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[00:00:02]

ALL RIGHT.

GOOD MORNING EVERYONE.

UM, HIS FAVORITE LINE.

WELCOME TO THE, UH, FEBRUARY 10, PLANNING BOARD MEETING MARCH 10TH, FULL ATTEND MARCH TODAY.

I'M SORRY, MARCH.

YOU'RE RIGHT.

MARCH 10TH.

UM, WE

[1. FEBRUARY 3, 2026 MEETING ]

ARE GOING TO START BY APPROVING THE MINUTES FROM OUR FEBRUARY MEETING, IF I COULD GET A MOTION TO DO THAT.

MOTION TO APPROVE.

OKAY.

CAN I GET A SECOND? SECOND, SECOND, ELIZABETH.

ALL IN FAVOR? AYE.

AYE.

ANY OPPOSED? NO.

OKAY.

WE'RE APPROVING THE MINUTES AND

[CITY ATTORNEY UPDATES]

I WILL NOW TURN IT OVER TO OUR ESTEEMED CITY ATTORNEY, NICK.

THANK YOU.

GOOD MORNING.

OH, I'M SORRY, .

IT'S TWO FOR TWO.

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

THOSE WISHING TO PARTICIPATE IN TODAY'S MEETING VIA ZOOM MAY DIAL THE TOLL FREE NUMBER, WHICH IS 8 7 7 8 5 3 5 2 5 7, AND ENTER THE WEBINAR ID, WHICH IS 8 6 1 4 3 4 2 6 3 2 7 POUND, OR LOG INTO THE ZOOM APP AND ENTER THE WEBINAR ID, WHICH AGAIN IS 8 6 1 4 3 4 2 6 3 2 7.

INDIVIDUALS WISHING TO SPEAK ON AN ITEM MUST CLICK THE RAISE HAND ICON IF THEY'RE USING THE ZOOM APP, OR DIAL STAR NINE IF THEY'RE PARTICIPATING BY PHONE.

BEFORE I SWEAR IN THOSE WHO ARE TESTIFYING, I'M GOING TO READ INTO THE RECORD THE CITY'S NOTICE REGARDING LOBBYIST REGISTRATION.

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

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

YOU DO NOT HAVE TO REGISTER IF YOU ARE SPEAKING ONLY ON BEHALF OF YOURSELF.

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

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

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

I'LL NOW SWEAR ON EVERYONE WHO IS PHYSICALLY PRESENT IN THE COMMISSION CHAMBERS AND INTENDS TO TESTIFY.

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

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

, DO YOU SWEAR OR AFFIRM THAT THE TESTIMONY YOU'LL BE GIVING IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? I DO.

YES.

THANK YOU.

THANK YOU, SIR.

OKAY.

WE'RE, UH, GONNA START WITH

[2. PB24-0684 A.K.A. PB 1481-A, 1921 COLLINS AVENUE – MYNT. PROGRESS REPORT DUE TO CODE VIOLATIONS.  ]

PROGRESS REPORTS.

PLANNING BOARD FILED 24 0 6 8 4, UH, MINT LOUNGE, AND I HAVE TO, I'M GONNA TAKE A LITTLE BIT OF A TERM AND PRIVILEGE TO, I WAS TELLING DEBORAH EARLIER THAT, THAT I HAVE TO CONGRATULATE MINT BECAUSE CLUBS NORMALLY DON'T HAVE A LONG LIFE , AND IT'S BEEN THERE SINCE I WAS IN HIGH SCHOOL, SO I'M VERY PROUD OF THAT.

.

WELL, THAT'S GREAT.

AND YOU KNOW, TO THAT POINT, MY NAME IS BOB DELA FUENTE LAW OFFICES AT 1200 BRICK AVENUE.

I AM HERE TODAY ON BEHALF OF MINT LOUNGE.

UM, SO YES, YOU'RE CORRECT.

MINT HAS BEEN AROUND FOR A LONG TIME.

VERY GOOD CITIZEN OF THE CITY, GREAT OPERATOR.

IN FACT, NOT ONLY HAS MINT LOUNGE BEEN THERE FOR SO LONG, BUT WITH ME TODAY ARE THE NEW OWNER, DAN SCRUM AND THE 20 YEAR MANAGER OF MINT LOUNGE, ANDY MEYER.

UM, SO THERE'S CONTINUITY HERE, EVEN THOUGH THERE IS NEW OWNERSHIP.

WE ARE HERE TODAY BECAUSE THERE WAS AN ISSUE ON JANUARY 24TH WHERE THERE WAS AN UNEXPECTED SIMULTANEOUS ARRIVAL OF A BUNCH OF PRE-PURCHASE TICKET HOLDERS, UM, WHICH RESULTED IN BLOCKING OF A SIDEWALK.

SO SINCE THEN, UM, MINT HAS BEEN VERY PROACTIVE AS, AND I'VE PASSED OUT PHOTOS OF BEFORE AND AFTER, AND YOU'LL SEE THAT THE NUMBER OF STANCHIONS HAS MORE THAN DOUBLED, WHICH MORE THAN DOUBLED THE ABILITY TO CUE PEOPLE.

SO NOW THEY HAVE TWO LINES THAT ARE COMING IN, UM, SO THAT THAT WILL NEVER BE ANOTHER ISSUE.

THEY'VE ALSO ADDED TWO SECURITY PEOPLE TO COME OUT IN THE EVENT THAT THERE IS OVERCROWDING LIKE THAT, OR IT'S POTENTIAL OVERCROWDING TO COME AND MANAGE THE CROWD.

SO THAT HAS NOT BEEN AN ISSUE SINCE THEN.

AND THEY'VE HAD SIMILARLY WELL ATTENDED EVENTS SINCE THEN, AND IT HAS NOT BEEN AN ISSUE.

THE OTHER ISSUE IS, OF COURSE, UM, RESPONSIBILITY FOR SPECIAL EVENTS AND THEY REAFFIRM THEIR, UH, WILLINGNESS AND THEIR COMMITMENT TO DOING THAT.

UM, SO I THINK IT'S IMPORTANT TO ALSO NOTE THAT, UM, EVEN THOUGH THERE WAS OVERCROWDING ON THE SIDEWALK, THEY WERE NEVER OVER CAPACITY.

YOU'LL SEE IN THE STAFF REPORT THAT THEY WERE WELL BELOW WHEN THE FIRE MARSHAL WENT INSIDE TO SEE WHAT WAS HAPPENING.

SO, UM, THIS WAS JUST A LOGISTICAL ISSUE THAT HAS, HAS BEEN DEALT WITH.

UM, AND, UM, I KNOW THAT DEBBIE HAS MENTIONED ALSO, DEBBIE, DID YOU WANNA YEAH, I JUST, I, UM, AS WE WERE PREPARING, UH, FOR THIS MEETING, I, WE DID SOME RESEARCH AND UNFORTUNATELY THERE WAS A RECENT WARNING FOR NOISE, A

[00:05:01]

NOISE VIOLATION.

IT WASN'T A VIOLATION ISSUED, IT CODE WENT OUT THERE.

THEY DID BELIEVE THAT THERE WAS AN ISSUE WITH NOISE AND THEY ISSUED A WARNING ON FEBRUARY 22ND, NO VIOLATION.

THE WARNING.

JUST A WARNING.

CORRECT.

UM, AND IF YOU LOOK THROUGH THE 20 PLUS YEAR HISTORY OF THIS PROPERTY, UM, THEY HAVE BEEN VERY GOOD OPERATORS.

THERE HAVE BEEN VERY LIMITED, UM, COMPLAINTS AND OR VIOLATIONS FOR THIS PROPERTY.

SO, UM, YOU KNOW, WE WERE A LITTLE SURPRISED WHEN WE SAW THE, THE PHOTOGRAPHS OF ALL THE, THE OVERCROWDING ON THE SIDEWALK.

BUT IN GENERAL, IT'S, IT APPEARS AT LEAST THAT THIS IS A ONE-OFF AND THAT THEY HAVE DONE PROACTIVE MEASURES TO, UM, TO NOT HAVE THIS HAPPEN IN THE FUTURE.

SO I THINK STAFF IS, IS PRETTY CONFIDENT, UM, THAT THEY, AGAIN, WITH THESE PROACTIVE MEASURES THAT ARE IN PLACE NOW THAT THEY SHOULD NOT HAVE ANY MORE PROBLEMS. UM, IT'S UP TO THE BOARD IF YOU WOULD LIKE TO BRING THEM BACK IN A COUPLE MONTHS, UM, JUST TO, JUST TO SEE IF THEIR NEW MEASURES ARE ACTUALLY WORKING.

OKAY.

IS THERE ANYBODY ELSE IN CHAMBERS SPEAK ON THIS? ANYBODY ON ZOOM? OKAY.

YEAH, I, I'VE NEVER HEARD OF, UH, IN ALL THE YEARS I'VE BEEN ON PLANNING, I'VE NEVER HAD MIN COME BEFORE ME, SO I, I'M FINE DISMISSING IT, BUT I'LL LET ANY QUESTIONS WITH NO, I'M FINE.

OKAY.

ANYBODY ELSE? I'M FINE.

I JUST WANTED TO SAY A COUPLE THINGS.

UM, NUMBER ONE, LOOKING AT THE PICTURE VERSUS WHAT YOU ARE PROPOSING, YOU KNOW, I'M NOT SURE THAT'S GONNA ADDRESS IT, BUT, YOU KNOW, I'M KIND OF GIVING YOU GUYS THE BENEFIT OF THE DOUBT AND YOU GUYS ARE THE PROFESSIONALS AND YOU'VE HANDLED YOURSELF WELL OVER THE YEARS.

AND SO I JUST, I I'M IN FAVOR OF CLOSING THIS OUT.

I JUST WANTED TO, THAT'S AN OBSERVATION I HAVE IS, YOU KNOW, WILL THAT, THOSE EXTRA TWO BARRIERS HELP OR FIX THE PROBLEM? NUMBER TWO IS THAT, I GUESS THE QUESTION OF MUSIC, WHEN THE CODE COMPLIANCE OFFICERS WALKED UP, THEY HEARD MUSIC FROM THE ESTABLISHMENT AND THEY HAVEN'T DONE A CLOSE REVIEW OF THIS, BUT, YOU KNOW, I DON'T KNOW, UH, I DON'T THINK THERE'S SUPPOSED TO BE REALLY MUSIC BEING HEARD ON THE OUTSIDE.

AND SO THAT'S ANOTHER THING THAT, TO CAUTION YOU ALL THAT, TO FIND A WAY TO FIX THAT BECAUSE THAT'S WHAT'S GONNA FLAG THESE ISSUES.

I THINK THE, THE CROWDING ON THE STREETS AND LOUD MUSIC COMING FROM THE SOUTH, ASSUMING THE DOORS MUST HAVE BEEN OPEN.

'CAUSE I'VE BEEN TO MANY TIMES AND YOU DON'T HEAR ANYTHING WHEN THOSE DOORS ARE CLOSED, BUT THAT'S CORRECT, RIGHT? UH, YES, THAT'S CORRECT.

WHEN THE DOORS ARE CLOSED, YOU WON'T HEAR ANYTHING.

AND THEN THERE WAS ALSO THE, THE NOISE WARNING WAS DRIVEN BY, IT WAS MORE VIBRATION AND IT WAS FROM THE TOWNHOUSE AND IMMEDIATELY VERY PROACTIVE.

UM, MY CLIENT'S BEEN IN TOUCH CONSTANTLY WITH THE TOWNHOUSE.

THEY REMOVED ONE OF THE SUBWOOFERS AND THAT'S ADDRESSED THE ISSUE.

THE TOWNHOUSE IS, IS HAPPY NOW, SO, OKAY.

OKAY.

ANYBODY ELSE? ALRIGHT, SO WE WANNA MOVE TO MOTION TO DISMISS.

OKAY, I'LL SECOND THAT.

ALRIGHT, ALL IN FAVOR? AYE.

AYE.

OKAY.

THANK YOU.

THANK YOU VERY MUCH.

THANK YOU GUYS.

OKAY.

NEW APPLICATIONS, I'M SORRY, MODIFICATION.

PREVIOUSLY

[3. PB25-0810 A.K.A. PB23-0625, 1500 COLLINS AVENUE AND 1509 & 1515 WASHINGTON AVENUE]

APPROVED PROJECT PLANNING BOARD FILED 25 0 8, 10, 1500 COLLINS AVENUE AND 1509 AND 1515 WASHINGTON AVENUE.

THANK YOU MR. CHAIR.

AN APPLICATION HAS BEEN FILED REQUESTING MODIFICATIONS TO A PREVIOUSLY ISSUED CONDITIONAL USE PERMIT FOR A NEIGHBORHOOD IMPACT STRUCTURE FOR A NEW SEVEN STORY HOTEL EXCEEDING 50,000 SQUARE FEET AND A NEIGHBORHOOD IMPACT ESTABLISHMENT THAT INCLUDES AN ALCOHOLIC BEVERAGE ESTABLISHMENT OR RESTAURANT LOCATED ON THE ROOFTOP OF A BUILDING WHICH IS LOCATED ON A PROPERTY THAT IS WITHIN 200 FEET OF A PROPERTY CONTAINING A RESIDENTIAL UNIT WITH AN OCCUPANCY OF MORE THAN 300 PERSONS.

SPECIFICALLY, THE APPLICANT IS REQUESTING A APPROVAL FOR THE RECRE RECONFIGURATION OF THE PREVIOUSLY APPROVED VENUES.

THIS APPLICATION WAS ORIGINALLY APPROVED LAST YEAR, INCLUDING A NEIGHBORHOOD IMPACT ESTABLISHMENT ENCOMPASSING SEVERAL HOTEL VENUES.

THE PROJECT HAS CONTINUED TO DEVELOP AND THE APPLICANT IS PROPOSING MINOR MODIFICATIONS TO THE VENUE ARRANGEMENTS.

ADDITIONALLY, AFTER CONSULTATION WITH THE FIRE DEPARTMENT, THE APPLICANT IS PROPOSING ADJUSTMENTS TO THE OCCUPANCY CALCULATIONS TO ALIGN WITH LIFE SAFETY CODE REQUIREMENTS.

THIS RESULTS IN AN OVERALL INCREASE IN OCCUPANCY OF 12 PERSONS.

THE REMAINDER OF THE PROJECT, INCLUDING THE OPERATIONAL PLAN, AS APPROVED BY THE BOARD, REMAINS LARGELY UNCHANGED.

UH, FOR THE RECORD, THERE IS ONE TYPO IN THE ORDER THAT NEEDS TO BE CORRECTED.

THIS IS CONDITION FOR A, THE TOTAL NUMBER OF SEATS PROPOSED FOR THE CAFE SHOULD BE LISTED AS 62.

WHAT THAT STAFF RECOMMENDS APPROVAL OF THE APPLICATION IS AVAILABLE FOR.

ANY QUESTIONS, MICHAEL? SO, GOOD MORNING, MR. CHAIRMAN, BOARD OF STAFF, MICHAEL LARKIN, 200 SOUTHEAST BOULEVARD HERE REPRESENTING THE APPLICANT.

WITH ME TODAY IS GAVIN ZO FROM THE PRINCIPAL.

HE'S ONE OF THE PRINCIPALS AND MY COLLEAGUE MITCHELL IAN.

LET'S BRING OUT THE PRESENTATION.

NEXT SLIDE.

NEXT SLIDE.

[00:10:01]

SO AS YOU CAN SEE, THIS IS AN UNUSUALLY LARGE PROPERTY FOR SOUTH BEACH.

IT HAS DOUBLE FRONTAGE ON COLLINS AND WASHINGTON AVENUE.

UH, HADDEN HALL WAS TRADITIONALLY THE SOUTHERN HALF OF THE ASSEMBLAGE, BUT THEN OUR CLIENTS PURCHASED A NORTHERN HALF FROM JIMMY RESNICK AND COMBINED THE TWO TO BRING YOU THIS IMPRESSIVE PROJECT THAT YOU ALL HAVE PREVIOUSLY APPROVED.

AND WE'RE SEEKING SOME MINOR MODIFICATIONS TODAY.

NEXT SLIDE.

THE ZONING IS ALSO SPLIT.

YOU HAVE CD TWO ON THE WEST ALONG WASHINGTON AND THE MXC ON THE EAST.

AND THEN SURPRISINGLY, THERE'S ALSO TWO DIFFERENT HISTORIC DISTRICTS.

FLA LINGO PARK ON THE WEST, AND THEN THE OCEAN DRIVE COLLINS AVENUE ON THE EAST.

NEXT SLIDE.

THIS IS HOW HADDEN HALL LOOKED ORIGINALLY.

I'VE REALLY HATED THAT GREEK STATUE AT FOR THE LONGEST TIME.

I DON'T THINK THERE'S ANY WAY TO GET RID OF IT.

UM, MAYBE DEBBIE WILL RELENT EVENTUALLY, BUT THAT'S WHERE IT WAS.

NEXT SLIDE.

YOU CAN SEE IN THIS PICTURE, SOMEONE HAS STOLEN IT, THANKFULLY.

NEXT SLIDE.

AND IN THE RENDERING, WE TOOK LIBERTY TO NOT HAVE IT THERE.

UM, NEXT SLIDE.

THIS IS HOW THE HOTEL WILL LOOK FROM WASHINGTON AVENUE.

NEXT SLIDE.

AND THANKFULLY WE PARTNERED WITH BARRY STERNICK BRINGING HIS TREEHOUSE HOTEL BRAND.

IT'S NOT, UH, THAT COMMON THROUGHOUT THE WORLD.

IT'S IN SILICON VALLEY, MANCHESTER, AND LONDON.

AND NOW IT'S GONNA BE ON THE EASTERN SEABOARD, THE UNITED STATES RIGHT HERE IN MIAMI BEACH.

NEXT SLIDE.

SO OUR REQUESTS ARE TO MODIFY CONDITIONS.

FOUR A, FOUR B.

THOSE ARE THE CONDITIONS THAT CONTAIN THE CHARTS WITH THE C COUNTS AND OCCUPANT LOAD.

WE'RE DOING THAT BECAUSE AS YOU GO THROUGH THE DESIGN PROCESS, THINGS CHANGE IN MINOR WAYS, BUT WHAT DOESN'T CHANGE IS THE ABILITY FOR US TO SEEK A BTR AND THEN THE BTR ACTUALLY HAS TO BE CONSISTENT WITH THE CUP IF THERE'S ANY DISCREPANCY, IT'S, SO WE'RE COMING BEFORE YOU TODAY FOR OUR HOUSEKEEPING MATTER JUST TO MAKE SURE THE CUP WILL BE ULTIMATELY CONSISTENT WITH THE BTR WHEN WE SEEK IT.

THE SECOND THING IS WE'RE RELOCATING THE APPROVED POOL BAR VENUE FROM THE SOUTHEAST CORNER OF THE, OF THE NEW BUILDING IN WASHINGTON TO THE WEST SIDE OF HADDON HALL.

NEXT SLIDE.

STAFF IS RECOMMENDING APPROVAL OF BOTH OF THESE REQUESTS.

NEXT SLIDE.

JUST TO GIVE YOU ALL, I, I DIDN'T WANT TO GO THROUGH VENUE BY VENUE, I THINK THAT'D BE KIND OF TEDIOUS.

BUT IF YOU LOOK AT THE APPROVED ALO, THE PROPOSED ALO IS ONLY INCREASING BY EIGHT PEOPLE.

THE SEAT COUNT IS ACTUALLY DECREASING BY OVER 60 SEATS.

NEXT SLIDE.

THIS IS WHERE THE BAR WAS APPROVED BY YOU ALL AT THE SOUTHEAST CORNER OF THE NEW BUILDING LABEL NUMBER THREE.

NEXT SLIDE.

THIS IS WHERE WE'RE PROPOSING TO MOVE.

YOU SEE NUMBER THREE KIND OF SHIFTED ACROSS THE POOL AND NOW IT'S TAGGED ON THE BACK END OF THE HISTORIC HEAD AND HALL BUILDING.

NEXT SLIDE.

THIS IS A CLOSEUP, UM, NOTE ABOUT EIGHT BAR STOOL COUNTERS OUTSIDE THREE INSIDE.

IT'S GONNA COMPLIMENT THE LOBBY LOUNGE AREA AGAIN IN THE REAR OF THE HEAD AND HALL BUILDING.

NEXT SLIDE.

THIS IS A VIEW FROM THE POOL DECK LOOKING INTO THAT SPACE WITH THE BAR IN THE UPPER CORNER AND THEN THE LOBBY LOUNGE BELOW.

NEXT SLIDE.

THIS IS IF YOU'RE IN THE LOBBY LOUNGE SPACE, LOOKING OUT TOWARD THE POOL DECK.

NEXT SLIDE.

THIS IS YOUR RECESS BAR.

IN THE POOL DECK LOOKING EASTWARD.

THAT'S WHAT YOU'LL SEE.

NEXT SLIDE.

AND THIS IS A CLOSEUP OF THE OUTDOOR BAR COUNTER NEXT SLIDE.

AND THAT'S IT.

I'LL BE HAPPY TO ANSWER ANY QUESTIONS YOU ALL MIGHT HAVE.

OKAY, THANK YOU.

ANYBODY IN CHAMBERS SPEAK ON THIS? OH, ANYONE ON ZOOM? OKAY.

CLOSE THE PUBLIC HEARING QUESTION.

UH, CAN YOU TALK A LITTLE BIT MORE ABOUT, UM, THE THINKING OF THE FIRE DEPARTMENT AND WHY THEY, UH, I MEAN YOU'RE SAYING IT'S BASED ON, ON THE FIRE DEPARTMENT COMMENTS, SO COULD YOU TALK ABOUT THAT A LITTLE BIT? PARTICULARLY, YOU KNOW, I'M, I'M LOOKING AT THE ROOFTOP RESTAURANT WHERE THE OCCUPANCY IS NOT DOUBLE, BUT CLOSE TO THAT AND YOU KNOW, THAT'S A LITTLE BIT OF A SORT OF MORE PEOPLE UP ON THE ROOF.

YEAH.

WE WEREN'T RUNNING THESE PLANS THROUGH, BUT WHAT HAPPENS SOMETIMES, SCOTT, IS THAT WHEN PEOPLE THINK ABOUT OFFLOAD, THEY ONLY THINK ABOUT SEAT COUNT PLUS THE AREA AROUND THE HOSTESS STAND, PLUS ANY AREA BEHIND A BAR COUNTER AND THAT'S IT.

BUT WHAT THE FIRE DEPARTMENT REALLY COUNTS, BELIEVE IT OR NOT, ARE ALL THE CIRCULATION PASS BETWEEN ALL OF THE TABLES.

AND I THINK PROBABLY WHAT HAPPENS IS THE ALO WAS INCORRECTLY CALCULATED THE FIRST TIME AROUND.

SO WHEN THE FIRE DEPARTMENT GOT IT, THEY'RE LIKE, WHAT THE HELL ARE YOU DOING? YOU'VE GOTTA INCLUDE ALL THE CIRCULATION PASS THAT.

WELL, SO WHILE IT'S UN TREMENDOUSLY UNLIKELY THAT THE CIRCULATION PASS WILL EVER BE OCCUPIED BY PEOPLE JUST STANDING THERE, THE FIRE DEPARTMENT ALWAYS CALCULATES A WORST CASE SCENARIO.

AND I THINK THAT'S WHAT HAPPENED.

SO WE'RE LOOKING AT THE WHOLE THING AND JUST TRYING TO EVEN OUT THE NUMBER OF PEOPLE AROUND THE WHOLE PROPERTY.

YEAH.

THEY'RE JUST LOOKING, IS THERE ENOUGH, UH, SPACE

[00:15:01]

TO EVACUATE THESE PEOPLE DOWN THE TWO MEANS OF EGRESS, THE TWO STAIRWELLS THAT ARE ON THE ROOFTOP.

'CAUSE YOU WON'T BE TAKING THOSE AWAY.

AND THAT'S ONE OF THE REASONS THEY, I MEAN, DID THEY RECOMMEND, UM, PUTTING A LOT MORE PEOPLE OR OCCU, YOU KNOW, INCREASING THE OCCUPANCY UP ON THE ROOF? YEAH.

THEY JUST, THEY WANNA BE ABUNDANTLY SURE THAT THERE'S A WAY TO EVACUATE THESE PEOPLE.

OKAY.

ARE THERE ANY DISCLOSURES ON THIS ITEM? OKAY, THANK YOU EVERYONE.

GOOD? OKAY, SO I WANNA MOVE IT.

I'D, I'D ACTUALLY HAVE A QUESTION, ELIZABETH.

UM, WOULD IT BE POSSIBLE FOR, I NOTICED THAT THERE'S ONLY FIVE FREE TRANSIT PASSES FOR THE HOTEL AND RESTAURANT EMPLOYEES AND ALSO FIVE FEET, UH, EXCUSE ME, FIVE FREE VALET PASSES TO CARPOOL RIDE.

I'D LIKE TO SEE A LITTLE BIT MORE THAN THAT.

I MEAN, IF YOU'RE GONNA HAVE A HOTEL OF THAT, THAT MANY PEOPLE MM-HMM .

I THINK IT'S IMPORTANT THAT THEIR EMPLOYEES HAVE SOME ABILITY TO, LET ME LOOK AT MY CLIENT FIRST.

HOW DO YOU FEEL ABOUT THAT? YEAH, DOUBLE.

HOW ABOUT 15? OH MY GOSH, HOLD ON.

OH MY GOSH.

I MEAN, HOW MANY EMPLOYEES ARE YOU GONNA HAVE? IT'S A GOOD THING.

HOW MANY EMPLOYEES ARE YOU GONNA HAVE? YOU EXPECT TO HAVE YOU GOT US? YOU BEAT US INTO SUBMISSION.

WE'LL DO 15 ON EACH CATEGORY.

THANK YOU.

ALL RIGHT THEN ELIZABETH, WHY DON'T YOU MOVE IT, I'LL MOVE IT WITH THAT CONDITION.

I'LL MOVE IT WITH THAT CONDITION.

OKAY.

CAN I GET A SECOND? I'LL SECOND.

SECOND.

ALL IN FAVOR? AYE.

AYE.

YOU WANNA OPPOSED? ALRIGHT, THANK YOU.

THANK YOU ALL VERY MUCH.

OKAY, THE ATTORNEY FOR THE APPLICANT ON THE NEXT ITEM IS NOT HERE YET, SO WE'RE GONNA SKIP TO ITEM FIVE.

PLANNING BOARD FILE 24 0 7 3 1.

AND, UH, PLANNING BOARD FILE OH 7 3 7.

