[00:00:01]
ONE MORNING EVERYBODY.WELCOME TO THE SEPTEMBER 9TH PLANNING BOARD MEETING.
HOPE EVERYONE HAD A GREAT SUMMER.
UM, WE HAVE SOME SIGN, WE HAVE A LONG AGENDA, BUT UH, FOR THE FIRST TIME WE'RE GONNA TRY A CONSENT AGENDA FOR SEVERAL ITEMS WHERE THERE HAS BEEN NO ADVERSE PUBLIC COMMENT AND WE BELIEVE IT'S NON-CONTROVERSIAL.
UM, AND THERE WAS A NEW AGENDA HANDED OUT, SO WE'LL FOLLOW THAT.
I THINK WE HAVE A FULL ATTENDANCE.
WE DO, UM, UH, TO THE BOARD, THE
[1. After Action Report – July 28, 2025 ]
MINUTES FROM LAST MEETING WERE HANDED OUT THIS MORNING.IF SOMEONE COULD MAKE A MOTION TO APPROVE THEM, IT WOULD BE GREAT.
ANYONE OPPOSED? OKAY, THOSE ARE APPROVED.
NOW I'LL TURN IT OVER TO THE CITY ATTORNEY.
GOOD MORNING TO THE 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 STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM.
TO PARTICIPATE VIRTUALLY AT 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 TO 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 THEY'RE PARTICIPATING BACK HOME.
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 YOUR 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.
LASTLY, I'D LIKE TO SWEAR IN, UH, ANY MEMBERS OF STAFF OR THE PUBLIC WILL BE TESTIFYING TODAY.
PLEASE RAISE YOUR RIGHT HANDS.
THIS IS ANYONE WHO'S GONNA TESTIFY TODAY ON AN APPLICATION.
UH, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
OKAY, WE'RE GONNA START WITH, UM,
[2. PB25-0776. Liquor Store Prohibition on Lincoln Rd]
REQUEST FOR CONTINUANCES.THE FIRST IS PLANNING BOARD FILE 25 0 7 7 6 LIQUOR STORE PROHIBITION ON LINCOLN ROAD.
WE'D LIKE TO REQUEST THAT THIS ITEM BE CONTINUED TO THE MARCH 10TH, 2026 MEETING DATE.
OKAY? DO WE NEED TO HEAR A COMMENT ON THAT? UM, ANYONE HERE TO SPEAK ON THIS ITEM? ANYONE ON ZOOM? THERE'S NOBODY ZOOM WITH THEIR HAND RAISED.
UM, ANYONE COMMENT HERE OR WE WANNA MOVE? MOVE IT.
SOMEONE WANNA MOVE IT? I'LL MOVE IT.
SECOND SCOTT, ANY SHIELD? ALL IN FAVOR? AYE.
OKAY, NEXT ONE IS PLANNING BOARD FILE 25 0 7 7 7.
[3. PB25-0777. Increase Distance Separation for Tobacco and Vape Stores.]
INCREASE DISTANCE SEPARATION FOR TOBACCO AND VAPE STORES AND WITH THIS ITEM, UM, LIKEWISE, WE'D LIKE TO HAVE THIS CONTINUE TO THE MARCH, UM, 10TH, 2026 MEETING DAY.ANYONE HERE TO SPEAK ON THIS? WHY THIS IS AFFECTED BY STATE LEGISLATION.
ANYONE HERE TO SPEAK ON THIS? ANYONE ON ZOOM? NO.
THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.
OKAY, CAN I GET A SECOND? SECOND.
[4. PB25-0773. 1784 West Ave]
IS PLANNING BOARD FILE.I BELIEVE IF THE APPLICANT'S HERE, THEY WOULD LIKE TO REQUEST A CONTINUANCE TILL THE OCTOBER 16TH MEETING.
THE APPLICANT WANNA SPEAK? OH NO, IT'S NOT OBJECTIONS.
ANYONE HERE TO SPEAK ON THIS ITEM? ANYONE ON ZOOM AND ZOOM WITH THEIR HAND RAISED? OKAY, SO MOVE.
[5. PB25-0763. 1600 Washington Ave]
THE LAST ONE IS PLANNING BOARD FILE 25 0 7 6 3 1600 WASHINGTON AVENUE.LIKEWISE IS A REQUEST TO CON FOR CONTINUANCE TO THE OCTOBER 16TH MEETING.
ANYONE HERE TO SPEAK ON THIS ONE? ANYONE ON ZOOM? THERE'S NO GRAND ZOOM WITH THEIR HAND RAISED.
ANY MOTION TO CONTINUE? I SECOND.
OKAY, MELISSA SECOND AT ALL IN FAVOR? AYE.
[CONSENT AGENDA]
GO ONTO TO OUR SEVEN CONSENT AGENDA ITEMS, MICHAEL.[00:05:01]
SO I'M GONNA GO THROUGH AND READ EACH OF THE ITEMS AND WE'LL ASK FOR, UM, PUBLIC COMMENT AND ALSO ASK IF ANY OF THE BOARD MEMBERS WISH TO, UM, PULL AN ITEM OFF THE CONSENT AGENDA.SO STARTING WITH THE FIRST ITEM, IT'S PPP 25 DASH 7 42 FOR 39 25 COLLINS AVENUE.
THIS IS AN APPLICATION FOR MODIFICATION TO PREVIOUSLY ISSUED CONDITIONAL USE PERMIT FOR THE OPERATION MECHANICAL PARKING GARAGE.
SPECIFICALLY, THE APPLICANT IS REQUESTING TO CHANGE THE OWNER OPERATOR AND UPDATE THE CONDITIONS OF APPROVAL.
THE SECOND APPLICATION IS PB 25 DASH 7 59 FOR 35.
NO, MIKE, I'D RATHER LET, LET'S JUST SEE IF THERE, IS THERE ANY PUBLIC COMMENT? ANYONE HERE TO SPEAK ON THE FIRST ITEM? IS THERE ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.
ALL RIGHT, I JUST WANT TO SURE.
UM, ANYONE ON THE BOARD? ANY, ANY PROBLEM WITH, WITH NO ISSUES VOTING ON IT.
SO IT'D BE VOTING ON A FAVORABLE RECOMMENDATION.
SO CAN I GET A, WELL, I THINK WE'LL DO, WE'LL DO ONE VOTE AT THE END.
I JUST WANNA GO ONE BY ONE ABOUT PUBLIC COMMENT.
AND, AND JUST TO BE CLEAR, THESE ARE PUBLIC HEARING ITEMS. UM, THEY CAN ONLY BE APPROVED AS PART OF A CONSENT AGENDA IF NO MEMBER OF THE BOARD PULLS THE ITEM FOR DISCUSSION AND NO MEMBER OF THE PUBLIC, UH, REQUEST TO SPEAK.
THE NEXT ITEM IS PB 25 DASH 0 7 5 9 3500 FLAMINGO DRIVE.
THIS IS A SINGLE FAMILY HOME LOT SPLIT.
THIS IS AN APPLICATION, UM, TO SUBDIVIDE THE EXISTING SINGLE SITE COMPRISED OF TWO PLOTTED LOTS INTO TWO INDIVIDUAL BUILDABLE PARCELS.
IS THERE ANY PUBLIC COMMENT ON THIS APPLICATION? THERE'S NOBODY WITH THEIR HAND RAISED ONLINE.
THE NEXT APPLICATION IS, UM, PB 25 DASH SEVEN 80.
THIS IS 76 0 5 COLLINS AVENUE, A COMPREHENSIVE PLAN AND FUTURE LAND USE MAP AMENDMENT.
THIS PERTAINS TO THE, UM, PARCEL OF LAND LOCATED AT 76 0 5 COLLINS AVENUE TO CHANGE THE ZONING FROM RESIDENTIAL SINGLE FAMILY RS TO PUBLIC FACILITY.
PF IS THERE ANY PUBLIC COMMENT ONLINE FOR THIS APPLICATION? MAY THERE IS, UM, ONE PERSON HAND RAISED ONLINE.
I JUST WANTED TO ALERT YOU THAT YOUR VOLUME IS VERY LOW.
MY COMPUTER IS ALL THE WAY UP AND I CAN BARELY HEAR YOU.
I DON'T ACTUALLY HAVE A COMMENT TO THIS ITEM.
AND BY THE WAY, IF THE BOARD, WHEN, WHEN WE GO ONE BY ONE, IF ANYBODY ON THE BOARD WANTS FOR ANY REASON, TAKE THIS OFF THE CONSENT AGENDA TO TELL US AT THE TIME.
THE NEXT ITEM IS PB 25 DASH 7 81, 76 0 5 COLLINS AVENUE, THE SAME AS THE PRIOR ADDRESS.
THIS IS A ZONING DISTRICT CHANGE TO CHANGE THE ZONING FROM, UM, RS FOUR RESIDENTIAL SINGLE FAMILY TO GU GOVERNMENT USE.
IS THERE ANY PUBLIC COMMENT ON THIS APPLICATION? THERE'S NO ONE LINE WITH HER HAND RAISED CHAMBERS.
THE NEXT ONE IS PB 25 DASH 0 7 87.
GOOD STANDING REQUIREMENTS FOR ZONING AMENDMENTS.
THIS ORDINANCE APPLIES TO PRIVATE APPLICATIONS FOR CODE AMENDMENTS AND COMPREHENSIVE PLAN AMENDMENTS AND REQUIRES THAT PRIOR TO CONSIDERATION OF ANY SUCH AMENDMENTS OF THE PLANNING BOARD THAT THERE BE NO OPEN ZONING, CITY CODE BUILDING OR LIFE SAFETY VIOLATIONS OF THE SUBJECT PROPERTY.
UM, ALSO REQUIRES THERE SHOULD BE NO OUTSTANDING FEES, FINES, OR OPEN BILLS DUE TO THE CITY WHEN PRIOR TO THE, UM, ORDINANCE BEING REVIEWED BY THE PLANNING BOARD.
IS THERE ANY PUBLIC COMMENT ON THIS, UM, APPLICATION? OKAY.
THE NEXT ONE IS PB 25 DASH 0 7 88.
NOTICE REQUIREMENTS FOR RESCHEDULED LANDYS BOARD MEETINGS.
THIS ORDINANCE BASICALLY CODIFIES AND REQUIRES THAT WE PLACE ON THE COUNTY WEBSITE WHENEVER A MEETING HAS BEEN CANCELED.
UM, UM, PRIOR TO THE, UM, THE APPLICATIONS COMING BACK TO THE PLANNING BOARD, WE'VE ALREADY STARTED THIS PROCESS.
WHENEVER AN APPLICATION'S CONTINUED, WE AUTOMATICALLY PLACE IT ON THE COUNTY'S WEBSITE.
SO WE'RE ALREADY IMPLEMENTING THIS PROCESS.
IS THERE ANY COMMENT, PUBLIC COMMENT ON THIS APPLICATION? OKAY.
AND THE LAST, UM, CONSENT AGENDA ITEM IS PB 25 DASH 0 7 67 FOR 5 1 5 JEFFERSON AVENUE.
THIS IS AN APPLICATION REQUESTING CONDITIONAL RELEASE APPROVAL FOR AN EDUCATIONAL INSTITUTION IN THE CCPS TWO ZONING DISTRICT.
WHAT ABOUT THESE LAST TWO SEVEN? UH, 7 8 2 AND 7 8 3.
THOSE ARE NOT ON CONSENT AGENDA.
I THANK THERE'S SOMEONE TO SPEAK ON THE ITEM ALL.
THE OFFICE IS AT 200 SOUTH BISQUE BOULEVARD, MIAMI, FLORIDA.
I'M HERE ON THE CONSENT AGENDA ITEM NUMBER 20, JUST TO SAY THAT WE AGREE WITH MR.
[00:10:01]
BELU AND THE CONDITIONS OF THE STAFF AND HAVE NO FURTHER STATEMENT AND AGREE TO THE CONSENT AGENDA PLACEMENT.WE DO HAVE, UM, ONE PERSON IN LINE WITH THEIR HAND RAISED ON, ON THE LAST ONE.
I BELIEVE SO GERARD ON THE FIVE 15 JEFFERSON.
ARE YOU ABLE TO HEAR ME NOW? YES.
UM, UM, WE LIVE IN THE BUILDING.
IT'S, I IF YOU COULD INTRODUCE YOURSELF WITH YOUR ADDRESS AND THEN TELL US WHAT ITEM YOU'RE TALKING ON.
I'M THE BOARD PRESIDENT OF 6 2 6, UH, MERIDIAN AVENUE.
AND I, LAST I MET WITH THE CITY.
THEY WERE PUTTING A FIRE DEPARTMENT AND THEY WERE VERY LATE TO TELL US, UM, TO PLAN SWITCH.
JUST TRYING TO FIND OUT WHAT'S BEEN GOING ON WITH THE PROJECT.
JEFFERSON HAS THAT NOW BECOME, UH, EDUCATIONAL SPOT.
SO THIS, THE CURRENT APPLICATION IS FOR A SCHOOL AT THIS LOCATION.
THERE'S NO APPLICATION HERE OR, UM, ANYTHING, UM, IN PROCESS TO PUT A FIRE STATION AT THIS LOCATION.
MUST HAVE CHANGED WITHOUT ANY NOTICE? NO.
OH, THERE'S BEEN, THERE'S BEEN NO INDICATION HERE FOR A, A FIRE STATION AT THIS LOCATION.
OH YEAH, HE'S SAYING IT WASN'T A CHANGE.
THERE WAS NEVER A PLAN FOR AN APPLICATION FOR A FIRE STATION.
SO I'M CONFUSING THIS WITH THE LOT RIGHT NEXT DOOR.
I THOUGHT THAT WAS THE ADDRESS.
ANY OTHER PUBLIC COMMENT? ALRIGHT, SO, UM, CAN I ASK ABOUT THIS ONE? LIKE, SO IS DROP OFF PICKUP ALL WAS TAKEN CARE OF AND STAFF'S IN AGREEMENT WITH THAT? AND THEN ALSO THE NOISE ATTENUATION IN TERMS OF NEARBY NEIGHBORS, EVERYTHING'S CORRECT? YES.
IT'S ALSO JUST A EXPANSION OF A, IT'S A TEMPORARY LOCATION FOR WHILE THEY'RE EXPANDING THEIR SCHOOL.
SO AS MICHAEL SAID, WE'RE GONNA VOTE TO APPROVE ALL SEVEN OF 'EM.
ANYONE OPPOSED TO ALL THESE BEING SENT WITH A FAVORABLE RECOMMENDATION? OKAY.
ANYTHING ELSE THAT NEED TO BE DONE ON THOSE? JUST UM, TAKE A VOTE? YEAH.
ALL IN FAVOR? ALL IN FAVOR? AYE.
IF WE WANTED TO SUGGEST SOMETHING FOR CONSENT AGENDA, IS THAT SOMETHING WE WOULD SEND OVER TO YOU OR IS IT SOMETHING THAT YOU JUST WELL, WE BASE IT ON, UM, COMMENTS WE RECEIVED FROM THE PUBLIC OR THE TYPE OF APPLICATION.
UM, IF WE ANTICIPATE, UM, COMPLEXITIES WITH THE APPLICATION.
LIKE FOR EXAMPLE, TODAY THERE WERE SOME ITEMS THAT WE DID INITIALLY HAVE ON CONSENT.
WE TOOK OFF CONSENT BECAUSE OF, UM, PUBLIC COMMENT.
AND MR. CHAIRMAN IN THE, IT'S ONLY IF THE PUBLIC COMMENT IS ADVERSE.
IF IN THE EVENT THAT A BOARD MEMBER WANTED TO PULL AN APPLICATION FOR DISCUSSION, OR A MEMBER OF THE PUBLIC WANTED TO TESTIFY ON A PARTICULAR APPLICATION, UM, MY RECOMMENDATION WOULD BE WE HANDLE IT LIKE THE CITY COMMISSION DOES WHEN THEY'RE WITH THEIR CONSENT AGENDA, WHERE IF IT'S A POLLED ITEM, THEN IT'S, THEN IT'S HEARD.
UM, AFTER ANY ITEMS THAT ARE NOT POLLED AT THAT POINT, THE, THE BOARD COULD TAKE A VOTE TO APPROVE THEM AND THEN WE WOULD HEAR THE, THE POLLED, THE POLLED ITEMS. SO IF, YOU KNOW, I THINK, I THINK JUST PROCEDURALLY WOULD WORK BETTER IF ANYONE WANTED TO SPEAK OR PULL THE APPLICATION, THEN WE SEPARATE THAT ONE FROM, FROM CONSIDERATION.
BUT, BUT VOTE FIRST ON THE ONES THAT YOU ARE APPROVING ON CONSENT.
QUICK, QUICK QUESTION FOR, FOR THE CHAIR.
UM, AND I GUESS IT'S FOR THE PROCESS.
UM, A LOT OF TIMES APPLICATIONS COME UP AND WE'RE ALL IN FAVOR OF 'EM AND A LOT, WE'RE ALL IN FAVOR OF THESE, BUT SOMETIMES BOARD MEMBER MAY JUST HAVE A QUESTION TO CLARIFY SOMETHING.
UM, WHEN WOULD YOU SUGGEST WE SORT OF BRING THAT UP? FOR INSTANCE? I JUST THOUGHT THOUGHT FOR THE CONSENT ITEMS. FOR THE CONSENT ITEMS. WELL THAT'S WHY I WANTED TO GO ONE BY ONE SO THAT AS HE ANNOUNCES THEM, THAT'S WHEN I WOULD EITHER WANT YOU TO COMMENT BECAUSE I WAS JUST THINKING LIKE, UM, SOMETHING JUST CAME TO MIND.
I MEAN, I'M IN FAVOR OF EVERYTHING.
THE SCHOOL AT FIVE 15 JEFFERSON, THIS IS ON BECAUSE IT'S A SCHOOL AND ANY SCHOOL, UM, REGARDLESS OF WHERE IT'S LOCATED REQUIRES CONDITIONAL USE.
BUT AS YOU MAY RECALL, UM, THERE IS A PENANT ORDINANCE BEFORE THE CITY COMMISSION THAT WOULD ALLOW SCHOOLS TO BE APPROVED ADMINISTRATIVELY.
SO IF THAT ORDINANCE IS ULTIMATELY ADOPTED, THEN THIS SCHOOL WOULD NOT HAVE TO GO TO THE PLANNING BOARD FOR UM, A CP.
SO YEAH, IT'S QUESTIONS LIKE THAT.
I MEAN, OBVIOUSLY WE'RE ALL IN FAVOR OF THAT, BUT SOMETIMES THINGS LIKE THAT JUST FOR A CLARIFICATION FOR ONE OF THE BOARD MEMBERS.
[00:15:01]
HAVE ONE, WE'LL GO ONE BY ONE, WE'LL SEE IF THERE'S PUBLIC COMMENT.ANYONE WANTED TO TAKE IT OFF THE AGENDA OR OUR QUESTIONS? AND THEN WE'LL GO TO THE NEXT ONE.
SO, ALRIGHT, WE'RE ON TO NEW COMPREHENSIVE PLANNING
[13. PB25-0782. Distance Separation Exemption for Tobacco and Vape Uses in North Beach.]
CODE AMENDMENTS.THE FIRST ONE IS ITEM 13 ON THE AGENDA PLANNING BOARD FILE 25 0 7 8 2.
THE DISTANCE SEPARATION EXEMPTION FOR TOBACCO AND VAPE USES IN NORTH BEACH.
AND THIS STAFF REPORT BEGINS ON PAGE, UM, 93.
THIS ORDINANCE WAS REFERRED TO THE PLANNING BOARD BY THE CITY COMMISSION ON JULY 23RD OF THIS YEAR.
UM, THE ATTACHED ORDINANCE AMENDMENT CREATES A NARROW EXEMPTION FOR TOBACCO AND VAPE USE IN NORTH BEACH AS PART OF THE OPERATION OF A CONVENIENCE STORE.
SPECIFICALLY A TOBACCO VAPE DEALER OPERATING WITHIN A CONVENIENCE STORE WOULD BE EXEMPT FROM THE MINIMUM DISTANCE SEPARATION REQUIREMENT FROM ANOTHER TOBACCO VAPE USE IF THE FOLLOWING THRESHOLDS ARE MEANT.
THIS INCLUDES THE CONVENIENCE STORE MUST BE LOCATED IN A CD TWO ZONING DISTRICT FRONT IN COLLINS AVENUE BETWEEN 65TH AND 67TH STREETS.
NO MORE THAN 5% OF THE FLOOR AREA OF THE CONVENIENCE STORE SHALL CONTAIN TOBACCO VAPE OR SMOKING DEVICE PRODUCTS.
NOW, STAFF NOTED IN THE REPORT THAT THE CURRENT DEFINITIONS FOR TOBACCO AND VAPE ENTITIES WERE DRAFTED BROADLY TO APPLY TO ALL TYPES OF TOBACCO AND VAPE PRODUCTS.
UM, THE REASON FOR THIS WAS TO ENSURE THAT THESE PRODUCTS ARE ADEQUATELY CONTROLLED AND DO NOT BECOME EASILY ACCESSIBLE TO CHILDREN AND MINORS.
AND THIS REGARD IS IMPORTANT TO REEMPHASIZE THE FOLLOWING INTENT OF THE CURRENT TOBACCO AND VAPE PRODUCT REGULATIONS.
AND I'LL JUST READ THIS, IS THE INTENT OF THIS DIVISION TO LIMIT ACCESS AND EXPOSURE OF TOBACCO AND VAPING PRODUCTS TO CHILDREN AND ADOLESCENTS DUE TO THE ADDICTIVE NATURE AND DAMAGE EFFECTS ON HEALTH.
IT'S ALSO THE INTENT TO LIMIT THE PROLIFERATION OF TOBACCO VAPING AND SMOKING DEVICE PRODUCT DEALERS IN AREAS WHERE THE CITY ENCOURAGES TOURISM AND TO MINIMIZE THE NEGATIVE IMPLICATIONS THAT THESE TYPES OF BUSINESSES MAY PORTRAY TO THE CITY'S VISITORS SEEKING A UNIQUE VACATION DESTINATION.
AS INDICATED, A RAPPORT STAFF HAS MAJOR CONCERNS WITH THE PROPOSED AMENDMENT THAT DOES RELAX THE CURRENT DISTANCE SEPARATION REQUIREMENTS FOR TOBACCO AND VAPE USES.
AND WE BELIEVE THAT THIS COULD ENCOURAGE, UM, FUTURE REQUESTS FOR LIMITED EXCEPTIONS TO THIS REQUIREMENT.
AS SUCH, WE ARE RECOMMENDING THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH AN UNFAVORABLE RECOMMENDATION.
ANYBODY IN CHAMBERS ON THIS ITEM? ANYBODY ON ZOOM? THERE IS NO BAND ZOOM WITH THEIR HAND RAISED.
JONATHAN? I GUESS THE ONLY THING THAT I, I QUESTION HAS THE CITY EVER, UH, WORKED TO, BECAUSE WITHIN THOSE STORES THERE MAY, YOU KNOW, LIKE A CONVENIENCE STORE THAT HAS TOBACCO PRODUCTS, THEY MAY PUT UP, IT MAY NOT, THE PRODUCTS THEMSELVES MAY NOT COVER MORE THAN 5% OF THE AREA, BUT THEY MAY HAVE SIGNAGE THROUGHOUT THE STORE THAT, THAT PROMOTES, YOU KNOW, TOBACCO OR NICOTINE PRODUCTS.
AND SO I GUESS I'M, I'M WONDERING, UM, WE CAN'T, WE, WE CAN ONLY REGULATE THE SIGNAGE WITHIN THE FIRST 10 FEET OF THE STOREFRONT.
WE CAN'T REGULATE THE SIGNAGE WITHIN THE STORE.
AND THEN I GUESS THE OTHER QUESTION I HAVE IS IN TERMS OF TOBACCO AND, AND VAPING PRODUCTS, THERE'S OTHER PRODUCTS NOW THAT ARE NOT NECESSARILY TOBACCO, BUT THEY CONTAIN NICOTINE.
AND SO I'M WONDERING WHETHER IT WOULD BE MORE APPROPRIATE TO SUGGEST TO THE COMMISSION TO, TO BROADEN IT IF THEY WANNA BROADEN IT TO NICOTINE PRODUCTS.
ARE YOU TALKING ABOUT, UM, BROADENING WHAT'S CLASSIFIED AS A TOBACCO AND VAPE USE OR, 'CAUSE THIS, WHAT THIS ORDINANCE DOES IS, IS LESSEN THE RESTRICTIONS.
IT ALLOWS SOME, RIGHT, RIGHT NOW, FOR EXAMPLE, UM, WITHIN THIS AREA, NO, NO NEW, UM, BUSINESS COULD ADD TO TOBACCO, TOBACCO OR VAPE PRODUCTS TO THEIR BUSINESS.
THIS ORDINANCE WAS GIVE, GIVE THEM AN EXEMPTION AND ALLOW THEM TO ADD TOBACCO AND VAPE PRODUCTS AS PART OF THE CONVENIENCE STORE.
AND I'M TALKING ABOUT IN, BECAUSE IT'S LIMITING IT TO THAT AREA.
SO THEN EVERYWHERE OUTSIDE, I'M WONDERING IF THERE'S A LOOPHOLE, BUT I MEAN, IT'S NOT NECESSARILY IMPORTANT FOR THIS.
LIKE WE I'M FINE WITH THIS ONE, BUT I'M JUST SAYING IN THE FUTURE, SO.
MICHAEL, CAN YOU CLARIFY WHAT, UH, MOTIVATED THE COMMISSION TO BE LOOSENED? UM, ONE, ONE, UM, ONE BUSINESS WANTED TO ADD TOBACCO TOBACCO PRODUCTS TO THEIR OPERATION AND THEY COULDN'T BECAUSE THEY'RE WITHIN THE DISTANCE OF ANOTHER TOBACCO DEALER.
SO THIS, THE ONLY WAY THEY COULD DO THAT IS WITH THIS EXEMPTION.
SO THIS IS ONE BUSINESS, NOT, NOT SEVERAL, BUT SEVERAL.
WELL, UM, THERE MAYBE OTHER BUSINESSES THAT, THAT TAKE IT.
A ANY, IT COULD BE MULTIPLE BUSINESSES COULD TAKE ADVANTAGE OF THIS.
BUT I WAS MOTIVATED BY ONE BUSINESS MAKING A REQUEST.
SO, UM, MR. CHAIRMAN MASSEY? YEAH.
SO I SPOKE TO THE SPONSOR ABOUT THIS AND MY UNDERSTANDING IS THAT THE STORE, UH, SOLD TO A RES RELATIVE AND NOT, I GUESS THEY DIDN'T, THEY WEREN'T AWARE THAT THEY WERE, OR MAYBE THEY WERE, I DON'T KNOW THAT THEY WERE GIVING UP THEIR TOBACCO LICENSE OR THEIR ABILITY TO SELL BECAUSE THERE ARE RESTRICTIONS IN NORTH BEACH BECAUSE
[00:20:01]
THERE'S SO MANY, UH, DIFFERENT, UH, PLACES THERE ON EVERY BLOCK.UH, I MEAN YOU COULD BASICALLY GO DOWN AND IT'S, YOU KNOW, ALCOHOL, TOBACCO, SURF SHOP, ALCOHOL, TOBACCO, SURF SHOP.
AND, UM, MY UNDERSTANDING IS THAT THEY WANTED THE ABILITY TO HAVE THEIR TOBACCO LICENSE BACK.
WELL, YOU KNOW, I GUESS IF I'M OPENING A BUSINESS, I, OR I'M SELLING A BUSINESS, I HAVE TO UNDERSTAND WHAT THE RULES ARE WHEN I SELL THAT BUSINESS AND WHAT I'M GIVING UP AS A RESULT.
AND I DON'T THINK THAT JUST BECAUSE, JUST BECAUSE SOMEBODY WANTS SOMETHING BACK THAT THEY GAVE UP THAT YOU SHOULD JUST GET IT BACK.
UM, AND TO BE HONEST, UM, THERE WERE PROBLEMS BEFORE.
UH, AND WE HAVE BEEN TRYING FOR A VERY LONG TIME TO ELIMINATE THOSE PROBLEMS. AND I'M GONNA BE VOTING NO ON THAT.
YOU MEAN VOTING NO MEANING I'M, I'M, I'M NOT, I'M FAVORABLE.
I'M NOT IN SUPPORT AND I'M NOT IN SUPPORT.
I'M NOT IN SUPPORT OF, OF, OF AN UNFAVORABLE RECOMMENDATION.
I AM IN SUPPORT OF AN UNFAVORABLE RECOMMENDATION.
YEAH, BUT I'M NOT IN SUPPORT OF, OF MAKING A EXEMPTION FOR ONE PLACE, SO THAT'S JUST, OKAY.
SOMEONE WANNA MOVE IT, MOVE IT WITH AN UNFAVORABLE RECOMMENDATION.
[14. PB25-0783. Concurrency and Mobility Fee Installment Plan.]
PLANNING BOARD FILE 25 0 7 8 3 CONCURRENCY AND MOBILITY FEE INSTALLMENT PLAN.AND THIS REPORT BEGINS ON PAGE, UM, 1 0 5, THE BOARD PACKAGES THERE, THERE HAVE BEEN SOME MODIFICATIONS, UM, SINCE THIS REPORT WAS SENT OUT.
I'LL LET NICK PROVIDE UPDATES, BUT I'M JUST GONNA GO OVER SOME BRIEF INFORMATION ON THIS ORDINANCE.
SO THE CURRENT CODE REQUIRES THE PAYMENT OF CONCURRENCY MITIGATION FEES, MOBILITY FEES.
IT RELATES TO INCREASES IN DEVELOPMENT INTENSITY.
THESE FEES ARE ASSESSED TO OFFSET IMPACTS TO THE CITY'S INFRASTRUCTURE AND TRANSPORTATION SYSTEM, UM, TO MAKE SURE THAT ADEQUATE INFRASTRUCTURE'S AVAILABLE TO SUPPORT NEWER INTENSIFIED USES AND COMMERCIAL CORRIDORS WHERE YOU HAVE HIGHER VACANCY RATES.
THE IMMEDIATE PAYMENT FOR THE FULL AMOUNT OF THESE FEES, PARTICULARLY FOR SMALL BUSINESSES, UM, FOR CHANGES OF USE WITHOUT NEW CONSTRUCTION, MAY CREATE A FINANCIAL BURDEN.
THIS PROPOSED ORDINANCE SEEKS TO HELP MITIGATE THAT AND HAS DRAFTED THIS INCLUDED A INSTALLMENT PLAN OPTION TO PAY INSTALLMENTS OVER SIX MONTHS.
HOWEVER, UH, THE COMMISSION SPONSOR IS NOW, UM, REMOVED THIS AS PART OF THE REQUEST.
AND NOW THIS WILL INCLUDE ONLY A WAIVER FOR CERTAIN, UM, COMMERCIAL DISTRICTS INCLUDING 41ST STREET, LINCOLN ROAD, UM, WASHINGTON AVENUE AND, UM, 71ST STREET.
NICK, DO YOU HAVE AN UPDATE ON THIS? THE ONLY THING I WOULD ADD, MICHAEL IS CORRECT THAT THE, THAT THE, UM, AT THE REQUEST OF THE SPONSOR, THIS ORDINANCE WILL BE AMENDED TO, UH, TO, TO MAKE, UH, TO MAKE IT A, A COMPLETE WAIVER ALONG THE CORRIDORS THAT, THAT MICHAEL JUST LISTED.
THE ONLY OTHER, UM, CHANGE, UM, THAT I WOULD ADD IS THE SPONSOR IS PROPOSING A ONE YEAR SUNSET.
SO AFTER A ONE YEAR PERIOD FOLLOWING, UH, ENACTMENT, THESE, THIS, UH, INCENTIVE CALL, IT WOULD, WOULD EXPIRE.
THE REASON FOR THE SUNSET, JUST, SORRY, CAN YOU CLARIFY, NICK? YOU WOULD, UM, I I THINK THAT A SUNSET WOULD ALLOW THE CITY COMMISSION TO, AND THE ADMINISTRATION TO EVALUATE THE, THE SUCCESS OF THE PROGRAM AFTER A ONE YEAR PERIOD AND DECIDE WHETHER TO EXTEND IT.
UM, THIS IS ALL CHANGES, LIKE THESE ARE INTENDED TO, TO SPUR ECONOMIC ACTIVITY, UM, AND ENCOURAGE NEW BUSINESSES TO OPEN.
BUT IT IS, IT IS REQUIRING A CONSIDERABLE AMOUNT OF CHANGES WITH STAFF LEVEL THOUGH, TO BE MAKING THESE CHANGES.
WELL, WHAT IT WOULD DO EFFECTIVELY IS WAIVE, UM, APPLICABLE CONCURRENCY AND MOBILITY FEES ALONG THESE CORRIDORS.
WHAT MELISSA MIGHT BE TALKING ABOUT THOUGH, IS THAT IN, I THINK THE RECOMMENDATION, SO THAT PLANNING WOULD HAVE TO HIRE MAYBE ONE PEOPLE THAT WAS WITH THE INSTALLMENT PLAN.
WELL THAT'S ONLY WITH THE INSTALLMENT PLAN, WITH THE WAIVING OF THE FEES.
WAIT, WHAT REQUIRE OF THAT? OKAY.
ANYONE IN CHAMBERS SPEAK ON THIS ITEM? ANYONE IN ZOOM? NOBODY ON ZOOM WITH THEIR HAND RAISED.
DO YOU KNOW WHAT, WHAT WAS THE, I KNOW THEY MET, THESE ARE SORT OF OUR BIGGEST, UM, COMMERCIAL CORRIDORS, BUT WAS THERE ANY TALK ABOUT DOING THIS CITYWIDE OR ANY, IN ANY COMMERCIAL, UH, DISTRICT IN THE CITY? 'CAUSE IT'S, UM, AGAIN, I UNDERSTAND THESE ARE THE BIGGER AREAS, BUT THERE ARE A LOT OF PLACES NOT ON THESE ROADS, NOT IN THESE AREAS THAT A LOT OF BUSINESSES THAT COULD BENEFIT OR NEW BUSINESSES THAT MAY BE ABLE TO BENEFIT.
[00:25:02]
MY UNDERSTANDING WAS ONLY FOCUS ON THE, UM, THESE COMMERCIAL CORRIDORS.I'D LOVE TO SEE IT EXPANDED, I MEAN, TO EVERY COMMERCIAL CORRIDOR.
BUT I MEAN, IT'S, IT'S, IT'S A GOOD START.
UM, YEAH, BECAUSE, YOU KNOW, MOBILITY FEES, BUSINESSES ARE PAYING THOSE AND LIKE YOU SAY IN THE, IN THE REPORT, IT GOES TOWARD, UM, INFRASTRUCTURE AT ENSURING THAT THERE'S ADEQUATE, ADEQUATE INFRASTRUCTURE.
OBVIOUSLY THE CITY, THERE'S NO, WE CAN'T BUILD MORE ROADS, RIGHT? UM, SO TO MITIGATE THE, THE IMPACTS, I GUESS WE'RE PUTTING THE MONEY INTO THE TROLLEY AND OTHER THINGS.
UM, BUT I GUESS THERE'S ONLY SO FAR THAT CAN GO.
I, I WOULD JUST LIKE TO SEE IT EXPANDED.
I DON'T KNOW IF THE BOARD HAS THE, THE, UM, UM, CAN, DO YOU WANNA RECOMMEND THAT THE AREA BE EXPANDED TO THE ENTIRE CITY? YOU COULD, YEAH.
SO IF IT'S, YOU KNOW, THE CITY IS NOT, UM, IT'S NOT WORKING OUT FOR ANY REASON, YOU KNOW, AFTER A YEAR IT GOES AWAY OR THE, I SHOULD SAY THE FEES COME BACK.
WELL, THE, THE ONLY THING THAT I WOULD, I AGREE WITH YOU THAT IT SHOULD BE EXPANDED TO THE, TO THE WHOLE CITY.
AND THIS IS GENERALLY GREAT, BUT IF THE INCENTIVE IS TO TRY AND MOVE BUSINESSES INTO THESE CERTAIN AREAS, THIS MIGHT BE THE INCENTIVE THAT'S NEEDED TO GET THEM, YOU KNOW, TO POPULATE THESE SPECIFIC AREAS.
AND THEN IF THIS WORKS, YOU CAN KIND OF START TO FOCUS ON OTHER PLACES.
IT'S WHY I ASKED IF THERE WAS ANY DISCUSSION OR WHAT WAS THE REASONING BEHIND JUST THESE DISTRICTS.
I KNOW SPECIFICALLY THEY WERE TRYING TO DO THAT BECAUSE OF, YOU KNOW, THE HIGH VACANCY RATE.
UH, AND JUST THERE'S BEEN SO LITTLE INTEREST.
THEY'RE TRYING TO PROVIDE WHATEVER INCENTIVES THEY CAN.
UM, YEAH, SO I KNOW THAT'S FOR 40 QUESTION.
IT SEEMS LIKE IT'S, I MEAN, I'M JUST PUTTING THAT OUT THERE.
I, UM, I'M IN FAVOR OF THIS, BUT IF WE CAN, YOU KNOW, RECOMMEND AN EXPANSION, I'D BE MM-HMM.
WE CAN MAKE A SEPARATE RECOMMENDATION FOR EXPANSION.
BUT REMEMBER, JUST BEAR IN MIND THAT THESE ARE CONCURRENCY IS WHAT FUNDS IMPROVEMENTS TO INFRASTRUCTURE, MOBILITY FEES, FUND TRANSIT RELATED SERVICES AND IMPROVEMENTS.
SO I THINK, UM, I, WHAT I WOULD RECOMMEND TO YOU IS IF THERE ARE ADDITIONAL AREAS WHERE YOU WOULD LIKE TO INCENTIVIZE, UH, NEW BUSINESS DEVELOPMENT, UM, THAT YOU KNOW, THAT, THAT WOULD BE, THAT WOULD BE APPROPRIATE FOR THE BOARD TO RECOMMEND.
UM, I DON'T, I DON'T KNOW, MICHAEL, IF, IF THE BOARD COULD DO A WHOLESALE EXCLUSION OR WAIVER, WE SHOULD JUST, THAT WOULD REQUIRE I THINK, FURTHER STUDY.
WE DON'T HAVE THE INFORMATION RIGHT NOW.
BUT WHAT MAY, MAY, MAYBE THE RECOMMENDATION IS THAT THE COMMISSION EVALUATES MORE NEIGHBORHOODS TO BE INCLUDED INTO.
ALRIGHT, SO LET'S START WITH A MOTION TO SEND THIS FAVORABLY.
CAN I GET A MOTION ON THAT? I'D MAKE A MOTION TO SEND THIS FAVORABLY.
I'LL SECOND AGAIN, I'LL SECOND IT WITH THE, WITH THE, UM, RECOMMENDATION THAT IT DO THE RECOMMENDATION.
ALL IN FAVOR OF THAT? AYE DAN, YOU WANNA OPPOSE? NO.
DO YOU WANT US TO DO A SEPARATE MOTION OR YOU GOT THE RECOMMENDATION? I THINK WE CAN INCLUDE IT IN THE RECOMMENDATION.
[15. PB25-0786. 40th Street Overlay – LDR Amendments]
PLANNING BOARD FILE 25 0 7 86 40TH STREET OVERLAY.AND THIS STAFF REPORT BEGINS ON PAGE, UM, 111 OF THE BOARD PACKAGES.
AND THIS, UM, ORDINANCE CAME ABOUT OVER THE LAST, UM, COUPLE YEARS.
AND THIS WAS LAST REFERRED BY THE PLANNING BOARD TO BY THE CITY COMMISSION ON JULY 23RD.
THERE WAS A, UM, COMMUNITY WORKSHOP PUBLIC MEETING THAT TOOK PLACE ON NOVEMBER 19TH OF, OF LAST YEAR.
I'M JUST GONNA GIVE A A BRIEF SUMMARY OF THE AREA AND WHAT THE, UM, ORDINANCE, UH, AMENDMENT PROCESS IS.
SO ON PAGE 114 OF THE BOARD PACKAGES, WE PROVIDED A MAP THAT SHOWS THE, THE, UM, THE 40 STREET RELIGIOUS OVERLAY.
IT WAS ESTABLISHED IN 2010 AND APPLIES TO RELIGIOUS INSTITUTIONS IN THE RESIDENTIAL SINGLE FAMILY DISTRICT THAT IS LOCATED ON THE SOUTH SIDE OF 40TH STREET BETWEEN CHASE AVENUE TO THE WEST AND PINE TREE DRIVE TO THE EAST.
THE OVERLAY ALLOWS PEDESTRIAN FRIENDLY RELIGIOUS INSTITUTIONAL USES THROUGH THE CONDITIONAL USE, UM, PERMIT PROCESS.
