[00:00:02]
OKAY.WELCOME TO THE LAST PLANNING BOARD MEETING OF THE YEAR DECEMBER NINE MEETING.
UM, IT'S A PRETTY QUICK AGENDA, SO IT SHOULDN'T BE TOO LONG.
[1. November 4, 2025 meeting ]
WITH A, HOPEFULLY A MOTION FROM ONE OF MY PANEL MEMBERS TO APPROVE THE NOVEMBER FOUR MEETING MINUTES.[CITY ATTORNEY UPDATES]
AND I'LL TURN IT OVER TO, UH, THE CITY OF PERSONAL PERSONAL PRIVILEGE.GOOD MORNING, MR. CHAIRMAN AND MEMBERS OF THE BOARD.
TODAY'S MEETING OF THE PLANNING BOARD WILL BE CONDUCTED IN A HYBRID FORMAT WITH THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL AND APPLICANT STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM TO PARTICIPATE VIRTUALLY IN TODAY'S MEETING, THE PUBLIC MAY DIAL 1-877-853-FIVE 2 5 7 AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7, OR LOG INTO THE ZOOM APP AND INTO THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7.
IF YOU'RE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE.
IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER BEFORE YOU SPEAK TO THE BOARD.
YOU DON'T HAVE TO REGISTER AS A LOBBYIST IF YOU'RE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY, OR IF YOU'RE TESTIFYING AS AN EXPERT WITNESS PROVIDING ONLY SCIENTIFIC, TECHNICAL, OR OTHER SPECIALIZED INFORMATION OR TESTIMONY IN THIS PUBLIC MEETING, OR IF YOU'RE APPEARING AS A REPRESENTATIVE OF A NEIGHBORHOOD ASSOCIATION WITHOUT ANY COMPENSATION OR REIMBURSEMENT FOR YOUR APPEARANCE TO EXPRESS SUPPORT OF OR OPPOSITION TO ANY ITEMS. 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 AR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.
LASTLY, I'D LIKE TO SWEAR IN ANY MEMBERS OF THE PUBLIC OR STAFF WHO WILL BE TESTIFYING TODAY.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH.
OKAY, WE'RE GONNA START WITH REQUEST
[2. PB24-0731. Lincoln Road West Residential Use Incentives – LDR Amendments]
[3. PB25-0737 Lincoln Road West Residential Use Incentives - Comprehensive Plan Amendment.]
FOR CONTINUANCES OF WITHDRAWALS.THE FIRST IS PLANNING BOARD FILE 24 0 7 3 1 AND COMPANION, UH, PLAN PLANNING BOARD FILE 25 0 7 3 7 LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES.
UH, BOTH OF THESE APPLICATIONS, UH, THE SPONSOR IS ACTUALLY REQUESTING THAT THEY BE CONTINUED TO THE FEBRUARY 3RD MEETING, FEBRUARY THAT HAS NO OBJECTION TO THE FEBRUARY MEETING.
IS THERE ANYONE IN CHAMBERS TO SPEAK ON THIS MOTION? ANYBODY ON ZOOM? OKAY.
ANY QUESTIONS OR SOMEONE WANNA MOVE IT? MOTION TO APPROVE? I'LL SECOND TO CONTINUE.
OKAY, SO MOTION TO CONTINUE FOR HIL.
ALL IN FAVOR? ALL OPPOSED? OKAY.
IS THAT FOR, DO YOU NEED A SEPARATE VOTE OR CAN WE DO BOTH OF THEM TOGETHER FOR THE CONTINUANCE? THEY CAN BOTH BE ONE, ONE VOTE.
ALRIGHT, SO THEY'RE BOTH MOVED TO FEBRUARY? YES.
[4. PB25-0739. Lincoln Road East Residential Use Incentives – LDR Amendments]
[5. PB25-0738. Lincoln Road East Residential Use Incentives - Comprehensive Plan Amendment]
25 0 7 3 9 AND OH 7 3 8 LINCOLN ROAD EAST RESIDENTIAL USE INCENTIVES.I'M ASSUMING THE SAME REQUEST.
ANYBODY ON THIS ITEM SPEAK? ANYONE ON ZOOM? NO.
AND THERE'S ALSO MR. CHAIR, A COMPANION ITEM TO THIS ONE, WHICH IS PLANNING BOARD 25 0 7 3 8.
SO WANNA MOVE IT? MOTION TO CONTINUE? I'LL SECOND IT.
IT ALL IN FAVOR? ANYONE OPPOSED? OKAY, SO THEY'RE ALL GOING TO FEBRUARY, CORRECT? CORRECT.
[6. PB25-0779 a.k.a. PB17-0108 a.k.a. PB 2032, 1545 Collins Avenue – Modification of CUP Royal Palm Hotel]
CONTINUED APPLICATIONS PLANNING BOARD FILE 27 0 7 7 9 14 15 45 COLLINS AVENUE, MODIFICATION OF THE ROYAL PALM CUP.UM, THIS IS AN APPLICATION THAT HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY ISSUED CONDITIONAL USE PERMIT, UH, TO OPERATE AN AGGREGATE OF USES AS A NEIGHBORHOOD IMPACT ESTABLISHMENT.
SPECIFICALLY THE APPLICANT IS REQUESTING APPROVAL FOR THE RECONFIGURATION OF THE PREVIOUSLY APPROVED VENUES, THE INTRODUCTION OF AMBIENT LEVEL OUTDOOR ENTERTAINMENT, AND A SECOND FLOOR ROOFTOP ALCOHOLIC BEVERAGE ESTABLISHMENT THAT'S LOCATED WITHIN 200 FEET OF A PROPERTY CONTAINING A RESIDENTIAL UNIT.
UM, THE ORIGINAL CUP FOR THIS PROPERTY WAS GRANTED, UM, IN SEPTEMBER OF 2011.
UM, IT HAD BEEN, IT HAS BEEN MODIFIED OVER THE YEARS.
UM, WITH THE LAST MODIFICATION OCCURRING IN, UH, 2019, THE EXISTING MODIFIED CUP, AGAIN, THIS IS THE 2019 VERSION, UM, CONTAINS THREE DIFFERENT VENUES, A DESTINATION RESTAURANT, A LOBBY BAR, AND A THREE MEAL
[00:05:01]
RESTAURANT.UM, THE CURRENT PROPOSAL FOR THE DESTINATION RESTAURANT IS TO DECREASE THE OCCUPANCY IN THIS LOCATION, UM, BY 164 PEOPLE, UM, AND REMOVE THE EXISTING DANCE FLOOR.
SO THIS IS THE, UM, VENUE THAT'S FRONTING ONTO COLLINS AVENUE, UM, IN THE HISTORIC PORTION OF THE PROPERTY.
UM, I THINK IT IT BE BE BLOS WAS THERE.
I'M NOT SURE IF IT'S STILL THE TENANT, BUT, UM, THAT'S WHERE THAT DESTINATION IS.
UM, THE LOBBY BAR, THE PROPOSAL CURRENTLY IS TO INCREASE THE OCCUPANCY BY 52 PEOPLE.
THIS IS PRIMARILY DUE TO A 2024 APPROVAL BY THE CITY'S HISTORIC PRESERVATION BOARD FOR THE RECONFIGURATION OF THIS AREA, WHICH ACTUALLY EXPANDS THE, THE SEATING, UH, CAPACITY FOR THIS LOBBY BAR AREA.
THEY'RE ALSO PROPOSING WITHIN THE LOBBY BAR, UM, TO INTRODUCE THE OUTDOOR ENTERTAINMENT AS AN AMBIENT LEVEL OUTDOOR ENTERTAINMENT.
SO THOSE ARE THE TWO CHANGES FOR THAT LOBBY BAR PORTION.
UM, IN THE THREE MEAL RESTAURANT, THERE ARE NO CHANGES TO THE OPERATIONS OR ENTERTAINMENT.
THEY ARE PROPOSING A MINIMAL INCREASE OF SIX PEOPLE.
UM, AGAIN, THAT'S VERY DI MINIMIS AND STAFF HAS NO, UH, OBJECTION TO THAT.
THERE ARE TWO OTHER AREAS, UM, THAT ARE THE SUBJECT OF THIS CURRENT REQUEST.
THE CURRENT POOL DECK, UM, WHICH IS CURRENTLY PERMITTED TO HAVE AMBIENT LEVEL ENTERTAINMENT BETWEEN THE HOURS OF 11:30 AM AND 11:00 PM UM, SUNDAY THROUGH THURSDAY AND 11:30 AM TO 12 MIDNIGHT FRIDAY AND SATURDAY.
THE POOL DECK, WHICH IS AT THE GROUND LEVEL, IS ONLY FOR HOTEL GUESTS.
SO THIS AREA FOR THAT, THEY'RE ALLOWED TO HAVE LIMITED ENTERTAINMENT IS NOT OPEN TO THE PUBLIC.
THIS WOULD JUST BE FOR, UH, WEDDINGS OR, UH, SOMETHING SOMEONE, IF A GUEST AT THE HOTEL WAS HAVING SOME TYPE OF EVENT THERE, UM, THEY WOULD BE PERMITTED TO HAVE, UH, ENTERTAINMENT.
THE OTHER AREA, WHICH IS, WHICH IS IN ADDITION TO THE PREVIOUSLY ISSUED CUP IS THE SECOND LEVEL FLEXIBLE SPACE AND ROOF TERRACE.
THE ROOF TERRACE, WHICH IS THE OUTDOOR PORTION OF THE SECOND LEVEL, WAS ORIGINALLY APPROVED AS A POOL DECK.
UM, THEY'RE NOW CONVERTING, THEY'RE REMOVING THE POOL FROM THAT.
UM, THAT'S PART OF THE 2024 HPV APPROVAL AND CONVERTING IT TO A ROOF TERRACE.
THEY WOULD NOW LIKE TO USE THIS AREA CONNECTED TO THE INSIDE, UH, FLEXIBLE SPACE AS A HOTEL ONLY FUNCTION SPACE.
AGAIN, THIS WOULD BE NOT OPEN TO THE PUBLIC JUST FOR HOTEL GUESTS AND, AND SPONSORED EVENTS BY, UH, THE HOTEL NOT OPEN TO THE PUBLIC WITHIN THE SAME HOURS OF OPERATION OF THE FOUR 11.
SO WELL THE, THE SAME HOUR, THE HOURS OF OPERATION ARE NOT PROPOSED TO CHANGE.
SO IN THE SECOND LEVEL ROOF TERRACE, THEY WOULD CLOSE BY 11 SUNDAY THROUGH THURSDAY AND 12:00 AM FRIDAY THROUGH SATURDAY.
NOW THE AMBIENT LEVEL OUTDOOR ENTERTAINMENT THROUGHOUT THE PROPERTY IS A MAXIMUM OF 10:00 PM BEFORE IT WOULD CEASE.
SO THE SPACE COULD FUNCTION UNTIL 11 OR 12:00 AM RESPECTIVELY.
BUT THE OUTDOOR ENTERTAINMENT PORTION, WHICH AGAIN IS BEING REQUESTED FOR AMBIENT LEVEL ENTERTAINMENT ONLY, UM, WOULD CEASE AT 10:00 PM UH, BOTH AT THE, THE, UM, LOWER LEVEL LOBBY BAR AS WELL AS THAT SECOND LEVEL TERRACE.
UM, SO THAT IS PROBABLY THE MOST, YOU KNOW, SIGNIFICANT CHANGE IN TERMS OF, UM, WHAT THE DIFFERENCE BETWEEN THE 2019 MODIFIED CUP AND WHAT THE REQUEST IS NOW IS THIS INTRODUCTION OF AMBIENT LEVEL OUTDOOR ENTERTAINMENT.
UM, BOTH OF THESE AREAS I JUST WANNA REITERATE, ARE NOT OPEN TO THE PUBLIC AND THE 2:00 AM HOURS OF OPERATION, UM, FOR THE POOL BAR FOR THE POOL BAR IS EXISTING.
UM, THERE'S NO CHANGES PROPOSED FOR THE, UM, FOR THE DELIVERIES, LOADING OR SANITATION.
THIS WAS, UH, A, UM, AND I SEE MR. STO HERE.
UM, THIS WAS A TOPIC OF MUCH DISCUSSION AT AT PREVIOUS PLANNING BOARD MEETINGS IN TERMS OF THE DELIVERY ACCESS BECAUSE THEY DO, THIS IS A SHARED ACCESS, UM, WITH THEIR NEIGHBOR, UH, THE RESIDENTIAL BUILDING TO THE NEIGHBOR.
SO THEY'RE NOT PROPOSING ANY CHANGES TO THOSE CONDITIONS.
UM, I WILL NOTE IF YOU LOOK AT THE RED LINE VERSION OF THE ORDER STAFF IS RECOMMENDING, WE ARE PROPOSING A LOT OF CLEANUP.
UM, BECAUSE SINCE THIS, AGAIN, THIS CUP ORIGINALLY STARTED IN 2011 AND HAS BEEN MODIFIED OVER TIME, IT'S VERY CONFUSING.
UM, THERE ARE CONDITIONS THAT WERE ADDED BY THE HISTORIC PRESERVATION BOARD THAT THE PLANNING BOARD ADOPTED, WHICH IS VERY UNUSUAL.
[00:10:01]
RECOMMENDING A KIND OF A CLEANUP TO STREAMLINE EVERYTHING TO MAKE IT EASIER TO ENFORCE.BEFORE, MY NAME IS HENRY STOLLER.
I HAVE FILED YOU WANT MOVE MOTION FOR CONTINUANCE? YEAH.
MAY MY MOTION FOR CONTINUANCE BE HEARD NOW TO TO CONTINUE THE PRO THE ITEM.
GO AHEAD FOR FOUR WEEKS, GO AHEAD TO THE JANUARY 6TH MEETING.
I HAVE LIVED AT 1500 OCEAN DRIVE CONTINUOUSLY FOR 21 YEARS AS MY SOLE RESIDENCE.
I SERVED AS A MEMBER OF THIS PLANNING BOARD FOR SIX YEARS.
FROM 2 0 0 8 TO 20 14, 2 OF MY NEIGHBORS, ALBERT LAPAGE AND PHILIP AND ILEANA MIDLAND HAVE FILED FLAT OUTRIGHT OPPOSITIONS TO THE PROPOSED AMENDMENTS TO THE 2019 MODIFIED CONDITIONAL USE PERMIT.
I HAVE NOT JOINED THEM IN THAT EFFORT.
INSTEAD, I HAVE TRIED TO NEGOTIATE WITH THE HOTEL ON SPECIFIC CHANGES TO THEIR PROPOSALS.
I THOUGHT THAT THE HOTEL AND I HAD A CLEAR UNDERSTANDING THAT WE WOULD MEET ON THE SUBJECT OF TALKING ABOUT SPECIFIC CHANGES, THE HOTEL REPRESENTATIVE STAFF THAT THE HOTEL WAS REQUESTING THE CONTINUANCE GRANTED TO THIS DAY FOR FURTHER CONSULTATION WITH ITS NEIGHBORS, THAT IN FACT HAS NOT HAPPENED.
THE HOTEL HAS ENGAGED IN A PATTERN OF DELAY, FOOT DRAGGING AND NON-RESPONSIVENESS AS DETAILED IN THE REQUEST FOR CONTINUANCE THAT I HAVE FILED WITH YOU.
MY VIEW IS THAT THE HOTEL'S CONDUCT IN THIS MATTER IS UNCONSCIONABLE.
A COMPLETE BREACH OF TRUST, FAIR DEALING AND DECENCY WITH AN IMMEDIATE NEIGHBOR.
NOW, WHEN IT'S ME REQUESTING THE FOUR WEEK CONTINUANCE AND NOT THE HOTEL, AS WAS THE CASE LAST TIME, THE HOTEL WANTS TO RUSH THE CASE THROUGH ON THE MERITS THROUGH THIS HOLIDAY SEASON.
ACTUALLY, THE TWO DELAYS BY THE HOTEL IN MY EFFORT TO MEET WITH THEM AND TO DISCUSS CHANGES WITH THEM AS DESCRIBED IN MY REQUEST FOR CONTINUANCE, EACH LASTED TWO WEEKS.
ADDING UP TO THE VERY PERIOD OF FOUR WEEKS THAT I AM ASKING YOU TODAY TO CONTINUE THIS CASE TOO.
DURING MY SIX YEARS AS A PLANNING BOARD MEMBER, IT WAS UNSINKABLE THAT WE WOULD EVER DENY A FIRST TIME REQUEST BY AN IMMEDIATELY ADJACENT PROPERTY OWNER.
MY VIEW FOR A CONTINUANCE, MY VIEW THEN AND NOW IS THAT IT IS AN ABUSE OF DISCRETION TO ALLOW THIS TO MOVE FORWARD TODAY.
MAY I HAVE FOUR WEEKS, PLEASE.
DURING THE HOLIDAY SEASON TO HAVE MY FIRST AND ONLY CONTINUANCE TO TRY AGAIN TO BRING THE HOTEL TO THE TABLE FOR A DISCUSSION.
YOU MAY BE HEARING THAT THIS DELAY OF FOUR WEEKS WOULD BE HIGHLY PREJUDICIAL TO THE HOTEL.
IT IS NOT IN THE LEAST IF PEOPLE HAVE COME FLYING IN HERE TODAY BECAUSE THEY EXPECT TO TESTIFY FROM
IT IS NOT WITHSTANDING THE FACT THAT THEY'VE BEEN ON NOTICE SINCE LAST WEDNESDAY THAT I WAS SEEKING A CONTINUANCE.
THE CONSTRUCTION AT THE HOTEL CONTINUES A PACE.
IT IS NOT AFFECTED BY THIS AND THIS MASSIVE OUTDOOR VENUE FOR OUTDOOR ENTERTAINMENT WHERE A WHOLE SWIMMING POOL USED TO BE IS RAPIDLY APPROACHING COMPLETION.
I REQUEST A CONTINUANCE UNTIL THE JANUARY 6TH MEETING.
HENRY, I WANNA MAKE SURE I UNDERSTAND.
YOU'RE NOT SAYING THEY'VE DONE ANYTHING PROCEDURALLY DEFICIENT THAT WOULD REQUIRE A CONTIN.
YOU'RE JUST SAYING YOU WANT MORE TIME TO NEGOTIATE.
I JUST WANNA UNDERSTAND YOUR POSITION.
I, I WANT, SO WHAT, WHAT'S THE DIFFERENCE BETWEEN THAT AND YOU COMING HERE NOT CONTINUING AND VOICING YOUR OPPOSITION TO CERTAIN ITEMS THAT WE CAN AS A BOARD RULE ON, LIKE WE ALWAYS DO BECAUSE I, BECAUSE THEY'RE ALL HERE AND, AND IF THEY HAVEN'T DONE ANYTHING PROCEDURALLY DEFICIENT, THEN I, I I DON'T KNOW WHY YOU WOULDN'T JUST COMMENT.
'CAUSE I AM, I AM NOT SEEKING TO OPPOSE IT IN GENERAL.
I AM SEEKING TO HAVE THE AUDIENCE, THE MEETING, THE SHIRT SLEEVE DISCUSSION OF THEIR SPECIFIC CONDITIONS AS WE HAVE DONE BEFORE IN THIS PROPERTY TO TALK THROUGH THEM.
THEY HAVE DENIED THAT OPPORTUNITY TO ME.
AND SO YES, WITH LIMITED PREPARATION, I CAN SPEAK IN OPPOSITION TODAY.
I HAVEN'T PREPARED FOR THAT BECAUSE I ASSUMED ALL ALONG THAT, BASED UPON REPRESENTATIONS MADE TO ME
[00:15:01]
THAT IN FACT WE WOULD HAVE A DISCUSSION TO HAVE A FACE-TO-FACE MEETING.INSTEAD, WHAT HAPPENED WAS, LAST WEDNESDAY, COUNSEL FOR THE HOTEL TOLD ME AFTER I'D HUNTED HIM DOWN BY TELEPHONE, THAT WELL, MAYBE WE WOULD HAVE A CALL IN THE NEXT DAY OR TWO.
WELL, THAT'S NOT THE GOOD FAITH THAT I EXPECTED FROM THE HOTEL AND NOT THE GOOD FAITH THAT THE HOTEL REPRESENTED TO US WHEN IT MET WITH OUR ENTIRE ASSOCIATION.
BUT ARE ARE YOU HERE ON BEHALF OF YOUR ASSOCIATION OR INDIVIDUAL? I AM NOT.
LIKE THE TWO OTHER PEOPLE I'VE MENTIONED, I SPEAK FOR MYSELF AS AN INDIVIDUAL.
AS YOU MIGHT GUESS FOR, FORGIVE ME, CARTER MCDOWELL, BILL AND SANDBERG HERE REPRESENTING THE APPLICANT.
UM, AND I HAVE A TEAM OF PEOPLE HERE WITH ME, UH, TO ANSWER ANY QUESTIONS.
OUR VIEW OF THAT IS NOT THE SAME.
UM, THERE HAVE BEEN GOOD FAITH EXCHANGES, EMAIL EXCHANGES, TELEPHONE CALLS.
THE FIRST, THE FIRST ROUND OF DISCUSSIONS, HENRY ASKED US SEVERAL TIMES TO GIVE HIM A WORD COPY OF THE DRAFT AMENDED ORDER SO THAT HE COULD MARK UP THE ORDER.
WE DID ULTIMATELY PROVIDE THAT TO HIM.
AND HE CAME BACK WITH I THINK ABOUT 45 SUGGESTED CHANGES IN, IN THE ORDER.
UM, THIS WAS THE WEEK BEFORE THANKSGIVING.
HE, IN HIS OUTLINE OF DATES, HE FORGETS TO TELL YOU THAT THIS WAS THE WEEK BEFORE THANKSGIVING.
I OBVIOUSLY COULDN'T RESPOND TO HENRY'S SUGGESTIONS WITHOUT TALKING TO MY CLIENT, GIVEN THE NATURE AND THE EXTENT OF THE CHANGES.
SO IT DID TAKE US WITH THE HUNT, WITH THANKSGIVING INTERVENING.
IT TOOK US TWO WEEKS TO GET BACK TO HIM.
WE WERE ALSO, AND THERE'S SOME INTERESTING PROCEDURAL THINGS THAT HAVE HAPPENED.
NOTHING THAT'S WRONG, BUT WE HAD EXPECTED, WE ASKED FOR THE CONTINUANCE.
WE HAVE HAD CONVERSATIONS, WE'VE MADE SIGNIFICANT CHANGES IN RESPONSE TO BOTH MR. LEPAGE'S COMMENTS AND HENRY'S COMMENTS THAT WE DID NOT ACCEPT.
ALL OF THEM, I CAN TELL YOU BECAUSE MANY OF THEM ARE ADMINISTRATIVELY REALLY BURDENSOME.
I MEAN, OTHER THAN HE DID ASK THAT WE LIMIT THE TIME TO 9:00 PM MOST OF THEM WERE TECHNICAL CHANGES.
I DON'T KNOW IF HE WILL AGREE WITH THAT CONVERSATION, BUT, OR THAT CHARACTERIZATION.
UM, SO AS SOON AS I WAS ABLE TO GET MY CLIENTS TOGETHER TO TALK, WE PUT TOGETHER A RESPONSE.
I MAILED IT TO HIM AND I GAVE HENRY A COMPLETE COPY OF OUR MARKUP OF THE PROPOSED ORDER ON DECEMBER 7TH, I BELIEVE WAS THE DATE YESTERDAY.
WELL, I, AT, WE HAVE, THERE HAS BEEN AN EXCHANGE.
WE HAVE ALSO ROYSTON, OUR GM HAS BEEN MEETING, HAS TALKED WITH THE BOARD AND MEMBERS OF THE BOARD DURING THAT PERIOD OF TIME.
IT'S NOT LIKE WE TURNED OUR BACK ON IT.
WE JUST GOT A RESPONSE THAT CANDIDLY WE, AND WE SAID WE CAN'T ACCEPT THOSE CHANGES.
YOU ASKED FOR SPECIFICATION OF WHAT, UH, AMBIENT ONLY AND OTHER THINGS.
LET ME INTERRUPT YOU ONE SECOND.
DO, DO YOU BELIEVE THAT FURTHER MEETINGS ZONE WOULD BE, WOULD BE FUTILE AND YOU'D RATHER JUST GET TO THE MERITS? I, I WANT YES.
IS THE SHORT ANSWER BECAUSE NORMALLY SOMETIMES THE APPLICANT WILL BE BENEFITED BY MEETING AGAIN WITH
I BELIEVE THAT WE SHOULD HAVE THIS HEARING IF THERE ARE ISSUES THAT ARE OPEN AT THE END OF THE HEARING.
YOU KNOW, YOU ALL ALWAYS HAVE THE AUTHORITY, UH, TO CONTINUE A MATTER, BUT I THINK IT WOULD BE HELPFUL FOR YOU TO UNDERSTAND WHAT WE'VE, YOU KNOW, WHAT IS BEING PROPOSED AND WHAT'S NOT BEING PROPOSED.
UM, AND YOU'LL MAKE YOUR OWN JUDGMENT AT THAT POINT.
UM, I THINK WE CAN FIND OUR WAY THROUGH THIS PROCESS.
UM, I DON'T THINK IT REQUIRES A, AN ADDITIONAL HEARING.
IT IS IMPORTANT TO US, AND WE'VE, AND HENRY HAS ALREADY SAID IT'S NOT EXCUSED.
WE ARE WORKING ON THIS RENOVATION AND ON GETTING THESE VENUES BACK IN PLACE IN ANTICIPATION OF THE WORLD CUP, WHICH IS HAPPENING IN MAY AND JUNE.
IS THERE ANYONE ELSE IN CHAMBERS WANTS TO SPEAK ON THIS MOTION? IF I MAY JUST SAY, GIMME ONE SECOND.
I, BECAUSE YOU KNOW, I'M GONNA BE HONEST, I, I DON'T HAVE HAVE EVER REMEMBER A, A A, A ONE RESIDENT OF SEEKING A CONTINUANCE BEFORE THE PRECEDENT FOR THAT.
UM, ESPECIALLY IF THERE'S BEEN NO PROCEDURAL DEFICIENCY.
AND IF THEY BELIEVE IT'S FUTILE, THEN YOU KNOW, MY INCLINATION IS TO LET IT GO FORWARD AND LET YOU TELL US IN THIS HEARING WHAT YOU OPPOSE.
AND THEN WE, LIKE, WE ALWAYS DO, WE WILL LISTEN TO YOU, WE'LL LISTEN TO THEM.
ANYONE ELSE ON THE PUBLIC, IF THAT'S SOMETHING TO SAY AND MAKE A DECISION.
UM, FURTHER DISCUSSION HAS NOT, WOULD NOT BE FUTILE.
I HAVE A HISTORY OF DEALING WITH CARTER AND WITH THE HOTEL, BEEN ABLE TO WORK THROUGH THESE THINGS IN THE PAST FACE TO FACE OPENLY.
[00:20:01]
THERE HAS NEVER BEEN A PROBLEM IN COMING TO AN AGREEMENT.THE FINAL HEARING IN 2019 WAS UNCONTESTED AND IT HAS ALL WORKED VERY WELL IN THE PAST THIS TIME.
AND IT'S, I THINK, IMPORTANT TO NOTE THAT THE MARKUP INVOLVED WAS A PREVIOUS ADDITION.
WE DIDN'T HAVE THE STAFF PROPOSAL UNTIL THE USUAL TIME.
THE STAFF WAS VERY TIMELY IN PUTTING IT OUT.
AND THAT'S WHAT I WOULD LIKE TO DISCUSS WITH THEM.
UH, THE FACT THAT THEY ARE PUSHING TO GET THIS DONE FOR WORLD CUP IS JUST THE SORT OF THING THAT STRIKES FEAR INTO MY HEART.
WORLD CUP WILL LEAD TO SOME BOISTEROUS PARTIES.
WE CAN HAVE ALL THE CONTROLS IN THE WORLD THAT WE WANT TO HAVE IN A CONDITIONAL USE PERMIT.
THE FACT OF THE MATTER IS THAT IF IT'S URUGUAY OUT THERE ON THAT DECK, YOU CAN BE SURE IT'S GOING TO BE A LOUD PARTY.
AND IF IT'S NOT GONNA WIND UP UNTIL 10 O'CLOCK OR OVER A WEEKEND EVEN LATER, WELL THERE'S GOING TO BE A PROBLEM.
NOW, HOW MUCH DO WE WANT TO LAY ON CODE COMPLIANCE TO RESPOND TO THE INEVITABLE COMPLAINTS? NONE.
I HAVE IDEAS FOR CONTROLLING THIS.
THIS REQUIRES GOOD FAITH CONVERSATION WHERE CARTER AND GRAYDEN AND I SIT DOWN IN A ROOM, GO THROUGH IT POINT BY POINT.
I WILL GIVE THEM HARD COPY SPECIFIC TEXT WE CAN DO.
YES, NO, MAYBE COMPROMISE, BUT IT CAN BE WORKED UP.
BUT WE NEED TO HAVE THAT MEETING AND WE NEED TO HAVE FOUR WEEKS OVER THE HOLIDAY SEASON.
THERE'S NO URGENCY HERE TO GET THIS DONE.
I WILL NOT BE BACK ON JANUARY 6TH REQUESTING A SECOND CONTINUANCE NO MATTER WHAT.
CAN I ASK, DO YOU HAVE YOUR LIST OF, OF THINGS? YOU KNOW, I HAVE AN INCOMPLETE PREPARATION BECAUSE I HAD BELIEVED THAT NUMBER ONE, WE HAD HAD THE MEETING RIGHT UP THROUGH WEDNESDAY OF LAST WEEK.
I STILL EXPECTED THE MEETING THEN AT THE 11TH HOUR AND THE 59TH MINUTE I GET AN EMAIL SAYING, NO, I, I I KNOW THAT I DON'T MEAN, OKAY, THIS IS THE REASON I DO NOT HAVE A COMPLETE LIST BECAUSE I WAS EXPECTING WELL, IS THE ISSUE IS THE, I DON'T MEAN TO INTERRUPT YOU, BUT IS THE ISSUE THE, THE, THE NOISE AND THE, THE ENTERTAINMENT OR IS THERE, ARE THERE OTHER ISSUES? BECAUSE THOSE ARE SOME THINGS THAT PERHAPS WE COULD SELECTIVELY CONTINUE THE DISCUSSION ON A FEW OF THE THINGS THAT IF WE CAN'T REACH RESOLUTION.
'CAUSE MY, MY INCLINATION, AND OBVIOUSLY I DEFER TO MR. CHAIR, BUT, BUT I'M, I THINK, YOU KNOW, THEY'RE HERE TO PRESENT TODAY.
LET'S HEAR WHAT THEY HAVE TO SAY.
AND THEN I WANT TO, I'M VERY CURIOUS TO HEAR WHAT YOUR PROPOSALS ARE OR YOUR, YOUR CONCERNS BECAUSE I, WE, WE ALL ON HERE WANNA MAKE SURE WE ADDRESS YOUR CONCERNS, BUT THAT DOESN'T NECESSARILY REQUIRE A CONTINUANCE OF THE ENTIRE APPLICATION.
YOU GET WHAT I'M SAYING? I UNDERSTAND.
AND IF BIFURCATION MAKES SENSE, THAT'S FINE.
I DON'T WANT ANYBODY TO BE INCONVENIENCED IF THE PEOPLE HERE WISH TO TESTIFY TODAY AND THEN WE CAN HAVE OUR CONVERSATION IN THE NEXT FOUR WEEKS AND THEN PRESENT THE CASE FOR A FINAL DECISION FOUR WEEKS FROM NOW, THAT'S FINE.
WELL, HENRY, WE'RE NOT GONNA GUARANTEE THAT'S A REASONABLE COMPROMISE, BUT WE'RE NOT GONNA GUARANTEE THAT.
WHAT, WHAT I THINK JONATHAN'S SAYING, WHAT I BELIEVE IS LET THE APPLICATION PROCEED.
'CAUSE LIKE I SAID, IF THEY HAD DONE A PROCEDURALLY PROBLEM, THEN IF IT WARRANTED A CONTINUANCE, I WOULD DO IT.
BUT, AND IF WE FEEL WE NEED TO CONTINUE IT AFTER HEARING ALL THE EVIDENCE, AND WE CAN, IF NOT, WE CAN LISTEN TO YOUR CONCERNS AND ANYONE ELSE'S CONCERNS AND THEN MAKE A DECISION ON THE CUP.
UM, AND THERE'S A POSSIBILITY FOR YOU TO HENRY THAT THIS ACTUALLY MOVES THE PROCESS MORE FORWARD.
SO WE WE'RE GONNA BRING UP IN DISCUSSION SOME OF YOUR CONCERNS AND WE'RE GONNA, YOU KNOW, HELP NAVIGATE THAT TODAY.