I BELIEVE THEY'RE COMPANION LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES, UH, LDR AMENDMENTS AND COMPREHENSIVE PLAN AMENDMENTS.

EXCUSE ME SIR, IF I MAY, IS IT POSSIBLE TO TAKE UP ITEM SEVEN? FIRST WE HAVE PEOPLE WHO ARE COMING TO SPEAK ON ITEM FIVE AND WE THOUGHT IT WOULD BE CLOSER TO 10, BUT YOU'RE ZOOMING .

NO PROBLEM.

OKAY, WE'LL GO TO PLANNING BOARD FILE NUMBER.

[7. PB25-0797, PERIODIC UPDATES TO THE RESILIENCY CODE.]

IT'S NUMBER ITEM SEVEN ON THE AGENDA OF 25 0 7 9 7 PERIODIC UPDATES THE RESILIENCE CODE.

THANK YOU CHAIR.

NO PROBLEM.

THANK YOU MR. CHAIR.

ONE OF THE DUTIES OF THE PLANNING BOARD IS TO PERIODICALLY REVIEW THE PROVISIONS OF THE RESILIENCY CODE FOR POTENTIAL UPDATES.

IN SEPTEMBER, 2024, THE PLANNING BOARD HELD A DISCUSSION REGARDING POSSIBLE UPDATES TO THE CODE AND ISSUED RECOMMENDATIONS AFTER REVIEW BY THE LAND USE AND SUSTAINABILITY COMMITTEE IN 2025, THE CITY COMMISSION REFERRED THE SUBJECT ORDINANCE TO THE TO THE PLANNING BOARD.

THE PROPOSED ORDINANCE INCLUDES UPDATES GENERALLY CONSISTING OF CLARIFICATIONS, CLEANUPS, AND REORGANIZATION.

A BULLET POINT LIST OF UPDATES IS OUTLINED IN THE STAFF REPORT STARTING ON PAGE FOUR AND INCLUDES UPDATES TO DEFINITIONS, USES ENCROACHMENTS PLANNING PERMITS, SINGLE FAMILY HOME DEVELOPMENT REGULATIONS, PARKING, LAND USE BOARD HEARING PROCEDURES AND APPEALS, THE CODE AMENDMENT PROCESS AND SIGNAGE.

THE PROPOSED ORDINANCE IS SUBSTANTIALLY CONSISTENT WITH THE BOARD'S PREVIOUS DISCUSSION.

AND STAFF RECOMMENDS THAT THE BOARD TRANSMIT THE ORDINANCE TO THE CITY COMMISSION WITH A FAVORABLE RECOMMENDATION.

AND WE ARE AVAILABLE FOR ANY QUESTIONS.

THANK YOU.

ANYONE IN CHAMBERS TO SPEAK ON THIS? ANYBODY ON ZOOM? ANY QUESTIONS? OR ? SOMEONE WANNA MOVE IT WITH A FAVORABLE RECOMMENDATION? UM, I'D LIKE TO, I HAVE A QUESTION, ELIZABETH.

UM, SO THIS IS TO SUSPEND THE EXTERIOR OF THE COLOR REVIEW REQUIREMENTS.

THAT'S CAN WE HAVE, I'M SORRY, I'M ON, THEY'RE ON THE WRONG ONE.

I'M LIKE, WHAT AM I LOOKING AT HERE IS THE UPDATES, THE RESILIENCY CODE.

DID I MISS THAT? CHAOTIC UPDATE? SORRY, IT'S OUT OF ORDER.

OKAY, SOMEONE WANNA MOVE IT? I'M MOVING.

OKAY.

CAN GET A SECOND.

ALL.

SO IT'S BEING MOVED WITH A FAVORABLE RECOMMENDATION? YES.

ALL IN FAVOR? AYE.

AYE.

ANYONE OPPOSED? OKAY, UNANIMOUS.

UM, NEXT ITEM EIGHT, PLANNING BOARD FILE 26.

SORRY, SORRY, JUST ONE THING, NOT ON THIS, BUT SEPARATELY, IF WE HAD A RECOMMENDATION OR SOMETHING THAT WE WOULD LIKE TO CHANGE IN THE CODE, IS THAT SOMETHING THAT WE COULD TALK ABOUT HERE OR WE REACH OUT TO MAYOR AND COMMITTEE? WHAT'S GENERALLY THE PROCESS? UM, CERTAINLY THE, NOT, NOT FOR THIS SPECIFICALLY, THIS I'M OKAY WITH.

I'M SAYING SEPARATE FROM THIS, CERTAINLY THE PLANNING BOARD CAN MAKE RECOMMENDATIONS FOR ANY MODIFICATION TO THE LAND DEVELOPMENT REGULATIONS.

SO THAT WOULD TYPICALLY BE A DISCUSSION ITEM.

MM-HMM .

AT THE PLANNING BOARD, UM, LEVEL.

AND YOU COULD PASS A MOTION, UH, MAKING THAT RECOMMENDATION.

SO WHILE WE'RE ON THIS, CAN WE SET UP FOR A DISCUSSION AS A DISCUSSION ITEM? ONE OF THE THINGS THAT PEOPLE HAVE REACHED OUT TO ME ABOUT IS, I THINK BECAUSE THE CODE PRIORITIZES ESSENTIALLY

[00:20:01]

MOVING AWAY FROM THE CIRCULAR DRIVEWAYS RIGHT NOW WITH A LOT OF THE CURRENT NEW HOMES AND DEVELOPMENTS, YOU ONLY HAVE ROOM FOR ONE CAR OR SO, WHICH IS CREATING A BIG BACKLOG ON THIS LO OF THE LOCAL RESIDENTIAL STREETS.

UM, PEOPLE HAVE REACHED OUT TO ME TO SEE IF THERE'S ANYTHING THAT CAN BE DONE ABOUT THAT.

SO I THINK THAT'D BE HELPFUL TO DISCUSS.

OKAY.

WE CAN PUT THAT ON THE NEXT AGENDA DISCUSSION.

AND IT WOULD BE BASICALLY THE, THE DRIVEWAY REGULATIONS FOR SINGLE FAMILY PROPERTIES? CORRECT.

OKAY.

WE CAN PUT THAT ON THE, UH, APRIL AGENDA.

OKAY.

THANK YOU.

SORRY.

YOU'RE WELCOME.

ALRIGHT.

PLANNING BOARD FILE

[8. PB26-0818; SUSPENSION OF EXTERIOR COLOR REVIEW REQUIREMENTS – EXTENSION OF SUNSET PROVISION.]

26 0 8 1 8 SUSPENSION OF EXTERIOR COLOR REVIEW REQUIREMENTS.

THANK YOU.

UM, THANK YOU MR. CHAIR.

THIS IS SPECIFICALLY TO EXTEND THE CURRENT SUNSET PROVISION.

SO IN DECEMBER OF 2025, UH, THE MAYOR IN COMMISSION ADOPTED THE SUSPENSION OF THE COLOR REVIEW REQUIREMENTS.

THIS IS FOR PAINT, RIGHT? SO THE, THE PERMIT REQUIREMENT SUSPENSION IS FOR EXTERIOR COLORS ON STUCCO, PLASTER, AND SIMILAR SURFACES ON BUILDINGS LOCATED ONLY WITHIN COMMERCIAL AND MULTIFAMILY ZONING DISTRICTS.

UM, THIS WAS PUT IN PLACE FOR A THREE MONTH PERIOD THAT WOULD END MARCH 31ST, 2026.

UM, ON FEBRUARY 5TH AT THE REQUEST OF, UH, COMMISSIONER FERNANDEZ, THE CITY COMMISSION REFERRED AN ITEM TO THE PLANNING BOARD TO EXTEND THIS SUNSET PROVISION FROM MARCH 31ST OF THIS YEAR TO DECEMBER 31ST OF THIS YEAR.

SO TO THE, TO THE END OF THE YEAR.

UM, YOU KNOW, STAFF IS NOT RECOMMENDING THAT THIS, UM, EXTENSION BE INCORPORATED INTO THE EXISTING ORDINANCE.

WE HAVE, UM, SIGNIFICANT CONCERNS ABOUT COMPATIBILITY, UH, WITHIN NEIGHBORHOODS AND THE POTENTIAL FOR PROPERTY OWNERS, ESPECIALLY COMMERCIAL BUSINESSES, TO WANT THE DARKEST OR BRIGHTEST COLOR TO ATTRACT, UM, BUSINESS TO THEIR PROPERTY.

UM, WE'VE SEEN, UH, THAT HAPPEN IN THE PAST WHEN, WHEN PEOPLE HAVE, UM, PAINTED THEIR BUILDINGS ILLEGALLY WITHOUT PERMISSION OR WITHOUT COLOR REVIEW.

AND WE, WE DO HAVE SERIOUS CONCERNS.

SO WE ARE NOT SUPPORTING, UM, THIS EXTENSION AND WE ARE RECOMMENDING THAT THE PLANNING BOARD TRANSMIT AN UNFAVORABLE RECOMMENDATION.

I ASSUME NOBODY'S IN HERE TO SPEAK ON THIS.

OKAY.

ANYBODY ON ZOOM? SHE YES, I DO.

WE DO HAVE ONE ON ZOOM.

JOHAN JOHANN MOORE.

JOHANN, UM, YOU CAN UNMUTE YOURSELF AND SPEAK JOHAN.

DO YOU SWEAR TO TELL THE TRUTH? THE WHOLE TRUTH, SIR? SORRY.

YES, I DO.

GOOD MORNING.

UH, WHILE I WILL ADD THAT MY NEIGHBORHOOD ASSOCIATION HAS TAKEN NO POSITION ON THIS, UH, AND MERIDIAN COURT COMMUNITY HAS TAKEN NO FORMAL POSITION ON THIS.

I WOULD LIKE TO ADVISE THE BOARD THAT FEEDBACK I'VE GOTTEN OVER THE YEARS FROM VARIOUS RESIDENTS WOULD SEEM TO INDICATE THAT MANY OF US SHARE STAFF'S CONCERNS.

UH, IMAGINE, UH, THE VAMPIRE HOUSE THAT CHOOSES TO PAINT ITSELF BLACK, OR A BUSINESS THAT CHOOSES TO PAINT ITSELF DARK PURPLE.

PLEASE DO NOT EXTEND THIS.

I THINK IT WOULD REALLY HAVE A NEGATIVE IMPACT ON THE HISTORIC DISTRICT AND EFFORTS TO ENGAGE THE PUBLIC IN SUPPORTING ITS PRESERVATION.

THANK YOU VERY MUCH.

THANKS JOHANN.

ANYBODY ELSE? I JUST WANTED TO SAY THAT I THINK, HOLD ON ONE SECOND.

SORRY.

OR ANYBODY ELSE ON ZOOM? I DO NOT SEE ANYONE ELSE ON ZOOM.

OKAY.

ELIZABETH.

I JUST, UM, I DON'T, I DON'T KNOW EXACTLY WHY THIS IS, IS, IS, I UNDERSTAND THAT PERMITTING IS AN ISSUE, BUT I THINK STICKING WITH OUR HISTORIC PRESERVATION COLORS IS IMPORTANT.

UM, I DON'T THINK ANYBODY WANTS TO SEE, YOU KNOW, SOME PURPLE HOUSE OR SOME BIG GIANT, YOU KNOW, I DON'T KNOW WHAT, BUT I JUST THINK IT'S IMPORTANT THAT WE STICK WITH OUR SORT PRESERVATION BOARD COLORS, UM, AND MAKE IT EASIER SOMEHOW TO RECOMMEND TO THE COMMISSION THAT WE MAKE IT EASIER FOR PERMITTING.

I DON'T KNOW IF Y'ALL WANNA TALK ABOUT IT.

I, I'M, I'M GOING ALONG WITH ELIZABETH AND, AND THE RECOMMENDATION HERE FROM STEPH, I, I THINK WE'RE GOING INTO DANGEROUS GROUNDS AND I'M NOT REALLY SURE I UNDERSTAND THE BACKGROUND FOR, FOR PROPOSING THIS.

UM, YOU KNOW, THE, THE, THE FEE IS NOMINAL.

I, I'M GUESSING THE PERMIT TIMING IS NOT RIDICULOUS AND TOO, SO I, UM, I THINK THIS IS NOT NOT A GOOD IDEA.

SO I'M NOT IN FAVOR.

YOU AGREE WITH STAFF? I AGREE WITH STAFF, YEAH.

OKAY.

I AGREE WITH STAFF.

I DON'T UNDERSTAND THE INTENT.

I KNOW THAT, UH, SOME COMMISSIONERS ARE TRYING TO SPEED UP THE PROCESS, BUT THIS SEEMS TO BE A FUNDAMENTAL CORE OF ZONING AND PLANNING TO MAKE SURE THAT YOU DON'T HAVE PURPLE

[00:25:01]

AND GREEN AND BROWN BUILDINGS RIGHT NEXT TO EACH OTHER.

WE LOOK LIKE PORTOFINO IN ITALY.

UH, THERE ARE A THOUSAND WAYS TO STREAMLINE COMMERCIAL.

THAT'S A BAD EXAMPLE.

I THINK PORTOFINO'S PRETTY NICE.

THERE'S ANYTHING WRONG WITH IT.

HAVE A PORTOFINO HERE, BUT OUR PORTOFINO HERE.

YES.

BUT THE, THE POINT IS THERE'S, THERE'S HUNDREDS OF WAYS OF PROBABLY STREAMLINING YEP.

UH, PERMITTING SO THAT BUILDINGS CAN ACTUALLY, I JUST READ ABOUT DENNY'S THAT WENT INTO BANKRUPTCY BECAUSE THEY, IT WAS TWO YEARS AND TOO EXPENSIVE TO EVEN OPEN THAT LITTLE PLACE.

THAT'S RIDICULOUS.

YOU KNOW, HAD NOTHING TO DO WITH COLORS AND WE NEED TO STICK WITHIN OUR LANES AND, AND, UH, SO I'M A HUNDRED PERCENT WITH STAFF ON THIS.

I AGREE TOO, ON WITH STAFF.

BUT JUST A QUESTION, QUICK QUESTION.

SINCE THIS WAS IMPLEMENTED, UM, ARE YOU AWARE OF ANY BUILDINGS THAT THAT TOOK IT, THAT PAINTED, YOU KNOW, COLORS THAT YOU WOULD NOT HAVE APPROVED? BECAUSE THEY DON'T REQUIRE EVEN ADVISING THE PLANNING DEPARTMENT THAT THEY'RE DOING THIS WORK? I AM, I HAVEN'T BEEN MADE AWARE OF ANY SPECIFIC PROPERTIES THAT HAVE UTILIZED THIS.

UM, YOU KNOW, THAT'S THE CHALLENGE AS WELL.

IT'S, IT'S, THEY, SINCE THEY DON'T HAVE TO COME IN FOR ANY TYPE OF APPROVAL, IT'S HARD TO KEEP TRACK OF DO THEY NEED TO COME IN FOR APPROVAL IF IT'S A HISTORIC COLOR? I MEAN, CAN'T THEY JUST GO RIGHT THROUGH? SO CURRENTLY WE HAVE A LIST OF PRE-APPROVED COLORS.

IT'S A, IT'S A VERY LARGE LONG LIST.

THEY'RE VERY PALE COLORS IN GENERAL, UM, THAT THEY DON'T NEED TO COME IN.

THERE'S NO FEE.

IT'S A PRE, PRE-APPROVED PERMIT.

BASICALLY, THEY JUST NEED TO GO ONLINE AND BASICALLY REGISTER AND, AND SHOW THE COLOR THAT THEY'RE PAINTING.

SO WHAT FOR NON PRE-APPROVED COLORS, IT'S ALSO A RELATIVELY SIMPLE PROCESS.

IT'S SLIGHTLY MORE CUMBERSOME.

THEY CAN STILL DO EVERYTHING ONLINE, BUT THEY WOULD HAVE TO UPLOAD A PHOTOGRAPH OF THE BUILDING AND THEY WOULD HAVE TO UPLOAD KIND OF A COLOR SCHEME.

IF IT'S NOT COLORS THAT ARE PART OF THE PRE-APPROVED LIST.

HOW, HOW MANY COLORS ARE NOT IN THE PRE-APPROVED? I MEAN, I MEAN, I MEAN, OF COURSE THERE'S A BLUE COLORS MEAN YEAH.

COLORS ARE ENDLESS.

RIGHT? AND YOU KNOW, WHAT WE SHOW IN OUR PRE-APPROVED COLOR IS THAT COLOR OR AN EQUIVALENT.

SO, YOU KNOW, LIKE THERE'S PROBABLY AT LEAST 800 SHADES OF WHITE, RIGHT? IT IS ALL GONNA LOOK THE SAME ONCE IT'S ON THE BUILDING.

RIGHT.

FOR THE MOST PART.

SO, YOU KNOW, THERE'S A HUGE RANGE OF PRE-APPROVED COLORS.

AGAIN, THEY'RE, THEY'RE ON THE PALER SIDE.

UM, BUT WE ALSO HAVE GUIDELINES, UM, THAT ARE CODIFIED IN TERMS OF APPROVING ALTERNATE COLORS WITHIN HISTORIC DISTRICTS, OUTSIDE OF HISTORIC DISTRICTS.

AND THERE'S ACTUALLY A SEPARATE COLOR PALETTE SPECIFIC TO MEDITERRANEAN REVIVAL BUILDINGS, WHICH ARE MORE EARTH TONE.

UM, AND THAT, YOU KNOW, IT'S CONSISTENT WITH THE CHARACTER OF THAT TYPE OF ARCHITECTURE.

SO IT SEEMS LIKE WHAT HE'S TRYING TO DO IS, OR I MAY BE WRONG, MAYBE YOU CAN CORRECT ME IF I'M WRONG.

UM, IT SEEMS LIKE WHAT HE IS TRYING TO DO IS MAKE SURE THAT THAT THINGS JUST GET DONE FASTER.

BUT MAYBE WE CAN ADD, LIKE, IF YOU'RE IN THIS SAME COLOR SCHEME THAT, I MEAN, WE SHOULDN'T HAVE TO GO THROUGH, YOU KNOW, IF YOU'RE IN THE 800 SHADES OF WHITE SECTION, THEN WHY, WHY ARE WE HAVING TO HAVE TO GO TO DRB OR ANY OF THAT KIND OF STUFF FOR IT? IF YOU'RE IN THE SAME TONE? IF YOU'RE IN THE SAME, YOU KNOW, WHY, WHY? YEAH.

FROM MY UNDERSTANDING, I, I'M SORRY TO INTERRUPT.

NO, NO.

IS IS THAT THIS IS FOR MORE INTENSE COLORS THAT THERE HAVE BEEN PEOPLE WHO HAVE APPROACHED THE CITY WITH A MORE INTENSE COLOR THAN IS, THAN IS ALLOWED AT THAT POINT.

WE WOULD EITHER SEND THAT, UM, PAINT SCHEME TO THE DESIGN REVIEW BOARD OR THE HISTORIC PRESERVATION BOARD FOR A PUBLIC HEARING.

THEN YOU START GETTING INTO THE MORE LENGTHY, MORE EXPENSIVE PROCESS.

MM-HMM.

SO FOR THE PUBLIC HEARING.

UM, SO I THINK THAT'S WHAT THIS IS GEARED TOWARD, TO ALLOW A WINDOW OF TIME FOR SOMEONE TO, TO PAINT THEIR BUILDING SOMETHING DARKER, BRIGHTER, MORE INTENSE IN TERMS OF THE COLOR SATURATION THAN WE WOULD NORMALLY BE ABLE TO APPROVE ADMINISTRATIVELY.

SO IF I, IF I HEARD YOU CORRECTLY, THEY STILL NEED TO REGISTER OR PULL A PERMIT ONLINE ONLY THEY CAN CHOOSE WHATEVER COLOR THEY LIKE.

IN OTHER WORDS, A PERMIT IS STILL NEEDED.

UM, I DON'T BELIEVE SO.

NO.

THIS JUST SUSPENDS ALL REVIEW.

ALL REVIEW.

YEAH.

SO REVIEW.

WHAT IF, WHAT IF, UM, IF WHAT? I'M TRYING TO THINK WHAT IF WE KEEP THE HISTORIC COLORS AND EXTEND IT INTO THAT RANGE OF COLORS AND ANYTHING THAT'S OUTSIDE OF THAT THAT IS MORE INTENSE.

LIKE A, YOU KNOW, I DON'T EVEN KNOW.

LIKE MAYBE WE JUST HAVE THE, UH, OR RECOMMEND TO THE COMMISSION THAT THEY, UM, ARE YOU SAYING TO KEEP THE SAME PALETTE BUT WE EXTEND THE RANGE OF THE PALETTE EXACTLY.

CAN BE PRE-APPROVED,

[00:30:01]

BUT, BUT ANYTHING OUTSIDE OF EXACTLY ANYTHING OUTSIDE OF THE NORMAL TONE, UM, AND INTENSITY THAT, THAT WE, THAT, THAT WOULD REQUIRE SOME SORT OF, BUT ISN'T THAT CURRENT? NO.

UM, WHAT SHE'S SAYING IS THAT IT'S ONLY, YOU'VE ONLY GOT X NUMBER OF COLORS THAT ARE APPROVED BY THE CITY.

AND SO IF THERE, IF IT'S OUTSIDE OF COLOR, PANTONE COLOR, X, Y, Z, THEN IT HAS TO GO FOR APPROVAL.

BUT THIS IS SUSPENDING EVERYTHING.

AND I DON'T THINK THAT ANYBODY, I MEAN, LOOK, EVERYBODY HAS A DIFFERENT OPINION OF WHAT IS ACCEPTABLE AND WHAT'S NOT.

AND PEOPLE SHOULD HAVE THE RIGHT TO PAINT WHATEVER THEY, I GUESS, BUT WE'RE IN A DIFFERENT, DIFFERENT CLIMATE.

WHAT IF WE, UM, YOU KNOW, I'M SORRY, YOU CAN'T PAINT YOUR BUILDING, YOU KNOW, UH, DARK, SUPER DARK BROWN OR SOMETHING WITH, WITH BLACK EX EDGES OR SOMETHING LIKE, I MEAN, JUST, THERE'S GOTTA BE SOME SORT OF, I THINK THAT NEEDS MORE DISCUSSION.

BUT IS IT MORE, DO YOU UNDERSTAND WHAT I'M SAYING? NO, I UNDERSTAND WHAT YOU'RE SAYING.

THERE, THERE IS A RANGE OF COLORS THAT COULD BE ACCEPTABLE TO BE INCLUDED IN IT.

UH, THAT WE, WE, UH, WITHOUT BEING TO THE EXTREME WHERE WE'RE LETTING EVERYTHING GO.

SO YOU WANNA EXPAND THE, THE RANGE OF COLORS YES.

THAT WE CAN DO.

UM, YES.

UM, WELL WE CAN, WE CAN NOT SUPPORT AN EXTENSION AND THEN COME BACK AND I THINK WE HAVE RECOMMENDATIONS OF MODIFICATIONS.

I MEAN, THIS ISN'T A MODIFICATION.

WHAT NO ALEX IS ASKING, ASKING FOR IS A SUSPENSION OF ALL REVIEW, WHICH IS, WE'RE AGAINST, I ASSUME, BUT CAN WE AMEND IT RIGHT NOW OR NO, NOT NOT TO ADDRESS, UM, PALATE OR INTENSITY.

THE, THE ONLY THING BEFORE YOU IS WHETHER TO EXTEND THE, OKAY, WELL THEN I'M THE PROGRAM.

I'M GONNA SAY IF YOU WANTED TO BRING A SEPARATE, UH, I WOULD LIKE TO DISCUSSION ITEM.

UM, WE CAN DO THAT, BUT NOT AS PART OF THIS ITEM.

OKAY, THAT'S FINE.

I'M GONNA, I'M NOT GONNA SUPPORT THIS THEN.

I, I, SORRY, JUST OUTTA OF CURIOSITY.

WAIT, WHO HAS THIS HELPED? MEANING HAVE THERE BEEN PEOPLE THAT HAVE COME IN FRONT OF THE CITY AND THIS HAS HELPED THEM STREAMLINE ANYTHING FOR THEM? DO WE HAVE ANY, DID AGAIN, SORRY, I'M JUST ASKING STAFF WHO HAS THIS HELP AND HOW HAS IT HELPED THEM, I GUESS WHAT COULD WE POINT TO? HAS THE DEREGULATION SPED THINGS UP? PEOPLE ARE, SO I THINK THERE WAS, YOU KNOW, THERE WAS ONE INSTANCE WITH A, A PROPERTY OWNER THAT CAME TO THE PLANNING DEPARTMENT WITH A RELATIVELY INTENSE PINK COLOR.

MM-HMM .

THE, THE PLANNING DEPARTMENT, UH, REVIEWED THE COLOR AND SAID THIS NEEDS DESIGN REVIEW BOARD.

UM, BECAUSE IT EXCEEDED THE INTENSITY.

I THINK WE COULD CERTAINLY LOOK AT IF YOU ARE GOING TO A BOARD, MAYBE BECAUSE IT IS JUST PAINT, RIGHT? IT IS JUST A COLOR.

IT'S A TEMPORARY THING THAT'S GONNA CHANGE OVER TIME.

MAYBE WE COULD, YOU KNOW, THERE ARE, WE COULD HAVE A DISCUSSION WHERE WE COULD LOOK AT MAYBE STREAMLINING THAT PROCESS OF THEM GOING TO THE BOARD OR, OR REDUCING FEES.

BECAUSE AGAIN, IT'S A VERY SIMPLE REQUEST.

UM, WE COULD ALSO LOOK AT EXPANDING THE PRE-APPROVED PAINT COLORS.

UM, I THINK THERE'S A LOT OF DIFFERENT OPTIONS THAT WE COULD TALK ABOUT, UM, IF WE SCHEDULE A DISCUSSION ITEM.

OKAY.

JUST ONE MORE QUICK ONE.

I'M SORRY, I JUST THOUGHT OF SOMETHING.

UM, THIS JUST, UM, ELIMINATES ALL REVIEW FOR PAINT COLORS.

WHAT IF IN THE PROCESS OF PAINTING THEY, MAYBE THEY'RE USING A CHERRY PICKER THAT'S IN THE RIGHT OF WAY, IT'S IN, OR THEY, THEY NEED TO REMOVE AWNINGS FROM A BUILDING AND REINSTALL THEM.

IT WOULDN'T COVER ANY OF THAT.

IT WOULD JUST BE FOR THE PAINT.

