AVENUE RESIDENTIAL USE SINCE I GUESS THEY'RE BOTH COMPANION.

YEAH, WE'RE GONNA TAKE THE NEXT ITEMS TOGETHER.

OKAY.

SO PLANNING BOARD FILE OH 6 9 5 AND OH 6 9 6 WASHINGTON AVENUE RESIDENTIAL USE INCENTIVES, COMPREHENSIVE PLAN AND LAND DEVELOPMENT, MICHAEL.

SURE.

SO JUST, UM, THIS HAS SOME COMPLICATED HISTORY AND THE, THE BOARD HAS SEEN THIS BEFORE.

SO, UM, AND JUST, JUST SOME BACKGROUND IN TERMS OF THE PROCESS SINCE, SINCE THIS DOES INCLUDE AN FAR INCREASE, THE CITY NOW HAS IN PLACE A SIX STEP PROCESS.

IT'S, UM, THE FIRST STEP IS A, A MEETING BEFORE THE PLANNING BOARD, THEN A COMMUNITY OUTREACH MEETING, A SECOND MEETING, A SECOND MEETING BEFORE THE PLANNING BOARD, CITY COMMISSION REVIEW, ANOTHER OUTREACH MEETING, AND THEN A FINAL REVIEW BY THE CITY COMMISSION.

NOW IN THIS CASE, THE PLANNING BOARD DID REVIEW THIS APPLICATION.

PREVIOUSLY WE DID HAVE A, UH, PUBLIC, UM, COMMUNITY OUTREACH MEETING, AND WE DID PROVIDE THE SUMMARY OF THAT MEETING, WHICH OCCURRED ON JULY 30TH.

I'M SORRY, THAT MEETING WAS ON SEPTEMBER 10TH.

AND ON PAGE 12 OR PAGE 30 OF THE BOARD PACKAGES, WE PROVIDED A SUMMARY OF THE COMMENTS PROVIDED BY THE, UM, THE, THE MEMBERS IN ATTENDANCE.

NOW, SINCE THAT TIME, THE COMMISSION SPONSOR HAS FURTHER REVISED THE PROPOSED FIR INCREASE.

THE PRIOR INCREASE WAS TO, UM, ALLOW UP TO A 3.0 FAR.

THIS CURRENT, UM, DRAFT ALLOWS UP TO A 4.0 FAR.

SO BECAUSE OF THAT, THIS WHOLE PROCESS IS STARTING OVER AGAIN.

SO THIS NOW IS THE FIRST READING AT THE PLANNING BOARD

[01:35:01]

FOR THIS, UM, THESE INCENTIVES.

I'M GONNA GO THROUGH AND OUTLINE THESE INCENTIVES AGAIN.

AND THEN AFTER THIS MEETING, THERE WILL BE A, ANOTHER COMMUNITY OUTREACH MEETING.

AND THIS WILL COME BACK TO THE PLANNING BOARD FOR IN NOVEMBER FOR THE PLANNING BOARD'S FINAL REVIEW AND TRANSMISSION TO THE CITY COMMISSION.

MICHAEL, UH, CAN I ASK A QUESTION ABOUT PROCESS BEFORE YOU START? SURE.

ARE WE REQUIRED TO CONTINUE THIS ITEM? YES.

OKAY.

YES.

THIS, THIS NOW IS, AND THAT'S WHY WE, WE HAVE ALREADY SCHEDULED THE, UM, THE SECOND OUTREACH MEETING.

AND IN ORDER TO, UH, AVOID DELAYING THIS FURTHER, WE HAVE SCHEDULED THIS FOR THE, THE SECOND READING, UM, NEXT MONTH.

SO WE DO BELIEVE THAT THIS, UM, TIMEFRAME CAN, CAN OCCUR WITHOUT SLOWING THE PROCESS DOWN.

UM, SO AGAIN, WHAT THIS ORDINANCE DOES IS ALLOW FOR, UM, TANGIBLE INCENTIVES FOR NON-TRANSIENT RESIDENTIAL USES ON WASHINGTON AVENUE FROM FROM FIFTH TO 16TH STREET.

NOW, THIS, THIS AREA DOES INCLUDE A VARIETY OF ZONING DISTRICTS, AND I'M GONNA GO THROUGH SOME OF THE CHANGES THAT ARE PROPOSED AS PART OF THOSE DISTRICTS.

NOW, AGAIN, THIS, THESE INCENTIVES WOULD APPLY TO PROJECTS THAT HAVE NON-RESIDENTIAL APARTMENT USES ONLY.

UM, SOME OF THE REQUIREMENTS ARE THAT THEY'RE NON-RESIDENTIAL, THAT NO RESIDENTIAL UNIT SHALL EXCEED 1200 SQUARE FEET IN SIZE.

IT DOES REQUIRE A MINIMUM MICRO MOBILITY COMPONENT WITHIN THE INTERIOR OF THE STRUCTURE ACCESSIBLE BY ALL RESIDENTIAL UNITS.

IT DOES NOT REQUIRE A MINIMUM, UM, LOT SIZE FOR AN ELIGIBLE PROJECT OF NOT LESS THAN 13,000 SQUARE FEET.

NOW, WE DID PROVIDE ON PAGE, UM, SIX OF THE BOARD, UM, PAGE SIX OF THE STAFF REPORT, OR PAGE 24 OF THE BOARD PACKAGES A COMPARISON BETWEEN THE PRIOR APPROVAL AND WHAT'S PROPOSED RIGHT NOW.

UM, THERE HAS BEEN A SORT OF CARVE OUT FOR, UM, A PROPERTY TO, UM, TO, UM, FOR EXAMPLE, THIS, THIS ORDINANCE WOULD ELIMINATE THE MINIMUM OFF STREET PARKING REQUIREMENTS FOR NON-TRANSIENT RESIDENTIAL PROJECTS.

PROVIDE A CAP ON THE NUMBER OF PARKING, ON THE NUMBER OF PARKING SPACES PROVIDED FOR AN ELIGIBLE PROJECT.

HOWEVER, THIS WOULD NOT APPLY, FOR EXAMPLE, TO THE PROPERTY WE JUST SAW LOCATED IN THE CD THREE ZONING DISTRICT THAT HAS PARKING FACILITIES.

WHICH, WHICH THE, THE PRIOR PROPERTY, THE, THE SAAS PROPERTY INCLUDED A PARKING GARAGE THAT WAS APPROVED BY THE CITY PRIOR TO JANUARY 1ST OF, OF, UM, OF THIS YEAR.

IT DOES INCREASE THE MAXIMUM FAR RIGHT NOW, THE CURRENT FAR MAXIMUM IS 2.0 FOR THE CCPS TWO, RM TWO AND CD TWO PROPERTIES, AND WOULD INCREASE THAT FROM 2.0 TO 4.0 FOR THOSE PROPERTIES AND WOULD INCREASE THE FAR FOR CD THREE, THREE CD THREE ZONE PROPERTIES TO 3.25.

IT DOES EXEMPT THE MICRO MOBILITY COMPONENT FROM FAR WITHIN THE BUILDING.

NOW, IN TERMS OF HEIGHT, IT DOES, IT DOES PROVIDE FOR AN INCREASE IN HEIGHT FROM 50 FEET TO 75 FEET.

AND THE CURRENT HEIGHT FOR HOTELS AND TRANSIENT USES WOULD BT WOULD BE DECREASED FROM 75 TO 50 FEET.

NOW, ON TOP OF THAT, IF YOU PROVIDE ADDITIONAL, ADDITIONAL, UM, ADDITIONAL, IF YOU COMPLY WITH ADDITIONAL REQUIREMENTS, YOU COULD GET AN ADDITIONAL 25 FEET IN HEIGHT.

AND THAT'S WITHIN, UM, THE CCPS TWO, RM TWO AND CD TWO ZONE PROPERTIES NOT TO EXCEED A HUNDRED FEET.

NOW, TO GET THAT ADDITIONAL HEIGHT YOU WOULD HAVE TO PROVIDE, UM, YOU WOULD HAVE TO PROHIBIT OFF STREET PARKING EXCEPT FOR THE PROPERTY I MENTIONED EARLIER.

UM, IT WOULD HAVE TO EXCEED THE MINIMUM MICRO MOBILITY REQUIREMENTS AND PARTICIPATE IN A PUBLIC MIC, A PUBLIC MICRO MOBILITY NETWORK.

IT DOES REQUIRE THAT A, UH, IT ACTUALLY DOES ELIMINATE THE MOBILITY FEE FOR PROJECTS THAT THEY GET A BUILDING PERMIT BY SEPTEMBER 1ST, 2032.

AND IT DOES SUNSET THESE INCENTIVES FOR PROJECTS THAT HAVE OBTAINED, OBTAINED A FULL BUILDING PERMIT BY SEPTEMBER 1ST, 2032.

IT DOES ALSO ALLOW FOR ENHANCED PERMITTING PROCESS, UM, FOR THESE TYPES OF PROJECTS.

NOW, SINCE THE FAR INC WAS INCREASED FROM 3.0 TO 4.0, THIS LATEST, UM, PROPOSAL DOES ALSO INCLUDE A, UM, DENSITY INCREASE FROM A PREVIOUS, UH, 100 TO 160 UNITS PER ACRE UP TO 175 UNITS PER ACRE TO ALLOW FOR THAT ADDITIONAL, UM, FAR.

UM, NOW WE ALL RECOMMENDED THAT RECOMMENDING THAT THE BOARD REVIEW AND PROVIDE COMMENT AND CONTINUE THIS, UM, APPLICATION FOR THE LAND DEVELOPMENT REGULATION MODIFICATIONS AND COMPREHENSIVE PLAN AMENDMENTS.

IT'S THE NOVEMBER 26TH MEETING.

IN THE INTERIM, WE'LL HAVE ANOTHER PUBLIC WORKSHOP MEETING AND PROVIDE YOU THE RESULTS OF THAT MEETING AT THE NOVEMBER 26TH MEETING.

WELL, I'LL TURN IT OVER, UM, TO THE BOARD FOR ANY QUESTIONS.

OKAY.

IS THERE ANYONE HERE TO SPEAK ON THIS? SHOULD WE ASK QUESTIONS BEFORE OR, OR YOU WANNA DO PUBLIC COMMENT? I'LL BE HERE IN CASE.

OKAY.

I THINK THIS IS A STEP IN THE RIGHT DIRECTION.

I THINK THIS IS WHAT

[01:40:01]

WE WERE CONCERNED ABOUT PREVIOUSLY.

AND, UH, WASHINGTON AVENUE BUSINESS IMPROVEMENT DISTRICT DEFINITELY SUPPORTS THE IDEA NOW OF DOING SOME GREAT THINGS WITH RESIDENTIAL ON WASHINGTON AVENUE.

THERE WAS, WERE A FEW THINGS IN THERE THAT WE DIDN'T AGREE WITH, BUT I THINK SINCE WE HAVE TO START ALL OVER AGAIN AND BASED UPON THE SUNSHINE MEETING THAT HAPPENED, I THINK NOW WE HAVE A GREAT FOUNDATION TO REALLY START DOING, UH, WHAT WE WOULD LIKE TO DO ON WASHINGTON AVENUE.

THANK YOU.

CAN I ASK SURE.

A QUESTION OF TROY.

WHAT ARE THOSE THINGS THAT YOU HAD AN ISSUE WITH BEFORE THAT HAVE NOW SINCE BEEN RESOLVED? WELL, NUMBER ONE, I MEAN, THE FAR WAS A BIG QUESTION.

UM, AND I THINK THAT THERE WERE CERTAIN PROPERTY, UH, OWNERS WHO, UM, WOULDN'T SELL AND IT WOULD BE TOO DIFFICULT IN THIS MARKET FOR ANYONE TO BUY.

AND SO, ALTHOUGH WE COULD HAVE COME UPON AN AGREEMENT, WE COULD HAVE SAID WHAT WE WANTED FOR THE AVENUE, NO ONE WOULD'VE EVER SOLD THEIR PROPERTY.

UM, I THINK NOW THAT WE CAN GO TO, IF IT'S APPROVED TO A 4.0, IT WILL MAKE A BIG DIFFERENCE.

UM, THE, THE HEIGHT, UH, WILL MAKE A BIG DIFFERENCE.

AND SO THOSE WERE THE, THE BIGGEST THINGS.

AND THERE WERE SOME OTHER LANGUAGE IN THERE REGARDING THE TIMELINES HAVING MORE TO DO WITH NIGHTLIFE, BUT, UM, I THINK THAT WAS THE MAIN CONCERN.

SO YOU, YOU WERE LOOKING FOR A HIGHER FAR? ABSOLUTELY.

THANK YOU.

YEAH.

ANYBODY ELSE? ANYONE ON ZOOM? YES, WE HAVE, UH, DANIEL ERALDO.

DANIEL? YES.

HI, GOOD MORNING.

UH, MEMBERS DANIEL SERATO WITH MIAMI DESIGN PRESERVATION LEAGUE.

UM, SO WE HAVEN'T HAD A CHANCE TO REVIEW THIS LATEST VERSION YET, BUT JUST GOING BACK TO WHAT WE'VE SAID ALL ALONG, IS WE WANNA MAKE SURE THAT THERE ARE MASSING STUDIES, THAT THERE ARE DRAWINGS AND DIAGRAMS TO ENSURE WHATEVER'S DONE IS, UH, SENSITIVE, RESPECTFUL, COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD.

MANY OF YOU KNOW, THE UNFORTUNATE FATE OF THE URBAN PROJECT THERE ACROSS FROM THE HISTORIC POST OFFICE, WHICH THIS BOARD, UH, GRANTED ADDITIONAL, UH, ENTITLEMENTS TO.

AND, UM, NOW IT'S BEEN SITTING THERE FOR SEVERAL YEARS, VACANT AND, UH, MOSQUITO, UH, NEST.

SO WHATEVER WE DO, WE WANNA MAKE SURE IT'S DONE RIGHT.

I DO WANNA CAUTION WHAT WAS SAID BY THE BID HEAD.

YOU KNOW, ANYTIME YOU INCREASE FAR, THE OWNERS JUST PUT THIS SELLING PRICE HIGHER, AND THAT'S JUST HOW ECONOMICS GO.

SO I THINK WE HAVE TO LOOK BIGGER AT WHAT IS THE OVERALL VISION, WHAT WE WANT AS A CITY.

UM, AND HOPEFULLY WITH YOUR SUPPORT, WE'LL MAKE THAT HAPPEN.

THANK YOU.

THANKS DANIEL.

ANYONE ELSE? MICHAEL, WE NO OTHER CALLERS ON ZOOM? OKAY.

SCOTT, QUESTIONS? NO, I MEAN, I, YOU KNOW, I'VE MENTIONED BEFORE, I KNOW THAT THE SUNSHINE MEETING THAT, UH, YOU, YOU'RE REFERRING TO, I MEAN, I, I ATTENDED, UM, OBVIOUSLY, YOU KNOW, UH, INCENTIVIZING RESIDENTIAL IN WASHINGTON WHEN IT WAS GOOD.

UM, I SAW SOME, SOME MASSING STUDIES THAT WERE DONE AND, AND I'M SEEING RATHER LARGE BUILDINGS KIND OF RECTANGULAR SHAPED BOXES.

SO THAT, THAT'S, THAT'S A CONCERN.

I THINK WE, YOU KNOW, I I, THIS IS VERY PRELIMINARY, UM, WE SHOULD MOVE FORWARD, BUT I, I MEAN, AT LEAST PERSONALLY, THAT'S A CONCERN OF MINE MOVING, GOING FORWARD.

BUT, BUT I'M SURE SOME OF THESE THINGS CAN BE, UM, YOU KNOW, DISCUSSED AND MAY THEY MAY BE FURTHER REFINED.

UM, BUT, UM, YOU KNOW, IT, IT, IT'S A POSITIVE DIRECTION TO, TO INCENTIVIZE RESIDENTIAL, BUT IT'S HOW WE GO ABOUT DOING THAT.

MATTHEW, UH, MICHAEL, SO WHAT IS, IF THERE WAS A PARKING REQUIREMENT, UM, AS PART OF THIS OR THERE IS TODAY, WHAT IS THE TYPICAL HEIGHT OF A PARKING PODIUM FOR THESE TYPES OF BUILDINGS? WELL, UM, TYPICALLY IF SOMEONE'S BUILDING PARKING, IT, IT, IT DEPENDS ON THE REQUIREMENT.

