[Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] he [Music] [Music] he [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] if you are here to present on an item today and have a presentation please go to the podium to ensure that your presentation has been received [Music] [Music] [Music] [Music] n [Music] please please take your seats the meeting is about to begin please stand by we are going on air in 5 4 3 2 1 okay good morning everybody sorry for the little delay but we're waiting for um one of our uh board members and uh one of them will not be here Scott will not be here today so um welcome to the June 25th planning board meeting fresh off a um hockey championship for our state which was very exciting um that's right we will start if I could get a motion to approve the minutes from the last meeting motion to approve okay and uh Melissa was seconded okay all in favor anyone opposed okay turn it over to the City attorney thank you Mr chairman and good morning members of the board today's meeting of the planning board will be conducted in a hybrid format with the board physically present in the commission Chambers at Miami Beach City Hall and applicant staff and members of the public appearing either in person or virtually via Zoom to participate virtually the public may dial 1877 853 5257 and enter the webinar ID which is 861 43426 327 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 in the Zoom app or dial n if they're participating by phone um 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 your 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 and 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 presenting 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 the testimony you'll give in this proceeding is the truth all truth and nothing but the truth thank you thank you very much okay we're going to start with the request for continuance and withdrawals the versus planning board file 24 0650 development regulations creating the Normandy aisle overlay District motion to approve actually um let's we can take the the first two items are companion items okay um which is again pb2 24-6 0650 the development regulations creating the Normand Al overlay District this is um Land Development regulations and then we have a comp plan Amendment which is related to this which is pb2 24- 0651 and before entertaining a motion we should take any public comment on the request for continuance okay anyone here to speak on this request for continuance anybody on Zoom there's nobody on Zoom with their hand raised okay we'll close the public hearing anything else from the staff no okay motion to approve the continuance second it okay all in favor well just before we we do that can we hear from the applicant why they're requesting continu or or withdrawal in this case no hey good afternoon Nick or good morning Nicholas Rodriguez on behalf of the applicant uh we had a community meeting uh recently and we got a lot of feedback so we're going back to the drawing board to see if we can rework the project to uh address some of the concerns that were raised unfortunately we just don't have enough time um between that meeting and now to to kind of work those those Solutions out so um we're we're back to the drawing board right now Mr chair chair um are you going to be making this a live local project um right now we're still working on this project we're not withdrawing it and doing a live local project yet but it's an option on the table but we're still working on this version of it um there's also an approved drb project with Workforce housing in it the developer May proceed to just build the project he has approved so they kind of weighing options right now we're seeing what we can do um with the current design but we're and this site does have a lot of um options they also have a current approval for p paddle Court on the site and they'll be constructing that in the interm so the site will be used in the meantime until the applicant until the property owner decides what he wants on the property um permanently thank you through the chair is there uh a time or date certain that is required for continuance no uh well yes so we have to continue this the applicants requesting to the September meeting SE so it' be a date certain of September 30th okay and did did everybody um yeah okay okay so all in favor I I anyone opposed all right that's on the first can can we do them together we have we've done them both together so both are continued to the July 30th meeting all right I'm sorry September 30th okay the next on the item on the agenda is a progress report planning board filed 21442 743 Washington Avenue I think uh the staff handed out the report on that yeah so this was something that was um sent out to the board members after the packages were sent to you guys and I did pass out hard copy of the staff report again this is PB 21- 0442 this is a progress report for 743 Washington Avenue so in terms of the history of this back on December 16th 2008 the cup was granted for a neighborhood impact establishment subject property on August 23rd 2011 a modification was issued to operate only as an entertainment establishment without C food service and this was last before the board on July 27th of 2021 for a change of operator now in terms of the history of the current um application today for progress report planning department sent a cure letter to the applicant on May 29th 2024 um due to violations and warnings that have been issued including without obtaining a certificate of appropriateness and for the operation of establishment contrary to the requirements of the cup um these viol ations are noted on page two of the staff report now in addition to the violations included in our staff report I did pass out a sheet that includes the violations noted here in addition to three additional violations that were issued in June this includes um not having an operational valet um having a promoted event without providing the required info to the police department and a violation related to um Sanitation our staff does recommend that the board hear testimony from the applicant in the public and our our um printed report indicated we're recommending continuance to the July 30th meeting however if there are issues regarding um the the um operation of the valet it's a question of whether or not the the um the the cop does require valet I know the operator right now does not have valet so if the board wanted to modify the cup you could schedule a modification hearing the soonest that could happen would be for the July meeting I'll turn it over to the applicant who can explain the history of the the site and the the correction act the corrective actions taken on the violations and Michael just so everyone knows I always appreciate when they put the name of the entity it's but the the operating to the public is the B vondom vom yeah vome okay good morning Mr chair Mickey morrero T to South G Boulevard with burky rol Fernandez Lin and tus with me today Alexander bastile he's the operations manager for Vendome um as Michael said we've we we got involved with with them in 2021 2021 when they uh bought this club from a prior operator name Rockwell was the name of the prior club and basically they just changed the the name on the cup they they took the cup over at that time we did multiple inspections um with code planning um actually the police and everybody else just to make sure everything was done properly at the time um and as a result of those inspections uh the license was approved after the cup was approved and two of the violations um one of them was for a sculpture that apparently would have needed a certificate of appropriateness that was there before and it was subject of inspections and was never raised but it's been removed it wasn't even their statue it was part of the prior operation so that's already been removed uh that takes care of one thing there's also an issue with the tinting of the windows again that degree of tint was the same as when they inherited the club from a prior operator it was never raised before but nonetheless they've addressed it subject to the city's inspection but they've already fixed that over the weekend and hopefully those two uh will go away um I think what remains is there's there's violation for obstruction of the sidewalk and I've talked to him about that it's not something that happens regularly but there are some peak times when there's a few people that arrive at one most of their uh most of their businesses through reservations of tables so they they don't have too much of that but there have been instances where a group of people comes at once and they have to check everyone for weapons they've never had an issue with weapons in the club they've never had major major operational issues of that kind um but sometimes have you know there's if 10 people arrive at once they have to make sure everyone's got the appropriate ID make sure everybody's checked um so there are moments where there's a little bit of a crowd what I've told them to do going forward is if that happens obviously you don't want to allow people in that don't have the appropriate identification and God forbid there's a weapon which they do a very good job and they've been commended by the police for for the job that they do um just put the folks along the side of the wall so there's no obstruction and I think that that will be resolved going forward it's really not a constant problem but it's something that that they know they have to just improve on finally as to the valet which is the thing of most concern I think uh they always had valet operator it's a third party it's not their operation they have a third party that they contract with like most of the businesses in Miami Beach for whatever reason while we were receiving all these violations they received notice that the third party valet operator was no longer able to service them this came as a surprise since then they've been working very hard and I've actually been assisting assisting their team to try and find a new valet operator they actually had obtained one actually obtained two got to like the 11th hour to finalize and then it was pulled away from them it's unclear to us why they had even paid for one of them but we believe uh there's one valet operator that says that they'll have availability beginning July 1st which is in a week so we think the valet will be resolved you know very soon um they're not have they don't have not they have illegal Val they just don't have valet at the moment because the the operator that they were using for years was no longer available so that'll be resolved as Michael said if we come back in July 30th I I hope to be able to report to you that the valet situation will be resolved again not something they created it was taken away from them and they certainly want to provide valet for their for their customers so it should be resolved and then one other thing that Michael mentioned there was a violation for not notifying the police which when you're a nightclub and you have a a guest uh performer coming in you're supposed to notify the police they do that religiously this one appears to be a misunderstanding I did appeal it only because we have a contract and the contracts time of signature is right before they notified him and there was very virtually minutes between so I don't know where the confusion was but I did speak to code and they said it came from the police maybe it was a misunderstanding we've appealed that one but the rest of them were were complying with um again we only appealed it because we have proof that it was notified on time but good news is these are not as far as I can tell violations that are impacting the community they haven't had noise issues these are all kind of things I think what happened was there was an incident at another nightclub so sometimes the city which you know they they have good reason to do wanted to check that all the nightclubs are operating and everything's being followed with the cups so we've addressed all the issues and we're happy to come back in on in July 30th and show you that we've cleaned out the other items um and Mr basil is here if you have any questions for us uh we're happy to answer them okay thank you anyone in Chambers to speak on this item no one anyone on Zoom there's nobody on Zoom okay close public hearing uh board Matthew any questions good morning Mickey and good morning everyone um I don't have any questions but I just want to share with my my colleagues on here U you know this the number of violations um you know certainly certainly is is a concern right I know there's different severity of these but um uh you know I just um I'm not sure where we want to go with this and I'm the first one to speak and maybe we'll have a dialogue on this uh the queuing is probably I think from my perspective the number one concern uh Mr Moro um he he kind of touched on it but there was you know there was an unfortunate um incident further up Washington Avenue and I do have concerns you know queuing for nightclubs uh you know people sometimes might arrive intoxicated or or under the influence of other substances and um you know it's Florida so there's lots of firearms everywhere I know security is number one concern but but I do have a of concerns with any sort of queuing on the public right away and uh and I believe this is the building this is the building that has the pylon and there's a a small interior Courtyard so perhaps that is something that could be also looked at to to be used so that we're not out on the sidewalk and creating any sort of possible instances of violence thank you understood yeah and like I said one of the things that I mentioned weapons and I mentioned IDs they also check if someone is arriving intoxicated they ask those folks to um are on the right of way so they can't force them you know they but they do everything they can and I again by the way I know you're close public hearing Troy's here from the Washington Avenue bid he was going to speak on this if you can give him a second he just walked in as you were closing it um but uh I think what we've been told and and we brought day one because I I'm aware that sometimes nightclubs have issues Troy and I brought you know I brought him in and I brought the police in we met with our whole operations team to go over all the things they could do to make sure that they don't have problems and in followup conversations with those folks I've been told that this club is one of the ones that has been doing the best job of keeping security under control and I'll let you yeah hi I'm sorry for the slight delay Troy Wright director Washington Avenue business improvement district you know I out of all of the establishments on Washington Avenue especially that provide um night entertainment I would have to say by far in way that they are the best and they do an incredible job of making sure number one that people are safe um and and I think equal to that um they make sure that people have a great time regardless if they are locals if they are tourist wherever they're coming from and as you as you mentioned you know what I typically do when a new establishment comes and arrives on Washington Avenue um I contact the police and um I set up a meeting with the police with the vendor and times um you know some vendors they you know they meet kicking and scratching but I would have to say out of all of the venues that I've met with and I mean out of all of them um Vendome has done an incredible job they embrace the police department they Embrace whomever whatever they need to do to make sure that they run a tight ship um I know they have lines sometime outside but that's a good problem to have um if you have people showing up to your establishment and especially on Washington Avenue if we look at the history of the Avenue we look at the trials and issues that they've had before and now that pretty much outside of the problem that we had a month ago there's been few to no problems on Washington Avenue so so I actually commend Vendome for doing an excellent job for staying out of trouble for the most part not have any problems with violence and really doing a a a a stellar uh job thank you right um I'm with I'm with Matthew on this one that you know and Mick and I spoke about the queuing and you know the other violations obviously there they seem to be violations but they don't seem to be you know intentional or flagrant violations so you know obviously were addressing them fixing them I appreciate that because we always on the planning board in the last several years I've been here you know we appreciate when you know businesses come forward they say our bad we're fixing it and we're moving forward you're not going to see us again great the only issue I guess I see you know lingering in the future is the queuing and I guess I don't know you know obviously you know seems like we'll come back uh but you know what when you have a concert like a 50 Cent concert you know or concert you know show or performance whatever uh you know how do you actually avoid queuing on the sidewalk um and so you know we can talk about it next month but um you know I'm just saying I know that there's the issue of you need to check IDs I know there's the issue of you need to search for weapons but in the cup that was originally passed long before I was here it says no queuing at all and so that's sort of an issue I think that maybe it's part of that is because there is that Indo inside Corridor that the IDS can be checked in there or you know and just to clarify when you say just want to make sure we know what we're talking about it's not really concerts what they do is the way they have like a guest 50 Cent was to come they couple songs yeah I gu I'm just saying but still it draws a lot of people it does and so the question is when you have these big groups I'm I'm curious how you were going to comply with the cup to you know you know because the cup says no queuing it doesn't say no queuing unless people are trying to get their IDs checked and you know so that's all I'm trying to figure out um I've driven you know up and down Washington Avenue so I've kind of experience the queuing um I understand that it's it's you know great kind of from your point of view you're trying to promote Washington Avenue if you have the queueing you feel like it's great cuz people are there but as you know residents who might use Washington Avenue for other purposes it might not be as great uh so I definitely think that that's something that has to be addressed the cup is very clear about it um and to try and downplay it right I think he's minimizing the original intent of the cup so it's an issue that has to be resolved um and in some way I'm curious just generally a lot of attention has been given to kind of you know Ocean Drive and and things that that go on there does Washington have to experience the same things like do they have the police reports or incidents that you kind of you see sprouting up throughout the city or or I guess how how does that work based on the different operators and operations um we're nothing like ocean drop that's what I'm asking absolutely nothing I mean if you notice if you look at the police reports or anything else TR we need your mic on test test there we go my fault no you're yeah I I I have no problem repeating that we are nothing like Ocean Drive um we don't have problems we do not have the issues we do not have the violence there aren't the a number of arrest I mean it's it's a it's a it's night and day um so we don't have those same issues and as far as the queuing goes uh and unfortunately if it typically happens it does happen a little later um but I think they do a good job of getting through as fast as possible and that's mainly because they do check people they want to make sure the the venue is safe and just to add one point because I know it's it's really the only seems like the only issue there is a vesu they use it it's really and and that's where people cue that's if you know the amount of people come at a normal rate that's what they would use it's just on the instances where it's a lot at once and they just don't want to be quick about not looking at IDs without being careful so I I I've said when that happens to the extent that you can you know obviously don't let people in underage and don't let people in with weapons but have it happen against the wall so it's not blocking the sidewalk and then move them as quickly as you can they're now that it's been raised they're going to do it's going to become a point of emphasis and I think you'll see that going forward won't be an issue I mean maybe this is a question for staff um was there some because I know that there are venues on Washington AB that do allow queuing you know Outdoors or out you know outside and so and and on other streets as well and so was there something about this particular establishment or property or block that queing you know just I guess I'm saying why is this in this you know prohibited in the cup I think probably part of it was because the operation changed over time initially this was more of a food and