THEY WOULD STILL NEED, LET'S SAY A RIGHT OF WAY PERMIT OR A PERMIT FOR AWNINGS OR, UM, IF THEY'RE GONNA DO ANY KIND OF, UM, LET'S SAY, I KNOW WITH PAINTING YOU'RE, YOU KNOW, YOU OB YOU'RE PATCHING MINOR CRACKS IN THE BUILDING.

BUT WHAT IF THERE'S SOME STUCCO WORK THEY'RE GONNA REMOVE A LITTLE AREA OF STUC ON AND ATCH THAT IT, IT DOESN'T COVER ANY OF THAT? IT DOES NOT.

SO ANYTHING THAT REQUIRES A BUILDING PERMIT WOULD STILL REQUIRE A BUILDING PERMIT.

ANYTHING THAT REQUIRES A RIGHT OF WAY PERMIT WOULD STILL REQUIRE RIGHT OF WAY PERMIT.

OKAY.

YEAH.

SO STUCCO REPAIR DOES REQUIRE A BUILDING PERMIT.

OKAY.

WOULD YOU ALL BE AMENABLE TO BRINGING THIS BACK AS DISCUSSION ITEM FOR HPB COLORS AND THINGS LIKE THAT? I DON'T WANT TO PUT BURDENS ON THE PEOPLE THAT ARE TRYING TO PAINT AND REFURBISH THEIR HOMES AND THEIR BUSINESSES, BUT I THINK WE STILL NEED TO KEEP AS MUCH AS POSSIBLE THE CHARACTER OF COLOR PALETTE.

EVEN IF IT'S, EVEN IF IT'S, LET'S DO IT.

LET'S DO IT.

ALRIGHT.

YOU GOOD WITH THAT? SO WE CAN BRING BACK A DISCUSSION ITEM, BUT ARE WE STILL DO NEED A RECOMMENDATION? YEAH.

ON THERE? YEAH, I THINK, I THINK WE ALL AGREE WITH STAFF, YES.

ALRIGHT, SO KEITH, GO AHEAD AND MOVE IT.

YEAH, I'LL MOVE THAT.

UNFAVORABLE.

WE DIS UNFAVORABLE, UNFAVORABLE STRONGLY.

YOU GET A SECOND.

OKAY.

ALL IN FAVOR? AYE.

ANYONE OPPOSED? OKAY.

WHAT, WHAT KIND OF, UM, INFORMATION OR SORT OF BACKGROUND WE NEED FOR, FOR

[00:35:01]

THE DISCUSSION ITEM? SO I CAN BRING, UM, YOU KNOW, THE, THE PRE-APPROVED LIST OF COLORS.

UM, I CAN ACTUALLY BRING SOME COLORS 'CAUSE WE HAVE A LOT OF THE, THE, YOU KNOW, PAPER SAMPLES.

UM, AND WE CAN, I CAN SHOW THE INTENSITY, YOU KNOW, THE MAXIMUM INTENSITIES, LIKE I I HAD PREVIOUSLY EXPLAINED.

IT'S DIFFERENT IF YOU'RE IN A HISTORIC DISTRICT VERSUS IF YOU'RE OUTSIDE OF A HISTORIC DISTRICT.

AND WE ALSO HAVE A SEPARATE INTENSITY FOR MEDITERRANEAN REVIVAL STYLE BUILDING.

SO I CAN BRING ALL OF THAT.

I CAN ALSO EXPLAIN, YOU KNOW, THE WHOLE PROCESS IN MUCH MORE DETAIL IN TERMS OF THE PRE-APPROVED PROCESS, NON PRE-APPROVED PROCESS, AND THEN ULTIMATELY, UH, WHAT THE BOARD PROCESS WOULD LOOK LIKE.

I GUESS WHAT, WHAT KIND OF WOULD BE JUST MORE PRACTICAL TOO IS, IS IN, YOU KNOW, IN, IN OPENING UP SOMETHING LIKE THIS AND LOOKING TO EXPAND IT IS TO UNDERSTAND IF THERE'S, YOU KNOW, THE NEED FOR IT.

LIKE HOW MANY, YOU KNOW, HOW MANY DO WE HAVE OF CASES THAT ARE TRYING TO STEP OUTSIDE OF, I MEAN, IF IT'S JUST LIKE, YOU KNOW, IF I CAN COUNT ON ONE HAND IT MAY NOT BE, YOU KNOW, WORTH US CHANGING, CHANGING IT, BUT, UM, SO I THINK THERE'S SOME BACKGROUND NEED TO JUST UNDERSTAND IF THIS IS REALLY SOMETHING THAT I AGREE THERE'S A DEMAND FOR.

ABSOLUTELY.

OKAY.

UH, BACK TO ITEMS

[5. PB24-0731. LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES – LDR AMENDMENTS]

[6. PB25-0737. LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES – COMPREHENSIVE PLAN AMENDMENT.]

FIVE AND SIX.

PLANNING BOARD FILED 24 0 7 3 1 AND OH 7 3 7 LINCOLN ROAD WEST RESIDENTIAL USE INCENTIVES, LDR AMENDMENT AND COMPREHENSIVE PLAN AMENDMENT.

OKAY.

UM, THANK YOU MR. CHAIR.

SO BOTH OF THESE ARE, UM, FOR INCENTIVIZING NON-TRANSIENT, UH, RESIDENTIAL USES, UM, WITHIN THE LINCOLN ROAD CORRIDOR AREA.

UM, MIRIAM, IF WE CAN PULL UP, I THINK THE EASIEST WAY TO, TO EXPLAIN THE PROPOSAL IS TO, TO LOOK AT A MAP, UM, BECAUSE THIS AREA IS SOMEWHAT VARIED.

UM, SO MIRIAM, IF WE COULD PULL UP THE EXHIBIT ON THE SCREEN.

OKAY.

GIMME ONE SECOND.

OKAY, THANK YOU.

DO YOU NEED SOME HELP? NO, I GOT IT.

I GOT IT.

YOU MADE IT.

ALRIGHT.

OKAY.

THANK YOU.

SO AS YOU CAN SEE, UM, THE ORDINANCE PROPOSES FOUR DIFFERENT AREAS, UM, AND WE DID THAT.

UM, AND AGAIN, THIS IS SOMETHING THAT, UH, THE PLANNING DEPARTMENT LOOKED AT VERY CAREFULLY TO ADDRESS THE CONTEXT OF EACH AREA, WHICH ARE, WHICH IS SLIGHTLY DIFFERENT.

UM, SO IF YOU LOOK AT AREA ONE, WE HAVE DIVIDED ONE INTO AREA ONE A AND ONE B.

UM, AREA ONE A IS CURRENT EN ONE B, UM, BUT SPECIFICALLY ONE A ALONG 17TH STREET IS CURRENTLY THE HIGHEST, UM, DEVELOPMENT REGULATIONS.

SO WE HAVE EXISTING, UM, A 2.5 FAR FOR LOTS LESS THAN 45,000 SQUARE FEET.

WE HAVE AN EXISTING 2.75 FAR FOR LOTS GREATER THAN 45,000 SQUARE FEET.

AND WE HAVE HEIGHTS IN THIS AREA ONE A THAT CURRENTLY RANGE FROM 75 FEET TO 80 FEET.

SO OUT OF ALL OF THE AREAS THIS CURRENTLY HAS THE HIGHEST LEVEL OF, OF ZONING, UM, IN TERMS OF HEIGHT AND FAR IF YOU LOOK AT, UM, SO THE INCENTIVES HERE ARE COMMENSURATE WITH THAT.

UM, WITH THAT EXISTING CONDITION, THE INCENTIVES WOULD BE, UM, A SCALE OF A 3.0 FAR, WHICH IS JUST A 0.5 INCREASE FOR SMALLER LOTS.

AND FOR THE LOTS THAT EXCEED 45,000 SQUARE FEET, THE INCENTIVE WOULD BE A 3.5.

UM, THE INCENTIVE, UM, FOR THE ENTIRE AREA IN TERMS OF HEIGHT WOULD BE 150 FEET.

UM, AREA TWO IS THE NORTH SIDE OF LINCOLN ROAD.

SO THIS IS THE, THE, WE'RE NOW IN THE HISTORIC DISTRICT.

SO AREA TWO AND THREE ARE KIND OF SET APART BECAUSE THEY'RE HISTORICALLY DESIGNATED AREAS ONE A AND ONE B ARE NOT.

UM, SO AREA TWO IS SLIGHTLY MORE SENSITIVE IN TERMS OF THE SCALE AND THE, THE, UH, FAR THAT WE ARE RECOMMENDING.

WE ARE RECOMMENDING A MAXIMUM OF A 3.0 FAR AND A MAXIMUM HEIGHT

[00:40:01]

OF 100 FEET.

ALSO IN THIS AREA, WE'RE NOT JUST RECOMMENDING, YOU KNOW, THAT THE HEIGHT BE ALLOWED TO BE INCREASED TO A HUNDRED FEET, BUT THERE ARE CERTAIN SETBACKS BE INTRODUCED IN TERMS OF SETTING BACK FROM LINCOLN ROAD AND FROM THE SIDE STREETS TO HELP PRESERVE, UM, THE HISTORIC CHARACTER OF THAT AREA.

AREA THREE, UM, IS EVEN MORE SENSITIVE 'CAUSE ALTHOUGH THIS IS STILL IN THE HISTORIC DISTRICT, THIS IS IMMEDIATELY ADJACENT TO THE VERY LOW SCALE FLAMINGO PARK NEIGHBORHOOD.

FLAMINGO PARK CURRENTLY HAS, UM, YOU KNOW, SOME OF THE LOWEST SCALE ZONING IN THE CITY FOR MULTIFAMILY DISTRICTS, IT HAS A MAXIMUM HEIGHT OF 35 FEET, UM, AND A MAXIMUM FAR OF 1.25.

SO WE ARE RECOMMENDING THAT THE, FOR THE INCENTIVES THAT THE HEIGHT IN AREA THREE NOT EXCEED, UM, 75 FEET AND NOT EXCEED, UM, IN TERMS OF THE FAR 2.75.

AGAIN, THIS ALSO, THIS AREA ALSO INSTITUTES, UM, OUR RECOMMENDATION FOR ADDITIONAL SETBACKS, UM, TO HELP BUFFER THAT AREA.

ONE B IS SOMETHING THAT WE DISCUSSED WITH THE, WITH THE ITEM SPONSOR.

UM, AREA ONE B WOULD BE WEST, UM, WOULD ENCOMPASS, UH, ALTON ROAD AND, UM, THE EAST SIDE OF WEST AVENUE.

THIS IS WHERE THE CURRENT EPICURE SITE IS ON, ON, UH, BETWEEN ALTON AND WEST.

UM, IN THIS PARTICULAR INSTANCE, WE DO BELIEVE, UM, GIVEN THE, UM, COMMERCIAL CORRIDOR OF ALTON ROAD, UM, THAT CERTAIN INCENTIVES WOULD BE APPROPRIATE FOR, AGAIN, TO INCENTIVIZE RESIDENTIAL DEVELOPMENT.

SO WE ARE RECOMMENDING THE INCENTIVES TO BE CONSISTENT WITH AREA ONE A FOR THIS PARTICULAR AREA.

THERE ARE, UM, SEVERAL OTHER, UM, PROVISIONS IN THE PROPOSAL.

UM, AND I THINK ONE OF THE IMPORTANT CONCEPTS HERE IS THAT YES, WE'RE, YOU KNOW, RECOMMENDING AN INCREASE IN FAR AND HEIGHT, BUT IT'S VERY SPECIFIC.

IT'S ONLY FOR PROJECTS THAT MEET THE INTENT OF THIS ORDINANCE, WHICH WOULD BE, UM, MODERATELY PRICED HOUSING.

THIS IS NOT FOR LUXURY HOUSING THAT WOULD BE DEPENDENT ON RENTERS OR PURCHASERS THAT AREN'T INTENDING TO DRIVE, RIGHT, THAT DO NOT HAVE CARS BECAUSE, UM, TO AVAIL YOURSELF OF THE EXTRA HEIGHT, YOU WOULD NOT BE ABLE TO PROVIDE PARKING.

SO THIS WOULD BE, YOU KNOW, THIS IS CATERED TO A VERY SPECIFIC, UM, TYPE OF PROJECT, TYPE OF DEVELOPMENT THAT WE THINK WOULD BE EXTREMELY BENEFICIAL TO THE CITY TO, TO INCREASE OUR MODERATELY PRICED RESIDENTIAL HOUSING, BUT NOT ALSO INCREASED CONGESTION, TRAFFIC CONGESTION.

UM, WHICH, YOU KNOW, IS, IS, IS A PROBLEM RIGHT NOW FOR THE CITY.

UM, SO THAT'S THE CONCEPT BEHIND THESE RESIDENTIAL INCENTIVES.

THERE ARE, YOU KNOW, REQUIREMENTS FOR MICRO MOBILITY BECAUSE ALTHOUGH WE, UM, YOU KNOW, PEOPLE WOULD NOT BE NECESSARILY HAVING AN AUTOMOBILE, THEY'RE STILL GONNA NEED TO GET AROUND.

SO THERE ARE PROVISIONS THAT REQUIRE A CERTAIN LEVEL OF, YOU KNOW, BICYCLE SHARE STATIONS, SCOOTER SHARE STATIONS, ET CETERA.

UM, SO OVERALL STAFF IS SUPPORTIVE OF THIS.

UM, AND WE ARE RECOMMENDING THAT THE PLANNING BOARD TRANSMIT WITH A FAVORABLE RECOMMENDATION.

UM, I'D ALSO LIKE TO POINT OUT THAT THERE'S A SUNSET PROVISION, SO THIS IS NOT IN PERPETUITY.

UM, THE IDEA WOULD BE TO, TO INCENTIVIZE THIS TYPE OF DEVELOPMENT AND GET, YOU KNOW, RELATIVELY EFFICIENT, QUICK, UM, PROJECTS.

UM, WE DID SOMETHING SIMILAR YEARS AGO, IF YOU REMEMBER, ON WASHINGTON AVENUE TO INCENTIVIZE HOTELS AT THE TIME.

UM, AND WE SAW, YOU KNOW, TWO PROJECTS BASICALLY THAT, THAT WERE BUILT WITHIN THAT TIMEFRAME.

UM, THERE'S ALSO THE WASHINGTON AVENUE, WHICH I KNOW THIS BOARD HAS REVIEWED AND TRANSMITTED FAVORABLE RECOMMENDATIONS TO THE COMMISSION.

THIS IS A VERY SIMILAR CONCEPT TO WHAT'S CURRENTLY BEING PROPOSED IN WASHINGTON.

A QUICK QUESTION THOUGH.

YOU YOU WANT US TO RECOMMENDED IT, BUT IN THE REPORT IT SAYS DEFER IT TILL NEXT MONTH ANYWAY.

WELL, YES, SO BECAUSE, AND I CAN GO THROUGH THAT.

THANK YOU FOR POINTING THAT OUT.

THIS IS AN FAR INCREASE.

THIS REQUIRES THE EXTENDED PROCESS.

SO THE PLANNING BOARD IS REQUIRED TO HEAR THIS TWICE.

SO YES, WE ARE RECOMMENDING THAT THE, WE ARE SUPPORTIVE OF THE WAY THE ORDINANCE IS IS DRAFTED.

CURRENTLY, THE PLANNING BOARD DOES NEED TO DEFER IT TO THE APRIL MEETING IN.

SO WE HAVE TO YES.

IS THIS IS WE'RE HAVING, YES, WE'VE SCHEDULED THE, IT'S MORE OF A DISCUSSION, IT'S MORE OF A DISCUSSION CURRENTLY.

AND WE HAVE SCHEDULED THE REQUIRED PUBLIC MEETING IN BETWEEN THOSE TWO.

GOT IT.

PLANNING BOARD DATES FOR MARCH 24TH AT 6:00 PM SO ANYONE

[00:45:01]

WATCHING THIS, THERE WILL BE A PUBLIC MEETING, UM, ON MARCH 24TH AT 6:00 PM ALRIGHT, DEBORAH, THANK YOU.

YOU'RE WELCOME.

NEESON? YES, SIR.

GOOD MORNING.

CHAIR MEMBERS OF THE BOARD, NEESON CASIN, CEC TORRES TOLEDO OF AKERMAN REPRESENTING, UH, INFINITY COLLECTIVE, UH, DAVID BERG, WHO WILL, YOU'LL HEAR FROM IN A MINUTE.

UH, WHO IS A PRINCIPAL OF THE ENTITY THAT HAS, UH, BOUGHT THE EPICURE BLOCK AS, AS I, I THINK IT'S MOST FAMILIAR TO ALL OF US.

THANK YOU.

UM, DAVID, I WOULD ALSO TELL YOU HAS AN EXTENSIVE TRACK RECORD OF DOING REALLY FINE URBAN INFILL AND PRESERVATION REDEVELOPMENT PROJECTS.

UM, AMONG THEM, MOST RECENTLY IS HIS REDEVELOPMENT OF THE ESME HOTEL ON ESPANOLA WAY.

UH, REAL REAL QUICK, SORRY TO INTERRUPT YOU, BUT, UM, YOU'RE HANDING OUT THESE PROPOSED REVISIONS.

YES.

WERE THESE PROVIDED TO STAFF BEFORE? YES.

YES.

BEFORE.

OKAY.

WELL, THEY WERE PROVIDED TO STAFF YESTERDAY.

UH, BUT WE'VE DISCUSSED THEM, WE'VE DISCUSSED THEM WITH STAFF.

SO YOU ALL HAVE A REVIEW.

OKAY.

WE'VE HAD THIS DISCUSSION WITH STAFF.

OKAY.

UH, BEFORE.

ALRIGHT.

UM, AND IF YOU INDULGE ME JUST FOR A FEW MINUTES, UH, GO AHEAD A LITTLE ADDITIONAL TIME BECAUSE FIRST I WANNA SAY THIS IS THE MOST IMPORTANT FUNCTION THAT THE PLANNING BOARD HAS.

THIS IS ACTUALLY AREA-WIDE PLANNING FOR THE CITY.

UH, AND SO IT'S GONNA TAKE A LITTLE BIT OF TIME AND THOUGHT AND THE USE OF YOUR EXPERTISE AND KNOWLEDGE TO MAKE THIS LEGISLATION BE AS GOOD AND AS EFFECTIVE AS IT CAN BE.

AND I WOULD SAY THAT THIS IS VERY MUCH NEEDED LEGISLATION.

WE ARE GLAD TO SEE IT MOVING FORWARD.

PROBLEM IN THE CITY OF MIAMI BEACH, FRANKLY, IS NOT THAT THERE ARE TOO MANY PEOPLE LIVING HERE.

IN FACT, THE POPULATION IS DECREASED BY 10,000 PEOPLE.

THE PROBLEM IS THE FACT THAT THE PEOPLE WHO WORK HERE CAN'T LIVE HERE, AND THE PEOPLE WHO LIVE HERE DON'T WORK HERE.

SO WE HAVE A TON, LOT OF COMMUTER TRAFFIC BOTH WAYS.

THIS IS AN ATTEMPT TO CREATE A LIVE WORK PLAY COMMUNITY, WHICH IS NOT AUTO DEPENDENT.

AND SO THIS IS A VERY GOOD EFFORT AND WE EN EN ENTIRELY ENDORSE IT.

HOWEVER, AS YOU SEE IN THE HANDOUT THAT WE HAVE GIVEN YOU, WE THINK THERE ARE A FEW WAYS THAT THIS CAN BE TWEAKED TO MAKE IT IT MORE EFFECTIVE AND REALLY WORK NOT JUST A CONCEPT AND IDEA THAT SOUNDS GOOD AND DOESN'T WORK, BUT ACTUALLY A REAL WORKING IDEA.

AND DAVID WILL COME UP IN A MINUTE AND TAKE YOU THROUGH IT IN A LITTLE BIT MORE DETAIL, BUT IT, IT INVOLVES A FEW, UH, A FEW, UH, KEY CONCEPTS.

NUMBER ONE, UH, IT'S NOBLE THAT WE WANT TO REDUCE THE AMOUNT OF PARKING, UH, AND GO TO OTHER MEANS OF MOVING PEOPLE AROUND MICRO MOBILITY.

BUT PROVIDING AS LITTLE AS 20% OF THE REQUIRED PARKING, UH, WILL NOT WORK.

UH, AS WE MAKE THE TRANSITION FROM BEING A CITY THAT IS AUTO DEPENDENT TO ONE THAT IS LESS AUTO DEPENDENT, WE NEED TO HAVE THE ABILITY TO HAVE MORE PARKING FOR SOME OF THE RESIDENTS AND ALSO SOME OF THE COMMERCIAL USES.

AND THEREFORE, WE THINK THAT THIS BOARD SHOULD BE ABLE TO DETERMINE WHAT THE NECESSARY AMOUNT OF PARKING IS ON A GOING FORWARD BASIS FOR THESE PROJECTS.

NUMBER TWO, UH, AMONG THE OTHER THINGS IS ABOVE THE FIRST FLOOR.

THE LEGISLATION REQUIRES THAT THERE BE, UH, ONLY RESIDENTIAL.

WE FEEL THAT THIS IS, UH, TOO RESTRICTIVE BECAUSE I, THE IDEAL IS TO HAVE A MIXED USE PROJECT, PRIMARILY RESIDENTIAL.

OUR PROPOSED ORDINANCE HAS AT LEAST 60%, BUT ALLOW ADEQUATE RETAIL, WHICH SOMETIMES OFTENTIMES, AS YOU CAN SEE JUST IF YOU GO THE SOUTH SIDE OF LINCOLN ROAD ON ALTON ROAD, IS TWO STORY RETAIL, YOU KNOW, AS WELL AS THE, THE ABILITY TO ACCOMMODATE, UH, SOME OFFICE SPACE AS WELL.

SO PEOPLE COULD ACTUALLY LIVE AND WORK IN THE SAME BUILDING OR WITHIN WALKING DISTANCE OF THEIR HOME OR THEIR OFFICE.

SO THAT'S WHY WE FAVOR IT BEING, UH, NOT LIMITING, UH, RE UH, ABOVE GROUND FLOOR TO JUST RESIDENTIAL, BUT ALSO TO ALLOW, UH, UH, OTHER USES AS LONG AS 60% OF THE BUILDING IS, UH, RESIDENTIAL.

ANOTHER KEY FACTOR THAT WE WANNA DEAL WITH IS THE MICRO MOBILITY ISSUE.

ABSOLUTELY IN FAVOR AND FASCINATED WITH HOW MICRO MOBILITY IS BECOMING A MORE IMPORTANT FACTOR IN OUR COMMUNITY.

BUT TO REQUIRE 40% OF THE GROUND FLOOR SPACE TO BE UTILIZED FOR MICRO MOBILITY IS NOT GOOD PLANNING BECAUSE YOU WANT THOSE GROUND FLOOR SPACES TO BE RETAIL OR RESTAURANT AND ACTIVATED, OR TO, UH, PROVIDE THE BACK OF HOUSE SERVICES FOR THE

[00:50:01]

BUILDING THAT THEY'RE IN.

SO WE HAVE TO HAVE THE FLEXIBILITY TO HAVE THE MICRO MOBILITY LOCATED IN OTHER PORTIONS OF THE BUILDING ABOVE, ABOVE, ABOVE THE GROUND FLOOR.

UH, THOSE ARE SOME OF THE KEY, UH, ELEMENTS AND CHANGES THAT WE WOULD ADVOCATE THAT YOU, UH, PUT IN THIS ORDINANCE GOING FORWARD.

DAVID WILL ADDRESS IT IN A LITTLE BIT MORE DETAIL.

AND WHAT WE WOULD REQUEST IS, IS SIMPLE.

YOU AS THE PLANNING BOARD, UH, IT IS YOUR RESPONSIBILITY IS YOUR POWER ACTUALLY TO MAKE THESE RECOMMENDATIONS.

NOT JUST TO RECEIVE A PIECE OF LEGISLATION AND SAY YAY OR NAY, BUT TO SHAPE THAT LEGISLATION.

THAT'S WHAT YOU'RE DOING HERE TODAY.

SO WE ASK THAT YOU GIVE CONSIDERATION TO WHAT WE HAVE HANDED OUT HERE TO MODIFY WHAT IS A VERY GOOD PIECE OF LEGISLATION, WELL INTENDED TO REVITALIZE OUR, OUR URBAN CORE, AND ESPECIALLY AS WELL THAT BLOCK ON ALTON ROAD THAT WE WERE ALSO FAMILIAR WITH AS WELL.

THIS WILL HELP REVITALIZE AND REDEVELOP THAT.

AND WITH THAT, I'D LIKE TO HAVE DAVID COME UP AND GIVE YOU A LITTLE BIT MORE DETAIL ABOUT WHY THESE CHANGES WE PROPOSE ARE NEEDED.

THANK YOU.

THANK YOU MASON.

DAVID BERG, UH, INFINITY REAL ESTATE.

UM, I, I JUST WANNA STATE THAT I, I'M A RESIDENT IN MY BEACH.

I LIVE ALONG ALTON ROAD.

OUR OFFICE IS ON 17TH AND ALTON IN THE VARIETY HOTEL, WHICH IS A HISTORIC REDEVELOPMENT WE COMPLETED.

UM, AND OBVIOUSLY THIS IS A BLOCK SOUTH OF THAT, SO I'M SPEAKING ON BEHALF OF SOMEONE WHO WORKS HERE, WHO LIVES HERE AND, UH, WHO DEVELOPS HERE.

UM, AND SO ANY, IF ANYONE IS SITTING IN ANY TRAFFIC ON ALTON ROAD, IT'S PROBABLY ME MORE THAN ANYONE ELSE IN THIS ROOM.

UM, SO OUR, OUR SITE ON, ON ALTON WAS PREVIOUSLY DESIGNED TO BE A, UH, 250,000 SQUARE FOOT OFFICE BUILDING BY MICHAEL CHAVET.

AND THAT OFFICE BUILDING WAS GONNA HAVE 20,000 SQUARE FOOT FOUR PLATES AND DESIGNED TO BE, YOU KNOW, LARGE FORMAT JP MORGAN TYPE OF TRADING FLOOR, UH, PROGRAMMING.

WE'RE TRYING TO BE SOCIALLY RESPONSIBLE AND BRING HOUSING TO THE COMMUNITY BECAUSE AS NISAN MENTIONED, THE TRAFFIC HAS GOTTEN WORSE AS POPULATION HAS GONE DOWN.

