>> IS IT TIME? IT'S 7:00 O'CLOCK. [00:00:02] WE CAN CALL THIS PLANNING ZONING COMMISSION MEETING FOR [CALL TO ORDER] THE TOWN OF JUPITER TO ORDER ON THE SEPTEMBER 13TH, 2022. MADAM SECRETARY, WOULD YOU CALL THE ROLL, PLEASE? >> CHAIR, TERI GROOMS. >> I AM HERE. >> VICE CHAIR, NBA. >> HERE. >> COMMISSIONER PAUL. >> HERE. >> COMMISSIONER HELEN. >> HERE. >> COMMISSIONER KARIM. >> HERE. >> COMMISSIONER PATEL. >> HERE. >> COMMISSIONER PINTO. >> HERE. >> COMMISSIONER WEISMAN. >> HERE. >> AND COMMISSIONER DANNY. >> HERE. >> THE FIRST ORDER OF BUSINESS IS, I JUST WANTED TO DO A LITTLE HOUSEKEEPING. CAN EVERYBODY MAKE SURE THAT THEIR MICROPHONE IS AROUND THAT YOU SPEAK DIRECTLY INTO THE MICROPHONE. IT AFFECTS HOW WE CAN HEAR IN THE AUDIENCE AND HOW YOU CAN HEAR AT HOME ONLINE, SO BE VERY CONSCIOUS OF IT, PLEASE. THE NEXT ORDER OF BUSINESS IS TO APPROVE THE MINUTES FROM THE AUGUST 9TH, 2022 MEETING. [MINUTES] DOES ANYBODY HAVE ANY CHANGES? >> I HAD ONE FOR THE X PARTY. I ADDITIONALLY DROVE BY THE PROPERTY. >> DID YOU GIVE THAT TO JOSIE AHEAD OF TIME OR IS THAT NOW? >> THAT'S NOW. >> WE CAN MAKE THAT CHANGE FOR COMMISSIONER HERD ON HER DISCLOSURES, JOSIE. THANK YOU. ANYBODY ELSE HAVE CHANGES? I,M SORRY. I WILL ENTERTAIN A MOTION TO APPROVE AS AMENDED FOR COMMISSIONER HERD. >> I MOVE. >> SECOND. >> SECOND. >> ALL IN FAVOR SAY AYE. >> AYE. [OVERLAPPING] >> AYE. >> MINUTES ARE APPROVED. MOTION PASSES. THE NEXT ORDER OF BUSINESS IS CITIZEN COMMENTS WHERE MEMBERS OF THE PUBLIC HAVE UP TO THREE MINUTES TO SPEAK WHAT'S ON THEIR MIND ON ITEMS THAT ARE NOT ON TONIGHT'S AGENDA. DO WE HAVE ANY COMMENT CARDS? >> NO, MADAM CHAIR. >> THANK YOU. WE WILL MOVE ON TO THE NEW BUSINESS OF PANIC SQUARE SPECIAL EXCEPTION SITE PLAN AMENDMENT APPLICATIONS TO CHANGE THE USE OF TWO PAYS. NO, THAT'S THE LENSES. I'M SORRY, WHERE AM I? [LAUGHTER] WHAT DAY IS TODAY? DO WE HAVE ANY EX-PARTE DISCLOSURES FOR THE NEW BUSINESS OF TONIGHT WHICH IS [B.1. River Plaza] THE RIVER PLAZA LARGE-SCALE PLANNED UNIT DEVELOPMENT APPLICATION FOR COMMERCIAL DEVELOPMENT? >> DROVE BY THEIR AIM UP AND BUY WATER AS WELL. >> I DROVE BY THERE THEN EXTENSIVELY CHECKED OUT THE GOOGLE MAPS AND SOME OTHER RECORDS ON MINE. >> THANK YOU. >> COMMISSIONER KERN. >> AND I DROVE TO THE SITE AND TALKED TO PETER AND JOHN AS WELL. >> COMMISSIONER HERD. >> I DROVE THROUGH THE SITE AND THEN ALSO TALKED TO PETER. >> COMMISSIONER PATEL. >> I HAVE NOTHING TO DISCLOSE. >> I DROVE BY. I ALSO HAD WRITTEN COMMUNICATIONS WITH THE PLANNING AND ZONING STAFF AND THEN ALSO COUNCILMAN, SHEL SCHNEIDER. >> I DROVE BY THE PROPERTY AND TALKED TO PETER ABOUT THAT ALSO. >> THANK YOU. I HAVE TWO DISCLOSURES I DID IN THE JOY OF CONVERSATION WITH MR. MICKIEWICZ ABOUT WAIVERS AND THE SPECIAL EXCEPTIONS. I'M SORRY. GO AHEAD. >> I DROVE TO THE SITE AND WALKED THE PROPERTY. THANK YOU. >> THANK YOU. I'M SORRY. THERE'S SO MANY PEOPLE HERE. I'M GETTING LOST. >> THEN I DID HAVE A CONVERSATION WITH COUNCILWOMAN, CHERYL SNYDER, ABOUT WAIVERS AND PUBLIC BENEFITS. >> SORRY, CHAIR. I ALSO HAVE A CONVERSATION WITH COUNCILWOMAN, CHERYL SNYDER. >> THANK YOU. MR. BARRETT, DO YOU WANT TO DO THE HONORS OF THIS WHERE DO WE SWEAR A MAN TONIGHT? >> YEAH. I'M GOING TO SPEAK ON THIS AGENDA CAN YOU PLEASE STAND AND RAISE YOUR RIGHT HAND YOU'LL BE SWORN IN. DO YOU SWEAR THE TESTIMONY YOU'RE ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? >> YES. [OVERLAPPING] >> THANK YOU. >> THANK YOU. NOW WE WILL HEAR FROM THE APPLICANT. >> GOOD EVENING EVERYBODY. HOW'S EVERYBODY DOING? PULL UP THE PRESENTATION. GOOD EVENING. FOR THE RECORD, MY NAME IS GEORGE MISUMA WITH KOTLER, AND HEARING HERE TONIGHT ON BEHALF OF THE APPLICANT, RENAISSANCE JUPITER LLC AND I HAVE BEEN SWORN IN. HERE TONIGHT TO TALK ABOUT THE 900 SOUTH QS1 RIVER PLAZA DEVELOPMENT IN JUPITER, FLORIDA. WE HAVE TWO APPLICATIONS BEFORE YOU TONIGHT, [00:05:02] P&Z NUMBER 22-5154 AND 22-5383. WE DO HAVE SEVERAL MEMBERS OF OUR TEAM HERE TONIGHT INCLUDING REPRESENTATIVES FROM THE PROJECT OWNERSHIP, RENAISSANCE JUPITER LLC, AND THAT WOULD BE KEN FISCHER AND MARIA GOMEZ AS WELL AS BRADLEY FISCHER. OUR ARCHITECT FOR THE PROJECT, REG ARCHITECTS, RICK GONZALES, VERY WELL-KNOWN ARCHITECT IN THE AREA, SERVED ON MULTIPLE HISTORIC RESOURCE BOARDS. HE WAS PLANNING ON ATTENDING TONIGHT. HE MAY HAVE GOTTEN LOST, BUT NOT SURE YET. IF HE COMES YOU CAN ANSWER QUESTIONS TO THE ARCHITECTURE. BUT HE HAS MANY NOTABLE PROJECTS WITHIN THE AREA AND WE WERE VERY LUCKY TO BE ABLE TO WORK WITH HIM ON THIS PROJECT. OUR CIVIL ENGINEER IS SIMMONS AND WHITE. KYLE DUNKIN AND ERIK COOPER LEAD THEIR TEAM AND THEN THE AGENTS, LANDSCAPE ARCHITECTS, AND PLANNERS FOR THE PROJECT WAS KYLE AND ERIN. AGAIN, A SUMMARY OF THE REQUESTS. WE ARE REQUESTING A LARGE-SCALE PLANNED UNIT DEVELOPMENT APPROVAL AS WELL AS A SITE PLAN AMENDMENT FOR THE EXISTING SITE. THE PROJECT IS LOCATED ON THE WEST SIDE OF US1 SOUTH OF INDIAN TOWN ROAD. FOR REFERENCE, WE HIGHLIGHTED THE LOCATION OF WHERE WE ARE TONIGHT, TOWN HALL. THIS PROPERTY IS BUDDING THE INTERCOSTAL WATERWAY, AND PREVIOUSLY, THE PROPERTY DEDICATED THE WATERFRONT FRONTAGE OF THE PROPERTY TO THE TOWN OF JUPITER FOR A MISSING LINK OF THE RIVERWALK. THAT HAS BEEN OPEN FOR A BELIEF CLOSE TO 13 YEARS NOW. A CLOSER VIEW OF THE PROPERTY, YOU CAN SEE THE EXISTING DEVELOPMENT. THERE ARE TWO BUILDINGS EXISTING ON THE PROPERTY AS SMALLER, ONE-STORY OFFICE BUILDING, AND THEN A LARGER THREE-STOREY OFFICE BUILDING I BELIEVE. THE PROPERTY IS CURRENTLY ZONED C3 COMMERCIAL OFFICE WITH A FUTURE LAND USE OF COMMERCIAL. WE ELECTED TO PROCEED WITH ENTITLING THE PROPERTY UNDERNEATH THOSE ZONING REQUIREMENTS, AND WE ARE CONSISTENT WITH THE REQUIREMENTS OF THAT CODE, AS WELL AS THE REQUIREMENTS OF THE LARGE-SCALE PUD MASTER PLAN. BUT FOR OUR WAIVER REQUEST TO REDUCE THE MINIMUM LAND AREA REQUIRED OF 10 ACRES TO THE 4.74 ACRES OF OUR PROPERTY. WE ARE PROPOSING SUBSTANTIAL PUBLIC BENEFIT AS PART OF OUR REQUESTS AND MULTIPLE FACETS, MAINLY THE UNDERGROUNDING OF THE OVERHEAD POWER LINES ALONG US1, WHICH HAS LONG BEEN A GOAL OF THE TOWN TO DO SO ALONG THIS IMPORTANT QUARTER, AS WELL AS PROVIDING THE MAINTENANCE FOR THE PORTION OF THE RIVERWALK ADJACENT TO THE PROPERTY, WHICH IS CURRENTLY MAINTAINED BY THE TOWN OF JUPITER. MOVING ON INTO THE SITE PLAN, THIS IS AERIAL PHOTOGRAPH OF THE SITE IN EXISTING CONDITIONS AND WE REALLY WANTED TO CALL ATTENTION TO THE ADJACENT PROPERTIES, NOTABLY THE JUPITER YACHT CLUB TO THE NORTH, AS WELL AS THE MANGROVE BAY DEVELOPMENT TO THE SOUTH. THESE PROPERTIES ARE MUCH LARGER IN HEIGHT AS WELL AS MASS FROM OUR PROPOSED PROJECT AND THE EXISTING BUILDINGS ON OUR SITE. THESE BUILDINGS WERE APPROVED DURING THE TIME WHEN THEY HAD AVAILABLE BONUS POINTS, SO THE DEVELOPMENT WAS MUCH LARGER IN SCALE. AGAIN, TWO EXISTING BUILDINGS THE ALMOST 6,000 SQUARE FOOT OFFICE WE'RE PROPOSING TO REMOVE IS REALLY A STANDARD BUILDING. NOTHING VERY SPECIAL ABOUT IT. THESE WERE CONSTRUCTED IN THE 1990S AND REALLY REMOVING IT OPENS UP A LOT OF POSSIBILITIES WITH SITE CIRCULATION AND JUST MAKES THE SITE FUNCTION BETTER. THE OTHER EXISTING BUILDING IS A LITTLE OVER 30,000 SQUARE FEET AND WE'RE PROPOSING TO PRESERVE THIS BUILDING, AND THIS GOES A LONG WAY TOWARDS THE SUSTAINABLE NATURE OF WHAT WE'RE PROPOSING TO DO. THE GREENEST BUILDING IS ONE THAT YOU DON'T HAVE TO TEAR DOWN. THIS BUILDING WAS ALSO DESIGNED BY JEANNE LAWRENCE, A VERY NOTABLE ARCHITECT IN THE AREA WHO'S PASSED AWAY BUT HE'S HAD SEVERAL OF HIS DESIGNS NOTED AS HISTORICAL LANDMARKS AND WE WOULD NOT BE SURPRISED IF IN THE NEAR FUTURE THIS BUILDING MEETS THOSE REQUIREMENTS. THEN HERE AT SOME OF THE NEIGHBORING PROPERTIES, AGAIN, MANGROVE BAY TO THE SOUTH AND THE JUPITER YACHT CLUB TO THE NORTH. SOME BRIEF INFORMATION ON THE PROPOSED SITE PLAN. AGAIN, WE ARE 4.74 ACRES. WE HAVE A COMMERCIAL FUTURE LAND USE, A C3 ZONING IN OUR PROPOSED BUILDING COVERAGE, ROUGHLY 23 PERCENT, PROVIDING MORE THAN 30 PERCENT GREEN SPACE. UNDER THE LARGE-SCALE PLANNED UNIT DEVELOPMENT, THAT REQUIREMENT MINIMUM IS 15 PERCENT, AND WE ARE CONSISTENT WITH THE SHARE PARKING REQUIREMENTS FOR THIS SITE, [00:10:03] SO WE ARE EXCEEDING OUR PARKING REQUIREMENT. WE ARE PERMITTED UP TO 60 FEET BUILDING HEIGHT UNDER THE CURRENT ZONING CODES AND WE'RE PROPOSING LESS THAN THAT AT 57.3 FEET. DIVING INTO THE SITE PLAN DESIGN A LITTLE BIT. AGAIN, I TALKED ABOUT THE SUSTAINABLE NATURE ABOUT WHAT WE'RE PROPOSING HERE. PRESERVING THAT EXISTING BUILDING GOES A LONG WAY IN THAT STEP IN CREATING THAT AS WELL AS PRESERVING THAT HISTORICAL ARCHITECTURE FROM JEANNE LAWRENCE. WE HAVE INTRODUCED STRUCTURED PARKING TO THE SITE, WHICH HAS ALLOWED US TO SUBSTANTIALLY INCREASE THE GREEN SPACE AMOUNT. IT'S MUCH MORE EFFICIENT FROM A SUSTAINABLE PERSPECTIVE. WE ARE PROPOSING A MIXTURE OF SUPPORTING USES, ANCILLARY GROUND FLOOR RETAIL LINING THE GARAGE, SUPPORTING THE OFFICE USES AS WELL AS THE PEOPLE THAT MAY BE COMING TO VISIT THOSE OFFICES ARE BEING ABLE TO ATTEND AS WELL AS THE GROUND FLOOR RESTAURANT FRONTING THE RIVER WALK REALLY CREATING A NICE EXPERIENCE FOR PEOPLE GOING DOWN THE RIVER WALK. THEY CAN STOP INTO THE RESTAURANT OR PEOPLE AT THE SITE CAN ACCESS THE RIVER WALK FROM THIS DEVELOPMENT. THERE IS AN EXISTING ACCESS, AS I'M SURE YOU NOTICED VISITING THIS SITE. IT IS VERY CLOSE TO THE NEIGHBORING BEST WESTERN EGRESS DRIVES. IT'S ONLY ABOUT A 30-FOOT SEPARATION. THIS CONDITION DID NOT MEET STANDARD FDOT CRITERIA, AND SO WE ARE ELIMINATING THIS ACCESS POINT, MOVING IT TO THE SOUTH, PROVIDING A WRITE-IN, WRITE-OUT A LEFT-IN ALONG THIS ENTRANCE. THEN THAT FURTHER MODIFIES THE EXISTING ENTRANCE AND EXIT ON THE SOUTH SIDE TO BE AN EGRESS ON THE RIGHT ONLY DUE TO THE MODIFICATION TO THE US 1 MEDIA. WE PAID GREAT ATTENTION TO THE ENTRANCE OF THE SITE, CREATING A TERMINATED VISTA WITH TWO ARCHITECTURAL TOWER FEATURES. AGAIN, ONE OF THOSE IS EXISTING ON THE JEANNE LAWRENCE BUILDING. RICANS ALL HAS PAID GREAT ATTENTION TO THE EXISTING DESIGNS TO REALLY MATCH AND ENHANCE THOSE, PROVIDING FOR A REALLY UNIQUE ENTRY