[Music] [Music] e [Music] [Music] [Music] [Music] he [Music] yeah [Music] please take your seats the meeting is about to begin please stand by we are going on air in 5 4 3 two one okay good morning everybody and welcome to the March 26 2024 planning board meeting we uh are only missing Melissa batty but otherwise we have a full board um I'm going to start uh asking someone to make a motion to approve the a after action report from the last meeting in February motion to approve can I get a second second okay all in favor I anyone opposed okay great all right I'll turn it over to the first of all I want to welcome a special guest Michael Bouch in the front who will be joining us next [Applause] month turn it over to you Nick thank you Mr chairman good morning to the members of the board today's meeting of the planning board will be conducted in a hybrid format with the board physically present in the temporary commission Chambers and staff applicants and members of the public appearing either in person or virtually via zoom in order to participate virtually in today's meeting the public may dial 1 1877 85352 257 and enter the webinar ID which is 861 4342 6327 pound or log into the Zoom app and enter the webinar ID which again is 861 4342 6327 anyone wishing to speak on an item must click the raise hand icon uh or dial star9 if they're participating by phone and next I'd like to read the city's notice regarding lobbyist registration if you're appearing on behalf of a business a corporation or another person you need to register as a lobbyist with the city clerk's office if you haven't registered yet you should register before you speak to the board you don't have to register as a lobbyist if you're speaking only on behalf of yourself and not any other party or if you're testifying as an expert witness providing only scientific technical or other specialized information or testimony in this public meeting or if you're appearing as a representative of a neighborhood association without any compensation or reimbursement for your appearance to express support of or opposition to any item expert Witnesses and representatives of neighborhood associations shall prior to appearing disclose in writing to the city clerk their name address and the principal on whose behalf they're communicating if you're an architect attorney or employee representing an applicant or an objector you must register as a lobbyist these rules apply whether you're appearing in favor of or against an item or encouraging or arguing against its passage defeat modification or continuance and lastly I'd like to swear in any members of the public or staff who will be testifying today please raise your right hands do you swear or affirm that the testimoni you give in this proceeding is the truth the whole truth and nothing but the truth thank you thank you Nick um as always I'm going to move the discussion items to the end so that you all don't have to sit through that although you're welcome to stay at the end so the first uh item we'll address is the item number five on our report which is the progress report for uh the Goodtime Hotel planning board file 0675 okay good morning everyone so this is uh a progress report for the good time Hotel um the planning board had voted to schedule a revocation modification hearing uh for today unfortunately the the notice um inadvertently was insufficient uh the site posting didn't get out in time so we wanted to make sure that any decision that's made by the board um can't be challenged based on the notice so it has been correctly noticed for the April meeting so as a result today this is just a progress report to discuss um the item um we would like for the planning board to discuss um what's happened on the site and potential options for what can be done next month in terms of uh should any conditions be changed and we'll come with with a formal recommendation next month as to what conditions should change um for the board to consider um we have been made aware that the the three violations that were issued on the site were dismissed by the special Master however on Sunday there was an additional warning issued and a cup violation issued uh due to due to sound uh we have code enforcement here should you have any questions on those violations um so with that uh staff recommends that the planning board discuss the item and continue the progress report to April um and at that time we will also have the revocation modification hearing before you okay you're up good morning Matthew amster with off Burke Al Rell Fernandez Larin and tapinis offices at 200 South bis Gan Boulevard in Miami here today representing Washington squared owner l which is the owner of the property and the operator of the Goodtime Hotel uh with me my partner at the firm Michael Lin I know you're used to seeing Mickey morero unfortunately he's away actually enjoying spring break with his family uh as reelio mentioned we are here just for a progress report uh since February we have definitely listened as we continue to do so uh to this board and the neighbors and kept the music at levels that comply with the applicable standard uh this is notable as marches the a week of the month of spring break and has many music festivals uh that see many venues playing very loud music uh our standard was modified over a year ago uh and yet even this past week management uh informs me that they have witnessed uh inconsistent application of the correct standard uh what we had happened on Sunday was uh quite unusual uh there was a written warning notice not a violation uh for sound delivered in person after the venue menu had already closed uh and no companion cup violation was delivered in person um we only found out about that by looking online to uh verify the written warning and uh that is when yesterday we saw that online there is a cup violation which again we have not yet received in our hands uh I asked the manager to look around the grounds to see if it had been posted anywhere all that was found was the actual notice now for the planning board meeting meeting next month in April uh stapled to a tree by the street from the beginning uh we've been working with uh the city to revitalize Washington Avenue uh to get rid of the nightclubs and to activate the uses during the day that's exactly what the good time of hotel has done and is thriving is striving to continue uh always being in a collaborative effort to meet that goal and I think that the good time has done a great job of actually revitalizing Washington Avenue we've come a long way and been an active participant the entire time we've been addressing issues um regularly as they come up we've done numerous sound studies we have installed an entirely new sound system we had a sound wall that had to be approved by the historic preservation board which we got approved and then built uh notably with uh our operations subdued at that time until until it was installed we are constantly monitoring our impact on the neighbor neighborhood and we have reached out and met with neighbors and stakeholders on numerous occasions and we continue as always to welcome further discussion with the neighbors this is all in our continued commitment to find a working solution the good time will continue in good faith to operate under the cup and collaborate with the city and the neighbors and we welcome any questions that you may have thank you um let's start is public comment on this it's it's up to the board if if you want to accept public comments All right so this is this is before you on a progress report this is not your modification revocation hearing but you you can take public comment if you'd like are there people on Zoom we have a hand raised yes all right people in here all right all I'm going to ask is that um like they said this is a progress report and it's not a revocation hearing um so and I don't want 20 people coming up saying the same thing and I get it but all of you should come back next month but I'm going to go ahead and permit it today I just want you to be conscious of of of of repetitive statements and knowing that you're going to be coming back next month with the same argument so go ahead sir come on up all right thank you very much my name is Charles fiser I live at 635 uclid Avenue and I uh thank you for allowing me to speak like the good time Hotel was allowed to speak um so a progress report from our side since we last met there have been eight additional calls to Code Compliance about noise from the good time from three separate buildings um so it's uh only one has been issued only the two citations you heard of on Sunday have been issued unfortunately what ends up happening often is that uh neighbors will call for Code Compliance because the noise will be very loud um and then it will uh it'll go down and it comes back up again you know it's kind of funny how that works uh and so um additionally uh speaking to some of the codee compliance officers the one time when I called uh they had uh mentioned hesitation to issue additional noise violations because of the previous ones being uh thrown out by the special Masters so it feels like now there's a little bit of a um uh a hesitation in doing that uh and so that is now something else we are working through the uh the what the current cup says in writing is that a noise should not be heard uh from the noise from the speaker should not be heard from the nearby residential buildings that's what the cup says it's written plain as English uh and so when you can hear it from the nearby residential buildings that means that they are not living up to their cup quite frankly they should have gotten a lot more than the one warning we're now having to work with code compliance to readjust and and and what why they are not um writing to the uh Co what is written in the C up versus what they think the special mag might have interpreted by that um I have a lot more to say about why those special Magister cases were thrown out I know exactly why and I'd like to meet with the city attorney this week I'm going to quite frankly uh just to get us on the same page and just actually can you tell us why here here's what I think there are two separate um standards for noise in the cup uh um there is the unreasonably loud which to me is I don't know what that means but I feel like if you can hear it two blocks away it's unreasonably loud um and then there's a more narrow cannot be heard from nearby residential buildings it it's mentioned in two different locations in this you know 10-page cup so uh what the good time hotel has continued to argue is that because of the um uh you know there's because of the different standards they're confused about what to uphold and so they can't be held to it what the problem is is in all three or six quite frankly of the previous uh violations that were thrown out I believe code office had said that the noise was unreasonably loud so even if you were to take to the broader standard that the cup has they should still have been withheld not this uh two standard so we don't know which way to go if you can hear two blocks away it's unreasonably loud so you think it's confusion on the standards I I I that's your I get it yeah but I think the noise meets both standards quite frankly so you know pick the pick the cheaper one it doesn't matter and then just uh one last Point uh uh as someone who's an advocate of um activating our streets and our blocks preventing empty storefronts from happening the Goodtime hotel I think has most of their most of their storefronts that are along Washington Avenue empty I see homeless people sleeping in them so this kind of song and dance about there have done a lot to rehabilitate the good you know that that street they should just prevent people from sleeping in the corridors I'd appreciate that thank you so much for your time pleasure thank thank you good morning my name is Andrew Warden I also live at 635 uid some of you may remember me I appeared before the planning board in the early days of the dispute with the Goodtime hotel at that meeting uh Dave grman from Groot Hospitality did undertake to build a sound wall he did so the problem with this is that it doesn't contain the sound we have met with the management at the Goodtime Hotel multiple times at which they undertook oh well the DJ is not allowed to increase the sound on Sunday the code officer told me that she could hear the music three blocks away clearly that's a violation and clearly not in good faith with the neighbors they basically during several of our meetings I basically had good faith that they were trying to be a good neighbor during one of the last meetings I attended one of the VPS from Groot Hospitality was there along with members of our Board Association the board members of our association which we were told we needed to have Grace that they needed to elevate their sound to sell more bottles for 2 to 3 hours every day that they open in order to meet their business plan quite frankly I don't care about their business plan I've lived in that neighborhood for almost 25 years and I expected quiet enjoyment I'm sure each one of you if I opened a day Club 75 ft from your front door you'd have the same concerns I sent each of you an email yesterday and I'd appreciate if you could come at that during the revocation hearing thank you thank you anyone else in Chambers okay um go to zoom and again I just caution everyone on Zoom just don't be repetitive of what you heard but obviously share your thoughts knowing you may come back next month thanks uh Johan Moore yes good morning board members and Mr chair as well as staff as always thank you very much I I'll keep my comments brief just to point out that there are now three separate Avenues of residents uh who have become aware that their noise is in fact the noise from the good time uh and I think there may be more people coming out of the woodwork so to speak I would only Echo Charles's uh thoughts not concerning revocation modification but concerning your apparently inconsistent standard which was done by your predecessor composition uh as a planning board and I urge that you retighten the standard uh which is in fact in accord with flamingo part neighborhood association's uh position that the standard be uniform across the city and be no audible noise thank you very much thank you anybody else that's all we have on Zoom okay Mr chair just a quick comment if I may sure um there has been a lot of discussion about the standard and as I mentioned this board uh in February of last year 2023 voted to change the standard and there is only one standard for noise it's in uh a condition 10 inside the cup that says that it cannot exceed the unreasonably loud standard there is no standard anymore about whether it can be heard uh anywhere in the surrounding neighborhood that was part of a prior standard that was formally Changed by this board last year and as we've mentioned and has been heard on U previous meetings this is the inconsistency where yes there are portions of the cup that talk about uh how the speaker system was to be set up and it was set up but it has a references to that older standard but but that is not the operative standard that code enforcement should be using so this confusion does continue we have seen it in Code Compliance even this past week uh but it is clear on the record what the planning board did last year to change this to an unreasonably allowed uh standard as the only standard that applies and that is what we have been operating under and frankly doing our best to uh keep the noise levels well under control and that's what we will continue to do and I'm sure that you can and perhaps you know um your staff uh can uh you know provide you that same uh occurrence that happened a year ago and we did bring to the attention that there are other Provisions that could be pointed to in the cup that are where this confusion can come up whether it's for code enforcement or neighbors alike uh but we have instructed all of our staff and are operating under that standard that is in that condition 10 unreasonably loud but do you think that when you're when a resident is inside their apartment three blocks away and they can hear the music inside their apartment is that unreasonably loud in your opinion I'm not there to you know know that personally so again hearing it doesn't necessarily make it unreasonably loud and and I will tell you that unreasonably loud is the standard in the noise ordinance throughout the entire city this is a standard that basically applies to everyone and so that is what that this is down to what the code enforcement officers uh have experienced with this the other standard was uh new and different and we were be treating we were being treated differently and now I still think that we are being treated differently because it it happens to be I think as we can all agree a subjective standard but that is what the standard is and that's what what we are doing our best to operate under uh and there still seems to be confusion that a lower level of music is is being triggered as a violation right I guess that that's the problem we're facing here is that no matter we we give you what you asked for right I mean the the planning board at the time gave you what you asked for for the light the the unreasonably loud and you're telling us that it's a subjective standard which I don't you know I think there it's there's a there's a subjective element to it but you know we've had Code Compliance in front of us before and we asked you know what is unreasonably loud than they said to us you know well if it's you're inside your apartment and you hear the music that's unreasonably loud in one of those buildings you're saying you're not even sure that that's unreasonably loud so how can we give a cup to an establishment when in in effect there's really no enforcement mechanism if it's going to be argued that you don't understand what that means I'm not I'm not criticizing you right now I'm just saying for next month we need to come up with a solution here obviously obviously and I'm asking you to sort of profer something offer us something offer us a solution right right the unreasonably loud's not a solution because you don't know what it means the residents don't know what it means co- compliance doesn't know what it means and and you're objecting when you do get a violation under unreasonably loud you're objecting saying you don't know what it means and that it's not fair so what what is fair to you know what is fair to the residents what's fair to you and I'm just saying propose something instead of you know I think it is going to be helpful NE next month for everybody to hear the history you know much more in-depth history and and presentation and I think we've all you know repeatedly said how much we appreciate you know all the efforts you guys have made to invest money and everything but bring us something that you know ideas uh about you know Solutions because right now I don't have there's nothing in front of us and I know staff is going to be giving us something and and I do I am curious you know roio I guess if you're not going to be here next month I don't want to put you on the spot but if you have suggestions for us ahead of next month you know I'd like to kind of get a head start and you know understand how res residents feel about the different suggestions and so we can kind of reach a solution next month as opposed to kicking the can down the road further okay um hi Elizabeth I'd like to say something sure um so first of all I made a site visit yesterday um not yesterday excuse me Sunday and my husband and I were driving down Collins and we rounded the corner um and I could hear music and I didn't know where it was coming from and I thought well we're just tooling around um and I decided I'll just go in well I I nobody would even talk to me I mean not really and I wasn't allowed to go up so that doesn't mean that I'm not impartial it just means that I was there um and I just wanted to disclose that I did would like I would like to ask if you can hear anything west of Washington um which apparently you can is that not unnecessary unusual loud noise just being able to hear music west of Washington anywhere west of Washington Avenue if you are able to hear music that I think is what would be determined as plainly audible which is I think very reasonably understood as different from unreasonably loud okay I I get that there is a spe Spectrum there of subjectivity but just being able to hear something there's sounds coming you know anywhere you're out walking your dog there's going to be car noises other people talking uh could be and there are other venues that have outdoor speakers and do play music whether it's a small restaurant other Hotel there there are many uh cars playing loud music uh those those are many those are things that everyone can hear to have it be that no sound period should be heard is is a definitely a different standard than unreasonably allow but isn't a car doesn't a car stereo pass by as opposed to just being sustainable noise that may be but that's one car there there's a there certainly is Ambient sound from the multiplicity of uses and vehicles and people and other uses in the area so uh I I will say and you know we are I I was made aware by management that you did a a show up on Sunday we're sorry that tell it was great well we're sorry that no one was able to recognize you um it's okay and I I know I was told that they were just vetting for security of you know the those establishment and their guests which they would do normally for anyone you know code enforcement shows up in uniform even if they're unannounced uh and so you get to understand that uh you know it was inal it was not an intentional visit of we have and continue to offer uh you know visits to everyone you can contact our firm and we're happy to coordinate uh a visit for you um do you have raised speakers on on the rooftop do you have them are they on the ground or are they stacked up uh the the sound system which was vetted through uh permitting as well as sound Studies by our engineer and the city's peer reviewer uh have a combination of speakers but most most of them are lower to the ground on purpose as uh as required even by conditions that are in the cup and that's all been appropriately maintained and that of course the sound wall is another component of that system so most of them but not all of them so you do have some raised yes but not very tall and again all done in conjunction with technical review and I think you know two uh board member freeden there's been discussions of a pilot program you know the city has shied away from using decb which is not you know which as well before our venue came on board um but it may be time to try to you know establish and subm monitoring we volunteered to be a part of any decel uh pilot program it's even one of our conditions that we voluntarily put into this uh I believe that was last February as well that program hasn't yet been established but you know that certainly is a means to try to address this as trying to make it more objective than it than a objective standard so we are still very open to that and you know we have engaged our sound engineer to you know try to give us some ideas so that we can you know be again a a a collaborating member to uh work out a viable solution yeah but I guess I guess it's a great idea in concept but if the city is not able to get it up and running in time you know we need a solution now and so if you want I mean one solution and that just comes to mind is that you guys create this program of the decel monitoring and install you know get one of the neighbors to agree to install you know a decibel monitor on the balcony and that you have access to you know whatever it is but I guess I don't know the status of the pilot program and it seems to me it's not going to be ready in the next you know several months or at all ever and so obviously it's great that you're volunteering but if you want that to be a solution you're going to need to sort of take initiative to get that done if that makes sense um I had one more question um so it seems like that most of the noise complaints are coming in the afternoon do you have the parties every day or what what I don't know so I I mean I've never been up there I don't know anything about it so I'm just kind of trying to learn about it the programming varies uh um and if anything uh the more key events are happening um Fridays and Saturdays the venue for entertainment is only allowed 11:00 a.m. to 8:00 pm. and majority of these uh events whatever day of the week that they happen are usually over by 7 7 p.m. they don't even go until the end of the time you know other venues throughout many of parts of the city have uh ability for outdoor entertainment to 11: even midnight ours ends at 8 and we we do stick to that very religiously and in fact like I said the majority of the time it's even over before that so that's the general last month most of the complaints were on a Saturday right that's what I that's what I read and it was sometime like around two to five something around in that that area so okay Mr J you yes uh thank you Mr amster for the update I'm relatively new to this board but it seems like this has been going on for for way too long and and every month there's new people that are coming to speak so for each person that comes here there's a multiple behind them people who don't know that there's a remedy for this potentially they don't know how to voice their concern their outrage of being disturbed multiple times every single month we've heard a lot about the economic consider ations that that the operation won't work or isn't feasible without this outdoor entertainment so my question for you is can you provide evidence can you not necessarily open up your books but show us that the hotel and the indoor operations won't float the business and that if we were to make these conditions more stringent that you would have some sort of hardship because what we're hearing is a hardship from the residents that live nearby that didn't have this hardship before so I need some sort of evidence from the business side not just the level of the music but but how that impacts uh economic operations I don't have any of that information so I'd have to speak to the client to see if and what we would provide to address that but I think just from a a bigger Global Perspective when we came in for this use uh to get the hotel approved which was a historic preservation board application with a compan Canon uh conditional use permit application to the planning board it was always and clearly identifiable that we were going to have uh a pool deck on the third level with outdoor entertainment that we would keep during the day and so that is from the beginning you know our uh the the good times goal and plan H that they've now carried forward uh and wish to continue because that's again how this uh um project from inception has meant to operate I had a question again um how is the sound controlled who controls the sound is it locked in password key all that kind of absolutely and that's required that was that's part of the conditions that was part of the sound study U review and uh approval uh so there are maybe only two people I'm not exactly sure but very few people but whoever is the the The Who whoever is operating you know and uh playing the venue does not have the control over the system but the person controlling the volume knob does right there's a maximum set and that was through the sound study and that's that's where and so do you think we could change the maximum set it could it could occur I think that again that was all vetted through uh again the best objective standards that we could do and testing with experts both on our side and the city Side so it that would I would think that would be the appropriate way to uh if needed uh address that sound level okay there may be other options you know for the system that that I think that this is a an area where there needs to be uh you know good Minds coming to to task to try to figure out uh the best way forward I just remember Dave saying that we had the best sound engineers in the whole world and that there was a way that that we could fix it and I just keep wondering why it hasn't been I just that that that just keeps coming back to me but all right a couple more and then we're going to move on Scott yeah just um uh you know the biggest issue here is the sort of the um ambiguity in in how you define um you know the noise you know coming from coming from the the the good time hotel and um you know last week I uh or last month I should say I asked staff to come up with a different standard um and I know Jonathan you you just mentioned that maybe the applicant should come up with a standard but at this point I I I'm not going to rely on anything that you Pro you propose I would leave it up to staff um and I would hope that staff next month comes back whether it's you or or Michael comes back with something that's um um much more uh much less subjective um that's what we need here um obviously there are there are a number of uh residents being affected by this and you know it's at the point now it's almost like um the good time is just playing games you know just constantly just let's take it month by month push for this push for this and you know delay this another few months and it's just it's it's going on way too long um so you know I I'm curious to see what staff proposes next month um if you know not to my liking I'm going to ask that it revert back to what it was a year ago which was you know noise can't be plainly audible on the west side of Washington Avenue um you know that at least um gives Code Compliance something a little bit less uh subjective uh to to base their their criteria on based their decision on and also the special master so um you know I I wait to see what happens next month but um you know that that's that's what I'm going to what I'm going to ask for and um and we'll see see where it goes I hope that you uh you know you heard you heard it here a few times today it's very easy just