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TWO,

[00:00:01]

ONE.

OKAY.

GOOD MORNING EVERYONE.

WELCOME TO THE JANUARY 7TH PLANNING BOARD MEETING.

HOPE EVERYONE HAD A GREAT NEW YEAR.

UM, THERE ARE SOME MINOR CHANGES TO THE AGENDA THAT WE WILL GET TO SHORTLY, BUT FIRST

[APPROVAL OF MINUTES]

IF I COULD GET A, UH, MOTION TO APPROVE THE AFTER ACTION REPORT, THE MINUTES FROM THE LAST MEETING.

MOTION TO APPROVE.

CAN I GET A SECOND? NO.

OKAY.

SCOTT, ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY.

MINUTES ARE APPROVED.

UH, OKAY.

SO I GUESS BEFORE WE GET TO THE CITY ATTORNEY, WE HAVE TO ELECT A CHAIR AND A VICE CHAIR.

UH, MAYBE BEFORE WE DO THAT, WE ACTUALLY SHOULD DO THE CITY ATTORNEY UPDATES.

OKAY, GREAT.

SO THEY CAN LET MEMBERS OF THE PUBLIC KNOW HOW THEY MAY PARTICIPATE WHEN WE GET TO THAT POINT.

OKAY.

THANK YOU MICHAEL.

GOOD MORNING MR. CHAIR.

MEMBERS OF THE BOARD, TODAY'S MEETING OF THE PLANNING BOARD WILL BE HELD IN A HYBRID FORMAT WITH THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL AND APPLICANT STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM.

TO PARTICIPATE VIRTUALLY 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 POUND, 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.

UH, ANYONE WISHING TO SPEAK ON AN ITEM? MUST CLICK THE RAISE HAND ICON OR DIAL STAR NINE IF YOU'RE PARTICIPATING BY PHONE.

IF YOU'RE APPEARING ON BEHALF OF A BUSINESS 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 OF OR OPPOSITION.

20 ITEM EXPERT WITNESSES AND REPRESENTATIVES OF NEIGHBORHOOD ASSOCIATIONS SHALL PRIOR TO APPEARING DISCLOSE IN WRITING TO THE CITY CLERK, THEIR NAME, ADDRESS, AND THE PRINCIPLE 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.

THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.

AND LASTLY, I'D LIKE TO SWEAR IN, UH, ANY MEMBERS OF THE PUBLIC OR STAFF WHO WILL BE TESTIFYING TODAY.

PLEASE RAISE YOUR RIGHT HANDS.

SURE.

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? I DO.

THANK YOU.

THANK YOU VERY MUCH, NICK.

OKAY.

UM, COLLECTION OF OF CHAIR AND VICE CHAIR, AS I SUGGEST WE TAKE, UH, NOMINATIONS TO START.

FIRST FOR, UH, CHAIRPERSON, NOMINATION FOR CHAIRPERSON.

I'LL NOMINATE BRIAN.

I'LL SECOND THAT IF YOU'RE OKAY WITH THAT PAL.

SURE.

.

ANYONE ELSE WANNA NOMINATE ANYBODY ELSE? OKAY.

ALL IN FAVOR? AYE.

ALL OPPOSED? OKAY.

CONGRATULATIONS BRIAN.

THANK YOU.

.

VICE CHAIR? I'M NOT TONIGHT.

MELISSA.

ANYONE WANNA SECOND THAT? I'LL SECOND.

SECOND, SORRY.

ALRIGHT, THANK YOU.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY, THANKS SO MUCH.

CONGRATULATIONS FOR THE CONFIDENCE .

OKAY.

REQUEST FOR CONTINUANCES.

[3. PB24-0698, 1250 West Avenue - DEVELOPMENT REGULATIONS FOR THE ALTON BEACH BAYFRONT OVERLAY DISTRICT]

THE FIRST ONE IS PLANNING BOARD FILE 24 0 7 0 3 12 50 WASHINGTON AVENUE.

SO THE, THE FIRST REQUEST FOR CONTINUANCE IS THAT WE CAN TAKE THE FIRST TWO TOGETHER.

I'LL JUST READ THE FILE NUMBER SINCE THEY'RE RELATED.

THIS IS PB 24 DASH 7 0 3 RELATED TO 1250 WEST AVENUE.

THIS IS, UH, THE ALTON BEACH PAPER AND OVERLAY DISTRICT COMPREHENSIVE PLAN AMENDMENT AS WELL AS THE NEXT, UM, ITEM WHICH IS PB 24 DASH 6 98 FOR 1250 WEST AVENUE.

THIS IS FOR THE DEVELOPMENT REGULATIONS FOR THE SAME OVERLAY DISTRICT.

I BELIEVE THE APPLICANT IS REQUESTING A CONTINUANCE TO THE, UM, FEBRUARY 4TH MEETING.

YES, THAT'S CORRECT.

WE'RE JUST, UH, REFINING THE LEGISLATION AND THE PLANS OF DOING SOME ADDITIONAL DIAGRAMS THAT STAFF ASKED FOR.

YEAH, I JUST KNOW THAT SOME OF THE BOARD MEMBERS LIKE TO KNOW THE REASON.

SO I WOULD LIKE TO KNOW, SO WE'VE, AT THE COMMUNITY MEETING, WE PROFFERED A LOWER HEIGHT OF THE, OF THE PROPOSED BUILDING AND WE'RE DOING UPDATED MASSING STUDIES FOR THE PROPOSED NEW FLOOR AREA THAT WOULD CORRESPOND TO THAT HEIGHT.

UM, MICHAEL ALSO POINTED OUT SOME ISSUES WITH OUR MASSING STUDIES.

SO WE WANTED TO DO A CONTEXT DIAGRAM.

IT'S TAKING SOME TIME TO PUT THOSE PLANS TOGETHER, ESPECIALLY OVER THE HOLIDAYS.

SO WE PUSHED IT TO FEBRUARY.

I SHOULD KNOW TOO THAT I THINK WE HAD OVER 150 PEOPLE ATTEND VIA ZOOM VIA COMMUNITY MEETING.

SO THE SAME FOR THE DOORBELL.

SO, UM, THESE PROJECTS ARE, UM, IN THE SPOTLIGHT AND SO I GUESS THEY'RE TRYING TO MAKE SURE THAT EVERYTHING IS, UM, YOU KNOW, TAKEN CARE OF.

UM, SO WITH THAT WE SHOULD TAKE, UM, ANY PUBLIC COMMENT ON THE REQUEST FOR CONTINUANCE.

ANYONE IN CHAMBERS SPEAK

[00:05:01]

ON THIS? ANYBODY ON ZOOM? THERE'S NOBODY ON ZOOM.

OKAY.

WE'LL CLOSE, CHLOE, ANY OTHER QUESTIONS? YES, MATT? UH, I DO HAVE A COUPLE QUESTIONS.

SO, SO I, I LISTENED IN ON THE MEETING AND THERE WAS, AS MICHAEL ALLUDED TO, SUBSTANTIAL, UH, SUBSTANTIAL PUBLIC COMMENT.

UM, YOU KNOW, IT WAS OVERWHELMINGLY, UH, NOT POSITIVE ON THE PROJECT.

BESIDES THE MASKING STUDIES THAT STAFF HAVE ASKED FOR, HAVE YOU CONSIDERED CHANGING ANY PORTIONS, UH, AND THE HEIGHT AS WELL IN THE FAR, BUT WHAT ABOUT THE, UH, YOU KNOW, THE UNIT SIZES, THE MAKEUPS? A LOT OF PEOPLE WERE CONCERNED ABOUT, UH, IT JUST BEING ON THE UPPER HIGH END OF THE RESIDENTIAL MARKET AND THEY'RE WORRIED ABOUT BASICALLY THE, THE COMMUNITY AND THE PEOPLE THAT LIVE THERE NOW AND PEOPLE THAT COULD LIVE THERE IN THE FUTURE.

SO, HAVE YOU THOUGHT ABOUT THAT AT ALL? YEAH, I THINK WE'RE GIVING THAT SOME THOUGHT.

UM, THERE'S POTENTIALLY AN INCREASE IN THE UNIT COUNT, NOT A HUGE INCREASE.

UM, ALSO WITH THE PUBLIC BENEFIT PROFFER, THERE MAY BE SOME WAYS TO ADDRESS THOSE COMMENTS.

UM, I, WE'RE STILL WORKING ON IT, SO I DON'T WANT TO GET INTO GREAT DETAIL RIGHT NOW.

BUT, UM, OUR COMMUNITY BENEFITS PACKAGE IS CHANGING TO TRY TO ADDRESS SOME OF THOSE COMMENTS AND THOSE CONCERNS, UH, RAISED AT THE COMMUNITY MEETING AND, AND FROM THE ELECTED OFFICIALS AND FROM THIS BOARD AS SO SINCE YOU'RE MAKING CHANGES, A SUGGESTION, UH, THAT, THAT I WOULD MAKE OR JUST AN IDEA THAT I'LL FLOAT IS A, UH, IN ADDITION TO WHAT YOU LOOKED AT A POCKET PARK PERHAPS, OR A PARKING GARAGE, WHICH DIDN'T SEEM TO HAVE MUCH, UH, SUPPORT OR PERHAPS NEED, YOU KNOW, HOW ABOUT A CONTRIBUTION TO A SOUTH BEACH MOBILITY FUND TO HELP WITH, UH, FUNDING BICYCLE PEDESTRIAN MASTER PLAN PROJECTS THAT HAVE BEEN INSTALLED FOR MANY YEARS.

UH, MICRO MOBILITY AND OTHER SORTS OF THINGS THAT, UM, THAT PEOPLE IN THE COMMUNITY USE UTILIZE AND, UH, IT WOULD BE BENEFICIAL FOR.

THANK YOU FOR THAT.

THAT CERTAINLY WOULD WIN MY SUPPORT.

OKAY.

WELL THAT'S SOMETHING NEW WE HAVEN'T HEARD, SO WE APPRECIATE THE, THE FEEDBACK AND I'LL TAKE THAT BACK TO THE TEAM.

THANK YOU.

ANY OTHER QUESTIONS? ALRIGHT, SOMEONE WANNA MOVE TO, UH, APPROVE THE CONTINUANCE? MOTION TO APPROVE? OKAY, READY? A SECOND? I'LL SECOND IT.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

SO THOSE ARE BOTH ITEMS THREE AND FOUR.

UH, THE

[10. PB24-0720, f.k.a. PB File No. 1743, 101 Ocean Drive – Parking Garage]

NEXT ITEM IS PLANNING BOARD FILE 24 0 7 1 9 13 50 COLLINS AVENUE, ALSO SEEKING A CONTINUANCE TO FEBRUARY.

YES, THE APPLICANT IS REQUESTING A CONTINUANCE TO THE FEBRUARY MEETING IN ORDER TO PERFORM ADDITIONAL, UM, SOUND TESTING AS RECOMMENDED BY THE CITY'S PEER REVIEWER.

UH, SO THE APPLICANT IS REQUESTING CONTINUANCE TO THE FEBRUARY 4TH MEETING.

I BELIEVE THE APPLICANT DOES IS, UM, IS ONLINE VIA ZOOM.

UM, BOB, WOULD YOU LIKE TO SPEAK ON THE APPLICATION AND THE REQUEST FOR CONTINUANCE? WHO IS IT? UH, BOB DEONTE.

I THINK HIS HAND IS RAISED.

BOB, YOU THERE? YES.

GOOD MORNING.

CAN YOU HEAR ME? SURE, YEAH.

NOW WE CAN.

GOOD MORNING.

MY NAME IS BOB FUENTE WITH LAW OFFICES AT 1200 BRICKLE AVENUE.

UM, UH, I AM HERE ON BEHALF OF THE APPLICANT.

YES, AS MICHAEL STATED, WE ARE REQUESTING A CONTINUANCE UNTIL THE FEBRUARY 4TH MEETING.

UM, WHEN WE GOT THE STAFF REPORT, WE HAD DONE ADDITIONAL SOUND TESTING AS PER THE PEER REVIEW.

UH, WHEN WE GOT THE STAFF REPORT, THERE WAS SOME ADDITIONAL TESTING THAT WAS RECOMMENDED OR REQUESTED.

SO WE ARE ASKING FOR THE CONTINUANCE IN ORDER TO BE ABLE TO DO THAT BEFORE THE FEBRUARY MEETING.

OKAY.

ANYONE IN CHAMBERS SPEAK ON THIS? ON THIS ITEM? YES.

JUST INTRODUCE YOURSELF, YOUR ADDRESS, AND THEN YES.

GOOD MORNING.

MY NAME IS JUAN PABLO DONOFRIO.

I'M THE OWNER OF 1340 COLLINS AVENUE.

I'M, WE'RE THE NEIGHBORS TO THE SOUTH.

IT'S ACTUALLY THE SHEPLEY HOTEL.

I SENT AN EMAIL, I'M NOT SURE IT, IT MADE IT THROUGH, UH, I HOPE.

UH, BUT I DO WANT TO TO TO BE ON RECORD EXPRESSING THE HOW WORRIED WE ARE WITH THE POSSIBILITY OF OUR NEIGHBOR BEING GRANTED AN OPEN SPACE, ENTERTAINING A LIVE, UH, PERMIT.

AND THIS IS AN OPEN PATIO.

IT'S A FIVE FOOT SETBACK.

I SENT PICTURES FOR YOU TO REALIZE HOW OUR ROOMS, I CAN TOUCH THE MUSICIANS IF THEY'RE ON THE OTHER SIDE OF THE FENCE, UH, TO THE NORTH.

THERE'S ALSO A RE A RESIDENTIAL BUILDING.

UH, I'VE BEEN HERE FOR LONG.

UH, I ALSO RUN THE LESLIE HOTEL AT OCEAN DRIVE, UH, FOR MORE THAN 20 YEARS.

UH, I'VE SEEN, UH, HOW THIS PERMITS AND THE SOUND TESTINGS AND WHAT'S, WHAT, WHAT REMAINS ON PAPER IS ALWAYS DIFFERENT.

WHAT HAPPENS ON A DAY BY DAY BASIS WITH OPERATORS THAT ARE CONVINCED THAT LOUD MUSIC IS PART OF THE ATTRACTIVENESS OF THEIR VENUES.

UH, AND AND I DON'T MEAN TO INTERRUPT YOU, BUT I I NEED TO TELL YOU THIS.

SO WHAT'S BEFORE US IS, IS MOVING THE ITEM TO NEXT MONTH.

SO WHAT YOU'RE SAYING, YOU NEED TO COME BACK.

OKAY.

I, 'CAUSE WE DON'T KNOW WHAT THE PROJECT IS AT THIS POINT.

PERFECT.

[00:10:01]

UM, UNFORTUNATELY YOU PROBABLY DIDN'T KNOW.

NO, NO, NO.

YOU PROBABLY DIDN'T KNOW THAT.

THEY ASKED TO MOVE IT TO FEBRUARY, SO I'M SORRY YOU HAD TO COME HERE.

NO PROBLEM AT ALL.

SO I'LL, I'LL TRY TO BE HERE NEXT MONTH.

YEAH.

BECAUSE WHEN WE GET TO THE MERITS OF THE ACTUAL PROJECT, THAT'S WHEN WE NEED TO HEAR FROM YOU.

PERFECT.

THANK YOU.

UM, DO YOU HAVE ANY PROBLEM WITH THEM DELAYING IT? NO.

NO, NO.

NO.

OKAY.

I'M ABSOLUTELY, PROBABLY HAPPY ABOUT IT.

OKAY.

THANK YOU.

I APPRECIATE IT.

YEAH, SO PLEASE, UH, IT, IT LOOKS LIKE IT'LL BE NEXT FEBRUARY 4TH, UM, BUT THEY'LL SEND OUT AN AGENDA, BUT I'M SORRY, DIDN'T KNOW ABOUT THAT BEFORE.

MAKE SURE, BUT THANK YOU.

AND PLEASE COME BACK.

GOOD MORNING.

OKAY.

ANYONE ELSE? THERE'S NOBODY ELSE, UM, WITH THEIR HAND RAISED ONLINE.

OKAY.

AND I SEE NOBODY ELSE IN THE AUDIENCE.

ANY QUESTIONS? OKAY.

SOMEONE WANNA MOVE? MOTION TO APPROVE.

OKAY.

ANY GET A SECOND? I'LL SECOND IT.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY, GREAT.

ALRIGHT, THE NEXT

[6. Loading, Including truck sizes and safety]

ONE HAS BEEN WITHDRAWN.

THAT WAS THE, UH, ORDINANCE REGARDING LINCOLN ROAD AND THE CONVENIENCE STORES ITEM, UH, SIX, PLANNING BOARD FILE OH 6 6 24 0 6 6 2.

AND, UH, MICHAEL ADVISED THAT THEY JUST WITHDREW IT OUTTA THE BOARD.

YEAH, THE APPLICANT JUST REQUEST A WITHDRAWAL YESTERDAY, SO, UM, I DON'T KNOW WHY, BUT THEY JUST, UM, WITHDREW THE APPLICATION.

SO THE BOARD DOES NOT NEED TO TAKE ANY ACTION ON THAT ITEM.

OKAY.

ALRIGHT.

THE NEXT ONE IS PLANNING BOARD FILE 24 0 6 7 8 AND, UH, 16 0 3 4 1100 WEST AVENUE MAD.

THIS IS JUST AN UPDATE.

UM, THE BOARD MAY REMEMBER THAT WHEN THIS WAS BEFORE YOU IN NOVEMBER, THE BOARD SAID THAT AS LONG AS THERE'S NO, UM, ADDITIONAL CITATIONS THAT THE REVOCATION MODIFICATION HEARING COULD BE DISMISSED ADMINISTRATIVELY.

SO THIS IS JUST TO, TO LET YOU GUYS KNOW THAT THERE WERE NO CITATIONS ISSUED SINCE THAT, SINCE THAT TIME.

SO WE HAVE DISMISSED THAT REVOCATION MODIFICATION HEARING.

OKAY.

SO NO ACTION NECESSARY, NO ACTION IS REQUIRED, CORRECT? CORRECT.

OKAY.

UM, THE DISCUSSION

[2. PB24-0703, 1250 West Avenue - ALTON BEACH BAYFRONT OVERLAY DISTRICTCOMPREHENSIVE PLAN AMENDMENT.]

ITEM THAT WAS, UH, GOING TO BE UNLOADING, INCLUDING TRUCK SIZE AND SAFETY HAS BEEN CONTINUED TO FEBRUARY.

UH, SO WE'LL

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

MOVE ON TO THE REVOCATION MODIFICATION HEARINGS.

ITEM NINE, PLANNING BOARD FILE 16 0 0 7 5, THE GOODTIME HOTEL.

AND THIS, UM, STAFF REPORT BEGINS ON PAGE, UM, 15 OF THE BOARD PACKAGES.

THIS WAS, UM, LAST BEFORE YOU SUBSTANTIALLY QUITE A WHILE AGO ON JULY 30TH OF THIS YEAR.

AT THAT TIME, THE PLANNING BOARD, UM, DID MODIFY THE, UM, THE COP IN ACCORDANCE WITH THE RECOMMENDATIONS OF STAFF, INCLUDING REINSTATING OF THE PLAINLY AUDIBLE STANDARD.

THE BOARD ALSO CAN CONTINUE THE REVOCATION MODIFICATION HEARING TO THE DECEMBER MEETING.

HOWEVER, THE DECEMBER MEETING WAS CANCELED.

SO ALL APPLICATIONS ON THE AGENDA FOR DECEMBER WERE MOVED TO THE JANUARY 7TH MEETING.

AS NOTED IN OUR REPORT, THERE HAVE NOT BEEN ANY COMPLAINTS OR, UM, CITATIONS ISSUED SINCE THE, UM, THE LAST MEETING.

SO WE'RE RECOMMENDING THAT SINCE THE BOARD HAS ALREADY MODIFIED THE COP IN ACCORDANCE WITH, UM, STAFF AND THE CONDITIONS HAVE BEEN UPDATED TO, UM, COMPORT WITH THE CURRENT CODE REQUIREMENTS, WE'RE RECOMMENDING THAT, UM, THE REVOCATION MODIFICATION HEARING BE CONCLUDED AT THIS TIME.

OKAY.

IS THE, UM, APPLICANT OR, OR OWNER OR REPRESENTATIVE HERE TO SPEAK OR NOT NECESSARY? I DON'T SEE ANYBODY WITH THEIR HAND RAISED ONLINE.

UM, OKAY.

ANYONE HERE IN CHAMBERS ON THIS ITEM? NO.

OKAY.

OKAY.

UM, SO WE JUST HAVE TO MOVE TO, TO DISMISS.

YEAH.

JUST FORMALLY IF, UM, IF YOU WANNA FOLLOW UP OUR RECOMMENDATION AND DISMISS THE, UM, OKAY.

REVOCATION MODIFICATION MOTION TO DISMISS .

OKAY.

WAIT A SECOND.

ANY SECOND? THAT A SECOND.

SO, , THAT'S A GOOD ONE.

THERE'S NO OTHER, THERE ARE NO OTHER ISSUES? NO.

I MEAN, I'LL PASS THE GAVEL IN SECOND AND SEE WHAT THE VOTE IS.

HOW ABOUT THAT? CAN I DO THAT? THE CHAIR CAN SECOND A MOTION.

OKAY.

YOU DON'T HAVE TO PASS THE GAVEL.

ALRIGHT, SO, SO, SO HOLD ON JUST TO BE CLEAR HERE.

SO, UM, THEY WOULD STILL COME BACK IF THERE WERE, THEY WERE, YEAH.

SO IF THEY VIOLATIONS, RIGHT? IF THE VIOLATION IS, WE'RE JUST STOPPING THEM FROM COMING, SHOWING UP EVERY FEW MONTHS FOR REVIEWS, RIGHT? BASICALLY IF THERE'S A NEW VIOLATION ISSUE, WE WOULD SEND, WE WOULD START THE PROCESS OVER, SEND A CURE LETTER, AND THEN THEY WOULD, I'LL SECOND IT THEN.

OKAY.

YEAH.

AT THIS POINT, I THINK, UM, I'D BE IN FAVOR OF, OF, OF, UM, JUST, UM, ENDING IT.

RIGHT? BUT I WOULD JUST HOPE THAT IF, IF ISSUES DO COME UP AGAIN IN THE FUTURE, OH, THEY'LL BE BACK.

THIS BOARD MOVES A LITTLE FASTER AND, AND, AND TRYING TO, UH, RECTIFY THOSE.

AGREE.

OKAY.

SO WE HAVE A SECOND.

UM, ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY.

IT'S THE END OF AN ERROR.

WOW.

.

LET'S HOPE.

YEAH.

ALRIGHT.

PREVIOUSLY

[7. PB16-0075, a.k.a. PB 0616-0031, f.k.a. PB 2320. 601-685 Washington Avenue.  The Goodtime Hotel.  ]

CONTINUED APPLICATIONS.

ITEM 10, PLANNING BOARD FILE 23 0 6 2 5 15 0 9 15 15 WASHINGTON AVENUE, NEW HOTEL.

OKAY.

AN APPLICATION HAS BEEN FILED REQUESTING A CONDITIONAL USE APPROVAL FOR A NEIGHBORHOOD IMPACT STRUCTURE FOR A NEW SEVEN STORY

[00:15:01]

HOTEL EXCEEDING 50,000 SQUARE FEET, INCLUDING A NEW ROOFTOP ADDITION ONTO THE 1500 COLLINS AVENUE AND A NEIGHBORHOOD IMPACT ESTABLISHMENT THAT INCLUDES AN ALCOHOLIC BEVERAGE ESTABLISHMENT OR RESTAURANT LOCATED ON THE ROOFTOP OF A BUILDING, WHICH IS LOCATED ON A PROPERTY THAT IS WITHIN 200 FEET OF A PROPERTY CONTAINING A RESIDENTIAL UNIT AND A NEIGHBORHOOD IMPACT ESTABLISHMENT WITH AN OCCUPANCY OF MORE THAN 300 PERSONS.

PURSUANT TO CHAPTER ONE, ARTICLE TWO, SECTION 1, 2, 2, 4, CHAPTER TWO, ARTICLE FIVE, SECTION 2, 5 2, AND CHAPTER SEVEN, ARTICLE FIVE, SECTION 7 5 5 4 OF THE MAMIE BEACH RESILIENCY CODE.

SO THE BOARD MAY REMEMBER, UM, THIS LAST CAME BEFORE YOU ALMOST A YEAR AGO, BACK ON APRIL 25TH OF, OF LAST YEAR.

AND THE BOARD HAS SEVERAL CONCERNS WITH THAT APPLICATION.

THAT APPLICATION INCLUDED, UM, DIFFERENT VARIANCES, IT INCLUDING ENCROACHMENTS ONTO WASHINGTON AVENUE.

UM, THE BOARD HAD QUESTIONS REGARDING REVIEW FROM THE HISTORIC PRESERVATION BOARD.

UM, THE BOARD WAS CONCERNED ABOUT THE SIZE OF THE, UM, HOTEL ROOMS AS NOTED IN OUR REPORT.

AND THIS WAS PROVIDED, UM, AS A SEPARATE ATTACHMENT, NOT PART OF THE BOUND PACKAGE, BUT IT WAS INCLUDED IN THE BOARD PACKAGES, WHICH, WHICH IS, WHICH IS NOT INCLUDED IN THE, UM, WHAT WAS SENT FOR, FOR COPYING UNTIL THE LAST MINUTE.

SO IT'S, IT'S A SEPARATE, UM, FOR REPORT FROM YOUR BOUND PACKAGES.

SO THE INITIAL PROJECT INCLUDED A TYPICAL HOTEL ROOM SIZE OF 200 SQUARE FEET.

THE REVISED FOOD HELPED THE REVISED HOTEL ROOM SIZE.

THE NEW PROJECT IS BETWEEN 324 AND 337 SQUARE FEET.

UM, THE PROJECT ALSO INCLUDES NOW INCORPORATION OF THE HAYDEN HALL AND ITS RENOVATION, AS WELL AS A ROOFTOP EDITION ONTO THE HAYDEN HALL SITE.

UM, AS INDICATED IN OUR REPORT, NO ENTERTAINMENT IS PROPOSED FOR THE ENTIRE PROJECT.

ONLY AMBIENT BACKGROUND MUSIC IS PROPOSED AT A VOLUME THAT DOES NOT INTERFERE WITH NORMAL CONVERSATION.

THE APPLICANT DID SUBMIT A SOUND STUDY, IT WAS PEER REVIEWED.

THERE WAS A CONCERN REGARDING THE DECIBEL LEVEL THAT WAS BEING SET FOR THE AMBIENT BACKGROUND MUSIC.

WE DO HAVE A CONDITION IN THE CONDITIONS OF APPROVAL TO LIMIT THE, UM, THE AUDIO, UM, OUTPUTS TO A LEVEL THAT'S BEEN RECOMMENDED BY THE, THE CITY'S PEER REVIEWER.

UM, WE DID ALSO PASS AROUND TODAY THE, UM, LATEST MEMO FROM THE TRANSPORTATION DEPARTMENT.

THIS INCLUDES, UM, SEVERAL CONDITIONS OF APPROVAL.

I BELIEVE THE APPLICANT IS, UM, AGREEING WITH ALL THOSE CONDITIONS WITH SOME MINOR UPDATES THAT THEY WILL BE GOING OVER.

UM, WE ARE RECOMMENDING THAT THE APPLICATION BE APPROVED IN ACCORDANCE WITH THE CONDITIONS, UM, ENUMERATED IN OUR DRAFT FINAL ORDER, ALONG WITH INCORPORATION OF THE CONDITIONS THAT ARE REFERENCED IN THE TRAFFIC.

UM, TRANSPORTATION ANALYSIS PAST YOU THIS MORNING.

I'LL TURN IT OVER TO THE, TO THE APPLICANT FOR THEIR PRESENTATION.

GOOD MORNING, OFFICER.

GOOD MORNING.

EMILY BALTER, ARDELL FERNANDEZ, LARKIN AND TAP OFFICE OF 200 SOUTH BISQUE BOULEVARD.

I'M HERE TODAY ON BEHALF OF 1515 WASHINGTON ACQUISITION, LLC.

UH, THIS IS A PARTNERS, UH, GAVIN CSO AND ZR KBA WITH KAYA REAL ESTATE GROUP.

UM, IF WE COULD BRING UP OUR PRESENTATION.

THANK YOU.

AND JUST FOR THE BOARD VERIFICATION, THIS WAS THIS, UH, PACKET ATTACHED TO AT THE END OF YOUR PACKET.

I DON'T KNOW IF YOU FOUND IT.

OKAY.

SO THE PROJECT BEFORE YOU TODAY IS NOW AN ASSEMBLAGE OF 1509 TO 1515 WASHINGTON, AS WELL AS 1500 COLLINS AVENUE.

COMBINING THIS SITE ENSURES BETTER OPERATION, MID-BLOCK CONNECTIVITY BETWEEN WASHINGTON AND COLLINS AND NEW USES THAT WILL INGRA INVIGORATE.

UH, THE AREA.

THE APPLICANT CAME BEFORE THIS BOARD IN APRIL OF 2024 WITH A HOTEL THAT WAS JUST LIMITED TO, TO WASHINGTON WITH MINIMAL AMENITIES.

UH, SINCE THEN, THE, THE APPLICANT HAS RETAINED NEW ARCHITECTS, ENTERED INTO A JOINT VENTURE WITH THE OWNERS OF HADDEN HALL, AND SAW A NEW HOTEL OPERATOR.

AS YOU WILL SEE, THE UNITS ARE LARGER, THE AMENITIES ARE FIVE STAR, AND OVERALL THE SITE IS MORE EFFICIENT.

WE BELIEVE THAT YOUR FEEDBACK AT THAT APRIL MEETING RESULTED IN A SIGNIFICANTLY BETTER PROJECT.

UH, TO QUICKLY INTRODUCE OUR TEAM, UH, WE HAVE THE ARCHITECT OF RECORD, NO ROSENSTEIN, OUR LANDSCAPE ARCHITECT GAR, UH, KEN GARDNER, SOUND ENGINEER, AND ANDY SWARDLOW FROM CRITERION ACOUSTICS, TRAFFIC ENGINEER JOAQUIN VARGAS FROM TRAFFIC TECH, STRUCTURAL ENGINEER, YUSEF EM, UM, AS WELL AS MY COLLEAGUE MICHAEL LARKIN, AND OF COURSE, THE, THE DESIGNERS OF THE PROJECT ROTATE STUDIO.

I'M JOINED WITH CHRIS EVANS.

GOOD MORNING.

HOW COULD I FORGET? UH, TODAY WE'RE RESPECTFULLY REQUESTING, UH, THREE PARTS TO THE CONDITIONAL USE PERMIT.

PART ONE IS NEW CONSTRUCTION EXCEEDING 50,000 SQUARE FEET.

TWO,

[00:20:01]

A ROOFTOP RESTAURANT WITHIN 200 FEET OF RESIDENTIAL USES.

AND THREE, THE NEIGHBORHOOD IMPACT ESTABLISHMENT FOR RESTAURANTS NOT ALSO OPERATING AS AN ENTERTAINMENT ESTABLISHMENT WITH AN OCCUPANCY OF THREE OR 300 OR MORE PERSONS.

UH, I WILL NOW, CHRIS AND I WILL GO BACK AND FORTH.

HOPEFULLY THAT WILL LEAD TO A CLEAR PRESENTATION.

WE MIGHT EXCEED THE EIGHT MINUTES THAT WE HAVE LEFT, UM, TO WALK YOU THROUGH THE OVERALL PROJECT, EACH OF THE USES.

UM, AND THEN AFTER CHRIS, I'D LIKE TO BRIEFLY GO OVER SOME OF THE MODIFIED CONDITIONS THAT I PASSED OUT.

UM, I ALSO PASSED OUT OUR SUMMARY OF THE CONDITIONAL USE PERMIT, SO YOU CAN FOLLOW ALONG, BUT I'LL, I'LL PASS IT TO THIS.

GOOD MORNING, CHRIS EVANS, UH, ROAD ROTATE STUDIO.

I'M THE PRINCIPAL IN HOUSTON, UH, UH, 65 BRIAR HOLLOW, HOUSTON, TEXAS.

UM, UH, SO I JUST WANTED TO INTRODUCE THE SITE REAL QUICK, JUST, UH, TO MAKE SURE WE HAVE THE VOCABULARY.

UM, OBVIOUSLY WE'RE LOCATED BETWEEN COLLINS AND WASHINGTON JUST NORTH OF ESPANOLA WAY.

UH, THE, THE, THE MAIN ENTRY NOW OF THE PROPERTY IS GONNA BE THROUGH THE HADDEN HALL, UM, ENTRANCE, WHICH IS, UH, THE HISTORIC HOTEL.

UM, AND THEN, UH, AS WE GO WEST ON THE PROPERTY, WE HAVE THE CAMPTON APARTMENTS, WHICH IS BEING, UH, CONVERTED FROM APARTMENTS INTO A SINGLE USE, UM, RETAIL AMENITY SPA.

UM, AND THEN WE HAVE THE, THE WASHINGTON BUILDING AS WE'RE CALLING IT, WHICH IS THE, UH, STOREFRONTS, UH, FACING WASHINGTON AVENUE THAT THAT BUILDING WILL BE DEMOLISHED AND REBUILT AT THE, THE TALLER IN VDB OF UH, NINE.

UM, AND THIS IS, UH, AND THEN THE SEVEN STORY, UM, UH, HOTEL TOWER ABOVE THAT, UH, THE MAIN, UH, PEDESTRIAN OR VEHICULAR CIRCULATION.

THE ENTRANCE IS OFF OF COLLINS, UH, FOR THE HOTEL, UH, ADDITIONAL, UH, DROP OFF AND, AND STREET PARKING ON, ON THE WEST SIDE OF THE PROPERTY ALONG WASHINGTON AVENUE, UM, WHERE WE HAVE A SECONDARY ENTRANCE.

THE, UH, THE PEDESTRIAN, UH, ENTRANCES MATCH THAT.

UH, THE, I THINK THE IMPORTANT THING HERE IS THE SERVICE CIRCULATION.

UM, WE ARE, UM, WE HAVE CREATED A CORRIDOR THAT RUNS ALONG THE NORTH, NORTH AND THE EAST SIDES OF THE PROPERTY.

UM, THAT'S KIND OF AN OPEN AIR COURTYARD, UM, CORRIDOR THAT ALLOWS SERVICES TO KIND OF MOVE THROUGH THE PROPERTY.

AND ALL THE LOADING IS TAKING PLACE ON THE STREET LOADING SPOTS.

YOU CAN SEE THE DIAGRAM IN THE LOWER RIGHT.

THERE ARE EXISTING THREE SPOTS THERE.

THE PARKING, UM, DEPARTMENT IS REQUIRED, REQUESTED, UH, AN ADDITIONAL, UH, FOURTH SPOT FOR THAT LOADING.

AND SO THAT LOADING WOULD TAKE PLACE THERE AND MOVE INTO THE BUILDING.

THE, UM, UH, THERE WILL, THERE WILL BE NO DELIVERIES, UH, TAKE PLACE EARLIER THAN 9:00 AM.

UH, REFUSE AND RECYCLING WILL BE NO EARLIER THAN 8:00 AM AND THERE WILL BE A DOCK MASTER PRESENT DURING, UH, LOADING AND DELIVERIES, UH, DURING THAT WINDOW.

UM, JUST A QUICK OVERVIEW OF THE SITE.

YOU CAN SEE THE, THE ENTRANCE THERE.

WE HAVE THE KIND OF THE GARDENS ON BOTH THE FRONT.

UH, AND THEN THEY HAVE THE HISTORIC COURTYARD, UH, IN THE CENTER.

THIS IS THE HADDEN HALL POOL.

WE ARE MAINTAINING THAT POOL AND, AND, AND RE LANDSCAPING AND DETAILING AROUND THAT.

AND THEN THE, THE HISTORIC, UH, CAMPTON APARTMENTS IN THE, IN THE OPEN LAWN IN FRONT OF THAT, UM, WITH, UH, WITH THE, THE HISTORIC ABANDONED TREE, UH, IN THAT COURTYARD.

THANK YOU.

NEXT PAGE.

UH, JUST A REAL QUICK, JUST SO YOU UNDERSTAND KIND OF OUR DESIGN INTENTS.

UH, WE'RE REALLY, UH, LEANING INTO THE, UM, KIND OF THE SPANISH ROOTS OF THE AREA.

WE'RE, YOU KNOW, JUST A HALF BLOCK NORTH OF ESPANOLA WAY, UM, AND THAT GREAT PRESIDENT.

UM, AND THEN, AND THEN REALLY WORKING WITH THE, UM, KIND OF COMBINING THAT WITH THE, UM, STREAMLINED MODERN, UH, THAT IS PREVALENT IN THE AREA.

AND SO TRYING TO CREATE A, A CURRENT MODERN INTERPRETATION OF THOSE TWO, THOSE TWO COMBINED COMBINATIONS.

UM, AND JUST WHAT REALLY, WHAT THE IMPORTANT HERE IS THE, IS THE BANYAN TREE.

WE LOVE THIS BANYAN TREE.

IT'S SUCH A KIND OF A MYTHOLOGICAL TREE.

UH, IT'S VERY CONNECTED TO THE, UM, TO MANY, MANY CULTURES.

UM, AND AS, AS THE BEAUTY OF IT, IT EXPANDS IN THE AERIAL ROOTS THAT CONNECT THE WHOLE PROPERTY.

UH, SIMILAR TO OUR PROPERTY, I SHOULD SAY, IS WE'RE TRYING TO, AS WE START WITH THE HADDEN HALL, AND WE'RE CONNECTING THESE OTHER BUILDINGS USING THIS CONCEPT OF A BANYAN TO TIE, TIE THOSE ALL TOGETHER ARCHITECTURALLY.

THANK YOU.

UM, THIS IS A VIEW, YOU CAN SEE THIS IS A PEDESTRIAN VIEW FROM ACROSS, UH, COLLINS.

SO YOU'RE LOOKING AT THE HISTORIC, UH, HATIN HALL, UH, ENTRY.

AS YOU CAN SEE, IT'S LARGELY THE SAME AS IT WAS JUST, UH, IMPROVED AND RESTORED, UM, AND BRINGING IN SOME COLOR ON THE FACADE.

THIS IS A SLIGHTLY, UH, ELEVATED VIEW FROM ONE OF THE BALCONIES ACROSS THE STREET.

BUT WHAT YOU CAN SEE HERE, UH, IS A LITTLE BIT OF MORE OF THE OVERVIEW OF THE PROPERTY.

YOU CAN SEE THE FOURTH FLOOR ADDITION ON THE NORTH SIDE OF HADDEN HALL.

UH, IN THE DISTANCE YOU CAN SEE THE, UM, CAMPTON APARTMENTS ON THE LEFT SIDE THERE WITH, THERE'S A ROOF TERRACE BEING ADDED TO THE TOP OF THE SPA DECK.

AND THEN OF COURSE, THE NEW SEVEN STORY TOWER WITH THE RESTAURANT POOL DECK ON THE, ON THE SEVENTH FLOOR.

THIS IS A VIEW, UM, KIND FROM THE CORNER OF ESPANOLA LOOKING TOWARDS, UH, TOWARDS THE PROPERTY.

YOU CAN SEE THE CAMPTON THERE

[00:25:01]

ON THE RIGHT, WHICH IS BEING LARGELY, UH, RESTORED AND MAINTAINED AS IT IS TODAY.

BUT, UH, IMPROVED, UH, FOR SITE CONNECTION AND, AND ACTIVATION ON THE WASHINGTON CORRIDOR.

AND THEN YOU CAN SEE TO THE LEFT THE, UH, THE HISTORIC WASHINGTON BUILDING FACADE, WHICH IS BEING RECONSTRUCTED, UM, AT THAT HIGHER IN VDB FOR, UM, FOR FLOOD IN THE FUTURE.

UM, AND THEN YOU CAN SEE THE, THE SEVEN STORY TOWER ON TOP OF THAT.

AND, UH, SOME OF THOSE, THOSE DETAILS WE DISCUSSED WITH THE, UM, UH, KIND OF THOSE HORIZONTAL PLANES OF THE ART, UH, THE, THE STREAMLINED MODE MIXED WITH THAT KIND OF BAAN CONCEPT.

UH, THIS IS THE, UH, INTERIOR COURTYARD VIEW.

UM, SO THIS IS THE HISTORIC, UH, HADDEN HALL, UH, POOL DECK, WHICH IS BEING RE-LANDSCAPED, UH, TO WORK WITH THE NEW BUILDINGS AND THE NEW, THE NEW COMPLEX.

UH, JUST QUICK, SOME OF THE MATERIALS, WE'RE GONNA SKIP PAST THAT.

AND THEN, UM, MOVING INTO THE, UH, SO STARTING, WE'LL START WITH HADDEN HALL THERE ON THE, ON THE RIGHT.

UH, IF WE CAN GO TO THE NEXT PAGE.

UH, THIS IS THE MAIN ENTRY, UH, THE DROP OFF AND APPROACH.

WE HAVE THE GRAND LOBBY.

THE NORTH SIDE HAS THE EVENT HALL, UH, IN THE PRE-FUNCTION ZONE, AS WELL AS SMALL PREP KITCHEN.

MM-HMM .

AND THEN ON THE SOUTH SIDE OF THE, OF THE HADDEN HALL, YOU CAN SEE THE DIXON CAFE.

THIS IS A NEW CAFE OF, UH, F AND B, UM, INTENDED TO BE LIKE A A, A HEALTH AND WELLNESS, UH, CAFE.

UH, THIS IS BOTH PUBLIC, UH, ACCESS FROM THE STREET ON COLLINS AND ACCESS DIRECTLY FROM THE GRAND LOBBY, AS WELL AS OUR, OUR FITNESS ZONE, UH, DIRECTLY BEHIND THAT.

THIS IS AN ENLARGED VIEW OF THE, UM, UH, THE BALLROOM AND THE ADJACENT, UH, PRE-FUNCTION LOUNGE.

UH, OF COURSE THE EVENT PREP IN THE UPPER LEFT.

UM, FOR THIS EVENT SPACE, WE ARE CURRENTLY PROPOSING, UM, NO LIVE ENTERTAINMENT.

UH, WE WOULD LIKE TO COME BACK IN THE FUTURE WHEN WE HAVE THIS SPACE FURTHER BUILT OUT WHERE WE CAN SHOW, YOU KNOW, WHERE THE BAND WILL BE, HOW WE'RE SOUNDPROOFING, HOW DOORS WILL OPERATE, ET CETERA.

BUT FOR AS OF TODAY, UM, WE'RE NOT PROPOSING LIVE ENTERTAINMENT FOR THIS SPACE.

AND THE HOURS OF OPERATION, UH, PROPOSED OUR CONSISTENT WITH THE HOTEL AMENITIES.

OKAY.

MOVING INTO THE DIXON CAFE, LIKE I SAID, THIS IS A, UH, HEALTH AND WELLNESS CAFE NAMED AFTER MURRAY DIXON, THE ORIGINAL ARCHITECT OF HADDEN HALL.

AND YOU CAN SEE IT IS ACCESSIBLE BOTH FROM THE STREET ON THE, FROM THE, THE DIXON CAFE TERRACE, THE PAIR OF DOUBLE DOORS THERE.

AND THEN OF COURSE, FROM THE LOBBY AS WELL.

UH, FOR THIS SPACE, AGAIN, WE'RE PROPOSING, UH, NO LIVE ENTERTAINMENT, ONLY AMBIENT BACKGROUND MUSIC.

UM, ON OUR APPLICATION MATERIALS, WE INDICATED THAT THIS WOULD CLOSE AT 2:00 PM HOWEVER, DISCUSSING WITH THE NEIGHBORS, UM, THEY WOULD LIKE SOMEWHERE THAT THEY CAN GO AFTER WORK AND GRAB A SANDWICH.

UM, SO WE'RE PROPOSING, UH, 6:30 AM TO 8:00 PM UH, MOVING INTO THE, THE CAMPTON APARTMENT.

THE CAMPTON APARTMENT.

UH, THIS IS, UM, CURRENTLY AN APARTMENT OR PART OF THE HOTEL, UH, BUT BEING, UH, OPENED UP AND CONVERTED INTO A SINGLE USE, UH, WELLNESS, UM, TREATMENT SPA.

UH, THE MAIN ENTRANCE COMING OFF OF WASHINGTON AVENUE THROUGH THE, UM, UH, BANYAN GARDEN AND INTO THE, INTO THE ORIGINAL HISTORIC LOBBY.

UM, IT'S NOT LETTING ME CLICK AND I SEE THAT WE'RE ABOUT TO RUN OUT OF TIME.

UM, IF WE COULD HAVE 10 MORE MINUTES THROUGH THE CHAIR.

WE'LL GO QUICKLY, BUT, UH, YOU SKIPPED A PAGE.

UH, THIS, THERE WE GO.

GO AHEAD.

UH, THE PROPOSED, UM, SOCIAL WELLNESS SPA, AGAIN, NO LIVE ENTERTAINMENT, ONLY AMBIENT BACKGROUND MUSIC.

UM, WE ARE PROPOSING TO OPERATE FROM 9:00 AM TO 9:00 PM WHICH IS CONSISTENT WITH THE OVERALL OPERATIONAL HOURS FOR THE HOTEL AMENITIES.

UH, MOVING INTO THE WASHINGTON BUILDING, THIS IS THE, UH, THE NEW BUILDING, UH, WITH THE GUEST ROOMS. BUT THE GROUND FLOOR IS OUR, UH, ON THE LOWER LEFT HAND CORNER, WE HAVE THE, UH, WASHINGTON.

THE HOTEL ENTRANCE IS A SECONDARY ENTRANCE TO HELP ACTIVATE WASHINGTON AND, AND ENCOURAGE GUESTS TO GO OUT EITHER SIDE OF THE BUILDING.

UH, THIS ALSO, UH, WORKS AS A KIND OF A CHECK-IN POINT FOR THE RESTAURANT, UH, ON THE FIRST FLOOR, AND THEN THE RESTAURANT ON THE, ON THE SEVENTH FLOOR.

UH, WE ALSO HAVE A SMALL, UM, POOL BAR ON THE RIGHT, UH, OR THE SOUTHEAST CORNER.

AND THEN IF YOU GO UP ON THE NORTH NORTHWEST, WE HAVE A, A SMALL, UH, VENT, WHICH IS A COFFEE SHOP, UH, RUN THROUGH THE, THE, UH, OPERATIONS OF THE RESTAURANT.

AND THEN WE HAVE A RETAIL SPACE IN THE, IN THE NORTHWEST CORNER.

THE PROPOSED HOURS OF OPERATION FOR WHAT WE'RE CALLING THE SIGNATURE RESTAURANT, THE GROUND FLOOR RESTAURANT, FRONTING WASHINGTON IS 7:00 AM TO 2:00 AM.

UM, SIMILAR WITH THE .

UM, I DON'T BELIEVE WE HAVE A CALL OUT OF THE RETAIL, BUT THIS RETAIL PROPOSED IS ALSO LIKE A GRAB AND GO SHOP FOR THE HOTEL GUESTS THAT WILL HAVE CURATED, UM, GOODS AND, UH, SMALL GROCERIES THAT'S CONSISTENT WITH THE BRANDING OF THE HOTEL.

I WOULD JUST ADD THAT WE'VE RECESSED THE FACADE A LITTLE BIT TO PROVIDE, UM,

[00:30:01]

UH, OUTDOOR DINING ON THE, ON THE WEST, UH, TO CONNECT AND ACTIVATE THE FACADE OF THE, OF THE WASHINGTON BUILDING, AS WELL AS OPEN UP TO THE, TO THE TARIFFS ON THE EAST SIDE.

