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4, 3, 2, 1.

[00:00:04]

OKAY.

GOOD MORNING EVERYONE.

UH, WE ARE HERE FOR THE FEBRUARY 4TH PLANNING BOARD MEETING.

UM, JUST A PRELIMINARY ANNOUNCEMENT THAT WE ARE GOING TO, UM, HAVE A, A, A TIME CERTAIN OF 10:00 AM FOR, UH, PLANNING BOARD FILE 24 0 7 0 8 AND 24 0 6 9 3, WHICH, UH, PERTAINS TO THE VILLE PROJECT.

UM, AND THERE'S ALSO A, UH, PLANNING BOARD FILE 24 0 7 1 9 HAS ASKED FOR A CONTINUANCE.

SO, UH, BUT WE'LL GET INTO THAT AS WE GO BY.

UM, FIRST

[1. After Action Report – January 7, 2025 ]

IF I COULD GET A, UM, A MOTION TO APPROVE THE MINUTES FROM THE LAST MEETING.

MOTION TO APPROVE.

I GET A SECOND.

SECOND IT.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY, MR. CITY ATTORNEY.

[CITY ATTORNEY UPDATES]

GOOD MORNING, MR. CHAIRMAN AND MEMBERS OF THE BOARD.

TODAY'S MEETING OF THE PLANNING BOARD DID 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 VIRTUALLY OR IN, UH, APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM TO PARTICIPATE VIRTUALLY IN TODAY'S MEETING, THE PUBLIC MAY DIAL 1-877-853-FIVE 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 6 1 4 3 4 2 6 3 7.

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

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

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

YOU DON'T HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY.

OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEM.

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

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

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.

UM, LASTLY,

[SWEARING IN OF PUBLIC]

I'D LIKE TO SWEAR IN ANY MEMBERS OF THE PUBLIC OR STAFF WILL BE TESTIFYING TODAY.

PLEASE RAISE YOUR RIGHT HANDS.

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

THANK YOU, .

YOU GOT IT BACK THERE.

OKAY.

ALL RIGHT.

EVERYONE'S SWORN IN.

THANK YOU.

UM, WE HAVE QUITE A FEW, UH, REQUESTS FOR CONTINUANCES.

THE FIRST IS PLANNING BOARD FILE

[2. PB24-0656. 1235 Washington Avenue. Night Club]

24 0 6 5 6 12 35 WASHINGTON AVENUE NIGHTCLUB.

BEFORE WE BEGIN, UM, CAN I ASK, UM, PJ TO PROMOTE ME ON THE ZOOM CALL? JUST A SECOND.

WHAT DOES THAT MEAN? PROMOTE ME ON THE ZOOM SO I CAN SEE THE WHO'S, WHO'S CALLING IN FROM THE PUBLIC AND I DIDN'T KNOW THE WORD PROMOTE ME WAS THE RIGHT.

I HAVEN'T HEARD THAT.

SO YES.

OUR FIRST REQUEST FOR CONTINUANCE IS PP 24 DASH 0 6 5 6 FOR 1 2 3 5 WASHINGTON AVENUE.

DO WE HAVE ANY HERE, ANYBODY HERE REPRESENTING THE APPLICANT? IF NOT, THE APPLICANT HAS REQUESTED A CONTINUANCE TILL THE MARCH 4TH MEETING.

OKAY.

ANY, ANY REASON THAT WE KNOW OF? I THINK THEY WERE WORKING, TRYING TO WORK OUT, UM, SOME, SOME MORE FINER DETAILS ON THE, ON THE APPLICATION.

OKAY.

FOR SUBMISSION.

SO, UM, DID YOU WANNA SAY SOMETHING MR. DERKIN? GOOD MORNING.

MICHAEL LARKIN, TWO SOUTH POLICE BOULEVARD HERE.

RESIDENT APPLICANT WE'RE TRYING TO WORK ON, UH, SUPPORT AGREEMENTS.

OUR IMMEDIATE NEIGHBORS IS TAKING SOME TIME, BUT WE'RE TRYING TO WRAP THAT UP BEFORE WE APPEAR BEFORE YOU ALL.

OKAY.

ANYONE ELSE HERE TO SPEAK ON THIS? ANYONE ON ZOOM? SO I THINK WE HAVE A COUPLE CALLERS ON ZOOM, BUT I DON'T THINK THEY'RE HERE FOR THIS APPLICATION.

UM, JR BUILT NO.

UM, SO YEAH, NOBODY ELSE IS ON ZOOM FOR THIS APPLICATION.

OKAY.

SO I WANT TO MOVE IT TO MARCH.

MOTION TO CONTINUE THIS ITEM TO MARCH.

OKAY, I'LL SECOND IT.

OKAY.

ALL IN FAVOR? AYE.

ALL OPPOSED? OKAY, MOVE TO MARCH NEXT ITEM.

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

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

PLANNING BOARD FILE 24 0 7 0 3 12 50 WEST AVENUE, ALTON BEACH, BAYFRONT OVERLAY DISTRICT COMPREHENSIVE PLAN AMENDMENT.

WE'LL TAKE THAT TOGETHER WITH UM, PB 24 DASH 0 6 9 8.

THE COMPANION, UM, ORDINANCE REGARDING THE DEVELOPMENT REGULATIONS ALSO FOR THE ALTON BEACH BAYFRONT OVERLAY DISTRICT.

I BELIEVE THE APPLICANT'S REQUESTING A CONTINUANCE ON THESE ITEMS TO THE MARCH 4TH MEETING.

THAT'S CORRECT, MICHAEL.

AND I THINK, UH, WE'RE DOING THE SAME THING THAT MICHAEL LARKIN JUST MENTIONED.

WE'RE CONTINUING TO WORK WITH

[00:05:01]

OUR NEIGHBORS, UH, TO SECURE THEIR SUPPORT.

OKAY.

ANYONE ELSE HERE TO SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM.

THEIR HAND RAISED ON THIS.

OKAY.

YOU WANT IT TO MARCH YOU SAID? YEAH.

OKAY.

MARCH 4TH PLEASE.

CAN WE GET A MOTION? MOTION TO CONTINUE? OKAY.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY, MOVE TO MARCH.

THANK YOU.

NEXT

[5. PB22-0539. 600 - 660 Washington Ave. Angler's Hotel.]

IS FILE PLANNING.

BOARD FILE 22 0 5 3 9.

UH, THE ANGLERS HOTEL SIX 60 WASHINGTON AVENUE.

DO WE HAVE ANYBODY HERE FROM THE APPLICANT ON THIS ITEM? I SEE SOMEONE COMING UP.

YOU GUYS ARE MOVING FAST TODAY.

UH, GOOD MORNING.

EMILY BALTER, BERK FERNANDEZ LARK TAPS OFFICE AT 200 SOUTH BISCAY BOULEVARD.

WE'RE RESPECTFULLY REQUESTING TO CONTINUE THIS TO THE APRIL MEETING, UH, IN ORDER TO WORK WITH OUR NEIGHBORS ON SOUND TESTING BEFORE COMING BEFORE THIS BOARD.

AND THAT WOULD BE THE APRIL 8TH MEETING.

THERE'S NOBODY WITH THEIR HAND RAISED ON ZOOM FOR THIS ITEM.

ANYONE ELSE IN CHAMBERS? OKAY.

MOTION TO CONTINUE.

SECOND IT.

OKAY, MOVE TO, UH, ALL IN FAVOR? ANYONE OPPOSED? OKAY, IT'S MOVED.

I HAVE, I HAVE A QUICK QUESTION.

HOW LONG HAVE Y'ALL BEEN CONTINUING THIS? HOW MANY TIMES HAS IT BEEN CONTINUED? I DON'T KNOW THE EXACT NUMBER OF TIMES, BUT WE HAVE EXCEEDED THE ONE YEAR.

SO WE, WE, UH, WE WILL BE RE NOTICING.

WE DID, SO WE DID PAYING THE NOTICE FEES.

SO WE DID, WE HAVE TO RE ADVERTISE IT FOR THIS MEETING.

OKAY.

UM, SO THEY, THAT RESETS THE CLOCK SO IT CAN BE CONTINUED FOR UP TO 120 DAYS MORE FROM UM, THIS MEETING DATE.

OKAY.

DO YOU THINK YOU'LL HAVE IT RESOLVED BY THEN? WE HOPE SO.

.

THANK YOU.

IF NOT, WE WE WOULDN'T COME BEFORE THE BOARD AND WASTE YOUR TIME.

ALRIGHT, SO ALL IN FAVOR? A ANYONE OPPOSED? OKAY.

MOVE TO APRIL, CORRECT? CORRECT.

APRIL 8TH.

OKAY.

NEXT FILE PLANNING BOARD

[6. PB24-0734. Increasing and Enhancing Porous Surface Requirements for Parking Lots and Driveways.]

FILE, OH 24 0 7 3 4 INCREASING AND ENHANCING POROUS SURFACE REQUIREMENTS FOR PARKING LOTS AND DRIVEWAYS.

AND THIS WAS HEARD BEFORE THE BOARD LAST MONTH.

REMEMBER YOU CONTINUED IT FOR US TO DO SOME MORE RESEARCH AND SO WE'RE STILL GETTING INFORMATION FROM THE COUNTY AND THE COUNTY'S REQUIREMENTS.

SO WE NEED SOME MORE TIME BEFORE WE COME BACK WITH YOU WITH THAT INFORMATION.

SO WE ARE REQUESTING THAT THIS BE CONTINUED TO THE, UM, MARCH 4TH MEETING DATE.

OKAY.

ANYONE HERE SPEAK ON THIS? ANYONE ZOOM A ZOOM? NOPE.

OKAY.

CAN WE GET A MOTION TO CONTINUE? MOTION TO CONTINUE.

OKAY, MELISSA.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

THE LAST ONE WE NEED TO VOTE ON IS,

[11. PB24-0719. 1350 Collins Avenue]

UM, PLANNING BOARD FILED 24 0 7 1 9 13 50 COLLINS AVENUE AND WE HAVE, UM, BOB FUENTE REPRESENTING THE APPLICANT ON THIS APPLICATION.

BOB, ARE YOU THERE? UH, GOOD MORNING.

YES, MICHAEL? I'M HERE.

GOOD MORNING MR. CHAIR.

MEMBERS OF THE BOARD, MY NAME IS BOB DELA FUENTE WITH LAW OFFICES AT 1200 BRICKELL AVENUE ON BEHALF OF THE APPLICANT.

UM, YES, THE SUGGESTION OF STAFF.

UM, WE'VE AGREED TO A CONTINUANCE UNTIL THE MARCH MEETING.

WE HAVE CONDUCTED ADDITIONAL TESTING, BUT STAFF HAS NOT HAD TIME TO REVIEW THE RESULTS OF THOSE TESTS AND WE ARE ALSO DOING A FOLLOW-UP TEST, UH, IN A COUPLE OF WEEKS.

AND, UM, STAFF WILL ATTEND THAT ONE TO CONFIRM THE SOUND BUBBLES.

SO WITH THAT, WE'D LIKE TO CONTINUE THIS ITEM UNTIL, UH, THE THE MARCH MEETING.

OKAY.

ANYONE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NO ONE ON ZOOM WITH THEIR HAND RAISED.

OKAY.

, THERE'S ONE ON ZOOM.

NO, THERE'S NO ONE ON ZOOM.

MOTION TO CONTINUE.

SECOND IT.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY, THAT'S MOVED.

SO THE NEXT FOUR

[7. PB25-0737 Lincoln Road West Residential Use Incentives - Comprehensive Plan Amendment.]

[8. PB24-0731. Lincoln Road West Residential Use Incentives]

[9. PB25-0738. Lincoln Road East Residential Use Incentives - Comprehensive Plan Amendment]

[10. PB25-0739.  Lincoln Road East Residential Use Incentives – LDR Amendments]

ITEMS, I THINK MICHAEL YOU SAID JUST HAVE TO BE READVERTISED.

YEAH, I JUST WANNA REFERENCE THOSE NUMBERS 'CAUSE WE DID ADVERTISE 'EM INITIALLY, UM, IN THE HERALD, JUST SO ANYBODY WHO'S LOOKING AT THIS, THESE WILL BE RE READVERTISED FOR THE MARCH MEETING.

AND THIS IS THE, UM, PB 25 DASH 7 37, THE LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES, COMPREHENSIVE PLAN AMENDMENT.

UM, THE COMPANION, UM, LAND DEVELOPMENT REGULATION ORDINANCE FOR PB 24 DASH 0 7 31 FOR THE LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES AS WELL AS PB 25 0 7 3 8, THE LINCOLN ROAD EAST RESIDENTIAL USE INCENTIVES, THE COMPREHENSIVE PLAN AMENDMENT AND PB 25 0 7 39, THE LINCOLN ROAD EAST RESIDENTIAL USE INCENTIVES, THE LAND DEVELOPMENT REGULATION AMENDMENTS, THOSE WILL BE RE READVERTISED FOR THE MARCH 4TH MEETING.

OKAY, GREAT.

ALRIGHT, AS FAR AS DISCUSSION ITEMS,

[12. Loading, including truck sizes and safety ]

UM, I GUESS I'LL MAKE AN ANNOUNCEMENT THAT, UH, YESTERDAY A NEW PLANNING BOARD MEMBER WAS APPOINTED KEITH MARKS AND, UM, MATTHEW, UH, GUT OFF WAS GOING TO PRESENT ON THE LOADING, UH, INCLUDING TRUCK SIZES AND SAFETY.

SO WE'RE GONNA DEFER THAT.

HE WILL BE CONTACTED TO SEE IF HE WOULD LIKE TO PRESENT TO US AT ANOTHER TIME.

AND 1501 COLLINS

[13. 1501 Collins Avenue – Bancroft]

AVENUE, UH, I THINK IS BEING DEFERRED RIGHT TO MARCH TO MARCH.

OKAY.

YEAH, WE DIDN'T HAVE TIME ENOUGH TO HEAR BACK FROM THEM IN TERMS OF CONTACTING THEM.

SO WE NEED TO GIVE THEM MORE TIME TO RESPOND AND, AND GIVE THEM AVAILABILITY TO COME BACK TO THE MARCH MEETING.

OKAY.

SO THAT'LL BE MOVED TO MARCH.

OKAY, SO WE'RE ON TO REVOCATION MODIFICATION

[14. PB21-0442. 743 Washington Avenue – Vendome.]

HEARINGS.

[00:10:01]

ITEM 13, PLANNING BOARD FILED 21 0 4 4 2 7 43 WASHINGTON AVENUE, DEVON DOME.

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

SO JUST IN TERMS OF THE RECENT HISTORY BACK ON MAY 29TH OF LAST YEAR, UM, PLANNING STAFF SENT A SECURE LETTER TO THE APPLICANT AND REQUESTED THEY APPEAR BEFORE THE BOARD FOR A PROGRESS REPORT ON JUNE 25TH OF LAST YEAR.

ON JUNE 25TH, 2024.

THE PLANNING BOARD HELD A DISCUSSION ON THE PROGRESS REPORT AND CONTINUED CONTINUED THAT TO THE JULY 30TH MEETING ON JULY 30TH.

THE BOARD, UM, DID DISCUSS THE PROGRESS REPORT AND SET A REVOCATION MODIFICATION HEARING FOR SEPTEMBER 24TH.

ON SEPTEMBER 24TH OF LAST YEAR, THE BOARD DID VOTE TO MODIFY THE CEP AS RECOMMENDED BY STAFF AND CONTINUED THE REVOCATION MODIFICATION HEARING TO THE NOVEMBER 26TH MEETING ON NOVEMBER 26TH OF LAST YEAR.

THE BOARD DID DISCUSS THE REVOCATION MODIFICATION HEARING AND CONTINUED IT TO A, A DATE CERTAIN OF TODAY.

NOW, SINCE THE, UM, THE LAST HEARING, THE LAST TIME, THIS IS BEFORE THE BOARD ON NOVEMBER 26TH, NO NEW CITATIONS OR VIOLATIONS HAVE BEEN ISSUED TO THE PROPERTY OVER SEVERAL OF THE VIOLATIONS THAT WERE PREVIOUSLY APPEALED TO THE SPECIAL MAGISTRATE HAVE BEEN, UM, ADJUDICATED.

UM, THE FIRST WAS A, A VIOLATION REGARDING TINTING ON THE WINDOWS, UM, THAT WAS APPEALED TO THE SPECIAL MAGISTRATE WHO ON, ON JANUARY 16TH THERE WAS A ADJUDICATION OF GUILTY EVEN THOUGH THE TINTS HAD BEEN REMOVED.

UM, THE SECOND CASE WAS REGARDING QUEUING ON THE SIDEWALK THAT WAS REVIEWED BY THE SPECIAL MAGISTRATE ON ONE 13 AND THE SPECIAL MAGISTRATE, UM, DENIED THE APPEAL WITH ADJUDICATION OF GUILTY ON THAT CITATION, AS WELL AS ANOTHER CITATION REGARDING QUEUING ON THE, ON THE SIDEWALK APPEALED BY THE SPEC APPEAL TO THE SPECIAL MAGISTRATE REVIEWED ON THE SAME DATE.

AND THAT WAS ALSO, UM, THE APPEAL WAS DENIED WITH THE ADJUDICATION OF GUILTY.

NOW, STAFF IS RECOMMENDING THAT THE COP NOW, UM, STILL BE MODIFIED TO, UM, INCLUDE A PROHIBITION ON SPECIAL EVENTS OR PROMOTED EVENTS OF ANY KIND.

SO I'LL RECOMMEND THAT THE BOARD MODIFY THE CEP WITH THAT CONDITION AT THIS TIME.

AND THEN ALSO CONTINUE THE REVOCATION MODIFICATION HEARING TO THE APRIL 8TH MEETING.

IN ORDER TO CONTINUE MONITORING OF THE OF THE PROPERTY, I'LL TURN IT OVER TO THE APPLICANT FOR HIS PRESENTATION.

GOOD MORNING, MR. CHAIRMAN, MEMBERS OF THE BOARD, MICKEY MARRERO, 200 SOUTH PISCA BOULEVARD LAW FIRM OF BUR CADEL FERNANDEZ.

LARKIN.

AND TAP HERE TODAY ON BEHALF OF MANSUR AND CO LLC, UH, DBA VAN DO BEEN HERE A FEW TIMES ON THIS, ON THIS PROPERTY.

UM, AGAIN, THERE WAS, WE CAN GO BACK OR THE WHOLE HISTORY AGAIN IF YOU WOULD LIKE, OR, OR I CAN JUST KIND OF FOCUS ON WHAT HAPPENED SINCE LAST TIME.

THERE WAS THAT ONE HALLOWEEN NIGHT EVENT, THE ONLY QUEUING VIOLATION THAT HAD OCCURRED SINCE THE MIDDLE OF MAY WHEN EVERYBODY GOT A QUEUING VIOLATION IN MAY WHEN THERE WAS SORT OF LIKE A, AN EMPHASIS ON ON NIGHT LIFE VENUES.

SINCE THEN, THEY SUBMITTED A QUEUING PLAN THAT WAS SHARED WITH THIS BOARD AND A QUEUING, UH, NARRATIVE THAT WAS EMPLOYED.

AND SINCE THEN, THERE WERE NO QUEUING VIOLATIONS, DESPITE THE FACT THAT 88 GOING INTO LAST TIME, AND I THINK 16 MORE SINCE THERE HAVE BEEN NOW 104 PROACTIVE INVESTIGATIONS BY CODE SINCE THE BEGINNING OF THE SUMMER.

THAT MEANS CODE GOES WITHOUT A COMPLAINT, WHICH THEY HAVE EVERY RIGHT TO DO.

AND THEY DO THAT EFFECTIVELY TO SEE IF THERE'S A VIOLATION, TO SEE IF THERE'S A QUEUING ISSUE, TO SEE IF THERE'S ANY VIOLATION.

AND SINCE THAT, UH, MAY, 2024, OTHER THAN HALLOWEEN NIGHT, WHICH I SPENT A GREAT DEAL OF TIME EXPLAINING THE DUBIOUS CIRCUMSTANCES OF THAT.

OTHER THAN THAT ONE NIGHT, THERE WERE EXACTLY ZERO QUEUING VIOLATIONS FROM MAY TILL TODAY, ZERO, EXCEPT FOR THE ONE IN HALLOWEEN, WHICH I CAN GO INTO THAT, THOSE DETAILS.

AGAIN, I'D PREFER NOT TO, BUT IT WAS DEFINITELY VERY, VERY, VERY NEFARIOUS HOW THAT OCCURRED.

UH, THIS IS PEAK SEASON.

SO WHEN WE WERE HERE LAST TIME, WE WERE TOLD, WELL, THEY HAVE NO VIOLATIONS, BUT IT'S NOT THE BUSIEST TIME OF THE YEAR.

WELL, NOW IT'S BEEN THE BUSIEST TIME OF THE YEAR SINCE THE END OF OCTOBER THROUGH TODAY, AND THERE HAVE BEEN NO VIOLATIONS, NOT DURING OUR PUZZLE, NOT DURING CHRISTMAS HOLIDAYS, NOT DURING NEW YEAR'S EVE, NOT TILL MLK WEEKEND, WHATEVER HOLIDAYS YOU WANNA THROW IN THERE.

THERE'S BEEN A BUNCH AND THEY'VE BEEN VERY BUSY AND THEY'VE MANAGED THE QUEUING WELL, THERE HAVE BEEN NO VIOLATIONS.

HOW, HOW MANY PROMOTED EVENTS HAVE HAPPENED DURING THAT TIME, BRIAN? THEY HAVE A COUPLE OF WEEK.

I MEAN, AGAIN, THAT'S, AS I'VE EXPLAINED BEFORE, WHAT THAT, THAT'S ALWAYS BEEN A DANGEROUS TERM BECAUSE PROMOTED EVENTS, YOU'RE THINKING CONCERTS AGAIN, THEY PROMOTE WHO'S GONNA BE THERE.

IT MIGHT BE A LOCAL DJ, BUT HE'S PROMOTED, THEY, THEY, HOLD, LET ME INTERRUPT YOU A SECOND.

MICHAEL, CAN YOU DEFINE PROMOTED EVENTS? GIMME A SECOND.

I'LL LOOK UP THE, UM, WHAT'S DEFINED IN THE ALCOHOL SECTION CITY CODE.

SO GIMME A, BECAUSE IF YOU'RE ASKING THIS TO, YOU KNOW, IF THE RECOMMENDATION IS TO MODIFY, TO ELIMINATE THEM, WE HAVE TO KNOW WHAT THEY ARE.

I, I ALSO HAD A QUESTION.

YOU SAID THERE HADN'T BEEN ANY VIOLATIONS EXCEPT FOR HALLOWEEN, BUT I'M LOOKING AT NOVEMBER 5TH AND I'M ALSO LOOKING AT NOVEMBER 1ST.

SO NOVEMBER 1ST IS THE HALLOWEEN ONE.

YES, THAT WAS, THAT WAS BECAUSE IT WAS AFTER MIDNIGHT.

OKAY.

OKAY.

I DON'T KNOW WHAT NOVEMBER 5TH IS OR WHAT THAT WAS.

THAT WAS, THAT WAS THE DATE THAT WAS ENTERED.

BUT IT WAS RELATED TO THE YES, IT'S THE SAME VIOLATION TO THE HALLOWEEN EVENT.

OKAY.

YEAH.

UM, SO WHAT ABOUT IMPROMPTU PROMOTIONS? IMPROMPTU PERFORMANCES? SO ARE YOU TALKING ABOUT THE, THE ITEM THAT WAS IN THE COMMISSION

[00:15:01]

YESTERDAY? NO, I DON'T KNOW.

NO, I, I DIDN'T.

OKAY.

'CAUSE THERE WAS SOMETHING ABOUT PEOPLE THAT DROP IN AND THERE'S A MODIFICATION ON THAT SECTION.

I, I, I WASN'T FAMILIAR WITH THAT.

WE, YOU KNOW, I SAW IT ON THE AGENDA YESTERDAY.

BUT WHAT THEY DO IS, AND THE WAY THE CODE READS, WHEN YOU HAVE AN ARTIST, BE IT AN APPEARANCE, A PERFORMER SCHEDULED TO COME, THEY HAVE TO NOTIFY THE POLICE 96 HOURS IN ADVANCE IF THAT.

AND WHAT HAPPENS SOMETIMES IS SOMEBODY, THEY ENTER INTO AN AGREEMENT WITHIN THE 96 HOURS, YOU'RE SUPPOSED TO NOTIFY THE POLICE BEFORE YOU ADVERTISE.

MM-HMM .

SO THEY DO THAT MOST OF THE TIME.

THEY HAVE SOMEONE IN, IN THE NINE, SIX HOUR PERIOD.

BUT WHENEVER THEY DON'T, THEY NOTIFY THE POLICE IMMEDIATELY BEFORE, UH, THERE WAS AN, THERE WAS AN ADVERTISING AT ONE POINT, I THINK IT WAS LIKE IN JUNE, THERE WAS ONE INCIDENT WHERE THE MARKETING PEOPLE BEAT THE NOTIFICATION PEOPLE BY ABOUT TWO HOURS.

AND THEY GOT A VIOLATION FOR THAT.

WE CAME AND THE MAGISTRATE AGREED THAT IT WAS A LITTLE BIT OF A CLERICAL MISTAKE AND WE SHOWED THE HUNDREDS OF TIMES WE'VE PROPERLY COMPLIED WITH IT.

AND THEY SAID, OKAY, WE ADJUDICATE SO YOU DON'T DO IT AGAIN, BUT WE'RE GONNA REMOVE THE FINE.

BECAUSE IT WAS CLEARLY A CLERICAL ERROR WITHOUT BAD INTENT.

SO THEY RELIGIOUSLY NOTIFY, I'M COPIED ON ALL THE EMAILS.

SO I SEE IT, I'VE ASKED THEM TO COPY ME TO MAKE SURE THAT I'M ON TOP OF IT, BUT THEY NOTIFY PROPERLY.

AND AGAIN, THERE'S NEVER BEEN A POLICE RELATED INCIDENT AS A RESULT OF THESE IN THEIR PROPERTY.

THEY, THEY, I KNOW THAT THERE HAVE BEEN ISSUES AT OTHER LOCATIONS, BUT THESE GUYS HAVE PROBABLY MORE THAN DOUBLED THE SECURITY.

MOST OF THESE PLACES HAVE, THEY'RE AWARE OF THE SPOTLIGHT THAT'S BEEN PUT ON THEM AND THEY'RE ACTING ACCORDINGLY.

YOU KNOW, WHEN I HAVE IN, IN MY 20 PLUS YEARS OF DOING THIS, IF I HAVE A CASE WHERE I HAVE TO COME BACK AND THERE ARE NO NEW VIOLATIONS, THE RESULT EVERY SINGLE TIME HAS BEEN OKAY, NO MORE PROGRESS REPORTS.

I, IF WE NEED TO COME BACK ANOTHER TIME, IF I'M HAPPY TO COME BACK, I, I I, I DON'T THINK IT WARRANTS MODIFYING THE CONDITIONS, WHICH WOULD EFFECTIVELY COMPLETELY CRIPPLE THEIR ABILITY TO DO BUSINESS.

THEY'RE A SMALL VENUE THEY'VE BEEN ABLE TO MANAGE.

WHY, WHY DO YOU SAY THAT? BECAUSE SINCE THEY'VE BEEN OPEN, PROMOTED EVENTS IS SOMETHING THAT THEY'VE BEEN ALLOWED TO DO.

AND THAT, THAT'S, THAT'S HOW THEY GENERATE BUSINESS.

IT'S THEIR BUSINESS MODEL.

THEY HAVE, YOU KNOW, SOMEONE THAT COMES IN, WHETHER IT'S A CELEBRITY, UH, UH, AN ARTIST, WHATEVER IT, IT'S A DJ.

THEY ANNOUNCE THAT PERSON AND THAT DRAWS PEOPLE THERE.

THEY GENERALLY SELL TABLES IN ADVANCE, WHICH IS WHY THEY LIMIT THE AMOUNT OF PEOPLE ON THE, ON WITH THE QUEUING.

THEY'VE NOW DOUBLED THEIR STAFF.

IT'S BEEN EFFECTIVE, HAD VIOLATION.

AND AGAIN, IT'S ONE THING TO SAY NO VIOLATIONS, BUT NOBODY KNEW ABOUT IT.

CODE WAS THERE ALMOST EVERY TIME THEY WERE OPEN.

IT'S EVIDENCE IN THE RECORD.

AND THEY STILL HAVEN'T HAD VIOLATIONS.

SO WHAT I WOULD REQUEST IS THAT, YOU KNOW, AGAIN, IF THEIR VIOLATIONS ARE ISSUED, I'M SURE WE'LL BE RIGHT BACK BEFORE YOU, BUT THERE, IT'S, IT'S BEEN SINCE MAY.

THERE WAS ONE AND IT WAS DUBIOUS AT BEST.

IT, WE ARE, IT'S, IT'S FEBRUARY.

I I I THINK IT'S, THIS HAS BEEN MORE THAN ENOUGH SCRUTINY ON THESE FOLKS.

THEY'VE BEEN DOING A GOOD JOB TO PENALIZE THEM BY MODIFYING THEIR ORDER TO A WAY THAT WILL CRIPPLE THEIR BUSINESS.

I JUST DON'T FIND IT WARRANTED HERE.

I I REALLY DON'T.

I'M, I'M PUZZLED WHY WE'RE IN THIS POSITION, BUT HERE WE ARE.

THEY'VE BEEN DOING EVERYTHING THEY'VE BEEN ASKED TO DO.

THE TINTING VIOLATION.

I I BRING IT UP 'CAUSE IT'S JUST PREPOSTEROUS.

THE TINTING HAD BEEN THERE FOR PROBABLY 20 YEARS.

I WAS AT AN INSPECTION WITH POLICE DEPARTMENT CODE PLANNING.

THE TINTING WAS THERE.

WE ACTUALLY POINTED OUT TO THE CONDITION.

THEY SAID IT WAS FINE.

FOUR YEARS LATER, IT'S A VIOLATION.

THEY REMOVED IT IN JULY.

THAT VIOLATION IS STILL OPEN.

I WENT TO A HEARING, IT WAS ADJUDICATED BECAUSE THE, THE POINT WAS THAT THE, THE TINTING WAS THERE WHEN WE, WHEN WE CITED YOU.

YES, IT WAS THERE.

NO ONE'S DOUBTING IT WAS THERE, BUT IT WAS INSPECTED BEFORE AND IT WASN'T AN ISSUE.

IT'S GONE NOW.

IT'S BEEN GONE SINCE JULY.

BUT IT KEEPS COMING UP AS THIS, THIS HORRIBLE VIOLATION.

IT'S, IT'S REALLY JUST KIND OF BIZARRE.

BUT AGAIN, THEY'VE BEEN UNDER A TON OF SCRUTINY.

THEY'VE WITHSTOOD IT, THEY'RE NOT, THERE HAVE NOT BEEN FIGHTS, THERE HAVE NOT BEEN ISSUES.

NO ONE'S COMPLAINING ABOUT NOISE OVER THERE.

THERE'S NOT BEEN ONE NOISE VIOLATION.

IT'S A QUEUING VIOLATION ON HALLOWEEN NIGHT UNDER VERY DUBIOUS CIRCUMSTANCES.

I THINK YOU ALL HERE FOR THAT.

AND YOU KNOW, FRANKLY, MY BELIEF IS THAT THEY SHOULD BE LET OFF AND NOT HAVE TO BE COMING BACK.

BUT IF HE WANT US TO COME BACK, YOU KNOW, AT THE END OF THE SPRING OR WHATEVER IS APPROPRIATE, WE ARE HAPPY TO, BUT TO, TO TAKE AWAY CONDITIONS, I THINK IS OVER ONEROUS HERE.

AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU HAVE.

MIKE? YES.

SO JUST IN TERMS OF THE CODE DEFINITION FOR A PROMOTED EVENT, IT'S A, UM, THE CODE SAYS A PROMOTED EVENT OR CONCERT SHALL MEAN ANY LIVE MUSICAL PERFORMANCE OR LIVE ENTERTAINMENT IN WHICH AN ENTERTAINER IS ADVERTISED OR MARKETED TO PERFORM AT AN ALCOHOLIC BEVERAGE ESTABLISHMENT.

AND AGAIN, THAT'S ALMOST EVERY NIGHT.

THEY'RE OPEN.

THERE'S, THERE'S, IF A LOCAL DJ IS ADVERTISED, THAT'S A PROMOTED EVENT.

IF IT'S AN ARTIST THAT THAT IS COMING FROM ANOTHER AREA THAT'S A PROMOTED EVENT.

THE, THE CODE HAS LANGUAGE TO PROTECT.

IF, IF THE POLICE FEELS THAT A PARTICULAR ARTIST DRAWS A CROWD THAT THEY'RE NOT COMFORTABLE WITH, THEY WORK WITH THE VENUE AND THEY, YOU KNOW, ARE THERE IF NECESSARY.

IT HASN'T REALLY HAPPENED, BUT THAT'S WHAT THE CODE SECTION IS THERE FOR.

THERE'S A LAYER OF PROTECTION THAT ALREADY EXISTS.

WE FOLLOW THAT STRICTLY.

AND THAT WITH THE QUEUING PLAN THAT WE'VE SUBMITTED AND ALL THE SCRUTINY, THESE PROBLEMS HAVE BEEN SOLVED.

AND IF THERE SOME REASON SOMETHING CHANGES IN THE OPERATION AND VIOLATIONS

[00:20:01]

START BEING ISSUED, WE'LL BE BACK HERE RIGHT AWAY.

YOU ALL KNOW THAT.

BUT, BUT I THINK THESE FOLKS HAVE BEEN THROUGH ENOUGH AND THEY'VE RESPONDED QUITE WELL.

ALRIGHT.

IS ANYBODY HERE IN CHAMBERS SPEAK ON THIS ITEM? ANYBODY ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.

OKAY.

CLOSE THE PUBLIC HEARING, UH, QUESTIONS? NO, I'LL JUST, UM, UH, YOU HAVEN'T HAD ANY SPECIAL EVENTS, I GUESS IT'S JUST PROMOTED EVENTS, RIGHT? UM, YOU DON'T INTEND TO DO ANY SPECIAL EVENTS? THAT'S CORRECT.

I MEAN, I MAYBE AT THE VERY LEAST WE CAN PREVENT THAT FROM HAPPENING.

UM, I KNOW THAT THE, UH, YOU KNOW, THE QUEUING WAS A PROBLEM.

UM, IS IT, I DON'T KNOW.

I I MEAN, I'M NOT, I DON'T DRIVE BY THERE TWO IN THE MORNING WHEN I GUESS YOU GUYS ARE BUSY.

UM, YOU KNOW, I, I, I, UM, I I MEAN AT THE VERY LEAST, I I WOULDN'T WANNA, UM, UM, UH, CLOSE THIS.

I'D WANT TO KEEP, YOU KNOW, HAVE IT SET, I MEAN, KEEP THE, THE HEARING OPEN FOR A FUTURE DATE.

I WOULD WANNA CLOSE IT.

UM, BUT I'M, I MEAN, I'M, I'M OPEN TO HEAR WHAT THE REST OF THE BOARD HAS TO SAY ON THIS.

UM, I JUST DON'T THINK IT'S SOMETHING I FEEL COMFORTABLE JUST SORT OF LETTING GO AND OKAY, YOU'RE FREE TO GO.

HOPEFULLY IT DOESN'T HAPPEN AGAIN.

I'D LIKE TO KEEP IT OPEN JUST FROM SOME OF THE HISTORY.

I DON'T, I I THINK WE NEED TO BE CONSISTENT AS A BOARD, UH, WITH THE WAY THAT WE ADDRESS VIOLATIONS.

I THINK WE'VE, I DON'T THINK, YOU KNOW, IT'S FAIR TO, YOU KNOW, PICK FAVORITES AND JUST BECAUSE SOMEBODY INVESTED A LOT MORE MONEY IN A SPACE THAN SOMEBODY ELSE MEANS THAT THEY GET, CAN, THEY GET A LOT MORE CHANCES TO, TO, YOU KNOW, FIX IT UP AND, AND, YOU KNOW, MAKE CHANGES.

AND SO AFTER A VIOLATION.

SO I THINK THEY'VE CLEARLY COME HERE IN GOOD FAITH.

UM, AND THEY'VE, YOU KNOW, MADE THE CHANGES THAT HAVE BEEN, THAT HAVE BEEN ABLE TO PUT THEM IN COMPLIANCE.

I'M IMPRESSED WITH THE AMOUNT OF CODE ENFORCEMENT, YOU KNOW, UH, SURVEYS THAT HAVE BEEN DONE WHERE THERE'S BEEN NOTHING FOUND.

YOU KNOW? UH, AND IF, IF IT'S SOMETHING THAT THE PLANNING BOARD WANTS TO TAKE AWAY, PROMOTED EVENTS FOR EVERYBODY, ALL NIGHTCLUBS, I THINK THAT'LL BE, YOU KNOW, OBVIOUSLY CRIPPLING FOR THE ENTIRE, YOU KNOW, ALL OF MIAMI BEACH.

SO I JUST DON'T THINK THAT THIS IS, RIGHT NOW, I DON'T THINK IT MAKES SENSE BASED ON THIS.

UM, AND SO, UH, I WOULD JUST, AND, AND IN TERMS OF LEAVING IT OPEN, YOU KNOW, SO JUST LOGISTICALLY SPEAKING, WHAT WOULD THAT DO? YOU KNOW, LEAVE IT OPEN FOR ANOTHER 60 DAYS.

IT, IT, YOU KNOW, WE'RE STILL RELYING ON THE SAME CODE ENFORCEMENT OFFICERS TO GO AND DO THEIR RANDOM CHECKS.

IF THERE'S ANOTHER VIOLATION, THEN I GUESS IT MAKES IT A LITTLE BIT EASIER FOR US TO MODIFY THE, OR REVOKE, UH, THEIR CUP.

BUT IF THEY WERE TO, IF WE WERE TO, BUT THEY'RE, THAT ALSO REQUIRES THEM TO CONTINUE HAVING TO PAY A LAWYER TO, TO COME BACK HERE, UH, AND, YOU KNOW, STAY INVOLVED IN THIS WHEN THE ONLY REAL DIFFERENCE IS THAT, I GUESS WHEN, IF THEY DO HAVE A FUTURE VIOLATION, IT WOULD BE, I GUESS A 30 DAY NOTICE THAT THEY HAVE TO COME AND APPEAR BEFORE US FOR A STATUS REPORT AND THEN ANOTHER 30 DAYS FOR A REVOKE REVOCATION MODIFICATION.

AND SO AT THE END OF THE DAY, IT'S NOT, AND I, I SHOULD POINT OUT, THERE'S NO EXTREME TIME SENSITIVITY BECAUSE THERE'S NO NEIGHBORS WHO ARE COMPLAINING ABOUT THIS.

UH, REALLY NOBODY'S COMPLAINING ABOUT THIS.

SO I JUST WANT TO POINT THOSE THINGS OUT.

I I, I'M IN FAVOR OF CLOSING THIS OUT AND I APPRECIATE THAT THEY'RE WORKING TO INCREASE SECURITY AND CHANGE THEIR, THEIR QUEUING PLAN.

UH, AND IT SEEMS LIKE IT'S, IT'S PROVEN SUFFICIENT, OBVIOUSLY.

WE'LL, YOU KNOW, WE'LL BE BACK AND IF IT'S NOT, AND WE HAVE THE HISTORY OF WHAT HAPPENED, YOU KNOW, IF THEY'RE BACK AND, BUT I HOPE THEY'RE NOT.

UM, COUPLE QUESTIONS.

WHAT'S THE PROCESS FOR REQUESTING A SPECIAL EVENT? IT'S DONE TO THE SPECIAL EVENTS DEPARTMENT.

USUALLY THAT'S TO EXCEED, FOR EXAMPLE, THE OCCUPANCY LIMITS.

MM-HMM .

AND THAT REQUIRES A PERMIT, CORRECT.

SPECIAL EVENT PERMIT.

RIGHT.

HAVE YOU GUYS HAD SPECIAL EVENTS? TO MY KNOWLEDGE, NO.

WHAT THAT DOES IS IT'S, IT YOU INCREASE OCCUPANT LOAD, YOU GET EXTRA VALET OPERATORS, WHICH YOU'VE NEVER HAD.

SO ANY OF THE PREVIOUS VIOLATIONS HAVE HAPPENED.

JUST NO, BUT MEANING JUST IN THE NORMAL COURSE OF BUSINESS.

BUT THAT'S WHAT YOU'VE ALL CORRECTED.

IT'S NOT LIKE IT HAPPENED DURING A SPECIAL EVENT.

CORRECT.

TO YOUR, TO MY KNOWLEDGE, THERE'VE BEEN NO SPECIAL EVENTS.

THAT'S PART OF THE CODE DEFINITION.

TO YOUR KNOWLEDGE THOUGH, CAN YOU VERIFY ONE OR THE OTHER? YEAH, I MEAN, AGAIN, I, IT'S NEVER COME UP.

I, I CAN

[00:25:01]

ALMOST CERTAINLY TELL YOU THAT THERE HAVEN'T BEEN, I MEAN, I'M, YEAH, I JUST WOULD LIKE A YEAH, I A YES OR A NO.

I, I'M GONNA SAY NO WITH THE THERE MAY, IF THERE'S ONE THREE YEARS AGO, I DON'T KNOW ABOUT, IT'S NEVER BEEN SOMETHING THAT WE'VE DISCUSSED.

I DON'T BELIEVE THEY'VE EVER HAD ONE.

SO, SO I'D BE IN FAVOR OF KEEPING, UH, THE SECURITY CHANGE IN HERE, KEEPING THE ADDITION, UH, OF THE SPECIAL EVENTS PROHIBITION, CONTINUING THIS TO APRIL.

'CAUSE THEN YOU HAVE THE WHOLE SPRING BREAK.

I MEAN, IF THERE ARE NO ISSUES AFTER THAT PERIOD OF TIME, THEN YOU GUYS HAVE REALLY JUST HIT OUT THE PARK.

