Feb 03, 2026 Planning Board

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RECORDED FOR PUBLIC RECORD PLEASE STAND BY WE ARE GOING ON AIR IN FIVE FOUR THREE TWO ONE OKAY, GOOD MORNING EVERYBODY.

THIS IS OUR FIRST MEETING OF THE YEAR. WE DIDN'T HAVE A QUORUM LAST MONTH. SO WELCOME TO THE FEBRUARY MEETING DO YOU NICK DO YOU WANT TO DO SWEARING-IN DO YOU WANT TO DO ELECTION? WE DON'T HAVE ANY MINUTES TO APPROVE BECAUSE WE DIDN'T HAVE A MEETING LAST WEEK. SO WE CAN START WITH THE THE NOTICE ON LOBBIES REGISTRATION YEAH, AND THEN AND THEN FROM THERE WE CAN TAKE THE ELECTION OF THE CHAIR AND VICE-CHAIR.

OKAY, IT'S ALL YOURS THANK YOU, GOOD MORNING TODAY'S MEETING OF

[CITY ATTORNEY UPDATES]

[3. December 9, 2025 ]

[1. Election of Chair]

IT'S UP TO THE BOARD I'LL MAKE A MOTION TO NOMINATE BRIAN ELIAS, OKAY FOR A SECOND. I'LL SECOND THAT ALREADY ALL IN FAVOR. AYE CONGRATULATIONS, MR. CHAIR WE CAN FOLLOW THE SAME PROCESS

[2. Election of Vice-Chair]

THANK YOU OKAY, WE'RE ON

[4 PB25-0776. Liquor Store Prohibition on Lincoln Rd]

[5 PB25-0777. Increase Distance Separation for Tobacco and Vape Stores.]

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OKAY MOVE TO JULY NEXUS PLANNING FOR FILE 25 0 7 8 9

[6 PB25-0789, 323 23rd Street.]

[7 PB25-0739.  Lincoln Road East Residential Use Incentives – LDR Amendments]

[8 PB25-0738. Lincoln Road East Residential Use Incentives - Comprehensive Plan Amendment]

[9 PB24-0731. Lincoln Road West Residential Use Incentives – LDR Amendments]

[10 PB25-0737 Lincoln Road West Residential Use Incentives - Comprehensive Plan Amendment.]

[11. PB24-0715. 1800, 1810, & 1818 Michigan Avenue and 1039 18th Street – Single Family Home Lot Split.]

MR. CHAIRMAN WAS THE BOARD THANK YOU DEBBIE. SO AGAIN, MICKEY MARRERO 200 SOUTH BISCAYNE BOULEVARD HERE ON BEHALF OF THE PROPERTY OWNER I OBVIOUSLY DON'T DISAGREE WITH STAFFS REPORT AND RECOMMENDATION THIS WAS A TRUSTEES THAT INHERIT THAT TOOK OVER THIS PROPERTY FROM THE IVOR ROSE ESTATE IT WAS YOU KNOW A BIT OF A BEAR TO DEAL WITH ALL THE VIOLATIONS AND ALL THE WORKED ON WITHOUT PERMITS WE NOW AFTER THE LOT SPLIT THERE HAVE BEEN INDEPENDENT HISTORIC PRESERVATION BOARD APPROVALS FOR EACH OF THE PARCELS UNTIL THOSE GET REALIZED INTO PERMITTING AND CONSTRUCTION.

THE PROPERTY WILL REMAIN BOARDED FENCED AS PER THE CITY STANDARDS SO WE BELIEVE THAT WE'RE IN GOOD SHAPE HERE.

HOPEFULLY GET THESE THINGS BUILT AND IN THE RELATIVELY NEAR FUTURE SO IF YOU HAVE ANY QUESTIONS, I'M HAPPY TO ANSWER THEM, BUT OKAY ANYONE IN CHAMBERS TO SPEAK ON THIS ITEM ANYONE ON ZOOM? YEAH OKAY, UNLESS THE BOARD HAS QUESTIONS SOMEONE I WANT TO MOVE IT TO DISMISS IT MAKE A MOTION TO DISMISS AND CLOSE THE PROGRESS REPORT OKAY ALL IN FAVOR. ALL RIGHT, ANYONE OPPOSED THANK

[12. PB25-0764 a.k.a. PB20-0345, 1200 Ocean Drive]

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SO VERY VERY HAPPY TO BE PART OF THIS CITY THANK YOU SO MUCH, THANK YOU FOR COMING YOU GUYS WANT TO SAY ANYTHING YOU'RE GOOD ON BEHALF OF THE OWNERSHIP GROUP WE'RE WE'RE VERY THANKFUL FOR OCEAN DRIVES HOSPITALITY, AND WE'RE LOOKING FORWARD TO RETURNING IT TO YOU ALL GREAT. THANK YOU. ALL RIGHT, SO WE NEED TO MOVE IT THE MOTION TO APPROVE SECOND THAT OKAY THE CHANGE OF OWNERSHIP ALL IN FAVOR OPPOSED. OKAY. THANK YOU GUYS.

THANK YOU. THANK YOU ALL RIGHT

[13. PB25-0791, 1330 18th Street]

THERE ARE MUCH MORE LIMITED IN TERMS OF THE THE OCCUPANCY AND THE NUMBER OF SEATS ARE MORE LIMITED THAN WOULD BE IF IT WAS IN ANOTHER COMMERCIAL DISTRICT WITHIN THE CITY SO THE EXISTING THE THE EXISTING RESTAURANT INITIALLY OPENED IN 2021 AT THAT POINT THEY DID NOT NEED A CONDITIONAL USE APPROVAL BECAUSE THEIR PATRON OCCUPANCY WAS LIMITED TO A HUNDRED OR PERSONS IN 60 SEATS, SO THAT WOULD BE BELOW THE THRESHOLD WITHIN THE SUNSET HARBOR NEIGHBORHOOD FOR THE CUP THEY ARE CURRENTLY PROPOSING TO EXPAND THE RESTAURANT INTO SEVERAL STORAGE AREAS WITHIN THE BUILDING INCREASING THE NUMBER OF SEATS TO 132 AND INCREASING THE OCCUPANCY CONTENT TO 198 JUST TO POINT OUT THE MAXIMUM ALLOWABLE OCCUPANCY IN THE SUNSET HARBOR NEIGHBORHOOD IS 199 PEOPLE SO THEY DO FALL BELOW THAT ANOTHER THING I WOULD LIKE TO POINT OUT IS THAT ENTERTAINMENT IS PROHIBITED IN THE SUNSET HARBOR NEIGHBORHOOD AND THAT APPLIES TO BOTH EXTERIOR ENTERTAINMENT AS WELL AS INTERIOR ENTERTAINMENT THE APPLICANT IS PROPOSING HOURS OF OPERATION CONSISTENT WITH THE REQUIREMENTS OF THE OF THE ZONING DISTRICT INSIDE OPERATIONS WILL CLOSE AT 2 A.M.

TUESDAY THROUGH SATURDAY AND OUTDOOR DINING WILL BE CLOSED AT 12 A.M.. SO 12 MIDNIGHT THE RESTAURANT WILL ALSO BE OPEN ON SUNDAYS BETWEEN 10 A.M..

AND 4 P.M.

STAFF HAS NOTED IN OUR REPORT THAT THE PREVIOUS OPERATIONS DID RECEIVE SEVERAL VIOLATIONS WE HAVE HAD CONVERSATIONS WITH THE APPLICANTS THEY HAVE ADVISED US THAT THEY'RE THERE WHILE THE OWNERSHIP REMAINS PRIMARILY SUBSTANTIALLY CONSISTENT WITH THE PREVIOUS OWNERSHIP GROUP THAT THEIR OPERATIONS HAVE EVOLVED AND THEY ARE NOT CURRENTLY LOOKING TO VIOLATE ANY OF THE CONDITIONS IN THE CUP STAFF HAS INCLUDED ADDITIONAL CONDITIONS REGARDING OUTDOOR SPEAKER PROHIBITION AND JUST REITERATING IN THE ORDER THAT ENTERTAINMENT WHETHER INSIDE OR OUTSIDE IS NOT PERMITTED SO WITH THAT STEP IS RECOMMENDING APPROVAL, AND I'M HAPPY TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE THANK YOU GENTLEMEN, THANK YOU VERY MUCH. MR. CHAIRMAN. MY NAME IS PAUL SAVAGE WITH LAW OFFICES AT 200 SOUTH BISCAYNE BOULEVARD, MIAMI, FLORIDA I'M HERE TOGETHER WITH MY CLIENT TIGER SABIA AND ALSO MY COLLEAGUE FROM MY LAW FIRM BEN SHERRY AS WELL AS OUR TRAFFIC ENGINEERS HERE FOR ANY JUST ANY QUESTIONS YOU MAY HAVE AS WELL AS OUR

[00:15:01]

THERE'S NO EXTRANEOUS, YOU KNOW WALLS BEING TAKEN OUT ANYTHING LIKE THAT IT'S JUST INTERIOR AND WE'RE ADDING A PRIVATE DINING ROOM IN SOME OTHER AREAS SO WITH THAT, I'M GOING TO QUICKLY GO THROUGH I KNOW YOU HAVE A FULL AGENDA BEFORE YOU ARE YOU KNOW, SO ARE YOU IN AGREEMENT WITH ALL THE CONDITIONS THAT? CITY HAS RECOMMENDED. YES, SIR.

MR. CHAIRMAN FULLY AGREE WITH THE FAVORABLE STAFF RECOMMENDATION AS DEBBIE SUMMARIZED INCLUDING ALL CONDITIONS OF THE PROPOSED ORDER. GREAT.

THANKS THIS IS THE THIS IS THE OF COURSE, YOU KNOW WHERE THE SUNSET HARBOR NEIGHBORHOOD IS HERE RIGHT OFF DADE BOULEVARD AND AND THAT IS THE SITE THE ZONING AND COMPREHENSIVE PLAN TREATMENT IS HERE. IT'S URBAN LIGHT INDUSTRIAL. THIS RESTAURANT HAS BEEN IN OPERATION THERE'S NO QUESTION AS TO THE APPROPRIATENESS OF THE ZONING HERE'S THE OVERLAY DISTRICT WITH THE SPECIAL AREAS OF ADDITIONAL REGULATION APPLICABLE TO SUNSET HARBOR AND THE LOCATION OF THE SUBJECT SITE THAT AGAIN, WE HAVE A FAVORABLE RECOMMENDATION AS DEBBIE SUMMARIZED INCLUDING CERTAIN CONDITIONS THAT WE AGREED TO IN THE PROPOSED ORDER AS PREPARED BY THE PROFESSIONAL STAFF THIS IS OUR PROPOSED SITE PLAN THIS IF YOU KNOW THE STREET AT ALL, IT'S REALLY NESTLED IN THERE THERE ARE STRUCTURES ON BOTH SIDES YOU KNOW COMMERCIAL STRUCTURES ON BOTH SIDES WITH WALLS. SO IT'S REALLY NESTLED IN THERE THERE'S SOME PLANTERS AND THINGS IN THE FRONT AND THERE'S ALSO A LITTLE A LITTLE CAFE WINDOW ON THE ON THE TOP OF THAT OF THAT DRAWING, BUT THIS IS THE PROPOSED SITE PLAN AS YOU CAN SEE, THERE'S A PRIVATE DINING AREA UP IN THE UPPER RIGHT HAND CORNER OF THAT SITE PLAN AND A RECONFIGURATION OF OUR SEATING AND JUST A MORE EFFICIENT AND EXPANDED USE OF THE SITE AGAIN YOU CAN SEE THE THE NEW PRIVATE DINING THERE IN THE UPPER RIGHT HAND CORNER AND THE WE'RE GOING TO TOTALLY REDO THE FRONT WITH ADDITIONAL LANDSCAPING AND AN IMPROVED EXPERIENCE THIS IS THE OCCUPANT LOAD THAT DEBBIE DESCRIBED AND IS ALSO SET OUT IN THE STAFF REPORT AGAIN WE'RE GOING FROM 60 SEATS TO 132 SEATS IN AN OCCLUDE EXISTING OF 104 TO A 198 OCCUPANCY LOAD A QUICK A QUICK LITTLE SHOT OF THE MENU HERE AND THE SORT OF FARE THAT'S OFFERED AND AND ALSO WE HAVE A HAPPY HOUR THERE, BUT AGAIN, THERE'S NO ENTERTAINMENT ALLOWED AND THE MUSIC IS AMBIENT ONLY AND THE NEIGHBORHOOD IS VERY SENSITIVE TO THAT AND WE ARE ALSO VERY MINDFUL OF THAT SITUATION AGAIN AS DEBBIE SUMMARIZED IN THE STAFF REPORT THESE ARE THE THESE ARE THE TIMES OF OPERATION AND AS THE PROFESSIONAL STAFF REPORT RECITES THEY ARE WITHIN THE PERMITTED TIMES UNDER THE CODE AS I MENTIONED THESE ARE THE CODE VIOLATIONS THAT WERE EXISTING UNDER THE PRIOR OWNERSHIP AND OPERATIONS OUR NEW OWNER HAS ADDRESSED AND CLOSED THE CODE VIOLATIONS WITH A NOISE VIOLATIONS OF A NOISE RELATED OR YES, SOME OF THEM SOME OF THEM WERE I'M NOT SURE EXACTLY THE OTHERS ARE OKAY, SO MY CLIENT IS

[00:20:01]

CORRECT THE MUSIC. IT'S ALWAYS A BALANCE. WE WANT YOU TO HAVE A GOOD QUALITY OF LIFE. WE WANT THEM TO SUCCEED ABSOLUTELY.

ABSOLUTELY. WE WANT TO BE GOOD NEIGHBORS, BUT THEY HAVE TO BE GOOD OPERATORS THANK YOU.

SO WE HAVE WE SUPPORT THIS PROJECT. THANK YOU. THANK YOU BEFORE I GET TO YOU IS THERE ANY DISCLOSURES NEED TO BE MADE ON THIS ITEM? I FORGOT TO DO THAT. NOBODY OKAY, SIR, THANK YOU JOSEPH PARDO THREE ISLAND AVENUE SUNSET, EXCUSE ME MIAMI BEACH, FLORIDA I'M A RESIDENT OF BELLE ISLAND SPEAKING ACTUALLY IN MY INDIVIDUAL CAPACITY BECAUSE I'M A HOP SKIPPING A JUMP AWAY FROM SUNSET HARBOR I WANT TO EXPRESS MY PERSONAL SUPPORT FOR THIS PROJECT. THAT WOULD BE A GREAT ADDITION TO THE SUNSET HARBOR NEIGHBORHOOD.

GREAT. THANKS ANYBODY ELSE IN CHAMBERS? ANYBODY ON ZOOM? YES, MR. CHAIR. WE HAVE BRUCE BACKMAN BEFORE YOU START SPEAKING I LIVE IN SUNSET HARBOR. I'M ON THE BUS. DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING? BUT THE TRUTH I DO SWEAR I'M SPEAKING AS AN INDIVIDUAL. I'M ALSO A NEIGHBORHOOD MEMBER OF THE SUNSET HARBOR NEIGHBORHOOD ASSOCIATION ACTUALLY OVERLOOK THE PROPERTY AND I DO SUPPORT THE APPLICATION LOOKS FINE I DID

[00:25:04]

THANK YOU THANK YOU. ANYONE ELSE ON ZOOM? YES, WE HAVE MITCH NOVICK MITCH DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? YES, OF COURSE. GOOD MORNING.

EVERYONE MITCH NOVICK. I LIVE IN THE ENTERTAINMENT DISTRICT.

I ECHO THE SAME SENTIMENT AS THE LAST AS THE SPEAKERS, BUT I WANT TO COMMENT THAT I HAD MY HAND RAISED REGARDING THE 1200 OCEAN DRIVE ITEM AND IT HAS TO DO WITH NOISE AND OPEN-AIR ENTERTAINMENT AS SUCH NOISE I IN MY MIND CLEARLY FUELS THE CHAOS THAT WE FIND ALONG OCEAN DRIVE AND YESTERDAY'S MIAMI HERALD FRONT AND CENTER WAS A PICTURE OF OCEAN DRIVE WITH PEOPLE SMOKING WEED ON THE STREET AND OPEN-AIR ENTERTAINMENT DEGRADES THE COMMUNITY ESPECIALLY WHEN ABUTTING RESIDENTIAL INTERESTS SO WITH MOVEMENT MOVING FORWARD I WOULD EXPECT YOU GUYS DOING YOUR BEST TO DO YOUR BEST TO CONTAIN THIS NOISE IT SHOULD BE SUBJECT TO THE PROPERTY LINES OF THE PROPERTY AND NOT THROWN OUT INTO THE PUBLIC REALM.

THANK YOU. OKAY, NICK NICK.

SORRY THAT WE DIDN'T SEE YOUR HAND UP APPARENTLY ON THE LAST ITEM SO OUR APOLOGIES ANYBODY ELSE ON ZOOM? OKAY, I'M GONNA LET YOU GUYS SEE I'M GONNA JUST GIVE MY TWO CENTS I HAPPEN TO KNOW TIGER THE OWNER THE NEW OWNER THE NEW MANAGEMENT AND HE'S A STELLAR GUY HE'S MADE MANY COMMITMENTS TO ME THROUGH THIS PROCESS THAT THEY'RE GONNA BE GOOD NEIGHBORS, AND I KNOW HE WILL AND THE RESTAURANTS FABULOUS, SO I HOPE EVERYONE WILL SUPPORT IT IN A BRIT WITH THAT ANY QUESTIONS KEITH. NO ANYBODY HAVE ANY QUESTIONS? OKAY, THAT'S DON'T WANT TO MOVE IT SECOND OKAY ALL IN FAVOR. I DON'T WANT TO POSE. NO, OKAY. THANK YOU GUYS THANKS FOR THE PRESENTATION OKAY NEXT IS NEW APPLICATION PLANNING BOARD FILED PB 2507 9 2 1 OCEAN DRIVE THANK YOU MR. CHAIR AN APPLICATION HAS BEEN FILED REQUESTING THE REVIEW OF PRIVATE AND OR JOINT GOVERNMENT PRIVATE USES IN THE GU GOVERNMENT USE ZONING DISTRICT IS IT POSSIBLE WE COULD MOVE THIS ITEM JUST BACK ONE OR TWO ON THE AGENDA? WE'RE JUST WAITING FOR A FEW TEAM MEMBERS TO ARRIVE UM, I DON'T HAVE AN ISSUE WITH THAT, BUT LET'S CONFIRM WITH THE CHAIR OR VICE-CHAIR.

IF YOU'RE NOT READY WE'LL MOVE TO THE NEXT ITEM. THANK YOU VERY MUCH. OKAY AND IF AFTER THE NEXT ITEM IS FINISHED IF YOU'RE IF YOUR PEOPLE ARE HERE,

[15. PB25-0807, 1244 Ocean Drive]

[00:30:02]

THE APPLICANT IS ALSO GOING TO RESTRICT ALL ACCESS TO HOTEL GUESTS AND THEIR GUESTS THERE IS NO NEW CONSTRUCTION. THE PLAN OF THE ROOF IS REMAINING THE SAME ANY FOOD OR BEVERAGE AT THIS LEVEL WILL BE SERVICED VIA AN EXISTING DUMBWAITER SO WE DO NOT ANTICIPATE ANY NEGATIVE IMPACTS THERE'S ALSO LIMITED HOURS OF OPERATION THAT THE APPLICANT IS REQUESTING AND WOULD ONLY LIKE TO STAY OPEN PAST 11 P.M FOR THE 4TH OF JULY AND FOR NEW YEAR'S EVE. SO STAFF IS VERY SUPPORTIVE WE APPRECIATE THE THE LONG-STANDING RESPONSIBLE NATURE OF THE CURRENT OWNER AND APPLICANT AND AND WITH THAT WE'RE RECOMMENDING APPROVAL, BUT I AM AVAILABLE FOR ANY QUESTIONS YOU MAY HAVE OKAY, SIR YES. GOOD MORNING.

MY NAME IS JUAN PABLO DONOFRIO. I'M THE OWNER OF THE LESLIE HOTEL AND WELL, I THINK DEBBIE MADE THE WHOLE HISTORY OF THE PROCESS WHEN WE APPLIED FOR THE REDEVELOPMENT OF THE LESLIE HOTEL. IT WAS ACTUALLY LIKE 15 YEARS AGO BRINGING A POOL TERRACE TO A ROOFTOP WAS SOMETHING BRAND-NEW AT THAT TIME WE ACCEPTED THIS RESTRICTION WHERE WE COULD NOT SELL ALCOHOL TO OUR HOTEL GUESTS IN THE POOL AND WELL HERE 15 YEARS LATER. WE'RE TRYING TO REMOVE THAT CONDITION WHICH MAKES LITTLE SENSE THIS IS THERE'S NO OPEN BAR OR THINGS LIKE THAT THIS IS A SMALL PROPERTY 35 ROOMS MIGHT HAVE EIGHT PEOPLE TEN PEOPLE IN A ROOF TERRACE. THEY WANT TO HAVE A BEER WE CANNOT SELL IT TO THEM THEY HAVE TO GO TO WALGREENS OR THEY HAVE TO GO TO THE RESTAURANT AND COME UP THROUGH THE ELEVATOR WITH A BEER IN THEIR HAND WE'RE TRYING TO FIX THAT PROBLEM THAT BRINGS A LOT OF CONCERNS WITH OUR CUSTOMER SERVICE AT THE PROPERTY SO WE DO HAVE A RESIDENTIAL BUILDING TO THE BACK OF THE LESLIE THEY EXPRESSED THEIR CONCERN WHEN WE PRESENTED IN HPV WE WERE ABLE TO MEET WITH THEM WITH THEIR CONDO ASSOCIATION AND WE HAD A VERY NICE CONVERSATION THEY ARE VERY ACTIVE IN OBSERVING OUR TERRACE AND SO THEY'VE SEEN THROUGHOUT THE YEARS THAT WE DID WE NEVER HAD AN ISSUE. WE NEVER HAD A COMPLAINT FROM THEM. WE HAVE A VERY OPEN DIALOGUE AND IT WAS I THINK A NICE EXPERIENCE TO MEET AGAIN AND WE'RE HOPING TO MOVE FORWARD OKAY. THANK YOU. AND AGAIN, THANKS FOR BEING SUCH A GOOD NEIGHBOR.

