* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. AIR IN 5, 4, 3, 2, 1. [00:00:06] OKAY, GOOD MORNING. WELCOME TO THE APRIL 8TH PLANNING BOARD MEETING. WE HAVE A, [APPROVAL OF MINUTES] UH, FULL ATTENDANCE TODAY. AND THE FIRST THING I'LL ASK THE BOARD TO DO IS APPROVE THE MINUTES FROM THE LAST MEETING. IF I COULD GET A MOTION TO APPROVE. MOTION TO APPROVE. SECOND. OKAY. ALL IN FAVOR? AYE. AYE. ANYONE OPPOSED? OKAY. THANK YOU NICK. GOOD MORNING, MR. CHAIRMAN AND MEMBERS OF THE BOARD. TODAY'S MEETING OF THE PLANNING BOARD WILL BE CONDUCTED IN A HYBRID FORMAT WITH THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL, AND APPLICANT'S STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM. TO PARTICIPATE VIRTUALLY THE PUBLIC MAY DIAL 1-877-853-FIVE 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 6 1 4 3 4 2 6 3 2 7. ANYONE WISHING TO SPEAK ON AN ITEM? MUST 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 PRINCIPLE ON WHOSE BEHALF THEY'RE COMMUNICATING. IF YOU'RE AN ARCHITECT, ATTORNEY, OR EMPLOYEE REPRESENTING AN APPLICANT OR AN OBJECTOR, YOU MUST REGISTER AS A LOBBYIST. THESE RULES APPLY WHETHER YOU'RE APPEARING IN FAVOR OF OR AGAINST AN ITEM OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE. UH, LASTLY, I'D LIKE TO SWEAR IN ANY MEMBERS OF THE PUBLIC OR STAFF WHO WILL BE TESTIFYING TODAY. PLEASE RAISE YOUR RIGHT HANDS. DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO. THANK YOU. ALRIGHTY. UM, WE'LL START WITH REQUEST FOR CONTINUANCE AND WITHDRAWALS, WHICH ARE SEVERAL. AND, AND MICHAEL, YOU KNOW, I KNOW THAT SOME OF THE BOARDS LIKE TO KNOW WHAT THE REASONS FOR IT. SO, UM, [2. PB24-0656. 1235 Washington Avenue. Night Club] AND THEN YOU'LL LET ME KNOW IF WE NEED TO VOTE ON IT. THE FIRST IS PLANNING BOARD FILED PB 24 0 6 5 6 12 35 WASHINGTON AVENUE NIGHTCLUB. SO THIS APPLICATION, THE APPLICANT HAS ACTUALLY WITHDRAWN IT, SO THE BOARD DOES NOT NEED TO TAKE ANY ACTION AT THIS TIME ON THAT APPLICATION. OKAY. [3. PB22-0539. 600 - 660 Washington Ave. Angler's Hotel.] THE NEXT ONE, PLANNING BOARD FILED 22 0 5 3 9 6 60 WASHINGTON AVENUE, THE ANGLERS HOTEL IN THIS CASE. THE, UM, APPLICANT IS REQUESTING A CONTINUANCE TO THE MAY 6TH MEETING. THIS WAS LAST ADVERTISED, UM, FOR THE, UM, FEBRUARY MEETING. THE BOARD, THE CODE PLACES A LIMIT IN TERMS OF THE TIMEFRAME, UM, THE MAXIMUM TIMEFRAME OF WHICH AN APPLICATION MAY BE CONTINUED. MAY 6TH IS THE LAST DATE THAT THE APPLICATION BE, COULD BE CONTINUED TO UNLESS THE APPLICANT PROVIDES, UM, PLANS AT THE TIME. SO AT THIS POINT, THE APPLICANT'S REQUESTING A CONTINUANCE TO THE MAY 6TH MEETING. THANK, YES, GOOD MORNING CHAIR WITH YOU BEFORE AN ATTORNEY FOR THE ANGLERS. UM, WE'VE BEEN HERE A COUPLE TIMES BECAUSE OF SOME OTHER OUTDOOR ENTERTAINMENT VENUES THAT HAVE BEEN MORE PROBLEMATIC. WE'VE HAD, YOU KNOW, THIS APP, THIS PROCESS STARTED A LITTLE BEFORE ALL THOSE, BUT WE'VE BEEN WORKING WITH NEIGHBORS THAT COULD BE IMPACTED TO MODIFY THINGS, MODIFY SPEAKER LOCATIONS. UH, WE WERE HOPING TO ACTUALLY CONTINUE TO JULY 'CAUSE WE NEEDED MORE TIME TO UPDATE THE PLAN AND TEST IT AND EVERYTHING ELSE. BUT IN SPEAKING OF MICHAEL THE LAST COUPLE DAYS, BECAUSE OF THE NOTICE PROCEDURES, WE CAN ONLY CONTINUE IT TO MAY. UM, AND THEN WE WILL BE AT THAT POINT PROBABLY SUBMITTING UPDATED DRAWINGS AND THEN ASK YOU FOR, YOU KNOW, A LITTLE MORE TIME AT THAT POINT, WE WOULD ASK YOU FOR MORE TIME TODAY, BUT WE JUST CAN'T BECAUSE OF THE TIMING OF THE PROCESS. SO WE, AGAIN, WE'RE ASKING FOR JUST MAY, BUT WE, WE, WE STILL THINK WE NEED A LITTLE MORE TIME TO FINALIZE THINGS AND MAKE IT RIGHT. IS THE PROPOSED OPERATOR STILL THE GUY THAT HAS THE GREEK RESTAURANT? OH, AS FOR THE, YEAH, YEAH, FOR THE, FOR THE, UH, FOOD AND BEVERAGE? YES. YEAH. OKAY. ALRIGHT. UM, SO WE SHOULD TAKE, UM, SEE IF, IF THERE'S ANY PUBLIC COMMENT I GONNA ASK AS FOR CONTINUANCE I WAS GONNA ASK, I'M ASSUMING NOBODY IN HERE IS HERE TO SPEAK ON THIS ITEM. ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. CLOSING HEARING. ANY QUESTIONS FROM THE BOARD? ALRIGHT, ALL IN FAVOR? WE NEED A MOTION FIRST, THEN MOTION TO APPROVE. SECOND IT. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? ALRIGHT. AND WHAT HAPPENS IF AFTER MAY THEY HAVE TO START THE WHOLE PROCESS OVER AGAIN? THEY WOULD HAVE TO JUST RE ADVERTISE IT. OKAY. ALRIGHT. YOU'RE AWARE OF THAT MICKEY, RIGHT? YES. OKAY, [4. PB24-0661. Commercial / Industrial/ Residential Height and Setback Regulation Modifications Citywide.] THANK YOU. OKAY, THE NEXT IS PLANNING BOARD FILE 24 0 6 6 1 INDUSTRIAL COMMERCIAL INDUSTRIAL RESIDENTIAL HEIGHT AND SETBACK [00:05:01] REGULATION MODIFICATION CITYWIDE IN THIS CASE, THE, UM, COMMISSION SPONSORS REQUESTING THIS ITEM BE CONTINUED TO THE JUNE 10TH MEETING. OKAY. DO WE NEED TO MOVE ON THAT OR, UH, YES, WE DO. WE SHOULD TAKE, UM, ANY COMMENT ON THE REQUEST FOR CONTINUANCE? OKAY. ANYONE HERE TO SPEAK ON THIS ITEM? ANYONE ON ZOOM? NOBODY ON ZOOM WITH THEIR HAND? OKAY. YOU WANNA MOVE IT? MOTION TO APPROVE. I'LL SECOND IT. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY, IT'S MOVED TO JUNE, CORRECT? YES, THAT'S TO JUNE. OKAY. NEXT IS PLANNING BOARD [5. PB25-0747. Vendor Appointments to Land Use Boards] FILE 25 0 7 4 7 VENDOR APPOINTMENTS TO LAND USE BOARDS. THIS IS SOMETHING THE CITY'S STILL WORKING ON THIS ORDINANCE, SO WE ARE REC WE ADVERTISED IT FOR TODAY'S MEETING, BUT IT'S NOT READY YET. SO WE'RE ASKING THAT THE BOARD CONTINUE THIS TO THE MAY 6TH MEETING. ANYONE HERE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? NOBODY ON ZOOM? OKAY. OBJECTION TO CONTINUE. I'LL SECOND IT. OKAY. ALL IN FAVOR? ANYONE OPPOSED? OKAY, NEXT [6. PB25-0758. 6701 Collins Avenue & 6625 Indian Creek Drive.] ONE. PLANNING BOARD FILED 25 0 7 5 8 67 0 1 COLLINS AVENUE AND 66 25 IN INDIAN CREEK DRIVE. SO THIS IS A DEVELOPMENT AGREEMENT WITH THE VILLE AND THE CITY. UM, THE CITY IS REQUESTING AT THIS TIME, THIS BE CONTINUED TO THE MAY 6TH MEETING AND IT MAY NOT BE HEARD BY THE PLANNING BOARD. THIS WILL BE HEARD AT FIRST READING BY THE CITY COMMISSION ON, UM, APRIL 23RD. IF THE CITY COMMISSION WANTS TO GET INPUT FROM THE PLANNING BOARD. THE IDEA IS WE CONTINUES TO THE MAY, THE MAY 6TH MEETING. IF THE CITY COMMISSION DOES REFER THIS TO THE PLANNING BOARD, IT CAN BE DISCUSSED IN MAY. OTHERWISE SECOND READING BY THE CITY COMMISSION CANNOT HAPPEN BEFORE THE MAY MEETING. SO AT THIS POINT, IN ORDER TO EXPLORE OR TO LEAVE OPEN ALL AVAILABLE OPTIONS, UM, THE APPLICANTS WILL QUESTION THAT THIS BE CONTINUED TO THE MAY 6TH MEETING. OKAY. ANYONE IN CHAMBERS TO SPEAK ON THIS? ANYONE IN ZOOM THERE? NO. ON ZOOM. OKAY. MOTION. MOTION TO CONTINUE. I SET IT. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY, SO MOVED. ALRIGHT, ONTO [7. PB21-0442. 743 Washington Avenue – Vendome.] REVOCATION MODIFICATION HEARINGS. ITEM PLANNING BOARD 21 0 4 4 2 7 43 WASHINGTON AVENUE VON DOME AND THIS STAFF REPORT BE AGAINST ON PAGE, UM, 11 OF THE BOARD PACKAGES. SO THIS HAS BEEN BEFORE YOU FOR QUITE A WHILE NOW. THE CURRENT REVOCATION MODIFICATION HEARING HAS BEEN BEFORE YOU SINCE, UM, PLANT THE PLANNING DEPARTMENT SENT A SECURE LETTER TO THE APPLICANT ON MAY 29TH, AND THE FIRST PROGRESS REPORT WAS HEARD BY THE BOARD ON JUNE 25TH OF LAST YEAR. UM, SINCE THE LAST TIME THIS WAS HEARD IN FEBRUARY, STAFF HAS HIGHLIGHTED IN YELLOW THE UPDATES IN TERMS OF THE, UM, WHERE THE, THE CODE CASES ARE. UM, MOST NOTABLY, AS INDICATED ON PAGE 13 OF THE BOARD PACKAGES, THE, THERE WAS A CASE REGARDING, UM, QUEUING ON THE SIDEWALK. AND THAT CASE ONE OF THOSE CASES HAS BEEN APPEALED TO THE SPECIAL MAGISTRATE, WHICH SCHEDULED BEFORE, WHICH IS SCHEDULED FOR, UM, APRIL 3RD. I'LL ASK MICKEY TO PROVIDE AN UPDATE IN TERMS OF THE OUTCOME OF THAT SPECIAL, SPECIAL MAGISTRATE MEETING. BUT WE ARE RECOMMENDING AT THIS TIME THAT THE BOARD HEAR FROM THE APPLICANT AND RECOMMEND THAT THE, UM, REVOCATION MODIFICATION HEARING BE CONTINUED TO THE JUNE 10TH, 2025 MEETING. GOOD MORNING AGAIN. MICKEY MARRERO TO THE SOUTH PIAM BOULEVARD ATTORNEY FOR VAN DOME. SO, UH, APPRECIATE STAFF'S, UH, COMMENTS. LAST TIME WE WERE HERE, I BELIEVE IT WAS IN FEBRUARY. UM, AND WE WERE TOLD IF THERE WERE NO NEW VIOLATIONS AND, YOU KNOW, GOING THROUGH SEASON SPRING BREAK, MIAMI MUSIC WEEK, ALL THE FUN STUFF THAT HAPPENED ON THE BEACH, WE WOULD, YOU WOULD ALL CON DISCONTINUE PROGRESS REPORTS. THERE HAVE BEEN NO NEW VIOLATIONS. A LOT OF SCRUTINY ON THIS PLACE, AS YOU GUYS KNOW. THERE'S, THEY'VE BEEN SQUEAKY CLEAN, NOTHING, UH, NOT ONE VIOLATION, NO COMPLAINTS, NOTHING SINCE THAT HEARING WHAT MICHAEL MENTIONED, THERE WAS A HEARING. I, I FOUND IT VERY BIZARRE. I'M NOT GONNA SPEND A LOT OF TIME ON IT, BUT THE VIOLATION THAT WAS SCHEDULED, THAT IT WASN'T APPEALED, IT WAS ADJUDICATED ALREADY. THIS IS THE ONE FROM MAY THAT STARTED THIS WHOLE PROCESS, THE QUEUING VIOLATION WHEN THEY DID ALL THE DIFFERENT CLUBS AFTER THAT ONE SHOOTING AT A DIFFERENT CLUB. THIS WAS THAT QUEUING VIOLATION FROM MAY. WE NEVER APPEALED IT. WE'VE DISCUSSED IT HERE AT LENGTH. WE'VE MODIFIED OUR PLAN, WE'VE FIXED THE ISSUE. FOR SOME REASON, THE CITY PUT THAT MAY, 2024 VIOLATION ON PROGRESS REPORT, I MEAN ON SPECIAL MAGISTRATE APRIL 3RD, WHICH WE DIDN'T APPEAL. SO WE JUST SHOWED UP AND SAID WE DON'T KNOW WHAT WE'RE HERE, IT'S ALREADY ADJUDICATED SPECIAL MAGISTRATE. OKAY, NO, FINE. THAT WAS THE ENTIRE HEARING. THERE WAS NO APPEAL. SO THERE WAS NO REASON FOR THAT REALLY TO GO BACK. BUT IT'S NOT A NEW VIOLATION. IT WAS ONLY THE MAY, 2024 VIOLATION. NOTHING'S HAPPENED. THE ONLY VIOLATION THEY'VE EVEN HAD SINCE THE SUMMER OF 2024 WAS THE ONE ON HALLOWEEN, WHICH WE'VE TALKED ABOUT AT LENGTH, WHICH WAS NEFARIOUS IN ITS OWN, BUT NOTHING ELSE SINCE THEN. SO WE BELIEVE THEY'VE BEEN OPERATING GREAT, BUT IS IS ANYTHING PENDING? ARE THERE NO APPEALS PENDING BEFORE THE MAGISTRATE? NO APPEALS PENDING, NO OPEN VIOLATIONS, NOTHING NEW SINCE THAT OCTOBER VIOLATION THAT WE'VE TALKED ABOUT AND BEYOND THAT, NOTHING SINCE THE SUMMER. NOTHING. OKAY. I I HAD HEARD THERE WERE PENDING MATTERS BEFORE MAGISTRATE THAT HADN'T BEEN ADJUDICATED YET. THE ONLY ONE THAT WAS THE ONE MICHAEL MENTIONED, IT WAS ON THE APRIL 3RD MAGISTRATE AGENDA. I APPEARED SOLELY, YOU KNOW, BUT AGAIN, WE NEVER APPEALED IT. SO IT HAD BEEN, SHOULD HAVE BEEN CLOSED BACK IN MAY. [00:10:01] THE CODE WAS CONFUSED AS TO WHY IT WAS THERE. THE MAGISTRATE WAS LIKE, FINE, BUT I'M NOT GONNA GIVE YOU A FINE, THIS IS AN OLD CASE. THAT WAS IT. THERE WAS NOTHING ELSE, NOTHING PENDING, NOTHING OPEN, NOTHING NEW. OKAY. ANYONE HERE IN CHAMBER SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. ALRIGHT. AND THE RECOMMENDATION FROM THE STAFF IS TO JUST MOVE IT ONE MORE MONTH TO JUNE? THAT'S, WE, THAT'S WHAT WE'RE RECOMMENDING. OKAY. THAT'S UP TO THE BOARD. OKAY. ALRIGHT. ANY QUESTIONS FROM THE BOARD? CAN I, I MEAN, SO IS THERE SOMETHING ELSE ON THE HORIZON IN TERMS OF A COMPLAINT OR SOMETHING? I MEAN, NO. LIKE I MENTIONED IN THE REPORT, THERE'S BEEN NO NEW, UM, CITATIONS OR VIOLATIONS SINCE WE LAST, UM, HEARD FROM THE APPLICANT. SO I MEAN, I, I DON'T SEE A REASON TO KEEP THIS OPEN. I'M WITH YOU NICK. I THINK THAT OUR, OUR LAST DISCUSSION WAS IF THERE WAS NO NEW, UH, UM, YOU KNOW, COMPLAINTS, WE WERE FINE TO MOVE THIS THROUGH. I MEAN, IF THERE COMES A NEW COMPLAINT, THEY'LL BE BACK IN FRONT OF US ANYWAY. SO I THINK INSTEAD OF WASTING EVERYONE'S TIME AND THIS, THIS IS A SLOW SEASON STARTING ANYWAY, SO I THINK IT'S A BIT OF WASTE OF TIME. WELL, LEMME ASK YOU THIS, YOU KNOW, IF WE CAN, WE DO SOMETHING WHERE WE KEEP IT ON THE CALENDAR, BUT IF THERE'S NO VIOLATIONS BETWEEN NOW AND THEN, THEN IT CAN BE CANCELED. I WOULDN'T DO THAT BECAUSE IT'S A, I THINK IF IT WAS A PROGRESS REPORT, I WOULD SAY YES, BUT BECAUSE THIS IS AN ACTUAL REVOCATION MODIFICATION HEARING, SO I THINK THE BOARD SHOULD TAKE ACTION TO EITHER CONTINUE IT OR CONCLUDE IT WITHOUT HAVING THAT SORT OF, UM, CRITERIA WHICH WE'VE DONE IN THE PAST. WE'RE CONTINUING IT PROVIDED THERE'S NO VIOLATIONS, THE APPLICANT DOESN'T HAVE TO COME BEFORE THE BOARD. I THINK BECAUSE THIS IS A REVOCATION MODIFICATION HEARING, THERE SHOULD BE SOME FORMAL ACTION BY THE BOARD TO CONCLUDE IT AND THEY'LL BE BACK IN FRONT OF US IF THERE'S ANOTHER VIOLATION OF THEIR COP ROOM. CORRECT. IF THERE IS A VIOLATION, THEN WE WOULD BRING THEM BACK BEFORE THE BOARD. WE WOULD JUST HAVE TO START THE, UM, MODIFICATION MODIFICATION HEARING PROCESS OVER AGAIN. THE, THE, THE WHOLE IDEA LAST TIME ABOUT CONTINUING TILL NOW IS TO SEE WHAT HAPPENED SPRING BREAK WITH SPRING BREAK AND TO MAKE SURE THAT WE WOULD HAVE POWER IF THEY HAD ANOTHER VIOLATION. AND THEN OF COURSE IF THEY DIDN'T HAVE A VIOLATION, THEY'D BE DONE. AND WE DON'T DO THIS FOR, I'VE, I'VE NEVER SEEN US LEAVE THIS OPEN FOR OTHER PLACES, YOU KNOW, JUST, JUST TO SEE WHAT HAPPENS MULTIPLE, MULTIPLE TIMES AFTER THERE'S NO NEW VIOLATION. SO I DON'T, UH, YOU KNOW, I DON'T UNDERSTAND WHY WE'RE SINGLING THEM OUT. MM-HMM . SO DO WE WANNA, UM, AND ALRIGHT, LAST QUESTION. DID UM, SO IF WE CLOSE IT OUT, YOU RECOMMEND THAT WE, THAT WE TERMINATE SPECIAL EVENTS OR NOT? WELL, I THINK THAT'S WHAT WE, AT THIS POINT WE'RE JUST RECOMMENDING CONTINUANCE. WE'RE NOT RECOMMENDING A MODIFICATION AT THIS TIME TO THE, UM, TO THE CP. OKAY. ALRIGHT. MY ONLY IF YOU GUYS HAVE A PROBLEM WITH THEIR BUSINESS MODEL, THAT'S A WHOLE DIFFERENT THING. I I, I DON'T SEE THAT BASED ON WHAT HAS HAPPENED, YOU KNOW, THIS IS, THIS ALL SORT OF CAME TO, YOU KNOW, THAT CULMINATED ON HALLOWEEN, THAT WAS OCTOBER, WE'RE NOW IN APRIL. YOU KNOW, SO IT, IT, IT'S, IT'S, I JUST THINK THAT THE ISSUE WAS RESOLVED. THERE HAVEN'T BEEN ANY NEW VIOLATIONS. I'M SURE THAT THERE WERE, YOU KNOW, AFFIRMA, YOU KNOW, JUST RANDOM CHECKS BY CODE MANY, MANY TIMES. UM, YOU KNOW, I SEE MICKEY NODDING HIS HEAD AND SO, YOU KNOW, I, OKAY. THAT'S MY ANY OTHER QUESTIONS OR COMMENTS? NO. YOU WANT OKAY, ELIZABETH, ANY QUESTIONS? ALRIGHT, SO WE WANNA MOVE IT. I'LL MAKE A MOTION TO CLOSE THIS OUT AND I DON'T KNOW, JUST, JUST TO CONCLUDE THE REVOCATION MODIFICATION. CONCLUDE THE REVOCATION MODIFICATION. I'LL SECOND THAT. ALL IN FAVOR? AYE. AYE. AYE. ANYONE OPPOSED? OKAY. THANK YOU. GOOD JOB. MICKEY MARRERO. TRY. ALRIGHT. PROGRESS [8. PB18-0252. 