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4, 3, 2, 1.

[00:00:04]

GOOD MORNING AND WELCOME TO THE JANUARY 8TH, 2026 MEETING OF THE DESIGN REVIEW BOARD.

WE HAVE A SHORTER AGENDA TODAY, AS WELL AS SOME HOUSEKEEPING ITEMS. I'M GOING TO REFER TO CITY STAFF TO CONTINUOUS ON.

ALRIGHT, SO LET'S, UH, START OFF, I GUESS THE FIRST ITEM IS THE ATTENDANCE.

SO I'LL DO A ROLL CALL.

UM, MS. OLI HERE.

MR. DIFFENDERFER? HERE.

MS. GILLER NELSON? HERE.

MR. LESTER? HERE.

MS. LEWEN? HERE.

MR. BERG? HERE.

MR. PAEZ HERE.

WE HAVE SEVEN OF SEVEN MEMBERS.

WE DO HAVE A QUORUM AND I'LL TURN IT

[ City Attorney Updates Memorandum January 8, 2026]

OVER TO THE CITY ATTORNEY FOR UPDATES.

THANK YOU.

AND GOOD MORNING.

TODAY'S MEETING OF THE DESIGN REVIEW BOARD IS BEING CONDUCTED IN A HYBRID FORMAT WITH A QUORUM OF THE BOARD PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AT MIAMI BEACH CITY HALL, AND APPLICANT'S STAFF AND MEMBERS OF THE PUBLIC APPEARING EITHER IN PERSON OR VIRTUALLY VIA ZOOM.

THOSE WISHING TO PARTICIPATE IN TODAY'S MEETING VIA ZOOM MAY DIAL THE TOLL FREE NUMBER, WHICH IS 8 8 8 4 7 5 4 4 9 9, AND ENTER THE WEBINAR ID, WHICH IS 8 2 2 7 3 9 4 1 9 2 4 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 2 2 7 3 9 4 1 9 2 4.

INDIVIDUALS WISHING TO SPEAK ON AN ITEM.

MUST CLICK THE RAISE HAND ICON IF THEY'RE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY ARE PARTICIPATING BY PHONE BEFORE I SWEAR IN THOSE WHO ARE TESTIFYING, I'M GOING TO READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION.

IF YOU ARE APPEARING ON BEHALF OF A BUSINESS, A CORPORATION, OR ANOTHER PERSON, INCLUDING AS AN ARCHITECT, ATTORNEY, OR REPRESENTATIVE OF AN APPLICANT, OR AN OBJECTOR, YOU NEED TO REGISTER AS A LOBBYIST WITH THE CITY CLERK'S OFFICE BEFORE YOU SPEAK TO THE BOARD.

IF YOU HAVEN'T REGISTERED YET, YOU SHOULD REGISTER PRIOR TO APPEARING.

YOU DO NOT HAVE TO REGISTER AS A LOBBYIST IF YOU ARE SPEAKING ONLY ON BEHALF OF YOURSELF AND NOT ANY OTHER PARTY.

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

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

THESE RULES APPLY WHETHER YOU ARE APPEARING IN FAVOR OF OR AGAINST AN ITEM, OR ENCOURAGING OR ARGUING AGAINST ITS PASSAGE, DEFEAT, MODIFICATION, OR CONTINUANCE.

I WILL NOW SWEAR IN EVERYONE WHO IS PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AND INTENDS TO PROVIDE TESTIMONY.

VIRTUAL SPEAKERS WILL NEED TO BE SWORN IN ONE BY ONE BEFORE ADDRESSING THE BOARD.

SO IF YOU'LL BE GIVING TESTIMONY TODAY, PLEASE STAND AND RAISE YOUR RIGHT HAND.

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

I DO.

THANK YOU.

AND NOW WE'LL MOVE ON TO THE

[1. After Action December 11, 2025]

APPROVAL OF THE MINUTES.

SO MOVED SECOND.

OKAY.

UH, ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

AYE.

MOTION PASSES.

OKAY.

UM, OKAY.

SO WE, WE DO HAVE SOME HOUSEKEEPING.

UM, UNFORTUNATELY OUR, OUR WONDERFUL CHAIRWOMAN, UH, AND OUR VICE CHAIR, UM, OUR, THEIR TERMS HAVE EXPIRED ON THIS BOARD.

UM, IT HAS BEEN AMAZING, UH, HAVING YOU BOTH HERE.

UM, SO UNFORTUNATELY, UH, SINCE IT IS THE FIRST MEETING OF THE YEAR, UH, WE HAVE TO SELECT A NEW CHAIR AND A VICE CHAIR.

UM, SO THAT'S OUR FIRST HOUSEKEEPING ITEM, UM, THAT WE'LL HAVE TO UNDERTAKE.

UM, SO THAT CAN BE DONE BY SOMEONE MAKING A MOTION FOR A CHAIR, AND THEN WE CAN TAKE ANOTHER MOTION FOR A VICE CHAIR AND A SECOND AND THEN TAKING A VOTE.

UM, OR IF THERE'S ANY OTHER METHOD THAT, THAT YOU WOULD PREFER TO MAKE THE SELECTION, WE CAN UNDERTAKE THAT.

I THINK WE SHOULD JUST SORT OF NOMINATE, YOU KNOW, UM, I'D ACTUALLY LIKE TO NOMINATE ADAM TO BE THE CHAIR.

I DON'T KNOW IF ANYBODY ELSE HAS ANY OTHER NOMINATIONS.

I, I SECOND THE MOTION SECOND.

OKAY.

ALL THOSE IN FAVOR? AYE.

AYE.

ANY OPPOSED? YES.

MOTION PASSES.

CONGRATULATIONS MR. CHAIR.

CONGRATULATIONS.

.

MADAM CHAIR.

THANK YOU ALL.

MADAM CHAIR, I'D LIKE TOMATE MS. OR VICE CHAIR? VICE CHAIR.

OKAY.

DO YOU WANNA TAKE A VOTE OR ROLL CALL? DO WE HAVE A SECOND? SECOND.

OKAY.

UH, ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

OPPOSED? OKAY.

MOTION PASSES.

CONGRATULATIONS MADAM VICE CHAIR.

AND I'D LIKE TO THANK SCOTT

[00:05:01]

AND, UM, MS. NELSON FOR HER TIME AND FOR BOTH OF THEIR TIMES OVER SO MANY YEARS, UM, AND THEIR CARE FOR ALL THE PROJECTS THAT CAME BEFORE THEM.

OKAY.

THANK YOU VERY MUCH.

AND IF I COULD JUST SAY THANK YOU TO ALL OF MY COLLEAGUES, UM, AND ALSO TO THE MEMBERS OF STAFF WHO OVER THE YEARS HAVE JUST BEEN SUCH A FANTASTIC RESOURCE.

UM, THIS HAS BEEN A REALLY GREAT EXPERIENCE.

I DIDN'T EXPECT TO ENG GET SO MUCH SATISFACTION OUT OF THIS AS I DID, AND I THINK EVERYBODY CAN AGREE HOW MUCH IT MEANS TO US TO BE ABLE TO GIVE BACK TO OUR COMMUNITY AND TO BE ABLE TO LEND OUR EXPERTISE TO MAKING, YOU KNOW, OUR CITY THE BEST VERSION OF ITSELF.

SO THANK YOU.

THANK YOU EVERYONE.

AND CAN I SAY I'D JUST LIKE TO THANK STAFF AS WELL AND SARAH AND EVERYBODY WHO'S BEEN WORKING ON HERE.

I WILL SAY THAT, UM, WE'VE HAD SOME CONTROVERSIES, BUT I THINK THAT IN GENERAL WE'VE MADE A BIG DIFFERENCE.

AND I LOOK AROUND THE CITY AND SEE SOME GREAT THINGS THAT HAVE, ARE BETTER BECAUSE OF THIS BOARD.

SO I REALLY APPRECIATE THE OPPORTUNITY TO SERVE.

THANK YOU MADAM CHAIR.

UM, I'D LIKE TO THANK STAFF NUMBER ONE BECAUSE STAFF IS ALWAYS ON POINT.

THEY'RE ALWAYS WILLING AND ABLE TO ANSWER ANY QUESTIONS THAT I MAY HAVE, UH, AT ANY TIME.

SO, ON BEHALF OF MYSELF, AND I'M SURE THAT I SPEAK FOR MANY OF US, UM, I WOULD LIKE TO THANK THE STAFF, ROGELIO AND EVERYBODY ELSE.

SO THE TEAM, GABRIELA AND YOURSELF, UM, FOR EVERYTHING AND, AND, AND ACTUALLY FOR BEING SO PROFESSIONAL.

AND, YOU KNOW, AND, AND WHAT I LIKE ABOUT ROGELIO IS THAT HE DOESN'T BRING HIS OWN OPINION, HE BRINGS HISTORY BEHIND IT.

SO WHEN YOU MAKE A DECISION, YOU MAKE IT BASED NOT ONLY ON FACTS, BUT ON HISTORY AS WELL.

THANK, SO THANK YOU.

THANK YOU SO MUCH FOR THE KIND WORDS.

UM, WE HAVE AN AMAZING TEAM.

UM, BUT IT'S, IT'S OUR JOB.

IT'S WHAT WE'RE SUPPOSED TO DO.

SO WE'RE, WE'RE, WE'RE VERY HAPPY TO DO IT.

UM, I DO WANT US SOME GOOD NEWS IS THE CITY OF COMMISSION HAS NOT APPOINTED ANY REPLACEMENT MEMBERS.

SO, UM, TO, UH, YOU, MR. DIFFENDERFER AND YOU, MS. GIL NELSON, UM, YOU CAN STAY FOR TODAY AND THEN HOPE IF THE CITY COMMISSION DOES NOT APPOINT YOU, GET ONE MORE MEETING.

UM, SO, UM, SO SOME, SOME POTENTIAL GOOD NEWS THERE.

WE GET TO ENJOY YOUR PRESENCE FOR HOPEFULLY ANOTHER, ANOTHER MONTH.

SO THANK YOU AND THANK YOU FOR THE KIND WORDS.

IT'S, IT'S A PLEASURE WORKING WITH THIS BOARD.

THIS BOARD IS VERY PROFESSIONAL, SO, UM, WE LOOK FORWARD TO CONTINUE DOING THAT.

ADAM, YOU'RE ON, I'M JUST PUT, PUT ON THE SPOT TODAY, .

YEAH.

UM, WITH ME.

DO YOU NEED, UH, ANYTHING WE CAN ASSIST YOU WITH? DO YOU WANNA CALL, I MEAN, IS THAT, IS THAT OKAY IF, IF I DO THE FIRST ONE AND THEN WE CAN EASE ADAM INTO IT? I'M SORRY, I DIDN'T REALIZE, I DIDN'T MEAN TO, DON'T OVERTHINK IT, YOU KNOW, UM, ABSOLUTELY.

OKAY, THEN LET'S

[2. DRB25-1100, 28 VENETIAN WAY RIGHT-OF-WAY.]

DO, UM, I GUESS THE REQUEST FOR CONTINUANCES NEED TO VOTE ON, SO THAT'S DRB 25, 110 0 28 VENETIAN RIGHT OF WAY.

AND DRB 24 1 0 6 1 1 4 1 4 ALTON ROAD.

CAN WE VOTE AT THE SAME TIME OR THE, THE, UM, I, I WOULD PREFER THAT THEY BE SEPARATE SEPARATELY BECAUSE THE SECOND ITEM, THEY MAY BE REQUESTING US, UM, THAT IT BE CONTINUED SEVERAL MONTHS INTO THE PICTURE.

OKAY.

UM, SO FOR THE FIRST ONE, UH, SIMILAR TO THE SITUATION WE'VE HAD, IT'S JUST THE PLANS ARE NOT READY.

UH, THEY'RE NOT FINALIZED YET.

UM, IT'S LIKELY WE'RE GONNA RE ADVERTISE THE ITEM AT THIS POINT, BUT IN THE MEANTIME, IF WE CAN JUST CONTINUE IT TO THE FEBRUARY MEETING, UM, AND THEN WE WILL, UH, REASSESS IF, IF THE ITEM DOES NEED TO BE RENO AT THAT POINT.

SO I MOVE THAT WE DEFER THE, UM, DRB 25 DASH 1,128 VEIAN RIGHT OF WAY TO THE FEBRUARY MEETING, AND IT'S FEBRUARY 12TH.

OKAY.

UH, WE HAVE A MOTION BY MR. ALI.

DO WE HAVE A SECOND? I'LL SECOND.

SECOND BY MR. DIFFERENT, THEREFORE.

ALL THOSE IN FAVOR? AYE.

AYE.

MOTION PASSES.

I MAKE A MOTION THAT WE

[3. DRB24-1061, 1414 Alton Road.]

DEFER TO A FUTURE MEETING DRB 24 DASH 10 61 14 14 ALTON ROAD.

GOOD MORNING EVERYONE.

UH, GRAHAM PENN, BURDALE FERNANDEZ, LARKIN TAPS, 200 SOUTH BISKIN BOULEVARD.

HAPPY NEW YEAR TO EVERYONE.

AND I, AGAIN, I'D LIKE TO THANK SARAH AND SCOTT FOR THEIR SERVICE AS WELL.

WEREN'T ALWAYS EASY ON US, BUT, UH, IT WAS ALWAYS NICE TO DEAL WITH .

UH, AS TO THIS ONE, I MEAN, I GUESS IF, IF WE HAVE TO DEFER TO A DATE CERTAIN, WE WOULD REQUEST APRIL AT THIS POINT.

UM, UH, AND WE UNDERSTAND, BASED ON MY DISCUSSION WITH MR. GARAVITO, IT'S GONNA HAVE TO BE READVERTISED.

THIS IS THE BANK OF AMERICA SITE.

THE BANK IS STILL WORKING THROUGH THE FINAL VERSION OF THE PLAN THEY WANT TO BRING FORWARD.

SO THE EARLIEST WE COULD FILE FOR THE NEW FINAL

[00:10:01]

SUBMITTAL WOULD BE IN FEBRUARY.

SO THAT WOULD GET US TO APRIL MEETING.

SO AT THIS POINT, WE WOULD REQUEST THE APRIL MEETING, UM, AND THEN FINGERS CROSSED, WE'LL MAKE IT, UH, SO THAT, THAT'S, THAT WOULD BE OUR SPECIFIC REQUEST AT THIS TIME.

WHAT IS THE, UH, THE DATE? APRIL 16TH.

SO THAT WOULD BE APRIL 16TH.

AND AGAIN, IT WOULD NEED TO BE READVERTISED ANYWAY.

SO ROGELIO, IS IT OKAY TO DEFER TO A FUTURE MEETING OR DO WE HAVE TO BE MONTH SPECIFIC? UM, WE NEED, WE NEED THE BOARD TO DEFER TO A, TO A DATE CERTAIN.

OKAY.

SO I REVISED MY MOTION THAT WE DEFER TO THE APRIL MEETING DRB 24 DASH 10 61 14 14 ALTON ROAD.

OKAY, MR. PAZ, ALL IS IN FAVOR.

AYE.

AYE.

AYE.

MOTION PASSES.

THANK YOU.

THANK YOU SO MUCH.

OKAY, WE'RE NOW GONNA MOVE ON TO NEW

[4. DRB25-1123, 2301 ALTON ROAD.]

APPLICATIONS.

DRB 25 1 1 23 23 0 1 ALTON ROAD.

THIS APPLICATION HAS BEEN FILED FOR THIS REVIEW ON AN ADVISORY BASIS FOR THE INSTALLATION OF A SERVER PUMP STATION, STATION NUMBER 25 AT THE INTERSECTION OF ALTON ROAD AND WEST 27TH STREET WITHIN THE, WITHIN THE MIAMI BEACH GOLF COURSE PROPERTY.

THE WORKS INCLUDES THE INSTALLATION OF A NEW PUMP STATION, OLDER MANAGEMENT SYSTEM, ELECTRICAL EQUIPMENT, UNDERGROUND UTILITIES, FENCING, AND LANDSCAPE SCREENING.

OKAY, SO THIS, THIS ITEM IS BEFORE THE BOARD FOR AN ADVISORY REVIEW.

SO, UM, WHAT HAPPENS IN THIS SITUATION IS ANY RECOMMENDATIONS THAT YOU HAVE GET TRANSMITTED TO THE CITY COMMISSION VIA LETTER TO COMMISSION.

AND THE ULTIMATE DECISION ON THIS ITEM, BECAUSE IT IS A CITY INFRASTRUCTURE PROJECT, UM, IS UP TO THE CITY COMMISSION TO TAKE THOSE RECOMMENDATIONS AND, AND, AND, UM, AND HOPEFULLY IMPLEMENT THEM.

UM, THE, THE PROPOSAL HERE IS FOR A SANITARY SEWER PUMP STATION.

UM, THIS IS NECESSARY, UH, TO HANDLE CURRENT AND FUTURE WASTEWATER DEMANDS.

AS THE CITY GROWS, THE, THE, THE PUMPING SYSTEM NEEDS TO GROW WITH IT.

UM, SO THIS IS, UH, INTENDED TO HANDLE THE CURRENT, THE CURRENT, UH, LOADS FOR THE SANITARY SEWER SYSTEM AND ANY FUTURE PROJECTED GROWTH.

UM, THE PUMP STATION WILL BE, UH, SCREENED BY A VIA A LANDSCAPE HEDGE.

I BELIEVE THEY'RE USING LUCIUS.

UM, AND THEN JUST A FENCE AROUND IT.

THE GATE, UM, WILL HAVE A, A VINYL COVERING SO IT WON'T BE VIEWED, SO IT WON'T BE SEEN AS A, AS A CHAIN LINK FENCE WITHIN THE SIT WITHIN THE PUMPING STATION ITSELF.

UM, THERE'S GOING TO BE THE GENERATOR, THE ELECTRICAL SYSTEMS, THOSE, THOSE ARE THE PRIMARY THINGS THAT ARE GONNA BE ABOVE GROUND.

AND THEN AN ODOR MANAGEMENT SYSTEM TO ENSURE THAT THERE, THERE IS NO SMELL.

UM, AND THIS, THEY ARE GONNA BE USING TECHNOLOGY THAT'S BEEN USED ELSEWHERE IN THE CITY.

UM, AND WE HAVEN'T HEARD OF ANY COMPLAINTS, UM, IN OTHER PARTS OF THE CITY.

UM, SO WITH THAT, I'LL TURN IT OVER.

THE, THE CONSULTANTS, UH, FOR THE CITY ARE HERE AND THEY'RE GONNA BE PRESENTING, UH, THE ITEM.

DO WE SHARE ONE MIC? UM, YOU CAN USE EITHER MIC.

YEAH, I THINK THERE'S A PRESENTATION ON, DO WE? YEAH, WE SENT A PRESENTATION YESTERDAY TO BE CORRECT.

MM-HMM .

GOOD MORNING EVERYONE.

UH, MARTIN MEDINO STANEC CONSULTING, AND I'M MORGAN GILLIS WITH STANTEC ALSO.

OKAY.

CAN, CAN YOU BRING UP THE PRESENTATION? P THIS IS, UH, DRB 24.

10 23.

1123.

OKAY.

ONE MOMENT.

ROJALIO, YOU MEAN DRB 25.

1123, RIGHT? SORRY.

DRB 25, 11 23.

YES.

IT SHOULD BE UP IN A MOMENT.

THERE IT IS.

ALRIGHT, WELL GOOD MORNING EVERYONE.

UM, AGAIN, STAN CONSULTING HERE WE'RE HELPING THE CITY WITH THE D-O-T-P-A PROJECT, UM, THE RAISING OF THE ALTON ROAD ALONG WITH THE PEDESTRIAN CORRIDOR.

AND AS PART OF THAT PROJECT, WE'RE ALSO IMPROVING THE INFRASTRUCTURE THERE.

UM, THERE'S DRAINAGE WATER MAIN, AND A SEWER SEWER LINE THAT'S BEING INTRODUCED.

SO THIS IS PUMP STATION 25, WHICH IS COLLECTING, THAT'S SEWER FROM ALTON ROAD AND THEN PUMPING IT UNDER THE GOLF COURSE TOWARDS BOOSTER STATION 28.

UM, SO DO WE CONTROL THE SLIDE? I THINK SO, YEAH.

THERE YOU GO.

THANK YOU.

UM, SO THIS PUMP STATION, PUMP STATION 25 IS ON 20, IT'S WEST 27TH STREET.

UM, RIGHT, LIKE AT THE MIDDLE OF THE GOLF COURSE, UM, ON

[00:15:01]

THE, ON THE WEST SIDE.

AND IT'S, YEAH, SO YOU HAVE IT THERE.

UM, CURRENTLY IT'S JUST AN OPEN AREA AND WE'RE GONNA INTRODUCE THE PUMP STATION.

AS MR. ROGELIO WAS MENTIONING, WE HAVE A, A WET, WELL, A BIO REM SYSTEM.

UM, WE HAVE AN ORDER CONTROL FACILITY, SOME LANDSCAPING, UM, ELECTRICAL EQUIPMENT.

UH, WE HAVE A NEW MANHOLE COMING INTO THE STATION.

UM, AND THE MAIN OBJECTIVE HERE FOR YOU GUYS IS TO, IS TO SHOW YOU HOW WE PLAN ON SCREENING THE STATION.

RIGHT? WE'RE PUTTING A, A FENCE, A CHAIN LINK FENCE AROUND THE SITE, UM, WITH THE VINYL, WITH THE BLACK VINYLS AND THEN THE CALLUS SHRUBS.

UM, WE DO HAVE A NEW TRANSFORMER THAT'S ALSO BEING SCREENED THERE.

YEAH, SO THIS IS THE, THE FINAL LOOK HERE.

UM, THIS IS LOOKING EAST.

YOU SEE THE DRIVEWAY GOING IN THE DRIVEWAY WILL ALLOW YOUR MAINTENANCE VEHICLES, INCLUDING YOUR BACK TRUCKS TO PULL IN NICELY.

UM, AND ALSO MAINTAINING THAT PEDESTRIAN CORRIDOR, RIGHT? YOU HAVE A BIKE LANE AND A, AND A SIDEWALK THAT WE WANT TO MAINTAIN THERE.

AND THEN WE'RE SHIELDING ALL OF THAT FROM THE GOLF COURSE WITH THE UC SHRUBS.

UM, WE ALSO WANTED TO NOTE THAT, UM, WE'RE ADDING IN ALONG WITH THIS PROJECT WE'RE AT THE, WITH THE PROJECT IS A NEW CORRIDOR, SIDEWALK AND BIKE LANE.

SO THAT'S GONNA BE PART OF THE OVERALL ULTIMATE IMPROVEMENTS.

SO THIS PROJECT IS DESIGNED TO INTEGRATE WITH THAT AS WE'RE ADDING IN THE BIKE LANE, THIS WILL BE FURTHER OFFSET FROM THAT.

UM, WE'RE ALSO GOING TO BE ELEVATING SOME OF THE GENERATORS AND TRANSFORMERS, BUT ALONG WITH ELEVATING THAT ABOVE THE DESIGN FLOOD ELEVATION, WE'RE ENSURING THAT OUR SHRUBS ARE GONNA BE EVEN HIGHER THAN THOSE TRANSFORMERS, THE TOP OF THE TRANSFORMER AND THE TOP OF THE GENERATOR.

AND WE'RE ALSO GONNA BE KEEPING THE EXISTING GOLF CART PATH BEHIND THE STATION.

SO WE WON'T BE INTERRUPTING ANY OF THE, UM, LANDSCAPING OF THE ACTUAL GOLF COURSE.

HERE'S SOME MORE PHOTOS, SOME MORE VIEWS OF THE LANDSCAPING WILL BE PROVIDING FOR THE PUMP STATION.

SO YOU CAN SEE THE VIEW FROM THE BIKE PATH.

IT'S, UM, THE PUMP STATION WILL BE TO THE RIGHT OF IT.

AND ONE THING IMPORTANT TO NOTE IS WE ARE INSTALLING A ODOR CONTROL SYSTEM THAT HAS BEEN USED IN MULTIPLE STATIONS ACROSS THE CITY.

UM, FOR EXAMPLE, THERE'S ONE IN SUNSET HARBOR THAT'S BEEN USED.

THIS BIO CONTROL SYSTEM IN CONJUNCTION WITH THE WAGER CONTROL SYSTEM, THE BIOGRAM SYSTEM.

WHAT IT DOES IS ACTUALLY TREATS THE ODORS THAT ARE BEING COME COMING FROM THE STATION.

THEN THERE'S ANOTHER SAFEGUARD OF THAT WAGER CONTROL VALVE, WHICH WILL BE PUT ON TOP OF THE ONE OPENING FOR THE PUMP STATION.

AND THIS, THIS WHOLE, THIS WHOLE PROCESS IS DESIGNED TO TREAT ANY OF THE FOUL ODORS GENERATED BY THE STATION.

AND ANOTHER ADDITION THAT WE'RE ADDING TO THE STATION IS, UM, FBL L'S GONNA COME IN AND ADD A NEW TRANSFORMER IN THE PARKING LOT OF THE GOLF COURSE SO IT CAN CONNECT TO OUR NEW STATION AND PROVIDE POWER FOR THE PUMPING AND FOR THE ODOR CONTROL SYSTEM.

UM, AND I KNOW ONE POINT OF CONCERN WAS THE DESIGN FLOOD ELEVATION.

SO WE ARE ENSURING THAT OUR, UM, ALL OF OUR ELECTRICAL EQUIPMENT IS RAISED AT LEAST THREE FEET ABOVE THE BASE FLOOD ELEVATION.

SO OUR BASE FLOOD ELEVATION IN THIS CASE WOULD BE, UM, EIGHT FEET.

AND THEN WE'RE GONNA BE RAISING ALL THE WAY TO ABOVE 11 FEET NGVD 29.

I THINK.

NOW WE'D LIKE TO OPEN UP TO ANY QUESTIONS.

THANK YOU VERY MUCH.

UM, ARE THERE ANY OTHER MEMBERS OF THE PUBLIC WISHING TO SPEAK? IS THERE ANYBODY ONLINE? IF YOU'RE ONLINE AND YOU'D LIKE TO SPEAK, PLEASE RAISE YOUR HAND.

I SEE NO HANDS RAISED.

OKAY.

I'M NOW CLOSING THE PUBLIC PORTION.

ADEEL, DID YOU NEED? YEAH, YEAH.