FEATURE, AS WELL AS OPPORTUNITIES FOR VOCAL LANDSCAPE POINTS ALONG THE WAY. WE ARE PROVIDING FOR FUTURE PEDESTRIAN AND VEHICLE CROSS-AXIS TO THE NORTH. THAT WOULD HAPPEN AT A TIME WHEN THE BEST WESTERN SITE CAME FORWARD FOR A SITE PLAN AMENDMENT TO WHERE WE COULD THEN CONNECT TO THAT PROPERTY. WE ARE PROVIDING GREAT PEDESTRIAN CIRCULATION AND CONNECTIVITY FROM US 1, WE'RE MEANDERING AN EIGHT-FOOT SIDEWALK ALONG US 1, BRINGING IT BACK FROM THE ROAD, PROVIDING ADDITIONAL LANDSCAPING AND PROTECTION FOR PEOPLE WALKING ALONG THAT SIDEWALK. PROVIDING THE FULL WIDTH ACQUIRED FOR THE US 1 CORRIDOR, SO REALLY ENHANCING THAT LANDSCAPE BUFFER, AS WELL AS SEVERAL CONNECTIONS TO THE RIVERWALK. AGAIN, TALK A LOT ABOUT THE EXISTING BUILDING. I KNOW YOU GUYS WENT OUT THERE AND SAW IT. BUT VERY STRONG MID-CENTURY ARCHITECTURE. WE'RE NOT PROPOSING TO CHANGE THE BUILDING ITSELF. THERE ARE SOME MINOR ADJUSTMENTS THAT WE'RE MAKING TO ENHANCE THE SITE. YOU'LL NOTICE ON THE NORTH SIDE OF THE BUILDING, THERE IS AN EXISTING CARPORT OF SORTS, COVERED PARKING AREA, AS WELL AS SOME MECHANICAL EQUIPMENT ROOMS AND ELECTRICAL ROOMS, AND THE EXTERIOR OF THE BUILDING. IT'S ALL CONNECTED. WE ARE PROPOSING TO MODIFY THAT SLIGHTLY BY CREATING OPEN-AIR PAVILION, REALLY PEDESTRIAN AMENITY FOR THE SITE, AND REALLY PROVIDING MORE SCALE TO THAT SIDE OF THE BUILDING. I TALK A LITTLE BIT ABOUT JEANNE LAWRENCE. AGAIN, HE WAS A LOCAL ARCHITECT, GRADUATED FROM THE UNIVERSITY OF FLORIDA AND BEGAN HIS CAREER IN THE 1950S. WE FULLY EXPECT THIS BUILDING TO REACH A HISTORICAL DESIGNATION IN THE FUTURE. IT WAS REALLY VITAL IN THESE INITIAL DESIGNS THAT WE DO EVERYTHING WE CAN TO TRY TO PRESERVE THAT. NOW, THE NEW BUILDING, AS YOU CAN SEE, REALLY MODELED OFF THAT MID-CENTURY STYLE, STILL CREATING SOME OPPORTUNITY FOR THE MODERN ELEMENTS, AND THE BUILDING REALLY IS STEPPED BACK FROM US 1, SO THAT THE FOCAL POINT OF THE BUILDING IS BACK AWAY FROM US 1, SO YOU'RE NOT CROWDING THAT CORRIDOR, REALLY CREATING A NICE AESTHETIC. COLORED VERSION HERE REALLY ALLOWS YOU TO SEE THOSE GREEN WALLS THAT WE'VE PROVIDED ALONG ALL THREE SIDES OF THE PARKING STRUCTURE AND THE GROUND FLOOR ANCILLARY RETAIL REALLY HIDES THIS AS BEING A GARAGE. [00:15:01] IT'S NOT AN UGLY GARAGE, IT'S NOT A NEW FACE, AND IT PROVIDES A GREAT COVERED WALKWAY, ARCADE FOR PEOPLE TO ACCESS FROM US 1 TO GET INTO THE SITE IN A COVERED MANNER. LANDSCAPE IS DESIGNED BY DON HEARING WITH GREAT ATTENTION TO THE NATIVE PALETTE AND THE EXISTING SITE. THE EXISTING LARGE CANOPY TREES, AS YOU SAW OUT THERE, CREATE A LOT OF VALUE, AND WE'VE DONE EVERYTHING THAT WE CAN TO PRESERVE THAT CANOPY AS MUCH AS POSSIBLE. WE'RE RELOCATING A LOT OF THOSE LARGER TREES INTO THE LANDSCAPE ISLANDS SO THAT ON DAY 1, WHEN THIS IS DEVELOPED, YOU HAVE A REALLY NICE COVERAGE OF THE PROPERTY. WE PUT A LOT OF NATIVE MATERIAL ALONG THE RIVER WALK, REALLY ADDED MUCH MORE MATERIAL TO THE BUFFERS. FAR MORE LANDSCAPING IS REQUIRED FOR THE SITE. AGAIN, HERE'S JUST A COLORED GRAPHIC TO SHOW YOU SOME OF THAT LANDSCAPING THAT WE WERE TALKING ABOUT. SOME RENDERINGS SHOWING THE MASSING OF THE TWO BUILDINGS AS THEY RELATE TO EACH OTHER. YOU CAN SEE THOSE FOCAL POINT FEATURES, THE TOWER FEATURES, THAT YOU WOULD SEE AS YOU DRIVE INTO THE SITE. THESE TWO BUILDINGS ARE MUCH SMALLER IN SCALE COMPARED TO THE NEIGHBORING BUILDINGS TO THE SOUTH AND TO THE NORTH. HERE'S A VIEW OF THE ENTRY DRIVE AS YOU COME IN. AGAIN, THAT TERMINATED VISTA WITH THOSE TWO TOWER FEATURES PROVIDING A GREAT ENTRANCE. THEN HERE IS A GREAT VIEW FROM ABOVE. YOU CAN SEE WE'VE BLOCKED IN THE MANGROVE BAY BUILDINGS TO THE SOUTH, THEY'RE ACCURATE IN TERMS OF SCALE. OBVIOUSLY, WE COULDN'T GET ALL THAT DETAIL IN THERE WITHOUT CONSIDERABLE MORE WORK. BUT IT GIVES YOU A SENSE OF WHAT WE'RE PROPOSING AND WHAT THAT ULTIMATELY WOULD LOOK LIKE. WE DID HAVE A MINOR NOTE ON THE CONDITIONS OF APPROVAL SPECIFIC TO THE SETBACK REQUESTS TO THE EXISTING OFFICE BUILDING. WE SPOKE ABOUT THAT MODIFICATION TO CREATE THAT OPEN-AIR PAVILION ON THE NORTH SIDE, REDUCING THE VEHICLE USE AREA AND REALLY IMPROVING THE USE OF THAT SPACE. ON THE WEST SIDE OF THAT EXISTING PORTION IS A MECHANICAL ROOM, WHICH IS THE PORTION WHICH STAFF NOTED, WHICH IS A 24.6 FEET FROM THE CURRENT PROPERTY LINE. IT WOULD HAVE MET THE SETBACK REQUIREMENT PRIOR TO THE DEDICATION OF THE LAND FOR THE RIVERWALK. MOVING THAT PORTION OF THE EXISTING BUILDING REALLY ISN'T FEASIBLE. IT WOULD BE A TREMENDOUS FINANCIAL BURDEN, TO MOVE THAT WE'VE MODIFIED THE ROOF BUT WE DO NOT BELIEVE THAT THAT SHOULD NEED TO BE MOVED BACK. AGAIN, THE EXISTING SETBACK TO THE OFFICE BUILDING IS LESS THAN 15 FT. THIS IS CONSIDERABLY MORE THAN THAT WITH ADDITIONAL LANDSCAPING BEING PROVIDED. WE'RE GOING TO WORK WITH STAFF PRIOR TO THE COUNCIL MEETING TO COME TO A CONCLUSION ON THIS CONDITION, BUT WANTED TO NOTE IT IN OUR PRESENTATION. HERE'S JUST ANOTHER VIEW SHOWING YOU SOME OF THE SETBACKS, AGAIN, ALMOST 50 FEET TO THE ORIGINAL PROPERTY LINE PRIOR TO THE LAND DEDICATION TO THE TOWN, JUST OVER 24 FEET CURRENTLY TO THE CURRENT PROPERTY LINE, AND THEN NOTING THE FIT ROUGHLY 15 FEET EXCEPT TO THE ACTUAL OFFICE BUILDING. WE THANK YOU VERY MUCH FOR YOUR TIME, WE'RE HAPPY TO ANSWER ANY OF YOUR QUESTIONS. >> THANK YOU. NOW, WE'LL HEAR FROM PETER BEGOVICH, FROM THE TOWN'S PLANNING AND ZONING DEPARTMENT. >> THANK YOU FOR THE RECORD. PETER BEGOVICH, WITH THE PLANNING AND ZONING DEPARTMENT. STAFF RECOMMENDS APPROVAL OF THE APPLICANT'S REQUEST FOR A LARGE-SCALE PLANNED UNIT DEVELOPMENT AND SITE PLAN APPLICATION TO OUR NEW FOUR-STORY OFFICE BUILDING WITH AN INTEGRATED PARKING STRUCTURE, RESTAURANT, OUTDOOR SEATING, REQUESTS FOR SHARED PARKING, AND DEMOLITION OF AN EXISTING ONE-STORY OFFICE BUILDING CONTINGENT ON TOWN COUNCIL APPROVAL OF THE PROPOSED PUBLIC BENEFIT AND WAIVER AND SUBJECT TO THE CONDITIONS OF APPROVAL AS PROVIDED IN EXHIBITS 1 AND 2. THE SITE CURRENTLY INCLUDES A 30,600-SQUARE-FOOT AND 5,800-SQUARE-FOOT OFFICE BUILDING COMPLETED IN 1985 AND 1990 RESPECTIVELY. THE PROPOSED PLAN ELIMINATES THE SMALLER BUILDING AND PROPOSES A NEW 60,700-SQUARE-FOOT OFFICE BUILDING WITH AN INTEGRATED GARAGE. IN 2010, THE TOWN COUNCIL ENTERED INTO A DEVELOPMENT AGREEMENT WITH THE PREVIOUS OWNER OF THE SUBJECT PROPERTY. AS PART OF THE AGREEMENT, THE OWNER CONVEYED ABOUT A QUARTER OF AN ACRE OF THEIR UPLAND WATERFRONT LAND TO THE TOWN IN ORDER FOR THE TOWN TO CONSTRUCT A CRUCIAL MISSING LINK TO THE RIVERWALK. [00:20:01] COMPLETING THE RIVERWALK WAS A SIGNIFICANT PRIORITY OF THE TOWN COUNCIL AT THE TIME. IN EXCHANGE FOR THE LAND, THE TOWN COUNCIL GRANTED THE PROPERTY OWNER DEVELOPMENT RIGHTS TO USE IN THE FUTURE, INCLUDING MAINTAINING RIGHTS UNDER THE CURRENT COMMERCIAL FUTURE LAND USE AND COMMERCIAL OFFICE ZONING. THE APPLICANT IS ALSO REQUESTING A LARGE-SCALE PLANNED UNIT DEVELOPMENT APPLICATION WITH A WAIVER TO REDUCE THE MINIMUM SIZE FROM 10 ACRES TO 4.7 ACRES TO MATCH THE SIZE OF THE PROPERTY. THE REASON FOR THE PUD IS TO REDUCE THE GREEN SPACE REQUIREMENT, WHICH IS A MINIMUM OF 35 PERCENT IN THE COMMERCIAL OFFICE DISTRICT. COMMERCIAL LARGE-SCALE PLANNING AND DEVELOPMENT MAY PROVIDE 15 PERCENT GREEN SPACE. THE DEVELOPMENT AGREEMENT ADDRESSED OPEN SPACE, BUT NOT GREEN SPACE, AND THERE'S A DISTINCTION IN THE CODE. THE APPLICANT HAS PROPOSED JUST OVER 30 PERCENT GREEN SPACE. THE OWNER HAS PROPOSED TO UNDERGROUND THE OVERHEAD UTILITIES ALONG US HIGHWAY 1. IN ORDER TO MEET THE PUD PUBLIC BENEFIT REQUIREMENTS, STAFF HAS PROVIDED ADDITIONAL DETAILS REGARDING THE PUBLIC BENEFITS AND THE STAFF REPORT. REDEVELOPMENT IN US HIGHWAY 1 SECTOR WOULD TYPICALLY TRIGGER UNDERGROUNDING OF UTILITIES. HOWEVER, THE DEVELOPMENT AGREEMENT ABSOLVED THE OWNER FROM THE EXPENSE, AND IT WOULD NEED TO BE PAID FOR BY THE TOWN. WITH THAT STAFF FOR REQUESTS, WE SET ASIDE THE REMAINDER OF OUR TIME, AND WE'D BE HAPPY TO ANSWER ALL OF YOUR QUESTIONS. THANK YOU. >> THANK YOU. WHO WANTS TO GET US STARTED? COMMISSIONER FURL, SINCE YOU HAVEN'T BEEN HERE, YOU WANT TO KICK US OFF? >> I WOULD LOVE TO. THANK YOU. PETER, HELP ME WITH THE UNDERSTANDING OF THE PRIMARY JUST FOR GOING FOR THE PUD, YOU SAID THEY COULD GO FROM 35 PERCENT GREEN DOWN TO 30 PERCENT GREEN. >> YEAH. >> IS THAT THE BENEFIT TO THEM? >> THAT'S REALLY THE BENEFIT THAT THEY WILL BE GETTING WITH IT. >> I CAN'T REMEMBER, BUT I THOUGHT IT WAS MORE THAN 30 PERCENT GREEN THAT THEY'RE PROPOSING WAS IT? >> I CAN ADD A LITTLE BIT MORE COLOR TO THAT TOO. THE DEVELOPMENT AGREEMENT, ALLOWED THE PROPERTY OWNER TO OBTAIN SOME BENEFIT FROM THE DEDICATION OF THAT LAND. PART OF IT WAS THEY WERE ABLE TO UTILIZE THAT LAND TO COUNT TOWARDS AN OPEN SPACE REQUIREMENT. IT DIDN'T SPECIFICALLY SAY GREEN SPACE. BECAUSE THERE'S A DISTINCTION IN THE CODE, STAFF DIDN'T FEEL COMFORTABLE WITH ALLOWING US TO UTILIZE THE GREEN SPACE OF THE RIVERWALK PARCEL TO MEET OUR DEVELOPMENT REQUIREMENTS OF 35 PERCENT UNDERNEATH THE C3 ZONING DISTRICT, IF THE PROPERTY WERE TO BE, OR IF IT WAS TO BE REZONED. WITHOUT THE DEVELOPMENT AGREEMENT, WE'D HAVE TO REZONE IT TO THE INNER COASTAL WATERWAY DISTRICT AND THAT GREEN SPACE REQUIREMENT IS MUCH LESS THAN 35 PERCENT. WE'RE PROVIDING A NET BENEFIT AND INCREASE AMOUNT OF GREEN SPACE THAN WHAT WOULD BE REQUIRED WITHOUT THE DEVELOPMENT AGREEMENT. >> I'M GOING TO AGREE WITH THAT PETER. >> IT WAS A GOOD SYNOPSIS. ACTUALLY, THERE IS NO GREEN SPACE REQUIREMENT IN THE US1 INTERCOSTAL WATERWAY DISTRICT, IT'S ZERO. >> ARE ANY MANGROVES IS GONNA BE AFFECTED BY THIS BECAUSE IT WAS QUITE A FEW, BUT I THINK THAT'S ALL THE TOWN SIDE OF THE LINE. >> IF YOU ASKED ME. YEAH. THE SUBJECT PROPERTY ISN'T GOING PAST THE RIVERWALK. THE TOWN'S RIVERWALK PARCEL. >> THERE'S NO MANGROVES UP LAND OF THAT AREA. >> NO. >> IF THERE WAS A SLEW OR SOMETHING? NO. >> NO. >> MADAM CHAIR, JUST AS A MATTER OF PROCEDURE, IF YOU WANT TO SIT DOWN, IF YOU WANT TO ASK HIM QUESTIONS, YOU CAN COME UP AND ANSWER THOSE QUESTIONS. OTHERWISE, IF HE'S DIRECTING HIS QUESTIONS TO PETER, THAT WOULD BE THE APPROPRIATE PERSON