SO WE ALREADY WENT THROUGH THAT ONE.

UH, POOL BAR.

THE POOL BAR, UH, WE'RE PROPOSING, UM, THIS IS AN ENTIRELY ENCLOSED POOL BAR, BUT IT DOES HAVE SOME OUTDOOR SEATING.

SO WE'RE PROPOSING, UM, 12:00 PM TO 2:00 AM INDOOR AND 12:00 PM TO TWO TO 12:00 AM OUTDOOR FOR THIS.

AND THIS WILL BE OPEN TO THE PUBLIC.

UH, MOVING INTO THE, UH, THE SECOND LEVEL WITH THE HADDEN HALL IS, IS WHERE OUR GUEST ROOMS BEGIN.

UM, JUST, UH, THE OVERVIEW, WE'RE ADDING THE CURRENT, THE CURRENT KEY COUNT IS ON A HUNDRED AND, UH, 62.

UH, WE'RE ADDING A HUNDRED ROOMS TO A 2 62, UH, AS WELL AS ENLARGING THE ROOMS AS, AS EMILY, UH, MENTIONED BEFORE.

UM, THIS IS LEVEL, LEVEL THREE, WHICH IS, UH, ALL GUEST ROOM, UM, IN BOTH THE HADDEN AND THE WASHINGTON BUILDING.

BUT YOU CAN SEE THE ROOF, UH, RELAXATION ZONE, WHICH IS, UH, OPERATED AND, AND, AND ACTIVE FOR THE, THE, THE, THE TREATMENT SPOT.

MOVING UP TO THE FOURTH FLOOR, UM, YOU CAN SEE ON THE HAT HALL AND THE NORTH WING IS THE, THE NEW, THE NEW LEVEL BEING ADDED.

THAT INCLUDES A PRESIDENTIAL SUITE WITH A LIVABLE PRESIDENTIAL TERRACE OFF OF THE FRONT FACING DOWN TOWARDS COLLINS IN THE, IN THE, IN THE BEACH FRONT.

AND THEN OF COURSE, THIS IS WHERE OUR KIND OF OUR, ON THE WASHINGTON BUILDING, THE STACK GETS CONSISTENT.

THESE ARE KIND OF OUR TYPICAL ROOMS. AND THEY'RE ON THE THREE OVER 300 SQUARE FOOT COUNT, UM, LEVEL, UH, LEVEL FIVE, UH, LARGELY THE SAME, BUT YOU'LL SEE IN THE LOWER CORNER WE HAVE, UH, ADDED, UH, THERE'S ANOTHER SECONDARY PRESIDENTIAL HERE WITH ANOTHER TERRACE, UH, FACING, FACING COLLINS AND VIEWS TOWARDS THE, THE BEACH FRONT.

AND THEN LEVEL SEVEN, THIS IS WHERE WE HAVE OUR, UH, UH, RESTAURANT, UH, RESTAURANT AND A, A SMALL POOL FEATURE.

UH, THIS IS AN, UH, THE BAR ITSELF IS, IS, IS FULLY ENCLOSED.

UH, IT IS SPECIFICALLY FOCUSED TO FACE TO THE EAST AND TOWARDS THE WATERFRONT AND THE PROPERTY ITSELF, IT DOES NOT, UH, THE INTERIOR BAR DOES NOT HAVE ANY OPENINGS OR FACING TOWARDS, UH, TOWARDS THE WEST AND WASHINGTON AVENUE.

UM, WE HAVE, UH, WE OBVIOUSLY HAVE THE TERRACE OUT HERE.

WE'RE CAPITALIZING VIEWS TOWARDS THE WATERFRONT.

YOU CAN SEE HERE AN ENLARGED, UH, ENLARGED PLAN OF THAT POOL DECK FOR THE ROOFTOP RESTAURANT.

WE ARE PROPOSING TO HAVE, UH, BREAKFAST UP HERE, LIMITED TO HOTEL GUESTS.

SO THE HOURS OF OPERATION FOR, UH, WEEKNIGHTS SUNDAY THROUGH WEDNESDAY JUST FOR HOTEL GUESTS, 7:00 AM TO 12:00 AM UM, AND THURSDAY THROUGH FRIDAY, 7:00 AM TO 2:00 AM AND THEN OPEN TO THE PUBLIC, UH, STARTING AT 12:00 PM AND THEN CLOSING AT THE SAME TIME.

SO LUNCH AND DINNER, UM, WILL BE OPEN TO THE PUBLIC.

AND, UH, NO ENTERTAINMENT IS PROPOSED.

ONLY AMBIENT BACKGROUND MUSIC.

AND JUST, UH, SETTLING ON THE VIEW HERE.

UH, LOOKING AT THE WEST .

SO TO UH, BRIEFLY CONCLUDE, WE'D LIKE TO SLIGHTLY MODIFY THE PROPOSED HOURS OF OPERATION.

THESE, UH, CAME ABOUT THROUGH NEGOTIATION, CONVERSATIONS WITH NEIGHBORS AND CONVERSATIONS WITH STAFF.

UM, I CIRCULATED, UH, WHAT OUR PROPOSED CHANGES ARE.

UH, WE UNDERSTAND IN THE DRAFT ORDER THAT THEY SEPARATED IT BETWEEN AMENITIES OPEN TO THE PUBLIC AND AMENITIES OPEN TO HO HOTEL GUESTS.

WE'D LIKE TO STAY CONSISTENT WITH THAT SEPARATION.

UM, WE CLARIFIED GROUND FLOOR CAFE FRONTING COLLINS, WHICH WASN'T PREVIOUSLY INCLUDED.

UM, AND IN ORDER TO SHOW THE 8:00 PM WE ALSO INCLUDED THE POOL BAR AND TERRACE AND THE RESPECTIVE HOURS OF OPERATION FOR THAT VENUE.

UM, AND THEN CLARIFIED WHEN THE ROOFTOP LOUNGE IS OPEN TO HOTEL GUESTS.

UM, THIS IS CONDITION FOUR C.

UH, THIS WE'VE ALSO AMENDED, UH, FIVE H TO BE CONSISTENT.

FIVE H UH, PROVIDED PUBLIC ACCESS USE OF THE ROOFTOP LOUNGE SHOULD BE LIMITED, UM, FOR, FOR THE PUBLIC.

AND, AND WE INCLUDED THOSE HOURS PUBLIC ACCESS.

UM, THE SECOND CONDITION THAT WE WOULD LIKE TO MODIFY, UH, IS FIVE C.

THE APPLICANT IS VOLUNTARILY PROFFERING, UM, TO HAVE A EMPLOYED DOCK MASTER PRESENT ON SITE TO COORDINATE ALL LOADING AND DELIVERIES.

UH, THIS WILL ENSURE MINIMAL OVERLAP BETWEEN DELIVERIES AS AS WELL AS TO AS THE TRUCKS ARRIVE TO MAKE SURE THEY'RE PARKED IN THE APPROPRIATE LOCATION.

UM, I BELIEVE, UM, MICHAEL BELUCHE PASSED OUT, UH, TODAY, TRANSPORTATION'S CONDITIONS, WHICH WE'VE ALSO RECEIVED AND REVIEWED.

UM, WE ARE IN AGREEMENT WITH ALL THE CONDITIONS.

UH, FOR CONDITION NUMBER FOUR.

WE WOULD RESPECTFULLY REQUEST TO MODIFY A MINIMUM OF NINE VALET RUNNERS TO PROVIDE, UM, THAT THE APPLICANT SHALL MAINTAIN THE NECESSARY NUMBER OF VALET NUMBERS, VALET RUNNERS ESTIMATED AT NINE.

UM, THAT WAY WHEN WE DO GO TO SUBMIT

[00:35:01]

OUR TDM AND THIS IS ANALYZED, UM, IF IT'S MORE WE CAN PROVIDE MORE AND IF IT'S LESS, UH, WE CAN PROVIDE LESS.

UM, WITH THAT, WE APPRECIATE THE ADDITIONAL TIME AND WE'RE RESPECTFULLY REQUESTING APPROVAL OF THE APPLICATION CONSISTENT WITH STAFF'S RECOMMENDATION AND OUR PROPOSED MODIFIED ORDERS.

AND OUR ENTIRE TEAM IS HERE AVAILABLE FOR ANY QUESTIONS.

ALRIGHT, THANK YOU.

WE'LL START WITH PUBLIC COMMENT.

ANYONE IN CHAMBERS TO SPEAK ON THIS ITEM? NO ONE.

ANYONE ON ZOOM, WE DO HAVE, UH, ONE PERSON WITH HER HAND RAISED, UM, JOHAN MOORE.

AND BEFORE THE PUBLIC, DO ANY BOARD MEMBERS HAVE ANY DISCLOSURES TO MAKE ON THIS APPLICATION? DID ANYTHING? I DON'T THINK SO.

NOPE.

NOPE.

SCOTT, I RECEIVED SOME EMAILS FROM THE APPLICANT.

OKAY.

NO DIRECT.

I BELIEVE I, UM, I, I THINK I SPOKE WITH, UM, IRENE AT THE, UH, MAR DECO NEIGHBOR ASSOCIATION ON THIS.

A SHORT CONVERSATION.

OKAY.

ANYBODY ELSE? I MET WITH THE APPLICANT ON SITE.

OKAY.

I JUST SPOKE WITH, UH, MR. LARKIN YESTERDAY MORNING.

I HAD TWO QUESTIONS.

OKAY.

ALRIGHT.

UH, AND JUST MAKE SURE MR. MOORE WAS SWORN IN.

I DON'T KNOW IF HE WAS, UH, HE WAS NOT.

HI.

HI, JOHANN, 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? MR. MOORE? THERE WE GO.

YES, I DO.

OH, THERE YOU GO.

OKAY.

THANK YOU JOHANN.

YOU HAVE THREE MINUTES.

GO AHEAD, YOUR HONOR.

THANK YOU.

THANK YOU ALL AND GOOD MORNING AND HAPPY NEW YEAR.

UH, UNLIKE MY USUAL PRACTICE OF SPEAKING FROM A POSITION OF NEIGHBORHOOD CONCERNS, UM, I THINK I WANNA OFFER TENTATIVE PRAISE TO THIS PROJECT ON THAT BASIS.

THEY REALLY SEEM TO HAVE, UM, ANTICIPATED, UH, SOME OF THE NEIGHBOR'S CONCERNS IN THAT RESPECT.

SO MY QUESTION SIMPLY, UM, COME FROM, UM, SUSTAINABILITY COMMITTEE, UH, POINT OF VIEW, UM, WHAT GREEN, UH, FEATURES, UH, DOES THIS PROPERTY INCLUDE? DOES THIS DEVELOPMENT PROPOSE TO INCLUDE OR, UH, CAN STILL BE INCLUDED? UM, I'M THINKING GRAY WATER RECYCLING FOR WATERING PLANTS.

I'M THINKING, UH, SOLAR, UH, PANELS ON THE ROOF.

AND I IN PARTICULAR WANT TO ENCOURAGE, UH, GREENING OF THE SETBACKS.

UM, NOT JUST THE DECOR, UH, VINES DRAPING OVER THE EDGE, WHICH ARE OSO ENTICING, BUT WHICH SPECIFICALLY, UH, INSPIRE ME TO URGE THE DEVELOPER TO INCLUDE LARGER PLANTS IN ORDER TO SHADE THE FACADE IN ORDER POSSIBLY ON THOSE, UH, TERRACES, ON THOSE SETBACKS TO ABSORB SOME OF THE RAINWATER RUNOFF BEFORE IT GETS TO GROUND LEVEL.

UH, AND MAYBE EVEN THAT GIVEN THAT IT IS SUCH A, A LARGE COMPLEX THAT IT CONSIDER USING CUTTING EDGE, UH, POLLUTION AND OR TEMPERATURE REDUCING PAINT.

SO I JUST WANTED TO PUT THAT BEFORE THE DEVELOPERS AND THE BOARD, UH, FOR FUTURE QUESTIONS FOR SUCH PROPOSALS AS THEY COME BEFORE YOU.

THANK YOU VERY MUCH.

THANK YOU.

ANYONE ELSE ON ZOOM? THERE IS NOBODY ELSE ON ZOOM WITH THEIR HAND RAISED.

DO YOU WANT TO ADDRESS MR. MOORE'S QUESTION? UM, I'M HAPPY TO.

I I AM APPRECIATIVE OF THE TENTATIVE PRAISE.

UM, , WE'RE NOT USED TO THAT.

UM, BUT WE, WE ARE UNDERSTANDING OF THE RESILIENCY AND, UH, REQUIREMENTS RELATED TO THAT BEING A PROJECT ON A BARRIER ISLAND.

UM, WE AGREE TO STAFF'S CONDITION FIVE 11, WHICH PROVIDES THAT THE DEVELOPMENT SHALL COMPLY WITH THE GREEN RE GREEN BUILDING REQUIREMENTS PROVIDED IN SECTION 7.2 OF THE RESILIENCY CODE.

SO IT'S BUILT INTO OUR ORDER.

ALRIGHT.

NO ONE ELSE ON ZOOM, CORRECT? UH, THAT'S CORRECT.

OKAY.

QUESTIONS, SCOTT, LET'S START.

YEAH.

UM, A FEW QUESTIONS AND COMMENT COMMENTS.

AND I KNOW WHEN YOU, WHEN YOU WERE HERE BEFORE, I MEAN MY CONCERNS WERE, WERE THE, UM, UM, TRAFFIC ON WASHINGTON AND ALSO NOISE.

THOSE ARE MY TWO BIGGEST CONCERNS.

UM, SO I WANT TO HAVE A FEW QUESTIONS AND, AND MAYBE YOU CAN, UM, ALLEVIATE SOME OF THOSE CONCERNS.

UM, I KNOW THE MAIN ENTRANCE IS ON COLLINS AVENUE, UM, BUT OBVIOUSLY THERE'S AN OP, THERE'S AN ENTRANCE ON WASHINGTON AVENUE AND IT'S NOT THE MAIN ENTRANCE, BUT THERE WILL BE PEOPLE COMING AND GOING.

ARE YOU PLANNING ON ANY KIND OF VALET ON WASHINGTON AVENUE FOR THAT ENTRANCE? IN OTHER WORDS, I ASSUME THE MAIN ENTRANCE IS ON COLLINS.

SO THAT'S WHERE YOUR, YOUR, YOUR, MOST OF YOUR GUESTS WOULD BE DROPPED OFF.

BUT WHAT ABOUT WASHINGTON AVENUE? UM, DO THE CHAIR, WOULD YOU LIKE ME TO RESPOND TO EACH QUESTION? YEAH.

AS THEY COME.

OKAY.

OKAY.

UH, SO RIGHT NOW WITH THE PROPOSED STUDY, WE ARE PROPOSING THE VALET STAND TO BE WITHIN THE PROPERTY FROM THE COLLINS DRIVEWAY.

UH, THAT WAY WE CAN HAVE

[00:40:01]

SOME QUEUING WITHIN THE PROPERTY.

UM, IF AT THE TIME OF BUILDING PERMIT, WHEN WE DO OUR TDM, UM, IF THERE'S A NEED VALET ON, UH, WASHINGTON, WE WILL, UH, COORDINATE WITH THE PARKING DEPARTMENT FOR AN ON STREET VALET SPACE WITH LIMITED HOURS.

UH, BUT THE, THE GOAL IS TO MOVE SOME MOST OF THAT TO COLLEGE.

OKAY.

'CAUSE THAT WAS ONE OF MY BIG CONCERNS.

'CAUSE THERE'S ANOTHER HOTEL JUST ACROSS THE STREET, AND IF YOU DRIVE DOWN WASHINGTON EVERY, AT LEAST EVERY TIME I DO, YOU NEED TO CHANGE.

I MAKE A RIGHT TURN, BUT I NEED TO GET IN THE LEFT LANE TO GO AROUND THE CARS THAT ARE STOPPED THERE.

MOST OF IT'S THE VALET.

I SOMETIMES PEOPLE ARE JUST DROPPING OFF, UM, OTHER, OTHER PEOPLE THERE.

UM, I, YOU KNOW, I UNDERSTAND YOU MAY NEED IT, BUT I, I WOULD LIKE TO NOT HAVE A VALET ON WASHINGTON AVENUE.

UM, I DON'T KNOW IF THIS BOARD CAN, IF WE CAN PUT ANYTHING IN THE ORDER ALONG THOSE LINES, BUT, UM, UM, THAT, THAT'S A CONCERN OF MINE AND I THINK THAT WOULD GO A LONG WAY TOWARD, TOWARD, UM, MITIGATING, UM, THAT CONCERN.

UM, WHAT ARE THE, SORRY, WHAT ARE THE NUMBER OF CARS THAT YOU GUYS CAN ACCOMMODATE WITHIN THE, THE, THE CIRCULAR, UH, DRIVEWAY OF, UM, OF, UH, WASHINGTON? OUR, OR CALLING YOU SAID? RIGHT.

OUR TRAFFIC ENGINEER JOAQUIN VARGAS IS HERE.

UM, BASED ON OUR STUDY, WE, WE ESTIMATE THREE UMING MAXIMUM THREE RIGHT.

WITHOUT ANY ENCROACHMENT INTO THE RIGHT OF WAY.

UM, AND WE ARE, YOU KNOW, IF, IF, IF THAT'S THE DIRECTION YOU'D LIKE TO SEE OR WILLING TO WORK WITH THE WASHINGTON AVENUE BID TO COORDINATE A CENTRALIZED VALET, UM, IF NEEDED, HAVE NO VALET.

AND WE CAN ALSO AGREE TO HAVE NO VALET ON WASHINGTON.

THAT'S, I LIKE MICHAEL .

OKAY.

UM, A COUPLE OTHER CONCERNS.

UM, UH, ANOTHER ONE I HAD WAS NOISE OBVIOUSLY, AND I KNOW THERE'S NO ENTERTAINMENT.

UM, BUT YOU ARE, YOU ARE GONNA HAVE OUTDOOR SPEAKERS, SO THERE'S NO OUTDOOR SPEAKERS FOR MUSIC PURPOSES PROPOSED ON THE CURRENT PLANS.

OKAY.

PROPOSED WHERE ON THE PLANS? LIKE, WE'RE NOT ON THE PLANS, WE'RE NOT SHOWING OUTDOOR SPEAKERS.

OKAY.

BUT THERE'S AMBIENT MUSIC.

CORRECT.

BUT IT WON'T BE A SPEAKER, IT'LL BE AN INTERNAL SYSTEM.

OH.

UM, THERE'S NO OUTDOOR SPEAKERS ON THE PLANS.

OKAY.

UM, THE, AT RIGHT NOW, THE, THE COURTYARD ON WASHINGTON AVENUE FOR THE, UH, CAMPTON APARTMENTS, EVERY ONCE IN A WHILE THERE'S SOME KIND OF EVENT THERE AND THE MUSIC'S RATHER LOUD.

WHAT ARE YOU INTENDING TO DO IN THAT SPACE? SO THAT IS ASSOCIATED WITH THE HOTEL'S, UM, SOCIAL WELLNESS SPA.

THEY'RE HOPING TO KEEP THAT AS A PLACE WHERE YOU CAN SIT AND WAIT FOR YOUR TREATMENT.

UM, WHERE YOU CAN TAKE YOUR CUP OF COFFEE OR YOUR CUP OF TEA WHILE YOU'RE WAITING FOR YOUR TREATMENT OR YOUR APPOINTMENT TIME.

UM, IT'S A, A RELAXATION AREA AND ENTRANCE AS YOU ENTER ALMOST TO TRANSFORM AS YOU GO FROM THE BUSY WASHINGTON AVENUE INTO THE CALM, UH, SPA AREA.

SO THERE'S NO ACTIVATION.

THERE IS SEATING, BUT IT'S NOT, UM, IT'S NOT ACTIVATED.

THAT'S FINE.

YEAH.

MY CONCERN IS SPEAKERS LOUD MUSIC AT NIGHT, IT TURNS INTO A LITTLE, UM RIGHT.

OUTDOOR, UM, VENUE.

RIGHT.

NO, IT'S THE OPPOSITE BY THE WAY.

THAT SOUNDS LIKE A GREAT COMMERCIAL.

YOU CAN LEAD THE BUSYNESS OF WASHINGTON TO THE CALMNESS OF THE SPOT.

I LIKE THAT.

UM, SO, UM, AND AGAIN, ALL THESE THINGS, I MEAN, I'M GONNA ASK THAT WE SOMEHOW, HOWEVER IT'S WORDED, BE IN THE FINAL ORDER.

UM, WHAT ABOUT SPECIAL EVENTS? ARE YOU ANTICIPATING HOLDING ANY SPECIAL EVENTS? UM, THERE'S ALREADY A, A CONDITION IN THE ORDER THAT SAYS NO SPECIAL EVENTS.

OKAY.

UM, WITH THE BALLROOM SPACE THAT'S EXEMPT FROM THE SPECIAL EVENT PERMIT REQUIREMENTS, THAT'S THE ONLY LOCATION WHERE WE'RE WORKING.

WELL, AGAIN, MY CONCERN IS MAINLY OUTSIDE, INSIDE.

I MEAN, I, IF IT CAN'T BE HEARD OUTSIDE, I'M, I'M FINE WITH IT.

GO CRAZY.

NO.

UM, AND, UM, NO, AND, AND LIKE YOU SAID, THERE'S NO ENTERTAINMENT ANYWHERE ON THE PROPERTY, NO ENTERTAINMENT, UM, UM, PERMIT.

OKAY.

SO, I MEAN, I'D BE, I'M OKAY WITH THE PROJECT PROVIDED WE CAN INCORPORATE THESE CONCERNS INTO THE FINAL ORDER.

NO, NO.

WHICH IS NOVE AND WASHINGTON, WHICH IS, WELL, A LIMIT ON, ON THE, UM, UM, NO OUTDOOR SPEAKERS.

UM, LIMITING THE COURTYARD CAMPED INTO, AS YOU DESCRIBED IT, WITH NO, UM, UM, I GUESS WE CAN FIGURE NO, NO, NO.

UM, NO ACTIVATION, NO, NO ACT, WELL, NO ACTIVATION.

THAT'S FINE.

AGAIN, MY CONCERN IS, IS NOISE.

'CAUSE RIGHT NOW THEY'RE AT TIMES THAT CAN GET PRETTY LOUD AT NIGHT.

UM, AND THEN, UM, WELL IT'S IN THERE ALREADY, BUT NO SPECIAL EVENTS.

OKAY.

SCOTT, I'M, I'M CONFUSED.

WHAT ARE THE, WHAT ARE THE CONDITIONS? I GOT THE, UM, NOBEL AND WASHINGTON, NO VALE, NO ACTIVATION OF THE, OF THE CAMPTON APARTMENTS COURTYARD.

OKAY.

THAT'S SPECIFIC TO NOISE.

[00:45:01]

SPECIFIC TO NOISE.

OBVIOUSLY THERE'S VISUAL ACTIVATION.

CORRECT.

UM, MAY I, MAY I ASK A QUESTION? YEAH.

UM, ARE THESE SPACES OPEN TO THE PUBLIC? UH, THE SPEAKERS ARE INSIDE, CORRECT? CORRECT.

CAN YOU HEAR THEM FROM OUTSIDE? SO, UH, I, IN OUR SOUND STUDY, THE SOUND ENGINEER DID SPECIFY WHERE NOISE COULD, UH, BLEED INTO THE PUBLIC AREAS.

UM, SO YES, I'M HAPPY TO HAVE HIM IF HE RAISES HIS, HIS VIRTUAL ZOOM HAND TO, TO COMMENT FURTHER.

BUT TO ANSWER YOUR QUESTION, YES.

I JUST THINK SINCE WE'RE TALKING ABOUT NOISE, IT MIGHT BE, I MEAN, MR. CHAIR, WOULD YOU SURE.

IF YOU WANT TO HEAR FROM THE INCIDENT.

I MEAN, I MEAN I, I I FEEL LIKE ARE YOU GOING TO BE ABLE TO HEAR FROM THE TOP HOTEL FLOORS, UM, MUSIC FROM THE ROOFTOP AT ANY POINT? I I, I, I'M CONCERNED ABOUT RESIDENTS, I'M CONCERNED ABOUT HOTEL GUESTS, I'M CONCERNED ABOUT COMPLAINTS.

AND JUST LIKE SCOTT WAS SAYING, I THINK THAT, THAT THOSE ARE LEGITIMATE CONCERNS.

AND IF YOU ARE HAVING IT OPEN TO THE COURTYARD, AND, AND BY THE WAY, UM, THIS PROJECT IS BEAUTIFUL.

IT IS A HUNDRED PERCENT IMPROVEMENT FROM THE LAST PLAN THAT WE SAW AND I, YOUR RENOVATION, YOUR RESTORATION, IT IS OUTSTANDING.

AND I JUST WANTED TO CONGRATULATE YOU ON THAT, SIR.

ALL RIGHT.

SO IS, IS YOUR SOUND ENGINEER ON THE, ON ZOOM IS, HASN'T ANDY SWERDLOW RAISED HIS YES.

UM, ANDY SWERDLOW.

ANDY, IF YOU'D LIKE TO, TO RESPOND TO MS. TON'S QUESTION REGARDING, UM, SOUND FROM EXAM, FOR EXAMPLE, THE ROOFTOP TO THE UPPER FLOORS OR FROM THE, THE POOL TERRACE TO THE POOL DECK, THOSE, THOSE SOUND BOOTH.

SURE.

SO, AND ANDY, BEFORE YOU BEGIN, I'M SORRY, I, I HAVE TO SWEAR YOU IN.

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

YES.

THANK YOU.

SO I'M, I'M A LITTLE BIT CONFUSED ABOUT THE SOURCE OF SOUND THAT IS, IS CONCERNING.

WE, WE'VE BEEN BOUNCING BACK AND FORTH A LITTLE BIT.

COULD WE, YOU START, UM, WITH THE FIRST QUESTION AND MAYBE COULD YOU REPEAT A BIT PLEASE? ARE, ARE YOU SPEAKING TO ME OR DOES SCOTT? YES.

OKAY.

UM, YES.

OKAY.

SO THE FIRST QUESTION IS, IF YOU'VE GOT AN OPEN COURTYARD MM-HMM .

AND YOU'VE GOT SPEAKERS THAT ARE NOT OUTSIDE, SORRY, I'M NOT FEELING FABULOUS.

UM, IF YOU HAVE SPEAKERS THAT ARE INSIDE, BUT THE DOORS ARE OPEN TO THE OUTSIDE, YOU'RE GOING TO BE ABLE TO HEAR THAT, UM, FROM THE OUTSIDE.

AND I THINK THAT WAS SORT OF WHAT SCOTT WAS ALLUDING TO AS WELL.

UM, EVEN THOUGH THERE ARE NO SPEAKERS OUTSIDE, UM, HOW, HOW, WHAT PORTION, HOW FAR WILL THAT NOISE SPREAD? BECAUSE NOISE GOES UP, UM, AND OUT, AND I DON'T WANNA INTERFERE WITH NEIGHBORS TO THE, TO ANY, ANY NEIGHBORS.

MM-HMM.

NEIGHBOR.

MM-HMM .

AND THE SECOND QUESTION IS IN RELATION TO ANY ROOFTOP, UM, HOTEL GUESTS THAT MAY BE AFFECTED BY ANY NOISE FROM THE HOTEL ROOFTOP.

EXCUSE ME.

SO, SO TYPICALLY, WELL THERE, THERE'S ONE FEATURE OF THE POOL COURTYARD THAT IS ADVANTAGEOUS FOR SOUND AND THAT IS THAT IT IS IN A COURTYARD.

AND TYPICALLY IF THERE IS SOME AUDIBILITY OF HOTEL ACTIVITIES, UH, FROM THE ENVIRONMENT INTO HOTEL ROOMS, THAT IS USUALLY MANAGED BY HOTEL STAFF.

AND IF THERE IS A COMPLAINT, THEY CAN COMP A ROOM OR THEY CAN, YOU KNOW, THERE, THERE ARE THINGS THAT THEY CAN DO OR THEY TURN IT DOWN.

AND THAT'S MANAGED INTERNALLY.

WHERE IT'S REALLY A PROBLEM IS WHERE, UH, A NEARBY RESIDENT CAN HEAR THE SOUND.

AND THAT'S WHAT WE FOCUSED ON IN THE SOUND STUDY.

AND THERE'S, BECAUSE OF THE COURTYARD AND THE GEOMETRY OF THAT, UH, SOUND FROM THAT AREA IS BLOCKED FAIRLY EFFECTIVELY.

IT WOULD HAVE TO BE QUITE LOUD, UM, IN THE, IN THE RESTAURANTS AND THE SPACES THAT WHERE AMBIENT MUSIC IS PLANNED TO BE HEARD BY ANY NEARBY RESIDENT.

AND, AND THAT'S, THAT'S A GOOD THING BECAUSE THEY'RE NOT PLANNING FOR IT TO BE THAT LOUD AND, UH, YOU KNOW, FOR, FOR WHAT THEY'RE DOING, IT WOULDN'T MAKE ANY SENSE ANYWAY.

UM, SO THAT'S A GOOD THING.

IF THERE IS A CONCERN ABOUT, UH, INTERNAL HOTEL ACTIVITIES BOTHERING OTHER GUESTS, WE'LL HAVE TO STUDY THAT IN THE FUTURE.

THAT WAS NOT PART OF THE SCOPE

[00:50:01]

OF WHAT WE WERE DOING HERE.

BUT, UH, NEIGHBORS, I'M NOT TOO CONCERNED.

AND I THINK WE SHOWED THAT IN THE SOUND STUDY.

I, ON PAGE NINE, IT SHOWS, UM, ENVIRONMENTAL IMPACT OF SOUND IN THE COURTYARD AND THAT INCLUDES GUESTS SPEAKING AND NOISE FROM PEOPLE ACTIVITIES IN THE COURTYARD.

UM, DOES THAT ANSWER YOUR QUESTION? I MAY HAVE BEEN RAMBLING A BIT, SCOTT.

UM, YEAH.

YES.

AND AGAIN, MY CONCERN WAS JUST NOISE, UM, UM, PERMEATING THE NEIGHBORHOOD COMING OUT OF THE HOTEL, UM, AND MM-HMM LIKE WITH ALL THESE PROJECTS THAT WE SEE AND ALL THE SOUND STUDIES, IF THEY FOLLOW THE SOUND STUDIES, UM, AND, AND DO EXACTLY WHAT THEY SAY AND SET UP THE SPEAKERS THAT WAY AND KEEP WHATEVER LIMIT ON ON THE SOUND, YEAH, THE NEIGHBORHOOD'S GONNA BE FINE.

THE PROBLEM COMES IN DOWN THE LINE WHEN MAYBE THE RESTAURANT'S NOT DOING AS WELL OR THE HOTEL'S NOT DOING AS WELL AND THEY TURN THE DIAL UP A LITTLE BIT.

THAT'S WHEN THE PROBLEM COMES IN.

WELL, I GUESS WOULD THERE BE ANY, SO WOULD THERE BE ANY, ANY ISSUE WITH ADDING IN A PROVISION? IT DOESN'T SOUND LIKE THIS WOULD MATTER TO YOU, BUT JUST THAT NOISE, YOU KNOW, MUSIC FROM THE HOTEL SHOULD NOT BE AUDIBLE FROM OUTSIDE THE BOUNDARIES OF THE HOTEL.

I THINK YOU'VE GOT A HUNDRED FEET IN THERE.

AM I WRONG? AND THAT'S GONNA BE, HAVE TO BE REALLY LOUD.

THAT'S ACTUALLY A, I DIDN'T THINK OF THAT.

AND THAT'S AN EXCELLENT POINT.

I MEAN, THAT SHOULD BE THE CASE.

THAT'S WHAT IT IS NOW FOR THE GOOD TIMES.

SO THE, THE SOUND SHOULD BE HEARD.

IF I COULD JUST CLARIFY ONE POINT TOO.

SO JUST TO BE CLEAR, I BELIEVE THE APPLICANT DOES HAVE SPEAKERS OUTDOORS.

THEY DO HAVE SPEAKERS ON THE ROOFTOP, HOWEVER, UM, EVEN INDOORS, THERE'S NO ENTERTAINMENT LEVEL MUSIC PROPOSED.

CORRECT.

SO EVEN INDOORS, THE MUSIC WILL BE PLAYED AT BACKGROUND LEVELS AND OUTDOORS AT, AT BACKGROUND LEVELS, UM, DURING THE HOURS THAT THEY PROPOSED.

I THINK IF THE BOARD WANTS TO LIMIT MUSIC OUTDOORS, THEN THAT SHOULD BE SPECIFIED FURTHER.

WHERE, FOR EXAMPLE, IF THEY WANNA ALLOW THE, THE ROOFTOP TO BE OPEN ON THE WEEKENDS TILL A CERTAIN TIME THAT THE MUSIC STOPPED, YOU KNOW, EARLIER THAN THAT IF THAT'S A CONCERN.

BUT I'M CONFUSED.

I THOUGHT YOU SAID THERE WERE NO OUTDOOR SPEAKERS FOR MUSIC.

THAT WAS MY UNDERSTANDING.

IF, IF THE PLANS SHOW OTHERWISE WE CAN LOOK AT THAT OVER AGAIN.

THAT'S SORRY IF THAT, IF THAT'S THE CASE, I, I WAS AWARE IF THAT, IF THAT'S THE CASE, THEN I THINK THAT ADDRESSES I AGREE ALL THE ISSUES.

BECAUSE IF THE, IF THERE'S NO ENTERTAINMENT INDOORS, IT'S ONLY AMBIENT BACKGROUND MUSIC, THEN EVEN WITH THE DOORS OPEN, THAT SHOULD NOT BE SOMETHING THAT SPILL OVER RIGHT AWAY.

I THINK THE A HUNDRED FEET SHOULD BE STANDARD FOR WHAT WE HAVE WITH THE GOOD TIME HOTEL.

JUST TO, JUST TO HEAD OFF AT THE PASS AND LIMIT, I, I'M NOT A FAN OF 2:00 PM I MEAN 2:00 AM UM, LOOK, I WANT EVERYBODY TO BE SUCCESSFUL.

I LOVE THIS PROJECT.

UM, I, I IS IS CAN YOU LIMIT THE HOURS? AND I THINK THAT'S SOMETHING, WELL, ELIZABETH, BUT LET ME ASK SOMETHING.

WHAT IF, IF THERE'S NO CONCERN ABOUT NOISE, WHY, WHAT'S THE ISSUE THERE? WELL THEN WHY ARE WE HAVING TWO 2:00 AM ROOFTOP? BECAUSE THEY WANT BE ABLE, I THINK IF YOU GUYS CAN BRING UP THE PLAN, I THINK ONE OF THE, ONE OF THE REASONS WHY WE'RE LESS CONCERNED WITH THAT 2:00 AM ROOFTOP ON THE WEEKENDS IS THAT THE ROOFTOP AREA IS INTERNAL TO THE SITE.

RIGHT.

THAT'S, YOU HAVE IT, YOU HAVE IT BUFFERED BY CONTAINED THE COURTYARD TO THE EAST.

YOU HAVE BUFFERED BY THE, IT'S CONTAINED ROOFTOP, IT'S CONTAINED.

SO YOU HAVE THE, YOU HAVE THE, THE SOLID WALL CONSTRUCTION OF THE, OF THE ENCLOSED AREA ITSELF.

SO WE DO BELIEVE THAT THAT'S, THAT'S CONTAINED AND THEN WITHOUT HAVING OUTDOOR SPEAKERS.

RIGHT.

I THINK THAT ADDRESSES ABOUT HOW ALE WOULD BE WELL TAKEN IF IT WASN'T FOR THAT.

BUT THAT'S THE ONLY REASON I HAVE.

BUT HOW, HOW ARE YOU WANT TO HAVE AMBIENT MUSIC OUTDOORS? IT'D BE, YOU'RE NOT GONNA HAVE ANY SPEAKERS HOW TO EXPLAIN THAT.

SO WE, WE DID NOT PROPOSE SPEAKERS ON THE PLAN.

UM, WE ANTICIPATE THAT IF THERE'S MUSIC PLAYING YOU CAN HEAR IT.

UM, THAT'S WHY WE SAID THE POSSIBILITY OF AMBIENT OUTDOOR MUSIC.

BUT WE DID NOT PROPOSE LIKE WE'RE GONNA PUT A SPEAKER HERE OF SPEAKER.

ARE YOU SAYING EMILY, THAT THE MUSIC FROM THE INSIDE WILL BE CARRYING TO THE OUTSIDE? IS THE WAY YOU'RE GETTING ON ALL MUSIC ON THE OUTSIDE IF IT CAN'T CORRECT.

YOU DID SAY AT ONE POINT THAT YOU THOUGHT THAT YOU MIGHT ANTICIPATE COMING BACK FOR SOME LIVE ENTERTAINMENT, CORRECT.

OF ONLY THE, UH, BALLROOM SPACE.

SO ON THE INTERIOR OF HADDEN HALL, UH, WE ARE PROPOSING A BALLROOM SPACE.

I'M TRYING TO CLICK TO IT.

UM, HOWEVER, WE DID NOT PROPOSE, UH, A BUILD OUT OF THE SPACE.

SO WE DON'T KNOW WHERE THE STAGE IS GONNA BE.

WE DON'T KNOW HOW SOUND WILL BE CAPTURED BY THE DOORS.

UM, WE DON'T HAVE A SPEAKER PLAN, SO WE DID NOT WANT TO COME TO THIS BOARD SAYING LIVE ENTERTAINMENT

[00:55:01]

WHEN WE DIDN'T HAVE IT MAPPED OUT.

RIGHT.

YOU'D HAVE COME BACK FOR THAT.

THAT WOULD BE ONLY LIVE ENTERTAINMENT.

SO IF YOU HAVE, FOR EXAMPLE, A RECEPTION YOU'D LIKE A VIOLIN, SOMETHING LIKE THAT, IT'S NOT.

OKAY.

SO BASICALLY ON WHAT WE'RE SEEING AND WHAT WE'RE HEARING IS THE ONLY PEOPLE THAT WOULD BE AFFECTED BY ANY NOISE AT THIS POINT WOULD BE THE GUEST AT THE HOTEL BASED ON THE WAY YOU GUYS HAVE LAID OUT THE PLAN, RIGHT? CORRECT.

IS THAT PRETTY MUCH WHAT THAT'S THAT'S WHAT IT SOUNDS LIKE? YES.

ALRIGHT, WELL THAT'S, THAT, THAT'S PROVIDED THAT WE AGREE ON THAT THERE'S NO OUTDOOR SPEAKERS APPROVED AS PART OF THIS REVIEW.

RIGHT.

WOULD CONVERSATION LEVELS WITHIN THE RESTAURANTS BEING OPEN UNTIL TWO, FORGET ABOUT THE MUSIC, BUT YOU HAVE LOUD PEOPLE THAT ARE OUTSIDE ON THE TERRACE OUTSIDE AND THEY'RE TALKING REALLY LOUD.

THE ONLY PEOPLE THAT WILL BE HEARING THAT IS LIKELY TO BE THE GUEST IN THE HOTEL.

CORRECT? IS THAT WHAT WE'RE UNDERSTANDING? I DON'T HAVE IT.

THAT'S CORRECT.

ALRIGHT.

YOU DO HAVE THAT BUFFER.

YOU HAVE THE BUFFER ALL THE WAY AROUND THE, UM, THE ROOFTOP.

RIGHT.

AND THEY'LL BE COMPING A LOT OF ROOM IF THAT HAPPENS.

UM, I JUST WANTED DO A LITTLE MORE ORDER TO THIS.

SO SCOTT, WERE YOU FINISHED? I THINK MICHAEL, WE WERE GOING OVER WHAT I'D LIKE TO SEE IN THE FINAL ORDER.

OKAY.

YOU WANNA CONTINUE WITH THAT? WE, WE, WE MENTIONED NOVE AND WASHINGTON.

WE MENTIONED NO ACTIVATION OF THE, UM, THE COURTYARD WHERE THE CAMPTON, UM, APARTMENTS ARE NOW COURTYARD AT FRONTS WASHINGTON AVENUE.

SO TO CLARIFY, THAT'D BE LIKE NO, NO VENUES, THEY COULD HAVE, THEY COULD HAVE SORT OF OUTDOOR SEATING FOR HOTEL GUESTS, CORRECT.

BUT NOTHING, NO ACTIVATION IN TERMS OF RESTAURANT SPACE OR, UM, UM, SPACE THAT WOULD COUNT AS, UM, UM, YEAH.

UM, A PART OF A VENUE.

CORRECT.

OKAY.

UM, WE KNOW THAT, UM, THERE'S, IT'S ALREADY IN THERE, BUT NO SPECIAL EVENTS AND THERE'S NO ENTERTAINMENT PROVO PRO PROPOSED.

UM, I, I WOULD LIKE TO SEE IF, IF THEY'RE OKAY WITH IT, UH, SAYS SOMETHING THAT SAYS NO OUTDOOR SPEAKERS.

I KNOW THAT WAS KIND OF UNCLEAR, BUT IF, IF BUT IS IT NO OUTDOOR SPEAKERS OR NO OUTDOOR SPEAKERS WITH MUSIC? I WANNA MAKE SURE I UNDERSTAND.

I MEAN, BECAUSE THEY, THEY WILL HAVE OUTDOOR SPEAKERS, THEY HAVE LIFE SAFETY SPEAKERS, BUT THEY'RE COMMITTING NOT TO PUT MUSIC IN.

BUT I'LL LET YOU SPEAK.

LET'S, LET'S SEE.

CORRECT.

SO THERE, THERE WILL BE LIFE FOR LIFE SAFETY PURPOSES IF SPEAKERS ARE NEEDED, FIRE ALARM REQUIREMENTS.

BUT WE'RE NOT PROPOSING ON, ON THE PLAN.

WE DID NOT SHOW SPEAKER LOCATIONS.

UM, THAT'S NOT PART OF THIS PROPOSAL TODAY.

WELL, I I GUESS THE QUESTION IS, IS IN THE FUTURE, IF YOU DID WANT, 'CAUSE YOU'RE GETTING APPROVAL FOR AMBIENT MUSIC OUTDOORS IN THE FUTURE, IF YOU DID WANT TO PLAY AMBIENT MUSIC OUTDOORS, YOU WOULD NEED TO INSTALL SPEAKERS, RIGHT? MM-HMM .

AND SO WOULD YOU THEN NEED TO COME BACK TO US, GET APPROVAL.

YES.

YOU'D HAVE TO MODIFY THE CP.

OKAY.

YEP.

OKAY.

AND THEN THE, THE LAST ONE IS, UM, A CONDITION THAT SAYS THE, UM, NOISE FROM THE HOTEL OR MUSIC, WHATEVER IT IS, CAN'T BE PLAINLY AUDIBLE ON THE WEST SIDE OF WASHINGTON AVENUE.

THAT, AND THAT SHOULDN'T BE A PROBLEM SINCE THERE'S NO ENTERTAINMENT LEVEL MUSIC PROPOSED OUTDOORS, SO, RIGHT.

BUT YOU CAN PUT THAT IN AS WE PUT THAT IN.

OKAY.

CAN I ASK, WHAT'S THE POINT OF US APPROVING AMBIENT MUSIC NOW IF THEY'RE NOT ABLE TO HAVE AMBIENT MUSIC? UNLESS THEY COME BACK TO US WITH A PROPOSAL FOR SPEAKER? NO, NO.

THEY CAN HAVE AMBIENT MUSIC, BUT, BUT THEY DON'T HAVE SPEAKERS OUT THERE INSIDE.

BUT IT'S CARING FROM THE INSIDE.

IF THEY KEEP THE INSIDE, NOT THE INSIDE CARRY FROM, BECAUSE IT'S CARING FROM THE INSIDE.

RIGHT.

THAT TRUE.

BY THE WAY, INSIDE FOR THIS BEAUTIFUL HOTEL, YOU'RE NOT INCLUDING SPEAKERS FOR THE POOL.

SO WE DIDN'T WANT TO INCLUDE, UM, WE DIDN'T WANT TO MUDDY THIS PROJECT.

WE THINK IT IS BEAUTIFUL.

ARCHITECTURALLY, THE PRIORITY WAS RESTORATION OF HADDEN HALL.

THE PRIORITY WAS THE, THE LANDSCAPING AND THE FLOW OF THE SITE AND MAKING IT WORK AS A NEW ASSEMBLAGE.

RIGHT? IT'S CALLED GOOD TYPE.

IT WAS NOT ENTERTAINMENT.

SO WE DID NOT WANNA COME BEFORE YOU SAYING, WE'RE GONNA PLOP SPEAKERS HERE, HERE, HERE, WHEN THAT'S NOT WHAT WE'RE PROPOSING.

THE SOUND STUDY INCLUDED, UM, BOTH NOISE AND, UH, SPEAKING INTO THEIR ANALYSIS.

AND WE'RE IN AGREEMENT WITH THE PEER REVIEWERS REDUCTION OF OUR DBA, UH, FROM THE SEVENTIES TO THE SIXTIES.

UH, BUT WE ALSO WANT THE OPPORTUNITY THAT IF WE OPEN THE POOL TERRACE, OPEN IT, AND THERE'S MUSIC PLAYING.

YOU COULD HEAR IT ON THE POOL TERRACE IF YOU'RE IN THE POOL BAR, AND VICE VERSA.

SO THAT'S WHY IT'S IMPORTANT TO HAVE AT LEAST SOME THAT IF YOU'RE STANDING IN THE COURTYARD, YOU CAN HEAR THE MUSIC WHEN YOU'RE WITHIN THE SITE.

IT'S PART OF THE OVERALL AESTHETIC AND VIBE OF THIS TRANQUIL RESTORATION KEYWORD.

TRANQUIL.

YES.

TRANQUIL.

FINISHED, SCOTT.

OKAY.

GOOD POINTS, MATTHEW.

OKAY.

UH, FIRST, UM, THANK YOU FOR TAKING ME ON A TOUR OF THE SITE.

UM, I KNOW ONE OF THE MAJOR CONCERNS THAT I HAD WAS THE SIDEWALK CONDITION ALONG WASHINGTON AVENUE.

UM, AND SO IN FACT, I WOULD ASK, COULD YOU GO OVER THAT? I KNOW THAT YOU SHOWED SOME, UM, YOU SHOWED, UH, A PLAN AND A RENDERING, BUT COULD YOU TALK ABOUT WHAT THE PREVIOUS CONDITION WAS PROPOSED, WHAT IT IS NOW, AND WHAT THE WIDTH WOULD BE ALONG THE SIDEWALK? I KNOW LAST TIME IT WAS

[01:00:01]

FIVE FEET OF CLEAR SPACE, AND THAT WAS A CONCERN OF, OF MYSELF AND SOME OF MY COLLEAGUES AS WELL.

IT LOOKS LIKE IT'S SUBSTANTIALLY IMPROVED.

COOL.

12 NINE.

YEAH.

YEAH.

12 FOOT TO THE, UH, TO THE FIRST, UH, STEP THAT LEADS UP TO THE ELEVATED, UM, UH, TERRACE, UH, DINING TERRACE THERE.

UM, SO WE ARE, YOU KNOW, GIVING A, GIVING AMPLE SPACE THERE FOR CIRCULATION, BECAUSE WHEN EMILY AND I WERE WALKING IT, IT WAS, IT WAS CROWDED.