THREE QUESTIONS I WOULD LIKE, UH, FIRST THE, UM, THAT THAT'S GONNA BE IN OR INSTALLED IN THE FENCING INSTEAD OF THE COLORED, YOU SAID IT'S GONNA BE THE COLORED BLACK? YES.

IS THERE A REASON WHY WE COULD NOT CHANGE IT TO GREEN? UM, IT WAS A, IN THE, UH, QUESTIONING FROM THE INITIAL RFI OR UH, INITIAL RFI WHEN WE SUBMITTED OUR PROJECT MM-HMM.

YOU REQUESTED BLACK IN THE, THE REQUESTED BLACK.

OKAY.

YEAH.

AND, AND OTHER PROJECTS THAT WE'VE DONE WITH LANDSCAPE ARCHITECTS WE'RE ENGINEERS, SO WE'RE NOT ABOUT THE PRETTY STUFF, BUT THE LANDSCAPE ARCHITECTS HAVE ALWAYS ADVISED US TO USE BLACK GREEN SEAMS. YOU KNOW, IT SEEMS LIKE THE CONTRAST WITH THE GREEN CHRY IN FRONT OF IT WOULD CAUSE YOU WOULD NOTICE THE DEFENSIVE BEHIND IT MORE IF IT'S BLACK VERSUS GREEN.

DAVE, THEY'VE ADVISE US THAT BLACK KIND OF, YOU KNOW, BLENDS IN BETTER.

IT KIND OF FADES WAY BETTER WITH THE, WITH THE GREEN, SO.

OKAY.

UH, SECOND QUESTION.

THE SHRUBS, YOU SAID THEY'RE HIGHER THAN THE FENCING OR SHRUBS WILL BE HIGHER THAN THE GENERATOR A HU AND THE ELECTRICAL EQUIPMENT, BUT DO YOU KNOW HOW MUCH HIGHER IT WILL BE? IT'LL BE THE, WE HAVE ON THE, ON THE SPECS THAT THE CONTRACTOR'S REQUIRED TO INSTALL SHRUBS AT MATURE HEIGHT 10 FEET.

UM, AND THAT'S 10 FEET ABOVE GRADE.

OKAY.

THE FENCE IS ALSO 10 FEET ABOVE GRADE, WHICH IS, IT'S GONNA BE RIGHT AT THE SAME HEIGHT LEVEL.

YEAH, IT'S GONNA, WELL THE FENCE AND THE, AND THE

[00:20:01]

SHRUBS ARE GONNA BE AT THE SAME LEVEL.

AND THEN THE TOP OF THE CONTROL PANELS, IT'S, I WANT TO SAY LIKE NINE OR, YEAH.

UH, YEAH, LIKE IT'S, IT'S, THERE'S ABOUT A FOOT OF DIFFERENCE BETWEEN THE TOP OF THE PANEL AND THE, AND THE TOP OF THE FENCE.

OKAY.

I WOULD JUST THINK WOULD BE NICE WHERE WE COULD HAVE LIKE AT LEAST THREE OR FOUR INCHES OF SHRUBBERY ABOVE THE FENCE LINE, SO YOU DON'T HAVE ANY CHANCE OF SEEING IT FROM LIKE A, A BUS OR LIKE A TOUR, TOUR GROUP DRIVING BY WOULD SEE OKAY.

THAT IT'S A, LIKE A PLANT VERSUS WE CAN LOOK INTO THAT.

I, I DON'T KNOW IF YOU GUYS ISSUE A COMMENT AND THEN WE CAN ADDRESS IT AND, OR I CAN JUST BRING, UH, MAKE SURE THAT WE ADDRESS THAT WITH OUR PM.

OKAY.

AND THEN THE LAST QUESTION IS, I SEE THAT YOU, YOU'VE MENTIONED THAT YOU'RE INSTALLING A BIKE LANE AND THERE'LL BE, UM, THERE SHOULD BE TRAFFIC COMING IN OUT THAT STATION WITH A, UH, FROM A PUMP STATION WITH THE EQUIPMENT.

WILL THERE BE LIKE A MIRROR OR BOLLARDS OR ANY TYPE OF OTHER NOT NOTIFICATION THAT THERE IS SOON BE COMING? THERE WILL BE A EQUIPMENT OR VEHICLES COMING IN AND OUT THAT, UH, STATION, SO CARS OR BIKES, BICYCLES WILL BE AWARE THAT THERE'S POTENTIAL TRAFFIC COMING IN AND OUTTA THAT AREA? UM, HMM.

WELL IT, YEAH, WE HAVE A, THERE'S A DRIVEWAY COMING IN, SO THAT'LL BE A PERMANENT DRIVEWAY THERE.

YEAH.

SO LIKE IT'LL BE GOING OVER THE SIDEWALK BY ANY MEANS, I GUESS.

YEAH.

THE DRIVEWAY WOULD NOTIFY THAT YOU ARE, CARS WILL BE COMING IN AND OUTTA IT.

BUT YEAH, I WONDER IF THERE'S SHOULD BE ANYTHING ELSE LIKE A MIRROR, YOU KNOW, A BLIND SPOT MIRROR COMING IN AND OUT JUST IN CASE EQUIPMENT, THE CAR TRUCK COMING OUT OF THE PLANT WILL SIDES SWIPE A BIKER.

UM, THAT'S A GOOD IDEA.

THE BLIND SPOT MIRROR.

YEAH, WE CAN, WE CAN INCORPORATE THAT IN THERE.

AND I'M TRYING TO THINK OF WHAT ELSE WE CAN USE.

HOW OFTEN DO YOU ANTICIPATE CARS GOING IN AND OUT TO SERVICE IT OR MAINTENANCE? COULD BE LIKE ONCE EVERY TWO WEEKS.

OH, I THOUGHT, I THOUGHT IT WAS BE LIKE A DAILY NO MAINTENANCE.

IT'S MORE TWO WEEKS.

IT'S TRUCKS COMING IN.

YEAH.

YEAH.

IT'S LARGE MAINTENANCE TRUCKS.

UM, TO PULL A PUMP OUT OR REPLACE A PUMP OR VAC OUT THE STATION.

OH, OKAY.

I THOUGHT IT WOULD BE A CREW IN THERE EVERY OTHER DAY OR DAILY.

BUT IF THAT'S EVERY OTHER WEEK IT COULDN'T HURT TO HAVE A, A BLIND SPOT MIRROR OR SOME TYPE A BALLARD THAT INDICATES THAT THERE'S THE BALLARD.

I'M TRYING TO UNDERSTAND, UM, HOW THE, THE PURPOSE OF THE BALLARD, UM, IS IT TO KIND OF DELINEATE THE, THE ENTRANCE JUST TO PROTECT THE FENCE IN CASE OF EQUIPMENT.

THE TRUCK, UH, TAKES A TURN TOO QUICKLY OR, YOU KNOW, IT'S NOT, IT'S NOT NECESSARY, BUT I THINK IT MAKES IT MORE ESTABLISHED THAT IT'S AN ENTRY FOR A, UH, PLANT OR PROTECTIVE SURROUNDING FENCING.

YEAH.

'CAUSE WE USUALLY DON'T, DON'T PUT A, A BALLARD, UM, AT ENTRYWAYS FOR STATIONS.

'CAUSE I THINK THAT WE MAKE THE, IT'S MORE WAREHOUSE AND INDUSTRIAL TYPE OF, OR COMMERCIAL USE FOR A BUILDING.

BUT YEAH, WE MAKE EM, WE MAKE THE DRIVEWAY WIDE ENOUGH.

IT'S A STANDARD, UM, GRAB AISLE AND THEN WE LOOKED AT, UH, SOME MODELS TO MAKE SURE THE TRUCKS CAN COME IN, MAKE THE TURN THE MODELS.

OKAY.

YEAH.

OFF MY QUESTION.

THANKS.

THANK YOU.

THANK YOU.

CAN I, UM, YOU SHOW THAT THERE'S, UM, A WALL OF K CLUSIA SURROUNDING THE PUMP STATION MM-HMM .

UM, FROM THE GOLF COURSE SIDE AS WELL AS FROM ALTON ROADSIDE AND THIS AND THE SIDES.

CAN YOU AT LEAST TAKE, UH, INTO CONSIDERATION PUTTING SOME MORE MATURE CLUSIA SO THAT WE DON'T HAVE TO WAIT A FEW YEARS FOR IT TO GROW TO THE 10 FEET OR EIGHT FEET THAT THE PUMP STATION WILL BE? AND CAN YOU ALSO INCORPORATE MAYBE SOME TREES BECAUSE THAT WHOLE STRETCH, UH, ON ALTON, UH, ALONG THE GOLF COURSE BETWEEN ALTON ROAD AND THE GOLF COURSE, IT'S A VARIETY OF TREES MM-HMM .

UM, AND PALM TREES AS WELL.

BUT CAN YOU INCORPORATE SOME TREES ALONG THAT WALL OF K CLUSIA, EITHER CLOSER TO THE BIKE PATH OR CLOSER TO THE GOLF COURSE TO SORT OF BREAK UP THAT WALL AND MAKE IT LOOK MORE LIKE PART OF THE REST OF THE LANDSCAPING ON THAT EDGE OF THE GOLF COURSE? I CAN CERTAINLY TALK TO OUR CITY PM ABOUT THAT.

'CAUSE I KNOW COST IS ALWAYS, YOU KNOW, THE, THE THING THAT, THAT WE'RE BEING MINDFUL OF, UM, RIGHT NOW, LIKE YOU SAID, IT'S JUST A CALLUS SHRUB AND THAT'S IT.

WE'RE NOT, WE'RE, IT'S NOT NECESSARILY LIKE MARRYING, YOU KNOW, HARMONIZING THAT IT'S NOT A LANDSCAPE PROJECT.

BUT I CAN BRING THAT UP TO 'EM AND SEE IF, IF THEY'RE OPEN TO THAT.

OKAY.

OR, OR MAYBE WE CAN PROVIDE A CONCEPT THAT CAN BE DONE BY THE, THE GOLF COURSE.

IT'S NOT A LONG STRETCH.

UH, YOU KNOW, IT'S NOT A BIG WALL, BUT IF YOU, THEY CAN INCORPORATE A COUPLE OF TREES, AT LEAST IT'LL BREAK UP THE, THE, UM, THE LANDSCAPING OF THAT CIA WALL THAT WILL LOOK VERY DIFFERENT FROM THE REST OF THE LANDSCAPING ALONG THAT ROAD.

OKAY.

WE ARE KEEPING THE EXISTING TREES.

SO THERE ARE, THERE'S A, UH, A BUNCH OF PALMS AND THEN THERE'S ALSO ANOTHER, I THINK IT'S AN OAK TREE RIGHT NEXT TO IT.

SO WE'RE KEEPING THEM ON EITHER SIDE OF THE LANDSCAPING AS WELL.

UH, YEAH, THE ONES TO THE SIDE, BUT THE ONES FACING THE GOLF COURSE AND THE ONES FACING ALTON, IS THERE NO SPACE, I, I SEE THAT THERE'S SPACE TOWARDS, TOWARDS THE, UM,

[00:25:01]

THE GOLF COURSE, BUT IS THERE ANY SPACE TOWARDS ALTON THAT ANY GREEN SPACE WHERE A TREE CAN BE INCORPORATED? MM.

WE HAVE, WE, WE MADE A, IT, WE'RE VERY TIGHT ON SPACE.

YOU HAVE THE, THE BIKE LANE AND YOU GOT THE, THE SIDEWALK.

YEAH.

AND YOU HAVE A THREE FOUR FOOT WIDTH WHERE WE'RE GOING TO SQUEEZE IN THAT SHRUB.

EVEN THAT'S KIND OF TIGHT FOR THE SHRUB.

SO WE WON'T HAVE SPACE FOR A TREE THERE, EVEN IF THEY'RE IN THE SIGHT LINE, LIKE NORTH AND SOUTH DRIVING, LIKE PLANTING ON THE CORNERS JUST TO, 'CAUSE IT'S CLUSIA.

RIGHT.

AND I THINK MATURE ONES IS GONNA BLOCK THE FENCE.

WE DON'T WANNA WAIT TWO YEARS FOR IT, VARYING IT, SO IT JUST DOESN'T LOOK LIKE SCREENING, WHICH IT IS.

THAT'S WHAT, THAT'S ALL IT IS.

RIGHT.

SO IF YOU'RE DRIVING UP AND YOU'VE GOT A COUPLE OF A CLUSTER ON THE CORNER, MAYBE IT'S A LITTLE, A LITTLE MORE VARIED.

JUST PLANTS MM-HMM .

YEAH.

NO, I, I UNDERSTAND WHAT YOU GUYS ARE SAYING.

SO, UM, AGAIN, I'M NOT SURE HOW THE PROCESS IS.

UM, SO I CAN, I'LL DEFINITELY BRING IT UP TO OUR PM.

OKAY.

THANK YOU.

AND THEN DO WE FOLLOW UP WITH YOU GUYS VIA EMAIL OR HOW DO WE WELL HELL, YOU, I GUESS HOW DO WE RESOLVE THE, THE DECISION WILL BE UP TO THE CITY COMMISSION ON, ON IF THEY WANT TO TAKE THE SUGGESTION OR NOT.

YES.

OKAY.

UM, SO WHEN THEY PASS THEIR MOTION, THEIR MOTION AT THE END, I'M GONNA, I'M DOCUMENTING, UH, THE COMMENTS THAT I'M HEARING SO THAT WE CAN SEE IF, IF FOR THE MOTION, UH, THERE'S SOMETHING THAT, THAT YOU WANT TO INCLUDE FOR THE FINAL RECOMMENDATION.

AND I MEAN, IS IT BETTER TO HAVE ALL THE SAME SO THAT YOU DON'T NOTICE IT? OR IS IT BETTER TO HAVE VARIATION AND THEN YOU DO? I MEAN, THAT WAS THE QUESTION THAT I WAS ASKING MYSELF AS I WAS LOOKING AT IT TOO.

'CAUSE IT DOES SEEM TO BE ONE SOLID WALL OF THE SAME WALL.

BUT THEN I THEN I WAS THINKING THAT IF IT WAS, IT WAS DIFFERENT, IT THEN BECAME A FOCAL POINT.

AND I THINK THE SENSE THAT I'M GETTING FROM THE CITY, FROM YOU GUYS IS THAT YOU DON'T WANT PEOPLE TO NOTICE IT.

WHICH I ALSO THINK IS A GOOD, I MEAN, THAT'S THE QUESTION FOR US.

DO YOU WANT, DO WE WANT THIS TO BECOME SOMETHING NICE OR IS IT JUST SOMETHING THAT EVERYONE'S GONNA DRIVE BY? I THINK THE VARIATION MAKES IT LESS ARTIFICIAL APPARENT.

UHHUH.

SO YOU NEED, WE'D LIKE THAT VARIATION 'CAUSE IT'S SEE A MOSS WALL OR LIKE A, YOU KNOW, WHEN YOU GO TO LIKE A RESTAURANT, YOU SEE THAT BIG YEAH.

VEGETATION WALL, PLASTIC, FAKE WALL.

A PLASTIC FAKE WALL.

I CAN TELL IMMEDIATELY THIS IS A FAKE GREEN WALL.

BUT IF IT'S VARI HAS SOME VARIATIONS IN TREES AND SOME DIFFERENT TYPES OF SHRUBS THAT SHOWS NATURAL ORGANIC LOOKING TYPE OF INTERFACE.

IT'S LIKE A, IT'S A MORE NATURAL LOOKING TREE.

OKAY.

AND IS EVERYBODY, SO IT SEEMS LIKE THE DIRECTION IS MORE, INSTEAD OF HAVING ONE MONOLITHIC TREE TYPE OR VEGETATION TO MAYBE CREATE SOME VARIATION WITHIN IT FROM, WHAT WOULD YOU SAY? DIFFERENT SPECIES AND DIFFERENT HEIGHTS, AGAIN, MASKING, UM, BUT TO NOT HAVE IT BE THIS ONE SORT OF MONOLITHIC WALL.

AND IF I, IF I CAN ADD ON THAT MM-HMM .

IF, UM, IT SEEMS LIKE THE ODOR CONTROL HAS BEEN ADDRESSED, BUT YOU KNOW, PERHAPS IF WE'RE, IF THE YOU GO DOWN THE ROAD OF, UM, DOING DIFFERENT TYPES OF PLANTS, YOU KNOW, DO SOME PLANTS THAT PRODUCE A, A NICE ODOR OR SOMETHING TO, TO INCORPORATE INTO THE PLANTING SCHEME.

, WHAT'D YOU SAY? LIKE LAVENDER? YEAH, RIGHT.

SOMETHING GUYS.

I WOULD, THEY'RE TALLER THAN LAVENDER.

I WOULD CAUTION THAT THE REASON THEY'RE USING THIS COLUCCIO IS 'CAUSE IT'S COMPLETELY IMPERVIOUS TO PEST.

IT'S THICK, IT'S DROUGHT RESISTANT, IT'S REALLY WIND RESISTANT.

YOU GET OTHER THINGS AND THEY START DYING AND THEN YOU HAVE THIS FENCE.

SO I WOULD REALLY CAUTION TO LIKE LEAVE THE CALLO ALONE.

YEAH.

I THINK WHAT WE BASICALLY ALL AGREE WITH IS THAT WE DON'T, I BELIEVE WE DON'T WANT TO SEE A WALL WHICH IS FORMED BY A HEDGE, VERY DIFFERENT FROM THE REST OF THE VEGETATION ALONG THE, UH, GOLF COURSE, UH, BETWEEN THE GOLF COURSE AND ALTON.

SO IF YOU CAN ADD SOME VARIETY IN THERE, UH, SOME TREES, SOME DIFFERENT TYPES OF VEGETATION THAT CAN FORM A, A BLOCKING OF VIEW OF THAT PUMP STATION WOULD BE, WOULD BE A GOOD IDEA.

THANK YOU.

MADAM CHAIR, UH, THROUGH THE CHAIR.

UM, WHAT IS THE ANTICIPATION OF THIS, OF THE DURATION OF THIS CONSTRUCTION? OKAY, THAT'S A LOADED QUESTION.

'CAUSE UH, THERE'S THIS, IT'S A LOADED QUESTION BECAUSE EVERY TIME THEY KICK THE BUCKET AND IT SAYS, KICKED DOWN THE CANNON, THEY SAY NO, IT'S GONNA BE SHORT.

AND THE ONE ON, ON 16TH RIGHT.

BY TRADER JOE HAS TAKEN FOREVER.

YEAH.

SO I DON'T WANT THIS TO TAKE FOREVER OR AT LEAST KEEP IN MIND THAT RESIDENTS ARE ASKING.

YEAH, NO, AND AND THAT'S AN IMPORTANT THING.

YEAH.

THE REASON I SAY IT'S A LOADED QUESTION IS 'CAUSE OUR, THIS PROJECT PARTICULAR IS JUST ONE COMPONENT, RIGHT? THE PROJECT ITSELF.

YOU HAVE DOT THAT IS INVOLVED HERE AND THEY'RE RAISING THE ROAD, THEY'RE STARTING DOWN BY THAT, UH, BY SUNSET HARBOR, BY, UH, 21ST STREET ALL THE WAY UP TO LIKE 40TH STREET.

SO IT'S THAT WHOLE CORRIDORS BEING, YOU KNOW, GUTTED OUT.

YOU GOT UTILITIES GOING IN THERE, YOU GOT NEW STORM

[00:30:01]

WATER TRUNK LINES.

SO THAT'S A WHOLE, UH, THAT'S THE MAJOR COMPONENT OF THE PROJECT.

OURS IS JUST THIS LITTLE LIFT STATION HERE.

THIS LIFT STATION ITSELF WILL PROBABLY TAKE ABOUT A YEAR.

YOU KNOW, THAT'S, THAT'S OUR ESTIMATED CONSTRUCTION TIMELINE FOR THE PUMP STATION ONLY.

BUT LIKE I SAID, THAT'S LIKE THE SECOND PHASE OF THE PROJECT.

THEY HAVE TO, THEY HAVE OTHER PHASES THAT DTS DEALING WITH.

AND MY OTHER QUESTION IS TRAFFIC.

HAVE YOU DONE A TRAFFIC STUDY? YEAH, SO DOT UH, HAS A WHOLE MAINTENANCE OF TRAFFIC PLAN.

AND THE WAY THEY HAVE IT PHASED OUT, AND AGAIN, I DON'T WANT TO SPEAK FOR DTS DESIGN, I CAN JUST GIVE YOU A HIGH LEVEL DESCRIPTION AND THEY HAVE, YOU KNOW, HALF OF, UH, YOU KNOW, LIKE THE NORTH NORTHBOUND LANES, YOU KNOW, CLOSED FIRST, MAKING IT A TWO LANE AND THEN WORKING ON THE STATION DURING THAT PHASE, MORE OR LESS.

THAT'S THE CONCEPT.

SO THERE IS AN MLT PLAN THAT DOT IS HAS DEVELOPED AND THE CITY'S, UM, ENGINEERING TEAM HAS REVIEWED DATA.

AND I WOULD, I WOULD ASK THE, THE, THE CITY TO REALLY LOOK AT THIS TRAFFIC BECAUSE IF THERE'S TRAFFIC NOW, CAN YOU IMAGINE WHEN A PRO, WHEN A JUST A PUMP STATION COULD LAST A YEAR AND BUILDING? YEAH, I AGREE.

BUT I THINK THAT THAT'S CERTAINLY BEYOND THEIR SCOPE AND THE SCOPE OF WHAT WE'RE DOING NOW.

BUT I'M JUST PUT, I'M JUST BRINGING IT, I MEAN, YEAH, SINCE WE'RE ABSOLUTELY, SINCE YOU KNOW, YOU KNOW, IT ALSO DOESN'T SEEM WE'RE SENDING THIS, WE'RE CONSENTING THE BOARD OF THE, THE BOARD OF COMMISSIONERS, RIGHT? YEAH.

SO THIS IS A CONSENT THAT I HAVE TO THE BOARD.

YEAH.

CONSTRUCTION.

NO, YEAH.

JUST LIKE HOW, HOW TRAFFIC, THE TRAFFIC IS GONNA BE ROUTED.

YEAH.

SO I THINK, YOU KNOW, FOR THE SAKE OF TIME, HOW ABOUT, UM, DO WE WANNA, WE'LL, WE DON'T HAVE TO MAKE A MOTION, IT'S JUST A RECOMMENDATION.

CAN I ASK ONE MORE QUESTION? OH, SORRY, SORRY.

UM, IS THE MACHINERY, IS IT LOUD OR ANYTHING LIKE THAT? OR, UM, SO THE, THE PUMPS ARE SUBMERSIBLE AND ONE OF THE REASONS UTILITIES LIKE TO USE SUBMERSIBLE PUMPS IS THEY'RE UNDERGROUND.

SO THEY'RE, THEY HUM IN THE WATER.

THEY'RE, THEY'RE NOT REALLY LOUD.

OKAY.

SO THIS ISN'T GONNA PRODUCE LIKE A, A LOUD SOUND.

I DIDN'T KNOW JUST FOR PURPOSES OF SCREENING, IF WE NEEDED, THAT NEEDED TO BE TAKEN INTO CONSIDERATION FOR LIKE SOUND BUFFERING AS WELL.

NO, AND I, AND I KNOW I HEARD THE WORD GENERATOR MENTIONED A COUPLE TIMES THERE, THERE IS NO GENERATOR ON THIS PARTICULAR PROJECT.

GENERATORS USUALLY MAKE SOME SOUND LIKE 60 DECIBELS, BUT YOU, YOU PROVIDE AN ENCLOSURE FOR THAT.

BUT WE DON'T HAVE THAT IN THIS PROJECT.

THERE IS NO GENERATOR IN THIS PROJECT.

OKAY.

IT DOESN'T, OH, IT SAYS GENERATOR, IT SAYS PERMANENT GENERATOR QUALITY DESCRIPTION, BUT MAYBE THAT'S OFFSITE.

IS THE GEN THE PERMANENT GENERATOR OVER BY MACARTHUR WHERE THE LINE ENDS? NO, THIS PROJECT DOES NOT HAVE A PERMANENT GENERATOR.

SO THAT MUST BE A TYPE.

YEAH.

OKAY.

MIS I, I GUESS I MISUNDERSTOOD THE, WHEN I WAS LOOKING AT THE PLANS, I SAW SOME ELECTRICAL EQUIPMENT AND I UNDERSTOOD THAT TO BE A GENERATOR.

SO MY MISTAKE, I I APOLOGIZE FOR THAT.

OKAY.

OKAY.

WELL I, I GUESS JUST AS A SUGGESTION, IF THERE IS ONE OR SOMETHING THAT'S GONNA BE NOISE PRODUCING, YOU KNOW, THE KLU IS PROBABLY A GOOD CHOICE FOR SOUND BUFFERING, BUT JUST A TINY FAN, THAT'S ALL.

THANK YOU.

YEAH, THE FILE RAN MAKE, SO, OKAY.

UM, DOES ANYBODY, SO DO WE HAVE A MOTION OR JUST RECOMMENDATIONS? I THINK JUST THE RECOMMENDATIONS.

I WOULD RECOMMEND THE BOARD TRANSMIT YOUR RECOMMENDATIONS BY MOTION.

OKAY.

OKAY.

OKAY.

SO DOES ANYBODY WANNA MAKE A MOTION? SO I'LL MAKE A MOTION AND THEN YOU ALL CAN ADD TO IT, BUT, UM, MAKE A MOTION THAT YOU, UH, REVISIT THE LANDSCAPING HEDGE AROUND THE PUMP STATION AND INTRODUCE OTHER VEGETATION, POSSIBLY TREES TO BREAK UP THAT HEDGE AND NOT MAKE IT LOOK LIKE A WALL.

AND THEN THAT SECOND MOTION WOULD BE THAT THEY TAKE INTO CONSIDERATION, UM, DURING THE CONSTRUCTION OF THIS PROJECT.

UM, WE CAN'T SPEAK AS TO THE FDOT ALTON ROAD PROJECT, BUT THAT THEY TAKE INTO CONSIDERATION, UM, THE MOVEMENT OF TRAFFIC, UM, AND BE COGNIZANT OF IT BY NOT CLOSING OFF OTHER STREETS, UM, TO ALLOW TRAFFIC TO MOVE SMOOTHLY.

AND IF I COULD ADD TOO WITH THE VEGETATION TO BE AWARE OF THE EXISTING VEGETATION ALONG ALTON, WHEN CHOOSING YOUR SPECIES AS WELL AS TO CHOOSE SPECIES THAT ARE NATIVE AND EASY TO MAINTAIN.