THE, THE PROPOSED ORDINANCE DOES THE FOLLOWING THAT ALLOWS THE INTRODUCTION OF DORMITORY AND STANDALONE SCHOOLS AND ALLOWABLE USE.
THE TOTAL NUMBER OF DORMITORIES WOULD NOT EXCEED FOUR DORMITORY UNITS PER PLOTTED LOT, AND EACH DORMITORY UNIT WOULD'VE A LIMIT OF UP TO FOUR BEDS.
IT DOES REQUIRE DESIGN REVIEW BOARD APPROVAL PER SITES CONTAINING TWO OR MORE PLOTTED LOTS.
THE MAXIMUM UNIT SIZE HAS BEEN INCREASED FROM 50% TO 100%.
NOW REMEMBER, THIS IS, UM, ZONE SINGLE FAMILY.
SO THE REGULATIONS I MENTIONED HERE ARE ALL RELATED TO THE SINGLE FAMILY, THE SINGLE FAMILY ZONING DISTRICT.
SO AGAIN, IT ALLOWS THE MAXIMUM UNIT SIZE TO GO FROM 50% TO 100%.
THE MAXIMUM LOCK COVERAGE HAS BEEN INCREASED FROM 30% TO 50% COVERAGE.
STAIRS AND WALKWAYS WOULD BE EXEMPT FROM UNIT SIZE AND LOCK COVERAGE CALCULATIONS.
THE MINIMUM FRONT SETBACK WOULD BE REDUCED FROM 30 FEET TO 20 FEET.
THE MINIMUM STREET SITE SETBACK WILL BE REDUCED FROM 10 FEET TO
[00:30:01]
FIVE FEET.THE MAXIMUM NUMBER OF STORIES HAS BEEN INCREASED FROM TWO STORIES TO THREE STORIES.
THE MAXIMUM BUILDING HEIGHT HAS INCREASED FOR FLAT ROOF STRUCTURES FROM 24 FEET TO 36 FEET.
AND FOR SLOPE ROOF STRUCTURES FROM 27 FEET TO 39 FEET.
UM, THE OPEN SPACE AND EXTENDED SETBACK REQUIREMENTS FOR HOMES EXCEEDING TWO STORIES WOULD NOT APPLY TO THE OVERLAY DISTRICT LIMITATION OF TWO CONTIGUOUS LOTS, UM, IN TERMS OF AGGREGATIONS EXPANDED TO UP TO THREE CONTIGUOUS LOTS WITHIN THE OVERLAY.
NOW THIS WOULD NOT ALLOW ROOFTOP ACCESS, UM, PRODUCES ON THE ROOF.
NOW WE ORDER TO REPORT THE SUBJECT OVERLAY IS A TRANSITIONAL AREA FROM THE MORE INTENSE COMMERCIAL PROPERTIES TO THE NORTH OF 40TH STREET AND ESTABLISHED SINGLE FAMILY HOMES IMMEDIATELY TO THE SOUTH OF THE OVERLAY BOUNDARIES.
NOW, SIMILAR TRANSITION AREAS ALSO EXIST OTHER, IN OTHER PARTS OF THE CITY IN RESIDENTIAL OFFICE OR LOW INTENSITY RM ONE ZONING DISTRICTS AS AN INTERFACE BETWEEN SINGLE FAMILY DISTRICTS AND MORE INTENSE COMMERCIAL DISTRICTS.
IN THIS REGARD, THE INCREASED THE HEIGHT INTENSITY PROPOSED IN THESE AMENDMENTS IS NOT VERY INCONSISTENT WITH THE REGULATIONS OF THE RM ONE RESIDENTIAL MULTI-FAMILY ZONING DISTRICT.
ADDITIONALLY, BOTH DRB AND PLANNING BOARD APPROVAL WILL BE REQUIRED FOR NEW DEVELOPMENTS.
WE'RE RECOMMENDING THAT THE PLANNING BOARD TRANSMIT THIS TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.
ANYONE IN CHAMBERS BEGUN THIS? ANYONE IN ZOOM YOU HAVE, UH, ONE PERSON WITH THEIR HAND RAISED.
DAVE, GO AHEAD SIR, CAN YOU HEAR ME? YES.
PLEASE STATE YOUR FULL NAME FOR THE RECORD.
UM, I LIVE ON 3 7 7, UH, ROYAL PALM AVENUE.
UM, RIGHT NEXT TO THE RELIGIOUS OVERLAY.
WE'VE BEEN AT THE 40TH STREET, 40TH STREET, OR WE'RE NEXT TO THE 40TH STREET OVERLAY FOR OVER 10 YEARS.
UM, AND I KNOW THIS OVERLAY HAS, HAS BEEN THERE, THERE'S BEEN RELIGIOUS INSTITUTIONS ALONG IT.
UH, MYSELF AND MY NEIGHBORS ARE VERY CONCERNED AS I THINK ANYONE WOULD BE IF THEY HEARD THERE WAS A 36, UH, OR THREE TO FOUR STORY BUILDING BEING BUILT, EXPANDING THE LOT LINES RIGHT NEXT TO OUR HOMES.
UM, THIS IS SOMETHING THAT, UM, YOU KNOW, WE HAVE HEARD ABOUT FOR THE LAST YEAR AND WE WERE, WE HAVE BEEN CONCERNED THAT NOW THERE'S GONNA BE THESE VERY LARGE BUILDINGS WITH, UH, COMING IN, UH, WHERE THERE WERE THREE SINGLE FAMILY HOMES.
THERE'S NOW GONNA BE ONE, UH, VERY LARGE BUILDING.
IT LOOKS LIKE IT'S GONNA BE A NICE BUILDING, BUT, UH, I DON'T KNOW HOW THE CITY CAN APPROVE IN AN AREA THAT'S BEEN RESIDENTIAL FOR A HUNDRED YEARS TO PUT IN, UH, TO JUST GET RID OF LOT LINES TO GO RIGHT UP TO PEOPLE'S HOUSES, UM, UH, WITHOUT SOME KIND OF REGULATION.
I UNDERSTAND IF THEY WANNA REDO IT, IT SOUNDS LIKE IT'S GONNA BE NICE, BUT WE NEED TO RESPECT, UM, YOU KNOW, THE RESIDENTIAL RULES AND THE RESIDENTS THAT ARE ALONG THIS.
UM, I, I, I JUST DON'T SEE HOW THIS COULD BE DONE.
I DON'T THINK ANYONE ON THE BOARD WOULD WANT A FOUR STORY BUILDING BUILT UP AGAINST THEIR LOT LINE.
UH, THOSE OF YOU WHO ARE RESIDENTS OF MIAMI BEACH OR WHEREVER YOU HAVE YOUR HOMES, UNLESS YOU'RE IN A CONDO, UM, IT'S JUST NOT WHY YOU BUY A HOUSE IN MIAMI BEACH.
UM, AND I UNDERSTAND PROGRESS, UH, AND AS YOU SAID, THERE'S, YOU KNOW, THIS, THE OTHER PART ABOUT THIS IS IT SAYS THERE'S DORMITORIES.
UM, I APPRECIATE THE CLARIFICATION.
THERE'S ONLY GONNA BE FOUR DORMITORIES PER, PER AREA, BUT, UM, FOR THIS LARGE OF A BUILDING, I CAN IMAGINE THERE'S GONNA BE A LOT OF, UH, PEOPLE STAYING THERE.
WE HAVE ALREADY HAVE A TRAFFIC AND PARKING PROBLEM IN THIS AREA.
WE'VE HAD PILOT PROGRAMS THAT WE'VE APPRECIATED EFFORTS TO TRY AND REDUCE THE TRAFFIC.
UM, ANOTHER ISSUE IS WHEN, YOU KNOW, WHERE ARE THE PEOPLE STAYING IN THIS LARGE BUILDING IN A PARK AND, AND HOW WILL THIS AFFECT OUR TRAFFIC? SO, UM, YOU KNOW, I'M JUST WANTED SOME CLARIFICATION FROM THE PLANNING COMMITTEE, YOU KNOW, WHY WE, WHY WE'RE LETTING GO OF ALL THESE, YOU KNOW, RESIDENTIAL REGULATIONS AND, AND WHAT ACCOMMODATIONS ARE GONNA BE MADE FOR THE RESIDENTS.
WE HAVE ANOTHER CALLER LINE, UH, SHLOMO SILVERMAN.
OH, YOU WANT TO, DO YOU WANNA ADDRESS ANY OF HIS QUESTIONS OR COMMENTS? I MEAN, LET, LET'S HEAR PUBLIC COMMENT FIRST.
I JUST WANTED TO KNOW IF HE COULD REPEAT HIMSELF BECAUSE I JUST GOT ON WHO THIS LAST SPEAKER? YES, PLEASE.
OH, UH, YOU COULD JOIN VIA OUR YOUTUBE, OUR YOUTUBE PAGE, THE CITY OF MIAMI BEACH.
AND YOU COULD ACTUALLY REWIND THE MEETING.
OH, I, I CAME ON TODAY IN SUPPORT OF THIS PROJECT.
[00:35:01]
STILLMAN.UH, CAN YOU HEAR ME THIS TIME? YES, YES, GO AHEAD.
UM, I'M HERE IN SUPPORT OF THE PROJECT.
UH, DR. DAVID SACK IS A WONDERFUL PERSON.
UM, I, I BELIEVE THAT WE, WE DID GO AROUND TO ALL THE NEIGHBORS AND WE HAVE, UH, UH, 13 OF THE NEIGHBORS, IMMEDIATE NEIGHBORS ON ROYAL PALM AND, AND PRAIRIE, UH, WHO ALL SIGNED A PETITION IN FAVOR OF, OF THIS.
AND I THINK IT'S JUST A QUESTION OF, UH, TAKING THE TIME TO SIT DOWN AND REALLY UNDERSTANDING THE PROJECT AND BELIEVE THAT ONCE PEOPLE SIT AND UNDERSTAND THE PROJECT, THEY WOULD BE IN FAVOR.
AND, AND I WOULD BE HAPPY TO SIT A A LITTLE BIT MORE WITH, UH, DR.
SACK AND, AND EXPLAIN IN THE DETAILS, BUT TO ADDRESS HIS, HIS OVERALL CONCERNS.
UM, LOOK, I, I LIVE IN THE NEIGHBORHOOD ALSO AND THEN I'M AWARE OF THE TRAFFIC, BUT U UDI DOES NOT ACTUALLY CONTRIBUTE AT ALL THE TRAFFIC BECAUSE WE'RE, UH, AN ORGANIZATION THAT OPERATES NIGHTS AND WEEKENDS WHEN THERE IS NO TRAFFIC.
AND SO WE, WE'VE, UH, WE'VE NEVER CONTRIBUTED TO THE TRAFFIC AND, AND WE, WE WILL, UH, WE HAVE NO ISSUES WITH THE PARKING BECAUSE OUR, THE PEOPLE COME TO U WHO D GO ACROSS THE STREET, WE HAVE, UH, PLENTY OF PARKING LOTS.
SO IT DOESN'T CONTRIBUTE AT ALL TO THE, THE TRAFFIC OR TO THE PARKING AND THE, THE CONCERNS OF HAVING A, UH, A, A, A LARGE BUILDING, UH, THREE OR FOUR STORIES, UH, WHEN YOU SEE THE, THE ACTUAL RENDERS, IT'S, IT'S NOTHING LIKE THAT.
IT'S, IT'S, UH, IT'S TWO STORIES AND IN SOME AREAS GOES UP TO, TO THREE STORIES AND WE'RE, IT'S VERY MUCH IN LINE WITH WHAT YOU WOULD SEE IN OTHER, UH, TRANSITION TYPE OF, UH, AREAS IN THROUGHOUT THE MIAMI BEACH.
WE HAVE, UH, DAVE AGAIN, DAVES, HE'S THE, HE ALREADY SPOKE, RIGHT? YEAH.
IF YOU NEEDED ME TO, I DON'T NEED TO REPEAT MYSELF.
IF YOU CAN REWIND IT AND I CAN TALK TO DOC, UH, RABBI TILLMAN OFFLINE.
SO I JUST WANNA NOTE THAT, UM, THE REASON WHY THIS IS BEFORE YOU TODAY IS THAT UNDER THE CURRENT RELIGIOUS OVERLAY DISTRICT, THOSE, UM, REQUIREMENTS ARE THAT ANY NEW CONSTRUCTION HAS TO COMPLY WITH THE SINGLE FAMILY REGULATIONS.
THIS ORDINANCE IS BEFORE YOU BECAUSE IT'S PROPOSING TO CHANGE THOSE REGULATIONS TO ALLOW EXPANDED VOLUME, EXPANDED FOOTPRINT FOR THIS, UM, YOU KNOW, PROPOSED, UH, RELIGIOUS USE.
SO THAT'S THE REASON WHY IT'S BEFORE YOU TODAY.
OTHERWISE THIS WOULD NOT BE ALLOWED AS OF RIGHT.
THE, AS YOU KNOW, THE BOARD, UM, REVIEWS, CODE AMENDMENTS ALL THE TIME.
THIS IS JUST LIKE ANY OTHER CODE AMENDMENT FOR HIS ZONING DISTRICT OR A SPECIFIC AREA TO ALLOW EXPANDED, YOU KNOW, FOOTPRINT AND ON VOLUME MEASURE.
ARE, ARE THEY PLANNING ON JOINING ALL THE LOTS TOGETHER? WELL, I THINK THE PROPOSAL IS TO JOIN TWO LOTS FRONTING ON 40TH STREET TO MAKE, UM, UM, ONE, I GUESS MY, MY ISSUE IS THAT LIKE, I SEE THIS, I'VE READ THE MATERIALS, IT'S AN OVERLAY.
I UNDERSTAND HOW THAT WORKS, BUT I HAVEN'T REALLY SEEN OR UNDER, I DON'T HAVE AN UNDERSTANDING OF WHAT IS BEING PROPOSED.
I, THEY'RE ALL TALKING ABOUT, YOU KNOW, UH, THE RENDERINGS AND STUFF.
UH, I DON'T KNOW IF THAT WAS IN OUR PACKAGE.
AND SO I JUST GIVEN THE CONCERN OF THE NEIGHBOR, WHICH, YOU KNOW, AND, YOU KNOW, I ALWAYS, I'M ALWAYS IN FAVOR OF, YOU KNOW, ALLOWING MORE TIME FOR THEM TO TALK TO THE, TO DR.
SACK OR, OR ANY NEIGHBOR IF, IF THERE'S CONCERNS.
BUT, YOU KNOW, ONE OF THE CONCERNS WE ALSO HAVE TO CONSIDER, LIKE, YOU KNOW, YES, THIS IS A, A AN INSTITUTION I'VE HEARD TODAY THAT THEY DON'T, YOU KNOW, THEY'RE GONNA BE MOSTLY WEEKENDS AND THEY'RE GONNA, YOU KNOW, THEY DON'T, THEY'RE NOT GONNA BE USING CARS AND EVERYTHING, BUT THIS PROPERTY MAY CHANGE HANDS, YOU KNOW, LATER DOWN THE ROAD AND IT MIGHT HAVE A DIFFERENT USE.
AND SO THESE ARE THINGS AS A PLANNING BOARD, I THINK WE HAVE TO CONSIDER IS THE FUTURE OF THE AREA, FUTURE OWNERS, FUTURE OPERATORS AND, AND THE IMPACT TO THE AREA.
AND SO I HAVEN'T SEEN ANYTHING ABOUT, YOU KNOW, WHAT'S PROPOSED.
I HAVEN'T SEEN ANYTHING ABOUT, YOU KNOW, I'D LOVE TO MEET WITH THE PEOPLE WHO ARE DOING THIS AND, AND TO UNDERSTAND, YOU KNOW, WHAT THE PLANS ARE.
BUT I GUESS FOR RIGHT NOW I HAVE RESERVATIONS GIVEN THE CONCERN BY A NEIGHBOR AS WELL AS THE, THE, WHAT I'M, WHAT I UNDERSTAND IS GONNA BE BIG STRUCTURE IS GOING IN THIS NEIGHBORHOOD WELL AS WELL.
JUST TO BE, TO BE CLEAR, UM, THAT PROJECT WOULD COME BACK TO THE PLANNING BOARD.
SO THE PLANNING BOARD WOULD BE REVIEWING THAT OVERALL PROJECT AS PART OF A CONDITIONAL USE PERMIT.
THIS IS SOMETHING THAT WOULDN'T BE DONE AS OF W RIGHT? BOTH THE D NAME ALSO DRB.
IT WOULD ALSO REQUIRE BOARD AND PLANNING BOARD.
SO ISSUES OF OPERATIONS USE, UM, OCCUPANCY TRAFFIC, UM, CIRCULATION, ALL BE REVIEWED BY THE PLANNING BOARD.
WHEN THAT DOES COME AS PART OF A A CP APPLICATION, I GUESS WHAT, WHAT I COULD SPEAK TO IS,
[00:40:01]
SO THE SYNAGOGUE THAT I GO TO IS, IS DOWN THE BLOCK.AND, YOU KNOW, YI HAS BEEN A GREAT KIND OF PLAYER IN, IN THE AREA IN THE SENSE THAT MOST OF THEIR OPERATIONS, UNDERSTANDABLY SO ARE FRIDAY NIGHT THROUGH SATURDAY NIGHT.
UM, YOU KNOW, I KNOW THAT LIKE A FRIEND OF MINE MET HIS, UH, WIFE KIND OF GOING TO YEHUDI AND NOW THEY'RE STAYING IN THE COMMUNITY.
SO IT'S BEEN A GREAT KIND OF ATTRACT, YOU KNOW, I, I'D BE IN FAVOR JUST 'CAUSE I'VE SEEN WHAT THEY'VE DONE.
UH, AND I THINK THAT WHATEVER HAS TO BE APPROVED THROUGH THE PLANNING BOARD, THROUGH THE DRB CAN HAVE, YOU KNOW, USES VERY RESTRICTED, BUT ALSO SPECIFIC, RIGHT? THAT IF IT CHANGES HANDS, IF SOMETHING HAPPENS TO THE PROPERTY, BEING SURE THAT THIS USE CAN'T BE KIND OF JUST CARRIED ON, UM, TO ANY TYPE OF, YOU KNOW, SUBSEQUENT OWNERSHIP.
UM, BUT YEAH, I MEAN, I THINK GENERALLY FROM WHAT THEY'VE DONE AND HOPEFULLY WHAT THEY WILL DO, THEY'VE BEEN AN ASSET TO THE COMMUNITY.
THERE'S A BIG CITY PARKING LOT THAT'S LITERALLY RIGHT ACROSS THE STREET THAT AT NIGHT IS MORE OFTEN THAN NOT EMPTY.
UM, ESPECIALLY ON THE WEEKENDS.
SO FOR, FOR THAT REASON, I'D BE IN, IN SUPPORT.
WE DO HAVE, UM, MORE PUBLIC COMMENT IF YOU'D LIKE TO HEAR FROM THE NEW CALLERS.
THE NEXT CALLER IS, UH, SARAH DUO.
I JUST WANTED TO CALL AND SAY MY SUPPORT.
I DON'T REALLY HAVE THREE MINUTES TO SAY.
I JUST WANTED TO SHOW MY SUPPORT FOR YOU, UDI.
I THINK IT'S REALLY IMPORTANT FOR THE COMMUNITY AND I JUST WANTED TO BE HERE AS A COMMUNITY MEMBER.
OUR NEXT CALLER IS, UH, ZOOM USER.
PLEASE STATE YOUR NAME FOR THE RECORD, MAKE SURE YOU'RE OFF YOUR MUTE BUTTON.
MY NAME IS, UH, MAYOR KUSHNER.
I LIVE ON, UH, ROYAL PALM AND 45TH STREET.
UM, AND I'M FREQUENT IN THE NEIGHBORHOOD AROUND YEHUDI, AND I DO, UH, I DO SEE A LOT OF WHAT THEY DO.
AMAZING, AMAZING, UH, WORK IN THE COMMUNITY.
AND, UM, BUT AGAIN, UH, I'VE NEVER, NEVER REALIZED AN INCREASE IN TRAFFIC BECAUSE OF EVENTS THAT ARE GOING ON.
IT'S MOSTLY WEEKENDS AND, UH, NIGHTS WHEN I'M ALREADY LIKE NOT, UH, YOU KNOW, NOT HOME.
AND, UH, WHEN, WHEN I'M READY, LIKE, UH, HOME AND, UH, AND, UM, JUST AMAZING PEOPLE AND AMAZING, YOU KNOW, JUST NICE PEOPLE.
THERE'S NOTHING, THERE'S NO EXTRA NOISE, THERE'S NO, UH, YOU KNOW, THERE'S NO, UH, THERE'S JUST, IT DOESN'T, I DON'T, I DON'T SEE REAL BOTHER, YOU KNOW, BESIDES IF UNLESS YOU'RE ON THE PROPERTY, YOU, YOU DON'T REALLY SEE WHAT'S GOING ON IN THERE.
UM, SO I'M IN SUPPORT OF, UH, WHAT THEY WANT TO DO.
OUR NEXT CALLER IS SHIVA GOLDWASSER.
INTRODUCE YOURSELF AND THEN MAKE YOUR COMMENTS.
I JUST WANTED TO SHOW MY SUPPORT.
I LIVE ON 42ND STREET AND I JUST THINK UDI IS NOTHING BUT AN ASSET TO THE COMMUNITY.
AND I WAS RAISED HERE MY WHOLE LIFE.
I REMEMBER WHEN THE RITZ PROJECT STARTED AND EVERYONE WAS PANICKING.
TRAFFIC, MORE PEOPLE IN THE NEIGHBORHOOD, AND THEY'VE BEEN NOTHING BUT AN ASSET.
IT ONLY ADDS TO HAVE A BIG, BEAUTIFUL BUILDING AND NICE PEOPLE.
OUR NEXT CALLER IS ESTHER SIEGEL.
THANK, THANK YOU FOR, UM, ALLOWING ME TO SPEAK.
UM, I'M JUST WANTED TO SHOW MY SUPPORT IN FAVOR.
UM, AS SOMEBODY WHO ACTUALLY GREW UP ON LIKE, AND LIVED ON 41ST STREET OVER THE LAST 30 YEARS, UM, I HAVE FRIENDS THAT HAVE BEEN A PART OF UDI AND HAVE IT, IT'S IMPACTED THEIR LIFE AND IT'S ALSO BROUGHT THEM TO MIAMI BEACH TO SETTLE WITHIN OUR COMMUNITIES IN MIAMI BEACH AND RAISE THEIR KIDS HERE.
TO ME, I FEEL LIKE IT'S JUST BEEN SUCH AN ENHANCEMENT AND SUCH A POSITIVE BENEFIT OF HAVING UUD IN LIKE THE HEART OF MIAMI BEACH.
UM, SO YEAH, I, I AM DEFINITELY, UH, IN SUPPORT OF IT AND, UM, YEAH.
I WAS BORN AND RAISED IN MIAMI BEACH, AND I JUST WANTED TO CALL IN AND SHOW MY SUPPORT FOR THIS PROJECT AS WELL.
AND THAT CONCLUDES OUR ZOOM CALLERS.
AND JUST, UH, DAVE AND EVERYBODY ELSE JUST UNDERSTAND THAT WE ARE MAKING A RECOMMENDATION.
[00:45:01]
BEFORE THE COMMISSION AND IF YOU WANT TO SPEAK THERE AND THAT, THAT OBVIOUSLY YOU WANT TO ATTEND THAT MEETING.SORRY, MR. CHAIRMAN, WE HAVE TWO MORE CALLERS NOW.
WELL ALL RIGHT, THEN WE'RE GONNA CUT IT OFF.
YEAH, I JUST ALSO WANTED TO CALL IN AND SHOW MY SUPPORT FOR YOU WHOI AND ALL THE AMAZING THINGS THEY DO FOR THE COMMUNITY HERE IN MIAMI BEACH.
OUR NEXT CALLER, UH, JACOB KAHN.
JUST WANTED TO SHOW MY SUPPORT.
THE ACUITY IS AN INCREDIBLE ORGANIZATION, HAS DONE TREMENDOUS WORK FOR THE MIAMI VH COMMUNITY.
IT DRAWS PEOPLE TO MOVE TO THE COMMUNITY, TO MARRYING THE COMMUNITY, HELPS THE YOUTH OF THE COMMUNITY, THE YOUNG PROFESSIONALS, UH, PICK SUPPORT.
WE'RE GONNA CLOSE THE PUBLIC HEARING.
WELL, IS THERE SOMEBODY ELSE ON THE NO, THAT'S IT.
WE'RE GONNA CLOSE THE HEARING.
SOMEONE WANNA MOVE IT? I HAVE, HAVE QUESTIONS.
NO, SCOTT, JUST TWO QUICK QUESTIONS.
YOU HAD THE, UM, UM, THE, UH, UH, PUBLIC OUTREACH MEETING.
UM, HOW DID THAT GO? I MEAN, WHAT WAS THE FEEL OF THE, THE NEIGHBORS? I DON'T INFORM, HEARD FROM A LOT OF 'EM NOW I DON'T HAVE ANY, I DON'T HAVE INFORMATION ON THAT.
UM, ONE, IT SOUNDS LIKE THE NEIGHBORS ARE YEAH, PRETTY FAVORABLE.
BUT I HAD A COUPLE OF QUESTIONS.
UM, YOU KNOW, TO ADDRESS ONE OF THE CONCERNS THAT THE FIRST CALLER HAD, UM, IN TERMS OF MASSING, UM, I KNOW A LOT OF TIMES WE, WE DO A, YOU KNOW, WHEN WE HAVE AN OVERLAY, I MEAN THIS IS A, YOU KNOW, LIKE A BIGGER AREA, WE KIND OF STEP DOWN SOME OF THE MASSING.
UM, WHEN IT'S NEAR, IT'S DIFFICULT TO DO THIS BECAUSE WE HAVE SUCH NARROW LOT, IT'S SUCH SMALL, BUT I MEAN, YOU HAVE, YOU, IF YOU HAVE LIKE THE SIX FEET OVERLAY, YOU HAVE LIKE A WHOLE BLOCK WHERE YOU CAN, AND THAT'S, I WAS LOOKING AT THE, YOU, YOU, YOU DECREASED THE MINIMUM, UM, UH, FRONT SETBACK FROM, UH, TO 20 FEET FROM 30, BE IN FAVOR OF MAYBE EVEN MORE.
AND THEN, YOU KNOW, REQUIRING MORE OF THE MASSING TO BE PUSHED MORE TOWARD 40TH STREET AWAY FROM THE RESIDENTIAL, THE THE SINGLE FAMILY HOMES.
YOU KNOW, WE JUST SEE THAT IN THE CITY, YOU KNOW, WITH A LOT OF THESE NEW, NEW HOMES BEING BUILT WHERE THERE'S, YOU KNOW, FIVE FEET FROM THE PROPERTY LINE AND FIVE FOOT WALL.
WELL, THAT'S, THAT'S, SO ESSENTIALLY TO FOLLOW UP ON SCOTT, COULD THE MINIMUM FRONT SETBACK BE TAKEN TO, LET'S SAY 10 FEET TO AS LONG AS SET THE MASSING IS YEAH, MAYBE A BIGGER REAR SETBACK OR MORE THE MASSING IS PUSHED TOWARDS 40TH STREET.
BASICALLY THE REAR SETBACK WOULD GO AWAY BECAUSE THE REAR SETBACK WOULD BE THE, UM, THE PROPERTY LINE GOING NORTH SOUTH.
SO WHEN YOU JOIN THE TWO LOTS, THERE'S NO REAR SETBACK.
THERE'S JUST GONNA BE THE FRONT AND THE SIDE SETBACKS AND THE FIVE FOOT SETBACK THAT'S PROPOSED FOR THE SET, FOR THE INTERIOR SIDE YARDS.
THAT'S CONSISTENT WITH, YOU KNOW, MOST OLDER HOMES WERE CONSTRUCTED WITH A, WITH A FIVE FOOT SETBACK.
SO IT'S NOT LIKE OUT OF THE ORDINARY'S CONSISTENT.
BUT IF THE BOARD WANTED TO RECOMMEND, YOU KNOW, UM, REDUCING THE FRONT SETBACK FURTHER AS PART OF ANY TRANSMITTAL, THEY COULD DO THAT.
I MEAN, AS LONG AS WE COULD SOMEHOW, AGAIN, THE IDEA IS JUST TO SIDE PUSH SOME OF THAT MASS TOWARD 40TH STREET.
HOW, HOWEVER YOU THINK THAT CAN BE DONE.
I THINK IT'S ALSO A CAREFUL BALANCE OF NOT HAVING SOMETHING THEN PROJECT TOO FAR FORWARD OF ALL THE OTHER HOMES ALONG THE BLOCK.
I THINK THAT'S WHY WE RECOMMENDED THE 25TH SET BACK.
WELL, I MEAN, YEAH, BUT I MEAN, IT'S ON PUSHING MORE TOWARD 40TH STREET.
YOU'RE PROJECTING INTO, YOU KNOW, A LOT OF EMPTY OR, OR PARKING LOTS OR THE BACK.
IT'S COMMERCIAL, SOME COMMERCIAL SPACES.
SO I, I'D RATHER SEE MORE OF IT THERE THAN MORE OF THE MASSING THERE THAN AGAINST THE, THE SINGLE FAMILY HOME.
THE FRONT, THE FRONT SETBACK WOULD BE THOUGH ALONG.
SO, UM, 40TH STREET WOULD ALWAYS BE A SIDE FACING THE STREET, A SIDE SETBACK.
IT WOULD NEVER BE A FRONT SETBACK IF THE FRONT SIDE BACK WOULD ALWAYS BE ON THE, ON THE NORTH SOUTH AVENUES ISSUE.
SO THAT'S WHY I THINK TO YOUR POINT THOUGH, IT'S NOT A ONE SIZE FITS ALL THING.
FOR, FOR THESE NEIGHBORS, FOR THE, FOR THE NEIGHBORS THAT, YOU KNOW, YOU CAN'T JUST SAY FRONT SETBACK OR SIDE SETBACK BECAUSE EACH OF THESE LOTS HAVE DIFFERENT FRONTS AND, AND SIDES.
CAN'T WE JUST LEAVE THE SETBACKS AS THEY ARE NOW, IF I WERE, AS THE FIRST GENTLEMAN SPOKE ABOUT AND AS, AND, AND, AND, AND HONESTLY, I, I DON'T KNOW ANYTHING ABOUT THIS.
I, I KNOW THAT THERE WAS A, SOME, UH, I THINK THERE WAS A MEETING MAYBE SIX OR SEVEN MONTHS AGO.
WHY DON'T WE HAVE ANY RENDERINGS OR ANY DOCUMENTS OR ANYTHING TO LOOK AT? I, I, I HAD WRITTEN TO THE CITY AND, AND I DIDN'T GET ANY RESPONSE, BUT MY QUESTIONS WERE THE SAME PRETTY MUCH AS, AS YOU ALL, UM, I HAD ONLY JUST GOTTEN THESE DOCUMENTS ON FRIDAY, BUT I DON'T KNOW, I, I'M, I'M CONCERNED ABOUT THE FUTURE RAMIFICATIONS OF THE NEIGHBORHOOD.
IT IS A RESIDENTIAL NEIGHBORHOOD.
I DON'T HAVE SO MUCH A PROBLEM WITH, WITH THE USE AT ALL.
BUT, BUT I DON'T, I I, I WOULDN'T WANT A, ANYTHING RIGHT UP AGAINST MY PROPERTY LINE, UM, AT ALL.
UM, I THINK, I THINK THAT THAT, THAT, UM, I, I DON'T
[00:50:01]
KNOW HOW MUCH PUBLIC OUTREACH HAS BEEN DONE.HAS THERE BEEN MAILERS? HAS THERE, WHAT, WHAT KIND OF PUBLIC OUTREACH HAS BEEN DONE? DO YOU, DO YOU KNOW, I CAN'T ANSWER FOR SURE ON THAT.
I KNOW THAT THERE WAS THE COMMUNITY OUTREACH MEETING, THIS HAS BEEN AT THE LANDES COMMITTEE, UM, A FEW TIMES.
UM, I HAVEN'T HAD A CHANCE TO SPEAK.
UH, I AGREE WITH THOSE THAT SAY WE DON'T HAVE ENOUGH INFORMATION.
UH, IF WE'RE GONNA GO WITH HIGH CHANGES, LOT COMBINATIONS AND, AND IT'S GOING TO BE AN OVERLAY THAT WE CAN SUPPORT.
I'M, IF WE HAVE THE ABILITY TO DELAY THIS TO THE NEXT MEETING AND REQUEST THE PROPER INFORMATION, INCLUDING RENDERINGS AND UNDERSTANDING WHAT THEY'RE GOING TO DO AND HOW THIS AFFECTS THE BACK OUR NEIGHBORS.
I DON'T KNOW WHY, BECAUSE I WOULD LIKE THAT GENTLEMAN SAID, WHETHER IT'S RIGHT OR WRONG, WE DON'T HAVE ENOUGH INFORMATION TO KNOW THAT I HAVE A HOUSE AND FIVE FEET FROM ME IS GOING TO BE A THREE STORY MASS.
UH, I WOULD HAVE SOME ISSUES WITH THAT POTENTIALLY.
I DON'T KNOW BECAUSE I HAVE NO INFORMATION.
YOU'RE ASKING US TO VOTE BLINDLY ON SOMETHING.
I, I, BUT I THINK, AND, AND, AND STAFF CAN CORRECT ME IF I'M WRONG, THIS IS ABOUT AN OVERLAY.
IT'S NOT ABOUT A SPECIFIC PROJECT.
THEY HAVE THEIR PLANS FINALIZED, THEY WOULD THEN COME BACK TO THE PLANNING BOARD AND THE DRB, AT WHICH POINT THE PROJECT WOULD BE.
BUT WE'RE ALREADY GIVING THEM PERMISSION TO INCREASE THE HEIGHT AND DECREASE THE SETBACKS SO THEY CAN COME BACK AND WE CAN'T SAY, NO, YOU CAN'T HAVE FIVE FEET AND, UH, BETWEEN YOU AND A HOUSE IN 36 FEET, MAXIMUM HEIGHT AND THREE LOTS TOGETHER.
HOW CAN WE SAY NO TO THAT ONCE WE APPROVE THIS? WHY, WHY DIDN'T WE GET ANY DOCUMENTS? HOLD ON.
I, I, I, YOU KNOW, I THINK, I THINK THE, THE CONCERN IS THAT, UH, THIS IS NOT A PROJECT WE'RE APPROVING.
WE'RE WE'RE ACTUALLY PROVING AN ORDINANCE AMENDMENT.
AND SO THE CONSEQUENCES OF THAT ARE BEYOND, WE DON'T KNOW THE CONSEQUENCES BEYOND ONE PROJECT.
AND I THINK THAT FOR PEOPLE TO BE MORE COMFORTABLE, INCLUDING SOME OF THE NEIGHBORS, WE WOULD HAVE, UH, I THINK BETTER RENDERINGS TO UNDERSTAND HOW IT'S AFFECTING THE RESIDENTIAL NEIGHBORHOOD AND, AND ALSO GET INFORMATION, UM, AS TO HOW MUCH PUBLIC OUTREACH HAS BEEN DONE AND, AND WHAT THE FEEDBACK WAS.
'CAUSE I DON'T, I I LITERALLY DON'T KNOW ANYTHING ABOUT, YOU KNOW, MUCH OF THIS.
I'M, I'M SURPRISED THAT THERE, THERE WAS NOT SOMEBODY HERE TODAY TO REPRESENT, TO PROVIDE THE RENDERING INFORMATION.
SO WOULD, WOULD THAT HAPPEN AS PART OF AN OVERLY DISCUSSION OR THAT WOULD HAPPEN WITH THESE SPECIFIC PROJECT? WELL, NO, BECAUSE THE OVERLAY WE'RE ALLOWED, LIKE KEITH SAID, WE'RE ALLOWING, WE ALLOWING HEIGHTS.
SO WE CAN'T RETRACT AFTER THAT.
I DON'T, WE'RE ALLOWING, I THINK WE'RE MOSTLY IN SUPPORT, BUT WE NEED MORE INFORMATION BEFORE WE CAN, YOU KNOW.
THAT'S, I'M SAYING CONSEQUENCES NOT A YES OR NO.
MICHAEL, IS THERE ANY URGENCY TO THIS? SO WE CAN, I BELIEVE THAT THE SPONSOR WANTED TO HAVE THIS VOTED WHICHEVER WAY BY THE PLANNING BOARD, UM, AND MOVED ALONG.
WE CAN'T, WE WELL, BUT WE CAN RECOMMEND TO WAIT A, UH, PUSH IT BACK TO THE NEXT MEETING AND THEY'LL PUSH BACK THEIR VOTES.
WHAT, WHAT HAPPENS IF THIS IS EITHER FAVORABLE OR UNFAVORABLE? IT GOES TO THE COMMISSION.
THEY HAVE THE ABILITY TO EITHER CORRECT.
THEY CAN DO WHATEVER THEY WANT.
ALL THEY DO IS LIST THAT THEY DO WHATEVER THEY WANT.
YOU KNOW, WE DON'T HAVE ENOUGH.
I DON'T, I PERSONALLY DO NOT HAVE ENOUGH INFORMATION TO VOTE IT.
CAN I ASK, UM, WHY, WHY ARE THEY DOING YOU? SO JUST TO CLARIFY, YOU ONLY, THEY ONLY WILL NEED DRB APPROVAL IF IT'S TWO LOTS OR MORE.
AND SO IF, IF THEY DO A NEW THREE STORY STRUCTURE ON ONE OF THE LOTS AND THEN SEPARATE IT FROM A THREE STORY STRUCTURE ON THE NEXT LOT, THEY WOULDN'T NEED DESIGN REVIEW BOARD APPROVAL FOR THOSE TWO NEW BIGGER STRUCTURES.
GOTTA ADD SOMETHING TO CLARIFY, PICK A CORRECTION.
UM, THE INTERIOR SIDE SETBACK ON THE SOUTH SIDE IS 10 FEET, NOT FIVE FEET.
MAYBE THAT'LL HELP ALLAY SOME OF THE CONCERNS THE BOARD MEMBERS HAD IN TERMS OF THE, THE MASSING.
SO THERE'S 10 FEET SEPARATION.
IT'S A 10 FOOT SETBACK FROM THE PROPERTY LINE.
AND, UM, TAM JUST LET ME KNOW THAT THIS HAS BEEN ADVERTISED FOR THE SEPTEMBER 17TH CITY COMMISSION MEETING.
SO THAT'S WHY WE WOULD LIKE TO HAVE THIS TRANSMITTED ONE WAY OR ANOTHER TO THE CITY COMMISSION TODAY.
WE DON'T HAVE ANY, I DON'T, I DON'T HAVE, LIKE, CAN I GO BACK TO, CAN I JUST GO BACK TO MY QUESTION IN TERMS OF THE DESIGN REVIEW, REVIEW BOARD APPROVALS ONLY NEEDED FOR WHEN THEY'RE DOING A PROJECT OR BUILDING A STRUCTURE ON TWO OF THE LOTS TOGETHER? CORRECT.
IS THERE, I MEAN, I WOULD BE IN FAVOR GIVEN THE IMPACTS TO POTENTIAL NEIGHBORS AND THE NEIGHBORHOOD.
I WOULD BE IN FAVOR OF ALL, I MEAN, BECAUSE THAT, THAT WAS PART OF THE PITCHING PITCH WAS THAT THEY'RE GONNA HAVE TO COME BACK FOR DESIGN REVIEW, BOARD APPROVAL.
[00:55:01]
THAT'S ONE WAY TO KIND OF MOVE THIS PRO, MOVE THIS FORWARD, BUT ALSO PROTECT THE NEIGHBORHOOD AND THE NEIGHBORS AND THE IMPACT ON, YOU KNOW, WHATEVER IS TO REQUIRE DESIGN REVIEW, BOARD APPROVAL FOR EVERYTHING IN THIS OVERLAY.ANYTHING THAT'S BEYOND THE CURRENT, YOU KNOW, THE REGULATION.
SO IF THEY WANT TO TAKE ADVANTAGE OF THIS NEW OVERLAY, JUST ONE OR MORE LOTS, THAT COULD BE A RECOMMENDATION.
AND, AND THEN AS PART OF THAT, WE COULD ALSO MAKE IT THAT ANY SUBSEQUENT OWNER HAS TO ALSO COME BACK AND THE USE DOESN'T KIND OF, THAT'D BE PART OF THE PLANNING BOARD REVIEW PROCESS TYPICALLY, LIKE YOU DO NOW, UM, THE, YOU CAN ACQUIRE THAT WHEN THIS COMES TO THE PLANNING BOARD.
