Please take your seats. The meeting is about to begin. Remember to speak into the microphone as this meeting is being recorded for public record. Please stand by. We are going on air in 5 4 3 2 1.
>> Good morning and welcome to the January 8th, 2026 meeting of the design review board. We have a shorter agenda today as well as some housekeeping items. I'm going to refer to city staff to continue
us on. >> All right. So, let's uh start off. I guess the first item is the attendance. So, I'll do a roll call. Um Miss Pakaboli >> here. >> Mr. Denderfer >> here. >> Miss Giller Nelson >> here. >> Mr. Lester
>> here. >> Sluen >> here. >> Mr. Meshber >> here. >> Mr. Pis >> here. >> We have seven of seven members. We do have a quorum. and I'll turn it over to the city attorney for updates. >> Thank you and good morning. Today's
meeting of the design review board is being conducted in a hybrid format with a quorum of the board physically present in the commission chambers at Miami Beach City Hall and applicants, staff, and members of the public appearing either in person or virtually via Zoom.
Those wishing to participate in today's meeting via Zoom may dial the toll-free number which is 888-4754499 and enter the webinar ID which is 82273941924 pound or log into the Zoom app and enter the webinar ID which again is
82273941924. Individuals wishing to speak on an item must click the raise hand icon if they are using the Zoom app or dial star9 if they are participating by phone. Before I swear in those who are testifying, I am going to read into the record the city's notice regarding lobbyist registration.
If you are appearing on behalf of a business, a corporation, or another person, including as an architect, attorney, or representative of an applicant, or an objector, you need to register as a lobbyist with the city clerk's office before you speak to the board. If you haven't registered yet, you should register prior to appearing.
You do not have to register as a lobbyist if you are speaking only on behalf of yourself and not any other party. You are testifying as an expert witness, providing only scientific, technical, or other specialized information or testimony in this public meeting, or you are appearing as a
representative of a neighborhood association without any compensation or reimbursement for your appearance to express support for or opposition to any item. Expert witnesses and representatives of neighborhood associations shall prior to appearing disclose in writing to the city clerk
their name, address, and the principle on whose behalf they are communicating. These rules apply whether you are appearing in favor of or against an item or encouraging or arguing against its passage, defeat, modification, or continuence. I will now swear in everyone who is physically present in the commission
chambers and intends to provide testimony. Virtual speakers will need to be sworn in one by one before addressing the board. So, if you will be giving testimony today, please stand and raise your right hand. >> Do you swear or affirm that the testimony you will give in this proceeding is the truth, the whole
truth, and nothing but the truth? >> I do. Thank you. >> Thank you. >> And now we'll move on to the approval of the minutes. >> So moved. Second. >> Okay. Uh, all those in favor? >> I I >> I
>> I motion passes. Um, okay. So, we we do have some housekeeping. Um, unfortunately, our our wonderful chairwoman uh and our vice chair. Um, our their terms have expired
on this board. Um, it has been amazing uh having you both here. Um so unfortunately uh since it is the first meeting of the year uh we have to select a new chair and a vice chair. Um so that's our first housekeeping item um
that we'll have to undertake. Um so that can be done by someone making a motion for a chair and then we can take another motion for a vice chair in a second and then taking a vote. Um or if there's any other method that that you would prefer to make the selection >> we can undertake that. I think we should
just sort of nominate, you know. Um, I'd actually like to nominate Adam to be the chair. >> I don't know if anybody else has any other nominations. >> I second the motion. >> Second. >> Okay. All those in favor? >> I.
>> Any opposed? Okay. Motion passes. Congratulations, Mr. Chair. >> Congratulations, >> Madam Chair. >> Thank you all. Madam Chair, I'd like to nominate Miss Pekk >> for vice chair >> for vice chair. Okay. Do you want to take a vote or roll caller?
>> Do we have a second? >> Second. >> Okay. Uh, all those in favor? >> I. Any opposed? Okay. Motion passes. Congratulations, Madam Vice Chair. >> And I'd like to thank Scott and um Miss Nelson for her time and for both of
their times over so many years. um and their care for all the projects that came before them. >> Okay, thank you very much. And if I could just say thank you to all of my colleagues um and also to the members of
staff who over the years have just been such a fantastic resource. Um this has been a really great experience. I didn't expect to en get so much satisfaction out of this as I did. And I think everybody can agree how much it means to us to be able to give back to our
community and to be able to lend our expertise to making, you know, our city the best version of itself. So, thank you. Thank you everyone. >> And can I say I just like to thank staff as well and Sarah and everybody who's been working on here. I will say that um
we've had some controversies, but I think that in general we've made a big difference and I look around the city and see some great things that have are better because of this board. So, I really appreciate the opportunity to serve. Thank you, >> Madam Chair. Um, I'd like to thank staff
number one because staff is always on point. They're always willing and able to answer any questions that I may have uh at any time. So on behalf of myself and I'm sure that I speak for many of us um I would like to thank the staff Roelio and everybody else of the team
Gabriella and yourself um for everything and and and actually for being so professional and you know and and what I like about Roelio is that he doesn't bring his own opinion he brings history behind it. So when you make a decision you make it based not only on facts but
on history as well. >> So thank you. >> Thank you so much for the kind words. Um we have an amazing team. Um, but it's it's our job. It's what we're supposed to do. So, we're we're we're very happy to do it. Um, I do want to some good news is the city commission has not
appointed any replacement members. So, um, to uh, you Mr. Defender and you, Miss Giller Nelson, um, you can stay for today and then hope if the city commission does not appoint, you get one more meeting. Um, so um, so some some potential good news there. We get to uh,
enjoy your presence for hopefully another month. So, um, and thank you for the kind words. It's it's a pleasure working with this board. This board is very professional. So, um, we look forward to continue doing that. >> Adam, you're on. >> I'm just put put on the spot today.
>> Yeah. >> Um, >> do you need uh anything we can assist you with? >> Do you want a coffee? Yeah. >> Is that okay? If if if I do the first one and then we can ease Adam into it.
I'm sorry. I didn't I didn't mean to. >> Don't overthink it, you know. Um Absolutely. >> Okay. Then let's do um I guess the request for continuances to vote on. So that's DRB251100028
Venetian right ofway and DRB 2410611414 Alton Road. Can we vote at the same time or >> the the um I I would prefer that they be handled separately because the second item they may be requesting us um that it be continued several months into the
>> um so for the first one uh similar to the situation we've had. It's just the plans are not ready. uh they're not finalized yet. Um it's likely we're going to readvertise the item at this point, but in the meantime if we can just continue it to the February meeting um and then we will uh reassess if if
the item does need to be renoticed at that point. >> So I move that we defer the U DRB25-10028 Venetian rightway to the February meeting. >> Okay. >> And is February 12th. >> Okay. Uh we have a motion by Mr.
Bagawali. Do we have a second? A second. >> Second by Mr. Diffen. Therefore, all those in favor? >> I. >> Motion passes. >> I make a motion that we defer to a future meeting DRB24-1061414 Alton Road. >> Good morning everyone.
>> Uh Graeme Pennard Fernandez Lark and Tapin is 200 South Biscan Boulevard. Happy New Year to everyone. And again, I'd like to thank Sarah and Scott for their service as well. weren't always easy on us, but uh it was always nice to do. >> Uh as to this one, I mean, I guess if if
we have to defer to a date certain, we would request April at this point. Um uh and we understand based on my discussion with Mr. Garveto, it's going to have to be readvertised. This is the Bank of America site. The bank is still working through the final version of the plan
they want to bring forward. So the earliest we could file for the new final submitt would be in February. So that would get us to the April meeting. So at this point we would request the April meeting. Um and then fingers crossed
we'll make it. Uh so that that's that would be our specific request at this time. >> What is the uh the date? >> April 16th. >> So that would be April 16th. >> And again it would need to be revertised anyway. So, Roelio, is it okay to defer it to a
future meeting or do we have to be month specific? >> Um, we need we need the board to defer to a to a date certain. >> Okay. So, I revise my motion that we defer to the April meeting DRB24-1061 1414 Alton Road.
Okay. Second >> by Mr. Pas. All those in favor? I >> I motion passes. Thank you. >> Thank you so much. Okay, we're now going to move on to new applications DRB 251123
2301 Alton Road. >> This application has been filed for design review on an advisory basis for the installation of a sewer pump station number 25 at the intersection of Alton Road and West 27th Street with the
within the Miami Beach Golf Course property. The works includes the installation of a new pump station, outdoor management system, electrical equipment, underground utilities, fencing, and landscape screening. Okay. So, this this item is before the
board for an advisory review. So um what happens in this situation is any recommendations that you have get transmitted to the city commission via letter to commission and the ultimate decision on this item because it is a city infrastructure project um is up to the city commission to take those
recommendations and and and um and hopefully implement them. Um the the proposal here is for a sanitary sewer pump station. Um this is necessary uh to handle current and future wastewater demands. As the city grows, the the
pumping system needs to grow with it. Um so this is uh intended to handle the current the current uh loads for the sanitary sewer system and any future projected growth. Um the pump station will be uh screened by via landscape hedge. I believe they're using Clusios.
Um and then just a a fence around it. The gate um will have a vinyl covering so it won't be view so it won't be seen as a as a chain link fence within the within the pumping station itself. Um there's going to be the generator, the electrical systems, those those are the primary things that are going to be
above ground and then an odor management system to ensure that there there is no smell. Um and this they are going to be using technology that's been used elsewhere in the city. Um and we haven't heard of any complaints um in other parts of the city. Um so with that, I'll turn it over. of the the consultants uh for the city are here and they're going
to be presenting uh the item. >> Do we share one mic? >> Um you can use either mic. Yeah. >> I think there's a presentation on >> Yeah, we sent a presentation yesterday to be
>> good morning everyone. Uh Martin Medino with Stantech Consulting and >> and I'm Morgan Gillis with Santech also. >> Okay. C can you bring up the presentation? >> This is uh DRB 241023 1123. >> One moment.
>> Raalio, you mean DRB 25123, right? Sorry. >> TRB 251 1123. Yes. >> Should be up in a moment. >> There it is. All right. >> Well, good morning everyone. Um again,
Stanton Consulting here. We're helping the city with the DOT APA project. Um the raising of the Alton Road along with the pedestrian corridor. And as part of that project, we're also um improving the infrastructure there. Um there's drainage, water man, and a sewer sewer
line that's being introduced. Uh so this is pump station 25, which is collecting that sewer from Alton Road and then pumping it under the golf course towards booster station 28. Um, do we control the the slides? >> Yeah, I think so.
>> Yeah, >> there you go. Thank you. Um, so this pump station, pump station 25 is on 20, it's West 27th Street, um, right like at the middle of the golf course, um, on the on the west side and it's
Yeah. So, you have it there. Um, currently, it's just an open area and we're going to introduce the pump station. As Mr. Roelio was mentioning we have a a wet well, a biomp system. Um we have an order control facility, some
landscaping, um electrical equipment. Uh we have a new manhole coming into the station. Um and the main objective here for you guys is to is to show you how we plan on screening the station. All right. We're putting a a fence, a chain link fence around the site um with the
vinyl with the black vinyls and then the Kucio shrubs. Um, we do have a new transformer that's also being screened there. >> Yeah. So, this is the the final look here. Um, this is looking east. You see the driveway going in. The driveway will
allow your maintenance vehicles, including your back trucks to pull in nicely. Um, and also maintaining that pedestrian corridor, right? You have a bike lane and a and a sidewalk that we want to maintain there. And then we're shielding all of that from the golf course.
with this Kusio shrubs. Um we also wanted to note that um we're adding in along with this project we're at the with the project is a new corridor sidewalk and bike lane. So that's going to be part of the overall alter improvements. So this project is designed to integrate with that. As
we're adding in the bike lane, this will be further offset from that. Um, we're also going to be elevating some of the generators and transformers, but along with elevating that above the design flood elevation, we're ensuring that our shrubs are going to be even higher than those transformers, the top of the
transformer and the top of the generator. And we're also going to be keeping the existing golf cart path behind the station, so we won't be interrupting any of the um landscaping of the actual golf course.