AND WE SPENT A GREAT DEAL OF TIME SPEAKING TO THE COMMUNITY, UM, PROBABLY OVER 15 LETTERS OF SUPPORT FROM DIFFERENT NEIGHBORHOOD ASSOCIATIONS, BUSINESS IMPROVEMENT DISTRICTS, AND THE MAJOR EMPLOYERS SUCH AS MOUNT SINAI, SUCH AS VE HOSPITALITY, SUCH AS FOUNTAIN BLUE, ET CETERA.

AND, UM, AND OUR, AS AS A HOTEL OWNER AND OPERATOR OURSELVES, WE HAVE PROBABLY ABOUT A THOUSAND EMPLOYEES AMONGST OUR F AND B OPERATIONS AND HOTEL, UH, EMPLOYMENT THAT LIKE ULTIMATELY DO COMMUTE, UH, TO THE BEACH EVERY SINGLE DAY.

AND SO WHAT WE'VE FOUND IS THAT THE, THE, THE QUALITY OF SERVICE IS LACKING BECAUSE AS EVERYONE GETS TRAINED IN THEIR JOBS, AND AS EVERYONE GETS GOOD AT THEIR JOBS, THEY DO WHAT THEY WANT TO FIND A LOCATION TO WORK CLOSER TO THEIR HOME.

AND SO THERE'S CONSTANT TURNOVER AMONGST STAFF AND RESTAURANTS, HOTELS, ET CETERA.

SO THE IDEA OF OF US GOING THROUGH THE PAINSTAKING PROCESS OF EITHER VIA THIS LEGISLATION OR THROUGH A PRIVATE APPLICATION TO CHANGE THE, THE ZONING OF OUR BLOCK TO BRING RESIDENTIAL VERSUS JUST GOING THE EASY COMMERCIAL ROUTE IS ESSENTIALLY OUR CIVIC DUTY AND SOCIAL RESPONSIBILITIES, SOCIALLY RESPONSIBLE DEVELOPMENT TO BRING HOUSING HERE.

THE ISSUE WITH THE LEGISLATION AS PRESENTED AND WHY I WANNA MAKE A FEW FRIENDLY AMENDMENTS IS THAT IT DOESN'T ADDRESS THE IDEA OF CREATING A LIVE, WORK PLAY, UH, NEIGHBORHOOD.

IF YOU WANT TO MAKE A NEIGHBORHOOD ATTRACTIVE, AND I'LL USE COCONUT GROVE OR SUNSET HARBOR AS EXAMPLES, WE THINK YOU NEED TO HAVE ATTRACTIVE, UH, RETAIL AND COMMERCIAL OFFICE AROUND IT.

UM, THIS LEGISLATION REALLY CATERS TO LINCOLN ROAD, 17TH STREET, UH, ALTON ROAD, THE MOST COMMERCIAL DISTRICTS OF, UH, YOU KNOW, ON THE BEACH, UH, ARGUABLY OTHER THAN MAYBE THE OCEAN DRIVE AND ESPAN WAY.

AND SO IF TO, IF PEOPLE LIVE HERE, THE, I THINK THE GOAL WOULD BE THEM TO WALK TO THE RETAIL THEY'RE GONNA SHOP TO, TO WALK TO WORK AND CREATE A TRUE URBAN ENVIRONMENT.

SO AS A RESULT, WE THINK THAT THE MICRO MOBILITY OF 40% OF THE GROUND FLOOR IS ULTIMATELY GOING TO YIELD VERY LITTLE RESULTS IN DEVELOPMENT.

BECAUSE LINCOLN ROAD HAS SUCH HIGH RENTS PER SQUARE FOOT ON THE STREET, NO ONE'S GONNA LOSE 40% OF THEIR SQUARE FOOTAGE ON THE GROUND FOR MICRO MOBILITY.

WE'RE NOT SAYING IT'S NOT IMPORTANT, WE THINK WE SHOULD HAVE IT, IT JUST SHOULDN'T BE ON THE GROUND FLOOR.

OTHERWISE, I DON'T THINK DEVELOPMENT'S GONNA ACTUALLY OCCUR HERE FOR, FOR HOUSING.

UM, THE SECOND THING IS, I DON'T THINK IT'S ATTRACTIVE FOR RESIDENTS TO LIVE ON THE SECOND FLOOR OR, YOU KNOW, ON THE LOWER FLOORS OF A, OF A BUILDING.

I THINK THAT THE MORE ATTRACTIVE RESIDENTIAL WILL BE ON HIGHER FLOORS.

SO HAVING SECOND FLOOR RETAIL, HAVING COMMERCIAL, UH, ON THE LOWER FLOORS WILL ACTUALLY HELP MAKE IT MORE ATTRACTIVE AND AGAIN, DRIVE MORE OFFICE AND RETAIL SPACE TO THE AREA.

IT WASN'T TOO LONG AGO THAT STAFF IN THE CITY WERE VERY, UH, WERE LARGE PROPONENTS OF BRINGING MORE OFFICE SPACE TO, UH, THIS, THIS CORRIDOR TO ATTRACT PEOPLE TO LIVE, TO LIVE AND WORK HERE.

UM, AND THE THIRD THING IS PARKING.

THE, THE 20% PARKING ISSUE ESSENTIALLY SAYS THAT FOR EVERY, UH, FIVE UNITS, THERE'LL BE ONE PARKING SPACE.

[00:55:01]

I JUST DON'T THINK THAT'S A PRACTICAL SOLUTION.

WE WOULDN'T BE ABLE TO BUILD HOUSING IF THAT WAS THE PARKING REQUIREMENT HERE, BECAUSE I JUST DON'T THINK IT'S MARKETABLE.

AND SO, ALTHOUGH WE'RE A PROPONENT OF, OF MICRO MOBILITY AND WE WANT PEOPLE TO SHARE CARS, UM, I THINK THE PRIVATE NEEDS NEEDS TO DICTATE THE AMOUNT OF PARKING SPACES THE BUILDING SHOULD HAVE AND IT SHOULD BE DRIVEN BY THE USES.

AND AT A VERY MINIMUM, I THINK ONE PARKING SPACE PER UNIT IS MAYBE REQUIRED TO MAKE IT, MAKE IT MARKETABLE.

UM, SO IT'S, IT'S REALLY IN SUMMARY, IT'S, IT'S, I THINK THERE NEEDS, THERE SHOULD BE A LIVE WORK PLAY ATMOSPHERE BY CREATING A COMMERCIAL, UH, AND, AND MIXED USE BUILDING, WHICH MEANS THAT 60% OF THE BUILDING SHOULD BE RESIDENTIAL USE.

AND, AND THAT BASICALLY IS, IS TAKING OFF A BUNCH OF LEGISLATIONS THAT, YOU KNOW, CREATE, CREATE THAT LEGISLATION OF 60, 60% OF THE SQUARE FOOTAGE BE RESIDENTIAL, BUT THE REST CAN BE COMMERCIAL.

THAT WILL CREATE A, A, A MIXED USE PROJECT THAT'S ATTRACTIVE TO THE NEIGHBORHOOD.

TWO, I THINK WE NEED MORE PARKING, UM, FOR THE RE FOR THE COMMERCIAL USES FOR THE RESIDENT USES.

AND THREE, I THINK THE MICRO MOBILITY SHOULD BE ABOVE THE GROUND FLOOR OR IN THE BUILDING, IN THE PARKING GARAGE, SO THAT ACTUALLY IT, IT PROMOTES DEVELOPMENT.

OTHERWISE, I, I THINK ESPECIALLY IN LINCOLN ROAD, ALTON ROAD, THESE HIGH COMMERCIAL DISTRICTS, THEY'RE NOT GONNA ACTUALLY HAPPEN.

UM, SO THAT'S KIND OF IN, IN SUMMARY AND I'M, I'M AVAILABLE TO ASK, ANSWER ANY QUESTIONS.

I, I THINK THERE'S PROBABLY, YOU KNOW, VERY FEW PEOPLE IN THE ROOM THAT ARE AS INCENTIVIZED BY ME TO, TO CREATE, UH, YOU KNOW, GOOD RESIDENTIAL LEGISLATION HERE.

RIGHT.

AND I ASSUME MASON YOU'LL PARTICIPATE IN THIS PUBLIC HEARING ON THE, THE YES.

MARCH 26TH.

OKAY.

UM, AND I'M, I'M SORRY, MARCH 24TH AND STAFF, I'M ASSUMING THAT, YOU KNOW, THESE PROPOSED AMENDMENTS COULD ALSO BE DISCUSSED THERE BECAUSE WE'RE NOT MAKING A DECISION TODAY, SO IT'LL COME BACK WITH EITHER THE PUBLIC COMMENT THAT AGREES WITH THESE REVISIONS OR NOT, OR CORRECT.

CORRECT.

OKAY.

YES, MR. CHAIR.

YEAH, IT WOULD CERTAINLY BE GOOD IF THESE, UH, UH, UH, AMENDMENTS WERE PART OF THE PUBLIC DISCUSSION BECAUSE, UH, WE THINK THAT A LOT OF PEOPLE WILL THINK THAT THESE ARE NECESSARY.

SO YEAH, THAT'S MY WHOLE POINT IS THAT YOU ALL ARE GONNA PARTICIPATE IN THAT AND DISCUSS THESE PROPOSED AMENDMENTS BECAUSE WE'RE NOT MAKING A DECISION TODAY.

SO IT WOULD BE NICE TO GO WHEN IT COMES BACK TO US TO KNOW HOW THAT MEETING WENT AND WHAT THE THOUGHTS WERE, BUT SHOULD WE GIVE OUR FEEDBACK ON THESE THREE ISSUES? YEAH, YEAH, YEAH, NO QUESTION.

I, I'M JUST SAYING 'CAUSE WE'RE NOT MAKING A DECISION TODAY.

THAT'LL BE PART OF THE SUBJECT MATTER OF THE MEETING ON THE 24TH.

OKAY, SURE.

GO AHEAD, .

UM, I DON'T, I DON'T NORMALLY SPEAK FIRST, BUT, UH, INCREASING THE RESIDENTIAL STOCK IN MIAMI BEACH HAS PROBABLY BEEN MY NUMBER ONE GOAL, UH, FROM MY TIME ON BOARD OF ADJUSTMENT TO PLANNING BOARD TO ANY THOUGHTS THAT I'VE HAD WITH THE CITY.

UH, GENERALLY I AGREE WITH MOST OF THE POINTS HERE.

UH, I THINK, YOU KNOW, THE 30% FOR MICRO MOBILITY IS PROBABLY PROBLEMATIC, ESPECIALLY WHEN YOU'RE TRYING, UH, TO CREATE, YOU KNOW, MORE OF A DYNAMIC LIVE WORK PLAY SET UP.

THE ONLY ISSUE THAT I, I DO HAVE AN ISSUE WITH, WHICH I THINK WE NEED TO TALK THROUGH IS NUMBER ONE, UM, I MEAN I, I'D BE OKAY WITH SAYING THAT, YOU KNOW, ANYTHING ABOVE, LET'S SAY THE SECOND LEVEL SHALL CONSIST OF NON-TRANSIENT RESIDENTIAL USES, THAT YOU CAN HAVE THAT KIND OF TWO FLOOR DOUBLE HEIGHT RETAIL AND OR SOME SECOND FLOOR RETAIL OR COMMERCIAL USE.

BUT I THINK THAT IF THE CITY IS MAKING A BIG PUSH TO GET RESIDENTIAL USE HERE, IT HAS TO BE FOCUSED ON AS MUCH RESIDENTIAL AS POSSIBLE.

DON'T WE HAVE THAT LOCKED IN WITH THE 60%? DOESN'T THAT LOCK IT IN WHETHER THEY USE THE SECOND FLOOR OR THE THIRD FLOOR IS THAT WHAT I'M SAYING IS SAYING IS THAT I WANT EVEN, EVEN MORE, MORE THAN 60%.

CORRECT.

OKAY.

UM, AND I THINK THAT THAT SHOULD BE KIND OF FIRST AND FOREMOST, A MAJOR GOAL OF THIS.

UM, I MEAN, NISSON, YOU'VE HEARD ME SAY IT MANY TIMES WITH SOME OF YOUR, YOUR OTHER APPLICATIONS AND, AND I JUST WOULDN'T SUPPORT ANYTHING, UH, OTHER THAN AS MUCH RESIDENTIAL AS POSSIBLE WHILE STILL TRYING, OBVIOUSLY TO ACCOMMODATE, YOU KNOW, THE HIGH RENTS THAT IDEALLY YOU CAN GET WITH RETAIL AND TRYING TO MAKE THE OVERALL PROJECT WORK.

THAT'S ALL I HAVE TO SAY ABOUT, AND, AND NOT JUST ADDING LIKE EXTRA, UM, UNITS, BUT, BUT ALSO WE NEED TO BE, I THINK THE PART OF MY QUESTION TO YOU IS IN, UM, YOU KNOW, WE'RE TRYING TO INCENSE THAT I'VE INC SENSE THAT I'VE, SOME OF THE COST COMING DOWN BY, UM, NOT REQUIRING AS MUCH PARKING IN THESE.

AND SO I THINK THE AVERAGE, I THINK IT ADDS $50,000, UH, PER UNIT WHEN YOU ADD FOR EVERY EXTRA PARKING SPACE YOU ADD.

BUT, UM, SO IF WE ARE TRYING TO KEEP THESE SOMEWHAT AFFORDABLE UNITS AND, YOU KNOW, HAVING THIS PARKING, UH, LIMITATION PART OF IT, SO WHAT DO YOU GUYS SUGGEST TO OVERCOME THE, YOU KNOW, THE POSSIBLE INCREASE OF PRICES OF THE UNIT WHEN WE'RE TRYING TO MAKE THESE AFFORDABLE? BECAUSE WE'RE TAKING AWAY THE, THE LIMITATION IN SIZE.

SO THE 1200 DO, THE 1200 SQUARE FEET LIMITATION IS GONE.

SO HOW DO WE MAKE SURE THAT THESE ARE NOT MORE, UM, EXPENSIVE UNITS? THESE AREN'T, THESE AREN'T AFFORDABLE HOUSING.

[01:00:01]

THIS ISN'T AFFORDABLE HOUSING.

IT'S MARKET RIGHT.

HOUSING.

RIGHT, RIGHT.

NO, I'M NOT SAYING, BUT I MEAN, WE'RE TRYING TO ENCOURAGE, YOU KNOW, LIVING SPACE, RIGHT? BASED ON THE PRESENTATION HE'S GIVING, HE'S HOPING THAT SOME OF HIS EMPLOYEES WILL BE ABLE TO AFFORD THIS, THESE PLACES.

SO HOW DO WE CONTINUE TO, UM, MAKE THAT HAPPEN IF WE'RE, WE'RE, WE'RE ELIMINATING SOME OF THE, THE BARRIERS WE'RE PUTTING THERE.

I I WOULD SAY IT CERTAINLY DOESN'T, UH, BENEFIT DEVELOPERS TO, TO BUILD PARKING.

IT'S EXPENSIVE AND IT BRINGS DOWN THE MARGINS OF THE, OF THE DEAL.

UM, IT'S JUST, IT'S JUST NECESSARY AS, AS A, AS A PRACTICAL MATTER, BECAUSE I DON'T THINK PEOPLE WANT TO LIVE IN A PLACE OR WORK IN A PLACE OR, YOU KNOW, IF THEY CAN'T PARK, FOR INSTANCE, ESPECIALLY A CITY THAT DOESN'T HAVE VERY, VERY GOOD ALTERNATIVES, RIGHT? RIGHT.

LIKE, TAKE EPICURE FOR, FOR INSTANCE, EPICURE FILLED THAT PUBLIC PARKING LOT EVERY SINGLE DAY.

IF YOU'RE GONNA GO TO THE GROCERY STORE, I DON'T THINK YOU WANNA CROSS ALTON WITH, YOU KNOW, GROCERIES.

SO WE'RE TRYING TO BRING AN EPICURE TYPE OF REPLACEMENT TO THE BUILDING.

PEOPLE ARE THAT, YOU KNOW, THAT, THAT USE WANTS, YOU KNOW, 40, 50 PARKING SPACES.

RIGHT.

UM, SO LIKE THAT'S, THAT'S ONE COMPONENT.

AND THAT, AGAIN, I THINK THAT'S GOOD FOR THE NEIGHBORHOOD, BUT THEY NEED PARKING.

MM-HMM .

I THINK IF ANYONE IN THIS ROOM WERE TO LIVE IN, IN A, IN A BUILDING, THEY'RE PROBABLY GONNA WANT A MINIMUM ONE SPACE IN THEIR BUILDING.

THEY DON'T WANT TO WALK ACROSS ALTON ROAD OR, YOU KNOW, TO A PUBLIC PARKING LOT FOR THEIR PARKING SPACE AND, AND NOT BE ABLE TO DICTATE WHAT THEY'RE PAYING ON A MONTHLY BASIS TO PARK THEIR CAR.

UM, SO I THINK THE, TO ANSWER YOUR QUESTION, I I THINK THAT THE PRIVATE MARKETS WILL DETERMINE THE NUMBER OF PARKING SPACES NEEDED, BUT IT DOESN'T, IT'S, IT'S, IT BY NO MEANS BENEFITS THE DEVELOPER TO HAVE PARKING.

IT, IT BENEFITS THE, THE, THE USERS OF THE BUILDING.

IT PROBABLY BUILDING THE NEIGHBORHOOD, I THINK, UM, .

AND, AND THEN THE SECOND THING IS, I THINK THE COMMERCIAL SPACE OFFSETS THE, THE, YOU KNOW, THE ABILITY TO, TO GENERATE, UH, MORE AFFORDABLE RESIDENTIAL, ESPECIALLY IN THIS CORRIDOR BECAUSE IT'S JUST, IT'S A HIGH, YOU KNOW, RENT HIGH GROWTH CORRIDOR.

HAVING COMMERCIAL OFFICE, HAVING COMMERCIAL RETAIL WILL ALLOW THE RESIDENTIAL TO BE CHEAPER BY ELIMINATING THAT COMPONENT.

I THINK THE RESIDENTIAL, YOU KNOW, BASICALLY IT WILL BE REQUIRED TO BE MORE EXPENSIVE TO JUSTIFY THE BUILD.

UM, TO, UM, TO ADDRESS YOUR POINT ON THE, ON THIS, THE, THE 60%, THE CONCERN I WOULD HAVE WOULD BE, YOU KNOW, THE MIAMI BEACH OFFICE MARKET HOPEFULLY IS NOT A, THIS BIG CORPORATE OFFICE.

IT'S POSTED, WE'RE WE'RE TRYING TO CREATE LIVE, WORK PLAY FOR RESIDENTS MM-HMM .

SO THE AVERAGE USER OF AN OFFICE SPACE HERE, OR EVEN RETAIL SPACE FOR IT DOESN'T MATTER, IS RELATIVELY SMALL.

YOU'RE NOT, YOU'RE NOT LOOKING TO ATTRACT 20,000, 30,000 SQUARE FOOT USERS.

SO I'D SAY THE IDEAL S SIZE WOULD BE 3000, 4,000, 5,000 SQUARE FEET.

AND SO IF YOU CREATE ONLY SECOND FLOOR COMMERCIAL, YOU KIND OF HAVE TO PANCAKE THAT FLOOR PLATE.

AND NOW YOU HAVE THIS LIKE, YOU KNOW, MASSIVE CORRIDOR OF A VERY CHOPPED UP 1500 SQUARE FEET, 2000 SQUARE FEET EVERYWHERE.

WHEREAS IF YOU COULD BE A LITTLE MORE, UM, DELIBERATE WITH HOW YOU DELIVER THE COMMERCIAL SPACE, MAYBE YOU CAN DELIVER, YOU KNOW, 3000 SQUARE FEET, 3000 SQUARE FEET AND KIND OF LIKE HAVE A NICER EXPERIENCE FOR THESE, UH, FOR THE, THE COMMERCIAL OFFICE USERS VERSUS HAVING LIKE A PANCAKE FORMAT.

UM, AND AGAIN, THAT'LL ALLOW RESIDENTIAL TO, YOU KNOW, TO, TO, TO BE OFFSET BY THE, BY THE BY BENEFIT OF THAT COMMERCIAL.

AND I, I, UM, BEFORE WE CONTINUE THIS, I THINK THERE'S ONE SOMEONE ON ZOOM THAT WANTS TO SPEAK, AND THEN WE'LL CONTINUE WITH THE YES.

OUR SPEAKER ON ZOOM IS JOHAN MOORE.

JOHAN, YOU CAN UNMUTE YOURSELF.

UM, YES, GOOD MORNING AGAIN.

UM, IF I MAY, UM, MAKE A COUPLE OF COMMENTS.

UM, I'M STRUCK BY HOW THE INTENTION IS VERY SIMILAR TO THE, UH, SINCERE INTENTIONS BEHIND THE WASHINGTON AVENUE RESIDENTIAL PROPOSAL, BUT HOW, EXCUSE ME, UH, THE CONCERNS, UH, UH, SOME OF THE CONCERNS THAT EXIST STILL ARE NOT BEING ADDRESSED.

AND I, I'D LIKE TO GO THROUGH A FEW OF THESE.

UM, UH, ONE IS A QUESTION.

IF THESE, UH, IF, IF SUCH STRUCTURES ARE BUILT UNDER WHAT IS BEING PROPOSED, UM, WOULD THEY, UH, SIMILAR TO WHAT I BELIEVE WE HAVE AGREED TO ON 1600 WASHINGTON, WOULD THOSE RESIDENTS BE PROHIBITED FROM ACCESSING PARKING PERMITS IN ADJACENT NEIGHBORHOODS? I THINK THAT WOULD BE AN IMPORTANT, UM, UH, UH, SAFEGUARD FROM THE POINT OF VIEW OF THE NEIGHBORHOOD.

UM, DEPENDING ON SPECIFICALLY THE OUTCOME OF YOUR DISCUSSION ON, ON PERCENTAGES OF PARKING, UH, THE IMPACT OF INCOME UNDIFFERENTIATED NEW RESIDENTIAL UNITS, NAMELY AS AN UPWARD PRESSURE ON LOW END RENTS REMAINS A CONCERN AMONG MANY OF US IN THE NEIGHBORHOOD.

AND A RECENT STUDY SHOWED THAT IN FACT, ON INCOME, UNDIFFERENT INCOME UNDIFFERENTIATED RESIDENTIAL NEW BUILD WILL ONLY STABILIZE THE MIDDLE OF THE MARKET AND WILL IN FACT HAVE NEGATIVE IMPACT ON THE LOWER END OF THE MARKET.

I WOULD BE, UH, UM, I WOULD SUM IT UP IN A PITHY WAY BY SAYING, YOU CAN'T HAVE AFFORDABLE HOUSING UNLESS YOU ACTUALLY HAVE AFFORDABLE HOUSING WITH THE,

[01:05:01]

UH, UH, CONCOMITANT, UH, A MI CLIFFS.

OTHERWISE, YOU RUN THE RISK OF THOSE NEGATIVE EFFECTS.

THIS DISCUSSION ABOUT WHERE TO PUT MICRO MOBILITY AND, UH, PARKING SEEMS TO ALMOST BE A LITTLE BIT AT CROSS PURPOSES.

UM, IT MOST CERTAINLY DOES SEEM TO MAKE SENSE THAT RETAIL IS ON THE GROUND FLOOR.

I HAVE NO OBJECTION TO RETAIL BEING ON THE SECOND FLOOR.

THE QUESTION THEN BECOMES HOW MANY FLOORS UP IS A PARKING LEVEL GOING TO BE? UM, NOT SO BAD IF IT'S IN FACT A CAR PARKING LEVEL.

BUT WHEN WE IMAGINE MICRO MOBILITY USERS, UH, HAVING TO WHAT DESCEND A RAMP FROM A THIRD OR FOURTH FLOOR PARKING GARAGE, UH, THAT STARTS TO SOUND, UH, DISINCENTIVIZING TO ME.

BUT IN FACT, IF THE MICRO MOBILITY CAN BE LOCATED, UH, IN A MORE ACCESSIBLE LOCATION, PERHAPS THAT IS YOUR WAY FORWARD.

A FLOOR OR TWO OF COMMERCIAL, A FLOOR OR TWO OF PARKING, AND THEN FLOORS OF APARTMENTS, I WOULD ALSO ARGUE AGAINST MIXING APARTMENTS AND COMMERCIAL, UH, OFFICES ON THE SAME FLOOR.

I DON'T THINK THAT THOSE ARE COMPATIBLE USES.

UH, I WANNA FINISH WITH THE ONE COMMENT THAT I HEARD, WHICH WAS THAT YOU, UH, ONE OF THE SPEAKERS PROPOSED HAVING ONE SPOT PER UH, UNIT.

BUT WOULD THAT ALSO REQUIRE A GIVEN NUMBER OF SPOTS PER OFFICE? BECAUSE THEN YOU'RE STARTING TO GET IN INTO A MUCH LARGER, UH, NUMBER OF UNITS.

SO I THINK THE DEVIL IS IN THE DETAILS ON THIS.

UH, AND THE CONCERNS REALLY DO NEED TO BE ADDRESSED DESPITE THE, UH, SINCERE, UH, EFFORTS AT AT INCREASING OUR POPULATION, REDUCING OUR POPULATION LOSS.

THANK YOU.

THANKS JOHANN.

DEBORAH, THAT'S IT.

UM, YES, BUT I THINK WE HAVE ONE MORE IN THE AUDIENCE.

UM, NO ONE ELSE ON ZOOM.

OKAY.

HI GUYS.

GOOD MORNING.

MICHAEL GRECO ON BEHALF OF MICHAEL GRIECO.

, UM, UH, REMINDING YOU ALL THAT, UH, I WAS ACTUALLY THE, AND IT WAS MENTIONED EARLIER, I WAS THE CO-AUTHOR OF THE, UH, WASHINGTON AVENUE LEGISLATION THAT LED TO THE GOOD TIME HOTEL AND A COUPLE OTHER PROJECTS GETTING DEVELOPED.

UM, THAT STARTED BACK IN, WHAT, 2014, BUT WE'RE 15 YEARS BEHIND ON HAVING THIS CONVERSATION ABOUT LIVE WORK PLAY ENVIRONMENTS.

AND I AGREE WITH EVERYTHING THAT DAVID SAID, DUDE, DEAR FRIEND OF MINE.

AND HE'S, HE'S RIGHT.

UM, AND I'M GIVING YOU, GIVING YOU THIS FROM A PERSPECTIVE OF SOMEBODY WHO HAS NO DOG IN THE FIGHT, OTHER THAN A RESIDENT THAT WANTS TO SEE OUR CITY CATCH UP WITH OTHER AREAS OF MIAMI-DADE COUNTY THAT ARE PUTTING US OUTTA BUSINESS.