RIGHT.

I MEAN, SO I, THAT, THAT'S KIND OF MY PERSONAL SENTIMENT.

THEN WE TAKE IT FROM THERE.

I, I AGREE WITH THAT.

GOOD.

MELISSA? UM, I'M GONNA, SAME WAY AS JONATHAN.

I, I THINK THAT, UH, THE CONCERNS HAVE BEEN ADDRESSED.

UH, WE HAVEN'T HAD ANY MORE HISTORY OF COMPLAINTS NEITHER FROM NEIGHBORS OR, OR FROM CODE COMPLIANCE.

UM, I FEEL THAT IF YOU GUYS VIOLATE, YOU'LL BE BACK HERE.

AND I THINK THAT HOLDING THE, UH, BUSINESS, UH, UM, HOLDING THE, UH, LAWYERS ON A PAYROLL RIGHT NOW FOR SOMETHING THAT'S BEEN ADDRESSED IN FIXES IS NOT NECESSARY.

SO I, I THINK THAT, UH, YOU GUYS HAVE DONE THE CHANGES YOU NEED TO DO.

AND, UH, YOU'LL BE HELD ACCOUNTABLE IF THINGS CHANGE.

ELIZABETH.

HI.

UM, I APPRECIATE THAT Y'ALL HAVE MADE ALL THE, THE APPROPRIATE COMMENDATIONS, BUT I'M, I'M GONNA SIDE WITH MICHELLE AND, AND, UH, VOTE TO KEEP THIS OPEN AND, UH, PROHIBITION ON SPECIAL EVENTS.

AND, UM, I'M ACTUALLY GONNA ADD IN THE PROMOTED EVENTS OF ANY KIND.

I'M, I'M GONNA GO WITH STAFF ON THIS.

I THINK THAT, UH, IF IT COMES BACK IN APRIL AND THINGS HAVE GONE WELL, THERE HAVE BEEN NO ISSUES AFTER SPRING BREAK AND THINGS LIKE THAT, I THINK WE CAN LOOK AT IT AGAIN, BUT THAT'S MY, MY POSITION.

OKAY.

UM, AND I HAVE, SOMEONE'S GOTTA MAKE A MOTION.

WE'LL SEE IF IT PASSES.

SO I'LL MAKE A MOTION TO, UM, TO, UM, NO CONTINUANCE.

I WOULD, I WOULD, UM, NO NEED FOR CONTINUANCE.

I WOULD BASICALLY, IT'LL BE TO JUST, UM, UM, TO CONCLUDE THE, THE REVOCATION MODIFICATION HEARING AT THIS TIME.

CORRECT.

WITH NO FURTHER CHANGES.

CORRECT.

SECOND.

OKAY.

I THINK SHOULD CALL ROLLED UP.

WAS THERE, WAS THERE A SECOND ON THAT? YEAH, JOHN, ME, JONATHAN.

SO I'LL DO THE ROLL CALL.

UM, MR. FRIEDEN? YES.

MR. LATON? NO.

MR. EDELMAN? NO.

NO.

MS. BEATY? YES.

MR. CEMENT? NO.

MR. LIVE? YEAH.

I'M GONNA GO NO AS WELL.

SO THAT MOTION FAILS.

SO YOU SHALL, WILL YOU MAKE ANOTHER MOTION? SO I WILL MAKE A MOTION TO CONTINUE THIS ITEM TO THE APRIL MEETING TO INCLUDE THE SECURITY, UH, ADDITION TO INCLUDE, UM, SPECIAL EVENTS PROHIBITION, BUT TO STRIKE OUT THE PROMOTE EVENTS PROHIBITION FOR A SECOND.

ON THAT, I'LL SECOND IT.

ALL IN FAVOR OF THAT MOTION? AYE.

AYE.

AYE.

ANY OPPOSED? ANYONE OPPOSED? OKAY.

THANK YOU.

ALRIGHT, I'M PROMISED.

WELL, YOU AND APRIL.

ALRIGHT, THAT FELT GOOD TO START THE DAY.

THIS JUST TO CLEAR, CLEAR THIS YOU GUYS IN APRIL, HOPEFULLY VERY SHORT .

ALRIGHT, TO BE CLEAR, THIS WAS TO CONTINUE TO THE APRIL 8TH MEETING, RIGHT? YES.

AND MICKEY, JUST SO YOU KNOW, THIS IS JUST, THIS IS FOR THE PUBLIC'S SAFETY BENEFIT.

ALRIGHTY.

UH, NEXT IS PLANNING

[15. PB23-0609. a.k.a. PB File No. 2279. 1716 - 1750 Alton Road. Palomar Hotel]

BOARD FILE 23 0 6 0 9, UM, 17 16, 17 50 ALTON ROAD, THE PALMORE HOTEL.

AND THIS STAFF REPORT BEGINS ON PAGE 37 OF THE BOARD PACKAGES.

UM, BACK ON DECEMBER, ALMOST, UM, 10 YEARS AGO, ON DECEMBER 15TH, 2015, THE PLANNING BOARD GRANTED A CUP FOR A NEW HOTEL EXCEEDING 50,000 SQUARE FEET AND INCLUDING MECHANICAL PARKING GARAGE AND ACCESSORY RESTAURANT.

AS PART OF THAT APPROVAL, UM, THEY WERE INCLUDED A CONDITION THAT THE POOL DECK, UM, AND, UH, YEAH, THE ROOFTOP POOL DECK SHALL ONLY BE LIMITED TO THE USE OF THE, THE HOTEL GUEST AND THEIR INVITEES.

THE APPLICANT IS NOW REQUESTING TO MODIFY THAT CONDITION INTO, IN ORDER TO ALLOW OPENING UP OF THE POOL DECK IN COMBINATION WITH THE RESTAURANT ON THE GROUND FLOOR, AND MAKE IT OPEN TO THE PUBLIC.

NOW WE ORDER IN THE STAFF REPORT.

WHEN THIS APPLICATION FIRST CAME BEFORE THE BOARD BACK IN 2015, WE HAD RECOMMENDED THAT THE POOL DECK OR THE ROOFTOP DECK CLOSE AT, UH, 10:00 PM EVEN FOR HOTEL GUESTS.

UM, THE COP THAT WAS ULTIMATELY APPROVED BY THE BOARD

[00:30:01]

ALLOWED THEM TO OPERATE THE POOL DECK, UM, UM, UNTIL MIDNIGHT.

SO WE ARE RECOMMENDING THAT AS PART OF THIS, UM, CHANGE IN OPERATION, WHICH DOES SUBSTANTIALLY INCREASE THE OCCUPANCY AT THE, AT THE ROOFTOP, THAT THE, THE POOL DECK BE CLOSED, UM, BOTH TO MEMBERS OF THE PUBLIC AND HOTEL GUEST, UM, FROM 10:00 PM TO 7:00 AM NIGHTLY IN ORDER TO MINIMIZE IMPACTS ON THE, UM, THE, THE SURROUNDING NEIGHBORHOOD.

NOW, AS PART OF THE ANY SORT OF, UM, THE BOARD VOTE DOES VOTE TO APPROVE THE COP TODAY, WHILE RECOMMENDING SOME ADDITIONAL CONDITIONS THAT WERE NOT IN THE STAFF REPORT, INCLUDING, UM, CONDITION THAT MUSIC SHALL NOT BE PLAIN AUDIBLE IN DISTANCE OF 100 FEET OR MORE FROM THE BOUNDARIES OF, OF THE SUBJECT PROPERTY.

WE'RE RECOMMENDING THAT THERE BE NO ALCOHOL SERVICE FROM THE EXISTING ROOFTOP BAR.

NOW THERE'S SOME, UM, AMBIGUITY IN TERMS OF WHEN THAT BAR WAS ACTUALLY APPROVED.

THIS PROJECT WAS APPROVED AROUND THE TIME THAT, UM, THERE WAS A, A MODIFICATION TO THIS ALTERNATE ROAD CORRIDOR.

AND THAT INCLUDED SEVERAL CODE MODIFICATIONS INCLUDING THE, THE PROHIBITION OF, UM, ROOF OF, UM, OUTDOOR BAR COUNTERS.

SO RECOMMENDING, ESPECIALLY WITH OPENING UP THIS UP TO THE PUBLIC, THAT THERE BE NO ALCOHOL SERVICE AT THAT ROOFTOP BAR.

UM, WE'RE RECOMMENDING CONDITIONS, WHICH I THINK THE APPLICANT WILL ALSO HAND OUT SOME MODIFIED CONDITIONS THAT THEY AGREE WITH TO ENSURE THAT ANY SORT OF, UM, ROOFTOP RESTAURANT USE IS ASSOCIATED WITH THE, UM, THE GROUND FLOOR RESTAURANT USE.

BECAUSE THE CODE IN THIS AREA DOES ALSO PROHIBIT OR ONLY ALLOW ACTIVATION OF ROOFTOP USES IN ASSOCIATION WITH A, A BONAFIDE RESTAURANT.

SO WE ARE RECOMMENDING THAT THERE BE CONDITIONS TO INCLUDE THAT THIS, UM, ROOFTOP USE BE ASSOCIATED AND COMBINED ONLY WITH THE GROUND FLOOR RESTAURANT.

AND THIS SHOULD NOT BECOME A STANDALONE, UH, SEPARATE ALCOHOLIC, UM, BEVERAGE ESTABLISHMENT WITHOUT TURN OVER TO THE APPLICANT FOR THEIR REAL QUICK, MICHAEL, WHAT IS THE, WHAT'S THE CLOSEST RESIDENTIAL BUILDING TO THAT, TO THE PALMORE? IS IT SUNSET HARBOR TOWERS? NO, THERE'S, THERE'S, UM, PROBABLY THE, UM, THE PALM VIEW NEIGHBORHOOD, WHICH IS IMMEDIATELY ACROSS ALTON ROAD TO THE EAST.

YOU HAVE THE COMMERCIAL BUILDINGS ALONG ALTON ROAD ON THE EAST SIDE, AND THEN YOU HAVE IMMEDIATELY TO THE RIGHT.

SO DO YOU KNOW THE DISTANCE OF THE CLOSEST? IT'S OVER A HUNDRED FEET.

IT'S OVER A HUNDRED FEET.

OKAY, MICKEY, LONG TIME.

NO SEE, GOOD MORNING AGAIN.

MICKEY MARRERO, 200 SOUTH BISCAYNE BOULEVARD, UH, BURKE, CAOL, FERNANDEZ LARK AND TAMPONS.

YOU SHOULD CHANGE YOUR TIRE OR SOMETHING.

IF I WOULD'VE HAD ONE ITEM IN BETWEEN, I COULD'VE PULLED IT OFF, BUT, YOU KNOW, IT'S TOUGH.

IT'S TOUGH WITH THREE SECONDS.

UH, WITH ME TODAY, MY PARTNER EMILY BALTER, BY THE WAY, OUR NEWLY APPOINTED PARTNER, CONGRAT, IF YOU WANNA GIVE HER AROUND APPLAUSE, CONGRATULATIONS.

AND, UH, MY PARTNER, MICHAEL LARKIN, WHO JUST GOT MARRIED THIS WEEKEND, IF YOU WANNA GIVE HIM ANOTHER ROUND OF APPLAUSE, I DID NOTHING EXCITING AT ALL.

BIRTHDAY PARTY, MY CONDOLENCES TO YOUR HUSBAND.

SORRY.

I WENT TO A 4-YEAR-OLD BIRTHDAY PARTY.

NOTHING EXCITING FOR ME THIS WEEKEND WITH ME TODAY.

ALSO, RONNIE VAR, THE OWNER OF THE PAL MAR HOTEL, AND NICHOLAS STELLI, THE OWNER OF MAIA AND THE RESTAURANT THAT'S COMING INTO, TO THE SPACE.

SO EMILY'S GONNA PASS OUT SOME CONDITIONS THAT WE, AND I'LL GET TO THOSE.

YOU CAN LOOK AT THOSE WHILE WE'RE TALKING, BUT I'LL GET TO THOSE TOWARDS THE END.

BUT I'LL TELL YOU A LITTLE BIT OF THE HISTORY.

I THINK SOME OF YOU MAY HAVE EVEN BEEN HERE.

BRIAN, I'M TALKING TO YOU.

WHEN THIS WAS ORIGINALLY APPROVED, UM, IT, THIS WAS A PROJECT THAT ACTUALLY REPLACED THE BOSTON MARKET THAT WAS THERE.

YOU ALL REMEMBER, UH, OBVIOUSLY MUCH DIFFERENT USE.

WE WENT THROUGH A PRETTY ROBUST A, UH, APPLICATION PROCESS MANY YEARS AGO.

IT'S BEEN OPEN FOR OVER FIVE YEARS AND HAS MOSTLY RUN A PRETTY GREAT OPERATION.

UM, THE HOTEL'S BEEN VERY SUCCESSFUL.

IT'S A KIM BRAND HOTEL IN THE GROUND FLOOR.

AS YOU'LL RECALL, FOR MANY YEARS, THEY HAD A, IT'S AN ITALIAN RESTAURANT CALLED MARINI, WHICH DID WELL FOR A WHILE.

O OBVIOUSLY, YOU KNOW, DID NOT, DID NOT STAY THERE.

AND THE SPACE HAS BEEN VACANT FOR A LITTLE OVER A YEAR.

RONNIE'S BEEN WORKING, UH, FOR SOME TIME.

IF YOU JUST WANNA START, SOMETIMES I GET AHEAD OF MY LITTLE PRESENTATIONS HERE, BUT IF YOU COULD START MOVING THE SLIDES OVER, EMILY.

GREAT.

JUST KINDA SHOWS YOU WHERE IT IS.

I THINK YOU'VE ALL SEEN THE HOTEL EVERY DAY FOR THE LAST FIVE OR SIX YEARS.

UM, THAT'S WHERE WE ARE IN THE NEIGHBORHOOD.

THAT'S SOME PICTURES OF THE ROOFTOP, THAT'S SPACE THAT EXISTS.

UH, SO THIS APPROVAL WAS OBTAINED AT THE TIME.

THERE WAS NO INTENTION, YOU KNOW, THE, THE, THE GROUND FLOOR OPERATOR DID NOT SEEK USE OF THE ROOF.

UM, WE DID NOT SEEK AN APPROVAL FOR ANYTHING ON THE ROOF OTHER THAN, UH, THE, THE, THE POOL FOR THE HOTEL GUESTS.

SO THAT'S ALL WE ASKED FOR.

AND THAT'S HOW IT'S BEEN OPERATING.

UH, THE OPPORTUNITY OF DOING SOMETHING DIFFERENT UP HERE HAS BEEN DISCUSSED BEFORE AND WE ALWAYS KNEW WE HAD TO INCORPORATE THE RESTAURANT OPERATOR.

SO WHEN WE APPLIED ORIGINALLY FOR THIS, RE WAS STILL INVOLVED.

IT'S KIND OF THIS APP.

YOU'VE PROBABLY SEEN THIS APPLICATION ON THE AGENDA MANY TIMES 'CAUSE IT'S BEEN CONTINUED.

AS RONNIE WAS TRYING TO FIND THE RIGHT PARTNER, HE FOUND THAT PARTNER IN NICK AND HIS GROUP.

AND NOW WE'VE BROUGHT THIS BACKBOARD BEFORE YOU, UM, WHICH YOU COULD MOVE PAST.

SO HERE'S THE CONDITION THAT WE'RE SEEKING TO MODIFY, UH, THE ROOFTOP POOL DECK TO BE LIMITED EXCLUSIVELY TO HOTEL GUESTS.

THAT'S, THAT'S THE INTENTION BEFORE.

UM, NOW WE'RE ACT TRYING TO BRING THE RESTAURANT COMPONENT UP HERE.

AND HERE'S THE, UH, CONDITION.

THE, THE, THE CONDITIONS

[00:35:01]

IN THE ALTERNATE ROAD REGULATIONS THAT ALREADY LIMIT USES THAT COULD HAPPEN UP HERE.

THERE'S, YOU KNOW, MOST RESTAURANTS CAN OPEN PAST MIDNIGHT IN OTHER LOCATIONS OF THE CITY HERE.

THE CODE ALREADY LIMITS YOU TO 11:00 PM ON WEEKDAYS, MIDNIGHT ON WEEKENDS.

WE'RE NOT SEEKING A VARIANCE OR ANYTHING BEYOND THOSE HOURS.

UM, NO NEW OUTDOOR BAR COUNTERS CAN BE PUT ON THE ROOF AND NO SPECIAL EVENTS PERMITS CAN BE ISSUED AT THIS LOCATION.

WE'RE NOT SEEKING TO MODIFY ANY OF THAT.

THERE'S A LITTLE BIT OF A DISCUSSION ON THE OUTDOOR BAR COUNTER, WHICH I'LL GET INTO LATER.

SO I, I'M GONNA BRIEFLY TALK ABOUT NICK AND I'M GONNA LET HIM SPEAK TO YOU GUYS WHEN I CONCLUDE.

BUT NICK IS A, I'VE GOTTEN TO KNOW HIM VERY WELL OVER THE LAST MONTH OVER IN THIS PROCESS.

NICK IS A VETERAN RESTAURANT OPERATOR.

HE'S WORKED WITH COUNTLESS, UH, GREAT RESTAURANTS IN THE COUNTRY.

ONE THAT I KNOW EVERYBODY WILL RECOGNIZE.

THOMAS KELLER'S FRENCH LAUNDRY.

HE GOT, HE'S GOT HIS CHOPS THERE.

HE OPENED SEVERAL RESTAURANTS IN THE DC AREA.

HIS MOST WELL-KNOWN RESTAURANT IS MASIA, WHICH IS THE CONCEPT, YOU KNOW, THAT SHOULD BE COMING HERE.

UM, MASIA HAS BEEN GIVEN A MICHELIN STAR AS A RESTAURANT.

IT CONTINUES TO HAVE THAT RECOGNITION.

IT HAS BEEN AT DIFFERENT TIMES TOP 50, UH, ITALIAN RESTAURANTS IN THE COUNTRY.

I THINK AT ONE POINT, TOP 12 IN THE WORLD.

THOSE LISTS ARE A LITTLE BIT, YOU KNOW, DUBIOUS, BUT AT SOMETIMES THEY GET RECOGNIZED SO MANY TIMES AND HAVE A MICHELIN STAR IS CERTAINLY SOMETHING THAT, THAT IS IMPORTANT.

SO WE'RE, WE'RE THRILLED TO HAVE NICK AS PART OF THE TEAM WHEN WE WERE LOOKING AT THE SPACE.

NICK THOUGHT IT WOULD BE ASHAMED TO NOT TAKE ADVANTAGE OF THE ROOFTOP VIEWS AND THE GREAT WEATHER THAT HE DOESN'T ALWAYS GET IN DC BUT HE HOPES TO GET IN MIAMI, BY THE WAY, HE'S MOVING TO THE WEST AVENUE NEIGHBORHOOD.

HE WILL BE A, NOT JUST AN OPERATOR AND AN OWNER HERE, BUT HE WILL BE A RESIDENT OF THE COMMUNITY.

AND, AND THAT'S SOMETHING HE'S EXCITED ABOUT AS WELL.

A SAMPLE, THIS IS IN YOUR PACKET, BUT JUST SO YOU CAN SEE WHAT THE MENU OF THIS RESTAURANT'S GONNA LOOK LIKE.

UM, I DUNNO IF YOU'VE ALL SEEN IT, I'M NOT GONNA GO INTO THE WHOLE MENU, BUT IT'S, IT'S A VERY LEGITIMATE AND UH, UH, HERALDED RESTAURANT MENU.

YOU, SO I'M GONNA LET NICK COME UP AND GIVE YOU A LITTLE BIT OF HIS STORY AND WHY HE WANTS TO BE HERE.

AND WHEN HE CONCLUDES, I'D LIKE TO GO INTO THE PROPOSED CONDITIONS THAT WE'VE SHARED WITH YOU AND THE DISCUSSIONS THAT WE'VE HAD WITH SEVERAL OF THE NEIGHBORHOOD GROUPS OVER THE LAST SEVERAL WEEKS.

UM, AND THEN AND CONCLUDE WITH THAT.

SO NICK, IF YOU MICKEY, ONE SECOND.

I'M, I'M LOOKING AT THE PROPOSED CONDITIONAL USE PERMIT.

YES.

AND, AND YOU HAD UP ON THE SCREEN I ITEM SEVEN THAT PERTAINED TO THE ROOFTOP.

AND MAYBE I'M MISSING SOMETHING, BUT THE, THE SEVEN ON PAGE 50 DOESN'T MATCH THAT NUMBER.

AM I LOOKING AT THE RIGHT ONE? GO, JUST GO BACK A CO SO THE NE THE NEXT ONE AFTER THAT THERE, THAT'S FROM THE CODE.

OH, THAT'S NOT FROM THE CP.

OKAY.

YEAH.

OKAY.

ALRIGHT.

HELLO EVERYBODY.

UM, SO WE'RE SUPER EXCITED TO BE COMING DOWN HERE AND WHEN I MET RONNIE AND WE SAW THE WHOLE SPACE, WE WANTED TO BE ABLE TO COMPLETELY BRING OUR HOSPITALITY INTO THE WHOLE ENTIRE BUILDING.

SO NOW WE'RE PROPOSING BEFORE YOU WHAT WE'RE GONNA BE ABLE TO DO.

AND, UM, FROM THE RESTAURANT FOR WHAT WE'RE GOING TO BE RUNNING DOWNSTAIRS ON THE GROUND FLOOR, BEING ABLE TO CONTINUE EVERYTHING THROUGHOUT THE WHOLE ENTIRE BUILDING GOING INTO THE ROOFTOP AND TAKE ADVANTAGE OF WHAT THAT ROOFTOP DOES OFFER FROM A SUNSET AND EXPERIENCE STANDPOINT TO THE GUEST.

SO FOR US, IT'S, WE'RE A DINNER ONLY RESTAURANT, SO THE WHOLE PREMISE OF WHAT'S GOING ON PRE DINNER OR POST DINNER, WHETHER YOU'RE COMING IN TO HAVE A COCKTAIL WITH US BEFORE, HAVE SNACKS DURING THE EVENING, EAT ON THE ROOF, OR BE ABLE TO COME IN AFTERWARDS AND HAVE DESSERT UPSTAIRS AND JUST CONTINUE THE EVENING UNTIL 11:00 PM OR MIDNIGHT.

WHEN WE DO CLOSE DOWN MASORI IN DC WE DO HAVE A COURTYARD THAT'S OUTSIDE WHERE OUR EXPERIENCE IS KIND OF SPLIT INTO KIND OF THREE PIECES AS YOU ARRIVE AND THEN AS YOU FINISH, AS YOU GO THROUGH THE MEAL.

SO THAT EXPERIENCE IS WHAT WE'RE TRYING TO REPLICATE, BUT IT'S DIFFERENT BECAUSE OF WHERE WE ARE IN OUR LOCATION IN THIS BUILDING HERE AND, AND ON THE BEACH.

SO, OKAY.

ANYONE ELSE ON YOUR TEAM? OKAY, SO IF YOU HAVE ANY QUESTIONS FOR, FOR NICK OR RONNIE.

YEAH, WE'LL GET TO THAT BOTH HERE.

LET'S OPEN A PUBLIC HEARING.

WHAT I'D LIKE TO GET INTO THE, THE CONDITIONS I'M SORRY, GO AHEAD.

I THOUGHT YOU WERE FINISHED.

SO WE'RE HAPPY STAFF'S RECOMMENDING APPROVAL.

WE HAVE TWO CONDITIONS.

WE HAVE TWO CONDITIONS THAT ARE IN STAFF'S PROPOSAL THAT WE WANTED TO MODIFY.

UM, THE, IN MY HANDOUT THAT I PROVIDED, FOUR I IS THE FIRST ONE STAFF IS RECOMMENDING THAT THE RESTAURANT CLOSE AT 10:00 PM ON THE ROOF.

FOR US, THAT'S, THAT'S AN ISSUE.

AGAIN, THERE'S ALREADY 11:00 PM IN PLACE ON THE WEEKDAYS, MIDNIGHT ON THE WEEKENDS, THAT'S STRICTER THAN WHAT'S THROUGHOUT THE CITY.

AND WE'RE FINE WITH THOSE HOURS.

UH, BUT, BUT WE THINK 10:00 PM DOESN'T WORK, FRANKLY, WHEN YOU'RE SEATING FOLKS AT A RESTAURANT OR SERVING, IF YOU ARE CLOSING AT 10, YOU PROBABLY CAN'T SEAT ANYBODY PAST EIGHT, MAYBE NINE O'CLOCK, BECAUSE YOU'RE GONNA HAVE TO GET 'EM OUTTA THERE BY 10.

AND IT'S JUST NOT THE, THE, THE, THE CONCEPT THAT NICK WOULD LIKE TO HAVE BY HAVING AN EXTRA HOUR ON THE WEEKDAYS AND JUST MIDNIGHT ON, YOU KNOW, TWO NIGHTS A WEEK IN THE WEEKEND.

IT ALLOWS FOR A LITTLE BIT MORE BRE, YOU KNOW, ROOM ON AS TO HOW YOU PROCESS FOLKS AND GET FOLKS, UH, SEATED AND, AND SERVED.

THEN STAFF RECOMMENDED,

[00:40:01]

AND I, I, WE, WE CHAT TO MICHAEL.

I DON'T BELIEVE YOU HEARD BACK.

I THINK THIS WAS AN ERROR, BUT, UH, FOUR END SAID NO ENTER ENTERTAINMENT IN ALL INDOOR AND OUTDOOR AREAS.

THE INDOOR, WE'RE HAPPY TO HAVE NO ENTERTAINMENT IN THE OUTDOOR.

WE'RE NOT SEEKING ENTERTAINMENT IN THE OUTDOOR, NOTHING OUT, UH, OUTSIDE ENTERTAINMENT.

BUT INDOOR NOT, WHILE IT'S NOT SOMETHING THAT WE HAVE REGULARLY, MARINI OCCASIONALLY WOULD HAVE, YOU KNOW, PIANO PLAYER OR LIKE SOME SORT OF JAZZ PERFORMANCE THAT NEVER BOTHERED ANYONE.

HE'D LIKE THE OPPORTUNITY TO HAVE THAT.

SO WE'D LIKE THE ABILITY TO HAVE ENTERTAINMENT.

AGAIN, IT'S AN ITALIAN RESTAURANT, THIS IS NOT GONNA BE A CRAZY NIGHTCLUB, BUT, YOU KNOW, LIVE PERFORMANCE, SOME INSTRUMENTS, SOME JAZZ MUSIC.

IT WOULD BE A SHAME NOT TO HAVE THAT IN THE INDOORS.

WELL, I DON'T THINK ANYBODY HAS AN ISSUE WITH IT.

SO WE WERE HOPING JUST TO REMOVE THE INDOOR FROM THAT, UH, FOR ADDITIONAL CONDITIONS THAT WE CAME UP WITH OVER THE WEEKEND AFTER OUR DISCUSSIONS WITH SEVERAL OF THE NEIGHBORHOOD GROUPS.

UM, AND I KNOW THAT, YOU KNOW, PALM VIEW, WE'VE HAD A VERY ROBUST DISCUSSION WITH THEM.

WE DON'T AGREE ON EVERYTHING, BUT I TRIED TO COME UP WITH CONDITIONS THAT, THAT ADDRESS THEIR CONCERNS AND OTHER CONCERNS THAT WE HEARD AND WORK FOR US.

I'LL GO OVER THESE.

UH, THE USE OF THE POOL AND POOL AMENITIES SHALL BE SOLELY LIMITED TO HOTEL GUESTS AT THE PAL MAR AT 1750 ALTON ROAD AND THEIR INVITEES.

WE HEARD FROM, UH, SOME FOLKS IN, UH, THAT, THAT MR. KIN HAD HAD SPOKEN TO, UH, FROM SUNSET HARBOR THAT THERE WAS A CONCERN THAT THE 1790 PROJECT WILL BE BRINGING FOLKS OVER TO 1750 TO USE THE POOL OF AMENITIES.

IT'S NEVER BEEN IN OUR PLAN, BUT I WENT AHEAD AND PUT A CONDITION IN THERE TO ADDRESS THAT CONCERN.

UH, THE NEXT ONE, ONE OF THE, ONE OF THE CONCERNS WE HEARD IS, WE REALLY LIKE YOUR OPERATOR.

WE REALLY LIKE THIS RESTAURANT AND WE GET, YOU KNOW, IF WE GIVE YOU THIS ROOFTOP, WHAT IF HE DOESN'T WORK OUT AND SOMEBODY ELSE COMES IN AND THEY'RE A PROBLEM? SO THE CONDITION WE CAME UP WITH TO ADDRESS THAT WAS IF THIS OPERATOR MEETING NICK AND HIS RESTAURANT CHOOSE TO, TO LEAVE THE SPACE, THE ROOFTOP WOULD THEN HAVE TO CLOSE TO THE PUBLIC UNTIL WE COME BACK WITH A NEW OPERATOR.

SO WE COULDN'T JUST REPLACE HIM WITH A LESS DESIRABLE OPERATOR WITHOUT COMING TO YOU ALL.

AND IT WOULDN'T BE JUST THAT WE HAVE TO COME BACK, WE WOULD CLOSE THAT ROOF TO THE PUBLIC UNTIL WE GET AN APPROVAL THIRD AT ALL TIMES THAT THE ROOFTOP IS OPEN TO THE PUBLIC, A RESTAURANT MENU WILL BE AVAILABLE.

THAT'S JUST A, YOU KNOW, THERE WAS SOME CONCERN THAT THIS IS REALLY GONNA BE A BAR.

IT'S ABSOLUTELY NOT GONNA BE JUST A BAR, IT'S GONNA BE A RESTAURANT, BUT WE WANT TO PUT A CONDITION THAT THE RESTAURANT FOOD WILL BE AVAILABLE AT ALL TIMES TO ALL GUESTS.

AND THAT'S REALLY INTENTION.

FINALLY, AS MICHAEL BELU MENTIONED, THERE IS A COUNTER THAT WAS PERMITTED THAT'S ALREADY UP THERE THAT, YOU KNOW, KIND OF FEELS LIKE A BAR.

UM, WE DON'T WANT, AND I KNOW THE FEAR IS THAT THAT'S GOING TO BE A TRADITIONAL STANDUP BAR WHERE YOU GOT PEOPLE SCREAMING FOR DRINKS AND TALKING TO THE BARTENDER.

THAT'S NOT THE INTENTION HERE.

SO THE CONDITION THAT I PUT WAS TO KEEP IT THERE.

IT'S PERMITTED, IT'S BEEN THERE, BUT TO USE IT IN A WAY THAT WON'T IMPACT ANYBODY.

AND THE IDEA CAME FROM, I THINK IT WAS OUR, OUR DISCUSSION WITH THE SOY WEST NEIGHBORHOOD FOLKS.

THEY MENTIONED THAT CATCH THERE WAS A LOT OF CONCERNS IN SOFTA ABOUT THE OPERATION OF CATCH AND THEIR ROOFTOP.

AND THEY HAVE A SERVICE BAR.

SO IT'S NOT THE BAR WHERE I CAN GO SCREAM FOR DRINKS, BUT IT, IT'S A STATION, IT'S A STAGING AREA FOR DRINKS TO GO TO THE TABLES, PEOPLE EATING AT THE RESTAURANT ON THE ROOF SO THEY DON'T HAVE TO BRING THEM FROM THE DOWNSTAIRS BAR.

SO THIS CONDITION SAYS THAT IT'S A, IT'S A TABLE SEATED AREA.

PEOPLE COULD SIT THERE FOR DINNER.

YOU KNOW, IF YOU'RE A TRAVELER, IT'S ON YOUR OWN.

YOU DON'T WANT TO SIT IN A FULL TABLE, BUT YOU WANNA SIT, YOU COULD SIT THERE AND YOU COULD ALSO, DRINKS CAN COME FROM THEIR TWO TABLES AS A SERVICE BAR, BUT IT WON'T BE A TRADITIONAL BAR.

THAT I THINK IS THE CONCERN.

SO THOSE ARE THE CONDITIONS THAT WE CAME UP WITH.

SORRY, JUST JUST TO BE CLEAR.

SO IT WOULD BE THE PEOPLE SITTING IN THE BAR WOULD BE EATING AT FOOD, SO YOU WOULD HAVE TO HAVE FOOD TO BE SITTING AT THE COUNTER? CORRECT.

OKAY.

CORRECT.

AND THEN IN SPEAKING TO MICHAEL THIS MORNING, HE MENTIONED THE CONCERN THAT HOW CAN YOU REALLY OPERATE A RESTAURANT UP THERE WITHOUT A KITCHEN UP THERE? AND WE RECOGNIZE THAT.

WE'VE TALKED TO NICK AT LENGTH ABOUT IT.

HIS CONCERN IS JUST DESIGN.

THE LEVEL OF KITCHEN THAT HE WANTS AT THE, AT THIS LEVEL OF RESTAURANT THAT HE OPERATES IS WELL OVER SIX FIGURES TO TRY, YOU KNOW, IN THE SIX FIGURES TO DESIGN A LOAN.

SO WE WANNA MAKE SURE WE GET APPROVAL HERE.

FOR HIM TO SPEND THAT MONEY ON THIS NEW BUSINESS TO DESIGN THE KITCHEN, THE KITCHEN THAT HE WOULD DESIGN IS STATE-OF-THE-ART KITCHEN.

UH, A CONDITION CAN BE PLACED IN HERE THAT WE WILL NOT OPEN THE ROOFTOP TO THE PUBLIC UNTIL THAT KITCHEN IS APPROVED AND PERMITTED.

THAT WAY, YOU KNOW, THERE'S, THERE'S CERTAINTY THAT A KITCHEN WILL BE THERE AND THERE'S NOT THIS HAVING TO BRING THING FROM THE BOTTOM.

HE WILL ABSOLUTELY HAVE A KITCHEN UP THERE WHEN THE RESTAURANT OPENS.

WE'RE JUST HOPING TO GET THE USE OF THE ROOF ALLOWED BEFORE HE INVEST ALL THAT MONEY.

SO WE'RE HAPPY TO ADD A CONDITION THAT I DIDN'T HAVE ON HERE BUT CAME UP THIS MORNING THAT A, A KITCHEN WILL BE REQUIRED ON THE ROOFTOP.

AND THAT I THINK CONCLUDES WHAT I HAVE.

WAIT, WHAT'S THE, I'M SORRY, WHAT'S THE 1790 PROJECT TIME TALKING ABOUT? THEY'RE WORRIED ABOUT THAT'S THE, THE ONE THAT WE COULD, WE GOT APPROVED UH, EARLIER, I THINK AT THE END OF LAST YEAR.

IT'S THE ONE, THE ANGULAR PORTION IN SUNSET HARBOR'S THE ONE AT THE RONNIE'S PROJECT ACROSS THE STREET DEPOT.

IT'S THE FOUR STORIES WITH THE, WITH THE RESTAURANT IN THE MARKET.

UM, SO ONE THING I'M ABOUT TO SAY, WE DID REACH OUT TO, I THINK AT THIS POINT THERE'S FOUR DIFFERENT ASSOCIATIONS THAT WE'RE LIKE IN THE CENTER OF.

WE'VE HAD LOTS OF DISCUSSIONS WITH PARKVIEW AND JOHN.

WE DON'T AGREE ON, ON, ON EVERYTHING, BUT WE'VE CERTAINLY HAD A GOOD DIALOGUE AND YOU'LL HEAR FROM HIM.

[00:45:01]

UH, WE DID HAVE MULTIPLE ROBUST DISCUSSIONS WITH THE SOBE WEST FOLKS, AND I HOPE YOU HEAR FROM THEM.

THEY WERE, THEY WERE SUPPORTIVE, UH, OF THIS WITH, WITH SOME OF THESE CONDITIONS THAT I READ OUT.

WE DID REACH OUT TO WNA AND I, I I'M STILL HAVEN'T FIGURED OUT THE DISTINCTION BETWEEN WNA AND SOBE WESTERNS THROUGH GROUPS NOW.

DID NEED NOT HEAR BACK FROM THEM.

UM, AND I DID REACH OUT, UH, TO, TO SUNSET HARBOR.

I KNOW THEY'RE HERE.

I KNOW THAT WE, WE WEREN'T ABLE TO CONNECT, BUT I MADE AN ATTEMPT, UM, AND, AND I DID HEAR ONE OF THEIR CONCERNS THAT I PUT INTO THIS, THIS, THESE CONDITIONS.

SO WITH THAT, I'LL CONCLUDE FOR NOW.

HAPPY TO HEAR YOUR QUESTIONS.

HAPPY TO HEAR FROM THE PUBLIC AND, ALRIGHT, THANK YOU.

LET'S HEAR FROM THE PUBLIC.

AND MR. CHAIRMAN, UH, BEFORE WE HEAR FROM THE PUBLIC, DO ANY BOARD MEMBERS HAVE ANY EX PARTE COMMUNICATIONS TO DISCLOSE? YEAH, EXCUSE ME.

I DID SPEAK WITH THE APPLICANT'S ATTORNEY.

I SPOKE WITH, UH, MICKEY MARRERO AND I GOT A BUNCH OF EMAILS, WHICH I THINK WERE ALL, EVERYBODY WAS COPIED ON.

DO YOU HAVE A DISCLOSURE TO MAKE? NOPE.

ME NEITHER.

I BET I HAVE .

I HAVEN'T ANYTHING.

THANK YOU SIR.

MORNING, UH, MY NAME'S JOHN COURTNEY.

I'M HERE REPRESENTING THE PALM VIEW NEIGHBORHOOD ASSOCIATION.

UM, I DON'T KNOW IF, JUST TO START, IF YOU ALL HAVE THE IMAGES OF OUR NEIGHBORHOOD AND ITS ASSOCIATE AND ITS CLOSENESS TO THE, UM, OKAY, GREAT.

IT SEEMS LIKE EVERYONE'S FAMILIAR WITH WHERE WE ARE AND, AND HOW THE, THE ROOFTOP OVERLOOKS OUR NEIGHBORHOOD.

UM, SO I JUST FIRST WANNA CLARIFY A COUPLE THINGS WITH ALL DUE RESPECT TO, TO MICHAEL.

WE'VE TALKED ABOUT THIS A LOT.

THE PROHIBITION ON ROOFTOPS IN THE ALTING CORRIDOR IS NOT THAT IT IS ASSOCIATED WITH A RESTAURANT, BUT THAT IT IS A RESTAURANT.

SO I THINK THAT'S AN IMPORTANT DISTINCTION.

THE, THE APPLICANT WANTS TO TALK ABOUT HOW THIS WILL BE ASSOCIATED WITH THIS INCREDIBLE POTENTIALLY MICHELIN STAR RESTAURANT, WHICH IS GREAT, BUT THAT'S NOT WHAT'S REQUIRED BY CODE TO HAVE THIS ESTABLISHMENT.

IT NEEDS TO MEET THE LEGAL DEFINITION OF A RESTAURANT.

AND THE LEGAL DEFINITION OF A RESTAURANT IS THAT THE PRINCIPAL BUSINESS WILL BE SELLING FOOD.

IT'S NOT THAT THERE WILL BE MENUS AVAILABLE.

IT'S NOT THAT THEY MAY PLAN TO BUILD A KITCHEN IN THE FUTURE.

IT'S THAT THE PRINCIPAL BUSINESS OF THIS ESTABLISHMENT WILL BE SELLING FOOD.

AND IF YOU OPEN UP THE ACTUAL APPLICATION, RIGHT IN THE VERY CONCEPT SECTION, IT SAYS THAT THIS WILL BE A PLACE FOR COCKTAILS BEFORE DINNER AND DIGESTIVES AFTER DINNER.

IT'S JUST NOT A RESTAURANT, RIGHT? PRINCIPAL BUSINESS, LIKE IF YOU LOOK AT THE CASE LAW AROUND IT, THERE'S A LOT OF TALK ABOUT LIKE PERCENT OF REVENUE, WHAT THE ACTUAL STAFF IS DOING ALL DAY.

IT'S NOT THAT YOU CAN ORDER DRINKS FROM A QR CODE AND MAYBE ALSO GET A SMALL PLATE NEXT TO IT, RIGHT? IT JUST DOESN'T QUALIFY.

IT'S A LOUNGE, IT'S A BAR, BUT IT'S NOT A RESTAURANT BY THE DEFINITION OF CITY CODE.

AND THEN BEYOND JUST THAT, I MEAN, I THINK, YOU KNOW, THEY'VE TRIED TO ADDRESS A FEW OF THE ISSUES, BUT IT'S JUST NOT A SPACE THAT CAN SUPPORT A RESTAURANT RIGHT NOW, RIGHT? I MEAN, IT'S A LOUNGE.

A LOT OF LIKE TWO-SEATER TOPS ON THE, UH, ROOFTOP WITH NO ACCESS TO THE KITCHEN DOWNSTAIRS UNLESS THEY'RE GONNA RUN FOOD UP THROUGH TWO PUBLIC ELEVATORS.

UM, IT ALSO, UH, LET ME SEE, SORRY.

IT ALSO HAS THE OUTDOOR BAR COUNTER, WHICH I THINK, YOU KNOW, THEY'LL ADDRESS.

BUT, UM, IT'S ALSO 150 SEATS.

THE, THE CAPACITY DOWNSTAIRS IS 150 SEATS.

SO IT'S NOT LIKE A LITTLE EXTENSION OF AN EXISTING RESTAURANT.

IT'S A WHOLE OTHER ESTABLISHMENT UPSTAIRS THAT DOESN'T HAVE A KITCHEN, DOESN'T HAVE A GREAT WAY TO SERVE FOOD.

SO, YOU KNOW, I DON'T WANNA PUT WORDS IN THEIR MOUTH, BUT IT SOUNDS A LOT LIKE THIS IS AN ATTEMPT TO PAINT A BAR AS A RESTAURANT IN ORDER TO GET APPROVAL BECAUSE BY CODE IT SHOULD BE, UM, PROHIBITED.

SO THAT'S MY FIRST POINT.

THE OTHER ISSUE IS THE NOISE.

