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Document 3 of 4C I ttf e L CkS f I c Ej LA J c O February DRB File No M T po If MRMOONEYOK we re ready for the next item MR NEVILLE Yeah MR MOONEY Ok the next item is DRB Fil no this is Alton Road The applicant is requesting design review approval for the construction of a new story mixed use project which will replace two existing buildings on the site which have actually already been demolished This application first came before the Board on November of and the matter was continued to a date certain of today inorder to address the concerns expressed by the Board members As noted in the report Staff issupportive of the project as the applicant has substantially addressed all the previous concerns of the Board and Staff We have suggested a few minor modifications such as increasing the rear setback of the project as well as the interior side setbacks as well as some additional details with regard to the garage doors and the louvers Staff would recommend that this application beapproved subject to the conditions enumerated inthe Staff Report MR NEVILLE Thank you Tom Good afternoon Not saying good morning anymore that s been long gone OK MS GRALIA Good afternoon Board members My name is Maria Gralia at South Biscayne Blvd I represent the applicant on this project with me today is Koby Karp of Koby Karp Architecture and Interior Design as well as Barry Miller the landscape architect As you just heard from Staff they have recommended approval of this project with certain conditions REFERS TO NEW PLANS What we passed out February to you is those revisions we agree with Staffs conditions and we ve made those to the project which you have in front of you We are proposing a mixed use story building with residential units and an seat restaurant on the ground floor This building has parking which is subterranean level of subterranean parking and another level on the nd floor We were here in November where we were deferred and were asked to meet with the neighbors that are inthe adjacent neighborhood they actually abut the east portion of our property We had actually two meetings with the neighbors The first meeting we basically just listened to the concerns that the neighbors had and then we had a second meeting that was held on December At that point we provided the ones that attended that meeting I have to say that the December meeting was not well attended by many of the neighbors that had opposed the project in the first place Iknow it was the Christmas holiday so there was a lot of conflicts with people attending but the ones that were there we showed them the four options that we had provided and we came to a consensus that theOption No was the option that was probably the one that would be most accepted by the neighbors I understand that not everyone isgoing to be happy we can tdo everything that the neighbors want but I think we ve done a lot in order to address their concerns And I ll tell you what we ve done We ve basically removed all the balconies that were facing east to provide greater privacy this was one of their concerns that the balconies would look over their backyards and they wouldn t have privacy So we ve removed all the balconies on the east We ve taken the residential portion and we ve pushed it towards the west providing a foot distance from the east edge of the pedestal and this again provides a greater buffer between the residential units that begin on the rd floor and the adjacent properties We ve also taken the floor plate heights and reduced them to feet Page February which reduced the building height by feet and then the restaurant portion on the first floor has a double height ceiling pushing all the parking back towards the building on the second floor We also increased the interior side setbacks as recommended by staff we increased the interior side setbacks to point feet inches We also increased the rear setback to feet At this point what Iwould like to dois ask Kobe Karp to come up and present the project to you as well as we ll be able toanswer any questions you may have And I d like to reserve some time at the end for rebuttal if that will be necessary Thank you MR KARP Hi my name is Kobe and I ll try to be brief We basically as Maria has eloquently discussed we have taken your recommendation last time we ve met with neighbors a few times and as Maria has basically mentioned toyou what we have done is taken the Staff comments of the additional setback and have implemented the set of drawings that you have in your possession And some of the comments that you had last time we have also brought the sample board and brought in the section which I think is important to show and I just want to put it down not to block any views But what it shows ishow it is that we were respecting the neighbor to the west as much as we can and we have taken all the balconies on the east and removed them and reduced the residential function So if you have any questions or suggestions I ll be here MR NEVILLE Thanks Kobe MR KARP You re welcome MR NEEDLE Anybody from the public like to I know you guys have been waiting a long time Come on up Will you be the only one speaking Or is there Ok there s a whole group Alright You ve been waiting a long time I want you to have Page February your say but just alright I was just going to say just try not to be repetitive if you know what I mean because oh boy it s been a long day MR HELD Mark you re going to use the microphone alright MR NEVILLE Thank you MR NEEDLE Is this the one Hello Mark Needle Lenox Ave You most of you were here in November when the neighborhood reacted with great surprise and was rather upset to learn that there is a loophole inthe zoning code that essentially allows a developer on Alton Road the edge of the historic district the buffer to the historic district to go outside of the CD the commercial zoning and use mixed use zoning We had all thought and Irefer for an example to the January Memorandum No that the city did shortly after the Save Miami Beach movement called for some changes in the zoning and it said that it basically deleted the FAR bonus category and methodology And it did it in that district it did it inall districts we all thought it was done We ve now learned that there is a little footnote that allows you to actually get outside of your zoning category and go toanother one Since November the project the existing historic buildings were demolished about three or four days later The developer s team came to the Flamingo Park Neighborhood Committee meeting with virtually no changes the only change was the legally required setback from feet to feet As you recall there is no alley here This the property s literally touching multiple one and two story contributing historic buildings The they made a very modest concession of height The main change this has been the parking reduction from two to which allowed for a massive reduction in volume I wouldn t say massive actually but a significant reduction in volume But unfortunately what was a one story restaurant in November has now become a two story restaurant inside but there s no this is simply a Page February large volume that square feet of the savings in volume and massing height and mass has been given to making their restaurant nicer displacing square feet ofdevelopment up to the upper floors where it s most impactful and destructive on the historic district The savings could ve gone towards alleviating the problems in relating to the district not towards making a nice restaurant which if that s all this project were Iwould love it but it s not It s a restaurant plus units that of housing replacing units that were previously there plus parking for both the restaurant and the housing which was not there previously We did offer to meet in January and I want to actually submit that for the record On January Isentan e mail tothe attorney and to the neighborhood association facilitator I sent a follow up e mail on February just confirming that we had offered to meet and that we had outlined specific steps that we would accept as apotential compromise Because we learned unfortunately at that second meeting where they got consensus to use the this is for the record HANDS COpy OF FEB EMAIL TO CLERK where the consensus was supposedly obtained none of the affected neighbors were at that meeting unfortunately Meaning in the legal sense of the ones who are in the adjacent nearby area within the notice area We did offer to meet as Isay we outlined some ideas that we had talked about back in November that included variance pushing the massing more towards Alton Road where itwas less impactful on the historic district We talked about a variance for the parking which subsequently turned out to be allowed by staff without the need for a variance at this point it appears And we also talked about the need to step the massing so that it would break up that mass and allow for more shielding to the neighborhood I want to show you now this issue we brought to the Commission who referred to the Planning Board and this is really what we feel and we said it at I should point out Page February in your packet and for the record Flamingo Park Neighborhood Association did make aresolution at that well attended meeting which was to eliminate that loophole and to address the zoning the underlying zoning of the CD zoning to put an height and setbacks and so forth And actually we called for a reduction in FAR toCD l level The Planning Board meeting the th of January we presented the facts of what this neighborhood actually looks like REFERS TO DISPLAY On the left hand side this is in your packet you have the historic district which is predominantly one and two story I actually broke I llbreak down the percentages for you again but in the blocks that we re talking about it s one and two story contributing buildings buildings that are going to stay like that forever On the Alton side and Im talking about each area along Alton that goes along the historic district where there is the CD zoning One the Alton side the buffer has always been one and two story buildings The only exceptions here are two buildings at the corner of th St which are also backed by the way by two of the nonconforming orlarger than two story buildings within the historic district so it becomes a place where a modest exception has been made But generally that is the scale The developer showed us in that meeting and it s now part of your package an alternative way of looking at things which is which is topoint at all the nonconforming non historic buildings the ones that were not part of the historic district and to show those as the scale by which new development should be measured REFERS TO DISPLAY This to us is really more of arogue s gallery of what we don t want to be building towards the exceptions that we don t want to contribute towards additional exceptions Its not where we think the measure should be at all It s also inaccurate It s showing that there is a ten a seven story building at the corner of th St which is incorrect its at the corner of th St Page February So that s the existing zoning And if you look at it in a graphic form you will see that the one and two story buildings are predominantly here REFERS TO DISPLAY This isliterally showing you the percentage of one and two story buildings and those the percentage of those that are larger than that Historic permanently dedicated to remain so although in some cases there can be modest infill This shows you the limits of what is there The yardstick for new development should not be the greatest exception and if you look at what happens in the CD district with the loophole it allows the bonus of FAR a increase beyond what is already set to be higher than the limits within the district And this is touching this is the buffer zone for the historic district We made a point to the Planning Board that we felt this was fully incompatible and we felt like the designs that we dbeen shown are really proving the point because there s only so much that they been able to do in making changes to this point I want to point out to you what it looks like from our perspective You talked earlier about the importance of street scale and what does is it look like from the street well as important as the Alton Road side is the perspective from the historic district REFERS TO DISPLAY And this is what it looks like when you take one and two story buildings buildings that are destined to remain so and you back it with a large volume that is maximizing height and is maximizing its width for the most part I know that some setback was made but a large volume that is looming over these buildings and making them less than more