Here's some more photos, some more views of the landscape we'll be providing for the pump station. So, you can see the view from the bike path. It's um the pump station will be to the right of it. And one thing important to note is we are installing a odor control system
that has been used in multiple stations across the city. Um for example, there's one in Sunset Harbor that's been used this biocontrol system in conjunction with the wager control system. The bio system what it does is actually treats the odors that are being come coming from the station. Then there's another
safeguard of that wager control valve which will be put on top of the one opening for the pump station. And this this whole this whole process designed to treat any of the foul odors generated by the station. And another addition that we're adding
to the station is um FPL is going to come in and add a new transformer in the parking lot of the golf course so it can connect to our new station and provide power for the pumping and for the odor control system. Um and I know one point of concern was
the design flood elevation. So we are ensuring that our um all of our electrical equipment is raised at least 3 ft above the base flood elevation. So, our base foot elevation in this case would be um 8 ft and then we're going to be raising all the way to above 11 ft
and GVD 29. I think now we'd like to open up to any questions. >> Thank you very much. Um are there any other members of the public wishing to speak? Is there anybody online? >> If you're online and you'd like to speak, please raise your hand.
>> I see no hands raised. >> Okay, I'm now closing the public portion. Akale did you need? >> Yeah. Yeah. Three questions I would like. >> Uh first the um vine that that's gonna be installed in the fencing said it'll be colored. You said it was going to be
the color black. >> Yes. >> Is there a reason I we could not change it to green? >> Um it was a in the uh questioning from the initial RFI or initial RFI when we submitted our project, you requested black in the >> regressive black. Okay. >> Yeah. And in other projects that we've done with landscape architects, we're
engineers, so we're not about the pretty stuff, but the landscape architects have always advised us to use black green seems, you know, >> this seems like the contrast with the green shrubbery in front of it would cause you notice the fencing behind it more if it's black versus green. >> They've advised us that black kind of,
you know, blends in better. It kind of fades away better with the with the green. So, >> okay. Uh, second question. The shrubs, you said they're higher than the fencing or the shrubs will be higher than the generator. ahu and the electrical equipment, but do you know how much higher it will be?
>> It'll be the we have on the on the specs that the contractor is required to install shrubs at mature height 10 ft. Um and that's 10 ft above grade. The fence is also 10 ft above grade, which is >> it's going to be right at the same height level. >> Yeah, it's going to Well, the fence and
the and the shrubs are going to be at the same level. And then the top of the control panels, it's I want to say like nine or >> Yeah. Uh yeah, like it's it's there's about a foot of difference between the top of the panel and the and the top of the
fence. >> Okay. I just think it would be nice if we could have like at least three or four inches of shrubbery above the fence line. So you don't have any chance of seeing it from like a a bus or like a tour tour group driving by would see >> okay >> that it's a like a plant or something.
>> We can look into that. I I don't know if you guys issue a comment and then we can address it and or I can just bring uh make sure that we address that with our PM. >> Okay. And then the last question is I see that you you mentioned that you're installing a bike lane and there'll be um there should be traffic coming in out
of that station with a uh from a pump station with equipment. Will there be like a mirror or ballards or any type of other notification that there is going to be coming that there will be a equipment or vehicles coming in out that station? So cars or bikes, bicycles will
be aware that there's potential traffic coming in out of that area. >> Um well, yeah, we have a there's a driveway coming in. So that'll be a permanent driveway there. So like it'll be going over the sidewalk by any means. >> I guess yeah, the driveway would notify it that you are cars will be coming in out of it. But I wonder if there should
be anything else like a mirror, you know, blind spot mirror coming in just in case the equipment the cart a truck coming out of the plant will sideswipe a biker. >> Um that's a good idea. the blind spot mirror. We can we can incorporate that in there. >> And
I'm trying to think of what else we can do. >> How often do you anticipate cars going in and out to service it or >> maintenance? Could be like once every two weeks. >> I thought I thought it was like a daily maintenance. Okay. One or two weeks trucks coming in.
>> Yeah, it's large maintenance trucks um to pull a pump out or replace a pump or vac out the station. >> Okay. I thought there' be a crew in there every other day or daily, but if it's every other week, wouldn't hurt to have a a blind spot mirror or some type of ballard that indicates that there's
>> the ballard though. I'm trying to understand um how the the purpose of the ballard um is it to kind of delineate the the entrance >> just to protect the fence in case of equip the truck uh >> takes a turn too quickly or you it's not
not necessary but I just think it makes it more established that's an injury for a uh plant or protected surrounding fence and >> yeah because we usually don't don't put a a ballard um at entryways for stations because I think that we make the >> it's more warehouse and industrial type
of or commercial use for a building. But >> yeah, we make them we make the driveway wide enough. It's a standard um grab aisle and then we looked at uh some models to make sure the trucks can come in, make the turn. >> Okay, that's my question. Thanks.
>> Can I um you show that there's um a wall of Clucia surrounding the pump station >> um from the golf course side as well as from Alton Roadside and the and the sides. Can you at least take um into consideration putting some more mature
Clucia so that we don't have to wait a few years for it to grow to the 10 feet or 8 ft that the pump station will be? And can you also incorporate maybe some trees because that whole stretch uh on
Alton uh along the golf course between Alton Road and the golf course, it's a variety of trees >> um and palm trees as well. But can you incorporate some trees along that wall
of clucas either closer to the bike path or closer to the golf course to sort of break up that wall and make it look more like part of the rest of the landscaping on that edge of the golf course? >> I can certainly talk to our city PM
about that because I know cost is always, you know, the the a thing that that we're being mindful of. Um, right now, like you said, it's just a Kioal shrub and that's it. We're not it's not necessarily like marrying, you know, harmonizing that. It's not a landscape
project, but I can bring that up to them and see if if they're open to that or or maybe we can provide a concept that can be done by the the golf course. >> It's not a long stretch. uh you know it's not a big wall but if you they can incorporate a couple of trees at least
it'll break up the the the landscaping of that Clucio wall that will look very different from the rest of the landscaping along that road. >> We are keeping the existing trees. So there are there's a a bunch of palms and then there's also another I think it's an oak tree right next to it. So we're
keeping them on either side of the landscaping as well. Yeah, the ones to the side, but the ones facing the golf course and the ones facing Alton. Is there no space? I I see that there's space towards towards the um the golf course, but is there any space towards
Alton that any green space where a tree can be incorporated? >> We have we we made a it we're very tight on space. You have the the bike lane and you got the the sidewalk and you have a 3 4 foot >> width where we're going to squeeze in that shrub
>> even that's kind of tight for the shrub. So we won't have space for a tree there >> even if they're in the sighteline like north and south driving like planting on the corners just to cuz it's Clusia right and I think mature ones it's going to block the fence we don't want to wait
two years for it but varying it so it just doesn't look like screening which it is that's what that's all it is right so if you're driving up and you've got a couple of a cluster on the corner maybe it's a little a little more varied just plants >> yeah no I I understand what you guys are
saying so Um, again, I'm not sure how the process is. Um, so I I'll definitely bring it up to our PM >> and then do we follow up with you guys via email or >> I guess >> how do we resolve >> the the decision will be up to the city commission on on if they want to take
the suggestion or not. Um, so when they pass their motion at the end, I'm going to I'm documenting >> uh the comments that I'm hearing so that we can see if if for the motion uh there's something that that you want to include for the final recommendation. >> And I mean, is it better to have all the
same so that you don't notice it or is it better to have variation and then you do? I mean, that was the question that I was asking myself as I was looking at it too cuz it does seem to be one solid wall of the same. But then I then I was thinking that if it was it was different
it then became a focal point and I think the sense that I'm getting from the city from you guys is that you don't want people to notice it which I also think is a good I mean that's the question for us. Do you want do we want this to become something nice or is it just
something that everyone's going to drive past? >> I think the variation makes it less artificial apparent. Uh-huh. >> So, >> do you need We'd like that variation cuz it's see a moss wall or like a you know when you go to like a restaurant you see that big >> vegetation wall plastic fake wall. I can
tell immediately this is a fake green wall. But if it's very has some variations in trees and some different types of shrubs >> that shows natural organic looking type of >> interface. It's like a it's a more natural looking. >> Okay. and is everybody. So it seems like
the direction is more instead of having one monolithic tree type or vegetation to maybe create some variation within it from what would you say different species and different heights again masking
um but to not have it be this one sort of monolithic wall. And if I if I can add on that, if um it seems like the odor control has been addressed, but you know, perhaps if we're if the you go down the road of um doing different
types of plants, you know, do some plants that produce a a nice odor or something to to incorporate into the planting scheme. >> What' you say? >> Like lavender. >> Yeah. Right. Something >> taller than lavender. Right. >> I would caution though the reason they're using this Kucio is cuz it's
completely impervious to pests. It's thick. It's drought resistant. It's really windresistant. >> You get other things and they start dying and then you have this fence. So I would really caution to like leave the alone. >> Yeah. I think what we basically all
agree with is that we don't I believe we don't want to see a wall which is formed by a hedge very different from the rest of the vegetation along the uh golf course uh between the golf course and Alton. So if you can add some variety in
there, uh some trees, some different types of vegetation that can form a a blocking of view of that pump station would be would be a good idea. Thank you, >> Madam Chair.
Uh through the chair, um what is the anticipation of this the duration of this construction? Okay, that's a loaded question cuz there's this >> it's a loaded question because every time they kick the bucket and it says kicked down the cannon, they said no,
it's going to be short and the one on on 16th right by Trader Joe's has taken forever. >> Yeah. >> So, I don't want this to take forever or at least keep in mind that residents are asking. >> Yeah. No. >> And and that's an important thing. >> Yeah. The reason I say it's a loaded
question is cuz our this project particular is just one component, right? The project itself, you have DOT is involved here and they're raising the road. They're starting down by that uh by Sunset Harbor by uh 21st Street all
the way up to like 40th Street. So, it's that whole corridor is being, you know, gutted out. You got utilities going in there. You got new storm water trunk lines. So, that's a whole uh that's the major component of the project. Ours is just this little lift station here. This
lift station itself will probably take about a year. You know, that's that's our estimated construction timeline for the pump station only. But like I said, that's like the second phase of the project. They have to they have other phases that DT is dealing with. >> And my other question is traffic. Have
you done a traffic study? >> Yeah. So DT uh has a whole maintenance of traffic plan and the way they have it phased out and again I don't want to speak for DOT's design. I can just give you a high level description and they have you know half of uh you know like
the north northbound lanes you know closed first making it a two-lane and then working on the station during that phase more or less that's the concept. So there is an MOT plan that DOT is has developed and the city's um engineering team has reviewed it and
>> I would I would ask the the the city to really look at this traffic because if there's traffic now, can you imagine >> when a pro when a just a pump station could last a year in building? >> I agree. But I think that that's
certainly beyond their scope and the scope of what we're doing. But I'm just put I'm just bringing it since we're you know >> you know it also >> we're sending this we're consenting the board of the the board of commissioners right >> so this is a consent that I have to the board
>> construction >> no >> yeah just like how how the traffic is going to be routed yeah so I think you know for the sake of time how about um do we want to well we don't have to make a motion it's just a recommendation >> can I ask one more question sorry um is
the machinery is it loud or anything like that or um >> so the the pumps are submersible and one of the reasons utilities like to use submersible pumps is they're underground so they're they hum in the water they're not really loud. >> Okay. So this isn't going to produce like a a loud sound. I didn't know just
for purposes of screening if we needed that needed to be taken into consideration for like sound buffering as well. >> No. And I and I know I heard the word generator mentioned a couple times. There is no generator on this particular project. Generators usually make some sound like 60 dB, but you you provide an
enclosure for that. But we don't have that in this project. There is no generator in this project. >> Okay. >> Oh, it says generator. >> Is that permanent generator product description? >> Maybe that's offsite. Is the gener the permanent generator over by MacArthur
>> where the line ends? >> No, this project does not have a permanent generator. So that must be a type of >> miss I I guess I misunderstood the when I was looking at the plans I saw some electrical equipment and I understood that to be a generator. So my mistake I apologize for that.