entertainment establishment and then it's been modified so I think maybe queuing wasn't an issue when this first came before the the planning board and there was no plan for queuing I think if the applicant wanted to explore the idea of having queuing on certain occasions then the board could schedule a modification hearing and review that and have the have the applicant submit a queuing plan to see how that would work and if appropriately the board could modify you know the cup because I mean personally I think that that would be the better as opposed to in good faith violating your cup every weekend when you have one of these performances I think the better thing is to have that discussion with the neighborhood you know maybe I mean it's a 700 block so you're you're kind of going farther toward closer to neighbor you know apartment buildings on the other side of Washington but so I think it's a better thing to have the conversation with neighbors I mean maybe my fellow board members disagree but you know if you are going to be queuing even if it is for a few minutes let's talk about the plan for that as opposed to you know because maybe just you know I don't know the you know that this establishment well enough to know whether this fits but we want the businesses to succeed um and so but I and we don't want these violations piling up if you're saying the only way to fully check IDs and to fully you know check for weapons and maintain Security is to have some buildup on the outside I'm not saying having crazy you know lines but if you're if you're saying that the only way to have to to do this in a safe and responsible ways to have some buildup then let's at least organize it get it get it under control and have a plan for it as opposed to we're doing the best we can is that you know that's my thought staff I have a question um is there any limit to how many promotional events an enity can have it just doesn't I don't think the code states that okay because I I to me the problem is the promotional events are where you're going to have problems and I think I was on the planning board when this original cup and I if I remember it was proposed as like a VIP table you know indoor you know space and I think what's happening is it's becoming more I know you say it's not concerts but these promotional events that's where you get the mob scene and and I actually walked by one the other thing I was going to say is the queue when I saw it the the vesu was not being if they had it roped off and the security was all hanging out in there and all the people were out on the sidewalk so I'm not so sure they're properly using the vestibule and that should be rectified um and the third thing you said that they inherited some of these issues has there been a change of ownership in the can you kind of take me how long has the current owner operator been so there's been no change of ownerships in 2021 correct okay it was but prior to 2021 it was uh called Rockwell right and they Rockwell sold it to these gentlemen oper okay I I thought I heard there were new partners or owners in the recently may be it's been the same majority group I've been I've been dealing with the same folks all right because if there is you know they have to report that to the staff but it hasn't if there's one minor partner or something but the the primary ownership is all the same okay all right so those would be my issues is the number of promoted events proper use of the vestibule and uh you know if there is any type of change of operator ownership make sure that gets reported the city I got a question for Troy um Troy maybe you can answer this that some of the other businesses on Washington who have uh cup for queuing how do they organize it pretty much the same way um the only group that has maybe something that's competitive to that would be M2 and I think that they operate the same way as Vendome um they get them in as soon as possible but it's always a matter of safety and and and they have a vesu similar to that but maybe not as large but they just try to get people in as fast as possible but I think the issue is sometime you know if a group of people show up at the same time you try to get them through as fast as possible but if you have two or three you still have to check them just a suggestion I don't know if that's even possible on a budget- wise but maybe increasing Security on the nights that you know you're going to be attracting a bigger crowd so you have more people checking people in yeah I I don't think that the uh security is the issue I think that Vendome has plenty of security in addition to the other clubs is just sometime just timing and the efficiency of the clubs to get through get people through as fast as possible and again I think for the most part everyone does a pretty good job but when you're checking people in it it's the security just checking people into Dorman or what you know whoever is going through checking for arms and and an ID and I mean again just trying to help you succeed in that maybe when you know you're going to have a big event with you know big crowd Rush is just to have more staff helping the flow of people coming in I guess everyone wants to see you guys do well and so you're going to be back here for the progress report and you just want to make sure that it's all of those have been addressed so you got to and what I'd say is we all went at different times I mean I don't think you know we didn't coordinate any visits and we all experienced the same thing so it must just be a constant um and by the way I really think you're probably the single best advocate for any single District in our city well thank so thank you for that I'm I I'm I'm passionate about it I believe in what I do so thank you I was trying to push it forward thank you Mr chair Elizabeth hi um good morning um I have a couple of questions um and the first one is why are we even entertaining businesses in the city that require us to check for weapons I mean that seems to be a problem I don't understand why we are checking for weapons um do we have people that that just I mean are these is it every Club in the city that checks for weapons or is it just a specific number of clubs um yeah it's just a matter of just being cautious and it's because it's the night um it doesn't matter if it's anywhere within the city it could be at a retail store if they had a significant number of people do you know of any retail stores that require checking for weapons well there are not but I'm saying but because of the history of America the history of clubs the history of any environment that attracts certain number of people I think it's just a matter of safety um how many police officers do you have inside that are checking IDs and walking around I mean do you have a nuisance team that's inside that are that are checking for it for these things or I don't have that exact number so um at any given time there's between 12 and 20 security Personnel depending on how big is the Club 4,500 ft and you've got that many that's that's that's well I mean I think the the idea is look sometimes I go to schools and I go through metal detector sometimes I go through Miami County the city of Miami government buildings I go through but we're talking about a nightclub okay so so here's the other question um so the ordinance that requires that there's 96 hours notice to the city for any type of special event I don't understand how that escaped people I don't I don't understand how that escaped the club when that is a well-known documented I mean do you have that with you that that says that you it was submitted or they do it multiple times a week every single a big one so this one they actually the contract was signed I don't think they violated it so we've appealed only that one they have they provide this notice multiple times a week they do it religiously um they so it's not like they're constantly failing on this it was one time that was violation given I spoke to the director of code about it already and he suggested we appealed because we do have the contract that shows that the time works I think it was just misunderstanding frankly on the police side but you know and they just Auto they have someone that checks automatically sends these things to code but again they've on hundreds of times sent the notice and it's never been an issue so so um so what let me ask staff what what would you recommend or what would eliminate the queuing what I would recommend is that since the queuing has been brought up if the applicant wants to explore the idea there's a couple options if the applicant wants to explore the idea of queuing come back to the planning board with a with a concept plan or a plan for queuing for the board to review um next month or else have a plan to show how you're going to um ensure that you're not going to have queuing and efforts to to um enforce that and then have the board set a modification hearing for um September if the board is inclined to um um approve queuing at certain times as well as the board could limit the number of promoted events so I'm I'm comfortable just to respond to his uh to his suggestion I'm comfortable with the idea coming back because it may be that you know with some minor changes we can get it get it going without modification but I I hear Mr freden and and some of the others mentioned that maybe you know in in good faith we modify to make it a little more clear as to what goes on um but but maybe we don't need to modify it so I think coming back in July we can discuss internally find out if there's a better way to deal with the queuing um and and that's it and are are the are the window tintings going to be removed it's already been done and and the sculpture there's two things again there was multiple inspections with those things there they weren't raised okay uh back in 2021 we fixed them right away so you know those right they haven't been inspected yet but they've been addressed do you happen to know how many times there have been police calls for service to this location um I'm sorry I'm just trying to get all the facts before good morning morning morning my name is uh Alexander Bastin I'm the operation director for the club friend with the owner so I came in um in Miami 15 years ago um I opened the club and for me the first uh the most important was the security of the people um I listen almost like called the problem violation first I would say something we don't want we don't want any problem with the city we don't want any problem with anybody we try to follow the rules so regarding um the police I will say I'm the one who call as soon I start to see people argue I even set to my security backup and I call the police um nightclub is not easy to run especially because there's alcohol and all my staff they have the surf program they know about alcohol rules about um underage so it looks like the main problem is the people in front the street we are successful Club but I would say the only thing we want is we don't want people on the street in front the club okay one time he happened the Cod compliance came to me and told me you can't have anybody in front so it took me long time to explain to the owner we need more security sometime I put even security with the valy because I saw the valy he was he was packed with so many car in front the club and he blocked the whole street and I Tred to put security with Val um I try to explain to the people don't stay in front the club and just go on the side and it takes time to check people we can do fast it's easy for me to say let's go just go just go in but weapon in in you I'm from France I know weapon here is like to have a a basketball or you know like so it's it's true it's it's we have to deal with this I'm not um I hope uh some more will change I'm I'm glad when I see uh for Memorial Day like 10 car of police in front the club blocking Fifth Street even if it take me like forever to go at the club and even me they don't want to let me pass but I will say the most important is the security and and for me uh take time to to check people pet down people uh we took more when I say we have 12 security sometime 20 when I have 20 it's because I have a big event some artist bring also is not easy when you have big artist hip hop famous artist coming um I had more security um I I I'm I would like to ask the board if you would be amenable to having to at the next meeting that we have the police present so that they could give us an accounting of how many times they've been called for service because I didn't get an answer to that it's fine if they're willing to come we can ask them we can't we can't direct them to come yeah I think they' be and also Mickey for the next meeting I I would like you know if you could just bring kind of a a a statistic of how many promoted events they're doing each month because again that's my biggest concern is that I remember when when the cup was issued it was really not for a concert hall or parties every it was more of a quiet private anyway um so and just just sorry just to follow up on that I'd say also I think the approach should be a plan to limit the queuing not to allow the well that's why I I'm pretty sure the private events are I mean the promoted events are what's creating most of the problem so um so we're going to bring you back next month um for a progress report and please provide that information sure and we'd request that the police be present as well well staff will do that right can we get a motion to continue this July 30th meeting bring them back I'll I'll make a motion uh to continue it to next month's meeting um and uh kind of making sure that we hear from police as well as the special events and the plans that that you all have as well as a plan for removing the queuing ensuring there is no queing uh going forward okay I'll second all in favor any oppose thank you before the next item I just want to make a correction the September meeting is September 24th not September 30th as I indicated previously right and there's no meeting August just remind everybody um okay next we're on to revocation modification hearings first was planning board file 21435 uh Lincoln Lane eery and the staff report begins on page 11 of the board packages now just some from from history for this application this goes back back to January 22nd 2019 where a cop was issu issued for a neighborhood impact establishment for indroid entertainment on September 24th modification was approved to expand the use to the Rooftop in October 2021 modification was approved to include outro entertainment on the rooftop now the history of the current um modification revocation hearing started back on April 25th of 2023 where the board actually suspended outro entertainment on the rooftop Terrace and continued the the modification hearing um repeatedly for several months the the last time this was heard was March 26th of this year where the planning board reinstated the outdoor entertainment with a requirement that the speakers be located below the um rooftop parit um at that time the a new owner operator um presented himself to the board and since the March meeting as noted in our staff report there have been no new complaints or violations since the new operator has taken over as such we are recommending that the board suspend further progress reports at this time I'll turn it over to the applicant who can come up and speak and she has provided me with some photographs showing the um the speakers being relocated I'm going to pass those out now y we nice to see you all again hello morning sign postcards thank looks amazing Thanks new postcards so my name is is a good to see you again um I provided you with a picture of what we did we introduce yourself and your in your address just for the record oh sorry Isabelle gual link uh twist tonic at the Lincoln eery 723 North L Lincoln lane north um and I'm providing you with a picture of the updated speaker situation which you asked me to lower the speakers um the picture shows that all the all the speakers were lowered um so I don't know if you have any questions we haven't had any complaints thus far we've kept the music pretty much where it says we need to be where you can have a conversation up there um and that's it so okay anyone here to speak on this item in Chambers no anyone on Zoom nobody on Zoom with their hand raised okay um unless people have questions it seems like they've kind of done everything we've asked them to do and we can suspend this unless any I just have one um we had our we had in you had their party on the roof um and I I do see in this photo that there's still speakers on the wall yeah so but they were supposed to be lowered to ground level was that not no no that wasn't I think the intention was that they position them downward down okay yeah all right okay thank you anyone have questions or someone want to move to spend make a motion to suspend further progress reports oh second it okay uh all in favor by anyone opposed okay thank you you no need to come back just behave can you keep these all right yeah keep it and and just to be clear we we're suspending uh uh further modification hearing correct correct okay next is another revocation modification hearing for planning Bo file 24678 the mandre hotel and this staff report begins on page 43 of the board packages this is planning board file number 24- 0678 for 1100 West Avenue MRE Hotel this is a public hearing to consider revocation modification or imposition of additional or supplemental conditions to a previously issued cup for a neighborhood impact establishment now this applicant appeared before the board on April 25th of this year here um for a scheduled progress report and the board of the time scheduled the revocation modification hearing for a date certain of today due to noise complaints no our staff report we indicated or we feel are some vagrant violations of the cup this includes on April 6th of this year a violation was issued for having a live baned without a special events permit and condition 7j of the cup prohibits the use of percussion instruments which are part of the live band further on April 27th of this year a violation was issued for the presence of a DJ on the exterior of the property a DJ is only allowed as part of a special event permit and a search of City Records indicated that there was no approved special event permit for the property on that date now he did note that both these cases have been appealed to the special magistrate which are scheduled to be heard on July 3rd and July 18th now considering these appeals staff is is recommending that the applicant hear from the applicant in the public and continue the rication modification hearing to the July 30th meeting I'll turn it over to Mr James R good morning Mr chair honorable board members staff board Attorney James R with greenspoon martyr offices at 600 brookl Avenue here with my associate Adrian Noto um also with us today are representative of Hotel ownership Mr galit and other Representatives uh together with brie bird the general manager of the hotel i' just like to provide you very briefly with a report on what's happened since we last were before the board and also some legal issues that I need to put on the record since this is a quasi judicial hearing at the outset I just want to note which I'm sure you see this cup was issued in 2008 and has never had an involuntary modification so over all that time there has never been an enforcement proceeding where a modification was forced and we think that that record speaks for something since the last progress report the hotel took decisive action engage a sound consultant to certify that the current sound system complies with the cup including various uh sound mitigation measures like uh control of certain zones um access only to Senior Management and that that report has been distributed to you it's fairly short but I wanted to note that uh that is an expert report not only has that consultant testified before this board many times um but has also been an expert in corp setings uh representing clients like F1 so it's a short report but there's a lot of expertise in that report certifying the sound system is compliant with the cup and is consistent with uh the requirements of other cups Hotel ownership also met with um residents to hear their concerns and attempt to directly address those concerns and find a way for a cooperative way to accommodate them most importantly there have been no violations um since the two that were identified in the staff report from April um there hasn't even been a noise complaint invalid or otherwise for the last 5 weeks so um I would suggest to you that your efforts worked the the procedure worked the system worked and that you don't need to continue this given the fact that the hotel is in compliance um with regard to a few legal issues and again I have to put these on the record proceeding with any modification revocation today would violate the hotel's due process rights resulting in a deprivation of property rights why is that under your city code your enforcement procedure requires applicants to be provided with notice and an opportunity to cure before you set