like declarations in front of alarge modern structure So what happened Id like to introduce some expert testimony because Ithink our own Planning Board said it very well REFERS TO DISPLAY What we have here and I ve given you the transcript in your package two pages Any time they re talking Page February about the zoning changes within the historic district to address the infill problem I ve just bracketed those and summarized them shortly But the real thing I want to draw your attention to isyour own Planning Board s vision of the compatibility of this volume next to the historic district I don tthink reasonable people can disagree that the CD RM bonus IS wholly incompatible with the adjacent zoning That s the Board Chair I think we cannot allow them to build the monstrosity that you are talking about Board Member three I think that the character of Alton Road needs to be preserved by all means Board Member four I agree that we definitely need to minimize the scale and retain more of a street level scale on Alton Road and that or story possibility on Alton Road isvery dangerous and I wouldn twant to see that And then again the Board MR NEVILLE I wanted to highlig t that I think there are areas where reasonable people can disagree and I think there are areas that are just black and white I think we do need to move this process forward so we can have zoning in progress as quickly as possible The reference there is to closing the loophole that allows this extra massing which we feel so destructive to our homes Board Member five said I totally support the intent of what the commentary has been Board Member six said I move Board Member seven five again said Second OK that s unanimous Idon tI llleave this up here Outside of the historic district the Design Review Board is the board entrusted with ensuring that the edge of the historic district is compatible that the new Page February development is fully compatible There are there are good reasons for you to deny this project based on its incompatibility It has violated numerous criteria according to thestaffs analysis They may feel that some of them have been solved but we don t And regardless of any future zoning change that the Planning Board may do there is simply no justification to go beyond the CD zoning and its FAR limits in order to use a different section of the code which by the way isso inappropriate that it has setbacks that push the massing away from Alton Road which the staff testified at the Planning Board meeting would be more able to handle the volume and it pushes it back towards the historic district It simply is a use of zoning that is inappropriate for this location in its entirety There is no reason for this board to create an exception on Alton Road when it isso destructive What needs to happen isto allow all of Alton Road rules and regulations to be developed in an overlay district and let the developers for Alton east of Alton and theneighborhood really come to a consensus as to what would be compatible and move forward in that way together There are numerous bases for deferring this besides the fact that changes are coming in terms of scale height setbacks and that fairness argument the idea that we don tlet one developer push through a project which is so clearly incompatible with the historic district and then others if you saw thephoto that was up there REFERRING TO DISPLAY there are other properties up and down that area for sale and then others are going to be subjected to new rules The development should be consistent up and down the east of Alton There are other reasons for making for deferring this matter For one the square foot assertions that I saw I haven tseenthe latest that you were just given of changes that were made but what I did see showed me that on one page the square footage Page February added up to and it wasn t as it said onone page or as it said on another page Another error that I believe is a technical but substantive error for the record is that this project isnot advertised as a six story project but in fact it is six stories One story is underground The notice simply says a five story building It doesn ttell you that there is also an underground level which it will be pointed out later has an impact as well inthe neighborhood The staff has addressed some of the setback issues at the ground level but the gaps that we saw in the plan are very significant We believe that there are other criteria that the staff did not also emphasize that are important including the rooftop number design criteria We don t believe it s appropriate the orientation and the way it s laid out We believe it s creating an attractive nuisance for the neighborhood It should be oriented towards the sunset not positioned in a way that units are going tobehaving continuous parties sunset evenings out on there They had requested a mini bar whether it s there or not there is little buffer to stop their party noises from coming into our neighborhood from above The Number orientation and massing also was marked as satisfied and we believe it s not The very fact that the zoning pushes back from Alton Road this extra mass that s been added on there is inappropriate and as we said to the developer s team after the November meeting with the right circumstances we d support the variances that push the massing forward just like we said we would support variances to reduce the parking to the point that has eased the situation somewhat today MR NEVILLE excuse me Mark How much more you have MR NEEDLE About three minutes two minutes Page February MR NEVILLE About three minutes OK You been going on for about minutes now MR NEEDLE Well this is really a fundamental issue I believe before this board Because it s up to you to protect the historic district and I think you need to see what the Planning Board saw And we have to deal with the specifics of this one So it s I m the only one that is making a presentation but that s the reason for the length MR NEVILLE OK no well we re going to lose a member here pretty soon MR NEEDLE Well MR NEVILLE Go ahead you have three minutes go ahead MR NEEDLE OK Anyway the issues that are unsatisfied are not to us not incidental things that get left to the staff They are fundamental to the judgment of whether this is sensitive to the district or not Third reason for deferring is you need tobreak up this mass of the three story on top of the two story It needs to step back it needs to be ameliorated from one stepping to the next These are substantial design changes that they the developer s team refused to consider any substantial change to the massing above the second floor The concurrency impact is another issue that I and particularly what will be pointed out the underground levels impact on drainage And finally taking that mass from the top where it s most hurtful to us allowing the stepping to take place as a result of that and put it back on the second floor Ifa one story restaurant was good enough in November it should be good enough now That square foot change can allow for stepping of the tower and a significant change to us but it needs to come back to this board Page February Don t be you know misled by any idea that you need to rush to take advantage of the parking because we will address parking ispart of an overlay district or as part of a variance with the right building But this isnot the right building And we ask you to look beyond the paper of the building plans that have been submitted to you and look at the effect of creating this massive intrusion into Alton Road which I think the neighbors think the Planning Board thinks we all believe is absolutely inappropriate and unjustifiable Thank you MR NEVILLE Mark Iappreciate that you put in a lot of time and effort into your presentation I just wanted to make sure that since you didn t get these drawings ahead of time is your understanding of their setback s feet from the rear and then after stories from therear to the tower Is that what you guys have MR NEEDLE The setbacks they didn t answer our January th or February nd communications so this is the first time I m seeing it So it sMR NEVILLE Well they just handed it out today but I didn t know I don tknow if that was your understanding or MR CAREY We provided you with the Staff Report which indicated that we were recommending a foot setback rear setback as well as increased side setback MR NEEDLE I knew that the Staff was recommending a foot setback Iasked for the Staff Report last week I didn t get it until yesterday at I ve read through most of it And the foot is an improvement over what was there before it was feet But the issue is it s still giving its full massing for the entire story block it needs to be stepped back and away it needs to be pushed forward to Alton Road through variance and this is just not a design that is compatible The design itself is incompatible with the historic neighborhood it s creating a wall effect Page February And we believe that that s the reason that all of Alton Road needs to be examined We need to have conditions in which the developers and they re not the only ones they are the first ones to alert everyone to this problem Because historically as you saw everything is and story even the new development s been and story This is thefirst time anyone s known about it We need to move forward III an orderly way and have some incentive for everyone to sit down together There s really been no incentive for the developer s team to sit down with us and negotiate which is why Ibelievethey have more or less avoided us and they ignored the ideas that we threw out inour offer to meet again this month MR NEVILLE Well they mentioned that they tried to meet with you guys but MR NEEDLE No they we arranged a big meeting In fact Itold you about it that we had a neighborhood meeting scheduled and we had a good group that came to that And there were no changes And they were telling us that instead of doing the variances that they were had changed their minds or advised not to and weren t doing any variances so this is it And the same thing was said before not everyone s going to leave here happy But there were no changes that were made Now at that point we said well this demonstrates to us that it s absolutely inherently incompatible and we made the motions the resolution that said you know let s cut out the loop hole and let s address these setback issues and massing issues it J a way that s sensitive to the Historic District They arranged a meeting which already we knew some people didn t make I couldntmake because of my daughter s Christmas thing Christmas isa hard time to meet a week later when we thought we were going to hear all this stuff at the meeting that we talked about in November Page February So it s really misleading to say that they made real efforts to meet with us MR NEVILLE Alright MR NEEDLE They did meet with us but MR NEVILLE That s not the point I mnot trying to accuse someone of avoiding anybody else MR NEEDLE They are nice people by the way I don thave any problem with them I just don t think there s any incentive to make changes in their building at this point unless you direct them to make them or unless the Planning Board creates the overlay environment MR NEVILLE Yeah I don t think we can direct them But the only point I m trying tomake and Im trying to be fair to everyone is that Iremember the last presentation and it seemed like a nice project Then you guys got up to speak and it really brought out opened our eyes to some real problems and that was that the building was way too close to the backyards of the residences behind And that was a real good point And really quite frankly I don t think any of us were really aware of that problem I believe now that they seem to have corrected because was itfeet from before That it went from tofor the story part and you said what was it before the tower something MR NEEDLE I believe it was feet and it s now feet is that correct MS GRALIA Its now feet from the parking structure So you ve got the feet for the parking pedestal then we re set back feet MR NEEDLE No no no that s not true MS GRALIA I m sorry I apologize total feet from the property line MR NEVILLE Yeah alright MR NEEDLE So it s a foot change Page February MR NEVILLE So there has been a real effort on trying to accommodate MR NEEDLE But there s been tinkering with some things that requires real movement of mass for this tobe compatible and MR NEVILLE I know what you re saying and that brings me to my next point that if it seemed to me that and correct me if Im wrong that your presentation s geared around the actual zoning district and what developers can I don t want to say get away with but what they can build under that zoning