CAN I ADD ONE MORE THING THAT DISRUPT IS LOOKING TO DISRUPT BEING HIGHER THAN THE FENCE.

SO YOU DON'T SEE THE FENCE AT THE TOP AND YOU CAN UH, YEAH, YEAH.

WITH MATURE CLOSES AND TREES.

OKAY.

THANK WE GET ALL THAT RO YEAH.

.

I, ONE SECOND.

THANK YOU EVERYONE.

APPRECIATE YOUR TIME.

YOU'RE WELCOME.

WELCOME.

THANK YOU.

SO WE, UM, LET ME JUST REPEAT.

SO I HAVE REVISIT THE LANDSCAPING EDGE ADD TREES, UM, SORRY, ALONG THE PERIMETER TO BREAK UP THE EDGE, UH, TAKE INTO CONSIDERATION THE MOVEMENT OF TRAFFIC AND BE AWARE OF EXISTING VEGETATION AND THAT SHRUBS, THE, OR THE, THE CLUSIA SHOULD BE HIGHER, UM, THAN THE, THE FENCE AND UTILIZE,

[00:35:01]

UH, MATURE, UH, MATURE PLANTINGS, UH, AT THE POINT OF INSTALLATION.

OKAY.

UM, OKAY.

SO WE HAVE A MOTION BY MS. OLI.

DO WE HAVE A SECOND? I'LL SECOND THAT.

OKAY.

SECOND BY MS. LEWIN.

ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

ALL THOSE? ANY OPPOSED? MOTION PASSES.

THANK YOU.

YOU SURE.

UH, THE NEXT NEW APPLICATION

[5. DRB25-1146, 1 Ocean Drive.]

IS DRB 25 DASH 1 1 46 1 OCEAN DRIVE.

THIS APPLICATION HAS BEEN FILED REQUESTING DESIGN REVIEW APPROVAL FOR THE CONSTRUCTION OF A NEW TWO STORY BUILDING, INCLUDING RESTAURANTS, CAFE, CHILDREN'S CENTERS, HEALTH AND WELLNESS CENTER, RETAIL AREA, SWIMMING POOL AND RE, AND BEACH CLUB CONCESSION FACILITY, AND A ADJACENT PUBLIC RESTROOMS AND REQUESTING VARIANCES TO EXCEED THE MINIMUM AND MAXIMUM PEDESTAL SETBACK FOR THE REQUIRED FRONT AND SITE FACING THE STREET SETBACKS, INCLUDING ONE OR MORE WAIVERS TO REPLACE THE EXISTING RESTAURANT AND CONCESSION FACILITY.

OKAY, SO THIS IS, UM, A SITE IN SOUTH BEACH IN THE SOUTH OF FIFTH NEIGHBORHOOD.

UM, IT'S CURRENTLY WHERE NIKKI BEACH IS LOCATED PREVIOUSLY, PEN RODS.

UM, THE, UM, THE CITY COMMISSION ON OCTOBER 18TH, 2023, APPROVED RESOLUTION 2023 DASH 3 2 8 2 5, UM, WHICH APPROVED A CONCESSION FOR A NEW BEACH CLUB AT THIS LOCATION.

UM, THE, UM, THE SITE HAS, UH, GU GOVERNMENT USE ZONING.

UM, THE GU DISTRICT TAKES ON THE AVERAGE OF THE SURROUNDING ZONING DISTRICTS.

UM, IN THIS CASE.

UM, THE SITE IS SURROUNDED BY CPS ONE AND RRP S FOUR.

UM, SO IT TAKES ON THE AVERAGE OF THOSE TWO DISTRICTS.

UM, SO THEY ALLOW FOR A HEIGHT LIMIT OF 70.

THE AVERAGE OF THOSE TWO DISTRICTS IS A HEIGHT LIMIT OF 70 FEET.

UM, THIS PROJECT IS, IS WELL BELOW THAT AT DON'T AT 44 FEET.

UM, THE SITE HAS A FUTURE LAND USE DESIGNATION OF RECREATION AND OPEN SPACE.

UM, SO THE, THE FUTURE LAND USE DESIGNATION ALLOWS FOR A MAXIMUM FAR OF 0.5.

UH, THE PROPOSED DEVELOPMENT HAS AN FAR OF 0.16.

UM, THE APPLICANT IS PROPOSING FOR A BUILDING THAT'S GONNA BE 24,000 SQUARE FEET.

UM, SO THE PROPOSED, UH, BUILDING IS CONSISTENT WITH THE INTENSITY LIMITS OF THE COMPREHENSIVE PLAN.

UM, THE SITE IS SURROUNDED BY, UM, SOME VERY LARGE BUILDINGS.

SO TO THE NORTH WE HAVE THE HILTON BENTLEY, MIAMI, UM, WHICH ALSO INCLUDES SOME RESTAURANTS AT THE GROUND LEVEL.

UH, TO THE SOUTH IS A RESIDENTIAL BUILDING WITH COMMERCIAL AT THE GROUND FLOOR, AND THAT'S THE CONTINUUM.

AND THEN TO THE WEST, UH, WE HAVE, UH, THE ONE OCEAN BUILDING, UM, TO THE EAST IS THE ATLANTIC OCEAN AND THE BEACH.

UM, SO THE, THE, UM, THE APPLICANT HAS SUBMITTED PLANS ENTITLED PIER PARK.

THEY WERE PREPARED BY KOBE CARP.

UM, THE, UH, THE BUILDING IS DESIGNED TO BE CONTEMPORARY IN STYLE.

UM, IT'S ORGANIZED AROUND A CENTRAL ACCESS POINT.

UM, SO THERE WILL BE A PEDESTRIAN ENTRANCE FROM COLLINS AVENUE.

UM, AND THEN THAT PEDESTRIAN ENTRANCE WILL HAVE A, A SURFACE PARKING LOT, UM, UH, SURROUNDING IT.

AND THAT THAT PUBLIC PARKING IS PART OF THE CONCESSION AGREEMENT THAT THEY HAVE TO PROVIDE.

UM, THE PUBLIC PARKING THAT IS THERE TODAY, UM, THE, UM, THE BUILDING IS PROPOSED TO BE SET BACK 119 FEET FROM OCEAN DRIVE.

UM, SO THEY HAVE THIS OPEN COURT, UH, IN THE FRONT FOR THAT PEDESTRIAN ACCESS, UM, WHICH SATISFIES THE REGULATIONS IN THE CPS DISTRICT, WHICH REQUIRE, UM, UH, THAT THERE BE SOME PUBLIC PLAZA SPACE AND GATHERING SPACE.

UM, THE, UH, STRUCTURE CONTAINS TWO LEVELS AT THE GROUND LEVEL.

UM, THE, UM, THE SERVICE PRIMARY SERVICE FUNCTIONS ARE LOCATED THERE, BACK OF HOUSE FUNCTIONS.

SO, UM, IT ALSO INCLUDES VEHICULAR PARKING, UH, LOADING BAY SCOOTER AND BICYCLE PARKING TRASH ROOMS AND, AND, UM, AND A RESTROOM.

THE SECOND LEVEL IS THE MAIN LEVEL, UM, WHICH IS ACCESSED BY A PROMINENT STAIRCASE FACING OCEAN DRIVE, UM, AND OPENS.

UM, AND I APOLOGIZE, I SAID EARLIER THAT THE ACCESS WAS FROM COLLINS AVENUE, SO IT'S FROM OCEAN DRIVE.

UM, THE, UM, THE SECOND LEVEL HAS, UM, UH, RESTAURANT, A KIDS CLUB, UM, AND SOME OTHER, UM, OPEN TERRACES.

AND THEN THAT OPENS UP TO A REAR POOL DECK, UM, WHICH HAS CABANAS POOL DECK BATHROOMS, UM, CHANGING ROOMS, UM, ALL SORTS OF BEACH CLUB AMENITIES, UM, THAT THE, THAT THE APPLICANT I'M SURE WILL DESCRIBE FURTHER.

UM, THE PROPOSED BUILDING FEATURES A STUCCO EXTERIOR WITH A DARKER GRAY TONE APPLIED TO THE LOWER LEVEL AND A LIGHTER TONE ABOVE.

UH, THE MAIN LEVEL INCLUDES ARCHED AND RECTANGULAR WINDOWS.

UM, AND THEN THE LOWER LEVEL IS PAIRED WITH RECTANGULAR WINDOWS.

UM, ALL THE WINDOW FRAMES ARE FINISHED IN BRONZE.

[00:40:01]

UH, THE MAIN FACADE ON THE WEST IS SYMMETRICAL IN SHAPE, HAS A ROUNDED CENTRAL ATRIUM THAT COMPLIMENTS THE, THE VOLUMES ON THE SIDE.

UM, THE ADJACENT VOLUMES HAVE A FLAT STUCCO SURFACE, UM, WITH WINDOWS.

UM, AND THE, THE END SECTIONS ARE MORE SOLID DEFINED BY VERTICAL STUCCO SCORING.

UM, STAFF DOES HAVE SOME CONCERNS AND WOULD LIKE SOME ADDITIONAL DETAIL, AND SO WE HAVE CONDITIONS IN THE DRAFT ORDER REQUIRING THAT THE APPLICANT PROVIDE THESE DETAILS PRIOR TO THE, UH, PRIOR TO THE ISSUANCE OF A BUILDING PERMIT.

AND THAT INCLUDES PROVIDING DETAILS ON THE PAINTED STECCO FINISH AND PATTERN AS WELL AS THE ROOF MATERIAL AND DESIGN FOR THE, FOR THE ONE STORY STRUCTURE, THAT'S THE SATEL BUILDING SHOWN ON THE EAST AND SOUTH ELEVATIONS.

UM, CLARIFY IF THE PAINTED STUCCO FISH FINISHED PATTERN AND PATTERN, UH, FOR THE TWO STORY STRUCTURE, HOUSING THE BATHROOM LOCKER AND FINISH FINISH FITNESS CLUB, I APOLOGIZE AS SHOWN ON THE NORTH ELEVATION.

AND THEN SPECIFY WHETHER THE WINDOW GLASS IS TINTED OR TRANSPARENT.

UM, SO THESE ARE SOME DETAILS, UM, THAT WERE, THAT WE DIDN'T, UH, NOTICE THE SPECIFIC DETAIL IN THE PLANS THAT WE WOULD LIKE, UH, ADDRESSED FURTHER, STAFF HAS CONCERNS WITH THE PROPOSED ROOF DESIGN, THAT THE DESIGN IS A FLAT SURFACE ENCLOSED BY A PARAPET, WHICH CONCEALS THE MECHANICAL EQUIPMENT IN SOME AREAS.

STAFF BELIEVES THAT GIVEN THAT THIS BUILDING IS SURROUNDED BY TALLER TOWERS IN THE VICINITY THAT ARE GONNA BE LOOKING DOWN AT THIS STRUCTURE, UM, THAT, UH, THE APPLICANT SHOULD EXPLORE, UM, BETTER DESIGNING THAT ROOF SO THAT FOR WHEN YOU'RE LOOKING DOWN ON IT, IT IT APPEARS MORE AESTHETICALLY PLEASING TO THE SURROUNDING NEIGHBORS.

SO THEY COULD USE A GREEN ROOF TO ACTIVATE THE SPACE, UM, OR HAVE SOME OTHER ARTWORK OR SOME OTHER, SOME OTHER MECHANISM, UM, TO FURTHER, UM, IMPROVE THE, THE VISUAL ASPECT OF THE ROOFTOP.

UM, THE, UH, AS PART OF THAT, THEY COULD INCORPORATE SOME PASSIVE SP SOME PASSIVE USES IN THAT AREA, WHICH PROVIDE VIEWS TO THE OCEAN.

UM, ADDITIONALLY, STAFF RECOMMENDS THAT THE MECHANICAL AREAS BE SCREENED WITH A, UH, FROM THE TOP WITH HORIZONTAL LOURES, AGAIN TO IMPROVE THE APPEARANCE FROM ABOVE, UM, AND MAINTAIN A, A GOOD, GOOD VISUAL QUALITY FOR, FOR THOSE SURROUNDING BUILDINGS.

UM, THE APPLICANT IS SEEKING THREE VARIANCES.

THEY'RE ALL SOMEWHAT RELATED.

UM, IN THE PERFORMANCE STANDARD DISTRICTS AT C-P-S-R-P-S, UM, THE SETBACKS ARE, ARE BASICALLY A BUILD TO LINE.

SO IN MOST DISTRICTS, WHEN YOU HAVE A MINIMUM SETBACK, THE BUILDING HAS TO BE LOCATED AT SOME POINT BEHIND THAT SETBACK.

IN THIS DISTRICT, IN ORDER TO HAVE A CONSISTENT URBAN STREET EDGE, THE DISTRICT IS, UH, THE SETBACKS ALREADY BUILT TO LINE.

SO THE BUILDING NEEDS TO BE BUILT AT THAT SETBACK LINE.

UM, SO IN THIS CASE, THE AVERAGE OF THE SETBACKS, THE CPS DISTRICT REQUIRES A SETBACK OF ZERO.

THE RPS DISTRICT REQUIRES A SETBACK OF FIVE FEET, SO THE AVERAGE HERE IS TWO FEET, SIX INCHES.

THE BUILDING IS SUPPOSED TO BE BUILT, UM, AT TWO FEET, SIX INCHES, GIVEN THE CONSTRAINTS THAT THEY HAVE TO BUILD A SURFACE PARKING LOT.

UM, THERE ARE SOME EXISTING SIDEWALKS, UM, ON THE PROPERTY THAT ARE ON THE PLATTED LOT AS OPPOSED TO ON THE RIGHT OF WAY.

UM, GIVEN HOW, HOW NARROW THAT SETBACK IS, UH, THE APPLICANT IS SEEKING VARIANCES OF THESE SETBACKS.

UM, SO THE FIRST, UM, IS A VARIANCE TO EXCEED THE MINIMUM AND MAXIMUM PEDESTAL SETBACK OF TWO FEET, SIX INCHES FOR THE REQUIRED SETBACK.

ON, UM, ON COLLINS, COLLINS AVENUE I BELIEVE, WHICH IS THAT COLLINS OR OCEAN, OCEAN OCEAN DRIVE, I APOLOGIZE.

UM, THE SETBACK IS 119 FEET, 11 INCHES, UM, BEING PROPOSED.

AGAIN, AS I STATED, THEY HAVE TO PROVIDE THIS, THIS PARKING AREA.

UM, UM, AND SO THEY, THEY DO, THEY DO NEED THAT VARIANCE IN ORDER TO BE ABLE TO PROVIDE THE BUILDING, UH, IN ORDER TO BE ABLE TO BUILD A BUILDING SETBACK BEYOND TWO FEET SIX INCHES.

UM, THE, UH, NEXT VARIANCE IS A VARIANCE TO EXCEED THE MINIMUM AND MAXIMUM PEDESTAL SETBACK OF TWO FEET, SIX INCHES.

UH, FOR THE REQUIRED SIDE FACING THE STREET SETBACK AT FIRST STREET, THE PROPOSED SETBACK IS PREDOMINANTLY TWO FEET SIX INCHES.

HOWEVER, FOR A PORTION PORTIONS OF THE STRUCTURE ARE SET BACK FURTHER, INCLUDING A PORTION OF THE MAIN BUILDING WHERE THE MEDITERRANEAN RESTAURANT AND PRIMARY ENTRANCE ARE LOCATED.

UM, SO AGAIN, MOST OF THE STRUCTURE FOLLOWS THAT SETBACK LINE, BUT PORTIONS OF IT TO GIVE IT SOME VISUAL INTEREST ARE SET BACK FURTHER.

SO THE APPLICANT IS SEEKING A VARIANCE, UM, TO BE ABLE TO MODIFY THAT SETBACK, UM, AND, AND BE ABLE TO FIT THE PROGRAMMING NEEDS OF THE BUILDING.

UM, THE THIRD VARIANCE IS A MINIMUM, UH, AND MAXIMUM PEDESTAL IS A VARIANCE TO EXCEED THE MINIMUM MAXIMUM PEDESTAL SETBACK OF TWO FEET, SIX INCHES FOR THE REQUIRED SIDE FACING A STREET SETBACK ON SOUTH POINT DRIVE.

UH, THE PROPOSED SETBACK VARIES FROM NINE FEET, 11 INCHES TO 16 FEET, FIVE INCHES.

AGAIN, AT THIS LOCATION IS WHERE WE HAVE A, A SIDEWALK, UM, THAT PREVENTS THE APPLICANT FROM MEETING THAT SETBACK.

UM, THERE IS PUBLIC PARKING, UH, ON, ON THE ADJACENT STREET, UM, SO THAT THAT CAUSES, UM, UH, THE BUILDING THERE, THERE FORCES THE BUILDING TO BE SET BACK BEYOND THE

[00:45:01]

PROPERTY LINE, BEYOND THE TWO FEET, SIX INCHES OF, OF THE PROPERTY LINE.

UM, SO GIVEN THE SITE CONSTRAINTS, STAFF IS SUPPORTIVE OF THE GRANTING OF ALL THREE VARIANCES.

UM, THE APPLICATION IS BEFORE THE DRB SOLELY FOR THE DESIGN.

THERE IS A SEPARATE APPLICATION BEFORE THE PLANNING BOARD.

UH, THE PLANNING BOARD WAS SUPPOSED TO MEET THIS WEEK TO DISCUSS THE USE.

UM, HOWEVER, THE, THE MEETING WAS, WAS CANCELED THIS WEEK DUE TO A LACK OF A QUORUM.

SO THE, THE PLANNING BOARD WILL BE CONSIDERING THAT USE, UH, NEXT MONTH.

SO THEY'RE, THEY'RE HERE JUST BEFORE THE DESIGN REVIEW BOARD FOR THE, FOR THE STRUCTURE, THE SITE PLAN, THE, THE SCALE, THE USE, THE DESIGN, AND ALL THOSE ASPECTS THAT WE TYPICALLY LOOK AT HERE.

UM, THE, UM, SO THE, THE USE AND, AND THOSE ISSUES OF USE ARE UNDER THE PURVIEW OF THE PLANNING BOARD AND THEN THOSE WILL GO TO THE CITY COMMISSION WHO WILL MAKE THE ULTIMATE DECISION.

UM, SO WITH THAT, STAFF RECOMMENDS THAT THE APPLICATION BE APPROVED SUBJECT TO THE CONDITIONS IN THE ATTACHED DRAFT ORDER.

THANK YOU.

ALRIGHT, UH, GOOD MORNING, NEW MR CHAIRMAN, BOARD MEMBERS, UH, HAPPY NEW YEAR TO ALL OF YOU.

FIRST, ISN'T IT GREAT TO SEE THE CONVENTION CENTER HOTEL BEING BUILT UP RIGHT NOW? IT'S EXCITING TO SEE THAT, UH, COME TO FRUITION.

IT'S, UH, I HAD A SMALL ROLE IN IT AND THE ARCHITECTS WERE THE SUPERSTARS, BUT EVERY TIME I COME HERE FOR A HEARING AND I SEE THAT, I THINK WE'RE IN, WE'RE IN THE RIGHT DIRECTION HERE IN MIAMI BEACH.

SO GOOD MORNING TO YOU ALL.

MICHAEL LARKIN, 200 SOUTH PISCA BOULEVARD HERE REPRESENTING THE APPLICANT.

WITH ME TODAY IS WILL NAZAR FROM MAJOR FOOD GROUP, KOBE CARP FROM KOBE CARP ARCHITECTS, MY CO-COUNSEL DANIEL HANLIN, MY COLLEAGUES PAUL SAVAGE AND BEN SHERRY.

WE COME BEFORE YOU THIS MORNING SEEKING APPROVAL OF OUR PRO PROPOSED PROJECT IN CONNECTION WITH A CONCESSION AGREEMENT AWARDED TO THE APPLICANT FOR THE REDEVELOPMENT OF THE NIKKI BEACH RESTAURANT SITE AND BEACH CONCESSION FACILITY AT PIER PARK.

NEXT SLIDE.

SORRY.

THANKS.

UM, THIS IS THE TEAM RESPONSIBLE FOR THE PROJECT BEFORE YOU THIS MORNING, THE PROJECT OF THE PRODUCT OF YEARS OF DISCUSSIONS, AGREEMENTS AND COLLABORATION BETWEEN HIS HIGHLY QUALIFIED TEAM MADE ABOVE THE BOUCHER BROTHERS MAJOR FOOD GROUP, KOBE CARP ARCHITECTS WITH THE BLESSING AND APPROVAL OF THE CITY ADMINISTRATION, AND MOST IMPORTANTLY THE CITY COMMISSION.

NEXT SLIDE.

THE BOUCHER BROTHERS REALLY NEED NO INTRODUCTION TO THE CITY OF MIAMI BEACH.

THEY'RE THE PREMIER BEACHFRONT CONCESSION OPERATOR IN THE CITY.

THEY HAVE BEEN AT THE CITY FOR DECADES, UH, PROVIDING QUALITY SERVICE FOR ALL OF OUR BEACH FRONTS.

NEXT SLIDE.

SIMILARLY, MAJOR FOOD GROUP NEEDS NO INTRODUCTION TO MIAMI BEACH.

IT WAS A PRIORITY OF THE CITY TO SELECT A HIGHLY QUALIFIED OPERATOR FOR THE PROPOSED RESTAURANTS AT THE SITE TO ENSURE PREMIUM EXPERIENCE AND EXCELLENT FOOD SERVICE AND DECOR, ALL OF WHICH MAJOR FOOD GROUP DELIVERS AT EACH OF THEIR LOCATIONS.

MAJOR FOOD GROUP HAS AN EXTENSIVE AND IMPRESSIVE RESUME WITH POPULAR MIAMI RESIDENTS, INCLUDING CARBON DIRTY FRENCH, CONTESSA, Z'S, CLUB DELS AND CHATEAU ZZ.

NEXT SLIDE.

THIS PROPERTY HAS ALWAYS BEEN UNUSUAL, REALLY A ONE-OFF IN 1913, THE PROPERTY IS ORIGINALLY DEVELOPED WITH HARDEE'S CASINO AND BATH BY DAN HARDY DADE COUNTY SHERIFF, EQUIPPED WITH A RESTAURANT CALLING IT HARDEE'S CASINO.

BY 1918 THE PROPERTY ADDED A SWIMMING POOL FILLED WITH SEAWATER.

BY 1920, HARDEE'S EXPANDED.

IT GOT A DISTINCTIVE NEW LOOK WITH TWO SQUARE TOWERS OF PEAK TILE ROOFS.

UNFORTUNATELY, THE GREAT HURRICANE IN 1926 BLEW IT ALL AWAY.

AND FROM NEXT SLIDE AND FROM 1926 UNTIL THE LATE EIGHTIES, THE PROPERTY SAT VACANT.

NEXT SLIDE IN 1989 THE PROPERTY IS REDEVELOPED WITH ORIGINAL PENROD BEACH CLUB AND THOSE SAME BUILDINGS ARE THERE TODAY.

NEXT SLIDE.

IN 1998, THE PROPERTY BECAME NIKKI BEACH AND HAS BEEN OPERATED AS SUCH FOR THE LAST 27 YEARS.

NEXT SLIDE.

THAT BRINGS US TO TODAY.

THE CURRENT TENNIS LEASE EXPIRES ON MAY 6TH OF THIS YEAR.

THE CITY HAS SELECTED A NEW TENANT, NIKKI BEACH, THE BUILDINGS THEY'RE IN ARE OUTDATED AND THIS PREMIER PROPERTY NEEDS A NEW MODERN RESILIENT USE AND SOMETHING THAT IS UPSCALE, LESS DISRUPTIVE TO THE NEIGHBORS AND MORE COMPATIBLE WITH THE SURROUNDING NEIGHBORHOOD AND PEOPLE IN THE AREA.

NEXT SLIDE.

HERE'S AN AERIAL IMAGE SHOWING THE PROPERTY THE SUBJECT OF THIS APPLICATION.

IT'S QUITE LARGE.

NEXT SLIDE.

THE PROPERTY IS DESIGNATED AS RECREATION AND OPEN SPACE ON THE CITY'S FUTURE LAND USE MAP, THE PROPERTY ZONE GOVERNMENT USE GU NOTABLY, THERE'S SIGNIFICANT PRECEDENT OF SIMILAR USES TO THE PROPOSED USE ON OTHER GU ZONE PROPERTIES THROUGHOUT THE CITY.

NEXT SLIDE.

BEFORE WE GET INTO THE PROJECT, WE'D JUST LIKE TO THANK STAFF FOR ITS FAVORABLE RECOMMENDATION ON THIS APPLICATION AND NOTE THE PROBATIVE VALUE OF THE STAFF RECOMMENDATION AS SUBSTANTIAL COMPETENT EVIDENCE THAT YOU ALL CAN DEPEND UPON TO GRANT THIS APPROVAL HERE TODAY.

NEXT SLIDE.

THE BOUCHER'S AND MAJOR FEAR ARE VERY SERIOUS GOING FORWARD.

THEY INTEND SPENDING TENS OF MILLIONS OF DOLLARS ON THIS PROPERTY IN ORDER TO MAKE IT A PREMIER PROPERTY.

IT'S SOMETHING THAT ALL OF US RESIDENTS WILL BE ABLE TO ENJOY FOR MANY YEARS TO COME.

SO HAVING SAID, I'D LIKE TO INVITE KOBE CARP UP TO THE PODIUM, HAVE HIM WALK YOU THROUGH HIS DESIGN.

THERE IT IS.

[00:50:03]

SORRY ABOUT THAT.

GOOD MORNING.

HAPPY NEW YEAR EVERYBODY.

UM, SO AS MICHAEL SO ELOQUENTLY PRESENTED, THE IDEA THAT WE HAVE ESSENTIALLY, AND I'M HERE ALSO WITH ANYA, THE LANDSCAPE ARCHITECTS, IS TO INCREASE THE GREEN SPACE OF THE PROJECT.

THAT HAS BEEN OUR FIRST AND FOREMOST UM, DESIRE.

WHAT WE DID IS, IF YOU LOOK AT THE SIDE PLAN, IS SIMPLY PUSHED THE BUILDING BACK TOWARDS THE WEST AWAY FROM THE OCEAN.

THAT ALLOWED US TO CREATE MORE GREEN SPACE BY CREATING MORE GREEN SPACE.

THAT ALLOWED US TO HAVE AN ENTRY TO THE NEW ARRIVAL, WHICH IS SET BACK BEHIND THE PARKING AND BEHIND THE LANDSCAPING.