APPARENTLY ANYBODY IN CHAMBERS SPEAK ON THIS JOSEPH PARDO PART OF LAW 1205 LINCOLN ROAD, MIAMI BEACH I REPRESENT THE PENTHOUSE TO OWNER AT THE CARLISLE, WHICH IS THE RESIDENTIAL BUILDING NEXT DOOR MY CLIENT HAS SPOKEN TO OTHER RESIDENTS OF THE CARLISLE AND EVEN THOUGH THIS IS IN THE ENTERTAINMENT DISTRICT YOU DO HAVE TO CONSIDER THE RESIDENTIAL BUILDING DIRECTLY NEXT DOOR MY CLIENTS CONCERN AND IT'S NARROW AND SPECIFIC IS THAT THERE WAS NO COMMUNITY OUTREACH OUR UNDERSTANDING IS WE HAVEN'T HAD THE DIALOGUE BETWEEN A HOTEL OPERATOR AND NEIGHBOR THAT WOULD GIVE RISE TO THEIR INPUT ON WHAT OTHER CONDITIONS MIGHT BE APPROPRIATE AND IN FULL CANDOR, I DON'T DISCOURAGE THE ATTEMPT TO LIFT THE CONDITION, BUT THE STATUS QUO IS THE CONDITION RIGHT NOW THERE'S A PROHIBITION ON ALCOHOL AND THE HPV ORDER MY UNDERSTANDING CORRECT IF I'M WRONG, IS THAT THE ONLY WAY THAT HPV AMENDMENT GETS APPROVED IS IF THE PLANNING BOARD GIVES ITS APPROVAL AS WELL. SO YOU DO HAVE A CONSIDERATION WHICH IS THE PUBLIC HEALTH GENERAL SAFETY AND WELFARE AND AS IT RELATES TO THE RESIDENTS IN THE RESIDENTIAL BUILDING NEXT DOOR THERE IS A CONCERN THAT AMBIENT NOISE TURNS INTO LIVES MUSIC THAT CODE ENFORCEMENT DOESN'T GET CALLED ON TIME THAT A PERSON WHO'S DESIGNATED TO BE REACHABLE ISN'T REACHABLE AND THAT IT AFFECTS CLIENTS PARTICULARLY LIKE MY CLIENT ON THE PENTHOUSE LEVEL WHERE THE AMBIENT MUSIC IS MORE LIKELY TO TRAVEL SO WE WOULD SUGGEST TO TWO CONDITIONS TO TWO ALTERNATIVES ONE CONTINUE THIS ONE MONTH AND REQUIRE THE APPLICANT TO LIAISE WITH THE RESIDENTS DIRECTLY NEXT DOOR TO CARLISLE

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YEP. ANYBODY ELSE HERE TO SPEAK ON THIS ANYBODY ON ZOOM? OKAY, GOOD NO IT'S UNFORTUNATE THAT WE DID NOT HAVE THIS CONTACT BEFORE BECAUSE WE WOULD HAVE MORE THAN GLADLY MEET THE SAME WAY WITH IT WITH OUR REAR PROPERTY NEIGHBOR WE ALREADY HAVE HIGH IMPACT GLASS WINDOWS IN IN THE BUILDING. WE'RE NOT REQUESTING LIVE ENTERTAINMENT WE'RE NOT REQUESTING AN ENHANCEMENT OF THE MUSIC WHERE THERE'S NO NOISE RELATED CHANGE INTO OUR CURRENT SITUATION LET ME JUST SORT OF RESPOND TO YOUR POINT IF WE ALWAYS SAID NO BECAUSE WE NEED TO MAKE SURE THE OPERATOR COMPLIES IN THE SOUPY THEN WE'D NEVER GIVE A CUP. SO PART OF THE CUP PROCESS IS TRUSTING THE OWNERS TO COMPLY WITH IT I DON'T SEE WHAT OTHER CONDITION MEETING WITH THE NEIGHBORS I MEAN, I DON'T KNOW WHAT OTHER CONDITION WOULD BE REASONABLE MORE REASONABLE THAN WHAT STAFFS RECOMMENDED IF ANYTHING THEY COULD COME IN AND OBJECT AND SAY WE DON'T WANT TO HAVE THAT CONDITION AT ALL OR THAT THE POSSIBILITY OF ALCOHOL BUT JUST TO RESPOND TO YOU YOU HAVE TO TRUST THE OWNER AT SOME POINT TO COMPLY AND SO THE REMEDY FOR THAT IS IF THEY DO GET SEVERAL CODE VIOLATIONS, THEN WE CAN RESCIND THE CUP OR ADD CONDITIONS SO I RESPECT WHAT YOU'RE SAYING BUT IT'S KIND OF LIKE WE WOULD NEVER GIVE ANYBODY EVEN AMBIENT MUSIC IF THE QUESTION WAS WELL WILL THEY COMPLY WITH IT? WE HAVE TO ASSUME THEY'LL COMPLY. SO ANYWAY ANY QUESTIONS BY THE BOARD? YEAH, JOHN, SO NUMBER ONE, I WAS A LITTLE CONFUSED IN THE STAFF REPORT ABOUT THE HOURS OF OPERATION BECAUSE IT SAID MONDAY THROUGH THURSDAY 7 TO 9 FRIDAY THROUGH SUNDAY 7 TO 11 AND THEN JULY 4TH TO DECEMBER 31ST 7 TO 2 OKAY, SO FOR THOSE TWO DAYS THEN I GUESS SO HERE'S THE QUESTION I HAVE IT IT MAKES TOTAL SENSE YOU HAVE A POOL ATTENDANT UPSTAIRS. YOU DON'T WANT PEOPLE BRINGING IN OUTSIDE ALCOHOL IT MAKES TOTAL SENSE TO SELL THE PEOPLE AT THE POOL, YOU KNOW ALCOHOL AND I THINK EVERYBODY, YOU KNOW, THAT THAT'S FINE ACTUALLY, I THINK IT'S PREFERABLE SO THAT PEOPLE AREN'T BRINGING IN THEIR OWN ALCOHOL. IT'S PROBABLY MAKES FOR A BETTER ATMOSPHERE I GUESS THE CONCERN THAT I HAVE IS AND TO THE NEIGHBORS, YOU KNOW POINT IS YOU HAVE IT GOING UNTIL 11 P.M WHICH IS WHEN PEOPLE AREN'T, YOU KNOW, SUNBATHING ANYMORE AND THEN YOU HAVE UNTIL 2 A.M.

ON CERTAIN ON THOSE TWO DATES I GET IT BECAUSE THE TO SEE THE FIREWORKS AND SO, YOU KNOW THAT I DON'T THINK IS A PROBLEM BUT THE GOING TO A LATE AT NIGHT AND THEN AND THEN ONE OTHER QUESTION IS ARE YOU PLANNING ON HAVING I KNOW THERE'S A 50% CAPACITY ARE YOU PLANNING ON HAVING PRIVATE EVENTS, YOU KNOW RENTING IT OUT OR ANYTHING? BUT THE TERRACE IS ONLY EXCLUSIVELY FOR OUR HOTEL GUESTS, SO WE DON'T BRING PEOPLE FROM OUTSIDE WE RUN THREE HOTELS IN THE PARK. WE DON'T EVEN BRING PEOPLE FROM OUR OTHER HOTELS TO THE TERRACE IT'S INTENDED TO BE A VERY EXCLUSIVE TERRACE FOR THE LESLIE HOTEL OWNERS.

LET'S GO TO A GUEST. I'M SORRY. SO WHEN WOULD AN EVENT AN EVENT WOULD BE A WELCOME DRINK FOR THE GUESTS IF THEY HAVE THERE'S A WEDDING. THERE'S 15 ROOMS BY A WEDDING THEY WANT TO DO A WELCOME DRINK IN THE AFTERNOON PRIOR TO SOME ACTIVITY SO THIS IS THE SORT OF EVENTS THAT CAN HAPPEN IN A VERY SMALL HOTEL. WE WERE NOT WE CANNOT HOLD LARGE GROUPS OF ROOMS BECAUSE WE DON'T HAVE THEM SO NO, THE 2 A.M. HAS TO DO WITH THE POSSIBILITY. WE HAVE A PRIVILEGED LOCATION FOR THE FIREWORKS WERE BASICALLY BELOW THE FIREWORKS IT COULD BE 1 A.M. BECAUSE IT'S A 20-MINUTE THING AFTER 12 1 THAT'S OVER EVERYBODY LEAVES.

IT'S IT'S NOT A BIG DEAL.

WE'VE BEEN DOING THIS FOR 10 YEARS. WE'VE BEEN DOING ILLEGALLY EVERYBODY GOES UPSTAIRS WATCHES THE FIREWORKS AND THEN LEAVES IT DOESN'T MAKE SENSE WE TRY TO BE ON THE ON THE RIGHT SIDE, BUT THERE'S NO THERE'S NO OUTSIDE EVENTS. WE DON'T HAVE THE PARKING CAPACITY. WE DON'T HAVE THE SECURITY CAPACITY. WE DON'T HAVE THE VERTICAL CIRCULATION CAPACITY WE WANTED TO BRING 30 PEOPLE 50 PEOPLE TOGETHER TO THE TO THE ROOF TERRACE WELL, I GUESS OKAY AND THAT MAKES

[00:40:01]

DO YOU HAVE ANY ISSUES? IS THERE SOMETHING SPECIFIC IN THE STAFF REPORT THAT YOU DISAGREE WITH OR YOU OBJECT TO OR IT'S JUST A GENERAL CONCERN? IF THE OFFER IS TO REDUCE THE TIME TO 10 P.M THAT WOULD BE A WELCOME CONCESSION THE SPECIFIC STAFF REPORT COMMENT IS THAT THE HEALTH SAFETY AND WELFARE OF THE NEIGHBORHOOD IS NOT PARTIALLY SATISFIED THAT CONDITION WOULDN'T BE PARTIALLY SATISFIED. OUR CONDITION IS THAT BY FAILING TO HAVE ANY MEANINGFUL CONVERSATION WITH THE NEIGHBORS? THEY DON'T KNOW WHAT THE IMPACT IS GOING TO BE AND SO WE BELIEVE THAT MORE INVESTIGATION IF THE IMPACT IS WARRANTED AT A MINIMUM THAT DIALOGUE WITH THE NEIGHBORS HAVE A TOWN HALL SO THAT WE CAN ESTABLISH REPORT BUILD WHAT I HOPE TO BE A VERY GOOD OPERATION AND BUILD THAT TRUST GIVE US THE MONTHS WE CAN HAVE THAT TIME AND LET THEM COME BACK THAT WOULD BE THE ANSWER. YEAH. WELL, I MEAN HERE HOW ABOUT DO YOU HAVE CONTACT WITH EACH OTHER? I WILL IN ABOUT TWO MINUTES, RIGHT? SO I THINK THAT'S GONNA BE THE SALUTE I MEAN, I DON'T THINK IT FOR THIS IT SOUNDS LIKE EVERY ALL THE OTHER BUILDINGS OR YOU KNOW, OUR HOTELS HAVE SIMILAR RESTRICTIONS YOU KNOW, THAT'S CORRECT AND SO I THINK THE BETTER WAY TO DO IT MOVING FORWARD BECAUSE YOU HAVE TO BALANCE THE INTEREST WE WANT TO ENCOURAGE GOOD OPERATORS WHO ARE COMING HERE TO APPLY FOR THIS, YOU KNOW GET HIS CELL PHONE NUMBER HAVE SOMEBODY ON STAFF AVAILABLE WHENEVER PEOPLE ARE UP AT THE ROOF THERE'S A PHONE NUMBER TO CALL THAT THAT YOU COULD YOU DON'T HAVE TO GO THROUGH THE OPERATOR SYSTEM BUT YOU KNOW, SO YOU GET A WORKING RELATIONSHIP, BUT UNLESS YOU HAVE YOU KNOW, I WANT TO YOU KNOW GIVE YOU GUYS AN OPPORTUNITY, BUT IF YOU DON'T HAVE PROPOSALS, YOU KNOW ARE WAYS THAT YOU THINK THAT THIS IS GOING TO NEGATIVELY IMPACT YOU YOU KNOW, IT'S KIND OF HARD TO PUT THAT IN WE WELCOME THE CONCESSION TO REDUCE THE HOURS TO 10 P.M WITH THE EXCEPTION OF THOSE TWO HOLIDAYS AND MY UNDERSTANDING FROM THE STAFF REPORT IS THAT A PERSON IS REQUIRED TO BE ON THE HALL 24 7. OKAY, SO GOOD. SO THAT WORK FOR YOU. OKAY, GREAT SO WAS THAT A AN AGREEMENT TO MODIFY TO 10 P.M. I JUST WANT TO PUT THAT IF YOU'RE NOT OPPOSED TO IT THEN YOU'RE OPPOSED TO THAT. I'M FINE WITH IT.

OKAY, ARE YOU SURE? THIS IS A THIS IS A POOL TERRACE AND I CAN TELL YOU WE BARELY HAVE SIX OR EIGHT PEOPLE AND I DON'T KNOW HOW LONG THE OWNER OF THE NEXT-DOOR PENTHOUSE HAS BEEN THERE, BUT WE'VE BEEN THERE FOR 15 YEARS AND YOU'VE COME TO THE PLAYING BOARD BEFORE JUST TO SPEAK ON BEHALF OF THE NEIGHBORHOOD AND OTHER APPLICANTS AND I THINK YOU'VE BEEN A STEWARD OF THE AREA SO, YOU KNOW, BUT SINCE YOU'VE BEEN HERE BEFORE YOU KNOW, WHY WE'RE ASKING THESE QUESTIONS ALL RIGHT, GREAT, SO I'LL MOVE IT WITH THE TIME. ALL RIGHT. HOLD ON ONE SECOND. WE HAVE ONE MORE COMMENT. OKAY, THEN WE'RE MY NAME IS JONATHAN PLOT SICK, I LIVE AT 1455 OCEAN DRIVE. I'M HERE ON ANOTHER MATTER, BUT I CAN'T HELP MYSELF I CHAIR THE OCEAN DRIVE ASSOCIATION WE NEED 15 LESLIE HOTELS ON OCEAN DRIVE. WE SHOULD BE DOING WHATEVER WE CAN TO LIFT UP THE LESLIE HOTEL OUR CHALLENGE AS A COMMUNITY FOR ALL OF MIAMI BEACH IS TO FIX OCEAN DRIVE AND THIS IS ONE OF THE RARE EXAMPLES OF PROGRESS SO I ENCOURAGE YOU TO BE SUPPORTIVE OF THIS APPLICATION THANKS, JONATHAN. GO AHEAD. I'LL MOVE IT FORWARD WITH THE 10 P.M.

CLOSURE AND THAT'S ON FRIDAYS AND SATURDAYS ALL RIGHT ALL IN FAVOR AYE ANYONE OPPOSED, OKAY. THANK YOU SIR. THANK YOU

[14. PB25-0792, 1 Ocean Drive.]

OKAY. GREAT AN APPLICATION HAS APPLICATION HAS BEEN FILED REQUESTING THE REVIEW OF A PRIVATE OR JOINT GOVERNMENT PRIVATE USE IN THE GU

[00:45:02]

AND NO ENTERTAINMENT IS CURRENTLY PROPOSED FOR ANY OF THE USES AS PROPOSED THE USES ARE LARGELY COMMERCIAL IN NATURE. SO STAFF HAS POINTED OUT THERE IS A CONFLICT WITH THE FUTURE LAND USE MAP THE FUTURE LAND USE MAP FOR THIS PARTICULAR PROPERTY IS OUR OS WHICH IS RECREATION OPEN SPACE THE ALLOWABLE USES IN THE ROS ARE LIMITED TO RECREATION AND OPEN SPACE AND IT DOES NOT PROVIDE FOR COMMERCIAL USES THEREFORE WE IN CONSULTATION WITH THE CITY ATTORNEY'S OFFICE HAVE NO OBJECTION WITH THE PLANNING BOARD ISSUING A RECOMMENDATION TO THE MAYOR AND CITY COMMISSION WITH REGARD TO THE PROPOSED USES THIS WILL REQUIRE A AN AMENDMENT TO THE CITY'S COMPREHENSIVE PLAN TO CHANGE THE FUTURE LAND USE WE'VE ALREADY BEEN MEETING WITH THE APPLICANT TO SUBMIT THAT APPLICATION WITH THAT I'M AVAILABLE FOR ANY QUESTIONS. ALL RIGHT BEFORE YOU START MICHAEL ANY DISCLOSURES ON THIS ITEM? YEAH, I RECEIVED A EMAIL FROM TWO ATTORNEYS NOT THE APPLICANT I HAVEN'T TALKED TO THE APPLICANT, BUT THE APPLICANT WAS ARRANGED TO MEET WITH CONTINUUM MASTER OF WHICH I RECUSED MYSELF OF THE PRESENTATION AND DID NOT SEE THE PRESENTATION THERE I ALSO WAS A PART OF A SELF IN A MEETING IN WHICH I WALKED OUT AND RECUSED MYSELF SO I JUST WANT TO PUT ON THE RECORD THAT THE FIRST TIME THAT I SAW THE PLAN AND THE INFORMATION WAS WHEN THE PACKET WAS DELIVERED TO ME AND I HAVE NOT TALKED TO THE APPLICANT. OKAY, SCOTT NO, I HAVEN'T SPOKEN WITH ANYBODY ON THIS ASSUME WE ALL RECEIVED THE EMAILS FROM THE ATTORNEYS. OKAY YEAH EMAILS FROM I GUESS TURNS WEAVER AND THE DICKMAN LAW FIRM. I SPOKE WITH SOMEBODY FROM STEARNS WEAVER ABOUT THIS OKAY, DEBORAH, I THINK YOU POINTED IT OUT BUT I JUST WANT NICK TO CONFIRM THAT YOU DON'T HAVE ANY THE CITY ATTORNEY'S OFFICE HAS NO LEGAL CONCERNS WITH OUR ABILITY TO MAKE A RECOMMENDATION TO WHAT WHAT WE WOULD RECOMMEND IS THAT AS PART OF YOUR RECOMMENDATION? WHETHER YOUR RECOMMENDATION IS FAVORABLE OR UNFAVORABLE THAT IF THE CITY COMMISSION IS INCLINED TO APPROVE THE USE THAT THE COMMISSION FIRST OR AT THE SAME TIME AMEND THE FUTURE LAND USE MAP DESIGNATION FOR THIS PROPERTY THAT AMENDMENT TO THE FUTURE LAND USE MAP IS REQUIRED TO COME BEFORE YOU SO THAT WOULD THAT WOULD COME BEFORE YOU RIGHT? SO YOU HAVE NO PROBLEM WITH US ADDRESSING IT TODAY THOUGH PRIOR TO THAT, CORRECT I WOULD JUST I WOULD RECOMMEND YOU INCLUDE IN YOUR MOTION THAT THAT RECOMMENDATION AND MR I WOULD JUST ASK ANYONE WHO WAS NOT HERE IN THE MORNING WHEN WE SWORE IN WITNESSES TO PLEASE RAISE IF ANYONE'S GONNA TESTIFY IN THIS PLEASE STAND UP RAISE YOUR RIGHT HANDS DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU, OKAY, AND THE ONLY OTHER THING I'M GONNA SAY IS I'VE GOTTEN MULTIPLE REQUESTS TO EXCEED TIME I'M GONNA BE DEFERENTIAL TO THAT WITHIN REASON SO, YOU KNOW IF YOU HEAR THE BEEPER GO OFF JUST KEEP GOING AND IF IT GETS RIDICULOUS I'LL STOP IT, BUT I'M GONNA GIVE EVERYONE AFFORD EVERYBODY THAT OPPORTUNITY BECAUSE I KNOW IT'S AN IMPORTANT ITEM WITH THAT BEING SAID, MR. LARKIN GOOD BOARD MEMBERS STAFF MICHAEL LARKIN TO UNDER SOUTH BISCAYNE BOULEVARD HERE REPRESENT THE APPLICANT PJ.

CAN YOU PULL UP THE PRESENTATION? GREAT SO WE'RE HERE TODAY REPRESENTING THE APPLICANT WITH US TODAY ARE THE BOUCHER BROTHERS STEVE BOUCHER AND ADAM SIDRATI ALSO FROM MAJOR FOOD GROUP AS WELL AS OUR WE HAVE KOBE CARP AND MATTHEW PICARD FROM KOBE CARP ARCHITECTS JOE GOLDBERG OUR TRANSPORTATION CONSULTANT MY COLLEAGUES PAUL SAVAGE AND THEN SHERRY WE COME BEFORE YOU THIS MORNING SEEKING YOUR FAVORABLE RECOMMENDATION FOR OUR PROPOSED PROJECT IN CONNECTION WITH A CONCESSION AGREEMENT AWARDED TO THE APPLICANT

[00:50:02]

IT'S ZONE GU. NEXT SLIDE UNDER THE GU REGULATIONS WE HAVE TO COME BEFORE YOU TODAY AND YOU ALL MAKE A RECOMMENDATION VERY CLEAR THE SCOPE OF YOUR REVIEW IS SOMETHING AKIN TO LEGISLATION WHERE THE CITY COMMISSION IS THE FINAL SAY? BUT YOU ALL ARE CERTAINLY INTEGRAL PART OF THE PROCESS AND YOU ALL MAKE YOUR RECOMMENDATIONS ON THIS AS YOU WOULD ANY TYPE OF LEGISLATION NEXT SLIDE IT ALSO IS VERY HELPFUL THAT YOUR PROFESSIONAL STAFF IS RECOMMENDING APPROVAL AND ASKING YOU ALL TO GRANT A FAVORABLE RECOMMENDATION FOR THIS PROJECT. NEXT SLIDE I'M GOING TO INVITE KOBE CARP UP AND HE'S GONNA WALK YOU THROUGH SOME OF HIS DESIGN GOOD MORNING, LADIES AND GENTLEMEN, MY NAME IS KOBE CARP WHICH BUTTON HERE WE GO. THIS IS THE FRONT ENTRANCE TO THE BUILDING IF YOU GO TO THE NEXT IMAGE, PLEASE THIS IS A RIVAL POINT OPEN TO THE BEACH THIS IS THE BEACH FRONT AND YOU CAN SEE THE CONNECTIVITY TO THE BEACH WALK THIS IS THE IMAGE LOOKING TO THE NORTHEAST AND ESSENTIALLY WHAT YOU CAN SEE IS THE POORNESS OF THE SITE ALLOWING ENTRY ALONG OCEAN DRIVE AND ALONG THE BEACH WALK AND THE PROPERTIES TO THE NORTH AND TO THE SOUTH AS WELL ON THE BOTTOM LEFT HAND SIDE IS THE SADDLES RESTAURANT THAT HOPEFULLY WILL BE OPEN NOW FROM SUNRISE TO SUNSET SO WHEN WE COME THERE ON THE BEACH, WE CAN GET A JUICE OR CAFECITO IN THE MORNING AND THAT IS YOU WANT ME TO GO THROUGH THIS MICHAEL? WHAT DO YOU WANT TO PICK IT UP ON THE FITNESS CENTER ON THE MEDITERRANEAN RESTAURANT LOCATION? THE IDEA IS BASICALLY TO HAVE SADDLES AND THE JAPANESE RESTAURANT IN THE FITNESS CLUB OPEN TO THE NEIGHBORHOOD INTO THE COMMUNITY BASICALLY TO BE OPEN TO THE PUBLIC FROM THE BEACH WALK TO OCEAN DRIVE THIS IS THE POINT OF ARRIVAL WHERE WE HAVE THE PARKING IN THE FRONT, WHICH IS THE CITY PUBLIC PARKING AND WE ALSO HAVE A GREAT LANDSCAPE ARCHITECT ON THE TEAM, WHICH IS ENYA AND BISHOP DOING THE INTERIOR DESIGN I'LL LET YOU WITH THAT. THANK YOU

[00:55:02]

SADDLES BOARDWALK CAFE 9 A.M.

TO 9 P.M YOU HAVE AN OUTDOOR LOUNGE POOL KIDS CLUB WELLNESS AND RETAIL 11 A.M. TO 7 P.M.

NEXT SLIDE AND OF COURSE, WE HAVE A VARIETY OF SECURITY MEASURES SECURITY CAMERAS AT ALL ACCESS POINTS WE HAVE OUR BACK OF HOUSE AREA SECURE SECURITY STAFF WE HAVE RECEPTION AREAS AND HOST STANDS VALET STAFF AND WE WERE TYPICALLY WILL HAVE CONTROL OF THE PARKING LOT AT NIGHT BECAUSE UNFORTUNATELY SOUTH POINT DRIVE PARTICULARLY ON WASHINGTON AND SOUTH POINT IS WHERE A LOT OF TEENAGERS GATHERED TO THEIR CAR BURNOUTS OR THEIR DOUGHNUTS SO THAT WON'T BE TOLERATED WITHIN OUR PROPERTY. NEXT SLIDE AND OF COURSE WE PRESENTED TO SOFTEN AT THE BEGINNING OF DECEMBER OF LAST YEAR OUR PROJECT WAS WELL RECEIVED BY SOFTENER AND THEY ADOPTED A RESOLUTION OF SUPPORT FOR THIS PROJECT NEXT SLIDE AGAIN, WE'RE HERE TODAY. YOUR SCOPE OF REVIEW IS NARROW YOU'RE TO REVIEW THIS PARTICULAR PROJECT AND OFFER RECOMMENDATIONS CRITIQUES COMMENTS TO THE CITY COMMISSION NEXT SLIDE JUST A FEW LASTING RENDERINGS NEXT SLIDE NEXT SLIDE NEXT SLIDE NEXT SLIDE NEXT SLIDE SO, MR. CHAIRMAN, I KNOW THAT YOU ALL HAVE RECEIVED EMAILS LETTERS FROM THE OBJECTOR ATTORNEYS I JUST WANT AN OPPORTUNITY TO CORRECT THE RECORD AND GIVE YOU ALL SOME GUIDELINES SO YOU DON'T GET CAUGHT UP IN SOME OF THESE ARGUMENTS SO THE OBJECTOR ATTORNEY REPRESENTING THE CURRENT TENANT WHOSE LEASE EXPIRES ABOUT THREE MONTHS FROM NOW WILL INVITE YOU ALL TO MAKE COMMENTS ABOUT AN ALLEGED INCONSISTENCY BETWEEN THE PROJECT WE ARE PRESENTING TO YOU ALL TODAY AND THE CONCESSIONARY THIS IS A TRAP. I ADVISE YOU ALL NOT TO TAKE THE BAIT THE PURPOSE OF SUCH A DISCUSSION WILL BE TO USE THESE STATEMENTS IN THE ONGOING LITIGATION BETWEEN THE CITY AND PENROD'S WHICH CAME ABOUT BASED UPON PENROD'S FAILURE TO TIMELY SUBMIT THEIR RESPONSE BACK IN 2023 THE GOLD OR LITIGATION IS MIKE MICHAEL IS THERE PENDING LITIGATION ON THIS? YES, THERE IS YES, A TRIAL COURT JUDGE RECENTLY DISMISSED MULTIPLE COUNTS IN THEIR COMPLAINT.