TO ANSWER THEM. >> THANK YOU. >> THANK YOU. I THINK THAT'S BASICALLY ALL I HAD. THANK YOU FOR NOW. >> CAN YOU SHOW US, TO YOU AND ASK ME QUESTIONS AT THIS TIME? >> ONE QUESTION FOR THE APPLICANT. I WAS JUST CURIOUS. IT WAS GOING TO BE ANY SPECIAL CONSIDERATIONS FOR NOISE ABATEMENT DURING CONSTRUCTION FOR THE PEOPLE WHO LIVE IN MANGROVE BAY? >> THAT IS AN EXCELLENT QUESTION. VERY MUCH DURING CONSTRUCTION WOULD DO EVERYTHING THAT IS POSSIBLE TO ABATE THE NOISE THROUGH THE CONSTRUCTION PROCESS AS MUCH AS POSSIBLE, INCLUDING HOURS OF CONSTRUCTION. >> WOULD THAT BE NOTED IN PLAN? >> IT'S NOT CURRENTLY NOTED IN THE PLAN. >> FOR THE RECORD DONALDSON HEARING, I THINK WHAT WE SUGGEST IF YOU'RE FINE TO MAKE IT A CONDITION OF APPROVAL, [00:25:01] WILL WORK WITH YOUR STAFF IN ENGINEERING DEPARTMENT TO COME UP WITH THE LOGISTICS PLAN. THEN, IN ADDITION TO THAT, WE'LL MEET WITH MANGROVE BAY AND MAKE SURE THAT THEY'RE COMFORTABLE AND KNOW WHAT WE'RE DOING. >> GREAT. THANK YOU. THAT'S ALL I HAVE. >> COMMISSIONER PENTEL, DO YOU HAVE ANY QUESTIONS? >> YEAH, I'VE A QUESTION FOR STAFF. THE UNDERGROUND UTILITIES SPLIT THE COSTS BETWEEN A DEVELOPER AND THAT TOWN. WHAT IS THE SPLIT? >> RIGHT NOW THERE'S NO SPLIT. THEY'RE PROPOSING TO PAVE AND ACTUALLY UNDERGROUND UTILITIES IN FRONT OF THE PROPERTY. THAT WOULD BE 100 PERCENT ON THE APPLICANT AS PROPOSED. >> I HAVE A QUESTION FOR THE APPLICANT. MANGROVE BAY IS RIGHT NEXT DOOR TO YOU GUYS. WHAT KIND OF PARKING DO YOU HAVE FOR HANDICAPPED PARKING IN THIS PROPOSED PROJECT THAT YOU HAVE? >> WE'RE REQUIRED A MINIMUM NUMBER OF ADA SPACES AND WE'RE REQUIRED ALSO TO SPACE THEM OUT. WE ARE EXCEEDING THAT REQUIREMENT, I BELIEVE, BY MAYBE ONE SPACE, BUT THEY ARE PROVIDED WITHIN THE PARKING STRUCTURE AS WELL AS AROUND THE MAIN ENTRANCES OF BOTH BUILDINGS. WE ARE REQUIRED TO PLACE THOSE WITHIN THE CLOSEST ACCESSIBLE ROUTE TO THE MAIN ENTRANCES OF THE BUILDING AS WELL. THESE BUILDINGS WILL HAVE VALLEY. THERE'LL BE A CENTRAL VALLEY FOR PEOPLE THAT COME, AND THEY CAN HAVE THEIR VEHICLES PARKED FOR THEM. >> THAT'S ALL MY QUESTIONS FOR NOW. >> THANK YOU. COMMISSIONER. KAREN. >> THANKS. AN OVERALL COMMENT, I THINK THIS IS A REALLY GREAT PROJECT IN TERMS OF SHOWING RESPECT FOR THE EXISTING BUILDING THAT'S ON THE SITE OF THE ARCHITECTURE AND THE HISTORY AND THE HERITAGE OF THE PROPERTY. I THINK WE AS A COMMUNITY, REALLY APPRECIATE THE EFFORTS YOU-ALL HAVE MADE TOWARDS THAT AND MAKING SOMETHING THAT'S REALLY, IN MY OPINION, A SIGNATURE DEVELOPMENT HERE. >> COMMISSIONER, KAREN, DO YOU HAVE ANY QUESTIONS FOR PETER. THIS IS THE TIME FOR THAT. OKAY. SORRY. >> THAT WAS JUST AN OVERALL COMMENT. THEN PETER, I KNOW YOU AND I SPOKE EARLIER TODAY. WERE YOU ABLE TO GET ANY ESTIMATES OF THE PRICE FOR THE UNDERGROUNDING ALONG THE BEST WESTERN SITE? >> I WAS TALKING WITH THE TOWN ENGINEER, DOUG KOENNICKE TODAY ABOUT THAT TO ANSWER THAT QUESTION. HE SAID, WHEN THEY WERE LOOKING AT INDIAN TOWN ROAD AND THIS WAS MANY YEARS AGO, THEY WERE LOOKING AT ABOUT 200 AND SOMETHING AFOOT, $220 A FOOT AND THAT WAS SOME TIME AGO. THE FRONTAGE ALONG BEST WESTERN IS ABOUT 110 FT OR SOMETHING LIKE THAT I THINK. >> THEN I GUESS ANOTHER QUESTION FOR THE APPLICANT. DID YOU-ALL THINK ABOUT A LEAD DESIGNATION AT ALL FOR THE BUILDING? I KNOW THERE'S. >> YEAH. >> GOOD EVENING, RICK GONZALES, AN ARCHITECT FOR THE PROJECT. AND THANK YOU FOR YOUR NICE COMMENTS. >> SURE. >> THE ORIGINAL BUILDING WAS DESIGNED BY JEANNE LAWRENCE, WHO PASSED AWAY, BUT HE'S CONSIDERED A VERY WELL-KNOWN HISTORIC ARCHITECT. WE WERE TRYING TO TIE INTO THAT AND PART OF THE FLORIDA GREEN BUILDING DESIGNATION IS NOT TO DEMOLISH EVERYTHING. THE FACT THAT WE'RE KEEPING THE BUILDING, WE'RE RENOVATING IT AS WE SPEAK. THE NEW BUILDING WILL HAVE FLORIDA GREEN BUILDING'S CERTIFICATION. THAT'S SIMILAR TO WHAT WE ACHIEVED AT THE MARINE LIFE CENTER DOWN IN JUNO BEACH. IT'LL BE THE SAME TYPE OF STATE CERTIFICATION. LEED IS TOUGH IN FLORIDA BECAUSE OF THE HOT, HUMID CLIMATE. FLORIDA GREEN BUILDING IS A PREFERRED STANDARD HERE IN FLORIDA. >> THANK YOU. LET' SEE, MY LAST QUESTION, PETER, I KNOW WE ALSO TALKED ABOUT THIS, IS THERE A GENERAL SENSE OF WHAT IT WOULD COST TO DO THESE ARMS IN THE COASTAL, TO TRY AND IMPROVE THE MARINE LIFE HABITAT? >> TO INCREASE? YES. ABOUT $105,000 TO DO ABOUT 100 TO 130 FT OF LIVING SHORELINE. >> THOSE ARE ALL MY QUESTIONS FOR THE MOMENT. >> THANK YOU. COMMISSIONER DUNNING. >> I THINK WE'VE TALKED ABOUT THIS EARLIER. I DON'T SEE ANYBODY IN OPPOSITION HERE WHAT'S YOUR NEIGHBORS BEST WESTERN AND MANGROVE BAY, HAVE THEY PRESENTED ANY OPPOSITION OR ANY CONCERNS THAT WE NEED TO LOOK AT? >> TO OUR KNOWLEDGE, WE HAVEN'T RECEIVED ANY OPPOSITION TO THE PROJECT. >> THAT'S IT. >> ALTHOUGH NOT REQUIRED [OVERLAPPING] >> CAN YOU SPEAK INTO THE MICROPHONE? >> OH, I'M SORRY. >> THANK YOU. >> ALTHOUGH NOT REQUIRED BUT DID YOU REACH OUT TO THEM? I KNOW THAT THERE'S A SIGN POSTED, THERE'S AN AD PLACED, BUT HAVE YOU REACHED OUT TO THOSE NEIGHBORS? >> WE'RE IN COMMUNICATION WITH THE BEST WESTERN SITE IN ATTEMPTS TO PURCHASE IT TO IMPROVE THE OVERALL DEVELOPMENT. THEY WERE NOT WILLING TO PART WITH THE PROPERTY AND THEN WAS THERE ANY COMMUNICATION WITH MANGROVE BAY? [00:30:04] THERE WAS ALSO A COMMUNICATION WITH MANGROVE BAY AT THE START OF THE PROJECT. >> I HAVE ONE QUESTION FOR TOM, ARE THERE ANY TYPES OF OBLIGATIONS THAT THE TOWN HAS FOR THE DEVELOPMENT AGREEMENT THAT WAS ESTABLISHED? >> THE OBLIGATIONS UNDER THE TENANT OR IN DEVELOPMENT AGREEMENT. >> ANY SPECIFICS THAT WE NEED TO BE AWARE OF? >> GENERAL DUTY OF THE TOWN TO IMPROVE THE DEVELOPMENT PERMITS. IT'S PARAGRAPH 5 AND PARAGRAPH 7G, THE TEAM AGREED TO PREVENT EVERY DEVELOPER WITH A CREDIT TOWARDS RECREATION AND DEDICATION, AND IN TENTH GRADE TO EXPEDITE AND USE ITS BEST EFFORTS TO SCHEDULE THE APPLICATION FOR ITS EARLIEST HEARING DATES BEFORE THE PLANNING AND ZONING COMMISSION. >> THANK YOU. >> CAN I ASK A QUESTION? >> YES. >> COMMISSIONER MATEO. >> FIRST QUESTION FOR STAFF. IF THE ONLY EXCEPTION IS THE GREEN SPACE AND SINCE WE ARE TALKING PUBLIC BENEFITS ANS STAFF TOO, WHY COULD THEY NOT DONE A GENERAL DEVELOPMENT APPLICATION FOR COMMERCIAL AND THEN JUST DONE AN EXCEPTION FOR THE GREEN SPACE BASED ON THE PREMISES OF OPEN SPACE VERSUS GREEN SPACE AND/OR THE PREMISES OF THE DISTRICT WHICH HAS CURRENTLY THERE AS OPPOSED TO TRYING TO DO A PUD. >> IF THEY WENT THROUGH A STANDARD SITE PLAN PROCESS AND ASK FOR AN EXCEPTION, THERE IS NO EXCEPTION PROCESS IN THE SITE PLANNING PROCESS, THEY WOULD'VE HAD TO HAVE SUBMITTED FOR A VARIANCE. IF YOU'RE FAMILIAR WITH ADMINISTERING THOSE REVIEWS, THEY WOULD HAVE TO HAVE DEMONSTRATED A HARDSHIP AND MET THE CRITERIA FOR THE BOARD TO CONSIDER THAT. ULTIMATELY, STAFF FELT THAT THERE WAS SOMEWHAT OF A FINE DISTINCTION BETWEEN THE OPEN SPACE AND GREEN SPACE THAT WAS IN THE AGREEMENT AND THAT GOING THROUGH THAT PUD PROCESS WOULD BE A WAY TO ADDRESS THAT THROUGH THE REVIEW PROCESS AND HAVE THAT CONSIDERATION FOR REDUCING THE GREEN SPACE. TECHNICALLY, THEIR WAIVER REQUEST IS FOR THE SIZE OF THE PROPERTY. THE REDUCTION IN THE GREEN SPACE IS AN AUTOMATIC BENEFIT OF THE LARGE-SCALE PUD BASED ON ITS GENERAL PUBLIC BENEFIT. >> NOW LET'S GO TO THE NEXT STEP. IF THE FIRST STEP WAS, I DON'T KNOW WHY NOT A SMALL SCALE PUD? WHAT'S THE REASONING TO DO A LARGE AS OPPOSED TO A SMALL? >> I MIGHT BE ABLE TO ANSWER THAT. THE PUBLIC BENEFITS FOR SMALL-SCALE PUDS ARE PRESCRIBED AND THEY'RE VERY SPECIFIC. IT WASN'T SOMETHING THAT THE APPLICANT, THEY COULD PROVIDE WHAT THEY WANTED TO, WHICH WAS THE UNDERGROUNDING. [OVERLAPPING] >> IN THE LARGE-SCALE PUDS UNDERGROUNDING ANY PUBLIC BENEFIT? >> THE PUBLIC BENEFITS FOR LARGE SCALES COULD BE MORE GENERAL, WHERE SMALL SCALE [OVERLAPPING] >> DOES THE CODE SAY THAT THE UNDERGROUNDING HAS A PUBLIC BENEFIT. YES OR NO? >> IT'S NOT SPECIFICALLY ENUMERATED. >> LET'S GO BACK TO SMALL-SCALE THEN. IN THE SMALL SCALE ON THAT PUBLIC BENEFITS LIST, IS THAT AMENDABLE? CAN YOU ADD CONDITIONS OR NOT THAT WILL MEET THE TOWN COUNCIL PREVIEW? >> NO. >> NO, UNLESS WE AMENDED THE CODE. >> [OVERLAPPING] IT'S A SITE TEST? >> BECAUSE THE DEVELOPMENT AGREEMENT ALLOWS THEM TO MAINTAIN THEIR CURRENT ZONING AND, OR USE WHATEVER ZONING IS BENEFICIAL FOR THEM, CAN THEY PAY IN THE FUTURE FOR THE PURPOSES OF DESIGNATING IN SPACE GET ADDITIONAL ITEMS WHICH ARE NOT UNDER C3 BUT COULD BE ALLOWED UNDER THE AREA OVERLAY IN GENERAL. >> IF THEY HAD A PLANNED UNIT DEVELOPMENT, ARE YOU SAYING COULD THEY MODIFY IT IN THE FUTURE? >> FOR EXAMPLE, LET'S SAY THREE YEARS DOWN THE LINE, THEY CAME IN AND THEY WANT TO CHANGE THE RESTAURANT HOW TO AN EXTREME MARIJUANA CENTER. [00:35:01] IF ZONING IS APPROVED FOR THAT DISTRICT, WILL THAT BE SOMETHING THAT WOULD AUTOMATICALLY COME IN RIGHT FOR THEM? >> THE USES THAT ARE ALLOWED IN THE DISTRICT ARE LISTED IN THE C3 AS FAR AS- >> SOMETHING WOULD HAVE TO ADHERE TO C3 AND NOT THE FUTURE LAND USE COMMERCIAL DESIGNATION AND, OR OTHER SPECIAL DISTRICT DESIGNATION. >> THEY WOULDN'T NEED TO FOLLOW THE ZONING REGULATIONS THAT ARE THE USES THAT ARE USED BY RIGHT, OR SPECIAL EXCEPTIONS AND THE C3 OFFICE COMMERCIAL ZONING DISTRICT. >> GOING TO FUTURE ALSO >> THIS IS SOMEWHAT ARGUABLE BASED ON THE LANGUAGE AND THE CODE FOR PUD IS IN A COMMERCIAL ZONING DISTRICT. THEY WOULD HAVE HAD TO HAVE MADE A REQUEST FOR OTHER USES, AND THE COUNCIL WOULD HAVE TO MAKE A DETERMINATION AS PART OF THE PUD ORDINANCE VERBAL. [OVERLAPPING] THEY COULD COME BACK AND FILE AN AMENDMENT TO REQUEST SOMETHING LIKE THAT, BUT IT WOULD BE A WHOLE SEPARATE HEARING PROCESS. >> I'M SORRY. CAN I INTERRUPT FOR JUST A SECOND? IF YOU WOULDN'T MIND TAKING YOUR SEAT AND IF THEY HAVE A QUESTION, THEY'LL CALL YOU UP. THANK YOU. GO AHEAD. >> LET'S GO TO PARKING NUMBERS. UNDER SHARED PARKING IN YOUR REPORT PAGE NUMBER, SHERIFF PARKING TABLE AND YOU GUYS HAVE IT'S TABLE 10, WEEKDAY 9 TO FOUR, THE 70 PERCENT FOR THE LIMITED ANCILLARY RETAIL. IS THAT A STANDARD BY CODE, OR IS THAT SOMETHING THAT THEIR TRAFFIC ENGINEER GENERATED? >> THE SECOND BULLET