THE GREEN SPACE IN THE FRONT THERE IT IS ALLOWED US TO CREATE A BETTER CONNECTIVITY TO THE BOARDWALK ALL THE WAY ALONG THE BEACH.

'CAUSE WHAT HAPPENS, QUITE A FEW PEOPLE TODAY WALK ALONG THE BOARDWALK ON A DAILY BASIS.

THEY COME BACK ON SOUTH POINT DRIVE OR THEY COME ON THE NORTH SIDE.

SO WE CREATED AN APERTURE AND OPENING ON MULTIPLE LOCATIONS TO MAKE THE SITE MORE POROUS, MORE ACCESSIBLE.

AND BY THE WAY, I THINK THAT THE COMMENTS THAT STAFF HAS ARE RIGHT ON.

UM, AS FAR AS LOOKING AT THE ROOFTOP AND THE UM, MECHANICAL AREAS, THOSE ARE THE POINTS THAT REALLY MAKE A DIFFERENCE BECAUSE WHEN YOU LOOK AT THE SITE FROM THE AIR AND I HAD AN IMAGE, MICHAEL, YOU STOLE IT FROM ME, , IT'S PROBABLY TRUE.

NOPE, IT'S THE ONE IN THE BACK RIGHT THERE.

BUT YOU CAN SEE IT IN YOUR PACKAGE.

IT'S THE AERIAL AND WE HAVE A FLAT ROOF.

AND SO I THINK OUR DESIRE IS REALLY TO CREATE ON THE FLAT ROOF WITH WHICH EVERYBODY LOOKS DOWN UPON.

AND OUR MEETING WITH THE NEIGHBORS IS TO CREATE SOMETHING THAT IS UNIQUE AND SPECIAL UP THERE.

AND I THINK THAT OPPORTUNITY, UM, WELL THANK YOU SO MUCH.

YOU'RE THE BEST EXISTS FOR US TO IMPLEMENT IT IN THERE AND THAT MOST IMPORTANT THING THAT WE HAVE CREATED IS A FRONT YARD OF LANDSCAPING AND A BACKYARD OF LANDSCAPING.

THE INTERESTING THING OBVIOUSLY IS THE BOARDWALK AND THE BEACH WALK IS WHERE EVERYBODY WALKS ON A DAILY BASIS IS REALLY VERY, VERY CRITICAL.

SO YOU'LL SEE THAT THERE'S MULTIPLE PENETRATION.

THIS IS SADE RIGHT HERE.

AND OVER HERE WE HAVE THE FITNESS AND ACTIVITY AREA MOST IMPORTANT ALSO, WE CREATED THE LANDSCAPING ALL THE WAY AROUND, INCLUDING THE DROP OFF AREA.

SO BY SETTING IT BACK, WE WERE ABLE TO TUCK THE PARKING UNDERNEATH AND PUT THE FOOD AND BEVERAGE IN A MINI TEA AREA ON THE UPPER LEVEL AND STEP DOWN TO THE BEACH.

AND THAT IS REALLY IT.

MICHAEL, THANK YOU SO MUCH.

GREAT.

THANK YOU KOBE.

SO AS ROGELIO DESCRIBED, THERE ARE THREE VARIANCES IN CONNECTION.

I'M SORRY, MADAME CHAIR, DO YOU WANNA SAY SOMETHING? NO, YOU GOOD? I'M NO LONGER THE CHAIR.

OH, SORRY.

SORRY .

ALRIGHT, SO THERE ARE THREE VARIANCES IN CONNECTION WITH THIS APPLICATION.

ONE INVOLVES SOUTH POINT DRIVE, ONE INVOLVES OCEAN DRIVE, ONE INVOLVES FIRST STREET.

LET'S GET TO, UM, YEAH.

SO WHAT IS HAPPENING ON THE SOUTH SIDE? YOU CAN SEE THAT THE SIDEWALK THAT CONNECTS FROM OCEAN DRIVE TO THE BEACH, WALK TO THE PUBLIC BEACH IS SQUARELY WITHIN THE PROPERTY.

IF WE WERE TO OBSERVE THIS MAXIMUM MINIMUM SETBACK, THAT SIDEWALK COULD BE ELIMINATED.

THAT'S NOT A GOOD IDEA.

ANY STRETCH OF THE IMAGINATION 'CAUSE IT'S SUCH AN ACTIVE, UH, BUSY SIDEWALK.

SO WE'RE SEEKING THE VARIANCE IN ORDER TO KEEP THE SIDEWALK THERE.

THAT CREATES A PRACTICAL DIFFICULTY THAT WARRANTS THE GRANT OF THIS REQUESTED VARIANCE.

NEXT SLIDE.

HERE YOU CAN SEE VERY EASILY THAT THE PUBLIC SIDEWALK FALLS SQUARELY WITHIN THE BOUNDARIES OF THE PROPERTY.

NEXT SLIDE.

THE NEXT ONE INVOLVES THE FRONT SETBACK VARIANCE FROM OCEAN DRIVE.

HERE WE HAVE A CONFLICT BETWEEN WHAT THE CODE REQUIRES OF THE MINIMUM MAXIMUM SETBACK AND THE CONCESSION AGREEMENT THAT GOVERNS THE DEVELOPMENT OF THIS PROPERTY.

AND THAT CONCESSION AGREEMENT REQUIRES THAT THE PUBLIC PARKING SPACE BE AS CLOSE TO OCEAN DRIVE AS POSSIBLE.

SO WE CAN'T DO THAT AND THEN HAVE A BUILDING THERE AT THE SAME TIME.

SO THAT ALSO CREATES ANOTHER PRACTICAL DIFFICULTY THAT WARRANTS THE GRANT OF THIS REQUESTED VARIANCE.

THE THIRD ONE HERE WE HAVE AN SITUATION WHERE ON THE NORTH ELEVATION YOU HAVE DIFFERENT PLANES STARTING ON THE EAST YOU HAVE THE FITNESS CENTER AND THERE WE'RE GONNA ACTUALLY SHIFT THAT TO THE NORTH TO LESSEN THE SCOPE OF THIS VARIANCE.

MY COLLEAGUE BEN, IS GONNA PASS OUT TO A CONDITION THAT BASICALLY SAYS THIS IS OUR INTENTION TO MODIFY OUR PLANS, JUST TO SHIFT IT TO THE NORTH A LITTLE BIT.

IT ADDS SOME SQUARE FOOTAGE, BUT WE FEEL IT'S GOOD TO LESSEN THE SCOPE OF THAT VARIANCE.

UM, AND THEN YOU HAVE THE MAIN STRUCTURE PORTION OF THE MAIN

[00:55:01]

STRUCTURE DOES COMPLY WITH ITS MAXIMUM SETBACK, BUT THEN WE CANNOT HAVE THE ENTIRE STRUCTURE COMPLY BECAUSE THEN WE WOULD LOSE SOME OF THOSE 72 PUBLIC SPACE, UH, PUBLIC PARKING SPACE THAT WE NEED TO PRESERVE.

AND THEN WE'D ALSO LOSE A CIRCULATION AREA AND A DRIVEWAY ENTRANCE TO OUR UNDERSTORY AREA.

SO BASED UPON ALL OF THAT, UM, WE FEEL THAT ALSO CREATES A PRACTICAL DIFFICULTY THAT WARRANTS THE GRANT OF THIS REQUESTED VARIANCE.

UH, NEXT SLIDE.

SO WITH REGARD TO SOFTA, THIS IS THE LARGE NEIGHBORHOOD ASSOCIATION THAT GOVERNS THE SOUTH OF FIFTH NEIGHBORHOOD.

UH, WE APPEARED BEFORE THEM AND, AND THEY OVERWHELMINGLY SUPPORTED THE PROJECT.

THIS IS A RESOLUTION FROM SOFTA TO TOWARD THAT END.

UM, SO MADAM CHAIR BEF UM, MR. CHAIRMAN, BEFORE I BEGIN, SORRY, IT'S VERY HARD MAKING THIS TRANSITION SO EARLY IN THE YEAR AND I'M SAD TO SEE YOU LEAVE.

SO I KEEP ON CALLING YOU MADAM CHAIR.

SO, BUT I'VE SEEN A LOT OF EMAILS, A LETTER, UH, FROM SOME OBJECTOR ATTORNEYS AND I WANT TO AVOID SOME CONFUSION HERE TODAY.

ALRIGHT, YOU ALL ARE THE DRB YOU GRANT DESIGN REVIEW, APPROVALS AND VARIANCES FOR PROJECTS OR PROPERTIES THAT ARE OUTSIDE OF LOCAL HISTORIC DISTRICTS.

IN DOING SO, YOU RELY UPON THE CODIFIED DESIGN REVIEW CRITERIA THAT GUIDES YOU IN YOUR ANALYSIS AND IN THIS PROCESS, YOUR AUTHORITY IS CO-EXTENSIVE WITH THESE DESIGN REVIEW CRITERIA IS NO MORE, IS NO LESS.

TODAY, YOU'LL BE INVITED BY THE OBJECTOR ATTORNEY FOR THE CURRENT TENANT TO WEIGH IN ON, MAKE REMARKS TO DISCUSS AN ALLEGED INCONSISTENCY BETWEEN WHAT YOU ARE CONSIDERING TODAY AND THE RFP REQUIREMENTS AND THE CONCESSION AGREEMENT.

THIS IS A TRAP, PLEASE DON'T FALL INTO IT.

THAT SUBJECT AREA IS CLEARLY BEYOND YOUR AUTHORITY AS A BOARD TO CONSIDER.

THERE IS CURRENT LITIGATION WHERE A TRIAL COURT JUDGE HAS RECENTLY HAS SIGNED A DISMISSED MULTIPLE COUNTS IN THEIR COMPLAINT LEAVING VERY FEW LEFT, BUT BEAR IN MIND THERE WILL BE FUTURE LITIGATION.

IT IS THEIR DESIRE FOR YOU ALL ME, MY DESIGN TEAM, CITY STAFF, CITY ATTORNEY, TO MAKE STATEMENTS TODAY THAT'LL BE USED IN FUTURE LITIGATION.

WE WILL NOT GIVE THEM THAT OPPORTUNITY AND WE RESPECTIVELY REQUEST THAT YOU ALL DO NOT GIVE THEM THAT OPPORTUNITY AS WELL.

THERE ARE OTHER MOTIVES, GREAT CONFUSION HERE TODAY ABOUT WHAT YOUR ROLE IS.

THEY'RE BASICALLY GONNA THROW EVERYTHING AT THE WALL AND SEE WHAT STICKS.

WE ASK YOU TO DISREGARD THESE TACTICS AS WELL.

TO BE CLEAR, YOUR ROLE HERE TODAY IS CONSIDERED THE DESIGN OF THE PROJECT.

YOU ARE NOT THE ARBITRARY OF COMPLIANCE BETWEEN A PRIVATE PARTY AND A CONCESSION AGREEMENT WITH THE CITY OF MIAMI BEACH.

WE WOULD NOT BE HERE TODAY IN FRONT OF YOU UNLESS WE HAD VETTED THIS AND RAN IT THROUGH THE CITY ATTORNEY.

THE CITY MANAGER, AND THE PLANNING DIRECTOR ALL HAVE AGREED THAT THESE PLANS THAT YOU ALL CONSIDERING TODAY ARE ABSOLUTELY CONSISTENT WITH THE CONCESSION AGREEMENT.

THERE ARE OTHER REMEDIES THAT THE, THIS TENANT COULD PURSUE IF THEY WOULD LIKE.

WHAT THEY CANNOT DO, HOWEVER, IS ASK YOU ALL TO CONSIDER ISSUES THAT ARE BEYOND YOUR AUTHORITY AS A DRB AS GRANTED TO YOU BY THE CODE.

THANK YOU, MADAM CHAIR.

WE'D LIKE TO RESERVE SOME TIME FOR REBUTTAL AND WE'RE AVAILABLE FOR YOUR QUESTIONS OR MR. CHAIRMAN.

THANK YOU.

UH, NOW WE WILL OPEN IT UP TO THE PUBLIC.

YES.

UH, BEFORE THAT, MR. MR. CHAIR, TWO THINGS.

UH, ARE THERE ANY DISCLOSURES BY ANY BOARD MEMBERS ON THIS ITEM? OKAY.

AND, UH, IF THERE ARE ANY MEMBERS OF THE PUBLIC WHO WISH TO SPEAK ON THIS ITEM WHO WERE NOT, UH, SWORN IN THIS MORNING, IF YOU COULD PLEASE, UM, STAND AND RAISE YOUR RIGHT HAND.

I HAVE TO SWEAR YOU IN.

UH, OKAY.

ALRIGHT.

ANYBODY WHO'D LIKE TO SPEAK, PLEASE COME TO THE PODIUM.

GOOD MORNING, NEW CHAIR AND DESIGN REVIEW BOARD.

UM, MY NAME IS ANDREW STERNS OF STEARNS WEAVER.

MILLER ONE 50 WEST FLAGLER STREET, MIAMI, FLORIDA, AND I REPRESENT PENROD BROTHERS.

UM, I, WE ARE AN INTERESTED PARTY, SO I BELIEVE WE HAVE 10 MINUTES OF TIME, NOT THE REGULAR SHORT DURATION OF TIME.

WE ARE THE CURRENT TENANT ON THE PROPERTY.

PLEASE NOTE WE HAVE SUBMITTED MATERIALS AND EVIDENCE AND WE'RE GONNA BE PROVIDING THOSE A HARD COPY FOR YOU NOW AS WELL THAT WERE PREVIOUSLY PROVIDED TO THE BOARD.

YOU SHOULD HAVE COPIES OF OUR FORMAL, UH, LETTER, OUR PROFESSIONAL REPORTING COMMENTS AND PRESENTATION.

AND WE ARE HERE AS PREVIOUSLY MENTIONED, RE UH, REGARDING THE CITY OWNED PRIVATE PARK, I'M SORRY, THE CITY OWNED PARK PROPERTY THAT THE APPLICANTS THEMSELVES, BOUCHER AND THE CITY HAVE DESCRIBED AS ONE OF THE MOST ICONIC SITES ON MIAMI BEACH.

I WANT TO BE CLEAR AT THE OUTSET, THIS IS NOT A CLOSED CALL.

THIS APPLICATION IS NOT SLIGHTLY INCONSISTENT WITH WHAT WAS AUTHORIZED.

IT IS COMPLETELY NON-COMPLIANT WITH

[01:00:01]

THE ONLY ZONING AND PROCUREMENT AUTHORIZATION THE APPLICANT HAS TO BE HERE IN THE FIRST PLACE, NAMELY THE CITY'S RFP AND THE RESOLUTION AWARDING THAT RFP, THE CITY ISSUED RFP FOR THE RENOVATION CONCESSION OF EXISTING BEACHFRONT STRUCTURES.

PROPOSALS WERE EVALUATED ON THAT BASIS.

THE WINNING SUBMISSION INCLUDED RENOVATION PLANS THAT WOULD'VE MAINTAINED AN EXISTING LEGAL NON-CONFORMING USE.

LAWFULLY CONTINUED THROUGH THAT RENOVATION.

THE CITY THEN AWARDED THE RFP TO BOUCHER BY RESOLUTION.

AND THAT RESOLUTION REQUIRED BOUCHER TO REMAIN IN SUBSTANTIAL COMPLIANCE WITH THE TERMS OF ITS RFP SUBMISSION.

THAT IS THE AUTHORIZATION, AND THAT IS THE DEAL THAT IS THE ENTITLEMENT FRAMEWORK FOR THIS PROJECT.

NOW, I WANNA BE CLEAR ABOUT WHAT I'M NOT SAYING.

I'M NOT HERE TO ARGUE THAT THE HIGHEST AND BEST USE OF THIS PROPERTY IS NOT TOTAL RECONFIGURATION, DEMOLITION AND A COMPLETE TEAR DOWN AND REBUILD MAYBE AS A POLICY MATTER, A NEW BUILDING AND A COMPREHENSIVE RETHINKING OF THIS SITE IS THE RIGHT LONG-TERM ANSWER.

BUT THAT IS NOT WHAT BOUCHER PROMISED IN RESPONSE TO THE RFP.

MORE IMPORTANTLY, IT'S NOT WHAT THE CITY AUTHORIZED WHEN IT AWARDED THIS RFP BY RESOLUTION.

NEW CONSTRUCTION IS SIMPLY NOT WITHIN THE SCOPE OF WHAT THE DRB IS AUTHORIZED TO REVIEW UNDER THIS PROCUREMENT AND APPROVAL FRAMEWORK.

YEARS AFTER THE AWARD, BOUCHER AND THE CITY CHANGED COURSE AND BROUGHT FORWARD A FUNDAMENTALLY DIFFERENT PROJECT, TOTAL DEMOLITION AND BRAND NEW CONSTRUCTION.

NOT A RENOVATION, NOT A REFINEMENT, A COMPLETE REPLACEMENT.

AND EVEN SETTING THAT ASIDE, THE NEW CONSTRUCTION THEY PROPOSED DOES NOT COMPLY WITH A CURRENT LAND DEVELOPMENT REGULATIONS.

THEY CLAIM THEY NEED SETBACKS INCONSISTENT WITH TODAY'S LDRS AND CITY STAFF HAS ACKNOWLEDGED THAT THEY ALSO WOULD NEED A COMPREHENSIVE PLAN REVISION TO GET THERE.

YET AS WE SIT HERE TODAY, THERE'S NO PENDING COMPREHENSIVE PLAN AMENDMENT.

SO THE DRB IS BEING ASKED TO EVALUATE DESIGN AND VARIANCES FOR A PROJECT THAT ONE IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE AUTHORIZING RFP AND RESOLUTION AND IS NOT ALIGNED WITH THE GOVERNING PLANNING FRAMEWORK THE APPLICANT ADMITS WOULD NEED TO BE CHANGED.

THAT LEADS TO THE THRESHOLD QUESTION.

THE BOARD SHOULD BE ASKING STAFF AND THE APPLICANT.

WHY GIVEN THESE FACTS IS THIS MATTER EVEN BEFORE DRB TODAY, THE D B'S JOB IS NOT TO LAUNDER AN UNAUTHORIZED PROJECT INTO LEGALITY THROUGH DESIGN, REVIEW AND VARIANCES.

THE DR.

B'S JOB IS TO APPLY ADOPTED REGULATIONS TO A PROPERLY AUTHORIZED APPLICATION.

NOW A WORD ABOUT VARIANCES.

VARIANCES, AS YOU KNOW, ARE NOT A CONVENIENCE.

THEY'RE NOT A PROJECT OPTIMIZATION TOOL UNDER FLORIDA LAW.

AND THE CITY CODE VARIANCES REQUIRE A SHOWING OF PRACTICAL DIFFICULTY OR HARDSHIP.

AND THOSE PROBLEMS CANNOT BE SELF-CREATED.

SO WHAT IS THE DIFFICULTY OR HARDSHIP THE APPLICANT CLAIMS HERE? THE APPLICANT CLAIMS THAT IT REQUIRES VARIANCES TO ALLOW DEEPER SETBACKS BECAUSE WITHOUT THOSE VARIANCES, IT WOULD NOT BE ABLE TO HAVE FRONTAGE PARKING A CLUB STRUCTURE CLOSE TO THE BEACH AND SIDEWALKS WITH BEACH ACCESS.

CANDIDLY, THAT IS NONSENSE.

ALL THREE OF THOSE USES FRONTAGE, PARKING, BEACH ADJACENT BUILDING AND BEACH ACCESS.

SIDEWALKS ALREADY CURRENTLY EXIST AS LEGAL NON-CONFORMING USES ON THE PROPERTY.

NOTHING ABOUT THE LAND OR CIRCUMSTANCES HERE REQUIRE A VARIANCE TO SOLVE A PROBLEM THAT ACTUALLY EXISTS.

BOUCHER IN THE CITY CAN MOVE FORWARD WITH THE PLANS THAT ARE ALREADY REQUIRED BY THE COMMISSION RESOLUTION FOR ADAPTIVE REUSE OF THE CURRENT BUILDING WITH NO IMPACT ON THE USES THEY COMPLAIN ABOUT.

THE ONLY THING, THE ONLY CIRCUMSTANCE THAT IMPLICATE IMPLICATES A VARIANCE IS THE APPLICANT'S DESIRE TO SCRAP THE DESIGN USES AND PROJECT.

THEY ARE LEGALLY OBLIGATED TO UNDERTAKE AND CONSTRUCT AN ENTIRELY NEW PROJECT TO DEMO THE ENTIRE SITE AND BUILD AN ENTIRELY NEW PROJECT.

WITH INCREASED FAR INCREASED FOOTPRINT, INCREASED LOT COVERAGE, INCREASED HEIGHT, MASSIVE UNDERSTORY PARKING, 10,000 SQUARE FEET OF, UH, ADDITIONAL OPERATIONAL SPACE AND INCREASE IN IMPERVIOUS SPACE.

THERE IS NO HARDSHIP HERE.

THERE IS NO EXTRAORDINARY CONDITION OF THE LAND FORCING A SETBACK VIOLATION.

THE PURPORTED HARDSHIP IS ENTIRELY SELF-CREATED WHEN THE APPLICANT AND THE CITY TOGETHER CHOSE TO ABANDON THE AUTHORIZED RESOLUTION AND INSTEAD PURSUE DEMOLITION AND NEW CONSTRUCTION.

IF THEY COMPLIED WITH THE RFP SUBMISSION AND THE AWARD RESOLUTION RENOVATING THE EXISTING STRUCTURES, NONE OF THESE VARIANCES, NONE OF THE COMPREHENSIVE PLAN CONTORTION WOULD BE NECESSARY.

THAT IS THE DEFINITION OF SELF-CREATED

[01:05:01]

HARDSHIP AND SELF-CREATED HARDSHIP CANNOT SUPPORT A VARIANCE.

THAT IS WHY AS MORE DETAILED IN OUR LETTER SUBMISSION AND EXPERT MATERIAL, EVEN IF THE BOARD COULD HOLD ITS NOSE AND SANCTION THIS BAIT AND SWITCH, THE APPLICATION ABJECTLY FAILS TO MEET THE DIFFICULTY AND HARDSHIP REQUIREMENTS FOR A VARIANCE.

I ALSO WANNA ADDRESS THE PLANNING PURPOSE BEHIND THE SETBACKS AND RELATED DESIGN STANDARDS.

MIAMI BEACH ADOPTED ITS MINIMUM AND MAXIMUM SETBACKS IN URBAN DESIGN RULES TO ELIMINATE THE PROLIFERATION OF SURFACE PARKING LOTS, TO RESTORE A PEDESTRIAN FRIENDLY STREETS SCAPE TO IMPROVE SIGHT LINES AND AVOID THE PARKING FIRST BUILDING.

SECOND EXPERIENCE THAT HARMED THE PUBLIC REALM FOR DECADES.

WHAT IS BEING PROPOSED ADVANCES THE WORST OF THOSE WORLDS.

THE APPLICANT WANTS TO KEEP THE FRONT DISH PARKING LOT, THE VERY CONDITION THAT THESE REGULATIONS ARE MEANT TO CURE.

AND THEN PULL THE BUILDING CLOSER TO THE STREET ANYWAY, INCREASING THE MASSING AND VISIBILITY IMPACTS AND FURTHER AFFECTING SIGHT LINES.

IN OTHER WORDS, KEEP THE PARKING LOT PROBLEM AND ADD A NEW ADVERSE URBAN DESIGN IMPACT THAT IS NOT THE SPIRIT OF THE LDRS.

IT IS A DIRECT CIRCUMVENTION OF THEM.

LET ME ALSO SAY THIS BECAUSE PROFESSIONALISM MATTERS.

I HAVE GREAT RESPECT FOR MR. LARKIN AND HIS TEAM.

THEY'RE THE BEST, BUT THERE IS ONLY SO MUCH THAT EVEN THE BEST CAN DO WHEN THE FACTS ARE WHAT THEY ARE.

DESIGN AND AESTHETIC CHOICES CANNOT CONVERT AN UNAUTHORIZED AND SWITCH INTO A COMPLIANCE ENTITLEMENT.

THE APPLICANT HAS IN EFFECT ABANDONED ITS ZONING AUTHORIZATION AND IS PURSUING SOMETHING COMPLETELY DIFFERENT.

AND THIS IS NOT AN OBSCURE SITE, THIS IS CITY OWNED PARK PROPERTY PRIME BEACHFRONT PUBLIC LAND WHERE TRANSPARENCY, PROCESS INTEGRITY AND COMPLIANCE ARE ESSENTIAL.

IF THERE WERE EVER A PROJECT WHERE THE CITY MUST PROCEED BY THE BOOK, IT IS THIS ONE.

SO WHAT ARE THE DB'S OPTIONS TODAY? IT APPEARS THE APPLICANT HAS PLACED THE BOARD IN A POSITION WHERE THERE ARE PERHAPS FIVE POSSIBILITIES, ONLY A COUPLE OF WHICH ARE ACTUALLY LEGALLY DEFENSIBLE.

THE BOARD CAN DIRECT THE APPLICANT TO RETURN WITH A PLAN CONSISTENT WITH THE RESOLUTION AND THE RFP SOMETHING THIS BOARD CAN EVALUATE ON THE MERITS BECAUSE IT, IT MATCHES THE AUTHORIZATION.

THE BOARD CAN DIRECT THE APPLICANT THAT IF IT WANTS TO PURSUE A DIFFERENT PROJECT, DEMOLITION AND NEW CONSTRUCTION, IT MUST RETURN WITH A NEW RESOLUTION AT A PROPERLY AWARDED, PROPERLY AUTHORIZED PROCUREMENT AND LAND USE PATHWAY THAT MATCHES WHAT IT IS PROPOSING.

THE BOARD CAN DENY THE APPLICATION BECAUSE IT LACKS A LAWFUL FOUNDATION AND FAILS TO MEET THE VARIANCE STANDARDS.

AND THE BOARD CAN FRANKLY HOLD ITS NOSE RUBBER STAMP IT EFFECTIVELY ENDORSING A BAIT AND SWITCH ON ONE OF THE CITY'S MOST PROMINENT PUBLIC PROPERTIES.

OR THE BOARD CAN DEFER THIS ITEM SO STAFF CAN ADDRESS THE THRESHOLD ISSUE THAT MUST BE RESOLVED BEFORE DESIGN REVIEW PROCEEDS.