ANY CHANGE OF OPERATOR COME BACK TO THE BOARD AS PART OF THAT.
SO, SO ANY ESTABLISHMENT IN THIS, LIKE, SO EVERYBODY NEEDS THIS PLANNING BOARD APPROVAL? YES.
SO EVEN IF IT'S ONE OF THE, THE DORMITORY WITH LIKE ONE ROOM IN A, IT'S GONNA BE A STANDALONE SCHOOL.
IT REQUIRES, UM, PLANNING BOARD APPROVAL.
HOW, HOW, HOW I WOULD MAKE A, WAIT, WAIT.
HOLD ON HOLD, WAIT JUST A SECOND, PLEASE.
I, THIS IS A SCHOOL, RIGHT? IS THAT RIGHT? YES.
SO HOW, HOW IS IT BEING, HOW, WHERE'S THE TRAFFIC PLAN? WHERE'S THE, WHERE THAT'S GONNA BE ALL PART OF THE, THAT'S THE NEXT, AND THERE ARE SCHOOLS THERE, BY THE WAY, WAY LIKE THERE ARE SCHOOLS CURRENTLY AND, AND, OKAY.
AND THEY OBVIOUSLY WANT US TO MOVE THIS FORWARD.
SO, SO, SO CAN WE LEAVE THE SETBACKS AS THEY ARE NOW, BECAUSE I HONESTLY DON'T, I, I WOULDN'T WANT, YOU KNOW, A ZERO LOT LINE PROPERTY.
I MEAN, IF YOU'RE BUYING A HOME IN MIAMI BEACH, UM, YOU'RE, THAT'S PART OF YOUR, YOU KNOW WHAT, THERE, THERE'S NO ZERO OUTLINE PROPOSED.
I MEAN, THERE'S REALLY NOT THAT MUCH OF A DIFFERENCE.
UM, SO HOW, WHAT CAN, WHAT MY UNDERSTANDING IS IT WON'T WORK IF YOU LEAVE THEM THE WAY THEY ARE.
YOU, YOU'LL, YOU WILL NOT BE ABLE TO GET THE, THE, UM, THE VOLUME NEEDED.
SQUARE FOOTAGE WITH EXISTING SETBACKS.
SO, YEAH, LET, LISTEN, YOU CAN VOTE FORWARD AGAINST IT, BUT THEY WANT US TO VOTE ON IT.
I'D MAKE A MOTION TO APPROVE THIS WITH A FEDERAL RECOMMENDATION.
I'LL MAKE A MOTION TO APPROVE THIS WITH A FAVORABLE RECOMMENDATION, UH, UNDER THE CONDITION THAT ANY AND ALL FUTURE PROJECTS THAT ARE TO BE DONE ALONG THIS OVERLAY HAVE TO COME TO, UH, PLANNING BOARD AND DRB FOR APPROVAL.
SO YOU'RE SAYING THAT EVERY, UM, EVERY LOT, UM, IN THIS OVERLAY, THE, UH, THERE WILL BE AT LEAST 10 FEET BETWEEN THE, THE SOUTH LOT LINE AND ANY STRUCTURE.
AND COULD WE RECOMMEND MAYBE THERE'S NO, NO.
UM, CAN'T BE ANY VARIANCE FOR ANY, ANYTHING.
I WOULDN'T RECOMMEND A NO VARIANCE PROVISION.
THERE MAY BE SOME HARDSHIP OR CERTAIN CIRCUMSTANCES THAT IS A, A MUCH HARDER, UM, BURDEN THRESHOLD TO, TO, TO MEET.
SO I WOULDN'T RECOMMEND NO VARIANCES.
THERE MAY BE INSTANCES THAT, THAT WARRANT THAT AND A NEIGHBOR'S NOT OPPOSED TO IT.
SO, ALRIGHT, ALL WE HAVE A MOTION A SECOND.
AYE, YOU WANNA DO ONE BY ONE OR, UM, LET'S, LET'S, UH, ARE ANYONE OPPOSED TO IT? OKAY.
THEN MOVE FORWARD WITH THOSE, WITH THAT RECOMMENDATION.
[16. PB22-0553. 455 Lincoln Road]
REPORTS.FIRST ONE, UH, PLANNING BOARD FILED 22 0 5 5 3 4 55 LINCOLN ROAD.
AND I PASSED OUT THIS, UM, STAFF REPORT.
IT WASN'T PART OF YOUR BOARD PACKAGES.
THIS IS, UM, PB 22 DASH 0 5 5.
THIS WAS HANDED OUT THIS MORNING.
4 5 5 HANDED OUT THIS MORNING.
MAY RECALL THIS WAS, UM, BEFORE YOU INITIALLY ON MARCH 4TH OF THIS YEAR DUE TO, UM, CODE VIOLATIONS.
THERE'S A RESTAURANT ON TODAY'S
UM, THIS WAS LAST REVIEW BY THE BOARD ON MAY 6TH.
THE JULY MEETING WAS CANCELED.
IT WAS CONTINUED UNTIL TODAY'S HEARING.
AS NOTED IN OUR REPORT, THERE HAVE BEEN NO NEW CITATIONS OR VIOLATIONS ON THE PROPERTY.
SINCE THE BOARD LAST HEARD THIS.
WE ALL RECOMMENDED THAT THE PROGRESS REPORT BE CONCLUDED AT THIS TIME.
MICHAEL OPOLIS, 200 SCA BOULEVARD, JOINED BY MY COLLEAGUE MICHAEL LARKIN AND THE GENERAL MANAGER JOSE AKE.
UH, AS STAFF MENTIONED, WE WERE BEFORE YOU ON MARCH 4TH AND MAY 6TH.
OUR TEAM HAS WORKED VERY HARD AND VERY DILIGENTLY TO MAKE SURE THAT ALL CONDITIONS ARE COMPLIED WITH.
WE'VE HAD ZERO ISSUES SINCE, UH, OUR FIRST PROGRESS REPORT, UM, SORRY, OUR SECOND PROGRESS REPORT IN MAY.
AND WE WOULD, UH, RESPECTFULLY CON, UH, REQUEST TO CONCLUDE THIS, UH, PROGRESS REPORT.
ANYONE HERE TO SPEAK ON THIS? ONE THING TO SAY, HOLD ON.
ANYONE ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.
[01:00:01]
OKAY.I'M ALWAYS HEARING ABOUT DOWNTOWN MIAMI RESTAURANTS AND, YOU KNOW, COCONUT GROVE.
I'VE HEARD SUCH GREAT THINGS ABOUT THIS RESTAURANT BRINGING PEOPLE TO THE AREA AND JUST, IT'S NOW BECOME A DESTINATION.
SO I HOPE IT CONTINUES TO DO GREAT AND BE GREAT.
ALRIGHT, ANY, UH, ANY OTHER QUESTIONS OR COMMENTS AND WANNA MOVE IT, MAKE A MOTION TO CLOSE IT OUT.
ALL IN FAVOR? A I'LL? OPPOSED? THANK YOU, SIR.
[17. PB24-0715. 1800, 1810, & 1818 Michigan Ave, and 1039 18th Street – Single Family Home Lot Split]
IS PLENTY FOR FILE.10 18 18 MICHIGAN AVENUE AND A HUNDRED AND TEN THIRTY NINE 18TH STREET LOT SPLIT.
AND THIS IS A PROGRESS REPORT, UM, BASED UPON NON-COMPLIANCE WITH THE CONDITIONS OF APPROVAL.
THE BOARD MAY REMEMBER ON NOVEMBER 26TH OF LAST YEAR, THE PLANNING BOARD APPROVED A LOT SPLIT APPLICATION TO DIVIDE THE SITE, WHICH WAS FOUR PLOTTED LOTS INTO FOUR INDIVIDUAL, UM, BILLABLE PARCELS.
WE SENT A SECURE LETTER TO THE APPLICANT ON AUGUST 8TH BASED UPON THE VIOLATIONS LISTED ON PAGE ONE AND TWO OF THE BOARD PACKAGES.
UM, THE FIRST ONE WAS TO, UM, FAILURE TO COMPLY WITH THE, UM, REQUIREMENTS FOR VACANT AND ABANDONED PROPERTIES IN ALL DISTRICTS, BUT NOT HAVING A FENCE.
UM, AND THE SECOND ONE WAS NOT COMPLYING WITH THE, THE CUP, THE, SORRY, THE CONDITIONS OF APPROVAL FOR THE LOT SPLIT NOT SECURE.
THE CONDITIONS OF APPROVAL FOR THE LOT SPLIT.
BASICALLY SAY THAT THE APPLICANT HAS TO COMPLY WITH THE, UM, REQUIREMENTS IN THE CODE FOR ABANDONED AND VACANT PROPERTIES.
SO BY THEM GETTING A VIOLATION OF THAT, THAT, THAT ENTAILED ANOTHER VIOLATION OF THE CEP.
SO WE'RE ASKING TO HEAR FROM THE APPLICANT IN TERMS OF THE, UM, CORRECTING THESE VIOLATIONS AS WELL AS HEARING FROM THE MEMBERS OF THE PUBLIC.
WE'RE RECOMMENDING TO, UM, THEN CONTINUE THIS PROGRESS REPORT FOR THE NOVEMBER 4TH MEETING DATE.
SO THROUGH THE CHAIRS FOR THE RECORD, NICHOLAS RODRIGUEZ, 200 SOUTH PISCA BOULEVARD, MICKEY MARRERO IS HANDLING THIS APPLICATION, BUT HE JUST WENT DOWN TO MEET WITH THE BUILDING OFFICIAL.
HE HAD A 10:00 AM MEETING ON THIS PROPERTY REGARDING THESE VIOLATIONS.
SO IF WE COULD SKIP THIS ONE AND RETURN TO IT, MICKEY WILL BE BACK AND HE'LL HAVE A MORE SUBSTANTIVE UPDATE.
'CAUSE HE'S MEETING WITH THE BUILDING OFFICIAL RIGHT NOW ABOUT THIS PROPERTY.
SO WE APPROVE A LOT SPLIT CONDITIONALLY THEN THEY DON'T MEET THE, THE REQUIREMENTS OF THE, THE CONDITIONS.
SO WHAT ARE, IT'S KIND OF A WEIRD SITUATION.
YOU CAN'T REVERSE THE LOT SPLIT.
I MEAN, I KNOW THAT'S A DIFFICULT SITUATION.
SO REALLY THE KEY IS MAKING SURE THEY COMPLY OR KIND OF NEXT TIME WE COULD SAY, ALRIGHT, WE'RE NOT ALLOWING THE LOT SPLIT.
WELL, HE'LL, WELL I WOULD SUGGEST WE, UM, TABLE THIS ITEM UNTIL YEAH.
I WAS JUST CURIOUS 'CAUSE THAT'S A WEIRD, OKAY.
YEAH, WE'VE, I'VE NEVER SEEN A, UM, REVOCATION OR MODIFICATION OF LOTS.
BUT BUT TO BE CLEAR, YOU DO HAVE THAT AUTHORITY.
BUT IT'S JUST KIND OF A, LIKE I SAID, IT'S AN ODD SITUATION.
WE'RE ONTO PREVIOUSLY CONTINUED
[18. PB24-0719. 1350 Collins Avenue]
APPLICATIONS PLANNING BOARD FILED 24 0 7 19 13 50 COLLINS AVENUE.SO WE'RE MOVING RIGHT, RIGHT ALONG IN OUR APPLICATIONS TODAY.
UM, THIS IS ON PAGE SEVEN OF THE BOARD PACKAGES.
YOU MAY REMEMBER THIS, THIS FIRST CAME BEFORE YOU SUBSTANTIVELY ON FEBRUARY 4TH OF THIS YEAR.
THIS IS WHEN THE APPLICANT WAS PROPOSING TO HAVE, UM, BOTH AMBIENT AND ABOVE AMBIENT LEVEL ENTERTAINMENT WITHIN THE COURTYARD OF A RENOVATED BUILDING AT 1350 COLLINS AVENUE.
AT THE TIME, THE APPLICANT WAS PROPOSING BOTH, UM, A DJ AND A VIOLINIST.
THEY WERE GONNA HAVE ABOVE BACKGROUND LEVEL MUSIC DURING, UM, VARIOUS TIMES OF THE DAY ON THE WEEKENDS.
SINCE THAT TIME, THE APPLICANT WENT OUT WITH THE, UM, SOUND CONSULTANT BY THE APPLICANT.
WE DID TEST THE SOUND SYSTEM BACK IN FEBRUARY.
WE TESTED AT AMBIENT LEVELS AND ABOVE AMBIENT LEVELS AND THE NEIGHBORING PROPERTIES AND FOUND THAT AT AMBIENT LEVELS, THE NOISE WAS NOT PLAYING THE AUDIBLE IN THE GUEST ROOMS. ONCE IT GOT TO ABOVE AMBIENT LEVELS, IT CLEARLY WAS AUDIBLE AND COULD BECOME A NUISANCE FOR THOSE, UM, THOSE NEIGHBORS.
NOW THE APPLICANT HAS REVISED THEIR REQUEST.
THEY'RE ASKING FOR, UM, AMBIENT LEVEL MUSIC ONLY WITH EITHER A DJ OR A SOLO VIOLINIST NO LONGER.
THEY'RE NO LONGER ASKING FOR ENTERTAINMENT AT ANY TIME ABOVE, UM, BACKGROUND LEVEL MUSIC NOW.
UM, SO THEY NEED ENTERTAINMENT TO HAVE SOMEONE LIVE THERE, BUT THE RIGHT, BUT THE LEVEL OF THE MUSIC WILL MAINTAIN.
SO AT AMBIENT, JUST THE FACT OF HAVING A DJ.
IS THAT ENTERTAINMENT OR VIOLENCE? GOT IT.
SO WE ARE RECOMMENDING THAT, YOU KNOW, WE DO THINK THAT HAVING AN AMBIENT LEVELS WILL HELP, SHOULD, SHOULD UMAY ANY CONCERNS WITH IT BEING A NUISANCE AS LONG AS THE, UM, THE SOUND SYSTEM IS SET TO NOT EXCEED THOSE VOLUMES.
I'LL JUST GO THROUGH SOME CONDITIONS OF APPROVAL THAT WE'RE RECOMMENDING, UM, THAT THIS ENTERTAINMENT ONLY BE ALLOWED AS PART OF A RESTAURANT ALWAYS SERVING MEALS AND ENTERTAINMENT IS PROHIBITED ANY TIME THAT FOOD SERVICE IS NOT AVAILABLE.
SO THIS DOES NOT BECOME A STANDALONE BAR OR STANDALONE, UM, ENTERTAINMENT ESTABLISHMENT.
[01:05:02]
WE'RE RECOMMENDING A REQUIREMENT.ENTERTAINMENT SHALL NOT EXCEED AMBIENT LEVELS AT ANY TIME.
ENTERTAINMENT IS LIMITED TO A DJ OR A SOLO VIOLINIST IS PROFFERED BY THE APPLICANT.
WE ALL RECOMMEND THAT THE THESE THAT THE DJ OR SOLO VIOLINIST BE LOCATED WITHIN THE INTERIOR OF THE BUILDING, THEY MAY HAVE THE DOORS OPEN TO ALLOW THE SOUND THROUGH.
BUT WE'RE WE'RE ASKING RECOMMENDING THAT THE THE DJ OR STILL THE VIOLIN BE LOCATED WITHIN, WITHIN THE INTERIOR OF THE BUILDING.
WE'RE ALL RECOMMENDING LIMITATIONS ON THESE HOURS AT THIS TIME.
UM, ONLY ON SATURDAYS AND SUNDAYS BETWEEN 12:00 PM AND 4:00 PM AND ENTERTAINMENT NOT BE PERMITTED OUTSIDE OF THOSE HOURS AND NOT PERMITTED ON MON, UM, ANYTIME MONDAY THROUGH FRIDAYS.
AND RECOMMENDING THAT THE SOUND SYSTEM BE TESTED AGAIN WITH STAFF ON SITE TO ENSURE COMPLIANCE WITH THESE CONDITIONS.
WE DO BELIEVE THAT THIS SHOULD SATISFY CONCERNS OF THE NEIGHBORS AND RECOMMENDING APPROVAL IN A ACCORDANCE TO THE CONDITIONS I JUST MENTIONED.
IS THE APPLICANT HERE FOR THIS ITEM? YEAH, I WAS GONNA SAY.
UM, WE OPENED THE PLACE, UH, THREE MONTHS AGO AND, UH, HONESTLY, I DON'T THINK THAT WE DIDN'T, WE DON'T EVEN NEED ANYMORE ENTERTAINMENT.
IT'S A GREAT RESTAURANT WITH GREAT FOOD.
I WOULD LOVE TO, WHAT'S THE NAME OF THE RESTAURANT? DONELLA.
IT'S A REALLY GOOD ITALIAN CHEF FROM NAPOLI.
NO, BUT IT'S GONNA BE ALWAYS LEVEL MUSIC.
I MET WITH MY NEIGHBOR ON THE STREET LIKE TWO, THREE WEEKS AGO AND WE'RE NOT SO YOU'VE BEEN OPEN AND HAVE YOU BEEN PLAYING AMBIENT MUSIC? YEAH, AMBIENT MUSIC.
AND WE SEND OUR MUSIC, OUR MUSIC PROGRAMMERS SOMETIMES TIME TO SET UP THE, BECAUSE WE HAVE A COMPUTER AND A LOT OF THE SPEAKERS THAT YOU CAN LOWER THIS ONE, LOWER THAT ONE.
SO WE'RE VERY INTERESTED NOT TO HAVE A, A PROBLEM WITH NO ONE.
I'M JUST HOW, HOW LONG HAVE YOU BEEN OPEN? THREE MONTHS.
AND YOU'VE BEEN PLAYING AMBIENT MUSIC WITHOUT COMPLAINTS? WITH NO, I, NO COMPLAINTS.
I'VE BEEN THERE AND, AND IT WAS FABULOUS.
BUT NO COMPLAINTS SO FAR IN THREE MONTHS? CORRECT.
UM, MY, MY MY ASKING IS THAT YOU GUYS HELP US TO PROMOTE AND COME, IT'S A GREAT RESTAURANT.
DID YOU HEAR ALL THE CONDITIONS THAT, THAT THE STAFF RECOMMENDED? YOU'RE OKAY WITH ALL THOSE? HONESTLY.
WE WERE TRYING TO DO IN THE DAYTIME FOR A BRUNCH, BUT LOOK, IF WE PUT A DJ OR A VIOLIN'S JUST GONNA BE MAYBE AN EXPENSE.
IT'S BEING SO TOUGH THAT WE DON'T KNOW IF WE WANT IT, YOU KNOW? RIGHT.
YOU GOTTA WAIT UNTIL SEPTEMBER'S OVER, YOU KNOW, THIS PLACE, THERE'S A LOT OF LIKE, UH, UH, WEDDING, NOT WEDDINGS, BUT, UH, WHEN THEY ASK FOR THE HAND OF THE, THE BRIDE, YEAH.
SO SOMETIMES THEY WANNA BRING A SAX, SO A BILE IN, SOMETIMES IT'S 6:00 PM IT'S A BEAUTIFUL LOCATION.
WE'RE JUST TRYING TO FIND THE WAY TO NOT TO LOSE MONEY.
I HAVE A QUESTION BEFORE YOU GET, DOES ANYONE HAVE ANY DISCLOSURES TO MAKE ON THIS APPLICATION? OKAY, GO AHEAD, ELIZABETH.
I'VE, I'VE BEEN, BUT I, I, WE WANTED TO SEE WHAT WE, YOU KNOW, WHAT WE APPROVED
UM, THE FOOD WAS FANTASTIC, UM, AND IT WAS REALLY ENJOYABLE.
UM, BUT I, I WANT TO JUST MAKE SURE IF WE APPROVE THIS, THAT THERE WON'T BE ANY SPEAKERS OR ANYTHING LIKE THAT, THAT YOU'RE GONNA ADD BACK TO THE FRONT OF THE BUILDING OR ANY OF THAT KIND OF THING.
AND I WANNA MAKE SURE THAT, THAT, THAT THE RESIDENTS ARE PROTECTED OR NOT THE RE WELL, THE RESIDENTS, BUT ALSO THE NEIGHBORING BUILDINGS ARE PROTECTED.
HONESTLY, WE, WE REMOVE THE SPEAKERS WHEN YOU TOLD US WE HAVE TO LIKE, ON THE INSIDE BEHIND OF OUR PLANTERS, JUST BECAUSE NO ONE WALKS SOMETIMES THERE JUST TO LET THEM KNOW THAT WE ARE ALIVE.
I MEAN THE, THE, THE MUSIC ON THAT STREET, IT'S SO LOUD AND I KNOW THE AMBIENT SO BAD THAT IT'S KILLING US.
IF YOU UP, WE JUST DON'T WANT ANY MORE LOUD, LOUD
IF YOU WANT THAT PLACE TO SOUTH OF FIFTH OR TO ANOTHER PLACE, IT WOULD BE LIKE TRIPLE THE SALES.
WE'RE JUST, HONESTLY, IT'S BEEN CHALLENGING, UH, CHALLENGING INVESTMENT.
WE LIVE, UH, BORN AND NOT BORN LOVE MIAMI BEACH.
IT'S BEEN A TOUGH SUMMER, I THINK FOR EVERYONE.
SO IT'S, IT'S, AND I THINK YOU'LL START PICKING OUT US, UM, ANYTHING THAT OUR NEIGHBOR, ANY COMPLAINT.
WE ARE WILLING TO WORK WITH ANYONE.
WELL, THANKFULLY WE HAVEN'T HAD ANY.
SO IS THERE ANYBODY ELSE IN CHAMBERS SPEAK ON THIS ITEM? YOU ARE.
I OWN THE, UH, SHEPLEY HOTEL, WHICH IS THE NEIGHBOR TO THE SOUTH, TO THE DELLA RESTAURANT.
UH, SO I MUST SAY THAT THEY'VE BEEN OPEN FOR THREE MONTHS.
WE HAVE, WE HAVE, UH, ZERO COMPLAINTS SO FAR.
[01:10:01]
AGO WHEN WE HAD THIS MEETING.UH, MICHAEL WAS IN OUR PROPERTY.
WHEN THE SOUND TESTS WERE MADE, IT WAS VERY CLEAR THAT ANYTHING ABOVE AMBIENT LEVEL WAS A KILLER FOR US.
NOT ONLY FOR THE NOISE ITSELF, BUT FOR THE VIBRATIONS.
AND IT'S VERY EASY FOR YOU TO RELATE WITH AN HOTEL EXPERIENCE.
YOU GO INSIDE A ROOM, IF YOU IMMEDIATELY LISTEN TO YOUR NEIGHBOR'S MUSIC, THERE'S A PROBLEM THERE RIGHT AWAY.
SO, UH, I I WANT TO SAY THAT, UH, WE ARE IN FAVOR OF THEIR CURRENT OPERATION.
I GOT LOST IN THE DESCRIPTIONS OF THE SO JUST SO YOU KNOW, THEY'RE GONNA STAY AMBIENT.
THIS JUST ALLOWS THEM IF THEY WANT TO HAVE A VIOLINIST OR A DJ.
BUT THE MUSIC LEVEL HAS TO SAY THE SAME.
SO THE ONLY THING THAT FRIGHTENS ME IN THESE THINGS IS WHEN WE HAVE TO BE VERY SOPHISTICATED WITH THE RULES AND WHO'S GONNA BE THERE TO
I'M A HUNDRED PERCENT FOR THE AMBIENCE THING.
WE WILL BE OPPOSING ANY NON AMBIENCE MUSIC.
THIS IS PRETTY, PRETTY MUCH OUR, OUR TAKE.
THE, THE CUP DOESN'T ALLOW THAT.
AND SO FAR YOU CAN CONFIRM THERE HAS BEEN NO ISSUES WITH, WITH AT THE HOTEL.
I SAID SO FAR YOU, YOU CAN CONFIRM THAT THERE'S BEEN NO COMPLAINTS.
UH, I GUESS AS IT GETS BUSY IT'S GONNA BE A DIFFERENT CHAPTER.
I'M AFRAID WHEN WELL, THE MUSIC CAN'T CHANGE.
THIS IS PRETTY MUCH OUR, AND, AND SO, SO, SO YOU KNOW, OUR JOB HERE IS TO BALANCE THE INTERESTS OF PEOPLE LIKE YOU AND THEN BUSINESSES WE WANNA SUCCEED, BUT WE ALSO WANT HOTELS AND RESIDENTS TO SUCCEED.
AND SO IF YOU DO HAVE A PROBLEM IN THE FUTURE BY NEW OPERATIONS, REACH OUT TO MICHAEL.
AND, AND WE CAN, AND I MUST SAY THAT THEY'VE BEEN IMPECCABLE SO FAR.
SO THIS IS, UH, JUST ASSESSMENT.
ANYBODY ELSE IN CHAMBERS? ANYBODY ON ZOOM? THERE'S NOBODY ON ZOOM WITH THEIR HAND RAISED.
QUICK QUESTION, JUST QUICK CLARIFICATION.
THE, THE TIMES, I JUST WANNA BE CLEAR OF THE TIMES THAT, THAT THE, UM, UH, LIVE MUSIC IS, IS A, UH, ALLOWED, BECAUSE I KNOW HE MENTIONED SOMETHING ABOUT 6:00 PM LIKE WE MIGHT WANNA HAVE SOMETHING AT 6:00 PM WHEN WE'RE RECOMMENDING NOON TO FOUR.
SO YOU'RE OKAY WITH NOON? YEAH.
'CAUSE IF YOU GUYS ALLOW US JUST TO HAVE IT OPEN AND THE NEIGHBOR ON THE WEEKENDS, MAYBE FROM SIX TO 10:00 PM WE HAVE A HOTEL ON TOP.
IT'S SIX ROOMS AND YOU KNOW, IT'S A OLD BUILDING WITH WOOD FLOORS.
IF I, IF I PUT VOLUME, MY OWN CUSTOMERS KILLED ME.
I'M, I'M GONNA, I'M GONNA JUST SAY THAT I'M GONNA SUPPORT WHAT STAFF HAS RECOMMENDED AND JUST OUT OF RESPECT FOR THE HOTELS THAT WE STICK WITH THIS, YOU COULD ALSO, YOU KNOW, AMEND THE CONDITIONS LATER ON.
COME BACK AND ASK FOR LATER HOURS.
LIKE, UH, HOW MANY TIME? WELL, NO, I WOULD SUGGEST YOU UP, YOU OPERATE FOR SOME TIME AND YOU CAN MAKE AN APPLICATION TO COME BACK FOR LATER HOURS IN THE FUTURE.
CAN I ASK A QUESTION OF, THROUGH THE CHAIR OF THE LEGAL, UM, WE HAD THIS ISSUE SOUTH OF FIFTH, UH, FIRST AMENDMENT RIGHTS OF LIMITING A SPECIFIC, I'M SHOCKED TO SEE THERE'S A VIOLIN MENTIONED HERE BECAUSE WE HAD THIS IN SOUTH OF FIFTH WHERE IF YOU ALLOW A VIOLIN, YOU CAN ALLOW A DRUM, AN AMPLIFIED GUITAR, AN AMPLIFIED SEX.
YES, WE HAVE SOUND ISSUES AND THEY CAN GET CODE.
BUT DOESN'T IT OPEN UP TO ANY INSTRUMENT LEGALLY? SO, SO THAT'S A GOOD QUESTION.
THE, THE SITUATION WITH SOUTH OF FIFTH SEVERAL YEARS AGO, UM, WAS A PROVISION IN OUR CODE THAT, UH, THAT THAT DISTINGUISHED BETWEEN TYPES OF ENTERTAINMENT AND, AND THAT HAD TO BE AMENDED.
UM, THE REASON YOU'RE SEEING IN THIS CONDITIONAL USE PERMIT A DJ AND A SOLO VIOLIN VIOLINIST IS BECAUSE THAT'S WHAT THE APPLICANT HAS APPLIED FOR.
SO, SO THE APPLICANT IS ONLY SEEKING, UM, TO DO TO, TO, TO HAVE A DJ AND SOME VIOLINIST? NO.
SO HE WOULD HAVE TO COME BACK IF HE WANTED A SEX? THAT'S CORRECT, YES.
WHAT WE THOUGHT, IT'S, IMAGINE THAT A PROPOSAL AND, BUT IT'S, IF YOU GO AND SEE THE PLACE, YOU'RE GONNA UNDERSTAND THAT WE CANNOT NO, I, I JUST WANTED TO MAKE SURE I WASN'T UNDERSTAND.
AND YOU WERE TALKING ABOUT THE BRUNCH, BUT I REMEMBER THAT.
ANY, SOMEONE WANNA MOVE IT? I'LL MOVE IT.
UM, WITH ALL THE CONDITIONS MENTIONED BY STAFF.
GOD BLESS EVERYONE AND PLEASE PROMOTE DONELLA
[01:15:01]
WE'RE YOU SHIRT OR BILLBOARD WHEN YOU'RE UP HERE? YOU KNOW, YEAH.
[19. PB25-0757, f.k.a. PB File No. 2058. 1426A Alton Rd, a.k.a 1218 14th Court]
FILED 25 0 7 5 7, UH, 1426.A ALTON ROAD APPLICATION FOR RE-APPROVAL.
THE CUP AND THIS APPLICATION BEGINS ON PAGE, UM, 47 OF THE BOARD PACKAGES.
THIS IS AN APPLICATION REQUESTING THE RE-APPROVAL OF A CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT CONSISTING OF AN ALCOHOLIC BEVERAGE ESTABLISHMENT WITH ENTERTAINMENT AND OCCUPANT LOAD ABOVE 199 PERSONS.
AND THAT WAS NOTED IN OUR REPORT.
THE APPLICANT'S REQUESTING RE-APPROVAL FOR THE OPERATION OF THE EXISTING FOXHOLE BAR, WHICH WAS INITIALLY APPROVED BY THE PLANNING BOARD BACK ON MARCH 27TH, 2012.
BEFORE THAT DATE, THE BAR WAS OPERATING FOR MANY YEARS OR WITHOUT AN ENTERTAINMENT COMPONENT.
THE BOARD ADDED ENTERTAINMENT TO THEIR LICENSE OR OPERATION BACK IN 20 20 20 12.
FOXHOLE BAR TEMPORARILY CEASED OPERATIONS IN 2021 DUE TO UNDERGO, UM, EXTENSIVE RENOVATIONS WAS STRETCHED OVER, UH, SEVERAL YEARS NOW.
THE CODE DOES REQUIRE THAT WHEN THERE'S AN APPROVED CONDITIONAL USE THERE REMAINS IDLE OR UNUSED IN WHOLE OR APART FOR A CONTINUOUS PERIOD OF SIX MONTHS OR FOR 18 MONTHS WITHIN ANY THREE YEAR PERIOD, WHETHER OR NOT THE EQUIPMENT FIXTURES OR STRUCTURES REMAIN SHOULD BE REQUIRED TO SEEK RE-APPROVAL OF THE CONDITIONAL USE FROM THE PLANNING BOARD.
THAT'S WHY THE APPLICANT'S BEFORE YOU TODAY, THE OPERATION REMAIN SUBSTANTIALLY CONSISTENT AS IT WAS PREVIOUSLY APPROVED.
WITH AN OCCUPANCY LOAD OF 254 PERSONS AND 60 SEATS OVER, UH, TWO LEVELS, THE HOURS OF OPERATION WOULD NOT EXCEED NOON TO 5:00 AM.
NOW THE CURRENT CODE IN THIS AREA DOES RESTRICT HOURS TO, UM, 2:00 AM BUT FOR ESTABLISHMENTS THAT RECEIVED A BTR PRIOR TO, UM, I THINK IT'S APRIL OF 2015, THEY CAN CONTINUE THOSE OPERATING HOURS.
UM, IT'S THE SAME LOCATION AS, OR THE SAME LOCATION IS OKAY.
YEAH, IT CENTERED OFF ON THE, ON THE SIDE STREET.
UM, NOW WITH THIS, WITH THIS RE-APPROVAL OF THE CUP, WE HAVE UPDATED TO, TO REFLECT, UM, THE TYPICAL REQUIREMENTS OF A NEW CUP.
THIS WOULD INCLUDE AN ANNUAL PROGRESS REPORT BEFORE THE BOARD.
SO IN THE FUTURE, THIS STILL GONNA COME BEFORE YOU EVERY YEAR FOR PROGRESS REPORT.
WE'VE ALSO UPDATED THE CONDITIONS IN TERMS OF THE APPLIC APPLICABLE CODE SECTIONS.
UM, THE APPLICANTS HERE, UM, ANSWER ANY QUESTIONS.
WE'RE RECOMMENDING THAT THIS, UM, BE APPROVED IN ACCORDANCE WITH THE CONDITIONS IN THE DRAFT FINAL ORDER, WHICH STARTS ON PAGE 52 OF THE BOARD PACKAGES.
DID YOU ADD ANY CONDITIONS FROM THE PRIOR WE ADDED CONDITION REGARDING, UM, THE PROGRESS REPORT ON THE ANNUAL PROGRESS REPORT? YES.
THAT IT, AND JUST THAT THE APPLICANT SHALL PROVIDE ACCESS TO CODE PLANNING AND BUILDING WHEN ANY, THAT'S, THAT'S ANOTHER TYPICAL CONDITION WE ADD AS PART OF ANY NEW, ANY NEW CUP.
AND, UM, THAT'S PRETTY MUCH IT.
OKAY, SIR, ANY, UM, DISCLOSURES ON THIS ONE FROM THE NO BOARD? NO, NO DISCLOSURES.
ANGEL FERES, RESIDENT OF MIAMI BEACH SINCE 1999.
I'VE BEEN A RESIDENT OF MIAMI BEACH SINCE 1999 OVER AT 5 1 5 1 COLLINS.
UH, WE ALSO HAVE OPERATED FOXHOLE, UH, SINCE 2012, RIGHT HERE ON ALTON ROAD.
UM, BETWEEN ALTON AND WEST AVENUE.
UM, WE WERE IN FRONT OF THE PLANNING BOARD SO MANY YEARS AGO.
UH, EVER SINCE THEN, WE'VE NEVER BEEN CALLED TO THE PLANNING BOARD.
WE'VE NEVER HAD A PROGRESS REPORT, WE'VE NEVER HAD CODE COMPLIANCE, WE'VE NEVER HAD, UH, ANY VIOLATIONS.
UM, BASICALLY WE ARE HERE MORE OF A TECHNICALITY TO GET, UM, FOXHOLE, YOU KNOW, GRANTED, UM, WE'VE BEEN OPEN NOW AGAIN SINCE DECEMBER.
AND AGAIN, ZERO CODE COMPLIANCE VIOLATIONS, ZERO NOISE ORDINANCE VIOLATIONS.
UM, IT'S JUST A, BASICALLY A REGULAR WATERING HOLE FOR THE NEIGHBORHOOD.
UM, AND YOU STILL, THE SPORTS BAR TVS, YOU STILL EVERYTHING, ALL THAT.
I BELIEVE, YOU KNOW, PROBABLY MOST OF EVERYBODY AT MIAMI BEACH HAS BEEN TO FOXHOLE.
SO WITH THAT, I USED TO SEE HIM STUMBLING OUT AT 3:00 AM
NO, THAT WAS ME PICKING YOU UP
UM, WITH THAT, YOU KNOW, WE WOULD JUST LIKE TO, I'M GLAD YOU'RE BACK.
AND YEAH, WITH THAT, YOU KNOW, THAT'S ABOUT ALL I HAVE TO SAY.
YOU HAVE ANYTHING TO ADD? NO, I'M PART OF THE NEW FOXHOLE.
SINCE IT'S, I DIDN'T KNOW IF YOU WANTED TO SAY ANYTHING.
I SECOND EVERYTHING THAT HE SAYS AND YOU KNOW, THANK YOU FOR YOUR TIME.
MR. LUCIUS HELPED US THROUGH THIS PROCESS.
ANYBODY IN CHAMBERS SPEAK ON THIS?
[01:20:01]
ANYONE ON ZOOM? NOBODY ON ZOOM WITH THEIR HAND RAISED.THE ONLY QUESTION I HAVE IS THEY'RE GOING THROUGH THIS TO GET AROUND THE 2:00 AM NO, IT'S NOT TO GET AROUND.
IT'S JUST, UM, THEY WERE THEIR GRANDFATHER, THEY WERE TOLD.
BUT ARE THEY, THEY WERE CLOSE THAN SIX.
THEY HAVE TO GET MONTHS, THEY HAVE TO GET GRAND GRANDFATHER.
HAVE THEY BEEN OPERATING TO 5:00 AM NOW? YES, WE HAVE.
WE'VE BEEN OPERATING SINCE 5:00 AM SINCE 2012.
MAYBE YOU CAN GO OVER THE RECENT RENOVATIONS AND THE TIMEFRAME IT TOOK YOU.
THEY ONLY BECAUSE IT'S BEEN DORMANT, THEY HAVE TO REAPPLY FOR THE CUP.
IT'S THE SAME CP THAT BEFORE WHEN DID IT, IT'S BEEN DORMANT.
WHEN DID YOU REESTABLISH? DECEMBER 30TH, 2024.
YEAH, THEY'RE A GREAT OPERATION THERE.
I HAVEN'T BEEN, BUT YOU'RE WELCOME TO.
I USED TO BE SOMEONE MOVE IT, MAKE A MOTION TO APPROVE.
THANK YOU MR. BELU FOR ALL YOUR HELP.
YOU OPEN BEFORE THERE'S NO MATTER DRINKING THAT CAN HELP YOU WITH THAT AT 10:00 PM OKAY.
ALRIGHT, NEXT ONE IS PLANNING BOARD
[20. PB25-0741 – 1100 Lincoln Road]
FILED 25 0 7 4 1 1100 LINCOLN ROAD.AND THIS STAFF REPORT BEGINS ON PAGE, UM, 59 OF THE BOARD PACKAGES.
P YOU 25 DASH 7 41 FOR 1100 LINCOLN ROAD.
THIS IS AN APPLICATION REQUESTING CONDITIONAL USE APPROVAL FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT, INCLUDING INDOOR ENTERTAINMENT WITH AN OCCUPANT CONTENT EXCEEDING 199 PERSONS.
NOW THIS PROJECT, UM, REPURPOSES AN EXISTING 78,000 SQUARE FOOT 18 SCREEN MOVIE THEATER, THE REGAL CINEMA SITE AT 1100 LINCOLN ROAD INTO A NEW MUSEUM FEATURING INTERACTIVE ART EXHIBITS AND ARY FOOD BEVERAGE SERVICE.
THERE'S NO PROPOSED CHANGES TO THE STRUCTURAL PARKING OR LOADING CHANGES AS PART OF THIS OPERATION.
THE APPLICANT WILL GO THROUGH, UM, THE DETAILS HOW ONE MAY TRAVERSE THROUGH FROM THE GROUND FLOOR UP TO THE THIRD FLOOR.
UM, AND THROUGH THE, UM, THE EXHIBITS PROPOSED HOURS OF OPERATION ARE, UM, 11:00 AM TO 12:00 AM UM, WE DID NOTE THAT, I'M SORRY.
AND THURSDAY THROUGH SATURDAY WOULD BE 11:00 AM TO 2:00 AM WE DID NOTE, AS PART OF THEIR TRANSPORTATION ANALYSIS THAT THIS PROPOSED USE REDUCE THEIR EXPECTED WEEKDAY PM PEAK HOURS BY 190 TRIPS WOULD BE REDUCTION INTENSITY COMPARED TO THE MOVIE THEATER OPERATION.
UM, I KNOW WE'VE RECEIVED LOTS OF PUBLIC COMMENT REGARDING TRYING TO KEEP THE REGAL CINEMAS WHERE THEY ARE.
STAFF CANNOT DO ANYTHING TO FORCE, OR THE BOARD CANNOT DO ANYTHING TO FORCE A MOVIE THEATER TO REMAIN IN THIS LOCATION.
WELL, SO THAT, I HAVE A QUESTION ABOUT THAT.
'CAUSE WE GOT THOUSANDS OF EMAILS ABOUT THAT.
I MEAN, WHAT HAS THE, THE, THE CURRENT USER INDICATED ANY DESIRE TO STAY THERE? I MEAN, NOT THAT I'M AWARE OF.
BECAUSE THE LETTERS MAKE IT SEEM LIKE WE HAVE THE ABILITY TO KEEP THE THEATERS THERE AND NOT LET THEM DO WHAT THEY WANNA DO.
I GOT, AND WE DON'T HAVE THAT POWER.
AND I'D LIKE TO SAY SOMETHING ABOUT THAT AS WELL, BUT I'M JUST WANNA MAKE SURE I UNDERSTAND.
SO THE OP THE CURRENT OPERATOR IS NOT INDICATING ANY DESIRE TO STAY CORRECT.