district And that s the real problem here is that you feel that the zoning district is allowing too large or too bulky or too massive of a building to be constructed next to your neighborhood Whereas before it was more this individual design was just too close and if they moved itback it would be a lot better It got moved back but now it seems like it s a bigger issue and Im not sure the DRB has the purview to come and say to the City and to that project we can t approve you because we agree with you that this zoning district allows for too large of abuilding Well you know I m not sure if that s something we could do And if we did do it I m sure if that wouldn tspur a lawsuit by all the people who went and bought property on that road thinking that the zoning district allows them to build x amount of square footage or x amount of height where you know now the City s own Design Review Board says no no no you can t build that So MR NEEDLE The changes that the Planning Board first of all you misunderstood then what we were saying What I was saying is that it was so plainly violative in many respects but the one it was unarguable that had to change because it was even violating the law because it was ignoring the fact that it was abutting us That was the point Imade and I actually outlined all of the points about massing and so forth I certainly outlined them to the developer steam you ll see them in the emails that I sent s to them where all this is spelled out as well Page February You re making a point that I m saying that I mnot saying also Im not saying Defer this so that the Planning Board can fix the problem Im saying Defer this because as the Planning Board points out it s inherently incompatible You were told last time in November by the City Attorney that the project MR NEVILLE What s incompatible the zoning district is incompatible or this building is incompatible MR NEEDLE This massing adjacent to these historic buildings MR NEVILLE Is that are those quotes from the Zoning Board are those quotes as they for I m trying to struggle with my English here English is my first language but you wouldn t know it from today But are they reviewing that building when they make those statements or are they debating that zoning district MR NEEDLE No I made only a Ishowed theentire zoning district They re dealing with the entire district I did show this is the only reference I made to this building and I didn t name it I just said this isthe kind of massing that you get REFERS TO DISPLAY And I said that the massing that the relationship of the massing was representative by the developers team as being accurate except for the coloring of the building at that time And I pointed out also that these properties up and down Alton are also advertising an incredible development opportunity and incredible means it s hard to believe And it frankly is it s impossible to believe that this zoning exists next to the Historic District that this is the buffer this is the historic buffer that s supposed to be commercial and it has historically been a and story commercial So I m not saying that you should defer it in order to allow the changes to take place I m saying that you should defer it I went through and gave you a number of reasons why you can defer it and should defer it or deny it outright because it s flatly Page February incompatible This amount of massing just doesn twork adjacent to these we should be protected by you because we are historic properties We have given up our rights to build this We gave up our rights by being in the historic district which as I ve showed you is and district wide it s story over and story That context needs to be protected What we have instead what we have instead is this massing which istimes the size of my historic bungalow architecture where Ilive REFERS TO DISPLAY It s actually on the back here This when you have this use of the RM zoning it simply creates inherent incompatibility I think even the CD limits as they are do that MR NEVILLE Again you re getting to the zoning district I don t know how we can protect you when the zoning district allows that size of a building to be built I mean MR NEEDLE Ithink at this point if you don t if the majority of the Board doesn t feel that that extra FAR is inherently incompatible then I think that you should just examine it from a design standpoint and just decide is this massed properly and most sensitively for the Historic District Do we want to let them take the parking savings and use it to have a nicer restaurant and displace that square feet to affect our historic neighborhood Those are the design considerations that you should be looking at right now You can t decide that it s too much FAR for this site that s not in your purview What you can decide is that this design is incompatible and that s all MR NEVILLE Well yeah that s what we re here to do to debate the design ofthe building If it s it s one thing if it s violating all the zoning restrictions like some of the applicants do that gives us some teeth But when it doesn t it becomes a little bit more difficult and it s nearly impossible to say no that building cannot take place and it needs to be stories and it needs to be you know like feet Page February MR NEEDLE I m going to differ from you legally for this one point here because legally I think this Board is fully entitled to say This isa CD district and we believe that unless you convince us and let them keep coming back and trying to convince you unless you convince us that this building can be developed in this and be compatible and sensitive to the neighborhood we re not convinced that we need to let you out of the CD FAR limits and height limits and go to this other section of the code this RM section of the code which adds new massing and displaces it back towards us You don thave to let them gooutside of the CD section of the code which they bought in to So legally I believe you are standing on very firm ground to say to ask the question Should this go outside of CD zoning do we believe that they have demonstrated that this building is sufficiently compatible and sensitive to the Historic District That we can as the entrusting body for the Historic District buffer here that we can say This is compatible If you can say it s compatible with that with that additional massing and as it stands right now I don t think that you can but if you can go ahead and say it MS GRANT HYMAN The site data makes reference to CD it doesn t make reference to RM MR NEEDLE The what doesn t make reference Im sorry MS GRANT HYMAN Our references tothe site MR NEEDLE Well they re in a CD district but the CD has a footnote essentially that allows when you re doing mixed use you use an entirely different section ofthe code MS GRANT HYMAN Oh ta daa Get it got it MR NEEDLE That s why it escaped I m sure in the elimination of bonus density bonuses it s a loophole it was a glitch that was allowed tostay in there But Page February frankly I think you re allowed to say that they should respect the CD zoning unless they can prove to you that they can build a compatible building And when they came to us in theDecember ih meeting at Flamingo Park they proved to us that they couldn tbuild a compatible building And therefore we made an alternate process to go forward to start addressing the problem MR LEFTON Mr Chair with all due respect can we move on and hear any of the other MR NEVILLE Yeah that s what I was MR LEFTON neighbors MR NEVILLE Alright Mark thank you very much Let s whoever else wants to speak MS GRALIA Do you could Ijust briefly address a couple of the comments just so that we can get this cleared up First of all MR HELD Excuse me Mr Chair MR NEVILLE Yeah MR HELD We may be losing a quorum MS GRALIA Oh well MR NEVILLE No Clotilde s still here MR HELD Oh OK MR NEVILLE Clotilde are you leaving OK she s still here so we have a quorum MS GRALIA We were not oh OK thank you We were not advised that they were going to be presenting anything at the Planning Board so we weren tfair at the Planning Board to present anything I don t know what he presented to the Planning Board I don t know where these comments come from And I think to bring it up here Page February the comments that were made on the project that wasn t before thePlanning Board but it s before you today I cannot respond to those comments what they presented to the Planning Board What we can show today is what we have We did meet with we tried everything Wernet with them and we first met with them and we listened we sat there This is our first meeting There was a lot of attendance At that meeting we said based on their comments that they wanted the building stepped back that they didn twant balconies that they wanted to provide more privacy to their yards We said OK we re going to go back and see what we can do at that point We agreed at that meeting what were the dates that people had available And I remember that there were two persons in attendance that said that they were going to be on vacation on December thNo one else could be present on the other days that we suggested so we all decided it s December th would be the date that we d meet the second time Before the December th meeting I e mailedevery single IDenis Russ andlbelieveMr Mark Needle I e mailed them four options four different options which I have with me today of things that we would present at December th meeting So everyone had this beforehand When we got to the December th meeting we reviewed all of these options and the ones that were there thought that option number two the one that gave us the greater setbacks on the rear that was closest to their property that that would be the best option to build And that s the option that we presented to the board Now on the second meeting that Mr Needle is talking about what occurred is that we have adeadline January th we needed to submit our plans in order to be here today So we could not wait and when I got an e mail from Mr Needle onJanuary th even though after December th I e mailed every one of these options again to everyone so they can review them and let them know that we would go with option number two IoPage February received an e mail on January th outlining the things that they still wanted and one of the criteria was that they wanted an FAR of We have an FAR of We had no time to schedule another meeting with the neighbors because we had to redesign this whole thing and submit it by January tho So when I received a second e mail sometime in February nd I believe February nd it had already been submitted We had I mean everything had been done So I just wanted to clarify those things because we have tried to meet with the neighbors and do whatever ispossible But right now we are in the CD district we dohave and FAR of we re not requesting any variances whatsoever to this project One of the variances Mr Needle was talking about was to push the building forward to Alton Road was basically staff did not want us to do that so we were playing with most things How do we satisfy staff How do we satisfy the neighbors So I think that the option that we are presenting here today is not perfect everybody s not going to be happy with this but I think that we ve gone a long way to make it work for everyone Weare also and Igot the landscape architect right here because the last time we were here there was someone from the neighbors who was an arborist and had a lot ofquestions in reference to our landscaping So we put in a lot of work in the landscaping too that we would provide sufficient buffers on the east side of the property and that s why we have greater setbacks that we could have agood lush landscaping that would survive there that would actually disguise the big fa ade of the building that they were the massing that they re so worried about We would provide this We even said Look we ll provide landscaping on yourproperty if this is going to give you greater privacy on your property Page February So you know I ll let the neighbors continue but Iwould like the landscape architect to talk a little bit about the things that we re going to provide them that would maybe alleviate a lot of the problems that they re discussing right now MR NEVILLE Yeah let s do that Are some of your concerns with landscaping and buffering I waslet s MS JACQUE The new piece I m sorry REFERS TO HANDOUT MR NEEDLE There were somany concerns Unknown Board Member It refers to flooding MR NEVILLE I think alittle bit more information is good Ithink right So let s let shear what you have yes MS JACQUE I m sorry I have to go MR NEVILLE OK why don tyougo ahead and speak first then MS JACQUE Thank you My name is Carol Jacque Ilive at Lenox Ave and although Iwas inclined to just talk