POINT AFTER THAT, IT'S BY CODE. IT TELLS YOU THE CODE SECTION 27, 28, 31. >> I'M SORRY I MISSED WHAT YOU SAID. >> THE METHOD OF CALCULATION OF THE SHARED PARKING REDUCTION UTILIZED BY THE APPLICANT IS PROVIDED IN SECTION 27, 28, 31 TABLE 4, SO THE ANSWER IS YES. >> THE 10.4 PERCENT REDUCTION IS BY CODE I GET THAT. I'M ASKING IS THE 70 PERCENT CALCULATION, IS THAT ALSO A CODE? >> YES. >> THAT WAS MY ANSWER. I UNDERSTAND WHAT THE CODE REQUIREMENTS ARE AND HOW THIS IS GOING INTO PLACE WITH LIMITED UNTIL RETAIL, BUT I THINK MY QUESTION IS FOR THE USES THAT ARE DESIGNATED IN LIMITED ANCILLARY. I GUESS LET ME ASK THE APPLICANT DISCUSSION. APPLICANT SORRY, IF YOU COULD STAND UP, WHAT'S THE PLAN WILL TELL THEM COMING IN THERE? >> ONE OF THE SPACES WE'RE ALREADY PROPOSING IS GOING TO BE RESTAURANT USE. THAT'S INCLUDED IN OUR OVERALL RESTAURANT AREA CALCULATION. >> I'M ASKING ABOUT THE ANSWER IN RETAIL. >> WE'RE PROPOSING THESE. WE DON'T HAVE SPECIFIC TENANTS PICKED OUT YET, BUT PERSONAL SERVICE-ORIENTED SUPPORT USES WOULD BE IDENTIFIED TO GO IN THOSE SPACES, SO I'M TRYING TO THINK AN EXAMPLE. THE CODE IS FAIRLY SPECIFIC ON WHAT'S PERMITTED. >> I UNDERSTAND THAT BECAUSE OF THE USES AND THE TYPES OF USES THERE ARE THE PARKING TO ME IS VERY DIFFERENT. IF YOU ARE PUTTING BARBARA BEAUTY SALON TO ME IN PARKING REQUIREMENTS, EVEN IF THE CODE DOESN'T STATE IT. THERE IS A DIFFERENT IMPACT THAN AN OFFICE SUPPLY STORE. >> SCOPE FOR THE RECORD, ANCHOR THICK, GREAT QUESTIONS. THE ANCILLARY SPACE THERE ARE GOING TO USES THAT ARE SUPPORTIVE AND COLLABORATIVE TO THE OFFICE THAT WERE THERE. WHATEVER GOES THERE WOULD BE OUR GOAL BECAUSE WHAT WE'RE PROPOSING IS A CLASS-A OFFICE BUILDING. I CAN'T THINK MAYBE PERHAPS SOME OF THE SPACE AND HARBOR SIDE MIGHT BE CLASSY, BUT OTHER THAN THAT THERE'S NO CLASS-A OFFICE SPACE AND THE TENANT JUPITER. WE WOULD LOOK AT PROVIDING SERVICES THAT WOULD BE A BENEFIT TO THE EMPLOYEES THAT ARE WORKING IN THE BUILDING. COULD DRY CLEANER WOULD BE A GREAT PICKUP, NOT ACTUALLY ON SERVICE TYPE PICKUP, FLOWER SHOP. THE TYPES OF THINGS THAT YOU WOULD SEE IN SOME OF THE OFFICE BUILDINGS IN DOWNTOWN WEST PALM BEACH, IN THE LOBBIES OF SOME OF THE BUILDINGS THAT ARE PROVIDING [00:40:02] SUPPORT SERVICES PREDOMINANTLY TO THE EMPLOYEES. NOT THAT IT COULDN'T BE UTILIZED BY SOMEBODY ELSE, BUT THAT'S REALLY THE THOUGHT. THE OTHER THING THAT SPACE DOES, WE COULDN'T EXPLAIN IT ALL WITH THE 15 MINUTES THAT WE HAD. BUT WE WANTED TO CREATE A VERY STRONG CONNECTION FROM US 1, WE'RE PROPOSING A BUS STOP, WHICH IS NOT REQUIRED BY THE CODE. THEN WE HAVE A COVERED WALKWAY THAT WILL LEAD YOU UP IN OUR ARCADE ALL THE WAY UP TO THE MAIN BUILDING. THOSE SPACES THAT ARE ALONG THE ARCADE, OR INTENDED ALSO TO HELP ACTIVATE THAT SPACE SO THAT THERE IS SOMETHING FOR PEDESTRIANS TO SEE AND ENJOY. THAT WHY WE DON'T BELIEVE THAT THERE'S A MARKET TODAY FOR BUS SERVICE. WE DO THINK TRANSIT 20, 30, 40 YEARS FROM NOW IT'S GOING TO BE MUCH DIFFERENT THAN IT IS TODAY AND THE APPLICANT HAS COMMITTED TO THAT AS A PART OF THEIR SUSTAINABILITY PLATFORM. THOSE ARE THE USES WILL BE BALANCING ALL OF THE USERS THROUGHOUT THE LEASING OF THE SITE. >> NOT ONLY YOU'RE UP THERE ON WHERE ARE THE PERVIOUS PAVERS? BECAUSE I WAS LOOKING THROUGH THE TOWN, BY THE WAY FOR FUTURE PURPOSES. IF YOU CAN PROVIDE A PDF OR SOMETHING WE CAN ENLARGE READING THROUGH THESE SMALLER DIAGRAMS. >> WE'RE HAPPY TO. WE'VE GOT HIGH-RESOLUTION STUFF THAT WE'LL DO. THE PREVIOUS PAVERS ARE BASICALLY WITHIN THE ROUNDABOUT AREA, IS THAT CORRECT? >> THERE'S THERE'S TWO MAIN LOCATIONS. THE THING GETS LABELED AS A TENANT COURTYARD, GARDEN COURTYARD ON THE EXISTING BUILDING. IT'S ON THE NORTH EAST CORNER OF THE BUILDING, AS WELL AS THERE'S SOME PREVIOUS PAVERS ALONG NEW BUILDING WHERE THE TWO PORTIONS MEET AT IT ALMOST A CORNER, A LITTLE PAVER AREA, AND IF SURROUNDED BY LANDSCAPING, IT'S ON AGAIN THE NORTH EAST SIDE OF THE NEW BUILDING. >> MY QUESTION TO YOU DON IS, IS IT COST-PROHIBITIVE TO MAKE IT 33-35 PERCENT BY USING PERVIOUS PAVERS MORE? >> TECHNICALLY, I THINK WE MEET THE REQUIREMENT, OR CLOSE TO THE PREVIOUS PAVERS CAN NOT COUNT AS GREEN SPACE. WE WERE DOING IT AS AN ADDITIONAL SUSTAINABILITY ELEMENT WHERE WE CAN PROVIDE PREVIOUS PAVERS, IT'S A NET BENEFIT. >> IT DOESN'T COUNT AS GREEN SPACE, BUT OUR INTENT WAS TO BASICALLY SHOW YOU HOW WE COULD GET TO THE 35 PERCENT BY UTILIZING ELEMENTS SUCH AS PERVIOUS PAVERS EVEN THOUGH THEY DON'T COUNT. >> I LOVED THE IDEA. TO EXPAND A LITTLE BIT MORE. YOU WANT TO JUST KEEP IT THAT WAY? >> WE'RE CERTAINLY HAPPY TO LOOK AT IT. I'D HAVE TO LOOK TO SEE WHERE THEY ARE BECAUSE THEY ONLY FUNCTION IN CERTAIN AREAS. >> AGAIN, THIS IS GOING TO BE FOR DON, I THINK I'M GOING TO NEED YOU TO PULL UP THE GARAGE PARKING PLANS IF YOU CAN. >> WHERE DO YOU LOG IN? DO YOU HAVE THEM TOO? I HAVEN'T TO HIGH SECURITY. DIDN'T KNOW. >> THAT'S OKAY. >> HERE WE GO. >> IF YOU WANT TO START FIRST WITH ANYTHING SHOWING THE SUBGRADE LEVEL? >> YEAH. THIS SHEET HERE, THE BOTTOM GRAPHIC SHOWS THE SUBGRADE LEVEL. >> ON THE SUBGRADE LEVEL, THE RIGHT CORNER, THE BOTTOM AREA, WHAT'S THE DRIVE OUT WIDTH THERE? >> IN THIS LOCATION YOUR HONOR, CAN YOU SEE? >> YEAH. >> IT'S GOING TO BE CONSISTENT ACROSS ALL FLOORS AND MEET THE MINIMUM, I THINK IT IS 25 FEET MINIMUM FOR THE 90 DEGREE BACKUP PARKING CONSIDERING THE WIDTH. >> NO, I'M NOT WORRIED ABOUT THE BACK OUT PARKING. I'M TALKING ABOUT WHAT'S THE ACTUAL DRIVE OUT WIDTH? >> I BELIEVE THE DRIVE OUT WIDTH IN THAT LOCATION WOULD BE 25 FEET. >> IT'S 25 FEET, OKAY. SORRY, I HEARD SOMETHING DIFFERENT, SORRY. SO 25 FEET. THAT'S FINE. ON THAT SAME ONE, NOW, TO ME, THERE'S A HUGE PLAINTIFF CONFLICT. I'M NOT SURE HOW I CAN EXPLAIN THIS, BUT IF YOU LOOK AT THAT SINGULAR PARKING SPOT WHICH IS AT AN ANGLE BEHIND THE STAIRCASE? [00:45:09] >> WHICH LOCATION? >> IT'S THE SINGULAR PARKING SPOT BEHIND THE STAIRCASE. CAN YOU SEE THAT AREA RIGHT THERE? >> THIS IS SO SMALL. [LAUGHTER] THAT WAS NOT THE ONE. [LAUGHTER] >> LOOK AT THE DIAGONAL. >> IT'S THIS BIG. >> IT'S LIKE A MAGNET. >> THE BAR IS COMING UP BUT YES, IN THAT GENERAL AREA ON THE BOTTOM CORNER. >> WHAT LOCATION? >> YOU'VE GOT THE DOWN RAMP COMING IN GOING STRAIGHT, YOU'VE GOT THE BACKUP HAPPENING, AND THEN YOU'VE GOT THE CIRCULAR MOVEMENT TRYING TO MAKE A LEFT TURN WITH A WALL IN BETWEEN, SO THERE'S NO SIGHT DISTANCING. THAT LEFT TURN, THE BACKUP, AND THE FRONT TURN THAT'S A HUGE POINT OF CONFLICT. >> ARE YOU TALKING RIGHT THERE? >> THAT IS CORRECT. >> THERE'S A COUPLE OF COLUMNS BUT THERE'S NO WALL, SO YOU HAVE [OVERLAPPING] >> THERE'S NO WALL? >> NO. THAT'S DOUBLE STRIPING OF THE PARKING SPOT. >> SORRY, I THOUGHT THAT WAS A WALL. >> YOU'RE ALLOWED TO GO 20 FEET WHEN IT SAYS DRIVE LINKS. >> NO, THAT'S FINE. WHEN IT LOOKS LIKE A WALL JUST BECAUSE OF POINT OF CONFLICT. >> TOTALLY UNDERSTAND. NO, I WOULD DO THAT. IT'S TIGHT. IT WOULD BE MAYBE AN EMPLOYEE SPOT. JUST TO AGAIN, TRYING TO MEET ALL THE PARKING NEEDS. ANOTHER THING I WANTED TO POINT OUT WHICH I THINK IS IMPORTANT IN REGARDS TO THE SMALL SHOPS THAT YOU BROUGHT UP EARLIER. THEY ARE THERE TO ALSO GIVE US A LINER EFFECT WHICH CREATES A NICE SENSE OF WALKABILITY VERSUS HAVING AN EXPOSED PARKING GARAGE. >> CAN YOU NOW GO TO, THAT'S GROUND LEVEL, CORRECT? >> YES. >> NOW ENTRY COMING IN BUT HAS THE OPTION TO EITHER GO STRAIGHT DOWN THE RAMP OR MAKE A RIGHT TURN, CORRECT? >> YES, SIR. >> STRAIGHT DOWN ON THIS ON ME IS OUR ONLY EMPLOYEE PARKING? >> PEOPLE IN THE VIP PARKING FOR THE PEOPLE IN THE BUILDING, YES. >> ARE YOU GOING TO HAVE SIGNAGE SAYING THAT? >> YES, AND THERE'S GOING TO BE A VALET PROGRAM AND A PARKING PROGRAM FOR THE PROPERTY. >> NO. YOU MUST HAVE THAT VALET PROGRAM. MY QUESTION IS, IS THERE A SIGNAGE SAYING WHEN THEY ENTER THE GARAGE THAT YOU HAVE TO MAKE A RIGHT TURN IF YOU'RE A GUEST? >> WE HAVE FOBS AVAILABLE, SO IT'LL BE SECURE PARKING FOR THAT SECTION OF THE BUILDING. >> YOU'RE AWARE YOU ARE GOING TO PUT THE GATE THEN BUT I DON'T SEE THE SPACE THERE TO PUT A. >> WELL, THESE ARE CONCEPTUAL DRAWINGS, BUT NOW YOU WENT TO THE FULL SET. >> YEAH. LET'S BACKUP ONE PAGE. >> THERE'S A LOT OF ROOM OVER HERE. >> I WAS WONDERING WE COULD FIGURE IT OUT. >> YEAH, I GOT YOU. [BACKGROUND] >> MY QUESTION IS, IF YOU DON'T HAVE SIGNS, A PERSON COMING TO VISIT YOUR RESTAURANT, BY DEFAULT IF HE'S GOING IN THE GARAGE IS GOING TO HEAD DOWN. >> WE'LL HAVE SIGNAGE. YES. >> YOU'RE GOING TO HAVE SIGNAGE SAYING TAKE A RIGHT? >> YES. >> DO YOU HAVE ENOUGH DISTANCE FOR THAT? >> AGAIN, THESE ARE CONCEPTUAL DRAWINGS, BUT THERE WILL BE WAYFINDING SIGNAGE, THERE WILL BE SECURED AREAS FOR PEOPLE THAT WORK IN THE BUILDING. ITS ACTUALLY LAYS OUT VERY NICELY BECAUSE IT'S RIGHT UNDERNEATH THE BUILDING FOOTPRINT. THE REST OF THE GARAGE IS A VERY SIMPLE UP AND DOWN LOOP. IT'S A VERY LIMITED AREA. >> NOW LET'S GO BACK TO THIS SAME THING BECAUSE I THOUGHT IT WAS A WALL. IS THIS NOT A WALL ON THE SIDE TO THE GARAGE ENTRANCE? IS THAT ALSO JUST COLUMNS WITH THE OPEN? >> ARE YOU SPEAKING ON THE GROUND FLOOR, ON THE SOUTH SIDE OF THE GARAGE? >> GROUND FLOOR. IN THE ENTRY, THE RIGHT SIDE OF THE ENTRY, IS THAT ALL JUST COLUMNS WITH OPEN OR IS THAT ACTUALLY BLOCKED OFF WITH NO VIEW OF THE INSIDE? >> IT'S ALL OPEN INSIDE THE GARAGE, IT'S ALL OPEN. >> NO, NOT INSIDE. IN THE EXTERIOR STRUCTURE. >> YES, IT'S OPENING. SHOW HIM THE ELEVATION. [BACKGROUND] THERE YOU GO. SEE THE THREE BIG OPENINGS? >> CAN YOU ALSO GO TO VIEW AND GO TO FULL SCREEN? >> HOW DO WE DO THAT? [BACKGROUND] THANK YOU. >> YOU SEE THERE THE THREE OPENINGS, KEVIN? I'M COOL. THAT'S ALL OPEN WHEN YOU DRIVE INTO THE BUILDING. >> THEN THEY CAN VIEW. BECAUSE AGAIN, I THOUGHT THIS WAS A WALL. I COULDN'T MAKE OUT THAT THERE'S A SERVER. >> NO, THE QUESTION'S PERFECT. >> TRAFFIC FLOW. [00:50:07] THIS QUESTION IS FOR THE TOWN ATTORNEY. THERE'S A COVENANT RUNNING WITH THE LAND. THE COVENANT SPECIFICALLY STATES THAT THE OWNER IS EXEMPT FROM ANY EXPENSES INCURRED IN BURIAL UNDERGROUND CONSTRUCTION OR MOVING ANY OVERHEAD POWER LINES. IT'S SECTION 