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5, 4, 3, 2, 1.

[00:00:05]

OKAY.

GOOD MORNING EVERYBODY.

WELCOME TO THIS MONTH'S PLANNING BOARD MEETING, WHICH IS ON A THURSDAY FOR A CHANGE.

UM, FIRST I WANNA WELCOME OUR NEW LIAISON, DEBORAH TACKETT AND JAKE SUPPORT.

HAPPY TO HAVE THEM.

VERY EXCITING.

UM,

[1. September 9, 2025 meeting ]

AND UH, WE'RE GONNA START, NICK, I'LL GET TO YOU IN ONE SECOND.

IF I COULD JUST GET A MOTION TO APPROVE THE MINUTES FROM THE SEPTEMBER MEETING.

MOTION TO APPROVE.

CAN I GET A SECOND? SCOTT? SECOND.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY,

[CITY ATTORNEY UPDATES]

MR. ES.

THANK YOU MR. CHAIRMAN AND GOOD MORNING MEMBERS OF THE BOARD.

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

THE PUBLIC MAY DIAL 1-877-853-FIVE 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 6 1 4 3 4 2 6 3 2 7.

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

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

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

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

OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS, PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING.

OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEM.

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

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

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

AND LASTLY,

[SWEARING IN OF PUBLIC]

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

PLEASE RAISE YOUR RIGHT HANDS.

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

THANK YOU.

THANK YOU NICK.

AND, AND AS FAR AS ATTENDANCE, IT'S PROBABLY OBVIOUS, BUT, UH, ELIZABETH LATON IS NOT PRESENT.

EVERYONE ELSE IS.

ALRIGHT.

THE FIRST IS

[2. PB21-0441, 2038 Collins Avenue]

A PROGRESS REPORT PLANNING BY PLANNING BOARD FILED PB 21 0 4 4 1 20 38 COLLINS AVENUE.

UM, THANK YOU MR. CHAIR.

THIS IS A PROGRESS REPORT FOR A CHANGE OF OWNER OPERATOR AS REQUIRED BY THE CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT WITH ENTERTAINMENT AND AN OCCUPANT CONTENT IN EXCESS OF 200 PERSONS.

UM, THIS PARTICULAR PROPERTY HAS A LONG HISTORY.

UM, INITIALLY IT GOES BACK TO A CONDITIONAL USE PERMIT FOR THE ENTIRE BUILDING, WHICH IS A PARKING GARAGE WITH RETAIL ON THE GROUND FLOOR THAT WAS APPROVED IN, UH, 2001.

UM, THIS PARTICULAR SPACE AS THERE ARE MULTIPLE, UH, TENANTS WITHIN THE GROUND FLOOR OF THE BUILDING, UH, IS LOCATED AT, UH, 2038 COLLINS AVENUE.

UH, THE INITIAL CUP WAS APPROVED BY THE BOARD IN DECEMBER OF 2015.

THAT WAS FOR BAEL, UH, RESTAURANT.

UM, AND THEN SUBSEQUENT A CHANGE IN OPERATOR TO RASPUTIN WAS APPROVED IN JUNE OF 2021.

UH, THE CURRENT OPERATOR, UH, CAD HOSPITALITY LLC, HAS UH, SUBMITTED THE REQUIRED AFFIDAVIT, UH, WHICH WAS APPROVED BY THE PLANNING DEPARTMENT.

AND THEY ARE CURRENTLY, UH, REQUESTING, UH, THIS PROGRESS REPORT IN ORDER TO CHANGE THE OPERATOR AND TO ACKNOWLEDGE ALL OF THE CONDITIONS THAT ARE, UH, EXISTING IN THE CUP.

THERE ARE NO OTHER CHANGES TO THE CUP, OTHER THAN THE OPERATOR AT THIS TIME.

UH, I WOULD LIKE TO POINT OUT THAT AT THE TIME WE, WE DRAFTED THIS REPORT, NO COMPLAINTS, UH, HAVE BEEN RECEIVED AND NO VIOLATIONS HAVE BEEN ISSUED FOR THIS PARTICULAR SPACE.

UM, THEREFORE WE ARE, UH, RECOMMENDING THE PLANNING BOARD, UM, CONCLUDE THE PROGRESS REPORT.

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

OKAY, SIR.

UH, GOOD MORNING.

MEMBERS OF THE BOARD, SAMUEL RUBERT, UM, SAMUEL RUBERT, PA ON BEHALF OF THE APPLICANT, CAD HOSPITALITY LLCI CAN'T SUMMARIZE IT ANY BETTER THAN MS. ETT DID , BUT I AM HERE FLATTER.

WE'LL GET YOU EVERYWHERE.

QUESTIONS YOU HAVE, MY CLIENT IS ALSO HERE, THE PRINCIPAL.

MY CLIENT IS ALSO HERE IN CASE YOU HAVE ANY QUESTIONS FOR THE OPERATOR.

UM, OTHER THAN THAT, WE HOPE YOU CLOSE OUT THE PROGRESS REPORT.

OKAY.

ANYONE IN CHAMBERS SPEAK ON THIS? ANYONE ON ZOOM?

[00:05:01]

NOBODY ON ZOOM.

WE'LL CLOSE THE PUBLIC HEARING.

ANY QUESTIONS? I WANNA MOVE IT.

MOTION TO CONCLUDE THE PROGRESS REPORT.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY, THANK YOU.

THANK YOU.

THAT WAS EASY.

ALRIGHT,

[3. PB25-0773. 1784 West Ave]

THE NEXT ITEMS ARE PREVIOUSLY CONTINUED APPLICATIONS.

THE FIRST ONE IS PLANNING BOARD FILED 25 0 7 7 3 17 84 WEST AVENUE, WHICH I BELIEVE IS THE PASTA BAR.

THAT IS CORRECT, MR. CHAIR.

UM, THIS IS AN APPLICATION IT WAS FILED REQUESTING A CONDITIONAL USE APPROVAL FOR A RESTAURANT WITH MORE THAN 100 SEATS AND AN OCCUPANCY CONTENT IN EXCESS OF 125 SEATS PURSUANT TO SECTIONS 2.5, 0.2, AND THREE OF THE MIAMI BEACH RESILIENCY CODE.

AND I'M GONNA TURN IT OVER TO JAKE FOR OUR RECOMMENDATION.

THANK YOU, DEBBIE.

THIS IS THE FORMER SUSHI GARAGE LOCATION AT WEST AVENUE ON 18TH STREET.

AS DEBBIE SAID IN THE SUNSET HARBOR NEIGHBORHOOD, A RESTAURANT THAT SERVES ALCOHOL WITH MORE THAN 100 SEATS OR AN OCCUPANCY IN EXCESS OF 125 PERSONS REQUIRES A CONDITIONAL USE PERMIT.

THE PROPOSED RESTAURANT INCLUDES A TOTAL OF 122 SEATS INDOORS AND A PATRON OCCUPANT CONTENT OF 195 PERSONS.

THE APPLICANT IS PROPOSING INDOOR AMBIENT BACKGROUND MUSIC PLAYED AT A LEVEL THAT DOES NOT INTERFERE WITH NORMAL CONVERSATION AS ENTERTAINMENT IS NOT PERMITTED IN THIS AREA OF THE CITY.

THE APPLICANT INITIALLY PROPOSED HOURS OF OPERATION FROM 5:00 PM TO 11:00 PM MONDAY THROUGH THURSDAY AND NOON TO MIDNIGHT FRIDAY THROUGH SUNDAY.

HOWEVER, THE APPLICANT HAS NOTIFIED STAFF THAT THEY'LL BE PRESENTING MODIFIED HOURS OF OPERATION CLOSING AT MIDNIGHT MONDAY THROUGH THURSDAY AND 2:00 AM FRIDAY THROUGH SUNDAY.

AND ON STATE AND FEDERAL HOLIDAYS, VALET SERVICE WILL BE PROVIDED BY THE APPLICANT AND THE CITY'S TRANSPORTATION AND MOBILITY DEPARTMENT HAS REVIEWED THE VALET PLAN AND IS RECOMMENDING SEVERAL CONDITIONS THAT HAVE BEEN INCLUDED IN THE DRAFT COP.

IN SUMMARY, THE REQUEST IS FOR A COP FOR 122 SEAT RESTAURANT WITH NO ENTERTAINMENT AND STAFF IS RECOMMENDING APPROVAL OF THE APPLICATION.

UM, THANK YOU JAKE.

IF I COULD JUST, UM, THE APPLICANT HAS ALSO, UH, CONTACTED STAFF, UM, AND DISCUSSED WITH THE TRANSPORTATION DEPARTMENT A PROPOSED MODIFICATION OF, UM, THE NINE VALET, UH, REQUIREMENT THAT IS, UH, PART OF THE DRAFT ORDER.

UM, THEY ARE NOW PROPOSING NOT TO KEEP THE NINE, BUT TO REEVALUATE WITH TRANSPORTATION, UH, WITHIN SIX MONTHS, UM, TO PROVIDE AN UPDATED VALET ANALYSIS TO DETERMINE IF NINE IS THE APPROPRIATE NUMBER, IF IT NEEDS TO BE MORE OR LESS.

UM, TRANSPORTATION HAS NOTIFIED US JUST, UH, ON YESTERDAY, UH, THAT THEY DON'T HAVE ANY OBJECTION WITH THAT MODIFICATION AND, UM, STAFF DOES NOT EITHER.

OKAY.

AND WHEN YOU PRESENT, UM, TO ME, I LIVE IN SUNSET HARBOR AND, AND MY ISSUE IS ALWAYS TRAFFIC.

AND CAN YOU JUST BE, UH, VERY SPECIFIC ABOUT THE VALLEY OPERATION, WHERE IT'S LOCATED AND, YOU KNOW, FOCUS ON THAT.

APPRECIATE SURE.

WE'VE GOT SOME SLIDES ON THAT.

SURE.

ABSOLUTELY.

OKAY.

SO GOOD MORNING.

NICHOLAS RODRIGUEZ, 200 SOUTH BISCAYNE BOULEVARD FROM THE LAW FIRM, BURG, CAL, DALE FERNANDEZ, LARKIN AND TEZ.

I'M JOINED BY ANDREA RIZZOLI, THE PRINCIPAL OF A PASTA BAR, AND VILLE RODINI, OUR ARCHITECT, UH, WE COULD CALL UP THE PRESENTATION.

SO THIS APPLICATION IS FOR A RESTAURANT CALLED A PASTA BAR IN SUNSET HARBOR.

UM, A PASTA BAR IS AN EXISTING RESTAURANT IN NEW YORK.

THEY HAVE ONE LOCATION.

IT'S BEEN VERY SUCCESSFUL IN SOHO.

UM, AND THEIR CONCEPT IS REALLY A, YOU KNOW, MORE CASUAL BUT STILL A SIT DOWN, UH, ITALIAN RESTAURANT.

AND IT'S, UH, CENTERED AROUND A CENTRAL KITCHEN WHERE THEY MAKE FRESH PASTA AND HANDMADE PASTA KIND OF IN FRONT OF YOU IN AN INTERACTIVE SETTING.

UH, AND JUST A, A NOTE ON OUTREACH.

WE DID MEET WITH SARAH AND MARYLAND FROM THE SUNSET HARBOR NEIGHBORHOOD ASSOCIATION, AND THEY WERE COMFORTABLE WITH THE APPLICATION ON OUR REQUESTED HOURS.

UM, AND THEY'RE ACTUALLY VERY EXCITED ABOUT THE CONCEPT COMING TO SUNSET HARBOR.

UM, SO AS TO THE LOCATION, THIS IS 1784 WEST AVENUE.

IT'S THE FORMER SUSHI GARAGE LOCATION AS, UH, JAKE HAD MENTIONED.

AND THIS, THIS SPOT HAS BEEN VACANT FOR THE LAST, LIKE TWO YEARS.

UH, AND IT'S IN NEED OF A REFRESH AND AN UPDATE FROM A PASTA BAR WHO'S COMING IN WITH A FULL INTERIOR REMODEL.

WE'RE RIGHT ACROSS THE STREET FROM FRESH MARKET AND OFFICE DEPOT.

UH, OUR FLOOR PLAN, UH, IS 122 INDOOR SEATS.

WE WOULD LIKE TO REQUEST A SIDEWALK CAFE PERMIT IN THE FUTURE FOR UP TO 28 SEATS ON THAT DEPRESSED SIDEWALK, UH, BENEATH THE STREET THAT'S IN FRONT OF THE, THE RESTAURANT.

BUT THAT IS OUTSIDE OF THE SCOPE OF THIS UP.

BUT WE JUST WANNA BE ABUNDANTLY CLEAR THAT WE DO INTEND TO REQUEST SOME OUTDOOR SEATING IN THE FUTURE.

NO MUSIC OUTSIDE IS AS PROHIBITED IN SUNSET HARBOR.

UM, SO 122 INDOOR SEATS.

AND THE OCCUPANCY, AS JAKE MENTIONED, IS

[00:10:01]

1 95.

UH, IT'S A, A DIFFERENT NUMBER THERE.

THAT IS JUST A TYPO.

SO THIS IS, UH, INTERIOR RENDERING OF KIND OF WHAT THE RESTAURANT WOULD LOOK LIKE.

THAT'S THE CENTRAL, UH, PASTA BAR WHERE THEY WOULD MAKE THE PASTA OR THE FRESH PASTA AND, UH, SERVE IT AT THE BAR SEATS.

AND THEN YOU HAVE THE, THE SEATS FLANKING THE SIDES, UH, YOU KNOW, FOR THE MORE FORMAL DINING SETTING.

UH, AND THESE ARE THE PROPOSED MODIFICATIONS BEFORE WE ADJUSTED THEM.

SO THE HANDOUT IS THE CORRECT PROPOSED MODIFICATIONS.

UM, AND JUST TO GET TO THE VALET QUESTIONS, SORRY, I HAVE A COUPLE MORE SLIDES AND BACK UP SINCE, UH, MR. CHAIR BRIAN ELIAS WOULD LIKE US TO COVER THIS.

SO THE TWO VALET SPACES ARE LOCATED ON THE EAST SIDE OF THE PROPERTY, UH, BETWEEN OFFICE DEPOT.

AND THE REASON WE CHOSE THAT AREA IS BECAUSE THERE'S ONLY ONE PARKING SPACE THAT'S ACTUALLY ON 18TH STREET AND WE NEED TWO FOR A, A PROPER VALET LOADING RAMP.

SO WE WORKED WITH THE PARKING DEPARTMENT AND THE TRANSPORTATION DEPARTMENT TO USE THE ONE SPACE THAT'S IN FRONT OF THE LOADING DOCK.

AND THERE'S KIND OF A STRIPED OUT AREA BETWEEN OUR PROPERTY AND THE EXTRA SPACE STORAGE NEXT DOOR THAT WOULD SERVE AS OUR SECOND SPACE SO THAT WE HAVE ENOUGH SPACE TO NOT BLOCK TRAFFIC.

AND UH, WE, YOU KNOW, WE THOUGHT IT WOULD BE LESS DISRUPTIVE ON WEST AVENUE, WHICH IS A LITTLE BIT WIDER THAN 18TH STREET, WHICH IS AFFECTED BY THE, THE ROAD RAISING, WHICH MADE THE SIDEWALK WIDER.

AND IT'S A LITTLE BIT OF A PINCH POINT THAT YOU SEE IN THE AERIAL.

UM, OUR VALET STORAGE LOCATION IS AT THE CHASE BANK, UH, NEXT TO WALGREENS.

AND HERE'S THE, THE ROUTE THAT THEY WOULD TAKE.

THEY WOULD TAKE D BOULEVARD TO DROP OFF THE CAR AND THEN ALTON ROAD AND COME BACK AND LOOP AROUND TO BRING THE CAR BACK TO THE, THE, THE VALET STAY CAN REPEAT WHICH, WHERE, WHERE IS THE PARKING? SO THE VALET PARKING LOCATION IS AT THE CHASE BANK.

IT'S THE BUILDING THAT'S RIGHT NEXT TO WALGREENS AND PUBLIX.

AND IT HAS LIKE A VERY LARGE SURFACE PARKING LOT THAT'S UNDERUTILIZED.

SO IT'S BEEN RECENTLY APPROVED TO BE AN UNDERUTILIZED VALET STORAGE LOT.

UH, AND I THINK WE'RE ONE OF THE FIRST THAT'S ACTUALLY, UM, PATRONIZING WITH THE VALET COMPANY TO USE THAT LOT.

UH, IT'S THE CLOSEST LOT THAT WE COULD IDENTIFY, UH, FOR A VALET STORAGE IN THE NEIGHBORHOOD THAT'S ACTUALLY AVAILABLE.

AND SO WE'RE, WE'RE WORKING WITH ELITE PARKING.

DO YOU KNOW WHERE THE UCI CO VALET PARKS? I'M NOT SURE WHERE O CHICO VALET PARKS.

I'M SORRY.

I DON'T KNOW.

UM, I, I BELIEVE IT'S THE SAME, YOU KNOW, I'M NOT SURE.

OKAY.

I BELIEVE IT'S THE SAME VALET OPERATOR.

UM, BUT I DIDN'T ASK HIM.

THEY MAY END UP ACTUALLY PARKING IN THE SAME LOCATION 'CAUSE I THINK BUT IT'S THE SAME OPERATOR.

IT'S, I IT'S THE SAME.

BUT YOU'RE GONNA HAVE A SET A STAND SET UP IN A SEPARATE PLACE.

YES.

'CAUSE WE'RE IN A COMPLETELY DIFFERENT LOCATION THAN U RIGHT AROUND THE CORNER.

YEAH.

YEAH.

SO, UM, OUR STAND WOULD BE ON, ON WEST HALF.

RIGHT.

I'M JUST TRYING TO VISUALIZE, THAT'S THE SAME STREET THAT TREMONT AND BEACH ARE ON AND THE, AND THE RIGHT TREMONT AND BEACH ARE A LITTLE BIT DOWN THE WAYS, BUT YEAH, WE'RE ON UM, ACTUALLY IS THIS NO STREET? NO, IT'S ONE STREET.

IT'S ONE STREET TO THE EAST OF THAT.

THIS IS WHERE, OKAY, THIS IS WHERE OFFICE DEPOT IS.

MM-HMM .

MM-HMM .

WHERE THERE'S A LIGHT UNDER YEAH, THERE'S A LIGHT AT THAT INTERSECTION BEFORE YOU GET TO IT.

YEAH.

WHICH IS BETTER THAN HAVING IT ON ON 18TH STREET 'CAUSE THAT'S WHERE MOST OF THE TRAFFIC IS.

RIGHT? THAT'S WHAT I WAS CONCERNED WITH.

YEAH.

YEAH.

THAT THERE USED TO BE PARKING SPACES ALL HERE, WHICH WE WOULD'VE SERVED AS A GOOD VALET RAMP.

BUT WHEN THEY DID THE ROAD RAISING IN SUNSET HARBOR, THEY WIDENED THE SIDEWALK AND TOOK AWAY SOME OF THE PARALLEL PARKING SPACES.

SO IT JUST WOULDN'T WORK WELL RIGHT IN FRONT OF THE RESTAURANT.

UM, THE MAIN ENTRANCE WILL ACTUALLY BE HERE.

SO IT ACTUALLY WORKS OUT THE VALLEY RIGHT NOW.

WHAT IS IN THOSE SPACES? 'CAUSE IT DOESN'T LEAVE, IT LOOKS LIKE, I MEAN, IF THERE'S CARS COMING THE OTHER WAY, THERE'S PARKING SPACES ON THE OTHER SIDE.

THE, I GUESS HOW MUCH SPACE IS THERE FOR CARS TO PASS BY WHEN VALET HAS TWO OR THREE CARS PARKED THERE SO THAT IT'S SUFFICIENTLY WIDE? THERE'S ACTUALLY, IF YOU SEE HERE, THIS IS OUR, OUR LOADING DOCK.

SO THERE'S ENOUGH SPACE FOR A CAR.

YOU CAN SEE ACTUALLY IN THIS VERY SMALL IMAGE, THERE ARE CARS IN THE TRAVEL LANE HERE AND THERE'S PLENTY OF SPACE HERE BETWEEN THE CURB WHERE CARS CAN PULL IN.

AND THEN WE HAVE, IS IT THAT RAMP THERE THAT'S KIND OF, ARE THEY GONNA BE ABLE TO PULL INTO THERE? WE DON'T WANT 'EM TO PULL INTO THE RAMP BECAUSE THEN THAT WOULD HAVE TO BACK OUT AND THAT TAKES LONGER AND THAT WOULD CAUSE TRAFFIC BACKUPS.

SO WE JUST WANT THEM TO PARALLEL NEXT TO THAT RAMP.

AND THAT'S OUR LOADING DOCK.

SO WE HAVE A CONDITION THAT PROHIBITS US FROM OPERATING THE VALET AT THE SAME TIME THAT WE WOULD BE LOADING.

UH, SO THERE'S NO CONFLICTS THERE, BUT WE'RE, WE'RE ONLY OPEN IN THE EVENINGS FOR DINNER.

5:00 PM TO 11 OR 2:00 AM ON WEEKENDS.

SO LOADING WOULD HAPPEN DURING THE DAY ANYWAYS.

AND THEN ARE YOU PLANNING ON HAVING LIKE A GOLF CART OR SOMETHING TO TAKE THE VALET BACK? RIGHT NOW? I THINK THERE WOULD JUST BE WALKING, RUNNING, UM, ACROSS THE STREET, ACROSS ALTON, UH, ACROSS THE ALTON AND DADE BOULEVARD, UH, SIGNAL.

THE CROSSWALK THERE.

YES.

UM, AND, BUT IT'S NOT A

[00:15:01]

VERY FAR DISTANCE.

AND IN THE VALET ANALYSIS WHAT THEY DO IS THEY CALCULATE, YOU KNOW, HOW LONG IT WOULD TAKE FOR THAT, THAT PERSON TO WALK THERE.

AND THAT'S WHY WE HAVE NINE VALET ATTENDANTS REQUIRED.

WHAT ENDS UP HAPPENING IS IN PRACTICE, THERE'S MUCH LESS PEOPLE DRIVING AND VALETING THAN WHAT'S PREDICTED IN THE ANALYSIS.

SO THAT'S WHY WE'D LIKE TO COME BACK AND SEE HOW MANY PEOPLE ARE ACTUALLY DRIVING TO THIS RESTAURANT AND POTENTIALLY REVISE UP OR REVISE DOWN BASED ON SIX MONTHS OF OPERATIONS.

I GOOD IS YOU'LL REVISE DOWN ALWAYS.

I'M JUST SAYING THERE'S GARAGES IN THE AREA.

THERE'S THE WHOLE, THE WHOLE GARAGE WHERE THE, ALL THE OTHER RESTAURANTS ARE PEOPLE, SOUTH PARK AND A LOT OF PEOPLE AT UBER AND WALK.

ANYWAY, JUST, JUST ONE THING FOR ME.

SO WHAT WAS THE REASON THAT YOU DIDN'T WANNA STAGE THE VALET CARS ON 18TH? SO WE, WE CAN'T BECAUSE THERE'S ONLY ONE.

SO YOU HAVE THAT CUTOUT THERE? YEAH, WE HAVE A CUTOUT HERE.

THIS IS ONE PARKING SPACE AND THEN THESE ARE MOTORCYCLE PARKING SPACES.

WE CAN'T COMMANDEER THOSE SPACES BECAUSE THEY'RE TOO CLOSE TO THIS STOP SIGN.

GOT IT.

AND THERE'S A FLORIDA STATUTE THAT PROHIBITS US FROM PUTTING A PARKING SPACE THERE.

SO WE TRIED THAT AT FIRST, BUT IT JUST COULDN'T WORK.

UM, AND WE CAME TO THIS COMPROMISE WITH THE PARKING DEPARTMENT AND THE TRANSPORTATION DEPARTMENT ALL WORKING TOGETHER.

UM, IT TOOK A LITTLE BIT OF COORDINATION, BUT WE MADE IT HAPPEN.

OH, IT'S A PUBLIC HEARING.

I KNOW THERE'S SOMEONE HERE FOR IN CHAMBERS.

MISS SUNSET HARBOR.

NO, I'M GONNA BE AS AN INDIVIDUAL SINCE WE, YOU KNOW, WE HAVE THIS ISSUE WITH THE, THE NEIGHBORHOOD ORDINANCE.

BUT ANYWAY, AS AN INDIVIDUAL, SARAH DE LOS REYES, 1800 SON OF HARBOR DRIVE, WE DID SPEAK TO THE VENDOR, UM, AND WE SUPPORT THEM AND THEY SUPPORT EVERY SINGLE ORDINANCE THAT WE HAVE OUT THERE.

SO WE'RE VERY HAPPY.

I CAN WAIT UNTIL THEY OPEN.

WE NEED ANOTHER ITALIAN RESTAURANT SINCE WE LOST SARDINIA.

THANK YOU.

THANK YOU.

ANYONE ELSE IN CHAMBERS? ANYONE ON ZOOM? ALRIGHT.

UH, WE'LL CLOSE PUBLIC HEARING.

ANY OTHER QUESTIONS OR SOMEONE WANNA MOVE IT? WHAT CAN I, CAN I ASK ABOUT THE HOURS OF COURSE.

JUST SO THAT, SO I UNDERSTAND WELL 'CAUSE IN THE, YOUR PROPOSED MODIFICATIONS OR CONDITIONS MONDAY THROUGH THURSDAY, FIVE TO 11, UH, INDOOR AND FRIDAY TO SUNDAY, FIVE TO TWO, BUT THEN YOU SAY OUTDOOR 12:00 AM NIGHTLY I ASSUME YOU'RE TALKING ABOUT ONLY ON THE WEEKEND ON FRIDAY TO SUNDAY.

'CAUSE YOU HAVE INDOOR TO 11, RIGHT? YEAH, WE COULD CLOSE THE OUTDOOR AT 11.

SO THE, THE ORDINANCE ALLOWS US TO OPEN TILL MIDNIGHT, BUT WE CAN DO OUTDOOR MIRROR WHAT WE'RE DOING WITH THE, WITH THE INDOOR.

OKAY.

WEEKDAYS, UM, HOW MANY OUTDOOR SEATS ARE THERE COMPARED TO, I GUESS WHAT UCI, UH, NOT, UM, SUSHI GARAGE HAD? SO SUSHI GARAGE ACTUALLY DIDN'T HAVE ANY APPROVAL FOR OUTDOOR SEATS.

I HAVE NO IDEA HOW MANY OUTDOOR SEATS THEY HAD.

UM, WHATEVER THEY HAD WAS JUST, THEY KIND OF JUST PUT THEM.

GOT IT.

UM, UH, AND, AND THERE'S, I KNOW THERE'S NO ENTERTAINMENT, BUT THERE'S NO, IS THERE GONNA BE AMBIENT MUSIC OUTSIDE OR NO, NO, NO MUSIC ALLOWED OUTSIDE IN SUNSET HARBOR.

UM, THE, UM, IN TERMS OF THE VALET, SO WHEN IS THIS PLANNING AND OPENING? MAY, JUNE.

WE'RE WORKING THROUGH PERMITTING RIGHT NOW.

UM, THEY, THIS ACTUALLY CAME UP WHILE THEY WERE ALREADY SUBSTANTIALLY THROUGH THEIR PERMITTING, BUT SINCE SUNSET HARBOR HAS A LOWER THRESHOLD, THEY DIDN'T REALIZE THEY NEEDED THE CUP AND SO THEY KIND OF HAD TO DEVIATE FROM PERMITTING COME HERE, BUT THEY'RE ALREADY KIND OF 80%, 80% THROUGH THE PERMITTING PROCESS.

SO I GUESS, I GUESS FROM PAST EXPERIENCE OF DOING THESE LIKE SIX MONTHS FROM ISSUANCE, IF IT'S ISSUED IN MAY, YOU KNOW, YOU'RE, IT'S THE DEAD OF SUMMER AND THE VALET IS GONNA OBVIOUSLY BE MUCH LIGHTER AT DURING THAT PERIOD.

AND SO WE NEED TO, I THINK WE NEED TO COME UP WITH, YOU KNOW, I THINK I'M TOTALLY FINE.

I DON'T WANNA MAKE YOU GUYS SPEND EXTRA MONEY THAT YOU DON'T NEED TO LIKE TO HIRE LAWYERS AND COME BACK AND EVERYTHING LIKE THAT.

BUT I WANNA MAKE SURE THAT THE, THE VALET ANALYSIS IS, YOU KNOW, ACCURATE.

I MEAN YOU'VE SEEN SUNSET HARBOR AND THAT, YOU KNOW, DADE BOULEVARD, YOU KNOW, IN DECEMBER AND JANUARY.

I MEAN, IT'S INSANE.

I MEAN, WE HAVE TO HAVE POLICE ON EVERY INTERSECTION AND IT'S BACKED UP AND YOU KNOW, WITH THE CONSTRUCTION ON PURDY AND, AND THE UJI CO VALET, I MEAN, IT'S JUST, YOU WANT, YOU WANT TO ANALYZED DURING THE PEAK SEASON.

YEAH MAN.