to turn a dial down a little bit um I understand that you say you basically implied this is how we make our living there this is this is critical to the to the financial well-being of the hotel but if what you're telling us is that for this hotel to survive financially it has to violate city ordinances and violate conditions of the cup then maybe it's not a business we want in the city so you know it's something that um you need to really uh consider going forward respectfully we are not violating the standard that's not our practice we are doing our best to adhere to it and have actually turned down the levels of music to make sure that we are complying you he okay good um I'm not exactly sure what happened it's probably tied to do when the volume was allowed to increase but the good time was always viewed as kind of the Paradigm of of the good actors right they proactively would reach out to the residents they' try and make things right um different members of the board have asked you know the applicant to come up with something city staff to come up with some type of standard I would love it if over the next month similar to what you all did in the earlier stages I know AI was great at the proactive Outreach just to get with the residents and try and find a way together that you can present something to us next month collectively um I don't know how possible that is given what's happened over the past two months or so uh but I think it would be nice next month to hear something collectively from all sides both staff residents uh and the good time because I I would say I don't think it's it's in our best interest to malign uh businesses or residents right we have to try and find that happy medium because the city won't do well without the business interest and the city won't do well without residents being happy so so please come together and just find some compromise yeah and I just want to end it with Matthew you have to understand what a difficult situation it is for us I mean we're we're sitting up here we want a business to thrive and we want residents to enjoy their life and um and it seems the last few months have been we've been inundated with more complaints than usual now I don't know if that's orchestrated or what but the fact is we're getting these emails and you can't just ignore the residence so I've been begging you guys for months uh because I do want you to succeed and and I do want them to be happy but I've been begging you guys for months to maybe go to one of their apartments and go to the balcony and then have walkie-talkies and talk to the people at the pool and and and put the music on and see at what level it can be played without them being disrupted I I I mean I don't find that that complicated so you know obviously next month you know there's a revocation hearing and um and again at least speaking for myself I've always tried to balance you know businesses with quality of life and like like yil just said I want you both to to be happy and I know that's not always easy I always make the joke as a lawyer that a good mediation is when neither side is Happy um but uh there's got to be a remedy where you call can have your music but they can enjoy their life there's got to be some happy medium there's got to be um so in light of the fact that we're coming back here next month I implore you to to work with them and I I know you're doing your best you know I understand that I know you're just their attorney um but and I know they' really have as he said they really have been the model of Outreach and and Obby would come here every month and tell us something else they've done so I know that the the the intention is good but the execution doesn't seem to be matching the good intentions so again just just make sure when we come back next month that that hopefully we can all establish some happy medium where they're okay and you're okay and we can move on from this okay and obviously we're going to have staff's you know recommendations for that um I'm going to let give you really quick because I want to move on from this I just want to make sure that the board understands the residents I personally spent hundreds of hours meeting with AI facilitating them coming up on my roof deck with a sound engineer and calibrating and I've spent tons and tons of time conversing with AI and the number of complaints that you're getting is artificially low because he had us directly communicating with him asking him to turn the sound down so I I want you to be aware what you see recorded is a fraction of the complaints that people in my building had right because people were when I was on the board were funneling those complaints through me and in good faith I was saying to Obi you know what I want to work with you to make this happen but and I'm sure you as a resident want a thriving good behaving business so of course I do I I I get it of course I do that's why there's got to be there's got to be that balance there has to be a way that they can have their music but you all have your quality of life right I mean I bought that condominium almost 25 years ago with the expectation of quiet enjoyment clearly the use of a day Club is an incompatible use adjacent to a residential neighborhood without like a framework around this right I would encourage the board to go back to the language that was included in the cup that they underwrote their deal on which was that there would be no audible sound behind the Arcadia house which is the building immediately west of the Goodtime Hotel okay they underwrote their deal on that that's what they came to Market with and they've asked and asked and you guys have given and given and they continue to violate every stipulation that's out there they're not acting in good faith despite all of the the smoke and mirrors because of their their stated need to like basically achieve their business plan by pumping up bottle sales it it's it's inconsistent with underst thank okay all right do we need to move to to or is it OB it's it's already scheduled for next month any action we need if you move the continue the progress report as well just just so we have to next month simultaneous with the r okay someone moved to move the progress report to next month motion to move the progress report to next month's meeting second okay all in favor anyone opposed okay you you going to say something I was just going to say we mentioned in the in the in the staff report that a potential option is restoring the previous standard uh that required that sound not be plainly audible anywhere west of Washington Avenue so that's probably where we're going to be uh coming from next month but you know we're still going to keep discussing uh that internally okay um are you going to come with a a a new revised proposed cup we'll have a draft order for you yeah um and then uh potentially requiring new sound testing to take place because some something seems to have happened from when we did the original sound testing um um in November of 2022 till to now so okay all right Matthew thank you moving on to uh revocation modification hearing planum planning board file pb21 0435 the Lincoln eery now I thought last month that that they had already evicted the tenant the operator and so is this a revocation hearing it's the it's the the hearing is being continued because they're still trying to decide what they want to do with the space and so they have a new operator um and so they're going to be requesting potentially reinstating um what they had with the with the new operator so the the the planning board had voted to suspend um entertainment um last year and uh and so they haven't had entertainment the operator that they had there was operating they brought in speakers they were doing things that were not allowed per their cup clearly not allowed per their cup uh the owner of the building was not opposed to us suspending entertainment because they were trying to get that operator out of the space um that that operator has been removed as I understand it any code enforcement violations have now been settled and so they have a new operator that's here and they they'll be they'll be uh talking with the board and presenting their ideas okay so it's really to modify or or reverse what we previously did right got it exactly okay so so um they're looking at reinstating the conditions of approval that they had before um they're not looking at changing the operation ations the the cup required that any sound on the rooftop be at an ambient level they're not located near residential spaces we did sound testing if they operate per the cup it should not be heard by any residences nearby the problem is that the previous operator was bringing in speakers was doing having all sorts of special events that were not allowed per the cup um so I would you know welcome them to to present to you their thoughts and and our recommendation is that the planning board discuss uh their proposal and and uh discuss if you think entertainment should be reinstated it's only it only allows for ambient entertainment um with certain with uh minimal hours I believe it's Fridays and Saturdays um let me go to the bottom line it's what we originally approved and they VI the last operator violated so we resed it okay so it was rescinded and so now they're here before you to see if if the board is okay with reinstating that okay sir good morning back members of the board good morning Roberto I'm the manager of the link eer and I am here with Isabella Aguero which is our new operator for the L eery as he mentioned um the previous tenants were removed um and you know we have put a PL a a plan in place if I may share it with you um yeah that shows uh what we have in in mind one of the things that is going to make a difference uh with this plan is that I am a previous code enforcement officer for the city of my beach I know what unreasonable loud is uh LOL it works with the neighborhood uh linol itery is a place where we want to have everyone welcome um as you can see it's a Blog away you can walk by anytime and see what difference we have made in the neighborhood we beautified the space we made it comfortable um it's a welcoming space our new tenant she is aware of the new requirements for you know to operate on the rooftop uh we went ahead and you know and took care of things that will not create a nuisance to our neighbors um when I worked uh in code I I used to patrol the streets I used to go to to take care of cases that were complaining about loud music coming from a a venue or space um it's under my management and she is aware of that absolutely ownership is aware of that and that's one of the reasons that they hire me to to to who is tanova the owner of the building okay yes so you work with Misty yes uh very close as she is my boss okay got it no I'm happy to hear that because she's very responsible yes she is indeed and it and it was a very uh it was a nightmare to get rid of our previous uh but it's done and it's not going to happen well let's hear so so let's hear from you what what what's your plan so my plan is to if we reinstate the uh cup is exactly what he said it's it's specifically for ambient music it is not to bring in DJs and blast music that is not what have in mind at all on the contrary you know if we do anything any events we would do them downstairs doors closed we have an option and the upstairs is specifically for ambient music it's it's a place for people to come in relax we would like to have DJs but if the DJs come in they have to be plugged into our system and our system would keep it at be below uh conversation level it again it's more for ambient music um so that is my goal all right be before we have St I have a question for staff um your recommendation is that we continue to the next month what's the point of that what's going to happen between now we just um if if you're sort of okay with it we want to just refine make sure that no refinements are needed to the conditions and make sure that they're going to be operating exactly um as was previously approved okay um and so that we can just dot cross any te's dot any eyes make sure that everything's okay but but it's up to the board if the board wishes to to re yeah I was just per because I didn't see what could happen they're not operating so I want to get and make sure you know if you're okay with it and then if that's the case just so that we can make sure that all right before we have questions is there anyone on Zoom there's anyone in Chambers on this item No Hands raised on Zoom nothing on zoom and and because this is a modification verification hearing do any board members have any disclosures to make any disclosures start with you Scott no no disclosures nope no okay okay all right um so you all understand um the prior the we the planning board had issued a cup um with all types of conditions the last operator violated them repeatedly they were in a lawsuit they got evicted they're done so now we have a new operator um who seemingly understands and I'm glad you sat through the last item so you understand how serious this is for the residents um so any questions from the board the what they're asking is that we reinstate the prior cup um under the go under the commitment that they will honor it so that's where we are the the I guess the only question I have because they have I guess on weekends they can go till 2 a.m. it looks like yes and I guess the only thing I'm wondering Mr chair is is whether it I I want to make sure before we allow that obviously then like re revocation or modification after we allow that is sort of a long complicated process if there's more of a structural or a sort of a foundational problem for the resident uh the nearby residents and it's not just a matter of good actors versus Bad actors but it's just the way that that where the location of that property I guess I'm a little concerned about the 2 am until we see that it works I'm more inclined to be to say have them come back and say you know uh you know get to give them till midnight now and if they're doing well and we like what we see and we want them you know they they have a good reason to extend till 2 am we can then give that to them as opposed to giving them 2 am now if that makes sense um they seem to be they seem to be in agreement with no understand that and staff um I know I know your recommendation is but are you okay with the I mean obviously you you approved the last cup are you good with that cup we were okay with how it was originally approved and we think had they operated per that cup it would have been fine would been fine okay may I add um the speakers that were approved yeah that is what we are going to have in place we're not having any extra speakers brought in right they had brought in other speakers corre corre and uh that no we let's say for example we have an event that requires special music um the person that's going to come and play the music is going to be hooked up to our system as you can see in the pictures I'm a fre control freak everything's under locked it has to go through me has to go through her and they cannot bring not even a monitor because many DJs require a monitor so they can get the vi that is not going to happen with us so and I appreciate that are you okay with with uh going to midnight for now and then I'm okay with it um I I don't think it's necessary because I've been up there and I know how loud it is and it's not loud at all I mean they're 10 little speakers there it's it's very very minimal noise and the Studies have shown you know our nearest neighbors are two blocks away maybe three even and the Studies have shown that you know even at the highest decible it's like listening to traffic go by all right well I'm okay with it I don't know how the other board members feel how strongly there are I mean I you either you either give the 2 am and if it doesn't work you punish them or you give them 12 and then you reward them I'm fine with leaving it at two I I I'm I'm I'm fine with it now I'm cognant of your thoughts Jonathan I hear what they're saying and I I appreciate them and the fact that they're smaller speakers and I understand what happened the last time I just it's I get it I I guess I'm feeling more of a sense of you know moving forward on new cups starting out earlier and if they're doing great the neighbors are happy and they're you know and they're good at you know they're they're being responsive to you know any inquiries or requests and they're complying by the rules then they can come back and get later hours as opposed to having the burden sort of on the neighbors now to come and show up at meetings uh and you know fight to get the hours reduced I think it's interesting that none of the neighbors are speaking on this item but it is what it is all right let's just real quick Scott any questions or comments no I'm okay with with reinstating it as it is with the 2 am I mean if there's if there are issues with you midnight you're going to get the complaints anyway so and we'll know about it I mean I don't think uh just between midnight and 2 am. is going to be just when the music would be would be uh very loud um just one quick question on your plan of action the first two points um you know entertainment shall be limited to a volume that does not interfere with normal conversation is fine then in the next sentence you know you're going to have DJs live performances um it just doesn't jive I know that the DJs will plug into your system but you know you may get a DJ that for whatever reason you know likes to have louder music so it's something that uh it's control personally I'd be a little concerned with but like I said I'm willing to give it a try and see where it goes and and like I said you know we want to work without neighbors we work always without neighbors um stop by at any time and you will see it for yourselves uh it's a different it's a different place it's on the different management and uh you know the owners are very concerned and that's why we are doing the changes and we are willing to do whatever it takes did I remember last month that you said you did not want to JS was that was that was that something I just imagine we we I said it's it's not necessary you can create your own Ambiance with your own music but sometimes when you bring in a DJ like I went out the other night to a place called mini bar which is on on South Beach and they have a DJ and they're playing very softly but it's the Ambiance that they bring in and I was like you know it's not loud in here it's very um you know but it creates a Vibe just having him in the corner and it does not have to be loud that it for for any reason and and 2 am is because because that's when we close that's when we're able to operate 2 they do last call and then by 2: a.m everyone is out and it has a a maximum amount of people that can be there so and that's something that she also agrees with yeah because I mean they would be entitled to be open until two they just wouldn't be able to have like it's us we can determine whether they can have entertainment until then that was of where I was going entertainment is the same volume as their house speakers and it really doesn't matter yeah the entertainment creates an A vibe in there but it really it should not be louder and it it's not supposed to be as per the cup than what the speakers are are capable of which is not loud I think I'd like to continue this I'm there like I think I'd like to go with what staff has recommended and continue this I and just kind of find out more at least that's my thought okay um I think we're well so the photo show speakers that kind of face outwards towards the neighbors the acoustical consultant says that all loudspeakers should face inward so are you going to be repositioning the speakers that are currently there what's the plan for that down right M so they're going to be repositioned to face towards the building no they on the wall going down and the ones against the railing it's going to you're going to take the ones that are currently fixed to the building instead of facing them out you're face down face them down I see the ones that are on the wall now and they're up on the top would you be willing to relocate them to the bottom and out across Asos think I mean that I think that would go a long way towards kind of insulating the noise and having it that would be no problem got it and Steph we make that as you know kind of a condition it as a condition I just okay I'm I think I'm rooftop yeah and we're on the sixth floor it's not like we're yeah Milo that's on the second we're way up on top of Marshall so it's a pretty significant you guys are Matthew any any questions or comments and I'm just listening too you know we've had other issues of different neighborhoods and now we're we're yeah I'm not concerned because none of my colleagues are really concerned I don't really know the background of this but it sounds like it's not going to be above normal conversational level and by the way when I go to a restaurant that has normal conversational sometimes I feel like I'm screaming right at my wife just trying to have a normal conversation so even that in a way can be subjective right I think what what the volume level is so what it sounds like is that it's normal conversational volume but it is probably on the louder side no no that's not what we want you know we went out when I to somewhere in Miami Beach and it was so loud we were screaming at each other and that's uncomfortable to me that's not the way it should be it should be a place where people can come relax have a drink if you want to have a DJ fine again I I I didn't really see the the the impact of it until I went the other night and I saw that one guy in a corner ambient music very low but it it does something it does something to see him there to play a kind of music and that's what where I said you know what it might not be a bad idea but initially I I was I didn't care because as long as you have a good uh music playlist you should be fine um but the idea is to have conversation up there this is not a place to party this is not going to be you know 80s music party all night it's it's not that at all I would likely tend to agree with my colleagues thank you motion please I just I'm just the DJ thing is I don't know just it just yeah doesn't but it depends on the DJ there's different types sure but I mean somebody is not going to be out there all the time monitoring that well that's my job is to scope them out I wouldn't bring a DJ that I don't feel is going to stay within that you scope them out and there are DJs that will play very loud music and it's up to me to to figure out what would work with our space we have also put a new um security camera yeah with sound uh that it can be monitored from home if I'm not there from my computer from my so it is believe me I I understand I understand what the requirements are can I can okay I think we're all agree with I guess it brings up a question of I didn't realize that there are security cameras with sound the possibility and so some of these outdoor entertainment establishments can we require having cameras with sound on the proper property and that and providing access to code or or uh you know planning board for cases when we need to look back to see what was going on there and we can hear the sound and the decel levels or whatever I mean I'm thinking for ideas for other properties um it might be something it seems like a small expense but an easier way for planning board to supervise some of these outdoor entertainment establish I don't see any planning issues against that we do have usually a condition that code enforcement is allowed to inspect I don't know if there's any constitutional issues or privacy issues that I think the board has an interest in enforcing sound conditions um I I don't know if the board has an interest in video uh from from within an establishment I think um if you are interested in in exploring um sound monitoring you know one of the reasons the land use committee um wanted to Pilot a decel system and and the city retained a sound consultant the the first step in that process was to do an evaluation of what decel levels are appropriate and what are not and so I think um I think the board should follow you know that that initiative was just re-referred to the land use committee at the request of commissioner Fernandez I think the board should follow that discussion um because I think the the outcome of that discussion could could give you know this board a basis to impose um sound conditions that are that are based on certain levels but I I think a a condition requiring access to video and audio monitoring equipment I mean and maybe I get it constitutional issues um but in terms of maybe even not giving us access to it but requiring that management have the ability you know like they're voluntarily doing but that management have cameras with sound monitor you know sound capabilities what whatever the technology is uh in future cup so that management can review when there is a complaint management at least can say oh they can't say I wasn't there they can say you know I reviewed the film I see what the problem is and you know we're going to address it you know just an ex that's something we can look at yeah I I would suggest if the board is inclined to reinstate entertainment that the prog that the revocation modification hearing not be concluded that the maybe be continued a month or two that way if there's any issues the board can quickly react to that and we don't need to issue another cure letter and and Reen notice so I would I'll make a motion uh to reinstate their the cup as it was before um to the same thing with the speakers they'll move the speakers facing move the speakers facing towards the building towards the building yeah and um and then to also do a status report or keep it open revocation earing to let what are we now we're March April May maybe may I would do more like 90 days June yeah because they're not how how long till you're open oh probably probably within a month i' rather could next month do 90 days so move it to June that way hopefully in June when you come back there won't be any to talk about perfect got the second perectly relocate the speakers you'll relocate the speakers down take and you're not going to have planter speakers or any of that because that's I was just kind of reading your discussion it looked like you're going to have more I mean I'm just very sensitive to the the neighb speakers approved yeah five on the North side five on the South Side so you'll be relocating the speaker from being wall mounted to face to the floor right whatever it building we wanted to succeed okay but we we we have a we have a we want you to succeed too but we want our residents happy no absolutely and we have a motion a second let's go let's go go roll call okay the motion was made by Mr freden correct seconded by Mr sement okay uh roll call Miss spe is absent Mr cement yes Mr Elias yes Mr freden yes Mr ganof yes Miss Laton Mr needleman yes motion passes thank you allk good luck and and come back in June telling us everything's perfect everything will fine thank you all right next is item number seven um on previously previous code amendments item number seven planning board 23634 height limits for main use parking garages on page 91 of your book okay okay so this is fileman number pb23 0634 height limits for main use parking garages on Terminal Island um the a similar item was presented um to the board um I believe it was last year um and the board recommended unanimously for this item however at the city commission at first reading it failed by a vote of 4 to2 um so now this is a private application uh for a very similar Amendment and what it does is it increases the height Li limit of uh parking garages on Terminal Island main use parking garages from 40t to 75 ft um the request is being made by the fiser island um Association they have a parking garage on their site um that has I believe four levels of parking that is used for employees of of fiser Island and the idea is that they Park in this garage and then um people can get onto the ferry and be taken to fiser Island um the what happens today is when that garage fills up cars start to queue up to get onto the ferry and then those the F takes cars over to fiser Island and then those cars park on fiser island and so these cars are queuing up on Terminal Island it's backing up um blocking access to the Coast Guard blocking access to the city uh facilities I've seen it firsthand yeah um and sometimes even backing up onto MacArthur Causeway um we've looked at this from a transportation perspective um and and and it looks like this will improve um the transportation issues because more cars will be able to get to the garage and prevent that stacking that's currently taking place and more people will walk onto the ferry rather than drive onto the ferry um staff does have concerns over what's going to happen when the construction process is happening because that first level will likely come out of commission and so that will reduce the capacity of the garage from what's there today for that construction period um if not completely I mean they may have to close down the garage entirely um the the applicant has indicated that they will be renting parking spaces elsewhere per perhaps downtown Miami and then shuttling people um onto onto uh onto the ferry uh using using uh some sort of a shuttle service and also potentially on on Terminal Island itself um staff has other concerns with the uh Aesthetics of the garage the way it is today this does provide an opportunity any any new proposal this is just the ordinance they will have to seek a modification to their existing approval so they do have a conditional use permit that will have to come back to the to the planning board and they do have a design review board approval and so it will have to go back to the design review board as well and so aesthetic issues could be worked out um give us another chance at improving the Aesthetics of the garage um as terms in terms of operating conditions um we feel that this will give us another