OUR POPULATION IS DECREASING BECAUSE OTHER AREAS IN DADE COUNTY, THEY WOKE UP A LOT FASTER THAN WE DID TO THE POINT WHERE NOT ONLY DID WYNWOOD GET CREATED IN THE INTERIM, BUT WINWOOD'S ALREADY FIVE YEARS AHEAD OF US WHEN IT COMES TO LIVE, WORK PLAY.

AND WE DON'T HAVE THAT HERE.

COCONUT GROVE IS RUNNING CIRCLES AROUND US.

DORAL IS RUNNING CIRCLES AROUND US.

BUT THERE'S ONE THING TO CONSIDER AND IT'S SOMETHING TO THINK ABOUT.

ONE OF THE THINGS, ONE OF THE MAJOR PROBLEMS WE HAVE ON LINCOLN ROAD IS THAT WE HAVE A LOT OF VACANCIES.

AND THOSE VACANCIES ARE NOT BECAUSE THERE'S NO DEMAND.

THE VACANCIES ARE BECAUSE, AND THIS ISN'T A COMMENT ON DAVID, DAVID IS, IS, IS A PHENOMENAL PROPERTY OWNER AND, AND, AND, UH, LANDLORD.

BUT WE HAVE A LOT OF OUT OF TOWN CORPORATE HEDGE FUND LANDLORDS THAT WILL LEVERAGE THEIR VACANCIES, WHICH IS BAD FOR US AS RESIDENTS AND USERS OF THE CITY.

THEY KEEP THOSE VACANCIES OPEN, THEY PUT THEM IN THEIR P AND LS IN THE LOSS COLUMN, AND ALL IT DOES IS CREATE DEAD ZONES AND IT HURTS FOOT TRAFFIC.

AND ONE OF THE MISTAKES THAT WE MADE ON THE WASHINGTON AVENUE HOTEL LEGISLATION IS WE DID NOT MAKE IT A REQUIREMENT THAT YOU HAVE TO FILL THE GROUND FLOOR RETAIL.

WE CAN'T DO THAT AFTER THE FACT WITH A VACANCY TAX THAT'S NOT LEGAL.

BUT ONE OF THE THINGS THAT WE CAN DO IS WE CAN BAKE INTO THIS LEGISLATION.

YOU CAN'T LEAVE YOUR GROUND FLOOR RETAIL VACANT.

YOU CAN'T DO IT IF THERE'S A DEMAND.

YOU HAVE TO FILL IT AND JUST PAUSE THERE.

HOW DO YOU DO THAT? IF YOU CAN'T, IF YOU CAN'T, IT'S A GREAT IDEA AND IT WOULD'VE SOLVED ALL THE ISSUES TRYING TO DEAL WITH THAT IN SUNSET HARBOR.

HOW DO YOU DO THAT? YOU CAN'T.

SO WHILE SUNSET HARBOR WAS A DIFFERENT DEAL, 'CAUSE THAT WAS A LOT OF, THAT WAS KEY.

NO, BUT I'M JUST SAYING ABOUT HOW TO REQUIRE THAT THEY DON'T LEAVE THEM VACANT.

THEY'LL JUST SAY, WE'RE NOT GETTING A COMPETITIVE BID.

OR I MEAN, I'M JUST CURIOUS.

IT'S A GREAT IDEA AS WELL.

I MEAN, YOU, YOU CAN USE MARKET DATA TO DETERMINE WHETHER OR NOT THERE IS, WE KNOW, WE KNOW WHAT IT IS.

YOU KNOW, YOU, YOU CAN USE MARKET DATA AS A DETERMINING FACTOR AS TO WHETHER OR NOT THEY'RE CONSCIOUSLY LIVING IT VACANT.

WE KNOW WHAT THE, WHEN THEY'RE ASKING FOR RIDICULOUS RATES OR THEY'RE JUST NOT MARKETING IT AT ALL.

YOU KNOW IT, WHEN YOU AS AN ATTORNEY, YOU KNOW THIS, THAT YOU HAVE TO, YOU KNOW, WHEN, WHEN A, WHEN YOU HAVE A LANDLORD TENANT DISPUTE AND YOU HAVE, YOU KNOW, SOMEBODY THAT YOU'VE KICKED OUT, YOU HAVE TO PROVE AS A CONDITION PROCEEDED THAT YOU HAVE MADE A GOOD FAITH EFFORT TO RELEASE A PROPERTY.

AND

[01:10:01]

THAT IS A, THAT IS SOMETHING THAT YOU HAVE TO PROVE PROACTIVELY.

AND IT'S THE SAME THING HERE.

YOU HAVE TO PUT THE PRESSURE ON THE LANDLORDS TO ENSURE THAT THOSE VACANCIES ARE NOT A PRODUCT OF THE MARKET, BUT THEY'RE THAT MAKE SURE THEY'RE A PRODUCT OF THE MARKET AND THEY'RE NOT A PRODUCT OF JUST DECISION DECISIONS THEY'RE MAKING ON A CORPORATE LEVEL TO KEEP IT OPEN.

'CAUSE WE ARE NOT THE BENEFICIARIES OF THAT.

BUT MICHAEL, A LOT OF THESE SPACES, IT'S JUST, I MEAN, THESE ARE, THIS IS SHOULD BE COMMON KNOWLEDGE.

THESE SPACES ARE, YOU KNOW, 60, 70 YEARS OLD.

I MEAN, YOU'VE GOT SPACES THAT ARE A HUNDRED FEET, 120, 150 FEET DEEP THAT ARE MAYBE 30 OR 40 FEET WIDE, AND THEY'RE OBSOLETE.

THEY'RE FUNCTIONALLY OBSOLETE.

IT'S NOT THAT I DON'T THINK THAT THERE'S ANY LANDLORD ON THIS PLANET THAT DOESN'T WANT THEIR TENANT OR A TENANT TO OCCUPY THAT SPACE.

BUT, BUT HOW DO YOU, YOU'VE GOT, YOU'VE ALSO GOTTA REMEMBER PEOPLE ARE HAVING TO PAY, UM, TAXES, INSURANCE, EVERYTHING ELSE ON THOSE SPACES, AND THEY'RE EMPTY.

SO THAT DOESN'T BEHOOVE A LANDLORD TO KEEP, TO KEEP THE SPACE EMPTY.

BUT ALSO YOU'VE GOT, YOU KNOW, THIS IS A GOOD WAY TO INCENTIVIZE.

I CAN'T THINK OF ANYTHING BETTER THAN TO PUT RETAIL ON ANY OF THIS SPACE.

BUT, BUT IF YOU'VE GOT, UM, YOU'VE GOT A TENANT, LIKE I SAID, I THINK THINK THE LAST PLANNING BOARD MEETING, IF YOU'VE GOT A TENANT IN THERE THAT IS, THAT IS AMAZON GO, FOR INSTANCE.

I MEAN, ARE YOU GONNA LET AMAZON OFF THE HOOK TO LEASE TO SOMEBODY ELSE? THEY'RE ALREADY COLLECTING RENT.

IT'S JUST VACANT TO US.

YOU DON'T KNOW THAT IT'S FAKE.

YOU DON'T KNOW THAT IT'S ALREADY LEASED, BUT IT IS.

SO I, YOU KNOW, YOU CAN'T FORCE, YOU CAN'T, YOU CAN'T SAY, UM, AND YOU KNOW, WE'RE GONNA, YOU HAVE TO HAVE THE SPACE LEASE IN ORDER TO TAKE ADVANTAGE OF THIS.

I DON'T THINK THAT'S FAIR.

OKAY.

I, I, I RESPECTFULLY DISAGREE.

'CAUSE IF YOU DRIVE BY THE GOOD TIME HOTEL, ONE OF THE DOWNFALLS OF THAT PROJECT IS THAT THE STREET IS DEAD.

OKAY.

WHY? AND THE STREET IS DEAD BECAUSE THEY MADE, THEY MADE A CONSCIOUS DECISION TO NOT FILL THAT RETAIL THERE.

WELL, I DON'T THINK THAT THEY MADE A CONSCIOUS DECISION.

I THINK THAT IT'S JUST LIKE THE CARON WHERE THAT SPACE HAS TAKEN, WHAT 20 YEARS TO LEASE IS, IS THAT THOSE ARE CONDO DEVELOPERS, OR THAT'S A HOTEL DEVELOPER.

AND THE RETAIL SPACE IS ONLY AN AFTERTHOUGHT.

SO THOSE SPACES ARE, UM, YOU KNOW, THEY DON'T CARE IF THEY'RE LEASED OR NOT.

IT'S 25 PER 20, 20 FEET DEEP, OR, YOU KNOW, 30 FEET DEEP AND 60 FEET WIDE.

THAT'S UN LEASEABLE SPACE.

SO, AND, AND THEY'RE NOT PLUMBED, THEY'RE NOT ALL THESE OTHER THINGS.

SO IF, IF I WERE GONNA DO ANYTHING LIKE THAT, IT WOULD BE TO RECOMMEND THAT THOSE SPACES BE BROUGHT UP TO CODE IN ANY WAY POSSIBLE OR, OR TAKE IT OR USE SOME OF THIS TO, TO RENOVATE, WHICH IS I THINK, THE PURPOSE TO RENOVATE THOSE SPACES AND TO, UM, UH, YOU KNOW, NOT MAKE RETAIL A SECOND BECAUSE YOUR FIRST FLOOR IS YOUR MOST VALUABLE.

I I'VE SAID THIS TWO AND A HALF YEARS AGO, THAT, THAT PUTTING MICRO MOBILITY ON YOUR FIRST FLOOR IS NOT THE BEST, IS NOT THE HIGHEST AND BEST USE OF SPACE.

AND YOU, YOU NEED TO HAVE YOUR ACTIVATION THERE.

I MEAN, IF I LOOK AT, IF I, IF I LOOK AT IF I WANT, AND I DO WANT, UM, MIXED USE DEVELOPMENT, WHICH IS, YOU KNOW, THE LIVE, WORK, PLAY, ALL OF THAT, THE, I I, AND LOOK, THIS IS LINCOLN ROAD, YOU'RE ONLY GONNA GET SO MANY CHANCES TO GET IT RIGHT.

AND, YOU KNOW, I'M LOOKING AT AVALON IN ALPHARETTA, GEORGIA, WHICH HAS, YOU'VE GOT RETAIL, YOU'VE GOT, UM, A HOTEL IN THE BACK.

YOU'VE GOT, UM, YOUR SECOND FLOOR OR EVEN YOUR THIRD FLOOR HAS OFFICE, AND THEN YOU'VE GOT YOUR THIRD FLOOR.

AND FIFTH OR SIXTH FLOOR IS, IS, IS, UM, RESIDENTIAL.

I'M LOOKING AT POND CITY MARKET, WHICH IS A FORMER SEARS, UM, UH, SEARS MANUFACTURING PLANT.

AND THEY TOOK THAT ENTIRE BUILDING.

THEY GUTTED THE BUILDING AND THEY PUT RETAIL ON THE FIRST FLOOR.

THEY TOOK SOME OF THE BACK SPACE, WHICH IS PERFECT FOR LINCOLN ROAD.

YOU CAN TAKE PORTIONS OF THOSE 50 FOOT DEEP SPACES AND MAKE YOUR MICRO MOBILITY IN THE BACK.

YOU CAN, YOU CAN ADD UP ON TOP, UM, A FOOD HALL.

YOU CAN ADD WHATEVER IT IS THAT YOU WANT AND MAKE IT WHAT IT IS THAT IT SHOULD BE.

BUT HERE'S SOMETHING THAT'S NOT BEING ADDRESSED IN ALL OF THIS IS THE INFRASTRUCTURE AND CAN WE HANDLE IT? HAS ANYBODY, HAS A CITY DONE A, A PLAN TO SEE WHAT I MEAN, A STUDY TO SEE WHAT HAS TO BE DONE? I DON'T KNOW.

SO PART OF THIS APPLICATION, WE DID A PRELIMINARY ASSESSMENT OF, UM, THE WATER SEWER, THE PARKS, UM, THE CAPACITY IN TERMS OF THE AMOUNT OF WATER WE HAVE.

OKAY.

SO WE HAVE CONFIRMED THAT IN TERMS OF THE SPECIFICS AND, YOU KNOW, UNDERGROUND, UM, INFRASTRUCTURE, THAT'S SOMETHING THAT IS TYPICALLY REVIEWED AT BUILDING PERMIT, UM, TO MAKE SURE THAT THE, YOU KNOW,

[01:15:01]

UNDERGROUND PIPES ARE SUFFICIENT TO HANDLE ANY NEW, UM, LOAD ON OUR, ON OUR INFRASTRUCTURE.

THAT WOULD BE THE RESPONSIBILITY OF THE DEVELOPER IF THERE ARE UNDERSIZED, UM, INFRASTRUCTURE FOR A NEW DEVELOPMENT.

SO THIS IS SORT OF BEING DONE PIECEMEAL IN A WAY.

YEAH.

I KNOW THE CITY IS LOOKING HOLISTICALLY AND I THINK THE PUBLIC WORKS DEPARTMENT IS, UH, WORKING WITH A CONSULTANT ON A HYDRAULIC STUDY.

UM, I KNOW THEY'RE LOOKING IN NORTH BEACH, AND I BELIEVE THERE'S ALSO, PART OF THAT IS FOR SOUTH BEACH, UM, FOR MORE SPECIFICS IN TERMS OF WHAT TYPE OF UPGRADES ARE GONNA BE REQUIRED DEPENDING ON THE INTENSITY OF, OF NEW DEVELOPMENT.

UM, BUT WE DID PROVIDE, AS PART OF THIS, A PRELIMINARY ASSESSMENT IN TERMS OF DO WE HAVE, UH, THE WATER CAPACITY? DOES THE COUNTY HAVE THE WATER? YES, WE DO.

WE WE DO BELIEVE THAT THAT CAN BE ACCOMMODATED.

WILL THERE BE CERTAIN INFRASTRUCTURE UPGRADES THAT ARE REQUIRED AT THE DEVELOPER DURING THE PERMITTING PHASE? VERY LIKELY, YES.

I MEAN, ARE WE RIPPING UP LINCOLN ROAD IS, YOU KNOW, ARE WE LIKE, AND I DON'T THINK WE HAVE THE SPECIFIC ANSWERS TO THOSE QUESTIONS 'CAUSE WE DON'T HAVE A SPECIFIC PROJECT THAT WE'RE LOOKING AT RIGHT NOW.

SO DON'T, DON'T WE TYPICALLY HAVE A PROJECT BEFORE.

I FEEL LIKE, YOU KNOW, THAT HAS BEEN THE WAY THE CITY HAS OPERATED OVER THE PAST, YOU KNOW, AT LEAST SEVERAL YEARS THAT WE, WE LOOK AT THINGS MORE WHEN A SPECIFIC PROJECT COMES UP.

I THINK THE INTENTION OF THIS WAS TO TRY AND DO MORE, MORE OF A, UM, MASTER PLAN OR COMPREHENSIVE LOOK AT THE CITY AND THE COMMERCIAL AREAS WHERE WE, WE BELIEVE WE COULD INCENTIVIZE SOME ADDITIONAL RESIDENTIAL DEVELOPMENT.

SO ALTHOUGH YOU'RE CORRECT, I MEAN, WE'RE USED TO SEEING THINGS OVER THE PAST DECADE OR SO ON A SPECIFIC PROJECT BASIS.

THIS IS AN ATTEMPT TO, TO MORE HOLISTICALLY LOOK AT, UM, WHERE WE THINK ADDITIONAL DEVELOPMENT IS.

SO DON'T YOU HAVE TO HAVE A BUY-IN BY, I MEAN, FOR TDR, I MEAN, I MEAN THERE'S, THERE'S TWO DIFFERENT CAMPS, RIGHT? THERE'S, THERE'S THE SET BASE FAR PEOPLE THAT SAY, WHY ARE WE GOING, YOU KNOW, HAVING TWO PEOPLE COME TOGETHER AND SAY, OKAY, WE'RE GONNA SELL YOU OUR RIGHTS.

I DO REALIZE THAT THERE'S TWO POINT WHATEVER MILLION OF UNUSED FAR, BUT IF YOU, IF YOU, YOU'RE STILL HAVING TO HAVE PEOPLE COME TOGETHER TO MAKE THAT TRANSFER POSSIBLE.

BUT THEN, YOU KNOW, I'M TRYING TO UNDERSTAND HOW LIKE FLAMINGO PARK, I MEAN, WHERE, YOU KNOW, HOW, WHAT ARE THESE, YOU HAVE TO HAVE A PERCENTAGE OF THE RESIDENTS COME TOGETHER AND SAY, WE ARE AGREEABLE TO HAVING TO SELL YOU.

SO THAT'S, THAT IS A DISCUSSION THAT'S CURRENTLY AT THE LAND USE AND SUSTAINABILITY COMMITTEE.

AH, WHICH IS SEPARATE AND APART FROM THIS, THE WAY THIS IS CURRENTLY DRAFTED IS NOT CONTINGENT UPON THE PURCHASE OF FAR FROM ANOTHER PRIVATE PROPERTY OWNERS.

SO WHILE WE ARE LOOKING AT A TDR PROGRAM, UM, AND WE ARE AT LAND USE, WE'VE DONE IT, WE'VE RECENTLY DONE A MARKET STUDY, WHICH I BELIEVE IS EITHER FINAL OR SOON TO BE FINAL THAT WE ARE GOING TO PRESENT AGAIN AT THE LAND USE COMMITTEE.

COULD THAT POTENTIALLY BE ROLLED INTO THIS? PERHAPS THAT'S NOT CURRENTLY PART OF THE DRAFT ORDINANCE? SO THE FAR INCREASES THAT ARE CURRENTLY PROPOSED ARE JUST THAT FAR INCREASES NOT A REQUIREMENT THAT THEY TRANSFER FROM ANOTHER AREA AFTER THE PUBLIC.

I'M SORRY, AFTER THE PUBLIC MEETING.

UM, WILL THESE DRAFT AMENDMENTS POTENTIALLY BE REVISED? UM, DON'T, IN OTHER WORDS, JUST A POINT.

I DON'T ANTICIPATE THAT.

OKAY.

UM, AT THIS POINT, I THINK, YOU KNOW, DEPENDING, UM, ON THE SPECIFICS OF THE COMMENTS, RIGHT.

BUT I WOULD NOT ANTICIPATE ANY SIGNIFICANT CHANGES.

I THINK SOME IMPORTANT POINTS HAVE BEEN BROUGHT UP IN TERMS OF THE MICRO MOBILITY, WHERE IT'S LOCATED, HOW BIG IT IS, COULD IT BE THE FIRST FLOOR AND THE SECOND FLOOR AND DISTRIBUTED MORE SO THAT IT DOESN'T TAKE UP TOO MUCH OF THE GROUND FLOOR.

IF WE, IF, IF YOU KNOW, THE, THE PROPERTY OWNER CAN LEASE RETAIL.

I THINK ALL OF THOSE ARE IMPORTANT THINGS THAT, THAT MAYBE WE COULD LOOK AT.

UM, BUT IN TERMS OF ANY SUBSTANTIVE CHANGES, I DON'T ALL, ALRIGHT, THE ONLY REASON I'M ASKING IS IF THIS IS GONNA BE COMING BACK TO US FOR A WHOLE NOTHER DISCUSSION.

I DON'T WANNA BELABOR, UM, YOU KNOW, UNLESS I I I MEAN, I HAVE SOME THINGS I WANNA TALK ABOUT.

GO AHEAD.

I GUESS I, WHAT WAS THE HEIGHT OF THE PREVIOUSLY APPROVED PROJECT? 75.

YEAH, 75 FEET.

I HAVE CONCERNS ABOUT ADDING 150 FOOT BUILDING IN THE ONE B SECTION.

UM, IT, IT, IT'S GOING TO, AND I DON'T KNOW HOW TALL, I KNOW THERE'S APARTMENT BUILDINGS ACROSS THE STREET ON, UM, I GUESS THAT'S WEST AVE.

UM, BUT

[01:20:01]

I DON'T, NOT ONLY, I MEAN, I GET THE CONCERN ABOUT PROTECT, PROTECTING THE LINCOLN ROAD, YOU KNOW, THE NATURE OF LINCOLN ROAD, WHICH IS WHY THOSE HEIGHTS ARE, ARE SIGNIFICANTLY, YOU KNOW, LOWER.

BUT BY THIS, IN THIS SECTION, THE ONE B SECTION, IT'S SIGNIFICANTLY HIGHER.

AND THAT'S BECAUSE YOU'RE WORKING ON PROTECTING THE NATURE OF LINCOLN ROAD, WHICH THIS IS ACROSS THE STREET FROM LINCOLN ROAD.

BUT I, I DON'T THINK THAT THAT'S NECESSARILY TAKING INTO CONSIDERATION THE NATURE OF THAT WHAT'S GOING TO BE NEWLY RENOVATED WEST AVE CORRIDOR.

IT'S GONNA BE MUCH NICER STREETS.

THERE ARE BUILDINGS THERE, AND I EVEN BELL ISLE, THE BUILDINGS ON BELL ISLE HAVE A BEAUTIFUL VIEW TO LINCOLN ROAD AND TO THE PARKING GARAGE THERE.

UH, IT'S AN ARCHITECTURAL, YOU KNOW, YOU KNOW, MASTERPIECE.

UM, AND I THINK THIS WILL CLEARLY BLOCK THAT IF IT'S 150 FEET, AND NOT TO MENTION THAT THERE'S APARTMENT BUILDINGS THAT THIS WILL BE BLOCKING ALL OF IT.

AND SO, AND THEN I KNOW IN THERE, IN THE PROPOSAL, THERE'S A DISCUSSION ABOUT PROTECTING, UH, YOU KNOW, HAVING SETBACKS TO PROTECT, UH, THE, THE LINCOLN ROAD.

BUT THERE'S THE LINCOLN ROAD STREET SCAPE, BUT, UM, I DON'T, THERE'S NOTHING ABOUT THE ONE B SECTION.

SO I HAVE CONCERNS ABOUT RAISING IT THAT SIGNIFICANTLY.

UM, NUMBER ONE.

NUMBER TWO IS THAT SORT OF IN A CONTRADICTORY POSITION.

UM, AND THAT'S FOR THE RESIDENTS IN THE AREA, YOU KNOW, THAT'S A RESIDENTIAL AREA, AND YOU'RE ADDING IN A VERY, YOU KNOW, MUCH, MUCH BIGGER.

DO WE KNOW HOW TALL, LIKE THE TRADER JOE'S PARKING, YOU KNOW, OR TRADER JOE'S BUILDING.

AND THAT THE, WITH THE HOTEL BUILDING, I DON'T THINK THAT'S PROBABLY ABOUT 65 FEET.

YOU, YOU'RE ADDING A BUILDING THAT'S MORE THAN DOUBLE THAT.

I DON'T THINK THE RESIDENTS WANT THAT.

UM, EVEN, EVEN IF IT MAY ADD, YOU KNOW, UH, RESIDENTIAL UNITS, I DON'T THINK THE RESIDENTS WANT A BUILDING THAT'S DOUBLE THAT HIGH.

IT'S GONNA STICK OUT LIKE A SORE THUMB.

UM, CONTRADICTORY.

I DO THINK THAT FOR THIS AREA, IT'S SORT OF UNIQUE.

I GET THE IDEA OF REMOVING PARKING AND, AND THAT I THINK IS IMPORTANT.

THAT'S WHERE THE FUTURE IS GOING TO BE GOING.

UH, BUT FOR RIGHT NOW IN THAT AREA, THAT WOULD BE, YOU KNOW, VERY DETRIMENTAL TO THE REST OF THE, THE RESIDENTS IN THAT AREA.

THEY'RE LOSING, THEY'RE ALREADY LOSING ON WEST AVE, LIKE A HUNDRED AND SOMETHING PARKING SPOTS WITH ALL THE STREET, UH, RAISING THE STREETS.

AND SO WHERE, WHERE'S THAT EXTRA PARKING GONNA GO IF THEY, IF YOU DON'T GIVE THEM PARKING IN THAT BUILDING, THEN, UH, YOU KNOW, WHERE, WHERE ARE THEY GONNA PARK? AND THERE WAS DISCUSSION ABOUT THE, THE PERMITS TO BE ABLE TO PARK IN THE NEIGHBORHOOD, BUT THERE'S JUST ALREADY GONNA BE A SHORTAGE OF PARKING.

EVEN IF YOU DO THAT, UM, YOU KNOW, IT'S GOING TO COMPLETELY, YOU KNOW, THEY'RE GONNA HAVE TO START LEASING SPACES IN THE, IN THE NEIGHBORING BUILDINGS, WHICH WE ALREADY GAVE THEM EXEMPTIONS, UH, YOU KNOW, IN THAT HOTEL WE GAVE THEM EXEMPTION EXEMPTIONS FOR THE PROPOSED USES, AND THEY SWITCHED ALL THE USES THEN, THEN, YOU KNOW, AND SO I, I HAVE CONCERNS ABOUT, I KNOW THE, THE INTENT IS THE GOOD IS A GOOD INTENT, AND I DON'T, YOU KNOW, HAVE, UH, YOU KNOW, THE, IN TERMS OF THE INCREASES ON THE LINCOLN ROAD SIDE, I THINK, YOU KNOW, THERE'S, IT, IT'S MORE PALATABLE TO ME.

BUT, UM, I THINK THERE'S A GREAT PROJECT, WHAT YOU'RE PROPOSING, I THINK WE NEED SOMETHING LIKE THAT.

BUT HAVING A HUGE STRUCTURE THERE WITHOUT MUCH MORE OVERSIGHT, WHICH WITHOUT, WITHOUT UNDERSTANDING THE DETAILS, YOU KNOW, YOU MENTIONED, UH, HAVING, YOU KNOW, PUTTING IN AN ANOTHER TYPE OF EPICURE SORT OF THING ON THE BOTTOM FLOOR SHOULD HAVE LED WITH THAT, THAT YOU'RE BRINGING BACK EPICURE .

BUT, UH, BUT, UH, YOU KNOW, THE, I THINK THAT'S A GREAT CONCEPT.

THAT'S SOMETHING THAT I AM RECEPTIVE TO WHEN IT COMES TO THE, THE FIRST FLOOR OF A BUILDING LIKE THIS, AN APARTMENT BUILDING.

I'M RECEPTIVE TO HAVING A, YOU KNOW, A MARKET OR SOMETHING THAT'S GONNA BE REALLY AVAILABLE FOR RESIDENTS.