LIKE A MINIMUM OF SIX MONTHS BUT HAS TO INCLUDE A PERIOD OF WHAT? DECEMBER? WELL, I WOULD SAY MAYBE, MAYBE NINE, NINE MONTHS.

UM, BECAUSE IF, IF YOU DO OPEN UP, WELL, I GUESS YOU COULD DO SIX MONTHS TO INCLUDE MM-HMM .

DECEMBER AT THROUGH FEBRUARY, IF THAT MAKES SENSE.

OKAY.

IS THAT, WOULD THAT BE OKAY? YEAH, THAT'S FINE WITH IT'S REASONABLE.

WE'VE VERY FAIR.

WE UNDERSTAND SUMMER IT'S DEAD AND WINTER IT'S NOT.

YEAH.

AS WE'RE FINDING OUT AS THE LAST COUPLE OF WEEKS, THE TRAFFIC HAS JUST INCREASED SUDDENLY.

YEAH.

OKAY.

ANYTHING ELSE SCOTT? YEAH, JUST ONE QUICK QUESTION.

[00:20:01]

MAINLY FOR STAFF.

UH, WHEN THE OTHER, WHEN SUSHI GARAGE WAS THERE, WERE THERE ANY, ARE YOU AWARE OF ANY ISSUES THEY HAD THAT, THAT MAYBE WE NEED TO LOOK AT FOR THIS, UH, APPLICATION SUSHI, UM, SUSHI GARAGE, ANY KIND OF ISSUES? SUSHI GARAGE DIDN'T ACTUALLY HAVE TO GET A CUP.

SO THEY WERE JUST OPERATING AS ANY CODE, VIOL? ANYTHING THAT, NOT THAT I'M AWARE OF.

NOT THAT YOU'RE AWARE OF.

OKAY.

ALRIGHT, SOMEONE MOVE IT.

I'LL MOVE IT.

OKAY.

SECOND.

SECOND WITH IT'S WITH THE CORRECT.

OKAY.

YOUR SUGGESTION WITH THE DOOR SUGGESTION? YEAH.

AND MINIMUM OF SIX MONTHS, BUT HAS TO INCLUDE A PERIOD OF DECEMBER TO FEBRUARY.

ALRIGHT.

GOT THAT GUYS, JUST TO CLARIFY, THAT IS A 11:00 PM CLOSING OUTDOORS.

OUTDOORS? YEAH.

OKAY.

ON MONDAY THROUGH THURSDAY.

MONDAY THROUGH THURSDAY.

RIGHT.

RIGHT.

AND WE JUST WANT THEIR VALLEY ANALYSIS TO INCLUDE, UH, MONTHS OF NOVEMBER AND DECEMBER.

YES.

OKAY.

ALRIGHT.

UM, ALL IN FAVOR? AYE.

ANYONE OPPOSED? ALRIGHT.

THANK YOU.

CONGRATULATIONS.

GOOD LUCK.

THANK YOU VERY MUCH.

LUCK.

LOOK FORWARD TO IT.

SEE YOU THERE.

WISH IT WAS KOSHER .

KOSHER PASS.

ALRIGHT, THE NEXT ONE

[4. PB25-0775. 801 South Pointe Drive, Unit CU-2.]

IS PLANNING BOARD FILE 25 0 7 7 5 8 0 1 SOUTH POINT DRIVE.

AND I THINK THERE WAS A FLURRY OF ACTIVITY THIS MORNING WITH AN AGREEMENT WITH A NEIGHBOR AND I THINK NICK HAS A NEW CONDITION THAT, I DUNNO THE REST OF US HAVE IS I'LL LET, I THINK WE SHOULD LET THE APPLICANT PRESENT THEIR PROPOSED CONDITION.

AND, UM, OKAY.

DEBBIE, DO YOU NEED TO DO AN INTRO AND ULTIMATELY IT'S UP TO THE BOARD WHETHER, WHETHER TO ACCEPT THAT? SURE.

LET ME JUST READ, UM, THE APPLICATION INTO THE RECORD.

IT, AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY APPROVED CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT.

SPECIFICALLY THE APPLICANT IS REQUESTING TO MODIFY CONDITIONS OF APPROVAL RELATED TO THE REQUIRED SOUND MITIGATION MEASURES.

UM, THIS APPLICATION WAS HEARD BY THE PLANNING BOARD AT THE SEPTEMBER MEETING.

UM, SINCE THAT TIME WE STAFF HAS BEEN ADVISED THAT THE APPLICANT CONTINUES TO WORK WITH THE MORAY CONDOMINIUM ASSOCIATION TO COME TO AN AGREEMENT.

UM, AND I'M GONNA TURN IT OVER TO THE APPLICANT TO, UM, GO THROUGH THAT IN MORE DETAIL.

UM, BUT STAFF'S RECOMMENDATION REMAINS, UH, CONSISTENT WITH WHAT WAS PRESENTED AT SEPTEMBER, RIGHT.

SUBJECT TO THIS NEW OKAY.

PROPOSAL.

HI AGAIN.

NICHOLAS RODRIGUEZ, 200 SOUTH BISCAYNE BOULEVARD, BURKE, CAL DE FERNANDEZ, LARKIN AND TAPS.

IF WE COULD CALL UP THE SLIDES.

UH, SO I JUST PASSED OUT A SET OF CONDITIONS.

UH, YOU GUYS MAY REMEMBER WE WERE HERE LAST MONTH.

UH, WE WERE PROPOSING A MODIFICATION TO OUR PROPOSED SOUND INSULATION IN THE RESTAURANT.

UH, WE GOT SOME PUSHBACK FROM THE CONDOMINIUM.

I THINK WE WERE A LITTLE, UH, THERE WAS SOME MISUNDERSTANDING BETWEEN WHAT WE WERE PROPOSING AND WHAT WAS, UH, ACTUALLY BEING DONE.

UH, SO WE CLARIFIED WITH THEM WHAT WE WERE DOING AND WE MADE SOME COMPROMISES AND SOME CONCESSIONS.

UH, IN GENERAL WHAT WE'RE DOING IS THAT THE MAIN DINING ROOM HOURS OF OPERATION ARE BEING REDUCED FROM 2:00 AM TO MIDNIGHT.

AND THEN THE ALTERNATIVE, UH, SOUND INSULATION PROCESS WILL BE USED IN THE MAIN DINING ROOM, THE LARGER SPACE, THE VIP DINING ROOM, UH, WHICH IS 42 SEATS AT THE EAST SIDE OF THE PROPERTY THAT WILL, WILL FOLLOW THE ORIGINALLY AGREED UPON SOUND INSULATION, WHICH IS TWO LAYERS OF SOUND INSULATION.

UM, SO WHICH AREA WHICH, SORRY, WHICH AREA HAS THE, THE, THE VIP DINING AREA, AND I'LL PULL UP THE FLOOR PLAN HERE SO YOU GUYS CAN SEE IT.

SO THE VIP DINING AREA ON THE RIGHT SIDE OF THE SCREEN, THAT WILL BE INSULATED BECAUSE IT'S STAYING OPEN UNTIL 2:00 AM.

UM, BUT THE MAIN DINING, IT'S GONNA CLOSE AT 12:00 AM AND WE'VE BEEN ABLE TO WORK WITH THE ASSOCIATION SOUND CONSULTANT AND OUR SOUND CONSULTANT TO SHOW THEM THAT, UH, THESE, THE SOUND FROM THE RESTAURANT WON'T BE AUDIBLE.

UM, BUT TO GIVE THEM EXTRA ASSURANCE, UH, WE'VE PROPOSED THE CONDITION, WE'VE WORKED WITH THEM.

THAT'S KIND OF THE WHAT IF SCENARIO, WHAT IF RESIDENTS HEAR IT, THEN WE'LL FOLLOW A PROCESS IN ORDER TO MAKE SURE THAT WE ADDRESS IT.

AND OF COURSE THE ANSWER HAS ALWAYS BEEN WHETHER THERE'S A CONDITION OR NOT.

GAIA IS GONNA WORK WITH THE RESIDENTS AND MARIA TO MAKE SURE THAT ANY NOISE THAT THEY'RE HEARING IS GONNA BE ADDRESSED.

UM, THIS JUST KIND OF PUTS IT IN WRITING AND GIVES US AN IRON CLOUD AGREEMENT THAT IF THEY DO HEAR NOISE, WE'RE GONNA ADDRESS IT RIGHT AWAY.

IF NOISE BECOMES A CHRONIC PROBLEM, UM, THEN WE'RE GONNA HIRE A SOUND, AN INDEPENDENT SOUND CONSULTANT, AND THEY'RE GONNA COME IDENTIFY THE SOURCE, WE'RE GONNA PAY FOR IT AND WE'RE GONNA IMPLEMENT THE RECOMMENDATIONS IN ORDER TO ELIMINATE ANY IMPACTS.

UM, WHAT THIS BOILS DOWN TO, TO THIS BOARD IS THAT THE NOISE CAN'T BE PLAINLY AUDIBLE IN ANY RE RESIDENTIAL UNIT WITHIN THE BUILDING.

AND THAT'S COMPLETELY ENFORCEABLE.

SO THERE'S ANY NOISE COMPLAINTS COMING FROM RESIDENTS OF THE BUILDING.

WE'LL BE BACK BEFORE YOU TO MODIFY THE CUP UH, FOR PROGRESS REPORTS AND THEN EVENTUALLY, UH, POTENTIALLY MODIFICATIONS IF WE CAN'T RESOLVE

[00:25:01]

THESE NOISE CONCERNS.

BUT BASED ON THE STUDIES AND THE EXTENSIVE INVESTIGATION, STUDYING AND INVESTMENT THAT'S BEING PUT INTO INSULATING THE SOUND OF THE RESTAURANT, WE'RE REALLY CONFIDENT THAT THIS, THEY'RE NOT GONNA HEAR ANYTHING FROM THIS RESTAURANT.

UM, THERE'S SOUNDPROOFING GOING IN ON EVERY CEILING TO SOME EXTENT.

IT'S JUST THE VIP DINING IS GETTING A LITTLE BIT MORE INSULATION 'CAUSE THEY'RE OPENING TILL 2:00 AM THE MAIN DINING ROOM'S GETTING A LITTLE BIT LESS, UM, BUT WITH SOME OTHER TECHNIQUES THAT ALSO HELP TO MITIGATE ANY SOUND IMPACTS FROM THE RESTAURANT.

AND IF THEY DO HEAR SOMETHING, WE'RE GONNA ADDRESS IT.

UH, I DO BELIEVE THAT THE ASSOCIATION'S COUNCIL WILL BE ON ZOOM TO CORROBORATE THE AGREEMENT THAT WE'VE REACHED JUST LAST NIGHT AND THIS MORNING.

SO I UNDERSTAND.

SO ALL THESE PROPOSED CONDITIONS WERE THE RESULT OF, OF THIS NEGOTIATION AND AGREEMENT WITH MARIA? YES.

OKAY.

MOSTLY THIS ONE ON THE FIRST PAGE.

UM, THESE CONDITIONS WITH THE CONSTRUCTION SPECIFICS WERE REALLY JUST ONE OF THEM IS WHAT WAS ALREADY IN THE ORIGINAL CUP.

IT'S JUST CLARIFYING.

IT'S ONLY IN THE VIP DINING ROOM AND THE OTHER ONE, OUR PROPOSED MODIFICATION TO THAT, UH, SOUND INSULATION CONDITION.

IT'S A SHAME THEIR CONSULTANT ISN'T HERE.

IT WOULD'VE BEEN ENJOYABLE.

, YOU GUYS WERE LOOKING FORWARD TO THE FIREWORKS TODAY? YEAH.

? NO.

OKAY.

SO ARE, ARE YOU FINISHED? YES, I'M FINISHED.

UH, ALRIGHT.

IS THE, UH, SO ANYBODY IN CHAMBERS ON THIS? OKAY.

SO I'M ASSUMING THERE'S SOMEONE ON ZOOM, THE COUNCIL FOR THE ASSOCIATION.

AND BEFORE WE, UM, BEFORE WE HEAR FROM, FROM THE PUBLIC, I WOULD ASK THE BOARD IF YOU HAVE ANY DISCLOSURES TO MAKE YEAH.

ANY NEW INFORMATION SINCE THE LAST HEARING? YES.

I HAD, UH, EX PARTE, UH, EMAIL JUST TO MAKE SURE BECAUSE WE WERE PUSHING FOR THEM TO GET ALONG, UH, THAT IT WAS PROCEEDING AND IF THEY NEEDED ANY, UM, IT HELP FROM MEDIATORS, UH, AND IT SEEMS THEY DID WONDERFUL ON THEIR OWN.

UH, I WANT TO CLARIFY THAT MY MIND WAS NOT DETERMINATIVE EITHER BEFORE OR NOW TILL I COME INTO THIS PLACE.

BUT BLESSED IT BE THE PEACEMAKERS AND, YOU KNOW, UH, THE, THE NEIGHBORHOOD ASSOCIATION HAD NOTHING TO DO WITH IT.

NOBODY ON THAT BOARD WAS INVOLVED OR TALKED TO AND, UH, THE DETERMINATION LIES SOLELY WITH THE PLANNING BOARD.

AND WHEN YOU SAY EX PARTE, YOU MEAN YOU WERE SENDING EMAILS BACK AND FORTH TO THE APP? ONE.

OKAY, GOT IT.

OKAY.

SCOTT, ANYBODY ELSE HAVEN'T DISCLOSED? ANYBODY ALSO? OKAY.

READY FOR PUBLIC HEARING? UM, IF YOU'RE, IF YOU'RE WILLING, UH, WISHING TO SPEAK ON THIS ITEM, PLEASE RAISE YOUR HAND IF YOU'RE ON ZOOM.

OKAY.

YES, JUSTIN SMITH.

GOOD MORNING, JUSTIN.

JUSTIN, MAYBE YOU'RE ON MUTE.

YOU THERE? YOU THERE? MY NAME IS SMITH.

UH, I'M COUNSEL FOR MERAYA CONDOMINIUM ASSOCIATION.

SO I WAS JUST JOINED TO CORROBORATE THE FACT THAT, UM, THE PARTIES DID DISCUSS THE CONDITIONS HERE AND, AND CAME TO AN AGREEMENT.

SO YOU'RE IN AGREEMENT WITH ALL THESE PROPOSED CONDITIONS? CORRECT.

OKAY.

OKAY.

I JUST WANNA ADD, WELL, I I JUST WANNA SAY THIS IS A PERFECT EXAMPLE OF, UH, WHY IT WAS DELAYED AND I WANT TO COMMEND BOTH YOU AND THE BOARD FOR WORKING TOGETHER IN A SITUATION THAT WAS NOT VIABLE ON THE FIRST PASS.

UH, AND THAT'S THE DETERMINATION.

I MEAN, IT'S, IT'S, IT'S NOT UP TO SOUND ENGINEERS ULTIMATELY TO JUST COME IN AND SAY, STAFF APPROVES.

WE HAVE TO HAVE BUY-IN, PARTICULARLY WHEN THERE'S MULTIPLE RESIDENTS LIVING ABOVE.

SO FANTASTIC JOB.

AND, UH, THAT WAS THE APPROPRIATE OUTCOME.

THANK YOU.

AND NICK, DO YOU HAVE ANY, UH, STAFF HAVE COMMENTS ON THE PROPOSED CONDITION? UM, SO, SO I THINK THE PROPOSED CONDITION IS, UM, IS OKAY.

UM, AT THE END OF THE DAY, THIS IS A VOLUNTARY PROFFER BY THE APPLICANT AS TO TO REFLECT A PRIVATE AGREEMENT THAT THE APPLICANT REACHED WITH THE ASSOCIATION FOR THE, FOR THE BUILDING.

UM, I WOULD JUST WANT TO MAKE CLEAR WHAT, YOU KNOW, WHICH PARTS OF, OF THIS PARAGRAPH THE CITY CAN ENFORCE MM-HMM .

AND WHICH PARTS ARE REALLY A, A PRIVATE DISPUTE RESOLUTION PROCESS THAT THEY'VE COME UP WITH, UM, TO, TO GOVERN THEIR OWN RELATIONSHIP.

RIGHT.

I THINK THE FIRST PART, THAT NOISE FROM THE RESTAURANT, INCLUDING BUT NOT LIMITED TO MUSIC, KITCHEN OPERATIONS AND EQUIPMENT AND PATRONS SHALL NOT BE PLAINLY AUDIBLE FROM THE RESIDENTIAL UNITS WITHIN THE MARIA CONDOMINIUM.

THAT IS SOMETHING THAT, THAT THE CITY'S CODE COMPLIANCE DEPARTMENT COULD ENFORCE.

CORRECT.

UM, THEN THERE'S A DETAILED, UH,

[00:30:01]

DISPUTE RESOLUTION PROCESS WHERE COMPLAINTS CAN BE MADE DIRECTLY TO RESTAURANT MANAGEMENT STAFF AND THE APPLICANT IS REQUIRED TO DESIGNATE A CONTACT PERSON.

UM, THE LAST PART OF THE, THE VERY LAST SENTENCE, I THINK IS THE SECOND PART OF THIS THAT THE CITY CAN DIRECTLY ENFORCE, WHICH IS THAT THE OPERATOR SHALL BE REQUIRED TO IMPLEMENT THE ER COMMERCIALLY REASONABLE RECOMMENDATIONS OF THE SOUND CONSULTANT.

OR IF THE INDEPENDENT SOUND CONSULTANT DEEMS A REMEDIAL MEASURE IS NE NECESSARY, THE OPERATOR SHALL BE REQUIRED TO UNDERTAKE SUCH REMEDIAL ACTIONS.

SO I THINK, YOU KNOW, IT'S, IT'S OKAY TO INCLUDE THIS IN THE BOARD'S ORDER IF, IF THE BOARD, UH, RAISED ACCEPT THE RIGHT YOU'RE IT'S BETWEEN THE TWO PARTIES TOO.

YOU'RE SAYING THERE'S THE MIDDLE PART, THERE'S NO WAY THE CITY CAN ENFORCE THAT.

CORRECT.

THE MI THE, THE EVERYTHING BUT THE, THE FIRST AND THE, AND THE LAST SENTENCE IS REALLY A, A DISPUTE RESOLUTION PROCESS THAT THE, THAT THE APPLICANT HAS.

RIGHT.

BUT IF IT'S A CONDITION OF THE CUP AND THEY VIOLATE IT, THEN THE MORAY WOULD COME TO US AND TELL US THEY VIOLATED THIS PROVISION.

CORRECT? EXACTLY.

THAT'S, THAT'S CORRECT.

YEAH.

I JUST WANNA POINT OUT FOR THE BOARD, I MEAN, I THINK WHETHER, BUT WE WOULD HAVE JURISDICTION BECAUSE IT'S STILL A CONDITION, IT'S A, IT'S A CONDITIONAL USE PERMIT ISSUED BY THIS BOARD.

SO YOU WOULD HAVE JURISDICTION.

YES.

OKAY.

AND EVEN, I MEAN, TO ME, I THINK THE MOST IMPORTANT PART OF IT IS THE FIRST SENTENCE, WHICH IS, SO NOTHING IN HERE PRECLUDES A NORMAL, LIKE THEM ALSO CALLING CODE ENFORCEMENT OR CODE COMPLIANCE.

CORRECT.

AND IF, IF THEY COME AND VISIT THIS, YOU KNOW, THAT, THAT, YOU KNOW, APARTMENT OR CONDO AND THEY CAN HEAR THE MUSIC, YOU KNOW, THAT'S A VIOLATION IN AND OF ITSELF, EVEN THOUGH THEY DIDN'T FIR THERE'S NOTHING REQUIRING THEM TO FIRST GO TO MANAGEMENT AND ALL THAT.

CORRECT.

UM, SO, BUT I DO THINK IT, I MEAN, I'M, I APPLAUD BOTH SIDES FOR BEING CREATIVE.

THIS IS PROBABLY THE MOST CREATIVE, UH, CONDITION THAT I'VE SEEN IN MY YEARS ON THE PLANNING BOARD.

SO, YOU KNOW, KUDOS.

UM, ONE OF THE THINGS I WAS ACTUALLY THINKING IS FOR FUTURE, UH, PROJECTS LIKE THIS WHERE THERE MIGHT BE A BUILDING OR, OR RESIDENCES NEARBY, CAN WE ALWAYS INCLUDE IT AS A STANDARD CONDITION FOR THE OPERATOR TO DESIGNATE, YOU KNOW, A CONTACT PERSON SO THAT NEIGHBORS, YOU KNOW, HAVE THAT, YOU KNOW, THEY, THEY WILL A REGISTERED AGENT, A REGISTERED AGENT, SO TO SPEAK, SO THAT LIKE DURING OPERATING HOURS THERE'S A PHONE NUMBER, NOT LIKE THE NORM, THE RECEPT, YOU KNOW, THE THE RESERVATIONS PHONE NUMBER, BUT THAT THERE'S A, AN ACTUAL PHONE NUMBER FOR A MANAGER, UH, FOR RESIDENTS TO CALL BECAUSE, YOU KNOW, SO THAT, YOU KNOW, IT IS JUST ANOTHER WAY OF ENCOURAGING WORKING RELATIONSHIPS WITH THE NEIGHBORS AND ALSO, UM, YOU KNOW, YOU KNOW, NOT HAVE, YOU KNOW, NOT FORCING RESIDENTS TO HAVE TO CALL CODE COMPLIANCE.

SO I'M JUST THINKING, I THINK IT'S A GOOD IDEA TO HAVE THAT FOR WHEN WE'RE TALKING ABOUT ENTERTAINMENT AND LOUD MUSIC AND, AND RESIDENTIAL AREAS.

SO.

COOL.

ALRIGHT.

ANY OTHER QUESTIONS? SOMEBODY WANNA MOVE IT? I'LL MOVE IT.

OKAY.

APRIL PLEA I ASSUME? YES.

VERY FAVORABLE.

OKAY.

THANK, WAIT, THRILLED .

LEMME JUST ASK, UM, SO YOU'RE ALSO PROPOSING THE VIP DINING ROOM TO 2:00 AM AND THE NEIGHBOR ARE THE NEIGHBORS OKAY WITH THAT? THE, THE BUILDING? YEAH, WE'VE, WE'VE TALKED ABOUT ALL THESE CONDITIONS.

OKAY.

HOW, HOW MANY SEATS ARE THERE? 42 IN, IN THE PLAN? IN EACH ONE OR IN BOTH? LIKE 22 AND ONE BECAUSE THERE'S TWO.

SO THERE'S JUST ONE VIP DINING ROOM IF WE PULL UP THE FLOOR PLAN? YEAH, WE CAN THINK IT'S MAIN.

SO THERE'S A-A-V-I-P DINING AREA HERE.

UM, THERE'S 42 SEATS.

IT'S NOT NECESSARILY JUST ONE OR TWO ROOMS. THERE IS A, A CHEF'S TABLE UP HERE, BUT THAT'S, THAT'S NOT REALLY, YEAH, THAT'S JUST A CHEF'S TABLE FOR LIKE TASTINGS AND THAT SORT OF THING.

COOL.

UM, I LOVE A CHEF'S TABLE.

UH, I'D LOVE TO GO BE INVITED.

I'VE NEVER BEEN INVITED TO ONE, I'VE NEVER BEEN A VIP AND SO, AND THERE'S NO ENTERTAINMENT IN THE VIP AREA.

THERE'S NO ENTERTAINMENT ALLOWED.

WELL, IT'S JUST SOUTH OF FISH YOU.

UM, AND THEN THE, THE CONDITIONS, THE MODIFIED CONDITIONS IN TERMS OF THE ACTUAL LIKE, YOU KNOW, CONSTRUCTION OF THE CEILING, THOSE ARE THE SAME THAT WERE RECOMMENDED.

ARE THOSE THE SAME THAT WERE RECOMMENDED? YEAH, SO THE, THE VIP DINING ROOM ARE THE SAME AS AS WHAT'S IN THE CURRENT CUP.

SO IT'S, IT'S REALLY NOT CHANGING, IT'S JUST CHANGING ITS LOCATION IN THE CUP, UM, LIKE THE WAY IT'S ORGANIZED.

AND THEN THE MAIN DINING IS WHAT WE HAD PROPOSED AT THE LAST MEETING.

UM, WE HAVE A LITTLE BIT MORE DETAILS IN THERE, UH, TO JUST CLARIFY EXACTLY WHAT'S GONNA HAPPEN.

UM, AND THAT'S WHAT ULTIMATELY WE WERE ABLE TO SATISFY THE ASSOCIATION AND THEIR SOUND CONSULTANT THAT, YOU KNOW, THE, THE MODELING AND THE STUDIES THAT WE HAD DONE WERE BASED ON REAL DATA, UM, AND, AND WOULD PREVENT SOUND IMPACTS JUST LIKE THE CITY'S PEER REVIEWER HAD REVIEWED AND AGREED AS WELL.

OKAY.

ALRIGHT.

GREAT.

THANKS.

ALRIGHT, SO WE HAD A FIRST, AND I'LL MOVE IT.

I MOVE.

SECOND.

SECOND,

[00:35:01]

JONATHAN SECOND.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY, THANKS AND GOOD LUCK.

THANK YOU VERY MUCH.

ALRIGHT, NEXT ONE.

APP.

[5. PB25-0763. 1600 Washington Ave]

UH, PREVIOUSLY CONTINUED APPLICATION PLANNING BROUGHT FILE 25 0 7 6 3 1600 WASHINGTON.

AND SO BEFORE WE START ANY DISCLOSURES ON THIS ONE? NO, NO.

NOTHING.

OKAY.

NONSENSE, NONSENSE LAB.

DEBBIE.

HEY.

THANK YOU MR. CHAIR.

AMBASSADOR, HOW ARE YOU? DISTINGUISHED, DISTINGUISHED GUEST GO .

HOW ARE YOU? GO AHEAD, DEB.

UM, GOOD MOR.

UH, OKAY.

THIS IS AN APPLICATION, UH, THAT HAS BEEN FILED REQUESTING A CONDITIONAL USE APPROVAL FOR A NEIGHBORHOOD IMPACT STRUCTURE FOR THE CONSTRUCTION OF A NEW 15 STORY MIXED USE BUILDING EXCEEDING 50,000 SQUARE FEET PURSUANT TO SECTIONS 2.52 AND 7.2 POINT 12 OF THE MIAMI BEACH RESILIENCY CODE.

UH, THIS PARTICULAR APPLICATION HAS BEEN FILED IN ACCORDANCE WITH THE, UH, PENDING LEGISLATION FOR THE WASHINGTON AVENUE RESIDENTIAL INCENTIVES PLAN.

UM, THIS PARTICULAR, UH, TEXT AMENDMENT AND COMPREHENSIVE PLAN AMENDMENT WAS, UH, TRANSMITTED BY THE PLANNING BOARD IN NOVEMBER OF 2024.

THE AMENDMENT, UM, SPECIFICALLY DOES, UH, CONTEMPLATE AN INCREASE IN FAR FROM 3.2 TO 3.25 AND A MAXIMUM HEIGHT OF 150 FEET.

UM, THIS PARTICULAR ORDINANCE, UM, IS PENDING FIRST READING AT CITY COMMISSION AT THEIR DECEMBER MEETING.

UM, BUT THE APPLICANT WAS ELIGIBLE TO SUBMIT THIS APPLICATION AND A COMPANION APPLICATION TO THE HISTORIC PRESERVATION BOARD, UH, PURSUANT TO A, A HOLD HARMLESS AGREEMENT, IF FOR CERTAIN REASON THE ORDINANCE IS NOT ADOPTED, THIS PROJECT WOULD NOT BE ABLE TO MOVE FORWARD, UM, BECAUSE IT DOES EXCEED THE CURRENTLY ALLOWED FAR AND HEIGHT.

UM, ALSO WE NOTED IN THE BACKGROUND SECTION THERE, THE APPLICANT SUBMITTED A PRIVATE APPLICATION FOR ESSENTIALLY THE SAME DEVELOPMENT REGULATIONS THAT ARE CONTAINED WITHIN THE WASHINGTON AVENUE INCENTIVES ORDINANCE.

HOWEVER, UM, THEIR PARTICULAR PRIVATE APPLICATION, WHICH I BELIEVE WAS REVIEWED BY THE BOARD LAST MONTH, UM, IS A MUCH MORE LIMITED AREA AND THEY DID SO TO AVOID ANY POTENTIAL DELAYS WITH THE LARGER AREA.

UM, SO WE, WE, UM, WILL BE HOLDING A PUBLIC WORKSHOP FOR THAT PARTICULAR ORDINANCE.

AGAIN, IT'S SIMILAR ORDINANCE, BUT JUST A MUCH REDUCED BOUNDARY AREA.

RIGHT.

I'M JUST CONFUSED, BUT THE ORDINANCE IS CURRENTLY BEFORE COMMISSION.

IF THAT DOESN'T PASS, THIS ALL BECOMES MOOT IF THAT DOESN'T PASS AND THE, UM, CURRENT PRIVATE ORDINANCE DOESN'T MOVE THROUGH.

OKAY.

SO THAT CAN GO THROUGH EVEN IF THE OTHER DOESN'T.

THAT'S ALL CORRECT.

OKAY.

THAT'S ALL I NEED.

CORRECT.

OKAY.

