##VIDEO ID:7hATmAWmM1E## 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 okay good morning everyone uh we are here for the February 4th planning board meeting um just a preliminary announcement that we are going to um have a a a Time certain of 10:00 a.m. for uh planning board file 2478 and 24693 which uh pertains to the doville project um and there's also a uh planning board file 24719 has asked for a continuent so uh but we'll get into that as we go by um first if I could get a um a motion to approve the minutes from the last meeting motion to approve you again a second second it okay all in favor I anyone opposed okay Mr City attorney good morning Mr chairman and members of the board today's meeting of the planning boarded in a hybrid format with the board physically president in the commission Chambers at Miami Beach City Hall and applicant staff and members of the public appearing either virtually or in appearing either in person or virtually via Zoom to participate virtually in today's meeting the public may dial 1877 853 5257 and enter the webinar ID which is 86143 42 6327 pound or log into the Zoom app and enter the webinar ID which again is 861 4342 6327 if if you're wishing to speak on an item click the raise hand icon in the Zoom app or dial star9 if you are participating by phone if you're appearing on behalf of a business a corporation or another person you need to register as a lobbyist with the city clerk's office if you haven't registered yet you should register before you speak to the board you don't have to register as a lobbyist if you're speaking only on behalf of yourself and not any other party or if you're testifying as an expert witness providing only scientific technical or other specialized information or testimony in this public meeting or if you appearing as a representative of a neighborhood association without any compensation or reimbursement for your appearance to express support of or opposition to any item expert Witnesses and representatives of neighborhood associations shall prior to appearing disclose and writing to the city clerk their name address and the principal on whose behalf they are communicating if you're an architect attorney or employee representing an applicant or an objector you must register as a lobus these rules apply whether you're appearing in favor of or against an item or encouraging or arguing against its passage defeat modification or continuance um lastly I'd like to swear in any members of the public or staff who be testifying today please raise your right hands do you swear or affirm that the testimony you'll give in this proceeding is the truth the whole truth and nothing but the truth thank you you got it back there okay all right everyone swor in thank you um we have quite a few requests for continuances the first is planning board file 24656 1235 Washington Avenue nightclub before we begin um can I ask um PJ to promote me on the zoom call just a second what does that mean promote me on The Zo so I can see the who's who's calling in from the public and I didn't know the word promote me was the right haven't heard that so yes our first request for continuance is pb2 24-65 6 for 1235 Washington Avenue do we have any here anybody here representing the applicant if not the applicant has requested a continuance till the March 4th meeting okay any just any reason that we know of I think they were working trying to work out um some some more finer details on the on the application for submission so um did you want to say something Mr Lin good morning Michael lurin T South Poli CL Boulevard here resident applicant we're trying to work on support agreements or immediate neighbors is taking some time but we're trying to wrap that up before we appear before you all okay anyone else here to speak on this anyone on Zoom so I think we have a couple callers on Zoom but I don't think they're here for this application um Jr belt no um so yeah nobody else is on Zoom for this application so want to move it to March motion to continue this item to March okay okay all in favor I all opposed okay move to March next item planning board file 240 7031 1250 West Avenue Alton Beach Bayfront overlay District comprehensive plan Amendment we'll take that together with um pb2 24- 0698 the companion um ordinance regarding the development regulations also for the Alton Beach bayron overlay District I believe the applicants requesting a continuance on these items till the March 4th meeting that's correct Michael and I think uh we're doing the same thing that Michael Lin just mentioned we're continuing to work with our neighbors uh to secure their support okay anyone else here to speak on this anyone on Zoom there's nobody on Zoom their hand raised on this okay you want it to March you said yeah okay can we get a motion motion to continue okay okay all in favor anyone opposed okay move to March thank you next is file planning board file 22539 uh the Anglers Hotel 660 Washington Avenue do we have anybody here from the applicant on this item I see someone coming up are moving fast good morning Emily Balter Berker fernz L and tapenz offices at 200 South bisc Boulevard we're respectfully requesting to continue this to the April meeting uh in order to work with our neighbors on sound testing before coming before this board and that would be the April 8th meeting there's nobody with their hand raised on Zoom for this item anyone else in Chambers okay motion to continue okay move to uh on in favor anyone opposed okay move I have a quick question how long have y'all been continuing this how many times has it been continue I don't know the exact number of times but we have exceeded the one year so we we uh we will be Ren noticing and pay the notice fees so we did re have to read advertise it for this meeting um so they that resets the clock so it can be continued for up to 120 days more from on this meeting date do you think you'll have it resolved by then we hope so if not we we wouldn't come before the board and waste your time all right so all in favor anyone opposed okay move to April correct correct April 8th okay next file planning board file0 24734 increasing enhancing porest surface requirements for parking lots and driveways and this was heard before the board last month remember you continued it for us to do some more research and so we're still getting information from the county and the County's requirements so we need some more time before we come back with you with that information so we are requesting that this be continued to the um March 4th meeting date okay anyone here to speak on this anyone on Zoom NOP okay can we get a motion to to continue okay Melissa okay all in favor I anyone opposed okay the last one we need to vote on is um planning board file 24719 1350 call Avenue and we have um Bob delente representing the applicant on this application Bob are you there uh good morning yes Michael I'm here good morning Mr chair members of the board my name is Bob Dente with Law Offices at 1200 brickl Avenue on behalf of the applicant um yes the suggestion of Staff um we've agreed to a continuance until the March meeting we have conducted additional testing but staff has not had time to review the results of those tests and we are also doing a follow-up test uh in a couple of weeks and um staff will attend to that one to confirm the sound levels so with that we'd like to continue this item until uh the March meeting okay anyone in Chambers to speak on this anyone on Zoom there's no one on Zoom with their hand raised okay you he there's one on Zoom no no there's no one on Zoom motion to continue okay all in favor I anyone opposed okay that's moved so the next four items I think Michael you said just have to be re advertised yeah I just want to reference those numbers because we did advertise them initially um in the heral just so anybody who's looking at this these will be read advertised for the March meeting and this is the pb25 d737 the Lincoln Road West residential use incentives comprehensive plan Amendment um the companion um Land Development regulation ordinance for pb2 24- 0731 for the Lincoln Road West residential use incentives as well as pb25 073 8 the Lincoln Road East residential use incentives the comprehensive plan Amendment npv 25739 the Lincoln Road East residential use incentives the Land Development regulation amendments those will be read advertised for the March 4th meeting okay great all right as far as discussion items um I guess I'll make an announcement that yesterday a new planning board member was appointed Keith marks and um Matthew gutoff was going to present on the loading uh including truck exer sizes and safety so we're going to defer that he will be contacted to see if he would like to present to us at another time and 1501 Collins Avenue uh I think is being deferred right to march to March okay we didn't have time enough to hear back from them in terms of contacting them so we need to give them more time to respond and and give them availity to come back to the March meeting okay so that'll be moved to March okay so we're on to revocation modification hearings item 13 planning board 21442 743 Washington Avenue th Von doome and this staff report begins on page um 15 of the board packages so just in terms of the recent history back on May 29th of last year um planning staff sent a cure letter to the applicant and requested they appear before the board for a progress report on June 25th of last year on June 25th of 2024 the planning board held a discussion on the progress report and Contin continued that to the July 30th meeting on July 30th the board um did discuss the progress report and set a revocation modification hearing for September 24th on September 24th of last year the board did vote to modify the cup as recommended by staff and continued the revocation modification hearing to the November 26th meeting November 26th of last year the board did discuss the revocation modification hearing and continued it to a a date certain of today now since the um the last hearing the last time this is before the board on November 26 no new citations or violations have been issued to the property over several of the violations that were previously appealed to the special magistrate have been um adjudicated um the first was a a violation regarding tinting on the Windows um that was appealed to the special magistrate who on on January 16th there was a adjudication of guilty even though the tints had been removed um the second case was regarding queuing on the sidewalk that was reviewed by the special Magistrate on 113 and the special magist um denied the appeal and adjudication of guilty on that citation as well as another citation regarding queuing on on the sidewalk appealed by the spe appeal to the special magistrate reviewed on the same date and that was also um the appeal was denied with the adjudication of guilty now staff is recommending that the cop now um still be modified to um include a Prohibition on special events or promoted events of any kind so I'll recommending that the board modify the cup with that condition at this time and then also o continue the revocation modification hearing to the April 8th meeting in order to continue monitoring of the of the property I'll turn it over to the applicant for his presentation good morning Mr chair members of the board Mickey morero 200 South bisc Boulevard law firm of Burkey Del Fernandez Larin and tapinis here today on behalf of Menor and Co LLC DBA Vendome been here a few times on this on this property um again there was we can go back the whole history again if you would like or I can just kind of focus on what happened since last time there was that one Halloween night event the only queueing violation that had occurred since the middle of May when everybody got a queueing violation in May when there was sort of like a an emphasis on on night life venues since then they submitted a queuing plan that was shared with this board and a queuing uh narrative that was employed and since then there were no queuing violations despite the fact that 88 going into last time and I think 16 more since there have been now 104 proactive investigations by code since the beginning of the summer that means code go without without a complaint which they have every right to do and they do that effectively to see if there's a violation to see if there's a queuing issue to see if there's any violation and since that uh May 2024 other than Halloween night which I spent a great deal of time explaining the dubious circumstances of that other than that one night there were exactly zero queing violations from May till today zero except for the one in Halloween which I can go into that those details again I'd prefer not to but it was definitely very very very nefarious how that occurred uh this is peak season so when we were here last time we were told well to have no violations but it's not the busiest time of the year well now it's been the busiest time of the year since the end of October through today and there have been no violations not during our basle not during Christmas holidays not during New Year's Eve not till MLK weekend whatever holidays you want to throw in there there's been a bunch and they've been very busy and they've managed the queuing well there have been no viol how many promoted events have happened during that time Brian they have a couple of week I mean again that's as I've explained before what that that's always been a dangerous term because promoted events you're thinking concerts again they promote who's going to be there it might be a local DJ but he's promoted they they let me interrupt you a second Michael can you define promoted events if you give me a second I'll look up the um what's defined in the alcohol section city code so give me a because if you're asking this to you know if the recommendation is to modify to eliminate them we have to know what they are I I also had a question you said there hadn't been any violations except for Halloween but I'm looking at November 5th and I'm also looking at November 1st so November 1st is the Halloween one yes that was that was because it was after midnight okay I don't know what November 5th is that was that was that was the date that was entered but it was related to the it's the same violation to the Halloween event yeah um so what about impromptu promotions impromptu performances so are you talking about the the item that was in the commission yesterday I know okay because there was something about people that drop in and there's a modification that section I I wasn't familiar with that you know I saw it on the agenda yesterday but what they do is and the way the code reads when you have an artist be it an appearance a performer scheduled to come they have to notify the police 96 hours in advance if that and what happens sometimes is somebody they enter into an agreement within the 96 hours you're supposed to notify the police before you advertise so they do that most of the time they have someone in in the 96 hour period but whenever they don't they notify the police immediately before uh there was there was an advertisement at one point I think it was like in June there was one incident where the marketing people beat the notification people by about two hours and they got a violation for that we came and the magistrate agreed that it was a little bit of a clerical mistake and we showed the hundreds of times we've properly complied with it and they said okay we adjudicate so you don't do it again but we're going to remove the fine because it was clearly a clerical error without bad intent so they religiously notify I'm copied on all the email so I see it I've asked them to copy me to make sure that I'm on top of it but they notify properly and again there's never been a police related incident as a result of these in their property they I know that there have been issues at other locations but these guys have probably more than double the security most of these places have they're aware of the spotlight that's been put on them and they are acting accordingly you know when I in my 20 plus years of doing this if I have a case where I have to come back and there are no new violations the result every single time has been okay no more progress reports I if we need to come back another time I'm happy to come back I I I don't think it warrants modifying the conditions which would effectively completely their ability to do business they're a small venue they've been able to manage why why do you say that because since they've been open promoted events is something that they've been allowed to do and that that's that's how they generate business it's their business model they have you know someone that comes in whether it's a celebrity uh an artist whatever it is a DJ they announce that that person and that draws people there they generally sell tables in advance which is why they limit the amount of people on the on with the queuing they've now doubled their staff it's been effective they haven't had violation again it's one thing to say no violations but nobody knew about it code was there almost every time they were open that's evidence in the record and they still haven't had violations so what I would request is that you know again if their violations are issued I'm sure we'll be right back before you but there it's it's been since May there was one and it was dubious at best here we are it's it's February I I I think it's this has been more than enough scrutiny on these folks they've been doing a good job to penalize them by modifying their order to a way that will their business I just don't find it warranted here I I really don't I'm puzzled why we're in this position but here we are they've been doing everything they've been asked to do the tinting violation I bring it up because it's just Preposterous the tinting had been there for probably 20 years I was at an inspection with Police Department code planning the tinting was there we actually pointed out to the condition they said it was fine four years later it's a violation they removed it in July that violation is still open I went to a hearing it was adjudicated because the the point was that the the tinting was there when we when we cited you yes it was there no one's doubting it was there but it was inspected before and it wasn't an issue it's gone now it's been gone since July but it keeps coming up as this this horrible violation it's it's really just kind of bizarre but again they've been under a ton of scrutiny they've withstood it there not there have not been fights there have not been issues no one's complaining about noise over there there's not been one noise violation it's a queuing violation on Halloween night under very dubious circumstances I think you all here for that and you know frankly my belief is that they should be let off and not have to be coming back but if he wants to come back you know at the end of the spring or whatever is appropriate we're happy to but to to take away conditions I think is over onerous here and I'm happy to answer any questions that you have yeah so just in terms of the code definition for a promoted event it's a ume says a promoted event or concert shall mean any Live musical performance or live entertainment in which an Entertainer is advertised or marketed to perform at an alcoholic beverage establishment and again that's almost every night they're open there's there's if a local DJ is advertised that's a promoted event if it's an artist that that is coming from another area that's a promoted event this the code has language to protect if if the police feels that a particular artist draws a crowd that they're not comfortable with they work with the venue and they you know are there if necessary it hasn't really happened but that's what the code sections are for there's a layer of protection already exists we follow that strictly and that with the queing plan that we've submitted and all the scrutiny these problems have been solved and if for some reason something changes in the operation and violations start being issued we'll be back here right away you all know that but but I think these folks have been through enough and they've responded quite well all right is anybody here in Chambers speak on this item anybody on Zoom there's nobody on Zoom with their hand raised okay close the public hearing uh questions uh you haven't had any special events I guess it's just promoted events right um you don't intend to do any special events correct I mean I maybe at the very least we could prevent that from happening um I know that the uh you know the queuing was a problem um is it I don't know I I mean I'm not I don't drive by there two in the morning when I guess you guys are busy um you know I I I um I mean at the very least I I wouldn't want to um um uh close this I'd want to keep you know have a set I mean keep the the hearing open for a future date I would want to close it um but I'm I mean I'm I'm open to hear what the rest of the board has to say on this um I just don't think it's something I'd feel comfortable just sort of Letting Go and okay you're free to go hopefully it doesn't happen again I'd like to keep it open just from some of the history I don't I think we need to be consistent as a board uh with the way that we address violations I think we've I don't think you know it's fair to you know pick favorites and just because somebody invested a lot more money in a space than somebody else means that they get can they get a lot more chances to to you know fix it up and and you know make changes and so after a violation so I think they've clearly come here in good faith um and they've you know made the changes that have been that have been able to put them in compliance I'm impressed with the amount of Code Enforcement you know uh surveys that have been done where there's been nothing found you know uh and if if it's something that the planning board wants to take away promoted events for everybody all nightclubs I think that'll be you know obviously crippling for the entire you know all of Miami Beach so I just don't think that this is right now I don't think it makes sense based on this U and so I would just and in terms of leaving it open you know so just logistically speaking what would that do you know leave it open for another 60 days it you know we're still relying on the same code enforcement officers to go and do their random checks if there's another violation then I guess it makes it a little bit easy easier for us to modify the or revoke uh their cup but if they were to if we were to but they're that also requires them to continue having to pay a lawyer to to come back here uh and you know stay involved in this when the only real difference is that I guess when if they do have a future violation it would be I guess a 30-day notice that they have to come appear before us for a status report and then another 30 days for a r revocation modification and so at the end of the day it's not and I should point out there's no extreme time sensitivity because there's no neighbors who are complaining about this uh really nobody's complaining about this so I just want to point those things out I I'm I'm in favor of closing this out and I appreciate that they're working to increase security and change their their queueing plan uh and it seems like it's it's proven ins sufficient obviously