>> Okay. Well I I guess just as a suggestion if there is one or something that's going to be noise producing you know the Clusia is probably a good choice for sound buffering but >> I'm just a tiny fan. >> That's all. Thank you. >> Yeah the bio doesn't make any noise.
>> Okay. Um, does anybody So, do we have a motion or just recommendations? >> I think just the recommendation. >> I would recommend the board transmit your recommendations by motion. >> Okay. >> Okay. >> Okay. So, does anybody want to make a motion? >> Yeah. So, I'll make a motion and then
you all can add to it, but uh make a motion that you uh revisit the landscaping hedge around the pump station and introduce other vegetation, possibly trees to break up that hedge and not make it look like a wall. And
then the second motion would be that they take into consideration uh during the construction of this project. Um, we can't speak as to the F.Al Alton Road project, but that they take into consideration uh the movement
of traffic um and be cognizant of it by not closing off other streets um to allow traffic to move smoothly. And if I could add too with the vegetation to be aware of the existing vegetation along Alton when choosing your species as well
as to choose species that are native and easy to maintain. >> Can I add one more thing that the shrub is looking into shrub being higher than the fence so you don't see the fence at the top and making that >> Yeah. with mature clos and trees.
>> Okay. >> Did you get all that Roelly? One second. >> Thank you everyone. Appreciate your time. >> Thank you. >> So we um let me just repeat. So I have revisit the landscaping edge. Add trees
um sorry along the perimeter to break up the edge. uh take into consideration the movement of traffic and be aware of existing vegetation and that shrubs the or the the clusia should be higher um than the the fence and utilize uh mature
uh mature plantings uh at the point of installation. >> Okay. >> Um Okay. So, we have a motion by Miss Pavoli. Uh do we have a second? >> I'll second that. >> Okay. Second by Miss Lewen. All those in favor? I >> I >> I
>> um all those any opposed >> motion passes. >> Thank you. >> You want to follow? >> Sure. >> Uh the next new application is DRB 25-11461 Ocean Drive.
This application has been filed requesting design review approval for the construction of a new two-story building including restaurants, cafe, children's centers, health and wellness center, retail area, swimming pool, and re and beach club concession facility and adjacent public restrooms. and
requesting variances to exceed the minimum and maximum pedestal setback for the required front and side facing the street setbacks including one or more waiverss to replace the existing restaurant and concession facility.
Okay, so this is um a site in South Beach in the south of Fifth Neighborhood. Um it's currently where Nikki Beach is located, previously Penrods. Um the um the city commission on October 18, 2023 approved resolution
2023-32825 um which approved a concession for a new beach club at this location. Um the um the site has uh GU government use zoning. Um the GU district takes on the
average of the surrounding zoning districts. Um in this case um the site is surrounded by CPS1 and RPS4. Um so it takes on the average of those two districts. Um so they allow for a height limit of 70 the average of those two districts is a height limit of 70 ft. Um
this project is is well below that at at 44 ft. Um the site has a future land use designation of recreation and open space. Um so the the future land use designation allows for a maximum F of 0.5.
Uh the proposed development has an F of.16. Um the applicant is proposing for a building that's going to be 24,000 square ft. Um so the proposed uh building is consistent with the intensity limits of the comprehensive plan. Um the site is surrounded by um
some very large buildings. So to the north we have the Hilton Bentley Miami um which also includes some restaurants at the ground level. Uh to the south is a residential building with commercial at the ground floor and that's the continuum. And then to the west uh we have uh the one ocean
building. Um to the east is the Atlantic Ocean and the beach. Um so the the um the applicant has submitted plans entitled Pier Park. They were prepared by Kobe Karp. Um the uh the building is designed to be contemporary in style. Um it's organized around a central access
point. Um so there will be a pedestrian entrance from Collins Avenue. Um and then that pedestrian entrance will have a a surface parking lot um uh surrounding it and that that public parking is part of the concession agreement that they have to provide um
the public parking that is there today. Um the um the building is proposed to be set back 119 ft from Ocean Drive. Um so they have this open court uh in the front for that pedestrian access um which satisfies the regulations in the
CPS district which require um that there be some public plaza space and gathering space. Um the uh structure contains two levels. at the ground level. Um the um the service primary service functions are located there, back of house
functions. So um it also includes vehicular parking, uh loading bay, scooter and bicycle parking, trash rooms and and um and a restroom. The second level is the main level um which is accessed by a prominent staircase facing Ocean Drive um and opens um and I
apologize I said earlier that the access was from Collins Avenue. It's from Ocean Drive. Um the um the second level has um uh restaurant, a kids club um and some other um open terraces. And then that
opens up to a rear pool deck um which has cabanas, pool deck, bathrooms, um changing rooms, um all sorts of beach club amenities um that the that the applicant, I'm sure, will describe further. Um the proposed building features a stucco exterior with a darker
gray tone applied to the lower level and a lighter tone above. Uh the main level includes arched and rectangular windows. Um and then the lower level is paired with rectangular windows. Um all the window frames are finished in bronze. Uh the main facade on the west is
symmetrical in shape, has a rounded central atrium that complements the the volumes on the side. Um the adjacent volumes have a flat stucco surface um with windows um and the the end sections are more solid defined by vertical
stuckco scoring. Um staff does have some concerns and would like some additional detail. And so we have conditions in the draft order requiring that the applicant provide these details prior to the uh prior to the issuance of a building permit. And that includes providing details on the painted stucco finish and
pattern as well as the roof material and design for the for the one-story structure. That's the saddell's building shown on the east and south elevations. Um clarify if the painted stuckco finish pattern and pattern uh for the two-story structure housing the bathroom locker
and finish finish fitness club I apologize as shown on the north elevation and then specify whether the window glass is tinted or transparent. Um so these are some details um that were that we didn't uh notice the specific detail in the plans that we would like uh addressed further.
Staff has concerns with the proposed roof design that the design is a flat surface enclosed by a parapit which conceals the mechanical equipment in some areas. Staff believes that given that this building is surrounded by taller towers in the vicinity that are going to be looking down at this structure um that uh the applicant
should explore um better designing that roof so that when you're looking down on it, it it appears more aesthetically pleasing to the surrounding neighbors. So they could use a green roof to activate the space um or have some other artwork or some other some other mechanism um to further um improve the
the visual aspect of the rooftop. Um the uh as part of that they could incorporate some passive spa some passive uses in that area which provide views to the ocean. Um, additionally, staff recommends that the mechanical areas be screened with a uh from the top with horizontal louvers again to improve
the appearance from above um and maintain a a good good visual quality for for the surrounding buildings. Um, the applicant is seeking three variances. They're all somewhat related. Um, in the performance standards districts at CPS, RPS,
um, the setbacks are are basically a build to line. So in most districts when you have a minimum setback the building has to be located at some point behind that setback. In this district in order to have a consistent urban street edge
the district is the setbacks are a build two line. So the building needs to be built at that setback line. Um so in this case the average of the setbacks the CPS district requires a setback of zero. The RPS district requires a setback of 5T. So the average here is 2T
6 in. The building is supposed to be built um at 2'6 in. Given the constraints that they have to build a surface parking lot. Um there are some existing sidewalks um on the property that are on the platted lot as opposed
to on the ride of way. Um given how how narrow that setback is, uh the applicant is seeking variances of these setbacks. Um so the first um is a variance to exceed the minimum and maximum pedestal setback of 2'6 in for the required
setback on um on Collins Collins Avenue I believe is that Collins or Ocean >> Ocean Drive I apologize. Um the setback is 119 ft 11 in um being proposed again as I stated they have to provide this
this parking area. Um um and so they they do they do need that variance in order to be able to provide the building uh in order to be able to build a building set back beyond 2'6 in. Um the uh next variance is a variance to exceed
the minimum and maximum pedestal setback of 2'6 in uh for the required side facing the street setback at first street. The proposed setback is predominantly 2'6 in. However, for a portion portions of the structure are set back further, including a portion of the main building where the Mediterranean restaurant and primary
entrance are located. Um, so again, most of the structure follows that setback line, but portions of it to give it some visual interest are set back further. So, the applicant is seeking a variance um to be able to modify that setback um and and be able to fit the programming
needs of the building. Um the third variance is a minimum uh and maximum pedestal is a variance to exceed the minimum maximum pedestal setback of 2 feet 6 in for the required side facing a street setback on South Point Drive. Uh the proposed setback varies from 9 ft 111 in to 16' 5 in. Again at this
location is where we have a a sidewalk um that prevents the applicant from meeting that setback. Um there is public parking uh on on the adjacent street. Um so that that causes um the building that forces the building to be set back beyond the property line beyond the two
feet six inches of the property line. Um so given the site constraint staff is supportive of the granting of all three variances. Um the application is before the DRB solely for the design. There is a separate application before the planning board. Uh the planning board was
supposed to meet this week to discuss the use. Um however the the meeting was was cancelled this week due to a lack of a quorum. So the the planning board will be considering that use uh next month. So they're they're here just before the design review board for the for the structure, the site plan, the the scale,
the use, the design, and all those aspects that we typically look at here. Um the um so the the use and and those issues of use are under the perview of the planning board and then those will go to the city commission who will make the ultimate decision. Um so with that, staff recommends that the application be
approved subject to the conditions in the attached draft order. Thank you. >> All right. Uh good morning, new Mr. Chairman, board members. Uh happy new year to all of you. First, isn't it great to see the convention center hotel being built up right now? It's exciting
to see that uh coming to fruition. It's I had a small role in it and the architects were the superstars, but every time I come here for a hearing and I see that, I think we're we're in the right direction here in Miami Beach. So, good morning to you all. Michael Larkin, 200 South Biscane Boulevard here representing the applicant. With me
today is Will Nazar from Major Food Group, Kobe Karp from Kobe Carp Architects, my co-consel Daniel Hanlin, my colleagues Paul Savage and Ben Sherry. We come before you this morning seeking approval of our proposed project in connection with a concession
agreement awarded to the applicant for the redevelopment of the Nikki Beach restaurant site and beach concession facility at Pier Park. Next slide. Sorry. Thanks. Um, this is the team responsible for the project before you this morning.
The project is the product of years of discussions, agreements, and collaboration between his highly qualified team made up of the Buché brothers, major food group, Kobe Carp Architects with the blessing and approval of the city administration and most importantly the city commission. Next slide.
The Bouchet brothers really need no introduction to the city of Miami Beach. They are the premier beachfront concession operator in the city. They have been at this city for decades. providing quality service for all of our beachfronts. Next slide. Similarly, major food group needs no
introduction to Miami Beach. It was a priority of the city to select a highly qualified operator for the proposed restaurants at the site to ensure premium experience and excellent food service and decor. All of which Major Food Group delivers at each of their locations. Major Food Group has an
extensive and impressive resume with popular Miami residents including Carbone, Dirty French, Contessa, Zezy's Club, Sadels's, and Chateau ZZ. Next slide. This property has always been unusual, really a one-off. In 1913, the property is originally developed with
Hardy's Casino and Bath by Dan Hardy, Day County Sheriff, equipped with a restaurant, calling it Hardy's Casino. By 1918, the property added a swimming pool filled with seawater. By 1920, Hardy's expanded, got a distinctive new look with two square towers and peaked tile roofs. Unfortunately, the great
hurricane in 1926 blew it all away. And from next slide, and from 1926 until the late 80s, the property sat vacant. Next slide. In 1989, the property is redeveloped with original Pinrods Beach Club, and those same buildings are there today. Next slide.