UM, AND SO THAT IS GOING TO, THAT PRIVATE ORDINANCE APPLICATION WILL BE COMING BACK TO THE PLANNING BOARD IN IN DECEMBER AS WELL, SO I KNOW IT'S, IT'S CONFUSING.

NO, I GET IT.

I FOLLOW YOU.

UM, THE APPLICANT IS PROPOSING, UM, LET ME SEE, UM, THE EXISTING SITE CONTAINS, UH, THREE BUILDINGS.

THERE'S ONE, A ONE STORY COMMERCIAL BUILDING LOCATED AT 1600 WASHINGTON AVENUE, A VACANT TWO STORY MULTIFAMILY BUILDING LOCATED AT 4 23 16TH STREET AND AN EXISTING SIX LEVEL PARKING GARAGE WITH GROUND LEVEL, UH, RESTAURANT LOCATED AT 1601 DREXEL.

UH, THE APPLICANT IS PROPOSING THE DEMOLITION OF THE BUILDINGS, TWO OF THE BUILDINGS LOCATED AT 1600 WASHINGTON AND 4 23 16TH STREET TO BE REPLACED WITH A 15 STORY 210 UNIT MULTI-FAMILY RESIDENTIAL BUILDING WITH GROUND FLOOR RETAIL.

UM, THE EXISTING PARKING GARAGE IS PROPOSED TO BE RETAINED AND INCORPORATED INTO THIS NEW MIXED USE DEVELOPMENT.

UM, THE, UH, ACCESS TO RESIDENTIAL UNITS WILL BE PROVIDED, UH, VIA A GROUND LEVEL LOBBY.

UM, A PEDESTRIAN BRIDGE HAS BEEN PROVIDED CONNECTING THE PARKING GARAGE TO THE NEW RESIDENTIAL BUILDING.

AND WHILE PARKING IS NOT REQUIRED AS PART OF THE PENDING, UH, LDR AMENDMENTS THEY HAVE OUTLINED, THE APPLICANT HAS OUTLINED THAT THEY WILL BE PROVIDING PARKING WITHIN THE EXISTING GARAGE FOR THE RESIDENTIAL UNITS.

UM, THEY HAVE ALSO PROPOSED LOADING SPACES WITHIN THE EXISTING GARAGE AS WELL AS, UM, ADDITIONAL LOADING SPACES FOR A TOTAL OF SEVEN.

UM, SO FIVE ARE PROPOSED TO BE LOCATED WITHIN THE SERVICE ALLEY, BETWEEN THE GARAGE AND THE NEW BUILDING AND TWO, WITHIN THE EXISTING, UH, GARAGE.

THE APPLICANT IS PROPOSING TO LIMIT RESIDENTIAL, MOVE-IN AND MOVE OUTS TO WEEKDAYS BETWEEN THE HOURS OF 10:00 AM AND 4:00 PM UH, RESIDENTIAL AND COMMERCIAL DELIVERIES SHOULD BE ABLE TO BE EASILY ACCOMMODATED WITHIN THE, UH, PROPOSED LOADING SPACES.

[00:40:02]

UM, TRASH COLLECTION WILL BE ACCESSED DIRECTLY FROM THE ONSITE SERVICE ALLEY.

THIS IS A, A, NOT A PUBLIC ALLEY, BUT A PRIVATE ALLEY.

UM, AND THAT WILL OCCUR BETWEEN THE HOURS OF 10:00 AM AND 4:00 PM UH, STAFF HAS INCLUDED SOME, UH, RECOMMENDED CONDITIONS TO MINIMIZE ANY ADVERSE IMPACTS ON NEARBY PROPERTIES.

UM, BUT GENERALLY SPEAKING, WE ARE VERY SUPPORTIVE OF THE, UH, OF THE PROPOSED PROJECT, WHICH WILL SUBSTANTIALLY INCREASE, UM, REASONABLE HOUSING UNITS WITHIN THIS PARTICULAR NEIGHBORHOOD.

THIS IS ONE OF THE HIGHEST ZONE NEIGHBORHOODS CURRENTLY WITHIN THE CITY.

IT'S, IT'S PART OF THAT CITY CENTER AREA.

UM, AND WE DO BELIEVE THAT, UM, A HIGH DENSITY MULTIFAMILY RESIDENTIAL BUILDING IS APPROPRIATE FOR THIS LOCATION.

IT, THERE'S, UH, ACCESS TO PUBLIC TRANSIT.

UM, AND AGAIN, THE SCALE OF THE CONSTRUCTION IN THE IMMEDIATE AREA IS MUCH LARGER THAN THAN MOST AREAS OF THE CITY.

UH, THE CITY'S TRANSPORTATION DEPARTMENT HAS ALSO REVIEWED, UM, THIS PROJECT AND HAS RECOMMENDED, UH, A COUPLE CONDITIONS THAT HAVE BEEN INCORPORATED IN THE DRAFT ORDER.

UM, ADDITIONALLY, THE APPLICANT HAS AGREED TO PROVIDE A MICRO MOBILITY STATION.

THIS IS LIKE THE, THE CITY BIKE OR THE DECO BIKE, UM, WITH 20 SPACES.

UH, THEY HAVE ALSO AGREED TO PROVIDE CITY BIKE PASSES TO RE TO RETAIL EMPLOYEES AND TO PROVIDE BIKE SHARE INFORMATION, UH, INTO COMMUNICATION MATERIALS FOR RETAIL PATRONS.

SO WITH THAT, I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

I SEE MATTHEW SMILING.

ANYWAY, THERE.

GOOD MORNING CHAIR MEMBERS OF THE BOARD, NEESON KADEN AND, UH, CECILIA TORRES TOLEDO OF AC INCREMENT REPRESENTING THE APPLICANT.

UH, MY PLEASURE AS WELL TO BE HERE TODAY WITH AMBASSADOR SEJA, WHO IS THE OWNER OF THE PROPERTY, UH, THE 400 BLOCK, UH, AS WELL AS ENRIQUE NORTON.

THE, UH, LEAD ARCHITECT WHO IS FROM MEXICO CITY, WHO IS HERE, HAS DONE SOME SPECTACULAR WORK HERE AND AROUND THE WORLD, OF COURSE, AND JOSE GOMEZ AS WELL, WHO IS THE ARCHITECT OF RECORD.

UH, YOU HAVE ALREADY, OF COURSE, AT A PRIOR PRESENTATION SEEN THE MINOR MODIFICATIONS OF THE ZONING TO ENABLE THIS PROJECT.

THIS, OF COURSE, IS JUST, UH, CONDITIONAL USE, WHICH WOULD BE REQUIRED MERELY BASED ON THE SIZE OF THE PROJECT BEING OVER 50,000 SQUARE FEET IN THE CD TWO DISTRICT.

UH, I WANNA BRIEFLY TAKE YOU THROUGH THIS, BUT ALSO SHARE WITH YOU, ALTHOUGH THIS IS NOT A FORUM IN WHICH YOU WILL PASS ON THE ARCHITECTURE AND DESIGN, I THINK IT'S IMPORTANT FOR YOU TO SEE THE WORK AND UNDERSTAND IT AS WELL.

UH, LET ME, WE CAN TEE UP THIS PRESENTATION.

THERE WE GO.

UH, I THINK EVERYBODY IS FAMILIAR WITH THE SITE.

I DON'T WANNA SPEND TOO MUCH TIME ON THAT.

TO REPEAT A THEME, WHICH WE MENTIONED BEFORE, WHICH WAS, THIS IS MIAMI BEACH'S HISTORIC URBAN CORE.

WHEN I WAS A CHILD, THIS WAS CALLED MIAMI BEACHES DOWNTOWN.

IT WAS WHERE THOSE GREATEST CONCENTRATION OF OFFICES, RETAIL AND ACTIVITY CENTERS, AS WELL AS EVEN THE HOTELS WERE LOCATED.

AND SO, BEING THE URBAN CORE, IT CAN FULFILL AND NEEDS THE HOUSING TO SUPPORT ALL THE WORKERS AND ACTIVITIES WITHIN THAT CENTER.

UH, THESE ARE SOME MORE HISTORIC PICTURES.

I WOULD ALSO POINT OUT THAT AMBASSADOR SEJA HAS OWNED THIS PROPERTY, I THINK FOR AT LEAST 30 YEARS OR SO, AND, UH, HE BOUGHT IT AT A TIME WHEN THIS WAS NOT SUCH A GOOD NEIGHBORHOOD, WHEN PEOPLE WEREN'T INVESTING IN SOUTH BEACH.

AND HE HAS TENDED THIS PROPERTY WITH LOVING CARE, PUT LOTS OF MONEY IN TO RENOVATE IT, TO ATTRACT NEW TENANTS, INCLUDING THE SOON TO BE EXPANDED THE ZARA FLAGSHIP STORE.

AND SO AMBASSADOR SEJA HAS REALLY BEEN A TRUE ANCHOR OF THIS PART OF THE NEIGHBORHOOD.

BACK TO THE THEME OF THE URBAN CORE, AS YOU SEE, IN ADDITION TO HISTORICALLY WHAT THIS HAS SERVED AS THE MOST IMPORTANT ACTIVITIES AND LARGEST FACILITIES ARE LOCATED WITHIN BLOCKS OF WHERE WE ARE ACROSS THE STREET, OF COURSE, FROM WHERE WE ARE, IS THE NEW CONVENTION CENTER HOTEL THAT IS COMING IN.

UH, THE LOWE'S HOTEL SITS ON, UH, ON 16TH STREET, UH, ON COLLINS AVENUE.

THIS GIVES YOU A PERSPECTIVE OF THE NEIGHBORHOOD IN WHICH THIS PROPERTY LIES.

YOU SEE THE 4 0 7 BUILDING ON THE RIGHT, THE, UM, THE 1616 0 1 WASHINGTON AVENUE BUILDING ON THE LEFT.

UH, THIS IS ANOTHER PERSPECTIVE LOOKING FROM THE SOUTH.

YOU SEE THE 1601 WASHINGTON AVENUE BUILDING 4 0 7, LOOKING OUT TOWARDS THE CONVENTION CENTER.

YOU SEE THE CORNER PIECE THERE, WHICH IS WHERE THE APARTMENTS WILL BE GOING, IS RIGHT NOW SANDWICHED IN BETWEEN THE HISTORIC 4 0 7 BUILDING AND THE GARAGE, WHICH AMBASSADOR SEJA BUILTIN WAS DESIGNED BY ENRIQUE NORTON.

THIS GIVES YOU A, A LITTLE BIT FURTHER PERSPECTIVE

[00:45:01]

ON THE, UH, SITE AND THE BUILDINGS IN THE IMMEDIATE AREA.

AND THIS IS WHAT'S COMING.

OF COURSE, YOU HAVE THE CONVENTION CENTER HOTEL, THOUGH THIS FITS IN VERY WELL CONTEXTUALLY WITH THE NEIGHBORHOOD.

BUT AS DEBBIE ALSO POINTED OUT, AND THE MOST IMPORTANT THING ABOUT THIS PROJECT IS THE CITY'S COMPREHENSIVE PLAN, AS WELL AS THE INITIATIVE FOR WASHINGTON AVENUE SPECIFICALLY CALL FOR INCREASING RESIDENTIAL IN THIS CORRIDOR TO SERVICE THE PEOPLE WHO WORK ON MIAMI BEACH SO THEY DON'T HAVE TO COMMUTE AND TO PROVIDE LIFE AND 24 HOUR VITALITY FOR THE NEIGHBORHOODS.

THIS PROJECT IS FULFILLING THAT GOAL OF THE CITY'S COMPREHENSIVE PLAN.

WHAT I'D LIKE TO NOW DO IS TURN THIS OVER TO ENRIQUE NORTON TO TAKE YOU THROUGH THE DESIGN.

UH, WE AGREE WITH, I WOULD LIKE TO SAY IN ADVANCE THE CONDITIONS AND THE ORDER.

THERE'S ONE I'D LIKE TO TWEAK, WHICH I'LL MENTION AT THE END.

ENRIQUE, THANK YOU.

THANK YOU.

GOOD MORNING, EVERYBODY.

UH, WELL, IT'S, IT'S, UH, JUST INTRODUCE YOURSELF AND YOUR AFFILIATION THEN.

OH, YES, SORRY.

SURE, SURE.

I AM ENRIQUE NORTON.

I'M AN ARCHITECT, EH, UH, BASED IN MEXICO CITY, NEW YORK AND MIAMI.

AND I'VE BEEN WORKING IN, WITHIN THIS COMMUNITY, I ALSO FOR OVER 25 YEARS.

SO I'M SURE YOU'RE AWARE OF SOME OF THE BUILDINGS WE HAVE THE HUGE PRIVILEGE TO, TO DO HERE.

AND THEREFORE I'M VERY EXCITED TO BE BACK IN THESE CHAMBERS.

EH, I HAVEN'T BEEN HERE FOR A WHILE, SO IT'S VERY, IT'S, IT'S GREAT TO BE HERE AND I'M VERY HONORED TO PRESENT TO YOU THIS PROJECT FOR SEVERAL REASONS.

UH, FIRST AND FOREMOST, UH, THE HUGE, UH, HONOR TO WORK WITH AMBASSADOR DOJA, UH, WHO'S NOT ONLY A FRIEND, BUT HE'S ONE OF THE PILLARS OF THIS COMMUNITY.

AND AS ALREADY, UH, UH, NISSAN SAID, UH, HE'S BEEN, UH, COMMITTED AND SUPPORTED, SUPPORTIVE OF MIAMI BEACH FOR MANY, MANY, MANY YEARS.

THE SECOND IS BECAUSE I DO KNOW VERY WELL THIS AREA, UH, I HAPPEN TO SPEND ALSO TIME HERE.

I OWN AN APARTMENT NEARBY, AND I'M VERY, UH, LUCKY TO BE ABLE TO BE PART OF THIS COMMUNITY, UH, WHEN I'M NOT WORKING THAT MUCH.

SO IT'S ALSO GREAT TO BE HERE, AND I'VE SEEN THE TRANSFORMATION OF THIS AREA FOR MANY YEARS.

AND I BELIEVE IT'S THE TIME TO BRING IN NEW ENERGY TO THIS PART OF THE CITY.

AND I THINK, UH, THIS IS ONE OF THE FIRST PROJECTS OF MANY THAT WILL PROBABLY BE COMING AND WILL BRING A NEW LIFE TO A VERY MUCH NEEDED AREA OF MIAMI BEACH.

UH, AND IN THE THIRD ONE, UH, IT'S OBVIOUSLY BECAUSE I LOVE THE CONTENT, THE CONTENT OF THE PROJECT.

YOU KNOW, UH, I AM BEING ASKED OBVIOUSLY BY MR. SERRA'S COMMITMENT, AND AS NISAN ALREADY EXPLAINED, NOT TO DESIGN A BUILDING FOR THE VERY RICH AND FOR THE VERY WEALTHY, BUT REALLY FOR THE WORKERS OF THAT THIS COMMUNITY REALLY NEEDS.

AND THAT OBVIOUSLY, UH, ENTITLES A A OR, OR, UH, PROCEEDS TO A VERY DIFFERENT KIND OF DESIGN THAT I'M SURE YOU WILL UNDERSTAND.

UH, WE HAVE STUDIED, UH, EXTENSIVELY, YOU KNOW, THE ARCHITECTURE OF MIAMI IN MIAMI BEACH.

AND, EH, I THINK THIS PROJECT IS ABOUT CELEBRATING THE HISTORY OF MIAMI AND VERY, ESPECIALLY THE MODERN HISTORY OF THIS, THIS LAST ALMOST A HUNDRED YEARS OR 80 YEARS OF BUILDING IN MIAMI AND MIAMI BEACH.

UH, IT'S A VERY, UH, UH, EASY AND SIMPLE PROJECT, AND WE'VE DONE OUR BEST TO MAKE IT NOT ONLY A, A OBVIOUSLY A VERY SOPHISTICATED AND ELEGANT PROJECT, BUT ALSO A VERY LIGHT PROJECT, A PROJECT THAT WILL ENHANCE THE COMMUNITY AND WILL ENHANCE THE AREA.

IT IS NOT ALL ARCHITECTURE IS ABOUT DOING BIG JUMPS OR BIG GYMNASTICS IN ARCHITECTURE IN, IN THE CITY.

THIS IS A PROJECT THAT IS MORE ABOUT REINFORCING THE STRUCTURE OF THE CITY, THE PUBLIC SPACES OF THE CITY, OF UNDERSTANDING WHAT THE STREETS ARE, WHAT THE SCALE OF THE NEIGHBORHOOD IS, WHAT THE NEIGHBOS ARE, AND, AND HAVING A LITTLE BIT OF A QUIETER ARCHITECTURE THAT WILL, AND OF COURSE, VERY ELEGANT, THAT WILL ENHANCE THE WHOLE ENVIRONMENT.

UH, IT'S IMPORTANT TO UNDERSTAND THAT THE PROJECT, IT'S PART OF A SYSTEM.

YOU KNOW, IT'S, IT, IT'S NOT AN ISOLATED PROJECT.

IT'S A PROJECT THAT IT'S PART OF A, OF A BLOCK AS, AS

[00:50:01]

IT HAS BEEN SAID, OWNED BY MR. FOR MANY YEARS.

AND THAT IT NEEDS, UH, UH, TO KEEP ON, UH, SURVIVING AND WORKING LIKE BASICALLY NEEDS, DELIVERIES, NEEDS, UH, SERVICES, NEEDS, EVERYTHING.

SO THE PROJECT NEEDS TO ADAPT AND COMPLEMENT THE REST OF THE, OF THE BLOCK IN THE REST OF THE NEIGHBORHOOD, AND SHOULD NOT BE SEEN AS AN, UH, ISOLATED CONDITION.

UH, UH, I GO VERY FAST, UH, ABOUT THE PROJECT.

THE PROJECT HAS A FULL, UH, GROUND FLOOR OF, UH, RETAIL SPACES.

AND WE'RE HOPING ALSO TO BRING BACK SOME OF THE VERY NEEDED, EH, I WOULD SAY, SIMPLE SERVICES TO THE NEIGHBORHOOD, THE BAKERY, THE CAFE, THE HOPEFULLY WOULD BE THE SHOE REPAIR, WHICH DOESN'T EXIST ANYMORE, BUT BRING BACK, YOU KNOW, THE, THE LIFE OF THE REAL CITY IN A, IN A REAL NEIGHBORHOOD.

THIS, THIS PROJECT IS ABOUT CREATING BACK A NEIGHBORHOOD THAT MAYBE DOESN'T EXIST THAT STRONGLY ANYMORE IN THIS AREA.

IT'S TWO, 210 APARTMENTS OF DIFFERENT SIZES.

THE APARTMENTS ARE DEDICATED TO, AS, AS WE HAVE SAID BEFORE, TO WORKERS AND TO YOUNG FAMILIES IN THE CITY.

UH, I SHOULD SAY, AND SORRY TO DEVIATE, YOU KNOW, I WAS VERY TOUCHED BECAUSE A COUPLE YEARS, A FEW YEARS AGO, MY SON GOT A FIRST JOB AFTER COLLEGE HERE IN MIAMI.

UH, AND HE WAS MOVING HERE, AND IT WAS IMPOSSIBLE FOR HIM TO FIND AN APARTMENT IN MIAMI.

YOU KNOW, HE HAD TO FIND AN APARTMENT ABOUT AN HOUR AGO AWAY, HAD TO COMMUTE TO MIAMI.

AND THIS WAS A FINANCIAL, UH, JOB.

IT WAS NOT A WAITER JOB.

IT WAS NOT A, A EVERYDAY STORE JOB.

AND SO I HAVE ABSOLUTELY NO DOUBT THAT THE NECESSITY IS HERE, AND THAT WE NEED TO WORK TOWARDS, UH, SOFI, UH, BEING, UH, TRYING TO HELP BRINGING BACK THAT OPPORTUNITY TO THE YOUNG PEOPLE, UH, UH, IN THE YOUNG FAMILIES AND THE WORKERS THAT SUPPORT THE LIFE OF THE CITY.

IT'S A PROJECT THAT IT WILL BE COMPLETELY COMMITTED AS MR. SE HAS, HAS BEEN IN SUPPORT.

HIS COMMITMENT BOTH TO SOCIAL AND TO ENVIRONMENTAL SUSTAINABILITY.

UH, WE ARE CONSIDERING AND TAKING, UH, AND BEING VERY CAREFUL ABOUT, UH, ALL OF THE, THE RULES AND REGULATIONS AND GOING BEYOND THAT BECAUSE WE UNDERSTAND THE, THE HOW FRAGILE, UH, THE, THE CONDITION IS AGAINST THE CHANGING ENVIRONMENT THAT WE'RE ALL SORT OF SUSTAINING HERE.

UH, IT'S A, A, I WOULD CONSIDER A, A VERY, UH, MODERN EXPRESSION, UH, THAT REALLY REFLECTS TO THE CONDITIONS OF THE, THE AREA, THE AREA, THE, UH, I WOULD SAY, YOU KNOW, THE, THIS AREA IS CHANGING.

IT'S BEEN CHANGING FOR 30, 40 YEARS.

UH, IT'S NOT, UH, THE ART DECO BEAUTIFUL AREA, WHICH I HAVE HUGE RESPECT FOR, UH, IN MIAMI BEACH.

BUT IT GOES WAY BEYOND.

AND OBVIOUSLY, THE SCALE OF THE FUTURE PROJECTS DESERVE, UH, SORT OF DIFFERENT EXPRESSION.

UH, I THINK, UH, UH, AND, AND LAST BUT NOT LEAST I SHOULD SAY THAT, UH, ALTHOUGH IT'S A, A SIMPLE PROJECT REINFORCING THE STRUCTURE OF THE CITY, UH, IN, IN, I NEED TO QUOTE, UH, A SENTENCE FROM ONE OF THE BIG, UH, ARCHITECTS OF THE 20TH CENTURY ROM VANDER ROW, SORRY, A BIG, UH, MASTER, UH, WHICH SAID LESS IS MORE.

AND, UH, THAT'S WHAT WE'RE TRYING TO DO HERE.

DO LESS IN GYMNASTICS, BUT MORE IN USING BETTER MATERIALS, BETTER DETAILING, UH, BETTER TECHNIQUES, AND BRING THIS PROJECT TO BE A REAL EXAMPLE FOR THE 20TH FIRST CENTURY, OR FOR THE BEGINNING OF THIS CHANGE OF MIAMI BEACH.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU.

UH, THANK YOU ENRIQUE.

AND, UH, JUST TO CONCLUDE, IF YOU WOULD, I'D LIKE TO BRING AMBASSADOR SEHA UP TO SAY A FEW WORDS.

ALSO NOTE YOU HAVE RECEIVED, UH, SUPPORT FOR THIS FROM BOTH THE WASHINGTON AVENUE ASSOCIATION AND THE LINCOLN ROAD ASSOCIATION.

THANK YOU NIXON.

MR. CHAIRMAN, MEMBERS OF THE BOARD, MEMBERS OF THE STAFF, UH, THANK YOU FOR, UH, HEARING THIS.

UH, AND I WANTED TO TELL YOU THAT I'M THE PROUD OWNER.

BEFORE THAT, I TELL YOU, I'M PAUL SEJA.

I LIVE AT 33 15, UH, COLLINS AVENUE, FIND A HOUSE, PENTHOUSE D UH, IT'S MY HOME.

I LIVE ON A BEACH MOST OF MY LIFE.

[00:55:01]

I'VE BEEN HERE 65 YEARS.

I'VE OWNED THIS PROPERTY CLOSE TO 30 YEARS, AND I'VE ALWAYS DREAMED OF IT TO BE FOR MY CHILDREN AND GRANDCHILDREN.

I'VE SEEN IT HIGH.

I SAW, I SAW IT IN THE SIXTIES WHEN LINCOLN ROAD WAS GREAT AND VIBRANT, AND THEN BALL HARBOR CAME AND LINCOLN ROAD WENT DOWN AND WE WENT THROUGH IT, AND THEN LINCOLN ROAD CAME BACK.

AND NOW LINCOLN ROAD NEEDS HELP.

AND IT NEEDS HELP BECAUSE WE NEED TO BRING PEOPLE HERE.

LINCOLN ROAD HAS TO BE THE PRIDE OF MIAMI BEACH.

AND UNFORTUNATELY, UH, SOME THINGS HAD HAPPENED THAT THE CITY ON THE OTHER SIDE HAS PROVIDED INCENTIVES, HAS PROVIDED A LOT OF OPPORTUNITIES FOR DEVELOPMENT THERE THAT WE, UH, HAVE, HAVE NOT BEEN ABLE TO DO.

BUT NOW LOOKING AT THAT SITUATION AND LOOKING AT THE NEED AND BEING SOMEONE WHO IS INVOLVED WITH THE CITY, MY WIFE IS INVOLVED WITH THE BASS MUSEUM.

UH, WE ARE THE SECOND LARGEST CONTRIBUTOR TO THE BASS, SECOND TO THE CITY.

UH, AND WE, WE LOVE THE CITY, AND I'M ONLY SAYING THIS, THIS THINGS TO TELL YOU HOW MUCH WE ARE COMMITTED TO THIS CITY AND HOW MUCH WE LOVE MIAMI BEACH AND HOW MUCH WE LIKE IT TO THRIVE.

AND WE SEE A NEED, AND THAT NEED IS HOUSING.

WE COULD HAVE GONE WITH THE STATE AND SAID, OKAY, THE STATE, WE ARE GOING TO GO AND FORCE IT DOWN THE THROAT.

AND THAT'S NOT MY STYLE.

I LIVE HERE.

I LOVE THE CITY, I LOVE TO WORK WITH THE STAFF.

AND WE'VE BEEN WORKING WITH THE STAFF AND LISTENING TO THEIR RECOMMENDATIONS, AND WE HAVE INCORPORATED THEIR RECOMMENDATIONS INTO THE FINAL DESIGN SO THAT IT WOULD BE MORE PALATABLE FOR YOU TO MAKE A DECISION.

AND SO, ONE THING THAT I GOTTA TELL YOU ABOUT AND THEN THAT I'M VERY PROUD OF, WHEN I BOUGHT THE BUILDING, WE DID A LITTLE RESEARCH AND IT WAS THE SECOND BUILDING IN THE UNITED STATES BUILT WITH CENTRAL AIR CONDITION.

THERE WAS ONE IN, UH, UH, PARK AVENUE, AND OURS WAS THE SECOND ONE, CENTRAL AIR.

SO THAT'S SOMETHING THAT WE HAVE, AND IT IS THE LARGEST COMMERCIAL, NON-RESIDENTIAL, NOT HOSPITALITY, UH, COMMERCIAL BUILDING IN MIAMI BEACH, AND CERTAINLY LINCOLN ROAD.

SO I'M PROUD TO, TO DO IT IN A WAY THAT IS A COMPROMISE WITH THE CITY THAT I LOVE, WITH THE STAFF.

THAT HAS BEEN GREAT, AND WITH A COMMISSION THAT HOPEFULLY WILL EVENTUALLY APPROVE IT.

UH, WE DIDN'T WANT TO GO TO THE CITY AND HAVE 20 STORIES, UH, OR 25 STORIES BASED ON, ON STATE LAW.

WE WANTED TO BE CITIZENS OF MIAMI BEACH, SO WE COMPROMISE.

AND I BROUGHT A GREAT ARCHITECT TO DO SOMETHING FOR THE PEOPLE OF MIAMI BEACH.

WITH THAT, I THANK YOU FOR YOUR QUESTION.

AND THE RESIDENTIAL UNITS ARE APARTMENTS OR CONDOS? APARTMENTS.

RENTAL CONDOS.

OKAY.

RENTALS.

AND I'M ASSUMING SINCE YOU'RE TRYING TO ALLOW WORKERS TO, IT'S, THEY'RE GONNA BE A DECENT PRICE POINT.

IT IT'S, IT'S A RENT A RENTAL APARTMENT BUILDING.

AND IF YOU SEE, EVEN THE SIZING OF THE UNITS ARE SUCH THAT IT'S, IS, IT'S AS GEARED TOWARDS WORKING PEOPLE, UH, IS NOT, UH, YEAH, I THINK THAT'S GREAT.

THAT'S ACCURATE.

THAT'S GREAT.

MR. MR. CHAIRMAN, UH, YEAH, AS, AS YOU KNOW, I'M ALSO A BUSINESSMAN AND, UH, YOU, YOU CAN DO WELL BY DOING GOOD AND, UH, LISTEN, YOUR CONTRIBUTIONS AND REPUTATION NEED, NO, UH, THANK YOU.

BUT, BUT I HAVE TO TELL YOU, IT COULD BE OTHER OPPORTUNITIES THAT WOULD BE GREATER IF I WENT WITH THE STATE.

I DECIDED THIS IS MY CITY.

I HAVE TO WORK WITH YOU TO COME TO A COMPROMISE SO THAT YOU WILL SUPPORT WHAT I'D DONE.

I BROUGHT A GREAT ARCHITECT THAT I HAD BROUGHT FOR THE GARAGE TO DO, TO DO A GREAT THING FOR THE PEOPLE OF MIAMI BEACH, BUT IT IS A BUSINESS.