a modification revocation hearing and some of this we spoke about at the last progress report but there were no noise VI if you recall at the last progress report where you set this meeting there were no noise violations or valid complaints um for late night noise and as a result there was no basis in law or fact to set this modification revocation hearing now I understand the staff has uh requested that you continue this matter and I understand why because the two violations that were issued after that are under appeal are under appeal before the special master who has sold jurisdiction but I don't think you need to get there and I'll tell you why because even if they were valid with a hotel being provided with a cure letter a second cure letter which provides a 15-day cure period it was cured there were no violations whatsoever after that second cure letter so as a result there's no real enforcement mechanism to have a hearing today um lastly I'll end with uh state law on the Florida statute also requires the name and address of complaintants Prior or any enforcement proceeding we haven't seen that and I would ask to reserve um a few minutes for rebuttal um I'd like to also I believe Mr galut will say a few words and then I'd like to have the hotel's general manager um give a short report explaining her interactions with the adjacent condominium associations who have been both cooperative and appreciative including signing off on special events permits for the hotel um since this process started the manager here yes yes she's here oh okay um before that um any any response to the fact that through process has been denied has everything been followed procedurally properly by the staff so the the original progress report was scheduled based on the the first B and Michael would be more specific than me but the first uh the fir the initial violations um when the two violations were issued in April the planning department sent a new notice and cure letter to the applicant um I think if the if the board wanted to consider scheduling a modification or rev I know we're we're here on a modification revocation hearing but if you wanted to consider modification or revocation based on the two um April violations then I would recommend that you make that decision today to set that hearing uh at a subsequent date all right so but sitting here today hearing this motion the staff in the city has done procedurally what it's supposed to do yes okay all right at the same time it sounds like the city attorney's conceding that um you can't take take action today on those two violations and again if you go back to the record there were no late night noise complaints when you say you're being deprived of due process I need to make sure that that's inaccurate or accurate and how we Rectify because I don't want you to be denied due process course so I I just wanted that clarification from if you were to take that action yeah the rest is factual that we'll have to figure out all right um so do you want your manager to speak now and wrestle or do you want to wait for public comment wait you want to wait okay all right so I assume some of you are here on this matter and okay just make sure you introduce yourself and identify your address thanks thank you good morning planning board my name is Amy Leos I'm a member of wbna the West Avenue neighborhood association and I'm here with my colleagues Tim car morning Susanna pner we all live on West Avenue we were with you um two months ago on April 25th and um we're sort of going to U pick up where we dropped off there so um hope this works properly we have a short presentation for you PJ there we go all right um we would like to start off just by uh reorienting ourselves to uh where this property is the mandrea is a hotel in a residential district essentially it's flanked on both ends by um multi-unit Condominiums uh 1,000 midor and 1200 midor where sanna lives um there are hundreds of units here and if you had let's say three or four residents per unit affecting potentially thousands of people by the actions that are taking place at the at the um montre here we go so we'd like to play Replay one of the videos we played last time hopefully with audio PJ can you help me on the audio I think the sound is off the volume is clicked off there at the bottom of the screen but you will just messing with you your microphone's not on yeah put your mic on I just want to Lodge a timely objection to the use of any hearsay evidence um um although here say evidence is admissible in an administrative proceeding uh to corroborate or explain other evidence it can't serve as a sole basis for competent substantial evidence so and you're saying this video is hearsay video is hearsay any testimony about what other people have seen would be test hearsay he brind how is how is the video here so could we speak to that please we don't we don't know who took the video if it's the same video as last time I took it Mr chairman my my recommendation so we don't engage in a back and forth is I would allow the public to make their presentation um and then you can either during your rebuttal or if you intend to cross-examine you can do so after they speak but um but I would rather we not go back and forth I want to interrup made an objection so we had to deal with it I didn't want to interrup the presentation that's all right well that's right so we've clarified that Susanna took this video from her unit which is on the top floor of the date of the video it should be on it it's actually if I'm not mistaken an event that happens quite frequently right so this well no no but I need to know we need to know when this was filmed it's Rel I can look it up and all right we you we'll need that all right so hopefully we've taken care of the audio issues okay and again a fairly breezy day nevertheless you can hear that very a boot camp I'm assuming it's some exercise thing going on Pardon is that the when you say boot camp I assume it's some exercise program yes you can see them on the deck of the mandre okay it should zoom in in a [Music] sec you're a loud trainer it sounds like L okay all right so two days after we appeared before you in April when we were assured that none of this happens something happened again um this short video will'll play here um happened again just two days after we saw you and it was um something which was actually uh validating what we had stated two days earlier to you which is that these events take place without special event permits of it's it's your sworn testimony that this was taken two days after the last plan me because the date of these videos is very important okay so we'll play this are you we have a time of day that was taken pardon do we have a time of day that that was taken I'm sure she could check her video I mean because he's going to have a basis for objecting if if we don't have more specifics about the video in the afternoon as I recall Before Sunset in any case but it goes on for hours it's just random well and do you think was in the afternoon yes it was in the afternoon okay all right so on that day um I believe Suzanna called code but apparently others called code as well and um code went out and visited the property from certain angles the audio was not audible but once the code officer as you see here this is from your packet once the code officer entered from another part of the property not only was the sound audible but the codee officer witness the DJ who by the way shouldn't have been there in the first place because there was no special event permit for this event um but the code officer witnessed the DJ turning down the volume which is what we have said is what happens there are spotters of some sort who always tip off what's going on at the mandre and um the behavior is corrected before the um the officer can actually witness it so and a violation the documentation right there above your comments so now this next slide we're going to show you and it's a bit long on the fireworks but um I'll speak over that we're showing this because this is a case where a specially event permit is actually not even needed even though I think we can all admit that fireworks are special events what was needed for this was only a fire department permit now and I'll play this as I'm talking um the difference is a special events permit will have a sign off sheet which the manager signs and also ATT test that all of the tenants of that property have been notified of that event however in a fire department permit for something which is obviously a special event that's not necessary so in this case nobody knew this was going to happen in in the neighboring buildings unless they were notified somehow um by I don't know friends or maybe being a member of the club but obviously this is something that should have required um a notice so just as we suggested last time that the special magistrate process be reviewed we ask that the special permit process be reviewed as well because certainly this is flaw neighbors should be made aware of this in addition to the environmental damages causing that's secondary issue but we ask and we will um look at that a little bit more in detail in the next slide that special event permit process um be reviewed and amended what time is this pardon what time was that did you have taken um it was well I I'll this I know I was at the AR Center that night this is just a week ago last Saturday I went to the art center to watch a flamco performance and on the way out when I'm going to catch the bus to to come back to the city I could hear fireworks going off somewhere I thought they were coming from Bayside but I couldn't see them and sure enough just about what I'm getting on the bus and Susanna sends me this video this is what's going on right now and we knew there was no special permit pulled for this because we had listened in on the special permit hearing just the month before so your complaint about that is primarily that the process doesn't require some type of notice correct okay and what neighbors know that they should be looking at this department or that department or the other department in order to make themselves aware of what's going on basically in their neighborhood I mean this is right next to a marina where boats are uh boats are anchored in the bay this is I mean fade away from the the the Baywalk this is potentially yeah the debris this is potentially dangerous on top of everything else obviously special events it's pretty good uhy good fireworks show I want the notice so I can take my kids next time I this is taking place feet away from the Baywalk okay so um this is what we're talking about in terms of the special permit process this is the sign off that um is given to the property managers as is stated here um now the property manager signing off and a testing that according to this it's highlighted in yellow all tenants have been notified about the special event and that there were no significant objections now um two points here first of all this is only one of several but this person is not the manager who has signed off on this permit contrary to what the previous speaker had said and we have residents of the um Mirador 1200 here with us today they have never been notified about any special events all Mr chairman how much time would you like toow not much longer but um and frankly a lot of what you're talking about as a staff issue it's really not a planning board issue unless we have the right to amend the uh special permit process I don't think we do but we're just suggesting they need to hear it I mean if you think you know we want we want to make positive changes here and actually this is in rebuttal to what was said uh previously that all these special events are signed off on well they're not valid if they're not signed by the person who is supposed to be signing them which in this case is the manager and this person did not follow through on the other uh item which was mentioned here which is that everyone was notified but I just wanted suzan to speak to that very quickly we just have one more slide very quickly I wasn't even aware this document existed I didn't know we had sorry can you say can you say your name for the record I'm sorry my name is Susanna Susanna purer and I live on 1200 West Avenue midor North I until I was shown this document in different versions um never signed by um a manager of ours I didn't even know this existed I didn't know we were supposed to be asked I was never asked in the over 10 years I've lived there and um I would have not agreed to most of these events because they're crazy it's like living next to an event space or a zoo and um this is is definitely not true so it's none of us has been asked all right thank you and one more slide please here we go and lastly again speaking to what the previous speaker brought up um in 2008 when this cup was issued um we have put together a chart of the modifications to that CP since that time as you can see uh several have taken place a lot of them in 2014 um for some reason but essentially all of them have been in favor of the property owner the business owner they have increased hours of operation increased the types of operation um and again speaking to the previous um uh uh speaker the second to the last row shows something interesting which is that in 2014 they um were made this is I'll just read a Verbatim um must allow code officer on property which implies that either the code officer was not being given the right to access a property previously or that um you know they didn't have to right that was what was alleged so um in any case it's there that was change in 2014 so um if if Tim Carr could speak briefly on this hi everyone Tim Carr just to bring it home so again this is really important because again this is a residential neighborhood and out of good faith and not as an act to check the box we met the wna board with commissioner Suarez with the management and the lawyer of the on and what came out of that two more violations and ongoing so again we're not seeing good faith activity so we're really kind of counting on the planning board to help us with the cup process to get to kind of pull it back make them more accountable and more responsible for local residents than what their their current business model is so we appreciate and your help and support on this thank you thanks for the presentation anybody else in Chambers speak on this sir good morning thank you for being here thank you for your service um I'm a name and address my name is mque Escobar 1200 West Avenue next to the mandon um I've been a resident there since 1995 and I have a bay bay Bayfront so I see the mreal right below me and so forth I was here at the original meeting and heard the uh the hotel's audio Specialists give a a lengthy explanation of how the speakers the my apartment uh I could not hear because it only had such a dynamic range um and that was the assurance that my life would not change I did speak up that and say hey um this is a livability issue I bought my home there I rented it before and then I bought bought it during the conversion but it's my home and somehow then I was asking don't take my home and turn into a commercial establishment um that's not been the case uh you hear this I can tell you for personally uh there's there's noise a lot I don't know how much have been documented but it's a lot I live there I see it I see the uh they have a pathway to the dock that they have that used to be ours um there's people climbing over the gates drunk coming off the boats going into the mandron there's no security from the MRE on both sides sometimes they they come off the boat they can't get off the gate that's nothing we we can't control that we can't even access that ourselves the uh there if you look at the north side of the mandron from our perspective you will see a a series of black mold coming down that building at least 50 to 100 ft It came it was like that when they took over because they put some sort of gardening thing up there or whatever I whatever caused the leak but it's still there they they redid it years ago and they painted it over but tell you it's worse now and it's very visible I mean this is what I this is what I look at my neighborhood a fungal mess you know the all I'm asking for is I don't I don't mind them be a hotel but when I was here originally they didn't present these constant parties uh balloons going up the air for a a uh what do you call gender reveal a helicopter over the tap of the Barr for another gender review this is all the liability aspect that I'm asking to check on okay I came here and asked the same thing and this is what's developed so if there's good faith on their side frankly I'm as an owner as a voter as a citizen of this of this community uh I don't see it okay I trust you to make your decisions based on everything thank you very much for the time thank you for showing up anybody else okay please don't be redundant so if it's something we've already heard great but have anything new go ahead no it's the same thing okay you're a resident bother okay but anything different for you that we haven't heard ma'am I just want to make sure you can speak but if it's the same thing we get it no you sure okay well no no I feel bad go ahead and come speak I just I just don't want the same thing over and over again but please speak okay my name is Carmen paage um I live in 1200 West Avenue in uh Bart 101 facing the bay I have the same issues noise issues I have other issues but they're not related to this uh right now so I don't think they're relevant to this meeting but I do want to corroborate that we do have a lot of noise compliance and I I made plenty of goals to Code Compliance about it okay all right thank you anybody else anybody on Zoom yes we have one person on Zoom um Olivier Olivia do you swear or affirm that the testimony you'll give in this proceeding is the truth all truth and nothing but the truth I do absolutely thank you you have three minutes okay I just want to make the same point that people made uh right before me the two or three people who spoke before me I am a resident of 1,000 West Avenue I live on the sixth floor very close to the madrean and the experience that I have is exact the same as my colleagues who live at 1200 West Avenue the noise that we suffer is simply unbearable that's all we have no other callers on Zoom no others that's correct okay no one else here okay um you want to rebuttal can I go you thank you Mr chair can I just say a few words before yes please introduce yourself even though you're renowned in my be no I don't know about that but my name is Russell galet and I am a principal at the hotel uh first of all welcome everybody to the planning board it's an extremely important board your services does not go unrecognized it's not an easy job it's it's a it's almost like a weighing skill and um of what's right for our community and uh and at the end of the day it's really about what's right for our community I've been a principal uh since 19 uh since 2018 or 2019 of the mandrian hotel it is an incredible asset that we have on West Avenue and I think the record Clerk and Michael have get have sent you some of the emails 5 10 15 emails from residents around this community these three residents have come here today and complained um Amy and Tim I have to discount because they speak in opposition to every single project that I've ever had on Miami Beach so it's not because uh I don't like them it's here to be bashed today interrup so please sir don't interrupt let him speak the record speaks for itself does it all the time not AC I understand but you can't interrupt them you got to let him speak the record speaks for itself I don't know whether what his issue is or what Amy's issue is but it's immat I think it's appropriate I think other people direct I'm not bashing anybody I'm just saying what's factual Jonathan um I will tell you that we are concerned if our neighbors are not happy that's extremely important to us uh as you may or may not know we've spent and I do want to answer some of the things that were here we have spent seven years getting a Baywalk approved it is finally approved it is finally going in we have every right to cross the pool decks of our neighbors we own those decks we own where we walk okay we are respectful to our neighbor at all times we've never gone out of our way to make noise or anything else and I apologize to them profusely but I have to show you how ridiculous the presentation was part of the presentation was the fireworks those fireworks had nothing to do with the mandrea they were for a home on Star Island that uses the same Bay to set off their fireworks that they showed you today they also showed you some music that came from boot camp which we by the way give for free to so wrestle that your testimony or REM that was not a mandre event that is my absolute testimony okay it was from a resident on Star Island to make matters worse they showed you a video of something going on from boot camp but they didn't tell you how they captured that sound that should ring bells in your ears how did they actually capture that sound was it from an iPhone you