AND AGAIN, IF WE CAN'T REACH AN AGREEMENT, BUT I THINK YOU HAVE US TODAY HELPING OUT TO SORT OUT THE ISSUE.
UH, YOU KNOW, WE CAN GO THROUGH A CONTINUANCE FOR THE NEXT FOUR WEEKS AND BE AT THE EXACT SAME PLACE IF THEY REFUSE TO NEGOTIATE OR TALK ABOUT ANY OF THE STUFF THAT YOU'RE BRINGING UP.
SO YOU, YOU HAVE A TEAM HERE WORKING WITH YOU GUYS TO SORT OF SORT OUT WHAT WE NEED TO, UH, LOOK INTO.
ANY, KEITH, ANY QUESTIONS OR COMMENTS OR SCOTT? WELL, MY ONLY QUESTION IS DO WE HAVE ANY FEEDBACK FROM YOUR BOARD ONE WAY OR THE OTHER? MR. MARKS, OUR BOARD IS COMPLETELY CONSUMED WITH A COMMON PROBLEM THAT WE HAVE WITH THE HOTEL.
NAMELY THE FACT THAT A MASSIVE PROPOSAL IS BEING MADE FOR THE PROPERTY THAT ADJOINS US AND ADJOINS THEM WITH WHICH WE SHARE A DRIVEWAY AND THAT IS THE BANCROFT HOTEL AND THE RIGHT, BUT HENRY'S, THE PROPER
[00:25:01]
NOTICE WAS GIVEN TO EVERYBODY.EVERY, ANYONE CAN COME AND, AND SPEAK TODAY, SAY JUST NO, HE EXPLAIN, ACTUALLY ANSWER THE QUESTION.
THEY, THEY'RE NOT HERE TO WORK.
THEY HAVE OTHER MORE CRITICAL PURSUITS RIGHT NOW.
THROUGH RUSSELL GALVIN'S ANSWER'S PROPOSAL.
I GOT RESPECTFULLY, I'D LIKE OUR GM TO ADDRESS THAT.
ANY NO, I WAS JUST GONNA SAY THAT, YOU KNOW, HENRY, IT MAY BENEFIT YOU IF WE DID HEAR THIS TODAY MM-HMM
'CAUSE UM, LIKE IT WAS SAID, IF, IF WE CAN'T COME TO A CONCLUSION HERE AND, AND, AND VOTE YAY OR NAY, YOU MAY HEAR, YOU'LL HEAR BACK FROM THE BOARD ON CERTAIN ISSUES THAT YOU KNOW THE CONTENTIOUS ISSUES AND YOU MAY GET A SENSE OF HOW WE, UM, HOW WE FEEL ABOUT THAT.
IT MAY HELP YOU IF IT'S CONTINUED AFTER WE HEAR IT, WHEN YOU SPEAK WITH THE APPLICANT, YOU CAN TELL THE APPLICANT, WELL YOU HEARD HOW THE BOARD IS, FEELS ABOUT THIS ONE PARTICULAR ISSUE OR ANOTHER ONE MAY GIVE YOU A LITTLE BIT OF A BETTER POSITION TO NEGOTIATE WITH THEM IF YOU AT LEAST HEAR FROM THE BOARD TODAY AND HEAR HOW WE FEEL ABOUT A LOT OF THESE, UM, ISSUES.
IF, IF WE FEEL, IF WE DON'T COME TO A VOTE ON IT.
THAT'S VERY, VERY CONSTRUCTIVE.
AND AS LONG AS THE OPTION EXISTS FOR SOME FORM OF REVISITING ON JANUARY 6TH, WELL, OF SOME ISSUES, THAT'S HENRY, THAT'S NOT HOW IT WORKS EITHER WE'RE GONNA MAKE A DECISION TODAY OR WE ARE AS A BOARD GONNA FEEL WE CAN'T AND WE NEED TO CONTINUE IT.
IT'S NOT GONNA BE, WE'RE NOT GONNA PROCEED CONDITIONED ON A GUARANTEE THAT IT'LL BE REVISITED.
OBVIOUSLY IT'S UP, IT'S UP TO YOU ALL.
IF I'M HEARING, I, I THINK WE'RE GONNA DENY THEM.
I MEAN, I, I DON'T WANNA SPEAK FOR EVERYBODY.
IT SOUNDS LIKE, LIKE WE'RE GONNA DIAL, WE'RE GONNA LET THE APPLICATION GO FORWARD AND THEN WE'RE GONNA LET WELCOME YOU TO SPEAK WITH ANYBODY ELSE AND THEN IF WE CAN'T COME TO A DECISION, THEN WE'LL CONTINUE IT, BUT WE'RE GONNA PROCEED WITH IT.
UH, MAY I PLEASE HAVE A VOTE OF THE BOARD ON THE MOTION TO CONTINUE? WHAT'S THAT? YEAH, WE'RE GONNA DO THAT.
A BOARD, UH, VOTE OF THE BOARD.
WE'RE GONNA VOTE ON VOTE THE MOTION TO CONTINUE.
I NEED SOMEONE TO MAKE A MOTION TO EITHER GRANT THE CONTINUANCE OR DENY THE CONTINUANCE.
I'LL MAKE A MOTION TO DENY THE CONTINUANCE.
GO AHEAD AND PRE PROCEED WITH THE ACTUAL APPLICATION.
THANK YOU VERY MUCH MR. CHAIRMAN.
UM, I WANNA START BY SAYING THAT WHILE THIS HAS BEEN CHARACTERIZED AS A COMPLICATED AND BIG APPLICATION BECAUSE POTENTIALLY, UH, TWO VENUES THAT ARE SEEKING ENTERTAINMENT, IF YOU DON'T APPROVE THE OUTDOOR ENTERTAINMENT, WE CAN HAVE THE SAME MUSIC AT AMBIENT LEVELS ON THOSE FACILITIES ANYWAY.
THE ONLY THING THAT ENTERTAINMENT ALLOWS US TO DO IS TO HAVE A DJ PLAY THE MUSIC AT THE SAME VOLUME OR IN MOST CASES, ONE OF THE THINGS THAT I PERSONALLY THINK IS REALLY IMPORTANT IS, LET'S SAY YOU WANT TO HAVE A WEDDING OR A BAR BAT, BAT MITZVAH AT THIS NEW DECK.
THE DECK HAS BEEN THERE, IT'S GOING TO, THE POOL IS GOING AWAY.
YOU COULD HAVE A, A A, YOU KNOW, STRING QUARTET PLAY THE WEDDING MARCH.
YOU CAN'T DO THAT WITHOUT GETTING APPROVAL FOR ENTERTAINMENT.
YOU HAVE SPECIAL EVENT PERMIT.
BUT THERE ARE 12 OF THOSE A YEAR, RIGHT? LIMITED TO TWO DAYS.
AND THEY ARE, IT'S A VERY INVOLVED PROCESS TO GET THEM RIGHT.
IT'S NOT APPROPRIATE FOR AN EVENT.
THOSE ARE DONE TYPICALLY FOR MULTI-DAY ISSUES AND, AND LARGE GATHERINGS.
YOU WANNA HAVE A, I MEAN, MY DAUGHTER'S WEDDING, WE HAD A, AN EXTREME QUARTET AT HER WEDDING.
WE COULD NOT HAVE DONE THAT AT THIS VENUE WITHOUT APPROVAL OF ENTERTAINMENT.
BUT IF YOU DENY THE ENTERTAINMENT, WE CAN STILL PLAY THE SAME MUSIC AT THE SAME LEVEL IN THE SAME LOCATION.
IT JUST CAN'T HAVE A PERSON INVOLVED IN PRODUCING THE MUSIC.
IT'S THAT TECHNICAL WHEN YOU GET RIGHT DOWN TO IT.
AND SO WE HAVE, WE NEEDED TO COME TO THIS BOARD BECAUSE OF THE MODIFICATIONS OF THE NUMBERS OF THE VENUES, WHICH ARE GOING DOWN WITH THE EXCEPTION OF TWO, WHICH ARE OFFSET BY THE LARGER REDUCTION.
UM, BY THE WAY, I SEE A TIMER GOING THAT'S AT EIGHT MINUTES ALREADY.
I WOULD ASK THAT WE NOT LOSE THAT, UH, ANYWAY, UM, SO THAT'S BIG PICTURE, THAT'S WHAT WE'RE TALKING ABOUT.
SO LET'S, LET'S TALK ABOUT THE PROPERTY AND THE APPLICATION AND THE VENUES.
[00:30:01]
AND SO I THINK YOU ALL KNOW THIS, BUT THIS IS A, A OVERVIEW.THE GREEN OUTLINED IS OUR PROPERTY.
YOU'LL NOTE WE HAVE TWO HISTORIC BUILDINGS AND TWO NEW TOWERS THAT WERE ADDED TO THIS PROPERTY AS PART OF A RESPONSE TO AN RFP THAT THE CITY PUT OUT FOR CONVENTION CENTER HOTELS BACK IN THE NINE NINETIES.
THEY WERE BUILT IN THE EARLY TWO THOUSANDS.
HENRY'S BUILDING THE 1500 OCEAN STEPS IS THE, THE LARGER BUILDING TO THE SOUTH OF US.
UM, AND THE PROPERTY WAS JUST REFERRING TO IN WHERE THEY ARE SEEKING A POTENTIALLY LIVE, A LOCAL LARGE PROJECT IS, UM, TO THE WEST OF THE 1500 OCEAN STEPS.
THERE IS A DRIVEWAY THAT WE ALL SHARE THROUGH A VERY COMPLICATED SET SET OF, UH, AND WE DO SHARE THAT AND IT'S GONNA BE AN ISSUE BOTH FOR THEM AND FOR US.
WHEN THAT CONSTRUCTION HAPPENS, WE HAVE TO WORK THROUGH THAT.
BUT THE OPERATIONAL CONDITIONS FOR THAT SHARED DRIVEWAY ARE NOT CHANGING IN, IN ANYTHING YOU'RE DOING TODAY.
UM, AGAIN, SOME, SOME FURTHER VIEWS OF THE RELATIONSHIP OF THE, OF THE PROPERTIES.
SO ON THE RIGHT SIDE, UM, YOU SEE OUR SEAWARD TOWER BEHIND THE HISTORIC ROYAL PALM.
YOU SEE IN, IN SEAWARD OF THAT TOWER, THE SECOND FLOOR POOL DECK, WHICH WE ARE, WHICH WE ARE DISCUSSING, THAT POOL IS GOING AWAY.
THE GROUND LEVEL POOL IS THE MAIN HOTEL POOL, AND THAT STAYS.
WE ALSO HAVE A THREE STORY WING OF THE BUILDING THAT GOES ALMOST ALL THE WAY TO THE SEAWARD END.
THAT IS BETWEEN THOSE VENUES AND 1500 OCEAN STEPS.
IT'S DEPENDING ON WHAT PARTICULAR NUMBER IT IS, SOMEWHERE BETWEEN 43 AND 46 FEET TALL.
SO THE, AND THAT, I'LL COME BACK TO THAT.
ON THE LEFT SIDE YOU SEE A VIEW AND YOU SEE A LITTLE RED BOX, EXCUSE ME, OOPS, I JUST CHANGED.
UM, THAT LITTLE RED BOX IS ACTUALLY CLOSE TO WHERE THE, UM, LOBBY BAR WILL BE.
THAT'S NOW GONNA BE BOTH INSIDE AND OUTSIDE.
THE CURRENT BAR IS ONLY INSIDE, UM, IT'S ACTUALLY FURTHER WEST TOWARD COLLINS AVENUE THAN THAT PARTICULAR LOCATION.
UM, THIS IS, AND AND HERE I THINK I CAN SHOW YOU.
THIS IS THE LOBBY BAR AREA THAT WE'RE TALKING ABOUT.
THIS IS THE ENTRANCE TO ROYAL PALM.
YOU COME IN, THIS IS THE CARTER OVER TO THE ELEVATOR BANK FOR THE TOWER THAT SITS BASICALLY FROM HERE OVER, AND THAT'S THE LOCATION OF THE LOBBY BAR ON THE FAR WESTERN EDGE BETWEEN THE TWO BUILDINGS WITH A BUILDING ON THREE SIDES OF THAT VENUE.
THE POOL DECK IS NOT SHOWN HERE.
I'M GONNA, BUT THE POOL DECK IS LOCATED OVER TOP OF THIS, WHICH IS THE RESTAURANT THAT YOU, THE THREE MEAL RESTAURANT.
I'M NOT GONNA SPEND A LOT OF TIME, BUT THEY'RE THERE IF YOU NEED TO COME BACK AND LOOK AT THEM.
YOU DO SEE THE, THE, NO, THAT'S NOT THE POOL DECK POOL, THAT'S THE GROUND LEVEL POOL.
UM, HERE YOU SEE THE VENUE THAT UPS THE SECOND FLOOR VENUE THAT IS, AND HENRY'S RIGHT UP, I SAID THEY WERE ON THE SOUTH SIDE OF THE PROPERTY.
THEY'RE NOT, THEY'RE IN THE MIDDLE OF THE PROPERTY OR ON THE NORTHERN EDGE OF OUR PROPERTY.
THERE IS A THREE STORY BUILDING BETWEEN 1500 OCEAN STEPS AND ANYTHING WE'RE TALKING ABOUT.
UM, THIS IS A VIEW AND A RENDERED VIEW OF THE REVISED LOBBY WITH A LITTLE CAFE ON THE LEFT, THE CHECK-IN, CHECK-IN, UH, DESK AND, AND ACTUALLY PART OF THE CAFE THERE, THIS IS THE NEW CHECK-IN DESK, WHICH IS A LITTLE FURTHER BACK IN.
BUT YOU SEE THE QUALITY OF THE SPACE.
THIS IS THE LOBBY BAR RENDERING FROM THE INSIDE, LOOKING ACROSS THE LOBBY BAR.
THE, ON EITHER SIDE OF THE BAR, THERE ARE NANO DOORS WHICH WE CAN OPEN, BUT YOU CAN ALSO SEE THE WALL OF THE BUILDING BEYOND THE BAR.
UM, WE, WE CAN'T DO THAT, UH, FROM AN FAR STANDPOINT.
UM, BUT IT IS NOT OPEN, YOU KNOW, IT IS OPEN AIR, BUT IT'S SURROUNDED ON THREE SIDES.
UM, THIS IS A VIEW, LOOKING DOWN THE ARCADE AT THE LOBBY BAR LOCATION.
IT'S DOWN AT THE VERY END OF THAT, UH, WHERE YOU SEE THE LITTLE, UH, AWNING.
WE WOULD LOVE TO HAVE THAT BE A CLOSED AWNING.
WE CAN'T BECAUSE OF FAR ISSUES, IT'S GOTTA BE 50% OPEN TO THE SKY.
UM, BUT IT WILL HAVE A, A, SOME BAFFLING EFFECT ON IT.
I'M GONNA POINT OUT THAT THERE'S KIND OF A
[00:35:01]
DIAGONAL THERE TO THE LEFT OF THE LOBBY BAR AREA.THAT IS SOME STAIRS THAT LEAD UP TO, UH, THE, THE LANAI.
AND RIGHT BEHIND THOSE STAIRS IS AN ELEVATOR BANK FOR THAT, THAT IS ACTUALLY ALMOST 60 FEET HIGH, WHICH WILL SHOW YOU, UM, AGAIN BETWEEN OCEAN, BETWEEN OCEAN STEPS BETWEEN HENRY'S APARTMENT AND THE LOBBY BAR.
THIS IS THE THREE MILL RESTAURANT ON THE GROUND LEVEL.
AND YOU SEE UP ABOVE THAT WHERE THE UMBRELLAS ARE.
THAT IS THE CURRENT SECOND LEVEL POOL.
THAT'S THE DECK WE'RE TALKING ABOUT IN TERMS OF ASKING FOR ENTERTAINMENT.
AND I'LL SHOW YOU WHY THIS IS A RENDERING OF THAT DECK.
ONE OF THE, UH, ONE OF THE IRONIES OF MANY OF THE OCEAN FRONT HOTELS IS YOU CAN'T SEE THE OCEAN BECAUSE WE HAVE THE PUBLIC WALK BETWEEN US.
SO WHEN YOU'RE AT OUR POOL, OUR HOTEL POOL, YOU CAN'T SEE THE OCEAN.
THIS SPACE BEING UP AT THE SECOND LEVEL WILL PROVIDE, IMAGINE HAVING A WEDDING IN THAT VENUE OVERLOOKING THE OCEAN.
YOU KNOW, IT'S, IT'S, IT'S A LOVELY SPACE.
THIS IS LOOKING FROM ESSENTIALLY THE PUBLIC WALKWAY BACK ACROSS THE MAIN HOTEL POOL.
AND AGAIN, YOU SEE THE UMBRELLAS ON THAT DECK, BUT THIS IS AT THE VERY SEAWARD SIDE OF THE PROPERTY.
SO ONE OF THE THINGS THAT'S HAPPENED SINCE WE ASKED FOR THE CONTINUENCY IS THE CITY IS EVOLVING HOW IT'S CONTROLLING THE NUMBERS OF PEOPLE IN THESE VENUES.
THE FIRE DEPARTMENT HAS NOW TAKEN A POSITION THAT THEIR OCCUPANCY CALCULATIONS ARE GONNA BE PURELY MATHEMATICAL.
YOU TAKE THE SPACE, YOU DIVIDE THE SQUARE FOOTAGE BY A NUMBER FOR EACH OF THE PATRONS, AND THAT BECOMES THE OCCUPANCY.
HISTORICALLY, THE CITY HAS TALKED ABOUT SEATS AND OCCUPANCY, BUT THEY'RE MOVING TO, AND THIS ORDER WILL MAKE OCCUPANCY THE CONTROLLING FACTOR BECAUSE YOU CAN'T CHANGE THE SIZE OF THE SPACE WITHOUT PERMITS.
AND SO, BUT YOU CAN CHANGE SEAT LAYOUTS.
YOU CAN PUT MORE PEOPLE OR LESS PEOPLE IN A SPACE BASED ON FURNITURE LAYOUT.
THE CITY'S MOVING TOWARD A MORE, IF YOU WILL, PREDICTABLE LIMITATION ON OCCUPANCY.
BECAUSE OF THAT CHANGE, WE'VE HAD TO CHANGE OUR NUMBERS TO REFLECT OCCUPANCY OF THE SPACES.
AS YOU SEE, OUR ULTIMATE REDUCTION IS 105 OR WHAT WAS THERE TODAY.
IT DOES INCREASE THE OCCUPANCY OF THE POOL, OF THE PROPOSED, UH, LOBBY BAR.
IT DOES INCREASE THE SEATS IN THE RESTAURANT A LITTLE BIT, BUT THAT IS THE CHANGE.
WE STARTED, WE TRIED TO FILE THAT, BUT THEY SAID WE REALLY NEEDED TO PRESENT IT TO YOU AT THIS HEARING SINCE WE'D ALREADY BEEN ADVERTISED WITH A, A SET OF PLANS.
SO WE'RE PRESENTING THAT TO YOU.
I CAN GO THROUGH IT IN DETAIL IF YOU'D LIKE, BUT IT'S PRETTY TECHNICAL WHEN, WHEN ALL IS SAID AND DONE.
THIS IS AGAIN, THE NEW FILING SHOWING THE UPSTAIRS VENUES HOW WE CALCULATED THAT AND HOW WE GOT CAUGHT TO THE OCCUPANCY.
WE'RE STILL A HUNDRED, A HUNDRED PEOPLE LESS THAN IS CURRENTLY PERMITTED UNDER THE EXISTING COP 105.
THAT'S, AGAIN, THIS IS BLOWUPS OF THE VEN OF THE THREE MILL RESTAURANT AND THE NEW LOBBY BAR AND ITS CONFIGURATION.
AND THE NUMBERS IN THAT CHART REFLECT THAT AGAIN GLOBALLY.
IT, THERE IS A, AN INCREASE IN THE LOBBY BAR BECAUSE IT'S ONE SIDED TODAY INSIDE ONLY IT WILL BE TWO-SIDED IN THE FUTURE SO THAT WE CAN UTILIZE AND ENJOY THIS CLIMATE THAT WE ALL LIVE HERE FOR.
UM, YES, IN THE SUMMER IT'S LIKELY TO BE CLOSED MOST OF THE TIME IN THE WINTER IT WILL CERTAINLY BE OPEN DURING THE HOURS OF OPERATION THAT WE HAVE SPECIFIED.
AND WE HAVE SAID THAT WILL, THAT THE OUTDOOR ENTERTAINMENT ON THOSE VENUES WILL STOP AT 10:00 PM THE NOISE ORDINANCE REALLY REGULATES AT 11:00 PM WE VOLUNTARILY SAID 10:00 PM LOTS OF DETAIL.
SO THIS SHOWS, AND I'M GONNA GO THROUGH THESE QUICKLY.
THIS SHOWS THE CHANGE, THE MAXIMUM OCULAR LOAD BEFORE WAS 7 74 BASED ON OCCUPANCY.
AND WE'VE SAID THE SEAT COUNT CAN'T EXCEED THE OCCUPANCY.
UH, AND, AND YOU'LL NOTE THAT WE, YOU SEE PLATE AT A VOLUME THAT DOES NOT, IT'S AMBIENT LEVEL PLATE AT A VOLUME NOT TO INTERFERE WITH NORMAL CONVERSATION PERMITTED UNTIL 10:00 PM AT WHICH POINT THIS IS FOR THE BAR, THE DOORS WILL BE CLOSED AND ONLY THE INTERIOR PART OF THE LOBBY BAR WOULD BE ALLOWED TO CONTINUE WITH MUSIC.
UM, THIS IS FOR THE UPPER DECK.
AGAIN, NOT OPEN TO THE PUBLIC.
IT HAS TO BE A HOTEL FUNCTION.
IF IT'S A WEDDING OR A CORPORATE MEETING, ET CETERA, YOU, YOU KNOW, THEY, THEY AND THEIR GUESTS WILL BE THERE, BUT IT'S
[00:40:01]
NOT INTENDED TO BE AND WON'T BE A COMMERCIAL VENUE.AND CANDIDLY, IT WON'T BE USED ALL THE TIME.
IT'S ONLY GONNA BE USED WHEN SOMEONE BOOKS THE SPACE.
UM, UH, SO THE, THIS IS LANGUAGE AGAIN FROM, AND I DIDN'T SAY THIS TO BEGIN WITH.
WE ARE FINE WITH STAFF RECOMMENDED ORDER.
WE, THERE'S SOME LANGUAGE WE WOULD'VE PREFERRED TO CHANGE.
WE PRESENTED STAFF, THEY REJECTED IT.
SO WE'RE FINE WITH STAFF RECOMMENDATION.
WE WILL FOLLOW THE STAFF RECOMMENDATION WITH ONE EXCEPTION.
UM, AND THIS IS THE EXCEPTION, THE, THE TRAFFIC REVIEW GROUP CAME BACK WITH A REQUIREMENT THAT SAYS WE HAVE TO HAVE A MINIMUM OF 10 VALET RUNNERS MAINTAINED AT A PEAK, PEAK AND PM PEAK FOR AT LEAST SIX MONTHS.
AND THEN WE CAN ASK TO CHANGE IT.
UM, IT'S NOT CLEAR TO ME WHETHER THAT MEANS WE HAVE TO COME BACK HERE OR WHETHER WE WOULD CHANGE IT ADMINISTRATIVELY.
THERE HAVE BEEN SEVERAL RECENT CS THAT YOU HAVE APPROVED WITH DIFFERENT LANGUAGE THAT IS A LITTLE MORE FLEXIBLE.
THAT NUMBER 10 IS ALSO BASED UPON THE FACT THAT THE CITY WILL NOT ALLOW US TO TAKE INTO CONSIDERATION THE FULL RIDE SHARE USAGE IN HOTELS ON THE BEACH.
I, I DON'T KNOW ABOUT YOU, BUT I DON'T DRIVE INTO SOUTH BEACH THESE DAYS.
I TAKE AN UBER OR A LYFT BECAUSE I DON'T WANNA HAVE TO DEAL WITH MY CAR.
AND I ALSO DON'T WANNA PAY $40 TO VALET IT FOR, YOU KNOW, TWO HOURS.
UM, AND I THINK MANY, MOST PEOPLE DO THAT.
THE EVIDENCE SHOWS THAT UPWARD OF 60 PLUS PERCENT OF PEOPLE WHO GO TO THESE HOTELS, IN PARTICULARLY IN THE SOUTH BEACH AREA, UTILIZE RIDE SHARING SERVICES.
BUT IN OUR REVIEW, WE WERE LIMITED TO 20%, NOT 60%.
THE OVERALL REVIEW OF MIXED USE WAS 25%.
AND I MAY BE REVERSING THOSE NUMBERS AND ADRIAN IS HERE.
I CAN ANSWER THE, THE TECHNICALITIES OF IT.
WHAT WE WOULD LIKE TO SUGGEST IS THE ALTERNATE LANGUAGE BELOW AND THE RED LANGUAGE IS OUR LANGUAGE TAKEN FROM OTHER ORDERS, WHICH IS THAT, AND THE, OR THE CONDITION SAYS IF WE NEED MORE, WE HAVE TO PROVIDE MORE.
IF WE NEED LESS, WE CAN PROVIDE LESS PROVIDED THAT THE SUFFICIENT PROVIDED TO ENSURE THE VALET QUEUE WILL BE CONTAINED ONSITE AND DOES NOT OBSTRUCT THE PUBLIC RIGHT OF WAY, WHICH IS REALLY THE SUBSTANTIVE ISSUE.
YOU DON'T WANT VALETS TO, TO AFFECT THE PUBLIC RIGHT OF WAY.
WE AGREE THAT THAT'S ABSOLUTELY NECESSARY.
WE, AND WE BELIEVE THAT THIS LANGUAGE IS BETTER LANGUAGE AND MORE ACCURATE LANGUAGE.
AND WHAT I'VE JUST PUT UP IS A OCTOBER 24 ORDER FOR ONE.
SORRY, SORRY, JUST ONE QUICK QUESTION ON THAT.
SO RIGHT NOW, WITH THE LANGUAGE THAT YOU SUGGESTED, IF THERE WERE TO BE QUEING ON THE STREET, THAT COULD, I GUESS PROMPT A VIOLATION THAT WOULD THEN CALL YOUR APPLICANT BACK? YES.
IS THAT CONSISTENT WITH YOUR UNDERSTANDING? YES, WE'RE FINE WITH THAT.
AND THAT CONDITION IS, IS NOT IN THERE RIGHT NOW, CORRECT? NO.
THE THE, THE CONDITION IS THAT IS IN THERE TODAY IN IS THE TOP CONDITION B.
NO, I I UNDERSTAND, BUT I'M SAYING BASED ON THAT THERE IS NO MENTION OF ANY QUEUING.
YEAH, I THINK WE CAN STRENGTH.
I, THAT'S ONE OF MY COMMENTS THAT I THINK WE CAN STRENGTHEN THAT A LITTLE BIT.
LET FINISH WE'RE IN PUBLIC COMMENT, WE'RE FINE.
WE ABSOLUTELY A HUNDRED PERCENT AGREE THAT WE SHOULDN'T AFFECT THE PUBLIC RIGHT OF WAY.
WE CAN ACTUALLY STACK 12 CARS BETWEEN THE STREET AND OUR RUN ENTRANCE.
WE HAVE ONSITE PARKING FOR THE VALET ANYWAY.
UM, SO WE, WE BELIEVE THIS IS BETTER LANGUAGE AND YOU HAVE UTILIZED THAT EXACT LANGUAGE SUBJECT TO THE NUMBERS BEING SLIGHTLY DIFFERENT FOR THE ON UNDOS AND FOR 1105TH STREET WITHIN THE LAST SEVERAL MONTHS.
UM, IT SEEMS TO US THAT THAT'S BETTER LANGUAGE, IT'S MORE FLEXIBLE AND IT REFLECTS REALITY, WHICH IS DON'T SCREW UP THE, THE ROADWAY.
UM, WITH THAT, I THINK WE'RE GONNA STOP.
I HAVE OUR WHOLE TEAM HERE TO ANSWER YOUR TECHNICAL QUESTIONS.
UM, I DON'T WANT TO TAKE MORE TIME.
UM, BUT UH, I DO WANT TO SAY HENRY HAS CHARACTERIZED THESE AS LARGE VENUES.
I THINK THE TOTAL OCCUPANCY, SOMEBODY'S GONNA TELL ME THE EXACT NUMBER AND THAT'S BOTH INSIDE AND OUTSIDE IS I THINK 124 OR LESS.
I THINK THERE'S A CHART IN HERE, RIGHT? IS THE NUMBER.
BUT THAT'S BOTH PHASES AND THE OUTSIDE PHASES OUT AT 10:00 PM WHICH FOR SOUTH BEACH IS EARLIER THAN NORMAL.
UM, AND SO, AND THE POOL DECK IS AN INTERMITTENT USE.
IT, IT'S NOT GONNA BE AND IT'S
[00:45:01]
AT AMBIENT.THE THE CRITICAL ISSUES IT AMBIENT.
THEY DID HAVE SOME TECHNICAL COMMENTS I JUST WANNA ADDRESS FROM THEM.
THEY, THEY SAID, WELL HOW DO WE KNOW IT'S GONNA BE SET THAT WAY? THE ANSWER IS BECAUSE WE HAVE TO, WE HAVE TO PUT THE SYSTEMS IN, WE HAVE TO TEST THE SYSTEMS, WE HAVE TO DO THAT WITH THE CITY.
THE CITY HAS TO SIGN OFF THAT WE'RE IN COMPLIANCE WITH THE ORDER BEFORE WE CAN GET A BTR TO OPERATE THIS PLACE.
OKAY? SO OBVIOUSLY WE CAN'T DO IT IN ADVANCE 'CAUSE YOU HAVE TO BUILD THE STUFF AND TEST IT IN PLACE THAT THE THE ORDER ABSOLUTELY REQUIRES THAT THEY ARE THE, THE SYSTEM IS TO BE LOCKED WITH ONLY THE GENERAL MANAGER HAVING ACCESS TO IT.
I CAN ASSURE YOU AND THINK ABOUT WHAT WE'RE DOING, WE'RE ELEVATING THIS PROPERTY OVERALL.
WE EXPECT ROOM RIGHTS IN A NORMAL TIMEFRAME TO BE 500 PLUS PER PER ROOM.
UM, WE DON'T WANNA DISTURB OUR OWN GUESTS.
THEY'RE RIGHT OVER TOP OF WHAT WE'RE TALKING ABOUT.
THEY'RE MUCH CLOSER TO IT THAN, THAN THE BUILDING TO THE SOUTH.
I WOULD ALSO NOTE JUST CONTEXTUAL AND TO WRAP IT UP HERE PLEASE.
I'M THE 1500 OCEAN STEPS AND THIS PROPERTY ARE PART OF THE MXC DISTRICT.
IT'S NOT A RESIDENTIAL DISTRICT, IT'S THE MXC DISTRICT.
THIS PROPERTY WAS BUILT IN RESPONSE TO A CITY RFP FOR A CONVENTION CENTER HOTEL.
WITH THAT, WE'RE HERE TO ANSWER QUESTIONS.
OKAY? I WANNA OPEN UP TO PUBLIC FIRST AND THEN WE'LL ANYONE IN CHAMBERS OTHER THAN HENRY TO SPEAK ON THIS.
AND MR. CHAIRMAN, BEFORE WE HEAR FROM THE PUBLIC, DO ANY BOARD MEMBERS HAVE ANY EX PARTE COMMUNICATIONS TO DISCLOSE ON THIS APPLICATION? NO.
YEAH, I DID HAVE A CONVERSATION WITH THE APPLICANT PHONE CONVERSATION.
I GOT A COUPLE EMAILS FROM THE APPLICANT.
WE, WE EMAILED THE BOARD ASKING AND OFFERING TO MEET WITH THEM.
WE TALKED TO TWO BOARD MEMBERS AND TALKED TO RESPOND THE SAME.
NO, BUT I WOULD LIKE TO SAY THAT I DO KNOW TWO RESIDENTS THAT LIVE IN THE BUILDING THAT THEY HAD SOME CONCERNS.
AGAIN, ANYBODY OTHER THAN HENRY TO SPEAK IN CHAMBERS? LET YOU GO LAST HENRY? ANYONE ON ZOOM? UM, YES, MR. CHAIR, WE HAVE IPHONE.
COULD YOU PLEASE STATE YOUR NAME FOR THE RECORD AND THEN I'LL SWEAR YOU IN.
YES, I DO SWEAR TO TELL THE TRUTH.
YES, I, UM, I HAVE TO, UH, GO TO A MEETING AT 10, OTHERWISE I WOULD BE THERE WITH HENRY.
UM, I APPRECIATE HIS PRESENCE.
I KNOW THAT HE REPRESENTS A LOT OF CONCERN RESIDENTS AT OUR BUILDING.