3B. IS THAT BEING AMENDED AS PART OF US ASKING FOR PAYMENT FOR THAT BECAUSE THAT'S A COVENANT? >> I'M ASSUMING A MOVEMENT TO THE COVENANT. >> BASED ON THIS, LET'S GO TO STAFF THEN. IF THE COVENANT IS NOT BEING AMENDED, HOW ARE YOU RECOMMENDING OR ASKING FOR A CONDITION OF UNDERGROUNDING? >> BECAUSE THE APPLICANT HAS OFFERED THAT DESPITE THE FACT THAT THEY DON'T HAVE TO. THAT'S WHY IT'S BEING RECOGNIZED AS A POTENTIAL PUBLIC BENEFIT. >> THEN I THINK YOU WILL HAVE TO PUT IN AS A CONDITION TO AMEND THE COVENANT ALSO. >> I WILL DEFER TO THE TOWN ATTORNEY. IN MY OPINION IT WASN'T NECESSARY. >> I DON'T THINK SO. >> THEY'RE NOT IN CONFLICT. THEY'RE OFFERING SOMETHING ABOVE AND BEYOND WHAT THEY'RE OBLIGATED TO DO. >> NOW SAME THING THAT GOES WITH PART C, WHICH IS THEY'RE NOT GOING TO BE [INAUDIBLE] IMPROVEMENTS AND ONE THING ON YOUR SIDE WHERE ONE IS THE SAME THING, I GUESS YOU'RE SAYING THAT BY JUST THEM OFFERING. >> RIGHT. >> WELL, ACTUALLY, ARE THEY EVEN OFFERING FOR THE LANDSCAPE MEANING CONTRIBUTION? >> THAT IS ACTUALLY A SEPARATE REQUIREMENT BECAUSE THEY ARE NOT BEING ASKED TO PAY FOR THE MEDIAN CHARGE. IT'S A FOOT BY FOOT CHARGE FOR ALL DEVELOPMENTS ALONG CERTAIN ROADWAYS. WE'RE NOT ASKING FOR THAT TO BE PAID BECAUSE IT'S NOT REQUIRED FOR THAT AGREEMENT THAT YOU'RE REFERRING TO. HOWEVER, AS PART OF THEIR PROJECT PROPOSAL, THEY'RE PROPOSING TO MODIFY MEDIANS WITHIN THE US ONE QUARTER THAT REDUCE LANDSCAPE IMPROVEMENTS. AND SO WE'RE ASKING WHEN THEY RELOCATE THAT TURN LANE, THAT THEY REPLACE LANDSCAPING IN THE AREA WHERE THE OLD TURN LANE WAS. >> TOWN ATTORNEY, WILL THAT BE IN CONFLICT TO THIS COVENANT? >> NO. I AGREE WITH SOME OF THE FELLOW COMMISSIONERS AND I THINK THE CONSTRUCTION MITIGATION PLAN WOULD BE APPROPRIATE FOR STAFF TO LOOK AT. I THINK I'M GOOD FOR YOU. >> THANK YOU. COMMISIONER [INAUDIBLE] >> THIS IS A QUESTION FOR STAFF. I THINK WE NEED TO GET SOME MORE CLARITY ON THE LARGE-SCALE PUD THAT THEY'RE REQUESTING FOR THE WAIVER. SEE IF I'VE GOT THIS CORRECT, PETER. THERE IN THE C3 ZONING DISTRICT AND SO THE MINIMUM GREEN SPACE REQUIREMENT IS 35 PERCENT. THEY WANT TO GIVE LESS THAN 35 PERCENT. THEY'VE ASKED FOR A WAIVER TO HAVE THEIR PROJECT BE CATEGORIZED AS A LARGE-SCALE PUD RATHER THAN A SMALL-SCALE PUD. SMALL-SCALE PUDS WERE CREATED FOR PARCELS UNDER 10 ACRES, BUT THEY HAVE SPECIFIC REQUIREMENTS THAT THEY HAVE TO MEET WHICH THIS APPLICANT CANNOT. THAT'S WHY THEY'RE ASKING FOR A WAIVER FOR THE LARGE-SCALE PUD. THEY SHOULD BE HELD TO A LARGER AMOUNT OF GREEN SPACE. BUT IF THEY HAVE A LARGE-SCALE PUD, THEN THEY ARE REQUIRED TO PROVIDE SUBSTANTIAL PUBLIC BENEFIT IN ORDER TO GET THAT WAIVER. I WANTED TO GET A LITTLE BIT OF CLARITY TO MAKE SURE THAT THE COMMISSION UNDERSTANDS IF WE GIVE THEM THE WAIVER FOR A LARGE-SCALE PUD, THEY ARE REQUIRED TO PROVIDE SUBSTANTIAL PUBLIC BENEFIT. THE REASON THAT THEY ARE ALSO ASKING FOR LARGE-SCALE PUD IS TO LESSEN THE AMOUNT OF GREEN SPACE THAT IS REQUIRED. REALLY I HAVE THAT CORRECT? >> THAT'S CORRECT. >> GOING ON TO SOME OF MY OTHER QUESTIONS IS THAT EVERYTHING IN THAT AREA IS HIGH, [00:55:04] BUT I'M STILL SENSITIVE TO THE HEIGHT COMPARISON. I KNOW YOU AND I TALKED ABOUT COMPARING MANGROVE BAY AND JUPITER YACHT CLUB. THIS PROJECT IN FRONT OF US, THE TOWER HAS A 76 FOOT, 5 INCH MEAN. FROM WHAT I WAS LOOKING AT IN MY DETERMINATION, THE LARGE TOWER IS A LITTLE BIT HIGHER THAN ANYTHING ELSE. DID YOU HAVE A CHANCE TO LOOK AT THOSE, PETER? >> YEAH. WE LOOKED AT THE JUPITER YACHT CLUB OF THE SOUTH BUILDINGS AND THOSE WERE 71, I BELIEVE. THEY DID HAVE SOME LITTLE TALLER ELEMENTS BUT THEY WEREN'T MUCH TALLER. IT WAS PRETTY CLOSE. I BELIEVE BUILDING B, THE POINT BUILDING AND JUPITER YACHT CLUB MAY GO AS HIGH AS 85 FEET. IN THE CENTER THEY HAVE A SEVENTH STORY, IT'S THE HIGHEST BUILDING WITHIN JUPITER YACHT CLUB. IT ACTUALLY GOES TO A SEVEN STORY, I BELIEVE, AND THERE'S SOME TOWER ELEMENTS ON THAT PIECE AS WELL. I BELIEVE THAT'S THE TALLEST ONE IN COMPARISON. >> ALSO I HAD ASKED YOU QUESTIONS ABOUT RETAIL IN THAT AREA AND HISTORICALLY, CAN YOU SHARE A LITTLE BIT ABOUT ANY CONCERNS THAT STAFF MIGHT HAVE HAD ABOUT RETAIL IN THAT AREA AND HISTORICALLY WHAT HAPPENED WITH JUPITER YACHT CLUB RETAIL? >> WITH JUPITER YACHT CLUB, I THINK I EXPLAINED IT AS ALMOST OPPOSITE WHERE THEY WERE REQUIRED TO HAVE RETAIL ON THE FIRST FLOOR AND ACTIVE USES, AND THEY COULD HAVE RETAIL BUT NOT PUT OFFICES IN. WITH THIS COMMERCIAL C3 ZONING AND THE USES THAT ARE ALLOWED IN THERE, THEY'RE PRETTY LIMITED. THAT'S WHY WE LISTED IN THE STAFF REPORT THE SPECIFIC USES THAT ARE ALLOWED IN C3 TO DEMONSTRATE HOW LIMITED THEY ARE. THE CONCERNS WERE BEING ABLE TO FILL THOSE SPACES WITH THOSE VERY SPECIFIC USES AND NOT SOMETHING MORE GENERAL LIKE A REGULAR RETAIL. >> I CAN'T REMEMBER HOW LONG AGO JUPITER YACHT CLUB CAME BACK FOR AN AMENDMENT BECAUSE A LOT OF THEIR RETAIL DID NOT BECOME SUCCESSFUL, IT WASN'T VIABLE. >> THEY DID MAKE SEVERAL ATTEMPTS ALONG MY WAY TO TRY TO DO THAT IN PARTICULAR ON THE RETAIL BUILDING. WAS CALLED THE RETAIL BUILDING BECAUSE IT IS A TWO-STORY BUILDING WHERE THE JUPITER DIVE BAR IS. THAT BUILDING WAS APPROVED ON THE SECOND FLOOR FOR RETAIL AND THEY WANTED TO PUT OFFICE IN THAT SPACE. NORMALLY, WE WOULD JUST ALLOW THAT TO HAPPEN, BUT THE COUNCIL HAD RAISED SPECIFIC CONCERN OR A SENSITIVITY TO THAT BEING SOMETHING OTHER THAN RETAIL. THEY HAD TO GO BACK THROUGH AN AMENDMENT PROCESS TO ALLOW THAT TO BE OFFICE. ON THE OTHER BUILDING, THE MARRINER BUILDING, WHICH IS ON THE SOUTH SIDE THAT HAVE THE MANDATORY RETAIL ON THE FIRST FLOOR. THEY WANTED TO PUT OFFICE IN THAT BUILDING. THEY DID GET SOME ADDITIONAL PERMISSION. I DON'T REMEMBER THE DETAILS, BUT THEY WANTED TO HAVE THAT BE ALL OFFICE. THAT'S BECAUSE IT FACES THE [INAUDIBLE] SO IT HAS A DIFFERENT REQUIREMENT. IN THIS SUBJECT PROPERTY HERE WITH THE C3 ZONING, NOT ONLY AS THE RETAIL, NOT A REQUIREMENT, IT'S NOT REQUIRED TO FACE THE RIVERWALK. THANKFULLY, THEY ACTUALLY DID PUT AN ACTIVE USE OF FACING THE RIVERWALK. IT ACTUALLY MEET SOME OF THE INTENT OF THE US ONE-QUARTER WITHOUT BEING REQUIRED TO DO SO. ON THE LIMITED RETAIL SPACES THAT YOU'RE REFERRING TO THAT ARE FACING THE PARKING LOT, THERE'S NOT A REQUIREMENT THAT THEY BE RETAIL. THEY COULD COME BACK AND CHANGE THAT TO A LESSER USE SUCH AS OFFICE IN THE FUTURE AND THAT WOULD BE PERMISSIBLE. IT WOULD BE SOMETHING TO BE ALLOWED AS A USE BY RIGHT. >> BECAUSE THE STAFF REPORT POINTED OUT THAT RETAIL IS NOT A USE BY RIGHT OR SPECIAL EXCEPTION IN THE C3. HOW DID RETAIL EVEN COME ABOUT? >> IT'S LIMITED RETAIL. WHEN WE USE THE WORD OR TERM RETAIL, IT'S THE BROAD DEFINITION OF RETAIL, SO ALL OF THE RETAIL USES. IN THE C3, ONLY THAT NARROW GROUP OF RETAIL THAT'S DEFINED IN THE CODE AS BEING LIMITED RETAIL CAN BE ALLOWED THERE. >> IF THAT RETAIL, I'VE NOTICED SINCE SEVERAL AREAS STAFF REPORT AND ALSO THE STATEMENT OF USE BY THE APPLICANT, IT WAS TO PROVIDE MORE OF A VISUAL INTERESTS SO THAT IT WASN'T JUST A PLAIN WALL. I ALSO NOTICED THAT THE APPLICANT HAD SAID THAT IT WAS PART OF A MIXTURE TO MAKE THE DEVELOPMENT SUSTAINABLE. [01:00:03] ALTHOUGH, WORRYING ABOUT WHETHER OR NOT THOSE BUSINESSES ARE GOING TO BE FILLED AND IT'S SO LIMITED. WE WANT TO HAVE BUSINESSES TO BE SUCCESSFUL. WE DON'T WANT TO START OUT IN THE BEGINNING AND SET THEM UP FOR FAILURE. DID STAFF TALK WITH THE APPLICANT AT ALL ABOUT MAYBE A FULL FACADE TO MAKE IT INTERESTING RATHER THAN ACTUALLY PUTTING RETAIL THERE. >> NO, I WOULD CONSIDER THAT AT AN INFERIOR TREATMENT. BECAUSE IT'S FOREST. YOU'RE TRYING TO MAKE IT LOOK LIKE SOMETHING. WE WENT TO A LOT OF EFFORT TO WORK WITH THE APPLICANT TO REDUCE THE HEIGHT OF THE GARAGE PORTION OF THE BUILDING, THE STRUCTURED PORTION. IT HAD AN ADDITIONAL LEVEL OF PARKING ON IT. WE WORKED TIRELESSLY TO TRY TO FIGURE OUT HOW WE CAN BE MORE EFFICIENT WITH THE PARKING LOT AND THE LAYOUT IN ORDER TO GET RID OF THAT LEVEL OF PARKING. BECAUSE IT'S MUCH MORE DIFFICULT, IN MY OPINION, TO DISGUISE A BUILDING THE BIGGER IT GETS. NOW THAT THEY'VE TAKEN ONE IN FLORIDA AT THE BOTTOM OF THE BASE AND PUT AN ACTIVE USE, LIMITED RETAIL OR WHETHER IT BE A CHANGE IN THE USE IN THE FUTURE, POTENTIALLY TO MEDICAL OFFICE OR AN OFFICE USE. IT'S STILL GOING TO HAVE TRANSPARENCE, ANY ACTIVITY, UNLIKE PUTTING FOR TREATMENTS AND THINGS LIKE THAT THAT OCCUR ABOVE THAT. >> THANK YOU. NO MORE QUESTIONS. >> I DO HAVE QUESTIONS. I FIGURED WITH SO MANY OF US HERE TONIGHT I WOULDN'T, BUT I DO. IN THE DEDICATION FOR THE RIVERWALK ORIGINALLY, WHEN THEY DEDICATED THAT SPACE ON THE PROPERTY, WERE THERE ANY AGREEMENTS AS TO WHAT SETBACKS THEY WOULD BE ENTITLED TO IN THE FUTURE SINCE I THINK HE SAID IT WAS 50 FEET FROM THE PROPERTY LINE NOW OR SOMETHING. >> THE SHORT ANSWER IS NO. THE DEVELOPMENT AGREEMENT AND THE COVENANTS RUNNING WITH THE LAND ARE PROVIDED AND ATTACHMENT H AND I, OPEN SPACE WAS SOMETHING THAT WAS DISCUSSED BUT NOT SETBACKS. >> THE MINIMUM SETBACK IS 30 FEET. >> FROM THE REAR, YES. >> THEY'RE ASKING 24.56. THERE'S NOTHING IN THAT AGREEMENT WHEN THEY DEDICATED THE RIVERWALK THAT WOULD SAY THAT THEY'RE ENTITLED TO A SPECIAL EXCEPTION OR A WAIVER FOR. >> THAT ONE STUFFS INTERPRETATION OF THE LANGUAGE THAT THERE WAS NOT. >> JUST TO MAKE A POINT THAT THE 24 FEET THAT YOU'RE REFERRING TO, IS THAT THE SETBACK FROM THE MEAN HIGH WATER TO IMPROVEMENTS OR? >> NO, THAT'S FROM THE RIVERWALK PROPERTY LINE TO THE PROPOSED CONVERSION OF THE COVERED PARKING TO THE OUTDOOR PAVILION. >> OKAY. >> THE PORTIONS OF THE BUILDING OR EVEN CLOSE TO THE EXISTING OR EVEN CLOSER. >> THANK YOU. >> ALL RIGHT. >> AGAIN, CAN WE TALK ABOUT LARGE-SCALE VERSUS SMALL-SCALE? THAT'S REALLY THE BIG ASK HERE, RIGHT? >> YEAH. >> IS THAT THERE SHOULD BE A SMALL-SCALE PD, THEY COULD ASK FOR IT. >> THEY COULD ASK FOR IT. AS WE WERE JUST DISCUSSING WITH COMMISSIONER HAY MB HAGUE, WHEN SHE WAS ASKING THAT QUESTION AND IT BROUGHT ME BACK TO WHAT RICK WAS SAYING WAS THAT THEY WERE USING GREEN BUILDING TECHNIQUES, ONE OF THE SMALL SCALE. WHEN I ASKED MR. MIDSUMMER ABOUT DOING A