928 Ocean Drive. ] REPORTS. FIRST ITEM IS PLANNING BOARD FILE 18 0 2 5 2 9 28 OCEAN DRIVE, WHICH IS THE, UH, BASIC REQUIRED 90 DAY PROGRESS REPORT. THIS, THIS IS NOT DUE, SORRY, THIS IS NOT BEFORE YOU DUE TO A CODE, COMPLAINT OR VIOLATION. THIS IS JUST BEFORE YOU DUE TO THE STANDARD REQUIREMENT OF A PROGRESS REPORT. UM, JUST FOR SOME BRIEF HISTORY ON THIS APPLICATION, THIS WAS, WAS INITIALLY APPROVED BY THE PLANNING BOARD BACK ON APRIL 30TH, 2019 TO, UM, INCLUDE ENTERTAINMENT AND AN AND AN OPEN AIR ENTERTAINMENT AND, UH, NIE WITH AN OCCUPANT CONTENT IN EXCESS OF 200 PERSONS. THEY DID NOT GET THEIR BTR TO INCLUDE THE, THEY DID NOT GET THEIR BTR TO INCLUDE THE ENTERTAINMENT UNTIL JANUARY OF THIS YEAR. THEIR APPROVAL WAS HELD ACTIVE DUE TO, UM, MANY STATE EXTENSIONS. SO BEFORE YOU, NOW, JUST AS A TYPICAL, UM, PROGRESS REPORT, SINCE THERE HAVE BEEN NO COMPLAINTS OR VIOLATIONS ISSUED SINCE THEY HAD THE ENTERTAINMENT, UM, ADDED TO THEIR PTR, WE'RE RECOMMENDING THAT THE BOARD CONCLUDE THE PROGRESS REPORT AT THIS TIME. OKAY, SIR? HI. GOOD MORNING. MICHAEL PEGO, 200 SOUTH BISCAY BOULEVARD HERE ON BEHALF OF THE APPLICANT AND OPERATOR. JUST HERE TO ANSWER ANY QUESTIONS THAT THE [00:15:01] BOARD MAY HAVE. OKAY. ANYONE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NO ONE ON ZOOM WITH THEIR HAND RAISED. OKAY. CLOSE THE PUBLIC HEARING. ANY QUESTIONS FROM THE BOARD? OKAY, SOMEONE WANNA MOVE IT? I'LL MOVE IT. OKAY. MOVE TO CLOSE IT. SECOND. OKAY. ALL IN FAVOR? ANYONE OPPOSED? THAT WAS EASY. THERE YOU GO. THANK YOU VERY MUCH, . THANKS FOR COMING. OKAY. PLANNING BOARD FILED [9. PB21-0448. 235 23rd Street. ] 21 0 4 4 8 2 35 20 THIRD STREET, UH, PROGRESS REPORT FOR CHANGE OF OWNER. AND THIS REPORT BEGINS ON PAGE, UM, THREE NINE OF THE BOARD PACKAGES. THIS IS A LITTLE BIT DIFFERENT BECAUSE THERE ACTUALLY HAVE BEEN, UM, VIOLATIONS ISSUED. SO SOME, UM, BRIEF HISTORY ON THIS ON JULY 27TH, 2021, UM, A COP MODIFIED COP WAS ISSUED TO THE OPERATOR, MIAMI LOUD HOLDINGS LLC AS THE OPERATOR OF THE NEIGHBORHOOD IMPACT ESTABLISHMENT CONDITION TWO. THIS IS AS AN UNUSUAL CONDITION. CONDITION TWO OF THE COP ALLOWS SUBMISSION OF AN AFFIDAVIT TO TRANSFER APPROVAL TO A NEW OPERATOR OR OWNER, BUT DOES REQUIRE THAT THE PROGRESS REPORT BE SCHEDULED PRIOR TO THE APPLICANT'S SUBMISSION AND STAFF ACCEPTANCE OF THE AFFIDAVIT. SO THE APPLICANT REQUESTED THAT THE PROGRESS REPORT BE BE SCHEDULED BEFORE THE PLANNING BOARD ON DECEMBER 30TH OF LAST YEAR. THEY DID RECEIVE THEIR BTR FOR THE MODIFIED FOR THE AMENDED OPERATOR ON FEBRUARY 24TH OF THIS YEAR. NOW, AS PART OF ANY PROGRESS REPORT, WE DO A, A SEARCH OF OF CODE CITATIONS AND VIOLATIONS. AND WE DID NOTE THAT THERE, THERE WAS A VIOLATION ISSUED INITIALLY FOR NOT HAVING A BTR THAT WAS BACK, UM, IN DECEMBER. UM, THAT APPEAL WAS ACTUALLY APPEALED TO SPECIAL MAGISTRATE AND WAS DENIED. THERE HAVE BEEN, UM, OTHER VIOLATIONS AS NOTED IN A REPORT FOR HAVING A, UM, A PROMOTED EVENT SIMILAR TO UM, WHAT HAPPENED AT, UM, VAN DO WITHOUT HAVING THE APPROPRIATE NOTIFICATION TO THE POLICE DEPARTMENT. SO BECAUSE OF THAT, WE ARE RECOMMENDING THAT THE PLANNING BOARD HEAR FROM THE APPLICANT AND CONTINUE THE PROGRESS REPORT TO THE MAY 6TH, UH, MEETING. GOOD MORNING AGAIN. IT'S STILL MICKEY MARRERO 200 SOUTH PISCA BOULEVARD HERE ON BEHALF OF URA. UM, DIFFERENT VENUE HERE. SO MICHAEL'S CORRECT AND I'LL GIVE YOU A LITTLE BIT OF THE STORY. SO YEAH, WE ARE HERE BECAUSE IT WAS A CHANGE OF OPERATOR, NOT BECAUSE IT WAS A REVOCATION SITUATION, BUT THERE ARE SOME LITTLE HICCUPS AND I'M GONNA ADDRESS THEM. EACH ONE. WHAT HAPPENED WITH THIS VENUE? UH, THIS USED TO BE A CLUB CALLED GALA AND MOST OF THE, I THINK ABOUT 80% OF THE OWNERS DECIDED TO JUST CHANGE THE BRANDING, CHANGE THE NAME, AND THEY DID BRING IN A COUPLE NEW PARTNERS THAT OCCURRED AT THE END OF 2024. SO THEY OPENED, UM, WITH THE NEW NAME BACKER AND THAT WAS A MISTAKE. THEY, THEY CONTACTED ME AT THAT TIME. THAT'S WHEN I GOT INVOLVED. THEY WERE LICENSED. THERE WAS A BTR, THERE WAS A CU FOUR A NIGHTCLUB EXACTLY THE WAY IT WAS PROPOSED ON THAT PROPERTY. THE ISSUE WAS THEY SHOULD NOT HAVE BEEN OPERATING AS BACARA WITHOUT GOING THROUGH THIS PROCESS. SO THEY DID GET A VIOLATION FOR NOT HAVING A BTR FOR BACARA, BUT THEY DID HAVE A BTR FOUR EIGHT NIGHT CLUB THAT HAD ALL THE FIRE SAFETY THINGS AND EVERYTHING ELSE ON THAT SITE. IT WAS JUST A NAMING ISSUE. THEY STAYED OPERATING WITHOUT THE BACARA NAME UNTIL, UH, EARLY THIS YEAR WHEN THEY DID FINALIZE THROUGH THEIR LICENSING COUNCIL A MODIFICATION TO THE PROPER NAME AND HAD TO MODIFY THE LIQUOR LICENSE, ALL THE STATE LICENSING, THE VALET AND EVERYTHING ELSE. AND THAT WAS A RELATIVELY PAINFUL PROCESS 'CAUSE OF ALL THE DIFFERENT PARTIES AND AGENCIES. SO, UH, AS OF THE BEGINNING OF 2025, I GUESS FEBRUARY, THEY DID HAVE THEIR PROPER VARA LICENSE AND STARTED OPERATING UNDER THAT NAME. WITH THAT, YOU KNOW, GOING FORWARD, UH, THE, THE VIOLATION THAT WAS ISSUED WAS, YOU KNOW, A MISTAKE AND I SPOKE TO 'EM ABOUT IT. THEY HAVE SOME NEW PEOPLE THAT THEY BROUGHT IN TO RUN THE OPERATIONS. THERE WAS A RECENT CHANGE IN THAT ORDINANCE NOTIFYING THE POLICE. I'VE STRESSED TO THEM THE IMPORTANCE AND THAT THEY'RE NOT GONNA MAKE THAT MISTAKE AGAIN. IT WAS OF ALL THE DIFFERENT TIMES THEY'VE HAD THE EVENTS, THEY DID NOT NOTIFY ONE TIME IN A TIMELY FASHION. UM, SO THEY DID GET THE VIOLATION. WE DIDN'T APPEAL IT BECAUSE THEY WERE GUILTY AND I DIDN'T WANT TO GO THROUGH THE WHOLE SPECIAL MAGISTRATE PROCESS. I JUST TOLD THEM, FIX IT, GET YOUR PROCESS RIGHT. THEY UNDERSTAND NOW WHAT THEY HAVE TO DO. IF WE NEED TO COME BACK, UH, TO MAKE SURE IT DOESN'T HAPPEN AGAIN, WE'RE HAPPY TO DO THAT. BUT THAT REALLY WAS THE ONLY, THE ONLY ISSUE. OKAY. ANYBODY IN CHAMBER SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NO ONE ON ZOOM WITH THEIR HAND RAISED. OKAY. ANY QUESTIONS IN TERMS OF THE BUSINESS? YOU SAID THERE'S A CHANGE IN SOME MANAGEMENT OR, BUT HAS THE, I GUESS THE BUSINESS MODEL CHANGED AT ALL SO THAT IT'S NOW MORE PROMOTED EVENTS LIKE THE OTHER, IT'S THE SAME BUSINESS MODEL BEFORE, UM, JUST A COUPLE OF THE PARTNERS THAT WERE INVOLVED JUST WERE NO LONGER PART OF THE ENTITY, SO THEY CHANGED, BUT 80% OF THE PEOPLE WERE THE SAME. THEY WERE NOT OPERATING FOR, YOU KNOW, ABOUT ALMOST A YEAR BEFORE THEY REOPENED AT THE END OF LAST YEAR. BUT IS THAT, BUT I GUESS SO IS IT SIMILAR TO VAN DOM WHERE THEY HAVE PERFORMANCES INSIDE? THEY JUST NOTIFY THE POLICE. THEY JUST, THIS TIME THEY DIDN'T NOTIFY THE POLICE. IT'S, IT IS A SIMILAR, UM, BUSINESS MODEL. UM, AND THEY, THEY HAVE NOTIFYING EVERY OTHER TIME. THIS WAS JUST ONE WHERE IT SLIPPED THROUGH THE CRACKS. UNFORTUNATELY, [00:20:01] SOMETIMES, LIKE I MENTIONED, UH, AND AGAIN, I TOLD THEM AND I SPOKE TO THE PERSON THAT'S IN CHARGE AND I MADE SURE SHE WAS AWARE OF THE IMPORTANCE OF THIS AND THE SCRUTINY ON THIS. UH, SOMETIMES UH, SOMEONE'S IN TOWN, THEY DIDN'T HAVE IT WELL PLANNED AND THEY GET EXCITED. THEY, THEY, THEY, THEY DON'T NOTICE NOTIFY QUICKLY ENOUGH, BUT AGAIN, NOT EXCUSE, NOT EXCUSE. AND, UH, NOW THEY UNDERSTAND GOING FORWARD IT'S A NEW PERSON THAT WAS HANDLING IT. SO I DON'T EXPECT IT TO HAPPEN AGAIN. BUT LIKE I SAID, STAFF'S RECOMMENDING US TO COME BACK IF, IF YOU ALL WANNA MAKE SURE THAT THEY HAVE THIS IN ORDER, YOU KNOW, WE'RE, WE'RE HAPPY TO COME BACK. UM, BUT OTHERWISE, YOU KNOW, THERE'S, THERE'S REALLY NO OTHER PROBLEMS. SO, SO, UM, HOW CAN YOU FAIL TO COMPLY FOR 50 CENT BUT YOU CAN NOTIFY FOR EVERY OTHER ONE? I MEAN THAT SEEMS A LITTLE, THIS THAT'S WHAT I'M LOOKING AT. RIGHT. THE EMAIL'S THE SAME NO MATTER WHO THE ARTIST IS JUST A MATTER OF THE TIMING OF WHEN THEY SIGNED THEM. BUT SOMETIMES THEY DON'T PLAN THAT. BUT THAT'S A WELL KNOWN QUANTITY. I MEAN SO YOU JUST, THEY JUST NOTIFY THEM FOR NO, NO, NO. THEY, IT JUST, THEY, IT GOT OUT LATE. I MEAN, AGAIN, SOMETIMES THEY FIND OUT THE PERSON'S GOING TO BE AVAILABLE AND IT'S ALREADY WITHIN THE 96 HOURS SO THEY HAVE TO SCRAMBLE. YEAH. BUT IT WAS JUST ONE TIME OUT OF ALL THE OTHER ONES. YEAH, I DON'T THINK IT HAD ANYTHING TO DO WITH THE PARTICULAR ARTIST. I, OKAY. ALRIGHT. IF THERE'S NO OTHER QUESTION, I WANNA MOVE IT TO THE NEXT, TO CONTINUE TO JUST, ONE THING FOR ME IS IF WE MOVE IT, I'D RATHER MOVE IT TO THE JUNE MEETING. 'CAUSE THEN YOU KIND OF GET, UM, YEAH, MEMORIAL DAY. I WOULD SECOND THAT. GO AHEAD AND MOVE IT. SO I'D MAKE A MOTION TO UH, CONTINUE THIS TO THE JUNE MEETING. CAN I JUST SAY SECOND? CAN I JUST SAY ONE MORE THING BEFORE SURE. BEFORE READING THE DESCRIPTION ABOUT THE INTERACTIONS THAT OCCURRED DURING THE INVESTIGATION BY CODE ENFORCEMENT, I GUESS THAT WAS, YOU KNOW, BACK IN, UM, IN DECEMBER. YES. I MEAN I I'M SURE YOU CAN UNDERSTAND WHAT MY THOUGHTS ON THAT ARE. YEAH. AND IT'S, TO ME IT'S TOTALLY INAPPROPRIATE. THERE WERE SEVERAL PEOPLE WHO JUMPED IN THERE. I AM SURE IF WE SAW THE BODY CAMERA IT WOULD NOT BE FLATTERING FOR A LOT OF THEM. AND I JUST WANT TO MAKE SURE YOU SPEAK WITH ALL THESE PEOPLE. I MEAN, THERE WAS EVEN SOMEBODY FROM THE COLLINS PARK, THE PRESIDENT OF THE COLLINS PARK NEIGHBORHOOD WHO TRIED TO GET THE INVESTIGATION STOPPED. AND I JUST UNDERSTOOD, I HOPE THAT I READ YOU SPEAK WITH THEM BECAUSE AS YOU KNOW, YOU KNOW, WE'RE IMPRESSED WHEN WE SEE, YOU KNOW, THE INTERACTIONS WITH, YOU KNOW, SOMETIMES WITH THE GOOD TIME HOTEL, YOU KNOW, THE INTERACTIONS ARE REALLY PROFESSIONAL AND THOSE, THAT GOES A LONG WAY. AND SO WHEN YOU SEE INTERACTIONS LIKE THIS, ESPECIALLY THE CODE COMPLIANCE PEOPLE WHO ARE WORKING SO HARD AND DOING THE BEST JOB THAT THEY CAN, THEY'RE DOING THEIR JOB. EXACTLY THAT. AND SO I'M, I JUST, I YOU SHOULD TALK TO THEM. YES, I'M SURE YOU ALREADY HAVE. AND UM, JUST THAT WAS A CONCERN OF MINE, BUT HOPEFULLY WE DON'T SEE IT THAT AGAIN. IF I CAN RESPOND FOR JUST LIKE 15 SECONDS JUST SO I LOOK, I READ IT AND I ABSOLUTELY AGREE WITH YOU. UH, THAT WAS BEFORE MY INVOLVEMENT. I DID EXPLAIN TO THEM THE SITUATION, WHAT OCCURRED THERE, JUST TO PAINT A LITTLE COLOR. 'CAUSE YOU KNOW, THE GENTLEMAN THAT WAS MENTIONED IS SOMEONE WE ALL KNOW. I THINK IT WAS LIKE A GRAND OPENING. THEY HAD A LICENSE, THEY THOUGHT THEY WERE LICENSED. THERE WAS CONFUSION WITH THE NAME. SO THERE WAS A LOT OF CONFUSION AS TO WHY ARE WE BEING SHUT DOWN? WE HAVE THIS LICENSE. AND THAT PERSON SAW THERE WAS A LICENSE. SO THERE WAS A LOT OF CONFUSION. THAT WAS NOT INTENTIONAL. WE'VE DEALT WITH IT, BUT I TOTALLY UNDERSTAND YOUR, UNDER YOUR VIEW OF IT. COOL. THANK YOU. YEAH. WAS RAY'S INVOLVEMENT JUST AS YEAH, I KNOW IT'S BIZARRE THAT RAY WAS IN THERE TRYING, BUT I, AGAIN, IT'S LIKE THERE'S A LICENSE. I DON'T UNDERSTAND. YOU KNOW, IT WAS, I CAN SEE HOW THAT COULD HAVE HAPPENED. I WASN'T THERE, BUT IF ANYTHING I THOUGHT HE'D BE LIKE IN FAVOR OF THE CODES. NO, I THINK HE WAS, IT WAS SURPRISING. YOU KNOW, IT WAS A NICE VENUE. I GUESS HE WAS THERE HAVING A GOOD TIME. . RIGHT. IT'S ALL VERY BIZARRE. ALRIGHT, SO WE HAVE A MOTION TO CONTINUE IT TO JUNE, RIGHT? YES. DO WE HAVE A SECOND? SECOND. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? ALRIGHT, WE'LL SEE YOU THEN. THANK YOU ALL. WHAT'S THAT? WELL, I SAID THANK YOU. OH, OKAY. ALRIGHT. [10. PB22-0518. 818 Lincoln Road. ] NEXT ONE IS UNDER PROGRESS REPORT PLANNING BOARD FILED 22 0 5 1 8 8 18 LINCOLN ROAD. AGAIN, A REQUIRED 90 DAY STATUS. AND THIS STAFF REPORT BEGINS ON PAGE, UM, 49 OF THE BOARD PACKAGES. UM, THIS IS A PROGRESS REPORT THAT'S REQUIRED BY THE CUP THAT WAS INITIALLY APPROVED BY THE PLANNING BOARD ON SEPTEMBER 20TH, 2022. UM, THE BTR WAS ISSUED ON JANUARY 16TH. THE PROGRESS REPORT IS REQUIRED TO BE, UM, PRESENTED BEFORE THE BOARD WITHIN, I THINK IT'S 90 DAYS OF THE ISSUANCE OF THE BTR. UM, THERE HAVE BEEN NO COMPLAINTS REGISTERED AND NO VIOLATIONS ISSUED AS NOR TO A STAFF REPORT. SO I'M RECOMMENDING THAT THE PROGRESS REPORT BE CONCLUDED AT THIS TIME. WHAT'S THE NAME OF THE VENUE AGAIN? IT'S, UH, ORO AND ELIXIR. OH, IT'S ORO, OKAY. YEAH, ORO THE ONE ABOVE MILA. OKAY. YES. NOT VERY NICE PLACE. UH, JASON, IT'S LOVELY. THANK YOU VERY MUCH. UH, MY NAME IS IAN PACHEKO WITH AKERMAN 98 SOUTHEAST SEVENTH STREET, MIAMI, UH, HERE ON BEHALF OF, UH, THE CUP HOLDER, UH, GOLDEN ERA HOSPITALITY, DOING BUSINESS AS ORAL AND ELIXIR. UM, JUST HERE [00:25:01] TO ANSWER ANY QUESTIONS. THANK YOU. OKAY. ANYONE HERE TO SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. ANY QUESTIONS? SOMEONE WANNA MOVE IT? MOTION TO CONCLUDE. SECOND. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY, THANK YOU. [11. PB File No. 2046. 