UH, TYPICALLY IF YOU'RE NOT, YOU'RE NOT GONNA BUILD MORE THAN A FIVE STORY PARKING GARAGE.

UM, 'CAUSE THEN THE, THE SETBACKS CHANGE.

UM, BUT WE DID PROVIDE MASSING STUDIES IN THIS, IN THIS SET TO THE PLANNING BOARD THAT INCLUDE, UM, THE HEIGHTS WITHOUT A PARKING PEDESTAL.

SO I, WE DO THINK THAT WITH THE, UM, ADDITIONAL FAR THAT'S PROPOSED NOW, ADDITIONAL HEIGHT IS WARRANTED.

BUT MY, BUT MY QUESTION IS, LET'S SAY THAT, UM, A BUILDING WAS BEING BUILT TODAY, RESIDENTIAL, UM, YOU KNOW, AT A, AT A 2.0 FAR THAT'S ALLOWED TODAY AND BUILDING THE REQUIRED PARKING, LET'S SAY ONE SPACE PER PER UNIT, YOU KNOW, HOW, HOW MANY LEVELS OF PARKING WOULD THAT BE? WE HAVE TO TAKE A LOOK AT, WE CAN PROBABLY TAKE A CLOSER LOOK AT THAT FOR NEXT MEETING AND SEE, BASED UPON THE CURRENT REQUIREMENTS, UM, HOW MANY PARKING SPACE WOULD BE REQUIRED AND WHAT THAT WOULD ENTAIL IN TERMS OF A PARKING GARAGE.

BUT REALLY IS SITE SITE SPECIFIC, DEPENDING ON THE, THE NUMBER OF RESIDENTIAL UNITS, UM, AND THE SIZE OF THE LOT.

BUT IT WOULD BE LIKE ONE TO TWO LEVELS PRESUMABLY

[01:45:01]

OF PARKING? CORRECT.

DEPENDING ON THE NUMBER OF, THE NUMBER OF UNITS.

NOW, UM, OF COURSE THE MORE UNITS WE PROVIDE, THE MORE PARKING SPACES THAT WOULD BE REQUIRED UNDER THE, UNDER THE CURRENT CODE REQUIREMENTS.

BUT WHAT WE'RE REVIEWING TODAY, IS THERE ANY, IS THERE ANY REQUIRED PARKING FOR THAT? THERE'S REQUIRED PARKING FOR, UM, FOR LOADING AND FOR STAFF.

SO, UH, WHATEVER THE REQUIRED PARKING IS FOR LOADING, YOU HAVE TO DOUBLE THAT TO ALSO CONSIDER SOME, SOME REQUIRED PARKING ON SITE FOR STAFF THAT MAY BE NEEDED.

BUT IT'S VERY MINIMAL.

IT'S VERY MINIMAL.

VERY MINIMAL.

SO, UH, I THINK THE POINT THAT I'M TRYING TO GET AT IS IF RESIDENTIAL WAS BUILT TODAY IN THE CURRENT ZONING, YOU'D BE REQUIRED TO BUILD PERHAPS 20 TO 30 FEET OF, OF PARKING AT THE GROUND LEVEL? YEAH.

OR MORE DEPENDING ON JUST HOW EFFICIENT THE SITE IS.

YEAH, OF COURSE.

IF YOU HAVE A LARGER SITE, YOU CAN BE MORE EFFICIENT AND DO IT IN FEWER LEVELS.

SO, SO I THINK, YOU KNOW, A HUNDRED FEET, SEVEN 90 FEET, 80 FEET MIGHT BE VERY REASONABLE, UH, FOR US TO CONSIDER.

AND THEN WE TAKE AWAY THAT PARKING THAT WE'RE NOT BUILDING.

SO IF IT'S 20 FEET OF PARKING, TAKE THE A HUNDRED FEET AND SUBTRACT 20 FEET, YOU'RE AT 80 FEET.

AND PRESUMABLY WE COULD STILL WITHIN THAT SAME VOLUME, YOU KNOW, MEET AN FAR OF, OF 3.0 OR, OR SUCH.

UM, YOU KNOW, I ATTENDED SOME OF THESE PUBLIC MEETINGS WITH THE COMMUNITY AND I THINK ONE OF THE BIG CONCERNS ISN'T SO MUCH THE INCREASE IN DENSITY OR THE INCREASE OF FAR, IT'S, IT'S THE HEIGHT, IT'S THE ACTUAL, UH, YOU KNOW, UM, IMPACT THAT YOU HAVE ON THE BUILD ENVIRONMENT WHEN YOU'RE WALKING AROUND.

AND, UM, YOU KNOW, THE, IT'S, IT'S A GOOD IDEA TO INCENTIVIZE MORE RESIDENTIAL AND, UM, I THINK THERE'S A WAY PROBABLY TO THREAD THAT NEEDLE WHERE IT COULD BE DONE WITHOUT, YOU KNOW, GOING SO HIGH THAT IT, THAT IT REALLY IS OUTTA CHARACTER WITH THE REST OF THE NEIGHBORHOOD.

UM, THE, THE OTHER THING IS, UM, YOU KNOW, I THINK THE QUESTION WAS ANSWERED BY, BY THE WASHINGTON AVENUE BID, YOU KNOW, THE, THE INCREASE IN FAR FROM THREE TO FOUR, UH, YOU KNOW, I THINK PROBABLY SURPRISED MANY OF US UP HERE WHEN WE WERE READING THROUGH THERE, SINCE THERE WASN'T NECESSARILY ANY CONTEXT.

UM, BUT, YOU KNOW, WASHINGTON AVENUE HAS A LOT GOING FOR IT.

IT HAS, YOU KNOW, FUTURE TRANSIT LANES AS WELL.

UH, WHICH WOULD, YOU KNOW, WHICH WOULD OR COULD SUPPORT, UH, THIS INCREASE IN, UM, IN PEOPLE LIVING THERE.

SO COULD BE SUPPORTIVE OF IT, BUT I THINK THAT THAT HEIGHT, THE HEIGHT IS WHAT IS ALWAYS, YOU KNOW, THE BIG, THE BIG STICKLER HERE.

AND, UM, YOU KNOW, ANY WAY THAT, THAT I THINK WE CAN HELP MOVE THAT HEIGHT TO A MORE REASONABLE LEVEL, WHETHER IT'S SETBACKS, YOU KNOW, CAN YOU EXPLAIN THE SETBACKS? YEAH, I WAS GONNA SUGGEST THAT, YOU KNOW, THAT'S ANOTHER MECHANISM IS THE SETBACKS.

SO IF YOU HAVE A STREET WALL THAT'S SAY, YOU KNOW, 50 FEET TALL, UM, YOU KNOW, FIVE STORIES AND YOU HAVE THE TOWER FOR THE SETBACK AS YOU EXPERIENCE WALKING DOWN THE STREET, YOU MAY NOT EVEN SEE THAT TOWER.

YOU'RE GONNA BE, YOU KNOW, UM, MORE AWARE OF WHAT'S, WHAT'S, WHAT'S IMMEDIATELY AT THE, AT THE FRONT SETBACK.

SO THAT'S ANOTHER MECHANISM THAT CAN BE USED TO, TO FURTHER, UM, DIMINISH OR MINIMIZE THE, THE HEIGHT.

BUT I WAS THINKING THE OPPOSITE OF THAT, ACTUALLY REDUCING THE REQUIRED SETBACK SO THAT YOUR FLOOR PLATES COULD BE LARGER SO THAT YOU CAN USE THAT ALLOWABLE FAR IN A WAY THAT DOESN'T REQUIRE GOING, UH, TO THAT MAXIMUM HEIGHT.

WELL, GENERALLY RIGHT NOW IN THE COMMERCIAL DISTRICTS, UM, WE DON'T, THE SETBACKS ARE PRETTY MINIMAL ALREADY.

SO I THINK THAT TYPICALLY IF YOU WERE IN A, A RESIDENTIAL DISTRICTS, THAT'S WHEN YOU HAVE THE, THE HIGHER SETBACKS KICK IN, FOR EXAMPLE, WE'LL TALK ABOUT LATER ON THE AGENDA, 1250 WEST AVENUE.

MM-HMM , THAT HAS A, A PRETTY SUBSTANTIAL INCREASE IN SETBACKS ONCE YOU GO ABOVE A PEDESTAL HEIGHT.

HOWEVER, UM, FOR COMMERCIAL DISTRICTS, PROBABLY GOING BACK 10 YEARS AGO, IF YOU WERE DOING A RESIDE RESIDENTIAL PROJECT IN A COMMERCIAL DISTRICT, YOU HAD TO FOLLOW THE RESIDENTIAL SETBACK REQUIREMENTS.

THOSE REQUIREMENTS WERE REMOVED, UM, FIVE TO 10 YEARS AGO.

SO NOW A RESIDENTIAL PROJECT IN A COMMERCIAL DISTRICT TYPICALLY CAN FOLLOW THE COMMERCIAL SETBACK REQUIREMENTS.

SO THAT'S SOMETHING THAT I THINK WE COULD TAKE A LOOK AT.

IF YOU WANT TO, UM, HAVE AN INCREASE IN SETBACKS ABOVE A POINT, OR IF YOU DON'T, IF YOU WANNA HAVE THE BUILDING, YOU KNOW, BE ABLE TO MAX OUT THE, THE SETBACKS, THEN YOU DON'T NEED TO, YOU DON'T NEED, YOU DON'T NEED TO MODIFY THE SETBACK REQUIREMENTS FOR A RESIDENTIAL BUILDING IN A COMMERCIAL DISTRICT.

HOWEVER, YOU ALSO HAVE TO CONSIDER THAT YOU WANNA HAVE LIGHT AND AIR.

SO YOU DON'T WANNA HAVE, UM, A LARGER FLOOR PLATE.

TYPICALLY, IF YOU'RE DOING AN OFFICE BUILDING, YEAH, YOU CAN HAVE A VERY LARGE FLOOR PLATE, BUT THAT FLOOR PLATE MAY NOT WORK FOR A RESIDENTIAL BUILDING WHERE PROBABLY A MORE SLENDER TOWER IS MORE APPROPRIATE.

[01:50:01]

IS THERE ANY WAY WE CAN GET THESE, UH, THESE MASSING STUDIES THAT ARE, YOU KNOW, THAT ARE IN THE STAFF REPORT UP ON THE SCREEN FOR OUR, OUR BENEFIT AND, AND THE VIEWING PUBLIC'S BENEFIT? WE DON'T HAVE, WE DON'T HAVE A PRESENTATION, UM, PREPARED.

SO THERE'S, UM, BUT IT'S IN THE STAFF REPORT.

YEAH.

SO IN THE BACK, IF PJ CAN BRING UP THE STAFF REPORT FOR THIS ITEM, GIVE US A SECOND.

WHILE HE'S DOING THAT, I JUST WANT EVERYONE TO REALIZE THAT THERE THERE'S ALSO A SENSE OF PROVISION OF 2032 FOR ALL THESE INCENTIVES, WHICH I THINK IS IMPORTANT TO NOTE.

I MEAN, LOOK, IT, IT'S, I, I ONLY THE SECOND ONE IN HERE, BUT YOU KNOW, I THINK THIS IS, YOU KNOW, THERE, THERE IS SOME, SOME REALLY GOOD, YOU KNOW, IDEAS BEHIND HERE.

YOU KNOW, WE HAVE A HOUSING SHORTAGE IN THE CITY.

THE POPULATION KEEPS GOING DOWN, THE PRICE OF HOUSING IS INCREASING IN THIS CITY.

SO MORE SUPPLY IS, YOU KNOW, IS A BASIC WAY TO HELP, HELP COMBAT THAT.

BUT JUST LIKE A GROCERY STORE, YOU KNOW, WE NEED TO MAKE SURE THAT WE GET THIS RIGHT HERE.

UM, YOU KNOW, THERE'S BIG POTENTIAL FOR, FOR A BIG CHANGE.

SO.

AND PETER, ARE YOU, ARE YOU ABLE TO BRING UP, THERE WE GO.

THERE WE GO.

IF YOU CAN GO TO, UM, MATTHEW, WHICH PAGE WOULD YOU LIKE TO GO TO FROM THE, WELL, IT STARTS ON, RIGHT, I MEAN, WHAT MICHAEL, WHICH, WHICH EXAMPLE DO YOU THINK IS A, IS A GOOD ONE? THERE'S, YOU KNOW, THERE'S ABOUT FIVE OR SIX DIFFERENT PARCELS I THINK OUTLINED HERE.

LET'S SEE THE PAGES.

IF YOU GO TO PAGE, UM, PAGE 30 OF THAT STAFF REPORT, AND I DUNNO IF IT'S POSSIBLE TO ROTATE IT ALMOST THERE.

YEAH.

SO THIS, THIS IS AN EXAMPLE OF, UM, THE, THE PROPERTY AT 1260 WEST WASHINGTON AVENUE THAT SHOWS A 4.0 FAR AND A HUNDRED FEET IN HEIGHT.

AND THEN THE PRIOR, THE PRIOR, UM, SLIDE BEFORE THIS SHOWS A 4.0 FAR AT, UM, A HEIGHT OF 75 FEET.

ARE THERE ANY OTHER EXAMPLES OF A 4.0 FAR IN? YEAH, WE PROVIDED THIS MIAMI BEACH, UH, UM, CURRENTLY, SO, UM, I, I KNOW IT'S JUST BECAUSE WE, WE DID THIS FOR OUR ANALYSIS FOR 1250.

THE WAVERLY HOTEL HAS AN FAR OF ABOUT 4.2, UM, BUT TYPICALLY THE MAXIMUM CURRENTLY IN THE CITY IS AROUND 3 3 3 0.25.

DOES STAFF HAVE ANY, ANY THOUGHTS ON, ON THIS CHANGE TO THE PROPOSED INCENTIVES? NO, WE, WE FEEL THAT, YOU KNOW, UM, IT FITS IN WITH A DESIRE TO PROVIDE MORE RESIDENTIAL USES ALONG WASHINGTON AVENUE.

AND ULTIMATELY, UM, ANY SORT OF, UM, NEW TOWER OR DEMOLITION WILL REQUIRE REVIEW BY HISTORIC PRESERVATION BOARD.

SO I THINK THAT, AND WE, AND THIS HISTORIC PRESERVATION BOARD HAS APPROVED PROJECTS ALONG WASHINGTON AVENUE THAT DO MAINTAIN THE HISTORIC CHARACTER OF FRONTAGE WHILE ALSO ALLOWING A NEW DEVELOPMENT.

FOR EXAMPLE, THE, THE, THE PROJECT WE SAW EARLIER, THE MOXIE MM-HMM, , UM, THAT THEY RESTORED THE, THE GROUND FLOOR STILL ALLOWED A TOWER, UM, BEHIND THAT AT 75 FEET IN HEIGHT.

SO WE DO THINK THAT THAT, THAT THAT HEIGHT AND, UM, PROVIDES THE FLEXIBILITY.

AND I DO THINK THAT HAVING HIGHER HEIGHT PROVIDES MORE FLEXIBILITY FOR THE, FOR MASSING.

UM, IF YOU HAVE A HIGHER FAR AND HAVE A SQUASHED BUILDING, THEN YOU MAY HAVE MORE, MORE IMPACTS ON CREATING A, A UNIT THAT MAY NOT BE A DESIRABLE RESIDENTIAL UNIT.

I THINK YOU HAVE TO LIMIT THE, UM, THE WIDTH AND, UM, SIZE OF A, A FLOOR PLATE FOR A RESIDENTIAL TOWER VERSUS A, UM, AN OFFICE BUILDING OR SOMETHING OF THAT NATURE.

AND THEN THE OTHER, ONLY OTHER QUESTION I HAVE IS ABOUT THE MICRO MOBILITY COMPONENT.

[01:55:01]

HOW IS THAT GOING TO BE FURTHER DEFINED AND YES.

SO THAT'S ACTUALLY GONNA BE, WE'RE GONNA HAVE, WE'LL BE MODIFYING, UM, OTHER PARTS OF THE CITY CODE TO FURTHER DEFINE WHAT'S PART OF A MICRO MOBILITY NETWORK, AND ALSO TO MAKE SURE IT DOESN'T RUN AFOUL OF OUR PROHIBITION ON, ON SCOOTER RENTALS, WHICH IS IN PLACE RIGHT NOW CITYWIDE.