AND, AND I WILL HAVE MARKET RATES.

MARKET RATES IS WHAT THE MARKET WILL BEAR.

RIGHT.

THANK YOU.

OKAY.

THAT, THAT CONCLUDES OUR PRESENTATION.

YEAH.

LET'S OPEN TO THE PUBLIC AND THEN AT THE POINT IN TIME YOU GET TO THE, UH, VOTE.

THERE IS ONE SMALL TWEAK I'D LIKE TO BE, WE'LL GET TO THAT.

ARE ANYBODY IN CHAMBERS TO SPEAK ON THIS ITEM? MR. CHAIR, QUICK QUESTION.

YOU, DID YOU ASK FOR, UM, DISCLOSURES? I DID.

OH, I'M SORRY, I MISSED, OH, SORRY.

GO AHEAD.

THEY, THEY PRESENTED TO THE FLAMINGO PARK, UH, NEIGHBOR ASSOCIATION LAST WEEK.

OKAY.

ANYBODY ELSE? NO.

OKAY.

NOBODY IN CHAMBERS ON THIS.

OKAY.

ANYBODY ON ZOOM? UM, YES.

ON ZOOM WE HAVE JOHANN MOORE.

HEY, JOHANN, DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE

[01:00:01]

IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? YES, I DO.

JOHANN MOORE FOR MERIDIAN COURT COMMUNITY, UH, I HAVE TO SAY THAT THE COMMUNITY STILL HEARS AN IMPLIED THREAT THAT IF THIS DOESN'T GO FORWARD, THAT THE DEVELOPER WILL CHOOSE TO BUILD EVEN HIGHER UNDER STATE LAW.

UM, WE ARE OFFENDED BY THAT.

UH, I ALSO WANT TO PUSH BACK ON A COUPLE OF THE ASSERTIONS, NAMELY THAT THE NEIGHBORHOOD IS, WELL, WHAT NOT, WHAT IT ONCE WAS.

UM, THAT MAY OR MAY NOT BE TRUE, BUT THOSE OF US WHO LIVE IN THE NEIGHBORHOOD, UH, HAVE SOME CONCERNS ABOUT THIS BUILDING.

AND I WOULD, UH, REMIND THAT, UH, THOUGH THE WASHINGTON AVENUE BID AND THE LINCOLN, UH, ROAD BUSINESS ASSOCIATION SEEM SUPPORTIVE OF THIS PROJECT IN ITS CURRENT FORM, FLAMINGO PARK NEIGHBORHOOD ASSOCIATION, I BELIEVE STILL HAS A MOTION PENDING THAT WILL BE CONSIDERED AT THE NEXT MEETING TO WITHHOLD ITS SUPPORT, UH, PENDING CLARIFICATION OF CERTAIN DETAILS.

NOW, I WANT TO PUSH BACK ON, UH, A COUPLE OF THINGS, BUT BEGIN BY SAYING THAT THE OBVIOUS OBJECTION FROM THE NEIGHBORHOOD IS THE EXCESS HEIGHT.

UM, I WILL ALSO PARENTHETICALLY SAY THAT AS MCC HAS ARGUED IN THE PAST, THAT SUCH A HIGHER BUILDING AT THE NORTH END OF THE NEIGHBORHOOD IS LESS INTRUSIVE, LESS DISRUPTIVE IN TERMS OF THE SHADOWS IT CASTS THAN ONE ON THE EAST, SOUTH, OR WEST SIDE OF THE NEIGHBORHOOD.

THAT IS ABOUT THE ONLY POSITIVE COMMENT THAT I WILL MAKE IN ACKNOWLEDGEMENT OF THIS PROJECT.

UH, THE PUSHBACK REVOLVES AROUND THE APPARENT RENTS.

UH, FOR A STUDIO APARTMENT.

$2,300 A MONTH IS THE AMOUNT THAT HAS BEEN REPORTED IN THE PRESS, UH, AS A MARKET RATE FOR A STUDIO, UH, CONTRASTED TO A ONE BEDROOM FOR SLIGHTLY UNDER 2000 A MONTH.

IN THE CONTRIBUTING BUILDING IN WHICH I HAPPEN TO LIVE, WORKING CLASS FAMILIES WILL NOT BE ABLE TO EITHER CRAM INTO A STUDIO OR PAY $2,300 A MONTH.

NOW, WE UNDERSTAND THAT THAT MAY STILL BE CHEAPER THAN LUXURY HOUSING, BUT WE ALSO FEAR THAT WITHOUT ANY KIND OF PRICE CONTROLS, RENTAL CONTROLS, WHICH WE ARE PROHIBITED FROM DOING, THAT THOSE RENTS WILL IN FACT, RISE OVER TIME.

STUDIO APARTMENTS WITH A VIEW OF THE OCEAN INEVITABLY WILL RISE IN VALUE FROM THE POINT OF VIEW OF THE DEVELOPER.

THAT BEING SAID, WE DO NOT WANT TO OPPOSE THIS PROJECT AS A WHOLE, BUT WE DO THINK THAT IT IS A BIT PREMATURE, AND I HAVE IN FACT ANTICIPATED THAT THIS WOULD BE CONTINUED TODAY GIVEN THAT NEITHER THE COMMISSION, UH, HAS APPROVED COMMISSIONER SWADE, UH, PROPOSAL FOR HIGHER RISE DEVELOPMENT ON WASHINGTON AVENUE AND EXACTLY HOW HIGH IS PRECISELY THE POINT OF ATTENTION.

UH, I WILL LEAVE IT AT THAT.

UH, THANK YOU VERY MUCH.

I HOPE YOU CONTINUE THE ITEM AND DO NOT, UH, EXPRESS SUPPORT AS A, AS A AS A BOARD FOR THIS TODAY.

THANK YOU.

OKAY.

ANYBODY ELSE? THAT'S IT.

AND NOBODY IN CHAMBERS.

ALRIGHT, WE'LL CLOSE THE PUBLIC HEARING QUESTIONS.

UM, I THINK THIS IS INCREDIBLE.

AS A PLANNING BOARD, WE'VE BEEN TRYING TO GET, I, I'D SAY MORE AFFORDABLE HOUSING, NOT WITHIN THE AFFORDABLE CATEGORY, BUT I'D SAY ATTAINABLE PRICED RENTALS THAT PEOPLE CAN ACTUALLY LIVE IN SO THAT THEY DON'T HAVE TO GO OFF THE BEACH.

I THINK THIS IS AN INCREDIBLE FIRST STEP.

I WISH THERE WAS MORE OF IT.

UM, AND I APPLAUD YOU ALL.

JUST A GREAT TEAM, SOMEONE SPENDING MONEY ON TOP-NOTCH DESIGN TALENT PROGRAMMING IN A PRIME LOCATION, LET'S CALL IT THE URBAN CORE.

THIS SHOULD REALLY BE, IN MY OPINION, THE MODEL FOR FUTURE DEVELOPMENT THAT CAN HOPEFULLY HELP US SOLVE THE ISSUES THAT THE CITY AS A WHOLE IS GOING THROUGH.

SO, THANK YOU.

AND WHAT, WHAT ARE THE PROPOSED MODIFICATIONS? EXCUSE ME.

DIDN'T YOU SAY YOU HAD A PROPOSED MODIFICATION TO THESE, TO THE ZONING OH, OH, TO THE CONDITION.

I'M SORRY.

YES.

THANK YOU FOR BRINGING THAT TIME BEFORE I SPEAK.

LET'S HEAR.

I'D SAY IT DOESN'T MATTER.

OKAY.

YEAH.

I I THINK YOU'LL BE OKAY WITH THIS.

IT'S, THIS IS CONDITION THREE.

UH, I, UH, G WHICH IS THE, UM, TRANSPORTATION AND TRAFFIC CONDITION.

AND WE AGREE WITH THE CONDITION EXCEPT WITH RESPECT TO, AND IF YOU, I'LL, I'LL DIRECT YOU THE SECOND PAGE OF THE, OF THAT ITEM.

IT SAYS, THE DEPARTMENT'S DIRECTOR HAS CONFIRMED THAT SIGNALIZATION PLANS MUST BE REVIEWED AND APPROVED BY THE TRANSPORTATION AND MOBILITY DEPARTMENT AND SUBMITTED TO MIAMI-DADE COUNTY FOR REVIEW BEFORE A PASS CAN BE ISSUED FOR THE BUILDING PERMIT.

WE

[01:05:01]

ARE FINE WITH THAT.

THE NEXT SENTENCE, THOUGH, UH, NEEDS TO BE, UH, MODIFIED SOME, IT SAYS, NOTE THESE SIGNALIZATION PLANS SHOULD DEMONSTRATE THAT THE PROPOSED OPTIMIZATION MAINTAINS ACCEPTABLE LEVELS OF SERVICE AND DOES NOT DEGRADE CORRIDOR WIDE OPERATIONS.

THAT'S A BIT OF A, OF A BLACK HOLE.

WE DON'T KNOW WHAT THAT, WHAT WHAT THEY, THAT WHAT WILL BE DEEMED AT THAT TIME ACCEPTABLE.

SO WHAT WE WOULD PREFER IS TO TAKE OUT THE CLAUSE, MAINTAINS ACCEPTABLE LEVELS OF SERVICES, DOES NOT DEGRADE CORRIDOR WIDE OPERATIONS, REMOVE THAT AND PUT INSTEAD MITIGATES IMPACTS ON SERVICE RELATED TO THE PROJECT.

SO IN OTHER WORDS, WE'RE GONNA HAVE TO SHOW IN OUR TRAFFIC THAT ANYTHING, ANYTHING WE DO WILL MITIGATE, WE WILL DO WHATEVER SIGNALIZATION OR CHANGES ARE NECESSARY TO MITIGATE OUR IMPACTS.

BUT I THINK MORE BROADLY, WE DON'T CONTROL, UH, WASHINGTON AVENUE'S, LEVELS OF SERVICE AND WHAT ELSE IS GOING ON THERE.

AND THAT WAS, IT'S A STANDARD THAT I THINK COULD BE, UH, POTENTIALLY EVEN UNATTAINABLE.

SO WHAT YOU THINK THIS IS TOO NEBULOUS THAT YES.

YES.

ALRIGHT.

AND IT SHOULD JUST SAY THAT WE WILL MITIGATE THE IMPACTS ON SERVICE RELATED TO OUR PROJECT.

DOES THE STAFF HAVE COMMENTS ON THAT? UM, I'M TAKING A LOOK AT THAT.

I THINK THE IMPORTANT PART OF THE CONDITION IS REALLY BEFORE THE SENTENCE THAT STARTS WITH NOTE AGREE.

I THINK THAT THAT WAS JUST TRANSPORTATION EXPLAINING TO A CERTAIN EXTENT, BUT I THINK THE IMPORTANT PART OF THE, THE, THE CONDITION IS PRIOR TO THAT.

SO I'M, I'M OKAY WITH THE CLARIFICATION ON THE NOTE.

YEAH, AND IT'S INTERESTING 'CAUSE WHEN MR. MOORE SPOKE, HE SAID WE'D LIKE MORE DETAILS.

I DON'T KNOW WHAT THE CONCERN IS OR WHAT DE I WISH HE HAD ARTICULATED WHAT DETAILS THEY'RE STILL MISSING.

BUT, UM, I DON'T KNOW IF YOU'RE AWARE OF WHAT, WHAT, UH, I I, YOU KNOW, UH, IT'S HARD TO, IT'S HARD TO RESPOND FRANKLY TO HIS COMMENTS.

UH, THIS IS, UH, I, I ALMOST HAVE TO CHARACTERIZE THIS AS A NO GOOD DETAIL GO UNPUNISHED, RIGHT? AMBASSADOR TEJAS HAS COME IN WITH A, UH, OVERALL ABOUT THE ZONING CHANGE IN THE PROJECT.

HE'S ASKING FOR ONLY A 50 FOOT HEIGHT INCREASE.

HE'S ASKING FOR A MINIMAL 0.5, RIGHT.

FAR INCREASE IN ORDER TO MAKE A FEASIBLE PROJECT AS A MARKET RATE PROJECT.

YEAH.

YOU KNOW, UH, I, I, YOU KNOW, THIS IS, AND THIS IS WHAT THE CITY'S COMPREHENSIVE PLAN WANTS AND CALLS FOR.

SO I'M, I'M NOT QUITE SURE HOW TO ANSWER THE QUESTIONS.

UM, AND, AND JUST REAL QUICK, AND DEB, SO JUST SO I UNDERSTAND, SO ONE OF TWO, EITHER THE, THE COM THE, THE ORDINANCE FOR THE COMMISSION HAS TO PASS OR THEIR PRIVATE, SO THIS IS KIND OF THE CAR BEFORE THE HORSE, CORRECT.

BUT IF WE APPROVE IT, IT STILL HAS TO BE SUBJECT TO ONE OF THOSE APPLICATIONS BEING OR ONE OF THOSE, UH, ORDINANCES BEING APPROVED? CORRECT.

OKAY.

AND THAT'S, THIS IS MR. CHAIR, SO WE CAN CONTINUE MOVING THIS PROCESS OVER, RIGHT? I GET IT.

YEAH.

NOT TO DELAY IT.

OKAY.

GOT IT.

ALRIGHT.

UM, UH, DO YOU WANT ME THE TRASH COLLECTION? SO I KNOW IT SAYS THAT ALL LOADING ACTIVITY OPERATIONS SHALL BE ON SITE, BUT I DON'T, I WANNA MAKE SURE THAT THE WASTE COLLECTIONS INCLUDED IN THAT.

I KNOW IN THE PLAN AND THE DRAWING, THERE'S A GARBAGE TRUCK ON SITE, BUT I WANNA MAKE SURE THAT THAT SPACE IS BIG ENOUGH FOR THEM TO DO WHAT THEY NEED TO DO.

AND I DON'T, I, I WANNA MAKE SURE THAT THERE'S NOT, YOU KNOW, THE BINS AREN'T ROLLED OUT TO, BECAUSE I, THE TRASH TRUCKS ARE DEFINITELY GONNA WANNA JUST PULL UP ON WASHINGTON AVE AND SO WELL, BUT ALL THE SERVICE IS GONNA BE FROM THE ALLEY.

FORTUNATELY WE HAVE THE SERVICE ALLEY.

RIGHT.

AND I GUESS I'M JUST MAKING SURE.

SO I WOULD, I WOULD JUST ADD IN WASTE COLLECTION SHALL ONLY OCCUR BETWEEN 10 AND FOUR DAILY AND SHALL OCCUR ON, ON SITE YES.

OPERATIONS.

YES.

THAT'S IN THE OPERATION.

OKAY.

IT IS IN, OKAY.

SO I, I, BUT I JUST, YOU KNOW, OPERATIONS CHANGE OVER TIME, SO MAYBE LET'S JUST ADD THAT IN.

UM, AND THEN IN TERMS OF THE, UH, THE, SO AM I CORRECT THAT THE TRAFFIC FROM THAT LOADING AREA SPITS OUT ONTO WASHINGTON? NO.

IT, IT SPITS OUT ONTO THE SIDE OF THE STREET.

IT, IT'S ONTO 16TH STREET.

OKAY.

UM, SO I JUST, I JUST WANT TO MAKE SURE THERE'S ADEQUATE PROTECTIONS FOR, THERE'S PEDESTRIANS.

YEAH.

THERE IS NO, UH, VEHICULAR MOVEMENT ONTO WASHINGTON AVENUE.

OKAY.

I WAS LOOKING, JUST LINED.

UH, THERE WILL BE RE RETAIL ON THE GROUND FLOOR AND I GUESS A LOBBY FOR THE BUILDING.

I'M CURIOUS, IS THERE GOING TO BE A SECURITY PROVIDED? I ASSUME YOU'RE GONNA HAVE, UH, A MANAGER, BUT, UH, WHAT TYPE OF PROCESS WILL YOU HAVE FOR LOBBY AND ACCESS TO THE ELEVATORS AND TO FLOORS? AB ABSOLUTELY, WE WILL HAVE SECURITY AND, UH, IN THE LOBBY FULL TIME.

I SEE, I SAW THAT

[01:10:01]

IN THE OPERATION PLAN.

IT SAID LIKE REGULAR ROUNDS AND STUFF.

I GET ONE OF THE CONCERNS OBVIOUSLY IS THE STEPS OUTSIDE ARE GONNA BE GREAT TO SIT ON AND HANG OUT AT.

I WOULD JUST STRESS THE IMPORTANCE OF SECURITY OUT THERE DOING ROUND AT NIGHT.

YOU KNOW, YOU KNOW, AND, AND ACTUALLY I'M GLAD YOU MENTIONED THAT.

THIS IS ACTUALLY ANOTHER ONE OF THE GREAT REASONS FOR DOING THIS PROJECT.

MM-HMM .

RIGHT NOW AT NIGHT, IT'S A CLOSED CORNER, A DARK CORNER SKETCHING.

YEAH.

RIGHT NOW YOU'LL HAVE EYES ON THE STREET.

YOU'LL HAVE 24 HOUR, UH, PERSONNEL, UH, THERE.

UH, AND SO THAT ACTUALLY SHOULD PROMOTE SAFETY IN THAT AREA.

ALL THE RETAILERS SHOULD THANK THEM.

ALSO, WHAT ALL THE RETAILERS ON LINCOLN ROAD WILL NOW HAVE, HOPEFULLY SOMEWHAT OF, A LITTLE BIT MORE OF A CRITICAL MASS TO SUPPORT THOSE BUSINESSES AS WELL.

MASON, WAS THIS THE PROPERTY THAT YOU THOUGHT ABOUT DOING A GROCERY HIGH-END GROCERY STORE? IS IT DIFFERENT? NO, NO.

THIS WAS WE THAT WAS BEING LOOKED AT IN THE FOUR 20 BUILDING.

UH, AND NOT, NOT THIS PARTICULAR PROPERTY.

OKAY.

GOT IT.

THIS IS A QUESTION FROM MY WIFE.

DID YOU SAY ZARA IS GONNA BE THERE? ? WELL, I, YOU KNOW, IF YOU VENTURE NORTH OF SIXTH STREET, , UH, YOU'LL SEE THAT, UH, ZARA HAS BEEN THERE FOR MANY YEARS.

YEAH.

BUT THEY HAVE UNDERGONE, I KNOW IF IT'S COMPLETED ALREADY, THEY'RE REMODELING.

THEY'RE REMODELING, THEY'RE MAKING A MAJOR EXPANSION FANTASTIC.

IN THIS BUILDING.

SO THAT THIS IS GONNA BE NOT JUST A ZARA STORE, BUT A ZARA FLAGSHIP STORE RIGHT ON THE CORNER.

BE PLEASED.

THANK YOU.

I, LINCOLN AND WASHINGTON, I'LL LET HER KNOW I'M GOING TO JUMP IN 'CAUSE I JUST WANT TO ADDRESS SOME OF THE THINGS THAT WERE BROUGHT UP AT THE NEIGHBORHOOD ASSOCIATION.

OH.

AND SOME PERTAIN TO THE COP, BUT OTHERS ARE, THEY MAY.

UM, ONE THING WE TALKED ABOUT, UM, AT THE PRESENTATION, UM, IT WAS MENTIONED THAT ANY PARKING, ANY PEOPLE THAT HAVE CARS THAT ARE GONNA LIVE THERE WOULD BE ABLE TO PARK IN THE ADJACENT GARAGE.

SO WHAT WE'VE DONE PREVIOUSLY FOR, FOR CERTAIN APPLICATIONS IS, IS RESTRICT THE ABILITY OF ANY RESIDENT THERE TO APPLY FOR A PARKING DECAL FROM THE CITY.

OTHERWISE, WHAT, WHAT WE DON'T WANNA SEE IS PEOPLE LIVING IN THAT BUILDING, IF THEY HAVE PARKING AVAILABLE ON SITE PARKING IN THE NEIGHBORHOOD, AND COMPETING WITH OTHER RESIDENTS IN THE NEIGHBORHOOD.

UM, THAT WAS SOMETHING THAT I THINK THAT, UM, YOU GUYS AGREED TO DO.

RIGHT.

WE'RE, SO WE'RE NOT IN A ZONE WHERE THE RESIDENTS WOULD BE ABLE TO APPLY FOR A COULD THAT COULD BE CHANGED BY THE, YOU KNOW, MOVING FORWARD, UM, THE CITY.

THEY CAN EXPAND THE ZONE.

SO I GUESS WE'D LIKE, I'D LIKE TO SEE SOMETHING IN THE CP THAT SAYS ANY RESIDENT OF THE BUILDING CANNOT APPLY FOR A CITY PARKING DECAL AND IN THE ADJACENT ZONE ADJACENT RESIDENCE.

SO WHAT, HOW MANY, HOW MANY, I MEAN, POINT WE'LL TAKE, I GUESS, HOW MANY SPACES DO YOU PLAN ON AND IS IT GONNA BE LIKE $200 A SPACE PER, YOU KNOW, A MONTH? UM, I CAN SPEAK THE PARKING HAS 400.

SORRY, JUST IF YOU DON'T MIND, I THOUGHT I SAID MINUTE.

LOP, THE PARKING HAS APPRO, THE PARKING GARAGE HAS APPROXIMATELY 492 PARKING SPACES.

WE HAVE 210 RESIDENTIAL UNITS IN THE PLANS WE'RE ALLOCATING SPECIFICALLY, I BELIEVE IT'S 184 PLANS FOR THE RESIDENCES.

BUT IN, IF YOU LOOK AT OUR ZONING DATA SHEET, THERE'S ALSO A RESERVATION FOR PARKING SPACES FOR THE NEW WORLD SYMPHONY OF 175.

THAT EXISTS ON PAPER, BUT IN REALITY, THOSE PARKING SPACES ARE NOT UTILIZED.

SO OUR, OUR 210 UNITS ARE GONNA BE ABLE TO PARK IN THE GARAGE IN TERMS OF OPERATIONS, IF IT'S GOING TO BE INCLUDED IN YOUR RENT OR AN EXTRA CHARGE.

I'M NOT SURE THE TEAM REALLY KNOWS THAT YET.

IT WOULD HAVE TO DEPEND ON WHAT THE NUMBERS LOOK LIKE AT THAT TIME.

BUT WE DO HAVE THE CAPACITY TO PARK EVERY SINGLE UNIT WITHIN THE GARAGE.

THEN THERE SHOULDN'T BE A A, UM, AN OBJECTION TO, TO, UM, THAT CONDITION OF THE CUP, UH, YOU KNOW, I, I, MR. NEEDLEMAN, I THINK IF IT, I SOMETHING MAYBE WE WOULD BE WILLING TO REVISIT IF, AND IF AT SUCH TIME THIS AREA IS INCLUDED IN THE ZONE.

BUT I THINK IT'S PREMATURE NOW TO BE PRECLUDING US.

UH, I, I DON'T KNOW.

I I, THIS IS SOMETHING WE'VE DONE PREVIOUSLY IN SOME APPLICATIONS.

WHAT, WHAT IF WE'RE, SO I GET IT.

SO WHAT THEY'RE SAYING THOUGH IS THAT RIGHT NOW THERE'S NO RESIDENTIAL PARKING PERMITS TO BE HAD IN THAT AREA.

'CAUSE THERE'S, THERE'S NOT ENOUGH SPACE.

I MEAN, IT'S NOT ONE OF THOSE, WE'RE NOT IN THE ZONE THAT IT QUALIFIES FOR PERMITS, RIGHT? MM-HMM .

SO I THINK MAYBE SOMETHING WE COULD ADD IN, YOU KNOW, IF THEY BECOME IN THE ZONE OR THERE BECOMES THAT ISSUE ARISES IN THE FUTURE, THE, THERE WILL BE A, SOME SORT OF IMPACT STUDY OR, OR STUDY ABOUT HOW MANY RESIDENTS, THE SURVEY OF HOW MANY RESIDENTS, AND KIND OF MAKE A DETERMINATION IN THE FUTURE.

RIGHT NOW, THERE'S NOTHING TO, WE'RE DOING IT BASED ON WHAT POSSIBLY COULD HAPPEN IN THE FUTURE.

[01:15:01]

I AGREE THAT WE SHOULD INCLUDE SOME SORT OF CONSIDERATION BECAUSE IF THERE IS A ZONE OPENED UP AND 200 RESIDENTS REALIZE IT'S WAY CHEAPER TO DO IT THERE THAN IN, I, I WOULD THEN I WOULD MAKE A MOTION IF, IF THAT ZONE OR THAT LOCATION BECOMES AVAILABLE, YOU WOULD NEED TO COME BACK TO THE PLANNING BOARD.

THAT'S FINE.

OKAY.

IN ZONE TWO, WHICH IS BREAK IN ZONE.

YEAH.

MM-HMM .

WELL THAT IS, YEAH.

I WOULD SAY A, WELL, I THINK THAT'S THE ONLY, THAT'S THE RESIDENTIAL, YEAH, THE RESIDENTIAL ZONE.

SO IT WOULD BE ZONE TWO OR IT'S SUCCESSOR AS IT'S DESIGNATED.

OKAY.

YEAH.

IF YOU COME BACK HERE AND THEN WE CAN DISCUSS IT AGAIN, I'D BE OKAY WITH THAT.

THAT'S CERTAINLY FAIR.

I'M SUSPECTING IF WE'RE BASED ON THE PROPOSAL FROM COMMISSIONER SQUAT IS IF WE'RE CONVERTING MOST OF WASHINGTON INTO SOMETHING RESIDENTIAL, THERE'S GONNA BE A BIG MOVEMENT TO BE TRYING TO STUDY, YOU KNOW, THE PARKING ISSUES FOR, FOR THAT AREA.

SO I THINK THIS WILL BE PART OF A BIGGER PLAN.

MM-HMM .

UM, ANOTHER THING, UM, I KNOW ON THE, IN THE LDR AMENDMENTS, IT DOES SAY, UM, NO SHORT-TERM RENTALS.

I DON'T SEE IT IN THIS ORDER.

UM, I KNOW AGAIN, IT'S GONNA BE PART OF THE LDRS.

I ASSUME THE LDRS FOR THIS APPLICATION HAVE THAT IN, I, I DON'T RECALL.

BUT AGAIN, ON A LOT OF APPLICATIONS THAT COME TO US FOR, FOR CCPS, WE'VE INCLUDED THAT IN THE ORDER AS WELL.

THAT THERE ARE NO, NO SHORT TERM RENTALS ARE ALLOWED.

I MEAN, THE LDRS DO, UH, ARE CRYSTAL CLEAR.

WE CAN'T DO, WE CAN'T GET THE ZONING WITHOUT, CAN I ASK THAT? I MEAN, COULD IS THAT SOMETHING THAT WE COULD ADD TO THE CUP THAT CONDITION? BOTH ARE TRUE.

THE, THE LD, BOTH LDR TEXT AMENDMENTS HAVE A PROVISION THAT IN ORDER TO EV AVAIL THEMSELVES OF THE FAR AND THE HEIGHT, NO SHORT TERM RENTALS ARE PERMITTED.

UM, IF THE APPLICANT AGREES, I THINK THAT PUTTING A CONDITION IN IS JUST KIND OF DOUBLE SECURING THE FACT THAT WE, I THINK WE'VE DONE THAT BEFORE, THOUGH.

I'M CERTAINLY, I THINK THEY HAVE TO VOLUNTARILY IT'S, UH, IN THE BELT AND SUSPENDERS APPROACH, IT IS OKAY.

IF IT'S IN THIS ORDER AS WELL.

OKAY.

SURE.

UM, AND THE, THE LAST THING THAT I MENTIONED LAST TIME, AND IT CAME UP AT THE MEETING, WE'VE SEEN, UM, YOU KNOW, ON SOME OF THE LARGER FER INCREASES, UM, PUBLIC BENEFITS BEING A PART OF THE, THE APP, THE, UM, THE PROJECT, YOU KNOW, THAT CAME UP AT THE NEIGHBORHOOD ASSOCIATION.

I MEAN, THERE WASN'T ANY SPECIFIC THINGS MENTIONED.

WE WE'RE JUST ASKING SOMETHING FOR THE NEIGHBORHOOD.

UM, THE, THE I, AND THE REASON I'M, I'M BRINGING IT UP NOW IS BECAUSE WE'VE HEARD THAT THE CITY, YOU KNOW, I GUESS IMPACT FEES DEVELOPERS HAVE BEEN PAYING, HAVE BEEN, HAVEN'T BEEN INCREASED IN 30 YEARS.

THE IDEA IS, YOU KNOW, ANY TYPE OF INCREASE IN FAR, HEIGHT, WHATEVER, UM, THAT MAYBE THE DEVELOPERS SHOULD GIVE BACK SOMETHING TO THE CITY, THE SURROUNDING NEIGHBORHOOD.

UM, WHEN IT WAS BROUGHT UP AT THE NEIGHBORHOOD ASSOCIATION, I, I KNOW CECILIA SAID WE CAN, YOU KNOW, THINK ABOUT IT, TALK ABOUT IT.

I DON'T KNOW IF YOU'VE COME UP WITH ANYTHING, BUT AGAIN, THAT'S, I KNOW THAT'S NOT PART OF THE COP, IT WOULD BE SOMETHING AT COMMISSION LEVEL AT THE LDRS, BUT I'M JUST BRINGING THAT UP NOW BECAUSE I GUESS THE LDR R AMENDMENTS ARE GONNA COME BACK TO US AND I'M GONNA BRING IT UP AGAIN.