In 1998, the property became Nikki Beach and has been operated as such for the last 27 years. Next slide. That brings us to today. The current tenants lease expires on May 6 of this year. The city has selected a new tenant. Nikki Beach. The buildings therein are outdated, and
this premier property needs a new modern, resilient use, and something that is upscale, less disruptive to the neighbors, and more compatible with the surrounding neighborhood and people in the area. Next slide. Here's an aerial image showing the property, the subject of this application. It's quite large. Next
slide. The property is designated as recreation and open space on the city's future land use map. The property is zone government use GU. Notably, there's significant present of similar uses to the proposed use on other GU zone properties throughout the city. Next slide. Before we get into the project,
we just like to thank staff for its favorable recommendation on this application and note the probable value of the staff recommendation as substantial competent evidence that you all can depend upon to grant this approval here today. Next slide. The Buchets and Major Group are very
serious going forward. They intend on spending tens of millions of dollars on this property in order to make it a premier property. Something that all of us residents will be able to enjoy for many years to come. So, having said that, I'd like to invite Kobe Karp up to the podium, have him walk you through
his design. >> There it is. Sorry about that. Good morning. Happy new year everybody. Um so as Michael so eloquently presented the idea that we have essentially and I'm
here also with Anna the landscape architects is to increase the green space of the project. That has been our first and foremost um desire. What we did is if you look at the site plan is
simply pushed the building back towards the west away from the ocean. That allowed us to create more green space. By creating more green space that allowed us to have an entry to the new
arrival which is set back behind the parking and behind the landscaping. The green space in the front. There it is. allowed us to create a better connectivity to the boardwalk all the way along the beach. Cuz what happens
quite a few people today walk along the boardwalk on a daily basis. They come back on South Point Drive or they come on the north side. So we created an aperture and opening on multiple locations to make the site more porous, more accessible. And by the way, I think that the comments that staff has are
right on um as far as looking at the rooftop and the um mechanical areas. Those are the points that really make a difference because when you look at the site from the air, >> I had an image.
Michael, you stole it from me. >> That's probably true. No, it's the one in the back right there, but you can see it in your package. It's the aerial and we have a flat roof. And so I think our desire is really to create on the flat roof, which everybody looks down upon and our
meeting with the neighbors is to create something that is unique and special up there. And I think that opportunity um Oh, thank you so much. You're the best. Exists for us to implement it in there. And the most important thing that we
have created is a front yard of landscaping and a backyard of landscaping. The interesting thing obviously is the boardwalk and the beachwalk is where everybody walks on a daily basis is really very very critical. So you'll see that there's multiple penetration. This is Sadel right here. And over here we have the
fitness and activity area. Most important also we created the landscaping all the way around including the drop off area. So, by setting it back, we were able to tuck the parking underneath and put the food and beverage in a mini area on the upper level and
step down to the beach. And that is really it, Michael. Thank you so much. >> Great. Thank you, Kobe. So, as the Reelio described, there are three variances in connection. I'm sorry, Madam Chair. You want to say something? >> No. I'm no longer the chair.
>> Oh, sorry. Sorry. Slap. All right. So there are three variances in connection with this application. One involves South Point Drive, one involves Ocean Drive, one involves First Street. Let's get to um
Yeah. So what is happening on the south side? You can see that the sidewalk that connects from Ocean Drive to the beachwalk to the public beach is squarely within the property. If we were to observe this maximum minimum setback,
that sidewalk would be eliminated. That's not a good idea by any stretch of the imagination because it's such an active uh busy sidewalk. So, we're seeking the variance in order to keep the sidewalk there. That creates a practical difficulty that warrants the grant of this requested variance. Next
slide. Here you can see very easily that the public sidewalk falls squarely within the boundaries of the property. Next slide. The next one involves the front setback variance from Ocean Drive. Here we have a conflict between what the code requires with the minimum maximum
setback and the concession agreement that governs the development of this property and that concession grant requires that the public parking spaces be as close to Ocean Drive as possible. So we can't do that and then have a building there at the same time. So that also creates another practical
difficulty that warrants the grant of this requested variance. The third one here we have an interesting situation where on the north elevation you have different planes. Starting on the east you have the fitness center and there we're going to actually shift that to
the north to lessen the scope of this variance. My colleague Ben is going to pass out to you a condition that basically says this is our intention to modify our plans just to shift it to the north a little bit. It adds some square footage but we feel it's good to lessen the scope of that variance. Um and then
you have the main structure portion of the main structure does comply with this maximum minimum setback but then we cannot have the entire structure comply because then we would lose some of those 72 public spa uh public parking spaces that we need to preserve and then we'd
also lose a circulation area and a driveway entrance to our understory area. So based upon all of that um we feel that also creates a practical difficulty that warrants the grant of this requested variance. Next slide.
So with regard to SFNA this is the large neighbor association that governs the south of fifth neighborhood. Uh we appeared before them and they overwhelmingly supported the project. This is a resolution from softnut to toward that end. Um so madam chair be um
mr chairman before I begin sorry it's very hard making this transition so early in the year and I'm sad to see you leave so I keep on calling you madam chair. So but I've seen a lot of emails a letter u from some objector attorneys
and I want to avoid some confusion here today. All right you all are the DRB. You grant design review approvals and variances for projects or properties that are outside of local historic districts. In doing so, you rely upon the codified design review criteria that guides you in your analysis and in this
process. Your authority is co-extensive with these design review criteria. It's no more is no less. Today, you'll be invited by the objector attorney for the current tenant to weigh in on, make remarks, discuss an alleged inconsistency between what you are
considering today and the RFP requirements and the concession agreement. This is a trap. Please don't fall into it. That subject area is clearly beyond your authority as a board to consider. There is current litigation where a trial court judge recently as Sunday
dismissed multiple counts in their complaint, leaving very few left. But bear in mind there will be future litigation. It is their desire for you all, me, my design team, city staff, city attorney to make statements today that will be
used in future litigation. We will not give them that opportunity and we respectfully request that you all do not give them that opportunity as well. Their other motive is great confusion here today about what your role is. They are basically going to throw everything at the wall and see what sticks. We ask
you to disregard these tactics as well. To be clear, your role here today is considered the design of the project. You are not the arbiter of compliance between a private party and a concession agreement with the city of Miami Beach. We would not be here today in front of you unless we had vetted this and ran it
through the city attorney, the city manager, and the planning director all have agreed that these plans that you all are considering today are absolutely consistent with the concession agreement. There are other remedies that the this tenant could pursue if they would like.
What they cannot do, however, is ask you all to consider issues that are beyond your authority as a DRB as granted to you by the code. Thank you, Madam Chair. We like to reserve some time for rebuttal and we're available for your questions or Mr. Chairman. >> Thank you. Uh now we will open it up to
the public. >> Yes. >> Before that, Mr. Mr. Chair, two things. Uh are there any disclosures by any board members on this item? Okay. And uh if there are any members of the public who wish to speak on this
item who were not uh sworn in this morning, if you could please um stand and raise your right hand. I have to swear you in. Uh okay. All right. Anybody who'd like to speak, please come to the podium.
Good morning, new chair and design review board. Um, my name is Andrew Sterns of Sterns Weaver Miller, 150 West Flagler Street, Miami, Florida, and I represent Penrod Brothers. Um, I we are an interested party, so I
believe we have 10 minutes of time, not the regular short duration of time. We are the current tenant on the property. Please note, we have submitted materials and evidence and we're going to be providing those in hard copy for you now as well that were previously provided to
the board. You should have copies of our formal uh letter, our professional report and comments and presentation. And we are here, as previously mentioned, uh, regarding the city-owned private park, I'm sorry, the city-owned park property that the applicants themselves,
Buché and the city, have described as one of the most iconic sites on Miami Beach. I want to be clear at the outset, this is not a closed call. This application is not slightly inconsistent with what was authorized. It is
completely non-compliant with the only zoning and procurement authorization the applicant has to be here in the first place, namely the city's RFP and the resolution awarding that RFP. The city issued RFP for the renovation concession
of existing beachfront structures. Proposals were evaluated on that basis. The winning submission included renovation plans that would have maintained an existing legal non-conforming use lawfully continued through that renovation. The city then
awarded the RFP to Buché by resolution and that resolution required Buchet to remain in substantial compliance with the terms of its RFP submission. That is the authorization and that is the deal. That is the entitlement
framework for this project. Now, I want to be clear about what I'm not saying. I'm not here to argue that the highest and best use of this property is not total reconfiguration, demolition, and a complete tear down and rebuild. Maybe as a policy matter, a new building and a
comprehensive rethinking of the site is the right long-term answer, but that is not what Buché promised in response to the RFP. More importantly, it is not what the city authorized when it awarded this RFP by resolution.
New construction is simply not within the scope of what the DRB is authorized to review under this procurement and approval framework. Years after the award, Bush and the city changed course and brought forward a fundamentally different project. Total
demolition and brand new construction. Not a renovation, not a refinement, a complete replacement. And even setting that aside, the new construction they propose does not comply with the current land development regulations. They claim they need
setbacks inconsistent with today's LDRs. And city staff has acknowledged that they also would need a comprehensive plan revision to get there. Yet, as we sit here today, there's no pending comprehensive plan amendment. So, the DRB is being asked to evaluate design
and variances for a project that one is not in substantial compliance with the authorizing RFP and resolution and is not aligned with the governing planning framework the applicant admits would need to be changed. That leads to the threshold question the
board should be asking staff and the applicant. Why, given these facts, is this matter even before DRV today? The DRB's job is not to launder an unauthorized project into legality through design, review, and variances.
The DRB's job is to apply adopted regulations to a properly authorized application. Now, a word about variances. Variances, as you know, are not a convenience. They are not a project optimization tool. Under Florida law and the city code variances require
a showing of practical difficulty or hardship and those problems cannot be selfcreated. So what is the difficulty or hardship the applicant claims here? The applicant claims that it requires variances to allow deeper setbacks because without those variances it would not be able to
have frontage parking, a club structure close to the beach and sidewalks with beach access. Candidly that is nonsense. All three of those uses, frontage parking, beach adjacent building, and beach access sidewalks already currently
exist as legal non-conforming uses on the property. Nothing about the land or circumstances here require a variance to solve a problem that actually exists. Buché and the city can move forward with the plans that are already required by
the commission resolution for adaptive reuse of the current building with no impact on the uses they complain about. The only thing the only circumstance that implicate implicates a variance is the applicant's desire to scrap the design uses and project they are legally
obligated to undertake and construct an entirely new project to demo the entire site and build an entirely new project with increased F, increased footprint, increased lot coverage, increased height, massive understory parking,
10,000 ft of uh additional operational space andreed increase impervious space. There is no hardship here. There is no extraordinary condition of the land forcing a setback violation. The purported hardship is entirely self-created
when the applicant and the city together chose to abandon the authorized resolution and instead pursue demolition and new construction. If they complied with the RFP submission and the award resolution, renovating the existing structures, none of these variances, none of the comprehensive plan
contortion would be necessary. That is the definition of self-created hardship. And self-created hardship cannot support a variance. That is why, as more detailed in our letter submission and expert material, even if the board could hold its nose
and sanction this bait and switch, the application objectely fails to meet the difficulty and hardship requirements for our variance. I also want to address the planning purpose behind the setbacks and related design standards. Miami Beach adopted its minimum and
maximum setbacks in urban design rules to eliminate the proliferation of surface parking lots to restore a pedestrian-friendly streetscape to improve sight lines and avoid the parking first building second experience that harmed the public realm for
decades. What is being proposed advances the worst of those worlds. The applicant wants to keep the frontage parking lot, the very condition that these regulations are meant to cure, and then pull the building closer to the street anyway, increasing the massing and visibility impacts and further affecting
sight lines. In other words, keep the parking lot problem and add a new adverse urban design impact. That is not the spirit of the LDRs. It is a direct circumvention of them. Let me also say this because professionalism matters. I
have great respect for Mr. Larkin and his team. They're the best. But there is only so much that even the best can do when the facts are what they are. Design and aesthetic choices cannot convert an unauthorized bait and switch into a
compliance entitlement. The applicant has in effect abandoned its zoning authorization and is pursuing something completely different. And this is not an obscure site. This is city-owned park property, prime beachfront public land,
where transparency, process integrity, and compliance are essential. If there were ever a project where the city must proceed by the book, it is this one.