400 Collins Avenue – Parking Lot] OKAY, THE LAST PROGRESS REPORT IS FILED. PLANNING BOARD FILED 20 46 400 COLLINS AVENUE PARKING LOT. AND THIS OUR, OUR LAST PROGRESS REPORT. ACTUALLY THIS, YEAH, THIS IS A PROGRESS REPORT DUE TO CODE VIOLATIONS. THIS STAFF REPORT BEGINS ON PAGE 57 OF THE BOARD PACKAGES. JUST SOME HISTORY OF THIS PARKING LOT. THE CEP WAS ISSUED BACK ON MAY 22ND, 2007 TO OPERATE THE PARKING LOT, UM, AFTER MIDNIGHT AS VALET AND SELF PARKING. UM, THE COP WAS MODIFIED, UM, TO GO UNDER THE CURRENT OWNERSHIP, WHICH WAS, WHICH IS THE SAVOY HOTEL PARTNERS LLC. UM, ON FEBRUARY 27TH OF THIS YEAR, A VIOLATION WAS ISSUED REGARDING FAILURE TO MAINTAIN THE LOT IN ACCORDANCE WITH REQUIREMENTS OF THE CEP. WE DID SEND A SECURE LETTER TO THE SAVO HOTEL PARTNERS LC ON MARCH 19TH, ADVISING THEM TO APPEAR BEFORE THE PLANNING BOARD FOR TODAY'S MEETING. UM, FOR THE PROGRESS REPORT, WE DID PROVIDE SOME PICTURES IN THE STAFF REPORT IN TERMS OF THE, THE, THE DEFICIENCIES, UM, IN THE PARKING LOT. NOW WE UNDERSTAND THAT THE APPLICANT, UM, HAS TAKEN, MADE EFFORTS TO, TO ADDRESS THESE CONCERNS AND WE'RE GONNA PROVIDE SOME, SOME PHOTOS TODAY. SO WE'RE RECOMMENDING THAT THE BOARD HEAR FROM THE APPLICANT AND CONTINUE THE PROGRESS REPORT, UM, TO MAY 6TH TO 2025. AND WE DO BELIEVE THAT, UM, THIS CONTINUANCE WOULD ALLOW STAFF APPLICANT TO INSPECT THE PROPERTY AND MAKE SURE IT COMPLIES WITH, UM, ALL THE REQUIREMENTS. SO ALTHOUGH, ALTHOUGH WE ARE RECOMMENDING THAT THE BOARD CONTINUE TILL MAY 6TH, IF IN THE MEANTIME STAFF INSPECTS THE PARKING LOT AND FINDS THE, UM, THE, THE LOT MEETS THE REQUIREMENTS, THEN WE CAN ADMINISTRATIVELY JUST REVOKE IT FROM THE, UM, THE MAY 6TH AGENDA. I'LL TURN IT OVER TO THE APPLICANT. THANK YOU. THANK YOU, MICHAEL. GOOD MORNING. NICK NOTO FROM THE LAW FIRM BUILDING IN SUNBURG. OUR OFFICE IS AT 1450 BRICKELL AVENUE AND I'M HERE TODAY ON BEHALF OF SAVOY HOTEL PARTNERS. UM, THIS IS A PARKING LOT JUST SOUTH OF FIFTH AVENUE ON ON, UM, SO JUST SOUTH OF FIFTH STREET, UM, ON COLLINS. AND, UH, IT'S, WE'VE HAD A CP SINCE 2007. I DON'T THINK WE'VE HAD ANY CODE ISSUES. THE, THE LANDSCAPING HAS, HAS ALWAYS BEEN REALLY WELL MAINTAINED. AS SOON AS MY CLIENT F FOUND OUT ABOUT THIS, WE SPENT, I THINK THEY SPENT UPWARDS OF $9,000 FIXING ALL THE IRRIGATION, UM, DOING THE, THE NEEDED, UH, LANDSCAPE MAINTENANCE. UM, I'VE PROVIDED SOME PHOTOGRAPHS THAT I'VE PREPARED FOR YOU TODAY, MY PRESENTATION SHOWING TO YOU. THERE WE GO. UM, AND YOU CAN SEE THIS IS, UH, JUST THE INTERIOR PARKING LOT AND THEN A VIEW FROM, FROM COLLINS. AGAIN, SAME PHOTOGRAPHS WE CAN SEE, UH, TO US. WE BELIEVE THE PARKING LOT NOW IS LANDSCAPING IS NOW IN COMPLIANCE. ALL THE IRRIGATION HAS BEEN, UM, FIXED AND REINSTALLED WHERE NEEDED. AND AS MICHAEL SAID, I KNOW THEY HAVEN'T HAD A CHANCE TO GO OUT TO THE SITE, BUT, UH, LOOKING FORWARD TO CONTINUING TO WORK WITH STAFF TO MAKE SURE THAT THEY'RE, THEY'RE HAPPY WITH THE, THE STATUS OF THE PARKING LOT AND, UM, IF NOT, WE'LL COME BACK AND REPORT ON MAY 6TH. IS, UH, ERIC HAD, IS HE STILL THE UH, YES. OWNER. YOUR CLIENT? YES. OKAY. YEP, HE'S A GOOD GUY. UM, ANYONE IN CHAMBER SPEAK ON THAT? ANYONE ON ZOOM? THERE'S NOBODY IN ZOOM WITH THEIR HAND RAISED. OKAY. WELL I SAY THAT 'CAUSE I KNOW THAT HE'S A VERY RESPONSIBLE OPERATOR. SO ANY QUESTIONS FROM THE BOARD? SO IF, IF WE MAKE, IF WE CONTINUE THIS TO THE MAY 6TH CITY GOES OUT, SEE THERE ARE NO ISSUES, YOU CAN JUST PULL IT. YEP, WE'LL DO THAT. OKAY. ALRIGHT. LET'S MAKE A MOTION. I'LL MAKE A MOTION TO CONTINUE TO MAY I'LL SECOND IT. OKAY. ALL IN FAVOR? ANYONE OPPOSED? ALL RIGHT, THANK YOU EVERYONE. GOOD, THANK YOU. OKAY, [12. PB24-0734. Increasing and Enhancing Porous Surface Requirements for Parking Lots and Driveways.] PREVIOUSLY CONTINUED ITEMS. ITEM PLANNING BOARD FILE 24 0 7 3 4, INCREASING ENHANCING POROUS SURFACE REQUIREMENTS FOR PARKING LOTS AND DRIVEWAYS. AND I JUST, I'M SURE EVERYBODY GOT IT, BUT I, I, I RECEIVED A PRETTY INFORMATIVE, UM, EMAIL FROM AN ARCHITECT ABOUT THIS. I HOPE EVERYONE READ IT, BUT GO AHEAD. SURE. THANK YOU. UM, AND THIS STAFF REPORT BEGINS ON PAGE 73 OF THE BOARD PACKAGES. AND THIS ORDINANCE WAS INITIALLY REFERRED TO THE PLANNING BOARD BY THE CITY COMMISSION ON NOVEMBER 20TH OF LAST YEAR. UM, THIS, AN ORDINANCE WAS INITIALLY REVIEWED BY THE PLANNING BOARD ON JANUARY, UM, SEVENTH OF THIS YEAR. AT THAT TIME, CONCERNS WERE RAISED BY THE PUBLIC AND SOME BOARD MEMBERS REGARDING THE PROPOSAL TO NO, NO LONGER ALLOW POOLS TO COUNT AS PART OF THE MINIMUM PREVIOUS LANDSCAPE AREA REQUIREMENTS. GENERAL CHANGES TO COUNTY REVIEW REQUIREMENTS WERE DISCUSSED AS PART OF THE REASON FOR THIS CHANGE AND ACTION OF THE ORDINANCE WAS CONTINUED. SO THE DETAILS OF THE COUNTY REQUIREMENTS COULD BE PROVIDED. NOW JUST I'M GONNA PROVIDE SOME BACKGROUND HERE. CURRENTLY BUILDING PERMIT APPLICATIONS WHETHER PART OF UNINCORPORATED MIAMI-DADE COUNTY OR A MUNICIPALITY SUCH AS MIAMI BEACH ARE ALSO REVIEWED BY DERM, WHICH IS THE DEPARTMENT OF ENVIRONMENTAL RESOURCE MANAGEMENT. THIS INCLUDES, BUT IT'S NOT LIMITED TO PERMITS RELATED TO NEW CONSTRUCTION ADDITIONS, [00:30:01] INTERIOR REMODELING, CHANGE OF USE, DEMOLITION DOCKS, SEA WALLS, AND POOLS AS PART OF AN AMENDED COUNTY ORDINANCE, WHICH, WHICH WAS ADOPTED BY THE COUNTY ON SEPTEMBER 4TH OF LAST YEAR. DER WILL ALSO NOW BE ENFORCING NEW PREVIOUS AREA REQUIREMENTS AND ACCORDANCE WITH THE AMENDED COUNTY REGULATIONS. CURRENTLY, NON-STRUCTURAL IMPROVEMENTS SUCH AS A CONCRETE DECK, PAVERS, OR AN EXTENSION OF A POOL DECK ARE NOT REVIEWED BY DERM, BUT REVIEWED BY MIAMI BEACH FOR CONSISTENCY WITH CITY REGULATIONS STARTING IN MAR MARCH 34TH, 31ST OF THIS YEAR, DERM WILL BE REVIEWING ALL OF THESE STANDALONE APPLICATION TYPES. WERE NOT TIED TO A BUILDING PERMIT FOR COMPLIANCE WITH THE COUNTY'S NEW PREVIOUS REQUIREMENTS. NOW ALL MUNICIPALITIES, INCLUDING MIAMI BEACH, MUST PROVIDE CONFIRMATION THAT THE CITY CODE MEETS THE MINIMUM STANDARDS OF THE COUNTY ORDINANCE BY DECEMBER 31ST OF THIS YEAR. IF THE MUNICIPALITIES DO NOT MEET THE MINIMUM COUNTY STANDARDS, THEN DURHAM WILL WILL REVIEW THE IMPROVEMENTS NOTED ABOVE FOR CONSISTENCY WITH THE COUNTY REQUIREMENTS. NOW, WE DID INCLUDE AS AN ONLINE SUPPLEMENT, I THINK I EMAILED IT TO EVERYBODY. IT'S ALSO INCLUDED AS PART OF THE ONLINE PACKAGES FOR THE PUBLIC TO SEE IS THE, UM, WHICH IS A 87 PAGE COMMISSION MEMO DATED, UM, MAY 21ST OF LAST YEAR. AND WE DID HIGHLIGHT IN YELLOW AND GREEN THE PORTIONS OF THAT DOCUMENT THAT DIRECTLY RELATE TO THE CITY'S REQUIREMENTS AND MODIFICATIONS TO THE, UM, PERVIOUS SURFACE PURPOSE REQUIREMENTS. NOW WE NOTED OUR STAFF REPORT, WHILE SWIMMING POOLS ARE COUNTED CURRENTLY TOWARDS THE MINIMUM PURPOSE AREA REQUIREMENTS, THEY DO NOT FUNCTION REALLY AS PERVIOUS, UM, SURFACES. A PERVIOUS SURFACE IS DEFINED AS ONE THAT ALLOWS WATER TO INFILTRATE INTO THE GROUND, CONTRIBUTING TO GROUNDWATER RECHARGE AND REDUCING SURFACE RUNOFF. HOWEVER, SWIMMING POOLS ARE IMPERMEABLE STRUCTURES THAT PREVENT WATER INFILTRATION EFFECTIVELY INCREASING RUNOFF RATHER THAN MITIGATING IT FURTHER WITH THE INCREASING FREQUENCY OF HEAVY RAINSTORMS. POOLS OFTEN FILL QUICKLY AND OVERFLOW. THIS IS THE CASE. I HAVE A POOL, MY POOL FREQUENTLY OVERFLOWS. ONCE YOU GET MORE THAN THREE INCHES OF RAIN, IT OVERFLOWS THE SKIMMER AND THE WATER GOES INTO THE YARD. SO THIS IS SOMETHING THAT'S HAPPENING NOW ON AN, ON A, UM, A, UH, A MORE FREQUENT BASIS. SO WE DO BELIEVE THAT REMOVING POOLS FROM PERVIOUS SERVICE CALCULATIONS REFLECTS THE FUNCTIONAL REALITY OF HOW THE IMPACT STORMWATER MANAGEMENT AND DRAINAGE. WE ALSO BELIEVE THAT, UM, THAT, UM, REMOVING THIS REQUIRED, REMOVING THIS ALLOWANCE FOR POOLS TO COUNT AS PERVIOUS ALSO, UM, CREATES MORE CONSISTENT REGULATIONS BETWEEN THE, UM, THE CITY AND COUNTY. UM, OTHERWISE WE'D HAVE DIFFERENT CALCULATIONS WHEN THE COUNTY REVIEWS IT COMPARED TO WHEN THE CITY REVIEWS IT. IN TERMS OF THE PREVIOUS AREA REQUIREMENTS, NOW WE ARE ON THE SAME PAGE IN TERMS OF WHAT COUNTS AS PERVIOUS AND WHAT IS NOT COUNTED AS PERVIOUS. SO WE ALL RECOMMEND THAT THE BOARD, UM, REVIEW THE ORDINANCE AND TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION. I UNDERSTAND AS WELL THAT UM, SOME APPLICANTS HAVE BEEN CONCERNED REGARDING, THEY ALREADY HAVE A PERMANENT PROCESS WHERE THEY HAVE A, UM, LANDING BOARD APPLICATION THAT'S BEEN APPROVED. SO WE HAVE NO OBJECTION TO THE PLANNING BOARD, INCLUDING AN APPLICABILITY CLAUSE SUBJECT TO THE CITY COMMISSION, INCLUDING THAT AS WELL AS THE ORDINANCE AT THIS TIME THAT I'LL OPEN UP TO THE PUBLIC FOR. UM, ANY COMMENT? OKAY. ANYONE TO SPEAK ON THIS ITEM IN CHAMBERS COMING UP TO SPEAK? MICKEY? OKAY. BUSY DAY. WOW. IT'S LIKE MOVING. ARE THERE ANY OTHER LAWYERS IN TOWN? , I THINK I'VE CORNERED THE MARKET FOR THE MORNING. UM, GOOD MORNING AGAIN. MICKEY MARRERO TO OFFICE. BOULEVARD. SO TO MICHAEL'S POINT, UH, WE, WE HAVE A FEW APPLICATIONS I'M INVOLVED IN ONE IN PARTICULAR, BUT OUR OFFICE HAS SEVERAL WHERE AS YOU KNOW, THESE THINGS TAKE TIME. UM, SOME OF THEM MIGHT REQUIRE PLANNING BOARD LOT SPLIT THEN DRBA LOT OF ARCHITECTURAL WORK. SO WHILE WE UNDERSTAND THE ORDINANCE GOING FORWARD, WE'RE JUST ASKING HUMBLY THAT APPLICATIONS THAT HAVE ALREADY, IF, IF YOU GO TO PRE-APP, THAT MEANS YOU'VE GOT PLANS ALREADY DONE. YOU SPEND TENS OF THOUSANDS OF DOLLARS ON AN ARCHITECT AND THESE ARE SINGLE FAMILY HOMES. AND IT'S THE SMALLER LOTS YOU'RE GONNA HAVE THE BIGGER PROBLEM 'CAUSE YOU HAVE LESS SPACE TO WORK WITH. SO IF YOU'VE ALREADY DESIGNED IT TO CODE AS A CODE READ TODAY, IF THIS ORDINANCE TAKES EFFECT TODAY WITHOUT APPLICABILITY, THEN YOU'RE, YOU HAVE TO START NEW PLANS AND IT'S, IT'S A MESS. SO WE WOULD ASK THAT THE APPLICABILITY CLOSET WAS DISTRIBUTED. I THINK MATT AMSTER SENT SOMETHING TO YOU ALL, UM, THAT, THAT BE INCLUDED WITH YOUR RECOMMENDATION GOING FORWARD. THANK YOU. OKAY. ANYONE ELSE SPEAKING ON THIS ITEM? ANYONE ON ZOOM? MICHAEL? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. CLOSE THE PUBLIC HEARING. ANY BANTER AMONG THE BOARD? I'VE ANYONE ELSE? UM, I DEFINITELY THINK THAT THE APPLICABILITY PROVISION SHOULD BE INCLUDED. BUT MY QUESTION FOR STAFF IS, AND I'M NOT SAYING THE BOARD WOULD VOTE THIS WAY, BUT IF THE, IF THE BOARD VOTED WITH AN UNFAVORABLE RECOMMENDATION, THEN WHAT WOULD HAPPEN? WE'RE NOT IN COMPLIANCE WITH COUNTY REQUIREMENTS AND THEN ON EVERY FUTURE APPLICATION DURHAM HAS TO REVIEW. WELL, YEAH. UM, THAT'S, YEAH. SO, UM, YOUR, YOUR RECOMMENDATION IS JUST A RECOMMENDATION TO THE CITY COMMISSION. CORRECT. ULTIMATELY THE CITY COMMISSION WILL TAKE INTO CONSIDERATION WHEN THEY, UM, ADOPT THE ORDINANCE OR NOT. [00:35:01] BUT YES, IF, IF THE ORDINANCE IS NOT AS LEASED, AS RESTRICTIVE AS THE COUNTY, THEN THE COUNTY WILL CONTINUE TO REVIEW, UM, THOSE, THOSE PREVIOUS REQUIREMENTS. AND IS THERE ANY TYPE OF THRESHOLD MEANING, YOU KNOW, TO MICKEY'S POINT, IF YOU'RE DEALING WITH A, YOU KNOW, LARGER LOT, IT'S EASIER FOR A SINGLE FAMILY KIND OF HOMEOWNER TO, TO GET THROUGH THAT PROCESS THAN SOMEONE WHO HAS A SMALLER LOT AND THEY'RE TRYING TO DO WORK TO THEIR HOME AND NOW THEY, YOU KNOW, THEY CAN'T HAVE A FUNCTIONAL DRIVEWAY OR WHATEVER THAT MIGHT BE BECAUSE OF WELL, SO WE HAVE, SO WE HAVE, ALTHOUGH WE ARE INCREASING THE REQUIREMENTS FOR, UM, PREVIOUS LANDSCAPING IN, IN THE FRONT YARD FOR DRIVEWAYS, WE DO ALSO ALLOW YOU TO, UM, USE POROUS PAVEMENT, POROUS PAVERS TO COUNT AS PART OF THAT REQUIREMENT. PREVIOUSLY NONE OF THAT COUNTED TOWARDS YOUR PREVIOUS REQUIREMENTS. SO THAT IS ONE OF THE, ONE OF THE ALLOWANCES THAT WE ARE DOING IS TO OFFSET THE STRICTER REQUIREMENTS NOW, NOW REQUIRING YOU TO, OR NOW ALLOWING YOU TO HAVE, UM, PART OF YOUR POROUS PAVEMENT COUNT TOWARDS YOUR PREVIOUS LANDSCAPE REQUIREMENTS. GOT IT. SO WHEREAS PREVIOUSLY IT HAD TO BE LANDSCAPING. CORRECT. NOW YOU'RE ABLE TO USE THOSE PAVERS. CORRECT. COACH WOULD COUNT. GOT IT. AND HAS THIS, HAS STAFF HEARD FROM ANY ARCHITECTS, BUILDERS, WHATEVER THAT MIGHT BE AS TO THE POTENTIAL IMPACTS FOR HOMEOWNER? WELL, WE HAVE HOMEOWNER HAVE CONCERNS, LIKE YOU MENTIONED IN TERMS OF PROPERTIES HAVE SMALLER PROPERTIES THAT MAY WANT TO ADD A POOL, YOU KNOW, TO THE PROPERTY AND THEY'RE ALREADY BUILT OUT. I MEAN, THERE IS YOU, THERE ARE PROVISIONS, UM, WHERE SOMEBODY COULD APPLY FOR VARIANCE AND THAT TYPE OF SITUATION. I MEAN, 'CAUSE MY CONCERNS AT THIS NOW PUTS IT'S, IT'S REALLY KIND OF NEGATIVELY IMPACTING WHAT'S CALLED THE, THE MOM AND POP TYPE HOME HOMEOWNER WHO WANTS TO MAKE MODIFICATIONS TO THEIR HOME BUT, BUT CAN'T AFFORD TO BE IN COMPLIANCE OR, OR THEY JUST REASONABLY CAN'T BE IN COMPLIANCE. IF SOMEBODY, IF SOMEBODY IS ALREADY NONCONFORMING RIGHT NOW AND THEY REDO THEIR POOL, THEY THEY REDO THE ENTIRE HOUSE AS LONG AS THE VALUE OF THE RENOVATION IS UNDER 50%, THEY WOULDN'T BE REQUIRED TO COME IN COMPLIANCE WITH, WITH THESE REQUIREMENTS. SO THEY COULD REDO THEIR POOL, UM, THEY COULD REDO THEIR DECK AREA AS IF THEY, IF IF THEY WERE GOING EXCEEDING 50% OF THE VALUE OF THE, OF THE IMPROVEMENTS, THEN THEY WOULD BE REQUIRED TO COME IN COMPLIANCE WITH A CURRENT REGULATIONS. GOT IT. OKAY. MICHAEL, QUESTION. UM, SOMETIMES WHEN, WHEN APPLICANTS ARE IN FRONT OF THE BOARD, EITHER DRB OR HPB, UM, THEY MAY ASK FOR A VARIANCE FOR LIKE, UM, YOU KNOW, REQUIRED FRONT YARD SIDE YARD. SO IF THEY DO THAT AND THEY, THEY'RE ALLOWED TO PROVIDE LESS THAN WHAT'S REQUIRED, WOULDN'T THAT AFFECT THESE NUMBERS AS WELL? IN OTHER WORDS, WOULDN'T THAT BE SORT OF A END AROUND TO GET AROUND THIS, UM, SOME OF THESE, UH, REQUIREMENTS? UM, WELL YOU, WE WOULD, WE WOULD STILL COUNT THE, SO FOR EXAMPLE, LET'S SAY YOU HAVE A, A REQUIRED REAR SETBACK OF 20 FEET AND THE BOARD APPROVES A VARIANCE TO ALLOW YOU TO ENCROACH FIVE FEET INTO THAT SETBACK. THAT AREA OF THE BUILDING IS, IS GONNA COUNT AGAINST THEM IN TERMS OF THE PREVIOUS REQUIREMENTS. SO WE STILL, WE STILL TAKE THE CALCULATION FROM THE REQUIRED SETBACK MM-HMM . UNLESS THEY WERE TO THEN ASK FOR A VARIANCE FROM THE, FROM THE PREVIOUS LANDSCAPE REQUIREMENTS. OKAY. OKAY. THANKS. ONE OF THE, ONE OF THE ARCHITECTS HAD WRITTEN ABOUT, UM, ASKING THAT COURTYARDS BE TAKEN INTO CONSIDERATION. SO ARE WE, UH, INCLUDING SOME CONSIDERATION FOR COURTYARDS? WE DON'T HAVE THAT RIGHT NOW IN TERMS OF THE, IN TERMS OF, UM, OUR CONSIDERATION. UM, I UNDERSTAND, I UNDERSTAND THAT CONCERN THERE. AND IN TERMS OF THE WAY THE COUNTY LOOKS AT IT, THEY LOOK AT A, UM, A PERCENTAGE OF, UH, PURVIEW SPACE BASED UPON THE ENTIRE LOT. SO WHEN THE COUNTY LOOKS AT THAT, THEY WOULD CONSIDER THAT COURTYARD AREA TO COUNT IF IT DOES CONSIST OF PERVIOUS MATERIAL IN TERMS OF THE OVERALL, UM, PERVIOUS REQUIREMENTS. BUT OURS DOES, BUT THE CITY'S DOESN'T. WE NO. 'CAUSE OUR, OUR LOT COVERAGE AND PERVIOUS REQUIREMENTS ARE BASED UPON YOUR FRONT YARD, STREET SIDE, YARD AND REAR YARD. I MEAN, YOU COULD, YOU COULD RECOMMEND MAYBE THE CITY COMMISSION EXPLORE INCLUDING AN OVERALL, UM, LOT COVERAGE THAT'S, THAT'S CONSISTENT WITH THE COUNTY, HOW THE COUNTY CALCULATES THE OVERALL LOT COVERAGE FOR A PROPERTY WHICH GIVES, WHICH GIVES THE ARCHITECTS AND THE, UM, A LITTLE BIT MORE FREEDOM AND, AND, AND TAKING ADVANTAGE OF THOSE SPACES. RIGHT. YEAH, I CAN SEE THAT. 