THEY HAVE ABOUT FOUR COUNTS LEFT IN THEIR COMPLAINT OKAY, AND WHAT WOULD THE IMPACT OF A HYPOTHETICALLY ADVERSE RULING HAVE ON THIS WHOLE PROCESS. I DON'T KNOW IF THE CITY ATTORNEY'S OFFICE WANTS TO DISCUSS THAT IT'S NOT AS MUCH I MEAN THE THE LITIGATION REALLY HAS NO IMPACT ON THE BOARD'S ABILITY TO HEAR THIS APPLICATION, RIGHT? THE LITIGATION IS ULTIMATELY A CHALLENGE TO TO THE TO THE PROCUREMENT, CORRECT OF THIS CONTRACT I WOULD RATHER NOT SPECULATE WHAT THERE'S BEEN NO STAY IN THAT LITIGATION ON ANY PLANS OKAY, I JUST WANT TO MAKE SURE WE'RE PROCEDURALLY PROCEEDING PROPERLY. OKAY.

THANK YOU. THANK YOU. MR CHAIR, SO BUT BEAR IN MIND WE WOULD NOT BE BEFORE YOU TODAY UNLESS THE CITY ATTORNEY THE CITY ADMINISTRATION HAD DETERMINED THAT WE WERE CONSISTENT WITH THE CONCESSION AGREEMENT IN FACT, THEY ARE THE CO-APPLICANT HERE TODAY YOUR ROLE HERE TO HIT THE PLAYING WORD IS TO REVIEW THE PROJECT AND OFFER RECOMMENDATIONS TO THE CITY COMMISSION THERE'S A VERY NARROW ROLE AS I SUGGESTED EARLIER YOU ALL ARE CUSTOM TO THIS ROLE BECAUSE IT'S JUST YOUR SAME ROLE THAT YOU HAVE WHEN LEGISLATION PASSES BY YOU ALL AND YOU OFFER RECOMMENDATIONS TO THE CITY COMMISSION WITH REGARD TO THE LETTER FROM MR. DICKMAN, MR. JIM HAS SUBMITTED A LETTER TO YOU ALL HE DID NOT PROVIDE US WITH A COPY, BUT THANKFULLY WE DISCOVERED IT AS WE ROUTINELY CHECK THE HEARING FILE BEFORE THE HEARING WITH REGARD TO THE COMPREHENSIVE PLAN CLAIM THE INCONSISTENCY CLAIM IS NOT NEW NOR HAS IT BEEN RECENTLY DISCOVERED BACK IN 2023 THE CITY WAS ALREADY REFERRING TO THE NIKKI BEACH SIDE IS NON-CONFORMING BASED UPON THIS INCONSISTENCY THE QUESTIONS ARE REALLY WHAT YOU INTEND TO DO ABOUT IT AND WHEN SO AS NICK AND DEBBIE HAS TOLD YOU ALL WE WILL SEEK A SMALL-SCALE AMENDMENT THAT WILL REDESIGNATE THE PROPERTY FROM RECREATION TO OPEN SPACE TO PUBLIC FACILITIES A SMALL-SCALE AMENDMENT IS AN EASY PROCESS. IT DOES NOT REQUIRE STATE REVIEW IT APPEARS BEFORE YOU ALL AND YOU ALL WILL GET A CHANCE TO REVIEW IT PROBABLY IN APRIL BUT THAT IS OUR INTENTION AND THAT WILL RESOLVE THE INCONSISTENCY CLAIM FOR TODAY'S PURPOSES YOU ALL CAN MAKE AS NICK HAS SUGGESTED TO YOU ALL A CONDITION THAT THIS PROPERTY BE REDESIGNATED BEFORE THE CITY CAN TAKE A FINAL VOTE ON THIS MATTER MR. DICKMAN LETTER THREATENS A CONSISTENCY CHALLENGE BUT THERE COULD BE NO CHALLENGE BASED ON ANY ACTION TODAY BECAUSE YOU ALL ARE INTERMEDIATE REVIEWING BODY THERE IS NO FINAL ACTION FROM YOU ALL THE FINAL ACTION IS RESERVED FOR THE CITY COMMISSION THERE IS ANOTHER ALLEGATION A LETTER SUGGESTING THAT THIS IS TECHNICALLY A PARK THAT THE CITY TREATS THIS AS A PARK THE LETTER STATES THAT WE

[01:00:01]

MR. CHAIRMAN. I'D LIKE TO RESERVE SOME TIME FOR REBUTTAL. I APPRECIATE THE TIME ARE YOU DONE WITH YOUR PRESENTATION? YES, OKAY ALL RIGHT, WHO IS HERE THAT WANTS TO SPEAK? GOOD MORNING MEMBERS OF THE PLANNING BOARD. MY NAME IS ANDREW STEARNS ADDRESSES 150 WEST FLAGLER STREET MIAMI FLORIDA I'M APPEARING BEFORE YOU ALL TODAY ON BEHALF OF PENROD BROTHERS WE ARE AN INTERESTED PARTY TO THE LOCATION OF OUR PROPERTY, WHICH IS THE SUBJECT PROPERTY, SO SORRY TO SAY WE WILL BE VENTURING INTO THAT TIME ISSUE THAT YOU MENTIONED BELIEVE WE'RE ENTITLED TO THE FULL ALLOTMENT OF TIME AS OUR STATUS PROVIDES BUT I'LL TRY TO GET THROUGH EVERYTHING AS QUICKLY AS POSSIBLE WE HAVE A PRESENTATION WE'D LIKE TO PUT ON THE BOARD TO GO THROUGH TO LAY OUT EXACTLY WHAT IS GOING ON HERE BECAUSE IT'S AN INTERESTING SCENARIO NOW YOUR ROLE AS A PLANNING BOARD IS IMPORTANT IT'S TO ENSURE COMPLIANCE WITH ALL LDRS IN THE CITY OF MIAMI BEACH AND WHAT THAT MEANS IS YOU HAVE TO TAKE ALL DEVELOPMENT REGULATIONS INTO CONSIDERATION AS PART OF THAT TASK AND THIS SIMPLE ANALYSIS HERE, WHICH IS UNAVOIDABLE IS THAT THIS PROJECT DOES NOT COMPLY WITH THE LDRS WHAT HAPPENED IS? RESOLUTION 2023 3 2 8 2 APPROVED A CONTRACT AND THAT CONTRACT REQUIRED DEVELOPMENT OF THIS PROPERTY TO BE TO SUBSTANTIALLY CONFORM WITH THE AUTHORIZED CONCEPTUAL DESIGN AND WHAT YOU WOULD SEE IF YOU HAD BEEN PROVIDED WITH THOSE UNDERLYING DOCUMENTS WHICH NEITHER THE CITY NOR THE APPLICANT PROVIDED TO YOU FOR REVIEW IS THAT THE THEIR SUBMISSION WAS FOR A RENOVATION ONLY NOT A NEW BUILD AND WHAT YOU'RE GOING TO SEE IS THE NEW PROPOSAL FOR A NEW BUILD WAS NOT EVEN PRESENTED TO THE PUBLIC OR ANYONE UNTIL MORE THAN TWO YEARS AFTER THEIR RENOVATION PROPOSAL WAS APPROVED NOW THE COMP PLAN ISSUE IS IMPORTANT BECAUSE AS PART OF THE LDRS A COMP PLAN IS A LAND DEVELOPMENT REGULATION AND IT DOESN'T MAKE A LOT OF STRATEGIC SENSE FOR A BOARD WHOSE JOB IS TO ENSURE COMPLIANCE WITH THE LDRS TO KNOWINGLY PASS SOMETHING NON-COMPLIANT WHEN THE CORRECT PATH WOULD BE GET INTO COMPLIANCE WITH A COMP PLAN AMENDMENT IF THE BOARD SO CHOOSES HEY, LET ME INTERRUPT YOU ONE SECOND. SURE. BUT AGAIN, WE'RE RECOMMENDING NOT APPROVING SO DOES THAT HAVE A DISTINCTION TO YOUR ARGUMENT? I THINK IT'S NOT REALLY A DISTINCTION BECAUSE YOU WOULD BE RECOMMENDING SOMETHING OUT OF SEQUENCE YOU'D BE PUTTING THE CART BEFORE THE HORSE. ALL RIGHT, BUT THE CITY ATTORNEY DOESN'T SEEM CONCERNED I WANT TO BE RESPECTFUL, BUT I WANT TO MAKE SURE YOUR ARGUMENTS ARE ACCURATE THAT'S A REALLY GOOD POINT THAT YOU RAISE AND I WANT TO ADDRESS THAT WHICH IS YOU NEED TO TAKE INTO CONSIDERATION THE POSTURE OF WHAT'S BEFORE YOU TODAY YOU'RE AN INDEPENDENT PLANNING BOARD OF THE CITY. YOUR JOB IS TO BE FULLY INDEPENDENT WHERE THIS IS BEFORE YOU IS THE CITY IS AN ADVOCATE FOR THIS PROJECT. THIS IS A CITY PROJECT TOGETHER WITH A PRIVATE APPLICANT IN A MATTER THAT HAS PENDING LITIGATION. SO THIS IS THE VERY PURPOSE OF AN INDEPENDENT BOARD TO EXIST THE CITY HAS A MOTIVE AND A BIAS TO GET THIS APPROVED YOU ALL ARE INDEPENDENT AND NEED TO TAKE THAT VIEW AS AN INDEPENDENT VIEW IRRESPECTIVE OF WHAT YOU MAY BE BEING TOLD BY THE CITY NOW THE THIS LDR

[01:05:02]

[01:10:02]

IT SAYS THAT AT THE END OF THE CONSTRUCTION PROCESS THEY WILL PROVIDE 72 PARKING SPOTS THE ORIGINAL RFP SUBMISSION SAID THAT THOSE 72 PARKING SPOTS WILL BE OPEN DURING THE ENTIRE TIME OF RENOVATION THE NEW PROPOSAL IS THAT THAT'S GOING TO BE COMPLETELY CLOSED FOR HOW HOWEVER MANY YEARS IT TAKES TO BUILD THE PROJECT BUT THERE'S NO CHANGE IN THE NUMBER OF SPOTS AT THE END OF THE PROJECT IN THIS PRELIMINARY PLAN THEY HAVE 72 SPOTS AFTER AND THERE WERE 72 SPOTS BEFORE CORRECT. BUT AGAIN THERE WAS A DRB MEETING ABOUT A MONTH AGO WHERE THE APPLICANTS APPEARED TO AGREE WITH DRB WHICH DEFERRED A DECISION ON THE PROJECT THAT THERE'S GOING TO BE SOME KIND OF REDESIGN TO THE PROJECT WE'RE NOT SURE WHAT THAT IS. THIS WAS THE SAME PLAN THAT WAS SUBMITTED TO THE DRB SO WE NEED TO ANTICIPATE THAT THERE'S GOING TO BE A NEW PLAN, BUT WE DON'T KNOW WHAT THAT IS YET NOW THIS IS THE EXISTING FOOTPRINT OF THE PROJECT WHICH WAS SUPPOSED TO BE MAINTAINED AND WAS PROMISED TO BE MAINTAINED AND THIS IS THE NEW STRUCTURE FOOTPRINT OBVIOUSLY NOT IN SUBSTANTIAL CONFORMITY EXCUSE ME. IF WE ARE GOING TO HIT IF THIS IS IF THERE'S GOING TO BE A DIFFERENT PLAN THEN WHY ARE WE LOOKING AT THIS ONE? THAT IS A FANTASTIC QUESTION. I AGREE WITH YOU I DON'T THINK YOU SHOULD BE LOOKING AT THIS PLAN. WELL, THAT'S A GREAT QUESTION TO ASK OF THE APPLICANT YOU'RE POINTING OUT. THIS IS A WHOLE DIFFERENT PLAN AND THAT THERE'S GOING TO BE ANOTHER PLAN SO YOU'RE ASKING THE EXACT RIGHT QUESTION WE HAVE THE SAME QUESTION, WHICH IS THEY'VE ALREADY TOLD DRB THAT THEY'RE GOING TO DO A NEW PLAN AND SO THAT'S THAT'S IN THE PAST DRB HASN'T SEEN THAT NEW PLAN.

IT'S BEEN BECAUSE IT WAS DEFERRED. SO WE DON'T KNOW WHAT'S ULTIMATELY GOING TO BE BEFORE YOU HOW MUCH MORE TIME DO YOU NEED ABOUT MAYBE ABOUT FIVE MORE MINUTES. OKAY BUT FOLLOWING THAT BECAUSE THIS IS A QUASI JUDICIAL HEARING WE HAVE SOME QUESTIONS. WE'D LIKE TO ASK THE CITY AS WELL BUT I CAN EITHER DEFER THAT TO AFTER YOU GUYS DO ALL YOUR PRESENTATIONS OR DO IT RIGHT AFTER THIS GOOD SO THIS ILLUSTRATION IS THE LOT COVERAGE 13% AS AGREED TO AND 41% AS PROPOSED THEY THEY IN THEIR REQUIRED DEVELOPMENT THE ONE THEY AGREED TO THEY SAID THEY WOULD THEY WOULD INCREASE THE JUNGLE TREE CANOPY WHAT THEY'VE REALLY DONE IS REDUCE IT THEY SAID THEY WOULD DO SUSTAINABLE SURFACING OF THE EXISTING MAKE IT MORE PERMEABLE. YOU'VE ACTUALLY INCREASED THE IMPERMEABILITY, THEY SAID THEY WOULD INSTALL SOLAR PANELS FOR RESILIENCY.

THERE'S NO SOLAR PANELS IN THIS PROJECT THE LOCATION THE POOLS AMENITIES WE WOULD BE NEXT TO THE RESTAURANTS. NOW, THOSE HAVE BEEN RELOCATED CREATING A SAFETY RISK FOR THE PUBLIC AND HERE'S AN ILLUSTRATION OF THE IMPERMEABILITY ISSUE THAT'S BEEN CREATED WITH THIS NEW BUILD MASSIVE NEW STRUCTURES DUE TO THIS UNDER GROUNDING OF PARTIALLY UNDER GROUNDING OF PARKING NOW I MENTIONED THIS BEFORE BUT THIS ON THE PARKING ISSUE BUT THEY'RE THERE THEY DID INCLUDE IN THEIR PRESENTATION A LITTLE BIT ABOUT THE INCREASED TRAFFIC FLOW AND EXISTING IMPACT AGAIN, THE FOUR TIMES INCREASE IN TRAFFIC THAT THEY PRESENTED TO YOU AND THEIR NEW PROPOSAL WAS NOT WHICH WAS IS NOT WHAT WAS APPROVED AND THERE ARE A PIECE OF MISSION THEY HAD 13 MONTHS OF CONSTRUCTION, WHICH WAS THE APPROVAL THEY'RE NOW THINKING 24 TO 30 MONTHS THEIR FAR WAS 23,000 343 THEY'RE INCREASING THAT AS WELL THIS IS THE SPECIFIC LANGUAGE AND IN THE GOVERNING ZONING DOCUMENT, WHICH IS BEFORE YOU WHICH IS THE RESOLUTION WHICH SAYS AT NO POINT DURING CONSTRUCTION PROCESS WILL THE CITY OF LESS THAN THE REQUIRED 72 AVAILABLE PARKING SPACES AVAILABLE FOR USE THAT IS NOW ALSO BEING THROWN AWAY BECAUSE THE NEW PROJECT DEMOLISHES ALL EXISTING PARKING THIS SLIDE SHOWS YOU THE TRIP GENERATION THAT WILL BE A RESULT OF THIS INCREASE IN INTENSITY OF THIS NEW PROJECT AND HERE IS THE TIMELINE OF THE CONSTRUCTION AGAIN PROMISE TO BE 13 MONTHS NOW. IT'S 24 TO 30 MONTHS THE COMP PLAN AMENDMENTS IS AN ISSUE THAT'S

[01:15:05]

IT'S INTERESTING SCENARIO REGARDING THE THE LITIGATION. I WANT TO JUST CORRECT A COUPLE THINGS THERE WAS A MOTION TO DISMISS THAT WAS HEARD AND FOLLOWING THE MOTION TO DISMISS ALL OF THE APPLICANTS CORE CLAIMS HAVE SURVIVED AND ULTIMATELY WE'RE GOING TO TRIAL ON THAT ISSUE AT WHICH POINT THE JUDGE IF WE ARE TO PREVAIL WOULD TOTALLY REDO AND REQUIRE A REBID OF THIS RFP TO BEGIN WITH ANYWAY SO DESPITE WHAT THE APPLICANT HAS TOLD YOU THE LITIGATION IS NOT OVER OR DEAD IN THE WATER IT'S PROCEEDING FULL BORE WITH ALL OF OUR CLAIMS INTACT. IT'S NOT BEFORE YOU BUT THE APPLICANT MENTIONED IT.

SO I JUST HAVE TO CLARIFY IT NOW I MENTIONED THE BECAUSE THIS IS A QUASI JUDICIAL HEARING THERE ARE SOME QUESTIONS THAT THE CITY SHOULD BE REQUIRED TO ANSWER WE'VE PROVIDED A LIST OF QUESTIONS, WHICH WE THINK ARE VERY DIFFICULT TO ANSWER FOR YOUR REVIEW I'D LIKE TO ASK THOSE BUT I CAN DO IT NOW OR I CAN DO IT LATER IT'S UP TO YOU GUYS. I'D LIKE TO HANDLE IT AND MR. CHAIRMAN.

I'D LIKE TO MAKE A FEW CLARIFICATIONS TO SOME OF THE STATEMENTS MR. STEARNS HAS MADE THIS. THIS IS A QUASI JUDICIAL HEARING. SO HE DOES HAVE A RIGHT TO CROSS-EXAMINE WITNESSES IF I COULD I'D LIKE TO MAKE JUST A FEW COMMENTS NOW TO TO TO HELP GUIDE RIGHT DO YOU CONSIDER YOURSELF A WITNESS IN THIS? WELL, NO, I MEAN, I'M RIGHT SO ARE YOU RECEPTIVE TO HIM ASKING YOU QUESTIONS? SO WHAT WHAT I WOULD ADVISE THE BOARD WHAT I WOULD ADVISE YOU AS THE CHAIR AND THE BOARD IS THAT THE MR. STEARNS CAN ASK QUESTIONS OF ANY WITNESSES WHO WHO HAVE TESTIFIED OR WILL TESTIFY TODAY I WANT TO I NEED TO MAKE A VERY CLEAR DISTINCTION BETWEEN THE REGULATORY STAFF OF THE CITY LIKE, YOU KNOW THE BUILDING OR PLANNING DEPARTMENTS AND THE THE THE STAFF OF THE CITY ACTING IN ITS PROPRIETARY CAPACITY AS A CO-APPLICANT ON THIS APPLICATION NONE OF THE FOUR OF US HERE ARE ADVOCATES FOR A PROJECT RIGHT YOUR PROFESSIONAL STAFF REVIEWS APPLICATIONS AND ADVISES YOU AND MAKES A RECOMMENDATION ON WHETHER SOMETHING SHOULD BE APPROVED OR NOT AND OUR ROLE THE ATTORNEYS WHO SIT ON THIS DAY IS OUR IS TO ADVISE YOU ON PROCEDURE AND ON THE RULES THAT GOVERN YOUR HEARINGS THE ONLY ADVOCATE ON THIS APPLICATION AND SUPPORTING THIS APPLICATION IS IS IS IS THE TEAM THAT PRESENTED TO YOU AT THE BEGINNING OF THIS HEARING? SO I WOULD USE SO SO WELL, MR. STEARNS DOES HAVE A RIGHT TO TO TO CROSS-EXAMINE WITNESSES IT WOULD IT WOULD BE WITNESSES WHO HAVE TESTIFIED TODAY AND IF YOU HAVE ANY QUESTIONS FOR STAFF WHO WERE SITTING ON THE DAIS, IT WOULD BE QUESTIONS ABOUT THE REVIEW OF THE APPLICATION CORRECT, AND I WANT TO CLARIFY I WOULD NOT BE ASKING MR. CLAIR JUST ANY QUESTIONS AT ALL. IT WOULD BE TO STUFF AND THEN IF I JUST HAVE A FEW YOU HAVE A QUESTION ABOUT ANY OF THAT. WELL, NO NO, SO THERE WAS AN INSINUATION THAT YOUR BIAS AND YOU HAVE A INCENTIVE TO GET THIS APPROVED SIMILARLY HE HAS A BIAS. HE'S REPRESENTING LITIGANT ADVERSE TO THEM IN LITIGATION. SO THERE'S BIASES EVERYWHERE.

WHAT I HAVE TO ASK YOU IS I'M ASSUMING YOU'RE NOT BIAS IS WHETHER YOU AS A CITY ATTORNEY AGREE THAT WE HAVE SOME TYPE OF JURISDICTIONAL ISSUE HERE OR ANY OTHER ISSUE ABOUT REVIEWING AND MAKING A DECISION ON THIS PROJECT EVEN IF IT'S FAVORABLE SO WE HAVE TO DEFER TO YOU AS A CITY ATTORNEY WHAT WE CAN AND CAN'T DO OKAY, CAN I CLARIFY THAT YOU ALWAYS HAVE THE RIGHT TO ASK FOR INDEPENDENT COUNSEL IF YOU WANT IT? ALL RIGHT WELL, GO AHEAD.

SO THE THE WHAT THE APPLICATION THAT'S BEFORE YOU IS A REQUEST UNDER THE GU DISTRICT REGULATIONS TO APPROVE A PRIVATE USE ON CITY PROPERTY THE CODE REQUIRES THAT ANY SUCH USE FIRST BE REVIEWED AND THAT THE PLANNING BOARD MAKE A RECOMMENDATION BEFORE IT IS ULTIMATELY APPROVED BY THE CITY COMMISSION THE GEODISTRICT REGULATIONS ALSO SAY THAT NO GU PROPERTY MAY BE USED IN A MANNER AND CONSISTENT WITH THE COMP PLAN WHICH IS WHY WE'VE RECOMMENDED TO YOU IF YOU DO TRANSMIT THIS TODAY THAT YOU INCLUDE A RECOMMENDATION THAT THE PLANNING BOARD THAT THE CITY COMMISSION AMEND THE FUTURE LAND USE CATEGORY FOR THIS PROPERTY FROM FROM OUR OS TO PRESUMABLY PF

[01:20:01]

FANTASTIC OKAY, SO I'M NOT SURE WHO WILL TAKE A STAB AT THIS. I'LL JUST ASK IT SO THE RFP WAS AWARDED IN 2023 AND THE FIRST PUBLIC PRESENTATION OF A DEMOLITION AND NEW CONSTRUCTION CONCEPT WAS NOVEMBER 2025 THIS NEW CONSTRUCTION PROPOSAL WAS NOT INCLUDED IN THE RFP SUBMISSION, CORRECT? I THINK UNLESS DEBBIE UNLESS YOU FEEL COMFORTABLE ANSWERING THAT I THINK THAT IT REALLY IS MORE OF A QUESTION FOR THE APPLICANT EITHER THE PRIVATE APPLICATION TEAM OR IF ANYONE FROM THE ADMINISTRATION IS HERE WITH THE APPLICANT TEAM BUT I THINK THOSE QUESTIONS ARE BEST DIRECTED TO THE APPLICANT RATHER THAN STAFF TO THE BOARD I THINK THAT THE UNDERLYING ASSUMPTION ON THAT IS THAT THE UNDERLYING STAFF OR THE STAFF DIDN'T TAKE INTO CONSIDERATION THE RFP AND MAKING A ZONING RECOMMENDATION OKAY OKAY, SO THE APPLICATION THAT'S BEFORE US TODAY IS LIMITED TO A VERY NARROW QUESTION REGARDING THE PRIVATE USES PROPOSED FOR THE GU PROPERTY STAFF EVALUATED THAT STAFF HAS NOT PERFORMED AN ENTIRE EVALUATION OF AN RFP THAT OCCURRED THREE YEARS AGO, ETC SO WE HAVE EVALUATED THE REQUEST WHICH AGAIN IS A

[01:25:02]

SO THERE WERE JUST TO BE CLEAR THERE WAS NO ANALYSIS AS TO WHETHER THE EXISTING OR THIS NEW CONSTRUCTION PLAN SUBSTANTIALLY CONFORMS TO THE CONCEPTUAL DESIGNS SUBMITTED WITH THE RFP THAT IS THAT WAS NOT PART OF THE APPLICATION.