So, what are the DRB's options today? It appears the applicant has placed the board in a position where there are perhaps five possibilities, only a couple of which are actually legally defensible. The board can direct the applicant to
return with a plan consistent with the resolution and the RFP, something this board can evaluate on the merits because it it matches the authorization. The board can direct the applicant that if it wants to pursue a different project, demolition and new
construction, it must return with a new resolution at a properly awarded, properly authorized procurement and land use pathway that matches what it is proposing. The board can deny the application because it lacks a lawful foundation and fails to meet the varian standards. And
the board can frankly hold its nose, rubber stamp it, effectively endorsing a bait and switch on one of the city's most prominent public properties. Or the board can defer this item so staff can address the threshold issue that must be resolved before design review proceeds.
What is the legal zoning and procurement authorization for this application given that it is not in substantial compliance with the RFP and award resolution? My request is straightforward. Do not create variances based on a self-created hardship. At a minimum, defer this item
and require the applicant and staff to address on the record the discrepancy between the approved procurement award framework and what is being presented today. Now, I have tremendous respect for the city attorney's office and the attorneys here in support of the DRB
and the board is an independent qualified judicial body and must have confidence that the legal advice it relies upon is objective and free of divided loyalties. But where the city itself is the applicant, a reasonable observer could perceive a conflict if
the city attorney's office simultaneously advises the board on issues going to the lawfulness of the city's own application. For that reason, I respectfully request that the board consider this issue as an
issue so the board's process and decision are protected. Thank you. And I'm also available for any questions if you have any. Actually, let me make one more comment. Mr. Larkin mentioned during his opening that the concession agreement governs
the development of the property, and he's right, and that concession agreement authorizes one thing, renovation of this property. If Mr. Lin is correct that the concession agreement governs the development of the property.
As a simple matter, this isn't even properly before you because the only thing that authorized was a renovation of the property which they could do without a variance and without a comp plan amendment. Thank you. Thank you. >> Anybody?
>> Anybody else >> from the room? >> Apparently there's people. >> We have people online. Yes. But uh anybody else in the room? Nope. Okay. Uh John Porter. >> John, do you swear to tell the truth, the whole truth, and nothing but the truth? >> I do.
>> Thank you. You have two minutes. >> Hi, good morning. Uh John Porter, I'm the general manager for One Ocean Condominium. We're at One Collins Avenue, uh directly across the street from this site. Um One Ocean and its board of directors, uh supports the
applicant's plan. Um this derelict site has been an eyesore for the neighborhood for many many years. Um and so we look forward to uh to a new day for this uh for this site. The only feedback uh that the board has is really just uh relates
to traffic. Um their preference for the entrance for the parking lots would be on First Street and South Point so that uh traffic can flow more freely on Ocean Drive. U but aside from that uh we're really excited about this development. Thank you.
Okay, next we have it's uh WR. >> Yeah, it's Julian Roberts. Thank you. You want to call me? >> Tell the truth, the whole truth, and nothing but the truth. >> Yes, sir. >> Thank you. >> Um I just I just called in in support of uh of this project. I think it will
elevate South Fifth. I live south of Fifth. Um it it it I'm I'm shocked that it it's as small as it is. I was concerned that they would go five stories like people were were were uh putting online. So I actually researched
everything regarding this project. Kobe Karp, uh I I I applaud your design. It it it's absolutely beautiful. Um and thank you for the time. >> Okay. And uh the last hand raised is Andrew Dickman.
Andrew, do you swear to tell the truth, the whole truth, nothing about the truth? >> You can hear me? >> Can you hear me? >> Yes. >> Okay, great. You want to swear me in? >> Yes, please. Do you swear to tell the truth, the whole truth, and nothing but the truth?
>> I do. Thank you very much. Um, my name is Andrew Dickman. I'm an attorney. I represent Eric Aoda, who resides at 300 uh South Point Drive. um very close to this property. Um by way of background, um I have a master's degree in urban
region planning from the University of Florida. Uh I have been AICP uh certified since 1994. In fact, I took that exam with your planning director, Tom Mooney. I lived on Miami Beach from 1993 to 2000. I'm very familiar with the
area. Um, I want to remind you as we go forward is that this is not private property. There are no private property entitlements here to the applicant. This is public property. It must be handled with the utmost care. The only private
property should be considered is the surrounding neighborhood and the neighbors and their um quiet enjoyment. Um, I do want to point out to you that I sent you a letter um to staff yesterday. Hopefully, you received it and it's in the record. It's a four-page letter
outlining my arguments. Um I had I was at the planning board meeting uh on uh this week and got to meet um Mr. Sterns, the attorneys who just spoke uh as well as other neighbors and we were there
until 9:30 and we were finally told that there wasn't going to be a meeting and unfortunately I'm not able to attend today because I have a hearing here in Collier County. Um, with regard to the litigation, I will tell you I do not have uh a dog in that fight. I am here
to uh simply represent the interest of a neighbor who is also garnering the uh the collective information from other neighbors who unfortunately because the notices for these hearings went out during the holidays and nobody is really
that aware of what's going on. So with regard to the litigation, I think you do need to take that into consideration because all of your efforts may be if I could please have a little extra time because I think we I have an interest here. Um I want to adopt the arguments
that were made here by the attorneys for pinrods and the letters that were submitted. Um I want you to also take this is a very serious issue since the planning board has not heard this. It's important, and I submitted this into the
record yesterday, that you see the planning board staff report. It it it expressly states that commercial uses are not permitted in the ROS district, that this is not conforming with the comprehensive plan, that this will
require a comprehensive plan text amendment because you are a final decision-making board. And you can see that with the order that you're being asked to render that if you render that knowing that this is in conflict with the comprehensive plan, you will be in
violation of the law and opening up to more litigation. With regard to the variances, um I think it's very very clear you can these cannot be self-made variances. It cannot be created by what uh Mr. Lens
stated was because of the because of the agreement. The agreement cannot cause a hardship. Hardships have to be uh relative to the property. Uh I've cited in my letter the Hourback uh case which was my case against the Onyx building in
city of Miami where the third DCA said design because you want to to have a certain design is not enough for a hardship. I think you all should take that into consideration. Um, with regard to the lost parking and traffic
congestion, I asked you to take strong consideration into looking at the peak hours that that traffic is going to be super sized because of the uh the magnitude of the use of this. I want to also have you focus on the fact that
they're saying that the truck turnaround is for an SU30 size truck, which is a 30foot truck for deliveries. That is not correct. I also want you to take into consideration the municipal uh the park charters there. There was a charter
amendment in the uh county charter and there was also a charter charter amendment in the city uh charter that affects parks. Now, because these uh because of these hearings are happening so quickly, I will tell you I have not been able to fully run this down, but I
would like to have more time to look into the fact that parks uh public parks are not to be overdeveloped. Um finally, I will ask you that um your attorney, I believe, needs to explain to
you uh exarty disclosures. You all simply remain silent. Exarty disclosures are, are you familiar with the property? Have you been on the property? Have you reviewed any background documents? Have you spoken with staff? You need to have
a a voice determination on each one of you about whether you have had exarty disclosures. Otherwise, I am prejudiced. I am prejudiced. So what I'm asking you today, the smart thing to do is defer
this at least till next month and let the planning board decide on that comprehensive plan problem that you face today. Uh I believe that that is the proper order of things to have the planning board rule on this first and a
month delay is not a big delay in the scheme of things or to have you deny this outright. Again, I'm going to adopt the arguments made by council for penrods and any submitts that they have made. Thank you for your time. I
appreciate it. Have a good day. >> Thank you. >> Anybody else online? >> I see no other hands raised. >> So, Mr. Chairman, could I uh have my rebuttal? >> Sure. >> Thank you very much. So, if you all
noticed, all of most virtually all the comments that Mr. concerns made dealt with the RFP process and the concession agreement which is clearly beyond your authority to consider. As I said, you're not the arbiter of compliance here. You're at the design review board.
You're considering design issues. And also note the virtual absence of any critique of the design by Mr. Sterns, which would have been appropriate to make to you all as the design review board. With regard to standing, can you pull up
those slides, Ben? We object. We think that the Pinrod's entities, the current tenant, have no standing to appear before you all today. The first type of standing is that under the common law, it's called Renard. It asks the applicant to identify standing
saying what is your injury. We haven't heard of any injury articulated by Mr. Sterns with regard to his client. So, they fail the Renard standard under the common law. The second standard is under the city. The city has partially abregated the common law and has its own
more liberal version of standing if you're within 375 ft of property as a person. Now, if you delve down to the corporate records, you see that Lucia Penrod is the principal behind these Penrod entities that are now the current tenant. Lucia has a home on Habibiscus Island, which is not homesteaded, and
she has a home in Broward County, which is homesteaded. Therefore, I submit to you all that even under the more liberal version of standing under the city code, they fail to have standing. The third type of standing is to file a bid protest. This is just to show you
all that even under another type of case law where you're talking about bid, they didn't submit a bid. Therefore, they don't have any standing. Next slide. If you all remember back in 2023, they missed the deadline to file their
submission. Therefore, the city said they could not participate in the process because they missed the deadline. All the litigation that has been since then and their appearance here today, the main purpose is to invalidate the RFP process and have the city start over. I think that's wrong. I
think they missed a deadline and they have to live with that. Next slide. This is more about another issue. So with regard to practical difficulty when you all consider variances there's two standards you can use either the
hardship standard or the practical difficulty standard found in the charter. I have trainee under the pract practical difficulty standard. The idea of self-creation goes with the hardship standard which is a totally separate standard. With practical difficulty, it's not defined in the charter and you
all consider on a case-byase basis. That's why I gave you justifications under the practical difficulty standard for each of the requested variances. You heard a term of art called bait and switch. That term is comes from
procurement law from procurement litigation. This should be the clearest clue to you all that Mr. Sterns is attempting to use this hearing in order to bolster current and future litigation efforts. So I would ask you again to
disregard any invitation to weigh in on the RFP process or the concession agreement. With regard to Mr. Dickman and his comment about uh the comp plan amendment, you all are approving the design, not the use. We
will go forward and have the comp plan amendment but that will be before the city commission finally approves of this project. You all have a different role here. Your role is considering the design and not the use. Therefore, that argument is not relevant here. And with
regard to park, yes, the marketing tag of this is pure park. But if you go through the city records exhaustively like we did and we discovered that this is not a park that's on the city's inventory of park. It's not a park whatsoever. So that argument is also
irrelevant. Uh thank you very much Mr. Chairman, board members. We uh we're available for any questions you all have about the design. >> Thank you very much. Um I'd like to open it up to the board. >> Can I have a minute left? Can I do a quick rebuttal? Um
>> the that's not the way the judicial order goes. >> I think it would be valable for the board to hear >> but they gave him more than 10 minutes and and Mr. Chairman the way that the code reads with cause judicial hearings it's not appropriate for Mr. Sterns to make any more comments. Now
>> it's always the way >> he's had more than enough time under the procedural new process. Just just a moment. Nick, will you be speaking as to the RFP and what it requested, forgetting about Penrod and Bush Brothers and the Restaurant Group, will
you be guiding us and the issue of the planning board having to hear this issue, which it did not this week because of lack of quorum, and should it go before the planning board before it comes to us? Can you speak to that? And
will that satisfy the issues at hand between the two attorneys? >> Well, I don't know if it'll satisfy the issues, but I but I'm happy to speak to it. Um, just speaking on the on the procedural issue, the the code does provide uh a right for an applicant to
make its initial presentation. Um, a opportunities for the public to speak during the public hearing. You've heard from several members of the public on this application. Um, the final word for the public portion of the of the meeting
of of this hearing is the applicant's rebuttal. Now, does the board have discretion to allow to reopen the hearing? You could reopen the hearing. Um, there's that is not required by the code. Um, and if you were to reopen the hearing, then I would recommend reopening the applicant's opportunity to
rebut um, you know, to consistent with our our rules of procedure. So, that's one point. Uh the second point is is the question Miss Buddhavoli makes which is about the role of the planning board about the role of the designer review
board um about the ongoing challenge uh by the current tenant of the property to the to the new procurement and to the award of this contract. So the the design >> Nick I for me the the challenge of the
RFP between Penrod the city and the Bush brothers is a separate issue that I don't think belongs with this board. The question is is this project before us for design review approval consistent with the request of the RFP and does it