SO WE, WE WOULD BE MODIFYING, UM, THOSE DEFINITIONS, IF THIS GETS TO THE POINT WHERE, WHERE, UM, IT'S GOING TO BE APPROVED, THERE IS A PLACE TO DO, YOU KNOW, NO PARKING REQUIREMENT AND ACTUALLY INSTITUTING PARKING MAXIMUMS. IT IS SOUTH BEACH.

IT IS ALONG, YOU KNOW, THE HISTORIC, UH, NEIGHBORHOODS ALONG WASHINGTON AND COLLINS AND OCEAN, WHERE YOU DO HAVE THE HIGHEST PERCENTAGE OF PEOPLE TODAY THAT, AND THIS WOULD BE THE FIRST INSTANCE WHERE THE CITY WOULD ACTUALLY FACE PLACE OF PROHIBITION.

YOU KNOW, THE CITY HAS REDUCED PARKING REQUIREMENTS ELSEWHERE IN NORTH BEACH, BUT THE CITY HAS NEVER PROHIBITED SOMEBODY FROM PROVIDING PARKING IN ACCORDANCE WITH PARKING DISTRICT NUMBER ONE.

SO THIS WILL BE THE FIRST, THE FIRST TIME THAT THE CITIES HAS ACTUALLY PROHIBITED, UM, PARKING IN THESE INSTANCES.

AND THAT'S SMART, SMART POLICY IN NORTH BEACH.

A LOT OF THOSE UNITS HAVE TWICE OR EVEN MORE OF THE REQUIRED, THE MINIMUM REQUIRED PARKING.

UM, SO I THINK, YOU KNOW, I, PEOPLE ARE CONCERNED THAT, THAT PEOPLE ARE STILL GONNA BUY A CAR AND LIVE IN THESE UNITS AND PARK ON THE STREET, BUT THAT'S NOT THE REALITY LIKELY OF THE SITUATION HERE.

MATT, YOU DON'T KNOW THAT? I DON'T, I'M SORRY.

YOU DON'T KNOW THAT TO BE TRUE.

WELL, YOU DON'T KNOW THAT TO BE TRUE.

I DON'T, I'M SORRY.

I'M NOT QUITE FOLLOWING JUST WHAT YOU JUST SAID.

YOU DO NOT KNOW THAT THAT'S THE REALITY.

I THINK IF SOMEBODY'S BUYING, IF, IF SOMEBODY'S BUYING INTO A BUILDING UNDERSTANDING THAT THERE IS NO PARKING THERE, THEY, THEY BUY INTO THAT BUILDING WITHOUT UNDERSTANDING.

AND IF PARKING IS NOT READILY AVAILABLE IN THE NEIGHBORHOOD, THEN THAT'S GONNA DISSUADE THEM FROM BUYING THAT, YOU KNOW, BUYING THAT OR LIVING IN THAT UNIT.

SO I DO THINK THAT THAT, UM, THIS IS THE AREA WHERE THAT MICRO MOBILITY COMPONENT, UM, CAN, CAN WORK.

AND WHERE RIGHT NOW, IF YOU LOOK, IF YOU LOOK AT THE MOST BUILDINGS OF FLAMINGO PARK, THERE'S NO PARKING PEOPLE LIMITING 50% OF THE FLOOR AREA RATIO OF THE FLOOR OF THE FIRST FLOOR TO MICRO MOBILITY IS NOT THE HIGHEST AND BEST USE OF, OF A DEVELOPMENT.

UM, BUT I WOULD BE SUPPORTIVE OF REMOVING THE PARKING REQUIREMENT AND LETTING THEM DECIDE WHAT TO DO.

THAT'S ANOTHER GOOD COMMENT.

I THINK, YOU KNOW, WE'RE, WE STILL CAN FINE TUNE, UM, THE MICRO MOBILITY COMPONENT AND WHAT THAT LOOKS LIKE.

I DON'T THINK, I DON'T THINK PROHIBITING ANYTHING.

I DON'T THINK TELLING A OWNER OF A PROPERTY, YOU CANNOT DO THIS OR YOU CANNOT DO THAT.

I DON'T THINK THAT'S THE RIGHT WAY TO GO AT ALL.

SO MAYBE, MAYBE YOU JUST COME, I KNOW WE, I SPOKE TO YOU ABOUT THIS BEFORE, UM, ELIZABETH, YOU HAD A CONCERN WITH LIMITING THE MAXIMUM UNIT SIZE TO 1200 SQUARE FEET.

I THINK THAT THAT NEEDS TO BE RAISED TO 2000 SQUARE FEET.

I THINK THAT, UM, IF WE'RE REALLY SERIOUS ABOUT HAVING FAMILIES LIVE HERE, THAT, UM, WE NEED TO RAISE, WE SHOULDN'T HAVE A CEILING.

WE SHOULD HAVE A FLOOR, AND THAT FLOOR SHOULD BE 650 SQUARE FEET.

I THINK THAT WE SHOULD RAISE THAT TO 2000 SQUARE FEET AND MAKE IT ACTUALLY LIVABLE FOR FAMILIES.

I DON'T THINK 1200 SQUARE FEET IS, I MEAN, I LIVE IN 1200 SQUARE FEET NOW, AND IT'S NOT ENOUGH FOR ME AND MY HUSBAND.

SO I THINK THAT, THAT IF YOU'RE, IF YOU'RE GONNA DO SOMETHING LIKE THAT, YOU NEED TO GET IT RIGHT AND THAT, I THINK THAT THAT WOULD HAVE FAVORABLE APPROVAL WAS, I THINK THE INTENT IN DOING THAT WAS TO AVOID, UH, YOU KNOW, LUXURY.

BUT TWO, IT'S NOT 2000 SQUARE FEET'S NOT GONNA BE LUXURY.

ESPECIALLY NOT WITH, NOT IN SOUTH BEACH AND NOT FOR A FAMILY.

I'M, I SEE WHAT YOU'RE SAYING.

I FEEL LIKE THAT'S ONE OF THESE THINGS THAT SHOULD BE WORKSHOPPED A LITTLE BIT MORE.

AND I AGREE WITH YOU, ELIZABETH.

UM, AND I AGREE WITH THE, YOU KNOW, THE, I, I AGREE THAT THERE SHOULD BE SOME MINIMUM SQUARE FOOTAGE MM-HMM.

, UM, TO MAKE SURE THAT WE'RE NOT, YOU KNOW, CREATING AN ENVIRONMENT THAT'S SORT OF INHUMANE, UM, YOU KNOW, JUST TO LIVE ON SOUTH BEACH.

YEAH.

UM, BUT I THINK THIS IS A IMPORTANT PROPOSAL AND, AND ORDINANCE TO PUSH FORWARD.

UH, WE'VE SEEN THAT, UH, INCENTIVES WORK BY THE AMOUNT OF, UH, OFFICE SPACE THAT WE HAVE COMING TO MIAMI BEACH.

AND, UM, I THINK THIS IS IMPORTANT TO MOVE FORWARD FOR THE FUTURE OF OUR CITY BECAUSE WE NEED THIS HOUSING SPACE.

SO I'M IN FAVOR OF IT.

THE ONLY THING THAT COMES TO MIND IS LIKE ALL THESE NEW RESIDENTS, THEY'RE REALLY GONNA NEED A GROCERY STORE.

.

THAT WAS THE WHOLE POINT.

UM, MM-HMM.

MY TURN.

GOOD.

OKAY.

UM, I THINK THAT WE SHOULD DEFINITELY COMMEND,

[02:00:01]

UH, THE COMMISSION WHO'S PROPOSING THIS BECAUSE AGREE, FOR A LONG TIME, THE PLANNING BOARD HAS BEEN TALKING ABOUT THIS FOR YEARS.

I THINK EVERYONE WHO'S BEEN ON HERE FOR A FEW YEARS, UM, CAN ATTEST TO THAT.

AND WE'VE TRIED TO KIND OF MOVE THE DENSITY AWAY FROM THE WATER KIND OF MORE TOWARDS, YOU KNOW, CENTER OF THE CITY.

UM, SO IT'S, I THINK THIS IS A REALLY IMPORTANT STEP, UH, TOWARDS BRINGING RESIDENTS BACK TO THE BEACH, UM, IN A VERY SMART AND THOUGHTFUL WAY.

MY QUESTION IS ON THE GROUND FLOOR.

SO HOW MUCH RETAIL WOULD BE ALLOWED, UH, TO BE HOUSED ON THE GROUND FLOOR, WHATEVER, WHATEVER COULD FIT IN AFTER YOU FACTOR IN THE REQUIRED MICRO MOBILITY COMPONENT AND ANY SORT OF LOBBY OR STAIRWELLS, YOU CAN HAVE ACCESSORY COMMERCIAL USES ON THE GROUND FLOOR THAT ARE TYPICAL FOR, SO LET, LET'S ASSUME THAT SOMEONE IS TAKING FULL ADVANTAGE OF, YOU KNOW, THE FOUR OH FAR, UM, YOU KNOW, AGAIN, AT LEAST TO ME IT WASN'T TOTALLY CLEAR ABOUT WHAT THE MICRO MOBILITY REQUIREMENTS WOULD BE.

I KNOW YOU SAID THAT HAS TO BE FURTHER DEFINED, BUT I JUST WANNA MAKE SURE THAT WE'RE KIND OF PUTTING, YOU KNOW, THE, UH, THE, I GUESS, YOU KNOW, THE FRAMEWORK IN THERE TO ALLOW FOR RETAIL USE.

BECAUSE I THINK, YOU KNOW, ONCE WE BRING, RIGHT, ONCE WE BRING THE DENSITY AND, AND KIND OF CRITICAL MASS INTO THE AREA, IT'D BE A SHAME TO NOT HAVE THOUGHT THROUGH WHAT THAT RETAIL USE COULD BE, RIGHT? I DON'T ENVISION YOU, YOU WE'RE NOT GONNA HAVE THIS MICRO MOBILITY COMPONENT AS THE STREET FRONT.

THAT'S SOMETHING THAT WOULD BE LIKE WITHIN THE INTERIOR OF THE BUILDING.

CORRECT.

WE STILL HAVE YOU ACTIVE USES ALONG THE STREET, RIGHT? SO I'M MEANING IS THAT JUST GONNA GONNA BE, YOU KNOW, A, A, YOU KNOW, 500 SQUARE FOOT SPACE OR CAN YOU KIND OF HAVE MORE OF A SPACE? 'CAUSE IF ANYTHING I'D, I'D FURTHER PROMOTE THAT RETAIL USE VERSUS THE MICRO MOBILITY.

EVEN THOUGH I THINK THAT THE MICRO MOBILITY ARE IMPORTANT AND IT'S GONNA GO A LONG WAY TOWARDS REDUCING THE, UH, I GUESS, YOU KNOW, DRIVING AND, AND PARKING REQUIREMENTS.

SO I JUST WANNA MAKE SURE WE CAN KIND OF BALANCE BOTH.

UM, OTHER THAN THAT, INCREDIBLY SUPPORTIVE AND YOU HAVE TO HAVE ENOUGH DEPTH TO HAVE VIABLE RETAIL ALSO.

YEAH, FOR SURE.

SO I JUST WANNA MAKE SURE THAT KIND OF AS WE PUSH THIS FORWARD, WE CAN PROACTIVELY THINK ABOUT HOW TO BALANCE BOTH THE RIGHT, YOU KNOW, RETAIL NEEDS.

OBVIOUSLY THE RESIDENTIAL NEEDS, WHICH IS GONNA TOTALLY, IN MY OPINION, START TO CHANGE THE FABRIC OF THE CITY IN A POSITIVE DIRECTION.

UH, WHILE ALSO BALANCING, YOU KNOW, THE MICRO MOBILITY, WHICH I THINK ALL FORWARD LOOKING CITIES ARE STARTING TO INCORPORATE.

I AGREE.

THAT'S IMPORTANT.

'CAUSE I, I JUST, JUST, UM, YOU WOULDN'T WANNA HAVE A LARGE SITE THAT HAS ONLY A RESIDENTIAL BUILDING WITH NO ACTIVE USES ON THE GROUND FLOOR.

CORRECT.

UH, YOU WANNA MAKE SURE THAT YOU HAVE THAT, THAT, UM, COMMERCIAL COMPONENT.

LIKE IF, IF YOU LOOK AT, LET'S SAY, YOU KNOW, DOWNTOWN OR BRICKELL, YOU KNOW, FROM THESE BUILDINGS THAT WERE DONE IN IN THE SEVENTIES, THAT THAT'S REALLY WHAT YOU SAW.

YOU SAW A LOT OF, YOU KNOW, THESE RESIDENTIAL BUILDINGS WHICH HAD NO PLANNING FOR, FOR RETAIL USE.

UM, SO IF, IF WE'RE GONNA DO IT, LET'S DO IT WHERE WE CAN REALLY ACTIVATE THE STREETSCAPE AND, AND THAT GIVES AN ADDITIONAL INCENTIVE FOR THESE PEOPLE TO MOVE IN AND START TO CREATE THAT VIBRANT CITY THAT I THINK WE'RE ALL, YOU KNOW, TRYING TO ACCOMPLISH.

MELISSA, ANYTHING ELSE? UM, I'M SECONDING WHAT SAYS.

I THINK IT'S A FINE BALANCE BETWEEN THE RESIDENTIAL USAGE AND, UM, AND THE RETAIL.

AND TO MAKE THIS, UH, YOU KNOW, A HAPPENING VIBRANT NEIGHBORHOOD, I THINK WE'RE IN THE RIGHT DIRECTION.

SO CONGRATS TO THE COMMISSION FOR PULLING THIS OUT.

AND I, AND I DO, AND I DO THINK THE, THE NEW, UM, FAR HEIGHTS, UM, ARE, UM, PART OF THE TRADE OFF.

I KNOW PEOPLE DON'T LIKE SEEING THE, THESE CHANGES AND WE TEND TO RESIST IT AND A LOT OF RESIDENTS GET SCARED OF IT, BUT, UM, YOU KNOW, SOMETHING'S GOTTA GIVE TO ATTRACT SOME OF THE INVESTMENTS IN THE CITY IN THAT AREA.

JUST A FOLLOW UP IN TERMS OF JUST, I MENTION YOU MENTIONED THE, THE HEIGHT AGAIN.

UM, TYPICALLY WHEN WE HAVE AN FAR OF OVER 3.0 IN THE CITY, THE HEIGHT IS 150 TO 250 FEET.

I MEAN, SORRY, 150 TO 200 FEET IN TERMS OF THE ALLOWING, SO HAVING AN FAR OF 4.0 WITH A HEIGHT OF, YOU KNOW, A HUNDRED FEET, A HUNDRED FEET OR SO IS NOT EXCESSIVE.

VERY REASONABLE.

DOES THAT, DOES THAT, DOES THAT INCLUDE THE EXEMPTION FOR THE MICRO MOBILITY OR IS THAT, IS WELL, THE A HUNDRED FEET, THE, IT'S JUST SEPARATE.

YEAH.

THAT'S A SEPARATE MEASUREMENT.

RIGHT.

OKAY.

THAT'S NOT THAT, THAT, UM, MICRO MOBILITY IS NOT EXEMPT FROM THE HEIGHT.

OKAY.

JUST CHECKING.

ALRIGHT, SO MICHAEL, THERE'S NO ACTION FOR US TO, TO TAKE TODAY? NO.

JUST TO CONTINUE.

NO, THE ONLY ACTION IS TO, UM, PROVIDE ANY COMMENTS AND CONTINUE TO THE NOVEMBER 6TH MEETING.

OKAY.

NOVEMBER 26TH MEETING.

ALRIGHT, WELL, UNLESS ANYONE HAS ANY MORE COMMENTS, LET'S DO THAT.

MAKE A MOTION.

WELL, HANG ON ONE, ONE MORE COMMENT.

AND JUST BECAUSE I KNOW THE SPONSOR IS HERE, WANT TO ACKNOWLEDGE HIM, AND I KNOW HE IS LISTENING TO US, THE MICRO MOBILITY PART EXTREMELY IMPORTANT.

I THINK IT NEEDS TO BE FINE TUNED.

UM, WHETHER

[02:05:01]

IT'S, YOU KNOW, A, A SHARING NETWORK OR IT'S PEOPLE'S PERSONAL DEVICES, MANY PEOPLE, UH, WHO HAVE SCOOTERS AND E-BIKES, YOU KNOW, THEY, THEY KEEP THEM OUTSIDE OR THEY KEEP THEM IN THEIR APARTMENT.