SO STAFF DID NOT PERFORM THAT EVALUATION. OKAY SO JUST TO BE CLEAR ON THAT ISSUE STAFF IS RECOMMENDING THAT THE BOARD APPROVED THIS. NO, NO, SIR STAFF IS RECOMMENDING THAT THE BOARD ISSUE A RECOMMENDATION TO THE MAYOR AND CITY COMMISSION OF A FAVORABLE RECOMMENDATION NOT THAT YOU APPROVE ANYTHING TODAY STAFF IS RECOMMENDING THAT THE BOARD RECOMMENDS FOR THE COMMISSION'S APPROVAL THIS PROJECT WHERE THERE'S BEEN NO ANALYSIS AS TO WHETHER THE PROJECT SUBSTANTIALLY CONFORMS WITH WHAT WE CAN TATTER THE UNDERLYING LDRS WHICH IS THE RFP AND THE RESOLUTION? THE LAND DEVELOPMENT REGULATIONS ARE SEPARATE AND APART FROM ANY RESOLUTION OR AGREEMENT AS THE CITY AS THE OWNER OF THE PROPERTY THE LAND DEVELOPMENT REGULATIONS ARE CONTAINED IN THE RESILIENCY CODE AND CITY STAFF HAS PERFORMED A THOROUGH ZONING ANALYSIS OF THAT AGAIN THAT IS BEFORE THE DESIGN REVIEW BOARD IN TERMS OF THE DETAILED PLANS THE DESIGN REVIEW BOARD IS TASKED WITH REVIEWING THE DESIGN REVIEWING ANY VARIANCES FROM THE ZONING REGULATIONS THAT MAY BE REQUESTED AND THE PHYSICAL, YOU KNOW THE DEMOLITION THE PHYSICAL BUILT ENVIRONMENT THAT IS CURRENTLY BEING PROPOSED SO THAT IS SEPARATE AND APART FROM THE TASK OF THE PLANNING BOARD TODAY BUT NONETHELESS OCCURRING IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAND DEVELOPMENT REGULATIONS DURING AS THE AS STAFF CONDUCTED AN ANALYSIS AS TO WHETHER THE 72 PARKING SPACES WILL BE AVAILABLE DURING CONSTRUCTION OF THIS NEW PROJECT AGAIN, THAT IS PART OF AN AGREEMENT WITH THE CITY AS THE OWNER THE PLANNING DEPARTMENT IS NOT ACTING AS THE OWNER BUT MY QUESTION WAS HAVE YOU ANALYZED WHETHER THOSE SPOTS WILL BE OR WILL NOT BE AVAILABLE DURING CONSTRUCTION AGAIN THAT IS PART OF A AGREEMENT BETWEEN THE OWNER OF THE PROPERTY AND THE APPLICANT SO MAYBE THE APPLICANT COULD COULD SPEAK TO THAT IN TERMS OF THEIR NEGOTIATIONS WITH THE CITY AS THE PROPERTY OWNER THE PLANNING DEPARTMENT, WHICH IS THE DEPARTMENT I WORK FOR IS A REGULATORY AGENCY SO I AM TO PROVIDE AN INDEPENDENT EVALUATION OF THE SPECIFIC APPLICATION THAT IS BEFORE YOU TODAY, WHICH IS VERY LIMITED IN SCOPE BUT THE THE APPLICATOR IS NOT PROVIDED AN AFFIRMATIVE REPRESENTATION THAT THOSE 72 SPOTS WILL BE AVAILABLE DURING CONSTRUCTION I WOULD PERHAPS I WOULD SUGGEST YOU ASK THE APPLICANT APPLICANT IS TAKING NOTES OF WHAT YOU'RE ASKING AND HE CAN ADDRESS WHAT HE CAN.

OKAY, AND SINCE THE STAFF HAS NOT CONSIDERED THE RFP OR THE RESOLUTION AS PART OF ITS ANALYSIS YOU HAVE NOT PROVIDED THAT TO THE BOARD FOR REVIEW. IS THAT CORRECT? CORRECT. THAT WASN'T PART OF THE APPLICATION. OKAY, SO THE THE THERE'S NO WAY BECAUSE EVIDENCE HAS NOT BEEN PRESENTED TO THIS BOARD FOR THEM TO DETERMINE WHETHER THIS PROJECT IS INDEED IN SUBSTANTIAL CONFORMITY WITH THE UNDERLYING RESOLUTION BY THE CITY THAT'S NOT THE TASK AT HAND TODAY THE APPLICATION IS SPECIFIC TO THE PROPOSED USES NOT WHETHER THERE ARE PAINTINGS TO BE REDONE OR ANY OF THAT. I MEAN THAT'S NOT APPROPRIATE TO BRING BEFORE THIS BOARD WELL, THANK YOU. THAT'S MY QUESTIONS.

BUT I JUST WANT TO MAKE IT

[01:30:01]

THANK YOU GOOD MORNING, MR. CHAIR MEMBERS OF THE BOARD.

THANK YOU. MY NAME IS ANDREW DICKMAN DICKMAN LAW FIRM WE'RE AT 809 WALKERVILLE ROAD IN NAPLES, FLORIDA. I REPRESENT ERICA SOTO. WHO'S AT 300 SOUTH POINT DRIVE THE PORTOFINO SHE'S HERE WITH ME SPEAKING LATER. I HAD THIS ORGANIZED SO THAT I COULD GET THROUGH THIS VERY QUICKLY BUT MR. LARKIN HAS PUT SOME ALLEGATIONS OUT THERE THAT I WANT TO COVER AS WELL SO I'M GONNA TAKE CARE OF THAT FIRST FIRST AND FOREMOST YES ON OBVIOUSLY JANUARY 6 I HAVE A STAMPED LOBBYIST REGISTRATION FROM DAVID MARQUEZ. THEY'VE CASHED MY CHECK FOR $850 I DON'T KNOW IF HE'S IF MR. LARKIN TOOK THE TIME TO GO DOWN AND TALK TO THEM OR NOT BUT I IN FACT AM A LOBBYIST AND WE CAN GET THE CLERK UP HERE IF WE HAVE TO BUT I HAVE REGISTERED AND I HAVE PROOF OF THAT WITH REGARD TO THE QUESTIONING ABOUT THE RELEVANCY OF THE LAND DEVELOPMENT REGULATIONS AND THE COMPREHENSIVE PLAN. I WANT TO POINT OUT I WANT TO POINT OUT SOMETHING THAT WHAT WHAT IN MR. CHAIR, YOU MADE A GREAT? YOU HAD A GREAT QUESTION IF THERE IS AN ADVERSE DECISION BY THE COURTS WHAT WOULD THE RESULT BE? WELL THE RESULT ONE OF THE RESULTS WOULD BE THAT THIS CONCESSION AGREEMENT IS ACTUALLY A LEASE OF PUBLIC PROPERTY AND YOU'VE EVEN HEARD MR. LARKIN SAY OUR PROPERTY.

HE REFERRED TO IT AS OUR PROPERTY AND ALL OF THEIR DESIGNS WHICH ARE STILL THE SAME DESIGNS THAT THE DRB? WAS SHOWN THEY SAY PURE PARK ON THEM.

BUT WHY IS THAT IMPORTANT? IT'S BECAUSE IN YOUR CODE IT HAS IT DOES SAY THAT THE PLANNING BOARD HAS REVIEW AUTHORITY OVER CONVEYANCES LEASE AND OTHER THINGS OF PUBLIC PROPERTY AND THAT THERE'S A LIST OF SEVEN CRITERIA THAT YOU HAVE TO GO THROUGH AND EVALUATE AND ONE OF THEM IS IRONICALLY CONSISTENCY WITH A COMPREHENSIVE PLAN. SO ONE OF THE THINGS THAT AS THE LOCAL PLANNING AGENCY BY LAW, THAT'S WHAT YOU ARE YOU SHOULD BE ASKING THE STAFF OKAY, LET'S SEE THIS SMALL-SCALE AMENDMENT.

THAT'S WHAT WE NEED TO SEE IF THIS WAS A PRIVATE DEVELOPMENT YOU WOULD ABSOLUTELY BE SAYING HEY, WE NEED TO SEE A COMPANION ITEM. SO WE KNOW WHAT WE'RE DEALING WITH WHAT WE'RE TALKING ABOUT STAFF DIDN'T EVEN MENTION THE SMALL-SCALE AMENDMENT. THAT'S THE FIRST TIME WE'VE EVEN HEARD ABOUT HOW THEY'RE GONNA HANDLE IT IT WAS BEING POISED AS A TEXT AMENDMENT. NOT A MAP AMENDMENT SO WHEN YOU'RE DEALING WITH THAT KIND OF A POLICY IMPLICATION OF A NEIGHBORHOOD PARK, AND IT IS A NEIGHBORHOOD PARK IT IS LISTED AS PURE PARK.

IT'S CITY PROPERTY IF IN FACT THAT IS UNDER YOUR JURISDICTION THE CONVEYANCE OF THIS AND IT'S ALSO UNDER THE JURISDICTION OF THE CITY AND COUNTY CHARTERS RELATED TO PARKS THERE ARE BIG IMPLICATIONS NOT ONLY FOR THIS BOARD TO HAVE TO REVIEW IT, BUT THERE'S ALSO GOING TO BE A REQUIREMENT FOR ADDITIONAL PUBLIC ENGAGEMENT AND THAT HAS BEEN THE PROBLEM HERE IS THAT THIS ISN'T A PRIVATE DEVELOPMENT.

THIS IS A THIS IS A PUBLIC DEVELOPMENT ON PUBLIC LANDS AND IT NEEDS TO HAVE GREATER PUBLIC ENGAGEMENT BECAUSE AS YOU HEARD BEFORE, YOU KNOW, WHAT WAS PRESENTED TO THE CITY COMMISSION IS ENTIRELY DIFFERENT THAN WHAT IS BEING PRESENTED NOW AT THE DRB AND I DO WANT TO MENTION MEMBER MARKS, THANK YOU FOR YOUR TEXT MESSAGE AND THANK YOU FOR ALL THE DISCLOSURES BECAUSE THAT THAT'S VERY IMPORTANT TO THIS PROCESS AND JUST TO HELP YOU YOU DID MENTION THAT YOU WATCH THE DRB MEETING SO I WANT TO MAKE SURE THAT THAT'S ON THE RECORD. YOU TEXTED ME THAT YOU WATCH IT. IS THAT NOT ALLOWED? NO, IT IS ALLOWED, BUT IT'S IMPORTANT. NO, YOU KNOW, IT'S IMPORTANT THAT YOU DISCLOSE IT. SO NO ONE FEELS PREJUDICED SO I APPRECIATE YOU DOING I JUST DIDN'T HEAR YOU MENTION THAT BUT THANK YOU VERY MUCH THESE DISCLOSURES. MR ATTORNEY ARE VERY IMPORTANT.

YOU CAN'T JUST STAY SILENT.

THEY HAVE TO DISCLOSE OTHERWISE WE'RE PREJUDICED ABOUT WHAT IT WHAT KINDS OF THINGS THEY DID SO WHAT I DON'T WANT TO GET TOO DEEP INTO THIS BUT IN EFFECT TO ANSWER YOUR QUESTION IF IN

[01:35:01]

BASICALLY WHAT YOU'RE TALKING ABOUT IS A A TRIPLING OF SEATS AND WHAT THAT MEANS IS CARS AND PEOPLE IN A NEIGHBORHOOD PARK. THIS IS A MASSIVE MASSIVE CHANGE OF THAT AREA AND YOU'RE GOING TO HEAR FROM A LOT OF PEOPLE THAT ARE GOING TO TELL YOU ABOUT TRAFFIC AND NOISE AND ALL OF THAT HAS TO DO WITH LARGE SCALE ESTABLISHMENTS WHEN YOU THINK ABOUT IT JOE STONE CRAB, I THINK THAT'S AROUND 500 SEATS. YOU'VE GOT SMITH AND WALENSKY MAYBE 600 SEATS I BELIEVE THAT THIS PROPOSAL WITH ALL OF THOSE COMMERCIAL PROPOSALS ARE UPWARDS OF 900 SEATS. THAT IS SIGNIFICANT.

THAT IS MASSIVE IT EQUALS CARS.

IT EQUALS LIQUOR SALES. IT EQUALS NOISE AND YOU TALKED ABOUT LIKE THE THE PARKING THE PARKING OH, YEAH, WE DON'T WANT PEOPLE ON OUR PARKING SO THAT WE'RE GOING TO PATROL THAT THAT'S OUR PROPERTY THAT SOUNDS A LOT LIKE A LEASE NOT A CONCESSION AGREEMENT.

OKAY, SO I WOULD REALLY TAKE HOMAGE TO THAT AND WHEN YOU TALK ABOUT IF YOU HAD A CHANCE TO LOOK AT THE DRB MEETING THEY CLEARLY SAID WE NEED TO SEE A DIFFERENT DESIGN.

WE'RE NOT THIS DOESN'T LOOK RIGHT. IT DOESN'T YOU KNOW WE DON'T KNOW ANYTHING ABOUT ANY ANY ANYTHING ELSE THAT'S BEEN HAS ANYTHING BEEN REDUCED HAVE HAVE ANY USES CHANGED? I WOULD THINK THE PLANNING DEPARTMENT WOULD WANT TO TELL YOU ABOUT BECAUSE THAT'S WHAT YOU'RE LOOKING AT USES HAVE ANY OF THE USES SHRUNK HAVE ANY OF THEM BEEN ELIMINATED? WE HAVEN'T HEARD ANYTHING ABOUT THAT OKAY. NO YOU KNOW, I WILL SAY MR. LARKIN. I DID CALL MR. LARKIN AND ASK HIM BECAUSE I GOT HIRED RIGHT BEFORE THE THE THE JANUARY 6 MEETING I BELIEVE IT WAS AND I ASKED AND TOLD HIM I SAID LOOK I'M TRYING TO GET UP TO SPEED ON THIS. HE SAID NO NO DEFERRAL WHATEVER HE ACTUALLY HAD THE ABILITY TO KNOW THAT THE MEETING WAS GOING TO BE CANCELED BECAUSE HE DID THEY THEY WEREN'T EVEN HERE THE REST OF US WERE IN THE AUDIENCE WAITING FOR 30 40 MINUTES UNTIL WE'RE FINALLY TOLD THAT YOU GUYS WEREN'T HAVING A MEETING AND I DROVE ALL THE WAY OVER FROM NAPLES SO, YOU KNOW FOR HIM TO BE A LITTLE ANNOYED THAT I DIDN'T GIVE HIM A COPY OF THE LETTER THAT I SENT TO YOU I KNEW HE THEY WOULD THE STAFF WOULD SEND HIM A COPY. I DON'T HAVE AN OBLIGATION TO SEND HIM A COPY OF THE LETTER A COPY OF THE LETTER AND I DO KNOW MICHAEL LARKIN. HE KNOWS ME. WE'RE WE'RE FRIENDS. I LIKE HIM A LOT UM, JUST TO WRAP THIS UP, I WANT YOU TO PLEASE LISTEN CAREFULLY TO THE THE NEIGHBORS THE NEIGHBORS AND WITH NO OFFENSE TO YOU.

MR. MARKS. I KNOW YOU'RE INVOLVED WITH THE UH, SOPHNA OR SOMETHING LIKE THAT. I SAW THE RESOLUTION WITH YOUR NAME ON IT UM, I DON'T THINK YOU SPEAK FOR EVERYBODY IN THAT NEIGHBORHOOD. I I DID NOT SIGN.

WELL YOUR NAME'S ON IT WELL, DECEMBER 9TH, THERE'S A RESOLUTION WITH YOUR NAME ON IT. THAT WAS A MISTAKE BY THE VP OKAY, LET'S MAKE SURE THAT THAT RECORD IS CORRECT. HIS NAME SHOULD NOT BE ON THAT CORRECT SO IN CONCLUSION I THINK YOU SHOULD STOP THIS RIGHT NOW ASK STAFF ABOUT THE SMALL SCALE AMENDMENT BECAUSE YOU ARE THE LPA AND ALSO I WOULD WHAT'S THE HARM IN DOING THE EVALUATION THAT'S REQUIRED OF YOU WHEN THERE IS A CONVEYANCE OF PUBLIC PROPERTY AND GET ALL THAT STUFF WRAPPED UP SO THERE AREN'T ANY QUESTIONS AND IT SHOWS THE COMMUNITY THAT YOU'RE BEING TRANSPARENT AND YOU'RE TAKING THE EXTRA MILE THERE'S NO RUSH TO FINISH THIS PUT IT ON THE

[01:40:01]

AND UM, I WOULD LIKE FOR YOU TO HAVE SOME HAVE A CONVERSATION WITH MY CLIENT.

SHE'S A RESIDENT. THANK YOU.

THANK YOU THREE MINUTES. HI, GOOD MORNING MY NAME IS ERICA.

SOTO. I AM THE FOUNDER OF THE SOUTH 5TH MOMS ORGANIZATION WHERE WE HAVE OVER A THOUSAND ACTIVE SUBSCRIBERS I'M A FULL-TIME RESIDENT IN SOUTH 5TH FOR OVER SIX YEARS. I'M A COMMUNITY BUILDER AND I'M VERY DISAPPOINTED ON WHAT'S BEING PROPOSED IN OUR LOCAL LAND WHAT IS BEING PROPOSED IS NOT WHAT WE EXPECTED WHAT WAS SUPPOSED TO WHAT ONE APPROVAL WAS SUPPOSED TO BE A SMALL MODEST RENOVATION AND NOW IT'S BEING PROPOSED THIS SUPER LARGE PROJECT BASED ON THE PROPOSAL THAT WON THE PUBLIC COMPETITION. WE'RE EXPECTING A HISTORIC BUILDING TO BE PRESERVED THE EXISTING FOOTPRINT TO REMAIN AND SCALE TO RESPECT THE SOUTH OF HIS NEIGHBORS INSTEAD OF NOW WE'RE FACING THAT TOTAL DEMOLITION STRUCTURE THAT IS MUCH LARGER AND HEIGHTS THAT ARE OUT OF CHARACTER FOR THIS AREA. WE LIVE HERE IN SOUTH OF IT WE'RE RESIDENTS OF THE COMMUNITY. WE'RE NOT JUST A DESTINATION PROJECT OF THIS SIZE AND INTENSITY WILL AFFECT OUR DAILY QUALITY OF LIFE FROM NOISE CONGESTION ACCESS TO THE BEACH WE'RE ALREADY STRUGGLING WITH TRAFFIC AND PARKING IN THIS AREA AND THE ORIGINAL PROPOSAL INDICATING THAT PARKING WILL BE REMAIN OPEN IS NOT UNDER THE NEW PLAN WE'RE TOLD THAT CONSTRUCTION IS GOING TO TAKE ABOUT 13 MONTHS AND THAT TIMELINE MAKES SENSE FOR RENOVATION, BUT NOT SOMETHING OF THIS SCALE REALISTICALLY, WE'RE LOOKING AT YEARS OF CONSTRUCTION DISRUPTION CONJECTION THIS PART BELONGS TO US IF A PRIVATE OPERATOR WANTS TO PURSUE A PROJECT THAT IS MATERIALLY DIFFERENT TO THE PROPOSED APPROVAL IT SHOULD RETURN TO THE PUBLIC THROUGH A FAIR PROCESS RATHER THAN MOVE FORWARD THROUGH AN ADMINISTRATIVE APPROVALS AT MINIMUM WE ARE ASKING THAT THIS PROJECT BE PAUSED SO THE CITY CAN FULLY REVIEW WHETHER IT ALIGNS WITH WHAT IS PROMISED AND WHAT IF THE COMMUNITY WANTS WE WE DESERVE A MEANINGFUL VOICE AND WE APPRECIATE YOUR TIME. THANK YOU. THANK YOU ANYBODY ELSE IN CHAMBERS SPEAK ON THIS GOOD MORNING MY NAME IS GERALD I LIVE SOUTH OF IF AND UM, I REVIEW THIS APPLICATION AND I URGE THE BOARD TO APPROVE IT. I THINK IT'S A MEANINGFUL IMPROVEMENT OF WHAT IS EXISTING? AND THAT'S WEIRD. THANK YOU.

THANK YOU JUST ANYONE SPEAKING JUST INTRODUCE YOURSELF AND WHERE YOU LIVE GOOD MORNING.

I'M BRUCE TAYLOR. I'M A RESIDENT OF MIAMI BEACH I JUST HAVE A PREPARED STATEMENT.

IT'S ABOUT TWO MINUTES LONG, PLEASE UH, DEAR MEMBERS OF THE PLANNING DEPARTMENT I'M SPEAKING AS A RESIDENT OF MIAMI BEACH TO EXPRESS MY STRONG SUPPORT FOR THE PROPOSED REDEVELOPMENT OF THE FORMER MICKEY BEACH LOCATION IN THE SOUTH OF FIFTH NEIGHBORHOOD BOB BOUCHER BROTHERS A MAJOR FOOD GROUP INTO A LUXURY BEACH CLUB WITH PUBLIC ACCESS AS A MEMBER OF THIS COMMUNITY, I BELIEVE THIS PROJECT REPRESENTS A SIGNIFICANT UPGRADE FROM THE PREVIOUS USE IT WILL PROVIDE SUBSTANTIAL BENEFITS TO BOTH RESIDENTS AND VISITORS OF MIAMI BEACH MAJOR FOOD GROUP HAS ESTABLISHED AN EXCEPTIONAL REPUTATION FOR CREATING AND OPERATING WORLD-CLASS HOSPITALITY VENUES AND I'M CONFIDENT THEY WILL BRING THE SAME LEVEL OF QUALITY AND PROFESSIONALISM TO THIS BEACHFRONT LOCATION MOST IMPORTANTLY, I WANT TO EMPHASIZE MY STRONG SUPPORT FOR THE PROJECT'S COMMITMENT TO MAINTAINING PUBLIC BEACH ACCESS IN AN AREA AS DESIRABLE AS SOUTH OF FIFTH ENSURING THAT OUR BEACHES REMAIN ACCESSIBLE TO ALL MEMBERS OF THE COMMUNITY IS PARAMOUNT THIS PROJECT DEMONSTRATES A BALANCED APPROACH THAT ALLOWS FOR QUALITY DEVELOPMENT WHILE PRESERVING THE PUBLIC'S RIGHT TO ENJOY OUR BEAUTIFUL COASTLINE THE PROPOSED LUXURY BEACH CLUB WILL PROVIDE QUALITY AND AMENITIES THAT WILL ENHANCE THE EXPERIENCE FOR BOTH MIAMI BEACH RESIDENTS AND VISITORS SUCH FACILITIES CONTRIBUTE TO OUR CITY'S REPUTATION AS A PREMIER DESTINATION WHILE SERVING THE NEEDS OF OUR LOCAL COMMUNITY THE UPGRADE FROM THE PREVIOUS ESTABLISHMENT WILL ELEVATE THE SOUTH OF HIT NEIGHBORHOOD AND CONTINUE

[01:45:02]

THANK YOU THANK YOU, MR. TAYLOR NEXT GOOD MORNING GOOD MORNING. I SEE A LOT OF FAMILIAR FACES. THANK YOU FOR YOUR SERVICE MY NAME IS BRETT BENZA I'VE LIVED IN MIAMI BEACH FOR THE LAST 20 YEARS I CURRENTLY RESIDE AT 650 WEST AVENUE WHERE I'M THE PRESIDENT OF THE BOARD OF A 334 UNIT CONDOMINIUM BUT I'M HERE TODAY IN A CAPACITY AS A LOCAL A VERY COLD LOCAL I EAT SLEEP AND I WORK IN MIAMI BEACH. I'M HERE BECAUSE I WANT MIAMI BEACH TO BE WHAT IT WAS 20 YEARS AGO A VIBRANT ELECTRIC ELECTRIC COMMUNITY OF MIX OF INTERESTING PEOPLE FROM EVERYWHERE IN THE WORLD WITH SPACES THAT WERE GLOBALLY KNOWN LIKE THE ART DECO DISTRICT IN LINCOLN ROAD LADIES AND GENTLEMEN, MIAMI BEACH HAS LOST HIS MOJO.

THAT'S NOT A SECRET WE NEED WORLD-CLASS PROJECTS LIKE NICKY BEACH SITE TO BRING THE LUSTER BACK I HAVE HEARD A FEW OBJECTIONS TODAY, BUT NOBODY HAS MENTIONED THE FAILED BUSINESS THAT IS THERE TODAY THE PROPERTY HAS BEEN UNDERSERVING THE LOCAL COMMUNITY FOR YEARS. AND IN FACT MANY OF US HAVEN'T BEEN THERE IN A VERY LONG TIME AND I'M BETTING THAT INCLUDES MANY OF YOU THAT LIVE ACROSS THE STREET THAT SAID WE DO NEED LOCAL INPUT TO MAKE SURE IT SERVES THE LOCAL COMMUNITY AND NOT JUST THE VISITORS THERE IS NO VENDOR THAT IS MORE LOCAL THAN THE BOUCHER BROTHERS THEY HAVE BEEN OUTSTANDING PARTNERS WITH THE CITY FOR MORE THAN 30 YEARS. YOU KNOW THIS ALREADY WE HAVE ALL SEEN THEM SERVE THE CITY AND THEIR CLIENTS WITH THE UTMOST PROFESSIONALISM AND QUALITY. I TRUST THEIR CHOICE OF PARTNERS WHO ALL HAVE SHOWN A LONG HISTORY OF EXCELLENCE IN THEIR VARIOUS FIELDS? I HAVE KNOWN THE ENTIRE FAMILY FOR A VERY LONG TIME. THEY LIVE HERE. THEY GROW UP HERE THEIR FAMILIES ARE GROWING UP HERE.