violate the RFP requirement? If the RFP stated renovation only, then why are we looking at a new facility? If it said renovation or renov or new facility, then it's properly before us. That's the only
>> Sure. And and you're absolutely right that the that the where I was where I was heading with that is that the the the litigation um relating to the procurement for this contract is is really outside the scope of the board's review. The board is sitting today in
the same capacity it would on any other design review application or application for variances. So you're required to apply your design review criteria to the design review portion of this application and you're required to apply
the hardship and practical difficulties criteria to the variances that are that are before you the request for variances that are before you. um anything, you know, anything relating to the the uh to the to the current operation, to the
city commission's RFP for a new operation, to the award of that RFP, those issues are outside the scope of of this board's jurisdiction. Um and and so so I mean it what I would recommend to
you is uh is to is is to stick to the review criteria to stick to issues of design when it comes to the variances. Stick to the hardship criteria and the practical difficulties criteria. Obviously your staff report as we've um covered in the past is is presumed to be
competent substantial evidence. Um but at the end of the day it's the board the that makes the final call as to whether uh their respective criteria have been satisfied. >> So Nick I I just two simple questions for me as one member of this board is
did the RFP allow for a new building? If it did not then we have no standing here because why should we be reviewing a new building? If it allowed for that, then fine, we should hear it. Two, my second
question is should this because it requires from what I'm hearing a comprehensive plan um change, should it go first to the planning board uh before it comes to us? Um, and should we because if it doesn't pass the planning
board or the planning board makes certain requirements, would that interfere with the design that is before us that we're also approving today? >> So, so to answer your first question, the application before you is consistent
with the RFP, uh, the award of the RFP, um, and the the resolution approved by the city commission awarding the RFP. Um, as to your second question, the review of the planning board is required here because this is GU government used
property and certain uses that are not enumerated in the GU regulations um, as well as alcoholic beverage establishments always require the the review of the planning board and the approval of the city commission as to the use. So the planning board will
separately have to uh review this application and that's currently scheduled for its next meeting in February. Um this is >> and it doesn't need to come before the design review board. It can be after. >> This is not like other instances. For example, certain conditional uses where
the planning board is required to review first. This is not one of those circumstances. In this case, um the the review of the of the planning board, the approval of the city commission as to the use and the design review board's review of of of the design of the project and any variances are all
totally separate matters. So, if I may, something with the standard hotel happened somewhat like this where we approved the design and yet there was a whole brewhaha because it still has to go in front of the commission and but the design was approved and that's
so this is not out of we we've done this before something like this. >> Correct. And what you're referring to is the fact that there are legislative amendments that will be required for this for this project to be implemented the way it's proposed. And in this case, it's an amendment to the comprehensive
plan. Nothing can happen on this site until all of these boxes are checked. Approval of the design review board, review of the planning board as to the use, approval of the city commission as to the use, adoption by the city commission of the relevant amendments to the comprehensive plan. This is one of
many steps that the applicant will have to satisfy >> and negotiation of a concession agreement. Well, >> and approval of such >> and that and that's that's and that's a separate matter. >> Thank you. So, I think we've heard
enough legal discussion. Thank you. I appreciate I appreciate it all. I think we're going to try to stick to design. >> Um, taking taking the note from council over here. I just want to leave it up to the board here. Thank you. Um, and from what
I hear is we're slightly out of sequence. Um, and we're be approving design before the the the whole site plan is approved, the whole programming is approved and everything is is is baked. And there
could be design changes and site plan changes that would happen after we have this meeting depending on whatever we decide. So that makes me a little weary about deciding on anything. >> Some things can come back as
>> I want to talk about stone and I want to talk about things and I want to get into some fun stuff and >> but we could come back here you know with a modification. It's it would not be unusual to do that like you all have an independent role here just governing
the design. the use is, you know, governed by the concession agreement and the uses will be something the planning board and city commission decides. But I I sincerely doubt there'd be a strong correlation between their review and what they're asking us and your review of purely the design.
>> Should we not give our input right now? >> Should we not still give our input now? >> Yeah, I I think at this point I personally would like to talk about the design. I think as the chair has already noted we've heard enough about the legal and one of the things one of the recommendations
one of the conditions that I was going to say whatever we conclude today was that it would be that all of this would be dependent upon approval by the planning board that that that was something so that would incorporate maybe because I was thinking about that too your concerns um and that there's an
awareness that if the project doesn't move forward what I don't want the to happen with the planning board is to say oh the DRB approved this they obviously agree with what is being proposed which I don't know if necessarily that's true but as you explained to us that we need
to make some comments on we need to make some comments on the actual design and stay within our purview and I feel like we can have a really good conversation about that but I would like and this is something for everybody else to move forward about and I don't know if it's
okay But I would like to make a conditional upon approval first by the planning board. >> Is that >> so? Um so I just want to reiterate one point which is the application is properly before you right. This is uh this is before you for design review approval and approval of the variances.
Um Mr. Mr. Meshber the if there were any changes to the design subsequent to this approval those would have to come back to you. So I I just want to be clear this is this is a this is a hearing on a designer review application like any other. Um as far as the planning board
the planning board review and city commission approval of the use are required anyway. Those those boxes have to be checked. So um I you know there's no requirement in the code that that planning board hearing occur before the DRB.
>> Um okay. Can I can I start about the Okay. So, I have some questions that I'm going to direct to Kobe. Um, >> so I would love you didn't go into a lot of detail about the design of the project. Um, I'd like you to run through
that with us. Um, one of the things that I noticed and I've been looking very intently at at the all the documents that you submitted. It seems a little bit incomplete. Um, so I'd like you to address, you know, we have renderings of
a small portion of the front. It looks really lovely, the pool to the ocean. I'd like to know more about what the other elevations will look like. What will the public be seeing when they walk down First Street or Second Street or when they're standing at the pool
looking back at the building? >> Very good. >> Kobe, sorry to interrupt. While you're doing that, can you just explain how how public and private circulate through the site as well? >> With pleasure. Absolutely. Yes. >> So, to be more specific, actually, this
aerial is quite good because it shows um the public continuously walks north and south along the ocean right here. And what happens is that we have opportunities for the pedestrian movement on the side. Currently, the loading is on the north side and the loading remains there. So basically the
body parts are in the same location as they are currently. Nothing has changed. What has changed is that we have increased the landscaping along the backyard and we've increased the green space along the front yard by creating a pedestrian movement on the south side.
Neighbors and people in the community can come in, sit down, eat, have a cafesito in the morning, have something for lunch or have something to eat at night. That is really the intent here. So this becomes a pavilion that floats within the green space that is porous
and accessible um for multiple locations. It's accessible right here. This is where the cafe Sadel is and also it's accessible from the front. You can walk up and >> do you have I'm sorry. Do you have Okay. Yes. >> Yes, ma'am. I do. >> And so what happens is that folks can
come along Ocean Drive, drop off over here, walk on in. Folks can walk along right here along South Point Drive and come on into Sadels's >> when retail face the um sidewalk. >> What's that? >> Will there be retail facing the sidewalk?
>> Yes. Absolutely. Absolutely. 100%. And also like a the boardwalk itself. You see there's an opening and a penetration that lets you come in and just walk on in. So the idea is this is a public land and what we want to do is we want to open it to the public and make it more
accessible, more porous and more visible to the public. So right now if I walk there I can't have a cafe or juice in the morning. I will be able to do that and many people in the neighborhood and the community that's what they requested that's what they desired and that's what
we provided. Furthermore, we have the vehic the vehicular in the front, but we also have a very nice pedestrian on both sides. And you can see there's entry points on all locations. So, if you walk along the north side and you're a little tired and you want to walk in, not a
problem. There's a gate right there you can enter. Likewise from the south and likewise from the boardwalk. So, the site is very porous. So the idea is to give the land back to the public accessibility and visibility on a daily basis and have your drinks, your
coffees, your lunches, your dinners at this location. So what happens is that you get dropped off. You come through here and this is a covered area of the building which lets you basically walk right on through and
it's open on both sides completely open with an opportunity then to come to the backyard and then the backyard opens up. Um what we are doing is we are lifting it up to meet base flood elevation criteria. That's that's the intent really is the building has to comply
with the rules and regulations of the current law for base flood for open space for green space. So when we sat down with city staff, they give us these conditions and said, "Kobe, wouldn't it be nice if we were able to implement it? Kobe, wouldn't it be nice if we're able
to cover the parking? Wouldn't it be nice if we're able to get more landscaping in the back?" If you look at the the ability to create a bigger green space and you look at your package, there is an availability on the site
plan. Here it is to really push the building westerly and that allowed us to align and give more open space to the neighbors looking down. So creating a more relationship to Ocean Drive and just sliding it back
created the bigger backyard and that bigger backyard has to be open to the public. It's public land. So we open it to the boardwalk, we open it uh to the streets to the north, to the south. That is really the intent and that's why the cafe Sadel came into play. Why? Because
we want to open it up not just for the evening or the nighttime or just for the you know people who would have a club but no we want to have cafesitos or or drinks in the morning and be able to walk up with the kids in the strollers. Many people here get up in the morning at the sunrise just to watch the
sunrise, do yoga on the beach, walk the beach. That's what people like to do. and then they want to go someplace and have something and that that's where that came from. >> And so sorry to ask. So the entire backyard is open like anybody could come
and use the pool or that's part of the restaurants? >> It's it's maintained and operated by the restaurant, but it's open to the public. >> And are there all the apertures we talked about? I see gates. I see fence. I know we need those for code and things
like that, but they're open. There's no >> Yes, Adam. >> attendant. >> Yeah. You and I can go walk tomorrow morning at sunrise. I see sunrise and then we want to go have a coffee or a juice with friends, family, the stroller, just come on out. Yes. >> And and the specifically the pools and
cabanas, is that going to be treated like beach where you go and you reserve one or rent one or you reserve a chair or something by the pool? Yes, >> but someone could come in and jump in the pool and then jump right out. >> Right. You don't need to, you know, as
long as you pay, you can come on in. Right. >> But so it is, you do have to pay to go into the pool. >> Yeah. You pay to come in to eat or drink or you come in and you sit down at the pool area and you like you said, you get a cabana. >> Oh, it's not like a park where you can
just go in for free. It's a It's privately. >> It's open to the public, but it's not >> free. free. >> I see. Okay. Which is what most restaurants and everything are. >> Yes. But this area is along this whole area that's all open and it's free and
you come and you sit down at Sadel just like you do in Coconut Grove and you It's open. Absolutely. >> Sorry. I'm sorry. Will >> that's my sir. If you're you're if you're going to speak, you need to be on microphone. Chief development office.
>> It's not the >> Sorry. Thank you. >> Sorry. I'm will chief development officer partner for major food group. Um I just want to correct Kobe from an operational standpoint. Someone could absolutely come in, jump in the pool. If
they wanted a table to seat for food or drink, they would speak to a hostess like any other restaurant. But they're free. It is a public park. They're free to walk around, to jump in the pool, to look at the views, to do anything they want in in that context. >> Okay. >> Okay. Sort of like on the beach where if
you want to run a chair, >> correct? Right. >> You speak to the you speak to the host stand. >> If you want to walk around, walk through the chairs, you're more than welcome to as it's public property. >> Kobe, can you um Mr. Karp, can you speak as to what how this would change if the
three variances requested are not approved? How would this change? So basically the the variances are just for the existing current loading area on the north which is where it's at now. We keep it um we would keep the pedestrian
movement and the public bathrooms here on the south. And so it just would move it in a little bit. When we met with staff and everybody, we felt that keeping it where it is now is most logical and gives us more open water
pool green space and that's why we're in front of you. >> How far are the restrooms and the loading area from the sidewalks walkways? >> Got Yamar. What's the dimension on the variance that we're seeking? >> It's uh >> two 2t 6 in. >> Yeah.