opportunity at adjusting the operating conditions and perhaps limiting um the hours for which in which certain activities can take place in order to minimize peak hour impacts on the MacArthur Causeway so with that staff recommends that uh the planning board transmit the ordinance Amendment to the city commission with a favorable recommendation but what did you say was the it failed four to two or something was that the city commission voted four to two and so the ordinance required five affirmative votes to pass thanks um any ldr amendment requires five affirmative votes do you remember why they decided not to approve it um I do not recall the exact issue for the for the vote maybe mayor knows R If This Were to come back to the commission it would require how many votes now five still five still not six for height increases no um um only F amendments would require six votes mayor good morning chair members of the planning board niss casden and Chris pelis with acran representing the fiser island Community Association with us today as well uh our representatives of the association Daniel CLE lick and Michael posy as well as John McWilliams our traffic advisor uh and consultant if you would please queue up the uh slideshow uh a little bit of historical uh information on this there are some new members here of the board the fiser island Community Association is the Master Association that represents all of the homeowners on fiser island and they operate uh the entirety of the community as well as the fairies which I'll show you in in a minute uh the item did pass this board previously unanimously it went to the city commission it was a short City commission and it got four favorable votes instead of the five that were required there were only six people at that time candidly a little bit of a surprise uh but what we have done is gone back and uh the need is even greater as you will see and done even more analysis to show how we can improve conditions for traffic on Terminal Island and also on MacArthur Causeway uh let's see here so let me give you a overview here of the uh of terminal Island and the Coast Guard base uh if you look at what you see on the screen is the property on the far right is the Coast Guard base the property on the far left is the uh resident and guest terminal for Fisher Island those of you who have gone to fiser Island that's what you use then next to that as you go further towards East is the Florida Power and Light facility next to that is the uh uh City's maintenance yard and on the point is a uh uh property that had previously been approved by the city for a uh office development and then next to that buding the little Channel between the Coast Guard base is fiser Island's other Ferry and the garage to hand cars for people who would otherwise have to use that ferry that Ferry is used for employees uh construction deliveries other things that have to go on the island as well as employees who work on the island uh the garage is used to uh Park people who would otherwise have to use the ferry therefore reducing the need for queuing to get into the ferry and also potentially reducing the need for for uh uh ferry service uh to the island the garage is at capacity and the Fisher Island Community Association is seeking to uh increase the capacity of the garage by adding three levels to the garage currently the garage is 43 fet in height the uh the zoning there i1 industrial zoning allows 40 ft in height except for commercial uses such as the office building that was approved at 75 ft with their Associated garage and other uses this is kind of an anomaly in the city it's the only place where a principal use parking garage is under 50 or 75 ft in height so that's all we're asking for is to allow it be the same height as other commercial uses on Terminal Island and as other principal use parking garages in the city I want to draw your attention briefly to the way traffic circulates so you understand why this is needed for the Public's benefit as well as the Island's benefit if you can see there traffic comes in to use that Comm that the the the the commercial employee Ferry comes in off the causeway goes down terminal Island Drive and then if you look at the red line that is a queuing line that goes all the way around the garage through the garage and the cars wait there to load onto the ferry if you're parking in the parking lot if you look at the blue arrows that shows you where you just make a right turn and go right into the garage this is the uh queuing problem that we're trying to solve uh as you can see those are cars principally the backed up to get to load onto the ferry and as you can see sometimes that backup extends out onto the MacArthur Causeway I'd like to uh take a just just a moment to show you this one video if I may which demonstrates how the parking facility and the queuing operate this will take about five minutes so you see here those trucks on the right are waiting to load onto the ferry uh the commercial Ferry and a little bit faster thank you and this there we go uh go back yeah so you see that's how they load onto the fair and you see the ferry loading and on the right you see the queuing line that goes around if we go forward you'll see that that line goes around the garage yeah thank you those are uh large trucks which don't go through the garage and you see this is the line that's waiting to get on the ferry go a little faster possibly as I showed you in the pictures it extends all the way out to the entrance to terminal Island and further out onto the MacArthur Causeway so those are all cars waiting to get onto the ferry correct some may want to get into the garage but until there's clearance uh in the driveway they can't get to the garage none of the backup is caused by the garage so hasn't increased the garage help with the queue for the ferry wouldn't that solution be to have more fairies or no well you what you'll see as we go through this is if uh the many of those cars would not need to go on the ferry they could turn immediately into the garage there would be no queuing no weight so that's how it relieves uh the queuing problem how many additional spaces are you prop approximately 250 now if we can see as we see here this shows you the operation one other thing that they would are contemplating doing is taking the offices for the island association off of the island and putting them in the garage the the expanded garage so that the employees who work uh on the island don't have to take the ferry to go over the island well but wouldn't that reduce the number of spaces available to workers using the garage well we're talking about the additional three floors a portion of that would include offices so you wouldn't be the 250 would would be with the offices yes right I guess what I'm saying is that the current employees who are working in the offices on the island they're taking their cars to the island and you would then instead of having them take their cars to the island they would be able to park in this building correct I don't know if on the video I did want to show the operation of how uh we can go back for one second what's very important to see is there is no queueing whatsoever for cars going into the garage we can just get around to not there we need to see see there that car is turning to go into the garage it makes a a left turn into the garage those cars are doing that uh and there's no weight in the garage whatsoever the weight is caused by queuing on the on the ferry I think this I think this demonstrates it adequately if you have any other questions I can we can show you at somewhat a greater length but is that because there's no spaces left in the garage they have to go right so that you're saying they're not they're not going into the garage because the the garage is full correct got it got it so The increased garage will reduce the amount of cars that have to go on the ferry correct correct now couple of other things that I want to make you aware of as well in our letter to you we have a support uh from the uh Coast Guard commandant acknowledging that his letter that this will uh uh uh you know help in terms of access to and from the Coast Guard base they're impacted by this as well we have also proposed not a part of this application but uh a cleaning up of that drive along terminal Island for the benefit of us the city and the Coast Guard which would allow a one lane which would be for loading the ferry uh another uh and another Lane which would be a turn lane into the garage or through to the Coast Guard base so it's a problem that's definitely in need of a solution this is the most important aspect of that solution uh and uh and we would obviously encourage your uh support again of this item thank you okay four questions is there anyone uh anyone here in the chamber speak on this anyone on Zoom No Hands raised on Zoom okay we'll start at the end Scott any questions uh no I'm I'm I'm in favor of it um I you know I um I understand the queuing there and uh you want to really get rid of that um so I don't really have an issue with it um you know it is a little higher than proposed but like you said it it matches the the um the building that's proposed to go on the tip of the island so um I don't think it's going to be anything that's uh going to have any negative impact on the surrounding Callum neighbors um so um I don't have an issue with the project just one question for staff um un review criteria and I read this and maybe I just didn't understand it you can explain it a little bit better on number two um says the proposed amendment does not create an isolated District unrelated to adjacent or nearby districts and then on three basically says um the amendment is limited to the i1 district so it seems to be you know contrary can you explain those two two items and so so this is generally the criteria number two is when you're creating an overlay or a new zoning District um and if you're just going to be applying it to one one or two lots and it's surrounded by something entirely else that's totally different ver so really that that criteria doesn't apply here because this is going to apply to the entire uh terminal Island and and all of the i1 districts so potentially the FP FPL has a Transformer facility there I don't think that's going to go anywhere but if somehow they they figured out a way to do something else with that they could potentially have a similar type of a of a garage on that lot so it wouldn't be just isolated for them Matthew okay thanks hi good morning thank you Mr Mr Casten for the presentation today I do have some questions um I'll start with you talked about the employees of the island can you talk about the industries that are on that island and the number of employees for these different IND Industries well there really aren't any uh Industries on the island it's a residential Island they have the facilities the golf course the tennis courts the restaurants the spa uh uh you talk about terminal island or Fisher Island Fisher Island okay yeah there are no Industries but they do need to be serviced obviously so there are employees of uh of all of those facilities as well as employees of of many of the island residents as well as uh suppliers uh for Provisions uh you know construction material is things tennis golf restaurants right tennis golf restaurants Marina all all all facilities related to the residential and Club uses but also construction right construction when there's something so it it takes two forms one would be you know if a if a unit owner is redec redoing a unit and they need to have some interior construction that would be the construction in terms of actual construction on the island it is virtually built out out there is only uh 155 unit luxury residential condominium the Related Group is building and 12 single family home sites that's it no more construction so that's six Fisher Island is that the project you're referring to yes okay and is that located on Miami Beach or in the city limits right half the it's for everybody else part of the Island's Miami part of the island is Miami Acres the that is on government cut is in the city of Miami Beach have there been have there been recent uh buildings that have been constructed on fiser island in the last say 10 years last 10 years probably yes yeah so and has that contributed to this increase in demand to travel on the feries would you say no I mean what you're looking at now what we showed you is current actually uh uh without any I think major uh construction projects underway if I'm not mistaken right and this is like the average what we show like kind of like the average use of the ferry terminal because my my concern is that this is almost a problem of Fisher Islands own own doing they have one one way on and off the island it's terminal Island which has access only through mathur Causeway the main gateway to South Beach and my concern is that uh more development on Fisher Island leads to more demand for access to Termino Island which then could potentially impact operations on the mathur causeway and and that leads me to two questions which are one have any alternative Landing sites been considered uh additional Landing sites to fiser island that don't uh require Miami Beach uh access and then the second one is in the in the documents we you talk about shuttle services to and from the mainland is that something that couldn't be implemented today to help alleviate the operational deficiencies of that you say of the garage and of the island itself okay so uh three questions there first of all I I need to repeat there is virtually no more development capable on fiser island it's 67 total units uh that can be built so this is not an issue of more development on fiser island it's it's built out but there are you know hundreds of units there that occasionally they will be you know remodeled and things of that sort people need to get on the island for that and they're all the facilities the tennis courts the pool the spa the golf course Etc so it's not this isn't uh going to allow or facilitate in fact the kimley horn study shows that this absolutely doesn't generate more traffic what we're talking about is taking traffic that would have to go on the ferry and putting it in the garage in terms of alternative sites years ago there was an alternative site at the Port of Miami but the Port of Miami for for some of the commercial loading Port of Miami needed that site uh for their own uses as you can see the port has undergone considerable additional expansion so there's no other alternative launching site for these functions anymore final question in terms of shuttles uh that reference in our uh in the I think in the staff report and and as we've discussed is when the garage is being uh added to and in reconstruction we will obviously have to provide uh a shuttle service for those employees and find get temporary Lots uh as we can to be able to accommodate them but that is not in any way a permanent solution because any of the sites we look at May ultimately be developed uh the commute is uh obviously could be many miles away the cost could be substantial so during construction we will do what we can but that is certainly not a permanent solution to remote thank you thank you a couple follow-up questions is the fiser island Association supportive of public transportation in the county I don't know uh I can't speak for them with respect to that issue okay uh they are they have a lobbyist Who has fought against the Vil link proposal is that correct uh I I believe that is correct okay um because look their impact there has been an impact in in 2020 uh they the whole intersection in Island was reconfigured and I'd like to know if there was any transportation professionals here who could speak to the the impact that the reconfiguration has had yes in terms of the the mainline John John McWilliams from kimley horin intimately familiar with this good morning John good morning Matthew uh yeah I was a part of that project if you don't mind just introduce your in your affiliation sure John MC Williams with Kim Le horn Associates offices on to alhamra Plaza in cor I was a part of that project that was when the the garage was originally constructed and if you recall at that time uh the only way out of either side of terminal Island whether you were on the what we call the passenger Ferry the the older Ferry that's to the west or the Coast Guard facility or what was the surface parking lot for for employees at fiser Island which is where the garage is today or the Public Works Fleet Management Facility all that traffic leaving the site would have to funnel through the terminal aisle intersection and as a part of our process when we developed the garage it was clear that there was going to have to be some some way to address that egress issue uh we work with fdot we work with the city we work with this board we work with the Coast Guard and we came up with was the most amicable solution which was to try to divert some of that erress traffic to another signalized location which ended up being being Bridge Road so it did introduce new conflicts at Bridge Road absolutely uh no doubt about it but Bridge Road in general the side street from from the other side of Bridge Road from Star Island is a low traffic generator um but it was a case of there was a bit of a a trade-off to move traffic uh from the island specifically the Coast Guard was was um very concerned about any additional uh operations on the island and we needed to mitigate that so that's how that Improvement came about so so my my observations as someone who sometimes drives and takes Transit and even now bikes across the MacArthur those tradeoffs that you referring to have been at time especially during peak times pretty significant at Bridge Road uh do you have any sort of uh did you collect data before and after to analyze those impacts no okay because for instance if there's someone who's leaving Star Island at Bridge Road might us to be one vehicle that stops the whole entire intersection while they wait for their signal and that that could potentially uh introduce delays that didn't exist before sure but I would argue they're likely hitting those same delays a terminal AIS okay um in terms of public transportation is there any way in your professional opinion that that that could be leveraged to help reduce uh demand for parking there I mean mean certainly you could introduce public transportation but that that those Transportation options are you know if it's if it's a it's a Transit vehicle it's going to be stuck in the same congestion um I will say that what we're failing to realize is that the the peak times at Terminal AIS do not necessarily coincide with the peak times of the causeway um and they can speak to their when they shift changes occur but their shift changes occur actually earlier than the typical afternoon peak hour and then I think this probably conclude my questions the majority of or not majority but a lot of those uh vehicles that you showed in the in the Drone footage those were construction contractors they were construction vehicles um you know workers for for whether they're new construction or or Renovations they would still have to drive onto the island is that correct not necessarily uh I mean if they had to bring on if their vehicles had specific equipment that they had to bring on yes but if they were laborer you know laborers or or interior decorators or any number of others they wouldn't have to so I'm I guess I'm failing to see the need to almost double the height uh i' I've heard some of the arguments that are made but it doesn't seem like all Alternatives have been necessarily uh attempted over these last couple of years and and doubling the height is a big certainly a big ask I know there's a proposed project but that's that's not necessarily happening right now or may not happen ever uh that's that's more hypothetical I think at this point um what you're asking for is a is a concrete ask to to double the number of basically the height of the garage to increase it by 32 feet over what's currently the current garage the same height as is allowed for any commercial building I would point out this is a i1 this is an industrial Zone there is no residential on the island there's no there's nothing but commercial uses the fairy two faery terminals Florida Power and Light the city's maintenance yard and potentially an office building so uh and of course the Coast Guard which has endorsed this for their own access reasons during construction so their concerns of access will will likely be impacted as well during the construction process we we understand we will have to have a uh plan and we will have a plan as they did when they built the garage years ago uh to handle traffic but to not do the expansion leaves this as a problem perpetually and there's nothing that indicates that it's and there's nothing I mean the island as I say is virtually completely built out the demand you see is the demand that's there uh we need to do something long term to to deal with that and I understand completely for my support I need to see more work done to try out try out Alternatives whether that's finding another Landing site for a ferry or embracing shuttles from whether it's Miami or Miami Beach uh and trying those out with a a clear clear pilot program uh you know statistical methodology to to evaluate its success and if it's successful then then great we don't have to uh increase the height of the garage not we come back I as I've explained there is no other alternative Landing site for the fur the only other one was the Port of Miami the Port of Miami has committed themselves they're building the new msse terminal the NCL terminal or cargo operations it's the only other place you could go potentially is somewhere far up the Miami River which would be it take an hour or more to get from there to the island uh it does it just doesn't work and I and it's not even clear that there's any any place up the Miami River where you can do that there's no other place for a Ferry Landing for this all right let let's that's right thank you Jonathan anything uh no I mean I'm in agreement to for I mean I think clearly from the videos there's a need for more parking I am concerned that when you do get the addition first of all I guess the matter that reelio mentioned about the con struction and what are you going to do when you take away at least the bottom floor perhaps you know the whole garage I guess maybe speak to what do you have a plan for maintaining sufficient parking were is that when you were going to rent space in downtown yes I mean we will uh have to and will and obviously as a condition of any approval we will need to have a plan in place to have parking and some uh interim shuttle service for those people okay we need we need it for ourselves and I guess I guess to Matthew's point I mean you know looking at the videos it is a lot of trucks that are you know air conditioning truck or a glass truck you know carrying big sheets of glass and you know those aren't aren't you know workers who are going to leave their van uh you know at the in the garage they need it on island and and there was an 18 wheeler even and so I you know obviously I'm in favor of I mean I'm going to vote in favor of it but I guess I have a concern that even once you do have the additional parking you're still going to have this issue of you know congestion regardless oh well uh and if you look at the even the images that we included in our letter of intent you'll see most of the vehicles are not uh construction vehicles or cars that said of course there will be some that that absolutely must use the the the fairy Landing uh that because the equipment that they're bringing on and such so yeah for sure that's going to always need to be continued to be used but a substantial percentage are are cars that that don't need to go on there question for uh staff although Mr Mayor you might know the answer how does it make I guess sense that all the operational burden for fiser Island takes place on Miami Beach yet I guess at least half of it or I guess the tax base is allocated towards the city of Miami is there any type of breakdown of that well to do with this application but no I know roughly 17 Acres I think of Fisher Island is in the city of Miami Beach and how many acres 200 or so is in unincorporated Miami day County okay so I guess just in terms of the tax base going to well I will say this the portion that's in the city of Miami Beach is an enormous tax generator it's all those buildings along government cut they're literally really the city provides virtually no Services whatsoever to that so uh uh it already uh and candidly it already is a big contributor to the city's tax base without any there's never been any talk about having the rest of it come on over to Miami Beach many many years ago there was some talk about that and uh but I haven't heard any talk of that for years got it I think one of you Mayors was send in the military and kind of take over the rest of the island something like that and then I I think when I was in office I may have talked about annexing it but uh I'm just curious whose Fire Department Services the island Metro dat County Miami dat County right yeah okay and two more questions so number one uh is there a fee for using the parking spots there I guess how does that work I don't think there's any fee for using them so no feeis it's not open to the public correct not open to the public only for employees and workers understood and then third question what's the current status of the office project that's there as far as I I haven't heard from them in since it was approved by the planning board so it's still pending it's pending understood okay and they reach out they're not in favor either way they have no no they are they're aware of our still related project no it was sold okay so they're aware but they haven't they're neither in favor or opposed as far as we know great okay I have not think I had I requested a 15minute presentation on this because I don't know much about terminal Island other than There Was An approved I think it was a Condo building at the tip um but I don't have any issues with it I know that the coard the no more Condo building there well it was going to be at the an office building sry I want to make sure because there's no residen they were originally going to do a condo that was a long time ago um but I didn't I wanted I was concerned about the Coast Guard I wanted to know that sanitation from Miami Beach was okay with with um all of this and I was satisfied with those answers so I have no other questions all right someone want to make a motion make a motion Mr chair uh also uh disclosures in terms of expart Communications on this oh do we need let's see I don't know that they're require I mean I didn't think they requ legislative item so I don't think legis take that back now but now we're curious please share what do you know that we don't no but with with with due respect to Matthew your comments um and I appreciate I I've lived this I spent a lot of time at fiser and I don't know that there are really Alternatives I think this is really necessary so but really appreciate as always your comment so would that someone want to move it make a motion to approve I'll second okay okay we have a motion by Mr cement to trans with a favorable recommendation second by uh Miss Lon and roll call uh Miss Bey is absent Mr cement yes Mr Elias yes Mr freden yes Mr ganof no Mr Lon yes Mr needleman yes motion passes thank you very much thank you okay we'll do one more before we break for lunch new applications planning board file PB 23624 1901 Alton Road a Whole Foods proposed and it's on page 101 uh this application is requesting a conditional use permit for a neighborhood impact structure for the construction of a commercial development over 50,000 Square F feet God okay so uh this is a a project located as Alejandro said at 1901 Alton Road um a similar proposal was actually approved on this site back in May of 2015 uh for a Whole Foods together with a with a bank and so this is a a a new proposal has a similar layout it's a very unique Block it's a triangular shaped block um it's located on the uh Western half of the block on the eastern half of this block there are residential Apartments a lot of which are the uh dormitories for the New World Symphony um and so the the uses on the on the block are part of of where our recommendations come from um The Proposal here is for a 3,900 uh approximately 3,900 foot financial institution that's the Wells Fargo that's there today they will be relocating into a portion of this of this site of a new building uh there's a 34953 square square foot uh retail grocery store that's the Whole Foods the Whole Foods will have a 60-seat cafe in the mezzanine area of the of the grocery store and then they will have 271 enclosed parking spaces and that um is significantly more than what the parking requirements require um the uh the the parking um is located on level two they'll have 78 spaces level three 90 spaces and level four which is the rooftop will have 103 spaces um the egress into the parking um is via 19th Street and the applicant is proposing to have one driveway in and two driveways out uh staff does have concerns with the the orientation of those parking exits um staff feels that it can be accommodated with one driveway in and one driveway out this is the way many of the grocery stores which have uh parking garages in the city operate including uh several that are in um in the Sunset Harbor neighborhood however we have had discussions with the applicant they feel that it's crucial for them to have the two uh exit driveways as uh as they may um they would like to have uh some sort of a barrier or gate Arm System to potentially have tickets uh for for people who go into the garage and so as a result the applicant feels that it's necessary for them to have um two exit driveways um as a result of that staff feels that it is necessary to include a provision that gate arms be required in order to slow down the traffic as they exit um that driveway