THIS ISN'T LIKE US SPECULATING THAT THERE WILL BE A NOISE ISSUE.

THERE HAVE BEEN CONTINUED NOISE ISSUES FROM THIS LOCATION WHEN THE PUBLIC IS ALLOWED UP THERE OVER AND OVER AGAIN, OVER THE LAST COUPLE YEARS.

THE APPLICANT HAS A HISTORY OF HOSTING UNPERMITTED PARTIES ON THE ROOFTOP.

I SHARE PICTURES OF A NUMBER OF UNPERMITTED PARTIES IN THE EMAIL THAT I SENT TO YOU ALL.

AND THOSE UNPERMITTED PARTIES ARE A DISASTER FOR OUR NEIGHBORHOOD.

WE HEAR EVERY NOTE OF THE MUSIC, WE HEAR EVERY LOUD PERSON SCREAMING UP THERE.

AND IT'S A GREAT FRUSTRATION.

YOU LOOK AT LIKE, THE NUMBER OF, UM, NOISE COMPLAINTS THAT THERE HAVE BEEN, THERE HAVEN'T BEEN THAT MANY, BUT IT'S ALMOST LIKE EVERY TIME THERE'S A PARTY UP THERE, THEY GET NOISE COMPLAINTS, RIGHT? SO AS SOON AS YOU OPEN IT UP TO THE PUBLIC, ALL OF A SUDDEN IT'S GONNA BE NOISE COMPLAINTS OVER AND OVER AGAIN.

THE LAST THING I'LL SAY IS THAT, IS IT ALL RIGHT IF I JUST FINISH? THE LAST THING I'LL SAY IS THAT THE, UM, YOU KNOW, WITH ALL RESPECT TO THE CHARACTERIZATION OF THE MEETINGS THAT WE'VE BEEN HAVING, I DON'T THINK THERE'S BEEN A GOOD FAITH IN ENGAGEMENT WITH THE PALM BEACH NEIGHBORHOOD.

SO WE PROVIDED THEM CONDITIONS THAT I THINK ARE EXTREMELY REASONABLE MANY WEEKS BEFORE THEY MET WITH US PUBLICLY.

AND IN THAT PUBLIC MEETING, WHICH WE HAD TO INVITE THEM TO, THEY WERE, THEY DIDN'T MAKE ANY EFFORT TO REACH BACK OUT TO US AFTER WE SENT THE CONDITIONS.

THEY DIDN'T EVEN ENGAGE WITH THE CONDITIONS AT ALL.

IN FACT, THEY IGNORED THE CONDITIONS THAT WE HAD SENT TO THEM.

WOULD, DO YOU MIND ELABORATING WHAT THOSE CONDITIONS THAT YOU HAD TRIED TO YEAH, THOSE WERE ALL FOUR.

OKAY.

ABSOLUTELY.

THANK YOU.

OKAY.

THANK YOU.

I APPRECIATE THAT.

UM, AND NOW AT THE MEETING, THEY ALSO NEVER RESPONDED TO US AFTER THAT MEETING WHEN WE ASKED THEM TO RESPOND TO US.

AND WE ONLY GET THESE NEW CONDITIONS LITERALLY AS I SIT HERE.

AND OF COURSE I'M NOT GONNA MAKE ANY DECISIONS ON THOSE PERSONALLY.

[00:50:01]

SO AS A, AS A NEIGHBOR ASSOCIATION, WE HAVE NO POSITION ON THEIR NEW CONDITIONS, WHICH THERE SHOULD HAVE BEEN TIME TO HAVE POSITION ON.

SO I THINK THAT'S FRUSTRATING.

HERE ARE THE FOUR CONDITIONS WE ASKED FOR, WHICH IN MY MIND, ESSENTIALLY JUST SAY YOU ALL ARE MAKING PROMISES AND WE WANT TO HOLD YOU TO THOSE PROMISES.

SO CONDITION NUMBER ONE IS THAT THE ROOFTOP WILL RESTRICT ANY NOISE, INCLUDING MUSIC AND PATRONS PLAYING THE AUDIBLE FROM A DISTANCE OF A HUNDRED FEET OR MORE.

THEY SAY WE'RE NOT GONNA BE AFFECTED.

GREAT.

STAND BY THAT STATEMENT.

AND IF YOU VIOLATE IT, HAVE THERE BE CONSEQUENCES.

MY O THE OTHER CONDITION WAS THAT THE ROOFTOP BUSINESS MUST GENERATE 40% OF REVENUE BY FOOD.

THEY SAY IT'S GONNA BE A RESTAURANT.

GREAT.

STAND BY THE FACT THAT IT'S GONNA BE A RESTAURANT AND MAKE SURE 40% OF YOUR REVENUE IS DRIVEN BY FOOD.

THAT'S NOT ME MAKING THAT UP.

THAT'S THE NEW, UM, THE NEW CODE THAT WAS PUT IN PLACE FOR SUPPER CLUBS.

UM, WE ALSO SAID THE ROOFTOP MUST CLOSE AT 10:00 PM OBVIOUSLY LATE NIGHT'S AN ISSUE, BUT FRANKLY, ANY TIME'S AN ISSUE FOR US IF THERE'S NOISE INTRUSION, LIKE I DON'T WANNA BE SITTING WITH MY DAUGHTER IN OUR BACKYARD AND LISTENING TO WHATEVER.

UM, YOU KNOW, MICHAEL'S TASTE IN MUSIC IS, AND THEN THE LAST THING IS THAT THEY CONTINUE TO WORK WITH THE NEIGHBORHOOD AND ONCE THEY'VE SET UP THEIR SOUND SYSTEM THAT THEY VERIFY AND REPORT WITH THE NEIGHBORHOOD SIGNATURE, THAT THE MUSIC IS NOT BEING PLAINLY AUDIBLE FROM THE NEIGHBORHOOD.

THOSE WERE OUR REASONABLE CONDITIONS.

THEY WERE JUST STRAIGHT UP IGNORED.

AND SO I THINK, I PERSONALLY WOULD LIKE, I THINK THIS IS GENERALLY A LITTLE BIT OF AN UNDERDEVELOPED APPLICATION.

YOU KNOW, WE'VE GOT LIKE A SCHEMATIC OF THE ROOFTOP THAT'S FROM A YEAR AGO BEFORE THIS CURRENT OPERATOR EVEN CAME INTO THE PICTURE.

I WOULD ASK THAT THEY BE, UM, TOLD TO COME BACK TO THE NEIGHBORHOOD TO ENGAGE WITH OUR CONDITIONS, TO COME TO SOME AGREEMENT, NOT TO TRY TO MAKE THIS ALL HAPPEN RIGHT NOW IN FRONT OF YOU ALL.

UM, AND HOPEFULLY THEY CAN BRING A GREAT RESTAURANT UP THERE.

I WOULD LOVE THAT.

SO, SO QUICK QUESTION FOR YOU.

IF, IF THE CONDITION IS, UH, IS THAT THEY, YOU CAN'T HEAR THE MUSIC MORE THAN A HUNDRED FEET AWAY, THEN WHY WOULD YOU OPPOSE, UM, A LATER CLOSE DATE TIME ON THE ROOF IF THAT'S CONDITIONED WITH, WITH THAT OUTAGE? WE WOULD BE, I I WOULD, I WOULD SAY THAT THE, THE MORE IMPORTANT CONDITION IS THE, THE NOISE FOR SURE.

I THINK THERE'S A CERTAIN AMOUNT OF JUST LIKE, RIGHT.

I'M SAYING THOUGH, IF THEY ADHERE TO THE, TO THE NO NOISE AFTER A HUNDRED FEET WOULD BE OKAY WITH AN EXTRA HOUR.

ABSOLUTELY.

WELL, ONE THING I WILL SAY IS THAT AT MIDNIGHT, YOU KNOW, I, I THINK THERE'S, I LIVE IN THE CITY, I ACCEPT A CERTAIN AMOUNT OF NOISE.

UM, YOU KNOW, BUT THINGS BECOME A LITTLE BIT MORE IMPORTANT AT MIDNIGHT, RIGHT? WHEN THERE'S SOMEONE SCREAMING OFF THE ROOFTOP.

I GET IT.

RIGHT.

AND IT'S LIKE, YOU CAN'T REALLY CALL CODE ON SOMEONE SCREAMING OFF THE ROOFTOP, RIGHT.

BECAUSE THEY STOP SCREAMING AND THEY SCREAM AGAIN.

AND IT'S JUST VERY, YEAH.

AND I, AND I JUST WANT YOU TO UNDERSTAND, AND I I ALWAYS SAY THIS, UM, THAT, YOU KNOW, IT'S A TOUGH JOB FOR US UP HERE, BUT WE ALWAYS TRY, AT LEAST I DO.

I TRY TO BALANCE, I WANT THEM TO BE SUCCESSFUL.

I WANT YOU TO HAVE A QUALITY OF LIFE.

SAME.

UM, AND SO, UM, I AM SENSITIVE TO THE FACT THAT THERE'S A LOT OF RESTAURANTS IN THIS CITY NOW, AND A LOT OF THEM ARE STRUGGLING.

AND I I WANT THEM TO SUCCEED, BUT I WANT YOU TO BE ABLE TO SLEEP.

YEAH.

SO THAT'S WHY I ASK YOU THAT IF, IF YOU KNOW THIS, THIS MAN IS A VERY WELL KNOWN OPERATOR AND, AND I I WAS NOT AWARE OF NOISE COMPLAINTS EVERY TIME THEY OPEN TO THE PUBLIC.

I'LL HAVE TO GET MORE INTO THAT.

BUT, UM, ASSUMING THEY ADHERE TO THE CONDITION THAT YOU WON'T HEAR NOISE, THEN I THINK IT'D BE FAIR AT LEAST TO HELP THEM SUCCEED TO HAVE AN EXTRA HOUR.

BUT THEY GO HAND IN HAND.

SO I JUST WANNA UNDERSTAND WHAT WE'RE TRYING TO ACCOMPLISH.

AND I THINK THAT WOULD GO A LONG WAY.

THE ONE THING I WILL SAY IS I THINK IT'S A BIT SPECIOUS TO SAY THAT THEY CAN'T SUCCEED WITHOUT DOUBLING CAPACITY.

UM, YOU KNOW, THE, THE OPERATOR CAN SPEAK TO HIS CURRENT CAPACITY IN DC IT'S WELL BELOW EVEN THE CAPACITY OF THE RESTAURANT SPACE HE'S MOVING INTO.

SO TO SAY HE NEEDS TO LIKE, HAVE SUBSTANTIALLY MORE SEATS TO SUCCEED AS A OPERATOR, I THINK IS A BIT SPEC.

BUT I'LL LET YOU ALL OKAY.

FOLLOW UP WITH QUESTIONS.

THANKS FOR YOUR TIME.

I APPRECIATE IT.

GOOD MORNING.

SARAH DERE CENTER, HARBOR NEIGHBORHOOD ASSOCIATION.

I WAS ACTUALLY THE PALM VIEW REACHED OUT TO THE DIFFERENT ASSOCIATION WAF, MYSELF AND, UM, AND THEM IN REGARDS TO THIS ISSUE BECAUSE THEY'RE, THEY'RE, YOU KNOW, THEY'RE CLOSEST TO WHAT'S GONNA BE THE POLY MAR, EVEN THOUGH WE'RE PRETTY CLOSE.

AND BY THE WAY, BRIAN, THERE'D BEEN NUMEROUS COCOM ISSUES WITH THE POLYOMA MAR.

I REMEMBER ONE AFTERNOON THEY STARTED A PARTY AT 2:00 PM AND EVERYBODY COULD HEAR THE WHOLE MUSIC IN THE NEIGHBORHOOD.

AND THEN CODE HAD TO SIT THERE UNTIL 8:00 PM BECAUSE I BELIEVE THEY WERE ALLOWED TO HAVE THE SPEAKERS OPEN UNTIL 8:00 PM AND THEY FINALLY CLOSED THEM DOWN.

SO THEY HAVE HAD CODE PROBLEMS THERE BEFORE.

UM, WE DISAPPROVE OF, UH, CHANGING THE CUP.

LIKE JOHN SAID, IT IS NOT REALLY A RESTAURANT ON THE ROOFTOP.

I ALSO DO NOT LIKE THE FACT THAT THE HOTEL'S GUESTS, THEY'RE GONNA BE A SECURITY JEOPARDY FOR THEM.

THEY PAY TO BE AT THE HOTEL SAFELY AND ENJOY THE PREMISES THEMSELVES AS THEY PAY TO BRING

[00:55:01]

OTHER PEOPLE FROM OUTSIDE.

I THINK IT'S GONNA BE A LOGISTIC.

EITHER YOU CREATE A WHOLE RESTAURANT ON THE ROOFTOP OF THE POLYMER, WHICH REALLY BELONGS TO THE HOTEL AND THE HOTEL GUEST BECAUSE IT WASN'T CREATED LIKE THAT FROM THE BEGINNING.

AND ALSO, LIKE JOHN SAID, ADDING MORE, IF THEY CANNOT BE SUCCESSFUL ON THE GROUND FLOOR LIKE MARINI WAS, THEN YOU'RE NOT GONNA BE SUCCESSFUL AT THE ROOFTOP OF THE POLYOMA MAR WHEN IT WASN'T REALLY EIGHT RESTAURANTS FROM THE BEGINNING, CREATED, MARKETED AND ALL THAT.

IT'S LIKE IN ADDITION TO, YOU KNOW, THEY'LL ADD THIS, THEY'LL ADD THAT.

THEY'LL, THEY DO SOME OF THE CODE AND STUFF LIKE THAT.

I HOPE THEY'RE SUCCESSFUL 'CAUSE WE WOULD LIKE SUCCESSFUL RESTAURANTS IN THE NEIGHBORHOOD.

BUT IF THEY'RE NOT SUCCESSFUL IN THE GROUND FLOOR, HOW DO YOU THINK IT'S GONNA BE UP THERE? PLUS YOU, BUT PLUS YOU ALSO ENCOURAGING INTO THE, THE PEOPLE WHO ARE PAYING AT THE HOTEL TO STAY THERE.

THAT'S ONE THING THAT I FOUND, AND IT'S MY BELIEF THAT IT IS MY BELIEF THAT ANYONE FROM THE PUB, YOU KNOW, THE PUBLIC SHOULD BE TO NOT BE ALLOWED.

JUST ANYBODY FROM THE PUBLIC.

IT'S NOT GONNA BE THEIR NEIGHBORHOOD PEOPLE THAT ARE GONNA GO UP THERE.

THEY ALL HAVE POOLS, THEY ALL CAN GO TO DIFFERENT PLACES.

SO IT'S REALLY OTHER PEOPLE THAT ARE GONNA BE ALLOWED ON THE POOL DECK, TURN ROAD.

THE AIRBNB ALSO IS RIGHT ACROSS, IS OWNED BY THE SAME DEVELOPER.

IT IS MY BELIEF THAT THEY PROBABLY WILL BE ALLOWED TO HAVE THOSE GUESTS GO UP THERE.

UH, SO I THINK YOU NEED TO LISTEN TO THE NEIGHBORHOOD.

WE ALL HAVE, YOU KNOW, BEEN AROUND FOR A LONG TIME.

WE DON'T NOT WANT THIS TO BE ANOTHER MAN.

DRAIN ANOTHER CODE.

AND HOW ARE YOU GONNA MEASURE THE A HUNDRED FEET NOISE FROM THAT ROOFTOP TO THE PARK VIEW OR ANYWHERE ELSE? HOW ARE YOU, HOW ARE YOU GONNA MEASURE IT? WE DON'T EVEN HAVE THE DECIMAL SYSTEM.

THIS UP TO THE CO COMPLIANCE EARS.

WHOEVER HAS A GOOD EAR OR A BAD EAR, IT WILL BE THE NOISE.

AND YOU KNOW THAT EVERYBODY KNOWS THAT.

OKAY.

PLEASE DO NOT CHANGE THE CUP.

THANK YOU.

ANYONE ELSE IN CHAMBERS TO SPEAK ON THIS? MR. LYLE, NICE TO SEE YOU.

GOOD MORNING EVERYBODY.

LYLE STERN, SIX 90 LINCOLN ROAD.

UH, SO I'VE KNOWN NICK STEFANI FOR 10 YEARS.

I MET HIM THROUGH THE DEVELOPERS OF THE PROJECT THAT HE'S IN IN DC.

MAIA IS AN EXCEPTIONAL RESTAURANT THAT HAS WON MICHELIN STAR.

NICK'S BEEN VOTED, YOU KNOW, AMONG THE TOP CHEFS IN DC AND AROUND THE COUNTRY.

HE HAS AN UNBELIEVABLE BACKGROUND.

UH, I INTRODUCED NICK TO RONNIE SEVERAL MONTHS AGO BECAUSE NICK'S BEEN LOOKING TO HAVE A PLACE IN, IN MIAMI OR MIAMI BEACH FOR A WHILE.

YOU ALL KNOW HOW PERSONALLY COMMITTED I AM TO THE EVOLUTION AND ELEVATION OF OUR CITY.

WE HAVE THE OPPORTUNITY, AND THIS IS JUST ONE OF THEM.

WE HAVE THE OPPORTUNITY TO BRING IN GREAT CHEFS, GREAT OPERATORS, SEASONED TRACK RECORDS FROM AROUND THE COUNTRY, AND ELEVATE THE EXPERIENCES IN OUR CITY WITH RESPONSIBLE CHEFS WHO ARE NOT RUNNING CLUB RESTAURANTS AND HAVE NO EXPERIENCE, NO BACKGROUND, AND NO DESIRE TO RUN CLUBS, RESTAURANTS, AND BRING ELEVATED DINING FOR OUR COMMUNITY.

HERE WE BROUGHT IN OTT, PI, SUNSET HARBOR.

YOU ALL KNOW THE KINDS OF TENANTS WE'VE BROUGHT INTO THE CITY BEFORE, THE KINDS OF RESTAURANTS WE'VE BROUGHT IN BEFORE.

I NEVER STAND IN FRONT OF YOU, YOU KNOW, TRYING TO PRESENT WHAT'S THE SAYING? A WOLF AND SHEEP'S CLOTHING.

YOU SHOULD TAKE THE TIME TO UNDERSTAND WHO NICK STEPHAN IS, AND WE SHOULD WELCOME HIM AND OTHER SIMILAR OPERATORS INTO THIS COMMUNITY.

MM-HMM .

GIVE THEM A CHANCE TO BE SUCCESSFUL.

GIVE THEM A CHANCE TO ELEVATE OUR COMMUNITY.

I LIVE ON THE VIN ON THE VENETIAN CAUSEWAY, SORRY.

I LIVE ON THE VENETIAN CAUSEWAY.

I ENJOYED MARINI WHEN HE WAS HERE.

I ENJOY SUNSET HARBOR.

IT'S MY BACKYARD.

I WOULDN'T DO ANYTHING TO TARNISH MY BACKYARD OR MY REPUTATION.

YOU SHOULD LISTEN TO NICK AS AN OPERATOR OF A WORLD CLASS RESTAURANT.

NOT ANOTHER COMMON, YOU KNOW, JOHNNY KLE TO OUR CITY.

SO I APPRECIATE THAT WE ALL HAVE THIS OPPORTUNITY TOGETHER.

THANK YOU.

THANKS A LOT.

ANYONE ELSE IN CHAMBERS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH A HAND RAISED.

OH, HEY EVERYBODY, EVERYBODY.

UH, THANK YOU FOR HAVING US.

I REALLY APPRECIATE IT.

I WANTED TO ECHO ON WHAT LYLE WAS SAYING.

UM, I'M SO PROUD TO OBVIOUSLY BE A MEMBER OF THIS COMMUNITY SINCE I WAS BORN.

AND I, YOU ALL KNOW FROM MY TRACK RECORD, YOU KNOW, WE PRIDE OURSELVES IN, IN GOING ABOVE AND BEYOND WITH OUR DESIGNS ABOVE AND BEYOND WITH OUR PROGRAMMING OF OUR BUILDINGS.

AND WE ARE SO FORTUNATE THAT WE WERE ABLE TO MAKE A DEAL WITH NICK AND HIS AMAZING TEAM BECAUSE NICK IS NOT JUST ANY OPERATOR.

NICK IS, YOU KNOW, HE WAS

[01:00:01]

RA HIS RESTAURANT AT ONE POINT WAS RATED TOP 12 ITALIAN RESTAURANTS IN THE WORLD.

OKAY? NOT, NOT IN MIAMI, NOT IN WASHINGTON DC BUT IN THE WORLD.

SO, UM, WE HAVE TO FIGURE OUT A WAY AS A COMMUNITY TO COEXIST OUR RESIDENTIAL AND OUR COMMERCIAL NEIGHBORS.

OKAY? UM, THIS IS THERE, THERE'S A LOT OF COMPETITION THERE.

THERE CLEARLY IS A LOT OF COMPETITION WITH MIAMI BEACH.

THERE'S OTHER CITIES THAT ARE DRAWING TOP CHEFS, TOP RESTAURANTS.

AND WE NEED TO FIGURE OUT A WAY TO DRAW, CONTINUE TO DRAW THESE TOP GROUPS TO OUR, OUR AMAZING CITY.

THIS IS, THIS IS SOMETHING THAT WE AS, AS A HOTEL OWNER AND AS AS A PROPERTY OWNER, ARE THRILLED TO BE ABLE TO PROGRAM OUR PROPERTY WITH SUCH A TREMENDOUS OPERATOR, AMAZING CUISINE.

AND WHAT I WOULD ASK ALL OF YOU IS TO GIVE HIM A SHOT.

YOU KNOW, GIVE HIM THE BENEFIT OF A DOUBT, THE DOUBT.

BECAUSE IF, IF HE TURNS OUT TO BE, YOU KNOW, WHAT THE NEIGHBORS ARE CONCERNED ABOUT, WE COULD ALWAYS COME BACK TO YOU AND YOU WILL BRING US BACK AND WE WILL BE IN FRONT OF YOU.

UM, YOU KNOW, RE RE-ANALYZING WHETHER THIS WAS OR WAS NOT THE RIGHT THING.

BUT DON'T SHOOT IT DOWN NOW.

GIVE HIM THE BENEFIT OF THE BENEFIT OF THE DOUBT.

HE'S CLEARLY TOP, TOP CHEF, TOP OPERATOR, AND ALL HE WANTS TO DO IS TO ENHANCE THAT GUEST EXPERIENCE ON THE AMAZING ROOFTOP THAT WE CURRENTLY HAVE.

SO, UM, AGAIN, MIAMI BEACH IS NOT ONLY SPECIAL BECAUSE OF ITS AMAZING RESIDENTIAL NEIGHBORHOODS.

IT'S SPECIAL BECAUSE OF THE HOSPITALITY EXPERIENCE THAT WE OFFER TO THOSE, YOU KNOW, RESIDENTIAL NEIGHBORS AS WELL AS OUR VISITORS THAT TRAVEL FROM DIFFERENT PARTS OF THE WORLD.

SO, YOU KNOW, WE NEED NICK TO SUCCEED.

I THINK THE SUNSET HARBOR NEIGHBORHOOD, THE PALM VIEW NEIGHBORHOOD'S GONNA BE THRILLED TO HAVE HIM, YOU KNOW, WALKABLE TO TO THEIR HOMES.

AND, YOU KNOW, LET'S GIVE HIM A SHOT AND GIVE HIM THE BENEFIT OF THE DOUBT SO THAT, UM, YOU KNOW, THIS, THIS COULD BE AN AMAZING COMPLIMENT TO OUR NEIGHBORHOOD.

CAN I JUST ASK YOU A COUPLE QUESTIONS? AND I JUST WANT TO ANNOUNCE ANYONE THAT'S, UM, HERE AND ANYONE ON ZOOM THAT'S HERE FOR THE, UM, VILLE PROJECT.

IT WILL FOLLOW THIS, THIS, UH, ITEM.

SO GO AHEAD.

OH, GO AHEAD.

UM, JUST TO ADDRESS SOME OF SARAH'S CONCERNS ABOUT HOW YOU, WHAT IS THE LOGISTICS OF RUNNING THE POOL FOR THE GUESTS OF THE HOTEL AND THE RESTAURANT INTEGRATED? JUST SO WE ALL UNDERSTAND HOW THAT'S GONNA BE.

SO THE LEGIS, OKAY.

SO THE POOL WILL STILL BE OBVIOUSLY OPEN AND AVAILABLE TO OUR, OUR, OUR HOTEL GUESTS.

YOU KNOW, THE THING THAT I, I TELL WHEN WE, WHEN WE HAVE THESE NEIGHBORHOOD MEETINGS, THE THING THAT I ALWAYS MENTION TO THEM, AND THEY SHOULD BE, AND THEY, AND ALL OF YOU SHOULD BE MINDFUL OF, IS THAT OUR HOTEL GUESTS ARE RIGHT BELOW THE, YOU KNOW, THE VENUE, RIGHT? SO WE'RE NOT GONNA DO ANYTHING TO COMPROMISE THE GUEST EXPERIENCE BECAUSE THERE'S A LOT OF COMPETITION, AS YOU KNOW, IN MIAMI BEACH.

SO IF WE HAVE EXCESSIVE NOISE COMPLAINTS AND OUR GUESTS DON'T COME BACK, WE'RE ONE AND DONE.

SO WHAT I WOULD SAY IS LOGISTICALLY, YOU KNOW, WE HAVE, WE HAVE THE, UM, YOU KNOW, WE OBVIOUSLY HAVE THE RESTAURANT BELOW.

WE HAVE THE, THE VENUE ON, ON, YOU KNOW, ON TOP.

AND WE WILL HAVE, IT WILL BE A LIGHT BITE, YOU KNOW, RESTAURANT ON THE ROOF.

IT WILL, IT WILL OFFER, YEAH, GO AHEAD.

SO, I'M SORRY.

SO THE PEOPLE WHO ARE COMING UP TO THE RESTAURANT AND YOU STILL HAVE GUESTS USING THE POOL AT THE SAME TIME, IS IT CLOSED OFF? IS IT, I MEAN, THERE'S NO SEPARATION? NO, THERE WILL, THERE WILL STILL BE GUESTS, YOU KNOW, THE GUESTS WILL NOT BE DISPLACED, UM, BY, BY THE RESTAURANT.

THEY WILL JUST BE OFFERED MORE AMENITIES, MORE FOOD AND BEVERAGE, YOU KNOW, UH, A MORE GREATER FOOD AND BEVERAGE EXPERIENCE FOR THOSE GUESTS.

BUT THEY'RE ALLOWED TO USE THE POOL WHILE THE RESTAURANT IS OPEN ON THE ROOF.

YES.

AS FAR, AS FAR, I MEAN, THERE WILL BE HOURS OF OPERATION, BUT THERE WILL BE, THE POOL HAS HOURS WHERE, WHERE IT CLOSES FOR, YOU KNOW, POOL USE.

SO ONCE THOSE HOURS ARE CLOSED FOR POOL USE, YOU KNOW, THERE WILL NOT BE PEOPLE SWIMMING IN THE POOL THERE.

THERE'S HOURS OF OPERATION FOR THE POOL MM-HMM .

SO, SO THERE WON'T BE ANY USAGE OF POOL DURING THE DINNER HOURS BASICALLY? YES, CORRECT.

OKAY.

THAT'S, I DID WAIT, YOU JUST, I OKAY.

FEEL LIKE YOU JUST SAID.

SO, OKAY.

SO WE HAVE POOL, WE HAVE POOL HOURS MM-HMM .

WE HAVE POOL HOURS WHERE AFTER A CERTAIN TIME THE POOL, WHAT ARE THOSE HOURS? I HONESTLY, I, I, I THINK, UH, WE NEED TO KNOW THAT I THINK THE POOL I HAVE, I HAVE TO CHECK, I HAVE TO CHECK ON THE EXACT POOL HOURS.

I HAVE TO CHECK AS FAR AS WHEN THE POOL SHUTS DOWN FOR, FOR USAGE.

AND, AND, AND THE RESTAURANT IS ON THE GROUND FLOOR AND YOU'RE, AND SO THE, OUR ROOFTOP IS TWO TIERS.

OKAY.

SO IT'S, IT'S A VERY, IT'S A BIG ROOFTOP WITH TWO TIERS.

THERE'S THE UPPER TIER, WHICH IS WHERE THE POOL IS AND THE COUNTER IS, AND THERE'S A LOWER TIER.

OKAY.

THE LOWER TIER IS WHERE ALLOW A LOT OF THE CHAIRS AND, YOU

[01:05:01]

KNOW, THE LOUNGE SEATING IS PLACED CURRENTLY.

AND THEN THERE'S THE UPPER TIER, WHICH HAS SOME OF THE LOUNGE SEATING AROUND THE POOL THAT THE LOUNGE SEATING AROUND THE POOL AND THE POOL USAGE.

AFTER A CERTAIN TIME, THERE WILL NOT BE PEOPLE SWIMMING IN THE POOL.

WE'RE NOT GONNA HAVE PEOPLE, YOU KNOW, USE UTILIZING THE RESTAURANT AND SWIMMING IN THE POOL AT THE SAME TIME.

OKAY.

AS FAR AS THE HOURS OF OPERATION, AS FAR AS WHEN THE POOL SHUTS DOWN, I HAVE TO CHECK WITH MY HOTEL TEAM.

UM, HOW LARGE IS THE REST? HOW, HOW LARGE IS THE ROOFTOP? UM, I WANT TO SAY THAT THE ROOFTOP IS, IT'S PROBABLY LIKE AROUND 6,000 SQUARE FEET, MORE OR LESS.

AND SO YOU'RE GONNA HAVE A TAPAS MENU ON THE TOP, OR WOULD IT BE THE FULL RESTAURANT MENU? I MEAN, NICK COULD SPEAK MORE INTO THE MENU, BUT BASICALLY IT'S TO COMPLETE THE WHOLE GUEST EXPERIENCE FROM THE GROUND LEVEL.

AND LIKE NICK SAID, YOU KNOW, THE WHOLE PROPERTY WILL HAVE A CONTI, YOU KNOW, CONTINUOUS, UM, HOSPITALITY EXPERIENCE.

OKAY.

ONE OF THE, ONE OF THE BIGGEST ATTRIBUTES OF THE PROPERTY IS THE FACT THAT WE HAVE SPECTACULAR VIEWS.

WE WANT THOSE GUESTS TO ENJOY THOSE VIEWS FROM THE ROOFTOP, NOT JUST THE GROUND LEVEL.

THAT'S WHY NICK WANTS TO COMPLETE THAT WHOLE EXPERIENCE THROUGHOUT THE PROPERTY.

GO AHEAD.

WE DIDN'T, THIS WILL HELP I THINK, CLEAR SOME STUFF UP.

DON'T WANT, RIGHT.

YOU ON ZOOM.

RIGHT.

UM, SO BEFORE WE GO, I'M SORRY, BEFORE, BEFORE YOU SPEAK MICKEY, CAN ONE OF YOU ADDRESS THE, SO BOTH, BOTH REPRESENTATIVES FROM THE NEIGHBORHOODS CLAIM THAT THERE'S BEEN A HISTORY OF CODE PROBLEMS AND NOISE.

AND CAN, AND I'D ALSO LIKE THE CITY TO TELL ME IF THAT'S YEAH, THERE HAS, THERE WERE, UM, BACK IN 2022 AND WE, WE INCLUDED THE REPORT.

THERE WERE SOME EVENTS ON THE ROOFTOP.

THEY, THEY, UM, THEY WERE OPERATING, THEY DIDN'T HAVE A SPECIAL EVENT PERMIT.

THEY CAN'T GET A SPECIAL EVENT PERMIT AND THERE WERE VIOLATIONS FOR LOUD MUSIC ON THE ROOFTOP.

SO YEAH, THAT HAPPENED BACK.

AND WHEN, WHEN WAS THAT? THERE WERE, UM, LOOKS LIKE SEVERAL, UM, CITATIONS BACK IN 2022.

BRIAN, I CAN ADDRESS.

YEAH.

I NEED YOU TO BECAUSE, AND I HAVE, WHILE I'M UP HERE AGAIN, WE WANNA BALANCE IT, BUT ABSOLUTELY NO, WE WE'RE PREPARED FOR THAT.

SO, AND I DO HAVE SEVERAL REBUTTAL POINTS I'D LIKE TO JUMP INTO, BUT I'LL DO THAT ONE FIRST.

SO ADMITTEDLY, AND WE'VE TALKED ABOUT IT AT LENGTH, THERE WERE THREE DIFFERENT EVENTS.

AND 2021 AND 2022.

YOU KNOW, I, I'VE TALKED TO RONNIE ABOUT IT.

UNFORTUNATELY, HE WAS A PRIOR OPERATOR.

THEY'RE NOT INVOLVED ANYMORE.

I, I WILL GIVE YOU AN EXAMPLE BECAUSE WE TALKED TO, UM, ONE OF THE MEMBERS OF, SO WEST STEFAN EZ HAD A SIMILAR EXPERIENCE AT HIS HOTEL.

UM, THE HOTEL GATHERING.

SO THE RONNIE ALLOWED, UH, THE GAY PRIDE GROUP TO USE THE, THEY, THEY TOLD HIM, WE DON'T NEED A SPECIAL EVENT PERMIT 'CAUSE WE'RE A CITYWIDE SPECIAL EVENT.

IT WAS A BIG SUCCESSFUL EVENT.

APPARENTLY A LOT OF COMMISSIONERS WERE THERE, BUT IT WAS LOUD.

AND, UH, DO A SHORT WHY, WHY WAS IT LOUD? THEY HAVE MAD.

IT WAS, THERE WAS DJJ IN RETROSPECT.

THE, THE OPERATORS OF THAT EVENT AND THE ORGANIZERS DID NOT COMPLETELY FOLLOW THE RULES.

WE LEARNED OUR LESSON AND IT, THERE WAS THREE EVENTS OVER A SHORT PERIOD OF TIME.

OKAY.

THE, THE LAST ONE WAS ABOUT THREE YEARS AGO.

THEY WERE UN ADMITTEDLY PROBLEMATIC.

THEY WON'T HAPPEN AGAIN.

LESSON WAS LEARNED.

UM, BUT I'M NOT GONNA TELL YOU IT DIDN'T HAPPEN.

UM, THE FOLKS INVOLVED THERE, BUT THEY HAD AN EVENT WITHOUT A PERMIT.

SO THEY HAD AN EVENT WITHOUT A PERMIT.

THEY WERE UNDER THE IMPRESSION THEY DIDN'T NEED A PERMIT.

IT'S STILL, WE'RE STILL, IT'S STILL A QUESTION 'CAUSE IT WAS A CITYWIDE SPECIAL EVENT.

THERE WAS SOME CONFUSION THERE.

BUT NEVERTHELESS, THEY WERE UNDER THE IMPRESSION THAT THE EVENT WAS PERMITTED.

IT WAS A WIDELY ATTENDED SORT OF CHARITY EVENT.

IT HASN'T HAPPENED IN THREE YEARS.

AND CERTAINLY NOW I'LL JUST GOING TO, YOU KNOW, THERE, THERE WERE NO NOISE PROTECTIONS.

WAS THERE A C MICHAEL, WAS THERE A C MICHAEL, WAS THERE A CUP IN PLACE DURING THIS TIME? YES.

OKAY.

THE PROHIBITED EVENTS.

AND THEY HAD ONE, WELL, THE CODE, THE CODE PROHIBITS, UM, SPECIAL EVENTS.

OKAY.

IN THAT DISTRICT.

RIGHT.

AND SO THEY GOT A CITATION FOR HAVING THE EVENT AND FOR NOISE.

I DON'T KNOW, I JUST WANNA MAKE SURE I UNDERSTAND.

WELL, ACCORDING TO THE VIOLATIONS THE CITATION WAS ISSUED FOR FAILING TO COMPLY WITH CONDITIONS OF THE SPECIAL EVENT PERMIT.

SO I BELIEVE THAT IT SOUNDS LIKE A SPECIAL EVENT PERMIT WAS ISSUED, EVEN THOUGH IT PROBABLY SHOULD NOT HAVE BEEN.

BUT EVEN THOUGH IT WAS ISSUED, THEY, THEY STILL FAILED TO COMPLY WITH THOSE CONDITIONS.

OKAY.

AND YOUR POSITION? IT, IT WAS A ONE OFF PARTY THAT WE, THAT THE OWNER DIDN'T HAVE CONTROL OVER THE EVENT COURT.

THEY DID ALL THE, AND, AND THERE, AGAIN, GOING TO ONE OF MY NEXT POINTS THERE, THERE WERE NO NOISE PROTECTIONS THAT WE'RE AGREEING TO THE CONDITIONS OF MODIFYING THE WHOLE SPEAKER SYSTEM IN THE ROOF.

BE, UH, DIRECTIONAL SPEAKERS DOWN AND HAVE TESTING AS REQUIRED BY THE CONDITIONS.

WE'RE HAPPY WITH THAT CONDITION.

WE COULD EVEN TALK ABOUT ADDITIONAL TESTING IF NEEDED.

UM, AS TO THE, AND AGAIN, THIS IS NOW A, A RESTAURANT THERE, I THINK WE'RE, WE'RE SORT OF STUCK IN THIS, WELL WHAT IF, IF SOMEBODY'S GOING TO EAT DOWNSTAIRS, BUT THEY GO HAVE A DRINK AND A AND A SNACK UP THERE, IT'S NOT REALLY A RESTAURANT.

RIGHT.

IT'S, IT'S REALLY FOR BOTH.

THERE ARE PLENTY OF TABLES.

PEOPLE WILL, IF FOR EXAMPLE, IF YOU'RE ON A DATE, FIRST DATE, A VALENTINE'S DAY, MAYBE YOU WANT YOUR DINNER TO BE AT THE ROOF.

IF YOU'RE A FAMILY OF FIVE, MAYBE YOU WANT IT DOWNSTAIRS,

[01:10:01]

BUT YOU STILL GO CHECK OUT THE ROOF, HAVE A DESSERT THERE.

IT IT'S AN EVOLVING CONCEPT, BUT IT ABSOLUTELY IS GOING TO BE A RESTAURANT.

IT'S NOT GONNA BE RIGHT.

NO, I'M TRYING TO HELP YOU.

I'M TRYING TO FIGURE OUT THAT BACK THEN IT WAS A ONE-OFF PARTY THAT WILL NEVER HAPPEN HERE.

AND WE'RE HAPPY TO AGREE.

I, I DIDN'T, JOHN, I APOLOGIZE IF I MISSED IT.

I, I HAD THREE CONDITIONS.

THE FOURTH ONE YOU MENTIONED ON THE SOUND TESTING.

I DON'T THINK WE HAVE A PROBLEM WITH THAT AT ALL.

I MEAN, WE'RE HAPPY TO SOUND TEST AND WORK WITH THEM ON THAT.

I THINK THAT MAKES TOTAL SENSE.

LET ME JUST GO THROUGH MY REBUTTAL POINTS IF YOU DON'T MIND.

UM, ONE OF THE CONCERNS WITH RACHEL, HOW ABOUT THE HOTEL GUESTS? RONNIE'S, IN EVERY DISCUSSION WE'VE HAD, THAT'S BEEN AT THE TOP OF HIS CONCERN, NOT ONLY FOR THE PALOMAR, WHICH IS IN THIS BUILDING AND RIGHT UNDER THIS RESTAURANT, BUT HE ALSO OWNS DIFFERENT FLAG.

BUT HE OWNS THE MARRIOTT RESIDENCE INN, A BUDDING THIS.

AND THAT'S ANOTHER RESTAURANT, UH, HOTEL THAT'S MOSTLY FAMILIES AND TRAVELERS, NOT PARTY PEOPLE.

AND HE DOESN'T WANT TO IMPACT HIS BUSINESS ON EITHER HOTEL.

SO IT'S IMPORTANT TO HIM NOT TO HAVE THIS BECOME A LOUD PROBLEM.

HIS, BOTH OF HIS HOTELS ARE CLOSER THAN ANYONE ELSE.

UM, THE POOL, THE POOL, THE POOL MAY BE OPEN A LITTLE BIT LATER, BUT THE RESTAURANT DOESN'T EVEN START TO OPEN UNTIL PROPOSE UNTIL FOUR.

IT MAY BE THAT IT ACTUALLY OPENS LATER, DEPENDING ON BUSINESS WHEN IT, WHEN IT OPERATES.

BUT MOST OF THE TIME THAT THE POOL WILL BE USED WILL BE PRIOR TO THE RESTAURANT'S OPENING.

AND THE ONLY PEOPLE THAT WILL BE EATING UP THERE AT THE TIME WOULD BE HOTEL GUESTS AT THE POOL THAT HAVE A SNACK OR A DRINK WHILE THEY'RE AT THE POOL.

BUT ONLY HOTEL GUESTS.

SO THE DINNER WILL BE WHEN IT'S OPEN TO THE PUBLIC.

MICKEY, I, I'LL SEE THAT.

UM, ON PAGE 48, IT SAYS THE POOL DECK SHALL BE CLOSED BETWEEN THE HOURS OF IT SAYS MIDNIGHT AND THAT'S, UM, STRICKEN AND 10:00 PM TO 7:00 AM UM, WOULD YOU, HOW WOULD YOU ACTUALLY, I WOULD SAY THAT'S TOO LATE AND, AND TOO EARLY THAT CONDITION ADDRESSES THE, THE OPERATIONS OF THE RESTAURANT ADDRESS.

SO THAT'S WHY WE WANTED JUST THE POOL DECK.

UM, I HAD ASKED ABOUT THE POOL DECK AND THAT THIS, THIS, WELL, I MEAN, THE WAY THAT MICHAEL AND I HAD TALKED ABOUT THE RESTAURANT IS ON THE POOL DECK.

SO THAT'S WHAT THAT CONDITION ADDRESSES THE RESTAURANT.

RIGHT.

BUT, BUT THE POOL WOULD HAVE TO BE CLOSED.

I MEAN, IT CAN'T BE OUR POOL.

YEAH.

OUR RECOMMENDED, OUR RECOMMENDATION IS THAT, THAT THE OPERATION CEASE UP THERE AT 10:00 PM AND WHAT ABOUT THE POOL BEING OPEN? OKAY, SO, SORRY THAT I, I DIDN'T CLARIFY EARLIER, BUT THE POOL, THE ACTUAL POOL, UH, THE HOURS ARE SUNRISE TO SUNSET.