IT WAS A, A WEEKDAY, UH, EARLY AFTERNOON, AND IT WAS ALREADY PRETTY CROWDED OUT THERE.

SO IT, IT IS, YOU KNOW, VERY IMPORTANT THAT WE MAINTAIN AT LEAST WHAT'S THERE TODAY, WHICH SOUNDS LIKE WE ARE.

UM, SO THANK YOU FOR THAT.

AND ALSO, I, I THINK IT'S A GREATLY IMPROVED GOING FROM THE MICRO UNITS OF, OF ROUGHLY 200 SQUARE FEET TO, TO 300 AND, UH, AND 30 SQUARE FEET.

AND THOSE ARE MORE NORMAL SIZED UNITS.

I THINK THAT WAS ONE OF THE HUGE CONCERNS THAT ALMOST EVERYONE UP HERE HAD.

AND, UH, ONE OF THE REASONS WHY WE, WE, YOU KNOW, WEREN'T READY TO APPROVE IT BACK THEN.

SO THANK YOU FOR, FOR CHANGING THAT.

UM, TO JONATHAN'S POINT, I, I'M CONFUSED.

I'M READING THE DRAFT ORDER HERE AND, AND I'M CONFUSED ABOUT, ABOUT THE SPEAKERS AND THE AMBIENT OUTSIDE MUSIC.

THE WAY THAT I READ IT RIGHT NOW IS THAT IF WE WERE TO APPROVE THIS, THIS DRAFT, THIS DRAFT ORDER, UH, OUTDOOR MUSIC OR OUTDOOR MUSIC AT AN AMBIENT LEVEL IS PERMITTED WHETHER OR NOT THERE'S, THERE'S SPEAKERS ON THERE.

SO, UH, YOU KNOW, I'M LOOKING AT, UM, AT LETTER D AND E, UH, AND F YOU KNOW, D TALKS ABOUT THAT, YOU KNOW, ENTERTAINMENT IS, IS PROHIBITED AND ALL INDOOR OUTDOOR AREAS, EXCEPT THAT RECORDED BACKGROUND MUSIC PLAYED AT A LEVEL THAT DOES NOT INTERFERE WITH NORMAL CONVERSATIONS SHALL BE PERMITTED.

AND THEN , THAT, THAT'S, THAT'S CORRECT.

THAT'S, WE DRAFTED THE ORDER WITH THE UNDERSTANDING THAT THERE WERE GONNA BE OUTDOOR SPEAKERS, BUT IF THE BOARD IS NOW SAYING THEY DON'T WANT OUTDOOR SPEAKERS, THEN OF COURSE WE'LL MODIFY THOSE CONDITIONS ACCORDINGLY AND, UM, NOT ALLOW OUTDOOR SPEAKERS EXCEPT FOR, YOU KNOW, LIFE SAFETY PURPOSES.

OKAY.

SO I THINK THAT'S WHY JONATHAN ALSO WAS A LITTLE BIT UNCLEAR BECAUSE THE WAY IN WHICH IT'S WRITTEN RIGHT NOW, IT WOULD BE RIGHT.

THAT'S, THAT'S WHAT OUR UNDERSTANDING WAS, THAT THEY WOULD HAVE OUTDOOR MUSIC AT AN AMBIENT BACKGROUND LEVEL.

BUT THEY'RE SAYING THAT THEY'RE OKAY RIGHT NOW WITH NOT HAVING THAT.

'CAUSE I THINK THEY WANNA COME BACK TO THE BOARD WITH SOME MODIFICATION TO INCLUDE MAYBE SOME LIVE ENTERTAINMENT IN CERTAIN AREAS.

SO I BELIEVE THAT THEY'RE ASKING FOR APPROVAL NOW WITH NO OUTDOOR SPEAKERS, AND THEY'LL COME BACK TO THE BOARD WITH A MODIFIED, UM, SPEAKER PLAN AND PROPOSAL FOR WHERE THAT MAY OCCUR ON THE PROPERTY.

OKAY.

'CAUSE I, I WILL SAY THAT, IS THAT CORRECT? CORRECT.

DO YOU AGREE WITH THAT? OKAY.

SO CAN WE INCLUDE A, AN AMENDMENT TO THE ORDER THAT SAYS, YOU KNOW, OTHER THAN LIFE SAFETY SPEAKERS, NO OUTDOOR SPEAKERS SHALL BE PERMITTED UNLESS, UH, THE APPLICANT RETURNS TO THE BOARD FOR APPROVAL? YEAH, SURE.

YES.

SO IN TERMS OF THE, THE POOL, THE POOL DECK AREA ON THE GROUND, I ACTUALLY DON'T HAVE ANY, ANY ISSUE WITH, WITH OUTDOOR, UH, YOU KNOW, AMBIENT LEVEL, LOW LEVEL MUSIC THERE.

I KNOW THAT SOME OF MY COLLEAGUES DO.

SO I THINK WE'RE GONNA, WE'RE GONNA STICK WITH, WITH THE NO OUTDOOR MUSIC, BUT I AM SLIGHTLY CONCERNED ABOUT THE ROOFTOP, UH, ACTIVATION.

UH, YOU KNOW, 150 SEATS, OUTDOOR TERRAS ON THE SEVENTH LEVEL, UM, OUT TO 2:00 AM I'M JUST, I'M SLIGHTLY CONCERNED THAT THAT COULD LEAD TO WHETHER THERE'S MUSIC OR NOT.

JUST THE VOLUME OF 150, POTENTIALLY 150 PEOPLE OUT THERE THAT COULD LEAD TO, UH, UH, YOU KNOW, NOISE TRAVELING TO, TO SOME OF THE AREA RESIDENTS.

SO I, I JUST WANT TO PUT THAT OUT THERE FOR MY COLLEAGUES, IF ANYONE ELSE HAS ANY CONCERNS ABOUT THAT.

UM, BUT OTHERWISE, I, I THINK THAT, THAT YOU HAVE TAKEN OUR FEEDBACK AND YOU WENT TO THE DRAWING BOARD AND, AND YOU, AND YOU ALL HAVE, UH, ADDRESSED MOST OF THE FEEDBACK.

SO, UH, THANK YOU FOR THAT.

AND IT'S A GREATLY IMPROVED PROJECT.

HEY, MATT, I THINK IT'S, I THINK HE SAID IT WAS BUFFERED ALL YEAR.

I THINK MAYBE IF YOU GUYS CAN PULL UP THE PLAN TO SHOW ON THE OVERALL SITE PLAN WHERE THAT ACCESSIBLE ROOFTOP DECK IS LOCATED, THAT'S A GOOD AREA.

THIS ONE? NO, THE, THE OVERALL SITE PLAN.

THE OVERALL SITE PLAN THAT SHOWS THE ROOFTOP THERE, THE, WITH THE ROOF LEVEL, MAYBE SEVEN.

I THINK IT'S, I CLICKED, BUT THEN IT DOESN'T CLICK.

SO AS WE WAIT FOR THE PLAN TO, TO CATCH UP, UM, YOU KNOW, WE, THE, THE, THE BAR WILL BE ENCLOSED, RIGHT? SO THAT'S INDOORS MM-HMM .

UM, AND THERE IS BOTH, UH, IT IS BOTH ENCLOSED AND SEPARATED.

THERE'S ALSO A CORRIDOR, UH, A GUEST CORRIDOR THAT SEPARATES THAT FROM, UH, FROM THE ACTUAL EXTERIOR FACADE.

SO THERE'S QUITE A FEW BUFFERS THERE.

UM, AND THEN, UM, AND THEN OBVIOUSLY WE ARE TRYING TO OBVIOUSLY SHIELD THE WEST SO THAT WE'RE FOCUSING MORE, BUT HOW ABOUT TO THE EAST AS WELL? THE EAST IS REALLY LOOKING TOWARDS THE BEACH.

AND SO THAT IS NOT BUFFERED, THAT IS TRYING TO MAINTAIN THOSE VIEW LINES IN THE, IN THE CORRIDOR TO THE BEACH FRONT.

[01:05:01]

THAT'S HENCE THE KIND OF THE GOAL FOR THIS.

SORRY, YOU HAVE THE A HUNDRED FOOT BUFFER OF THE, UM, ADJACENT BUILDING TO THE SOUTH, WHICH ARE PART OF WITH NO ACTIVATION, RIGHT? AND THEN YOU HAVE THE COURTYARD PLUS THE HAYDEN HALL SITE.

SO THAT'S A BIG BUFFER BEFORE YOU GET TO COLLINS AVENUE.

UM, SO THAT, THAT'S, THAT'S WHERE OUR CONCERN IS, IS LESS.

SO I DO THINK THAT, YOU KNOW, THAT, UM, ALSO HAVING, THERE'S A PULL UP THERE, RIGHT? SO THAT DOES LIMIT THE OCCUPANCY.

UM, IN TERMS OF LIKE A CONGREGATION AREA, I DUNNO IF YOU WANT TO ADD SOMETHING ELSE, IS THAT'S ALSO SEEDING ON THE, ON THE, UM, THE LOWER LEFT? THAT IS CORRECT.

YEAH.

MAYBE SOMETHING COULD BE DONE THERE TO SORT OF BREAK UP THAT, UM, THAT MASSIVE SEATING OR IT DEFINITELY LOOKS LIKE AN AMBITIOUS SEED COUNT FOR THE, FOR THE ROOFTOP.

I DON'T KNOW WHAT WHAT IS IN MIND THERE, BUT, UM, YOU KNOW, I'M JUST, UH, I'M, I'M PUTTING THAT OUT THERE.

I KNOW THERE ARE SOME RESIDENTIAL TOWERS TO THE EAST AND NO EAST DOES TRAVEL.

I'M, I'M JUST TRYING TO THINK OF POSSIBLE SCENARIOS HERE THAT, THAT COULD COME INTO PLAY IN THE FUTURE IF THIS WAS BUILT AS, AS, UH, AS PRESENTED HERE.

SO WE HAD RECOMMENDED, UM, CLOSING THAT OUTDOOR AREA AT MIDNIGHT, SEVEN DAYS A WEEK.

THE APPLICANT'S REQUESTING TO CLOSE IT AT MIDNIGHT, UM, SUNDAY THROUGH WEDNESDAY, I BELIEVE, AND THEN HAVE IT OPEN TILL 2:00 AM UM, THURSDAY THROUGH SATURDAY NIGHTS.

YEAH.

SO THIS MIGHT BE SOMETHING THAT'S REVIEWED DURING THE PROGRESS REPORT.

IF, UH, YOU KNOW, OBVIOUSLY WE, WE ALL, THE SEVEN OF US HAVE TO HAVE TO GO THROUGH EACH OF THE, THE REQUESTED CHANGES AND SEE IF WE, YOU KNOW, IF WE AGREE WITH OR NOT.

UH, THE ROOFTOP ONE, YOU KNOW, I THINK PROBABLY NEED TO DISCUSS A LITTLE FURTHER ABOUT THAT 2:00 AM VERSUS MIDNIGHT.

UM, OTHER THAN THAT, UM, AND YOU KNOW, I THINK THE, I DEFINITELY LIKE THE RESTORATION OF THE HISTORIC HOTEL.

UM, THE, THE ROOFTOP ADDITION IS NOT IN OUR PURVIEW, CORRECT, MICHAEL? WELL, THE WHOLE, THE WHOLE PROJECT IS BEFORE YOU, UM, SO YOU CAN COMMENT ON IT, BUT IT'S MORE SO IN TERMS OF THE APPROPRIATENESS OF IT IS GONNA BE REVIEWED BY THE HISTORIC PRESERVATION BOARD.

OKAY.

SO, SO WE'LL LEAVE THAT TO, TO THAT.

UM, QUESTION FOR YOU THOUGH, MICHAEL, CAN WE PUT IT ANY CONDITION ABOUT THE, OR IS IT ABOUT THE MINIMUM SIDEWALK WIDTH ON WASHINGTON? OR IS THAT BECAUSE IT'S PRESENTED IN THE PLANS AS THE WELL, THEY'RE NOT, THEY'RE NOT ASKING FOR, UM, I THINK PREVIOUSLY THEY WERE ASKING FOR A VARIANCE FROM THE HISTORIC PRESERVATION BOARD.

I BELIEVE THAT'S BEEN WITHDRAWN.

OKAY.

SO, UM, THE PLANS ARE PRESENTING FOR YOU, IT'S CLEAR IN THE REPORT THAT THEY'RE COM THAT THEY'RE NOT ENCROACHING INTO THE, UM, RIGHT OF WAY.

SO IF THEY WERE TO COME BACK, WE WOULD JUST LOOK AT THIS AND SAY, NO, THIS IS NOT WHAT WAS PRESENTED.

YOU WOULD'VE TO GO BACK TO THE PLANNING BOARD.

SO YOU'VE TO COME BACK TO THE PLANNING BOARD.

YEAH.

IF THEY WERE, I DON'T THINK THAT, ESPECIALLY SINCE IT'S MID MADE AS AN ISSUE.

SO WE'RE NOT GONNA PROVE, UM, A BUILDING PERMIT PLAN THAT SHOWS NOW ENCROACHMENT INTO THE RIGHT OF WAY.

OKAY.

WELL THEN THANK YOU.

THAT'S IT FOR ME.

ALRIGHT, JOHN, ANYTHING ELSE? UM, YEAH, SO THE ON ESPANOLA WAY, THERE'S GONNA BE, IT'S, IT THE, ON THE SIDE WHEN YOU'RE WALKING BY THE SIDEWALK, IT'LL BE RAISED UP AND THERE WILL BE, THAT'S WHERE THE SPA ENTRANCE IS.

COR IT'S, IT'S NOT EXACTLY IN FRONT OF WHERE ESPANOLA WAY THE PEDESTRIAN PART ENDS.

IT'S A LITTLE BIT TO THE SOUTH OF IT, BUT NO, I MEAN THAT'S THE STREET.

I MEAN, ESPANOL WAY IS TO THE SOUTH OF THE PROPERTY.

THERE'S, WE DON'T ACTUALLY BORDER ESPANOLA.

YEAH, NO, HE'S JUST SAYING THAT THAT'S THE CLOSEST STREET IS WHAT HE IS MEAN, JUST RIGHT WHERE THE TRAFFIC REFERENCE.

RIGHT.

AND I GUESS I'M JUST SAYING FOR ON THE SIDE OF THE, WHERE THE, UH, SPA ENTRANCE IS, OR WAS IT THE SPA ENTRANCE OR THE, OR WASHINGTON THAT'S RAISED UP AND HAD LIKE VINES DRAPING ON THE SIDES.

THE, THE SPA ENTRANCE IS THE CAMPTON APARTMENT, WHICH IS, WHICH IS CLOSEST TO, TO ESPANOLA.

UHHUH OF WASHINGTON IS SLIGHTLY RIGHT.

AND I GUESS MY, MY CONCERN THOUGH IS THAT IF THERE'S NO, IF YOU DON'T HAVE THOSE AS PICTURED, THE WAY YOU HAVE IT IN THE PICTURE, THERE'S VINES DRAPING ON THE SIDE.

IF YOU DON'T HAVE THOSE VINES DRAPING ON THE SIDE, YOU'RE GONNA HAVE PEDESTRIANS JUST STARING INTO A WALL.

AND IT'S NOT REALLY A PLEASANT PEDESTRIAN EXPERIENCE.

AND SO I WOULD WANT TO INCLUDE SOME REQUIREMENT THAT YOU HAVE, UM, YOU KNOW, 'CAUSE WE WANNA MAINTAIN THE LIVELY NATURE OF THOSE STREETS AND, AND PEDESTRIAN FRIENDLY NATURE OF IT.

I DON'T WANT PEOPLE JUST STARING AT A BLANK WALL AND THERE WILL BE GRAFFITI AND WHATEVER.

SO IS THERE ANY WAY TO, TO ENSURE THAT YOU WILL HAVE SOME SORT OF FOLIAGE OR GREEN WALL LANDSCAPE, WALL GREENERY THERE.

UM, AND THEN ALSO MAKING SURE THAT THE, YOU KNOW, WINDOW WINDOWS ARE NOT, YOU KNOW, CLOSED OFF WITH CURTAINS OR ANYTHING LIKE THAT.

I THINK IT'S PROBABLY YOUR INTENT TO HAVE THAT OPEN, BUT JUST WANNA MAKE SURE THAT THAT'S OKAY WITH YOU ALL.

UM,

[01:10:01]

WE'RE, WE'RE HAPPY TO AGREE TO MAINTAIN PLANTINGS ON THE PORTIONS OF THE WASHINGTON FACADE THAT DON'T HAVE STEPS.

RIGHT.

OKAY.

PERFECT.

I WOULD ALSO JUST ADD, WE, WE HAVE, UH, SPECIFICALLY LOWERED THAT WALL.

UM, IT'S NOT SOLID ALL THE WAY TO THE GUARDRAIL HEIGHT.

MM-HMM .

SO WE HAVE LOWERED IT ENOUGH TO PROVIDE SOME, SOME PRI LEG PRIVACY ZONE, BUT THEN OPENED IT UP SO THAT WE HAVE VISIBILITY, UH, INTO THE RESTAURANT, INTO THE DINING AREA.

THAT IS INSTEAD OF BEING A FULL HEIGHT, UH, GUARD GUARDRAIL HEIGHT.

OKAY.

AND CAN WE PUT SOMETHING IN IT ABOUT, I MEAN, WHAT MAKES A BIG DIFFERENCE FOR I THINK FOR ALL OF US IS THE ROOM SIZE, THE HOTEL ROOM SIZE.

THAT WAS AN ISSUE BEFORE.

UM, AND SO THERE'S NOTHING IN THE ORDER SAYING, REQUIRING THAT.

I MEAN, IS THERE ANYTHING, I MEAN, THE, THE BOARD CAN PUT A CONDITION IN STATING THAT THE ROOM SIZES SHALL NOT SUBSTANTIALLY DEVIATE OR BE LOWER THAN WHAT'S BEEN PRESENTED.

THAT OKAY.

I'D THAT'D BE GOOD.

LET'S DO THAT.

AND THEN, UM, I GUESS ONE THING, I HAD A CONCERN, UH, ABOUT THE VALE ON WASHINGTON AND NOT HAVING IT, SO HERE, JUST TO PLAY DEVIL'S ADVOCATE HERE, UH, IF, YOU KNOW, WHAT IF, I MEAN THEY CAN ONLY HAVE THREE CARS IN THIS CIRCLE ON COLIN'S SIDE AT A TIME.

AND WHAT IF YOU CAN HAVE LIKE 20 VALET GUYS, BUT YOU, YOU KNOW, YOU CAN'T MAKE THOSE CARS MOVE ANY QUICKER WHEN PEOPLE ARE GETTING OUT AND GOING INTO THE BALLROOM.

AND I'D HATE TO NOT HAVE AN ALTERNATIVE SOLUTION.

YOU KNOW, THEY'LL COME BACK TO US AND SAY, LOOK, WE WANTED A VALET ON WASHINGTON AVENUE, BUT YOU WOULD, YOU DIDN'T WANT US TO HAVE IT.

SO I GUESS I'M, I'M SLIGHTLY CONCERNED ABOUT PROHIBITING IT OFF THE BAT BECAUSE THEN THAT'S NOT EVEN AN OPTION.

IF THEY WANT TO HAVE, YOU KNOW, IF THERE'S A LUNCHEON HAPPENING WHERE THE RESTAURANT IS RENTED OUT AND THEY'RE HAVING A LUNCHEON AND ALL THE PEOPLE ARE ARRIVING AT THE SAME TIME, AND THERE'S ALSO SOMETHING ON THE OTHER SIDE IN THE BALLROOM, YOU KNOW, THEY DON'T HAVE, THERE'S NOT ALTERNATIVE, YOU KNOW, I GUESS WE'RE LIMITING.

I, I FEEL LIKE WE'RE LIMITING THEM MORE, WHICH MAY CAUSE EVEN MORE CONGESTION.

I'M WITH YOU ON THAT, JONATHAN.

I THINK WE SHOULD LIMIT IT AT THIS POINT.

I THINK WE NEED TO LET, UM, IF WE GET ANY CONCERNS OR COMPLAINTS ABOUT IT BACKING UP ON WASHINGTON IF IT GETS MISUSED.

BUT I THINK IT, IT MIGHT BE IMPORTANT THAT WE GIVE HIM SOME FLEXIBILITY AT THIS POINT.

IT'S, IS THAT, I THINK THAT AREA ON WASHINGTON ISN'T NECESSARILY A HUGE, YOU KNOW, ONE OF THE TIGHTER, YOU KNOW, LIKE AREAS WHERE YOU'RE REALLY DEEP INTO SOUTH BEACH, BUT I, I DON'T KNOW WHAT, UM, OH, WHAT'S YOUR PRELIMINARY PLAN WITH THAT? TO HAVE LA OR YOU DIDN'T? UM, TO KEEP IT OPEN, TO KEEP THE OPTION.

UH, WE'RE WILLING TO KEEP IT TO COLLINS FOR NOW AND WHEN WE STUDY THE OPERATION OF THE BALLROOM FURTHER, UH, COME BACK WITH A PROPOSAL IF WE NEED TO ADD VALET ON WASHINGTON AT THAT TIME.

RIGHT.

SO WHY DON'T WE NOT PROHIBIT IT.

RIGHT.

BUT, BUT, BUT RIGHT NOW WE'RE GONNA PROVE IT WITHOUT VALET AND THEN IF YOU NEED IT, YOU'LL COME BACK.

THAT'S FINE.

ALRIGHT SIR.

THERE'S GONNA BE A PROGRESS REPORT ANYWAYS.

MM-HMM .

I'M A CERTAIN AMOUNT TIME.

ALRIGHT, GOOD.

RIGHT.

AND THEN JUST SO THE BOARD MEMBERS, NO, UM, SINCE WE MODIFIED THE CODE A FEW MONTHS AGO, THEY'LL, THEY'LL BE COMING BACK BEFORE YOU ON AN ANNUAL BASIS WITH A PROGRESS REPORT.

SO THIS'LL BE LIKE ON THE RADAR EVERY YEAR.

YEAH.

I JUST HAVE ONE FURTHER QUESTION, AND THIS WAS THE QUESTION THAT I HAD BROUGHT UP YESTERDAY.

I'D LIKE TO ENCOURAGE YOU TO MAKE THE RETAIL SPACE USABLE.

WE SEE SO MANY EMPTY RETAIL SPACES ACROSS WASHINGTON, ACROSS THE ENTIRE BEACH, AND THEY'RE TOO, THEY'RE TOO EITHER TOO DEEP OR THEY'RE TOO NARROW OR THEY'RE TOO WIDE.

I WOULD LIKE TO PLEASE REITERATE THAT THE DEPTHS OF THE RETAIL SPACE AT LEAST BE 70 FEET BY 20 FEET SO THAT IT IS USABLE.

I DON'T, I DON'T WANNA SEE ANY MORE VACANCY.

AND I KNOW THAT, THAT HOTEL OPERATORS AND CONDO DEVELOPERS ARE NOT RETAIL SPACE PEOPLE.

BUT THIS IS IMPORTANT SO THAT WE DON'T, SO THAT WE DO HAVE THOSE ACTIVATIONS ON MAIN STREETS.

SO IF THAT'S, I'D LIKE TO, CAN WE DO SOMETHING LIKE THAT? WELL, I, I WOULD CAUTION TO SEE IF THEY COULD ACTUALLY ACHIEVE IT.

'CAUSE THERE'S ALSO A NEED FOR A LOT OF BACK OF HOUSE AREAS.

YOU CAN BRING UP THE PLAN TO SHOW WHAT YOU HAVE ONE'S IN CHARGE IN THAT LOCATION IF IT CAN BE MODIFIED.

ISN'T THAT RESTAURANT SPACE ANYWAY, NOT RETAIL THAT'S PROPOSED? NO, THERE'S SOME RETAIL SPACE.

THERE'S A SMALL RETAIL AREA AT THE NORTHWEST CORNER.

CAN YOU, CAN YOU HIGHLIGHT THAT? WELL, JUST, JUST OUT OF CURIOSITY, WHAT IS A CLIENT FORESEE RENTING IT? AND LIKE WHAT KIND OF RETAIL ARE THEY? SO THE, THE, THE APP GO AHEAD.

GO AHEAD.

THE, THE APPLICANT IS PROPOSING TO HAVE THE HOTEL OPERATOR, UH, OPERATE THE RETAIL SPACE AS WELL

[01:15:01]

IN ORDER TO MAKE SURE IT'S CONSISTENT WITH THE BRANDING OF THE HOTEL AND THAT IT'S AN AMENITY FOR THE HOTEL GUESTS.

UM, IT'S NOT A THIRD PARTY LEASE.

UM, SO THAT THEY CAN MAINTAIN.

AND, AND IF THEY NEED, YOU MEAN LIKE A HOTEL SHOP OR SOMETHING? CORRECT.

RIGHT.

SO I DO UNDERSTAND YOUR CONCERNS, ELIZABETH.

I THINK THAT THERE'S A COUPLE OF THINGS THAT COME INTO PLAY.

WHY THERE'S A LOT OF RETAIL SPACE THAT ARE NOT BEING USED ON WASHINGTON.

AND I THINK LIKE, YOU KNOW, BEING THE TYPE OF PROJECT THEY HAVE, UM, IF I LOOK AT GOOD TIME HOTELS WHO HAS A COUPLE OF RETAIL STORES IN THERE, BUT I'M JUST, JUST FOR COMPARISON, YOU KNOW, THEY HAVE, THEY HAVE SOME, YOU KNOW, THEIR NICHE LITTLE, UH, BOUTIQUES IN THERE.

SO I, I'M NOT SURE WE WANNA LIMIT THIS.

I DON'T WANNA LIMIT ANYTHING.

I WANT TO MAKE IT USABLE.

RIGHT.

BUT THAT'S ALL I WANT.

SINCE THEY'RE RUNNING IT, THEY'RE PROBABLY GONNA ACCOMMODATE THE SPACE IN TWO.

WE DO HAVE ALL OF THE GOOD TIME HOTEL WHEN YOU WALK BY MM-HMM .

IT IS, IT IS COMPLETELY JUST PAPERED OFF.

AND I JUST, I JUST WANT TO ENCOURAGE AS MUCH UTILIZATION AND, AND, AND THIS IS A NEW PROJECT MM-HMM .

MM-HMM .

AND I LOVE, LOVE THE RENOVATION AND, AND THE, THE HISTORIC PRESERVATION.

I LOVE IT.

I JUST WANNA MAKE SURE THAT IT'S, THAT WE CAN, THAT IT'S 2050 BECAUSE THESE ARE OLDER SPACES AND NO, WE UNDERSTAND ELIZABETH, AND WITH YOUR, UH, BACKGROUND IN RETAIL CONSULTING, WE TOTALLY GET IT.

AND YOU ARE THE EXPERT ON THAT HERE.

AND I COMMISERATED WITH YOU YESTERDAY ABOUT WALKING THROUGH THE ANCHOR GARAGE ON 16TH STREET BECAUSE THE SPACES ARE SO SHALLOW, IT'S KIND OF EMBARRASSING.

THEY, IT'S HARD TO LEASE THEM OUT, BUT THE CLIENTS INTENT HERE IS NOT TO LEASE OUT TO A THIRD PARTY AND THE CLIENT WILL CONTROL THIS SPACE AND, YOU KNOW, BE ABLE TO, TO MAKE IT WORK.

WHAT MICHAEL BELU CORRECTLY POINTED OUT TOO IS THAT WE'RE AT A BACK OF HOUSE CRUNCH AS WELL.

WE NEED EVERY SQUARE FOOT OF OUR BACK OF HEALTH SPACE THAT'S IMMEDIATELY TO THE EAST OF THIS RETAIL SPACE.

IF WE ARE LEASING IT OUT TO A THIRD PARTY.

OF COURSE YOU ARE ALWAYS RIGHT ON THAT.

IT SHOULD BE DEEPER, BUT WE'RE NOT, YOU ARE GONNA BE ABLE TO DO SOMETHING LIKE A LITTLE SUNDRY SHOP YEAH.

FOR THE HOTEL AND ALL.

OKAY.

WONDERFUL.

GO.

SOMETHING LIKE THAT.

OKAY.

ANOTHER THING TOO IS, IS, WHICH IS ABOUT IF WE DON'T HAVE LIKE A, A DRIVEWAY EN ENTRANCE AND ACCESS TO A PARKING GARAGE, WHICH YOU TYPICALLY WOULD FIND.

SO WE DO THINK THAT HAVING THIS, THIS WASHINGTON AVENUE COMPLETELY WITH THIS, UM, EXPANSIVE RESTAURANT AND MORE ACTIVATION ALL ALONG THE ENTIRETY, WE DO THINK THAT, YOU KNOW, HAVING A A SMALLER SPACE HERE IS NOT, UM, SUCH A DETRIMENT.

THAT'S JUST ALWAYS MY THING.

SHIELD.

SO IS THAT, DO YOU STILL WANNA MAKE, UM, ARE YOU MAKING A MOTION, ELIZABETH, TO APPROVE THE APPLICATION? I WOULD, I WOULD MAKE A MOTION TO WELL, WE'RE NOT FINISHED.

WELL, OKAY.

SO YOU KNOW WHAT, IF I'M GOT A MOTION, I'LL ALL FINE, I'M READY.

BUT I WANNA MAKE SURE EVERYONE WAS HEARD.

I, I'LL MAKE A MOTION TO APPROVE.

OKAY.

I'LL SECOND IT.

ALRIGHT.

SO DOES THAT INCLUDE THE, IF I CAN READ THROUGH WITH SCOTT'S? UH, SO LET, LET ME YES, THAT'S GONNA BE, UM, NOVA NOVE ON WASHINGTON AVENUE.

NO, I THINK WE RE WE WE TOOK THAT OFF.

RIGHT.

THE NOVE, I THINK THEY'RE GONNA KEEP THAT CONDITION NOW AND THEN THEY'LL COME BACK TO AMEND IT EXCEPT AS MAYBE APPROVED BY THE BOARD, UM, WITH AN AMENDMENT.

IS THAT CORRECT OR DO YOU WANNA TAKE IT? YOU WANT TO OPEN? I THINK I WAS UNDER THE IMPRESSION WE'RE NOT MODIFYING THAT.

WE'RE JUST, WE'RE LEAVING THAT OUT.

OKAY.

SO WE'LL LEAVE THE, WE'LL LEAVE OUT THE NO VALET ON WASHINGTON.

WE'RE STILL GONNA LEAVE IN, UM, NO ACTIVA, NO ACTIVATION OF THE KINGTON APARTMENTS COURTYARD, NO OUTDOOR SPEAKERS EXCEPT FOR LIFE SAFETY PURPOSES.

UM, THE ROOM SIZES SHOULD NOT BE SUBSTANTIALLY SMALLER THAN WHAT'S SHOWN ON THE PLANS.

AND YOU S STILL WOULD INCLUDE THE CONDITION SAYING THAT, UM, THAT MUSIC SHOULD NOT BE PLAYING THE AUDIBLE A HUNDRED FEET FROM THE WESTERN PROPERTY LINE.

SO ONE OF THE THINGS THAT, ONE OF THE, THE DANGER I THINK WITH THAT CONDITION SORT OF IMPLIES THAT YOU CAN HAVE LOUDER MUSIC AS LONG AS IT'S NOT AUDIBLE, UM, YOU KNOW, OUTSIDE FROM THE PROPERTY.

SO I THINK AT THIS TIME IT'S, IT'S PROBABLY NOT BEST TO INCLUDE THAT CONDITION.

I WOULD INCLUDE THAT IF THE BOARD IN THE FUTURE APPROVES THEY COME BACK SOME LEVEL OF ENTERTAINMENT, THEY COME BACK.

I THINK IF THEY COME BACK THAT THAT'S SOMETHING I JUST DON'T WANNA HAVE IT CON HAVE IT BE NO, YOU KNOW, I AGREE.

CONFUSING.

SO WE WON'T INCLUDE THAT CONDITION.

WAS THERE ANY OTHER CONDITIONS? UM, THEY HAVE TO COMPLY WITH THE GREEN BUILDING STANDARD REQUIREMENTS.

I KNOW THAT WAS NOTED, THE PLANTING ON THE WASHINGTON AVENUE, THE CONDITION REGARDING THE, UM, THE PLANTING ON WASHINGTON AVENUE, WE SHALL MAINTAIN PLANTING ON THE WASHINGTON AVENUE FRONTAGE AS SHOWN IN THE RENDERINGS.

YES.

YEAH.

OKAY.

AND ALSO OUR PROPOSED, CAN I, CAN I STOP YOU THERE FOR A SECOND? UH, SO I DON'T WANNA GET INTO THE WEEDS, NO PUN INTENDED, BUT NO, IF YOU HAVE PLANTINGS THAT ARE GOING INTO THE RIGHT OF WAY RIGHT.

THAT COULD INTRUDE ON A CLEAR PEDESTRIAN PATH.

WOULD THIS BE SOMETHING WHERE YOU'D BUILD PLANTERS INTO THAT WALL? THAT, THAT'S CORRECT.

WE HAVE PLANTERS BUILT INTO THE WALL OKAY.

OR IRRIGATED PLANTERS, UM, THAT MAKE IT EASY TO MAINTAIN.

AND, UM, SO THAT, THAT IS NOT GOING INTO THE RIGHT OF WAY.

OKAY.

YEAH, THAT'S, THAT'S CLEAR FOR US.

THEY WOULDN'T BE ABLE TO THEN

[01:20:01]

BUILD THESE PLANTERS INTO THE RIGHT OF WAY.

AND THEN IN ADDITION TO THOSE FOUR, AND THEN ARE YOU AGREEING WITH THE APPLICANT'S PROPOSED CONDITIONS THAT THEY HANDED OUT IN TERMS OF THE, UM, THE HOURS OF OPERATION, IN TERMS OF THE, UM, ACTIVATION? ARE WE ALL OKAY WITH? YEP.

2:00 AM ON THE ROOFTOP.

I'M OKAY.

YEAH, I THINK BASED ON WHAT THEY PRESENTED I THINK AND THE DOCK MASTER, I THINK THERE'S NO ISSUES WITH THAT.

RIGHT? NO.

AND THEN THE NECESSARY NUMBER OF VALETS, YOU GUYS, YOU GUYS PUT IT AT NINE.

IS THAT WHAT YOU HAD AS A NUMBER? SO THE, THE TRANSPORTATION DEPARTMENT'S CONDITION PROVIDES THAT WE SHALL MAINTAIN A MINIMUM OF NINE RUNNERS.

WE'RE PROPOSING TO MAINTAIN THE NECESSARY NUMBER OF VALETS ESTIMATED AT NINE.

YEAH, I THINK THAT'S FAIR ENOUGH.

I MEAN, I YEAH, YOUR PRIVATE SUPPORT, WE'D SEE IF THAT YEAH, THAT'S FINE.

THAT'S FINE.

IT WAS MEDICATION AT SOME POINT.

OKAY.

YEP.

ALL IN FAVOR JUST BEFORE YOU, JUST TO CLARIFY, HOLD ON.

UM, ONE THING.

YOU, YOU, YOU'RE NOT INCLUDING THE, NOT PLAINLY AUDIBLE WEST OF WASHINGTON BECAUSE THERE'S NO OUTDOOR SPEAKER.

RIGHT.

OKAY.

I UNDERSTAND THAT THE VALET, AND I KNOW I GUESS THE BOARDS WILL TAKE THAT OUT, BUT THERE'S, RIGHT NOW THEY'RE SAYING NINE OPERATORS, IT DOESN'T, DOES IT SAY SPECIFICALLY ON COLLINS NOW? AND WOULD THEY HAVE TO COME BACK CORRECT TO US IF THEY WANT TO, MY APOLOGIES.

MOVE OR ADD ONE ON WASHINGTON AVENUE? WELL, WE'LL LEAVE THAT UP TO THE TRANSPORTATION MOBIL MOBILITY DEPARTMENT AND THEIR, THEIR CONDITION PROVIDES, THE APPLICANT SHALL MAINTAIN A QUEUE LENGTH OF AT LEAST THREE VEHICLES WITHIN THE CIRCULAR DRIVEWAY AT 1500 COLLINS AND MAINTAIN.

AND THEN OUR PROPOSED THE MINIMUM NECESSARY NUMBER OF VALET OPERATORS, UM, ET CETERA.

SO IT'S CONDITION NUMBER FOUR IN THE TRANSPORTATION DEPARTMENT'S MEMO THAT THEY CIRCULATED TODAY.

IT SAYS COLLINS, I'D JUST LIKE A A, MAYBE YOU CAN REACH OUT TO ME.

I MEAN, IF THEY DO DECIDE TO PUT A VALET IN WASHINGTON, I'D LIKE TO HAVE A LITTLE BIT OF INPUT ON THAT.

OF COURSE, YOU'D HAVE TO COME THROUGH.

YOU'D HAVE HAVE TO COME BACK.

COME BACK.

THEY WOULD HAVE TO.

OKAY.

PLAN FOR WASHINGTON.

OKAY.

EVERYONE IN FAVOR? AYE.

ANYONE OPPOSED? ALL RIGHT, THANKS.

CONGRATULATIONS.

THANKS FOR COMING IN FROM HOUSTON, RIGHT? IS THAT WHAT YOU SAID? DONE.

GREAT PRESENTATION.

THANK YOU.

WELL DONE.

THANK YOU FOR YOUR TIME.

ALRIGHT.

[8. PB23-0625.  1509 – 1515 Washington Avenue and 1500 Collins Avenue.   New  Hotel.]

UH, NEW APPLICATIONS PLANNING BOARD FILE 24 0 7 2 1 49 COLLINS AVENUE PARKING GARAGE.

YES.

ALRIGHT.

AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY CONDITIONAL USE PERMIT PAGE 51 PARKING GARAGE WITH ACCESSORY COMMERCIAL USES.

SPECIFICALLY THE APPLICANT IS REQUESTING TO CHANGE THE OWNER OPERATOR PURSUANT TO CHAPTER TWO, ARTICLE FIVE OF THE MIAMI BEACH RESILIENCY CODE.

SO THIS APPLICATION, UM, GOES BACK TO, UM, JUNE 28TH, 2011.

THIS APPLICATION ITSELF IS JUST TO CHANGE THE, UM, OWNER OPERATOR.

WE HAVE, UM, UPDATED OUR CONDITION IN ACCORDANCE TO WHAT WE'VE DONE FOR OTHER PROPERTIES.

SO IN THE FUTURE THEY CAN JUST SUBMIT AN AFFIDAVIT VERSUS HAVING TO MAKE AN APPLICATION, UM, BACK TO THE PLANNING BOARD.

SO IT'S RELATIVELY MINOR APPLICATION.

WE'RE RECOMMENDING APPROVAL AND, UM, UM, THE APPLICANT'S HERE, IF YOU HAVE ANY QUESTIONS OR TO PROVIDE ANY COMMENTS.

GOOD MORNING CHAIR.

GOOD MORNING BOARD.

JACOB NUNEZ WITH NUNEZ AND FLETCHER PA ON BEHALF OF THE APPLICANT.

49 COLLINS AVENUE REALTY, LLC AND THE NEW OPERATOR IN THIS SCENARIO, UNITY PARKING, LLC.

UH, TO MICHAEL'S POINT, NOT TO REITERATE, THIS IS A TECHNICALITY SO THAT THIS EXISTING CUP CAN COME INTO COMPLIANCE WITH THE NEW LANGUAGE THAT'S BEEN ISSUED FOR PREVIOUSLY APPROVED CONDITIONAL USE PERMITS.

SO THE GARAGE WAS SOLD.

IS THAT WHAT HAPPENED? SAY WHAT WAS SOLD? UM, IF YOU CAN EXPAND UPON THAT, I DON'T KNOW.

RIGHT.

THIS IS FOR, THIS IS FOR A PARKING GARAGE FOR VALET OPERATIONS AT 49.

OH, I UNDERSTAND.

IT'S JUST CHANGE OF, OF OPERATOR.

IT'S JUST CHANGE, CHANGE OF OPERATOR.

CHANGE OF OWNERSHIP IN 2019, UH, SOUTH POINT HEIGHTS SOLD THE PROPERTY TO 49 COLIN AVENUE.

OKAY.

THAT'S ALL, THAT'S ALL I NEED.

OKAY.

IS IT THE ENTIRE STRUCTURE? IT'S THE ENTIRE STRUCTURE INCLUDING THE ACCESSORY USE ON THE GROUND LEVEL.

RIGHT.

IT'S, IT'S A RESTAURANT AT THE GROUND LEVEL AND THEN FIVE STORY PARKING GARAGE.

OKAY.

SO, UH, IT, I COMMUNICATED WITH, WITH JACOB AND I HAD A COUPLE QUESTIONS, UH, ABOUT, AND I'LL JUST REITERATE THEM HERE.

I KNOW YOU ANSWERED THEM TO IN ME.

UH, THERE'S A, A PRETTY BUSY RESTAURANT AT THE GROUND LEVEL.

IT'S, IT'S PRETTY POPULAR.

I WANTED TO, WHAT'S IT CALLED? IT'S CALLED CARBON.

OH, .

OKAY.

I DIDN'T REALIZE THAT WAS I HEARD OF IT.

.

YEAH.

OKAY.

I HEARD THAT RESTAURANT.

I DIDN'T KNOW THAT WAS THE ADDRESS.

OKAY.

AND SO I JUST WANTED TO CONFIRM BECAUSE THERE'S BEEN OTHER, OTHER PROJECTS WHERE THEY, WHERE THEY'RE IN A PARKING GARAGE OR HAVE A PARKING GARAGE IN THE VALET AND ALL THE REQUIRED PARKING IS NOT ON SITE.

SO THEY'RE RUNNING AROUND, YOU KNOW, THROUGHOUT THE CITY WITH CARS LEFT AND RIGHT.

YOU'VE CONFIRMED THAT THE VALET FOR CARBON IS STORED AT 49 COLLINS AVENUE, RIGHT? CURRENTLY, AS OF TODAY, OF COURSE NOT.

IT'S CONTINGENT ON THIS

[01:25:01]

APPROVAL.

THE OWNER HAS NOT BEEN OPERATING SINCE 2022 AS PREVIOUSLY USED.

AND BTRS WERE ACCEPTED PRIOR TO OBVIOUSLY THIS HEARING.

UH, SO LONG AS THERE WAS A LETTER OF AUTHORIZATION PROVIDED FROM THE PREVIOUS VALET OPERATOR, THE INTENT IS TO PARK THE CARBON CARS THERE, ALLEVIATE THE, THE VEHICULAR TRAFFIC ON, ON COLLINS IN THAT AREA.

OKAY.

SO TODAY THEY'RE NOT PARKED ON, ON SITE? NO.

OKAY.

BUT THEY, BUT THEY WILL BE ONCE THIS IS.

OKAY, SO WHAT DID THE, UH, THIS QUESTION'S FOR MICHAEL AND, AND, AND FOR, FOR NICK, WHAT DOES THE CONDITIONAL USE PERMIT STATE RIGHT NOW WITH REGARDS TO REQUIRED PARKING? LEMME TAKE A LOOK THROUGH AND SEE IF IT SAYS SOMETHING ABOUT, UM, SO IT DOES INDICATE UNDER CONDITION, UM, O UM, PAGE NUMBER TWO O ON PAGE 55 OF THE BOARD PACKAGES, THE OFF STREET PARKING REQUIREMENTS FOR THE ACCESSORY COMMERCIAL SPACE SHALL BE SATISFIED WITHIN THE GARAGE.

SO THEY ARE SUPPOSED TO BE PROVIDING PARKING FOR THE U FOR THE RESTAURANT WITHIN THE GARAGE.

OKAY.

PLEASE DON'T HATE ME FOR THIS, BUT, AND I KNOW THIS IS MORE, MORE OF A FORMALITY, BUT I'D LIKE TO MODIFY THIS TO INCLUDE LANGUAGE THAT VALET STORAGE AS WELL FOR THAT ACCESSORY USE WOULD NEED TO BE STORED IN THE GARAGE.

I THINK THE GARAGE IS, SO THE GR IS ALL VALET.

THERE'S NO SELF PARKING.

RIGHT.

UH, BUT I'M SAYING RESTAURANT, EXCUSE ME, VALET STORAGE FOR THE ACCESSORY COMMERCIAL USE ON THE GROUND LEVEL WOULD NEED TO BE STORED IN THE GARAGE.

CAN, CAN I ADD TO THAT POINT? THERE'S A RESTRICTIVE COVENANT THAT RUNS WITH THE LAND RIGHT NOW THAT STIPULATES THAT IF THAT GARAGE IS GOING TO BE OPERATED IS OPERATED BY VALET.

SO I THINK THAT WE'D SELL US THAT CONDITION.

SO I THINK THERE'S A LITTLE, LITTLE, UH, MAYBE I'M BEING UNCLEAR THAT THE VALET FOR THE RESTAURANT AT 49 CO WHATEVER THE RESTAURANT MAY BE NOW IN THE FUTURE, WOULD NEED TO BE STORED ON LOCATION IN THAT GARAGE.

RIGHT.

SO YOU'RE ASKING THAT RIGHT NOW, THE VALET MAY BE TAKING CARS ELSEWHERE.

YOU WANT THE VALET THAT'S, UM, ON THE STREET.

YEAH, THAT'S TAKING THOSE CARS TO TAKE THEM TO THE GARAGE ON SITE.

BUT IS THAT A CONDITION WE CAN POSE THIS ONE, THE OPERATOR OR IS THAT IT WAS WHAT? THIS SORRY, CONTINUE.

NO, NO, NO.

I'M TRYING TO UNDERSTAND HOW DO WE B YOU'RE SAYING IF CARDONE WHATEVER RESTAURANTS THERE HAS A VALET SERVICE, RIGHT.

HOW DO WE COMPEL THEM TO ACCOMMODATE MATT'S CONCERN THAT THEY PARK IN THAT GARAGE? LIKE IS, IT'S SAYING THAT IF THERE, IF THERE IS A VALET SERVICE ON THE STREET THERE, THERE IS, THERE SHOULD ALSO BE ONE IN THE GARAGE TO SERVICE AND PARK THE, IT'S, IT'S HARD FOR US TO TELL EXACTLY WHERE SOMEONE IS IF YOU KNOW, IF THEY'RE GOING TO THAT RESTAURANT OR GOING SOMEPLACE ELSE.

THAT'S MY QUESTION.

SO THAT'S, IT'S DIFFICULT TO MANAGE THAT IF THE CITY IS APPROVED A VALET, VALET OPERATED ON THE STREET.

SO THAT IS SOMETHING THAT IS, IT IS DIFFICULT TO, TO MANAGE THAT.

BUT I, I'VE SEEN, I'VE SEEN OTHER PROJECTS, MIXED USE PROJECTS WHERE IT'S BEEN A REQUIREMENT THAT THEY STORE, INCLUDING VALET ON SITE.

IF I UNDERSTAND YOU'RE, YOU'RE SAYING ANY VALET THAT OPERATES FOR WHATEVER RESTAURANT IS AT THAT ADDRESS THAT THEY ARE COMPELLED TO PARK THE CARS IN THIS GARAGE? IS THAT WHAT YOU'RE TALKING ABOUT? YES.

YEAH.

IT, THIS IS, THIS IS A PARKING GARAGE.

NO, NO, NO.

I UNDERSTAND.

I'M JUST TRYING TO THINK LIKE MECHANICALLY HOW WE ENFORCE THAT OR CAN WE, LIKE, AT THE END OF THE DAY 'CAUSE IT'S, YEAH, BECAUSE THEY'RE NOT TIED TO THIS, YOU KNOW WHAT I'M SAYING? LIKE, LIKE THE RESTAURANT OR WHOEVER THEY MAY RETAIN, I DON'T KNOW HOW WE COMPELLED THEM TO HAVE TO DESCRIBE WHAT IS, WHAT IS YOUR MAIN CONCERN THOUGH? I UNDERSTAND WHAT YOU'RE SAYING.