know what I highly doubt that I invite I invite any of you to attend that boot camp because the boot camp is not ours it's the communities we let anybody in the community come into our pool and enjoy our pool as we've always done now I can tell you that our manager has given her number to everybody when we do have a special event the process is very simple we go to the association for the neighbor both Tim and Amy live five blocks away from this property they don't hear anything from this property as I said to you before there isn't anything I've ever done on Miami Beach that they haven't spoken against period you have to make up your judgments why now we will do everything in our power to satisfy any of the neighbors we've often publicly given our general manager's number she's available 247 and if she's not on the call the assistant general manager on the call happy to file it again happy to give it to our neighbors we want our neighbors to be happy thousands of people live in this community thousands of people are serviced by the mandrea thousands of people love the mandrea and want the mandre exactly where it is there is no basis whatsoever to be here today the only basis is to set a hearing in the future if in fact we get convicted of something of what you know I will I will tell you that there's two sides to every coin this is an ongoing process from a few individuals that create a problem that thousands of people enjoy there are hundreds of people that are in the MRE on every single day that are our neighbors from both the 1,000 building and the 1200 building if they have complaints their obligation is to go to their Association and complain there it is the president of the adjacent associations that signed the consent for special permits if they have an issue they should go to their association meeting and raise it with their directors because it's their directors that sign if their directors don't want to sign there there would be no special event so I I think that it's really unfair it's unfair that I have to come out I mean obviously it's an important thing for my neighbors who are legitimate I am here I'm here to listen and fix any problem we don't want unhappy neighbors we want Happy neighbors we want people coming to the mandre for breakfast lunch dinner we we want them to enjoy our community we are the most respectful to that Community we also are contributing to that community building that Community Baywalk has not been an easy task and yet we're doing it for the entire city and it will help our neighbors because we will no longer have to go on property we own to access docks that we own and that is to make our neighbors happy so I I would say to you this is is not about uh legality although it is about legal legality you want to change the rights the property rights that we have based on on four people's testimony or five people's testimony you have the right to go to our our general manager at any point in time she's available 24 hours a day when thousands of people in our community find this property a benefit Russell why don't you think any of those people show up to speak on your behalf I would ask is anybody sent emails today and by the way way we could have we can we can we can have him show up next time I'm happy to do that I'm just curious I mean because we don't ask him to show up okay we don't ask him to show up we're not Amy and Tim who goes out to a community says hey we got to get you to show up we're not that way but if you want us to we'll have people show up next meeting all right we're happy to do that got to wrap it up okay that's that's all I wanted to say and Jim can respond hold on a minute Tim can I just clarify for the rec what's your first name Tim Tim yeah I I'm to let you speak because you specifically discussed your modus up Ronda so again I'm the president of the West neighborhood association and we represent all the all the residents between Fifth Street and 17th Street and East of Alton I mean west of Alton Road um I did want to clarify again there there's been many meetings where he likes to call us Liars which is totally unacceptable we don't do that to him out of respect but also I did want to clar for the record it was not a private property was having this firework display I have the application right here from the Fire Marshall and it says the address of the mandrea right here on it I'm happy to share it with you guys or I'll bring it up and show you right now and it shows you the map of it right in front of the mandre on as well I would also like to say that Mr galet did State just a few moments ago that it's the uh Association uh president who signs off on these permits however the permit itself or the sign off sheet for these special event permits state that it's the manager of the property signing off and that in fact is not who signing off men that right in addition also but is that because it was being launched from there I mean are you sure this was a mandre on event why I think what Russell said what Russell said is that they have to launch from there but it was another Tim I would just ask um whatever whatever you're showing to send Michael Bel copy for the record and to also share it with who is Leah with the applicant I know the police sh Russell is Leah colen sh Cohen Shad have any to do with the mandre all right right oh my God no Russell he's just reading all right all we're guys we're g to go back and forth there's no need for that but I did want to give you an opportunity to respond and since my name was invoked may I just make a statement as a member of the West Avenue neighborhood association I am not here as an individual I'm here representing my neighborhood and this is a neighborhood issue I'm speaking for all of those who live within that West neighbor uh West Avenue uh Corridor and Mr gber I love canopy Park so please don't say I bash everything canopy park is all right okay thank you thank you the quick remark um those videos were taken with an Android Galaxy S21 if that's what the question Android okay all right last thing 30 seconds yes Mr G I never met you I never I'm I'm an owner there speak in the mic don't the microne I bought my home in pleas please tell your name Gman page at uh 1200 West Avenue uh Apartment 101 when I purchased my home in 2005 I was given a brochure that said that I will have access to the the marina that I will have I I did water skiing at that time so I wanted a boat and I wanted a a um an access to the marina few months later or or maybe a year later or something we were banned from from going into the into the marina and then now he says that the patio is owned by him we so speak in the mic don't speak to him speak in the mic the pool is own by him like I I I I was never aware of that I was never made that was not presented to me when I when I bought the the property I remember even having in my closing statement that I was paying for the Waterfront and also I I have uh I remembered in the brochure say that we will have access to the three pools soon after those the the MRE and close off the access to from us to the to the pools we didn't have access to the polls I I'm invited use the pool in the mandrian I I don't think that I mean I was never told that I and I I I want to complain about it okay okay I just like to last minute last minute I I just like to address to quickly uh number one as I never said the pool deck was owned by us I said the pathway to the docks was owned by us and that's clearly in the condominium docks um as it relates to using the pan pool we invite our community to access our pools so she all she has to do is not go through the gate behind the property but you can come in the front door and that's what I wanted to tell you second thing I wanted to tell her is that the reason uh our North dock which is behind their property is not a commercial dock it's yes you want to rent a space you can rent a space but if you want to access a dock the only commercial dock we have is behind the 1,000 building so she would be able to do that when the new Baywalk is done should they choose to have access to the Baywalk because that is their decision their Association decision so I just wanted for the record and and she should know the telephone number for our manager who is here who would be happy and delighted to help her should she uh need any assistance and anything of that nature I just wanted the record to be clear uh the pathway to the uh docks is what we own not the pool deck thank you okay two minutes Mr CH if you will thank you thank you very much um I've always appreciated this board's difficult position of balancing interest between residents and businesses um kind of a secretary of state if you will the but what you heard today I just want to note a couple of things for the records um as to items like boot camp um special event permanent processes um fungus on the building this is a this conditional use permit is for food and beverage operations it is is not for all of these other things and so they're not within the board's jurisdiction this is not the code enforcement board special event board the property maintenance board um it's focused on the conditional use permit which can only be issued for food and beverage operations um you've already heard testimony on the alleged fireworks um and I would ask that uh Mr car's iPad be stricken from the record if he does send that in I haven't seen it don't know what it is but at any rate um really Russell covered most of the other items I was going to mention which obviously if there's some issue with sign offs on special event permits that's not that's not with the hotel that's between the Condominium Association and their residents I also know for the record there was a comment that uh some people were here on behalf of the entire neighborhood um I haven't seen any written resolution from a neighborhood association in the record nor does one exist so as a result that statement cannot be true I would ask that to be stricken or not considered um Bri I'm going to say one thing though so you know it's always tough for us as you know in in balancing these items so but if the only people that come before us and you can say all day they complain about everything whether that's true or not they have the right to do that um but this is an hearing where we're taking SW testimony so if there are you know and it is tough for us because I don't know if they speak for the entire West Avenue neor I don't know that I mean I know I live in Sunset Harbor and there's a Sunset Harbor board that speaks and they never ask me my opinion to be honest with you um so I don't know how vast the the public PE you know that they service or represent it's tough for us to know that but if there are people that live in their building that disagree with them that would say you know we don't hear this or they they should be coming forward because we're here taking testimony and if all we hear is from residents that complain then we have no other counter basis to disagree with them I I might help a little bit with that if I could have just saying because you're gonna say they don't speak for everybody and I don't know if that's true or not because it's tough I'm sure they don't go knock on or call every resident of West Avenue and say do you oppose the mandrian are you in favor but they have a job as an association hold on Russell they have a job as an association and they technically do speak so if there are residents that don't agree with that all I'm saying is that you know you can say there's like Russell says there's thousands of people that support us that may be true I don't know but if they don't speak to us it's kind of extraneous to this hearing do you understand what I'm saying absolutely I was meant legally speaking there's no resolution from the neighborhood association but I think Bri could actually address in part a little bit of of that comment um in terms of her interaction with the Condominiums if you could please explain that Bri bird I'm the general manager of the mandon um yes every special event I actually send it to the management of 1,200 maridor it goes to them first they go to their board um if there's questions I meet with them I meet with them regularly we have shared Gates shared buildings I'm regularly in the 1200 Mirador and my personal cell phone number I even detailed the security plan and how we will not play music outside of our house system so even with a special event permit we don't bring in outside speakers or anything additional to our system uh so then what's your view on the videos that they played the firework one has absolutely nothing to do right forget that one forget but the other two uh the boot camp again it is a regular event that the residents can attend and it is through our house system and is during the day Mr chair obviously not a food and beverage event if you're working out you're not drinking so all right again it's not related to The Cup as most it's through our house system it's not any no nothing additional is brought in no additional staging speakers Etc it's well what I heard frankly was the trainer screaming but anyway um all right wrap it up and then I'm let the board ask questions please take take 30 more seconds thank you Mr chair um just again to raise our hearsay objection on a few things that were mentioned by the residents who spoke um but I I think I think that through some continue communication this unnecessary vitriol between these residents and the hotel can be resolved um I hope so I think the hotel has certainly made it clear they're open to discussion Communications I do think there are some records we don't have them um because we we made a puck records request we didn't get copies but there I think there are some records of support um somewh I was going to ask um we did no yes we did receive some emails I thought they were fored the board we did Reed some form letter emails supporting the monrean we made get those they should have been yeah so they're all on the record yeah this was sent they were sent prior prior to the last meeting prior to the last meeting sorry yes all right so they considered part of this record yes yes they are okay even though they're submitted part of the last meeting correct yes all right okay you done all right we're going to close the public hearing and uh start with Matthew wow there's there's a lot to unpack here um I certainly sympath sympathize with the the neighbors um you know I certainly wouldn't want to hear you know on a on a quiet quiet Saturday morning uh you know the loud music thumping through you know coming through the walls and the windows of of my apartment um but a lot of I think what we heard today seems to be a private disagreement between um between an association perhaps I don't is there a Master Association here of these different buildings uh I'm not sure how much of that is within our jurisdiction but there certainly are some items right there are valid complaints that that are being adjudicated right now um there are questions about you know what what is our jurisdiction here uh does the the cup talk about noise during the day or does it does it fall back on the city's noise ordinance and if it does fall back on the city's noise ordinance is is there a uh is there a violation there with the boot camp the noise that you can hear within someone's apartment whether the the windows are you know open or or closed and our job here is we have to and I've heard this a bunch from both sides we have to find the right balance South Beach is a a mixed use neighborhood uh whether we all like it or not and um you know the West Avenue Corridor is probably among the high the highest density residential areas we have so it's even more important that there is consideration given to neighbors uh so that commercial activities can succeed but that residents can also have peaceful enjoyment and quality of life I don't have the answer to any of these questions and I don't know I think we'll learn more as as more of our more of the colleagues you know give their thoughts uh my big concerns though was in this letter from the audio uh expert and in there it says that that the audio systems generally do not operate during the later hours Allowed by the existing cup and you know what exactly does that mean generally do not operate does that mean they can operate past the hours that are allowed that's certainly something I think we should take a look at we should look at what are the limits of noise during the day um you know I certainly agree with with the chair's comments about about you know we only hear what's in front of us uh you know there there are thousands of residents in this neighborhood and and and it's it's tough to you know we have one group in front of us and and they have a lot of evidence uh showing that there's noise during the day and at night um but you know it's it's it's a tough one here so um I want to listen to my colleagues and see where we land today U but I I do share some of their concerns just want to put it out there matth if I can just make one clarification on the noise so during the day noise at the pull deck cannot exceed noise that interfere with normal conversation unless there's a special event permit so it's not like it's not like the um good time hotel where um they could exceed a level as long as it's not heard a certain distance from the property in this case if you're on the pool de music at no time should interrupt normal conversation unless there's a special event permit as as well as the case that they cannot have any DJ or live band on the property unless there's a special event permit and the noise is inside unit outside unit where no this and so if we're on if this is the pull deck right here we have to be able to talk at the pool deck at all tower all hours unless there's a special event permit so it's actually throughout the entire property no sorry more question all right yeah no um so I guess I I first there you know obviously there's neighbors who are unhappy and and I thank you guys for coming um my issue I mean I'm really just looking at what staff has presented us and I guess I have a question for management um you know in terms of ma'am come up then uh who whomever uh but you know there clearly was some there there's something going on or was was going on there I mean we know I mean there was a band with percussion there right I mean on that one night that we saw the we have the body cam video you know screenshot from I assume right that was not approved well the the I think the City attorney has asked that that be dealt with at a later hearing what do you mean no I'm saying like I I see a picture in the I see I see that there's a picture of the body cam of a band oh yeah I saw it the staff report as well right I'm I'm just saying that's clearly something that's not allowed in the cup right and so you say that that wasn't approved just now so the question I have is like you know what led to that um that to me is a violation I mean you're admitting that there was a ban there it wasn't approved by your management but it was there nobody stopped it U we clearly see the pictures of there being a DJ uh you agree that a DJ is not allowed you know on the pool deck right there's some confusion over that issue I I can't I can't tell you that that's the case but I don't think it's appropriate to get into that whole discussion well entertainment is prohibited in the cup and a DJ and a DJ's entertainment it is now in 2008 it was not okay so so that's I and I respect that and and so you know I'm the I'm one you s's a lawyer I'm one of the lawyers here so I get your argument and and to me that's a reason to let's let's deal with these issues now let's address these let's if we need to modify the cup to so that we're crystal clear because it's not fair to the residents if there's confusion and the benefit of that confusion is going to the business versus the residents so my whole point is I think we need to kind of take a step back I think at two months ago I was the one who said let's get us St you know let's look at what's happened in the last 10 years with your speakers um that are there uh because you know things change over time you know you you shift all the pool chairs to a different side and next thing you know you want the speakers going somewhere else not to say that that's wrong and not to say that that should be banned but it's every it probably needs refreshing and so when I saw this letter um uh from Edward Dugger and Associates I kind of had similar questions as Matthew had it said you know you're operating in a manner consistent with the C cup but it's not really saying that you're complying with the cup um there's kind of there's a lot of strange verbiage kind of put my antennas up and so I personally I think it's time to sort of step back uh let's kind of uh I don't know necessarily we need to start fresh but let's do a real a new sound study because there's got I mean we've seen properties like the Goodtime hotel that invested money in making sure the neighbors are happy they've built relationships and and they've spent money on you know sound barriers and whatnot there's got to be ways of