OKAY.

THOSE ARE THE POOL HOURS.

OKAY.

HOW, HOW, HOW IS FOOD DELIVERED TO THE ROOF? GO AHEAD.

YEAH.

SO ANOTHER ONE OF THE CONDITIONS THAT I DIDN'T GET, AND I APOLOGIZE THAT WE JUST GOT THESE, I, WE DRAFTED THESE OVER THE WEEKEND BECAUSE WE HAD MEETINGS INTO FRIDAY NIGHT.

I FEEL LIKE THIS IS, YEAH, I DON'T KNOW.

I FEEL, WELL, I WOULD SUGGEST LET'S LISTEN TO WHAT MICKEY'S REBUTTAL IS.

YEAH.

I DO BELIEVE THAT WE SHOULD GET COMMENTS FROM THE BOARD.

BUT I THINK WITH ALL THESE DIFFERENT CONDITIONS THAT WE GET SOME DISCUSSION AND I DO BELIEVE IT'D BE WORTHWHILE TO CONTINUE THE APPLICATION.

YEAH.

SO WE CAN, UM, FIRM UP THE CONDITION.

'CAUSE THERE'S BEEN A LOT THAT HAVE BEEN THROWN OUT.

SO IT'S A LOT.

SO THE CONDITION THAT LITERALLY I CAME UP WITH WHILE SPEAKING TO MICHAEL BEFORE THIS MEETING TODAY WAS THAT THERE WAS A CON, HIS CONCERN WAS YOU DON'T HAVE A KITCHEN UP THERE.

WE ABSOLUTELY WILL HAVE A KITCHEN UP THERE.

WE CAN PUT A CONDITION AT THIS RESTAURANT ON THE ROOFTOP WILL NOT OPEN UNTIL THE KITCHEN IS IS IS BUILT AND APPROVED.

AND, AND, AND HE'S ABSOLUTELY ALWAYS BEEN HIS PLAN.

I WAS JUST SPEAKING TO LYLE.

HE RECOGNIZES A KITCHEN OF THIS LEVEL, OF THIS TYPE OF RESTAURANT.

IT'S VERY, VERY EXPENSIVE TO DESIGN.

IT HAS TO BE ROAD TESTED.

IT'S A BIG EXPENSE.

NO, THAT'S A FAIR CONDITION.

SO, SO WE'RE HAPPY TO PUT IT IN THERE.

WE CAN'T OPEN WITHOUT A KITCHEN UP THERE.

'CAUSE WE KNOW WE NEED IT, BUT WE DON'T WANT, WE DON'T WANNA SPEND THAT MONEY IF, IF YOU ALL BE DOING THIS DOWN.

MM-HMM .

SO THAT'S, THAT'S WHY, THAT'S WHY WE, WE HAVEN'T DONE IT YET, BUT WE'RE HAPPY TO PUT THAT CONDITION IN THERE.

UM, THE PERCENTAGE OF REVENUE, I, I UNDERSTAND WHERE JOHN'S COMING FROM.

WE, YOU KNOW, WE TRIED TO ADDRESS THAT DIFFERENT WAYS.

ONE THING THAT NICK HAS TOLD ME, AND HIS RESTAURANT HAS WON MANY AWARDS OF WINE SPECTATOR MAGAZINE, THINGS OF THAT NATURE.

IF I GO TO DINNER WITH MY WIFE AND WE EACH HAVE A SMALL PLATE, YOU CAN SEE ME USUALLY, I DON'T HAVE TOO MANY SMALL PLATES, BUT FOLKS DO HAVE SMALL PLATES.

BUT SOMETIMES WE'RE FEELING LIKE IT'S A FESTIVE DAY, VALENTINE'S DAY ANNIVERSARY, WE MIGHT ORDER $150 BOTTLE OF WINE.

IT MAY BE THAT THE WINE COSTS MORE THAN THE FOOD DOES IT? NOT ALWAYS.

BUT THAT DOES HAPPEN AT HIS RESTAURANT.

AND WE DON'T WANT TO BE IN THIS MONTHLY WORKING WITH STAFF PERCENTAGES.

DUNNO, I DUNNO HOW YOU AUDIT THAT ANYWAY, BUT YEAH, THAT'S, BUT I UNDERSTAND JOHN'S POINT THOUGH.

THEY, THEY WANT THIS TO BE A PRIMARILY RESTAURANT.

OUR INTENTION IS THAT WE WILL COMPLY WITH THOSE NUMBERS.

WE JUST, THE, THE MONTHLY AUDITING, JUST, I DON'T KNOW HOW THAT WOULD WORK.

I'VE NEVER SEEN IT HAPPEN.

UM, BUT WHAT I PUT INSTEAD WAS THAT THE RESTAURANT MENU WILL BE AVAILABLE ALWAYS TO ALL GUESTS.

IT'S NOT GONNA BE A LOUNGE, A BAR.

IT IS TRULY GONNA BE A RESTAURANT ADDRESS.

THE ACTUAL BAR THAT'S THERE.

WHAT JOHN IS ACTUALLY WORRIED ABOUT, AND I GUESS SARAH, THE SAME THING IS, IS THAT THIS BECOMES A BAR VERSUS A, YOU KNOW, A QUIET ESTABLISHMENT.

AND I THINK IT'S PRETTY CLEAR BASED ON THE OPERATOR, UH, THAT WE'RE NOT GOING IN THE DIRECTION OF A CLUB SCENE.

I MEAN, IT'S PRETTY CLEAR THAT IT'S GONNA BE A VERY PEACEFUL KIND OF, OF ATMOSPHERE.

THAT'S A, A THE TYPE OF RESTAURANT THAT HE RUNS.

RIGHT.

AND SO IT'S A FOOD EXPERIENCE AND WITH VIEWS AND WITH, SO I THINK THAT, YOU KNOW, WE CAN GO AND, YOU KNOW, ANALYZE LEFT AND RIGHT.

WE HAVE THE OPERATORS IN THE PAST THAT WERE WRONG IN THE WAY THEY OPERATED THERE, BUT IT'S NOT THE SAME GROUP THAT WE'RE DEALING

[01:15:01]

WITH.

SO IF WE CAN ADDRESS THE, THE, THE NOISE LEVEL MUSIC LEVEL AS THE FIRST 'CAUSE I THINK IT'S THE NOISE THAT EVERYONE IS CONCERNED ABOUT AT THIS POINT.

WHAT, WHAT ESTABLISHMENT GOES THERE IS NOT IS JUST WILL IT LEAD TO DYSFUNCTION IN THAT NEIGHBORHOOD? WILL IT LEAD TO LOUD NOISE? WILL IT ATTRACT THE CROWD THAT WANTS TO STAY LATE AND, AND SCREAM.

AND I THINK IT'S CLEAR BASED ON THE OPERATOR WE HAVE THAT THIS IS A REALLY GOOD CASE SCENARIO.

AND I UNDERSTAND THE, THE RESISTANCE OF HAVING A ROOFTOP.

THE PLACES WE'VE HAD ISSUES WITH ROOFTOPS ARE OPERATORS THAT HAVE EVENTS, DJS LIVE MUSIC.

WE DON'T SEE THAT RIGHT NOW.

AND SO IF WE CAN SORT OF WORK IN THE CONDITIONS THAT, UM, UM, YOU KNOW, TAKE SOME OF THE SUGGESTIONS AND CONTROLLING THE NOISE LEVEL, UM, AND, AND, AND GIVING A CHANCE TO THE OPERATION HOURS TO BE THE 11 AND MIDNIGHT IS AN HOUR DIFFERENCE.

AND I UNDERSTAND THE CONCERN AGAIN, BUT IT IS A RESTAURANT AND PEOPLE TEND TO EAT, YOU KNOW, PAST 10 O'CLOCK AROUND HERE.

UM, SO I'M, I'M JUST, I'M JUST, I KNOW YOU'RE DOING A LOT OF THE PRESENTATIONS.

I JUST WANT US TO FOCUS ON WHAT WE'RE TRYING TO ACHIEVE HERE.

AND WHAT IT IS, IS A NOISE LEVEL, RIGHT? WE HAVE A GOOD OPERATOR.

HE'S NOT GONNA BE HAVING PARTIES UP THERE.

UH, WE CAN MAKE SURE THAT WE PUT THE CONDITIONS WE NEED FOR THE NOISE.

AND, UM, I MEAN THAT'S WHERE I THINK WE'RE AT.

I THINK WE'VE GOT A LOT OF INFORMATION PRESENTED, BUT WE, WE AND THE CONCERNS YEP.

YEAH.

BOILS DOWN TO NOISE AND DISRUPTION AND BOILS DOWN TO NOISE.

AND I THINK WE GOT THE RIGHT OPERATORS ARE NOT GONNA BE LOOKING INTO, UM, RUNNING IT WITH YES.

SARAH, YOU LOOK AT THE NOISE NOW YOU GOTTA SPEAK ON THE MIC.

SORRY.

IF YOU LOOK AT THE, IF YOU LOOK AT THE NOISE VIOLATION SYSTEM FROM 2021 TO 2020 WITH 2022, THERE WERE 15 CALLS.

SOME OF THEM FINE, SOME MAGISTRATE.

AND THAT HAD TO DO WITH THE BIG EVENT THAT ALEX FERNANDEZ CALLED CODE.

'CAUSE HE WAS COMING OUT OF PUBLIX AND HE HEARD THE WHOLE THING.

AND THAT WAS THE, THE ONE ON 2022.

THAT WAS THE BIG ONE.

RIGHT? THE ONE THAT THEY HAD THE MUSIC, THE STAGE, EVERYBODY IN SAN HEART HEARD IT.

WE DIDN'T CARE IN THE AFTERNOON, BUT WE DIDN'T KNOW HOW LONG IT WAS GONNA GO ON.

RIGHT.

BUT THERE WERE 15, SO YOU NEED TO LOOK AT THE LIST.

THAT'S NOT GONNA HAPPEN AGAIN.

RIGHT.

SO YOU NEED TO LOOK AT THE LIST BECAUSE THERE WERE NOISES EVEN THOUGH THERE WERE SOME RIGHT, SARAH.

BUT THAT'S A A DIFFERENT, BUT IT'S A DIFFERENT, AND THEY ALSO, I HEAR YOU, THERE'S STILL THERE VIOLATIONS OF NOISE.

I KNOW THAT.

WHETHER, WHETHER THEY SAID, OH, I DIDN'T, I CAN'T HEAR IT AS A CODE, BUT THERE WERE 15 OF THEM IN YOUR SYSTEM.

I, I WOULD ACTUALLY THINK THAT THIS IS GONNA BRING DOWN THE NOISE LEVEL EVEN DURING THE DAY BY ELEVATING THAT ROOFTOP AND MAKING IT EVEN A LITTLE, YOU KNOW, CLASSIER.

YOU'RE GONNA, YOU'RE GONNA BE BRINGING DOWN ALSO THE AMOUNT OF, OF OF, I MEAN, TO BE SUCCESSFUL IN A RESTAURANT.

AND THEY, THEY, THEY SHOULD KNOW IS SERVICE, GOOD FOOD AND GREAT COST.

THAT'S WHAT THEY SHOULD BE CONCENTRATING INSTEAD OF LIKE NOW HAVING A BAR UPSTAIRS AND ALL THE STUFF THAT WAS NEVER INTENDED TO BE IN A, IN A HOTEL.

ALL MARILYN, THAT DOOR, WE CLOSED THE, THE HEARING.

GO AHEAD.

YEAH.

UH, MARILYN FROM LAKE HARBOR, UM, I JUST WANNA MENTION SOMETHING, WHICH YOU ALL NEED TO BE AWARE OF.

WE HAD AN EXPERIENCE WITH THE HARBOR HOUSE, WHICH, YOU KNOW, IT'S A FANTASTIC PLACE.

WE, SARAH AND I SAT WITH THEM FOR HOURS AND HOURS EXPLAINING TO THEM, UH, YOU'RE VERY WELCOME IN SUNSET HARBOR, UH, THE FOOD, ALL THAT, BUT THERE IS NO ENTERTAINMENT IN SUNSET HARBOR.

I MEAN, WE SAID THAT TO THESE GUYS UNTIL WE WERE BLUE IN THE FACE, THEY OPENED THE RESTAURANT, BLAH, BLAH, BLAH.

NOW THEY WANT TO BRING ENTERTAINMENT TO THE RESTAURANT.

MM-HMM .

RIGHT? THAT IS, THAT IS THE NEW THING THAT THEY'RE, UH, STRIVING FOR.

THEY'RE, UH, BECAUSE THEY'RE ALL INDOORS.

THAT'S WHAT THEY'RE GONNA TELL YOU.

I'M SORRY BECAUSE IT'S ALL INDOORS.

YEAH.

BUT ANYWAY, GO AHEAD.

BUT, BUT, UH, BRIAN, THEY KNEW THAT THAT IS NOT ALLOWED.

NO, I KNOW.

I'M JUST TELLING YOU WHAT THEIR ARGUMENT IS.

THEY'VE COME TO ME ABOUT IT.

THE POINT IS, THEY GOT THEIR FOOT IN THE DOOR AND NOW THAT THEY'RE IN THERE AND THEY'RE BEING SUCCESSFUL, NOW THEY WANT TO BRING A PIANO AND THEY WANT TO BRING THIS AND THEY'RE LOBBYING THEIR COMMISSIONERS.

AND EVEN SOME PEOPLE IN THE NEIGHBORHOOD ARE SAYING THEY'RE GONNA RUN FOR COMMISSION, UH, JUST BECAUSE THEY'RE, YOU KNOW, UPSET THAT SUNSET HARBOR DOESN'T HAVE ENTERTAINMENT.

THAT'S WHAT I DON'T WANNA HAPPEN HERE.

MM-HMM .

YOU KNOW, WELL, THEY DON'T HAVE ENTERTAINMENT, SO NO, BUT, BUT YOU GIVE THEM THE FOOT IN THE DOOR AND THEN THEY'LL BE BACK HERE IN SIX MONTHS OR WHATEVER ASKING FOR THIS AND THEY'LL BE ASKING FOR THAT.

RIGHT.

AND THAT'S WHEN ALL THINGS RIGHT.

BUT THEN WE WOULD HAVE TO APPROVE THAT.

YEAH.

NO, BUT, BUT I'M TELLING YOU THAT'S, I UNDERSTAND.

IT'S, IT'S UPSETTING TO US THAT WE SIT DOWN.

IN THIS CASE, WE REALLY HAVEN'T NEGOTIATED WITH, UM, NIKKI BECAUSE THE, UH, PALM, UH, NEIGHBORHOOD HAS BEEN DOING ALL THE, YOU KNOW, BUT YOU KNOW, WE SIT DOWN WITH THESE PEOPLE FOR HOURS AND WE TELL THEM OUR NEEDS AND WE WANT THEM TO SUCCEED BECAUSE WE LIVE THERE.

I MEAN, I LOVE, I LOVE TO GO TO A BAR AND HAVE A DRINK.

MY GOD, I LOVE THAT.

BUT THEY CANNOT, I MEAN, THE, THAT TIME THAT THEY HAD, UH, IT WAS

[01:20:01]

DURING SPRING BREAK AND YOU COULD HEAR, HEAR THEM IN HIALEAH, THAT'S HOW NOISY THEY WERE, YOU KNOW, SO UNDERSTOOD.

BUT THIS IS A DIFFERENT OPERATOR.

BUT WE UNDERSTAND THAT TO BE CLEAR TOO, TO BE CLEAR THAT OUTDOOR ENTERTAINMENT IS PROHIBITED HERE.

CORRECT.

THEY CANNOT EVEN MAKE AN APPLICATION.

CORRECT.

THEY COULD MAKE AN APPLICATION FOR INDOOR ENTERTAINMENT, BUT NOT OUTDOOR IS THE INDOOR ENTERTAINMENT EX CAN YOU HEAR THAT FROM THE ROOF AT ALL? I, I, I DON'T KNOW.

I'VE NEVER, NO, NO, NO.

I DON'T, YOU DON'T HAVE ENTERTAINMENT.

YOU'RE NOT ALLOWED TO HAVE ENTERTAINMENT WHEN ASKING FOR IT.

NOW IF WE WANTED TO HAVE IT INDOORS, IT WOULD BE AGAIN, LIKE AGAIN, SHE MENTIONED PIANO.

WE MAY WANT TO HAVE A PIANO DOWNSTAIRS.

I DON'T THINK THAT WOULD BOTHER ANYONE.

CERTAINLY.

NO.

BUT ANYWAY, LET JUST ADDRESS SOME OF THE NOISE ISSUES.

AND I'M NOT FAMILIAR WITH, WITH THE HARBOR HOUSE.

I'M NOT INVOLVED WITH THAT.

BUT I, WE'RE NOT ASKING FOR ENTERTAINMENT.

UM, WE WOULD ONLY ASK FOR IT IN, IN THE INDOORS.

YOU KNOW, WHEN I, IT'S NOT EVEN PART THIS APPLICATION.

TO MELISSA'S POINT, I THINK THE ISSUES ARE NOISE.

SO I'LL FOCUS ON THAT.

I HAD SOME OTHER POINTS, BUT I'LL FOCUS ON THAT.

THANK YOU.

THE CONDITIONS ALREADY PROPOSED BY STAFF REQUIRED.

WE WERE GONNA OFFER IT ANYWAY, BUT THEY DIRECTIONAL SPEAKERS, WE'RE HAPPY WITH THAT.

THEY REQUIRE, UH, I THINK SOME MO MONITORING AND SOUND TESTING.

WE'RE FINE WITH THAT.

SOMETHING I JUST KIND OF THOUGHT OF WHILE DISCUSSING WITH YOU ALL, WE, THE, THE CODE AS YOU KNOW, ALLOWS, UH, YOU KNOW, GIVES STAFF THE ABILITY TO BRING US BACK IF THERE'S A VIOLATION.

BUT AS, AS YOU SAW WITH THESE OTHER ONES, THEY DIDN'T COME BACK.

I'M HAPPY TO PUT A CONDITION IN HERE THAT IF WE GET ONE NOISE VIOLATION, WE WILL COME BACK AUTOMATICALLY.

THAT STRENGTHENING IS WHAT'S ALREADY THERE.

BECAUSE AS YOU SAW IN THIS PARTICULAR BUSINESS, THEY DIDN'T COME BACK.

AND I DON'T KNOW WHY, BUT IT'S LONG PAST.

BUT WE'RE HAPPY TO COME BACK AFTER ONE JUST TO, TO, YOU KNOW, WE'RE HOPING WE DON'T HAVE ONE.

BUT, BUT JUST TO STRENGTHEN THIS, UM, THE ALL WE'RE ALLOWED TO HAVE HERE IS AMBIENT NOISE.

NICK'S NOT GOING TO SPEND THE AMOUNT OF MONEY HE'S GONNA SPEND TO OPEN THIS RESTAURANT TO START CREATING PROBLEMS AND HAVE TO CLOSE.

HE WANTS THIS TO BE SUCCESSFUL.

I KNOW IT'S NOT, THERE'S ELEMENTS ABOUT THIS THAT MAKE IT SEEM LIKE IT'S NOT TRADITIONAL RESTAURANT, BUT IT'S JUST A TRADITIONAL RESTAURANT EXPERIENCE THAT'S EVOLVED IN A DIFFERENT WAY BECAUSE OF THE SPACE.

AND FINALLY THE BAR UPSTAIRS IS, I'VE PUT A CONDITION INTO THAT WE'RE OFFERING THAT IT WON'T BE THE BAR THAT YOU GUYS ARE CONCERNED ABOUT SERVICE BAR PEOPLE CAN EAT AT THAT TABLE, BUT IT'S NOT GONNA BE THE SCREAMING TYPE OF BAR THAT, THAT, SO WE DON'T HAVE NOISE THAT'S GONNA BE LOUD.

YOU WOULD CONVERT THAT TO A FULL KITCHEN.

CORRECT.

WE, WE, WE, WE AGREE TO THE CONDITION THAT, THAT WE WON'T OPEN THE ROOFTOP TILL WE HAVE A, A KITCHEN UP THERE.

AND I'M HAPPY TO, ALRIGHT.

I WANNA GIVE SOME OTHER BOARD MEMBERS A CHANCE.

THANK ANYWAY.

SEE, I'M SORRY, I DON'T MEAN TO, I I KNOW THERE'S A PROCESS.

ALL LAST COMMENT.

THERE'S BEEN MUCH DEVELOPMENT IN THIS ONE MEETING.

GO AHEAD.

I JUST WANNA SAY, GO AHEAD.

THE, THE AMBIENT STANDARD IS UNENFORCEABLE.

IT'S AMBIGUOUS.

IT'S SOMEONE BEING IN THE SPACE AND TRYING TO HAVE A CONVERSATION AND DETERMINING WHETHER THEY CAN HAVE A CONVERSATION.

UM, IT ALSO DOES NOTHING TO ADDRESS THE WAY SOUND TRAVELS.

SO WHEN YOU'RE ON A ROOFTOP, SOUND TRAVELS MUCH MORE EASILY.

AND SO YOU CAN BE AMBIENT AND WE CAN STILL BE HEARING IT IN YOUR NEIGHBORHOOD.

SO I, I WOULD JUST ASK THAT IF WE ARE GOING TO CONTINUE TO MAKE DECISIONS ON THIS AND NOT CONTINUE IT, THAT THE PLAINLY AUDIBLE STANDARD BE USED, WHICH IS THE ONE THAT ACTUALLY PROTECTS OUR ABILITY TO HEAR THE MUSIC.

AND FRANKLY, I, YOU KNOW, AGAIN, JUST HOLDS THEM ACCOUNTABLE, WHAT THEY SAY THEY'RE GONNA DO.

THERE'S A LOT OF LIKE, TRUST US, BUT DON'T HOLD US ACCOUNTABLE.

I WOULD MUCH PREFER WE TRUST THEM AND ALSO HOLD THEM ACCOUNTABLE SO THAT THEY CAN GET A NOISE VIOLATION BE BROUGHT BACK.

'CAUSE WHAT MICKEY ISN'T SAYING IS THAT IT WON'T BE VERY EASY TO GET THEM A NOISE VIOLATION IF WE APPROVE IT AS IS.

SO ANYWAY.

OKAY, THANKS SCOTT.

ANY QUESTIONS OR? YEAH, UM, I MEAN, I DON'T THINK THERE'S ANY, ANY QUESTION UP HERE AS TO THE, THE QUALITY OF THE OPERATOR.

UM, YOU KNOW, I HAVE NO DOUBT THAT THE RESTAURANT'S GONNA BE OPERATED, UM, AS, AS, UH, AS THEY SAY.

UM, BUT YOU KNOW, MICKEY, WHEN WE SPOKE, I SAID EXACTLY WHAT, WHAT, UM, JOHN FROM PALMVIEW SAID, YOU KNOW, THERE'S GOTTA BE SOME CONDITIONS IN THERE THAT HOLD YOU ACCOUNTABLE, HOLDS YOU UP TO THAT.

UM, YOU CAME UP WITH A NUMBER OF 'EM THAT I THINK ARE GOOD.

UM, I THINK SOME OF THE ONES THAT PALMVIEW IS REQUESTING ARE GOOD AS WELL.

AND, AND THE ONE OF ONE OF 'EM THAT I THINK, AT LEAST FOR ME IS A, IS IS SOMETHING THAT IF IT'S NOT IN THERE, IT'S, IT'S A NON-STARTER.

IT'S THE PLAINLY AUDIBLE.

IT SEEMS LIKE WE'RE MOVING IN THAT DIRECTION ON A LOT OF OTHER, UM, UH, PROJECTS, THINGS GOING ON IN THE CITY.

I THINK WE'RE PUTTING THAT INTO A LOT OF OTHER CS.

SO HONESTLY, WITHOUT THAT, I'M, I WOULDN'T BE IN FAVOR OF IT, UM, OF THIS APPLICATION.

THE, UM, I DID LIKE THE ONE ABOUT THE, A CERTAIN PERCENTAGE OF, OF, UM, REVENUE COMING FROM THE ROOFTOP, UM, SHOULD BE FOR FOOD.

BUT I DO UNDERSTAND THAT MIGHT BE A LITTLE DIFFICULT TO, TO, UM, AUDIT.

UM, BUT I THINK YOU PUTTING A KITCHEN UP THERE, UM, WILL HELP.

UM, IT SHOWS THAT YOU DO WANNA KEEP IT AS A KITCHEN, UH, I'M SORRY, KEEP IT AS A RESTAURANT MAINLY.

UM, YOU KNOW, YOU, YOU, WE SEE THIS GOING ON IN THE CITY ALL THE TIME, YOU KNOW, THINGS,

[01:25:01]

POOL PARTIES, THINGS LIKE THAT.

AND THAT'S THE CONCERN.

WE DON'T WANNA SEE THAT.

UM, THE NEIGHBORS DON'T WANNA SEE THAT.

AND, AND WE NEED TO PUT SOME CONDITIONS IN IN THIS ORDER THAT, THAT PREVENT THAT.

AND EVEN WITH THESE, WHO KNOWS WHAT, WHAT'S GONNA HAPPEN.

UM, SO I MEAN, I, I'M O YOU KNOW, LIKE I SAID, I, THE PLAINLY AUDIBLE HAS TO BE IN THERE.

UM, I'M, AND IF THAT'S IN THERE, I'M OKAY WITH, WITH THE HOURS YOU'RE PROPOSING BECAUSE IF YOU KNOW YOUR NEIGHBORS CAN'T HEAR YOU, I MEAN, FOR ALL I'M CONCERNED, YOU CAN BE 24 HOURS A DAY.

UM, SO, UM, I'M OKAY WITH, WITH THE HOURS.

UM, LET'S SEE.

UH, AND AS STAFF SAID, THERE'S NO, YOU CAN'T GET A SPECIAL EVENT HERE ANYWAY, SO I'M ASSUMING THAT'S PART OF IT.

UM, I, I MEAN I, I LIKE TO HEAR WHAT THE REST OF THE BOARD THINKS.

I IDEALLY, YOU KNOW, IF THERE'S TOO MUCH BACK AND FORTH UP HERE AND WE CAN'T COME TO A DECISION, I WOULD ENCOURAGE YOU TO, UM, SIT WITH THE NEIGHBORS OF PALM VIEW AND, AND MAYBE SUNSET HARBOR AND TRY TO WORK SOMETHING OUT.

UM, YOU, IF WE DON'T WORK SOMETHING OUT HERE TODAY, YOU'LL PROBABLY HAVE A SORT OF A DIRECTION TO GO IN.

UM, BUT THAT'S WHERE I STAND ON THIS, JONATHAN.

YEAH, I MEAN, I, I THINK, I MEAN, I THINK WE CAN FIND A WAY TO MAKE THIS WORK.

UM, I THINK IT'S IN EVERYBODY'S INTEREST TO MAKE THIS WORK BECAUSE AS MANY PEOPLE IN YOUR NEIGHBORHOOD THAT THERE ARE WHO DON'T WANT ANY NOISE, THEY ALSO WANT A GREAT RESTAURANT THERE.

SO, UM, ONE OF THE, YOU KNOW, THERE'S A MILLION DIFFERENT THINGS.

I DO AGREE THAT THIS SHOULD BE CONTINUED SO THAT WE CAN WORK OUT SOME OF THESE DETAILS.

I'M HAPPY TO SIT WITH YOU ALL AND KIND OF GO BACK AND FORTH TO HELP THE PROCESS IF YOU WANT.

UM, YOU KNOW, THE, THERE'S DIFFERENT WAYS TO KIND OF PLAY WITH THE DIFFERENT FACTORS HERE.

NUMBER ONE, STARTING WITH IF THERE'S NO NOISE HEARD FROM YOUR NEIGHBORHOOD, THEN PRETTY MUCH ALL YOUR COMPLAINTS GO AWAY.

UM, AND SO LET'S START WITH THAT AND WORK BACKWARDS FROM THERE.

SO, YOU KNOW, WHAT ADDITIONAL SOUND ATTENUATION DEVICES CAN WE IMPLEMENT, WHETHER IT'S FOLIAGE, WHETHER IT'S SOME SORT OF, YOU KNOW, FOLIAGE SCREEN, NOT BLOCKING THE SUNSET, OF COURSE.

UM, BUT YOU KNOW, AND THEN, YOU KNOW, OBVIOUSLY, YOU KNOW, THERE'S AMBIENT NOISE, YOU KNOW, AMBIENT SPEAKERS, BUT, UH, YOU KNOW, SOUND LEVEL, IF IT MEANS BRINGING THAT DOWN A LITTLE BIT LOWER, OBVIOUSLY YOU DON'T WANT LIKE A AWKWARD SILENCE UP THERE, BUT IF IT MEANS BRINGING IT DOWN A LITTLE BIT LOWER SO THAT IT CAN'T BE HEARD, THEN MAYBE THAT'LL, THAT WORKS.

UM, I, I AGREE.

THE SOUND STUDIES ARE DIFFICULT, RIGHT? THE SOUND STUDIES ARE GONNA BE BEFORE THERE'S 150 PEOPLE UP ON THAT ROOFTOP.

UM, AND SO THAT'S THE CHALLENGING ASPECT FOR YOU ALL, I GUESS, TO, TO COME UP WITH A SOLUTION TO MAKE SURE THAT, YOU KNOW, YOU DO YOUR SOUND STUDY, YOU TEST THE AMBIENT NOISE, MAKING SURE THAT ONCE THERE ARE A LOT OF PEOPLE UP ON THAT ROOF THAT'S NOT BEING HEARD TO THE NIG BY THE NEIGHBORS.

UM, OTHER WAYS OF DOING IT, YOU KNOW, I DON'T KNOW WHAT TYPE OF MENU YOU'RE PLANNING ON SERVING, BUT IT SOUNDS LIKE YOU'RE HAVING GONNA HAVE A FULL KITCHEN UP THERE, WHICH IS GREAT.

WHETHER THAT MEANS A FULL MENU OR NOT, I THINK THE, THERE NEEDS TO BE SOMETHING ABOUT IN THE, YOU KNOW, IN THE CONDITIONS THAT THERE IS FOOD BEING SERVED.

IT'S NOT JUST A, YOU KNOW, IF YOU, UH, TAPA IS HERE AND THERE, IT'S LIKE ACTUALLY YOU CAN SIT DOWN AND HAVE A MEAL.

UM, I THINK, YOU KNOW, I, I GET THE SENTIMENT IN TERMS OF WANTING TO MONITOR THE, THE PERCENTAGES, BUT I THINK THAT'S SOMETHING THAT YOU, IN A YEAR OR TWO FROM NOW, YOU GUYS WON'T EVEN BE WANT, NOBODY'S GONNA WANT TO DO THAT ACTUALLY.

AND SO THAT'S WHY WE HAVE CONDITIONS, THAT'S WHY WE HAVE CODE ENFORCEMENT IN THE CITY TO KIND OF HELP MONITOR THESE THINGS.

AND SO YOU GUYS SHOULDN'T HAVE TO, YOU GUYS ARE JUST, YOU KNOW, UH, SO, UM, BUT, BUT BY PUTTING IN HAVING A FULL MENU OF SORTS UP THERE NOW, WHETHER IT'S THE SAME IDENTICAL MENU, YOU KNOW, I DON'T KNOW, UM, THAT'S SOMETHING THAT I THINK SHOULD BE DONE.

I DEFINITELY AGREE WITH HAVING THE KITCHEN BUILT, UH, BEFORE, BEFORE ANYTHING, UH, OPENS.

UM, I WANTED TO CLARIFY.

SO FOR THE BAR, YOU GUYS ARE GONNA, YOU HAVE TO BE SEATED AT THE BAR IN ORDER TO ORDER ANY DRINKS, RIGHT? SO I MEAN, THAT'S A, THAT'S A GOOD THING.

I MEAN, THE IDEA, I MEAN, I DON'T DUNNO IF YOU'VE BEEN TO, UM, LIKE SUGAR AT THE EAST HOTEL IN, IN DOWNTOWN, THAT'S NOT THE VIBE THAT ANYBODY WANTS, RIGHT? AND SO THE IDEA IS TO KIND OF LIKE CHIP AWAY FROM OF THAT, UH, IN A WAY, IN A WAY SO THAT IT'S A MUCH DIFFERENT ATMOSPHERE THAN THAT BECAUSE THAT'S WHAT EVERYBODY'S CONCERNED ABOUT.

UM, NO SPECIAL EVENTS IS THAT THAT'S ALREADY GIVEN.

UM, AND, UM, LEMME SEE.

SO IN TERMS OF THE NEW OPERATOR, UH, SO WHAT, THERE'S A CONDITION THAT THEY'RE AGREEING TO THAT IF THERE'S A NEW

[01:30:01]

OPERATOR, THEN THEN THE ROOFTOP HAS TO CLOSE, UM, UNTIL A NEW OPERATOR IS APPROVED BY THE PLANNING BOARD.

I GUESS ONE, IS THERE ANY WAY TO MAKE THAT A LITTLE BIT STRONGER IN THE SENSE OF LIKE, YOU KNOW, THAT THE CUP WILL AUTOMATICALLY REVERT BACK TO WHAT IT IS NOW? DOES THAT MAKE SENSE? BECAUSE I, YOU KNOW, WELL, YEAH, I THINK, I MEAN, UM, I THINK IT'S PRETTY CLEAR THAT, UM, IF THEY, IF THEY, IF THAT OPERATOR CEASES TO OPERATE UP THERE, THEN THEY CAN ONLY USE THE ROOFTOP POOL FOR HOTEL AND HOTEL GUESTS UP TILL THE HOURS THAT WERE PREVIOUSLY INDICATED.

UM, WHICH IS GREATER THAN WHAT, UM, IS PROPOSED RIGHT NOW.

SO, UM, IS THAT A CONDITION IN THE WELL THAT'S WHAT, THAT'S WHAT MICKEY HAD OFFERED, RIGHT? SO WE'RE GONNA, WE'RE GONNA ADD THAT.

YEAH.

OKAY.

UM, AND THEN, BECAUSE JUST JUST SO EVERYBODY KNOWS, SO TYPICALLY IF THERE'S A CHANGE OF OPERATOR, AS LONG AS SOMEBODY FILES AN APPLICATION AND PAYS THE FEES TO THE PLANNING BOARD, WE CAN APPROVE THE CHANGE ADMINISTRATIVELY.

IN THIS CASE, IT'S GONNA BE PRETTY CLEAR.

IT WILL BE CLEAR THAT THAT IS NOT THE CASE.

THAT ONCE THE OPERATOR OPERATION CEASES FOR THE CURRENT OPERATOR, THEN THE ROOFTOP POOL AREA, THE RESTAURANT SEATS CANNOT BE OPEN TO THE PUBLIC.

AND THAT WILL REQUIRE AN APPLICATION BACK TO THE PLANNING BOARD.

THAT'S FOUR P APPLICATION, THAT'S THEIR FOUR P THEY'RE ADDED.

YEAH.

UM, YEAH, BECAUSE OPERATORS MATTER, I MEAN, THAT'S IMPORTANT.

UM, IN TERMS OF THE, THE TIME, THE, THE TIME, THE SCHEDULE, I, I PREFER SORT OF, YOU KNOW, EASING INTO IT.

UM, I, I WAS THINKING WHAT I HAD WRITTEN DOWN WAS SORT WAS LAST SERVICE AT 10 ON, ON WEEKDAYS AND LAST SERVICE AT 11 ON WEEKENDS.

THAT WAY, YOU KNOW, PEOPLE CAN STILL BE UP THERE TILL MIDNIGHT.

YOU KNOW, EVERYBODY, EVERYBODY'S OUT BY MIDNIGHT.

BUT AT THE VERY LEAST, I MEAN, ONE OF THE CONCERNS FROM NEIGHBORS IS THAT YOU HAVE THE PEOPLE WHO ARE THERE LATER IN THE EVENING ORDERING DRINKS, THEY'RE THE MORE ROWDY ONES.

AND SO KIND OF TAKE, STEPPING THAT BACK, BUT I DON'T THINK ANYBODY, YOU KNOW, AGAIN, IT GOES BACK TO THIS ISSUE OF IF THERE'S NO NOISE, THEN NOBODY'S GONNA, THEN YOU GUYS CAN COME BACK AND ASK FOR THAT ADDITIONAL HOUR.

YOU KNOW, JUST, JUST TO BE CLEAR THOUGH, UM, JONATHAN, SO IF YOU'RE DOING THE LAST SERVICE AT 10, I MEAN, IT DOESN'T, IT KIND OF ACTUALLY IS LESS DEFINED, YOU KNOW, YOU SAY LAST SERVICE AT 10, BUT THEY CAN STAY LONGER AND EVEN PAST 11 O'CLOCK, ARE WE BETTER OFF? I THINK IT'S STILL, IT'S STILL CLOSED AT 11.

THE THE OR, OR, RIGHT.

SO IF THEY'RE CLOSED AT 11, IF THEY'RE CLOSING AT 11, THEY WON'T BE ABLE TO TAKE PEOPLE AFTER 10 ANYWAYS TO SERVICE.

WELL, IT'S ALWAYS BEEN A GRAY AREA, RIGHT? RIGHT.

BECAUSE IN ALL THESE PLACES, WHAT DOES CLOSED MEAN? WE'RE NOT SERVING ANYMORE.

BUT ARE YOU KICKING PEOPLE OUT? SO, YOU KNOW, I I I DON'T KNOW WHAT THE ACTUAL REGULATIONS, I THINK YOU'RE STILL ENJOYING YOUR, HERE, IT'S PRETTY DEFINED THAT THE RESTAURANT YEAH.

SHOULD BE CLOSED.

I THINK IT SHOULD BE CLOSED.

THEY'RE CLOSING THEIR DOORS.

I THINK LIVE SERVICE IS MORE CONFUSING THAN THERE.

YEAH.

BUT A RESTAURANT CAN BE CLOSED, BUT STILL BE HAVING PEOPLE ENJOYING THE REST OF THEIR MEAL.

I JUST CAN'T ORDER ANYTHING ELSE.

NICK IS NO, I THINK WHEN A RESTAURANT IS CLOSED, EVERYONE'S OUT.

EVERYONE'S OUT.

RIGHT.

AND SO, LISTEN, I I THAT'S FINE.

SO I'M JUST SAYING LET, WE CAN KEEP THE, YOU KNOW, I'M SAYING LAST SERVICE AT 10 ON WEEKDAYS AND CLOSE AT 11.

LIKE, WELL, IF YOU, IF YOU HAVE AN END CLOSE DATE, I DON'T THINK IT MATTERS WHEN YOU SERVE LAST BECAUSE AT 10 40 OR AT 1140 AT 10 45, SOMEBODY'S ORDERING ONE LAST TEQUILA SHOT.

THEY GOTTA BE CLOSED AT AT 11.

SO THINK, I THINK, I THINK THAT IF WE JUST KEEP THE CLOSING TIME, THEN YOU KNOW, THEY, YEAH, I THINK IT'S NOT NECESSARY TO ANOTHER LEAVE IT UP TO THEM TO DECIDE THEIR SLEEP CERTAIN ON A HILL.

I'M GONNA CLOCK 10.

RIGHT.

RIGHT.

SO, UM, SO JUST THOSE ARE, THOSE ARE MY, MY THOUGHTS.

UM, I, I THINK THERE'S A WAY TO WORK THIS OUT.

I JUST, THE, THE KEY IS THE SOUND STUDIES.

I GET IT.

WE'VE DEALT WITH OTHER, UH, CLIENTS OF MICKEY'S WHERE WE'VE HAD SOUND STUDIES THAT, THAT WORK AND DON'T WORK.

RIGHT.

SO THAT'S GONNA BE A HUGE FACTOR IN THIS.

UM, BUT, AND SOUND ATTENUATION, I MEAN THEY, THEY, THEY'VE COME A LONG WAY, UM, IN TERMS OF BARRIERS OR, YOU KNOW, A LITTLE, YOU KNOW, WHATEVER THEY SET UP.

THE, THE ONLY OTHER THING I, I QUESTION IS THE AMOUNT OF PEOPLE, UM, THAT YOU'RE PLANNED TO HAVE UP THERE.

I MEAN, THAT'S A LOT OF PEOPLE ALL SEATED.

SO IT'S GONNA BE, THAT MEANS A LOT OF SERVERS GOING BACK AND FORTH AND, AND A BIG OPERATION UP THERE.

AND SO I GUESS I HAVE A QUESTION OF OF, YOU KNOW, IS THAT REALLY, GIVEN THE SPACING UP THERE, IS THAT MANAGEABLE SO THAT IT'S NOT, AND DOESN'T END UP BEING PEOPLE STANDING UP AND STANDING AROUND? I KNOW THAT'S NOT THE PLAN, BUT, UH, IT'S A LOT OF PEOPLE OUT THERE.

SO I DON'T KNOW WHAT YOU CAN DO IN TERMS OF THE NUMBERS OF LIKE THINNING IT OUT A BIT.

SO TO THAT POINT WE TALKED ABOUT THAT IT, IT'S A LARGE SPACE AND WHEN YOU DO WALK LOADS, YOU HAVE TO ACCOUNT FOR THE SPACE.

IF YOU DON'T PUT TABLES THERE, THEN YOU HAVE TO ACCOUNT FOR STANDING AREA.

WE DON'T WANT STANDING AREA.

YEAH.

SO IT, IT MAY BE JONATHAN THAT IT'S SO SUCCESSFUL THAT THAT ROOFTOP IS FULL ALL THE TIME.

IT MAY BE THAT WE END UP, YOU KNOW, PARTITIONING OFF HALF OF IT

[01:35:01]

AND IT DOESN'T GET USED AS MUCH AS WE, BUT IT'S HARDER TO ASK FOR MORE THAN LESS.

SO WE WANTED TO HAVE THE OPPORTUNITY TO EXPLORE IT.

AND IT MAY BE THAT IT DOESN'T, NOT FULLY OCCUPIED ALL THE TIME.

WHAT ARE THE PLANS, BECAUSE I SEE THAT IN INCLUDED IN THE SEATING ARE THE POOL CHAIRS.