>> Yeah. is the difference between the sidewalk or walkways um both by the restroom to the south and the >> loading dock to the north. >> Mhm. It's quite it it's quite negligible. >> It just would mean a bigger building. We
would have to enlarge the building which the neighbors don't want and we wipe out the sidewalk >> and what I'm sorry >> we would have to eliminate the sidewalk. >> Okay. And we want to keep the sidewalk because we want to be able to walk and make the pedestrian connectivity. >> And how about the one on Ocean Drive?
How would that change? >> That would mean that again the the primary building would have to be extended to the west to about 5t from our front property line, which
again is not ideal. >> Okay. >> I have a quick question. So, um, Nikki Nikki Beach to me was one of the reasons why I moved to Miami nine years ago because it's one of the more iconic properties I think in the entire Miami
Beach. And, uh, I do like the new design. I think it needs to be denser and more uses than its current setup. And a re renovation won't do that. So, also like how you've includes included more
landscaping and more vegetation than what's currently there. But uh the temp contemporary design seems more like something you'd see like in Tulum or Bokeh and but not I'm not trying to offend or anything like that,
but how come only stuck stuckco was used? >> What's that? >> Why only stuckco for the exterior and not any other like textures or anything? >> We we looked at doing stone on the facade is yeah uh Akil. So that's a good point as well and I would be I mean able to study that. Absolutely.
>> Yeah. I'm not trying to >> No. Why? On the contrary, Stuckco seems very >> that's what we're here for, you know, and like I said in the beginning, I'm in agreement with staff comments and recommendations as well. >> Yeah. I just think just plain stuck out by itself
might get dedic more more different finishes on the exterior will be on the facade will be >> and we do have stone at the base and if you wish us to move it up and study that, we'd be happy to do so. So, it's more visually like there's some texture to it. But yes, sir, >> that's my opinion.
>> So, I have a question. >> Um, >> may I or this point of clarification, the sidewalk, you said it has to be eliminated. Is that the south sidewalk? >> Mhm. >> Thank you. >> And everybody we met with really like the sidewalks and they like the
opportunity to walk back and forth. >> Walking is huge. >> Yeah. So we felt that, you know, it's like Will said, we want people to come in and have the site pores and that's what it's about. >> So I have a question. So I've had some major philosophical differences with staff regarding variances and we've had
applicants that have completely created the hardships and staff has approved the var has recommended approving the variances. In this case, since this is a new building, are the existing conditions part of why you're seeking the variances? because
the existing parking lot is where it is and you're making it less offensive than it used to be. And I get the other ones. I get the sidewalk and whatever. But is that is that the reason staff is approving it? Because again, we're starting from scratch. You know, I
you remember when they split a lot and then they asked for 11 variances and I thought it was outrageous because they split the lot. They caused it. Same thing with a bridge with anyway. So in this case, I just want clarification as to why staff is recommending these variances and not making them with a new
project. >> So So it's precisely that. So on the south side there is a sidewalk that is on private property. Typically the sidewalk is in the public rightway. In this case the sidewalk is on the platted land. Immediately adjacent to the
property line you have public parking. So the so you would have public parking spaces abuing up against the building which is not a situation that that makes sense. So we'd like to preserve that parking lot on the north side. Um most of the building follows follows the
required setback of 2 ft 6 in. Um however there are some areas where where the facade jogs and and if they did not have the the variance the the building would be an exact box. Um and so they're providing some movement on the facade. um they would have to provide a much
larger building than than they would like to build and that than what the residents want to see. So we have no no there is a practical difficulty on the north side in terms of forcing them to design the building as a as just a solid um flat facade
>> on Ocean Drive. Um we explored we asked the applicant to explore bringing the building up to Ocean Drive. um that would require them to have expand the pool deck, expand other other things that would make it impractical to provide the public parking that is also
required. Um certainly we understand you know the the urban planning point concept there. The reason that we have a build two line is to have a continuous urban street edge but in this case it made it impractical and unfeasible to be able to provide that public parking um that is that is that is a requirement
here that exists today. Um so >> so it is because of the required parking that this Okay. Yeah. >> And and the design overall not to >> not not to to be able to fit in the the plan that they want to have and and make
that public parking feasible. Okay. Yeah. There is there is some limited parking I believe underneath the structure. Um so they did bring the structure forward from what they had initially proposed um to minimize that variance. Um but but it was it was um ba
basically impossible to provide that public parking and and move the building all the way to the front to the 2'6 in setback line. >> Um so thank you for telling us a bit about the circulation and that you want to open it up to the public. Um my
question I'm also wondering so I I'm looking I found in the architectural plans you know elevations of all the different sides of the building which in general I would have liked to have seen renderings of all the different elevations. Um but can you tell us a
little bit more about the design intent behind the choices that you've made? Yeah. So that was a strong collaboration actually with the city staff too because we wanted to create a pavilion in the landscape in the park that is reflective of our time. So that's also where the
design came from in in the free flowing pavilions with the covered areas. So what we did is when we looked at it, we looked at inspiration as you saw originally in the historic imagery that Michael took us through. We felt that this design is unique and special as a
landscape pavilion in a garden and doesn't look uh it's complimentary. It's complimentary to the community. It's complimentary to the neighborhood to the historic structures across the street. So we felt that that is the DNA and that is where the inspiration for it came from. And that's why when Akil started
to say oh you know look at the stone right I I think that that is something that is viable. We have stone on the facade and actually to study a bit more stone is quite fine by me. >> Where is the stone exactly? It's on the lower half. >> Yeah, it's on the lower part here, sir. >> Uh-huh.
>> Do you have um a I think you did a picture of the front. >> Yes. >> Rendering of the front to look at. >> It's there too, >> right? Yeah, that's what I was looking. So, so your concept was to create a pavilion in the park type of structure. And then just so just so I know what I'm
looking at and I think it was just the rendering to the left and to the right those are enclosed spa of the stairwell. Those are enclosed spaces where the restaurants will be >> correct. >> And then on the northern side it's solid and that's where the kitchen is. And then to the left there's the bathrooms
and the kids club and all and those sorts of things. >> Okay. So, I I sort of want to piggyback onto what something that Akquil said and I I think that it's really important that you're like this is why I moved to Miami Beach because the the structure
that there is that is there now which is very much a pavilion is very beachy and I think it is a very iconic um sort of structure that it does it creates a really nice transition from the street
to the beach. Um, and I think that that is one of the reasons why it's sort of embraced by the community as as this. One of the objections that I have to this design is that I do feel like it really sort of separates out that that
it blocks the beach. Um, and it doesn't have I mean I know you're saying that there's you know the circulation and that you're going to incorporate it but the actual physical I mean the fact that this building is so big that it you know it goes not lot line to lot line but it takes up the majority of or certainly a
larger portion of the property I I think sort of blocks that relationship that I would really like to see between this structure the the the redesign or whatever this structure um yeah I I would really like to see something that has more of a
relationship to the site because this is such an important site. It's really beautiful. Like you're saying, there's a lot of civic and public uses that it's always busy around here and I would like to yeah, focus on that. This just doesn't
seem this doesn't seem Miami Beachy and and you're replacing a structure that really very much is. So that that was my impression and why I'm trying to really understand as best as I can what you're trying to achieve here and how it it's
almost like the massing is it's too massive. I don't I don't know. >> That's that's exactly my point. It just doesn't look like it's it might be >> Right. Right. And this is and again this is we're you know this is city land. you're talking about how this is
something for the residents uh you know visitors whatever that's my only concern with the design concept and I don't know if the other members you know what your I I'd be curious to know what your thoughts are Adam on the design >> I'm sorry let me just ask you in
relationship to their comments there between the two staircases going up or what appear to be two staircases going up there's here on this right side drawing Um
there appears to be um a signage or a a pole or something in the center. When you go through that, are you then into the open area in the back? >> Correct. Yeah. What happens is you >> So if you were to remove that or do
something with that that column that sits between the two scar staircases, would that open it up further? >> Because also this picture is only also showing a small portion of the property.
What's not on that picture is the two all we're seeing here, all the materials are providing us are the is the center portion. There's sections of the building that are solid that are right >> that aren't provided to the to the north and south >> that's really contributing to this sense
of I don't want to call it it's not a wall cuz there is some permeability there's windows there's but in general that was why >> not very stuck up >> yeah the exactly the other one had a very good sense of indoor outdoor and this feels very enclosed
>> so what we can do is certainly we can study to open up the arches even more. We can certainly delete the column in the middle as Mara is noting. That's perfectly fine by us. We can certainly do that. That's not an issue for us at all. On the contrary, we have it open
all the way around, right? That's where people walk in. So whether you sit in Sadil and so forth, when you look at the elevations, they're all open. We do not want to have a wall. On the contrary, we want to just open because the landscaping and the open is what we are
striving for. And so to that point, so what we're looking at th in between th those are individual buildings and there's entryways. >> That's not a solid section all the way down the south elevation. >> Correct. And that's also where you have
the public bathrooms and outdoor um showers and so forth. >> So you have all of that is open and porous all the way around. >> That that courtyard you showed behind that picture, that's on the second floor. >> Yeah. It's hard to >> Yeah. When you walk up,
>> that's on the second floor, right? >> Yes. So, to be specific, as you >> And that's what you can see when you turn around. >> As you get closer, you walk up the steps, you get dropped off. And again, that's the meat base. >> And that where the canopy is >> is right there. >> That is only the second floor. Correct.
>> So, how tall is that floor? Because those trees >> Yeah. >> How this is about >> No, no, no. The one you're holding in your hand. >> How tall are those trees? because I have never seen palm trees that fit inside. >> This is about 15 ft in height and then
the trees would go through it. This is just >> and you'd remove the covering when the trees got taller. >> Of course, because this is just an open space in the middle. So, like we said before, this is all open right here in the middle. So, you walk right through.
And when you look at the um plan, you can see also right here, it bifrocates it right here in the middle. This is open. And then it opens out the public bathrooms. And this is Sadel's right here with the canopy outside. And then when you look at the
plan, this is the open vista straight through. >> Yeah. And so where are the the canopies? Another >> the canopy is right here. So you have a canopy. >> No, I mean on on the photo that you just showed us with >> right here. Only right here in the middle. >> So it's it's not on that drawing that's
in your hand. >> It is. No, it's above. Right. It's the ceiling above. Right here is the canopy above. >> Right. >> Yeah. Because that canopy is just moves in and out. It's adjustable. >> But I mean once the trees grow, it's not going to be there.