IT IT IS, IT, IT ISN'T PART OF THE CUP.

THAT'S CORRECT.

AND I UNDERSTOOD THAT.

IT'S CONVEYED TO US, I DO WANNA EXPRESS SOMETHING, AND THIS, WE MAY HAVE THIS DISCUSSION AGAIN WHEN IT COMES BACK FOR THE PLANNING BOARD FOR FINAL ADOPTION, THIS IS, AMBASSADOR SEJA IS DOING THE MINIMUM NECESSARY TO WHAT DO WHAT HE BELIEVES IS CREATE A VIABLE PROJECT.

SO IT'S A MINIMAL HEIGHT INCREASE, A MINIMAL FAR INCREASE.

THIS IS NOT THE TWO TO TWO AND A HALF TIMES FAR INCREASE IN TWO TIMES HEIGHT INCREASE.

THE OTHER PROJECTS THAT YOU'RE TALKING ABOUT THAT PAID PUBLIC BENEFITS, AND THIS IS WHAT THE CITY'S COMPREHENSIVE PLAN CALLS FOR, THE WIN FOR THE CITY, IS THAT WE WILL DEVELOP MARKET RATE RENTAL HOUSING IN, IN THE AREAS WHERE IT'S NEEDED.

SO, YOU KNOW, WE MAY HAVE THIS DISCUSSION AGAIN, BUT I THINK PEOPLE HAVE TO CHANGE THEIR THINKING A LITTLE BIT ABOUT THIS.

AND WHEN YOU COME IN WITH SOMETHING LIKE THIS WHERE YOU'RE DOING THE MINIMAL NECESSARY TO ACHIEVE WHAT THE CITY'S COMPREHENSIVE PLAN SEEKS THAT WE SHOULDN'T BE TAGGED WITH.

YEAH.

I GOTTA PAY FOR IT.

AND SO IT'S NOT, I GUESS THE BENEFIT OF THE WAY I ENVISION IS SOMETHING COMMENSURATE WITH, WITH THE SCALE OF THE PROJECT.

I'M NOT TALKING ABOUT WHAT SOME OF THESE OTHER LARGER FER INCREASES, UM, WHAT THEY PROPOSE.

BUT IT COULD BE SOMETHING LIKE, YOU KNOW, WE TALKED ABOUT TRANSPORTATION TRAFFIC.

I KNOW THERE'S, YOU KNOW, YOU'RE GONNA, I GUESS STUDY AND MAYBE RE REIGN OR

[01:20:01]

WHATEVER THE TERM IS FOR THE, FOR THE INTERSECTIONS THERE.

PERHAPS THERE'S SOMETHING MORE THAT CAN BE DONE FOR TRAFFIC, THINGS LIKE THAT.

UM, I JUST THINK IT'S SOMETHING TO, TO CONSIDER.

UM, I I'M SURE WE'LL HAVE MORE DISCUSSION.

YEAH.

IT'LL, IT'LL COME UP AGAIN.

BUT I JUST WANTED TO BRING, I KNOW AGAIN, IT'S NOT PART OF THE CCP.

I WANTED TO, AND I'M TAKING OFF MY HAT AS REPRESENTING AMBASSADOR SEA AND PUTTING ON MY HAT AS A LIFETIME CITIZEN AND FORMER MAYOR, WE HAVE TO, YOU KNOW, WHEN PEOPLE COME IN AND ASK, UH, FOR MODEST THINGS, WHICH ARE NEEDED TO MAKE PROJECTS HAPPEN, THERE ARE GOOD PROJECTS.

YOU KNOW, WE HAVE TO BE CAREFUL ABOUT NOT ALWAYS TRYING TO ASK FOR SOMETHING TO MAKE IT THAT MUCH MORE DIFFICULT TO ACHIEVE THAT PROJECT.

UH, YOU KNOW, AND IF IT IS WITHIN THE VISION OF THE CITY, AND THIS IS WITHIN THE VISION, THE VISION IS WE NEED TO HAVE MORE MARKET RATE.

WELL, I MEAN, THERE, I I MEAN, WE CAN GO BACK AND FORTH, BUT THERE ARE OTHER VISIONS IN THE CITY THAT WE NEED TO ALLEVIATE TRAFFIC CONGESTION AND PAY FOR OUR INFRASTRUCTURE AND A LOT OF THINGS LIKE THAT.

SO, AGAIN, IT, IT'S, I MEAN, WE DON'T WANNA KEEP GOING BACK AND FORTH HERE, BUT I, I, I THINK IT MAY COME UP AGAIN.

WE'LL SEE.

ANYBODY ELSE? I, I'D LIKE TO COMMENT.

WELL, FOR SURE SOME OF THE CONCERNS WERE ADDRESSED.

UM, I'M, I THINK THIS IS A FANTASTIC FIRST PROJECT FOR US TO BE GOING THE RIGHT DIRECTION HERE ON WASHINGTON.

AND I DO HEAR THE CONCERNS OF SOME OF MY COWORKERS AND SOME OF THE RESIDENTS THAT CALLED.

UM, BUT WE'RE NOT GONNA GET A PERFECT SOLUTION EITHER WAY.

I MEAN, WE'RE, THERE'S GONNA BE STUFF TO BE ADDRESSED THROUGH IT, BUT THIS IS AS GOOD AS IT GETS.

AND, UM, IF WE DON'T MOVE FORWARD WITH SOMETHING LIKE THAT, WHAT'S THE ALTERNATIVE? AND SO IT'S A DO NOTHING AT THIS POINT BECAUSE WE DO NEED PROJECTS THAT ARE VIABLE.

AND, UM, AND NOT PUTTING, NOT HAVING A FIRST SORT PROJECT THAT'S SHOWING AN INVESTMENT INTO THIS NEIGHBORHOOD IS NOT HELPING US MOVE FORWARD.

SO, UM, AGAIN, NOT TRYING TO BE INSENSITIVE TO SOME OF THE COMMENTS.

I DO UNDERSTAND SOME OF THE CONCERNS THAT WE NEED TO BE MAKING SURE WE'RE KEEPING A CLOSE WATCH ON, ON, ON REPRESENTING THE RESIDENTS AND THE CITY'S INTERESTS.

BUT, UM, I THINK THIS IS A FANTASTIC FIRST MOVE INTO, UM, REVITALIZING THAT AREA.

SO CONGRATULATIONS.

AGREE.

YEAH.

AND I JUST WANNA MAKE A POSITIVE COMMENT TOO, THAT, YOU KNOW, IN AN AREA THAT I LIVE IN WHERE, UH, HEIGHT IS VERY SENSITIVE, UH, I THINK IT IS REASONABLE AT ONE 50, I THINK THAT THE FACT THAT YOU'RE MOVING THIS AREA TOWARD MULTIFAMILY APARTMENTS IS BRILLIANT, UH, AND IS MUCH NEEDED, YOU KNOW, SO I, I FIND NO BIG FAULT.

I THINK IT'S A GREAT PROJECT.

THANK YOU.

WITH THAT, WHY DON'T YOU MOVE IT? YEAH, I'LL MOVE IT.

THANK YOU.

WITH, WITH THE, THE PROPOSED MODIFICATION, THE CONDITION ALSO WITH REQUIRING, UH, WASTE, UH, WHATEVER DISPOSAL ON ONSITE.

AND WHAT WAS THE, THE OTHER, THE OTHER WAS IN THE EVENT THAT, THAT IT IS INCLUDED IN THE FLAMINGO PARK PARKING DISTRICT NUMBER TWO, THAT, THAT WILL BE REVIEWED AT THAT TIME WITH RESPECT TO INCLUSION IN THAT DISTRICT.

MM-HMM .

UM, WAS THAT FOR THE PARKING DISTRICT CONDITION? WAS THAT TO BRING BACK TO THE PLANNING BOARD TO REVIEW? THAT'S MY, YEAH.

YES, THAT WAS OKAY.

AND ALSO WE TALKED ABOUT, UH, IN THE CP, NO SHORT TERM RENTALS, EVEN THOUGH THAT'S IN THE LDRS, BUT RIGHT.

PROHIBITION OR SHORT TERM ORDER AS WELL.

OKAY.

WITH THOSE AMENDMENTS, CAN I GET A SECOND? SECOND? OKAY.

SHE ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? ALRIGHT.

THANKS FOR YOUR PRESENTATION.

THANK YOU VERY MUCH.

THANK YOU EVERYONE.

THANK YOU AMBASSADOR.

ALWAYS GREAT TO SEE YOU.

ALRIGHT, NEXT IS

[6. PB24-0660, 1620 Drexel Avenue]

A NEW APPLICATION PLANNING BOARD FILED 24 0 6 6 0 16 20 DREXEL.

AND BEFORE WE START ANY DISCLOSURES ON THIS ONE? KEITH'S SCOTT, ANY DISCLOSURES ON THIS ONE? NO.

OKAY.

MELISSA? NOPE.

OKAY.

DEB.

UH, AN APPLICATION HAS BEEN FILED REQUESTING A CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT, INCLUDING AN ALCOHOLIC BEVERAGE ESTABLISHMENT OR A RESTAURANT LOCATED ON THE TOP FLOOR OF A BUILDING.

UM, WHETHER FULLY ENCLOSED, PARTIALLY OPEN OR OPEN TO THE SKY, INCLUDING ALL OPEN AIR PORTIONS ABOVE THE ROOF ON A PROPERTY WHICH IS LOCATED WITHIN 200 FEET OF A PROPERTY CONTAINING A RESIDENTIAL UNIT.

UM, THE APPLICANT IS PROPOSING TO CONSTRUCT, UM, AS PART OF A YET TO BE CONSTRUCTED BUILDING A RESTAURANT, UM, WITHIN THE ADDITION TO THE, UH, COMMUNITY CHURCH PROPERTY AT THE SOUTHWEST CORNER OF LINCOLN ROAD IN DREXEL AVENUE.

UM, THE NEW RESTAURANT IS PART OF A UNIFIED DEVELOPMENT SITE THAT DOES CONTAIN THE THE COMMUNITY CHURCH.

UM, THE APPLICANT HAS SUBMITTED THIS APPLICATION PURSUANT TO SECTION, UM, WHICH IS THE NEIGHBORHOOD IMPACT, UM, AS THEY ARE AN ALCOHOLIC BEVERAGE ESTABLISHMENT OR RESTAURANT THAT IS ALSO OPERATING AS AN ENTERTAINMENT ESTABLISHMENT

[01:25:01]

OR DANCE HALL WITH AN OCCUPANT CONTACT OF, OF 200 OR MORE PERSONS.

UM, AND THE CONDITIONAL USE FOR THE OPEN AIR PORTION WITHIN 200 FEET OF A PROPERTY CONTAINING A RESIDENTIAL UNIT.

UM, THE RESTAURANT INCLUDES A TOTAL OF 460 SEATS.

254 OF THOSE SEATS ARE INDOOR AND 206 ARE LOCATED AT THE ROOF LEVEL.

THE TOTAL OCCUPANT CONTENT IS 727 PERSONS.

THE PATRON OCCUPANT CONTACT IS 683 PERSONS.

UM, THE APPLICANT IS PROPOSING THE FOLLOWING HOURS OF OPERATION MONDAY THROUGH FRIDAY, 4:00 PM TO 2:00 AM AND SATURDAY AND SUNDAY 11:00 AM TO 2:00 AM.

UM, INDOOR ENTERTAINMENT IS PROPOSED, UM, THAT IS LOCATED AT THE GROUND LEVEL INDOOR ENTERTAINMENT.

UM, HOWEVER, THERE IS NO OUTDOOR ENTERTAINMENT PROPOSED.

ONLY AMBIENT BACKGROUND LEVEL MUSIC IS, IS PROPOSED AT THE ROOF LEVEL.

UM, GIVEN THE FACT THAT ALL OF THE ENTERTAINMENT LEVEL SOUND WILL BE CONTAINED WITHIN THE EXISTING BUILDING.

UM, STAFF DID NOT, UH, REQUIRE A SOUND STUDY.

I KNOW THE APPLICANT HAS PROVIDED, UM, SOME INFORMATION WITH REGARD TO THAT.

UM, ALSO GIVEN THE INTERVENING COMMUNITY CHURCH PROPERTY THAT IS LOCATED BETWEEN THE RESTAURANT AND THE MULTIFAMILY RESIDENTIAL DISTRICT TO THE SOUTH, UM, WE DO NOT EXPECT ANY ADVERSE IMPACTS.

UM, WITH REGARD TO SOUND.

WE HAVE, HOWEVER, INCLUDED, UM, A COUPLE CONDITIONS IN THE DRAFT CUP, UM, JUST TO FURTHER EMPHASIZE THAT THE SOUND SHALL NOT BE PLAINLY AUDIBLE FROM ANYWHERE ON THE EXTERIOR OF THE PROPERTY.

UM, WE WILL, WE ALSO HAVE A CONDITION THAT PRIOR TO THE ISSUANCE OF A CU UM, WE WILL REQUIRE AN ONSITE TESTING WITH THEIR SOUND CONSULTANT TO CONFIRM, UH, THE APPROPRIATE MUSIC LEVELS.

UM, THERE IS NO PARKING, UH, PROVIDED ON SITE.

UM, ALL THE VALET OPERATIONS WILL BE THROUGH THE CITY'S EXCLUSIVE LINCOLN ROAD VALET OPERATOR, UM, WITH A RAMP LOCATED ON DREXEL AVENUE.

UM, THE APPLICANT IS PROPOSING AS PART OF THE, UM, CONSTRUCTION PLANS A DOUBLE DOOR VESTIBULE, WHICH SHOULD CONTAIN, UM, NOISE.

THEY HAVE PROVIDED A SECURITY AND CROWD CONTROL.

UM, PLAN, UM, DELIVERIES WILL TAKE PLACE BETWEEN 9:00 AM AND 4:00 PM THEY ARE PROPOSING TO UTILIZE THE CITY'S, UH, DESIGNATED COMMERCIAL AND FREIGHT LOADING ZONES.

UM, STAFF HAS NO OBJECTION TO THIS APPLICATION.

AGAIN, WE DID INCLUDE SOME, UH, CONDITIONS, UH, JUST TO ENSURE THAT THERE IS NO SOUND SPILLAGE OUTSIDE OF THE RESTAURANT TOWARD THE RESIDENTIAL, UH, PROPERTIES.

NOW, I DID SPEAK WITH THE APPLICANT RECENTLY REGARDING ONE CONDITION THAT WE HAVE AS PART OF OUR, OUR SOUND REGULATIONS.

UM, AND I'M GONNA LET THE APPLICANT SPEAK TO THAT.

BUT, UH, ONE OF THE CONDITIONS CONTAINED IN THE DRAFT ORDER PROHIBITS THE USE OF SUBWOOFERS ON THE ROOF.

THAT'S A RELATIVELY STANDARD CONDITION.

UM, YOU KNOW, TO BE HONEST, IT MAY BE A SOMEWHAT ANTIQUATED CONDITION BECAUSE THE TECHNOLOGY OF, OF SPEAKERS AND SOUND HAS EVOLVED.

THERE ARE MUCH SMALLER TYPE, UH, AMPLIFIERS THESE DAYS AND WE HAVE RECEIVED INFORMATION FROM THE APPLICANT, SOUND CONSULTANT THAT WOULD LIKE TO SLIGHTLY MODIFY THAT CONDITION TO ALLOW VERY SMALL SUBWOOFER TYPE SPEAKERS AT THE ROOF LEVEL PLACED AT A LOW LEVEL, WHICH APPARENTLY HAVE A BETTER, UM, EFFICIENCY OF KEEPING SOUND WITHIN THE SPACE AND NOT NOT HAVING IT SPILL.

SO I WILL LET THEM, UH, GET INTO THAT.

BUT WITH THAT WE ARE RECOMMENDING APPROVAL.

I'M HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE.

OKAY, GREAT.

UM, THANK YOU DEBBIE.

UH, GOOD MORNING, MR. CHAIRMAN BOARDMAN STAFF MICHAEL LARKIN, TWO SOUTHEAST GAME BOULEVARD HERE RESIDENT.

THE APPLICANT WITH ME TODAY IS MIKE TONJA FROM NOBLE 33.

TODD TRAGA FROM S OH PJ, CAN YOU PULL UP THE PRESENTATION? THANK YOU.

UM, TODD DREAS FROM STA ARCHITECTURAL GROUP.

ADRIAN DSKY FROM KIMLEY HORN AND ANDY SWERDLOW FROM CRITERION ACOUSTICS.

UH, NEXT SLIDE.

SO THE PROPERTY IS LOCATED AT THE SOUTHWEST CORNER OF LINCOLN ROAD AND DREXEL AVENUE.

AS YOU ALL KNOW, THIS IS THE FIRST CLEAR EVIDENCE OF THE JAMES CORNER PLANT IS ACTUALLY REAL AND TAKING PLACE 'CAUSE THEY'RE CONSTRUCTING THE IMPROVEMENTS RIGHT NOW IN THIS PARTICULAR AREA OF DREXEL ALIVE.

AND IT'S KIND OF EXCITING TO WATCH IT FINALLY COME TO FRUITION AFTER A DECADE.

NEXT SLIDE.

PROPERTY IS CURRENTLY A VACANT SITE SURROUNDED BY A CONSTRUCTION FENCE WITH MESH.

NEXT SLIDE.

THIS IS WHAT IT WILL LOOK LIKE.

IT'S A TWO

[01:30:01]

STORY, UH, RESTAURANT SPACE WITH ROOFTOP DINING.

THE TWO, A FIRM ACTUALLY DID THE EXTERIORS HERE.

THEY DID A BEAUTIFUL JOB.

THIS WAS APPROVED, UH, A LONG TIME AGO AND NOW I'M EXCITED.

I ALSO SEE THIS COME TO FRUITION.

NEXT SLIDE.

THIS, UH, PROPERTY IS A PART OF A LARGER PROPERTY UNIFIED DEVELOPMENT SITE, ALL OWNED BY THE MIAMI BEACH COMMUNITY CHURCH.

AS YOU SEE ON THE RIGHT HAND SIDE, THE SANCTUARY WAS RESTORED ABOUT FIVE YEARS AGO AND IS SPECTACULAR NOW THROUGH DEBBIE'S GUIDANCE.

NEXT SLIDE.

TASH BERMAN IS A WELL-KNOWN RESTAURATEUR REAL ESTATE DEVELOPER, PROMINENT FIGURE IN THIS LUXURY HOSPITALITY INDUSTRY.

HE FOUNDED NOBLE 33 AND WE ARE VERY GRATEFUL THAT HE IS OUR CLIENT AND WE'RE WORKING WITH HIM TO BRING THIS PARTICULAR HIGH CONCEPT RESTAURANT TO YOU ALL ON LINCOLN ROAD.

NEXT SLIDE.

NOBLE 33 IS, HAS RESTAURANTS THROUGHOUT THE UNITED STATES.

IF YOU LOOK AT THE THIRD BULLET WITH, UH, THEY'RE PARTNERING WITH GLOBAL ICONS, INCLUDING PATRICK MAHOME AND TRAVIS KELSEY ON THE UPCOMING 1587 PRIME.

NEXT SLIDE.

TRAVIS KELSEY.

THAT'S FUNNY.

I JUST HAD TO INCLUDE THAT.

, YOU MIGHT AS WELL THROW IN TAYLOR SWIFT CELEB, CELEB POWER, UM, CASA MADEIRA, THEY OPERATE THAT IN WEST HOLLOW.

WEST HOLLY IS ONE OF THE TOUGHEST JURISDICTIONS OPERATE IN THE WHOLE UNITED STATES, YET THEY OPERATE THERE, UH, IMMEDIATELY ADJACENT TO RESIDENTIAL USES AND HAVE DONE SO SUCCESSFULLY WITHOUT ANY COMPLAINT SINCE ITS OPENING.

NEXT SLIDE.

THERE YOU HAVE MEDUSA, MEDITERRANEAN AND NEW YORK CITY AS THE MEAT PACKING DISTRICT.

IT WAS JUST NAMED YELP'S NUMBER ONE BEST NEW RESTAURANT FOR 2024.

NEXT SLIDE.

AND YOU CAN GET THEIR LAMB CHOPS OR THE GARDEN OF EDEN AND SPRITZ.

I'VE HAD A LONG WEEK, SO THAT SPRITZ IS LOOKING PARTICULARLY GOOD RIGHT NOW.

MM-HMM .

NEXT SLIDE.

THIS IS THE MAIN DINING ROOM IN THAT SAME LOCATION.

NEXT SLIDE.

THIS IS JUST ACROSS THE BAY, SPARROW, ITALIA, AND WYNWOOD.

NEXT SLIDE.

THIS IS THE ONE IN MAYFAIR, LONDON.

NEXT SLIDE.

SO I JUST WANTED TO PRESS UPON YOU 'CAUSE THERE'S BEEN A LOT OF TALK ALWAYS CRITICAL OF LINCOLN ROAD, HOW IT'S DYING, HOW IT'S NOT THERE ANYMORE.

BUT I THANKFULLY, BASED UPON WHAT I DO, I OPERATE FROM A DIFFERENT PERSPECTIVE.

AND I SEE LINCOLN ROAD BEING RESURGENT RIGHT NOW.

THIS IS THE WESTERN END NOTE THAT INFINITY GROUP JUST BOUGHT MICHAEL SROS ASSEMBLAGE.

SO THAT'S MOVING FORWARD QUICKLY.

CITIZEN M HOTEL HAS COME TO LINCOLN ROAD ANATOMY IS INJECTING MUCH NEEDED LIFE INTO THIS BLOCK OF LINCOLN ROAD.

THEN YOU ALL PROVE THE SUPERHUMAN MUSEUM.

JUST LAST MONTH, ALAN DUCO, ONE OF THE MOST FAMOUS CHEFS IN THE RESTAURANTS IN OCCUPY THE BANANA REPUBLIC BUILDING.

THE NICE GUY IS H WOOD GROUP.

THEY HAVE DELILAH AND BRICKLE CITY CENTER.

NEXT SLIDE.

THEN YOU HAVE ORO MIAMI AND MILA MIAMI ALWAYS JUST KNOCKS IT OUTTA THE PARK.

YOU HAVE O STEREO DAY FOR NTA AND THEN THE CITY COMMISSION JUST APPROVED PADDLE BALL COURTS ON THE ROOFTOP OF THE LINCOLN ROAD GARAGE.

NEXT SLIDE.

YOU HAVE ANDRE'S CARNE RE MY FAVORITE COLOMBIAN RESTAURANT.

YOU HAVE OUR RESTAURANT, WHICH WILL BE LOCATED CATTY CORNER.

JAMMAGE IS RIGHT NOW A GYM, BUT WE REPRESENT THEM AS WELL.

I KNOW THAT THERE'S A RESTAURANT COMING ON THE ROOFTOP THERE.

UM, AND THEN OF COURSE YOU ALL, PAUL STATE HOUSE IS A WONDERFUL GUY AND HE HAS THIS VISION THAT JUST CAME TO FRUITION TODAY WITH THE APARTMENTS THAT YOU ALL JUST APPROVED A FEW MINUTES AGO.

NEXT SLIDE.

SO WE'RE SEEKING A CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT WITH ENTERTAINMENT ESTABLISHMENT COMPONENT.

THE ROOFTOP, AS DEBBIE MENTIONED, WILL NOT HAVE ANY ENTERTAINMENT.

ENTERTAINMENT WILL BE, UH, WITHIN THE INTERIOR SPACE AND KNOW THAT THEY ARE NOT SOME TYPE OF CLUB RESTAURANT.

THEY VALUE SERVICE THE AMBIANCE AND THE FOOD.

THEY DON'T VALUE THE BEATING MUSIC.

WHILE THERE IS ROOM FOR THAT, IT'S JUST A PART OF WHAT THEY ARE.

IT'S NOT, DOES NOT DEFINE WHO THEY ARE.

NEXT SLIDE.

AND OF COURSE, STAFF IS RECOMMENDING APPROVAL.

WE, WE AGREE WITH 99% OF THE STAFF RECOMMENDATION AS DEBBIE MENTIONED.

THERE'S THAT ONE SLIGHT MODIFICATION TO THE PROHIBITION ON SUBWOOFERS AND THE ROOFTOP DINING AREA.

MY PARTNER PAUL PASS OUT TO YOU ALL OUR PROPOSED LANGUAGE.

I'M HAPPY TO GO THROUGH IT TOWARD THE END OF THE PRESENTATION.

NEXT SLIDE.

OF COURSE, THIS IS THE MOST INTENSE ZONING DISTRICT.

IT'S THE CD THREE ZONING DISTRICT.

WE'RE LOCATED WITHIN THE LINGO PARK, LOCAL HISTORIC DISTRICT THAT GIVES THE HISTORIC PRESERVATION BOARD JURISDICTION OVER THIS PROPERTY.

WE'RE GONNA APPEAR BEFORE THEM NEXT TUESDAY.

NEXT SLIDE.

THIS IS THE GROUND FLOOR.

YOU SEE THAT WE'RE GOING TO BE ENTERING FROM DREXEL AVENUE.

THERE'S A DOUBLE DOOR VESTIBULE TO CAPTURE ANY NOISE SO IT DOESN'T SPILL OUTSIDE.

MOVING NORTH IN THERE, THERE'S A SPIRAL STAIRCASE GOING TO THE SECOND FLOOR.

AND YOU HAVE SEATING ALL ALONG THE LINCOLN ROAD FACADE TO PROMOTE THE TYPE OF PEDESTRIAN INTERACTION WITH THE INTERIOR SPACE.

AND THEN FULLY 50% OF THIS GROUND FLOOR IS BACK A HOUSE.

NEXT SLIDE.

SECOND STORY, MOSTLY DINING AREA.

THE PRIVATE DINING ROOM IS TO THE WEST.

AND AGAIN, ABOUT 50% IS BACK OF HOUSE.

NEXT

[01:35:01]

SLIDE HERE YOU HAVE OUR ROOFTOP DINING AREA.

MANY, MANY, MANY, UH, CHAIRS UP THERE.

YOU'LL SEE THE AREA THAT'S BRACKETED IN RED IS OUR BACK OF HOUSE AREA THAT'S REALLY SOLID.

THIS WAS ON WITH INTENTION, SO NO SOUND FROM ANY OF THE CROWD NOISE WOULD BE TRANSMITTED TO THE SOUTH.

THIS IS A VERY SOLID SERVICES ALL THROUGH THAT AREA.

NEXT SLIDE.

THIS IS THE BACK OF HOUSE SOLID STRUCTURES.

UM, THAT'S WHAT WE'RE TRYING TO TELL YOU ALL THAT THERE'S REALLY VERY LITTLE OPPORTUNITY FOR ANY NOISE TO ESCAPE THE ROOFTOP DINING AREA AND BE TRANSMITTED SOUTH.

NEXT SLIDE.

AND AS YOU CAN TELL, WE ARE A GREAT DISTANCE AWAY FROM THE NEAREST RESIDENTIAL USE.

OVER A HUNDRED FEET.

THIS IS LIKE PUTTING A 10 STORY BUILDING, LAYING IT ON ITS SIDE.

AND AS DEBBIE MENTIONED, THERE IS ALSO THE CHURCH FELLOWSHIP HALL RIGHT THERE.

UM, SO AS, AS IN ADDITION TO THE SOLID SERVICES THAT ARE ALREADY ON OUR ROOFTOP DINING AREA.

NEXT SLIDE.

THIS IS CASA MADEIRA.

AS I DESCRIBED EARLIER.

NOTE THE ADJACENCY OF THE RESIDENTIAL USES.

CASA MADEIRA IS BORDERED IN RED.

THERE'S A, A RESIDENTIAL USE IMMEDIATELY ADJACENT AND THEN A LITTLE BIT TO THE RIGHT.

UH, THEY'VE NEVER HAD A SINGLE COMPLAINT 'CAUSE NOBLE 33 PRIDES ITSELF ON GETTING ALONG WITH ALL OF ITS NEIGHBORS.

NEXT SLIDE.

GO AHEAD.

DOES THAT RESTAURANT HAVE OUTDOOR DINING? MM-HMM .

ROOFTOP DINING.

WHICH ONE HAS MADERA CASA MADERA.

THEY HAD ONE IN WYNWOOD I THINK.

DIDN'T THEY? IT'S FARROW AND WYNWOOD.

RIGHT.

BUT ABOVE UPSTAIRS I THINK THAT IT GOT SOMEBODY, BUT I DON'T THINK, I THINK THEY WINWOOD'S GOT A LESSER RESIDUE POPULATION.

YEAH.

I POINT OUT WEST HOLLYWOOD BECAUSE I KNOW HOW TOUGH THEY ARE OUT THERE.

YEAH.

YEAH.

AND IT'S IMMEDIATELY ADJACENT.

WHAT'S THE RESTAURANT GROUP CALLED? NOBLE 33.

OKAY.

AND NOW I'M GONNA TURN IT OVER TO ANDY SWARDLOW.

DEBBIE IS CORRECT.