AND I WAS THERE AND I WITNESSED THE QUESTION THAT I ALSO ASKED ABOUT THE SOUND.
UM, OF COURSE, YOU KNOW, AMBIENT SOMETIMES I, I KNOW IT'S PROBABLY ABOUT 60, 70 DECIBELS, BUT, YOU KNOW, IT COULD BE SUBJECTIVE IN A SENSE OF WHAT'S TOO LOUD.
UM, I JUST WANNA BRING UP THE PAST HISTORY OF ISSUES THAT WE'VE HAD THROUGHOUT SOUTH BEACH WITH CODE.
UM, IF SOMETHING DOES HAPPEN, UM, I KNOW I'M BEING VERY VAGUE.
I I I JUST WANTED TO MAKE A GENERAL POINT THAT I MYSELF THOUGHT THAT WE WOULD BE ABLE TO GO OVER, UM, WITH THE SOUND ENGINEER, UH, HOW THEY WOULD HANDLE THE, THE, THE, THE NOISE, UH, THE DISPERSION OF IT, ET CETERA.
UM, BUT I, I WILL LEAVE THAT TO HENRY, UM, TO DISCUSS WITH YOU.
AND THEN JUST ONE MORE POINT, UM, I HAD SPECIFICALLY ASKED, UM, BECAUSE I'M ON THE NORTHEAST CORNER, UM, IF FESTIVALS SUCH AS, OR PARTIES SUCH AS URGE, UM, YOU KNOW, WOULD CONTINUE AND I WAS TOLD FLAT OUT, NO, I DO UNDERSTAND THAT WE ARE IN SOUTH BEACH.
I LOVE THE ACCESSIBILITY, I LOVE THE VIBE, BUT THERE ARE TIMES WHERE THAT VIBE OR, OR THAT, UM, YOU DON'T HAVE TO PARTY AND HAVE THE BASE, UH, SHAKE A BUILDING.
AND I, I BELIEVE BASED ON OUR MEETING, THAT THE PEOPLE THAT ARE ARE RENOVATING, THEY ARE NOT TACKY.
THEY'RE NOT, THEY HAVE CLASS, THEY KNOW WHAT THEY'RE DOING.
I'D LIKE TO DEPEND ON THAT, BUT WE KNOW HOW THAT COULD BE TAKEN ADVANTAGE OF.
SO I JUST WANT TO MAKE THOSE POINTS AND THANK HENRY FOR BEING THERE.
I DO WANNA SAY, AND I UNDERSTAND THAT THERE NEEDS TO BE AMENITIES AND OPTIONS AND, UM, YOU KNOW, EVERYTHING TO MAKE A BUSINESS SUCCEED.
BUT I ALSO WANT TO MAKE IT A POINT THAT YOU DON'T NEED TO BE LOUD AND OBNOXIOUS TO SUCCEED.
THANK YOU SO MUCH FOR YOUR TIME.
OUR NEXT SPEAKER IS MICHAEL RESNICK.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE
[00:50:01]
WHOLE TRUTH, NOTHING BUT THE TRUTH? YES, I DO.SO I AM A RESIDENT OF, UH, 1500 AS WELL.
I AM ON THE NORTH, UH, WEST SIDE OF THE BUILDING, UM, ADJACENT TO WHERE THE LOBBY BAR WOULD BE.
UM, I I JUST LIKE TO SAY, UM, YOU KNOW, THEY, THEY SAY THAT MUSIC WILL BE AMBIENT LEVEL, BUT THE, THE BIGGEST ISSUE I HAVE AGAIN, IS NOISE.
IF YOU GO INTO A RESTAURANT, YOU'RE THE EARLIER PEOPLE THERE, YOU KNOW, YOU CAN HAVE A NICE CONVERSATION WITH SOMEONE AT YOUR TABLE.
NOT A LOT OF PEOPLE THERE, THE MUSIC, IF THEY'RE PLAYING IS THE AMBIENT LEVEL.
ONCE THE RESTAURANT GETS BUSY, THE MUSIC THAT THEY'RE PLAYING HAS AN INCREASE, BUT THERE'S MORE PEOPLE THERE AND SOMETIMES YOU CAN'T HEAR THE PERSON ACROSS FROM YOU.
THAT'S SORT OF MY CONCERN HERE.
I MEAN, THE LOBBY BAR IS GONNA BE SORT OF IN A CORNER.
UM, CURRENTLY THE SOUND, UM, REVERBERATES BETWEEN THE TWO BUILDINGS.
UM, WHEN THEY HAVE, UM, A FEW EVENTS LIKE A WEDDING OR SOMETHING, THEY HAVE TABLES SET UP IN THE BREEZEWAY.
UM, IT CAN GET QUITE LOUD AT THE BALCONIES.
UM, I WORK, HAPPEN TO WORK OUTSIDE IN THE BALCONY, UM, UH, REMOTE WORK.
UM, SO I'M, I'M CONCERNED THAT THE LOBBY BAR, ALTHOUGH THE MUSIC IS AMBIENT, IT'S GONNA BE QUITE LOUD.
OUR BUILDING, UM, IS NOT A SOUNDPROOF BUILDING, DON'T HAVE INSULATED WINDOWS.
UM, WE ALL HAVE BALCONIES WHERE WE ENJOY THE, THE SOUTH BEACH, YOU KNOW, WEATHER.
UM, I FEEL THAT WE'RE GONNA BE GREATLY IMPACTED, UM, BY THE INCREASED, UM, VENUES THAT THANK YOU.
WHY WE PAID JOHN THE BIG MONEY
I AM NOT FULLY OR PROPERLY PREPARED TO ARGUE THE CASE ON THE MERITS TODAY BECAUSE I HAD A GOOD FAITH BELIEF THAT BEFORE NOW I WOULD'VE MET WITH HOTEL REPRESENTATIVES OR IF THIS CASE WOULD BE CONTINUED.
BUT SUBJECT TO THAT QUALIFICATION, HERE I GO.
THERE IS NO WAY IN THE WORLD TO READ WHAT IS PROPOSED HERE OTHER THAN AS A WHOLESALE MASSIVE EXPANSION.
NOT ONLY OF OUTDOOR AREAS OF OPERATION, BUT OUTDOOR HOURS OF ENTERTAINMENT DEPENDING UPON THE VENUE.
OUTDOOR ENTERTAINMENT WOULD BE PERMITTED IN ONE VENUE UNTIL 10:00 PM EVERY NIGHT, AND IN THE OTHER VENUE UNTIL 11:00 PM OR MIDNIGHT, DEPENDING UPON THE NIGHT OF THE WEEK.
I DON'T UNDERSTAND ALL THIS TALK ABOUT 10:00 PM WHEN IT WAS A CLEAR PROVISION IN MIDNIGHT PAGE FOUR OF, OF THE PROPOSED ORDER OF PARAGRAPH SIX C ROMAN NUMERAL SIX IN THAT PARTICULAR VENUE, OUTDOOR ENTERTAINMENT SHALL BE PERMITTED FROM 11:30 AM UNTIL 11:00 PM SUNDAY THROUGH THURSDAY FROM 11:30 AM UNTIL 12:00 AM MIDNIGHT FRIDAY AND SATURDAY.
SO NEVERMIND 10:00 PM EVERYWHERE.
THE HOTEL WOULD CREATE TWO WHOLE NEW VENUES FOR OUTDOOR OPERATION AND OUTDOOR ENTERTAINMENT.
THE BREEZEWAY AND THE FORMER SECOND FLOOR POOL DECK.
I HAVE GIVEN YOU PICTURES OF FIRST THE, UH, VIEW FROM OUR PARTICULAR TERRACE.
AND THE SAME IS TRUE OF MR. LAPAGE AND, UH, MR. RESNICK AND MR. MIDLAND AND MRS. BIGGER, UH, WHOM YOU'VE HEARD FROM.
UH, THE BIG SLAB ON THE RIGHT SIDE IS WHERE THE SWIMMING POOL USED TO BE.
THAT DOESN'T LOOK LIKE A SMALL VENUE TO ME.
THAT'S A PRETTY GOOD SIZE, CHUNK OF CONCRETE FOR OUTDOOR ENTERTAINMENT.
SECONDLY, JUST TO BRING THE MATTER HOME, THE SECOND PICTURE
[00:55:01]
IS A TIGHTER PHOTOGRAPH DESIGNED TO SHOW WHAT THE VIEW IS FROM THE TERRACE OF ANY OF THE PEOPLE.I HAVE NAMED FIVE OF THEM SO FAR.
AND YOU'LL SEE OUR TERRACE SET UP WITH A TABLE AND CHAIRS.
AND YOU CAN SEE THAT HUGE CONCRETE SLAB, WHICH IS GOING TO BE THE BRAND NEW VENUE FOR ONE OF THE TWO PLACES FOR EXPANDED OUTDOOR ENTERTAINMENT.
MR. LEPAGE'S FILED OPPOSITION STATED THAT ALL OUTDOOR ENTERTAINMENT SHOULD END AT 9:00 PM MR. AND MRS. MIDLAND'S FILED OPPOSITION OPPOSED ALL OUTDOOR ENTERTAINMENT.
THERE ARE MULTIPLE SAFEGUARDS THAT COULD HAVE BEEN DISCUSSED TO MAKE ANY DEADLINE WORKABLE AND ENFORCEABLE, BUT FORCING THIS HEARING ON THE MERIT PRECLUDES THE DISCUSSION OF THOSE SAFEGUARDS.
HOWEVER, SIMPLY AS ONE EXAMPLE OF A MISSED SAFEGUARD, MAY I HAVE A COUPLE MORE MINUTES CHAIR? SURE.
THE LANGUAGE QUOTE, AMBIENT LEVEL PLAYED AT A VOLUME THAT DOES NOT INTERFERE WITH NORMAL CONVERSATION.
THAT MAY BE TIME HONORED BOILERPLATE, BUT IT SURE IS NOT COMMON SENSE OF COURSE, EARTH.
WHAT ON EARTH DOES THAT MEAN? NICK, I'M SMILING AT YOU.
I KNOW THIS HAS BEEN BOILER PLAY FOR A LONG TIME AND IT'S TIME FOR A FRESH LOOK AND THIS IS A GOOD PLACE TO HAVE IT.
NORMAL CONVERSATION WHERE SUPPOSE ONE COULD SAY THAT AT A DISTANCE OF 150 FEET FROM THE SOUND SOURCE, YOU HAVE FINALLY REACHED THE POINT AT WHICH THE SOUND QUOTE DOES NOT INTERFERE WITH NORMAL CONVERSATION, UNQUOTE.
DOES THAT MAKE SENSE? I'D SUGGESTED 10 FEET SOME LIMITATION, SOME QUALIFICATION MUST BE INSERTED THERE FOR IT TO MAKE ANY SENSE OTHERWISE.
WE'RE TALKING ABOUT SOUND THAT IS SO LOUD, IT BELLOWS ALL THE WAY ACROSS THE STREET.
THE OTHER SIDE OF COLLINS AVENUE.
THE MAYOR AND COMMISSION HAVE SHOWN A PARTICULAR SENSITIVITY TO INTRUSIVE SOUND IN SITUATIONS EXACTLY LIKE THIS ONE.
JUST SLIGHTLY MORE THAN TWO YEARS AGO, THE CITY CODE'S DEFINITION OF A NEIGHBORHOOD IMPACT ESTABLISHMENT WAS EXPANDED TO INCLUDE OPEN AIR ALCOHOLIC BEVERAGE ESTABLISHMENTS WITH 200 FEET OF A PROPERTY, WHICH CONTAINS A RESIDENTIAL UNIT.
MY WIFE AND I HAVE CRUDELY WITH OUR KITCHEN TAPE MEASURED THE DISTANCE BETWEEN THE ROYAL PALM SOUTH WALL AND OUR BUILDINGS NORTH WALL.
WE FOUND A SEPARATION DISTANCE OF 39 FEET SEVEN INCHES.
THE NEW ORDINANCE SEEKS TO PROTECT RESIDENTS, EXTENDS OUT TO 500% OF THAT NUMBER.
I WANT TO RESPOND TO A COUPLE OF CARTER'S COMMENTS.
CARTER IDENTIFIES BENIGN USAGES, WEDDINGS, BAR MITZVAHS, ET CETERA, WITHOUT LIMITING LANGUAGE.
IT COULD BE A LOT MORE SUPER BOWL PARTIES NEXT YEAR'S WORLD CUP PARTIES.
MM-HMM
IS THE MANAGER ON DUTY SUPPOSED TO GO OUT AND HAVE A LITTLE VISIT WITH THE 275 POUND TAILBACK AND SAY, IT'S TIME FOR YOU ALL TO QUIT NOW BECAUSE IT'S 10:00 PM I THINK THAT'S A LITTLE MUCH TO EXPECT.
NOW WE HAVE CODE COMPLIANCE, NOW WE HAVE RESIDENTS DOWN IN THE DRIVEWAY AND WE HAVE EXACTLY THE KIND OF SITUATION WHICH SHOULD BE AVOIDED.
CARTER ALSO TALKS ABOUT THESE BEING UNFAIRLY CHARACTERIZED AS LARGE VENUES.
THE SIZE OF THE VENUE MAKES PEOPLE CAN MAKE ALL KINDS OF INTRUSIVE NOISE AND SOUND AND LOUD CONVERSATION JUST BY BEING AT THE VERY NEXT TABLE IN A RESTAURANT.
CARTER HAS SAID 10:00 PM IS EARLY IN SOUTH BEACH.
AGAIN, I REMIND YOU WE'RE TALKING ABOUT 11 AND 12:00 PM IN ONE VENUE ON CERTAIN NIGHTS OF THE WEEK.
WELL, THAT MAY BE EARLY IN SOUTH BEACH, BUT IT MAY NOT BE EARLY FOR PEOPLE WHOSE RESIDENTIAL HOME IS EXACTLY 40 FEET AWAY.
I ASK THAT YOU CONSIDER AT LEAST THESE LIMITATIONS ON WHAT IS POSSIBLE, THAT YOU LIMIT EVERYTHING UNTIL 9:00 PM THAT YOU QUALIFY THE LANGUAGE,
[01:00:02]
ALLOWING AMBIENT CONVERSATION OR ALLOWING NORMAL CONVERSATION SO THAT IT IS IDENTIFIED BY ITS NUMBER OF FEET.WE WISH TO LIVE IN PEACE WITH OUR NEIGHBOR.
THEY'RE GOOD PEOPLE AND WE BELIEVE THAT THEIR OVERALL PROGRAM IS GOOD FOR US AND GOOD FOR OUR NEIGHBORHOOD.
BUT LIVING IN PEACE AT A RANGE OF 40 FEET REQUIRES FAR MORE CONTROLS THAN IS PROPOSED BEFORE YOU TODAY.
THANK YOU MR. CHAIR AND MEMBERS.
ANYBODY ELSE IN CHAMBERS SPEAK ON THIS? OKAY.
WE'RE GONNA CLOSE THE PUBLIC HEARING.
WELL, LET, LET KEITH ASK QUESTIONS.
LET, LET ME, LET ME FIRST STATE THAT I UNDERSTAND THE GENTLEMAN OVER THERE'S POSITION FULLY.
UH, I LIVED AT CONTINUUM ON SOUTH BEACH.
WE HAD A BUILDING THAT WAS BUILT, UH, BY OUR DEVELOPER 80 FEET AWAY WITH EXACTLY THE SAME SITUATION WHERE WE HAD BALCONIES FACING A SECOND FLOOR OPEN AREA AND A RESTAURANT CALLED CHIBO.
AND IT TOOK US SIX MONTHS, UM, I THINK IT WAS LONGER GOING BACK AND FORTH WITH THE CITY AND WITH THE DEVELOPER AND CHIBO TO LIMIT THE NUMBER OF SPECIAL EVENTS TO PUT DB LIMITS AND TIMEFRAMES THAT WERE ACCEPTABLE TO US.
THIS IS NOT RIPE FOR DISCUSSION, IN MY OPINION.
THERE IS NO SUCH THING AS AMBIENT ENTERTAINMENT.
FIRST OF ALL, YOU CANNOT CONTROL THE VOLUME OF LIVE MUSIC.
A B THE NUMBER ONE ISSUE THAT I HAD AT JIBO WAS, EVEN THOUGH WE SAID YOU COULD NOT HAVE SPEAKERS, YOU COULD NOT HAVE AMPLIFIED AT ANY LEVEL OTHER THAN THE AMBIENT MUSIC PLAYED.
THEY HAD A WEDDING AND THEY BROUGHT THEIR OWN LITTLE SPEAKER.
AND WHEN YOU HAVE WEDDINGS, BAR MITZVAHS AND PARTIES, PEOPLE WANT TO HAVE SPEAKERS.
IF YOU HAVE A SPEAKER, YOU CAN'T HAVE IT WITHOUT A MICROPHONE.
IF YOU HAVE A MICROPHONE, YOU ARE WAY ABOVE AMBIENT.
YOU ARE TALKING ABOVE THE PEOPLE THAT ARE ALREADY TALKING VERY LOUD.
I HAD TO CALL THE POLICE BECAUSE THAT WEDDING WAS GOING ON AND THE SPEAKER AFTER SPEAKER AFTER SPEAKER, AND WE COULD NOT LISTEN TO OUR TV.
SO THE, THE CONCEPT OF AMBIENT WITHOUT DECIBELS, THE CONCEPT OF HAVING PARTIES CONTINUOUSLY WITHOUT SPECIAL EVENTS, WE WOULD NEVER HAVE ALLOWED THAT.
AND I, I FIND THIS OUTRAGEOUS.
ANYBODY ELSE? ANYONE TO DISAGREE? I MEAN, I KNOW WHAT HE'S LIVING THROUGH.
I MEAN, I, I JUST LIKE TO HEAR FROM THE REST OF THE BOARD.
BUT UNFORTUNATELY, BECAUSE OF YEARS OF, OF HISTORY IN THE CITY WHERE WE'VE HAD A, UM, OPERATORS, HOTELS, VENUES, WHAT YOU KNOW, THAT HAVE OUTDOOR ENTERTAINMENT AND REGARDLESS OF, UM, WHERE, WHERE THESE VENUES ARE, UM, AND REGARDLESS OF WHAT THE APPLICANTS MAY SAY, WE'RE GONNA KEEP THE VOLUME UNDER A CERTAIN LEVEL OR, OR WHATEVER THE RESTRICTIONS.
THERE'S ALWAYS THAT POINT IN TIME WHERE THE VOLUME GETS TURNED UP.
UM, THERE'S A, THERE'S A, A SPECIAL EVENT AND THERE'S A VIOLATION OF THE NOISE ORDINANCE.
AND, YOU KNOW, THEY, THEY SAY, OH, IT'LL NEVER HAPPEN AGAIN.
AND, AND IT JUST, IT SEEMS LIKE IT'S GONE ON AND ON.
WE'VE, WHEN I FIRST GOT ON THE BOARD, THERE WAS THE ISSUE OF THE GOOD TIME HOTEL.
THAT HAD NUMEROUS VIOLATIONS FOR YEARS.
UM, AND IT JUST SEEMS LIKE THE REASON HENRY'S HERE, THE REASON SO MANY OTHER RESIDENTS SPEAK UP AGAINST, UM, UM, LOCATIONS OR APPLICANTS THAT WANT OUTDOOR ENTERTAINMENT OR ANY KIND OF OUTDOOR MUSIC IS BECAUSE I THINK OVER THE YEARS, THE LACK OF ENFORCEMENT THAT THE CITY OR JUST THE CITY'S LACK OF ENFORCEMENT ON, ON THESE THINGS, WHEN SOMETHING HAPPENS, YOU KNOW, SOMEONE GETS A SLAP ON THE WRIST AND IT GOES, IT, IT JUST CONTINUES AND CONTINUES.
AND, AND EVENTUALLY MAYBE IF THINGS GET VERY BAD, LIKE THEY WERE AT THE GOOD TIME HOTEL, SOMETHING EVENTUALLY, OR MAYBE THIS BOARD OR SOMEONE FINALLY SAYS, WELL, IF IT HAPPENS AGAIN, THAT'S IT.
AND THE APPLICANT REALIZES, WELL, OKAY, I I I THINK THEY'RE SERIOUS THIS TIME AND AND I NEED TO STOP.
BUT IN RESPONSE TO THAT, THAT TO, TO ME, WHAT
[01:05:01]
YOU'RE BOTH ARE SAYING IS IT'S A BEHAVIORAL QUESTION AND AN ENFORCEMENT QUESTION.I'M NOT, WELL, WAIT, YOU GUYS, SIR, HOLD ON.
THERE ARE MANY PEOPLE THAT HAVE CCPS THAT ALLOW THIS, WHERE WE DON'T HAVE ANY PROBLEMS. CORRECT.
BUT IT'S ALSO A DEFINITIONAL PROBLEM.
YOU CAN'T HAVE AMBIENT ENTERTAINMENT WITH LIVE MUSIC.
YOU, YOU, HOW? BECAUSE IF YOU ALLOW IT, HOW ARE YOU, WHAT'S DECIBEL CONTROL ON THAT? HOW DO YOU SAY THAT TRUMPET ISN'T BLASTING TOO LOUD OR THE DRONE, TO YOUR POINT, YOU CAN'T, TO YOUR POINT, YOU CAN'T.
THERE ARE GOOD OPERATORS, BEHAVIORAL, AND THERE ARE BAD OPERATORS, OPERATOR BEHAVIORAL ISSUES.
I ASSUME THIS IS GONNA BE A GOOD OPERATOR.
I ALWAYS GO INTO SOMETHING THINKING THERE'S GONNA BE A GOOD OPERATOR.
SOMETIMES THERE'S AN EVENT AND MAYBE, YOU KNOW, IT GETS A CRAZY, BUT, BUT UNDER YOUR ARGUMENT, THEN YOU WOULD NEVER GIVE ANYBODY ELSE TO ENTERTAIN.
I'M, I'M, LOOK, I'M AMBIENT MUSIC.
LIVE MUSIC, BUT MAYBE AND CONTROLLED DECIBEL MUSIC.
THAT'S WHAT WE'VE BEEN DOING ON SINCE I'VE, WHAT THEY'RE SAYING IS, AND AND I'VE ALWAYS BEEN PUZZLED BY THIS, YOU CAN HAVE A STEREO WITHOUT A DJ YEAH.
AND PLAY CERTAIN LEVEL OF MUSIC, BUT IF THE DJS THERE PLAYING THE SAME LEVEL OF MUSIC, ALL OF A SUDDEN IT'S A CONCERN.
WELL, WHAT USUALLY HAPPENS IS YOU ALSO HAVE A DJ WITH A MICROPHONE.
WHAT YOU HAVE TO DO IS MAKE SURE YOU DON'T HAVE LIVE MUSIC, YOU DON'T HAVE MICROPHONES.
BUT AGAIN, IT BE, BUT, BUT IT'S AN OPERATIONAL ISSUE DOWN LASTED.
EVEN WITH THAT, YOU COULD, YOU DON'T HAVE TO HAVE ENTERTAINMENT.
YOU CAN HAVE JUST A, A, A, A SPEAKER SYSTEM AND THE DIAL IS TURNED UP.
AND PE DE DECIBELS THE SAME THING.
THAT'S, THAT'S AN OPERATIONAL ISSUE.
BECAUSE ALL I'M SAYING AS A BOARD, IN MY OPINION, WE HAVE TO BALANCE BETWEEN HELPING A BUSINESS SUCCEED.
AND ALL I HEAR ABOUT IS HOW BUSINESS ARE FAILING ALL OVER MIAMI BEACH AND QUALITY OF LIFE FOR THE NEIGHBORS.
AND THAT'S THE BALANCE WE HAVE TO CHALLENGE.
SO I'M, ALL I'M SAYING IS THAT IF, IF YOU CAN PLAY A STEREO AT A CERTAIN LEVEL, BUT ALL OF A SUDDEN BECAUSE THERE'S A DJ THERE OR A HARPIST PLAYING AT THE SAME LEVEL, AGAIN, ASSUMING THEY'RE OPERATIONALLY A ADHERING TO THE, TO THE CUP, I DON'T SEE A DIFFERENCE.
THE QUESTION IS, WHEN YOU HAVE AN APPLICANT, HOW, HOW DO YOU, HOW DO YOU MAKE SURE THAT THEY, THEY ABIDE BY ALL THE CONDITIONS? WELL, WE PULLED THEIR CU P'S, LIKE, LIKE, AND THAT'S WHY I'M, I'M, I'M NOT, I MEAN, I'M, I'D LIKE TO BASICALLY VOTE ON THIS TODAY 'CAUSE I KNOW HOW I'D FEEL ON THINGS.
UM, BUT, YOU KNOW, THAT'S, THAT'S JUST THE QUESTION.
AND THAT'S WHY WE'RE EVERY ISSUE, THAT EVERY APPLICATION THAT COMES IN FRONT OF US FOR ENTERTAINMENT, WE HAVE THE SAME DEBATE JUST BECAUSE OF THIS.
IF THIS, IF, IF IT WAS KNOWN IN THIS CITY THAT IF YOU VIOLATE YOUR, YOUR CUP CAUSE OF NOISE, YOU KNOW, ONE TIME, OKAY, WE CAN CHANGE SOME OF THE REQUIREMENTS, WHATEVER, BUT THE SECOND TIME AGREE, YOU LOSE YOUR, YOUR, YOUR CCP.
A I DON'T, THERE'S A, THERE'S A LACK OF FAITH FROM THE RESIDENTS AND YEAH.
AND, AND THAT'S WHY WE'RE, WE'RE, WE'RE WHERE, WHERE WE'RE AT NOW.
BUT TO THAT POINT, YOU'RE SAYING, LET ME JUST GET TO, LET ME JUST SAY ONE THING.
I KNOW HENRY, WE TALKED ABOUT GOOD OPERATORS AND BAD OPERATORS.
YOU KNOW, I GO INTO ALL OF THESE THINKING, YOU KNOW, THE OPERATOR'S GONNA BE A GOOD OPERATOR.
'CAUSE NOBODY COMES IN FRONT OF US TO SAY, WELL, I'M, YOU KNOW, I MIGHT VIOLATE THE NOISE ORDINANCE ONCE OR TWICE, BUT IT'LL BE A ONE OFF THING.
MAINLY WHAT YOU'RE ASKING FOR IS A 9:00 PM CUTOFF.
EVEN WITH THAT, YOU'RE ASSUMING THEY'RE GONNA BE A GOOD OPERATOR BECAUSE, YOU KNOW, IF THEY'RE NOT, THEN THE, THE MUSIC COULD BE LOUD BEFORE 9:00 AM NOT 9:00 PM IN OTHER WORDS, I GUESS THE POINT I'M GETTING AT IS IF IF YOU THINK THEY'RE GONNA BE A GOOD OPERATOR, THEN IN GENERAL, WHATEVER TIMES THEY WANT TO GO TO SHOULD BE OKAY.
IF YOU THINK THEY'RE NOT GONNA BE A GOOD OPERATOR, THEY SHOULDN'T HAVE THAT OUTDOOR ENTERTAINMENT PERIOD.
I DON'T KNOW HOW SCOTT, WHAT TIME AN OPERATOR.
THEY WILL BE, I ASSUME THEY WILL BE A RESPONSIBLE OPERATOR.
THE GM CANNOT BE ON DUTY 24 7.
ULTIMATELY, THIS FALLS TO THE MANAGER ON DUTY WHO'S GOT TO GO OUT THERE AND DEAL WITH A VERY HOSTILE BUNCH OF PEOPLE WHO ARE HAVING A GOOD TIME AND WANT TO CONTINUE.
THAT'S WHY ALL THIS EXPANSIVE REAL ESTATE IN THE BREEZEWAY AND ON THE FORMER POOL DECK ON THE SECOND FLOOR, CREATES SO MANY POTENTIAL PROBLEMS. IT WILL BE A NIGHTMARE FOR CODE.
IT'LL BE A NIGHTMARE FOR PEOPLE IN OUR BUILDING.
CAN YOU SAY POTENTIAL PROBLEMS? BUT WOULD YOU, ARE YOU OKAY WITH THEM, UH, GETTING SOMETHING AND MOVING FORWARD TO SEE IF THOSE PROBLEMS BECOME REAL PROBLEMS OR, OR WHAT YOU I I I WANT TO GIVE THEM THE BENEFIT OF THE DOUBT.
YES, SCOTT, I'D BE HAPPY TO SIT WITH THEM AND SAY, LOOK, WHAT REASONABLE CONTROLS
[01:10:01]
CAN WE PLACE HERE SO THAT YOU CAN MAKE SOME USE OF OUTDOOR VENUES? EVERYBODY WHO COMES HERE LOVES THE WEATHER, AND OF COURSE THEY WANT TO BE OUTSIDE WITH FRIENDS AND COLLEAGUES.WE CAN GIVE THEM SOME WAY OF OPERATING THIS UP UNTIL 9:00 PM IN ALL VENUES IN A WAY THAT SUBJECT TO RECALL HERE OR OTHER PROVISIONS.
BUT WE'VE GOTTA START WITH, ARE WE JUST TALKING BAR MITZVAHS AND WEDDINGS OR ARE WE TALKING EVEN THOSE BIG OUT OF CONTROL FOOTBALL AND SOCCER GAMES? THERE'S A LOT THAT CAN BE WORKED OUT HERE IN A WAY THAT WILL NOT HARM THEM IN A WAY THAT WILL PROTECT THE REASONABLE EXPECTATIONS OF THE PEOPLE IN MY BUILDING.
DOESN'T MAKE SENSE FOR US TO GO THROUGH THE ROUTE OF JUST SPECIAL EVENTS FOR, FOR THE FIRST, I DON'T KNOW, SIX MONTHS OF THE OPERATOR AND THEY CAN COME BACK AND THEN TRY TO CHANGE THAT TO, UH, THE ENTERTAINMENT.
FIRST OF ALL, IT GIVES SOME PREDICTABILITY FOR YOU GUYS, THE RESIDENTS, TO KNOW THE EVENTS THAT THEY'RE GONNA BE HAVING WHEN IT'S A SPECIAL EVENT, UH, WHEN THEY'RE GOING THROUGH SPECIAL EVENTS PERMITS.
I KNOW IT'S NOT IDEAL FOR THE HOTEL THE LONG TERM, BUT IF YOU'RE DOING THAT ON A, ON THE FIRST TRIAL OF SIX MONTHS BASIS, IT ALLOWS THE RESIDENTS TO BUILD CONFIDENCE.
AND IF THEY'RE NOT VIOLATING AND THEY'RE DOING THESE SPECIAL EVENTS RESPECTFULLY TO THE NEIGHBORHOOD, UM, IT BUILDS YOUR CONFIDENCE AND WE KNOW THEY'RE GOOD OPERATORS, THEN, THEN THEY CAN COME BACK IN FRONT OF THIS BOARD AND JUST TRY TO CHANGE THAT ALL OPEN FOR DISCUSSION.
I I'M JUST THROWING IT OUT THERE.
I KNOW IT'S NOT WHAT THE OPERATES IDEAL KIND OF ON CAN SIDE CONVERSATIONS.
A CONVERSATION THAT I HAD HOPED TO HAVE.
IS THAT IT'S A SUITABLE SUBJECT, NOT I'M JUST ASKING THE, UH, CITY STAFF.
IS THAT SOMETHING THAT IT CAN BE DONE WHERE WE WOULD, WHERE THEY CAN COME BACK SIX MONTHS LATER IF THEY CHOOSE TO DO SO AND CHANGE IT FROM SPECIAL ENTERTAINMENT TO A SPECIAL EVENT TO, UH, GETTING A COP FOR ENTERTAINMENT? THEY COULD CERTAINLY REQUEST A MODIFICATION.
THEY WOULD HAVE TO SUBMIT A NEW APPLICATION.
IF I, I WOULD JUST LIKE TO CLARIFY ONE THING, WHICH I THINK THERE MAY BE SOME CONFUSION OVER.
THE EXISTING CUP CURRENTLY ALLOWS FOR OUTDOOR ENTERTAINMENT AT THE GROUND LEVEL.
SO THE GROUND LEVEL POOL DECK AND GROUND LEVEL RESTAURANT.
THE SECOND LEVEL IS, IS COMPLETELY NEW.
I THINK THE SECOND LEVEL IS THE ONE THAT WE'RE MOST CONCERNED WITH.
AM I, AM I MISTAKEN? THAT'S RIGHT.
AND GENERALLY, DEBBIE, THE, UH, LARGER POOL AT GRADE, AT GROUND LEVEL, UH, HAS NOT BEEN A PROBLEM EXCEPT DURING A PERIOD WHEN PRIOR TO THIS MANAGEMENT, A DJ WAS BROUGHT IN ON SATURDAYS AND SUNDAYS AND IT WAS INTOLERABLE DJS.