THEY ARE LITERALLY THE HOME TEAM AND WHILE THIS MAY JUST BE ANOTHER PROJECT TO THE PLANNING BOARD IT'S THEIR FAMILY'S LEGACY WHATEVER CONCERNS LOCALS HAVE I CAN ASSURE YOU THERE IS NO BETTER GROUP TO HEAR THEM ADDRESS THEM AND WORK WITH THEM THEY HAVE A 30-YEAR TRACK RECORD TO SHOW THIS THIS PROJECT IS A BIG STEP IN HELPING MIAMI BEACH GET BACK GET THE LUSTER BACK AND I AND MANY OTHERS ARE EXCITED TO USE AND SUPPORT THIS SPACE AND YOU CAN BET THERE ARE MANY OF US LOCALS ROOTING FOR THE HOME TEAM. THANK YOU THANK YOU HELLO, HI MY NAME IS NATHALIE LASCANO AND I HAVE BEEN A MIAMI BEACH RESIDENT FOR OVER 17 YEARS I LIVE IN SOUTH A FIFTH AT PORTOFINO TOWERS, WHICH FROM MY BALCONY I CAN SEE NICKY BEACH UM I TAKE ISSUES WITH THE EFFECT THIS PROJECT OF THIS MAGNITUDE IS GOING TO HAVE ON OUR DAILY LIVES WITH TRAFFIC CONGESTION, UM AND JUST CONSTRUCTION TWO YEARS WHICH THEY SAY TWO YEARS. I FEEL LIKE CONSTRUCTION IN MIAMI ESPECIALLY YOU HAVE TO ADD AT LEAST DOUBLE THE TIME AND I JUST DON'T THINK IT'S GOING TO HAPPEN IN TWO YEARS AND TWO YEARS IS A LONG TIME TO TO GO THROUGH THAT CONSTRUCTION.

UM, UNLIKE MY PREVIOUS MY OTHER THE NEIGHBOR THAT JUST SPOKE EARLIER I HAVE SEEN SINCE I'VE HAD MY DAUGHTER SEVEN YEARS AGO I'VE SEEN A LOT OF CHANGES IN THE SOUTH OF HIS NEIGHBORHOOD, BUT I SEE THEM AS POSITIVE CHANGES UM THE NEIGHBORHOOD WENT FROM LIKE A PARTY DESTINATION AND NOW I SEE A LOT OF YOUNG FAMILIES WITH YOUNG KIDS THERE AND I I LOVE IT. I LOVE IT. IT'S QUIET.

WE WALK THE BOARDWALK EVERY SINGLE MORNING WITH MY DAUGHTER UM, AND I GET TO ENJOY THE OCEAN VIEWS IT'S JUST THE REASON WHY I HAVEN'T MOVED OUT OF THE BEACH IN 17 YEARS IS BECAUSE OF SOUTH POINT PARK IN THAT BOARDWALK I JUST THINK IT'S STUNNING AND IT JUST BRINGS JOY TO ME AND I JUST WOULDN'T WANT UM THE INTEGRITY OF THAT NEIGHBORHOOD TO BE TARNISHED WITH SUCH A BIG PROJECT AND UM I'M ASKING THE BOARD TO RECONSIDER THE CHANGES AND MAYBE TO HEAR FROM THE RESIDENTS. UM, WHAT IS IT THAT THE LOCALS WANT? UM, THANK YOU FOR YOUR TIME, THANK YOU HI, MY NAME IS ANDREW MARMELLI I'M A MIAMI BEACH RESIDENT FOR OVER 50 YEARS I LIVE SOUTH OF FIFTH. I OWN FIVE UNITS TWO AT THE YACHT THREE AT THE YACHT CLUB AND TWO AT PORTOFINO TOWER 201 708 AND 710 AT THE YACHT CLUB AND 1901 AND 1902

[01:50:01]

THANK YOU SIR I'LL THANK YOU FOR YOUR SERVICE. MY NAME IS GABRIEL KRIEGER. I LIVE AT 2201 COLLINS AVENUE I WOULD JUST LIKE TO CONFIRM MY SUPPORT FOR THE PROJECT UM WHAT I LOVE MOST ABOUT AS YOU CAN PROBABLY TELL FROM THE ACCENT I'M NOT ORIGINALLY FROM HERE WHAT I LOVE MOST ABOUT MIAMI BEACH IS ITS ACCESSIBILITY ITS WORLD-CLASS VENUES AND ITS LIFESTYLE. I THINK THIS PROJECT SUPPORTS THAT IN ABSOLUTE COMPLIANCE AND TOTALITY THIS IS A PLACE WHERE I LOOK FORWARD TO TAKING MY ELDERLY PARENTS WHEN THEY COME VISIT ME AND ALSO MY NIECE AND NEPHEW I TRUST THE OPERATORS BECAUSE OF THEIR REPUTATION AND WHAT THEY'VE ACCOMPLISHED AND WHAT THEY DO AND I TRUST THE WORDS THEY SAY BECAUSE OF HOW WELL THEY OPERATE UM, AND I TRUST THAT EVERYTHING THAT THEY'VE SHOWED US WILL BE IN COMPLIANCE WITH YOU KNOW, THE LAWS AND REGULATIONS THAT YOU STIPULATE ON THEM UM, THAT'S ALL I'D LIKE TO ADD.

THANK YOU THANK YOU ANYBODY ELSE MA'AM? UM, GOOD MORNING EVERYONE, MY NAME IS SONIA VELASQUEZ I'M A HOMEOWNER. I'M A HOMEOWNER AND I LIVE IN SOUTH FIFTH UH, LET ME BE CLEAR FROM THE START WE RECOGNIZE THAT CHANGE IS COMING TO THIS SITE AND WE UNDERSTAND WHY THE FACILITY NEEDED ATTENTION AND WE'VE SEEN WHAT THE BUTCHER BROTHERS AND MAYOR FOOD GROUP HAVE ACCOMPLISHED WITH THEIR PROJECTS WE ACKNOWLEDGE THEIR STRONG REPUTATION AND TRACK RECORD BUT THIS CONVERSATION ISN'T ABOUT WHETHER WE WANT IMPROVEMENT. WE DON'T WANT IT IT'S ABOUT WHETHER WE DESERVE AN HONEST AND TRANSPARENT PROCESS WHEN OUR PUBLIC LAND IS BEING REDEVELOPED WHAT WE WERE TOLD VERSUS WHAT WE ARE GETTING IN 2003 THE CITY COMMISSION APPROVED WELL, AS YOU HEARD BEFORE NOW, WE ARE FACING SOME MAJOR CHANGES UM, THAT'S WHY WHAT'S NOW BEFORE THE PLANNING BOARD IS FUNDAMENTALLY DIFFERENT AND WE WENT THROUGH THAT WITH MY FRIENDS HERE THIS IS ABOUT FAIR PROCESS SOME MIGHT CHARACTERIZE OUR CONCERN AS RESISTANCE TO PROGRESS. THAT'S NOT WHAT IT IS. WE WANT PROGRESS. WE'RE NOT ASKING YOU TO REJECT THIS PROJECT WE'RE ASKING YOU TO ACKNOWLEDGE THAT WHEN A PROPOSAL CHANGES THIS SUBSTANTIALLY IT DESERVES TO RETURN TO THE PUBLIC FOR PROPER REVIEW WHAT THE PROJECT OFFERS LET ME BE CLEAR ABOUT WHAT WE UNDERSTAND THIS PROJECT INCLUDES UPSCALING DINING CONCEPTS FROM MAYOR FOOD GROUP QUALITY RESTAURANT.

THERE ARE A SIGNIFICANT UPGRADE IN TERMS OF TYPE OF DESTINATION BEING CREATED NEW POOL WELLNESS CENTER AND RETAIL PAVILION SIGNIFICANT REVENUE FOR THE CITY JOBS AND ECONOMIC ACTIVITY FROM WELL-ESTABLISHED WELL REGARDED OPERATOR. WE CAN SEE THE POTENTIAL BENEFITS HERE THE BUTCHER BROTHERS HAVE BEEN PROVIDING BEACH SERVICES IN MIAMI BEACH FOR OVER THREE DECADES MAYOR FOOD GROUPS HAS CREATED SUCCESSFUL WELL-RUN ESTABLISHMENTS. WE ADMIRE THAT SO WE CANNOT HAVE SAID IT'S A PROCESS WHERE A MODEST RENOVATION BECOMES TOTAL DEMOLITION FROM ITS PARKING AVAILABILITY DISAPPEARS REALISTIC CONSTRUCTION TIMELINES AREN'T CLEARLY COMMUNICATED QUESTIONS REMAIN ABOUT WHETHER PROPER PROCEDURES WERE FOLLOWED THIS IS ABOUT OPPOSED THIS IS NOT ABOUT OPPOSING DEVELOPMENT.

THIS IS ABOUT MEANING MAINTAINING INTEGRITY AND HOW WE MAKE DECISIONS ABOUT PUBLIC LAND OUR REQUEST IS SIMPLE AND REASONABLE YOU'RE ASKING THE PLANNING BOARD TO PAUSE THIS APPLICATION UNTIL THE NEXT AMENDMENT TO THE COMPREHENSIVE PLAN IS COMPLETED SO WE CAN PROPERLY EVALUATE WHETHER THIS IS THIS USE IS APPROPRIATE UNDER OUR CITIES MASTER PLAN A FULL PUBLIC REVIEW PROCESS, OF COURSE THAT EVALUATES THESE PROJECTS FOR WHAT IS ACTUALLY IS A NEW CONSTRUCTION PROJECT NOT A RENOVATION REALISTIC TIMELINES THE VARIANCE VARIANCE REQUESTS ARE PROPERLY JUST JUSTIFIED NOT SIMPLY GRANTED THE BENEFITS THAT EVERYONE HERE'S WHAT'S IMPORTANT TO UNDERSTAND A PROPER PROCESS WILL LIKELY BENEFIT THE DEVELOPER, TOO IF

[01:55:01]

WE'RE MAKING A RECOMMENDATION.

SO I THAT NEEDS TO BE CLEAR NEXT GOOD AFTERNOON. MY NAME IS JONATHAN PLETZIK. I LIVE WITH MY WIFE AND SON AT 1455 OCEAN DRIVE I OWN THE BETSY HOTEL AT 1440 OCEAN DRIVE. I CHAIR THE OCEAN DRIVE ASSOCIATION WHICH IS THE BUSINESS COMMUNITY OF OCEAN DRIVE I'M ON THE BOARD OF SO BE SAFE, WHICH IS A RESIDENT ORGANIZATION THOMAS OUT THE NORTH END OF OCEAN DRIVE FOCUSED ON QUALITY OF LIFE AND PUBLIC SAFETY FOR THE LAST 20 YEARS, FRANKLY, I'VE BEEN PREOCCUPIED WITH ELEVATING OCEAN DRIVE AND WE HAVE MOVED FORWARD BUT VERY VERY SLOWLY IT'S IMPORTANT THAT WE ELEVATE OCEAN DRIVE WHILE ACTUALLY BEING WELCOMING TO ALL AND I'M GONNA REPEAT WELCOMING TO ALL ON OCEAN DRIVE SO BEING A LUXURY ENTERPRISE OR AN ELEVATED ENTERPRISE DOESN'T MEAN IT NEEDS TO BE EXCLUSIONARY IN ANY WAY FOR 20 YEARS, WE'VE EMPLOYED THE BOUCHER BROTHERS TO RUN OUR BEACH AND THAT AS SOMEONE WHO'S IN THE HOSPITALITY BUSINESS WHO HAS TO REVEL IN OR SUFFER FROM ALL THE PUBLIC SCRUTINY WE GET BECAUSE PEOPLE GET TO POST ONLINE OUR PERFORMANCE THINK ABOUT THE BOUCHER BROTHERS WHO OPERATE UP AND DOWN OCEAN DRIVE AND EVERY SINGLE PERSON WHO TAKES ADVANTAGE OF THEIR SERVICES GETS TO COMMENT ON WHETHER OR NOT THEY'RE DOING A GOOD JOB MUCH LESS THE OWNERS OF THE PROPERTIES THAT EMPLOY THEM AND YET THEY CONTINUE TO BE SUCCESSFUL WHAT I'M STRUCK BY IN HAVING CONVERSATION WITH THEM OVER TIME IS HOW ONE DEEPLY COMMITTED THEY ARE TO THE COMMUNITY IT IS EVERYTHING TO THEM HOW FAMILY-CENTRIC THEY ARE HOW FAMILY-CENTRIC THEY ARE HOW WELCOMING THEY ARE OF EVERYBODY. SO AGAIN LUXURY DOES NOT MEAN IN ANY WAY EXCLUSIONARY I WANT TO REFER QUICKLY TO MY COMMENTS ABOUT THE LESLIE EARLIER BECAUSE I WAS STRUCK BY THIS WAS A SUCCESSFUL RENOVATION AND ENTERPRISE TRYING TO BE ABLE TO SERVE PERHAPS 10 OR 15 OF THEIR GUESTS ON THE ROOF AND I SAW THE HOOPS THEY HAD TO JUMP THROUGH AGAIN TO MAKE PROGRESS. I'LL WRAP UP WE MUST MAKE PROGRESS ON OCEAN DRIVE WE HAVE IN SOME RESPECTS ABOUT SAFETY, BUT THE WORK IS SLOW AND SLOGGING IT'S WHY I SPOKE UP UNEXPECTEDLY ABOUT THE LESLIE WE ARE SIMPLY DOOMED AS A STREET AS FAMOUS AS WE ARE WE ARE DOOMED AS A STREET. WE'RE NEVER GOING TO FULFILL OUR POTENTIAL UNLESS WE MOVE FORWARD ON PROJECTS LIKE THIS THAT DESERVE I'M GONNA SAY APPROVAL. MR. CHAIRMAN, EVEN THOUGH I KNOW YOU'RE APPROVING WITHOUT THE APPROVAL OF PROJECTS LIKE THIS TO CONTINUE TO MOVE FORWARD WE'LL FIND OURSELVES BACK HERE YOU AGAIN YEARS FROM NOW HAVING ACHIEVED NOTHING. THANK YOU FOR YOUR TIME. THANK YOU GOOD MORNING. MY NAME IS LEIGH LENTZ. I'VE LIVED IN SOUTH BEACH FOR ABOUT 23 YEARS. I LIVE SOUTH OF FIFTH NOW FOR ABOUT FIVE YEARS AND I JUST CAME TO TAKE UP A LITTLE BIT OF YOUR TIME THIS MORNING BECAUSE I THINK THAT I'VE HEARD A LOT ABOUT BOUCHER BROTHERS AND HOW MUCH THEY BROUGHT TO THEIR COMMUNITY AND I'VE BEEN HERE LONG ENOUGH SO I'VE SEEN A LOT OF THAT BUT I THINK THERE'S A RIGHT WAY TO DO THINGS AND THERE'S A WRONG WAY TO DO THINGS AND IF YOU KNOW YOU HAVE AN A COMPANY THAT PRESENTED A BID FOR A PROJECT AND THAT PROJECT NOW AS PRESENTED TWO YEARS LATER IS SIGNIFICANTLY DIFFERENT THERE WERE ALSO EFFORTS TO CHARACTERIZE IT AS A CONCESSION AGREEMENT VERSUS A LEASE IN ORDER TO AVOID PUBLIC COMMENT AND PUBLIC VOTE SO IF YOU ARE PLANNING TO DO THIS PROJECT IT SHOULD HAVE BEEN PRESENTED BEFORE IF YOU WANT TO DO THIS PROJECT THEN DO THE RIGHT THINGS LOOK AT THE TEXT AMENDMENT LOOK AT ALL THE DIFFERENT THINGS HAVE IT BEFORE THIS BOARD THE WAY THAT THEY WANT TO PRESENT IT AND THEN YOU HAVE A WAY TO MAKE A CHOICE FOR ME, IT'S IF THEY DO WANT TO BRING ALL THIS TO THE COMMUNITY, THEN DON'T DO IT ALL THESE DIFFERENT WAYS PUT IT TOGETHER SHOW US WHAT YOU HAVE IF THAT WAS GOING TO BE YOUR PLAN TO DO A COMPLETE DIFFERENT OVERALL AND THAT SHOULD HAVE BEEN PRESENTED TWO YEARS AGO IF IT'S SOMETHING THAT YOU KIND OF CAME UP WITH LIKE HEY THOSE OTHER GUYS HAD A GOOD IDEA THEN IT SHOULD GO TO A DIFFERENT WAY.

BUT YOU KNOW, WE'RE NOT TRYING TO STOP PROGRESS. WE ARE TRYING TO MOVE FORWARD I LOVE THE COMMUNITY. I LOVE SOUTH BEACH.

I LIKE WE NEED TO MAKE IMPROVEMENTS IN NIKKI BEACH I AGREE. I HAVEN'T BEEN THERE AS OFTEN BUT I DON'T THINK THIS IS THE WAY

[02:00:01]

THANK YOU MATTHEW GOOD MORNING CHAIR. GOOD MORNING BOARD MEMBERS. MY NAME IS MATTHEW VOLT HANOFF. I LIVE AT 125 JEFFERSON AVENUE IT'S LESS THAN 01,000 FEET FROM THIS PROPOSED PROJECT THAT YOU ARE GIVING A RECOMMENDATION ON TODAY. I WANT TO START BY TALKING ABOUT THE THE IMPACTS USUALLY WHEN WHEN A PROJECT OF THIS SIZE WOULD COME BEFORE YOUR BOARD IN THIS NEIGHBORHOOD IT WOULD BE SO AS A NEIGHBORHOOD IMPACT ESTABLISHMENT SEEKING A CONDITIONAL USE PERMIT AND THERE WOULD BE CRITERIA THAT YOU WOULD REVIEW AND THOSE CRITERIA HELP UNDERSTAND THE IMPACT THAT THIS COULD HAVE ON THE NEIGHBORHOOD. WE'VE HEARD FROM PEOPLE WHO LIVE IN THIS NEIGHBORHOOD SOME OF THEIR CONCERNS MANY OF WHICH REVOLVE AROUND TRAFFIC AND THERE WAS 150 PLUS PAGE TRAFFIC STUDY ATTACHED TO THERE. I WENT THROUGH THE WHOLE THING BUT THE THING THAT REALLY STOOD OUT FOR ME AND I'M GONNA HOLD IT UP HERE WAS PAGE 12 OF THAT TRAFFIC STUDY AND WHAT IT SHOWS IS THAT THERE IS ALMOST A FOUR TIMES INCREASE IN THE PROJECTED PEAK HOUR TRAFFIC AND TO UNDERSTAND WHY THIS IS A HIGH-END DESTINATION DINING ESTABLISHMENT WITH PROPOSED OVER 900 SEATS WE HEARD EARLIER THAT THAT THE LARGEST RESTAURANT I BELIEVE IS IS JOE'S STONE CRAB WITH ABOUT 500 SEATS SO WE'RE TALKING ABOUT IF THIS PLACE IS SUCCESSFUL AND THAT'S ALWAYS A BIG IF BECAUSE WE'VE SEEN MANY RESTAURANTS COME AND GO IN THE SOUTH OF THE NEIGHBORHOOD IN THE LAST FIVE YEARS AND THEY HAVE NOT ALL BEEN SUCCESSFUL BUT IF IT IS IT'S GONNA HAVE A MAJOR IMPACT ON TRAFFIC IN THE SOUTH OF THIS NEIGHBORHOOD AND WE'VE HEARD THE LACK OF COMMUNITY KIND OF LIKE DISCOURSE ABOUT THIS AND MR. CHAIR, COULD I HAVE ONE MORE MINUTE, PLEASE? THANK YOU A LACK OF COMMUNITY DISCOURSE ABOUT THIS AND LIKE MR. DICKMAN. I HAVE CONCERNS TOO ABOUT BOARD MEMBER KEITH MARX'S NAME ON ON THAT RESOLUTION WHETHER THERE IS OR THERE IS NOT A CONFLICT OF INTEREST THERE CERTAINLY APPEARS TO BE AN APPEARANCE OF A CONFLICT AND I'M SURPRISED THAT HE HASN'T RECUSED HIMSELF FROM THIS BUT NOTWITHSTANDING THERE HAS BEEN NOT MUCH DISCUSSION AMONGST THE COMMUNITY MEMBERS AND WE'VE HEARD THAT FROM THERE'S BEEN BETWEEN FIVE AND TEN TODAY WHAT I WOULD SUGGEST IS AND THIS IS NOTHING AGAINST THE APPLICANTS THE APPLICANTS THE BOUCHER BROTHERS AND THEIR PARTNERS AND THE COMMUNITY THEY HAVE A GREAT REPUTATION AND I DON'T THINK ANYONE HERE IS SPEAKING AGAINST HIM BUT WHAT THEY'RE SAYING IS THIS PROJECT IS JUST TOO INTENSE.

THERE ARE TOO MANY SEATS THERE'S GONNA BE TOO MUCH OF AN IMPACT TO THE NEIGHBORHOOD IF IT'S SUCCESSFUL DURING THE BUSIEST TIMES TRAFFIC IS THE NUMBER ONE CONCERN. SO WHY DON'T WE GO BACK? LET'S MEET. LET'S HAVE REAL ENGAGEMENT WITH THE COMMUNITY LET'S MEET AND PERHAPS WE FIND A MIDDLE GROUND INSTEAD OF BEING 80,000 SQUARE FEET OF OPERATIONAL SPACE PERHAPS THERE'S A WAY TO RIGHT-SIZE THIS SO THAT THIS PROJECT CAN MOVE FORWARD SO THAT THE NEIGHBORS FEEL LIKE THEIR VOICES WERE HEARD AND THE ACTUAL THE REAL LEGITIMATE ISSUES ARE ACTUALLY ADDRESSED AND THAT WE DON'T HAVE POTENTIAL IMPACTS THAT COULD NEGATIVELY IMPACT QUALITY OF LIFE IN THIS NEIGHBORHOOD.

THANK YOU. THANK YOU WITH RESPECT TO KEITH HE SAID THAT HE DID NOT SIGN IT AND THAT WAS AN ERROR. SO DID NOT SIGN IT I DID NOT NEED FOR YOU TO RECUSE YOURSELF. SO OKAY, NEXT ANYBODY ELSE IN CHAMBERS ON THIS ALL RIGHT, THEY'D BE ON ZOOM YES, WE HAVE SEVERAL MEMBERS OF THE PUBLIC ON ZOOM OUR FIRST SPEAKER IS ALLISON'S IPHONE ALLISON I HOW TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING ABOUT THE TRUTH. I DO MY NAME IS MY NAME IS ALLISON HERMAN. I AM THE CURRENT VP OF SOFTNESS AS WELL AS THE PRESIDENT OF PORTOFINO TOWERS AND PORTOFINO SOUTH POINT MASTER I AM THE SIGNATORY ON THE RESOLUTION THE SOFTENER RESOLUTION OF DECEMBER 10TH SOMEONE HAD MENTIONED THE DAY BUT THAT IT WAS INCORRECT ON DECEMBER 10TH SOFTENER HELD AN OPEN MEETING OF THE MEMBERSHIP WHERE THE PIER PARK NEW DESIGN WAS EXPRESSLY ON THE AGENDA IT WAS PRESENTED BY MR. MARK IN MR. KARP AND YOU KNOW THEIR TEAM THE NEW DESIGN AS AS BEFORE YOU TODAY AND AFTER THERE WAS ONLY SUPPORT IN THAT MEETING FOR FOR THE PRESENTATION ALL THE QUESTIONS WERE ANSWERED THE HEIGHT THE DIFFERENCE THAT THEY EXPLAINED WHY THEY HAD TO HAVE A NEW BUILDING THE DIFFERENCE IN THE HEIGHT WAS VERY MINIMAL

[02:05:01]

THERE'S NO HOTEL AND THE COMMUNITY FIRMLY SUPPORTED IT AT A VERY WELL ATTENDED SOFTENING MEETING AND AFTER THAT MEETING THE SOFTENER BOARD WITH ME AS A SIGNATORY SIGNED THE RESOLUTION IT LITERALLY HAS MY INITIALS IT'S AN A AND AN H KEITH WAS NOT THE SIGNATORY AND HE'S JUST ON THERE AS A MEMBER OF THE BOARD SO I JUST YOU KNOW I JUST WANT TO REITERATE THAT SOFTENER DID SEE THE NEW PRESENTATION THE MEMBERS SAW THE NEW PRESENTATION AND WE SUPPORT THE PROJECT WE BELIEVE THAT IT WILL ELEVATE THE NEIGHBORHOOD WITH THE HIGH-END RESTAURANTS THE COMMUNITY A POOL A BEACH CLUB A KIDS AREA.