especially since um when was it you know in 2019 you know there's advancements that have taken place in Sound Engineering and so uh looking at redoing all of our yeah and as Mr G explained that they are looking at redoing all of their speakers and upgrading the property so yeah I mean this a good time to do that right I mean I think let's do it I mean my personal thinking is like let's you and and obviously you have a new beach club that opened up that's beautiful um and so obviously everything needs to be working in sync with each other the boot camp it's a great service that you provide to the neighborhood to your guests great but you can certainly sympathize with you know when people are you know um when neighbors you know are hearing the screaming and the the microphone I mean that's to me in hearing what was on the video uh into hearing that if neighbors can hear it that to me doesn't seem that it's in compliance with the cup so maybe there's alternative options I know like you know during covid on the rooftop of the the link on Lincoln Road they did the boot camps with the headphones and and there's there's ways around this I think we should all just get together as a community to work together toward it and I think it starts with a a full whole study of where and a map a new map of where all the speakers are how are we you know what your plans are with an understanding that DJs are not allowed because that's Entertainment now um that's that I don't think that that was the intent you know back when it was first passed but maybe it was but now clear you know now there's a question of whether if that was the intent to allow DJs you know I think the neighbors should know about it um now and have have input on it but I think I I'm just saying is that you know nobody wants the hotel to shut down but I think it's time for you know let's look at a map of the speakers let's have a sound study done um let's try to cure these issues um because and if not Ian I mean I don't see how um you know I don't see how you can keep going with a DJ with live bands on the on the at the pool deck I mean it just that just doesn't work no uh first of all I want to thank you for your comments uh we we are in the process of looking at changing all of our speakers on Deck to to be quieter and to be a better uh member of the community and I thank you for your suggestion um we don't need to do the boot camp and I just heard from our manager we will not do the boot camp any longer it is for the community um and I don't I don't know why you have to be drastic about that it's just doing it responsibly you it's the type of thing that you should keep the boot camp micophone I think that that like they were saying it's just there's ways to mitigate it no we we'll try our best to mitigate it uh we will do we did do the sound list at 1212 and again that was also for free so we'll do what we can uh we're looking to cooperate with our neighbors and do everything possible so uh and we are analyzing our speaker system we're good people good people I'm sorry that uh that John uh that uh James wasn't able to get more into detail but obviously there is a special master case that uh that doesn't allow him to disclose but the the bottom line is is that we are good people we've always been good people uh we believe in our community um you know that was not an authorized band that was playing behind uh there's a whole story behind it that will be disclosed at the hearing um we we really don't have issues like this when is the hearing just s the next month right so maybe I mean this I think it's let me one I just want to say like you know I think it's for our board we see this happen all the time where like we see these like to what we think are clear violations then it goes to the special magistrate and gets dismissed and then we never really hear much more about it so but if there's more of a backstory to it because right now all I have is what Code Compliance says but if you have more maybe let's wait till after the hearing I'm happy to do that you know and we can hear your full side of the story and so you know was cured they it hasn't happened again right to be clear it's been cured meaning that it hasn't happened again it's not a regular program or anything like that I I get that I just what I don't want is like more confusion of you know just because you know in the last two months you haven't had a DJ in the future we want to be clear there's not going to be any DJs well on that issue step if if you get a cup prior to the time that ENT let me clarify this um I've been here since 2002 a DJ has always been considered entertainment regardless of the level of noise all right so your it's your as a as staff it's your opinion that they don't have an entertainment Li they can't have a DJ is that clear to you no they they can only have their cop allows them to have entertainment including a DJ and music above over conversation and a live band without percussion only as part of a special event permit okay and we are recommending that's clear I don't want to argue with here but we have written documentation from the prior planning director that that a DJ per se is not entertainment but that it's not we don't need need but let me say one thing to Russell so listen i' I've known you my whole life absolutely I love you you've done amazing things for the city love my neighbor there's no question you're you're well intended and good but I also believe the residents are well intended now yes there are certain neighbors that tend to complain more but that's their right right and so I I don't want you to think that they're coming here with Mal intent I don't think they want you to close down they they have they number got be fair and and I know you're well intentioned and I I think they are two so I don't want either side to disparage the other right it's just and and like Jonathan said it's the same thing with a good time we want the businesses to succeed they employ people they provide taxes to the city they provide entertainment I know people in government that love the mandrea they tell me because they know I'm on the planning board right that being said it's got to as I always say it's got to be a balance I agree so they moved to South Beach they didn't move to Naples or C Gable so I'm sure they expect some noise exactly but it's got to be reasonable and it can't be disruptive to their lives and and I've said that to our team team as well and I I promise you like we haven't had an incident since then we will never have another incident the team has been directed exactly that way we're looking at our speakers we're providing a bayw walk so that we don't have to go on our our property which belongs to the neighbors we're doing all of these things okay um and we just feel that we're here today improperly we're happy to always come to the planning board we think that the work that you do is incredible I'm sorry that you get sidetracked on nonsense like this well that's what I don't like you saying they have the right they're good intentioned and I don't believe they're they why would they want you to shut down for no reason right I'm just saying they're I don't think that's what we're happy we're happy to let me let somebody I know Elizabeth wanted to speak and and yeah everyone's GNA have a chance hi good afternoon almost um I just did y'all install your the buffers for the noise did you install the the noise buffers that I see in the 2019 um modification that we supposed to mitigate the noise in between the two buildings and also um I'm just trying to understand aside from all the other stuff which I do thank you for for going ahead and having the noise study but how did these two different um special events happen without a permit April 6th and the 27th because that that's really those are those how did that happen that's just my my question and again I also appreciate on the buffers let me say this is that they have been installed um and one of the things that we are looking at now is extending them because they do work but the buffers were installed actually only on the uh uh what are they called yeah uh on our uh uh pool pool lounges area so we can expand them and we are looking at that um to make it the entire peripheral wall uh right now they're only in our Cabanas so and that's where they were intended to be but if there's a way to expand them we will do that there's some some new technology that I've heard about that um it absorbs sound yes so maybe that's something you consider and also the boot camp is a is a is a public benefit to me I mean put the headphones on do the silent disco kind of thing I mean there's just a way to to do that make everybody happy we we will attempt to do that as well for sure and we'll look into uh the the sound system and what we can do on our on our property line to increase that protection it just seems like there's what Jonathan was saying there's a way to to make everybody you know be neighborly to one another could not agree more anyway thank you Isel um it seems like there's maybe a slight disagreement between the different associations which hopefully you could reach out you know to the you know board kind of and have everyone collaborate and get together and work out the operational issues um hopefully over time with the new speakers with a new sound plan uh kind of better understanding of everything the noise will be mitigated everything will be okay I can tell you as you guys brought this issue up I think it was last month uh I reached out to someone who was or who is moving into the mirror door I forgot which building just said to him hey you know this is going on what do you think he kind of on the flip side which I was surprised about he said he's excited kind of that's why he's moving to the West Avenue kind of District to be part of that kind of somewhat live work play so I think there probably is some kind of you know two sides to everything hopefully uh I don't know what's what the will of the board is whether this this is continued you know to next month where we can hear some more kind of and respectfully I I I would ask you not to continue to next month if you want to have a report coming back here uh I would say three months because three months will give us the time to actually replace the speakers and look at the Alternatives of how we can create this the St staff you all recommended next month only because of the magistrate hearings that's we think if the board is going to make any decision to modify the cup based upon those violations they should do that why don't why don't we do this I mean my suggestion would be to because I if we're going to Nom modify the cup I want to be able to see the sound studies and S sound report so why don't we continue it I would I would make a motion to continue it to September because we're out August it's very clear you know from Mr galit this will not happen again especially in the meantime I'm sure absolutely will not happen again and uh so at that point and we can set the modification revocation hearing for then just so if there's a quick fix that we can do at that point not like we're setting it to kind of you know shut down the hotel but it's it's so that we can make some tweaks and to use the report that's given to us uh Implement that into the cup because I mean the cup I think specifically says whatever plan sound plan from the past engineer and so we would just we would need to update that anyway so that can I get a second I agree with that can we get a second second that and if you can also in the meantime anyone that's in support sent emails or people sent have 10s have that submitted to the record which makes you know this whole process more the previous emails are in the record according to uh Mike i' second that okay and and I'm told that there are more than 10 okay all right so we are going to bring you back well first of all all in favor I I does that include a requirement that they submit a revised um sound study and speaker plan yeah I the Board review is part of the September 24th review for the continuation of the modification modification and the sooner that they can send it to us you know the obviously I mean I know you guys it takes time so but if you can send it to us when it's done as opposed to just with the prehearing pre- meeting package that'll allow us more time to review and you know come up with you know for staff we're done we're we're we're willing um and then to their to the resident point I think it would be wise to look into the whole obious I I trust the galet Mr galet that that was not a the fireworks were not a mandre on sponsored event but they should get that to me should give notice to residents for something like that or should be special just to clarify I did get documentation back it actually says the Leal and Scher event was hosted at the Mirador 1100 West Avenue and I emailed that to both of you for the record okay I'd also like to clarify that if anybody wants to speak at a special Magistrate on this item it's going to be July 3rd and July 18th is one of the peerings about the fireworks no this is on the um cases we mentioned regarding the the violation for the DJ okay I didn't see any violation regarding fireworks right all I'm saying is to their point which I think is well taken is that that doesn't require a special event permit it sounds like that's something maybe you guys should consider I I don't I don't know I I didn't see a violation for that no no no they're saying that to have fireworks you only need fire department approval that yeah that and therefore they don't get notice I'm just saying maybe you all should look into that procedure that's something I think for the city commission to look at okay all right all right guys thank you for your time can I make a quick remark last last one go ahead thank you I take offense that uh Mr gber is calling this nonsense this is our life you know calling you what that he just called this whole procedure nonsense you're not here for I corrected him on that and I told him I know you guys my condo as just spoke is a Vietnam vet his every penny he owns is in his condo I'm yeah so we're going to we're going to come back in September but in the meantime they I'm lifetime first responder and I've rescued people of the street all my life and if Mr galbert thinks this is funny or nonsense then I'm glad life I scolded him about that you're right it's very disrespectful you're right I think he's going to make some changes believe me we know your well intentioned no one no one on this board questions that so thanks for your time and uh it'll be as as Mr BL told you the magistrate hearings are in July and we'll be back here we don't meet in August so we'll be back here in September so thank you all thank you all we'll go to the next item um sorry sure actually if you all want to grab your lunch for five minutes bring it back we'll take a 10-minute break e e [Music] [Music] [Music] n [Music] he he [Music] oh [Music] no [Music] [Music] oh [Music] [Music] oh [Music] oh [Music] [Music] [Music] [Music] [Applause] [Music] [Music] [Music] [Music] my [Music] High [Music] [Music] [Music] take [Music] [Music] n [Music] [Music] you [Music] [Music] me [Music] take [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] [Music] n [Music] [Music] a [Music] [Music] [Music] [Music] n n [Music] [Music] please stand by we are going on air in 5 4 3 2 1 everybody uh we're going to move on with new applications the next item is item number seven planning board file 23596 7401 to 7425 Harding Avenue mixed use development and this staff report begin begins on page 63 the board packages this is an application requesting a conditional use approval for a neighborhood impact structure for a new five-story mixed use building exceeding 50,000 Square ft to replace an existing parking lot so this is before you today just because of the gross size of the of the building anything over 50,000 Square ft in a commercial District requires a a conditional use approval so one of the um issues we noted are concern with in the staff report is regarding the narrowness of the garage um with only a single R row of parking in the center and this allows or um it basically requires that cars traversing around the center portion have to have to intrude into the opposite travel Lane so one of the conditions of approval that we're asking to be implemented into the cup I'm going to update the condition of approval is that an additional stop or additional stop signs shall be required within the garage as determined by the transportation department so we don't have conflict with um cars turning around the central portion of the garage um with that you know this is a relatively minor application we are recommending approval um with that additional condition that I just added and I'll turn it over to Mr Penn for the applicant presentation afternoon everyone I won the bet I knew I'd be saying afternoon instead of this morning and it's always nice to be known as a minor application that's that's all right so but before we start Michael I just want to confirm are you Sugg are you suggesting you're going to add yet another condition related I think we I discuss this with the transportation department the condition the cop just asked for a stop sign at the exit we're asking because based upon discussions we had with Transportation but previously that there' be um stop signs within the garage as needed when you have that conflict with the turning radius and I'm saying this is only as determined by the transportation department sure okay yeah we have we have no objection to that I'll say that now again R penber alel Fernandez L and tapenz 200 South BC Boulevard if we could get our slides up I'll take you through my part of it and I'll turn it over to my team including Mr Gerald JJ woods and uh ulia fomo or our Architects from Urban robot and back there and the the Natalie dressed gentleman is waim Vargas our traffic engineer our clients are uh in the sky on Zoom so they'll they'll weigh in if they need to I don't think so so subject property 30,000 ft in size at the northeast corner of 74th Street in Harding uh as you can see as anyone who's been up there knows this is the parking lot for what is now the CVS uh at which is located at the northwest corner of Collins in 74 street that was originally developed as a supermarket known as food fair in the early 1950s um we have a companion application that has gone to the hbb uh for the Redevelopment of that property we're going to show you you'll see in the set as I'm sure you have there are elements that show that the relationship between those two buildings but they are two separate applications because of the necessity so this is just a closeup giving you basically the program we have overall this project will re will introduce a low impact mixed use development to this these properties uh we have a we will end up at the end of the day with a mix of town home apartment retail and office all within all within these two lots and we're very excited about bringing that combination to North Beach we think it's going to be a great addition this neighborhood all within 55 ft in height so uh uh the Collins project which again was approved by the HPB unanimously earlier this month will be about 8,000 square ft of of retail in the in the CVS 18 multif family units above today's project uh which as Michael reminded us is here only because it's exceeds 50,000 square feet is a mix of commercial off and office with town homes that will line Harding and JJ will show you that when we get there briefly just reorienting us visually this is looking South on Harding Avenue you can see of course the properties to our left next just a more detailed view of the parking lot it looks like a parking lot that was Deni designed in 1951 uh and it has remained that way uh the CVS and the existing commercial structure uh has undergone significant revisions since it was first developed and part of what we're doing in our plan for that property is restoring those storefronts that got taken out uh in the in those subsequent revisions to the building when it transferred from Supermarket to uh Pharmacy especially if you look at 74th Street that dead zone there that's created by removing all windows from that side of the property uh we were you'll see in the renderings that we were completely replacing the storefronts there I'm just I'm talking about this because I think it's important for this block and I think it's exciting it's not directly right in front of you again that dead zone that we have right now on 74 street so this is the combined development uh and I'm going to be quiet now and turn it over to JJ but on the right hand side is the 7410 Redevelopment which includes you can see the pink is the restored portion of the building with the reintroduction of the storefront system on the left hand side of our drawing is the building before you today which the the three levels of office you can see poking out above the parking with the retail on 74th Street and then around the corner to uh to blend in with the residential that we have across the street to the West are the town homes which are uh again a very