WHAT IS THE LEGAL ZONING AND PROCUREMENT AUTHORIZATION FOR THIS APPLICATION, GIVEN THAT IT IS NOT IN SUBSTANTIAL COMPLIANCE WITH THE RFP AND AWARD RESOLUTION? MY REQUEST IS STRAIGHTFORWARD.

DO NOT GREET VARIANCES BASED ON A SELF-CREATED HARDSHIP AT A MINIMUM, DEFER THIS ITEM AND REQUIRE THE APPLICANT AND STAFF TO ADDRESS ON THE RECORD THE DISCREPANCY BETWEEN THE APPROVED PROCUREMENT AWARD FRAMEWORK AND WHAT IS BEING PRESENTED TODAY.

NOW I HAVE TREMENDOUS RESPECT FOR THE CITY ATTORNEY'S OFFICE AND THE ATTORNEYS HERE IN SUPPORT OF THE DRB AND THE BOARD IS AN INDEPENDENT, QUALIFIED JU JUDICIAL BODY.

IT MUST HAVE CONFIDENCE THAT THE LEGAL ADVICE IT RELIES UPON IS OBJECTIVE AND FREE OF DIVIDED LOYALTIES.

BUT WHERE THE CITY ITSELF IS THE APPLICANT, A REASONABLE OBSERVER COULD PERCEIVE A CONFLICT IF THE CITY ATTORNEY'S OFFICE SIMULTANEOUSLY ADVISES THE BOARD ON ISSUES GOING TO THE LAWFULNESS OF THE CITY'S OWN APPLICATION.

FOR THAT REASON, I RESPECTFULLY REQUEST THAT THE BOARD CONSIDER THIS ISSUE AS AN ISSUE.

SO THE BOARD'S PROCESS AND DECISION ARE PROTECTED.

THANK YOU.

ADAM.

ALSO AVAILABLE FOR ANY QUESTIONS IF YOU HAVE ANY.

ACTUALLY, LEMME MAKE ONE MORE COMMENT.

MR. LARKIN MENTIONED DURING HIS OPENING THAT THE CONCESSION AGREEMENT GOVERNS THE DEVELOPMENT OF THE PROPERTY AND HE'S RIGHT.

AND THAT CONCESSION AGREEMENT AUTHORIZES ONE THING, RENOVATION OF THIS PROPERTY.

IF MR. LARKIN IS CORRECT THAT THE CONCESSION AGREEMENT GOVERNS THE DEVELOPMENT OF THE PROPERTY AS A SIMPLE MATTER, THIS ISN'T EVEN PROPERLY BEFORE YOU.

'CAUSE THE ONLY THING THAT AUTHORIZED WAS A RENOVATION OF THE PROPERTY, WHICH THEY COULD DO WITHOUT A VARIANCE AND WITHOUT A COMP PLAN AMENDMENT.

THANK YOU.

THANK YOU.

[01:10:01]

ANYBODY, ANYBODY ELSE FROM THE ROOM? APPARENTLY THERE'S PEOPLE MOVE OUT.

WE HAVE PEOPLE ONLINE.

YES.

OKAY.

BUT, UH, ANYBODY ELSE IN THE ROOM? NOPE.

OKAY.

UH, JOHN PORTER.

JOHN, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? I DO.

THANK YOU.

YOU HAVE TWO MINUTES.

HI.

GOOD MORNING.

UH, JOHN PORTER.

I'M THE GENERAL MANAGER FOR ONE OCEAN CONDOMINIUM.

WE'RE AT ONE COLLINS AVENUE, UH, DIRECTLY ACROSS THE STREET FROM THIS SITE.

UM, ONE OCEAN AND ITS BOARD OF DIRECTORS, UH, SUPPORTS THE APPLICANT'S PLAN.

UM, THIS DERELICT SITE HAS BEEN AN EYESORE FOR THE NEIGHBORHOOD FOR MANY, MANY YEARS.

UM, AND SO WE LOOK FORWARD TO, UH, TO A NEW DATE FOR THIS.

UH, FOR THIS SITE, THE ONLY FEEDBACK THAT THE BOARD HAS IS REALLY JUST RELATES TO TRAFFIC.

UM, THEIR PREFERENCE FOR THE ENTRANCE, FOR THE PARKING LOTS WOULD BE ON FIRST STREET AND SOUTH POINT, SO THAT TRAFFIC CAN FLOW MORE FREELY ON OCEAN DRIVE.

BUT ASIDE FROM THAT, WE'RE REALLY EXCITED ABOUT THIS DEVELOPMENT.

THANK YOU.

OKAY, NEXT WE HAVE IT'S, UH, WR YEAH, IT'S JOLENE ROBERTS.

THANK YOU.

YOU WANNA CLEAR ME IN? YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? YES, SIR.

THANK YOU MUCH.

UM, I JUST, I JUST CALLED IN, IN SUPPORT OF, UH, OF THIS PROJECT.

I THINK IT WILL ELEVATE SOUTH OF FIFTH.

I LIVE SOUTH OF FIFTH.

UM, IT, IT, IT, I'M, I'M SHOCKED THAT IT, IT'S AS SMALL AS IT IS.

I WAS CONCERNED THAT THEY WOULD GO FIVE STORIES, LIKE PEOPLE WERE, WERE, WERE, UH, PUTTING ONLINE.

SO I ACTUALLY RESEARCHED EVERYTHING REGARDING THIS PROJECT.

KOBE, UH, KARP, UH, I, I, I APPLAUD YOUR DESIGN.

IT, IT, IT, ABSOLUTELY BEAUTIFUL.

UM, AND THANK YOU FOR THE TIME.

OKAY.

AND, UH, THE LAST HAND RAISED IS ANDREW DICKMAN.

ANDREW, DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH ABOUT THE TRUTH? YOU HEAR ME? CAN YOU HEAR ME? YES.

OKAY, GREAT.

DO YOU WANNA SWEAR ME IN? YES, PLEASE.

DO YOU SWEAR TO TELL THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.

THANK YOU VERY MUCH.

THANKS.

UM, MY NAME IS ANDREW DICKMAN.

I'M AN ATTORNEY.

I REPRESENT ERICA SOTO, WHO RESIDES AT 300, UH, SOUTH POINT DRIVE, UM, VERY CLOSE TO THIS PROPERTY.

UM, BY WAY OF BACKGROUND, UM, I HAVE A MASTER'S DEGREE IN URBAN REGION PLANNING FROM THE UNIVERSITY OF FLORIDA.

UH, I HAVE BEEN A ICP, UH, CERTIFIED SINCE 1994.

IN FACT, I TOOK THAT EXAM WITH YOUR PLANNING DIRECTOR, TOM MOONEY.

I LIVED ON MIAMI BEACH FROM 1993 TO 2000.

I'M VERY FAMILIAR WITH THE AREA.

UM, I WANT TO REMIND YOU AS WE GO FORWARD IS THAT THIS IS NOT PRIVATE PROPERTY.

THERE ARE NO PRIVATE PROPERTY ENTITLEMENTS HERE TO THE APPLICANT.

THIS IS PUBLIC PROPERTY.

IT MUST BE HANDLED WITH THE UTMOST CARE.

THE ONLY PRIVATE PROPERTY SHOULD BE CONSIDERED IS THE SURROUNDING NEIGHBORHOOD AND THE NEIGHBORS AND THEIR, UH, QUIET ENJOYMENT.

UM, I DO WANT TO POINT OUT TO YOU THAT I SENT YOU A LETTER, UM, TO STAFF YESTERDAY.

HOPEFULLY YOU RECEIVED IT.

AND IT'S IN THE RECORD.

IT'S A FOUR PAGE LETTER OUTLINING MY ARGUMENTS.

UM, I HA I WAS AT THE PLANNING BOARD MEETING, UH, ON, UH, THIS WEEK AND GOT TO MEET, UM, MR. STERNS, THE ATTORNEYS WHO JUST SPOKE, UH, AS WELL AS OTHER NEIGHBORS.

AND WE WERE THERE UNTIL NINE 30 AND WE WERE FINALLY TOLD THAT THERE WASN'T GONNA BE A MEETING.

AND UNFORTUNATELY, I'M NOT ABLE TO ATTEND TODAY BECAUSE I HAVE A HEARING HERE IN COLLIER COUNTY.

UM, WITH REGARD TO THE LITIGATION, I WILL TELL YOU I DO NOT HAVE, UH, A DOG IN THAT FIGHT.

I AM HERE TO, UH, SIMPLY REPRESENT THE INTEREST OF A NEIGHBOR WHO IS ALSO GARNERING THE, UH, THE COLLECTIVE INFORMATION FROM OTHER NEIGHBORS WHO UNFORTUNATELY, BECAUSE THE NOTICES FOR THESE HEARINGS WENT OUT DURING THE HOLIDAYS AND NOBODY IS REALLY THAT AWARE OF WHAT'S GOING ON.

SO WITH REGARD TO THE LITIGATION, I THINK YOU DO NEED TO TAKE THAT INTO CONSIDERATION BECAUSE ALL OF YOUR EFFORTS MAY BE, IF I COULD PLEASE HAVE A LITTLE EXTRA TIME BECAUSE I THINK WE, I HAVE AN INTEREST HERE.

UM, I WANT TO ADOPT THE ARGUMENTS THAT WERE MADE HERE BY THE ATTORNEYS FOR PEN RODS AND THE LETTERS THAT WERE SUBMITTED.

UM, I WANT YOU TO ALSO TAKE, THIS IS A VERY SERIOUS ISSUE.

SINCE THE PLANNING BOARD HAS NOT HEARD THIS, IT'S IMPORTANT, AND I SUBMITTED THIS INTO THE RECORD YESTERDAY THAT YOU SEE THE PLANNING BOARD STAFF REPORT.

IT, IT, IT EXPRESSLY STATES THAT COMMERCIAL USES ARE NOT PERMITTED IN THE ROS DISTRICT.

THAT THIS IS NOT A CONFORMING WITH A COMPREHENSIVE PLAN,

[01:15:01]

THAT THIS WILL REQUIRE A COMPREHENSIVE PLAN TEXT AMENDMENT BECAUSE YOU ARE A FINAL DECISION MAKING BOARD.

AND YOU CAN SEE THAT WITH THE ORDER THAT YOU'RE BEING ASKED TO RENDER, THAT IF YOU RENDER THAT KNOWING THAT THIS IS IN CONFLICT WITH THE COMPREHENSIVE PLAN, YOU'LL BE IN VIOLATION OF THE LAW AND OPENING UP TO MORE LITIGATION.

WITH REGARD TO THE VARIANCES, UM, I THINK IT'S VERY, VERY CLEAR YOU CAN, THESE CANNOT BE SELF-MADE VARIANCES.

IT CANNOT BE CREATED BY WHAT, UH, MR. LARKIN STATED WAS BECAUSE OF THE APPLI, BECAUSE OF THE AGREEMENT.

THE AGREEMENT CANNOT CAUSE A HARDSHIP.

HARDSHIPS HAVE TO BE, UH, RELATIVE TO THE PROPERTY.

UH, I'VE CITED IN MY LETTER, THE AUERBACH, UH, CASE, WHICH WAS MY CASE AGAINST THE ONYX BUILDING IN CITY OF MIAMI, WHERE THE THIRD DCA SAID DESIGN, BECAUSE YOU WANT TO, TO HAVE A CERTAIN DESIGN IS NOT ENOUGH FOR A HARDSHIP.

I THINK YOU ALL SHOULD TAKE THAT INTO CONSIDERATION.

UM, WITH REGARD TO THE LOST PARKING AND TRAFFIC CONGESTION, I ASKED YOU TO TAKE STRONG CONSIDERATION INTO LOOKING AT THE PEAK HOURS, THAT THAT TRAFFIC IS GOING TO BE SUPER SIZED BECAUSE OF THE, UH, THE MAGNITUDE OF THE USE OF THIS.

I WANT TO ALSO HAVE YOU FOCUS ON THE FACT THAT THEY'RE SAYING THAT THE TRUCK TURNAROUND IS FOR AN SU 30 SIZE TRUCK, WHICH IS A 30 FOOT TRUCK FOR DELIVERIES.

THAT IS NOT CORRECT.

I ALSO WANT YOU TO TAKE INTO CONSIDERATION THE MUNICIPAL, UH, THE PARK CHARTERS.

THERE, THERE WAS A CHARTER AMENDMENT IN THE, UH, COUNTY CHARTER, AND THERE WAS ALSO A CHARTER CHARTER AMENDMENT IN THE CITY, UH, CHARTER THAT AFFECTS PARKS.

NOW BECAUSE THESE, UH, BECAUSE OF THESE HEARINGS ARE HAPPENING SO QUICKLY, I WILL TELL YOU I HAVE NOT BEEN ABLE TO FULLY RUN THIS DOWN, BUT I WOULD LIKE TO HAVE MORE TIME TO LOOK INTO THE FACT THAT PARKS, UH, PUBLIC PARKS ARE NOT TO BE OVERDEVELOPED.

UM, FINALLY, I WILL ASK YOU THAT, UM, YOUR ATTORNEY, I BELIEVE NEEDS TO EXPLAIN TO YOU, UH, EX PARTY DISCLOSURES.

YOU ALL SIMPLY REMAIN SILENT EX PARTY DISCLOSURES ARE, ARE YOU FAMILIAR WITH THE PROPERTY? HAVE YOU BEEN ON THE PROPERTY? HAVE YOU REVIEWED ANY BACKGROUND DOCUMENTS? HAVE YOU SPOKEN WITH STAFF? YOU NEED TO HAVE A, A VOICE DETERMINATION ON, ON EACH ONE OF YOU ABOUT WHETHER YOU HAVE HAD EX PARTY DISCLOSURES.

OTHERWISE, I AM PREJUDICED.

I AM PREJUDICED.

SO WHAT I'M ASKING YOU TODAY, THE SMART THING TO DO IS DEFER THIS AT LEAST TILL NEXT MONTH AND LET THE PLANNING BOARD DECIDE ON THAT COMPREHENSIVE PLAN PROBLEM THAT YOU FACE TODAY.

UH, I BELIEVE THAT THAT IS THE PROPER ORDER OF THINGS.

TO HAVE THE PLANNING BOARD RULE ON THIS FIRST AND A MONTH DELAY IS NOT A BIG DELAY IN THE SCHEME OF THINGS OR TO HAVE YOU DENY THIS OUTRIGHT.

AGAIN, I'M GONNA ADOPT THE ARGUMENTS MADE BY COUNSEL FOR PEN RODS AND ANY SUBMITTALS THAT THEY HAVE MADE.

THANK YOU FOR YOUR TIME.

I APPRECIATE IT.

HAVE A GOOD DAY.

THANK YOU.

ANYBODY ELSE ON LINE? I SEE NO OTHER HANDS RAISED.

SO, MR. CHAIRMAN, COULD I, UH, HAVE MY REBUTTAL? SURE.

THANK YOU VERY MUCH.

SO, IF YOU ALL NOTICED ALL, MOST VIRTUALLY ALL OF THE COMMENTS THAT MR. STERNS MADE DEALT WITH THE RFP PROCESS AND THE CONCESSION AGREEMENT, WHICH IS CLEARLY BEYOND YOUR AUTHORITY TO CONSIDER.

AS I SAID, YOU'RE NOT THE ARBITER OF COMPLIANCE HERE.

YOU'RE AT THE DESIGN REVIEW BOARD.

YOU'RE CONSIDERING DESIGN ISSUES.

AND ALSO NOTE THE VIRTUAL ABSENCE OF ANY CRITIQUE OF THE DESIGN BY MR. STERNS, WHICH WOULD'VE BEEN APPROPRIATE TO MAKE TO YOU ALL AS THE DESIGN REVIEW BOARD.

WITH REGARD TO STANDING, CAN YOU PULL UP THE SLIDES? SPIN WE OBJECT.

WE THINK THAT THE RAZ ENTITIES, THE CURRENT TENANT, HAVE NO STANDING TO APPEAR BEFORE YOU ALL TODAY.

THE FIRST TYPE OF STANDING IS THAT UNDER THE COMMON LAW, IT'S CALLED RENAR.

IT ASKS THE APPLICANT TO IDENTIFY STANDING SAYING, WHAT IS YOUR INJURY? WE HAVEN'T HEARD OF ANY INJURY ARTICULATED BY MR. STERNS WITH REGARD TO HIS CLIENT.

SO THEY FAIL THE RENARD STANDARD UNDER THE COMMON LAW.

THE SECOND STANDARD IS UNDER THE CITY.

THE CITY HAS PARTIALLY ABROGATED THE COMMON LAW AND HAS ITS OWN MORE LIBERAL VERSION OF STANDING IF YOU'RE WITHIN 375 FEET OF PROPERTY AS A PERSON.

NOW, IF YOU DELVE DOWN TO THE CORPORATE RECORDS, YOU SEE THAT LUCIA PENROD IS THE PRINCIPAL BEHIND THESE PENROD ENTITIES THAT ARE NOW THE CURRENT TENANT.

LUCIA HAS A HOME ON HIBISCUS ISLAND, WHICH IS NOT HOMESTEADED, AND

[01:20:01]

SHE HAS A HOME IN BROWARD COUNTY, WHICH IS HOMESTEADED.

THEREFORE, I SUBMIT TO YOU ALL THAT EVEN UNDER THE MORE LIBERAL VERSION OF STANDING UNDER THE CITY CODE, THEY FAIL TO HAVE STANDING.

THE THIRD TYPE OF STANDING IS TO FILE A BID PROTEST.

THIS IS JUST TO SHOW YOU ALL THAT EVEN UNDER ANOTHER TYPE OF CASE LAW WHERE YOU'RE TALKING ABOUT BID, THEY DIDN'T SUBMIT A BID, THEREFORE THEY DON'T HAVE ANY STANDING.

NEXT SLIDE.

IF YOU ALL REMEMBER BACK IN 2023, THEY MISSED THE DEADLINE TO FILE THEIR SUBMISSION.

THEREFORE, THE CITY SAID THEY COULD NOT PARTICIPATE IN THE PROCESS BECAUSE THEY MISSED THE DEADLINE.

ALL THE LITIGATION THAT HAS BEEN SINCE THEN AND THEIR APPEARANCE HERE TODAY, THE MAIN PURPOSE IS TO INVALIDATE THE RFP PROCESS AND HAVE THE CITY START OVER.

I THINK THAT'S WRONG.

I THINK THEY MISSED THE DEADLINE AND THEY HAVE TO LIVE WITH THAT.

NEXT SLIDE.

THIS IS MORE ABOUT ANOTHER ISSUE.

SO WITH REGARD TO PRACTICAL DIFFICULTY, WHEN YOU ALL CONSIDER VARIANCES, THERE'S TWO STANDARDS YOU CAN USE.

EITHER THE HARDSHIP STANDARD OR THE PRACTICAL DIFFICULTY STANDARD FOUND IN THE CHARTER.

I HAVE TRAVELING UNDER THE PRACTICAL DIFFICULTY STANDARD.

THE IDEA OF SELF-CREATION GOES WITH A HARDSHIP STANDARD, WHICH IS A TOTALLY SEPARATE STANDARD WITH PRACTICAL DIFFICULTY.

IT'S NOT DEFINED IN THE CHARTER.

AND YOU ALL CONSIDER ON A CASE BY CASE BASIS.

THAT'S WHY I GAVE YOU JUSTIFICATION ON THE PRACTICAL DIFFICULTY STANDARD FOR EACH OF THE REQUESTED VARIANCES.

YOU HEARD A TERM OF ART CALLED BAIT AND SWITCH.

THAT TERM IS COMES FROM PROCUREMENT LAW.

FROM PROCUREMENT LITIGATION.

THIS SHOULD BE THE CLEAREST CLUE TO YOU ALL THAT MR. STERNS IS ATTEMPTING TO USE THIS HEARING IN ORDER TO BOLSTER CURRENT AND FUTURE LITIGATION EFFORTS.

SO I WOULD ASK YOU AGAIN TO DISREGARD ANY INVITATION TO WEIGH IN ON THE RFP PROCESS OR THE CONCESSION AGREEMENT WITH REGARD TO MR. DICKMAN AND HIS COMMENT ABOUT, UH, THE COMP PLAN AMENDMENT.

YOU ALL ARE PROVING THE DESIGN, NOT THE USE.

WE WILL GO FORWARD AND HAVE THE COMP PLAN AMENDMENT, BUT THAT WILL BE BEFORE THE CITY COMMISSION FINALLY APPROVES OF THIS PROJECT.

YOU ALL HAVE A DIFFERENT ROLE HERE.

YOUR ROLE IS CONSIDERING THE DESIGN AND NOT THE USE.

THEREFORE, THAT ARGUMENT IS NOT RELEVANT HERE.

AND WITH REGARD TO A PARK, YES, THE MARKETING TAG OF THIS IS PURE PARK, BUT IF YOU GO THROUGH THE CITY RECORDS EXHAUSTIVELY LIKE WE DID, AND WE DISCOVERED THAT THIS IS NOT A PARK THAT'S ON THE CITY'S INVENTORY PARK, IT'S NOT A PARK WHATSOEVER.

SO THAT ARGUMENT IS ALSO IRRELEVANT.

UH, THANK YOU VERY MUCH MR. CHAIRMAN.

BOARD MEMBERS, WE, UH, WE'RE AVAILABLE FOR ANY QUESTIONS YOU ALL HAVE ABOUT THE DESIGN.

THANK YOU VERY MUCH.

UM, I'D LIKE TO OPEN IT UP TO THE BOARD.

I HAVE ABOUT A MINUTE LEFT.

CAN I DO A QUICK REBUTTAL? UM, THE, THAT'S NOT THE WAY THE JUDICIAL ORDER GOES.

I, I THINK IT WOULD BE VALUABLE FROM BOARD, BUT THEY, THEY GAVE HIM MORE THAN 10 MINUTES.

AND, AND MR. CHAIRMAN, THE WAY THAT THE CODE READS WOULD CAUSE JUDICIAL HEARINGS.

IT'S NOT APPROPRIATE FOR MR. STERNS TO MAKE ANY MORE COMMENTS.

NOW IT'S ALWAYS AFFIRM TO THE BOARD TO HEAR WHAT IT NEEDS TO HEAR AND WAIVE ANY RULES EXISTS.

HE, HE'S HAD MORE THAN ENOUGH TIME UNDER THE EXCUSE BE PROCESSED.

EXCUSE.

JUST, JUST A MOMENT.

NICK, WILL YOU BE SPEAKING AS TO THE RFP AND WHAT IT REQUESTED? FORGETTING ABOUT PENROD AND BOUCHER BROTHERS AND THE RESTAURANT GROUP, WILL YOU BE GUIDING US AND THE ISSUE OF THE PLANNING BOARD HAVING TO HEAR THIS ISSUE, WHICH IT DID NOT THIS WEEK BECAUSE OF LACK OF QUORUM, AND SHOULD IT GO BEFORE THE PLANNING BOARD BEFORE IT COMES TO US? CAN YOU SPEAK TO THAT AND WILL THAT SATISFY THE ISSUES AT HAND BETWEEN THE TWO ATTORNEYS? WELL, I DON'T KNOW IF IT'LL SATISFY THE ISSUES, BUT I, BUT I'M HAPPY TO SPEAK TO IT.

UM, JUST SPEAKING ON THE, ON THE PROCEDURAL ISSUE, THAT THE CODE DOES PROVIDE, UH, A RIGHT FOR AN APPLICANT TO MAKE ITS INITIAL PRESENTATION, UM, UH, A OPPORTUNITIES FOR THE PUBLIC TO SPEAK DURING THE PUBLIC HEARING.

YOU'VE HEARD FROM SEVERAL MEMBERS OF THE PUBLIC ON THIS APPLICATION.

UM, THE FINAL WORD FOR THE PUBLIC PORTION OF THE, OF THE MEETING, OF, OF THIS HEARING IS THE APPLICANT'S REBUTTAL.

NOW, DOES THE BOARD HAVE DISCRETION TO ALLOW TO REOPEN THE HEARING? YOU COULD REOPEN THE HEARING.

UM, THERE'S, THAT IS NOT REQUIRED BY THE CODE.

UM, AND IF YOU WERE TO REOPEN THE HEARING, THEN I WOULD RECOMMEND REOPENING THE APPLICANT'S OPPORTUNITY TO REBUT, UM, TO, YOU KNOW, TO CONSISTENT WITH OUR, OUR RULES OF PROCEDURES.

SO THAT'S ONE POINT.

UH, THE SECOND POINT IS, IS THE QUESTION MS. VALLI MAKES, WHICH IS ABOUT THE ROLE OF THE PLANNING BOARD, ABOUT THE ROLE OF THE DESIGNER VIEW BOARD, UM, ABOUT THE ONGOING CHALLENGE, UH, BY THE CURRENT TENANT

[01:25:01]

OF THE PROPERTY TO THE, TO THE NEW PROCUREMENT AND TO THE AWARD OF THIS CONTRACT.

SO THE, THE DESIGN REVIEW, NICK, NICK, UH, FOR ME, THE, THE CHALLENGE OF THE RFP BETWEEN PENROD, THE CITY AND THE BOUCHER BROTHERS IS A SEPARATE ISSUE THAT I DON'T THINK BELONGS WITH THIS BOARD.

THE QUESTION IS, IS THIS PROJECT BEFORE US FOR DESIGN REVIEW APPROVAL CONSISTENT WITH THE REQUEST OF THE RFP AND DOES IT VIOLATE THE RFP REQUIREMENT? IF THE RFP STATED RENOVATION ONLY, THEN WHY ARE WE LOOKING AT A NEW FACILITY? IF IT SAID RENOVATION OR RENO OR NEW FACILITY, THEN IT'S PROPERLY BEFORE US.

THAT'S THE ONLY.

SURE.

AND AND YOU'RE ABSOLUTELY RIGHT THAT THE, THAT THE, WHERE I WAS, WHERE I WAS HEADING WITH THAT IS THAT THE, THE, THE LITIGATION, UM, RELATING TO THE PROCUREMENT FOR THIS CONTRACT IS, IS REALLY OUTSIDE THE SCOPE OF THE BOARD'S REVIEW.

THE BOARD IS SITTING TODAY IN THE SAME CAPACITY IT WOULD ON ANY OTHER DESIGN REVIEW APPLICATION OR APPLICATION FOR VARIANCES.

SO YOU'RE REQUIRED TO APPLY YOUR DESIGN REVIEW CRITERIA TO THE DESIGN REVIEW PORTION OF THIS APPLICATION.