IT'S A GOOD POINT HOW WE DO THAT.

THEY'RE ALSO OPERATIONAL.

SO WHAT ARE THEY DOING RIGHT NOW? ARE THEY CURRENTLY PARKING A DIFFERENT LOT? YEAH, THEY'RE PARKING IN A DIFFERENT LOT I BELIEVE ON, ON STREET.

SO HOW COULD WE NOW COME IN, I GUESS AFTER THE FACT AND HAVE THEM REDO THEIR WHOLE BUSINESS PLAN? WHO KNOWS WHAT ADDITIONAL COSTS OR I THINK, I THINK THAT IT WAS INTENTION OPERATIONAL.

SO I UNDERSTAND MATT'S POINT.

I JUST DON'T KNOW HOW WE, HOW WE ENFORCE THAT.

I, I DON'T UNDERSTAND.

MATT, WHAT IS YOUR POINT THOUGH? WHAT ARE YOU TRYING TO PREVENT? OKAY, SO THIS IS, WHAT ARE YOU WORRIED ABOUT? SO I UNDERSTAND WHAT WE'RE TRYING TO FIX HERE.

OKAY.

ARE YOU, ARE YOU JUST TRYING TO LIMIT THE AMOUNT OF, OF, OF TRAFFIC FLOW FROM, FROM THE RESTAURANT THAT'S THERE DRIVING TO A PARKING WELL ABSOLUTELY GARAGE.

YES.

FURTHER AWAY IF YOU, BUT I, AND I, I DO UNDERSTAND YOUR CONCERN, ESPECIALLY AROUND THAT AREA.

'CAUSE ALL THAT STUFF ADDS SOME TRAFFIC, BUT I THINK RIGHT NOW WE'RE DEALING WITH TWO DIFFERENT ENTITIES AND WE CAN'T REALLY RIGHT NOW, UM, LAY SOMETHING ON CARBON OR WHATEVER RESTAURANT THAT IS THERE WHEN WE'RE ACTUALLY JUST REVIEWING AN APPLICATION RIGHT NOW FOR A SPECIFIC GARAGE.

WE'RE, WE'RE HAVING LIKE, WE'RE MIXING CONFUSING.

SO I THINK THAT CLEARLY THE INTENTION CL THE INTENTION WHEN THIS PROJECT WAS

[01:30:01]

APPROVED WAS THAT PARKING FOR THE ACCESSORY RESTAURANT WOULD BE PROVIDED IN THE GARAGE.

MM-HMM .

I THINK THAT THE APPLICANT IS NOT OPERATING THAT WAY AND I THINK THE BOARD WANTS TO ADDRESS THAT.

LIKE, WELL THEN WE NEED TO GET, GET THE OPERATOR OF THE RESTAURANT OF, YOU KNOW, HERE, WHICH IS NOT THEIR ISSUE TODAY BASICALLY.

RIGHT.

SO I THINK WE NEED TO KEEP THOSE SEPARATE IF WE HAVE AN ISSUE WITH THAT RESTAURANT NOT OPERATING THE WAY THAT THEY'RE .

WHAT I WOULD SUGGEST IS APPROVING THE CHANGE OF OPERATING AND CONTINUING THIS APPLICATION TILL NEXT MONTH AND HAVE THE APPLICANT COME BACK TO PRESENT HOW, YOU KNOW, WITH SOME PLANS AND SHOWING HOW THE VALET OPERATION IS WORK AND SHOWING HOW THE GARAGE, YOU KNOW, VALET, UH, VALLEY OPERATION SHOULD BE WORKING KIN IS NOT THE OPERATOR.

YEAH, I WAS GONNA SAY I DON'T THINK THAT'LL DO SEPARATE.

IT DOESN'T ADDRESS WHAT MATT'S CONCERN IS.

AND MICHAEL, IS THE RESTAURANT OPERATION SUBJECT TO A, A SEPARATE COP OR NO? I DON'T THINK SO.

I BELIEVE NO.

THEN MAYBE WE, WE COULD ALSO INVITE THE RESTAURANT OPERATOR TO ATTEND THAT IF THE BOARD DECIDES TO CONTINUE.

YEAH.

I JUST DON'T, I DON'T THINK THEY'RE UNRELATED.

YEAH.

AND, AND I AGREE, AGREE.

AND IF I, IF I MAY ADD, BEFORE THE OPERATOR GETS APPROVED TO PARK, HE HAS TO SUBMIT AND GO THROUGH OBVIOUSLY THE, THE PROCESS AND WITH THAT INVOLVES THE LOCATION, WHICH WOULD BE THE STORAGE LOCATION, THE LOCATION, ONCE, HOPEFULLY ONCE THIS NAME CHANGE IS APPROVED WOULD BE TO STORE THE VEHICLES THERE.

THAT'S, THAT'S THE PRIMARY INTENT.

THE PRIMARY LOCATION IS TO STORE THE VEHICLES, THE GROUND FROM THE GROUND FLOOR USE IN THAT GARAGE TO BIG GARAGE.

RIGHT.

I'M SAYING MECHANICALLY.

SO YOU, YOU'RE OPERATING THE GARAGE.

SO YOU WOULD HAVE TO HAVE A SITUATION OR AN AGREEMENT WITH THE VALET PARK, THE VALET COMPANY.

WHICH WHICH THEY, THEY ARE IMP PRIVITY, WHICH IS WHY THE OPERATOR AND THE NEW OH THEY ARE IMP PRIVITY THE OPERATOR AND THE VALET COMPANY.

YES.

WHICH, AND ONE OF THE CONDITIONS IS TO HAVE THE, THE GROUND FLOOR USE PARK IN THE GARAGE.

RIGHT.

BUT THAT'S ALL HE REALLY WANTS.

BUT WE CAN INCLUDE THAT CONDITION THAT THE STORAGE LOCATION WE WANT WHAT YOU WANT IT SOUNDS LIKE.

SO EXACTLY THE STORAGE LOCATION FOR THE VALET OPERATOR SHALL BE WITHIN THE GARAGE.

OKAY.

YEAH.

I DIDN'T KNOW THEY WERE IN PRIVITY.

'CAUSE I I DON'T KNOW HOW YOU BIND THE VALET PARKING COMPANY IN THIS HEARING TODAY.

THAT'S ALL I DIDN'T UNDERSTAND.

MM-HMM WELL THIS HEARING IS FOR THE OWNER AND OPERATOR.

SO IT'S NOT JUST THE OPERATOR OF THE GARAGE.

OF THE GARAGE.

RIGHT.

THE WHOLE ENTIRE STRUCTURE CCUP GETS WAS ISSUED IN THIS CASE TO THE PREVIOUS OWNER.

RIGHT.

THE CONDITION WAS THAT IN THE EVENT OF A 50% OWNERSHIP CHANGE OF OWNER SLASH OPERATOR, THE, WAS IT, IT, ALRIGHT.

OKAY.

SO WHAT IS THE RECOMMENDATION OF, OF, SO I THINK WE CAN INCLUDE THAT, THAT WE INCLUDE CAN INCLUDE A CONDITION SAYING THAT THE STORAGE LOCATION FOR THE VALET OPERATOR SHALL BE WITHIN THE GARAGE.

IS THAT CLEAR ENOUGH TO TO, TO, I THINK THAT'S ALSO MEAN THE, THE ACCESSORIES WE'RE IS THAT ACCEPTABLE TO THE YES.

WE'RE WE ARE ACCEPTABLE.

I MEAN THAT'S WHAT YOUR WHOLE POINT IS, SO, OKAY.

ALRIGHT.

PUBLIC COMMENT WHEN WE'RE DONE.

OKAY.

ANYONE ELSE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISE.

I THINK THERE WOULD BE.

OKAY.

I'LL MAKE A MOTION TO MOVE IT.

SECOND.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? ALRIGHT, THANKS.

I I THINK I HAVE THE NEXT ITEM.

ALSO ASSUME THAT THE OPERATOR, SORRY, I, I HAVE THE NEXT ITEM ALSO.

OH, YOU DO? OKAY.

, YOU'RE THE GARAGE SPECIALIST I GUESS.

OKAY, THE NEXT ITEM

[9. PB24-0721, f.k.a. PB File No. 2000, 49 Collins Avenue – Parking Garage]

IS PENDING BOARD FILE 24 0 7 2 0, UH, 1 0 1 OCEAN DRIVE PARKING GARAGE.

AND SO THIS WAS ALSO HANDED OUT TO YOU.

UM, THIS SHOULD BE ATTACHED TO YOUR BOARD PACKAGES AT THE END.

THIS WAS A SEPARATE, UM, ADDENDUM.

AGAIN, THIS IS FOR PB 24 DASH 0 7 2 0.

THIS IS FOR 1 0 1 OCEAN DRIVE.

HOPEFULLY THIS IS A SIMPLER, UM, CHANGE OF, UM, OF OWNERSHIP.

UM, SIMILAR TO THE LAST APPLICATION, WE'RE RECOMMENDING THAT THE, THE BOARD APPROVE THIS WITH A MODIFIED CONDITION SO THAT IN THE FUTURE A CHANGE OF OPERATOR OR OWNER WOULD JUST HAVE TO SUBMIT AN AFFIDAVIT TO THE CITY VERSUS HAVING TO COME BEFORE THE BOARD.

I DON'T THINK THAT THIS, THIS SITE HAS THE SAME ISSUES THAT THE PRIOR APPLICATION HAD.

WE RECOMMEND THAT THE BOARD APPROVE THE APPLICATION ONE.

OKAY.

JACOB NUNEZ WITH NUNEZ AND FLEISCHER PA ON BEHALF OF THE APPLICANT.

UNITY PARKING, LLC.

THIS WAS THE SAME MODIFICATION TO AMEND THE OPERATOR UNDER AN EXISTING CUP THAT WAS APPROVED BACK IN 2007.

THIS WAS FOR UNDERUTILIZED PARKING AT THE LOCATION.

MR. NUNEZ, CAN I GET YOU TO SPEAK A LITTLE LOUDER? YES, MA'AM.

THANK YOU.

THIS WAS FOR A NAME CHANGE TO THE OPERATOR, UH, UNDER AN EXISTING CUP THAT WAS ISSUED IN 2007 FOR UNDERUTILIZED PARKING ON A 24 HOUR BASIS AT THE SPACE, UH, SINCE 2007 TO 2023 WAS THE SAME OPERATOR.

NOW THERE'S A CHANGE IN THE OPERATOR.

SO WE'RE LOOKING TO AMEND THE NAME.

[01:35:01]

ANYONE HERE TO SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED ANY QUESTIONS BY THE BOARD? SO NO QUESTIONS, BUT THIS ONE'S A LITTLE EASIER I THINK BECAUSE IN OUR LETTER OF INTENT THEY INCLUDED A, A LETTER DISCUSSING THE, I GUESS THE USES OF THE PARKING GARAGE AND THE VARIOUS REQUIREMENTS OF THE, UM, OF THE TENANTS OF THE BUILDING.

THERE'S THE, THE SANTORINI, THERE'S A HAIR SALON AND THERE'S PRIME ITALIAN AND THOSE ARE ALL STORED ON SITE.

YES, SIR.

DO I DARE ASK? DO I MEAN IS THIS SOMETHING THAT, THAT WE SHOULD DO WHEN, WELL, THIS ONE'S A LITTLE DIFFERENT.

IT'S NOT A MAIN USE PARKING GARAGE.

I THINK THE PROBLEM WITH THE PRIOR APPLICATION IS THE, WE REALIZE THE COMPLICATIONS INVOLVED IN MECHANICAL PARKING AND I THINK IT DOESN'T, IT DOESN'T INVOLVE A LOT MORE STAFF AND TIME INVOLVED.

SO I THINK THAT'S PART OF THE DANGER IN IMPROVING A GARAGE THAT RESULT THAT REQUIRES ELEVATORS TO ACCESS THE FLOORS, WHICH IS NOT THE, NOT THE CASE HERE.

RIGHT.

WHAT I, WHAT I WOULD SAY HERE IS THIS IS, IT'S A LITTLE DIFFERENT 'CAUSE IT'S NOT A MAIN USE PARKING GARAGE, UH, LIKE THE OTHER ONE IS.

BUT TO THE, THE POINT THAT I WAS MAKING IS THAT WHEN YOU HAVE A LOT OF HIGH INTENSITY USES, LIKE RESTAURANTS, HIGH QUALITY RESTAURANTS WHERE MANY PEOPLE DRIVE AND THERE'S A LACK OF STORAGE SPACE IN THE NEIGHBORHOOD FOR CARS.

YOU HAVE VALET RUNNERS, NO PUN INTENDED.

THEY'RE, THEY'RE RUNNING CARS, THEY'RE RACING CARS ALL THROUGHOUT THE NEIGHBORHOOD.

SO TO MINIMIZE THAT DISTANCE IS WHAT THE GOAL IS.

AND IF YOU HAVE A PARKING GARAGE IN THE SAME BUILDING, THE SAME OWNER AS THE, AS AS THE COMMERCIAL SPACE, THEY SHOULD BE USING IT.

UM, YOU KNOW, I THINK THIS ONE HERE, YOU'RE ONLY USING THE UNDERUTILIZED SPACE, WHICH WOULD BY DEFAULT MEAN THAT AFTER HOURS AFTER THOSE, AFTER THOSE BUSINESSES CLOSED, YEAH.

THOSE, UM, CERTAIN NUMBER OF SPACES BECOME AVAILABLE FOR, UM, OTHER USES.

YEAH, I MEAN THE, THE RESTAURANT PRIME ITALIAN AND YOU KNOW, IS THEIR MAIN BUSINESS IS AFTER HOURS, RIGHT? AT NIGHTTIME.

SO THEY'RE, THEY'RE PROBABLY USING A LOT OF THAT SPACE.

UM, BUT YOU KNOW, PERHAPS THERE'S EXTRA SPACE THERE.

UH, I WOULDN'T, I'M NOT GONNA SUGGEST ANY ADDITIONAL CHANGES TO THIS, SO I'LL, I'LL MOVE IT IF NO ONE ELSE HAS ANY.

I'LL SECOND THAT QUESTIONS.

OKAY.

MOTION THE APPEAL.

SECONDED.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? ALRIGHT, THANKS.

THANK YOU ALL.

APPRECIATE IT.

OKAY,

[11. PB24-0707, a.k.a PB23-0577. 230 1st Street & 81 Washington Avenue – Le Jardin Boucherie & Genzo-Omakase Room.]

NEXT ITEM UNDER NEW APPLICATIONS IS PLANNING WORK FILE 24 0 7 0 7, UH, TWO 31ST STREET IN 81 WASHINGTON AVENUE.

LAHAR RE AND THIS REPORT BEGINS ON PAGE, UM, 81 OF THE BOARD PACKAGES.

JUST FIND IT.

SO THE BOARD, SOMETHING YOU MAY REMEMBER THAT, UM, ON MAY 23RD, 2023, THE PLANNING BOARD ISSUED A CONDITION USE PERMIT FOR THE OPERATION OF A NEIGHBORHOOD IMPACT ESTABLISHMENT CONSISTING OF A RESTAURANT IN THE FIRST AND SECOND FLOORS OF AN EXISTING, UM, THREE STORY BUILDING.

THE APPLICANT IS NOW PROPOSING TO ADD AN ADDITIONAL SMALLER RESTAURANT TO THE THIRD FLOOR, WHICH WAS PREVIOUSLY USED FOR OFFICES.

UM, THE PRIOR APPLICATION WAS APPROVED WITH A AND BACKGROUND MUSIC.

THIS INCLUDES IN A LARGE, UM, AREA IN FRONT OF THE BUILDING, WHICH FORMERLY WAS A PARKING LOT CONVERTED MORE TOWARDS, UM, OUTDOOR SEATING AT THIS POINT.

NOW THE EXISTING CONDITIONS OF APPROVAL REQUIRE THAT OUTDOOR MUSIC SHALL CEASE BY 10:00 PM SUNDAY THROUGH THURSDAY AND 11:00 PM FRIDAY AND SATURDAY.

THE, THE VENUE THAT'S SHOWN HERE ON THE THIRD FLOOR DOES NOT HAVE ANY OUTDOOR COMPONENT.

IT'S FULLY ENCLOSED AT THE THIRD LEVEL AND THERE'S NO ACTIV, NO ACTIVATION OF THE, UM, OUTDOOR TERRACES.

NOW, ONE OF THE CONCERNS WE HAD NOTED IN OUR SECOND REVIEW OF THIS APPLICATION WAS THE, UM, THE USE OF THE ALLEY.

AND SO WE HAD, UM, FURTHER HIGHLIGHTED IN OUR STAFF REPORT AND ASKED THE APPLICANT TO SUBSTANTIATE THAT THEY COULD PROVIDE, UM, LOADING SERVICES WITHIN THE ALLEY WITHOUT BLOCKING, UM, ACCESS THROUGH THE ALLEY FOR THEIR VEHICLES.

THEY HAVE SUBMITTED, UM, PLANS THAT SUBSTANTIATE THAT A VEHICLE CAN PARK WITHIN THAT ALLEY AND, UM, OTHER VEHICLES CAN PASS.

SO WE DO BELIEVE THAT CONDITION HAS BEEN SATISFIED.

WE DO HAVE A CONDITION FROM THE, UM, THE TRANSPORTATION AND MOBILITY DEPARTMENT RECOMMENDING THAT A MINIMUM OF 29 VALET ATTENDANCE BE PROVIDED DURING, UM, PEAK DEMAND PERIODS AND TO ENSURE THAT VALET QUEUES DO NOT EXCEED THE STORAGE PROVIDED UNDER PEAK DEMAND CONDITIONS.

WE DO INDICATE THAT THIS CONDITION CAN BE MODIFIED AT THE TIME OF A PROGRESS REPORT IF, UM, THE APPLICANT SUBSTANTIATE BASED UPON REAL WORK WORLD CONDITIONS THAT THEY DON'T NEED TO, UM, HAVE THAT NUMBER OF VALET RUNNERS.

WE ALSO HAVE A CONDITION FROM THE T FROM THE, UM, TRANSPORTATION DEPARTMENT SAYING A REVISED, UM, TDM PLAN IS TO BE SUBMITTED PRIOR TO ISSUES OF A BUILDING PERMIT FOR THE, THE THIRD FLOOR BUILD OUT.

WITH THAT, WE ARE RECOMMENDING THAT THE APPLICATION BE APPROVED.

I WOULD JUST NOTE AS WELL THAT ALTHOUGH THEY ARE ADDING, UM, A HUNDRED, THE, THE RESTAURANT FOR THE THE THIRD FLOOR IS 102 SEATS.

[01:40:01]

THEY'RE PROVIDING FEWER NUMBER OF SEATS ON THE FIRST AND SECOND FLOORS, THEN THE INITIAL APPROVAL.

SO THE OVERALL NUMBER OF RESTAURANT SEATING IS NOT AS GREAT AS, UM, MAY BE, UH, MAY, IT MAY APPEAR.

I'LL TURN IT OVER TO THE APPLICANT FOR THEIR PRESENTATION.

ALRIGHT, AND BEFORE YOU START, JUST SO I DON'T FORGET ANY DISCLOSURES BY THE BOARD ABOUT MEETINGS, COMMUNICATIONS? NO.

OKAY, GO AHEAD.

GOOD MORNING.

NICHOLAS RODRIGUEZ, 200 SOUTH BISCAYNE BOULEVARD ON BEHALF OF THE APPLICANT.

81 WASHINGTON, LLC.

I'M JOINED BY THE GENERAL MANAGER, DAVID ANO.

UM, AND VIA ZOOM, THE OWNER, EMIL STEFKA IS JOINING US AS WELL AS OUR TRAFFIC CONSULTANT AND OUR ARCHITECT, UH, ALFREDO SLI AND JOSE GOMEZ, AND OF COURSE MY COLLEAGUE MICHAEL LARKIN.

UM, SO AS STAFF NOTED, THIS APPLICATION IS FOR A MODIFICATION OF A CUP THAT YOU ALL APPROVED IN 2023, UH, FOR THE FIRST TWO LEVELS OF A BUILDING THAT HAS THREE LEVELS THAT RESTAURANT'S VERY CLOSE TO OPENING, UH, BUT DUE TO SOME, UH, COST OVERRUNS ON THE CONSTRUCTION OF THE FIRST TWO LEVELS AND THE RESTORATION OF THIS HISTORIC BUILDING, UH, WE'RE LOOKING FOR SOME REVENUE FROM THE THIRD LEVEL AND THAT'S ACTUALLY ACTIVATED SPACE.

THAT'S JUST A DEAD STORAGE SPACE RIGHT NOW.

SO IF WE COULD PULL UP THE DEAD DIGITAL PRESENTATION.

MATT, DO YOU HAVE ANY DISCLOSURES ON THIS ITEM? OH, UM, I DON'T THINK SO.

I'VE HAD DISCUSSIONS WITH PEOPLE IN THE RESTAURANT INDUSTRY, HOWEVER, THIS PARTICULAR ITEM DID NOT, UH, COME UP SPECIFICALLY, SO.

OKAY.

UM, I DO NOT HAVE ANY THANK YOU.

GO AHEAD.

UM, I GOT A LETTER OF SUPPORT FROM SONA.

OKAY.

I DON'T KNOW IF Y'ALL RECEIVED THAT OR NOT.

YEAH, YOU GOT IT, ATTORNEY.

OKAY.

WE DID.

YEAH.

AND JUST, UH, SINCE WE'RE ON THE TOPIC OF OUTREACH, WE DID SPEAK WITH SONA AT THEIR ANNUAL MEETING.

WE ALSO PRESENTED TO THE COSMOPOLITAN IN THEIR MEETING ROOM.

OKAY.

UM, AND I THINK THE COSMOPOLITAN KIND OF JOINED IN SONA SUPPORT LETTER, SO THEY DIDN'T SUBMIT A SEPARATE LETTER.

I DON'T THINK THEY HAD TIME TO MEET, BUT, UH, WE DID DO SUBSTANTIAL OUTREACH, UM, AND WE DON'T HAVE ANY OBJECTORS THAT WE KNOW ABOUT.

UH, SO JUST VERY QUICK ON THE BACKGROUND OF THIS, EMAL OV IS THE PRINCIPAL OF A COMPANY CALLED THE GROUP NEW YORK CITY, WHICH OPERATES RESTAURANTS IN NEW YORK AS WELL AS CHICAGO, UM, AND WASHINGTON DC THEY'RE BEST KNOWN FOR THEIR RESTAURANT LAG GRANDE BOUCHERIE IN MIDTOWN MANHATTAN.

AND IT'S NOTABLE THAT THEY HAVE OVER 600 SEATS AT THAT LOCATION.

SO THIS OPERATOR, UM, IS VERY ADEPT AT, AT OPERATING LARGER RESTAURANTS, UM, LIKE THE ONE THAT IS PROPOSED.

SO IT'S JUST TO GIVE YOU CONTEXT, THIS BUILDING IS AT THE CORNER OF FIRST STREET IN WASHINGTON AVENUE.

UH, ON THE LEFT IS A CURRENT PICTURE.

UM, AND AS NOTED, THIS IS A HISTORIC BUILDING THAT, THAT, UH, MR. EFCO HAS GONE THROUGH A PAINSTAKING AND VERY EXPENSIVE RESTORATION OF THIS BUILDING.

UM, IF YOU'VE BEEN BY THE SITE LATELY, IT'S BRAND NEW, IT'S BEAUTIFUL, UM, AND IT'S ABOUT TO OPEN.

AND THE COST OF OF RESTORING THIS BUILDING WAS PROBABLY TWO OR THREE TIMES WHAT THEY ANTICIPATED.

UH, AND PART OF THE REASON FOR THAT IS THE HISTORY OF THE SITE.

UM, ITS HISTORIC BUILDING CONSTRUCTED IN 1936.

UM, BUT FROM 2015 TO 2020 THE BUILDING WAS VACANT AND ALTHOUGH THERE WERE SOME PLANS APPROVED FOR RESTAURANTS, UH, AND THE, LIKE, NOTHING HAPPENED.

AND WHEN EMIL BOUGHT IT IN 2020, UH, THE CONDITIONS WERE VERY POOR INSIDE THE BUILDING.

UM, IN 2023, YOU ALL APPROVED THE CUP AND HOPEFULLY IN A WEEK OR TWO YOU'LL BE SEEING THE GRAND OPENING OF THE GRAND BOUCHERIE MIAMI BEACH ON THE FIRST TWO LEVELS OF THIS BUILDING.

UM, AND JUST TO KIND OF GIVE YOU SOME PHOTOGRAPHS OF THAT RESTORATION, THIS IS THE GARDEN AREA IN THE FRONT.

THIS USED TO BE PARKING, UM, AND IT'S CON CONVERTED TO A BEAUTIFUL OUTDOOR SEATING AREA.

UH, ON THE LEFT IS THE FIRST LEVEL OF THE BUILDING, WHICH IS GONNA BE KIND OF A, A LUNCH AND DAYTIME SEATING AREA, MORE BUTCHERY STYLE.

AND ON THE SECOND FLOOR, ON THE RIGHT IS A MORE OF A FORMAL DINING, UH, DINNER RESERVATION TYPE AREA.

UH, AND IT'S IMPORTANT THAT THEY WANT TO BE OPEN FOR LUNCH, UH, 'CAUSE THEY WANT TO BE A NEIGHBORHOOD SERVING RESTAURANT, NOT JUST A LATE NIGHT, UH, RESTAURANT.

SO, UH, IT'S, IT'S REALLY IMPORTANT FOR THEM TO HAVE, HAVE A A, A DAYTIME COMPONENT.

UM, AND THAT'S PART OF THE REASON TODAY THAT WE'RE GONNA BE ASKING FOR AN UPDATE TO OUR VALET STORAGE LOCATION.

'CAUSE THE CURRENT VALET OPERATOR CANNOT GIVE US SPACES DURING LUNCH.

UM, SO GETTING TO OUR REQUEST, WE'RE REQUESTING TO ADD 102 SEATS.

UH, ON THE THIRD LEVEL, WHICH IS CURRENTLY INACTIVATED.

IT'S GONNA BE A JAPANESE RESTAURANT OMAZE CONCEPT.

UM, AND THEN WE'RE ASKING TO MODIFY THE VALET STORAGE LOT FROM ONE 19 WASHINGTON AVENUE, UH, TO 400 COLLINS AVENUE, WHICH WAS NOT AVAILABLE WHEN WE FIRST CAME BEFORE YOU ALL, IT'S JUST TWO BLOCKS TO THE NORTH.

UM, AND WE'VE GONE THROUGH THE, THE REQUISITE TRAFFIC AND TRANSPORTATION PROCESS, UM, TO CERTIFY THAT NEW LOCATION.

SO JUST TO TOUCH ON THE PREVIOUSLY APPROVED PLANS, UH, AS MICHAEL MENTIONED, WE WERE APPROVED FOR 450 SEATS.

WHAT ENDED UP GETTING BUILT WAS 415 SEATS, SO 35 SEATS LESS, UH, THAN WHAT WE WERE PREVIOUSLY APPROVED FOR.

AND THEN WHAT WE'RE PROPOSING IS 102 SEATS MAXIMUM.

UH, YOU'LL SEE ON THE LOWER LEFT IS KIND OF AN OMAKAZE DINING AREA.

AND THEN THE REMAINDER IS, UH, GONNA BE LIKE AN A LA CARTE SEATING AREA.

IT'S REALLY JUST TO TRANSITION THE DIFFERENT SEATINGS OF THE OMAKAZE.

UM, AND TO HAVE A, A SMALL BAR FOR THE THE THIRD LEVEL.

[01:45:01]

UH, IN TOTAL THE SPACE IS ABOUT 2,500 SQUARE FEET.

UH, THERE ARE TWO OUTDOOR TERRACES, BUT THERE'S NO SEATING AT ALL PROPOSED ON THOSE TERRACES.

NO, NO REAL ACTIVATION OF THOSE TERRACES AT ALL.

UM, SO AS MICHAEL MENTIONED, THE NET INCREASE IN THE SEATS FROM WHAT WAS APPROVED IN 2023 TO WHAT WE'RE PROPOSING TODAY IS 67.

SO WHILE WE'RE ASKING FOR 102 SEATS ON THE THIRD LEVEL, UH, WE'RE ACTUALLY BORROWING SOME SEATS THAT WERE APPROVED FROM THE FIRST TWO LEVELS, BRINGING THEM UP TO THE THIRD LEVEL AND THEN, UH, FILLING IT OUT WITH, WITH OUR REQUEST.

SO IT'S A NET INCREASE OF 67 SEATS.

UH, THESE ARE SOME INTERIOR DESIGN CONCEPTS.

UM, THERE'S A DA FEW DIFFERENT DESIGN CONCEPTS FLOATING AROUND, BUT THIS IS THE ONE THAT WE PRESENTED TO THE COSMOPOLITAN.

UH, AND THEY REALLY LIKE THIS KIND OF ELEGANT, UH, STYLE.

SO THIS IS THE ONE THAT WE'RE PRESENTING TODAY, BUT IT'S STILL IN THE WORKS.

UM, AND THIS IS A SAMPLE MENU, JUST SO YOU GET AN IDEA.

I BELIEVE THIS IS THE MENU FROM THEIR LOCATION IN CHICAGO.

UH, SO YEAH, OMAKAZE CONCEPT IS, UH, I'M SURE YOU GUYS ARE FAMILIAR WITH.

UH, AND IN TERMS OF THE VALET STORAGE LOT, IT'S, THIS IS THE PROPOSED VALET ROUTE.

AND THEN THIS IS WHERE THE, THE VEHICLES WOULD QUEUE.

THERE'S I BELIEVE FOUR SPACES, DAVID, IN FRONT OF THE, ONCE WE CLOSE THAT CURB, THERE'LL BE FOUR SPACES TO ALLOW FOR CIRCULATION.

UM, AND THEN THE LOT, WHICH IS JUST TWO BLOCKS TO THE NORTH.

AND AGAIN, UH, THE RELATIONSHIP WITH THIS VALET OPERATOR IS BETTER THAN ONE 19 WASHINGTON AVENUE.

UH, THEY'RE WILLING TO PROVIDE A FEW SPACES FOR EMPLOYEES, WHEREAS ONE 19 WASHINGTON AVENUE WAS NOT WILLING TO GIVE US, UH, THOSE SPACES.

THEY'RE OPEN FOR LUNCH.

ONE 19, WASHINGTON'S NOT OPEN FOR LUNCH, SO WE WOULDN'T BE ABLE TO PROVIDE VALET OPERATORS, UH, UH, VALET SERVICES DURING LUNCH.

UH, SO THESE ARE REALLY THE, THE PRIMARY REASONS WHY WE'RE ASKING TO, TO SWITCH IT A LITTLE BIT FURTHER NORTH.

UM, AND TO USE A VALET OPERATOR WHO WE THINK IS GOING TO PROVIDE BETTER SERVICE, UH, FOR THE RESTAURANT.

UH, AND, AND, AND FOR THE NEIGHBORHOOD.

UH, IN TERMS OF TRANSPORTATION DEMAND MANAGEMENT, WE'RE WELL AWARE THAT, UH, SOUTH OF FIFTH IS STRUGGLING WITH PARKING, UM, WHERE WE'RE ACTUALLY BUILDING A MICRO MOBILITY AND BIKE STORAGE AREA ON KIND OF AN EXCESS AREA WHERE THE ALLEYWAY MEETS THE BUILDING.

THERE WAS A, AN OPPORTUNITY THERE TO PUT IN A KIND OF SECURE BIKE STORAGE.

UH, WE VETTED THIS WITH HISTORIC PRESERVATION STAFF TO MAKE SURE THAT THEY WOULDN'T, UH, YOU KNOW, HATE THIS TOO MUCH.

AND THEY DIDN'T, THEY DIDN'T LOVE IT, BUT THEY UNDERSTAND THE CHALLENGES.

SO WE'RE, WE'RE GONNA ADD A BIKE IN MICRO MOBILITY PARKING AREA.

AND ALSO MR. EFCO, AS PART OF THE PREVIOUS TRANSPORTATION DEMAND MANAGEMENT, UH, IS WILLING TO PURCHASE CITY BIKE PASSES FOR EMPLOYEES THAT MAYBE DON'T HAVE BICYCLES OR MICRO MOBILITY.

UM, FOR THE MOST PART, THE EMPLOYEES HAVE THEIR OWN BICYCLES, BUT IT, IT'S AN OPTION IN, IN THE EVENT THAT THEY NEEDED.

UH, SO JUST TO SUMMARIZE, THE OVERALL CUP, THERE'S NO CHANGES TO THE HOURS OF OPERATION.

UH, IT'S COMPLETELY INDOORS.

ON THE THIRD LEVEL, THERE'S NO CHANGES TO THE REQUESTED MUSIC.

ALL WE'RE ASKING FOR IS AN INCREASE IN THE TOTAL C COUNT, UH, AND A CHANGE OF THE VALET STORAGE LOT LOCATION.

AND AS MICHAEL MENTIONED, UM, WE'LL BE BACK WITH THE PROGRESS REPORT TO CONFIRM HOW THOSE VALET VALET OPERATIONS ARE GOING, UH, AND ADJUST THE NUMBER OF RUNNERS ACCORDINGLY.

UM, SO WITH, OH, AND, UH, JUST TO MENTION SOME QUICK HOUSEKEEPING, UH, THIS FOR A CHANGE.

WE, WE SPOKE WITH MICHAEL ABOUT IT BEFORE THE MEETING AND I BELIEVE STAFF IS IN AGREEMENT WITH THESE CONDITIONS.

THE FIRST ONE IS JUST AN UPDATE, HOUSEKEEPING MATTER TO THE NAME OF THE OPERATOR ENTITY.

UH, IT'S JUST A, A DIFFERENT ENTITY FOR LIABILITY PURPOSES.

AND THEN THE SECOND, UH, CHANGE IS JUST CLARIFYING THE TIMING.

STAFF HAS ASKED US TO BUILD A SIDEWALK WHERE THAT CURB CUT EXISTS TODAY, AND WE'RE HAPPY TO DO IT.

UH, WE JUST WANT TO DO IT CONCURRENTLY WITH THE BUILD OUT OF THE THIRD FLOOR, NOT HAVE THE, THE BUILD OUT OF THE THIRD FLOOR HELD UP UNTIL WE DO THAT.

SO WE'LL DO IT AT THE SAME TIME, AND AS LONG AS WE PROVIDE THAT, UH, BEFORE CERTIFICATE OF USE AND BUSINESS TAX RECEIPT, WE WILL, WE'LL BE ABLE TO ACCOMPLISH THAT EASILY.

UM, AND WITH THAT, WE'LL TAKE ANY QUESTIONS FROM THE BOARD.

WE RESPECTFULLY REQUEST YOUR APPROVAL.

THANK YOU.

OKAY.

ANYONE IN CHAMBERS ON THIS? NOPE.

ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED? NOPE.

OKAY, SO WE'LL CLOSE PUBLIC HEARING.

UH, BOARD, THERE'S, SORRY, THERE'S ONE NOW.

UM, JOHAN MOORE.

OKAY.

JOHAN, I THINK YOU WERE PREVIOUSLY SWORN IN, SO YOU'RE GOOD.

HI.

I WAS ABOUT TO WRITE TO MICHAEL.

I THINK THAT LAST FORM HAD AN ERROR IN THE SPELLING.

LA SHOULD HAVE AN E ON THE END.

IF THAT'S NOT HOW IT'S SPELLED, THEN FORGIVE MY INTRUSION.

THAT'S ALL.

THANKS .

THANK YOU .

THAT'S FUNNY.

OKAY.

UM, CLOSE THE PUBLIC HEARING.

ANY QUESTIONS? SCOTT? YOU'RE GOOD, MATT.

OKAY.

I HAVE A COUPLE QUESTIONS.

I THOUGHT YOU WERE GONNA MOVE TO APPROVE IMMEDIATELY WITH ALL, ALL THAT.

UH, WELL, I MEAN, LOOK IT, IT'S MICRO MOBILITY.

THAT WAS GREAT THAT I, I LOVE IT.

I LOVE THE MICRO MOBILITY.

THANK YOU SO MUCH FOR THAT.

THANK YOU FOR RESTORING THIS BEAUTIFUL BUILDING.

I'M A NEIGHBOR.

I LIVE A FEW BLOCKS AWAY.

I WATCHED ALL THE WORK OVER THE LAST TWO YEARS, SO I KNOW A LOT OF RESOURCES

[01:50:01]

HAVE GONE INTO IT.

AND, UH, IT CERTAINLY WILL BE A WELCOMING ADDITION TO THE NEIGHBORHOOD.

UM, I I HAVE A QUESTION BEFORE I ASK THE APPLICANT, BUT FOR STAFF AND SOME OF THE SUBMITTALS THAT WERE PROVIDED TO US, UM, THERE WAS A NOTE FROM STAFF THAT THEY HAVE CONCERNS ABOUT THE SIZE OF THE VENUE AT THIS LOCATION.

AND, UM, YEAH.

SO WHEN I FIRST TOOK A LOOK AT, AND IT WASN'T MENTIONED AT ALL ON THE STAFF ANALYSIS, SO I JUST, I WANT TO UNDERSTAND, YES, THERE'S A LOT OF TIMES THERE'S A LOT OF BACK AND FORTH FROM WHAT YOU SEE, UM, AND STAFF'S INITIAL REVIEW OF AN APPLICATION, AFTER WE GET MORE INFORMATION, OUR, UM, RECOMMENDATIONS MAY CHANGE.

SO INITIALLY, AND I WAS NOT, I WAS NOT PART OF THIS INITIAL REVIEW BACK WHEN THIS WAS APPROVED IN 2023 UHHUH .

SO WHEN I FIRST TOOK A FRESH LOOK AT IT, MY FIRST CONCERN WAS JUST THE ADDED INTENSITY YEAH.

OF THE THIRD FLOOR.

AND THEN I, I TOOK A CLOSER LOOK AT THE, THE, UM, LOADING OPERATIONS ALONG THE ALLEY, AND THERE WERE SOME, IT LOOKED LIKE THERE WERE SOME SERVICES OR SOME UTILITY INFRASTRUCTURE THAT MAY, UM, BE IMPEDING ANY SORT OF, UM, DELIVERY VEHICLE.

SO THAT'S PART OF THE REASON WHY I HAD A CONCERN WITH ADDING MORE LOADING SERVICES ON THE ALLEY.

UM, THE APPLICANT DID PROVIDE, UM, UPDATED PLANS TO SHOW THAT THOSE SERVICES, UM, WERE NOT, UM, IMPACTING USABILITY OF THE SPACE AND THAT A TRUCK COULD ACTUALLY PARK THERE.

UM, WE ALSO TOOK A FURTHER LOOK AND, YOU KNOW, WITH THE UNDERSTANDING THAT THIS IS A, AN HISTORIC BUILDING AND HISTORIC DISTRICT.

OKAY.

AND SO IT, UM, OUR, OUR BEST INTENTION IS TO MAKE SURE WE HAVE, UM, FULL ACTIVA, FULL ACTIVATION OF THESE BUILDINGS TO ENSURE THAT THEY ARE ECONOMICALLY VIABLE, WHICH ALSO ENSURES THE LONG-TERM VIABILITY OF THE BUILDING.

SO, UM, IF THIS WAS A BRAND NEW PROJECT FROM THE GROUND UP, THEY'RE PROPOSING A THREE LEVEL RESTAURANT IN THIS LOCATION.

I THINK THAT'D BE MORE CON MORE OF A CONCERN THAN THAT ADAPTIVE REUSE OF AN EXISTING HISTORIC BUILDING.

SO I THINK, UM, AS WELL AS CLARIFYING THAT IT WASN'T A FULL 102 SEAT INCREASE, THAT THEY WERE TAKING SOME SEATS THAT WERE PREVIOUSLY APPROVED.

OKAY.

MOVING UP UP HERE.

SO ALL THESE COMBINED IS WHAT WE REVIEWED AND CAME ABOUT THROUGH THIS BACK AND FORTH PROCESS THAT HAPPENS FROM, UM, OUR, A VERY INITIAL MEETING WITH THE APPLICANT, THEIR FIRST SUBMISSION, YOU KNOW, HAVING MORE DETAILS.

SO THIS BACK AND FORTH HAPPENS WITH A LOT OF APPLICATIONS.

AS I, AS I, AND I'VE MENTIONED, UM, TO YOU MATTHEW, PREVIOUSLY, THERE ARE SEVERAL APPLICATIONS WHERE, UM, ONCE AN APPLICANT MEETS WITH STAFF AND WE RAISE CONCERNS, WE'VE HAD MANY INSTANCES WHERE AN APPLICATION DOESN'T GO FORWARD.

MM-HMM .

BECAUSE OF THE SIZE OF THEIR TRUCKS.

WE'VE HAD, YOU KNOW, I'LL GIVE YOU AN EXAMPLE.

AUTOZONE IN NORTH BEACH, THEY DIDN'T MOVE FORWARD BECAUSE THEY DIDN'T WANNA MODIFY THE SIZE OF THEIR TRUCKS.

WE HAD IN THE TOWN CENTER A SPROUTS, UM, STORE.

THEY DIDN'T, THEY HAVE LIKE ONE OF THE LARGEST, UM, UM, DELIVERY VEHICLES IN THE INDUSTRY, AND THEY WERE NOT GONNA MODIFY THE SIZE OF THEIR TRUCK, AND IT WOULD REQUIRE, YOU KNOW, TURNING OVER THREE LANES OF TRAFFIC IN ORDER TO TURN INTO THE, UM, PARKING GARAGE.

SO THERE'S A LOT OF BACK AND FORTH THAT HAPPENS BEFORE, UM, WE GET TO THE, UM, THE FINAL SUBMISSION.

AND FOR, YOU KNOW, I THINK EVEN THE APPLICANT WAS SURPRISED, UM, IN OUR RECOMMENDATION WHEN WE, BUT THEY FINALLY GOT IT BECAUSE ALL ALONG WE HAD VOICED THESE CONCERNS, BUT AFTER REVIEWING ALL THE DOCUMENTATION, WE FELT THAT BASED UPON THIS LOCATION, OKAY.

AND, UM, THE APPLICANT'S PROPOSAL AND THE RENOVATION OF THE BUILDING, WE FELT THAT THIS WAS NOT A, UM, UM, AN AN, UM, AN IMPACT THAT WAS GONNA RESULT IN A NEGATIVE IMPACT FOR THE NEIGHBORHOOD.

SO WHAT ABOUT THE TIMING THOUGH OF THIS REQUEST TO MODIFY THE YEAH, IT WOULD'VE BEEN BETTER IF IT CAME SOONER.

I DON'T KNOW IF THE APPLICANT CAN RESPOND TO WHAT THEY, WELL, SOONER OR, OR LATER.

I KNOW THIS THREE, I THINK 1, 2, 4 OF FOUR MEMBERS OF THIS BOARD ACTUALLY HEARD THE APP, THE INITIAL APPLICATION ABOUT TWO YEARS AGO.

AND THERE WERE CONCERNS ABOUT THE SIZE OF THE RESTAURANT AND THE VALET OPERATIONS AND WHATNOT.

UM, IN FACT, THEY EVEN HAD CONDITIONS IN THERE THAT THEY COULDN'T CHANGE THE VALET WITHOUT COMING BACK TO THE BOARD.

AND, UH, AND I UNDERSTAND THE RESTAURANT'S ABOUT TO OPEN SO MUCH, I THINK WILL BE GREAT FOR THE NEIGHBORHOOD, BUT IT'S NOT OPEN YET.

YOU KNOW, THERE HASN'T BEEN, YOU KNOW, THERE HASN'T EVEN BEEN, YOU KNOW, ONE, ONE DAY OF OPERATIONS.

AND, UM, YOU KNOW, I THINK THE CONCERNS THAT, THAT WERE PROBABLY WARRANTED, YOU KNOW, 18 MONTHS AGO, PROBABLY, YOU KNOW, SINCE IT HASN'T BEEN IN OPERATION YET, THEY'RE STILL, THEY'RE STILL APPLICABLE TODAY.

AND, AND, YOU KNOW, IS IT PREMATURE? DO YOU, YOU KNOW, IN YOUR OPINION, IS IT PREMATURE TO SEEK AN INCREASE? WELL, I THINK, UM, , OPERATIONALLY, HOW THIS WORKING, I THINK PROPORTIONATELY TO THE REST OF THE FACILITY, IT'S, IT'S LESS OF IT.

IT, YEAH.

PROPORTIONALLY IT'S NOT A GREAT INCREASE.

BUT I THINK THAT ALSO IT, IF, IF YOU WERE TO, IT MAKES SENSE TO DO THE THIRD FLOOR BUILD OUT NOW, WHETHER UNDER CONSTRUCTION VERSUS OPENING IT UP AND THEN CREATE THE, THE HAVOC THAT'S INVOLVED WITH, WITH, UM, CONSTRUCTION ON THE THIRD FLOOR.

SO I, I CAN UNDERSTAND WHY THEY WANNA DO IT NOW, AND YOU KNOW, WHY THEY, IT'S MAYBE THE APPLICANT RESPONDED

[01:55:01]

WHY THEY DIDN'T DO THIS AT THE BEGINNING.

WHAT WAS THEIR INITIAL PLAN AND WHY DID THEY WAIT TO, UM, ADD THIS COMPONENT AT THIS TIME? SO IN INITIALLY, I THINK THERE WASN'T AN INTENT NECESSARILY TO ACTIVATE THAT SPACE.

THERE WAS, UM, AN IDEA TO DO IT, BUT, UH, THEY HAD THEIR HANDS FULL WITH THE RESTORATION OF THE BUILDING MM-HMM .

UM, AND REALLY WHAT DROVE THIS IS WHEN THE RESTORATION OF THE BUILDING CAME IN CLOSE TO $30 MILLION, UM, MUCH MORE THAN THEY HAD BUDGETED.

UM, SO THE NUMBERS JUST AREN'T PENCILING OUT IN TERMS OF THE REVENUE THAT'S COMING FROM THE RESTAURANT SEATS.

UH, AND THEY LOOKED TO ACTIVATE THIS THIRD FLOOR SPACE.

INITIALLY WE LOOKED AT DOING IT WITHOUT A CUP AND 'CAUSE IT'S SUCH A SMALL, UH, UH, AREA, TYPICALLY IT WOULDN'T TRIGGER CUP THRESHOLDS.

BUT HERE, BECAUSE WE SHARE AN ENTRANCE AND SHARE AN ELEVATOR, IT'S CONSIDERED ONE COLLECTIVE VENUE.

IT'S REALLY A SEPARATE RESTAURANT.

UM, SO WE WENT THAT ROAD AND IT DIDN'T WORK BECAUSE IT, THEY SHARE TOO MANY SERVICES.

THAT, THAT'S A GOOD POINT, NICK.

SO FOR EXAMPLE, IF THEY WERE ABLE TO PROVIDE LIKE A SEPARATE, AND THIS IS, UH, THE CASE FOR OTHER PROJECTS, IF THEY WERE TO PROVIDE A SEPARATE LOBBY AND VERTICAL ACCESS ONLY FOR THEIR ESTABLISHMENT, THEN THEY WOULDN'T BE BEFORE YOU.

THAT WOULD BE, UH, UNDER THE THRESHOLD THAT WOULD REQUIRE, UM, PLANNING BOARD APPROVAL.