WHAT I'M NOT RECEPTIVE IS TO LEAVING IT OPEN-ENDED WHERE YOU CAN HAVE ANOTHER, INSTEAD OF A LAMBORGHINI EXPERIENCE, YOU HAVE AN ASTON MARTIN EXPERIENCE THAT'S NOT ACCESSIBLE TO ANY OF THE RESIDENTS, AND IT'S NOT ACCESSIBLE TO ANY, YOU KNOW, THE RESIDENTS OF THE BUILDING OR RESIDENTS OF THE NEIGHBORHOOD.

AND SO I DON'T, I I I DON'T, I'M NOT COMFORTABLE I MODIFYING IT WITHOUT UNDERSTANDING, UM, YOU KNOW, THE, THE WHAT, WHAT THE PURPOSE IS.

NOW I GET THAT YOU KIND OF NEED THAT GUIDANCE NOW BEFORE YOU START PUTTING EVERYTHING INTO PLANS.

BUT I, I, I, I GUESS MAYBE THE SOLUTION TO IT, UH, IS HAVING SOME SORT OF PLANNING BOARD WAIVER SYSTEM, LIKE THE PARKING.

UM, BUT YOU KNOW,

[01:25:01]

ONE OF THE PROBLEMS IS, IS THAT IN 15 YEARS WHEN YOU DON'T NEED THE PARKING, YOU KNOW YOU'RE GONNA HAVE ALL THAT, YOU KNOW, PARKING GARAGE SPACE.

AND SO I, I GET IT THAT WHAT I'M SAYING IS SORT OF CONTRADICTING BECAUSE YOU NEED THE HIGHER HEIGHT TO FIT THE PARKING.

UM, I, I, I UNDERSTAND THAT'S A PROBLEM, BUT I HAVE AN ISSUE WITH, I I THINK IF THAT OFFICE BUILDING CAME TO US, IT WAS A BEAUTIFUL PROJECT.

I REMEMBER IT, YOU KNOW, SPECIFICALLY HOW THE CARS WERE GONNA DRIVE IN AND THERE WAS GONNA BE A ROT ROTATE, SOMETHING ROTATE, YOU KNOW, UH, IT WAS VERY, VERY COOL.

IF YOU HAD SAID TO US THEN 150 FEET, I THINK IT, THERE'S NO WAY WE WOULD AGREE TO THAT, UM, AT THAT POINT.

AND, AND I'M NOT COMFORTABLE WITH IT NOW.

JUST KIDDING.

UM, WOULD I, AM I COMFORTABLE WITH SOMETHING SLIGHTLY INCREASED, YOU KNOW, TO GET RESIDENTIAL USE? YES.

UH, BUT I DON'T KNOW NECESSARILY WHAT THAT IS.

I'M CURIOUS TO HEAR.

I THINK THERE NEEDS TO BE MORE OF A, UH, SCALING ANALYSIS BY THE PLANNING DEPARTMENT, BY STAFF OR, OR BY THE APPLICANT, YOU KNOW, WHOEVER'S SUPPORTING THIS SO THAT WE CAN REALLY HAVE AN UNDERSTANDING OF WHAT THE ACTUAL IMPACT TO THE NEIGHBORHOOD IS GONNA BE.

AND I'M, I'M WORRIED THAT WHILE IT MAY GO THROUGH COMMUN, YOU KNOW, COMMUNITY MEETINGS, I, I DON'T KNOW IF ANYBODY REALLY UNDERSTANDS IT AND WILL READ THIS AND SAY, OH MY GOD, HOLD ON A SECOND.

RIGHT? AND, YOU KNOW, ALL THE NEIGHBORHOOD ASSOCIATIONS OR ANY OF THE FACT THAT NOBODY'S HERE NOW FROM, FROM SUNSET HARBOR ASSOCIATION, FROM WEST AVENUE ASSOCIATION.

I MEAN, I THINK THAT'S TELLING.

SO, UM, YEAH.

CAN I ADDRESS, SO, UH, IF, IF I MAY SURE.

UH, A COUPLE THINGS.

ONE, UM, JUST TO CLARIFY, THIS IS, THIS IS COMMISSIONER SUAREZ'S LINCOLN ROAD LEGISLATION, THAT'S MORE OF AN URBAN PLANNING LEGISLATION.

WE WILL BE PRESENTING OUR PRIVATE APPLICATION NEXT MONTH, AND WE WILL HAVE A FULL PACKAGE FOR YOU DESIGN, UH, BE VERY SPECIFIC ABOUT OUR PROPERTY.

UM, IN ADDITION, WE'LL INCLUDE A SURVEY OF HEIGHT OF THE HEIGHTS OF BUILDINGS SURROUNDING US.

SO WE'VE DONE, UM, A BIG SURVEY OF, OF EVERYTHING AROUND US.

AND JUST, JUST BY EXAMPLE, 1111 LINCOLN, WHICH IS DIRECTLY ACROSS THE STREET FROM OUR PROJECT, IS ABOUT 170 FEET, RIGHT? 160 SOMETHING SEVEN.

YEAH.

SO, UM, AND, AND, AND WEST AVENUE BUILDINGS BEHIND US ALL EXCEED THAT WEST, WEST BAY.

THE WEST BAY CONDO IS 130 OR 40 FEET.

SO THERE'S, THERE'S PROBABLY ABOUT A DOZEN BUILDINGS WITHIN A, A FEW BLOCKS THAT ARE, YOU KNOW, HIGHER THAN ONE 50.

UM, THE, THE ADDITIONALLY, I'LL ADDRESS A COUPLE OTHER THINGS.

ONE IS THAT IF YOU'RE CONCERNED ABOUT PARKING IN THE FUTURE, 150 FEET'S GONNA REGULATE THAT BECAUSE NO ONE'S, IF YOU, REGARDLESS OF YOUR FAR AND REGARDLESS OF YOUR USES, IF YOU CAN'T GO ABOVE ONE 50, NO ONE'S GONNA BUILD FIVE STORIES OF PARKING.

RIGHT.

THAT'S, YOU'RE NOT GONNA LOSE A THIRD OF YOUR BUILDING OF HEIGHT TO PARKING.

SO AT THE END OF THE DAY, THE, THE MAX PARKING YOU CAN HAVE IS TWO, THREE, MAYBE MAX MAX, BUT PROBABLY MORE LIKE THREE LEVELS OF PARKING, BECAUSE NO ONE'S GONNA WANT TO LOSE ALL THE HEIGHT.

OTHERWISE YOU'RE, IT'S, IT'S A NON-REVENUE USE FOR IN FAVOR OF REVENUE USE.

RIGHT.

UM, THE, WE, WE, WE WALKED THE STREETS, UM, AND BY THE WAY, WITH OUR PRIVATE APPLICATION, YOU'RE, WE HAVE MET WITH LINCOLN ROAD BID, UH, WASHINGTON AVENUE BID.

SO BE WEST WNA, UM, UH, 15 TO 20 DIFFERENT GROUPS.

WE'VE, WE'VE, WE'VE MET WITH HUNDREDS OF PEOPLE PUBLICLY AND PRI YOU KNOW, AND, AND THROUGH INDIVIDUAL MEETINGS.

UM, SO YOU'LL HAVE THE, THE NEIGHBORHOOD FEEDBACK SUPPORT, AND WE'LL HAVE LETTERS REFLECTING THAT.

UM, BUT WE WALKED THE HALF MILE RADIUS OF, OF THIS LEGISLATION, THERE'S OVER 35 VACANCIES, UM, WITHIN A HALF A MILE OF THIS, OF THIS, OF, OF OUR PROPERTY, LIKE COMMERCIAL, COMMERCIAL RETAIL.

BUT JUST BECAUSE AN OWNER ISN'T OPERATING DOESN'T MEAN THE SPACE ISN'T LEASED.

CORRECT.

AND SO I'LL ADDRESS THAT.

BUT, BUT I THINK THAT THE, THE REASON FOR THAT, AND YOU WHY YOU DON'T SEE THAT FOR EAST ON LINCOLN ROAD IS BECAUSE YOU DON'T HAVE MANY RESIDENTS THAT, AND WE SPOKE TO HUNDREDS OF PEOPLE THAT LIVE ON WEST AVENUE.

WEST AVENUE RESIDENTS WILL WALK TO SUNSET HARBOR AND THEY'LL WALK SOUTH TO SOUTH OF FIFTH.

THEY WILL NOT WALK EAST.

UM, SO YOU, YOU NEED COMMERCIAL USES LIKE OFFICE, LIKE RETAIL TO ATTRACT AND, AND, AND BRING DENSITY TO LINCOLN ROAD WEST.

THAT'S WHY LINCOLN ROAD WEST RETAIL SUFFERS LIKE THE ULTIMATE ROAD CORRIDOR.

CORRIDOR SUFFERS.

IT'S VERY HECK, IT'S NOT PEDESTRIAN AT ALL.

UM, AND SO IF YOU HAVE MORE OFFICE SPACE AND MORE, YOU KNOW, RE RETAIL USES, YOU'LL BRING MORE DENSITY AND THOSE USES WILL, THEY WILL FILL IN.

SO THAT'S WHY I THINK THAT THE 60% IS SO CRITICAL, BECAUSE YOU DO STILL NEED THE COMMERCIAL MASS TO ATTRACT THE RESIDENTS TO WANNA LIVE THERE.

I AGREE.

UM, THE, IN TERMS OF, UH, IN TERMS OF THE AFFORDABILITY, 150 FEET OF HEIGHT, JUST FOR PERSPECTIVE, IS LIKE, AND BETWEEN 12 AND 15 STORIES, IT'S NOT 30 STORIES.

IT'S NOT FIVE PARK, IT'S NOT A HIGH RISE IN, IN OUR WORLD.

IT'S, IT'S REALLY LIKE A MID-RISE.

AND SO YOU'RE NOT GONNA HAVE WATER VIEWS.

UM, YOU'RE NOT GONNA HAVE, YOU, YOU CAN'T COMPETE WITH THE LUXURY PRODUCT OF BELL ISLE, OF WEST A OF, UH, WEST AVENUE OF FIVE PARK, ET CETERA.

SO IT'S GONNA BE, THE MARKET'S GONNA DICTATE THE, THE MISSING

[01:30:01]

MIDDLE, UM, UH, RENT LEVELS OR, OR EVEN IF YOU, IF SOMEONE DID CONDO, WE'RE NOT A ACCOUNT DEVELOPER, BUT IF SOMEONE DID, IT'S GONNA DICTATE IT BY THE FACT THAT THE VIEWS JUST AREN'T, YOU KNOW, OVERLY ATTRACTIVE FOR A LUXURY.

IT'S GONNA BE A, A, A B PLUS, A MINUS KIND OF PRODUCT.

UM, AND THEN LASTLY, JUST TO ADDRESS THE, UH, THE, YOU KNOW, TWO OTHER THINGS.

ONE ON AFFORDABILITY.

THIS IS, THIS IS AN ALTERNATIVE LEGISLATION TO LIVE LOCAL.

SO THIS GIVES THE CITY, THE PLANNING BOARD, HISTORIC PRESERVATION BOARD, IT GIVES ALL THESE, ALL THESE LEGISLATIVE BODIES THE ABILITY TO TAKE CONTROL BACK OF THE CITY AND CREATE MISSING, MIS MISSING MIDDLE HOUSING, REGULATE THE HEIGHT, REGULATE THE FAR WITHOUT LOSING IT TO THE, TO THE STATE LEGISLATION.

AND THAT'S WHAT WE'RE TRYING TO PRESENT.

AND FINALLY, ON THE, UM, ON THE RETAIL, JUST TO TO MENTION, I, I THINK THAT IF, IF A PROPERTY SAT VACANT FOR, FOR MORE THAN, YOU KNOW, WHATEVER THE TIMEFRAME, CALL IT, SIX MONTHS, AND IT WASN'T LEASED.

'CAUSE YOU CAN'T, IF SOMETHING'S LEASED AND THAT, THAT BUSINESS OWNER'S ULTIMATELY HARMING THEMSELVES BY PAYING RENT AND NOT OCCUPYING, BUT YOU COULD SAY OVER A DESIGNATED PERIOD OF TIME OF VACANCY, IT HAS TO BE GIVEN BACK TO LOCAL ARTISTS.

LOCAL COMMUNITY USES, WELL, THAT'S A GO DARK CLAUSE ON A LEASE THAT'S A GO DARK CLAUSE IN A LEASE.

BUT, BUT YOU CAN'T, BUT, BUT YOU'RE STILL NOT, IT'S LEASE.

IF IT'S LEASED, THEN, THEN IT'S ENCUMBERED.

AND THAT BUSINESS IS ULTIMATELY HARMING ITSELF EVERY DAY BY NOT OPERATING THERE.

AND, BUT MOST LEASES DO HAVE CLAUSES THAT IF YOU'RE CLOSED FOR A CERTAIN PERIOD OF TIME, YOU CAN BE TERMINATED.

AND SO THE ALTERNATIVE, IF IT'S JUST VACANT AND NO ONE'S INTERESTED IN THE SPACE, THEN THE CITY COULD REQUIRE THAT.

UH, IT HAS TO BE GIVEN, YOU KNOW, POPUPS HAVE TO BE THREE MONTHS, SIX MONTH USES FOR, FOR ARTISTS AND STUFF LIKE THAT.

NATURE.

I'VE BEEN TRYING TO GET A TEMPORARY SPACE ACTIVATION FOR A LONG TIME.

YEAH.

AND, YOU KNOW, GET CURRENT RETAILERS THAT ARE IN DIFFERENT PARTS OF THE CITY, EVEN TO, TO WORK WITH SOME OF THE OWNERS AND LANDLORDS TO TRY TO ACTIVATE EVEN THE FIRST FIVE, 10 FEET OF THE SPACE.

BUT I DON'T KNOW WHAT CODE, YOU KNOW, I DON'T KNOW WHAT'S TO CODE, WHAT'S NOT TO CODE WHAT THEY CAN AND CAN'T DO.

AND BECAUSE THEY'RE, IT LINCOLN ROAD IS SO FRACTURED, BUT WITH OWNERSHIP.

BUT, UM, YOU KNOW, THOSE ARE CERTAINLY GREAT IDEAS.

AND I MEAN, I'M ALL, I'M ALL FOR THAT.

BUT I, I, I'M, IT'S JUST DIFFICULT BECAUSE YOU'VE GOT SO MANY DIFFERENT OWNERS AND, AND, AND LIKE WHO'VE SAID, UH, MICHAEL SAID THAT THEY'RE, YOU KNOW, A LOT OF 'EM ARE OUTTA TOWN.

I MEAN, HOW DO YOU GET THEM TO RESPOND? YOU KNOW? I MEAN, I'VE GONE AND I'VE MADE PHONE CALLS MYSELF TRYING TO GET SOMEBODY TO RESPOND TO ME, AND THEY DIDN'T EVEN CALL ME BACK.

SO WHAT DOES THAT SAY? YOU KNOW, I DON'T KNOW.

THAT'S WHERE YOU NEED TO HOLD THE ACCOUNTABILITY, I THINK.

BUT WELL, JUST LIKE THE CITY REQUIRES THINGS TO BE PUT IN THE STOREFRONT.

THERE COULD BE AN ACTIVATION COMPONENT AND, AND A CODE THAT SAYS IT HAS TO BE ACTIVATED IF IT'S, YOU KNOW, DORMANT FOR X AMOUNT OF MONTHS AND WHATEVER THAT MEANS.

IT COULD JUST BE PROBLEM WITH THAT, YOU KNOW, GIVING THE SPACE TO A LOCAL ARTIST TO DISPLAY THEIR ART, THEIR ART ARTWORK.

I MEAN, THAT'S A DIFFERENT, THAT'S A DIFFERENT DISCUSSION.

BUT I, BUT MORE OF LIKE THE CUP, THE PLANNING WHEN THEY COME BACK FOR THEIR INDIVIDUAL APPLICATION.

IT WOULDN'T NOT BE MORE OF THE DISCUSSION FOR THAT SINCE WE'RE LIMITED HERE AND WHAT WE'RE, I MEAN, THE CHALLENGE IN ANY EVENT IS GONNA BE ENFORCING THAT, RIGHT? RIGHT.

IS ONCE, ONCE A BUILDING IS CONSTRUCTED AND, AND OTHERWISE OCCUPIED, WHAT RECOURSE ARE WE, WHAT ARE WE GONNA ISSUE A ZONING VIOLATION IF IT'S NOT ACTUALLY, I MEAN, GONNA BE, THAT'S, THAT'S A 10, THAT'S A, THAT'S A PRIVATE MARKET TRANSACTION.

SO I MEAN, I, I MEAN, IT'S JUST, THOSE ARE, THOSE ARE, YOU KNOW, THERE'S ALL KINDS OF WAYS TO MAKE THINGS WORK IF THERE'S A WILL.

AND, AND ONE, ONE LAST THING, SORRY.

THE, JUST TO GIVE EVERYONE A LITTLE BIT OF THESE, AND JONATHAN, UH, , THE, THE AVERAGE LOT SIZE IN MY BEACH IS, I DON'T KNOW, 7,000 SQUARE FEET.

YEP.

OKAY.

SO WHEN YOU TALK ABOUT WHETHER IT'S LIVE LOCAL OR THIS LEGISLATION OR PRIVATE APPLICATION OR WHATEVER KIND OF, UH, PLANNING, YOU'RE, YOU'RE, YOU'RE, UM, REVIEWING IT, IT TAKES EASILY, MINIMUM 25,000 SQUARE FEET TO ACTUALLY HAVE IN A, YOU KNOW, CONSOLIDATED LIKE BUILDING TO ACTUALLY DEVELOP SOMETHING OF THIS KIND OF SCALE JUST BECAUSE OF FPL VAULTS AND, AND RAMP CIRCULATION AND YOU KNOW, EVERYTHING THAT, THAT'S NEEDED ON THE GROUND FLOOR.

SO THE IDEA THAT THAT, AND AS YOU SAW WITH THE WASHINGTON AVENUE HOTEL LEGISLATION, TWO PROPERTIES GOT BUILT.

IT WASN'T SOME BIG, YOU KNOW, WINDFALL OF DEVELOPMENT, UM, TO ASSEMBLE A 25,000, 30,000, A 40,000 SQUARE FOOT, YOU KNOW, A LOT IN OUR CASE, WE THIS FOR THIS LEGISLATION IS 45,000 SQUARE FEET MINIMUM ON ALONG ALTON ROAD.

UM, IT'S, IT'S, IT'S GONNA BE LE LIKE WAY LESS THAN A HANDFUL OF PROPERTIES.

YOU'RE TALKING ABOUT 2, 3, 1 MAYBE THAT ACTUALLY CAN BE ASSEMBLED AT THAT SCALE.

SO THIS ISN'T GONNA CHA, YOU KNOW, CHANGE THE SKYLINE OF THE CITY OR BY ANY MEANS AT ALL.

I MEAN, HOW, I DON'T EVEN KNOW HOW TALL IS, UM, THE CLOCK TOWER BUILDING? WHAT, UM, THAT'S OVER ONE 50.

YEAH, IT'S GOTTA BE 200 PLUS.

YEAH, I MEAN, I'M JUST THINKING LIKE THOSE ARE NOT, WHAT WAS THE COMPARISON? THE , I THINK IS 14 FLOORS HIGH.

YEAH.

WHAT, WHAT WAS THE, WHAT WAS THE REASONING BEHIND THE HEIGHTS THAT WERE CHOSEN TO ONE 50 THERE AND, AND IN AREA THREE, ONLY 75, IS IT BECAUSE THERE'S RESIDENTIAL ON AREA BEHIND AREA

[01:35:01]

THREE? WHAT WAS THE YEAH, I MEAN, AREA TWO AND THREE ARE DIFFERENT BECAUSE THEY ARE PART OF A HISTORIC DISTRICT.

UM, SO THAT'S NUMBER ONE.

AND WE'RE TRYING TO PRESERVE AT, AT LEAST AT THE STREET LEVEL, THE CHARACTER OF LINCOLN ROAD.

I MEAN, THE CITY CHOSE TO DESIGNATE IT, AND WE'VE RESTORED AND, AND PRESERVED LINCOLN ROAD FOR IN, IN INCLUDING THE LAPIDUS, UM, PEDESTRIANIZATION DESIGN.

IT'S UNDERGOING A MAJOR RENOVATION RIGHT NOW.

UM, SO WE WANTED TO KEEP THE HEIGHTS LOWER ON, ON AREA TWO AND THREE TO, TO BE MORE IN CHARACTER OF THE HISTORIC DISTRICT AREA.

ONE, WE CHOSE A MUCH TALLER HEIGHT BECAUSE AREA ONE IS CURRENTLY A, YOU KNOW, IN TERMS OF ALL OF THESE AREAS, ZONE FOR THE TALLEST HEIGHT OF UP TO 80 FEET, UM, AREA ONE B, UM, WE LOOKED AT AND, AND DETERMINED THAT BECAUSE WE DO ANTICIPATE THIS ALTON ROAD CORRIDOR, UM, YOU KNOW, WHICH IS A HEAVILY TRAVELED COMMERCIAL CORRIDOR TO DEVELOP.

UM, YOU KNOW, JUST FOR AN EXAMPLE, AND, AND WE DON'T KNOW WHERE THESE ARE GOING, BUT I THINK WE'VE RECEIVED CLOSE TO A DOZEN, BUT DEFINITELY OVER A HALF A DOZEN LIVE LOCAL PROJECTS FOR, FOR THIS ALTON ROAD AREA.

I LIKE THE, I LIKE THE ALTERNATIVE .

UM, AND SO WE, WE THOUGHT THAT ONE 50, UM, MAY BE ABLE TO BE ACCOMMODATED.

NOW, UM, WE HAVEN'T LOOKED, I, I THINK SPECIFICALLY THIS WAS, THIS AREA ONE B WAS, WAS ADDED LATER.

UM, BECAUSE I KNOW, UM, MR. BERG DID HAVE DISCUSSIONS WITH THE, WITH THE ITEM SPONSOR.

SO WE COULD START LOOKING AT MAYBE SETBACKS AND THOSE TYPES OF, UM, MECHANISMS, UM, AND MAYBE LOOK A LITTLE BIT CLOSER AT COMPATIBILITY WITH THE, WITH THE WEST AVENUE NEIGHBORHOOD.

UM, BUT IN GENERAL, UM, WE DID FEEL THAT, THAT THESE PROPERTIES COULD POTENTIALLY ACCOMMODATE 150 FOOT HEIGHT AND STILL BE COMPATIBLE WITH THE NEIGHBORHOOD.

THIS WOULD REQUIRE DESIGN REVIEW BOARD AS WELL.

UM, IN, IN DESIGN REVIEW BOARD, UM, ONE OF THEIR CRITERIA IS TO LOOK AT COMPATIBILITY, AND THAT INCLUDES HEIGHT.

UM, BUT WE COULD CERTAINLY LOOK AT IT FURTHER.

SO HAS A PROFESSIONAL URBAN PLANNER SOMEONE THAT'S NOT WITHIN THE CITY? HA HAVE THEY, HAS ANYBODY ACTUALLY DONE THIS ENTIRE THING? THAT'S NOT, I MEAN, I, NOT WITHSTANDING THE CITY AND TOM AND EVERYBODY ELSE, AND ROHELIO, I'M JUST ASKING IT, IT FEELS LIKE IT'S NOT ALL THE WAY THERE.

I, I'M JUST, AND THIS WAS DEVELOPED IN HOUSE BY OUR PROFESSIONAL PLANNING DEPARTMENT, YOU KNOW WHAT I'M SAYING? UM, IF YOU HAVE SUGGESTIONS, THAT IS CERTAINLY THE ROLE OF THE PLANNING BOARD TO MAKE THOSE RECOMMENDATIONS.

OKAY.

ALRIGHT, MA'AM, YOU WANNA SPEAK? OH, HI, I'M CLAUDIA JAGGED.

I'M WITH THE LINCOLN ROAD BID, SO I'M HAPPY TO ADDRESS SOME OF THE THINGS THAT HAVE BEEN SAID ABOUT THE POPUPS.

UM, I DO HAVE CONTACT WITH ALL THE PROPERTY OWNERS ON LINCOLN ROAD.

I EMAIL THEM CONSTANTLY.

SO IF THERE IS A POPUP OR YOU WANNA ACTIVATE THE WINDOWS WITH ART, WE'VE DONE IT MANY TIMES.

WE'VE PUT IT UNDER OUR, OUR MASTER PERMIT.

UM, THE WAY IT WORKS IS PEOPLE CONTACT US BECAUSE THERE ARE SO MANY PROPERTY OWNERS AND WE HELP FACILITATE AND WE SEND AN EMAIL OUT TO ALL OF THE PROPERTY OWNERS ASKING THEM TO ACCOMMODATE THESE POPUPS.

AND THEY DO.

UM, HAVE YOU TRIED, HAVE YOU TRIED TO, I MEAN, THIS IS A TOTALLY OFF TOPIC, BUT HAVE YOU TRIED TO JUST DO A COMPLETE PLAN FOR LINCOLN ROAD SO THAT YOU DON'T, SO THAT YOU DON'T HAVE THE, THE PAPERED OFF SPACES AND THE, YOU KNOW, THOSE KINDS OF THINGS? I MEAN, I FEEL LIKE THAT THAT WOULD JUST BE FANTASTIC.

I MEAN, I THINK MAX MAR OR SOMEBODY DID IT, SOME, SOMEBODY DID SOMETHING DOWN THERE WHERE THEY HAD THEIR SPACE WITH CAN, UH, MANNEQUINS OR SOMETHING LIKE THAT.

AND I'M JUST LIKE, ANYTHING THAT THAT LOOKS LIKE IT'S ACTIVATED IS HELPFUL.

SO WE DO ARTISTS, BUT THERE'S A LOT OF, UM, WHICH I CAN ADD ALL OF YOU ONTO MY MOMENTUM REPORT.

SO YOU SEE WHAT'S REALLY GOING ON BEHIND THE SCENES, BUT THERE'S AT LEAST 15 TO 20 PEOPLE, UM, OPENING ON LINCOLN ROAD.

YES.

SO THERE'S A LOT OF LOIS, THERE'S A LOT OF THINGS THAT WE'RE NOT ALLOWED TO TALK ABOUT BECAUSE THE BRANDS HAVEN'T ANNOUNCED IT.

SURE.

SO THE VACANCY RATE IS NOT WHAT IT APPEARS TO BE.

SO A LOT OF LANDLORDS CAN'T ACTIVATE THEIR SPACES BECAUSE THEY'RE LEASED.

THEY'RE GOING THROUGH THE PERMITTING PROCESS, WHICH WE ALSO HELP TREMENDOUSLY WITH.