AND YOU'RE REQUIRED TO APPLY THE HARDSHIP AND PRACTICAL DIFFICULTIES CRITERIA TO THE VARIANCES THAT ARE, THAT ARE BEFORE YOU, THE REQUESTS FOR VARIANCES THAT ARE BEFORE YOU, UM, ANYTHING, YOU KNOW, ANYTHING RELATING TO THE, THE, UH, TO THE, TO THE CURRENT OPERATION TO THE CITY COMMISSIONS RFP FOR A NEW OPERATION TO THE AWARD OF THAT RFP.

THOSE ISSUES ARE OUTSIDE THE SCOPE OF, OF THIS BOARD'S JURISDICTION.

UM, AND, AND SO, SO I MEAN, WHAT I WOULD RECOMMEND TO YOU IS, UH, IS TO, IS IS TO STICK TO THE REVIEW CRITERIA, TO STICK TO ISSUES OF DESIGN WHEN IT COMES TO THE VARIANCES STICK TO THE HARDSHIP CRITERIA AND THE PRACTICAL DIFFICULTIES CRITERIA.

OBVIOUSLY YOUR STAFF REPORT AS WE'VE, UM, COVERED IN THE PAST IS, IS PRESUMED TO BE COMPETENT SUBSTANTIAL EVIDENCE.

UM, BUT AT THE END OF THE DAY, IT'S THE BOARD THE, THAT MAKES THE FINAL CALL AS TO WHETHER, UH, THE RESPECTIVE CRITERIA HAVE BEEN SATISFIED.

SO, NICK, I I JUST, TWO SIMPLE QUESTIONS FOR ME AS ONE MEMBER OF THIS BOARD IS, DID THE RFP ALLOW FOR A NEW BUILDING? IF IT DID NOT, THEN WE HAVE NO STANDING HERE BECAUSE WHY SHOULD WE BE REVIEWING A NEW BUILDING? IF IT ALLOWED FOR THAT, THEN FINE, WE SHOULD HEAR IT.

TWO.

MY SECOND QUESTION IS, SHOULD THIS, BECAUSE IT REQUIRES, FROM WHAT I'M HEARING, A COMPREHENSIVE PLAN, UM, CHANGE, SHOULD IT GO FIRST TO THE PLANNING BOARD, UH, BEFORE IT COMES TO US? UM, AND SHOULD WE, BECAUSE IF IT DOESN'T PASS THE PLANNING BOARD OR THE PLANNING BOARD MAKES CERTAIN REQUIREMENTS, WOULD THAT INTERFERE WITH THE DESIGN THAT IS BEFORE US THAT WE'RE ALSO APPROVING TODAY? SO, SO TO ANSWER YOUR FIRST QUESTION, THE APPLICATION BEFORE YOU IS CONSISTENT WITH THE RFP, UH, THE AWARD OF THE RFP, UM, AND THE, THE RESOLUTION APPROVED BY THE CITY COMMISSION AWARDING THE RFP.

UM, AS TO YOUR SECOND QUESTION, THE REVIEW OF THE PLANNING BOARD IS REQUIRED HERE BECAUSE THIS IS GU GOVERNMENT USED PROPERTY AND CERTAIN USES THAT ARE NOT ENUMERATED IN THE GU REGULATIONS, UM, AS WELL AS ALCOHOLIC BEVERAGE ESTABLISHMENTS ALWAYS REQUIRE THE, THE REVIEW OF THE PLANNING BOARD AND THE APPROVAL OF THE CITY COMMISSION AS TO THE USE.

SO THE PLANNING BOARD WILL SEPARATELY HAVE TO, UH, REVIEW THIS APPLICATION.

AND THAT'S CURRENTLY SCHEDULED FOR ITS NEXT MEETING IN FEBRUARY.

UM, THIS IS NOT, AND IT DOESN'T NEED TO COME BEFORE THE DESIGN REVIEW BOARD.

IT CAN BE AFTER.

OKAY, THANK YOU.

THIS IS NOT LIKE OTHER INSTANCES, FOR EXAMPLE, CERTAIN CONDITIONAL USES WHERE THE PLANNING BOARD IS REQUIRED TO REVIEW FIRST.

THIS IS NOT ONE OF THOSE CIRCUMSTANCES IN THIS CASE.

UM, THE, THE REVIEW OF THE, OF THE PLANNING BOARD, THE APPROVAL OF THE CITY COMMISSION AS TO THE USE AND THE DESIGN REVIEW BOARD'S REVIEW OF, OF, OF THE DESIGN OF THE PROJECT AND ANY VARIANCES ARE ALL TOTALLY SEPARATE MATTERS.

SO IF I MAY, SOMETHING WITH THE STANDARD HOTEL HAPPENED SOMEWHAT LIKE THIS WHERE WE APPROVED THE DESIGN AND YET THERE WAS A WHOLE BRUHAHA 'CAUSE IT STILL HAS TO GO IN FRONT OF THE COMMISSION AND, BUT THE DESIGN WAS APPROVED.

AND THAT'S, SO THIS IS NOT OUT OF, WE, WE'VE DONE THIS BEFORE, SOMETHING LIKE THIS BEFORE.

CORRECT.

AND WHAT YOU'RE REFERRING TO IS THE FACT THAT THERE ARE LEGISLATIVE AMENDMENTS THAT WILL BE REQUIRED FOR THIS, FOR THIS PROJECT TO BE IMPLEMENTED THE WAY IT'S PROPOSED.

AND IN THIS CASE, IT'S AN AMENDMENT TO THE COMPREHENSIVE PLAN.

NOTHING CAN HAPPEN ON THIS SITE UNTIL ALL OF THESE BOXES ARE CHECKED.

[01:30:01]

APPROVAL OF THE DESIGN REVIEW BOARD.

REVIEW OF THE PLANNING BOARD AS TO THE USE APPROVAL OF THE CITY COMMISSION AS TO THE USE ADOPTION BY THE CITY COMMISSION OF THE RELEVANT AMENDMENTS TO THE COMPREHENSIVE PLAN.

THIS IS ONE OF MANY STEPS THAT THE APPLICANT WILL HAVE TO SATISFY A NEGOTIATION OF A CONCESSION AGREEMENT WELL AND APPROVAL OF SUCH AND THAT, AND THAT'S, THAT'S, AND THAT'S A SEPARATE MATTER.

GREAT.

THANK YOU.

SO I THINK WE'VE HEARD ENOUGH LEGAL DISCUSSION.

THANK YOU.

I APPRECIATE, I APPRECIATE IT ALL.

I THINK WE'RE GONNA TRY TO STICK TO DESIGN, UM, TAKING, TAKING THE NOTE FROM COUNCIL OVER HERE.

I JUST WANT TO LEAVE IT UP TO THE BOARD HERE.

THANK YOU.

THANK YOU.

UM, AND FROM WHAT I HEAR IS WE'RE SLIGHTLY OUT OF SEQUENCE.

UM, AND WE ARE WOULD BE APPROVING DESIGN BEFORE THE, THE, THE WHOLE SITE PLAN IS APPROVED.

THE WHOLE PROGRAMMING IS APPROVED AND EVERYTHING IS, IS, IS BAKED.

AND THERE COULD BE DESIGN CHANGES AND SITE PLAN CHANGES THAT WOULD HAPPEN AFTER WE HAVE THIS MEETING, DEPENDING ON WHATEVER WE DECIDE.

SO THAT MAKES ME A LITTLE WEARY ABOUT DECIDING ON ANYTHING TODAY.

IF SOMETHING CAN COME BACK AS A RESULT, I WANNA TALK ABOUT STONE AND I WANT TO TALK ABOUT THINGS THAT I WANT TO GET INTO SOME FUN STUFF.

AND, BUT, BUT WE COULD COME BACK HERE, YOU KNOW, WITH A MODIFICATION, IT'S, IT WOULD NOT BE UNUSUAL TO DO THAT.

BUT YOU ALL HAVE A, AN INDEPENDENT ROLE HERE JUST GOVERNING THE DESIGN.

THE USE IS, YOU KNOW, GOVERNED BY THE CONCESSION AGREEMENT AND THE USES WILL BE SOMETHING THE PLANNING BOARD AND CITY COMMISSION DECIDES.

BUT I, I SINCERELY DOUBT THERE'D BE A STRONG CORRELATION BETWEEN THEIR REVIEW AND WHAT THEY'RE ASKING US.

AND YOUR REVIEW OF PURELY THE DESIGN, SHOULD WE NOT GIVE OUR INPUT RIGHT NOW? WHAT SHOULD WE NOT STILL GIVE OUR INPUT NOW? YEAH, I I THINK AT THIS POINT I PERSONALLY WOULD LIKE TO TALK ABOUT THE DESIGN.

I THINK, THINK AS THE CHAIR HAS ALREADY NOTED, WE'VE HEARD ENOUGH ABOUT THE LEGAL AND ONE OF THE THINGS, ONE OF THE RECOMMENDATIONS, ONE OF THE CONDITIONS THAT I WAS GONNA SAY WHATEVER WE CONCLUDE TODAY, WAS THAT IT WOULD BE THAT ALL OF THIS WOULD BE DEPENDENT UPON APPROVAL BY THE PLANNING BOARD.

THAT, THAT, THAT THAT WAS SOMETHING.

SO THAT WOULD INCORPORATE MAYBE, 'CAUSE I WAS THINKING ABOUT THAT TO YOUR CONCERNS, UM, AND THAT THERE'S AN AWARENESS THAT IF THE PROJECT DOESN'T MOVE FORWARD, WHAT I DON'T WANT THE TO HAPPEN WITH THE PLANNING BOARD IS TO SAY, OH, THE DRB APPROVED THIS.

THEY OBVIOUSLY AGREE WITH WHAT IS BEING PROPOSED, WHICH I DON'T KNOW IF NECESSARILY THAT'S TRUE, BUT AS YOU EXPLAINED TO US THAT WE NEED TO MAKE SOME COMMENTS ON, WE NEED TO MAKE SOME COMMENTS ON THE ACTUAL DESIGN AND STAY WITHIN OUR PURVIEW.

AND I FEEL LIKE WE CAN HAVE A REALLY GOOD CONVERSATION ABOUT THAT.

BUT I WOULD LIKE, AND THIS IS SOMETHING FOR EVERYBODY ELSE TO MOVE FORWARD ABOUT, AND I DON'T KNOW IF IT'S OKAY, BUT I WOULD LIKE TO MAKE IT CONDITIONAL UPON APPROVAL FIRST BY THE PLANNING BOARD.

IS THAT, SO, UM, SO I JUST WANNA REITERATE ONE POINT, WHICH IS THE APPLICATION IS PROPERLY BEFORE YOU, RIGHT? THIS IS, UH, THIS IS BEFORE YOU FOR DESIGN REVIEW, APPROVAL AND APPROVAL OF THE VARIANCES.

UM, MR. MR MESH, THE, THE, IF THERE WERE ANY CHANGES TO THE DESIGN SUBSEQUENT TO THIS APPROVAL, THOSE WOULD HAVE TO COME BACK TO YOU.

SO I, I JUST WANNA BE CLEAR, THIS IS, THIS IS A, THIS IS A HEARING ON A DESIGN REVIEW APPLICATION LIKE ANY OTHER, UM, AS FAR AS THE PLANNING BOARD, THE PLANNING BOARD REVIEW AND CITY COMMISSION APPROVAL OF THE USE ARE REQUIRED ANYWAY, THOSE, THOSE BOXES HAVE TO BE CHECKED.

SO, UM, I, YOU KNOW, THERE'S NO REQUIREMENT IN THE CODE THAT THAT PLANNING BOARD HEARING OCCUR BEFORE THE DRB.

OKAY.

CAN I, CAN I START ABOUT THE, YEAH.

OKAY.

SO I HAVE SOME QUESTIONS THAT I'M GONNA DIRECT TO KOBE.

UM, SO I WOULD LOVE, YOU DIDN'T GO INTO A LOT OF DETAIL ABOUT THE DESIGN OF THE PROJECT.

UM, I'D LIKE YOU TO RUN THROUGH THAT WITH US.

UM, ONE OF THE THINGS THAT I NOTICED AND I'VE BEEN LOOKING VERY INTENTLY AT, AT THE, ALL THE DOCUMENTS THAT YOU SUBMITTED, IT SEEMS A LITTLE BIT INCOMPLETE.

UM, SO I'D LIKE YOU TO ADDRESS, YOU KNOW, WE HAVE RENDERINGS OF A SMALL PORTION OF THE FRONT.

IT LOOKS REALLY LOVELY, THE POOL TO THE OCEAN.

I'D LIKE TO KNOW MORE ABOUT WHAT THE OTHER ELEVATIONS WILL LOOK LIKE.

WHAT WILL THE PUBLIC BE SEEING WHEN THEY WALK DOWN FIRST STREET OR SECOND STREET OR WHEN THEY'RE STANDING AT THE POOL LOOKING BACK AT THE BUILDING.

VERY GOOD.

SO, COLBY, SORRY TO INTERRUPT.

WHILE YOU'RE DOING THAT, CAN YOU JUST EXPLAIN HOW, HOW PUBLIC AND PRIVATE CIRCULATE THROUGH THIS SITE AS WELL WITH PLEASURE? ABSOLUTELY, YES.

SO TO BE MORE SPECIFIC, ACTUALLY THIS AREA IS QUITE GOOD BECAUSE IT SHOWS, UM, THE PUBLIC CONTINUOUSLY WALKS NORTH AND SOUTH ALONG THE OCEAN RIGHT HERE.

AND WHAT HAPPENS IS THAT WE HAVE OPPORTUNITIES

[01:35:01]

FOR THE PEDESTRIAN MOVEMENT ON THE SIDE.

CURRENTLY THE LOADING IS ON THE NORTH SIDE AND THE LOADING REMAINS THERE.

SO BASICALLY THE BODY PARTS ARE IN THE SAME LOCATION AS THEY ARE CURRENTLY.

NOTHING HAS CHANGED.

WHAT HAS CHANGED IS THAT WE HAVE INCREASED THE LANDSCAPING ALONG THE BACKYARD AND WE'VE INCREASED THE GREEN SPACE ALONG THE FRONT YARD BY CREATING A PEDESTRIAN MOVEMENT ON THE SOUTH SIDE.

NEIGHBORS AND PEOPLE IN THE COMMUNITY CAN COME IN, SIT DOWN, EAT, HAVE A CAFECITO IN THE MORNING, HAVE SOMETHING FOR LUNCH, OR HAVE SOMETHING TO EAT AT NIGHT.

THAT IS REALLY THE INTENT HERE.

SO THIS BECOMES A PAVILION THAT FLOATS WITHIN THE GREEN SPACE THAT IS POROUS AND ACCESSIBLE, UM, FOR MULTIPLE LOCATIONS.

IT'S ACCESSIBLE RIGHT HERE.

THIS IS WHERE THE CAFE DE IS.

AND ALSO IT'S ACCESSIBLE FROM THE FRONT.

YOU CAN WALK UP AND ALSO, DO YOU HAVE, I'M SORRY? DO YOU HAVE OKAY.

YES, YES MA'AM, I DO.

YEAH.

AND SO WHAT HAPPENS IS THAT FOLKS CAN COME ALONG, OCEAN DRIVE, DROP OFF OVER HERE, WALK ON IN, FOLKS CAN WALK ALONG RIGHT HERE ALONG SOUTH POINT DRIVE AND COME ON INTO DELS.

WHEN RETAIL FACED THE, UM, SIDEWALK, WHAT'S THAT, AK, WILL THERE BE RETAIL FACING THE SIDEWALK? YES.

OKAY.

ABSOLUTELY.

ABSOLUTELY.

A HUNDRED PERCENT.

AND ALSO LIKE A, THE BOARDWALK ITSELF, YOU SEE THERE'S AN OPENING AND A PENETRATION THAT LETS YOU COME IN AND JUST WALK ON IT.

SO THE IDEA IS THIS IS A PUBLIC LAND AND WHAT WE WANT TO DO IS WE WANT TO OPEN IT TO THE PUBLIC AND MAKE IT MORE ACCESSIBLE, MORE POROUS AND MORE VISIBLE TO THE PUBLIC.

SO RIGHT NOW, IF I WALK THERE, I CAN'T HAVE A CAFESITO OR A JUICE IN THE MORNING, I WILL BE ABLE TO DO THAT.

AND MANY PEOPLE IN THE NEIGHBORHOOD AND THE COMMUNITY, THAT'S WHAT THEY REQUESTED.

THAT'S WHAT THEY DESIRED AND THAT'S WHAT WE PROVIDED.

FURTHERMORE, WE HAVE THE VEHI, THE VEHICULAR IN THE FRONT, BUT WE ALSO HAVE A VERY NICE PEDESTRIAN ON BOTH SIDES.

AND YOU CAN SEE THERE'S ENTRY POINTS ON ALL LOCATIONS.

SO IF YOU WALK ALONG THE NORTH SIDE AND YOU'RE A LITTLE TIRED AND YOU WANNA WALK IN, NOT A PROBLEM.

THERE'S A GATE RIGHT THERE.

YOU CAN ENTER LIKEWISE FROM THE SOUTH AND LIKEWISE FROM THE BOARDWALK.

SO THE SITE IS VERY POROUS.

SO THE IDEA IS TO GIVE THE LAND BACK TO THE PUBLIC ACCESSIBILITY AND VISIBILITY ON A DAILY BASIS AND HAVE YOUR DRINKS, YOUR COFFEES, YOUR LUNCHES, YOUR DINNERS AT THIS LOCATION.

SO WHAT HAPPENS IS THEY GET DROPPED OFF.

YOU COME THROUGH HERE AND THIS IS A COVERED AREA OF THE BUILDING, WHICH LETS YOU BASICALLY WALK RIGHT ON THROUGH AND IT'S OPEN ON BOTH SIDES, COMPLETELY OPEN WITH AN OPPORTUNITY THEN TO COME TO THE BACKYARD.

AND THEN THE BACKYARD OPENS UP.

UM, WHAT WE ARE DOING IS WE ARE LIFTING IT UP TO MEET BASE FLOOD ELEVATION CRITERIA.

THAT'S, THAT'S THE INTENT REALLY IS THE BUILDING HAS TO COMPLY WITH THE RULES AND REGULATIONS OF THE CURRENT LAW FOR BASE FLOOD.

FOR OPEN SPACE.

FOR GREEN SPACE.

SO WHEN WE SAT DOWN WITH CITY STAFF, THEY GIVE US THESE CONDITIONS AND SAID, KOBE, WOULDN'T IT BE NICE IF WE WERE ABLE TO IMPLEMENT IT KOBE, WOULDN'T IT BE NICE IF WE'RE ABLE TO COVER THE PARKING? WOULDN'T IT BE NICE IF WE'RE ABLE TO GET MORE LANDSCAPING IN THE BACK? IF YOU LOOK AT THE, THE, THE ABILITY TO CREATE A BIGGER GREEN SPACE AND YOU LOOK AT YOUR PACKAGE, THERE IS AN AVAILABILITY ON THE SITE PLAN.

HERE IT IS TO REALLY PUSH THE BUILDING WESTERLY.

AND THAT ALLOWED US TO ALIGN AND GIVE MORE OPEN SPACE TO THE NEIGHBORS LOOKING DOWN.

SO CREATING A MORE RELATIONSHIP TO OCEAN DRIVE AND JUST SLIDING IT BACK, CREATED THE BIGGER BACKYARD.

AND THAT BIGGER BACKYARD HAS TO BE OPEN TO THE PUBLIC, IT'S PUBLIC LAND.

SO WE OPEN IT TO THE BOARDWALK, WE OPEN IT, UH, TO THE STREETS, TO THE NORTH, TO THE SOUTH.

THAT IS REALLY THE INTENT.

AND THAT'S WHY THE CAFE SADE CAME INTO PLAY.

WHY? BECAUSE WE WANT TO OPEN IT UP, NOT JUST FOR THE EVENING OR THE NIGHTTIME OR JUST FOR THE, YOU KNOW, PEOPLE WHO WOULD HAVE A CLUB.

BUT NO, WE WANT TO HAVE CAFECITOS OR OR DRINKS IN THE MORNING AND BE ABLE TO WALK UP WITH THE KIDS IN THE STROLLERS.

MANY PEOPLE HERE GET UP IN THE MORNING AT THE SUNRISE JUST TO WATCH A SUNRISE, DO YOGA ON THE BEACH, WALK THE BEACH.

THAT'S WHAT PEOPLE LIKE TO DO.

AND THEN THEY WANT TO GO SOMEPLACE AND HAVE SOMETHING.

AND THAT IT, THAT'S WHERE THAT CAME FROM.

AND SO, SORRY TO ASK, SO THE ENTIRE BACKYARD IS OPEN, LIKE ANYBODY COULD COME AND USE THE POOL OR THAT'S PART OF THE RESTAURANT'S? IT'S IT'S MAINTAINED AND OPERATED BY THE RESTAURANT, BUT IT'S OPEN TO THE PUBLIC.

AND ARE THERE, THERE ALL THE APERTURES WE TALKED ABOUT? I SEE GATES, I SEE FENCE.

I KNOW WE NEED THOSE FOR CODE AND THINGS LIKE THAT, BUT THEY'RE OPEN.

THERE'S NO YES.

ADAM ATTENDANT.

YEAH.

YOU AND I CAN GO WALK TOMORROW MORNING AT SUNRISE, SEE SUNRISE, AND THEN WE WANT TO GO HAVE A COFFEE OR A JUICE WITH FRIENDS, FAMILY, THE STROLLER JUST COME ON OUT.

YES.

AND AND THE SPECIFICALLY THE POOLS AND CABANAS,

[01:40:01]

IS THAT GONNA BE TREATED LIKE BEACH WHERE YOU GO AND YOU RESERVE ONE OR RENT ONE OR YOU YOU GOT IT.

RESERVE A CHAIR OR SOMETHING BY THE POOL.

YOU GOT IT.

YES.

YOU GOT IT.

BUT SOMEONE COULD COME IN AND JUMP IN THE POOL AND THEN CORRECT.

JUMP RIGHT OUT.

RIGHT.

YOU DON'T NEED A, YOU KNOW, AS LONG AS YOU PAY, YOU CAN COME ON IN.

RIGHT.

BUT IT, SO IT IS, YOU DO HAVE TO PAY TO GO INTO THE POOL.

YEAH.

YOU PAY TO COME IN TO EAT OR DRINK OR YOU COME IN AND YOU SIT DOWN AT THE POOL AREA AND YOU, LIKE YOU SAID YOU GET A CABANA.

OH, IT'S NOT LIKE A PARK WHERE YOU CAN JUST GO IN FOR FREE.

IT'S A, IT'S PRIVATELY, IT'S OPEN TO THE PUBLIC, BUT IT'S NOT FREE.

FREE.

I SEE, OKAY.

WHICH IS WHAT MOST RESTAURANTS AND EVERYTHING ARE.

YES.

BUT THIS AREA IS ALONG THIS WHOLE AREA THAT'S ALL OPEN AND IT'S FREE AND YOU COME AND YOU SIT DOWN AT ADELE JUST LIKE YOU DO IN COCONUT GROVE AND YOU IT'S OPEN.

ABSOLUTELY.

OKAY.

SORRY.

SORRY.

I'M SORRY.

WILL, THAT'S MY CLIENT.

SIR.

SIR, IF YOU'RE, YOU'RE GONNA, IF YOU'RE GONNA SPEAK, YOU NEED TO BE ON MICROPHONE.

OUR CHIEF OFFICER.

IT'S NOT ON THE MICROPHONE.

SORRY.

THANK YOU.

SORRY.

I'M JUAN IS OUR CHIEF DEVELOPMENT OFFICER PARTNER FOR MAJOR FOOD GROUP.

UM, I JUST WANT TO CORRECT KOBE.

FROM AN OPERATIONAL STANDPOINT, SOMEONE COULD ABSOLUTELY COME IN, JUMP IN THE POOL IF THEY WANTED A TABLE TO SEAT FOR FOOD OR DRINK, THEY WOULD SPEAK TO A HOSTESS LIKE ANY OTHER RESTAURANT.

BUT THEY'RE FREE.

IT IS A PUBLIC PARK.

THEY'RE FREE TO WALK AROUND TO JUMP INTO THE POOL, TO LOOK AT THE VIEWS, TO DO ANYTHING THEY WANT IN, IN THAT CONTEXT.

OKAY.

OKAY.

SORT OF LIKE ON THE BEACH WHERE IF YOU WANNA RUN A CHAIR, CORRECT? RIGHT.

YOU SPEAK TO THE, YOU SPEAK TO THE HOST STANDS.

IF YOU WANNA WALK AROUND, WALK THROUGH THE CHAIRS, YOU'RE MORE THAN WELCOME TO AS IT'S PUBLIC PROPERTY.

KOBE, CAN YOU, UM, MR. KARP, CAN YOU SPEAK AS TO WHAT, HOW THIS WOULD CHANGE IF THE THREE VARIANCES REQUESTED ARE NOT APPROVED? HOW WOULD THIS CHANGE? SO BASICALLY THE, THE VARIANCES ARE JUST FOR THE EXISTING CURRENT LOADING AREA UNDER NORTH, WHICH IS WHERE IT'S AT NOW.

WE KEEP IT, UM, WE WOULD KEEP THE PEDESTRIAN MOVEMENT IN THE PUBLIC BATHROOMS HERE ON THE SOUTH.

AND SO IT JUST WOULD MOVE IT IN A LITTLE BIT.

WHEN WE MET WITH STAFF AND EVERYBODY, WE FELT THAT KEEPING IT WHERE IT IS NOW IS MOST LOGICAL AND GIVES US MORE OPEN WATER POOL, GREEN SPACE.

AND THAT'S WHY WE'RE IN FRONT OF YOU.

HOW FAR ARE THE RESTROOMS AND THE LOADING AREA FROM THE SIDEWALKS? WHAT'S THE DIMENSION OR WALKWAYS GOT YAMAR.

WHAT'S THE DIMENSION ON THE VARIANCE THAT WE'RE SEEKING? IT'S, UH, TWO, TWO FEET, SIX INCHES.

YEAH.

YEAH.

IS THE DIFFERENCE BETWEEN THE SIDEWALK OR WALKWAYS? UM, BOTH BY THE RESTROOM TO THE SOUTH AND THE MM-HMM .

LOADING DOCK TO THE NORTH MM-HMM .

IT'S QUITE, IT, IT'S QUITE NEGLIGIBLE.

THE VAN, IT JUST WOULD MEAN A BIGGER BUILDING.

WE WOULD HAVE TO ENLARGE THE BUILDING WHICH THE NEIGHBORS DON'T WANT AND WE WIPE OUT THE SIDEWALK.