beautiful uh new Frontage we'll be creating on Harding Avenue so with that Mr wood uh good afternoon thank you good afternoon uh JJ wood one of the principales at Urban robot Associates We Are The Architects and uh landscape Architects for this project um so as Graham mentioned the the orientation of this particular view is showing also here the alley is coming here this alley the traffic primarily travels uh from north to south so we are using this alley for basically as much of the service in the back of house for the building as we can the retail that Graham was talking about is here facing south on 74th the three three-story office structure is here and then you get a peak on the rendering of Harding over here on the West side which is where the tow houses are located so from a context elevation point of view uh we're seeing here these are the eight town homes up here on the upper left facing Harding and then the section kind of or the elevation kind of splits so that you can see the rest of the sort of uh U residential character of Harding which is why the town homes were located there to begin with to sort of uh plug into that context and continue that context along Harding the building is the office structure is set back so here you can see a section through Harding so the whole point of the tow houses was to sort of keep in keeping with that two-story character two or three story character that is a long Harding for the majority of Harding and then the off so this is Harding then the office structure is set back quite a bit uh and this is the alley that we were just talking about where travel goes from north to south so all the backa House services and what have you access to the parking structure come in off of the alley this is the part of the project that is part of a separate application as Graham mentioned it'll load in give it a second okay there it go so the floor plan the ground floor plan um the the transportation department asked us to place uh and this is where we worked with our traffic consultant to place a stop sign here so the entry and egress from the parking structure is here it is set back also a fair distance from the actual intersection which we think is great uh loading spaces are located here across from the loading spaces from the other application um so this is the stop sign that we were asked to add and we did this part of it was to improve uh visibility right at this intersection where people can be ingressing and egressing and traffic is primarily is is heading south along colins court and I'll just I'll interrupt JJ for a second just to this this plan shows our implementation of condition 11 which is the the transportation conditions okay so we submitted that as a separate pack um in in the overall Electronics subm metal but this shows and we'll go through the details of what we've done again but just to be clear that this is the the re this revision that we made uh in relationship to those comments right so you can see the the mixed use the uses are sort of of um the retail is focusing Along on 74th to kind of continue that retail small retail Corridor along with the retail that's going in the the sister application and then the town homes here on Harding facing west so you come up the ramp and effectively you are uh circulating around the ramp this is where all the parking is going to be and this the one raised level of uh parking deck and then oops I guess this one skips through and then here you have a typical level of the office which is stacked starting at uh level three so there's three four and five of the office structure this is we're very excited about this use and about this project because um the intent is to have class A office in this area which hasn't happened in a long time and it's a it's a great size of office these are elevations if there are any questions we can go over these in detail but these are just the elevations so here's section you can see on Harding excuse me one second sorry Mr Mr Cher oh I'm sorry if I have a question should I wait till the end if it's about a slide that he's showing no you can ask him when youever you want okay so actually can we do you mind if I go okay please uh so can you go back one to that to the you were showing like the the elevation um a more clean version it was just basically uh colors go it's the crosssection oh the section yeah that one so I I heard you say about class A office space and and I I can see it here on my screen or on my packet here what is the what is like the floor T floor Heights of those of those office levels uh so we have 10 foot6 between FL to floor okay because because we've heard and and prior boards have heard you know different differing definitions of what's what's required uh for for that particular class you know we've heard I think they've heard 13 14 15 feet as well um can you talk to that a little bit The Heights sure I think um ultimately the class A my understanding of Class A is that it also has to do with the amount of floor plate available so a larger floor plate is desirable so that more of the floor plate can be used by one tenant so in this case we're right around 13,000 Square F feet um from my recollection I believe 15,000 is the ideal for class A so we're right around that class A and yes taller Heights are are uh preferred in this case we're trying to go as tall as we can yeah uh we're sort of limited by flood plane and overall height and total height and all of that so the idea here is that um you can leave the the the slab explosed if you wanted to or you could finish it it also has to do with the finishes and the lobby access and amenities and all the rest of it I don't know of a hard and fast definition for class A okay um I I that's a question for I guess Brokers or other expertise um but I think the team should be commended because they're doing this within the height yes the height of the zoning code yes right and still delivering that product yes as well exactly uh and still delivering the uh so you you'll notice in the section that the town host the residential portion has to be raised above flood right so we're raising that and again the idea was to sort of separate as much as possible the town homes and to push the office building back along Harding because that allowed us to push the town homes up essentially raise them and then keep the office uh back so each use is sort of not interrupting the other in a sense and we're we're able to kind of maximize each one let's go I'll continue okay onward uh so this is a rendering from the corner of 74th in Collins you can see uh the office is meant to kind of set back but they are meant to to kind of speak to each other architecturally uh this is the so here's an elevation from Harding the entry to the residential and to the office is off of this uh Corner Plaza so what we did is we also set back the way that the tow houses they don't come all the way up to 74th they're actually set back from 74th and the retail also is set back from Harding so we're opening up this corner so that this is basically the entrance to both the residential and to the office so the office you could enter either off of Harding off of 70 or off of 74th if you're if you're going to visit the office if you're going to park in the structure um you're not going to necessarily use this entrance you're going to park in the structure and then just go up the elevators this is a view of the alley entrance again the idea was to uh keep the services as far back along the alley as we could so they were not necessarily very visible from the street you want to run through the transportation we can do this briefly again as I as I noted earlier the plan that we showed you the ground floor plan we showed you earlier was our implementation of of transport st's comments so this is just explaining what what that involved it remove involved the removal of a parking space uh to adjust that Northern entrance the basic issue not to belor this was that Transportation determined fairly late in the design game that uh Collins Court had to be southbound only um so that changed the entire orientation of of that entrance so that so basically the whole idea was increasing visibility as JJ said earlier for that turn in creating the new stop sign at the exit to to you know to allow for again wow that that really is annoying the new one uh the uh to avoid that interaction of the vehicles and again we have no objection to additional stop signs being added wherever they're necessary so the other the next slide Graham how much additional time would you like 30 seconds uh this just there was I just wanted to inform board we have as part of the hbb application we're requesting a variance of one of the loading spaces in this property to be inserted across the street so there'll be a total this combin development requires for loading spaces so we're just providing one in the on the Collins side and if the Collins building doesn't happen and this is in our conditions we'll have to find a new space for a loading space and we've agreed the staff's condition to expand the loading Spaces by 5T the depth of them to ensure proper uh removal material wa so I saying so one of the buildings is going to have loading spaces the other one is not no there's two there's two in each 7 7410 on the east side requires one so the uh this would under the terms of the code because the mix of uses require three so we're just providing it on the other side again it's an it's office and a very small amount of retail so I think that it's just again I we think that it will function perfectly fine it's literally across the Alum right uh the I think we're there's our final slide so with that um we're here for any questions you may have of course just one question before you uh go ahead kind of close the presentation so what's the current split between residential units and office space so I think they're what uh eight town homes 18 residential units correct so you have eight on Harding eight town homes 18 units on Collins what's the average unit size for the 18 units uh it's 850 I think that's required by code okay and these are going to be condos the town the tow houses are all the same the the the average size on the townhouse is actually 1980 I think it's closer to just under 2000 okay so condos or condos got it so these will be for sale yes got it okay yeah not short-term rentals correct correct we have no plan for short-term rent no plan but plans changed well again the yeah I mean the for the tow houses absolutely none right and that's the scope of this application just to answer the fully answer the question though and I apologize uh the both of these buildings Park themselves completely independently of one another they don't need each other for parking just to be clear um so so that they can they can function alone like 7410 could be built tomorrow right ring on this property yeah I would just love to see no more rental product in the city and this is I mean credit to you this is probably one of the kind of just in my opinion most impressive just in terms of of the layout keeping with the context of what's allowed in the code kind of fitting in you know purpose built office space with the residential it just looks great retail this is in my opinion a beautiful project uh just always trying to see how we could get more yeah rental apartments in the city the apartments I I you know correct me if I'm wrong JJ I think that the owner hasn't decided whether the apartment side which is the other project does uh will be rental a condo the town homes are a condo exactly Mr chair and Char just one more question considering ing um you know just the floor plate if you were to combine the two seems to be pretty sizable is there any thought to the live local or that was kind of never considered from the applicant I think that we are we are would have to talk to ownership about their considerations for live local I think that the historic side the the Colin side is is not considered to be under live local I think that they're interested in sort of um this this project that we're showing on Collins on Harding side um there has been some talk we are there is a some analysis that we've done on it um I don't know if you want to speak to that Grant no I mean it's it yeah it it does not work on the on the Colin side but the the Harding side potentially you know it's a matter of as you know all these live local projects is a matter of how it pencils out so um we're we're excited about this version of the project but we have looked to yeah live local won't take into account the office it's a it's so thank you Elizabeth hi y'all know I'm excited about this um I had a couple of questions I look through the the documents looking for the bike parking showers are those inside somewhere or because I just want to make sure they're not accessible to the public I just see one shower located on one of the plans at the ground floor and I think you say you're you are you have four of them they would not so to answer the the they would not be accessible to the public where where are they on the plans because I didn't locate that so it's funny actually I had that same question and I spent a good deal of time and I found them I'm sure that JJ will find it but they're on the plans I I saw mine's cut off a little bit and each each level of the officebe you can help them out yeah so they're on each office level in the center stack with the with the bathrooms there's a shower but it's not accessible from the garage I mean it's not you're not going to be able to sbody because a lot of these garages in South Beach you can enter the garage and and find you know your people hanging out in them I just want to make sure that's not going to be a problem no we we decided to put them in the one per office plate so it's part of the common area of the office so you'd have to you'd have to be working in the building and you'd have to have key fob access you'd have to be able to go up to use the shower you're going to use key fobs as opposed to some sort of different access fobs can be fobs like in our building we just changed over to a a fully Bluetooth because fobs can be duplicated just it's it's it's going to be some kind of security control it's going to be either a key card or a fob or or some kind of Access Control that the for a let me pause you guys one second um I forgot to ask anybody have any disclosures to make about expart to Communications I emailed with graham that's it okay anybody else and I did speak to them about the project who did you speak with I spoke to both of them okay anybody else okay um secondly is there anyone on Zoom there's nobody on Zoom with is there anybody in here other than the applicant actually there is one person now do you mind if we take the public on real quick okay sorry Abraham Bergman hi Abraham do you swear or affirm that the testimony that you'll give in this is the truth the whole truth and nothing but the truth I know this guy yes I I I I thought the question was if there was if I'm on Zoom I am on Zoom I'm one of the principles right now I have nothing to add okay oh okay he's one of the principles okay we we do have another person with their hand raised too um Alan yeman hi Allan do you swear or affirm that the testimony you'll give in this proceeding is the truth the whole truth nothing but the truth you're on mute okay sorry yeah yes I do thank you have three minutes right okay uh I'm calling in as I'm representative of the uh the M myo and the beach one condo association which is the building adjacent to uh this project um the reason that we are calling in is we love the project it's it's nicely designed we love the look of it it's going to enhance our area but we are concerned about the parking being adjacent to our South Wall especially the second floor open parking garage these cars are level with our bedroom levels and they're going to be 10 ft from our building face to face uh and there doesn't appear to be any real buffering or any um other method of hiding the cars so we were wondering if there's any way the parking could be moved back a bit or some some better shielding or protection from lights noise Etc should we we we can address Allan's question anything else no that's it it's the parking as say the building building is perfect we we look forward to it being in the neighborhood but we have 14 units facing that parking garage and they're feel away okay thank you sir so what we will do is incorporate a parapet that's basically 42 in high which is going to be higher than any headlights of any vehicle so you're incorporating what in here a parapet wall okay a wall at 42 in high and it will I don't know if it's there is a wall shown there I don't know if the height is shown but we can make it 42 in tall which is not which is code required I would suggest even even Rel suggest even more scening because you're going to have lights in there as well so I would suggest suggest what um more screening louvers or something else to fully screen that North elevation of the parking structure subject to the review by the historic preservation board since this is going to Historic preservation board next month right yes yeah we have no objection I we we'll show you the cross-section I think hopefully that will relieve some of Allen's concern where are we well no guarantees alen yeah there there is a cross-section that shows the proximity this one this one yeah that's it that's it so we're set back we're set back 5T on the North the building itself and this is that the height of that uh parapet or that wall so is that colins court or is that 70 this would be this would be parallel to Harding okay got it so 74th would be over here got it yeah but to to just to to clarify it I we have no objection to to I think it be a combination of the parit plus maybe something else hanging down from from the slab above screen the lighting yeah we also about maybe some some more Landscaping a thicker Dan or Landscaping we can look at that yeah at the I would leave the landscape plan for the store preservation board since um that's more for the HPB to review okay so Allan so there's another board the historic preservation board that will address the Landscaping issue so and I thank you for coming here today because you know this is an issue that we don't you know recognize until somebody Flags it for us and and clearly we it's much easier dealing it with dealing with it now than than later once it's built so thank you for coming but make sure you go to the or attend the historic preservation board or work it out you know uh with the applicant uh so that that can get addressed absolutely um can I ask can we go to the slide about the the parking and um I I I just want to get have you walk me through the flow of traffic for each of the buildings so I can understand because there was that change in of the One Direction um let's go I think these slines are the most illustrative okay yeah okay so previously the ESS was you could have a car um parked right here in this spot and this is the is this the second floor or the first floor no this is the ground floor okay that's what I thought okay ground floor is this the floor you wanted to see what is this the floor you were yeah yeah yeah so I wanted to understand so don't worry about the previously because you're going to mess me up okay sorry so tell me about like currently for for what we're looking at and like what the plan is so you're going so the So the plan is to basically have traffic stop as it egresses because the concern is that traffic heading south if there is no stop uh you can just come right around around the ramp leave the building and and right have a potential conflict there so the idea is that you have we have a stop sign a striped on the ground and the actual signage so that you stop is it possible to do like just a an opening and closing gate yes because I think that that just the idea is especially in a smaller garage it's only a few people using it every single day people fly in and out I just want to make sure the the gate arm is usually something that we integrate so the que and stacking of the gate arm is something that either is placed on the ramp or is placed uh at the at the mouth of the entrance and we haven't decided because the ground floor maybe used some of it for for uh service parking in which case it wouldn't use the gate arm so that hasn't been finalized but the location of it well I just don't I think I personally don't think that the stop sign is sufficient just an outbound right the outbound gate right yeah I'm not talking about the inbound gate I'm talking about I just want to make sure there's something I don't think a stop sign really is sufficient to stop the traffic because there's pedestrians coming there too and not many admittedly on this street but you know it happens especially with the beautiful project you know there will be more people walking so I would just ask for either a you know a gate you know even if you do the ticketed exit gate further back and just do a secondary gate that automatically opens when you pull up but the idea is just to stop the traffic so that they may come to a full stop before they go to that