THEY DID NOT REQUIRE A, A NOISE STUDY, BUT WE ALWAYS TRY TO GO ABOVE AND BEYOND THE BASIC REQUIREMENTS TO GIVE YOU ALL THE GREATEST COMFORT.

AND I'M GONNA HAVE AN, IS ANDY SOMEWHERE HANGING OUT THERE IN THE ZOOM UNIVERSE? YES.

UM, CAN YOU PROMOTE HIM TO BE A PANELIST? ANDY? HI ANDY.

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

THANK YOU.

GO AHEAD ANDY.

SO WE DID A, AN ENVIRONMENTAL MODEL WHERE WE MODELED THE SOUND FROM THE SPEAKERS ON THE ROOF AND WE MODELED THE SOUND FROM PATRONS.

UH, I BELIEVE WE DID 100 PEOPLE SCREAMING.

AND THAT WILL NOT BE LOUDER THAN THE AMBIENT NOISE THAT WE MEASURED IN THE NEIGHBORHOODS IN THE SPECIFICALLY THE RESIDENTIAL AREAS SOUTH OF THE PROPERTY, WHICH WOULD BE MOST LIKELY TO BE IMPACT IF THERE WERE VERY LOUD ACTIVITY ON THE ROOF.

UM, WHAT WE ARE PROPOSING FOR THE ROOF ARE, UH, THE AV DESIGNER IS IN THE PROCESS OF DESIGNING SMALL SATELLITE SPEAKERS THAT WILL BE MOUNTED AT AROUND EIGHT FEET, CLOSE TO PATRONS ON THE ROOF, AND THEN A SMALL WOOFER, WHICH WOULD BE MOUNTED UNDER THE SEATS.

UM, AND AS DEBBIE WAS MENTIONING BEFORE, I'M NOT SURE I WOULD EVEN CALL THIS A SUBWOOFER, EITHER THE SIX AND A HALF INCH DRIVER CAN GO UP AT EIGHT FEET WITH THE SATELLITE SPEAKER OR IT CAN GO DOWN BELOW.

UH, IN TERMS OF SOUND EGRESS, IT ACTUALLY WORKS BETTER TO HAVE IT BELOW.

SO THAT'S SOMETHING THAT WE WOULD LIKE TO ACTUALLY SEE MORE OF.

AND WE CAN MANAGE THAT WITH THE DIGITAL SOUND PROCESSOR TO LIMIT THE AMOUNT OF SOUND AND HAVE IT BE MORE EFFECTIVE ON THE ROOF AND WHILE ALSO OBTAINING LESS SOUND EGRESS.

SO THOSE, UH, THE LAST SLIDE ARE THE PRELIMINARY SOUND LEVEL LIMITS THAT WE'RE IMAGINING OR THAT WE MODELED.

UH, YOU KNOW, SITE CONDITIONS COULD VARY BY PLUS OR MINUS THREE DECIBELS, BUT, UM, DURING COMMISSIONING, THAT WOULD BE MEASURED ON SITE AND THEN MEASURED IN THE NEIGHBORHOOD SO THAT THERE IS NO IMPACT.

AND THEN THE LIMITERS WOULD BE SET.

NEXT SLIDE.

SO HERE IS THE RESULTS FROM THE ENVIRONMENTAL ACOUSTIC MODEL WITH THE, UH, MUSIC NOISE AND THE RECEIVER LOCATIONS, WHICH THE RED ARROW IS POINTING TO

[01:40:01]

ARE ALL 10 DB BELOW THE AMBIENT NOISE LEVEL, MORE THAN 10 DB BELOW.

UM, AND THIS WE ANTICIPATE BASED ON OTHER SIMILAR PROPERTIES THAT WE'RE NOT GOING TO HAVE AUDIBLE MUSIC AT 100 FEET.

NEXT SLIDE.

THIS IS THE PATRON NOISE MODEL RESULTS.

HERE WE HAVE 90 PATRONS TALKING AT A NORMAL SOUND LEVEL.

SO THEY'RE OKAY.

OKAY.

SO THIS, THIS IS USING THE LOUD LEVEL ACCORDING TO ON C3 0.5.

SO THIS IS AN, AN UNLIKELY SOUND LEVEL TO BE ACHIEVED BY PATRONS ON THE ROOF.

THERE WOULD HAVE TO BE A SOCCER GAME GOING ON AND EVERYBODY CHEERING AFTER A SCORE OR SOMETHING.

NORMAL CONVERSATION DOES NOT GET THIS LOUD.

SO WITH EVERYONE YELLING AT THE SAME TIME, WE ARE NOT BREACHING THE AMBIENT SOUND LEVELS IN THE SURROUNDING AREA.

BUT WHAT IF TRAVIS AND TAYLOR SHOW UP? WHAT DOES TRAVIS VISITS, SORRY, GO AHEAD.

THAT WOULD BE TROUBLE.

WELL THEN PEOPLE SHOULD PROBABLY KEEP IT DOWN BECAUSE THEY WOULD BE DINING AND, SORRY, GO AHEAD.

THAT WOULDN'T BE SO NICE TO BE SCREAMING AT THEM.

SO IN A HIGHLY UNUSUAL EVENT, IT IS POSSIBLE THAT YOU COULD HEAR PATRON SOUND BEYOND 100 FEET.

I WOULD SAY IT IS EXTREMELY UNLIKELY.

I'M BEING VERY SCIENTIFIC RIGHT NOW.

UM, IN NORMAL PACE WITH DINING PATRONS UP THERE, IT'S GOING TO BE EVEN QUIETER THAN THE MUSIC LEVEL.

SO THE MUSIC IS MORE LIKELY TO DISTURB THE NEIGHBORHOOD THAN THIS IN PRACTICE.

OKAY, THANK YOU ANDY.

ANYTHING ELSE? NO, WE'RE GOOD.

ALRIGHT, WE'RE JUST GONNA WRAP IT UP, MR. CHAIRMAN.

JUST A COUPLE MORE MINUTES.

UM, NEXT SLIDE.

SO I'M JUST GONNA SHOW YOU A SERIES OF RENDERINGS OF THE ROOFTOP.

THIS IS LOOKING SOUTH.

NEXT SLIDE.

JUST POINT THIS OUT SO THERE'S NO AMBIGUITY.

IT LOOKS LIKE YOU'RE LOOKING ALL THE WAY THROUGH, BUT IN FACT THOSE, THOSE ARE MIRRORS.

AND SO IT'S REFLECTING THE LANDSCAPING THAT'S TO THE NORTH OF IT.

UH, NEXT SLIDE.

AGAIN, JUST LOOKING SOUTH, THE OPPOSITE SIDE OF THE ROOFTOP DINING AREA.

NEXT SLIDE.

JUST LOOKING AT THESE BEST, ANOTHER SHOT.

NEXT SLIDE.

I'VE BEEN TO ALL THEIR RECIPES ARE GREAT AND WE, WE APPROACHED THE LINCOLN ROAD BID.

WE MADE A PRESENTATION OF THEM AND WE ARE VERY HAPPY TO SAY WE HAVE THEIR SUPPORT.

THEY'RE VERY MUCH EXCITED ABOUT ANOTHER HIGH QUALITY RESTAURANT COMING TO THE ROAD.

NEXT SLIDE.

AND THAT'S IT.

UM, ONE, WHAT I LIKE, UH, MR. CHAIRMAN, IF MIKE FROM NOBLE THREE, THREE COULD JUST GIVE YOU ALL A COUPLE OF MINUTES.

UH, YEAH, FOR WHAT IT'S WORTH, I'VE BEEN TO A LOT OF YOUR RESTAURANTS, THEY'RE FANTASTIC AND WELL RUN.

THANK YOU.

THANK YOU.

UH, GOOD MORNING.

JUST CAN'T GET INTO THEM, BUT GO AHEAD.

THANK YOU.

THANK YOU.

BY THE WAY, TAYLOR AND PATRICK AND TRAVIS PROBABLY WILL SHOW UP.

WE'LL JUST BAN THEM FROM THE ROOFTOP .

UM, MY NAME'S MIKE TANA, CO-FOUNDER, UH, AND CEO OF NOBLE.

33.

OUR GROUP BUILDS HIGH-END RESTAURANTS TO PAIR THOUGHTFUL DESIGN WITH GREAT CULINARY AND BEVERAGE PROGRAMS. OUR OTHER BRANDS INCLUDE TOCA MADERA, WHICH IS OUR FLAGSHIP MEXICAN STEAKHOUSE, SPARROW ITALIA, WHICH LAUNCHED IN LONDON, BUT WE BROUGHT TO WYNWOOD, THAT'S OUR ITALIAN STEAKHOUSE.

UH, CASA MADERA THAT YOU SAW.

A SLIDE THAT'S OUR MINE.

RIVIERA CONCEPT HAS INDOOR OUTDOOR DINING IN 1587, PRIME 15 FOR PATRICK, 87 FOR TRAVIS.

UH, WE BROUGHT THEM IN AS PARTNERS ON OUR NEW AMERICAN STEAKHOUSE.

UH, AND TAYLOR DID VISIT FOR THE OPENING AND THE, UH, THE TASTING.

SHE'S, SHE'S BEEN PRETTY ACTIVELY INVOLVED.

UH, WITH MEDUSA, WE'RE BRINGING THAT SAME STANDARD, UH, TO SOUTH BEACH.

UH, IT'S A PLACE WHERE LOCALS CAN COME IN AND, AND DINE WITH THEIR FAMILIES AND FRIENDS, BUT ALSO VISITORS WILL SEEK OUT.

UM, IT'S, IT WAS INSPIRED BY TASH AND MA'S TRAVEL TO THE MEDITERRANEAN.

WE GO TO EUROPE ALL THE TIME AND WE LOVE MEDITERRANEAN FOOD.

SO IT PULLS FROM ALL THE DIFFERENT COUNTRIES AND, AND REGIONS OF THE MEDITERRANEAN.

AND IT'S GONNA BE VERY HIGH END.

WE'RE EXCITED ABOUT IT.

I MOVED TO SOUTH BEACH, UH, TWO YEARS AGO AND I'VE BEEN WAITING FOR THIS RESTAURANT TO OPEN.

SO WE WANNA BRING THAT TO, TO THE COMMUNITY AND HOPEFULLY TO ALL OF YOU.

COOL.

THANKS.

THAT'S ALL.

MR. CHAIRMAN, WE'RE ALL AVAILABLE FOR YOUR QUESTIONS.

YEAH.

WELL, LET'S OPEN IT TO PUBLIC COMMENT.

WHAT DID I TELL YOU? JUST IDENTIFY YOURSELF AND YOUR AFFILIATION.

GO AHEAD SIR.

SURE.

THANK YOU.

UH, MY NAME'S ADAM SCHOFF.

I LIVE AT FIVE 20

[01:45:01]

16TH STREET, ONE BLOCK AWAY FROM THE PROPOSED RESTAURANT.

UM, I'M CONCERNED ABOUT THE ROOFTOP SOUND.

THERE HAVE BEEN PROBLEMS WITH ROOFTOP, UH, MUSIC AND ROOFTOP NOISE AT OTHER LOCATIONS.

UH, WHEN THERE ARE PROBLEMS, WE CAN HEAR ANY NUMBER OF RESTAURANTS ON MIAMI BEACH, UH, I'M SORRY, ON LINCOLN ROAD.

UH, I'M CONCERNED ABOUT IF THERE CAN BE ANY RESTRICTIONS, UH, ON THE NOISE OR ANY TEMPORARY RESTRICTIONS PUT ON, OR ANY POSSIBILITY FOR REVIEWING IN CASE THERE ARE ISSUES.

ALSO, ONE OF THE ISSUES WE HAVE WITH NOISE FROM LINCOLN ROAD IS WHEN THE RESTAURANTS CLOSE, UM, THEY'LL SOMETIMES TURN THE MUSIC LOUDER SO THAT, UH, IT WILL BE A NICE ENVIRONMENT FOR THE PEOPLE CLEANING UP AND SO FORTH.

SO I'D LIKE TO REQUEST THAT THE MUSIC BE TURNED OFF AT CLOSING TIME.

AND ALSO I'M CONCERNED ABOUT THE HOURS.

TWO, TWO O'CLOCK IN THE MORNING ON WEEKDAYS SEEMS, UH, EXTREME.

UH, AND I'M NOT SURE THAT IT'S APPROPRIATE TO GIVE AN EXTENSION FOR THIS RESTAURANT.

THANK YOU.

THANK YOU.

ANYBODY ELSE IN CHAMBERS? ANYBODY ON ZOOM? YES.

ON ZOOM WE HAVE JOHAN MOORE.

YES.

GOOD MORNING AGAIN.

UM, I CAN ONLY ECHO, UH, THE IMMEDIATE NEIGHBOR'S CONCERNS.

UH, THANK YOU TO ADAM, UH, AS A, A LONG INVOLVED MEMBER OF THE NEIGHBORHOOD AND NEIGHBORHOOD ASSOCIATION FOR THOSE.

BUT I WILL SAY, UH, I'LL MAKE SOME POSITIVE COMMENTS ABOUT THIS.

I THINK THE NEIGHBORHOOD REALLY APPRECIATES, UH, EVEN THOUGH, UH, THERE ARE CONCERNS ABOUT THE NOISE, UH, THE SOUND STUDY THAT YOU DID, UH, IT IT GIVES US A BASIS, UH, FOR ON WHICH TO DISCUSS, UH, POTENTIAL ISSUES.

UM, I WOULD ASK THAT, UH, THE DEVELOPER AND THE THE REST REMAIN EXTREMELY, UH, SENSITIVE TO THAT.

BUT NOT JUST FROM THE POINT OF VIEW OF DECIBELS, BUT ALSO FROM THE POINT OF VIEW OF THE IMPACT OF ANY BASE, UH, THAT COULD POSSIBLY BE TRANSMITTED FROM INSIDE, UH, THE INTERIOR, UNLIKE THE PREVIOUS PROJECT, UH, THIS PROJECT IS CONTEXTUALLY APPROPRIATE IN TERMS OF ITS HEIGHT.

AND, UH, WHILE THAT MAY NOT HAVE BEEN POSSIBLE, I DON'T KNOW, UH, WE CERTAINLY APPRECIATE THAT, THAT THERE, THAT THE PROPOSAL DOES NOT INCLUDE 20 STORIES OF SOME SORT OF RESIDENTIAL, UH, ABOVE IT.

UM, UNLIKE, UH, SOME OTHER PROJECTS, UM, SOUND MITIGATION REALLY IS, I THINK, KEY IN THIS CASE.

AND WE WOULD ASK THAT YOU REMAIN VERY COGNIZANT OF THAT AND THAT THIS BOARD, UH, IF APPROPRIATE IMPOSED CONDITIONS.

THANK YOU.

THANK YOU.

ANYBODY ELSE ON ZOOM? OKAY.

UH, CLOSE THE PUBLIC HEARING.

I'M JUST GONNA TELL YOU, I, AS I MENTIONED BEFORE, I'VE BEEN TO A LOT OF THEIR ESTABLISHMENTS, ESPECIALLY SPARROW, AND THEY'RE REALLY, REALLY WELL RUN AND THEIR ENTERTAINMENT IS FANTASTIC.

AND THEY'RE, UH, VERY AWARE OF NEIGHBORHOOD NOISE BECAUSE EVERY TIME I GO THERE'S A DOORMAN THAT MAKES ME GO BACK INSIDE UNTIL MY CAR'S THERE.

SO I JUST WANT TO COMMEND YOU REALLY, IT, IT'S, UH, I THINK YOU BEEN A GREAT ADDITION TO WYNWOOD AND I WELCOME IT TO MIAMI BEACH.

WOULD THAT QUESTIONS KEITH, SCOTT, JOHN? NO.

ANYBODY HAVE ANY QUESTIONS OR SOMEONE WANT TO MOVE IT? I DO.

OKAY.

JONATHAN.

UM, SO DOESN'T, WON'T THE, THE CUP EXPIRE IF IT'S NOT, IF YOU GUYS DON'T OPEN LIKE WITH, I MEAN IT'S NOT THE CONSTRUCTION.

HAS IT STARTED? Y WELL, THE WAY IT WOULD WORK, WE HAVE A YEAR AND A HALF TO OBTAIN A FULL BILLING PERMIT AND WE CAN EXTEND THAT BY A YEAR.

OKAY.

BUT WHAT YOU ARE THINKING ABOUT IS ONCE IT'S IN OPERATION, IF IT STOPS FOR A PERIOD OF TIME THAT EXCEEDS SIX MONTHS, THEN YOU'RE OUTTA LUCK.

OKAY.

ALRIGHT.

I WASN'T SURE IF IT WAS FROM THE ISSUANCE.

OKAY.

SO, UM, IS IS THERE ANYTHING, I MEAN, IS THERE A WAY I THINK, I MEAN THE, THE RESIDENTS CONCERNS ARE, YOU KNOW, WELL, WELL FOUNDED, I GUESS.

UH, IS IT, CAN WE DO A SOUND STUDY PRI ONCE IT'S BUILT AND WE HAVE THE PROPERTY THERE AND, AND THE, THE ENGINEERS CAN ACTUALLY GO UP THERE AND DO A SOUND STUDY? 'CAUSE I THINK THAT'S THE BETTER WAY OF PROTECTING THE RESIDENTS TO MAKE SURE IT'S REALLY NOT AUDIBLE TO THE RESIDENTS.

IS THAT PART OF I THINK DEBBIE DRAFTED IT LIKE THAT? YEAH, I THINK IT'S, THAT IS PART OF IT.

YEAH.

CORRECT.

UM, AND THEN, UM, GIVEN THAT THERE'S NO ENTERTAINMENT ON THE ROOF, ARE THEY GONNA, IS IT, IS THEY ALLOWED TO HAVE SPECIAL EVENTS WITH ENTERTAINMENT, WITH SPECIAL, WITH A PERMIT? USUALLY YOU COULD HAVE A SPECIAL EVENT WITH ENTERTAINMENT.

OKAY.

IS THERE A LIMIT? IS THERE A NUMBER PER YEAR? MAYBE STAFF KNOW THAT THEY'RE ALLOWED? 'CAUSE I WOULD, I WOULD MAYBE LIMIT THAT.

'CAUSE I MEAN, THE CODE IS CONFUSING WHEN IT COMES TO THE NUMBER OF SPECIAL EVENTS AS YOU HAVE A CERTAIN NUMBER OF SPECIAL EVENTS

[01:50:01]

AS A PRIVATE PROPERTY OWNER, AND THEN YOU CAN PIGGYBACK ON THE CITY SPECIAL EVENTS THAT COULD BE CLOSER TO 20.

BUT I DON'T THINK WE NEED 20 AT ALL.

WELL, THAT'S WHAT I'M SAYING, LET'S COME UP WITH IT BECAUSE THEN THAT CAN JUST BE 20 NIGHTS, YOU KNOW, IN A ROW.

I MEAN, I KNOW YOU WON'T DO THAT, BUT, BUT TO LIMIT THE NUMBER OF SPECIAL EVENTS WITH ENTERTAINMENT, I DON'T MIND SPECIAL EVENTS, BUT WITH LIKE EXTRA PEOPLE OR WHATEVER, BUT IT'S THE ENTERTAINMENT NOISE, I THINK 12 WOULD BE THE MAXIMUM WE WOULD EVER POSSIBLY DO.

OKAY.

SO, UM, WE CAN AGREE TO THAT LIMITATION.

THAT'S A GOOD QUESTION.

IS, IS SPECIAL EVENTS, CAN THEY, WITH ENTERTAINMENT ON THE ROOFTOP, IT COULD TILL TWO IN THE MORNING WITH MUSIC IN THEORY, LIKE A BAND IN THEORY, I DON'T THINK THAT WOULD HAPPEN HERE.

I I MEAN IT JUST BLOWS EVERYTHING YOU JUST PRESENTED IN YOUR SOUND.

TRUE.

WELL, WITH A SPECIAL EVENT YOU CAN HAVE ENTERTAINMENT, BUT YOU CAN'T VIOLATE THE NOISE REGULATIONS.

SO IT'S LIKE A YEAH, I MEAN, YOU'RE ALMOST GUARANTEED IF YOU HAVE LIVE MUSIC.

YEAH, WELL WHAT I'M SAYING IS LIKE, YES, IT SEEMS LIKE IT'S BEING PERMISSIVE, BUT AT 11:00 PM THE NOISE REGULATION KICKS IN THAT SAYS NOISE CANNOT BE PLAINLY AUDIBLE, AUDIBLE WITH A HUNDRED FEET OF YOUR PROPERTY.

CORRECT.

AND A HUNDRED FEET IS BASICALLY TWO APARTMENT BUILDINGS SOUTH FROM US ON DEB, THE, THE SPECIAL EVENT FIRM, THEY STILL HAVE TO BE APPROVED BY THE CITY, RIGHT? CORRECT.

AND THEY CAN BE CONDITIONED AND THE NEIGHBORHOOD.

YES.

OKAY.

OKAY.

YEAH.

THANK YOU.

WE WELL, I MEAN, I WAS PART JUST WANTED TO, THAT THE NEIGHBOR NEIGHBORS DIDN'T, YOU KNOW, HAVE ANY PART IN THIS PROCESS AND THEY'RE SORT OF JUST STAMPED.

IT WAS LIKE A RUBBER STAMP APPROVAL THAT THAT WAS GOOD.

BUT I, I THINK IT'S, YOU KNOW, 12 EVENT, THEY'RE, THEY'RE LIMITING IT TO 12 AND I THINK THAT'S FAIR.

UM, AND THEN YOU'RE, I ASSUME YOU'RE GOOD WITH THE MUSIC OFF AT CLOSING? YEAH.

OKAY.

UM, NO MUSIC AFTER THEY CLOSE.

YEAH.

AND I GUESS THIS, THIS CAME UP I THOUGHT WITH, UH, THE ANDREAS RESTAURANT WHERE THE MUSIC WAS PLAINLY AUDIBLE OUTSIDE THE DOORS AND THE VESTIBULE, AND THAT WAS PART OF LIKE ONE OF THEIR FIRST, I SAY PACKAGE OF VIOLATIONS MM-HMM .

UH, WHICH THEY'VE ALL CURED, SO IT'S GOOD FOR THEM.

BUT, UM, BUT I, I JUST WANNA MAKE, AND I KNOW YOU'RE GONNA HAVE THE DOUBLE VESTIBULE, BUT IS THAT PART OF THIS THAT YOU CAN'T HEAR? YOU SHOULDN'T BE ABLE TO HEAR ANY MUSIC OUTSIDE OF THE DE DEBBIE? I DON'T WANNA STEAL HER THUNDER.

SHE CAME UP WITH A VERY GOOD CONDITION THAT WE AGREED TO.

GO AHEAD, DEBBIE.

RIGHT? THAT, THAT NO SOUND FROM ANYWHERE ON THE EXTERIOR OF THE PROPERTY COULD BE PLAINLY AUDIBLE.

AND, AND WE HAVE A CONDITION NOT ONLY THAT, THAT'S A REQUIREMENT OF THE CUP, BUT THAT WE, UM, PRIOR TO ISSUING THE CU THAT WE ACTUALLY GO OUT AND TEST THEIR SOUND SYSTEM TO CONFIRM THAT.

OKAY.

UM, PLUS I THINK, I THINK WITH, UM, WITH THAT OTHER RESTAURANT, THEY MISINTERPRETED THEIR CUP.

REMEMBER THEY DIDN'T UNDERSTAND IT.

YEAH.

YEAH.

BUT, UM, IN SPITE OF MY BEST EFFORTS, I'M NOT THEY DID, I'M NOT BLAMING THEM, I'M JUST SAYING.

I'M JUST, I REMEMBERED IT, BUT I SEE IT HERE IN THE LAST SENTENCE, THAT'S WHY.

YEAH.

ALL RIGHT.

THANK YOU.

ALL RIGHT.

ANYBODY ELSE? SO WANNA MOVE IT SO MOVED WITH THOSE, UH, CONDITIONS, LIMITATIONS AND NEW CONDITIONS? SECOND.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

OPPOSED? AND THEN, OH, WAIT, WAIT, WAIT.

OPPOSED WITH OUR SUBWOOFER MODIFICATION.

OH, WELL, LET'S, WELL'S IS CITY.

IS THE CITY OKAY WITH LIKE, WHAT IS STAFF? YEAH, I JUST WANTED TO CLARIFY.

I'M OKAY WITH THEIR SOUND, UM, CONDITION.

CONSIDERING THE OTHER CONDITIONS WE HAVE, I BELIEVE ARE SAFEGUARDING, UM, ANY SOUND, UH, SPILLAGE.

BUT THE, I WANTED A CLARIFICATION.

DID THE SPECIAL, THE LIMITATION ON SPECIAL EVENTS WITH ENTERTAINMENT GET INTO YOUR MOTION? YEAH, I AGREE.

OKAY.

SO THAT WAS A LIMIT OF 12 PER CALENDAR YEAR SPECIAL EVENTS WITH ENTERTAINMENT.

CORRECT? YEAH.

OKAY.

AND I HAVE NO OBJECTION TO THE, THE ADDITIONAL MODIFICATION TO THE SOUND.

CAN, CAN WE ADD, UH, THE NEW IDEA OF HAVING THAT, THAT YOU SHALL, THAT THE RESTAURANT, THE OPERATORS WILL PROVIDE A POINT OF CONTACT AND A PHONE NUMBER TO NEARBY RESIDENTS? YES.

THAT COULD BE A CONDITION FIGURED THAT WOULDN'T BE A PROBLEM FOR YOU GUYS, BUT OF COURSE JUST GIVE MIKE'S NUMBER.

.

ALL RIGHT.

SO WITH THAT ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSE? OKAY, GREAT.

GOOD LUCK.

WELCOME.

THANK YOU ALL VERY MUCH.

APPRECIATE YOUR TIME.

THANKS FOR THE PRESENTATION.

OKAY.

WE

[7. PB25-0798, Side Yard Open Space Requirements in Single-Family Districts.]

ARE ON TO CODE AMENDMENTS PLANNING BOARD FILED 25 0 7 9 8 SIDE YARD OPEN SPACE REQUIREMENTS IN SINGLE FAMILY DISTRICTS.

OKAY, THANK YOU.

THIS IS AN ORDINANCE OF THE MAYOR AND CITY A JB SEVEN.

SORRY, GO AHEAD.

MAYOR AND CITY COMMISSION OF THE CITY OF

[01:55:01]

MIAMI BEACH, FLORIDA AMENDING THE CODE OF THE CITY OF MIAMI BEACH SUBPART B ENTITLED MIAMI BEACH RESILIENCY CODE BY AMENDING CHAPTER SEVEN ENTITLED ZONING DISTRICTS AND REGULATIONS.

ARTICLE TWO ENTITLED DISTRICT REGULATIONS SECTION 7.2 0.2 ENTITLED RS ONE RS TWO RS THREE RS FOUR SINGLE FAMILY RESIDENTIAL DISTRICTS BY MODIFYING THE TWO STORY HOUSE STANDARD SPECIFIC TO OPEN SPACE REQUIREMENTS FOR SIDE ELEVATIONS OF SINGLE FAMILY HOMES.

UM, SO THIS IS A SOMEWHAT OF A, A CLARIFICATION ORDINANCE.

UM, THE CURRENT REGULATIONS FOR SINGLE FAMILY HOMES REQUIRE THAT ANY TWO STORY ELEVATION ALONG THE SIDE OF THE PROPERTY THAT E EXCEEDS 60 FEET IN LENGTH BE BROKEN UP BASICALLY BY PROVIDING ADDITIONAL KIND OF SETBACKS OR NOTCHES, UM, TO A CERTAIN PERCENTAGE.

THAT'S TO PROTECT THE NEIGHBORS, THE LIGHT AND AIR NOT HAVING A, A RUN ON SENTENCE SOLID WALL THAT IT CREATES THAT, UH, ADVERSE IMPACT ON THE NEIGHBORS.

UM, WE'VE CLARIFIED A LOT OF THE LANGUAGE IN THE, IN THE ORDINANCE SUBSTANTIVELY, WE ARE RECOMMENDING THAT WE MODIFY THE LANGUAGE TO ALLOW, UM, MULTIPLE PORTIONS OF THAT ELEVATION TO COUNT TOWARD THAT ADDITIONAL OPEN SPACE.

CURRENTLY THEY HAVE TO PROVIDE ONE AREA THAT'S AT LEAST EIGHT FEET IN DEPTH, UM, ALONG THAT ELEVATION THAT, THAT MEETS THE ADDITIONAL OPEN SPACE.

WE'RE RECOMMENDING IT BE MODIFIED SO THAT ALONG THAT ELEVATION IN MULTIPLE AREAS, THEY CAN PROVIDE, UM, THOSE OPEN SPACE AS LONG AS THE AGGREGATE EQUALS THE MINIMUM.

UM, SO IT'S A RELATIVELY SIMPLE ORDINANCE.

WE DO BELIEVE THIS WILL, UM, STREAMLINE KIND OF THE REVIEW PROCESS AS WELL BECAUSE WE'VE CLARIFIED SOME OF THE LANGUAGE, UM, IN TERMS OF HOW IT'S MEASURED, WHAT CAN BE IN THIS OPEN SPACE.