because there we expect that there will be a lot of people walking to this site from the residential uses that are nearby as well as from from the single family residential areas um um just east of the of the golf course we think uh um several people will be walking there um and and also there the main pedestrian route to get to Sunset Harbor for a lot of pedestrians um we staff has concerns with the just the general layout of 19th Street um you have the three driveways there's two uh loading docks and then two bays for trash compactors uh the trash compactors will have to be wheeled out onto the street and then picked up um um and so you have a significant stretch of driveways without um um a pedestrian refuge and um that could potentially create some dangerous conflicts for pedestrian so staff um has had discussions with the applicant and they are they're going to be proposing some some revisions U um now um that we we do feel will improve the situation um in terms of hours uh for loading staff is recommending um alternative hours for loading um um we do recommend that on weekends and national holidays that loading not occur before 9:30 a.m. given the proximity to residential uses um the applicant is proposing deliveries from 6:00 AM to 12 am during the week um staff has recommended that uh collections not take place during off peak hours uh during during peak hours um to minimize impacts uh traffic impacts during rush hours uh particularly morning Rush Hour um I know that uh we have received some some emails from residents uh with potential conditions um um especially from the adjacent residential staff is okay with uh those conditions regarding um um buffers uh on the west side of the property and uh and with that staff recommends that the planning board um approve the uh conditional use permit subject to the conditions in the draft order and but wait roell of the proposed revision conditions you've seen that they just handed out from uh from these yeah uh regarding the um just a re it's it's a revised proposed condition nine have you seen that oh this one uh oh this one is the one that he handed to yeah that's what I gave you guys this morning all right so just take a look at it while uh Graham speaks and and maybe we'll get your comments on it Graham go ahead morning everyone sorry really we are okay with the condition on the trash compactors we still do have concerns with uh with the deliveries uh particularly during the peak hours and trucks coming in at rush hour and and and having to maneuver U while cars can potentially be moving in and out so which which one are you talking about which that's condition I so you want it to be what um we in in the uh staff report we have included a condition to limit loading uh from 6:00 a.m. to 7:30 a.m. and then again at 9:30 a.m. to 4:00 p.m. and then again 6:30 a.m. to midnight on weekdays go there um that's to keep the trucks off of the road during during peak hours you want to keep P yeah and this is this is something we've been consistent with with all cups that have come before the board we want to try to keep loading um out of the peak hours to not impact our rush hours and why do you pick 6:30 p.m. instead of 7:30 p.m. um it it uh traffic seems to slow down after 6:30 normally a little bit not a lot but a little bit so so that we felt that was a good good time to pick up again um a lot of the the Whole Foods and other grocery stores that that I'm familiar with we've uh seen them limited to trash pickups and deliveries limited to operating hours because especially when you're in a residential neighborhood you've got who knows I mean I don't want to hear all that mess at 6:30 in the morning um is there a possibility that we could move those to operating hours if that's a all right let anyway St keep keep that thought let him present and then we'll get into all those nuances unfortunately Miss Latona I'm sure we'll spend hours talking about those hours but grahe pen Brook Howard Del Fernandez L tap 200 South bis Boulevard representing AR RRP Miami 3 LLC in Wells Fargo the applicant and the owner respectively I'm going to introduce our team and then I'm going to talk a little bit about the first condition referenced by Gram just so I understand so the owner of the Wells Fargo the property is all owned by one person Wells Fargo Bank owns of car they they own the property yes the I'm just curious because last time it was Russell that that made this application that that's changed no I mean the ARP entity is the G galin entity but the the Wells Fargo is the property own got it so the uh yeah and Marissa galet is here to uh as part of our team so our team this morning the aforementioned Marissa galet uh Brian Maloney our vice president of real estate from Whole Foods who will talk about the operational issues that have already been discussed architect Jennifer mccan our landscape architect Justine valz our traffic engineer Wen Vargas and last but not least my colleague Emily Balter uh uh for a bit of bit of throat clearing you all received an email from Mr Casen um taking up more of your time this morning uh about a proposed condition I just want to uh read it into the record we've agreed to the proposed condition offered by the New World Symphony and I know the representatives are here and Mr Phillips and and his colleague are here so let me read it for the record this would be a new condition this is related to the facade that is adjacent to them right they are they they border us on the East and the north so the upper and you'll see you know what to make it easier let me just show you can see there's our property so the new world housing is on our north side and our east side right they're the rest of the the triangle so in order to protect the their the the interaction of of our building with their property we've agreed to replace what we had on the plan that's in in your packages is there a portion of the garage structure that has solid uh CBS stucco wall on it we've agreed to a condition that would remove as much of that as possible so this is what it would read the wire mesh design elements on levels two through four shall be extended to the maximum permitted by the Florida building code along the north and Eastern elevations of the building in a manner to be reviewed and approved by planning staff after consultation of the New World Symphony parenthetical adjacent owner any remaining stco section shall be evenly distributed along the north and Eastern elevations the mesh screening shall be consistent with the building's mesh design however at a greater density to avoid headlights from the parking garage impacting the adjacent Parcels to the East and North so we've agreed to that condition and we would ask that any Motion in favor of the project includeed so with that out of the way that's the condition I was referring to um previously and that that is in your email if you want to read it because so that'll be conditioned what I'm just want to take notes what what number would that be add it to the end right okay so uh to the actual presid ation part we are excited to bring this application for Signature new Whole Food store designed to serve the entire city as well as a new Wells Fargo replacement Bank on this site here's our uh orientation again you can see where the property is located as a triangle site uh bordered by Alton Road on the on the West 19th Street on on the south here's your existing conditions the property is built uh developed with a bank that's been there since the mid 80s typical Suburban design as you as you'll note from being there drive throughs dominate on 19th Street again it's a it's something you could see anywhere in South Florida property oh before I forget property is 1.27 Acres this this project very similar version of this building was approved by this board back in 2015 as staff indicated and a big part of that approval was was the design and you'll see the design hasn't changed uh in any in any Market fashion or fashion you'll note we work very hard with sunset 3 and four because they rais concerns about the design at the beginning of the project um so that's why it has this really Innovative uh design of the building that includes that integration where am I echoing in the back there the i i the integration of the plantings at in within the garage levels so quick overview two tenants Whole Foods and Wells Fargo three stories uh a building with the rooftop parking all vehicular access will be on 19th Street and off of Alton we our f is just over 50,000 and we're providing more than required uh parking that parking will include significant amount of parking that is designated for our employees so they will have plenty of parking spaces in the building which of course if anyone has gone recently or in any time to the Whole Foods down on Tenth it's a significant difference in the amount of Park we are providing uh we're really and there Mr Maloney will speak to it this is uh reason for this design is because this is going to be basically a regional store okay operations this this is relevant to the conditions we discussed I'm not going to belabor the the the compactor change that we're requesting uh because staff is agreeing to it but basically instead of having any kind of um dumpsters these are self-contained compactors that are loaded from within the building so you have a air conditioned space there's a hole in the wall you you put your stuff in it they are uh removed by truck and actually trucked off in their entirety dumped off off at the dump and brought back as one unit and they're slid right back where they are so that's why we've requested that change to the condition related to the air conditioning that's not it should not be required where the compact factors are because they're basically linked to the building and enclosed you can see the the loading spaces there to the East and as reelio noted we've been working with the administration on changes to the design that will limit that area as much as we can and you'll see that in the in the revised set when uh Jennifer comes up both of these areas will be fully enclosed with roll down doors and we have agreed and this is in condition in your order that there'll be a dock Master present during any loading and or trash activity briefly on the operations hours of operation proposing the Whole Foods will have typical grocery store hours 8 to 11 every day and well as Fargo will'll have typical Bank hours 9 to 6 Monday through Friday we are proposing that the delivery window be 6:00 a. to 12:00 a.m. with the dockmaster that's the point of difference we have with the administration at this point trash um no we the trash because of its unique nature will incur no more than two times a week uh only Monday through Friday and we have those we've agreed we don't have an issue with those slots that staff has suggested to take us out of prime time and of course the property will have a security system so with that let me turn it over to Jennifer she'll take you through the design Mr chairman I think we're going to need probably an additional 10 minutes given our initial back and forth to go through the whole project okay thank you uh my name is Jennifer mccan with Studio MCG architecture so this is a ver this is the view from Alton and 19th uh right now as as Graham was saying there's an existing Wells Fargo on the site definitely a Suburban plan with this new plan we'll have a bank and a uh Supermarket that uh creates more of a street and pedestrian experience instead of just having a Suburban and um kind of out parcel in a parking lot this is a view from Alton Road uh we have Wells Fargo on the on the left and the the Whole Foods on the on the right that takes up um the entire Street facade along Alton Road so that's a completely active use on on Alton there's um bike racks Street trees um you know entryways along Alton Road and that turns the corner right here to to 19th Street and on 19th Street uh what Urban robot has done is create this kind of beautiful bio Swale in the in the um in the front which is like a Plaza on city property but um that mitigates a little bit of our long fronted standards that we're asking required a waiver for on the in drb uh but you know that's a it's going to be a beautiful space it also helps with um water retention in that area and The Pedestrian experience does turn the corner and goes uh down 19th Street um you know every one of these buildings has a rear and there's no alley uh so there there is a portion of the facade that that does need uh service and I think we've tried to mitigate that as much as possible um and we've even worked with staff uh to reduce uh from from the plans that uh you currently have we've reduced the amount of service area long 19th about 27 ft so on this plan you'll see right as the building starts to turn we had all of our service and I'll show you a little bit later on in the presentation what we uh removed from there so on 19th we have our you know fpnl Vault and only the necessary items that we need all on the street the rest we put upstairs in a mezzanine or up in the parking garages to try to get rid of that mechanical space as much as possible but fpnl requires um Street presence and there was no way around it um and you can't load on Alton because you're at an intersection um with Alton and the and 20 20th Street uh so the loading and the parking entry is pretty much where it needs to be uh here we have this is our mezzanine it's a very small section that turns the corner uh on Alton and 19th so we have some active uses also at that second level uh then we have levels two through four which is basically parking so in this in this scenario you'll be able to take your uh cart go downstairs and shop and then come back up with your cart to to your parking space and on the roof we've located um the team member parking and the employee parking and and the bank parking as well so this is the um section through the building you have a very tall space of Whole Foods um which is also meeting the flood criteria where you're able to um raise the floor in the future if the streets are are raised uh and at the second level what our street our screening for our parking is actually this really beautiful um you know 8 feet deep planter that goes all the way around the building so instead of just putting um you know a bunch of louvers um this was originally designed by oppenheim on the facade um I think he did a great job at just you know doing a really interesting and unique uh version of the facade which has a metal mesh and then uh planted trees all the way around at the second level screening the parking so this is the updated site plan which is what we're looking at getting improved and you'll see here there's an additional 27 feet just next to that staircase where we turned the Vault um we you know we made everything kind of perpendicular to the street and we were able to kind of slide everything over as much as we can and then we also work with staff on 19th Street and creating a little bit more pedestrian um experience on the facade so we have had uh more blank walls at the second at the mezzanine level and we created a Lou system and more glass at that level um there was some comments on the bike parking so we um took some of the of the bicycle parking and put it on the second level in lockers so I'm sure there will be a lot of employees here taking their bike uh so we added we we um we have I think five bar parking spaces is downstairs along Alton and then at the second floor you can see wish I had a pointer uh just next to the ramp there's some squares where we added about 20 20 uh right there 20 bike lockers so they're out of the way um and again we have large elevators so those bikes do go in the elevator they won't have to ride the ramp up let just talk yeah oh okay and then we we're calling out the team member parking employee parking at the at the roof level the clicker does it oh that's exciting we'll figure that out one day uh thank you Jennifer so let me turn it over briefly to Justine to take you through the the Landscaping especially focusing on that corner uh and really doing a very inter interesting natural treatment of that corner that right now is basically sod Justine hi everyone Justine valis with Urban robot Associates pleased to be here today so although one of the Showcases of the project is definitely the facade designed by opheim um and we do have a very interesting plant pallet proposed for that um interactive facade we're particularly excited about the southwestern corner of the property where we've decided to turn what's been called a relatively Suburban kind of unproductive landscape into into a much more productive Community benefit Our intention with the space is to um introduce uh a wide variety of um plantings that are all Native um they will be creating um a bioh habitat that we would say is a representation of the um very very beautiful um cypress tree habitat here native to Florida so we're complementing that with a series of understory plantings that are shrubs and grasses that are many of them are pollinator plants so in addition to providing the usual benefits of a green space such as shade Beauty you know the mation of um a heat island effect we're also um doing storm water catchment and um in addition we are providing hopefully an opportunity for people to learn a little bit more about the native habitats of Florida and the importance of green infrastructure um we've also worked carefully with the New World Symphony and their landscape architect to make sure that the planting buffer along the east and the north are um complimentary to both properties providing the um the protection the sort of visual buffer that everyone wants between the two different properties and incorporates a lot of native plants in that area as well if people have more more questions about the detailed planting I'd be certainly happy to get into that um this is our Hardscape plan we're showing compliance with the resiliency code in terms of the suspended pavement under the sidewalks to ensure the longevity of the trees and thank you very much that slide is a little bit of a lie I'd like to ask Mr Maloney um from Whole Foods to come up and and talk a little bit about why the the operational needs for the store drove a lot of the design decisions that you've seen today which are going to be relevant to the conditions we're going to talk about Brian thank you name and address yep I'm Brian Maloney I'm a vpa real estate with Whole Foods Market um I'm in based out Austin Texas but I used to live in mimo spent a lot of time on Miami Beach um it's good to be here uh you know as you all know um Whole Foods for a long time is had a a store at at 10th in West AV very small store it was actually a a Wild Oats that Whole Foods acquired um and it does a great job of servicing West AV and the you know the density um in that that neighborhood and and that store gets a lot of walk up uh bicycle up uh traffic and trades you know in some ways kind of like a convenience uh stop you know uh for local residents um what we want to do in this location is really totally different it's a Whole Foods Market built by Whole Foods Market um Flagship location to service the entire uh City of Miami Beach um as such it really needs to uh trade to the whole island um this location uh works for us because of its accessibility uh to the rest of the island um they you know and as that relates to um I think that relates to parking needs um and it relates to um kind of throughput um needs for customers and and for um receiving uh product as well um we are very different than other Grocers our average volume is higher um than than the other grocer that exist um on Miami Beach and our level of service is is much higher um it's a lot more labor intensive what we do we have a large prepared foods Seafood meat um things that are really high touch so we just have a lot more team members um and just a lot more volume and it's coming from a larger uh distance if if we do it right in this particular location that's really what we need to be successful is to is to uh trade to the to the broader Market is the plan to keep both does open yes and and what we envision is from a traffic and pedestrian perspective that the 10th Street store will have less vehicular traffic because people from you know mid Beach who come down there now won't have to do that um and it'll just it'll take some pressure off of that that store and and kind of improve the experience there um and then obviously us coming to this location will create some pedestrian pedestrian activity that you know just happens when a grocery store lands in an urban place and changes foot patterns are you going sorry are you going to keep that a three um a Whole Foods or a 365 uh whole foods are you the one who can talk about delivery scheduling and stuff like that I guess I'm curi I know staff had proposed delivery and trash pickups and certain points helping reduce the the the rush hour you know High high intensity times uh and you're asking for deliveries from 6:00 a.m. to 12: a.m. so can you give us some explanation about that sure it's it's not what I do every day but I I uh know a good bit about it um and I was just talking to our head of operations for for the southeast before walking in here um the trash I think we were fine with the trash hours and um again trash even trash and receiving you're talking about very few total trips um and generally at off peak hours for the same same reasons uh for the same reasons that uh we wouldn't want to be you know have our trucks stuck in traffic um as well uh receiving it goes back it goes back to this this same thing about throughput I mean this in order to be successful um it's it's really a a not to get into any economics but it's really expensive proposition to to build a standalone with structured parking grocery store in a place like Miami Beach and so for it to be successful we have to do a really large volume and um that just requires a lot of um capacity to actually put the product on on the floor and as it gets sold replace the product I think we think on an average two to three uh trucks uh big trucks a day um they're coming primarily out of our pompo um distribution center but it's just a lot of um kind of like air traffic control kind of thing to uh time the trucks and and unload them and um and get the product that's already in the back in the back of house onto the floor so it's just something with um there just a big tension there between the kind of voluming you need to do and the uh you know constraints of being in an urban environment can you talk about the current store at 10th Street do you own the property no we lease it we we lease all almost all of our our assets um um and how long is on your current lease remaining good question but I off the top of my head about 15 years including options okay because that's some of the concerns I've heard is that you say you'll keep the store open that serves the dense walkable neighborhoods of South Beach but people are concerned that once the store is up and running you'll close it I mean I can say that how we um underwrote it presented it to our executive team and has always been to operate both um I go back to you know that store serves a really good purpose um even with the other store open one one is like the you go on Saturday or Sunday and you're in there for an hour and it's a nice experience and that's the new one and hopefully you have a big basket um and then the other one is you you know whatever the mode of transportation is like scooter bike walk and you're grabbing you know you're in there for 15 20 minutes you guys I'm gonna do something real quick I I'd rather get to the public hearing um and then we can engage but I'm also going to take a three minute break this is important and I need to make a call but I want to hear all this so I'm going to take a three minute restroom break for anyone that needs it then we're going to go to the public hearing and then we'll engage as a board okay sorry no not in the middle yeah you three minutes e e e e e e e e e e e e e e e e e e please take your seats the meeting is about to [Music] begin please stand by we are going on air in 5 4 3 two one okay welcome back and um what I wanted to do at this point was open this item up for public comment and then once the uh public comment is closed then the board will re-engage with the applicant so is there anyone in Chambers to speak on this item and and Mr chairman before before we hear from the public do any board members have any Communications to any disclosures starting down at the end Scott put on your mic there you go I i' have to look I believe I was sent an email on this but I didn't I didn't uh respond to the email and and for purposes of of so any written Communications that board members receive you you forward to staff but uh what I'm asking for now is did you have any exper Communications otherwise no okay yes I did meet with the applicant and their team no the same email same email on a shop at Whole Foods same email thank you I don't think I got the email what was about emails from uh Nissan casden regarding uh conditions for for the um um related to the adjacent okay I I did receive that email as well and just got one from Jane CR just make sure anyone that sends email have you have all the proper emails for the planning board member so okay it it came this morning so maybe maybe yeah okay go ahead uh good afternoon um people from planning board great to see you all Sarah deos re is Sor Harbor neighborhood association President we love the project um I think it's a very great project for for us I think it would be a great asset to Sor Harbor because we have Whole Foods we'll have we have fresh market we have traded Joe's and we have public I think we have every single vendor out there that can actually be around in a walking distance for us uh the only thing I have some questions is in regards to the rooftop of the parking space or the parking it's open on the top I'm assuming and there's going to be lighting up there I'm I'm assuming I'm assuming this um and I know that sometimes lighting can reflect a very big glow into into the adjacent especially palow especially on the top um the Miami uh our parking lot that faces sunor Harbor we had a deal with the parking lot the some lightings all the lightings will be face down with a lower watsh on the top and with so this way the reflection doesn't reflect into the adjacent you know apartments are across that's the only thing that you know we worry about I know it's covered with mesh inside and it's going to be trees but the poles that are outside they should always be facing down and Celia lives on the palow so she can talk about good afternoon everyone ah pleasure to be here I am Celia Gru I live at the Pala 121 20th Street across from this new construction and I was sitting on my balcony when I first learned about this whole food and I just thought about how um everything would change with this building being lit uh and lit in an important way uh I'm concerned about the parking on the top roof being lit all night long with strong lights and um as opposed to having calm tree evening this will obstruct my view uh as well as all the other apartments Facing East so that's a concern I have um and then regarding um regarding the Landscaping I uh found Justine's project to be uh quite beautiful I would just like to mention and put it on the record there are the most glorious buganvilia all along the north side of that parking lot right on the edge and it's really there as a buffer and when I saw Justine's uh drawings uh there's uh to be trees and plants put there I asked her kindly to see how she could integrate what's already there these Bugan Vilas take years to grow and if you all have a chance today to go look please do it's absolutely beautiful so why not integrate what we already have uh with her uh ideas of plants there um thank you very much oh one more one more the 19th Street it a great idea for you guys to have the 19th Street delivery because 19th Street is not really used like it's not overwhelmed with cars either people get out of the Publix and they go there to get to Alton or they get out of Walgreens but it's not overused a lot so I think it's great that the garbage room in delivery will be on that side and I know that when they come in in the morning they would have to go the golf court and go around so that least ton road at least in the early in the morning before they leave the premise that they won't take olon road so I think that's a great idea I think it's very good we love the project I think it looks beautiful can't wait to get it done thank you good afternoon niss casden I'm a trustee and past chair of the board of the New World Symphony David Phillips our longtime CFO is here as well uh and uh in fact I was chair of the board when we purchased the Alton Point Property made it into the housing for the fellows I think most of you are aware that uh the New World Symphony is the preeminent institution in the world for fellowships for postgraduate music students we get the best and brightest from around the world and then the they go off into major Symphonies orchestras ensembles and spread the gospel of orchestral modern orchestral music and the City of Miami Beach I do want to thank uh Graham Penn for reading into the record the condition I also want to thank Marissa galber and her team for working with us we're going to be neighbors for a long time I have a feeling that the fellows and the visiting faculty that stay at Alton point will be the best customers of Whole Foods uh because I don't think too many of them from cook so we're in support of this project uh and uh thank you very much thank you anyone else in Chambers anyone on Zoom there was a minute ago but NOP the hand seems to have gone down okay I don't know I don't know if we had Bruce is still there Bruce Bachman had his hand raised I'm not sure if it went down Bruce Bruce you there Hi how are you doing hi hi Bruce let me swear you in first do you swear from the testimony you'll give is the truth the whole truth nothing but the truth yes I do thank you um just so