'CAUSE THAT THEN SOMEBODY COULD OFFSET THEIR MM-HMM . POOL WITH A INTERIOR COURTYARD THAT, THAT CONSISTS OF A PREVIOUS LANDSCAPING AND THEN IT BECOMES CONSISTENT WITH THE COUNTY. RIGHT. AND BECAUSE RIGHT, AND WE DID PROVIDE A DIAGRAM. SO RIGHT NOW, LIKE ON PAGE 70 OF THE BOARD, 70 OF THE BOARD PACKAGES, THE COUNTY DOES GIVE DIFFERENT REQUIREMENTS DEPENDING ON A SMALL LOT VERSUS A LARGER LOT. SO IF THE LOT SIZE IS LESS THAN, UM, 5,500 SQUARE FEET, THIS WOULD BE OUR SMALLEST RSS FOUR LOTS. UM, THE COUNTY REQUIRES THAT 20% OF THAT LOT AREA BE PERVIOUS AND FOR LOTS LARGER THAN 5,500 HUNDRED SQUARE FEET, THE COUNTY REQUIRES 25% OF THAT AREA TO BE PERVIOUS. AND IF SOMEBODY DOES HAVE A COURTYARD THAT WOULD COUNT TOWARD, THAT WOULD CONTRIBUTE TOWARDS THE OUS REQUIREMENTS, HOW DOES, HOW DOES THE BOARD FEEL ABOUT US? JUST, JUST TO GIVE A LITTLE BIT OF MORE ELBOW ROOM IN THE DESIGN HERE. I'M DEFINITELY IN FAVOR OF [00:40:01] THAT. UM, YEAH, AND I GUESS MY ONLY OTHER RESERVATION IS THERE'S A BIG DIFFERENCE BETWEEN A 5,000 SQUARE FOOT LOT AND A 20 OR 25,000 SQUARE FOOT LOT. AND THERE'S A LOT, I MEAN, WE KNOW IN MIAMI BEACH THERE'S A TON OF LOTS THAT ARE EITHER 7,500 SQUARE FEET OR 10,000 SQUARE FEET AND THOSE ARE TWO OF THE MOST COMMON LOT SIZES FOR SINGLE FAMILY HOMES IN MIAMI BEACH. AND YOU'RE ALMOST LUMPING THEM INTO, IN WITH THE 20,000, THE 20,000 SQUARE FOOT HOMES, UH, OR LOTS. AND I, I DON'T THINK THAT THAT'S NECESSARILY FAIR. SO I I, IN ADDITION TO, YOU KNOW, ESPECIALLY SINCE THE 5,000 SQUARE FOOT THRESHOLD IS SO CLOSE TO 7,500 SQUARE FEET, IT'S A, YOU'RE, IT'S A TOTALLY DIFFERENT ANA, YOU KNOW, TOTALLY DIFFERENT ANALYSIS MM-HMM . BUT ALMOST THE SAME MOD SIZE. AND SO I GUESS MY PROPOSAL IN ADDITION TO THAT WOULD BE TO ADD MAYBE SOME SORT OF MIDDLE GROUND FOR THE AVERAGE LOT SIZE, UM, GIVING THEM MORE FREEDOM AS OPPOSED, YOU KNOW, MAYBE, MAYBE IN INSTEAD OF 5,000 SQUARE FEET, PUTTING THAT UP TO LIKE 7,500 SQUARE FEET OR EVEN 10,000, WE CAN, WE CAN'T MODIFY THE COUNTY REQUIREMENTS. YEAH, NO, I KNOW, BUT I'M SAYING FOR, FOR, BUT WE'RE, BUT ISN'T THERE THE NO, SO YOU CAN'T, WE CAN'T DO ANYTHING SEPARATE FROM, BUT OUR, BUT OURS IS DIFFERENT THOUGH BECAUSE WE DON'T INCLUDE, UM, OR OURS IS ONLY THE SIDE AND, AND BACKYARDS AND FRONT YARD. RIGHT, RIGHT. THE, THE COUNTY WOULD INCLUDE A COURTYARD IN TERMS OF THE PREVIOUS AREA REQUIREMENTS. Y YEAH. AND, AND I LIKED THAT, THAT WE'RE GOING TO CHANGE IT AS YOU PROPOSE TO BE CONSISTENT WITH THE COUNTY. SO ANY CHANGE THAT ISN'T CONSISTENT WITH THE COUNTY DEFEATS THE WHOLE IDEA. MM-HMM . UM, WE ALSO, WE'RE NOT CREATING OUR OWN, WE'RE TRYING TO BE CONSISTENT AND I THINK THAT'S A GREAT IDEA. MM-HMM . BUT I MEAN BA BASED ON THE NUANCES IN THE CITY, TO JONATHAN'S POINT, WE CAN'T HAVE ANY KIND OF RECOMMENDATIONS TO THE COMMISSION TO INCLUDE SOME OTHER TYPE OF NUANCE. I THINK WE CAN RECOMMEND IT AND STUDY IT AND SEE HOW THAT IMPACTS AND IF THAT WOULD RESULT IN SOMETHING THAT'S LESS STRICT THAN THE COUNTY I KNOW RIGHT NOW. UM, WHAT WE DON'T, WHAT WE DON'T WANNA DO IS HAVE SOMEBODY BE ALLOWED TO MAKE UP THE REQUIREMENT BY HAVING A LARGE COURTYARD AND THEN HAVE TOO MUCH HARDSCAPE FACING THE NEIGHBORS AT THE REAR OR FACING THE STREET OR THE FRONT. SO WE DON'T WANNA HAVE THAT ALLOWANCE FOR THE PERVIOUS AREA, FOR A COURTYARD OFFSET THE REQUIREMENTS THAT ARE ALLOWED FACING WHAT THE NEIGHBORS SEE. THAT'S ALSO A CONCERN. I WOULD, UH, I MEAN, BE REALLY SUPPORTIVE IF THE COMMISSION WOULD CONSIDER JONATHAN'S KIND OF THRESHOLD OF, I I WOULD PREFER, LET'S SAY 10,000, WHICH SEEMS TO BE KIND OF THE AVERAGE LOT SIZE AROUND THE CITY. UM, SO THAT YOU'RE NOT KIND OF OVERLY , WOULD YOU BE RECOMMENDING THAT WE HAVE A DIFFERENT, UM, BECAUSE I WOULDN'T, WHAT I WOULDN'T RECOMMEND IS, IS CHANGING THE DEFINITION FOR POOLS, BUT MAYBE HAVING FOR SAYING, UM, A DECREASED, UM, PERVIOUS AREA REQUIREMENT. SMALLER, YEAH. ESSENTIALLY IT'S THIS CHART, BUT INSTEAD OF LOTS LESS THAN 5,500, IT'S LOTS LESS THAN 10,000 SQUARE FEET SUPPORT THAT. OR IS THERE ANY, LIKE, SO DOES THE STAFF HAVE ANY OTHER ANGLE FOR US? I GUESS EVERYONE'S CONCERN IS FOR THE SMALLER LOTS. RIGHT? WELL, I MEAN, SO, SO IS THERE ANYTHING THAT THE STAFF CAN, CAN RECOMMEND THAT WE CAN SORT OF EXPLORE AS OPTIONS TO MAKE SURE THAT THESE SMALLER LOTS, UM, YOU KNOW, HAVE A LITTLE BIT LOOSER? UM, LIKE I SAY, IT'S HARD. IT'S HARD. 'CAUSE IF WE, IF WE MODIFY AND SAY THAT, UM, FOR EXAMPLE, RIGHT NOW THE COUNTY SAYS FOR LOT LARGER THAN 5,500 SQUARE FEET, THEY HAVE TO GO TO 25%. IF YOU WOULDN'T RAISE THAT TO 10,000 SQUARE FEET, THEN THEY'D BE NON-COMPLIANT WITH THE COUNTY. BUT WHAT, WHAT ABOUT FOR THE ONES LIKE THE RENOVATIONS THAT AREN'T, UH, REVIEWED BY DERM? SO LIKE, JUST MAKING THE MODIFICATION, NON-STRUCTURAL IMPROVEMENTS, THE CONCRETE DECK PAVERS, THOSE ARE ALL, THOSE ARE ALL ITEMS THAT CURRENTLY AREN'T REVIEWED BY DERM, BUT DERM IS GOING TO BE REVIEWING THOSE. OH, THEY'RE GONNA START REVIEW, THEY'RE GONNA START REVIEWING THOSE. ALL RIGHT, WELL THEN IF YOU'RE SAYING THAT WE CAN'T DO ANYTHING, YEAH. SO WE ESSENTIALLY HAVE TO APPROVE AS IS. I MEAN, WELL, BUT I, I WOULD SAY JUST AT THE MINIMUM WE, WITH THE APPLICABILITY WITH THE APPLICABILITY COST, CAN WE DO A SEPARATE MOTION WITH RECOMMENDATIONS? YEAH. YEAH. SO, SO BUT, SO I, THE FIRST MOTION IS MOTION TO APPROVE WITH A FAVORABLE, FAVORABLE RECOMMENDATION. CORRECT. AND THEN JUST I'M, WE'RE TALKING ABOUT IT BEFORE. I'M MAKING MY MOTION. RIGHT. AND THEN THE SECOND ONE IS, THE SECOND ONE IS TO MAKE A MOTION TO MAKE A RECOMMENDATION FOR AN APP, UH, APPLICABILITY CLAUSE AS WELL AS THE CARVE OUT FOR, TO KEEP IT CONSISTENT WITH THE COUNTY SO THAT COURTYARD, INTERIOR COURTYARDS ARE EXCLUDED FROM THE CALCULATION YES. OR INCLUDED IN THE CALCULATION. CORRECT. SO GO AHEAD AND MAKE [00:45:01] THE MOTIONS. WAS IT INCLUDED IN THE CALCULATION OR EXCLUDED TO, TO BE PART OF THE PREVIOUS, TO COUNT TOWARDS PART OF THE PREVIOUS? SO I'LL MAKE THE FIRST THANK YOU. SORRY, I DIDN'T MEAN TO INTERRUPT YOU. UH, I'LL MAKE THE FIRST MOTION TO APPROVE THE FAVORABLE RECOMMENDATION. OH YEAH, I'LL SECOND THAT. WHAT'S THE SECOND? YEP. OKAY. ALL IN FAVOR? AYE. AND YOU? ANYONE OPPOSED? AND THAT CAN INCLUDE, THAT COULD INCLUDE THE APPLICABILITY YOU REFERENCED. OKAY. SO THAT THAT CAN YES, THAT'S, SO IT'S, IT'S FAVORABLE WITH APPLICABILITY. OKAY. AND THEN THE SECOND, GO AHEAD JONATHAN. UH, MOTION TO BRING THE CITY'S CODE TO BE CONSISTENT WITH THE COUNTY'S CODE IN THAT THE, UH, INTERIOR COURTYARDS ARE INCLUDED IN THE CALCULATION. I'LL SECOND THAT. THAT'S THE RECOMMENDATION. OKAY. MELISSA, SECONDED. ALL IN FAVOR OF THAT? ANYONE OPPOSED? JUST WANNA MAKE SURE THAT THE APPLICABILITY CLAUSE THAT YOU HAVE INCLUDES IF THEY'VE HAD A PRE-APP, PRE-APP AND OR SUBMITTED A BUILDING PERMIT. 'CAUSE SOME DON'T YOURS. YEAH. THE, THE APPLICABILITY CLAUSE THAT I HAVE IS, UH, FOR ANY LAND USE BOARD APPLICATION THAT PAID AN INITIAL APPLICATION FEE, OBTAINED A LAND USE BOARD FILE NUMBER AND PRESENTED A PROPOSED DESIGN AT A PRE-APPLICATION MEETING WITH STAFF. RIGHT. OR, AND I THINK WE ALSO HAD ALTERNATIVELY SOME THAT DON'T NEED OR AT THE BUILDING PERMIT PROCESS PROCESS. THANK YOU. YEP. SO JUST TO BE CLEAR, UH, UM, MICHAEL AND NICK, SO THE, UM, IF, IF, IF, IF THERE'S A NEW APPLICATION THAT HAPPENS BETWEEN NOW AND THE COMMISSION MEETING, SO DOES THE APPLICABILITY START? I'M JUST TRYING TO, JUST, JUST TO, TO BE CLEAR. SO WHEN DOES THE APPLICA, ARE WE LOOKING AT NEW PERMITS BETWEEN NOW AND THE COMMISSION WILL FALL UNDER THESE NEW TWO THINGS? I THINK THE EFFECTIVE DATE OF THIS ORDINANCE WAS DELAYED ANYWAY. SO THE ORDINANCE TAKES EFFECT 60 DAYS FOLLOWING ADOPTION. OKAY. SO AFTER THE COMMISSION, SO THIS GETS TO THE CITY COMMISSION IN MAY OR JUNE, IT'LL, IT STILL WON'T APPLY FOR ANOTHER 60 DAYS. OKAY. UM, AND THEN ON TOP OF THAT, WITH THE APPLICABILITY CLAUSE THAT THE BOARD JUST INCLUDED IN ITS RECOMMENDATION, THAT WOULD CAPTURE ANYBODY WHO'S ALREADY INITIATED THE PROCESS. ALRIGHT. JUST SO IT'S CLEAR FOR THE CLIENTS OF WHERE WE'RE GOING WITH THIS. RIGHT. OKAY. ALL RIGHTY. MOVING ON. SORRY. OH, GO AHEAD. ONE QUESTION ON THAT. SO IN TERMS OF ANY RECOMMENDATIONS, WE'RE CHANGING THE LOT, YOU KNOW, KIND OF THRESHOLD THAT'S SOMETHING WE COULD RECOMMEND TO THE COMMISSION OR BECAUSE IT'S NOT CONSISTENT WITH THE COUNTY, IT WOULD ESSENTIALLY JUST NOT BE CONSIDERED, YOU COULD RECOMMEND CHANGING THE THRESHOLD, BUT NOT IN A MANNER THAT IS LESS STRINGENT THAN THE COUNTY. GOT IT. SO ESSENTIALLY INCREASING THE THRESHOLD DOESN'T MATTER. CORRECT. RIGHT. OKAY. RIGHT. ONE MORE QUESTION. UH, RETAINING WALLS. SO RIGHT NOW, THE CITY, UH, I, I THINK THEY PERMIT USING KIND OF THE PVC VINYL RETAINING WALL. IF I, AS A MEMBER OF THE PLANNING BOARD WANTED TO BRING UP FOR DISCUSSION, NOT ALLOWING THAT AND ONLY ALLOWING, LET'S SAY CONCRETE RETAINING WALL, HOW WOULD THAT WORK? DOES THAT KIND OF WELL, I THINK SO THE COUNTY, SO THE COUNTY IS REQUIRING NOW WHEN YOU HAVE A GREAT DIFFERENCE, THEY ARE REQUIRING A RETAINING WALL BE INSTALLED. RIGHT. BUT THERE'S A DIFFERENCE BETWEEN THE PVC VINYL RETAINING WALLS AND THE CONCRETE RETAINING WALLS THAT I DON'T, LEMME SEE IF THE ORDINANCE RIGHT NOW MENTIONS, I DON'T THINK WE MENTIONED THE MATERIAL, THE RETAINING WALLS, UM, I DIDN'T SEE MENTION OF THE MATERIAL, BUT PERSONAL EXPERIENCE TRY, WE DO REQUIRE THAT THE RETAINING WALLS BE, BE BE FINISHED YEAH. IN A ACCEPTABLE MATERIAL. THEY DON'T, THEY DON'T ALL WORK THE SAME. SO MATERIALS ARE USUALLY GOVERNED BY THE BUILDING CODE UHHUH. UM, UNLESS WE HAVE, YOU KNOW, SPECIFIC AUTHORITY HERE TO, UM, TO SPECIAL BY ONE MATERIAL OF ANOTHER HAPPENS AT, I GUESS HOW, HOW COULD IT BE ESTABLISHED? WHAT MATERIAL WOULD BE USED THROUGH BUILDING CODE? WELL, SO RIGHT NOW IF YOU HAVE A RETAINING WALL ON YOUR FRONT PROPERTY, WE DO REQUIRE THAT THAT BE FINISHED. YOU CAN'T HAVE LIKE A STEEL, YOU KNOW MM-HMM . PILING, GOING THROUGH WITH A, THAT STEEL. WE DO REQUIRE A, UM, I THINK A, A STONE, A DRIBBLE MATERIAL STUCCO FINISH. RIGHT. WE DON'T REQUIRE THAT ALONG THE, THE SIDE ELEVATIONS, THERE WOULD BE ENOUGH FURTHER AMENDMENT, I THINK TO THE SINGLE FAMILY REGULATIONS. I THINK THAT WOULD BE SEPARATE FROM THIS ORDINANCE. AND, AND I DON'T THINK WE CAN DISTINGUISH BETWEEN TYPES OF MATERIALS, UM, ON WHO COULD DO THAT OR WHO CAN MAKE THAT DETERMINATION. I MEAN THAT'S A, THE BUILDING CODE IS A STATEWIDE CODE. UM, WE CAN LOOK, WE CAN LOOK INTO IT, BUT, BUT MY INITIAL THOUGHT IS THAT WE WOULDN'T HAVE JURISDICTION TO SPECIFY ONE MATERIAL OR ANOTHER. GOT IT. BUT NICK WOULD HAVE TO GO THROUGH BUILDING CODE TO RAISE SOME CONCERNS AND GET THE BUILDING CODE TO REVIEW SOME OF THE CURRENT MATERIALS THAT ARE USED. IS THAT WHERE HE WOULD GO? THE BUILDING CODE GENERALLY SPEAKING IS SILENT AS TO ONE MATERIAL OR ANOTHER. RIGHT. IT'S, UM, SO I DON'T, I DON'T KNOW THAT WE, WE COULD DO THAT. I DON'T KNOW THAT WE COULD SPECIFY THAT THE RETAINING WALLS HAVE TO BE CONCRETE AND NOT VINYL. SO WHICH LEVEL, WHERE DOES [00:50:01] IT GO TO? WHO, IS THIS ALL UNDER THE COUNTY OR IS IT STATE OR IS IT WELL, I THINK, I THINK WE CAN'T RECOMMEND, I THINK WE CAN'T REQUIRE A CERTAIN MATERIAL FOR THE ACTUAL RETAINING WALL, BUT MAYBE IT CAN REQUIRE THAT IT BE FINISHED IN A CERTAIN MATERIAL. OKAY. SO BECAUSE OF THE CONCERN. RIGHT. SO DOES THAT ANSWER, I GUESS YOU'RE TRYING TO GO GO A LITTLE DEEPER AND TRYING TO FIGURE OUT WHO YEAH, I MEAN I'VE JUST SEEN, I KNOW THAT I'M DEALING WITH IT WITH MY NEIGHBOR. I KNOW OTHER KIND OF FRIENDS OF MINE HAVE DEALT WITH THE SAME THING WITH THE WATER RETENTION. SO THOSE THAT HAVE KIND OF THE CONCRETE RETAINING WALLS, IT WORKS. THOSE THAT DON'T USUALLY HAVE SOME TYPE OF ISSUE. SO I WAS CURIOUS IF THAT'S SOMETHING THAT COULD BE DEALT WITH AS WE'RE TALKING ABOUT KIND OF ACTUALLY, UM, I JUST BROUGHT, BROUGHT UP A GOOD POINT IF I CAN JUST READ FROM THE CODE HERE. UM, SO WE DO HAVE A REQUIREMENT NOW THAT SAYS RETAINING WALLS SHOULD BE FINISHED WITH STUCCO STONE OR OTHER HIGH QUALITY MATERIALS IN ACCORDANCE WITH THE APPLICABLE DESIGN REVIEW OR APPROPRIATENESS CRITERIA. SO IT IS A REQUIREMENT NOW. GOT IT. OKAY. SO THAT'S A NEW REQUIREMENT, NOT JUST IN THE FRONT. OKAY. AND THAT'S AS FAR AS THE, THE, UH, THE FINISHES OR THE, THAT'S THE FINISHES. OKAY. THAT'S JUST THE FINISH. OKAY. OKAY. I THINK THAT, YEAH. THANK YOU. ALL GOOD. TO ANSWER YOUR QUESTION, MELISSA, THE, UH, THE BUILDING CODE IS AMENDED BY THE FLORIDA BUILDING COMMISSION, WHICH IS A STATEWIDE BODY. OKAY. THANK YOU. OK. OKAY, WE ARE ONTO [13. PB25-0744. Commercial Use of Single Family homes – LDR Amendment] NEW, UH, COMPREHENSIVE AND PLANNING CODE AMENDMENTS. FIRST ONE IS PLANNING BOARD FILE 25 0 7 4 4 COMMERCIAL USE OF SINGLE FAMILY HOUSES ON 1 21 OF THE BOOKS. THIS ORDINANCE WAS REFERRED BY THE CITY COMMISSION ON FEBRUARY 26TH OF THIS YEAR. AND WHAT THIS DOES IS FURTHER STRENGTHEN THE PROHIBITION ON USING A SINGLE FAMILY HOME. UM, FOR COMMERCIAL PURPOSES, IT DOES PROHIBIT THE SPONSOR THE SPONSORSHIP OF AN EVENT IN A SINGLE FAMILY HOME BY A FOR-PROFIT ENTITY AND PROHIBITS A PROMOTION OF ANY PARTY EVENT VIA SOCIAL MEDIA PLATFORMS. UM, ON PAGE 124 OF THE BOARD PACKAGES. THAT INCLUDES THE ADDITIONS IN TERMS OF WHAT'S PROHIBITED FOR SINGLE FAMILY HOMES, NOTING THAT, FOR EXAMPLE, ANY ADVERTISING, MARKETING OR PROMOTION OF ANY PARTY EVENT, ASSEMBLY OR GATHERING IN ANY PRINT, FILM, SOCIAL NETWORKING PLATFORM, OR ANY OTHER MEDIA THAT WOULD BE PROHIBITED IN ANY PARTY EVENT ASSEMBLY OR GATHERING A SPONSORED MANAGER OR PROMOTED BY ANY ENTITY OTHER THAN A CHARITABLE, RELIGIOUS OR POLITICAL ORGANIZATION OR CANDIDATE FOR PUBLIC OFFICE, UM, THAT HAS RECEIVED A 5 0 1 C3 OR OTHER TAX EXEMPT STATUS, UM, IN ACCORDANCE WITH THE APPLICABLE ELECTION LAWS. SO THIS IS JUST FOR THE STRENGTHENS, SOMEBODY USING, UM, THEIR, UM, HOME AS A PARTY HOUSE. SO THERE'S NO NO PERMIT THAT CAN BE OBTAINED. IT'S JUST A PURE OUTAND. RIGHT. OKAY. FOR ALL THIS WOULD BE FOR, FOR A ALL RESIDENTIAL HOMES ALL THROUGH THE BEACH. RIGHT. THIS IS FOR A FOR-PROFIT ENTITY. IT DOESN'T AFFECT THE, THE NONPROFIT RIGHT. AND THE, UM, THE POLITICAL PARTIES. BUT IF, AGAIN, IF SOMEONE WANTS TO HAVE A BIRTHDAY PARTY IN THEIR BACKYARD AND IT'S, THEY HAVE MUSIC AND ALL THAT, THAT'S FINE. YOU'RE NOT PROMOTING IT AS A, YOU KNOW, OPEN TO, YOU KNOW, PROMOTING IT AS A PARTY ON SOCIAL MEDIA. RIGHT. SO YOU DON'T HAVE TO HAVE A SPECIAL EVENT PERMIT OR, WELL, IT DEPENDS ON HOW, I MEAN, I'M JUST SAYING IF, IF I'M HAVING A BIRTHDAY PARTY, YEAH. I DON'T HAVE SOCIAL MEDIA, BUT I PUT IT ON INSTAGRAM. HEY FRIENDS, PLEASE JOIN ME. IS THERE SOME GRAY AREA THERE WHERE CO'S GONNA COME IN AND SHUT DOWN MY BIRTHDAY PARTY? , IF YOU'RE BOTH LOOKING AT EACH, EACH OTHER, I THINK'S DIFFERENT. I THINK THERE'S A DIFFERENCE BETWEEN, I DUNNO WHAT THIS IS, UM, BETWEEN, I THINK THERE'S A DIFFERENCE BETWEEN PO POSTING AN EVENT ON SOCIAL MEDIA AND INVITING YOUR FRIENDS AND FAMILY. MM-HMM . VERSUS, UH, POSTING A SPECIAL EVENT ON SOCIAL MEDIA AND, AND OPENING IT TO THE PUBLIC AND HAVING 50,000 PEOPLE READ A CODE WILL VIEW IT THIS, WITH THAT NUANCE AND DISTINCTION. RIGHT. OKAY. THE KEY IS ADVERTISING. 