we'll you know we'll be back and if it's not and we have the history of what happened you know if they're back and but I hope they're not um couple of questions what's the process for requesting a special event it's done to the special events Department usually that's to exceed for example the occupany limits and that requires a permit correct special event permit right have you guys had special events to my knowledge no what that does is it's you increase occupant load you get extra valet operators had any of the previous violations have happened just no meaning just in the normal course of business but that's what you've all corrected it's not like it happened during a special event correct to my knowledge there been no special events that's part of the code definition to your knowledge though can you verify one or the other yeah I mean again I it's never come up I I can almost certainly tell you that there haven't been I mean I'm I just would like a yeah a yes or a no I'm gonna say no with there may if there's one three years ago I don't know about it's never been something that we've discussed I don't believe they've ever had one so so I'd be in favor of keeping uh the security change in here keeping the addition uh of the special events prohibition continuing this to April because then you have the whole spring break I mean if there are no issues after that period of time then you guys have really just hit out of the park right I mean so that that's kind of my personal sentiment and we take it from there I I agree with that good Melissa um I'm the same wave as Jonathan I I think that uh the concerns have been addressed uh we haven't had any more history of complaints neither from Neighbors or or from Code Compliance um I feel that if you guys violate you'll be back here and I think that holding the uh business uh um holding the uh lawyers on a payroll right now for something that's been addressed and fix is is not necessary so I think that uh you guys have done the changes you need to do and uh you'll be held accountable things change Elizabeth hi um I appreciate that y'all have made all the the appropriate commendations but I'm I'm going to SL with Shel and and uh vote to keep this open and uh prohibition on special events and um I'm actually going to add in the promoted events of any kind I'm I'm going to go with staff on this I think that uh if it comes back in April and things have gone well there have been no issues after spring break and things like that I think we can look at it again but that's my my position okay um got I have someone's got to make a motion we'll see if it passes so I'll make a motion to um to um no continuance I would I would um no need for continuance I would basically it would be to just um um to conclude the the revocation modification hearing at this time correct to no further changes correct second okay I think you should call roll but was there was there a second on that yeah me Jonathan so I'll do the roll call um Mr freden yes Mr lone no Mr needleman no no Miss Bey yes Mr cement no Mr Elias yeah I'm going to go no as well so that motion fails so you will you make another motion so I will make a motion to continue this item to the April meeting to include the security uh addition to include um special events prohibition but to strike out the promoted events prohibition for a second on that I'll second it all in favor of that motion i i i any opposed anyone opposed okay all right compromise well you a all right that felt good to start the let's just to clear see you guys in April hopefully very short right to be clear this was to continue to the April 8th meeting right yes and Mickey just so you know this is just this is for the Public's safety benefit all righty uh next is planning board file 23609 um 17161 1750 Alton Road the Palmore Hotel this staff report begins on page 37 of the board packages um back on dece almost um 10 years ago on December 15th of 2015 the planning board granted a cup for a new hotel exceeding 50,000 square feet and including mechanical parking garage and accessory restaurant as part of that approval um there were included a condition that the pool deck um should and uh yeah the rooftop pool deck shall only be limited to the use of the the hotel guest and their invitees the applicant is now requesting to modify that condition into in order to allow opening up of the pool deck in combination with the rest on the ground floor and make it open to the public now we noted in the staff report when this application first came before the board back in 2015 we have recommended that the pool deck or the rooftop deck close at uh 10 p.m. even for hotel guests um the cop that was ultimately approved by the board allow them to operate the pull deck um um until midnight so we are recommending that as part of this um change in operation which does substantially increase the occupancy at the at the rooftop that the the pull de be closed um both to members of the public and hotel guest um from 10: p.m. to 7: a.m. nightly in order to minimize impacts on the um the the surrounding neighborhood that was part of the any sort of um the board vote does vote to approve the cop today while recommending some additional conditions that were not in the staff report including um a condition that music shall not be plainly audible at a distance of 100 ft or more from the boundaries of of the subject property we are recommending that there be no alcohol service from the existing rooftop bar now there's some um ambiguity in terms of when that bar was actually approved this project was approved around the time that um there was a a modification to this Alton Road Corridor and that included several code modifications including the pro of um roof of um outdoor bar counters so recommending especially with opening up this up to the public that there be no alcohol service at that um Rooftop Bar um we're all recommending conditions which I think the applicant will also hand out some modified conditions that they agree with to ensure that any sort of um rooftop restaurant use is associated with the um the ground floor restaurant use because the code in this area does also prohibit or only allow activation of rooftop uses is in association with a Bonafide restaurant so we are recommending that there be conditions to include that this um rooftop use be Associated and combined only with the ground floor restaurant this shall not become a standalone a separate alcoholic um beverage establishment well that'll turn it over to the applicant for their real quick Michael what is the what's the closest Residential Building to that to the Palmar Sunset Harbor Towers no there's there's um probably the um the Palm View neighborhood which is immediately across Alton Road to the east you have the commercial buildings along Alton Road on the east side and then you have immediately to the right so do you know the distance to the closest it's over 100 feet it's over 100 feet okay Mickey long time no see good morning again Mickey morero do South B game Boulevard uh burkell Fernandez Lin and tampen you should change your tire something if I would have had one item in between I could have pulled it off but you know it's t it's tough with three seconds with me today my partner Emily Balter by the way our newly appointed partner if you want to give her a round of applause and uh my partner Michael Lin who just got married this weekend if you want to give him another round of applause I did nothing exciting at all is to your husband sorry I went to a 4-year-old birthday party nothing exciting for me this weekend with me today also Ronnie finvarb the owner of the palar hotel and Nicholas stefanelli the owner of Masia and the restaurant that's coming into to the space so Emily's going to pass out conditions that week and I'll get to those you can look at those while we're talking but I'll get to those towards the end but I'll tell you a little bit of the history I think some of you may have even been here Brian I'm talking to you when this was originally approved um this was a project that actually replaced the Boston Market that was there you all remember uh obviously much different use we went through a pretty robust uh application process many years ago it's been open for over five years and has mostly run a pretty great operation um the hotel has been very successful it's a Kon brand hotel in the ground floor as you'll recall for many years they had a an Italian restaurant called Marini which did well for a while obviously you know did not did not stay there and the space has been vacant for a little over a year Ronnie's been working uh for some time if she want to start sometimes I get ahead of my little presentations here but if you can start moving the slides over em be great just kind of shows you where it is I think you've all seen the hotel every day for the last five or six years um that's where we are in the neighborhood that's some pictures of the rooftop that space that exists so this approval was obtained at the time there was no intention you know the the ground floor operator did not seek use of the roof um we did not seek an approval for anything on the roof other than uh the the pool for the hotel guests so that's all we asked for and that's how it's been operating uh the opportunity of doing something different up here has been discussed before and we always knew we had to incorporate the restaurant operator so when we applied originally for this Rini was still involved it's kind of this you've probably seen this application the agenda many times because it's been continued as Ronnie was trying to find the right partner he found that partner in Nick and his group and now we've brought this back before you um if you could move past so here's the condition that we're seeking to modify uh the rooftop pool to actually be limited exclusively to Hotel guests that's that's the intention before um now we're act trying to bring the restaurant component up here and here's the uh condition the conditions in the Alter Road regulations that already limit uses that could happen up here there's you know most restaurants can open past midnight in other locations of the city here the code already limits you to 11: p.m. on weekdays midnight on weekends we're not seeking a variance or anything beyond those hours um no new outdoor bar counters can be put on the roof and no special event permits can be issued at this location we're not seeking to modify any of that there's a little bit of a discussion on the outdoor bar counter which I'll get into later so I'm going to briefly talk about Nick and I'm going to let him speak to you guys when I conclude but Nick is a I've got to know him very well the last month over in this process Nick is a veteran restaurant operator he's worked with countless uh great restaurants in the country one that I know everybody will recognize Thomas Keller's French Laundry he got he's got his chops there he opened several restaurants in the DC area his most well-known restaurant is Masia which is the concept you know that should be coming here um Masia has been given a Michelin star as a restaurant continues to have that recognition it has been at different times top 50 Italian restaurants in the country I think at one point top 12 in the world those lists are a little bit you know dubious but sometimes to get recognized so many times and have a Michelin star is certainly something that that is important so we're we're thrilled to have Nick as part of the team when we were looking at the space Nick thought it would be a shame to not take advantage of the rooftop views and the great weather that he doesn't always get in DC but he hopes to get in Miami by the way he's moving to the West Avenue neighborhood will be a not just an operator and an owner here but he will be a resident of the community and and that's something he's excited about as well here a sample this is in your packet but just so you can see what the menu of this restaurant's going to look like um I don't know if you've all seen it I'm not going to go into the whole menu but it's it's very legitimate and uh uh heralded restaurant menu so I'm gonna let Nick come up and give you a little bit of his story and why he wants to be here and when he concludes I'd like to go into the proposed conditions that we've shared with you and the discussions that we've had with several of the neighborhood groups over the last several weeks um and then and conclude with that Mickey one second I'm I'm looking at the proposed conditional use permit yes and and you had up on the screen I item seven that pertained to the rooftop and maybe I'm missing something but the the seven on page 50 doesn't match that number am I looking at the right one go just go back a so the ne the next one after that there that's from the code that's not from the C okay yeah okay all right glor everybody um so we're super excited to be coming down here and when I met Ronnie and we saw the whole Space we wanted to be able to completely bring our Hospitality into the whole entire building so now we're proposing before you what we're going to be able to do and um from the restaurant for what we're going to be running downstairs on the ground floor being able to continue everything thing throughout the whole entire building going into the rooftop and take advantage of what that rooftop does offer from a Sunset and experience standpoint to the guest so for us it's we're a dinner only restaurant so the whole premise of what's going on pre- dinner or post dinner whether you're coming into have a cocktail with us before have snacks during the evening eat on the roof or be able to come in afterwards and have dessert upstairs and just continue the evening into 11:00 p.m. or midnight when we do close down M and DC we do have a court yard that's outside where our experience is kind of split into kind of three pieces as you arrive and then as you finish as you go through the meal so that experience is what we're trying to replicate but it's different because of where we are in our location in this building here and and on the beach so okay anyone else on your team okay so if you have any questions for for Nick or Ronnie yeah we'll get to that let's open in public hearing I'd like to get into thead thought you finished we're happy recommending approval we have two conditions we have two conditions that are in staff's proposal that we wanted to modify um the in my handout that I provided for I is the first one staff is recommending that the restaurant Clos at 10 p.m. on the roof for us that's that's an issue again there's already 11 p.m. in place on the weekdays midnight on the weekends that's stricter than what's throughout the city and we're fine with those hours uh but but we think 10 p.m. doesn't work frankly when you're seating Folks at a restaurant or serving if you're closing at 10: you probably can't seat anybody past 8 maybe nine o'clock because you're gonna have to get him out of there by 10 and it's just not the the concept that Nick would like to have by having an extra hour on the weekdays and just midnight on you know two nights a week in the weekend it allows for a little bit more you know room as to how you process folks and get folks uh seated and and served then staff recommend did and I we we CH to Michael I don't believe we heard back I think this was an error but uh for end said no ENT entertainment in all indoor and outdoor areas the indoor we're happy to have no entertainment in the outdoor we're not seeking entertainment in the outdoor nothing out outside entertainment but indoor not while it's not something that we have regularly Marini occasionally would have you know piano play or like some sort of jazz performance that never bothered anyone he'd like the opportunity to have that so we'd like the ability to have entertainment again it's an Italian restaurant this is not going to be a crazy night Club but you know live performance some instruments some jazz music it would be a shame not to have that in the indoors well I don't think anybody has an issue with it so we were hoping just to remove the indoor from that uh four additional conditions that we came up with over the weekend after our discussions with several of the neighborhood groups um and I know that you know Palm View we've had a very robust discussion with them we don't agree on everything but I tried to come up with conditions that that address their concerns and other concerns that we heard and work for us I'll go over these uh the use of the pool pool and pool ameni shall be solely limited to Hotel guests at the Palomar at 1750 Alton Road and their invitees we heard from uh some folks uh that that Mr Lin had spoken to uh from sunet Harbor that there was a concern that the 1790 project would be bringing folks over to 1750 to use the pool amenities it's never been in our plan but I went ahead and put a condition in there to address that concern uh the next one one of the one of the concerns we heard is we really like your operator we really like this restaurant and we going you know if we give you this rooft what if he doesn't work out and somebody else comes in and they're a problem so the condition we came up with to address that was if this operator meeing Nick and his restaurant choose to to leave the space the rooftop would then have to close to the public until we come back with a new operator so we couldn't just replace him with a less desirable operator without coming to you all and it wouldn't be just that we have to come back we would close that roof to the public until we get an approval third at all times that the rooftop is open to the public a restaurant menu will be available that's just you know there was some concern that this is really going to be a bar it's absolutely not going to be just a bar it's going to be a restaurant but we want to put a condition that the restaurant food will be available at all times to all guests and that's really intention finally as Michael belouch mentioned there is a counter that was permitted that's already up there that you know kind of feels like a bar um we don't want and I know the fear is that that's going to be a traditional standup bar where you got people screaming for drinks and talking to the bartender that's not the intention here so the condition that I put was to keep it there it's permitted it's been there but to use it in a way that won't impact anybody and the idea came from I think it was our our discussion with the soie West neighborhood folks they mentioned that catch there was a lot of concerns in sopna about the operation of catch and their rooftop and they have a service bar so it's not the bar where I can go scream for drinks but it it's a station it's a staging area for drinks to go to the tables people eating at the restaurant on the roof so they don't have to bring them from the downstairs so this condition says that it's a it's a table seated area people could sit there for dinner you know if you're a traveler it's on your own you don't want to sit in a full table but you want to sit you could sit there and you could also drinks can come from there two tables as a service bar but it won't be a traditional bar that I think is a concern so those are the conditions that we came up with just just to be clear so it would be the people sitting at the bar would be eating at food so you would have to have food to be sitting at the counter okay correct and then in speaking to Michael this morning he mentioned the concern that how can you really operate a restaurant up there without a kitchen up there and we recognize that we've talked to Nick at length about it his concern is just design the level of kitchen that he wants at the at this level of restaurant that he operates is well over six figures to try you know in the six figures to design a loan so we want to make sure we get approval here for him to spend that money on this new business to design the kitchen the kitchen that he would design is state-of-the-art Kitchen uh a condition can be placed in here that we will not open the roof rooftop to the public until that kitchen is approved and permitted that way you know there's there's certainty that a kitchen will be there there's not this having to bring Things From The Bottom he will absolutely have a kitchen up there when the restaurant opens we're just hoping to get the use of the roof allowed before he invests all that money so we're happy to add a condition that I didn't have on here but came up this morning that a a kitchen will be required on the rooftop and that I think concludes what's I'm sorry what's the 1790 project time that they're worried about that's the the one that we we got approved uh earlier I think at the end of last year the Triangular portion in Sunset Harbor project across the street it's the four stories with the with the restaurant in the market um so one thing I forgot to say we did reach out to I think at this point there's four different associations that we're like in the center of we've had lots of discussions with Park View and John we don't agree on on everything but we've certainly had a good dialogue and you'll hear from him uh we did have multiple robust discussions with the soie West folks and I hope you hear from them they were they were supportive uh of this with with some of these conditions that I read out we did reach out to wava and I I'm still haven't figured out the distinction between wava and soia West there two groups now did not hear back from them um and I did reach out uh to to Sunset Harbor I know they're here I know that we we were't able to connect but I made an attempt um and and I did you one of their concerns that I put into this this these conditions so with that I'll conclude for now happy to hear your questions happy to hear from the public and all right let's hear from the public and Mr chairman uh before we hear from the public do any board members have any expart Communications to disclose yeah excuse me I did speak with the applicants attorney I spoke with Mickey morero and I got a bunch of emails which I think we're all everybody was copied on you have a disclosure to make nope me nether I haven't anything thank you sir morning uh my name is John Courtney I'm here representing the Palm viw neighborhood association um I don't know if just to start if you all have the images of our neighborhood and its associate and its closeness to the um okay great it seems like everyone's familiar with where we are and and how the the rooftop overlooks our neighborhood um so I just first want to clarify a couple things with all due respect to to Michael talked about this a lot the prohibition on rooftops in the Alton Corridor is not that it is associated with a restaurant but that it is a restaurant so I think that's an important distinction the the applicant wants to talk about how this will be associated with this incredible potentially Michelin star restaurant which is great but that's not what's required by code to have this establishment it needs to meet the legal definition of a restaurant and the legal definition of a restaurant is that the principal business will be selling food it's not that there will be menu is available it's not that they may plan to build a kitchen in the future it's that the principal business of this establishment will be selling food and if you open up the actual application right in the very concept