you know I'm back on the board of the sensor op nebor Association chosen by our condo board here at the South Tower and I canvased all the members and they were all supportive of the project they were concerned to make sure the exit are not in Alton Road which of course you have addressed they're on 19th Street and then my own concern was whether the other um Whole Foods would stay open because that does help to loot traffic and you said it did so um I think we're happy in our south tower here so thank you anyone else on Zoom okay we'll close the hearing and uh Graham and your team can come up and address questions from the board I guess just to do it Orly we'll start with you Scott um um yeah yeah I'm generally in favor of the project um just a a question I understand that um obviously all the back of house is on 19th Street it's it's probably it is the best location there and I do agree with everything staff put into place to mitigate uh some of the the um issues there um I know you mentioned staff mentioned that you know it's probably going to be used a lot more 19th Street but for people going to Sunset Harbor really there's no crosswalk on 19th Street I would assume to get over Alton Road I would assume maybe half the residents um in the apartments to the to the east would probably walk toward Alton Road and then down to 20th Street to cross so I don't think it's going to be that big of an issue with with pedestrians there um but I do agree with everything that you were that you are asking for the applicant um to to mitigate those those um back of house issues um and as far as the the deliveries I'm inclined to to agree with with staff on on the timing or on the times that that they're allowed I mean all they're doing is from what I can see is basically taking out about four and a half hours out of the day that deliveries can be made and um you said you've been doing that for a while for for cups how how long uh um two or three years we've been including conditions uh to minimize that have you gotten any feedback from from other um cup holders that there's issues with that nobody nobody at the time of that these Cups have have been approved nobody has really objected uh for the most part um and when we've heard from applicants I haven't heard too many issues either most of them are not grocery stores so they're not getting the the volume that a grocery store would get you know restaurant might get one delivery a day versus a grocer store I'm sure we'll we'll get several more yeah like I said I'm inclined to approve the application with with uh all the city's um conditions you know if there's an issue down the line with deliveries you can always come back here um and ask and you know if there aren't any problems or or anything like that or we don't have any complaints which I I wouldn't anticipate we would um we can always modify it then but but I'm in favor of the project with the city conditions Matthew I do want to thank the applicants for their presentation and also Urban robot I'm a big fan of some of your proposals for First Street and and six and Alton and now here as well um I guess I don't really want to Sugar Cod this traffic is probably the biggest issue in this city if you go to any commission meeting that's probably the number one uh topic that you hear and and I have concerns when I hear things like this is a regional store and it's going to drive in no pun intendant it's going to drive in traffic from all of Miami Beach to come here uh so I want to learn more about the analysis that you did to to determine the uh you know the amount of parking for instance um you talked about the large supply of parking and I just looked here from the zoning sheet 163 spaces are required and you're planning to provide 271 so that's a significant uh increase and if you look at the square footage of the building it's roughly 50,000 square feet occupied and then 150,000 Square fet parking if you take out the roof it's it's still 50,000 versus is 150,000 I mean the the percentages of of what we're allocating um you know for for commercial activity for act for people activity versus the parking is is kind of troublesome uh the am I'm not worried about traffic you know we don't really have like an AM Peak on Miami Beach the PM I have a lot of questions I highlighted from the traffic study here and perhaps your traffic consultant could come up it says right now that PM Peak 140 trips per day from the current uh drive-thru Bank I mean are there really over one car per minute going going to that facility during during the peak because that drives down what the net impact is of this establishment and and I think staff had concerns as well about the potential for uh afternoon I mean afternoon Peak is the worst on Miami Beach and it's the worst there Alton Road backs up all the way down to Michigan and uh Venetian causeways back up all the roads back up so if we're if you're driving in traffic from all around the city it's going to make things worse and you know we hear a lot about noise here but traffic is something else that we do have uh control of control over so uh you know if they can speak about about what the real impacts could be to the transportation Network during the PM and not I've heard some people say that that these traffic studies are even pseudo science uh and I would be inclined to if we're saying 140 p.m hour uh trips currently so that's one question uh I do share the concerns from staff about 19th Street and I disagree with my colleague here anyone coming from the East to this whether they're coming from the baser neighborhood whether they're coming from Palm View or or walking or biking U from any of the the other neighborhoods to the east again they don't have grocery stores so they always have to go west they're going to go on 19th Street and whether it's the the um amount of entrances and exits to the parking garage uh I don't know if anyone's aware of how many how many uh Lanes there are for the other similar type of of res of uh of supermarkets like for instance Publix or Trader Joe's or or Fresh Market uh so I just want to see where we are in terms of those do they have one entrance and one exit um you know whatever can do to minimize it because right now what's proposed is a narrow sidewalk in my opinion it's it's 5T the building is right up to the property line and and this might be some of those are these those long Frontage standards that that they were referencing earlier this would be a short Frontage standard but but in terms of the uh width requirements it's it's the same which is how many feet um there there should be a 10 foot clear pedestrian path and what is proposed here they they would be building to the property line so they would seeking a waiver of that requirement from the design review board okay so I mean so the concern there is you know not only is it really extended curve cuts and and service the parking garage entryways um the narrowing of the sidewalk I mean certainly I'm going to be a customer of the store if it's built uh my friends and my family and my neighbors are going to be customers I think we all we all want to see it be built but the question is could it be better uh you know could there be another alternate program for this location would two stories perhaps alleviate some of these concerns that that staff have and potentially some of my colleagues Also may share so there Bunch questions there I'm sorry not much at all there Matthew true so okay so what uh why don't we start first well I think the the fun what I'm hearing from you and maybe I'm not hearing it correctly is is that I think I want Brian to again discuss the the the business rationale for what the building is and as well as as our take on what it means overall for traffic again when you think about all the traffic we see on the 10th Street store right all the people that are trying to get to 10th Street from other portions of the of the city aren't going to go there anymore right uh if I'm driving driving down from mid Beach and and tenth is my only choice I'm going to I'm going to go down there I'm going to circle the block looking for parking I'm going to be uh I'm going to be creating a traffic issue for South Beach that this store will negate um but I didn't want to steal Brian's Thunder on that so I'll let him take over okay one note uh about Whole Foods to go back to kind of contrasting us as an operation even versus the kind of the urban format targets and the and Publix and and other other other Grocers and whatnot um Saturday and Sunday are actually our busiest days um and especially a store like this where um again I speak for myself um I go to Whole Foods on a Saturday or Sunday because I actually enjoy going there um versus it being a commodity experience that I might do online or just want to get in out as fast as possible um so as such and we do we do trade from a a bigger area there's about five Publix's that service the Miami Beach customer and we kind of have half a half a Whole Foods um this Whole Foods would have two and a half times the selling area that the 10th Street one has um and so just the dispersion of trips will be you know maybe different than uh um than than other uh Grocers um back to to to speak to parking and maybe to the to the lanes um again the the the volume the amount of customers and also the amount of Labor like we we have a lot more team members than a traditional grocer would have because of um there's a high service lots of prepared foods that mezzan and balcony will all be like a really nice Community Cafe kind of out on the the the rounded corner of uh Alton and 19th and so we just have a lot of team members um we evaluated um you know when we make these decisions especially this is a big decision for for Whole Foods um we evaluated if we could we live with just two levels because it it would structured parking is is super um expensive and ultimately you know could we live without it and um while on an a Very you know average day average time the the roof level would be primarily team members and in theory um customers could go on those first two levels because it's like um I don't have the exact numbers but there's maybe 75 on the first parking level you know 90ish on the second parking level and then the third parking level is actually has has much more um so we we just could not do the volume we need to do um we felt without um that that space because while usually the first two levels would be enough we're still would be putting a lot of team members um um on the third level and um and then when you get to those busier times it would be customers also on the on the third level about the team members yeah where do you do you know where your where the current employees of the 10 Street store where they generally live how they commute to the store yeah that's a good question um that was something I was all about uh not building the extra level when we were going through this analysis like trying to figure out how to do that again it goes back for for me it was uh our own self-interest in and in terms of uh making a good business decision um but I talked to the uh local head of operations who's opened the first Whole Foods in South Florida and and knows it all really well I was surprised that there's a lot of team members that are coming um off Island that are coming in a car um and so uh because we we in that sense in that um we would have had to use a variety of other ways to handle um team members you know public transit and other uses and and and maybe parking um you know several blocks away so we we have a lot of team members that are coming um from not just the you know kind of surrounding area and they're and you know that they're driving not for example taking public transportation yeah I believe that they're driving and that's what I was told from our our okay head of operations I I mean you know you might have aund team members or something like that at a in a at a busy time and and um so there could be some percentage of them uh that are taking different transportations but majority taking uh driving do you want graham do you want that the traffic engineer to address sure the questions about the counts we can ask walk to take you through briefly the methodology Etc of how to calculate it thank you Graham Mr chair and board members Wen Vargas with craft Tech engineering I think uh board member you you raised three issues one is the amount of traffic I think you also talked about the distribution of trips where they're coming from and you also uh mentioned the issue about one entrance exit uh versus other other developments let me talk a little bit about the the traffic generation we are required to use a national document that's produced by the industry one of the things about that industry is that they are constantly updating the manual B based on New Uses coming in like Whole Foods hasn't been around for many many years the latest document that we have is only a couple of years old so they have updated different uses including um supermarkets which is what we have used in this case uh in Miami Beach we have found that there is a high percentage of the traffic that either walks or uses the bicycle so there there's a deduction that is applied to that in this particular case we we we took zero deduction for that supermarkets and and also uh uh also have what we call passer by traffic and you heard comments about traffic coming from mid Beach to the the Whole Foods that's on 10 Street now we're going to stop at this location there's a lot of what we call passby Traffic that's traffic that's already on a road especially Alton Road that has high traffic volumes these are not not new trips but trips that will just turn into this facility and then continue on their trip for this particular project we took zero deduction on that so there were two legitimate deductions that we could have taken that were not taken for this purpose let me talk about the numbers the 140 trips that you mentioned that is the existing Drive-In bank but the new proposal the new project which is the the Whole Foods and the the walk-in bank it's 362 peak hour trips that's in the PM peak hour so that's that's the number that was used for purposes of this analysis so in your professional opinion you do believe 140 uh trips are taking place today right now using that that Drive-In Bank facility remember that we are required to use that manual for whatever existing uses are and for the proposed uses my experience is that in typically in Miami Beach the document that we use tends to overestimate the trips for existing uses and new proposed uses so we applied the same standard for both and remember remember that there's two additional deductions that we could have taken that we didn't take on purpose on this project so remember we have 270 parking spaces the total project the estimated number of trips is 362 in one hour that's a lot of traffic entering and exiting from that one driveway which I will address that issue you mention also the the well where the trips are coming from again we are required this is not something that we just make an assumption we are required to use Miami county has a model that they divide all the different areas into what they call Traffic analysis zones and they give us that information from all the different directions they actually use what it's called the Cardinal distribution data which divides every partial into eight directions so we are required to use that model that's what we have to use for these traffic studies the last item that you mentioned is the the driveway obviously 19th Street is the preferred location it's a low volume Street we don't look at how many lanes we have how many entr and and exits we have what we have to look at is is it one entrance how many vehicles are going to be using that one entrance the number of lanes on that roadway and Turnal Lanes if we have any that has to be evaluated in traffic engineering when we do these analysis we look at we grade them the the software gives us a grading how that intersection or entrance exit is going to work and it has a b c d just like when we were in grade school we we also have e which is that's the maximum and then f is failure in this particular uh project 19 Street driveway is projected to operate level service a during the morning Rush Hour obviously the supermarket doesn't have a lot of trips in the morning in the afternoon it drops to B again this is a combination of the amount of traffic on 19th Street the number of vehicles are going to be entering and exiting and one last point that I will mention you know in in Miami Beach we are required to meet with your professional staff these are Professional Engineers they take a look at all of our assumptions in addition to that they hired an outside consultant in this particular case in in every case uh we we may have a different one was kimley horn so they reviewed our documents they had questions we have to go back and forth address and redo analysis so this is not just my opinion we have to follow industry standards working with your professional staff and an outside expert so I hopefully I I addressed all your questions thank you you did now in in their memo though the professional staff of the city of Miami Beach they do talk about uh they do talk about Minor signal improvements that would improve the delay and the level of service I believe this is at the one intersection that that concerns were raised which is Alton Road and Dade Boulevard that that's correct um and I don't remember the exact number but Miami date county is the entity that controls all of the traffic signals in Miami date County the number that I don't recall I think they have over 2,000 signals so obviously they have a lot of intersections they can't go specifically to every location and monitor those so that's that's a typical condition once this project is built and occupied obviously the traffic patterns will change and then we have to call contact the County so they can specifically monitor these intersections from their computerized system they can tell if the signals have to be adjusted to provide more green time to a certain movement so that that is a standard condition that's done on Project like this got it so there's nothing specific specifically that was proposed for this intersection no additional Lanes or no additional signalization just that we have to contact the County to make sure that the signal is properly timed once these traffic are are coming to this location after the project is built thank you sure um I guess to start with uh how many are you providing employees I see there's a there's the the proposed order or permit has uh four short short-term bicycle parking spaces and uh 16 long-term bicycle parking I know you you're proposing more than that right correct so we the revised set that Jennifer took you through uh incorporates that um the both the shortterm and the long term and exceeds what staff is requested do you provide employees with any sort of uh like uh public transportation passes or city bike because I know there is a city bike station the nearby there there's a condition in the order that requires us to implement the TDM Transportation demand management requirements or or Provisions that are in our study and that includes City bike passes and uh and Transit passes so how many so that will be well we the the right now the TDM as as provided by in the study says two free City bike passes and two free Transit passes that's what is currently in our TDM and that is a requirement of the order that we Implement that prior to building permit okay um so then the and the the egress from the parking garage I see that the proposed order has requirements of a gate arm and uh um in addition to speed bumps explain what you have planned for that because I I mean I would think at a minimum the gate arm should be at the street level because so you don't want it you know higher up and then people you know flying down flying down that's right um I think the it it's a traffic calming to to stop it down there so that's what we envision yeah because he might I we might have a slide that depicts the location yes the scale is a little is a little off but uh the Jennifer can explain where they are yes sure um what we did is we we have the gate arms farther back and then we have a speed bump closer to the intersection but not so close that you go over the speed bump and then you're kind of forced to go into the traffic so um yeah I mean that that's I always have a problem with the speed bump being closer to the intersection with the pedestrians because you have to sort of rev your engine to get over that speed bump and then you're next you know it's you're lunging at the pedest exactly that's why we placed it you can see right it's just at the wheel of the cars that are coming out on that slide that you're looking at so we have them there so you you pass the speed bump you stop and you have those vew triangles that allows you to see the sidewalk and that the the people that are walking on the sidewalk can also see the cars that are coming so the yeah there we go but is there there's going to be a wall there that is there going to be a wall there that no we took out all the walls so where the loading dock is we originally had a wall but what that does is obstruct The View side triangle so we took the walls out the the um the loading docks uh G Gates is pushed back uh behind kind of in line right there so you can't close the the dock when there's a when there's a large truck in there but they don't usually do that anyway even the wall on the other side where like the blue line is or the blue dotted line I mean the probably there you're going to have that's a that is a wall right that is a wall yes right I mean the problem is you're going to have people on their bikes on that on that sidewalk and I guess I personally in looking at where the speed bump is okay so right it's perfectly you know play I guess I may be looking at a different uh version um or a different slide but um but I guess the qu the problem the version I'm looking at which is in your presentation I guess maybe that was modified the it's still I think the speed bump is at a place where if you go over it with your front tires then you still have to you you pause there but you still have to kind of pro you know jump on the the pedal to get over your rear tires I guess that's my concern you're lunging like you gram said you're lunging at the pedestrians I'm just trying to is there a reason you wouldn't put the gates right on street level or closer to street level I mean we can work with a traffic consultant too to make sure that that's done in the appropriate way but while we were doing that I felt that it kind of gives people a false sense of security too if there's a gate there and then all of a sudden it goes up I think if the gate is further back you're able to see more uh you know if you have a gate in front of you the gate goes up and then you go and then you're you're you're hitting the sidewalk so I feel like all that should happen in the rear but let's we can work with the traffic consultant on that yeah I think you should I mean I think that's important because I mean in all these projects I mean every single Supermarket that has opened up in the last 10 years or even 15 years you see bad conflict zones you know the the public on the in Sunset Harbor you see it with Fresh Market in Sunset Harbor you see it with Trader Joe's especially and so I it's so important even though what may look good here on on paper you know really doesn't work especially I I I personally think this is going to be a much higher pedestrian uh sidewalk than we're anticipating right now because there are communities you know who are you know walk from around the golf course who will be walking around that area that's the kind of the natural way to walk um so so I would like I don't know how to put that in a provision but you know working with it within the cup working with a a traffic engineer to protect pedestrians could I could I Echo actually his concern about that wall I'm getting flashbacks to the Trader Joe's right now on West Avenue and it's the wall goes right up to the sidewalk right up to the property line even though they do have the required site triangle it's it's not a safe condition we we can open that up we'll need a column on the corner but we can limit that as much as possible and then open it um a little further back there's there's no issue with that yeah the other thing by the way about putting the gate closer to the to the sidewalk is that people have to roll down their window to reach out the door and in Miami you know everybody has tinted windows to The Pedestrian you're kind of like you're not sure if they see you or not if they and it's dark and so at night you know people are able to see a bit better if their windows down so that's just my thinking okay can can I just bring up something real quick um that I just realized so you just said that the trucks would not the the trucks would be sticking out of the loading docks we have a condition in the order that requires excuse me that loading uh doors uh shall be provided and shall remain closed at all times except during actual vehicle Manu maneuvering into and out of the loading spaces so the idea was that the truck would back in and then the doors could close and the loading could happen so that we're not hearing noise and things coming from the outside and so with this revised site plan it seems like the truck will be sticking out of the loading area and that the it would not be possible to keep the doors closed it it it was always like that it's been like that since we submitted so yeah in than I'm glad you saw that R I didn't know I didn't think that that's what that meant but yes we need need to make sure that the loading we can engage in the loading activity with the doors open right so that would require a change to what you have as I and I guess I have as J wouldn't that be consistent with what the Public's across the street is doing Rio they're consistent with the public their load their loading docks are open yes um well this doesn't make the loading dock open this makes the door to the loading docks open when you're activity like which makes it open but either way the point is that but it's also what's happening across the street so it should be okay yes okay so again we would ask for that change as well yeah I thought it came to here all right then a couple questions for me so I saw some mention of it in the presentation and plans but there's not going to be any type of uh public parking here right as in like general public parking if I want to go to any restaurant in Sunset Harbor I can't park in your garage and then walk across the street that's certainly not the intent that's why we're leaving room to have the the controlled system right where you the people will have to pay but if they have to pay that means that it could be public parking for guests I I guess conceivably conceivably someone could park here and then go downstairs and walk out the building right without without being okay it I guess to be more specific is it possible that there will be a pay station there to accommodate or facilitate parking for people who do not intend on purchasing anything from either Whole Foods or banking customers of Wells Fargo house use that's a good operational question yeah I mean meaning you know any publ has open parking and it's certainly possible that someone might come in and take advantage leave their car there and then go walk across the street just curious if there will be a pay station to encourage or facilitate parking that would be open to the public I mean I think Graham is a Wordsmith so he makes me really in and and hopefully hopefully I'm answering your question I mean I think you would take a ticket and then or or whatever the future system is I think in like downtown Miami there's a uh now it's a like read your license plate you know system but um in this you take a ticket and then it validates you for up to two hours and then so you shop and you and then you leave I guess if somebody didn't have uh a receipt or whatever they'd get charged I mean it's meant to just be a deterrent um sure the intention is that the parking is is solely dedicated to Shoppers at Whole Foods or customers of Wells Fargo right Fair yeah okay um on the ground floor is there going to be any type of kind of public seating benches whatever that might be I think yes but yeah there will be I mean the the main the M primary seating area uh in the premises is in that correct mezzanine but there yeah there will be got it flow outside and then just the timing on the project so let's say you get your approvals and then I do you guys know timing we need Russell here to say immediate that's what I was waiting for I come on gr handled that but yeah Marissa G Cresent HS 2200 bis ging Boulevard um we plan to move forward immediately I think we've been at this one long enough thank you and just a point about the parking uh Whole Foods will lock the parking overnight so you're not going to have someone who decides hey let me park here and go somewhere else and then come back and get their car there you go see better answer Graham I apologize I didn't know pay these guys for you yeah thank you so I think everyone's going to address but can you address this uh one of the speakers questions about the illumination at night um there is a condo development to your West and so if there going to be Stadium lights her point is well taken I just want you to appe no absolutely and again thank you for your public comment um I think if we can pull up the rendering the night rendering I think it's a pretty good example of what that garage looks like in the evening um and part of the reason that we have the parking set back with the trees is to protect from those kinds of lights so you can see here there's a large buffer between the screening and then the actual car park and I would add only that the the lighting fixtures and Jennifer can tell me what I'm wrong are going to be lower than that parit so basically the top of the parit all the lighting is going to be