SO THEY'RE THEY'RE LEAVING REGARDLESS.
SO IT'S A MATTER OF WHAT REPLACES IT OR JUST, I I DON'T WANT THE PUBLIC TO KNOW THAT WE'RE NOT GETTING RID OF YOUR MOVIE THEATER.
I USED TO GO TO THE MOVIES ALL THE TIME SINCE COVID, I'VE GONE TO THE MOVIES ONCE, SO NO, NO, NO, I UNDERSTAND THAT.
BUT, BUT THE, THE LETTERS FROM THE RESIDENTS WOULD SUGGEST THAT WE HAVE THE POWER TO KEEP THE MOVIE THEATER THERE AND WE DON'T, THEY'RE LATE.
WE JUST WANT THAT TO BE UNDERSTOOD.
'CAUSE I I, I HATE TO MAKE THE PUBLIC THINK WE'RE DISREGARDING THEIR CONCERNS AND EMAILS, BUT THEY'RE NOT REALLY SENSIBLE.
THEY'RE, THEY'RE LEAVING AND, YOU KNOW, I, MOVIES HAVE CHANGED OVER TIME.
UM, NOW WE HAVE STREAMING, WE HAVE NETFLIX, WE HAVE AMAZON, WE HAVE ALL THESE THINGS, AND WE'RE GONNA HAVE VACANT THEATERS ALL ACROSS THE COUNTRY.
I DON'T THINK PEOPLE REALLY REALIZE THAT IT'S GONNA TAKE SOME, YOU CAN EITHER HAVE AN EMPTY SPACE THAT'S GOING TO STAY THERE FOREVER, WHICH IT LIKELY COULD.
OR YOU COULD HAVE SOME, YOU KNOW, VISION.
SO I JUST WANT TO AGAIN, RIGHT.
SO, AND WE'D ALL LOVE THE THEATER THERE, BUT THEY'RE NOT STAYING THERE.
BEFORE YOU START ANY DISCLOSURES ON THIS ITEM, I USED TO GO TO REGAL ALL THE TIME.
THANK YOU SO MUCH, MR. CHAIRMAN.
AGAIN, MY NAME IS PAUL SAVAGE WITH OFFICES AT 200 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA.
AND BEFORE I GET INTO THIS PRESENTATION AND INTO THE NITTY GRITTY, THERE ARE FOUR THINGS THAT I WANT TO SAY.
NUMBER ONE, I WANNA RECOGNIZE AND THANK OUR CITY'S PROFESSIONAL STAFF, PRINCIPALLY MICHAEL BELU, AS HE AND DEBBIE TRANSITION.
UH, THEY HAVE WORKED TIRELESSLY IN A MANNER THAT AS THE BATON IS PASSED OVER, THE BATON IS NOT
[01:25:01]
BEING DROPPED.THEY ARE ACTUALLY COVERING DO ZOOMS AND MEETINGS AND EMAILS AND REVIEWS AND DOING DOUBLE WORK, ESSENTIALLY TO MAKE SURE THAT THE BUSINESS OF THE CITY IS PROMPTLY AND ACCURATELY CONDUCTED AND ALSO TO THE BENEFIT OF THE APPLICANT.
SO THANK YOU MICHAEL, AND THANK YOU DEBBIE, AND WE LOOK FORWARD TO DEBBIE JOINING US.
UH, SECONDLY, I WANT TO THANK THIS BOARD.
IT'S ALWAYS MY PLEASURE TO APPEAR BEFORE THIS BOARD, AND I APPRECIATE YOUR SOPHISTICATION AND YOUR SERVICE TO THIS BOARD.
IT'S MY PLEASURE TO SEE YOU AGAIN.
ITEM THREE IS, UH, IT SOUNDS LIKE THE BOARD GETS WHAT I WAS GONNA SAY, SO I'LL JUST MAKE IT VERY SHORT.
THE CINEMA IS LEAVING AS A MATTER OF PUBLIC RECORD IN THE FEDERAL BANKRUPTCY FILINGS NATIONALLY, BOTH THIS CINEMA OPERATOR AND OTHERS ARE IN VERY TOUGH TIMES SINCE THE PANDEMIC BY VIRTUE OF CULTURAL CHANGES AND EVOLUTIONS THAT WAS MENTIONED, UH, THE ADVENT OF STREAMING LEGACY MEDIA IS CHANGING AND EVOLVING.
AND SO THE CINEMA AS, AND I'VE SEEN ALL THE EMAILS AND I LOVE THE THEATER AND THE CINEMA, WE ALL LIKE TO GO THERE.
UM, BUT IT IS LEAVING AND CLOSING NO MATTER WHAT THIS APPLICATION DOES.
AND WE CANNOT COMPEL THAT BUSINESS TO BE FRUITFUL SO THAT IT SOUNDS LIKE YOU GOT IT.
AND THEN THE LAST AND FOURTH THING IS THAT THIS USE IS UNUSUAL.
UM, I DIDN'T UNDERSTAND WHAT IT WAS, AND THE NAME, UH, WASN'T CLEAR TO ME.
AND I WAS CONCERNED ABOUT SOME OF THESE POP-UP SO-CALLED MUSEUMS AND WYNWOOD, WHERE IT'S FOR INSTAGRAM AND YOU TAKE A PICTURE NEXT TO A 14 FOOT ICE CREAM CONE OR SOMETHING.
AND I THOUGHT MAYBE THIS WAS LIKE A LOW BUDGET, YOU KNOW, BAD CHOICE WE WERE GONNA HAVE TO MAKE.
BUT IN FACT, AS I CAME TO LEARN AND BECOME FRIENDS WITH MR. BURKE AND LEARN ABOUT HIS VISION AND HIS EXCELLENT ARCHITECT TEAM WHO HAS WORKED IN DISNEY UNIVERSAL STUDIOS AND OTHER FACILITIES WHERE PATRON MOVEMENT AND CIRCULATION IS REALLY THEIR BREAD AND BUTTER, THIS IS GONNA BE AWESOME.
IT'S GONNA HAVE NOT ONLY THE MOST ADVANCED TECHNOLOGICAL INTERACTIVITY THAT'S VERY NEWFANGLED, BUT ALSO ROOMS OF LEGACY BLUE CHIP ART THAT YOU WILL, YOU KNOW, IT WILL BE A PROPER BONAFIDE ART MUSEUM.
AND SO WE, YOU KNOW, WE'RE NOT GONNA HAVE THIS, THIS VACANT ODD BUILDING IN THE COMMUNITY.
SO, UM, WITH THAT, UM, I WANT TO GO AHEAD AND, AND CLICK THROUGH OUR PRESENTATION.
UH, THIS IS, UH, THIS IS A, A RENDER.
THIS IS A RENDER OF, UH, AND, AND STEVE WILL DESCRIBE, UH, SORT OF GOING THROUGH THIS, HOW LONG IT WILL TAKE AND, AND WHAT YOU'LL EXPERIENCE.
I HAVE BRIAN PARK HERE FROM BH PROPERTIES, UH, WHO'S BEEN A FANTASTIC OWNER OF THE FACILITY.
OF COURSE, STEVE IS HERE, UM, UH, WITH SUPERHUMAN.
UM, HE'S THE PRESIDENT AND PRINCIPAL OF THAT ENTITY.
UH, AND THEN WE HAVE OUR ARCHITECTURE FIRM, UH, LIKE I SAID, WHO'S DONE WORK IN DISNEY, THE LATEST UNIVERSAL PARK, AND INCLUDING THE HARRY POTTER, UH, PARKS.
UH, JUST QUICK QUESTION, IS THIS, DOES THIS CONCEPT EXIST SOMEWHERE ELSE, OR IS THIS SOMETHING BRAND NEW TO, UM, STEVE WILL GET, WE WILL GET TO THAT.
UM, THERE ARE PLACES, THERE'S ONE IN THERE, IT'S NOT HIS, BUT THERE ARE, THERE ARE EXAMPLES IN TOKYO AND AMSTERDAM.
THERE'S SMALLER EXAMPLES IN MIAMI.
UM, THIS NEW SORT OF EXPERIENTIAL WHERE YOU, AND THERE MIGHT BE LASERS, THERE MIGHT BE FOG, THERE MIGHT BE SMELLS, YOU KNOW, TO INTERACT WITH THE ART.
UM, SO, UH, JUST TO PUT OUR FEET ON THE GROUND, THIS IS THE SITE HERE.
I WILL SAY THAT IT SHOULD HAVE A LITTLE SLIVER CUT OFF WHERE THE BANANA REPUBLIC HIS, UH, CONTRIBUTING STRUCTURE IS, THAT IS NOT IMPLICATED IN THIS.
THIS IS ONLY THE MODERN, UH, NINETIES ERA THEATER BUILDING.
UH, WE'RE NOT TOUCHING THE, UH, THE ART DECO BUILDING ON THE END.
UM, JUST TO MAKE THAT CLEAR, THIS IS THE OLD SITE PLAN AS BUILT IN THE NINETIES, UH, WITH THE, UH, SEATING, ET CETERA.
UM, AND, UH, THOSE ROOMS ARE GOING TO BE ESSENTIALLY THE SAME EXCEPT ALL THE SEATING TAKEN OUT SO THAT YOU CAN HAVE CHANGEABLE EVENT, UH, DEMONSTRATION SPACES AND ART SPACES.
UM, THIS IS, UH, THE EXISTING CONDITION THAT WE ALL, UH, KNOW VERY WELL.
IT'S BEEN THERE SINCE THE NINETIES.
UM, IF YOU GO IN THERE NOW, THERE'S REALLY LIKE A SKELETON CREW LEFT, UM, UH, FOR THE MOVIES NOW.
UM, NOW, UH, WHAT WE'RE HERE AS MICHAEL BLU SUMMARIZED, WE'RE HERE ON A CONDITIONAL USE PERMIT TO ALLOW, UH, FOR ENTERTAINMENT AND ALCOHOL SERVICE, UM, AT THIS SITE.
UM, AND WITH THAT, I'M GOING TO, UM, TURN THIS OVER TO STEVE BURKE, THE PRINCIPAL OF SUPERHUMAN.
AND HE'S GOING TO, UM, TALK ABOUT
[01:30:01]
JUST WHAT THIS IS EXACTLY, UH, WHAT YOU CAN EXPECT TO EXPERIENCE AND THE FLOW THROUGH THE FACILITY.UH, I'M GONNA DO MY BEST TO SUMMARIZE FIVE YEARS AND MILLIONS OF DOLLARS OF MY INVESTMENT IN FOUR MINUTES AND 20 SECONDS.
UH, SO I'M GOING TO TRY AND GET THROUGH THIS AS QUITE FAST AS POSSIBLE.
IF YOU NEED MORE TIME, GO AHEAD.
UH, SO I'VE BEEN AN ART FAN AND AN ART ENTHUSIAST FOR THE LAST COUPLE DECADES.
I'VE BEEN TO 150 MUSEUMS WORLDWIDE.
AS YOU ALL MAY KNOW, EXPERIENTIAL, UM, HAS REALLY CAUGHT ON SINCE COVID AND THE ORIGINAL VAN GOGH MUSEUM, WHICH WAS ESSENTIALLY JUST PROJECTED IMAGES ON WALLS WITH SOME SCREENSAVER TYPE THINGS.
UH, THIS IS NOT WHAT SUPERHUMAN IS.
UM, SUPERHUMAN IS THE FIRST OF ITS KIND.
YOU ASKED, IS THERE SOMETHING SIMILAR? UH, I WOULD SAY IT'S SORT OF A BLEND BETWEEN TEAM LABS IN TOKYO AND THE MUSEUM OF MODERN ART IN NEW YORK.
NO ONE'S EVER MADE AN EXPERIENTIAL WITH STORYTELLING, WITH, UH, SHOW ELEMENTS, WITH DISNEY ARCHITECTS AND ENGINEERS, AND WITH PICASSO AND ANDY WARHOL AND ALEXANDER CAL CALDER, MARK AL JAKO VEGA.
WE HAVE MILLIONS OF DOLLARS OF ART COMING INTO THIS MUSEUM.
AND WHAT MAKES THIS REALLY UNIQUE IS WE'RE USING THE INFRASTRUCTURE OF THE EXISTING THEATERS.
WE'RE NOT CHANGING EVERYTHING.
WE'RE NOT DOING ANYTHING TO THE EXTERIOR.
WE ARE ESSENTIALLY GIVING YOU A ROOM BY ROOM EXPERIENCE WHERE YOU'LL GO FROM THEATER ONE INTO THEATER TWO, THEATER TWO INTO THEATER THREE, THREE INTO FOUR, ABOUT 50 PEOPLE PER GROUP.
SO IT'S NEVER GONNA FEEL CROWDED.
YOU WON'T JUST BUY A TICKET AND WANDER THE MUSEUM.
IT'S VERY, VERY, UH, ORGANIZED AND STRUCTURED THE SAME WAY YOU WOULD SEE A STRUCTURE OF TRAFFIC FLOW AT DISNEY WORLD OR UNIVERSAL ORLANDO.
AS YOU SEE, THIS IS OUR PROPOSED CIRCULATION.
SO I'M SURE WE ARE ALL FAMILIAR WITH THE REGAL.
THIS WAS MY THEATER THAT I WENT TWICE A MONTH FOR THE PAST, UH, UH, MAYBE 10 OR 15 YEARS UNTIL I STARTED NOT GOING TO THE THEATER.
AND I THINK WE'RE ALL A LITTLE BIT GUILTY OF THAT JUST FOR THE PUBLIC RECORD.
I AM NOT THE REASON WHY THIS THREE THEATER HAS STRUGGLED.
I'M NOT SUPERHUMANS NOT THE REASON WHY WE'RE REMOVING YOUR MOVIE THEATER.
UH, THIS IS A TREND THAT'S HAPPENING.
AND IF YOU GO ON A FRIDAY OR SATURDAY NIGHT, YOU WILL SEE THAT THE THEATER HAS 20, 30 PEOPLE AT MOST.
SO, UM, WHAT WE'RE PROPOSING IS TO NOT LET THE BUILDING GO DARK.
TO DO SOMETHING REALLY UNIQUE AND AMAZING, A HUGE INVESTMENT BOTH ON MY PART AND THE PART OF MY INVESTORS.
AND, UM, AND THE WAY WE'RE YOU DOING THIS EXHIBITION IS AS FOLLOWS.
SO YOU SEE THE VERY FIRST THEATER WHEN YOU GO UP THAT LONG ESCALATOR WILL ESSENTIALLY BE OUR TICKETING ROOM.
THIS IS WHERE YOU GET YOUR TICKET.
THIS IS WHERE YOU GET YOUR QR CODE SCANNED.
AND EVERY SINGLE VISITOR OF SUPERHUMAN WILL RECEIVE A BRACELET WITH NFC TECHNOLOGY THAT'S GOING TO TRACK YOUR EXPERIENCE THROUGHOUT THE FEEDER.
AND ALSO TELL US WHICH SCRIPTS WE'VE GIVEN YOU IN EACH OF THE ROOMS. WHY DO I MENTION THAT? BECAUSE SUPERHUMAN IS NOT A ONE AND DONE EXPERIENCE.
IF ANY OF YOU HAVE BEEN TO SUPER BLUE, YOU'VE NOTICED IT RARELY CHANGES.
YOU'LL GO ONCE AND YOU'VE SEEN IT.
WHAT WE'RE DOING WITH SUPERHUMAN IS TECHNOLOGICALLY UNIQUE.
EACH ROOM IS GONNA HAVE THREE OR FOUR DIFFERENT SCRIPTS PER ROOM.
AND WHEN YOU GET YOUR BRACELET AND YOU GO THROUGH THE MUSEUM, LET'S SAY YOU HAVE FRIENDS VISITING FROM NEW YORK, TWO MONTHS LATER, YOU'RE NOT GONNA GO, OH, I ALREADY WENT TO THAT SUPERHUMAN.
WE WILL MAKE SURE IT'S A COMPLETELY UNIQUE EXPERIENCE FOR THE VISITORS EACH AND EVERY TIME.
AND THAT'S SOMETHING THAT'S NEVER BEEN DONE BEFORE.
SO AS YOU SEE HERE, AFTER YOU GET INTO THE TICKETING ROOM, WHICH IS GONNA LOOK SOMETHING LIKE THIS, YOU GO INTO EXHIBIT NUMBER ONE, WHICH IS OUR SCANNING PODS.
WE HAVE 25 OF THESE SCANNING PODS, WHICH ARE DOUBLE-SIDED.
AND YOU'RE GONNA TAP YOUR BRACELET TO THE SCANNING POD.
AND THAT IS GONNA BE OUR WAY OF KNOWING HOW TO PERSONALIZE THE EXPERIENCE FOR YOU, BECAUSE YOUR FACE IS GOING TO APPEAR IN MANY OF THE EXHIBITS THEMSELVES.
WE HAVE A ROOM THAT'S GONNA LOOK LIKE A TRADITIONAL MUSEUM GALLERY.
YOU'LL BE ABLE TO TAP YOUR BRACELET AND BRIAN, YOU'LL BE IN THE MONA LISA WITH THE LONG HAIR LOOKING AT YOU AS YOU WALK BY.
YOUR WHOLE FAMILY CAN BE IN THE LAST SUPPER, AND THERE'S GONNA BE ORIGINAL PIECES AND DIGITAL PIECES COMBINED TO MAKE A REALLY UNIQUE TYPE OF GALLERY ROOM.
SO THESE SCANNING PODS IS THE FIRST PART OF THE EXPERIENCE, WHICH BEGINS THE HIGH TECHNOLOGY THAT'S GOING TO ALLOW SUPERHUMAN TO BE A DIFFERENT EXPERIENCE EVERY TIME.
AND TO CUSTOMIZE THE EXPERIENCE FOR EACH OF THE USERS.
THE IMAGE ON YOUR RIGHT IS A VOLUMETRIC SCREEN THAT'S GONNA BE HANGING FROM THE TREES.
THAT'S WHERE YOUR FACE WILL APPEAR IN THE TREE OF LIFE.
IT'S FIVE YEARS OF MY LIFE HAS GONE INTO THIS, SO I'M TRYING TO GET THROUGH IT AS QUICKLY AS POSSIBLE.
AND I'M NOT GONNA GO THROUGH THE ENTIRE CREATIVE PLANS.
BUT JUST GIVE YOU A BASIC IDEA OF WHAT MAKES THIS REALLY UNIQUE AND SPECIAL.
SEE, THESE ARE SOME OF THE OTHER RENDERINGS.
NOW THIS TUNNEL HAS ALREADY BEEN BUILT IN AMSTERDAM BY AN INCREDIBLE TEAM.
IT EXISTS IN THE AMAZE MUSEUM.
[01:35:01]
THE INSTALLATIONS THAT WE'RE DOING EXIST IN OTHER MUSEUMS AROUND THE WORLD.THEY'RE MY FAVORITE INSTALLATIONS.
SO WE'RE NOT REINVENTING THE WHEEL COMPLETELY.
WE ARE DESIGNING A LOT OF NEW INSTALLATIONS.
WE ARE, UH, DOING REALLY, REALLY AMAZING THINGS WITH THE ENGINEERS AND ARCHITECTS THAT WORKED FOR DISNEY AND UNIVERSAL.
BUT THIS PARTICULAR ONE HAS ALREADY BEEN BUILT AND IT'S SPECTACULAR.
HERE'S A RENDERING OF SHOWING WHAT A TRADITIONAL MUSEUM, UH, GALLERY WOULD LOOK LIKE.
BUT AS I MENTIONED, THIS IS GONNA BE A GROUP SHOW THAT ROTATES OUT EVERY NINE TO 12 MONTHS, FOUR DIFFERENT ARTISTS, AND YOU'LL BE ABLE TO APPEAR IN THE DIFFERENT ARTISTS', WORK ALONGSIDE THEIR TRADITIONAL OIL PAINTINGS AND ACRYLIC PAINTINGS.
THIS WAS A ROOM DESIGNED BY THE CREATIVE TEAM AT A OA, AS I MENTIONED, A OA ARCHITECTURAL TEAM FOR UNIVERSAL AND DISNEY.
THEY HAD A PART IN STAR WARS GALAXY EDGE.
THEY HAD A PART IN THE WONDER, UH, WIZARDING WORLD OF HARRY POTTER.
AND THIS IS A ROOM WE'RE USING PROJECTION MAPPING TECHNOLOGY, VOLUMETRIC SCREENS, JUMPING WATER AS YOU'D SEE AT EPCOT CENTER TO TELL A STORY ABOUT CONSERVATION.
THIS RENDERING IS A ROOM THAT'S ALREADY BEEN BUILT, IT'S CALLED TRUMPET FLOWERS, BUILT BY AN ARTIST DUO CALLED AMIGO AND AMIGO OUT OF AUSTRALIA.
EACH OF THOSE BUTTONS PLAYS A DIFFERENT MUSICAL SAMPLE.
SO 50 PEOPLE TOGETHER CAN PRESS THE BUTTONS AND PLAY JAZZ WITH ONE ANOTHER.
AND THAT LEADS ME TO, THIS IS A FAMILY FRIENDLY.
THIS IS A MUSEUM THAT WE ARE PUTTING ALONG THE LINES OF A MOMA OR A CHICAGO ART INSTITUTE THAT BECOMES A TOURIST ATTRACTION, BUT ALSO FRIENDLY FOR FAMILIES AND FOR FRIENDLY FOR RESIDENTS SO THAT IT BECOMES SOMETHING THAT WE CAN BE PROUD OF AS A CITY.
THIS ONE'S ALREADY BEEN BUILT.
AND WHAT MAKES THIS UNIQUE IS THAT WE COULD HAVE ON MONDAY, IT COULD BE JAZZ ON TUESDAY, IT CAN BE ELECTRONIC MUSIC ON WEDNESDAY, IT COULD BE COUNTRY MUSIC.
ALL THOSE BUTTONS CAN BE PROGRAMMED TO BE DIFFERENT MUSICAL SAMPLES AGAIN, SO THAT IT'S NOT THE SAME EXPERIENCE EVERY TIME YOU COME.
THAT'S, UH, A QUICK, UH, PRESENTATION.
SO YOU WANTED TO ROUTE, IS THERE A LIQUOR LICENSE AFFILIATED WITH THIS PRO THIS PROPERTY? THERE WILL GET ONE, YES.
AND THERE IS ONE WITH THE THEATER.
THE CODE IS AMENDED A WHILE AGO TO ALLOW, UM, THE THEATER TO SELL ALCOHOL.
AND WE'RE GONNA, A QUICK QUESTION NOW.
IS THIS SOMETHING WHERE PEOPLE JOIN AS A MEMBER, YOU PAY EVERY TIME YOU GO? OR H HOW DOES THAT WORK? SO WE'RE LOOKING AT TICKETS APPROXIMATELY 39 9 TO 49 99.
WE'LL HAVE ANNUAL MEMBERSHIPS.
WE ALSO BELIEVE WE'LL HAVE PRIVATE EVENTS IN THIS SPACE.
ART BASEL JAZZ FESTIVAL, UH, FOOD AND WINE FESTIVAL.
THEY WOULD'VE TO GET SPECIAL EVENT PERMITS FOR LIKE, THOSE TYPE OF THINGS.
ANYTHING OUTSIDE OF THE OCCUPANCY OR OURS WOULD REQUIRE SPECIAL EVENT PERMIT.
SO LET'S, UM, IS THERE ANYONE IN CHAMBERS TO SPEAK ON THIS ITEM? ANYONE ON ZOOM? IF HAVE SOME PEOPLE ONE SPEAKING, IF I COULD JUST CONCLUDE.
OH, WELL, HOLD ON IF YOU HAVEN'T CONCLUDED YOUR PRESENTATION CONCLUDE.
UH, SO RIGHT, SO IN CONCLUSION, UH, WE WOULD RESPECTFULLY REQUEST YOUR FAVORABLE ACTION ON THE, UH, APPLICATION FOR CONDITIONAL USE PERMIT WITH THE CONDITIONS AS OUTLINED BY STAFF, WHICH WE ACCEPT.
UM, AND I WAS GOING TO READ INTO THE RECORD A LITTLE BIT OF THE, UH, LINCOLN ROAD, UH, BUSINESS IMPROVEMENT DISTRICT.
UH, THEY SUBMITTED A LETTER INTO THE RECORD THAT THIS MUSEUM WILL BE A WELCOME AND CRITICAL, UH, COMPONENT OF THE ONGOING REVITALIZATION OF LINCOLN ROAD AND MAKE IT AN EVEN MORE ATTRACTIVE DESTINATION DURING ART BASEL AND OTHER ART THEMED FESTIVALS AND EVENTS.
AND THIS NEW CULTURAL VENTURE WILL SERVE BOTH LONGTIME VISITORS AND VISITING TOURISTS, ALL OF WHICH ARE CRITICAL TO THE CONTINUED IMPROVEMENT AND GROWTH OF THE LINCOLN ROAD BUSINESS COMMUNITY.
UH, RE THEY WERE VERY EXCITED.
THEY STARTED IMAGINING RESTAURANT RESERVATIONS BEING MADE AROUND A FAMILY VISIT TO THIS.
UH, SO IT, IT'S BEEN VERY WELL RECEIVED AND NO ONE CAN EXPLAIN THAT BETTER THAN LYLE WHO WILL BE ABLE TO EXPLAIN THEIR POSITION EVEN BETTER.
SO, UH, I WOULD JUST, I DON'T NEED TO COME BACK UP HERE, BUT IF THERE ARE PEOPLE WHO WE COMPLAIN OR HAVE A ISSUE, I WOULD LIKE A LITTLE BIT OF REBUTTAL.
IF THAT'S OKAY THROUGH THE CHAIR.
I WOULD, I'LL COME UP, BUT SINCE I KNOW THERE'S PEOPLE ON ZOOM, UM, I HOPE YOU'RE LISTENING.
IF YOU'RE COM, IF YOU'RE CALLING IN TO SAY, YOU KNOW, DON'T LET THE MOVIE THEATER LEAD, PLEASE UNDERSTAND THAT'S NOT, UH, AN ISSUE.
SO ANYONE ON ZOOM THAT WANTS TO TALK ABOUT THIS PROJECT, YOU'RE WELCOME.
BUT AGAIN, UH, YOUR COMMENT SHOULDN'T BE, DON'T LET US LOSE OUR MOVIE THEATER.
I DON'T WANNA LOSE THE MOVIE THEATER
I COME HERE BOTH AS THE PRESIDENT OF THE LINCOLN ROAD BUSINESS IMPROVEMENT DISTRICT, AND ALSO AS, AS A RESIDENT AND LONG-TERM BUSINESS OWNER ON THE BEACH, NO PUN INTENDED.
YOU KNOW, WHAT GOES INTO TAKING A PROJECT THIS SIZE OF THIS MAGNITUDE, BOTH IN TERMS OF CAPITAL AND UPLIFT AND CITY APPROVALS, ET CETERA.
I THINK THE REASON WHY WE'RE SO EXCITED ABOUT IT AT THE BID IS BECAUSE IT CHECKS SEVERAL BOXES.
[01:40:01]
A VERY, VERY DIFFICULT LARGE SPACE, WHICH WOULD BE VERY DIFFICULT TO BACKFILL BECAUSE OF ITS CONSTRUCTION, ESPECIALLY WITH THE KINDS OF USES THAT OUR CITIZENS HAVE SAID THEY DON'T WANNA SEE ON LINCOLN ROAD, THE BIG BOX TYPE USERS.IT GIVES US A SIGNIFICANT CULTURAL FOOTPRINT.
IT GIVES US, UH, AN INVESTOR, DEVELOPER, BUSINESS OWNER WHO'S, WHO'S WELL CAPITALIZED AS IT'S BEEN A TREMENDOUS AMOUNT OF TIME GOING THROUGH THE PROCESS.
SO WE'RE EXCITED ABOUT IT AND WE'RE, AND WHAT WE'RE, WHAT I'M ESPECIALLY EXCITED ABOUT IS THERE'S NO LAG TIME.
IF THEY CAN GET THROUGH THE CITY APPROVALS AND GET THROUGH THEIR BUILDING PERMITS, WHICH THEY'VE ALREADY STARTED THEIR DEMO PERMITS, THEN WE'LL BE ONE OF THE FEW CITIES IN THE COUNTRY THAT, THAT WILL HAVE A MOVIE THEATER BOX THAT, AS THE THEATER IS EXITING, WILL BE IMMEDIATELY REDEPLOYED AND BE REDEPLOYED IN THE USE THAT OUR CITIZENRY AND OUR TOURISTS WANT, WHICH IS CULTURE.
SO WE'RE EXCITED ABOUT THAT OPPORTUNITY.
WE'RE EXCITED FOR THE THEATER TO NOT BE EMPTY.
UH, LOOK, WE USED TO GO TO THE THEATER ALL THE TIME, QUITE CANDIDLY.
I, I DON'T, NOT SURE THE LAST TIME WE WENT OTHER THAN MAYBE TOP GUN.
SO WE'RE, WE'RE EXCITED ABOUT THIS PARTICULAR USE FOR THE BOX.
WE'RE EXCITED ABOUT WHAT STEVE AND HIS INVESTORS HAVE PUT TOGETHER AND WE'RE EXCITED ABOUT THE ABILITY TO, TO TELL THE WORLD THAT THIS IS WHAT'S COMING AND NOT HAVING FOR OUR COMMUNITY A BIG EMPTY BOX, UH, ON LINCOLN ROADS.
SO I URGE YOUR SUPPORT AND I THANK YOU FOR TODAY.
ANYBODY ELSE IN CHAMBERS? OKAY.
MY NAME IS LUCIA PRODO AND YOU'VE MADE IT QUITE CLEAR THIS IS GONNA BE APPROVED AND THE THEATER IS DEAD, AND THERE'S NOTHING THAT YOU CAN DO.
I JUST WANTED TO HIGHLIGHT THAT THIS THEATER HAS BEEN HERE SINCE 1999.
IN 2022, BH PROPERTIES TOOK OVER THAT AND ACQUIRED THAT THEATER IN 2023, THEY AGREED TO LOWER THE RENT AFTER RICO ALMOST BANKRUPTED.
AND FOR TWO YEARS THEY'VE BEEN PAYING WHATEVER THEY AGREED ON.
AND THERE'S BEEN NO THREAT OF THIS MOVIE THEATER CLOSING.
STEVE BURKE HAS BEEN ONLINE SMEARING THE THEATER, VERY HOSTILE, VERY, UM, JUST AGGRESSIVE DEMEANOR, WRITING TO PEOPLE ABOUT, YOU KNOW, HIS PROJECT THAT HE OBVIOUSLY WILL HAVE PASSED DUE TO ALL OF HIS EFFORTS.
BUT I JUST WANNA CLARIFY THAT AT THIS POINT, BEACH PROPERTIES IS THE LANDLORD TO REGAL.
AND IF REGAL CAN'T PAY WHAT THE SUPERHUMAN MUSEUM WILL PAY WITH ITS MILLIONS.
AND OBVIOUSLY WE UNDERSTAND HOW THE AMERICAN CAPITALISTIC SYSTEM WORKS.
AS STEVE TRIED TO HIGHLIGHT THAT NONE OF US UNDERSTAND THOSE OF US WHO WOULD LOVE THE THEATER TO STAY, WHICH UNDERSTOOD.
ALL I WANNA HIGHLIGHT HERE IS THAT EVEN IF REGAL WANTED TO STAY, THEY WOULDN'T BE ABLE TO STAY BECAUSE AGAIN, THEIR LANDLORD HAS WHATEVER, YOU KNOW, LEASE OR MONTH TO MONTH OR WHATEVER THEIR CURRENT SITUATION IS.
UM, THEY'RE EVEN HIRING ONLINE.
IF YOU GO SEE ON LINKEDIN, REGAL'S STILL HIRING FROM MIAMI.
YOU KNOW, I, I OBVIOUSLY, I DON'T KNOW WHAT THEIR FULL INVOLVEMENT IN IS.
I JUST WANNA SAY THAT THAT IS TECHNICALLY THEIR LANDLORD.
AND IF YOU'RE IN AN APARTMENT AND THEY SAY, HEY, IT'S GONNA BE $5,000 AND YOU CAN'T AFFORD THAT, THEN I UNDERSTAND THAT YOU HAVE TO LEAVE.
BUT IT'S NOT BY A FULL CHOICE.
BUT RATHER, HEY, WE'RE MAKING THIS SO EXPENSIVE BECAUSE WE'RE GONNA HAVE THIS IMMERSIVE THING WHERE IT'S GONNA BE $50 A POP TO GO VERSUS, YOU KNOW, A 10 TO $20 MOVIE TICKET.
AND I ALSO WANNA SAY THAT THERE'S A PETITION ONLINE THAT'S BEEN SIGNED BY 200 PLUS PEOPLE.
AS YOU SAID, YOU RECEIVE THOUSANDS OF EMAILS.
THE RESIDENTS DON'T WANT THIS MUSEUM, THE RESIDENTS WANT A MOVIE THEATER DESPITE THE DEFEAT.
UM, BUT I JUST WANTED TO SAY THAT.
AND YEAH, GOOD LUCK TO OUR COMMUNITY.
HOPEFULLY THIS ISN'T A TEMPORARY MEASURE TO ERASE 30 YEARS OF CINEMA.
LOU, LOU, HOLD ON, BECAUSE, UH, ELIZABETH WANTS TO RESPOND TO YOU.
CAN, UH, UM, I JUST WANTED TO SAY THAT I, I UNDERSTAND WHERE YOU'RE COMING FROM.
UM, I LOVE THE MOVIE THEATER ALSO, BUT THEY ARE BANKRUPT.
THEY HAVE FILED BANKRUPTCY AND THEY'VE DONE IT TWICE.
THEY'RE CLOSING THEIR THEATERS ALL ACROSS THE COUNTRY.
UM, AND AS MUCH AS NONE OF US WANT TO LOSE OUR THEATER, WE ARE LOSING THE THEATER.
SO IT DOESN'T, AND AND BY THE WAY, I DON'T KNOW IF YOU OR ANYBODY REALIZES THAT TO HAVE A MOVIE, EVEN TO GET A LICENSE TO PLAY THE MOVIE.
UM, YOU'RE IN THE NEGATIVE, YOU'RE IN THE, YOU'RE IN THE RED JUST BY HAVING IT AND TRYING TO STAY OPEN.
UM, WE, WE REALLY CAN'T HAVE A VACANT SPACE.
BUT HOW WOULD IT BE A VACANT SPACE IF REGAL HASN'T EVEN ANNOUNCED THEY'RE LEAVING? THEY'RE TECHNICALLY THEY BEING EVICTED.
YOU WANNA SEE IT THAT WAY? OR LIKE, THERE'S BEEN NO PUBLICITY ON THIS MEASURE WHATSOEVER.
LIKE, AND AGAIN, REGO IS STILL HIRING.
IF YOU'RE STILL, IF YOU'RE HIRING PEOPLE, DOESN'T, HOW DO YOU KNOW THAT THAT'S A, THAT'S A, I'M I'M NOT TRYING TO ARGUE WITH YOU.
[01:45:01]
YOU EVEN KNOW THAT THAT'S A, THAT'S STILL A CURRENT, UM, AD IT WAS 12 HOURS AGO ON LINKEDIN.AND IF YOU GO INTO THE THEATER, WHICH WE OFTEN GO, IT'S FUNCTIONING AS NORMAL.
THERE HASN'T, IN 2023, THAT'S WHEN THEY RELEASED THOSE MANY LIKE, YOU KNOW, NEWS ARTICLES SAYING REGAL'S BANKRUPT, THEY'RE LEAVING THIS, THEY'RE CLOSING ALL THESE THEATERS.
OH, REGAL SIGNED THE LEASE WITH BH PROPERTIES.
THERE'S BEEN NO ARTICLE SAYING THAT REGAL IS LEAVING THE MIAMI BEACH LIKE THEATER.
THE ONLY THING THAT'S BEEN BROUGHT UP IS THIS APPLICATION FOR THIS MUSEUM, WHICH WOULD THEN, RIGHT.
BUT MA, WHEN LOU, WHEN YOU SAY YOU'RE NOBODY WANTS THE MUSEUM, THAT'S UNDER THE ASSUMPTION THAT THE THEATER WOULD STAY.
DO I UNDERSTAND YOU? THAT'S THE ASSUMPTION THAT RIGHT NOW.
IT'S NOT THAT YOU'RE AGAINST THE MUSEUM, BUT YOU JUST DON'T WANT THE THEATER TO LEAVE.
AND ALSO, THERE'S SO MANY VACANT BUILDINGS IN MIAMI BEACH, AND STEVE BURKE HAS HIS EYES SET ON THE ONE MOVIE THEATER WE HAVE.
ONE IS THE LISA, DO YOU EVEN KNOW? I HAVE NO IDEA.
WE DON'T, WE DON'T REALLY CARE.
NO, I'M JUST SAYING, I MEAN, DID IS THE THEATER LOOKING TO VACATE AS SOON AS POSSIBLE? I HAVE NO IDEA.
ON A TECHNICAL MATTER, I, I DO NEED TO SWEAR IN LUCIA.
UM, AND WE CAN, LOU, DO YOU SWEAR THAT WHAT YOU TESTIFIED TO IS ACCURATE AND TRUE? DO I SWEAR TO WHAT? HI, SORRY.
DO YOU, DO YOU SWEAR THAT THE TESTIMONY YOU'VE JUST GIVEN IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I'M CONFUSED ABOUT THE TESTIMONY.
I'M SAYING WHAT I'VE READ ON LIE, I HAVE TO, I HAVE TO SWEAR YOU IN BECAUSE THIS IS A QUA, A JUDICIAL HEARING.
AND I DID NOT GET TO SWEAR YOU IN BEFORE YOU STARTED.
YOU CAN SAY YES YOU THAT, THAT'S WHAT YOU FEEL.
I DIDN'T HEAR ANYBODY ELSE BE SWORE IN THROUGHOUT THE MEETING.
SO SORRY ABOUT YOU'RE THE FIRST SPEAKER.
CAN I MAKE A COMMENT? I, I AGREE.
LET, LET'S FINISH THE ZOOM HEARING AND THEN WE'LL, WE WILL ALL COMMENT HERE.
DO YOU MIND IF I LET THE PUBLIC FINISH OR IS IT SOMETHING ABOUT THAT LAST SPEAKER? IT'S SOMETHING ABOUT THE LAST.
AND IT, AND IT JUST HAS TO DO WITH, AND MAYBE THEY CAN LARKIN'S TEAM CAN RESPOND, BUT WHAT IS MISSING IS BH GROUP SAYING THAT REGAL THEATERS WAS OFFERED A NEW LEASE AND THEY REJECTED IT.
REGAL THEATER, UH, SAID THEY WANNA WALK AWAY.
UH, HAS NOTHING TO DO WITH THE APPLICANT, BUT WE ARE TALKING ABOUT A IMPORTANT CIVIC.
I MEAN, WHEN I THINK ABOUT IT, I KNOW TIMES HAVE CHANGED AND I'M AN OLD PERSON, SO I'M GONNA MAKE A REFERENCE.
BUT EVEN MAYBERRY, RFD HAD A MOVIE THEATER AND MIAMI BEACH IS NOW GOING TO BE LEFT WITHOUT A MOVIE THEATER.
THERE ARE, THERE ARE MOVIE THEATERS ON BRICKLE, THERE'S SOME IN AVENTURA.
WHY, YOU KNOW, WE, THIS BOARD CANNOT CONTROL THAT.
BUT I THINK WE NEED AT LEAST AN EXPLANATION, NOT OF SUPERHUMAN, BUT OF THE OWNER.
AND DID HE MAKE A GOOD FAITH EFFORT TO KEEP A MOVIE THEATER THERE, TO TALK TO THEM, TO TALK TO A MC BEFORE THEY DECIDED TO DO THIS? NOT THAT WE CAN IMPACT IT OR THAT I'M A COMMISSIONER, BUT ISN'T THAT A MINIMUM REQUIREMENT? SHOULDN'T THE, THE, THE PEOPLE OF OUR CITY KNOW WHY WE'RE LOSING THIS MOVIE THEATER? AND IF IT IS OH YEAH.
REGAL'S CLOSING, THEY DON'T WANT TO BE HERE, THEN THAT'S, THAT'S GOOD.
I, I THINK KEITH, WHAT YOU'RE COMMENTING ABOUT IS ABOUT THE PLANNING OVERALL OF THE CITY, LIKE I SAID.
AND I THINK THOSE ARE DISCUSSIONS WE SHOULD BE HAVING.
I JUST THINK IT'S IMPORTANT TODAY BECAUSE THERE WAS SO MUCH CONFUSION IN THE LAST TWO MONTHS OF PEOPLE WRITING TO US.