BECAUSE THEY ARE SHARING THAT, THAT ENTRY SPACE, IT DOES ADD TO THE OVERALL OCCUPANCY.

AND THAT'S WHY THEY'RE BACK BEFORE YOU TODAY.

RIGHT.

SO IT BECAME BUILD AN ELEVATOR MM-HMM .

FURTHER, YOU KNOW, BUILD OUT THIS BUILDING, UM, OR COME BACK.

AND SO WE FELT IT WAS REASONABLE TO COME BACK.

UM, SO THIS IS A SEPARATE, A COMPLETELY SEPARATE RESTAURANT? IT'S BY THE SAME OPERATOR.

OKAY.

BUT IT IS A, IT'S A JAPANESE RESTAURANT BELOW AS A FRENCH RESTAURANT.

SO THEY ARE GONNA OPERATE SEPARATELY WITH SEPARATE STAFF.

DAVID IS THE GM OF BOTH RESTAURANTS.

UM, BUT IT, IT'S A SEPARATE VENUE.

SO ARE WE GONNA HAVE SEPARATE FOOD PURVEYORS OR, OR BEVERAGE DELIVERIES? CORRECT.

UH, IT'S A SEPARATE KITCHEN AND SEPARATE BATHROOM UP THERE.

UM, MY UNDERSTANDING FROM DAVID IS THAT THEY GET ALMOST DAILY FOOD DELIVERIES.

THEY GET SMALLER, FRESHER DELIVERIES.

THEY'RE NOT LIKE BIG HUGE TRUCKS THAT THEY LIKE TO HAVE THE FOOD BE FRESH.

UM, IT'S A BIG COMPONENT OF THEIR OPERATION.

SO THEY USE THE SU 30 SMALLER TRUCKS AS THE BIGGER TRUCKS, AND THEY HAVE MORE LIKE DAILY OR EVERY OTHER DAY FOOD DELIVERIES FOR THE, FOR THE VENUES.

UM, OKAY.

SO I COULDN'T HELP BUT DO SOME RESEARCH ON THIS.

AND AT 517 SEATS FOR THIS BUILDING, IT IS THE, IT'S IN THE TOP THREE OF, OF THE NEARLY 8,000 SEATS THAT ARE SOUTH OF FIFTH.

SO, SO THERE IS, I WENT TO THE CENSUS THIS MORNING TO GET THE NUMBER OF PEOPLE WHO LIVE SOUTH OF FIFTH, AND THERE'S 5,867 AS OF THE LAST, UH, 2020 CENSUS.

AND ACTUALLY THE NUMBER IS GOING DOWN SINCE THEN.

JUST AS WE SEE ALL ACROSS THE CITY, THERE'S OVER 8,000 SEATS SOUTH OF FIFTH.

IF YOU TAKE OUT, UH, IF YOU TAKE OUT LIKE TEXAS DAY, BRAZIL, UM, YOU TAKE OUT MAYBE, UM, THE OLD CHINA GROW BUILDING AT 4 0 4 WASHINGTON, WHICH ISN'T REALLY ACTIVE NOW YOU'RE DOWN TO LIKE 7,000 SEATS.

THIS IS BIGGER THAN JOE STONE CRAB, WHICH HAS, WHICH HAS RESURFACED PARKING LOTS, A PARKING GARAGE, AND AMPLE SPACE TO, UM, YOU KNOW, TO, TO TAKE THAT IMPACT, NEIGHBORHOOD IMPACT AND, AND SPREAD IT OUT.

IT'S, IT'S BIGGER THAN MONTY'S, IT'S BIGGER THAN FOGA DE CHOW.

IT'S BIGGER THAN CATCH, IT'S BIGGER THAN MILO'S.

I MEAN, JUST THE LIST GOES ON AND ON.

AND, AND HONESTLY, IF THIS WAS AN INCREASE IN THE SHEET COUNT FOR THE RESTAURANT, THE, THE FRENCH RESTAURANT, I'D HAVE LESS CONCERN.

RIGHT.

BECAUSE I DON'T, I DON'T THINK THAT ADDING ADDITIONAL SEATING TO THE RESTAURANT WOULD, WOULD MAKE OR BREAK IT.

RIGHT.

UH, BUT A WHOLE SEPARATE RESTAURANT TO ME, I'M GETTING POPPY STEAK VIBES.

HERE'S A, AN ARGUMENT AGAINST BEING MORE OKAY WITH THE, UH, EXISTING RESTAURANT VERSUS THE OH, CASSY RESTAURANT.

MO CASS DOESN'T HAVE A BIG TURN FLOW.

IT'S ONE SEATING PRETTY MUCH THROUGHOUT THE EVENING VERSUS THE RESTAURANT.

THE FRENCH RESTAURANT WOULD HAVE A LOT OF COME AND GO, PROBABLY THREE.

AND THAT'S, THAT'S A GREAT POINT.

YOU KNOW, THAT, SO IT'S ONLY LIKE, USUALLY IT'S ONE SEATING FOR AN OMA CAST RESTAURANT.

THE, THE NAME OF THE GAME IS, IS TURNING SEATS.

AND, AND, AND YOU, YOU KNOW WHAT, I'VE SPOKEN TO FOLKS IN, IN THE NEIGHBORHOOD AND, AND BUSINESS IS DOWN SOUTH OF FIFTH, THE GOLD RUSH IS OVER POST, POST COVID GOLD, GOLD RUSH IS OVER.

AND THERE'S STILL A LOT OF PLACES TO COME ONLINE.

SO I'M, I'M CONCERNED ABOUT, YOU KNOW, THE CRITERIA THAT WE HAD TO REVIEW, WHICH IS ONE OF THE MAIN CRITERIA IS A CONCENTRATION OF USES.

AND IT'S THE EXACT SAME, SADLY, IT'S THE EXACT SAME RESPONSE FROM STAFF ON THIS AS IT WAS FOR EVERY OTHER RESTAURANT THAT'S BEEN APPROVED IN THE LAST COUPLE YEARS.

UH, THIS IS, THIS IS PREMATURE.

I'M, I'M SORRY TO SAY.

IT'S, IT'S PREMATURE.

UM, AND, AND, YOU KNOW, AND, AND A, A HIGH QUALITY DESTINATION TYPE RESTAURANT ON A THIRD LEVEL IS NOT GONNA GET THAT PASS BY TRAFFIC'S.

I DON'T THINK THAT WE CAN, WE CAN ACTUALLY DICTATE WHO, I THINK THAT THEY'VE DONE

[02:00:01]

THE RESEARCH ON WHO THEIR, THEIR, THEIR CLIENTELE IS.

AND I'M HONESTLY, THEY'RE NOT GONNA BE COMING TO NORTH BEACH.

THEY'RE NOT COMING TO SOUTH BEACH.

I MEAN, THEY'RE NOT COMING TO, I MEAN, THIS IS WHERE THEY WANT TO BE.

NO, NO, WE'RE NOT EVEN TALKING, THIS IS NOTHING THAT THE CLIENTELE, BUT IT SEEMS LIKE, I MEAN, JUST HEAR ME OUT FOR A SECOND.

YEAH.

IT JUST SEEMS THAT, IT SEEMS THAT YOU'RE, YOU'RE TRYING TO IMPOSE RESTRICTIONS ON THEM AND TELLING THEM THAT THEY'RE NOT GONNA BE SUCCESSFUL.

AND I THINK THAT THEY'RE THE ONLY ONES THAT CAN MAKE THAT DETERMINATION.

UM, I THINK THAT, THANK YOU.

THAT, UM, THAT IT'S NOT IN OUR PURVIEW WITH WHAT WE HAVE IN FRONT OF US TO DETERMINE WHETHER THEY'RE GONNA BE SUCCESSFUL OR NOT THAT WE NO, IT'S, IT'S NOT.

BUT IT IS TO DETERMINE THE NEIGHBORHOOD IMPACT.

WELL, THE NEIGHBORHOOD IMPACT AND THE NUMBER OF, IF YOU'RE, IF WHAT YOU'RE SAYING ONE AT A TIME, ONE AT A TIME.

CAN I I WAS, I WAS IN THE MIDDLE OF SPEAKING.

GO AHEAD.

CAN I, CAN I FINISH PLEASE? SURE.

SO, I MEAN, I, I'M CONCERNED THIS CROWDS OUT OTHER RETAIL USES IN THE NEIGHBORHOOD WHEN WE HAVE THESE LARGE ESTABLISHMENTS WITH THESE MULTI-YEAR BUILD OUTS.

UM, YOU KNOW, IT, IT'S, IT'S VACANT SPACE.

JUST LOOK ALONG SOUTH POINT DRIVE AT THE, THE BUILDING AT 8 0 1 WHERE YOU HAVE GAIA, WHICH HASN'T OPENED YET, IT'S BEEN YEARS.

UM, YOU KNOW, IT'S ACTUALLY GUY IS OPEN, BUT GO AHEAD.

OH, IS, I'M IN SUPPORT OF, I JUST WANT, I IS WORKING ON IT.

I'M IN SUPPORT OF THE RENOVATION AND POURING 40 TO $50 MILLION INTO A HISTORIC BUILDING.

I THINK THAT IT'S IMPORTANT THAT WE PRESERVE THOSE BUILDINGS.

I THINK THAT YOU GUYS SHOULD BE ABLE TO DETERMINE WHAT YOUR FUTURE IS AND, UM, YOU KNOW, WHETHER YOU'RE LARGER THAN SOME OR THE OTHER, I THINK THAT, THAT YOU GUYS ARE THE ONES THAT CAN MAKE THAT DETERMINATION.

AND I, I, I WOULD SUPPORT THIS TODAY.

THANK YOU, MS. LATTON.

THANK YOU.

I LOOK, MR, I THINK I JUST WANTED TO CHAIR BECAUSE I WAS IN THE MIDDLE OF SPEAKING BEFORE AS INTERRUPT.

NO, MATT, YOU HAVE THE FLOOR.

GO AHEAD.

THANK YOU.

UM, LOOK, I'M EXTREMELY, AND, AND MY NEIGHBORS ARE EXTREMELY GRATEFUL FOR THE WORK.

I, I THINK I ALREADY SAID THAT, THAT'S GONE INTO THIS BUILDING.

IT'S BEEN, IT'S BEEN A DECADE ALMOST SINCE THIS HAS BEEN ACTIVATED.

UH, SO THERE'S NO ONE IS, IS SAYING THAT WE'RE, WE'RE NOT SUPPORTIVE OF IT.

RIGHT.

600 SEAT RESTAURANT AT GRAND SUB STATION WITH THE, THE TOP PUBLIC TRANSIT IN THE WHOLE ENTIRE COUNTRY.

UNITED STATES AT GRAND CENTRAL STATION, MULTIPLE, UH, TRAIN LINES, SUBWAY LINES, YOU KNOW, IT'S, I UNDERSTAND, BUT THIS IS APPLES TO ORANGES, UH, YOU KNOW, SOUTH OF FIFTH.

UNFORTUNATELY, WE DON'T HAVE THAT, THAT ROBUST PUBLIC TRANSIT SYSTEM.

AND UNFORTUNATELY, MANY OF YOUR CUSTOMERS AND THE CUSTOMERS TO ALL THE RESTAURANTS SOUTH, IF, IF THEY ARRIVE BY CAR AND THEY HAVE TO BE TRANSPORTED IN THIS CASE, ALMOST 4,000 FEET TO THEIR, UH, TO, TO THEIR, TO THEIR VALET.

SO, UM, SO MR. THROUGH THE CHAIR, I MEAN, YEAH, SINCE I'M TAKING A PAUSE, YOU GO AHEAD.

YOU CAN RESPOND IF YOU'D LIKE.

SO, A A COUPLE OF THINGS.

SO IN TERMS OF THE, THE INCREASE HERE, UM, FROM, FROM A TRAFFIC PERSPECTIVE, IT IS A LARGE RESTAURANT, RIGHT? BUT THE INCREASE WE'RE ASKING FOR IS ONLY ABOUT 10 TRIPS.

VEHICLE TRIPS.

YEAH.

SO IT IS A LARGE RESTAURANT, BUT THE MAJORITY OF IT'S ALREADY APPROVED.

UM, AND THE, I THINK IT'S IMPORTANT TO NOTE THE SEPARATION, THE SECOND, FIRST AND SECOND FLOOR.

UM, IT'S NOT THAT THE WHOLE ENTIRE VENUE WILL NECESSARILY BE FULL ALL THE TIME.

UM, THE FIRST FLOOR IS MORE OF A LUNCH, DAYTIME VENUE, AND THEN THE SECOND FLOOR IS MORE OF A DINNER, MORE FORMAL DINING ROOM.

UH, SO IT, IT'S NOT NECESSARILY INTENT HERE, THE WAY THE OPERATION IS LAID OUT FOR IT TO BE LIKE A TURN THE ENTIRE RESTAURANT EVERY SINGLE NIGHT, ALL OF THE TIME.

UM, SO TO, YOU KNOW, WE UNDERSTAND YOUR CONCERNS, UM, BUT FROM A, AN ECONOMIC PERSPECTIVE AND TO MAINTAIN THE ECONOMIC VIABILITY OF THE BUILDING, THIS IS WHAT THE OWNER CHOSE TO PURSUE.

UM, THE NEIGHBORHOOD IS EXCITED ABOUT IT.

SONA SUPPORTED US.

UH, SO CAN YOU TALK MORE ABOUT THE, THE SONA MEETING? I WAS THERE AT THE BEGINNING AND I KNOW THAT THE MEETING RAN PRETTY LONG, AND THIS WAS THE LAST ITEM ON THE AGENDA.

CAN YOU TALK ABOUT THE, THE DISCUSSION, YOU KNOW, UM, PEOPLE WERE THERE.

SO WE WERE PRETTY RUSHED ON THE PRESENTATION, BUT THEN WE HAD A FEW OF THE SONA BOARD MEMBERS ACTUALLY TOUR THE SITE, UM, WITH DAVID.

UM, AND AFTER TOURING SITE MEETING THE OPERATOR, UH, EMIL LIVES, HE'S ONE OF YOUR NEIGHBORS.

HE LIVES IN THE YACHT CLUB, UH, PART OF THE YEAR, UH, THE PORT PUERTO YACHT CLUB.

UM, SO I THINK THEY FELT COMFORTABLE WITH WHO THE OPERATOR IS, UM, THE MANAGEMENT TEAM THEY'RE BRINGING IN, UH, YOU KNOW, TOP-NOTCH OPERATORS AND, AND EMPLOYEES.

SO, UH, BASED ON THAT, I THINK THEY FELT COMFORTABLE SUPPORTING THE APPLICATION.

UH, OKAY.

OKAY.

UM, NOW I WANT TO GET TO JUST THE LAST, UH, QUESTION.

THIS IS A QUESTION NOW.

'CAUSE BY THE WAY, WHETHER I'M SUPPORTIVE OR NOT, I ACTUALLY HAVEN'T DECIDED YET.

UH, I'M, THANK YOU.

COMPLETELY OPEN MIND.

I'M JUST ASKING THOROUGH QUESTIONS HERE.

LIKE STUFF, I WANT TO GET TO THE, TO THE BOTTOM OF THIS.

'CAUSE IT REALLY IS IMPORTANT FOR, FOR THE NEIGHBORHOOD.

YOU KNOW, WE KEEP HEARING THAT IT'S A RESIDENTIAL NEIGHBORHOOD, BUT WHEN YOU HEAR THAT THERE'S ALMOST 8,000 SEATS DOWN THERE, AND MANY OF THESE PLACES NEED TO TURN, MAYBE THE THIRD LEVEL DOESN'T NEED TO TURN THREE TIMES A NIGHT, BUT MANY OF THEM DO TO,

[02:05:01]

TO PAY THE BILLS.

THEY HAVE THE SAME ECONOMIC, UH, YOU KNOW, UH, CONCERNS THAT, THAT YOU MAY HAVE AS WELL.

UM, SO THEY FIND DINING RESTAURANTS REALLY DO HAVE A SIGNIFICANT NEIGHBORHOOD IMPACT IN TERMS OF MANY OF THE CRITERIA.

AND, UH, YOU KNOW, ONE OF THE REQUIREMENTS IS THE TRAFFIC STUDY.

SO I WAS TRYING TO UNDERSTAND HOW A HUNDRED SEAT RESTAURANT ONLY HAS SIX VEHICLES COMING IN AND OUT DURING THE PEAK HOUR.

AND I'M, I'M, I'M NOT QUITE GETTING THERE.

CAN YOU OR CAN, DO YOU HAVE A, A, A EXPERT ON THIS? EXPLAIN, I UNDERSTAND WHAT MULTIMODAL REDUCTION IS.

THAT'S THE BREAD AND BUTTER, RIGHT? THAT'S PEOPLE WHO ARE, WHO ARE WALKING, WHO ARE BIKING, UM, WHO ARE, WHO ARE PERHAPS IN THE NEIGHBORHOOD ALREADY.

WHAT IS THIS BYPASS TRIPS AND WHY IS IT 44%? SO THAT WILL BE, I'LL HAVE TO QUEUE IN EITHER ALFREDO CELL OR JORGE PENA.

UM, THAT, THAT I KNOW ENOUGH TO BE DANGEROUS ABOUT TRAFFIC ENGINEERING, BUT NOT, NOT QUITE MAGGIE.

'CAUSE THAT'S BASICALLY SAYING THAT HALF OF THE TRIPS THAT THE ITE TRIP GENERATION MANUAL WOULD PRESCRIBE FOR THIS SITE ARE NOT GONNA HAPPEN.

SO WE NEED, I THINK WE NEED TO KNOW WHY, WHY, FIRST OF ALL, WHAT BYPASS IS AND, AND WHY, HOW THEY GOT TO 44% FOR THAT, PLEASE.

SO WE DO HAVE, UM, JORGE PENA ON ZOOM.

JORGE, JORGE, BEFORE YOU SPEAK, I NEED TO SWEAR YOU IN.

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

THANK YOU.

SO, UM, SINCE THIS IS A, A, A, UH, RESTAURANT WITH, UM, 450 SEATS APPROVED PREVIOUSLY, NOW WE ARE HAVING A, A PROPOSED INCREASE OF 67 TRIPS.

UH, WE DID ACTUALLY A TRAFFIC COUNT AND ALL THE LEVEL OF SERVICES ALSO, THEY ARE COMPLIANT AND THEY ARE, UH, THEY ARE NOT CHANGING.

SO THE LEVEL OF SERVICES BASICALLY IS BASED ON THE CAPACITY THAT, THAT THE STREETS CAN AND, UH, RECEIVE.

AND THIS WAS ALSO, UH, ANALYZED BY THE PEER REVIEWERS FROM, UH, CITY OF MIAMI BEACH.

UH, SO THE MOST IMPORTANT THING HERE IS THAT THE LEVEL OF SERVICES OF THE, OF THE EXISTING CONDITIONS AND THE PROPOSED CONDITIONS IS UNCHANGED.

SO NO, NO IMPACTS WILL, WILL, WILL HAPPEN, UH, WITH THIS RESTAURANT.

I DON'T KNOW IF THAT ANSWERED THAT, THAT QUESTION.

THA THANK YOU, HARE.

CAN YOU PLEASE DEFINE FOR US WHAT BYPASS TRIPS IS? THE BYPASS TRIPS ARE BASICALLY, UH, THOSE TRIPS THAT THEY ARE NOT GOING FROM HOME TO THE RESTAURANT.

IT'S BASICALLY TRIPS THAT ARE, UH, WITHIN THE STREETS AND THAT ARE GOING TO THE RESTAURANTS.

NOT, NOT, NOT SPECIFICALLY IF YOU, UH, PLANNED TO GO TO THE RESTAURANT, THAT'S, THAT'S A TRIP.

BUT A BYPASS TRIP IS BASICALLY IF YOU ARE ON THE STREET AND YOU, AND YOU DECIDE TO GO TO THE RESTAURANT.

OKAY.

SO, OKAY.

SO IF MY UNDERSTANDING IS CORRECT, THESE ARE PEOPLE THAT ARE DRIVING BY THAT, THAT JUST HAPPEN TO SEE THE RESTAURANT AND DECIDE TO STOP THERE? THAT IS CORRECT.

OKAY.

OR IT COULD THAT ALSO BE UBER? UBER, BECAUSE AN UBER DRIVER COUNTS AS A TRIP, RIGHT.

AND THEY'RE NOT COMING FROM HOME.

THAT IS CORRECT.

UH, WELL HANG ON A SECOND THERE.

AND UBER IS A SPECIFIC TRIP FROM POINT A TO POINT B, BUT JUST TO GET BACK TO THIS.

SO PARKING, SO YOUR UNDERSTANDING, YOUR PROFESSIONAL UNDERSTANDING IS THAT THESE ARE PEOPLE ON THE STREET NETWORK ALREADY THAT DIDN'T NECESSARILY KNOW ABOUT THIS RESTAURANT THAT ARE PASSING BY AND DECIDE TO GO TO THIS THIRD LEVEL RESTAURANT? YES.

OR, OR EVEN, EVEN EVEN, UH, WALKING, UH, PEOPLE WALKING WOULD BE MULTIMODAL, CORRECT? YES.

OKAY.

ALL RIGHT.

SO I'M HAVING A, I'M SORRY, JORGE, I'M HAVING A HARD TIME BELIEVING THIS, THAT 44%, UH, OF, OF THE, MY UNDERSTANDING IS WHAT YOU'RE SAYING IS THAT OF ALL THE TRIPS, 44% OF THE PEOPLE THAT ARE GOING TO, THAT ARE DRIVING TO THIS RESTAURANT ARE, ARE STOPPING THERE ONLY BECAUSE THEY HAPPEN TO PASS BY.

YES.

THAT IS THE DEFINITION OF PASS BY TRIPS.

OKAY.

SO HOW DID YOU GET TO 44%? THAT'S ALMOST HALF.

SO MR. HOLTEN OFF, I THINK ONE THING, UH, JORGE MENTIONED IT, YOU KNOW, THIS WENT THROUGH A RIGOROUS PROCESS WITH THE TRANSPORTATION DEPARTMENT.

OKAY.

AND A PEER REVIEWER, RIGHT? WE HAVE TO PAY AN INDEPENDENT THIRD PARTY PEER REVIEWER, MULTIPLE CYCLES OF REVIEW.

UM, SO WE UNDERSTAND WHAT YOU'RE SAYING, BUT I THINK THE TRANSPORTATION DEPARTMENT HAS REVIEWED AND APPROVED THIS STUDY, INCLUDING THAT, THAT BYPASS NUMBER, UH, THROUGH A VERY RIGOROUS MULTIPLE MONTH PROCESS.

UM, I DON'T KNOW IF ON THE FLOOR HERE TODAY, WE CAN KIND OF EXPLAIN.

I'VE NEVER SEEN

[02:10:01]

A TRAFFIC STUDY THAT DOESN'T SAY THAT, THAT THAT TRAFFIC IMPROVES OR, OR IS BASICALLY NO IMPACT.

AND THIS IS ONE WHERE WE'RE, WE'RE SAYING BASICALLY IT'S A LARGE INCREASE IN SEATS ON A THIRD LEVEL, AND THAT HALF OF THE TRIPS ARE JUST PEOPLE WHO ARE PASSING BY WHO DECIDE TO STOP THERE.

IT DOESN'T COMPUTE, IT DOESN'T PASS THE SMELL TEST.

I'M SORRY.

SO I THINK WE NEED TO, TO KNOW MORE ABOUT HOW WE GOT TO 44%, OR ALSO I'LL MOVE TO CONTINUE THIS UNTIL WE, I'M HAPPY TO CONTINUE THIS UNTIL WE CAN HAVE THE EXPERTS, I MEAN THE STAFF.

ANY HAVE ANY COMMENT ON THAT? WELL, I WOULD SAY SINCE WE DON'T, I MEAN, I, I WOULD SUPPORT THE CONTINUANCE REQUEST TO HAVE THE TRANSPORTATION DEPARTMENT HERE TO CAN ALSO, UM, RESPOND TO ANY COMMENTS.

MY, I I AGREE.

I THINK SO.

SO BASICALLY THIS IS A, THIS IS A THIRD FLOOR RESTAURANT.

NO ONE'S GONNA SEE IT WALKING ON THIS, WALKING BY THE STREET UNLESS THEY KNOW IT'S THERE.

SO I, I DO BELIEVE THIS IS, THIS IS MORE OF A DESTINATION RESTAURANT PEOPLE PLAN TO GO.

THERE'S NOT, OH, I'M JUST, I'M JUST GONNA WALK, JUST DECIDE TO, TO HOP IN.

SO I DO THINK THAT THAT, UM, PASS BY NUMBER IS QUESTIONABLE AS, AS MATTHEW MENTIONED, BUT I WOULD, I THINK WE NEED TO HAVE THE, UM, TRANSPORTATION DEPARTMENT AS WELL AS THE CITY'S PEER REVIEWER HERE TO, TO RESPOND TO THESE QUESTIONS.

I, I UNDERSTAND MATTHEW'S CONCERNS REGARDING, YOU KNOW, THE IMPACT ON THE NEIGHBORHOOD AND THE TRAFFIC IMPACT AND, UM, THE INCREASE OF SEATS.

AND IT IS A HUGE PROJECT.

AND I, AND, AND, AND WHEN WE FIRST LOOKED AT THIS, UM, AND APPROVED IT, IT, IT WAS A BIG CONCERN TO HOW WE'RE GONNA MANAGE THE EXTRA, UM, TRAFFIC COMING IN AND WITH THE VALETS.

AND, UM, I DO THINK THOUGH THE WHOLE PROJECT IS NOT WHAT WAS BEING QUESTIONED TODAY, WE'RE LOOKING AT SPECIFICALLY ADDING THE THIRD RESTAURANT, WHICH IS, UH, PUTTING A BIT OF A DENT AND A BIT OF A CHANGE INTO THE, THE, THE, THE NUMBER OF PEOPLE AND CLIENTS.

BUT, UM, I MEAN, I THINK WE GOT THE BEST CASE SCENARIO AS FAR AS THE TYPE OF RESTAURANT THAT BE ADDING ITSELF TO, TO, TO, TO THE TWO OTHER, UH, FLOORS.

UM, AGAIN, BASED ON THE FACT THAT IT'S NOT A RESTAURANT THAT WILL HAVE TONS OF TURNOVER, IT'S NOT A CLUB.

SO WE'RE LOOKING AT SOMETHING OUT OF ALL THESE SCENARIOS OF A, OF, OF, OF A THIRD RESTAURANT ADDING ITSELF.

AND I THINK WE GOT PART OF THE BEST CASE SCENARIO.

UM, I THINK WHAT WE DON'T WANT TO SEE IS THIS PLACE FAIL.

AND, UM, UM, AND IT, ALTHOUGH IT'S, YOU KNOW, THEY'RE LAY, YOU KNOW, THE RESPONSIBILITY LAYS ON THEM.

I THINK WE GOTTA BE CAREFUL RIGHT NOW OF, OF, OF SLOWING DOWN, YOU KNOW, A PROJECT THAT IS, UM, LIKE WHAT, WHAT IF THE, THIS TRAFFIC PLAN THAT COMES BACK AND YOU DON'T APPROVE.

SO WHAT IS IT WOULD YOU WANTED THEM TO SEE DO WITH THE THIRD FLOOR? LIKE, SO, SO US SLOWING THEM DOWN FROM GETTING TO WHERE THEY NEED TO BE PROFITABLE.

RIGHT.

WELL, SO WHAT, WHAT HAPPENS THEN? SO WHAT DO YOU WANT THEM TO SUGGEST INSTEAD? LIKE IF WE'RE, IF WE'RE GONNA, YOU KNOW, CREATE SOME ISSUES WITH THEM OPENING UP THIS RESTAURANT, THEN PLEASE TELL ME WHAT YOUR BEST CASE SCENARIO IS.

THANK YOU.

BUT IT'S, IT'S NOT OUR, OUR JOB TO DETERMINE THE USE.

IT'S OUR JOB TO EVALUATE THE APPLICATION IN FRONT OF US.

AND SO THE APPLICATION IN FRONT OF US IS SPECIFICALLY TO YES, THE 67 SEATS.

EXACTLY.

AND THESE 67 SEATS ARE NOT GONNA, AS, AS STAFF HAS BASICALLY SAID, THEY AGREE WITH ME, THEY'RE NOT GOING TO BE JUST PASSING BY.

AND I THINK THE TRAFFIC STUDY IN MIAMI BEACH TRAFFIC IS UP THERE IN THE TOP THREE CONCERNS AMONGST, AMONGST OUR, OUR NEIGHBORS.

MM-HMM .

BUT, BUT CAN I SAY IN TERMS OF THE TYPE OF USE, RIGHT? YOU'VE ONLY GOT MAYBE 15 SEATS AROUND THE OMAE BAR, AND THEN THE REST OF IT ARE GONNA BE LITTLE LOUNGE SEATINGS IN THERE.

YEAH.

AND SO BY BYPASS SEATING, IT COULD IN FACT BE PEOPLE WAITING FOR THEIR TABLES DOWNSTAIRS WHO COME UP FOR A DRINK.

AND I MEAN, THERE'S NOT GONNA BE PEOPLE COMING SPECIFICALLY THERE, NOT MANY WHO ARE COMING SPECIFICALLY THERE TO HAVE A DRINK.

WHAT I IMAGINE IS THERE'S TWO SEATINGS PER NIGHT FOR THE OMAE EXPERIENCE, WHICH IS HOW IT USUALLY IS.

THERE'S 15 PEOPLE WHO GET TO SIT AT THE BAR WHILE DURING THE EXPERIENCE.

AND THEN THE REST IS LOUNGE SEATING WHERE PEOPLE EITHER COME UPSTAIRS FROM THE, WHILE THEY WAIT FOR THEIR OTHER TABLES, OR THEY'RE WAIT, THEY GET THERE EARLY AND THEY'RE WAITING FOR THEIR NEXT SEATING IN THE OMA CAE EXPERIENCE, I GUESS MY POINT BEING, THEY MAY HAVE, YOU KNOW, IT'S POSSIBLE THAT THEY WERE USING THE, THE SAME SORT OF STANDARDS OR STATISTICS AS THEY WERE FOR THE LOWER TWO LEVELS, WHICH PROBABLY WOULD BE A NUMBER SIMILAR TO THAT.

THE 44% I THINK IT WAS BECAUSE YOU'VE GOT MORE OF A DELI OR, OR A, YOU KNOW, A, A LUNCH SPOT WHERE PEOPLE ARE IN FACT COMING IN OFF THE STREETS AS THEY'RE WALKING BY HERE ON THE THIRD FLOOR.

I AGREE WITH YOU.

IT'S, IT'S MOSTLY, YOU KNOW, SITTING AT THE SEATS, IT'S

[02:15:01]

PROBABLY GOING TO BE PEOPLE WHO RESERVATIONS WHO ARE COMING DIRECTLY THERE.

BUT AS TO THE BAR IN THE LOUNGE AS WE SEE IN LIKE, YOU KNOW, IN MILA FOR EXAMPLE, YOU KNOW, A LOT OF IT ON THE OMAE LEVEL ARE PEOPLE WHO ARE WAITING FOR THEIR TABLES UPSTAIRS AND THEY MAY COME DOWN FOR A DRINK OR VICE VERSA.

AND SO PERSONALLY, I MEAN, WE, I EXPRESSED TESTS I THINK, I THINK I DID, BUT I REMEMBER AGREEING WITH SOME PEOPLE IN TERMS OF THE HESITATION OF HOW BIG OF AN ESTABLISHED ESTABLISHMENT THIS IS, UM, GOING INTO THIS LOCATION, UH, GIVEN ITS SIZE COMPARED TO OTHER RESTAURANTS IN MIAMI BEACH, UH, THE PARKING IS AN ISSUE.

AND, AND, YOU KNOW, I'M NOT SUPER COMFORTABLE WITH IT BEING TWO MORE BLOCKS AWAY.

UM, THAT, YOU KNOW, DEFINITELY CREATES MORE TRIPS AND, AND A LONGER TURNAROUND TIME FOR, FOR VALET OPERATORS TO RETURN.

BUT I SEE THAT STAFF INCLUDED A PRETTY HEFTY NUMBER IN TERMS OF VALET ATTENDANCE.

I DON'T THINK WE SHOULD MESS WITH THAT.

UM, AND I, I'M NOT SURE IF THAT'S WHAT YOUR PROPOSAL WAS TO REDUCE THAT OR NO, NO.

WE'RE, WE'RE ACCEPT NO, YOU'RE OKAY WITH THAT.

SO, YOU KNOW, ADDING IN AN ADDITIONAL 67 SEATS, I DON'T THINK, AND ESPECIALLY I, I'M, I, I AGREE WITH MY COLLEAGUES THAT, YOU KNOW, THIS IS THE BEST CASE SCENARIO HAVING AN OMAE BAR WITH, WITH, YOU KNOW, UH, YOU KNOW, IT'S BRINGING IN A HIGH END CROWD WITH NOT A LOT OF TURNOVER OF TABLES.

UH, SO I'M OKAY WITH THIS.

I, YOU KNOW, CERTAINLY LOOKING FORWARD TO SEEING THE STATUS REPORTS AS TO, YOU KNOW, HOW IT'S PROGRESSING, HOW THE TRAFFIC LOOKS AND HOW THE NEIGHBORS ARE REACTING TO IT.

BUT THAT'S WHY WE HAVE THAT PROCESS.

AND, AND I, I AM ALSO IN AGREEMENT THAT I WANT TO, YOU KNOW, GIVE, WE APPRECIATE THE INVESTMENT YOU MADE IN THE BUILDING AND, AND, UM, UNDERSTAND HOW THE COST CAN SKYROCKET.

UM, AND SO I, YOU KNOW, I THINK WE SHOULD, YOU KNOW, GIVE YOU GUYS THE BENEFIT OF THE DOUBT AND APPROVE THIS, AND LET'S SEE WHAT HAPPENS.

MR. CHAIRMAN, CAN I MAKE ONE RESPONSE, PLEASE, SIR? THE GODFATHER? YES.

.

UH, TWO POINTS.

UM, FIRST, UH, MATTHEW, THANK YOU VERY MUCH FOR YOUR CRITIQUES.

THEY'RE ALWAYS WELCOME, EVEN IF I DON'T AGREE WITH THEM.

UM, HERE, YOU KNOW, WE HAD A TRAFFIC REVIEW PROCESS THAT STARTED IN JUNE OF LAST YEAR.

THAT'S HOW COMPLICATED AND THOROUGH IT IS, AND WAS DONE BY KIMBERLY HORN WITH ADRIAN DEBOWSKI, WHO'S A WELL RENOWNED TRAFFIC ENGINEER IN SOUTH FLORIDA.

AND THEY PUT HER THROUGH THE RINGER.

THAT'S WHY WE'RE ONLY BEFORE YOU TODAY, JANUARY, 2025.

YOU KNOW, MONTHS AND MONTHS AFTER THE TRAFFIC REVIEW PROCESS WAS INITIATED, BEFORE THE PEER REVIEW PROCESS WAS A COMMON THING IN MIAMI BEACH.

YOU ALL HAD EVERY RIGHT TO BE SKEPTICAL TO, YOU KNOW, CRITIQUE AND SAY MAYBE THAT THEY'RE BIASED, THAT YOU'RE A HIRED GUN.

BUT ONCE THE PEER REVIEW PROCESS IS INITIATED IN MIAMI BEACH, THAT HAS TO LEND SOME SENSE OF CREDIBILITY TO THE FINISHED PRODUCT THAT COMES BEFORE YOU BECAUSE IT HAS BEEN THOROUGHLY VETTED BY THESE PEER REVIEW ENGINEERS WHO ARE NOT CITY EMPLOYEES.

SO THE LAST LAYER OF REVIEW IS THE TRANSPORTATION DEPARTMENT ITSELF, WHO HAS ACCEPTED ALL OF THESE FACTS AND FIGURES.

MY SECOND POINT IS REGARD TO INTENSITY.

I'M PRETTY MUCH APPROACHING ELDERLY STATUS, SO I LOVE GOING TO DINNER AT SIX, 6:30 PM I'LL TELL YOU, WHEN I GO TO KITCH, ONE OF MY FAVORITE PLACES, I'LL GO THERE AT 6:30 PM TOOK MY MOM RECENTLY, SHE WAS VISITING.

THERE WAS LIKE FIVE PEOPLE IN THE RESTAURANT.

I LOVED IT.

AND THE MUSIC WAS LOW.

OF COURSE, THE INTENSITY RATCHETS UP, BUT IT ONLY REACHES A PEAK 9, 9 30 'CAUSE WE'RE A LATE NIGHT CROWD HERE.

BUT IT'S NOT ALWAYS BE THE SAME LEVEL OF INTENSITY FROM BEGINNING TO END.

THERE'S A BELL CURVE GETS MOST INTENSE ABOUT NINE, IT DIES DOWN ABOUT 11.

SO WHETHER IT'S INTENSITY YOU'RE TALKING ABOUT, OR THE QUALITY, THE VERACITY OF THE TRAFFIC STUDY, WE'RE IN GOOD SHAPE HERE, AND WE'RE COMING BEFORE YOU ASKING FOR YOUR APPROVAL.

I'M ALSO GONNA OBJECT TO YOUR APPROACHING, UM, ELDERLY STATUS.

.

SO , MIDDLE AGED.

MIDDLE AGED.

A QUESTION.

COULD I, COULD I, ARE YOU FINISHED? COULD I, I HAVE A QUESTION FOR, FOR MICHAEL.

UM, WHAT'S BEFORE US IS JUST A INCREASE IN THE SEAT COUNT TODAY, CORRECT? WELL, THAT, THAT IS BEFORE YOU TODAY.

WE ALSO INCLUDED SOME ADDITIONAL MODIFICATIONS TO WHAT WAS PREVIOUSLY APPROVED.

BUT IN TERMS OF THE WHATEVER TYPE OF RESTAURANT, WHETHER IT'S AN ADDITIONAL RESTAURANT OR THE SAME RESTAURANT OR ANY RESTAURANT ON THE THIRD LEVEL, THAT'S NOT IN THE DRAFT ORDER, CORRECT? RIGHT.

BUT WE'RE NOT THIS, THIS, THIS IS NOT TIED TO A SPECIFIC RESTAURANT.

SO WHAT WE'RE DOING IS INCREASING THE SEAT COUNT POTENTIALLY TODAY AND, AND IN PERPETUITY IS THAT, OR IT'S A WELL, AS LONG AS THE CONDITIONS OF THE COP ARE COMPLIED WITH.

SO IT COULD BE WHILE, WHILE, WHILE IF IT'S APPROVED AND THIS JAPANESE RESTAURANT, UH, IS, IS OPERATING RIGHT, UM, YOU KNOW, IT WOULD BE POTENTIALLY LIKE A ONE,

[02:20:01]

A ONE SEAT, VERY MINIMAL IMPACT, BUT IT COULD VERY WELL BE SOMETHING ELSE IN THE FUTURE.

RIGHT.

WELL THEN THERE'S ALSO, WE HAVE THIS NEW CONDITION NOW.

SO THERE IS THIS ANNUAL PROGRESS REPORT.

SO REGARDLESS OF, YOU KNOW, IN THE FUTURE THEY DO A CHANGE OF OWNERSHIP, CHANGE OF NAME, CHANGE OF RESTAURANT, UM, CHANGE OF CONCEPT.

THIS IS GONNA COME BACK TO YOU ON AN ANNUAL BASIS FOR REVIEW.

AND TO FURTHER AMPLIFY WHAT MICHAEL JUST SAID, IF YOU LOOK AT CONDITION NUMBER SIX, IT SAYS THE APPLICANT NOW IN THE FUTURE SHALL ABIDE BY ALL DOCUMENTS AND STATEMENTS SUBMITTED WITH THE APPLICATION.

OUR OPERATIONS PLAN SPECIFICALLY ADDRESSES THIS OMAZE RESTAURANT.

WE CAN MAKE CONDITION SIX EVEN THAT MUCH MORE EXPLICIT AND CALL OUT THE TYPE OF RESTAURANT THAT MAKES YOU ALL FEEL MORE COMFORTABLE.

RIGHT.

AND THEN IF YOU WANTED TO CHANGE IT, YOU'D HAVE TO COME BACK FOR A MODIFICATION.

ALRIGHT? EXACTLY.

I THINK THAT WOULD MAKE PEOPLE MORE COMFORTABLE IF YOU OKAY, I'M FINE WITH THAT.

OKAY.

AND I, THAT WOULD MAKE ME MORE COMFORTABLE.

GOOD.

UM, I APPRECIATE YOUR COMMENTS ABOUT THE TRAFFIC STUDY, BUT I, I CAN'T GET OVER THIS THERE, THIS 44%, I DON'T DOUBT THAT THE TRAFFIC STUDY WAS VERY THOROUGH AND IT WAS PEER REVIEWED.

SOMETIMES THINGS SLIP BETWEEN THE CRACKS AND PERHAPS THIS WAS A NUMBER USED IN MANY DIFFERENT STUDIES OVER THE TIME, BUT IT JUST, IT DOESN'T PASS THAT TEST, THAT S SMELL TEST BASED UPON THE LENGTH OF THE REVIEW.

I DOUBT IT.

BUT YOU KNOW, TO ADDRESS YOUR BROADER CONCERN ABOUT THE METHODOLOGY USED AND WHAT DISCOUNTS ARE AGREED UPON, I THINK YOU ALL COULD HAVE A ACTUAL, A SMALL WORKSHOP HERE WITH THE CITY TRANSPORTATION DEPARTMENT EXPLAINED TO YOU THEIR POSITION BECAUSE THEY ULTIMATELY HAD TO HAVE A BUY-IN ON THIS STUDY AS WELL.

I'M NOT SAYING YOUR CRITIQUE IS WRONG, I'M THINKING THAT WE DID IT PROPERLY HERE, BUT IF IT NEEDS A FURTHER EXPLANATION, I THINK IT, A WORKSHOP HERE IS WARRANTED JUST TO UNDERSTAND THE TRAFFIC REVIEW PROCESS EVEN MORE THOROUGHLY.

WHAT YOU ALSO CAN DO AS PART OF THEIR FIRST PROGRESS REPORT, I WOULD SUGGEST, UM, THAT YOU HAVE A, A TRAFFIC ANALYSIS DONE TO COMPARE THE REAL, THE REAL WORLD SCENARIO, UM, COMPARED TO WHAT WAS PROPOSED AS PART OF THE TRAFFIC STUDY.

AND THEY CAN, UM, HIGHLIGHT THE DIFFERENCES.

THAT'S FINE.

SO I AM SUPPORTIVE OF THIS, HOWEVER, I THINK THIS IS SO CRITICAL THAT I STILL AM GONNA MAKE THAT MOTION TO CONTINUE IT ONE MORE MONTH SO THAT WE CAN LEARN MORE ABOUT THIS.

IF THERE'S A SECOND, GREAT.

UM, IF NOT, ALL RIGHT.

WE HAVE A MOTION ON THE TABLE.

DOES ANYONE WANT A SECOND? A CONTINUANCE? NO.

ALRIGHT, SO THAT FAILS.

MOTION TO APPROVE THIS.

OKAY.

WE HAVE A MOTION TO APPROVE.

I'LL SECOND.

ALRIGHT.

DO YOU WANNA INCLUDE A CONDITION REGARDING THE TYPE OF RESTAURANT? YEAH, I THINK MICHAEL WILL ACKNOWLEDGE THAT'S FINE.

THEY'RE OKAY WITH THAT.

AND THAT IF THEY WANT TO CHANGE IT, THEY COME BACK.

AND BY THE WAY, THE REQUIRED UM, UH, STATUS UPDATE IS, IS HOW LONG AFTER? UM, WELL WE, THEY HAVE TO DO IT'S ANNUAL, BUT IT'S 90 DAYS.

I THINK IT, IT SAYS, UM, OH, THE FIRST ONE'S 90 DAYS AND THEN ANNUALLY AFTER THAT, CORRECT? MM-HMM .

OKAY.

BUT JUST KNOW, I THINK THAT ESPECIALLY SINCE THE BOARD HAS MADE A SPECIFIC CONCERN REGARDING TRAFFIC, WE WANNA MAKE SURE IT'S PART OF THAT PROGRESS REPORT THAT YOU DO AN UPDATED STUDY TO SHOW THE REAL WORLD, UM, UM, OPERATION OF THE VALET AND THE TRIPS AND HOUSE.

SO SIMILAR WHAT WE DID FOR IKA VALET UTILIZATION ANALYSIS, WE CAN RIGHT, THAT'S FINE.

GOOD WITH THAT WE SHOULD INCLUDE THAT.

YEAH, WE'LL INCLUDE THAT AS, ALRIGHT, SO THAT'LL BE PART OF THE, UH, PROGRESS REPORT.

I HAVE, I HAVE ONE MORE QUESTION REGARDING THE DRAFT ORDER.

UM, AND LET'S SEE, UNDER C YOU MADE SOME CHANGES FROM DELIVERIES, MUST TO DELIVERY SHALL BE CONDUCTED.

WHAT IS THE DIFFERENCE THERE? YOU KNOW, THE LAWYER AND BRIAN IS, I DON'T FIND A DIFFERENCE BETWEEN MUST AND SHALL, BUT SHALL IS THE USUALLY MORE OPERATIVE WORD.

YEAH.

SHALL IS SHALL IS LIKE, UM, MORE FIRM.

YEAH, IT IS MORE FIRM.

OKAY.

AND THEN, UM, BETWEEN B AND AND F WE HAVE B SAYS DELIVERIES MUST OCCUR BETWEEN 9:00 AM AND 11, OR EXCUSE ME, AND 1:00 PM EVERY DAY.

F SAYS DELIVERIES AND WASTE COLLECTION MAY OCCUR DAILY BETWEEN 9:00 AM AND 5:00 PM THOSE DON'T MATCH.

YEAH, WE CAN INCLUDE, WE CAN CHANGE RESULT TO SHALL SURE.

NINE TO ONE IS FINE.

I'M SORRY.

TIMES, WELL REALLY I'M ASKING ABOUT NINE TO ONE THE TIMING.

OKAY.

YEAH, THAT'S WHAT I'M SAYING.

NINE TO ONE IS FINE.

OKAY.

NINE TO ONE.

OKAY.

YOU CAN MODIFY CONDITION F TO BE CONSISTENT WITH B.

SHOULD WE STRIKE B? EH, YOU DON'T, WHATEVER, IT DOESN'T MATTER.

CAN STRIKE B AND CHANGE F TO NINE TO ONE, RIGHT? YEP.

NINE TO ONE.

YEAH.

UM, YOU KNOW, THE, YOU STRUCK THE PROVISION, A PROGRESS REPORT BEFORE THE PLANNING BOARD SHALL BE REQUIRED PRIOR TO ANY CHANGE IN VALET PARKING, STORAGE LOCATION.

I MEAN, I GUESS IT'S MOOT POINT NOW THAT YOU'VE LIKE TRIPLED THE DISTANCE THEY HAVE TO TRAVEL.

UM, BUT THAT WAS, THAT WAS SURPRISING.

UM, I'M OKAY WITH THE PROPOSED CHANGE THAT YOU, THAT YOU SUGGESTED REGARDING 11 MM-HMM UH, THE CURB CUT FOR THE BTR FOR

[02:25:01]

THE, THE THIRD LEVEL RESTAURANT THIS TIME.

OKAY.

ALRIGHT.

WE HAVE A MOTION A SECOND.