lower than that those poles okay so you're confident and you can let her know with assurance that condos to the West aren't going to have these blaring lights we will we will make sure and we can put this in the the uh drb condition uh we seeing Mr Madan next week drb again uh that that all that rooftop lighting shall be directed down to avoid any spillage off the property and I guess they stay on all night what what I think they're required to be on all night long yeah and we have employees up there too so that's where they're going to all right so I just need you to be cognizant of that issue yeah thank you to the west to the West okay can I can I ask sorry and the parking there's a condition there that the Sur Surplus and underutilized parking spaces located on a site may not be utilized for uses located at other sites so just confirming like you wouldn't be able to they wouldn't be able to like rent out to a valet or anything like that right yeah correct Elizabeth and we have no objection to that condition obviously um again thank you and we're excited um I would like to ask again if you could adjust your hours for trash pickup and deliveries to the hours that you're operating given the fact that there are neighbors on both sides and in the in the rear um I know that that's happened before or at least an hour before o00 or you know 6:00 in the morning is just that's just I it's just not it's not okay um and then also again to the wall and the lighting the mitigation for that are the trees that I saw in the elevation are those going to come up high enough to block to screen out those lights going to the West yes they will okay okay and um um your current your current location has a significant problem with trash and with it's just needs not to you guys but to Whole Foods it's a it's a pretty big mess right there we have that going on in Miami Beach everywhere but how would you you going to have somebody on hired to clean up the parking are you referring to the current 10th Street location or to the current site 19th the current 10th Street location okay and I'm just wondering how you're going to maintain that property because I don't want to see what we have in parts of the beach where you've got you know fountains and things that are you know just trash that is blown in or people that are using the garage like y'all were talking about using the garage um as overnight parking um yeah that kind of thing no I mean I'll definitely I'll definitely let Brian answer that one as well but um I think that goes to the point of having an additional Whole Foods in our community maybe that could alleviate some of that and you know here having more more staff more uh I call them employees but uh to help you know maintain the area um but also I know that there is like a higher demand for grocery stores around Miami Beach already so to have another one here I think alleviates the demand to have another one now in mid Beach so we're I think whole fu is coming in and having two locations is really servicing the community much better I just like to see the sites clean the site cleaned up clean um I didn't know about the 10th Street um issues you're talking about like waste just not I'm talking about in general it's pretty bad yeah um we're just trying to get to a better place with with retail with sidewalks with the whole deal I just want to make sure that that you guys are going to have somebody on staff that's going to that we we're not going to have to one one sec I was just uh I do a lot of these so I don't have all the details worked out perfectly but um so the the developer um will have um a property management that will'll pay into in the garage and then our on the ground like our store team leader assistant store team leader will um if things aren't kept to that a certain standard you know we'll have a a point of contact to you know address it or just handle it ourselves okay um how what was your thought on the uh operating hours for the trash pickups and compactors and that kind of thing so the right so the the issue I think the open issue we have is not about the trash right we've completely agreed with staff's limits on the trash it was just the deliveries that's the point of difference the trash you've got now at 6:00 a.m. okay so you would prefer to change that from not at six I don't think anybody wants to hear trash compactors and everything else at 6:00 a.m. I mean you are in a residential neighborhood I think that that's important um aspect of having a good you know relationship with the with the neighborhoods and I agree with Elizabeth not only is uh as as it was discussed it seems like you're going to be bringing the whole compact out into the street correct to to drop off the new one and bring in and take out the existing one so there is a large impact it's not necessarily quick operation in addition right uh there's potential for redevelopment around this site as well so you think about the neighbors today but also the future neighbors as well who may be living there I'm just trying to to a great idea you know 9 9: to 7:30 a.m. and then and then stop it at you know instead of 6:30 to midnight do 6:30 to 11: um you know you're already coming twice a week the same with the same with your deliveries 9:30 to1 I mean I don't think that's unreasonable there those are in other cities as well and I think that would go a long way in a little bit of Goodwill can I ask what sorry I'll just end it there what what are the current hours for deliveries and trash for 10th Street and also for and and I don't know if you're familiar with the downtown location but I know that there's I mean major concern I mean it seems like it's done very well and there's a lot of traffic in those areas so I imagine that they avoid the deliveries and trash pickups they avoid the high the peak hours downtown you know do you have any insight into that or anybody I mean I can just I I do not know um the exact delivery hours from those stores but I will say that most common time for us to to take deliveries is early morning before rush hour understanding that there are Urban environments where there's like a earliest time A lot of times even that that is still like 6:00 a.m. I think I think we we would be willing to go to 7 a.m. and then as far as the evening I think we don't have any problem with uh I think it was 11:00 p.m. you know when our store uh closes being the the P the top time it's really that morning morning time because that's a super common time for us to take deliveries how about 7:30 the well I can tell you the the the the operations folks have told me that seven is is what they're willing to live with but the if we're if we're trading that I they could even they could close earlier uh and and end it at 10: so if we what if we replace 6 to midnight to 7 to 10 it's a significant reduction in the available hours uh um you know I how about about 630 how about 7 to 10:30 I think we just said 7 to 10 yeah oh I didn't hear that part I thought I thought you said 7: a.m. to 10: p.m. for deliveries instead of I can live with that okay great thank you thank you all right last comment then we got to move on would that include the gaps for peak hours or we would allow it all the way through still have gaps okay well that's the all right let's I apologize the the reason for that it the way we reframed it in our condition is our concern about having the trucks subject to the same thing that we're I mean the deliveries that the same Gap periods that we're talking about for the for the trash that was the concern that we had can you guys work out the the time frames so that we're not wasting your time and everybody they can work out planning can work out the the Gap periods but I mean well we have to have a motion though we have to we have to approve something I I we we can because of the Nate sorry to interrupt Brian but because of the nature of the the delivery system and the fact that we're dealing with coming from pompo and we have traffic and all that business Our concern was guys get gets in the truck at 5:30 in the morning in Pomo right he's coming down he's trying to make it to avoid those G those gaps and guess what there's an accident I 95 so he shows up here at 7:45 instead of of of seven and uh and guess what is he going to do right he's the truck is in the city so the the risk is what is he going to drive around the block because we can't can't we can't literally unload well he still has the gaps now he has the gaps now if he's stuck in traffic at you know if he's coming at six o'clock he's still gonna have he's still gonna or or even at 9:30 he's still gonna you know well but not to belabor this but the that's why we proposed having different hours for trash which were fine with all the gaps right the issue is with the trucks delivering I can't tell you that some accident doesn't make him slightly late that he's going to show up and suddenly it's going to be oh look you're in the Gap and guess what you can't what are you going to do park on the side of the road for for for an hour so so the Tris so the trash you're okay with it's delivery from 9:30 to to 10:30 is that what you're well we're proposing as amended that the Del that the trash were fine with as as laid out and the deliveries would be limited between 7 and 10 P 7 AM to se to 10 pm versus our originally requested 6 to midnight right so I I think that that helps in both ends um and it will allow Brian and his team to operate the building without creating external issues that we we can't anticipate right especially sorry sorry given the nature of the business this is we're dealing with regional distribution um that is different than a typical delivery that's why we propose the difference um so the deliveries will be tell me the hours that you that you would agree to my our proposal as amended is 7:00 am. to 10: p.m. daily and the trash trash is would be the condition that staff has if if the if the board wants to further limit it we can talk 6: a.m. to 7:30 9:30 to 4: 6:30 to 12 on weekdays and 9 :30 to 12 on weekends yeah we're trying to we have no problem getting that trash out of the way of of uh of traffic that's what we want and again remember trash is two times a week right that's it that's the maximum that we're permitting ourselves under our operational plan is two trash trips a week so that is we can schedule that with with plenty of room around rush hour so that's why we're comfortable with it and so deliveries again would be seven seven to 10 seven to 10 I'm good with that all right Scott last comment please real quick going back to the um the back of house um talking about pedestrian safety I didn't see anything in the in the order about lighting um basically sidewalk lighting um because you know we were talking and and obviously you're open till 10 p.m. so you will have cars going out uh while it's dark and there will be people walking on the side walk there so I'd like to see something in there where they in the order is saying that they need to um illuminate the sidewalk I would even say brightly illuminated at least until they're they're closing or they close um and I think that'll go a long way toward uh mitigating some of the concerns with the pedestrians walking by on 19th Street um I would I would there are some issues with uh restrictions on light spilling off of a property um and there there are Public Works engineering standards on lighting so I would just say uh work with with the city um to improve pedestrian Lighting in a manner to be reviewed and approved by staff just to make sure because there are a lot of different requirements that may conflict with each other I agree with you 100% that needs to be that needs to be addressed and and that lighting needs to yeah work with whatever departments they need to get signed off on it but um I think that's important okay all right I've just been asked by Sarah to bring up one point that apparently the city is inves in in a water taxi to Sunset Harbor and that perhaps you consider giving some type of voucher to your employees so they can alleviate traffic so be aware of that all right someone want to move this motion to approve um with the proposed revised condition number nine uh trash pickups remain the same but delivery shall take place as follows from 7: am. to 10 p.m. daily and and sorry Mr SM but can we also have the modification that the loading doors May remain open during during active loading oh and the loading doors can remain open during active loading conditions and then and then we also have a condition uh that was emailed by Mr casden oh yes I don't want to forget that condition they they yes I can read it again if you need with the with the condition that Graham previously read uh discussing the setback on the east side neighboring the New World Symphony buildings okay and I don't know if it's a condition but again I just need you to maybe it's already in there but about this Lighting on the West Side okay and in addition to the uh regarding the exit from the parking garage they'll have a traffic safety or pedestrian safety study of some sort I think that they said to make sure or put the retractable uh Gates closer to the uh sidewalk yeah we have no dire I'm just thinking of the best way to write that guys the uh prior to the issuance of the building permit we will uh work with the we will coordinate with the city's Engineers to uh enhance the safety of the entrance and exit to the garage that's probably not as elic as it needs to be well you get it right all right Elizabeth what was your comment closing it what time isic the store closes at 11: okay can you turn your microphone on or talking to your mic Elizabeth sorry about that um I just want to make sure that we have the right hours you so I want to make sure trash is between what and what trash trash is between 6:00 a.m. and 7:30 a.m. 9:30 a.m. to 4:00 p.m. 6:30 p.m. to 12: a.m. on weekdays and then 9:30 a.m. to 12:00 a.m. on weekends how how are we mitigating the hours that the the the six o'clock in the morning how are we for residents how are we helping them not have to listen to all of this I thought for for trash can we just strike that morning period since minimized I don't want to live nobody wants to live next to that yes but but it but still twice a week when you're hearing it out pulled out into the street and it's banging and clanging and I mean I just you know we are in an urban environment I get that but I also want to do what's right for for people Is it feasible to strike the 6:00 a.m. to 7:30 a.m. on weekdays that that would seem great for everybody I mean yeah like what what's consistent with the publish I don't know another grocery store that strikes pick up I mean the trash company has agreements and they have to make that work early in that morning from 6 from 6:00 to 7 11:30 in the morning I mean I'm not in the grocery store business I'm just thinking out loud before we don't even allow our trash pick up in our building until 9: what time does a trash get picked up in 10th Street you know that I mean he's he's he's real State not well it's also a different system right the the the I don't I don't there is I I guess the question is is it going to impede your operation if we strike that I mean do you know I mean well I but there's been a lot of work from operations that came into this leading up to this and and me understand but I also I also understand you know real estate and I also understand that y'all can modify the hours especially if it has something to do with the fact that you're backed up against another neighborhood you're projecting into another neighborhood you're at a very busy intersection it just seems that that a little bit of Goodwill you would I don't I don't really think that there's anything wrong with saying you know what gosh 6:00 is really early I really don't want to hear that every single day and the last thing we want is for people to call complaining and complaining and complaining and and just you know help us out of here sure well well one thing I just want to reiterate that this is I think we said maximum of two times per week corre that this occurs can right let him finish good I mean we can we make the window 7 am like like the other window 7 AM it gives you half an hour maybe seven to eight I I'm just trying to I mean what what if we were to schedule a progress report for them to come back and then we could kind of gauge any and all Resident issues and let's say we we set it within a month i' rather just said it now and then they don't have to come back I just don't know if if we're going to be handcuffing them like I know in some of our buildings right we have kind of the trash company that say Hey we got to be here by a certain time because you're on a route and if we miss you we're not coming I I just don't know what they can or can't do I I don't think they know either I mean if you guys want to come back I mean we could set like a progress support for a month within opening I don't want people to you know 500 million complaints you know I just all right we got to move on so we everyone's heard everyone's comments someone want to move it and we'll either see if it passes or not I didn't move it what's that I mooved it all right what's your motion so we understand motion motion to approve um with the proposed revised condition number nine of deliveries shall take place as follows 700 a.m. to 10: p.m. daily uh there was also what were the other ones Jonathan you have the applicant will work with City staff uh to review the the safe pedestrian safety uh you know prior to you know opening can can I be slightly more specific I think what we talked about was the wall uh the East easternmost wall would not be opaque right at the exit so by that I think Jennifer said maybe a column instead of a solid wall there I think that's important to be we we have no objection to that that's that's consistent with all right R youve got all that all right so the motion is with the hours that are there Elizabeth oh and the progress report 30 days after opening so that we could all right we have one for 90 days after opening you so we should change you want us to change it to 30 I mean 90 days is probably better cuz you you'll get more you get more you get more back in 90 all right so that's the motion and I keep I keep bringing up the loading doors being and the loading doors are allowed to be open during active loading hours uh during active loading conditions and you soon and the New World Symphony condition and the lighting condition correct yes correct it's not too bad it's just like someone give me a second all right do we have a second second Jonathan okay okay we have a motion by Mr cement second by Mr freden roll call um Miss Bey is absent Mr cement yes Mr Elias yes Mr freden yes Mr ganof I'm going to vote Yes but I do want to put on the record that I have concerns about the number of lanes for the exit and the entrance ramp and how it's it's not consistent with other Whole Foods whether they're downtown other supermarkets in the area the Publix on biscane Boulevard the Publix in Sunset Harbor the Trader Joe's on West Avenue and The Fresh Market in Sunset Harbor um Miss Miss Lon yes and Mr needlman yes motion passes okay thank you so much it's a pleasure to see everyone again all right we're going to take an half an hour break for lunch we'll be back at 2 o'clock [Music] e [Music] oh [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] is High take [Music] High [Music] me a [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] n n [Music] [Music] [Music] [Music] n [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] e [Music] [Music] [Music] my it me [Music] High me [Music] [Music] see [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] la [Music] [Music] [Music] e [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] please stand by we are going on air in 5 4 three the applicant two one right there okay welcome back are you the applicant for the next item okay great sorry for your sorry thank you for indulging us in our little delay here um okay so we are on uh planning board file 23635 976 West 41st Street uh use project office project on page P 121 of your packets this application is requesting a conditional use permit for a neighborhood impact structure for the construction of a seven story mixed used Neighborhood Impact building over 50,000 Square ft okay so okay so this is a an application for a new seven story structure it'll be uh um primarily an office building however it will have a retail and restaurant component on the ground floor uh none of the restaurants rise to the level of a neighborhood impact establishment these are smaller uh restaurant uh establishments um the site is located on the Block fronting 41st Street uh and Alton Road um and it includes um I believe it's three three Parcels that'll be developed um and they will have their vehicular access will be from the rear via an alley uh and then it'll have pedestrian access from the corner of Alton Road in 41st Street primarily and pedestrians will walk up to sort of an open Plaza area where they will be able to access the the lobby for the offices and the the restaurant establishments um for parking they do have uh three levels of parking um it the parking uh being provided does exceed the the minimum parking requirements um I believe the the parking requirement I believe is for um I believe they have 117 Street off street parking spaces um the the project does have uh a rooftop that would be accessible to the office tenants um staff has incorporated conditions into the draft order um to ensure that the rooftop is not used for any commercial uses and that there is no uh use of that that would impact the the residences that are nearby um the the rear of the property um that's adjacent to the alley across the alley there is a uh a residential district um that does have apartment buildings and then beyond that there is there is a single family area and then uh to the South is also the parking lot uh for St Patrick's uh church and so uh in order to minimize the impacts to those establishments we have included conditions regarding a Prohibition on any entertainment on the rooftop um the the um as it is an office building this use is consistent with what's allowed in the 41st Street Corridor so we really have no major issues there uh from a scale perspective across the street uh to the West you have the talmudic university and that's adjacent to a new project that's currently being developed it's a residential building and so the scale of this development would be consistent and compatible with the scale of those developments as well as with office developments that are further east along 41st Street um so staff um does recommend that the planning board uh approve the uh proposal subject to the conditions in the attached draft order thank you IO sir all yours good afternoon for the record my name is Ira Giller I'm the uh uh president of the general partnership uh Gateway Associates that owns the the three Parcels I'm also the architect of record through my firm Giller and Giller and uh having sat on land use boards in the city in the past being late in the day I'm going to get be very short to the point why this project this project is uh it's very timely for this project now as 41st Street I think is on the cusp of a transition the city has uh come up with money for redoing the entire streetcape uh for six years the mayor's Blue Ribbon committee excuse me has worked to bring about some improvements we've now established a business improvement district of which I'm the president it consists of the all the property owners on 45 First Street that have come together for a vision for the future and uh we're ready to move ahead this project along with the city project I think will be a major Catalyst to be to begin that turn in this part of the city uh the proposed project is going to be a Class A office building the first four will consist of uh restaurants and uh retail I think one of the things that 41st Street is missing or several new restaurants we need to uh develop a good solid group of neighborhood restaurants and we could use a couple more high-end restaurants uh we haven't had the forge for two years I'd like to get another high-end restaurant on the street we have a a couple of good restaurants as well that really need supplementing and I think uh they can feed on each other so you've had an opportunity to look at the plans before you I can go through them rather quickly and point out some Salient features but I'm sure you've got some questions and given the late hour uh we could get right on to that um how do I uh start there we go okay so the project consists of the circle uh at 41st in Alton the entire block is zoned CD3 I've been in communication with the uh owner of of all of the other properties there one single owner Mr himoff and family uh and there the other adjacent four-story office building and uh himoff is looking at his property to begin the development process as well uh we think this could be a great anchor for this end of the street and be the Catalyst moving as I say farther down the street uh I've designed this project so that I'm not looking for uh I've been doing this for over 50 years I'm not looking for a lot of variances a lot of stretching a lot of big Development I've said let me win the rules develop a project for my family uh that will become another Legacy and be across the street from uh the the Gilmore building itself so that's the way I've approached it in the zoning analysis setbacks everything is all in Conformity on the parking account I needed 100 parking spaces by calculation I've provided 117 parking spaces they parking is a premium in 41st Street as well as the rest of the city if we can provide more parking so much the better uh the uh package has the the project is within the the F allowed for the properties and the plan these are the adjacent properties I'll develop it on the curve on 41st Street this is the site plan and uh you can see the uh the rooftop uh in the center some of the parking spaces will be open to the sky on the south and the building actually steps back from the south property line uh that's currently occupied by one-story store building uh to the east the building will abut the existing four-story office building and Rise three stories above that all of the existing one-story building of course will be demolished so here's the first floor I've got Provisions right now for two restaurants uh and the rest being retail I've got loading in the rear off the alley I've got access to the parking Through the Alley and a ramp up to the second level uh which you can see here parking on levels two three and four and then the office four is five six and seven I've got a central carer and a link for a very unusual shaped uh uh building and office FL plate as well my ideal goal would be to get some family uh U businesses to come in and take space 10,000 square feet on the floor 5,000 square feet divided into two spaces and uh uh I I think there's a market for that in the first class office space now because of the proximity of of this building to uh the interstate uh to avoid a lot of the traffic that we have on the streets in the beach uh I think the the time is right right for for this project the uh rooftop would be developed for a a rooftop garden that the tenants in the building could would be able to use uh and I will enclose on the on the street front the the parking garage itself with a glass Mosaic similar to the the Giller building and really what I want to do is book end the entry to 41st Street so I'll pick up the glass mosaic tile the plans have developed further with the design of the glass Mosaic from what you see here and it will go before the design review board uh I believe at the May meeting for the for their review I think it would makes a a very iconic entry to 41st Street and it ties the the two old Giller building and the new Giller building together I'm very excited to move this project forward um the whole building itself is raised up on a platform uh actually you can see it here in the section I've raised the whole first four up four feet above bton Road in 41st Street now I'm anticipating that uh with the seing level rise eventually 41st Street and Alton Road are going to be raised two feet this will give me a 4 foot free board so I have more than enough to ride into the future in anticipating those issues and I've responded uh accordingly um couple of views that you see in your packet uh various positions and you get a sense of the aerial development and the balance of the block that in a nutshell is uh is the presentation uh I would comment on the uh the staff review and recommendations and the draft uh the draft order I had a couple of comments that I wanted to make uh changes to let me get to those um you talking about the conditions the conditions yes okay just direct us to which one pardon me just direct us to which condition yes okay on the conditions the following conditions apply on item three under three H uh I agree with the commercial uses on the rooftop are prohibited but the next item I the use of the rooftop shall be limited to building tenants and their invited guests rather than office and Retail because I'll have a restaurant on the first FL I want to be able to use that restaurant to I'm sorry I'm sorry where are you I see the I see the the rooftop commercial use is prohibited what's item three I limited office okay and what do you want to change that to uh instead of the word office and Retail tenants I want to insert building tenants I so you're saying you want a restaurant to be able to operate up there I don't want the restaurant to operate up there but I do want the restaurant on the first four to be able to provide uh catering of food for an event that one of the building tenants may have a board a board Gathering a cocktail party or something on the roof and I'm concerned that if the language is interpreted too narrow then that restaurant couldn't provide that food so and I would agree to the fact that there would be no restaurant operation on the roof well either way entertainment is prohibited so I think pardon