AND KEEP BRINGING UP THE MOVIE THEATER AS A LOSS FOR THE CITY, WHICH IS, WHICH IS SOMETHING THE PLANNING BOARD NEED TO DISCUSS.
BUT FOR TODAY, I JUST THINK IT'S IMPORTANT THAT WE DON'T GO IN THE DIRECTION OF DISCUSSING THE TERMS OF BELIEFS FOR SOMETHING.
'CAUSE WE'RE GONNA HAVE, CALLERS ARE GONNA, AND SO IF WE'RE ENCOURAGING THAT KIND OF DISCUSSION, I'M NOT ENCOURAGING THE DISCUSSION.
I JUST THINK IT WOULD BE BENEFICIAL TO THE APPLICANTS, THE OF THE OWNER TO EXPLAIN TO THE COMMUNITY WHY REGAL IS LEAVING RESPECT.
THEY'RE NOT MAKING THINK THEY DON'T HAVE, BUT I THINK THEY DID EXPLAIN IT, WHICH IS THE BANKRUPTCIES, I MEAN, MOVIE AROUND.
I, I JUST, I MEAN, I MEAN, I DON'T THINK IT'S OUR BUSINESS TO GET INTO A LEASE AGREEMENT AND WHO HAD IT WAS OFFERING BETTER, YOU KNOW, LEASE TERMS OR WHATEVER.
I MEAN, IF WE, AS THE PLANNING BOARD, WE HAVE CERTAIN OVERSIGHT, IF WE WANT TO SUGGEST AN ORDINANCE THAT GIVES TAX INCENTIVES OR, OR FAR INCREASE TO MOVIE THEATERS, THEN THAT'S SOMETHING WE CAN RECOMMEND TO THE, BY THE WAY, THE SAME FOR GAS STATIONS, RIGHT? RIGHT.
THERE'S A LOT OF THINGS WE'VE SEEN OVER THE YEARS, YOU KNOW, DISAPPEARING OR THAT ARE IMPORTANT.
BUT HERE, YOU KNOW, WE, THERE'S A MOVIE THEATER THAT'S GONE BANKRUPT THAT'S BEEN STRUGGLING FOR YEARS.
IT'S A MASSIVE, MASSIVE SPACE.
MUCH MORE THAN THEY NEED IN THERE.
[01:50:01]
AND, YOU KNOW, IT JUST, THERE'S SOMETHING THAT'S REALLY GOING TO BE, SOUNDS REALLY INCREDIBLE, HUGE INVESTMENT TO THE NEIGHBORHOOD.THE BUSINESSES ON LINCOLN ROAD WANT IT.
AND THERE'S A HANDFUL OF RESIDENTS WHO I UNDERSTAND, YOU KNOW, WANT THIS OPPORTUNITY TO CONTINUE GOING TO THE MOVIES.
WHAT I WOULD SAY TO THAT, MY, MY SENTIMENT IS WE WANT THIS TO SUCCEED.
UH, ONE OF THE THINGS THAT I, WE ALL SEE OVER THE YEARS IS PROJECTS THAT CATER TO RESIDENTS AND, AND ENCOURAGE RESIDENTS TO COME AND VISIT.
THOSE ARE THE ONES THAT DO BETTER BECAUSE WORD OF MOUTH SPREADS.
YOU KNOW, JOE'S STONE CROWD HAS BEEN THERE FOR YEARS.
THEY'RE ACCESSIBLE BECAUSE YOU KNOW, EVERYTHING.
THERE'S CERTAIN THINGS ON THEIR MENU THAT THEY LEAVE ACCESSIBLE TO EVERYBODY.
AND SO, YOU KNOW, JUST ENCOURAGING YOU TO, YOU KNOW, ENCOURAGE RESIDENTS TO JOIN, TO COME FOR DISCOUNTED RATES ON CERTAIN WEEKEND, WHATEVER IT MAY BE.
BUT I THINK THAT'S WHAT'S GOING TO GET, YOU KNOW, COMMUNITY BUY-IN AND GET YOUR, YOU KNOW, SUPPORT FOR THE MANY YEARS TO COME, HOPEFULLY.
LET'S GO BACK TO PUBLIC HEARING.
YOU HAVE ANOTHER CALLER, UH, GRACE.
DO YOU SWEAR OR AFFIRM THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
SO I AM, I, I, OBVIOUSLY, I UNDERSTAND THAT, UM, WE CAN'T GO AGAINST WHAT THIS IS GOING ON, THAT THIS HAS ALREADY BEEN BASICALLY PASSED ON BY, UH, THE CURRENT, UH, LANDLORD.
BUT I THINK WHAT HAS HAPPENED HERE IS THAT THERE'S BEEN A LACK OF APPROACH TO THE COMMUNITY.
UM, LIKE I, WE, THE PREVIOUS PERSON MENTIONED THAT THERE IS A PETITION OUT THERE.
UM, IT'S BEEN SHARED ON FACEBOOK GROUPS.
PEOPLE HAVE BEEN OUTCRIED ABOUT THIS, THAT THEY DON'T WANT THE SUPERHUMAN MUSEUM.
UM, SOME PEOPLE HAVE SAID THAT THEY WOULD RATHER HAVE A THEATER THAT HAS MORE INDIE FILMS OR MORE DIVERSE FILMS, BUT THEY WANT THE ONE THEATER THAT WE DO HAVE IN OUR COMMUNITY, BECAUSE THE COMMUNITY THAT WE HAVE, THERE ARE A LOT OF SENIOR ASSISTANT, THERE ARE A LOT OF FAMILIES AND UNDERSTAND THE SUPERHUMAN MUSEUM, SO CICADA TO FAMILIES, THE YOUTH, TOURISTS, ET CETERA.
HOWEVER, I THINK WE ARE DOING A DISSERVICE FOR THE COMMUNITY THAT WE ALREADY HAVE THAT ALREADY SPOKEN OUT AGAINST IT.
AND, UM, THE INDIVIDUAL WHO WANTS TO MAKE THE SUPERHUMAN MUSEUM IS MAKING IT COMPETITIVE TO MOMA.
UM, BUT FORTUNATELY THEY DON'T HAVE ANY INDUSTRY EXPERIENCE WHEN IT COMES TO RESIDENTIAL ART
AND IT, IT'S DIFFICULT FOR A LOCAL TO BE UNDERSTANDING THAT BECAUSE IT'S, IT'S NOT SOMETHING THAT THEY'VE DONE IN THE PAST.
SO THEY'RE DOING SOMETHING COMPLETELY NEW.
WE DON'T KNOW IF IT'S ACTUALLY GONNA WORK OUT.
BUT YOU'RE TAKING THE ONE LAND OR ONE COMMUNITY GROUP THAT WE HAVE.
THE FILM IS INDUSTRY IS TANKING AS PEOPLE HAVE BEEN SAYING.
HOWEVER, I DON'T THINK THAT IS HAPPENING.
I THINK A LOT OF MORE YOUTHFUL PEOPLE ARE ACTUALLY BECOMING MORE FILM, UH, CINE, UH, CINEPHILES.
THEY'RE MORE INTERESTING IN FILM.
UM, JUST FOR INSTANCE, 35 MILLIMETER THAT'S COMING BACK.
LIKE THEY'RE, THEY'RE BOOMING IN SALES.
LIKE THOSE ARE THINGS ARE COMING BACK.
AND I THINK IF WE TAKE THAT AWAY FROM OUR COMMUNITY, WE'RE DOING A DISSERVICE TO THE COMMUNITY THAT'S ALREADY HAD AN OUTCRY.
GRACE, I HAVE A QUESTION, BUT YOU'RE, AGAIN, MAKING THE ASSUMPTION THAT THE THEATER WANTS TO STAY THERE.
IS THAT YOUR ASSUMPTION? UH, IT'S NOT AN ASSUMPTION.
THE THEATER, WHEN WE SPOKE TO, UH, SOME OF THE THEATER PEOPLE, THEY WERE SHOCKED TO HEAR THIS.
THEY HAD NO INFORMATION ABOUT THIS.
WHAT, WHAT DO YOU MEAN BY THEATER PEOPLE? DID YOU SPEAK SPEAK TO THE LANDLORD OR THE PEOPLE THAT RUN THE THEATER? I SPOKE TO THE, A FEW MANAGERS, AND THEY WERE SHOCKED BY IT.
THEY DIDN'T, DIDN'T EVEN HEAR ABOUT THE PROPOSAL.
UM, THEY
AND SO THERE HASN'T BEEN A LOT OF COMMUNICATION WHEN IT COMES TO THE COMMUNITY, NOR THE PEOPLE WHO ARE ACTUALLY HOLDING THE CURRENT LEASE.
AND WHEN WE SPOKE TO 'EM ABOUT IT, THEY SAID THEY'VE BEEN PAYING THEIR, THEIR LEASE.
AND, UM, THE THING IS, LIKE, THERE'S BEEN A LOT OF COMPLAINTS ONLINE TOO, ABOUT THE ESCALATOR NOT WORKING, THE AC NETWORKING.
SO THE LANDLORD'S NOT DOING THE JOB FOR REL TO HELP THEM BE A BOOMING BUSINESS.
LIKE I'VE BEEN IN THE BUILDING BEFORE AND COMPLAINED ABOUT THE AC AND THEY'RE LIKE, WE'VE TOLD THE LANDLORD AND THEY HAVEN'T TAKEN CARE OF IT.
SO THERE'S AN ISSUE FOR ME AS A RESIDENT WHO'S SEEING THIS HAPPEN TO A BUSINESS THAT THEY'RE NOT BEING HELPED OR SUPPORTED BY THEIR ACTUAL LANDLORD.
UM, THERE'S BEEN MULTIPLE REVIEWS SAYING THERE IS NO AC, THERE'S THE ESCALATORS AREN'T WORKING.
UM, WHICH IS AN ISSUE 'CAUSE THAT'S THE LANDLORD FOR US, IT'S A RESIDENT.
I JUST, UM, REGAL HAS ANNOUNCED IT'S CLOSING FOR THIS LOCATION.
UM, THE HIRING, UH, THAT Y'ALL ARE SEEING ONLINE MIGHT BE FOR OTHER LOCATIONS IN MIAMI.
IT IS ON THE CLOSING LIST AS PART OF THE BANKRUPTCY NOTICE, THEY REJECTED THE LEASE AS PARTY TO THE BANKRUPTCY.
SO I JUST WANTED, YEAH, SO WE JUST, WE JUST DON'T HAVE THAT POWER THAT YOU GUYS ASSUME WE HAVE.
I I THINK THE PEOPLE THAT ARE CALLING, YOU GOTTA MAKE SURE YOU'RE DETACHING YOUR SENTIMENT TO LOSING A BUSINESS THAT YOU, YOU WISH WAS STILL THERE TO
[01:55:01]
WHAT WE'RE REVIEWING TODAY.SO IF YOU TREAT IT AS A BUSINESS THAT YOU WERE HAPPY TO SEE LEAVE, YOU'D BE WELCOMING THIS NEW BUSINESS PROBABLY DIFFERENTLY.
SO I JUST THINK IT'S IMPORTANT PEOPLE ARE CALLING THAT, UM, THEY, THEY, THEY, THEY DISTINGUISH BETWEEN THE TWO HERE.
I'D SAY LYLE, YOU KNOW, FIND ANOTHER MOVIE THEATER.
LET, LET'S CONTINUE THE PUBLIC HEARING.
THAT CONCLUDES THE ONLINE CALLERS.
AND, AND I JUST WANTED TO, SO WAIT, ELIZABETH, JUST SO CAN YOU PUBLISH WHERE YOU'VE JUST, UH, THERE'S, THERE'S AN ARTICLE THAT, THAT I CAN SEND TO YOU GUYS FROM WHERE, UM, AND ALSO SO REGAL FORMALLY ANNOUNCED YES, THEY ARE CLOSING THIS LOCATION.
YES, THEY'RE CLOSING THIS, IT WAS REJECTED.
AND ALSO, I WANTED TO SAY SOMETHING, UM, IN RETAIL, THERE'S TRIPLE NET LEASING AND THE AC, THE ESCALATORS, ALL THAT KIND OF STUFF.
THAT'S THE TENANT'S RESPONSIBILITY.
AND THEY ARE NOT MAKING ENOUGH MONEY TO COVER THOSE COSTS.
SO, UM, I'M JUST, I JUST, I WANT PEOPLE TO UNDERSTAND NOBODY WANTS TO LOSE THE THEATER.
YOU KNOW, THERE'S ALL THAT SENTIMENTAL, YOU KNOW, STUFF WHERE YOU WANT TO GO AND HAVE POPCORN AND GET ALL THE EXTRA BUTTER IN THE BOTTOM IN THE MIDDLE AND ALL THAT STUFF.
BUT, BUT THIS IS, THIS IS 2025 AND ALMOST 26.
AND, AND THIS IS JUST, THESE ARE, THESE ARE CHANGING TIMES.
I JUST WANT EVERYBODY TO UNDERSTAND THAT I WANNA ASK FEW QUESTIONS.
I THINK IT'S IMPORTANT FOR PEOPLE TO UNDERSTAND BETTER THE CONCEPT OF, I MEAN, I, THIS IS NEW, BUT I MEAN, FOR HAVING EXPERIENCED SOME OF THE COMPARISON TO THE TEAM LAB IN TOKYO, AND THESE ARE USUALLY FANTASTIC, YOU KNOW, MUSEUMS THAT ARE, UH, UH, SENSORIAL, THAT ATTRACTS, UH, LOCALS ATTRACTS THE, UH, TOURISM.
AND, UM, I THINK THAT WHAT LINCOLN ROAD NEEDS ARE THE COMBINATION OF THOSE TWO THINGS.
AND SO I THINK WE'RE EXTREMELY LUCKY THAT WE'RE FINDING TENANTS TO FILL INTO THIS BIG LOCATION.
AND IF IT CAN BE DONE PRETTY QUICKLY.
SO I, I UNDERSTAND PEOPLE ARE UPSET ABOUT THE, THE MOVIE THEATER, BUT THIS IS NOT, THIS IS SOMETHING THAT MAYBE PEOPLE ARE THINKING IS GONNA BE GIMMICKY.
UH, BUT I THINK THAT WE ARE LOOKING AT A, UM, A BUSINESS THAT CAN HAVE A HUGE POTENTIAL IMPACT ON LINCOLN ROAD THAT WE NEED RIGHT NOW.
SO, SO JUST FOR THE EDIFICATION OF ALL THE PEOPLE CALLING IN, CAN YOU TAKE US OR EXPLAIN THIS, WHAT IS THE LA IS THE CURRENT LEASE WITH THE THEATER UP? WHEN DO YOU GUYS TAKE OVER IF THIS IS APPROVED? LIKE, SO, UH, WE DID HAVE SOME SLIDES PREPARED, UH, THAT ILLUSTRATE THAT, UM, THE OWNERSHIP IS IN THE RED BASED ON, UH, COLLECTION OF RENT, OWNERSHIP OF THE PROPERTY OR THE THEATER, THE OWNERSHIP OF THE PROPERTY, BH PROPERTIES.
WHICH IS ALSO MY CLIENT AND OWNS BOTH THE THEATER AND THE BANANA REPUBLIC ART DECO BUILDING.
WHICH IS NOT PART OF THIS APPLICATION, BUT, UM, WE HAVE PUT INFORMATION INTO THE RECORD TO SHOW THAT, AS THE CALLER DESCRIBED, OUR RENTAL INCOME IS BASED ON THE INCOME OF THE, OF THE PATRONS.
YOU KNOW, YOU KNOW, IT'S BASED ON THE SALES RATHER.
AND THAT BASED ON THAT EVER DECREASING STREAM THAT'S GETTING SMALLER AND SMALLER, THE CARRYING COSTS OF THE BUILDING AND WITH INFLATION AND IT'S A LARGE BUILDING IS GETTING LARGER AND LARGER.
I UNDERSTAND, I UNDERSTAND THE LANDLORD'S INTEREST, BUT YES.
MY QUESTION TO YOU IS, WHAT, WHAT'S THE CURRENT LEASE WITH THE MOVIE THEATER? OKAY, SO, UM, YEAH, SO I'M GOING TO GO AHEAD.
UM, I'M REALLY NOT COMPETENT TO ANSWER THAT EXACTLY.
SO I'M GONNA TURN OVER THIS TESTIMONY TO MY CLIENT, UM, A VICE PRESIDENT AT BH PROPERTIES.
AND HE'LL, HE'LL ANSWER THAT FOR YOU.
YEAH, I MEAN, YOU'VE SAT HERE AND HEARD THESE COMMENTS, SO I, I, I GUESS WHAT THE PEOPLE, WHAT I AND THE PUBLIC WANT TO KNOW IS, YOU KNOW, IS EVERY EFFORT BEING MADE TO KEEP THIS THEATER? IF THE THEATER SAID WE'RE OUT, THEN OBVIOUSLY THAT'S THE ANSWER.
BUT IF YOU COULD JUST KIND OF ELABORATE ON THAT SITUATION, IT'D BE GREAT.
UM, JUST INTRODUCE YOUR, YOUR NAME AND YOUR FULL AGE.
BRIAN PARK, EXECUTIVE MANAGING DIRECTOR.
I'M AN OWNER'S REPRESENTATIVE OF THE, OF THE LANDLORD OF 1100 LINCOLN.
WE ACTUALLY PURCHASED IT AS A NOTE.
WE DID A DEAN LOU FORECLOSURE AND HAVE OUTRIGHT OWNED IT FOR, CALL IT TWO YEARS.
AND THEN SINCE WE'VE OWNED IT, WE WENT THROUGH REGALS CHAPTER 11 BANKRUPTCY.
AND SINCE THEN HAVE GIVEN IT, I THINK IT WAS MENTIONED THAT THEY'RE ON A, UH, A VERY REDUCED RENT.
WE'RE, WE'RE NOT COVERING OUR OPERATING EXPENSES AND SIMILAR TO EVERYONE, JUST US AS A COMPANY.
THIS IS OUR FOURTH, MAYBE THIRD, UH, PROJECT THAT HAS A MOVIE THEATER BOX.
AND WE'RE WORKING WITH CITIES LIKE IN SEATTLE, UM, AND IN TAX IN DALLAS TO TRY TO REPOSITION THESE BOXES.
AND WE'VE BEEN WORKING WITH THIS PARTICULAR OPERATOR, UH, QUITE CLOSELY TO HAVE MOVIE THEATER SALES, UH, RETURN.
SO THEY'VE, SINCE THEIR BANK RESTRUCTURING, THEY'VE BEEN, WE'RE, WE'VE BEEN AT A LOSS OF REDUCED RENT, WHICH AT LEAST ALLOWS
[02:00:01]
THEM TO REBUILD THEIR SALES, WHICH THEY HAVEN'T DONE.THEY'RE NOT CLOSE TO PRE PANDEMIC LEVELS.
SO AT THE CURRENT STATE OF THEIR LEASE, THEY'RE MONTH TO MONTH, WE'VE LEFT THEM MONTH TO MONTH.
UM, THEY'RE LEASE EXPIRED TO BELIEVE AROUND MARCH, MARCH OR APRIL.
AND WE'VE BEEN MONTH, MONTH WITH THEM IN FOLKS.
JUST IN, IN FULL TRANSPARENCY, HAVE THEY INDICATED DESIRE TO LEAVE? OR WAS THEIR PREFERENCE JUST KEEP LOWERING THE RENT EVEN THOUGH YOU'RE OPERATING AT A LOSS AND THEY WOULD STAY THERE? YEAH, SO THEY, WE HAVE EXPRESSED AT SOME POINT WE HAVE TO GET TO, UM, EITHER CLOSE TO A MARKET LEVEL RENT OR AT LEAST A STEP, A PROCESS TO GET THERE.
THEIR SALES ARE NOT THERE AND THEY'RE NOT READY TO COMMIT TO, UH, GET THERE.
SO THAT'S KIND OF THE CURRENT STATE.
UH, THEY HAVE THREATENED TO CLOSE BECAUSE FOR THEM, YOU KNOW, I CAN'T SHARE TOO MUCH ABOUT THEIR STRUGGLE, BUT LET'S SAY THEIR BUSINESS IS HAVING CHALLENGES FOR VARIOUS REASONS, BOTTOM LINE, THEIR SALES ARE NOT.
SO IF, IF I UNDERSTAND THE LAW CORRECTLY, EVEN IF WE SAID NO TO THIS PROJECT, YOU AS A LANDLORD COULD, IF THEY'RE MONTH TO MONTH, YOU COULD JUST TERMINATE THEIR LEASE AND THEY'RE DONE ANYWAY.
THAT'S COMPLETELY WITHIN YOUR CONTROL AND POWER.
AND THEIR OR THEIRS, IT'S ACTUALLY MUTUAL.
BUT IF THEY'RE MONTH TO MONTH, I'M JUST SAYING IF IF THEY'RE NOT PAYING RENT AND YOU'RE LOSING MONEY, YOU COULD JUST TERMINATE THE LEASE.
SO I WANT EVERYONE TO UNDERSTAND THAT.
ANY OTHER QUESTIONS FROM THE BOARD? UH, WELL, JUST ONE MORE QUESTION TO CURIOSITY.
UM, AS A, NOT FOR THE BOARD, BUT SPEAKING AS A RESIDENT, THERE ARE OTHER, UH, COMPANIES LIKE A MC, UH, IS THIS THE, THE OTHER MOVIE THEATERS, THE NATIONAL CHAINS, THAT ARE NOT INTERESTED IN PICKING UP A MIAMI BEACH THEATER? HAVE YOU TALKED TO ANY OF THEM? HAVE THEY REACHED TO YOU? THERE'S CERTAINLY BEEN INTEREST TOO, BUT I, I THINK THE STRUGGLE HAS BEEN, UM, A COUPLE OF FACTORS.
MAINLY THE CAPITAL COSTS THAT THEY WOULD HAVE TO INVEST TO GET THE THEATER BACK TO NORMAL.
UM, AND THIS, THEY, THEY DO MONITOR THE SALES.
ALL THE, UH, TICKET SALES REVENUE IS PUBLIC INFORMATION.
SO THEY DO LOOK AT HOW THE THEATER'S PERFORMING, AND BASED ON THAT, THERE'S EITHER A VERY LOW RENT THAT IS PROPOSED THAT IT'S NOT AFFORDABLE FOR US, KIND OF THE SAME SITUATION.
THAT'S ULTIMATELY WHY WE DECIDED TO HOPE THAT REGAL WOULD IMPROVE THEIR SALES AND IMPROVE THEIR OPERATIONS.
SO THERE HAS, THERE'S BEEN INTEREST.
BUT THERE HASN'T BEEN A STRONG COMMITMENT TO PROCEED.
AND AS A RESIDENT, THAT'S THE TRANSPARENCY.
THEY HAVE TO BE ABLE TO COVER THEIR, THEIR, THEY HAVE TO BE ABLE TO COVER THEIR TAXES, THEIR INSURANCE, THEIR, THEIR COMMONARY MAY, SO IT WOULD BE FAIR TO SAY HAVE A BUSINESS.
WOULD IT BE FAIR TO SAY THAT EVEN IF THIS PROJECT WASN'T ON THE TABLE RIGHT NOW, THAT, THAT YOU ALL WOULD BE TERMINATING THE LEASE WITH A THEATER ANYWAY? OR YOU WOULD KEEP THEM THERE UNTIL YOU FOUND A, A TENANT THAT WOULD ACTUALLY PAY SO YOU COULD PAY WHAT YOU WANT? WE WOULD KEEP THEM THERE UNTIL WE FOUND A TENANT.
AND THAT'S KIND OF THE SITUATION THAT WE ARE IN CURRENTLY WITH THE SUPERHUMAN.
IT TOOK SOME TIME TO NEGOTIATE, GET TO A LEASE STRUCTURE.
THEY'VE OBVIOUSLY SPENT A TON OF TIME COMING UP WITH A PLAN TO PRESENT TO, UH, THE COMMUNITY AND, UM, AND WE'RE SUPPORTIVE OF IT.
BUT YEAH, WE'VE KEPT THEM MONTH TO MONTH IN HOPES, UM, OF EITHER THEIR APPLICATION APPROVED OR ANOTHER USER WOULD COME.
ARE YOU FINDING THAT, JUST SET OF CURIOSITY, ARE YOU FINDING THE, THE OTHER PLACES THAT YOU HAVE AND OTHER PARTS OF THE COUNTRY DIFFICULT TO LEASE? THAT'S A GOOD QUESTION.
I THINK EVERY MARKET'S DIFFERENT, I WOULD SAY.
BUT WHAT IS CONSISTENT IS THAT THE THEATER INDUSTRY AS A WHOLE HAS BEEN STRUGGLING.
THE SALES ARE JUST, THEY'VE CERTAINLY DONE THINGS, THE EMCS, UH, THE LANDMARKS.
THEY'VE CERTAINLY MADE REINVESTMENTS TO INCORPORATE FOOD AND BEVERAGE AND, UM, DOING ANYTHING THEY CAN TO BRING BACK PATRONS.
BUT I THINK YOU HAD MENTIONED IN YOUR INTRODUCTION, THE BEHAVIOR OF MOVIES, OF CONTENT WATCHING HAS JUST COMPLETELY CHANGED WITH THE INTRODUCTION OF ONLINE STREAMING, THE ACCESSIBILITY OF IT.
AND IT'S JUST THE BEHAVIOR HAS CHANGED.
THERE'S BEEN A HUGE PARADIGM SHIFT AS TO HOW PEOPLE WATCH MOVIES AND THAT'S JUST THE REALITY OF TODAY.
LISTEN, WE'RE ALL SAD TO SEE THE MOVIE THEATER GO, BUT YOU KNOW, THE ECONOMIC REALITY IS AGAIN, THAT WE DON'T REALLY HAVE THAT POWER TO STOP THIS.
UM, SOMEBODY WANNA MOVE IT? I'LL MOVE IT.
AND I WOULD LIKE TO ALSO SAY THAT, THAT HONESTLY WE SHOULD BE REALLY THRILLED THAT WE ARE NOT GONNA BE LEFT WITH AN EMPTY SPACE BECAUSE THAT'S, THAT'S THE REALITY AT SOME POINT, EVEN IF IT'S NOT IN TWO MONTHS OR EVEN FOUR MONTHS, IT'S LEAVING.
BUT I MEAN, STEVE, WE HAVE THE GONDOLA FROM DOWNTOWN TO BRING US TO THE, TO THE PC
I STILL REMEMBER THAT PROPOSAL, WHICH I THINK WOULD BE COOL.
YEAH, MANY EXCEPT FOR HURRICANES.
[02:05:01]
REMEMBER THAT HE ONCE PROPOSED TO HAVE A GUN GONDOLA FROM MIAMI TO THE BEACH.OH, THAT'S ATIC WHEN HE RAN FOR MAYOR.
UM, ALL RIGHT, SO WE HAVE A FIRST AND A SECOND.
CAN WE DO A ROLL CALL ON THIS ONE? SURE.
UM, THIS IS FOR APPROVAL BASED UPON, UM, STAFF CONDITIONS.
THANK YOU FOR THE TIME, PLEASE.
I THINK WE CAN GO BACK TO THE PROGRESS REPORT NOW.
OH, IS HE HERE? MICKEY? OH, MICKEY'S HERE.
UH, WE'RE GONNA GO BACK TO PROGRESS REPORT PLANNING.
10 18 18 MICHIGAN AVENUE AND 10 39 18TH STREET.
AND WE HAD A VERY INTERESTING DISCUSSION ABOUT WHAT THE PENALTY WOULD BE FOR THIS.
SO, WELL HOPEFULLY YOU'LL GET A RECTIFIED.
SO AGAIN, AS I INTRODUCED BEFORE YOU CAME EARLIER, UM, MICKEY, THIS IS BEFORE THE BOARD DUE TO, UM, THE VIOLATION WAS ISSUED FOR NON-COMPLIANCE WITH THE REQUIREMENTS FOR, UM, VACANT AND ABANDONED PROPERTIES, BUT NOT HAVING THE, UM, THE PROPERTY FENCED OFF.
AND WE SENT OUT A CARE LETTER TO THE APPLICANT BACK IN AUGUST.
ADVISE HIM TO APPEAR BEFORE THE BOARD TODAY FOR A PROGRESS REPORT, RECOMMENDING YOUR TESTIMONY FROM THE APPLICANT AS WELL AS MEMBERS OF THE PUBLIC.
AND THIS TIME RECOMMEND THAT THE PROGRESS WILL BE CONTINUED TO THE NOVEMBER 4TH MEETING.
THAT'LL TURN OVER TO, UH, MICKEY MARRO.
MEMBERS OF THE BOARD, MICKEY MARRERO HERE ON BEHALF OF I-R-S-I-R-R-S, THE, UH, STATE OF IRA ROSE AND, AND RITA, HIS WIFE.
SO, AS YOU MAY RECALL FROM WHEN WE HAD THE LOTS SPLIT HERE, THIS IS A VERY UNIQUE LOT SPLIT APPLICATION.
ORIGINALLY WASN'T THAT WE WERE TRYING TO DEVELOP ANYTHING AND CREATE NEW, NEW, NEW LOTS OUT OF NOWHERE.
THIS WAS JUST, THESE WERE ALREADY THREE LOTS, BUT THE PRIOR OWNERS DID ILLEGAL IMPROVEMENTS THAT WENT OVER THE PROPERTY LINES.
SO IN A VERY BROAD INTERPRETATION OF THE CODE, THAT DOES QUALIFY FOR LOT SPLITS.
SO WE WENT THROUGH THE PROCESS AND THAT HAD TO PREDICATE OUR HPV APPLICATION, WHICH WE DID.
AND NOW WE'RE IN THE HPV PROCESS.
WE'RE HOPING TO HAVE THAT HPV APPLICATION APPROVED ALREADY.
IT'S BEEN CONTINUED A COUPLE TIMES.
WE ARE SCHEDULED FOR NEXT, WE'LL BE IN THIS ROOM A WEEK FROM TODAY.
AND WE BELIEVE WE NOW HAVE STAFF'S SUPPORT FOR THE MODIFIED, UH, APPLICATION.
IT WILL INCLUDE MOST, MOSTLY DEMOLISHING THAT EXISTING HOME.
UM, IT IS A SINGLE FAMILY HOME THAT'S REMAINING AND REPLACING IT WITH ESSENTIALLY THE SAME TYPE OF HOME, BUT REBUILT ABOVE FLOOD AND NOW IN A MUCH BETTER CONDITION.
UH, SO, SO THAT'S, THAT'S WHAT'S BEFORE THE REASON THAT WE STILL HAVE THESE VIOLATIONS.
AND ACTUALLY WHILE I WAS, WHEN, WHEN I MISSED, WHEN IT WAS ORIGINALLY CALLED, I WAS MEETING WITH THE BUILDING OFFICIAL ON THIS VERY PROPERTY.
THE, THE REQUIREMENT IS THAT WE FENCE OFF, PUT A DECORATIVE FENCE TO COST A LOT OF MONEY.
WE'RE HOPING TO DEMOLISH THIS AFTER WE GET THE HPB APPROVED.
SO I'M OKAY WITH MICHAEL'S SUGGESTION OF NOVEMBER.
BY THEN WE WILL HAVE HAD A RULING FROM THE HPB.
IT JUST DOESN'T MAKE A LOT OF SENSE TO SPEND TENS OF THOUSANDS OF DOLLARS ON FENCING AND LANDSCAPING.
WE'RE PROPOSING TO COME IN AND DEMO IT RIGHT AFTER.
AND WE'D HAVE TO REDO ALL THAT FENCING AND LANDSCAPING.
IS THERE ANY FENCING NOW? WELL, THERE'S THE TWO HOMES.
THERE WAS THREE STRUCTURES ORIGINALLY.
THE ONES THAT WERE DEMOLISHED, YES, THEY'RE FULLY LANDSCAPED AND THEY COULD FENCE ALL THAT WAS DONE.
IT'S JUST A ONE REMAINING LOT THAT'S PENDING BEFORE THE HPB.
AND AGAIN, IF WE SPEND ALL THAT MONEY TO LANDSCAPE AND FENCE IT AND THEN DEMO IT SHORTLY AFTER, IT JUST DOESN'T MAKE A LOT OF SENSE.
SO WE'RE, WE'RE, WE'RE COMMITTED TO DOING ALL THOSE THINGS, JUST HOPING TO GET PAST, WE THOUGHT WE WOULD'VE HAD THE HPB APPLICATION APPROVED BY NOW.
BUT IT WAS CONTINUED A COUPLE TIMES, ONCE FOR QUORUM.
THE LAST TIME IN JULY, THE BOARD HAD SOME COMMENTS.
WE'VE, WE BELIEVE WE'VE ADDRESSED THOSE COMMENTS AND WE'RE SCHEDULED TO BE HEARD ON TUESDAY.
AND IF WE GET APPROVED THEN, THEN IT'S GONNA MOVE QUICKLY UNTIL HOPEFULLY GETTING THAT STRUCTURE DEMOLISHED, GETTING PLANS IN FOR THE NEW HOME.
AND THEN ALL THESE THINGS WERE RESOLVED THEMSELVES.
WE HAVE ANOTHER VIOLATION THAT MICHAEL DIDN'T MENTION, BUT THEY, BECAUSE ILLEGALLY TWO UNITS WERE ADDED.
THERE IS SINGLE FAMILY, SINGLE FAMILY HOMES DON'T NEED A 40 YEAR, BUT BECAUSE THE PRIOR OWNER ILLEGALLY ADDED TWO UNITS, WHICH WERE NEVER APPROVED BY ZONING, NEVER COULD HAVE BEEN PUT THERE.
BUILDING SAYS YOU HAVE TO DO A 40 YEAR, 'CAUSE IT'S MULTIFAMILY AGAIN, WE'RE HOPING TO DEMOLISH THAT BUILDING.
SO WE'RE NOT GONNA DO A 40 YEAR FOR THAT.
UH, BUT, BUT EVERYBODY UNDERSTANDS.
WE'VE BEEN WORKING VERY CLOSELY WITH STAFF.
THERE WAS A LOT MORE VIOLATIONS ON THESE PROPERTIES THAT HAVE BEEN RESOLVED.
I'VE BEEN WORKING VERY CLOSELY WITH CODE AND BUILDING AND THE MAGISTRATE, BUT IT'S A VERY UNIQUE SITUATION.
OUR CLIENTS INHERITED THIS PROPERTY FROM THE PRIOR OWNERS AND IT WAS IN VERY, VERY BAD SHAPE.
SO IT'S BEEN A LABOR OF
AND WE'RE, WE'RE ALMOST THERE.
SO WE'RE OKAY WITH HIS RECOMMENDATION TO COME BACK IN NOVEMBER.
WE'LL HAVE A LOT MORE INFORMATION.
ANYBODY HERE IN CHAMBERS SPEAK ON THIS ITEM? IS THERE ANYBODY ON ZOOM? THERE'S NOBODY ON ZOOM.
WE DID RECEIVE AN EMAIL FROM A NEIGHBOR REGARDING CONCERNS WITH THE APPLICATION AND I WENT BY THE PROPERTY IF, AND IT'S A MESS.
YEAH, WE, WHAT I WAS GONNA SAY IS THAT EVEN THOUGH WHETHER OR NOT YOU GUYS ARE DEMOLISHING OR NOT, THERE'S A RESPONSIBILITY TO THE NEIGHBORHOOD TO, TO MAKE NOT LET IT BE AN EYES OR YEAH.
[02:10:01]
YOU GUYS ARE CAN'T PUT FENCES LIKE BASIC FENCES AND CIOS AND YOU'RE LOOKING TO PUT MONEY INTO A WHOLE DEMO, DEMO AND RECONSTRUCTION, I MEAN, COME ON.IT'S JUST A MINIMUM OF, YOU GUYS CAN BE DOING, BUT IT'S NOT A BASIC FENCE.
WHAT IT IS, IS A, IT'S A DECORATIVE FENCE AND IT'S FULLY LANDSCAPING.
IT'S, IT'S, WHEN YOU HAVE A VACANT SITE, THAT'S WHAT YOU HAVE TO DO.
LET ME CLARIFY SOMETHING THOUGH.
UM, SO BEFORE THEY COULD DEMOLISH THE STRUCTURE, THEY HAVE TO GET THE APPROVAL FROM THE STORE PRESERVATION BOARD.
THEY HAVE TO GET THE FULL BUILDING PERMIT FOR THE NEW CONSTRUCTION, THEN THEY COULD DEMOLISH THE SITE.
IT'S NOT, IT'S GONNA BE A LONG TIME BEFORE THEY DEMOLISH THE BUILDING.
SO I THINK THEY SHOULD TAKE, MAKE AN EFFORT TO INSTALL LIKE A, A WOOD FENCE, WHICH THEY COULD DO SOMETHING THAT HAS, YOU KNOW, YOU KNOW, UM, NOT AS EXPENSIVE AS A METAL FENCE, BUT SOMETHING THAT WOULD FENCE OFF THE PROPERTY, COMPLY WITH THE MINIMUM STANDARDS BECAUSE IT'S GONNA BE SOME TIME BEFORE THEY'RE ABLE TO DEMOLISH THE HOUSE A HUNDRED PERCENT AND AT LEAST, YOU KNOW, SATISFY THE INDUSTRY A HUNDRED PERCENT.
THAT SHOULD BE PROPERTY, THAT SHOULD BE PART OF THE COST THAT'S INVOLVED.
I MEAN THESE ARE, YOU KNOW, I HAVE THESE THINGS IN NORTH BEACH, THEY'RE, AND ALL OVER THE BEACH.
THESE ARE JUST PROPERTIES THAT ARE JUST, JUST A WRECK.
I MEAN, TAKE SOME RESPONSIBILITY AND JUST DO WHAT'S RIGHT.
SO, AND I WILL SAY WE HAVE, WE, WE GET CONSTANT REQUESTS FROM CODE.
WE'VE BOARDED UP THE WINDOWS, WE'VE KEPT THE PROPERTY, UH, SAFE.
THERE'S SOME, THERE ARE SOME WOOD PANELS THERE THAT ARE TEMPORARILY THERE JUST BECAUSE IT DOES KEEP THE VAGRANCY OUT.
SO WE'RE, WE'RE, WE'RE, AGAIN, THERE WAS PROBABLY 90% OF THE THINGS WE'VE BEEN ASKED TO DO.
THEY'VE DONE, THEY'VE GOT A FULL PERMIT FOR A BRAND NEW SEA WALL THAT'S, YOU KNOW, THAT THAT JOB'S THE SIX FIGURES.
THERE'S A LOT THAT'S GONE INTO THIS.
AND AT SOME POINT, YOU KNOW, WE JUST, ONCE WE GET THAT HPBI THINK MICHAEL'S RIGHT, WE'LL WORK WITH YOU TO FIND DEFENSE.
THAT'S REASONABLE BECAUSE YES, PLANS HAVE TO COME IN, BUT THEY'RE GOING TO DEMO IT.
SO WE, WE WANNA MAKE IT AS REASONABLE AS POSSIBLE.
DEMO THAT WE'LL WITH, I THINK AT SOME POINT, VERY, VERY IN THE NEAR FUTURE, YOU SHOULD COME IN TO SEE, YOU KNOW, I THINK THERE'S A PORTION, ISN'T THERE A PORTION OF THE FENCE THAT'S THERE? SO CAN YOU ADD TO THE FENCE OR YEAH, THE 1810 AND 1818, IT'S FULLY, IT'S FULLY FENCED BECAUSE THOSE BUILDINGS CAME DOWN.
WE LANDSCAPED IT, WE PLANTED ALL THE TREES AND, AND ALL THAT'S BEEN DONE FOR BETTER PART OF YEAR.
BUT I THINK YOU COULD WORK WITH US TO INSTALL THE MINIMUM NECESSARY, UM, FENCING REQUIREMENTS TO SECURE THE PROPERTY.
SO WE'LL MEET WITH YOU GUYS, YOU KNOW, IDEALLY, I THINK WE'LL BE INFORMED BY WHAT HAPPENS NEXT TUESDAY AND THEN GO FROM THERE AND WORK WITH YOU TO FIND A FENCE.
SO I THINK, UM, GO AHEAD SCOTT.
EVENTUALLY YOU'RE GONNA PUT UP A CONSTRUCTION FENCE THERE.
SO, I MEAN, I'M OKAY, EVEN IF IT'S NOT A WOOD FENCE, SOMETHING TO GO UP THERE, BUT IT HAS TO LOOK HALFWAY DECENT.
MAYBE EVEN A CHAIN LINK WITH THE, UM, THE MESH ON IT.
SOMETHING THAT REALLY SHOULD IT CAN, IT CAN'T BE.
IT HAS TO BE A CODE AND THAT, AND THAT'S EVEN ATTEMPT EVEN A, THEY CAN'T DO A CONSTRUCTION FENCE 'CAUSE THEY DON'T HAVE A BUILDING PERMIT YET FOR THE SITE.