SO THAT'S RIGHT.

THAT TAKES AWAY, BUT ARE YOU PLANNING ON LIKE REMOVING THE POOL CHAIRS AND PUTTING NO, NO, NO.

THE POOL CHAIRS WOULD SAY THAT'S NOT GONNA BE A RESTAURANT AREA.

SO IT'S BETTER FOR THE NUMBERS.

I MEAN, IT TAKES AWAY SOME SO SHIELD.

OKAY.

I, I'LL BE QUICK.

UH, I'M SUPPORTIVE OF KEEPING IT, KEEPING THE HOURS OF THE APPLICANT SUGGESTED, ASSUMING THAT WE COULD ALL COME TO AN AGREEMENT ON THE SOUND, WHETHER THAT'S PLAINLY AUDIBLE, BUT INSTEAD OF A HUNDRED FEET, MAYBE IT'S 200 FEET, WHATEVER KIND OF THAT DISTANCE IS BETWEEN THE COMMERCIAL DISTRICT AND WHERE THE RESIDENTIAL DISTRICT STARTS.

UM, QUESTION I HAD WAS OBVIOUSLY IT'S A PRETTY SIGNIFICANT INCREASE OF OCCUPANCY WITH OUTSIDE, UH, PATRONS NOW COME IN.

SO HAS THERE BEEN A PARKING PLAN THAT'S BEEN UPDATED TO ACCOMMODATE THAT? OR THAT'S TBD, JUST PARKING, QUEUING, VALET OPERATION, THINGS LIKE THAT.

SO I'M, YEAH, I'M, I'M GLAD YOU'RE RAISING PARKING BECAUSE THE DYNAMIC HAS SHIFTED SUCH THAT, UM, HOTEL GUESTS, UM, SO OUR PARKING, I'LL GIVE YOU AN EXAMPLE.

SO WE OWN THE MARRIOTT AND WE OWN THE KIMPTON.

BOTH HOTELS RUN CONSISTENTLY IN THE MID SEVENTIES TO MID EIGHTIES OCCUPANCY.

OUR VALET OPERATOR HAS GIVEN US STATISTICS, WHICH WHILE WE ARE RUNNING 75, 80 5% OCCUPANCY, MORE OR LESS, OUR PARKING GARAGES ARE 25 TO 35% OCCUPIED DURING, DURING THE YEAR.

SO WE HAVE SIGNIFICANT PARKING TO ABSORB, UM, YOU KNOW, OBVIOUSLY THE RESTAURANT AND, AND THE USES.

UM, SO THE NICE THING ABOUT IT ALSO IS THAT WE BASICALLY, WE HAVE THE SAME VALET OPERATOR, RIGHT.

THAT RUNS OUR PROPERTIES.

'CAUSE WE HAVE ECONOMIES OF SCALE AND UM, AND THEY, YOU KNOW, THEY ARE WORKING WITH THE BOTH PARKING GARAGES.

SO TO ANSWER YOUR QUESTION, YES, WE HAVE ADDRESSED THE PARKING AND WE HAVE ADEQUATE QUEUING AND WE HAVE ADEQUATE MORE THAN ADEQUATE PARKING.

AND IF WE WANT TO INTRODUCE LANGUAGE THAT THERE SHALL BE NO QUEUING OR WHATEVER IT IS.

I ASSUME BECAUSE OF YOUR, YEAH.

SO WE HAVE PERSON VACANCY.

YOU'D BE OKAY WITH THAT? YEAH, WE HAVE, WE HAVE A BIG, UM, YOU KNOW, DRIVE DRIVEWAY AREA SUCH THAT THERE'S, YOU KNOW, NO THERE BE AN ISSUE EXTERNAL QUE SO I'D ALSO WANT TO INTRODUCE LANGUAGE THAT THERE SH YOU KNOW, SHALL NOT BE ANY QUEUING.

UM, I MEAN, I THINK, UH, MAY SEE ANYTHING ELSE.

OH, UH, JUST QUALIFYING THE RESTAURANT MENU.

SO I THINK OTHER PEOPLE HAVE SPOKEN ABOUT IT, BUT IT SHOULDN'T JUST BE RESTAURANT MENU.

THERE SHOULD BE SOME TYPE OF QUALIFIER.

I KNOW YOU'RE GONNA INVEST SIGNIFICANT MONEY INTO A PROPER KITCHEN, BUT THERE SHOULD BE AN ACTUAL QUALIFIER.

MAKE SURE THAT'S A SUBSTANTIVE RESTAURANT MENU VERSUS SOME YES, A HUNDRED PERCENT.

IT WILL BE A SUBSTANTIVE RESTAURANT MENU.

UH, SO I DUNNO HOW TO QUALIFY THAT, BUT I'LL THROW THAT BACK TO THE CITY.

RIGHT.

OBJECTION.

WE JUST INTERRUPT.

UM, GISELLE JUST, UM, NOTED THAT UNDER, ON PAGE 48 OF THE BOARD PACKAGES UNDER CONDITION, UM, THREE, 3G UM, BASICALLY SAYS THE A THREE H THREE H THE FACILITY SHALL MAINTAIN SUFFICIENT VALE RUNNERS TO ENSURE THAT THERE'S NO QUEUING OF VEHICLES ON THE PUBLIC RIGHT OF WAY.

PERFECT.

CAN I, I THINK THAT THAT SHOULD BE TIGHTENED A LITTLE BIT.

'CAUSE WE'VE SEEN OTHER PROPERTIES WHERE IT'S TO ENSURE THAT THERE IS NO QUEUING, BUT IF THERE IS QUEUING THAT'S NOT NECESSARILY A VIOLATION UNDER THE CODE, UNDER THE CUP, MAYBE IT SHOULD SAY THERE SHALL NOT BE QUEUING A VEHICLE.

IN ADDITION IN ADDITION TO THAT.

JUST ADDING INTO IT'S A LITTLE BIT, IT'S A BIT STRONGER.

I, I'D SAY, I MEAN, CAN YOU REMIND ME? I I JUST, I I HAVE A VISUAL OF THE, THE HOTEL THAT, UM, FROM ALTON ROAD, THERE'S A DRIVEWAY IN IT.

YES.

SO BASICALLY THE DRIVEWAY'S WITHIN THE, THE, THE DRIVEWAY'S WITHIN THE PROPERTY, HOW MANY CARS CAN, CAN, CAN GET INTO THAT SPACE.

SPACE, CAN CAN YOU INTO THAT? YEAH.

A LOT OF CARS.

I DON'T KNOW EXACTLY, BUT IT'S, IT'S AT LEAST 10.

OKAY.

AT LEAST 10 CARS PATROL.

SO MICHAEL, THEY'D LIKE YOU TO CHANGE THAT TO SHALL NOT QUEUE.

OKAY.

IN ADDITION TO THE SHOULD NO QUEUING SHALL BE PERMITTED IN ADDITION TO THE PLAINLY AUDIBLE AND KIND OF FIGURING OUT WHAT THAT DISTANCE IS BETWEEN COMMERCIAL DISTRICT AND RESIDENTIAL DISTRICT AND SOUND FAST.

SO THAT'S OF SOME SORT SOUND, SOME SORT OF SOUND ATTENUATION.

WELL, FOR COMMENT, ANYTHING I, YOU, ARE YOU GONNA CALL SORRY, GO AHEAD.

UH, I THINK THAT THE PALM VIEW NEIGHBORHOOD, I THINK IS, IS IT 500 FEET AWAY OR 200 FEET? 250 FEET AWAY? I THOUGHT IT WAS MORE, UM, I THOUGHT IT WAS MORE, BUT I GUESS WE COULD, YOU KNOW, I THINK IT'S IMPORTANT THAT WE, YOU KNOW, THAT THIS IS A CASE WHERE THE BUILDING IS THERE, WE CAN PERFORM THE SOUND TEST.

SO IF THERE'S A, IF THERE'S A NOTION TO CONTINUE THIS APPLICATION, WELL MICHAEL, DON'T, DON'T GO THERE.

'CAUSE I DON'T THINK THAT'S FAIR TO THE APPLICANT.

UNLESS WE REALLY CAN'T COME TO RESOLUTION.

RIGHT.

BECAUSE I THINK WE CAN, I THINK WE'RE PRETTY CLEAR ON THE, WHAT I WOULD SAY IS, LET ME ASK MICKEY, GO AHEAD.

WILL, WILL IT, WILL IT DELAY THIS PROJECT IF THIS HAS CONTINUED A MONTH? I, I I DON'T WANT TO PUNISH THE APPLICANT.

MAKE YOU WAIT.

PROBABLY.

YEAH.

I MEAN HE, HE WANTS TO OPEN THE BEGINNING OF THE SUMMER.

[01:40:01]

UM, AND SO HE'S FULLY OPERATIONAL, CAN'T CONTINUE THE FIRST I'VE HEARD THAT IT'LL OPEN A MONTH LATER.

YOU HAVE TO DESIGN THE KITCHEN STILL.

I MEAN, YOU HAVE TO, IT'S GONNA TAKE YOU SOME TIME TO DESIGN THE KITCHEN AND GET IT PERFECT.

WELL, BUT I DON'T DUNNO IF THEY'RE GONNA DO THE KITCHEN IF WE DON'T LATER.

THEY'RE WHOLE, THE WHOLE REASON FOR US BEING HERE TODAY WAS BEFORE WE DIVE INTO FAR REGULATIONS, DESIGN AND DRAFTING AND BUILDING A KITCHEN, WE NEED TO MAKE SURE WE CAN USE THE SPACE FIRST BEFORE WE BUILD THE KITCHEN.

RIGHT? SO YOU WANT A RESOLUTION THAT'S WHOLE PURPOSE.

ONCE WE KNOW WE CAN DO IT.

YEAH.

THEN WE CAN START THAT PROCESS.

ALRIGHT.

THE RESTAURANT ON THE GROUND FLOOR IS HOPING TO BE OPEN BY THE BEGINNING OF SUMMER, RIGHT? BECAUSE WE'RE DOING, WE'RE IN THE PROCESS OF PERMITTING RIGHT NOW FOR THAT.

BUT AS WE'RE DOING THAT, WE WANT START IT ON, WE WANT IT TO START ON THIS PROCESS BECAUSE WE KNOW IT'S GOING TO BE A LENGTHIER PROCESS TO GET I AGREE.

I ALL THE PIECES OPEN, I, I THINK I HAVE, IN ADDITION TO ALL THESE CONDITIONS, AND I CAN'T EVEN READ HOW MUCH I WROTE HERE, BUT I THINK THE ONE THING I THINK JONATHAN AND YALE BOTH HIT ON IT, THEY'RE 250 FEET AWAY.

WE HAVE A HUNDRED FEET PLAINLY OLIVE AUDIBLE AFTER 11 BY CODE ANYWAY.

CAN WE SAY, JUST BECAUSE THAT WAY THEY DEFINITELY WON'T HEAR IT ALL OTHER HOURS THAT THE RESTAURANT IS OPEN PLAINLY.

OLIVE, AUDIBLE, 250 FEET.

THAT MEANS IF THEY CAN HEAR IT IN THEIR NEIGHBORHOOD, BUT THAT'S WHERE THEY ARE.

THAT THAT'S FAIR.

I JUST DON'T WANT THEM HEARING IT.

I MEAN, I'M, WE'RE OKAY WITH THAT.

I JUST, A HUNDRED FEET, I'VE, I'VE ALWAYS HAD ISSUES WITH, IT'S VERY TENUOUS.

YOU GOOD WITH THAT, JOSH? 50.

THAT'S OKAY.

THAT'S REASONABLE.

OKAY.

CAN I, WELL THE, HOW, HOW MANY FEET AWAY ARE THE SUNSET HARBOR TOWERS? MORE THAN TWO FAR.

THAT'S 50 VERY FAR.

CLOSEST ONE, RIGHT? YEAH.

THE LOT CLOSEST ONE.

AND IT'S A HUNDRED FEET, BUT THEY'RE FACING THE OTHER WAY AFTER 11 ANYWAY.

ALRIGHT.

ANY OTHER COMMENTS FROM ELIZABETH, MELISSA? 'CAUSE OTHERWISE YOU HEAR US GONNA MAKE A MOTION.

I'M GOOD WITH.

OKAY.

I'M GOOD WITH, WITH JONATHAN'S AND MICHELLE'S.

I, I'M, I THINK WE'RE THERE.

ALRIGHT.

MICHELLE, MAKE A MOTION.

OKAY.

SO I'D LIKE TO MAKE A MOTION TO APPROVE, UH, TO APPROVE THIS ITEM WITH THE PROPOSED ADDITIONAL CONDITIONS PROFFERED BY THE APPLICANT.

UH, BUT ADDING IN LANGUAGE, UH, TO ENSURE THAT I GUESS NOISE SHALL NOT BE PLAINLY AUDIBLE WITHIN 250 FEET, UH, OF THE PROPERTY.

UM, I WOULD SAY 250 FEET OR MORE.

250 FEET OR MORE.

OKAY.

PERFECT.

UH, CHANGING THE QUEUING TO SAY THAT THERE SHALL NEED, THAT THERE SHALL BE NO QUEUING IN THE PUBLIC RIGHT OF WAY.

NOT JUST TO ENSURE AND ADDING THE REQUIREMENT OF THE KITCHEN.

ADDING, ADDING THE REQUIREMENT OF A PROPER, OF A PROPER, YOU KNOW, RESTAURANT QUALITY KITCHEN BEFORE THEY ON, ON THE ROOFTOP.

CAN WE SAY TO SERVE THE ROOF, IT MAY JUST BE LIKE A FOUR BELOW OR ON THE ROOF.

JUST WANNA MAKE SURE I HAVE, YOU KNOW, I WOULD SAY A DEDICATED TO BE DEDICATED SERVE, BUT, BUT FOOD SHALL NOT BE DELIVERED THROUGH AN ELEVATOR.

MEANING IF, IF THEY'RE WALKING IT UP, IF THE BAR, THE BAR NEEDS TO BE CLOSED ON THE ROOF.

SO EVERYTHING, MEANING WE ADDING THAT AS A CONDITION, NOT A PROBLEM.

YEAH.

YOU PROFFERED IT, WE'RE GONNA ACCEPT IT.

NO, NO, ABSOLUTELY.

OKAY.

AND, AND THAT, UH, A RESTAURANT MENU SHALL BE AVAILABLE SUBSTANTIVE DURING, DURING OPERATING HOURS.

BUT AGAIN, I, I'LL DEFER TO STAFF OR THE ATTORNEYS HERE.

HOW DO WE ENSURE THAT'S A SUBSTANTIVE RESTAURANT? JUST SAY SUBSTANTIVE RESTAURANT MENU Y YOU CAN SAY THAT.

I, THE REASON I DIDN'T PUT, BECAUSE IT, IT'S PROBABLY GOING TO BE SLIGHTLY DIFFERENT.

IT, I THINK IT'LL BE PROBABLY, I JUST WANT SURE THAT IT'S, IT'S MEANINGFUL.

YOU'RE NOT WORD APPETIZERS.

IT'S NOT GONNA BE LIKE FIVE APPS.

IT'LL BE A REAL MENU.

SO SUBSTANTIVE I THINK WORKS.

OH, HE, HE'S A PRO.

SO AGAIN, I'M SURE WHATEVER I SAY, THEY'LL, THEY'LL, YOU KNOW, SATISFY.

BUT YEAH.

YEAH.

MAYBE HILEL, WE COULD SAY AS ON THE MENU IS SUBJECT TO THE APPROVAL OF STAFF, THAT IT'D BE A FULL MENU.

YEAH.

OKAY.

AND NOT JUST, SO I HOPE YOU LIKE ITALIAN.

WHAT STANDARD? I JUST DON'T KNOW WHAT THE STANDARD IS.

I'D LIKE IT.

I I THINK SOMETHING I SAID THEY DON'T LIKE ITALIAN.

I DON'T KNOW.

HAVE YOU HAD SOMETHING LIKE THIS BEFORE? WELL, IT HAS TO MEET THE DEFINITION OF A RESTAURANT.

SO IT'S UP TO, YOU KNOW, THEY HAVE TO HAVE THE, THE KITCHEN OF SUFFICIENT SIZE TO MEET THE OCCUPANCY THAT'S PROPOSED.

SO THAT'S SOMETHING THAT WE COULD INCLUDE THAT IT HAS TO MEET, IT HAS TO BE QUALIFIED AS A JUROR.

AND THAT'S DETERMINED.

THAT'S DEFINED.

RIGHT.

IT'S SUBJECT TO THE PLAN DIRECTOR.

RIGHT.

OKAY.

WE'RE OKAY.

WE'RE OKAY WITH THAT.

OKAY.

OKAY.

AND THEN IN FOUR P, UM, BY THE PUBLIC SHALL CEASE UNTIL THE NEW, NOT WILL, BUT SHALL CEASE UNTIL THE NEW OPERATOR IS APPROVED BY A PLANNING BOARD.

SO I JUST WANNA MAKE SURE THAT THIS GREAT OPERATOR GOES AWAY.

I MEAN, THAT DAY EVERYTHING STOPS THAT DAY.

EVERYTHING STOPS.

NOT EVERYTHING.

JUST A PUBLIC OPEN ROOF.

THE HOTEL AND THE RESTAURANT.

FOUR P, THE WORD WILL CORRECT CHANGE THE SHALL THE ONE LAST THING I JUST WANNA MENTION ON THE ROOFTOP BAR AREA IN TERMS OF THE CONDITION SUBJECT TO THE REVIEW AND APPROVAL OF THE PLANNING DIRECTOR, BECAUSE I NEED TO MAKE SURE THAT, THAT THIS IS, THAT THIS DOES NOT MEET THE DEFINITION OF AN OUTDOOR BAR CALENDAR.

SO I WANNA MAKE SURE THAT THAT'S RIGHT.

UNDERSTOOD.

OBJECT TO SUBJECT REVIEW BY THAT'S GOOD POINT.

UH, PLANNING DIRECTOR.

YEP.

AND I THINK WITH OUR QUALIFICATIONS IT DOES, BUT I'M HAPPY TO TO AGREE TO THAT.

UH, AND THEN JUST AGAIN, A QUESTION TO KIND OF THE RESIDENT GROUPS HERE, DOES THAT HOPEFULLY SATISFY YOUR CONCERNS? AND IF, AND IF THERE'S VIOLATIONS THEY COME BACK BEFORE US, WHAT ARE, I MEAN, THIS IS A COMPROMISE.

WE GIVE THEM THEIR CHANCE, RIGHT? IF THEY BLOW IT, THEY BLOW IT, BUT WITH THEIR CHANCE IT'S IN LINE WITH THE EXPECTATIONS.

CAN I JUST ASK? NO, WE PUT AS MANY RESTRICTIONS

[01:45:01]

AS WE CAN SOUND TESTING.

WE JUST WANT THEM TO BE SUCCESSFUL AND, AND ALSO TAKE CARE OF THE RESIDENTS.

BECAUSE ULTIMATELY WOULD SOUND, IS SOUND TESTING INCLUDED? 'CAUSE I MEAN, THAT SHOULD BE PART OF THE, A SOUND STUDY.

I THINK THERE WAS A MENTION SOUND STUDY IN HERE WASN'T, WE DON'T HAVE A SOUND TESTING CONDITION IN HERE.

WHAT, UH, I DON'T HAVE, WHAT'S THE CONDITION MICHAEL GAVE IN THE DIRECTIONAL? BECAUSE THERE'S SOMETHING ABOUT TESTING.

OH, WE CAN INCLUDE THAT UNDER CONDITION, UM, FOUR N WE INCLUDE THE, THE, THE TESTING OF THE SOUND SYSTEM SUBJECT TO REVIEW AND APPROVAL OF, UM, STAFF.

FINE.

OKAY.

ALRIGHT.

CAN I GET A SECOND? I'LL SECOND THAT.

OKAY.

YEP.

ALL IN FAVOR OF THAT? AYE.

AYE.

ANYONE OPPOSED? OKAY.

HOPE WE REACHED A GOOD COMPROMISE.

WE'LL SEE WHAT HAPPENS.

GOOD LUCK.

THANK YOU ALL FOR YOUR PATIENCE.

ENJOY THE REST OF YOUR DAY.

OKAY.

THANK YOU.

AND I APOLOGIZE TO EVERYBODY WAITING FOR THE VILLE PROJECT, BUT THAT IS NOW ON THE AGENDA.

SO WE WILL GO FORWARD WITH ITEM 16 PLANNING BOARD

[16. PB24-0708, 6701 Collins Avenue - NORTH BEACH OCEANFRONT OVERLAY DISTRICT COMPREHENSIVE PLAN AMENDMENT. Time certain of 10am or shortly thereafter]

[17. PB24-0693, 6701 Collins Avenue - DEVELOPMENT REGULATIONS FOR THE NORTH BEACH OCEANFRONT OVERLAY DISTRICT. Time certain of 10am or shortly thereafter]

FILE OH 7 0 8 AND 24 0 6 9 3 NORTH BEACH OCEAN FRONT OVERLAY DISTRICT COMPREHENSIVE PLAN, AMENDMENT AND DEVELOPMENT REGULATIONS FOR THE NORTH BEACH OVER OCEAN FRONT OVERLAY DISTRICT.

SO I'LL GIVE A BRIEF INTRODUCTION AND TURN OVER TO THE APPLICANT FOR THEIR PRESENTATION.

JUST IN TERMS OF THE PROCESS, BECAUSE THIS, UM, DOES INCLUDE AN INCREASE IN FAR FOR THE SITE, UM, THERE'S A SIX STEP REVIEW PROCESS THAT THIS, THESE ORDINANCES MUST GO THROUGH.

YES, SIR.

UM, STEP ONE OCCURRED ON NOVEMBER 26TH.

THE PLANNING BOARD, UM, REVIEWED THE INITIAL ORDINANCES AND CONTINUED THEM TO THE JANUARY 7TH MEETING AFTER THE PLANNING BOARD REVIEW.

UM, THE ORDINANCES, THE CODE REQUIRES A PUBLIC WORKSHOP TO BE HELD AFTER THAT.

THAT PUBLIC WORKSHOP WAS HELD ON DECEMBER 17TH OF LAST YEAR.

IN TERMS OF STEP THREE, WE ARE IN STEP THREE RIGHT NOW.

UM, STEP THREE WAS A CONTINUATION OF, UM, THE MEETING ON JANUARY 7TH WHERE THE APPLICANT REQUESTED A CONTINUANCE AND THERE WAS NO SUBSTANTIVE DISCUSSION OF THE ORDINANCES ON, UM, JANUARY 7TH.

AND JUST TO BE CLEAR, THIS, WE'RE GONNA TAKE TOGETHER PB 24 DASH 0 7 0 8, WHICH IS FOR 67 0 1 COLLINS AVENUE, WHICH IS A COMPREHENSIVE PLAN AMENDMENT AS WELL AS PB 24 DASH 0 6 9 3 FOR 67 0 1 COLLINS AVENUE, UM, DEVELOPMENT REGULATIONS FOR THE, UM, NORTH BEACH OCEANFRONT OVERLAY DISTRICT.

NOW, IN TERMS OF THE, UM, APPLICATION'S, REVISED PRESENTATION, LET THEM GO THROUGH CHANGES TO THE APPLICATION.

MOST NOTABLY, CHANGES TO THE, UM, TO THE PARTIALLY WE RECREATED OR REINTERPRETED, UM, NORTH TOWER OF THE DOVE, UM, SITE.

IN TERMS OF, UM, ADDITIONAL RECOMMENDATIONS BY STAFF, WE ARE JUST CONS.

WE WANNA MAKE SURE THAT THE, THE HO THE, UM, THE TOWER FOOTPRINT AND DIMENSIONS THAT ARE SHOWN FOR THE RESIDENTIAL PORTIONS, UM, THAT THOSE ARE SPECIFIED IN THE CODES.

WE ARE RECOMMENDING THAT THERE BE A INCLUSION IN THE CODE OF A MAXIMUM FLOOR PLATE FOR EACH OF THE NEW RESIDENTIAL TOWERS, NOT TO EXCEED 9,500 SQUARE FEET.

THIS IS CONSISTENT WITH WHAT THEY'RE PROPOSING, WHICH INCLUDES A FOR PLATE THAT RANGES FROM APPROXIMATELY 4,000 TO 9,000 SQUARE FEET.

SO IT'S 90 DIFFERENT THAN WHAT'S PROPOSED.

WE'RE RECOMMENDING THAT THERE BE IN, IN THE CODE, UH, UM, IMPLEMENTATION OF A MAXIMUM EAST WEST DIMENSION SO THAT THAT TOWER DOESN'T EXTEND, YOU KNOW, FURTHER TOWARDS THE OCEAN.

LET'S PROPOSED.

WE DON'T HAVE THAT DIMENSION.

SO WE JUST ASK THAT, THAT, THAT DIMENSION BE INCLUDED IN THE CODE SO THAT THERE'S NOT AN EXTENSION OF THE, UM, OF THE TOWERS, ESPECIALLY SINCE THEY ARE ASKING FOR A MODIFICATION OF THE CODE TO ALLOW THE TOWERS TO BE CLOSER TO THE, TO THE SOUTH PROPERTY LINE.

BUT AT SUMMARY, WE ARE RECOMMENDING THAT THESE ORDINANCES ARE TRANSMITTED TO THE CITY COMMISSION, BOTH WITH FABLE RECOMMENDATIONS, WITH THE MINOR MODIFICATIONS THAT I NOTED.

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

THANK YOU MR. MARTIN.

THANK YOU CHAIR.

UH, DAVID MARTIN, UH, UH, 3 3 1 0 MARY STREET, UH, COCONUT GROVE, FLORIDA.

UH, WANT TO THANK YOU ALL FOR YOUR TIME TODAY.

UH, THIS IS, UH, A VERY IMPORTANT PROJECT FOR THE CITY OF MIAMI BEACH AND FOR NORTH BEACH.

UH, UH, WE'VE BEEN, UM, YOU KNOW, REALLY WORKING WITH, UH, A LOT OF THE NEIGHBORHOOD GROUPS, UH, UH, MEETING AND, AND, AND EXPLORING WAYS ON, ON HOW TO, UH, DEVELOP THIS PROJECT AND THE, IN THE BEST POSSIBLE WAY FOR THE NEIGHBORHOOD AS WELL, AS WELL AS CATALYZE, UH, SOME OF THE, UH, COMMERCIAL DISTRICT AND REALLY LOOK AT SOME OF THE BENEFITS THIS PROJECT'S GONNA HAVE FOR THE REST OF THE NEIGHBORHOOD.

UH, JUST SO EVERYONE KNOWS, THERE IS A NORTH BEACH CRA.

SO, SO ALL THE INCREMENTAL TAX REVENUES FROM THIS PROJECT, WE'LL BE GOING THERE.

I ALSO WANTED TO MAKE A SPECIAL NOTE TO THE SUSSMANS AS WELL AS, UH, TO CHARLIE AND DIEGO FROM I MET AND, AND THE STERLING BUILDING.

WE'VE BEEN WORKING VERY CLOSELY TO APPEASE THE, THE CONCERNS AS IT RELATES TO THE, UH, SETBACKS, UH, FOR OUR NEIGHBORS, UH, WHICH I THINK IS VERY IMPORTANT.

UM, AND AT THE SAME TIME, UH, FOCUS AND WORK WITH, UH, OUR DESIGN TEAM.

UH, TODAY WE'RE SITTING, WE HAVE ALAN SCHULMAN HERE FROM SCHULMAN

[01:50:01]

ARCHITECTS.

WE HAVE, UH, EDUARDO FROM FOSTER ARCHITECTS.

UH, WE HAVE HERNANDO FROM A ODP.

UH, WE ALSO HAVE ANOTHER HERNANDO FROM, UH, THAT'S OUR CIVIL ENGINEER THAT'S GONNA TALK, THAT CAN TALK A LITTLE BIT ABOUT THE STORMWATER RETENTION MOVES WE'RE MAKING.

AND WE ALSO BROUGHT, UH, COREY FROM, UH, KIMLEY HORNE THAT'S HERE, AND ABLE TO ANSWER ANY QUESTIONS AS IT RELATES TO TRAFFIC.

UH, BUT THE GOAL HERE IS THAT THIS PROJECT IS A LOW, UH, DENSITY PROJECT.

UH, UH, WE, WE REALLY ARE, ARE REDUCING THE AMOUNT OF, UH, YOU KNOW, IN OUR VIEW IMPACT AND, AND FROM A DENSITY STANDPOINT AND INTENSITY AND, AND, AND REALLY TRYING TO, UH, YOU KNOW, REALLY, UH, PAY HOMAGE AND TRIBUTE TO MELVIN GROSSMAN AND, AND THAT ERA THAT THE VILLE HAD AND HOW IMPORTANT, UH, HOW IMPORTANT THE RECONSTRUCTION OF THE VILLE, UH, WHAT IT MEANS TO THIS COMMUNITY, WHAT IT MEANT WHEN IT WAS DEMOLISHED, AND WHAT IT MEANS TO REBUILD IT BACK.

AND WE, WE REALLY FEEL THAT THIS IS SOMETHING THAT CAN BE A, A VERY POSITIVE IMPACT TO, TO THE REST OF THE NEIGHBORHOOD.

SO I JUST WANTED TO THANK YOU GUYS FOR, FOR YOUR TIME.

I'M GONNA BE, UH, TALKING A LITTLE MORE, UH, UH, VERY SOON.

BUT I THINK ON THAT NOTE, IF MAYBE EITHER MIKE OR ALLEN ARE GONNA TALK.

BUT THANK YOU SO MUCH FOR YOUR TIME, GUYS.

THANK YOU.

PLEASURE.

AND, AND I THINK I TOLD YOU YESTERDAY, CONGRATS ON ALL THE OUTREACH.

'CAUSE WE HAD A NUMBER OF, UH, SUPPORTIVE EMAILS.

GREAT.

WELL, UM, GOOD MORNING, MR. CHAIRMAN OF BOARD STAFF, MICHAEL LARKIN JOIN OF SOUTHEAST BOULEVARD HERE WAS IN THE APPLICANT.

DAVID LITERALLY TOOK EVERYTHING I WAS GOING TO SAY, I HAVE REALLY NOTHING LEFT TO SAY RIGHT NOW.

I'LL BE BACK AT YOU LATER IN THE PRESENTATION.

WHEN I DESCRIBE THE LEGISLATION OF GREATER DETAIL, I'D LIKE TO TURN IT OVER TO ALAN SCHULMAN RIGHT NOW TO START THE DESIGN PRESENTATION.

THANK YOU, DAVID.

THANK YOU.

THANK YOU.

MICHAEL.

ALAN SCHULMAN WITH OFFICES AT 7,300 BISCAYNE BOULEVARD.

UM, JUST TO SORT OF BRING THIS ALL BACK INTO, UH, THE CONTEXT OF WHAT WE'RE DOING, UH, I WANTED TO, UH, POINT OUT OUR, OUR GREAT SITE, OUR VERY POIGNANT HISTORICALLY POIGNANT SITE, THE ORIGINAL VILLE HOTEL, DESIGNED IN 1957 BY MELVIN GROSSMAN.

WHAT'S EXTRAORDINARY ABOUT THIS PROJECT IS THAT A LOT COULD BE BUILT ON THIS SITE.

PROBABLY A LOT COULD BE DESIGNED FOR THIS SITE, BUT THIS PROJECT IS GOING TO CONNECT TO THE HISTORIC VILLE AND BRING BACK SOMETHING THAT I THINK IS REALLY AN IMPORTANT ANCHOR TO THE SITE.

UM, WE HAVE A TOWER, LIKE MANY OF BUILDINGS OF THIS TYPE, WE HAVE A PEDESTAL.

UM, MANY IMPORTANT ELEMENTS OF THAT PEDESTAL.

WELL, THE PEDESTAL IS REALLY THE RESERVOIR OF ALL THE HISTORIC MEMORY OF THE SITE.

UH, IT'S, IT HAS ALL THE MA MAJOR PUBLIC ROOMS, A LOT OF GREAT ICONOGRAPHY.

UH, IT'S ALSO REALLY INSCRIBED IN THE HISTORY OF GLOBAL CULTURE.

UM, SO MANY PEOPLE HAVE GONE THROUGH HERE, SO MANY ARTISTS AND PERFORMERS.

UM, THE PEDESTAL IS A, UH, IS UNIQUE IN MIAMI BEACH BECAUSE IT COMES TO THE STREET, UH, WITH SHOPPING.

AND THAT IDEA OF, UM, SORT OF EMPHASIZING THAT PUBLIC SPACE ALONG THE STREET, REINFORCING THE CONNECTIVITY WITH THE SIDEWALK IS AT THE HEART OF THE PROJECT.

THIS IS THE SIDEWALK WE HAVE NOW, UH, VERY NARROW.

THIS IS WHAT WE'RE PROPOSING TO DO, WHICH IS TO ACTUALLY EXPAND THE PUBLIC REALM, EXPAND THE SIDEWALKS, WIDEN THEM, UH, LANDSCAPE THEM, UH, IN LINE WITH THE, UM, CIRCULATION ZONE, LONG FRONTAGE STANDARDS.

BUT ALSO WE'RE CONNECTING ON BOTH SIDES OF THE SITE, UH, NORTH AND SOUTH FROM COLLINS AVENUE TO THE BEACH WALK VIA THESE NEW BEACH ACCESS PADS.

AND WHEN WE PUT ALL THAT TOGETHER, THE WIDER SIDEWALK, THE BEACH WALK, AND THESE TWO PADS, UH, THEY CREATE JUST, UM, AN INCREDIBLE, VERY ACCESSIBLE SITE.

UH, AND, UM, WHAT DOES THAT LOOK LIKE? UH, THE, THOSE EXPANDED SIDEWALKS, YOU CAN SEE HERE THAT WE'VE SORT OF KEPT THE FACADE OF THE BUILDING, BUT WE'RE MOVING INTO THE BUILDING WITH LANDSCAPE, WITH PLAZA, WITH PUBLIC, UH, FACILITIES AND RETAIL AND DINING.

UM, AND, UH, THIS IS ALL GONNA BE IN ACCORDANCE WITH THE BEST RESILIENCY STANDARD AS WELL.

ON THE SOUTH SIDE OF THE SITE, UH, THIS IS WHAT THE BEACH WALK WILL LOOK LIKE.

IT'S GOING TO BE ON GRADE, IT'S GOING TO COMBINE, UH, OPEN STRUCTURE THAT BASICALLY ALLOWS US TO SET THE WHEEL PEDESTAL BACK 20 FEET FROM THE PROPERTY LINE.

UH, IT'LL HAVE LANDSCAPING AND ART, AND AS YOU COME THROUGH, UH, THROUGH THE PEDESTAL, YOU'LL BE IN THIS MUCH LARGER SPACE WITH MORE LANDSCAPING, UH, MORE AMENITY.

AND THIS IS HOW IT HITS THE BEACH WALK ON THE OTHER END.

SO IT'S A VERY PUBLIC EXPERIENCE.

AND ON THE NORTH SIDE, IT'S THE SAME WAY.

SO WE HAVE THE, UH, YOU KNOW, WE HAVE THE HISTORIC FACADE.

UH, WE ARE SORT OF EXPANDING THE SIDEWALKS AND PUBLIC SPACE INTO THAT AREA AS WELL, UH, AND SETTING BACK THE RETAIL.

AND THEN ON THE NORTH SIDE, IF YOU REMEMBER THE OLD VILLE, THIS WAS THE AREA

[01:55:01]

OF THE TRUCKS AND THE DUMPSTERS AND EVERYTHING.

WE ARE ENCLOSING ALL OF THAT, UM, KIND OF SEALING IT INSIDE A GATED, UM, AREA.

AND THEN ON THE ROOF, WE'RE RUNNING A SECOND BEACH ACCESS WALK FROM COLLINS AVENUE TO, UH, TO THE BEACH WALK.

AND IT'LL BE VERY PUBLIC.

UH, IT'LL BE CLEAR THAT IT'S PUBLIC.

UM, I WANTED TO JUST ZOOM OUT FOR A SECOND AND, AND, AND LOOK AT THAT CONTEXT BECAUSE, YOU KNOW, ONE OF THE PROBLEMATIC THINGS PROBABLY ABOUT A HOTEL LIKE DEAUVILLE IS IT WAS VERY RAPACIOUS WHEN IT WAS BUILT.

IT WENT TO EVERY SINGLE PROPERTY LINE PRETTY MUCH.

UH, YOU KNOW, IT MET THE EAST PROPERTY LINE.

IT WAS BUILT UP TO THE BULKHEAD LINE.

IT WAS BUILT UP TO THE NORTH PROPERTY LINE AND THE SOUTH.

SO, UM, WHAT WE'RE PROPOSING TO DO HERE, UM, ALSO IS IN COLLABORATION WITH OUR, UH, PARTNERS AND NEIGHBORS.

AND WHAT WE'VE, WE'VE RESPONDED TO THE CONCERNS THAT THE BUILDING IS TOO CLOSE TO THE NORTH PROPERTY LINE.

THAT THE BUILDING IS TOO CLOSE TO THE BEACH BY SETTING THE TOWER BACK, UH, ON BOTH THE NORTH AND THE EAST SIDES.

UM, AND SO THE NEW TOWER FORM IS, IS REDUCED ON THE EAST END.

IT'S PRETTY MUCH SIMILAR ON THE WEST END.

JUST TO GIVE YOU A THREE DIMENSIONAL SENSE OF WHAT THIS LOOKS LIKE.

UH, THIS IS THE ORIGINAL TOWER AND PEDESTAL.

UM, AND THIS IS OUR, UH, ORIGINAL, UH, PROPOSAL FOR A RECONSTRUCTED TOWER AND RECONSTRUCTED PEDESTAL.

AND THEN, UH, AFTER MANY WORKSHOPS AND MEETINGS, UH, WITH, UM, WITH NEIGHBORS, UM, WE BASICALLY PROFFERED A 30 FOOT NORTH SET SETBACK AND, AND A 50 FOOT EAST SETBACK, UH, FOR THAT TOWER.

AND SO, FRANKLY, I THINK, UM, GIVEN THOSE CHANGES TO THE TOWER, IT WOULD BE INAUTHENTIC TO CALL IT RECONSTRUCTED.

BUT WE ARE PROPOSING TO REINTERPRET THAT TOWER.

UH, AND THIS IS THE, THE BASIC, UH, VOLUME OF THAT REINTERPRETED TOWER.

IT'S A TINY BIT TALLER, IT'S A LITTLE BIT WIDER.

UH, IT RETAINS SOME VERY IMPORTANT ELEMENTS, LIKE THE VERY STRONG HORIZONTAL THRUST OF THOSE EYEBROWS.

UH, IT HAS A VERY IMPORTANT PYLON, UH, ON THE FACADE.

UH, AND IT HAS SIGNAGE.

SO, YOU KNOW, JUST TO GIVE YOU A VISUAL SENSE OF THIS, WHEN WE PROPOSED, WHEN WE APPEARED BEFORE YOU LAST TIME, UH, WE SHOWED THE RECONSTRUCTION OF THE ORIGINAL DOVAL, UH, TOWER, UH, AND, AND PEDESTAL.

UH, THIS IS WHAT IT LOOKS LIKE WITH THE REINTERPRETATION OF THE TOWER.

SO, UH, BASICALLY THINGS ARE A LITTLE DIFFERENT TOO.

IT'S A BUILDING, IT'S GONNA BE A BUILDING OF OUR TIME, REMINISCENT OF AND REINTERPRETING ALL THE ELEMENTS OF THE, OF THE ORIGINAL VILLE.

UM, AND WITH THAT, I'M GONNA, UM, TURN THIS OVER TO MY COLLEAGUE, EDUARDO.

THANKS, ADAM.

EDUARDO RUIZ, FOSTERING PARTNERS LONDON.

UM, SO ALAN HAS EXPLAINED HOW WE ARE RESPONDING TO THE CITY, UH, ON COLLINS AVENUE AND HOW WE'RE CREATING PATHS NORTH AND SOUTH OF THE SITE.

WE, UH, THE CITY HAS CHANGED SINCE, UH, 57 WHEN THE ORIGINAL, UH, VILLE WAS BUILT, BUT ALSO THE RELATIONSHIP TO THE WATER HAS CHANGED JUST AS DRASTICALLY WITH THE, UH, ARRIVAL OF THE FOOTPATH AND THE DUNE.

AND WE THOUGHT THIS WAS, THIS WAS A GREAT OPPORTUNITY TO BRING SOME OF THE ECOLOGY OF THE DUNE INTO THE SITE AND OPEN THE, THE CORE OF THE SITE, THE GARDEN, UM, TO, UH, TO A WIDER AUDIENCE.

SO IN ORDER TO DO THAT, UM, WE DECIDED TO PLACE THE TOWERS ON THE PEDESTAL ON WHAT USED TO BE THE BALLROOM, AND GATHERING THE STRUCTURE TO THE SHAFT OF THE BUILDING, UH, UH, MINIMIZING THE, THE IMPACT ON THE HISTORIC BUILDING AND ALSO REDUCING THE FOOTPRINT, UH, OF THE TOWERS ON, ON THE NEW GREEN DECK.

THIS IS A VIEW FROM THIS GREEN COURT, UH, LOOKING NORTH.

AND AS YOU CAN SEE, THE HOTEL IS PARTICIPATING OF THIS GREEN SPACE.

AND SO ARE THE TOWERS ON THE LEFT, WHICH PUSH AWAY FROM THE EAST BOUNDARY, FROM, FROM THE, FROM THE OCEAN SIDE BY ABOUT 170 FEET AS WELL.

YOU LOOK AT THE SITE FROM THE WATER, UM, THE, UH, THE, THE TOWERS ARE PUSHED BACK AS FAR AS POSSIBLE TOWARDS COLLINS.

AND THE SPACE OF THE GREEN COURT IS ENCIRCLED BY THESE BUILDINGS THAT LEAVE, UH, GENEROUS GAPS BETWEEN THEM.