AND THEN WE ALL GOT INTO THE SAME CYCLE WITH THE CODE COMPLIANCE AND THE SPECIAL MAGISTRATE.
AND THESE THINGS LIKE GOOD TIME HOTEL TAKE MONTHS TO RESOLVE AT GREAT COST AND TREMENDOUS BURDEN.
MR. KOLER, MAY I ASK A QUESTION? UM, SO GIVEN THAT, GIVEN THAT THE FIRST FLOOR HAS, IS BASICALLY GRANDFATHERED IN, CORRECT? I'M SORRY, THE BA EXCUSE ME.
FIRST FLOOR IS BASICALLY IS GRANDFATHERED IN.
IT'S THE SECOND FLOOR THAT SEEMS TO HAVE THE PROBLEM.
BUT I WOULD LIKE TO ALSO POINT OUT TO THE BOARD THAT THERE IS A 200 FOOT RESIDENTIAL DISTANCE SEPARATION BETWEEN, UH, BUILDINGS AND ENTERTAINMENT.
UM, I DIDN'T SEE ANYTHING IN HERE THAT SHOWS ANY KIND OF NOISE ATTENUATION, BAFFLING, OR ANYTHING LIKE THAT, THAT WOULD PREVENT THE NOISE FROM GOING OUT TO THE BEACH, THE BEACH WALK, UM, AND THINGS LIKE THAT.
IS THERE ANYTHING THAT, THAT, AND, AND ALSO, I HAD A QUESTION ON THE, UH, NOISE, THE SOUND, UH, ATTENUATION PLAN.
UM, IT SAYS THAT, EXCUSE ME, UM, THAT'LL BE COMPRISED OF SEVERAL SMALL TO MEDIUM SIZED LOUDSPEAKERS.
UH, AND THE NUMBER OF LARGE LOUDSPEAKERS AND SUBWOOFERS SHOULD BE KEPT TO A MINIMUM.
BUT, BUT THAT DOESN'T GIVE ME A NUMBER.
AND I WAS GOING THROUGH THE, THE PLANS AND IT'S SO TINY THAT I WAS HAVING TO USE MY LITTLE
UM, I'D LIKE TO KNOW HOW MANY SPEAKERS, UM, AND WHAT, WHAT IS TO, WHY WOULD YOU NOT JUST BE ABLE TO USE THE SECOND, I MEAN, THE GROUND FLOOR SINCE THAT'S ALREADY GRANDFATHERED IN.
AND, UM, I JUST, I MEAN, WE DO HAVE A, YOU'RE ALREADY GRANDFATHERED IN ON THE FIRST FLOOR.
THE SECOND FLOOR IS UNDER CURRENT CODE, WHICH IS 200 FEET FROM A RESIDENTIAL BUILDING.
SO I JUST HAVE THOSE QUESTIONS.
AND WHAT COULD YOU DO TO HELP THE NEIGHBORS? YEAH.
AND DID YOU DO A SOUND STUDY IN WORDS? THEY, WELL,
[01:15:01]
I'M JUST ASKING.SUBMITTED AS PART, IT'S RIGHT HERE.
THERE'S NOTHING THAT I DON'T, I CAN'T SEE HOW MANY SPEAKER NOTICE.
UM, OH, THIS, AND IF I MAY, I'D LIKE TO ADDRESS A NUMBER OF ISSUES.
'CAUSE I THINK THERE WAS SOME MISCONCEPTIONS.
I UNDERSTAND THE CONCERNS, AND MY CLIENT WILL TELL YOU THE FIRST THING I SAID TO THEM WHEN WE STARTED TALKING ABOUT THIS IS THE SECOND FLOOR POOL DECK IS GONNA BE A, A DISCUSSION.
WE KNEW THAT FROM THE BEGINNING.
SO COUPLE THINGS AND YOU HAVE TO, IT'S A LENGTHY ORDER.
IT'S GOT A LOT OF WORDS IN IT, BUT YOU REALLY NEED TO WORK THROUGH IT BECAUSE THERE'S SOME VERY IMPORTANT THINGS THAT STAFF BASED ON OTHER NOW'S FAIRLY STANDARD LANGUAGE, INCLUDING IN THIS ORDER THAT DO A LOT TO ADDRESS THE CONCERNS FIRST.
AND I WILL SAY ON THE RECORD, WE'LL AGREE NOT TO INVOLVE, USE SUBWOOFERS IN THESE AREAS.
I HAVE NO, NO PROBLEM WITH THAT BECAUSE I'VE BEEN INVOLVED IN A NUMBER OF 'EM IN A NUMBER OF PROPERTIES.
THE SUBWOOFERS ARE THE PROBLEM.
BECAUSE AT THAT LOW LEVEL MM-HMM
IT'S HIGH ENERGY AND IT TRAVELS.
WHEN YOU GET ABOVE THAT LEVEL, YOU CAN STILL CREATE A, A VERY NICE AMBIENCE AND PLAY REALLY GOOD MUSIC, BUT YOU DON'T, WITHOUT, AND IT DOESN'T TRAVEL AS MUCH THE WHOLE, SO THERE IS A CONDITION IN THE ORDER THAT REQUIRES THAT THE SOUND SYSTEM BE MULTIPLE SPEAKERS, SMALL DISPERSED SPEAKERS.
BUT HOW MANY, HOW MANY, YOU DON'T KNOW THAT UNTIL YOU GET IN THE FIELD.
WELL, YOU DO THOUGH, BECAUSE WE'VE HAD CASAD, UH, NOT CASAD ON, UM, UM, DONATELLA, UM, WHICH PROVIDED US AN EXACT LOCATION OF WHERE THOSE SPEAKERS WERE GOING TO BE.
I MEAN, I'M SORRY, IT'S JUST, MAYBE I'M BLIND TO SAY
SO I I, AND I APPRECIATE THAT.
BUT I THINK THE, THE, WELL, LET ME CONTINUE WITH THE OTHER END.
ONCE WE PUT THE, WE WILL NOT ALLOW, AND THE ORDER DOES NOT ALLOW US TO ALLOW ANY EXTERNAL SPEAKERS, PERIOD.
IT HAS TO BE IN OUR CONTRACTS WITH ANYBODY WE SIGNED FOR A VENUE.
THEY ARE NOT, THEY ARE LIMITED SOLELY TO THE HOUSE SYSTEM.
ALL OF IT, WHETHER IT'S ACOUSTIC OR NOT, THEY HAVE TO, THEY CAN ONLY USE THE SYSTEM THAT'S IN PLACE.
THAT SYSTEM AS INSTALLED WILL BE TESTED WITH THE CITY.
AND CANDIDLY, WE'RE NOT ADVERSE TO HAVING OTHER PEOPLE BE PART OF IT AS LONG AS IT DOESN'T BECOME A PARTY.
I MEAN, I CAN'T HAVE 35 DIFFERENT OPINIONS ABOUT
IN FACT, IF THEY WANT US TO, AND THEY WILL PROVIDE ACCESS, WE'LL RUN SOME TESTS OFF THEIR BALCONIES.
I CAN'T DO THAT UNLESS THEY SAY YES.
BUT WE WILL DO THAT IF THEY ASK.
AND WE'RE WILLING TO PUT THAT AS A CONDITION IF THEY PROVIDE ACCESS.
IT'S GOTTA BE, YOU KNOW, SOME RATIONAL PATTERN.
I'LL JUST THINK THERE NEEDS TO BE SOME SOUNDPROOFING TO, TO THE SOUNDPROOFING.
THE ANSWER IS WHEN WE INSTALL THE SYSTEM, WE THEN PLAY MUSIC THROUGH IT.
WE THEN ADJUST THE SYSTEM TO THE PHYSICAL SETTING OF WHERE THAT PARTICULAR SOUND SYSTEM IS.
BUT SOUNDPROOFING IS STILL SOUNDPROOFING.
IT STILL IS A, IS A, IN AN OUTDOOR AREA.
I MEAN, I, I DON'T, I COULD BE MORE OUTDOOR.
I'M NOT A SOUNDPROOF EXPERT, BUT I THINK, YOU KNOW, EVEN IF YOU PUT SOME WALLING AND GREENS AND ALL THE REST TRAVEL, THE MUSIC TRAVELS OUT.
AND HAVE YOU HAVE EVERYONE ELSE TESTING? I MEAN, IF WE DO TESTING AND WE DON'T MEET THE REQUIREMENTS OF THE STUDY WITH THE CITY'S APPROVAL BEFORE WE LOCK IT DOWN, WE WILL INSTALL ADDITIONAL ACOUSTICAL PANELS IF WE NEED TO.
BUT WHO'S GONNA DECIDE IF WE NEED TO, THOSE BECOME, THOSE BECOME A MAINTENANCE ISSUE.
AND I DON'T WANT TO CREATE A MAINTENANCE ISSUE FOR YOU OR FOR US.
WE DON'T KNOW THAT THEY'RE NECESSARY UNTIL THE SYSTEM IS IN PLACE AND OPERATIONAL, AND WE CAN ALL LITERALLY SEE AND HEAR WHAT IT SOUNDS LIKE.
CAN WE, CAN WE PUT THAT AS THOSE SYSTEMS AS REQUIRED BY THE ORDER HAVE TO BE ADJUSTABLE SO THAT YOU CAN ADJUST THE VOLUME ON EACH INDIVIDUAL SPEAKER OR EACH ARRAY SO THAT YOU CAN TEST AND YOU CAN ADDRESS THE WAY THAT OPERATES TO THE PHYSICAL SETTING? I, I KNOW THIS SOUNDS CRAZY, BUT UNTIL YOU GET OUT THERE IN THE REAL WORLD, PUT THESE SPEAKERS SYSTEMS IN AND TEST THEM, WE CAN TELL YOU ALL DAY WHAT IT'S GONNA MEAN.
UNTIL YOU'VE WELL, I, I THINK, AND, AND YOU POINT IS WELL TAKEN, AND THAT'S BEEN ONE OF MY ISSUES THIS FOR A LONG TIME, ESPECIALLY, YOU KNOW, GIVEN OUR EXPERIENCES WITH THE GOOD TIME HOTEL, IS THAT ONCE WE GRANT THE ENTERTAINMENT AND THE PERMISSION, IT PUTS THE ONUS ON THE RESIDENTS TO HAVE TO NOT ONLY FILE COMPLAINTS, GET THOSE COMPLAINTS UPHELD, HAVE THOSE COMPLAINTS APPEALED TO THE MAGISTRATE, AND
[01:20:01]
THE MAGISTRATE HAS TO GRANT THEM FOR US, EVERYBODY TO FEEL REAL COMFORTABLE TO MODIFY THOSE CONDITIONS.BUT THEN, HOLD ON, ADDRESS THAT THE, THE, WHAT I THINK IS THE BETTER WAY TO DO IT IS GET YOUR, GET THE SETUP, YOU KNOW, HAVE THE ONUS ON YOU ALL TO PROVE YES.
AND ENTERTAINMENT CAN BE HAD THERE WITHOUT UNREASONABLY DISTURBING THE NEIGHBORS, WHICH I THINK YOU'RE, DO, YOU'RE TALKING ABOUT IN TERMS OF THE TESTING, BUT WHERE DO WE, YOU KNOW, THE CITY HAS TO APPROVE THE INSTALLATION AND THE VOLUME.
BUT THE WAY THAT IT WRITTEN, THE WAY THAT IT'S WRITTEN, THE WAY THAT IT'S WRITTEN, IT'S VAGUE IN TERMS OF, AND IT, YOU KNOW, IT'S NOT YOUR FAULT THAT IT'S VAGUE, BUT IT, IT'S, YOU KNOW, IF YOU DO TEST ON THE BALCONIES OF THE RESIDENTS AT 1500, WHICH IS A GREAT IDEA, AND I HOPE THAT THE RESIDENTS WILL TAKE YOU UP ON THAT OFFER, MR. SELLER.
UM, SO, UH, HERE, WE, I'VE BEEN AT THIS FOR A LONG TIME, AND SO, SO YOU KNOW, THEN, OKAY, SO SAY THERE IS MUSIC THAT CAN BE HEARD ON THEIR BALCONIES.
THEN WHAT, YOU KNOW, IT'S NOT JUST HEARD, IT'S, IT, YOU KNOW, IT'S GOTTA BE DISTURBING, IF YOU WILL.
SO THE ANSWER IS IF, IF THAT'S A PROBLEM, WE HAVE TO GO BACK AND WE HAVE TO ADJUST THE SYSTEM SO THAT THERE ISN'T A VIOLATION BEFORE THE CITY WILL APPROVE IT AND WE CAN GET A BTR TO OPERATE THESE, THESE VENUES.
WELL, SO, AND SO, I GUESS IT'S A QUESTION I HAVE FOR THE CITY, WHICH IS WHAT ARE, WHAT WILL, UM, SHE'S BUSY.
SO LET ME, LET ME, I, I HAVE A, I HAVE A COUPLE OTHER THINGS THAT I WANT TO ASK ABOUT IN TERMS OF SPECIAL EVENTS.
HOW, LIKE, WHAT ARE THE, ARE THEY ALLOWED SPECIAL, SPECIAL EVENTS PERMIT TAKES 60 TO 90 DAYS TO GET ISSUED? THAT'S MY MY QUESTION.
MY QUESTION IS, HOW MANY ARE THEY ALLOWED TO HAVE? AND ARE THERE, ARE THEY ALLOWED TO GO ABOVE THE CAPACITY, UH, OF, YOU KNOW, PEOPLE AND ALSO IN TERMS OF MUSIC, CAN THEY GO ABOVE AMBIENT FOR A SPECIAL EVENT? SO YES, THAT'S ALL UNDER THE DISCRETION OF THE, OF THE SPECIAL, UH, EVENTS.
THE CULTURE OR DEPARTMENT WHO, UM, AND THE CITY MANAGER.
SO IT'S ALL AT THE DISCRETION OF THE CITY, WHETHER OR NOT TO ISSUE SPECIAL EVENTS.
BUT THEY ARE CUSTOMARILY ALLOWED UP TO 12 PER CALENDAR YEAR.
THEY ARE PERMITTED TO EXCEED, UM, THE SOUND LEVELS PROVIDED IT'S NOT A PROHIBITED SOUND LEVEL IN THE, IN THE, UM, ZONING DISTRICT.
SO IF ENTERTAINMENT WAS PROHIBITED IN THE ZONING DISTRICT, THEY WOULD NOT BE ABLE TO HAVE ENTERTAINMENT AS PART OF A SPECIAL EVENTS PERMIT.
BUT IN THE CASE OF MXE, IT WOULD BE ALLOWED.
UM, BUT IF IT'S NOT, THEY'RE NOT ALLOWED TO EXCEED THE FIRE DEPARTMENT OCCUPANCY.
UM, FOR A SPECIAL EVENT, THEY COULD EXCEED, FOR EXAMPLE, UM, THE OCCUPANCY OF A CUP POTENTIALLY OR ON A BUILDING PERMIT, BUT NOT THE FIRE OCCUPANCY WOULD HAVE TO BE HELD.
BUT IF, IF THE CUP SAYS NO, UM, NO ENTERTAINMENT ABOVE AMBIENT LEVELS, COULD A, UH, COULD A, A SPECIAL EVENTS PERMIT COULD ALLOW THAT POTENTIALLY.
HOWEVER, THE, UM, YOU KNOW, THE STAFF DOES WORK CLOSELY WITH THE SPECIAL EVENTS OFFICE TO ADVISE THEM OF ANY RESTRICTIONS IN THE CUP.
UM, BUT POTENTIALLY FOR A SPECIAL EVENTS PERMIT THAT COULD BE ALLOWED.
IS THAT DAYS, AND THAT'S THE, THE, THE BOARD COULD IMPOSE A STRICTER, UH, REQUIREMENT ON, ON THE APPLICANT THAT WOULD APPLY TO SPECIAL EVENT PERMITS.
AND HOW DO YOU, YOU, CAN YOU CONFIRM 60 TO 90 DAYS TO GET A SPECIAL PERMIT? I'M NOT EXACTLY SURE.
I THINK IT DEPENDS WHETHER IT'S A HIGH IMPACT PERIOD OR NOT, BUT I DON'T THINK IT TAKES THAT LONG.
THERE IS A COURTESY NOTICE THAT IS PROVIDED TO RESIDENTS FOR A SPECIAL EVENT PERMIT APPLICATION, BUT THAT SEEMS VERY LENGTHY.
SO WE'RE THINKING WHAT USUALLY 30 DAYS? I WOULD ASSUME IT'S AT LEAST 30 DAY.
I, I JUST WANT TO KNOW HOW YOU FEEL.
CAN I, I, I, I WANT TO, SORRY, CONTINUE.
I HAVE A WHOLE, I HAVE A WHOLE LIST AND I WANT, I KNOW WE WANT TO GET THROUGH THIS
UM, SO THE, WHEN THEY COME TO YOU WITH THEIR SOUND STUDY AFTER EVERYTHING'S BUILT AND THEY COME TO YOU TO GET APPROVAL OF THEIR SOUND SYSTEM, THEY COME TO, THEY ALSO PART OF THAT, THEY WORKED WITH 1500, THEY HAVE A, YOU KNOW, THE DECIBELS OF WHAT CAN BE HEARD AT AT 1500.
MAYBE YOU GUYS ARE OUT THERE LISTENING.
WHAT IS YOUR CUTOFF FOR? WHAT'S REASONABLE AND UNREASONABLE FOR THEM? AND, YOU KNOW, IF THEY WERE TO START HAVING A DAYTIME POOL PARTY, EVERY SINGLE OR NOT POOL PARTY, A DECK PARTY, UH, EVERY SINGLE DAY, AND HAVE MUSIC THAT CAN BE HEARD ON THEIR BALCONIES EVERY SINGLE DAY.
WHAT IS REASONABLE TO YOU? WHAT, WHAT WILL BE APPROVED? WHAT WON'T BE APPROVED? WELL, I MEAN, IF THE MUSIC CAN BE HEARD TO THAT EXTENT IN, IN A NEIGHBORING ADJACENT BUILDING, THAT WOULD NOT BE REASONABLE AT ANY POINT, WHETHER IT'S ONCE A, A MONTH
[01:25:01]
OR, OR 30 DAYS A MONTH.I WOULD ALSO ADD THE PURPOSE OF THE SOUND STUDY IS, IS TO ENSURE THAT THE APPLICANT IS COMPLYING WITH WHATEVER CONDITIONS THE BOARD IS IMPOSED.
RIGHT? SO IF YOU SAT AS YOU HAVE ON OTHER APPLICATIONS, UM, A STRICTER NOISE, UH, CONDITION, UM, THEN THE SOUND STUDY WILL, WILL NEED TO BE, WILL NEED TO BE DESIGNED TO ENSURE THAT THE APPLICANT WILL COMPLY.
I'D LIKE TO SEE WHERE THE NEWSPAPERS ARE LOCATED.
LIKE WHAT, LIKE WHAT, WHEN YOU SAY STRICT, LIKE THE BOARD DID WITH, UM, WITH THE GOOD, WITH THE GOOD TIME HOTEL, FOR EXAMPLE, LIKE HEARD INSIDE THE UNIT COULD NOT BE PLAINLY AUDIBLE, CORRECT.
UH, AT THE CORNER, FOR EXAMPLE, BUT THEN IT ALL COMES BACK DOWN TO AN OPERATIONAL ISSUE.
WHY IS THAT AN OPERAT? NO, BECAUSE I THINK THAT THEY HAVE TO ADHERE, THEY IMPOSING, THAT'S ALL I'M SAYING.
IF I MAY, THERE'S SOME OTHER CONDITIONS THAT I THINK ARE IMPORTANT TO UNDERSTAND.
ONE IS, YES, THE CITY HAS TO PHYSICALLY COME OUT AND AGREE THAT THE SYSTEM WORKS THE WAY IT'S SUPPOSED TO.
TWO, THERE'S A REQUIRED REPORT BACK TO YOU AT SET AT 90 DAYS AT THE MOMENT, AFTER ISSUANCE OF THE BTR, THAT'S WHAT'S IN THIS ORDER RIGHT NOW, WE HAVE TO COME BACK FOR A PROGRESS REPORT.
WHERE ARE THE SPEAKERS? WHERE ARE, WHERE'S THE PLAN THAT SHOWS WHERE THE SPEAKERS ARE LOCATED ON THAT DECK? I WAS TOLD IN FROM THE PEOPLE WHO PRODUCED IT, THAT THERE ARE THREE SPEAKERS PROPOSED FOR THAT DECK THREE.
SO I, I'D LIKE TO SEE THAT PLAN.
UM, SO I, I HAVE A COUPLE OTHER SMALL VERSIONS.
DID DEBRIS, DID WE BRING THE ANSWERS THE DOOR? UM, I, BUT AGAIN, OKAY.
AND I DON'T WANNA MINIMIZE THE CONCERN.
LET'S SAY WE SAID WE WERE GONNA HAVE SIX SPEAKERS AND WE TEST IT AND THEY CAN CLEARLY HEAR IT, IT'S CLEARLY AUDIBLE ON THEIR BALCONY.
WE EITHER HAVE TO REMOVE OR REDUCE THE VOLUME ON THOSE, WHETHER IT'S THREE, SIX, OR 12.
AND MY EXPERIENCE ON OTHER PROPERTIES IS THE MORE SMALL SPEAKERS YOU HAVE, THE BETTER OFF YOU ARE.
BECAUSE IT, THEY, THEY'RE SMALL DOWN LOCALLY, NOT AT, NOT AT DISTANCE.
SO THE MORE SPEAKERS THERE ARE, THE BETTER OFF, THE BETTER THE SYSTEM OPERATES TO LIMIT OVER OVERFLOW OR OVER SPILL, IF YOU WILL.
I, I GUESS ONE, ONE CONCERN I HAVE IS IF NUMBER IN TERMS OF THE ENTERTAINMENT, YOU, I DON'T THINK, NUMBER ONE, I DON'T THINK THERE'S ANYTHING IN HERE RESTRICTING PERCUSSION.
AND I THINK THERE, I THINK THERE SHOULD BE, OR IS THERE? I DON'T THINK SHOULD, IT DOESN'T SAY SPECIFICALLY, BUT IT DOES.
I, I, I MEAN, I THINK, HERE'S THE PROBLEM.
A A DRUM SET IS NOT GONNA, IS TECHNICALLY ENTERTAINMENT.
IT'S NOT CONNECTED TO A SPEAKER.
NICK? I WOULD NOT RECOMMEND DISTINGUISHING BETWEEN TYPES OF, OF INSTRUMENTS.
I THINK, UM, WE SHOULD REALLY STAY FOCUSED ON, ON VOLUME LEVELS.
THE, THE, THE, THE, THE STANDARDS THAT ARE IN OUR NOISE ORDINANCE THAT THE BOARD HAS RELIED ON, UM, THE LOWEST IS PLAINLY AUDIBLE.
THE IN, FOR EXAMPLE, IN THE NOISE ORDINANCE AFTER 11 O'CLOCK, IF NOISE IS PLAINLY AUDIBLE AT A DISTANCE OF A HUNDRED FEET, THERE'S A, THERE'S A, THAT IS A PRIMA FACIE CASE OF A VIOLATION OF THE NOISE ORDINANCE.
UM, THE, THE, THE, YOU KNOW, FOR EXAMPLE, AMBIENT, AMBIENT LEVEL IS A LEVEL THAT DOES NOT INTERFERE WITH, WITH NORMAL CONVERSATION.
UM, OTHER THAN THAT, IT WOULD JUST BE THE THRESHOLD AND THE NOISE ORDINANCE PRIOR TO 11 O'CLOCK, WHICH IS, IS IT, YOU KNOW, UNNECESSARILY OR UNREASONABLY LOUD.
UH, BUT I THINK, YOU KNOW, I, I DON'T, I DON'T KNOW, YOUR DECISIONS HERE HAVE TO BE BASED ON THE CONDITIONAL WHOSE CRITERIA IN THE CODE.
I WOULD RECOMMEND, UM, HEWING MORE CLOSELY TO THE NOISE STANDARDS THAT OUR CODE COMPLIANCE DEPARTMENT IS.
IS, YOU KNOW, IS USED TO ENFORCING THAT.
SO I GUESS I, RIGHT, SO MY, YOU KNOW, I TALKED ABOUT THE ON IS ON THE RESIDENCE.
WHERE I FEEL IS THE SAFER WAY TO DO THESE THINGS IS TO SAY, TO START IT OFF WITH, IT SHOULD NOT BE PLAINLY AUDIBLE FROM THEIR UNITS AND OR FROM WHEREVER.
THEN IF IT CAN BE PROVEN THAT IT CAN, YOU KNOW, ONCE IT'S ALL SET UP, IT CAN BE DONE IN A WAY, OR IT'S NEGOTIATED BETWEEN THE BUILDING, YOU KNOW, THE, THE NEIGHBORING BUILDING AND THEM THAT THEY WANT TO GIVE THEM A FEW NIGHTS A WEEK WHERE IT'S PLAINLY AUDIBLE OR CERTAIN TIME PERIODS THAT IT'S PLAINLY AUDIBLE.
THAT'S, THAT'S TO ME IS MORE PALATABLE THAN TO STARTING OFF WITH, YOU CAN DO ENTERTAINMENT PLAINLY, AUDIBLE IS NOT UNREASONABLE, AND THEN YOU HAVE TO COME BACK AND MODIFY AND EVERYTHING.
I'D RATHER COME BACK AND MODIFY IT TO GIVE THEM MORE LEEWAY ONCE WE SEE THEY'RE SET UP TO, TO THAT IN A WAY THAT WON'T DISRUPT THE RESIDENTS.
BECAUSE I WILL POINT OUT THEY DID HAVE SEVERAL
[01:30:01]
NOISE VIOLATIONS, COMPLAINTS, WARNINGS, WHATEVER THEY WERE MM-HMMAND THAT TO ME IS AN IMPORTANT THING.
IT, IT, IT MEANS THAT THIS IS NOT A PROPERTY THAT, YOU KNOW, UH, I MEAN, ONE THING'S A MANAGEMENT THING, BUT THE OTHER THING IS IN TERMS OF THE LOCATION, IT'S CLEARLY NEARBY IT'S 200 FEET, YOU KNOW, UH, IT'S WITHIN TWO FEET NEARBY RESIDENTS THAT IT'S GOING TO DISRUPT IT.
SO, JONATHAN, JUST SO I UNDERSTAND, SO YOU'RE, YOU'RE SUGGESTING INSTEAD OF DOING THE AMBIENT LEVEL THAT WE GO FOR PLAINLY AUDIBLE, CORRECT? WELL, I THINK IT, I THINK IT'S PROBABLY BOTH NOT SAYING, RIGHT? YEAH.
AND LOOK, I, I MEAN THERE CAN BE, THAT'S PART OF THE RE YOU KNOW, ONE OF THE ISSUES OF, YOU KNOW, WE, I WOULD LOVE TO HAVE MORE DISCUSSIONS AMONGST THEM BECAUSE THERE MIGHT BE PARTS OF THE BUILDING THAT IT CAN BE PLAINLY AUDIBLE THAT THEY DON'T CARE.
YOU KNOW, THE PEOPLE WHO LIVE CLOSEST MAYBE DON'T, WON'T CARE AS MUCH.
UM, YOU KNOW, CERTAIN RESIDENT, YOU KNOW, AND SO PLAINLY AUDIBLE FROM CERTAIN AREAS.
UM, YOU KNOW, I, I DON'T KNOW.
I MEAN, I DEFER TO STAFF WHAT THEY THINK.
UM, I, I HAVE A, I DO HAVE A QUESTION ABOUT THE LOBBY, THE OPEN AIR.
LIKE, SO IS THE, AM I CORRECT THAT THE, YOU SAID YOU CAN'T CLOSE THE LOBBY BE BAR BECAUSE OF THE FAR ISSUE? THAT'S CORRECT.
WE CAN'T ENCLOSE THAT SPACE, RIGHT.
BECAUSE WE ARE AT THE MAXIMUM FAR THAT ALLOWED FOR THE PROPERTY GOING BACK TO WHEN IT WAS BUILT.
SO, BUT WE CAN, AND OUR PLANNING TO PUT A COVER OVER IT, NOISE ATTENUATION, IT WON'T STOP ALL THE NOISE.
BUT AGAIN, I, I WANT TO GO AND MAYBE THINK ABOUT SEPARATING THE VENUES.
IT'S ON THE GROUND LEVEL,
IT IS ENCLOSED ON THREE SIDES BY STRUCTURES THAT ARE NO LESS THAN 40 PLUS FEET TALL.
WELL, I JUST WANNA MAKE, LOOK, I'M NOT, I'M NOT TAKING TOO MUCH ISSUE WITH THAT.
WHAT I, WHAT I GUESS WAS WONDERING, YOU KNOW, WHAT TO, YOU'RE ALLOWED TO HAVE 5:00 AM ENTERTAINMENT IN THE LOBBY.
AND SO I'M NOT TRYING TO TAKE ISSUE WITH THAT.
I GUESS THAT, THAT WAS MY QUESTION.
UM, BUT EXCUSE ME, TO THAT POINT, MR. FRIEDEN, THAT BREEZEWAYS EXPOSURE TO US FROM THE STANDPOINT OF NOISE SHOULD NOT BE MINIMIZED.
WE HAVE HAD SPECTACULAR PROBLEMS. IT CAN BE SURROUNDED BY 100 FOOT WALLS, THAT MUSIC AND ENTERTAINMENT WHEN IT'S BEEN EXCESSIVE WAFTS.
WELL, WELL, I THINK THAT'S A A A POINT WE'LL TAKE IN IS THAT THAT SHOULD, ESPECIALLY WHEN IT'S CONTAINED IN THAT AREA, SHOULDN'T BE PLAINLY AUDIBLE TO THE NEIGHBORING PROPERTY, UM, TO THE, TO THE NEIGHBORS.
UM, THE, UM, I DO, I WOULD LIKE TO ADD A PROVISION LIKE WE'VE DONE IN THE PAST WHERE THE RESIDENTS BE GIVEN A PHONE NUMBER, A DIRECT PHONE NUMBER TO THE MANAGER ON DUTY AT THE TIME.
IT, IT'S IN THE ORDER AND WE IT'S IN THE ORDER.
UM, UM, AND JUST FOR YOUR BENEFIT OF YOUR CLIENTS, I MEAN, I, I WANT YOU, AND I THINK YOU DO UNDERSTAND THE, THE BALANCE WE'RE TRYING TO ACHIEVE HERE.
I ABSOLUTELY DO BECAUSE, YOU KNOW, YOU CAN'T, YOU KNOW, HAVE ALL THIS AT THE EXPENSE OF THE NEIGHBORS, AND YET I DON'T WANT THE NEIGHBORS TO BE UNREASONABLE IN THEIR OPPOSITION 'CAUSE I WANT YOU TO SUCCEED.
AND THAT'S ALWAYS WHAT WE'RE TRYING TO DO HERE.
THE, UH, THE, AND THERE'S PTSD BECAUSE OF THE GOOD TIME.
'CAUSE WE HAD SO MANY PROBLEMS WITH THEM, THAT EXISTENCE.
BUT I, I THINK IF YOU, IT'S MORE THAN A GOOD TIME.
THE, THE 90 DAYS, I'M JUST USING THEM AS AN EXAMPLE.
SO IT'S ALSO 200 FEET WITHIN, IT'S ALSO WITHIN 200 FEET OF A RESIDENTIAL BUILDING.
AND I, YOU KNOW, WHILE YOU CAN HAVE IT ON THE FIRST FLOOR, IT'S THE SECOND FLOOR THAT WE'RE REALLY TALKING ABOUT NOW, UM, I DON'T UNDERSTAND WHY WE DON'T HAVE A A SPEAKER PLAN.
I DON'T UNDERSTAND WHY YOU'RE NOT WILLING TO PUT UP ANY KIND OF NOISE BAFFLING.
UM, ESSENTIALLY THE BREEZEWAY BECOMES A REVERB CENTER.
BUT I THINK THEY'RE, THEY'RE GONNA HAVE TO, YOU KNOW, THEY'RE GONNA HAVE TO BECAUSE THEY'RE GONNA END UP GETTING NOISE COMPLAINTS IF THEY DON'T DO ALL THAT STUFF.
BUT, BUT WHY NOT DO IT AHEAD OF TIME? BUT THAT'S THE CAR AFTER THE NOISE.
WELL, I THINK THEY DO HAVE NOISE, NOISE ATTENUATION, LIKE BY THEY'RE HAVING SMALL SPEAKERS.
YEAH, BUT THERE'S NOTHING, THERE'S NO, THERE'S NO, THERE'S NOTHING THAT, I MEAN, I'M LOOKING AT THIS RIGHT NOW AND YOU KNOW, CODE IS CODE AND CODE IS 200 FEET OF A RESIDENTIAL BUILDING.
THAT'S A TELEPHOTO LENS FOR WHAT IT'S WORTH.