'CAUSE THEY DON'T ADVERTISE YOU. IT'S HOW, IT'S LIKE, HOW DO YOU FIND OUT BUT MEAN THAT'S, YOU CAN SEND INVITATIONS. HUH? YOU CAN SEND INVITATIONS. YEAH. NO, I'M, I, I'M FOR THIS, I'M JUST, THE ENFORCEABILITY IS ALWAYS AN ISSUE. BUT ANYWAY, I, I THINK THIS WAS DIRECTLY LINKED TO WHAT WE HAD DEALING, UH, DURING ART BASEL. OH YEAH. THE VENETIAN AND, UM, HIBISCUS ISLAND. ISLAND. THEY ALL, THIS IS WHERE WE HAD, YOU KNOW, HOUSES THAT WERE, WE'RE POSTING ON SOCIAL MEDIA FOR THESE BIG, UM, PARTIES THAT WERE COMMERCIAL, OBVIOUSLY WITH BOATS OUTSIDE ADVERTISING FOR IT. SO I THINK WE'RE, WE'RE, WE'RE, THAT'S WHAT WE'RE TRYING TO DEFEAT HERE. UM, AND IT'S VERY WELCOME. THE CITY DID AN EXCELLENT JOB DURING OUR BASEL, THE MAYOR, THE CITY MANAGER, THE CODE COMPLIANCE AND THE COPS, AND HELPING US DEAL WITH THE, THE CHAOS THAT WE HAD DURING ART BASEL. SO WE'RE TRYING TO PREVENT THESE, UM, THIS TO HAPPEN AGAIN FOR, UH, NEW YEAR'S EVE AND ART BASEL AND THOSE BIG TIMES OF THE YEAR. BUT I'D LIKE TO, TO DO SOME OF THE CONCERNS. WE'VE JUST GOTTA MAKE SURE THAT THIS DOESN'T GET CROSSED OVER IN SOME OF THE PERSONAL, UH, HOSTING EVENTS. SO WE, YOU KNOW, WE JUST WANNA MAKE SURE THAT WE'RE FEELING COMFORTABLE THAT NOT THE WRONG PEOPLE ARE TARGETED HERE. AND [00:55:01] NICK, JUST AS AN ASIDE, THAT THAT'LL SUSTAIN, UH, LEGAL SCRUTINY, LIKE IF, IF A HOMEOWNER WERE TO SUE OVER THAT BOARD? YES. YEAH. OKAY. IS, ISN'T THERE LIKE A LOOPHOLE THOUGH, THAT IF SOMEBODY WANTS TO HAVE LIKE THIS BIG PARTY AT THEIR HOUSE DURING OUR PAUSE OR WHATEVER, AS LONG AS THEY SAY A PORTION OF THE PROFITS ARE GONNA GO TO CHARITY, YOU KNOW, THIS NONPROFIT, UM, I THINK THAT'S PART OF THE REASON FOR THIS AMENDMENT, RIGHT? BECAUSE, UH, WHERE, WHERE RIGHT NOW, UH, AN EVENT LIKE THAT MIGHT NOT BE COVERED BY THIS ORDINANCE. THE ORDINANCE INCLUDES EVENTS THAT ARE MAYBE NOT NECESSARILY CHARGING ADMISSION, UM, BUT ARE BEING WIDELY PROMOTED ON THE INTERNET OR IN SOME OTHER MEDIUM, UM, OR, YOU KNOW, EVENTS THAT ARE OTHERWISE, AGAIN, NOT CHARGING ADMISSION, BUT ARE OTHERWISE SPONSORED BY, LET'S SAY SOME, YOU KNOW, A A PRIVATE CORPORATE SPONSOR, SOMEBODY IN THE, YOU KNOW, UH, OTHER THAN A NONPROFIT OR POLITICAL PARTY. AND IF IT IS A NONPROFIT, DO THEY NEED SOME TYPE OF PERMITTING OR JUST THEY CAN JUST HAVE A PARTY? AREN'T WE LOOKING AT LIKE, FOR BEYOND A HUNDRED, I, IF I MIGHT NOT HAVE THE NUMBERS RIGHT, BUT IF I REMEMBER IN DISCUSSING WITH A COUPLE OF COMMISSIONERS IS ANYTHING BEYOND A HUNDRED OR 150 PEOP YOU KNOW, UH, GUESS YOU WOULD HAVE TO APPLY FOR A SPECIAL EVENT PERMIT AND YOU'RE ALLOWED A CERTAIN AMOUNT PER YEAR AT YOUR HOME. I THINK I REMEMBER THAT. THAT IS, I THINK THAT WAS ADDRESSED IN SEPARATE LEGISLATION. THAT IS NOT IN THE LAND DEVELOPMENT REGULATIONS. UM, THAT WAS, THAT, UH, WAS JUST REVIEWED BY THE LAND USE COMMITTEE. AND I DON'T THINK THAT THRESHOLD IS IN THIS ORDINANCE. I THINK THAT'S GOVERNED BY SEPARATE CODE. UM, YOU HAPPEN TO KNOW MICHAEL, THE NUMBER OF PEOPLE I'M LOOKING FOR IT. I I DON'T, BUT THERE'S A PROCESS GOING ON RIGHT NOW YEAH. WHERE IT'S EITHER A HUNDRED OR 150 PEOPLE WHERE IF YOU'RE GONNA HAVE AN EVENT AT YOUR HOUSE THAT YOU JUST GOTTA GO THROUGH A PERMITTING PROCESS THAT'S A PRIVATE OVER A CERTAIN AMOUNT OF GUESS, AND YOU GOTTA GO THROUGH A PERMITTING PROCESS. RIGHT. OKAY. RIGHT. SO THIS IS A, THIS IS A TWO PART, UM, THIS PARTICULAR ITEM BEFORE YOU IS AN AMENDMENT TO, UH, COMMERCIAL USE OF SINGLE FAMILY PROPERTY AND THE LAND DEVELOPMENT REGULATIONS. THERE IS A SEPARATE AMENDMENT TO THE CITY CODE OUTSIDE OF THE LAND DEVELOPMENT REGULATIONS THAT IDENTIFIES, UM, SPECIFIC FACTORS THAT WOULD MAKE A, A, A PARTY, UH, AT A SINGLE FAMILY HOME COMMERCIAL IN NATURE. AND ONE OF THE, ONE OF THE INDICIA FOR THAT WAS A MINIMUM NUMBER OF PEOPLE. AND I CAN FIND THAT FOR YOU, BUT IT'S NOT IN THIS ORDINANCE. I THINK IT'S IMPORTANT FOR, FOR US, I KNOW IT'S A SEPARATE ITEM, BUT IT FOR US TO PUT IN A CONTEXT, NOT INTO A VACUUM HERE OF WHAT WE'RE, WE'RE, WE'RE SAYING YES TO, AND JUST SO THAT WE KNOW THAT, UM, PROPERTY OWNERS ARE NOT, YOU KNOW, IT'S NOT ALL OF A SUDDEN NO ONE CAN HAVE A PARTY. WE JUST NEED TO KNOW WHAT WE'RE, UH, WHAT WE'RE SAYING YES TO. YES. ALL RIGHT. IN THE MEANTIME, ANYONE HERE IN CHAMBERS SPEAK ON THIS? IS THERE ANYBODY ON ZOOM? MICHAEL? THERE'S KNOWN ON ZOOM WITH THEIR HAND RAISED. OKAY. CLOSE THE PUBLIC HEARING. UM, WHILE YOU'RE GETTING THE INFORMATION, ANY OTHER QUESTIONS FROM THE BOARD? OKAY, YOU WANT SOMEONE WANNA MOVE IT? UH, I'LL MAKE A MOTION TO MOVE. OKAY. SECOND FAVORABLY, I ASSUME I'LL SECOND FAVORABLY? YES. OKAY. I THINK IT'S GREAT. YE MOVED. AND ELIZABETH SECONDED. SO, ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY. YEAH. AND JUST FOR OUR OWN EDIFICATION, IF YOU FIND THE ANSWER TO THE OTHER QUESTION, BUT WE'LL MOVE ON. [14. PB25-0745. Website Advertising for LDR Amendments] OF COURSE. OKAY, NEXT IS PLANNING BOARD FILE 25 0 7 4 5 WEBSITE ADVERTISING FOR LDR AMENDMENTS. AND THIS ORDINANCE BEGINS ON THIS STAFF REPORT BEGINS ON PAGE 1 33, THE BOARD PACKAGES. AND THIS ORDINANCE WAS REFERRED BY THE CITY COMMISSION ON FEBRUARY 26TH OF THIS YEAR. YOU MAY REMEMBER, WE'VE ALREADY ADOPTED THE CITY COMMISSION HAS ADOPTED, UM, REGULATIONS ALLOWING, UM, THE LANDES THE TYPICAL ESPORT APPLICATION TO BE ADVERTISED NOW ON THE COUNTY WEBSITE VERSUS THE, UM, PUBLICATION IN THE HERALD. THIS WOULD EXPAND THAT TO ALLOW, UM, AMENDMENTS TO THE CITY CODE TO ALSO BE ADVERTISED ON THE SAME, UM, COUNTY WEBSITE. LIKE BEFORE. THIS WOULD ALSO, YOU KNOW, UM, BE LESS COSTLY FOR THE CITY IN TERMS OF THESE ORDINANCES IN TERMS OF HAVING TO ADVERTISE, UM, IN THE HERALD OR OTHER NEWSPAPER, ALLOW US TO MORE SPEEDILY OR RAPIDLY ADVERTISE ITEMS AS NEEDED THROUGHOUT RECOMMENDING THAT THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION. AND THIS IS SOMETHING THAT WAS APPROVED BY THE VOTER REFERENDUM THAT UH, YES, SIR. YEAH, WE DID REFERENCE THAT, YEAH. CORRECT. WITH THE CHARTER REVIEW ADVISORY BOARD. ANYONE TO SPEAK ON THIS IN CHAMBERS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. ANY QUESTIONS? YEAH, CAN I MAKE A SUGGESTION? UM, I'M ALL IN FAVOR OF THIS, BUT, UH, YOU KNOW, WHEN YOU GO TO THE CITY'S WEBSITE, UM, SOMETIMES THAT COULD BE A LITTLE DIFFICULT TO FIND THESE NOTICES. UM, MAYBE, UM, SORT OF ON THE MAIN SCREEN, THE MINUTE YOU GO TO THE, THE WEBSITE, SOME LITTLE BUTTON TO PRESS THAT'LL TAKE YOU TO THE, OR CLICK ON TO TAKE YOU TO THE, UM, COUNTY WEBSITE. SOMETHING THAT'S CLEAR THAT, THAT, YOU KNOW, IF SOMEONE'S LOOKING FOR THESE NOTICES, THEY CAN JUST CLICK ON THAT AND IT'LL GO RIGHT TO THE, [01:00:01] UM, WHEREVER THAT SITE IS ON, ON THE COUNTY'S WEBSITE. YEAH, MAYBE A BUTTON WITH A HYPERLINK. YEAH, MAYBE THAT'S SOMETHING THAT, THAT THE COMMISSION CAN WORK ON WITH IT. YEAH, FOR SURE. WE CAN INCLUDE THAT RECOMMENDATION. OKAY. I WOULD, I WOULD SUPPORT THAT. THAT'S A GOOD IDEA. MOTION TO APPROVE OF A FAVORABLE RECOMMENDATION. I'LL MAKE, MAKE A MOTION APPROVE. OKAY. SECOND. WELL, OKAY, SO BE SHIELD. SO ELIZABETH, SECOND. OKAY. ALL IN FAVOR? I DIDN'T HEAR. YEAH. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY. NEXT [15. PB25-0746. Vote Requirement for the Release of Covenants Requiring Non-Transient Uses.] IS P BOARD FILE 25 0 7 4 6 VOTE REQUIREMENT FOR THE RELEASE OF COVENANTS REQUIRING NON-TRANSIENT USES. AND THIS STAFF REPORT BEGINS ON PAGE, UM, 1 43 OF THE BOARD PACKAGES. SO THE BOARD, WE'VE, WE'VE SEEN SEVERAL ORDINANCES COME BEFORE YOU THAT HAVE INCENTIVES FOR THE CONVERSION OF NON-RESIDENTIAL USES TO RESIDENTIAL SPACES AND INCENTIVES ASSOCIATED WITH THOSE TYPES OF, UM, CHANGE OF USES. WHAT THIS ORDINANCE DOES IS CODIFY THAT WHENEVER SOMEONE'S TAKEN ADVANTAGE OF THOSE INCENTIVES, THAT IN ORDER TO, UM, TO, UM, RELEASE THAT COVENANT THAT REQUIRES THE, THE, THE, THE RESIDENTIAL USE. THIS WOULD REQUIRE A SIX SEVENTH VOTE OF THE CITY COMMISSION TO RELEASE ANY SORT OF ORDINANCE WHERE SOMEONE'S TAKING ADVANTAGE OF THOSE INCENTIVES. SO IF THEY WANTED TO GO BACK TO TRANSIENT USE, YEAH, THEY WOULD HAVE TO, THE CITY COMMISSION WOULD'VE TO RELEASE THAT, UM, COVENANT, UM, WITH BY A SIX SEVENTH VOTE. I THINK IT'S GREAT. ANYONE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. ANY QUESTIONS? YEAH, I HAVE A, A QUESTION AND IT'S, UM, I'M, I'M IN FAVOR OF THIS. I, I DON'T GET THE WRONG IDEA, BUT A QUESTION FOR NICK. NICK, YOU KNOW, WE'RE, WE'RE SEEING THIS BEING ADDED TO A LOT OF, UM, SORT OF DEVELOPMENT AGREEMENTS AND A LOT OF, UM, THINGS AND, AND IT SEEMS LIKE IT'S PORTRAYED AS WELL ONCE THIS IS IN, THERE'S NO WAY THAT SHORT TERM RENTALS ARE GONNA HAPPEN HERE. BUT, YOU KNOW, MY UNDERSTANDING IS LET'S SAY, YOU KNOW, PROJECT, UH, MOVES FORWARD AND YOU KNOW, THERE'S AN AGREEMENT, THIS IS IN THE AGREEMENT. UM, AND YOU KNOW, A YEAR OR TWO, ONCE, YOU KNOW, ONCE THE BUILDING IS UP, LET'S SAY IT'S A CONDO AND SOME OF THE UNIT OWNERS ARE STARTING, STARTING TO DO SHORT-TERM RENTALS OR IT'S AN APARTMENT BUILDING ONE OWNER AND HE CAN'T RENT THEM, SO HE IS DOING SHORT-TERM RENTALS. UM, MY UNDERSTANDING IS THERE WOULD HAVE TO BE A, A LAWSUIT, UM, FILED OR TO, UM, I GUESS GET AN INJUNCTION FOR HIM TO STOP OR WHOEVER IT IS TO STOP OR, UM, SOMEONE'S GOTTA SUE FOR DAMAGES. SO MY QUESTION IS, UM, RIGHT NOW IF SOMEBODY'S DOING SHORT TERM RENTALS ILLEGALLY, UM, CODE COMPLIANCE HAS TO DO AN INVESTIGATION AND THEY GO TO THE SPECIAL MASTER, IF IN THE FUTURE, UM, A PRO, UM, A PROJECT THAT THAT, UM, HAS THIS, UM, PART OF THE, UM, UM, HAS THIS IN THEIR AGREEMENT IS DOING SHORT TERM RENTALS, WHAT WOULD BE THE PROCESS TO, TO, IN OTHER WORDS, WHO'S GONNA DO THAT? IS THE CITY SOMEONE'S GONNA FIND, SAY THERE'S SHORT TERM RENTALS, CODE'S GONNA GO OUT, DO AN INVESTIGATION, BASICALLY JUST LIKE THEY DO NOW, BUT INSTEAD OF GOING TO THE SPECIAL MASTER, IS THE CITY GONNA FILE A LAWSUIT? HOW IS THAT GONNA WORK? AND THAT'S A, THAT'S A GREAT QUESTION. SO JUST STEPPING BACK, UM, THIS IS AN APPROACH THAT WE HAVE COME UP WITH OVER THE LAST COUPLE YEARS. UM, SO THAT WHEN THE CITY COMMISSION IS CONSIDERING ZONING INCENTIVES FOR A PARTICULAR TYPE OF DEVELOPMENT, UM, AS OF LATE, THE CITY COMMISSION HAS BEEN PRIORITIZING LONG TERM RESIDENTIAL DEVELOPMENT THAT IN ORDER TO BE ELIGIBLE FOR THOSE INCENTIVES, WHATEVER THEY MAY BE, UM, A, A PROPERTY OWNER IS FIRST REQUIRED TO RECORD A COVENANT RESTRICTING, UH, UH, SHORT TERM PROHIBITING SHORT TERM RENTALS ON THE PROPERTY. UM, BECAUSE WE ARE INCLUDING THAT AS, AS AN INCENTIVE IN, IN, IN THE RESPECTIVE ORDINANCES, CREATING THESE DEVELOPMENT INCENTIVES, IT IS SOMETHING THAT CODE COMPLIANCE COULD ENFORCE. UH, IT'S ALSO SOMETHING THAT THE CITY COULD ENFORCE BY, UH, BY FILING AN ACTION IN COURT TO, TO, UH, TO, YOU KNOW, TO COMPEL A PROPERTY OWNER TO COMPLY WITH THE COVENANT. UM, BUT THIS WAS A, THIS IS, UH, AN APPROACH THAT WE CAME UP WITH BECAUSE OF THE STATE LAW PREEMPTING LOCAL GOVERNMENTS FROM ADOPTING NEW REGULATIONS ON THE FREQUENCY OR DURATION OF SHORT-TERM RENTALS. UM, WHAT, WHAT WE AND THE CITY COMMISSION HAVE DECIDED IS MOVING FORWARD WHENEVER, YOU KNOW, WHENEVER WE CONSIDER NEW DEVELOPMENT INCENTIVES, YOU HAVE TO RECORD THIS AT THE APPROVAL STAGE. UM, AND BECAUSE IT'S IN, AGAIN, BECAUSE IT'S IN THE CODE, UM, IT COULD BE ENFORCED BY, BY CODE COMPLIANCE. YEAH. AND I, I JUST, YOU KNOW, I BRING IT UP JUST BECAUSE IT SEEMS LIKE, UM, WE'RE SEEING MORE OF THIS, WHICH AGAIN, I'M, I'M [01:05:01] 100% BEHIND, BUT IT JUST SEEMS TO BE PORTRAYED AS SORT OF LIKE, THERE'S JUST NO WAY THERE'S, YOU KNOW, ONCE THIS IS INCLUDED, THERE'S NO WAY THERE'S GONNA BE SHORT TERM RENTALS IN THAT PROJECT. I THINK EVERYTHING IS LIKE THAT. YOU KNOW, ANYTHING COULD BE UNDONE. TRUE. THAT'S, THAT'S SORT OF WHAT YEAH, I, WHAT I'M SAYING IS IT'S, EVEN THOUGH THESE ARE IN THERE, IT, IT, THIS WOULD BE IN THE AN AGREEMENT, YOU STILL HAVE BAD OLD OPERATORS THAT WILL DO THAT. AND IT'S BASICALLY STILL THE SAME PROCESS, MAYBE MORE ONEROUS NOW TO PREVENT TO, TO STOP THAT THAN MAYBE CO COMPLIANCE GOING IN FRONT OF THE SPECIAL MASTER. I I THINK IT'S THE OTHER WAY AROUND. I THINK RIGHT NOW WHERE WE HAVE NO RECOURSE. CORRECT. I UNDERSTAND. WHEN SOMEONE, WHEN, YOU KNOW, WHEN A, WHEN A PROPERTY OWNER IN A DISTRICT WHERE SHORT TERM RENTALS, UH, ARE PERMITTED, WE HAVE, WE, WE HAVE NO RECOURSE THERE. RIGHT. UNLESS THERE'S SOME OTHER VIOLATION OF THE CODE, UNLESS THERE'S A NOISE OR SANITATION OR OR PARKING ISSUE. UM, SO WHAT THIS, THIS, THIS TOOL ALLOWS US TO, TO, YOU KNOW, TO, TO LIMIT TRANSIENT RENTALS IN DISTRICTS WHERE THEY'RE OTHERWISE PERMITTED AND UNDER STATE LAW, WE COULDN'T, YOU KNOW, WE COULDN'T PROVE THEM IF WE WANTED TO. I UNDERSTAND. LOOK, LIKE I SAID, I'M A HUNDRED PERCENT BEHIND THIS. I JUST, YOU KNOW, I JUST, IT JUST SEEMS PORTRAYED SOMETHING LIKE A, LIKE IT'S GONNA CURE THE PROBLEM WHEN YOU KNOW IT, IT, BUT LIKE YOU SAID, IT'S ANOTHER TOOL AND, AND THAT'S, UH, GOOD FOR THE CITY. SO I'M IN FAVOR. ALRIGHT, I THINK WE CLOSE THE PUBLIC HEARING IF SOMEONE WANTS TO MOVE IT MOTION TO APPROVE WITH A FAVORABLE RECOMMENDATION. SECOND. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? NO. OKAY. GOOD COMMENTS THOUGH SCOTT. I AGREE WITH YOU. PLANNING BOARD FILED 25 0 7 4 8 [16. PB25-0748. Variance Fee Waivers for Building Recertification.] VARIANCE FEE WAIVERS FOR BUILDING RECERTIFICATION. AND THE STAFF REPORT BEGINS ON PAGE 1 47 OF THE BOARD PACKAGES. THIS ORDINANCE WAS REFERRED, UM, BY THE CITY COMMISSION TO THE PLANNING BOARD ON FEBRUARY 26TH OF THIS YEAR. WHAT THIS ORDINANCE WOULD DO IS ALLOW THE CITY COMMISSION TO WAIVE THE LAND USE BOARD APPLICATION FEES RELATED TO VARIANCES ASSOCIATED WITH A BUILDING RECERTIFICATION PROCESS. SO, FOR EXAMPLE, IF SOMEBODY HAD TO REBUILD A WALL OF THEIR POOL DECK AND IT WAS A NON-CONFORMING SETBACK AND THEY WERE EXCEEDING THE VALUATION THAT WOULD REQUIRE 'EM TO COMPLY, THEY WOULD, THIS WOULD ALLOW THE CITY COMMISSION TO WAIVE THE FEES ASSOCIATED WITH THAT VARIANCE. AND THIS LIKE THIS, THIS IS ONLY ASSOCIATED WITH THE BUILDING RECERTIFICATION TO SORT OF, UM, ELIMINATE, UM, ANY SORT OF IMPEDIMENTS TO RECERTIFYING A BUILDING. I CAN'T THINK OF ANYBODY RECENTLY THAT'S GONE THROUGH THIS PROCESS. THIS IS JUST, YOU KNOW, UM, PERSPECTIVE IN TERMS OF IN CASE THIS DOES HAPPEN OR MAYBE WE HAVE A LOT OF 40 YEAR CERTIFICATIONS COMING UP OR, YOU KNOW, IT'S, IT'S FOUR YEARS AND I THINK EVERY 10 YEARS AFTER THAT. SO THIS WOULD JUST ALLOW AN EASIER PROCESS FOR, UM, AND THIS IS FOR, UM, RESIDENTIAL BUILDINGS THAT HAVE TO GO THROUGH THIS RECERTIFICATION PROCESS. ALLOW THE, ALLOW THE CITY COMMISSION TO WAIVE THE, UM, APPLICATION FEES. WE'RE RECOMMENDING THAT THE BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION. OKAY. AND THIS DOES INDICATE THAT THE, UM, ASSOCIATE WOULD HAVE TO SORT OF, UM, UM, PRESENT A FINANCIAL HARDSHIP IN TERMS TERMS OF THEIR APPLICATION THROUGH WHAT, LIKE AN AFFIDAVIT OR SOMETHING. UM, UP TO THE CITY COMMISSION. THE CITY COMMISSION WOULD REVIEW WHATEVER DOCUMENTATION THEY'RE SUBMITTING TO PRESENT THEIR FINANCIAL HARDSHIP. ALRIGHT. OKAY. ANYONE HERE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY, ANY QUESTIONS? OKAY, SOMEONE WANNA MOVE IT? I'LL MOVE IT. FAVOR RECOMMENDATION? I'LL SECOND. OKAY, ELIZABETH. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY. CRUISING THROUGH TODAY. ALRIGHT, NEXT ONE [17. PB25-0749. Setback Regulations for Air Conditioning Units.] IS PLANNING BOARD FILE 25 0 7 4 9 SETBACK REGULATIONS FOR AIR CONDITIONING UNITS AND GISELLE'S GONNA GO OVER THIS, UM, ORDINANCE, GISELLE. ALL RIGHT. THE MAYOR AND CITY COMMISSION OF THE STATE MIAMI BEACH, FLORIDA AMENDING THE RESILIENCY CODE OF THE CITY MIAMI BEACH BY AMENDING CHAPTER SEVEN ENTITLED ZONING DISTRICTS AND REGULATIONS. ARTICLE FIVE ENTITLED SUPPLEMENTAL DISTRICT REGULATIONS SECTION 7 5 3 ENTITLED SUPPLEMENTAL YARD REGULATION REGULATIONS BY AMENDING THE SETBACK ENCROACHMENTS FOR AIR CONDITIONING AND PROVIDING FOR A CODIFICATION, REPEATEDLY SEVERABILITY AND EFFECTIVE DATE. THIS, UM, IS A RECOMMENDATION TO TRANSMIT TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION. UH, A LITTLE BIT OF HISTORY ABOUT IT. UM, ON DECEMBER 11TH, 2024 AT THE REQUEST OF THE COMMISSIONER, UH, THEY WERE PREFERRED, UM, A PROPOSAL PERTAINING TO SETBACK REGULATIONS FOR SINGLE FAMILY HOMES. UM, REGARDING, UH, SORRY FOR RESIDENTIAL DISTRICTS, I SHOULD SAY, UM, AND AIR CONDITIONING UNITS. ON FEBRUARY 26TH, 2025 AT THE REQUEST OF THE COMMISSIONER, KRISTEN ROSEN GONZALEZ, THE CITY COMMISSION REFERRED THE ATTACHED ORDINANCE. UM, THIS IS, UH, FOR PACKAGE, UH, TERMINAL AIR CONDITIONING UNITS LIKE MINI SPLITS. [01:10:01] SO THIS IS TO MODIFY SOME OF THE SETBACK REGULATIONS. UM, A LITTLE BIT HISTORY ABOUT IT. THESE ARE USUALLY, UM, IN HOTELS, LIVING SENIOR FACILITIES IN THESE EXISTING MULTI-FAMILY UNITS. UM, THEY'RE USUALLY ARE AN OPTION FOR IT TO BE A LITTLE BIT LESS COST BURDEN SINCE THEY'RE AFFORDABLE AND ENERGY EFFICIENT. UH, WHAT WE'VE SEEN IS THAT WITH THESE EXISTING APARTMENT BUILDINGS, UM, THEY TEND TO SOMETIMES NOT MEET NECESSARILY THE SETBACK REGULATIONS. AND THESE ARE USUALLY FOR LIKE LIFE SAFETY, UM, CODE REQUIREMENTS AND IT'S JUST AN OPTION SO THAT IT'S NOT A BIT OF A COST BURDEN TO PROPERTY OWNERS. SO WE DID DECIDE TO RECOMMEND SOME OF THE LAND DEVELOPMENT REGULATIONS TO INCLUDE IN SOME OF THESE RESIDENTIAL DISTRICTS. UH, SOME OF THEM INCLUDE, UM, CENTRAL AIR CONDITIONING, MINI SPLITS AND P UH, PTECH SYSTEMS, UM, SO THAT THEY CAN OCCUPY AN INTERIOR REAR, UM, YARD. UH, THIS WOULD ALLOW THEM TO HAVE A MINIMUM 18 INCHES WITHIN THE SETBACK. UM, THEY WOULD STILL HAVE TO COMPLY WITH THE HEIGHT REQUIREMENTS 10 FEET ABOVE, UH, THE CURRENT FLOOD ELEVATION. UM, THEY WOULD, THEY STILL CAN'T BE VISIBLE FROM THE RIGHT OF WAY. SO, UM, THAT IS NOT NECESSARILY CHANGING. UM, THIS WOULD INCLUDE SPECIFICALLY IN THE ARM ONE, ARM TWO RPS ONE AND RPS TWO RESIDENTIAL DISTRICTS. AND, UH, THE OTHER, UH, MODIFICATION THAT WE'RE CLARIFYING A BIT IS THAT IN TERMS OF GENERATORS, AC UNITS, UM, SOME OF THOSE REGULATIONS ARE NOT NECESSARILY, UM, GOING TO BE MODIFIED. HOWEVER, WE'RE INCLUDING THAT SOME OF THESE DISTRICTS SUCH AS THE R TWO, RPS ONE AND R PS TWO ARE A LITTLE BIT MORE IN LINE TO THE R ONE THAT ARE ALREADY EXISTS IN THESE REGULATIONS. UM, THE OTHER THING I WANTED TO NOTE THAT REGARDING THE PTECH SYSTEM IS THAT FOR BUILDINGS EXISTING AS OF JANUARY 1ST, 2015, THOSE ARE THE REGULATIONS THAT WILL TAKE IN PLACE. SO THESE ARE THE EXISTING BUILDINGS, UM, PRIOR TO JANUARY 1ST, 2015 THAT WILL TAKE PLACE AND HAVING A LITTLE BIT MORE OF A SETBACK TO ACCOMMODATE 18 INCHES WITHIN THE PROPERTY LINE. ANYTHING AFTER JANUARY 1ST, 2015, THEY STILL HAVE TO COMPLY WITH A MINIMUM SETBACK OF FIVE FEET. SO THOSE ARE SOME OF THE MODIFICATIONS TO SIMPLIFY. THANKS GISELLE. RIGHT. JUST FOR SOME ADDITIONAL, UM, INPUT RIGHT NOW, THE REDUCED SETBACK ALLOWANCES FOR, UM, FOR AIR CONDITIONING UNITS IN THE SIDE YARD ONLY APPLY TO THE RM ONE DISTRICT. SO IF YOU'RE AN RM TWO DISTRICT, YOU CAN'T TAKE ADVANTAGE OF EVEN THE FIVE FOOT SETBACK RACY UNITS. SO THIS, THIS EXPANDS WHAT'S, WHAT'S, WHAT'S ALLOWED NOW IN RM ONE TO THE, UM, RM TWO AND RRP S DISTRICTS. AND THEN DOES ALSO NOW ALLOW, UM, REDUCED SETBACKS. FOR EXAMPLE, A LOT OF THESE OLDER BUILDINGS ONLY HAVE A FIVE FOOT SETBACK, SO IN THAT CASE, THEY CAN'T PUT ANYTHING WITHIN THE SIDE YARD. IT CAN BE COST PROHIBITIVE TO ADD TO THE ROOF. SO THIS ALLOWS THOSE MINI SPLIT UNITS TO BE INSTALLED WITHIN THE SIDE OF REAR YARD. OKAY. ALSO, JUST TO ALSO CLARIFY, A LOT OF THESE, UM, YOU KNOW, EITHER NON-CONFORMING, UH, BUILDINGS, THEY TEND TO ALREADY HAVE A MINIMUM FIVE FOOT SETBACK. SO IT'S ALMOST IMPOSSIBLE TO, YOU KNOW, INSTALL SOME OF THESE MINI SPLITS. SO THIS IS JUST TO KIND OF EXPAND A LITTLE BIT THOSE SETBACK, UM, SO THAT PEOPLE ARE ABLE TO ACTUALLY LOCATE THESE UNITS IN LIKE AN INTERIOR SIDE OR REAR YARD. OKAY. THANK YOU BOTH. ANYONE HERE TO SPEAK ON THIS? ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. ANY QUESTIONS, COMMENTS, MOTIONS? SOUNDS PRETTY SENSIBLE. I'LL MAKE A MOTION TO APPROVE. OKAY. SECOND. OKAY. ALL IN FAVOR? ANYONE OPPOSED? NO. OKAY. I THINK THE NEXT TWO [18. PB25-0750. RO District Regulations for Nonconforming Uses and Alcohol Sales – Comprehensive Plan Amendment.] [19. PB25-0751. RO District Regulations for Nonconforming Uses and Alcohol Sales – LDR Amendment.] ARE COMPANION ITEMS. I BELIEVE PLANNING BOARD FILED 25 0 7 50 RO DISTRICT REGULATIONS FOR NON COVERING USES IN ALCOHOL SALES. AND WE'LL TAKE THE NEXT TWO ITEMS TOGETHER. AND THE STAFF REPORT BEGINS ON PAGE 1 59 OF THE BOARD PACKAGES. UM, THESE ORDINANCES WERE, WERE REFERRED BY THE CITY COMMISSION ON FEBRUARY 26TH OF THIS YEAR. SO RIGHT NOW THIS PERTAINS TO, UM, PROPERTIES ALONG THE EAST SIDE OF ALTON ROAD BETWEEN 12TH AND 14TH STREET ARE CURRENTLY ZONED RESIDENTIAL OFFICE ON THE CITY ZONING MAT. THESE WERE, THESE WERE ORIGINALLY CONSTRUCTED AS SINGLE FAMILY HOMES AND PRIOR TO THE DESIGNATION OF RO WERE DESIGNATED AS UM, CD TWO, WHICH IS COMMERCIAL ZONING DISTRICT. SO THAT'S WHERE WE HAVE, UM, LIKE THE DENTIST'S OFFICE, THE, YEAH, YEAH. UM, THE CODE DOES NOW ALLOW RESIDENTIAL OFFICE, SO DENTAL OFFICES, UM, THAT'S A NEW URGENT ARCHITECT'S OFFICE. THO THOSE ARE ALLOWED IN THE CODE RIGHT NOW. WE HAVE A NONCONFORMING USE, WHICH IS THE, UM, THE NURSERY THAT'S BEEN IN PLACE FOR SO LONG A RETAIL SALES ARE NOT ALLOWED NOW IN THE RO DISTRICT. THIS WOULD ALLOW THE, UM, THE, THE NURSERY TO EXPAND THEIR CAFE 'CAUSE THEY ALSO HAVE A CAFE WOULD ALLOW THEM TO EXPAND THEIR CAFE OPERATION TO INCLUDE THE SALE OF BEER AND WINE. SO THIS WOULD ALLOW THE LIMITED EXPANSION FOR THE SALE OF BEER AND WINE ONLY FOR SALE FOR CONSUMPTION ON THE PREMISES. ONLY PROVIDED THAT THE NUMBER OF SEATS NOT [01:15:01] EXCEED 10, THE AREA NOT BE EXPANDED BEYOND WHAT IT IS RIGHT NOW. SO REALLY IS FOCUSED TO, UM, THIS LIMITED AREA AND ONLY APPLIES TO THESE, THIS ESSENTIALLY AS, AS THE, THE GARDEN SPACE RIGHT NOW TO ALLOW THEM TO OFFER BEER AND WINE FOR SALE. UM, ON THE PREMISES ONLY. I I LIKE TO ASK A QUESTION. HOW IS THIS NOT SPOT ZONING IF, IF RO DOESN'T ALLOW ALCOHOL, BUT WE'RE GONNA SAY RO IN THIS ONE LOCATION DOES WELL, NO. I MEAN, WHY CAN'T THEY APPLY? IS ISN'T THAT A PROCESS FOR THEM TO APPLY A VARIANCE AND GET M LIQUOR LICENSE UNDER CONDITIONS OR, OR YOU CAN'T GET A TRANSFER, CHANGE THEIR ZONING. I MEAN, WHY ARE WE, DOESN'T THIS OPEN IT UP TO OTHER ROS IT ALL, IT'S, IT'S ALLOWED IN ANY RO DISTRICT THAT MEETS THE REQUIREMENTS OF A, UM, THAT HAS AN EXISTING CAFE YEAH. THAT WANTS TO SELL BEER AND WINE. SO IT ESSENTIALLY, THIS ONLY APPLIES TO THIS. OH, SO IT'S GOTTA BE EXISTING CAFE BECAUSE THIS IS, THIS IS THE ONLY ONE IN THE CITY, ONLY ONE IN THE RO DISTRICT. OKAY. SO THEY COULDN'T CREATE A NEW CAFE. IT'S GOTTA BE THIS, AND THIS DOESN'T APPLY TO OTHER LOCATIONS THERE, THERE'S NO ONE ELSE IN THE CITY THAT THIS COULD POSSIBLY APPLY TO. WE HAVE AN RO DISTRICT IN NORTH BEACH, BUT THERE'S NO EXISTING CAFE THAT'S THERE. SO THEY CAN'T, THEY CAN'T PUT ONE IN, THEY CAN'T PUT ONE IN. RIGHT. OKAY. ALRIGHT. THANK YOU. IT'S AN ADORABLE CAFE. IT'S, IT'S A LITTLE FRENCH CAFE AND I WOULD, I THIS AND YOU CAN, AND YOU CAN'T GET A VARIANCE FOR YOU. SO THIS IS THE ONLY OPTION IS TO REMAIN, THIS IS THE ONLY WAY SEATS AND THE ONLY ONE SEATS. I MEAN, SO WE'RE NOT JUST PICKING ON US. I I JUST WANTED TO CLARIFY THAT. YEAH, NO, GOOD POINT. WILL TAKE 'EM. BUT YEAH, IT ONLY APPLIES TO THIS ONE. GOOD. OKAY. UM, DID I ASK IF ANYONE'S HERE ON THIS? ANYONE ON ZOOM? NO. RIGHT. THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED. OKAY. UM, SO I WANNA MOVE IT, I'LL MOVE IT. ONE, ONE QUICK QUESTION. SURE. DO WE KNOW THE CURRENT HOURS OF OPERATION FOR THE CAFE? THE CURRENT HOURS? I THINK, I THINK THEY CLOSE AT FIVE O'CLOCK, SOMETHING LIKE THAT. I MEAN IT'S, IT'S JUST A, IT'S LITERALLY IN THE BACK OF THE NURSERY. SO WE DO, WE DO, WE DO LIMIT. SO RIGHT NOW, UM, IT BASICALLY REQUIRES THAT THE INDOOR SEATING MUST CLOSE NO LATER THAN 10:00 PM AND OUTDOOR SEATING MUST CLOSE NO LATER THAN 8:00 PM AND NO, I, AND IF THE CITY EVER AMENDS THE HOURS OF OPERATION IN THE FUTURE, THEY WOULD'VE TO COMPLY WITH THOSE AMENDED HOURS OF OPERATION THAT, THAT'S CURRENT. I MEAN, I'M, I'M, I'M LEANING TOWARD, YOU KNOW, IN FAVOR OF BEING IN FAVOR OF THIS. JUST MY CONCERN IS, I MEAN, AS, UH, ELIZABETH JUST MENTIONED, UM, YOU SAID THEY CLOSE AT FIVE, SO NO, THEY'RE, THEY'RE NOT EVEN OPEN. THEY'RE JUST SORT OF EXPANDING TO BE A, THEY'RE JUST KIND OF IN THE BACK. THEY ACTUALLY ARE. YEAH, I KNOW, I KNOW WHERE THEY'RE, I KNOW THEY, I OH, OKAY. I WAS IN HIGH SCHOOL WHEN I PICKED UP PLANTS FROM THERE. THAT'S, SO I, THEY'VE BEEN THERE A LONG TIME. IT'S GU BEHIND THERE BY THE WAY. IT'S JUST A LITTLE CAFE NO, BEHIND THEM SINGLE FAMILY HOMES. OH YEAH. OKAY. SO THAT'S WHAT YOU, IT'S FUN OF MUSIC. THERE'S NOTHING, I MEAN IT'S THERE, IT SOUNDS HARMLESS, BUT IT, IT IS KIND OF A FUNNY SORT OF APPROVAL TO, TO JUST TO BASICALLY YOU'RE TRYING TO HELP ONE BUSINESS THAT WAS TRYING TO, YOU KNOW, INCREASE ITS INCOME AND WE'RE CHANGING. I MAYBE THE BUSINESS CONCEPT NEEDS TO CHANGE. NOT THAT, I MEAN, I WOULD LOVE TO SEE THEM STAY FOREVER, BUT I JUST FIND IT KIND OF WEIRD THAT HERE WE ARE DECIDING ON, ON, ON, ON THIS, ON THE BASIS THAT ONE BUSINESS TRYING TO JUST ROUND UP THEIR PROFIT AT THE END OF THE MONTH. AND, UH, I'M, I DO , SHE ALSO MENTIONED TOO THAT THIS IS LOCATED WITHIN THE EXPANDED FLAMINGO PARK HISTORIC DISTRICT. SO THEY ARE RESTRICTED IN TERMS OF, YOU KNOW, COMING IN AND SOMEONE'S NOT GONNA COME IN AND DEMOLISH WHAT'S THERE AND BUILD A BRAND NEW BUILDING BECAUSE OF THE, THOSE RESTRICTIONS. SO IT DOES ALLOW THEM TO, YOU KNOW, UM, TAKE, HAVE THE CITY TAKE IN CONSIDERATION THE RESTRICTIONS ON THAT PROPERTY AND ALLOWING THEM TO, YOU KNOW, MAINTAIN THE PROPERTY AND, AND GAIN INCOME FROM IT. ALRIGHT. AND RIGHT NOW THEY WOULD HAVE TO CLOSE THE OUTDOOR AT EIGHT? CORRECT. OKAY. ALRIGHT. THAT'S FINE. ALRIGHT, ANY OTHER QUESTIONS? ALRIGHT, SOMEONE WANNA MOVE IT? DID SOMEONE MOVE IT? I WILL. NO, NOT YET. WE CAN TAKE A MOTION I THINK FOR BOTH, RIGHT? YEAH. YES. I'LL MAKE A MOTION TO APPROVE FAVORABLY. OKAY. CAN I GET A SECOND? NO, SECOND. JONATHAN. SECOND. OKAY. ALL RIGHT. IS ANYONE OPPOSED? ALL IN FAVOR? AYE. OKAY. AND THAT WAS FOR BOTH, RIGHT? WE WERE ALLOWED TO DO THAT FOR BOTH. OKAY. ALRIGHT. WELL, SHOCKINGLY, ONE, [20. PB25-0753. Distance Separation Exemptions for Adult Material in Retail Cosmetic Stores. ] OUR LAST ITEM, PLANNING BOARD FILED 25 0 7 53 DISTANCE SEPARATION EXEMPTIONS FOR ADULT MATERIAL IN RETAIL COSMETIC STORES. OR THE TITLE, DID YOU GUYS ACTUALLY TRY TO SCRATCH OUT THE, NO, I DON'T KNOW WHY. . , IS THAT A DIRTY WORD? . I DON'T KNOW WHY THAT IS LIKE THAT. INTERESTING. UM, SO, UM, THIS ORDINANCE WAS REFERRED BY THE CITY COMMISSION ON FEBRUARY 26TH. I'M GONNA GO [01:20:01] THROUGH SOME TECHNICALITIES HERE BECAUSE IT IS A LITTLE BIT COMPLICATED AND MAYBE NON-INTUITIVE IN TERMS OF HOW, UM, ADULT, UM, MATERIAL AND, UM, ESTABLISHMENTS ARE