section it says that this would be a place for cocktails before dinner and digest e after dinner it's just not a restaurant right principal business like if you look at the case law around it there's a lot of talk about like percents of Revenue what the actual staff is doing all day it's not that you can order drinks from a QR code and maybe also get a small plate next to it right it just doesn't qualify it's a lounge it's a bar but it's not a restaurant by the definition of city code and then beyond just that I mean I think you know they've tried to address a few of the issues but it's just not a space that can support a restaurant right now right I mean it's a lounge a lot of like two-seater Tops on the uh rooftop with no access to the kitchen downstairs unless they're going to run food up through two public elevators um it also uh let me see sorry it also has the outdoor bar counter which I think you know they'll address but um it's also 15 seats the the capacity downstairs is 150 seats so it's not like a little extension of an existing restaurant it's a whole other establishment upstairs that doesn't have a kitchen doesn't have a great way to serve food so you know I don't want to put words in their mouth but it sounds a lot like this is an attempt to paint a bar as a restaurant in order to get approval because by code it should be um prohibited so that's my first point the other issue is the noise this isn't like us speculating that there will be a noise issue there have been continued noise issues from this location when the public is allowed up there over and over again over the last couple years the applicant has a history of Hosting unpermitted parties on the rooftop I share pictures of a number of unpermitted parties in the email that I sent to you all and those unpermitted parties are a disaster for our neighborhood we hear every note of the music we hear every loud person screaming up there and it's a great frustration you look at like the number of um noise complaints that there have been there haven't been that many but it's almost like every time there's a party up there they get noise complaints right so as soon as you open it up to the public all of a sudden it's going to be noise complaints over and over again the last thing I'll say is that is it right if I just finished the last thing I'll say is that the um you know with all respect to the characterization of the meetings that we've been having I don't think there's been a good faith in engagement with the palmb neighborhood so we provided them conditions that I think are extremely reasonable many weeks before they met with us publicly and in that public meeting which we had to invite them to they were they didn't make any effort to reach back out to us after we sent the conditions they didn't even engage with the conditions at all in fact they ignored the conditions that we had sent to them do you mind elaborating what those conditions you I'll go through all four absolutely thank you I appreciate that um and now at the meeting they also never responded to us after that meeting when we asked them to respond to us and we only get these new conditions literally as I sit here and of course I'm not going to make any decisions on on those personally so as a a neighborhood association we have no position on their new conditions which there should have been time to have position on so I think that's frustrating here are the four conditions we asked for which in my mind essentially just say you all are making promises and we want to hold you to those promises so condition number one is that the rooftop will restrict any noise including music and patrons plainly audible from a distance of 100 feet or more they say we're not going to be affected great stand by that statement and if you violate it have there be consequences my the other condition was that the rooftop business must generate 40% of Revenue by food they say it's going to be a restaurant great stand by the fact that it's going to be a restaurant and make sure 40% of your revenue is driven by food that's not me making that up that's the new um the new code that was put in place for supper clubs um we also said the rooftop must close at 10 p.m. obviously late night's an issue but frankly anytime's an issue for us if there's noise intrusion like I don't want to be sitting with my daughter in her backyard and listening to whatever um you know Michael's tasted music is and then the last thing is that they continue to work with the neighborhood and once they've set up their sound system that they verify and a report with the neighborhood signature that the music is not being plainly audible from the neighborhood those were our reasonable conditions they were just straight up ignored and so I I think I personally would like I think this is genely a little bit of an underdeveloped application you know we've got like a schematic of the rooftop that's from a year ago before this current operation even came into the picture I would ask that they' be um told to come back to the neighborhood to engage with our conditions to come to some agreement not to try to make this all happen right now in front of you all um and hopefully they can bring a great restaurant up there I would love that so so a quick question for you if if the condition is is that they you can't hear the music more than 100 feet away then why would you oppose um a later Clos date time on the roof if that's condition with with that hour we would be I I would I would say that the the more important condition is the the noise for sure I think there's a certain amount of just like right I'm saying though if they adhere to the to the no noise after 100 feet would you be okay with an extra hour absolutely well one thing I will say is that at midnight you know I I think there's I live in the city I accept a certain amount of noise um you know but it Things become a little bit more important at midnight when there's someone screaming off the rooftop I get right it's like you can't really call code on someone screaming off the rooftop because they stop screaming and they scream again and it's just very yeah and I and I just want you to understand and I I always say this um that you know it's a tough job for us up here but we always try at least I do I try to balance I want them to be successful I want you to have a quality of life see um and so um I am sensitive to the fact that there's a lot of restaurants in this city now and a lot of them are struggling and I want them to succeed but I want you to be able to sleep so that's why I ask you that if if you know this this man is a very well-known operator and and I I was not aware of noise complaints every time they open to the public I'll have to get more into that but um assuming they adhere to the condition that you won't hear noise then I think it'd be fair at least to help them succeed to have an extra hour but they go hand in hand so I just want understand what we're trying to accomplish and I think that would go a long way one thing I will say is I think it's a bit specious to say that they can't succeed without doubling capacity um you know the the operator can speak to his current capacity in DC it's well below even the capacity of the restaurant space he's moving into so to say he needs to like have substantially more seats to succeed as a operator I think is a bit specious but I'll let you all with question thanks for your time I appreciate it good morning s re is Sor Harbor neighborhood association I was actually the Palm View reached out to the different associations we myself and um and them in regards to this issue because they're they're you know they're closest to what's going to be the polymer even though we're pretty close and by the way Brian there had been numerous co- issues with the poar I remember one afternoon they started a party at 2 p.m and everybody could hear the whole music in the neighborhood and then cod had to sit there until 8:00 p.m. because I believe they were allowed to have the speakers open until 8:00 p.m. and they finally close them down so they have had Cod problems there before um we disapprove of uh changing the cup like John said it is not really a restaurants on the rooftop I also do not like the fact that the hotels guest they're going to be a security Jeopardy for them they pay to be at the hotel safely and enjoy the premises themselves as they pay to bring other people from outside I think it's going to be a logistic either you create a whole restaurant on the rooftop of the polymar which really belongs to the hotel and the hotel guest because it wasn't created like that from the beginning and also like John said adding more if they cannot be successful on the ground floor like Morini was then you're not going to be successful at the rooftop of the palar when it wasn't really eight restaurants from the beginning created marketed and all that it's like an addition to you know they'll add this they'll add that they'll they do some of the code and stuff like that I hope they're successful because we would like successful restaurants in the neighborhood but if they're not successful in the ground floor how do you think it's going to be up there plus you but plus you're also encouraging into the the people who are paying at the hotel to stay there that's one thing that I found and it is my belief that it is my belief that anyone from the P you know the public should be should not be allowed just anybody from the public it's not going to be their neighborhood people that are going to go up there they all have pools they all can go to different places so it's really other people that are going to be allowed on the pool deck Alter Road the Airbnb also is right across is owned by the same developer it is my belief that there probably will be a to have those guests go up there uh so I think you need to listen to the neighborhood we all have you know been around for a long time we don't not want this to be another mandrain another code and how are you going to measure the 100 feet noise from that rooftop to the Park View or anywhere else how you how are you going to measure it we don't even have the decimal system this up to the co- compliance ears Whoever has a good ear or a bad ear it will be the norise and you know that everybody knows that okay please do not change the cup thank you anyone else in Chambers to speak on this Mr Lyle nice to see you good morning everybody Lyall Stern 690 Lincoln Road uh so I've known Nick Stefan Ali for 10 years I met him through the developers of the project that he's in in DC moer is an exceptional restaurant that is one vent star Nick's been voted you know among the top chefs in DC and around the country he has an unbelievable background uh I introduced Nick to Ronnie several months ago because Nick's been looking to have a place in in Miami or Miami Beach for a while you all know how personally committed I am to the evolution and elevation of our city we have the opportunity and this is just one of them we have the opportunity to bring in great chefs great operators season track records from around the country and Elevate the experiences in our city with responsible chefs who are not running club stants and have no experience no background and no desire to run club stants and bring elevated dining for our community here we brought in otor pet to Sunset Harbor you all know the kinds of tenants we've brought into the city before the kinds of restaurants we've brought in before I never stand in front of you you know trying to present what's the saying a wolf and sheep's clothing you should take the time to understand who Nick Stefan Al is and we should welcome him and other similar operators into this community give them a chance to be successful give them a chance to elevate our community I live on the V on the Venetian Causeway sorry I live on the Venetian Causeway I enjoyed Marini when it was here I enjoy Sunset Harbor it's my backyard I wouldn't do anything to tarnish my backyard or my reputation you should listen to Nick as an operator of a worldclass restaurant not another com you know Johnny come lately to our city so I appreciate that we all have this opportunity together thank you thanks a lot anyone else in Chambers anyone on Zoom there's nobody on Zoom with a hand raised oh hey every Everybody uh thank you for having us I really appreciate it I wanted to echo on what Lyle was saying um I'm so proud to obviously be a member of this community since I was born and as you all know from my track record you know we pride ourselves in in going above and beyond with our designs above and beyond with our programming of our buildings and we are so fortunate that we were able to make a deal with Nick and his amazing team because Nick is not just any operator Nick is you know he was rate his restaurant at one point was rated top 12 Italian restaurants in the world okay not not in Miami not in Washington DC but in the world so um we have to figure out a way as a community to coexist our residential and our commercial neighbors okay um this is there there's a lot of competition there there clearly is a lot of competition with Miami Beach there's other cities that are drawing top chefs top restaurants and we need to figure out a way to draw continue to draw these top groups to our our amazing City this is this is something that we as as a hotel owner and as a property owner are thrilled to be able to program our property with such a tremendous operator amazing Cuisine and what I would ask all of you is to give him a shot you know give him the benefit of a doubt the doubt because if if he turns out to be you know what the neighbors are concerned about we could always come back to you and you will bring us back and we will be in front of you um you know re reanalyzing whether this was or was not the right thing but don't shoot it down now give him the benefit benefit of the doubt he's clearly top top chef top operator and all he wants to do is to enhance that guest experience on the amazing rooftop that we currently have so um again Miami Beach is not only special because of its amazing residential neighborhoods it's special because of the hospitality experience that we offer to those you know residential neighbors as well as our visitors that travel from different parts of the world so you know we need Nick to succeed I think the Sunset Harbor neighborhood the Palm viw neighborhood is going to be thrilled to have him you know you walk a to to their homes and you know let's give them a shot and give them the benefit of the doubt so that um you know this this could be an amazing compliment to our neighborhood can I just ask you a couple questions and I just want to announce anyone that's um here and anyone on Zoom that's here for the um doville project it will follow this this uh item so go um just to address some of Sarah's concerns about how you what is the logistics of running the pool for the guests of the hotel and the restaurant ated just so we all understand how that's going to be so the logist okay so the pool will still be obviously open and available to our our our hotel guests you know the thing that I I tell when we when we have these neighborhood meetings the thing that I always mention to them and they should be and they and all of you should be mindful of is that our hotel guests are right below the you know the venue right so we're not going to do anything to compromise the guest experience because there's a lot of competition as you know in Miami Beach so if we have excessive noise complaints and our guests don't come back we're one and done so what I would say is logistically you know we have we have the um you know we obviously have the restaurant below we have the the venue on on you know on top and we will have it will be a light bite you know restaurant on the roof it it will it will offer yeah go ahead so sorry so so the people we coming up to the restaurant and you still have guests using the pool at the same time is it closed off is it I mean there's no there there there will still be guests you know the guests will not be displaced um by by the restaurant they will just be offered more amenities more food and beverage you know a more greater food and beverage experience for those guests but they're allowed to use the pool while the restaurant is open on the roof yes as far as far there will be hours of operation but there will be the pool has hours where where it closes for you know pool use so once those hours are closed for pool use you know there will not be people swimming in the pool there there's hours of operation for the pool so there won't be any usage of pool during the dinner hours basically yes that's wait you just I feel like you just said so okay so we have pool we have pool hours we have pool hours where after a certain time the pool what are those hours honestly I I think didn't know that I think the pool I have I have to check I have to check on the exact pool hours I have to check as far as when the pool shuts down for for usage and and and the restaurant is on the ground floor and you're and so the our rooftop is two tiers okay so it's it's a it's a big rooftop with two tiers there's the upper tier which is where the pool is and the counter is and there's a lower tier okay the lower tier is where allow a lot of the chairs and you know the lounge seating is placed currently and then there's the upper tier which has some of the lounge seating around the pool that the lounge seating around the pool and the pool usage after a certain time there will not be people swimming in the pool we're not going to have people you know use utilizing the restaurant and swimming in the pool at the same time okay as far as the hours of operation as far as when the pool shuts down I have to check with my hotel team um how large is the rest how how large is rooftop um I want to say that the rooftop is it's probably like around 6,000 square ft more or less and so you're going to have a topest menu on the top or would it be the full restaurant could speak more into the menu but basically it's to complete the whole guest experience from the ground level and like Nick said you know the whole property will have a con you know continuous um Hospitality experience okay one of the one of the biggest attributes of the property is the fact that we have spectacular views we want those guests to enjoy those views from the rooftop not just the ground level that's why we Nick wants to complete that whole experience throughout the property go ahead what's this will help I think there right want zoom um I'm sorry before before you speak Mickey can one of you address that so both both representatives from the neighborhoods claim that there's been a history of code problems and noise and can and I'd also like the city to tell me if that's yeah there has there were um back in 2022 including the report there were some events on the rooftop they they um they were operating they didn't have a special event permit they can't get a special event permit and there were violations for loud music on the rooftop so yeah that happened back when was that there were um looks like several um citations back in 2022 Brian I can address yeah I need you to because and I have we want to balance it but absolutely no we're prepared for that so and I do have several rebuttal points I'd like to jump into but I'll do that one first so admittedly and we've talked about it at length there were three different events and 2021 and 2022 you know I I've talked to Ronnie about it unfortunately it was a prior operator they're not involved anymore I I will give you an example because we talked to um one of the members of sovia West defon janz had a similar experience at his hotel um the hotel Gathering so the Ronnie allowed the Gay Pride group to use the they they told him we don't need a special event permit because we're a Citywide special event it was a big successful event apparently a lot of Commissioners were there but it was loud and why was it loud they have was music it was a DJ in retrospect the The Operators of that event and the organizers did not completely follow the rules we learned our lesson and it there was three events over a short period of time the last one was about three years ago they were un admittedly a problematic they won't happen again lesson was learned um but I'm not going to tell you it didn't happen um the folks involved they had an event without a permit they had an event without a permit they were under the impression they didn't need a permit it's still we still it's a still a question because it was a Citywide special event there was some confusion there but nevertheless they were under the impression that the event was permitted it was a widely attended sort of charity event it hasn't happened in three years and certainly now I just going to you know there were no noise protection C Michael was there a c Michael was there a cup in place during this time yes okay that prohibited events and they had one well the code the code prohibits um special events okay in that district and so they got a citation for having the event and for noise want to make sure I understand according to the violation the citation was issued for failing to comply with conditions of the special event permit so I believe that it sounds like a special event permit was issued even though it probably should not have been but even though it was issued they they still failed to comply with those conditions okay and your position is it was a one-off party that we that the owner didn't have control over the event Court they did all the and there again going to one of my next points there there were no noise protections that we're agreeing to the conditions of modifying the whole speaker system in the roof be uh directional speakers down and have testing as required by the conditions we're happy with that condition we could even talk about additional testing if needed um as to the and again this is now a a restaurant there I think we're we're sort of stuck in this well what if if somebody's going to eat downstairs but they go have a drink and and a snack up there it's not really a restaurant it's it's really for both there are plenty of tables people will if for example if you're on a date first date Valentine's Day maybe you want your dinner to be at the room if you're a family of five maybe you want it downstairs but you still go check out the roof have a dessert there it's an evolving concept but it absolutely is going to be a restaurant it's not going to be right no I'm trying to help you I'm trying to figure out that back then it was a one-off party that will never happen here and we're happy to agree I I didn't John I apologize if I missed it I I had three conditions the fourth one you mentioned on the sound testing I don't think we have a problem with that at all I mean we're happy to sound test and work with them on that I think that makes total sense let me just go through my reott points if you don't mind one of the concerns was raised how about the hotel guests Ronnie's in every discussion we've had that's been at the top of his concern not only for the Palomar which is in this building and right under this restaurant but he also owns different flag but he owns the Marriott Residence in AB budding this and that's another restaurant uh hotel that's mostly families and Travelers Not party people and he