AND THAT WAS ONE OF THE ORIGINAL IDEAS OF REDUCING, UM, OF SPLITTING THAT, UH, RESIDENTIAL COMPONENT INTO TWO SLENDER THINNER TOWERS THAT, THAT HAVE A, A MUCH MORE MINIMAL IMPACT ON, ON, ON AT GRADE AND ON THE DECK.

UM, THIS IS A VIEW FROM THE SOUTH, UH, FROM THE BEACH PATH.

UH, WE ARE ON THE SOUTH LOOKING NORTH, AND YOU CAN SEE, YOU CAN BARELY SEE THE TOWERS ACTUALLY, UH, PEEKING OVER SOME OF THE BUILDINGS, UH, AS THEY'RE SET BACK.

AS I WAS SAYING, ABOUT 170 FEET.

AND EVEN THE HOTEL TOWER IS HARDLY VISIBLE, UM, UH, JUST BESIDE THOSE PALM TREES YOU CAN SEE THERE.

SO THE RESPECT TOWARDS THE BEACH HAS BEEN, UM, MAXIMIZED.

[02:00:01]

NOW IN RELATION TO THE TALLER BUILDINGS IN THE CONTEXT, I THINK PERHAPS THE MODEL IS THE BEST WAY TO LOOK AT THIS.

WITH THE KOYA AND THE CARON, UH, NORTH AND SOUTH, UH, WE ARE MORE OR LESS SOMEWHERE IN BETWEEN THE TWO WITH 400 FEET.

UH, YOU CAN SEE THEM ALL TOGETHER THERE IN THIS GRAPHIC.

AND AT THE SAME TIME, GIVEN THE, THE GENERAL SIZE OF THE SITE, UM, THE FOOTPRINT AND THE BUILDING COVERAGE OF THESE THREE VOLUMES, UH, FOR MOST OF, FOR, FOR MOST OF THE HEIGHT OF THE BUILDING, REALLY TAKES UP A VERY SMALL PERCENTAGE, UH, OF, OF THE SITE.

UH, AND HENCE THIS ARGUMENT FOR, UH, THE SLENDER TOWERS THAT ACTUALLY HAVE A MINIMAL IMPACT.

AND PERHAPS, UH, THIS VIEW IS THE, THE BEST WAY TO SORT OF PROVE THAT, THAT POINT OF VISUALLY, UH, WE THINK THAT THE RHYTHM OF THE BUILDINGS AND THE GAPS BETWEEN THEM REALLY RESEMBLE AND FOLLOW, UH, THE NEIGHBORS, UH, GAPS AND, AND RHYTHM.

AND IT LETS LETS THE BREEZE THROUGH AND THE SUN THROUGH, THROUGH THE BUILDINGS, UM, AS THE NEIGHBORS DO FOR THE MOST PART, AND NOW THE LEGISLATION.

THANK YOU.

THANK YOU, EDUARDA.

APPRECIATE IT.

SO, NEXT SLIDE.

YES.

SO THIS IS A SUMMARY OF THE LEGISLATION.

YOU KNOW, YOU ALL, YOUR, YOUR PRIMARY ROLE, THIS HEARING IS TO MAKE RECOMMENDATIONS UPON THIS LEGISLATION.

YOU'RE THE LOCAL PLANNING AGENCY, AND FROM YOU, IT TRAVELS UP TO CITY COMMISSION.

SO WITH REGARD TO THIS LEGISLATION, YOU SEE THE GEOGRAPHIC, UH, RESTRICTION IS THE VERY FIRST ONE.

SECOND IS A FLOOR AREA BONUS SYSTEM.

WE'RE WE ASKING FOR 4.5 FAR WITH A LOWER BONUS THIS TIME JUST OVER 166,000.

THE HEIGHT BONUS IS 400 FEET IN TOTAL HEIGHT SETBACKS.

WE ARE MODIFY THEM TO ALLOW THIS PARTIAL RECONSTRUCTION TO OCCUR.

FOR THE PEDESTAL.

WE ARE PROPOSING SETBACK ENCROACHMENTS FOR THE BEACH ACCESS PATHWAYS ON THE NORTH AND SOUTH SIDE.

ENCLOSED LOADING AREA, WHICH IS A VAST IMPROVEMENT OVER THE WAY IT WAS ORIGINALLY SHADE STRUCTURES FOR THESE BEACH ACCESS PATHWAYS.

ALL OF THEM WILL BE, UH, ENCROACHING INTO THE REQUIRED SETBACKS WITH REGARD TO PARKING, WHERE EXEMPTING THE PARKING REQUIREMENTS FOR THE HOTEL USE, UM, FROM ANY TYPE OF PARKING REQUIREMENT THERE.

AND THEN RESILIENCY AND ADAPTATION.

THE CODE REQUIRES PROJECT TO BE DEVELOPED IN ACCORDANCE WITH FLOODPLAIN REQUIREMENTS, OF COURSE, BUT WE'RE EXEMPTING OUR PROJECT FROM DIFFERENT RESILIENCY CODE REQUIREMENTS.

BUT YOU'LL SEE TOWARD THE END OF THE PRESENTATION AGAIN THAT WE ARE INCORPORATING SEVERAL RESILIENCY MEASURES INTO THE OVERALL PROJECT.

NEXT SLIDE.

SO BACK WAY IN NOVEMBER, WHAT WE ARE PROPOSING TO YOU ALL IS A FLOOR AREA SYSTEM WHERE WE HAD A MUCH LARGER BONUS OF 400,000 SQUARE FEET.

WE HAD ALL THESE BONUSES ON THE LEFT HAND SIDE IN ORDER TO ACHIEVE THAT.

AND THEN ON THE RIGHT YOU SEE A BASE FAR OF 3.0 AND TOGETHER THAT GAVE US A TOTAL FLOOR AREA JUST OVER 900,000.

WHAT WE'RE PROPOSING TODAY IS NO DIFFERENT.

WE'RE JUST REALLOCATING AMONG THE DIFFERENT BUCKETS OF FLOOR AREA.

NEXT SLIDE.

THIS IS A VISUAL REPRESENTATION OF WHAT WE PRESENTED TO YOU ALL IN NOVEMBER.

NOTE THAT THE TOWERS ARE AN AQUAMARINE.

THEY COME FROM WHAT'S CALLED THE SITE AREA, FAR, THAT'S THE RM THREE, 3.0 FAR.

AND THEN THE BONUS FLOOR AREA IS WITH A SUBSTANTIAL RECONSTRUCTION.

IT'S ALL IN PINK WITH A PEDESTAL AND THE HOTEL TOWER.

NEXT SLIDE.

THIS IS WHAT WE'RE POSING TO YOU ALL.

NOW.

WE HAVE INCREASED WHAT'S CALLED THE SITE FAR.

WE START AGAIN AT 3.0 AND THROUGH A SERIES OF BONUSES, WE WORK OUR WAY TO 4.5.

AS A RESULT, THOUGH, THE BONUS FAR HAS COME DOWN FROM 400,000 TO JUST OVER ONE 66,000.

AND AGAIN, WE'RE AT AN IDENTICAL AMOUNT OF FLOOR AREA TODAY AS WE WERE BACK IN NOVEMBER.

SO OUR INTENSITY, OUR DENSITY, HAS NOT INCREASED WHATSOEVER.

NEXT SLIDE.

SORRY, JUST ONE QUESTION ON THAT.

YEAH.

SO WAS PART OF THE BONUS REMOVED FOR GETTING THE, THE BUILDING PERMIT WITHIN FIVE YEARS? WAS THAT ONE OF THE, I THINK THAT WAS ONE OF THE QUALIFIERS IN THE PREVIOUS VERSION.

UM, GO BACK ONE OR YOU HAVE TO GO BACK IF YOU, THERE YOU GO.

YEAH, IT'S THERE.

LOOKING AT THE OLD VERSION, NO.

OKAY.

SO NOVEMBER, THEN FLIP.

IT'S NOT PART OF IT, IT'S NOT PART OF THAT.

BUT , WE CAN MAKE IT A PART OF IT.

WE CAN ADD ANOTHER.

IT'S NOT OUR INTENTION TO SIT ON OUR HANDS, BUT IF THAT MAKES YOU ALL MORE COMFORTABLE, WE CAN ADD THAT.

THAT'S FINE.

UM, NEXT SLIDE.

SO THIS, AND SO I, SO THIS AGAIN IS NOW WHAT WE'RE REPRESENTING TO YOU.

ALL.

THE PARTIAL RECONSTRUCTION RELATES TO THE PEDESTAL, THE HOTEL TOWER, AS ALAN WENT THROUGH AT YOU ALL AS BEING REINTERPRETED.

BUT BECAUSE THAT'S A REINTERPRETATION, WE CAN'T USE IT FOR BONUS RELATING TO RECONSTRUCTION.

SO IT BECOMES PART OF THE SITE FAR, ALONG WITH THE TWO RESIDENTIAL TOWERS.

NEXT SLIDE.

THIS IS WHAT YOU'LL SEE FROM THE OCEAN

[02:05:01]

LOOKING BACKWARDS.

NEXT SLIDE.

THIS IS, I DON'T KNOW HOW MUCH MORE TIME MR. CHAIRMAN, BUT I'M GONNA GO THROUGH SOME RESILIENCY SLIDES.

IF YOU'LL LOOK AT EVERYTHING THAT WE'RE DOING FOR RESILIENCY, WE HAVE THE PERIMETER RETAINING WALLS.

WE HAVE A RAINWATER CISTERN, THE EXFILTRATION TRENCHES, THE GRAVITY, DRAINAGE WELLS, THE RAIN GARDENS, THE BIOSWELLS.

THEY'RE ALL, UH, COLLECTIVELY WORKING TOGETHER TO MAKE THIS ONE OF THE MOST RESILIENT SITES IN MIAMI BEACH.

NEXT SLIDE.

AND AGAIN, WE HAVE WATER CONSERVATION, RAINWATER COLLECTION, WE'LL HAVE GRAY WATER, UM, SERVING OUR GARDEN AREA.

WE HAVE THE TYPE OF PLANTS THAT ARE, UH, RELEVANT TO THIS PARTICULAR PART OF MIAMI BEACH.

EVEN MIAMI BEACH, AS SMALL AS IT IS, HAS DIFFERENT ECOSYSTEMS AND THIS ONE IS MORE RELEVANT TO THE DUNE ECOSYSTEM.

NEXT SLIDE.

I THINK THAT IT, MR. CHAIRMAN, DO YOU WANT US TO GO THROUGH SOME TRAFFIC CIRCULATION? WOULD YOU RATHER START ASKING US SOME QUESTIONS? UM, YOU KNOW WHAT, LET'S OPEN IT TO PUBLIC COMMENT, THEN WE'LL OKAY.

GET TO THAT.

SO IS THERE ANYONE IN CHAMBERS SPEAK ON THIS, SIR, COME UP ONE AT A TIME.

WELL, FIRST OF ALL, UH, MY NAME, MY NAME'S DAVID SHARPS, I GREW UP HERE.

UH, I KNOW YOU FROM YEARS AND YEARS AGO.

I HAVEN'T SEEN YOU IN PROBABLY IN 50 YEARS.

JUST MOVED BACK FROM CALIFORNIA.

30 .

ANYHOW.

FIRST OF ALL, I'VE NEVER BEEN IN THE CHAMBERS BEFORE AND I'M SUPER IMPRESSED BY HOW EFFICIENT AND SENSITIVE AND PROFESSIONAL YOU ALL ARE.

INCREDIBLE.

ALRIGHT, WHAT DO YOU WANT? WHAT DO YOU WANT? NOTHING.

.

I COME WITH NOTHING.

I ACTUALLY AM, UH, A RESIDENT AT THE STERLING AND, UM, I'VE HAD THE OPPORTUNITY TO MEET WITH BOTH GROUPS I MET AND, UH, TARA.

UM, I'M ACTIVE IN THE BUILDING, YET NOT ON THE BOARD, BUT DO REPRESENT VIEWS WITHIN OUR COMMUNITY.

I BELIEVE I'VE BEEN CANVASSING THEM AS WE'RE, YOU KNOW, UH, I WOULD SAY THAT WE ARE, WE WELCOME POSITIVE DEVELOPMENT FOR THE COMMUNITY.

OUR ISSUES CURRENTLY STAND WITH CONCERN, AND WE'RE FURTHER EDUCATING OURSELVES WITH THE SETBACKS AND HEIGHT.

UH, I MUST SAY THAT TARA GROUP AND DAVID MARTIN HAS DONE AN OUTSTANDING JOB IN COMMUNICATING WITH US.

AND HIS WILLINGNESS TO, UH, DO WHAT'S NECESSARY WITHIN REASON IS APPRECIATED.

BUT WE'RE STILL FACT FINDING AS WE HAVE MADE SOME REQUESTS IN RECEIVING THAT INFORMATION, REVIEWING TODAY.

UM, OUR BIGGEST CONCERN, ONE OF THEM IS THE SETBACK.

UH, THE ME MET HAS BEEN APPROVED AT 83 FEET AND THEY'RE CURRENTLY AT 50.

THERE IS SOME IMPACT THERE, BUT WE ARE EVALUATING THAT.

WE WANT TO JUST BRING THAT FORWARD, THAT, UM, THAT THAT DOES PRESENT SOME ISSUE.

BUT WE'RE NOT CERTAIN HOW BIG THAT IS YET, BUT WE ARE CONCERNED ABOUT THAT.

THE OTHER ISSUE IS I THINK THEY'VE DONE A TREMENDOUSLY GREAT JOB WITH THEIR SITE PLAN.

UH, AND, AND WHERE THEY PUT THE TWO TALL STRUCTURES IS, IS OUTSTANDING.

UH, IN, IN MY OPINION, AND I HAVE CANVASED MANY PEOPLE IN OUR BUILDING, AND THERE IS SUPPORT TO A CERTAIN DEGREE.

UH, THE, THE BIG ISSUE FOR US RIGHT NOW IS RIGHT NEXT TO US IS THE MEME, WHICH IS PROPOSED A HOTEL.

THEY'RE NOW CHANGING TO A CONDOMINIUM.

UH, THEY WANT TO GO IN EXTRA A HUNDRED FEET.

THEY'RE APPROXIMATELY 80 FEET FROM OUR BUILDING.

SO IT'S CLOSE.

UM, ONCE THIS, THIS NEW STRUCTURE, THESE NEW STRUCTURES GET APPROVED AS LIKELY, THEN, YOU KNOW, THAT'S A PRECEDENT.

SO I GUESS THE QUESTION BECOMES FOR US IS, YOU KNOW, WITH IT RIGHT NEXT DOOR AND CHANGING THE CODES TO THIS SIGNIFICANT DEGREE HAS AN IMPACT ON US, AND IT'S SIGNIFICANT WITH THE POSITIONING.

THE TOWERS NOT SO MUCH, AND THE WAY THEY'VE BEEN SEPARATED THROUGH THE DESIGN TO ALLOW SHADOWING, ET CETERA, ET CETERA, IS, IS VERY WELL THOUGHT OUT.

WE'RE, WE'RE CONCERNED ABOUT NEXT DOOR WITH THE MEME CHANGING AND GOING UP A HUNDRED FEET.

UH, WHAT IS THE BASIS FOR THAT AND SWITCHING FROM THE HOTEL.

AND ONE THING I WANTED TO ASK, I HAVE MINIMAL TIME HERE, UH, IS WHAT IS THE PROCESS AND HOW LONG DOES IT TAKE TO SWITCH FROM A CONDOMINIUM, UH, FROM A HOTEL TO CONDO AND GO UP A HUNDRED FEET? AND WHAT IS THE PROCESS FOR THE COMMISSION TO APPROVE ALL THESE CHANGES TO CODE? FIRST OF ALL, THANKS FOR YOUR COMMENTS AND I'LL, I'LL LET STAFF, UM, RESPOND TO THAT.

BUT JUST SO YOU KNOW, DAVID, IT'S GREAT TO SEE YOU.

UM, WE'RE GONNA MAKE A RECOMMENDATION.

THIS IS NOT THE FINAL HEARING, AND THEN IT WILL GO TO THE COMMISSION.

SO I URGE YOU TO ALSO ATTEND THAT HEARING BECAUSE THEY TAKE PUBLIC COMMENTS JUST LIKE WE DO.

UM, SURE.

SO JUST CHANGING THE USE DOESN'T REQUIRE ANYTHING SPECIAL, BUT INCREASING THE FAR OR MAXIMUM SCRIPT FOOTAGE IN THE SITE DOES REQUIRE THE SAME SIX STEP PROCESS.

SO TWO HEARINGS, THE PLANNING BOARD, TWO PUBLIC OUTREACH MEETINGS, AND TWO MEETINGS BEFORE THE CITY COMMISSION.

GREAT.

SO IT IS A LENGTHY PROCESS.

GREAT.

BUT THE, THE BUILDING HE'S CONCERNED ABOUT THIS WOULD COME WITHIN THIS OVERLAY? NO, NO.

OH, SO WE'RE TALKING ABOUT THE MET, WE MET WITH THEM AND THERE'S A

[02:10:01]

PROPOSAL TO, UM, INCREASE FAR INCREASE HEIGHT AND THEY'D BE FILING AN APPLICATION TO DO GO THROUGH THE SAME PROCESS.

RIGHT.

COMPLETELY INDEPENDENT OF THIS INDEPENDENT.

CORRECT.

OKAY.

YEP.

THERE YOU GO.

SO IT'LL BE A WHOLE NEW PROCESS SIMILAR TO THIS ONE.

SO, AND DOES THAT TAKE SOME TIME? YEAH.

HOW MUCH TIME? NOT LOOKING FOR SPECIFICS, BUT YOU'RE LOOKING AT LEAST SIX MONTHS.

THAT'S, THAT'S EVERYTHING IS APPROVED, YOU KNOW, BACK TO BACK, BUT YOU'RE PROBABLY MORE LIKE NINE MONTHS OR LONGER.

THANK YOU.

THANK YOU.

ANY MA'AM? GOOD MORNING.

TO THE BOARD AND TO EVERYONE.

UM, MY NAME IS SANDRA OLA AND UH, I'M HERE TO, AGAIN, TO REITERATE MY SUPPORT.

JUST IF YOU COULDN'T MIND TO GIVE YOUR ADDRESS, HUH? YOUR, WHERE YOU RESIDE? UH UH, YES.

I, I RESIDE AT 74 51 HARDING AVENUE.

OKAY, THANK YOU.

UH, I'VE BEEN A NORTH BEACH RESIDENT FOR, UH, UH, OVER 30 YEARS WITH MY FAMILY.

AND, UH, WE LIVED A PERIOD OF TIME AT THE ORIGINAL DEVILLE AS WELL.

AND SO, UH, I'M HERE TO REITERATE MY SUPPORT FOR THE PROJECT.

I THINK IT'S GREAT THAT THERE INTEGRATING, UM, CONCEPTS OF THE ORIGINAL DEVILLE TO THEIR PROJECT.

UH, I THINK THAT THIS PROJECT WILL BE BENEFICIAL, UH, TO NORTH BEACH AND SPECIFICALLY TO THAT AREA, UH, BECAUSE, UH, OBVIOUSLY THERE'S A VOID THERE TO BE FILLED, UH, SINCE, UM, THE ORIGINAL DEVILLE WAS DEMOLISHED.

AND I THINK THIS PROJECT WILL DEFINITELY, UH, FULFILL THE VOID, YOU KNOW, FILL THE VOID AND, UH, UH, BOOST, UH, THE AREA AND PROVIDE, UH, THE NECESSARY, UH, ENERGY THAT WAS LOST.

AND, UH, IT WILL, WILL DEFINITELY HELP THE BUSINESSES THAT WERE AFFECTED WHEN THE ORIGINAL DOVE LEFT.

AND, UH, IS GOING TO ALSO, UM, BRING BACK THE, UM, THE FOOT TRAFFIC THAT WAS LOST AND, UH, THAT I USED TO WITNESS WHEN I, WHEN I LIVED THERE WITH MY FAMILY.

UH, IT WAS, UH, GREAT TO LIVE IN THAT AREA, UH, DURING THE TIME I, I LIVED THERE, UH, IN THE ORIGINAL DEVILLE.

AND I THINK THAT THIS PROJECT, UH, IS, IS, IS, IS GOOD FOR EVERYONE AND, UH, WILL BENEFIT EVERYONE.

AND, UH, THAT'S WHY I'VE, I'VE ASSISTED, YOU KNOW, UH, I'VE ATTENDED RATHER, UH, ALL THESE, UH, MEETINGS.

UH, AND I HOPE THAT, UH, THAT THE BOARD WILL GIVE IT ITS, UH, FINAL, UH, OKAY.

AND GO AHEAD.

UH, BECAUSE, UH, I DON'T SEE ANYTHING NEGATIVE REALLY WITH THE PROJECT.

ALRIGHT.

THANKS FOR YOUR TIME.

THANKS FOR COMING IN.

OKAY.

THANK YOU SO MUCH, SIR.

GOOD MORNING.

MY NAME IS BRAD NESSI AND I LIVE AT 7 3 3 OH OCEAN TERRACE.

UM, NORTH BEACH.

I'M GONNA READ TODAY BECAUSE IF I DON'T, YOU WON'T UNDERSTAND.

I HAVE A DD I'LL BE ALL OVER THE BOARD.

SO HERE WE GO.

UM, I'VE BEEN FORTUNATE ENOUGH TO HAVE BEEN A, UH, FORMER A LEVINE AND MAYOR GILBERT'S NORTH BEACH STEERING COMMITTEE, AND WE ARE FINALLY SEEING SOME OF THE VISION WE HAVE TALKED ABOUT FOR SO MANY YEARS AGO.

COME TO FRUITION.

I'M HERE TODAY TO SPEAK IN ABSOLUTE SUPPORT OF THIS AMAZING PROJECT THAT WE NEED IN NORTH BEACH AND THESE AMAZING PLANS TO REBUILD THE HISTORICAL VILLE HOTEL AND NEW RESIDENTS.

UM, WHAT ARE WE GONNA GET FROM THIS? WE'RE RESTORING THIS HISTORICAL BUILDING TO HELP MAINTAIN THE CULTURE IDENTITY OF NORTH BEACH.

IT ALLOWS FUTURE GENERATIONS TO APPRECIATE THE ARCHITECTURAL STYLES AND HISTORICAL SIGNIFICANCE OF PAST ERRORS.

BY DEVELOPING THIS HISTORICAL SITE, WE STIMULATE ECONOMIC GROWTH IN SURROUNDING AREAS LEADING TO NEW BUSINESSES AND HELPING EXISTING BUSINESSES LIKE NORMANS AND RITAS, WHICH HAVE SUFFERED FROM LOSING THE DOVA.

THIS WILL HELP WITH JOB, UH, CREATION, INCREASED PO UH, PROPERTY VALUES, GETTING THE MUCH NEEDED PARKING GARAGE ACTIVATED AT 260 60 SEVENTH STREET, WHICH WILL BE VERY HELPFUL TO THE, TO THE COMMUNITY WITH ITS LACK OF PARKING AND GETTING THE RETAIL SPACE HAS BEEN EMPTY SINCE IT'S BEEN BUILT, ACTIVATED QUICKLY WILL ALSO BE A REALLY WONDERFUL, UH, HELPFUL FOR THE SPOT.

UM, COMBINING MINING LIVING WITH HISTORICAL ARCHITECTURAL CAN PROVIDE RESIDENTS AND GUESTS WITH A UNIQUE LIFESTYLE, EXPERIENCING THAT BLEND OF COMFORT WITH NOSTALGIA.

UM, OVERALL WE HAVE SEEN THE AMAZING PROJECTS THAT DAVID MARTIN HAS CONTRIBUTED TO MIAMI BEACH.

I LOOK OUT EVERY DAY AND OUR BUILDING FELL OFF.

THE, UH, SAINT FELL OFF HERE.

AND, UH, WE, I LOOK AT IT EVERY MORNING.

UH, THE BEAUTIFUL 87 PARK.

UM, THIS PRESENT, UH, DAVID MARTIN HAS CONTRIBUTED THIS PRESENTATION, INCLUDING THE PRESENTATION WE JUST SAW AND I TRUST, AND THAT'S A BIG WORD.

I TRUST THAT HE AND HIS TEAM WILL DO AN EXCELLENT JOB IN REPEATING THE VILLE PROJECT AND TO BUILD BACK TO ITS GLORY DAYS.

I LOOK FORWARD TO THIS UNANIMOUS YES.

VOTE FROM THIS ESTEEMED BOARD.

THANK YOU, .

THANK YOU

[02:15:01]

VERY MUCH.

MY MOM WOULD APPRECIATE THAT.

ESTEEMED MORNING.

UH, MY NAME IS GUILLERMO GARCIA.

I'M A RESIDENT OF THE STERLING ALSO, EH, FIRST OF ALL, AND I SPEAK FOR MYSELF, NOT FOR THE BOARD BECAUSE I'M NOT A MEMBER OF THE BOARD, BUT I CAN TELL YOU THAT WE ALL SUPPORT AND WE'RE ENCOURAGED.

THEY FINALLY, THERE'S GONNA BE A DEVELOPMENT DONE ON THAT SITE.

WE'RE PARTICULARLY PLEASED BECAUSE EVEN THOUGH WE DON'T KNOW HIM PERSONALLY, BUT WE KNOW OF DAVID MARTIN'S REPUTATION, AND I THINK IT'S A, IT'S A GREAT THING FOR THE COMMUNITY THAT HE WOULD BE THE DEVELOPER.

EH, MY MAIN CONCERN IS, LIKE THE GENTLEMAN EXPRESSED BEFORE, IS THE, EH, SETBACK, THE REAR SETBACK IN THE OCEAN SITE.

AS YOU KNOW, THE ORIGINAL VEAL HAD A ZERO SETBACK.

AND, UH, WHILE THE CITY, UH, SETBACKS REQUIREMENTS ARE 83 FEET, I KNOW THAT THERE'S TALK ABOUT, YOU KNOW, A COMPROMISE FOR 50 FEET.

UH, BUT DEFINITELY, I, I THINK IT WOULD BE A BIG MISTAKE TO TRY TO REPLICATE A BUILDING THAT WAS BUILT IN.

I THOUGHT IT WAS 1926, BUT I HEARD TODAY 1950 SOMETHING.

OH, ORIGINALLY THE, THE DOVA WAS THE FIFTIES.

YEAH, YEAH.

AND, AND THAT IT WAS BUILT, YOU KNOW, WITH A ZERO SETBACK.

BUT SINCE THEN, THE CITY OF MIAMI BEACH HAS MADE IMPROVEMENTS FOR THE BENEFIT OF THE COMMUNITY, THE ENTIRE CITY, OF MOVING THE SETBACKS THAT, EH, YOU CAN ALLOW THE NEIGHBORS TO HAVE BETTER VIEWS OF THE, UH, THE OCEAN VIEWS AND THE, THE, UH, THESE SITES OF OTHER IMPROVEMENTS ALSO THAT WOULD BENEFIT ALL THE NEIGHBORS TO HAVE A, YOU KNOW, A BETTER VIEW OF.

SO AGAIN, WE'RE IN SUPPORT OF HAVING THIS, BUT WE WOULD LIKE TO SEE THE REQUIRED SETBACKS, YOU KNOW, ON THE NORTH SIDE, ON THE EAST SIDE, I'M SORRY, UH, TO BE PER THE CITY REQUIREMENTS.

SO, THANK YOU, SIR.

NEXT, I GOT ALL THESE BODYBUILDERS IN HERE TODAY.

.

HELLO EVERYBODY.

I'M GONNA BE REAL QUICK.

I'M, UH, DAVIDE BRO.

I'M ONE OF THE OWNERS OF RENEE DI PARIS JEWELRY STORE, AND WE'RE RIGHT IN FRONT OF THE SITE, AND I'M SPEAKING FOR THE OTHER EIGHT BUSINESS OWNERS WHO ARE RETAIL RIGHT IN FRONT OF THE SITE.

WE SUPPORT WHAT DAVID MARTIN IS DOING, AND IT'S GONNA BRING A VITALITY WE NEED IN THAT AREA.

'CAUSE THAT'S ONE OF THE MOST BLIGHTED LITTLE PATCHES OF MIAMI BEACH.

AND I THINK IT'S GONNA, WITH THIS DEVELOPMENT, BE ONE OF THE, THE TOP LOCATIONS THERE.

AND WE WELCOME THE PARKING ALSO.

IT'S ALWAYS AN ISSUE FOR ALL OF US.

SO, YOU KNOW, IN REGARDS TO THE OWNERS THERE, AND WE'VE BEEN THERE SINCE 1960, MY PARTNER FRANK VENTURA, IT'S BEEN THERE SINCE 1960 WHEN HE CAME FROM CUBA.

AND, UH, THEY, UH, SUPPORTED THE, THE JEWISH COMMUNITY IN NORTH BEACH.

SO WE ALL LOOK FORWARD TO THE, THE PROJECT.

THANK YOU GUYS.

THANK YOU.

ANYONE ELSE IN CHAMBERS? DANIEL, FORMER ESTEEMED PLANNING BOARD MEMBER .

CAN'T BELIEVE I SAT UP THERE FOR EIGHT YEARS.

, I REALIZE HOW HARD WATCHING YOU GUYS TODAY.

I REALIZE HOW MUCH WORKS WAS INVOLVED.

SO, UH, THANK YOU FOR YOUR SERVICE TO OUR COMMUNITY.

UM, JUST INTRODUCE YOURSELF FOR EVERYONE THAT DANIEL VILLA, UH, 11 93, 70 FIRST STREET.

IT, IT ACTUALLY DOESN'T BRING ME A LOT OF PLEASURE HERE.

I NEVER THOUGHT I'D BE HERE SPEAKING IN FAVOR OF THE HISTORIC PROPERTY OWNERS OF THE SITE.

THEY WERE NOT STEWARDS OF OUR COMMUNITY.

AND, UM, I DO NEED TO PUT THAT EMOTION ASIDE AND I NEED TO THINK OF NORTH BEACH AND PRIORITIZE THE NEEDS OF NORTH BEACH.

OFTEN.

UM, NORTH BEACH IS THOUGHT AS PART OF THE CITY OF MIAMI BEACH, BUT IT'S IMPORTANT THAT UP HERE YOU UNDERSTAND THAT NORTH BEACH SELDOM BENEFITS FROM EVERYTHING THAT YOU SEE, THAT YOU DISCUSS EVERY SINGLE DAY FOR THE REST OF THE CITY.

WHEN YOU LOOK AT NORTH BEACH AS ITS OWN CITY, YOU REALIZE HOW IMPORTANT THIS RESORT DISTRICT IS.

I MEAN, IT'S A HISTORIC DISTRICT.

IT'S THE FIRST LOCAL DISTRICT IN NORTH BEACH THAT WAS FOREIGN.

WHY? BECAUSE IT HAS SUCH AN IMPORTANT IMPACT TO OUR COMMUNITY, AND IT'S FAILED FOR THE LAST 20 YEARS.

IT HAS VERY LITTLE IMPACT.

AND WE NEED THAT RESORT DISTRICT AND FOR LOCAL HISTORIC DISTRICTS TO ACTUALLY BE SUCCESSFUL, THEY NEED TO BE FUNCTIONAL.

SO IMPOSING LOCAL HISTORIC DISTRICTS WITHOUT THINKING ABOUT WHAT'S NECESSARY

[02:20:01]

TO MAKE THEM SUCCESSFUL IS AT THE CORE OF WHAT THIS ORDINANCE IS.

SO, UM, I TRUST DAVID, AS YOU'VE HEARD.

HE, HE'S ONE OF THE DEVELOPERS THAT HAS ACTUALLY COME INTO OUR COMMUNITY.

HE SPEAKS AND HE DOES, AND IT'S DONE.

AND I HAVE CONFIDENCE THAT WHAT HE SAID HE'S GONNA DO WILL BE DONE.

UM, THIS USED TO BE OUR MOST VIBRANT, WALKABLE DISTRICT.

AND FOR THOSE OF YOU WHO VISITED IN, IN THE COME, YOU KNOW, IN THE LAST DECADE, IT, IT'S BEEN HORRIBLE.

IF YOU LOOK, TALK TO THE BUSINESS OWNERS, THEY'RE SUFFERING DEARLY.

UH, THE CARON WAS NOT A SUCCESSFUL PROJECT AS WE HAD PLANNED.

UH, IT DIDN'T HAVE THE ECONOMIC IMPACT, IT DIDN'T HAVE THE CONVENTION CENTER SPACE, SO THEY PRESERVED THE BUILDING, BUT IT'S NOT WALKABLE.

IT'S NOT APPROACHABLE.

UM, AND I LOVE WHAT THEY'VE INTRODUCED.

UH, THE INTERACTION OF BRINGING THE STREET CLOSER TO THE PROJECT AND CREATING THAT VITALITY THAT IS NEEDED TO CREATE THE TOURISM, TO CREATE THE DISPOSABLE INCOME THAT'S PART OF OUR MASTER PLAN OF NORTH BEACH.

IT CAN'T SUCCEED WITH JUST US ALONE.

THERE ARE NO RESORTS IN NORTH BEACH.

IMAGINE A SMALL OCEANFRONT TOWN WITH NO RESORT, WITH NO CONVENTION CENTER SPACE.

THAT'S WHAT WE HAVE.

UM, IT'S GREAT FOR US THAT LIVED THERE FOR DECADES THAT BENEFIT FROM THE QUIET NATURE OF NORTH BEACH.

BUT FROM AN ECONOMIC PERSPECTIVE, THIS IS NEEDED AND IT'S NEEDED QUICKLY.

WE, WE'VE BEEN SPEAKING FOR THREE DECADES ABOUT EVERYTHING THAT SHOULD BE DONE, AND WE COULD DO, AND IT'S TIME FOR US TO DO IT.

I TOTALLY SUPPORT THE ORDINANCE.

UM, I'D LIKE THE REDUCTION OF DENSITY.

I HAD VERY LITTLE CONCERN ABOUT THE TRAFFIC IMPACT.

IN FACT, THE DELIVERY TRUCKS BLOCKING COLLINS AVENUE HAVE A GREATER IMPACT ON TRAFFIC THAN THIS SITE EVER WILL.

UM, SO I REALLY FEEL CONFIDENT THAT WHAT'S BEING PROPOSED IS GONNA HAVE A POSITIVE IMPACT FOR NORTH BEACH.

AND THAT'S SOMETHING THAT WE NEED TO STAND BEHIND.

AND I AGREE WITH ADDING A MR. FRIEDEN, MAKE SURE THAT THAT TIMEFRAME IS ADDED BACK INTO THE ORDERS.

IF IT WAS YOU THAT HAS SUGGESTED THAT, I THINK THAT'S A GREAT IDEA.

ALTHOUGH I HAVE NO, I HAVE NO LACK OF HOPE.

SHE, MR. SIMMONS, I APOLOGIZE, BUT HE'S MUCH BETTER LOOKING.

DON'T WORRY ABOUT THAT.

, I HAVE NO CON, I HAVE NO DOUBT THAT DAVID WILL HIT THE GROUND RUNNING AS HIS REPUTATION LEADS IN TO DO.

THANK YOU.

THANK YOU, DANIEL.

THANKS DANIEL.

HELLO, MY NAME IS DIEGO ERO, UM, AT 1005TH STREET, UM, MIAMI BEACH.

UM, I'M REPRESENTING BTL INVESTMENTS IN THE NEIGHBOR IN LA NORTH OF THE DUB RIGHT NEXT TO IT.

UM, I JUST WANTED TO SAY THAT THE CURRENT PROPOSAL PLACES THEY'RE BUILDING TOO CLOSE TO OUR PROPERTY, DIRECTLY IMPACTING OUR HOTEL PROJECT.

UH, WE'VE, WE HAD TO PAUSE DUE TO THESE CONCERNS, AND WE HAVE BEEN WORKING WITH THE DEVELOPER ON THIS ISSUE, BUT IT REMAINS AN ONGOING PROCESS.

WE FULLY SUPPORT THE DEVELOPMENT OF THIS LOT.

IT'S NEEDED AND WE BENEFIT THE AREA.

WE SIMPLY ASK THE BOARD TO ENSURE THAT PROPER SETBACKS ARE MAINTAINED TO PREVENT NEGATIVE IMPACTS ON THE NEIGHBORING PROPERTIES.

THANK YOU.

THANK YOU.

ANYBODY ELSE IN CHAMBERS? AND THEN WE HAVE SEVERAL PEOPLE ONLINE WITH THEIR HAND RAISED.

OKAY.

I FIGURED THE CUSTOMERS IN THE STORE.

GO FIRST.

.

HI, I'M JANET SILVERMAN.

UH, I WROTE YOU ALL A LETTER SO YOU KNOW THAT I'M SUPPORTIVE.

I ALSO, UM, I'M ON THE BOARD OF, UH, NORTH TOWER LAKE CARON.

AND, UM, I WANNA SAY THAT WE HAVE A LOT OF COMMUNITY SUPPORT FOR THIS PROJECT.

AND, UM, I THINK YOU'VE SEEN THAT IN LETTERS THAT WE'VE ENCOURAGED PEOPLE TO SEND.

UM, I JUST, THE TIMING IS NECESSARY AND I DON'T WANT THIS TO GET BOGGED DOWN IN A MILLION CHANGES BECAUSE THE AREA REALLY NEEDS THIS PROJECT AND IT NEEDS TO MOVE FORWARD QUICKLY.

THANKS.

THANK YOU.

YEP.

HI, MY NAME IS SUSAN COHEN.

I'VE ACTUALLY LIVED IN 6 8, 9, 9 COLLINS SINCE OH SEVEN AND HAVE BEEN DESPERATELY WAITING FOR OUR NEIGHBORHOOD TO IMPROVE AND GET BETTER AND BE REVITALIZED.

AND SO I DON'T WANNA REITERATE EVERYTHING ELSE THAT EVERYONE SAID.

I SUPPORT THIS PROJECT.

I'VE SPOKEN TO SO MANY PEOPLE IN MY COMMUNITY.

WE, I'VE ENCOURAGED THEM TO SEND EMAILS.

THEY SUPPORT THIS PROJECT.

THIS PROJECT NEEDS TO HAPPEN NOW.

THERE'S SO MANY BENEFITS TO MY NEIGHBORHOOD, ESPECIALLY FROM THAT CRA.

WE FINALLY NEED TO REVITALIZE THE NEIGHBORHOOD, HELP THESE BUSINESSES THAT HAVE BEEN SUFFERING.

WE HAVE STOREFRONTS THAT ARE CLOSED AND I THINK THE TIME IS NOW FOR THIS PROJECT TO HAPPEN.

AND DAVID MARTIN SEEMS LIKE A GREAT DEVELOPER, THE RIGHT PERSON FOR THE PROJECT.

AND I JUST JUST WANNA TELL YOU MY SUPPORT.

DAVID, YOU GONNA BE ABLE TO FIT OUT THE DOOR WHEN WE LEAVE

[02:25:01]

? NO, PLEASE.

SO I, THAT'S, THANK YOU.

THANK YOU, SUSAN.

THANK YOU.

ANYBODY ELSE IN CHAMBERS? OKAY, WE'LL GO TO ZOOM.

OUR FIRST CALLER IS ANTHONY.

AND ANTHONY, JUST LET US KNOW IF YOU'VE BEEN SWORN IN AND EVERYBODY ELSE IT APPEARS ON ZOOM.

UM, MR. CHAIRMAN, THIS IS A MATTER, YOU'RE RIGHT, THEY DON'T HAVE TO BE SWORN IN.

THEY CAN.

YEAH, MY BAD.

ANTHONY? YES.

THANK YOU EVERYONE.

UH, MY NAME IS ANTHONY STI.

I'VE LIVED AT THE STERLING 67 67 COLLINS AVENUE FOR 24 YEARS.

I'M VERY ACTIVE IN OUR CONDO ASSOCIATION WHERE I CURRENTLY SERVE AS A BOARD MEMBER.

HOWEVER, TODAY I'M SPEAKING AS A HOMEOWNER, A VOTER, A NEIGHBOR, AND A FRIEND OF THE COMMUNITY.

I'M VERY EXCITED TO SEE THIS GREAT NEW CONSTRUCTION COME TO THE NEIGHBORHOOD.

BUT PLEASE REMEMBER THAT THIS IS NEW CONSTRUCTION AND REALLY THE ONLY THING HISTORIC ABOUT IT IS THE NAME.

THE HUGE CONDO TOWERS ARE COMPLETELY NEW ADDITIONS.

THE PROPOSED 50 FOOT EASTERN SETBACK.

IT, IT DEFINITELY COULD IMPACT VIEWS FROM MY BUILDING.

I THINK OTHER PEOPLE HAVE SAID THAT.

I'M SURE YOU'RE ALREADY AWARE OF THIS.

I URGE CITY OFFICIALS TO ENFORCE THE SAME 83 FOOT SETBACK THAT NEIGHBORING BUILDINGS ABIDE BY TODAY.

LIKEWISE FOR HEIGHT, ADDED HEIGHT FOR THE SAME SITE WAS REJECTED BY VOTERS IN THE PAST.

AND HOPEFULLY THE WILL OF THE PEOPLE STILL MEANS SOMETHING TO EVERYONE CONCERNED.

REDUCED SETBACK WOULD ROB THE VIEW FROM NEIGHBORING BUILDINGS LIKE THE STERLING AND GIVE IT TO A NEW PROJECT INSTEAD, WHICH WE DON'T THINK IS THE RIGHT WAY TO PROCEED.

ADDED HEIGHT MEANS COULD MEAN SHADOWS THAT IMPACT NEIGHBORING BEACHES, BALCONIES, POOLS.

UM, I, I'D ALSO LIKE TO QUOTE FROM THE MIAMI BEACH'S OWN PLANNING DEPARTMENT STAFF AND RECOMMENDATION REPORTS FROM NOVEMBER 26TH.

PAGE FOUR SAYS, THE BENEFITS OF THE NEIGHBORHOOD MAY NOT BE COMMENSURATE WITH THE IMPACTS OF THE ADDITIONAL HEIGHT AND MASSING CURRENTLY PROPOSED.

SO YEAH, THERE'S BENEFITS, BUT I MEAN, IS IT WORTH IT? THE PROPO AND THE REPORT ALSO CONTINUES.