me entertainment shall be prohibited on the rooftop so I don't think there's any I don't have a problem with that I guess I'm just wondering if that's NE I mean to me it it it's goes without saying that if they want to get if the office and Retail tenants want to have a you know gathering on the roof if they want to have it catered by the restaurant at the bottom I don't see an issue with that I um I just wouldn't want to make it too broad to be construed uh so that the restaurant could host events up there if that makes sense I agree that's the intent um and then uh I had another comment on the uh on the next page on item 10 uh uh e the garage shall be in operation 24 hours per day seven days a week or at the least uh whenever the businesses are open there may be times where we do want to close the garage we won't have any activity from midnight till 8:00 am. the next morning and I think it's healthy for everybody to have the garage closed rather than have it open 24 hours a day are you planning on have having it open to the public the garage open to the public for the people going to the building right I guess but can you know if I'm you know going to the other uh you know building across the street where my orthodon happens to be uh I may I may have that open because I have the building across the street as well right I guess that's what I'm saying I want that flexibility yes well but I'm saying so I go in and I take a ticket and I would have to get validated by that office right or I'd have to pay a fee right and so if I go in and take a ticket at seven o'clock and I want to leave at midnight and I didn't get validated I'm gonna have to pay a higher fee I imagine similar to the concept that we had we just talked I haven't even thought that through all I all I envisioned was that at midnight when the when the restaurant is restaurants are closed the offices are closed the retail is closed for security I'd like to lock the garage and not have it operating 24 hours right and I guess I'm curious from staff what's the purpose of requiring it to be open typically uh Office Buildings are available to their attendants 24 hours a day so if there's somebody working late one night they should be able to park in that garage and be able to leave the garage that was our our major concern and there could be you know carded access 24 hours a day but I don't want to be obligated to have it open 24 hour I I so I don't think this means that it has to be open to the public 24 hours a day but but there does need to be uh the ability to exit 24 hours a day or access an office tenant needs to go in late we don't want them to have to park then in the in the adjacent residential area we want them to be able to go right into the building are you looking to try to have um valet parking or something like that for if you have a restaurant although the restaurant may want to do valet parking within the garage but the the premise of the garage operation is not on valet St would a restaurant tenant come back before us only if it's a neighborhood impact establishment and and the way it looks right now none of them will we'll get to that level okay so it' be carded access for for tenants in your building okay yes and of course the public attending they would take the ticket and pay the fee or whatever all right as per usual I'm going to open it up to public comment is are you here for this item yeah okay supporting okay public comments all right anybody on zoom and before we open to the public do any board members have any disclosure any disclosures anybody no no no no okay anyone on Zoom no I don't see any hands raised on Zoom yet okay close the public hearing uh board any questions okay you w hi Mr G thank you for the presentation I'm actually really supportive of this use along 41st Street I think offices a great use it is uh it is zoned for that the highest density actually um or intensity CD3 my question though is about the bike parking u i see in the in the plans that there's long-term parking which is more geared towards the tenants of the building I don't see on the site plan though the short-term parking which is more for public use people who are going to the retail or visiting I would anticipate setting up a bik rack on the on my raise Plaza for the four bicycles that have been requested for short term and of course I have a full room assign for the bikes on the uh on the third level and do you anticipate the longer term U commuters who are biking would they be going up the ramp or they have an access to elevator they'll have access through the elevator or the ramp either way thank you did you have any other uh are you okay with all the other Provisions or were there yes okay yes and the parking entrance is going to be on the back of the building yes so that's not there's no like yeah in the alley okay right um okay so we have no impact coming out on 41st or Alon and uh Scott so along those lines I mean you all that activity the back of house is in the app way but it does border on the apartment building there so question for staff um you know you mentioned that there are staff has recommended hours for trash pickups and you also um state that um staff has recommended conditions to limit off peak um loading um in other words hours but I didn't see that anywhere in the report is it consistent with what what you would recommended for the last project where is I I believe the operating where is it 10g plan I it's it's different because the with the other applicant they had requested the early morning produce needs to get on the shelves before the day starts we didn't we didn't see a need to have the super early morning uh loading so here it starts at 9:30 we don't have any any loading happening before 9:30 is it in the order in our yes it's at 10g oh here it is okay yeah okay I see um one other just a a thing that I'd like to add to the conditions um concerning the rooftop I know it's limited to or no commercial uses no entertainment but one thing um I I'd like to put in there is no special event permits issued for that because a lot of times when a special event permit is issued it sort of seems to give the the person I think it gives them the right to just play music loud and and really do everything they're not supposed to do so um I you understand what he's saying I understand what you're saying I in the normal course of the tenants using the space I don't think that creates a special event no no I'm so I have no no there there's no there's something called a special event permit where like on a high impact weekend you could go get a permit he just doesn't want you to do that is that one of your office I have no problem with that yeah one of your office tenants may want to have a big part and have it catered and have a you know all sorts of activity a special event I don't mind having having that prohibition and I certainly don't want to have blasting is Staff as a point of Education um paragraph 3j says entertainment shall be prohibited on the rooftop if you have a cup but then someone gets a uh special events permit does that supersede that the special events permit can supersede that unless there's an outright prohibition on special EV all right so you're good with that prohibition about special events okay great so we'll add that we'll make that a k okay so no special event permits a few questions um so safe to say that the parking on site would be limited to uh tenants of office retail restaurant for Giller building and the Giller Tower yes is that is that what it's going to be exclusive to understood um so right now the tenants there really serve a great kind of use and purpose for the mid Beach corridor so thank you for that and that tendency so is the anticipation that with the current configuration of the two uh restaurant Bays that you'd be able to kind of mimic I guess what you currently have there or how does the sizing shake out I haven't gone into any leasing as yet I don't mean I don't mean with specific tenants I just mean generally right now I I I estimated I I set aside about 4,000 square feet for uh for for restaurants interior space plus they could have tables and chairs out on the raised Plaza and that doesn't include anything on the sidewalk sure that was the next question so that there will be able to be kind of the seating on the Plaza for those want to activate it and keep keep some vibrancy of people on the street so so the two restaurant Bays that you have right now in your property how does it shake out with the square footage like what are those two restaurants at um they're probably slightly less than 4,000 square ft okay okay so you'll be able to increase it increase and certainly I'm looking for as I said one high-end restaurant it's going to be great for the block what you have there now is is is all we have and it's great um in terms of uh the sidewalk seating that'll all be covered in the plaza right so yes it be on my property if they still want to rent space on the public sidewalk uh they could do that as well got it um okay I think we should call it the Gateway Elizabeth put your mic they answered all my questions okay or asked them already anything else someone want to move it I'll make a motion to approve uh with the following modifications um to uh make modification to cup 3i use of the roof rooftop shall be limited to Office restaurant and retail tenants and invited guests uh introduce letter K uh prohibiting applications for special event permit uh and uh for E I would say the garage shall be in operation 24 hours per day 7 days a week um but staff what kind of language would you want to include that guess would perhaps for for tenant access only the garage shall be in operation 24 hours per day seven days a week uh for tenant access access no only tenant access yes for tenant access uh and I'd also want to say that uh the parking should be exclusive to tenants of uh the Giller Tower in the Giller building why my concern is having people from off the street going in there and parking and then creating some type of backlog for actual tenants of his building well that he I feel like that's a he'll fix that issue with adjusting the pricing but if he has he's got extra parking spaces you want to be able to we'll strike it no problem good good advocacy relieve parking issues all right we're striking that is that it okay Jonathan since he agreed with you you can second it the least can all right we got a second oh and and it has to be called the Giller Gateway still up in the air as to what the they access and this is getting past because of the support of your friend back there you can thank him take him to dinner do you have any idea of timing what you're looking at I'm anticipating that we'll be I should have a building permit by the end of the year and start construction with the new year and and are you going to relocate the tenants you have now or they just no but I sat down with them four months ago and said said I'm filing this it's coming you got a lot of notice here so uh start planning okay I'm not throwing you out tomorrow I'm giving you the better part of a of a year to make other arrangements okay thank you roll call Ro Helio oh Nick yeah I just have a on the on the garage condition on 10 e um are you looking to are you looking to say that tenants shall have access to the garage 24 hours a day 7 days a week is that the idea yeah yeah just yeah just tenants okay so that if someone's working late they have way to get in and got it okay yeah motion by Mr cement second by Mr freden and I'll do a roll call uh Miss spey is absent Mr cement yes Mr Elias yes Mr Mr freden yes Mr ganof yes M lone yes Mr needlman yes motion passes thank you appreciate it congratulations luck forward to it tell you a super quick story you had the case before with uh uh the the Whole Foods yeah I sat on the board of adjustment and when the bank went in and we set up the barrier landscaping and walls from the parking lot to the apartment building that was there and then they said it in the presentation that was in the mid 80s I said that was 40 years ago yeah age me quick thank you appreciate it so way roll thank you have a good day okay we're on to uh code amendments next is item 10 planning more file 24653 conformed to state law the fire schedule for violations of prohibition of commercial uses in single family districts okay so this is uh an ordinance Amendment um regarding um P 141 excuse me I'm losing my voice today okay so this this uh ordinance amends the fines which are set forth in section 7222 of the resiliency code um which is which are fines that are issued um for commercial uses in single family districts um there was a recently a challenge to the city's fine structure saying that it was inconsistent with the requirements for fines in in state law and so this ordinance simply changes those fines so that they are consistent with what's provided for in state law um so that's that's really the what the change does um and with that staff recommends that the planning board transmit the ordinance to the city commission with a favorable recommendation and and if I could just add U for some additional background is is the the amounts in this ordinance so starting at at page 146 of your book these are the maximum uh fines that can be imposed for for code enforcement violations under state law so what's what's before you are the maximum amounts that that the city can impose this is for short-term rentals as well uh a sim a a similar ordinance was already adopted um for the short-term rental of of of residential property so this this one relates to commercial use of single family homes this if you're running a business out of your home or using anyone on Zoom uh no hands are raised on zo I didn't think so okay seems like a pretty no-brainer any questions or someone want to move it motion to approve the favorable recommendation second okay motion by Mr cement second by Mr freden roll call uh Mr cement yes Mr Elias yes Mr freden yes Mr ganof yes Miss lone yes Mr needleman yes motion passes all right moving right along item number 11 planning VI planning board file 24655 alcohol hours of sale rm3 District ocean R properties between 53rd Street and 72nd Street okay soab neighborhood this is um um an amendment which would limit the uh the hours of outdoor sale of alcohol uh to 12 am for properties in the rm3 district that are located on the east side of Collins Avenue from 53rd Street to 72nd Street it's known in this ordinance is uh it's identified as the upper Collins Avenue uh uh area and uh this this cuto off would apply to both new and existing establishments um and the uh the ordinance does contain any provisions to determine any vested rights for the existing establishments it does not impact any indoor alcohol sales so those can continue to operate as they have uh this is uh similar to previous ordinances that we've had come before this board over the last several months that relate to the sale of alcohol and and alcohol hours um it's intended to ensure there's a lot of residential buildings in this in this area and it's intended to ensure that those outdoor sales uh do not create any nuisances that could negatively impact those residences um so it's it's seen as as helping to preserve the quality of life um so with that staff recommends that the planning board transmit the ordinance to the city commission with a favorable recommendation thanks anyone on Zoom uh we have no hands raised on Zoom okay ma'am you're not here for this are you okay just making sure okay um Elizabeth go ahead I just have a question regarding uh outdoor accessory uses and the 8 o00 to 8 800m to 8: a cut off time how that would impact that particular ordinance in our code are you referring to the outdoor bar counters so those are those are still required to be closed um however the sale can occur indoor and they can be brought you know you can order your drink somebody can go inside get the drink and bring it to you outside um so that would affect that type of of a sale they wouldn't be able to go inside and bring the drink Outdoors to you after midnight but they could still do it between 8:00 p.m. and 8:00 a.m. there's access use the that's for out accessory outdoor bar counters that is that is just the counter itself the counter has to close at 8:00 p.m. that's that is not this does not change that in any way shape or form thank you um this affects I'm I'm sitting outside I order a drink someone then goes inside gets the drink and brings it outside that cannot happen after midnight if this ordinance passes brother what does this mean um this line you mentioned the 1200 a.m. cut off blah blah blah BL and the ordinance contains a provision for the determination of any vested rights for existing establishments I can respond to that so um you may recall over the last couple years City commission has referred a number of of alcohol ordinances um to this board and in in all of our alcohol legislation we've Incorporated a vested rights procedure for property owners specifically for property owners that have a land use board approval or other approval from the city that that they claim uh entitles them to serve alcohol hours beyond what the code allows so we've created a process to to review and adjudicate those claims so far under why do they argue it's a taking or something right and it was an issue that came up in the Clevelander litigation so we so we want to get ahead of it um moving forward is to anyone it's really just anyone who has a board order and and really you know a cup right um and and so far no claims have been filed under any of our alcohol ordinances but we are including it in every single one okay and the current time what what is the current restriction 2 a.m. I don't believe there is a restriction now in this area so this is kind of memorializing it will be midnight right got it okay all right could we make an amendment to 11 because if you're in a residential neighborhood which this is hold on just so you understand how it works um we this isn't an ordinance that we're passing all we're going to do is recommend so what we do is we pass it with a favorable recommendation and then if you feel strongly it should be 11 then we do a separate motion suggesting that just so you yeah thank you because we're not we're not passing or we're just recommending thank you um so keep that in mind for a second motion does anybody have any questions or comments yes I do have a question so the uh this is only the east of Collins Avenue and west of Collins are different zoning districts M now do those zoning districts west of like immediately west of Collins do they have different hours of operation through outdoor alcohol cells they they are in the rm2 district so there are some uh some non-conforming establishments that are there um but they they um do not have accessory um alcoholic beverage establishments as in allowable use okay and then further north which is I'm looking at the map looks like it's cd2 m do they have accessory outdoor or or or non acccessory outdoor alcohol they they could get um they um they they could have an accessory outdoor space okay I'm just I'm trying to wrap my head around why why it's only being recommended or why it is being recommended east of Collins but not west of Collins if there's um so the residential district West of Collins I think is you know their their regulations are you don't you don't have too many of these types of establishments there whereas arm 3 district has accessory uh a longer list of of allowable accessory uses and um so it is a permitted use in the rm3 district and so there's a greater need to to regulate these uses in the rm3 district for the commercial districts um we have other regulations um um usually these types of establishments would would rise to a neighborhood impact establishment they'd have to come before the board in that regard um but in this case if it's an accessory to a hotel and they they serve alcohol Outdoors at the hotel that would be an allowable use they wouldn't have to come to the planning board for that okay but there have been situations where it's been problematic which is why it's in front of us now yes okay anything else I can move it favorably motion to approve with a favorable recommendation I'll second okay nobody online uh okay so we have a motion by Mr cement second by Miss Lon uh roll call Mr cement yes Mr Elias yes Mr freden yes Mr ganof yes Mr Lon yes Mr needleman yes motion passes okay is there an appetite with the rest of the board um Elizabeth suggest we recommend that it' be reduced to 11 or are you all happy with midnight just any thoughts it's a residential I mean we're it's residential I mean I'd have to know how many places were impacting you know what just off off the cuff I don't there are in in this particular neighborhood and Below it's it takes up about a third of mid Beach also um I know from around the 63rd there's 4,000 in some OD residents okay um which is a lot um I don't know how many bars I I don't have that number I think what maybe one two Normans uh The Sandbar there's I don't think there's anything else that I'm aware of two or three yeah not a whole lot that are there's nothing else so that's preventative does staff have an opinion one way or the other um our our recommendation is the ordinance that's before you but you know we're we're okay with any other recommendations that you feel should be transmitted to the city commission all right I wouldn't object to that Elizabeth okay thank you well all right so what what will happen you'll make a motion to suggest the committee the commission consider making it 11 and then we'll see if we have a vote for it I'd like to make a motion put your mic sorry I'd like to make a motion that we transfer this or transmit this favorably with to see if there's any appetite for the commission to make a 11:00 Amendment as opposed to making it 12 so yeah maybe a recommendation to modify the hour to 11 p.m. thank you is there a second all right the motion fails we'll leave it as it is thank you it's okay all right um Al righty we're on to planning Bo file number 12 planning board file 23644 residential uses I guess these are companion these are companion items okay so planning board file you want to do one by one 23644 residential uses comprehensive plan Amendment first yeah well we can we can describe them together they're they're pretty much uh all right the other's a Land Development regulation so go ahead okay so th this item actually uh excuse me came before the the planning board um on January 30th so two months ago um the planning board referred the ordinance to the city commission with a with a favorable recommendation um and they did recommend uh um several other modifications to the ordinance um when the city commission received the ordinance um there had just been um another ordinance that had been reviewed by the planning board which modified the process for any amendments that would affect F that would increase F so it got so this amendment got cut up caught up in that process so now when an amendment uh affects F there has to be um two two uh two votes at the planning board with a workshop public Workshop that happens in between those two votes and then there has to be a workshop in between first and second reading of the city commission so there's this new process that that this ordinance got cut up in so it got re-referred to the planning board uh to take into account this new process that that must be followed for any amendment that affects f as part of the review and as part of that F process there has to be a review um a more significant review on the impact of the infrastructure um so really the ordinance that's before you is the same exact Ord that was reviewed in January of this year however you will note in our staff report there is additional um analysis on the infrastructure impacts that were not provided at the at the January meeting um so what this ordinance does for for the benefit of our of our new members is it creates an incentive to encourage uh residential uses in some of the residential districts that currently allow um for hotel uses um or in some areas where there are legally non-conforming hotels it's an incentive to encourage those hotels to convert to a residential use and so the first thing this ordinance does um is it creates a process for eligible development the definition of things that eligible development must um um must must do and so that is to agree that lodging uses must convert to residential uses and that they will prohibit any uh lodging uses in the future Pro uh agree that they will prohibit the conversion and existing short term rentals uh voluntarily prohibit those uses um agree to provide a a covenant saying as such that they will not have any rentals less than six months in a day um and that there will be no transient uses and if it is located in a historic district they have to agree to go to through a certificate of appropriateness process uh in order to Avail themselves of any of the incentives that are provided for in the ordinance um and it ensures that there be no variances from these provisions um so that's the general rule that applies to all of the areas that obtain this incentive then for the incentive areas there are three different areas that this ordinance describes the first is the mid Beach rm2 rm3 area um that includes the area located on uh on Collins Avenue between 47th Street and 63rd Street uh some of that district is located with the within the Morris Lapidus mid 20th century historic district and the North Beach Resort District in addition to the bath Club Historic Site which is an individually designated site um for this area uh for those sites that are located in the arm2 district um the uh ordinance would increase the F to 2.3 from the current 2.0 um increases the height limit uh to 75 ft out of side of the historic district currently the height limit is 60 feet and then within the historic district it increases the uh the height limit from uh um from 50 feet to 65 ft and uh uh 65 fet and then then changes it from 65t to 80 feet for properties that are located outside of a historic district um that have a ground level consisting of non-habitable parking or amenity uses so it it provides a little bit of extra F not a whole lot of extra F it's about 15% increase and then a little bit of extra height um for developments that that that uh forego the transient uses um in the rm3 district um it changes the the F for Lots less than 45,000 ft it increases the F from from 2.25 to 2.6 for Lots greater than 45,000 ft it increases the F from 2.75 to 3.2 and then from Ocean for ocean front Lots uh that are greater than 45,000 square feet it increases the fvr from 3.0 to 3.5 and again it provides a little bit of extra height uh between 20 and and uh and 30 ft of extra height um for the South Beach rps4 District um it increases the uh the F from 2.0 to 2.25 and it increases the height from 100 ft to 115 ft so generally these this ordinance is providing you between one or two extra stories and a little bit of extra f for the West Avenue Bayfront overlay um this ordinance only applies to properties that have legally non-conforming hotels apartment hotels Suite Hotels and hosts we believe there's about 13 7 to 14 properties that that could uh fit into this definition um um and so for the for properties that are in the rm1 district it increases the F from 1 um from 1.25 to 1.6 um the height goes from 50 to 65 feet um this represents an increase in F of about 28% for the rm2 district it increases the F to 2.5 from the current which is 2.0 um and it allows for approximately an extra two feet two stories um so the height for non- ocean front Lots would go from 60 feet to 75 ft for Lots fronting biscane Bay that are less than 45,000 square feet it goes from 100 feet to 125 and for Lots running biscan Bay over 45,000 feet it goes from 140 to 165 ft um we then looked at the uh so that's what the ordinance does we then looked at the potential infrastructure impacts um this ordinance does not affect the maximum density the maximum density Remains the Same so technically you can't build any more units than what you can build today however because you have a little bit of extra F there were some properties that previously could not have achieved the maximum allowable density that might be able to get there um so for example in the arm1 district the density is 60 units an acre arm two it's 100 units an acre arm three it's 150 units an acre now you can actually achieve that maximum density where before the F might have prohibited you prevented you from getting there so in our analysis of the infrastructure we assumed that properties wouldn't have been able to achieve their maximum density some properties and now they can and we looked at that extra amount of units that could be developed um based on that difference so in the rm2 rm3 area you could potentially have 174 extra residential units from what you can build today um that could increase the population by about 435 people it could potentially increase traffic by 115 peak hour trips um and it would require it could could potentially increase water consumption by 67,000 gallons per day sewer by 6,912 gallons per day um and 555 tons of solid waste collection per year um the traffic we feel will not have a Major Impact um um and there there will likely be needed improvements to the water and sanitary sewer system because this is an areawide amendment it's very difficult to determine the specific impacts but that is done as every building permit comes forward they have to determine if the pipes need to be widened if there needs to be improvements to the pumping system and that happens really on a case-by casee basis this is a perspective ordinance um what we can tell you is there will be improvements needed we can't tell you the exact improvements until actual developments um come forward and and actually take advantage of these incentives should they should they should people actually use them uh for the rps4 district there's a potential in increase of 34 residential units um that represents 84 additional people 26 extra vehicle peak hour vehicle trips uh 13,000 gallons of portable