I MEAN, THESE ARE ALL COMMUNITY IT IS ALL IN THE IN THE INTEREST OF THE COMMUNITY. IT'S IT'S MEANT TO BE A COMMUNITY ORIENTED PLACE YOU KNOW NIKKI BEACH HAS BEEN NEGLECTED OF LATE AND IT IS IT IS NOT DOES NOT REPRESENT THE COMMUNITY AND YOU KNOW, WE THINK THIS WILL BE AN ASSET AND AND I HOPE YOU YOU KNOW MOVE FORWARD WITH YOUR RECOMMENDATIONS THANK YOU. THANK YOU OUR NEXT SPEAKER IS ERICA DURST ERICA DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? I I I DO. THANK YOU. YOU HAVE TWO MINUTES GOOD MORNING. I'M ERIC DURST. I'M A SOUTH OF FIFTH RESIDENT FOR THE LAST 16 YEARS I HAVE THOUGHTS ON THE LATEST DESIGN PROPOSED NOT BEING THE PROPER AESTHETIC OR SCALE FOR THAT ICONIC CORNER OF OUR NEIGHBORHOOD BUT I ALSO DON'T THINK WE SHOULD EVEN BE OPINING ON PLANNING AND DESIGN AT THIS POINT AND WE SHOULD BE REMAIN FOCUSED ON THIS PROCESS THERE WERE LOTS OF INITIAL CONCERNS THAT THIS WAS NOT A FAIR OR TRANSPARENT PROCESS THE OTHER RFP PARTICIPANTS FELT SANDBAGGED NOT JUST THE PEN RODS AND IT APPEARS THOSE CONCERNS WERE VALID NOW THAT THERE'S BEEN SIGNIFICANT CHANGES TO THE TERMS THAT WERE PROMISED IN ORDER TO GET APPROVAL BACK IN 2023 THIS FEELS VERY MUCH LIKE A BAIT-AND-SWITCH AND WHETHER THAT'S BEEN INTENTIONAL OR NOT IT'S NOT THE IMPRESSION OUR CITY SHOULD BE MAKING UPON ITS RESIDENTS AND STAKEHOLDERS.

I JUST HEARD A FEW MEMBERS OF OUR COMMUNITY SPEAK TO THE CHARACTER OF THE BICHET BROTHERS THIS MORNING. I'VE NEVER MET THEM I'M SURE THEY'RE PERFECTLY LOVELY PEOPLE, BUT THAT HAS NOTHING TO DO WITH THE PROCESS AND THIS PROCESS HAS BEEN VIOLATED THERE HAS NOT BEEN ENOUGH PUBLIC NOTICE ABOUT THE CHANGES POST RFP APPROVAL I DO GET THE SOFA EMAILS AND THERE WAS AN ITEM ON THERE SAYING THEY WOULD DISCUSS THE NEW BUILDING BUT ANYONE WHO'S READING THAT IS NOT GOING TO UNDERSTAND THAT MEANS THERE'S BEEN A NEW CHANGE TO WHAT WAS APPROVED BACK IN? 2023 NEW BUILDING COULD JUST MEAN A RENOVATION TO MANY PEOPLE GLANCING AT A FEW ITEMS IN AN EMAIL. I RESPECTFULLY URGE YOU TO RECOMMEND THAT THE CITY RECOMMIT TO A FULLY OPEN TRANSPARENT RFP PROCESS ONE THAT'S CLEARLY COMMUNICATED FAIRLY ADMINISTERED AND DESERVING OF PUBLIC TRUST.

THANK YOU I THANK YOU OUR NEXT SPEAKER PEOPLE KEEP TALKING ABOUT THIS RFP PROCESS THAT THAT'S COMPLETELY OUTSIDE OF OUR PURVIEW, CORRECT? ALL RIGHT. ALL RIGHT. GO TO THE NEXT SPEAKER NEXT SPEAKER JAY CAPRIO DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING ABOUT THE TRUTH? YES, I DO. THANK YOU. YOU HAVE TWO MINUTES. YES. HI. MY NAME IS JOHN CAPRIO. I RESIDE AT 1000 SOUTH POINT DRIVE. I AM PRESIDENT OF THE MURANO AT PORTOFINO HOA AND I'M ALSO A DIRECTOR ON SOUTH THE FIFTH NEIGHBORHOOD ASSOCIATION FIRST OF ALL, I WANT TO MIRROR WHAT ALLISON SAID I AM ON THE BOARD WITH HER AT SOUTH THE FIFTH NEIGHBORHOOD ASSOCIATION WE'VE HAD MANY MEETINGS LOTS OF COMMUNITY OUTREACH AND WE'RE VERY ACTIVE WITH OUR BUILDINGS IN THE NEIGHBORHOOD AND I THINK WE HAVE OUR THUMB ON THE PULSE OF WHAT IS BEST FOR THE NEIGHBORHOOD FROM A FEW YEARS AGO ADVOCATING TO GET TO CHANGE THE HOURS FOR A STORIED NIGHTCLUB AND OTHER BUSINESSES HELPING AND ENHANCING THE NEIGHBORHOOD.

I'VE BEEN A RESIDENT HERE FOR OVER 20 YEARS. I OWN TWO UNIT I OWN TWO APARTMENTS OUT THE FIFTH AND I JUST WANT TO SAY I STRONGLY ADVISE THE PLANNING BOARD TO MOVE FORWARD WITH THE RECOMMENDATION TO PASS THIS NEW DESIGN OF OF THE NICKY THE NICKY BEACH CLUB PARCEL AS IT IS RIGHT NOW IT IS AN EYESORE IT'S A BAD RUN BUSINESS. IT'S BAD FOR THE NEIGHBORHOOD WHAT THEY WHAT THEY WANT TO DO I THINK WOULD BE A GREAT ENHANCEMENT TO THE NEIGHBORHOOD. I KNOW OUR RESIDENTS ARE EXCITED ABOUT IT I THINK IT'S GONNA BE A GREAT OPERATION EVERYTHING I HEARD ABOUT PARKING TRAFFIC WE DON'T REALLY HAVE THOSE ISSUES AS YOU SEE WHEN A STATE WHEN A CITYWIDE VOTE GOES TO ENHANCE ANYTHING ON OCEAN DRIVE LIKE IT WAS THE MARRIOTT IT PASSES THIS IS VERY IMPORTANT FOR OUR NEIGHBORHOOD THAT THIS GETS RECOMMENDED AND IT GETS PASSED BY THE CITY AND IT GETS DONE.

[02:10:01]

THEY MAJOR FOOD GROUP HAS BEEN A GREAT OPERATOR IN OUR NEIGHBORHOOD AND WE ARE VERY HAPPY IN THEIR OPERATIONS SOUTH THE FIFTH AND THEN ALSO BOUCHER BROTHERS. I THINK THEIR RECORD SPEAKS FOR THEMSELVES.

THANK YOU VERY MUCH THANK YOU.

NEXT OUR NEXT SPEAKER IS LEWIS ALONE LEWIS DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? I DO YOU HAVE TWO MINUTES? LEWIS SALOME AND GLORIA SALOME LIFELONG RESIDENT, MIAMI BEACH 800 NORTH SHORE DRIVE I'M REPRESENTING ABOUT 30 PEOPLE IN MY FAMILY WE FULLY SUPPORT THE BOUCHER AND WE COMMEND THEM ON THE GREAT COMMUNITY PARTNER THAT THEY'VE BEEN AND WE FULLY SUPPORT THIS PROJECT THANK YOU THANK YOU, NEXT SPEAKER IS KEN CAPEL KEN DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? THANK YOU, YOU HAVE TWO MINUTES OKAY, I'M ON THE BOARD OF SO BE SAFE AS IS JONATHAN WHO YOU HEARD FROM BEFORE AND WE'RE WEIGHING IN BECAUSE OF OUR COMMITMENT TO CONTINUOUSLY ELEVATING SOUTH BEACH AND WE BELIEVE THIS PROJECT WILL HAVE FAR-REACHING EFFECTS POSITIVE EFFECTS ON OUR COMMUNITY WE'RE VERY IMPRESSED BECAUSE NET NEIGHBORS HAVE THE MOST IMPORTANT STAKE AROUND AND HERE IS THE BOARD OF SOFNA THAT IS APPROVING OF THIS AND THEY'VE THEY'VE HELD MEETINGS ON THIS. WHAT MORE DO YOU NEED TO HEAR WHEN A NEIGHBORHOOD ASSOCIATION? BLESSES A PROJECT I'M ALSO TOLD THAT INDIVIDUAL BUILDINGS SURROUNDING THIS THIS PROJECT HAVE VOTED THEIR SUPPORT TO IT. SO IN ADDITION TO THAT THIS PROJECT SATISFIES REQUIREMENTS WE DEEM ESSENTIAL AND 11 P.M. CLOSING TIME FOR RESTAURANTS. NO IT EXTERNAL SPEAKERS OR AMBIENT MUSIC PROVISION FOR LOCAL FAMILIES TO UTILIZE OPEN AREAS AND MORE WE'VE LOOKED AT THE PLANS THEY'RE ATTRACTIVE THEY WILL ELEVATE THE THE AREA AND THEY WILL RESOLVE PROBLEMS THAT ARE INHERENT IN THE CURRENT STRUCTURE SO FOR THESE REASONS WE ADVOCATE THE PASSAGE OF THIS WITHOUT DELAY THINKING BACK TO THE FIREHOUSE DEBACLE.

WE'VE SEEN WHAT HAPPENS IN THIS CITY WHEN THINGS ARE DELAYED THE COSTS GO UP AND OPPORTUNITIES ARE LOST. THANK YOU THANK YOU OUR NEXT SPEAKER IS GREENIX IPHONE DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH NOTHING, BUT THE TRUTH I DO THIS IS STEVE KRENNIC? RESIDENT YEAR-ROUND RESIDENT AT 1500 OCEAN DRIVE JUST THOUGHT OUT BY SAYING WE DON'T SAY IT ENOUGH MIAMI BEACH IS A IS A GREAT PLACE GREAT PLACE TO LIVE GREAT PLACE TO VISIT AND BUT I THINK WE ALL AGREE WHATEVER SIDE WE'RE ON FOR THIS PROPOSAL THAT WE NEED TO CONTINUE TO ELEVATE IT AND AND WE'VE LACKED DOING THAT TO SOME EXTENT OVER THE LAST 25 YEARS AND SO THIS PROJECT I'M FULLY SUPPORTIVE OF IT ELEVATES YOU KNOW THE THE AREA SOUTH BEACH ALL MIAMI BEACH IN BOTH THE SHORT TERM AND THE LONG TERM AS AND JUST WANT TO GO BACK. I'M SPEAKING INDIVIDUALLY NOT NOT FOR ANY ORGANIZATION THAT I'M A PART OF I DO AGREE THE THE HOURS, YOU KNOW, WHICH KEN JUST MENTIONED I BELIEVE IN PREVIOUS, YOU KNOW ARE IMPORTANT ALMOST EVERY ESTABLISHMENT IN THE AREA STAYS OPEN AT LEAST TO 11 IF NOT LATER.

SO I MEAN THESE THESE HOURS ARE ARE VERY YOU KNOW VERY APPROPRIATE AND YOU KNOW, I THINK WE'VE SEEN IT MANY TIMES IN OUR CITY, YOU KNOW WE HAMSTRING WE'VE WATERED DOWN PROJECTS TO TRY TO GET THEM THROUGH AND THEN THEY'RE NOT THE QUALITY OF THE PROJECT THAT WE WANT AND SO, YOU KNOW KIND OF YOU KNOW AGAIN FULLY SUPPORT THE PROJECT AS IS AND HOPEFULLY WE DON'T DO THAT WITH THIS PROJECT AND WE SHOULD KEEP THIS PROJECT MOVING FORWARD AND NOT HAVE A HOLE IN OUR IMPORTANT NEIGHBORHOOD FOR MANY YEARS IF WE IF WE GO DOWN THESE RABBIT HOLES, SO AGAIN FULLY SUPPORTIVE.

THANK YOU. THANK YOU OUR NEXT SPEAKER IS JORDAN'S IPHONE JORDAN DO YOU SWEAR TO TELL THE TRUTH THE WHOLE TRUTH AND NOTHING BUT THE TRUTH? JORDAN YOU CAN UNMUTE YOURSELF IF YOU'D LIKE TO SPEAK OKAY, I'M UNMUTED THANK YOU, YES I DO THANK YOU, MY NAME IS JORDAN LEVY I LIVE AT THE MURANO GRAND 400 ALTON ROAD FOR THE LAST 14 YEARS I'M ALSO ONE OF THE OWNERS OF SOUTH POINT IN TAVERN WHICH IS RIGHT ON THE KITTY CORNER RIGHT DIRECTLY ACROSS FROM WHERE I'M NIKKI BEACH WE LOCATED AND I'M THE COMMERCIAL DIRECTOR OF SO OPEN UP I JUST WANT TO MAKE SURE THAT YOU ALL

[02:15:01]

THANK YOU. I JUST WANTED TO CALL IN AND REPEAT WHAT I SAID TO THE HPB THAT I SUPPORT THIS PROJECT AND I WASN'T THINKING I WAS GOING TO BUT THE DESIGN OR THE SIZE RELATIVE TO THE TO THE TO THE LOT AND THE IMPROVEMENT TO THE NEIGHBORHOOD SOUTH OF IT CERTAINLY MAKES ME FOR THE PROJECT AND NOT AGAINST AND I CONGRATULATE THE THE PARTNERS IN THIS PROJECT IN PUTTING FORWARD A PROJECT THAT MAKES SENSE TO ME. IT'S BALANCED THAT LOOKS AT THE INTEREST OF THE NEIGHBORHOOD THE CITY THE BUSINESS COMMUNITY THE TOURISM BUSINESS AND RESIDENTS IN GENERAL, SO I WANT TO APPLAUD THIS PROJECT, YOU KNOW, IT REALLY WAS A REALLY SUCCESSFUL PLAN. THANK YOU.

THANK YOU WAYNE NO ONE ELSE ON ZOOM. ALL RIGHT. SO THE ONLY THING I'M GONNA DO IS MICHAEL YOU ON HIM POINT OF ORDER. I JUST WANT TO MENTION THAT THE MEMBER FROM THE CLERK'S OFFICE DID COME UP AND CONFIRM WITH ME THAT I AM PROPERLY REGISTERED AS A LOBBYIST. I ASKED HIM TO TELL MR. LARKIN THAT AND ALSO I THINK I HEARD SOMEONE SAY THAT SOME OF THE BOARD MEMBERS LIVE IN THE AREA AND I THINK THAT THEY SHOULD DISCLOSE THAT SURE, AS THE FACT THAT I THINK MR. MARKS WAS ON THE RFP SELECTION COMMITTEE PROCESS THAT'S FINE.

I THINK I THINK HE'S THE ONLY ONE THAT LIVES SOUTH OF FIFTH ON THE BOARD. IS THAT CORRECT? THAT IS CORRECT OKAY, WHICH MEANS I UNDERSTAND OKAY, AND I SO THERE'S YOUR DISCLOSURE. HE LIVES SOUTH OF FIFTH SURE UM, YEAH, I WANT YOU TO JUST REBUT WHAT YOU'VE HEARD AND THEN WE'RE GONNA CLOSE THE PUBLIC HEARING SURE A LOT WAS SAID BUT WITH REGARD TO WHAT MR. STERN SAID 90 OF HIS TESTIMONY INVOLVED A CONCESSION AGREEMENT THAT IS NOT BEFORE YOU TODAY THAT IS NOT YOUR ROLE TODAY.

YOUR ROLE IS VERY NARROW. IT'S TO OFFER RECOMMENDATIONS TO THE CITY COMMISSION WITH REGARD TO THIS PROJECT WE WOULD NOT BE HERE TODAY AS I TOLD YOU ALL UNLESS THE CITY ATTORNEY THE CITY MANAGER HAD DETERMINED THAT WE ARE CONSISTENT WITH THIS CONCESSION AGREEMENT.

WE HAVE SPENT MANY MONTHS WORKING WITH THEM THIS IS NOT A SURPRISE TO THEM. THESE PLANS OUR PROGRAM EVERYTHING IS UTTERLY CONSISTENT WITH THE WORDING OF THE CONCESSION AGREEMENT BEAR IN MIND WHO MR. STEARNS IS HE IS AN ATTORNEY WITH A FIRM REPRESENTING THE CURRENT TENANT OF THE PROJECT. I HOPE THAT

[02:20:01]

THANK YOU. MR. CHAIRMAN THANK YOU. CAN I ASK? CAN I SPEAK? UH, YEAH, I'M GONNA GIVE YOU KEEP ONE SECOND JUST BECAUSE YOU MENTIONED YOUR NAME ON A LATE ON SOME GO AHEAD AND RESPOND TO THAT BUT DON'T RE-ARGUE YOUR CASE.

UH, THANK YOU. I JUST WANTED TO GO BACK TO MR. LARK. WE ARE WE WE GET ALONG WELL, DON'T DON'T WORRY WE ARE WE ARE BOTH ADVOCATES AND THAT'S WHAT WE ARE DOING HERE, CORRECT? WE UNDERSTAND THAT WE UNDERSTAND YOUR ROLE AND WHO YOU'RE REPRESENTING AND WE WE GET IT AND I WANTED TO CIRCLE BACK THAT I DID MENTION THAT WHAT YOU WOULD HEAR IS THIS IS JUST AN RFP DISPUTE AND AND DON'T WORRY ABOUT IT AND WHAT I TRY TO CONVEY TO YOU DURING MY PRESENTATION WAS THAT THE CORE REASON YOU ARE HERE IS BECAUSE OF THE UNDERLYING DOCUMENTS THAT NEED TO BE COMPLIED WITH SUBSTANTIALLY AND I DON'T THINK YOU'VE HEARD ANYTHING THAT THEY HAVE BEEN IN FACT I THINK EVERYBODY IS ADVOCATED FOR THE EXACT OPPOSITE THAT THEY ARE A COMPLETE CHANGE AND OBVIOUSLY WE TAKE ISSUE WITH EVERYTHING THAT MR. LARKIN SAID ABOUT WHAT'S GOING ON IN COURT BECAUSE THAT IS ACTUALLY INCORRECT, BUT THAT'S WHY WE'RE IN COURT. SO WITH THAT ANY QUESTIONS THAT I CAN ANSWER? YEAH, ACTUALLY I'LL ASK YOU AND I WANT MR. LARKIN TO REPLY I KEEP HEARING BAIT AND SWITCH BY THE WAY. I'M CLOSING THE PUBLIC HEARING NOW AND NOW IT'S TIME FOR INTERACTION SOME PEOPLE ON THE BOARD WERE ASKING SO I'M BEAR WITH ME FOR A SECOND THE OLD RFP PROPOSED A COMPLETELY NEW LOOK OF THE BUILDING THE NEW IS PROPOSING A COMPLETELY NEW LOOK FOR THE BUILDING. IS THAT TRUE? YES OR NO YOU GO FIRST ANDREW THE ORIGINAL RFP WAS A RENOVATION OF THE EXISTING STRUCTURES.

DID IT DID IT FUNDAMENTALLY CHANGE THE LOOK AND STRUCTURE? OR DID IT LEAVE IT IN PLACE THE ANSWER THE QUESTION IS THE ORIGINAL RFP.

YES IS A RENOVATION OF AN EXISTING STRUCTURE OKAY, YOU'RE GOING TO HAVE THE THE NEW PROPOSAL AGAIN AS OF NOVEMBER IS COMPLETE DEMOLITION BASICALLY PROPERTY LINE OR PROPERTY LINE AND BRAND NEW CONSTRUCTION. OKAY YOU ARE AWARE THAT FOR 30 YEARS THAT

[02:25:03]

YES THAT WERE REJECTED AFFIRMATIVELY BECAUSE THE COMMISSION THROUGH HOWEVER IT IT PROCEEDED DECIDED TO AFFIRMATIVELY REJECT NEW CONSTRUCTION AND TO APPROVE RENOVATION ONLY AND THOSE NEW CONSTRUCTIONS WERE ONLY FOR THE 30-YEAR OPTION, WHICH IS WHAT THEY REJECTED I CAN'T MAKE THAT ASSUMPTION BECAUSE THAT'S THAT'S TOO MANY BAKED IN ASSUMPTIONS. OKAY, THE ORIGINAL RFP HAD THREE RESTAURANTS. HOW MANY DOES THE CURRENT ONE HAVE? IT DEPENDS ON HOW YOU THREE FOOTPRINT IT. UM, AND WE DON'T REALLY KNOW WHAT THE REDESIGN WILL LOOK LIKE BUT AS IT WAS PRESENTED, IT LOOKS LIKE THAT THE THE NUMBER OF RESTAURANTS APPEARS TO BE SIMILAR BUT YOU'D HAVE TO ASK MR. LARKIN THAT WAS SIMILAR IDENTICAL. YOU HAVE TO ASK MR. LARKIN THAT CAN I GO? YEAH THANK YOU UM, YEAH, IT'S THE SAME AMOUNT OF RESTAURANTS. OKAY, IT WON'T CHANGE THE ORIGINAL HAD SWIMMING POOLS ANY CHANGE WE HAVE SWIMMING POOLS. OKAY, THE ORIGINAL HAD A KID'S DAYCARE ANY CHANGE. WE'LL HAVE THOSE KIDS THERE OKAY THE ORIGINAL HAD UH DAY BEDS AND LOUNGE CHAIRS WITH SOME EVEN LOCATED IN THE POOL ANY CHANGE. NO, SIR. THAT STAYS. OKAY ANY CHANGE IN PARKING SPACES FROM BEGINNING TO CURRENT TO WHEN IT'S FINALLY DONE I THINK THE ONLY CHANGE IS THAT UNDER THE CURRENT SCHEME IF THERE'S AN UNDERSTORY AND WE'RE ACTUALLY ABLE TO INCREASE THE NUMBER OF PRIVATE PARKING SPACES MORE SPACES. ALL RIGHT UH, THE ORIGINAL PLAN HAD EXTENSIVE NEW LANDSCAPING WHAT ABOUT THE NEW PLAN SAME OKAY UH, THE ORIGINAL PLAN WAS A SHORT-TERM LEASE OF LESS THAN 10 YEARS WHAT IS THE NEW THING? FINANCIAL TO THE CITY UH HAVE THEY CHANGED IN THE CONCESSION AGREEMENT SINCE THIS UH PLAN IS I ASSUME VERY EXPENSIVE COMPARED TO THE ORIGINAL FOR THE APPLICANT. HAVE THEY ASKED FOR ANY BETTER TERMS? NO, NO THE SAME SAME PLAN AND AND SO CAN I ASK MR. MAX, I'M SORRY I JUST HAVE TO WANT TO MAKE ONE CLARIFICATION YOU ASKED WHETHER IT WAS A SHORT-TERM LEASE THIS IS THIS IS A CONCESSION AGREEMENT CONCESSION AGREEMENT LESS THAN 10 YEARS VERSUS 30 BAD ART OF TERM, UM FINANCIALS ARE THE SAME UM OKAY NOW HE CAUGHT ME OFF GUARD THE UM ESTIMATED EXTRA COST TO THE APPLICANT IS WHAT? FOR DOING IT THIS WAY IT HAS INCREASED. I THINK THE INVESTMENT AMOUNT IS JUST BELOW 30 MILLION EXTRA OKAY, AND WHEN IT'S DONE FOR NINE YEARS AND WHATEVER DOES THE APPLICANT OWN THE BUILDING OR DOES THE CITY OWN THE BUILDING CITY? SO THE CITY IS GETTING ALL THE SAME FEATURES ALL THE SAME FUNCTIONS AS ORIGINAL WITH A BUILDING THAT'S 30 MILLION DOLLARS MORE NOT PAID BY THE CITY ON THE SAME FINANCIAL TERMS. IS THAT CORRECT? CORRECT? OKAY I'M DONE. CAN I ADDRESS SOME OF YOUR QUESTIONS AND WHERE THEY'RE GOING WHICH IS YEAH, YOU CAN ASK ME A QUESTION THE PUBLIC HOLD ON HOLD ON YOU WANT TO DO WHAT I JUST WANT TO ADDRESS SOME OF THESE QUESTIONS BECAUSE DIRECTED TO ME. YEAH, I I THINK THAT ALL OF YOUR QUESTIONS ARE GREAT QUESTIONS. THANK YOU. AND THE THE ISSUE IS NOT WHETHER NEW CONSTRUCTION IS APPROPRIATE FOR THIS PARTICULAR PROPERTY THE QUESTION IS WHETHER THERE SHOULD HAVE BEEN A COMPETITION OF COMPETING POSSIBLE DESIGNS VETTED THROUGH COMMITTEES THAT ARE ULTIMATELY SELECTED AND THE PROBLEM WITH WHAT'S HAPPENED IN THIS PROCESS IS THAT YOU'RE BEING PRESENTED FROM THE FIRST TIME TO MAKE A DECISION ON SOMETHING THAT WAS VETTED BY NOBODY WITH NO COMMUNITY INPUT AND ALTHOUGH THERE MAY BE SOME CONSISTENCY WITH SOME ATTRIBUTES BETWEEN THE NEW CONSTRUCTION AND THE PROMISED AND THE CONTRACTUALLY AGREED PROPOSAL THE NEW CONSTRUCTION PROCESS FOR THIS PUBLIC PARK SHOULD HAVE BEEN A COMPETITION BETWEEN THE BEST POSSIBLE OPTIONS AND THAT NEVER HAPPENED HERE. AND THAT'S WHY THIS IS INCORRECT OKAY, I JUST WANT TO BECAUSE IT WAS MENTIONED I WAS ON THE RFP COMMITTEE. SO I DO HAVE SOME KNOWLEDGE AND IT'S