I MEAN, ANNABELLE'S ON THE PHONE WITH EVERY DEPARTMENT TRYING TO HOLD THEIR HAND AND PUSH THESE THROUGH.

UM, SO I JUST WANNA LEVEL SET THE, ANY OF THE MYTHS ABOUT LINCOLN ROAD, BECAUSE THE LINCOLN ROAD BID CAN HELP IF SOMEBODY WANTS TO OPEN ON LINCOLN ROAD OR DO A POPUP.

THANK YOU.

AND CAN I ASK, UM, WHAT'S THE CITY LIKE? WHAT WAS BEHIND

[01:40:01]

THE PROPOSAL FOR THE FIRST FLOOR TO BE FULLY RESIDENTIAL USES? IS THAT LIKE THE LOBBY? IT'S NOT ACTUALLY HAVING RESIDENCE ON THE FIRST FLOOR.

IT'S HAVING LIKE THE LOBBY AND RESIDENTIAL LIKE AMENITIES.

YEAH, I THINK, YOU KNOW, THE FIRST FLOOR WAS ENVISIONED AS, UM, WELL, YOU'RE GONNA HAVE SOME BACK OF HOUSE ON THE FIRST FLOOR AS WELL, RIGHT? YOU'RE GONNA HAVE THE LOBBY AND POTENTIALLY SOME RETAIL.

I THINK THE, UH, MICRO MOBILITY REQUIREMENT, WHILE THE DRAFT TEXT REQUIRES A AREA, RIGHT? SO 50% OF THE GROUND FLOOR AREA NEEDS TO BE DEDICATED TO MICRO MOBILITY.

IT DOESN'T SPECIFICALLY SAY THAT ALL THE MICRO MOBILITY NEEDS TO BE LOCATED ON THE GROUND FLOOR.

UM, JUST BASICALLY GIVING A, A MINIMUM SQUARE FOOTAGE.

AND I THINK IT DOES MAKE SENSE POTENTIALLY TO LOOK AT SECOND FLOOR ACTIVITY FOR, FOR THINGS LIKE THAT TOO, BECAUSE IT MAY BE DIFFICULT, UM, TO CRAM ALL OF WHAT'S GONNA BE REQUIRED, NOT ONLY FOR BACK OF HOUSE, BUT TRYING TO GET SOME, SOME RETAIL AND THE MICRO MOBILITY ALL INTO THE GROUND FLOOR.

SO, UM, I DO THINK SECOND LEVEL COULD POTENTIALLY BE OPENED UP TO THOSE TYPES OF AMENITIES SLASH UM, YOU KNOW, ADDITIONAL MICRO MOBILITY.

SO, UM, I HAVE A QUESTION AND IT, IT'S FOR THE, THE ENTIRE ALL THE AREAS AND THEN I CAN SPEAK SPECIFICALLY TO YOUR PROJECT.

UH, I'M READING THAT, UM, I GUESS THE, AS OF NOW, IS THERE A MAXIMUM UNIT SIZE INCORPORATED INTO THIS ORDINANCE? INITIALLY WHEN THIS ORDINANCE WAS DRAFTED, THERE WAS AT, UH, 1200 FEET WHEN WE WERE AT THE LAND USE COMMITTEE.

UM, LAST YEAR.

IT WAS A VERY LONG TIME AGO.

UM, I THINK IT WAS LAST YEAR, UM, THAT WAS REMOVED.

UM, THERE WAS A DISCUSSION IN, YOU KNOW, I THINK SOME OF THE COMMITTEE MEMBERS WERE UNCOMFORTABLE, UM, WITH HAVING A MAXIMUM UNIT SIZE AND THAT WAS REMOVED.

UM, THAT WAS SOMETHING THAT PLANNING STAFF SUPPORTED THE, IF WE WANTED TO ROLL IT BACK IN, UM, A MAXIMUM UNIT SIZE.

AND THAT, YOU KNOW, THAT WITH THE PARKING, SO THE LIMITATION ON PARKING PLUS THE LIMITATION ON, UH, UM, A UNIT SIZE, YOU KNOW, KIND OF DEFACTO SETS MORE OF A REASONABLE PRICE PER PER UNIT.

AND THAT WAS ONE OF THE REASONS THAT, I MEAN, THE, THE WHOLE IDEA OF EVERYTHING WE'RE DOING IN TERMS OF THESE INCENTIVES IS TO INCENTIVIZE RESIDENTIAL.

UM, AND, UM, I THINK THAT GOES A LONG WAY.

I KNOW IT'S BEEN, AT LEAST ON THE WASHINGTON AVENUE ONE, IT'S IN THE ORDINANCE, IT'S OUT, IT'S IN, I THINK AS OF NOW IT'S IN.

I THINK THAT SHOULD BE A PART OF ANYTHING THAT WE APPROVE OR RECOMMEND.

WASHINGTON AVENUE, WE ROLLED BACK IN AND IT WAS 1300 SQUARE FEET.

YEAH, THERE NEEDS TO BE SOME SORT OF, I MEAN, BECAUSE, YOU KNOW, IF YOU DO A 2,500 SQUARE FOOT UNIT, THAT'S NOT GONNA BE ATTAINABLE.

UM, AS FAR AS YOUR PROJECT, WHETHER YOU MOVE FORWARD AS PART OF THIS ORDINANCE OR A PRIVATE APPLICATION, UM, AS I SAID BEFORE, THE WHOLE IDEA OF THIS IS RESIDENTIAL TO INCENTIVIZE RESIDENTIAL.

UM, YOU'RE, YOU'RE AT SIX SAYING YOU WANNA DO 60% RESIDENTIAL.

I TOO THINK THAT'S, THAT'S TOO LOW.

UM, I KNOW THEY TALKED ABOUT JUST HAVE, OR THE STAFF IS RECOMMENDING JUST COMMERCIAL ON THE FIRST FLOOR.

QUIEL MENTIONED MAYBE THE SECOND FLOOR.

I COULD SEE THAT MAYBE EVEN THE THIRD, YOU KNOW, FOR THE SIZE OF YOUR BUILDING, MAYBE EVEN THE THIRD.

BUT I THINK THE VAST MAJORITY OF, OF ANY PROJECT THAT TAKES ADVANTAGE OF THESE ORDINANCES SHOULD BE FOR RESIDENTIAL.

UM, YOU KNOW, WHAT THAT NUMBER IS.

AGAIN, WE CAN DEBATE THAT, BUT, BUT 60% IS TOO LOW, IN MY OPINION.

UM, AS FAR AS THE PARKING, I ALWAYS SAID, YOU KNOW, IN TALKING ABOUT THE WASHINGTON AVENUE, THAT, AND I AGREE WITH YOU TO A CERTAIN EXTENT, IT'S IMPRACTICAL TO HAVE ALL THESE UNITS AND ZERO PARKING, YOU'RE GOING TO HAVE PEOPLE THAT NEED PARKING.

UM, 80% MAYBE IS TOO HIGH.

I HONESTLY, IT ALMOST SEEMS LIKE THAT'S MAINLY GONNA BE USED FOR WHATEVER OFFICE SPACE YOU HAVE THERE.

I KNOW OBVIOUS, MAYBE SOME OF YOUR, YOU KNOW, THE PEOPLE LIVING THERE, UM, WOULD WORK THERE AND THEY WOULDN'T NEED A CAR, BUT 80% MAYBE IS TOO HIGH.

THAT'S JUST BUMPING UP THE, UH, THE SIZE OF YOUR BUILDING.

UM, I THINK IN TERMS OF HEIGHT, UM, AND WHERE THAT NUMBER IS, AGAIN, WE CAN BE OPEN TO THAT.

UM, WHETHER IT'S ONE CAR FOR FIVE UNITS, ONE FOR 10, OR WHATEVER THAT IS.

UM, BUT I THINK 80 MIGHT BE TOO HIGH.

UM, 20%, UH, YOU KNOW, PARK OR, OR WHAT WAS THE NUMBER? WAS IT 20%? I THINK IT'S 80% OF THE, OF THE LOWEST TIER.

SO I THINK YEAH, IN OTHER WORDS, WHATEVER THE NUMBERS ARE, WE CAN

[01:45:01]

FIGURE THAT OUT.

BUT I DO THINK ON ALL THESE PROJECTS, REALLY PARKING, YOU'RE GONNA NEED SOME PARKING.

UM, AND AGAIN, I, WE CAN, WE CAN GO BACK AND FORTH ON WHAT THAT NUMBER IS.

UM, BUT YOU KNOW, 80% THAT'S, YOU'RE BASICALLY SAYING YOU'RE PROVIDING PARKING FOR THE ENTIRE, FOR THE ENTIRE PROJECT, FOR ALL THE UNITS IN THE BUILDING ALMOST.

UM, AND THAT AGAIN, THAT THAT'S GOING A LITTLE, MAYBE TOO FAR.

AND I THINK ALL THAT'S, I THINK THE 80% IS ALSO FOR TO, TO COMPENSATE FOR THE RE RETAIL CLIENTS TOO.

YEAH.

THAT'S PART OF IT.

BUT IT, IT, WHAT THAT DOES, IT MAKES THE BUILDING HIGHER AS WELL.

IT, IT'S A PROPOSED WAIVER UP UP TO 80%.

AND THEN THERE'S ALSO THE ABILITY, IF I MAY, UH, THE VIRTUE OF THIS, OF HAVING THE MIXED USE, OF COURSE, IS THE SHARED PARKING ABILITY WHERE THE SAME SPACES AREN'T USED AT THE SAME TIME.

MM-HMM .

NO, I UNDERSTAND.

BUT IT, IT'D BE A WAIVER AND IT'D BE THE PLANNING BOARD'S ABILITY TO WAIVE.

AND AGAIN, WE'RE, UM, COME UP WITH WHAT NUMBER WOULD, YOU KNOW, WOULD BE, BE ALLOWED TO GIVE A WAIVER UP TOO.

SO, UM, AS FAR AS MICRO MOBILITY, I'M COULD BE ON THE SECOND FLOOR, FIRST FLOOR.

I, I DON'T, UM, THAT'S SOMETHING THAT I THINK IF, UH, PUT IT ON THE ROOF YEAH.

WHEREVER, I MEAN, I'M OPEN TO WHATEVER.

WE ALSO THINK IT SHOULD BE A, A, A PERCENTAGE OF SPACES NOT SQUARE FOOTAGE, BECAUSE MICRO MOBILITY IS, IS IS MOVING.

LIKE IT COULD BE A MO IT COULD BE SCOOTERS, LIKE, YOU KNOW, RIGHT.

LIKE IT COULD BE BIKES.

SO IT'S, IT'S EASY.

I THINK IT'S MORE ABOUT NUMBER SPACES THAN SQUARE FOOTAGE.

I AGREE.

THOSE IN PRETTY CLOSE.

SO, UM, YEAH.

ANYWAY, THOSE ARE MY COMMENTS.

YEAH.

SO AGAIN, I DON'T, I THINK WE'RE GONNA MOVE ON BECAUSE WE'RE GONNA BE COMING BACK, BUT IN LIGHT OF ALL THE COMMENTS, THAT'S WHY I'M ASKING AT THIS NEW PUBLIC HEARING THAT'S COME, COMING UP, I MEAN, ARE THESE ALL GONNA BE DISCUSSED, LIKE, OR IS THIS JUST AN ACADEMIC EXERCISE OR, UM, AT THE MARCH 24TH MEETING, WE'LL PRESENT SIMILAR TO HOW WE PRESENTED TODAY.

UM, AND THEN WE WILL TAKE PUBLIC COMMENT, MR. CHAIR, DURING THE MEETING, INCLUDING, YOU KNOW, UM, YOU KNOW, DAVID'S PROPOSAL.

IF, IF AS PUBLIC COMMENT, THEY'RE CERTAINLY WELCOME TO, TO PRESENT THAT AND, AND HEAR FROM ANYONE WHO'S IN ATTENDANCE, WHAT THE GENERAL CONSENSUS IS.

WE WILL THEN PROVIDE THE PLANNING BOARD WITH A SUMMARY OF THE COMMENTS THAT WE HEAR AT THE MEETING, AT THE SECOND PLANNING BOARD HEARING.

RIGHT.

AND THEN WOULDN'T, I MEAN, IF ANY OF THEM ARE WELL TAKEN, WOULDN'T THAT THEN BE INCORPORATED INTO THE PROPOSED ORDINANCE? UM, I, I THINK AT THIS POINT WE'RE, WE'RE PRETTY COMFORTABLE WITH THE WAY THE ORDINANCE IS DRAFTED.

OKAY.

THERE MAY BE, AND I THINK, YOU KNOW, THERE'S SOME IMPORTANT POINTS THAT WERE BROUGHT UP FOR THE MICRO MOBILITY TO, TO REALLY CLARIFY THAT IN TERMS OF HOW LARGE IT HAS TO BE AND EXACTLY WHERE IN THE BUILDING IT WOULD BE ALLOWED TO BE.

UM, BUT OTHER THAN THAT, WE'RE, UM, IN TERMS OF OUR STAFF RECOMMENDATION IS, ALRIGHT, MR. CHAIRMAN, SUPPORTIVE OF HOW CORRECT AND THANK YOU FOR, UH, INDULGING US.

I THINK THIS HAS BEEN A VERY CONSTRUCTIVE DISCUSSION, BUT I, I WOULD ASK SPECIFICALLY THAT THE PLANNING BOARD DIRECT THAT AT THIS PUBLIC WORKSHOP, THERE'D BE A PRESENTATION, A FULL PRESENTATION OF OUR PROPOSED ALTERNATIVES.

I THINK THAT WILL LEAD TO A MORE ROBUST DISCUSSION.

EITHER STAFF COULD DO IT OR WE COULD, WE COULD MAKE THAT PRESENTATION.

I HAVE NO PROBLEM, BUT WE MAY AS WELL PUT EVERYTHING OUT ON THE TABLE SO THAT THE DISCUSSION'S MORE PRODUCTIVE.

YOU'RE SAYING IN THE ABSENCE OF US SAYING ANYTHING, YOU'RE SAYING YOU WOULD NOT BE ABLE TO PRESENT THAT? NO.

WHY WE WANNA OFFICIALLY HAVE THE SANCTION TO NOT JUST SPEAK FOR THREE MINUTES AND TO BE ABLE ACTUALLY AT THE PUBLIC HEARING AT THE PUB.

YEAH.

WE WANNA BE ABLE TO PRESENT THIS.

WE'VE PUT A LOT OF THOUGHT INTO THIS.

LET'S DEFER TO OUR EXPERT, NICK NEE YOU'RE FREE TO, TO MAKE THE, AT THE END OF THE DAY, THESE ARE SORT OF YOUR ASKS.

CORRECT.

RIGHT.

SO YOU'RE FREE TO PRESENT THOSE AT THE PUBLIC WORKSHOP, AND I UNDERSTAND THAT YOU HAVE A SEPARATE PRIVATE APPLICATION IN WHICH YOU'RE GOING TO PRESENT, BE PRESENTING TO THE BOARD ANYWAY, BUT OF COURSE THEY CAN PRESENT AT THE WORKSHOP.

OKAY.

AS LONG AS IT'S JUST UNDERSTOOD, WE'LL HAVE THE TIME TO MAKE A FULL PRESENTATION ON IT AT THE PUBLIC WORKSHOP.

YEAH, I DON'T IS THERE ANY LIMIT IN THE PUBLIC HEARING? I MEAN, IS THERE NO, IT'S A, I MEAN IT'S REALLY INFORMAL.

I I, ONE OTHER THING IF I MAY, MR. MR. CHURCH SAY THIS, UH, THAT WITH RESPECT TO THE, UH, SPONSOR OF THIS LINCOLN WEST LEGISLATION, COMMISSIONER SUAREZ, THE INTENTION, HIS INTENTION, UH, OF DOING THIS ON AN AREA WIDE BASIS IS ACTUALLY THE WAY THAT URBAN PLANNING SHOULD BE DONE.

IT SHOULDN'T BE DONE ON A SITE BY SITE BASIS.

IT JUST SO HAPPENS IN THIS CITY, IT TENDS TO BECOME DONE ON A NARROWER BASIS.

BUT I WOULD NOT WANT TO UNDERCUT THE FACT THAT THIS APPROACH IS THE CORRECT APPROACH AND THAT'S WHY WE SUPPORT IT.

NOW, ON THE OTHER HAND, WE DO HAVE, WE HAVE A VERY, THERE'S A VERY IMPORTANT BLOCK, WHICH WE ARE A MAJOR OWNER OF, WHICH NEEDS TO BE REDEVELOPED AND WHICH CAN PROVIDE SO MUCH OF WHAT THE CITY IS DESIRING IN TERMS OF HOUSING.

SO WE'LL PROCEED WITH AN INDIVIDUAL APPLICATION, BUT DON'T, BUT HE, BUT THIS APPROACH, THE AREA-WIDE APPROACH IS THE CORRECT APPROACH FOR A POLICY BASIS.

WHEN I WAS ON THE PLANNING BOARD IN THE 1980S, THAT'S

[01:50:01]

WHAT WE DID TOO.

ONE OTHER POINT I'D LIKE TO MAKE, IF I MAY, JUST SO IT'S CLEAR FOR THE RECORD, IN TERMS OF NEIGHBORHOOD CONTEXT THAT MR. FREE, THERE WAS A LOT OF, THERE WAS DISCUSSION WITH STAFF AND WITH THE SPONSOR ABOUT THE HEIGHT AND EVERYTHING.

AND THE 150 FEET WAS ACTUALLY A VERY CONSIDERED NUMBER.

AND IF YOU LOOK AT THE, THE, THE CONTEXT OF THAT AREA, THAT WEST AREA, WEST AVENUE AREA, YOU HAVE THE WEST BAY APARTMENTS LITERALLY ACROSS THE STREET, WHICH I THINK IS 140 FEET MENTIONED, THE GARAGE AT 1111, WHICH IS 117 OR WHATEVER IT IS.

BUT MORE THAN THAT, THINK ABOUT THE CONTEXT OF WEST AVENUE.

YOU HAVE THE FLAMINGO, WHICH IS 300 FEET, THE WAVERLY 300 FEET.

THIS BOARD JUST PASSED AN INCREASE OF HEIGHT OF THE 380 FEET FOR 1250 WEST AVENUE.

THIS IS VERY MODEST IN TERMS OF A HEIGHT ASK IN TERMS OF THE CONTEXT OF THAT AREA.

SO, SO I THINK THAT THAT NEEDS TO BE UNDERSTOOD.

I THINK, YOU KNOW, WHEN YOU'RE BRINGING IT UP, WELL TWO THINGS.

THEY, FOR THE HEIGHT, AGAIN, ONE OF THE MOST TASTEFUL PROJECTS WE'VE SEEN ON WEST AVENUE IS THAT MONAD TERRACE ONE, WHICH IS, WHICH WOULD BE THE EQUIVALENT OF THE HEIGHT YOU GUYS ARE PUTTING THERE.

CORRECT.

AND I THINK IT'S WELL BLENDED AND I THINK IT WAS SUPER WELL RECEIVED FROM, UH, FROM THE NEIGHBORHOOD.

AND WE'RE TALKING ABOUT A CORRIDOR ON ALTON ROAD THAT, UH, IS MOSTLY COMMERCIAL, UM, FOCUS.

AND TO YOUR POINT, WHAT, YOU KNOW, THE CITY HAS LACKED, UM, INTEGRATING THESE, THE, THE, THESE DIFFERENT SECTIONS OF THE CITY.

AND WE'VE BEEN MORE OF A PATCHWORK KIND OF CITY AND, AND THE WAY WE'VE, WE'VE DONE THESE DEVELOPMENTS.

AND I THINK THE BEAUTY OF THE SECTION OF ONE B, ADDING THAT ONTO TO, TO THIS WHOLE DEVELOPMENT OF LINCOLN ROAD AND UM, WASHINGTON, IS WE'RE KICK STARTING IT WITH A PROJECT THAT'S READY TO GO.

AND SO I THINK, UM, IT'S IMPORTANT THAT WE, WE RECOGNIZE THAT THIS WILL SET THE TONE FOR THE REST OF THE DEVELOPMENT THAT WE CAN BE ATTRACTING.

I'D LIKE TO SEE YOUR CHANGES INCORPORATED INTO THIS.

I THINK IT'S IMPORTANT THAT, THAT WE GET THIS RIGHT AND IT IS LINCOLN ROAD AND I THINK THAT, UM, THESE CHANGES ARE SIGNIFICANT.

I THINK PUTTING THAT MUCH MICRO MOBILITY ON THE FIRST FLOOR IS ABSOLUTELY WRONG.

I DON'T, I THINK THAT THAT PUTTING OFFICE AND F AND B AND WHATEVER IT IS ON THE FIRST TWO OR THREE LEVELS IS THE RIGHT WAY TO GO.

I THINK REQUIRING ONE PARKING SPACE PER UNIT OR WHATEVER IS GREAT.

I DON'T THINK WE SHOULD.

I THINK IF ANYTHING WE SHOULD, UH, SET A FLOOR FOR HOW MUCH, UH, SQUARE FOOTAGE YOU HAVE, BUT NOT A MAX.

UM, ESPECIALLY IF YOU'RE WANTING TO REALLY, TRULY MAKE LINCOLN ROAD SPECIAL.

UM, SO, SO IS, IS THE, UH, TODAY WITH THE DISCUSSION ITEM, ARE WE SUPPOSED TO MAKE ANY RECOMMENDATIONS? WE DO THAT.

ARE WE TO SUPPORT, UH, ANY OF THESE RECOMMENDATIONS? LET'S MAKE A MOTION TO DEFER.

THIS IS YOUR FIRST OF OF TWO HEARINGS ON THE ORDINANCE.

YOU OF COURSE HAVE AUTHORITY TO MAKE RECOMMENDATIONS ON THIS ORDINANCE, BUT YOU'RE NOT TRANSMITTING ANYTHING TODAY.

RIGHT.

SO I THINK, YOU KNOW, STAFF IS TAKING NOTES ON THE, ON THE BOARD'S DISCUSSION.

WE HAVE OBVIOUSLY THE COMMUNITY WORKSHOP.

SO, AND THEN WE'LL HAVE A SECOND HEARING BEFORE THE PLANNING BOARD SO IT MAKES MORE SENSE ON THE SECONDARY HEARING.

THAT'S WHEN YOU MAKE THE RECOMMENDATIONS.

ALRIGHT.

ALRIGHT.

OKAY.

BUT THE, BUT THE COMMISSION WILL BE ABLE TO HAVE THESE, THIS INFORMATION.

ABSOLUTELY.

YEAH.

OKAY.

WONDERFUL.

ALRIGHT.

THANK YOU.

THANK YOU SO MUCH FOR EVERYONE'S TIME.

YEAH.

I REALLY APPRECIATE IT.

THANK YOU.

NO ACTION TAKEN.

WE'LL SEE YOU IN, I GUESS, NEXT MONTH.

THANK YOU.

THANK YOU VERY MUCH.

THANK YOU.

THANK YOU.

ALL RIGHT GUYS.

ALL RIGHT.

LAST BUT NOT LEAST, NEW

[4. PB25-0789, 323 23RD STREET]

APPLICATION PLANNING BOARD FILED 25 0 7 8 9 3 23 20 THIRD STREET.

DEBORAH? YES.

MR. CHAIR, JUST GIMME ONE SECOND.

SURE.

UM, OKAY.

HELLO.

EXCUSE ME.

DO YOU WANNA BE PRESENTED? YEAH.

OKAY.

SO THE PRESENTATION OUT RAIN? YES.

OKAY.

UM, THE, AN APPLICATION HAS BEEN FILED REQUESTING A CONDITIONAL USE PERMIT FOR OUR NEIGHBORHOOD IMPACT ESTABLISHMENT, INCLUDING INDOOR ENTERTAINMENT, UM, WITH AN OCCUPANT CONTENT EXCEEDING 199 PERSONS.

UM, THIS IS PART OF A LARGER RENOVATION OF THE PROPERTY, UM, A INTERIOR AND EXTERIOR RENOVATION.

UH, THE MODIFICATIONS TO THE EXTERIOR WE'RE ACTUALLY REVIEWED AND APPROVED BY THE HISTORIC PRESERVATION BOARD, UM, IN OCTOBER OF LAST YEAR.

UM, CURRENTLY THE, THE BUSINESS, UM, DOES FUNCTION AS A, AS A NIGHTCLUB.

I DON'T BELIEVE IT'S OPEN NOW, BUT PREVIOUSLY, UM, IT IS STILL A VESTED, UM, BUSINESS IN TERMS OF A NON-CONFORMING, UM, NIGHTCLUB.

THEY, UM, HAVE A-A-B-T-R.

THEY'RE LOOKING AT INCREASING THE OCCUPANCY SLIGHTLY, WHICH IS NOW TRIGGERING.

UM, THE REQUIREMENT TO OBTAIN A CUP.

UM, THEIR TOTAL OCCUPANCY PROPOSED IS 586 PERSONS, UM, THAT WOULD BE 399 INDOOR AND 187 OUTDOOR.

[01:55:02]

UM, THEY ARE REQUESTING, UH, HOURS OF OPERATION THURSDAY THROUGH SUNDAY FROM 10:00 PM TO 5:00 AM.

UM, WHILE STAFF IS GENERALLY SUPPORTIVE OF THAT, UM, WE DID SOME RESEARCH, UM, WITH, UH, OTHER NEIGHBORHOOD IMPACT ESTABLISHMENTS IN THE AREA AND A 2:00 AM CLOSING TIME FOR OUTDOOR, OUTDOOR PORTIONS OF THE VENUE WAS MORE CONSISTENT WITH, WITH THE APPROVAL, PREVIOUS APPROVALS OF OTHER, UM, SIMILAR VENUES.

UM, SO WE WOULD RECOMMEND THAT THE OUTDOOR PORTION HAVE HOURS OF OPERATION LIMITED TO 2:00 AM.

UM, AGAIN, UM, NO OUTDOOR ENTERTAINMENT IS PROPOSED AND THE INDOOR ENTERTAINMENT STAFF, UM, DOES NOT HAVE ANY MAJOR OBJECTIONS.

WE, UM, YOU KNOW, TOOK A LOOK.

THERE ARE NO RESIDENTIAL PROPERTIES IMMEDIATELY SURROUNDING, IT'S A VERY COMMERCIAL AREA.

UM, WE DID NOTE, HOWEVER, THAT THE EXISTING VENUE DOES NOT HAVE THE DOUBLE VESTIBULES, WHICH ARE VERY COMMONLY REQUIRED.