SO I THINK THAT COMPONENT, IF THERE'S GONNA BE ONE STILL HERE, NEEDS TO TAKE INTO ACCOUNT ALSO POTENTIAL PRIVATE OWNERSHIP AS WELL, UH, WHEREVER THAT, THAT MAY BE AS IT FITS INTO HERE.

ALSO, NICK WANTED ME TO LET YOU KNOW, UM, JUST TO CLARIFY, WE DO HAVE MINIMUM UNIT SIZES, YOU KNOW, UM, FOR, FOR APARTMENT UNITS ANYWAY.

SO THAT WOULD, THAT WOULD, THAT WOULD APPLY HERE AS WELL.

AND YOU STILL HAVE TO COMPLY WITH THE, COMPLY WITH THE MINIMUM.

UM, WHAT'S THE MINIMUM USAGE? WHAT'S A MEAN MINIMUM? MINIMUM SQUARE FOOTAGE? MINIMUM OF BE FIVE 50 FOR NEW CONSTRUCTION AND 800 AVERAGE.

OKAY.

I MEAN, THERE, THERE ARE PLENTY OF FAMILIES THAT LIVE IN APARTMENTS, 1200 SQUARE FEET.

I THINK THAT WE REALLY WANT TO INCREASE THAT.

I'M NOT WILLING TO SET A, A MAXIMUM AT ALL.

LIKE, I'M NOT WILLING TO TELL A PROPERTY OWNER, YOU CANNOT HAVE, YOU KNOW, YOU'RE GONNA HAVE TO LIVE IN 1200 SQUARE FEET.

I'VE ALREADY SPOKEN TO ANOTHER SPONSOR AND HE'S SUPPORTIVE OF THE 2000 BECAUSE THAT'S A REAL FAMILY PLACE.

YES.

WE HAVE TO LOOK AT THE, AND EXCUSE ME, MARKET IMPLICATIONS.

EXCUSE ME.

IT'S NOT GONNA BE A, A LUXURY CONDOMINIUM ON THE WATERFRONT.

SO, YEAH, SO I THINK, I THINK AS WE GET TO NEXT MONTH'S MEETING, IF THERE IS A, IF THERE ARE CONSENSUS ON RECOMMENDATIONS, WE CAN PROVIDE THAT AS PART OF THE PLANNING BOARD'S RECOMMENDATIONS.

IF THERE'S NOT A CONSENSUS, WE ALSO CAN PROVIDE ANY SORT OF ADDITIONAL COMMENTS OF THE PLANNING BOARD MEMBERS INDIVIDUALLY HAD AS PART OF THE, UM, ORDINANCES.

ALL RIGHT.

AND WHEN AND WHEN'S THE, UH, WORKSHOP, THE PUBLIC WORKSHOP? UM, LEMME SEE.

JUST LEMME CLARIFY THAT.

JUST A MINUTE.

PRIOR TO NOVEMBER'S MEETING, RIGHT? YES.

LEMME JUST GET THAT, SORRY, I JUST GOT A, SOME PROBLEM WITH MY COMPUTER.

JUST A SECOND, JUST A MINUTE.

JUST WANNA GET THE SEQUENCE.

YEAH, I JUST WANNA ALSO, UM, IT'S IMPORTANT TO MAKE THE PUBLIC AWARE, SO THE PUBLIC WORKSHOP WILL BE ON, UM, NOVEMBER 7TH AT 5:30 PM AND THAT'LL BE VIA ZOOM WITH THAT, WAS THERE A MOTION TO CONTINUE THE, THE, UM, ORDINANCE? ALL RIGHT, SO, SO AFTER THAT WORKSHOP THEN, I CAN'T COME BACK TO THE PLANNING BOARD ON NOVEMBER 26TH IF PLANNING'S GONNA TWEAK THE PROPOSED ORDINANCE OR NO, WE'RE GONNA, IF THERE, IF THE, WE'RE GONNA PROBABLY LOOK INTO FURTHER THE, UM, THE MICRO MOBILITY COMPONENT AND, UM, UM, THE MASSING STUDIES AGAIN.

AND UM, AND THAT'S IT.

OKAY.

AND THEN THE PLANNING BOARD WILL MAKE ITS FINAL RECOMMENDATION.

OKAY.

AND NEXT, MARK ON NOVEMBER 26TH.

RIGHT.

OKAY, GREAT.

ALRIGHT, SO WE WANNA MOVE IT TO NEXT MONTH.

I'LL MAKE A MOTION TO MOVE, UH, THIS ITEM TO NEXT MONTH.

SECOND.

I'LL SECOND IT.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

AND THAT, JUST FOR THE RECORD, THAT'S FOR BOTH ITEMS PB 24 DASH 0 6 9 5 AND PB 24 DASH 0 6 96? CORRECT.

OKAY.

THE

[10. PB24-0670 a.k.a. PB22-0519, a.k.a. PB0416-0008, f.k.a. File No. 2136. 4041 Collins Avenue - Hotel.]

NEXT ITEM IS UNDER PREVIOUSLY CONTINUED APPLICATIONS PLANNING BOARD FILED 24 0 6 7 0, UH, OH 5 1 9 AND OH 0 0 8 40 41 COLLINS AVENUE HOTEL.

GIMME JUST A SECOND TO FIND THIS REPORT.

THANKS.

YOU CAN JUST READ THAT DESCRIPTION JUST NOW.

THE NEXT SIGN ON THE AGENDAS AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY ISSUED CONDITION USE PERMIT FOR NEIGHBORHOOD IMPACT ESTABLISHMENT WITH ENTERTAINMENT.

SPECIFICALLY, THE APPLICANT IS REQUESTING APPROVAL FOR THE RENOVATION AND RECONFIGURATION OF THE PREVIOUSLY APPROVED VENUES IN THE HOTEL AND THE EXPANSION AND INTRODUCTION OF OUTDOOR ENTERTAINMENT IN SOME OF THE VENUES PURSUANT TO CHAPTER TWO, ARTICLE FIVE, SECTION 2 5 2 OF THE MIAMI BEACH RESILIENCY CODE.

SO IT WAS NOTED IN OUR REPORT, UM, STARTING ON PAGE 105 OF THE BOARD PACKAGES STAFF HAS OUTLINED THE VARIOUS VENUES ON THE SITE.

OKAY, WHAT PAGE MICHAEL 1 0 5, PAGE 1 0 5 OF THE BOARD PACKAGES THIS, THIS APPLICANT IS REQUESTING MODIFICATIONS TO A PREVIOUSLY ISSUED, UM, CUP.

THIS

[02:10:01]

PROPERTY HAS A LONG HISTORY.

UM, MOST RECENTLY THE SWORN PRESERVATION APPROVED, UM, RENOVATIONS TO THE BUILDING, INCLUDING RECONFIGURATION OF THE ENTIRE EXTERIOR PORTION OF THE BUILDING AS IT FACES, UM, THE OCEAN.

AS PART OF THAT, UM, A MODIFICATION, THE APPLICANT IS REQUESTING AN EXPANSION OF THE OCCUPIES PREVIOUSLY APPROVED BY THE BOARD.

NOW, ORIGINALLY THEY WERE, THEY WERE, UM, REQUESTING EXPANSION OF THE ENTERTAINMENT COMPONENT.

CURRENTLY, THE COP ALLOWS FOR ENTERTAINMENT AT AN AMBIENT LEVEL SO THEY CAN HAVE A LIVE BAND OR A DJ, UM, OUTSIDE, BUT NEVER TO EXCEED, UM, AMBIENT LEVELS OR A LEVEL THAT WOULD INTERFERE WITH NORMAL CONVERSATION.

ORIGINALLY, THEY WANTED TO EXPAND UPON THAT THEY HAVE SINCE WITHDRAWN THAT REQUEST.

SO THIS REQUEST ONLY INCLUDES, UM, MODIFICATION OF THE VENUES.

JUST TO CLARIFY WHERE SOME SEATING HAS BEEN MOVED AROUND, OCCUPANCIES HAVE MOVED AROUND AND THEY ARE REQUESTING TO INCREASE THE OVERALL OCCUPANCY.

UM, NOW JUST TO GO THROUGH THE SUMMARY OF OUR, UM, OUR STAFF REPORT.

THE NOTABLE CHANGES START ON PAGE, ON PAGE 1 0 9 OF THE BOARD PACKAGES.

THAT'S WHERE YOU CAN SEE THE PROPOSED, UM, POOL DECK AS WELL AS ON PAGE ONE 10, AN EXPANSION OF AN OUTDOOR VENUE.

NOW, AS I MENTIONED PREVIOUSLY, THE COP THAT WAS PREVIOUSLY APPROVED IS SOMETHING THAT WE WOULD NOT RECOMMEND IN FAVOR OF TODAY, WHICH DOES AUTHORIZE, UM, AMBIENT OUTDOOR MUSIC UP UNTIL 3:00 AM AND THAT'S HOW THEY'VE BEEN OPERATING.

UM, ON PAGE 113 OF THE BOARD PACKAGES, YOU'LL SEE A COMPARISON OF THE PRIOR APPROVAL ON THE UPPER LEFT AND UPPER RIGHT, THE PROPOSED, THE PROPOSED VENUE.

AS IT RELATES TO THE POOL DECK, THE APPLICANT'S REQUESTING AN, AN INCREASE IN OCCUPANCY OF APPROXIMATELY 400 PEOPLE.

THAT'S PART LARGELY DUE TO A, UM, A SOLID COVERING, WHICH COULD BE PLACED OVER ONE OF THE POOLS TO, FOR A LARGER DANCE FLOOR TO EXPAND THAT OCCUPANCY.

SO WE ARE RECOMMENDING THAT THAT NOT BE APPROVED WITHOUT A SPECIAL EVENT PERMIT.

UM, SO WE'RE RECOMMENDING THAT THE APPLICANT MAINTAIN THE CURRENT OCCUPANCY, WHICH IS 1,590 PEOPLE, AND ONLY BE ALLOWED TO INCREASE UP TO THE PROPOSED 2043 PERSONS AS PART OF A SPECIAL EVENT PERMIT ONLY UP TO, UM, EIGHT TIMES PER YEAR.

CURRENTLY, UM, LIKEWISE, THE APPLICANT'S REQUESTING, UM, MODIFICATION OF AN OUTDOOR VENUE SHORT ON THE BOTTOM OF PAGE 113.

PREVIOUSLY, THIS, THIS COMPONENT WAS ONLY INDOORS AND HAD APPROVAL FOR INDOOR ENTERTAINMENT.

NOW THEY'RE PROPOSING AN EXPANSION OF THAT AREA WITH THE CONSTRUCTION OF A NEW OUTDOOR DECK, AND THEY'RE REQUESTING THAT THAT OUTDOOR AREA BE ALLOWED TO HAVE ENTERTAINMENT, UM, LIKE THE REST OF THE SITE.

WE ARE RECOMMENDING THAT FOR THIS, THIS NEW COMPONENT THAT, UM, OUTDOOR ENTERTAINMENT NOT BE PERMITTED ANY INDOOR ENTERTAINMENT BE LIMITED TO THE INDOORS OF THE ESTABLISHMENT.

SO IN SUMMARY, UM, WE ARE RECOMMENDING THAT THERE BE NO EXPANSION OF THE OUTDOOR ENTERTAINMENT VENUES, INCLUDING FOR THE POOL AREA AND FOR WHAT'S CALLED AS THE ANDES LOUNGE OR VENUE NUMBER FIVE, EXCEPT AS MAYBE PERMITTED WITH A SPECIAL EVENT PERMIT UP TO EIGHT PER YEAR THAT WE DID PROVIDE IN STARTING ON PAGE 116 OF THE BOARD PACKAGES A, UM, A RED LINE OR UNDERLINING AND, AND STRIKE THROUGH OF THE PRIOR, UM, CONDITIONS OF APPROVAL AND ANY SORT OF, UM, UM, MODIFICATIONS.

THE ONLY, UM, DISAGREEMENT OR, UM, UM, DISCREPANCY BETWEEN WHAT THE APPLICANT'S PROPOSING WHAT STAFF IS RECOMMENDING IS THE ISSUE OF THE, UM, OCCUPANCY TO GO ABOVE THE, UM, APPROXIMATELY 1600 AT ALL TIMES AS WELL AS TO ALLOW, UM, OUTDOOR ENTERTAINMENT EVEN AT ENT LEVEL FOR THE AREA THEY'RE REFERRING TO AS THE ANDAZ LOUNGE.

I'LL TURN OVER TO THE APPLICANT FOR THEIR PRESENTATION.

GOOD MORNING STILL.

UM, JAVIER ARNO AND NICK NODO WITH THE LAW FIRM OF BILLS AND SUNBURG 1450 BRICKELL AVENUE HERE ON BEHALF OF THE OWNER AND APPLICANT.

UH, JUST I'LL DIVE INTO, JUST TO RESPOND TO MICHAEL'S PRESENTATION.

WE ARE IN AGREEMENT WITH STAFF'S REVISED OR MODIFIED CP.

WE'RE COMFORTABLE WITH THE OCCUPANCY REMAINING AT THE 1590, UM, AND USING SPECIAL EVENT PERMITS TO THE EXTENT THAT, UM, THE OCCUPANCY, UM, EXCEEDS, UH, EXCEEDS THAT.

UH, AS MICHAEL INDICATED, UM, THERE'S ALSO A MODIFICATION TO THE WHAT IS THE ON DAS LOUNGE, UM, THAT INCLUDES AN OUTDOOR COMPONENT THAT WASN'T PREVIOUSLY EXISTING.

UM, WE'RE ALSO COMFORTABLE WITH NOT HAVING ENTERTAINMENT USES IN THAT AREA.

SO WE ARE IN AGREEMENT WITH STAFF'S, UM, REPORT AS PROPOSED WITH ONE MINOR, UM, UH, REQUEST, WHICH ACTUALLY HAS TO DO WITH A TRANSPORTATION RELATED CONDITION.

I'LL LEAVE THAT FOR, FOR, UH, A MOMENT.

IT, IT, IT, OUR REQUEST WOULD

[02:15:01]

BE TO ALLOW US TO WORK WITH, UM, CITY, UH, STAFF, CITY TRANSPORTATION STAFF IN PARTICULAR, TO COME BACK AFTER OPERATION TO REVIEW OUR PROPOSED VALET ATTENDANCE, UM, THAT WILL ALLOW US TO INCORPORATE, UM, AND THIS BOARD HAS CONSIDERED THAT AS RECENTLY AS APRIL OF THIS YEAR IN A DIFFERENT APPLICATION AND INCLUDED THAT AS, UH, A, AS A MODIFIED CONDITION THAT'LL ALLOW US TO, UM, UH, BE ABLE TO, UH, PROVIDE DATA THAT SUBSTANTIATES RIDE SHARE AND OTHER COMPONENTS THAT CAN'T BE, UH, INCLUDED, UM, UH, UNTIL YOU HAVE ACTUAL TRIP GENERATIONS AND UNTIL THE PROPERTY'S ACTUAL OPERATIONAL.

SO THAT WOULD BE OUR REQUEST.

I'LL PROVIDE SOME LANGUAGE.

WE'VE ACTUALLY PROVIDED SOME LANGUAGE TO STAFF.

I THINK THEY MAY HAVE, UH, SOME, SOME THEY MAY HAVE SOME MODIFICATIONS TO THAT LANGUAGE, I'M NOT SURE.

UM, BUT JUST TO DIVE A LITTLE BIT BACK, UM, THIS PROPERTY IS THE CONFIDANT, HISTORIC CONFIDANT HOTEL.

UM, IT'S BEEN OPERATING AS A HYATT FOR SOME TIME.

UM, THE HYATT, IT REMAINS AS THE OPERATOR, BUT WE ARE REPOSITIONING THIS HOTEL AS AN ON DAS, WHICH IS PART OF THE HYATT BRAND.

IT'S A, IT'S A HIGHER END LUXURY COMPONENT OF THE HYATT BRAND.

AND SO WE'RE PARTICULARLY EXCITED ABOUT THIS RENOVATION, WHICH IS ONGOING.

UM, AS STAFF INDICATED, WE DID RECEIVE HISTORIC PRESERVATION BOARD UNANIMOUS APPROVAL FROM THAT BOARD IN 2022, WHICH ALLOWED US TO GO THROUGH THE PERMITTING PROCESS.

AND THE PROPERTY IS UNDER, UNDER THAT RENOVATION CURRENTLY.