NO, THAT'S A WHAT? NO, THAT'S, THAT'S, YOU DIDN'T ZOOM IN ON YOUR PHONE.
SECONDLY, I DIDN'T HEAR WHAT HE SAID WITH AN OLD FASHIONED CAMERA.
SO, SO THEN THE OTHER, ONE OTHER THING.
I WOULD WANT THE 90 DAY, YOU KNOW, PROGRESS REPORT TO BE DURING THE PEAK SEASON.
UM, YOU KNOW, SO WE DON'T END UP, YOU KNOW, AT SOME POINT OVER THE SUMMER, ALTHOUGH IT IS, WHETHER, WHETHER INTENTIONAL OR OR NOT, YOU'RE GOING TO GET, I BELIEVE THE BEST
[01:35:01]
TEST YOU COULD POSSIBLY ASK FOR.AND HENRY'S REFERRED TO IT WITHIN THAT 90 DAYS.
THE WORLD CUP WILL HAPPEN IN MIAMI.
LOOK, IF WE, IF WE ARE IN COMPLIANCE WITH THAT REQUIRE, WITH THOSE REQUIREMENTS THROUGH THE WORLD CUP, I ASSURE YOU WE WILL ALWAYS BE IN COMPLIANCE.
I MEAN, LET'S SAY ONE OF THE TEAM'S GROUPS COMES AND STAYS IN THIS HOTEL.
I CAN'T STOP THEM FROM BEING LOUD, SITTING ON THE POOL DECK.
BY THE WAY, THE ORDER DOES NOT ALLOW THEM TO BRING THEIR OWN RADIO OR ANY BOOM BOXES OR ANYTHING ELSE UNDER THE PROPERTY.
IT SPECIFICALLY SAYS THAT IF AN INDIVIDUAL WANTS, WANTS, YOU KNOW, MUSIC, THEY HAVE TO USE HEADPHONES.
I MEAN, THERE'S THE, I I SUSPECT YOU'VE NOT HAD THE TIME TO GO THROUGH, BUT THIS ORDER HAS A LOT OF CONTROLS IN IT.
WE'RE NOT LOOKING TO BE A PROBLEM.
IF YOU GO BACK A FEW YEARS, THERE WERE PROBLEMS. BUT IF YOU LOOK AT THE STAFF REPORT, THE LAST NOISE ISSUE WAS IN 2023.
THAT WAS FOR THE WHITE PARTY UNDER A SPECIAL EVENTS PERMIT.
AND THEY WERE CITED FOR A VIOLATION AT 7:00 PM BECAUSE THEY VIOLATED THEIR SPECIAL EVENTS PERMIT.
IT WAS PART OF THE CITYWIDE WHITE PARTY EVENT.
AND THEY, THE OPERATOR APOLOGIZED TO OUR HOTEL FOR ALLOWING IT TO HAPPEN.
I CAN'T SAY IT DIDN'T HAPPEN, BUT IT HASN'T HAPPENED.
WAS 23, YOU SAID 2023 IS THE LAST VIOLATION? THAT'S CORRECT.
WELL, IT IS BEEN CLOSED FOR RENOVATIONS FOR THE LAST SIX MONTHS.
BUT I THINK THAT, AND IT'S A DIFFERENT OPERATOR.
WE HAVE A DIFFERENT OPERATOR ON SITE.
ROYSTON HAS, I MEAN, WE'VE TALKED ABOUT IT.
ROYSTON HAD NUMEROUS CONVERSATIONS WITH THE BOARD.
FOR WHAT IT'S WORTH, THE BOARD SIMPLY SAID, WE DON'T WANT TO TAKE A POSITION 'CAUSE WE DON'T WANT TO CREATE FRICTION WITHIN OUR BUILDING.
OTHERWISE, I THINK WE WOULD'VE HAD THEIR SUPPORT.
AND ONE OF THE OBJECTORS, MR. LARA IS A, IS A BOARD MEMBER.
I I WANT TO PROFFER A SUGGESTION TO MAYBE LET US ALL MOVE FORWARD.
WE WOULD GIVE UP THE ENTERTAINMENT ON THAT SECOND FLOOR LEVEL.
WE WOULD GIVE UP THE RIGHT TO FOR ENTERTAINMENT ON THAT SECOND FLOOR LEVEL.
WELL, THAT WOULD SOLVE A LOT, HUH? THAT'S INTERESTING.
YOU AND LIMITED TO THE FIRST FLOOR.
I WOULD ALSO SAY TODAY, AS YOU'VE CORRECTLY SAID, WE'RE ALLOWED TO HAVE ENTERTAINMENT AND MUSIC UNTIL 11:00 PM FIVE DAYS A WEEK.
UNTIL MIDNIGHT, TWO DAYS A WEEK.
AND YOU DON'T SEE A HISTORY OF VIOLATIONS HERE.
I'M NOT EVER GONNA SAY THERE WERE NO VIOLATIONS.
SO WHAT YOU'RE, WHAT YOU'RE OFFERING IS PIPED IN MUSIC WITH A DB LIMITER AND NO ENTERTAINMENT.
NO ONE LIED, LOOKS LIKE LOVE WITH A DRAMA, A HARP, A PIANO OR A SINGING, NO SUBS, MICROPHONE, NO SUBS.
THAT'S, THAT'S WHAT I WAS HOPING TO SEE IN THERE.
THAT'S WHAT REASONABLE, WHEN YOU LIVE THAT CLOSE THAT THIS COULD DONE WITH WITHOUT, DOES THAT INCLUDE SPECIAL, SPECIAL EVENTS OR YOU'RE YEAH, WE CERTAINLY NEED TO BE ABLE TO HAVE SPECIAL EVENTS THERE, BUT WE DON'T NEED ADD, ADD ENTERTAINMENT.
WOULD YOU AGREE TO NO SUB WOOFERS ANYWHERE OUTSIDE THE BREEZEWAY IS EVERY BIT AS MUCH A PROBLEM.
I UNDERSTAND THAT, BUT, UH, WE'VE HAD THE EXPERIENCE.
WE KNOW IT, BUT THAT'S ALREADY, IT'S ALREADY HAPPENING.
AND IF THEY DO SOME ATTENUATION, SOME FURTHER ATTENUATION THAT WOULD, THAT WOULD ALLEVIATE SOME OF THOSE.
BUT YOU, YOU DID SAY THAT YOU WOULD HAVE NO SUBS.
YES, I HAVE NO PROBLEM WITH US LIMITING SUBWOOFERS.
WE WE'RE, WE CAN MAKE THE SYSTEM WORK WITHOUT THEM.
AND I UNDERSTAND THE PROBLEM UHHUH
AND THEY DID SIGN OFF ON THE WHITE PARTY APPLICATION.
SO THEY WILL KNOW WHAT WE'RE ASKING FOR AND HAVE AN OPPORTUNITY ON SPECIAL EVENTS.
WAIT, IS THAT, I DON'T UNDERSTAND WHAT YOU WERE SAYING ABOUT THAT.
UNDER THE CITY'S REGULATIONS, THEY NOT ONLY GET NOTICE, BUT WE NEED TO GET THEIR APPROVAL FOR OUR SPECIAL EVENTS PERMIT.
THEY HAVE GIVEN THAT APPROVAL IN THE PAST, I WOULD ASK THAT WE BE ALLOWED TO CONTINUE THAT.
AND WE WILL AGREE THAT, AND I DON'T MEAN INDIVIDUAL UNIT OWNERS WITH NO DISRESPECT TO HENRY.
IT HAS TO BE THE BOARD THAT TAKES A, THAT HAS TO SPEAK FOR THE COURSE, THE ASSOCIATION.
I DIDN'T, AND MY RECOMMENDATION TO THE BOARD, IF, UH, IF, IF YOU AGREE, IS THAT YOU AS A CONDITION OF YOUR APPROVAL REQUIRE THE, UH, THE NEIGHBORING PROPERTY OWNER TO CONSENT, BECAUSE I DON'T ACTUALLY THINK THAT'S A REQUIREMENT OF THE CODE.
[01:40:01]
A CODE.UM, ALRIGHT, I, I KIND OF WANNA WRAP THIS UP LIST.
UH, HILDA WOULD LIKE TO MAKE A MOTION.
IS EVERYBODY OKAY WITH THAT? YOU WANNA HEAR A MOTION OR DO YOU STILL HAVE MORE QUESTIONS? I JUST, I WANT, I WANNA MAKE SURE THAT I'VE, I'VE GOT EVERYTHING STRAIGHT.
BEFORE I, UH, MR. CHAIR, IF I COULD PLEASE, I'VE MADE A LIST OF ALL THE THINGS THAT HAVE BEEN DISCUSSED AND THEY ALL NEED TO BE RESOLVED, I THINK ONE WAY OR THE OTHER.
UH, AGREEMENT NOT TO USE SUBWOOFERS.
RUNNING SOME TESTS ON 1500 TERRACES, EASY ACOUSTICAL PANELS POSSIBLE, UH, SPECIAL EVENTS.
NICK, UH, ACCURATELY ADVISES US THAT, UH, IT IS POSSIBLE FOR THE CONDITIONAL USE PERMIT TO IMPOSE LIMITATIONS ON WHAT THE SPECIAL EVENTS CAN HAVE, SUCH AS SOUND LEVELS PRESCRIBED BY LAW OR BY THE CONDITIONAL USE PERMIT SHALL NOT BE EXCEEDED.
UH, WE'VE HAD A SUGGESTION ABOUT PERCUSSION AND DRUM SETS.
NICK HAS PROPERLY SUGGESTED THAT NAMING INSTRUMENTS MIGHT BE A PROBLEM.
UM, MR. FRIEDEN HAS SUGGESTED THAT, UH, SOUND SHOULD NOT BE AUDIBLE BY RESIDENTS.
UM, MS. LATTON HAS SAID WE NEED A SPEAKER PLAN.
UM, CARTER HAS SUGGESTED GIVING UP ENTERTAINMENT ON THE SECOND FLOOR LEVEL.
EVERYTHING YOU JUST SAID I THINK IS GONNA BE MOTION EMBODIED IN A MOTION.
YEAH, NO, HENRY, WE'RE AWARE OF ALL THOSE THINGS, SO YES.
AND I THINK THE MOTION WILL ENCOMPASS THOSE, SO THANK YOU.
YEAH, I'D LIKE TO MAKE SURE THAT IT GO AHEAD.
ENCOMPASSES I'LL, I'LL, I'LL MAKE A MOTION TO, TO APPROVE, UH, FAVORABLY MOVE IT TO THE COMMISSION WITH YOUR SUGGESTIONS AND WITH YOUR APPROVAL AS WELL.
NO, THIS IS NOTHING MORE THE COMMISSION.
THIS IS YOUR, I MEAN, I'M SORRY, WHAT AM I TALKING ABOUT? OH, RIGHT.
BUT I'LL, I'LL, I'LL APPROVE THAT AND MAKE A MOTION TO APPROVE IT.
CAN WE HAVE A READ BACK OF WHAT ALL THESE ADD-ONS ARE? YOU JUST DID? BESIDES THIS? YEAH.
SO NO, NO SUBWOOFERS, UM, AND NO SUBWOOFERS ANYWHERE OUTDOORS.
NO SUBWOOFERS ANYWHERE OUTDOORS.
NO ENTERTAINMENT OR ENTERTAINMENT FOR ROOFTOP DECK.
DOESN'T MEAN WE CAN'T HAVE MUSIC.
IT MEANS WE CAN'T HAVE A PERSON, WE CAN HAVE AMBIENT CONTROLLED AMBIENT DB LIMITED.
I CAN PLAINLY AUDIBLE FROM THE, UH, RESIDENCE PLAINLY AUDIBLE FOR ANY RESIDENT, PLAINLY AUDIBLE FROM FROM THE RESIDENCE, THE TESTING ON THE RESIDENT BALCONIES FROM THE NEIGHBORING PROPERTY, THE INSTALLATION OF THE ACOUSTIC PANELS TO INSULATE THE NOISE.
A SPEAKER PLAN THAT'S APPROVED BY THE, WOULD IT BE HELPFUL IF I RAN THROUGH THIS AGAIN? NO, NO, PLEASE NOT.
BUT CARTER, I WANT YOU TO HEAR ALL THESE THINGS SO THAT, AND ALSO THE, WE'RE ON THE SAME PAGE.
I WOULD WANT PUT THIS IN AND, AND THE INCLUSION OF THE PROPOSED REVISION TO SUBSECTION C BASED ON, UH, THE APPLICANT'S RECOMMENDATION.
I WOULD ALSO JUST FOR THE VALET, ADD IN A SENTENCE AT THE END THAT SAYS, UM, THERE, THERE SHALL BE, I MEAN I KNOW IT SAYS IT PROBABLY IN ELSEWHERE, BUT I JUST TO MAKE SURE THAT CODE ENFORCING CAN EN ENFORCE IT.
UM, UH, BECAUSE IT SAYS TO ENSURE THE VALET QUEUE IS, IS CONTAINED, IT DOESN'T REALLY SAY LIKE THAT VALET, THAT THE VALET QUEUE MUST BE CONTAINED.
AND I, I DON'T THINK THAT'S GONNA BE AN ISSUE.
AND THAT THE BOARD SIGNS OFF SAYING IT MUST BE CONTAINED.
THE BOARD SIGNS OFF ON SPECIAL EVENTS.
AND ALSO WHAT WAS, UM, AND, AND ONE THING ALSO.
OH, THAT YOU HAVE SOMEONE ON 24 HOUR NOTICE OR SOMEBODY THAT MUST BE ABLE TO BE I 90.
I'M NOT SURE THAT'S ALREADY IN THE ORDER, BUT WE AGREE.
MAYBE ALSO PROVIDE, AND I DID TRY TO INCLUDE THIS IN MY SUMMARY, THAT SPECIAL EVENT PERMITS SHALL NOT AUTHORIZE EXCEEDING THE SOUND LEVELS OF THE CITY CODE OR OF THE SPECIAL EVENT PERMIT OR THE, I THINK THAT ALREADY IN THE SPECIAL EVENT, PART OF THE SPECIAL EVENT, WE STOP.
WE HAVE A MOTION AND WE HAVE A SECOND IF I MAY, WE'RE GONNA VOTE.
ONE CLAR, TWO SMALL LAST COMMENT.
THE SIGN OFF SHOULD BE FOR A SPECIAL EVENT THAT IS INVOLVING THAT UPPER DECK SINCE THAT'S WHERE WE'RE REMOVING ENTERTAINMENT.
UM, WAIT, UPPER YOUR PARDON? I THINK THAT WOULD BE THE FAIR THAT THE, THE BUILDING SI APPROVAL OF IT WOULD INVOLVE THAT SECOND FLOOR DECK, NOT JUST ANY PLACE ON THE PROPERTY.
THAT, THAT'S CORRECT, BUT I, I, AT LEAST THAT WAS MY UNDERSTANDING WHEN YOU FIRST PROFFERED THAT.
I'M SORRY, I WANNA MAKE SURE BE CLEAR.
APPROVAL IS ONLY FOR THE, THE SECOND FLOOR ROOFTOP DECK, THE SPECIAL END.
IS THAT CORRECT? SUGGEST THE BREEZEWAY? NO, NO, WE'RE DONE.
ONE LAST QUESTION AND IT'S A CLARIFICATION.
TAKE THE WHEN, AND I DON'T MEAN TO HOLD YOU UP
[01:45:01]
PLAINLY, AUDIBLE IN ON THEIR BUILDING, I ASSUME.AND IS THERE AN HOUR LIMITATION BECAUSE UNDER THE NOISE CODE IT DOESN'T APPLY UNTIL 11:00 PM YOU CAN, THE BOARD CAN IMPOSE A, A STRICTER REQUIREMENT AS PART OF YOUR APPROVAL IN TERMS OF THE TIME OR THE, IN TERMS OF THE TIME THAT YOU WANNA USE YOUR ORDINANCE.
THE WAY IT FUNCTIONS, I THINK IS NICK HAS SAID ALREADY, IF YOU, IF YOU WANNA SAY, YOU KNOW, 10:00 PM OR PLAINLY AUDIBLE, I THINK YOUR NOISE ORDINANCE IS 11, ISN'T IT? NOT THE NOISE ORDINANCE IS, IS 11, BUT THE BOARD COULD BE STRICTER, UH, AND, AND EXTEND THE HOURS THAT NOISE MUST BE PLAINLY COULD BE NO LOUDER THAN PLAINLY AUDIBLE.
THAT NOISE CANNOT BE PLAINLY AUDIBLE FROM A NEIGHBORING RESIDENTIAL PROPERTY.
I MEAN, THEY'VE ALREADY MADE CONCESSIONS SINCE IT'S IN NEXT DOOR TO A NEIGHBORING BUILDING.
ALRIGHT, SO THE MOTION IS TO STICK TO THE HOURS.
SO LET'S JUST VOTE AND IF YEAH, I'M WITH YOU.
SO WE HAVE A VOTE AND WE HAVE A SECOND TO GO AND DO A ROLL CALL, PLEASE, WITH ALL THOSE CONDITIONS AND, OKAY.
UM, LET ME CALL THE ROLL MR. MARKS.
AND, AND DEBORAH, YOU'RE COMFORTABLE THAT YOU HAVE EVERYTHING MEMORIALIZED YES.
AND HENRY, THANK YOU FOR YOUR, UH, PARTICIPATION.
YOU OBVIOUSLY GOT SOME CONCESSIONS HERE.
AND AGAIN, GOING FORWARD, IT'S AN OPERATIONAL ISSUE AND, AND I, THEY'RE ALL HERE LISTENING, SO, YOU KNOW, WE'RE CONFIDENT AND HOPEFUL THEY'LL, WITH THAT, WE DON'T EXPECT TO BE HERE ON INVOLUNTARY RIGHT.
[7. PB25-0802. 7710 Collins Avenue – Mechanical Parking]
PLANNING BOARD FILE 25 0 8 0 2 77 10 HOLLANDS AVENUE, MECHANICAL PARKING.UM, IF, IF WE COULD TAKE ANY, UM, L LINGERING CONVERSATIONS OUTSIDE, WE'LL GET MOVED ON TO OUR NEXT APPLICATION, UM, WHICH IS H OR EB 25 0 8 0 2.
UM, AN APPLICATION HAS BEEN FILED REQUESTING A CONDITIONAL USE APPROVAL.
IT'S A BIG CROWD FOR MECHANICAL PARKING ISSUE FOR ME.
UM, WITH THAT, I'M GONNA TURN IT OVER TO, UH, JAKE CYBER LANE TO PRESENT OUR RECOMMENDATION.
YEAH, AS HE MENTIONED, THE APPLICATION APPLICANT IS REQUESTING APPROVAL FOR MECHANICAL PARKING LIFTS WITHIN A NEW FIVE STORY APARTMENT HOTEL BUILDING ON THE SITE.
ALTHOUGH THERE IS NO PARKING REQUIREMENT FOR THE PROPOSED USE, THE APPLICANT IS PROVIDING A TOTAL OF NINE PARKING SPACES, EIGHT WITHIN FOUR MECHANICAL LIFTS, AND A TANDEM CONFIGURATION AND ONE TRADITIONAL SPACE.
ACCESS TO THE PARKING AREA IS FROM THE ALLEY AND WILL BE OPERATED 24 HOURS A DAY BY A VALLEY ATTENDANT.
FOUR ADDITIONAL TEMPORARY PARKING SPACES ARE LOCATED WITHIN THE PARKING AREA TO MORE EFFICIENTLY STORE AND RETRIEVE CARS FROM THE LIFTS.
THE APPLICANT HAS PROVIDED PLANS TO DEMONSTRATE HOW THE PARKING COULD BE PROVIDED USING CONVENTIONAL PARKING SPACES.
HOWEVER, STAFF FINDS THAT THE USE OF MECHANICAL LIFTS RESULTS IN A HIGHER LEVEL OF COMPATIBILITY WITH THE SURROUNDING URBAN ENVIRONMENT, AS THE LIFTS DO NOT REQUIRE CURB CUT ALONG COLLINS AVENUE.
ADDITIONALLY, THE LIFTS ARE LOCATED WITHIN AN ENCLOSURE AND ARE NOT VISIBLE FROM THE RIGHT OF WAY OR SURROUNDING PROPERTIES.
THE TRANSPORTATION AND MOBILITY DEPARTMENT HAS REVIEWED THE PROJECT AND HAS INCLUDED SEVERAL RECOMMENDED CONDITIONS THAT HAVE BEEN INCORPORATED INTO THE ATTACHED DRAFT COP.
FINALLY, STAFF WOULD NOTE THAT THE DRB IS SCHEDULED TO CONSIDER THE PROJECT ON THURSDAY, DECEMBER 11TH, BUT THAT STAFF IS RECOMMENDING APPROVAL OF THE COP.
GOOD MORNING, MATT AMSTER WITH LAFA BURKE, HOWARD L FERNANDEZ, LARK AND TAPS OFFICES AT 200 SOUTH BISCAYNE BOULEVARD IN MIAMI HERE TODAY, REPRESENTING 77 10 COLLINS AVENUE, LLC, UH, WHICH IS THE APPLICANT AND OWNER OF THE SUBJECT PROPERTY.
I HAVE THE OWNER HERE, UH, ANDRE AND HIS WIFE, ANDRE MELNICK.
UM, AND OUR, OUR TEAM, UH, WHICH, YOU KNOW, I CAME TO BE PREPARED, UH, BUT WE'LL KEEP IT BRIEF.
UH, THEY'RE JUST, I HAVE TO, YOU KNOW, MAKE SURE THAT WHEN CARTER COMES, I HAVE TO SHOW OUR FORCE.
BUT IN ANY EVENT, UH, WE HAVE A DESIGN TEAM FROM, UH, INE, UM, EDWIN PERADA AND ROBIN, UH,
UM, ON ZOOM WE HAVE, UH, JOSE ALVAREZ FROM OUR LANDSCAPE ARCHITECT.
UH, WE, I BELIEVE ALSO HAVE REPRESENTATIVES FROM THE KLAUS PARKING LIFTS ON ZOOM.
UM, ADRIAN DUKOWSKI IS HERE FROM KIMLEY HORN.
UH, AND MY COLLEAGUE, UH, MITCH IAN WHO HANDED OUT, UH, TWO LETTERS OF SUPPORT
[01:50:01]
THAT WE HAVE OBTAINED.WE HAVE A PRESENTATION, IF YOU COULD CALL THAT UP.
UM, THIS IS A VERY, VERY MUCH SMALLER, ALMOST INCIDENTAL TYPE OF HOTEL THAN WHAT YOU JUST SAW.
UH, THIS HAS ZERO FOOD AND BEVERAGE OPERATIONS, NO ENTERTAINMENT, NO OUTDOOR SPEAKERS.
UM, VERY, VERY, VERY SMALL IN COMPARISON.
UH, WE'RE IN NORTH BEACH, UH, THE BUILDING FRONT'S COLLINS AVENUE, BUT THERE'S NO, UH, ENTRANCE, UH, FOR VEHICLES THERE.
EVERYTHING IS AT THE REAR IN THE ALLEY.
YOU CAN SEE, UH, YOU KNOW, EVERYTHING'S SMALL SCALE, NARROW LOT, UM, AND THERE IS A NEARBY PARK, UM, RIGHT WITHIN WALKING DISTANCE.
HERE'S JUST OUR EXISTING CONDITIONS.
UH, TODAY ON THE LEFT SIDE IS, UH, AT THE FRONT.
THERE'S A TWO STORY SMALL RESIDENTIAL BUILDING AT THE REAR.
ON THE RIGHT SIDE IS A SMALL ONE STORY RESIDENTIAL BUILDING.
UM, SO WE ARE HERE TO JUST, UM, SOLELY FOR THE MECHANICAL LIFTS TO ASSIST WITH THE PARKING SO THAT THERE'S, UH, PARKING RIGHT ON THE PROPERTY.
ALL OF THE PARKING OPERATION HAPPENS ON THE PROPERTY.
VEHICLES DO NOT HAVE TO DRIVE AROUND THE NEIGHBORHOOD AT ALL.
YOU DROP YOUR CAR OFF INSIDE THE GARAGE LEVEL FROM THE, AT THE ALLEY AT THE REAR, AND YOU PICK IT RIGHT BACK UP AT THE SAME LOCATION.
UH, AND THIS WILL ASSURE THAT THERE, UH, IS NO IMPACT IN THE NEIGHBORHOOD.
UM, ANDRE AND HIS WIFE DO PLAN TO, UH, LIVE AT THE APARTMENT UNIT AND OPERATE THIS HOTEL TO ENSURE THAT IT IS, UM, DONE APPROPRIATELY.
AND WITH THAT, I'M GONNA, UH, ONE, ONE MENTION, UH, WHILE I HANDED OUT TWO LETTERS OF SUPPORT, UM, THERE WAS A NEIGHBOR MEETING AT THE NEARBY PARK, UM, ACTUALLY, UH, QUITE WELL ATTENDED.
SO WE PRESENTED THE PROJECT AND ANSWERED QUESTIONS.
UH, I'LL ADD A CONDITION OF APPROVAL AT THE, AT THE END, BUT RIGHT NOW, JUST TO GIVE YOU A BRIEF OVERVIEW, HERE'S MATT.
MATTHEW PICARD, UH, WITH KOBE CAR ARCHITECTS, 5 7 1 NORTHWEST 28TH STREET, MIAMI, FLORIDA.
UH, HERE, AS YOU CAN SEE, WE'VE GOT SOME RENDERINGS.
UH, WE'VE GOT A VIEW FROM THE FRONT THERE ON THE EAST FACADE ALONG COLLINS, UH, WITH LARGE PROJECTING, UH, BALCONIES AND, UH, UPGRADED LANDSCAPING AND, UH, UH, SIDEWALK CONDITION THERE FOR THE PEDESTRIAN.
THE VIEW ON THE RIGHT, UH, IS THE BUILDING, UH, AS YOU CAN SEE FROM THE NORTHEAST.
I JUST WANNA POINT OUT ON THE BOTTOM THERE AT THE GROUND LEVEL, THAT'S WHERE WE HAVE OUR PARKING IN THE FULL, UH, FULLY ENCLOSED AREA AT THE GROUND FLOOR.
UH, AND ALSO NOTE THAT THE, UH, INBOARD BALCONIES THERE, UH, ALONG THE, UH, THE SIDE OF THE BUILDING, UM, NO PROJECTIONS.
EVERYTHING'S PROJECTING OUT TO THE EAST TOWARDS THE OCEAN AND THE VIEW.
UM, THIS IS A, A FURTHER CLOSEUP OF THE, UH, THE NORTH FACADE THERE.
SO YOU CAN SEE THE, UM, SCREENING ON THE RIGHT AND THE FULLY ENCLOSED PARKING THERE AT THAT GROUND LEVEL.
UM, HERE YOU CAN SEE THE, THE ELEVATIONS.
WE'VE CALLED OUT SOME MATERIALS.
WE HAVE A MATERIAL MATERIAL BOARD THERE IF YOU'RE INTERESTED IN SEEING IT.
WE'RE KIND OF TAKING THIS DRUG ONE FOR DRB.
SO WANTED TO JUST SHOW YOU THE, UH, THE OVERALL FACADE.
UM, AND HERE YOU CAN SEE WE'VE HIGHLIGHTED WHERE THE LOCATION OF THE PARKING LIFTS ARE.
WE DO HAVE A FENCE, UH, AREA THAT IS WHERE THE CARS DO MANEUVER, UM, ON PROPERTY.
AND I'LL SHOW YOU THAT IN PLAN.
BUT THE LOCATION OF THE PARKING LIFTS ARE FULLY ENCLOSED WITHIN A GARAGE SPACE.
UM, THIS IS THE VIEW OF THE SOUTH, AGAIN, REFLECTING THE, UM, THE ENCLOSURE ON THE GROUND LEVEL.
UM, HERE WE HAVE THE EXISTING CONTEXT ELEVATION.
YOU CAN SEE THE, UM, SMALL TWO STORY STRUCTURE REFLECTED THERE, NEXT TO ITS NEIGHBORING 7 70, 700 COLLINS AND 77 28.
AND NOW THIS IS WHAT WE'RE PROPOSING, JUST TO GIVE YOU AN IDEA HOW THIS FITS INTO THE CONTACTS AND FITS RIGHT INTO THE, UH, THE STREETSCAPE.
UM, ALONG THE 7,700 BLOCK HERE, WE HAVE THE GROUND FLOOR.
I DON'T KNOW IF I CAN USE THE MOUSE.
THAT IS THE ENCLOSED AREA OF THE PARKING.
THERE ARE FOUR MECHANICAL LIFTS THERE.
UM, THAT'S THE WHOOP, THAT'S THE AREA IN QUESTION.
UM, BUT YOU CAN SEE WE'VE GOT THE, UM, LANDSCAPED AREA THERE ALONG COLLINS AVENUE.
WE'VE GOT HANDICAP ACCESSIBILITY ALONG THE STREET, AND WE'VE GOT, UH, UPGRADED LANDSCAPE FROM THE EXISTING CONDITION.
SO NOW YOU'VE GOT A REAL STREET CONDITION AND PEDESTRIAN EXPERIENCE THERE THAT TIES INTO THE NEIGHBORING BUILDINGS.
YOU CAN SEE ON THE SOUTH SIDE, WE'VE GOT OUR PEDESTRIAN ACCESS ALL THE WAY ALONG TO THE ALLEYWAY.
[01:55:01]
UM, AND YOU, AND AS YOU CAN SEE ON THE, ON THE WEST, THAT'S WHERE OUR VEHICULAR ACCESS COMES IN.THERE'S A MANEUVERABILITY SPACE THAT ALLOWS YOU TO, UH, TURN THE CAR AROUND A VALET DROP OFF A DA PARKING.
AND THEN WE HAVE OUR FOUR MECHANICAL LIFTS ENCLOSED WITHIN THAT GARAGE SPACE.
ADJACENT TO THAT, WE HAVE 20 LONG-TERM BICYCLE STORAGE AND SIX SHORT-TERM, UH, BICYCLE STORAGE, UH, SPACES ALONG WITH THREE SCOOTER PARKING SPACES AS WELL.
WE DID HAVE TO DO THE ALTERNATE PLAN TO SHOW YOU THAT THIS WE COULD PARK ON SITE, UM, AND, AND WHAT IT WOULD LOOK LIKE IF WE DID.
AS YOU CAN SEE IN THIS CASE, THE, UM, THE, THE CHALLENGE HERE WAS TO GET, UM, TURNAROUND SPACE AND MANEUVERABILITY, UH, ALL WITHIN THE SPACE WHILE MAINTAINING THOSE NINE PARKING SPACES THAT WE'RE REQUESTING.
AND WE WERE ABLE TO DO IT, BUT WE HAVE TO EXIT ONTO COLLINS.
AND REALLY THAT, THAT'S WHERE THE CHALLENGE COMES, IS EXITING ONTO COLLINS AND HAVING TO DEAL WITH THE FDOT AND THEN ALSO JUST HOW TIGHT THE SITE BECOMES.
WE LOSE ALL OF THAT FRONT SETBACK AND THE ABILITY TO REALLY ENHANCE THE, UH, FRONT YARD THERE, UH, AND THE PEDESTRIAN EXPERIENCE ON THE STREET.
UH, JUST TO WALK YOU THROUGH THE BUILDINGS, THESE ARE OUR TYPICAL, UH, UM, UNIT LEVELS.
YOU CAN SEE THE, UH, THE INBOARD BALCONIES ON THE NORTH.
UH, AND THEN WE DO, WE ARE PROPOSING AN AMENITY, UH, ROOFTOP.
UH, WE DID WANT TO, WE'RE JUST PROVIDING A SMALL SWIM SPA AND A FEW LOUNGE CHAIRS.
AND WE ARE BUFFERING, UH, THAT SPACE TO THE NEIGHBORS TO THE NORTH WITH SOME, UH, LANDSCAPING AS YOU CAN SEE IN THE PLAN GREEN.
AND WE, UM, AND ALSO TO THE SOUTH, WE'RE BUFFERING WITH THE ACTUAL, UH, CORE ITSELF.
UH, AND HERE WE HAVE OUR LANDSCAPE PLAN IN.
YOU CAN SEE IT'S, IT'S, UH, QUITE AN IMPROVEMENT FROM WHAT'S THERE TODAY.
AND THEN WE ALSO HAVE THE LANDSCAPE ON THE ROOF.
AND, UH, THIS IS A DETAIL OF THE PARKING SCREEN, UH, THAT'S BEING PROPO PROPOSED.
THE, UH, THE LOUVER DETAILS UTILIZED IN THE LOCATION OF THE, UM, THE MANEUVERABILITY OF THE CARS.
UM, AND THEN THE, AS YOU CAN SEE, THE, THE PARKING LIFTS ARE FULLY ENCLOSED WITHIN THE GARAGES INDICATED ON THE, THE BOTTOM LEFT OF THE SCREEN THERE.