UM, SO WE ARE AGAIN RECOMMENDING THAT THESE VESTIBULES BE ADDED ON THE INTERIOR SO THAT WHEN THE DOORS ARE OPEN, YOU DON'T HAVE, UM, LOUD NOISE SPELLING OUT ONTO THE STREET.

UM, THERE IS NO PROPOSED VALET.

UM, THIS HAS BEEN REVIEWED BY THE TRANSPORTATION DEPARTMENT.

TRANSPORTATION BECAUSE OF THE HOURS OF OPERATION OF THE VENUE DOES NOT ANTICIPATE ANY, UM, INCREASE.

UM, AND DOES NOT HAVE, DIDN'T, DID NOT HAVE ANY COMMENTS.

UM, WITH REGARD TO THE OPERATIONAL PLAN.

STAFF IS SUPPORTIVE OF THE APPLICATION, UM, WITH THE RECOMMENDATIONS I STATED AND IS RECOMMENDING APPROVAL FOR WHAT SPACE IS THIS NOW? I KNOW THAT STREET.

WELL, WHICH BAR WAS THERE? THIS WAS GROOVE JET MAN.

IT WAS GROOVE JET.

OKAY.

YEAH, THIS, YOU MADE MENTION, YOU MADE MENTION OF MINT.

THIS MIGHT BE OG BEFORE THAT.

YEAH, WE'RE GOING FULL CIRCLE FROM, SO IT'S A GROOVE SPOT.

OKAY.

GETTING, GETTING KICKED OUT OF A CLUB TO NOW REPRESENTING OR DISCUSSING EXPANSIONS ON THE CLUB.

SO.

OKAY.

SO, UM, MICHAEL GRECO, UM, MIAMI BEACH CONSULTING, UH, ON BEHALF OF THE OWNERS OF 3 2 3 20 THIRD STREET, STRICTLY AS A CONSULTANT AND A LOBBYIST.

UM, ALSO PRESIDENT IS THE ARCHITECT TEAM LED BY WILLIAM ARTHUR, WHO'S GONNA BE INVOLVED IN THE PRESENTATION.

UM, YOU, YOU'VE PRETTY MUCH HEARD FROM STAFF WHAT THE ASKS ARE.

UM, THEY'RE NOT SIGNIFICANT.

UM, WE'RE GONNA GO THROUGH THEIR PRESENTATION.

IT'S A PRETTY BRIEF PRESENTATION.

WE ALREADY WENT THROUGH HPB ON THIS AND WE'RE LOOKING FOR APPROVAL TODAY SO WE CAN MOVE FORWARD.

IT'S MY UNDERSTANDING THAT PREVIOUSLY A BUILDING PERMIT WAS ISSUED, BUT IT WAS ISSUED ERRONEOUSLY.

UM, AND WE'RE NOW KIND OF PUTTING THE, THE GENIE BACK IN THE BOTTLE TO AN EXTENT AND THEN COMING BACK BEFORE YOU TO GET THE PROPER APPROVALS.

AND THAT'S WHERE WE ARE TODAY.

SO IF WE CAN PUT THE PRESENTATION UP SCREEN.

THERE WE GO.

SO THESE ARE SOME OF THE POTENTIAL RENDERINGS ON THE INTERIOR, AND IF YOU NEED TO INTERRUPT US AT ANY TIME TO ASK QUESTIONS.

SO HERE'S THE FINAL SUBMITTAL.

I'M GONNA DEFER TO MR. ARTHUR ON THE, SO NOTHING'S OPERATING THERE CURRENTLY? NO.

OKAY.

NO, IT'S, IT'S, IT'S A CONSTRUCTION ZONE RIGHT NOW BECAUSE THEY HAD STARTED WORK, UM, AND THEN PRESSED PAUSE TO, TO COME BACK AND, AND GET THE APPROVALS THROUGH YOU FOLKS.

AND, AND WHAT'S NEXT TO IT? REMIND ME THERE'S A NIGHTCLUB NEXT.

SO IF I GO THROUGH, IF YOU LOOK HERE, THIS IS DIRECTLY A, THIS IS DIRECTLY NORTH OF THE, UH, PARKING GARAGE FOR, UH, THE BALLET ON 23RD STREET.

SO THIS IS ON THE NORTH SIDE OF 23RD STREET.

YOU'LL SEE THE SITE ON THE TOP.

PICTURE ON THIS SLIDE IS WHERE THE PROPERTY IS.

IT'S KIND OF THIS NONDESCRIPT BUILDING NEXT TO, UH, IT'S A NON-CONTRIBUTING BUILDING NEXT TO, I BELIEVE DEBBIE, THAT THAT'S, OR DEBBIE'S NOT THERE.

INVISIBLE.

DEBBIE, I'M PRETTY SURE THAT'S A CONTRIBUTING BUILDING JUST TO THE EAST.

WHERE, WHERE WAS, WHERE WAS LIKE MOCA NEXT? NEAR MOCA IS FURTHER EAST OF THAT.

IT'S ANOTHER, IT'S ANOTHER BLOCK.

OKAY.

SO THIS IS, THIS IS THE BLOCK THAT'S, IT'S PRETTY MUCH THE WESTERN MORE MOST BLOCK.

THEN YOU HAVE THE GAS STATION AND THEN IT PRETTY MUCH GOES RIGHT TO THE RIGHT TO THE FIRE STATION AFTER YOU MAKE THAT KIND OF WEIRD RIGHT TURN THAT GOES ONTO PINE TREE.

AND SO I'M GONNA DEFER TO MR. ARTHUR TO KIND OF GO THROUGH AND HE'LL LET ME KNOW WHEN TO GO THROUGH THE SLIDES TO GO THROUGH ON SOME OF THE, UH, ARCHITECTURAL CHANGES, UM, FROM THE FACADE AND THE INTERIOR AS WELL.

VERY GOOD.

WILLIAM ARTHUR, WHA, UH, AS MICHAEL SAID, WE HAD WORKED PRETTY CLOSELY WITH STAFF ON THIS.

HE HAD TOUCHED ON ONE ITEM THAT THIS WAS INADVERTENTLY

[02:00:01]

APPROVED.

IT WAS, IT WAS BY THE BUILDING DEPARTMENT.

IT WAS A NO FAULT OF OUR GREAT PLANNING STAFF.

IT WAS PLANNING STAFF WHO HELPED US, UH, RECOVER FROM THAT.

UM, THERE'S AN ITEM ON THE CONDITIONS BEING PROPOSED, THE VESTIBULES, WHICH I WANNA REVISIT TO THAT POINT.

UM, FOR THE MOST PART, AND I'LL GIVE YOU SORT OF LIKE THE ARCHITECTURAL BACKGROUND OF THIS RENOVATION IS THE SPACE WHEN WE STARTED HAD A LOT OF DEFICIENCIES IN A DA COMPLIANCE.

WE REWORKED THE BATHROOMS. THERE WAS NO A DA APPROACH TO THE BARS.

WE RENOVATED THE BARS AND WE MADE THEM MUCH NICER.

BUT WE ALSO COMPLY WITH A DA COMPLIANCE.

THERE WAS SOME ARCHITECTURAL BARRIERS AT THE REAR BECAUSE THERE IS AN EXTERIOR COMPONENT TO THIS.

AND WE REMOVE THOSE BARRIERS AS PART OF THIS RENOVATION.

UM, ANOTHER BIG ASPECT OF THIS PROJECT WAS RESPONSE TO THE RESILIENCY CODE.

UM, IT IS ON A CANAL AND THIS PROPERTY OFTEN FLOODED.

SO IN RESPONSE TO THAT AND IN CONFORMANCE WITH THE CITY'S RESILIENCY INITIATIVES, UH, WE INSTALLED AN EXTENSIVE, UH, DRAINAGE SYSTEM UNDER THAT EXTERIOR DECK.

UM, AS FAR AS AESTHETICS, SORT OF JUST THE ARCHITECTURAL BACKGROUND OF THIS IS THAT THE CLIENTELE OF THE CLUB IS GETTING OLDER AND MORE SOPHISTICATED.

THE MUSIC THEY LISTEN TO IS PROBABLY CONSIDERED A LITTLE BIT MORE TASTEFUL, A LITTLE QUIETER.

IT'S NOT GONNA BE A VERY BIG, UH, OUTDOOR SPACE WHERE EVERYONE'S JUST DANCING AT A HIGH CONCENTRATION.

WE'VE INTRODUCED LOUNGE SPACES, GO TO THE, UH, THE FORKLIFT.

SO WE REMOVED A LOT OF THE EXTERIOR, UM, SEATING AND SORT OF LIKE DANCING SPACES THAT WE PUT MORE SOPHISTICATED LOUNGE.

UM, ANOTHER COMPONENT OF THE RESILIENCY CODE IS TO IMPLEMENT, UM, SHADING DEVICES, WHICH YOU SEE IN SORT OF THAT HATCHY AREA IN THE BACK.

ALL OF THE OCCUPANCY COUNTS, UH, AND SEATING COUNTS THAT DEBBIE HAD MENTIONED IS, IS CORRECT.

UH, WE COINCIDE WITH THAT.

UM, AND THEN ONE OF THE THINGS I WANTED TO TOUCH ON IS THE VESTIBULES.

AND, AND GOING BACK TO WHAT I SAID AT THE BEGINNING, THIS WAS APPROVED BY THE BUILDING APARTMENT ABOUT A YEAR AGO.

AND THE, UH, CITY OR THE BUILDING SIDE INADVERTENTLY APPROVED THIS.

THEREFORE THE OWNER PROCEEDED WITH THE INTERIOR RENOVATIONS.

INTERIOR IS DONE.

UM, GOING BACK TO IF, IF IT ENTERTAINS THE BOARD GOING BACK TO THAT INTERIOR AND TRY TO INSTALL VESTIBULES NOW HE WOULD BE UNDOING THE WORK THAT HE WAS PREVIOUSLY APPROVED FOR.

DO YOU WANNA SPEAK TO THE HOURS OF OPERATION? NO, LET'S MOVE ON FROM SOME OF THE STUFF.

OKAY.

FOR THE OUTDOOR.

YEAH.

UM, SOME OF THE EXTERIOR FEATURES THAT WE WERE REMOVING, WE ARE, UH, ADJACENT TO A HISTORIC BUILDING.

WE DID GO BEFORE HPB, THEY WANTED THE NEW ARCHITECTURE TO BE DISTINGUISHED.

NEXT SLIDE.

THIS IS SOME OF THE SEATING ARRANGEMENTS THAT WE HAVE IN THE OCCUPANCY COUNTS THAT STAFF HAD MENTIONED.

NEXT SLIDE.

NEXT YOU WANNA GO TO THE EXTERIOR ELEVATION.

SO JUMPING TO THE EXTERIOR, THAT'S WHAT'S BEFORE YOU NOW.

AND AGAIN, IT WAS APPROVED BY HPP, YOU COULD PROBABLY GO TO THE END.

WHAT ABOUT THE, UH, SOME OF THE DETAILS? THERE'S A, UH, SECTION OF A PIZZA OVEN, SO, UM, REMOVING SOME OF THE STANDING TABLE TOPS.

AND ONE OF THE THINGS WE'RE BRINGING IN IS A EXTERIOR, ONE OF THOSE NICE LIKE WOOD BRICK PIZZA OVENS THAT IS ACTUALLY FROM ITALY CAN BE SERVING PIZZA.

YES, SIR.

THAT'S GREAT.

I DON'T THINK THERE'S ANYTHING ELSE.

UM, SOME OF THE THAT'S A GREAT IDEA.

UH, INVASIVE TREES THAT WE FOUND ON THIS SITE.

SEASIDE MAHOMES, WE'RE REMOVING THOSE AND WE'RE REPLACING THOSE WITH, UM, SOME SIMPSON STOPPERS AND OTHER INDIGENOUS VEGETATION.

OKAY.

I'LL, I'LL DEFER TO ANY QUESTIONS OR OR TO MICHAEL.

YEAH.

GUYS, ANY QUESTIONS? ANYBODY IN, YOU'RE NOT HERE TO SPEAK ON THIS, ARE YOU ANYBODY ON ZOOM? ANY DISCLOSURES? YEAH, I WAS SAYING ANY DISCLOSURES TO MAKE? NO.

OKAY.

I LOVE PIZZA.

YES.

SO THE, THE ONE KIND OF DELTA WE HAVE WITH THE STAFF RECOMMENDATION IS THE 2:00 AM CUTOFF IN THE OUTDOOR AREA.

UM, THERE IS NO ENTERTAINMENT IN THE OUTDOOR AREA.

SO, YOU KNOW, WE WOULDN'T, WE'D BE ASKING FOR THE OUTDOOR AREA HOURS TO BE CONSISTENT WITH THE HOURS ON THE, ON THE INSIDE, UH, AS WAS DISCUSSED BY STAFF.

AND, AND WE AGREE THERE ARE, THERE IS NO ADJACENT RESIDENTIAL THAT IS IMPACTED BY THIS.

UM, SO THIS IS A DIFFERENT SITUATION THAN IT WOULD BE IF YOU HAD ADJACENT RESIDENTIAL, UM, OR IF THERE WAS, WAS THE PREVIOUS OPERATOR, UM, ALSO USING THE OUTDOOR SPACE UNTIL 5:00 AM YES MA'AM.

YEAH.

YES.

SO DEBORAH, WHAT'S IN LIGHT OF THE LACK OF RESIDENTIAL HERE? WHAT'S, IS IT JUST UNIFORMITY OR WHAT'S NECESSARY? YEAH, IT WAS BASICALLY JUST LOOKING AT CONSISTENCY

[02:05:01]

IN THE NEIGHBORHOOD, UM, FOR THE OUTDOOR HOURS.

BUT, UM, WE DIDN'T FIND ANY, YOU KNOW, THE WAY THE, THE PREVIOUS OPERATION WAS RUN.

WE DIDN'T FIND THAT THERE WERE ANY COMPLAINTS OR, OR ISSUES AND THEY WERE AT FIVE O'CLOCK OUTSIDE.

YEAH, I CAN, I CAN TESTIFY AS A, AS A FORMER CONSUMER OF THE PRODUCT PREVIOUSLY, EARLY, EARLY TWO THOUSANDS.

ALRIGHT.

ANY, ANY QUESTIONS? I MEAN, I WOULD JUST SAY IN TERMS OF THE 2:00 AM IF THAT'S WHAT STAS STAS RECOMMENDATION IS TO KEEP IT CONSISTENT, I WOULD SAY IF YOU GUYS OPEN UP AND THE WAY THAT THE VESTIBULES WORK OUT WITH THE DOUBLE WHATEVER AND THE MUSIC ATTENUATION, UM, IF IT TURNS OUT TO BE THERE'S NO BOTHER TO ANYBODY NEARBY, YOU DON'T HEAR THE MUSIC, THEN I DON'T THINK ANYBODY WOULD HAVE A PROBLEM WITH KEEPING THAT AREA OPEN TILL 5:00 AM.

BUT IN THE PROBLEM IS FOR RESIDENTS, I KNOW THERE'S NOT NEAR IMMEDIATE NEARBY RESIDENTS, BUT THE PROCESS OF UNDOING THAT THAT 5:00 AM IS REALLY DIFFICULT FOR IF THERE'S EVER AN ISSUE.

AND SO I, I WOULD SAY I, I WOULD MAYBE EVEN PUT A NOTE IN IT LIKE, YOU KNOW, APPLICANT CAN COME BACK TO US AFTER OPENING, YOU KNOW, HOWEVER, YOU KNOW, AND, AND ASK TO MODIFY THAT BECAUSE YOU GUYS HAVE WHY, WHY DO YOU SAY IT'S HARD TO UNDO? I MEAN, WHAT IF WE CAN MODIFY? I'M SAYING WHAT, WHAT IF WE CAN, BUT IT NEEDS A, A VERIFIED NOISE COMPLAINT.

LIKE IT NEEDS, IT NEEDS TO GO THROUGH THE WHOLE PROCESS OF MODIFYING A CUP AS OPPOSED TO IT'S VERY EASY FOR THEM TO COME BACK TO US AND YOU KNOW, THEY NEED A VIOLA, YOU KNOW, IF THERE IS AN ISSUE.

RIGHT.

BUT IF THERE'S NO VIOLATION, THEN WHAT'S THE PRO? WELL THAT MY, THE PROBLEM IS, IS THAT IF THERE IS A VIOLATION RIGHT, THEN THAT GETS APPEALED, THEN, THEN IT'S, IT TAKES THEM NOTICE OF 30 DAYS TO COME BACK HERE.

RIGHT.

BUT IF THEY DON'T HAVE THE FIVE O'CLOCK, YOU'RE NOT GONNA HAVE A SAMPLE SIZE TO KNOW IF THERE'S A PROBLEM.

YOU'RE GONNA HAVE IT UNTIL 2:00 AM RIGHT.

RIGHT.

MM-HMM .

IF EVERY, IF THERE'S EVERYTHING SEEMS GREAT AND, AND THERE'S NO ISSUES WITH THE, BECAUSE THE PROBLEM IS IT'S A NEW BUILDING.

I KNOW, YOU KNOW, THEIR ARCHITECTURE FIRM KNOWS A LOT.

THEY, THEY'RE DOING A VERY GOOD JOB WITH NOISE ATTENUATION.

THE, THE ISSUE IS WE DON'T KNOW NECESSARILY HOW THAT'S GOING TO GO, BUT WE, WE DID.

SO THAT'S THE THING WE DO THIS IS THIS, THIS BUILDING HAS BEEN AN ACTIVE NIGHTCLUB FOR A QUARTER OF A CENTURY, IF NOT LONGER.

RIGHT.

GO, GO.

THIS IS GOING BACK TO THE NINETIES.

THAT AREA WAS ACTUALLY MORE ACTIVE AND LOUDER THE WAY IT WAS DESIGNED PREVIOUSLY.

AND THEY HAD 5:00 AM AND THERE'S NO HISTORY OF CONCERNS.

AND THAT WAS EVEN ARTICULATED BY STAFF.

AND NOW TO ASK US TO CLOSE THE, THE OUTDOOR AREA AT 2:00 AM WHERE THE REST OF THE PROPERTY IS OPENED UNTIL FIVE.

AND THEN SAYING THAT, OH, WELL IF WE'RE GOOD UNTIL TWO, THEN WE CAN COME BACK IN FRONT OF YOU AND ASK FOR FIVE AS OPPOSED TO JUST DOING IT NOW AS OPPOSED TO THE OTHER WAY AROUND.

THAT'S WHY WE HAVE THE CODE ENFORCEMENT SYSTEM THE WAY THAT WE DO.

IF WE, IF IF WE GET DINGED, WE'RE GONNA BE IN FRONT OF YOU AND, AND HAVING THIS CONVERSATION.

AGAIN, WHAT WE'RE ASKING IS TO ESSENTIALLY HAVE THE SAME RIGHTS THAT PREVIOUS OPERATIONS HAD AND IF THERE'S AN ISSUE THEN WE'LL BE BACK IN FRONT OF YOU WITH OUR TAIL BETWEEN OUR LEGS AND OUR HATS AND OUR HANDS.

BUT I, I DON'T FORESEE THAT BEING THE CASE.

'CAUSE EVEN THOUGH, UM, I, MY TAKEAWAY FROM THIS APPLICATION, IT'S ACTUALLY A REDUCTION IN INTENSITY BECAUSE OF THE WAY IT'S BEING DESIGNED INSIDE, THE WAY IT'S BEING PRESENTED, THE CROWD THAT IT'S GOING TO BE, UM, ATTRACTING.

SO I THINK THAT WE'RE GONNA BE OKAY.

I MEAN I DO UNDERSTAND JONATHAN'S CONCERNS AFTER WE DEALT WITH THE WASHING THE WASHINGTON, UH, THE GOOD TIME HOTEL.

BUT I THINK THAT WAS KIND OF UNIQUE IN HOW WE DEALT WITH, YOU KNOW, HAD TO DEAL WITH THAT SPECIFIC PROJECT.

WELL IT'S IN A VERY DIFFERENT AREA, IN A DIFFERENT NEIGHBORHOOD AND I THINK THAT THE HISTORY HERE SHOWS THAT THERE HASN'T BEEN ISSUES.

WE HAVE A DIFFERENT KIND OF NEIGHBORHOOD.

I THINK THAT IT'S, UH, YOU KNOW, THERE'S A SMALL LITTLE WINDOW OF CHANCE THAT THINGS GOING ON THINK WE GOTTA GIVE THEM A CHANCE.

YEAH.

AND THERE'S NO, THERE'S NO UM, ENTERTAINMENT OR OR SPEAKER OUTSIDE SPEAKERS OUTSIDE.

OUTSIDE JUST NO SIR.

THERE'S NO, THERE'S NO ENTERTAINMENT OUTSIDE.

OKAY.

THERE SPEAKER, THERE'S PIZZA, EVEN SPEAKER, THERE'S PIZZA, THEY'RE AMBIENT SPEAKERS, BUT THERE'S NO, IT'S, IT'S AMBIENT.

IT'S NOT, THEY'RE NOT RAGING.

I'D BE WILLING TO GO ALONG WITH, WITH 5:00 AM I'M JUST BECAUSE YOU'VE BEEN OPERATING OR IT'S AGREED.

IT'S BEEN OPERATING AS A CLUB FOR A LONG TIME AND 'CAUSE OF THE NEIGHBORHOOD.

BUT I DO THINK WE SHOULD KEEP AN EYE ON IT AND MAYBE, UM, ASK FOR, UM, A PROGRESS REPORT AFTER THREE, THREE MONTHS.

FOUR MONTHS OF THREE MONTHS, I THINK.

THREE MONTHS.

YEAH.

THAT'S FAIR.

YEAH.

AND BUT ON THE ROOF, DOES THE, DOES IT HAVE A, A, UM, CUP HAVE A DATE THEY HAVE TO COME BACK? YES.

UM, THERE IS A MANDATORY PROGRESS REPORT.

I THINK IT'S SIX MONTHS.

PERFECT.

OKAY, PERFECT.

OKAY.

OKAY.

OKAY.

YOU WANT ME TO MOVE IT? IS THIS, CAN I ASK, IS THERE ANYONE ON ZOOM? OH, IT'S, EXCUSE ME, I WAS CORRECTED.

IT'S 90 DAYS, THREE MONTHS.

THREE MONTHS FINE FOR THE

[02:10:01]

MANDATORY PROGRESS REPORT.

FINE.

AND THEN ANNUAL PROGRESS REPORT.

I DO NOT SEE ANYONE ON ZOOM.

OKAY.

ALRIGHT.

QUESTION.

UH, ARE THEY HERE BECAUSE, UM, THE, OF THE WORK THEY'RE DOING OR DID THEIR BTR EXPIRE AND THEN IT IT WAS DETERMINED, UM, THAT IT IS AN INCREASE IN THE NON-CONFORMITY.

SO THEY ARE LEGALLY OPERATING PREVIOUSLY PRIOR TO THE NIE, YOU KNOW, REGULATIONS.

UM, BUT THEY'RE ASKING NOW TO TECHNICALLY WE CONSIDER THIS AN INCREASE.

UM, AND THAT'S WHY THEY'RE BEFORE YOU.

OKAY.

THEY'RE ASKING FOR 5:00 AM BUT THEY'RE ALSO ASKING NO VEGETABLE IS THAT.

SO WE NEED TO AGREE TO THAT TOO.

RIGHT.

WELL, YEAH.

SO WE'VE ALREADY, THE, THE ISSUE IS THAT BECAUSE THEY WERE GRANTED A BUILDING PERMIT, THE WORK WHERE A LOT OF WHAT WE'RE ASKING FOR THE WORK HAS ALREADY BEEN DONE, INCLUDING THE BUILD OUT WITHOUT THE VESTIBULE.

SO IF WE WERE REQUIRED NOW TO, TO PUT IN A VESTIBULE NO, I'M JUST SAYING WE'RE PASSING A CUP.

DOES A CUP ASK FOR A VESTIBULE? NO.

NO.

YES, WE STAFF IS RECOMMENDING THAT THE VESTIBULE BE INTRODUCED.

YOU'RE RECOMMENDING IT, BUT THAT'S NOT PART OF THE CP.

SO THE QUESTION IS, SO WE NEED TO SAY, WE EITHER AGREE OR DISAGREE.

RIGHT, RIGHT.

AND, AND AGAIN, YOU KNOW, MY VIEW IS IS IN LIGHT OF THE NEIGHBORHOOD.

YEAH.

AND THE FACT THAT THEY'VE OPERATED, LIKE MICHAEL SAID, A QUARTER OF A CENTURY WITHOUT A PROBLEM.

UM, I'M OKAY WITH THAT.

SO WE SHOULD BE ON RECORD FOR 5:00 AM AND CORRECT IBLE, CORRECT.

WE AGREE THAT'S THE MOTION.

CORRECT.

OKAY.

THANK YOU FOR CLARIFYING.

AND I'LL MOVE THAT.

AREN'T THERE RESIDENTIAL BUILDINGS RIGHT THERE? LIKE THE ART, ART PLACE OR ART? UM, I MEAN NOT WITHIN, NOT ADJACENT.

UM, YOU KNOW, YOU, YOU'RE A COUPLE BLOCKS AWAY, UM, FOR RESIDENTIAL BUILDINGS.

SO, ALRIGHT.

WE HAVE A MOTION ON THE TABLE.

DO WE HAVE A SECOND? I'LL SECOND.

OKAY.

YOU WANNA DO A ROLL CALL? SURE.

NEW APPLICATIONS.

I LIKE TO DO ROLL CALL.

OKAY.

UM, MS. LATTON? YES.

MR. NEEDLEMAN? YES.

MR. CEMENT? YES.

MS. BEATY? YES.

MR. MARKS? YES.

MR. ELIAS? YES.

MR. FRIEDEN? I NO.

FORGOT.

I APOLOGIZE.

OKAY, SO WE GOT EVERYBODY.

YOU VOTE NO? YEAH.

OKAY.

SO THERE'S ONE NOTEBOOK.

GOT IT.

JUST FOR THE RECORD.

ZERO SHORT.

WHERE'S YOUR CAR PARKED? .

HE'S USING MICRO BILLS.

THANK YOU GUYS.

WHEN DO YOU ANTICIPATE OPENING? JUST FOR THE, JUST GOD.

ALRIGHT.

THAT'S IT.

YEAH, I'D SAY ADJOURNED BEGIN THIS SUMMER AND, AND, AND, WHICH IS A GREAT TIME TO OPEN IN MIAMI BEACH, .

SO ANYWAY, CONGRATULATIONS.

THANK YOU GUYS.

THANK YOU.