SMALL SCALE, THE SECOND CRITERIA WHICH COULD BE A MUTUAL PUBLIC BENEFIT TO THE TOWN, IS UTILIZING GREEN DESIGN THEORIES AND TECHNIQUES ENUMERATED IN DIVISION 18, ARTICLE 11. IF THEY ARE INDEED DOING A GREEN BUILDING. >> THAT OTHER SECTION OF THE CODE REFERS TO CERTIFICATION BY THE FLORIDA GREEN BUILDING COALITION OR A LEED CERTIFICATION. >> THAT'S IN THE SMALL SCALE? >> THAT'S ONE OF THE REAL SPECIFIC PUBLIC BENEFITS. >> CAN YOU GIVE US A BRIEF OVERVIEW WITH THE OTHER BENEFITS REALLY QUICKLY? >> ABSOLUTELY. MEETING THE GENERAL PLANNING PRINCIPLES AND LAND DEVELOPMENT REGULATIONS AND THE REDEVELOPMENT OVERLAY AREA, THE GREEN. >> WHICH IS NOT APPLICABLE, THEY'RE NOT IN A REDEVELOPMENT OVERLAY AREA. >> THE GREEN ONES WE JUST DISCUSSED NUMBER 3 IS PROVIDE WORKFORCE HOUSING UNITS WHICH EXCEED THE NUMBER OF UNITS REQUIRED TO IMPLEMENT A POLICY OF THE HOUSING ELEMENT OF THE COMP PLAN. ACCOMMODATE HIGH-TECHNOLOGY AND LIFE SCIENCE USES, INCLUDING BIO-SCIENCE, DESIGNATION OF A LOCAL HISTORIC SITE STRUCTURE OR BUILDING AND WE'RE TURNING OVER SIGNIFICANT ARCHAEOLOGICAL ARTIFACTS. THEN THE SIXTH ONE IS PROVIDED FOR TRAFFIC OR TRANSPORTATION RIGHT-OF-WAY EASEMENTS OR IMPROVEMENTS ABOVE AND BEYOND THE REQUIREMENTS TO MEET TRAFFIC CONCURRENCY. >> THE TRAFFIC CONCURRENCY, WOULD THAT HELP THE IMPROVEMENTS ON US ONE, WOULD THAT QUALIFY? >> YEAH. IT WOULD BE LIKE IF THEY WERE DOING LIKE A ROADWAY EXPANSION OR [01:05:10] ADDING UNNECESSARY TURN LANE OR SOME SECOND TURN LANE AT AN INTERSECTION BECAUSE THE INTERSECTION WAS FAILING LEVEL OF SERVICE AND THEY FUNDED AN IMPROVEMENT TO MITIGATE THAT LEVEL OF SERVICE DEFICIENCY, THEN THEY COULD ASK FOR A CREDIT OR A QUALIFICATION AS A PUBLIC BENEFIT. >> DO THEY HAVE TO MEET ANY CERTAIN AMOUNT OF THESE QUALIFICATIONS? DO THEY HAVE TO PROVIDE ANY OF THESE BENEFITS IN A SMALL-SCALE AT MINIMUM NUMBER OR IS IT JUST? >> ONE OR MORE. >> ONE OR MORE. >> CAN I ASK A QUICK QUESTION? >> SURE. >> THEY'RE PLANNING THEIR FUTURE EASEMENT TO THE POST WESTERN SIDE, RIGHT? >> YES. >> WARNING THAT CAMERA IS THAT LAST POINT YOU JUST SAID? >> YOU CAN MAKE THAT INTERPRETATION THAT WOULD NOT BE OUR RECOMMENDATION. I DON'T SEE THAT AS ANY SIGNIFICANT TRAFFIC MITIGATING. IF WE WERE TALKING LIKE WHEN WE DID A CONNECTION AT CHATSWORTH PLAZA AND THEY CONNECT IT TO WALMART, THAT WAS SIGNIFICANT BECAUSE YOU ARE CONNECTING TO HIGH TRAFFIC GENERATION USES BY MAKING A CONNECTION OR IF THERE WAS A CONNECTION ACROSS. >> THE COUNCIL CAN INTERPRET THAT AS A PUBLIC [INAUDIBLE]. >> THAT'S WHY I SAID YOU CAN MAKE THAT RECOMMENDATION AS STAFF. I WOULD NOT BRING THAT FORWARD TO YOU AND MAKE A RECOMMENDATION THAT THAT WOULD BE CONSIDERED A PUBLIC BENEFIT DUE TO ITS LACK OF SIGNIFICANCE IN MY OPINION. >> IN THE CONVERSATIONS ABOUT THE TRAFFIC, IN AND OUT TURN, WAS THERE ANY CONVERSATION ABOUT MAKING IT A, I DON'T KNOW HOW TO PROPERLY SAY THIS, BUT SO THAT IF YOU COME OUT AND YOU WANTED TO TAKE A LEFT-HAND TURN, THAT THERE'S A WAY TO DO THAT IN THAT AREA INSTEAD OF HAVING TO MAKE THE RIGHT-HAND TURN AND THEN HAVE TO GO DOWN TO THE RIGHT AND MAKE A U-TURN IF YOU HAVE TO GO BACK NORTH? >> THOSE DESIGN AND PROBABLY MR. MIDSUMMER CAN ELABORATE A LITTLE BIT MORE, BUT THOSE DESIGN CONDITIONS OF APPROVAL WERE IN THEIR TRAFFIC APPROVAL. SOME OF THE CONDITIONS OF APPROVAL FROM PALM BEACH COUNTY WHERE TO CLOSE, BASICALLY RECONFIGURE THEIR ENTRANCES. >> YEAH, I KNOW THAT THEY SAID THEY HAD TO RECONFIGURE THE INTERESTS IS BUT I DIDN'T. >> SORRY TO INTERRUPT. >> GO AHEAD. >> TYPICALLY TO HAVE THE LEFT-OUT CREATES HIS MORE ATTACK TRAFFIC CONFLICT AND SAFETY ISSUES SO WE TYPICALLY DON'T ENCOURAGE THAT. TYPICALLY, I THINK IT'S STATISTICALLY SAFER TO MAKE THE RIGHT TURN GO FURTHER SOUTH AND MAKE A U-TURN IN AN APPROPRIATE LOCATION BECAUSE YOU'RE NOT CREATING MULTIPLE CONFLICTS BETWEEN TURNING MOVEMENTS IN A FULL OPEN MEDIUMS WITHOUT A SIGNAL. >> THANK YOU. THEN THIS WOULD BE A QUESTION FOR THE APPLICANT AND MAYBE MR. HEARING, WE'D LIKE TO SPEAK ON THIS BECAUSE HE SPOKE ON IT PREVIOUSLY ABOUT THE RETAIL USES, HOW MANY PEOPLE ARE GOING TO BE IN THE OFFICES, THE EXISTING BUILDING, AND THE NEW BUILDING? >> IT'S HARD TO TELL HOW MANY PEOPLE THAT YOU'RE GOING TO BE THERE, BUT I WOULD ANTICIPATE SEVERAL HUNDRED COUPLE. >> TWO OR THREE? >> TWO HUNDRED AND FIFTY PEOPLE I WOULD THINK THERE WOULD BE IN THERE PLUS THE USERS OF THE RESTAURANT WHICH WOULD BE ADDITION TO THAT. >> IN THE DESIGN OF THE BUILDING, IT'S SETBACK OFF THE ROAD. YOU HAVE TO, I'M GOING TO GIVE YOU 300 PEOPLE IN THE BUILDING. YOU HAVE HOW MANY RETAIL BASE? >> IT COULD BE, SAY FIVE OR SIX. >> WE HAVE FIVE OR SIX RETAIL BASE THAT WOULD NEED TO BE FILLED. >> THEY'RE SMALL SPACES SO THEY'RE VERY NARROW BECAUSE THEY'RE ONLY 20 FEET DEEP BECAUSE THEY'RE LINER. IF YOU WERE TO COMPARE THAT TO A TRADITIONAL RETAIL STORE, TRADITIONAL RETAIL WOULD BE ABOUT 20 FEET BY 50 FEET WIDE SO THESE ARE RELATIVELY SMALL. >> UNDERSTOOD. >> THEY WILL HAVE SIGNAGE AND SO WE THINK THAT WE'LL HAVE A GOOD COMPLEMENT OF SERVICES. >> I HAVEN'T GOTTEN TO MY QUESTION YET. WE HAVE ABOUT, I'M GOING TO SAY 300 PEOPLE IN THE BUILDINGS ON A DAY-TO-DAY BASIS. I'M THINKING IT'S MONDAY THROUGH FRIDAY, CORRECT? SATURDAYS AND SUNDAYS MAYBE, BUT PROBABLY NOT. ON SATURDAYS AND SUNDAYS, WE HAVE LESS USE OF THE OFFICE SPACE THERE. THE RESTAURANT FACES THOUGH RIVERWALK, BUT IT'S BACK OFF US 1 AND IT'S HIDDEN. IT HAS TO BE A DESTINATION. YOU HAVE TO WANT TO GO THERE. BECAUSE 300 PEOPLE MONDAY THROUGH FRIDAY IS NOT GOING TO SUPPORT [01:10:01] A RESTAURANT BECAUSE EVERY SINGLE ONE OF THEM WOULD HAVE TO EAT THERE EVERY DAY, TWICE A DAY, AND THEN BRING FRIENDS [LAUGHTER] THEN THAT'S MY CONCERN ABOUT THE RETAIL SPACE AS WELL, IS BECAUSE EVEN WITH THE ANCILLARY RETAIL SPACE FOR THE PEOPLE IN THE BUILDING, YOU STILL NEED TO HAVE HUNDREDS OF PEOPLE EVERY DAY TO SHOP IN THOSE STORES OR BUY FLOWERS OR DO YOUR DRY CLEANING THERE EVERY SINGLE DAY, AND 300 PEOPLE MIGHT GET THEIR LAUNDRY DONE IN A DRY CLEANER ONCE A MONTH OR ONCE A WEEK, DEPENDING ON HOW THEY ARE, THAT'S NOT GOING TO BE ENOUGH TO SUSTAIN A RETAIL SPACE IN THERE. ON THE SIDE ON US 1 WHERE THERE'S NO WALK-BY TRAFFIC, IT'S ALL DRIVE-BY, SO YOU HAVE TO WANT TO GO THERE. THIS PROPERTY IS SAYING I'M A DESTINATION PROPERTY AND I NEED TO GO THERE. JUST LIKE COMMISSIONER HAGUE EXPLAINED WITH JUPITER YACHT CLUB, HAD A RESTAURANT IN CLOSE PROXIMITY WITH RETAIL AND PEOPLE ARE GOING TO BE ABLE TO MEANDER BY ON THE RIVERWALK AND GO SHOPPING, AND IT FACED THE RIVERWALK, BUT THAT DIDN'T REALLY BEAR OUT OVER THE YEARS SINCE IT'S BEEN BUILT. THAT'S MY CONCERN ABOUT THE RETAIL PART OF THIS. >> I CAN ADDRESS IT. FIRST OF ALL, FROM A STRUCTURAL PERSPECTIVE, YOU CAN'T EVEN COMPARE IT TO JUPITER YACHT CLUB. AS JOHN HAD POINTED OUT, JUPITER YACHT CLUB HAD SOME SECOND-FLOOR RETAIL, AND THEN A GOOD BIT OF THE RETAIL WAS DOWN ON THE RIVERWALK WITH VERY INCONVENIENT ACCESS TO ANYBODY WHO WOULD COME IN AND PARK FROM US 1 AND ZERO SIGNAGE FOR ANY PAST BY TRAFFIC FROM US 1, SO IS VERY CONTAINED IN A VERY NARROW SPOT. FROM IT, SO FROM A DESIGN PERSPECTIVE, IT HAD SOME FUNDAMENTAL FLAWS TO IT, BECAUSE WE DON'T HAVE THE FOOT TRAFFIC ON THE RIVERWALK. THIS IN THE OTHER HALF, IT'S NOT TRADITIONAL RETAIL. WE'RE NOT SELLING APPAREL AND GOODS. IT'S REALLY MORE THINGS THAT ARE LEADING TOWARD AND ARE COMPLIMENTARY TO BUSINESS FUNCTIONS. IT COULD BE A REAL ESTATE OFFICE WHO HAS BEEN A REAL ESTATE OFFICE THERE IN THAT AREA FOR YEARS, THAT WOULD FUNCTION VERY WELL. IT COULD BE SERVICES, AND AS JOHN POINTED OUT IF FOR SOME REASON THAT WE'RE HAVING DIFFICULTY LEASING IT ON THE INTERIM BASIS, WE HAVE THE ABILITY TO PUT OTHER TYPES OF OFFICE USES THAT MIGHT BE SUPPORTIVE AND MIGHT WANT TO HAVE A LITTLE BIT MORE OF THAT FRONT-END, SUCH AS A TITLE OFFICE. TITLE OFFICES ARE OFTEN IN THOSE TYPES OF LOCATIONS. WE REALLY HAVE A LOT OF FLEXIBILITY. ON US 1, I DON'T THINK IT'S THE SAME TRAFFIC AS INDIAN TOWN ROAD, BUT I'M PRETTY CONFIDENT IT'S AT LEAST 35, 40,000 TRIPS A DAY THAT ARE DRIVING DOWN US 1. IT'S JUST A SIGNIFICANT GREATER AMOUNT OF TRAFFIC THAT'S THERE ON THAT ROADWAY. FROM A FUNCTIONAL STANDPOINT, ONE COULD COME IN. IF THEY WERE THERE, THEY COULD PULL IN, THEY COULD GO INSIDE ONE OF THOSE LITTLE SHOPS AND LEAVE, WHETHER IT WAS A REAL TOR, A DRY CLEANER, FLOWER SHOP. >> IT MAKES MORE SENSE IN YOUR EXPLANATION TO MAKE THEM THAT USE OF REAL ESTATE OFFICE, THE TITLE OFFICE, THINGS THAT WORK IN CONJUNCTION WITH EACH OTHER VERSUS HAVING A DRY CLEANER OR A FLOWER SHOP THERE. I UNDERSTAND YOU WANT THE FLEXIBILITY OF IT, BUT DOES THAT MEAN IT HAS TO BE DESIGNATED AS A RETAIL. >> WELL, WE BASICALLY SUGGESTED THE LIMITED RETAIL BECAUSE WE'D LIKE TO HAVE THOSE TYPES OF USES, AND THEY WOULD NATURALLY GRAVITATE TO THERE. I MEAN, THOSE ARE THE SAME TYPES OF USES THAT YOU'LL OFTEN FIND ON THE GROUND FLOOR OF OTHER OFFICE BUILDINGS AND SPACES. >> BECAUSE I CAN TELL YOU HOW MANY TIMES I'VE BEEN TO ANY OF THE SHOPS THAT ARE IN JUPITER YACHT CLUB OR ALONG THE RIVERWALK. >> ME TOO. THIS DEVELOPER, [OVERLAPPING] PUBLIC OFFICIAL AND HIS TEAM, THEY'RE VERY SEASONED DEVELOPERS FROM NEW YORK WITH SIGNIFICANT OFFICE AND RETAIL EXPERIENCES, HAVE ASSETS DOWN TOWN SOUTH. THEY'VE DONE THIS AND THEY'RE REALLY CONFIDENT THE RESTAURANT WILL BE A DESTINATION RESTAURANT. IT WILL BE A FINE RESTAURANT THAT WILL ATTRACT REALLY A GREAT CLIENTELE, AND BE A BENEFIT TO THE TOWN. >> WELL, I GET THAT PITCH. I REALLY UNDERSTAND THAT PEOPLE WITH EXPERIENCE IN RETAIL AND BUILDING OFFICES AND STUFF, THAT HASN'T ALWAYS BEARED OUT ANYWAY. I WILL SITE AS PERFECT EXAMPLE OF THAT, AS BEING PEOPLE WHO ARE MR. GONZALEZ I UNDERSTAND. WE BUILT SOMETHING THAT HASN'T BEEN FINANCIALLY VIABLE. I UNDERSTAND THAT'S NOT PART OF THE DISCUSSION THAT YOU HAVE WITH TOWN, IS THE FINANCIAL VIABILITY OF A PROJECT. [01:15:03] BUT THAT FOR ME IS HUGE. [OVERLAPPING] >> THEY'RE VERY IMPORTANT QUESTIONS AND LET ME JUST TALK A LITTLE BIT ABOUT MARKET. ODDLY ENOUGH, THE RETAIL IN HARBORSIDE IS HAVING A VERY DIFFICULT