CLASSIFIED. SO BASICALLY IF YOU, UM, I'M GONNA GO THROUGH THE DEFINITIONS. JUST TO BE CLEAR. AN ADULT BOOKSTORE MEANS AN ESTABLISHMENT WHICH SELLS OFFERS FOR SALE OR RENTS ADULT MATERIAL FOR COMMERCIAL GAIN. IT DOESN'T HAVE TO JUST SELL BOOKS OR BOOKS DON'T EVEN HAVE TO BE PART OF IT. THIS DEFINITION INCLUDES ESTABLISHMENT SELLING OR RENTING ADULT VIDEOS WHEN APPLICABLE UNDER THE ABOVE STATED CONDITIONS. NOW, ADULT ENTERTAINMENT ESTABLISHMENT DOESN'T ACTUALLY MEAN THERE'S ACTUALLY ENTERTAINMENT INVOLVED. SO ADULT ENTERTAINMENT MEANS ANY ADULT BOOKSTORE, ADULT BOOTH, ADULT MOTION PICTURE THEATER OR NEW DANCING ESTABLISHMENT. NOW ADULT MATERIAL MEANS ONE OF THE FOLLOWING, REGARDLESS OF WHETHER OR NOT IT'S NEW OR USED. BOOKS, MAGAZINES, PERIODICALS, OTHER PRINTED MATTER PHOTOGRAPHS, FILMS, MOTION PICTURES, VIDEO CASSETTES, SLIDES OR OTHER VISUAL REPRESENTATIONS, RECORDINGS, OTHER AUDIO MATTER AND NOVELTIES OR DEVICES INCLUDING, BUT NOW LIMITED TO CLOTHING, FOOD, DRINKS, MATERIALS FOR PREPARING FOOD AND DRINKS, WHICH HAVE AS THEIR PRIMARY OR DOMINANT THEME SUBJECT MATTER DEPICTING, EXHIBITING, ILLUSTRATING, DESCRIBING, OR RELATING TO SEXUAL CONDUCT OR SPECIFIED IN ATOMICAL AREAS AS DEFINED IN THE SECTION OR INSTRUMENTS, NOVELTIES DEVICES OR PARAPHERNALIA, WHICH ARE DESIGNED FOR OR USE IN CONNECTION. THE SEXUAL CONDUCT IS DEFINED IN THE SECTION EXCEPTION. SO THE EXCEPTION IS, UM, BIRTH CONTROL DEVICES OR DEVICES USED FOR DISEASE PREVENTION. SO THE DEFINITION FOR ADULT MATERIAL IS PRETTY BROAD. UM, ANY, ANY BUSINESS THAT'S SELLING ADULT MATERIAL THAT'S THAT'S CLASSIFIED AS SUCH WILL BE CONSIDERED ADULT BOOKSTORE AND WILL BE CONSIDERED AS AN ADULT ENTERTAINMENT ESTABLISHMENT. SO BASICALLY WHENEVER A ANY ADULT MATERIAL IS OFFERED FOR SALE OR RENT, SUCH ESTABLISHMENT IS CLASSIFIED AS BOTH AN ADULT BOOKSTORE AND AN ADULT ENTERTAINMENT ESTABLISHMENT. SO IT'S NOT WHAT YOU MAY, UM, JUST INFER THAT THERE'S SOME SORT OF ENTERTAINMENT INVOLVED. NO, JUST THE MERE FACT THAT YOU'RE SELLING ANYTHING THAT'S CLASSIFIED AS ADULT ENTERTAINMENT, AS ADULT MATERIAL. YOU ARE BY DEFAC DE FACTO AN ADULT ENTERTAINMENT ESTABLISHMENT. SO CURRENTLY SUCH MATERIAL OR ESTABLISHMENT IS PROHIBITED WITHIN 300 FEET OF ANY DISTRICT DESIGNATED AS RS RM OR RPS WITHIN 300 FEET OF ANY PARCEL OF LAND. THAT'S, UM, HAS A HOUSE OF WORSHIP SCHOOL, PUBLIC PARK OR PLAYGROUND OR WITHIN 1000 FEET OF ANY PARCEL OF LAND, WHICH ANOTHER ADULT ENTERTAINMENT ESTABLISHMENT IS LOCATED. THE ONLY EXEMPTION CURRENTLY IN THE CODE, BUT FOR THESE DISTANCE REQUIREMENTS IS FOR A HOTEL WITH A MINIMUM OF 300 HOTEL UNITS. THIS ORDINANCE WOULD AMEND THE EXEMPTIONS TO ALLOW THE LIMITED SALE OF, UM, OF ITEMS CLASSIFIED AS ADULT MATERIAL FOR A PORTION OF REACH FOR A PORTION OF, UM, COSMETIC OR FOR, WOULD ALLOW MATERIAL ADULT MATERIAL IN A COSMETIC STORE, UM, WITH CERTAIN EXEMPTIONS. SO THIS WOULD INCLUDE A DEFINITION FOR, FOR COSMETIC STORE WE DON'T CURRENTLY HAVE. SO A COSMETIC STORE WILL BE DEFINED AS A NON-MEDICAL RETAIL BUSINESS THAT IS PRIMARILY ENGAGED IN RETAIL AND COSMETICS, PERFUMES, TOILETRIES, PERSONAL GROOMING PRODUCTS, HAIR CARE PRODUCTS, SKINCARE PRODUCTS AND BEAUTY TOOLS. THIS ORDINANCE WOULD AMEND THE DISTANCE SEPARATION REQUIREMENTS FOR THESE COSMETIC STORES LOCATED ONLY IN A COMMERCIAL ZONING DISTRICT AND WHERE THE ADULT MATERIAL CONSTITUTES LESS THAN 20% OF THE FLOOR AREA OF THE ESTABLISHMENT. SO THIS, THIS WOULD, UH, SPECIFICALLY ALLOW A COSMETIC STORE WITH ADULT MATERIAL WITHIN 300 FEET OF A MULTIFAMILY RESIDENTIAL DISTRICT AND WITHIN 300 FEET OF A HOUSE OF WORSHIP, IT WOULD NOT BE ALLOWED WITHIN 1000 FEET OF ANOTHER ADULT ESTABLISHMENT, NOR WITHIN 300 FEET OF A RESIDENTIAL SINGLE FAMILY DISTRICT NOR THAN 300 FEET OF A SCHOOL, UM, PUBLIC PLAYGROUND OR PARK. NOW THE ORDINANCE THAT'S STRAPPED, IT INCLUDES A LIMITATION TO 20% OF THE FLOOR AREA. WE'RE RECOMMENDING THAT THAT BE LOWERED TO NO MORE THAN 10% OF THE FLOOR AREA AND NOT EXCEED A TOTAL AREA OF 100 SQUARE FEET TO ENSURE THAT THIS WOULD BE PRIMARILY, UM, A COSMETIC STORE AND THAT THE ADULT MATERIAL WOULD NOT BE, WOULD NOT CONSTITUTE A LARGE AREA WHERE I'LL RECOMMEND THE PLANNING BOARD REVIEW AND TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION. WOW. THAT WAS A LOT OF DESCRIPTION . SO, SO YEAH, SO, SO, SO, I I HONESTLY, I HAVE A A LOT OF QUESTIONS. WELL, LET, LET'S, LET'S, LET'S OPEN. OH, FANTASTIC. FANTASTIC. YEAH, THANK YOU. GOOD MORNING. BORDY AND PACHEKO WITH AKERMAN LAW OFFICE, 98 SOUTHEAST SEVENTH STREET HERE ON BEHALF OF EIS INC. DOING BUSINESS AS GSCA. UH, GSCA IS A GERMAN, UM, COSMETOLOGY, COSMETIC, UH, TECH COMPANY. UM, THEY OWN HUNDREDS OF PATENTS [01:25:01] AND PUT PRODUCTS ON THE MARKET THAT ARE UNLIKE REALLY ANYTHING ELSE. AND THE ONES THAT ARE OUT THERE ARE EXTREMELY EXPENSIVE. THEY MEAN TO REVOLUTIONIZE THE COSMETICS INDUSTRY, UH, WITH THESE MATERIALS THAT THEY HAVE. WHERE, WHERE ARE THEY ON THE BEACH? SO THEY'RE NOT ON THE BEACH, THEY'RE NOT IN THE UNITED STATES AT ALL. THEY'RE SEEKING TO PUT THEIR FIRST STORE IN THE US ON MIAMI BEACH AS OPPOSED TO THE DESIGN DISTRICT OR SOMEWHERE ELSE. UM, BECAUSE THEY BELIEVE IN THE BEACH. AND HAVING MET WITH AND SPOKEN WITH SEVERAL COMMISSIONERS, UM, WE'VE EXPLAINED TO THEM WHAT WE WANT TO DO AND WE REALIZED BASED ON THE EXISTING CODE AND HOW IT IS DRAFTED, THIS IS AN AMENDMENT THAT'S NECESSARY TO BE ABLE TO LEASE A SPACE, UH, THAT THEY WOULD BE ABLE TO USE ON LINCOLN ROAD. UM, WHERE DO THEY WANT TO GO ON LINCOLN? UM, I BELIEVE ON THE 500 BLOCK. SO TOWARDS, UH, UH, I GUESS AROUND THE PENNSYLVANIA AVENUE AREA. AND HOW MANY SQUARE FEET? UM, THEIR STORE FOR THE, THE RETAIL FLOOR AREA WOULD BE, I THINK AROUND 2,500 SQUARE FEET. JUST UNDER 3000. UH, IT'S A LARGE SPACE. THEY'RE GONNA GONNA HAVE OFFICES IN THE BACK 'CAUSE IT WOULD BE A US OFFICE FOR THEM AS WELL. BUT THE RETAIL SPACE, UM, AND HOW BIG IS THE RETAIL PORTION? THE RETAIL PORTION IS ABOUT, UH, 2,500 SQUARE FEET. THEY'D BE LOOKING AT A, MAYBE ABOUT 300 SQUARE FEET OF THAT IS WHAT THEY'D WANT TO USE FOR THIS PARTICULAR PURPOSE. AND I'LL, I'LL EXPLAIN THAT IN A SECOND SO YOU HAVE A BETTER IDEA. YEAH, THAT SEEMS PRETTY SMALL. YEAH, PRETTY SMALL. E EXACTLY. SO, UM, BASICALLY WITH THIS TECHNOLOGY THAT THEY'VE PRODUCED, THINGS THAT, YOU KNOW, UH, DEVICES YOU PUT ON YOUR FACE, THEY HELP TIGHTEN YOUR SKIN, THEY GIVE YOU SHINE, THEY REMOVE THE BAGS UNDER YOUR EYES. THIS TECHNOLOGY THAT THEY USE, UH, HAS BEEN IMPLEMENTED IN OTHER WAYS AS WELL. THEY'VE CREATED A PRODUCT LINE CALLED SATISFIER, WHICH IS, UH, UH, SEXUAL WELLNESS PRODUCTS, UH, ESSENTIALLY DO THE SAME THING, JUST NOT ON THE FACE. UM, SO , UH, AND, AND, AND YEAH, IT'S, IT, WE LAUGH, BUT, UH, IT'S THAT THE HIGHEST SELLING PRODUCT WITH THE MOST REVIEWS ON AMAZON. THIS IS, UH, NOT SOMETHING THAT THEY'RE SELLING ON THE SIDE OF THE ROAD TRYING TO MAKE MORE MONEY. THIS IS, UH, A ROOT, ONE OF THEIR BIGGEST PRODUCTS, AND THEY WANT TO BE ABLE TO SELL THAT IN THEIR STORE. SO, YOU KNOW, IT IS, IT'S NOT EVERYTHING THEY DO. 80% OF THEIR STORE IS COSMETIC PRODUCTS AND COSMETIC TECH, BUT THEY DO HAVE THIS AND THEY WANT TO BE ABLE TO HAVE IT IN THE STORE. AND SO WORKING WITH THE COMMISSION, WITH THE PLANNING STAFF FOR THE PLANNING DIRECTOR, THEY'VE PUT FORTH AN ORDINANCE TO AMEND THE CODE THAT WOULD ALLOW US TO DO THIS, TO MAKE THIS WORK AT A MAXIMUM OF 20% NOT TO BE SEEN FROM THE STOREFRONT. BASICALLY, IT'S HIDDEN IN THE BACK TO A LIMITED AREA AND THE 20% IS WHAT WE NEED FOR IT TO WORK. AND THAT'S WHAT WENT FORWARD WHEN WE SAW THAT, UH, PLANNING STAFF WAS RECOMMENDING DROPPING IT TO 10, WE WERE SURPRISED BECAUSE THAT HONESTLY WOULD PROBABLY UNDO THE WHOLE POINT OF THIS WHOLE ORDINANCE FOR US. UM, WE'VE ALSO MET WITH THE LINCOLN ROAD BID. THEY PASSED A RESOLUTION IN SUPPORT, WHICH IF YOU'D LIKE, I COULD READ INTO THE RECORD, BUT THEY'VE ESSENTIALLY SUPPORTED THE, THE 20% AS WELL NOT TO BE SEEN FROM THE STOREFRONT. AND, AND JUST TO BE CLEAR, THESE ARE SELF MASSAGE TO FEMALE TOYS. THEY'RE NOT PORNOGRAPHIC, CORRECT. DISPLAYED NO, NO PORNOGRAPHIC DISPLAYS, NOTHING PORNOGRAPHIC, UH, YOU KNOW, IF IF YOU DON'T KNOW WHAT IT IS. YEAH. AND, AND THEY'D BE ON, UH, I GUESS DISPLAYS THAT CHILDREN CAN'T REACH OUT. THEY'RE VERY SIMILAR TO THE FACIAL DEVICES. AND AS FAR AS THE DESIGN, THEY LOOK, THEY LOOK IDENTICAL. EXACTLY RIGHT. YES. IT'S YOUR CUSTOMER. WHO'S YOUR CUSTOMER? YOU? ALL OF US. EVERYBODY. NOT EVERYBODY. WELL, WELL, DO YOU ALLOW MINERS TO WALK IN YOUR STORE? UH, ANYBODY CAN WALK INTO THE STORE. ONE OF THE THINGS THAT WAS BROUGHT UP IS THAT IF MINERS SHOULDN'T BE ALLOWED IN THE STORE, WE CAN HAVE SOMEBODY OUT FRONT CHECKING IDS. IT DOESN'T SEEM APPROPRIATE FOR LINCOLN ROAD THOUGH, BUT THESE ARE NOT THINGS THAT SHOULD BE VISIBLE TO MINORS. YOU CAN'T SELL THEM TO MINORS THAT'S IN THE CODE. AND THAT'S NOT CHANGING. SO THIS WOULD BE AN AREA IN THE BACK WOULD DISPLAYS KIDS WOULDN'T BE ABLE TO SEE THEM. THEY'RE HIGHER UP. UH, THEY WOULDN'T BE SOLD TO CHILDREN. MINOR CAN BE A TALL 14-YEAR-OLD. YEAH. AND IF THEY SAW IT, IT WOULD JUST LOOK LIKE EVERY OTHER FACIAL MASSAGER IN THE STORE. THERE'S NOTHING PORNOGRAPHIC, NOTHING VISIBLY PORNOGRAPHIC ABOUT IT. IF, IF, IF IT'S A SMALL PERCENTAGE OF YOUR, WHAT'S YOUR UNIT VOLUME? UH, THAT I DON'T KNOW OFF THE TOP OF MY HEAD, BUT I'LL TELL YOU BASED ON THE PRICE POINT, THEIR PRODUCTS ARE AROUND 30, 40, $50, NOT 500, $600 LIKE OTHER COSMETOLOGY TECH PRODUCTS ON THE MARKET. SO IF IT'S A SMALL PERCENTAGE, HOW DOES THAT DRIVE THE OVERALL UNIT VOLUME? AND WHY DO YOU NEED THIS AS A, AS AS I MEAN, WHY? WELL, SO YEAH, SO THE, THE, THE UNIT VOLUME IS PROBABLY HIGH. SO THE, THE, THE PURPOSE OF THE ORDINANCE IS TO CREATE A PERCENTAGE OF THE FLORIA WHERE THESE PRODUCTS CAN BE DISPLAYED. IT'S NOT JUST ONE PRODUCT. THEY HAVE A LINE OF THEM, SO THEY WANT TO BE ABLE TO DISPLAY THEM WITHIN THE STORE. AGAIN, THEY'RE NOT IN THE FRONT OF THE STORE, BUT WHY IS IT NECESSARY? BECAUSE THIS IS A, THIS IS A PRODUCT LINE OF THEIRS THAT THEY WANT TO BE ABLE TO MARKET TO EVERYBODY. IT'S NOT JUST THE COSMETICS. WELL, AGAIN, [01:30:01] SO I'M A, I'M A, UH, 14-YEAR-OLD WITH MY, A GIRL WITH MY, OR A BOY WITH MY MOTHER. AND WE WALK IN THE STORE. HOW DO YOU MARKET IT? HOW, HOW WOULD ANYONE KNOW IT EXISTS? YOU MAKE IT SOUND LIKE IT'S INVISIBLE. SO HOW WOULD THE, HOW WOULD THE ADULT KNOW AND THE CHILD DOESN'T? YEAH, SO, SO THE BEST WAY I CAN PUT IT, UM, IMAGINE A STORE THAT'S, UM, KIND OF A HYBRID BETWEEN A SEPHORA AND AN APPLE STORE. UH, VERY CLEAN, SMOOTH, SLEEK LOOKING STORE DISPLAYS DOWN THE CENTER, DISPLAYS ON THE WALLS, AND ONE PRODUCT IN EACH SQUARE WITHIN THE DISPLAYS. AND EACH PRODUCT HAS, UH, LABELS. WHAT IT IS, IT HAS A NAME AND IT SAYS WHAT IT'S FOR UHHUH. SO YOU WOULD HAVE TO READ NEXT TO THE DISPLAY WHAT IT IS. AND THE, THERE'S NOTHING PORNOGRAPHIC IN THE LANGUAGE OF WHAT'S BEING DISPLAYED THERE. IT'S DESCRIBING THE PRODUCTS. UM, IF YOU WANT AN EXAMPLE, I MEAN, I JUST YEAH. DESCRIBE THE PRODUCT. NO, BUT THERE'S, THERE'S, THERE'S A LOT OF PLACES RIGHT NOW THAT I SEE WHERE I GO TO MY ESTHETICIAN. YEAH, YOU GO G BEAUTY AND SUNSET HARBOR. RIGHT? AND THEY'RE SELLING A BUNCH OF CREAMS AND COSMETICS FOR WOMEN. THE TOP SHELF HAS SOME SELF MASSAGE, THOSE FEMALE MASSAGERS ON THE TOP SHELF. AND YOU DESCRIBE THIS, YOU KNOW, SO, BUT IT'S NOT ON LINCOLN ROAD ROAD, BUT IT DOESN'T LOOK LIKE ANYTHING CRUDE OR ANYTHING. IT'S JUST PART OF PRODUCTS THAT THEY'RE SELLING. WHAT'S YOUR I UNDERSTAND. WHAT'S YOUR CONCERN? THAT KID? MY, MY CONCERN IS I DON'T UNDERSTAND WHAT THE ADULT PORTION OF THIS PRODUCT IS. AND IS IT SOMETHING THAT MINORS SHOULDN'T, I MEAN, IT SOUNDS LIKE HE KEEPS, HE'S SAYING IT'S HIDDEN FROM THE MINORS, BUT IT'S BEING ADVERTISED, SO I DON'T UNDERSTAND THE, THE ADULT NATURE. SO SINCE IT'S A PUBLIC, UH, FORUM YES, AND THERE'S NO PROBLEM WITH THIS THING. TELL US ALL IN GRAPHIC TERMS, WHAT IS THIS? WAIT, WAIT, WAIT. WHAT DOES IT DO? HEY, UM, IT VIBRATES, UM, VIBRATES. I, ALL OF THIS IS HELLO KITTY. UH, THIS IS ALL HELLO KITTY THAT DOES MARKET DISHES. THOSE ARE, THOSE ARE THE COSMETIC PRODUCTS. THOSE ARE NOT THE SATISFYING PRODUCTS. AND I WILL ALSO ADD THAT THESE ARE SOLD IN EVERY CVS IN WALGREENS, INCLUDING ON MIAMI BEACH BLACK. THIS IS ALL HELLO KITTY, YOU GOT, HOLD ON. I JUST WANT REMIND EVERYONE, THIS ISN'T ABOUT THEIR STORY. THIS IS ABOUT AN ORDINANCE. YES. YEAH. UM, AND IT'S ABOUT, IT'S ABOUT THE PRODUCTS AND THIS IS THE ORDINANCE. NO, I UNDERSTAND THAT. AND ALL OF THIS IS MARKETED TO KIDS. HELLO KITTY IS, SO THE, THE, THE COSMETIC TECHNOLOGY PRODUCTS ARE, THEY DO HAVE, UH, UH, MARKETING DEALS WITH LOTS OF INFLUENCERS ONLINE WITH, UH, HELLO KITTY. THEY HAVE A BRAND, A, AGAIN, THOSE ARE THE COSMETICS. THOSE ARE NOT THE ADULT MATERIALS AS THEY'D BE DEFINED BY THE CITY, WHICH IS THE SATISFIER LINE, WHICH IS COMPLETELY SEPARATE FROM THAT. AND WHAT'S MARKETED TO KIDS, WHICH, YOU KNOW, KIDS WOULD WALK IN. THOSE DISPLAYS ARE LOWER, THEY WOULD BE ABLE TO SEE THOSE. AND AGAIN, THEY WALKED DOWN THE STORE, EVEN IF THEY WERE TALL ENOUGH TO SEE THE ADULT MATERIALS, THEY WOULDN'T KNOW WHAT THEY WERE. THEY COULD READ THEM, THEY COULD SEE ADULT SEXUAL WELLNESS PRODUCTS. THEY'D HAVE TO TURN AROUND AND ASK THEIR MOTHER, WHAT IS THIS? YEAH, IT'S NOT, MY CONCERN IS, LET'S TAKE IT AWAY FROM HIM. YOU HAVE, IF MAC OR ANY COSMETIC STORE DECIDES THAT THEY WANT START SELLING VIBRATORS AND OTHER TYPES OF SEXUAL MATERIAL, IS THERE ANYTHING PROHIBITING HIM UNDER THIS ORDINANCE? WHY? I DON'T UNDERSTAND THAT THERE, HE HAS A VERY SPECIFIC PRODUCT, BUT WE'RE SAYING ADULT MATERIALS. SO PORNOGRAPHIC MOVIES COULD BE IN THE BACK OF A, A, UH, COSMETIC STORE UNDER THIS ORDINANCE, CORRECT. IF IT, YEAH, WE'RE NOT, IF IT CAN FORM TWO 20% OR 10%. YEAH. WE'RE NOT REVIEWING THE EXACT, UM, NATURE OF THE ADULT MATERIAL. HOW DO YOU, HOW DO YOU, YEAH, SO IT OPENS IT UP. HOW DO YOU ENFORCE THIS WITH CODE? HOW DO YOU, HOW DO YOU MONITOR THIS? I MEAN, IT'S LIKE, HOW DO, HOW DOES THAT WORK? WELL, IT DOES