UM, ALL IN FAVOR? MAY I HAVE A WORD? ALL OPPOSED? SO I JUST HAVE TO SAY THIS, I'M SUPPORTIVE OF THE RESTAURANT.

I UNDERSTAND THE, THE RATIONALE BEHIND WHY, UM, THE ECONOMIC REASONS THE SEAT COUNT IS JUST, IS, IS TOO HIGH.

THE IMPACT IS TOO HIGH.

I HOPE THAT YOU SUCCEED, I WILL BE A CUSTOMER OF YOUR RESTAURANT.

UM, BUT IT'S, I I I CANNOT SUPPORT A TOP THREE INCREASE WITH THE LOCATION, THE INTENSITY OF USE, THE CONCENTRATION OF USES.

I, I I'M SORRY.

SO THAT'S A NO, I JUST WANT TO GET THE COUNT.

A NO.

YES.

OKAY.

SO IT PASSES THE SIX ONE.

ALRIGHT.

ALRIGHT.

THANK YOU GUYS.

THANK YOU ALL FOR YOUR TIME.

THANK YOU HONOR.

APPRECIATE IT.

THANK YOU.

ALRIGHT, UM, MOVING

[12. PB24-0727. Comprehensive Plan FLUM Amendment For The Mxe (Mixed Use Entertainment District In North Beach. ]

ON TO NEW COMPREHENSIVE PLANNING CODE AMENDMENTS.

THE FIRST ONE IS PLANNING BOARD FILE 24 0 7 2 7.

UH, THE MXE MIXED USE ENTERTAINMENT DISTRICT IN NORTH BEACH.

I GUESS OUR, OUR, UH, 14 AND 15 COMPANIONS.

THAT'S CORRECT.

WE CAN TAKE THE, THE NEXT TWO TOGETHER.

OKAY.

AND THIS IS, UM, BEGINS ON PAGE 97 OF THE BOARD PACKAGES.

THIS IS PB 24 DASH 0 7 27, THE COMPREHENSIVE PLAN PLUME AMENDMENT FOR THE MX E MIXED USE DISTRICT IN NORTH BEACH AND PB 24 DASH 0 7 2 8.

THE ZONING DISTRICT CHANGE FOR THE MXC MIXED USE DISTRICT IN NORTH BEACH.

IF YOU LOOK ON PAGE, UM, 102 OF THE BOARD PACKAGES, YOU CAN SEE WHERE WE HAVE THE, UM, MXC MIXED USE ENTERTAINMENT DISTRICT LOCATED IN NORTH BEACH ALONG OCEAN TERRACE BETWEEN 73RD STREET AND 75TH STREET.

THAT'S CURRENTLY ZONED AS MXC.

THIS PROPOSAL, UM, IS TO CHANGE THAT ZONING TO CD TWO, WHICH IS COMMERCIAL MEDIUM INTENSITY, WHICH IS CONSISTENT TO THE ZONING DISTRICT, UM, TO THE WEST.

UM, THIS IS LARGELY, UM, UH, AN IMPRESSION ORDINANCE.

IT DOESN'T REALLY CHANGE A LOT, BUT IT DOES REMOVE THE IDEA THAT THIS IS AN ENTERTAINMENT DISTRICT AND, UM, ALIGNS MORE WITH THE COMMERCIAL MEDIUM INTENSITY DISTRICT OF THE, UM, ZONING DISTRICT TO THE WEST.

THAT'S ALL THIS DOES.

IT JUST CHANGES THE ZONING DISTRICT FROM, UM, FROM C FROM MXC TO CD TWO AND CHANGES THE FUTURE LAND USE MAP FROM MXE TO CD TWO.

THE, UM, FAR AND UM, DENSITY LIMITS, UM, REMAIN THE SAME AS THEY ARE CURRENTLY.

AND THIS WAS, UM, REVIEWED BY THE, UM, THE LAND USE AND SUSTAINABILITY COMMITTEE ON SEPTEMBER 5TH, AND THEY RECOMMENDED THAT THE PLANNING BOARD TRANSMIT THESE ORDINANCES TO THE CITY COMMISSION WITH FAVORABLE RECOMMENDATIONS.

VICE PUBLIC COMMENT, UM, MAY I APPROACH? SURE, GO AHEAD.

HELLO, CHAIR.

IT'S THE FIRST TIME THAT I DO THIS, SO I MIGHT BE A LITTLE BIT NERVOUS.

COULD YOU JUST SPEAK INTO THE MIC? HELLO, CHAIR AND, UH, BOARD MEMBERS.

IT'S THE FIRST TIME THAT I DO THIS, SO I MIGHT BE A LITTLE BIT NERVOUS.

PLEASE, UH, BEAR WITH ME.

YOU'RE DOING GREAT, .

AND YOU JUST INTRODUCE YOURSELF, YOUR NAME AND YOUR ADDRESS.

I AM, UH, JAMES CIO.

I AM THE, UH, FOUNDER AND PRINCIPAL OF SUSHI BEACHY RESTAURANT ON OCEAN TERRACE.

CURRENTLY WE'RE THE ONLY HOSPITALITY BUSINESS OPERATING ON OCEAN TERRACE, SO WE'VE BEEN OPERATING FOR A YEAR AND A HALF.

UM, WE'VE BECOME VERY POPULAR PEOPLE LIKE US.

OUR, UH, CLIENTELE IS, UH, PRETTY MUCH MID BEACH, THE ISLANDS.

UH, AS FAR AS BAY HARBOR BALL HARBOR, THAT'S PRETTY MUCH, UH, THE BULK OF OUR CLIENTELE.

I AM HERE NOT TO OPPOSE, UH, A CHANGE OF ZONING.

I AM HERE TO ASK FOR EQUITY.

UH, IT IS MY UNDERSTANDING THAT THERE IS A DEVELOPMENT ENTITY IN THE AREA THAT IS EXEMPT FROM FUTURE LAND USE CHANGES THAT WOULD PUT MYSELF AT A DISADVANTAGE.

UH, I WOULD ALSO LIKE YOU TO CONSIDER THAT THE BANDSHELL IS A, AN ENTERTAINMENT, UH, UH, UH, ENTITY.

UH, IT'S, IT'S UNEQUITABLE TO HAVE SUCH A LARGE ENTERTAINMENT, UH, ENTITY TO HAVE A LARGE DEVELOPMENT THAT, AS I UNDERSTAND IT, IS EXEMPT FROM FUTURE LAND USE CHANGES AND THEN HAVE A SMALL, UH, NEW THRIVING BUSINESS, UH, NOT BENEFIT FROM, FROM BEING ABLE TO HAVE THESE, UH, ENTERTAINMENTS IF I WOULD CHOOSE TO.

NOT THAT I CURRENTLY DO.

I DON'T

[02:30:01]

WANNA BE PUT AT A DISADVANTAGE AND, UH, WHATEVER YOU CHOOSE SHOULD BE CHOSEN IN AN EQUITABLE MANNER THAT IS FAIR TO EVERYBODY ON OCEAN TERRACE.

SO, JUST TO BE CLEAR, YOUR REQUEST WOULD BE, I I DON'T, I DON'T HAVE A PARTICULAR REQUEST.

I DON'T, UH, MY REQUEST WOULD BE THAT WHATEVER YOU CHOOSE TO DO IS DONE IN EQUITABLE MANNER.

WELL, I'M JUST TRYING TO UNDERSTAND.

FIRST OF ALL, I JUST WANNA TELL YOU, I I'VE MET YOU BEFORE I'VE BEEN TO YOUR RESTAURANT, IT'S FANTASTIC.

UM, SO THE, THE BAN SHELL IS ZONE GOVERNMENT USE.

IT DOES, DOES NOT CHANGE THE, THE ZONING DISTRICT FOR THE BAN.

SHELL, I I UNDERSTAND, BUT THE NOISE FROM THE BAN SHELL IS AUDIBLE FROM, UH, OCEAN TERRACE OCEANFRONT CONDOMINIUM, UH, FROM AS FAR AS HARDING FROM MY RESTAURANT.

HOW CAN THAT EXIST? AND THEN, UH, OCEAN TERRACE NOT BE MXC.

WELL, RIGHT, RIGHT NOW YOU JUST, YOU CAN'T AS OF RIGHT.

DO OUTDOOR ENTERTAINMENT ANYWAY.

SO IT'S NOT JUST BECAUSE YOU'RE ZONED MXC, YOU HAVE THE RIGHT TO DO OUTRUN OUTDOOR ENTERTAINMENT, ANY SORT OF ENTERTAINMENT THAT'S OUTDOORS, BUT STILL REQUIRED.

I DON'T PLAN TO DO ANY OUTDOOR ENTERTAINMENT, BUT THE, UH, OCEAN TERRACE HOLDINGS, UH, MY UNDERSTANDING IS, IS EXEMPT FROM FUTURE LAND USE CHANGES.

I'M NOT.

IS THAT CORRECT? I, I CAN CLARIFY.

UH, BECAUSE THE DEVELOPER OF, OF OCEAN TERRACE, BECAUSE PART OF THAT PROJECT INCLUDES A PUBLIC COMPONENT.

THE CITY COMMISSION ENTERED INTO A DEVELOPMENT AGREEMENT, UH, WITH THE DEVELOPER COVERING BOTH PUBLIC AND PRIVATE, UM, PHASES OF THAT PROJECT.

UM, UNDER STATE LAW, ONCE YOU, AND UNDER THE PROVISIONS OF THE DA ITSELF, ONCE THAT DEVELOPMENT AGREEMENT IS EXECUTED, THE DEVELOPER IS VESTED IN THE CODE AT THE TIME THAT THE, THAT THE PROJECT WAS APPROVED.

SO, UH, SO, SO THIS AND ANY OTHER CHANGE THAT THE PLANNING BOARD HAS REVIEWED TO REGULATIONS FOR OCEAN TERRACE OVER THE LAST COUPLE YEARS WOULD NOT APPLY TO THE, TO THE OCEAN TERRACE DEVELOPMENT.

I'M NOT REALLY SURE THOUGH THAT THIS SPECIFIC CHANGE WOULD HAVE ANY IMPACT ON ITS OWN.

UM, BUT, BUT THERE LIES THE INEQUITY, UH, THREE, FOUR YEARS FROM NOW.

OCEAN TERRACE HAS MULTIPLE F AND B VENUES.

UH, I WOULD BE AT A DISADVANTAGE.

THEY WOULD BE ABLE TO PARTICIPATE AND ENJOY IN THE MIXED USE ENTERTAINMENT.

AND, AND I WOULDN'T NOR YEAH.

IT'S JUST NOT EQUITABLE.

IT'S NOT FAIR.

IS THAT ACCURATE? SO IN OTHER WORDS, THE OCEAN TERRACE VENUES WILL BE ABLE TO HAVE ENTERTAINMENT NO.

UNLESS THEY WERE APPROVED BY THE PLANNING BOARD PREVIOUSLY FOR ENTERTAINMENT, THEY CAN'T GO AHEAD AND ADD RIGHT.

THEY'D HAVE TO COME TO US FOR IT.

RIGHT.

ANY SORT OF, DOES HE HAVE THAT ABILITY TO COME TO THE PLANNING BOARD FOR ENTERTAINMENT? YES.

HI, JAMES.

SO, SO HE'S NOT, OKAY, I JUST WANT TO, SO, SO WHAT IS THE DIFFERENCE THEN BETWEEN MXC AND, AND MIXED USE? IT'S, IT'S LARGELY A NAME CHANGER.

IT'S A PERCEPTION OF CALLING IT MIXED USE ENTERTAINMENT VERSUS COMMERCIAL MEDIUM INTENSITY.

IT'S LARGELY JUST A PERCEPTION, WHY SHOULD I HAVE THE PERCEPTION OF, UH, MEDIUM USE COMMERCIAL AND EVERYTHING NORTH OF 74TH STREET HAS THE PERCE PERCEPTION OF MXC? NO, IT'S, IT'S, THE ZONING DISTRICT IS CHANGING PERMANENTLY.

WHATEVER, WHATEVER, UM, USES WERE APPROVED PREVIOUSLY.

IF THEY HAD THOSE USES APPROVED PRIOR TO THE ZONING DISTRICT CHANGE, THEN THEY CONTINUE WITH THOSE USES.

BUT I DON'T, I DON'T THINK THERE'S ANY SORT OF DIFFERENCE IN USES THAT, THAT WOULD BE NON-CONFORMING.

I DON'T THINK THERE'S ANY OUTDOOR ENTERTAINMENT COMPONENT THAT WAS APPROVED PREVIOUSLY THAT COULD NOT OTHERWISE BE APPROVED UNDER CD TWO.

SO IT'S, IT'S NOT LIKE WE'RE CHANGING A ZONING DISTRICT FROM SAY, A COMMERCIAL DISTRICT TO A RESIDENTIAL DISTRICT WHERE THAT WOULD RESULT IN CHANGES OF DRASTIC CHANGES OF USES WHERE YOU, YOU COULD NO LONGER, UM, COME IN TO EVEN APPLY FOR, UM, ENTERTAINMENT INDOORS OR OUTDOORS.

THIS IS LARGELY ONE COMMERCIAL DISTRICT TO ANOTHER COMMERCIAL DISTRICT.

RIGHT.

SO HIS VENUE WOULD BE ON EQUAL FOOTING WITH ANY OF THOSE VENUES THAT COME TO MOTION PARK.

UM, A RESTAURANT IS STILL ALLOWED.

THE OCCUPANCY LIMITS, UM, DON'T CHANGE IN TERMS OF WHAT'S CONSIDERED, UH, AN NIE OR NEIGHBORHOOD IMPACT ESTABLISHMENT.

IT'S LARGELY JUST A, A PERCEPTION CHANGE.

MICHAEL IS ENTERTAINMENT.

I'M FINE, I'M FINE WITH THAT IDEA.

YEAH.

WHICH WON'T IMPACT THE PUBLIC PERCEPTION, I DON'T THINK IT'S THE SAME PERCEPTION THAT YOU'RE THINKING OF WITH THE PUBLIC THINKS, OH, YOU'RE, YOU KNOW, THESE PLACES ARE GONNA BE MORE FUN THAN YOUR PRO IF CHANGING FROM COMMERCIAL MEDIUM INTENSITY TO COMMERCIAL LOW, LOWER INTENSITY, THAT DOES HAVE MORE IMPLICATIONS ON, ON USES.

THIS AREA ALREADY HAD LIMITATIONS ON THE TYPE OF USES THAT COULD BE APPROVED ALONG OCEAN TERRACE AND THAT PRIOR PROJECT WAS APPROVED IS SUBJECT TO THOSE REGULATIONS.

THERE'S THERE SOMETHING THAT I WOULD LIKE TO BRING TO ALL OF YOUR ATTENTION.

IF YOU'RE NOT FAMILIAR WITH, WITH THE AREA, THERE ARE ONLY, UH,

[02:35:01]

TWO, UH, BE, BESIDES WHATEVER WILL BE CONSTRUCTED NORTH OF 74TH STREET BY OCEAN TERRACE HOLDINGS.

CURRENTLY THERE'S ONLY TWO, UH, FNB UH, ESTABLISHMENTS THERE.

EVERYTHING ELSE IS RESIDENTIAL.

THERE'S MY BUSINESS, SO SHOULD BE TLC AND WHAT USED TO BE RONNIE'S, WHICH, UH, CLOSED DOWN.

I, IT'S MY UNDERSTANDING THAT THE PROPERTY WAS BOUGHT BY, UH, BOUTIQUE RESTAURANT, UH, HOTEL HOTELIER FROM SOUTH BEACH.

BUT IT'S, THERE'S, THERE'S JUST TWO BUSINESSES THERE.

WHAT, WHY THERE'S, THERE'S NO PROBLEMS OR NOISE COMPLAINTS OR HEAVY TRAFFIC OR PEOPLE GETTING ROBBED OR ANYTHING WRONG HAPPENING ON OCEAN TERRACE RIGHT NOW.

WHAT IS THE REASON FOR THE CHANGE? THIS CAME FROM THE CITY COMMISSION WITH A DESIRE TO REMOVE THIS, THIS, UM, MXC ZONING DISTRICT FROM THE NORTH BEACH NEIGHBORHOOD.

HI.

HI, JAMES.

GO AHEAD.

HELLO.

HI, HOW ARE YOU? IT'S GOOD TO SEE YOU.

IT'S NICE TO SEE YOU.

UM, I'VE KNOWN JAMES FOR A WHILE.

HE WAS ACTUALLY GENERAL MANAGER OF SUSHI SABA.

I DON'T KNOW IF YOU ALL KNEW THAT, BUT ANYWAY, UM, A LONG TIME AGO.

BUT NEVERTHELESS, YEAH, I THINK THE GOAL HERE IS TO ELIMINATE WHAT WE HAVE ON OCEAN DRIVE TODAY AND TO ELEVATE THE AREA SO IT WOULD ACTUALLY BENEFIT YOU AS WELL AS OUR ENTIRE NEIGHBORHOOD TO BRING THAT DOWN.

I I, I UNDERSTAND.

AND THEN, AND ANYTHING THAT WE WOULD DO AT SUSHI BEACH AND YOU WOULD HAVE THE SAME ABILITY CASE CALM, UH, MANNER, WE, UH, CONSIDER OURSELVES A BEACHFRONT SANCTUARY AND YOU WOULD HAVE THE SAME ABILITIES.

BUT I DO UNDERSTAND THE BANDSHELL ISSUE, WHICH IS A SEPARATE ISSUE.

BUT, BUT YOU WOULD AND, AND, AND WE LOVE OUR BANDSHELL FRIENDS.

WELL, WE DO TOO, BUT, BUT IT'S JUST FOR ME ABOUT EQUITY, IT'S, I THINK THAT YOU'RE GONNA BE OKAY.

OKAY.

AND YOU WOULD HAVE THE ABILITY TO COME HERE AND SAY, WE WANT TO DO THIS, WE'D LIKE TO DO THAT.

ALSO, YOU'RE ATTACHED TO A RESIDENTIAL BUILDING, WHICH IS THE SAINT EE.

YES.

AND THESE OTHERS WILL BE ATTACHED AS WELL.

SO, I MEAN, I THINK THAT IT'S JUST TRYING TO PROTECT THE RESIDENTS.

UM, I THINK THAT IT'S, THAT IT'S A GOOD THING AND, AND, BUT I THINK YOU WON'T BE, I DON'T SEE HOW YOU'RE, YOU'LL BE DISAD.

I DON'T, I DON'T DISAGREE WITH IT.

I JUST THINK THAT, I THINK THAT YOU, WELL, NO, YOU HAD THE FEELING THAT YOU'RE GONNA BE DISADVANTAGED.

I YOU'RE NOT, YOU'RE NOT GONNA BE DISENFRANCHISED.

RIGHT.

I WANT BE ON AN EQUAL PLAYING FIELD.

YOU'RE NOT GONNA BE DISENFRANCHISED.

SO THANK, I THINK SO I THINK THE I IDEA AS WELL AS THE MXC DISTRICT WAS TO ENCOURAGE HOTEL AND ENTERTAINMENT USES.

SO THE CITY NO LONGER WISHES TO ENCOURAGE HOTEL AND ENTERTAINMENT USES, BUT NOT BARS.

THAT'S, THAT'S PART OF THE REASON FOR CHANGING THIS ZONING DISTRICT TO CD TWO, WHICH DOESN'T HIGHLIGHT THAT THOSE USES, JUST TO ELEVATE IT, WE HAVE THE POTENTIAL IN NORTH BEACH TO JUST BE SOMETHING SPECIAL.

IS THERE ANYBODY ELSE ON ZOOM? SO THERE IS ONE OTHER CALLER ON ZOOM, UM, PATRICK BUCKLEY.

OKAY.

MR. BUCKLEY, MAYBE YOU'RE ON MUTE.

YOU STILL SEE HIM? THERE YOU GO.

YEAH.

YOU GUYS CAN HEAR ME OKAY? YEAH.

YEAH.

UM, I DON'T THINK, OKAY.

VERY GOOD.

OKAY.

UH, I'M PATRICK BUCKLEY.

I'M THE TREASURER OF THE BOARD OF THE OLSON CONDOMINIUM ON 7,300 OCEAN TERRACE.

AND, UM, THANK YOU, UH, TO ALL OF YOU FOR, FOR THE EFFORT, UH, YOU PUT FORTH, ESPECIALLY IN, IN TRYING TO IMPROVE OUR AREA.

WE APPRECIATE EVERYTHING YOU GUYS DO.

UM, FIRST THING IS JUST A QUICK QUESTION.

WHEN WE RECEIVED THE LETTER, THE NOTICE OF THIS MEETING ABOUT THE CHANGE IN ZONING, WE TRIED TO DO OUR OWN RESEARCH AND UNDERSTAND WHAT THE CHANGE REALLY MEANS.

UH, WITHOUT EATING UP MUCH OF YOUR TIME, , COULD ANYONE MAYBE JUST EXPLAIN TO US REAL QUICKLY, WHAT IS THE REAL CHANGE? WHAT IS, WHAT, WHAT ARE WE, WHAT ARE WE REALLY TALKING ABOUT HERE? WHAT IS GOING TO CHANGE, MICHAEL? SO, LIKE I SAID, JUST, JUST A FEW MOMENTS AGO, THE REAL CHANGE IS THAT IT DOESN'T, THIS CHANGE BASICALLY, UM, REMOVES THE ENCOURAGEMENT OF HOTEL AND ENTERTAINMENT USES ALONG OCEAN TERRACE.

THE OTHER COMMERCIAL USES ARE PERFECTLY ACCEPTABLE, BUT IT, IT DOES HIGHLIGHT THAT, UM, THE DESIRE TO MOVE AWAY FROM HOTEL AND ENTERTAINMENT USES IN THIS AREA.

MM-HMM .

LET ME, LET ME JUMP IN.

SORT OF, I MEAN, MAYBE TO ANSWER HIS QUESTION WITH A SPECIFIC IDEA, UH, RIGHT NOW, IF IT'S MX E IF HE WANTED TO BRING IN A DJ THAT'S CONSIDERED ENTERTAINMENT,

[02:40:01]

I KNOW HE'S NOT GONNA DO THAT, BUT, UH, WE DON'T HAVE DJS.

CORRECT.

BUT IF I WAS HAVING AN EVENT, A BAR MITZVAH WEDDING, OR EXCEPT, WELL, I THINK A SPECIAL EVENT IS SEPARATE.

SOMEBODY WANTED TO BRING A DJ AND I HAVE ENTERTAINED THE THOUGHT OF HAVING A DJ AT MAYBE AFTER NINE, FROM NINE TO 11 AT A AMBIENT LEVEL JUST TO BRING IN TO GENTRIFY.

WELL, LET ME, SO MICHAEL, UNDER, UNDER THE MXC ZONING, HE WOULD BE ALLOWED TO HAVE A DJ.

NO, HE'D HAVE TO COME TO THE PLANNING BOARD THE SAME, BUT HE WOULD.

AND THAT THEN UNDER CD TWO, WOULD HE STILL BE ALLOWED TO HAVE A DJ AND STILL HAVE TO COME TO THE PLANNING BOARD? YES.

YES.

IT DOESN'T CHANGE THE REQUIREMENTS FOR, UM, ENTERTAINMENT.

IT JUST DOESN'T HIGHLIGHT THE ENCOURAGEMENT.

JUST THE IDEA OF LIKE, JUST, IF YOU JUST THINK ABOUT IT, IF YOU THINK ABOUT MOVING INTO A PROPERTY AND IT'S ZONED FOR A MIXED USE ENTERTAINMENT, SORT OF HAS THE CONNOTATION THAT THE ENTERTAINMENT IS, IS ENCOURAGED, THIS REMOVES THAT ENCOURAGEMENT BUT DOESN'T PROHIBIT IT.

AND YOU STILL CAN GO THROUGH THE PROCESS TO SEEK MORE REFLECTIVE OF BEING MORE OF A RESIDENTIAL NEIGHBORHOOD AND AN ACTUAL ENTERTAINMENT.

IT'S BASICALLY, IT, IT ALIGNS WITH THE CITY'S VISION FOR THE FUTURE OF THE AREA VERSUS THE, THE PAST.

YEAH.

THANK YOU.

THANK YOU.

ANY OTHER PEOPLE? UNTIL, OKAY.

ANY OTHER QUESTIONS? I WANNA MOVE, I JUST HAVE ONE QUICK QUESTION.

UH, ON PAGE 100 OF OUR PACKET WHERE IT TALKS ABOUT THE, UH, THE DIFFERENT POLICIES BETWEEN MXC AND CD TWO, AND IT TALKS ABOUT THE INTENSITY LIMIT OF, UH, UNDER MXC, IT'S, IT'S 2.0 FOR AREA RATIO MM-HMM .

AND THEN IT'S, THERE'S DIFFERENT INTENSITY LIMITS FOR CD TWO.

SO THAT WOULD BE, AGAIN, IT DOESN'T CHANGE IT TODAY.

CORRECT.

BUT THE GOAL IS TO, TO CHANGE THE FAR IN THE FUTURE? NO, THE BASED UPON THE USE.

WELL, THE FDR WILL, WILL REMAIN AS, UM, IT WOULD, IT WOULD CHANGE FOR HOTEL DEVELOPMENT.

UM, RIGHT NOW, UM, OR PREVIOUSLY HOTEL DEVELOPMENT WAS CONSIDERED, UM, UM, MIXED USE AND COULD GO TO, UM, AN FAR OF 2.0 OVER WITH RECENT CHANGES, THAT ABILITY TO GO FROM 1.5 TO 2.0 IS LIMITED NOW TO RESIDENTIAL PROJECTS THAT, THAT, UM, BONUS WAS REMOVED PREVIOUSLY BY THE, UM, CITY COMMISSION FOR THE CITY TWO DISTRICT.

OKAY.

BUT AGAIN, DOES THIS, THIS DOESN'T CHANGE ANYTHING.

IS, IS, IS WHAT THE MESSAGE THAT YOU'VE GIVEN US, IT'S JUST PERCEPTION AND A FUTURE DESIRE TO CHANGE THE LAND USE.

RIGHT.

LIKE YOU SAY, IF YOU, UM, DESIGNATION, YOU KNOW, IT'S THE PURPOSE OF THE MXC DISTRICT IS TO, UM, PROMOTE MIXED USE AREAS TO ACCOMMODATE RESIDENTIAL, HOTEL, AND COMMERCIAL DEVELOPMENT VERSUS, UM, YOU KNOW, A, A FOCUS ON, UM, COMMERCIAL AREAS WHICH SERVE THE ENTIRE CITY, UM, AND HIGHLIGHT PROFESSIONAL OFFICES, RETAIL SALES SERVICE ESTABLISHMENTS, EATING AND DRINKING APARTMENT USES.

SO IT JUST HIGHLIGHTS, UM, THOSE NON ENTERTAINMENT AND NON, UM, TRANSIENT USES.

OKAY.

THANK YOU.

IT IS MORE OF A PERCEPTION AND JUST A, SORT OF ALIGNS MORE WITH THE CITY'S, UM, VISION FOR THE AREA.

ANY OTHER QUESTIONS? MAY I APPROACH AGAIN? ALRIGHT, LAST COMMENT, THEN WE GOTTA MOVE ON.

MOVE.

WHEN THERE ARE, UH, PERIODS OF HOLIDAYS AND, AND HEAVY TOURISM IN MIAMI BEACH, SOMETIMES THERE ARE, UH, UM, CURFEWS OR RESTRICTIONS ON TIMES OF OPERATION THAT ARE, UH, APPLIED TO DIFFERENT DISTRICTS.

SO THE MXC CAN ONLY STAY OPEN TILL MIDNIGHT, BUT THE CITY TWO CAN STAY OPEN TILL 1:00 AM.

WILL THAT PUT ME AT A DISADVANTAGE IN THE FUTURE? WHEN THERE'S A GIANT HOTEL BUILT NEXT TO ME AND THEY'RE ABLE TO STAY OPEN TILL ONE OR TWO ON A BUSY HOLIDAY WEEKEND, BUT I WILL BE ABLE, I WILL HAVE TO SHUT AT A TWO HOURS EARLIER JUST BECAUSE OF HAVING THAT DIFFERENCE IN CLASSIFICATION.

N NO WILL NOT.

THERE, THERE ARE OTHER CD TWO, JUST BY WAY OF EXAMPLE.

THERE ARE OTHER CD TWO DISTRICTS IN THE CITY, UM, THAT, THAT ARE, HAVE NOT BEEN IMPACTED BY, BY PRIOR CURFEWS DURING SPRING BREAK OR OTHER HIGH IMPACT WEEKENDS.

THOSE MEASURES HAVE ALWAYS FOCUSED ON, ON SOUTH BEACH.

NOT THAT I FORESEE

[02:45:01]

THAT HAPPENING ON OCEAN TERRACE, BUT AGAIN, I WANT EQUITY.

I WANT TO BE AT AN EQUAL PLAYING FIELD WITH, WITH ALL OF MY BUSINESS NEIGHBORS.

THIS, YEAH, THIS WON'T, THIS WON'T CHANGE WHEN THERE, WHEN THERE'S AN EMERGENCY.

THE CI THE CITY DOESN'T LOOK AT ZONING BOUNDARIES.

THEY'RE LOOKING AT THE GEOGRAPHIC BOUNDARIES.

THEY'RE LOOKING AT AT WHERE THE PROBLEM AREAS ARE AND WHERE THERE'S THE MOST TRAFFIC AND WHERE THERE'S THE MOST PEOPLE.

I DON'T THINK THAT, I DON'T FORESEE US HAVING THOSE ISSUES, AND ESPECIALLY, AT LEAST NOT FOR THE NEXT 10 YEARS, .

WE HOPE NOT.

YEAH.

THANK YOU.

OKAY.

SOMEONE WANNA MOVE IT? MOTION TO APPROVE.

ALL RIGHT.

WE'RE DOING THE FIRST ONE, CORRECT? UH, YOU HAVE TO MAKE TWO SEPARATE MOTIONS.

SURE.

OKAY.

THE FIRST ONE IS ON MOTION, UH, ON PLANNING BOARD FILE.

OH 7 2 7.

SO WE HAVE A MOTION TO APPROVE FROM THE APPEAL.

CAN I GET A SECOND? SECOND.

I'LL SECOND IT.

OKAY.

OKAY.

SHE GOT IT.

ALRIGHT.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? NO.

OKAY.

NOW ON THE SECOND ONE.

MOTION TO APPROVE.

OKAY, ELIZABETH? SECOND.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

OKAY.

ALL OPPOSED.

OKAY.

PAST SEVEN ZERO.

ALL RIGHT, WE'RE MAKING PROGRESS TODAY.

ALRIGHT.

PLANNING BOARD

[14. PB24-0729. Pride Park - Comprehensive Plan FLUM Amendment]

FILE 24 0 7 2 9 PRIDE PARK, COMPREHENSIVE PLAN, FLUM AMENDMENT.

AND THIS REPORT BEGINS ON PAGE, UM, ONE 11 OF THE BOARD PACKAGES.

IF YOU LOOK AT THE MAP ON, UM, PAGE ONE 14 OF THE BOARD PACKAGES, YOU CAN SEE THAT, UM, PRIDE PARK, WHICH IS IMMEDIATELY NORTH OF UM, UM, CITY HALL, HAS AN EXISTING ZONING OF, UM, CCC, WHICH IS, UM, CONVENTION CENTER DISTRICT, AND A FUTURE LANDES MAP OF PUBLIC FACILITIES, UM, WHICH IS P-F-C-C-C CONVENTION CENTER DISTRICT.

WHAT THIS ORDINANCE DOES IS HIGHLIGHT MORE SPECIFICALLY THE RECREATION AND OPEN SPACE COMPONENT OF PRIDE PARK AND CALLS IT OUT SEPARATELY FROM THE, UM, THE REST OF THE CONVENTION CENTER.

SO THE ZONING DISTRICT WILL REMAIN THE SAME C, C, C, BUT THE FUTURE LAND USE AMENDMENT JUST HIGHLIGHTS MORE THE RECREATION OPEN SPACE COMPONENT OF PRIDE PARK, AN ASSOCIATION WITH FACILITIES THAT SUPPORT THE CONVENTION CENTER.

SO THIS IS JUST TO, UM, MORE SPECIFICALLY HIGHLIGHT THE RECREATION OPEN SPACE AS CURRENTLY APPROVED AND OPERATING NOW VERSUS WHAT MAY HAP MAY OPERATE, YOU KNOW, IN THE REST OF THE CONVENTION CENTER.

UM, THIS WAS REVIEWED BY THE, UM, UM, UM, LET'S SEE.

IT WAS REVIEWED BY THE LAND USE OF SUSTAINABILITY COMMITTEE ON SEPTEMBER 5TH, WHICH RECOMMENDED THAT THE CITY COMMISSION REFER THIS ORDER TO THE PLANNING BOARD, AND THIS WAS REFERRED TO THE PLANNING BOARD ON OCTOBER 30TH.

WE'RE RECOMMENDING THAT THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.

OKAY.

ANYONE ON ZOOM? THERE IS NOBODY ON ZOOM FOR THIS ITEM.

IT SEEMS PRETTY STRAIGHTFORWARD.

ANY QUESTIONS? ONE QUESTION.

SURE.

WHAT WOULD BE BUILT HERE? I MEAN, WHAT'S THE IDEA THAT THERE'S SOMETHING THAT COULD BE PUT HERE? NO, THIS IS, THIS IS MEANT FOR RECREATION IN ANY TOR TEMPORARY USES AND RECREATIONAL OPEN SPACE FACILITIES.

THIS IS DIFFERENT THAN, THAN, SO WHAT, WHAT COULD GO THERE? WHAT'S PRACTICALLY, WHAT DOES THIS MEAN? WELL, WHAT'S BEEN HAPPENING, LIKE BASICALLY WHAT'S BEEN HAPPENING RECENTLY RIGHT NOW WHERE YOU HAVE LIKE MIAMI, MIAMI DESIGN, WHERE YOU HAVE THE TEMPORARY CONSTRUCTION THAT GOES UP, THIS JUST IS TO F FACILIT IT JUST TO, UM, TO FALL IN LINE WITH HOW IT'S BEEN OPERATING.

IT DOESN'T ALLOW LIKE A, UH, UM, PERMANENT FACILITIES TO BE CONSTRUCTED THERE.

OKAY.

LIKE, YEAH.

MOTION.

SORRY, SCOTT, GO AHEAD.

THAT WAS MY QUESTION.

I, YOU KNOW, I WAS GONNA ASK ABOUT ALL THE, THE SPECIAL EVENTS THEY HAVE THERE.

ESSENTIALLY, IT'S WHAT'S ALREADY BEEN HAPPENING THERE.

RIGHT? MOTION TO APPROVES MORE CLARITY.

YEAH.

OKAY.

MOTION TO APPROVE FROM, UH, CAN HANG A SECOND.

MELISSA? YEP.

OKAY.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? OKAY.

SEVEN ZERO.

UH,

[15. PB24-0725, CPS-2 Regulations – 6th Street Overlay. ]

PLANNING BOARD FILE.

2 4 0 7 2 5 CPS TWO REGULATIONS.

SIX THREE OVERLAY.

YEAH, GIMME JUST A SECOND.

WE'VE, WE'VE HAD SCOTT SPEAK ON THAT ONE FROM THE OTHER SIDE A FEW TIMES.

, UM, YOU WANNA GO BACK IN TIME AND GO OVER THERE? .

SO THIS GROUP STAFF REPORT BEGINS ON PAGE, UM, 1 25 OF THE BOARD PACKAGES.

AND IF YOU LOOK ON PAGE, UM, 133 OF THE BOARD PACKAGES, YOU CAN FIND THESE, THE ZONING DISTRICT OVERLAY MAP, WHICH OUTLINES THE AREA WHERE THESE PROPOSED REGULATIONS ARE TO TAKE PLACE, WHICH ARE PART OF THE CCPS TWO DISTRICT ALONG FIFTH STREET, BETWEEN FIFTH STREET AND SIXTH STREET, AND BORDERED BY LENNOX AVENUE ON THE WEST AND WASHINGTON AVENUE AND EAST.

BUT THIS DOES NOT INCLUDE PROPERTIES AT DIRECTLY FRONT WASHINGTON AVENUE OR, UH, LENNOX AVENUE.

AND WHAT THIS ORDINANCE IS INTENDED TO DO IS PROVIDE A BUFFER IN TERMS OF USES INTENSITY, UM, AND MASSING BETWEEN THE, THE LOWER INTENSITY RM ONE,

[02:50:01]

UM, FLAMINGO PARK HISTORIC DISTRICT, AND THE AREA ALONG FIFTH STREET, WHICH DOES HAVE, UM, ALTHOUGH IT ISN'T A HISTORIC DISTRICT, DOES HAVE MORE OPEN, MORE ELEMENTS SUCH AS, UM, PARKING LOTS, NEWER CONSTRUCTION THAT COULD BE BE DEVELOPED WITH STRUCTURES AND USES THAT COULD HAVE AN IMPACT.

IMPACT ON THE, THE RESIDENTIAL MULTIFAMILY LOW INTENSITY DISTRICT OF THE FLAMINGO PARK DISTRICT TO THE NORTH.

SO WHAT THIS DOES IS PROVIDE RESTRICTIONS ON, ON SEVERAL, SEVERAL ITEMS. FIRST ON ALCOHOLIC BEVERAGE ESTABLISHMENTS, IT DOES PLACE RESTRICTIONS ON OUTDOOR REPARATIONS, INCLUDING CLOSING BY 12:00 AM.

UM, LIMITATIONS ON OUTDOOR SPEAKERS, BAR COUNTERS AND SEATING LIMITS, SUCH AS NO ROOFTOP SEATING, UM, NEAR SIXTH STREET.

IT ALSO PROHIBITS, UM, RECORDED MUSIC AND TVS AND OUTDOOR AREAS NEAR SIXTH STREET.

IT DOES HAVE ACCESS RESTRICTIONS IN TERMS OF SPECIFIC SETBACK AND PROHIBITIONS ON ENTRY POINTS ALONG SIXTH STREET, WITH SOME EXCEPTIONS FOR PROPERTIES THAT ARE CONTRIBUTING IN THE HISTORIC DISTRICT, IT DOES LIMIT, UM, ABOVE GROUND PARKING TO BE SET BACK AT LEAST A HUNDRED FEET FROM SIXTH STREET IN NEW DEVELOPMENT.

IT DOES INCLUDE A LIST OF PROHIBITED USES INCLUDED, INCLUDING, UM, VE VEHICLE SALES RENTALS.

IT DOES PERMIT HOSTELS, CONVENIENCE STORES, SMOKE AND VAPE VAPE SHOPS, UM, UM, PACKAGE STORES AND HOTELS NEAR SIXTH STREET.

IT DOES PLACE, UM, HEIGHT LIMITS ON, UM, MAXIMUM BUILDING HEIGHTS ALONG, UM, SIXTH STREET.

THEY'RE CA AT 28 FEET, UM, TO 40 FEET.

UM, AS YOU GO FURTHER AROUND, TOWARDS, TOWARDS, UM, FIFTH STREET.

IT DOES PROVIDE EXCEPTIONS TO THOSE.

UM, SUBJECT TO HISTORIC PRESERVATION BOARD APPROVAL FOR PROJECTS THAT INCLUDE, UM, AFFORDABLE HOUSING, IT DOES REQUIRE, UM, PEDESTRIAN PASS OF A MINIMUM OF F OF FIVE FEET, WITH EXCEPTION FOR HISTORIC BUILDINGS.

IT DOES REQUIRE THAT CURB CUTS BE LIMITED TO ALLEYS OR IF THERE'S NO ALLEYS, THAT THEY BE NO LARGER THAN 12 FEET AND DOES JUST SPECIFY, WHICH IS ALREADY IN THE CODE RIGHT NOW.

THE ROOFTOP ADDITIONS MUST COMPLY WITH, UM, EXISTING DISTRICT HEIGHT REGULATIONS.

UM, WE ARE RECOMMENDING, SO, UM, THE ORDINANCE IS DRAFTED, DOES INCLUDE THESE HEIGHT RESTRICTIONS.

AS I'VE NOTED.

UM, STAFF IS RECOMMENDING THAT THE ORDINANCE BE MODIFIED AS FOLLOWS.

WE ARE RECOMMENDING THAT THE MAXIMUM PERMITTED PERMITTED HEIGHT WITHIN THE FIRST TWO P PLOTTED LOTS SOUTH OF SIXTH STREET SHALL NOT EXCEED 50 FEET REGARDLESS OF PROPERTY USE.

WE ARE RECOMMENDING THAT, UM, THAT FOR A UNIFIED DEVELOPMENT SITE CONSISTING OF MORE THAN FIVE PLOTTED LOTS, THE MAXIMUM PERMITTED HEIGHT WITHIN 100 FEET OF THE SOUTH SIDE OF SIXTH STREET SHALL NOT EXCEED 28 FEET AND THE MAXIMUM POINTED HEIGHT BETWEEN 100 FEET AND 140 FEET FROM THE SOUTH SIDE OF SIXTH STREET, NOT EXCEED 40 FEET.

SO, WHILE RECOMMENDING A, A MODULATION OF THE HEIGHTS, UM, AS YOU, UM, ARE CLOSER TO SIXTH STREET, YOU HAVE A LOWER HEIGHT, YOU HAVE A, UM, UM, A LARGER SITE YOU CAN ACCOMMODATE PUSHING MORE OF YOUR MASS TOWARDS, UM, OF FIFTH STREET.

NOW THIS ORDINANCE DOES HAVE A VERY LONG HISTORY GOING BACK TO THREE AND A HALF YEARS THROUGH 2021.

UM, AND THIS WAS LAST REVIEWED BY THE, BY THE, UM, UM, THE LAND USE AND SUSTAINABILITY COMMITTEE, UH, ON SEPTEMBER 5TH.

AND THIS WAS RECOMMENDED, UM, TO THE, THAT THE CITY COMMISSIONER REFER THIS TO THE PLANNING BOARD, WHICH THE CITY COMMISSIONER REFERRED THIS TO THE PLANNING BOARD ON OCTOBER 30TH.

SO STAFF IS RECOMMENDING THAT THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION WITH THE MODIFICATIONS THAT I NOTED.

OKAY.

MAY I ASK A QUESTION? ANYBODY ON ZOOM? YES, WE HAVE, UM, JOHAN MOORE ON ZOOM RIGHT AFTER THAT.

I JUST WANNA ASK, OKAY.

HOLD ON ONE SECOND, JOHAN.

SORRY, I JUST WANTED TO ASK SCOTT, ONCE JOHAN IS FINISHED, I JUST WANTED TO GET A LITTLE BIT OF PERSPECTIVE FROM SCOTT 'CAUSE HE'S GOT A LITTLE BIT MORE BACKGROUND ON THIS THAN, WELL, EXCUSE ME, A LOT MORE.

BUT I WANTED TO GET TO SOME OF YOUR PERSPECTIVE.

JOHAN, GO AHEAD.

UM, IF IT'S APPROPRIATE FOR SCOTT TO GO FIRST, I'M HAPPY TO DO IT THE OTHER WAY AROUND.

UH, SCOTT, YOU WANT TO GIVE SOME COMMENTS? YEAH, I CAN JUMP IN.

UM, YEAH, AS YOU SAID, THIS HAS BEEN, UM, IN THE WORKS FOR A LONG TIME, AND THE IDEA IS TO PROTECT THE RESIDENTIAL NEIGHBORHOOD FROM, FROM COMMERCIAL INTERESTS SURROUNDING THE NEIGHBORHOOD.

UM, ON THE EAST SIDE, UM, WE HAVE A LOT OF, UM, UM, THERE'S OUR RESI RO ZONING, WHICH SORT OF BUFFERS SOME COMMERCIAL DEVELOPMENT FROM THE NEIGHBORHOOD.

UM, GOING BACK, UM, EIGHT YEARS NOW, I GUESS THERE WAS AN ALTON ROAD OVERLAY BUFFER OVERLAY, UM, UH, PASSED, WHICH, UH, MITIGATES SOME OF THOSE LARGER PROJECTS ON ALTON ROAD FROM, FROM IMPACTING THE NEIGHBORHOOD.

AND

[02:55:01]

NOW WE'RE LOOKING AT DOING THAT ON SIXTH STREET.

UM, AND I GUESS THE IMPETUS WAS THAT HOTEL THAT WAS APPROVED ON THE, UH, UH, SOUTHEAST CORNER OF LENNOX AND SIXTH.

SO WHAT WE WANNA AVOID IS THAT KIND OF, UM, THAT KIND OF DEVELOPMENT, UH, ACROSS SIXTH STREET.

UM, MO A LOT OF IT IS USE RESTRICTIONS, UM, WHICH WE'RE HAPPY WITH.

I MEAN, WE, WE, WE WOULD STILL LIKE TO SEE THE, THE LIMITS ON THE HEIGHT, THE 28 FEET, UM, IS IT THE FIRST A HUNDRED FEET AND THEN 40 FEET FURTHER UP.

UM, WE UNDERSTAND THAT, UM, OBVIOUSLY THERE'S, THERE WOULD BE AN EXCEPTION, UH, OR THE HPV COULD GIVE, UM, A WAIVER IF, IF SOMEONE IS GOING TO, UM, RENOVATE A HISTORIC BUILDING.

UM, BUT I DO UNDERSTAND STAFF CONCERNS THAT, UM, YOU KNOW, IF WE LIMIT THAT, YOU MAY HAVE SOMEBODY WHO WANTS TO DEVELOP A SINGLE LOT AND THEY'D BE LIMITED, UH, TO 28 FEET.

UM, BUT I DO THINK, YOU KNOW, STAFF IS RECOMMENDING IF FIVE LOT PLATTED LOTS WERE AGGREGATED, THEN IT, THOSE, THOSE, UH, HEIGHT LIMITS WOULD APPLY.

UM, MAYBE WE CAN LOWER THAT A LITTLE BIT.

UM, I, I, I JUST THINK WHEN YOU GET TO FIVE LOTS YOU'RE TALKING PRETTY MUCH, IT'S ALMOST LIKE ALL THE WAY, UM, IT COULD BE A WHOLE BLOCK PRETTY MUCH, UM, DEPENDING ON HOW THEY'RE, YOU KNOW, LIKE YOU SAID IN THE STAFF REPORT, ALL, THERE'S A LOT OF STAGGERED BLOCKS.

NOTHING'S UNIFORM THERE.

SO I JUST THINK THAT MAY, MAY ALLOW, UM, YOU KNOW, MAY BE A SMALLER DEVELOPMENT TO GO RATHER LARGE, UM, CLOSER TO, TO SIXTH STREET.

SO I'D SAY TWO, BUT THREE, UM, AGGREGATED LOTS OR I WHEN YOU SAY, UM, PLATTED, LET ME ASK YOU ONE QUESTION.

THE, THE TYPICAL PLATS ARE ABOUT 50, 50 FEET WIDE.

50 FEET.

OKAY.

SO YOU'RE TALKING 250 FEET BACK IF YOU'RE GOING FIVE PLATE LOTS? YES.

YEAH, I THINK IT SHOULD BE, UM, WELL, MAYBE LESS THAN THAT.

I, BECAUSE RIGHT NOW I BELIEVE IT'S, IF I'M CORRECT, 200 FEET TO THE, WHAT I CALL, THERE'S NOT REALLY AN ALLEY, BUT LIKE THE MID, THE MIDPOINT BETWEEN FIFTH AND SIXTH STREET, UM, RIGHT.

THE BLOCKS ARE PROBABLY AROUND THE, THE DEPTH IS PROBABLY AROUND, UM, TWO, ABOUT 400 HUNDRED, A LITTLE BIT.