about my backyard which floods every time it rains because we re abutting the small strip mall next to this property and it s all cemented in so Ican twe can t enter our property in the back when it rains No matter how little the rain is because there s no drainage Even though I was inclined to talk about that there s a much bigger and more important issue and that s the drainage all around Alton Road And although I have just because of time I have some letters here which I guess Ill just leave from people that could not be here that are not necessarily addressing drainage but just the project in general that neighborhood residents that are not inclined to I think the project is basically to massive But I won t read that because I think they will probably be repetitive However I do want to read a letter from Pippa Seichrist who is the president of the Miami Ad School Page February You ll notice that pictures on the front here were taken in front of the Miami Ad School this weekend however we could take these pictures every single month because of the flooding there This is a seven year old in a crosswalk This is how we get to Wild Oats We crossed the street we have to walk obviously if you blocks away during this time You can see in the middle picture the fence for the project here so it s right next to the crosswalk is right next to where the proposed project is And this is just south of the proposed project the strip mall that I referred to which is all paved in so in the back of that strip mall there s a lot of flooding every time it rains This is from Pippa Seichrist thepresident of Miami Ad School I am the president and one of the founders of Miami Add School located at Alton Rd My husband daughter and I also live in the Deco district atJefferson Ave years ago we relocated here from out of state tostart our business MR NEVILLE Ma am you don thave to read the whole letter Imean we can read it and I can see the highlights They re talking about in the third paragraph extremely severe flooding II Yeah MR LEFTON I think we need to stay to the MR NEVILLE Yeah MR LEFTON to what s germaine MS JACQUE The reason I m talking about this Im sorry there s an underground parking MR LEFTON This isa public right of way This project as with every other project as I understand will be required to maintain all its drainage on site MR NEVILLE That s right that s MR LEFTON This is a public drainage issue which Ithink is a huge one We all deal with it in the city of Miami Beach in front of my house in front of my office Page February going down Alton Road but I really think we need there are alot of topics that are truly germane to this application and we ve gotta stay focused on it And Im sorry I ve read it Iknow what the issue is it s a real one but I don t think it s one for this MS JACQUE The reason MR LEFTON I m sorry MS JACQUE The reason it s important to this project is because of the underground parking That is going to take all the drainage we have all that area of drainage and it ll be gone And already we are flooding like this And I m not saying Idon tknow I m not an engineer Idon t know what the effect is MR NEVILLE Well as Steve just pointed out the it s required that each property when it s developed keep itsrainwater on its site whether by underground well you know by underground drainage MS JACQUE Well has that been addressed here MR NEVILLE It will be I mean that s part of the permitting process Once this thing goes into the permit process it goes through public works as one of the review departments and that s one of the things they review They review that for every project MR LEFTON And for your benefit and the benefit of the public that s watching the public right of way has that same requirement The water that falls in the public right of way is required to go into a storm water drainage system and that can be either handled through deep well injection system for through French drain That has to happen within that facility That swhat s lacking and that s what s causing the problem there The specifics of it what exactly is the shortfall I don t know But that s how it needs to be addressed That water and your fear that that water is in some way permeating to that site off site of the public right of way and that that s where it s going Page February that s not the case Ithas to be handled in a drainage system provided by that road and that s what s deficient MS JACQUE Well it s hard MR LEFTON It s a valid point and the public should beaware of that that it needs to be addressed The drainage facilities need to be improved And hopefully our city is moving forward and they ve been doing a lot of drainage improvements MS JACQUE It s hard for me to trust that since the obviously there was not sufficient drainage put in when the one story mall was built without underground parking and this flooding problem has started happening since then So it s you know I would Iwould like this to be considered because it does need to be addressed It s an existing problem now which could only be could only get worse because of the massing and the need for all this parking Thank you MR NEVILLE Alright let s hear from your landscape architect briefly And just let us know how you oh Barry MR MILLER Surprise MR NEVILLE just let us know how you re going to be buffering this this building from the existing neighbors MR MILLER Thanks Greg Barry Miller Savino and Miller Design Studio Iconfess we had our own issues about this project when we first got it back way back in September with the foot setback That really left us noroom with a you know foot wall or foot wall whatever it was addressing the historic district But that was that plan and the plan you have before you I think still shows just a foot setback This is our second plan so this shows the evolution of the process of trying to address the neighbors I think it s afoot setback now so whatever we showed here MR CAREY That s what s being recommended by staff tothe board foot Page February MR MILLER foot setback The so my plan presentlybefore you shows a the there s really three wayswe can address that eastern buffer between the historic district and the east wall east fayade On the ground level with a dense planting of canopy trees or something like that or dense palms such as Arica palm fishtailpalm something like that There s also afayade issue of putting up plant vines that can grow up Ficus Repens our plan shows a plant called bridal bouquet which can grow up on all sides as shown on the building north east and south side As well as that s two facets of it on the ground level reaching up to or feet after that you have a podium I think is at feet or so the third floor There s a planter that would be on the east side that s going to be a fairly large foot wide planter where you could put in large well not large but coconut palms that could be unknown eye able to down I heard there was an issue about hurricanes blowing the trees off of the roof into the neighbor s yard But I think that could be addressed in the construction process as far as putting these things down So that s a third kind of layer ofbuffer we could add to it I think along with the increased setback it would go a long way to address some of the neighbors concerns MR LEFTON Barry can you do you think it s reasonable to add in between the I think you ve got green buttonwoods MR MILLER Yeah green buttonwoods there were about MR LEFTON Palms in between them just to get a staggering effect to take down the mass MR MILLER Yes Page February MR LEFTON of that rear elevation I think that would go a long way from the neighbors perspective not just the direct neighbors but as you move into the historic district MR MILLER Absolutely MR LEFTON to change that pattern MR MILLER Yeah now that we have the room the foot room there s even another layer we can put on there MR LEFTON Yeah MR MILLER Such as an Arica palm along the edge MR LEFTON Yeah I m thinking of something that s going to get a little more height The Aricas to take for the immediate neighbors but really at your discretion and working with staff and the neighbors whether you know it s I want you to use your design you know judgment whether it s coconuts or Washies something that s going to get some height MR MILLER Right MR LEFTON Ithinkwould be would be really beneficial We ve gotthe roots MR MILLER With your with your approval we think I think the green buttonwoods now are about feet on center That in itself would form a very very dense buffer the first feet MR LEFTON Agreed MR MILLER after you allow them grow and if we move those back towards the wall the only reason why they have pretty expensive trellis system along that east wall where we re growing these vines So we wanted to let that show a little bit But Page February that s dropped and I think the other other thing could could work well in buffering that wall MR LEFTON Thank you MR NEVILLE Thank you Barry Is there someone else I think there were afew more people who wanted to speak MR BROCK Hi Kelly Brock Iown and Lenox which is directly behind this property I wanted to address a couple of things One in the first meeting that we came to you guys sort of said to us you know do you want this project is this a good project You know what do you guys think You know please meet with the architect and the attorney And we sort of walked away and said yeah OK let s do that We do want something like this in the area I think that that s not of issue What s of issue is the size of the building and we are just afraid that as soon as you come off th Street all you re going to see onthe right hand side of Alton Road is story buildings And I think that there is aPublix or something going in on th Street or whatever Anyway that s not the point The point is that we want to try and work with the architect and the attorney I am the absolute most impacted by this building The attorney has never contacted me I gave her my business card the very first time we ever came here She s never called me She apologized in the last meeting and said that she would call me never heard from her So she s not making you know everyone always has two sides to every story I would like to say that Iwould like to have heard from her Ihave not I have emailed I own a business you know and I reside in the house That s the first issue The second issue is now I see that they have made some changes from the meeting that we did have but you could have given it to us before we got here so we wouldn t be so you know steamrolled To say Oh look you guys actually did do Page February something but we did meet before and you didn t do anything So that s sort of something Iwanted to bring to the forefront But you guys are the design review board Iwant you to look at the project and say this is what you think Is it nice Is it not nice Does it meet with you know the elevation You guys said in the very first meeting we ve been here for a long time you know since you said in the first one what does it look like from the street Well we re showing you what it looks like from the street from Lenox And it s this huge monster wall I mean I don t know if that s what you guys want people driving down Lenox for it to look like That s what you guys are here for I think personally MR NEVILLE Yeah I meant to talk about that but I didn t want to put anybody lIon the spot That drawing obviously is misleading MR BROCK Which drawing MR NEVILLE The drawing that shows it hovering over the little houses because that s an elevation drawing MR BROCK Right MR NEVILLE And real life which brings us perspective MR BROCK I would love to see like the other architects came in with actual models Iwould love to see what that looks like Or you requested aerial views onother projects MR NEVILLE He has a street a street rendering right there but let s not I mean MR BROCK But the point I was trying to make MR NEVILLE If Iwas on your side I would draw the exact same drawing MR BROCK Exactly Page February MR NEVILLE You to a dark so it looks like Darth Vader looking over abunch oflittle MR BROCK And there s two sides to every story so I agree but I don t think that this project should be the first six story building on Alton Road you know not compatible is what I think Maybe one story shorter you know Something like that if they came in with that kind of concession In the last meeting they said it doesn t really matter what we do because we ve already submitted the plans so we re going to build it no matter what That s not the right attitude MR NEVILLE Well it has to go through the process first MR BROCK Right MR NEVILLE OK thank you very much MS COTTER Hi Allison Cotter Lenox One of the things I just wanted to address is you know we have a wonderful great area We all