water 11,000 gallons of sanitary sewer consumption and7 tons of uh solid waste collection per year um again similar the traffic should be should be a negligible impact um water and sewer again there's likely going to need to be improvements made um um but those specifics have to happen at the at the building permit phase um for West Avenue Bayfront overlay um potential increase of 155 residential units this one um even though it only affects 15 properties this difference is as a result of Hotel units disappearing and becoming residential units um um so there would be an increase of 155 residential units but it would result in a reduction of 165 transient units which is what we think is there today um the population increase would be about 306 people um however the traffic impact would be zero peak hour trips um because it would be a wash because you would be replacing more Hotel units with fewer residential units um there would be an increase in portable water consumption of 48,000 gallons per day increase in sanitary sewer transmission with 42,000 gallons per day because it assumes that there are more people in a residential unit using it regularly than what use a hotel room um and also more more solid waste collection because someone that lives in their unit generates more garbage than someone in a hotel um so summary of impacts the total uh uh ordinance could result in an extra 363 residential units population increase of 125 people Potential from what's allowed today so there might be a smaller building that today could rebuild and provide more units so this is comparing what's allowed today to what could be allowed um total 129 extra gallons of pable water consumption and potential 115 gallons of sanitary sewer and potential of 1,52 tons of solid waste collection per year we looked at our water supply plans and Waters coordinated with Dave County and uh the south Florida Water Management District and our our water supply projections project that our population will be increasing at a much faster rate than it actually is so there is sufficient water supply to be able to accommodate this extra population growth um there is sufficient sewer capacity but again infrastructure improvements for these specific developments will likely be necessary and those developers um will have to coordinate with the city to either pay for those improvements or or if there's already a plan in place that's happening to make that Improvement uh work with the city to make those things happen so um with that um what staff recommends happens is that the planning board uh continue review this continue the proposed ordinance to the May 28th planning board meeting within that time frame we will have a public Workshop um I believe that'll be scheduled for late April um where the public will be able to review this information and provide any comments and feedback um and then uh come back to the planning board for the formal transmittal hearing on May 28th okay anyone on Zoom to speak on this we have no hands raised on Zoom okay close the public hearing so you so bottom line is we're going to we're going to move this to to May correct the public Workshop will be April I believe actually they may have scheduled it last night let me yeah if you could give us details on that yeah give me one second who runs that who runs those workshops um so it'll it'll be Michael belouch will be there for the planning department but the Communications Department kind of organizes the space and the does the commission attend that they're allowed to attend if they if they'd like to yep and and the point of the public Workshop is to give the planning department more information to um any information on public concerns um somebody who can't make it'll happen in the evening so somebody who can't make it to the planning board meeting um will be able to provide us that feedback and then could that and then could those comments be incorporated into a revised ordinance potentially um or we will present them to the planning board and perhaps you the planning board can make additional recommendations based on the feedback that we received all right so what do you want us to discuss what what any of us currently think you should be considering correct okay um Scott uh just just a couple of clarifications excuse me one second I'm sorry I interrupted you were going to give us a date of the the one second Scott sorry it's going to be uh a zoom webinar the community meeting and it'll take place on April 23rd at 6:30 p.m. um and and the city will be sending out um uh notification through the constant contact UM of the meeting and and with the zoom link and who does that go to all residents it'll go to any Resident who's signed up for for Constant Contact which is okay probably the majority of residents at this point it's Passover apparently oh that's Passover what's the date April 23rd yep yeah they may want to reconsider that okay well I'll I'll bring that up that we may want to move the date all right Scott sorry go ahead uh just to clarify if any um property wants to take advantage of the the um increase in F they would have to completely um forfeit any right they have to short-term rental Hotel anything and that would be 100% of the the building or proper correct okay um one other um I guess um clarification um and I maybe before I was on the planning board maybe they addressed it but accessory uses um what I what I wouldn't want to see is somebody saying okay we're going to um convert the in other words using that F I'd like like them to use that f for residential M um with the way this is drafted now can they use that um let's say they convert a hotel to residential but add or take that extra F and maybe add a like a restaurant or something is that possible under in the so these are all residential districts rm1 rm2 uh that would not be possible in the rm3 and rps4 districts they could potentially add an accessory restaurant um but there are limits to to the amount of square footage that you can have for accessory uses I believe um in the resiliency code I believe we limit it to 25% of the floor area so the majority of the building will have to be residential but they can have a limited accessory but an rm1 and two that's they would not be able to okay that's it thank you Rio would this lead to more residential units that would otherwise be uh permitted to build under the existing F and height um Tech technically no because the density stays the same um so we're not increasing the the allowable density but we do think that if you if you do increase the density people that could previously not achieve that maximum density can will now be able to achieve it so it will we do think it it technically will result in in additional units but the the trend has been to larger units larger average size so what you might get is a project that other wise might be contemplated now with more height more F more massing but the intent of this is to incentivize more people to live here but not more people MH so I'm I'm a little uneasy about it is we just might get larger units you don't so you're what you're saying you don't want it to be uh a third home for somebody you want it to be somebody that's actually living there I think that would be the the intent or yeah at least that's how I would like to is to encourage development that wouldn't otherwise be possible again they get more development rights than would otherwise be permitted there's no provision in there though right maximum average size or or anything along those lines no no we do have other incentives um to encourage people to develop Workforce uh housing but there's no there's no limit they can make the the units as large as they'd like okay thank you Jonathan um I'm in favor of this I wish the commission would brainstorm and consider how to increase this kind of Citywide just trying to figure out how to you know cut down the short-term uh rentals and increase our residential stock people to be able to live on the beach versus all the people that are moving out Elizabeth I'm in yeah I am as well so do we need to do we need to file uh make a motion to move this to May um yes we would need a motion to continue to the May meeting all right so there's no urgency at the commission level there's a there's now um a cycle that ordinances have to follow um so this um would go to the city commission um so this would go I believe in their June meeting is when it would be scheduled to go long as we hear it by May yeah okay all right someone want to move it to May I'll make a motion to continue the proposed ordinances to the May 28th 2024 planning board meeting second all in favor anyone opposed okay so pass by acclimation all right um question I you know I think every month that we're supposed to have a presentation on these residential uses in Marinas is is that still happening today I have I I do not think that they wish to present to the planning board anymore this the the committee oh they don't um I think they're working directly with one of the commissioner offices and so so um if if the board wants to have that dis the discussion um I think the board should proceed without the expectation of a presentation at this point um okay I I thought well I I personally don't but I think what uh commissioner Suarez brought up last meeting yeah should probably take care of a lot of this yeah yeah and and I'm sure you'll be seeing more referrals on on issues related to this and I think that's why um they they don't feel the need to present at this time all right we'll pass on that office incentives I wanted to discuss that one yes so you have the floor sir oh sorry rolia um so we we just prepared a a brief um report identifying the uh incentives that have been adopted since um really I think 2021 this really came about during the pandemic when we started seeing um a lot of companies moving into South Florida uh from from other states and uh and and so the city as a way to capitalize on these companies coming here uh sought to incentivize Class A office space uh by creating various incentives primarily being a little bit of extra height um to allow the extra floor to ceiling height that these Class A office spaces typically uh need and so uh the city has adopted a series of of ordinances to accomplish that uh starting with um the first one in 2021 for Sunset Harbor uh there was another one for Alton Road modifications to Sunset Harbor uh one for the cps2 district which is on Fifth Street um uh another one for uh Office Buildings in the CD3 District on on Washington Avenue and so we've seen a lot of these projects uh come before the board um um and so we I put a list uh there's been one two three three four five six office buildings that have been approved by this board one of them in Sunset Harbor is currently under construction um others are are in various stages of the permitting process and some are beginning the site prep uh to move forward and so um it's it's been successful these incentives have been successful at at encouraging this office development and um and that's it I leave the rest of the discussion up to the board to to where where you want to take us and I I don't know the appetite for anyone else to discuss it but I guess my request would be the same way that the city came up with these incentives for kind of office expansion throughout the city how could the city come up with similar residential incentives again to try and encourage and incentivize same thing you've heard me annoyingly discuss trying to get people back to living on Miami Beach uh if we in my opinion the vast majority of the traffic that we see is from people that live elsewhere but come onto the beach and they're leaving which is why we see kind of those you know Rush Hour uh you know peaks of traffic my hope is that if people could begin living on the beach you'd see a lot of those cars getting off the streets and kind of removed from the main arteries throughout this throughout the city so I throw that back back to you know the city how how can we do that what's the process so I well I think the the ordinance that we just discussed is is is one of the ways that that can happen I think that's a that's sure but that that's you know like the I mean based on your analysis you're talking about possibly bringing 400 people back to the city of May beach if you look at the Sens Census Data I think the city has lost close to is it close to 10,000 that's right um so the city has lost 10,000 residents and traffic has gone worse right so how do we kind of so the incentives are increase from what's allowed today so it's possible that that a building that doesn't have its maximum density today could could gain a little more residence than than what that ordinance would provide for so that's just something to keep in mind there um but that's those are really the tools that we have available to us um we can certainly look at applying those tools to other areas the state um has recently adopted amendments to the live local act which will likely incentivize um residential more residential development in our in the city's commercial districts and mixed use districts um I don't know if the governor finally signed do you know if the governor finally signed the bill but the amendments to live local no they haven't been signed yet they haven't been signed yet okay if if those are signed those are those will likely result um in in many residential developments coming forward to the city so how can we get a similar I guess incentive package for residential use like in other words who put together the incentives for the office component they were for the most part they were referred by the city commission um we were working with property owners that that had the potential to bring office projects and so we we crafted these regulations to ensure uh that the quality of life was protected that these were actually going to result in office projects and not um other types of projects um in some cases they were perspective the in the case of Alton Road we saw that as an area that made sense to encourage office development so it was a prospective ordinance there was no specific devel vment in mind when that ordinance was was moved forward um and so they they just they came about through the typical process that any ordinance comes to the city comes to the planning board and City commission so it would be kind of conversations with private developers the commission saying hey get together think about what can be done right then you have a commissioner who's willing to sponsor something like that it goes through commission commission I guess would discuss at the land use committee land use committee sends it to planning board board either approves or does not back the commission commission correct they then approve correct got it yeah okay so uh reelio what are some of the items though in the planner toolkit that you could recommend because the office incentives clearly have worked right there are lots of projects in the pipeline and I think there's still some that are going to be in front of us in the future right as well but we just heard right the the residential incentives that were in front of us they are not necessarily going to encourage more residential full-time residential development so what sort of tools can you have and I'll give you an example in my neighborhood rps4 it's I think they're contemplating replacing a hotel with 200 200 uh rooms or keys with maybe 40 residential units uh so clearly there's a lot less people that are going to be in the neighborhood but that doesn't necessarily reach the objectives of a lively Community such as Miami Beach I think the the only way we can um mandate that they be um used in that manner and that you get more units that are going to be people that are living here is by tailoring these incentives to be specific to Workforce or affordable housing okay Workforce housing specifically um I think is the greatest need in the city um and so if if you say that these incentives are to develop housing that will be used for the workforce which we Define as anyone who makes 140% of the area median income um which is approximately how much per year uh I don't have that number it's Chang it changes so much I'd have to I'd have to look it up for you um but I I can get you that number but those who a lot of times people hear Workforce housing they associate it with affordable housing and they get scared yeah it would be but it's not these are professionals teachers fire nurses city planners uh police officers uh you know that that uh but also in the city of May beach you know the Ami is higher than in other cities so it's could be lawyers even yeah right a lot a lot of these developments really shouldn't be handcuffed right because they they can kind of allow the full range of professionals to to live there correct but yeah I mean like Matthew to your point I mean taking 200 rooms converting that into 40 units you know it's kind of like the city is looking at okay so the hotels they have have kind of their room count and now offices are having their day but if you just look at the Census Data you know we're losing the taxpayers right we're losing the people who kind of live here day in and day out they're not seasonal they're not transient which also hurts obviously like the local mom and pop businesses which need you know those res what about tax incentives has any of that been discussed maybe looking at certain areas for tax incentives like how Lincoln Road or Washington Avenue has their own bed maybe you do something similar for certain residential areas for for the most part um bids are an increase in tax you're paying you're paying uh so we we we I guess the city could issue rebates but generally in Florida taxes have to be uniform that's right um yeah no we can only we can only Levy one mill rate so um I think there are certain tax incentives for affordable housing and I know the local act provided Financial incentives but we could not uh the city could not create our own property taxes is that is that something is that something that the county could look at with the state and say look we're losing residents we' need you know how can we work with you to get just incentivize residential development just just um any like Mar I'm sorry office I'm sorry I'm like I'm just trying to think of different you know just think outside of the box a little bit there are I I believe there is a property tax incentive for economic development purposes for um for for commercial development um but anything beyond that we would need to work with our state lobbyists to to get the legislature to to sort of we are a discussion there are there are some other things the city can do um you know if somebody wants to build a 20 unit apartment building can wave permit fees they can wave um drb fees HPB fees they can um so many years without without um you know paying a BTR things like that maybe it's not as much as the amounts aren't as big as other things but there are certain things the city can do we we we our ordinances do wave uh the per square foot drb fee variance fees Mobility fees um we do wave a lot of of fees and that has not really been enough to to move the needle to get these types of developments what kind of um yeah the the land far exceeds the well just real quick instead of getting into all the details but um what kind of development would would apply would would be able to take advantage of of those waivers those they they have to uh have incomes that comply with our definition of Workforce housing which is that is 140% of the area me in income um and they have to be certified by the Community Development Department as as uh complying with those income limits you mean you would um I'm just trying to understand so the the developer building that if you agree to rent to only those people that qualified then those fees would be waved correct okay yeah how about uh zoning or Land Development regulations that would potentially increase the F and the unit count but wouldn't increase the envelope of a building so incentivize more residential units by having for instance maybe a floor to floor a capping the height of the ceilings um capping the amount of parking perhaps as well so the the impact to the build environment to what people see is not the same it's in fact it might be more F but there's not a taller building there's not a bigger building and and perhaps it's not a class a quote unquote Residential Building it's a Class B building which aren't being built anymore uh well hang on is it a well we we're talking about residential here no we're act well the topic was office office but then I'm sorry that's okay but then it went straight to residential yeah so perhaps I'm confused here um but that's my thought you know are those some of the items in the planning plannner toolkit that could incentivize without increas without kind of making the massing of the buildings larger we we used to have in our code uh in addition to a height limit a limit on the number of stories and that was removed and that was seen as an incentive to allow residential developers to be able to fit more floors in um we do have significant parking reductions for Workforce and affordable housing already in the code uh that could that could be increased in some areas of the city uh in the Town Center for North Beach town center there's no parking requirement for Workforce units um everywhere else I believe it's half a space per unit um and plus there's the there's the ability to reduce it by providing bicycle parking and other other incentives that we already have in the code um but f is certainly one that could be could be added to that toolkit um without giving the extra height uh that one could consider we also give uh you're allowed to have a reduced unit size we give a density bonus of 80% for the workforce units um so we we do have a lot of those things the f is really the one tool that we don't uh that we haven't had before because it did require uh previously uh approval by the voters and the city commission just hasn't hasn't uh taken those amendments to the voters uh in the past but now the state has preempted uh our ability to have F referendum and so we have this new F process so maybe there is the potential to to consider these types of incentives uh in the future so Mr Mr chair what is the I'm sorry maybe I took a a wrong turn here sorry on on the discussion are we talking about office or are we talking about residential no the topic was office incentives at at y heal's request and and the reason why I requested it was to say okay what did the city do uh that was successful right obviously there have been quite a few projects approved maybe do we look at scaling that back how do we look at maybe mimicking that on the residential side to try and incentivize an increase in actual residential account which I think we talked about that part at least yeah it's okay yeah so next steps would be really really reaching out to the commission I guess yes okay all righty um and the last so this this item do we want to conclude the discussion or keep it um before the board or just have to talk to the commission I guess see see what their appetite is we include it for now include it for now we can you can always bring it back same for the last item uh conclude the discussion on yeah okay and then the last is repeal of the 0.5 F bonus for hotels in cd2 I don't remember who brought that up okay so that was actually requested by the land use committee last month could have been this actually it was this earlier this month um so the um the land use and sustainability committee had a discussion regarding hotel and transient uses in the city and they were in particular focused on the 0.5 F bonus for hotel and residential uses that's provided in the cd2 district so in the cd2 district uh the F for commercial uses is 1.5 if 25% or more of your floor area is for residential or hotel uses you get an extra point2 uh .5 F an extra 25% of f AR so that takes your F to 2.0 the land use committee um recommended that that 0.5 F bonus be repealed for hotels that are located along Alton Road uh in the cd2 district that are along Alton Road in North Beach um which is basically the Normandy aisle in Collins Avenue area um and so the the committee requested that the planning board comment on whether or not the planning board feels that the 0.5 F bonus should be repealed for Washington Avenue they did not make a decision on Washington Avenue so they really want the focus to be do we feel that that 0.5 F bonus for hotels should be removed from Washington avue and the bonus is for what again I'm sorry you get a 25% F bonus for hotel or residential if 25% or more of your floor area is for residential or hotels and then would M would it be transferred to residential use you could use it for residential use only so on Alton Road so if the ordinance recommended by the land use committee passes on Alton Road and in North Beach that point 25 f the5 f would only be applicable for residential uses you could not use it for hotel hotels would be capped at 1.5 but when you resend something you have to know why why was it the bonus put there to begin with it was a mixed use bonus that was intended to encourage mixed use development which uh generally mixed use development is seen as reducing traffic impacts because somebody who's upstairs can just go to a restaurant downstairs they don't need to drive anywhere and so so generally when you're when you're doing traffic studies use development um is going to a mixed use development of the same size as a single use development is going to generate less traffic than the single use development so it was seen as a way to encourage mixed uses reduce traffic more walkability uh create a more vibrant City and so that's that's why it was done at the time so then why repeal it they're just repealing it for hotel and they're going to keep it for residential they want to as one of the incentives to encourage more residential use okay and minimize Hotel uses and transient uses all right so the question that they wanted us to think about is whether to remove the bonus for hotels on Washington on Washington they're already proceeding with moving removing it for Alton Road and North Beach Washington Avenue was the question because that is in our tourist district there have been recent hotels that have opened there there's one that will be coming before the planning board uh next month another hotel on Washington Avenue um we've seen The Moxy the Goodtime Hotel we've seen a series of hotels that have been successful at activating Washington Avenue um and so um does is there an appetite to remove that hotel bonus on Washington Avenue uh is the question that obviously won't impact any current hotels right it um it would likely not impact anybody who gets approved um this you know an ordinance would have to go through a process if the hotel that comes before the planning board next month gets approval they would not be affected by by this modification like I'd want to hear from the bid or you know like some group that's yeah associated with Washington Avenue I don't have enough information to know what the impacts of the repeal would be right well the land use committee has requested input from the Washington Avenue bid this is just a discussion item if there is a formal ordinance referred it will have to be it will have to come back to the planning board uh for the formal transmittal hearing this is just uh for initial feedback if this is something that that the committee should even consider or if it's something inform drop it all together that's what I think I I agree with you I agree I'm okay I'm supportive of repealing it I think there's been tremendous amount of Hotel development and more in the pipeline as we've seen and we already know there is uh large transient usage in our city and really necessarily shouldn't be more of an incentive to develop so so I might be the lone voice here but I would be well we're not against it yeah I think we just want more information but okay but we would still get more information but they wanted to hear our initial feedback it's just this is just an initial discussion if if there is an we're open to the consideration we don't we don't reject or you know but happy to look at the ordinance once it comes to us okay how long has that uh 0.5 bonus been in play on Washington it's been in all cd2 districts um probably 20 years not if not longer it's been I've been here I've been at the city 10 years it's always been there um probably goes back a lot longer I'm trying to think of how many hotels on Washington have taken advantage of that and if it's been around for 20 years you know I know um I only know of one that was maybe built uh almost that long ago and the two new ones good time and and The Moxy they took advantage of the later I know there was it was all something to incentivize wash forgot what that was they got um that was hide but they also utiliz this F in yeah that was the height so they could probably use the F so they could before the height limit was 50 feet so getting to that 2.0 was very difficult it was you could you likely couldn't get there um and so when they increase the height limit to 75 ft for hotels with various setbacks so that the street wouldn't be impacted uh that allowed them to achieve that that 2.0 okay all right all right with that we are adjourned can we so um should we let the committee know uh the planning board discussed the item the the board is open to right more information want more information another good meting special thank you thank you to ro Helio and Nick and Nick thank you very much both of y'all are you leaving too [Music] Nick yes um so so I um I look at the look on I've just yeah I've just accepted a position with the land use practice at the county attorney's office so oh wow my last day here is April 19th congrats so major thank you to you both I know that thank you very much been a pleasure working with the planning board I'll still be around so you you'll still see me that's what they always say roio yep keep in touch that's okay I how many numbers are you about to lose right now none none so thank you sorry