IT'S ACTUALLY CLOSED AT THE, AT THE PRESENT MOMENT, ALLOWING FOR THOSE MODIFICATIONS.

UM, THEY'RE BOTH INTERIOR AND EXTERIOR MODIFICATIONS.

UM, THE EXTERIOR MODIFICATIONS ARE REPOSITIONING OF THE POOLS, UM, AND THE POOL DECK AREA AS WELL AS AN EXCITING PIECE, WHICH THERE'S A, A HISTORIC 1940S HOME, OR 1930S HOME, I SHOULD SAY, UM, THAT HAD BEEN PLACED IN ONE LOCATION ON THE PROPERTY.

IT'S BEEN LIFTED AND RELOCATED TO A DIFFERENT PLACE.

UM, WHICH, UH, WHICH WITH THROUGH CONSULTATION WITH THE HISTORIC PRESERVATION BOARD AND AND PLANNING STAFF, IT'S A MUCH, UH, BETTER SUITED LOCATION, UM, FOR BOTH USE AND ENJOYMENT OF THAT, UH, OF THAT HISTORIC HOME.

SO WE'RE, WE'RE QUITE EXCITED.

I'M GOING TO GO THROUGH QUICKLY.

UM, THE, THIS IS THE LOCATION, 40 41 COLLINS AVENUE.

UM, THIS IS THE EXISTING CUP, UM, IT'S COLOR CODED, COLOR COORDINATED.

UM, YOU COULD SEE THAT THESE ARE THE, UH, THE VENUES, THE POOL DECK AREA 1930S HOME IS IN BLUE AND, UH, TOWARDS THE MIDDLE.

UM, THAT WAS ITS PRIOR LOCATION.

UM, THEN YOU HAVE WHAT IS THE, UM, THE TWO OF THE RESTAURANTS.

AND THEN ON THE SECOND FLOOR IS WHAT IS NOW WE REFER TO AS THE S LOUNGE.

UM, IT'S ACTUALLY BEING REPOSITIONED TO A NEW, UM, UH, THAT'S THE NEW ENTRANCE AND LOBBY AREA.

YOU'LL ACTUALLY GO UP, UM, A FLIGHT OF STAIRS AND THAT'LL ALLOW THOSE, UH, FOLKS AS THEY COME IN TO BE ABLE TO ENJOY THE TERRACE AREA AND SEE VIEWS OF THE WATER AS THEY CHECK IN.

THIS IS THE PROPOSED, UM, RE UH, REDISTRIBUTION OF THE, OF THE VENUE SPACES.

SO WE'RE NOT ADDING ANY VENUE SPACES.

THE VENUES REMAIN THE SAME.

THERE'S FIVE AS PART OF THE CURRENT CUP.

THERE'S FIVE AS PART OF THE PROPOSED OR MODIFIED CUP, THE OCCUPANCY AS, AS, UH, MICHAEL, UM, ALLUDED TO, UH, SOME OF THE SPACES ACTUALLY DECREASE IN OCCUPANCY, SOME CHANGE SLIGHTLY, UH, INCREASE WITH, UH, C COUNTS.

UM, AND WE'VE AGREED AS, UH, AS MICHAEL INDICATED TO, UM, TO THE STATUS QUO AS FAR AS OCCUPANCY 1590 AS IS PRESENTLY IN THE CURRENT CUP, YOU'LL SEE THE RELOCATED IN BLUE.

THE RELOCATED HISTORIC HOME NOW HAS A MORE PROMINENT LOCATION TOWARDS THE WATER, WHICH REALLY WILL ALLOW, YOU KNOW, THOSE THAT WALK DOWN, UM, THE, THIS, THE BOARDWALK TO BE ABLE TO VIEW IT AND, AND ENJOY IT.

THIS IS THE, THE ON DAS LOUNGE COMPONENT.

AS YOU CAN SEE, THERE'S THE IN LIGHTER SHADE OF PINK IS THE, IS THE OUTDOOR COMPONENT THAT WE, AS WE HAVE AGREED TO NOT HAVE THE, UH, THE ENTERTAINMENT, UH, COMPONENT TO IT.

UM, WE ARE PARTICULARLY EXCITED ABOUT, UM, ABOUT THIS REPOSITIONING A SIGNIFICANT INVESTMENT HAS BEEN MADE INTO, INTO THAT.

AND SO, UM, WE ARE, UH, WE ACKNOWLEDGE THAT CCPS HAVE, HAVE EVOLVED OVER THE YEARS.

UM, BUT WE HAVE BEEN A GOOD STEWARD OF OUR, UH, OF OUR CUP, UH, OVER THAT TIME.

WE INTEND TO REMAIN THAT WAY.

WE BELIEVE THAT THE, UM, THE, THE ANDAZ COMPONENT OF THIS WILL BRING AN ELEVATED, UM, UH, AN ELEVATED COMPONENT TO THIS AREA AND, UH, AND TO THE USES, UM, AND PATRONS THAT SERVE IT.

I'M GONNA HAVE NOW, UH, JUST GO BRIEFLY.

MICHAEL ALLUDED TO THIS.

THIS IS JUST THE, THE,

[02:20:01]

THE RED LINE VERSION OF THE MODIFIED CUP.

AS YOU CAN SEE IT, THE THREE MEAL RESTAURANT WENT, WENT DOWN SIGNIFICANTLY OCCUPANCY.

UM, AND THE OTHER VENUES HAD SLIGHT MODIFICATIONS.

UM, AND WE, THIS IS THE STAFF'S RECOMMENDED MODIFIED CUP, NOT, NOT OUR ORIGINAL PROPOSED, UM, NUMBERS.

SO YOU'LL SEE THE POOL VENUE HAS AN OCCUPANCY OF 400, WHICH IS WHAT THE, THE STAFF FELT COMFORTABLE WITH.

AND, AND WE'RE, WE'RE FINE WITH THAT AS WELL.

WE'LL, A AVAIL TYPES OF SPECIAL EVENT PERMITS TO THE EXTENT THAT WE INTEND ON EXCEEDING OUR OCCUPANCY.

UM, THE NATURE AND OPERATION OF THIS HOTEL, UM, IS NOT, UM, IS NOT THAT OF, OF, OF, UH, OF, YOU KNOW, UH, AN ENTERTAINMENT IN THE SENSE OF, UH, UH, DJS ALL THE TIME HAVING, UH, PROMOTIONAL EVENTS AND THINGS OF THAT NATURE THAT THAT'S NOT CONSISTENT WITH THE OPERATIONS OF OUR HOTEL.

SO WE'RE COMFORTABLE WITH THE MODIFIED CUP AS IT IS.

UM, AND THEN I'M GONNA HAVE MY MALCOLM GO THROUGH JUST BRIEFLY THE OVERALL DESIGN CHANGES.

'CAUSE I THINK IT'S, I IMPORTANT SO YOU CAN GET A FLAVOR OF WHAT THE, WHAT THE REVISED VENUES ARE.

AND THEN IF WE CAN, WE'LL GO BACK TO OUR, OUR REQUEST FOR A SLIGHT MODIFICATION TO THE, UM, TO THE TRAFFIC, UH, CONDITION TO THE VALET ATTENDANT CONDITION.

MALCOLM, GOOD MORNING.

GOOD MORNING.

UM, MALCOLM BERG, PRESIDENT AND, UH, DESIGN DIRECTOR OF EOA GROUP ARCHITECTURE AND INTERIOR DESIGN FIRM IN, UH, CORAL GABLES.

UM, SO I DON'T THINK YOU WANNA DELVE TOO DEEP INTO THE NARRATIVE OF THE PROJECT, BUT THE NARRATIVE, BASICALLY YOU STARTED WITH THE ACQUIESCE NATURE OF THE LOCATION, THE FACT THAT WE ARE OVER THE OCEAN LOOKING AT THE OCEAN, BUT FRANKLY, THE PROPERTY WAS DEVOID OF ANY RELATIONSHIP TO THE OCEAN.

SO WE WANTED TO BRING SORT OF AN ANTHROPOMORPHIC, SOMEWHAT, UH, BIOMORPHIC RELATIONSHIP BACK INTO THE PROPERTY.

INSERT DOING, BROUGHT THE POOLS MUCH CLOSER TO THE LOBBY IN THE LOBBY LOUNGE.

THE CURRENT SITUATION, AS WAS JUST MENTIONED, AS YOU ENTER THE PROPERTY, YOU HAVE NO IDEA WHERE YOU ARE.

YOU HAVE A LOWER, UH, LOBBY.

WE BROUGHT THAT LOWER LOBBY TO THE SECOND FLOOR, WHICH IS THE ANDAZ LOUNGE.

UM, SO YOU COME IN THROUGH ESSENTIALLY SORT OF A JUMP ENTRY, TAKE THE ELEVATOR STRAIGHT UP, UH, BEAUTIFUL GRAND STAIRS THAT TAKE YOU UP TO THE SECOND FLOOR, GO INTO THE LOUNGE, CHECK IT AT THE LOUNGE, AND THAT LOUNGE TAKES YOU DIRECTLY TO THE OUTDOOR TERRACE.

THAT OUTDOOR TERRACE IS NOW THE COVERING THAT IS CURRENTLY THE RETRACTABLE, UH, ROOF, UH, AT THE, AT THE CONFIDANT.

SO WE'RE REPLACING THE RETRACTABLE BY A SOLID COVER.

THAT SOLID COVER WILL HAVE LITTLE POOLS, UH, THAT BASICALLY LIGHT UP AT NIGHT, THAT ARE ALSO FILTERING LIGHT THROUGH A SKYLIGHT DOWN TO THE LOWER LEVEL.

SO THE DINING ROOM WILL HAVE AN OUTDOOR TERRACE, UH, WITH SKYLIGHTS IN IT, UH, THAT ACT AS BASICALLY IMAGINE THEM AS, AS, AS THE WATER VERSION OF A FIRE, FIRE PIT ON THE SECOND FLOOR.

SO, ALSO IMPORTANT BEFORE WE EVEN GET TO THE GRAPHICS, TO NOTE THAT AS WE'RE TALKING NUMBERS, WE'RE NOT TALKING ABOUT ONE MASSIVE PARTY SPACE.

THAT'S NOT WHAT THIS IS AT ALL.

THERE ARE MANY DISCREET SMALL PORTIONS THAT ARE KIND OF INDEPENDENT, SORT OF TIED SYMBIOTICALLY TO EACH OTHER, BUT NOT, UH, THIS IS NOT A MOSH PIT BY ANY STRETCH OF IMAGINATION.

ALRIGHT, SO GETTING INTO A LITTLE BIT OF THE CONCEPT, THE ACQUIESCE WORLD, UH, BRINGING, UH, UH, THE OCEAN INTO THE PROPERTY.

UH, LOOKING AT THE SITE ITSELF, UM, OBVIOUSLY OCEAN ON THE, ON THE RIGHT HAND SIDE, YOU CAN SEE THE, THE HISTORIC BUILDING, UM, AT THE BOTTOM OF THE PICTURE THAT HAS BEEN MOVED FROM WHERE THIS WAS DOWN TO THIS ZONE OVER HERE ON THE SOUTHEAST CORNER.

THIS UPPER POOL IS NOW FIVE FEET HIGHER THAN THE GRADE USED TO BE.

SO WE'VE ACTUALLY BROUGHT THE, THE EAST POOL STAYS AT THE CURRENT GRADE.

THE CENTER POOL GETS HIGHER TO GET MUCH CLOSER TO THE LEVEL OF THE LOBBY LOUNGE.

SO THE ANDAZ LOUNGE EXTERIOR TERRACE IS ONLY FIVE FEET ABOVE THIS ONE.

SO A REAL BEAUTIFUL, UH, UH, UM, MOMENTS OF HIERARCHY AS YOU GO FROM THE LOUNGE ITSELF TO THE TERRACE TO THE MIDDLE INTERSTITIAL POOL TO THE, TO THE LOWER POOL.

THIS IS NOW, UH, SHOWING, SORRY, IN THE PREVIOUS ONE, DOWN BELOW YOU CAN SEE THE LOWER RESTAURANT TO THE LEFT OF THE UPPER POOL, WHICH IS THIS ONE RIGHT HERE THAT IS BELOW THE TERRACE.

AND THIS IS A LOWER RESTAURANT INTERIOR, LOWER RESTAURANT EXTERIOR.

AS WE GO BACK TO THE UPPER LEVEL, WE HAVE THE ANDAZ LOUNGE HERE, AND THIS IS ALL THE TERRACE WITH THE ANDAZ LOUNGE CONNECTING THE BALCONY WITH A BALLROOM BALCONY, IT WALKS YOU DOWN, AND AT THE END OF THAT TERRACE, YOU STEP DOWN TO THE ACTUAL POOL BAR THAT ACTS AS THE AMBASSADOR BETWEEN ALL THE SPACES, JUST GIVING YOU A BIT OF A LAY OF LAND, THE ENTRANCE, THIS IS THAT, UH, GRAND STEER HISTORIC STEER THAT WE ARE SORT OF REPURPOSING, PUTTING NEW CHANDELIER, NEW MATERIALS ON THE WALL, ADDING AN ELEVATOR AT THE END.

SO VERY INTUITIVE PATH OF TRAVEL.

THAT ELEVATOR TAKES YOU RIGHT UP TO THE ANDAZ LOUNGE ITSELF.

FROM THIS LOUNGE, WE WALK STRAIGHT, I MEAN, THERE'S, THERE'S A BAR AT THE ANDAZ LOUNGE AS WELL.

AND FROM THERE WE GO

[02:25:01]

DIRECTLY OUT TO THE TERRACE.

THE TERRACE WITH A SORT OF A LILY PAD.

WATER FEATURES, I'M NOT SURE YOU CAN SEE THEM.

YEAH.

UM, THAT GET LAID UP AT NIGHT.

BUT YOU CAN SEE THERE ISN'T A LOT OF ROOM FOR ASSEMBLY SPACE.

IT'S REALLY MUCH MORE NEUTRAL AS AN EXTENSION OF THE, UH, OF THE LOBBY LOUNGE.

AS WE WALK PAST, UH, THE, THE LILY PADS, WE GET TO THE END OF THE, UH, OF THE TERRACE LOOKING DOWN ON THAT INTERSTITIAL POOL THAT IS NOW FIVE FEET HIGHER THAN THE GRADE IS TODAY AND BEYOND.

ON THE RIGHT HAND SIDE, YOU START TO SEE THE, UH, THE BAR, AND THEN YOU START TO SEE THE, UH, THE, UH, THE POOL AND THE BAR NEXT TO IT.

AND THIS IS THE LOWER POOL.

SO YOU CAN SEE THE SEPARATION BETWEEN THE LOWER AND THE UPPER POOL.

AGAIN, THIS IS NOT A HUGE PARTY VENUE BY ANY STRETCH OF IMAGINATION.

AND THIS SHOWS THE IMAGE OF THE 1930S RELOCATED HOME, UH, MUCH MORE VISIBLE FROM THE BOARDWALK THAN IT WAS PRESENTLY.

I THINK THAT'S WHERE WE ARE.

THANK YOU MALCOLM.

I NEGLECTED TO ALSO INTRODUCE JUST SOME OTHER MEMBERS THAT ARE HERE.

DAVID HOROWITZ FROM, UH, OWNERSHIP IS HERE, AS WELL AS ADRIAN DEBOWSKI FROM KIMLEY HORN TO ADDRESS ANY TRAFFIC RELATED COMMENTS THAT THERE MAY, THERE MAY BE.

I DO HAVE, UM, THAT LANGUAGE THAT CAN BE DISTRIBUTED.

IT'S CONSISTENT WITH AN APPLICATION THAT, UM, THAT THIS BOARD APPROVED IN APRIL OF THIS YEAR.

UM, AND IT'S CONSISTENT WITH LANGUAGE THAT'S EMBEDDED WITHIN BOTH, UM, OUR TRAFFIC ANALYSIS AS WELL AS, UM, AS THE, THE CITY'S TRAFFIC REVIEW.

UM, SO THAT, WITH THAT, WE WE'RE HERE TO ANSWER ANY QUESTIONS.

I CAN DISTRIBUTE THIS, I'LL GIVE IT TO MICHAEL AND HE CAN DISTRIBUTE IT.

OKAY.

THANKS FOR THE PRESENTATION.

UH, ANYONE ELSE IN THE CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? YES.