come here because it s different and it s special And I think we ve got to make sure that we preserve that from all angles I think it s great that Alton Road is finally getting developed on the southern end It s great to have Taste it s great to have Oliver s I want more it s the best thing for our neighborhood But it has to be done in aresponsible manner And quite frankly when you are in the Deco District and Iknowthe other women goes out on the weekends and Im sure you guys go to please come and walk on Lenox Stand on theeast side of Lenox and look where this project isgoing to be How does itimpact our area And you will see something that we see We just see this massive block You know there s so many ways you can go with this project let s do it so all of us are happy And I d like to see something that isn t so intrusive in the backyard You know people have been talking move it out towards Alton and make it Page February staircase even Something that we are not just hit with it because that s what we re going to see MR NEVILLE Idon t think you are hit with that I mean they have a two story building that s feet from the property line And then from feet from the property line the so called tower which is an additional what three stories for four stories Three stories takes place You re not hit with that You are hit with astepping back of the building I don t know where the misconception is that there s a and it never was a flatstory or four story building whatever it was MS COTTER And I know that it s not a flat one MR NEVILLE It was closer to you MS COTTER But it was just still it s the massive size And Iknow everybody keeps repeating massive massive MR NEVILLEIf it was a two story building it would be the same thing That you still have a two story building feet away from you it s the same thing There would be no difference if it was a two story building you d still have a two story and they ve actually reduced the floor to floor height so the two story that s within feet well that s at feet is at feet above ground which is really like stories because a two story is usually you know more than feet So Idon t see this building as being you know like being broadsided or like that elevation that was shown hovering over the backyards because they ve pushed it back and they ve stepped it back Idon t know ifthere s any drawings here that you can show her MS LUCE That s what I was going to bring up is just to be really tedious and on my one note theme for the day had there been renderings from behind we wouldn t be debating this Well yes but without your building in unfortunately or with your building in it So Page February MR NEVILLE Here s your building unintelligible word REFERS TO IMAGEMS LUCE I m just saying that it s probably not your favorite perspective to show the controversial side of a building but MR NEVILLE No to be fair not too many architects will do a perspective from the MS LUCE the controversial side of the building MR KARP And just to be showing you what we did is we have a photo montage of the two buildings that neighbors live in and actually there is the building inthe back what is it called all the way in the back the Mirador The Mirador is actually shown here And what we did is we ghosted in our building where it would be like when it s setback And what we also did is because we did have I think how many options Three MR NEVILLE Actually show show her this section This is the most descriptive section REFERS TO IMAGE MR KARP Yes please This is looking from the street and that s the Mirador shown in the background and we ghosted in our building where it would be And then what we did here MR NEVILLE This is asection MR KARP This isa section showing where we took the view from Lenox and this is the existing building that s the private yard in the back and what we did is we showed the rear in the red increased to feet And obviously the side setbacks also increased But what we did based on the discussion last time we have the foot landscaped area then we have the planter then we took the balconies off and before we were at feet setback and now where at feet in total And then because you didn t Page February want anybody looking into the backyard so we drew these angles to show you that nobody really is going to be able to look in the back yard unless they really you know cut the trees down And also as he mentioned is just so we re clear before what we had is we had a foot high space and we had a foot high parking so we were at And what we did is we took itinto and so yes we have an foot two story space in the front but it s really made of a foot high parking that takes up most of the space in the back and another foot on the back So that s how we also got the additional feet to drop offthe overall building cause not only did we set it back on the onthe on the base and on the other three stories but we also reduced our overall height MS COTTER UNINTELLIGIBLE MR KARP Yes it isand that s why we left MS COTTER UNINTELLIGIBLE COMMENT MR NEVILLE Give her the microphone please Koby MR KARP Oh I m sorry MS COTTER When I stand on this side ofLenox and look in that direction this is big I mean it s not Mirador big but it s big And to me it s actually shocking And I think we have something incredibly special to preserve in our little area and people come from throughout the world just to be here If you travel outside this area and you come back home you just sit there and say Thank God Barbera Capitman fought so hard to save this Because we d have a lot of that And it is really important this is the turning point This is it This is the point that we can make a huge difference and Ithink it s very important not to just leap to stuff Let s really consider this because this will be here and here and here and it will go all the way down And that it would be tragic Page February MR NEVILLE OK thank you Anybody else want to come up and talk MS BRIGHAM Erika Brigham I m speaking for Miami Design Preservation League as a board member and a member of the advocacy committee First I have a question about the subterranean parking garages Does anyone have any of them then actuallybuilt and functioning The ones that are completely below grade MR CAREY Yes the new Indian Creek project has a completely subterranean parking garage MS BRIGHAM They seem to be coming upall the time I m just wondering what the history so far has been with the way that they work and how they MR CAREY Indian Creek Drive is is is one that s been built and MS BRIGHAM And it s gone through some rain I suppose MR CAREY a project of the Gilbert Fein district that s one is going through the permitting stage right now and Koby you can t say where that one is in the process as the architect ofthe project MR KARP Hopefully that will have a building permit in the next few weeks MR CAREY OK the Caribbean Hotel project has a totally underground parking garage on Collins A venue They re been at least three or fourothers reviewed and approved by either the Design Review Board or the Historic Preservation Board in the last year MS BRIGHAM So there there s been many approved but so far there s only one operational Then is that right Do I understand that MR CAREY I believe there is also one on South Beach I don t know where can t recall the address Indian Creek Drive is the one that s operational right now Page February MS BRIGHAM It might be something to add then to make sure there s abit of a swale that there s absolutely no berming up to this garage so that there won t be any drainage problem onto the property behind just as as one condition Miami Design Preservation League completely supports everything that Mark Needle has put forward We met extensively and discussed this at some length The historic district this is the first th century first historic district of th century buildings in the country and by that right it should be protected more than almost any other historic district We do feel that the bonus is quite a loophole that should ve been addressed a long time ago and we re sorry that it sstill there This particular block is avery special area where there are three blocks between th and th that have no alley In the alley is normally feet wide plus there would be a foot setback which would mean normally there would be a foot setback between the back of a property line on Lenox Avenue and a buildable area on the east side of Alton Road So we would advocate for at least a foot setback and also to have setbacks within the three story building As you can see from that rendering it s a very very stark fayade facing the people on Lenox Avenue and facing the historic district And it should be broken up It should be stepped up it should be broken up in some other way And also I don t see the reason for the floor to ceiling windows just as a strep right across without any any differentiation at all It is just an extremely boring fayade and also it s an imposition on the people behind them to have these windows staring down atthem So at least stepping it up and Isupport Mark on the volume of the restaurant you know take some ofthat away and use it to step up Page February And that s basically it I believe the building this architectural district has buildings and do you know how many there are that are nonconforming Of the buildings there are really very few that are nonconforming You know they ve picked afew of the non conforming buildings but this you know this is a very precious commodity that we have and it should be protected You don thave to allow everybody to build out to their FAR You know they may be allowed to have FAR of point of but you don t have to grant them that if it iscompletely incompatible which is one of the most important things for the DRB to look at I think to protect the asset that we have MR CAREY You know Erika Iwish that you know several years ago when the planning staff had requested the Historic Preservation Board to direct it to expand the either the Ocean Beach Historic District northward along Alton Road along the east side of Alton Road upto I think th Street for alternatively to expand the Flamingo Park Historic District westward to Alton Road that the Miami Design Preservation League had been there to support that recommt ndation but they were not The district was not expanded instead they elected to go ahead and try to designate PostOffice on th Street all by itself As aresult the Post Office was getting demolished MS BRIGHAM I m Im sorry about that William MR CAREY and we had no protection at all MS BRIGHAM Yeah MR CAREY If that historic district designation had gone forward and you wouldn t even have found to buildings that were on this site that have been demolished being demolished because they would absolutely have been contributing buildings And you re absolutely right it s a lovely stretch along Alton Road and I really lament you Page February know the fact that we don t have any historic protection over it but we are we have the zoning that we have MS BRIGHAM Perhaps it can be revisited as quickly as possible plus the down you know looking at the zoning One other thing about break stepping back isthe sun lines As the sun sets the further back it steps the more there will be able to be sun into the backyards of the people on Lenox Avenue MR NEVILLE I m not defending that rear elevation because I don t think it s that great either but you have to remember that it once had balconies and he was taken away because you guys didn t want the balconies And now you mentioned how the windows may be too big and you may want to reduce the size of the windows but I don tsee how that serves any purpose That sooner pretty soon you have a blank concrete wall and Idon t thinkthat sany better But anyway again I m not defending that All right we have a quorum You are granted voting rights Unknown She will take them MR NEVILLE Is there someone else who d like to speak MR RECHER My name s Charles Recher and I live on Lenox and I think that you know all of the people that live there and I think that you all if you were living where we are you would oppose this You know that And it is you know no one would want this And it might be able to get through or somehow because of you know XYZ maybe we didn t act this or that but we ve got this battle a lot oftimes and we see what happens when it s not fought correctly And I just see this as an opportunity to you know do unto others as you would have them do unto you You would not want this I know you wouldn t You know Page February So I m just saying you know if you could kind of if we could just have alittle bit more time maybe a little bit more interaction and try to address these issues that we you know as the people living there are very concerned about Thank you MR