AND SO MICHAEL, WHAT DO YOU WANT US TO DO HERE? I WOULD SUGGEST, UM, CONTINUING THE APPLIC THE PROGRESS REPORT TO NOVEMBER RIGHT.
WITH A DIRECTION FOR THE, FOR THE PROPERTY OWNER TO COME IN TO GET A PERMIT TO, FOR A FENCE THAT'S MINIMALLY COMPLIANT, COMPLIANT TO SECURE THE PROPERTY AND CLEAN BEFORE THE NOVEMBER MEETING.
ALRIGHT, SO YOU WANNA MOVE IT? NO, I'LL MOVE THAT.
ANYONE OPPOSED? ALRIGHT, SO YOU GOT YOUR MARCHING ORDERS.
[21. PB25-0775. 801 South Pointe Drive, Unit CU-2.]
PLANNING BOARD 25 0 7 7 5 8 0 1 SOUTH POINT DRIVE, UNIT CU TWO.AND THIS STAFF BOARD BEGINS ON PAGE, UM, 127 OF THE BOARD PACKAGES.
THIS APPLICATION FIRST BECAME, FIRST CAME BEFORE THE PLANNING BOARD BACK ON MARCH 28TH, 2023 FOR A CUP, FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT FOR A RESTAURANT LOCATED AT, UM, TWO OF THE EXISTING GROUND LEVEL COMMERCIAL SPACES AT 8 0 1.
UM, SOUTH POINT DRIVE AT THAT TIME, DUE TO CONCERNS OVER RESIDENTIAL UNITS ABOVE THE BOARD HAD SEVERAL CONDITIONS OF APPROVAL IN INCLUDING PHYSICAL MODIFICATIONS REQUIRED WITHIN THE SPACE TO MAKE SURE THAT THE SOUND FROM WITHIN THE SPACE WAS NOT AFFECTING, UM, RESIDENTIAL UNITS ABOVE.
WAIT, MIKE, WHAT WAS IN THIS SPACE BEFORE? UM, ANOTHER RESTAURANT I BELIEVE.
WAS THIS RED OR IT WAS, IT WAS VACANT FOR LONG? NO, THIS IS, NOTHING'S EVER BEEN IN THIS SPACE.
THIS VACANT RED IS ACROSS THE, IT'S THE SAME BUILDING, BUT IT'S TOTALLY VACANT.
SO, UM, A LONG, HOW LONG HAS IT BEEN VACANT SINCE THE BUILDING WAS BEEN BUILT? SO THIS IS A, THIS, THIS IS THE FIRST APPLICANT.
SO THE, THE SOUND STUDY THAT WAS INITIALLY PROVIDED BASED UPON THE RECOMMENDATIONS FOR THE PHYSICAL IMPROVEMENTS WAS BASED UPON CERTAIN SOUND LEVEL.
THE APPLICANT HAS SINCE REVISED THAT SOUND LEVEL DOWNWARD AND HAS SINCE SUGGESTED MODIFICATION TO THOSE CONDITIONS BASED UPON THE LOWER SOUND LEVELS.
UH, WE DID HAVE THAT SOUND STUDY REVIEWED BY OUR PEER REVIEW PEER REVIEWER ARPEGGIO.
THEY AGREED WITH THE, UM, THE SOUND STUDY, THE REVISED SOUND STUDY SUBMITTED, BUT THEY DID HAVE SOME ADDITIONAL RECOMMENDATIONS THAT WE'VE INCORPORATED INTO OUR CONDITIONS OF APPROVAL.
[02:15:01]
THAT THESE, THESE, THE FLOOR MOUNTED SUB ROOFERS BE INSTALLED IN VI VIBRATION ISOLATING MOUNTS, AS WELL AS THE DECOMMISSIONING EXERCISE FOR THE SOUND SYSTEM, UM, SHOULD BE DONE UTILIZING, UM, PRECISE SOUND LEVEL LIMITS IN TERMS OF BOTH DVA AND DVC TO ASSURE THAT BOTH HIGH AND LOW LEVEL FREQUENCY SOUND TRANSMISSION TO THE RESIDENCE IS CONTROLLED.WE INCLUDED THOSE REVISED CONDITIONS IN OUR CONDITIONS OF APPROVAL ALONG WITH THE APPLICANT'S REVISED CONDITIONS IN TERMS OF THEIR PHYSICAL IMPROVEMENTS.
SO WE ARE RECOMMENDING THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS THAT WE HAVE THE REVISED CONDITIONS NOTED IN OUR STAFF REPORT.
STARTING, STARTING ON PAGE 135 OF THE BOARD PACKAGES THAT'S TURNED OVER TO OKAY.
BEFORE YOU START ANY DISCLOSURES ON THIS ONE? YEAH, UM, COUPLE, ONE, THIS, I WAS ON SONA WHEN THIS FIRST CAME TO APPROVE.
THIS HASN'T GONE BACK TO SONA.
UH, I DID GET AN EMAIL, I DON'T KNOW IF ANYONE ELSE DID FROM, UH, NICK AND I ASKED ONE QUESTION, WHICH I THINK IS PERTINENT.
I CAN STATE IT NOW IF YOU LIKE, BUT I ASKED IF THE NEIGHBORS HAD A APPROVAL ABOVE OF THIS CHANGE AND NICK CAN REPLY TO THAT, BUT I CAN STATE THAT IT NORMALLY, THIS, THIS WOULD GO TO SONA AND IT DID NOT.
AND I THINK IT'S BECAUSE IN MY PERSONAL OPINION, UH, THAT THE NEIGHBORS DID NOT GIVE AN AFFIRMATIVE.
IT DOESN'T MEAN THAT WE DON'T HAVE TO AGREE OR DISAGREE ON, ON THE PLANNING BOARD, BUT I DO WANT TO DISCLOSE THAT THE NEIGHBORHOOD WAS NOT IN INVOLVED.
JUST, JUST SO YOU KNOW, WHEN I ASKED FOR DISCLOSURE, IT'S WHETHER YOU HAD COMMUNICATIONS WITH, I DID COMMUNICATE WITH HIM AND HE TOLD ME THAT THERE WAS AN ISSUE WITH MARIA AND THEIR HOMEOWNERS ASSOCIATION.
ANY OTHER DISCLOSURES? I GOT AN EMAIL FROM NICK BUT DIDN'T RESPOND.
I SENT NOT ASSOCIATION EVERYONE THE SAME.
IF ANYONE DID RECEIVE AN EMAIL ABOUT THIS APPLICATION, UM, WHAT'S THAT? IF ANYONE DID RECEIVE AN EMAIL ABOUT THIS APPLICATION, THOSE NEED TO BE FORWARDED TO STAFF SO THEY CAN BE MADE A PART OF THE RECORD SINCE THIS IS A OH, I'LL, I'LL FORWARD ME.
I ALWAYS ASSUME THEY COPY STUFF, SO I DIDN'T GET AN EMAIL.
MAYBE I GOT YOUR ADDRESS WRONG.
NO, UH, NICHOLAS RODRIGUEZ, 200 SOUTH BISCAYNE BOULEVARD REPRESENTING GAIA MIAMI BEACH.
UH, I'M JOINED TODAY BY CONNOR BROWN, OUR PROJECT MANAGER, ALEXI POV, UH, FROM OWNERSHIP WHO ARE JOINING US VIA ZOOM, AND ANDY SWARDLOW, OUR ACOUSTICAL CONSULTANT.
AND LAST BUT NOT LEAST, MY COLLEAGUE MICHAEL LARKIN.
UH, IF WE COULD PLEASE CALL UP OUR PRESENTATION.
SO WE, AS MICHAEL MENTIONED, WE ARE HERE ASKING FOR A MODIFICATION TO A CUP THAT WAS APPROVED BACK IN 2023.
UM, GAIA IS PERMITTED AND BUILDING OUT THEIR SPACE, THEY TOOK A PAUSE ON BUILDING OUT THE SPACE, UH, WHEN THE COST OF, OF INSTALLING THIS, UM, ADDITIONAL SOUNDPROOFING THAT THEY HAD AGREED TO.
AND THE ORIGINAL CUP, UH, WAS JUST TOO MUCH FOR 'EM TO BURDEN.
SO THEY HAVE ACTUALLY STOPPED THEIR CONSTRUCTION, UM, AND ARE SEEKING THIS MODIFICATION, BUT THEY ARE HOPING TO PICK IT BACK UP AND OPEN, UH, BEFORE THE END OF THE YEAR.
THE SPACE IS SUBSTANTIALLY BUILT OUT.
UH, JUST FOR CONTEXT, THIS SPACE IS AT THE CORNER OF WASHINGTON AVENUE AND SOUTH POINT DRIVE.
IT'S A REALLY PROMINENT CORNER.
UH, IT'S KIND OF SAD TO SEE THAT THIS SPACE HAS NEVER BEEN ACTIVATED ON THIS PROMINENT CORNER.
UM, AS WE KNOW, YOU KNOW, EMPTY STOREFRONTS ARE NOT GOOD.
UH, IT'S BEEN KIND OF A RESTAURANT ARMAGEDDON THIS SUMMER.
UH, SO GAIA IS ENTERING A DIFFERENT MARKET FROM WHEN THEY ENTER, UH, GOT THE COP APPROVAL.
UH, SO THEY'RE LOOKING AT WAYS TO, UH, IMPROVE THEIR CHANCES, UH, AND STAYING POWER ON AND KEEP THIS PROMINENT CORNER ACTIVATED.
AND YOU SEE THAT'S, UH, THE RENDERING THAT WE PREVIOUSLY PRESENTED OF WHAT IT'LL LOOK LIKE WHEN IT'S ACTUALLY THERE.
UH, SO THE REQUEST TODAY IS REALLY TO MODIFY CONDITION SIX OF THE ORIGINAL APPROVED CUP, UH, TO MAKE IT MORE APPROPRIATE FOR THE TYPE OF RESTAURANT THAT'S ACTUALLY PROPOSED.
UH, AND WHAT HAPPENED IN 20 22, 20 23 WHEN WE, UH, FIRST SUBMITTED THIS APPLICATION WAS THAT THE SOUND CONSULTANT REALLY, UH, DID A SOUND STUDY AND ASSUMED THE WORST CASE SCENARIO.
UH, THEY REALLY MODELED IT AND, AND DESIGNED AND MADE RECOMMENDATIONS BASED ON LIKE A POPPY STEAK OR A KOMODO, OR A MUCH MORE ROWDY AND, UH, LIVELY ATMOSPHERE THAN WHAT IS REALLY EXPECTED AT THIS RESTAURANT.
THIS RESTAURANT IS A FINE DINING ESTABLISHMENT.
IT'S MORE LIKE CATCH OR JOE'S.
UM, YOU, YOU'LL SEE SOME OF THE INTERIOR RENDERINGS THAT WE PRESENTED, UH, LAST TIME BEFORE THE PLANNING BOARD.
AND SO THE SOUNDPROOFING CONDITIONS IN CONDITION SIX OF THE ORIGINAL CUP, THEY WERE DIRECT COPY AND PASTE OF OUR SOUND CONSULTANTS RECOMMENDATIONS FOR A MUCH LOUDER RESTAURANT.
UH, WHAT HAS COME TO LIGHT IS THAT THE RESTAURANT WILL BE A TYPICAL FINE
[02:20:01]
DINING RESTAURANT, UH, JUST LIKE A JOE'S OR A, A CATCH, WHICH NORMALLY DON'T PROVIDE ANY SOUNDPROOFING.BUT GIVEN THE FACT THAT WE HAD RESIDENTIAL UNITS ABOVE, WE HAVE ALWAYS BEEN COMMITTED TO PUT SOUNDPROOFING IN AND MAKE SURE THAT THOSE RESIDENTS ABOVE DO NOT HEAR THIS RESTAURANT AT ALL.
SO TO BE CLEAR, THE STANDARD HERE IS NOT CHANGING.
THE UNIT OWNERS ABOVE WILL NOT HEAR THIS RESTAURANT, UH, AND OUR SOUND CONSULTANTS REPORT AND THE CITY'S PEER REVIEWER AGREE THAT AS PRESENTED, THE THE UNITS ABOVE WILL NOT HEAR THIS RESTAURANT.
UM, AND WE'RE AGREEING TO ALL OF STAFF'S CONDITIONS.
WE HAVE ONE TWEAK, UH, TO CONDITION SIX A THREE.
WE CAN RETURN TO THAT AT THE END IF WE LIKE, BUT I JUST WANTED TO MAKE YOU GUYS AWARE, UH, JUST IN TERMS OF THE MEASUREMENT OF THE AVERAGE DISTRIBUTED SOUND LEVEL RATHER THAN JUST ONE POINT SOURCE MEASUREMENT OF 75 DBAS.
UM, BUT WE CAN RETURN TO THAT AT THE END.
SO JUST TO FAMILIARIZE YOU ALL WITH THE FLOOR PLAN HERE, UH, THIS RESTAURANT, ALTHOUGH IT HAS 234 SEATS, 30 OF THOSE SEATS ARE OUTSIDE, SO THEY DON'T EVEN, AND THEY'RE, WE ARE ALREADY VOLUNTARILY COMMITTED TO NOT HAVE ANY MUSIC OUTSIDE.
SO THOSE 30 SEATS ARE NOT A PART OF THE ANALYSIS OF THE AMOUNT OF SOUND THAT'S BEING GENERATED INSIDE THE RESTAURANT.
THE RESTAURANT IS ALSO DIVIDED INTO MULTIPLE SPACES.
UH, SO THERE'S NOT REALLY ONE BIG DINING ROOM WHERE THERE'S 200 SEATS AND PEOPLE TALKING OVER EACH OTHER AND LOUD MUSIC, IT'S REALLY DIVIDED INTO A MAIN DINING ROOM, A BAR AND SMALLER SPACES WHERE THE SOUND IS EXPECTED TO BE MORE CONTAINED.
UH, SO WE ARE AWARE OF A LETTER THAT WAS SUBMITTED BY THE MARIA CONDOMINIUM AND, UH, WE DO BELIEVE THAT SOME OF THE ASSUMPTIONS, UH, AND CONCLUSIONS IN THAT, IN THAT LETTER ARE, UH, INCORRECT.
AND ONE OF THOSE, THE THINGS MENTIONED IN THE LETTER IS THAT THIS IS A 234 SEAT RESTAURANT AND EVERYBODY WILL BE IN THE SAME ROOM YELLING OVER EACH OTHER, YELLING OVER THE MUSIC.
THAT'S JUST SIMPLY NOT THE WAY THE RESTAURANT IS CONFIGURED.
UM, AND YOU CAN SEE THE RED OUTLINE IS THE OUTLINE OF THE TOWER ABOVE.
SO THE RESIDENTIAL UNITS SIT IN THAT RED RECTANGLE.
UM, THE RESIDENTIAL UNITS ARE NOT LOCATED OVER PRI THE PRIMARY PORTION OF THE MAIN DINING ROOM.
UH, THEY'RE REALLY LOCATED OVER, UH, THE BAR, SOME AREAS OF THE KITCHEN.
UH, AND IT IS AN EIGHT INCH CONCRETE STRUCTURAL SLAB THAT'S THERE.
SOMETHING THAT WAS MENTIONED IN THE CONSULTANT LETTER THAT WAS SUBMITTED.
IT WAS A SECTION SLAB THAT'S JUST INCORRECT.
UM, IN SOME PLACES IT'S ACTUALLY A 12 INCH SLAB.
SO, UH, JUST GETTING OUT AHEAD OF THAT.
SO, UH, IN DECEMBER OF 2022, WE DID CONDUCT A SOUND STUDY IN CONNECTION.
WE COLLECTED DATA, WE WENT UP TO THE RESIDENTIAL UNITS AND PUT A DECIBEL READER COLLECTED DATA AND, AND, UH, DID A, MADE AN UNDERSTANDING OF THE AMOUNT OF TRANSMISSION LOSS OF SOUND THAT WAS OCCURRING WHEN YOU PLAYED A LOUD MUSIC OR A LOUD NOISE IN THE RESTAURANT SPACE AND HEARD THE, THE NOISE IN THE UNIT ABOVE.
UH, AND WE ACTUALLY PLAYED IT AT A SOUND LEVEL OF 98 DBA AND 103 DBC.
SO MUCH LOUDER THAN WE WOULD EVER BE CONSIDERING IN THE RESTAURANT, SO THAT WE WOULD ACTUALLY HEAR IT AND UNDERSTAND HOW THE SOUND, THE, THE LOSS OF SOUND TRANSMISSION.
UM, SO I'D LIKE TO INTRODUCE ANDY SOLOW AS OUR EXPERT WITNESS.
HE'S OUR ACOUSTICAL CONSULTANT.
UH, NICK, IF YOU COULD PROMOTE ANDY ON ZOOM OR MICHAEL SO HE CAN EXPLAIN A LITTLE MORE ABOUT WHAT WE DID IN 2022.
AND, UM, ANDY, WHILE WE QUEUE YOU UP, DO YOU SWEAR? HI EVERYONE, CAN YOU HI ANDY, CAN YOU HEAR ME THERE? YES, WE CAN HEAR YOU DO.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
ANDY, CAN YOU HEAR ME OKAY? OKAY.
SO ANDY, I JUST WANT TO ASK YOU A COUPLE QUESTIONS.
SO, UH, BEFORE WE GET INTO THE DETAILS OF THE 2022 SOUND STUDY, CAN YOU JUST BRIEFLY DESCRIBE WHAT QUALIFIES YOU TO TESTIFY AS TO THE DESIGN AND ACOUSTIC TREATMENT OF SPACES LIKE THIS? UM, YES.
I HAVE OVER A DECADE EXPERIENCE IN THE INDUSTRY.
FORMERLY I WAS A PARTNER AT WSDG, UH, IN HIGHLAND, NEW YORK, WHERE WE SPECIALIZED IN DESIGNING MUSIC STUDIOS AND LIVE PERFORMANCE VENUES.
SO I HAVE EXTENSIVE EXPERIENCE LIMITING AND CREATING SOUND ISOLATION SOLUTIONS FOR DYNAMIC SOUND SOURCES, WHETHER THAT IS A SUBWOOFER OR PERFORMERS.
UM, I'VE, I'VE DONE THAT AT THE HIGHEST LEVEL.
CAN YOU JUST BRIEFLY DESCRIBE WHAT WE DID IN 2022 IN MEASURING IN THE UNITS AND SPECIFICALLY, YOU KNOW, WHAT WAS THE INTENDED, UH, LEVEL OF MUSIC THAT YOU WERE, UH, DESIGNING TO PROTECT AGAINST AT, AT THAT TIME? RIGHT.
SO NICK, YOU, YOU SUMMARIZED IT VERY
[02:25:01]
WELL.WE BROUGHT IN A PORTABLE PA SYSTEM, CRANKED IT UP AS LOUD AS WE COULD GET.
IT MEASURED THE SOUND DOWNSTAIRS AND MEASURED THE SOUND UPSTAIRS.
THE DIFFERENCE IS THE TRANSMISSION LOSS OF THE BASE BUILDING STRUCTURE.
WE USE THAT TO CALIBRATE A MODEL IN INSOLE SOFTWARE WHERE WE PUT DIFFERENT CONFIGURATIONS OF A HUNG SOUND ISOLATION CEILING BELOW THAT.
AND WE USED A SPECTRUM THAT WE HAD MEASURED IN, ACTUALLY IT WAS IN POPPY STEAK IN MIAMI, UH, WHICH HAS SIGNIFICANT BASE AND IS UPWARDS OF 95 DBC, UH, WHICH IS IT, IT'S DIFFICULT TO TALK, YOU NEED TO LEAN IN.
UM, IF YOU HAVE A TABLE OF FOUR, YOU MIGHT BE TALKING TO THE PERSON NEXT TO YOU, NOT THE PERSON ACROSS FROM YOU AT THE TABLE UNLESS YOU BOTH ARE LEANING FORWARD.
THAT IS, I'D, I'D CALL THAT A, A, A LOUNGE TYPE OF SOUND LEVEL.
THAT'S WHAT WAS BEING IMAGINED DURING THE VERY EARLY STAGES OF THE PROJECT.
SO THE RECOMMENDATIONS FOR THAT WOULD HAVE BEEN A SOUND ISOLATION CEILINGS WITH TWO LAYER TWO LAYERS OF DRYWALL HUNG FROM SPRINGS.
IF THEY WANTED TO GET LOUDER THAN THAT, WE COULD PUT MORE LAYERS OF DRYWALL ON TO CREATE MORE DECOUPLED MASS HANGING FROM THE STRUCTURE.
AND THEN THE WALLS WOULD BE FUR OUT WITH A SIMILAR COMPLIMENT OF DRYWALL, UH, USING ISOLATION CLIPS TO PREVENT DIRECT MECHANICAL CONNECTION OF THE WALLBOARD LAYERS TO THE BASE BUILDING STRUCTURE.
NOW WHAT IS HAPPENING IS INFORMALLY, WE WOULD CALL IT, UH, THE FINE DINING SOUND LEVEL WHERE 75 DBA MIGHT EVEN BE A LITTLE BIT LOUD, BUT THE SOUND OF CONVERSATION IS USUALLY PLANNING BOARD DESCRIBES THIS AS AS AMBIENT MUSIC.
SO 75 DBA, AND THAT WOULD BE MEASURED USING THE FAST, UH, OR THE, THE SLOW MAX SETTING ON THE SPL METER.
UM, SO ANDY, I THINK YOU'RE GETTING A LITTLE AHEAD, BUT THAT, THAT'S FINE.
ALSO, JUST IN, IN TERMS OF THE MODELING THAT YOU DISCUSSED HERE, THAT THIS GRAPH THAT'S ON THE SCREEN NOW, UM, THAT'S THE MODELING WE CONDUCTED IN 2022, AND THAT ESSENTIALLY SHOWS, UH, THAT AT 85 TO 90 DB IS WHAT YOU GUYS WERE PLANNING AT, UH, THAT IT WOULD BE BELOW MEASURED AMBIENT LEVELS IN THE UNIT ABOVE.
IS THAT ESSENTIALLY WHAT THIS GRAPH IS SHOWING? CORRECT.
AND THE, THE RED LINE ABOVE SHOWS WHAT YOU WOULD GET AT WITH THAT SOUND LEVEL WITH NO SOUND ISOLATION CEILING.
SO WITH NO CEILING IT WOULD BE ABOVE INDIAN.
THE ORANGE LINE REPRESENTS WITH A SOUND ISOLATION CEILING, SAME MUSIC LEVEL UPSTAIRS.
SO WHAT WE HAVE HERE IS THE 2025 VERSION OF THIS WHERE, OH, AND WE SHOULD START THE, THE BLACK LINE WITH SQUARES IS THE AMBIENT SOUND LEVEL MEASURED UPSTAIRS IN UNIT 2 0 4, THAT IS 35 DBA OR NC 30, WHICH IS WHAT WE WOULD USE IN ARCHITECTURAL ACOUSTICS.
THAT'S THE NC 30 LINE RIGHT THERE, WHERE AT 1000 HERTZ IS JUST ABOUT TO TOUCH IT.
UM, THAT MEASUREMENT WAS MADE WITH NO ACTIVITY DOWNSTAIRS, NO ACTIVITY IN THE OTHER RESTAURANT SPACE, THE CO SUSHI SPACE.
IT, IT WASN'T OPEN AT THE TIME, IT'S TAKEN DURING THE DAY, SO IT WAS AS QUIET AS YOU WOULD GET IN THAT UNIT.
THE LOUDEST THING GOING ON IN THAT UNIT WAS THE REFRIGERATOR RUNNING.
SO IF WE'RE READING THIS GRAPH CORRECTLY, ESSENTIALLY WITH NO SOUND TREATMENT AND 75 DBAS MUSIC, WE WOULDN'T APPROACH, WE WOULD BE CLOSE TO AMBIENT, BUT WE WOULDN'T GO ABOVE IT WITH OUR PROPOSED SOUNDPROOFING.
WE'RE WELL BELOW AMBIENT IN THE UNIT ABOVE.
THAT'S ESSENTIALLY WHAT THIS GRAPH IS SHOWING.
IF WE ARE 10 DB BELOW AMBIENT, THERE'S NO CHANCE YOU'RE GOING TO PERCEIVE THE SOUND.
[02:30:03]
SO THANK YOU, ANDY.SO IN ADDITION TO THE SOUNDPROOF CEILING THAT'S ABOVE BETWEEN THE EIGHT INCH CONCRETE SLAB, UM, GAIA ALSO IS IMPLEMENTING INTERIOR DESIGN.
SO THERE'S GONNA BE A DECORATED CEILING OF DRYWALL BELOW THAT, UH, THAT IS GONNA, YOU KNOW, BE WHAT YOU ACTUALLY SEE IN THE RESTAURANT.
AND THESE RENDERINGS ARE, JUST TO GIVE YOU AN IDEA OF THE TYPE OF RESTAURANT, UH, THAT GAIA IS, IT'S REALLY NOT INTENDED TO BE A POPPY STEAK, UH, THAT TYPE OF ATMOSPHERE.
IT'S INTENDED TO BE MORE LIKE CATCH OR LIKE OTHER RESTAURANTS THAT ARE IN SOUTH OF FIFTH.
UH, SO WE DO BELIEVE THAT, UH, THE, THE PREVIOUS CONDITIONS IN CONDITION SIX WERE JUST AN OVERKILL AND WAY TOO MUCH, UH, SOUNDPROOFING FOR A LEVEL OF RESTAURANT.
AND ESSENTIALLY IT'S KILLING THIS RESTAURANT, UH, FINANCIALLY BEFORE THEY'VE EVEN HAD A CHANCE TO OPEN.
UM, AND WE WANTED TO POINT OUT, AS WAS MENTIONED EARLIER, RED DID OPERATE IN THIS BUILDING.
UM, THEY WERE A POPULAR RESTAURANT.
THEY HAD NO SOUNDPROOFING BETWEEN THE CEILING AT ALL.
UM, AND THEY, YOU KNOW, WE'RE NOT AWARE OF ANY COMPLAINTS FROM THE BUILDING.
UH, CERTAINLY, UH, IF THERE WERE ANY, YOU KNOW, SOME SOUNDPROOFING WOULD'VE HELPED AND WE ARE COMMITTED TO, TO, UH, PUTTING IN SOUNDPROOFING IN THE CEILING.
UM, BUT GIVEN THE FACT THAT RESTAURANTS HAVE EXISTED IN THIS BUILDING, UH, HAVE BEEN SUCCESSFUL OR FOR A CERTAIN AMOUNT OF TIME, UM, AND THEN NOT REALLY HAD NOISE IMPACTS TO THE UNITS ABOVE, UH, WE THINK THAT'S EMPIRICAL PROOF.
UH, WHICH ACCORDING TO THE LETTER THAT WAS SUBMITTED, UH, BY MARIA, WE HAVE NO EMPIRICAL EVIDENCE AND WE'VE DONE NO SCIENTIFIC ANALYSIS OF OUR, UH, OUR SOUND ANALYSIS.
UH, SO WE RESPECTFULLY REQUEST THAT THIS APPLICATION, UH, BE APPROVED WITH THE MODIFICATIONS AND THE REQUESTED MODIFICATION TO THE CONDITION.
AND IF WE WANT TO GET TO THAT ON REBUTTAL, I'M GONNA, UM, SUGGEST A MODIFICATION TO YOUR SUGGESTED MODIFICATION.
JUST TO CUT IT OFF, UM, THIS IS A MODIFICATION OF CONDITION SIX A THREE UNDER THE UNDERLYING PORTION AT THE END.
YOU CAN FIND THIS ON PAGE 1 37 OF THE BOARD PACKAGES UNDER ENTERTAINMENT, UNDER, UM, ENTERTAINMENT.
UNDER THE UNDERLYING, UNDERLYING SECTION AT THE END, WE MODIFIED TO SAY, IN NO CASE SHALL THE SOUND LEVEL WITHIN THE SPACE EXCEED A LEVEL THAT WOULD INTERFERE WITH NORMAL CONVERSATION AND TAKE OUT THE, THE DECIBEL LEVEL MEASUREMENT.
UM, AND SO WITH THAT, WE RESPECTFULLY RESERVE TIME FOR REBUTTAL AND THANK YOU VERY MUCH.
ANYBODY IN CHAMBERS SPEAK ON THIS COMING UP? THANK YOU FOR ALLOWING ME A CHANCE TO SPEAK.
I'M AN ATTORNEY, UM, WHO SERVES AS GENERAL COUNSEL FROM ARRAYA CONDOMINIUM ASSOCIATION.
UM, I'M HERE TODAY TO REPRESENT THE COLLECTIVE BEST INTERESTS OF THAT PARTICULAR COMMUNITY.
UM, THIS BUILDING HAS RESIDENTIAL UNITS, AS YOU ARE WELL AWARE, AND THOSE RESIDENTIAL UNIT OWNERS, UM, HAVE VOICED CONCERNS TO THE ASSOCIATION.
THEY ARE CONCERNED THAT IF THE CUP MODIFICATION IS PERMITTED, THAT THEY WILL EXPERIENCE DISTURBANCES WITHIN THOSE UNITS AND THEREFORE IT'S INCUMBENT UPON THE ASSOCIATION TO INVESTIGATE THOSE CONCERNS.
AGAIN, THE, THE BOARD HAS AN OBLIGATION TO THOSE OWNERS TO ACT IN THEIR BEST INTEREST.
SO GIVEN THIS PROPOSED CUP MODIFICATION, UM, THE BOARD OF COURSE REVIEWED THE PROPOSAL AND BECAME CONCERNED, UM, REGARDING THE FACT THAT IT APPEARED THAT EVERYTHING IS CONTINGENT UPON THE 75, UM, MAX, EXCUSE ME, 75 DECIBEL MAXIMUM LEVEL FOR THE MUSIC.
UM, TAKING THAT CONCERN INTO CONSIDERATION, UM, THE ASSOCIATION RETAINED ITS OWN INDEPENDENT CONSULTANT, UM, SR ACOUSTICS, MIKE RAFIK IS PRESENT HERE FROM SR ACOUSTICS, UM, TO OPINE AS TO WHETHER THE ASSOCIATION'S CONCERNS WERE VALID, UM, THAT INDEPENDENT REPORT DOES CONFIRM THAT THE ASSOCIATION DID RAISE SOME VALID POINTS AND THAT THERE ARE LEGITIMATE CONCERNS THAT DE NOS WILL TRANSFER AND DISTURB SOME OF THOSE UNITS.
YOU KNOW, WE'RE HAVING, UM, OWNERS REACH OUT ABOUT THINGS SUCH AS, YOU KNOW, I'M AFRAID MY GRANDCHILDREN WILL COME TO VISIT AND WON'T BE ABLE TO SLEEP BECAUSE THE RESTAURANT IS OPEN, OR IT'S PLANNED TO BE OPEN UNTIL TWO IN THE MORNING AND THE NOISE MAY EXCEED THE 75 DECIBELS, MAYBE 75 DECIBELS OF MUSIC, BUT PERHAPS THE CONVERSATIONS AND OTHER, YOU KNOW, ACTIVITIES GOING ON WITHIN THE RESTAURANT WOULD EXCEED THAT LEVEL.
SO AGAIN, TO CONFIRM WHETHER THAT'S A LEGITIMATE CONCERN, THE ASSOCIATION RETAINED SR ACOUSTICS.
AND ONE OF THE KEY POINTS I WANTED TO POINT OUT, UM, TO THE BOARD FROM THAT, THOSE FINDINGS BEFORE MIKE GETS INTO SOME
[02:35:01]
OF THE MORE SCIENTIFIC, UM, FINDINGS, UM, IS THAT, UM, THAT REPORT DOES CONFIRM THAT THE CUP MODIFICATION RELIES ON ELECTRONIC LIMITERS, A SOLUTION THAT ADDRESSES ONLY MUSIC PLAYBACK WHILE IGNORING THE FAR GREATER CONTRIBUTIONS OF PATRON VOICES AND PULSIVE EVENTS AND LOW FREQUENCY MECHANICAL NOISE.AND EVERY INDEPENDENT STUDY OF RESTAURANT ENVIRONMENTS SHOWS THAT NOISE ESCALATES TO LEVELS WELL ABOVE THE THRESHOLDS CITED IN THE CUP MODIFICATION.
SO YOU'RE TALKING ABOUT NON-MUSIC NOISE? YES, EXACTLY.
THE, THE CONCERN HERE IS THAT, UM, WHAT'S PRESENTED IS SOLELY BASED ON THE MUSIC RATHER THAN TAKING INTO CONSIDERATION SOME OF THE OTHER COMPONENTS THAT INVOLVE RESTAURANTS.
IS THAT INSIDE, IS THAT INSIDE OR OUTSIDE THAT YOU'RE, I MEAN, THERE IS BOTH.
I MEAN, AND, AND I MEAN 'CAUSE THEY HAVE OUTSIDE, WHICH OBVIOUSLY IS GONNA HAVE PEOPLE OUT THERE, YOU KNOW, LAUGHING, EATING, DRINKING AS WELL.
SO THERE'S SOUND, SOUND ABSORBING, UM, STUCCO THAT YOU CAN PUT ON TOP OF THE CONCRETE.
AND THERE'S ALSO SOUNDPROOF STUCCO THAT YOU CAN PUT OVER HUNG CEILINGS, UM, AND ALSO PADDED FABRIC, ALL KINDS OF SOUNDPROOF THINGS.
I'M, I'M TRYING TO UNDERSTAND.
YOU WANT, I MEAN, I, I OBVIOUSLY UNDERSTAND BECAUSE IF I HAD A RESTAURANT BELOW ME, BUT THERE WASN'T ANY ISSUE WITH RED CORRECT.
AND THEY DIDN'T HAVE ANY SOUNDPROOFING, I'M, MY UNDERSTANDING IS, IS THAT FROM TIME TO TIME, THERE WERE COMPLAINTS FROM RESIDENTS ABOUT RED, UH, PRIMARILY WHEN THERE WERE SPECIAL EVENTS OR, YOU KNOW, SOMETHING THAT WOULD BE LOUDER AND OUT OF THE NORMAL OPERATIONS.
BUT I ALSO UNDERSTAND THAT ESPECIALLY TOWARDS THE TAIL END OF RED, IT WASN'T A VERY BUSY RESTAURANT.
SO THEY WEREN'T EXPERIENCING THOSE SORT OF ISSUES AND THEY DIDN'T HAVE ANY SOUNDPROOFING AT ALL.
BUT THIS ONE IS GOING TO HAVE, THEY ARE NICK, IS THAT CORRECT? THEY ARE GOING TO HAVE SOUNDPROOF.
AND YOU OBVIOUSLY TOOK THAT INTO ACCOUNT, CORRECT.
SO LET ME, AND, AND THE OTHER THING I WANT TO EXPLAIN IS SINCE THERE'S NEVER BEEN ANYBODY IN THIS SPACE, IS HOW YOU DETERMINE THAT PEOPLE TALKING IS GOING, I MEAN, DO YOU JUST USE IT? I, I HAVE IT ALL HERE.
AND SO IN MY ORIGINAL REPORT THAT I SENT TO YOU AND THAT I'M BEING, YOU KNOW, TOLD THAT I CLAIMED THAT THERE WAS SIX INCH A SLAB, WHICH LET'S JUST START THERE, THERE WAS NOT ENOUGH INFORMATION.
THEY PROVIDED DETAILS IN THEIR CUP AMENDMENT IN 2025 TO YOUR TEAM.
AND IN THOSE DETAILS, THEY DID NOT SPECIFY THE SLAB THICKNESS.
SO ME AS AN INDEPENDENT CONSULTANT, I CAN ONLY LOOK AT THE DATA THAT WAS PROVIDED TO ME AT THE TIME WHEN THEY REQUESTED ME, WHICH WAS VERY RECENTLY.
AND WHEN I LOOKED AT THE DATA, IT WAS NOT SUFFICIENT FOR ME TO SAY THAT THEY HAD ADEQUATELY DEALT WITH THE SPACE.
AND YOU'LL SEE THAT THROUGHOUT MY REPORT ALSO ON VERTICAL FLANKING, WHICH DEALS WITH STEEL COLUMNS.
SO EVEN WITH CONCRETE, WE HAVE TO WORRY ABOUT HOW SOUND FLANKS NOT ONLY THERE THROUGH WINDOWS AND AND OTHER PLACES.
AND SO THAT'S WHERE I'LL START.
UM, BUT UH, YEAH, I MIGHT D DRAAK, I'M WITH SR ACOUSTICS.
UH, WE HAVE OPERATED FOR 40 YEARS OUT OF OMAHA, CHICAGO, AND TAMPA.
I MEAN, WE'VE WORKED ON PROJECTS, UH, UH, UH, MANY HOTELS FOR KIMPTON, IHG MARRIOTT.
WE'VE WORKED ON MEDICAL FACILITIES, PUBLIC SAFETY FACILITIES, JUST, UH, AND, AND, AND, AND MANY OTHER THINGS.
UH, MISSISSIPPI CIVIL RIGHTS MUSEUM IS ONE.
SO WE HAVE EXTENSIVE EXPERIENCE IN THE REALM OF SOUND ISOLATION AND ARCHITECTURAL ACOUSTICS.
AND, AND AGAIN, THANK YOU FOR BEING HERE AND EVERYTHING THAT YOU DO.
SO I WAS ASKED TO PROVIDE AN INDEPENDENT REVIEW OF GAIA'S RESTAURANT REQUESTS TO MODIFY THE CONDITIONS, OTHER CONDITIONAL USE PERMIT.
AND I WANNA BE CLEAR AT THE OUTSET THAT I WAS NOT THE ORIGINAL ACOUSTIC CONSULTANT ON THIS PROJECT.
I HAD NO INVOLVEMENT IN THIS ORIGINAL DESIGN.
MY ROLE IS LIMITED TO REVIEW WHAT HAS BEEN SUBMITTED, COMPARE IT WITH THE SAFEGUARDS THIS BOARD, BOARD REQUIRED, AND OFFER MY PROFESSIONAL JUDGMENT ON WHETHER THE PROPOSED CHANGES PROVIDE THE SAME LEVEL OF PROTECTION.
I'M A LOUD GUY, I GO TO FINE DINING ESTABLISHMENTS ALL THE TIME.
UM, MY DOG BARK IS AT 150, 115 DBA.
SO IT JUST GIVES YOU, WHEN I'M HOLLERING AT THE BAR, WHICH I DO IN FINE DINING ESTABLISHMENTS QUITE OFTEN, YOU KNOW, OBVIOUSLY I'M GONNA BE QUITE LOUD AND NOISY.
SO THESE ARE THINGS THAT WE WANNA TAKE INTO ACCOUNT, ESPECIALLY IN A MIXED USE WITH RESIDENTIAL DEVELOPMENT.
THE FIRST AND MOST IMPORTANT POINT IN THIS IS THE APPLICANT HAS NOT PROVIDED THE BASIC INFORMATION WHEN I HAD SEEN IT, THAT WOULD ALLOW ME TO EVEN REALLY DETERMINE WITH SOME REASONABILITY WITH CONFIDENCE THAT THIS DESIGN WILL WORK.
THE ACTUAL THICKNESS OF THE FLOOR SLAB WAS NOT DISCLOSED, IT WAS THIS MORNING.
AND I ALSO SAW THEIR STUDY THIS MORNING, JUST THE MINIMALISTIC DETAIL THAT DIDN'T ADDRESS THE COLUMNS AND TREATMENTS, NO SOUND ISOLATION TESTS, WHICH WE NOW SAW FROM THEIR 2022 APPLICATION WERE SUPPLIED.
AND WITHOUT THAT DATA, I COULD NOT CERTIFY EQUIVALENCY.
THE ABSENCE OF PROOF SHOULD BE YOUR CONCERN OR SHOULD BE A CONCERN AT LEAST AT THAT POINT.
SO WHEN THIS ABOARD, WHEN THIS BOARD APPROVED THE PERMIT IN 23, IT DID SO WITH THOSE SPECIFIC SAFEGUARDS, A SPRING ISOLATED CEILING WITH TWO LAYERS OF DRYWALL, POSSIBLY MORE ADDITIONAL PROTECTION FOR WALLS AND COLUMNS, STRICT CONTROLS ON PENETRATIONS, AND A REQUIREMENT THAT MUSIC BE KEPT AT CONVERSATIONAL BACKGROUND LEVELS.