FOR EXAMPLE, IT WAS NOT CLEAR PREVIOUSLY IF WATER FEATURES WERE ELIGIBLE TO BE IN THIS OPEN SPACE OR IF MECHANICAL EQUIPMENT COULD BE IN SOME OF THESE LOCATIONS.

SO WE'VE CLARIFIED THAT AND ARE RECOMMENDING THE PLANNING BOARD TRANSMIT THIS WITH A FAVORABLE RECOMMENDATION.

OKAY.

ANYBODY IN CHAMBERS TO SPEAK ON THIS? NO.

ANYONE ON ZOOM? NO ONE ON ZOOM? NOT SURPRISING.

OKAY.

, QUICK QUESTION.

SURE.

SO JUST, JUST TO CLARIFY, THIS WAS ALREADY IN THE CODE, BUT THIS IS JUST, I GUESS WHAT REITERATING OR IT'S CLARIFYING AND UM, BASICALLY REVISING IT TO BE A LITTLE BIT MORE FLEXIBLE FOR ARCHITECTS TO PROVIDE THIS OPEN SPACE IN MULTIPLE LOCATIONS ALONG THE SIDE.

BUT YES, THE, THE CURRENT REGULATION IS ALREADY, UM, WITHIN OUR REGULATIONS FOR SINGLE AND THIS IS APPLICABLE TO TO SINGLE FAMILY ONLY.

THIS IS MAKING IT LESS ONEROUS.

'CAUSE NOW THERE'S SOME FLEXIBILITY TO THE DESIGN TEAM.

CORRECT.

OKAY.

ALRIGHT.

MOTION? YEP.

MOVE IT FAVORABLY.

MOTION TO APPROVE.

SECOND.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

FAVORABLE RECOMMENDATION.

NEXT IS PLANNING BOARD

[8. PB25-0799, Bicycle Ride Share Station Incentives]

FILED 25 0 7 9 9 BICYCLE RIDE SHARE STATION INCENTIVES.

UH, THIS IS AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AMENDING THE CITY OF MIAMI BEACH CODE SUBPART B ENTITLED MIAMI BEACH RESILIENCY CODE BY AMENDING CHAPTER ONE ENTITLED GENERAL PROVISIONS ARTICLE TWO ENTITLED DEFINITIONS SECTION 1.2 0.1 ENTITLED GENERAL DEFINITIONS BY CREATING A DEFINITION FOR A BICYCLE RIDES SHARE STATION BY AMENDING CHAPTER FIVE, ENTITLED OFF STREET PARKING.

ARTICLE TWO ENTITLED VEHICLE PARKING, BICYCLE PARKING, AND OFF STREET LOADING REQUIREMENTS SECTION 5.2 14 ENTITLED ALTERNATE PARKING INCENTIVES BY MODIFYING THE ALTERNATE PARKING INCENTIVES TO INCLUDE A PROVISION FOR A BICYCLE RIDE SHARE STATION BY AMENDING CHAPTER SEVEN ENTITLED ZONING DISTRICTS AND REGULATIONS.

ARTICLE ONE ENTITLED GENERAL TO ALL ZONING DISTRICTS, SECTION 7.1 POINT 11 ENTITLED RESIDENTIAL USE INCENTIVES, UH, TO INCLUDE A PROVISION FOR REQUIRING BICYCLE RIDE SHARE STATIONS, UH, BY AMENDING ARTICLE FIVE ENTITLED SUPPLEMENTARY DISTRICT REGULATIONS SECTION THREE ENTITLED SUPPLEMENTARY YARD REGULATIONS BY AMENDING THE ALLOWABLE SETBACK ENCROACHMENTS TO INCLUDE BICYCLE RIDESHARE STATIONS.

SO BASICALLY THIS ORDINANCE DOES A FEW THINGS.

NUMBER ONE, WE, UH, CREATE A DEFINITION OF WHAT A BICYCLE RIDESHARE STATION IS.

UM, AND THAT WOULD BE, UH, A DESIGNATED LOCATION FEATURING DOCKS RACKS OR SIMILAR DEVICES WHERE BICYCLES ARE SECURED WHEN NOT IN USE AND WHICH IS PART OF A NETWORK OF STATIONS ALLOWING USERS TO PICK UP AND RETURN BICYCLES FROM ONE STATION TO ANOTHER FOR SHORT TERM USE.

SO WHAT THIS, UM, CHANGES IN TERMS OF THE OFF STREET PARKING REQUIREMENTS IS

[02:00:01]

THAT WE CURRENTLY HAVE ALTERNATE PARKING STRATEGIES THAT CAN BE USED TO REDUCE YOUR VEHICULAR PARKING REQUIREMENT.

THINGS LIKE BIKE RACKS, SCOOTERS.

THIS WOULD ACTUALLY ALLOW SOMEONE ON PRIVATE PROPERTY TO INTRODUCE ONE OF THESE RIDESHARE STATIONS WITHIN THEIR PRIVATE PROPERTY THAT WOULD ALSO BE ABLE TO REDUCE THEIR VEHICULAR PARKING REQUIREMENT.

THIS ALSO, UM, BUT THEN WHO ACTUALLY EFFECTUATES THAT? SO THE, BECAUSE IT HAS TO BE PART OF A NETWORK.

I THINK THAT'S WHERE IT GETS A LITTLE BIT TRICKY FOR A PRIVATE PROPERTY OWNER.

UM, BUT THEY COULD, UM, YOU KNOW, WORK WITH THE EXISTING, UH, NETWORK, UH, CITY BIKE OR, I'M NOT SURE IF THERE'S OTHER COMPANIES OUT THERE.

I I WAS GONNA SAY, DO WE HAVE AN EXCLUSIVE VENDOR RELATIONSHIP ON THAT, THE BEACH FOR THE PUBLIC PORTIONS OF THE PROPERTIES? WE DO.

UM, THIS WOULD BE APPLICABLE, THIS PROVISION TO REDUCE YOUR VEHICULAR PARKING REQUIREMENT WOULD BE FOR, TO PUT THIS ON YOUR PRIVATE PROPERTY.

RIGHT.

BUT IT, BUT WOULD IT HAVE TO BE WITH THE WHATEVER VENDOR WE CURRENTLY WORK? NO, IT WOULDN'T, IT COULD BE WITH, THERE'S SOME OTHER SERVICE THAT, UM, THAT, THAT EXISTS THAT, YOU KNOW, A PARTICULAR BUILDING SET UP, UH, FOR ITS RESIDENTS, FOR EXAMPLE, THE BUILDING COULD PARTICIPATE IN THAT SERVICE, DOESN'T HAVE TO BE THE CITY'S PROVIDER.

OKAY.

I JUST DIDN'T KNOW IF THAT WOULD BE CHAOTIC.

BUT YEAH, IF YOU HAVE TOO MANY DIFFERENT, I MEAN, IMAGINE THERE COULD BE, UM, A, A RESIDENTIAL BUILDING THAT CONTRACTS WITH A SPECIFIC COMPANY TO DO BICYCLE SHARING FOR ITS RESIDENTS WHERE, YOU KNOW, THEY HAVE TO BE RETURNED TO THE ONE LOCATION.

I THINK THIS IS YEAH, I WAS JUST GONNA SAY, 'CAUSE IF THEY'RE DIFFERENT VENDORS, THEN THEY COULDN'T BE RETURNED TO DIFFERENT LOCATIONS.

RIGHT.

THEY'D HAVE TO BE STUCK WITH THEIR ONLY, WELL, EVEN IF THEY, EVEN IF EVEN IF A PRIVATE PROPERTY OWNER USES THE SAME COMPANY THAT THE CITY HAS A RELATIONSHIP WITH, UM, THEY WOULD NEED TO WORK THAT OUT WITH THE CITY'S VENDOR TO, TO ALLOW, UM, YOU KNOW, BIKES FROM THE PRIVATE PROPERTY TO BE RIGHT.

RETURNED TO, UM, THE RIGHT.

BUT I'M JUST SAYING IF IT'S THE SAME COMPANY, THE SAME BIKES, THAT PROBABLY WON'T BE AN ISSUE.

I JUST FIND IT, YOU KNOW, ODD THAT IF THEY HAVE THEIR OWN PRIVATE VENDOR, THEN THEY'D HAVE ONE STATION AND THAT WOULD BE IT.

RIGHT, RIGHT.

YEAH.

THE, THE MOTIVATION BEHIND THIS AMENDMENT IS TO JUST HAVE MORE OF THESE STATIONS.

IS IS THAT THE REASON WHY WE'RE INTRODUCING THE PRIVATE PROPERTIES AS PART OF THE, UH, I, I THINK THE IDEA IS THAT TO THE EXTENT PROPERTIES OFFER MICRO MOBILITY, THE UNDERSTANDING IS THAT IT, IT GIVES THEIR RESIDENTS OR, YOU KNOW, OR PATRONS A CHANCE TO REDUCE THEIR NEED FOR SPOTS.

OKAY.

YEAH.

THE, YEAH, THE INTENT IS CLEAR.

CORRECT.

AND IT'S A GOOD, LET'S GET CARS OFF THE STREET BECAUSE WE'RE OFFERING SOME OTHER TYPE OF OPTIONS.

HOW, HOW, WHAT IS, IS THE UTILIZATION OF CITI BIKE BEEN VERY GOOD? YEAH.

YES.

YEAH.

I MEAN, I KNOW JAKE TAKES IT ALMOST EVERY DAY AND THERE ARE, THERE ARE TIMES WHERE THERE AREN'T BIKES AVAILABLE.

RIGHT.

OKAY.

SO I THINK, YOU KNOW, THIS WOULD NOT ONLY EXPAND POTENTIALLY THE AMOUNT OF, OF BIKES AVAILABLE, IT ALSO GETS THEM OFF OF THE RIGHT OF WAY, WHICH I THINK COULD BE HELPFUL, UM, FOR OUR, YOU KNOW, WE HAVE SOME AREAS THAT ARE VERY CONGESTED, UM, IN TERMS OF SIDEWALK WIDTH AND THINGS LIKE THAT, SO, ALL RIGHT.

AND YOU ALL DON'T SEE ANY, IT WOULD BE VOLUNTARY FOR, OBVIOUSLY FOR PROPERTY, PRIVATE PROPERTY, YEAH.

BUT YOU DON'T SEE ANY LOGISTICAL ISSUES WITH, WITH HAVING DIFFERENT PRIVATE RIDE SHARE COMPANIES.

BUT, BUT SORRY, TO YOUR POINT, THIS ISN'T OPEN TO THE, THIS IS JUST FOR PROJECT, THIS IS JUST PRIVATE USE.

THIS HAS NOTHING TO DO WITH THE CITY, RIGHT.

KIND OF RIDE SHARING OPTIONS.

CORRECT.

IT WOULD CORRECT THIS, BUT IT WOULD HAVE, WOULD, THIS WOULD JUST BE KIND OF THE INSULAR NETWORK OF WHATEVER THIS PROJECT IS TRYING TO DO.

SO I DON'T THINK YOU, YOU DEAL WITH THE CONFUSION THAT YOU'RE TALKING ABOUT.

WELL, NO, WHAT I'M SAYING IS THEY WOULD, IF THEY TOOK ADVANTAGE OF THE INCENTIVE, THEY WOULD HAVE A RIDE SHARE WITHIN THEIR PROPERTY.

RIGHT.

SO IT'S NOT COMPETING WITH CITY BIKE? NO, NOT ABOUT COMPETITION.

I'M SAYING LOGISTICS.

MM-HMM .

LIKE YOU, YOU WOULDN'T BE ABLE TO TAKE THAT BIKE AND GO SOMEWHERE AND DROP IT OFF AT ANOTHER LOCATION BECAUSE THEY ONLY HAVE ONE LOCATION.

RIGHT.

SO I THINK WHAT IS IS THAT, YOU KNOW, YOU WANT TO GO TO, I THINK, BUT I DO THINK THE INTENT WAS THAT YOU COULD RIGHT ON PRIVATE PROPERTY HAVE, I MEAN, REALISTICALLY, UH, IT'S PROBABLY GOING TO BE AN EXISTING VENDOR.

THAT'S WHAT I WOULD THINK.

WE, WE CAN'T MANDATE THAT.

I, I GET IT.

BUT SOMEONE COULD, FOR EXAMPLE, CONTRACT WITH CITI BIKE TO, TO OPERATE THIS.

CORRECT.

AND IT WOULD BE ON PRIVATE PROPERTY, BUT IT WOULD BE USED IN THE SAME MANNER.

CORRECT.

BECAUSE IT WOULDN'T BE PART OF THEIR NETWORK.

CORRECT.

I GOT IT.

OKAY.

YOU CAN'T MANDATE IT, BUT I'M ASSUMING THAT WOULD ANY PROPERTY OWNER WOULD WANT TO USE AN EXISTING VENDOR THAT'S BEEN HERE AND DONE THAT.

RIGHT.

OKAY.

ALRIGHT.

MOTION TO APPROVE.

WELL, ANYONE HERE, COULD I ASK ANYONE? YOU'RE NOT HERE FOR THIS, ARE YOU? IS THERE ANYONE ON ZOOM? I SEE NO ONE ON ZOOM.

OKAY.

I JUST WANNA UNDERSTAND THIS IS ONLY APPLICABLE FOR NEW PROJECTS, RIGHT? I MEAN, YOU, THIS HAS NOTHING TO DO WITH AN EXISTING CONDO OR COMMERCIAL PROPERTY TO

[02:05:01]

REDUCE THEIR REQUIREMENTS.

CORRECT.

OKAY.

AND, AND I DON'T THINK IT'S MANDATED.

IF THEY WANT THE INCENTIVE AND IF THEY WANT IT, IT'S, SO THEY LIKE THIS GENTLEMAN BUILDING.

HE COULD, IF THIS PASSED AND HE HAD A, THAT NEW BUILDING AND HE PUT THAT HE, IT WOULD REDUCE HIS REQUIREMENT FOR PARKING, CORRECT? MM-HMM .

OKAY.

WE, WE'VE DONE THIS IN, IN DIFFERENT CITIES.

THAT MAKES SENSE.

YEAH.

AND IT'S NEW YORK.

THEY'VE ACTUALLY PROVIDED ADDITIONAL HEIGHT FOR IT.

UHHUH, .

UH, BUT THIS ISN'T, THIS IS AN EASY ONE HERE.

ALRIGHT, YOU MOVED IT SHIELD THEN GONNA GET A SECOND.

SECOND.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

PASSES UNANIMOUSLY.

[9. PB25-0805, Temporary Conditional Use Regulations in Commercial Districts ]

AND THE LAST CODE AMENDMENT PLANNING BOARD FILED 25 0 8 0 5 TEMPORARY CONDITIONAL USE REGULATIONS IN COMMERCIAL DISTRICTS.

OKAY.

THIS IS AN ORDINANCE AMENDING, UH, CODE OF THE, OF MIAMI BEACH SUBPART B ENTITLED MIAMI BEACH RESILIENCY CODE BY AMENDING CHAPTER TWO ENTITLED ADMINISTRATION AND REVIEW PROCEDURES.

ARTICLE FIVE ENTITLED REZONINGS AND DEVELOPMENT APPROVALS SECTION 2.52 ENTITLED CONDITIONAL USE BY CREATING AN EXCEPTIONS PROVISION FOR CONDITIONAL USE REGULATIONS AND DESIGNATED COMMERCIAL DISTRICTS.

UM, THIS, UH, PARTICULAR, UH, ITEM WAS, UM, REQUESTED BY COMMISSIONER FERNANDEZ.

IT WAS DISCUSSED AT THE, UH, LAND USE COMMITTEE, UM, AND REFERRED TO THE, UM, PLANNING BOARD.

THE LAND USE COMMITTEE DID RECOMMEND, UH, FAVORABLY.

SO WHAT THIS WOULD DO IS CREATE A, A WINDOW, UM, WHEREBY CERTAIN, CERTAIN, UH, BUSINESSES THAT WOULD QUALIFY FOR A NEIGHBORHOOD IMPACT ESTABLISHMENT COULD BE APPROVED ADMINISTRATIVELY.

SO THEY WOULD NOT REQUIRE A CONDITIONAL USE PERMIT TO BE REVIEWED BY THIS, THIS PLANNING BOARD, THE AREAS ARE LIMITED TO WASHINGTON AVENUE BETWEEN FIFTH STREET AND LINCOLN ROAD, LINCOLN ROAD, BETWEEN COLLINS AVENUE AND ALTON ROAD, COLLINS AVENUE BETWEEN 65TH AND 75TH STREET, 71ST STREET, OR NORMANDY DRIVE BETWEEN COLLINS AVENUE AND RU NOTRE DAME.

IT WOULD BE FOR A LIMITED TIME.

SO ANY POTENTIAL BUSINESS WOULD BE REQUIRED TO EITHER OBTAIN A BUILDING PERMIT OR A, UH, A CERTIFICATE OF USE NO LATER THAN DECEMBER 31ST, 2026.

SO ABOUT A YEAR FROM NOW.

UM, IT'S IMPORTANT TO NOTE THAT ENTERTAINMENT WOULD NOT BE PERMITTED AS PART OF THIS, THIS ADMINISTRATIVE REVIEW PROCESS.

UM, SO ENTERTAINMENT WOULD NOT BE PART OF ANY TYPE OF ADMINISTRATIVE, UH, CUP PROCESS.

UM, THE INTENT BEHIND IT WAS REALLY TO TRY AND CUT SOME OF THE PROCESS FOR BUSINESSES IN VERY SPECIFIC COMMERCIAL QUARTERS, COMMERCIAL QUARTERS, OR RACINE, SEEING A LOT OF VACANCIES, UM, AND REALLY TRYING TO ENCOURAGE REACTIVATION, UM, OF, OF THESE STOREFRONTS.

UM, STAFF IS SUPPORTIVE OF THIS AND IS RECOMMENDING THAT THE PLANNING BOARD TRANSMIT WITH A FAVORABLE RECOMMENDATION.

OKAY, THANK YOU.

ARE YOU HERE FOR THIS? OKAY.

ANYONE ON ZOOM? YES.

WE HAVE KHR.

HELLO, THIS IS KENT ROBBINS.

HOW ARE YOU DOING TODAY? CAN YOU HEAR ME? YEP.

HOW YOU DOING, KENT? HI.

UM, AS YOU ALL KNOW, I'M A LAND USE ATTORNEY AND I HAVE HAD A LOT OF ACTIVITY IN MIAMI BEACH.

UM, THE CONCERN I HAVE, AND I JUST WANNA MAKE CERTAIN IT'S CRYSTAL CLEAR IN THE ACTUAL ORDINANCE THAT THE GRANTING OF A TEMPORARY CONDITIONAL USE PERMIT DOES NOT PROVIDE ANY VESTED RIGHTS TO THE RECIPIENTS OF THOSE PERMITS.

THE REASON WHY I'M CONCERNED ABOUT THAT IS IN THE PAST, AND IT IS BEEN LITIGATED BY THE CITY, THE CITY HAS BEEN, ENDS UP BECOMING STUCK WITH CERTAIN PERMITS THAT HAVE BEEN APPROVED, WHERE THOSE ACTIVITIES ARE NO LONGER COMPATIBLE WITH THE BUILT OUT ENVIRONMENT.

BUT THE COURTS HAVE DETERMINED THAT THOSE PERMITS ARE VESTED.

SO GIVEN THAT THIS IS GONNA BE A, UH, INTENDED TO BE ONLY TEMPORARY, IT, I THINK THAT THE LANGUAGE IN THE ACTUAL ORDINANCE HAS TO BE ACTUALLY STATE THAT THERE PUTTING THE RECIPIENTS ON NOTICE THAT THERE ARE NO VESTED RIGHTS CREATED BY THIS PERMIT OTHER THAN FOR, AND ANY, ANY RIGHTS THAT ARE CREATED ARE CLEARLY, UH, SUNSET.

AND WITHOUT SPECIFICALLY ADDRESSING THE VESTED RIGHTS, THERE MAY BE A WAIVER BY THE

[02:10:01]

CITY AS TO, UM, THE ENFORCEABILITY OF THE SUNSET PROVISIONS WITH RESPECT TO WHAT MIGHT BE PERCEIVED AS VESTED RIGHTS.

SO I'M JUST ASKING THAT THERE BE ONE SENTENCE INCLUDED IN THE EVENTUAL LEGISLATION THAT MAKES, THAT SPECIFIES THAT THERE ARE NO VESTED RIGHTS CREATED BY THIS CONDITIONAL USE PERMIT.

AND IF THERE IS ANY DETERMINATION THAT THERE IS ANY RIGHTS, THOSE RIGHTS ARE SUNSETTED AS IT'S PRESENTLY WORDED.

THAT IS NOT CRYSTAL CLEAR.

THANK YOU.

SO I GUESS FOR NICK, YEAH, I CAN RESPOND TO THAT.

OKAY, MR. CHAIRMAN.

SO, UM, WHAT IS, WHAT IS TEMPORARY IN THIS ORDINANCE IS THE ONE YEAR WINDOW TO COME IN FOR AND FOR AN APPLICANT TO SUBMIT, UH, UH, AN APPLICATION, UM, FOR, FOR APPROVAL.

THE APPROVAL ITSELF IS NOT TEMPORARY.

THIS WOULD BE, UM, THIS WOULD BE AN APPROVAL LIKE ANY OTHER.

UM, WHAT IS UNIQUE ABOUT THIS ORDINANCE, AND, AND AGAIN, THIS ORDINANCE IS INTENDED TO STIMULATE ECONOMIC ACTIVITY ALONG THE, THE, YOU KNOW, THE, THE FOUR IDENTIFIED, UM, CORRIDORS.

SO WHAT'S UNIQUE ABOUT THIS IS THAT UPON A, A VIOLATION OF CERTAIN ORDINANCES OF THE CODE, INCLUDING A VIOLATION OF THIS ORDINANCE, THAT THE USE WOULD BE SUBJECT TO REVOCATION BY THE CITY MANAGER.

UM, AND THEN IF ULTIMATELY THE USE WERE REVOKED BY THE CITY MANAGER, THEN THE APPLICANT, THE APPLICANT'S, UM, ALTERNATIVE WOULD BE TO EITHER APPEAL THE REVOCATION OR SUBMIT AN APPLICATION FOR CONDITIONAL USE APPROVAL INCOME BEFORE THIS BOARD, LIKE EVERY OTHER APPLICANT, UH, FOR AN NIE WOULD, WOULD HAVE TO DO NOW.

SO THE CITY MANAGER WOULD HAVE THAT DISCRETION, JUST THE CITY MANAGER? CORRECT.

AND THEN THAT, THAT DECISION WOULD BE REVIEWABLE BY, BY THE, BY THE BOARD OF ADJUSTMENT.

OR ALTERNATIVELY, IF YOU, IF YOU GET, YOU KNOW, IF YOU GET A VIOLATION OF THIS ORDINANCE AND YOU'RE REQUIRED TO SHUT DOWN YOUR NIE USE, YOU COULD SUBMIT A CONDITIONAL USE PERMIT APPLICATION.

LIKE, YOU KNOW, AGAIN, LIKE THE APPLICATIONS WE'VE SEEN TODAY.

BUT IF, IF THE CITY MANAGER WERE TO REVOKE THE COP, THAT HAPPENS WITHIN WHAT TYPE OF TIMEFRAME? WELL, IT WOULDN'T BE A, SO WHAT THIS ORDINANCE DOES IS IT RELAXES THE CONDITIONAL USE PERMIT REQUIREMENT FOR THAT ONE YEAR PERIOD.

MM-HMM .

AGAIN TO TRY TO STIMULATE ECONOMIC ACTIVITY ALONG THESE FOUR CORRIDORS.

UM, SO, SO IT, YOU KNOW, IT'S IF YOU, YOU KNOW, IF YOU TAKE ADVANTAGE OF THIS INCENTIVE, BUT THEN YOU VIOLATE, YOU'RE ADJUDICATED TO HAVE VIOLATED, UM, ONE OF THE IDENTIFIED ORDINANCES IN THE CODE, IN THE ORDINANCE, UM, YOU WOULD BE REQUIRED TO SHUT DOWN.

AND THE, AND THE ORDINANCES ARE, UM, THE SPECIAL EVENTS ORDINANCE, THE NOISE ORDINANCE, UM, OR THE, THE REQUIREMENTS OF THIS SECTION.

AND HOW DO THEY TAKE ADVANTAGE OF THE INITIATIVE? LIKE WHAT DO THEY HAVE TO DO? THEY WOULD SUBMIT AN APPLICATION, UH, TO THE PLANNING DEPARTMENT, UM, AND THE PLANNING DEPARTMENT WOULD REVIEW IT FOR COMPLIANCE WITH ALL THE RESTRICTIONS IN, IN, IN THIS DRAFT ORDINANCE THAT'S BEFORE YOU AND ANY OTHER, UH, REGULATIONS THAT WOULD APPLY UNDER THE CODE.

WELL, AT THAT TIME WITH THE STAFF, JUST LIKE WHEN A PROJECT AND AN APPLICATION COMES IN FRONT OF US, NOW THEY HAVE A PROPOSED, UM, FINAL ORDER.

I GUESS IT WOULD, THEY WOULD DO THE SAME THING.

THEY WOULD HAVE, OR, OR NO, HOW, OR AT LEAST WORD IT PUT THOSE IN THEIR, THEIR THEIR APPROVAL.

MAYBE IT'S NOT A FINAL ORDER, BUT IT'S SO IN, IN THIS, THE WAY THE ORDINANCE IS DRAFTED, THE APPLICATION AND APPROVAL PROCESS WOULD BE THE SAME AS A BUILDING PERMIT APPLICATION AND PROCESS AND OR A, AN APPLICATION.

IF A BUILDING PERMIT'S NOT REQUIRED A, A, A CERTIFICATE OF USE APPLICATION, WE WOULD, YOU KNOW, STAFF WOULD REVIEW IT AND, AND CREATE CONDITIONS AND OR NOTES THAT THIS IS A NEIGHBORHOOD IMPACT ESTABLISHMENT APPROVED PURSUANT, YOU KNOW, IF THIS IS ADOPTED PURSUANT TO THIS.

UM, BUT THERE WOULDN'T BE, UM, THE SAME LEVEL OF REVIEW.

I MEAN, THE, THE POINT OF THIS IS TO, TO REMOVE THAT.

THAT'S WHAT I'M GETTING AT LEVEL OF REVIEW.

AND I, IT'S, I LIKE THE IDEA OF STREAMLINING THE PROCESS, UM, AND, AND THAT YOU WOULD BASICALLY PROVIDE THE SAME CONDITIONS THAT WOULD BE PART OF THEIR REVIEW.

UM, I JUST, YEAH, I'M JUST A LITTLE LEERY BECAUSE NUMBER ONE, YOU KNOW, I THINK, YOU KNOW, IT WOULD TAKE THE CITY MANAGER QUITE A, I MEAN, IT'S TAKEN THE PLANNING BOARD, I, WHEN I FIRST GOT ON THERE HAD BEEN A LOT OF, THERE WERE A LOT OF PROJECTS THAT KEEP COMING BACK WITH VIOLATION AFTER VIOLATION, AFTER VIOLATION.

MM-HMM .

TOOK US A WHILE TO DO SOMETHING.

I DON'T KNOW IF THE CITY MANAGER WOULD, WOULD

[02:15:01]

ACT THE SAME WAY, OR IF, YOU KNOW, RIGHT.

IF THERE'S A A ONE VIOLATION, I, YOU KNOW, IT HAS TO COME TO PLAN.

YOU'RE, YOU'RE, YOU'RE WE'RE GONNA REVOKE IT.

THE, THE APPROVAL.

SO I, I'M A LITTLE LEERY ABOUT THAT, BUT ALSO, YOU KNOW, THERE ARE SO MANY, I'M THINKING ALONG WASHINGTON AVENUE ON THE WEST SIDE, NEXT TO THE RESIDENTIAL NEIGHBORHOOD, AND SO MANY TIMES THAT APPLICATIONS HAVE COME IN FRONT OF THE PLANNING BOARD.

AND WE'VE TALKED ABOUT NOISE, WE'VE TALKED ABOUT TRAFFIC, PARKING, THINGS LIKE THAT.

AND I JUST, YOU KNOW, A LOT OF TIMES GOOD IDEAS CAME FROM, FROM THE PROJECT BEING HASHED OUT AT THE BOARD, AT THE PLANNING BOARD.

UM, I'M NOT SAYING I DON'T HAVE FAITH AND STAFF, BUT I'M JUST CONCERNED ABOUT SOME OF THOSE PROJECTS.

FOR INSTANCE, YEARS AGO, THE, THE, UM, I FORGET IF IT'S CALLED THE SUPPER CLUB NOW, BUT QUEEN ON SIX AND WASHINGTON MM-HMM .

UNDER THIS ORDINANCE THAT WOULD NOT COME IN FRONT OF THE PLANNING BOARD.

IS THAT CORRECT? THAT'S CORRECT.

AND IF I COULD, IF I COULD JUST MAKE ONE CLARIFICATION TO WHAT I SAID PREVIOUSLY ABOUT THE ENTERTAINMENT COMPONENT OF THIS ADMINISTRATIVE REVIEW PROCESS.