NEVILLE I think all of us on this board value the neighborhood Idon t think that s the issue And I don t think anybody up here is you know bent on destroying your neighborhood I don t know where that perception comes from And as I mentioned before from what I m hearing here it s a zoning issue that you guys are really opposed to Zoning allows a certain height and bulk of building and it sounds like that s what the battle is taking place Hold on Are you here to speak on this project MR SALAZAR Yes MR NEVILLE OK go ahead MR SALAZAR Hi my name is Claudio Salazar I work for Koby Karp but I m also a neighbor Ilive in the building Lenox which is a five story building Next to me there is a seven story building and there s a couple of other ones that are story story buildings So I am a neighbor who isconcerned about what happens to the neighborhood I believe this project is of a much lower scale than any of the buildings the existing buildings including mine which is a five story building that was built in Not only is a much lower scale building but also bring some life to that stretch which wasn tthere Isee some development happening in that little portion of Alton Road which has been happening for the past five years which I m excited about And I m excited about going out and walking around that area I think his project is complying and is actually listening to the needsof neighbors Page February And it s stepping back It doesn t have aboring fayade I think the glass kind of breaks that blank fayade s the blank the impression of a blank fayade And it steps Imean it steps to the point that is not in your face plus all the landscape that s going to be added between the neighbors and the building itself It s definitely going to be a I mean it s definitely a building that can address these issues neighbors issues and alot of other issues for the pedestrian I mean it s pedestrian friendly the scale as well as the program of it It s going to be probably avery nice restaurant underneath Ireally I m really happy about theproject and I m real excited about this I also collected about signatures of neighbors that live in my building and neighbors that live in buildings adjacent to my building so Ihave all the signatures over here and all of them are excited about the project They reviewed the plans and they re just excited as I am MR HELD Mr Chair MR NEVILLE Yes MR HELD If I could comment for a minute MR NEVILLE Yes MR HELD If the gentleman s done So just to be clear and we had this discussion with the HP Board over the last year as well with a project coming before them this board does have certain discretion with respect to issues that arise out of the compatibility of projects that are proposed with the existing built environment And there are at least three design criteria in the code that address that specifically the sensitivity to and relationship to and compatibility with surrounding structures So it s not entirely a question of height and FAR that s been zoned this board does have some discretion to look at those issues And it s it s your job when an application ispresented to satisfy your self that those criteria are satisfied And it may be that in this Page February case based upon this section that s been presented that you are satisfied that it s been addressed and the issues that are being raised are really other issues that need to be addressed either by the Planning Board or to the Commission in the ordinance as awhole So Ijust wanted to clarify that that you re not bound by height and FAR as set in the code those are let s say those are aspirations if a project is compatible and sensitive MR NEVILLE No I certainly realize that The point I was trying to make is is that the opposition to a project if it s about size and bulk and not design although I know he s made some points about it being compatible whether it is or isn t but if it boils down to you know just how large it is and how close to the property line is and that sort of thing then you know then you know I believe that s not such a valid argument as of course whether it s compatible or not No I m fully aware of what you re saying and I appreciate you pointing it out as well All right so we are MR NEEDLE Just a point please MR NEVILLE OK MR NEEDLE Because again Ithink you re not hearing some of the things that we re saying about the design And if you look at my e mail from January th which was an appeal to meet and discuss the design they keep talking about a two step you know that you ve got this thing that s been setback OK it should be setback feet perhaps it has been setback but it s the second step which is a single step and it s the full three stories When they had the opportunity to put some ofthe mass back where they got savings from parking they have the opportunity to do a delicate dance in relationship to the district where they ve done atwo step It s just it s just a first iteration of something Page February And you re also Ithink not yet absorbing some of the other issues that we ve raised such as the rooftop elements which are a very major issue to us It s like there s so much wrong with his project that I think the first thing that you that one grabs onto isOh the balconies it was all about privacy It s not all about privacy It s not all about the zoning being wrong for this which it is but it s also about a design where they don t want to talk about It s like they used to say when in South Pointe Thomas Kramer s people would say to us Don t touch the tower Well that s what they told us Don ttouch the tower we are going to keep the exact same massing and block that we had here and we ll shift it a little bit and that s all we re going to do for you That tower is imposing and if you take that top story and you step it you have that removed altogether or stepped down It s not about just the feet it s about the fact that you ve got a traditional suburban kind of a structure that s juxtaposed against these one story buildings and its four times as high as my historic building and the next one Henry Hohauser s original residence as was pointed out These are design issues and if you approve this without addressing the design issues and some of these other things and just say well we took out balconies it s not about that its about a project that isfundamentally wrong in so many major respects And so you really are mischaracterizing what I ve said when you refer to the zoning Granted that s a grounds for appeal right there but butit snot just about that it s about the fact that they have not wanted to negotiate with us about how its massed MR CAREY Koby have you calculated with the minimum required rear tower setback would beMR KARP Yeah I think it s on the zoning index MR MOONEY feet MR KARP I think itshows it to befeet Page February MR CAREY And what have you provided MR KARP and I m not gonna reply to Mr Needle because I think it just goes down a direction which is not where I wanna go It we had the same comments about the restaurant and the height that s where we lowered it And the misinterpretation about the stepping what we did is we listened and we took it back we provided four different options we pushed it back to the maximum and then we brought it down We eliminated the balconies The stepping terraces can potentially create more terraces and more balconies and more of the things that we not necessarily would want from other people who spoke to us not necessarily this gentlemen by himself We have taken each and every comment that you ve given us seriously We have carte blanche from the developer to meet all of your requirements both staff both the board and the neighbors And Iyouknow the basement parking and the drainage we have to provide the drainage on site These are things which are above and beyond what normal items are I just feel that we need to make it very clear that we have taken each and every comment that you ve given us as a board and as staff and addressed it as late as bringing you right here the latest comments that you ve given us as staff Thank you MR NEVILLE OK Let s close it up to thefloor and bring it up here to the board And I m sorry Oh did you want to speak MR ZAID Barry Zaid I live at Meridian MR NEVILLE Talk inthemike please MR ZAID I msorry My name is Barry Zaid I live at Meridian I ve lived here for years The problem with this building is that it doesn trelate to what s around it and we keep shifting this and shifting that and talking about measurements but the fact is that it s incompatible with its neighbors The materials are wrong they don t relate in any way to the buildings around them The scale is wrong we ve talked about that Page February plenty The profile of the building isblocky and Erica mentioned perhaps breaking the building up so that it doesn t look like such a big mass of boring repeated elements But surely Koby if you were to stand in these people s back yard and imagine can t you do anything more interesting Can t you make ita celebration rather than something MR NEVILLE Sirwe re not going to have an attack on the architect and we re not going to have a debate between the public and the architect MR ZAID OK I apologize for that but I m sure these people can work out something thatworks better for the city for the neighbors and even for the people in the project And I get the feeling that everybody is so stuck in their tracks that they were talking about little measurements rather than a whole aesthetic thing And really somehow the building needs torelate better to its neighbors And I think that s the essence of the discomfort that everybody is feeling You can t help and look at that building without feeling that the neighborhood is being impinged on OK and that is somebody who lives in the neighborhood I m not going to be directly affected by this building but I just feel this chewing away at our beautiful beautiful Art Deco district It s piece by piece it s like a quilt that s being moth eaten And I know that we can build beautiful and wonderful buildings and it just needs a little more effort and a little more insight and alittle more seeing this building from the outside in rather than as aplanning solution that meets all the laws A little more aesthetic interest Thank you MR NEVILLE Thank you MR KARP If can just say one thing MR NEVILLE OK Page February MR KARP Because I think it s important That s why we took attention to make this Board and provide with context and materials of buildings which are in the neighborhood not only the immediate neighborhood which are on th and th but also further away And that s why we also made it part of the record here to show you what the context is And that s why I think it s important for you to realize that s why we brought this board we brought this rendering and we brought this section Because a lot of thought went into it We did walk the neighborhood and that s what we came up with And even as a fluke one of our own employees lives inthat community Thank you MR NEVILLE All right let s close it upto the floor and bring it up to the Board Would anybody like to start their comments please Janet you would MS GRANT HYMAN OK you ve got apool on the roof And quote unquote let s see you need a schematic of a restroom dressing room unless all the units are within foot radius of the pool and the building is not more than stories high Accessible parking states that you show according to the guidelines you would need Again I have no symbols ofclearances and I have no idea whether in these units there are clearances This is rote you know I don t know Kobe you still don t seem to get it And especially number and are not satisfied Only issues of the criteria that they need to meet have been satisfied MR KARP No more have been satisfied since we have provided the additional setbacks MS GRANT HYMAN No not according to what I see MR KARP for the project Right and what we did istook the Staff comments and provided the additional setback both on the rear Now furthermore to the best of our Page February knowledge we don t need to have as you mentioned the stories and the feet but I ll double check it And all of our units do meet the MS GRANT HYMAN I can quote you the it s OK MR KARP Yeah yeah Jennifer mentioned thesame thing and we ll double check it But and I think that we have handicapped right now MS GRANT HYMAN That s correct MR KARP And we llprovide another one as required And we also have the bicycle spaces in our garage MS GRANT HYMAN And then of course clearances in front of MR KARP Yes MS GRANT HYMAN sinks and washrooms MR KARP Yeah And again you re right Usually Janet I have it on there dashed in but because we didn t have the layer on it Ill make personally sure and Jennifer s here that we will have it for you on of our