THE PROPOSED CHANGE COULD ADVERSELY AFFECT PROPERTY VALUES IN THE ADJACENT AREAS WITH AN OVERSCALED BUILDING THAT OVERSHADOWS ITS NEIGHBORS.

ITS NEIGHBORS OR US.

SO IN CLOSING, I'M SURE IF THE VILLE BUILDS SOMETHING THAT DOES NOT ADV ADVERSELY IMPACT ITS NEIGHBORS, THAT THEY WILL BE VERY WARMLY WELCOME TO THE NEIGHBORHOOD.

I'D REALLY LOVE TO SEE THIS PROJECT, AS OTHERS HAVE SAID, BUT A COMPLIANT HEIGHT AND COMPLIANCE SETBACK.

AND NOW I'D LIKE TO ASK A QUESTION TO THE PLANNING BOARD.

COULD YOU COMMENT ON THE EMAIL FEEDBACK THAT YOU RECEIVED FROM OTHER STERLING RESIDENTS CONCERNING THE PROJECT? DID YOU RECEIVE EMAILS ASKING FOR THE SAME THINGS I MENTIONED HERE TODAY? THANK YOU VERY MUCH.

THANK YOU.

UH, WE RECEIVED MULTIPLE, MULTIPLE EMAILS, SO IF THEY WERE SENT, WE RECEIVE THEM.

NEXT CALLER IS JOHAN MOORE.

GOOD MORNING, UH, PLANNING BOARD AND STAFF AND THANK YOU VERY MUCH, MICHAEL.

UM, AND I'LL SAY IT NOW, UH, BECAUSE THE, UH, MBTV WAS MUTED AT THE BEGINNING OF YOUR MEETING, A BIT DISCONCERTINGLY, UH, THAT ANGLERS, UH, ITEM FIVE HAS BEEN PUT OFF UNTIL, UH, THE 8TH OF APRIL.

BUT I WAS PLEASED TO COME ACROSS THIS PRESENTATION AND I FELT IT MY DUTY, UH, AFTER MY QUESTIONS, UH, ABOUT A PROJECT AT THE LAST PLANNING BOARD MEETING, UH, AS A MEMBER OF SUSTAINABILITY COMMITTEE TO COMMENT SOLELY, UH, FAVORABLY THOUGH VERY STRONGLY FAVORABLY ABOUT THIS PROJECT'S, UH, ENVIRONMENTAL, UH, UH, BENEFITS, UH, THE, UH, GRAY WATER, UH, IRRIGATION, UH, THE NATIVE PLANTS, ALL OF THAT IS AN EXCELLENT, UH, ASPECT OF THIS PROJECT.

AND I ENCOURAGE OTHER PROJECTS, UH, TO TO, TO EMULATE THAT AND DEVELOPERS TO KEEP IN MIND THAT WHILE IT HAS AN ALTRUISTIC ENVIRONMENTAL BENEFIT, CERTAINLY IT PENCILED OUT.

AND I WOULD IMPLORE THIS DEVELOPER TO NOT BE STINGY WITH SHARING THOSE DETAILS WITH YOUR FELLOW DEVELOPERS.

UH, IT'S SOMETHING TO BE INCLUDED.

I WAS VERY IMPRESSED BY THAT ASPECT OF THE PROJECT.

UH, ONE MORE THING SINCE IT HASN'T BEEN FINISHED YET.

UH, CHECK OUT THE TEMPERATURE REDUCING PAINT THAT MAY NOT BE COMING ONTO THE MARKET.

AN EXCELLENT IDEA, MAYBE FOR SUCH A BUILDING, UH, TO INCREASE ITS EFFICIENCY.

THANK YOU VERY MUCH.

THANK YOU, JOHANN.

OUR NEXT CALLER IS MARSHA SUSSMAN.

HELLO.

WE HEAR YOU MARSH.

THANK YOU.

CAN HEAR ME.

MARSHA SUSSMAN, 65 65 COLLINS AVENUE.

MY HUSBAND IRA SUSSMAN IS ONE OF THE OWNERS OF THE NEIGHBORING PROPERTY, THE SHERRY

[02:30:01]

ACK HOTEL.

AND HE'S, SORRY HE CAN'T BE THERE IN PERSON.

HE'S ACTUALLY ON A PLANE RIGHT NOW.

UM, BUT HE ASKED ME TO MENTION A COUPLE ITEMS. UM, FIRST OF ALL, THAT, UH, WE'RE SUPPORTIVE OF THE DOBO PROJECT AS A FAMILY OWNED HOTEL NEXT DOOR.

WE'VE BEEN ADVERSELY AFFECTED BY THE LARGE VACANT LOT AND BEFORE THAT, THE VACANT BUILDING FOR YEARS.

AND WE'RE PLEASED TO HAVE DEVELOPMENT NOW.

UM, AT THEIR REQUEST, THEY'VE, UM, THEY'VE ASKED THAT THE, THAT THE BUILDING REPLICATION PART NOT BE COUNTED AS FAR.

WE THINK IT SHOULD BE CLEAR THAT NOT ONLY SHOULD A BUILDING REPLICATION, BUT A HISTORIC BUILDING SHOULD ALSO NOT BE COUNTED AS FAR.

OBVIOUSLY, WHATEVER IS TO BE BUILT WILL NEED APPROVAL.

AND THE THIRD ITEM IS, UM, THE DOVAL APPEARS TO BE REQUESTING SIDE YARD SETBACK RELIEF.

AND WE WOULD REQUEST THAT BECAUSE IT HAS A 500 FOOT WIDTH AND IS ABLE TO PLAN ITS DEVELOPMENT, THAT IT FOLLOWED THE CODE WITH REGARD TO ITS SOUTH SIDE YARD, A SMALLER SETBACK ON THE SOUTH SIDE WILL HAVE A NEGATIVE IMPACT ON THE SHERRY FRONTNECK AND ITS DEVELOPMENT POTENTIAL.

THANK YOU.

OUR NEXT CALLER IS DAVID.

HI, MY NAME IS DAVID SEXTON.

I'M THE PRESIDENT OF THE NORMANDY FOUNTAIN BUSINESS ASSOCIATION.

UH, I'M HERE TODAY TO SPEAK IN FAVOR OF THIS PROJECT ON BEHALF OF THE BUSINESSES IN NORMANDY AISLE.

UH, I CAN REMEMBER SPECIFICALLY OWNING A, A BRICK AND MORTAR BUSINESS IN NORMANDY.

UH, IN 2017 WHEN THE DO VILLE CLOSED INITIALLY, IT SENT AN ECONOMIC SHOCKWAVE THROUGH THE COMMUNITY THAT OUR, OUR BUSINESSES STILL HAVING A HUNDRED PERCENT RECOVERED FROM.

IN SOME WAYS, THE NORMANDY FOUNTAIN BUSINESS ASSOCIATION WAS FOUNDED TO COMBAT THE, THE SUDDEN DROP OFF IN, IN BUSINESS AND IN REVENUES THAT WAS CAUSED BY THE CLOSURE.

SO I AGREE WITH THIS AMAZING PROCESS OF FIGURING OUT WHAT THE SETBACK SHOULD BE, FIGURING OUT THE PROS AND CONS, BUT I THINK THAT WE'RE MOVING FORWARD TOWARDS A SOLUTION TO WHAT WILL BE AN AMAZING NEW, UH, REVENUE GENERATOR AND A, AND A BEAUTIFUL RECREATED HISTORIC SITE THAT WILL BENEFIT EVERYONE IN NORTH BEACH.

THANK YOU.

THANK YOU.

NEXT CALLER IS LARRY SCHAFER BEYOND ME.

GOOD MORNING.

THIS IS LARRY SCHAFER, 2 3 3 80 FIRST STREET IN NORTH BEACH RELATED TO THE DESIGN.

THE OLD VILLE, THEY HAD A SPOT WHEN YOU COULD WALK DOWN THE BOARD, UH, THE BEACH WALK, AND THEY HAD AN ELEVATED TIKI STYLE BAR IN THE, AT THE REAR OF THE PROPERTY THAT HAD OCEAN VIEWS AND A HOT TUB NEARBY.

LIKE TO ASK IF THERE'S SOMETHING SIMILAR TO THAT AS PART OF THE PLAN.

UM, THAT WOULD BE A, AN INTERESTING ADDITION TO NORTH BEACH.

I ALSO HAD, UM, SOME QUESTIONS ABOUT THE SPEED OF DEVELOPMENT.

UH, SANDOR, CHER AND CLARA DEVELOPMENT BOUGHT OCEAN TERRACE, UH, SO LONG AGO THAT I DON'T EVEN KNOW, MAYBE 20 18, 20 19.

AND THEY'RE BUILDING THE PARK, BUT THEY HAVEN'T BUILT THE BUILDING, THEY HAVEN'T BUILT THE STRUCTURES, THEY HAVEN'T DONE ANYTHING WITH THE REST OF THE PROPERTY.

IS THERE A WAY TO NEGOTIATE WITH YOU TO GUARANTEE SOME TYPE OF COMPLETION DEADLINE SO WE DON'T END UP WITH A SIMILAR HORRIBLE SITUATION LIKE OCEAN TERRACE? ANOTHER THING THAT I'M CONCERNED ABOUT IS THE SAFETY OF DEVELOPMENT.

GIVEN THAT THE LAST TIME THAT DAVID MARTIN AND TARA DEVELOPED IN NORTH BEACH, 100 PEOPLE DIED NEXT TO THE DEVELOPMENT.

AND I'M CONCERNED ABOUT THE SAFETY OF MY FRIENDS AND NEIGHBORS IN THAT AREA.

AND IF HE CAN MAYBE COMMENT ABOUT MAYBE USING DIFFERENT BUILDERS OR DIFFERENT TECHNIQUES, DIFFERENT MANAGEMENT, BUT HOW CAN YOU PROMISE THE SAFETY OF THE PEOPLE THAT LIVE NEARBY? UM, AND THEN FINALLY, IS THERE ROOM TO NEGOTIATE ADDITIONAL PUBLIC BENEFITS? BECAUSE WHAT YOU'RE ASKING FOR IS CONSIDERABLE.

AND WE ALSO HAVE A HISTORY WITH THE OWNER OF ELLOS AND WE'RE NOT NECESSARILY HAPPY WITH THEM.

SO WE THINK THAT ENHANCED LEVEL OF PUBLIC BENEFITS COULD BE NEGOTIATED HERE.

AND I'M SPECIFICALLY TALKING ABOUT BENEFITS FOR THE, FOR THE NEIGHBORHOOD, MAYBE CONTRIBUTIONS TO KICKSTART THE GEO BOND PROJECTS, WHICH OUR CITY MANAGER HAS, HAS DELIVERED 8 MILLION OF 83 MILLION OWED.

WE ARE OWED SO MUCH IN NORTH BEACH.

AND MAYBE DAVID, YOU COULD WORK WITH US TO GO TO THE CITY AND MAYBE KICKSTART THOSE THINGS.

MAYBE ADD A LITTLE MONEY AS AS A, AS IN IN CASH, MAYBE LOAN A LITTLE MONEY AND MAYBE ADD SOME EXPERTISE.

MAYBE YOU COULD TALK TO THEM AND SAY, WHY AREN'T YOU BUILDING THE GARAGE? WHY AREN'T YOU BUILDING THE LOG CABIN? IT'S A SINGLE FAMILY HOME.

IT'S EASY.

WHY AREN'T WE PROVIDING THE IMPROVEMENTS? UM, AND, AND WORK COLLABORATIVELY TOWARDS A SOLUTION? BECAUSE ONCE AGAIN, I'M NOT OPPOSED TO THIS PROJECT.

I DON'T THINK IT SHOULD BE DELAYED.

I JUST THINK THAT SAFETY AND SPEED OF DEVELOPMENT AND PUBLIC BENEFITS SHOULD BE ADDRESSED.

THANK YOU.

NEXT CALLER IS TOM RICHARDSON.

HELLO? YEP, WE HEAR YOU.

HI,

[02:35:01]

TOM RICHARDSON, 64 50 COLLINS AVENUE.

UM, I'M THE PRESIDENT OF THE BOARD AT, UH, THAT, THAT CONDO BUILDING.

I SENT YOU ALL A LETTER THAT OUR BOARD HAD DISCUSSED THIS AND IS, UH, WAS UNANIMOUSLY IN FAVOR OF IT.

I ALSO WANNA SPEAK ON MY OWN BEHALF.

UH, SOME PEOPLE TODAY HAVE TALKED ABOUT THE ADVERSE EFFECTS THAT THE POTENTIAL DEVELOPMENT HAVE, BUT THE BIGGEST ADVERSE EFFECT ON OUR NEIGHBORHOOD HAS BEEN THAT THIS SITE HAS BEEN FALLOWED FOR SEVEN YEARS.

THAT THERE IS NO VIBRANCY THERE, THAT NOTHING'S BUILT.

AND IT LEAVES A GIANT SIZE WHOLE CRATER REALLY IN THE ECONOMIC VITALITY OF NOT ONLY THIS NEIGHBORHOOD, BUT ALL OF NORTH BEACH.

UM, I ALSO WANT TO TALK ABOUT THE COMMUNITY BENEFIT ASPECT THAT NO ONE REALLY HAS MENTIONED MUCH YET.

BUT THIS BECAUSE OF THE FORTUNATE TIMING THAT WE HAVE A NORTH BEACH CRA AND THIS PROJECT FALLS WITH INSIDE THAT NORTH BEACH CRA.

PEOPLE SOMETIMES TALK ABOUT HOW DEVELOPMENT IS, UH, YOU KNOW, SENDS A RIPPLE THROUGH THE REST OF THE NEIGHBORHOOD.

THIS IS WOULD NOT BE A RIPPLE.

THE BENEFITS OF THIS PROJECT WILL BE A GIGANTIC BOULDER THROWN INTO THE POND OF NORTH BEACH THAT WOULD HAVE SIGNIFICANT POSITIVE IMPACTS THROUGHOUT THE WHOLE NEIGHBORHOOD.

IF YOU, I KNOW IN THE PLANNING BOARD'S, UM, PAPERS YOU GOT, UH, IDEA OF THE POSITIVE IMPACT AND THE CONTRIBUTIONS THAT WILL BE MADE TO THE CRA AND THAT FUNDING.

BESIDES THE FACT THAT THIS PROJECT IN ITSELF IS A GREAT BENEFIT TO THE COMMUNITY, THE FASTER IT GETS GOING, THE QUICKER THOSE CONTRIBUTIONS, SIGNIFICANT CONTRIBUTIONS OVER $10 MILLION A YEAR START TO THE CRA, THE QUICKER WE CAN REVITALIZE THE REST OF NORTH BEACH IS MY GRAVE CONCERN THAT THE SAME THING THAT THE LAST SPEAKER MENTIONED THAT HAPPENED IN OCEAN TERRACE, WHICH HAS BEEN MORE THAN 10 YEARS SINCE IT WAS FIRST PROPOSED FOR DEVELOPMENT WOULD HAPPEN ON THIS SITE.

WE'VE ALREADY SHOT DOWN ONE PROPOSAL EARLIER, UH, LAST YEAR THAT THAT DIDN'T MOVE FORWARD.

NOW THIS IS THE SECOND ONE AND YOU'VE SEEN ALREADY NEGATIVE RIPPLES THAT WILL HAPPEN.

THE ME MET IS ON HOLD PENDING WHAT HAPPENS HERE, I DON'T KNOW HOW MANY OTHER DEVELOPMENTS WILL BE ON HOLD PENDING WHAT HAPPENS HERE.

SO I URGE YOU TO MOVE AS QUICKLY AS POSSIBLE, YOU KNOW, TO GET SOMETHING DONE IN THIS SITE TO GET APPROVALS SO THAT THEY CAN MOVE FORWARD AND WE CAN STOP THE NEGATIVE EFFECT THAT THIS EMPTY SITE HAS HAD ON OUR COMMUNITY.

THANK YOU.

THANK YOU.

OUR LAST CALL NOW IS, UM, JASON WALKER.

UM, MY CONCERN, UH, I'M A RESIDENT OF THE STERLING AND I HAPPEN TO LIVE ON THE SOUTH SIDE.

UH, MY CONCERN WITH A AMONGST MY NEIGHBORS IS THE, UH, CONFLUENCE OF CONSTRUCTION FOR THE ME MET AND THE DEVILLE.

UH, THERE'S GOING TO BE A HELL OF A LOT OF NOISE, A LOT OF DISRUPTION.

PEOPLE CAN LIVE WITH THAT I SUPPOSE.

BUT THE SETBACK ALLOWANCES, UM, AND THE POTENTIAL SHADOW EFFECT OF TWO MAJOR TOWERS, UM, A RESIDENTS, I GUESS THAT THE DEVILLE IS PROPOSING AND THE MEME WILL WREAK HAVOC ON NOT ONLY THE NEIGHBORHOOD, I MEAN THE NEIGHBORHOOD'S LOOKING FAR AHEAD FOR SOME BENEFITS, BUT THE CONSTRUCTION, I THINK THE BOARD'S MAIN CHALLENGES, HOW TO PLAN ALL OF THESE, UH, MAJOR CONSTRUCTIONS WITHIN THE NORTH BEACH AREA, UH, ON, ON ITS NEIGHBORHOOD.

AND, UM, I WOULD HOPE THAT THE BOARD WOULD PLAN, UM, A, UH, INTEGRATION OF IF THE ETTES, UH, APPROVED AND, UH, THIS PROPOSAL IS APPROVED, THAT SOMEHOW THERE'S SOME SENSITIVITY TO, UH, EXISTING NEIGHBORS.

THANK YOU.

THANK YOU.

WE HAVE A COUPLE OF MORE COLORS NOW.

KAPLAN MARINO.

HI, THIS IS NINA MARINO KAPLAN.

I'M A RESIDENT AT THE STERLING.

WE'VE BEEN THERE FOR ABOUT NINE YEARS.

UM, QUESTION FOR THE DEVELOPERS.

THERE'S BEEN A LOT OF DISCUSSION ABOUT A SETBACK, UM, A SHADOW STUDY, AND I'M WONDERING IF, IF THAT IS BEING CONSIDERED OR HAS BEEN DONE? UH, OKAY.

AND THE APPLICANT WON'T BE ABLE TO RESPOND TO ANY OF THE QUESTIONS THAT WERE POSED WHEN THEY COME TO THE REBUTTAL.

UM, OKAY.

QUESTION.

SOUNDS GREAT.

DO YOU HAVE ANY OTHER QUESTIONS? UM, NO.

WE, I, I, LOOK, I'M VERY MUCH IN FAVOR OF THIS PROJECT.

I THINK THE COMMUNITY REALLY NEEDS IT, BUT, UM, I, I DO OBJECT TO ANY VARIANCES TO THE EXISTING REGULATIONS IN TERMS OF BOTH HEIGHT AND SETBACK.

THANK YOU, YOUR HONOR.

LAST, THANK YOU.

CALLER NOW IS, SORRY, A COUPLE MORE.

UH, LISA'S IPHONE 16 PRO MAX.

[02:40:05]

HI.

GOOD MORNING EVERYONE.

MY NAME IS LISA.

I'M ALSO A RESIDENT OF THE STERLING.

AND, UH, MY VOICE, MY OPINION, IT WILL BE THE SAME AS THE VERY LAST TWO CALLERS, JASON AND I FORGET THE NAME OF THE OTHER LADY, UM, OPPOSING WITH THE WHOLE SETBACK.

WE WANTED TO REMAIN AS THIS AND ALSO THE HEIGHTS, UH, FOR SHADOWS AND ALL THAT.

UM, AND ALSO, I JUST DON'T UNDERSTAND BECAUSE A WHILE AGO WE HAD A VOTING IN THE MAIL AND WE, WE VOTED NO FOR THE SETBACK AND ALSO THE HEIGHTS, AND NOW THEY ARE TRYING TO GET THIS ALL BACK AGAIN.

AND, UH, I DON'T KNOW HOW, HOW OFTEN WE HAVE TO TRY TO BE ON THOSE CALLS BECAUSE EVERY TIME WE, WE, WE, WE SAY NO, AND WE GOT THE NO GOING.

THEN SIX MONTHS LATER, THEY TRY IT AGAIN, YOU KNOW, AND THEN HAVING ALL THIS HEARING AND WE HAVE TO BE ON TOP OF IT.

OTHERWISE THEY CAN'T JUST BYPASS AND, AND GET THEIR WAYS.

I'M HAPPY WITH THE WHOLE DEVELOPMENT.

I'M JUST NOT HAPPY WITH THE SITUATION, WITH THE SETBACK THAT THEY TRYING TO CHANGE.

AND ALSO THE HEIGHT.

AND THAT GOES FOR THE MI MET.

IF MI MET GETS THE, THE, THE HEIGHT THEY WANT, THEN IT'S JUST GONNA BE ANOTHER SEMI ISLE IN OUR AREA.

SO THAT'S, THAT'S JUST MY CONCERN.

THANK YOU.

OKAY.

AND OUR LAST COLOR NOW IS DANIEL ERALDO.

HI GUYS.

YES.

DANIEL SERAL WITH MIAMI DESIGN PRESERVATION LEAD.

UM, I, I WANTED TO, UH, UPDATE THE BOARD THAT WE ARE CONTINUING TO REVIEW THE PROJECT.

UM, WE DID REQUEST, AND THE DEVELOPER AGREED TO HAVE AN IN-PERSON PUBLIC MEETING IN NORTH BEACH THAT WILL BE TAKING PLACE FEBRUARY 19TH AT FIVE 30.

WE'LL BE SENDING THE INFO AROUND.

SO FOR THOSE FOLKS AT THE STERLING AND OTHER NEIGHBORS BOTH IN SUPPORT AND AGAINST, WE, UH, WELCOME YOU TO JOIN US THERE, AND WE'LL BE SENDING OUT AN ANNOUNCEMENT SOON.

ONE OF THE BIG CHANGES HERE, THOUGH, IS THE LEVEL OF RECONSTRUCTION.

THIS LATEST PROPOSAL IS REALLY ONLY THE PODIUM, WHICH I THINK THEY SAID IS ABOUT A HUNDRED THOUSAND SQUARE FEET.

IF THAT IS THE CASE, AND IF THE MAIN BUILDING WON'T BE RECONSTRUCTED, I THINK THAT THAT OVERALL FAR WILL PROBABLY HAVE TO BE ADJUSTED, WHICH MIGHT HELP AS FAR AS SETBACKS, THE HEIGHT OF THE NEW TOWER, ET CETERA.

BUT IF IT'S A FULL RECONSTRUCTION, THEN YES, FULL BONUS MAKES SENSE.

IF THAT'S WAY PAIRED DOWN, I THINK WE HAVE TO BE REALISTIC AND NOT, UH, OVER OVERDO IT WITH THE FAR AND THE HEIGHT.

AND WE LOOK FORWARD TO CONTINUED ENGAGEMENT.

THANK YOU.

THANK YOU.

WE HAVE ANOTHER CALLER NOW.

UM, ANTHONY RUBIN.

HI.

YES, CAN YOU HEAR ME? YES.

GREAT.

UH, ANTHONY RUBIN LIVE AT 67 6 7 COLLINS.

UM, LIKE TO REITERATE, UH, THE SETBACK, UM, I THINK DISMANTLING THAT, I THINK YOU'RE SEEING THE RIPPLE EFFECTS COME TO FRUITION NOW WITH THE PROPERTY NEXT DOOR WANTING TO GO VERTICAL.

OTHER HISTORICAL PROPERTIES ESSENTIALLY HAVE A PATHWAY TO BE KNOCKED DOWN.

EXISTING OWNERSHIP COULD HAVE EASILY KEPT UP THOSE SIDE WALLS AND KEPT HISTORICAL SIGNIFICANCE.

UM, BUT TO GIVE GRANTS ON SOMETHING THAT'S NO LONGER HISTORICALLY SIGNIFICANT DOESN'T MAKE ANY SENSE.

UM, UH, JUST LIKE TO REITERATE THAT, UM, THE, THE, THE FACT THAT THAT IS JUST MAKES NO SENSE WHATSOEVER, UM, AND THAT YOU'D BE ESSENTIALLY GIVING A SIGNIFICANT PATHWAY TO EVERY DEVELOPER SET FORTH TO ASK FOR THE SAME THING.

AND PUSHING ON ENVELOPE EVEN FURTHER AND FURTHER AND FURTHER UNTIL THERE'S NO REPRESENTATION OF, UM, ANY KIND OF ZONING BOARD HERE.

UM, AND THAT, THAT'S ALL I'D SAY.

THANK YOU.

THANK YOU.

THAT CONCLUDES OUR CALLERS.

I WOULD SUGGEST WE CLOSE THE PUBLIC HEARING.

YEAH, WE'RE GONNA CLOSE IT.

UM, SO IT SOUNDS TO ME, OBVIOUSLY THERE'S OVERWHELMING SUPPORT.

THE, THE, THE COMMON CONCERN, I GUESS IS SETBACKS.

YOU GUYS WANT TO TALK ABOUT THAT AT ALL.

SO I'M GONNA START OFF AND LET ALLEN TAKE IT OVER.

BUT, YOU KNOW, WITH REGARD TO THE CURRENT ARM THREE REAR SETBACK, IT'S 20% OF LOT DEPTH AND FOR THE PEDESTAL, AND THEN 25% FOR THE TOWER.

SO WHEN YOU HEAR THE TERM 83 FEET BEING BANDIED AROUND, THAT'S THE SETBACK FOR THE TOWER.

I THINK THAT IS APPROPRIATELY APPLIED TO BUILDINGS THAT PARALLEL COLLINS WITH THE FLOOR PLATES LOOKING EAST AND WEST.

BUT WHEN YOU HAVE A TOWER THAT'S PERPENDICULAR COLLINS, IT CAUSES A LOT MORE DAMAGE TO THAT PARTICULAR BUILDING.

IT TAKES AWAY A LOT MORE SQUARE FOOTAGE TO IMPOSE THAT TYPE OF REAR SETBACK ON A BUILDING THAT'S PERPENDICULAR COLLINS.

THAT'S NUMBER ONE.

NUMBER TWO, YOU HEARD THE VAST MAJORITY OF OBJECTIONS TO THE

[02:45:01]

SETBACK OR FROM THE STERLING UNIT OWNERS WHO ARE GOOD FOLKS.

AND WE CONTINUE TO DO OUR OUTREACH TO THEM, AND WE HOPE TO WIN MORE AND MORE OF THEIR SUPPORT.

BUT IT'S IMPORTANT TO ACKNOWLEDGE AND NOT TO OVERLOOK THAT THERE IS AN APPROVED HOTEL PROJECT IN BETWEEN THE VILLE AND THE STERLING.

AND IT IS, YOU KNOW, IT'S GOT RECENTLY APPROVED AND IT'S THAT PARTICULAR HOTEL PROJECT THAT WOULD BLOCK ANY VIEW LOOKING SOUTH OR SOUTHEAST FROM THOSE UNITS AT THE STERLING THAT LOOK SOUTH.

SO THAT'S VERY IMPORTANT TO KEEP IN MIND WHEN YOU'RE THINKING ABOUT SETBACK AND SETBACK CONCERNS.

UM, ALAN, DO YOU HAVE ANYTHING YOU'D LIKE TO ADD? SURE.

WELL, UM, MAYBE I'LL JUST START WITH THE ISSUE OF THE PEDESTAL.

I THINK, YOU KNOW, THE PEDESTAL IS BEING SUBSTANTIALLY RECONSTRUCTED AND, UM, YOU KNOW, IT'S IMPORTANT BECAUSE THERE ARE A NUMBER OF PUBLIC ROOMS, A A NUMBER OF HISTORIC SPACES IN THAT PEDESTAL THAT IF THE PEDESTAL HAD TO COME BACK, IF THAT OCEAN, UH, TERRACE, UH, FEATURE OF THE BUILDING HAD TO ALSO COME BACK, IT WOULD BASICALLY NOT ONLY FORECLOSE A LOT OF, UH, THE POSSIBILITIES, UM, OF RECONSTRUCTION IN THE PEDESTAL, BUT IT WOULD ALSO SHRINK, UH, ENORMOUSLY THE, THE GARDEN.

AND I THINK IT'S A, I THINK IT'S AN ASSET TO THE BEACH WALK TO HAVE IT LINED WITH THESE, UH, WITH, WITH THAT PEDESTAL.

AND THE PEDESTAL HAS BEEN ADAPTED DESIGN WISE TO BASICALLY WORK WITH THE BEACH WALK TO ENHANCE THE BEACH WALK.

UM, REGARDING THE TOWER, WELL, I MEAN, ORIGINALLY IT MET THE EAST, YOU KNOW, IT WAS SET BACK JUST A FEW FEET FROM THE EAST PROPERTY LINE, JUST A FEW FEET FROM THE NORTH PROPERTY LINE.

IT WAS VERY FAR FORWARD OF WHAT MOST BUILDINGS ARE ARE DOING TODAY.

UM, YOU KNOW, WHAT WE ARE TRYING TO DO IS REINTERPRET THAT, THAT TOWER, UM, AND, UH, WE PROFFERED A 50 FOOT SETBACK.

I THINK THAT REALLY GOES A LONG WAY.

AND IN THE, UH, IN THE DIAGRAM THAT YOU HAVE, UH, THIS ONE, UM, YOU CAN SEE THAT THE MEME IS SET FARTHER FORWARD THAN THE STERLING.

SO, UH, YOU KNOW, THERE ARE VERY FEW, AND THE BUILDINGS, THE UNITS IN THE STERLING ARE ALL TILTED 45 DEGREES, UH, TO LOOK, UH, LET'S SAY SOUTHEAST ON THE SOUTH FRONTAGE.

UH, SO I DON'T THINK WE REALLY HAVE ANY IMPACT AT ALL.

I DON'T THINK OUR BUILDING IS GOING TO BE VISIBLE.

UM, AND, UH, YOU KNOW, UH, BUT I, WE BE WILLING TO, UH, DISCUSS THAT FURTHER ON THE ISSUE OF THE SOUTH SETBACK.

THE ONE ALONG THE, UM, SHERRY FRONTENAC SIDE, I THINK, UH, AND PERHAPS I CAN EVEN SHOW YOU, LET'S SEE HERE.

UH, THAT, UM, WE LOOKED AT WHAT COULD POSSIBLY HAPPEN ON THAT, UH, STRAIGHT FRONT TO NECK SITE, UH, IN TWO, IN TWO WAYS THROUGH TWO LENSES.

ONE, WHAT IF YOU WERE TO DEVELOP THAT SITE AS A FREESTANDING SITE UNCONNECTED TO THE SHERRY FAC, IT WOULD BE AN EXTREMELY NARROW DEVELOPMENT WITH A TOWER ABOUT 25 FEET WIDE, WHICH I'M NOT SURE IS REALLY, UH, DOABLE, BUT LET'S SAY IT WAS.

AND, UH, SEVEN AND A HALF FOOT SETBACKS TO THE PROPERTY LINE.

I THINK THE MORE LIKELY SCENARIO IS THAT IT WOULD BE DEVELOPED, UH, WITH THE, UH, WITH THE SHERRY FRONTENAC, UH, OR ON THAT SITE.

AND IN THAT CASE, WE HAVE AT LEAST A 24 FOOT PEDESTAL SETBACK, UH, AND, UM, A 30, UH, 38 FOOT TOWER SETBACK.

AND THE WAY THAT PLAYS OUT, AND I JUST WANNA POINT OUT WHAT WE'RE DOING, OUR FACADE, IS WE'RE TRYING TO PRESERVE THE LENGTH, THE APPEARANCE OF IT, THE SUBSTANTIALLY OF IT ON COLLINS AVENUE, BUT ACTUALLY BEHIND THAT, UH, AT THE LOCATION OF THAT SOUTH BEACH WALK, WE'RE GOING FROM A FIVE FOOT SETBACK TO A 20 FOOT SETBACK, UH, WITH ALL OF THAT JUST BEING OPEN AIR, UH, TRELLIS AND GREENERY.

UH, AND YOU KNOW, WHEN YOU SORT OF PUT IN THE LI LIKELY PEDESTAL VOLUME OF A FUTURE SHERAN NECK EXPANSION, I THINK, UH, YOU KNOW, WE HAVE QUITE A BIT OF, UH, SEPARATION FROM THE LOOKS, SOMETHING LIKE THIS.

AND THIS DIAGRAM ALSO EXPLAINS THAT, UM, ALTHOUGH THE ORIGINAL BUILDING WAS SET BACK FIVE FEET FROM THE SOUTH PROPERTY LINE, 15 OF THOSE FEET ARE NOW JUST A TRELLIS OPEN LANDSCAPED AREA SO THAT OUR, UH, YOU KNOW, DISTANCE TO LET'S SAY THE SHERRY FRONT TO NECK PEDESTAL WILL BE SOMETHING OVER 40 FEET.

QUESTION FOR YOU, JUST, SORRY, WHILE YOU'RE TALKING ABOUT THOSE SETBACKS, SO IF THE SHERRY FRONT AND AG WERE TO DEVELOP, AND THAT'S A VACANT PIECE OF LAND, CORRECT? YEAH.

SO ESSENTIALLY THEIR NEW BUILDING WOULD BE IMPACTED THE SAME WAY YOUR NEW BUILDING WOULD BE, RIGHT.

THEY WOULD BE BUILDING SOMETHING THAT HAS RELATIVELY, YOU KNOW, MORE NARROW SETBACKS.

SO IT'D BE ON TOP OF, YOU KNOW, YOUR RESIDENCE IN THIS NEW CONDO

[02:50:01]

TOWER AS WELL.

RIGHT.

SO I THINK FOR, FOR THE MOST PART, PEOPLE ARE BEING IMPACTED SOMEWHAT EQUALLY, BUT WHAT WAS THAT POINT THAT THEY WERE TALKING ABOUT WHERE, I GUESS, YOU KNOW, THE FAR ALLOWANCE OR THIS, THIS DESIGNATION SHOULD INCLUDE THEIR SITE AS WELL.

MAYBE YOU COULD SPEAK TO THAT, MICHAEL.

UM, I DIDN'T HEAR HER.

I KNEW THAT IRA HAD SAID THAT AT A PRIOR HEARING.

RIGHT.

THEY SAID ON LAST MEETING, I THINK IT WAS TWO THINGS THAT WE LEFT IT WITH.

IT WAS THE SETBACKS.

RIGHT.

AND IT WAS INCLUSION OF THEIR SITE AS PART OF YEAH.

WELL, UNFORTUNATELY, WHAT HAPPENED, THEY DID MAKE THAT REQUEST WHEN STEVE ROSS CAME THROUGH EARLIER MM-HMM .

AND, AND THIS BOARD DID RECOMMEND THE INCLUSION OF THAT PROPERTY.

THE REASON THAT WAS DIFFERENT WAS THAT THAT WAS LEGISLATION SPONSORED BY A COMMISSIONER, AND THAT WAS BEFORE THE FAR INCREASE PROCESS WAS ENACTED BY THIS COMMISSION IN RESPONSE TO THE ADOPTION OF A FLORIDA STATUTE THAT ALTER OUR POLICE POWER HERE, THAT YOU ALL KNOW ABOUT.

I'M NOT GONNA GO INTO MUCH DETAIL ABOUT, BUT WHAT HAPPENED SINCE THAT ACTION IS THAT THIS, THE, THIS COMMISSION ADOPTED A, A WHOLE STRINGENT FAR INCREASE PROCESS, WHICH MAKES IT SO THAT YOU HAVE TO BE A PRIVATE AMENDMENT APPLICATION.

NO COMMISSIONER CAN SPONSOR A PRIVATE APPLICATION WHILE COMMISSIONER SWAR HAS DONE IT FOR WASHINGTON AVENUE.

HE'S DONE IT FOR EVERYBODY.

HE WON'T DO IT FOR A PRIVATE APPLICANT.

YOU KNOW, THIS IS FOR A PRIVATE APPLICANT, AND WITH IT COMES RESPONSIBILITIES OF DOING A TRAFFIC STUDY AND A WATER AND SEWER DEMAND STUDY.

THOSE ARE KEY TO THE DEVELOPMENT PROGRAM OF OUR PROPERTY.

WE DON'T KNOW WHAT, WHAT THEY'RE DOING.

IT'S TOO LATE IN THE PROCESS TO DO THAT.

IT'S ALMOST WOULD BE LIKE IF SOMEONE, IF WE CAME TO YOU WITH A CUP APPLICATION FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR RESTAURANT USE, AND AT THE HEARING, THE NEIGHBORING RESTAURANT SAID, HEY, I LIKE TO CLIMB ON BOARD.

NOW IT'S LESS COSTLY, IT'S LESS, IT'S, I CAN DO IT RIGHT NOW, BUT NO, YOU CAN'T.

'CAUSE THE ENTIRE APPLICATION HAS BEEN KEY TO THE IMPACTS FROM THAT PARTICULAR RESTAURANT THROUGH A TRAFFIC STATE.

IT'S PROJECT SPECIFIC VERSUS I GUESS, DISTRICT SPECIFIC NOW, CORRECT? THAT'S CORRECT, YES.

EXCUSE ME.

UM, I HAD A COUPLE OF QUESTIONS.

UM, IT LOOKS AS THOUGH WITH THE REAR 50 FOOT SETBACK, THE OCEANIC DECK DISAPPEARS.

IS THAT CORRECT? NO, THE OCEANIC DECK, UH, IS STILL THERE AT THIS 50 FOOT REAR SETBACK IS A TOWER SETBACK.

OKAY.

SO IT'S ONLY APPLYING TO THE HOTEL TOWER.

SO THERE'S SOMETHING THAT'S I THINK IS IMPORTANT FOR EVERYBODY TO REALIZE.

AND THAT IS THAT THE STERLING SETBACK IS 50 FEET.

SO, UH, AND THEIR BUILDING SETBACK IS 96 FEET.

UM, THEY ARE ALREADY OVERSHADOWED BY THEIR OWN BUILDING AT 1:15 PM UM, THE MEME, AND I DON'T KNOW IF I CAN SHOW THIS RIGHT HERE MM-HMM .

BUT THIS BUILDING HAS FAR MORE IMPACT THAN THIS BUILDING.

THIS WILL NOT HAVE ANY IMPACT AT ALL.

WHEN YOU SAY THIS, ARE YOU SPEAKING OF THE NEW JUMBO? NO, THE, THE MEME.

THIS IS THE MEME.

YEAH.

THIS BUILDING HAS AN IMPACT ON YOU.

THIS IS THIS BUILDING, THIS PIECE OF PROPERTY HAS NEVER BEEN BUILT SINCE AT LEAST 2005.

AND I'M NOT SURE WHY THIS BUILDING, WHICH IS THE NEW HOTEL PORTION, I, I'M JUST TRYING TO UNDERSTAND BECAUSE THIS IS, THIS IS A HISTORIC HOTEL.

THIS IS, THIS IS A, A SERIOUS INVESTMENT IN PRESERVING OUR MIMO ARCHITECTURE.

AND THEY'RE TAKING A LOT OF, A LOT OF TIME, ENERGY, MONEY TO, TO HELP PRESERVE OUR AREA.

UM, I THINK THAT WHEN YOU PUSH THIS BACK EVEN MORE, IT GOES UP HIGHER.

AND I THINK THAT THAT IS DE MORE DETRIMENTAL TO THE STERLING, WHICH I, I'M NOT SURE IF THAT'S SOMETHING THAT ANYBODY'S CONSIDER.

YES, SIR.

YEAH, I, I I WOULD LIKE TO HEARSAY.

HOLD ON.

HOLD IT.

DAVID, YOU HAD TO COME UP.

OKAY.

SO, SO CAN I JUST, LET ME FINISH THIS AGAIN.

YEAH, GO AHEAD.

I'M SEEING IF HE WANTS TO SPEAK WHOEVER SPEAKS HOW THE, AND THEN, AND THEN I'LL JUST, I JUST WANTED TO, YOU KNOW, SINCE WE WERE TALKING ABOUT SETBACKS, UM, YOU KNOW, I'M REALLY NOT FAR AWAY AND I SEE THIS, I HAVE A LOT OF FRIENDS THAT LIVE IN HERE AND LIVE IN THE STERLING.

UM, BUT IF YOU EVEN, I DON'T KNOW WHAT TIME THIS WAS TAKEN, BUT EVEN RIGHT HERE, THIS, YOUR OWN BUILDING IS SHADING YOU.

THIS IS THE PROBLEM.

THIS VILLE IS NOT TALKING VIEW SHADING THE VIEW, BUT YOU'RE NOT GONNA BE, YOU DIDN'T HAVE A VIEW BEFORE WHEN THE DO WAS TO SPEAK, JUST COME UP TO THE MIC.

I'M SORRY.

YOU DIDN'T HAVE A VIEW.

YOU HAVEN'T, THIS PROPERTY HAS BEEN VACANT.

YOU DIDN'T HAVE A VIEW WHEN THE VILLE WAS THERE BEFORE.

SO NOW YOU, YOU'RE SAYING THAT THE VILLE IS GOING TO IMPACT YOUR VIEW WHEN IT'S

[02:55:01]

NOT ANY HIGHER THAN WHAT IT WAS.

THIS BUILDING WILL IMPACT YOUR VIEW.

RIGHT.

WE'RE, WE'RE AT A 45 DEGREE ANGLE.

AND SO WHAT WE'RE, DAVID'S BEEN GREAT BECAUSE WE ARE DISCUSSING THIS NOW, AND WE'RE ACTUALLY EVALUATING DIFFERENT SHADOWING AS WELL AS HOW THE VIEW IS ACTUALLY IMPACTED.

RIGHT.

AND WE'RE JUST RECEIVING THAT INFORMATION NOW.

UM, BUT HE AND I ARE IN COMMUNICATION TO BE OPEN-MINDED AND LOOK AT IT OBJECTIVELY.

RIGHT.

SO YOU, YOU MIGHT BE RIGHT, BUT WE'LL SEE IT.

I'VE, I'VE LIVED HERE 20 YEARS.

YES.

AND I'VE, AND I'VE BEEN WATCHING ALL OF THIS AND WAITING AND WAITING ALSO.