doesn't want to impact his business on either Hotel so it's important to him not to have this become a loud problem his both of his hotels are closer than anyone else um the pool the pool the pool may be open a little bit later but the restaurant doesn't even start to open until propos until 4: it may be that it's actually opens later depending on business when it when it operates but most of the time that the pool will be used will be prior to the restaurant's opening and the only people that will be eating up there at the time would be Hotel guests at the pool that have a snack or a drink while they're at the pool but only hotel guest the dinner will be when it's open to the public Mickey I I see that um on page 48 it says the pool deck shall be closed between the hours of says midnight and that's um stricken and 10 p.m. to 7: a.m um would you how would you actually I would say that's too late and and too early that condition addresses the the operations of the restaurant so that's why the pool deck um I had asked about the pool deck and that this this well I mean the way that Michael and I had talked about the restaurant is on the pool deck so that's that condition addresses the restaurant right but but the pool would have to be closed I mean it can't be yeah our recommend our recommendation is that that the operation cease up there at 10 p.m. and what about the pool being open okay so sorry that I I didn't clarify earlier but the pool the actual pool hours are sunrise to sunset okay those are the pool hours okay okay how how how is food delivered to the roof go ahead yes so another one of the conditions that I didn't get and I apologize that we just got these I we drafted these over the weekend because we had meetings into Friday night I feel like this is yeah I don't know I feel I would suggest let's listen to what Mickey's rebuttal is I do believe that we should get comments from the board but I think with all these different conditions that we get some discussion and I do believe it'd be worthwhile to continue the application so we can um firm up the conditions because there have been a lot been thrown out so so the condition that literally I came up with while speaking to Michael before this meeting today was that there was a his concern was you don't have a kitchen up there we absolutely will have a kitchen up there we can put a condition that this restaurant on the rooftop will not open until the kitchen is is is built and approved and and and he's abut always been his plan I was just speaking to Lyall he recognizes a kitchen of this level of this type of restaurant it's very very expensive to design it has to be Road tested it's a big expense that's a fair condition so so we're happy to put it in there we can't open without a kitchen up there because we know we need it but we don't we don't want to spend that money if if you all turn this down so that's that's why that's why we we have done it yet but we're happy to put that condition in there um the percentage of Revenue I I understand where John's coming from we you know we tried to address that different ways one thing that Nick has told me and his restaurant has won many awards of wine spectator magazine things of that nature if I go to dinner with my wife and we each have a small plate as you can see me usually I don't have too many small plates but folks do have small plates but sometimes we're feeling like it's a festive day Valentine's Day anniversary we might order $150 bottle of wine it may be that the wine costs more than the food does not always but that does happen at his restaurant and we don't want to be in this monthly working with staff percent I don't know how you'd audit that anyway but but I understand John's point though they they want this to be a primary Our intention is that we will comply with those numbers we just the monthly auditing just I don't know how that would work I've never seen it happen um but what I put instead was that the restaurant menu will be available always to all guests it's not going to be a lounge a bar it is truly going to be a restaurant I address the actual bar that's there what John is actually worried about and s the same thing is is that this becomes a bar versus a you know a quiet establishment and I think it's pretty clear based on the operator uh that we're not going in the direction of a club scene I mean it's pretty clear that it's going to be a very peaceful kind of of atmosphere that's a a the type of restaurant that he runs right and so it's a food experience and with views and with so I think that you know we can go and you know analyze left and right we have the operators in the past that were wrong the way operated there but it's not the same group that we're dealing with so if we can address the the the noise level music level as a first because I think it's the noise that everyone is concerned about at this point what what establishment goes there is not is just will it lead to dysfunction in that neighborhood will lead to loud noise would attract a crowd that wants to stay late and and scream and I think it's clear based on the operator we have that this is a really good case scenario and I understand the the resistance of having a rooftop the places we've had issues with rooftops are operators that have events DJs live music we don't see that right now and so if we can sort of work in the conditions that um um you know take some of the suggestions and controlling the noise level um and and and giving a chance to the operation hours to be the 11 and midnight it's an hour difference and I understand the concern again but it is a restaurant and people tend to eat you know past 10:00 around here um so I'm I'm just I'm just I know doing a lot of the presentation I just want us to focus on what we're trying to achieve here and what it is is a noise level we have a good operator he's not going to be having parties up there uh we can make sure that we put the conditions we need for the noise and um I mean that's where I think we're at I think we've got a lot of information presented but we we and the concerns yeah yeah boils down to noise and disruption boil down to noise and I think we got the right operators are not going to be looking into um running it with yes there now you got to speak on the mic sorry if you look at the if you look at the noise violation system from 2021 to 202 2022 there were 15 calls some of them fine some magistry and that had to do with the big event that Alex Fernandez called code because he was coming out of Publix and he heard the whole thing and that was the the one on 2022 that was the big one the one that they had the music the stage everybody in Sor harder heard it we didn't care in the afternoon but we didn't know how long it was going to go on but there were 15 so you need to look at the list that's to happen so you need to look at the list because there were noises even though there were some but that's a different but it's a different and I still there violations of noise whether whether they they said oh I didn't I can't hear it as a code but there were 15 of them in your system I would actually think that this is going to bring down the noise level even during the day by elevating that rooftop and making it even a little you know classier you're going to you're going to be bringing down also the amount of of of I mean to be successful in a restaurant and the they should know it's service good food and great cost that's what they should be concentrating instead of like now having a bar upstairs and all this stuff that was never intended to be in a in a hotel all right Marilyn then don't work we close the hearing go ahead yeah uh Marilyn FR L at Harbor um I just want to mention something which you all need to be aware of we had an experience with the Harbor House which you know it's a fantastic place we Sarah and I sat with them for hours and hours explaining to them uh you're very welcome in Sunset Harbor uh the food all that but there is no entertainment in Sunset Harbor I mean we said that to these guys until we were blue in the face they open their restaurant blah blah blah now they want to bring entertainment to the restaurant that is that that is the new thing that they're uh striving for they're uh because they're all indoors that's what they're going to tell you I'm sorry because it's all indoors but anyway go ahead but but Brian they knew that that is not allowed no I know I'm just telling you what their argument is they come to me is they got their foot in the door and now that they're in there and they're being successful now they want to bring a piano and they want to bring this and they're loving the Commissioners and even some people people in the neighborhood are saying they're going to run for commission uh just because they're you know upset that sset Harbor doesn't have entertainment that's what I don't want to happen here you know well they don't have entertainment so no but but you give them the foot in the door and then they'll be back here in six months or whatever asking for this and they'll be asking for that and that's when all things but then we would have to approve that yeah no but but I'm telling you that's I understand it's It's upsetting to us that we sit down in this case we really haven't negotiated with the Mickey because the uh pal uh neighborhood has been doing all the you know but you know we sit down with these people for hours and we tell them our needs and we want them to succeed because we live there mean I love I love to go to a bar and have a drink my God I love that but they cannot I mean that that time that they had uh it was during spring break and you could hear hear them in ha alah that's how noisy they were you know so understood but this is a different operator but we understand to be clear too to be clear that outdoor entertainment is prohibited here they canot even make an application corre they could make an application for indoor entertainment but not outdoor is the indoor entertainment can you hear that from the roof at all I I don't know no no no you don't have entertainment you're we asking for it now if we wanted to have it indoors it would be again like again she mentioned piano we may want to have a piano downstairs I don't think that would bother anyone certainly no but anyway let me just address some of the noise issues and I'm not familiar with with the Harbor House I'm not involved with that but I we're not asking for entertainment um we would only ask for it in in the indoors you know it's not even part this application to Melissa's point I think the issues are an Noy so I'll focus on that I had some other points but I'll focus on that the conditions already proposed by staff required we were going to offer it anyway but they require directional speakers we're happy with that they require uh I think some mod monitoring sound testing we're fine with that something I just kind of thought of while discussing with you all we the the code as you know allows uh you know give staff the ability to bring us back if there's a violation but as as you saw with these other ones they didn't come back I'm happy to put a condition in here that if we get one noise violation we will come back automatically that's drink things what's already there because as you saw in this particular business they didn't come back and I don't know why but it's long past but we're happy to come back after one just to to you know we're hoping we don't have one but but just to strengthen this um all we're allowed to have here is Ambi a noise Nick's not going to spend the amount of money he's going to spend to open this restaurant to start creating problems and have to close he wants this to be successful I know it's not there's elements about this that make it seem like it's not a traditional restaurant but it's just a traditional restaurant experience that's evolved in a different way because of the space and finally the bar upstairs is I put a condition into that we're offering that it won't be the bar that you guys are concerned about service bar people can eat at that table but it's not going to be the screaming type of bar that so we don't have noise that's going to be loud that to a full kitchen correct we we we agree to the condition that that we won't open the rooftop till we have a kitchen up there and I'm happy to all right I want to give some other board members a chance I'm sorry I don't mean to I know there's a process so much development in this one meeting so I just want to say the the ambient standard is unenforceable it's ambiguous it's someone being in the space and trying to have a conversation and determining whether they can have a conversation um it also does nothing to address the way sound travels so when you're on a rooftop sound travels much more easily and so you can be ambient and we can still be hearing in your neighborhood so I I would just ask that if we are going to continue to make decisions on this and not continue continue it that the plainly audible standard be used which is the one that actually protects our ability to hear the music and frankly you know again just holds them accountable what they say they're going to do there's a lot of like trust us but don't hold us accountable I would much prefer we trust them and also hold them accountable so if they can get a noise violation be brought back because what Mickey isn't saying is that it won't be very easy to get them a noise violation if we approve it as is so okay thanks Scott any questions or yeah um I mean I don't think there's any any question up here as to the the quality of the operator um you know I have no doubt that the restaurant's going to be operated um as as uh as they say um but you know Mickey when we spoke I said exactly what what um John from pal viw said you know there's got to be some conditions in there that hold you accountable hold you up to that um you came up with a number of them that I think are good um I think some of the ones that viewers requesting are good as well and and the one of one of them that I think at least for me is a is is something that if it's not in there it's it's a OnStar it's the plainly audible it seems like we're moving in that direction on a lot of other um uh projects things going on in the city I think we're putting that into a lot of other cups so honestly without that I I wouldn't be in favor of it um of this application the um I did like the one about the a certain percentage of of um Revenue coming from the rooftop um should be for food but I do understand that might be a little difficult to to um audit um but I think you putting a kitchen up there um will help um it shows that you do want to keep it as a kitchen I'm sorry keep it as a restaurant mainly um you know you you we see this going on in the city all the time you know things pool parties things like that and that's the concern we don't want to see that um the neighbors don't want to see that and and we need to put some conditions in in this order that that prevent that and even with these who knows what what's going to happen um so I mean I'm you know like I said I the plainly Audible has to be in there um um and if that's in there I'm okay with with the hours you're proposing because if no your neighbors can't hear you I mean for all I'm concern you be 24 hours a day um so um I'm okay with with the hours um let's see uh and as staff said there's no you can't get a special event here anyway so I'm assuming that's part of it um I I mean I I'd like to hear what the rest of the board thinks I ideally you know if there's too much back and forth up here and we can't come to a decision I would encourage you to um sit with the neighbors of Palm View and and maybe Sunset Harbor and try to work something out um you if we don't work something out here today you'll probably have a sort of a direction to go in um but that's where I stand on this Donathan yeah I mean I I think I mean I think we can find a way to make this work um I think it's in everybody's interest to make this work because as many people in your neighborhood that there are who don't want any noise they also want a great restaurant there so um one of you know there's a million different things I do agree that this should be continued so that we can work out some of these details I'm happy to sit with you all and kind of go back and forth to help the process if you want um you know the there's different ways to kind of play with the different factors here number one starting with if there's no noise heard from your neighborhood then pretty much all your complaints go away um and so let's start with that and work backwards from there so you know what additional sound attenuation devices can we Implement whether it's foliage whether it's some sort of you know foliage screen not blocking the sunset of course um but you know and then you know obviously you know there's ambient noise you know ambient speakers but uh you know sound level if it means bringing that down a little bit lower obviously you don't want like a awkward silence up there but if it means bringing it down a little bit lower so that it can't be heard then maybe that'll that works um I I agree the sound studies are difficult right the sound studies are going to be before there's 150 people up on that rooftop um and so that's the challenging aspect for you all I guess to to come up with a solution to make sure that you know you do your sound study you test the ambient noise making sure that once there are a lot of people up on that roof that's not being heard to the ne by the neighbors um other ways of doing it you know I don't know what type of menu you're planning on serving but it sounds like you're having going to have a full kitchen up there which is great whether that means a full menu or not I think the there needs to be something about in the you know in the conditions that there is food being served it's not just a you know a few uh here and there it's like actual you can sit down and have a meal um I think you know I get the sentiment in terms of wanting to monitor the the percentages but I think that's something that you in a year or two from now you guys won't even be want nobody's going to want to do that actually and so that's why we have conditions that's why we have code enforcement in the city to kind of help monitor these things and so you guys shouldn't have to you guys are just you know uh so um but but by putting in having a full menu of sorts up there now whether it's the same identical menu you know I don't know um that's something that I think should be done I definitely agree with having the kitchen built uh before before anything uh opens um I wanted to clarify so for the bar you guys are going to you have to be seated at the bar in order to order any drinks right so I mean that's that's a good thing I mean I yeah I mean I don't know if you've been to um like sugar at the east hotel in downtown that's not the vibe that anybody wants right and so the idea is to kind of like chip away from of that uh in a in a way so that it's a much different atmosphere than that because that's what everybody's concerned about um no special events is that that's already given um and um let me see so in terms of the new operator uh so there's a condition that they're agreeing to that if there's a new operator then then the rooftop has to close um until a new operator is approved by the planning board I guess one is there any way to make that a little bit stronger in the sense of like you know that the cup will automatically revert back to what it is now does that make sense because I you know well yeah I think I mean um I think it's pretty clear that that um if they if they if that operator ceases to operate up there then they can only use the rooftop pool for hotel and hotel guest up till the hours that were previously indicated um which is greater than What's um is proposed right now so um is that a condition in the well that's what that's what Mickey had offer right so we're g we're going to add that yeah okay um and then typic just just so everybody knows so typically if there's a change of operator as long as somebody files an application pays the fees to the planning board we can approve the change administratively in this case it's going to be pretty clear it will be clear that that is not the case that once the operator operation ceases for the current operator then the rooftop pool area the restaurant seats cannot be open to the public and that will require an application back to the planning board that's that's their 4 P they're added yeah um yeah because operators matter I mean that's important um in terms of the the time the the time the schedule I I prefer sort of you know easing into it um I I was thinking what I had written down was was last service at 10: on on weekdays and last service at 11: on weekends that way you know people can still be up there till midnight you know everybody everybody's out by midnight but at the very least I mean one of the concerns from Neighbors is that you have the people who are there later in the evening ordering drinks they're the more Rowdy ones and so kind of T stepping that back but I don't think anybody you know again it goes back to this issue of if there's no noise then nobody's gon then you guys can come back and ask for that additional hour you know just just to be clear though um Jonathan so if you're doing the last service at 10 I mean doesn't it kind of actually is less defined you know you say last service at 10 but they they can stay longer and even past 11:00 are we I it's still it's still closed at 11: so if they're closed at if they're closing at 11 they won't be able to take people after 10: anyways so well it's always been a great area right because in all these places what does closed mean we're not serving anymore but are you kicking people out so you know I I I don't know what the actual regulations you're still enjoying here it's pretty defined at the restaurant closed last service is more confusing yeah but a restaurant can be closed but still be having people enjoying the rest of their meals they just can't order anything else Nick is no when a restaurant is closed everyone's out and so listen that's fine so I'm just saying let we can keep the you know I'm saying last service at 10 on weekdays and close at 11: like well if you're if you have an end Clos date I don't think it matters when you serve at 10:40 or at 11:4 at 10:45 somebody's ordering one last tequila shop they got to be closed at 11: so I think I think I think that if we just keep the closing time then you know they I think it's not Neary leave it up to them to decide they right soine um so just those are those are my my thoughts um I think there's a way to work this out I just the the key is the sound studies I get it we've dealt with other uh clients of Mickey's where we've had sound studies that that work and don't work right so that's going to be a huge factor in this um but and sound attenuation I mean they they they've come a long way um in terms of barriers or you know little you know whatever they set up the U the only other thing I I question is the amount of people um that you're planned to have up there I mean that's a lot of people all seated so it's going to be that means a lot of servers going back and forth and and a big operation up there and so I guess I have a question of of you know is that really given the