REQUIRE, AS IAN MENTIONED, IT DOES REQUIRE THAT, UM, THE, THEY CANNOT DISPLAY THE MATERIAL IN SUCH A MANNER THAT IT'S VISIBLE TO MINORS AND YOU CANNOT KNOWINGLY SELL OR RENT IT TO MINORS. BUT HOW DO YOU ENFORCE THAT WITH CODE? WE CAN HARDLY ENFORCE CODE CAN WALK IN THERE AND SEE IF THAT'S ACCURATE. WELL, RIGHT. ONE WAY, WAY, ELIZABETH, THAT, THAT COULD BE ENFORCED IS LIKE FOR INSTANCE, WHEN YOU GO TO A NEWSSTAND OR BOOKSTORE AND THERE ARE CERTAIN MAGAZINES THAT ARE ON THE TOP SHELF BEHIND A, YOU KNOW, LIKE AN OPAQUE COVER. IT WOULD PROBABLY BE SOMETHING ALONG THOSE LINES AS FAR AS TO ENFORCE OR BUYING ALCOHOL AT THE, AT THE STORE OR BUYING CIGARETTES. THERE'S AGE REQUIREMENTS TO BE ABLE TO BUY THE MATERIAL. JUST, WE JUST, WE'RE NOT A PROACTIVE CODE ENFORCEMENT. NO, WE'RE NOT IN THE PROACTIVE BUSINESS HERE. WE'RE IN THE REACTIVE BUSINESS AND NOT, WE'RE SCARED THAT A 16-YEAR-OLD IS GONNA GO BY A VIBRATOR AND RUIN HER LIFE. NO, WE'RE SCARED THAT A 5-YEAR-OLD THE WHAT THAT'S GONNA WALK IN THERE WITH DON'T KNOW WHAT IT IS WITH HELL KITTY. EVERYTHING IS HELLO KITTY. LOOK, I'M, I'M GONNA JUST, I WOULD ALSO ADD, UM, YOU KNOW, WE'RE NOT OTHERWISE CHANGING THE CODE AS TO ADULT BOOKSTORES, WHICH IS WHAT THEY CALL THEM. YEAH. THEY'RE ALLOWED BY RIGHT IN THE CITY IF THEY MEET DISTANCE SEPARATION REQUIREMENTS, WHICH IS I BELIEVE 300 FEET FROM A THOU A THOUSAND FEET FROM ANOTHER ONE A THOUSAND. YEAH. [01:35:02] YEAH. AND SO THIS IS JUST TO REDUCE THE DISTANCE REQUIREMENTS FOR A COSMETIC STORE SELLING LESS THAN 20% SO THAT THE LOCATION ON LINCOLN ROAD WOULD WORK. AND THERE ARE OTHER LOCATIONS ON THE OTHER SIDE OF LINCOLN ROAD, WHICH WOULD BE ALLOWED BY RIGHT. WITHOUT THIS ORDINANCE, WHICH IS ANOTHER REASON WHY THIS IS KIND OF A SPECIFIC TO US REQUEST. YOU DIDN'T EXPLAIN TO ME, IS THIS A CO A ADULT COSMETIC THAT GOES SOMEPLACE OTHER THAN YOUR FACE? IS THIS COSMETICS OR IS IT A DEVICE THAT IN ANY OTHER PLACE WOULD BE CONSIDERED ADULT? IT IT'S COSMETIC TECHNOLOGY DEVICES THAT ARE MEANT FOR ALL AGES. IT'S, THERE'S JUST THIS ONE SPECIFIC SATISFIER BRANDED PRODUCT LINE, WHICH IS WHAT THE CITY DEEMS ADULT MATERIALS, WHICH WE WOULD NOT BE ABLE TO SELL. CAN'T WE CLASSIFY IT AS ADULT COSMETIC AND LIMITED MORE SO THAT IT'S JUST NOT WIDE OPEN TO ANY KIND OF ADULT MATERIAL. JUST FOR MATERIAL. JUST, JUST JUST FOR CLARIFYING THIS BEAUTY LINE, WHICH I, MY, MY HUSBAND, MY HUSBAND'S BACKGROUND IS IN BEAUTY. SO, SO YEAH. SEE, I DON'T UNDERSTAND. SO I'M FAMILIAR WITH THIS COMPANY AND SO IT, IT IS AN ACTUAL COSMETIC, YOU KNOW, LINE OF PRODUCTS AND SERUMS AND CREAMS AND, AND, AND DEVICES AND FACIALS AND TECHNOLOGY. SO WHY CAN'T WE DEFINE IT AS SUCH? FINISH, LET HER FINISH. SO THIS IS NOT SOME WEIRD SORT OF, YOU KNOW, UH, FACE FRONT TO BE SELLING, TO BE SELLING UH, RIGHT. PORNOGRAPHIC STUFF. THIS IS A LEGIT COMPANY THAT I'M FAMILIAR WITH FROM GERMANY WHO SELLS COSMETIC SERUMS, CREAMS, DEVICES THAT, YOU KNOW, FOR PEELING AND STUFF. YEAH. AND THEY, THEY, THEY, THEY CATER TO A MORE AFFORDABLE PRICE POINT, BUT WITH WHAT THEY CALL, UH, YOU KNOW, TECHNOLOGY SCIENTIFIC BASED PRODUCTS. SO, SO IT'S A COSMETIC COMPANY. IT'S NO DIFFERENT THAN WOULD BE, UM, YOU KNOW, I'M TRYING TO THINK OF A SPECIFIC COMPANY AS WELL AS ONE BRAND OF PRODUCT, BUT THEY HAVE THEIR OWN, JUST THEIR OWN BRAND THEY CARRY. AND WHAT I, I'M UNDERSTANDING THERE'S A CERTAIN SECTION OF IT BASED ON THE TECHNOLOGY THEY DEVELOP WITH SOME OF THE, UH, HANDHELD DEVICES FOR, FOR THE FACIAL APPLICATION OF THE SERUMS AND THE TREATMENTS AND UHHUH, UM, THAT THEY'VE ALSO USED THAT TECHNOLOGY TO DEVELOP, UM, SELF MASSAGE TOYS FOR FEMALE. AND SO THAT ARE, YOU KNOW, TASTEFUL IN THE WAY THEY'RE JUST, YOU KNOW, THAT THEY'RE DESIGNED AND THEY DON'T LOOK LIKE ANYTHING THEY SUGGESTIVE. UM, AND I JUST, AND THEN THEY'RE JUST TRYING TO OPEN UP A SPACE IN THEIR RETAIL THAT, THAT WOULD BE SELLING THOSE PRODUCTS BASED ON THEIR, THEIR THEIR, AND CORRECT ME IF I'M WRONG, SO FAR, YOU'RE ABSOLUTELY RIGHT. THANK YOU VERY MUCH FOR THAT. ALRIGHT, SO I I, SO IS THERE ANY WAY THEN TO NARROW DOWN THIS VERY WIDE ADULT DEFINITION TO SOMETHING THAT FITS? YEAH, I MEAN, I WOULDN'T, WHAT THEY'RE DOING, I WOULD, I WOULDN'T BE COMFORTABLE IF THEY WERE SELLING COMFORTABLE WITH THAT, YOU KNOW, STUFF WITH, WITH, WITH PORN MAGAZINES OR, YOU KNOW. YEAH. I MEAN, IF IT'S A COSMETIC, WOULD THESE LOOK EXACTLY LIKE IT WOULD BE AS FOR EIGHT? THERE'S NOTHING OFFENSIVE. LIKE I SAID, YOU GO TO G BEAUTY, THEY SELL 'EM ON THEIR SHELF THERE, TAKE YOU GO TO TO ANY, CAN YOU, CAN YOU MODIFY THAT DOWN? CAN YOU TAKE IT, CAN WE MODIFY AND ELIMINATE THE ADULT PART? RIGHT. SO, SO I GUESS, SO THE, I GUESS THE HESITATION HERE IS THAT THE ADULT DEFINITION, IT MAY INCLUDE MATERIAL THAT, THAT THEY WOULD BE UNCOMFORTABLE. I THINK WE'RE NOT, WE'RE NOT TOO BROAD DEBATING. WE'RE NOT DEBATING ANY OF THE, THE, THE, UM, SELF MASSAGE TOOLS. I THINK WHERE THEY'RE MORE WORRIED IF IT GOES INTO A WHOLE DIFFERENT CATEGORY OF WE, WE, WE, WE WOULD BE OKAY EXCLUDING, YOU KNOW, VIDEOS, MAGAZINES, I MEAN WE'RE SPECIFICALLY LOOKING TO SELL THIS PRODUCT LINE AND NO OTHER ADULT MATERIALS THIS AND REDUCE IT 10%. WELL, WE, WHY ARE WE DOING SPECIFICALLY REQUESTING AT LEAST 20% PERCENT TEST'S WHAT THE CITY, WHY, WHY ARE WE RECOMMEND 20 TO 10 AT THAT POINT? IF YOU'RE PUTTING IT SEPARATE SECTION, LIKE HOW, HOW IMPORTANT IS IT TO GO FROM 20 TO 10? 20% SEEMS PRETTY LARGE IN TERMS OF THE OVERALL AREA, ESPECIALLY WHEN IT'S ONLY 300 SQUARE FEET. WELL, THE, IT WOULD BE THAT EVEN AT 10%, THEY SAY 10% OR NOT TO EXCEED A HUNDRED SQUARE FEET. SO THAT'S OUR CONCERN. WE WOULD LIKE MORE THAN A HUNDRED SQUARE. WE DID NOT, I DID NOT WORK WITH IAN. NOBODY GAVE ME A FLOOR PLAN. MM-HMM . THIS WAS REFERRED FROM THE CITY COMMISSION. WE DIDN'T HAVE THE DIRECTION TO INCLUDE THE SPECIFIC ADDRESS, SO WE DIDN'T HAVE THIS INFORMATION. SO WE GIVE OUR BEST GUESS IN TERMS OF WHAT WE THOUGHT, UM, WOULD BE APPROPRIATE. I MEAN, I, I THINK, I THINK THAT, YOU KNOW, GOING FROM 10 20 TO 10 IS, IS IS KIND OF A, A A, YOU KNOW, WE'RE, WE'RE OR, BUT YOU CAN ALWAYS GO OR IF THEY'RE OKAY WITH IT, 10% AS LONG AS YOU TAKE OUT THE A HUNDRED FEET SQUARE FEET. IS THAT A PROBLEM? IT'S UP TO THE, THE BOARD TERMS RECOMMENDATION. IS THAT, IS THAT WHAT I'M HEARING? YOU DON'T MIND THE 10%, BUT IT'S THE, IT'S THE, OR WE, WE WOULD REQUEST TO LEAVE IT EXACTLY HOW IT WAS DRAFTED, UH, AT THE 20%. UM, IF, IF WE REDUCE IT DOWN, WE'LL OBVIOUSLY TRY AND WORK WITH IT, BUT IT CREATES A HARDSHIP FOR US BASED ON THE DESIGNS WE'VE ALREADY CREATED. UM, HOLD ON. CAN WE GET BACK TO THIS? SO LET'S GET BACK TO THE ORIGINAL QUESTION. IS THERE A WAY TO, SO I DON'T THINK PEOPLE ARE GONNA HAVE A PROBLEM WITH 20%. IF, IF WE CAN ELIMINATE SOME OF THE CATEGORIES OF ADULT MATERIAL. IS THAT POSSIBLE? OR, OR, OR IN THE INVERSE, IF WE, IF WE SPECIFY, UM, LIKE PERSONAL MASSAGERS FOR EXAMPLE, THAT YOU, YOU KNOW, RATHER THAN TRY TO EXCLUDE [01:40:01] EVERY CATEGORY, DEFINE WHAT THEY SELL. YEAH. AND, AND, AND MAYBE THAT THERE'S A BASIS TO TREAT THAT DIFFERENTLY THAN OTHER YEAH, I WOULD JUST REMIND THE BOARD, THIS IS A TAX AMENDMENT BROUGHT BY THE CITY. IT'S NOT AN APPLICATION FOR US FOR COMMERCIAL, BUT IT TO POINT OUT IT CAME, IT CAME FROM YOU FOR THE STORE, THE NAME OF OUR PRODUCT, RIGHT INTO THE CO FIND WITH THAT FROM, IT CAME FROM YOU FOR THIS STORE. OTHERWISE IT WOULDN'T BE HERE TODAY. NO, NO, NO. THAT THAT DID COME FROM, THAT'S ABSOLUTELY RIGHT. BUT TECHNICALLY WE'RE NOT THE APPLICANT. IT'S THE ASSISTANT CITY MANAGER. AND THE CITY IS WAIVING THE FEES FOR THIS. THE DIRECTION IS TO, FOR THE CITY TO WAIVE THE APPLICATION FEES FOR, WE WOULD NOT BE HERE IF THE CITY, RIGHT. SO TO MAKE IT PALATABLE IS STORE ON MIAMI BEACH. WE DON'T KNOW WHAT THE SALE PERCENTAGE OF SALES FROM THE THESE ITEMS COME FROM. WE DON'T KNOW THAT. I DON'T KNOW THAT, THAT THAT'S REALLY THE ISSUE. IT'S ABOUT WHAT'S DISPLAYED IN THE STORE AND THE PERCENTAGE OF THE STORE. WELL, WELL, THAT'S KIND OF AN ISSUE. I MEAN, WHAT, I MEAN, WHAT ARE YOUR DOLLAR SALE, WHAT ARE YOUR SALES VOLUME THAT COME FROM THIS? THESE THAT, THAT I DON'T KNOW BECAUSE RIGHT NOW WE DON'T HAVE ANY STORES IN THE US TO GET THAT METRIC. THIS IS AN INTERNATIONAL COMPANY STORES. HOW MANY STORES DO YOU WANNA OPEN IN MIAMI BEACH? UH, JUST THE ONE, BUT LOOKING TO DO HUNDREDS THROUGHOUT THE US THIS WOULD BE THE FIRST ONE. THIS IS, SO NICK, AGAIN, UM, GETTING BACK TO THE GERMINE ISSUE, IT SOUNDS LIKE WHAT THE CONCERN IS IS THE DEFINITION OF THE ADULT PRODUCT. SO CAN YOU COME UP WITH A, A SUGGESTED RECOMMENDATION ABOUT HOW TO ALLEVIATE THAT CONCERN? YES, AND I, I WOULD WANNA BE VERY CAREFUL ABOUT THAT BECAUSE I DON'T WANT US TO GET IN THE BUSINESS OF DETERMINING WHAT IS, WHAT IS ADULT OR WHAT ISN'T, OR DISTINGUISHING EVEN BETWEEN TYPES OF ADULT MATERIAL. BUT I THINK THE, I UNDERSTAND THIS IS A, THIS IS A TEXT AMENDMENT. UM, BUT, BUT I THINK THE, THE, THE, THE QUESTION HERE IS ABOUT A VERY SPECIFIC TYPE OF MATERIAL THAT IS SOLD GENERALLY IN RETAIL STORES, LIKE DRUG STORES. UM, SO I THINK BASED ON THE DISCUSSION, I THINK THERE IS A BASIS TO TREAT SOMETHING LIKE, FOR INSTANCE, A PERSONAL MASSAGER DIFFERENTLY CORRECT. FROM OTHER TYPES OF, OF ADULT MATERIAL. AND THAT MAY BE THE, UM, THE, THE, THE, THE, THE PROVISIONS HERE IN, LET'S SEE, 7.52 COULD ONLY APPLY IF YOU KNOW IT, IF IT'S A COSMETIC STORE, UM, SEEKING TO SELL PERSONAL MASSAGERS PER PERSONAL YEAH, YEAH. JUST MAKE IT THAT. I'D BE FINE WITH THAT AND SUBJECT TO ALL THE OTHER RESTRICTIONS THAT WE, WE'VE DRAFTED THE SQUARE FOOTAGE, WHATEVER THE BOARD, BECAUSE DOESN'T INCLUDE ANYTHING ELSE. RIGHT. THAT'S, IT'S ALL THAT THAT'S CORRECT'S ALL YOU'RE DOING. OKAY. OKAY. WELL IF WE CAN DO THAT, I'M FINE WITH 20%. AND YOU'RE GOOD WITH THAT? WE'RE GOOD WITH THAT. THANK YOU. YEAH. ALL RIGHT. I'LL MAKE A MOTION FOR THAT. ARE WE, ANYONE HAVE ANY OTHER COMMENTS? SO HOLD ON, DO WE HAVE TO MAKE A MOTION PROOF FAVORABLY AND THEN DO A SECOND MOTION WITH THE RECOMMENDATION? OR CAN WE DO IT WE CAN DO IT ALL TOGETHER? YEAH. OKAY. ALRIGHT, GO AHEAD MELISSA. I WANNA MAKE SURE WHAT WE'RE, I WANNA MAKE SURE, RIGHT, SO, UH, SO CORRECT ME WITH THE WORDING HERE. SO MOTION TO APPROVE, UM, WITH, UH, INCLUDING THAT THE, UH, ADULT, UH, TOY B LIMITED TO PERSONAL MASSAGERS AND ARE WE TAKING OUT BOOKSTORE AND ALL THAT KIND OF STUFF? WELL, NO, THAT, THAT'S, NO, THAT COVERS IT. SO, SO THIS IS, IF ON PAGE 1 76 OF YOUR BOOK, THIS WOULD BE AN AMENDMENT TO PARAGRAPH FOUR. SORRY, WHICH PAGE NICK? UH, 1 76 OF THE BOOK, RIGHT. PARAGRAPH FOUR. IT'S THE AMENDMENT TO PARAGRAPH FOUR WHERE IT SAYS, UH, A COSMETIC STORE LOCATED IN A COMMERCIAL ZONING DISTRICT AND WHERE ADULT MATERIAL, THAT'S WHERE WE WOULD INSERT. CORRECT. UM, UH, YOU KNOW, CONSISTING OF, YOU KNOW, PERSONAL MASSAGES, PERSONAL MASSAGES. AND THEN I THINK IN THE RECITALS, AND THIS IS SOMETHING THAT WE WILL DO INTERNALLY, BUT IN THE RECITALS FOR THE ORDINANCE, I THINK, UM, WE, WE CAN EXPLAIN THERE THAT THIS PARTICULAR PRODUCT IS SOMETHING THAT IS, YOU KNOW, IT'S, IT'S NOT LIMITED TO JUST STANDALONE ADULT STORES, BUT RATHER IS GENERALLY SOLD, HAS NEUTRAL MARKETING MATERIALS AND SO LONG AS IT'S, YOU KNOW, NOT VISIBLE, UH, FROM THE STOREFRONT OR TO MINORS, YOU KNOW, THERE IS A, IT IT IS DIFFERENT FROM OTHER TYPES OF ADULT MATERIAL THAT IS REGULATED. I THINK, I THINK THAT'S HOW WE, WE, WE COULD HANDLE THIS. ALRIGHT. ALL RIGHT. SO I NEED SOMEONE TO SECOND THAT. ALL RIGHT. WE GET, I'LL SECOND THAT. OKAY. ALL IN FAVOR? AYE. ANYONE OPPOSED? OKAY, THANK YOU VERY MUCH. CAN I, CAN I JUST ADD A, I'D BE REMISS IF I DIDN'T JUST CONGRATULATE THE FLORIDA GATORS ON THEIR NATIONAL CHAMPIONSHIP YESTERDAY. AS PAINFUL AS IS FOR ME. CONGRATULATIONS. THANK YOU. SMART. NOT DOING IT BEFORE YOU PRESENTED , THAT WAS AT THE 20%, RIGHT? YEAH, 20% PERCENT. RIGHT. WE GOT, WE GOT THIS AT 20%. THAT WAS AT 20%, NOT THE 10, 20%. THAT'S RIGHT. UM, MR. CHAIRMAN, IF I MAY, I WANTED TO RESPOND TO THE QUESTION ON THE SURE. COMMERCIAL PARTIES? YES. YEAH, BECAUSE IT HAS, MELISSA IS FOR YOU. SORRY, I, I'M SORRY. I JUST WANTED TO RESPOND TO THE EARLIER QUESTION ON THE COMMERCIAL USE OF SINGLE FAMILY HOMES. YES. SO, SO IT IS TWO ORDINANCES. THE ORDINANCE THAT THE BOARD TRANSMITTED TODAY, [01:45:01] UM, GOVERNS COMMERCIAL USE OF SINGLE FAMILY HOMES IN THE LAND DEVELOPMENT REGULATIONS. WHAT THAT ORDINANCE DOES IS PROHIBITS THE SPONSORSHIP OF AN EVENT IN A SINGLE FAMILY HOME BY A FOR-PROFIT ENTITY AND PROHIBITS THE PROMOTION OF ANY EVENT, WHETHER OR NOT SPONSORED, UH, VIA SOCIAL MEDIA PLATFORMS. THE SEPARATE AMENDMENT THAT WAS APPROVED BY THE CITY COMMISSION IS AN AMENDMENT TO THE SPECIAL EVENTS REGULATIONS. UM, AND WHAT THAT DOES IS FOR, FOR THOSE SPECIAL EVENTS THAT ARE PERMITTED, MEANING, YOU KNOW, CHARITABLE, NON-COMMERCIAL, NOT ADVERTISED, NOT EVERY RIGHT, EXACTLY. THAT IF THE EVENT MEETS CERTAIN INDICIA THAT A SPECIAL EVENT PERMIT WILL BE REQUIRED IF FIREWORKS ARE INVOLVED. IF MORE THAN, AND THIS WAS YOUR QUESTION, IF MORE THAN 100 ATTENDEES MAY REASONABLY BE EXPECTED TO ATTEND, WHEN MORE THAN 50 VEHICLES ARE EXPECTED TO PICK UP OR DROP OFF PASSENGERS, UH, WHERE INSTITUTIONAL, INSTITUTIONAL OR COMMERCIAL GRADE SPEAKERS LIGHTING, UM, GENERATORS OR OTHER EQUIPMENT ARE EXPECTED TO BE UTILIZED, OR, UM, WHERE AN INSTITUTIONAL OR COMMERCIAL GRADE BAR, UH, THAT MEETS CERTAIN, UH, STAFFING REQUIREMENTS IS EXPECTED TO BE USED. IN THAT CASE, A SPECIAL EVENT PERMIT IS REQUIRED. SO IT'S A, IT'S A TWO-PRONGED APPROACH, BUT THE, THE, THE MINIMUM NUMBER OF PEOPLE IN THE OTHER ORDINANCE IS 100. OKAY. THANK YOU NICK. ALRIGHT. MEETING ADJOURNED. AND I KNOW YOU ALL HAVE LUNCH COMING AT NOON IF YOU WANNA WAIT AROUND FOR IT. , BUT THAT WAS A RECORD. YEAH. AS FAR AS, ALL RIGHT. WHO KNEW STUFF, WHO KNEW WAS THE, UH, A CATEGORY GONNA KEEP US TALKING THE MOST THIS MORNING? SO FUNNY. I SHOULD HAVE ASKED HIM IF HE BROUGHT ONE AND HE COULD SHOW IT TO EVERYBODY. MAYBE WE SHOULD HAVE. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.