TIMES. IN CONTRAST, BECAUSE OF WHAT HAPPENED WITH COVID AND THE MIGRATION FROM NEW YORK, THE OFFICE SPACE IS VERY MUCH SO AT CAPACITY. IN FACT, THERE IS ZERO CLASS A OFFICE SPACE IN JUPITER. THERE ARE THREE MARKETS THAT WE'RE SEEING IN OUR AREA. WE HAVE JUPITER OFFICE MARKET, THAT'S HARBOR SIDE, THE THOUSAND ONE BUILDING WHICH IS IN THE COUNTY BUT IN THE INLET VILLAGE, AND SOME OF THE WATERFRONT ALONG US 1. THERE ARE CERTAIN BUSINESSES THAT ARE COMING FROM NEW YORK THAT HAVE A GREAT DESIRE BECAUSE THEY'RE TRYING TO ATTRACT AND RETAIN EMPLOYEES TO BE AS A PART OF THAT ENVIRONMENT. THERE'S A GREAT MARKET. WE THINK WITH A CLASS A OFFICE BUILDING HERE, WE WILL BE EXTREMELY SUCCESSFUL. THE NEXT MARKET IS PJ BOULEVARD. NEXT MARKET IS DOWNTOWN WEST PALM BEACH. IF ALL YOU HAVE TO DO IS READ THE PAPERS TO SEE WHAT'S HAPPENING THERE. YOU'RE ABSOLUTELY RIGHT TO BE THINKING ABOUT VIABILITY. WHEN YOU LOOK AT RETAIL, IT CAN AFFORD TO PAY 80,000 A FOOT AND BE SUSTAINABLE. I APPRECIATE YOUR COMMENTS. >> WELL, I UNDERSTAND WHAT YOU'RE SAYING AS WELL, BUT YOU MADE THE ANALOGY EARLIER ON THE EVENING THAT UN ANCILLARY USES DOWNTOWN WEST PALM BEACH. BUT AGAIN, DOWNTOWN WEST PALM BEACH HAS HUNDREDS OF PEOPLE ALL DAY, EVERY DAY. THIS ISN'T AN OUT-OF-THE-WAY PLACE ON US 1 WHERE THAT OTHER RESTAURANT THAT'S RIGHT DOWN THE ROAD HAS NEVER BEEN SUCCESSFUL BECAUSE YOU HAVE TO WANT TO GO THERE. IT HAS TO BE SOMETHING THAT IS A DESTINATION DINING ESTABLISHMENT, AND NOTHING IN THAT CORRIDOR HAS REALLY DONE THAT. >> TO BE IN AN OFFICE BUILDING AS A PART OF THIS ENVIRONMENT THAT MR. OFFICIAL AND HIS TEAM WANT TO BUILD, WHICH IS VERY HIGH-END. IT'LL BE A GREAT RESTAURANT. YOU'RE NOT GOING TO HAVE, A TACO PLACE. >> I'M NOT WORRIED ABOUT THAT. I'M WORRIED ABOUT THE FACT THAT THE PEOPLE THAT ARE WORKING IN THAT OFFICE BUILDING, 300 PEOPLE A DAY, WOULD HAVE TO BE THERE, WOULD HAVE TO EAT THERE EVERY DAY, TWICE A DAY TO EVEN START TO BE SUCCESSFUL. THEN YOU HAVE TO BRING EVERYBODY ELSE FROM JUPITER TO GO THERE. BECAUSE I WAS IN THE RESTAURANT BUSINESS FOR A VERY LONG TIME AND I KNOW WHAT IT'S LIKE TO HAVE A RESTAURANT THAT SIZE AND NOT HAVE THE PEOPLE THAT YOU NEED TO CONSTANTLY TURNOVER BUSINESS AND BE ABLE TO SUPPORT IT. THAT'S WHY THE RESTAURANTS AT DOWNTOWN REGARDLESS DIDN'T DO WELL. >> WELL, WE'RE CONFIDENT THAT WE'LL BE ABLE TO BE SUCCESSFUL, WITH A GREAT QUALITY RESTAURANT IN THIS PARTICULAR LOCATION THAT WILL SERVE AS THE NEEDS OF THAT MARKET THAT'S THERE AND ALSO BE A BENEFIT TO THE RESIDENTS OF JUPITER. >> IT SEEMS TO ME THAT THE THINGS THAT YOU WANT WHEN YOU WORK IN AN OFFICE, A SANDWICH SHOP, OR A DELI, OR THOSE SMALLER PLACES THAT YOU WANT TO BE ABLE TO GO AND GET SOMETHING FROM IS MORE VIABLE FOR THIS BECAUSE NOW ON THE WEEKENDS, SATURDAY AND SUNDAY THE OFFICES AREN'T OPEN. THE RETAIL MIGHT BE OTHER OFFICES THAT AREN'T OPENED ON THE WEEKEND, AND THE ONLY THING THERE'S THE RESTAURANT. >> WELL, THAT'S WHY BUSINESSMEN AND ENTREPRENEURS TAKE THE RISKS THAT THEY DO. I CAN TELL YOU THIS PROJECT IS A SIGNIFICANT INVESTMENT. I'M CONFIDENT THAT BASED ON MR. OFFICIAL'S PAST EXPERIENCE THAT THIS WILL BE EXTREMELY SUCCESSFUL. BUT WE APPRECIATE EVERY COMMENT YOU HAVE. I WOULD ANTICIPATE WE MIGHT HAVE A SMALL SANDWICH SHOP THAT MIGHT BE IN MORE OF THOSE LINERS SPACES. AS GEORGIA POINTED OUT, WAY OF EXTRA RESTAURANT ALLOCATION THAT COULD GO IN THAT AREA AS OPPOSED TO THE SIT-DOWN DINING RESTAURANT BECAUSE THAT'S REALLY GOING TO BE MORE FOR THE DINING CLIENTS AND LUNCHES WITH CLIENTS FROM MERRILL LYNCH AND THE OTHER FINANCIAL SERVICES THAT WILL BE IN WITHIN THE BUILDING. >> EVEN THAT STUCK OUT TO ME ENOUGH DARK. BUT THAT'S OKAY. WE'LL MOVE OFF OF THAT. I'M SAYING, A SANDWICH SHOP THAT COMES AROUND TO THE OFFICES AND DELIVERS AND YOU CAN BUY FROM THEM, YOU DON'T HAVE TO LEAVE THE OFFICE, MAKES MORE SENSE TO ME THAN A FINE DINING SIT-DOWN RESTAURANT THAT THE CEOS ARE GOING TO BRING IN A COUPLE OF PEOPLE TO. DOESN'T MAKE SENSE TO ME. I THINK I'M GOING TO HAVE TO CUT MY COMMENTS OFF THAT WILL GO [OVERLAPPING] >> CAN I ASK ONE MORE QUESTION PLEASE? >> OF COURSE YOU CAN. I WOULD WAIT. HOLD ON. I'M GOING TO CUT OFF MY QUESTIONS, AND THEN I'LL GO AROUND TO EVERYBODY ELSE AND SEE IF THEY NEED FOLLOW-UP. COMMISSIONER [INAUDIBLE] [LAUGHTER] >> APPLICANT, I THINK. IS THERE GOING TO BE ACCESS ALLOWED TO THE GENERAL PUBLIC TO COME IN AND PARK, [01:20:02] TO GO DOWN IN RIVERSIDE AND RIVERWALK? >> THEY WOULDN'T BE RESTRICTED TO DO THAT. WE HAVE THREE ACCESS POINTS ON THE RIVERWALK. WE'RE NOT A PUBLIC PARKING DESTINATION. BUT, IT'S OPEN PARKING, IT'S NOT GOING TO BE PRIVATE. THE RESTAURANT WOULD CERTAINLY WOULD BE OPEN. SO THEY FUNCTION TO SOMEBODY WANTED TO COME TO THE RESTAURANT AND THEN GO FOR A WALK ON THE RIVERWALK, THAT WOULD BE CERTAINLY OPEN. AS LONG AS IT DOESN'T BECOME A PROBLEM, IT NEVER WILL BE AN ISSUE. >> THANK YOU. I WANTED TO SAY ONE LAST THING. PLEASE DON'T PUT A DRY CLEANER THERE, IT'S [LAUGHTER] TOO CLOSE TO THE RIVER. >> IT WOULD BE A PICKUP AND PICKUP AND DROP-OFF. IT WOULDN'T BE A DRYCLEANER. IT WOULD NEVER SURVIVE THERE. >> THANK YOU. >> I'M GOT TO GO BACK TO STAFF ON THIS. NOW, IF WE WENT WITH PD SMALL-SCALE, AND YOU SAID YOU JUST HAVE TO HIT ONE CONDITION, AND IF WE SHOW THAT THEY HIT TWO CONDITIONS, CAN THE APPLICATION BE CHANGED TO A PD SMALL-SCALE DISJUNCTURE? CAN STILL GO TO TOWN COUNCIL WITHOUT CAUSING A DELAY. >> WE NEED TO FILE SOMETHING. >> THAT YOU HAVE AN APPLICATION FOR A LARGE-SCALE PUD IN FRONT OF YOU, YOU WOULD NEED TO TAKE ACTION ON THAT. IF THE APPLICANT CHOOSES TO AMEND THEIR APPLICATION OR TO FILE A SEPARATE APPLICATION WITHDRAW THIS APPLICATION AND FILE A SMALL-SCALE PUD APPLICATION, THEY WOULD HAVE TO GO THROUGH THAT PROCESS. I DON'T THINK THEY CAN JUST SWITCH AT THIS STAGE. >> I'M GOOD. >> COMMISSIONER KERN. >> MY CONCERNS ARE AROUND THE UNDERGROUNDING AND I TALKED TO PETER ABOUT THIS TODAY. DO WE TAKE POSITIONS WHERE WE ASK APPLICANTS TO COVER THE ENTIRE COST OF SOMETHING THAT WE STIPULATE HIS CONDITION WITHOUT REGARD TO WHAT THAT'S GOING TO COST, I'M ASSUMING YOU ALL WORK WITH SOMEONE. IF WE SAY WE WANT UNDERGROUND UTILITIES ALONG THIS STRETCH, LET'S FIGURE OUT HOW MUCH IT'S GOING TO COST SO IT'S NOT A HALF MILLION DOLLARS, MAYBE IT'S 150,000. DO YOU ALL WORK WITH THEM OR DO WE? >> ARE YOU TALKING ABOUT GOING BEYOND WHAT THEY'VE OFFERED? >> YES. >> IS THIS THE TIME WHEN I WOULD SAY WHAT I THINK? >> I'M ASKING FOR FOLLOW-UP QUESTIONS WE HAVEN'T DELIBERATED YET. >> YEAH, SO I'LL WAIT TO SAY EXACTLY WHAT I THINK WE SHOULD DO, BUT THAT'S MY QUESTION. IS DO WE STIPULATE THINGS REGARDLESS OF COST TO AN APPLICANT OR DO YOU ALL WORK WITH THEM ONCE WE STIPULATE IT TO MAKE SURE IT'S FEASIBLE? [OVERLAPPING] >> WE WOULD NORMALLY WORK WITH THEM THROUGH THE PROCESS OF REVIEW. IF THE COMMISSION FEELS THAT THE PUBLIC BENEFIT THAT HAS BEEN OFFERED BY THE APPLICANT DOESN'T REACH THE LEVEL OF SIGNIFICANCE TO MAKE A SUBSTANTIAL PUBLIC BENEFIT TO WARRANT THE GRANTING OR APPROVAL OF A LARGE-SCALE PUD, THEN YOU COULD MAKE RECOMMENDATIONS TO THE COUNCIL THAT YOU THINK THEY SHOULD CONSIDER X OR Y AS AN ALTERNATIVE OR IN ADDITION. >> THANK YOU. >> COMMISSIONER [INAUDIBLE] >> I DO HAVE A FOLLOW-UP QUESTION FOR THE APPLICANT, MR. HEARING. >> YES MA'AM. >> FOR ALL OF YOUR TIMES IN FRONT OF US MAKING A PRESENTATION, I'M SURE THAT YOU AND EVERYBODY FULLY VETTED WHETHER OR NOT YOU WOULD BE ASKING FOR A SMALL-SCALE PUD OR A LARGE-SCALE PUD TO FIT YOUR PROJECT. WAS THAT CORRECT? >> WE DID. WOULD YOU LIKE TO KNOW WHY? >> SURE. >> THIRTEEN YEARS AGO, THE ASSESSORS IN THIS PROPERTY WHICH MY CLIENT HAS EVERY RIGHT TO AGREE TO DEDICATE TO THE TOWN, THE RIGHT-OF-WAY FOR THE RIVER WALK WITH THE ASSUMPTION THAT CERTAIN BENEFITS WERE GOING TO COME ALONG WITH THAT. THIRTEEN YEARS IN ADVANCE IT WAS A VERY DESIRED PIECE AT THE TIME. IN DOING THAT, NOT ONLY DID THEY GIVE THE TOWN THE RIVER WALK, BUT THEY BASICALLY BIFURCATED THEMSELVES FROM THE WATER, FROM THE LEGAL LAND TRANSACTION. THEY HAVE THE RIGHT TO UTILIZE THE RIPARIAN RIGHTS, BUT THEY'RE NO LONGER A WATERFRONT PROPERTY SO THEY HAVE NO WATERFRONT TECHNICALLY LAND THAT TOUCH THE RIVER WALK. AT THE TIME THAT THEY HAD DEDICATED IT, THERE WAS AN EXPECTATION THAT PERHAPS THEY COULD TAKE ADVANTAGE OF THE MIXED-USE DISTRICT AND THE INNER COASTAL WATERWAY OVERLAY. SINCE THAT TIME THE TOWN HAS ELIMINATED THE BONUS POINTS. THE DEVELOPMENT AGREEMENT GRANTED BONUS POINTS TO IT. IT'S REALLY MADE THAT ROUTE OR THAT OPTION THAT THEY THOUGHT WAS AN EXPECTATION NOT AVAILABLE TO THEM. [01:25:02] I WASN'T AT THE TABLE. I DON'T KNOW. MAYBE JOHN WAS AT THE TABLE OR TOM WAS. MOST PEOPLE DON'T HAVE A CLEAR UNDERSTANDING OF WHAT'S THE DIFFERENCE BETWEEN OPEN SPACE AND GREEN SPACE. OUR OPEN SPACE ON OUR PROJECT IS PROBABLY CLOSE TO 45. IT MIGHT EVEN BE 50 PERCENT. ALL OF OUR PLAZA AREAS, ALL OF OUR GARDEN AREAS, THAT'S ALL OPEN SPACE. THE MIXED-USE DISTRICT ONLY HAS A REQUIREMENT OF, I THINK, 15 PERCENT OPEN SPACE AND NO REQUIREMENT FOR GREEN SPACE. IT'S OUR OPINION THAT THE SPIRIT OF THE AGREEMENT WAS THAT THE PROPERTY OWNER WOULD BE ABLE TO TAKE ADVANTAGE OF THE RIGHTS THAT THEY HAD PRIOR TO THE GRANTING OF THAT PARTICULAR AREA. AS JOHN POINTED OUT, IT'S VAGUE. BUT WE'VE GOT THIS CONCEPT OF OPEN SPACE YET THERE'S NO OPEN SPACE REQUIREMENT. IT DOESN'T SPEAK ABOUT GREEN SPACE. ONE DISTRICT REQUIRES GREEN SPACE, THE OTHER DISTRICT DOESN'T REQUIRE ANY GREEN SPACE AT ALL. IF WE WERE TO BE ABLE TO UTILIZE THE RIVER WALK IN ITS ENTIRETY, THE 0.25 ACRES, WE MEET IT. THE OTHER THING THAT WE'RE DOING AS A BENEFIT TO THE TOWN IS THAT WE'RE CARRYING OUT THE SIDEWALK ON A US HIGHWAY 1. >> [INAUDIBLE] I'M SORRY, BUT I WAS JUST ASKING WHY YOU DIDN'T GO FOR THE- >> BUT IT'S IMPORTANT FOR YOU TO UNDERSTAND THIS FACT. BECAUSE WE'RE BRINGING THE SIDEWALK INTO OUR PROPERTY, CREATING GREEN SPACE IN THE RIGHT-OF-WAY, BUT NOT ON OUR PROPERTY, WE'RE DINGED FOR WHAT DOESN'T COUNT FOR GREEN SPACE ANYMORE. ALL THAT CURVED SIDEWALK THAT WE BRING INTO OUR PROPERTY, WHICH ALL ADDS