WE HAVE ONE CALLER ON ZOOM, DANIEL ERALDO.

HI, DANIEL.

DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.

THANK YOU.

DANIEL ERALDO WITH MIAMI DESIGN PRESERVATION LEAGUE.

I JUST WANTED TO, UM, HIGHLIGHT THIS PROJECT BECAUSE THEY HAVE GONE AND MOVED A PROPERTY, A 1930S SINGLE FAMILY HOME.

THEY'VE ELEVATED IT TO THE NEW FLOOD REQUIREMENT AND MOVED IT ON THE PROPERTY.

AND IF YOU HAVE NOT SEEN IT YET, I URGE YOU TO GO CHECK IT OUT.

THIS IS AN AMAZING EXAMPLE OF WHAT IS POSSIBLE WITH RESILIENCY AND WHEN YOU HAVE DEDICATED OWNERS THAT TAKE CARE OF THEIR PROPERTIES AND DO NOT NEGLECT IT LIKE WAY TOO MANY ALONG THE OCEAN.

SO, JUST WANTED TO CHIME IN AND SAY THANK YOU TO THE OWNERS FOR THEIR RESTORATION AND RENOVATION PROJECT BADIR.

THANK YOU, DANIEL.

UM, REAL QUICK, IS THERE ANY DISCLOSURES, ANY BOARD MEMBERS HAVE TO MAKE ON THIS ONE? NO.

USED TO GO TO BAR MITZVAHS ALL THE TIME AT THIS POINT.

, ANYBODY ELSE? NO.

OKAY.

UM, ALL RIGHT.

SO WE'RE GONNA CLOSE THE PUBLIC.

ANYBODY ELSE ON ZOOM? THERE'S NOBODY ELSE ON ZOOM WITH A HAND RAISED.

OKAY.

SO WE'LL CLOSE THE PUBLIC HEARING.

ANY QUESTIONS FROM ANYBODY? SCOTT, YOU WANNA START? NO, I MEAN, IT, IT, THEY, YOU KNOW, WHATEVER THE CITY RECOMMENDED YOU GUYS ARE, ARE GOING ALONG WITH.

SO, I MEAN, THAT GOES A LONG WAY WITH US, I THINK.

UM, OBVIOUSLY, YOU KNOW, I THINK I READ SOMEWHERE YEARS AGO THERE WAS ONE MINOR NOISE VIOLATION, SO, UM, I'M IN FAVOR.

AND, UM, AND I JUST LOOKED AT THE, I GUESS THE LANGUAGE YOU'RE TALKING ABOUT, THE, THE VALET OPERATOR OR THE NUMBER OF AT ATTENDANTS.

AND, UM, YEAH, I KNOW WE, WE'VE DONE THAT BEFORE WHERE WE, WE DIDN'T REQUIRE IT, I GUESS INITIALLY THERE'S A CERTAIN AMOUNT, BUT IF YOU FIND YOU NEED CORRECT FEWER, THEN WE'RE, WE'RE OKAY WITH THAT.

I'M, I'M IN FAVOR OF, OF ADDING THAT AS WELL.

THANKS, MATTHEW.

BEAUTIFUL PROJECT.

I'VE STAYED THERE PRE-RENOVATION AND, UH, BEAUTIFUL THEN AND CERTAINLY WILL BE EVEN NICER, UH, WHEN IT, WHEN IT OPENS.

UH, I DO HAVE SOME QUESTIONS.

I WAS TRYING TO FIND THE TDN THE TRANSPORTATION DEMAND MANAGEMENT PLAN IN THE PACKET, AND I COULDN'T LOCATE IT.

AND, UH, SO I JUST WANTED TO LEARN MORE ABOUT THAT.

THIS IS A, A, YOU KNOW, LARGE HOTEL, EVEN LARGER HOSPITALITY, UH, TYPE OPERATION WITH HUNDREDS OF EMPLOYEES, THOUSANDS OF GUESTS, AND, AND, AND, YOU KNOW, IT'S, IT'S A PART OF THE CITY WHERE THEY'RE USED TO HAVING THESE BIG TYPE OPERATIONS, BUT IT'S STILL GONNA BE IMPACTFUL AND IT'S NOT EASY FOR A LOT OF THESE EMPLOYEES TO GET TO THE AREA.

SO I WANNA LEARN MORE ABOUT HOW THIS IS GONNA BE, UH, CONTROLLED AND MITIGATED, PLEASE.

SO, AS PART OF THE TRAFFIC STUDY IN ADRIAN DUKOWSKI WITH KIMLEY HORN OFFICES AT TWO ALEJANDRO PLAZA AND CORAL GABLES, UM, WE INCLUDED A WHOLE SERIES OF, UH, TRANSPORTATION DEMAND MANAGEMENT STRATEGIES THAT ARE INCORPORATED INTO THE TRAFFIC

[02:30:01]

STUDY.

THEY SHOULD ALSO BE, UM, PULLED INTO THE TRANSPORTATION MEMORANDUM.

THESE CONSIST OF, UM, HAVING, UH, EMPLOYEE TRANSPORTATION COORDINATOR ROLE, UM, THAT'S ASSIGNED TO A SPECIFIC PERSON, UM, EMPLOYEE AT THE SITE TO, UH, FACILITATE THE ENTIRE PROGRAM.

THERE'S 20 SHORT TERM SECURE BAR, UH, BICYCLE PARKING SPACES THAT ARE PROVIDED.

THE HOTEL CONCIERGE WILL PROVIDE TRANSIT INFORMATION INCLUDING ROUTE SCHEDULE AND MAPS, UM, DEDICATED SCOOTER MOTORCYCLE PARKING WITHIN THE OFFSITE GARAGE, UH, CARPOOL INCENTIVES FOR EMPLOYEES, UH, SUBSIDIZED TRANSIT PASSES FOR EMPLOYEES, UH, 10 RENTAL BIKES.

UM, THEY WILL BE, THOSE RENTAL BIKES WILL BE SERVICED AND WASHED ON A MONTHLY BASIS ON THE SITE, UH, CAR AND VAN POOLING DESIGNATED PARKING SPACES, ALSO IN THAT OFFSITE GARAGE, UH, LOCKERS AND FOR BICYCLISTS TO STORE AND CHANGE CLOTHES AND A SHOWER FACILITY FOR BICYCLISTS TO USE ON SITE.

SO I, I THINK THAT'S GREAT.

AND THESE ARE THE, THE KIND OF, UM, YOU KNOW, ITEMS THAT, THAT CAN HELP MOVE THE NEEDLE.

WE SAW WITH CATCH, THEY PROVIDED SOME GREAT INFORMATION.

THEY FOLLOWED UP, YOU KNOW, AFTER THE OPERATION WAS OPEN AND UNDERWAY.

I THINK AFTER THIS, UM, AFTER THIS, THIS HOTEL AND ALL THE OTHER ASSOCIATED HOSPITALITY VENUES ARE OPEN, WHETHER IT'S, IT'S 90 DAYS, 180 DAYS, WHATEVER THE TIME PERIOD IS, THAT INCLUDES THE SEASON.

YOU KNOW, I'D LIKE TO SEE YOU ALL BACK HERE FOR A PROGRESS REPORT TO TALK ABOUT THE TRANSPORTATION IMPACTS AND THE, UH, THE DIFFERENT STRATEGIES THAT HAVE BEEN OUTLINED IN THE, IN THE, UH, TRANSPORTATION DEMAND MANAGEMENT PORTION OF YOUR OPERATIONS.

I, I, MICHAEL CAN CORRECT ME IF I'M WRONG, BUT I THINK THERE'S ALREADY A REQUIREMENT TO COME BACK AT A SIX MONTH.

I DON'T THINK THAT WAS EXPRESSLY PUT IN BECAUSE THIS IS A MODIFICATION.

SO I DO THINK WE NEED TO EXPRESSLY INCLUDE A TIMEFRAME.

UM, ALSO, JUST SO YOU'RE AWARE NOW, GOING FORWARD IN THE FUTURE THAT THE CITY REQUIRES ON AN ONGOING BASIS, AN ANNUAL BASIS, A PROGRESS REPORT TO THE PLANNING BOARD.

BUT I THINK AT THIS TIME WE, WE SHOULD PUT IN A CONDITION THAT SAYS AFTER THE SITE IS, YOU KNOW, UM, UP AND RUNNING ACCORDING TO THE PLANS APPROVED HEREIN, THAT YOU COME BACK TO THE BOARD FOR PROGRESS REPORT OR ISSUES SUCH AS THE, UM, UM, TRAFFIC VALET AND TDM IS, UM, IS, UM, PROVIDED TO THE BOARD AND FURTHER EVALUATED.

SO I'LL LEAD UP TO THE BOARD OF WHAT TIMEFRAME YOU THINK IS MOST APPROPRIATE TO COME BACK TO THE BOARD FOR THAT PROGRESS REPORT.

AND THEN WITH THAT, I HAVE NO OBJECTION TO THE MODIFIED CONDITION THAT YOU, THAT YOU HAVE IN HERE, UM, WITH THE UNDERSTANDING THAT WE ARE GONNA HAVE A PROGRESS REPORT NOW, YOU KNOW, MAYBE 90 OR 120 DAYS AFTER, UM, OPERATION STARTS.

MATT, DO YOU HAVE A TIMEFRAME IN MIND FOR THAT? AGAIN, I, I THINK IT SHOULD, IT SHOULD, UH, IT SHOULD TAKE INTO ACCOUNT SEASON, YOU KNOW, THE WINTER MONTHS HERE.

LIKE FOR EXAMPLE, WE HAD A PROGRESS REPORT THIS MORNING.

THEY OPENED IN, I THINK MAY, AND THEIR REPORT BASICALLY COVERED THE SLOWEST PART OF THE YEAR.

UM, SO IT'S, IT'S HELPFUL, BUT IT'S NOT THE MOST IMPACTFUL.

SO WHY DON'T WE GO SIX MONTHS FROM NOW THAT IT COULD BE, YEAH, SIX MONTHS.

ALL RIGHT, SIX.

WHEN DO YOU ANTICIPATE OPENING? WE ANTICIPATE FEBRUARY.

OKAY.

SO, SO WE'RE WHAT, NOVEMBER, DECEMBER, JANUARY, FEBRUARY, MARCH, APRIL.

SO THAT WOULD BE, YOU WANNA DO IT TILL MAYBE MAY, I MEAN, I, I THINK I, I HAPPY TO LEAVE THIS, LEAVE THIS UP TO MICHAEL AND HIS TEAM TO FIGURE OUT THE APPROPRIATE TIME TO BRING THEM BACK JUST, AND, AND THAT, AND THAT WOULD BE MY RECOMMENDATION.

WE'RE, WE'RE HAPPY TO COME BEFORE THE BOARD AND GIVE A PROGRESS REPORT.

WHAT WE, THE REASON THE CONDITION IS DRAFTED AS IT IS, WHICH IS ALSO CONSISTENT WITH, YOU KNOW, THE, THE OTHER APPLICATION THAT CAME BEFORE IT IS TO ALLOW STAFF TO NAVIGATE THOSE, THAT ANALYSIS INDEPENDENT OF THE, THE, THE BOARD PROCESS, RIGHT? SO IT DOESN'T MEAN WE WOULDN'T COME BACK BEFORE THE BOARD ADDRESS ANY TRANSPORTATION RELATED ISSUES AND ALSO ADVISE YOU OF OUR ATTENDANT, UM, YOU KNOW, CAPACITY.

UH, BUT I THINK ALLOWING US TO HAVE THAT FLEXIBILITY FROM AN ADMINISTRATIVE LEVEL AND THEN ALLOWING STAFF TO BRING US BACK BEFORE NOT MAKING IT A CONDITION PRECEDENT.

THE THING I DO THINK WE HAVE TO HAVE A, A DATE IN THERE, UM, TO START WITH.

UM, SO I WOULD SAY I WOULD SAY SIX MONTHS.

SIX MONTHS.

OKAY.

UH, SO NOT JUST THE VALET PORTION, WHICH IS IMPORTANT SINCE THERE'S, RIGHT, SINCE THE PARKING IS OFF SITE.

UM, BUT ALSO ALL THE, THE TDM STRATEGIES THAT YOU'VE OUTLINED, UH, WITH RESPECT TO YOUR EMPLOYEES AS WELL.

I THINK THAT'S IMPORTANT TO HAVE INDEPTH INFORMATION TO PROVIDE TO US ON THAT AND TO TAKE A, A REALLY GREAT EFFORT TO, TO HELP, YOU KNOW, HELP EMPLOYEES FIND THE MOST

[02:35:01]

APPROPRIATE.

YEAH, AND BEST WAY TO GET TO THE, THE GOOD NEWS WITH THIS PROPERTY IS IT'S AN ON ONGOING.

THE, THE, THE FORTUNATE PART IS THIS ISN'T A NEW, UM, PROPERTY.

UH, RIGHT.

SO WE'VE BEEN OPERATIONAL FOR MANY YEARS.

MM-HMM, , WE EXPECT AND ANTICIPATE THAT OUR EMPLOYEES, UM, WILL COME BACK TO US, MANY OF THEM, UM, DUR AFTER REOPENING.

AND SO THERE'LL BE THAT CONTINUITY OF OPERATIONS, UM, AND, AND WE'VE BEEN ABLE TO SERVE OUR EMPLOYEES AND, AND, AND OUR PATRONS, UH, WITHOUT ANY ISSUES.

GREAT.

UM, THROUGHOUT OUR OPERATION TO DATE.

SO THAT, THAT WOULD BE WHAT WE ANTICIPATE.

WE'RE JUST TRYING TO MAKE SURE WE DON'T, UM, UNNECESSARILY BURDEN OUR, OUR, YOU KNOW, THE, THE PROGRESS REPORT WITH THE, THE, THE STRICT COMPLIANCE WITH THE CONDITIONS.

THAT'S, I UNDERSTAND, UNDERSTAND AND STAFF HAS SAID THAT THEY, THEY ARE, THEY ACCEPT THAT CHANGE.

SO I'M SUPPORTIVE AS WELL.

YEAH.

ANYTHING ELSE, JONATHAN? YEAH, I MEAN, TO MATTHEW'S POINT, I MEAN, IT WAS REALLY HELPFUL FOR US TO UNDERSTAND FOR CATCH THIS MORNING, YOU KNOW, HOW MANY EMPLOYEES ARE COMING FROM, YOU KNOW, HOW MANY ARE RIDING A SCOOTER, HOW MANY ARE DRIVING, YOU KNOW, HOW MANY ARE COMING FROM SOUTH BEACH, MID BEACH, NOT FROM MID BEACH, BUT, UM, SO THAT WILL BE HELPFUL.

UM, SO JUST TO UNDERSTAND, 'CAUSE IN THE CURRENT, I GUESS, UH, STAFF RECOMMENDATION, THERE'S 11 MORNING AND 37 EVENING VALET ATTENDANCE.

THAT'S, THAT'S WHAT THE TRAFFIC, UM, ANALYSIS GENERATES.

BUT AGAIN, THAT'S A CONSERVATIVE ANALYSIS, RIGHT? YOU'RE ASKING, AND IT DOESN'T, YOU'RE ASKING FOR TO REVISIT THAT YOU'RE OKAY WITH THIS FOR NOW, BUT YOU WANNA REVISIT IT AT THE PROGRESS REPORT, YOU'RE GONNA COME BACK AND SHOW US HOW YOU DON'T REALLY NEED THAT MUCH, THAT MANY VALET, WHICH IS FINE.

IF YOU DON'T NEED IT, YOU DON'T NEED IT, AND I DON'T THINK IT SHOULD BE IN THERE, BUT YOU'RE OKAY.

I'M JUST MAKING SURE YOU'RE OKAY WITH THESE NEW PROVISIONS BECAUSE IN, IN WHAT WAS PASSED OUT WAS, I GUESS THE OLD LANGUAGE, AND SO I JUST WANNA MAKE SURE YOU NO, THE, THAT LANGUAGE IS NOT, THAT LANGUAGE IS NOT INCLUDED IN, IN NO, I KNOW.

CURRENT CONDITION.

KNOW THE, THE, IT WAS USING THE OLD 13.

SO LIKE, FOR EXAMPLE, THE STAFF RECOMMENDS LIKE, VALET SERVICE SHALL BE PROVIDED 24 HOURS A DAY, SEVEN DAYS A WEEK, YOU KNOW, I ASSUME YOU'RE OKAY WITH THE REST OF THESE.