projects MS GRANT HYMAN Thank you MR KARP As we normally do MS GRANT HYMAN Thank you MR NEVILLE Thank you Janet Steve or Clothilde I think Alex is being preoccupied by a phone interchange here MR LEFTON I ve like everybody been here a long time today but I m trying to formulate my thoughts and I m probably not going to be as they re probably not going to as cogent as they were earlier in the day However I one of the challenges I think that this site faces in the struggle that has ensued because of it is the fact that itrepresents a transition zone it s an edge The neighbors that are here are concerned and I think rightly so because they are onthe Page February edge And they are faced with the reality that while they are in a district they are on the edge of a district And if there are property lines something else happens And this is something else And I think we have to deal with it as best as we can as a Design Review Board and try to respect the concerns of the adj acent but different district And Ithink we re going to see this again and again in the City I do want to see this project move forward I do want to see it move forward with all ofthe Staff comments including the foot setback including the on the north and the south with the increased landscape that we talked about on the east side I think that s extremely important And I m conflicted alittle bit here but Irecognize that this developer has development rights and I think that they ve actually done a good job on a very challenging site Any time you re dealing with this notion of a transition it s difficult It s difficult and I think as a lot of people have been saying not everybody s going to be completely happy As I look at this feet this small change in the feet is going to completely turnthe parking scheme upside down Idon t how they re going to fix it but I m sure they re going to fix it It seems like a little bit but it s going to be a big deal for them as best I can tell So I think they re not totally happy but are willing to move forward and make it work for the neighbors So Iam supportive of it Iwould also be supportive of moving forward to amend the Code and close whatever this loophole may be in the appropriate fashion But whatever it may be this exists today I think that this project has moved forward with good faith in the envelope that they ve been given And so Im going to be in favor of this project with those with those conditions MR NEVILLE Thanks Steve Clothilde Page February MS LUCE Yes I ll try to do this quickly too because I think we have been sort of over some of the same ideas a number of times on this First of all I just I m sorry to be so get so laborious with this thing today but this is context partially but I m hoping that we ll all educate ourselves to know from the Applicant s point of view and from the Board s point of view that actually context is always going to be a perspective of the building in the neighborhood from the street And Ithink that we don t have that entirely presented to us in this project And so and I did have a question about the rendering and I was just curious what this refers to this particular massing that you show in these in these perspectives here that show the building on Alton There s some sort of greenish boxes you may see on Alton MR KARP Yeah those are ghosted buildings which if you look at the board and also in your package are buildings which are behind on Lenox They are on the east side of Lenox specifically on th and Lenox MEETING TAPE STARTS TO PLAY IN BACKGROUND MS LUCE do yes I was trying to find those So that is that is the MR KARP So it just shows MS LUCE That is are the neighbors is that what the neighbors recognize also as being the case That you have a seen from Alton you have a the vision of the view of these other high rise these towers in the background Isit something that is a bit creative or is that as it isas far as MR KARP There is an aerial MR NEEDLE That looks highly creative It looks it looks deceptive and all of this is referenced to the illegal non conforming buildings anyway MS LUCE No because I didn t want toopenit up I just want to know specifically Page February TAPE CONTINUES TO RUN IN BACKGROUND MR NEVILLE Hold on MS LUCE Ifthat is a if that is something that you used from aphotograph MR LEFTON Excuse me MR NEVILLE Hold on please please Let s have some order please TAPE STOPS Could you please back away from the podium MS LUCE So I guess my question really is for the architect how he arrived at those images on this rendering and if they in fact are if one were to take a photograph from this vantage point is that what one would see I mean is Im not really I m not trying to be provocative it s just not clear that that s what one sees REFERS TO DRAWING Well here Ive never seen it even remotely like that from MR KARP That s OK these are panoramic views on the bottom from the top of the th Street and West Avenue garage it s an existing garage we went on the roof And what we did iswe took pictures That s the existing shopping center And this is the it s not the Whole Foods what is it called on the corner The UNKNOWN Wild Oats MR KARP Wild Oats thank you Right here Right here isWild Oats our site IS right here so it s contiguous photo montages showing that So it is an artist s rendering but in context it does show buildings in the back which are story on loth and Lenox and story the Admiral Tower in the back and closer up you have a building such as on th and UNKNOWN Unintelligible MR NEVILLE Let s not have any more interruptions please Page February I MS LUCE Well I guess I m just guess my question isand we could all go there tomorrow and stand right here and look east and I m just asking you before we all do that make that little trek tomorrow if in fact this is somewhat of a creative mise enscene or if in fact one sees those mas sings from that vantage point today MR KARP You can see them but again it s not from the street And that s why when you go to the street level what we did is we gave you another photo montage which is on Page A What we did there iswe went across the street if you will and took apicture of the whole block from th to th And you can see that there are some tower structures in the background but from our vista Ithink this is themost this isthe vista would show the least amount of mid rises in the back And that s why we took this picture which is a context elevation on page A MS LUCE Yeah I m seeing that I m just saying that it is a little bit in other words if you were if we were being asked to look at once againcompatibility having a photo montage from this perspective that does not in fact reflect that perspective is not entirely helpful for determining the compatibility MR KARP Yes that is correct and that s why we didn t take it as aphoto montage So you are right it is arendering and that s why we took a step further and provided the real panoramics from the top of th Street and also the whole block MS LUCE OK MR KARP So you are right it isa rendering it is not a photo montage like the back elevation is MS LUCE So Im just saying it puts your building in a different light having it against a background of other fairly large buildings that might not in fact be perceived from this vantage point That s why Ijust keep coming back with I don t know Ithink Page February it would be really good to finally arrive at some sort of standards for renderings and what is expected in terms of packages The other question I wonder if people on this Board think that there is any point in examining some a little bit more of rearranging of the massing involving reducing the size of the double story restaurant to alleviate what is the impact onthe neighbors in the back Is there anything to be gained from that MR KARP Just so we re clear it s not a double story restaurant We have a basement parking and then we have a commercial fayade facing Alton Road which is feet high only for the front Itconsists of in the back of feet high commercial at the ground level and on the upper level is a parking garage So what we did is we have feet and feet keeping it as low as we can to keep the first pedestal if you will as low as we can We have feet and feet And so it s not story restaurant We wanted to give the appearance to Alton Road of glass not hiding our parkingSo what we did is we held the parking back in giving the story volume to Alton Road Does that make sense MS LUCE Oh it s really more an appearance than an actual two story restaurant MR KARP Absolutely And the difference is that in the last meeting the commercial was and now it s nine That s how we got the feet And in my next hearings you will have a photo montage in all directions MS LUCE Thank you And Im wondering if you know something that is very often that this Board seems to be very conscious of when we look at a lot of projects in North Beach is we do look at whatis considered the B side of a building And in this case it s very important because you do have a an impact on the neighbors so I m wondering if there is some more articulation You know thank you for removing Page February the balconies I gather that they re pleased with that but perhaps there is a little more detail that you could work out with staff to make the east facing side perhaps less austere MR KARP We would like you to make that condition upon us because we would like to sit with staff and study that elevation We do not want it to be blank or barren we want it to be as interesting as possible Without the balconies or however it is that we llend upwith his project MS LUCE Thank you MR KARP Thank you MR NEVILLE Thanks Clotilde Alex MR DAVID First of all to staff is the future land use designation from th to th CD ordoes it vary It s all one land use designation MR MOONEY From th No there s variation There s some CD there s RO well no to th I believe is all CD MR DAVID OK So it s one strip ofCD MR MOONEY Yeah I don t have my zoning map in front of me but I believe that s the case MR DAVID OK that s what I was getting at Land use and zoning it s basically consistent onone strip MR MOONEY Mm hm MR DAVID OK thank you MR NEVILLE Gabriela would you like to add anything MR DAVID Wait Ihave another MR NEVILLE I m sorry I thought you meant thank you that s it MR DAVID No I was getting my thoughts Iwas trying to think of the next is there a new building afour or five story residential building at is it th and Lenox Page February MR KARP Yes there is That s correct on the corner MR DAVID So it s a brand it s not occupied yet or is itMR KARP Not yet MR DAVID So it s close but is basically the same height of I m sorry MR NEEDLE AUDIENCE feet MR DAVID It s five stories or four MR NEEDLE AUDIENCE MR DAVID Four UNKNOWN No MR NEEDLE AUDIENCE Four there s a foot height limit MR DAVID OK but it s a new building that s what I m getting at Also Koby MR KARP Yes sir MR DAVID The rear fayade is actually not as wide as the front fayade It seems like there are two wings pretty far back you know towards the unknown MR KARP What page are you on Alex MR DAVID The one that says fourth and fifth floors I believe Oh I m sorry level MR KARP A MR DAVID Yeah MR KARP Yes MR DAVID Point three and four I just wanted to bring the fact out that the full rear fayade is not as wide as the front There is some other articulation MR KARP Yes what we did Alex and that is true and I haven t Iforgot to bring it up is that besides stepping the tower back we also tried to bring forth the least amount of mass as we can So what you ll see as we step further to the east the building Page February grows in width because we wanted to keep the narrow as you know it s like this side versus this side so we tried to keep the narrow part to the and then widen it up a little bit as we go back And that s what you see in the recesses of the elevations MR DAVID Ijust wanted to add I agree with Steve I think that is much buffering back there is you can possibly get would be great and staggered as he said It has to be dense And then I guess Clotilde you had something that I concurred with oh the rear fayade Ireally think that that needs a lot of work MR KARP I agree MR DAVID Thank you MR NEVILLE Thanks Alex Gabriela MS REDFERN Mr Karp I m a big fan of yours and what you ve been doing in North Beach and this building doesn t feel like a Koby Karp building for some reason to me and Idon t know why And maybe if it did Idfeel better about the impact that it has on the neighborhood But right now it s it iswhat everybody said it s sort of atale of two buildings where we have and it s a challenge for you really because you have the Alton Road side and then you havethe Flamingo historic neighborhood side And Ithink that you need to pay a little more attention to each side and