spacing up there is that manageable so that it's not end doesn't end up being people standing up and standing around I know that's not the plan but U it's a lot of people out there so I don't know what you can do in terms of the numbers of like thinning it out a bit so to that point we talked about that it's a large space and when you do Lo loads you have to account for the space if you don't put tables there then you have to account for standing area we don't want standing area so it may be Jonathan that it's so successful that that rooftop is full time it may be that we end up you know partitioning off half of it and it doesn't get used as much as we but it's harder to ask for more than less so we want to have the opportunity to explore it and it may be that it doesn't fully occupied all the time what are the plans because I see that included in the seating are the pool chairs so that's that takes away but are you planning on like removing the pool chairs and putting anything no the pool chairs would say that's not going to be that's better for the numbers I mean takes away some is okay I I'll be quick uh I'm supportive of keeping it keeping the hours of the applicant suggested assuming that we could all come to an agreement on the sound whether that's plainly audible but instead of 100 feet maybe it's 200 feet whatever kind of that distance is between the commercial district and where the residential district starts um question I had was obviously it's a pretty significant increase of occupancy with outside uh patrons not coming in so has there been a parking plan that's been updated to accommodate that or that's TBD just parking queuing valet operation things like that yeah I'm glad you're raising parking because the dynamic has shifted such that um Hotel guests um so our parking I'll give you an example so we own the Marriott and we own the kton both hotels run consistently in the mid 70s to mid 80s occupancy our valet operator has given us statistics which while we are running 7580 5% occupancy more or less our parking garages are 25 to 35% occupied during during the year so we have significant parking to absorb um you know obviously the restaurant and and the uses um so the nice thing about it also is that we basically we have the same valet operator right that runs our properties because we have economies of scale and um and they you know they are working with the both parking garages so to answer question yes we have addressed the parking and we have adequate queuing and we have adequate more than adequate if we wanted to introduce language that there shall be no queuing or whatever it is I assume because of your yeah so we have signant vacancy you'd be okay with that yeah we have we have a big um you know Drive driveway area such that there's you know no external I also want to introduced language that there you know shall not be any queuing um I mean I think uh me see anything else oh uh just qualifying the restaurant menu so I think other people have spoken about it but it shouldn't just be restaurant menu there should be some type of qualifier I know you're going to invest significant money into a proper kitchen but there should be an actual qualifier make sure that's a substantive restaurant menu versus some yes 100% it will be a substantive restaurant menu so I don't know how to qualify that but I'll throw that back to the city right we just to interrupt um jelle just um noted that under on page 48 of the board packages is under condition um three 3G um basically says the 3H the facility shall maintain sufficient Val Valley Runners to ensure that there's no queuing of vehicles on the public right away perfect can I I think that that should be tightened a little bit because we've seen other properties where it's too ensure that there is no queuing but if there is queuing that's not necessarily a violation under the code under the T maybe it should say there shall not be queuing in addition in addition to that just adding in so it's a little bit it's a bit stronger i' say I can you remind me I I just I I have a visual of the the hotel that um from Alton Road there's a driveway in and so B the driveways within the the the driveways within the property how many cars can can can be into that can into that yeah a lot of cars I don't know exactly but it's it's at least 10 okay at least 10 cars so Michael they'd like you to change that to a shaut okay in addition to the no queing shall be permitted on that addition to the pl the audible and kind of figuring out what that distance is between commercial district and residential district and sound baffling of some sort sound some sort of sound attenuation well com you you com sorry go ahead uh I think that the Palm View neighborhood I think is is it 500 feet away or 2 250 feet away I thought it was more um I thought it was more but I guess we could you know I think it's important that we you know the this is a case where the building is there we can perform the sound test so if there's a if there's an oce to continue this application well Michael don't don't don't go there because I don't think that's fair to the applicant unless we really can't come to a resolution because I think we can pretty clear on what I would say let me ask Mickey will will it will it delay this project if this is continued a month I I don't want to punish the applicant make you wait I mean he he wants to open at the beginning of the summer um and so he's fully operational you can't it open a month later you have to design the kitchen still I mean you have to it's going to take you some time to design the kitchen and get it pered well I don't know if they're going to do the kitchen if we don't the whole reason for us being here today was before we dive into F regulations design and Drafting and building a kitchen we need to make sure we can use the space first before we build the kitchen purpose we know we can do it then we can start that process the restaurant on the ground floor is hoping to be open by the beginning of summer because we're doing we're in the process of Permitting right now for that but as we're doing that we want to start it on we want it to start on this process because we know it's going to be a lengthier process to get I agree all the pieces over I think I have in addition to all these conditions and can't even read how much I wrote here but I think the one thing I think Jonathan and Y both hit on it they're 250 ft away we have 100 feet plainly ol off 11 by code anyway can we say just because that way they definitely won't hear it all other hours at the restaurant is open plainly audible 250 ft that means if they can hear in their neighborhood that's where they are that's fair I just don't want them hearing it I mean I'm we're okay with that I just 100 feet I I've always had issues with it's very tenuous 250 that's reasonable can I well the how how many feet away are the Sunset Harbor Towers more than 2 right yeah the law and it's 100t facing after 11 anyway all right any other comments from Elizabeth Melissa because otherwise he's going to make a motion I'm good with I'm good with with Jonathan's and you shelle's I'm I think we're there allelle make a motion okay so I'd like to make a motion to approve uh to approve this item with the proposed additional conditions profer by the applicant uh but adding in language uh to ensure that I guess noise shall not be plainly audible within 250 feet uh of the property um I would say 250 ft or more 250 ft or more okay perfect uh changing the queuing to say that there shall need that there shall be no queuing in the public right away not just to ensure and adding the requirement of the kitchen add adding adding the requirement of a proper of a proper you know restaurant quality kitchen on on the rooftop can we say to serve the roof it may just be like a floor below or on the roof make sure I have you know I would say to be serve but but food shall not be delivered through an elevator meaning if if they're walking up the bar needs to be closed mean that's we're just adding that as a condition not a problem you profer it we're going to accept no no absolutely and and that uh a restaurant menu shall be available during during operation in hours but again I'll defer to staff or the attorneys here how do we ensure that it's a substantive restaurant menu say substantive restaurant menu you can say that I the reason I didn't put because it it's probably going to be slightly different it I think it'll be probably I just want sure that it's it's sub it's not going to be like five apps it'll be a real menu so substantive I think he's a pro so again I'm sure whatever I say they'll they'll you know satisfy but yeah maybe yeah here we could say on the menu is subject to the approval of staff that it be a full menu yeah okay and not just I hope you like what standard I just don't know what the standard is I'd like to I I think Italian I don't know have you had something like this before it has to meet the definition of a restaurant so it's up to you know that they have to have the the kitchen of sufficient size to meet the occupancy that's proposed so that's something that we could include that it has to be has to be qualified as a true that's defined right I subject to the plan director right we're okay we're okay with that okay and then in 4p um by the public shall cease until a new I not will but shall cease until the new operator is approved by a planning board so I just want to make sure that this great operator goes away I mean that day everything stops that day everything stops not everything just a public open roof the hotel and the restaurant 4 P the word will change shall one last thing I just want to mention on the rooftop bar area in terms of the condition subject to the review and approval of the planning director because I need to make sure that that this is that this does not meet the definition of an outdoor bar calendar so I want to make sure that that's subject to sub by planning director and I think with our qualifications it does but I'm happy to to agree to that uh and then just again a question to kind of the resident groups here does that hopefully satisfy your concerns and if and if there's violations they come back before us I mean this is a compromise we give them their chance if they blow it they blow it but with their chance it's in line with the expectations no we put as many restrictions as we can sound testing we just want them to be successful and and also take care of residents because ultimately was sound is sound testing included because I mean that should be part of the have a sound study I think there was sound study in here was um we don't have a sound testing condition in here what I don't have what's the condition something about we can include that under condition um 4N to include the the the testing of the sound system subject to review and approval of um staff F okay all right can I get a second I'll second that okay all in favor of that I I anyone opposed okay hope we reached a good compromise we see what happens good luck thank you all for your patience enjoy the rest of your day thank you and I apologize to everybody waiting for the doville project but that is now on the agenda so we will go forward with item 16 planning board file 0708 and 24693 North Beach ocean front overlay District comprehensive plan Amendment and development regulations for the North Beach over Ocean Front overlay District so I'll give a brief introduction then turn it over to the applicant for their presentation just in terms of the process because this um does include an increase in F for the site um there's a six-step review process that this these ordinances must go through um Step One occurred on November 26th where the planning board um reviewed the initial ordinances and continued them to the January 7th meeting after the planning Board review um the ordinances the code requires a public Workshop to be held after that that public Workshop was held on December 17th of last year in terms of step three we are in step three right now um step three was a continuation of um the meeting on January 7th where the applicant requested a continuance and there is no substantive discussion of the ordinances on um January 7th and just to be clear this we're going to take together pb2 24- 0708 which is for 6701 Collins Avenue which is a comprehensive plan Amendment as well as pb24 0693 for 6701 Collins Avenue um development regulations for the um North Beach ocean front overlay District now in terms of the um application revised president presentation let them go through changes to the application most notably changes to the um to The partially recreated or reinterpreted um North Tower of the doel um site in terms of um additional recommendations by staff we are just we want to make sure that the the hot the um the tower footprint and dimensions that are shown for the residential portions um that those are specified in the code so we are recommending that there be a inclusion in the code of a maximum floor plate for each of the new residential Towers not to exceed 9,500 ft this is consistent with what they're proposing which includes a for plate that ranges from approximately 4,000 to 9,000 sare ft so it's not any different than what's proposed we recommending that there be in in the code uh um implementation of a maximum East West Dimension so that that Tower doesn't extend you know further towards the ocean let's propose we don't have that Dimension so we just ask that that that Dimension be included in the code so that there's not an extension of the um of the towers especially since they are asking for a modification of the code to allow the towers to be closer to the to the South property line but at Sumer we are recommending that these ordinances are transmitted to the city commission both with favorable recommendations with the minor modifications that I noted that'll turn over to the applicant for the presentation thank you Mr Martin thank you chair uh David Martin uh 3310 Mary Street uh Coconut Grove Florida uh want to thank you all for your time today uh this is uh a very important project for the City of Miami Beach and for North Beach uh uh we've been um you know really working with uh a lot of the neighborhood groups uh uh meeting and and and exploring ways on on how to uh develop this project in the in the best possible way for the neighborhood as well as well as catalyze uh some of the uh commercial district and really look at some of the benefits this Project's going to have for the rest of the neighborhood uh just so everyone knows there is a North Beach CR so it's all the incremental tax revenues from this project will be going there I also wanted to make a special note to the Susans as well as uh to Charlene Diego from AMT and and the Sterling building we've been working very closely to appease the the concerns as it relates to the uh setbacks uh for our neighbors uh which I think is very important um and at the same time uh Focus us and work with uh our design team today we're sitting we have Alan Schulman here from Schulman Architects we have uh Eduardo from Foster Architects uh we have Hernando from a ODP uh we also have another Hernando from uh that's our civil engineer that's going to talk that can talk a little bit about the storm water retention moves we're making and we also brought uh Corey from kimley horn that's here and able to answer any questions as it relates to traffic uh but the goal here is that this project is a low uh density project uh uh we we really are are reducing the amount of uh you know in our view impact and and from a density standpoint and intensity and and and really trying to uh you know really uh pay homage and tribute to Melvin grman and and that era that the doville had and how important uh how important the Reconstruction of the doville uh what it means to this community what it meant when it was demolished and what it means to rebuild it back and we we really feel that this is something that can be a very positive impact to to the rest of the neighborhood so I just wanted to thank you guys for for your time I'm going to be uh talking a little more uh uh very soon but I think on that note if maybe either Miche or Allen are going to talk but thank you so much for your time gu thank you pleasure and and I think I told you yesterday congrats on all the Outreach because we had a number of uh supportive emails great well good morning Mr chairman War staff Michael Larin Jo of souis C Boulevard here was in the applicant David literally took everything I was going to say I have really nothing left to say right now I'll be back at you and later in the presentation when I describe the legislation in Greater detail like to turn over to Alan Schulman right now to start the design presentation thank you David thank you thank you Michael Allan Schulman with offices at 7300 bisc Boulevard um just to sort of bring this all back back into the context of what we're doing uh I wanted to uh point out our our great site our very poignant historically poignant site the original doville Hotel designed in 1957 by Melvin grman what's extraordinary about this project is that a lot could be built on this site probably a lot could be designed for this site but this project is going to connect to the historic doville and bring back something that I think is really an important anchor to the site um we have a tower like many of buildings of this type we have a pedestal um many important elements of that pedestal well the pedestal is really the reservoir of all the historic memory of the site uh it's it has all the ma major public rooms a lot of great iconography uh it's also really inscribed in the history of global culture um so many people have gone through here so many artists and performers um the pedestal is a uh is unique in Miami Beach because it comes to the street uh with shopping and that idea of um sort of emphasizing that public space along the street reinforcing the connectivity with the sidewalk is at the heart of the project this is the sidewalk we have now uh very narrow this is what we're proposing to do which is to actually expand the public realm expand the sidewalks widen them uh landscape them uh in line with the um circulation Zone long Frontage standards but also we're connecting on both sides of the site uh north and south from Collins Avenue to the beachwalk Via these new beach access paths and when we put all that together The Wider sidewalk the beach walk and these two paths uh they create just um an incredible very accessible site uh and um what does that look like uh those expanded sidewalks you can see here that we've sort of kept the facade of the building but we're moving into the building with landscape with Plaza with public uh facilities and Retail and dining um and uh this is all going to be in accordance with the best resiliency standard as well on the south side of the site uh this is what the beachwalk will look like it's going to be on grade it's going to combine uh open structure that basically allows us to set the real pedestal back 20 feet from the property line uh it'll have landscaping and art and as you come through uh through the pedestal you'll be in this much larger space with more Landscaping uh more amenity and this is how it hits the beachwalk on the other end so it's a very public experience and on the North side it's the same way so we have the uh you know we have the historic facade uh we're sort of expanding the sidewalks and public space into that area as well uh and setting back the retail and then on the North side if you remember the old doville this was the area of the trucks and the dumpsters and everything we are enclosing all of that um kind of sealing it inside a gated um area and then on the roof we're running a second beach access walk from Collins Avenue to uh to the beachwalk and it'll be very public uh it'll be clear that it's public um I wanted to just zoom out for a second and and and look at that context because you know one of the problematic things probably about a hotel like the doville is it was very rapacious when it was built it went to every single property line pretty much uh you know it met the East property line it was built up to the bulkhead line it was built up to the north property line and the South so um what we're proposing to do here um also is in collaboration with our uh partners and neighbors and what we've we've responded to the concerns that the building is too close to the north property line that the building is too close to the beach by setting the tower back uh on both the North and the East sides um and so the new tower form is is reduced on the East end it's pretty much similar on the West End just to give you a three-dimensional sense of what this looks like uh this is the original tower and pedestal um and this is our uh original uh proposal for a reconstructed Tower and reconstructed pedestal and then uh after many workshops and meetings uh with um with neighbors um we basically proferred a 30 foot North set setback and and a 50 foot East setback uh for that Tower and so frankly I think um given those changes to the tower it would be inauthentic to call it reconstructed but we are proposing to reinterpret that Tower uh and this is the the basic uh volume of that reinterpreted Tower it's a tiny bit taller it's a little bit wider uh it retains some very important elements like the very strong horizontal thrust of those eyebrows uh it has a very important pylon uh on the facade uh and it has signage so you know just to give you a visual sense of this when we proposed when we appeared before you last last time uh we showed the Reconstruction of the original doville uh Tower uh and and pedestal this is what it looks like with the reinterpretation of the Tower so uh basically things are a little different too it's a building it's going to be a building of our time reminiscent of and reinterpreting all the elements of the of the original doville um and with that I'm going to um turn this over to my colleague Eduardo Eduardo Ru is Foster and partners London um so Alan has explained how we're responding to the city uh on Collins Avenue and how we're creating paths north and south of the site we the city has changed since 57 when the original uh dille was built but also the relationship to the waters changed just as drastically with the arrival of the footpath and the June and we thought this was this was a great opportunity to bring some of the Ecology of the June into the site and open the the core of the site the guard um to uh to a wider audience so in order to do that um we decided to place the towers on the pedestal on what used to be the ballroom and Gathering the structure to the shaft of the building uh minimizing the the impact on the historic building and also reducing the footprint uh of the towers on on the new green deck this is a view from this Green Court uh looking North and as you can see the hotel is participating of this green space and so are the towers on the left which push away from the East Boundary from from the from the ocean side by about 170 ft as uh you look at the site from the water um the uh the towers are pushed back as far as possible towards Collins and the space of the Green Court is encircled by these buildings that leave generous gaps between them and that was one of the original ideas of reducing um of splitting that uh residential