[02:40:01]
THESE SAFEGUARDS WERE NOT DECORATIVE, THEY WERE FOUND, THEY WERE THE FOUNDATION FOR YOUR FINDING THAT THE PROJECT WAS CONSISTENT WITH THE CODE, PARTICULARLY 1 18, 1 92, WHICH REQUIRES CONDITIONAL USE, PROTECT PUBLIC HEALTH, WELFARE, AND NEIGHBORHOOD VALUES.THE REQUEST BEFORE YOU WOULD REPLACE THAT SYSTEM WITH A LIGHTER CEILING, WHICH COULD BE IN THE FIELD, YOU KNOW, UH, TRANSMISSION LOSS REDUCTION, UH, I MEAN IN AN INCREASE, I MEAN REDUCTION IN TRANSMISSION, LOSS OF AROUND FIVE TO 10 DB POSSIBLY.
SO THIS IS DEFINITELY A CHANGE THAT WILL REDUCE THE SOUND ISOLATION THAT YOU HAD ORIGINALLY REQUIRED IN THE SPACE.
IN PRACTICE, IT DOES NOT ADDRESS THE REAL SOURCES OF THE DISTURBANCE.
SOMETIMES A LIMITER CAN REDUCE THE SOUND SYSTEM, BUT IT CANNOT CONTROL PEOPLE'S VOICES.
IT CANNOT CONTROL AND CHEER FROM A CROWD, A SCRAPING OF CHAIRS, OR A CRASH OF DISHES.
RESEARCH SHOWS THAT ONCE BACKGROUND NOISE RISES, PEOPLE INSTINCTIVELY RAISE THEIR VOICES TO BE HEARD.
THAT EFFECT IS KNOWN AS THE LOMBARD EFFECT.
AND IT MEANS RESTAURANTS OFTEN EASILY REACH 80 TO 85 DBA WITH PEAKS CLOSER TO 90.
RESTAURANT NOISE IS NOT A SINGLE SOURCE.
IT'S A MIX OF OVERLAPPING ELEMENTS, BACKGROUND MUSIC, CONVERSATION, BURSTS OF LAUGHTER, CHEERING, CLATTERING DISHES, POTS AND PANS, SCRAPING CHAIRS, COMPRESSORS, VENTILATION DELIVERIES, AND LATE NIGHT CLEANUP.
THE HOURS PROPOSED ON THIS ARE TWO, 2:00 AM FOR A NOTE.
EACH SOUND IS DIFFERENT, SOME CONTINUOUS, SOME IMPULSIVE, SOME LOW FREQUENCY.
TOGETHER THEY CREATE CONSTANTLY SHIFTING AND INTRUSION SOUND ENVIRONMENT IN REFLECTIVE SPACES.
GLASS, DRYWALL, TILE, SOUND DOES NOT DISSIPATE.
IT REFLECTS IT LAYERS UPON ITSELF.
AND THIS BUILDUP MAKES VOICES AND MUSIC HARDER TO CONTROL.
AND THE OVERALL SOUND FIELD BECOMES MORE INTENSE.
NOW, WHY THIS MATTERS IS TAKING TOGETHER NOISE ESCALATION AND SOUND BUILDUP MEANS RESTAURANT NOISE IS LIKELY IS NOT LIKE, IS LIGHT, NOT LIKE ORDINARY HOUSEHOLD NOISE? IT'S CONTINUOUS, IT OVERLAPS, IT PEAKS SUDDENLY, AND IT MAKES USE SETTINGS.
IT PERSISTS FOR HOURS DIRECTLY BENEATH RESIDENCES.
THIS IS WHY STRICTER SAFEGUARDS REQUIRED THE ORIGINAL CUP CONDITIONS, RECOGNIZE THIS REALITY WEAKENING THEM WITHOUT PROOF OF EQUIVALENT PERFORMANCE IGNORES THE NATURE OF RESTAURANT NOISE AND RISKS.
EXACTLY THE KIND OF DISTURBANCE THE CUP WAS MEANT TO PREVENT.
THIS IS NOT ABOUT CHOOSING ONE CONSULTANT'S OPINIONS OVER ANOTHER.
THIS IS THE INTEGRITY OF THE CONDITIONS YOU ESTABLISHED IN 2023.
AND THOSE CONDITIONS ALLOWED YOU TO CONCLUDE THE PROJECT WAS COMPATIBLE WITH THE COMMUNITY.
UM, IF THEY ARE WEAKENED WITHOUT PROOF OF EQUIVALENCY, THE LEGAL AND FACTUAL FOUNDATION OF THAT APPROVAL IS UNDERMINED IN MY PROFESSIONAL OPINION, UNLESS AND UNTIL THE APPLICANT PROVIDES VERIFIABLE DATA SHOWING THAT THE SLIDER SYSTEM PERFORMS AS WELL AS THE SPRING ISOLATED CEILING, YOU REQUIRED AGAINST ALL THE POSSIBLE NOISE INTRUSIONS, NOT JUST THE SOUND SYSTEM, THE RESPONSIBLE COURSES TO KEEP THE ORIGINAL SAFEGUARDS, THEY WERE NOT OPTIONAL.
THEY WERE ESSENTIALLY PROTECTING THE HEALTH, THE WELFARE, AND THE VALUES OF THIS NEIGHBORHOOD.
NOW, YOU KNOW, AND AGAIN, I I'M SIMPLY SPEAKING ON WHAT HAD BEEN PROVIDED TO ME AT THE TIME AND WHAT I CAN SPEAK TO AN EIGHT INCH SLAB IS, IS, IS AN IMPROVEMENT.
I MEAN, LIKE HE SAID, IT HAD BEFORE, YOU KNOW, THEY HAVE LIKE, THEY'VE ALREADY DONE, THEY HAVE A TWO CEILING, SO YOU HAVE SOME SEPARATION.
AND I THINK THAT, YOU KNOW, I, I THINK THAT IF WE COULD SEE MORE DETAILS OR WE HAD MORE, YOU KNOW, UNDERSTANDING OF EXACTLY HOW EVERYTHING WAS GONNA BE, IT WOULD BE EASIER FOR ME TO MAKE SOME DETERMINATION TO HELP THEM UNDERSTAND WHAT THEY'RE GONNA BE EXPERIENCING.
ALRIGHT, UM, LET'S, LET'S OPEN IT FOR PUBLIC.
ANYBODY HERE TO SPEAK ON THIS ITEM? I ASSUME YOU LIVE IN THE BUILDING.
JUST INTRODUCE YOURSELVES AND YOUR ADDRESS AND THEN SPEAK.
UM, PETER AND JUNE FELIX, WE LIVE IN THE BUILDING, APARTMENT 4 0 6, DIRECTLY ABOVE GAIA.
UM, FIRST AND FOREMOST, LET'S MAKE IT CLEAR.
WE'RE VERY HAPPY THAT THIS BUILDING, THIS SPACE IS NOW BEING BUILT OUT.
IT'S BEING COMPLETE EYESORE, DREADFUL SITUATION, FRANKLY, ALMOST UNHEALTHY.
BUT THAT'S, THAT'S, THAT'S THE HISTORY.
BUT IT DOES RAISE IN OUR MINDS WHO'S GONNA TAKE THIS OVER AND MAKE IT REASONABLE IN TERMS OF OUR LIVING IN THE BUILDING.
UM, WE'VE HEARD ABOUT THE PLANS.
THERE ARE THINGS THAT MAKE US FEARFUL.
UH, ONE IS THAT THIS RESTAURANT IS GONNA BE OPENED UNTIL 2:00 AM IN THE MORNING.
I DON'T UNDERSTAND HOW THAT'S POSSIBLE IN A RESIDENTIAL AREA.
YEAH, SO I WOULD RAISE THAT AS AN OBJECTION PERSONALLY, BUT THAT'S A DIFFERENT ISSUE TO THE SOUND.
WE ARE FEARFUL BECAUSE WE KNOW WE LIVE IN MIAMI BEACH.
WE KNOW THAT IT CAN GET VERY NOISY IN RESTAURANTS.
WE ALSO KNOW THAT IF A RESTAURANT IS VERY SUCCESSFUL, IT ATTRACTS A WHOLE CONTINGENT OF PEOPLE WITH THEIR FANCY CARS.
THIS IS A HIGH END RESTAURANT, VERY EXPENSIVE BASED ON
[02:45:01]
SUCCESSFUL RESTAURANTS IN DUBAI AND LONDON.AND IT'S INTENDED THAT THIS WILL BE TOP OF THE LINE AND EYE WATERINGLY EXPENSIVE.
NOW JUST IMAGINE IF THE VIPS WHO APPARENTLY INTENDED TO SIT, BE IN THIS LOUNGE, THE VIP LOUNGE ARE STILL THERE AT TWO IN THE MORNING, AND THESE PEOPLE ARE GONNA BE WORRIED ABOUT THE NOISE THAT THEY'RE MAKING WHEN THEIR FERRARI COMES ALONG AND PICKS THEM UP.
I MEAN, WE'RE TALKING ABOUT REALLY AN ABSURD SITUATION FOR A RESIDENTIAL COMMUNITY.
NOW, WE VERY MUCH LIKE THE IDEA THAT A QUALITY RESTAURANT WOULD BE THERE, BUT WE ARE VERY CONCERNED THAT THIS COULD BE THE THIN END OF THE WEDGE WEAKENING ALREADY THE SOUND CONSTRAINTS.
THAT'S WHY WE WOULD OBJECT TO IT.
AND I JUST DON'T BUY, I AM SORRY, I KNOW NOTHING ABOUT THE FINANCES OF THE DUBAI AND LONDON RESTAURANTS, BUT WE UNDERSTAND THEY'RE AMAZINGLY SUCCESSFUL.
THIS RESTAURANT IS FINANCED BY MONEY COMING OUTTA DUBAI, AND I JUST DON'T BUY THIS ARGUMENT THAT THIS RESTAURANT CANNOT AFFORD TO PUT IN THE ENHANCED SOUNDPROOFING, WHICH IS ALREADY DEMANDED BY THE CUP.
SO IF WE'RE HEARING YOU RIGHT, NO FERRARIS
WELL, WE'RE NOT FIXING THE FERRARIS, WE'RE JUST, UNFORTUNATELY, I'M KIDDING.
HOWEVER, LET ME JUST, UM, PUT YOURSELF IN THIS CONDITION.
YOURS, UH, YOUR, YOU BOUGHT AN APARTMENT IN A BEAUTIFUL AREA.
WE LOVE ALL THE RESTAURANTS THERE.
THAT'S ONE OF THE REASONS WE'RE THERE.
THAT BEING SAID, THE ORIGINAL PROPOSAL WAS ESSENTIALLY LIKE A SOUND SYSTEM, LIKE A SOUND BOOTH, RIGHT? YOU COULD SLEEP, YOU COULD GO DOWN TO THE RESTAURANT.
NOW WHAT THEY'RE SAYING IS, OH, THE AMBIENT, THE, UM, SOUND SYSTEM WILL BE AT 75 DEPOS.
HOW MANY OF YOU HAVE BEEN IN CATCH OR IN JOE AND SCREAMING AT EACH OTHER ACROSS THE TABLE? BECAUSE TO THE EXPERTS, UM, UH, EXPLANATION, THE AMBIENT NOISE IS BEYOND THE MUSIC.
SO ALL THEY'RE DOING IS SAYING, OKAY, THE SOUND SYSTEM WILL BE AT THIS LEVEL.
ALL OF THAT IS VERY, VERY DIFFICULT TO DO.
OUR CONDITIONAL PROPOSAL WAS BASED ON A PROTECTION OF THAT, NOT ACTUALLY IM, UH, IMPACTING THE RESIDENTS.
LET'S SAY, OH, YOU KNOW, LET'S JUST STAND, LET'S JUST TAKE THAT BACK.
THIS ALSO DOES NOT PREVENT, BUT I DON'T KNOW ALL OF THE CODE, PEOPLE HAVING SPECIAL EVENTS.
LET'S BRING IN SOME SPECIAL EQUIPMENT SO THAT FOR THAT SPECIAL WHATEVER CELEBRITY EVENT, WE'RE GOING TO ADD MORE WOOFERS, MORE SOUND TO MAKE IT, YOU KNOW, BASEL EVENT A, A FORMULA ONE EVENT.
I'VE TALKED TO ALL OF THE, UM, OUR NEIGHBORS IN OUR LINE.
THEY MAY BE ON THE ZOOM, I'M NOT SURE, BUT IT'S, IT'S A, A PROBLEM WE LOVE, CALL ME GABBY.
WE GO TO JOE'S, WE GO TO ALL OF THESE RESTAURANTS, BUT IT'S DIFFERENT THAN BEING IN OUR BUILDING.
I KNOW YOU RAISED RED, RED FAILED, BY THE WAY.
SO THE FACT THAT IT HAD NO SOUNDPROOFING IS NOT A GREAT EXAMPLE BECAUSE THERE WERE HARDLY EVER ANY PEOPLE IN THERE.
UM, I THINK MAYBE THERE WAS A WEEK WHEN IT WAS ACTUALLY SUCCESSFUL.
SO THAT'S NOT AN APPLES TO APPLES COMPARISON.
RIGHT? WE WANT IT TO BE SUCCESSFUL, BUT WHY ARE THEY WALKING BACK FROM WHAT THEY ORIGINALLY AGREED? THE OTHER THING IS THEY SAID THEY'VE CEASED, UM, CONSTRUCTION.
THEY HAVE NOT CEASED 8:00 AM IN THE MORNING.
WE ARE STILL WOKEN UP BY ALL SORTS OF EQUIPMENT.
SO IF THEY'RE NOT EVEN WITHHOLDING OR COMPLYING WITH WHAT THEY AGREED TO DO, JUST IN TERMS OF NEIGHBORLY FRIENDLINESS, HOW CAN WE FEEL COMFORTABLE THAT THEY'RE GOING TO CONTINUE TO COMPLY WITH WHAT THEY'RE SAYING IS GOING TO BE AN, UM, A MODIFICATION ON A SOUND SYSTEM, WHICH CAN EASILY BE CHANGED.
IF, IF, IF THEY CHANGED THE HOURS AND ENDED AT MIDNIGHT AND ADDED EXTRA, THE EXTRA SOUNDPROOFING, EXCUSE ME, I'M SORRY.
I DIDN'T KNOW IF YOU COULD HEAR ME.
IF THEY CHANGED THEIR HOURS TO MIDNIGHT TO CLOSE AND ADDED THE EXTRA SOUNDPROOFING, WOULD THAT HELP ALLEVIATE YOUR CONCERNS? YEAH, I DON'T KNOW IF THAT'S SOMETHING, I DON'T KNOW IF THE HOURS CHANGING WOULD BE SOMETHING THEY'D BE MINIMAL TO, BUT I MEAN, I I DEFINITELY UNDERSTAND WHERE YOU'RE COMING FROM.
UM, YOU KNOW, THE ORIGINAL PROPOSAL SOUNDED VERY CREDIBLE, RIGHT? YOU'RE LIKE IN A SOUND BOOTH, YOU'RE IN THE RESTAURANT, IT'S NOT REALLY AFFECTING THE REST OF
[02:50:01]
THE NEIGHBORHOOD.I, AS PETER SAID, THESE ARE WELL FINANCED PEOPLE WITH VERY SUCCESSFUL RESTAURANTS, OTHER PLACES.
I FIND THAT REALLY QUESTIONABLE AS TO IT IS JEOPARDIZING THIS PROJECT.
I HAVE EXTREME PROBLEMS WITH THIS.
UH, I HAVE A PROBLEM THAT THIS IS THE FIRST TIME A RESTAURANT CAME IN FRONT OF THE PLANNING BOARD OR THE COMMISSION THAT I KNOW OF, PARTICULARLY MR. LARKIN, WHO IS EXCELLENT REPRESENTATION OF HIS CLIENTS WITHOUT HAVING THIS GO IN FRONT OF SONA, BECAUSE I'M SURE THE NEIGHBORHOOD ASSOCIATION WHEN THEY HEARD YOU SPEAK, WOULD BE DEAD SET AGAINST THIS.
SO THE FACT THAT IT WASN'T PRESENTED TO THE NEIGHBORHOOD, UH, WOULD BE A REASON NOT ONLY TO REJECT IT, BUT IT, IF SOMEBODY WAS STILL WANTING TO VOTE FOR IT, AT A MINIMUM IT SHOULD BE DELAYED UNTIL THEY PRESENT IT TO THE NEIGHBORHOOD ASSOCIATION AND WE HEAR FROM YOU.
NUMBER TWO, I'VE NEVER HEARD OF SOMEONE AGREEING TO CERTAIN SOUNDPROOFING AND THEN COMING BACK LATER AND SAYING, WE'RE GONNA STOP BECAUSE IT'S TOO EXPENSIVE.
IF WE'RE WRONG AND WE ALLOW THIS, AND THEY HEAR THE NOISE, WHAT IS THEIR, WHAT ARE THEY REDUCED TO NOW LIVING WITH THAT NOISE AND CODE? BECAUSE WE JUST CHANGED WHAT THEY ALREADY AGREED TO.
I CAN, I, I AM NOT HERE TO, TO TALK ABOUT THE FINANCIAL OF GAIA, BUT IF YOU'RE GOING TO HAVE FINE DINING, IF YOU AGREED TO IT INITIALLY, IF YOU PRESENTED IT INITIALLY TO THE NEIGHBORHOOD ASSOCIATION, NOW YOU'RE COMING BACK NOT PRESENTING IT, NOT HAVING OPEN DISCLOSURE, AND YOU'RE ASKING TO SIGNIFICANTLY CHANGE THE SOUND BECAUSE YOU THINK THE DECIBEL LEVEL WILL BE DIFFERENT.
I, I DON'T UNDERSTAND THE JUSTIFICATION FOR EVEN BEING HERE.
I JUST WANNA MAKE ONE CLARIFICATION.
YEAH, KEITH, THE, THE, THE BOARD CANNOT REQUIRE AN APPLICANT TO APPEAR BEFORE NEIGHBOR.
AND SO I AM STATING WHY WE DON'T HAVE A RESOLUTION IN SUPPORT OR AGAINST THEY, THEY BYPASSED.
I WANT THAT ON THE RECORD, AND I WANT IT ON THE RECORD THAT THEY ARE ASKING FOR ECONOMIC RELIEF FROM AN ASSOCIATION ABOVE THEM THAT HAS GRAVE CONCERNS.
AND I HOPE THAT MY BOARD MEMBERS PUT THEMSELVES IN THE RESIDENT'S SHOES WHEN THEY MAKE A DECISION ON THIS.
WELL, I, I'M JUST GONNA TELL YOU THAT, THAT THERE'S NO WAY WE'RE GONNA PROVE A PROJECT IF, IF IT'S GONNA BE DISRUPTIVE TO YOUR QUALITY OF LIFE.
SO IT'S JUST A MATTER OF WORKING OUT THE REQUIREMENTS THAT, THAT SOUNDPROOFING THAT THEY ENGAGE IN.
SO THERE'S NO WAY, YOU KNOW, I JUST WANT YOU TO KNOW THAT, UM, I WOULD SAY OURS AS WELL.
I, I'M JUST, I MEAN, THIS IS A, A RESIDENTIAL NEIGHBORHOOD AND OTHER RESIDENTIAL NEIGHBORHOODS HAVE 12.
I'M JUST, MR. CHAIRMAN, DO YOU WANNA CONTINUE WITH THE PUBLIC COMMENT FIRST? YEAH, WE, I DO.
IS THERE ANYONE ELSE IN CHAMBERS? THANK YOU FOR COMING IN.
IS THERE ANYONE ELSE IN CHAMBERS TO SPEAK ON THIS? ALRIGHT, I'M ASSUME, I'M ASSUMING, YEAH, WE HAVE SOME CALLERS ON ZOOM.
THE FIRST IS, UH, STEVEN TISHMAN.
I, STEVEN, DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? UH, YES, I DO.
UH, MY NAME IS STEVEN TISHMAN.
I'M AN OWNER AT 8 0 1 SOUTH POINT DRIVE, APARTMENT 2 0 6.
UH, I AM ACTUALLY THE APARTMENT WHICH IS DIRECTLY ABOVE THE RESTAURANT.
UM, AND, UH, I WANNA STATE, UH, PUBLICLY THAT I AM OPPOSED TO THE SOUND MODIFICATION IS CURRENTLY PROPOSED AND CONSISTENT WITH OUR HOMEOWNERS ASSOCIATION'S POSITION.
UH, WHILE LIKE THE FELIX'S, I'M VERY SUPPORTIVE OF THE RESTAURANT, UH, AND FRANKLY VERY SUPPORTIVE OF THE RESTAURANT.
I JUST WANNA MAKE SURE THAT, UH, UH, THAT, UH, UH, ON BEHALF OF THE TENANTS, THAT THEY STICK TO THEIR LAWYER'S COMMENTS.
UH, WHICH IS, IS THAT QUOTE, THE TENANTS WILL NOT HEAR THE RESTAURANT AT ALL.
UM, UH, I DON'T UNDERSTAND, UH, HOW THE RESTAURANTS OWNERS WHO HAD PREVIOUSLY AGREED TO A CERTAIN NOISE PROTECTION LEVEL THAT WAS PERMANENT AND DESIGNED TO PROTECT THE TENANTS NOW WANNA REDUCE THE PERMANENCY BY INSTALLING AN ELECTRIC NOISE LIMITER TO THEIR MUSIC SYSTEM AND REDUCING THE PERMANENT NOISE PROTECTION LEVEL.
UM, WHAT I DON'T GET IS, WITH ALL THE RESPECT IS, IS THIS WAS A FINE DINING ESTABLISHMENT BEFORE.
IT'S A FINE DINING ESTABLISHMENT.
NOW, THE QUALITY OF THE RESTAURANT HASN'T CHANGED.
[02:55:01]
SO IF IT WAS FINE BEFORE, I DON'T UNDERSTAND WHY IT'S NOT FINE NOW, OTHER THAN FOR ECONOMIC REASONS, UH, YOU KNOW, UH, WHAT THEY WANT TO DO IS NOT A PERMANENT SOLUTION, NOR IS IT A PERMANENT PROTECTION.HOW ARE THE TENANT, HOW ARE THE TENANTS SUPPOSEDLY, UH, GONNA PROTECT THEMSELVES AGAINST THE QUOTE? I'M SORRY, THE ELECTRIC NOISE LIMITER DIDN'T WORK THAT NIGHT.
OR I'M SORRY, WE HAD A SPECIAL EVENT AND THEY BROUGHT IN THEIR OWN SPEAKERS AND MICROPHONES.
UH, I ASKED THE PANEL TO PLEASE NOTE AS OUR, UM, UM, NOISE CONSULTANT SAID THAT THE NOISE LIMITER DOES NOT PROTECT AGAINST ANCILLARY NOISES SUCH AS KITCHEN PATRONS, ADDITIONAL CARS, ET CETERA, ONLY THE MUSIC ASSUMING IT WORKS.
AND JUST AS AN EXAMPLE, I'VE RENTED U-HAUL THAT HAD SPEED LIMITERS, AND THEY CAN BE UNDONE, AND YOU CAN STILL SPEED.
FURTHERMORE, YOU SHOULD BE AWARE THAT WITH MY EXPERIENCE WITH THE OWNERS', CONSTRUCTION PEOPLE HAS NOT BEEN PLEASANT.
UH, TWICE I AND THE MERE STAFF AFTER MIDNIGHT HAVE HAD TO ATTEMPT TO STOP THE DRILLING AND CONSTRUCTION, WHICH WOKE UP MY YOUNG GRANDCHILDREN.
UH, AS I SAID, AFTER MIDNIGHT, THE WORKERS' RESPONSE WAS, WELL, THE LANDLORD SAID THAT IT WAS OKAY, AND THERE ARE NUMEROUS CONSTRUCTION DRILLING AS EARLY AS SIX 30 TO 7:00 AM AND WE SPOKE TO THESE PEOPLE MANY TIMES WITH NO, UH, BENEFIT AT ALL.
WE WOULD ASSUME THAT THE, UH, RESTAURANT WOULD NOT BE A GOOD NE, YOU KNOW, WOULD WANT TO BE A GOOD NEIGHBOR AND DO WHAT IS NECESSARY TO REDUCE THE NOISE AS MUCH AS POSSIBLE.
WE CANNOT PROTECT OURSELVES, AS YOU SAID, TO THIS VARIABILITY ON BEHALF OF THE RESTAURANT WITHOUT YOUR SUPPORT TO KEEP THE NOISE PROTECTION LEVELS AT THE LEVELS OF THE EXISTING PROPOSAL.
FRANKLY, I DON'T UNDERSTAND WHY WE'RE HERE OR THIS IS AN ISSUE.
THANK YOU VERY MUCH FOR YOUR TIME.
CAN YOU STATE YOUR FULL NAME FOR THE RECORD, AND THEN I'LL SWEAR YOU IN.
I AM IN 8 0 1 SOUTH POINT UNIT 5 0 4.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
BY THE WAY, THEY'VE ELIMINATED THAT IN COURT.
NOW YOU JUST HAVE TO SAY THE TRUTH.
YOU DON'T HAVE TO SAY THE WHOLE TRUTH AND NOTHING BUT THE TRUTH, JUST LETTING YOU KNOW.
I'LL GIVE YOU SOME TRUTH AND SOME, UH, SOME OPINION OF MINE.
I CONCUR WHOLEHEARTEDLY WITH, UH, THE OTHER RESIDENTS WHO I HONESTLY, UH, HAVE NOT HAD THE PLEASURE TO DISCUSS THIS MATTER WITH.
I'M ACTUALLY TRAVELING, AND I'VE BEEN ON THE CALL FOR ABOUT AN HOUR AND A HALF NOW WAITING, UH, TO SPEAK UP.
BUT, UH, I PERSONALLY AM AM RIGHT ABOVE THIS, UH, THIS RESTAURANT.
UH, I'M UP ON THE FIFTH FLOOR, SO, SO I MAY NOT, UH, GET IT AS BAD AS THE, UH, RESIDENTS, UH, ON THE SECOND FLOOR.
BUT, UH, WITH THE HOURS OF THE RESTAURANT GOING TO 2:00 AM, UH, IT IS A, A SERIOUS CONCERN, UH, FOR ALL OF THE PROPERTY OWNERS.
AND, AND I WOULD JUST SAY IF, IF, IF THE RESTAURANT IS CLAIMING THAT THEY'RE STOPPING CONSTRUCTION BECAUSE OF THEIR SOUND MITIGATION COSTS, UH, GOOD LUCK DOING BUSINESS IN MIAMI BEACH.
IF, IF YOU'RE THAT STRAPPED, I MEAN, IT'S, IT'S JUST A RIDICULOUS ARGUMENT, FRANKLY, UH, TO SOMETHING THAT THEY'VE ALREADY AGREED UPON.
UM, UH, WHEN IT COMES TO THE SOUND AT RED AS, AS, UH, PREVIOUS RESIDENTS HAVE ALREADY, UH, UH, TESTIFIED, UM, THEY'RE
UH, THIS, I THINK IS GONNA BE A DIFFERENT ANIMAL.
UH, MUCH MORE CROWDED, A LOT MORE ACTIVITY, AND, AND IT, IT IS VERY, UH, CONCERNING AND, AND, UH, I WISH THEM LUCK.
I, I, I AM HAPPY THAT THE UNIT HAS BEEN, UH, OCCUPIED.
UH, BUT I, I'M JUST NOT BUYING THE ARGUMENT THAT THIS IS A, YOU KNOW, WELL, WE'RE STOPPING CONSTRUCTION BECAUSE WE CAN'T AFFORD SOUND MITIGATION.
UM, YOU'RE, THEY'RE GONNA HAVE SOME, SOME MUCH BIGGER ISSUES IN THE LONG RUN IF THAT IS INDEED THE CASE.
CAN YOU STATE YOUR FULL NAME FOR THE RECORD? GOOD AFTERNOON.
MY NAME IS BRITTANY GADO, AND I ALSO LIVE AT 8 0 1 SOUTH POINT DRIVE.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH? I DO.
SO FIRST OF ALL, THANK YOU TO THE BOARD FOR ALLOWING MYSELF AND ALL OF OUR NEIGHBORS, UH, TO SHARE OUR OPINIONS ON THIS MATTER.
WE REALLY APPRECIATE THE OPPORTUNITY TO BE HEARD HERE TODAY.
I LIVE AT A 8 0 1 SOUTH POINT DRIVE, AND THE REASON WE PURCHASED A HOME IN THE SOUTH OF FIFTH NEIGHBORHOOD IS BECAUSE IT HAS HISTORICALLY BEEN KNOWN TO BE THE QUIET RESIDENTIAL AREA OF THE BEACH.
[03:00:01]
BUSINESSES TO SUCCEED IN OUR NEIGHBORHOOD JUST AS MUCH AS THE BOARD WANTS BUSINESSES TO, TO SUCCEED ACROSS THE CITY.HOWEVER, I WOULD SAY THAT OVER THE PAST FEW YEARS, IT HAS GOTTEN SIGNIFICANTLY LOUDER IN THE SOUTH OF FIFTH NEIGHBORHOOD, MOST NOTABLY, THE SPORTS CARS THAT ARE DRAG RACING UP AND DOWN SOUTH POINT DRIVE AT ALL HOURS OF THE DAY AND NIGHT.
WE FEEL THAT THE ADDITION OF THIS NOISE, POLLUTION FROM THIS RESTAURANT DIRECTLY BELOW OUR HOME, WOULD BE A MAJOR DISTURBANCE TO THE RESIDENTS OF THE BUILDING AND OVERALL COMMUNITY.
ANYONE ELSE? THAT CONCLUDES OUR ONLINE CALLERS.
WE'LL CLOSE THE PUBLIC HEARING.
UM, DO YOU WANNA RESPOND TO YES, JUST BRIEFLY.
SO, UM, UNFORTUNATELY THERE SEEMS TO BE A REALLY LARGE FUNDAMENTAL UNDERSTANDING ABOUT WHAT THIS PROPOSAL IS.
UM, IT SEEMS TO HAVE BEEN COMMUNICATED TO THESE RESIDENTS THAT WERE PROPOSING JUST TO USE A LIMITER.
UM, THERE WAS ALWAYS A LIMITER IN INVOLVED.
WE WERE PROPOSING TO LOWER THE LIMITER AND CONTINUE TO CREATE A BOX.
UM, IT'S JUST THE THICKNESS OF THE BOX IS GETTING A LITTLE BIT THINNER BECAUSE OF THE LEVEL THAT IT WAS PREVIOUSLY DESIGNED TO WAS ESSENTIALLY TO THE LEVEL OF A NIGHTCLUB.
IF EVERY RESTAURANT IS FORCED TO SOUNDPROOF THEIR, THEIR RESTAURANT TO THE LEVEL OF A NIGHTCLUB, UM, ESSENTIALLY YOU'RE SIGNING THEM UP FOR, UH, UNPARALLELED COST OF CONSTRUCTION.
UM, YOU KNOW, AND IT, UH, IT APPEARS TO ALSO HAVE BEEN COMMUNICATED, UH, TO THE RESIDENTS AND THE ASSOCIATION THAT, YOU KNOW, THE COST IS JUST NOT A BIG DEAL.
UM, IT, IT IS A VERY SIGNIFICANT COST.
UH, JUST BECAUSE THEY'RE WELL FUNDED AND PEOPLE CAN, UH, POINT TO WHERE THEIR FUNDING COMES FROM, UH, DOESN'T MEAN THAT IT'S NOT IMPACTING THEIR ABILITY, UH, TO DO BUSINESS AND, AND PER, YOU KNOW, UH, BE SUCCESSFUL.
UH, AGAIN, THE THE BIGGEST THING HERE IS THAT THERE'S A FUNDAMENTAL MISUNDERSTANDING FROM THE NEIGHBORHOOD ABOUT, OR FROM THE BUILDING ABOUT WHAT WE'RE PROPOSING HERE.
YOU CAN SEE THE CONDITIONS THAT ARE IN THE DRAFT ORDER.
IT'S A LAYER OF DRYWALL ON TOP OF ADDITIONAL, UH, YOU KNOW, ANDY, I THINK CAN EXPLAIN IT BETTER.
AND CAN I CALL ANDY BACK IN, UH, TO EXPLAIN EXACTLY WHAT WE'RE DOING, UM, AND RESPOND TO MR. DROPBOX'S CONCERNS.
NICK, I'M, I'M MISSING SOME OF THE FUNDAMENTALS THAT THE RESIDENTS ARE, THIS WAS APPROVED, RIGHT? WHAT CHANGED THE CHA WHAT CHANGED WITH THE RESTAURANT? DID, WERE THEY GOING TO DO A NIGHTCLUB? WERE THEY GOING TO HAVE DJS? OF COURSE NOT.
WAS IT GOING TO BE A SCHLOCK HOUSE OR A FINE DINING RESTAURANT? WHAT PEOPLE ARE SAYING IS YOU'VE, THERE'S A ECONOMIC REASON THAT'S CAUSING YOU TO CHANGE WHAT YOU AGREED TO.
WHY DID YOU AGREE TO IT IN THE FIRST PLACE? YOU'RE SPEAKING FOR THE GAIA, I ASSUME SO.
SO IT WA THE CONDITIONS WERE DIRECTLY LIFTED FROM THE SOUND CONSULTANTS RES REPORT.
UM, IN HINDSIGHT, THE SOUND CONSULTANT OVERESTIMATED WHAT THE SOUND WAS BELIEVED TO BE IN THE RESTAURANT.
IT WAS JUST ASSUMING A WORST CASE SCENARIO THAT DID NOT EXIST.
SO YOU, IT'S NOT APPROPRIATE FOR RESTAURANT.
YOU ASSUMED THE WORST CASE, THE PEOPLE UP ABOVE AND THE NEIGHBORHOOD ASSOCIATIONS ALL BACKED YOU.
AND NOW YOU'RE COMING IN AND SAYING, WELL, WE CAN DO LESS.
WHAT, WHAT IF YOU'RE WRONG AND YOU'VE BUILT ALL THIS, AND NOW YOU'RE GETTING NOTHING BUT NOISE COMPLAINTS.
WHAT'S YOUR SOLUTION? WHAT'S YOUR PLAN B? IF YOU DO THIS FOR ECONOMIC REASONS AND THEY START HEARING NOISE, UH, THE, THE CONDITIONS OF THE CUP ADDRESS THAT THERE'S GONNA BE COMMISSIONING.
SO WE'RE GONNA ENSURE BEFORE THE RESTAURANT OPENS, BEFORE THEY'RE ABLE TO RECEIVE A CERTIFICATE OF USE, UM, THAT THEY'RE GOING TO DO COMMISSIONING, STAND IN THE UNITS ABOVE AND ENSURE THAT THEY DON'T HEAR ANYTHING.
YOU'RE GONNA HAVE 200 PEOPLE IN THE RESTAURANT TALKING.
THE, THE, THE CONCERN RAISED FROM CROWD NOISE.
I WOULD LIKE ANDY TO BE ABLE TO RESPOND TO THAT BECAUSE, UM, THAT IS HONESTLY THE IDEA THAT CROWD NOISE IS GONNA GO THROUGH AN EIGHT INCH SLAB THROUGH SOUNDPROOFING THAT'S INTENDED TO STOP MUSIC.
UM, AND THE SOUND, THE, THE CITY'S INDEPENDENT THIRD PARTY PEER REVIEWER AGREES WITH OUR CONCLUSIONS.
UM, THE, THE EXPERT FROM THE ASSOCIATION ADMITTED HE DIDN'T REVIEW ANY OF THE DATA HE HAD, HE DIDN'T REVIEW ANY OF THE REPORT.
UM, AND, AND HE, HE ESSENTIALLY JUST CAME UP HERE AND SAID IT.
NOW HE'S SAYING IT'S NOT TRUE, BUT HE DID NOT, HE, HE SAID HE WAS NOT PROVIDED THE INFORMATION.
UM, SO NICK, WHAT, WHAT ABOUT DOING THE SOUNDPROOF STUCCO OVER THE WALLS AND OR, UM, DOING THE BACKING OVER THE, THE CEILING BAT BAFFLING AND THINGS LIKE THAT? WE, WE ARE, THAT'S EXACTLY WHAT WE'RE DOING.
ARE YOU DOING THE WALLS AS WELL? YEAH.
ANDY, UM, COULD WE PROMOTE ANDY TO EXPLAIN EXACTLY WHAT THE, THE SIX CONDITIONS THAT WE'RE YES, ANDY, YOU THERE? I AM HERE.
[03:05:02]
OKAY.SO WE ARE MAKING PROVISIONS TO THE PROJECT TO ISOLATE SOUND THAT, YOU KNOW, WE DID NOT GO INTO THAT LEVEL OF DETAIL IN THE LETTER PROVIDED TO PLANNING BOARD FOR THE CUP UPDATE, NOR WERE WE ASKED BY SR ACOUSTICS TO PROVIDE ANY OF THIS INFORMATION.
AND ON THE SECOND PAGE, UH, OF, OF MIKE'S REPORT, HE SAYS, YOU KNOW, I HAVEN'T REVIEWED ANY OF THIS, UH, JUST THE LETTERS AND, UH, THE, THESE ARE ALL GENERAL RECOMMENDATIONS.
SO IN OUR EXPERIENCE, THE COMPLAINTS FROM RESIDENTS ADJACENT TO RESTAURANTS COME FROM MUSIC.
IN ALL MY YEARS, I HAVE NOT HEARD OF COMPLAINTS COMING FROM KITCHEN SOUND.
ANDY, IF WE COULD JUST, PEOPLE INSIDE THE RESTAURANT, IF WE COULD JUST GO ONE BY ONE THROUGH SURE.
THE CONDITIONS THAT WE'RE PROPOSING.
'CAUSE IT'S, IT'S REALLY THE, THE FUNDAMENTAL MISUNDERSTANDING IS WHAT I JUST WANT TO CLEAR UP.
IT'S NOT JUST A LIMITER THAT WHAT WE'RE PROPOSING, WE'RE PROPOSING, RIGHT.
A SOUNDPROOFED BOX OF A RESTAURANT.
I THINK ALSO IS, IS NICK AND IS, YOU KNOW, AFTER 12 O'CLOCK AND YOU'RE IN A RESIDENTIAL AREA, EVEN THOUGH YOU'RE A HIGH-END RESTAURANT, YOU'RE GONNA HAVE YOUR, YOU KNOW, NOISE FROM THE OUTSIDE AND THE CARS AND YOUR FERRARI AND ALL THOSE THINGS.
AND, YOU KNOW, I I, I JUST, ARE YOU WILLING TO CHANGE YOUR HOURS? BECAUSE I THINK THAT THAT'S A, THAT'S PROBABLY IF, IF YOU'RE IN A RESIDENTIAL AREA AND YOU'VE GOT CARS RACING AND ALL THAT, I MEAN, I KNOW, YOU KNOW, SOME OF THE RESTAURANTS THAT ARE DOWN THERE NOW HAVE THAT GOING ON, AND I'M JUST CONCERNED.
I MEAN, YOU KNOW, THERE'S GOTTA BE SOMETHING THAT WE CAN COME TO THAT'S FAIR FOR EVERYONE.
I MEAN, IF, IF, I'D LIKE TO LET ANDY JUST GO THROUGH SO WE CAN CLEAR UP, BUT, UM, WE'RE, WE'RE NOT HERE ON A REQUEST TO CHANGE THE HOURS.
UM, THE ASSOCIATION SUPPORTED THE HOURS ON THE ORIGINAL, UH, CUP AND, UH, THE HOURS, BUT THAT WAS ALL RESTAURANTS SOUTH OF FIFTH ARE SUBJECT TO THE SAME HOURS.
BUT WAS THAT WITH, THAT WAS WITH DIFFERENT SOUNDPROOFING THOUGH, CORRECT.
BUT THE SOUNDPROOFING IS IRRELEVANT TO WHAT HAPPENS OUT ON THE STREET, CORRECT? THAT IS THE, BUT, BUT IT'S STILL AFTER THE HOURS, WHICH IS, YOU KNOW, THE EXTERIOR WILL CLOSE AT 12:00 AM SO THE EXTERIOR CLOSES AT MIDNIGHT, THE EXTERIOR, I THINK IT'S 11 ACTUALLY FOR THE CP.
THE, THE EXTERIOR CLOSES AT 11, I BELIEVE, OR IS AT MIDNIGHT.
SORRY, I, SO THE, THE SOUND ISOLATION PROVIDED BY THE DESIGN THAT WE HAVE REDUCES 75 DECIBELS OF 1000 HERTZ, ABOUT 70 DECIBELS OF 500 HERTZ.
THAT'S WHAT WE'RE TALKING ABOUT WITH CROWD NOISE.
AND THAT'S GOING TO BE WELL BELOW THE LEVEL OF INTERIOR AMBIENT NOISE IN THE RESIDENCES UPSTAIRS.
AS A PROFESSIONAL, I'M NOT TOO CONCERNED ABOUT THIS WHEN IT COMES TO COMMISSIONING.