SO LIKE QUEEN, THERE IS ONE EXCEPTION WHERE ENTERTAINMENT COULD BE INCLUDED AS PART OF THE ADMINISTRATIVE NIE.

AND THAT'S IF IT IS, IF, IF THE BUSINESS MEETS THE STRICT DEFINITION THAT WE HAVE FOR RESTAURANTS, SUPPER CLUB, SO THAT'S WITH THE PERCENTAGE OF SALES TO FOOD, ET CETERA.

SO THE INDOOR ENTERTAINMENT, OUTDOOR ENTERTAINMENT IS NOT PART OF THIS, BUT INDOOR ENTERTAINMENT FOR BUSINESSES ONLY THAT SATISFY THE RESTAURANT SUPPER CLUB.

BUT, SO THAT'S CORRECT.

I BELIEVE QUEEN DOES SATISFY THAT RESTAURANT SUPPER CLUB DEFINITION.

MM-HMM .

AND THEY DO HAVE ENTERTAINMENT.

UM, SO SOMETHING, UH, A BUSINESS THAT, THAT IS GOING INTO AN EXISTING BUILDING THAT SAY QUEEN WASN'T THERE AND THEY WANTED TO COME IN, THAT WOULD BE A, AN ADMINISTRATIVE REVIEW UNDER THIS, UM, THIS PROPOSED TEMPORARY, UH, NIE ORDINANCE.

I, I'D SAY, EVEN THOUGH I'M A LITTLE LEERY, I MEAN, I, I I LIKE TO HEAR WHAT EVERYONE ELSE, UH, THINKS.

I MEAN, I'D BE OKAY WITH MAYBE TRYING IT FOR A YEAR OR, OR PASSING THIS, BUT, UM, ONE THING I WOULD WANT TO ADD, IF WE DO PASS THIS, AND I LIKE TO ADD SOMETHING THAT IF THE CITY MANAGER DEEMS IT NECESSARY TO, TO REVOKE THE APPROVAL, I KNOW THEY CAN COME BACK TO US, BUT I WOULD SAY PUT A, A, UM, A ONE YEAR, UM, TIMEFRAME, THEY CAN'T COME BACK AND REAPPLY FOR A YEAR.

IN OTHER WORDS, IF IT GETS TO THAT POINT WHERE THE CITY MANAGER ACTUALLY HAS TO SHUT THEM DOWN, I, I'M ASSUMING IT'S, IT'S REALLY BAD.

THEY CAN'T RE THEY CAN'T COME BACK AND REAPPLY TO THE PLANNING BOARD FOR A CP FOR A YEAR.

CAN YOU DO THAT? AND I, I GET WHAT YOU'RE SAYING.

I, I MEAN MY, MY CONCERN IS THE RESIDENTS DON'T HAVE A VOICE IN THIS.

CORRECT? YEAH.

AND SO THERE'S NO, YOU KNOW, IT CAN GET APPROVED ADMINISTRATIVELY, BUT THE RESIDENTS ARE UP IN ARMS. THEY DON'T WANT, YOU MEAN IN THE APPROVAL PROCESS? DURING THE APPROVAL PROCESS, WHAT WOULD RESULT IN A REVOCATION BY THE MANAGER, I ASSUME WOULD BE, WOULD BE RESIDENT.

YEAH.

BUT THAT'S IN THE FEEDBACK.

THAT'S LIKE MICKEY BEACH.

I MEAN, AT, AT THEY POINT THEY'RE STILL PLAYING VERY LOUD AT POINT.

AT THAT POINT YOU HAVE THE OPERATOR'S, LAWYERS IN HERE SAYING, WE KNOW WE HAVE INVESTMENTS.

YOU KNOW, WE MAY, WE INVESTED A MILLION DOLLARS, WE'RE DOING OUR BEST.

YOU KNOW, WE DON'T WANT TO DETER BUSINESSES FROM COMING HERE.

AND THEN AT THAT POINT, IT'S TOO LATE.

THE BURDEN ENDS UP BEING ON THE RESIDENTS.

AND, AND OBVIOUSLY, YOU KNOW, NOBODY WANTS TO SHUT A PLACE DOWN FOR ONE VIOLATION.

BUT YOU, I, BUT THEN MAYBE I'M CONFUSED THEN, BECAUSE IF I UNDERSTAND THIS CORRECTLY, PLANNING STAFF WILL REVIEW AND APPROVE, RIGHT? YEAH.

AND THEY'RE GOING TO, I'M ASSUMING YOU WILL IMPOSE SOME TYPE OF PROTECTIONS TO THE RESIDENTS, RIGHT? WE WOULD, WE WE COULD, YES.

WE WOULD IMPOSE CONDITIONS LIKE WE CAN WITH ANY PERMIT.

I'M JUST TRYING TO THINK DIFFERENCE IF OUR BOARD DOES IT, BUT OUR BOARD SOLICITS INPUT, WE HAD RESIDENTS CORRECT.

UH, IN A RESTAURANT THAT WE JUST APPROVED ON EIGHT 10, EVEN THOUGH IT'S NOT, IT, ASSUME THAT RESTAURANT IN, IN, UM, THE, UH, OFFICE SOUTH POINT WAS IN THIS ZONE.

CORRECT.

WHAT WOULD HAPPEN TO ALL THOSE PEOPLE THAT UNANIMOUSLY HAD A PROBLEM AND FINALLY THEY GOT RESOLUTION.

UH, LET ME ASK ANOTHER HYPOTHETICAL.

IF THIS RESTAURANT THAT WAS JUST PROPOSED BY THAT GENTLEMAN, UH, AND HE HAS TO BUILD THE BUILDING, DOES THIS INCLUDE ROOFTOP? IF THE BUILDING WAS ALREADY THERE AND IT HAD A ROOFTOP, COULD THEY GET THIS? YES.

AS LONG AS THERE WAS NO ROOFTOP ENTERTAINMENT.

WELL, IT, IT'S, THAT'S HORRIBLE.

I I THE FACT THAT YOU COULD, WE HAVE BEEN TRYING

[02:20:01]

AS A CITY TO REGULATE NOISE OUT OF ROOFTOPS AND TO JUST, BUT, BUT THEY WOULD NOT BE ABLE TO GET IT.

THEY WOULD NOT BE ABLE TO GET THE APPROVAL.

OH, I'M SORRY.

DID YOU SAY IF IT WAS A BUILDING WITH A ROOFTOP, THEY COULD NOT APPLY FOR THIS.

THIS IS NO ROOFTOP ALCOHOLIC BEVERAGE ESTABLISHMENT YEAH.

IS DEFINED AS A NEIGHBORHOOD IMPACT ESTABLISHMENT.

IF IT'S WITHIN 200 FEET OF A, UM, RESIDE, UH, PROPERTY WITH A RESIDENTIAL BUILDING.

SO THIS, THAT COULD BE INCLUDED.

IT COULD BE INCLUDED AS PART OF THIS INCLUDED.

AS LONG AS THERE WAS NO ENTERTAINMENT LEVEL MUSIC.

YEAH.

BUT IT COULD BE SPEAKERS JUST LIKE THIS.

AND THERE IS ABSOLUTELY, SO I CAN'T TELL YOU HOW MANY TIMES I'VE BEEN ON THIS BOARD A LITTLE BIT AND YOU GUYS SAY, YEAH, IT'S OKAY.

AND WE ASK QUESTIONS AND WE HAVE RESIDENTS ASKING QUESTIONS.

YOU ARE TOTALLY BYPASSING THE CONCERN OF SOUND.

AND I FIND THAT TOTALLY UNACCEPTABLE.

I COULD NOT.

SO MAYBE THAT'S SOMETHING TO, TO CONSIDER TO INCLUDE, BECAUSE I THINK, YOU KNOW, THERE'S SOME GOOD INITIATIVE AND THIS TRY TO BYPASS AND JUST PROMOTE SOME BUSINESS, BUT AT THE SAME TIME, NARROW IT DOWN.

WE'RE TRYING TO PROTECT, RIGHT.

SOME OF THE THINGS THAT WE KNOW THAT ARE SO WIDE OPEN ISSUES, NO ISSUES.

TIME.

ONE AT A TIME.

ONE TIME.

RIGHT.

SO I THINK, YOU KNOW, IF WE CAN SORT OF PINPOINT THE STUFF THAT WE KNOW ALWAYS COME UP THAT ARE, ARE MORE SENSITIVE, AND WE CAN TRY TO GET THAT INCLUDED IN THEIR, THAT DOESN'T GET A FAST PASS.

SO I THINK THAT PROTECTS.

SO, AND I'M ASSUMING THERE'S NO PUBLIC INPUT IN THIS PROCEDURE TO, TO ADDRESS CASE CONCERN.

THIS WOULD BE AN ADMINISTRATIVE PROCEDURE, RIGHT? SO IT WOULD BE, YEAH.

APPLICATIONS WOULD BE REVIEWED FOR STRICT COMPLIANCE WITH THE CODE.

UM, BUT IT'S NOT A PUBLIC HEARING.

RIGHT.

SO, SO I MEAN, I I I, I UNDERSTAND THE PURPOSE BEHIND THIS AND, AND I, I, UM, I, I, I COMMEND COMMISSIONER FERNANDEZ COMING UP WITH CREATIVE WAYS OF, OF DOING THESE.

WHAT I WOULD, I THINK WE ALL SORT OF AGREE WITH WANTING TO ENCOURAGE, YOU KNOW, PROPERTIES TO OPEN UP, YOU KNOW, BUSINESSES TO OPEN UP IN THESE SPECIFIC AREAS, I THINK.

BUT I THINK THAT IT NEEDS TO BE MODIFIED WITH SPECIFIC, YOU KNOW, TO ADDRESS OUR SPECIFIC CONCERNS.

AND THERE SHOULD BE CARVE OUTS.

THERE SHOULD BE, YOU KNOW, SOME VERSION OF NOTICE TO THE RESIDENTS THAT THEY'VE APPLIED FOR AN ADMINISTRATIVE, YOU KNOW, PROCE PROCESS.

AND THERE'S A WAY FOR RESIDENTS TO OBJECT OR WHATEVER IT MAY BE.

UM, OR BE AT LEAST HAVE A MEETING WITH THE CITY, YOU KNOW, THE STAFF.

UM, THE OTHER THING, YOU KNOW, THE SUNSET PROVISION, MAYBE IT SHOULD BE A TEMPORARY PERMIT FOR ONLY ONE THAT'S VALID FOR ONLY ONE YEAR INSTEAD OF, YOU KNOW, THIS ORDINANCE, YOU KNOW, UH, EXPIRING IN A YEAR.

MAYBE IT SHOULDN'T APPLY TO SPACES THAT ARE THE SIZE OF QUEEN, FOR EXAMPLE.

YEAH.

SHOULD HAVE A SIZE LIMITATION.

MAYBE SHOULDN'T APPLY TO ESTABLISHMENTS WITH ROOFTOP, UM, YOU KNOW, SEATING.

AND SO I JUST THINK, I THINK THERE ARE WAYS THAT I, THE GOOD THINGS ABOUT THIS, I JUST THINK THAT MAYBE WE SHOULD, YOU KNOW, AND I DEFER EVERYBODY IF WE VOTE IT DOWN OR WHETHER WE CONTINUE IT.

UM, AND MAYBE HAVE STAFF PROVIDE SOME PROPOSALS OF RECOMMENDATIONS TO ADDRESS SORT OF THESE CONCERNS.

AND THEN NEXT, UH, MONTH WE CAN, YOU KNOW, COME UP WITH, UH, YOU KNOW, HAVE THEM SPELLED OUT AS EXCEPTIONS TO THIS FOR WHAT WE WOULD APPROVE.

BUT I DON'T KNOW WHAT EVERYBODY ELSE.

WELL, I THINK THAT'S A GOOD IDEA.

I MEAN, JUST, I THINK THE PERFECT EXAMPLE IS THAT 728 PERSON RESTAURANT THAT WE SAID WAS GOOD, BUT IT WENT THROUGH OUR REVIEW AND IT HAD A ROOFTOP AND THEY COULD APPLY FOR JUST AN ADMINISTRATIVE.

WE, WE CAN'T DO THAT.

THAT'S JUST CUTTING OUT ALL THE RESIDENTS INPUT TO LARGE.

SO THERE, THERE NEEDS TO BE A SIZE, WHETHER THAT'S 200 SEATS OR 150 SEATS OR, AND, AND I AGREE.

YOU KNOW, AND IF LIMITED, SO NO ROOFTOPS THAT THAT KIND OF STUFF MIGHT BE APPLICABLE TO THIS ALREADY SAYS NO OUTDOOR, UM, USE CORRECT ENTERTAINMENT, NO OUTDOOR ENTERTAINMENT.

ENTERTAINMENT, ENTERTAINMENT.

IF YOU COULD HAVE, SO, SO YOU CAN HAVE AN OUTDOOR WITH CONSIDERING THESE SPACES THEN COULDN'T WE SAY? 'CAUSE WE'RE ALSO JUST PROVIDING RECOMMENDATIONS, WHETHER IT'S FAVORABLE OR NOT.

WE COULD SAY, YOU KNOW, MAKE A MOTION TO APPROVE THE FAVORABLE RECOMMENDATION PROVIDED THAT THERE IS NO ROOFTOP USE, THERE IS NO, NO OUT, NO OUTDOOR SPEAKER USE OUTDOOR SPEAKERS.

YEAH.

BECAUSE THEN THE NEIGHBORS NEED IMPORT DETERMINE THE SIZES OF THE, AND THE SIZE IT HAS TO BE UNDER, AND I'M NOT A RESTAURATEUR, BUT BECAUSE AT THE END OF THE DAY, NO LARGER THAN TWO 50 OR 200, I MEAN, YOU DON'T WANT 'EM BIG PLACE.

YEAH.

THE SMALLEST, THE SMALLER BUSINESS ARE THE ONE WHO WOULD BENEFIT THE MOST FROM THIS AND SHOULD ABSOLUTELY.

BECAUSE THE PROCESS, WHEN IT'S LONG, IT'S, IT'S HARDER ON THE SMALL BUSINESSES TRYING TO OPEN UP.

RIGHT.

CARRY.

RIGHT.

BUT IT'S TARGET A SMALL RESTAURANT ALSO, CAN WE S OR SOMETHING WAS SOMETHING LIKE THIS ALREADY DONE FOR THE 41ST STREET CORRIDOR?

[02:25:02]

I'M JUST CURIOUS WHY THEY SELECTED AGAINST, SEEMS LIKE ALL THE MAIN THOROUGH AFFAIRS EXCEPT FOR 41ST.

YEAH.

WHICH IS ALSO PLAGUED BY VACANCY ISSUES.

YEAH.

TO MY KNOWLEDGE, THERE'S, THERE'S NO EXISTING REGULATIONS THAT STREAMLINE 41ST STREET TO BE ABLE TO DO.

SO IF I WERE TO MAKE A MOTION, I COULD ADD IT, ADD THAT AS PART OF THE SCHOOL.

THAT COULD BE A PART OF YOUR RECOMMENDATION.

YOU COULD ADD IT.

YEAH.

YEAH.

SOMETHING ELSE TO CONSIDER, UM, TRANS OR, UH, TRAFFIC PERHAPS, UM, A, A MAXIMUM NUMBER OF EXPECTED, UM, THE EXPECTED NUMBER OF, UH, INCREASE IN TRIPS.

IN OTHER WORDS, IT'S GONNA CAUSE 50 MORE TRIPS.

I, I KNOW WE'RE GETTING VERY SPECIFIC NOW.

WE'RE, BUT, BUT I MEAN, YOU KNOW, TO YOUR, TO YOUR POINT THOUGH, MAYBE WHAT WE COULD DO IS, IS THAT, AND I DON'T KNOW IF THIS REALLY MESSES EVERYTHING UP FROM THE CITY, BUT WE COULD SAY FAVORABLE RECOMMENDATION, MAYBE AFTER A YEAR THEY HAVE TO COME UP WITH A PROGRESS SUPPORT.

AND IF THERE ARE ANY ADVERSE IMPACTS, I DON'T KNOW.

ONE THING I WOULD JUST ADVISE THE BOARD IS, UM, THERE ARE, THERE'S A MAJOR DIFFERENCE BETWEEN A PERMITTED USE, EVEN A PERMITTED USE SUBJECT TO STRICT CONDITIONS.

LIKE WHAT THIS PROPOSES AND A CONDITIONAL USE, UM, THAT IS RE YOU KNOW, IS REQUIRED, UH, FOLLOWING REQUIRED TO HOLD A PUBLIC HEARING AND, UM, AND COME BEFORE THE BOARD AND, AND THE BOARD CAN IMPOSE CONDITIONS.

SO I THINK IF I, IF I COULD GUIDE THE BOARD, I WOULD SAY HUE CLOSER TO THE KINDS OF THINGS THAT COULD BE, UM, ENFORCED ADMINISTRATIVELY IN YOUR RECOMMENDATIONS.

SO MEANING THAT'S THE MUSIC, THE OUTDOOR USE, THINGS LIKE THAT.

SIZE.

SIZE, RIGHT.

RIGHT.

THOSE KINDS OF MEASURABLE.

SO THAT'S WHAT I'M SAYING IS, YOU KNOW, WE'RE NOT IN A POSITION TODAY TO SAY NUMBERS OF PEOPLE PER, YOU KNOW, SQUARE FOOT OR WHATEVER.

SO I GUESS IF WE, IF THE BOARD HAS THE APPETITE TO EXPLORE A WAY OF PASSING THIS, A VERSION OF THIS, THEN WE NEED THE GUIDANCE OF STAFF OF WHAT ARE SOME OF THE THINGS THAT WE WOULD NEED TO DO, LIKE LIMITING THE HOURS, LIMITING, LIKE, AND WHAT ARE THOSE INTO DIFFERENT AREAS? UH, 'CAUSE WE DON'T KNOW OFF THE TOP OF OUR HEAD.

AND THEN, AND SAME THING WITH THE OCCUPANCY, YOU KNOW, NUMBER OF CHAIRS IN THE RESTAURANTS, YOU KNOW, HOW IS THAT WE, YOU GUYS KNOW BEST HOW THAT'S CALCULATED MM-HMM .

BUT AGAIN, THAT'S, I MEAN, IT SEEMS LIKE A LOT OF WORK, UM, YOU KNOW, .

SO IF THE BOARD DOESN'T WANNA DO THIS, THEN I, YOU KNOW, THERE'S NO, I, I DUNNO.

QUICK QUESTION POINT.

AND THE CITY MANAGER'S ON BOARD WITH THIS, EXCUSE ME, JUST CURIOUS.

THAT'S ALL THE, THE ADMINISTRATION IS RECOMMENDING APPROVAL OF THIS.

WE TALK ABOUT STREAMLINING, LIKE WHAT'S, WHAT'S THE DIFFERENCE FOR A BUSINESS WHO'S, WHO'S GONNA BE BYPASSING THE BOARD? LIKE WHAT ARE WE TALKING ABOUT TIME-WISE? WELL, THE, THE CUP PROCESS FOR AN NIE IS, I, I TELL PEOPLE IT'S AT LEAST FOUR MONTHS, RIGHT? SO IT DOES HELP, UM, YOU KNOW, SOMEONE WHO'S MOVING INTO A NEW BUILDING ON WASHINGTON AVENUE OR LINCOLN ROAD, UM, THEY WOULD BE GOING THROUGH A BUILDING PERMIT AND, YOU KNOW, CAN CERTIFICATE OF USE PROCESS, WHICH IS, YOU KNOW, PART OF THE NORMAL PROCESS.

I THINK WHAT HAPPENS WHEN, WHEN AN APPLICANT COMES TO US AND THEY REQUIRE A-A-C-U-P IS THEY START WITH THAT PROCESS.

SO IT, IT FRONT LOADS ABOUT FOUR MONTHS ONTO THEIR TIMELINE.

UM, SO, YOU KNOW, IT'S, IT'S REALLY, AND I UNDERSTAND THIS IS THE BOARD THAT REVIEWS THEM AND, AND IT'S .

I I COMPLETELY UNDERSTAND THAT YOU GUYS DO AN INCREDIBLE JOB.

AND I KNOW THE, THE RESIDENTS OF THIS, OF THIS COMMUNITY REALLY DEPEND ON YOU.

UM, THIS WAS, WAS CRAFTED TO BE VERY LIMITED TO JUMPSTART ECONOMIC ACTIVITY IN THESE VERY CRITICAL CORRIDORS.

I THINK, UM, YOU KNOW, I'VE HEARD SOME REALLY GREAT SUGGESTIONS ABOUT NOTICE NOTICING TO NEIGHBORS.

THERE ARE SOME ADMINISTRATIVE PROCESSES THAT WE CARRY OUT AS THE PLANNING DEPARTMENT THAT WE DO NOTICE THE NEIGHBORS.

UM, I THINK THAT THAT IS INTERESTING.

UM, I THINK MAYBE LOOKING AT THE PROXIMITY OF THESE PARTICULAR, YOU KNOW, EACH CASE BY CASE PROXIMITY TO A RESIDENTIAL BUILDING.

THERE MAY BE SOME THAT HAVE NO RESIDENTIAL BUILDINGS WITHIN 500 FEET OF THEM.

UM, YOU KNOW, THEN, THEN MAYBE, BUT THERE MAY BE SOMEONE WHO'S, YOU KNOW, JUST ACROSS THE ALLEY AS A RESIDENTIAL BUILDING.

SO MAYBE THOSE ARE TREATED DIFFERENTLY.

UM, BUT I, I DO THINK, YOU KNOW, THERE IS SOME, SOME OPPORTUNITY TO MAYBE CREATE MORE SAFEGUARDS IN THE EXISTING ORDINANCE WHILE STILL TRYING TO ACHIEVE, YOU KNOW, THE SAME GOAL OF REALLY JUMP STARTING, UH, THESE TYPES OF BUSINESSES.

WHAT'S THAT? GO AHEAD.

I TRY MM-HMM .

SO I, I'D LIKE

[02:30:01]

TO MAKE A MOTION TO APPROVE WITH A FAVORABLE RECOMMENDATION PROVIDED THAT, UH, THE COMMISSION INCLUDES NO ROOFTOP USE, NO OUTDOOR MUSIC, NO OUTDOOR USE, NO OUTDOOR USE, NO OUTDOOR USE.

AND ALSO THAT THERE BE RESIDENT NOTIFICATION IF AND WHEN AN APPLICANT IS APPROVED.

AND ALSO THAT THE 41ST STREET CORNER IS APPROVED.

NO, NOT WHEN THEY'RE APPROVED.

WHEN THEY'RE APPLIED.

SORRY, ARE YOU SAYING OUTDOOR ROOFTOP OR OUTDOOR SEATING AT ALL? BECAUSE OUTDOOR, BUT THEN HERE, HERE'S THE QUESTION THOUGH.

IF THE PUBLIC'S NOTIFIED, WHAT IS THAT GONNA DO? SO WHAT, WHAT I WAS GONNA ADD TO THAT IS YOU COULD DO SOMETHING LIKE PUBLIC NOTICE.

YOU KNOW, NOTICE SHALL BE GIVEN TO THE NEARBY NEIGHBORHOOD OR WHATEVER.

AND WITHIN, YOU KNOW, THE 30 DAY PERIOD, IF A RESIDENT, UH, OBJECTS TO THE ADMINISTRATIVE PROCESS, THEN JUST ONE, ONE.

WELL, THERE NEEDS TO BE SOME, RIGHT? WHAT, WHAT HAPPENS WHEN THEY GET THE NOTICE? YEAH.

HAPPENS? WHAT ARE THEIR, WHAT ARE THEIR OPTIONS? IF THEY OBJECT, THEN THEY CAN KICK IT TO A, THE, YOU KNOW, I I, I HATE TO GIVE ONE RESIDENT LIKE THE ABILITY TO, TO, WELL, WHY CAN'T THEY JUST PARTIC LIKE WHY COULDN'T THE RE THE RESIDENTS SEND YOU EMAILS AND JUST PARTICIPATE IN THE PROCESS? A RESIDENT CAN ALWAYS DO THAT.

RIGHT? SO THIS, THIS WOULD, A RESIDENT CAN ALWAYS DO THAT.

SO IF, IF NOTICE IF THEY'RE NOTICED, IF THEY'RE NOTICED, WOULD THEY BE NOTICED UNDER THIS PROCEDURE? THE BOARD IS CONSIDERING AMENDING THE RIGHT ORDINANCE TO REQUIRE NOTICE.

SO, YEAH.

CORRECT.

AND IT WOULD, IT WOULD FUNCTION VERY SIMILARLY TO THE UNDERSTORY PROCESS WHERE THE UNDERSTORY HOLMES ARE NOW APPROVED ADMINISTRATIVELY.

THAT'S CORRECT.

AND THERE'S, YOU KNOW, SOME TYPE OF NOTICE TO THE NEARBY RESIDENTS AND THEY CAN AT LEAST MEET WITH THE CITY TO SEE WHAT'S GOING ON, HOW IT'S GONNA HAPPEN.

YES, YES.

SO I WOULD, I WOULD VOTE FOR INCLUDING THAT TYPE OF NOTIFICATION UPON APPLICATION.

WHAT ABOUT, UM, HOURS OF OPERATION? I MEAN, I THINK THAT THAT'S MADE THERE BY CODE.

WHAT'S THAT? THAT'S STANDARDIZED.

I MEAN, WE GOTTA RELY ON YOU ALL TO SOME EXTENT.

I, I ALSO, I MEAN, I HAVE CONCERNS ABOUT THE LINCOLN ROAD BETWEEN COLLINS AND ALTON.

I MEAN, THAT'S A BIG STRETCH OF BIG SPACES.

MM-HMM .

AND EVERY TIME WE HAVE ONE OF THOSE APPLICATIONS, THERE'S NEIGHBORS THAT ARE PRESENT AND THERE'S THINGS WE CHANGE FROM STAFF'S RECOMMENDATION.

I I, I, FRANKLY, I'M NOT AS FAMILIAR WITH THE, UM, YOU KNOW, AND WASHINGTON AVENUE, I, BETWEEN FIFTH AND LINCOLN ROAD, BUT I'M NOT AS FAMILIAR WITH THE COLLINS AVENUE AND THE 71ST STREET, UM, AREA.

BUT I JUST KNOW HOW MANY APPLICATIONS WE SEE FROM LINCOLN ROAD AS THEY'RE, YOU KNOW, UM, I, I DON'T KNOW.

I I JUST SAY THAT I, I, YOU KNOW, AT THIS POINT, I MEAN, I, I LIKE SOME OF THE IDEAS.

I COULD SEE MYSELF VOTING FOR THIS, BUT I'D LIKE TO HASH OUT A LITTLE BIT MORE.

MAYBE STAFF CAN COME BACK WITH, WITH SOME OF THESE, YOU KNOW, SPELL OUT SOME OF THESE, UM, OR, OR, OR PUT SOME OF THESE IDEAS IN WRITING SO WE CAN KIND OF SEE 'EM ALL TOGETHER.

ONE THING THAT I WOULD SAY, I, THE ONLY WAY I'D VOTE FOR IT, UM, IS IF THAT IDEA THAT IF THE CITY MANAGER DOES REVOKE ONE OF THESE APPROVALS THAT THEY CANNOT REAPPLY FOR A YEAR WITHOUT THAT, I, I WOULDN'T VOTE FOR IT.

UM, SO, UM, YOU KNOW, LET'S LEAVE IT TO STAFF TO COME BACK WITH A LITTLE BIT MORE.

UM, SO YOU WANT TO CONTINUE IT FROM I WOULD, I WOULD VOTE TO CONTINUE IT.

I MEAN, IS THERE ANY URGENCY TO THIS ONE? NOT THAT I'M AWARE OF.

OKAY.

UM, ANY PROBLEM WITH IT'S NOT COMING TO FIRST RATING? YEAH.

BECAUSE I DON'T, YEAH, THE FIRST RATING WOULDN'T OCCUR UNTIL DECEMBER AT THE EARLIEST.

ANY PROBLEM WITH US MOVING INTO NOVEMBER AND YOU GUYS COMING BACK? NO.

I MEAN, YOU HEAR THE CONCERNS AND MAYBE THERE'S SOME GUARDRAILS THAT COULD BE CONTEMPLATED BY STAFF AND I, I HAVE NO PROBLEM WITH THAT AT ALL.

YEAH, I THINK THAT'S A GOOD IDEA.

ROOFTOPS, OUTSIDE MOVING SIZING, MAXIMUMS, THAT KIND OF STUFF.

TAKE A LOOK AT THOSE PRINTS.

SO I'D MOVE TO CONTINUE IT TO NOVEMBER 2ND.

I SECOND.

OKAY.

ALL IN OF THAT.

ANYONE OPPOSED? OKAY.

MOVE THAT TO NOVEMBER, NOVEMBER 4TH AND WE'RE

[FUTURE MEETING DATE REMINDER: November 4, 2025]

ADJOURNED.

AND AGAIN, DEBBIE, JAKE, GREAT TO HAVE YOU.

THANK YOU SO MUCH.

THANK YOU FOR YOUR, YOU OF COURSE.

ALWAYS.

NO, NO, I WAS A LITTLE WHERE'S.