component into two slender thinner towers that that have a a much more minimal impact on on on at grade and on the deck um this is a view from the south from the beach path uh we are on the south looking North and you can see you can barely see the towers actually uh peeking over some of the buildings uh as they're set back as I was saying about 170 ft and even the hotel Tower is hardly visible um uh just beside those palm trees you can see there so the respect towards the beach has been um maximized now in relation to the taller buildings in the context I think perhaps the model is the best way to look at this with the AOA and the carolon uh North and South uh we are more or less somewhere in between the two with 400 ft uh you can see them all together there in this graphic and at the same time given the the general size of the site um the footprint and the building coverage of these three volumes uh for most of for for most of the height of the building really takes up a very small percentage uh of of the site uh and hence this argument for uh the Slender towers that actually have a minimal impact and perhaps this view is the best way to sort of prove that that point visually uh we think that the rhythm of the buildings and the gaps between them really resemble and follow uh the neighbors uh gaps and and Rhythm and it lets lets the breeze through the sun through through the buildings um as the neighbors do for the most part and now legislation thank you thank you Edward I appreciate it so next slide so this is a summary of the legislation you know you all your your primary role of this hearing is to make recommendations upon this legislation you're the local planning agency and from you it travels up to City commission so with regard to this legislation you see the geographic uh restriction is the very first one second is a floor area bonus system we're asking for 4.5 f with a lower bonus this time just over 166,000 the height bonus is 400 feet in total height setbacks we are modify them to allow this partial reconstruction to occur for the pedestal we are proposing CL setback encroachments for the beach access pathways on the North and South Side enclosed loading area which is a vast improvement over the way it was originally shade structures for these beach access Pathways all of them will be uh encroaching into the required setbacks with regard to parking we're exempting the parking requirements for the hotel use um from any type of parking requirement there and then resiliency and adaptation the code requires project to be developed in accordance with flood plane requirements of course but we're exempting our project from different resiliency code requirements but you'll see toward the end of the presentation again that we are incorporating several resiliency measures into the overall project next slide so back way in November what we are proposing to you all is a floor area system where we had a much larger bonus of 400,000 square F feet we had all these bonuses on the left hand side in order to achieve that and then on the right you see a base F of 3.0 and together that gave us a total floor area just over 900,000 what we're proposing today is no different we're just reallocating among the different buckets of floor area next slide this is a visual representation of what we presented to you all in November note that the towers are an aquamarine they come from What's called the site area F that's the rm3 3.0 F and then the bonus floor area was where the substantial reconstruction ruction it's all in pink with a pedestal and the hotel Tower next slide this is what we're proposing to you all now we have increased What's called the site F we start again at 3.0 and through a series of bonuses we work our way to 4.5 as a result though the bonus F has come down from 400,000 to just over 166,000 and again we're at an identical amount of floor area today as we were back in November so our int density or density has not increased whatsoever next slide sorry just one question on that yeah so as part of the bonus remove for getting the the building permit within five years was that one of the I think that was one of the qualifiers in the previous version um go back one or you have to go back a few there you go yeah it's there the old no okay so November then flip it's not it's not part of that but we can make it a part of it we can add another it's not our intention to sit on our hands but if that makes you all more comfortable we can add that that's fine um next slide so this and so so this again is now what we're representing to you all the partial reconstruction relates to the pedestal the hotel Tower as Allan went through you all is being reinterpreted but because it's a reinterpretation we can't use it for bonus relating to reconstruction so it becomes part of the site F along with the two residential Towers next slide this is what you'll see from the ocean looking backwards next slide this is I don't know how much more time Mr chairman but I'm going to go through some resiliency slides if you'll look at every thing that we're doing for resilien we have the perimeter retaining walls we have a rainwater system The excelra Trenches the gravity drainage Wells the rain Gardens the BIOS swells they're all uh collectively working together to make this one of the most resilient sites in Miami Beach next slide and again we have water conservation rainwater collection we'll have gray water um serving our garden area we have the type of plants that are uh relevant to this particular part of Miami Beach even Mi Beach as small as it is has different ecosystems and this one is more relevant to the Dune ecosystem next slide I think that's it Mr chairman do you want us to go through some traffic circulation or would you rather start asking us some questions um you know what let's open it to public comment and then we'll get to that so is there anyone in Chambers speak on this sir come up one at a time well first of all uh my name my name's David Sharps I grew up here uh know you from years and years ago I haven't seen you in probably in 50 years just move back from California 30 any first of all I've never been in the chambers before and I'm super impressed by how efficient and sensitive and professional you all are incredible all right what do you want what do you want nothing I come with nothing I actually am uh a resident at the Sterling and um I've had the opportunity to meet with both groups M and uh Tara um I'm active in the building yet not on the board but do represent views within our community I believe I've been canvasing them as we're you you know uh I would say that we are we welcome positive development for the community our issues currently stand with concern and we're further educating ourselves with the setbacks and height uh I must say that Tera group and David Martin has done an outstanding job in communicating with us and his willingness to uh do what's necessary within reason is appreciated but we're still fact finding as we made some requests in receiving that information we're viewing today um our biggest concern one of them is the setback uh the m has been approved at 83 feet and they're currently at 50 there is some impact there but we are evaluating that we want to just bring that forward that um that that does present some issue but we're not certain how big that is yet but we are concerned about that the other issue is I think they've done a tremendously great job with their site plan uh and and where they put the two tall structures is is outstanding uh in in my opinion and I have canas many people in our building and there is support to a certain degree uh the the big issue for us right now is right next to us is the m which is proposed a hotel they're now changing to a condominium uh they want to go an extra 100 fet they're approximately 80 ft from our building so it's close um once this this new structure these new structures get approved is likely then you know that's a precedent so I guess the question becomes for us is you know with it right next door and changing the codes to this significant degree has an impact on us and it's significant with the positioning of the towers not so much and the way they've been separated through the design to allow shadowing etc etc is is very well thought out we're we're concerned about next door with the mimt changing and going up 100 ft uh what is the basis for that and switching from the hotel one thing I wanted to ask I have minimal time here uh is what is the process and how long does it take to switch from a condominium from a hotel to condo and go up 100 feet and what is the process for the commission to approve all these changes to code first of all thanks for your comments and I'll I'll let staff um respond to that that but just so you know David and it's great to see you um we're going to make a recommendation this is not the final hearing and then it will go to the commission so I urge you to also attend that hearing because they take public comments just like we do um sure so just changing the use doesn't require anything special but increasing the F of Maximum square footage in the site does require the same six-step process so two hearings the planning board two public Outreach meetings and two meetings before the city commission so it is a lengthy process great but the the building he's concerned about this would come within this overlay no no um talk about the met we met with them and there's a proposal to um increase F increase height and they'd be filing an application to do go through the same process right completely independent of this independent correct yep there you go so it'll be a whole new process similar to this one so does that take some time how much time I'm not looking for specifics but you're looking at least six months that's that's if everything is approved you know back to back but you're probably more like 9 months or longer thank you thank you any ma'am yes good morning to the board and to everyone um my name is Sandra CA and uh I'm here to again to reiterate my support just if you could mind to give your address huh you're where you reside yes I I reside at 7451 Harding Avenue I've Been a North Beach resident for uh over 30 years with my family and uh we lived a period of time at the original dville as well and so uh I'm here to reiterate my support for the project I think it's great that they're integrating um concepts of the original DeVille to their project uh I think that this project will be beneficial uh to North Beach and specifically to that area uh because uh obviously there's a void there to be filled uh since um the original devil was demolished and I think this project will definitely uh fulfill the void you know fill the void and uh uh boost uh the area and provide uh the necessary uh energy that was lost and uh and will will definitely help the businesses that were affected when the original dille left and uh it's going to also um bring back the um the foot traffic that was lost and uh that I used to witness when I when I lived there with my family uh it was uh great to live in that area uh during the time I I lived there uh in the original dille and I think that this project uh is is is is good for everyone and uh will benefit everyone and uh that's why I've I've assisted you know I've attended rather uh all these uh meetings uh and I hope that uh that the board will give it its uh final uh okay and go ahead uh because I don't see anything negative really with the project all right thanks for your time thanks for coming in okay thank you so much sir good morning my name is Brad bessi and I live at 7330 Ocean Terrace um North Beach I'm going to read today because if I don't you won't understand I have ADD I'll be all over the board so here we go um I've been fortunate enough to have been a former mayor LaVine and mayor Gilbert's North Beach staring committee and we are finally seeing some of the vision we have talked about for so many years ago come to fruition I am here today to speak in absolute support of this amazing project that we need in North Beach and these amazing plans to rebuild the historical doville hotel and new residence um what are we going to get from this we're restoring historical building to help maintain the culture identity of North Beach it allows future generations to appreciate the architectural Styles and historical significance of past errors by developing this historical site we stimulate economic growth in surrounding areas leading to new businesses and helping existing businesses like Normans and Ras which have suffered from losing the doo this will help with job uh creation increased uh property values getting the much needed part parking garage activated at 26067 Street which will be very helpful to the to the community with its lack of parking and getting the retail space has been empty since it's been built activated quickly will also be a really wonderful uh helpful for the spot um combining moding living with historical architectural can provide residents and guests with a unique lifestyle experiencing that blend of comfort with nostalgia um overall we have seen the amazing projects that David Martin has contributed to Miami Beach I look out every day and our building fell off the uh St Trope fell off here and we I look at it every morning uh the beautiful 87 Park um this pres David Martin has contributed this presentation including the presentation we just saw and I trust and that's a big word I trust that he and his team will do an excellent job in recreating the doville project and to build back to its Glory Days I look forward to this unanimous yes vote from this esteemed board thank you thank you very much my mom would appreciate that esteemed morning uh my name is guo Garcia dong I'm a resident of the Sterling also ER first of all and I speak for myself not for the board because I'm not a member of the board but I can tell you that we all support and we're encouraged that finally there's going to be a development on that site we're particularly pleased because even though don't know him personally but we know of David Martin's reputation and I think it's a it's a great thing for the community that he would be the developer a my main concern is like the gentleman expressed before is the setback the rear setback in the ocean site and as you know the original dille had a zero setback and uh well the city setbacks rewards are 83 feet I know that there's talk about you know a compromise for 50 F feet uh but definitely I I think it would be a big mistake to try to replicate a building that was built in I thought it was 1926 but I heard today 1950 something oh originally the the DOA was the 50 yeah and that it was built you know with a zero setback but since then the city of Miami Beach has made improvements for the benefit of the community the entire city of moving the setbacks that a you can allow the neighbors to have better views of the uh the ocean views and the the uh besides of other improvements also that would benefit all the neighbors to have a you know a better view of so again we're in support of having this bit but we would like to see the required setbacks you know on the North side on the east side I'm sorry H to be per the city requirements so thank you sir next got all these bodybuilders in here today hello everybody I'm going to be real quick I'm uh David bromelli I'm one of the owners of Renee De Paris jewelry store and we're right in front of the site and I'm speaking for the other eight business owners who are retail right in front of the site we support what David Martin is doing and it's going to bring a vital ity we need in that area cuz that's one of the most blighted little patches of Miami Beach and I think it's going to with this development be one of the the top locations there and we welcome the parking also it's always an issue for all of us so you know in regards to the owners there and we've been there since 1960 my partner Frank Ventura he's been there since 1960 when he came from Cuba and uh they uh supported the the Jewish community in North Beach so we all look forward to the the project thank you guys thank you anyone else in Chambers Daniel former esteemed planning board member can't believe I sat up there for eight years I realize how hard watching you guys today I realized how much Works was involved so uh thank you for your service to our community um just introduce yourself for everyone Daniel via uh 1193 71st Street it it actually doesn't bring me a lot of pleasure here I never thought I'd be here speaking in favor of the historic property owners of the site they were not stewards of our community and um I do need to put that emotion aside and I need to think of North Beach and prioritize the needs of North Beach often um North Beach is thought as part of the city of Miami beach but it's important that up here you understand that that North Beach seldom benefits from everything that you see that you discuss every single day for the rest of the city when you look at North Beach as its own City you realize how important this Resort district is I mean it's a historic district it's the first Local District in North Beach that was BN why because it has such an important impact to our community and it's failed for the last 20 years it has very little impact and we need that Resort district and for local historic districts to actually be successful they need to be functional so imposing local historic districts without thinking about what's necessary to make them successful is at the core of what this ordinance is so um I trust David as you've heard he's one of the developers that has actually come into our community he speaks and he does and it's done and I have confidence that what he said he's going to do will be done um this used to be our most vibrant walkable District and for those of you who visited in the com you know the last decade it's been horrible if you look talk to the business owners they're suffering dearly uh the carolon was not a successful project as we had planned uh it didn't have the economic impact they didn't have the convention center space so they preserved the building but it's not walkable it's not approachable um and I love what they've introduced of the interaction of bringing the street closer to the project and creating that Vitality that is needed to create the tourism to create the disposable income that's part of our master plan of North Beach it can't succeed with just us alone there are no resorts in North Beach imagine a small Oceanfront town with no resort with no Convention Center space that's what we have um it's great for us that lived there for decades that benefit from the quiet nature of North Beach but from an economic perspective this is needed and it's needed quickly we we've been speaking for for three decades about everything that should be done and we could do and it's time for us to do it I totally support the ordinance um I like the reduction of density I have very little concern about the traffic impact in fact the delivery trucks blocking Collins Avenue have a greater impact on traffic than this site ever will um so I really feel confident that what's being proposed is going to have a positive impact for North Beach and that something that we need to stand behind and I agree with adding Mr freden make sure that that time frame is added back to into the ordinance if it was you that had suggested that I think that's a great idea although I have no I have no lack of Mr Simmon I apologize he's much better looking don't worry I have no I have no doubt that David will hit the ground running as his reputation needs him to do thank you thank you Daniel thanks Daniel hello my name is dieo colmenero um at 1 fth Street um Miami Beach um I'm representing BTL investments in the neighboring lot north of the doil right next to it um I just wanted to say that the current proposal places their building too close to our property directly impacting our hotel project uh we we had to post you to these concerns and we have been working with the developer on this issue but it remains an ongoing process we fully support our development of this lot it's needed and it will benefit the area we simply ask the board to ensure that proper setbacks are maintained to prevent negative impacts on the neighboring properties thank you thank you anybody else in Chambers and then we have people online with their hand raised okay I figured the customers in the store go first hi I'm Janet Silverman I wrote you all a letter so you know that I'm supportive I also um I'm on the board of North Tower of carolon and um I want to say that we have a lot of community support for this project and um I think you've seen that in letters that we've encouraged people to send um I just the timing is necessary and I don't want this to get bogged down in a million changes because the area really needs this project and it needs to move forward quickly thanks thank you hi my name is Susan Cohen I've actually lived in 6899 colins since 07 and have been desperately waiting for our neighborhood to improve and get better and be revitalized and so I don't want to reiterate everything else that everyone said I support this project I've spoken to so many people in my community we I've encourage them to send emails they support this project this project needs to happen now there's so many benefits to my neighborhood especially from that CRA we finally need to revitalize the neighborhood help these businesses that have been suffering we have storefronts that are closed and I think the time is now for this project to happen and David Martin seems like a great developer the right person for the project and I just just want to tell you my support David you going to be able to fit out the door when we leave no please so I got thank you thank you Susan thank you anybody else in Chambers okay we'll go to zoom our first caller is Anthony and Anthony just let us know if you've been sworn in and everybody else that appears on Zoom um Mr chairman this is a morning they can yeah my bad Anthony yes thank you everyone uh my name is Anthony stiso I've lived at the Sterling 6767 Collins Avenue for 24 years I'm very active in our condo association where I currently serve as a board member however today I'm speaking as a homeowner a voter a neighbor and a friend of the community I'm very excited to see this great new construction come to the neighborhood but please remember that this is new construction and really the only thing historic about it is the name the huge condo towers are completely new additions the proposed 50 foot Eastern setback it definitely could impact views from my building I think other people have said that I'm sure you're already aware of this I urge City officials to enforce the same 83t setback that neighboring buildings above by today likewise for height added height for the same site was rejected by voters in the past and hopefully the will of the people still means something to everyone concerned reduced setback would Rob the view from neighboring buildings like the Sterling and give it to a new project instead which we don't think is the right way to proceed added height means could mean Shadows that impact neighboring beaches balconies pools um I I'd also like to quotee from the Miami Beach's own planning department staff and recommendation reports from November 26 page four says the benefits