SO JUST TO, TO REITERATE, THE CITY'S INDEPENDENT THIRD PARTY PEER REVIEWER CAME UP WITH THE CONDITIONS, STAFF IS RECOMMENDING APPROVAL, AND OUR SOUND CONSULTANT, WHO ACTUALLY DID THE STUDIES, UH, CONFIRMS THAT THE UNITS ABOVE WON'T HEAR THE SOUND.
UM, AND ESSENTIALLY WHAT WE'RE HEARING IS MISINFORMATION ABOUT JUST RELYING ON A LIMITER TO REDUCE THE SOUND, CREATING A LOT OF CONCERN.
I COMPLETELY UNDERSTAND THAT IF THAT WAS WHAT WE WERE PROPOSING, THAT SHOULD BE REJECTED, BUT THAT'S NOT WHAT WE'RE PROPOSING.
SO I JUST WANT TO BE CLEAR AS TO WHAT'S BEFORE THE BOARD TODAY.
UH, UNFORTUNATELY, YOU KNOW, THE, THIS INFORMATION HAS BEEN PRESENTED TO THE ASSOCIATION IN A WAY, UH, THAT'S NOT ENTIRELY ACCURATE.
SO YEAH, JUST A COUPLE MINUTES, MR. CHAIRMAN, JUST BEAR IN MIND, THE PUBLIC HEARING IS CLOSED.
SO IF, AND WE'VE ALREADY HAD THE REBUTTAL, SO IF WE REOPEN THE PUBLIC, WE'LL NEED TO GIVE THE APPLICANT AN OPPORTUNITY TO DO ANY FINAL REBUTTAL.
I MEAN, I, IT'S JUST BECAUSE THEY'RE SAYING, I'M SAYING THINGS.
HE'S MAKING CLAIMS THAT I MADE A YEAH, YOU KNOW, AN ASSERTION THAT I DID NOT, I SAID WITHOUT THE INFORMATION I COULDN'T ASSERT.
AND THE ISSUE HERE IS, IS THAT I COULD NOT LOOK AT ANY OF THE DATA BECAUSE THEY DID NOT SUPPLY IT.
WE HAD A PRIVATE MEETING, WE ASKED THEM FOR THE DATA, THEY CANCELED THE MEETING, ENDED IT IMMEDIATELY,
[03:10:01]
AND WOULD NOT GIVE US THE DATA WE REQUESTED.WE HAVE DONE OUR DUE DILIGENCE, UM, TO TRY TO WORK THIS OUT BEFORE THIS HEARING, BUT UNFORTUNATELY THEY WOULDN'T PROVIDE ANY OF THIS.
AND, AND SO ARE, ARE YOU ABLE TO PROVIDE WHAT HE'S REQUESTING TO 'EM? ABSOLUTELY.
UH, WE, WE NEVER DECLINED THEM.
UM, THEY REQUESTED THE INFORMATION TWO DAYS BEFORE THE HEARING, AFTER THEY HAD ALREADY SENT THEIR LETTER OF OBJECTION.
SO AT THAT POINT, THEY CREATED AN ADVERSARIAL SITUATION AND WE WERE NOT, ALRIGHT, WELL MAKE A SUGGESTION.
THE LETTER WAS SENT AFTER THE MEETING.
UM, PLEASE DON'T HAVE IGNORANCE.
YOU DIDN'T KNOW ANY OF THE FACTS.
IT SOUNDS LIKE, UM, MAYBE THERE'S MISCOMMUNICATION BETWEEN YOU GUYS, BUT, UM, SOME B******T.
I DON'T KNOW IF THIS WOULD PASS WITH, WITH, UM, CITY'S RECOMMENDATION TODAY.
UM, AND OKAY, YOU SAY IT'S GONNA COST A LOT FOR, FOR THE SOUNDPROOFING APPROVED.
I SEE THE TYPE, YOU KNOW, THE, THE KIND OF ORNATE CEILING THAT'S GOING IN THERE.
MAYBE THERE'S SOMETHING ELSE THAT CAN BE WORKED OUT, OTHER KIND OF SOUNDPROOFING MATERIALS OR SOME KIND OF DESIGN THAT WOULD SATISFY BOTH THE, THE ASSOCIATION AND THE OWNERS AND YOUR CLIENT.
UH, MAYBE YOU GET TOGETHER WITH HIM BECAUSE APPARENTLY YOU GUYS ARE NOT ON THE SAME, UH, PAGE AND TRY TO COME UP WITH A SOLUTION THAT BOTH SIDES ARE HAPPY WITH.
FRANK IS HONESTLY, WHEN IT'S WITHIN A CONDOMINIUM BUILDING SOUTH OF FIFTH AND THE AMOUNT OF TAXES THESE PEOPLE ARE PAYING AND THEIR, AND THEIR NEED TO HAVE A PEACE, SOME PEACEFUL AND QUIET ENJOYMENT.
IT'S, IT'S IMPORTANT WE UNDERSTAND, UM, IF THAT'S THE WILL OF THE BOARD AND WE, WE'D LIKE TO HEAR IF THERE'S ANY MORE FEEDBACK FROM THE BOARD.
UM, REALLY JUST, WE, WE DID TRY TO GET THEM TO GIVE US SOME ADDITIONAL RECOMMENDATIONS OTHER THAN JUST DO THE ORIGINAL THING, UH, THAT WE, UH, AGREED TO.
BUT WE HAD, YOU KNOW, VOLUNTARILY PROFFERED THAT INTO THE CUP AND WE RECEIVED NOTHING.
WHAT WE RECEIVED WAS THE, THE LETTER I, I WOULD PROFFER THAT, THAT WE SUSPEND THIS, THAT YOU TALK AND TRY TO WORK SOMETHING OUT AT LEAST WITHIN THE NEXT SCHEDULED PLANNING BOARD MEETING.
AND THAT EVEN THOUGH WE DON'T REQUIRE IT, UM, IT WOULD BE A GOOD IDEA IF YOU GET SO N INVOLVED BECAUSE THIS IS A NEIGHBORHOOD ISSUE AND, AND IT'S, IT'S WHEN IT AFFECTS ONE BUILDING AND AFFECTS 'EM ALL.
I MEAN, WE WENT THROUGH AND WE HAD NO PROBLEMS WITH CATCH.
UH, YOU NAME THE RESTAURANT AND WE WORKED THIS OUT.
THIS IS THE VERY FIRST TIME THAT I'VE BEEN HERE SINCE, WELL, I'VE BEEN ON
UM, THEY'RE, THEY'RE YOUR CLIENTS.
SO THEY'RE THE PEOPLE THAT ARE GOING TO RECOMMEND THIS RESTAURANT.
AND YOU DON'T WANT THE PEOPLE ABOVE TO BE UPSET.
IT'S IN OUR MUTUAL INTEREST TO KEEP THE SOUND DOWN.
THAT'S WHAT WE'RE SUPPOSED TO DO.
SO TAKE 30 MORE DAYS AND FIGURE IT OUT.
WE, WE, WE WOULD RESPECTFULLY REQUEST A CONTINUANCE TO YEAH.
AND YOU'RE TRYING TO WORK WITH THEM.
IF THE ASSOCIATION HIRED YOU, OBVIOUSLY I WANT YOU TO WORK WITH 'EM.
BUT, BUT PROTECT THE RESIDENTS.
SO I THINK WE'RE ALL INCLINED TO, TO MOVE THIS FOR A MONTH.
IS THAT ENOUGH TIME? IS THAT ENOUGH? YES.
AND THEY'LL COMMIT TO PROVIDING THEM WITH THE INFORMATION THEY NEED.
ALRIGHT, SO SOMEONE WANT TO MOVE TO, AND EVERYBODY WILL BE HAPPY AND, AND EVERYBODY WILL.
YEAH, WE WANT EVERYONE TO BE HAPPY.
SO I'LL, I'LL MOVE TO, UH, DELAY THIS WITH THE INTENT THAT THEY'RE GOING TO TALK TO THE CONDO ASSOCIATION AND WITH A RECOMMENDATION THAT THEY ALSO GET THE NEIGHBORHOOD ASSOCIATION TO HELP MEDIATE THIS ISSUE.
SO MAKE THE MOTION YOU MADE IT.
ANYONE OPPOSED? OKAY, THANKS A LOT.
THANKS FOR ALL YOUR THANK YOU.
I KNOW Y'ALL WILL WORK EVERYTHING OUT.
UM, ALRIGHT, I'M GONNA LET YOU ALL GRAB YOUR LUNCHES, WHICH ARE HERE, AND THEN IF YOU DON'T MIND BRINGING 'EM BACK TO THE, UH, TABLE AND WE'LL JUST CONTINUE.
3, 2, 1, EACH AND LOCKER ON MY TO-DO LIST.
[22. PB25-0766. 1600 Washington Ave - Urban Core Residential Incentives Plan Comprehensive Plan Amendment]
[23. PB25-0765. 1600 Washington Ave – CD-3 Urban Core Residential Plan, Land Development Regulations Amendments]
WE ARE, YOU'RE GONNA HAVE TO TELL ME MM-HMMMOVING ON TO, UH, NEW COMPREHENSIVE PLAN CODE AMENDMENTS.
THE, UM, FIRST ONE IS PLANNING BOARD FILE 25 0 7 6 6 1600.
I GUESS THEY'RE COMPANION WASHINGTON AVENUE AND PLANNING BOARD FILE 25 0 7 6 5 1600 WASHINGTON AVENUE.
THESE ARE COMPANION ITEMS, SO WE'LL TAKE THEM TOGETHER.
AND BECAUSE THIS ALSO DOES ENTAIL AN INCREASE IN FAR, THIS REQUIRES THE APPLICANT TO GO THROUGH THE SIX STEP REVIEW PROCESS.
THIS INCLUDES, UM, STEP ONE, WHICH IS TODAY'S MEETING.
THIS IS THE FIRST STEP IN THE PROCESS.
THE BOARD WILL REVIEW THESE ITEMS
[03:15:01]
AND CONTINUE TILL THE NOVEMBER MEETING.IN THE MEANTIME, STEP TWO WILL TAKE PLACE, WHICH IS A COMMUNITY WORKSHOP MEETING.
AFTER THAT, THE PLANNING BOARD WILL HEAR THIS BACK IN, IN NOVEMBER WITH A RECOMMENDATION TO THE CITY COMMISSION.
AFTER THAT, THE CITY COMMISSION WILL REVIEW THIS THE FIRST TIME.
THERE'LL BE ANOTHER COMMUNITY WORKSHOP MEETING BEFORE, UM, THE FINAL ADOPTION HEARING BEFORE THE, THE CITY COMMISSION.
NOW THE BOARD MAY REMEMBER THAT, UM, THIS PARCEL IS SUBJECT TO THE WASHINGTON AVENUE, UM, UM, AMENDMENTS THAT WERE REVIEWED BY THE PLANNING BOARD LAST YEAR.
ULTIMATELY, THOSE AMENDMENTS GOT, UM, HELD UP IN THE CITY COMMISSION AND THOSE ARE CURRENTLY PENDING BEFORE, UM, THE CITY COMMISSION, I BELIEVE.
UM, THEY WERE CONTINUED TILL, TILL, UM, DECEMBER 17TH OF THIS YEAR.
IN THE MEANTIME, BECAUSE THE APPLICANT WAS CONCERNED ABOUT THE, THE STATUS OF THOSE AMENDMENTS, THEY FILED THEIR OWN PRIVATE APPLICATION FOR THE SPECIFIC SITE.
SO IN CASE THE, UM, AMENDMENTS THAT ARE CURRENTLY GOING THROUGH THE PROCESS DID NOT GET ADOPTED, THE APPLICANT HAS MORE CONTROL OF THEIR OWN PRIVATE APPLICATION.
THIS IS ESSENTIALLY VERY SIMILAR TO WHAT WAS APPROVED FOR THE WASHINGTON AVENUE.
UM, AREA PLAN INCLUDES THE SAME INCREASE IN FAR, UH, THE SAME UP TO THREE 3.25, THE SAME HEIGHT INCREASE UP TO 150 FEET.
THEY HAVE INCLUDED, UM, MASSING STUDIES OR APPLICATION THAT WAS CONTINUED TODAY, UM, TAKES ADVANTAGE OF THE, UM, THE CODE AMENDMENTS THAT ARE CURRENTLY PENDING BEFORE THE CITY COMMISSION.
UM, BUT THAT I'LL, I'LL TURN IT OVER TO THE APPLICANT.
THIS IS THE FIRST STEP IN THE PROCESS WE'RE SUPPORTIVE OF.
THIS APPLICATION IS VERY CONSISTENT, IF NOT ALMOST EXACTLY THE SAME AS THE AMENDMENTS THAT ARE CURRENTLY IN PROCESS FOR THE CITY COMMISSION.
UM, WE ARE RECOMMENDING THAT THE BOARD REVIEW THIS AND CONTINUE THE APPLICATION TO THE NOVEMBER MEETING TO ALLOW THE APPLICANT TO PRESENT FOR A COMMUNITY WORKSHOP.
VAL, I'LL TURN IT OVER TO MR. KADEN FOR HIS PRESENTATION.
MR. CHAIR, MEMBERS OF THE BOARD, NEESON KADEN AND CECILIA TORRES.
TOLEDO OF AKERMAN REPRESENTING THE APPLICANT, UH, WHICH IS THE PROPERTY OWNED BY AMBASSADOR PAUL SEJA, THE 400 BLOCK OF LINCOLN ROAD FROM LINCOLN ROAD TO 16TH STREET FROM WASHINGTON AVENUE TO DREXEL.
ALSO WITH US HERE TODAY IS MARIA STEAD, THE GENERAL MANAGER FOR MR. SAS'S PROPERTIES.
UH, IF WE CAN TEE UP THE PRESENTATION.
UH, WE, UH, ARE REQUESTING YOUR REVIEW AND FAVORABLE RECOMMENDATION OF OUR URBAN CORE COMPREHENSIVE PLAN AND LDR AMENDMENTS.
IF APPROVED, THESE INCENTIVES WILL ENABLE A 210 MARKET RATE RESIDENTIAL RENTAL PROJECT DESIGNED BY THE WORLD RENOWNED ARCHITECT ENRIQUE NORTON, AT 1600 WASHINGTON AVENUE.
THIS WOULD BE THE FIRST SIGNIFICANT RE RESIDENTIAL RENTAL PRODUCT IN THE CITY IN DECADES.
WE WILL BE PRESENTING THE PROJECT FOR CUP APPROVAL IN OCTOBER.
UH, THESE, UM, THE CITY, OF COURSE, HAS RECOGNIZED THE NEED TO INCENTIVIZE RESIDENTIAL DEVELOPMENT.
A COUPLE OF THOSE ITEMS HAVE COME BEFORE YOUR BOARD AS WELL.
ONE, UH, AND PASSED BY YOUR BOARD FOR WASHINGTON AVENUE.
THAT WAS THE COMMISSIONER SUAREZ'S, UH, INITIATIVE AND ALSO FOR LINCOLN ROAD, UH, COMMISSIONER FERNANDEZ AND OTHER COMMISSIONERS.
ALL BASED UPON THE REALIZATION THAT THERE NEEDS TO BE MARKET RATE ATTAINABLE RENTAL HOUSING IN THIS AREA IN ORDER TO SERVE THE PEOPLE WHO WORK HERE AND THE BUSINESSES THAT ARE HERE AS WELL.
IT WILL ALSO HELP STABILIZE THE COMMUNITY BY MAKING IT A LESS TRANSIENT COMMUNITY AND MORE OF A RESIDENTIAL COMMUNITY, WHICH WILL BE GOOD FOR SAFETY AS WELL AS THE PUB, UH, AS WELL AS BUSINESSES.
WHAT WE HAVE DONE IS FILE THIS SPECIFIC APPLICATION BECAUSE BOTH THE WASHINGTON AVENUE AND LINCOLN ROAD INITIATIVES, AND BY THE WAY, THIS IS CONSISTENT WITH THE WASHINGTON AVENUE INITIATIVE.
UH, WE'RE DEFERRED BY THE CITY COMMISSION TILL AT LEAST DECEMBER.
WE'RE READY TO GO FORWARD WITH THIS SPECIFIC PROGRAM.
AND THERE'S A UNIQUE ASPECT TO IT BECAUSE THIS IS TRULY MIAMI BEACH'S URBAN CORE.
WHEN I WAS A CHILD, UH, WE USED TO CALL THIS DOWNTOWN, THE INTERSECTION, THE CORNER.
I DON'T THINK, UH, MR. ELI ARE OLD ENOUGH TO REMEMBER THAT
IT WAS WHERE THE, THE BUSINESSES WERE, THE OFFICES WERE THE LAWYERS, UH, ALSO THE RETAIL STREET, LINCOLN ROAD, ALL THE CENTERS OF ACTIVITY AND THE HOTEL THAT IS MIAMI BEACH'S URBAN CORE.
[03:20:01]
CAN SEE SOME OF THE HISTORICAL PICTURES OF THAT URBAN CORE.GOING BACK TO MY CHILDHOOD WHEN
IT WAS A VERY BUSY, BUSY AREA.
IT IS ALSO AND REMAINS TODAY THE ECONOMIC HUB OF THE CITY OF MIAMI BEACH.
THERE ARE 200 PLUS BUSINESSES ALONG LINCOLN ROAD, THE MOST IMPORTANT OFFICE BUILDINGS.
FOUR 20 LINCOLN ROAD, 4 0 7 LINCOLN ROAD, UH, 1601 WASHINGTON AVENUE.
IT REMAINS THE BUSINESS CENTER, BUSINESS CORPS OF MIAMI BEACH, BUT IT'S ALSO THE CULTURAL AND CIVIC HUB FOR THE, FOR THE COMMUNITY WITH THE NEW WORLD SYMPHONY'S NEW WORLD CENTER, WITH THE GLEASON THEATER AND WITH THE MIAMI BEACH CONVENTION CENTER.
SO IT REMAINS THE CULTURAL HUB, THE CIVIC HUB, AS WELL AS THE BUSINESS HUB OF THE CITY OF MIAMI BEACH.
AND ALSO, AND THIS IS VERY IMPORTANT FOR RESIDENTIAL USE, IT IS THE MOBILITY HUB.
WASHINGTON AVENUE IS ONE OF THE BEST TRANSIT SERVICE STREETS IN MIAMI BEACH.
AND WASHINGTON AVENUE IS SERVED BY BOTH THE MIAMI BEACH TROLLEY AND VARIOUS METRO BUS ROUTES.
UH, WE'RE SHOWING YOU SOME MORE IMAGES OF THE ACTIVITY IN THE URBAN CORE.
ONE THING THAT'S IMPORTANT AS WELL, THOUGH TO, UH, LOOK AT AND IN RESPECT TO THE AMENDMENTS THAT ARE BEING REQUESTED, WHICH ARE MODEST IN SCALE, WE ARE SEEKING TO INCREASE THE FAR FROM 2.75 TO 3.25.
AND THE HEIGHT, ALLOWABLE HEIGHT FROM A HUNDRED TO 150 FEET IS THE EXISTING CONTEXT OF THE NEIGHBORHOOD.
SO YOU HAVE, AS I MENTIONED BEFORE, UH, 1601.
UH, THESE ARE THE, THESE ARE THE PROPERTIES THAT AMBASSADOR SEJA OWNS CON CONTAINING THE ENTIRETY OF THE BLOCK.
UH, THE, UH, URBAN COURT LEGISLATION NOW, UH, CONTEMPLATES, AS I SAY, WE'RE PROPOSING A SLIGHT INCREASE IN HEIGHT.
AMBASSADOR SEJA HAS OWNED THAT BLOCK SINCE THE 1990S, AND HE HAS PUT MILLIONS OF DOLLARS IN RESTORING THE HISTORIC ARCHITECTURE THERE, AS WELL AS BRINGING IN GREAT TENANTS, INCLUDING THE FLAGSHIP C ZARA STORE.
THE, UH, THE URBAN CORE LEGISLATION, THE URBAN CORE LEGISLATION, UH, THESE PROPERTIES ALREADY HAVE IN THE EXISTING CD THREE ZONING THE HIGHEST DENSITY THAT IS ALLOWABLE, UH, WHICH IS 150 UNITS AN ACRE.
HOWEVER, BECAUSE OF THE HEIGHT LIMITATIONS, UH, THE, AND THE FAR, THEY'RE NOT ABLE TO ACHIEVE THAT DENSITY AND THAT DENSITY IS IMPORTANT IN ORDER TO BE ABLE TO ACHIEVE THE CITY'S GOALS.
SO THEREFORE, WE'RE ASKING FOR, AS I MENTIONED, THE MODEST INCREASE IN FAR AND IN HEIGHT TO ACCOMMODATE RESIDENTIAL DEVELOPMENT CONSISTENT WITH THE DENSITY THAT IS ALLOWED IN THIS AREA.
THIS URBAN COURT LEGISLATION FURTHERS THE, UH, POLICY 1.1, UH, 10 OF THE CITY'S COMPREHENSIVE PLAN BY PROVIDING ADEQUATE FAR AND HEIGHT TO BETTER REALIZE THAT CONTEMPLATED DENSITY.
UH, I WOULD ALSO LIKE TO POINT OUT HOW THE URBAN CORE LEGISLATION IS VERY CONTEXTUALLY APPROPRIATE.
WHAT YOU'RE LOOKING AT THERE IN THAT THE IMAGE ON THE SCREEN ARE BUILDINGS THAT WILL BE, UH, AS, UH, SIGNIFICANTLY ACTUALLY E EXIST OR WILL SHORTLY EXIST THAT ARE SIGNIFICANTLY HIGHER THAN WHAT IS PROPOSED.
THAT IS THE CONVENTION HOTEL, WHICH IS UNDER CONSTRUCTION AT 185 FEET, 4 0 7 LINCOLN ROAD, WHICH IS APPROXIMATELY 180 FEET, ONE 20, UH, 1601 WASHINGTON AVENUE AT 124 FEET.
SO YOU CAN ALREADY SEE THAT THIS SCALE IS A SCALE THAT IS APPROPRIATE AND ALREADY EXISTING IN THAT NEIGHBORHOOD.
UH, FINALLY YOU CAN SEE THE CHANGES THAT WE ARE PROPOSING.
THE DENSITY REMAINS THE SAME, UH, UH, UNDER, AT 150 UNITS AN ACRE.
THIS WILL FACILITATE THE CONSTRUCTION OF 210 RESIDENTIAL UNITS ON THE CORNER OF 16TH AND WASHINGTON AVENUE, UH, WHICH IS ACTUALLY UNDER 150 UNITS AN ACRE.
THE INTENSITY THAT IS THE FAR WOULD GO FROM 2.75 TO 3.25, AND THE, UH, HEIGHT WOULD GO FROM 100 TO 150 FEET.
ALSO, IT IS IMPORTANT TO NOTE THAT THE PARKING FOR WHAT IS PROPOSED WILL BE ABLE TO BE ACCOMMODATED IN THE EXISTING GARAGE THAT HAS BEEN BUILT ON AMBASSADOR SAJA PROPERTY.
[03:25:01]
SO WITH THAT, WE ASK FOR YOUR SUPPORT FOR BOTH THE LAND USE PLAN AMENDMENT AS WELL AS THE THE LDR AMENDMENT.I THINK THIS IS EXACTLY WHAT EVERYONE IN THE CITY HAS BEEN LOOKING FOR, FOR THIS NEIGHBORHOOD AND FOR THE STABILITY OF OUR COMMUNITY.
AND WE REMAIN AVAILABLE TO ANSWER ANY QUESTIONS.
AND STAFF, IF I UNDERSTAND CORRECTLY, WE HAVE TO DEFER THIS NOVEMBER, RIGHT? NO, IT'S A MATTER, IT'S, UH, REVIEW IT AND CONTINUE IT TILL NOVEMBER.
NOW THERE WILL MEETING, THERE'S GOTTA BE.
IS ANYBODY ELSE IN HERE TO SPEAK ON THIS? LYLE? HI, EVERYBODY.
LYLE STERN, SIX 90 LINCOLN ROAD, WEARING MY LINCOLN ROAD PRESIDENT BID HAT.
UH, ON THIS APPLICATION, WE APPLIC HAVE THE JACKET ON NOW.
SO WE REVIEWED THIS, UH, AT THE BID.
WE SUPPORT IT, UH, AS BOTH A, A BID MEMBER, UH, LINCOLN ROAD PROPERTY OWNER, A RESIDENT OF THE CITY.
I THINK THAT THIS IS EXACTLY WHAT WE WANNA SEE MORE OF, ESPECIALLY IN OUR CENTRAL DISTRICT.
IT GOES TO NEW ARCHITECTURE, CLEANING UP THE STREET, CREATING, UH, A LIVE WORK ENVIRONMENT, CREATING MORE PEDESTRIAN ACTIVITY FROM LOCAL RESIDENTS.
UH, RIGHT NOW WE HAVE RESIDENTIAL NODES, WHETHER IT'S THE ISLANDS OR WEST AVENUE OR WHAT HAVE YOU.
THIS NODE IS A VERY TRANSIENT NODE, AND THIS WILL CREATE THE FURTHER CONNECTIVITY TO THE ROAD AND THE NODES AROUND IT.
UH, AND ALSO GIVE A NEW BUILDING STRUCTURE, UH, ON THAT PORTION OF LINCOLN ROAD.
SO WE ENDORSE IT FOR ALL THOSE REASONS.
WE, WE LIKE THE RESIDENTIAL, UH, INTENSIFICATION, UH, OF, UH, OF THE AREA AROUND LINCOLN ROAD, UH, AND URGE YOUR SUPPORT, UH, AND EVERYTHING ELSE THAT MASON SAID.
ANYBODY ELSE? ANYONE ON ZOOM? THERE'S NOBODY ON LINE WITH THEIR HAND RAISED.
YES, JILL? UM, COUPLE OF THINGS.
NUMBER ONE, MY BIGGEST ISSUE WITH THIS PLAN IS THAT IT'S NOT UP AND DOWN LINCOLN ROAD, BUT I THINK THIS IS REALLY, UH, YOU KNOW, WHAT LINCOLN ROAD NEEDS IN ORDER TO SAVE THE RETAIL.
UH, YOU KNOW, OBVIOUSLY DECREASED VACANCY.
MY QUESTION ON A SERIOUS NOTE IS, IS THERE ANYTHING THAT TIES THIS PROJECT TO BEING AN APARTMENT BUILDING VERSUS A FOR SALE PRODUCT? UH, WHAT, NO, WHAT THERE IS IS THERE WILL BE, AND THE LEGISLATION REQUIRES A COVENANT THAT THERE CAN BE NO SHORT TERM RENTALS.
THAT WAS WHAT I WAS GONNA ASK.
THAT'S NOW, THAT'S A STANDARD.
SO I, I THINK WHAT I'M ASKING FOR SPECIFICALLY IS FOR SALE VERSUS, NO, YOU MEAN APARTMENT VERSUS CONDO, CORRECT.
THERE, THERE IS NOT, BUT, UH, AND IF YOU LOOK AT, YOU'LL, THE CUP WILL BE COMING BEFORE YOU ON THIS PROJECT.
YOU'LL SEE THE WAY THE UNITS ARE DESIGNED, THE SIZING OF THE UNITS AND SUCH.
THIS IS NOT DESIGNED TO BE A, UH, A FOR SALE PRODUCT, BUT THERE'S NO COVENANT, UH, OR, UH, THAT IT WOULD NOT BE FOR SALE.
BUT IF YOU LOOK AT WHAT'S, AS I SAY, THE SIZING OF THE UNITS AND SUCH, YOU'LL SEE THIS IS DEFINITELY A RENTAL PRODUCT.
SO THE INTENTION FROM AMBASSADORS SAY US IS TO HAVE THIS AS A RENTAL.
AND I GUESS THIS IS NOW A QUESTION FOR CITY STAFF.
WHY IS THERE NO WAY TO, I GUESS, TIE, UH, PROPERTY APPROVAL TO, YOU KNOW, FOR RENT VERSUS FOR SALE? WELL, AS A, AS A GENERAL RULE, UM, ZONING RELATES TO USE AND NOT OWNERSHIP, RIGHT? SO, UM, IF WHAT OUR CODE REGULATES IS, IS, UH, IS WHETHER USE IS, IS RESIDENTIAL OR COMMERCIAL OR INDUSTRIAL OR MIXED USE, UM, YOU'RE IN A SLIGHTLY DIFFERENT POSITION HERE BECAUSE THIS IS, THIS IS PROPOSED AS AN INCENTIVE FOR DEVELOPMENT.
UM, BUT I DON'T THINK THE THE, THE CITY COULD CONDITION ITS APPROVAL ON, ON WHETHER THE PROPERTY IS, IS USED FOR, FOR RENTALS OR, UM, WHETHER IT'S USED FOR, FOR CONDOMINIUMS. THERE ARE VARIOUS PREEMPTIONS IN FACT, AT, AT THE STATE LEVEL, UM, THAT RELATE TO CONDO AND CO-OP PROPERTY, UM, THAT, THAT, THAT PROHIBIT US FROM ADOPTING REGULATIONS ON THE BASIS OF, OF HOW THE PROPERTY IS OWNED.
AND I'M NOT SAYING THAT THE APPLICANT WOULD BE INTERESTED IN THIS AT ALL, BUT IF THE CITY WERE TO OFFER, LET'S SAY, AN ADDITIONAL INCENTIVE TO INCLUDE WORKFORCE HOUSING OR, OR SOMETHING ALONG THOSE LINES, IS THAT SOMETHING THAT COULD TIE OWNERSHIP TO A SPECIFIC RENTAL USE VERSUS FOR SALE USE? I TH I THINK SO, YES.
IF THE CITY WERE WHERE, UM, WE'RE GONNA OFFER THAT AS AN INCENTIVE.
MR. SMITH, MAY I, MAY I COMMENT ON THAT? 'CAUSE THIS IS OBVIOUSLY A COMMON A THOUGHT, SOMETHING, A GREAT DISCUSSION.
I THINK ONE THING THAT THE CITY AND THIS
[03:30:01]
MOVES IN THAT DIRECTION, I THINK WHAT, UH, WAS PROPOSED FOR WASHINGTON MOVES IN THAT DIRECTION.WHEN YOU LOOK AT REGULATIONS REGARDING THE SIZING OF UNITS, UH, YOU KNOW, SO THAT THEY COULD BE SMALLER UNITS POTENTIALLY, BUT NOT MICRO UNITS, BUT SMALLER UNITS, UH, YOU LOOK AT, YOU KNOW, PARKING REGULATIONS, YOU'RE SETTING THE, UH, THE BUSINESS ENVIRONMENT FOR RENTAL PRODUCT TO BE BUILT AS OPPOSED TO OCEAN FRONT LUXURY CONDOMINIUMS. AND SO I THINK WITHOUT DICTATING THE MARKET, WHETHER IT BE CONDO OR RENTAL, I THINK YOU CAN CREATE A SERIES OF REGULATIONS, UH, THAT WOULD FAVOR RENTAL CONSTRUCTION.
SO I THINK THAT'S, THAT'S TRUE BY AND LARGE.
BUT IN MIAMI BEACH, PEOPLE CAN SELL ANYTHING ANYONE
SO AS MUCH AS WE MIGHT TRY AND, YOU KNOW, DICTATE POLICY OR I'D SAY, YOU KNOW, ZONING USES AND, AND YOU KNOW, MINIMUM UNIT SIZE, MAXIMUM UNIT SIZE, ALL OF THAT, PEOPLE WILL BUY ANYTHING IN MIAMI BEACH OR AT LEAST THAT'S THE HOPE.
UM, SO I'M JUST TRYING TO THINK OF WHAT ELSE WE COULD DO UP HERE.
EVEN IF IT'S NOT RELEVANT TO THIS PROJECT SPECIFICALLY, UH, TO TRY AND TIE OWNERSHIP TO FOR RENT VERSUS FOR SALE.
BUT ARE YOU SAYING YOU PREFER A FOR SALE PRODUCT? I'M SAYING I PREFER FOR RENT.
AND I THINK THAT'S REALLY THE MISSING MIDDLE PIECE TO GET.
LISTEN, IT'S SO THAT DENSITY BACK INTO I AGREE, LIVING ON MIAMI BEACH, IT'S CHEAPER TO RENT TODAY THAN ON, IT'S CRAZY.
NO, NOT ONLY THAT, PEOPLE ARE MOVING OUTSIDE OF MIAMI BEACH TO LIVE AND TRYING TO FIGURE OUT HOW TO GET THEM TO STAY HERE.
ANY OTHER TAKE ADVANTAGE OF THAT, SCOTT? YEAH.
UM, WHEN WE, UM, WERE TALKING ABOUT THE, UM, UM, THE WASHINGTON AVENUE, UH, INCENTIVES.
I MEAN, I SAID THAT, YOU KNOW, WE WERE CONTEMPLATING LIKE ALL UP AND DOWN WASHINGTON FAR INCREASES AND HEIGHT INCREASES.
AND I WAS SAYING THAT, YOU KNOW, MAYBE THAT'S NOT A GOOD IDEA FOR WASHINGTON.
MAYBE CERTAIN AREAS SHOULD HAVE HIGHER FAR THAN OTHERS.
AND I MENTIONED SPECIFICALLY THE CITY CENTER AREA, AND I SAID THIS, THAT WOULD BE THE AREA, ONE AREA FOR AN FAR INCREASE.
I THINK IT'S A, YOU KNOW, IF WE'RE GONNA DO ANYTHING ON WASHINGTON AVENUE, THIS IS THE ONE AREA THAT NEEDS IT, THAT, THAT COULD BENEFIT FROM IT.
UM, BUT ALSO WITH THE OVERLAY WE, OR, OR THE WASHINGTON AVENUE INCENTIVES, WE ALSO TALKED A LITTLE ABOUT HOW THAT CAN KIND OF STILL TRY TO FIT IN SOMEWHAT WITH THE CONTEXT OF THE, THE BUILT UP CONTEXT OF THE NEIGHBORHOOD.
YOU KNOW, WE TALKED A LITTLE BIT ABOUT SETBACKS AND THINGS LIKE THAT.
UM, SO WHEN I SEE THIS PROJECT, WHICH IS BASICALLY A LARGE BUILDING, THERE'S, YOU KNOW, NO SETBACKS.
IT'S, IT'S, UM, THERE'S, YOU KNOW, I'M NOT AN ARCHITECT, BUT IT DOESN'T SEEM TO BE, UM, THAT SORT OF, UM, HOW SHOULD WE CALL IT? UH, DOESN'T HAVE A LOT OF DIFFERENT LINES ON THE BUILDING, LET'S SAY, YOU KNOW, IT JUST LOOKS LIKE YOU DOING WHATEVER YOU CAN TO MAXIMIZE, UM, UM, THE AVAILABLE SQUARE FOOTAGE.
SO I'M A LITTLE TORN THAT WAY BECAUSE, YOU KNOW, I, EVEN THOUGH THIS IS A GREAT AREA FOR AN F AIR INCREASE, YOU KNOW, IF I WOULDN'T WANNA SEE ONE OF THESE AFTER ANOTHER ALL UP AND DOWN THE STREET.
SO, UM, YOU KNOW, I'M, I'M IN FAVOR OF THIS MOVING FORWARD, BUT I THINK, YOU KNOW, MAYBE THE COMMISSION OUGHT TO LOOK AT THAT, YOU KNOW, 'CAUSE IF THIS IS WHAT THEY'RE SAYING, IT'S GONNA BE ALL UP AND DOWN WASHINGTON AVENUE, I THINK THEN THERE'S, YOU KNOW, I WOULDN'T BE IN FAVOR OF THAT.
UM, SO IT'S SOMETHING WE, WE SHOULD, WELL, I DON'T KNOW IF THAT'S COMING BACK TO US.
I DON'T THINK IT IS THE WASHINGTON AVENUE INCENTIVES.
IT'S SOMETHING THAT THE, THE COMMISSION SHOULD, UM, I GUESS CONSIDER MOVING FORWARD.
UM, I, I JUST WANTED TO GET THAT OUT THERE.
THE, THE OTHER THING IS THAT, UM, YOU KNOW THIS BECAUSE THIS IS NOT PART OF ZONING.
THERE, THERE, THIS IS A PRIVATE APPLICATION.
WHAT WE'VE SEEN RECENTLY WITH PRIVATE FAR INCREASE APPLICATIONS, A PUBLIC BENEFIT ELEMENT.
UM, I DON'T KNOW IF YOU WANNA CONSIDER THAT, BUT BECAUSE THIS IS A PRIVATE APPLICATION, UM, YOU KNOW, MAYBE THAT WOULD BE, UH, SOMETHING TO SORT OF, UM, MOVE IT FORWARD QUICKER.
I DID NOTICE ONE THING IN YOUR PROPOSED ORDINANCE, YOU'RE ALSO, UM, ASKING TO, TO WAIVE ALL THE MOBILITY FEES.
SO I, I, I DON'T KNOW, MAYBE SOMETHING I, I, IF I MAY, MR. A COUPLE OF THINGS.
AND FIRST OF ALL, I DID FAIL TO MENTION AS WELL AS, YOU KNOW, THAT THE WASHINGTON AVENUE BUSINESS IMPROVEMENT DISTRICT HAS ENDORSED THIS ITEM.
AND I THINK YOU'RE, YOU'RE, YOU'RE CORRECT IN SAYING IF THERE'S ONE PLACE THAT IS THE, THE MODEL PLACE TO HAVE THIS, IT IS THIS PLACE BECAUSE IT'S THE URBAN CORE.
AND SO, UH, I THINK THERE'S CONSENSUS ON THAT.
UH, IN TERMS OF, I WOULD ALSO SAY THAT, BY THE WAY, AS YOU KNOW, THERE'S THE EXISTING PARKING GARAGE THERE, AND THAT ACTUALLY SERVES AS WILL REMAIN.
SO THAT'S A SORT OF A BUFFER TO THE, TO THE, TO THE WEST WITH RESPECT TO PUBLIC BENEFIT.
[03:35:02]
THIS PROJECT A, THIS PROJECT IS THE PUBLIC BENEFIT, AND B, THE OTHER TWO FAR INCREASES THAT WERE PASSED, THIS IS LESS THAN A 20% INCREASE IN FAR, YOU KNOW, A 50% INCREASE IN HEIGHT.THE OTHER TWO WERE EITHER DOUBLE OR IN ONE CASE ALMOST TRIPLE THE FAR.
SO
HE'S JUST TRYING TO GET AS MUCH FAR AS HE NEEDS TO MAKE A VIABLE PROJECT.
NOW I BRING THAT UP, THE PUBLIC BENEFIT.
'CAUSE I DID SEE THE, THE IN THE ORDINANCE WAIT, ASKING TO WAIVE THE MOBILITY FEE.
AND THEN THAT MADE ME THINK, WELL, I MEAN, WE'RE, YOU'RE GETTING THE FAR INCREASE AND ASKING FOR MORE.
MAYBE, YOU KNOW, GIVE SOMETHING BACK.
I MEAN, HE COULD HAVE COME IN AND ASKED FOR, YOU KNOW, DOUBLING THE FAR, BUT HE JUST WANTS TO BE ABLE TO HAVE ENOUGH TO DO A VIABLE PROJECT, AND AS A RESULT, THIS INCREASES THE CHANCES OF THIS REALLY HAPPENING.
HE WOULD'VE
MICHAEL, DO WE NEED TO MOVE ONE AT A TIME? I MEAN, WE'RE JUST MOVING IT NOVEMBER, RIGHT? WE CAN DO IT TOGETHER.
CONTINUE BOTH ITEMS TO THE, ALL RIGHT.
SO WE MOTION TO CONTINUE PB 25 0 7 66, AND 25 0 7 65 TO NEXT MONTH'S MEETING.
WHICH IS IT? NEXT MONTH? NO, NOVEMBER.
THANK YOU VERY MUCH BY THE WAY, IT'S A PLEASURE TO SEE YOU ALL.
HOPE YOU HAD A GOOD, UH, SUMMER EVERYBODY.
I WANT EVERYONE TO KNOW THE NEXT MEETING'S ON A THURSDAY, JUST SO YOU REMEMBER.
AND WE WANT TO SAY GOODBYE TO MICHAEL AND TELL YOU HOW LOVELY IT IS TO WORK WITH YOU.
WHAT ARE TALKING, WHERE ARE YOU GOING? THANK YOU.
B I'M GOING TO HISTORIC PRESERVATION BOARD.
HPBI WAS STAFFED TO THE HPB FOR 10 YEARS FROM ABOUT 2003, 2013.
SO I'M GOING BACK TO HISTORIC PRESERVATION BOARD.
AND DEBBIE TACK, WE'VE SEEN BEFORE IS GONNA BE COMING TO THE PLANNING BOARD HERE.
IT'S BEEN GREAT WORKING WITH YOU.
THAT, UH, ADJOURNS THE MEETING.