what each side means to the people who use it And it s going to be two separate sets of people who interact with each side of the street The Alton Road hopefully more pedestrians will use it When we drive by there and we went there this weekend I mean it s that section of Alton Road certainly could use a more activation and I think that amixed use project is is an asset to it But from the backside it s it sa horror show to those neighbors and as somebody who lives right under the monolith that is the Fountainebleu II and whatever they do when they re going to take down the spite wall that I m going to have to look at for the Page February rest of my life I know what it is to live in the shadow of an oppressive building And even though your building doesn t rise to the level of these story monster buildings that are going up on Collins Ave when you think about it in scale to the little tiny bungalow and the little one story Henry Hohauser building in its backyard it is sort of daunting to them And the example I think of where it might work to the opposite isthat building on Collins Avenue almost to the property line of the beach where on the Collins Avenue side it s stepped back very nicely but when you look at it from Harding it s just this massive wall Maybe if you could take that and turn it around and put more of the mass to the Alton Road side and make the mass so it s not such an imposing structure to the neighborhood MR KARP I understand your comments and by the way thank you for the comments What we have been working with staff on and we ve still I think could work on the rear elevation meaning the east elevation facing the neighbors and I think the same comment came from other folks here to make it more something that we have done in the past and Ithink we feel comfortable in doing so and want to do so We pushed the building as far to Alton Road as we could really And if you look even at the original design which were here a couple of months ago we had a veranda and we eliminated the veranda and we pushed the storefront closer to Alton Road And the reason for that is to really move the whole the whole building towards Alton Road away from the historical district Which you know to the north has an alley but we do not have an alley and that s why we also provided the buffering in the landscaping We went as far as saying to the botanist neighbor that we would work with them on their landscaping in their backyards because they have they have they re structures are set quite easterly and they have alarge backyard You can see that in the aerials Page February But I do appreciate your comment I think that if you allow me the the the conditionto work on it with staff Iwould really like to Thank you MS REDFERN Ithink that you know we need more mixed use so that residents get more used to having more active activities within their midst Imean that s where a lot of the conflict in this city comes from is that that jarring niche between the liveliness ofMiami Beach and then people who want to live here and go to sleep atnine o clock at night And so Iam an urbanist and Ireally agree with that but then we have the sensitivity of Flamingo Park So it s it s a beautiful project that needs just a little more work so thank you for bringing it to us MR KARP Thanks MR NEVILLE I agree with you Ithink it could be a lot better with some tweaking particularly in the back elevation However I think it s come a long way since the first the first presentation a few months ago The neighborhood behind you is definitely a neighborhoodthat should be treasured but I don t think that this is going to cause the downfall of the neighborhood in any way Ithink that s a little bit overstated And I don t blame anybody for coming forward in fact I m glad that they did because if they didn t we would ve approved probably the one last time which would have really been a disaster in hindsight However by pushing the tower back feet and the pedestal back feet and as Alex pointed out the width of the tower is far less than the pedestal and removing the balconies and reducing the height of the building Ithink you ve done a lot to accommodate any concerns or alleviate any concerns I think you can keep going on that but Im satisfied that you can do that with staff and that isthat rear elevation of that perspective you were showing Ireally think is it really needs a lot of work and I pointed that out earlier If the neighbors don tPage February want balconies I agree with that they shouldn t have people sitting out there in lawn chairs looking over their backyards So Iwouldn t I wouldn tuse balconies as any sort ofdevice design device on how to break up or sort of de solidify that fayade Someone mentioned something about stepping back a little bit more Ithink it was Mark Ithink that s a really good idea and I think that could be accomplished on the fourth on the fifth floor Ithink it s just a matter of reducing the you know a couple ofthe master bedrooms a little bit or yeah you can spread acouple of feet Youknow you ve got like eight rooms that you could take a few feet or a few inches out of each and not really mess up the floor plan too much and still get a step back that I think would mean a lot as far as varying that rear elevation Again I m comfortable that you can deal with that its staff All in all Ithink it is an attractive project And I sympathize with the neighbors and I do hope that the zoning got changed but I also agree with Gabriella that I think Alton Road could really use projects like this mixed use projects where there s a restaurant or shops or something on the ground floor and people living above I think that s what makes the city vibrant what makes a city work you know buildings like that And I think from Alton Road which is something we haven tdiscussed at all inthis meeting is a really nice elevation that s going to contribute to youknow to Alton Road quite a bit And it s going to wake up that part of Alton Road a little bit I think with other construction that s going on a little bit further south of you it s going to all come together and be you know a nice pedestrian place that the people in the neighborhood are going to benefit from themselves So I m in favor of it I think to move forward with those modifications on the rear fayade to help de solidify or break it down a little bit I think it s going to be a good project and I think once it s built everyone will be happy with it Page February So there s how many are there here Five of us MR NEEDLE Koby Karp said one thing that I really think is misleading and I just want to point it out to you as a point of clarification If you look at the plans the second story of the restaurant are a sq ft area Now the feet is meaningless in relation to taking sq ft off of the fifth floor and putting it down back where it was and giving them the restaurant they had before That answer that it s not really atwo story restaurant is Idon t think is a genuine answer Because if you look at the plans it s very clear its two story for sq ft of the front mass MR NEVILLE It s adouble height space yeah MR NEEDLE It could be habitable apartments in that on the second floor above the restaurant You know forget the little feet thing that s a that s a gesture but it s the fifth floor that s the issue MR NEVILLE Let s face it or whatever square feet that restaurant is with a foot ceiling is not going to be very appealing I mean MR NEEDLE Im saying take itback to the normal second floor for that portion that s the habitable space because the point is square feetis displaced to the fifth floor You could do more than a little tweaking at the top ofthis thing if you took Ms Luce s suggestion and did that So I just don t think that s a genuine answer Ireally look I wish you would look carefully at that reality MR NEVILLE OK MR CAREY Greg can you repeat what your suggestion was Were you proposing to set back thefifthfloor feet MR NEVILLE Yeah a few feet I think setback would make a huge difference MR CAREY Fifth floor only Page February MR NEVILLE I mean because you know that rendering he was showing it really was a three story sort of blank fayade with windows stuck in there MR MOONEY Koby can you do that MR KARP I don t know I need to study that While he was talking Iwas sketching I think it has we have to look at how itis that we treat Alton because what we wanted to do on Alton was to have the deep recess in the middle If you let me work with staff I would sure appreciate it and if I can do it Iwould really like to do itI don t have a problem doing it MR NEVILLE Mm hm OK MR MOONEY Greg do you want to say something along the lines of This may include the stepping back of the fifth floor of the east side of the building MR NEVILLE Yeah sure yeah OK I mean you know I really think that s I think it s I m hesitating to say mandatory Iwould strongly encourage it And I think that s areal positive step youknowbecause it takes a three story what would that be something MR KARP Hopefully when you walk by you will see it but I don t want to guarantee it Ithink Ican do it but Ican tguarantee it right now and if I can do it Gregory I will MR CAREY Ifyou really want it you should probably require it You should probably make acondition MR LEFTON I d just like Greg I would like to play MR NEVILLE How do the rest MR LEFTON I djust like to play devil s advocate on that Ithink it makes sense but seeing that were asking this applicant not to have balconies out there I think Page February there s a ripple effect that we have to understand what does itdo So now we are set back what s there Is it a planter how does it work MR NEVILLE That s why I don t want it to be feet or feet like I mentioned two feet is actuallywhat I said MR LEFTON I m just concerned that that becomes just a bird stoop if its not you know I like it is well but I m I havesomehesitancy in terms of directing it without understanding the full repercussions But Iwould certainly support saying We strongly encourage it But to make it mandatory Im concerned that there might be some repercussions that haven tbeenfully thought out yet because of time MR NEVILLE OK strongly encourage is fine MR LEFTON OK and I would fully support that MR NEVILLE think that staff and the architect they re both listening to this conversation I think they understand and will try very hard to accommodate that MR CAREY But you re saying a minimum of feet then MR NEVILLE Yeah I thought of that in my own mind that I didn t want tobecome a balcony and once you start pushing it back of course the temptation is There you go you can make a balcony MR CAREY Make itusable space outdoor space if you re going to do it MR NEVILLE Right So ifit s feet it is not that usable and I think it s one of the ways to get around it MS REDFERN You could do French balconies right Those faux balconies that sort of the doors open on the inside MR NEVILLE Well Idon twant to direct them to do that MS REDFERN No but MR NEVILLE It s something that He ll think of something Page February MS REDFERN He s very creative Maybe not at this hour MR KARP We ll figure it out MR MOONEY Mr Chairman I wrote down some notes that Ithink summarize the comments if somebody wants to make amotion MR NEVILLE That s good MR LEFTON I ll move to approve MR MOONEY OK the comments Ihave are as follows OK a new condition number B that states that tall palm trees shall beadded in between the green buttonwoods in a manner to be approved by staff And then on condition number I m going to add the following The east elevation of the residential portion of the project shall be further study refined and articulated in a manner to be approved by staff This may include the stepping back of the east side of the fifth floor And then I m going to add another condition that states the following a detailed plan of the proposed garage ventilation system shall be made part ofthe building permit plans and shall be subject to the review and approval of staff All bending of the garage shall be through the roof or the western extremities of the north and south elevations MR LEFTON Can you add the language that we just talked about strongly encourage Ithink every the strongly encourage to the setback of the fifth MR MOONEY OK MR LEFTON floor MR NEVILLE That s how I feel MR HELD Well I think staff has a sense of the board He already has a condition there about looking at MRMOONEY OK I ve got that Page February MR LEFTON Well it s Greg s last meeting and he feels strongly about it Iwanted to make sure it was there MR NEVILLE Thank you Steve Alright there was a second MR DAVID Ill second it MR NEVILLE Alright all in favor say II aye ALL Aye MR NEVILLE Anybody opposed Nobody opposed MR KARP Thank you MR NEVILLE Thank you Congratulations Page