AND WHAT, I'M SORRY.

WE WOULD HAVE TO ELIMINATE THE SIDEWALK.

OKAY.

AND WE WANT TO KEEP THE SIDEWALK BECAUSE WE WANT TO BE ABLE TO WALK AND MAKE THE PEDESTRIAN CONNECTIVITY.

AND HOW ABOUT THE ONE ON OCEAN DRIVE? HOW WOULD THAT CHANGE? THAT WOULD MEAN THAT, AGAIN, THE, THE PRIMARY BUILDING WOULD HAVE TO BE EXTENDED TO THE WEST TO ABOUT FIVE FEET FROM OUR FRONT PROPERTY LINE, WHICH AGAIN IS NOT IDEAL.

MM-HMM .

OKAY.

I HAVE A QUICK QUESTION.

SO, UM, NIKKI, NIKKI BEACH TO ME WAS ONE OF THE REASONS WHY I MOVED TO MIAMI NINE YEARS AGO.

'CAUSE IT'S ONE OF THE MORE ICONIC PROPERTIES I THINK IN THE ENTIRE MIAMI BEACH.

AND, UH, I DO LIKE NEW DESIGN.

I THINK IT NEEDS TO BE DENSER AND MORE USES THAN ITS CURRENT SETUP AND THE RENOVATION WON'T DO THAT.

SO I ALSO LIKE HOW YOU'VE INCLUDED, INCLUDED MORE LANDSCAPING AND MORE VEGETATION THAN WHAT'S CURRENTLY THERE.

BUT, UH, THE CONTEMPORARY DESIGN SEEMS MORE LIKE SOMETHING YOU'D SEE LIKE IN TULUM OR BOCA, BUT NOT, I'M NOT TRYING TO OFFEND OR ANYTHING LIKE THAT.

BUT HOW COME ONLY STUCK STUCCO WAS USED? WHAT'S THAT? WHY ONLY STUCCO FOR THE EXTERIOR AND NOT ANY OTHER LIKE TEXTURES OR ANYTHING.

WE, WE LOOKED AT DOING STONE ON THE FACADE.

YEAH.

STONE IS WHAT, YEAH.

UH, AKI.

SO THAT'S A GOOD POINT AS WELL.

AND I WOULD BE AMENABLE TO STUDY THAT.

ABSOLUTELY.

YEAH.

I'M NOT TRYING TO, I'M NOT TRYING CONTRARY STUFF SEEMS VERY, THAT'S WHAT WE'RE HERE FOR, YOU KNOW.

AND LIKE I SAID IN THE BEGINNING, I AM IN AGREEMENT WITH, UH, STAFF COMMENTS AND RECOMMENDATIONS AS WELL.

YEAH.

I JUST THINK JUST PLAIN STUC OUT BY ITSELF.

NOT THIS MIGHT GET VERY QUICKLY AND I THINK THIS MORE TEXTURE TO IT, MORE, MORE DIFFERENT S ON EXTERIOR ON THE .

AND WE DO HAVE STONE AT THE BASE AND IF YOU WISH US TO MOVE IT UP AND STUDY THAT, WE'D BE HAPPY TO DO SO.

SO

[01:45:01]

IT'S MORE VISUALLY LIKE DO SOME TEXTURE TO IT.

BUT YES SIR, THAT'S MY YES.

YOUR OPINION.

SO I HAVE A QUESTION.

UM, MAY I, FOR EXCUSE THIS POINT OF CLARIFICATION, THE SIDEWALK YOU SAID HAS TO BE ELIMINATED.

IS THAT THE SOUTH SIDEWALK? MM-HMM .

CORRECT.

AND EVERYBODY WE MET WITH REALLY LIKED THE SIDEWALKS AND THE LIKED OPPORTUNITY TO WALK BACK AND FORTH.

WALKING IS HUGE.

YEAH.

YEAH.

SO WE FELT THAT, YOU KNOW, IT'S LIKE WILL SAID, WE WANT PEOPLE TO COME IN AND HAVE SIDE PORTS AND THAT'S WHAT IT'S ABOUT.

SO I HAVE A QUESTION.

SO I'VE HAD SOME MAJOR PHILOSOPHICAL DIFFERENCES WITH STAFF REGARDING VARIANCES AND WE'VE HAD APPLICANTS THAT HAVE COMPLETELY CREATED THE HARDSHIPS AND STAFF HAS APPROVED THE VARI HAS RECOMMENDED APPROVING THE VARIANCES IN THIS CASE, SINCE THIS IS A NEW BUILDING, ARE THE EXISTING CONDITIONS PART OF WHY YOU'RE SEEKING THE VARIANCES? BECAUSE THE EXISTING PARKING LOT IS WHERE IT IS AND YOU'RE MAKING IT LESS OFFENSIVE THAN IT USED TO BE.

AND I GET THE OTHER ONES, I GET THE SIDEWALK AND THE WHATEVER.

BUT IS THAT, IS THAT THE REASON STAFF IS APPROVING IT? BECAUSE AGAIN, WHEN WE'RE STARTING FROM SCRATCH, YOU KNOW, I, YOU REMEMBER WHEN THEY SPLIT A LOT AND THEN THEY ASKED FOR 11 VARIANCES AND I THOUGHT IT WAS OUTRAGEOUS BECAUSE THEY SPLIT THE LOT, THEY CAUSED IT.

SAME THING WITH A BRIDGE WITH, ANYWAY.

SO IN THIS CASE, I JUST WANT CLARIFICATION AS AS TO WHY STAFF IS RECOMMENDING THESE VARIANCES AND NOT MAKING THEM WITH A NEW PROJECT.

SO, SO IT'S PRECISELY THAT.

SO THE, ON THE SOUTH SIDE THERE IS A SIDEWALK THAT IS ON PRIVATE PROPERTY.

TYPICALLY THE SIDEWALK IS IN THE PUBLIC RIGHT OF WAY.

IN THIS CASE THE SIDEWALK IS ON THE PLATTED LAND IMMEDIATELY ADJACENT TO THE PROPERTY LINE, YOU HAVE PUBLIC PARKING.

SO THE, SO YOU WOULD HAVE PUBLIC SPARKING SPACES A BUDDING UP AGAINST THE BUILDING, WHICH IS NOT A SITUATION THAT, THAT MAKES SENSE.

YEP.

SO WE'D LIKE TO PRESERVE THAT PARKING LOT ON THE NORTH SIDE.

UM, MOST OF THE BUILDING FOLLOWS, FOLLOWS THE REQUIRED SETBACK OF TWO FEET, SIX INCHES.

UM, HOWEVER, THERE ARE SOME AREAS WHERE, WHERE THE FACADE JOGS AND, AND IF THEY DID NOT HAVE THE, THE VARIANCE, THE THE BUILDING WOULD BE AN EXACT BOX.

UM, AND SO THEY'RE PROVIDING SOME MOVEMENT ON THE FACADE.

UM, THEY WOULD HAVE TO PROVIDE A MUCH LARGER BUILDING THAN, THAN THEY WOULD LIKE TO BUILD AND THAT THAN WHAT THE RESIDENTS WANNA SEE.

SO WE HAVE NO, NO, THERE IS A PRACTICAL DIFFICULTY ON THE NORTH SIDE IN TERMS OF FORCING THEM TO DESIGN THE BUILDING AS A, AS JUST A SOLID, UM, FLAT FACADE ON OCEAN DRIVE.

UM, WE EXPLORED, WE ASKED THE APPLICANT TO EXPLORE BRINGING THE BUILDING UP TO OCEAN DRIVE, UM, THAT WOULD REQUIRE THEM TO HAVE, EXPAND THE POOL DECK, EXPAND OTHER, OTHER THINGS THAT WOULD MAKE IT IMPRACTICAL TO PROVIDE THE PUBLIC PARKING THAT IS ALSO REQUIRED.

UM, CERTAINLY WE UNDERSTAND, YOU KNOW, THE, THE URBAN PLANNING POINT CONCEPT THERE, THE REASON THAT WE HAVE A BILL TWO LINE IS TO HAVE A CONTINUOUS URBAN STREET EDGE, BUT IN THIS CASE IT MADE IT IMPRACTICAL AND UNFEASIBLE TO BE ABLE TO PROVIDE THAT PUBLIC PARKING.

UM, THAT IS, THAT IS, THAT IS A REQUIREMENT HERE THAT EXISTS TODAY.

OKAY.

UM, SO, SO IT IS BECAUSE OF THE REQUIRED PARKING THAT THIS OKAY.

YEAH.

AND, AND THE DESIGN O OVERALL NOT TO, NOT TO NOT, NOT TO, TO BE ABLE TO FIT IN THE, THE PLAN THAT THEY WANT TO HAVE AND, AND MAKE THAT PUBLIC PARKING FEASIBLE.

OKAY.

YEAH, THERE IS, THERE IS SOME LIMITED PARKING, I BELIEVE UNDERNEATH THE STRUCTURE.

UM, SO THEY DID BRING THE STRUCTURE FORWARD FROM WHAT THEY HAD INITIALLY PROPOSED, UM, TO MINIMIZE THAT VARIANCE.

UM, BUT, BUT IT WAS, IT WAS, UM, BA BASICALLY IMPOSSIBLE TO PROVIDE THAT PUBLIC PARKING AND, AND MOVE THE BUILDING ALL THE WAY TO THE FRONT, TO THE TWO FOOT SIX INCH SETBACK LINE.

UM, SO THANK YOU FOR TELLING US A BIT ABOUT THE CIRCULATION AND THAT YOU WANNA OPEN IT UP TO THE PUBLIC.

UM, MY QUESTION, I'M ALSO WONDERING, SO I, I'M LOOKING, I FOUND IN THE ARCHITECTURAL PLANS, YOU KNOW, ELEVATIONS OF ALL THE DIFFERENT SIDES OF THE BUILDING, WHICH IN GENERAL I WOULD'VE LIKED TO HAVE SEEN RENDERINGS OF ALL THE DIFFERENT ELEVATIONS.

UM, BUT CAN YOU TELL US A LITTLE BIT MORE ABOUT THE DESIGN INTENT BEHIND THE CHOICES THAT YOU'VE MADE? YEAH, SO THAT WAS A STRONG COLLABORATION ACTUALLY WITH THE CITY STAFF TOO, BECAUSE WE WANTED TO CREATE A PAVILION IN THE LANDSCAPE IN THE PARK THAT IS REFLECTIVE OF OUR TIME.

SO THAT'S ALSO WHERE THE DESIGN CAME FROM IN, IN THE FREE FLOWING PAVILIONS WITH THE COVERED AREAS.

SO WHAT WE DID IS WHEN WE LOOKED AT IT, WE LOOKED AT INSPIRATION, AS YOU SAW ORIGINALLY IN THE HISTORIC IMAGERY THAT MICHAEL TOOK US THROUGH.

WE FELT THAT THIS DESIGN IS UNIQUE AND SPECIAL AS A LANDSCAPE PAVILION IN THE GARDEN.

IT DOESN'T LOOK, UH, IT'S COMPLIMENTARY.

IT'S COMPLIMENTARY TO THE COMMUNITY, IT'S COMPLEMENTARY TO THE NEIGHBORHOOD, TO THE HISTORIC STRUCTURES ACROSS THE STREET.

SO WE FELT THAT THAT IS THE DNA AND THAT IS WHERE THE INSPIRATION FOR IT CAME FROM.

AND THAT'S WHY WHEN

[01:50:01]

AQUI STARTED TO SAY, OH, YOU KNOW, LOOK AT THE STONE, RIGHT? I, I THINK THAT THAT IS SOMETHING THAT IS VIABLE.

WE HAVE STONE ON THE FACADE AND ACTUALLY TO STUDY A BIT MORE STONE IS QUITE FINE BY ME.

WHERE IS THE STONE EXACTLY? IT'S ON THE LOWER HALF.

YEAH, IT'S ON THE LOWER PART.

YES, SIR.

OKAY.

UHHUH, , DO YOU HAVE, UM, A, I THINK YOU DID A PICTURE OF THE FRONT YES.

WONDERING OF THE FRONT TO LOOK AT.

IT'S THERE TOO, RIGHT? YEAH, THAT'S WHAT I WAS LOOKING.

SO, SO YOUR CONCEPT WAS TO CREATE A PAVILION IN THE PARK TYPE OF STRUCTURE.

AND THEN JUST SO, JUST SO I KNOW WHAT I'M LOOKING AT, AND I THINK IT WAS JUST THE RENDERING TO THE LEFT AND TO THE RIGHT, THOSE ARE ENCLOSED SPA OF THE STAIRWELL.

THOSE ARE ENCLOSED SPACES WHERE THE RESTAURANTS WILL BE CORRECT.

AND THEN ON THE NORTHERN SIDE, IT'S SOLID AND THAT'S WHERE THE KITCHEN IS.

AND THEN TO THE LEFT THERE'S THE BATHROOMS AND THE KIDS CLUB AND ALL AND THOSE SORTS OF THINGS.

YEP.

OKAY.

SO I, I SORT OF WANT TO PIGGYBACK ONTO WHAT SOMETHING THAT AKIL SAID, AND I I THINK THAT IT'S REALLY IMPORTANT THAT YOU'RE LIKE, THIS IS WHY I MOVED TO MIAMI BEACH BECAUSE THE, THE STRUCTURE THAT THERE IS THAT IS THERE NOW, WHICH IS VERY MUCH A PAVILION, IS VERY BEACHY.

AND I THINK IT IS A VERY ICONIC, UM, SORT OF STRUCTURE THAT IT DOES, IT CREATES A REALLY NICE TRANSITION FROM THE STREET TO THE BEACH.

UM, AND I THINK THAT THAT IS ONE OF THE REASONS WHY IT'S SORT OF EMBRACED BY THE COMMUNITY AS, AS THIS ONE OF THE OBJECTIONS THAT I HAVE TO THIS DESIGN IS THAT I DO FEEL LIKE IT REALLY SORT OF SEPARATES OUT THAT, THAT IT BLOCKS THE BEACH.

UM, AND IT DOESN'T HAVE, I MEAN I KNOW YOU'RE SAYING THAT THERE'S, YOU KNOW, THE CIRCULATION AND THAT YOU'RE GONNA INCORPORATE IT, BUT THE ACTUAL PHYSICAL, I MEAN THE FACT THAT THIS BUILDING IS SO BIG THAT IT, YOU KNOW, IT GOES NOT LOT LINE TO LOT LINE, BUT IT TAKES UP THE MAJORITY OF, OR CERTAINLY A LARGER PORTION OF THE PROPERTY.

I, I THINK SORT OF BLOCKS THAT RELATIONSHIP THAT I WOULD REALLY LIKE TO SEE BETWEEN THIS STRUCTURE, THE, THE, THE REDESIGN OR WHATEVER THIS STRUCTURE.

UM, YEAH, I I I WOULD REALLY LIKE TO SEE SOMETHING THAT HAS MORE OF A RELATIONSHIP TO THE SITE BECAUSE THIS IS SUCH AN IMPORTANT SITE.

IT'S REALLY BEAUTIFUL.

LIKE YOU'RE SAYING, THERE'S A LOT OF CIVIC AND PUBLIC USES THAT IT'S ALWAYS BUSY AROUND HERE.

AND I WOULD LIKE TO YEAH.

FOCUS ON THAT.

THIS JUST DOESN'T SEEM, THIS DOESN'T SEEM MIAMI BEACHY AND, AND YOU'RE REPLACING A STRUCTURE THAT REALLY VERY MUCH IS SO THAT, THAT WAS MY IMPRESSION AND WHY I'M TRYING TO REALLY UNDERSTAND AS BEST AS I CAN, WHAT YOU'RE TRYING TO ACHIEVE HERE AND HOW IT, IT'S ALMOST LIKE THE MASSING IS, IT'S TOO MASSIVE.

I DON'T, I DON'T KNOW.

THAT'S MY, THAT THAT'S, THAT'S EXACTLY MY POINT.

IT JUST DOESN'T LOOK LIKE IT'S, IN MY OPINION.

RIGHT, RIGHT.

AND THIS IS, AND AGAIN THIS IS WE'RE, YOU KNOW, THIS IS CITY LAND.

YOU'RE TALKING ABOUT HOW THIS IS SOMETHING FOR THE RESIDENTS, UH, YOU KNOW, VISITORS, WHATEVER.

THAT'S MY ONLY CONCERN WITH THE DESIGN CONCEPT.

AND I DON'T KNOW IF THE OTHER MEMBERS, YOU KNOW WHAT YOUR, I, I'D BE CURIOUS TO KNOW WHAT YOUR THOUGHTS ARE, ADAM, ON THE DESIGN.

UM, I'M SORRY.

LET, LET ME JUST ASK YOU IN RELATIONSHIP TO THEIR COMMENTS THERE BETWEEN THE TWO STAIRCASES GOING UP OR WHAT APPEARED TO BE TWO STAIRCASES GOING UP, THERE'S HERE ON THIS RIGHT SIDE DRAWING, UM, THERE APPEARS TO BE, UM, A SIGNAGE OR A, A POLE OR SOMETHING IN THE CENTER.

WHEN YOU GO THROUGH THAT, ARE YOU THEN INTO THE OPEN AREA IN THE BACK? CORRECT.

YEAH.

WHAT HAPPENS IS YOU, SO IF YOU WERE TO REMOVE THAT OR DO SOMETHING WITH THAT, THAT COLUMN YES.

THAT SITS BETWEEN THE TWO STAIRCASES.

YES.

WOULD THAT OPEN IT UP FURTHER? NO, BECAUSE ALSO THIS PICTURE IS ONLY ALSO SHOWING A SMALL PORTION OF THE PROPERTY.

WHAT'S NOT ON THAT PICTURE IS THE TWO ALL WE'RE SEEING HERE.

ALL THE MATERIALS ARE PROVIDING US ARE THE CENT IS THE CENTER PORTION.

THERE'S SECTIONS OF THE BUILDING THAT ARE SOLID, THAT ARE RIGHT, THAT AREN'T TO THE LEFT PROVIDE ON THE MATERIALS TO THE, TO THE NORTH AND SOUTH.

THAT'S REALLY CONTRIBUTING TO THIS SENSE OF, I DON'T WANNA CALL IT, IT'S NOT A WALL.

'CAUSE THERE IS SOME PERMEABILITY, THERE'S WINDOWS, THERE'S, BUT IN GENERAL THAT IS WHY THERE'S NO YEAH, THE EXACTLY THE OTHER ONE HAD A VERY GOOD SENSE OF INDOOR OUTDOOR AND THIS FEELS VERY ENCLOSED.

SO WHAT WE CAN DO IS CERTAINLY WE CAN STUDY TO OPEN UP THE ARCHES EVEN MORE.

WE CAN CERTAINLY DELETE THE COLUMN IN THE MIDDLE, AS MARA IS NOTING.

THAT'S PERFECTLY FINE BY US.

WE CAN CERTAINLY DO THAT.

THAT'S NOT AN ISSUE FOR US AT ALL.

ON THE CONTRARY, WE HAVE IT TO OPEN ALL THE WAY AROUND, RIGHT? THAT'S WHERE PEOPLE WALK IN.

SO WHETHER YOU SIT IN DEL AND SO FORTH, AND WHEN YOU LOOK AT THE ELEVATIONS, THEY'RE ALL OPEN.

WE DO NOT WANT TO HAVE

[01:55:01]

A WALL.

ON THE CONTRARY, WE WANT TO JUST OPEN BECAUSE THE LANDSCAPING AND THE OPEN IS WHAT WE ARE STRIVING FOR.

AND, AND SO TO THAT POINT, SO WHAT WE'RE LOOKING AT THE IN BETWEEN THO THOSE ARE INDIVIDUAL BUILDINGS AND THERE'S ENTRYWAYS YES.

THAT'S NOT A SOLID SECTION ALL THE WAY DOWN THE SOUTH ELEVATION.

CORRECT.

AND THAT'S ALSO, YOU HAVE THE PUBLIC BATHROOMS AND OUTDOOR, UM, SHOWERS AND SO FORTH.

SO YOU HAVE ALL OF THAT IS OPEN AND POURS ALL THE WAY AROUND.

BE THAT, THAT COURTYARD YOU SHOWED BEHIND, THAT PICTURE THAT'S ON THE SECOND FLOOR.

YEAH.

IT'S HARD TO YEAH.

WHEN YOU WALK UP, THAT'S ON THE SECOND FLOOR, RIGHT? WHEN YOU WALK UPSTAIRS? THAT'S, YES.

SO TO BE SPECIFIC AS YOU, AND THAT'S WHAT YOU CAN SEE WHEN YOU TURN AROUND.

AS YOU GET CLOSER, YOU WALK UP THE STEPS, YOU GET DROPPED OFF.

AND AGAIN, THAT'S THE MEAT BASE.

AND THAT WHERE THE CANOPY IS IS RIGHT THERE.

THAT IS ONLY THE SECOND FLOOR.

CORRECT.

SO HOW TALL IS THAT FLOOR? BECAUSE THOSE TREES? YEAH.

HOW THIS IS ABOUT NO, NO, NO.

THE ONE YOU'RE BUILDING.

COURTYARD YOUR HAND.

OH.

OH.

THIS IS, HOW TALL ARE THOSE TREES? BECAUSE I HAVE NEVER SEEN PALM TREES THAT FIT INSIDE.

THIS IS ABOUT 15 FEET IN HEIGHT.

AND THEN THE TREES WOULD GO THROUGH IT.

THIS IS JUST OPEN SPACE.

AND YOU'D REMOVE THE COVERING WHEN THE TREES GOT TALLER.

CO OF COURSE, BECAUSE THIS IS JUST AN OPEN SPACE IN THE MIDDLE.

SO WHAT, LIKE WE SAID BEFORE, THIS IS ALL OPEN RIGHT HERE IN THE MIDDLE.

SO YOU WALK RIGHT THROUGH AND WHEN YOU LOOK AT THE UM, PLAN, YOU CAN SEE ALSO RIGHT HERE, IT BIFURCATES IT, RIGHT HERE IN THE MIDDLE.

THIS IS THE OPEN.

AND THEN IT OPENS UP THE PUBLIC BATHROOMS. AND THIS IS DEL'S RIGHT HERE WITH A CANOPY OUTSIDE.

AND THEN WHEN YOU LOOK AT THE PLAN, THIS IS THE OPEN VISTA.

STRAIGHT THROUGH.

YEAH.

AND SO WHERE ARE THE, THE CANOPIES AND OTHER, THE CANOPIES RIGHT HERE.

SO YOU HAVE A CANOPY.

NO, I MEAN ON, ON THE PHOTO THAT YOU JUST SAID SHOWED US WITH, RIGHT HERE ONLY RIGHT HERE IN THE MIDDLE.

SO IT'S, IT'S NOT ON THAT DRAWING THAT'S IN YOUR HAND.

IT IS.

NO, IT'S ABOVE.

RIGHT.

IT'S THE CEILING ABOVE RIGHT HERE IS THE CANOPY ABOVE.

RIGHT? YEAH.

BECAUSE THAT CANOPY IS JUST MOVES IN AND OUT.

IT'S ADJUSTABLE.

BUT I MEAN, ONCE THE TREES GROW, IT'S NOT GONNA BE THERE.

CORRECT.

IT IT HAS TO STAY OPEN.

YES.

TEMPORARY.

ABSOLUTELY.

UM, I THINK THAT WHAT MIGHT HELP WITH THAT MASSING IS LIKE, I'M LOOKING AT THIS PHOTO ON THE LEFT.

I MEAN, IT'S, IT'S THAT MIDDLE WALL MASSING.

RIGHT? AND THAT, I, I WONDER IF, IF PLAYING WITH THE, THE VISIBILITY OR THE PERMEABILITY OF THAT MIDDLE SECTION WOULD, WOULD REALLY KIND OF GET THAT INDOOR OUTDOOR AFFECTS.

YOU ALMOST HAVE LIKE TWO, WHICH YOU DO.

YOU HAVE THE TWO SEPARATE STRUCTURES AND THEN THAT JOINING IS LESS, IT'S ANOTHER STRUCTURE MAKING IT LOOK LIKE ONE ENTIRE STRUCTURE.

ABSOLUTELY.

UM, THAT WOULD MAYBE BE I, THAT WOULD MAYBE EXPLORING THAT COULD, COULD GET, GET US THERE.

UM, I, I'D ALSO LOVE TO SEE, YOU KNOW, THE DEL'S CAFE THAT'S SUPPOSEDLY, YOU KNOW, THE, ONE OF THE MORE PUBLIC FACING AREAS.

UM, I I IT'S HARD TO PICTURE, PICTURE THAT RIGHT NOW.

ALRIGHT, SO ON PAGE 8 3 0 1, WHAT YOU HAVE IS YOU HAVE THE SITTING AREA FOR DEL RIGHT HERE.

THESE RIGHT HERE ARE THE PUBLIC BATHROOMS RIGHT HERE.

AND THEN OVER HERE IT COMES AROUND.

AND THAT'S THE SIDEWALK THAT CONTINUES AND CONNECTS EVERYTHING ALL THE WAY THROUGH.

MY FEELING IN GENERAL FROM EVERYBODY'S COMMENTS IS THAT I'D LIKE TO CONTINUE THIS, OR I'D LIKE TO MAKE, TO CONTINUE THIS DESIGN SO THAT YOU HAVE THE OPPORTUNITY TO INCORPORATE IT.

'CAUSE I DO FEEL WE ALL SEEM TO BE IN AGREEMENT THAT THERE NEEDS TO BE A LITTLE BIT MORE OPENNESS AND PERMEABILITY AND RELATIONSHIP TO THE SITE AND TO THE COMMUNITY.

I ALSO, I I FEEL LIKE WE'RE ASKING YOU A LOT OF QUESTIONS BECAUSE THE MATERIALS YOU PROVIDED WERE NOT COMPLETE OR AT LEAST DIDN'T, DON'T ILLUSTRATE WHAT WE HAVE QUESTIONS ABOUT.

IT.

IT, YOU KNOW, I'M FINDING IN MY BRAIN AND MAYBE GUYS THAT WE'RE, I'M TRYING TO SYNTHESIZE DIFFERENT THINGS, WHEREAS I WOULD JUST LIKE TO SEE A DRAWING OR A RENDERING THAT JUST SHOWS IT.

SOME, SOME VIEWS FROM NORTH'S HOUSE RIGHT.

FROM AROUND ON SOME ANGLED VIEWS FROM AROUND THE CORNER, LOOKING TOWARDS THE BATHROOMS, LOOKING AT DEL'S A LITTLE BIT MORE FROM THE STREET.