AND THIS IS AN INTERIOR VIEW, JUST A MASSING THAT YOU CAN SEE OF THAT MANEUVERABILITY SPACE WITHIN THE SITE, UM, WITH THE ENCLOSURE THERE OF THE, THE PARKING, UM, AND THE DETAIL OF THE LIFTS.
I THINK THAT'S THE LAST SLIDE, RIGHT? YEAH, WE, UH, THIS WAS FULLY VETTED THROUGH, UH, WITH OUR TRAFFIC ENGINEER AND THE CITY'S TRANSPORTATION DEPARTMENT AND THEIR CONSULTANTS AND, UH, APPROVED.
THERE'S OPERATIONAL CONDITIONS ABOUT VALET OPERATIONS, UH, BEING 24 7, HAVING THE VALET OPERATOR THERE, UM, ALREADY IN THE CONDITIONS.
UM, IF YOU GO TO THE, THE NEXT ONE AS FAR AS THE ROOFTOP, I'M JUST CURIOUS, WITH THE MECHANICAL PARKING, ARE THERE LIKE GENERATORS THAT ARE BACK IN CASE ELECTRICITY GOES OFF? HOW, HOW DOES THAT WORK? NO, I BELIEVE THAT IT BECOMES MECHANICAL.
UM, IN, IN THE EVENT THAT THERE'S NO POWER, THE, THE LIFTS CAN, UH, BE LOWERED MECHANICALLY TO GET THE CARS OFF.
THEY WOULD DON'T CONTINUE TO OPERATE.
UM, I COULD BE, THAT'S MY GENERAL UNDERSTANDING.
DO YOU HAVE ANYTHING TO ADD? NO, I THINK YOU'RE CORRECT, BUT YEAH, IT'S NOT A GENERATOR REALLY.
THERE, THERE IS A GENERATOR I THINK FOR THE, THE PROJECT, BUT NO BUILDING.
I THINK THAT THE LIFTS ONCE THE, IF THE POWER TURNS OFF YOU, THEY'RE, THEY'RE HYDRAULIC, RIGHT? SO I, I BELIEVE I'M NOT THE EXPERT, BUT I BELIEVE THAT, UM, ONCE YOU REMOVE THE, THE CAR ON THE BOTTOM, YOU CAN DE LIKE KIND OF LET RELEASE THE HYDRAULIC AND IT'LL LOWER THE, THE CAR SAFELY.
AND THEN AFTER THAT, YOU CAN'T USE IT AGAIN UNTIL YOU GET POWER BACK.
AND HOW MANY UNITS, HOW MANY UNITS IN THE BUILDING? IT'S 15 TOTAL.
IT'S 14 HOTEL AND ONE, UH, APARTMENT.
SO IT'S FORMALLY AN APARTMENT HOTEL.
AND AGAIN, YOU KNOW, THE OPERATOR IS HERE TO, TO MANAGE THAT NORTH BEACH IMPROVEMENT.
YES, NO, JUST AS FAR AS THE ROOFTOP, YOU KNOW, WE WANTED TO JUST ENSURE, UH, AGAIN, NO FOOD AND BEVERAGE, NO ENTERTAINMENT.
IN FACT, THIS IS SUCH A NARROW LOT.
THERE'S NO ROOM FOR ANY OF THAT.
OH, BY THE WAY, NO SPECIAL EVENT PERMITS.
THAT'S ALREADY A CONDITION IN HERE, BUT YOU CAN'T DO THIS WHERE WE'RE AT ANYWAY.
UM, BUT JUST TO MAKE SURE THAT THE ROOFTOP HAS, YOU KNOW, MINIMAL IMPACT, WE WILL MAKE SURE TO ADD A CONDITION THAT ISN'T YET IN THERE.
THE APPLICANT AGREES THAT THE PROPOSED ROOF DECK SHALL BE USED SOLELY BY RESIDENTS AND HOTEL GUESTS, AND SHALL ONLY OPERATE BETWEEN THE HOURS OF 7:00 AM AND 10:00 PM SO AGAIN, NO OUTDOOR SPEAKERS UP THERE EITHER.
SO AGAIN, THOSE WILL BE MINIMALLY, UM,
[02:00:01]
IMPACTFUL OPERATED BY, YOU KNOW, THE OWNER, UH, AS WELL AS, UH, THE L LANDSCAPING HELPS THE, UH, ALSO ALL THE SCREENING AND THESE DEFINITELY ENCLOSED PARKING.UH, WE DO GO TO DESIGN REVIEW BOARD ON THURSDAY, UM, WHERE THE WHOLE DESIGN ITSELF WILL BE, UM, VE VETTED.
AND, UH, WITH THAT, WHERE OUR TEAM IS HERE TO ANSWER ANY QUESTIONS, WE RESPECTFULLY REQUEST APPROVAL WITH OUR ONE ADDED CONDITION.
ANYBODY IN HERE TO SPEAK ON THIS OTHER THAN THE APPLICANT? YOU? NO.
AND YOU WANTED ZOOM? UM, YES, WE HAVE ON ZOOM, KRISTEN SPILLANE.
SORRY, BEFORE WE HEAR FROM THE PUBLIC, ARE THERE ANY EX PARTE COMMUNICATIONS ON THIS APPLICATION? KEITH, DISCLOSE YOUR NO.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
HI EVERYONE, I'M KRISTEN SPILLANE.
I'M A RESIDENT OF 77 28 COLLINS AVE.
ONE OF THE BUILDINGS THAT DIRECTLY, UM, IS ADJACENT TO THIS, UM, PROPERTY.
AND I'M HERE TO STRONGLY OPPOSE PB 25 0 8 0 2 FOR MECHANICAL PARKING HERE AT 77 10 COLLINS AVE.
I HAVE A FEW POINTS I WANNA WALK YOU THROUGH.
NUMBER ONE, THIS MECHANICAL PARKING SYSTEM WOULD INTRODUCE SIGNIFICANT NOISE.
WE'RE TALKING ABOUT METAL CLANKING MOTORS VIBRATION, AND THIS IS HAPPENING JUST FEET FROM NEIGHBORING BEDROOM WINDOWS.
NOTHING LIKE THIS EXISTS ANYWHERE ELSE IN OUR RM ONE RESIDENTIAL ZONE.
AND YOU EVEN SAW IT EARLIER IN THE PRESENTATION.
IT SITS BETWEEN TWO CONDO BUILDINGS.
A MECHANICAL LIFT IN THIS LOCATION IS JUST SIMPLY INCOMPATIBLE WITH THE QUIET LOW DENSITY RESIDENTIAL BLOCK THAT WE HAVE.
SECOND POINT TRAFFIC AND CONGESTION ARE ALREADY ISSUES IN THE ONE LANE COLLINS COURT ALLEY, WHICH IS USED BY RESIDENTS SERVICE TRUCKS, FPL AND GARBAGE COLLECTION.
ADDING ANY SORT OF VALET OPERATIONS AND LIFT RELATED DELAYS WOULD CREATE BLOCKAGES AND SAFETY CONCERNS.
EARLIER, MATTHEW WALKED THROUGH SOME PLANS AND AS A RESIDENT WITH A SMALL SEDAN THAT I DRIVE, I HAVE MAJOR CONCERNS ABOUT THE SIZING AND THE SPACING THAT THEY'RE TALKING ABOUT IN TERMS OF THE ALLEY ACCESS AND ROOM FOR CAR MANEUVERABILITY.
UM, IT'S HONESTLY A CHALLENGE TO GET IN AND OUT.
IF I'M TRYING TO ENTER MY PARKING GARAGE AND SOMEONE ELSE'S EXITING, I JUST DON'T SEE HOW THOSE SPECS THEY PRESENTED WOULD BE REMOTELY FEASIBLE WITH A VALET OPERATION AND THE VOLUME THAT WOULD COME WITH THIS PROPOSAL.
MY THIRD POINT, THESE SYSTEMS, THESE MECHANICAL PARKING SYSTEMS CARRY OPERATIONAL AND SAFETY RISKS.
THIS OWNER HAS A HISTORY OF ZONING VIOLATIONS.
A A MALFUNCTION COULD NOT ONLY BLOCK THE ALLEY, BUT ALSO CREATE HAZARDOUS CONDITIONS.
AND AS WE JUST HEARD, THE APPLICATION PROVIDES NO MANUFACTURER DETAILS, SPECS, OR CONTINGENCY PLANS.
WE HEARD ABOUT A GENERAL UNDERSTANDING OF WHAT MIGHT HAPPEN IN A POWER OUTAGE, BUT NOTHING CONCRETE APPROVING.
THIS WOULD SET A NEGATIVE PRECEDENT BY INTRODUCING A HIGH INTENSITY QUASI COMMERCIAL SYSTEM INTO AN RM ONE NEIGHBORHOOD DESIGNED FOR QUIET RESIDENTIAL LIVING.
THIS PROPOSAL BENEFITS ONE PROPERTY OWNER AT THE EXPENSE OF DOZENS OF LONG ESTABLISHED NEIGHBORS.
A RESPECTFULLY URGE THIS BOARD TO REJECT PB 25 0 8 0 2 AND REQUIRE THE APPLICANT TO FOLLOW THE SAME CONVENTIONAL PARKING STANDARDS AS EVERY OTHER BUILDING IN THE AREA.
OUR NEXT SPEAKER IS JOHN HANK HANKY.
DO YOU SWEAR THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.
GOOD MORNING, MEMBERS, CHAIR AND MEMBERS OF THE BOARD.
HE, I'M A RESIDENT AT 7,700 COLLINS, UH, ONE OF THE ORIGINAL OWNERS HERE AS WELL.
I I HAVE BEEN A DRB AND HDC COMMISSIONER FOR 17 YEARS IN THE STATE OF MICHIGAN.
SO I'M INTIMATELY FAMILIAR WITH THESE TYPES OF PROJECTS.
UM, TO BE SURE, WE HAD COUNSEL FOR OUR BOARD SEND A LETTER TO THE COMMISSIONERS, BOTH TO YOU AND THE DESIGN REVIEW BOARD.
UH, I BELIEVE IT MAY HAVE REACHED YOU YESTERDAY, SO I'M NOT SURE IT'S IN YOUR PACKETS OR NOT.
OUTLINING A NUMBER OF CONCERNS AND OBJECTIONS THAT WE HAVE, NOT ONLY TO THE PROJECT ITSELF, BUT CERTAINLY TO THE MECHANICAL PARTNER.
UM, I DON'T KNOW IF MS. TACKETT CAN TELL ME WHETHER OR NOT THAT DID REACH EACH OF THE BOARD MEMBERS EITHER.
I I DON'T BELIEVE I RECEIVED IT, SO I WOULDN'T HAVE BEEN ABLE TO TRANSMIT IT.
UM, I WILL DOUBLE CHECK WITH COUNSEL AND MAKE SURE THAT GETS ALL OF THE BOARD MEMBERS.
UH, THE CONCERN HERE IS NOT JUST THE MECHANICAL PARKING, BUT THE PROJECT IN AND OF ITSELF AND SOME OF THE REPRESENTATIONS THAT THE DEVELOPER
[02:05:01]
IS MAKING WITH RESPECT TO THE PROPOSAL.AS A CARGO, I CAN TELL YOU UNEQUIVOCALLY, MECHANICAL LIFTS MAKE A LOT OF NOISE.
ALSO, I WOULD, UM, DISPUTE MR. PICARD'S REPRESENTATION THAT IN THE EVENT OF A POWER LOSS, THESE ARE HYDRAULIC, THESE TEND TO BE MANUALLY OPERATED AT THAT POINT.
THEY DON'T ALL HAVE FAIL SAFES ON THEM.
SO IN A LOT OF INSTANCES, THOSE CARS ARE STUCK.
UM, AS MS. BLA POINTED OUT, THERE IS NO COMPATIBILITY OF THIS PROJECT WITH THE NEIGHBORHOOD AND THE RM ONE ZONING.
THE CONTEXT ELEVATION THAT'S BEEN PRESENTED IS MISLEADING.
IT PRESENTS OCEAN BLUE TO THE SOUTH OF US AND THEN GIVES NOTHING TO THE NORTH.
THE ENTIRE BLOCK FROM 77 TO 7,800 IS COMPRISED OF OUR TWO BUILDINGS AND THE HOUSE IN BETWEEN, THERE IS NOTHING ELSE.
AS YOU GO FURTHER NORTH ON COLLINS, IT CONTINUES WITH FIVE STORY CONDOMINIUMS, THE ALLEYWAY AND TO HARDING IS ALL TWO STORY BUILDINGS.
SO THIS WOULD BE THE ONLY QUOTE HOTEL ANYWHERE IN THIS SECTION OF NORTH BEACH.
THERE AREN'T, THERE ISN'T ANOTHER ONE.
UM, WE'VE SEEN NO TRAFFIC REPORT WITH RESPECT TO THE USE OF THE ALLEY.
I WENT THROUGH THE PACKAGES THAT WERE SUBMITTED AND THEY'RE ONLINE.
UM, THIS WOULD BE THE ONLY MEANS OF INGRESS AND EGRESS FOR SERVICING OF THIS BUILDING FOR WHATEVER, EVEN WITHOUT F AND B.
YOU'VE GOT MAINTENANCE WORKERS, YOU'VE GOT TRASH WORKERS, YOU'VE GOT A NUMBER OF OPERAT, NUMBER OF OPERATIONAL CONCERNS, NONE OF WHICH A APPLICANT HAS ADDRESSED.
IT'S A TRANSIENT USE OF A HOTEL THAT'S NOT CONSISTENT WITH RM ONE.
UM, AGAIN, I I HOPE TO GET THAT LETTER IN FRONT OF YOU SO YOU COULD SEE EXACTLY THE NUMBER OF OTHER CONCERNS WE HAVE.
THE OTHER THAT I DO HAVE, UM, THE ONE THING THAT I DO WANNA CALL OUT IS IN THE INITIAL APPLICANT'S PRESENTATION, HE CLAIMED THE APPLICANT'S PLAN TO LIVE IN THIS APARTMENT UNIT.
I WOULD QUESTION THAT, UH, THE DEVELOPER'S LLC IS LISTED IN A, IN A CONDO AT SANDS POINT, CONDO IN SUNNY ISLES, WHICH IS CURRENTLY A THREE BEDROOM, THREE BATH, 2,120 SQUARE FOOT UNIT, UH, CURRENTLY ON REALTOR.COM AS A RENTAL OF $10,000 PER MONTH.
UH, THERE WAS A REPRESENTATION THAT HE AND HIS WIFE AND CHILDREN WOULD ALL LIVE IN THE APARTMENT UNIT, WHICH AS YOU CAN SEE FROM THE DRAWINGS CONSIST OF AN 892 FOOT UNIT.
SO I DON'T BELIEVE THE OPERATOR TRULY INTENDS TO LIVE IN THIS AND OPERATE THIS APARTMENT COMPLEX.
WE'VE GOT ADDITIONAL CONCERNS WHICH WE'LL RAISE WITH THE DRB ON THURSDAY MORNING, BUT AS THE MECHANICAL LIFT AND THE PORTION THAT'S IN FRONT OF THE BOARD, WE OBJECT TO IT FOR THOSE REASONS STATED.
AND THE ADDITIONAL ONES ARTICULATED IN OUR OBJECTION LETTER THAT WAS SENT TO MS. ETT, WHICH YOU DON'T HAVE.
MR. HINKEY, I HAVE A QUESTION.
ARE YOU SURE? WHAT, WHAT ARE YOU IN? OCEAN BLUE? WHAT, WHAT BUILDING ARE YOU? NO, I'M AT 7,700 COLLINS.
IMMEDIATELY ADJACENT ON THE SOUTH SIDE TO THE PROPOSED PROJECT.
ANYBODY ELSE? AND I AM A BOARD MEMBER.
I AM A BOARD MEMBER FOR VILLA.
MURE IS THE, UM, THANK YOU COMPLEX.
WE'LL CLOSE PUBLIC HEARING YOU WANT TO ADDRESS? OH, I'M SORRY.
I'M SANDRA PAYNE AND I RESIDE AT 6,700 INDIAN CREEK.
I'VE BEEN IN MIAMI BEACH, UH, RESIDENT FOR OVER 20 YEARS.
AND I ALSO REPRESENT MANY BUSINESSES IN NORTH BEACH THAT THIS HOTEL WOULD ADD SO MUCH VALUE TO OUR CITY AND ALSO THE PARK AND EVERYTHING THAT'S HAPPENING IN OUR COMMUNITY.
SO I WOULD LIKE TO, AND HYDRAULIC SYSTEM ALSO, 60 80 COLLINS AVENUE HAS THE HYDRAULIC SYSTEM IN PLACE AND IT DOES NOT MAKE SOUND OR NOISE IN ADDITION TO THE HEIGHT RESTRICTIONS, 72 PARK IS ALSO A CONDO, RESIDENTIAL HOTEL THAT'S BEING BUILT.
YOU'RE, YOU'RE AT INDIAN, YOU'RE AT EDEN HOUSE? I'M AT EDEN HOUSE.
YOU'RE, YOU'RE MY NEIGHBOR, I GUESS.
UM, NOT IN THE SAME BUILDING, BUT, BUT, UM, YOU DON'T HAVE ISSUES WITH THE TRAFFIC OR ANYTHING LIKE THAT? I MEAN, WE HAVE SERIOUS PROBLEMS. WE DON'T, WE HAVE THE SAME SYSTEM IN OUR BUILDING IN EDEN HOUSE, WHICH IS THE ROTUNDA, AND WE HAVE A VALET AND IT'S JUST FAIRLY EASY.
WE JUST LEAVE THE CARS AND THEY GO THROUGH THE ROTUNDA AND THERE'S AN ENTRANCE THERE THAT LEADS THE VEHICLES INTO THE, A GATE
[02:10:01]
THAT OPENS THAT DOES NOT AFFECT THE COLLINS TRAFFIC.AND HOW'S THE, HOW IS THE NOISE IN YOUR BUILDING? UH, GREAT.
YOU DON'T HEAR THE, YOU DON'T HEAR THE PARKING? NO, NOT AT ALL.
ANY OTHER QUESTIONS? AND I THINK IT WOULD BE A GREAT ASSET FOR THE NEIGHBORHOOD AS PER THE BUSINESS OWNERS THERE.
THEY NEED THIS, YOU KNOW, THE WALKABILITY AND THE PARK THERE.
I RUN THERE THREE TIMES A WEEK AND THERE'S SO MANY HOMELESS, AND YOU NEED, WE NEED TO CHANGE THAT AREA.
YOU KNOW, YOU HAVE THESE TWO STORY HOTELS THAT ARE SMALLER, BUT THIS IS A BOUTIQUE LUXURY HOTEL THAT'S GOING TO ADD VALUE IN MY OPINION.
AND I LOVE MY NEIGHBORHOOD AND I WANNA SEE IT THRIVE AND GROW WITH THE COMMUNITY.
WAS THERE ANYONE ELSE HERE TO SPEAK? HELLO? BOARD MEMBERS? I'M JOHAN CHUUK AND, UM, AS WELL TO TELL THE TRUTH.
SO BASICALLY I'VE BEEN, CAN YOU STATE YOUR NAME AND ADDRESS, UH, YOUR ADDRESS AS WELL, ANNIE CHUUK.
SO JAY, BASICALLY, SO, UH, I'VE BEEN A MEMBER OF, LIKE, I'VE BEEN LIVING IN THIS NEIGHBORHOOD ABOUT LIKE, UH, SINCE 2010 AND PERMANENTLY IS, UM, THREE YEARS.
SO, UM, I AM, I HAVE A PROPERTY AT 66 10 INDIAN CREEK DRIVE.
SO BASICALLY I AM, UM, I'M HERE TO SUPPORT THE CONSTRUCTION.
SO I BELIEVE THIS WOULD BRING THE VALUE TO THIS NEIGHBORHOOD.
SO PERSONALLY, I GO TO THE PARK, WHICH IS, UH, NEARBY, UH, LIKE EVERY WEEKEND.
AND IT'S, YOU KNOW, I NOTICE A LOT OF, UH, HOMELESS PEOPLE OVER THERE AND NOT JUST HOMELESS.
IT JUST, I DON'T KNOW, LIKE DRUG ISH KIND OF PEOPLE LOOK LIKE.
SO IT'S, SOMETIMES IT'S, I FEEL LIKE IT'S, UM, NOT REALLY, UM, UM, SAFE THERE.
SO I THINK THIS WOULD JUST BRING, UM, THE GOOD SENSE OF NEIGHBORHOOD AND IT'S GONNA BE GROWING IN A, IN A GOOD WAY.
UM, MR. CHAIR, WE DO HAVE AN ADDITIONAL PERSON ON ZOOM.
DO YOU SWEAR THAT THE TESTIMONY YOU'LL GIVE IN THIS PROCEEDING IS THE TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH? YES.
I SEND AN EMAIL TO YOU ALL DIRECTLY LAST WEEK.
AND SO IN EFFORTS TO NOT DUPLICATE, YOU KNOW, THIS SAME INFORMATION, UM, I LIVE AT 77 28 COLLINS.
THAT'S THE BUILDING THAT IS, UH, DIRECTLY NORTH OF THE 77 10 COLLINS DEVELOPMENT.
AND JUST A FEW POINTS, UM, I APPRECIATE SANDRA PAYNE COMING AND EXPLAINING TO YOU THAT SHE DOESN'T HEAR ANY NOISE ISSUES.
THAT BUILDING TO SCALE IS COMPLETELY DIFFERENT THAN OURS.
SHE LIVES IN, WHAT IS THAT, A 16 STORY? 96 UNIT BUILDING.
UM, THE ISSUES THAT YOU GUYS HAVE EXPERIENCED TODAY WITH, UM, THE ROYAL PALM HOTEL IN RESIDENCE THAT WERE, YOU KNOW, COMPLAINING ABOUT NOISE, UM, WE ARE EVEN CLOSER THAN THEM.
UM, WHEN WE TALK ABOUT NEIGHBORHOOD SAFETY, THE ENTIRETY OF THAT BLOCK IS COMPLETELY RESIDENTIAL.
WHEN YOU BRING IN AN OPPORTUNITY TO HAVE TRANSIENT HOUSING ON A NIGHTLY BASIS, THAT DIRECTLY AFFECTS SAFETY FOR OUR NEIGHBORHOOD.
I DON'T KNOW IF YOU CAN HEAR, BUT MY 2-YEAR-OLD DAUGHTER IS RUNNING AROUND BY MY KNEES RIGHT NOW AND I'M JUST TERRIFIED OF HAVING A BUILDING THAT'S GOING TO BE BUILT WITHIN 20 FEET OF MY GROWING FAMILY.
UM, WE WEREN'T PREPARED TO HAVE ANY DISCUSSIONS TODAY BEYOND THE ISSUE OF MECHANICAL PARKING, BUT IT SEEMS PRETTY CLEAR THAT, YOU KNOW, A BUNCH OF HEAVY HITTERS CAME TO PRESENT AND A LOT OF MORE IN ADDITIONAL INFORMATION IS BEING SHARED ABOUT THE PROPOSED PLANS OF THIS DEVELOPMENT.
SO WHAT I WOULD ASK IS TO KEEP TO THE ITEM AT HAND.
LET'S ADDRESS THE ISSUES THAT OUR RESIDENTS HAVE REGARDING THE MECHANICAL PARKING, AND THEN WE CAN HAVE FURTHER CONVERSATIONS IN THE NEXT TWO DAYS WITH DRB FOR THE HEARING ON THURSDAY.
THAT IT? ALRIGHT, CLOSING PUBLIC HEARING.
UM, MR. CHAIR, IF I MAY HAVE JUST A FEW WORDS OF REBUTTAL.
SO JUST TO BE, I I THINK THAT THE APPLICATION
[02:15:01]
IS VERY TRANSPARENT.THIS IS AN RM ONE DISTRICT AND A PORTION OF IT OF WHICH THE PROPERTY IS LOCATED, I THINK IT'S, UH, 70, UH, SECOND UP TO MAYBE NOT EVEN 80TH.
THERE'S A SMALL AREA THAT BY CODE ALLOWS APARTMENT HOTELS AS A PERMITTED USE.
SO THE AREA, THE ENTIRE AREA IS NOT RESIDENTIAL, BUT THE AREA THAT WE ARE, OUR LOCAL CONTEXT ALLOWS FOR THIS USE.
WE ARE NOT PROJECTING INTO OUR, UM, OUR SIDE SETBACKS TO BE RESPECTFUL TO OUR NEIGHBORS THAT WILL BE BOTH SCREENED, UH, AND HEAVILY LANDSCAPED.
UH, AND WHILE WE COULD HAVE OUR BALCONIES, UM, FULLY PROJECT, WELL NOT FULLY, BUT YOU KNOW, PROJECTING NOTICEABLY INTO THOSE AREAS, WHICH WOULD LIKELY THEN TAKE AWAY FROM THE LANDSCAPE BUFFER.
UM, SO THIS IS, UH, ALSO A FULLY COMPLIANT PROJECT.
WE, THE HEIGHT SETBACKS, EVERYTHING IS COMPLIANT WITH THE CODE.
UH, WHEN WE GO TO THE DESIGN REVIEW BOARD, IT'S COMPLIANT AND THERE'S NO VARIANCES WHATSOEVER BEING ASKED.
SO WE BASICALLY HAVE A PROJECT JUST FOR DESIGN APPROVAL ON THURSDAY WITH TODAY JUST THE MECHANICAL PARKING LIFTS.
THIS IS PERFECT INFILL DEVELOPMENT.
UH, THERE'S SUBSTANDARD USES THERE TODAY THAT, UM, YOU KNOW, DILAPIDATED BUILDINGS THAT, UM, WHILE BEING KEPT UP AND MAINTAINED, UM, ARE NOT THE, UM, HIGHEST AND BEST USE, BUT ALSO THIS NEW BUILDING WILL MAKE THE ENVIRONMENT SAFER.
UH, THERE'LL BE, UH, A LOBBY WITH A PERSON THERE, UH, REGULARLY.
THE VALET ALSO IS THERE 24 7 ABOUT THE VALET OPERATION.
IT'S IN WITH THE APPLICATION DOCUMENTS VETTED BY ALL, THERE'S CONDITIONS BEEN ADDED, WHICH WE AGREE TO.
OUR VALET OPERATION IS 100% COMPLETELY INTERNAL TO THE PROPERTY.
EVEN OUR LOADING, THERE'S A CONDITION ABOUT LOADING, LOADING OPERATIONS.
I KNOW THERE'S NOT THAT MANY FOR.
THIS PROPERTY WILL HAVE TO ALSO TAKE PLACE FROM THE ALLEY INSIDE THE PROPERTY.
THE TRUCKS WILL GO IN AND COME BACK OUT TO NOT, UM, BE A, A, YOU KNOW, A TRAFFIC, UH, UH, HINDRANCE IN THE ALLEY.
WHICH, WHICH ALLEY IS THE SHARED ALLEY THAT THE, THE CALLER HAD REFERRED TO? SHE SAYS THAT THE ALLEY WAS SHARED WITH THE OTHER BUILDING.
SO WHICH ALLEY ARE WE TALKING ABOUT THAT IT SHARED? YEAH, IT'S THE STREET THAT'S ON THE WEST SIDE OF THE PROJECT HERE.
IT'S A CROSS BLOCK FROM 78TH TO 77TH.
IT RUNS THE WHOLE LENGTH OF THE BLOCK.
IT'S A ONE WAY SOUTHBOUND ALLEY.
IT'S ONE, ONE WAY AND, AND YOU WILL BE ACCESSING 2020 FEET WIDE FROM COLLINS COURT.
UM, STAFF, WHEN, WHEN THE AFFECTED NEIGHBORS GET NOTICES, DO THEY HAVE ACCESS TO THE PROPOSED CONDITIONS IN THE CUP? DOES THAT, IS THAT AVAILABLE PUBLICLY? CORRECT.
WE PUBLISH THAT ONLINE APPROXIMATELY A WEEK BEFORE FOR THE PROPOSED CUP THAT'S IN HERE? CORRECT.
BECAUSE I MEAN, THERE'S A LOT OF CONDITIONS IN THERE.
I WANNA MAKE SURE THAT THEY'RE AWARE OF WHAT THOSE ARE.
ANY QUESTIONS? NO, SCOTT, JUST, UH, THE ONE THING I HEARD, WHICH IS JUST MAYBE YOU CAN ADDRESS, UM, ONE OF THE COMMENTS THAT THEY HAD WAS ABOUT THE NOISE FROM THE MECHANICAL MM-HMM
I MEAN, YOU COULD SEE ON THE RENDERINGS IT IS FAIRLY CLOSE TO THE ADJOINING BUILDING, SO MAYBE YOU CAN ADDRESS WELL IT'S COMPLETELY ENCLOSED, WHICH IS ALSO REQUIRED BY CODE.
RIGHT? THERE IS NOT JUST SCREENING, THERE IS A SOLID WALL AROUND THE AREA OF THESE UNITS.
AND SO THERE'S NO, DO THEY MAKE NOISE THESE MECHANIC? DO THEY NO, THERE MAYBE OLDER MODELS DID.
UM, I BELIEVE WE HAVE SOMEONE FROM KLAUS, AMANDA, PERHAPS.
MAYBE WILL RAISE, RAISE HER HAND IF YOU WANNA SPEAK.
IF I HAVE PERSONAL EXPERIENCE WITH THIS.
UM, THE BUILDING I LIVE IN HAS THE KLAUS SYSTEM, RIGHT.
SO I HAVE, I OWN ONE OF THESE
MINE ARE OLD, MINE ARE FROM 2005, AND MY UNIT IS IMMEDIATELY ON TOP OF OUR GARAGE, WHICH HAS MULTIPLE, YOU KNOW, I THINK WE HAVE, UM, 20 LIFTS.
MINE PERSONALLY MAKES NOISE LIKE I CAN HEAR WHEN PEOPLE ARE, ARE USING THEM, BUT IT IS SO MUFFLED.
IT IS ALMOST, I HAVE VERY GOOD HEARING.
UM, IT IS ALMOST IMPERCEIVABLE.
SO I JUST, THAT'S FROM MY PERSONAL EXPERIENCE, IT, I, AGAIN, LIVE ON TOP OF THESE IMMEDIATELY ON TOP OF ABOUT 20 OF THESE THAT ARE UP AND DOWN AT ALL TIMES OF THE DAY.
AND IT HAS NEVER DISTURBED MY PIECE.
IT'S LIKELY THAT IN AN ENCLOSED SPACE WITH THE DISTANCE OF THE NEIGHBORS, THAT IT'S NOT GONNA BE A REAL ISSUE FROM MY EXPERIENCE IF IT'S MY, MY UNIT IS A KLAU AND IT'S, IT'S MUCH OLDER THAN THE NEW ONES.
ARE YOU, I DON'T HAVE ANY DISRUPTION.
ARE YOU WILLING TO PUT A CONDITION SAYING IT SHOULDN'T, IT WON'T, CAN'T BE PLAINLY AUDIBLE.
YOU KNOW, I DON'T THINK YOU CAN DO THAT.
THE LIFT ITSELF, YOU KNOW, CAN'T BE AUDIBLE TO THE ADJACENT PROPERTIES.
I MEAN, THAT'S EXACTLY WHAT THE ENCLOSURE IS MEANT
[02:20:01]
TO DO.SO THEN THERE SHOULDN'T BE A PROBLEM AND THAT SHOULD, THAT SHOULD QUOTE THE NEIGHBOR'S CONCERNS.
I DON'T KNOW IF THERE IS A CONDITION THAT ALREADY ADDRESSES THAT, BUT WE'RE HAPPY TO AGREE TO.
YEAH, AND I WOULD JUST LIKE A CONDITION THAT I BROUGHT UP EARLIER, THAT IF THERE IS A, A POWER OUTAGE, THAT THERE CLEARLY IS A METHOD FOR CARS TO BE LOWERED AND, AND RIGHT.
RELEASED EITHER MANUALLY OR, OR THE GENERATOR, I DUNNO IF THAT REQUIRES A GENERATOR OR WHETHER THEY, LIKE YOU SAID, THEY AUTOMATICALLY WORK TO, TO BLOW HER.
WE HAVE SOMEONE FROM KLAUS ON THE ZOOM AND THEY CAN SPEAK TO THAT.
IF AMANDA COULD RAISE YOUR HAND.
AMANDA, IF YOU'RE THERE, CAN YOU RAISE YOUR HAND ON THE ZOOM CALL AND SINCE AMANDA WILL BE TESTIFYING, UM, WELL, WE GOTTA SEE IF SHE'S THERE.
BRIDGET, DO YOU SWEAR THE TESTIMONY YOU'LL GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES.