YES, ABSOLUTELY.

OKAY.

YEAH, IT WAS ONLY THAT SPECIFIC ITEM, THE ITEM ON THE VALET ATTENDANCE THAT WE WANTED THE OPPORTUNITY TO BE ABLE TO REVISIT IT BASED ON AN ANALYSIS.

OKAY.

COMMENTS? UM, NOTHING FROM ME OTHER THAN JUST TO CONFIRM WITH STAFF.

SO THERE'S GONNA BE NO CHANGE TO SOUND OR MUSIC, ANYTHING THAT THAT'S ALL CONSISTENT? THAT'S CORRECT.

WAS THERE, OKAY.

MELISSA, JUST, I'M JUST RELIEVED THAT YOU GUYS PULLED OUT THE OUTDOOR ENTERTAINMENT.

YOU JUST SAVED AN HOUR OF YOUR, YOUR TIME.

, SORRY.

AND HOURS.

THANK YOU.

AND HOURS IN THE FUTURE.

UM, NO, I'M, I'M ON BOARD ON IT WITH EVERYTHING, INCLUDING THE, UH, NEW, UH, TRANSPORTATION.

THE SUGGESTION.

I THINK IT'S BEAUTIFUL.

IT'S, IT'S ABSOLUTELY STUNNING.

THANK YOU.

SHE WHISPERED, SHE WANTS TO MOVE IN THERE.

.

WELL, HONESTLY, THERE'S, THERE'S VERY FEW HOTELS AROUND THAT THAT ARE UP TO STANDARD.

YEAH.

SO I AGREE.

THANKS TO THE OWNER BACK THERE.

THANK YOU.

MM-HMM.

ALRIGHT, SO I'M WANNA MOVE IT WITH THE ADDED CONDITION THAT THEY'LL COME BACK.

WHAT'D YOU SAY? SIX MONTHS, MICHAEL? SIX MONTHS AFTER THEY START OPERATIONS, I'LL MOVE IT FORWARD.

WELL, MELISSA, MELISSA MOVED IT, I'M MODIFYING THE CONDITION, RIGHT? WE'RE GONNA ADD THAT, WE'RE GONNA ADD WHAT YOU INCLUDED THE TOP OF THIS PAGE.

MM-HMM, .

OKAY.

TRANSPORTATION CONDITION.

ALRIGHT, SO THAT, WE'LL ADD THAT AS WELL AS A SIX MONTH CORRECT REPORT, CORRECT? CORRECT.

SO MELISSA MOVED IT.

CAN I GET A SECOND? A SECOND.

ALRIGHT.

IS SHE'LL SECOND IT? YOU WANT, DO YOU, CAN I DO IT ALL IN FAVOR OR DO I NEED TO ROLL? YOU CAN DO ALL IN FAVOR.

OKAY.

ANYONE OPPOSED? ALL IN FAVOR? AYE.

OKAY, GREAT.

THANK YOU.

THANK YOU ALL VERY MUCH.

VERY NICE PRESENTATION.

THANK YOU.

THANK YOU.

UH, WE'LL DO ONE MORE THEN BEFORE LUNCH.

WHAT DO WE HAVE NEXT? NEW

[11. PB24-0704, 1343 Alton Road – Day Care Center]

APPLICATION PLANNING BOARD FILE.

24 0 7 0 4.

1343.

ALTON ROAD FOR A DAYCARE CENTER.

IS THE APPLICANT HERE ON THAT? LET'S SEE.

THE APPLICANT SHOULD BE HERE, UM, VIA ZOOM.

MIKE, ARE YOU, ARE YOU ON THIS ONE? NO, NO.

YEAH, THE APPLICANT'S, UM, AVAILABLE, UM, VIA ZOOM.

OH, THEY'RE ON ZOOM.

OKAY.

THE NEXT ITEM IN THE AGENDA IS PB 24 DASH 7 0 4 13 43 ALTON ROAD.

AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY CONDITIONAL USE PERMIT FOR THE OPERATION OF A DAYCARE CENTER.

SPECIFICALLY, THE APPLICANT IS REQUESTING TO CHANGE THE OWNER OPERATOR AND UPDATE THE CONDITIONS OF APPROVAL PURSUANT TO CHAPTER TWO, ARTICLE FIVE, SECTION 2 52 OF THE MIAMI BEACH RESILIENCY CODE.

SORRY.

WE SHOULD NOTE THAT THIS APPLICATION ACTUALLY HAS A LONG HISTORY GOING BACK TO 1991.

IT HASN'T HAD A, A CHANGE OF OWNERSHIP, UH, SINCE THEN.

SO OVER TIME OUR CCPS HAVE CHANGED AND EVOLVED.

SO AS PART OF THE, UM, CONDITIONS APPROVING THE CHANGE OF OPERATOR AND OWNER, WE'RE ALL RECOMMENDING SOME OF THE CONDITIONS, YOU KNOW, BE UPDATED.

SO BACK ON AUGUST 27TH, 1991,

[02:40:03]

THE PLANNING BOARD GRANTED A CONDITIONAL USE PERMIT TO OPERATE A DAYCARE FACILITY AT THE SUBJECT PROPERTY.

NOW, AT THE TIME THIS PROPERTY WAS ON CD ONE AND NOT LOCATED IN HISTORIC DISTRICT.

SO AT THAT TIME, A PARK, AN ANNUAL PARKING IMPACT FEE WAS REQUIRED, WHICH WAS BEING PAID.

NOW, LATER ON THIS SITE BECAME LOCATED IN THE FLAMINGO PARK HISTORIC DISTRICT.

AND BECAUSE IT'S IT'S CLASSIFIED AS A CONTRIBUTING BUILDING IN THAT HISTORIC DISTRICT, THERE IS NO PARKING REQUIREMENT.

SO ONE OF THE UPDATES TO THE ORDER INCLUDES REMOVING THE REQUIREMENT THAT THEY PAY THE ANNUAL FEE FOR THE PARKING.

ANOTHER REQUIREMENT BY THE PLANNING BOARD WAS THAT THEY PROVIDE, UM, AN ON STREET LOADING ZONE FOR THE PROPERTY.

NOW, SINCE THIS PROPERTY WAS INITIALLY APPROVED, ALTON ROAD WAS, WAS REDONE, AND THERE'S NO LONGER ANY SORT OF LOADING AREAS OR PARKING SPACES ADJACENT TO THE PROPERTY.

SO WE'RE JUST RECOMMENDING THAT AS PART OF THIS APPROVAL, THAT THE CONDITION BE UPDATED TO REMOVE THAT REQUIREMENT FOR, UM, AN ON STREET LOADING, THERE IS PARKING AVAILABLE, UM, AT THE FRONT OF THE SITE AS WELL AS, UM, OPERATIONALLY ALONG THE ALLEY FOR, UM, FOR LOADING OR UNLOADING.

SO THIS, THIS APPLICATION IS RELATIVELY MINOR, IT'S JUST, IT IS JUST BEFORE YOU FOR A CHANGE OF OWNERSHIP OPERATOR.

NOW, JUST TO NOTE THAT THIS NOW IS A NON-CONFORMING, UM, USE IN THE, UM, RO THIS IS NOW RO ZONING DISTRICT.

HOWEVER, AS LONG AS THE THE USE IS MAINTAINED AND, AND AND CONTINUOUSLY OPERATED, THIS USE MAY, MAY CONTINUE.

AND SINCE IT HAS BEEN OPERATION FOR SO LONG, WE DON'T ANTICIPATE ANY NEGATIVE IMPACTS FROM ITS OPERATION.

WE'RE RECOMMENDING APPROVAL.

WE HAVE THE, I BELIEVE THE, THE APPLICANT OR OWNER IS ONLINE IF YOU'D LIKE TO SPEAK ON THE ITEM.

UM, LAUREN PATAU AND LAUREN, I'D FIRST LIKE TO, TO SWEAR YOU IN.

DO, DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.

THANK YOU.

YOU HAVE 10 MINUTES FOR YOUR PRESENTATION.

HI.

YES.

UM, MY NAME IS LAUREN TO, I'M THE NEW OWNER OF THE PROPERTY.

AND SO, UM, I WOULD JUST LIKE TO CONTINUE THE OPERATIONS ON THE PROPERTY FOR A, UH, CHILDCARE CENTER.

UM, MY VISION FOR THE PROPERTY IS TO, UH, PROVIDE A MONTESSORI EDUCATION FOR THE COMMUNITY AND JUST PROVIDE A HIGHER STANDARD OF, UH, EDUCATION IN GENERAL AND IN THE COMMUNITY.

AND, UM, I'M WILLING TO COMPLY WITH ANY, UH, REQUEST FROM THE BOARD.

THANK YOU.

AND THERE'S NOBODY WE WANNA, I GUESS WE WANNA TAKE PUBLIC COMMENT DOWN.

UM, IS THERE ANYBODY ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.

OKAY.

ANYBODY IN HERE? NO.

OKAY.

WE'LL CLOSE PUBLIC HEARING.

UM, ANY QUESTIONS, COMMENTS? I FINE WITH THAT.

I'D MAKE A MOTION TO APPROVE.

OKAY.

GOT A SECOND? SECOND.

ALRIGHT, GREAT.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY.

LAUREN, YOU'RE ALL GOOD.

THANK YOU.

THANK YOU.

OKAY.

STAFF IS HUNGRY.

HUH? STAFF IS HUNGRY.

SHOULD, SHOULD WE DO THE, UH, FALL 50 WEST DALE SINCE THAT ONE WENT SO SMOOTHLY? ? YES.

YES.

UM, YOU WANNA TAKE A LUNCH BREAK NOW? UH, YES.

OKAY.

WE'LL DO A 1520 MINUTE LUNCH BREAK.

SO LET'S SAY IT'S 10 TO TWELVE, TWELVE TEN, MAKE A PHONE CALL.

OKAY.

WELCOME BACK EVERYBODY.

WE ARE ONTO

[12 PB24-0717.  NOTICE REQUIREMENTS FOR LAND USE BOARDS.]

NEW COMPREHENSIVE PLAN AND CODE AMENDMENTS.

THE NEXT ITEM IS ITEM 12 ON THE AGENDA PLANNING BOARD FILE 24 0 7 1 7 NOTICE REQUIREMENTS FOR LAND USE BOARDS.

THANK YOU.

IN THIS, UM, APPLICATION OF THE STAFF REPORT BEGINS ON PAGE 143 OF THE BOARD PACKAGES.

NOW THIS ORDINANCE PROPOSES TO AMEND THE LAND DEVELOPMENT REGULATIONS BY REPLACED IN THE CURRENT REQUIREMENT FOR A 30 DAY PUBLISHED NOTICE IN THE NEWSPAPER OF GENERAL CIRCULATION WITH A 30 DAY ONLINE NOTICE PUBLISHED ON A WEBSITE HOSTED BY MIAMI-DADE COUNTY.

THIS WOULD INCLUDE PUBLIC HEARING NOTICES REQUIRED FOR THE CITY'S LANDING BOARDS, INCLUDING BOARD OF ADJUSTMENT DESIGN, REVIEW BOARD, HISTORIC PRESERVATION BOARD, AND THIS BOARD, UM, THE PLANNING BOARD.

UM, CURRENTLY ALL REQUIRED PUBLIC NOTICES ARE REQUIRED TO BE PUBLISHED IN THE NEWSPAPER GENERAL CIRCULATION.

AND THESE ARE DONE IN THE MIAMI HERALD AND THE SUNDAY SECTION.

UM, PREVIOUSLY WE HAD TWO OPTIONS.

WE COULD PROVIDE, WE COULD DO PUBLIC NOTICE ON A THURSDAY IN THE, IN THE MIAMI, UM, HARALD NA IN THE HARALD NEIGHBORS, OR ON SUNDAY.

OVER TIME, THE, THE HARALD HAS REMOVED THAT SECTION FROM THURSDAY.

[02:45:01]

SO NOW WE'RE, WE'RE LIMITED TO PROVIDING PUBLIC NOTICE ON SUNDAY.

IN ORDER TO PROVIDE THAT NOTICE, WE HAVE TO GIVE THEM THE, UM, OUR, OUR NOTICE THE TUESDAY BEFORE THE MEETING.

SO THERE'S A, THERE'S A BIG TIMEFRAME REQUIRED FOR US TO PUBLISH ANY NEWSPAPER THAT'S, ANY, ANY PUBLIC NOTICE THAT'S REQUIRED.

THIS OPTION ALLOWS US TO DO PUBLIC PUBLISH NOTICES ONLINE ON A, UM, COUNTY ACCESS A COUNTY WEBSITE, WHICH WILL ALSO BE MORE, UM, COST EFFICIENT COMPARED TO THE CURRENT PROCESS.

RIGHT NOW APPLICANTS PAY, YOU KNOW, SOMETIMES OVER A THOUSAND DOLLARS TO PUBLISH THEIR NOTICE IN THE HERALD.

AND THIS, THE PLANNING DEPARTMENT SPENDS TENS OF THOUSANDS OF DOLLARS EVERY YEAR IN DOING PUBLISHED NOTICES FOR THE HERALD.

THIS ONLINE, UM, PROCESS, WE BE MUCH MORE EFFICIENT, WE BELIEVE, UM, UM, BE MORE AVAILABLE TO THE PUBLIC AND, UM, IS ACTUALLY A BETTER SOLUTION COMPARED TO THE CURRENT OPTION.

SO WE ARE RECOMMEND PLAINTIFF AWARD FAMILY WITH THIS ORDINANCE TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.

OKAY.

IS THERE ANYONE IN THE CHAMBERS TO SPEAK ON THIS ITEM? DANIEL? IT COULD HAVE COME FOR THE LAST HEARINGS.

UM, ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.

OKAY.

UH, WE'LL CLOSE THE PUBLIC HEARING.

ANY QUESTIONS? SOMEONE WANNA MOVE IT? ONE QUESTION.

OKAY.

THERE ARE NO, UH, LIMITATIONS OR RESTRICTIONS AS TO WHEN THINGS CAN BE POSTED.

MEANING IF I COME TO CITY STAFF AND SAY I WANNA SUBMIT A PROPOSAL THAT DAY, WE CAN SUBMIT TO THE, WELL I DON'T KNOW THE TECHNICALITIES OF THE COUNTY WEBSITE YET, SO, BUT I'M SURE IT'S GONNA BE MUCH, MUCH RESTRICTIVE COMPARED TO THE, THE HAROLD NOTICE.

MAKE A MOTION TO APPROVE.

UH, HANG ON.

I WELL YOU CAN MAKE THE MOTION BUT WE'LL DISCUSS.

RIGHT, SO.

SURE, GO AHEAD.

UM, MICHAEL, THE RED NOTICES THAT GO OUT IN FRONT OF THE PROPERTY, THAT'S, THEY'RE NOT CHANGING.

SO WE STILL, WE STILL DO THE MAIL NOTICE TO ALL PROPERTY OWNERS MAIL.

WE WITHIN THREE AND 75 FEET, WE STILL DO THE SITE POSTING.

THIS WOULD JUST TAKE PLACE OF THE HARALD NOTICE TO DO A, AN AN ONLINE POSTING.

THIS IS JUST REPLACING THE, THE HERALD HARALD NOTICE.

CORRECT.

DO DO YOU HAVE ANY SENSE OF HOW MANY RESIDENTS, YOU KNOW, OR WHATEVER RELY ON THOSE NOTICES IN THE NEWSPAPER? I GUESS THE ONLY THING I'M THINKING IS IF THERE'S SOME PEOPLE WHO RELIGIOUSLY LOOK AT THAT, IS THERE ANY WAY WE'RE REACH, WE'RE CONTACTING PEOPLE TO LET THEM KNOW ABOUT THIS NEW WEBSITE.

I'M SURE THE CITY WILL BE DOING SOME OUTREACH, UM, WHEN THIS DOES GO LIVE.

IF IT DOES GO LIVE.

RIGHT.

AND, AND THE CITY COMMISSION HAS ALREADY ADOPTED, UM, THIS RULE FOR, FOR, FOR ACTIONS, UH, THAT REQUIRE, UM, NEWSPAPER NOTICE UNDER THE CITY CODE, THERE'S GOING TO BE A BALLOT QUESTION ON THE NOVEMBER 5TH BALLOT TO ADDRESS, UH, NEWSPAPER NOTICES FOR ORDINANCES.

'CAUSE OUR CHARTER REQUIRES THAT THOSE BE NOTICED IN A NEWSPAPER.