I THINK MATERIAL BOARD WOULD BE HELPFUL.

MM-HMM .

JUST TO KNOW THAT'S TRUE BECAUSE I, I, I AGREE WITH EVERYTHING THE BOARD'S GONNA SAY.

I JUST WANT TO ADD MY, BEFORE I FORGET ABOUT THE, THE FRONT FACADE, I THINK THAT IT'S SORT OF, I, I, I APPRECIATE THE ARCHES.

I LOVE ARCHES.

I ACTUALLY LIKE THIS SIGNAGE AND, AND IT'S SORT OF NOD AND THE FLUIDNESS, IT SORT OF REMINDS ME OF MIAMI BEACH SIGN.

I THINK THAT'S NICE.

I

[02:00:01]

DON'T THINK WE'LL EVER BE ABLE TO SEE THROUGH TO THE BEACH BECAUSE IT'S OF ITS ELEVATION, UNFORTUNATELY.

BUT I THINK THAT THERE, IT COULD HA AND I, AND I'M SORT OF PICKING UP ON WHAT EVERYBODY'S SAYING, LIKE MAYBE THERE'S A BREAK IN THE, IN THE, IN THE ROOF LINE OR SOMETHING.

JUST SO THAT THERE IS MORE OF AN APPARENT OPENING THAT THAT SHOWS THAT I, WE'RE NOT GONNA BE ABLE TO SIT ON THE SIDEWALK AND SEE THROUGH, I I, THAT WOULD BE NICE, BUT WE'RE NOT, UM, AND THE ARCHES LIKE, I LIKE THE ARCHES, BUT WE HAVE JUST ONE FLAT LINE THERE.

AND MAYBE THERE NEEDS TO BE SOME, SOME PLAY THERE.

I, I'D LOVE TO KNOW ABOUT WHAT THE LOWER MATERIALS ARE AND THE UPPER MATERIALS TOO.

AND IF THERE'S SOME UNDULATION THAT HAPPENS ON THAT FACADE AND, AND WHAT LIKE AROUND THE CORNER IS REALLY WHAT I WANT TO SEE THAT WAY AND THE OTHER SIDE.

UM, I'M NOT, THAT'S SORT OF MY DESIGN AS A MATERIAL BOARD.

DIFFERENT ANGLES OF VIEWS.

UM, I'M STILL NOT A HUNDRED PERCENT CLEAR PERSONALLY ON IF I'M, IF I FOUND A PARKING SPOT AND I WALKED IN, I UPSTAIRS AND WHERE AM I? AM I, AM I, AM I WALKING THROUGH THIS, THIS BEAUTIFUL PATH THAT'S LUSH AND I'M PASSING TWO AMAZING RESTAURANTS, WHICH I KNOW THERE WILL BE.

AND OR AM I, IS THERE, IS THERE A PUBLIC THOROUGHFARE PATH? I I, I TRIED STUDYING AND I JUST, I WANNA KNOW WHAT THE, WHEN, WALK ME THROUGH THAT.

AS I COME THROUGH THE, THROUGH THE STAIRS AND I WANT TO GO TO THE BEACH THAT WAY.

AND MAYBE I, MAYBE I, I JUST WANNA WALK THROUGH THERE AS I WEIGH BECAUSE I SOMEHOW I GOT A PARKING SPOT.

I JUST WANNA KNOW HOW MUCH OF IT IS LEANING TOWARDS EVENING DINING AND OVERFLOW FROM THE RESTAURANTS VERSUS THIS BEING PUBLIC.

AND THERE'S TWO POOLS AND THERE'S A CENTERPIECE AND YOU'VE GOT, YOU'VE GOT EVERYBODY GOING LIKE THIS FLANKING RIGHT AND LEFT FROM WHEN THEY WALK IN.

AND THAT'S WHERE I GOT A LITTLE BIT CONFUSED.

AND I JUST, I JUST WANT TO HEAR THE, THE STORY OF, OF HOW I EXPERIENCE THROUGH THERE.

AND CAN I ALSO, AND TO ADD TO AS WELL, I'M ALSO NOT CLEAR.

YOU GO UP, YOU WALK THROUGH ON THIS WHAT SECTION IS RAISED ABOVE THE PARKING LOT AND WHAT IS GROUND LEVEL? SO, WHICH I THINK IS RELATED TO THE CIRCULATION ACTIVITY.

VERY GOOD.

YEAH.

SO ESSENTIALLY YOU ASCEND UP HERE, THIS IS OPEN, AND THEN YOU WALK THROUGH AND THEN YOU SEE, IF YOU LOOK AT THE ELEVATIONS IN THE PLANTS, IT'S SLOWLY IN GENTILE SLOPES DOWN BACK TO THE GROUND LEVEL.

AND THAT IS ALL A SLOPING DOWN EFFECT RIGHT HERE.

AND THEN WHEN YOU ARRIVE HERE, YOU'RE LOOKING OVER THE LANDSCAPING IN THE GREEN AND THE POOL IN A MINI TEA AREA, WHICH IS ALL OPEN TO THE PUBLIC.

SO UPON ARRIVAL, THE VISTA OPENS UP ALL THE WAY AND THAT ALL SLOPES DOWN.

AND THEN IF YOU LOOK AT THE SECTION, YOU HAVE THE SECTION AND SO FORTH.

BUT I TAKE YOUR COMMENTS AND IF YOU WANT ME TO COME BACK WITH THE MATERIAL BOARD IN THOSE IMAGES, I, AND THEN HOW DO YOU, WE CERTAINLY WILL, RIGHT? HOW DO YOU THEN GET DOWN? SO IN HERE, AND I WILL PUT IT IN PINK COLOR, BUT HERE, IN HERE WITHIN THE LANDSCAPING, AND YOU MADE BEAUTIFUL GARDENS THAT HAVE YOU WALK THROUGH WITHIN THE TROPICAL LANDSCAPING ALL THE WAY DOWN TO THE GROUND LEVEL.

SO WHETHER YOU COME FROM THE BOARDWALK OR YOU COME FROM THE STREET, THE ONLY PLACE THAT IS ELEVATED IS ONLY HERE.

'CAUSE THE PARKING IS UNDERNEATH.

SO WE HAVE TO MEET THE BASE FLOOD ELEVATION CRITERIA.

THAT'S THE ONLY PLACE.

SO THE GRADE STARTS TO CHANGE AT THE SECOND POOL RIGHT HERE.

YEAH.

IMMEDIATELY.

YEAH.

AND THERE'S STEPS AND ALL OF THIS IS SLOPING DOWN AND BRING YOU DOWN TO THE GROUND LEVEL.

ABSOLUTELY.

WITH HANDICAP ACCESSIBILITY FOR STROLLERS AND HANDICAP.

MR. CHAIR, UM, I'M STRUGGLING THIS WITH THIS BECAUSE THIS, I MEAN, IT'S A BEAUTIFUL PROPOSAL.

I'M NOT GONNA SAY THAT.

THANK YOU.

BUT WHAT I'M, WHAT I FEEL IT'S MORE URBAN THAN BEACHFRONT.

THIS TO ME LOOKS CORAL GABLES.

THIS TO ME LOOKS PALMETTO BAY DEFINITELY DOES NOT SEE, I DO NOT SEE MIAMI BEACH THERE AT ALL, OR BEACHFRONT AT ALL.

SO THAT'S WHERE I STRUGGLE.

THAT'S WHERE I, I, I QUESTION IT.

UM, YOU KNOW, EVERYTHING THAT THEY SAY IS VALID, EVERYTHING THAT, YOU KNOW, HAS BEEN PROPOSED.

BUT TO ME, THIS LOOKS EXTREMELY URBAN.

IT JUST DOESN'T LOOK LIKE THE PAVILION THAT WE HAVE THERE NOW.

MM-HMM .

SO I WOULD SAY THAT WE WOULD PROBABLY NEED TO LIKE REDRAW A LITTLE BIT BETTER TO WHAT THE ENVIRONMENT IS, NOT TO WHAT REALLY THIS WANTS TO GO.

SO FOR, FOR THAT POINT, IIII JUST ASK THAT WE COME BACK AND WE, AND WE LOOK AT A DIFFERENT DESIGN BECAUSE

[02:05:01]

TO BE HONEST WITH YOU, THAT TO ME THAT SCREAMS CORAL GABLES, PALMETTO BAY DOES NOT SAY MIAMI BEACH AT ALL.

MAYBE IT'LL BE HELPFUL IN, IN NEXT TIME THAT THE LANDSCAPE TEAM COMES BACK AND TALKS ABOUT LIKE THE DIFFERENT GROUND MATERIALS FROM BOARDWALK UP AND SEE IF, IS THERE, IS THERE SAND, IS THERE, SHELL STONE, IS IT ALL HARD PAVERS? LIKE, SO WE CAN SEE WHAT IT, WHAT IT LOOKS LIKE FROM THE BOARDWALK, BECAUSE THAT'S TWO MEMBERS THAT ARE ASKING FOR BEACH VIBE AND, AND MORE, I GUESS IT'S ONLY THE POINT MORE OPEN AND, AND THAT'S YEAH.

YOU KNOW, YEAH.

GRASSES AND SAND AND WHAT, WHAT IT WAS, INSTEAD OF BEING LIKE, OKAY, HERE'S A HARD LINE AND WE GO RIGHT TO CONCRETE PAVERS AND PATHS MM-HMM .

BEAUTIFULLY MANICURED.

WHICH, WHICH IS NICE.

BUT I, YOU KNOW, THAT, I DON'T KNOW, SORT OF BRIDGING THE, THE SOFTNESS OF THE BEACH UP INTO THE, THE BEAUTIFUL MANICURES.

YES.

MR. CHAIRMAN, I ALSO, OR I WAS GONNA ACTUALLY SAY TOO, THAT IN YOUR PRESENTATION YOU ADDED, UM, THE SMITH AND WILENSKY AND AS SORT OF A PARALLEL, AT LEAST FOR OPERATION USES.

AND THAT TOO, I MEAN, THE BUILDING IS MUCH SMALLER, BUT THAT'S SOMETHING WHERE THERE'S A RELATIONSHIP WITH THAT BUILDING IN THE SOUTH POINT PARK.

AND AGAIN, IT'S, YOU KNOW, NOT EVERYBODY'S GONNA GO INTO THAT.

BUT I, I THINK THAT'S SORT OF WHAT WE'RE GETTING AT.

THERE ARE A LOT OF THINGS ABOUT THIS PROJECT THAT I LIKE.

I LIKE THAT THE VISTA THAT YOU'VE DESCRIBED, I LIKE THE SORT OF GRADUAL FLOWING INTO LIKE, I THINK THAT'S REALLY NICE.

AND I THINK THAT, YOU KNOW, THERE ARE DEFINITELY THE DIRECTIONS THAT YOU'VE CHOSEN WITH.

I LIKE THAT.

BUT, BUT YEAH, I, I DO THINK THAT THERE JUST NEEDS TO BE SOME REFINEMENT AND, YOU KNOW, LOOKING AT THE RELATIONSHIP OF THE STRUCTURE TO THE BEACH.

THANK YOU SARAH.

MR. CHAIRMAN CAN, WILL JUST SAY BRIEF COMMENT? YEAH.

IF I COULD JUST SAY ONE THING QUICKLY.

I THINK OUR CHALLENGE TO KOBE WAS TO, TO MAKE IT ABOUT THE BEACH.

AND IT'S OBVIOUSLY THE OPPOSITE OF WHAT WE NORMALLY DO WITH OUR APPROACH TO RESTAURANTS WHERE YOU WALK IN AND YOU SEE A RESTAURANT FIRST.

AND SO THERE'S NO WAY TO, YOUR MR. CHAIRMAN'S POINT, THERE'S NO WAY GETTING AROUND THE FACT THAT YOU CAN'T SEE THE BEACH FROM THE SIDEWALK.

THERE'S, THERE'S DUNES, THERE'S ELEVATIONS.

SO WE RAISED THE ELEVATION TO BRING THE BUILDING UP A LITTLE BIT SO THAT WE OPENED THE SPACE UP.

WHEN YOU FIRST WALK IN, YOU WALK INTO THIS LARGE ATRIUM AREA THAT YOU SEE UNDERNEATH THOSE, UM, THE COVERS THERE.

AND YOU DON'T EVEN SEE THE RESTAURANTS.

THE RESTAURANTS HERE DEEP TO YOUR RIGHT, TO YOUR LEFT, ALL YOU SEE IS BEACH, BEACH, BEACH, BEACH.

AND THAT WAS THE, THE CHALLENGE TO KOBE.

WE WENT THROUGH 10 ITERATIONS TRYING TO, TO GET THERE.

UM, BUT OUR GOAL WAS THE OPENNESS THAT I THINK YOU'RE DESCRIBING, AND I'M NOT SURE IT'S BEING A HUNDRED PERCENT MM-HMM .

CONVEYED IN THE RENDERINGS HERE.

BUT WE WANTED TO, WE WANTED THE FIRST THING YOU SEE, AND THE ONLY THING YOU SEE WHEN YOU WALK TO THE TOP OF THOSE STAIRS IS THE BEACHES AND THE REC RESTAURANTS ARE COMPLETELY SECONDARY.

AND THEN YOU GO THROUGH THE LANDSCAPING.

OBVIOUSLY THE ANY IS DONE AND DOWN TOWARDS THE POOLS, BUT YOU'RE REALLY JUST LOOKING STRAIGHT OUT AT THE BEACH, WHICH IS WHY WE RAISED THE PROPERTY TO THAT, TO THAT LEVEL.

YEAH.

MAYBE A RENDER AND SHOWING ME FIRST INTO THE BUILDING AND LOOKING TOWARDS THE BEACH AND YEAH.

WE NEED, WE NEED TO SEE THAT ONE.

I'M CONVINCED THAT MORE VIEWS AND EVERYTHING WILL REALLY HELP CONVEY THE INTENT.

YEAH.

I EVEN WONDER TOO IF, AGAIN, LIKE, AND I DON'T, I DON'T WANNA DESIGN THIS FOR YOU OR STEP ON YOUR TOES, BUT EVEN IF THE ROOF, INSTEAD OF IT BEING FLAT, WHAT IF THAT, YOU KNOW, HIGHLIGHTED THE ARCHES LIKE SOMETHING TO HAVE A RHYTHM TO IT, WHICH MAYBE THAT'S ALSO SOMETHING THAT, YOU KNOW.

YEAH.

I, AS, AS THE NON-ARCHITECT KOBE, I LOOK AT THE CENTER AND I LIKE IT A LOT.

AND THEN THE SIDES, THAT'S TO ME WHERE THE VERY COMMERCIAL SUBURBAN THING COMES IN.

SO I FIND THE, THE SIDES JUST GIVING UP THE, THE MIDDLE ADD, YOU FEEL DEPTH AND YOU FEEL VARIETY.

WHEREAS THE SIDES JUST ALL SEEM LIKE THE SAME.

IT ALMOST LOOKS LIKE NOT A STRIP MALL, BUT THE CONCEPT OF THESE, OF THESE EVEN EVENLY SPACED FLAT MIRRORS THAT SEEM MIRROR WINDOWS THAT SEEM ALMOST FLAT AGAINST THE SURFACE.

AND THERE'S NO DEPTH OR OR MOVEMENT THERE THAT I THINK WOULD ADD A MUCH MORE FEELING OF TRANSPARENCY.

LIKE THE CURRENT THING IS VERY TRANSPARENT.

AND THAT'S ALL, THAT'S ALL I WOULD SAY IS I JUST, I FIND THE SIDES REALLY KIND OF, AND, AND I THINK ALSO WE FOCUSED A LOT ON THIS FRONT VIEW, BUT IN LOOKING AT THE ELEVATIONS, ONE OF MY CONCERNS, SOMETHING TO THINK ABOUT TOO IS I'M LOOKING AT THE NORTH ELEVATION AND THERE IT LOOKS LIKE THERE'S AN ENTIRE BUILDING AND ALL THAT'S PUNCTUATING IT ARE TWO SMALL DOORS.

SO, YOU KNOW, THAT'S, WHAT IS THAT, THAT'S SECOND STREET OR SOMETHING, YOU KNOW, THAT'S, THAT'S ALSO SOMETHING TO ADDRESS.

UM, YEAH, I DON'T KNOW IF IT'S HELPFUL TO BRING IT UP OR IF EVERYBODY ELSE IS LOOKING AT WHAT I THINK JUST BRING US, BRING US INSIDE MORE TO SEE THE INTERIOR AND FA FACING FROM BEACH FACING.

AND I, I'D LIKE TO SEE WHAT THE, THE BATH BATHROOMS LOOK LIKE.

I, IN DELS, I, I I'M SURE THEY'RE STANDARD, BUT, BUT IT'S PART OF THE, THE PLAN, RIGHT? THEY'RE NEW, THEY'RE NEW BATHROOMS AND CHANGING ROOMS.

[02:10:01]

RIGHT? ABSOLUTELY.

SO I'LL BRING YOU THE RENDERINGS, I'LL SHOW YOU ALL THE ELEVATIONS RENDERED, AND I'LL GIVE IT, AND I'LL TAKE GABRIELLE'S COMMENTS IN AS WELL AND, AND THE MATERIAL PAL AND THE MATERIALS LIKE AADE AND I DISCUSSED.

AND WE'LL TAKE IT FROM THERE AND WE'LL COME BACK TO YOU.

THANK YOU.

I'LL ALSO SAY TOO, MY BIG CONCERN WITH THIS PROJECT IS, IS THAT, YOU KNOW, THE ONE THING THAT IS DEEPLY LACKING SOUTH OF FIFTH IS PARKING.

WE'VE GOT LOTS OF WONDERFUL, VERY HIGH-END RESTAURANTS, BUT, YOU KNOW, I'M GLAD THAT PART OF RFP INCLUDED PARKING.

I, I, I FEEL LIKE THAT AS A RESIDENT, AS SOMEBODY WHO WOULD LIKE TO GO TO THE BEACH AND TO USE THIS AREA MORE PARKING IS WHAT STOPS ME.

AND SO, I DON'T KNOW, AGAIN, LIKE TO GO BACK TO THIS IS A GOVERNMENT, YOU KNOW, THIS IS A CITY PROPERTY.

I, I, I DON'T, I JUST HAD TO THROW THAT OUT THERE AND MAKE A COMMENT THAT THAT'S SOMETHING.

AND I KNOW, SO I THINK THAT RAISING, YOU KNOW, PUTTING PARKING UNDERNEATH, AND THAT SEEMS TO BE SPECIFICALLY FOR THE RESTAURANTS.

UM, AND I GUESS THIS IS ALSO SOMETHING THAT WILL BE ADDRESSED MORE WITH THE PLANNING DEPARTMENT, JUST TO MAKE SURE, AND I KNOW THEY DO THIS IN SOUTH POINT PARK, THAT THE PARKING, THE PUBLIC PARKING IS FOR BEACH GOING PUBLIC.

AND THAT THE RESTAURANT PARKING IS THAT THE RESTAURANT PARKING DOESN'T ENCROACH UPON THE BEACH PARKING.

'CAUSE I THINK THAT THAT'S A REALLY IMPORTANT PART OF USING PUBLIC LAND FOR ALL THIS.

SO YEAH, LET'S GO TO HEAR YOU SAY SOMETHING ELSE YEAH.

ABOUT PARKING.

I, I, IT, THAT JUST BRINGS, YEAH, NO, I MEAN, I EVEN, SOMEBODY JUST ASKED ME THE OTHER DAY, YOU KNOW, I HAVE LITTLE KIDS, WE WANNA GO TO A BEACH, WHAT DO YOU RECOMMEND? AND I WAS LIKE, SOUTH POINT PARK IS THE BEST, BUT IT'S VERY HARD TO FIND PARKING AROUND THERE AND I DON'T WANT TO SACRIFICE PARKING IN THIS NEIGHBORHOOD.

I THINK IT'S REALLY, REALLY, REALLY IMPORTANT FOR EVERYBODY.

EVEN THE PEOPLE THAT LIVE THERE WHEN THEY HAVE FRIENDS COME AND, YOU KNOW, IT'S, IT'S, AND THIS IS THE ONE SECTION OF THE CITY THAT DOESN'T HAVE A MULTI-STORY MUNICIPAL LOT.

AND I THINK THAT WE NEED TO BE AWARE OF THAT.

AND THERE'S A LOT OF, UM, PERMANENT PARKING AROUND, WHICH UNDERSTANDABLE, YOU KNOW, FOR THE RESIDENTS THERE.

BUT IT'S JUST, YOU KNOW, FOR THE, FOR THE PARKING VARIANCE.

I, I THINK THAT THAT'S, THIS IS A GOOD THING.

YEAH.

YEAH.

I DON'T REALLY MIND THE VARI THE VARIANCES MAKE SENSE TO ME.

YEAH.

SO, OKAY.

THANK YOU MR. CHAIRMAN, SINCE WE MAY NOT BE APPROVED TODAY, UM, COULD WE GO TO FEBRUARY? KOBE HAS A VERY LARGE FIRM AND I THINK HE'LL BE ABLE TO ACCOMMODATE ALL THE REVISED DRAWINGS IN QUICK ORDER, IF THAT'S OKAY WITH YOU ALL.

I, I, I UNDERSTAND.

I WONDER TOO, I'D ALSO BE VERY CURIOUS TO SEE TO THE POINTS THAT WE STARTED TO ADDRESS AT THE BEGINNING, HOW, WHAT THE PLANNING DEPARTMENT, WHAT THEIR DISCUSSION IS ABOUT HOW THAT THAT MIGHT END UP AFFECTING THE DESIGN OR WHATEVER.

I MEAN, I WOULD RECOMMEND, I DON'T WANNA BE IN THIS POSITION AGAIN WHERE WE'RE LIKE, OH YEAH, THIS IS WHAT WE THINK, BUT WHAT'S THE PLANNING BOARD GONNA SAY? WHAT, AND I KNOW THAT NEXT MONTH WE'RE SCHEDULED AFTERWARDS.

RIGHT.

BUT I WOULD HATE FOR THE PLANNING AND I DON'T KNOW WHAT, YOU KNOW, BUT IF THEY, I I GUESS YOU'LL JUST CONTINUE IT IF THEY MAKE MAJOR CHANGES OR WHATEVER AND THEN WON'T DO IT.

DON'T, I DIDN'T SEE THAT HAPPENING.

WOULD THAT, THAT IS WHAT WE WILL, YOU'RE SAYING THAT THE PLANNING BOARD MEETING IS BEFORE OUR NEXT YEAH, CORRECT.

IT'S ON FEBRUARY 3RD.

YEAH.

AND YOU WOULD LIKE TO COME IN, YOU WOULD LIKE TO COME IN FEBRUARY IN DR INSTEAD OF APRIL, CORRECT? OR MARCH? MARCH.

MARCH.

CAN'T DATE OF MARCH.

MARCH.

I MEAN, I GOTTA, I MEAN, I, I DON'T KNOW, SEE WHAT YOU SAID.

FOR ME, THIS SEEMS LIKE THERE'S, THERE'S A LOT TO REALLY EXPLORE.

YOU KNOW, I WOULD RECOMMEND MARCH OVER FEBRUARY, BUT I'M OKAY WITH FEBRUARY, SARAH, JUST 'CAUSE WE'VE HAD THESE DISCUSSIONS IN THE VARIOUS OPTIONS WE'VE LOOKED AT.

SO YOUR COMMENTS ARE VERY WELL, WE HAVE THEM IMPLEMENTED, AND SO I DON'T THINK THAT IT'LL TAKE US THAT MUCH TO COME BACK AND WORKING WITH YOUR STAFF, UM, HAS BEEN A, A PLEASURE.

SO I THINK IT'S FINE FOR US TO TAKE AN OPTION AND COME BACK AT THAT TIME.

OKAY.

THEN I'D LIKE TO MAKE A MOTION.

ONE, ONE QUICK ISSUE, AND I'M NOT GONNA, YOU KNOW WHAT ACTUALLY THE PUBLIC PORTION IS? NO, NO COMMENT.

THIS IS NOT A COMMENT.

THIS IS JUST TO PRESERVE THE RECORD.

I JUST WANT TO MAKE SURE IT'S ON THE RECORD.

'CAUSE I WAS AWAY FROM THE MICROPHONE BEFORE.

I ASKED FOR A MINUTE OF TIME TO REBUT THE FACTUAL ISSUES THAT MR. LARKIN MADE ABOUT MY PRESENTATION.

AND JUST TO CONFIRM, THE, THE BOARD DID NOT ALLOW THAT TO OCCUR.

OCCUR.

SO MR. TURNS, I'M SURE YOU'LL HAVE A LOT OF OPPORTUNITIES AT THE PLANNING BOARD, AND THAT'S REALLY THE MORE APPROPRIATE PLACE TO MENTION THOSE.

I'M GONNA MAKE A MOTION TO CONTINUE THE PROJECT UNTIL THE FEBRUARY MEETING.

I, I JUST WANNA MAKE SURE I I WAS NOT ALLOWED TO SPEAK AGAIN.

IS THAT, THAT'S RIGHT.

AND MI, MR. MR. STERNS, THE, THE APPLICATION'S GOING TO BE CONTINUED TO, UH, VERY LIKELY THE FEBRUARY 12TH MEETING.

AT THAT TIME, YOU'LL HAVE ANOTHER OPPORTUNITY TO ADDRESS THE BOARD.

THANK YOU.

AND THANK YOU VERY MUCH.

THEN WE GAVE YOU 12 MINUTES.

YEAH.

UH, SECOND.

I'LL SECOND.

YEAH.

[02:15:02]

MOTION BY MS. GIL NELSON, SECOND BY MR. PAZ.

THAT'S, UH, TO CONTINUE TO THE FEBRUARY 12TH MEETING.

ALL THOSE IN FAVOR? AYE.

AYE.

AYE.

AYE.

THANK YOU LADIES AND GENTLEMEN.

THANK YOU.

I, I WOULD NEED JUST FOR, FOR THE APPLICANT EVERYTHING BY SUNDAY THE 25TH SO THAT THE 26TH WE CAN START REVIEWING AND UPDATING OUR STAFF REPORT.

SO, OKAY.

THAT'S HER.

OKAY.

SO THAT'S IT.

THE NEXT MEETING

[FUTURE MEETING DATE REMINDER: February 12, 2026]

WILL BE FEBRUARY 12TH.

THANK YOU.

MOTION TO ADJOURN.