of the neighborhood may not be commensurate with the impacts of the additional height and massing currently proposed so yeah there's benefits but I mean is it worth it the propo and the report also continues the proposed change could adversely affect property values in the adjacent areas with an overs scaled building that overshadows its neighbors its neighbors are us so in closing I'm sure if the doville builds something that does not ADV adversely impact its neighbors that they will be very warmly welcomed to the neighborhood I'd really love to see this project as others have said but a compliant height and compliant setback and now I'd like to ask a question to the planning board could you comment on the email feedback that you received from other Sterling residents concerning the project did you receive emails asking for the same things I mentioned here today thank you very much thank you we received multiple multiple emails so if they were sent we receive them our next caller is Johan Moore good morning uh planning board and staff and thank you very much Michael um and I'll say it now uh because the uh mbtv was muted at the beginning of your meeting a bit disconcertingly uh that Anglers uh item five has been put off until uh the 8th of April but I was pleased to come across this presentation and I felt it my duty uh after my questions about a project at the last planning board meeting as a member of sustainability committee to comment solely uh favorably though very strongly favorably about this Project's environmental uh uh Ben benefits uh the uh graywater uh irrigation uh the native plants all of that is an excellent uh aspect of this project and I encourage other projects uh to to emulate that and developers to keep in mind that while it has an altruistic environmental benefit certainly it penel out and I would implore this developer to not be stingy with sharing those details with your fellow developers uh it's something to be included I was very impressed by that aspect of the project uh one more thing since it hasn't been finished yet uh check out the temperature reducing paint that may now be coming onto the market an excellent idea maybe for such a building uh to increase its efficiency thank you very much thank you Yan our next caller is Marsha susman hello we hear you thank you hear me Mara Suman 6565 Collins Avenue my husband iris susman is one of the owners of the neighboring property the Sher front hotel and he's sorry he can't be there in person he's actually on a plane right now um but he asked me to mention a couple items um first of all that uh we are supportive of the dovo project as a family-owned hotel next door we've been adversely affected by the large vacant lot and before that the vacant building for years and we're pleased to have development now um at their request they've um they've asked that the that the building replication part not be counted as F we think it should be clear that not only should a building replication but a historic building should also not be counted as F obviously whatever is to be built it will need approval and the third item is um the dovel appears to be requesting side yard setback relief and we would request that because it has a 500 ft width and is able to plan its development that it follow the code with regard to its Southside yard a smaller setback on the South Side will have a negative impact on the Sherry front neck and its development potential thank you our next caller is David hi my name is David seon I'm the president of the Normandy Fountain Business Association uh I'm here today to speak in favor of this project on behalf of the businesses in Normandy Isle uh I can remember specifically owning a a brick and mortar business in Normandy uh in 2017 when the doville closed initially it sent an economic shock wave through the community that our our businesses still haven't 100% recovered from in some ways the Normy Fountain business associ assciation was founded to combat the the sudden drop off in in business and revenues that was caused by the closure so I agree with this amazing process of figuring out what the setback should be figuring out the pros and cons but I think that we're moving forward towards a solution to what will be an amazing new uh Revenue generator and and a beautiful recreated historic site that will benefit everyone in North thank you thank you next caller is Larry schaer good morning this is Larry Schaefer 23381 Street in north beach related to the design the old doville they had a spot you can walk down the board uh the beach walk and they had an elevated Tiki Style Bar in the at the rear of the property that had ocean views in a hot tub nearby I'd like to ask if there's something similar to that as part of the plan um that would be an interesting addition to North Beach I also had um some questions about the speed of development uh sandor Sher and claro development bought Ocean Terrace so long ago that I don't even know maybe 2018 2019 and they're building the park but they haven't built the building they haven't built the structures they haven't done anything with the rest of the property is there a way to negotiate with you to guarantee some type of completion deadline so we don't end up with a similar horrible situation like Ocean Terrace another thing that I'm concerned about is the safety of development given that the last time that David Martin and terara developed in North Beach 100 people died next to the development and I'm concerned about the safety of my friends and Neighbors in that area and if he could maybe comment about maybe using different Builders or different techniques different management but how can you promise the safety of the people that live nearby um and then finally is there room to negotiate additional public benefits because what you're asking for considerable and we also have a history with the owner of Murray alos and we're not necessarily happy with them so we think that enhanced level of public benefits could be negotiated here and I'm specifically talking about benefits for the for the neighborhood maybe contributions to Kickstart the geobond projects which our city manager has has delivered 8 million of 83 million owed we are owed so much in North Beach and maybe David you could work with us to go to the city and maybe Kickstart those things maybe add a little money as a as in cash maybe loan a little money and maybe add some expertise maybe you could talk to them and say why aren't you building the garage why aren't you building the Log Cabin it's a single family home it's easy why aren't we providing the improvements um and and work collaboratively towards a solution because once again I'm not opposed to this project I don't think it should be delayed I just think that safety and speed of development and public benefit should be addressed thank you our next caller is Tom Richardson hello yep we hear you hi Tom Richardson 6450 Collins Avenue um I'm the president of the board at uh that that Condo building I sent you all a letter that our board had discussed this and is was unanimously in favor of it I also want to speak on my own behalf uh some people today have talked about the adverse effects that the potential development have but the biggest adverse effect on our neighborhood has been that this site has been phow for seven years that there is no vibrancy there that nothing's built and it leaves a giantz hole crater really in the economic Vitality of not only this neighborhood but all of North Beach um I also want to talk about the community benefit aspect that no one really has mentioned much yet but this because of the fortunate timing that we have a North Beach CRA and this project Falls with inside that North Beach CRA people sometimes talk about how development is uh you know sends a ripple through the rest of the neighborhood this is would not be a ripple the benefits of this project will be a gigantic Boulder thrown into the pond of North Beach that would have significant positive impacts throughout the whole neighborhood if you I know in the planning board um papers you got uh idea of the positive impact in the cont contributions that will be made to the CRA and that funding besides the fact that this project in itself is a great benefit to the community the faster it gets going the quicker those contributions significant contributions over $10 million a year start to the CRA the quicker we can Revitalize the rest of North Beach is my grave concern that the same thing that the last speaker mentioned that happened in Ocean Terrace which has been more than 10 years since it was first proposed for development would happen on this site we've already shot down one proposal earlier uh last year that that didn't move forward now this is the second one and you've seen already negative ripples that will happen the m is on hold ending what happens here I don't know how many other developments will be on hold pending what happens here so I urge you to move as quickly as possible you know to get something done in this site to get approvals so that they can move forward and we can stop the negative effect that this empty site has had on our community thank you thank you our last callor now is um Jason Walker um my concern uh I'm a resident of the Sterling and I happen to live on the South Side uh my concern with amongst my neighbors is the uh Confluence of construction for the M and the devil U there's going to be a hell of a lot of noise a lot of disruption people can live with that I suppose but the setback allowances um and the potential Shadow effect of two major Towers um a residence I guess that the devil is proposing and the mimt will wreak havoc on not only the neighborhood I mean the neighborhood's looking far ahead for some benefits but the construction I think the board's main challenge is how to plan all of these U major constructions within the North Beach area uh on on its neighborhood and um I would hope that the board would plan um a uh integration if the M's uh approved and this proposal is approved that somehow there's some sensitivity to to existing neighbors thank you thank you we have a couple more callers now Kaplan Marino hi this is Nina Marino Kaplan I'm a resident at the Sterling we've been there for about nine years um question for the developers there's been a lot of discussion about a setback um a Shadows study and I'm wondering if if that is being considered or has been done okay and the applicate won't be able to respond to any of the questions that were posed when they come to their rebuttal um okay great do you have any other questions no we I I look I'm very much in favor of this project I think the community really needs it but um I I do object to any variances to the existing regulations in terms of both height and setback thank you our last caller now is sorry couple more um Lisa's iPhone 16 Pro Max hi good morning everyone my name is Lacy I'm also a resident of the Sterling and uh my voice my opinion will be the same as the very last two callers Jason and I forget the name of the other lady I'm opposing with the whole setback we wanted to remain as this and also the heights um for shadows and all that um and also I just don't understand because a while ago we had a voting in the mail and me we voted no for the setback and also the Heights and now they are trying to get this all back again and uh I don't know how how often we have to try to be on those calls because every time we we we we say no and we got the no going then six months later they try it again you know and then having all this hearing and we have to be on top of it otherwise they can just bypass and and get their ways I'm happy with the whole development I'm just not happy with the situation with the setback that they trying to change and also the height and that goes for the mimt if mimt gets the the the height they wanted then it's just going to be another Sunny AIS is in our area so that's that's just my concern thank you okay and our last caller now is Daniel Caldo hi guys yes Daniel Calo with Miami Design preservation leag um I I wanted to uh update the board that we are continuing to review the project um we did request and the developer agreed to have an in-person public meeting in North Beach that will be taking place February 19th at 5:30 we'll be sending the info around so for those Folks at the Sterling and other neighbors both in support and against we welcome you to join us there and we'll be sending out an announcement soon one of the big changes here though is the level of reconstruction this latest proposal is really only the podium which I think they said it's about 100,000 square feet if that is the case and if the main building won't be reconstructed I think that the overall F will probably have to be adjusted which might help as far as setbacks the height of the new tower Etc but if it's a full reconstruction then yes full bonus makes sense if that's way paired down I think we have to be realistic and not uh over overdo it with the F and the height and we look forward to continued engagement thank you thank you we have another caller now um Anthony rupin hi yes can you hear me yes great uh Anthony Rubin live at 6767 Collins um like to reiterate uh the setback um I think dismantling that I think you're seeing the Ripple effects come to fruition now with the property next door wanting to go vertical other historical properties essentially have a pathway to be knocked down existing ownership could have easily kept up those side walls and kept historical significance um but to give grants on something that's no longer historically significant doesn't make any sense um I just want to reiterate that um the fact that that is just makes no sense whatsoever um and that you'd be essentially giving a significant Pathway to every developer set forth to ask for the same thing and push the envelope even further and further and further until there's no representation of um any kind of zoning board here um and that that's all I have to say thank you thank you that concludes our callers I would suggest we close the public yeah we're going to close it um so it sounds to me obviously there's overwhelming support the the the common concern I guess is setback you guys want to talk about that at all so I'm going to start off and let Allan take it over but you know with regard to the current R3 rear setback it's 20% of lot depth and for the pedestal and then 25% for the tower so when you hear the term 83 feet being bandied around that's the setback for the tower I think that is appropriately applied to buildings that parallel colins with the floor plates looking east and west but when you have a tower that's perpendicular colins it causes a lot more damage to that particular building it takes away a lot more square footage to impose that type of rear setback on a building that's perpendicular to Collins that's number one number two you heard the vast majority of objections to the setback or from the Sterling unit owners who are good folks and we continue to do our Outreach to them and we hope to win more and more of their support but it's important to acknowledge and not to overlook that there is an approved Hotel project in between the doville and the Sterling and it is you know it's got recently approved and it's that particular Hotel project that would block any view looking south or Southeast from those units at the Sterling that look South so that's very important to keep in mind when you're thinking about setep back and stepback concerns um Allan do you have anything you like to add sure well um maybe I'll just start with the issue of the pedestal I think if you know the pedestal is being substantially reconstructed and um you know it's important because there are a number of public rooms a a number of historic spaces in that pedestal that if the pedestal had to come back if that ocean uh Terrace uh feature of the building had to also come back it would basically not only foreclose a lot of uh the possibilities um of reconstruction in the pedestal but it would also shrink uh enormously the the garden and I think it's a I think it's an asset to the beachwalk to have it lined with these uh with with that pedestal and the pedestal has been adapted design-wise to basically work with the beachwalk to enhance the beachwalk um regarding the tower well I mean originally it met the East you was set back just a few feet from the East property line just a few feet from the north property line it was very far forward of what most buildings are are doing today um you know what we are trying to do is reinterpret that that Tower um um and uh we profer a 50 foot setback I think that really goes a long way and in the uh in the diagram that you have uh this one um you can see that the mimt is set farther forward than the Sterling so uh you know there are very few and the buildings the units in the Sterling are all tilted 45 degrees uh to look uh let's say Southeast on the South Frontage uh so I don't think we really have any impact at all I don't think our building is going to be visible um and uh you know uh but I be willing to uh discuss that further on the issue of the South setback the one along the um Sher Frac side I think uh and perhaps I can even show you see here that um we looked at what could possibly happen on that uh Sher front site uh in two in two ways through two lenses one what if you were to develop that site as a freestanding site unconnected to the Sher Frac it would be an extremely narrow development with a tower about 25 feet wide which I'm not sure is really uh doable but let's say it was and uh 7 and A2 foot setbacks to the property line I think the more likely scenario is thought it would be developed uh with the uh with the Sher Frac uh or on that site and in that case we have at least a 24ot pedestal setback uh and um a 30 uh 38 foot Tower setback and the way that plays out and I just want to point out what we're doing our facade is we're trying to preserve the length the appearance of it the substantiality of it on Collins Avenue but actually behind that uh at the location of that South Beach Walk we're going from a 5-ft setback to a 20-ft setback uh with all of that just being open air uh trellis and Greenery uh and you know when you sort of put in the likely pedestal volume of a future Cherry front neck expansion I think uh you know we have quite a bit of uh separation from that look something like this and this diagram also explains that um although the original building was set back five feet from the south property line 15 of those feet are now just a trellis open landscape area so that our uh you know distance to let's say the Sherry front to neck pedestal will be something over 40 feet question for you just sorry while you're talking about those setbacks so if the Sherry front were to develop and that's a vacant piece of land correct so essentially their new building would would be impacted the same way your new building would be right they would be building something that has relatively you know more narrow setbacks so it would be on top of you know your residence in this new condo Tower as well right so I think for for the most part people are being impacted somewhat equally but what was that point that they were talking that where I guess you know the F allowance or this this designation should include their site as well maybe you could speak to that Michael um I didn't hear her I knew that IRA has said that at a prior hearing they said last minute I think it was two things that we left it with it was the setb and it was inclusion of their site as part of yeah well unfortunately what happened they did make that request when Steve Ross came through earlier and and this board did recommend the inclusion of that property the reason that was different was that that was legislation sponsored by a commissioner and that was before the F increase process was enacted by this Commission in response to the the adoption of a Florida statute that altered our police power here that you all know about I'm not going to go into much detail about but what happen since that action is that this the this commission adopted a a whole stringent F increase process which makes it so that you have to be a private Amendment application no commissioner can sponsor a private application while commissioner suarz has done it for Washington Avenue he's done it for everybody he won't do it for a private applicant you know this is for a private applicant and with it comes responsibilities of doing a traffic study and a water and sewer demand study those are key to the development program of our property we don't know what what they're doing it's too late in the process to do that it's almost would be like if someone if we came to you with a cup application for a neighborhood impact establishment for restaurant use and at the hearing the neighboring restaurant said hey I like to climb on board now it's less costly it's Le it's I can do it right now no you can't cuz the entire application has been keyed to the impacts from that particular restaurant through a traffic Project Specific versus I guess District specific now that's correct excuse me um I had a couple of questions um it looks as though with the rear 50ft setback the oceanic deck disappears is that correct no do Oceanic deck uh is still there the 50ft rear setback is a tower setback okay so it's only applying to the hotel Tower so there's something that's I think is important for everybody to realize and that is that the Sterling setback is 50 ft so uh and their building setback is 96 feet um they are already overshadowed by their own building at 1:15 p.m. um um the m and I don't know if I can show this right here but this building has far more impact than this building this will not have any impact at all when you say this speaking no the the M this is the m this building has an impact on you this is this building this piece of property has never been built since at least 2005 and I'm not sure why this building which is the new hotel portion I I'm just trying to understand because this is this is a Historic Hotel this is this is a a serious investment in preserving our myo architecture and they're taking a lot of a lot of time energy money to to help Reserve our area um I think that when you push this back even more it goes up higher and I think that that is more detrimental to the Sterling which I I'm not sure if that's something that anybody's consider yes sir hold on hold D got to come okay so so can I just let me finish this go ahead I'm want speak and then I'll just I just wanted to you know since we were talking about setbacks um you know I'm really not far away and I see this I have a lot of friends that live in here and live in the Sterling um but if you even I don't know what time this was taken but even right here this your own building is shading you this is the problem this doville is not but you're not going to be you didn't have a view before when the to speak just come up to the m I'm sorry you didn't have a view you haven't this property has been vacant you didn't have a view when the doville was there before so now you you're saying that the doville is going to impact your view when it's not any higher than what it was this building will impact your view right we're we're at a 45 degree angle and so what we're David's been great because we are discussing this now and we're