YEAH.

SO, I MEAN, WE'RE ON THE SAME TEAM.

YEAH.

WE'RE ALL ON THE SAME.

WE ARE, I'M JUST, I CAN'T SPEAK FOR ALL THE OWNERS OF THE BUILDING, BUT THERE IS A, A LOT THAT SUPPORT PROPER DEVELOPMENT.

THE ONLY THING WE'RE WONDERING IS RIGHT NOW, THE, UH, MA MET HAS BEEN HELD TO THAT STANDARD AND THEY'RE, THEY WERE APPROVED AT 83 6, I BELIEVE.

I'M NOT SURE.

THAT'S NOT WHAT THIS IS.

THAT'S NOT, THAT'S NOT TH THIS IS YOUR ACTUAL BUILDING FOOTPRINT.

YEAH, THIS IS THEIRS.

YES.

WHICH IS RIGHT AT ABOUT 45, 45 FEET.

I I THINK THEY'RE AT 83 FROM WHAT I UNDERSTAND.

THAT MIGHT BE THEIR SETBACK IS 83 FOR THE TOWER.

FOR THE TOWER .

SO, SO, OKAY.

SO MY POINT BEING HEIGHT, HEIGHT IS STILL GOING TO, TO IMPACT YOU.

AND I KNOW THAT Y'ALL HAVEN'T HAD ANY VIEW, YOU KNOW, CORRIDOR RIGHT.

IMPACTS AND IT'S HARD RIGHT.

TO, TO, YEAH.

YEAH.

YEAH.

I GET IT.

I GET IT.

YES.

YES, I GET IT.

I DO.

YEAH.

SO THE ONLY THING WE'RE WONDERING, AND WE'D LIKE TO SEE IT, IS I HEAR WHAT YOU'RE SAYING IS, UM, THE, UH, BUILDING DEPARTMENT HAS APPROVED 83 MM-HMM .

SO HERE WE'RE NOW BEING PRESENTED WITH 50, WHICH MAY WORK BASED UPON WHAT YOU'RE SAYING, BUT IT NEEDS TO BE PROPERLY VETTED OUT.

RIGHT? YEAH.

MICHAEL, WHEN IS THIS FIRST HEARD BY COMMISSION? UM, WHAT DOES YOUR SCHEDULING LOOK LIKE? MARCH, WE HAVE TO ADVERTISE, I THINK.

IS IT, IS IT MARCH? MARCH, MARCH 19TH.

THE END, THE END OF MARCH.

RIGHT.

SO THAT'D BE THE FIRST.

AND THERE'S STILL CHANGE TIME FOR THIS PROCESS TO CHANGE.

UM, RIGHT.

CAN'T CHANGE BECAUSE I DON'T WANNA DELAY THE RECOMMENDATION.

RIGHT.

ALL I'M SAYING IS THAT WHAT CAN'T CHANGE IS CREASING THE FDR.

SO, SO I, I THINK THAT THAT PRESERVING THE DIFFERENCE BETWEEN THE FIRST, WHAT WAS VOTED ON AND WAS ULTIMATELY PREEMPTED BY THE STATE WAS, DID NOT HAVE THE ARCHITECTURAL AND HISTORICAL SIGNIFICANCE THAT THIS PLAN HAS.

AND I THINK THAT THAT IS VITAL TO WHAT WE WANT TO PRESERVE AS A NEIGHBORHOOD TO WHAT WE WANT TO SEE AS PROTECTING SOME OF WHAT WE HAVE LEFT OF OUR RICH HISTORY.

AND, UM, I'M, I, I ALSO WOULD LIKE TO, I, YOU KNOW, I'LL LATER ON JUST CONTINUE.

OKAY.

ANY OTHER COMMENTS FROM Y'ALL? UM, BOARD? ANY OTHER QUESTIONS OR COMMENTS? IT'S, UM, I HAD A FEW, UH, COMMENTS.

COULD YOU, UM, GO THROUGH I GUESS THE, THE, I MEAN, I KNOW WHEN I SPOKE WITH YOU, WE MM-HMM .

OR NICK, UM, KIND OF, AND THIS IS FROM THE BEGINNING, I ALWAYS THOUGHT THE HEIGHT WAS A LITTLE BIT, UM, OUTTA SCALE WITH THE NEIGHBORHOOD.

AND I REMEMBER SEEING A RENDERING A WHILE BACK WHERE IT SHOWED THESE TWO TOWERS QUITE A BIT TALLER THAN MM-HMM .

THAN THE CARON.

NOW THEY'RE CLOSE.

MM-HMM .

UM, SORT OF THE HISTORY OF HOW THE HEIGHT DEVELOPED IT, THEY WERE PROPOSED TO BE A LITTLE TALLER, I'M ASSUMING AT ONE POINT.

I MEAN, DAVID'S NODDING HIS HEAD YES.

SO, AND THE REASON I'M BRINGING THAT UP IS BECAUSE IT, IT WAS A REDUCTION FROM LIKE 4 25 TO 400.

THAT'S CORRECT.

SO WHAT ARE, WHAT IS THE CARON NOW? WHAT'S THE EXISTING HEIGHT THERE? AND THEN THE PROPOSED HEIGHT FOR THE EAST TOWERS 3 50, 3 56.

3 56 IS THE CARON.

AND, AND THESE TOWERS ARE 400, 400.

SO ABOUT A LITTLE UNDER 50 FEET DIFFERENT.

AND THEN KOYA IS TALLER.

YEAH.

I, I JUST REMEMBER, I MEAN, 'CAUSE MY, ONE OF MY CONCERNS FROM THE VERY BEGINNING WAS JUST BEING ON A SCALE WITH THE SORT OF THE AS BUILT CHARACTER.

BUT I, I KNOW YOU, I GUESS YOU'VE DONE SOMETHING WITH THE HEIGHT AND, UM, IN THE PAST SIX MONTHS OR SO, UM, BECAUSE THIS LOOKS A LITTLE BIT MORE, UM, COMPATIBLE AND ALSO ONE OF THE, ONE OF THE, UM, SLIDES YOU PUT UP HAD A SORT OF A, ASSUMING IT'S ACCURATE MM-HMM .

SORT OF, THEY LOOK CLO YOU KNOW, WHEN, WHEN YOU STEP BACK AND LOOK AT IT, THEY LOOK CLOSE.

UM, 'CAUSE THAT WAS ONE OF MY, ONE OF MY, UM, CONCERNS, JUST THE, THE SORT

[03:00:01]

OF INCOMPATIBLE HEIGHT.

BUT, BUT NOW IT LOOKS A LITTLE BIT BETTER.

AND, AND, YOU KNOW, FROM THE BEGINNING, I'VE ALWAYS TOLD YOU THAT I'M, BECAUSE OF THIS SITE, THE, THE LARGE FRONTAGE, I'M, I'M OPEN TO, YOU KNOW, ADJUSTING THE FAR, ADJUSTING THE HEIGHT, UM, INCREASING BOTH OF THOSE FOR, FOR A PROJECT TO, TO GO, TO GO FORWARD.

UM, BUT, YOU KNOW, IN LISTENING TO SOME OF THE COMMENTS, UM, OBVIOUSLY THERE'S SOME ISSUES OVER THE SETBACKS.

UM, AND I, I TOO, YOU KNOW, BECAUSE THIS IS NOT A REALLY, IT'S NOT A, A REPLICATION, IT'S, IT, YOU CAN CALL IT A REINTERPRETATION, BUT IT, IT'S A NEW BUILDING.

UM, AND IT'S NOT GONNA MATCH THE, YOU KNOW, IN GENERAL, IT'S GONNA BE THE SAME, GENERALLY THE SAME HEIGHT, MAYBE SOME OF THE SAME FEATURES AS THE CAROLINE, I'M SORRY, AS, AS THE, UM, DOORBELL.

BUT, BUT IT'S GONNA BE A DIFFERENT BUILDING.

UM, SO WITH THAT, YOU KNOW, I, YEAH, I, YOU KNOW, I, I THINK IN TERMS OF SETBACKS, I, I THINK THERE IS MAYBE STILL SOME ROOM TO WORK WITH THE NEIGHBORS AND TRY TO COME TO SOME KIND OF AGREEMENT.

UM, AS OUR CHAIR SAID, I, I MEAN, YOU KNOW, I, I, MOST PEOPLE, EVERYONE'S PRETTY MUCH IN FAVOR OF SOMETHING GOING FORWARD HERE, AND I WOULDN'T WANNA HOLD THAT BACK, THE PROCESS.

UM, BUT I THINK GOING FORWARD, YOU DEFINITELY WANNA SIT WITH THE NEIGHBORS AND, AND DO SOME MORE, MORE TWEAKING OF THOSE, THOSE SETBACKS.

UM, AGAIN, BECAUSE THIS IS A NEW BUILDING, IN ESSENCE, IT'S GONNA HAVE THE NAME VILLE ON IT, BUT IT'S, IT'S A NEW BUILDING.

UM, IT'S NOT, YOU'RE NOT REALLY REPLICATING EXACTLY WHAT WAS THERE.

UM, SO, YOU KNOW, THAT'S, UM, ONE COMMENT.

UM, ANOTHER ONE I HAD, I KNOW IN ALL THE PRESENTATIONS I SAW, THERE'S GONNA BE TWO BEACH ACCESS POINTS.

ONE ON THE SOUTH END, ONE ON THE NORTH END.

BUT WHAT I JUST HEARD TODAY, THE NORTH END IS ELEVATED.

SO IF SOMEBODY WANTS TO WALK, THEY'RE GONNA HAVE TO GO UP A SET OF STAIRS, WALK OVER AND GO DOWN.

THAT SORT OF IS A SORT OF A DISINCENTIVE FOR SOMEBODY TO USE THAT.

UM, MAYBE IN TALKING WITH NEIGHBORS ABOUT THE SETBACK, SORT OF ON THE NORTH END AND THE EAST END, MAYBE YOU CAN WORK OUT SOMETHING THERE.

I UNDERSTAND YOU SAID YOU HAVE A LOT OF, I GUESS, BACK OF HOUSE GOING IN THAT AREA, BUT, YOU KNOW, IN TERMS OF IT BEING CALLED A BEACH ACCESS, I, I JUST, IT SEEMS LIKE SOMEONE HAS TO GO THROUGH THE PROPERTY ONCE THEY NEED TO GO UP A SET OF STAIRS.

WE'VE BEEN BACK AND FORTH ON THAT.

ORIGINALLY WE PROPOSED ELEVATED, BUT THEN WE THOUGHT PERHAPS BETTER AT GRADE, BUT THEN STAFF THOUGHT, WELL, ELEVATOR IS MUCH NICER BECAUSE THAT'S WHERE YOUR BACK OF HOUSE IS AND YOUR LOADING ZONE AREA, YOU DON'T WANT PEOPLE WALKING RIGHT NEXT TO THAT.

AND THERE'LL BE STAIRS, THERE'LL BE AN ELEVATOR.

I THINK THE PEDESTRIAN PATH THAT'LL BE USED THE MOST WILL PROBABLY IN THE SOUTH SIDE WITH THIS 18 FEET IN WIDTH MM-HMM .

BUT IN NORTH THERE'S A CURIOSITY FACTOR ABOUT IT.

'CAUSE IT IS ELEVATED MM-HMM .

AND IT'S LIKE A MINI SECTION OF A HIGH LINE, SO TO SPEAK.

SO YEAH, I MEAN, IT MIGHT END UP BEING A REALLY NICE WAY TO GET TO THE BEACH.

I JUST, YOU KNOW, I, I'M JUST, I JUST HEARD THAT TODAY THAT IT'S ELEVATED.

I DIDN'T KNOW, AND THAT GIVES ME A LITTLE PAUSE.

UM, BUT I MEAN, I I GUESS STAFF YOU'VE LOOKED MORE IN DETAIL AT IT AND ARE YEAH, YEAH.

ALSO BECAUSE, UM, THEY DO HAVE THE, THE, THE BEACH ACCESS IN THE SOUTH SIDE, SO THIS IS ANY PROPERTY WHERE WE HAVE BEACH ACCESS ON BOTH SIDES.

SO WE THOUGHT THAT HAVING AN ELEVATED ONE ON ONE SIDE, IT ACTUALLY I'LL HELPS COVER UP ALL THE LOADING AND OPERATIONS THAT PRODUCE WAS OPEN.

SO I THINK THAT ALSO WOULD BE BENEFICIAL TO THE, TO THE NEIGHBORING PROPERTY TO THE NORTH.

YEAH, JUST A CONCERN I HAD.

IT MAY END UP BEING A, A GREAT IDEA, I DON'T KNOW, BUT I JUST, AGAIN, I'M JUST HEARING THAT TODAY, SO IT, I'M, YOU KNOW, IT'S THINKING ABOUT IT NOW, UM, BY THE WAY, COULD I JUST ADD THAT BY BEING ELEVATED, YOU'RE LE YOU'RE NOT IN THE CANYON THAT WOULD BE, UH, HAPPENING THERE IF YOU WERE REALLY DOWN AT THE GROUND.

TRUE.

YEAH.

AGAIN, I, YOU KNOW, MAYBE THE MORE I THINK ABOUT IT, THE MORE I COME TO LIKE, IT, I DON'T JUST, AGAIN, I JUST, IT'S NEW TO ME.

THAT'S WHY.

UM, AND A FINAL COMMENT, I DO THINK THERE NEEDS TO BE A SUNSET PROVISION ON THE ORDINANCE.

IN OTHER WORDS, IF, IF WE GO BY, YOU KNOW, WE HEARD ABOUT, UM, OCEAN TERRACE THAT WAS APPROVED YEARS AGO, NOTHING HAPPENED.

IF WE GO HOWEVER MANY YEARS AND THERE'S NO PERMIT PULLED, I, I THINK BASICALLY THE ORDINANCE, UM, HAS TO GO AWAY.

WELL, I THINK YOU AGREED TO INCLUDE THE FIVE YEARS, RIGHT? YEAH.

MR. CEMENT WAS SAYING, WE GOTTA GET FIVE YEARS TO GET A BUILDING PERMIT.

WE DON'T GET IT.

THEN THAT TAKES AWAY THAT INCREMENT OF FLOOR, WHICH DEVASTATES THE PROJECT.

MM-HMM .

SO, THANK YOU, .

THANK YOU, .

OKAY.

THOSE ARE MY COMMENTS.

NOTHING, I, I WOULD JUST SAY, I, I THINK I'M OKAY WITH THE REAR, UH, SETBACK, YOU KNOW, THE, THE EASTERN SETBACK.

I THINK WITH REGARD TO THE SPACE IN BETWEEN THE NEIGHBORS, I THINK YOU GUYS HAVE DONE A GOOD JOB CLEARLY OF TAKING ADDITIONAL, YOU KNOW, ADDING ADDITIONAL SETBACKS.

BUT IT SEEMS LIKE THAT THERE'S STILL A LITTLE BIT OF WORK THAT MIGHT BE ABLE TO BE DONE, UM, TO PUSH THAT, UH,

[03:05:01]

YOU KNOW, TO PUSH IT A LITTLE BIT MORE.

AND, AND I JUST ENCOURAGE YOU TO DO SO.

BUT OF COURSE, BEAUTIFUL PROJECT AND, UM, LOOKING FORWARD TO IT.

OKAY.

UH, I'LL BE BRIEF AGAIN, EXCITED ABOUT IT.

I MEAN, IF YOU LOOK AT WHAT, UH, THE PROJECT ON FIFTH STREET HAS DONE, WHAT EIGHT SEVEN PARK HAS DONE, THEY'VE REALLY KIND OF, I GUESS, UH, BROUGHT A CERTAIN SENSE OF VIBRANCY TO THE RELATIVE BOOKENDS OF THE CITY.

UM, SO I'M EXCITED FOR WHAT CAN BE, UH, IN NORTH BEACH.

UM, IN TERMS OF, YOU KNOW, THE CONCERNS ABOUT NOT TOTALLY REBUILDING THE DOVAL, UH, ITS DIFFERENT TIMES THINGS, YOU KNOW, COST A DIFFERENT AMOUNT.

UH, AND ALSO I THINK THE CITY HAS DIFFERENT NEEDS.

SO WHAT ONCE WAS, YOU KNOW, A MUCH LARGER HIGHER DENSITY PROJECT? UH, I THINK KIND OF, YOU KNOW, WHAT THE DESIGN TEAM HAS RECONFIGURED IS GONNA BE BETTER SUITED FOR THE MIAMI BEACH OF TODAY.

UH, AS I, I MEAN, I'VE ONLY BEEN ON THE BEACH FOR, YOU KNOW, 30 PLUS YEARS, BUT MY MEMORIES OF OF THE DOVAL ARE, YOU KNOW, THE ARCHES AS YOU'RE DRIVING, UH, NORTH ON COLLINS.

AND I THINK FOR THE MOST PART, BETWEEN THAT AND THE RETAIL PROMENADE THAT'S COMING BACK, UM, I THINK THAT'S GONNA GO A LONG WAY TOWARDS BRINGING BACK THAT HISTORICAL SENSE FOR THOSE THAT HAVE SEEN IT.

SO THANK YOU.

YEAH.

I, I, UM, WANT TO SAY THAT I WANNA MOVE THIS FORWARD.

I THINK, UM, OBVIOUSLY WE'VE HEARD PRETTY MUCH OVERWHELMING SUPPORT, UM, UH, DAVID AND YOUR TEAM MICHAEL, UH, I APPRE, I CAN'T TELL YOU HOW MUCH I APPRECIATE THE, UM, THE OUTREACH TO THE COMMUNITY, BECAUSE TO ME THAT'S WHAT IT'S ALL ABOUT.

IT'S JUST GETTING A BALANCE OF, OF, YOU KNOW, QUALITY OF LIFE AND, AND SUCCESS WITH THE PROJECT.

SO, UM, AND I JUST WANNA REMIND EVERYBODY THAT SPOKE TODAY, AND THAT'S ON ZOOM, THAT THIS WILL BE GOING FOR THE COMMISSION IN MARCH.

ALL WE'RE DOING IS RECOMMENDING IT FAVORABLY, I ASSUME.

UM, AND THERE'S STILL MORE WORK TO BE DONE AND I, I APPRECIATE THAT YOU'RE GONNA CONTINUE TO WORK WITH THE NEIGHBORS AND IF THERE'S TWEAKS THAT CAN BE DONE AND AGREED TO, THEN THAT CAN BE PRESENTED TO THE COMMISSION.

SO AGAIN, THANKS FOR ALL THE OUTREACH AND UM, I, I THINK IT'S A GREAT PROJECT FOR THE NORTH BEACH.

SO, UM, I WOULD SAY THAT CONGRATULATIONS ON THE IMPROVEMENTS YOU GUYS HAVE MADE SINCE THE LAST TIME YOU PRESENTED.

I THINK THOSE ARE ALL POSITIVE CHANGES, BOTH IN DESIGN INTO AND THE ADDED SETBACK.

UM, I DO UNDERSTAND THE CONCERN THAT SOME OF THE RESIDENTS ARE SHARING WITH, UM, WITH THIS SETTING OF PRECEDENT FOR OTHER CONSTRUCTION PROJECTS.

I WOULD SAY THIS IS PRETTY MUCH OF A UNIQUE PROJECT THAT IT'S BEEN, UM, IN NEWS COVERAGE AND IN, UH, TALK FOR, UH, NORTH BEACH FOR A LONG TIME.

SO I WOULD, UH, LIKE TO THINK THAT THIS IS BEING TREATED A LITTLE DIFFERENTLY THAN IF IT WAS JUST A BRAND NEW PROJECT.

SO FOR THOSE CONCERNED ABOUT, UM, THE PRECEDENT THAT THIS IS SETTING.

SO, UM, JUST LIKE, UM, BRIAN JUST EXPRESSED, I'M LOOKING FORWARD TO, UM, SEEING THIS BOARD HELP, UH, THIS MOVE FORWARD CHAIR.

HI.

UM, SO, UM, JUST A COUPLE OF THINGS.

UM, I JUST, I WANT PEOPLE TO UNDERSTAND THAT WE WANNA SEE AS MUCH OF THE ORIGINAL STRUCTURE BEING REPLICATED AS POSSIBLE.

THE ORIGINAL PLAN WAS NO SETBACK AND YOU ALL LISTENED TO EVERYONE AND PUSHED IT BACK BY 50 FEET AS REQUESTED.

UM, I THINK THAT THE MORE OF THE ORIGINAL STRUCTURE THAT THAT CAN BE REPLICATED, THE MORE SPECIAL IT MAKES OUR AREA.

UM, AND THAT'S THE REASON THAT WE'RE DOING THIS.

AND ALSO THE REASON WHY THE FIRST, UH, PROPOSAL, SO TO SPEAK, WAS REJECTED WAS BECAUSE THAT WAS A SIGNIFICANT REQUEST BY THE COMMUNITY, WHICH WAS WE WANT TO SEE THE VILLE.

WELL, NOW WE SEE THE VILLE SO WELL A SIGNIFICANT PART OF IT, AND INCLUDING STRUCTURES THAT WE HAVEN'T SEEN SINCE THE SIXTIES.

UM, THE REDUCED POPULATION BY REDUCING THE HOTEL ROOMS IS EXTREMELY IMPORTANT.

UH, THE WATER CONSUMPTION DEMAND DECREASES BY 48 TO 50,000 GALLONS A DAY.

UM, SANITARY SEWER IS REDUCED OS OUTSIDE BY ABOUT 50,000 GALLONS.

UH, THE SOLID WASTE 421 TONS PER YEAR.

UH, THE TRAFFIC IMPACT ALSO REDUCES MORNING PEAK HOUR TRIPS BY 246 AND AFTERNOON PEAK HOUR BY 379.

SO THAT ALLEVIATES CONGESTION, IT ADDS TO OUR, OUR OVERALL QUALITY OF LIFE.

AND WE COULD HAVE OVER A THOUSAND HOTEL UNITS OR WHO KNOWS, BUT THIS IS A STEP IN THE RIGHT DIRECTION AND I BELIEVE THAT I HEARD DANIEL SERATO THE FIRST TIME SAY THAT THIS IS BETTER THAN THE ORIGINAL AND I APPRECIATE YOU.

THANK YOU.

ALRIGHT, SO I WANNA MOVE IT.

I'LL MAKE A MOTION TO MOVE WITH A FAVORABLE

[03:10:01]

RECOMMENDATION.

UM, I GUESS JUST TO INCORPORATE THE COMMENT, I MEAN, JUST AS THE COMMISSION'S DISCUSSING IT TO, I GUESS CONSIDER WHATEVER COULD BE WITH SETBACKS, UH, BUT GENERALLY FAVORABLE RECOMMENDATION AND I'LL SECOND.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? NO.

OKAY.

THIS WILL BE FOR BOTH ITEMS ON PB 24.

YEAH, THAT ACTUALLY THAT, THAT WAS THE FIRST ONE.

SO THAT WAS PLAIN BOARD OH 7 0 8.

UM, AND THEN WE WILL HAVE A MO, SOMEONE CAN ALSO MAKE A MOTION ON OH 6 9 3.

UH, I'LL MAKE THE SAME MOTION TO PASS FAVORABLE RECOMMENDATION TO THE COMMISSION, UH, WHILE HOPEFUL, WHILE HAVING THEM TO CONSIDER THE SIDE SETBACKS.

OKAY.

AND I'LL SECOND.

OKAY.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY, GREAT.

THANK YOU VERY MUCH FOR YOUR TIME.

APPRECIATE IT.

CONGRATULATIONS.

DO WE GET TO KEEP THIS OR ? WE'RE JUST GONNA LEAVE IT HERE.

WE'RE GONNA TAKE A, SO I WOULD SUGGEST I DO BELIEVE WE CAN FINISH THE AGENDA IN 15 MINUTES OH.

FOR THE REST OF THE ORDINANCES BECAUSE FOR THEM ARE JUST CLEANUPS AND ONE IS LIKE A MINOR HOTEL AMENDMENT.

OKAY.

SO IF YOU WANNA POWER THROUGH AND THEN DO LUNCH AFTERWARDS.

YEAH.

IF YOU GUYS WANT TO GRAB YOUR LUNCH, YOU CAN AND NEED IT WHILE WE'RE DOING THIS.

SO THE NEXT IS ITEM,

[18. PB25-0736. Ocean Terrace MXE Zoning District Change to CD-2 – LDR Overlay]

UH, NUMBER 18, PLANNING BOARD FILE 25 0 7 36 OCEAN TERRACE, MXC ZONING DISTRICT CHANGE CD TWO LDR OVERLAY.

SO THIS, THIS IS, UH, A CLEANUP AMENDMENT AS THE BOARD MAY REMEMBER LAST MONTH.

IF YOU LOOK ON PAGE 90 OF THE BOARD PACKAGES, YOU'LL SEE THE OCEAN TERRACE OVERLAY AS AND THE MAP ON THE TOP.

AND YOU'LL SEE THE, UM, THE ZONING DISTRICTS THAT ARE PLACED CURRENTLY, WHICH IS A CD TWO AND MXC ZONING DISTRICTS.

NOW WITHIN THIS AREA WE HAVE THE, THE OCEAN TERRACE OVERLAY.

AND THAT CODE SECTION REFERENCES BOTH THE MX C AND CD TWO.

SO SINCE WE HAVE THIS PENDING AMENDMENT TO REZONE THAT AREA, THAT'S MX C TO CD TWO, WE HAD TO FINE TUNE THE REGULATIONS OF THE OVERLAY DISTRICT TO REFERENCE THE CD TWO, WHETHER IT'S ON, UM, OCEAN TERRACE OR ON COLLINS AVENUE.

SO ALL THIS IS, IS A CLEANUP AMENDMENT.

THERE'S NO SUBSTANTIVE CHANGES.

WE'RE RECOMMENDING THAT THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.

THANK YOU.

PUBLIC COMMENT.

OKAY.

IS ANYONE HERE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? NOBODY ON THEIR HAND RAISED.

OKAY.

MOTION.

ANY QUESTIONS OR DOES SOMEONE WANNA MOVE IT? MOTION TO APPROVE.

OKAY.

I'LL SECOND IT.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

PASSES.

UH,

[19. PB24-0730. Increase of Minimum Hotel Unit Size Citywide. ]

NEXT ONE IS PLANNING BOARD FILE 27 0 7 30 INCREASE OF MINIMUM HEALTH HOTEL UNIT SIZED CITYWIDE.

WELL, THIS ORDINANCE IS, IT LOOKS PRETTY EXTENSIVE AND IT IS COMPREHENSIVE.

UM, WHAT IT DOES IS RIGHT NOW, PRETTY MUCH CITYWIDE WHERE HOTEL USES ARE ALLOWED, THE CODE HAS A PROVISION THAT REQUIRES 85% OF THE HOTEL ROOMS TO BE AT LEAST 3 35 SQUARE FEET.

BUT IT GIVES AN ALLOWANCE FOR UP TO 15% TO BE BETWEEN 300 AND FEET AND 35 SQUARE FEET.

WHAT THIS ORDINANCE DOES IS ILLUMINATE ELIMINATE THAT SMALL PROVISION OF 15% ALLOWANCE TO BE BETWEEN 300 AND 335 SQUARE FEET.

AND IT REQUIRES THAT ALL HOTEL UNITS BE ABOVE 335 SQUARE FEET.

WHAT IT ALSO DOES IS CLARIFY IN THE CD ONE DISTRICT WHERE HOTEL UNITS ARE NOT, WHERE HOTEL USE IS NOT ALLOWED IN THE CODE, THERE WAS A PROVISION THAT INCLUDED THE SIZE FOR HOTEL UNITS.

WE'RE TAKING THAT AWAY.

SINCE HOTEL ROOMS ARE NOT ALLOWED IN THE CD ONE, THERE'S NO REASON TO HAVE A MINIMUM HOTEL UNIT SIZE REQUIREMENT.

SO THIS IS JUST A CLEANUP FOR THAT PORTION TO REMOVE THE REFERENCE TO HOTEL USES IN THE CD ONE ZONING DISTRICT.

OTHERWISE IT DOESN'T CHANGE THE, THE ALLOWANCE FOR WITHIN HISTORIC DISTRICTS.

YOU KNOW, IT DOES ALLOW FOR, UM, RECONFIGURED HOTEL ROOMS AND ORIGINAL HISTORIC HOTELS TO BE AS LOW AS 200 SQUARE FEET.

IT DOESN'T MODIFY THOSE REQUIREMENTS.

IT DOES, HOWEVER, ALSO REMOVE THE ALLOWANCE FOR MICRO HOTEL UNITS IN THE TCC DISTRICT.

SO IN SUMMARY, JUST ELIMINATES THE PROVISION FOR SMALLER HOTEL ROOMS. UM, BETWEEN THREE HUNDRED AND THREE THIRTY FIVE SQUARE FEET ELIMINATES THE MICRO HOTEL UNITS IN THE TCC DISTRICTS AND CLARIFIES THE HOTEL UNITS ARE NOT ALLOWED IN THE CD ONE DISTRICT.

WHAT'S, SORRY.

NO, I GUESS WHAT'S THE PURPOSE OF THIS? MEANING AREN'T SMALLER HOTEL ROOMS BETTER FOR I GUESS SHUTTING DOWN THE PARTY, WHICH IS, YOU KNOW, WHERE, WHERE YOU HAVE 10 PEOPLE STAYING IN ONE LARGER ROOM? WELL, THAT WE'RE REMOVING, WE'RE REMOVING THE ALLOWANCE TO HAVE SMALLER HOTEL ROOMS. SO THIS, YOU'RE SAYING, WOULDN'T YOU WOULDN, DON'T YOU PREFER TO HAVE SMALLER UNITS? WE'RE TRYING TO ELIMINATE MICRO UNITS.

OH.

BUT UNITS, IF YOU HAVE, IF YOU HAVE A MICROTEL UNIT, YOU CAN ONLY FIT ONE PERSON IN THERE.

INSTEAD OF HAVING A LARGER UNIT WHERE YOU CAN FIT 10 PEOPLE IN THERE, PAY FOR ONE ROOM.

THIS, THIS, THIS ONLY, THE GOAL HERE IS TO THE DIRECTION THE CITY COMMISSION IS TO ACQUIRE LARGER UNITS.

SO WHY SO THAT SO THAT PRICES CAN GO UP SO THAT YOU CAN HAVE NICER HOTELS BEING BUILT? UM, THERE'S A WHOLE LOT OF REASONS AND WE HAD, YOU HAVE A MICRO HOTEL UNIT AND, BUT THEY STILL HAVE THREE OR FOUR PEOPLE IN THERE.

I MEAN, RIGHT.

THERE'S OFTEN SOME OF THESE HOTELS WHERE THERE'S NOT EVEN A CHECK IN AND STUFF WHERE THEY HAD THESE MICR

[03:15:01]

IN AND THEN EIGHT PEOPLE END UP SLEEPING IN IT.

RIGHT.

SO IT TENDS TO ATTRACT A ROWDIER CROWD, ODDLY ENOUGH.

MM-HMM .

RIGHT.

I THINK, AND, AND, AND ALSO I HAD A COUPLE OF QUESTIONS THOUGH, BUT ONE OF THEM WAS IT'S, IT APPEARS THAT YOU STILL ARE ALLOWED THE 200 SQUARE FEET IN ARM TWO CD TWO AND YEAH.

AND THE DISTRICT WHERE IT DOES ALLOW IT FOR, UM, FOR EXAMPLE, UM, CONTRIBUTING BUILDINGS AND HISTORIC SITES WITHOUT REMOVING THAT ALLOWANCE FOR SMALLER HOTEL ROOMS IN, IN THOSE, IN THOSE INSTANCES.

SO, SO THOSE EXCEPTIONS WOULD REMAIN IN PLACE.

THIS, THIS ONLY REMOVES THE EXCEPTION FOR NEW CONSTRUCTION, UM, IN THOSE AREAS.

SO WHAT ABOUT THE TCC? SO WE'RE STILL ALLOWED TO HAVE NO, NO, THE TCC DISTRICT WE'RE REMOVING THE ABILITY TO DO MICRO HOTEL UNITS ON, ON THE BOTTOM OF PAGE 100.

UH, IT SHOWS THAT THAT'S A, UH, AND THEY'RE ALLOWED, PROVIDED THAT THE MINIMUM OF 20% OF THE GROSS FLOOR AREA OF THE BUILDING CONSISTS OF AMENITY SPACE THAT MAY BOTTOM OF PAGE 100.

NO, THOSE WERE THE EXCEPTIONS.

BUT WE ARE REMOVING, SO THAT FOR THE, THE ABILITY TO, TO REMOVING THE ABILITY FOR NEW MICRO HOTEL UNITS, WE, WE HAVE THAT SECTION AND THE CODE FOR EXISTING, FOR EXISTING, FOR EXISTING UNITS THAT WERE, THAT WERE, THAT WERE PERMITTED.

OKAY.

SO THEY STILL HAVE TO MEET THAT REQUIREMENT.

BUT REMOVING THE ABILITY FOR NEW, FOR NEW ALREADY PERMITTED THAT ALL THIS IS GOING AWAY.

YES.

WE'RE, THIS IS GOING TO BE CITYWIDE BECAUSE THIS, AND I DO APPRECIATE COMMISSIONER ROSEN GONZALEZ FOR BRINGING THIS FORWARD.

I THINK IT'S IMPORTANT FOR OUR CITY TO MOVE AWAY FROM, FROM, FROM PROPERTIES THAT ARE TOO SMALL.

THE QUESTION, UNLESS I'M READING THIS WRONG, WHY IS OUR MICRO HOTEL UNITS STILL ALLOWED ON WASHINGTON AVENUE CONSTRUCTION? NO, I THINK THAT WAS FOR THE, UM, THE PROPERTIES ON WASHINGTON AVENUE FROM FIFTH STREET TO 16TH STREET FOR A NEW HOTEL CONSTRUCTION OR CONVERSION TO HOTEL USE.

THE MINIMUM HOTEL ROOM UNIT SIZE MAY BE 175 SQUARE FEET PROVIDED.

AND THEN, YOU KNOW, THERE ARE SOME REQUIREMENTS.

SO ARE THEY ON PAGE 100 OF THE RE REPORT? LEMME JUST LOOK AT THE ACTUAL ORDINANCE HERE.

OKAY.

IS IT SAYING CD TWO FOR WASHINGTON AVENUE TO 16TH? UM, THE NEW HOTEL CONSTRUCTION, THE MINIMUM HOTEL UNIT SIZE MAY BE 175 FEET.

PROVIDED THAT 20% OF THE GROSS FLOOR AREA OF THE HOTEL CONSISTS OF HOTEL AMENITY SPACE THAT IS PHYSICALLY CONNECTED TO AND DIRECTLY ACCESSED FROM THE HOTEL.

HOTEL AMENITY SPACE INCLUDES, INCLUDES AND IT GOES INTO ALL OF YOUR AMENITIES AND BARS AND RESTAURANTS WILL COUNT NO MORE THAN I, I FELT LIKE THAT WE WERE GETTING AWAY FROM THE 175 FEET AND, AND IT SORT OF, AND THE SAME THING WITH REAL COLLINS PARK AS WELL.

UM, AND YEAH, I I I FEEL LIKE COLLINS PARK WOULDN'T REALLY BE TOO THRILLED WITH, WITH HAVING 175 FOOT UNIT SIZES, BUT MAYBE I'M WRONG.

RIGHT.

YOU STILL ALLOW THE, UM, FOR CONTRIBUTING HOTEL STRUCTURES IN THE COLLINS PARK AREA TO BE 200 SQUARE FEET MINIMUM HOTEL ROOM SIZES OR FOR ADDITIONS OR FOR ROOFTOP ADDITIONS TO CONTRIBUTING STRUCTURES, UM, IN HISTORIC DISTRICTS.

BUT ARE YOU STILL CHECKING ON WASHINGTON AVENUE BECAUSE THAT, YOU KNOW, IT SHOWS, IT'S CLEAR, IT SAYS NEW CONSTRUCTION OR CONVERSION TO HOTEL OR, OR A CONVERSION TO HOTEL USE.

RIGHT.

WHICH PAGE ARE YOU READING FROM? 100 CD TWO DISTRICT BULLET 0.3.

RIGHT.

THOSE ARE THE EXISTING REGULATIONS.

UM, I THINK YOU'RE LOOKING AT THE SUMMARY OF WHAT'S IN THE CURRENT CODE.

MM-HMM.

BUT THE AMENDMENTS ARE, THE AMENDMENTS STARTED PAGE 1 0 3.

SO IN OTHER WORDS FOR CAN YOU REPEAT THAT PLEASE? JUST THAT I THINK WHAT, WHAT, UM, WHAT THE BOARD'S DISCUSSING, I THINK YOU'RE LOOKING AT THE SUMMARY OF THE EXISTING REQUIREMENTS, WHICH IS IN THE MEMO ON PAGE 99 AND 100.

UM, BUT THE CHANGES PROPOSED START AT PAGE 1 0 3 AND THERE, UH, BY ZONING DISTRICT.

THESE ARE THE NEW ONES ON THIS PAGE.

[03:20:01]

I SEE.

YOU'RE RIGHT.

OKAY.

THANK SO IF YOU LOOK AT THE STRIKETHROUGH IN THE TABLES, FORGIVE ME, I CAN'T READ.

THAT WAS CONFUSING.

SO, SO YOU'RE SAYING THAT ANYTHING, UM, THIS IS BETTER.

ALL A CD TWO, WHICH IS MOST OF WASHINGTON, ALL THE, THE, UM, REQUIREMENTS ON PAGE 1 0 9 WOULD GOVERN, WHICH IS DEVELOPMENT REGULATIONS TABLE.

OKAY.

EXCEPT FOR YOU STILL HAVE THE 200 SQUARE FOOT IN COLLINS PARK HOTEL.

RIGHT? 'CAUSE THE IDEA WAS TO KEEP, TO KEEP THOSE LOWER ALLOWANCES FOR CONTRIBUTING HOTEL BUILDINGS.

OKAY.

AND I DON'T KNOW, WHAT DO YOU ALL THINK? I THINK THE INTENT THERE WAS, UM, TO INCENTIVIZE THE REHABILITATION OF HISTORIC BUILDINGS RATHER THAN, I SEE I'M APPRECIATIVE OF THIS.

YEAH.

OKAY.

ORDINANCE.

SO CAN YOU, WHAT YOUR CONCERN ABOUT NO, I'M, I'M, I WOULD LIKE TO MOVE THE ITEM.

MOVE IT.

OKAY.

OKAY.

FAVORABLY TO COMMISSION.

OKAY.

OKAY.

HAVE A SECOND MELISSA SECONDS.

SCOTT, SECONDED.

ALL RIGHT.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY, GOES FAVORABLY THEN THE LAST SHOULD BE

[20. PB25-0740. Hotel Use Amendment]

AN EASY ONE.

PLANNING BOARD FILE 25 0 7 40 HOTEL USE AMENDMENT.

SO THE LAST ORDINANCE IS A CLEANUP AMENDMENT.

WHAT'S THIS LOSS? WE HERE, THIS IS ON PAGE ONE 20 OF THE BOARD PACKAGES.

THE COMPANION OF WHAT'S ALREADY GOING THROUGH COMMISSION.

RIGHT.

SO I THINK THE COMMISSION ACTUALLY ADOPTED IT AT FIRST.

WAS IT FIRST READING YESTERDAY OR SECOND READING? UM, REQUIRING A, UM, A WARRANT PROCESS FOR THE APPROVAL OF HOTEL UNITS ON PROPERTIES THAT ARE NOT DIRECTLY ON THE OCEAN FRONT.

WHAT THIS ORDINANCE DOES IS THEN INSTITUTE AND INCLUDE A REFERENCE WITHIN ALL THE ZONING DISTRICTS.

THIS NEW WARRANT PROCESS.

SO SOMEONE'S NOT CONFUSED THAT THEY CAN BUY.

RIGHT.

OR AS OF RIGHT, YOU KNOW, COME IN WITH A HOTEL PROJECT.

WE AMENDED ALL THE CODE SECTIONS TO REFERENCE THAT ANY APARTMENT, HOTELS, HOTELS, HOST HOSTELS OR SUITE HOTELS ARE ALLOWED SUBJECT TO THE REQUIREMENTS OF THIS NEW WARRANT PROCESS, WHICH DOES REQUIRE THIS, THIS STEP PROCESS FOR, FOR, BY CITY COMMISSION PRIOR TO THE APPLICATION OF ANY HOTEL PROJECT BEFORE LANDYS BOARD.

SO THIS, THIS DOESN'T, THIS DOESN'T, UM, THIS, THIS IS, THIS TIES INTO THE PROCESS THAT'S ALREADY IN PROCESS FOR THE WARRANT PROCESS FOR HOTEL USES.

I BELIEVE IT WAS ADOPTED AT FIRST READING BY CITY COMMISSION YESTERDAY.

SECOND READING.

SECOND READING.

OKAY.

IT WAS, THANKS NICK.

YEAH.

SO THERE'S NO SUBSTANTIVE CHANGES.

IT'S JUST, JUST A CLEANUP AND A REFERENCE TO THAT CODE SECTION.

ANYONE ON ZOOM? NOBODY ON ZOOM WITH THEIR HAND RAISED.

OKAY.

MOTION TO APPROVE.

I'LL MOVE IT.

WHAT'S THAT? I'LL MOVE THE ITEM FAVORABLY.

OKAY.

YES.

YOU'LL SECOND IT.

SO I'LL SECOND.

ALL IN FAVOR? AYE.

AYE.

ALL OPPOSED? OKAY.

PASSES.

YOU SAT HERE ALL DAY.

YOU DIDN'T SPEAK .

JUST ENJOYED IT.

HUH? YOU JUST WANTED TO SIT HERE AND I'M GAZE.

UM, ANY OTHER COMMENTS FROM THE BOARD? WE CAN ADJOURN.

THANK YOU.

ALL MEETINGS ADJOURNED.

THANK YOU.

THANK YOU.

OH, UM, SORRY MIKE, YOU HAD SOMETHING.

SEE YOU ALL NEXT MONTH, MARCH 4TH.

THANKS EVERYBODY.

THANK YOU.