intersection as as long as we have no objection to adding that to Michael's new condition uh as long as it's subject to Transportation approval yeah we can add that control a or the the other the other thing was that inside the garage in addition to the stop signs at the corners having just a a speed bump just so people don't fly around and it's not I mean it's not a shouldn't be a high-speed uh garage so shouldn't be a problem yeah again we have no objection to exploring that as well as part of where would you add the speed Transportation if you're in no not not on the ramp you're talking about like in at the corners so where you're inside the garage where you're turning Corners isn't that where that was the that was the issue because in your the report it said you're recommending stop signs at the corners where you turn the inside corners and then in the order it said only at the exit add we're going to add the condition require requiring the stop signs at the inside corners and that's what I was saying just in in addition to the stop sign having a speed bump so that cars aren't flying you know through there because if you know small garage people don't stop be like um a slightly raised yeah be like a hump but just like a something yeah anything that's that that works from an engineering perspective we're fine with as long as we can keep getting cars in and out of those spaces and you know we're not that that would be my only concern about a bit an actual hump is that it it could impact backing out of a space or something like that no no no I'm talking about like a very something very you know strip a speed strip or something like but again something some traffic coming device subject to Transportation approval no objection Mr chair yep I would I would like to request that condo docks that you Covenant that there will be no short-term rentals for anything less than six months and one day we can't right we can't and um Mr chairman the board can make that ask um but but under sorry under state law we are preempted from regulating the dur duration or frequency of a vacation rental um anywhere where we haven't already done so so that's what I'm asking yeah and again Elizabeth I appreciate the request the the client is not comfortable with encumbering at that at this point there's no plan to do it but they they would prefer not to include that in the order okay okay U so first uh I want to say I'm big fan of of urban robots work JJ uh the waves didn't happen but beautiful project and some other things that you've done totally agree it's like so refreshing uh so uh I just want to thank you for that um hopefully this project will happen as well be a great um addition to the north beach neighborhood and of course I also want to thank the the team for utilizing the the incentives for parking reductions a lot of times uh they're they're really strategic and they add a lot of value as well in this case the um ample bike parking and um the showers as as well which are really useful for commuters nice yeah um I did have a couple questions though in fact can you pull up that uh in the packet it's it's sheet a23 but you also had it in your presentation um it's the office section showing the Harding office building CHS an elevation with the um tan yeah the long the longer yeah exactly y yeah about that St on this one yeah that one so I Circle the bike parking on there because it's it's uncovered um and that's a big concern you know it's you hear the thunder the rain the elements the seab breeze um it really can you know for people who are parking more long term it can it can have an issue with um you know the elements uh you know rusting bikes basically but the other thing is I don't think this is the that bike parking there cuz we just heard the gentleman from the the myo on the beach condo that's not what's shown in the on the the ground floor and the second floor plans so I think that's actually what you're contemplating for the Collins Avenue project the bike parking there the the bike parking has been relocated to the Bike Room on the ground floor on the ground floor so it's 100% enclosed enclosed but so and this is where it gets a little tricky because we're not the discussing the Collins Avenue project but I think that you're because we have the plans in here for both projects even though it's kind of shaded out as separate application I just want to you know give my my advice here which is to the extent possible in the other project which is again not before us today but to have that undercover because right now it's mostly the majority of it is is not undercover and that could be problematic especially since it's a residential building and those would be long-term storage in many cases okay so that's that is that thing there um in your in your diagram where you're showing the the changes for the transportation requests yeah the letter e for the second of those two slides all right so they they I can't read it but I believe they asked for additional 5et and then you kind of in blue you're shap dating in part of that bike room so are you making modifications in order to accommodate that additional 5 ft that's that's a planning request that's not a transportation request but in order to accommodate we're going to have to Reign wejust that room yeah but we we've we're confident we can keep the same number of bicycle parking spaces in there we might have to remove some of the storage which is that Center um exactly lockers those are like storage for the the town homes if we if we need to to accomodate the rest of the bikes we will so that's the plan and this kind of brings me into the the next question and comment which is vertical storage of bicycles um my my question is how does that work with micromobility as you know ebikes are and and scooters and whatnot are much more common now and they weigh more and so my my question or concern comment is how is that going to play with you know some of the tenants whether the the residents there or the of the office use they may have ebikes and and I don't know how that's going to work on a vertical type storage system I think we'd have to dedicate some of them to it's it's kind of going to be like the EV Chargers where some of those spaces are going to be allocated for the lower you can't lift the scooter up so we're going to keep the ground floor open for scooters uh or ebikes and then the upper parts will be for a more traditional bike but the ground the ground level ones both Wheels on the ground you don't have to yes unless there's a system that that that that we find because sometimes there's products that where you can just have the rear wheel or it lifts up if we can find a product that's more that's a space saer we would look at that got it yeah because if you are redesigning or have to do some redesign I want consideration to be given for micromobility sure and then also again uh you know electricity yep perhaps might be something that you would consider um the other thing is you know I really like other my colleagues have mentioned this but the mix the mix uses the town homes always are great for a number of reasons but also they add to the they add to the vibrancy of the street front and you know more eyes more eyes on the street which is always a better thing um talk about the TDM Transportation demand management strategies this might be for Graham or for both of you but you know what do you have in in mind in terms of information in terms of Bike Share is there possibility to have a bike share location on premise if there's not one nearby uh memberships you know if it's appropriate and then again we're not we're not there but but the retail space is always inviting for food and beverage and food and beverage means you know high-intensity usage a lot of employees and would that be taken in consideration if that was something that was chosen down the road as well yeah so just from an operations point of view I can speak to the operation side um whenever we have a ramp we really like having a ground floor that's sort of tucked behind the ramp that's for service that's what I was mentioning that the gate arm and all that so that employee parking and Specialty parking EV or even the the scooter access and all the scooter charging stations or what have you are sort of all uh separate from the ramp so we separate we we we separate the circulation of people who are using the parking structure from the service basically so in this plan um when you come in and you're kind of uh we're talking a lot of that uh service use sort of behind the the put back just for a sec oh sorry yeah I was speaking too so this location the the ramp is east of the circulation of this service so this most of this parking is probably going to end up being used by whatever is servicing either the the retail whether it's FNB or dry retail what retail whatever it is but that access so there's access from the lobby there's access to the to the service spaces there's access for fpnl and other storage areas so all of that ends up sort of being a lot of these service areas that are very useful for all that type of consideration yeah and that's why those four spaces have been provided right right for the car pool the car pool spaces are on the ground floor adjacent to the the back of house area right so that's a you know for the that's really aimed at those employees right and it's sort of out of the circulation of people who are using the office building okay the townhouse spaces are they is it a shared parking level is that is that how we yeah exactly that's how it's until we until they figure out how they want to sell the spaces or operate the spaces for the cond for the town homes then I'm not sure how they divide up but the but the counts are there and it would probably be dedicated for the town homes okay and that's another rationale for having the EV spaces on that level too right because that EV level two charging makes sense in the residential context right so having that adjacent to those tow houses makes it more attractive to use it but you have a TDM strategy as part of the application an actual I don't know if we have the slide for it I thought we had submitted it as part of the application challenging me Matthew oh yours see Mr Vargas gets to do something after all yes why don't you come up and and share it good afternoon Wen Vargas trap Tech engineering uh we did uh provide a TDM plan uh to the city and we have a couple of recommendations one was to provide um um bicycle and U bus transit information at the lobby of the residential building and also um we recommended providing um city bus passes to office and Retail employees offer them two free passes a year and also um yeah but both Transit passes and uh and bicycle passes to free for office and reachal employees so that was what we uh we recommended that's on page um 79 of the board packages in the transportation memo and and that's and that's not counting the carpool spaces that we were discuss so for for staff how do you or Michael how do you verify that the strategies that they have offered and are part of the order um how do you verify that they're actually implemented that's typically something that's done or should be done as part of a progress report and then um this isn't necessarily for this application but I mentioned to you earlier Michael uh you know the size of the vehicles that are Servicing say whether they're food deliveries or in this case it could be like Furniture deliveries and whatnot um and I'll probably sa this for the end but I wanted to have a discussion U amongst our board at a future date where we could talk about you know the size of the trucks that are um servicing these different establishments especially those that are under our our purview on the planning board and what we can do uh if if it's something that we want to do to offer recommendations to to the city Commission in the future so perhaps Mr chair we can um at the end of the meeting we can briefly touch on that we already have that condition in here limiting the size right that's for C uh no vehicle should utilize to service ability exceeds the maximum size of loading spaces so the maximum size is 10 x 20 so according to the order you don't anticipate any any Vehicles larger than that I mean that's the condition right so that's the size that that we have and again as I noted earlier I think that the nature of this use um will not necess we don't anticipate significant large truck traffic it's right I think the largest use would be uh Furniture coming in from the for the office use and I think 10 x 20 is pretty fine for for office okay I mean I I think it's a great you know great to to try to limit the size it's just my hope is that enforcement of this you know whether self- enforcement or or or staff of the city who who would be in charge of this can make sure that that happens for this project and others as well yeah I think it's especially important when we have larger projects that are say at restaurant use and they anticipate having a larger vehicle that the the applicant needs to be realistic in the size of vehicles they're going to use to service the facility and the code is actually does say that the the loading spaces have to be sufficient to meet the size of the vehicles but I think it's a matter of being honest up front so we don't have issues which I've seen in the past we have larger delivery vehicles coming on the site and the site can't accommodate them yeah so a discussion for you know future topic but but it's relevant here when I you know when I can see on here you know there's 4,000 square feet of retail space and then the other side of the project has almost 7,000 those potentially could be large food and beverage establishments with large you know trucks from the food prors so but maybe not to the size that would require a neighborhood impact establishment review by this board so all right I don't have any other suggestions or comments here uh like I said I'm a I think this a h you know really really great project that you have presented and um so I'm supportive of today any other questions Mr chair yes um I would like to know speaking of restaurants and things like that I'd spoken about some um drainage issues and things like that I'd like to know if you're contributing in any way to any infrastructure replacement or repair we've already been told that we are the whole island as a matter of fact is at Max Capacity and that we are failing in our sewage and water lines and things like that and I'd like to know what if anything you are doing to mitigate what we've already got in North Beach which is a serious issue because I think that restaurants and and the toilets and things like that are going to be a big big issue where we live the um we have not been requested to right now make any changes to the service in the alley I know that the city does have plans um to upgrade the the Ser the existing lines that are in the alley um so I and again I can't tell you sitting here today uh what what that timeline is but we that we have not been we have not been IND it has been no indication to us that there's an issue that we need to mitigate for but I understand that the city definitely has plans to to improve the the width of the existing infrastructure that's thing too that will be reviewed at time of building permit yeah is that something the building department would do or is that to requ building or um Public Works public works okay yeah if there's no capacity Elizabeth we have to deal with it yeah okay thank you we can't get away with that don't you be surprised so all right I think Jonathan's going to move it I would make a motion to approve this one second did I ask anyone was on Zoom yeah okay go so I would make a motion to approve this with the added requirement that they add that the wall for the in the parking garage um and consider consider other uh measures to block the you know lighting going into adjacent uh you know buildings um in addition to adding a um the traffic control devices in addition to the stop signs at each turn in the garage and then a retractable arm at the garage exit um subject to transportation department approval got it I'll second that okay yes she'll seconded it all in favor yes yesos anyone opposed congratulations congratulations thank you so much appreciate your timeful design thank you all righty we're on to code amendments item 8 planning board file 24661 commercial industrial residential height and setback regulation modifications so just to be up front um I'm I'll describe the ordinance briefly and then our recommendation is that the board discussed this and the item sponsor is recommending that after discussion any public comment that the board continue this to the September meeting so just first first for uh some history on this why why why is the recommendation to continue it that's what the the commission sponsor is asking for um additional time to review this ordinance so he's asking for the board to um review it and continue it till September okay and this this goes back and is indicated in our history section report back on March 24th of last year the Florida legislature adopted Senate Bill 102 known as a live local act which in part provides for development incentives and override certain local zoning regulations for developments that provide 40% at least 40% Workforce housing and commercial industrial and mixed use zoning districts now in terms of our city this applies to um we indicated in in North Beach this includes um the cd1 cd2 tc2 tc1 TCC and mxe districts in mid Beach this includes the cd1 and CD3 District districts along 41st Street and also proposed our modifications to the cd1 cd2 and i1 districts north of Day Boulevard including the Sunset Harbor neighborhood now the planning board did adopt changes for the area south of 23rd Street um that was adopted by the city commission back in February 20 21st of this year this included lowering lowering um building Heights because as part of local of local projects that include this the required Workforce housing were able ble to take regardless of the zoning District um height requirements take the highest height within a mile of of the of the district so um for example right now in the North Beach area we have a maximum height of 235 ft so in a commercial District a proper already want to take advantage of live local could work um for example the project we just saw um cd2 um could go to 235 ft versus 55 ft so what this ordinance does is um in commercial District lower Heights generally um in the areas north of 23rd Street in commercial districts from a higher height of 200 for rm3 or I'm sorry um which is the the highest height along the ocean front except for the North Beach over um the North Beach are which is 235 lowers the height from that to 150 ft but Michael doesn't live live look at the tallest existing building no it's the what the code allows within within the district within the city oh wow I thought it was they within two miles no it's with one one mile it's the high the greatest allowed height within one mile of the property oh regard so if you change the height in an ordinance it doesn't matter what existing buildings are there correct okay because I remember when they were doing The Clevelander they pointed to the South Point Tower and said that they could build as high as that building because it was within a mile no but that but the height was um the height was was down Zone to 200 ft Citywide a long time ago and then and then also as part of um um what the Cleveland are subject to now the city commission lowered the height to 150 ft okay so this is in direct response to live life mostly yes okay so this this would be a way to limit correct what live local otherwise would allow right but I just just taking a step back though I I because this ordinance does not um does not Target or or it is not drafted to a rest live local only this this ordinance but it impct was was drafted to look at height and setbacks across um a you know broad range of zoning districts in the city it would apply to all development um including live local projects but it does not single out live the goal of live local is to introduce more Workforce housing in you know wherever those projects might be this was essentially be saying okay originally it was going to be was I think your mic is off sorry sorry the height um so essentially if a if workfor sorry live local was introd was introduced to try and uh introduce additional Workforce housing in these communities so limiting the height taking it from was it 250 ft to 150 ft would essentially be saying okay originally you could do 100 units of Workforce housing now you're down to 50 or whatever that might be no it doesn't change it doesn't reduce the number no doesn't reduce doesn't affect the density it's just it's just limiting the height well if you're limiting the height then you'd have to have a larger floor plate in order to accommodate well you otherwise no no requires 40% of the building whatever it is right right but if you're building it if if now you're you're developing a shorter building and that reduces what you otherwise would have been able to build correct