HI EVERYONE, THIS IS AMANDA RODIN, ENGINEERING MANAGER FROM KLAUS PARKING.
UM, SO I WOULD LIKE TO SPEAK ON THE SOUND OF THE LIFTS.
UH, WE ACTUALLY HAVE THE LIFTS INSTALLED AT A PROJECT NEARBY, WHICH IS COMPARABLE TO THIS ONE.
WE HAVE 10 LIFTS INSTALLED, WHICH IS A BOUTIQUE APARTMENT BUILDING.
UM, THE SOUND IS INAUDIBLE AND FOR THIS PROJECT WE WOULD, THE SOUND COMES FROM THE POWER PACK.
SO FOR THIS PROJECT WE WOULD ONLY NEED ONE POWER PACK.
AND, UM, THE SOUND IS IN INAUDIBLE.
WE ACTUALLY HAVE SOUND STUDIES AND, UM, IT'S, IT'S EQUIVALENT TO AN AC UNIT, YOU KNOW, THE, THE SOUND OF THAT.
AND ALSO TO BRING THE SYSTEM DOWN IN A POWER OUTAGE, YOU RELEASE THE, UM, THE LOCKS ON EACH SIDE, WHICH THE VALET ATTENDANT OR SOMEBODY ON A MAN, UH, MAINTENANCE PERSON ON SITE.
OR AS WELL, WE OFFER, UH, 24 7 EMERGENCY CALLS AND WE'RE RIGHT DOWN THE STREET.
SO WE HAVE OUR TECHNICIANS THAT CAN COME OUT IN CASE OF ANY, UM, IF, IF THE PERSON ON SITE DOESN'T KNOW HOW TO BRING THE CARD DOWN.
BUT THEY DEFINITELY FUNCTION IN A POWER OUTAGE? YES.
YOU CAN BRING THE CARD DOWN, RIGHT? CAN'T RAISE IT, BUT NOT THE BACKUP.
ARE THESE JUST STACKERS? YES, JUST STACKERS ARE DOUBLE STACK.
ANY QUESTIONS OF HER WHILE SHE'S ON THE ZOOM CALL? ALRIGHT, THANK YOU SO MUCH.
I HAVE A QUESTION THOUGH FOR GO AHEAD.
UM, SO OBVIOUSLY THIS IS GONNA BE, LET'S CALL IT A SHORT TERM HOTEL STAY.
IS THERE, I KNOW THAT JUST MECHANICAL IS UNDER OUR PURVIEW, BUT IS THERE ANY PLAN TO HAVE CONCIERGE OR SECURITY IN THE LOBBY JUST TO MAKE SURE THAT NORTH BEACH DOESN'T BECOME WHAT SOUTH BEACH IS TRYING TO VEER AWAY FROM AND HAVE THAT NOT COME BACK
NO, BUT THE, THE INTENT OF AN APARTMENT HOTEL IS THAT THE APARTMENT IS WHERE THE PERSON WHO'S MANAGING THE FACILITY IS THERE.
OF COURSE, NOW, I DON'T KNOW IF THERE'LL BE 24 7, UH, YOU KNOW, UH, ATTENDEE IN THE LOBBY, BUT I'M SURE THAT THERE'LL BE A SECURITY, YOU KNOW, IT'S A HOTEL, SO YOU'LL NEED A KEY AFTER HOURS OR TO CALL SOMEONE TO BE ABLE TO BE LET IN.
I'M SURE THERE'LL BE SECURITY CAMERA SYSTEM.
I'M SURE THAT THEY'LL PROVIDE ALL OF THAT TO AGAIN, SECURE THEIR PROPERTY AND HAVE IT BE SAFE FOR THEIR GUESTS AND FOR THE NEIGHBORHOOD.
I'M ALSO CURIOUS, SINCE THIS IS KIND OF MY NEIGHBORHOOD, HOW, HOW LARGE ARE THE UNITS? I HAVEN'T SEEN ANY OF THAT, SO I, I'M NOT FAMILIAR.
UM, THEY'RE FAIRLY SMALL, BUT THEY'RE SUITE, SUITE, LIKE SUITE ROOMS. WHAT DOES FAIRLY SMALL MEAN? 600 SQUARE FEET, I THINK IS THE OTHER, IT'S LARGE
BUT AGAIN, NOT WITHIN OUR PURVIEW, SO WE COULDN'T EVEN NO.
I'M JUST CURIOUS, JUST CURIOUS.
NO, NO, I'M, I'M ASKING FOR MY QUESTION, NICK.
IS THAT CORRECT? I MEAN, YOU COULDN'T REQUIRE THAT IF THE APPLICANT MADE A VOLUNTARY PROFFER.
I MEAN, I THINK THAT WOULD BE FINE, BUT NO, THE ONLY THING BEFORE YOU RIGHT NOW IS MECHANICAL PARKING.
ANY OTHER QUESTIONS? SOMEONE WANNA MAKE A MOTION? I, I WOULD MAKE A MOTION TO APPROVE IT WITH THE CONDITION THAT IT IS ADDED THAT, UH, THE NOISE FROM THE LIFT SHALL NOT BE PLAINLY AUDIBLE TO THE NEIGHBORING BUILDINGS.
WAS THERE ANYTHING ELSE? OUR ROOFTOP, UH, PROFFERED CONDITIONS, RIGHT? YEAH.
[02:25:01]
WAS THE ONE VOLUNTARY PROFFERED THAT WE'VE MADE.YOU HAVE A SECOND? I'LL SECOND THAT.
ANYONE OPPOSED? ALRIGHT, THANK YOU VERY MUCH.
[8. PB25-0765. 1600 Washington Ave – CD-3 Urban Core Residential Plan, Land Development Regulations Amendments]
[9. PB25-0766. 1600 Washington Ave - Urban Core Residential Incentives Plan Comprehensive Plan Amendment]
LAST, UH, ITEM IS A COMPANION ITEM PLANNING BOARD FILE 25 0 7 6 5 AND OH 7 6 6 WASHINGTON AVENUE, UH, LAND DEVELOPMENT REGULATION AMENDMENTS, AND COMPREHENSIVE PLAN AMENDMENT.SO THESE TWO, UM, ITEMS ARE SPECIFIC TO, UM, THE CD THREE URBAN CORE RESIDENTIAL PLAN.
UM, THIS IS FOR A PROPERTY LOCATED, UH, THESE WERE BOTH PRIVATE APPLICATIONS, UH, SUBMITTED BY THE PROPERTY OWNER OF 1600 WASHINGTON AVENUE.
UM, THE, THE LDR AMENDMENT AND THE COMPANION COMPREHENSIVE PLAN AMENDMENT PROPOSED TO INCREASE, UM, THE MAXIMUM INTENSITY OR FAR FROM THE EXISTING 3.02, 3.25.
UM, THERE'S ALSO PROPOSED INCREASE IN HEIGHT FROM 100 FEET TO 150 FEET.
THERE ARE NO CHANGES TO THE, UM, ALLOWABLE MAXIMUM DENSITY, WHICH IS 150 UNITS PER ACRE.
UM, THERE ARE SEVERAL OTHER MODIFICATIONS INCLUDING, UM, PARKING, UH, PARKING REDUCTION IN MOBILITY FEE WAIVER THAT ARE PART OF THE CURRENTLY PROPOSED, UM, AMENDMENTS.
NOW BECAUSE THE LDR AMENDMENT DEALS WITH AN FAR INCREASE, WE ARE MOVING THROUGH THIS SIX STEP PROCESS THAT WE HAVE OUTLINED IN OUR, IN OUR CODE.
UM, WE HAD STEP ONE, WHICH WAS THE FIRST HEARING IN FRONT OF THE PLANNING BOARD ON SEPTEMBER 9TH.
UM, THAT DISCUSSION, UM, WAS THEN CONTINUED, UH, TO TODAY'S MEETING SO THAT WE COULD HAVE TIME FOR STEP TWO, WHICH WAS OUR PUBLIC OUTREACH MEETING.
UM, FOLLOWING THE SEPTEMBER MEETING, WE DID SCHEDULE, UM, THE PUBLIC OUTREACH MEETING FOR NOVEMBER 12TH.
THAT MEETING WAS WELL ATTENDED, UM, AND WE DID HAVE FIVE SPEAKERS COMMENT ON THE SUBJECT APPLICATIONS, THE PRIMARY CONCERNS THAT SEVERAL, UM, OF THE SPEAKERS EXPRESSED OR REGARDING THE HEIGHT OF THE BUILDING.
UM, THERE WERE SOME SUGGESTIONS THAT THEY, UH, COMMUNITY MEMBERS BELIEVED THAT THE 150 FEET WAS OVERWHELMING TO THE ADJACENT HISTORIC DISTRICT.
UM, AND, UH, SEVERAL SPEAKERS WERE REQUESTING THAT THE HEIGHT BE REDUCED.
UM, THERE WAS ALSO SOME CONCERN EXPRESSED REGARDING PARKING ISSUES, UM, AND NOT BEING, UM, BY, BY REDUCING THE PARKING REQUIREMENT WITHIN THE ORDINANCE, THERE WAS A CONCERN THAT RESIDENTS OF, OF A RESIDENTIAL BUILDING WOULD PARK IN THE NEIGHBORING RESIDENTIAL, UH, PARKING DISTRICT, WHICH IS THE FLAMINGO PARK HISTORIC DISTRICT, UH, PARKING DISTRICT.
UM, THERE WERE A FEW COMMENTS REGARDING DESIGN.
UM, THIS I WOULD POINT OUT, UM, IS A PROJECT THAT REQUIRES HISTORIC PRESERVATION BOARD REVIEW.
THIS WAS REVIEWED BY THE HISTORIC PRESERVATION BOARD AND CONTINUED, UM, SO THE BOARD IS, THE HISTORIC PRESERVATION BOARD IS CURRENTLY WORKING WITH THE, WITH THE APPLICANT AND PROJECT ARCHITECT TO REFINE THE DESIGN, UM, TO MAKE IT MORE COMPATIBLE.
UM, BUT IN GENERAL, UM, THERE WERE, THERE WERE, UM, AGAIN, THE MEETING WAS WELL ATTENDED AND THE PRIMARY CONCERN FROM, FROM THE MEMBERS OF THE PUBLIC WARS WAS SPECIFIC TO THE HEIGHT.
UM, AND WE HAVE PROVIDED A SUMMARY IN OUR STAFF REPORT OF THAT.
UH, AND THAT WITHSTANDING THIS, UM, STAFF IS RECOMMENDING THAT THIS ORDINANCE MOVE FORWARD, UM, WITH A POSITIVE RECOMMENDATION FROM THE PLANNING BOARD, UM, AS WELL AS THE COMPREHENSIVE PLAN AMENDMENT NEESON.
I'M HERE IF YOU HAVE ANY QUESTIONS.
UH, GOOD MORNING, NEESON, CADEN AND CECILIA TORRES TOLEDO WITH AKERMAN, LLP REPRESENTING THE APPLICANT, FOUR 20 LINCOLN ROAD AMBASSADOR PAUL SAJA BUILDING, UH, A PROPERTY.
UH, WE MADE A FULL PRESENTATION TO YOU AS YOU KNOW, ON YOUR FIRST, FIRST, UH, UH, HEARING.
AND WE HAVE THE PRESENTATION TO GO THROUGH AGAIN, IF YOU HAVE ANY QUESTIONS OR COMMENTS.
UM, UH, JUST TO REFRESH, UH, THIS IS THE CITY'S URBAN CORE LINCOLN AND ROAD, AND WASHINGTON AVENUE IS ACTUALLY SORT OF GROUND ZERO WAS HISTORIC MIAMI BEACH DOWNTOWN.
THE CITY HAS BEEN TRYING FOR YEARS TO STIMULATE RESIDENTIAL DEVELOPMENT ALONG THOSE AREAS FOR PERMANENT RESIDENCE
[02:30:01]
AND NOT CONDOMINIUMS, BUT RENTAL APARTMENTS.AND, UH, AND, AND THIS IS, UH, IN FACT THE DENSITY THAT'S ALLOWED OF 150 UNITS AN ACRE CAN'T BE ACHIEVED UNDER THE CURRENT ZONING.
SO AMBASSADOR SEJA IN, IN SEEKING TO FULFILL WHAT IS THE, UH, OBJECTIVES OF THE CITY'S COMPREHENSIVE PLAN, PARTICULARLY FOR THIS AREA TO PROVIDE 24 7 LIFE WITH RESIDENTS TO THIS AREA, HAS PROPOSED, UH, A MODEST CHANGE IN THE UNDERLYING ZONING TO ALLOW 0.5 INCREASE IN FAR FROM 2.75, INCREASE IN HEIGHT FROM A HUNDRED TO 150 FEET.
NOW, I DO HAVE THIS, UH, SLIDE PRESENTATION TO SHOW YOU IF YOU'D LIKE THE COMPARATIVE HEIGHTS IN THE AREA.
THERE ARE A NUMBER OF BUILDINGS WHICH ARE AS TALL OR TALLER.
UH, INCLUDE IF, IF YOU COULD TEE THIS UP FOR A MINUTE, PLEASE.
LET ME, I DON'T WANNA TAKE YOU THROUGH IT ALL, BUT THIS BEGINS TO SHOW YOU IN THE URBAN CORE, WHICH IS THE CENTER OF GREATEST ACTIVITY, WHEREBY THE WAY THERE IS A GREATEST NEED FOR RESIDENTS RESIDENCE, RESIDENTIAL, SO PEOPLE DON'T HAVE TO COMMUTE TO THEIR JOBS.
YOU HAVE THE LOWES HOTEL, OF COURSE, YOU HAVE THE NEW HOTEL BEING BUILT AT THE CONVENTION CENTER, WHICH IS 185 FEET.
UH, THOSE ARE PICTURES OF COURSE, OF THE AREA AS MIAMI BEACH'S HISTORIC DOWNTOWN.
BUT I'D LIKE TO SKIP TO, UH, SOME OF THE COMPARATIVE HEIGHTS THAT YOU SEE THERE.
YOU HAVE THE 4 0 7 BUILDING, THE CLOCK TOWER BUILDING, UH, WHICH IS, UH, UH, WHICH IS OVER A HUNDRED, 180 SOME ODD FEET IN HEIGHT.
YOU ALSO HAVE RIGHT ACROSS THE STREET FROM OUR PROPOSED BUILDING, THE, UH, FORMER L AND R BUILDING, WHICH IS 124 FEET IN HEIGHT.
AND THEN TOWARDS THE BEACH YOU HAVE THE LOWES HOTEL, WHICH OF COURSE IS SIGNIFICANTLY TALLER.
THIS IS OUR URBAN CENTER, URBAN CORE.
UM, AND THIS BLOCK ITSELF, I CAN SHOW YOU, OH, LET ME GO FORWARD A LITTLE BIT.
YOU'LL SEE THIS IS A NEEDED REDEVELOPMENT OF THIS, OF THIS BLOCK HERE, UH, THAT YOU HAVE THE FOUR 20 BUILDING, WHICH IS A IMPORTANT HISTORIC BUILDING FRONTING ON LINCOLN ROAD, UH, WHICH AMBASSADOR SEJA HAS INVESTED MILLIONS OF DOLLARS IN MAINTAINING, PRESERVING AND ENHANCING, INCLUDING BRINGING IN FIRST CLASS RETAIL, INCLUDING A FLAGSHIP STORE FOR ZARA.
YOU ALSO HAVE THE PARKING GARAGE THAT AMBASSADOR SAJA BUILT, WHICH HAS THE TIMEOUT MARKET.
AND THIS IS THE, UM, AN AREA THAT IS, UH, REALLY, UH, THE PORTION OF THE BLOCK WHICH NEEDS REDEVELOPMENT.
AND SO FOR ALL THOSE REASONS, WE'RE HERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.
UH, BUT WE THINK THIS IS EXACTLY WHAT IS CALLED FOR, FOR THIS NEIGHBORHOOD, FOR THE CITY.
AND IT'S A, A MODEST ASK BY AMBASSADORS.
SAY, YES, OF COURSE THE LEGISLATION WOULD ALSO PROVIDE, THERE WILL BE NO SHORT TERM RENTALS ALLOWED, AND IT MUST BE RENTAL HOUSING AS WELL.
SO YOU WON'T HAVE A HOTEL, YOU WON'T HAVE SHORT TERM RENTALS.
I ASSUME NO ONE ON HERE TO SPEAK ON THIS.
ON ZOOM WE HAVE OUR FIRST SPEAKER IS JOHANN MOORE.
DO I NEED TO BE SWORN IN? UH, NO, YOU DO NOT SINCE THIS IS LEGISLATIVE MATTER, BUT TELL, BUT TELL US THE TRUTH.
UH, TO THE BOARD AND TO STAFF.
UM, I TRUST THAT, UH, MERIDIAN COURT COMMUNITIES WHITE PAPER HAS, UH, MADE THE ROUNDS.
UM, I DON'T WANT TO GO INTO, UH, THE SPECIFICS IN THAT, BUT I WOULD LIKE TO COVER, UH, A RANGE OF COMMENTS, UH, IN MY THREE MINUTES ABOUT THIS BUILDING.
NORTH OF LINCOLN ROAD IS AN ENTIRELY DIFFERENT ANIMAL FROM SOUTH OF LINCOLN ROAD.
IN TERMS OF THE IMPACT ON OUR HISTORIC DISTRICT, THERE IS NO OBJECTION TO, TO, UH, AN IMPACT, UH, OF A HEAT ISLAND NATURE OR OF A BLOCKING SUNSHINE CONTRARILY, UH, ONE OR THE OTHER BEING, BEING AN ISSUE, UH, FOR PROPERTIES NORTH OF LINCOLN ROAD, INCLUDING ON THE LINCOLN LANE NORTH, UH, PARKING LOTS PROVIDED OBVIOUSLY THAT THEY DON'T RISE TO THREE OR FOUR OR 500 FEET.
THIS PROPERTY, UH, MAKES A CLAIM, UH, AMONG OTHERS.
THAT APPROVAL SHOULD BE BASED ON THE FACT THAT THERE ARE NEARBY BUILDINGS THAT ARE HIGHER, UH, SPECIFICALLY NEARBY BUILDINGS THAT ARE IN DIFFERENT ZONING DISTRICTS.
THERE LIES THE BEGINNING OF THE SLIPPERY SLOPE AND
[02:35:01]
ONE CAN IMAGINE FURTHER CLAIMS DEEPER INTO THE NEIGHBORHOOD BEING MADE BASED ON AN APPROVAL SHOULD IT BE GRANTED FOR THIS BUILDING.I WANT TO POINT OUT THAT THERE IS NOT OPPOSITION AS SUCH TO THIS PROPOSAL.
THERE IS ONLY OPPOSITION TO ITS DISPROPORTIONATE, EXCESSIVE IMPACT ON OUR NEIGHBORHOOD.
I WENT AND REVIEWED THE SITE THE OTHER DAY AND WAS STRUCK BY THE SOMEWHAT DILAPIDATED CONDITION OF A VERY CHARMING SPANISH REVIVAL, UH, RESIDENTIAL BUILDING ACROSS THE STREET THAT HAS LOUVRE WINDOWS.
WHEN WE THINK OF THE HEAT ISLAND EFFECT, THAT THIS PROPOSAL, IRRESPECTIVE OF ITS HEIGHT, BUT CERTAINLY EXAGGERATED BY THAT NOT MODEST HEIGHT INCREASE, BUT 50% INCREASE OVER THE NORMALLY ALLOWED 100 FEET.
WHEN WE THINK OF THE HEAT ISLAND EFFECT, THAT'S GOING TO IMPACT THAT BUILDING ACROSS THE STREET, THAT BUILDING WILL AT A MINIMUM REQUIRE NEW WINDOWS.
UH, IN TERMS OF VARIOUS ASSERTIONS IN THE LETTER OF INTENT, UH, IN ADDITION TO THE 0.3, UH, CLAIMING, UH, APPROVAL BASED ON NEARBY HIGH RISES, I WOULD ARGUE THAT MULTIPLE OTHER POINTS, INCLUDING SPECIFICALLY EIGHT, NINE, AND 10, ARE BOTH UNSUPPORTED AND EASILY REBUTTED, UH, LIGHT AND AIR TO ADJACENT AREAS ARE AFFECTED.
PROPERTY VALUES SUCH AS THAT MODEST BUILDING ACROSS THE STREET WILL, I WOULD ARGUE, DECLINE AS THE HEAT ISLAND EFFECT, UH, SPECIFICALLY AFFECT THAT BUILDING.
SO I'M GESTURING IN THE DIRECTION OF VARIOUS MITIGATIONS THAT COULD HAPPEN.
I WAS ALSO STRUCK BY AN EARLIER DEVELOPMENT PROPOSAL TODAY AND NEIGHBOR'S CONCERNS, I'M SORRY, MAY I HAVE ANOTHER MINUTE OR TWO A MINUTE.
UH, BY NEIGHBOR'S CONCERNS ABOUT UNRESPONSIVENESS, WE HAD REACHED OUT TO CECILIA TORRES TOLEDO, UH, TO SPECIFICALLY ASK FOR MODIFICATIONS OF ASPECTS OF THIS PROPOSAL AND RECEIVED A RATHER UNHELPFUL RESPONSE.
WE ARE NOT OPPOSED TO THE PROPOSAL AS SUCH, BUT FOR THE DEVELOPER TO CLAIM THAT THE PROJECT CAN ONLY PENCIL OUT BY IMPOSING NEGATIVE IMPACTS ON OUR NEIGHBORHOOD IS NOT ACCEPTABLE.
SHOULD YOU CHOOSE TO GO FORWARD WITH THIS, WE WOULD ASK THAT YOU CONSIDER IMPOSING CONDITIONS THAT EXTRA 50% HEIGHT SHOULD REQUIRE AFFORDABLE HOUSING AND VARIOUS, UH, OTHER, UH, I THINK MITIGATIONS INCLUDING SPECIFICALLY A SEISMIC MONITORING REQUIREMENT IN ORDER TO PREVENT, UH, UNCOMPENSATED DAMAGE TO CONTRIBUTING BUILDINGS.
UH, WE WOULD URGE THAT THOSE B TWO CON TWO CONDITIONS THAT YOU IMPOSE.
WE ALSO WOULD PREFER THAT YOU WAIT UNTIL THE NEXT MEETING AFTER WHICH TIME THE NEIGHBORHOOD ASSOCIATION WILL HAVE HAD THE OPPORTUNITY TO WEIGH IN.
OUR NEXT SPEAKER IS JESSICA PITA.
THANK YOU PLANNING BOARD FOR HAVING ME.
FIRST AND FOREMOST, I WANT TO COMMEND EVERYONE FOR SHOWING UP TO THIS MEETING FOR ALL THE VARIED, UM, PROPOSALS.
I LOVE SEEING THIS ENGAGEMENT I AM AT, AT WORK, BUT I'VE BEEN ABLE TO LEAVE IT ON IN THE BACKGROUND.
SO I THINK THAT WE'RE SENSING AN OVERALL TREND IN MIAMI BEACH OF DEVELOPMENT FATIGUE.
THAT'S THE WAY I INTERPRET THIS.
YOU'RE STARTING TO SEE A LOT MORE COMMUNITY INVOLVEMENT AND, UH, LACK OF TRUST, IF YOU WILL, RESIDENTS, CITIZENS FEELING LIKE THINGS ARE BEING PASSED AND PERMITTED, AND THEN THEY JUMP IN AND SAY, WAIT, NO, I DIDN'T KNOW THAT.
SO THERE'S A LACK OF UNDERSTANDING, UM, OF THE IMPLICATIONS OF A LOT OF THESE PROJECTS UNTIL THEY'RE RIGHT AT OUR DOORSTEPS
NOW, GETTING ONTO THIS SPECIFIC PROJECT AT 1600, AS I KNOW MY TIME IS LIMITED.
UM, LET ME TELL YOU, MR. NEESON AND LOVELY MISS ELIA, THAT I'VE HAD THE PRIVILEGE TO, UH, TO MEET IN PERSON AND SEE VIA ZOOM.
UH, LET ME TELL YOU SOMETHING.
THIS BLOCK, CURIOUSLY
SO YOU GUYS ALREADY HAVE, AND YOU'RE HONORABLE AMBASSADOR
AND, AND WHAT A FORTUNATE GUY.
YOU KNOW, WE ARE SO HAPPY FOR HIM
[02:40:01]
THAT HE PROBABLY LIVES VERY COMFORTABLY HAVING ALL THESE PROPERTIES IN MIAMI BEACH AND GOD BLESS HIM.I WANT EVERYONE TO BE COMFORTABLE AND SUCCESSFUL AND HAPPY, BUT NOT AT THE COST OF OUR NEIGHBORHOOD, NOT AT THE COST OF OUR HISTORIC DISTRICT, SOUTH BEACH, ART DECO HISTORIC DISTRICT.
JUST LIKE YOU SEE IT ON THOSE PRETTY BROWN SIGNS AS YOU'RE GOING INTO THE BEACH.
LEMME GET BACK TO WHAT I WAS SAYING.
THIS BLOCK ALREADY HAS THE CITY CENTER STATUS, WHICH WAS CURIOUSLY ZONED THAT WAY ABOUT 20 YEARS AGO.
MR. SEFA STILL OWNED IT BACK THEN, RIGHT? KINDA KIND OF CURIOUS, RIGHT? MAYBE HE KNEW THIS IS OF COURSE, SPECULATION.
MAYBE HE KNEW, OH, ONE DAY I'M GONNA WANNA BUILD SOMETHING PRETTY TALL THERE.
CAN WE KIND OF FIX THAT ZONING UP A LITTLE? GUYS? MAYBE JUST, JUST SAYING.
SO YOU ALREADY HAVE THAT, AND THEN YOU GUYS HAVE THE AUDACITY, MR. I'M WRITING THIS DOWN, POSTING NOTES, SAYS I AM A, A TEACHER, GUYS.
UH, SO MR. NEESON, HE, HE COMES AND SAYS, I WE'RE JUST, AND, AND MISS CECILIA WE'RE JUST ASKING FOR MINOR MODEST CHANGES.
YOU ALREADY HAVE CD THREE THAT'S RIGHT THERE.
WE RUB SHOULDERS WITH RESIDENTIAL HISTORIC FLAMINGO PARK NEIGHBORHOOD.
YOU HAVE, LET ME HAVE A LITTLE BIT MORE TIME, PLEASE.
IS THAT OKAY? YEAH, BUT YOU DON'T NEED TO BE SO FACETIOUS.
I BET THAT SCOTT, I DON'T HAVE THE VIDEO UP.
HE'S GOOD AT, HE'S GOOD AT REELING ME BACK IN.
HE JUST HAS THAT GREAT ENERGY AND THAT THAT IS SOMETHING THAT I'M SINCERELY WORKING ON.
I REALLY AM TRYING TO DO DEEP BREATHS, BUT ALL RIGHT, JUST MAKE YOUR POINT.
IF YOU LOOK AT THIS PROPERTY, 1600, IF YOU'RE FACING WEST AND YOU LOOK, YOU LOOK WEST, WHAT YOU SEE IS SKY, BEAUTIFUL SKY, NOTHING TALL.
THERE'S ALSO A PALM TREE THERE.
THERE'S ALSO A CURVED BUILDING THERE.
THIS FITS IN WITH THE CONTINUITY OF THE ART DECO NEIGHBORHOOD.
THAT'S THE ONLY CURVED BUILDING IN THAT QUADRANT.
ALSO, YOU HAVE EL SHALON RIGHT THERE ACROSS THE STREET, AND THEN ACROSS THE STREET.
I THINK THERE'S THAT YUCCA, THERE'S SQUARES.
THOSE CURVED BUILDINGS ARE PRECIOUS.
THEY ARE MONUMENTAL TO, TO THE DISTRICT.
LASTLY ON ZILLOW, DO A QUICK SEARCH.
YOU'LL FIND MORE THAN 300 UNITS.
I LOOKED QUICKLY WHILE ON THE CALL, BETWEEN THREE AND 500 UNITS UNDER $2,500.
THIS CITY NEEDS TO GET BETTER.
UM, IT INCENTIVIZING REHAB OF OUR HISTORIC INFRASTRUCTURE INSTEAD OF JUST THINKING THAT WE HAVE TO BE NICE TO BUSINESS PEOPLE, NICE TO OWNERS IN THE DISTRICT BY LETTING THEM BUILD, BUILD, BUILD.
THERE ARE SO MANY MORE INNOVATIVE WAYS TO DO BUSINESS.
AND SORRY THAT I DID GET HEATED.
UM, THAT'S SOMETHING I'M WORKING ON.
OUR NEXT SPEAKER IS ADAM SCHOFF.
ADAM, YOU CAN UNMUTE YOURSELF, PLEASE.
UH, FIRST OF ALL, I'D LIKE TO THANK THE PLANNING BOARD FOR, UH, ALLOWING ME TO ADDRESS THE ISSUES.
UM, JUST BRIEFLY THOUGH, LET ME MENTION THAT I HAVEN'T HAD AN ISSUE PERSONALLY, UH, WITH AMBASSADOR SEJA IN ADDRESSING THE ISSUE ON PREVIOUS ISSUES.
I'VE ASKED TO MEET WITH HIM AND HE IS MET WITH ME PERSONALLY AND DISCUSSED THE ISSUES.
SO I, I DON'T THINK THAT'S AN ISSUE.
I THINK THAT, UH, THE ISSUE SHOULD STICK STRICTLY TO, UH, THE PROPOSAL.
UM, THIS PROPOSAL, UH, IS NOT ONLY CD THREE ZONING, BUT IT ALSO HAS THE CITY CENTER DESIGNATION.
SO IT'S ALREADY, UH, ALLOWED ADDITIONAL HEIGHT.
UM, I THINK THAT THAT TIME THE, UH, CITY CENTER DESIGNATION WAS ALLOWED, IT ALREADY ALLOWED FOR THE MAXIMUM CAPACIT, MAXIMUM COMPATIBLE HEIGHT FOR OUR HISTORIC NEIGHBORHOOD.
AND I DON'T THINK THAT ADDITIONAL HEIGHT OR MASSING ARE, UH, JUSTIFIED IN THIS CASE.
UM, ONE OTHER ISSUE THOUGH IS THE PARKING.
UM, THE, UH, ZONE TWO PARKING AND FLAMINGO PARK IS COMPLETELY FULL.
IF YOU COME BACK IN THE EVENING, UH, FROM WORK, THERE'S NO PLACE TO PARK.
YOU CAN PARK 3, 4, 5 BLOCKS AWAY.
UM, AND IT WAS REPRESENTED BY THE COUNCIL OF, UH, THIS APPLICANT THAT ALL THE PARKING WOULD BE INSIDE THE GARAGE.
UM, HOWEVER, THAT WASN'T, UH, A PART OF THE APPLICATION, UH, AT THE FLAMINGO PARK NEIGHBORHOOD ASSOCIATION.
THE COUNCIL FOR THE APPLICANT INDICATED THAT AT THIS MEETING, IT WOULD BE INCORPORATED INTO THE PROPOSAL THAT PARKING WOULD NOT BE ALLOWED WITHIN
[02:45:01]
THE FLAMINGO PARK NEIGHBORHOOD OR PUBLIC PARKING.UM, I'D LIKE TO FIND OUT IF THAT HAS BEEN IN, UH, ADDED AND IF NOT, I THINK IT SHOULD BE A CONDITION.
UM, JUST BECAUSE THERE'S PARKING AVAILABLE OR SPACES AVAILABLE IN A GARAGE DOESN'T MEAN THAT SOMEBODY WON'T HAVE SEVERAL CARS OR WON'T FIND IT CONVENIENT IF THEY'RE DRIVING HOME TO PARK ON THE STREET.
SO I'D LIKE TO ASK IF THAT CONDITION HAS BEEN ADDED AND IF NOT, REQUEST IT.
THANK YOU FOR YOUR TIME, EVERYONE, AND THANK YOU FOR THE PRESENTATION.
UM, I'M A PROPERTY OWNER AT, UH, 1568 PENNSYLVANIA AVENUE, SO APPROXIMATELY ONE AND A HALF BLOCKS AWAY FROM THE PROPOSED SITE, UM, ALONG 16TH STREET.
UM, I AM SER UH, I DID NOT, WAS NOT ABLE TO ATTEND THE PREVIOUS MEETING.
HOWEVER, REVIEWING THE URBAN CORE LEGISLATION IMPACT ITEMS, I AM CONCERNED ABOUT THE BULLET POINT ON THEIR PRESENTATION FOR MINOR PEAK HOUR INCREASES IN TRAFFIC, UM, UH, SPECIFICALLY DUE TO THE, THE PROPERTY ENTRANCE DOESN'T HAVE ANY SORT OF DESIGNATED RIDE SHARE DROP OFF PICKUP ZONE.
UM, I'M REALLY CONCERNED OF, WELL, I KNOW A LOT OF THESE FUTURE RESIDENTS ARE LIKE THAT.