UM, WHAT THIS DOES IS THIS WOULD NARROWLY APPLY THE ALLOW, UH, NOTICES OF LAND USE BOARD APPLICATIONS TO BE, TO BE NOTICED ONLINE, UH, INSTEAD OF, INSTEAD OF IN THE NEWSPAPER.

ALRIGHT, I'LL SECOND THE MOTION.

OKAY.

YEAH, I MEAN, I JUST WANNA MAKE A COMMENT ABOUT THIS.

I COMPLETELY UNDERSTAND THE INTENT BEHIND IT.

NEWSPAPER CIRCULATIONS GOING DOWN AND THERE'S LESS, UH, OPPORTUNITIES EVEN TO, TO PUBLISH THESE WITHIN THE NEWSPAPERS.

I KIND OF WONDER THOUGH, YOU KNOW, WHAT'S THE IMPACT TO NEWSPAPERS? IT'S, YOU KNOW, IF A PRESS IS REALLY IMPORTANT TO A FUNCTIONING, UM, YOU KNOW, A FUNCTIONING DEMOCRACY, A FUNCTIONING GOVERNMENT, A FUNCTIONING, UM, YOU KNOW, JUST GENERAL WELLBEING OF THE POPULATION.

SO THIS, THIS PROBABLY WILL HAVE AN IMPACT TO, TO THE PRESS, UM, BY REDUCING THE AMOUNT OF ADVERTISING IN THERE.

SO, UM, I'LL BE SUPPORTIVE OF IT JUST FOR THE REASONS THAT WERE OUTLINED IN THE STAFF REPORT, BUT I THINK THERE COULD BE UNINTENDED CONSEQUENCES TO THE PRESS THAT'S SO IMPORTANT TO OUR, OUR REGION.

ANY OTHER COMMENTS? ALL IN FAVOR? AYE.

ANY POST THAT PASSES WITH A FAVORABLE RECOMMENDATION? SEVEN TO ZERO.

OKAY.

NUMBER

[13 PB24-0718.    UNDERSTORY AND HEIGHT REQUIREMENTS IN SF DISTRICTS]

13, PLANNING BOARD FILE 24 0 7 1 8 UNDERSTORY AND HIGH REQUIREMENTS IN SF DISTRICTS.

AND THIS REPORT BEGINS IN PAGE, UM, 151 OF THE BOARD PACKAGES.

SO CURRENTLY, UM, HOMES THAT HAVE AN UNDERSTORY REQUIRE REVIEW BY THE DESIGN REVIEW BOARD.

NOW AN UNDERSTORY IS A HOME THAT'S BEEN ELEVATED, UM, ABOVE THE GROUND LOVER.

SO YOU HAVE A USABLE SPACE UNDER YOUR FIRST LEVEL.

UM, TYPICALLY THE DESIGNER REVIEW BOARD NOW REVIEWS HOMES THAT INCLUDE AN UNDERSTORY OR ALSO HAVE A DESIGN WAIVER AND MAY INCLUDE A VARIANCE IF AN APPLICATION ONLY HAS A VARIANCE AND DOESN'T HAVE AN UNDERSTORY, UM, THAT WOULD GO TO THE BOARD OF ADJUSTMENT.

NOW, WHEN OUR RESILIENCY CODE WAS FIRST ADOPTED, UM, A COUPLE YEARS AGO OR FIRST, UM, CAME FOR REVIEW A COUPLE YEARS AGO, WE HAD DEVELOPED, UM, UM, REGULATIONS WITH THE IDEA THAT THESE UNDERSTORY HOMES WOULD BE REVIEWED ADMINISTRATIVELY.

SO THE REQUIREMENTS ARE PRETTY STRICT IN TERMS OF, UM, UM, THE DESIGN REQUIREMENTS,

[02:50:01]

YOU HAVE TO HAVE A CERTAIN PERCENTAGE OF OPENING ALONG YOUR, ALONG YOUR FRONT ELEVATION, ALONG YOUR SIDE.

ELEVATIONS, WE REQUIRE LANDSCAPING TO BLEED, YOU KNOW, UNDER THE BUILDING.

SO WE HAVE ALL THESE VERY PRESCRIPTIVE REQUIREMENTS TO ENSURE THAT YOU DON'T HAVE THE SOLID MASS TO MAKE IT LOOK LIKE A THIRD STORY BUILDING.

THE IDEA IS THAT YOU HAVE THIS OPEN AREA, UM, UNDER THE HOUSE TO SERVE AS, UM, FOR, FOR WATER RETENTION OR FOR FOR FLOODING.

SO IT'S, IT'S, IT IS INTENDED AS AN AREA THAT THAT CAN ADAPT TO RISING SEA LEVELS WHILE STILL HAVING YOUR, YOUR, UM, ACCESSIBLE AREAS.

UM, YOUR OCCUPIABLE AREAS, UM, ELEVATED.

NOW, UM, THIS ORDINANCE, WHAT WE FOUND OVER TIME IS THAT SINCE IT DOES REQUIRE GOING TO THE, TO THE DESIGN REVIEW BOARD RIGHT NOW, IT DOES ENTAIL AN EXTRA TIMEFRAME FOR SOMEBODY THAT WANTS TO DO AN UNDERSTORY HOME AND SORT OF COULD BE A DISINCENTIVE FOR PEOPLE TO DO THAT UNDERSTORY HOME BECAUSE OF THE EXTRA, EXTRA TIMEFRAME INVOLVED IN GOING TO THE DRB AS WELL AS THE ADDITIONAL EXPENSE.

NOW THE ADDITIONAL TIMEFRAME IS TYPICALLY THREE OR FOUR MONTHS NOW, UM, ALSO PEOPLE THAT ARE GOING TO THE DESIGN REVIEW BOARD ALREADY FOR AN UNDERSTORY HOME, TYPICALLY SINCE THEY'RE ALREADY GOING TO DRB, THEY MAY THEN ALSO ASK FOR A DESIGN WAIVER SINCE THEY'RE ALREADY GOING ANYWAY.

THEY MAY MAY AS WELL ASK FOR A DESIGN WAIVER.

SO WE BELIEVE BY, BY, UM, BY, BY PLACING THIS BACK UNDER REVIEW BY THE PLANNING STAFF, WE'RE PROBABLY GONNA ELIMINATE A LOT OF DESIGN WAIVERS BECAUSE PEOPLE ARE NOT GONNA PROBABLY GO TO THE DRB JUST FOR DESIGN WAIVER.

THEY'LL PROBABLY DESIGN THEIR HOME TO COMPLY WITH THE REQUIREMENTS OF THE UNDERSTORY, UM, THAT REQUIRE.

NOW ANOTHER THING THAT WE'RE DOING AS PART OF THIS ORDINANCE IS MODIFYING THE HEIGHT REQUIREMENTS.

WHEN THE RESILIENCY CODE WAS ADOPTED, UM, IT, IT PUT, IT PUT IN STATE, IN, IN PLACE, AND ACROSS THE BOARD, MAXIMUM HEIGHT OF, UM, UM, 31 FEET FOR, UM, FLAT ROOFS AND 34 FEET FOR SLOPE ROOFS, REGARDLESS OF THE ZONING DISTRICT THAT YOU'RE LOCATED IN NOW IN PRACTICE AND STAFF.

AND THE DESIGNER REVIEW BOARD HAS BEEN VERY GOOD AT ENSURING THAT THAT MAXIMUM HEIGHT IS ONLY APPROPRIATE TO THE RS ONE OR RS TWO PROPERTIES THAT HAVE THE LARGEST, YOU KNOW, UM, LOT AREAS.

FOR EXAMPLE, ON, UM, STAR ISLAND OR ALONG AREAS OF NORTH NORTH BAY ROAD OR ON PINE TREE DRIVEWAY, WE HAVE THE LARGE LOTS.

SO, UM, THIS ORDINANCE ESTABLISHES RESTRICTIONS ON THOSE HEIGHTS.

SO IT'S NOT ACROSS THE BOARD THAT STAFF CAN APPROVE THE HIGHER HEIGHT.

THESE HIGHER HEIGHT ALLOWANCES ARE ONLY ALLOWED FOR THE RS ONE, RS TWO PROPERTIES, OR RS THREE PROPERTIES THAT HAVE A MINIMUM LOT SIZE OF 18,000 SQUARE FEET TO BE MORE CONSISTENT WITH THE, THE RS TWO LOTS FOR THE RS FOUR RS FOUR PROPERTIES, THEY ARE LIMITED TO, UM, FOUR FOOT INCREASE IN HEIGHT AT STAFF LEVEL.

ANYTHING ABOVE THAT WOULD BE A VARIANCE.

SO THERE MAY BE CIRCUMSTANCES WHERE SOMEBODY WANTS TO GO HIGHER THAN THAT, UM, UM, 28 FEET FOR A FLAT ROOF OR 31 FEET FOR A SLOPE ROOF FOR AN RS FOUR PROPERTY.

BUT IN THAT CASE, THEY WOULD HAVE TO MAKE THEIR CASE BEFORE THE DESIGNER VIEW BOARD, AND THAT WOULD BE A, UM, A VARIANCE.

SO WE BELIEVE THAT THIS ORDINANCE WILL, UM, FURTHER FOSTER MORE PEOPLE TO DO FLOOD RE FLOOD RESISTANT OR MORE RESILIENT HOMES BY, UM, NOT BY REMOVING THAT ADDITIONAL STEP IN THE DESIGN VIEW PROCESS.

AND WE BELIEVE WE HAVE SUFFICIENT STAFF TO REVIEW THESE HOMES ADMINISTRATIVELY.

SO WE ARE RECOMMENDING THAT THE, UM, PLANNING BOARD TRANSMIT THIS ORDINANCE TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.

I DO KNOW WE HAVE OUR CHAIRPERSON OF THE DRB HERE, UH, MS. SARAH GILLER NELSON, IF SHE WOULD LIKE TO SPEAK ON THIS ITEM.

YES.

HELLO.

OKAY, GOOD.

THIS IS EXCITING.

I'VE NEVER BEEN ON THIS SIDE.

UM, SO YES, I AM SARAH GIL NELSON.

I AM THE CHAIR OF THE DRB.

I HAVE BEEN THE CHAIR FOR THE PAST TWO YEARS AND THREE YEARS PREVIOUS I WAS THE VICE CHAIR.

UM, I HAVE, UH, VERY DEEP ROOTS IN THE COMMUNITY.

IN FACT, I WAS THINKING ABOUT IT THIS MORNING THAT MY FAMILY HAS LIVED ON MIAMI BEACH FOR ALMOST A HUNDRED YEARS.

SO, AND I'M CURRENT.

SO YOU GO TO BEACH HIGH? YES, I DID.

OKAY.

UH, AND I CURRENTLY HAVE TWO AT BEACH HIGH RIGHT NOW.

SO WE ARE VERY INVESTED IN THE COMMUNITY AND THE SUCCESS OF THE COMMUNITY AND THE LONGEVITY OF THE COMMUNITY.

UM, AND I TAKE MY ROLE, UM, YOU KNOW, SERVING ON THE BOARD LIKE ALL OF YOU DO VERY SERIOUSLY.

LIKE I REALLY FEEL LIKE WE'RE CONTRIBUTING.

UM, I WAS HERE TODAY TO TALK ABOUT THE CONSEQUENCES OF ADAPTING THIS POLICY, REMOVING THE UNDERSTORY REVIEW FROM THE PURVIEW OF THE DRB.

UM, I WILL SAY THIS, THAT AS YOU ALL KNOW, WE ARE A CITY THAT LOVES OUR DESIGN.

WE ARE WORLD FAMOUS BECAUSE OF IT.

WE HAVE LIFEGUARD STANDS THAT ARE DESIGNED.

WE HAVE OUR SIGNATURE SIDEWALK COLOR THAT IS ONLY HERE IN MIAMI BEACH.

[02:55:01]

UM, I'M SURE VERY FEW OTHER CITIES HAVE THAT.

IF YOU LOOK AT OUR MANHOLE COVERS, THEY ARE ALSO BEAUTIFULLY DESIGNED, INSPIRED BY ART DEGO ARCHITECTURE.

WHY IS THIS? BECAUSE THE RESIDENTS DEMAND IT.

WE LOVE IT.

THIS IS WHY WE COME HERE.

THIS IS WHY VISITORS COME HERE.

AND GOOD DESIGN IS GOOD FOR BUSINESS.

IT INCREASES OUR PROPERTY VALUES, IT INCREASES THE DEMAND.

IT MAKES OUR COMMUNITY VERY, VERY DESIRABLE.

I'D BE WILLING TO ARGUE THAT THE MOST BELOVED COMMUNITIES IN THE COUNTY, MIAMI SHORES KOCH, UM, CORAL GABLES, MIAMI BEACH, HAVE A VERY RIGOROUS DESIGN REVIEW PROCESS BEFORE BUILDING A SINGLE FAMILY HOMES.

SO THE DESIGN REVIEW BOARD PLAYS A VERY IMPORTANT ROLE IN ENSURING THE HIGH QUALITY OF DESIGN IN OUR CITY, WHICH IS SOMETHING THAT SO MANY OF US DESIRE.

WHAT MY CONCERN IS WITH THIS, THE ELIMINATION OF THE REVIEW OF THE UNDERSTORY SINCE A NUMBER OF YEARS AGO WHEN THE STATE GOVERNMENT PREEMPTED ANY CONSIDERATION OF HISTORIC CONDITIONS ON SINGLE FAMILY HOMES, THAT HAS BEEN ELIMINATED FROM OUR DOCKET.

OUR DOCKET HAS GOTTEN VERY, VERY, VERY SMALL.

SINGLE FAMILY HOMES ARE ONE OF THE BIGGEST WAYS THAT WE MAKE AN IMPACT ON WHAT OUR COMMUNITY LOOKS LIKE.

AND AGAIN, ENSURE THE HIGHEST OF DESIGN STANDARDS THAT WE ALL DEMAND.

THE UNDERSTORY IS AN ARCHITECTURAL FEATURE THAT IS FAIRLY NEW.

THERE HAVE BEEN MANY CONVERSATIONS WITH ME PERSONALLY, UM, AS WELL AS I'M SURE WITH STAFF, JUST EXPLAINING TO ARCHITECTS AND DESIGNERS, ESPECIALLY THOSE WHO ARE NOT NECESSARILY FROM SOUTH FLORIDA, WHAT THIS UNDERSTORY REALLY IS AND HOW IT FUNCTIONS.

IT'S STILL SOMETHING THAT VERY MUCH IS BEING WORKED THROUGH.

I CHUCKLE TO MYSELF ALL THE TIME THAT BECAUSE OUR DESIGN STANDARDS ARE SO HIGH, THAT SIMPLY PUTTING, CAN I HAVE SURE, A COUPLE MORE MINUTES.

THANK YOU.

THAT SIMPLY PUTTING HOMES ON STILTS WOULD NOT CUT IT FROM THE MIAMI BEACH COMMUNITY.

IT'S DEFINITELY NOT SOMETHING THAT ANY OF US WOULD WANT, AND THAT IS WHY WE HAVE THIS SORT OF UNDERSTORY CONCEPT.

HOWEVER, IT IS SOMETHING THAT OFTEN NEEDS TO BE FINESSED.

WHAT HAS HAPPENED TO US ON MANY OCCASIONS IS THAT WE, ON THE DRB SEE DESIGNS THAT OF A HOME WITH AN UNDERSTORY, AND THEY APPEAR BECAUSE OF HOW IT'S DESIGNED LIKE A FOUR STORY APARTMENT BUILDING THAT'S PLOPPED IN THE MIDDLE OF A SINGLE FAMILY HOME NEIGHBORHOOD, WHICH IS, YOU KNOW, ONE OF OUR MAIN PURVIEWS AS WELL IS COMPATIBILITY WITH THE NEIGHBORHOOD.

DOES THIS NEW STRUCTURE, UM, IS IT COMPATIBLE WITH ITS NEIGHBORS? WILL IT ENHANCE THE NEIGHBORHOOD? CERTAINLY PLOPPING A BUILDING THAT LOOKS LIKE A FOUR STORY APARTMENT BUILDING AND A SINGLE FAMILY NEIGHBORHOOD, ESPECIALLY WITH OLDER HOMES THAT ARE ONLY ONE STORY IS VERY JARRING AND IS NOT APPROPRIATE.

AND ONE OF THE WAYS THAT