right it doesn't change the percentage or doesn't change the percentage but if you're only allowed to build a smaller building it definitely impacts effess of live correct it does correct okay may thwart the whole purpose behind live live but well it is but again the ordinance does not does not does not apply that's the lawyer speaking we get it it applies to all development yeah by the way before I for Graham I I hate throwing the do you think your client wants these okay thanks this is for correct this is this this applies to all properties north of 23rd Street okay not just North says North Beach development that's for that was for we under staff report I think which page you looking at I'm looking at 81 but I maybe oh that's that's formerly known as okay for yeah so the discussion started with North Beach anded sorry I've just changed it so if if if you set back would that be that would prohibit properties from say something like the Shore Club from being done if you're if you've got closer set further setbacks then you would still those would limit those types of projects right I didn't mention what in terms of I didn't finish my review so sorry let me just finish with that so one of the things this ordinance does is lower the height to 150 ft but it also does in commercial districts that are not within a historic district requires um setbacks for residential floors consistent with the rm2 district now that was consistent with our code until maybe 5 years ago the code had setback requirements to commercial districts for commercial portions and if you had a residential portion you had to follow the residential setbacks that code was modified several years ago um to remove the residential setback requirements for commercial districts what this does largely is reinstate those residential setbacks it was to uh I think it was we had we had a lot of variances for for projects in commercial districts that included a combination of of residential hotel and Commercial so it allows the building to be you know pushed out towards the towards the extremities but looking back at it you know having setbacks especially for residential allows more light and air between the tower portions so we do think it's a good thing to in through those setbacks and then also just commenting on the relationship to live local right now a lot of our zoning districts like cd2 don't have a tower so imagine if you if you're developing the looking at the code for cd2 you have your setbacks all the way around there's no reason for a code to reference a tower setback because you can't go above 55 ft so now if you're going above 55 feet we think it's important for the city to look at having appropriate um setbacks now this does increase the setback requirements in historic districts to require uh greater setback and and have less impact on the historic character the historic lower scale character of historic districts and I'm in historic district let me ask you though are you and I understand live live local is a very double a sword um with good intentions but unintended consequences that being said are you concerned at all about this thwarting the incentive to build affordable housing no cuz it it still I can tell you um from what we've seen um the people that are coming in to do these types of live local applications they largely also include a large U market rate component right so that large market rate component offsets any sort of um negative impacts of um um lower height cuz imagine you're going from a a height of 55 ft to 150 ft you get a 100 additional um feet and it doesn't you know typically you're probably going to find the higher higher floors to be the marker rate housing and then the lower floors will be um Workforce housing remind me one thing is the 40% a number of units or a size so you could have oh so it's not size it's number oh so you could build micro units if you had a building with 100 units you could provide all the expensive ones the big ones and you 3,000 foot Mar my concern though is that based on the cost of construction and the cost of land in the city of Miami Beach it seems to be a major impediment to developers actually being able to introduce something that's Workforce housing versus like the project you know the project we just saw so I i' want to hear from the development Community okay if you reduce the setbacks and you're reducing the building Heights do these projects still pencil out where you know we could still offer a meaningful Improvement to the workforce housing stock in our city I think that's part of the reason why we're asking for some discussion again I'm saying I'm saying so that's my feedback I'd love to hear between now and the next meeting what the devel development committee would say all right by the way is there anyone on Zoom to speak on this uh there's not are you here to speak R may I ask a quick question so I'm looking at um page 86 and it says the North Beach areas includes the following historic districts Normandy Isles Northshore star and Harding townsite where is the uh Resort Hotel district which I live in that's you're talking that's the area um that's the North Beach historic district right that's located south of 71st Street correct this is to take place that's but that's um because that's the north short the North Beach Resort historic district is zoned R north of 63rd in nor analysis in North Beach North of 63rd this includes cd1 cd2 TC TC mxe and then you've got to minimize potential impacts on surrounding historic districts reducing maximum height limits in the tc1 rm3 and I'm rm3 the North Beach area includes the following historic districts and my my my area is not listed at all and I'd like to understand why I I think um maybe there was a typo that area is included the North Beach Resort historic can we make that Amendment at some like is that something that we can I don't how does that work I think it's so you're looking at the memo which describes um what historic districts are in North Beach so we can include in the memo when this ultimately goes to the city commission that but I don't think the ordinance actually refers to the districts on their own because the height the the um the changes would apply to rm3 to the entire zoning District right exactly R I just would like that included the just for just for clarification thank you and then uh Mr chair if I could before we go to Graham over there I'm trying to wrap my head around the the tower setback requirements here and uh from the front so like the main Frontage you know we're looking at between 110 and 140 ft and I get how that works in the rm3 which is ocean front deep Lots right you can still have a tower and still and still satisfy the setback requirements in some places though not in all but but not all but I'm looking at like for instance in cd2 you doesn't seem like you'd be able to have a to that's that's that's the general consent that's the general idea of this that you would not be able to do this on a small a smaller lot that's historic that doesn't have that depth okay that's what I that's what I wanted to hear so intent is is to Historic districts is historic well more than just historic districts right right but so if you look at the setbacks the more restrictive setbacks noted in the memo at the beginning yeah or historic districts although outside of historic districts the typical rm2 setback required requirements would apply to the Tower and that's listed on page 87 of the staff report okay so you can see for example the required front app for the tower is um let's see just find it here the front set back is is 20 ft for the pedestal and then it's 20t plus 1T for every additional increase in height above 50 ft so if you had if you had a tower that was um 150 ft have an additional um um you would have you would have a setback of 50 ft a front setback of 50 fet because the maximum is 50 ft okay so this does not apply I'm sorry if I'm asking a question you might have already answered does this apply in the Town Center districts yes it would apply uh what what you just described the additional foot for every foot over 50 ft well this there's already there's already setbacks we're not modifying the setback requirements in the Town Center because they already have setback requirements we are modifying the height and I don't think it would apply to anything that's already come before this board and made right anyone who has a line I mean this doesn't until until the planning board makes a recommendation is positive this would not be zoning in progress okay so the intent is and I'm making this very it's high level but the intent is basically to prevent Towers U any sort of application for a tower in a historic district where they are not currently permitted correct okay that doesn't have the the sufficient lot depth to support a a tower okay thank you you ready for the public really bad Poker Face I'm not attempting to hide my chagrin R and Pen BR Howell Fernandez more I can tap it his 200 sou this G boulevar couple of things based on my reading of this just as an example the beautiful project we just saw is impossible right the the the as you noted Matthew I we would be subject to 140 foot front setback on Collins Avenue for that project guess what that leaves 10 right and guess what the rear setback is 10 right so it is very clever way of making towers and PO anything over 50 ft impossible right and we just saw in my opinion a beautiful project that the hbb loved within historic district that was approved unanimously that would be impossible but that's just one example wait but Graham there was approved so why why is it impossible I'm just talking about this I'm not talking about that project I'm talking about other we're talking about policy right looking forward if the policy of the town of the city is uh to move in the direction of this ordinance that kind of development would be impossible someone up further up the block couldn't do re replicate that that's just one example the the the the the Harding parcel the the portion that was literally in front of you uh today we could not put those town homes where they are right they would be subject to rm2 setbacks which would mean 20 F feet which would again squeeze it in another Direction so the bottom line is in in my opinion this is a sledgehammer and we we understand why the sledgehammer is being wielded or proposed to be wielded but it will have significant unintended consequences negative consequences in encouraging in dis actively discouraging mix use Redevelopment within the city cd2 CD3 Redevelopment with mixed use projects will be in my opinion significantly less possible you know not in not even taking into account live local once you start reapplying these uh the rm2 setbacks in these Redevelopment areas it will become essentially impossible to build the workforce and affordable housing in the commercial districts that the commission keeps saying that they want and I think that this board is supportive of as well so with that I think obviously this is this is a big thing to chew on and I appreciate the sponsor suggesting that this get continued so that we can continue working on it and and fine-tune this but as it's drift drafted now I think it will have significantly negative consequences outside of the live local context on any mixed use Redevelopment within the within the city so that's my my piece on what are your thoughts on the height restrictions because I think the setbacks we are are a little dangerous um to navigate but just want to hear your thoughts well I mean as a as as a member of the land use bar I'm never going to be stand up and support but you have clients that are developers and so so at the end of the day I understand a setback concern but if the heights are still you know considerable Heights to to increases yeah I look I I think that the the assuming that the and I understand from Mr cerges is reminding us that this is not aimed at live local projects of course it isn't um that the the the the the modification to the height will have a negative uh connotation for that kind of Redevelopment but I you know candidly I think that the this real significant change here is the returning to the rm2 setac and the in the the insane setback pardon my French uh in the historic districts the idea that you are essentially Banning Towers in the historic districts um you know by by virtue of the setbacks that are impossible to meet I do think I do think that BR Grant brings a good point regarding the the setbacks for residential portions and Commercial districts within the within the pedestal so I do think that we can tweak that and you know not have a 20 foot setback required in a commercial district for the PED pedestal portion and focus on the tower so I do think that's that's warranted what what's your idea of a tower just I mean the definition of a tower is any piece of the building that's over 50 feet high right and that's and that so that's when we're looking at these standards you say for example my building is a total of 55 ft High that's when we got those approved so that boom that would make you have to cut 10 ft off the building automatically and I don't know what else that would what these regulations would do to that project but the the the other thing that I'll note part of the and and Michael noted this in his in his comments part of the reason reason that we walked away the city walked away from the rm2 setbacks is that they become incredibly punitive uh especially in larger properties right we have I can't tell you how many of these developments I had to wave the interior side setbacks the waves project that was one I think we had multiple variances associated with that simply because of the length of that property right that once you start assembling larger blocks that setback gets it gets uh really punitive so that's another element where I think in some ways it was a blunt instrument that um that we needed to end up varying a lot and that's something that I think you Pi up a good point you know I and this applies to even single family properties as well is it appropriate to have based upon the zoning District a Set Side setback for a project versus a percentage of the lot width right now it's a percentage of the lot width and maybe it should be looking at a specific number as a separation I agree yeah and or a cap right or some other mechanism that will uh reflect that circumstance when you have right right now we have um for example rear a required rear yard setback for single family homes of 15% of the lot depth with a cap of 50 so you're not penalized if you have a 400 foot deep lot on on Star Island so I think it's a more sensible way of approaching this and still you know um um address CI do it is they have a number most cities that I've encountered have set numbers as opposed to a percentage of the lot um so again I would ask that that we keep working on this and hopefully come back in September with something that is uh a little bit more balanced I appreciate it thank you oh one question for you do you live on the beach no I live in the beautiful city of Hollywood okay but on the beach no I actually live in uh interior west of I95 okay thanks we do have one public comment on on Zoom now okay um Sarah's iPhone 12 hi Sarah can you say your name for the record hi Sarah de los Sor har Sor Harvard neighborhood association I just I was just reading the analysis and include Sor Harbor because I saw I saw your address from 23 North and in clud Sor haror I just wanted to make sure of that that's what I read in the in your staff report correct yes sir that's correct okay perfect that's all I wanted thank you thank you thanks Sarah all right so I want to move to uh but what are we till September you said I'll I'll make continue to September 24th make a motion to continue this to the September 24th meeting in the meantime uh for the commission to get additional feedback from the development Community to see how it impacts that's second proposed developments okay all in favor I anyone opposed okay okay let's see last but not least item nine planning board file 24682 accessibility ramps and single family districts this should be much less controversial yeah yeah Graham oh this one Graham Le for so um this was referred to the planning board by the city Commission on May 15th of this year um what this ordinance really does is a lot more flexibility for the placements of accessible ramps and walkways especially for older homes that may be already capped out in terms of the their um maximum allowed walkways or perious area in the front yard this allows somebody to install an accessible ramp in the front yard or Street sidey yard that doesn't comply or that already max out their maximum Green Space and allows them to install a a um a ramp or walkway for accessibility and not have that ramp have to comply with the previous landscape requirements it also reduces the the side setbacks to as little as zero for property to accommodate a ramp for example if you have a house with a 5ot setback on the interior sidey yard um the ordin the otherwise you would not be able to install a ramp along your into your side yard this allows a ramp to be constructed up to a zero setback up to the first habitable level so recommending the planning board does transmit this to the city commission with a favorable recommendation can I go on this sure I I think this is great the only issue I have is on uh the January 1st 2024 I think it should be you know as of today or or some prospective date but I think that it's it's a great thing and kind of allows people to become it's called Ada accessible um which is a great benefit for anyone and maybe you want to if you want to make a recommendation that it actually be um based upon the effective date of when is adopted by the city I don't know if there any other comments but I would make a motion uh to to send this to the commission with a favorable recommendation but making uh you know making it as of the effective date I would second that motion okay any any questions or comments before anyone on Zoom there's nobody on Zoom with their hand raised okay Graham you here to speak on this okay all right if if there's no other questions then all in favor I anyone opposed okay passes with our recommendation thank you I think Matthew want to discuss you want to talk about discussing um loading zones or having it on this future agenda yeah yeah so I kind of touched on it briefly um I asked Michael about it before the meeting started today uh we've talked about this in the past and and myself as a member of the public I've come before this board uh previously as well about you know there's a lot of food and beverage and um the food and beverage are served by the large food prors you have your cisos us food Cheney Brothers and I'm sure we all see it they circle around you know zigzag Miami beach every day with their you know their 18 wheelers their their large tractor trailers these don't fit in loading zones when I say loading zones like off Street loading zones uh so they're always on the street and uh you know one of our our our duties of the of the board is to is to evaluate the conditional use criteria um and in there you know there are things that touch upon you know the externalities of these large businesses so um you know to the extent possible you know maybe we could have a discussion in the fall and have the proper stakeholders be present whether that's uh folks from transportation and parking folks from the industry as well and uh you know we could not just have a discussion but perhaps offer a recommendation to the city commission I personally think this is something of of high value to evaluate and um and I I would hope that my colleagues would as well and perhaps we can we can do something about this in a positive matter so um if you guys would like would you like to schedule a discussion item on this for September October yeah let's do is September a busy calendar September will be really busy because we don't have August we have we do October October okay yeah we'll put this on as discussion item for the October planning Bo meeting and then we can U you'll reach out to the relevant stakeholders I could work with you Michael um later on this summer to to help identify you know would be um you know relevant to have here and perhaps we can do some homework before as well sure interesting to see other cities who've taken on you know making those kinds of changes yeah you know understand consequence of that and definitely I've seen other cities as well not just the size but even the safety features uh they put these things called side guard rails on these big box trucks and trucks and what that does uh just you know kind of like summary is if if a truck hits someone instead of the person getting trapped and run over by the rear wheels it kind of pushes them away from the vehicle uh you know these are these are small things but but uh you know very very important in a in a dense walkable uh City like ours here so whatever you know we can do to help in increase Public Safety think is that's great okay anything else meeting adjourned thank you we'll see you all at July 30th um so for July e e