[02:30:01]

OKAY UM, IF I WAS LOOKING AT THIS AS A NEW PROJECT, UM YEAH, I MEAN I'M IN FAVOR OF IT I'D BE IN FAVOR OF SOMETHING HAPPENING THERE WHETHER IT BE ALL NEW CONSTRUCTION OR RENOVATING THE EXISTING BUILDING I THINK WE'D LOOK AT IT OR I'D LOOK AT IT THE SAME WAY I'D LOOK AT ANY OTHER PROJECT AND LOOK AT ALL THE DIFFERENT ASPECTS OF IT AND AND DECIDE ON IT THEN SO I MEAN, I I DON'T I'M NOT OPPOSED TO THIS UM AS FAR AS THE THE THE IDEA THAT UM, YOU KNOW, IT DOESN'T UM IT'S DIFFERENT FROM WHAT THE RFP PUT OUT HONESTLY, THAT'S I DON'T THINK THAT'S GOING TO BE DETERMINED HERE. IT'S PROBABLY GOING TO BE DETERMINED AT ANOTHER VENUE UM, IT MAY BE DETERMINED HERE, BUT NOT BY THIS BOARD OR MAYBE AT ANOTHER LIKE I SAID ANOTHER VENUE UM I DON'T KNOW IF THAT'S REALLY OUR OUR PURVIEW UM, BUT THE COMMISSION LOOK AT THAT AND YOU KNOW, OBVIOUSLY IT MAY GO SOMEWHERE AFTER THE COMMISSION BUT I'M NOT GOING TO LOOK AT THAT. UM UM, I PERSONALLY YEAH, I MEAN IT SEEMS LIKE THERE WERE THINGS THAT WERE NOT IN THE ORIGINAL PROPOSAL BUT AGAIN, I IT'S THAT'S GOING TO BE A CALL FOR THE COMMISSION TO MAKE AND YOU KNOW, WHEREVER IT GOES AFTER THAT IT GOES UM BUT WE DID SAY THAT THAT THAT NOR, YOU KNOW, NORMALLY WE WOULD HAVE A A BETTER OPPORTUNITY TO LOOK AT ALL THE THE OPERATIONAL IMPACTS OF THIS

[02:35:01]

SOMEONE SAID THAT IT'S GOING TO BE A DIFFERENT DESIGN IT'S HARD FOR US AT LEAST HARD FOR ME TO MAKE RECOMMENDATIONS NOW WITHOUT KNOWING WHAT THAT DESIGN IS UM, JUST TO CLARIFY AT THE LAST MR. CHAIRMAN, I OBJECT THE PUBLIC HEARING IS CLOSED HE HE CAN SIT DOWN BECAUSE HE IS NOT A PARTY TO THIS PROCEEDING. WE ARE THE APPLICANT. WE ARE THE PARTY HE IS REPRESENTING A TENANT WHOSE LEASE EXPIRES IN THREE MONTHS HE SHOULDN'T BE UP AT THE PODIUM STILL BECAUSE THE PUBLIC HEARING IS CLOSED YOU HAVE THE DISCRETION TO LET ANYBODY SPEAK ALL RIGHT, HE HE'S RIGHT BUT I'M GOING TO LET YOU RESPOND TO THIS AND THEN WE'RE GOING TO STOP WITH THE BACK AND FORTH OKAY, UH, I MADE A REPRESENTATION DURING MY PRESENTATION THAT AT DRB DRB ASKS FOR SOME CHANGES TO BE MADE AND THE APPLICANT AT THAT TIME THE DRB THEN DEFERRED AND THEN THE APPLICANT SAID THEY WOULD TAKE THAT INTO CONSIDERATION OR DO SOMETHING AND THEN THERE WOULD BE ANOTHER DRB MEETING. AND SO MR. NEWMAN, SO YOU'RE NOT CONFUSED THE DRB ASKED FOR SOME CHANGES TO THE EXTERIOR RIGHT, YOU ARE YOU ARE CONSIDERING THE USES NOT ANYTHING AND THE CHANGES TO THE EXTERIOR ARE NOT GOING TO CHANGE THE USES ANDREW PLEASE SIT NOW YOU'RE IT IS A PUBLIC HEARING I'VE CLOSED IT, BUT I APPRECIATE ALL YOUR COMMENTS AND YOUR SUBMISSION.

NO I UNDERSTAND. WELL, YEAH, THEY HAVE A QUESTION OF YOU THEN I'LL BE BY ALL MEANS IT SEEMS LIKE PRETTY MUCH EVERYTHING IS GOING TO BE DETERMINED IN A LATER DATE A DIFFERENT VENUE UM, IDEALLY I'D LIKE IT TO COME BACK TO US. IT'S NOT GOING TO HAPPEN THOUGH UM, LIKE YOU'RE NOT COMING BACK FOR A FOR A CUP UM SO I I MEAN I'M RIGHT SO SCOTT SO ANYTHING YOU'RE CONCERNED ABOUT THEN YOU GOTTA MAKE WE'VE GOT TO MAKE THAT A RECOMMENDATION I MEAN, CORRECT, YOU KNOW, IT'S HARD TO COME UP WITH THINGS WHEN WE YOU KNOW, WE DON'T REALLY HAVE A WHOLE UM AN ACTUAL WELL, I WOULD SAY WE HAVE THE WE HAVE A LOT OF INFORMATION HERE, BUT UM I MEAN WE NORMALLY WHEN A WHEN AN APPLICATION COMES IN FRONT OF US LIKE THIS THEY'RE GOING TO COME IN FRONT OF US AND THEY'RE GOING TO TALK ABOUT THEIR THEIR TRAFFIC THEIR OPERATIONS AND EVERYTHING AND WE'RE YOU KNOW, WE HAVEN'T REALLY HEARD ANY OF THAT TODAY. I'M IT DOESN'T MEAN I'M NOT I MEAN HONESTLY, I'M GOING TO MOVE TO RECOMMEND WE GO FORWARD WE GO FORWARD UM, I JUST YOU KNOW, I I DON'T KNOW IF THERE'S ANOTHER WAY WE COULD LOOK AT THIS DOWN THE LINE BUT YOU BRING UP A GOOD POINT. I THINK THAT'S AN IMPORTANT THING TO LOOK AT IS AT THE END OF THE DAY IF WE'RE DELAYING THIS PROJECT AND FOR OTHER REVIEWS ONLY CIRCLE BACK AND END UP AT THE SAME POINT WHERE WE'RE GOING TO APPROVE THE CURRENT PROJECT AND I UNDERSTAND THERE'S A FRUSTRATION WITH PART OF THE PROCESS AND I THINK THERE'S DIFFERENT PARTIES INVOLVED ON SOME RESPONSIBILITY AND I THINK EARLY ON THE CITY SHOULD HAVE ASSESSED THE CURRENT BUILDING AND REALIZED THAT THAT BUILDING WAS NOT REALLY WORKABLE AND THAT WAS MOST LIKELY THAT WAS GOING TO GET A DEMO AND I THINK SOME OF THAT CLARITY TO THE PUBLIC WOULD HAVE HELPED AND I THINK THE PUBLIC NEEDS TO REALIZE THAT WE'RE HAVING HERE IN FRONT OF PLANNING WHERE MORE AND MORE CASES WHERE THERE'S PRIVATE PROPERTY COMMERCIAL PROPERTIES THAT GET BOUGHT IN THE MOMENT THAT THESE STRUCTURES ARE EVALUATED WE REALIZE THAT IT IS NOT IT IS NOT FEASIBLE TO BE RENOVATING OR IT DOESN'T MAKE ANY ECONOMIC SENSE WHEN THERE'S DIFFERENT CODES NOW IN PLACE AND WE'RE GOING TO SEE THIS GOING ON THE CITY OVER AND OVER SO I THINK ORIGINALLY IT WOULD HAVE BEEN JUST MORE REALISTIC TO THE PUBLIC TO REALIZE THAT THE BUILDING THAT WAS THERE WAS NOT REALLY A BUILDING THAT WAS SUSTAINABLE TO BE WORKING WITH ON THIS NEW PROJECT AND ESPECIALLY WITH CURRENTLY WITH THE REAL ESTATE. UM, COST OF OF OF RENOVATING BUT YOUR POINT IS RIGHT IS IS THAT IF THIS PROJECT WAS PRESENTED AS SUCH TODAY WE WOULD PROBABLY BE ALL ON BOARD. WE WERE JUST A LITTLE BIT A LITTLE BIT TAKEN OFF GUARD THAT THE ORIGINAL PROPOSAL IS NOT QUITE THE SAME BUT KEITH MADE SOME VERY IMPORTANT FACTS IS THAT THE USAGE IS THE SAME AND AND AND AND THE BENEFITS TO THE PUBLIC IS THE SAME AND YES FOR THE RESIDENTS THAT ARE DEALING WITH UM, TWO TO THREE YEARS OF CONSTRUCTION OVER ONE YEAR IS SIGNIFICANT, BUT UM, BUT AGAIN, WE WE WE KIND OF FAILED AND AND TO BEING COMPLETELY CLEAR ABOUT WHAT WAS GOING TO BE? REALISTIC IN A PROJECT LIKE THIS, BUT AGAIN IF WE'RE GOING TO DELAY IT TO HAVE A VERY DIFFERENT OUTCOME IT MAKES SENSE TO REQUESTION WHAT WHAT THE PROCESS IS BUT TO END UP AT THE SAME SAME PLACE AND MONTHS AND MONTHS OF DELAYS AND IN A PROJECT THAT'S JUST GOING TO SIT IN A LOT THAT'S GOING TO BE VACANT IT'S NOT VERY WHAT I THOUGHT ABOUT WAS IT COMING BACK TO US SO WE CAN LOOK AT MORE OF THE OPERATIONAL BUT IN LIEU OF THAT IN LIEU OF THAT I KNOW THAT'S NOT GOING TO PERHAPS PART OF OUR RECOMMENDATION COULD BE THAT THE CITY BECAUSE THIS IS GOING TO BE A PROCESS. THIS IS NOT GOING TO HAPPEN OVERNIGHT IT'S GOING TO BE A PROCESS DURING THAT PROCESS MAYBE OUR RECOMMENDATION COULD BE OUR RECOMMENDATION COULD BE DURING THAT PROCESS THAT THE CITY REQUIRE MAYBE THE APPLICANT TO GO OUT TO THE NEIGHBORHOOD AND TALK ABOUT THEIR OPERATIONS AND GET SOME FEEDBACK FROM THEM AND MAYBE TWEAK THE THE THE PROCESS

[02:40:01]

THAT'S A RECOMMENDATION. WE'LL MAKE OKAY. SO JONATHAN YEAH, I MEAN I'M I THINK THE CONCEPTS IN GENERAL ARE WONDERFUL. I THINK THE THE PARTNERSHIP IS GREAT I MEAN THE BOUCHERS MAJOR FOOD GROUPS ALL BEEN A HUGE, YOU KNOW, BOTH HAVE BEEN HUGE ASSETS TO TO OUR COMMUNITY UH OVER MANY YEARS, UH LONGER FOR THE BOUCHERS, BUT THE I UNDERSTAND WHERE THE NEIGHBORS ARE UPSET WITH THE PROCESS. I I'M I'M STILL HAVING SORT OF YEAH, SOME NEIGHBORS I I STILL HAVE QUESTIONS ABOUT EXACTLY SO WE ARE JUST UH APPROVING THE CONCEPTS OF THE MEDITERRANEAN RESTAURANT RECOMMENDING RECOMMENDING.

YES. THANK YOU UH A JAPANESE RESTAURANT BEACHFRONT CAFE A POOL KIDS CLUB THAT THAT'S THAT'S WHAT WE'RE SAYING IS IN ACCORDANCE WITH WHAT OUR VISION FOR THE CITY IS YOUR ROLE IS TO REVIEW THE PROPOSED USES NOT NOT REALLY AS SPECIFIC AS WHETHER IT'S A JAPANESE RESTAURANT, FOR EXAMPLE BUT BUT WHAT TYPES OF USES ARE ARE PROPOSED ON THE PROPERTY AND YOU CAN MAKE WHATEVER RECOMMENDATIONS THE BOARD SEES FIT WITH REGARD TO THOSE USES, OKAY YEAH, SO I'M I'M IN FAVOR OF ALL THE USES AND I THINK YOU KNOW, I DON'T UNDERSTAND, YOU KNOW LOOKING AT THEM I HAVEN'T REALLY HEARD MUCH ABOUT YOU KNOW ANY OPPOSITION TO THOSE SPECIFIC USES WHAT I'VE HEARD OPPOSITION TO IS THE THE BUILDING AND THE YOU KNOW THE SIZE OF IT THE PLANS THAT WERE SUBMITTED THE PARKING THOSE ARE ALL VALID CONCERNS, BUT UNFORTUNATELY, THAT'S NOT SOMETHING THAT WE'RE REALLY CONSIDERING RIGHT NOW I WOULD LIKE TO SEE THERE BE A PROCESS FOR YOU KNOW YOU KNOW, YOU KNOW FIGURING OUT SIMILAR TO A CUP AND I'M CURIOUS HOW THE CITY IS GOING TO HANDLE IT IN THE FUTURE WHEN THERE'S A VIOLATION OF SOMETHING IN THE CONCESSION AGREEMENT.

IS THAT A YOU KNOW, DO THEY GET A VIOLATION OR ARE THEY DO THEY DOES THE CITY HAVE TO FILE A LAWSUIT? IN ORDER TO GET THEM TO CHANGE THEIR WAYS. HOW DOES THAT WORK? I MEAN, I THINK IF THERE WERE A IF THERE WERE A USE ON THE PROPERTY THAT WAS NOT REVIEWED BY THIS BOARD OR APPROVED BY THE CITY COMMISSION THAT COULD BE THAT COULD BE A ZONING VIOLATION I I THINK IF THERE IS A VIOLATION OF THE TERMS OF THE CONCESSION AGREEMENT THAT THE CITY WOULD AVAIL ITSELF OF WHATEVER CONTRACT REMEDIES WE HAVE RIGHT, I GUESS WHAT I'M SORT OF THINKING IS I MEAN, I WOULD LIKE TO SEE THERE BE SOME SORT OF APPROVAL PROCESS IN FRONT OF THE PLANNING BOARD WHEN YOU KNOW SIMILAR TO A CUP, I UNDERSTAND MAY NOT BE SPECIFICALLY A CUP, BUT HOW DO WE MAKE SURE THAT THE LOADING DOCKS, YOU KNOW ARE IN A PLACE? THAT'S NOT GOING TO DISTURB THE NEIGHBORING BUILDING, YOU KNOW HOW ARE WE GOING TO MAKE SURE THAT THE YOU KNOW? YOU KNOW THAT THERE ARE SUFFICIENT PARKING SPACES THAT'S NOT THAT'S OPEN TO THE PUBLIC, YOU KNOW HOW ARE WE GOING TO MAKE SURE THAT THE SOUND ISN'T TRAVELING TO THE NEIGHBORING UNITS AND AND YOU KNOW, YOU KNOW SO AND SO ON SO FORTH JUST IN TERMS OF ENFORCEMENT. THERE'S NOTHING PREVENTING YOU FROM MAKING ANY OF THOSE RECOMMENDATIONS TODAY SO ARE THOSE SPECIFIC RECOMMENDATIONS REGARDING PARKING SOUND ALL THAT IS THAT SOMETHING WE HAVE TO DO TODAY OR CAN WE MAKE A GENERAL RECOMMENDATION TO THE TO THE COMMISSIONS THAT THERE SHOULD BE A SEPARATE, YOU KNOW APPROVAL PROCESS FOR THE TYPICAL ELEMENTS OF A YOU KNOW I WOULD RECOMMEND THAT ANY ANY MOTIONS YOU MAKE ON THIS APPLICATION RELATE TO THIS APPLICATION IF YOU WANT TO TAKE UP AFTER THIS HEARING UM A DISCUSSION OR MAYBE BRING BACK AT A SUBSEQUENT DATE A DISCUSSION ON WHAT REQUIREMENTS THE BOARD THINKS SHOULD APPLY TO USES ON ON CITY PROPERTY I THINK THAT YOU KNOW THAT THAT'S A MORE LEGISLATIVE POLICY DISCUSSION THAT THE BOARD IS, YOU KNOW IS IS IS WELL EQUIPPED TO TO ENGAGE IN BUT I THINK THAT'S REALLY SEPARATE FROM UH FROM THIS APPLICATION JUST A QUESTION FROM WHAT JONATHAN ASKED. I WASN'T CLEAR ON THE ANSWER SO IF THERE'S LIKE A SANITATION OR THERE'S A NOISE VIOLATION WHAT'S THE PROCESS THAT WOULD BE HOW WOULD THIS BE TREATED? THOSE VIOLATIONS WOULD BE WOULD BE ISSUED TO THE TO THE IF THE VIOLATION ARISES FROM THE CONCESSIONAIRE'S OPERATION OF THE PROPERTY THE VIOLATION WOULD BE ISSUED TO THE CONCESSIONAIRE. NO, BUT I THINK WHAT HER QUESTION IS NICK IS TYPICALLY IF THERE'S MULTIPLE VIOLATIONS IT COMES BACK TO US AND WE CAN ADDRESS IN THE CUP WHAT HAPPENS IN THIS SITUATION WHERE THERE'S NO CUP? I THINK THAT'S WHAT YOU WELL REMEMBER REMEMBER THAT IN MOST CASES DEVELOPMENT DOESN'T REQUIRE A CONDITIONAL USE PERMIT FROM THIS BOARD IT'S ONLY CERTAIN IT'S USES THAT ARE

[02:45:01]

SO IF THERE ARE NOISE VIOLATIONS, IT'S WHAT NICK DESCRIBED IT WAS SIMPLY GO TO A SPECIAL MAGISTRATE OKAY I AM DEFINITELY SYMPATHETIC TO MANY OF THE COMMENTS, YOU KNOW FROM FROM THE CROWD BUT THE VAST MAJORITY OF THEM ARE REALLY CENTERED AROUND THE PROCESS WHICH IS NOT WITHIN OUR PURVIEW, RIGHT? THERE WAS AN RFP THAT WENT OUT.

IT WAS AWARDED TO THE APPLICANT THAT'S IN FRONT OF US TODAY, AND THAT IS NOT WHAT WE'RE WEIGHING ON RIGHT NOW I THINK YOU KNOW THAT WE HAVE AN OPPORTUNITY AS PART OF THE PLANNING BOARD WHICH COMES ALONG NOT TOO OFTEN TO ACTUALLY BE A PART OF PROJECTS THAT HELP TO RE-ESTABLISH MIAMI BEACH AS A DESTINATION I THINK THIS IS ONE OF THEM THE BOUCHER BROTHERS MAJOR FOOD GROUP ARE NAMES THAT ARE SYNONYMOUS WITH GREAT EXPERIENCES AND I THINK JOINING THEM TOGETHER REALLY GIVES US A GREAT OPPORTUNITY TO IDEALLY PROPEL THE CITY FORWARD IN WAYS THAT WE'VE REALLY BEEN TRYING TO DO FOR QUITE SOME TIME AND JUST TO THE COMMENTS THAT WE'VE HEARD ON OCEAN DRIVE THE CITY HAS BEEN TRYING TO DIVERSIFY THE ENTERTAINMENT AND THE OFFERING ON OCEAN DRIVE FOR QUITE SOME TIME SO I FURTHER THINK THAT THIS IS UH, JUST A WAY TO REALLY ESTABLISH IT AS A DESTINATION WITH GREAT POSITIVE UH PROGRAMMING SO FOR THAT I'M SUPPORTIVE AND HOPEFULLY IT'S SOMETHING THAT THAT WILL UH, REALLY PROPEL THE CITY TO NEW HEIGHTS JUST A COUPLE OF QUESTIONS. NUMBER ONE. WHEN DOES THE LEASE ACTUALLY START? SO DOES AT LEAST START ONCE IT'S AWARDED ONCE THEY GET TCO.

HOW DOES THAT WORK? OKAY STARTS AT THE EXPIRATION OF THE CURRENT LEASE AND AGAIN THE THE CONCESSION AGREEMENT WOULD START YOUR QUESTION IS TO THE NEW CONCESSION AGREEMENT, RIGHT? OKAY. GOT IT OKAY SO, UH, THE APPLICANT'S WILLINGNESS TO GO THROUGH A NEW CONSTRUCTION PROCESS I GUESS DIPS INTO OTHERWISE OPERATIONAL TIME THAT THE OTHERWISE WOULD HAVE HAD CORRECT, CORRECT. OKAY, CORRECT JUST JUST KNOW THAT WITHIN THREE MONTHS THE PROPERTY IS GOING TO BE VACANT SO THOSE THAT WANT TO PAUSE THEY'RE NOT REALIZING THAT IN TERMS OF RECOMMENDATIONS WOULD THE APPLICANT BE AGAIN BECAUSE WE WE OBVIOUSLY ARE NOT REALLY WEIGHING IN ON USES BUT WE WOULD LIKE TO HAVE SOME TYPE OF COMFORT FOR NEIGHBORS. WOULD THEY BE OKAY WITH? THINGS SUCH AS NO QUEUING FROM VALET ON OCEAN DRIVE THINGS THAT WE WOULD OTHERWISE TYPICALLY PUT IN TO THINGS THAT ARE IN FRONT OF US I DON'T SEE AN ISSUE WITH THAT AND I THINK WHAT HAPPENS IS LIKE EACH OF YOU ALL ARE GOING TO MAKE RECOMMENDATIONS THAT WILL BE IN ONE OMNIBUS MOTION AT THE VERY END, BUT I CAN SEE YOUR POINT THERE AND THERE'S NO OBJECTION TO THAT I'D LIKE TO MAKE A MOTION ONCE WE GET THROUGH THE REST OF THE COMMENTS. SO I WANT TO MAKE SURE YOU'RE OKAY WITH THAT. OKAY UH, THAT WAS IT THE PUBLIC HEARING IS CLOSED.

MR. CHAIRMAN. YEAH. YEAH, WE'RE NOT GOING TO KEEP GOING NO, THIS PUBLIC HEARING IS CLOSED.

YOU SHOULD NOT MAKE ANY MORE COMMENTS NO, MR. CHAIRMAN IS CLOSED GO AHEAD THE WAY THE CONCESSION AGREEMENT IS STRUCTURED IS THAT THE 10 YEARS DOES NOT BEGIN UNTIL CONSTRUCTION IS COMPLETE THAT IS THE ACTUAL FACT AND YOU CAN ASK THE CITY ATTORNEY.

OKAY FINE ANY NO, NO, JUST PLEASE ALL RIGHT, SO I DON'T WANT TO BE TOO REDUNDANT THE ONE YOU KNOW I ALWAYS TELL EVERYBODY THAT LISTEN TO THESE HEARINGS THAT YOU KNOW WE HAVE A VERY DIFFICULT POSITION AS A PLANNING BOARD TO ENCOURAGE GREAT DEVELOPMENT AND GOOD OPERATIONS WITH QUALITY OF LIFE FOR THE RESIDENTS THE ONE THING I'M HAPPY TO HEAR UNIVERSALLY AND AND YOU KNOW AS ANDREW SAID EARLIER REASONABLE MINDS CAN DIFFER AND OBVIOUSLY WE HEARD A TON OF RESIDENTS IN FAVOR WE HEARD SEVERAL IN OPPOSED SO AND I EVERYONE HAS MIAMI BEACH'S BEST INTEREST AT HEART SO OBVIOUSLY REASONABLE MINDS CAN DIFFER BUT THE ONE THING THAT I DON'T THINK WAS IN DISPUTE WAS A QUALITY OF THE BOUCHER BROTHERS OPERATION, UH, THE MAJOR FOOD GROUP. I THINK UNIVERSALLY EVERYBODY FEELS VERY HIGHLY ABOUT THEIR COMPETENCE THEIR DESIRE TO MAKE THE NEIGHBORHOOD A BETTER PLACE AND UM, I THINK THAT AT LEAST FOR ME THAT'S VERY IMPORTANT I THINK THE OPERATOR IS CRITICAL AND AND AND I THINK EVERYONE IS IN AGREEMENT THAT THE BOUCHER BROTHERS ARE ELITE IN THAT IN THAT AREA ADDRESSING THE THE PROCEDURAL PROBLEMS BASED UPON WHAT I'M HEARING FROM THE CITY ATTORNEY I DON'T THINK WE HAVE A JURISDICTIONAL ISSUE. I DO APPRECIATE ALL OF YOUR ARGUMENTS. I THINK THEY WERE WELL CRAFTED I READ EVERY ONE OF YOUR LETTERS UM AND I

[02:50:02]

THEY SAID THAT UNDER OATH THE NEW PROJECT UM I AM SYMPATHETIC TO SOME OF THE CONCERNS BY THE OTHER RESIDENTS WHICH HOPEFULLY IN SOME MOTIONS TO UH, TO ASK THE COMMISSION TO THINK ABOUT THOSE THINGS THAT THOSE CAN BE ADDRESSED BUT GENERALLY I AM IN FAVOR OF THIS PROJECT MOVING FORWARD. I THINK UM IT'S IT'S A BEAUTIFUL DEVELOPMENT. I THINK IT HAS LANGUISHED SADLY AND I THINK UH, IT COULD BE KIND OF A JEWEL TO TO OCEAN DRIVE. I THINK THE BETSY JONATHAN WAS HERE EARLIER. I THINK THAT'S ANOTHER JEWEL TO THE NEIGHBORHOOD UM SO, UH WITH UH WITH THE THOUGHT THAT WE WILL MAKE RECOMMENDATIONS THAT THE COMMISSION THINK ABOUT I'M VERY SUPPORTIVE OF THE PROJECT MELISSA SO I'M KEEPING IT SHORT SO I'M UM BASICALLY ECHOING WHAT MY UH, WHAT BRIAN SAID AND SO IN SUPPORT OF THE PROJECT AS WELL I THINK WE'VE ATTRACTED NOT ONLY WE KEEP WE KEEP MENTIONING THE BOUCHER BROTHERS AND MAJOR FOOD GROUP BUT WE ALSO HAVE AN IMPORTANT ARCHITECT THAT'S DOING THE DESIGN OF THE BUILDING TOO, SO UM, SO I THINK IT'S A WIN FOR FOR THE BEACH AREA TYPICAL OF ANY PROJECT THE CONCERNS FROM THE RESIDENTS ARE VALID.