>> Correct. It's it has to stay openorary. >> Absolutely. Um, I think that what might help with that massing is like I'm looking at this photo on the left. I mean, it's it's that middle wall massing, right? And that I I wonder if if playing with the
the visibility or the permeability of that middle section would would really kind of get that indoor outdoor effect. You almost have like two which you do. you have the two separate structures and then that joining mass is less it's
another structure making it look like one entire structure. >> Absolutely. >> Um that would maybe be I that would maybe exploring that could >> could get get us there. Yeah. >> Um I I'd also love to see, you know, the
Sadel's Cafe that's supposedly, you know, the one of the more public facing areas. Um >> that's a possibility. >> I I it's hard to picture it picture that right now. >> All right. So on page 8301, what you have is you have the sitting
area for Sedell right here. These right here are the public bathrooms right here. And then over here it comes around and that's a sidewalk that continues and connects everything all the way through. >> My feeling in general from everybody's
comments is that I'd like to continue this or I'd like to make to continue this design so that you have the opportunity to incorporate it cuz I do feel we all seem to be in agreement that there needs to be a little bit more openness and permeability and
relationship to the site and to the community. I also I I feel like we're asking you a lot of questions because the materials you provided were not complete or at least didn't don't illustrate what we have questions about
it. it, you know, I'm finding in my brain and maybe you guys that we're I'm trying to synthesize different things, whereas I would just like to see a drawing or a rendering that just shows >> some some views from >> Jordan's house, right? >> From around some angle views from around the corner looking towards the
bathrooms, looking at sadels a little bit more from the street. >> I think a material board would be helpful just to know >> because I I I agree with everything the board say. Just want to add my before I forget about the the front facade. I
think that it's sort of I I I appreciate the arches. I love arches. I actually like the signage and and it's sort of nod and the fluidness. It sort of reminds me Miami Beach sign. I think that's nice. I don't think we'll ever be able to see through to the beach because
it's of its elevation, unfortunately. But I think that there it could h and I and I'm sort of picking up on what everybody's saying like maybe there's a break in the in the in the roof line or something just so that there is more of
an apparent opening that that shows that and we're not going to be able to sit on the sidewalk and see through. I I that would be nice, but we're not. Um, and the arches, like I like the arches, but we have just one flat line there. And maybe there needs to be some some play
there. I'd love to know about what the lower materials are and the upper materials, too. And if there's some undulation that happens on that facade and what like around the corner is really what I want to see that way. The other side. Um, I'm not that's sort of
my design as a material board. Different angles of views. Um, I'm still not 100% clear personally on if I'm if I found a parking spot and I walked in
I go up the stairs and where am I? Am I am I am I walking through this this beautiful path that's lush and I'm passing two amazing restaurants which I know there will be and or am I is there is
there a public thoroughfare path? I I I tried study and I just I want to know what the when walk me through that as I come through the through the stairs and I want to go to the beach that way and maybe I maybe I I just want to walk through there as I wait because I somehow I got a parking spot. I just
want to know how much of it is leaning towards evening dining and overflow from the restaurants versus this being public and there's two pools and there's a centerpiece and you've got you've got everybody going like this flanking right
and left from when they walk in and that's where I got a little bit confused and I just I just want to hear the the story of of how I experienced through there >> and can I also and to add to as well. I'm also not clear.
You go up, you walk through on this. What section is raised above the parking lot and what is ground level? >> So, >> which I think is related to activity. Very good. Yeah. So, essentially you ascend up here. This is open. And then
you walk through and then you see if you look at the elevations and the plants, it slowly and gentile slopes down back to the ground level. And that is all a sloping down effect right here. And then when you arrive here, you're looking
over the landscaping and the green and the pool and amenity area, which is all open to the public. So upon arrival, the vista opens up all the way across. And that all slopes down. And then if you look at the section, you have the
section and so forth. But I take your comments and if you want me to come back with the material board and those images, I'm certainly will. Right. >> How do you then get down? >> So in here and I will put it in pink color. But in here within the landscaping and you made beautiful
gardens that have you walk through within the tropical landscaping all the way down to the ground level. So whether you come from the boardwalk or you come from the street, the only place that is elevated is only here cuz the parking is underneath. So we have to meet the base
flood elevation criteria. That's the only place. >> So the grade starts to change at the second pool >> right here. >> Immediately. Yeah. And there's steps and all of this is sloping down and bringing you down to the ground level. Absolutely. When handicap accessibility for strollers and handicap.
>> Mr. Sure. >> Um I'm struggling this with this because this I mean it's a beautiful proposal. I'm not going to say that. >> Thank you. >> But what I'm what I feel it's more urban than beach.
This to me looks Coral Gables. This to me looks Palmetto Bay. Definitely does not see I do not see Miami Beach there at all or beachfront at all. So that's where I struggle. That's where I I I question
it. Um, you know, everything that they say is valid. Everything that, you know, has been proposed, but to me, this looks extremely urban. >> It just doesn't look like the pavilion that we have there now. So I would say that we would probably need to like
redraw a little bit better to what the environment is, not to what really this wants to go. So for for that point, I I I just ask that we come back and and we look at a different design because to be honest
with you, that to me that screams core gables, Pomemetto Bay does not say Miami Beach at all. Maybe it'll be helpful in in next time that the landscape team comes back and talks about like the different ground materials from boardwalk up and see if
is there is there sand? Is there shell stone? Is it all hard pavers? like so we can see what it what it looks like from the boardwalk because that's >> two members that are asking for beach vibe and and more open and and
>> you know grasses and sand and what what it was instead of being like okay here's a hard line and we go right to concrete pavers and paths and beautifully manicured which which is nice but I you know that I don't know sort of bridging the the softness of the beach up into
the the beautiful manicures. >> Mr. Chairman, >> I also or I was going to actually say too that in your presentation you added um the Smith and Winsky and as sort of a parallel at least for operational uses and that too I mean the building is much
smaller but that's something where there's a relationship with that building in South Point Park and again it's you know not everybody's going to go into that but I I think that's sort of what we're getting at. There are a lot of things about this project that I like I like the the vista that you've
described. I like the sort of gradual flowing into like I think that's really nice. And I think that you know there are definitely the directions that you've chosen with I like that but but yeah I I do think that there just needs to be some refinement and you know
looking at the relationship of the structure to the beach. >> Thank you Senator. >> Mr. Chairman, can Will just say brief comment? Yeah, if I could just say one thing quickly. I think our challenge to Kobe was to to make it about the beach. And it's obviously the opposite of what we normally do with our approach to restaurants where you walk in and you see a restaurant first. And so there's
no way to your Mr. Turman's point, there's no way getting around the fact that you can't see the beach from the sidewalk. There's dunes, there's elevations. So we raised the elevation to bring the building up a little bit so that we opened the space up. When you first walk in, you walk into this large atrium area that you see underneath
those um the covers there and you don't even see the restaurants. The restaurants are deep to your right, to your left. All you see is beach, beach, beach, beach. And that was the the challenge to Kobe. We went through 10 iterations trying to to get there. Um but our goal was the openness that I
think you're describing. I'm not sure it's being 100% >> conveyed in the the renderings here, >> but we wanted to we wanted the first thing you see and the only thing you see when you walk to the top of those stairs is the beaches and the restaurants are completely secondary. And then you go through the landscaping obviously is
done and down towards the pools, but you're really just looking straight out at the beach, which is why we raised the property to that to that level. Yeah, >> maybe a rendering showing me first enter building and looking towards the beach and >> pool. I'm convinced that more views and
everything will really help convey the intent. I even wonder too if again like and I don't I don't want to design this for you or step on your toes but even if the roof instead of it being flat what if that you know highlighted the arches like
something to have a rhythm to it which maybe that's also something that you know >> I as the nonarchchitect Kobe I look at the center and I like it a lot and then the sides that's to me where the very
commercial subb thing comes in. So I find the the sides just giving up the the middle add you feel depth and you feel variety whereas the sides just all seem like the same. It almost looks like not a strip mall, but the concept of
these of these even evenly spaced flat mirrors that seem mirror windows that seem almost flat against the surface and there's no depth or or movement there that I think would add a much more feeling of transparency like the current
thing is very transparent. And that's all that's all I would say is I just I find the sides really kind of >> and I think also we focused a lot on this front view, but in looking at the elevations, one of my concerns, something to think about too is I'm
looking at the north elevation and there it looks like there's an entire building and all that's punctuating it are two small doors. So, you know, that's what is that? That's Second Street or something. You know, that's that's also something to address. Um,
yeah. I don't know if it's helpful to bring it up or if everybody else is looking. >> Bring us bring us inside more to see the interior and facing from beach facing. And I I'd like to see what the the ba bathrooms look like. I sadels. I I I'm
sure they're standard, but that is part of the the plan, right? They're new they're new bathrooms and changing rooms, right? >> Absolutely. So, I'll bring you the renderings. I'll show you all the elevations rendered and I'll give it I'll take Gabrielle's comments in as well. and the material pallet >> and the materials like AK and I discussed and we'll take it from there
and we'll come back to you. >> Thank you. >> I will also say too my big concern with this project is is that you know the one thing that is deeply lacking south of Fifth is parking. We've got lots of
wonderful very high-end restaurants, but you know I'm glad that part of RFP included parking. I I I feel like that as a resident, as somebody who would like to go to the beach and to use this area more, parking is what stops me. And
so I don't know again like to go back to this is a government, you know, this is a city property. I I I don't I just had to throw that out there and make a comment that that's something and I know so I think that raising, you know, putting parking underneath and that seems to be specifically for the
restaurants. Um, and I guess this is also something that will be addressed more with the planning department just to make sure, and I know they do this in South Point Park, that the parking, the public parking is for beachgoing public and that the
restaurant parking is that the restaurant parking doesn't encroach upon the beach parking because I think that that's a really important part of using public land for all this. So yeah, >> it's good to hear you say something. >> Yeah.
>> About parking. I I I that just brings >> Yeah. No, I mean I even somebody just asked me the other day, you know, I have little kids. We want to go to a beach. What do you recommend? I was like, South Point Park is the best, but it's very hard to find parking around there, and I don't want to sacrifice parking in this
neighborhood. I think it's really really really important for everybody, even the people that live there when they have friends come and you know it's it's and this is the one section of the city that doesn't have a multi-story municipal lot and I think that we need to be aware of
that and there's a lot of um permitted parking around which understandable you know for the residents there but it's just >> for the for the parking variance I I think that that's this is a good thing. >> Yeah. >> Yeah. I don't really mind the v the variances make sense to me. Yeah.
>> So, >> okay. Thank you, >> Mr. Chairman. Since we may not be approved today, >> um could we go to February? Kobe has a very large firm and I think he'll be able to accommodate all the revised drawings in quick order
>> if that's okay with you all. >> I I understand. I wonder to I'd also be very curious to see to the points that we started to address at the beginning how what the planning department what their discussion is about how that that might end up affecting
the design or whatever. I mean, I would recommend I don't want to be in this position again where we're like, "Oh, yeah, this is what we think, but what's the planning board going to say?" What? And I know that next month we're scheduled afterwards, but I would hate for the planning and I don't know what
you know, but if they I I guess you'll just continue it if they make major changes or whatever. >> I don't see that happening, but that that is what we will. >> You're saying that the planning board meeting is before our next, >> right? It's on February 3rd. Yeah, >> you would like to come in you would like
to come in February instead of April >> correct >> or March. >> I mean I gotta I mean I I don't know see what you said. For me this seems like there's there's a lot to really explore. You know I would recommend March over
February, but >> I'm okay with February Sarah just because we've had these discussions and the various options we've looked at. So your comments are very well. We have them implemented and so I don't think that it'll take us that much to come back and working with your staff um has been a pleasure. So I think it's fine
for us to take an option and come back at that time. >> Okay. Then I'd like to make a motion. >> One one quick issue and >> you know what actually the public portion >> No com this is not a comment. This is just to preserve the record. >> I just want to make sure it's on the record because I was away from the microphone before. I asked for a minute
of time to rebut the factual issues that Mr. Lurin made about my presentation and just to confirm the board did not allow that to occur. >> So, Mr. Turns, I'm sure you'll have a lot of opportunities at the planning board and that's really the more appropriate place to mention those. I'm going to make a motion to continue the
project until the February meeting. >> I just want to make sure I was not allowed to speak again. Is that that's right, >> m Mr. Mr. turns the the application is going to be continued to uh very likely the February 12th meeting. At that time, you will have another opportunity to address the board. >> Thank you very much.
>> Then we gave you 12 minutes. >> Uh second >> motion by Miss Giller Nelson, second by Mr. P. That's uh to continue to the February 12th meeting. All those in favor. >> I I >> Thank you, ladies and gentlemen.
>> I I would need just for for the applicant everything by Sunday the 25th so that the 26th we can start reviewing and updating our staff report. So, >> okay, that's it. >> Okay. So that's it. The next meeting will be February 12th.
>> Thank you. Motion to adjurnn.