400.

YEAH.

SO IF YOU'RE TALKING ABOUT FOUR PLATTED LOTS, YOU'RE GOING BACK ABOUT HALFWAY ALL, ALL THE WAY.

UM, I MEAN, I'M, I, MAYBE FOUR WOULD BE OKAY.

UM, THAT WAY IF SOMEBODY AGGREGATES, SEE MY CONCERN IS IF SOMEBODY JUST, UM, LET'S SAY AGGREGATES THREE LOTS, UM, THEN THEY WOULD HAVE A, A RATHER LARGE, UH, A A, UM, WELL, DEPENDING ON HOW WIDE THEY ARE, BUT 150 FEET BY, LET'S SAY, YOU KNOW, A 400 FEET LOT AND A LOT THAT LARGE, THEY CAN STILL BUILD UP TO 50 FEET ON SIXTH STREET.

UM, SO, AND I WOULD STILL SAY FOR I, I WOULD LIMIT IT TO TWO PLATTED LOTS.

I, THAT'S WHAT I'D LIKE TO SEE.

THANK YOU FOR THAT FEEDBACK.

YEAH.

AND SO AS PER NORMAL PROCEDURE, WE WOULD HAVE TO MOVE SEPARATE.

WE DO HAVE ANOTHER, SORRY, ANOTHER, UM, PUBLIC COMMENT NOW.

UM, WELL, YEAH.

WELL, WE HAVEN'T LET JOHAN SPEAK FIRST.

I THINK JOHAN IS DONE.

DID HE, DID HE SPEAK ALREADY? HE DIDN'T SPEAK.

NO, HE DEFERRED THIS SCOTT.

OKAY.

JOHAN, ARE YOU THERE? CAN YOU CLICK HIM ON? YEAH.

HERE.

HE'S THERE.

YOU YOU'RE OKAY, GO AHEAD.

UH, I WANT TO BACK UP.

UH, SCOTT'S, UH, ASSERTIONS, UM, REGARDING, UH, THE SPECIFIC, UM, HEIGHT LIMITS, UH, AND THE SETBACKS, UM, WITHOUT REPEATING ANY OF THOSE SPECIFIC NUMBERS, WHICH I THINK OVER THE YEARS HAVE MADE ALL OF OUR HEAD SPIN JUST A LITTLE BIT, UM, PUSHING, UH, THE, THE STEPPING, UM, AS FAR BACK AND DOWN SOUTH AWAY FROM SIXTH STREET IS IN FACT, UH, KEY, UH, TO PROTECTING THE NEIGHBORHOOD IN PARTICULAR BECAUSE IT IS THE SOUTH SIDE OF THE NEIGHBORHOOD THAT WOULD APPLY TO THE EAST AND THE WEST AS WELL, BUT NOT NECESSARILY TO THE NORTH BECAUSE OF HOW SHADOWS FALL.

LET'S KEEP THAT IN MIND.

THE OTHER THING I WANT TO POINT OUT IS THAT THIS WAS PROBABLY ONE OF THE MOST GRASSROOTS EFFORTS THAT I HAVE EVER IN MY LIFE, HAD THE OPPORTUNITY TO BE A PART OF THAT FED INTO, UH, UH, MUNICIPAL LEGISLATION.

UM, THIS REALLY REFLECTS THE DESIRE OF THE NEIGHBORHOOD.

AND, UH, AS YOU, I HOPE ACCEPT IT, IT SHOULD, I BELIEVE, BE KEPT IN YOUR MINDS.

UM, AND TO, UH, RIFF ON, ON MICHAEL'S EARLIER COMMENT ABOUT PERCEPTION, UM, THIS WILL, UH, I THINK STAND AS A NEIGHBORHOOD STANDARD THAT DEVELOPERS

[03:00:01]

WHO MIGHT COME TO US, UH, FOR WASHINGTON AVENUE OR FOR THE LINCOLN ROAD SOUTH LOTS, FOR INSTANCE, MIGHT, UH, UH, ASSUME WOULD BE A GOOD IDEA TO ADHERE TO IN TERMS OF THE PROPOSED RESTRICTIONS.

THANK YOU.

THANK YOU.

YOU HAVE SOMEONE ELSE? WE HAVE A NEXT CHOLERA.

CHARLES FISHER.

HI.

UM, THANKS SO MUCH FOR ALLOWING ME TO SPEAK.

I JUST, ONE WANTED TO SAY HOW, UH, HAPPY I AM ABOUT THIS OVERLAY.

I LIVE AT 6 35 EUCLID AVENUE, SO THIS IS, UH, THIS IS VERY CLOSE TO, UH, WHERE, UH, MY CONDO IS.

UM, I THINK IT'S GREAT.

I KNOW THERE'S LOTS OF WORK THAT'S GONE INTO IT.

I REALLY WANT TO COMMEND EVERYONE WHO HAS DONE IT.

I WANTED TO GIVE MY FULL SUPPORT FOR IT.

BUT WITH THE ORIGINAL HEIGHT RESTRICTIONS, LIKE REALLY ONE OF THE MOST VALUABLE THINGS ABOUT THIS IS, UH, TO KEEP THE INTEGRITY OF THE LARGE, KIND OF BIG DEVELOPED BUILDINGS, UH, LIKE THE NEW HOTEL OVER ON FIFTH, AND THEN ALLOW THE STEP DOWN ON TO SIXTH STREET SMALLER.

THE BUILDINGS, YOU KNOW, SIMILAR TO THAT CURRENTLY EXIST.

AND IT, IT REALLY, I'M NERVOUS TO MAKE THIS CHANGE THAT STAFF IS RECOMMENDING BECAUSE IT WILL, UH, ENCOURAGE KINDA THESE BIG LARGE SCALE DEVELOP, UH, HUGE BUILDINGS TO COME RIGHT UP ON THE EDGE OF THE NEIGHBORHOOD.

SO I LOVE IT.

I THINK IT'S GREAT.

I REALLY LOVE IT WITH THE ORIGINAL, UH, UH, HEIGHT RESTRICTIONS OVER ON SIXTH STREET, I THINK THAT IS, THAT'S THE, THAT'S THE RIGHT WAY TO GO.

AND IT STILL GIVES, UH, LOTS OF PEOPLE, LOTS OF ROOM TO DO WHAT THEY NEED TO DO, BUT WE DON'T HAVE THESE LARGE BUILDINGS COMING UP TO US ON SIX.

SO, SO MY RECOMMENDATION AND MY ASK IS THAT WE APPROVE WITH THE ORIGINAL, UH, UH, UH, HEIGHT RESTRICTIONS.

THANK, THANK YOU ALL SO MUCH.

THANK YOU.

WE HAVE ANOTHER CALLER, MITCH NOVIK.

HEY, MITCH.

GOOD.

A HEY.

GOOD, GOOD AFTERNOON.

MITCH NOVIK.

I MANAGE A PROPERTY AT SIX 10 JEFFERSON AVENUE.

UH, OF COURSE, UH, I'M CONCERNED WITH THE IMPACT, UH, ENTERTAINMENT USES MAY HAVE, UH, ON, ON THE RESIDENTS IN, IN MY AREA.

I LARGELY AGREE WITH, UH, JOHAN AND SCOTT'S COMMENTS.

UH, PERHAPS THREE OR FOUR CONTIGUOUS LOTS IS, UH, A MORE REASONABLE THRESHOLD AS FIVE LOTS MAY, MAY BE, UH, PROBLEMATIC, UH, FOR DEVELOPMENT.

THANK YOU.

THANK YOU.

ANYONE ELSE? AND THAT CONCLUDES OUR CALLERS ON ZOOM.

OKAY.

CLOSE THE PUBLIC HEARING.

UM, WELL FIRST, ANY OTHER QUESTIONS OR COMMENTS FROM THE BOARD? BECAUSE IF NOT, WHAT WE WOULD DO IS, UM, PASS A FAIR RULING AND THEN MAKE A SEPARATE MOTION TO ENCOURAGE ANY CHANGES YOU THINK WERE APPROPRIATE.

YEAH, I, I, AGAIN, I'D LIKE, I, I DO UNDERSTAND STAFF'S CONCERN.

I MEAN, I'D LIKE TO SEE IF IT'S MORE THAN TWO PLOTTED, LOTS AGGREGATED, UM, THEN THOSE RESTRICT THE HEIGHT RESTRICTIONS APPLY.

I THINK FIVE IS, IS TOO MANY.

I WOULD SUPPORT THAT.

ALRIGHT.

SO AGAIN, THAT WOULD HAVE TO BE A SEPARATE MOTION.

MAKE IT RIGHT.

YOU COULD, UM, YOU COULD, UM, MAKE THAT MOTION AS PART OF ANY RECOMMENDATION FOR APPROVAL.

YOU CAN OKAY.

YOU COULD TRANSMIT THAT'S THOUGHT.

WE USUALLY GET 'EM SEPARATELY.

YOU COULD TRANSMIT THEIR FAVORABLE RECOMMENDATION WITH THIS CHANGE.

OKAY.

WHICH COULD BE, BUT WE ENCOURAGE THIS CHANGE.

YEAH.

RIGHT.

OKAY.

ALRIGHT.

SO, SCOTT, YOU WANNA MOVE IT? I'LL MAKE THAT MOTION THAT WE APPROVE THIS AND WITH THE RECOMMENDATION THAT IF MORE THAN TWO LOTS PLATTED LOTS ARE AGGREGATED, UM, THAT'S WHEN THE, THE HEIGHT RESTRICTIONS OF 28 FEET AND 40 FEET APPLY.

OKAY.

GIMME A SECOND.

CAN I, UH, SORRY, I DIDN'T HAVE A CHANCE TO SPEAK AND I WAS LOOKING SOMETHING UP HERE.

I ASKED MY, MY APOLOGIES.

GO AHEAD.

IT'S ALL RIGHT.

UM, YOU KNOW, I, I ACTUALLY WAS INVOLVED WITH THIS AT THE VERY BEGINNING ABOUT THREE YEARS AGO IN A COUPLE OF THE MEETINGS.

AND, UH, SO I'M REALLY HAPPY TO SEE THAT IT'S KIND OF COME, UM, OR IT'S MOVING ALONG AND, UH, AND NOW I'M ON THE BOARD TO HELP RECOMMEND IT'S, IT'S, UM, IT'S FAVORABLE, UM, RECOMMENDATION TO THE CITY COMMISSION.

UM, I WAS LOOKING UP, BECAUSE THIS IS ALONG FIFTH STREET AND THE STAFF ANALYSIS TALKED ABOUT A FUTURE TRANSIT CORRIDOR, AND, UM, I WANTED TO SEE WHAT ARE THE REQUIREMENTS THAT MIAMI-DADE CODE HAS ON FUTURE, UH, SMART PLAN CORRIDORS.

AND I'M HAPPY TO, TO, I THINK MY INTERPRETATION'S CORRECT, NICK, PERHAPS YOU KNOW MORE, YOU SHOULD PROBABLY DO KNOW MORE ABOUT THIS THAN ME, BUT THIS MEETS OR EXCEEDS THE MINIMUM REQUIREMENTS OF THE SMART TRANSIT, UM, WRAPPED RTZ SUB ZONE.

CORRECT.

[03:05:01]

UM, I KNOW THAT STAFF DID A VERY DETAILED ANALYSIS WHEN THE, WHEN THE, UM, COUNTY'S RTZ ORDINANCE WENT INTO EFFECT AS TO WHETHER ANY OF OUR ZONING REGULATIONS WOULD BE PREEMPTED.

UM, I DON'T RECALL IF IN THE FIFTH STREET CORRIDOR THERE WERE ANY ISSUES WHERE THE COUNTY RTC ORDINANCE WOULD, WOULD, UH, WOULD CONFLICT WITH THE, WITH THE CITY CODE.

BUT I DON'T, THIS WOULD NOT MAKE A DIFFERENCE BECAUSE THIS IS NOT, UM, THIS DOESN'T CHANGE THE MAXIMUM FAR.

UM, AND I, I DON'T THINK THERE'S ANY OTHER, REQUIRE ANY OTHER PROVISION IN THIS ORDINANCE THAT THE RTZ ORDINANCE ADDRESSED? WELL, I THINK THE HEIGHT, SO I, I PULLED UP THE, THE SECTION OF MIAMI-DADE CODE AND THEY TALK ABOUT HEIGHT, BUT NOT IN FEET.

THEY TALK ABOUT IT IN STORIES, UH, MINIMUM REQUIREMENT, OR I GUESS A MAXIMUM ALLOWED HEIGHT.

IT'S EIGHT STORIES WITHIN A QUARTER MILE OF THE RTZ SUB ZONE, A SMART, SMART CORRIDOR SUB ZONE.

UM, SO I JUST, I REALLY JUST WANTED TO HIGHLIGHT THAT, THAT THIS, WITH THIS CHANGE WE MEET OR EXCEED THAT HEIGHT, THAT MINIMUM HEIGHT REQUIREMENT.

I KNOW A LOT OF FOLKS HAVE TALKED ABOUT, UM, YOU KNOW, POTENTIAL RAPID TRANSIT AND HOW THAT COULD, THAT COULD LEAD TO MORE DEVELOPMENT, BUT THIS IS A COMMUNITY DRIVEN EFFORT HERE THAT, THAT ALREADY NEEDS TO EXCEED THOSE MINIMUM REQUIREMENTS.

UM, SO I THINK FURTHER, YOU KNOW, UH, HOPEFULLY ALLAYING SOME OF THE CONCERNS OF, OF THE, THE, THE COUNTY'S RTZ ZONING THAT AND THE IMPACT IT COULD HAVE, BUT YEAH.

BUT YOU SAID AGAIN, WE, WE, YOU WERE NOT SURE ABOUT THE HEIGHT, BUT I THINK IT'S EIGHT STORIES, UM, WHICH IS NOT HOW WE, WE'D HAVE TO LOOK AT THAT, MATTHEW.

YEAH, WE'D HAVE TO LOOK AT THAT.

WE ELIMINATED STORIES FROM OUR ZONING.

WE JUST TALK ABOUT HEIGHT NOW VERSUS, SO HOW DO YOU DEAL WITH A CONFLICT IF THERE IS ONE WHERE, WHERE A, A CODE THAT PERHAPS SUPERSEDES OURS OR COULD, WELL, THE COUNTY HAS AUTHORITY TO, TO DO THAT.

UM, WHEN WE LOOKED AT THIS CLOSELY, AND IT'S BEEN I THINK A COUPLE YEARS, YEAH.

UM, I, WE WERE CONFIDENT THAT THERE WERE, THAT, THAT OUR CODE, UM, WAS EITHER CONSISTENT WITH RTZ ORDINANCE OR, OR MORE, YOU KNOW, OR EVEN MORE PERMISSIVE.

RIGHT.

UM, BUT I CAN'T TELL YOU, YOU KNOW, OFF THE TOP OF MY HEAD THAT THAT'S A, THAT'S A, A, A VERY DETAILED SET OF REGULATIONS AT THE COUNTY LEVEL AND APPLYING IT TO A, A FAIRLY LARGE SWATH OF, I'D HAVE TO DEFER TO, TO, TO STAFF ON THAT.

SO IF, IF, UM, MICHAEL, IF YOU DON'T KNOW, YOU KNOW, I DON'T, I DON'T HAVE ANY INFORMATION ON THAT.

I DON'T KNOW EITHER.

BUT I DO HAVE A QUESTION ON, SO I'M TRYING TO UNDERSTAND WHAT, UM, WHAT SCOTT'S RECOMMENDATION WOULD BE FOR THE, UM, THE HEIGHTS.

SO, RIGHT, SO AS DRAFTED, THE ORDINANCE SAYS THAT THE MAXIMUM HEIGHT WITHIN 100 FEET OF SOUTH OF SIXTH STREET, SO THAT'D BE BASICALLY TWO PLOTTED LOTS.

THE MAXIMUM HEIGHT IS NOT, IT DOES NOT EXCEED 28 FEET.

AND THEN, UM, WHEN YOU GET BETWEEN, UM, THREE AND FOUR PLOTTED LOTS, IT DOES NOT EXCEED 140 FEET.

AND THEN ONLY WHEN YOU GO BEYOND THAT, CAN YOU GO TO THE MAXIMUM OF 50 OR 55 FEET? NO, WHAT I'M SAYING IS, UM, IF, IF SOMEBODY JUST AGGREGATES TWO PLATTED LOTS, THEY CAN BUILD UP TO THE 50 FEET.

OKAY.

WHATEVER.

CORRECT.

ONLY IF THEY AGGREGATE MORE THAN THAT, THREE, FOUR, OR FIVE, THEN THOSE HEIGHT RESTRICTIONS, UH, TAKE EFFECT.

IN OTHER WORDS, WHAT WE'RE SAYING IS WE, IF THEY AGGREGATE ALL THOSE LOTS, WE WANT THEM TO PUSH THE MASS OF THEIR DEVELOP, OF THEIR PROJECT MORE TOWARD FIFTH STREET AND AWAY FROM SIXTH STREET.

THAT'S THE IDEA.

GOTCHA.

SO BASICALLY ONLY IF YOU HAVE TWO PLATELET LOTS OR LESS, CAN YOU GO TO THE 50 FEET ALONG SIXTH STREET? IF YOU HAVE, IF YOU HAVE MORE THAN TWO PLOTTED LOTS, THEN THOSE, UM, HEIGHT RESTRICTIONS APPLY.

CORRECT.

OKAY.

OKAY.

THAT'S THE MOTION.

DO WE HAVE A SECOND ON THAT? GO AHEAD, ELIZABETH.

I'LL SECOND.

ALRIGHT, ELIZABETH SECONDED.

OKAY.

WOULD THAT RECOMMENDATION? ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY.

ALRIGHT.

I THINK YOUR LUNCH IS HERE, SO WE'RE GONNA TAKE 10 MINUTES OR 15 MINUTES FOR A QUICK LUNCH BREAK.

ONE.

[16. PB24-0732. Courtesy Notice Requirements for Residential Tenants.]

OKAY.

WELCOME BACK.

UM, WE ARE ONTO ITEM NUMBER 18, COURTESY NOTICE REQUIREMENTS FOR RESIDENTIAL TENANTS PLANNING BOARD FILE 24 0 7 3 2.

BUT MICHAEL, BEFORE YOU DO THAT, I HAVE A COUPLE QUESTIONS AFTER READING THIS.

SURE.

UM, WHAT IS THE RULE AS FAR AS,

[03:10:01]

YOU KNOW, WE, WE HAVE TO ALLOW ANYONE FROM THE PUBLIC TO SPEAK FOR THREE MINUTES.

IS IT JUST MIAMI BEACH RESIDENCE OR IS THAT NO, ANYBODY CAN COME AND SPEAK.

THEY DON'T HAVE TO BE A MIAMI BEACH RESIDENCE.

I MEAN, TYPICALLY THE BOARD WILL ASK WHERE YOU'RE COMING FROM.

WE'VE HAD SOME APPLICATIONS BEFORE WHERE WE'VE HAD LIKE HIGH VOLUME OF PEOPLE MAYBE APPEAR ON ZOOM AND THEY'RE COMING FROM ANOTHER STATE OR WHATEVER RIGHT.

JUST TO SPEAK ON AN APPLICATION.

SO THAT'S WHY THE BOARD MEMBERS ASKED THEM FOR THEIR ADDRESS SO THEY CAN, YOU KNOW, PROVIDE WAY TO RIGHT.

BUT WE HAVE TO ALLOW ANYBODY TO SPEAK.

OKAY.

THEN THE SECOND QUESTION IS, SO IN THIS ORDINANCE, I, AND I GET THE POINT OF IT, UM, IF SOMEONE'S A TENANT OF A, OF A, OF AN OWNER'S RESIDENT, DOESN'T THEY, DOESN'T MAIL STILL GO? OR IS THIS WHERE AN OWNER WOULD HAVE A CHANGE OF ADDRESS SO THAT THE TENANT WOULDN'T BE AWARE OF THE, OF THE, OF THE NOTICE SO THE, THE MAIL WOULD GO TO THE REGISTERED OWNER? SO TYPICALLY RIGHT AT THAT UNIT WHERE THE TENANT IS, OR YOU'RE SAYING THERE COULD BE A SITUATION WHERE I OWN A UNIT BUT I HAVE MY MAIL GO SOMEWHERE ELSE.

CORRECT.

IS THAT THE CONCERN? YEAH.

YES.

OKAY.

AND THERE'S NO CONCERN BY THE CITY OF HAVING A TRANSIENT, TEMPORARY TENANT.

UM, I GUESS THEY COULD SPEAK ANYWAY, RIGHT? SO IT DOESN'T MATTER WHETHER IT IS JUST NOT GETTING NOTICE? NO, I MEAN, WE'VE HAD PEOPLE BEFORE, WHICH WE, WE'VE, WE HAVE CURTAILED, WE'VE HAD IN THE, IN THE EXTREME CASE, WE'VE HAD CASES WHERE SAY A A, A PROPERTY OWNER, UM, A A A DEVELOPER TAKES OWNER OF ASSOCIATION AND FILES AN APPLICATION, MAKES AN APPLICATION AND IS NOT NOTIFIED THE ACTUAL PROPERTY ITSELF AND THOSE, THOSE PEOPLE WITHIN THE PROPERTY.

SO WE ARE MA WE DO MAKE SURE THAT IF YOU FILE AN APPLICATION FOR A PROPERTY AND IT'S A CONDO ASSOCIATION, ALL THOSE, ALL THOSE PROPERTY OWNERS THAT ARE PART OF THE PROPERTY, THAT'S PART OF THE APPLICATION, THOSE ARE NOTIFIED.

SO THAT'S NOT, THAT'S NOT WHAT THIS DOES.

SO THIS BASICALLY, IF I CAN JUST YEAH, GO AHEAD WITH THE ENTER ON THEN I, ONE MORE QUESTION FOR YOU AGAIN, PB 24 DASH 0 7 3 2, THIS IS COURTESY NOTICE REQUIREMENTS FOR RESIDENTIAL TENANTS.

AND THIS REPORT BEGINS ON PAGE 1 55 OF THE BOARD PACKAGES.

SO CURRENTLY THE LAND DEVELOPMENT REGULATIONS REQUIRE THAT, UM, A NOTICE FOR LAND SUPPORT APPLICATIONS BE MAILED TO ALL PROPERTY OWNERS, ONLY PROPERTY OWNERS ONLY WITHIN 3 75 FEET OF THE PROPERTY THAT IS SUBJECT TO THE APPLICATION.

SO IF I HAVE A RESIDENTIAL BUILDING, I OWN THAT BUILDING, BUT IT'S AN APARTMENT BUILDING, NONE OF THOSE TENANTS GET NOTIFIED OF THE APPLICATION.

THEY MAY GET, NOT, THEY MAY SEE A POSTING ON THE SITE OR A HAROLD NOTICE OR IN THE FUTURE WE'RE GONNA BE, YOU KNOW, NOTICE NOTICING IT ON A, ON A, A COUNTY WEBSITE.

BUT THERE'S NO PHYSICAL NOTICE TO A PROPERTY, UM, A TENANT UNLESS THEY OWN PROPERTY.

OH, SO IT'S REALLY FOR APARTMENTS, RENTAL BUILDINGS IS THE REAL REALLY YES.

REALLY POINT BEHIND IT.

YES.

BECAUSE YOU HAVE A LOT OF TENANTS THAT, THAT ARE TENANTS OF OWNERS.

RIGHT.

THEY WOULD NOT GET A CONDO.

THEY WOULD NEVER, THEY WOULD NOT GET A NOTICE.

SO WHAT THIS DOES BASICALLY IS REQUIRE THAT, UM, AS PART OF THE APPLICATION THAT THE APPLICANT ALSO HAS TO, UM, NOTICE NOTIFY THE RESIDENTIAL TENANTS.

SO IT WOULDN'T APPLY TO SAY A COMMERCIAL TENANT OPERATION WHERE YOU HAVE COMMERCIAL UNITS, BUT IT WOULD APPLY TO RIGHT.

NO RESIDENTIAL TENANTS.

I THAT, BUT SAY I GET APARTMENT BUILDINGS 'CAUSE THEY'RE RENTAL BUILDINGS, BUT IF YOU HAVE A CONDO, I OWN A CONDO AND I RENT IT OUT BECAUSE I DON'T LIVE HERE, WHATEVER, I MEAN, OBVIOUSLY THIS WOULD APPLY TO ANY TENANT, BUT HOW WOULD THAT COME INTO PLAY? SO I WOULD, I, IF I WAS THE PERSON DOING THE, THE MAILING LIST, I WOULD GO THROUGH AND CROSS REFERENCE.

OKAY.

THESE, THESE ARE THE MAILING LABEL, THESE ARE THE MAILING LABELS FOR, FOR THE, FOR THE BUILDING, WHICH, WHICH MAILING LABELS ARE, ARE GOING TO THE PROPERTY ITSELF, WHICH ONES ARE GOING OFFSITE, THE ONES THAT ARE GOING OFFSITE, ALSO MAILED TO THAT SAME UNIT.

OKAY.

NUMBER IN THE BUILDING.

I GOT IT.

AND THE APPLICANT WILL BE RESPONSIBLE FOR THAT COST, CORRECT? CORRECT.

OKAY, GOT IT.

ALRIGHT.

AND THIS IS SOMETHING THAT, YOU KNOW, IN TRANSPARENCY, THE CITY COMMISSION IS TRYING TO, YOU KNOW, PROVIDE MORE NOTICE TO NOT JUST PROPERTY OWNERS, BUT ALSO TENANTS AS WELL.

AND SO, UM, THIS WAS REFERRED BY THE CITY COMMISSION ON NOVEMBER 20TH, AND IT WAS REVIEWED BY THE LAND USE AND SUSTAINABILITY COMMITTEE ACT OCTOBER 14TH.

AND THEY DID RECOMMEND THAT THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.

JUST TO CONFIRM, DID THE CITY EVER FIX THE ISSUE ON THE COMMERCIAL SIDE, MEANING WHERE IT WAS ONLY GOING TO THE OPERATOR BUT NOT THE LANDLORD? IT'S WHAT WAS THE ISSUE? I REMEMBER WHEN WE WERE DEALING WITH, UH, WHAT WAS THAT CLUB THAT WAS ABOUT VIOLATIONS? YEAH, EMMY.

OH, I THINK IT MAY HAVE BEEN BECAUSE WHO IS THE, WHO IS THE, UM, THE, THE AGENT ON RECORD AND WHAT THEIR ADDRESS IS, UM, FOR THE STATE.

THAT IS SOMETHING THAT, YOU KNOW, THAT'S HOW WE SEND OUT THOSE NOTICES.

THAT'S SOMETHING THAT'S BEING, THAT A COMMISSIONER BOT, I BELIEVE HAS OF INCREASING THE NOTICE REQUIRE DISTANCE REQUIREMENT AS WELL AS THE, UM, THE, THE MAILING REQUIREMENTS.

INSTEAD OF IT GOING JUST TO SAY, AN ENTITY THAT MAY OWN A A, A SHOPPING CENTER OR, YOU KNOW, A WHATEVER BUILDING THAT, UM, IT'S BEING, IT WOULD HAVE TO GO TO EACH TENANT AS WELL, BECAUSE

[03:15:01]

WHOEVER OWNS THAT, WHATEVER BUILDING COULD LIVE IN COLUMBIA FOR GOODNESS SAKE OR WHEREVER.

UM, AND I THINK THIS SORT OF IS SORT OF A, IT SEEMS LIKE A LITTLE BIT OF A COMPANION ITEM OR, OR SOMETHING ALONG THOSE LINES.

I'M NOT SURE OF WHAT I'M NOT SURE ABOUT, UM, UM, WHAT YOU'RE TALKING ABOUT IN TERMS OF COMMERCIAL PROPERTIES, THIS ONLY APPLIES TO, IT WOULD BE FOR RESIDENTIAL ALSO, BUT COMMERCIAL AND RESIDENTIAL, LIKE, YOU'D HAVE TO NOTIFY BECAUSE IF YOU'RE, IF, IF YOU'RE GONNA DEMO A BUILDING NEXT DOOR TO, TO YOU, SAY FOR INSTANCE, IT'S WITHIN, IF YOU'RE WITHIN 375 FEET, YOU COULD BE FIVE SECONDS OVER THE LINE AND YOU WON'T GET A NOTICE AND IT WOULD JUST GO TO YOUR PROPERTY MANAGEMENT COMPANY AS OPPOSED TO EACH INDIVIDUAL OWNER.

OWNER.

AND YOU MAY NOT KNOW.

SO I THINK THIS IS SORT OF THE SAME THING, BUT FOR RESIDENTS IS RES YES.

AM I BUT NOT DEMO THIS, THIS ONLY APPLIES TO ESPORT APPLICATIONS.

RIGHT, RIGHT.

YEAH, I WAS JUST CURIOUS SEPARATELY, RIGHT? YES.

UNRELATED THOUGH.

AND, AND I THINK, YEAH, I THINK YOUR QUESTION IS ABOUT, UM, WAS IT WAS A CODE VIOLATION.

CORRECT.

AND, AND WE, WE COULD CHECK WITH CODE, BUT I I I'M JUST CURIOUS IF THAT, IF WE EVER KIND OF FLEW, THAT WAS A SPECIFIC INSTANCE WHERE THE VIOLATION WAS ONLY ISSUED TO EITHER OWNER OR OPERATOR.

WAS ISSUED TO THE OPERATOR.

IT WAS THE, UH, THAT WAS THE EMMY CLUB BY THE, UH, OH, WE ALSO HAD AN ISSUE WITH, UM, OH, WITH, UH, LINCOLN LANE, NOT TIME OUT.

LINCOLN LANE.

THAT WAS, ANYWAY, I DON'T KNOW WHAT THAT WAS.

UM, IS THERE ANYONE ON ZOOM ON THIS ITEM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.

OKAY.

ALL RIGHT.

IT'S PRETTY STRAIGHTFORWARD.

WOULD, WOULD THE APPLICANT BE RESPONSIBLE FOR PROVIDING MAILING LABELS? IS THAT HOW IT'S GONNA BE DONE? CORRECT.

CORRECT.

YES.

OKAY.

WELL, I THOUGHT THEY JUST, THEY PAY FOR IT IN THE CITY.

WELL, NO, THEY HAVE TO PROVIDE THE ACTUAL MAIL NOTICES.

THEY PAY THE CITY.

WE ACTUALLY GENERATE THE, THE MAIL NOTICE, PROVIDE THE POSTAGE AND WE SEND IT OUT, BUT THEY GIVE US THE LIST.

OH.

LIKE HOW WOULD I, HOW WOULD I GET THE LIST? I MEAN, I DON'T, THERE, THERE ARE COMPANIES THAT PROVIDE, UH, THOSE SERVICES.

NO, I THOUGHT IT WAS NOT THE CITY FACILITATOR.

THAT'S NOT, NO, THE, THE CITY PROVIDES A LIST OF COMPANIES THAT HAVE TOLD US THAT WE WORKED WITH IN THE PAST TO PROVIDE THAT SERVICE.

THE ADDITIONAL THING HERE IS THAT, UM, FOR EXAMPLE, FOR A, FOR SAY A RESIDENTIAL BUILDING THAT'S, IT'S AN APARTMENT BUILDING.

THE PUBLIC RECORDS ARE GONNA BE THAT ONE PROPERTY OWNER.

SO IT'S UP TO THE PROPERTY OWNER TO, TO GIVE US THE, THE, THE UNIT NUMBERS AND THE MAILING ADDRESS FOR THOSE TENANTS ON THEIR PROPERTY.

IT DOESN'T HAVE TO, IT MAY NOT SAY THE ACTUAL NAME OF THE TENANT, BUT IT'S GONNA SAY THE, A RESIDENT OR, OR IT DOESN'T BURDEN THE CITY WITH MORE WORK.

I MEAN, IT'S ALL, AND IT'S NOT IN CONFLICT WITH ANY STATE LAWS OR ANY DVPR KIND OF REAL ESTATE ANYTHING? NOT THAT I'M AWARE OF.

OKAY.

NOT TO GET NOTICE? NO, I DON'T THINK SO BECAUSE IT'S JUST SUPPLEMENTAL.

IT'S JUST ADDITIONAL, UH, IT'S AN ADDITIONAL MAILING.

OKAY.

'CAUSE YOU, YOU KNOW, THEY JUST CAME OUT WITH THAT NEW, YOU KNOW, YOU CAN'T INTERFERE WITH LANDLORD TENANT RELATIONSHIPS AND THINGS LIKE THAT.

BUT THAT, THAT HAS, THAT'S NULL AND VOID HERE.

THAT'S A GREAT QUESTION AND NOTE, SINCE THIS APPLIES TO DEVELOPMENT APPLICATIONS.

OKAY.

WE THINK WE CAN BE STRICTER.

OKAY.

MOTION TO APPROVE.

OKAY.

YEP.

FAVORABLE RECOMMENDATION.

ALRIGHT, THIS YOUR FIRST MOTION, MELISSA? SECOND.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

ALRIGHT,

[17. PB24-0735. Housing Impact Statement Requirement for Development Applications – Comprehensive PLan Amendment]

[18. PB24-0733.  Housing Impact Statement Requirement for Development Applications – LDR Amendment.]

THE NEXT SORT TWO COMPANION ITEMS PLANNING BOARD FILE 24 0 7 3 5 HOUSING IMPACT STATEMENT REQUIREMENT FOR DE DEVELOPMENT APPLICATIONS, UH, THE COMPREHENSIVE PLAN AMENDMENT AND THE LDR AMENDMENT.

YES.

AND THESE APPLICATIONS BEGAN ON PAGE, UM, 1 63 OF THE BOARD PACKAGES.

AND THIS WAS, UM, REFERRED BY THE CITY COMMISSION ON NOVEMBER 20TH.

AND THIS WAS RECOMMENDED BY THE, THAT THE, UM, THAT THE PLANNING BOARD REVIEW THIS BY THE, THE, IT WAS RECOMMENDED THAT THE LAND USE AND SUSTAINABILITY COMMITTEE, UM, IT RECOMMENDED THAT THE PLANNING BOARD APPROVE THESE ORDINANCES.

WHAT THIS DOES IS CREATE A, A POLICY IN THE COMPREHENSIVE PLAN, WHICH BASICALLY STATES THAT THE CITY SHALL CREATE A DEFINITION FOR A HOUSING IMPACT STATEMENT AND SHALL INCLUDE A REVIEW OF SUCH STATEMENT FOR APPLICABLE PROJECTS AS PART OF THE DEVELOPMENT REVIEW PROCESS FOR ALL LAND USE BOARDS.

MIKE, I'M SORRY, WHAT PAGE ARE WE ON HERE? BECAUSE I, PAGE ON 1 63, THE BOARD PACKAGES BACKWARDS.

OKAY, THANK YOU.

SO IN CONJUNCTION WITH THAT GENERAL POLICY STATEMENT, UM, WHAT WOULD, WHAT WOULD BE STATED IN THE LAND DEVELOPMENT REGULATIONS IS A DEFINITION WHICH WOULD STATE A HOUSING IMPACT STATEMENT SHALL BE DEFINED AS A WRITTEN ANALYSIS PROVIDED BY AN APPLICANT SEEKING APPROVAL FROM A CITY LAND USE BOARD, WHICH OUTLINES HOW A DEVELOPMENT PROJECT WILL IMPACT EXISTING AND PROPOSED RESIDENTIAL UNITS WITHIN THE PROPERTY.

THAT IS THE SUBJECT OF THE APPLICATION AND HOW SUCH IMPACTS WILL BE MITIGATED AT A MINIMUM, THIS DOCUMENT SHALL CONTAIN THE FOLLOWING, AND THIS IS NOW ON PAGE ON 1 66 OF THE BOARD PACKAGES.

THIS INCLUDES, UM, ANALYSIS OF THE IMPACT ON THE DEVELOPMENT, COMPARING CURRENT HOUSING, HOUSING AVAILABILITY ON THE AFFECTED PROPERTY BEFORE AND AFTER THE DEVELOPMENT IS EXECUTED.

FULL DISCLOSURE AS TO WHETHER ANY RESIDENTS, UM, CURRENTLY WITHIN THE PROPERTY IN THE LAST YEAR, UM, SPECIFYING HOW THOSE HOUSEHOLDS, HOW MANY OF THOSE HOUSEHOLDS WERE AFFORDABLE,

[03:20:01]

SECTION EIGHT OR WORKFORCE HOUSING UNITS, IDENTIFY ANY VOLUNTARY MEASURES, UH, BY THE DEVELOPER TO ASSIST, UM, THOSE RESIDENTS WITH RELOCATION OR ALTERNATE HOUSING.

NOW THIS IS PRETTY MUCH PROVIDED FOR TRACKING PURPOSES ONLY AND, UM, WOULD NOT SERVE AS A BASIS FOR THE APPROVAL OF DENIAL OF A CONDITION USE APPLICATION.

FOR EXAMPLE, IF YOU LOOK AT THE PROJECT THAT WAS CONTINUED THIS MORNING FOR 1250 WEST AVENUE, IF THIS WAS IN PLACE, THEIR HOUSING IMPACT STATEMENT WOULD PROBABLY STATE THAT THERE ARE APPROXIMATELY 250, UM, ONE BEDROOM APARTMENTS ON THE PROPERTY THAT COULD BE CLASSIFIED AS, AS, AS WORKFORCE HOUSING.

AND THOSE UNITS WILL BE ELIMINATED AS PART OF THIS DEVELOPMENT.

THAT'S ESSENTIALLY WHAT'S HAPPENING WITH THAT, WITH THAT PROJECT.

SO THIS WOULD BASICALLY JUST PROVIDE MORE, INFORM MORE INFORMATION TO, UM, BOTH, UM, LAND BOARDS AS WELL AS CITY COMMISSION WHEN REVIEWING THESE TYPES OF APPLICATIONS AND IMPACTS ON, ON RESIDENTIAL, UM, PROPERTY TENANTS AND OWNERS.

WHAT, WHAT'S, WHAT WAS THE IMPETUS FOR THIS? MEANING, I GUESS WHAT, I DON'T KNOW.

I DON'T, I THINK THE CITY, THE CITY REALIZES THAT, THAT WE'VE BEEN LOSING RESIDENTS.

AND SO THIS IS TO QUANTIFY AND SORT OF, UM, DOCUMENT, YOU KNOW, WHY ARE WE LOSING RESIDENTS? BECAUSE THIS, YOU KNOW, WE'RE, WE'RE, UM, I'M TAKING, WE'RE HAVING NEW DEVELOPMENT PUSH OUT EXISTING RESIDENTS AND JUST TO DOCUMENT THE NUMBER OF, OF UNITS BEING LOST, BUT I DON'T KNOW IF MEANING WHAT'S, WHAT'S THE TOLL UNIT COUNT, I GUESS ON A HIGH LEVEL FROM THE CITY.

DO YOU KNOW THAT WE HAVEN'T, WE'VE BEEN LOSING PEOPLE BECAUSE WE'RE NOT BUILDING NEW RESIDENTIAL STOCK? WELL, IT'S NOT JUST A MATTER OF WE'RE UNAFFORDABLE AND IT'S NOT A MATTER, LIKE, FOR EXAMPLE, LIKE THE CASE I GAVE, IT'S NOT A MATTER OF JUST BUILDING NEW, WE'RE TAKING AWAY, IF YOU TAKE AWAY 200 AND, YOU KNOW, 50 RESIDENTIAL HOUSING UNITS, WHERE ARE THOSE PEOPLE GOING? UM, AND THAT'S SORT OF WHAT'S HAPPENING WITH THE 1250 WEST AVENUE SITE.

GOT IT.

UM, THIS, THIS, THIS WOULD JUST PROVIDE MORE TRACKING INFORMATION SO THE CITY COULD ESTABLISH, YOU KNOW, WHAT'S HAPPENING WITH THE DEVELOPMENT THAT WE'RE APPRO OR DO WE WANT TO ENCOURAGE THIS, THIS ZONING CHANGE THAT'S GOING TO RESULT IN THIS, THIS IMPACT TO RESIDENTIAL UNITS? YOU WANTED TO ANSWER YOUR QUESTION THOUGH.

THE, THE CENSUS BUREAU DOES TRACK THINGS SUCH AS HOUSING UNITS, UM, THE SIZE OF THE HOUSING UNITS, THE OWNER OCCUPIED VERSUS RENTAL.

IT'S VERY GRANULAR ACTUALLY.

SO THERE'S, I KNOW IT'S WAY TOO GRANULAR , BUT IT, IT ANSWERS YOUR QUESTION THOUGH.

YOU CAN LOOK AT TRENDS, NOT JUST, UH, THE, THE, THE EVERY 10 YEARS, THE CENSUS, BUT THEY DO SURVEYS EVERY SINGLE YEAR.

THE AMERICAN COMMUNITY SURVEY, IT'S THE ORDINANCE SURVEY, IT'S IN THE ORDINANCE.

AND IN 2010, THE US CENSUS INDICATED THE CITY OF MIAMI BEACH HAD A POPULATION OF 87 7 79 20 20, UH, INDICATED THE CITY OF MIAMI BEACH HAD A POPULATION OF 82, 8 90.

BETWEEN 2010 AND 2020, IT LOST A NET TOTAL OF 48 89 RESIDENTS.

AND, UM, 22 CENSUS, UH, ESTIMATED THE CITY OF MIAMI BEACH HAS A POPULATION OF 80,017 REFLECTING A FURTHER LOSS OF 28 73 SINCE THE 2020 CENSUS.

AND THAT IS IN THE ORDINANCE.

I, I DON'T HAVE AN ISSUE WITH THIS.

I LOVE IT.

MOTION TO APPROVE.

YEP.

I'LL SECOND.

OKAY.

THIS IS THE FIRST ONE.

NOW, PLANNING BOARD 24 0 7 3 5.

ALL IN FAVOR? AYE.

AYE.

OPPOSED? OKAY.

SEVEN ZERO.

MOTION TO APPROVE.

OKAY.

MOVE.

MOTION APPROVE.

24 0 7 3 3.

CAN I GET A SECOND? SECOND.

OKAY, MELISSA? MM-HMM .

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? GREAT.

[19. PB24-0734. Increasing and Enhancing Porous Surface Requirements for Parking Lots and Driveways.]

OKAY, LAST BUT NOT LEAST, PLENTY.

BOARD FILE 24 0 7 3 4, INCREASING AND ENHANCING POROUS SURFACE REQUIREMENTS FOR PARKING.

LOTS OF DRIVEWAYS.

I HAVE SOME COMMENTS ON THIS TOO.

, GIMME, JUST GIMME JUST ONE SECOND.

PAGE 180 7, NOT 180 4.

180 3.

SO THIS REPORT IS THE LAST ON OUR AGENDA TODAY.

THIS IS ON PAGE, UM, 180 3 OF THE BOARD PACKAGES.

AND THE GOAL OF THIS IS TO INCREASE THE OUS REQUIREMENTS THROUGHOUT THE CITY.

WE'RE ALSO TRYING TO ALIGN WITH, UM, THE COUNTY REQUIREMENTS.

SO THERE ARE CERTAIN ELEMENTS THAT THE CITY COUNTS AS OUS THAT THE COUNTY DOES NOT.

SO PART OF THIS IS TO MORE ALIGN WITH WHAT THE COUNTY ALSO DOES NOT COUNT AS, UM, PERVIOUS.

SO WHAT THIS DOES IS, UM, IN TERMS OF PARKING LOT DESIGN, IT DOES STATE THAT, UM, NON LANDSCAPE SURFACES HAVE TO USE A HIGH ALBEDO SURFACE, WHICH IS IN THE CODE RIGHT NOW, BUT ALSO STATES THAT ON TOP OF THAT, AT LEAST 60% OF ALL NON LANDSCAPE MATERIAL MUST CONSIST OF POROUS

[03:25:01]

PAVEMENT TO FACILITATE WATER DRAINAGE.

SO THIS WOULD, UM, PROVIDE MORE OPPORTUNITY FOR WATER TO FILTRATE ON PARKING LOTS.

NOW, PRIMARILY THIS, UM, THIS PERTAINS TO, UM, SINGLE FAMILY HOMES.

UM, RIGHT NOW, FOR EXAMPLE, UM, WITHIN THE FRONT YARD, INSIDE YARD FACING THE STREET, YOU HAVE TO PROVIDE 50% OF YOUR FRONT YARD OR SIDE FACING THE STREET IS LANDSCAPING AREA.

THIS WOULD INCREASE THAT TO 70%.

HOWEVER, HOWEVER, IT WOULD SAY THAT, UM, YOU COULD DO 50% LANDSCAPING AND THE ADDITIONAL 20% IF YOU HAVE PAVING WOULD'VE TO BE, UM, POROUS, POROUS PAVING.

SO IT DOES, IT DOES, ALTHOUGH IT IS IN INCREASING THE, THE, UM, THE OUS LANDSCAPING REQUIREMENT, IT DOES NOW ALLOW YOU TO COUNT, UM, UM, POROUS PAVING AS PART OF THAT REQUIREMENT.

UM, WHAT IT DOESN'T DO IS, RIGHT NOW, IF YOU HAVE A, A POOL WITHIN YOUR PROPERTY, UM, RIGHT NOW WITHIN YOUR, WITHIN YOUR REAR YARD, WE HAVE REQUIREMENTS FOR, YOU KNOW, 70% OF YOUR REAR YARD HAS TO BE FOR PREVIOUS LANDSCAPING.

HOWEVER, YOUR POOL NOW COUNTS AS PREVIOUS LANDSCAPING.

WHAT THIS DOES IS TAKE THAT AWAY.

THE COUNTY DOES NOT COUNT, UM, POOLS AS, UM, OUS LANDSCAPING.

YES, IT MAY HOLD WATER, BUT IT'S GONNA OVERFLOW.

I HAVE A POOL MYSELF, IT OVERFLOWS ALL THE TIME IN THE SUMMER.

I'M ALWAYS HAVING TO LIKE, LET, LET WATER OUT OF IT.

SO THIS BASICALLY NO LONGER WOULD ALLOW YEAH, YOU FILL IT IN THE WINTER.

YEAH.

THIS NO LONGER ALLOWS, UM, UM, POOLS TO COUNT TOWARDS THE PERVIOUS, UM, OPEN SPACE REQUIREMENT.

WE DID RECEIVE A, AN EMAIL TODAY, I THINK BRIAN, I I FOUND, UM, THE EMAIL THAT YOU REFERENCED, IT WAS REGARDING THIS APPLICATION.

OH, THERE WAS A, A ARCHITECT, UM, RAISING THE ISSUE THAT, UM, IF WE NO LONGER COUNT POOLS AS PERMEASE OF HIS PERVIOUS, THEN HE'S GONNA HAVE TO, UM, REDUCE THE, UM, THE YARD.

BUT RIGHT NOW OUR REQUIRED REAR YARDS ARE AS LITTLE AS 20 FEET.

SO OUR REAR YARDS RIGHT NOW ARE ALREADY VERY SMALL.

THIS WOULD JUST REQUIRE THAT, YEAH, YOU COULD HAVE PART OF YOUR POOL IN YOUR REAR YARD AND COUNT AND NOT, YOU KNOW, AND YOU STILL COULD MEET THE REQUIREMENTS, BUT NO MORE THAN 30% OF YOUR REQUIRED REAR YARD COULD CONSIST OF A POOL OR NON-POROUS, UM, SURFACE.

SO YOU STILL COULD HAVE A POOL IN YOUR REAR YARD, BUT THE MAJORITY OF THAT'S GONNA BE NOT WITHIN YOUR REQUIRED REAR YARD.