actually evaluating different shadowing as well as how the view is actually impacted right and we're just receiving that information now um but he and I are in communication to be open-minded and look at it objectively right so you you might be right but we'll see it I've lived here 20 years yes and I've and I've been watching all of this and waiting and waiting also yeah so I mean we're on the same team yeah we're all on this we are I can't speak for all the owners of the the building but there is a lot that support proper development the only thing we're wondering is right now the uh Mt has been held to that standard and they're they were approved at 836 I believe I'm not sure that's not what this is that's not that's not th this is your actual building footprint yeah this is theirs which is right at about 45 I think they're at 83 from what I understand that might their setback is 83 for the tower for the tower so so okay so my point being height height is still going to to impact you and I know that y'all haven't had any view you know Corridor impacts and it's hard to to yeah yeah yeah I get it I get yes yes I get it I so the only thing we're wondering and we'd like to see it is I hear what you're saying is um the uh building department has approved 83 so here we're now being presented with 50 which may work based upon what you're saying but it needs to be properly vetted out right Michael when is this first heard by commission um what is your scheduling look like we have to advertise I think is it is it March March 19th the end the end of March right so that' be the first and there still change time for this process to change um I don't want to delay the recommendations all saying what can't change is increase in the F so so I I think that that preserving the difference between the first what was voted on and was ultimately preempted by the state was did not have the architectural and historical significance that this plan has and I think that that is vital to what we want to preserve as a neighborhood to what we want to see as protecting some of what we have left of our Rich history and um I'm I I also would like to you know I'll later on just continue okay any other comments from you all um board any other questions or comments um I had a few uh comments Could you um go through I guess the the I mean I know when I spoke with you we or Nick um kind of and this is from the beginning I always thought the height was a little bit um out of scale with the neighborhood I remember seeing a rendering a while back where it showed these two towers quite a bit taller than than the carolon now they're close um sort of the history of how the height developed it they were proposed to be a little taller I'm assuming at one point I mean David's nodding his head yes so and the reason I'm bringing it was a reduction from like 425 to 400 that's correct so what are what is the carolon now what's the existing height there and then the proposed height for these towers 350 35 356 is the Caroline and and these towers are 400 400 so about a little under 50 feet and AA taller yeah I I just remember I mean because my one of my concerns from the very beginning was just being out of scale with the sort of the as built character but I I know you I guess you've done something with the height I'm in the past six months or so um because this looks a little bit more um compatible and also one of the one of the um slides you put up had a sort of a assuming it's accurate sort of they look clo you know when when you step back and look at it they look close because that was one of my one of my um concerns just the the sort of incompatible height but but now it looks a little bit better and and you know from the beginning I've always told you that um because of this site the large Frontage I'm I'm open to you know adjusting the F adjusting the height um increasing both of those for for a project to go to go forward um but but you know in listening to some of the comments um obviously there's some issues over the setbacks um um and I I to you know because this is not a really it's not a a replication it's it you can call it a reinterpretation but it's a new building um and it's not going to match the you know in general it's going to be the same generally the same height maybe some of the same features as the Caroline I'm sorry as as the um dille but but it's going to be a different building um so with that you know I I you know I think in terms of setbacks I I think there is maybe still some room to work with the neighbors and try to come to some kind of agreement um as our chair said I I mean you know I most PE everyone's pretty much in favor of something going forward here and I wouldn't want to hold that back the process um but I think going forward you definitely want to sit with the neighbors and do some more more tweaking of those those setbacks um again because this is a new building in essence it's going to have the name doville on it but it's it's a new building um it's not you're not really replicating exactly what was there um so you know that's um one comment um another one I had I know in all the presentations I saw there's going to be two beach access points one on the south end one on the North End what I just heard today the North End is elevated so if somebody wants to walk they have to go up a set of stairs walk over and go down that sort of is a sort of a disincentive for somebody to use that um maybe in talking with neighbors about the setback sort of on the North End and the East End maybe you can work out something there I understand you said you have a lot of I guess back of house going in that area but you know in terms of it being called the beach access I I just seems like someone has to go through the property once they need to go up a set of stairs we've been back and forth on that originally we proposed elevated but then we thought perhaps better at grade but then staff thought well elevated is much nicer because that's where your back of house is and your loading zone area you don't want people walking right next to that and there'll be stairs there'll be an elevator I think The Pedestrian path that'll be used the most will probably on the south side with this 18 ft in width M but on North there's a curiosity Factor about it because it is elevated and it's like a mini section of a Highline so to speak so yeah I mean it might end up being a really nice way to get to the beach I just you know I I'm just I just heard that today that it's elevated I didn't know and that gives me a little pause um but I mean I guess staff you've looked more in detail at it and are yeah yeah also because um they do have the the the beach access and the southide so this is unique property where we have beach access on both sides so we thought that having an elevated one on one side actually helps cover up all the loading and operations that previously was open so I think that also would be beneficial to the to the neighboring property to the north yeah just a concern I had it may end up being a great idea I don't know but I just again I'm just hearing that today so I'm you know it's thinking about it now um by the way could I just add that by being elevated you're Le you're not in the canyon that would be happening there if you were really down yeah again I you know maybe the more I think about it the more I come to like it I don't just again I just it's new to me that's why um and a final comment I do think there needs to be a sunset provision on the ordinance in other words if if we go by you know we heard about um Ocean Terrace that was approved years ago nothing happened if we go however many years and there's no permit pulled I think basically the ordinance um has to go away well I think you agreed to include the five years right yeah Mr cement was saying we got to get five years to get a building permit if we don't get it then that takes away that increment of floor area which devastates the project so thank you thank you okay those are my comments I just say I think I'm okay with the rear uh setback you know the the Eastern setback I think with regard to the spacing between the neighbors I think you guys have done a good job clearly of taking addition you know adding additional setbacks but it seems like that there's still a little bit of work that might be able to be done um to push that uh you know to push it a little bit more and and I just encourage you to do so but of course beautiful project and um looking forward to it uh I'll be brief again excited about it I mean if you look at what uh project on Fifth Street has done what A7 park has done they've really kind of I guess uh brought a certain sense of vibrancy to the relative bookends of the city um so I'm excited for what can be uh in North Beach um in terms of you know the concerns about not totally rebuilding the dovel uh it's different times things you know cost different amount and also I think the city has different needs so what once was you know a much larger higher density project uh I think kind of you know what the design team has reconfigured is going to be better suited for the May beach of today uh as I mean I've only been on the beach for you know 30 plus years but my memories of of the doel are you know the Arches as you're driving uh North on Collins and I think for the most part between that and the retail prominade that's coming back um I think that's going to go a long way towards bringing back that historical sense for those that have seen it so thank you yeah I I just um want to say that I want to move this forward I think um obviously we've heard pretty much overwhelming support um David and your team Michael I appre I can't tell you how much I appreciate the um the Outreach to the community because to me that's what it's all about it's just getting a balance of of you know quality of life and and success with the project so um and I just want to remind everybody that spoke today and that's on Zoom that this will be going before the Commission in March all we're doing is recommending it favorably I assume um and there's still more work to be done and I I appreciate that you're going to continue to work with the neighbors and if there's tweaks that can be done and agreed to then that can be presented to the commission so again thanks for all the Outreach and um I I think it's a great project for the north beach so um I would say that congratulations on the improvements you guys have made since the last time you presented I think those are all positive changes both in design into and the added setback um I do understand the concern that some of the residents are sharing with um with this setting a precedent for other construction projects I would say this is pretty much of a unique project that it's been um in news coverage and in uh talk for uh North Beach for a long time so I would uh like to think that this is being treated a little differently than if it was just a brand new project so for those concerned about um the precedent that this is setting so um just like um Brian just expressed I'm looking forward to um seeing this board help uh this move forward hi um so um just a couple of things um I just I want people to understand that we want to see as much of the original structure being replicated as possible the original plan was no setback and you all listened to everyone and pushed it back by 50 feet as requested um I think that the more of the original structure that that can be replicated the more special it makes our area um and that's the reason that we're doing this and also the reason why the first uh proposal so to speak was rejected was because that was a significant request by the community which was we want to see the doville well now we see the doville so well a significant part of it and including structures that we haven't seen since the 60s um the reduced population by reducing the hotel rooms is extremely important uh the water consumption demand decreases by 48 to 50,000 gallons a day um sanitary sewer is reduced Alside by about 50,000 gallons uh the solid waste 421 tons per year uh the traffic impact also reduces morning peak hour trips by 246 and afternoon peak hour by 379 so that alleviates congestion it adds to our our overall quality of life and we could have over a thousand Hotel units or who knows but this is a step in the right direction and I believe that I heard Daniel serado the first time say that this is better than the original and I appreciate you thank you all right someone want to move it I'll make a motion to move with a favorable recommendation um I guess just incorporate the comment I mean just as the commission's discussing it to I guess consider whatever could be with setbacks uh but generally favorable recommendation and I'll second okay all in favor I anyone opposed no okay this will be both items on bb24 yeah that actually that that was the first one so that was planning board 0708 um and then we'll have a mo someone could also make a motion on 0693 uh I'll make the same motion to pass favorable recommendation to the commission uh while hope while having them to consider the side setbacks okay and I'll second okay all in favor I anyone opposed okay great thank you very much for your time appreciate congratulations do we get to keep this or we're just going to leave it here we're going to take a so I would suggest you know I do believe we can finish the agenda in 15 minutes for the rest of the ordinances because two of them are just cleanups and one is like a minor Hotel Amendment so if you want to power through and then do lunch afterwards yeah if you guys want to grab your lunch you can and need it while we're doing it so the next is item uh number 18 planning board file 25736 Ocean Terrace mxe zoning District change cd2 ldr overlay so this this is a a cleanup Amendment as the board may remember last month if you look on page 90 the board packages you'll see the Ocean Terrace overlay is at the map on the top and you'll see the um the zoning districts that are placed currently which is a cd2 and mxc Zoning districts now within this area we have the the Ocean Terrace overlay and that code section references both the mxe and cd2 so since we have this pending amendment to rezone that area that's mxc to cd2 we had to fine-tune the regulations of the overlay District to reference the cd2 whether it's on um Ocean Terrace or on Collins Aben so all this is is a cleanup Amendment there's no substantive changes we're recommending that the planning board transmit this to the city commission with a favorable recommendation thank you okay is anyone here in Chambers to speak on this anyone on Zoom nobody on Zoom their hand raised okay motion any questions or someone want to move it motion to approve okay I'll second it all in favor anyone opposed okay passes uh next one is planning board file 27730 increase of minimum Hotel unit size Citywide well this ordinance is it looks pretty extensive and it is comprehensive um what it does is right now pretty much Citywide where Hotel uses are allowed the code has a provision that requires 85% of the hotel rooms to be at least 335 ft but it gives an allowance for up to 15% to be between 300 and 335 ft what this ordinance does is eliminate eliminate that small provision of 15% allowance to be between 300 and 335 ft and requires that all Hotel units be above 335 ft what it also does is clarify in the cd1 district where Hotel units are not where Hotel use is not allowed in the code there was a provision that included the size for hotel units we're taking that away since hotel rooms are not allowed in the cd1 there's no reason to have a minimum Hotel unit size requirement so this is just a clean up for that portion to remove the reference to Hotel uses in the cd1 zoning District otherwise it doesn't change the the allowance for within historic districts you know it does allow for um reconfigured hotel rooms and original historic hotels to be as low as 200 F feet it doesn't modify those requirements it does however also remove the allowance for micro hotel units in the TCC District so in summary it just eliminates the provision for smaller hotel rooms um between 300 and 335 ft eliminates the micro hotel units in the TCC districts and clarifies that hotel units are not allowed in the cd1 district what's sorry guess what's the purpose of this meaning aren't smaller hotel rooms better for I guess shutting down the party which is you know where where you have 10 people staying in one larger room well we're removing we're removing the allowance to have smaller hotel rooms so this I'm saying wouldn't you wouldn't you prefer have smaller units we're trying to eliminate micro units but if you have if you have a Microtel unit you can only fit one person in there instead of having a larger unit where you can fit 10 people in there pay for one room this this this only the goal here is to B on the direction of the city commission is to acquire larger units why so that so that prices can go up so that you can have nicer hotels being built um there's a whole lot of reasons happens you have a micro hotel unit and but they still have three or four people in there I mean right there's some of these hotels where there's not even a checkin and stuff where they have these micro eight people up sleeping so it tends to attract a rowdier crowd OD enough right I think and and and also I had a couple of questions though but one of them was it's it appears that you still are allowed the 200 square feet in arm2 cd2 yeah in the districts where it does allow it for um for example um contributing buildings and historic sites we're not removing that allowance for smaller hotel rooms in in those those instances so those exceptions would remain in place this this only removes the exception for new construction um in those areas so what about the TCC so we're still allowed to no no the TCC District we're removing the ability to do micro hotel units on on the bottom of page 100 uh it shows that that's a an and they're allowed provided that the minimum of 20% of the gross floor area of the building consists of amenity space that made bottom of page 100 no those were the exceptions but we are removing so that for the the ability to to removing the ability for new micro hotel units we we have that section in the code for existing for ex for existing units that were that were were permitted so they still have to meet that requirement but we're moving the ability for new this is going away yes this is going to Citywide because this and I do appreciate commissioner Rosen Gonzalez for bringing this forward I think it's important for our city to move away from from from properties that are too small a question unless I'm reading this wrong why is are micro hotel units still allowed on Washington Avenue construction no I think that was for the um the properties on Washington Avenue from Fifth Street to 16th Street for a new hotel con construction or conversion to Hotel use the minimum hotel room unit size may be 175 square ft provided and then you know there are some requirements so on page 100 of the report let me just look at the actual ordinance it's saying cd2 for Washington Avenue 5th to 16th um for new hotel construction the minimum Hotel units size may be 175 ft provided that 20% of the gross floor area of the hotel consists of Hotel amenity space that is physically connected to and directly access from the hotel hotel amenity space includes it includes and it goes into all of your amenities and bars and restaurants you count no more than I I felt like that we were getting away from the 175 ft and and it's sort of and the same thing with real Collins Park as well um and yeah I I I feel like Collins Park wouldn't really be too thrilled with with having 175t unit sizes but maybe I'm wrong right still allow the um for contributing Hotel structures in the Collins Park area to be 200 200 square feet minimum hotel room sizes or for additions or for rooftop additions to contributing structures um in his work districts but are you still checking on Washington Avenue because that you know it shows it's clear it says new construction or conversion to hotel or or a conversion to Hotel use right which page are you reading from 100 cd2 District bullet point three right those are the existing regulations um I think you're looking at the summary of what's in the current code but the amendments are the amendment started page 103 so in other words for can you repeat that please just that I think what what um what the board's discussing I think you're looking at the summary of the existing requirements which is in the memo um on page 99 and 100 um but the changes proposed start at page 103 and they're uh by zoning District these are the new ones on this I see you're right okay so if you look at the strike through in the theive me I can't read that was so so you're saying that anything um this is better all of cd2 which is most of Washington all the the um requirements on page 109 would govern which development regulations table okay except for you still have the 200 foot in Collins Park Hotel the idea is to keep to keep those lower allowances for contributing Hotel buildings okay and I don't know what do you all think I think the intent there was um to incentivize the rehability ation of historic buildings rather than I'm appreciative of this coordinance can you you concern about no I'm I I would like to move the item move it okay favorably to commission okay okay have a second Melissa seconds Scott second all right all in favor I anyone oppos okay goes favorably and the last should be an easy one planning board file 25740 Hotel use Amendment so the last ordinance is a cleanup Amendment this last one this is on page 120 of the board packages it's a companion of what's already going through commission right so I think the commission actually adopted it at first was it first reading yesterday or second reading um requiring a um a warrant process for the approval of Hotel units on properties that are not directly on the ocean front what this ordinance does is then Institute and include a reference within all the zoning districts this new warrant process so someone's not confused that they can by right or as of right you know come in with a hotel project we amended all the code sections to reference that any apartment hotels hotels host hosts or Suite Hotels are allowed subject to the requirements of this new warrant process which does require this the step process for for review by the city Commission prior to the application of any hotel project before Landy board so this this doesn't this doesn't um this this is this ties into that process that's already in process for the warrant process for hotel uses I believe it was adopted at first reading by City commission yesterday second reading second reading okay it was thanks Nick yes so there's no substance of changes it's just just a cleanup and a reference to that code section anyone on Zoom nobody on Zoom with their hand raised okay motion to approve I'll move it that I'll move the item favorably okay yes you'll seconded it so no second all in favor all opposed okay passes you sat here all day you didn't speak just enjoyed it huh you just wanted to sit here and and Gaz um any other comments from the board We Can ad jour thank you all meetings adjourn thank Youk oh um sorry Mike you something see you all next month March 4th thanks everybody thank you e