THEY'RE TARGETING YOUNG, AFFLUENT NURSES AND DOCTORS.
UM, I AM CONCERNED ABOUT THE IMPACT THAT THAT WILL HAVE ON THE AREA.
MORE IMPORTANTLY, I AM CONCERNED ABOUT THE RAINWATER IMPACT OF THE BALCONIES AS THEY DRAIN OFF ONTO 16TH AVENUE.
MY CAR HAS BEEN FLOODED SEVERAL TIMES IN IMPACT, HIGH IMPACT EVENTS THANKS TO THE CITY.
WE NOW HAVE ACCESS TO NEARBY GARAGES.
HOWEVER, I AM CONCERNED, I'M, I WOULD LIKE TO KNOW HOW THE, THE PROPOSED DEVELOPMENT PLANS TO MITIGATE FLOODING OF OUR NEIGHBORHOOD STREETS ALONG 16TH AVENUE, UM, FROM RAINWATER.
AND LASTLY, LIKE THE PREVIOUS SPEAKER, I'M MOSTLY CONCERNED ABOUT THE RESIDENTS OF THIS FUTURE BUILDING, GETTING ACCESS TO ZONE TWO PARKING.
UM, I, PARKING IN THE AREA IS VERY LIMITED FOR ZONE TUNED RESIDENTS, SPECIFICALLY DURING PEAK SEASON.
UM, AND LIKE THE PREVIOUS SPEAKER SAID, FOR THOSE OF US THAT WORK NINE TO FIVE JOBS OR SOMETIMES NINE TO EIGHT JOBS, WHEN WE GET HOME, AT THE END OF THE DAY, THERE'S NOT ENOUGH PARKING FOR US TO PARK IN.
UM, SO I WOULD REALLY LIKE TO SEE IF THIS, UM, IS PASSED BY THE PLANNING BOARD BLACK AND WHITE LEGISLATION FROM, UH, THAT RESIDENTS WILL NOT BE ABLE TO APPLY FOR A ZONE TWO PARKING PERMIT.
J JUST TO RESPOND TO YOU, ONE COMMENT WE'RE, WE DON'T, WE DON'T APPROVE IT, WE JUST RECOMMEND IT TO THE COMMISSION.
ULTIMATELY THE COMMISSION WILL DECIDE.
YEAH, MR. CHAIR, IF I MAY, UM, RESPOND AND SORT SOME OF THESE THINGS OUT SO IT HAS PROPER CONTEXT AS WELL.
FIRST OF ALL, FOR THOSE ISSUES WITH RESPECT TO THE PARTICULAR DESIGN, THOSE WILL BE DETERMINED BY THE DESIGN REVIEW BOARD.
OBVIOUSLY NOT THIS BOARD, THIS IS A LEGISLATIVE MATTER TO CHANGE THE, UH, AND THE COMP PLAN TO CHANGE THE FAR AND THE HEIGHT.
WITH RESPECT TO PARTICULAR, A COUPLE, AN ISSUE THAT WAS RAISED BY A COUPLE OF PEOPLE, WHICH WAS NO RESIDENTIAL USE OF RESIDENTIAL PARKING.
THIS BOARD DID CONSIDER AND APPROVED A CONDITIONAL USE PERMIT FOR THE PROJECT WITH SPECIFIC CONDITION THAT THE RESIDENTS OF THIS BUILDING CANNOT HAVE RESIDENTIAL PARKING IN THE NEIGHBORHOOD, SEPARATE PROCESS.
BUT THAT'S ALREADY BEEN TAKEN CARE OF AND IS IN YOUR ORDER.
I WOULD ALSO LIKE TO POINT OUT, THEY HAVE, WE'RE HERE AT OUR PRIOR MEETINGS, BUT THIS LEGISLATIVE CHANGE HAS BEEN ENDORSED BY THE LINCOLN ROAD BID AS WELL AS THE WASHINGTON AVENUE BID.
UM, AND IN ITS BROADER CONTEXT, THIS IS, UH, THIS IS ALMOST THE POSTER CHILD IF WE REALLY WANT TO INCENTIVIZE RESIDENTIAL DEVELOPMENT ALONG THE WASHINGTON AVENUE.
CARTER COMMISSIONER SU SUAREZ, WHO IS SITTING HERE, HAS BEEN TRYING FOR TWO YEARS TO DO THAT.
AND THIS FALLS ALSO WITHIN THE PARAMETERS OF HIS PROPOSED LEGISLATION AS WELL.
IF WE CAN'T DO IT HERE, THEN WE'RE NOT SERIOUS ABOUT REALLY INCENTIVIZING RESIDENTIAL
[02:50:01]
DEVELOPMENT IN THE URBAN CORE OF OUR, OF OUR CITY.UM, THE FINAL THING I WOULD LIKE TO SAY, I KNOW IT WAS MENTIONED ABOUT AMBASSADOR SEJA.
AMBASSADOR SEJA PURCHASED THIS PROPERTY ABOUT 30 YEARS AGO, THE ENTIRE BLOCK WHEN NOBODY WAS INVESTING IN LINCOLN ROAD.
HE HAD THE FAITH AND THE CONFIDENCE AND THE WILLINGNESS TO INVEST HIS MONEY WHEN OTHER PEOPLE WEREN'T.
AND HE'S NOT A FLIPPER WHO BOUGHT THE PROPERTY AND SOLD IT.
HE'S HELD IT FOR 30 YEARS, HAS PUT MILLIONS AND MILLIONS OF DOLLARS IN UPGRADING THE PROPERTY, IS MAINTAINING ONE OF THE MOST, PROBABLY THE LARGEST HISTORIC BUILDING IN THE CITY.
AND HE IS ASKING TO REDEVELOP THAT PORTION, THE 1600 WASHINGTON AVENUE CORNER, TO FULFILL WHAT EVERYONE IN THE CITY WANTS, WHICH IS MORE RESIDENTIAL HOUSING.
I THINK HE SHOULD BE LAUDED FOR HIS, UH, COMMITMENT TO THIS NEIGHBORHOOD, TO THE CITY.
UH, NOT TO MENTION ALL THE OTHER GREAT THINGS HE HAS DONE FROM THIS CITY, FOR THIS CITY, FROM THE BASS MUSEUM ON, ON DOWN, BUT LAUDED FOR HIS TRYING TO MAKE THIS A BETTER NEIGHBORHOOD AND A BETTER, UH, 24 7 COMMUNITY.
SO WE, UH, AGAIN, WOULD APPRECIATE YOUR SUPPORTIVE VOTE FOR THIS.
ARE YOU SPEAKING ON THIS? OKAY.
AND, UH, KEITH, AS I SAID, AND WHEN NEESON WAS IN FRONT OF US BEFORE, I THINK IT'S A GREAT PROJECT AND I'M FULLY SUPPORTIVE.
UM, YOU KNOW, WHEN IT CAME UP BEFORE I MENTIONED THAT IF THERE'S ANYWHERE IN THE CITY THAT WE SHOULD INCREASE OUR FAR, IT'S THE CITY CENTER.
UH, THIS BUILDING IS KIND OF RIGHT ON THE BORDER OF THAT, AND IT IS A RATHER LARGE BUILDING.
AND IT, I MEAN, IF THIS WAS NORTH OF LINCOLN ROAD, GREAT.
IT'S RIGHT BORDERING RIGHT AT THE, THE, UM, TO THE LOW SCALE NEIGHBORHOOD, TWO AND THREE STORY BUILDINGS RIGHT ACROSS THE STREET FROM IT TO THE SOUTH.
UM, WITH THAT BEING SAID, UM, YOU KNOW, I COULD SEE MYSELF VOTE VOTING TO RECOMMEND THIS, BUT I'D LIKE TO SEE TWO THINGS IN OUR RECOMMENDATION.
UM, AND THESE ARE THINGS I MENTIONED BEFORE.
ONE IS THAT THERE HAS TO BE, AND, AND LEAVE THIS UP STAFF FOR THE COMMISSION, SOME SORT OF ARTICULATION, THE BUILDING SETBACKS, THINGS LIKE THAT.
SOMETHING TO MAKE IT MORE, EXCUSE ME, MORE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD.
LIKE I SAID, YOU, YOU HAVE A 150 PLUS STORY BUILDING ACROSS THE STREET FROM TWO AND THREE STORY BUILDINGS.
SO OUR, I THINK OUR RECOMMENDATION SHOULD BE THAT THERE HAS TO BE SETBACKS OR SOME KIND OF ARTICULATION ON F ON THE FACADE, SOMETHING LIKE THAT.
I DON'T KNOW WHAT THOSE ARE, BUT I, I'D LIKE TO SEE THAT IN OUR RECOMMENDATION ALSO.
UM, AND I'M, I BROUGHT THIS UP BEFORE, A LOT OF THESE OTHER LARGER PROJECTS THAT WE'RE ASKING FOR FAR INCREASES, WE ASK FOR A PUBLIC BENEFIT.
I THINK WE SHOULD ASK FOR ONE HERE, BUT COMMENSURATE WITH THE INCREASE IN, IN, IN DENSITY YOU'RE ASKING FOR, I'M NOT SAYING A PARK, I DON'T KNOW WHAT THAT IS, BUT I THINK OUR RECOMMENDATION SHOULD BE TO THE COMMISSION TO HAVE SOME KIND OF PUBLIC BENEFIT.
AND IF THOSE TWO THINGS ARE IN OUR RECOMMENDATION, I'M GONNA GO ALONG WITH IT AND, AND, AND VOTE IN FAVOR.
OKAY, JONATHAN? NO, I THINK WE'VE COVERED A LOT OF THESE ISSUES THE LAST TIME I JUST, I, AND TO THE RESIDENTS CONCERNS ABOUT PARKING, I THINK IT WAS COVERED AS PART OF THE CONDITIONAL USE PERMIT, SO I DON'T THINK THERE'S ANYTHING WE NEED TO DO HERE.
JUST TO RESTATE WHAT I'VE ALWAYS THOUGHT THERE SHOULD BE A SPRINGBOARD FOR MORE THOUGHTFUL RESIDENTIAL DEVELOPMENT IN THE, UH, CITY'S CORE.
I'M SUPPORTIVE JUST AS WE WERE LAST TIME.
UH, BUT THERE'S ONE THING THAT CAME UP TODAY THAT I HAVE A QUESTION.
IS IT CORRECT THAT THERE'S NO DROP OFF OR PICKUP SPOT WHERE THAT HAS BEEN INTEGRATED IN THE DESIGN OF THE BUILDING? WELL, THERE IS A DRIVEWAY IN THE BUILDING ON THE, UH, AND NOT THAT THIS IS THE, UH, THE PAINT WORK CONSIDERATION, BUT THERE IS ON THE, IN THE ALLEY THAT, UH, THAT BISECTS THE BLOCK, YOU KNOW, THERE'S A ALLEY, UH, THAT'S SEP IN THE MIDDLE OF THAT BLOCK AND THAT ALLEY WILL BE ABLE TO BE USED FOR THE CARS TO GO IN AND OUT AND DROP OFF A NEW, OUR NEWBURG COMING TO PICK UP A RESIDENT WILL BE GUIDED TO THAT SPECIFIC ADDRESS DOOR ENTRANCE.
WELL, THAT, THAT IS WHERE THE PARKING IS AND THAT'S WHERE THE, UH, DROP UP WOULD BE.
I DON'T, THE FINAL DESIGN HASN'T BEEN DONE, BUT IT'S ACCOUNTED FOR.
AND IF YOU LOOK AT THE BLOCK ITSELF, I'D BE HAPPY TO BRING THAT BACK UP.
YOU CAN SEE THEY HAVE THAT INTERNAL CIRCULATION IN THE ALLEY.
BECAUSE THAT'S JUST ONE CONCERN.
I MEAN, I AM FOR THESE BUILDINGS THAT ARE TRYING TO REDUCE SOME OF THE, UH, PARKING, RE RE REQUIREMENTS,
[02:55:01]
BUT WE DO NEED TO CONSIDER THE IMPACT IT'S HAVING ON SOME OF THOSE MAIN STREETS AROUND THERE.UM, I AM EXCITED ABOUT HAVING NEW HOUSING, UM, ESPECIALLY THAT SUPPORTS OUR WORKFORCE.
UM, I DID, I WOULD LIKE TO SUGGEST TO, I'M GONNA VOTE IN FAVOR OF THIS.
I WOULD LIKE TO REQUEST THAT, UM, PARKING BE REQUIRED IN THE GARAGE.
I'M, I'M AFRAID THAT WHAT'S HAPPENING IS I'M SEEING MORE AND MORE PROJECTS THAT ARE ELIMINATING PARKING COMPLETELY.
AND EVEN IF WE ARE, EVEN IF WE HAVE A, A RESIDENTIAL BASE THAT HAS, YOU KNOW, ALTER, YOU KNOW, ALTERNATIVE, UM, MOBILITY, I THINK THAT WE NEED TO HAVE SOME PARKING.
WE'VE GONNA HAVE, WE'RE GONNA HAVE PEOPLE THAT ARE GONNA LIVE IN OTHER PARTS OF THE CITY.
WE'RE GONNA HAVE PEOPLE, YOU KNOW, MOVING TO, YOU KNOW, NOT MOVING, EXCUSE ME, UH, DRIVING INTO MIAMI.
AND I JUST THINK THAT WE NEED TO, TO HAVE SOME PARKING.
AND IF WE COULD USE THAT PARKING GARAGE, I THINK THAT WOULD BE, AND WE ARE HELPFUL.
THIS, THIS ORDINANCE ALLOWS US TO, AND WE WILL BE USING THE GARAGE.
IS THAT REQUIRED THOUGH? I MEAN, IS I THOUGHT, I THOUGHT IT SAID THAT YOU COULD USE IT.
THE, THE LDR DOES NOT REQUIRE THE PARKING TO BE PROVIDED, BUT IT ALLOWS THEM TO, CAN WE REQUIRE THAT? WOULD THAT BE SOMETHING THAT YOU WOULD LOOK AT? 'CAUSE I, I DON'T WANT TO GET AWAY FROM US HAVING NO PARKING AT ALL.
WELL, I THINK AS A PRACTICAL MATTER, IN ORDER FOR THEM TO BE ABLE TO RENT UNITS, THEY'RE GONNA HAVE TO PROVIDE PARKING ANYWAY.
BUT I WANNA REQUIRE THAT I ASK, WELL, IT WOULD BE, THAT WOULD GO WITH THE RECOMMENDATION WOULD ASK COMMISSION.
YEAH, I ASK THAT OF THE COMMISSION.
UM, AND ALSO, UM, WHAT, WHAT ARE, WE'RE WAIVING MOBILITY FEES? UM, I, HOW CAN WE, I FEEL LIKE THERE NEEDS TO BE SOME SORT OF, UM, IMPACT FEES THAT ARE PAID BECAUSE I DON'T KNOW THAT, YOU KNOW, IT SAYS IN SEVERAL AREAS THAT THE SEWAGE MAY SEWER MAY BE ABLE TO HANDLE THIS OR IT MIGHT BE ABLE TO HANDLE THAT.
BUT THERE'S NOTHING THAT THAT SHOWS WHETHER IT ACTUALLY WILL BE ABLE TO, SO YOU, YOU HAD SAID SOMEWHERE IN THE DOCUMENT THAT IT WOULD BE THAT IF IT NEEDED TO BE TAKEN CARE OF, THAT Y'ALL WOULD FINANCE IT.
I'D LIKE TO SOMEHOW ADDRESS THAT, THAT, THAT WE HAVE TO MEET CONCURRENCY, BUT WE'LL SAY THIS AS PART OF THE PROCESS OF DOING A LAND USE PLAN AMENDMENT AS THAT WE ARE DOING, WE HAVE HAD ALL OF THOSE STUDIES DONE IN TERMS OF WATER CAPACITY, SEWER CAPACITY, TRAFFIC, ET CETERA.
AND IT'S WELL WITHIN, UH, WELL ABLE TO HANDLE WHAT WE ARE PRO PROPOSING TO DO.
UH, YOU KNOW, AND, UH, OF COURSE, BUT THE ACTUAL, IF THERE NEED TO BE ANY PARTICULAR UPGRADES THAT COMES THROUGH THE BUILDING PERMITTING PROCESS WHERE THEY SAY YOU NEED TO WIDEN THAT AND YOU'LL, AND YOU'LL FINANCE THAT.
WE'LL, WE'LL DO WHATEVER THE CITY REQUIRES FOR THAT IN ORDER TO MEET CAPACITY.
THIS, THE, THE LANGUAGE AND THE LDR AMENDMENT WAS, IS JUST SPECIFIC TO THE MOBILITY FEES.
SO COUNTY WATER AND YOUR FEES, ALL OF THAT WOULD STILL BE APPLICABLE.
WE HAVE TO MOVE IT FAVORABLY OR UNFAVORABLY, AND THEN IF YOU WANNA DO A SECOND MOTION WITH RECOMMENDATIONS, WE CAN DO THAT.
SO SOMEONE WANNA MOVE IT? I'LL MOVE IT.
MAKE A MOTION TO APPROVE FAVORABLY.
OKAY, ELIZABETH, ALL IN FAVOR? AYE.
OKAY, WE'RE GONNA, WELL WE'RE GONNA DO A SECOND, UM, RECOMMENDATION MOTION THAT WE CAN INCLUDE YOURS AND VOTE ON THAT.
SO THEY HAVE TO GO SEPARATELY.
WE CAN, WE, SO ANYWAY, GO AHEAD.
SO YOU'RE OPPOSED TO THE, SORRY, THEY HAVE TO GO SEPARATELY.
WE'LL MAKE A SEPARATE MOTION THAT IN CONNECTION WITH OUR FAVORABLE RECOMMENDATION, WE'D ASK THAT THE COMMISSION CONSIDER WHATEVER YOU WANT THEM TO CONSIDER.
I MEAN, THERE'S NO WAY TO, I MEAN, OKAY.
SO WAS THAT UNANIMOUS? SCOTT, WERE YOU A YES ON THAT LAST VOTE? YES.
NOW, SCOTT, GO AHEAD AND MAKE A MOTION FOR A REC, YOU KNOW, A RECOMMENDATION IN CONNECTION WITH THE FEDERAL RECOMMENDATIONS.
THAT ONE, THERE WOULD BE A PUBLIC BENEFIT COMMENSURATE WITH THE INCREASE IN, IN DENSITY THEY'RE ASKING FOR AND LEAVE IT UP TO THE COMMISSION TO DETERMINE WHAT THAT IS.
IF I COULD JUST, UM, MR. CHAIRMAN, THE, THE CITY IS CONSTRAINED AS FAR AS WHAT WE CAN REQUIRE IN CONNECTION WITH A PRIVATE APPLICATION.
UM, I THINK IF THE BOARD, THE BOARD HAS HAD SOME DISCUSSION ABOUT SETBACKS, ABOUT OTHER DESIGN REQUIREMENTS, ABOUT PARKING, THOSE ARE THE KINDS OF THINGS THAT, UM, THAT CAN BE ADDRESSED IN LEGISLATION.
UM, BUT, BUT A, A TEXT AMENDMENT LIKE THIS REALLY SHOULD NOT BE CONDITIONED
[03:00:01]
ON, UH, AN APPLICANT, UM, YOU KNOW, MAKING A GRANT OF A PROPERTY INTEREST OR, OR ANYTHING LIKE THAT.WELL, I DON'T THINK WE'RE CONDITIONING.
I THINK WHAT THEY'RE SAYING IS, IS THAT SOMETHING THAT COMMISSION CAN CONSIDER IF THE, IF THE APPLICANT WERE TO, WERE TO PROFFER SOME SORT OF PUBLIC BENEFIT, THAT'S SOMETHING THE CITY COMMISSION CAN CONSIDER.
WELL, YEAH, THAT'S WHY WE DID IT SEPARATELY.
WE'RE NOT CONDITIONING, WE ALREADY SENT IT FAVORABLY.
AND SO THIS IS JUST A MOTION FOR THE COMMISSION TO THINK ABOUT THIS.
BUT I THINK ABOUT THE, WHAT THE CITY ATTORNEY IS TELLING YOU IS THERE'S AN IMPROPER CONDITION.
AND I IF I MAY ADDRESS THIS, UH, AND I THINK THIS IS IMPORTANT TO UNDERSTAND, FIRST OF ALL THE, YOU ARE APPROVING THIS BASED ON CRITERIA.
IS THIS A GOAL OF THE COMPREHENSIVE PLAN? IS THIS CONSISTENT WITH THE COMPREHENSIVE PLAN? THE GOAL, THE BENEFIT TO THE CITY IS CREATING RENTAL HOUSING AND NOT HAVING TRANSIENT HOUSING AND ACCOMMODATIONS.
I DON'T THINK WE WANT TO, UH, ASK APPLICANTS TO BE OFFERING MONEY TO BURDEN THIS.
WELL, WELL, AGAIN, NISSAN, WE'RE NOT, WE CAN'T CONDITION IT.
NO, BUT I, BUT I, BUT I, BUT I, I THINK IT'S AN IMPORTANT DISCUSSION.
AND I WOULD ALSO POINT OUT, YOU KNOW, THIS IS ASKING FOR A 0.5 INCREASE IN FAR, RIGHT? THIS IS NOT LIKE, IF I MAY SAY SO WEST AVENUE WHERE THE FAR WENT FROM 2.0 TO 5.5 OR THE VILLE SITE WHERE IT WENT FROM 3.0 TO OVER FIVE AND A HALF, WE'RE TALKING ABOUT A VERY, VERY MODEST, MODEST INCREASE IN FAR IN ORDER TO BE ABLE TO ACHIEVE PUTTING RESTRICTIONS ON OUR PROPERTY.
IT WON'T BE ABLE TO BE CONDO, IT WON'T BE ABLE TO BE A SHORT TERM RENTAL IN ORDER TO BE ABLE TO FACILITATE WHAT THIS CITY HAS IDENTIFIED AS IT'S ONE OF THE MOST IMPORTANT GOALS FOR THIS PART OF TOWN.
ALRIGHT, WELL NICK JUST SAID, UNLESS YOU PROFFER, WE CAN'T DO IT.
SO IF YOU'RE NOT GONNA PROFFER, THEN WE'RE NOT GONNA DO IT.
SO, UM, SO THAT'S WHAT I HEAR YOU'RE SAYING HE'D HAVE TO PROFFER THAT.
SO WE CAN'T IF, IF, IF, IF WHAT IF WHAT THE BOARD'S DISCUSSING AS FAR AS PUBLIC BENEFIT IS THE, IS THE APPLICANT PROVIDING EITHER A FI UH, FINANCIAL CONSIDERATION OR A PROPERTY INTEREST? THAT'S SOMETHING THAT THE BOARD CANNOT CONDITION.
ALRIGHT, SO WE'RE NOT GONNA DO THAT.
UM, WHAT WAS THE OTHER ONE? WHAT ARE THE RECOMMENDATIONS? THE OTHER ONE WAS THAT, UM, MORE COMPATIBLE WITH THE NEIGHBORHOOD, THERE NEEDS TO BE SOME SORT OF DESIGN CONSIDERATION, RIGHT? UM, WHETHER IT BE, YOU KNOW, A SETBACK ABOVE THE FIRST FLOOR OR SETBACK ABOVE 30 FEET, SOMETHING LIKE THAT.
I DON'T KNOW WHAT THOSE ARE, BUT YOU KNOW, RIGHT NOW ON WASHINGTON AVENUE, THAT IS ONLY, YOU KNOW, YOU HAVE TALKED ABOUT THE GOOD TIME THAT WAS BUILT.
THE, THE MOXY WAS BUILT, YOU KNOW, ABOVE A CERTAIN LEVEL.
IT'S SET BACK, UM, SOME KIND OF ARTICULATION ON THE FACADE, SOME SOMETHING TO MAKE IT MORE COMPATIBLE WITH THE SURROUNDING.
ALRIGHT, SO MR. CHAIRMAN, MAY I ADDRESS THAT AS WELL? AGAIN, THIS IS A RECOMMENDATION COMMISSION, I UNDERSTAND, BUT, BUT JUST SO IT'S IN THE PROPER CONTEXT AND I UNDERSTAND THE, UH, THE, THE, THE CONCERN MM-HMM
UH, BUT I WOULD POINT OUT TWO THINGS THAT, NUMBER ONE, ACROSS THE STREET, UH, UH, AT 1601, THE BUILDING IS 124 FEET TALL, ALMOST AS TALL AS WE WERE PROPOSING.
AND, AND THIS IS ACTUALLY VERY RELEVANT.
THE, THERE IS A LARGE BUFFER TO THE WEST BETWEEN THE PROPOSED BUILDING AND THE RESIDENTIAL NEIGHBORHOOD, WHICH IS THE GARAGE ITSELF.
SO THAT IS A SETBACK OF, WELL, WELL OVER A HUNDRED FEET.
SO I THINK JUST BY ITS NATURE, YOU KNOW, I THINK IT ALREADY IS DOING THAT ACROSS THE STREET TO THE SOUTH OF THE TWO AND THREE STORY BUILDINGS.
BUT, UH, I MEAN, IF YOU LOOK PHYSICALLY AT THIS PROPERTY, IF YOU, IF IT, IT, IT'S A, IT'S A FAIRLY THIN PROPERTY.
IF YOU HAD TO SET IT BACK FROM 16TH STREET, WOULDN'T BE FEASIBLE.
WELL, I, I, IF IT'S NOT FEASIBLE, IT'S NOT.
BUT I, I, YOU KNOW, I UNDERSTAND WHAT, AGAIN, DESIGN REVIEW BOARD DEALS WITH THESE, I UNDERSTAND WHAT THE CITY WANTS TO DO.
HB DEALS, THEY WANT TO INCREASE OUR, OUR WORKFORCE OR, OR MARKET RATE HOUSING.
BUT, YOU KNOW, THE CITY ALSO WANTS TO PRESERVE OUR DISTRICT THINK THAT'S GONNA BE AN H HPB ISSUE, A NEW DEVELOPMENT, UM, UM, COMPATIBLE WITH SURROUNDING NEIGHBORHOODS.
THERE'S A LOT OF THINGS THAT THE CITY WANTS TO DO, AND THERE'S ALWAYS A BALANCE SOMEWHERE.
UM, I, I HONESTLY, I THINK WHAT'S BEING PROPOSED IS JUST A BLANK WALL RIGHT UP ON THE PROPERTY LINE, BUT H HPB IS NOT YET, YET APPROVED.
H BUT I SAID WHAT'S BEING PROPOSED, UM, WHAT I'M SAYING IS I'M, I'M NOT GONNA, LET'S SAY, RELY ON HPV OR, OR MAYBE WHAT I THINK THIS LVR SHOULD DO IS GIVE THE HPV SOME DIRECTION ON WHAT TO LOOK FOR, MEANING MAYBE A SETBACK ABOVE A CERTAIN LEVEL, FACADE, ARTICULATION, UM, UM, THOSE KIND OF REQUIREMENTS.
I DON'T SPECIFICALLY WHAT THEY ARE.
I LEAVE IT TO STAFF TO COME UP WITH SOMETHING, BUT, YOU KNOW, I'M JUST LOOKING AT WHAT'S BEING PROPOSED AND IT JUST DOESN'T FIT IN RIGHT THERE.
[03:05:01]
I MEAN, I'D LOVE TO SEE IT MORE COMPATIBLE WITH THE NEIGHBORHOOD.UM, BUT I, WELL, I THINK IT SHOULD BE IN THE LDRS CERTAINLY.
SO, SO JUST MAKE A MOTION THAT YOU, THAT THE COMMISSION CONSIDER AND ARTICUL ARTICULATE WHAT, WHAT YOU WANT.
THEN I WOULD, I WOULD MAKE THE MOTION, OR IT WOULD BE A RECOMMENDATION THAT THE CITY COMMISSION EXPLORE, UM, UM, DESIGN GUIDELINES FOR, FOR, FOR THIS, FOR, FOR THIS URBAN, FOR PARTICULAR, UM, UM, LDR CHANGE, URBAN CORE INCENTIVES THAT WOULD YEAH.
WHATEVER THEY WANT TO CALL IT.
UM, THAT WOULD MAKE ANY, THIS, THIS ONE, AND IT WOULD KIND OF SET A PRECEDENT FOR ANY FUTURE, UM, THING GOING FORWARD, UM, THAT WOULD MAKE IT MORE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD.
MAKE THE DEVELOPMENT MORE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD.
IS A RECOMMENDATION TO GO ALONG WITH THE FAVORABLE RECOMMENDATION.
AND ALSO, UH, MOBILITY FEES SOMEHOW BECAUSE WE CAN'T CONTINUE, UM, NOT SUPPORTING OUR INFRASTRUCTURE WITH DEVELOPMENT.
UM, AND AGAIN, LIKE I WAS SAYING, I THINK WE'RE GETTING INTO A SITUATION WHERE WHETHER PEOPLE WANNA RECOGNIZE IT OR NOT, WE ARE NOT REQUIRED TO WHERE A LOT OF THESE THINGS ARE NOT REQUIRING PARKING.
AND WE'RE GONNA RUN INTO A SITUATION WHERE PEOPLE, WE'RE NOT GONNA HAVE PARKING AND PEOPLE, YOU'RE GONNA HAVE AN OLDER POPULATION THAT'S GONNA NEED CARS.
AND I'M SORRY, BUT THERE'S, THERE'S GOTTA BE SOMETHING THAT I THINK THAT THE COMMISSION CAN TAKE THAT UP AS WELL.
UM, IF Y'ALL WOULD BE AMENABLE TO THAT.
DO YOU WANT THAT INCLUDE? YES.
AND CAN WE ALSO PUT IN THE, I JUST WANTED TO BE CONSIDERATE ABOUT THE DROP OFF AND PICKUP POINTS.
I REALLY DON'T WANT, I DON'T WANT A NEGATIVE TRAFFIC IMPACT ON, ON THE, UH, SO THAT NEEDS TO BE ALSO INCLUDED AS PART OF THE DESIGN REVIEW.
JUST TO BE CLEAR ON THE MOBILITY FEE, ARE, ARE YOU SUGGESTING THAT THE FULL AMOUNT OF THE MOBILITY FEE APPLY OR I THINK IT'S SOMETHING THEY CAN DISCUSS.
I THINK THAT, THAT, THAT WE'RE GETTING INTO A SITUATION WHERE, YOU KNOW, LET ME JUST GIVE, GIVE THIS AS AN EXAMPLE.
IF, IF I MAY, UM, YOU KNOW, WE HAVE A BUDGET THAT'S ALMOST A BILLION DOLLARS AND WE HAVE 80 SOME ODD THOUSAND RESIDENTS.
WELL, IN COMPARISON, FORT LAUDERDALE HAS ALMOST DOUBLE THE AMOUNT OF RESIDENTS AND THE SAME BUDGET, AND THEY MAKE REPAIRS TO THEIR INFRASTRUCTURE.
SO I'M NOT QUITE SURE WHAT THEY'RE DOING THAT'S DIFFERENT, BUT WE HAVE TO ADDRESS THAT.
AND I THINK MOBILITY FEES, I THINK, UM, IMPACT FEES, YOU KNOW, PEOPLE ARE GOING TO DEVELOP IN MIAMI BEACH BECAUSE IT'S A DESIRABLE PLACE AND WE'VE GOT TO START DOING SOMETHING.
AND I THINK THAT'S SOMETHING THE COMMISSION CAN, CAN CONSIDER AND SHOULD, UM, AND I THINK THAT'S, WOULD YOU BE AMENABLE YES.
THAT'S THE MOTION ON THE TABLE AND REQUIRING THE PARKING IN THE GARAGE FOR THIS PROJECT BECAUSE THERE'S NO PARKING.
AGAIN, THESE ARE RECOMMENDATIONS.
OBVIOUSLY THE COMMISSION WILL RECOMMENDATIONS TAKE THEM UP AND MAKE THEIR DECISION.
SO, UM, DEBORAH GOT ALL THOSE THINGS? YES.
SO LET ME JUST REPEAT THEM BACK.
UM, TO INCLUDE DESIGN, UH, GUIDELINES FOR PROJECTS THAT TAKE ADVANTAGE OF THESE INCENTIVES, UM, FOR THE COMMISSION TO FURTHER CONSIDER WAIVING THE MOBILITY FEES, WHETHER OR NOT THE ENTIRE MOBILITY FEE OR A PORTION SHOULD BE WAIVED, UM, TO ALLOCATE A LOCATION FOR PICKUP AND DROP OFF AND TO REQUIRE PARKING FOR THE PROJECT WITHIN THE EXISTING GARAGE.
AND TO CONSIDER THAT FOR FUTURE PROJECTS AS WELL AND FOR FUTURE PROJECTS.
DO WE, WE DID BOTH TOGETHER, RIGHT? YES.
WE'RE ADJOURNED UNTIL JANUARY.