UM, SO THAT'S WHAT THIS, THAT'S WHAT THIS, UM, LEGISLATION DOES.

UM, IT ALSO JUST ALSO INDICATES THAT, UM, WHEN YOU DO HAVE PAVING THAT YOU DO HAVE PERVIOUS PAVING VERSUS JUST, YOU KNOW, PAVING ON, UM, COMPACTED SOIL OR, OR ON A, UM, A NON PERVIOUS SUB NON PERVIOUS SUBBASE.

A QUESTION IS, I MEAN, ALWAYS GOOD, EXCEPT THAT I, I HAVE A LITTLE BIT OF A HESITATION WITH THE POOL AREA, UM, WHEN, BECAUSE I THINK ABOUT ALL THE NEW CONSTRUCTION AND A LOT OF THESE BACKYARDS ARE BASICALLY A POOL WITH A BUNCH OF STEPS, YOU KNOW, THAT ARE , YOU KNOW, CONCRETE AND THERE'S NOT THAT MUCH GREEN.

UM, THERE'S NOT A LOT OF THE NEW CONSTRUCTION DOESN'T HAVE A LOT OF BACKING, DON'T HAVE A LOT OF BACKYARDS.

RIGHT.

SO IN THE MOST OF THE PROJECTS THAT WERE, YOU KNOW, BUILT AND APPROVED IN THE LAST FEW YEARS, MOST OF THESE WOULD NOT HAVE BEEN ACCEPTED? CORRECT? 'CAUSE I, I'M, I'M, I'M, SO RIGHT NOW THE EXEMPTION, THE EXEMPTION FOR POOLS ONLY APPLIES FOR POOLS THAT ARE BELOW A CERTAIN ELEVATION.

SO MOST NEW CONSTRUCTION THAT WAS BUILDING A BRAND NEW POOL, THEY TYPICALLY WANNA HAVE THEIR POOL AT THE SAME LEVEL OF THE HOUSE.

SO RIGHT NOW, THOSE PROJECTS WERE NOT IMPACTED BECAUSE THEY WERE NOT ABLE TO COUNT THE POOL ALREADY AS PERVIOUS.

UM, THIS WOULD REALLY IMPACT ONLY, UM, PROPERTIES THAT, UM, WERE CONSTRUCTING A POOL, YOU KNOW, AT A LOWER ELEVATION.

UM, IF ANYTHING, I WOULD SUGGEST IF YOU WANT TO, YOU KNOW, RAISE THAT A CONCERN, AN EXEMPTION FOR, YOU KNOW, EXISTING PROPERTIES THAT WERE AS OF SUCH AND SUCH DATE, WHICH THAT COULD IMPACT THEIR ABILITY TO PROVIDE A POOL IN THEIR REAR REAR YARD.

WELL, LOOK, YOU NEED TO BE CONSIDERATE IF I HASN'T, UH, RIGHT, BUT WHAT, WHAT ABOUT, WHAT ABOUT PROPERTIES THAT ARE ALREADY EXISTING? I MEAN, NOT, NO, SO NOT, I MEAN, NOT, NOT, NOT LIKE THAT.

BUT IF THEY'RE HAVING TO REDO THEIR, THEIR, WELL, THAT'S WHAT MATT AMSTER JUST WROTE IN ABOUT, ABOUT MEAN, THE A APPLICABILITY THAT IF IT'S ALREADY IN PROCESS, THAT THEY DON'T HAVE TO RE GO BACK TO THE DRAWING OR IF IT'S DESTROYED, WHAT IF IT'S DESTROYED BY A HURRICANE OR RIPPED UP OR SOMETHING LIKE THAT.

I MEAN, THOSE, YOU KNOW, HOW DOES THAT IMPACT THOSE? WELL, I GUESS YOU COULD SUGGEST THAT THE CITY COMMISSION, UM, PUT IN, UH, UM, A SECTION THAT WOULD ALLOW THEM TO REBUILD WHAT THEY HAVE AS OF A CERTAIN DATE.

WE HAVE THAT FOR, UM, FOR FRONT YARD.

SO WE HAVE A PROVISION, AS YOU KNOW, THE CITY HAS RAISED, UM, FRONT YARDS IN A LOT OF AREAS.

AND UNTIL NOT SO LONG AGO, YOU ONLY HAD TO PROVIDE, YOU KNOW, 35%, UM, LANDSCAPING AND FRONT YARDS.

SO THERE WERE HOMES THAT WERE APPROVED THAT HAD MORE PAVING IN THE FRONT YARD, AND THE CITY HAS ALLOWED THEM TO REBUILD, YOU KNOW, WHAT THEY HAD APPROVAL FOR, EVEN THOUGH IT DOESN'T MEET THE CURRENT REQUIREMENTS.

AS LONG AS THEY MET THE

[03:30:01]

REQUIREMENTS AT THE TIME WHEN IT WAS PERMITTED, THEY COULD REBUILD THAT.

UM, WHAT ABOUT, SO I KNOW THIS IS KIND OF, THIS IS NOT AFFECTING ACTUAL, YOU KNOW, DRIVEWAYS OR ANY OF THAT KIND OF STUFF, BUT I'VE NOTICED ON OUR BEACH, BEACH WALKS AND EVEN DOWN IN, IN ON LOOMIS PARK, WE'VE ALREADY BUILT WITH PERVIOUS, UM, IMPERVIOUS SURFACES AND ALSO WITH PERVIOUS, UH, JOINTS, AND THOSE MATERIALS ARE IMPROPER.

UM, THEY ARE, THEY'RE NOT THE RIGHT MATERIAL AND THEY'RE ALREADY CRACKING.

AND THOSE CRACKS KEEP, THEY'RE GONNA KEEP EXPANDING.

HOW CAN WE APPLY THIS TO MAKE SURE THAT WE HAVE THE RIGHT MATERIALS AS WELL AS BRING THIS TO THE CITY AS A WHOLE? IS THAT, IS THAT POSSIBLE? CAN YOU MAKE, CAN YOU MAKE AND SORT OF A SUGGESTION THERE THAT, THAT, BECAUSE NORTH BEACH IS CRACKING ALL OVER THE PLACE, I MEAN, WE'VE GOT JOINTS THAT WERE THIS, THAT ARE NOW, I THINK THERE'S PROBABLY A SEPARATE DISCUSSION TO, TO ASK THE CITY COMMISSION TO TAKE A LOOK AT.

I THINK THIS DOESN'T REALLY RELATE TO THE PERMEABILITY AND PREVIOUS REQUIREMENTS FOR, I'M TRYING TO SEE IF YOU COULD MAKE IT ONE.

SO I I, I PERSONALLY, I I HAVE PROBLEMS WITH THE POOL EXEMPT, YOU KNOW, REMOVING THE EXEMPTION FOR POOLS.

I MEAN, ESPECIALLY NOWADAYS WHERE WE HAVE THE 50% RULE WHERE YOU HAVE, IF YOU'RE GONNA, YOU KNOW, DO MORE THAN 50% WORK ON YOUR HOUSE OR THE VALUE OF IT THAT YOU HAVE TO RAISE THE HOUSE.

I MEAN, ALREADY PEOPLE ARE HAVING DIFFICULTIES IN TRYING TO INCREASE THE VALUE OF THEIR HOMES.

UH, IT'S EXTRAORDINARILY EXPENSIVE.

UM, FOR PEOPLE WITH SMALLER LOTS, ONE OF THE WAYS YOU COULD INCREASE THE VALUE OF YOUR HOME WITHOUT HAVING TO RAISE YOUR WHOLE HOUSE IS BY PERHAPS ADDING A POOL.

AND THEN YOU'LL HAVE A PROBLEM BECAUSE YOU'VE ALREADY GOT A SMALL LOT, THEN YOU'VE GOTTA REMOVE YOUR, YOUR FRONT PAVEMENT, YOU KNOW, THE PAVEMENT IN THE FRONT OF YOUR HOUSE.

AND THEN, I MEAN, IT'S, IT BECOMES HUGELY EXPENSIVE.

SO I THINK IT'S SORT OF, YOU KNOW, WHAT, AND KIND OF CONSISTENT WITH WHAT THE, THE EMAIL THAT WE RECEIVE, UM, YOU KNOW, YOU'RE PENALIZING, YOU KNOW, HOUSES WITH SMALLER LOTS, WHICH, YOU KNOW, THERE'S MORE AND MORE SMALLER LOTS THESE DAYS.

UH, AND YOU'RE, THIS IS A GIFT, YOU KNOW, YOU'RE ABLE TO DO WHATEVER YOU WANT IF YOU HAVE A BIG, BIG LOT.

UH, SO I, I JUST DON'T, I DON'T THINK THE, WHAT THE, I, I GUESS I, I GET THE INTENT, BUT I DON'T THINK THAT THE POOL SIZE IS GONNA REALLY AFFECT, UH, SUSTAINABILITY AND, YOU KNOW, WATER DRAINAGE SO MUCH.

SO TO MAKE IT AN ACTUAL IMPACT AS MUCH TO, TO BALANCE OUT THE IMPACT IT WOULD HAVE ON PEOPLE WHO HAVE LOTS THAT ARE 10,000 FEET, UH, SQUARE FEET AND BELOW.

SO I, I, I WOULD REMOVE THAT PORTION OF IT.

THAT'S MY, I THINK THERE NEEDS, THIS IS NEEDS MORE STUDY.

IS THERE AN ISSUE WITH NOT BEING IN COMPLIANCE WITH COUNTY REGULATIONS? I THINK, RIGHT.

SORRY.

RIGHT NOW I THINK THE, THE CITY HAS A, THE COUNTY HAS A REQUIREMENT IN TERMS OF OVERALL, UM, PERMEABILITY REQUIREMENTS FOR A SITE.

AND BASED UPON OUR ANALYSIS OF A TYPICAL SITE, WE DO NOT MEET THOSE REQUIREMENTS WHEN, WHEN COUNTING THE POOL AS PERVIOUS.

BUT IS THAT AN ISSUE? MEANING IS THERE YEAH, I THINK IT, IT, IT IS AN ISSUE, I THINK, SO IS THIS SOMETHING THAT WE HAVE TO DO OR IS THIS SOMETHING THAT, 'CAUSE I MEAN, PERSONALLY AS SOMEONE WHO JUST WENT THROUGH THE PROCESS OF REDOING THEIR HOUSE AND, AND YOU SEE KIND OF THE POOLS OTHER PEOPLE ARE BUILDING, I MEAN, THEY'RE ESSENTIALLY JUST, IF YOU HAVE A NORMAL 9,000 SQUARE FOOT LOT, YOU'RE NOW ALLOWED TO BUILD A BATHTUB FOR A SWIMMING POOL.

SO, YOU KNOW, THE MORE THAT RESTRICTIONS THAT WE PUT ON REALLY REDUCES THE USABILITY A AND BI MEAN, I LOVE LANDSCAPING AND, YOU KNOW, WE, WE FULLY LANDSCAPED OUR HOUSE, BUT I THINK PEOPLE SHOULD HAVE THE ABILITY TO HAVE A CIRCULAR DRIVEWAY IF THEY WANT, YOU KNOW, WITH PAVERS OR WHATEVER THAT MIGHT BE.

I'M BEING SO RESTRICTED FOR WHAT PEOPLE ARE ALLOWED TO DO THAT WE'RE REALLY, SO I DO THINK, AND I, IF YOU WANT, YOU KNOW, WE MAY WANNA CONTINUE THIS TILL NEXT MONTH AND I CAN GO BACK WITH MORE INFORMATION, BUT I DO BELIEVE THAT THAT, UM, UNLESS THE, THE CITY HAS PROVISIONS THAT ARE AT LEAST AS STRINGENT AS THE COUNTIES THAT WE HAVE TO COMPLY WITH THE COUNTY REQUIREMENTS, AND AS CURRENTLY, UM, IN OUR CODE, WE CANNOT COMPLY WITH THE COUNTY REQUIREMENTS.

AND IF WE DON'T COMPLY, WHAT HAPPENS? WE HAVEN'T BEEN IN COMPLIANCE FOR WHO KNOWS HOW LONG.

SO I GUESS WHAT'S THE ISSUE WITH, I'D HAVE TO COME BACK TO YOU.

DO YOU? I DON'T KNOW.

WELL, I, I'D RATHER NOT SPECULATE ON THAT.

I MEAN, I THINK THE COUNTY COULD, YOU KNOW, THE, THE COUNTY COULD RAISE THE ISSUE.

UM, THE, THE PROPERTY OWNER COULD THEORETICALLY BE ISSUED A CODE VIOLATION UNDER THE COUNTY CODE.

SO THERE, THERE ARE ISSUES.

UM, AND, AND SO THE COUNTY DOES HAVE AUTHORITY.

UH, YOU KNOW, IT WAS AS THIS CAME UP EARLIER ON AN, ON ANOTHER ITEM, BUT THE COUNTY DOES HAVE, HAVE AUTHORITY TO PREEMPT US.

UM,

[03:35:01]

SO ON THIS ONE, I THINK THAT PARTICULAR CHANGE WE WOULD, WE SHOULD BE COM CONSISTENT WITH THE COUNTY.

AND THAT'S WHY PART OF THE REASON WE, WE DID THIS BECAUSE WE DID AN ANALYSIS BASED UPON WHAT THE COUNTY TOLD US EARLIER THIS YEAR, AND WITH THE IDEA TO RECTIFY THAT.

SO I BELIEVE WE HAVE, WE HAD TO INDICATE TO THE COUNTY WHAT WE'RE DOING TO RECTIFY IT, AND IT HAS TO BE IN PLACE BY A CERTAIN TIME.

I DON'T LIKE A LOT OF THIS.

I DON'T MIND, I PERSONALLY, I A LITTLE BIT, I MEAN, I, THE FRONT YARD PART, THERE IS A LOT OF ALTERNATIVES TO MAKING THE PAVERS OR THE DRIVEWAY POROUS.

I THINK THERE'S, THERE'S, YOU KNOW, THERE'S ENOUGH WAYS TO WORK AROUND THAT.

I'M REALLY CONCERNED ABOUT THE BACKYARD.

YOU'RE, YOU'RE REALLY DETERMINING FOR PEOPLE, WHICH IS THERE'S SPACE.

AND I THINK THAT WE, WE HAVE TO REEVALUATE CERTAINLY THAT PART OF IT.

ONE THING YOU MIGHT WANNA LOOK AT IS, IS MAYBE, UM, IF THE LOT'S OVER A CERTAIN SIZE, THEN THE POOL WOULDN'T, UM, UM, COUNT.

UM, JUST SOMETHING TO, TO CONSIDER.

YEAH.

BUT HONESTLY, CERTAIN SIZE LOT, LIKE IF THE, UH, YOU MEAN YOU MEAN IF IT'S REALLY SMALL VERSUS, VERSUS YEAH.

IN OTHER WORDS, IF, IF YOU HAVE A LARGE ENOUGH LOT, THEN POOL WOULD NOT COUNT TOWARD YOUR, YOUR OPEN SPACE, BUT ON A SMALLER LOT THEN, THEN IT WOULDN'T, UM, OR IT WOULDN'T, DID I SAY THAT RIGHT? MM-HMM .

ON A SMALL NOW MAKING SURE THAT THE, THE SMALL HOUSES ARE NOT PENALIZED OR MUCH.

CORRECT.

CORRECT.

BUT YOU'RE ALSO SEEING A LOT OF THE HOUSES THAT ARE BEING BUILT LARGER WITH SMALLER BACKYARDS.

SO THEN I, I, I JUST, I THINK IT MAY BE MORE STUDY.

YEAH.

SO IT SOUNDS LIKE WE SHOULD CONTINUE THIS FOR MORE, UH RIGHT.

BECAUSE OFTENTIMES TOO, AS YOU CAN THINK ABOUT IT, AND, AND IT ALWAYS SHOCKS ME.

'CAUSE FOR SOMEONE WHO LIKES A BIG BACKYARD, THE NUMBER OF THESE MULTIM DOLLAR HOMES THAT ARE BUILT WHERE IT'S ALL THE WAY TO THE LOT, IT'S LITERALLY FROM HERE TO WHERE THAT'S A BATHTUB, THE WATER AND ALL YOU HAVE IS A POOL AND A DECK THERE, AND THAT'S ALL.

THERE'S NO BACKYARD.

SO, WHICH ALSO MEANS THAT THERE'S A FRONT PART THAT HAS A LOT OF LANDSCAPING GRASS AND ALL, YOU KNOW.

SO I JUST, IT DOESN'T WORK THE WAY, YOU KNOW, THE WAY PEOPLE ARE LIVING RIGHT NOW TO BE RESTRICTING THE BACKYARD LIKE THAT.

I AGREE.

I AGREE.

SO, MICHAEL, IS THIS A, PERHAPS A BYPRODUCT OF SOME OF THE LARGER, UM, UH, COVERAGE LOT COVERAGE, UH, RATIOS THAT ARE ALLOWED NOW? OR, OR SINGLE FAMILY HOMES? SO WE, UM, I THINK SO THE, THE COUNTY HAS A REQUIREMENT FOR A CERTAIN, UM, PERMEABILITY FOR THE ENTIRE LOT.

WE DON'T HAVE THAT.

WE HAVE IT BASED UPON FRONT YARD, YARD.

WE DON'T HAVE A REQUIREMENT FOR, FOR THE SIDE YARD.

WELL, WHAT ABOUT MORE LIKE THE COUNTY AND LET PEOPLE DECIDE WHERE THEY WANNA PUT THEIR GREEN SPACE OR NOT.

LIKE WE'RE, WE'RE, INSTEAD OF RESTRICTING THE FRONT AND BACK, THEN LET, IT GIVES PEOPLE THE FREEDOM TO, TO, TO MANAGE THAT, YOU KNOW, AND TO MAKE THE NUMBERS WORK IN THEIR, IN THEIR DESIGN.

I JUST THINK IT NEEDS A LOT, A LITTLE BIT MORE TWEAKING.

AND THEN WE'RE ALSO TOO, WE'RE ALSO TOO MORE ALIGNED WITH THE COUNTY, WHICH MAKES IT A LITTLE BIT EASIER MOST OF THE TIME FOR PEOPLE TO NAVIGATE WHEN THEY'RE TRYING TO FIGURE OUT WHAT THEY, I, I THINK I CAN COME BACK TO YOU WITH SOME INFORMATION FROM THE COUNTY.

I THINK IT WOULD BE GOOD, THOUGH, TO BE ON THE SAME PAGE WITH WHAT WE CONSIDER, UM, PERMEABLE OR NOT PERMEABLE.

AND I THINK IT WOULD BE BETTER TO HAVE, YOU KNOW, UM, EITHER A NUMBER AND AN EXCEPTION.

'CAUSE IT EITHER, EITHER IT IS PERMEABLE OR IT'S NOT PERMEABLE.

MM-HMM .

BUT AGAIN, YOU'VE GOT, YOU CAN HAVE, YOU CAN HAVE RIVER ROCK, YOU CAN HAVE LITTLE YEAH, I WAS GONNA SAY EASY.

YOU CAN HAVE, IT'S EASY TO ACCOMMODATE.

SO I THINK WE ALL AGREE THAT, UM, PEOPLE CAN ACCOMMODATE THE PERMEABILITY WITH PAVING.

I KNOW WHAT MIGHT WE DO? MY DRIVEWAY, IT'S GONNA BE A HUNDRED PERCENT PERMEABLE, UM, PAVEMENT BECAUSE I HAVE A LOT OF WATER ISSUES ON MY PROPERTY.

UM, SO IT CAN BE DONE.

I THINK THE ISSUE REALLY IS THE, THE POOL.

YEAH.

SO DO ME SAYING ALSO AN APPLICABILITY CLAUSE AS TO, UM, ANYTHING THAT'S IN PROCESS OR BEEN APPROVED ALREADY.

YEAH.

SO I, YEAH, THAT'S, THAT WAS A SUGGESTION ON THE APPLICABILITY CLAUSE.

YEAH.

AND THEN ALSO I THINK IT'S IMPORTANT TO LIKE, TAKE A LOOK AT, UM, UM, ALTER HOMES THAT, THAT THEY'RE ALREADY BUILT TO A CERTAIN POINT SO THEY DON'T HAVE ANY FLEXIBILITY TO MM-HMM .

YES.

REMOVE THE POOL VERSUS ON HOME.

I KNOW SOME PEOPLE IN MY AREA THAT ARE, THAT WANT TO DO SOME THINGS WITH THEIR WALKWAYS AND DRIVEWAYS, BUT THEY'RE LIMITED.

YEAH.

WE DON'T WANNA NECESSARILY REQUIRE VARIANCE OR HAVE 'EM TO GO THROUGH THAT.

CORRECT.

THE PROCESS.

AND THAT, THAT'S, YEAH, THAT'S A A, A BIG POINT TO MAKE BECAUSE YOU KNOW, WHEN YOU, SOMEBODY'S BUILDING A BRAND NEW HOME AND THEY HAVE A VACANT LOT THERE, THERE ARE CERTAIN ZONING GUIDELINES THAT THE CITY HAS, AND THEY KNOW WHAT THEY CAN AND CAN'T DO.

UM, SO IF THEY CHOOSE TO BUILD A HUGE HOUSE AND PUT A SMALL POOL IN THE BACK, I MEAN, THAT'S THEIR CHOICE.

BUT ON SMALLER LOTS WHERE THERE'S ALREADY A HOME BUILT AND SOMEBODY WANTS TO RENOVATE THE HOME, IT'S A HISTORICAL DAD'S GONNA, THEY'RE GONNA RUN INTO SOME ISSUES.

SO I THINK WE REALLY NEED TO FOCUS.

THAT'S, AND THEY HAVE HISTORIC HOMES ON THAT, AND THEY'RE HAVING DIFFICULTIES HAVING, YOU KNOW, YOU SHOULDN'T HAVE TO, YOU KNOW, DO ALL THESE THINGS.

SO, YEAH.

SO ELIZABETH, YOU'RE GONNA MOVE TO POSTPARTUM CONTINUOUS.

I'D LIKE TO CONTINUE TO FEBRUARY.

WHY IS IT CONTINUOUS? UM, AND LET GIVE YOU A COUPLE MONTHS TO COME BACK, BUT WHAT DO YOU THINK? LET'S CONTINUE THE FEBRUARY AND THEN WE CAN SEE IF WE NEED TO.

THAT SOUNDS OKAY.

OKAY.

CAN I GET A SECOND ON THAT CONTINUANCE? SECOND.

SECOND.

SCOTT.

SCOTT SECONDED.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? ALRIGHT,

[OTHER BUSINESS]

BEFORE I ADJOURN, I BELIEVE, UM, I BELIEVE ELIZABETH HAS A SUGGESTION FOR A FUTURE DISCUSSION ITEM.

OH, .

I'D LIKE TO, UM,

[03:40:01]

TALK ABOUT AT BRINGING BACK THE BANCROFT AT 1500.

UM, IT'S NOT 1500.

YEAH, IT'S 1515 0 1 COLLINS.

UM, THAT PROPERTY HAS, HAS A PREVIOUS CUP ISSUED AND IT WAS ISSUED I THINK IN 21.

I THINK WHAT CAN, WHAT'S, WHAT'S THE BUSINESS HOTEL? IT'S, IT'S A VACANT HOTEL THAT IS JUST SITTING THERE AND I'M AFRAID FOR IT.

I THINK THAT WE NEED TO, IF, IF YOU'RE WORRIED THAT THEY'RE JUST LETTING IT I THINK SO.

AND I THINK I, I'D LIKE TO FIND OUT, I'D LIKE TO BRING THE OWNERS BACK, FIND OUT WHAT'S GOING ON WITH IT.

UM, AND, AND MAKE THEY HAVE A CUP.

YES, THEY DO.

YES.

THAT'S OPERATIVE.

I BELIEVE SO.

YES, IT IS.

IT'S NOT IT, BUT NOTHING'S GOING ON THERE.

NOPE, I DON'T THINK SO.

IT'S VACANT AND IT IS BEING ALRIGHT.

SO WE HAVE THE ABILITY TO BRING THEM.

WELL, I THINK WE CAN LET THEM KNOW.

WE'RE GONNA PUT THIS AS A DISCUSSION ITEM ON FEBRUARY AND INVITE THEM TO ATTEND AND RESPOND TO ANY QUESTIONS.

I'D LIKE TO DISCUSS THAT WITH HIM.

RIGHT.

YOU WOULD BE ASK, YOU'D BE ASKING THEM TO, TO APPEAR BEFORE THE BOARD.

IT'S NOT LIKE A, IT'S, I KNOW, I UNDERSTAND, BUT I'M, I GET AND I I'M WELL TAKEN.

I'M JUST TRYING TO AGAIN, UNDERSTAND THE, THE, THE, THE PROCESS.

SO THEY HAVE A CUP, BUT THEY'RE NOT OPERATING ANYTHING.

OKAY.

THE FACT THEY HAVE A CUP ENTITLES US TO BRING THEM BEFORE US.

YOU CAN ASK.

THEY DON'T HAVE TO.

YOU CAN ASK, YOU KNOW, AS A COURTESY THAT THEY COME TO THE BOARD JUST TO FIND OUT WHAT THEIR PLAN IS WITH THE PROPERTY.

OKAY.

IT'S, DO WE HAVE ANY POWERS TO ONLY IF THERE'S IN VIOLATION OF THE COP, CAN WE THEN SEND A TO LETTER? RIGHT.

IF THEY'RE NOT OPERATING, THERE'S OBVIOUSLY NO.

RIGHT.

IS YOUR CONCERN THEY'RE LETTING IT DETER ALL LAVILLE.

YES.

RIGHT.

SO IS THERE ANYTHING AND IT'S PROPERTY OR OTHER DEPARTMENTS OF THE CITY CAN BE, UM, ADDRESSING THAT? THE, THE CONCERN OF IT, I THOUGHT, WAIT, I THOUGHT WE PASSED A, AN ORDINANCE ABOUT THAT.

THAT, THAT BECAUSE OF THE DOVAL, THAT IF YOU LET SOMETHING DETERIORATE, THEY WOULD HAVE TO REPLICATE.

DIDN'T WE PASS SOMETHING LIKE THAT? YOU CAN'T, THE STATE PROMPTED THAT.

NO, I THOUGHT WE, OH, WELL.

YES.

BUT I THINK WHAT I, ELIZABETH, I THINK WHAT YOU'RE ASKING, YOU'RE JUST ASKING THEM TO PROVIDE AN UPDATE ON THE PROJECT.

I WANNA KNOW WHAT'S, IT'S HOW I UNDERSTAND.

BUT HER ULTIMATE CONCERN, DIDN'T WE PASS SOMETHING THAT ADDRESSED THAT ISSUE ABOUT AN OWNER LETTING A PROPERTY DETERIORATE TO THE POINT WHERE IT HAS TO BE DEMOLISHED? YES.

YOU STRENGTHEN THE RULES ON, AND THE, AND THE PRESUMPTION THAT IF A BILL, IF A CONTRIBUTING BUILDING IS DEMOLISHED WITHOUT PRIOR, UH, APPROVAL OF THE HPB, THAT THE PRESUMPTION IS THAT THE NEW BUILDING HAS TO BE REPLICATED.

RIGHT.

THAT'S, I REMEMBER THERE, THERE WAS THE, THE STATE STEPPED IN, UH, LAST YEAR AND PREEMPTED THE CITY FROM REQUIRING REPLICATION OF CERTAIN COASTAL BUILDINGS.

I THINK THOUGH THE BANCROFT WOULD BE IN THE AREA THAT IS EXEMPT BECAUSE IT'S IN THE NATIONAL REGISTER.

YES.

I I THINK IT'S WITHIN THE BOUNDARIES OF THE NATIONAL REGISTRY.

IT IS, IT IS.

SO IT WOULD BE, SO, SO WE, THE, THE HPB COULD REQUIRE REPLICATION IF WE GET TO THAT POINT I'M NOT SURE WE'RE ANYWHERE NEAR THAT POINT, BUT SO WOULD THE DISCUSSION ITEM BE TO HAVE THEM COME AN INVITATION TO PLEASE COME TO THE PLANNING BOARD TO TELL US WHAT YOU'RE, WHAT'S GOING ON? CAN WE DO THAT? YEAH.

ALRIGHT.

HOW IS OUR, IS OUR FEBRUARY AGENDA REALLY FULL ALREADY? SHOULD WE, SHOULD BE OKAY.

OKAY.

BUT I JUST, IF THE BOARD WANTS TO, WE DO HAVE SOME PUBLIC COMMENT.

I FORGOT TO TAKE ON THE LAST ITEM.

DO YOU WANT TO HEAR SOME MEMBERS OF THE PUBLIC SPEAK ON THE PREVIOUS YEAH, IF THEY TOOK THE TIMING, WE CONTINUED IT, BUT HAPPY TO HEAR THEM.

SURE.

SO I CAN CALL ON THE FIRST SPEAKER.

WESLEY KEEN.

YEAH.

HE'S THE ONE THAT SENT THE EMAIL.

RIGHT.

OKAY.

WES WESLEY, WE, WE LISTENED TO YOU AND WE CONTINUED IT, BUT IF YOU WANT TO SAY SOMETHING, FEEL FREE.

YEAH, I APPRECIATE IT.

GOOD, GOOD AFTERNOON.

WESLEY KE CODA OFFICES AT 7,500 NORTHEAST FOURTH COURT.

UM, I APPRECIATE THE SENTIMENT AND THE INTENT BEHIND THIS CODE.

IN FACT, IN ADDITION TO BEING MAINLY A RESIDENTIAL ARCHITECT PRACTICING WITH 90% OF OUR PROJECTS IN MIAMI BEACH, WE WERE ALSO SPONSORED BY THE LATE, UH, COMMISSIONER SAMUEL TO LOOK AT PERMEABILITY ACROSS THE ALLEYWAY NETWORK OF MIAMI BEACH.

SO THIS IS ALSO AN ISSUE THAT WE CARE DEEPLY ABOUT.

UM, AS YOU KNOW, AS YOU NOTED IN MY EMAIL, THE, UM, WHAT I'M CONCERNED ABOUT, AND I'M LOOKING AT DATA ACROSS PROJECTS, IS HOW THIS MIGHT BE PARTICULARLY PUNITIVE ON SMALLER SCALE LOTS.

UM, I AGREE WITH MICHAEL THAT THE COUNTY HAS REGULATIONS ON LOT PERMEABILITY.

YOU KNOW, A LOT OF OUR WORK AS, AS MICHAEL AND THE CITY STAFF KNOWS IT REALLY ADOPTS COURTYARDS AND COURTYARDS ARE A GREAT WAY TO BRING LIGHT AIR INTO THE HOME, BUT ALSO INCREASE PERMEABILITY ACROSS THE LOT IN OUR CURRENT DESIGNS WITH COURTYARDS.

THAT DOESN'T REALLY GET US ANY CREDIT OUTSIDE OF LOT COVERAGE TOWARDS THE ADDED PERMEABILITY THAT IT MIGHT GRANT TO A LOT BASED ON THE COUNTY'S INITIATIVE.

UM, SO I THINK THAT THIS IS A WELL INTENDED, UH, YOU KNOW, EFFORT, BUT I THINK IT COULD BE ENHANCED AND, AND MAYBE CHECKED AGAINST SOME, SOME OF OUR WORK EVEN.

AND I'D BE HAPPY TO, TO BE OPEN, MICHAEL, FOR SOME SORT OF, UM, WORKSHOP IF THAT'S OF USE TO YOU TO MAYBE OFFER SOME

[03:45:01]

IDEAS.

FOR INSTANCE, UH, SWIMMING POOLS, LIKE OTHER ELEMENTS OF THE HOME, THE, WHAT COMES TO MIND IS A TWO CAR GARAGE.

THEY DON'T NECESSARILY INCREASE ON A PERCENTAGE BASE WITH AN INCREASE OF LOT, RIGHT? THAT A, A TWO CAR GARAGE IS SIZED TO ACCOMMODATE TWO CARS.

A SWIMMING POOL IS TYPICALLY SIZED, YOU KNOW, 15 BY 30 OR 12 BY 40, SOMETHING LIKE THAT.

SO, UM, BY, BY HAVING THE PERMEABILITY IN THE REAR TIED TO THE SWIMMING POOL, IT FORCES SMALLER LOTS TO HAVE SMALLER SIZE POOLS.

BUT YOU KNOW, POTENTIALLY AS THE, AS THE CODE RECOGNIZES THE GARAGE SITUATION, IT OFFERS A MAXIMUM SQUARE FOOT, UH, TOWARDS LOT COVERAGE AND UNIT SIZE ON THE GARAGE.

IT COULD, IT COULD OFFER SOMETHING SIMILAR TO POOLS THAT GIVES THE ABILITY FOR SMALLER SIZE LOTS TO STILL HAVE, YOU KNOW, A NORMAL IRREGULAR SIZED POOL.

UM, AS I MENTIONED, I DON'T WANNA BELABOR IT, BUT THE, THE POOL AS A BODY, UM, OF WATER IS A, IS A GREAT WAY TO STORE WATER.

THERE ARE WAYS TO DIVERT THAT OVERPOUR INTO DRY WELLS AND ENGINEERED SYSTEMS. UM, SOIL IS, IT'S A COMMON MISNOMER THAT SOIL IS A GOOD SOURCE OF DRAINAGE, BUT IN FACT, WHAT YOU'RE LOOKING FOR TO STORE WATER IS A LOT OF AIR SPACE.

SO YOU, YOU, YOU KNOW, BALLAST ROCK GRAVEL, SOMEONE MENTIONED RIVER ROCK.

THESE ARE GREAT WAYS TO STORE WATER.

IRONICALLY, LAWNS ARE A SOMEWHAT INEFFICIENT WAY TO STORE WATER.

SO I THINK PERHAPS WITH, UM, A CONVERSATION WE COULD HELP REALLY CRAFT THIS LANGUAGE TO REALLY SUIT THE SPONSORING COMMISSIONER'S INITIATIVE WHILE ALSO PROTECTING THOSE SMALLER LOT HOMEOWNERS.

I THANK YOU FOR EVERYBODY'S TIME.

THANK YOU WESLEY.

OUR NEXT CALLER IS JOHANN MOORE .

YES.

GOOD AFTERNOON.

ONE FINAL TIME.

UH, I WANT TO THANK THE LAST SPEAKER FOR, UH, BOTH REMINDING US OF COMMISSIONER IAN'S, UH, INTEREST IN THE SUBJECT OF DRAINAGE BROADLY, BUT ALSO GESTURING TO THE FUTURE.

UH, THERE HAS BEEN, UM, A FAIR AMOUNT OF DISCUSSION BOTH WITHIN THE NEIGHBORHOOD, NOT MY NEIGHBORHOOD AND WITHIN SUSTAINABILITY COMMITTEE ABOUT THE SPECIFIC SUBJECT OF POROUS PAVEMENTS.

AND I KNOW THAT THAT IS ONLY AN ASPECT OF THIS AND A RATHER PROSPECTIVE ONE.

BUT AS WE MOVE FORWARD ON BEHALF OF SUSTAINABILITY COMMITTEE, WHICH HAD A RATHER LENGTHY, UH, DISCUSSION, UH, ABOUT THIS RECENTLY, UM, I WOULD URGE THAT AS YOU MOVE FORWARD, YOU SPECIFICALLY ASK FOR, UH, THE CITY ENGINEERS, UM, VIEWS THAT WE FOUND, UM, VERY IMPORTANT REGARDING, UM, WHERE HORSE OR PREVIOUS PAVEMENTS ARE LOCATED.

IF THEY ARE LOCATED TOO LOW, THEY WILL HAVE, UH, THE OPPOSITE EFFECT UNDER HEAVY RAINFALL CONDITIONS WHERE THE WATER WILL IN FACT BUBBLE BACK UP THROUGH THEM.

AND I'M SPECIFICALLY TALKING ABOUT THE PAVEMENTS.

THIS IS NOT SOME, UH, IMPLIED OBJECTION TO, TO LAWNS OR WHAT HAVE YOU.

QUITE THE CONTRARY.

UM, AND WHILE AGAIN, YOUR FOCUS NOW IS PRIMARILY ON SINGLE FAMILY HOMES AND THOSE DO NOT AS A RULE, I BELIEVE, WELL MAYBE MID BEACH, UH, SIT ON THE COASTAL RIDGE.

THE COASTAL RIDGE IS IN FACT THE MOST IDEAL SPOT FOR PERVIOUS PAVEMENTS, WHEREAS LOWER LYING PROPERTIES, IN FACT, AS WAS MENTIONED BEFORE, ELEVATION IS PROBABLY THE ONLY WAY OUT OF THESE ISSUES.

THERE WAS A CONCERN RAISED, UH, AND I WANTED TO ADDRESS THAT TO HEAD IT OFF, THAT IN FACT, POROUS PAVEMENTS ARE SUSPECTED OF A NEGATIVE SIDE EFFECT, IF YOU WILL, OF CONCENTRATING, UH, POLLUTANTS UNDERGROUND BECAUSE THEY WOULD BE FUNNELED TOWARD THAT POROUS PAVEMENT.

UM, THAT SEEMS TO NOT BE A CONCERN.

UM, UH, UH, MEMBERS OF THE SUSTAINABILITY COMMITTEE WITH FAR GREATER EXPERTISE THAN I, UM, UH, THOUGHT THROUGH THAT.

AND IN FACT, UH, DIALOGUED THEIR WAY THROUGH THAT WITH THE CITY ENGINEER.

UH, AND THE CITY ENGINEER IN FACT HAS EXPRESSED SUPPORT IN PRINCIPLE, UH, FOR POROUS PAVEMENTS, UM, UH, REALIZING THAT, THAT THAT IS PROBABLY NOT, UH, UH, A, A LEADING CONCERN, THE CONCENTRATION OF POLLUTIONS.

WHEREAS THOUGH, AS SAID, UH, THE ELEVATION OF THE PROPERTY RELATIVE TO ITS UNDERLYING WATER TABLE IS SOMETHING YOU REALLY WOULD WANT TO KEEP IN MIND AS YOU GO FORWARD.

THANK YOU VERY MUCH.

THANK YOU.

OUR NEXT CALLER IS LARRY SCHAFER.

SORRY, THERE, I'M ON MUTED NOW, I BELIEVE.

UM, THIS IS LARRY SCHAFER 2 3 3 80 FIRST STREET IN NORTH BEACH.

I WANT TO, UH, MAKE MENTION THAT PREVIOUS M**K MENTION THAT PERVIOUS CONCRETE HAS AN ADDITIONAL ISSUE OF MAINTENANCE.

UNLIKE ADDITIONAL, UH, TRADITIONAL CONCRETE PERVIOUS CONCRETE SHOULD BE VACUUMED EVERY SIX TO 12 MONTHS TO REMOVE SAND AND SOIL THAT MIGHT DEVELOP IN THE, IN THE VOIDS THAT ARE WITHIN THE PERVIOUS CONCRETE.

AND THAT'S NOT SOMETHING THAT EVERYONE PLANS TO DO WHEN THEY POUR

[03:50:01]

CONCRETE THAT ARE EXPECTING TO FIX IT AND FORGET IT.

BUT IF YOU WANT TO HAVE PERVIOUS CONCRETE AND HAVE IT PASSED WATER THROUGH, YOU NEED TO MAKE SURE THAT THE VOIDS ARE CLEAR OF DEBRIS OVER TIME.

AND, UM, IF YOU WANNA SEE AN EXAMPLE OF SOME FAILED PERVIOUS CONCRETE, YOU JUST NEED TO WALK UP THE BEACH WALK TO 87 TERRACE, WHERE, UM, I BELIEVE DAVID MARTIN'S TEAM PUT DOWN SOME PERVIOUS CONCRETE.

YOU CAN SEE IT, UH, IS FAILED ALREADY WITH GRASS GROWING THROUGH IT.

UM, AND SO I'M NOT SURE IF THAT'S A MAINTENANCE ISSUE OR A MAIN, AN ISSUE WITH THE MIX OF THE PERVIOUS CONCRETE THERE, WHAT THEY ADDED TO IT.

UM, BUT THERE ARE SOME FAILED, UH, PERVIOUS CONCRETE ALREADY RIGHT HERE.

UM, AND, UH, I WOULD ALSO SAY THAT IF YOU INCREASE THE PERVIOUS COVERAGE FRONT, BACK OR SIDE YARDS, BE PREPARED TO SEE A LOT MORE GRAVEL, GRAVEL'S, A LOT EASIER TO PUT DOWN AND DOESN'T REQUIRE PERMIT, IT'S A LOT EASIER TO MAINTAIN THAN, UH, THAN GRASS AS WELL.

SO I DON'T KNOW, IS IT MORE ATTRACTIVE TO SEE ALL THIS GRAVEL IN PEOPLE'S YARDS? UM, OF COURSE PEOPLE WITH MONEY CAN BUY, UH, BETTER PEBBLES.

THEY CAN BUY RIVER ROCKS.

YOU CAN EVEN GET PINK BERMUDA RIVER ROCKS AND IMPORT THAT.

BUT, UH, I WOULD, I WOULD BET THAT MANY HOMEOWNERS WOULD TAKE THE EASY ROUTE AND, UH, DROP A BUNCH OF GRAVEL DOWN.

SO PLEASE EXPECT TO SEE MORE OF THAT IF YOU INCREASE THE PERVIOUS REQUIREMENTS.

UH, ONE MORE IDEA IS THAT, UH, YOU CAN ALSO DO, UH, FLOATING DECK STYLE WALKWAYS.

BASICALLY WHAT THAT IS, IS YOU PUT DOWN LANDSCAPING FABRIC, YOU PUT DOWN A BED OF GRAVEL, AND THEN YOU DO A LITTLE PRESSURE TREATED FRAMING, AND THEN YOU PUT DECK BOARDS ON TOP AND THAT ALLOWS YOU TO ELEVATE YOUR WALKWAY 12 INCHES, MAYBE 18 INCHES.

AND THAT WAY WHEN YOU GET FLOODING, YOU CAN WALK OUTSIDE OF YOUR HOUSE JUST A LITTLE BIT.

NOW, THESE ARE FLOATING DECK SYSTEMS ARE ILLEGAL WITHOUT PERMITS IN THE CITY OF MIAMI AND OTHER MUNICIPALITIES, BUT I'M NOT QUITE SURE IF THE BUILDING DEPARTMENT WOULD ALLOW YOU TO PUT A FLOATING DECK SYSTEM IN MIAMI BEACH.

SO THESE ARE JUST SOME IDEAS.

I'M GLAD THAT THIS GROUP HAS CONTINUED THE ITEM BECAUSE I THINK THERE'S SOME DISCUSSIONS, UH, THAT CAN BE HAD AND RESOURCES AND PEOPLE WHO COULD CONTRIBUTE TO THIS TOPIC.

THANK YOU.

AND YOUR NEXT CALLER IS JENNIFER MCCONNEY.

GOOD AFTERNOON EVERYBODY, AND THANK YOU FOR YOUR TIME ON THIS.

UM, I THINK THE LAST COUPLE CALLERS HAVE HAD SOME REALLY GREAT POINTS.

UM, I I WANNA ADD JUST A FEW THINGS AND I'LL KEEP IT SHORT.

UM, THE, THE, IN THE FRONT, THE PERVIOUS PAVERS, UM, I THINK WE REALLY NEED TO MAKE SURE THAT LANGUAGE IS, IS, IS A LITTLE BIT MORE DEFINED.

UM, WE ALSO, THOSE PREVIOUS PAPERS DO NOT LAST FOREVER.

UM, SO, YOU KNOW, AFTER A WHILE, YOU KNOW, THEY WILL NEED MAINTENANCE.

UM, AND ALSO ON THE REAR YARD, UM, I KNOW WE, YOU KNOW, WE WERE, WE'RE WORRIED ABOUT THE SMALLER HOMES AND I THINK THAT'S REALLY IMPORTANT.

BUT THE LARGER HOMES, WHICH MAY HAVE A BIGGER SURFACE OF POOL AREA IN THE REAR YARD, UM, THE, THE, THE POOLS DO ACT AS STORAGE.

SO, YOU KNOW, IN THE WINTER, YOU KNOW, I'M PRAYING FOR RAIN SO I DON'T HAVE TO REFILL UP MY POOL, UM, WITH, WITH THE CITY WATER.

SO I, YOU KNOW, I REALLY DO THINK WE SHOULDN'T, UM, PENALIZE THE, THE SMALLER OR LARGER HOMES, UM, WITH THE, WITH, UM, NOT COUNTING THE POOL AS 50% PROTEUS.

UM, THE LAST POINT I WANT TO MAKE IS, I THINK ONE, ONE OF THE, ONE OF THE BOARD MEMBERS MENTIONED, LET'S LOOK AT THE, LET'S LOOK AT THE AREA OF THE, OF THE LOT AS A WHOLE.

SO MAYBE, YOU KNOW, YOU HAVE A COURTYARD OR WE HAVE, UM, YOU KNOW, OTHER AREAS WHERE WE'RE PROVIDING OUS AREAS.

IT'S NOT ONLY IN THE FRONT BECAUSE SOME HOMES HAVE A VERY SMALL FRONTAGE WHERE THEY'RE GOING TO NEED A, A 20 FOOT WIDE DRIVEWAY IN THERE.

AND THAT'S, IT'S NOT GONNA WORK IF WE REDUCE THAT SQUARE FOOTAGE.

SO, UM, THOSE ARE MY POINTS.

AND THANK YOU FOR TAKING ALL THIS INTO CONSIDERATION TODAY.

THANKS.

AND OUR LAST CALLER IS MATT AMSTER.

GOOD AFTERNOON.

UH, MATT AMSTER WITH THE LAW FIRM OF BURKE ELL FERNANDEZ, LARKIN AND TAPS OFFICES AT 200 SOUTH PISCA BOULEVARD.

UM, I'LL BE BRIEF.

UH, I HAVE LISTENED TO AND APPRECIATE THE DISCUSSION AS YOU SEEK TO FIND THE RIGHT BALANCE FOR RESILIENCY AND SUSTAINABILITY.

UH, I ALSO WANT TO THANK YOU FOR ACKNOWLEDGING THE EFFORTS OF MANY IN-PROCESS APPLICANTS.

UH, I DID SHARE AN APPLICABILITY CLAUSE BY EMAIL AND HEARD THAT THAT LIKELY WILL BE INCLUDED.

UH, WE DO NEED TO MAKE SURE THAT PEOPLE WHO'VE PUT IN MONTHS AND MONTHS OF EFFORT AND DESIGN, UH, IS PROPERLY ACKNOWLEDGED AND DO NOT HAVE TO MAKE SUBSTANTIAL CHANGES.

UH, WE LOOK FORWARD TO SEEING THE REVISIONS NEXT MONTH.

THANK YOU SO MUCH.

THANKS, MATT.

ALRIGHT, MIKE, YOU GOT YOUR WORK CUT OUT FOR YOU, , THAT SEEMS LIKE THE PEOPLE HAVE SPOKEN .

UH, SORRY, I, SORRY.

I PUT SO THAT, UM, WE'RE GONNA PUT, UM, WELL WE'VE CONTINUED THAT TILL THE FEBRUARY MEETING, RIGHT? WE'RE GONNA PLACE A DISCUSSION ON THE CRO, UM, NEXT MONTH TO NOTIFY THE, THE PROPERTY OWNERS.

AND WITH THAT, THAT, UM, CONCLUDES OUR AGENDA UNLESS ANYBODY ELSE HAS ANY OTHER BUSINESS.

THANK YOU.

IT ADJOURNED.

[03:55:01]

THANK YOU.

THANK YOU.

SEE YOU ALL NEXT MONTH.