IT'S NOISE TRAFFIC AND PARKING SO IT'S FOR THE COMMISSION FOR I THINK WE NEED TO MAKE RECOMMENDATIONS TO MAKE SURE THE COMMISSION IS SENSITIVE TO THAT UM, BUT UH I THINK OVERALL IT'S A POSITIVE PROJECT FOR THE NEIGHBORHOOD AND FOR OTHER BUSINESSES AROUND THERE TO TO INCREASE FOOT TRAFFIC AND TO BE UH PATRONAGE OF THESE THE OTHER BUSINESSES AROUND. THANK YOU UM EVERYONE'S SENTIMENTS HERE. UM I THINK THAT WE NEED TO ADDRESS THE LGRS THAT WE NEED TO CHANGE. DOES THAT HAVE TO BE ADDRESSED IN THE RECOMMENDATION? UM, YES WE HAVE YES WHAT WE'RE RECOMMENDING IS WHATEVER THE BOARD, UH DETERMINES AS TO YOUR RECOMMENDATION ON THE ON THE PROPOSED USE THAT YOU INCLUDE A RECOMMENDATION THAT THE CITY COMMISSION AMEND THE COMPREHENSIVE PLAN BECAUSE CURRENTLY THE USE IS NOT CONSISTENT WITH THE COMP PLAN I THINK WE SHOULD ADDRESS PARKING HOW THE PROJECT IS BEING BUILT AND WHEN IT'S BEING BUILT I THINK WE NEED TO TALK ABOUT I'M GOING TO SUPPORT THIS BECAUSE I'LL LISTEN TO THE NEIGHBORS AND WE CAN'T HAVE THIS SITTING HERE UM, AND I KNOW THAT THERE'S ALL SORTS OF PROCESSES AND THINGS THAT ARE OBJECTIONABLE, BUT THAT'S NOT IN MY PURVIEW UM AND I DO THINK THAT WE NEED TO HAVE SOMETHING GOOD IN THE SOUTH FIFTH UM I'D LIKE TO TALK ABOUT ALL THESE OTHER THINGS IF WE COULD THE OTHER OKAY, SO UM SORRY MOTION.

YEAH, I WAS GONNA SAY WE CAN MAKE A MOTION AND THEN WE CAN HAVE A SECOND DISCUSSION WITH MOTIONS AS TO WHAT WE'D LIKE THE COMMISSION TO CONSIDER SO SHOULD THE MOTION MEANING TWO SEPARATE THINGS OR SHOULD RIGHT FOR NOW? IT SHOULD BE EITHER YOU WANT TO MAKE A MOTION A FAVORABLE RECOMMENDATION OR AN UNFAVORABLE RECOMMENDATION OKAY, I'D LIKE TO MAKE A MOTION TO APPROVE WITH A FAVORABLE RECOMMENDATION I'LL SECOND. OKAY. YOU WANT TO DO A ROLL CALL, PLEASE? AND JUST TO JUST TO CLARIFY IT'S A MOTION TO TRANSMIT A FAVORABLE RECOMMENDATION, YEAH UH, MR. NEEDLEMAN. YEAH. YEAH LATONE YES, MR. FRIEDEN. YES, MR. CEMENT. YES, MISS BEADY. YES, MR. MARKS. YES, MR. ELIAS.

YES OKAY, SO THAT PASSES NOW, UM, UH, SCOTT JONATHAN, WHO CAN I MAKE A MOTION? SURE UM, AND IT RELATES TO WHAT ELIZABETH SAID, UH KNOWING THE AREA IF THERE I WOULD UH LIKE TO PUT A MOTION IN THAT WE RECOMMEND THAT THE CITY LOOK AT ALTERNATIVE PLACES DURING THE PERIOD THAT 72 SPACES ARE GONE UH, WHETHER IT'S PAYING FOR PRIVATE AREAS LIKE JOE'S THAT MAY HAVE SPACES OR GARAGES, BUT SOMEHOW FIND A WAY THAT THOSE IN THAT COMMUNITY THAT USE THOSE 72 SPACES CAN CONTINUE TO EVEN THOUGH THEY MAY HAVE TO WALK A LITTLE BIT YEAH, SO WHAT I WANT TO DO. I WANT TO WE WANT TO PUT ALL THESE RECOMMENDATIONS INTO ONE MOTION INTO ONE YEAH, SO THAT'S MY ONE. OKAY, THAT IS MY PARKING IS THERE A PUBLIC PARKING LOT OWNED BY THE CITY NEARBY? DO WE HAVE SOMETHING BECAUSE THAT IS A CITY PROJECT? SO THERE'S A PRIVATE PARKING LOT BECAUSE I USED IT THE OTHER DAY. YEAH THERE THERE'S VERY FEW PUBLIC PARKING LOTS. I MEAN THERE'S SOUTH POINT PARK IS

[02:55:02]

OKAY I'D LIKE TO ALSO TALK ABOUT UM THAT WE RECOMMEND TO THE CITY THAT UM, THERE BE A PROCESS FOR FUTURE LAND USES AND HOW WE ADDRESS THOSE KINDS OF THINGS IF THERE ARE VIOLATIONS IF THERE'S THINGS LIKE THAT THAT YOU HAD MENTIONED BEFORE THAT WE ARE YOU TALKING ABOUT SEPARATE FROM THIS APPLICATION BECAUSE I THINK RIGHT THIS MOTION IS YES I THINK THAT THAT'LL BE A SECOND DISCUSSION. THAT'LL BE A SEPARATE DISCUSSION ITEM. ALL RIGHT, YOU WANT TO DO THAT? YEAH, BUT HOLD ON. LET ME JUST GO DOWN THE ROAD. I WENT TO THE MOTION THAT THERE BE DOWN THE LINE EITHER ONE OR MULTIPLE MEETINGS WITH THE APPLICANT WITH CITY STAFF WHERE THE APPLICANT PRESENTS ALL THE OPERATIONAL ASPECTS OF THE PROJECT LIKE VALET LOADING HOW THE CARS ARE GOING TO QUEUE? UM TO THE PUBLIC PUBLIC MEETINGS AND AND ALSO GIVE WHICH GIVE THE PUBLIC AN OPPORTUNITY TO COMMENT ON THAT AND HOPEFULLY MAYBE INCORPORATE SOME OF THOSE SUGGESTIONS INTO WHATEVER THE FINAL UM I GUESS WOULD BE THE CONCESSION AGREEMENT IT WOULD BE THE THE IT WOULD BE THE CITY I THINK WHAT YOU'RE SAYING IS PRIOR TO THE CITY COMMISSION'S FINAL APPROVAL OF THE USE BECAUSE REMEMBER THIS RECOMMENDATION WILL GO TO THE CITY COMMISSION AND THEN THE CITY COMMISSION WILL HAVE TO VOTE ON WHETHER TO APPROVE THE USE AND BY THE WAY AGREED RESIDENTS OR INTERESTED RESIDENTS HAVE THE RIGHT TO GO TO THAT HEARING, CORRECT? AND CORRECT THAT WILL ALSO BE THAT WILL ALSO BE A PUBLIC HEARING BEFORE THE BEFORE THE FINAL APPROVAL BY THE COMMISSION THAT THERE'D BE A PUBLIC MEETING AS I DESCRIBED NOT REALLY SURE SO YOU YOUR RECOMMENDATION SCOTT IS JUST FOR AN ADDITIONAL PUBLIC MEETING TO JUST WITH WITH THE APPLICANT AND CITY STAFF TO DISCUSS THE OPERATIONS, AND I GUESS MAYBE BUT NOT LIMITED TO PARKING NOISE. YEAH, MAYBE THE CITY STAFF COULD ACTUALLY UM HEAD THE MEETING AND TALK ABOUT OR THE APPLICANT THE APPLICANT PRESENTS AND YOU TALK ABOUT THE THE THE ALL THE OPERATIONS AND BASICALLY TAKE THE COMMENT AND KIND OF TRY TO I WANT TO SAY INCORPORATE ANYTHING THAT YOU FIND, UH VALID INTO THE CONCESSION AGREEMENT OR AT LEAST YOU MAKE THAT RECOMMENDATION TO THE COMMISSION YEAH, REMEMBER THE AGREEMENT IS IS IS IS EXECUTED. SO SO ANY RECOMMENDATIONS THAT YOU MAKE TODAY ARE FOR THE CITY COMMISSION TO CONSIDER? UM WHEN IT REVIEWS THE USE CAN WE ADDRESS NOISE YOU CAN MAKE RECOMMENDATIONS WE CAN YEAH, OKAY UM CAN MAY I SPEAK YET? OKAY UM, I'D LIKE TO TALK ABOUT HOW YOU'RE GOING TO ADDRESS THE NOISE MITIGATION AND THINGS LIKE THAT BECAUSE I DON'T KNOW EXACTLY WHAT THE PLAN IS. THIS IS VERY ODD SO, UM CAN WE TALK ABOUT THAT A LITTLE BIT? SURE, SO, YOU KNOW THE CONCESSION AGREEMENT DOES NOT IN ANY WAY WIPE OUT THE CITY'S NOISE REGULATIONS THERE'S ONE REGULATION THAT SAYS AT NO TIME CAN ANY PROPERTY OWNER MAKE NOISE THAT'S UNREASONABLY LOUD THAT REMAINS IN PLACE. ARE YOU GOING TO HAVE SPEAKERS ON THE BEACH AND THINGS LIKE THAT OR NOTHING ON THE BEACH NOTHING ON THE BEACH NO, AND THEN THE SECOND NOISE REGULATION, WHICH IS REALLY ALMOST NOT RELEVANT BECAUSE OUR VENUE SHUT DOWN AT 11 P.M. BUT LIKE AFTER 11 P.M YOU CAN'T MAKE NOISE AS PLAINLY AUDIBLE WITH 100 FEET OF YOUR PROPERTY AND THAT'S ALMOST IT'S IRRELEVANT BECAUSE WE'RE NOT GOING TO BE OPEN THAT LATE CAN YOU GUARANTEE ON ENTERTAINMENT AS LONG AS WE'RE THINKING OUT OF THE BOX ARE YOU ABSOLUTE CAN WE? I MEAN MY RECOMMENDATION IS TO THAT IS A A GIVEN NOT A MAYBE UM I'M, NOT A LAWYER, BUT YOU KIND OF HEDGED A LITTLE BIT ON THAT. IS THERE GOING TO BE LIVE ENTERTAINMENT INSIDE OR OUT INCLUDING DJS UNDER THE CONCESSION AGREEMENT.

WE CAN'T OKAY I'M JUST ASKING THESE QUESTIONS BECAUSE THIS IS YEAH, BUT I JUST WANT TO DO IT. WELL, YEAH, I MEAN I'M JUST TRYING TO THINK OF A WORD TO SCOTT'S POINT I MEAN, THERE'S SO MANY THINGS THAT THE CITY EXACTLY PLANNING DEPARTMENT NORMALLY REVIEWS AS PART OF A CU PIECE I'M NOT SAYING THAT THEY NECESSARILY NEED TO DO EVERY SINGLE THING BUT YOU KNOW, IT'S JUST SOMETHING I THINK WE'RE NEVER GONNA BE HERE TO YOU KNOW, WE'LL BE HERE ALL DAY IF WE'RE TALKING ABOUT EVERY INDIVIDUAL ELEMENT WHAT I'M SAYING IS MAYBE JUST HAVE A

[03:00:01]

I MEAN NEVER ISN'T IT A GIVEN THAT THE CITY'S GOING TO GO THROUGH THIS EXERCISE AM I MISSING SOMETHING? UM, YES, TYPICALLY THAT WOULD BE A REQUIREMENT AND DURING THE BUILDING PERMIT PROCESS AS WELL WE HAVE AN ADDITIONAL TRANSPORTATION REVIEW. SO RIGHT NOW THERE'S ALSO A TRANSPORTATION REVIEW WHICH INCLUDES LOADING AND DELIVERIES AT THE DESIGN REVIEW BOARD LEVEL DISCUSSION. SO UM YOU KNOW SOME OF THAT WILL BE INCORPORATED INTO THE DESIGN REVIEW BOARD ORDER BECAUSE THAT WILL ACTUALLY BE AN APPROVAL, RIGHT? SO UM, I BELIEVE THE TRAFFIC QUEUING AND PARKING AND LOADING ARE BEING LOOKED AT BY THE DESIGN REVIEW BOARD THROUGH OUR TRANSPORTATION. I JUST FEEL LIKE WE'RE MAKING RECOMMENDATIONS THAT ARE KIND OF GIVEN BUT BUT IF THEY'RE NOT THEN THAT'S WHEN I WANT THEM TO BE IN A MEMORIALIZED MOTION DO YOU UNDERSTAND WHAT I'M SAYING? I I ABSOLUTELY DO AND I THINK FOR THE THE TWO RECOMMENDATIONS THAT WE'VE HEARD SO FAR WHICH ARE THE PARKING THE 72 PARKING SPACES IN THE PUBLIC MEETING YOU KNOW WOULD NOT BE NORMAL COURSE OF OF BUSINESS FOR US. SO THAT'S A RECOMMENDATION IN TERMS OF YOU KNOW, THE NO ENTERTAINMENT. THEY'RE NOT PROPOSING ENTERTAINMENT, BUT YOU COULD CERTAINLY MAKE A RECOMMENDATION TO FOR THE CITY COMMISSION.

WELL, I'D LIKE TO MAKE A RECOMMENDATION TO MEMORIALIZE THAT THEY HAVE TO FOLLOW THE CODE OF SOUTH OF FIFTH UM BECAUSE NICKY'S BEACH WITHOUT GETTING THE HISTORY WAS GRANDFATHERED AND JUST LIKE WE GOT RID OF STORY IT IS IMMENSELY POPULAR AMONGST THE RESIDENTS NOT TO HAVE LIVE ENTERTAINMENT OUT ON THE BEACH IN THAT AREA WHICH WE'VE LIVED WITH FOR 20 PLUS YEARS, SO I'D LIKE TO MAKE A RECOMMENDATION THAT THAT IS A FIRM ALL RIGHT COMMITMENT OKAY GOING FORWARD ANYTHING ELSE JUST MY PREVIOUS COMMENT ABOUT NO QUEUING ON OCEAN DRIVE UM TO THE BEST OF THEIR ABILITY AND ALSO THAT THEY OFFER PROGRAMMING FOR COMMUNITY MEMBERS SIMILAR TO WHAT I THINK ONE OF THEM COMMUNITY MEMBERS MENTIONED NICKY BEACH OFFERED. WAS IT THE MOMMY IN ME? I DON'T KNOW WHAT'S I THINK THERE WAS A MOMMY IN ME THAT THAT WAS BEING OFFERED ON NICKY BEACH WHATEVER PROGRAMMING COMMUNITY MEMBERS SEEM TO LOVE I'M SURE THERE'S GONNA BE SOME OUTREACH FROM THE BOUCHER BROTHERS MAJOR FOOD GROUP JUST INCORPORATE THEM INTO WHATEVER NEW OFFERING THEY HAVE WE CAN TALK TO THAT GROUP I THINK IT'S GREAT THAT PINRAW HAS OFFERED TO HAVE THEM MEET THERE ONCE A WEEK AND WE DON'T CONTINUE THAT TRADITION THAT'S ALL I HAVE ALL RIGHT ANYTHING ELSE IF WE MOVE IT, ALL RIGHT, SO KEEP GOING MAKE A MOTION THAT I'M, SORRY BACK THE UM YES, I CAN READ BACK THE RECOMMENDATIONS. YEAH, PLEASE UM, OKAY WITH THE RECOMMENDATION THAT ALTERNATIVE LOCATIONS, UM BE EXPLORED BY THE CITY TO PROVIDE 72 PARKING SPACES TO THE PUBLIC WITHIN THE GENERAL NEIGHBORHOOD WHICH COULD INCLUDE PARKING PRIVATE PARKING, UH LOTS. YES THE SECOND RECOMMENDATION WAS THAT AN ADDITIONAL PUBLIC MEETING BE HELD WITH CITY STAFF PRESENT THE APPLICANT PRESIDENT PRESENT AND UM SPECIFICALLY TO DISCUSS WITH THE PUBLIC UP THE OPERATIONAL PLANS INCLUDING NOT LIMITED TO VALET LOADING PARKING NOISE AND OTHER TYPES OF OPERATIONAL ISSUES THE NEXT RECOMMENDATION IS TO REAFFIRM THAT THE NO ENTERTAINMENT PROVISION IN THE AGREEMENT WILL BE MAINTAINED UM BY THE CITY COMMISSION UM AND ANOTHER RECOMMENDATION THAT NO VEHICLE QUEUING SHALL OCCUR ON OCEAN DRIVE AND FINALLY THAT THE APPLICANT PROVIDE PROGRAMMING FOR COMMUNITY MEMBERS GOOD GOOD. ALL RIGHT. SORRY. THE LAST THING I WOULD SUGGEST IS TO I WANT TO MAKE SURE IT'S IN YOUR MOTION THAT OH THE ABOUT THE LDR, RIGHT? CORRECT THAT THAT THIS THAT THE CITY COMMISSION AMEND THE COMPREHENSIVE PLAN, UH, EITHER PRIOR TO OR AT THE SAME TIME OR CONCURRENTLY WITH THE WITH THE REVIEW OF THE FINAL OF THE UM OF THE WHICH NICK IS REQUIRED, RIGHT? IS REQUIRED, RIGHT? YEAH, SO OKAY, WE'RE GOING TO RECOMMEND THEY DO WHAT'S REQUIRED. YES, OKAY YES, OKAY I'LL MAKE A MOTION TO APPROVE THOSE.

WELL, NO, IT'S A RET SEND ON THOSE RECOMMENDATIONS ON THOSE RECOMMENDATIONS ALONG WITH THE AFFIRMATIVE OKAY, CAN WE GET A SECOND? I'LL SECOND OKAY THAT I'LL ASK ALL IN FAVOR. I ANYONE OPPOSED ALL RIGHT. SO I WANT TO THANK ALL OF YOU FOR YOUR PRESENTATIONS

[03:05:01]

MR. CHAIRMAN. WE'LL BE BACK IN APRIL AS I SAID FOR OUR SMALL-SCALE AMENDMENT AND BY THE WAY, I WAS WRONG.

I'M NOT THE TRANSACTIONAL ATTORNEY THE COMMENCEMENT DATE OF THE CONCESSION AGREEMENT IS WHEN WE ARE OPERATIONS ARE FULLY OPEN TO THE PUBLIC. IT'S NOT WHEN PENROD'S LEASE ENDS, WHICH IS MAY 6 JUST FOR A POINT OF CLARIFICATION.

[16. PB25-0804, Administrative Review of Temporary Surface Parking Lots]

I THINK IT'S A GREAT IDEA.

OKAY, AND I REALLY APPRECIATE IT YES, CAN I GET A SECOND SECOND? GREAT ALL IN FAVOR

[17. PB25-0806, 2040 Comprehensive Plan Evaluation and Appraisal Report (EAR).]

[03:10:01]

SO AS LONG AS THEY'RE PROPERLY MAINTAINED THEY COULD LEAVE THEM EMPTY FOR YEARS. YEAH OKAY, AND ALSO LIKE JUST KIND OF THE LITTLE RETAIL ONE-ON-ONE KIND OF THING SOMETIMES THERE ARE LEASES THAT ARE ALREADY IN PLACE LIKE FOR INSTANCE ON LINCOLN ROAD AMAZON GO WAS GOING TO OPEN UP ON LINCOLN ROAD. WELL, IF YOU'VE GOT A TENANT THAT THIS IS JUST KIND OF JUST OFF TOPIC A LITTLE BIT, BUT IF YOU HAVE A TENANT THAT'S ALREADY SIGNED A LEASE THAT SAY IT'S 20 YEARS AND THEY DECIDE NOT TO OPEN THEY'RE STILL ON THE LEASE. YOU CAN'T DOUBLE LEASE IT SO THEY'RE ALREADY THE LANDLORD'S ALREADY COLLECTING RENT AND THEY CAN'T GO BACK AND AND LEASE IT TO SOMEBODY ELSE AND I CERTAINLY WOULDN'T LET AMAZON OFF THE HOOK IF I IF I'M, YOU KNOW, BUT THOSE ARE JUST THAT'S JUST HOW RETAIL IS I MEAN EVERYBODY SEEMS TO SEE THAT THAT WE HAVE ALL THESE SO THEY CAN EXCUSE ME SPACES, BUT THEY DON'T REALIZE THAT A LOT OF THEM ALREADY LEASED AND THEY CAN'T JUST CAN'T JUST GO LEASE IT TO SOMEBODY ELSE. SO I JUST THOUGHT OF YEAH, I'M JUST CURIOUS BECAUSE THERE'S JUST A LOT OF OPEN, YOU KNOW VACANCIES THAT HAVE BEEN THERE FOREVER AND I DIDN'T KNOW IF THERE'S ANYTHING THE CITY COULD DO TO INCENTIVIZE THAT NOT HAPPENING.

BUT ALL RIGHT, LET'S FINISH WITH THE LAST ITEM, IT'S UM PLANNING BOARD FILE 25. OH SIX.

OH EIGHT. OH SIX TO 2040 COMPREHENSIVE PLAN EVALUATION AND APPRAISAL REPORT ALL RIGHT, MR. CHAIR. THANK YOU. THIS IS PRETTY SIMPLE. UM APPLICATION THIS IS UM AN ORDINANCE THAT THAT IS REQUIRED, UH FOR THE CITY TO BE IN COMPLIANCE WITH FLORIDA STATUTES UM, THE STATE IS NOW REQUIRING, UH, THE CITY TO APPLY A SECONDARY 20-YEAR PLANNING HORIZON TO ITS COMPREHENSIVE PLAN SO THE PROPOSAL WOULD BE HAVE THE COMPREHENSIVE PLAN BE UPDATED TO 2050 CURRENTLY. IT'S 2040 WHICH WOULD SATISFY THAT RECOMMENDATION THAT REQUIREMENT? UM, THERE'S ALSO SOME MINOR UH AMENDMENTS TO REMOVE OBSOLETE OUTDATED TERMINOLOGY LIKE THE SOUTH POINT REDEVELOPMENT AREA WHICH NO LONGER EXISTS THAT HAS SUNSETTED AND TO ADD THE NORTH BEACH CRA WHICH IS A NEW CRA.

IT'S NOT CURRENTLY IN THE COMPREHENSIVE PLAN SO WITH THAT STAFF IS RECOMMENDING APPROVAL AND HAPPY TO ANSWER ANY QUESTIONS. YOU MAY SOUNDS LIKE WE HAVE TO RIGHT? I MEAN IT IS YES, THIS IS TO BE IN COMPLIANCE WITH STATE LAW AND THEN THE OTHER CHANGES ARE JUST MINOR TO TO REMOVE SOME OBSOLETE.

YEAH LANGUAGE, RIGHT? BUT THE OTHER OKAY THE OTHER STATUTORY, OKAY ANYONE IN CHAMBERS, I DOUBT YOU'RE HERE FOR THIS.

OKAY ANYONE ON ZOOM? OKAY MOTION TO APPROVE MOTION TO APPROVE. DO WE HAVE A SECOND? OKAY ALL IN FAVOR AYE ALL OPPOSED. ALL RIGHT, IT PASSES YOUR LUNCH IS HERE GUYS AND LADIES PERMISSION I LOVE YOU KNOW, HOW THERE'S ALWAYS HIDDEN AGENDAS LIKE THAT. THE BOUCHERS ARE PAIN. I MEAN FOREIGN YOU

* This transcript was compiled from uncorrected Closed Captioning.