UP INTO SQUARE FEET OF GREEN SPACE, WE DON'T GET ANY CREDIT FOR ALL OF THAT WORK THAT WE DO. WE TALKED WITH STAFF AND WE FELT THAT THE BEST ROUTE WAS TO GO THIS ROUTE. WE DIDN'T FEEL A VARIANCE WAS APPROPRIATE. WE FELT THAT THE COUNCIL AND THIS BOARD WOULD BE ABLE TO BALANCE THE PUBLIC INTERESTS IN TERMS OF WHAT WE WERE OFFERING IN THE PRESERVATION OF THE EXISTING OFFICE BUILDING, BUILDING CLASS A OFFICE, WHICH IS ALL ABOUT JOBS AND WOULD BE ABLE TO ASCERTAIN THE DIFFERENCE BETWEEN THE INTENT OF A DEVELOPMENT AGREEMENT AND THE OPEN SPACE THAT WE'RE PROVIDING BECAUSE WE'RE NOT THAT FAR OFF AS WE POINTED OUT, I THINK TO MR. ANKER, WE'RE PROVIDING PERVIOUS PAVERS. WE'RE DOING ALL THESE OTHER THINGS TO TRY TO MEET THE INTENT. >> THANK YOU, TOM. I APPRECIATE THIS. STAFF DID YOU HAVE A REBUTTAL FOR THAT AT ALL? >> I THINK TO SOME DEGREE IT BECOMES SEMANTICS AT SOME POINT. WHETHER IT'S THIS APPLICATION TYPE, OR THAT APPLICATION TYPE, WHAT YOU HAVE IN FRONT OF YOU AS A DEVELOPMENT THAT'S PROPOSED AND DOES IT CHECK THE BOXES AS DESIRABLE DEVELOPMENT? I THINK IT CERTAINLY FILLS A VOID TO SOME DEGREE OF CLASS A OFFICE SPACE IN THE TOWN. IT PROVIDES A LOCATION FOR DESIRED CORPORATE HEADQUARTERS TO LOCATE AND HAVE MEANINGFUL BUSINESSES THAT THE TOWN COULD LIKELY BE PROUD OF TO HOST. QUITE HONESTLY, I ALWAYS THOUGHT THIS PROPERTY WOULD DEVELOP WITH RESIDENTIAL AND BE ANOTHER RESIDENTIAL TOWER WITH OVERPRICED CONDOMINIUMS. I WAS QUITE HONESTLY THRILLED TO SEE THIS LANDOWNER COME IN AND HAVE A PRE-APPLICATION MEETING WITH US SAYING THEY WANTED TO BUILD A HIGH-QUALITY OFFICE. I THINK TO SOME POINT YOU HAVE TO STEP BACK AND LOOK AT THE TOTALITY AND NOT SPLIT HAIRS BETWEEN GREEN SPACE, OPEN SPACE, AND ALL THESE OTHER THINGS. WE EVALUATED WHAT ROUTE THEY SHOULD TAKE TO RESOLVE THE ISSUE. TO MR. HEARING'S POINT, THE PEOPLE THAT WERE NEGOTIATING THAT AGREEMENT MAY NOT HAVE HAD A FINER UNDERSTANDING OF WHAT GREEN SPACE AND OPEN SPACE WAS. IT WILL SAY THEY DID HAVE A VERY WELL-KNOWN URBAN PLANNER FROM THE COUNTY WORKING ON, I CAN'T REMEMBER HER NAME AT THE MOMENT, BUT I THINK SHE WAS WITH URBAN DESIGN STUDIO. BUT NONETHELESS, I THINK WE JUST NEED TO LOOK AT THE TOTALITY OF IT AND DETERMINE, IS THIS A GOOD FIT FOR THE COMMUNITY, DOES IT BRING THINGS TO THE TABLE THAT ARE WORTHWHILE, AND THEN FIGURE OUT. ESSENTIALLY, THE PUD ROUTE WAS A ROUTE TO RESOLVE THAT ISSUE WITH THE GREEN SPACE. >> THANK YOU. >> MR. PINTO, ANY FOLLOW-UPS? >> I DON'T HAVE ANY FOLLOW-UPS AT THIS POINT. THANK YOU. >> COMMISSIONER HERD? >> NEITHER DO I. >> COMMISSIONER DANNY? >> I THINK ALL THE QUESTIONS HAVE BEEN ASKED THAT NEED TO BE ASKED. [01:30:04] >> ANY FOLLOW-UPS? >> I HAVE ONE QUESTION FOR THIS STAFF AND THE FOLLOW-UP IS, ELECTRIC VEHICLE CHARGING STATIONS, WHERE ARE THEY BEING LOCATED? I COULDN'T FIND THEM ON THE MAP THAT'S WHY I'M ASKING. ARE THEY IN THE GARAGE OR ARE THEY IN THE OUTSIDE PARKING AREAS OR BOTH? [NOISE] >> THE PARKING LOTS THEN WE CONFIGURE IT SO MANY TIMES. >> [INAUDIBLE] >> YEAH, THEY ARE IN BOTH. [OVERLAPPING] CAN YOU PULL IT UP? WE CAN LOOK AT IT. >> [INAUDIBLE]. >> YEAH. [BACKGROUND]. >> IT MUST BE ON THE GARAGE. >> NOW IS THE TIME WHEN WE CAN'T FIND IT. [LAUGHTER]. ME TOO. IT IS SHOWN IN THE ARCHITECTURAL PLANS, I BELIEVE. THAT'S OKAY. THEY ARE THERE. THERE'S SOME IN THE GARAGE AND THEY'LL ALSO BE SOME OUTSIDE? YES. ANY IDEA HOW MANY THERE WILL BE TOTAL? IT'S IN THE PARKING GARAGE, ON THE SOUTH SIDE OF THE GARAGE TO THE FURTHEST WEST BECAUSE WHEN YOU GO UP THE RAMP, THERE'S A SPACE AT THE TOP OF THE RAMP AND I DON'T KNOW IF IT'S ON EVERY LEVEL, BUT IT DEFINITELY. WE WOULD PRETTY WIRE THE GARAGE FOR MULTIPLE SPACES. WE KNOW WHERE MARKET IS GOING, AND I KNOW WE CAN COMMIT TO PROVIDING AT LEAST FOUR POSITIONS IN THE PARKING LOT. YOU HAVE TO PROVIDE ONE FOR ADA AND THAT WOULD BE THREE STANDARDS. GREAT. JUST TO MAKE SURE YOU CAN MAKE A NOTE OF THAT. THANK YOU. I THINK THAT'S FAR WE'RE THINKING. THANK YOU. I DO HAVE ONE MORE QUESTION FOR JOHN OR PETER DOESN'T MATTER. THE QUESTIONS FOR THIS APPLICATION ARE, WHETHER WE WANT TO GRANT THE LABOR FOR A LARGE-SCALE PUD ON 4.7 ACRES? IF THAT IS A NO, DOES THAT MAKE POINT B, THE SITE PLAN AMENDMENT MOOT? THE SITE PLAN AMENDMENT COULDN'T BE APPROVED. I MEAN, YOU'D BE MAKING A RECOMMENDATION, I UNDERSTAND. [OVERLAPPING] THERE WOULD NEED TO BE A CONDITION THAT THEY REVISE THE SITE PLAN TO MEET THE 35 PERCENT GREEN SPACE. I THINK THAT WOULD BE THE ONLY THING. THAT WOULD SATISFY THE ELEMENT OF BEING A SMALL-SCALE PUD, [OVERLAPPING] IS IF THEY HAD THE 35. THE GREEN SPACE IS ONE OF THE ELEMENTS, ISN'T IT? WELL, IF THEY INCREASE THEIR GREEN SPACE TO 35, THEY WOULDN'T NEED TO BE ANY TYPE OF PUD. THEY'D JUST BE A SITE PLAN AMENDMENT. ARE THERE ANY CITIZEN COMMENTS? JESSIE, ANY COMMENT CARDS? NO. THANK YOU. WE CAN GO TO DELIBERATIONS AND TALK AMONGST YOURSELVES. IS THERE ANYBODY THAT WANTS TO START OFF WITH THE CONVERSATION? I THINK MS. KAREN HAD A LOT TO SAY. [LAUGHTER] SURE. I THINK IT WOULD BE PRUDENT TO CONSIDER ASKING THE DEVELOPER TO TAKE CARE OF THE BEST WESTERN OVERHEAD LINES AND PUT THEM UNDERGROUND, AT LEAST FOR THAT STRETCH. ESPECIALLY IF IT'S $25,000, IT'S 250 A FOOT FOR 100 LINEAL FEET. I KNOW THAT'S AN ODD NUMBER. THAT'S WHY I WAS ASKING YOU ABOUT PRICING. BUT THAT SEEMS REASONABLE TO ME CONSIDERING WHAT WE'RE OFFERING TO GIVE THEM IN TERMS OF, IF YOU LOOK AT IT FROM GREEN SPACE REDUCTION. I THOUGHT A LITTLE BIT ABOUT THE MANGROVE BAY, BUT THAT'S 270 LINEAL FEET. I THINK PETER, YOU SAID THAT THERE'S MONEY THAT WE GOT FROM MANGROVE BAY TO DO THAT WORK? WE HAVE SOME FUNDS. IT WAS 180,000 SOMEWHERE IN THERE. BECAUSE I WAS SURPRISED TO HEAR THERE'S NO ABOVE-GROUND POWER ALONG US ONE ALL THE WAY TO TEQUESTA, ALONG THE WEST SIDE OF THE ROAD UNTIL YOU GET TO THAT POINT. [01:35:03] I THINK, ASSUMING IT GOES FORWARD IS GOING TO BE A PRETTY SIGNATURE PROJECT FOR JUPITER AND TO HAVE POWER LINES RUNNING ALONG THE FRONT FOR 100 FEET ACROSS THE VAST WESTERN PROPERTY LINE JUST SEEMS SHORTSIGHTED TO ME. I'D BE SUPPORTIVE OF HAVING THAT AS PART OF THE CONDITIONS OF APPROVAL. CAN I ADD SOMETHING WITH DELIBERATIONS RIGHT OFF THE BAT? I THINK WE'RE MAKING IT COMPLICATED BY LOOKING INTO THE SMALL-SCALE PUD. I THINK IT'S JUST TO ASK THE WAY IT IS. THE STAFF AND THE APPLICANT WORKED REALLY HARD TO TRY TO FIGURE OUT WHAT THEY WERE GOING TO BRING IT IN FRONT OF US. TO FURTHER COMPLICATE, IT, JUST SEEMS THAT AT THIS POINT, WE LOOK AT IT AS THEY ASK AND THEN JUST DETERMINE HOW MUCH PUBLIC BENEFIT WE FEEL IT'D BE SUBSTANTIAL FOR THIS. MY COMMENT IS IT'S A BEAUTIFUL BUILDING. THEY SEEM TO HAVE WORKED REALLY HARD BETWEEN THE APPLICANT AND STAFF. I AGREE WITH THE UNDER-GROUNDING OF THAT PORTION. OF COURSE, BEING THE ENVIRONMENTALIST, I WOULD LIKE TO SEE SOME OF THE LIVING SHORELINE AND NOT EXTRA UNDER-GROUNDING, BUT THAT'S JUST ME. LET'S SEE WHAT EVERYBODY ELSE HAS TO SAY. COMMISSIONER PATEL. I THINK IT'S A FANTASTIC PROJECT. I THINK THEY'RE TAKING APPOINTMENTS AND TRYING TO KEEP IT SIMILAR TO THE APPRAISAL AND REALLY TRY TO DO A GOOD JOB WITH IT. I DID HAVE SOME STRUGGLES WITH WHETHER IT SHOULD HAVE BEEN A SMALL SCALE OR LARGE SCALE, BUT BECAUSE OF APPLICATIONS COMING IN FRONT OF US AND WE CAN'T REALLY CHANGE IT AT THIS POINT. IT'S IN OUR DUTY ACCORDING TO THE TIME CODE, TO TRY TO PUSH THE APPLICATION FURTHER AS QUICKLY AS POSSIBLE. I THINK WE'LL STICK WITH THE CURRENT APPLICATION. I KNOW YOU WILL BE WITHIN THAT. WHEN YOU TALK ABOUT THE PUBLIC BENEFITS PART WITH WHAT THEY'RE PROPOSING WITH THE UNDER-GROUNDING AND WITH WHAT STAFF IS ASKING FOR THE METERING, LANDSCAPING CONTRIBUTIONS AND SOME OF THE OTHER ANCILLARY WHERE THEY'RE DOING THEY'RE PROVIDING EASEMENTS. THEY ARE DOING THIS NEW ENTRANCE OFF AT WESTMONT, THE SIDEWALKS THERE ARE SOME SUBSTANTIAL COSTS THAT ARE IN THERE AND THE OLD LAND DEDICATION THAT WAS ALREADY THERE. ALL THE CABINET, THEY WERE ABLE TO USE SOME DEVELOPMENTAL FLEXIBILITIES, BUT THOSE ARE STILL TECHNICALLY, THAT'S A HUGE BENEFIT AT SOME POINT THAT WAS PROVIDED. I DO THINK THEY DO MEET THE STANDARDS OF A BUILDING FOR THE PUBLIC BENEFITS. I MEAN, IF THE COMMISSIONER CHOOSES TO ADD THE BEST WESTERN PORTION TO IT, I'D BE COMFORTABLE IN SUPPORTING THAT. BUT I THINK THEY'VE ALREADY MET THE BAR. BUT AS FAR AS THE PUBLIC BENEFITS PART GOES, WHAT I DO WANT TO DO IS I DO WANT TO ADD A CONDITION FOR CONSTRUCTION MITIGATION PLAN THAT NEEDS TO GO IN FRONT OF COUNCIL. I WOULD LIKE TO GET A CONDITION FOR AND LET'S START WITH THE BIGGER CONDITION I WOULD LIKE TO CONDITION FOR A TRAFFIC FLOW STUDY OF THE GARAGE. TO ME RIGHT NOW, THERE ARE SOME VERY, VERY TIGHT TERMS IN THERE. IT WAS HARD FOR ME TO REALLY DECIPHER THE ACTUAL POTENTIAL. I THINK THAT THERE'S AN ACTUAL TRAFFIC STUDY THAT'S PROVIDED THAT COUNCIL OR THE GARAGE CONCEPTION OF IT. I THINK IT WOULD HELP THEM IN JUSTIFYING THAT GARAGE THE WAY IT IS. THEN AS PART OF THAT STUDY ON CONDITION FOR [INAUDIBLE] SIGNS AND STUFF TO MAKE IT EASY TO REALIZE WHICH PARKING IS AVAILABLE AND STUFF ACCORDINGLY. BUT THOSE WOULD BE THE CONDITIONS THAT I WOULD PROBABLY WANT TO PUT IN AS MY RECOMMENDATION BUT I THINK THEY ARE DOING A GREAT JOB ABOVE ALL, IT'S GOOD. FOR THE QUESTION OF THE WAIVER FOR THE LARGE-SCALE PUD ON 4.7 ACRES BECAUSE THEY'RE NOT NORMALLY GRANTED UNTIL 10 ACRES. I THINK THAT THE THING IS BECAUSE THIS IS THE APPLICATION OF THE STAFF AND THE APPLICANT PUT TOGETHER AND PRESENTED TO US THIS WAY AND AFTER THIS IS MEANINGLESS PRE-CONFERENCE AND LISTENING AND THIS THING WOULD TAKE AT LEAST AN YEAR, OR SOMETHING FOR THEM TO DO, I DON'T THINK IT'S FAIR ON US AT THIS POINT TRY TO SWITCHING TO SMALL SCALE AND HAVE THEM COME BACK IN FRONT OF US AND IT DELAYS THEM AT LEAST TWO MONTHS FROM RIGHT NOW. IT'S NOT A MATTER OF FAIRNESS. THAT'S THE QUESTION. THE QUESTION IS, ARE WE GOING TO GRANT THE WAIVER TO HAVE A LARGE-SCALE PUD ON A STANDARD PROPERTY THAT'S HALF THE SIZE OF WHAT WOULD NORMALLY BE REQUIRED. [01:40:03] [OVERLAPPING] DOES THE PUBLIC BENEFITS THAT ARE BEING REQUIRED PASS THAT BAR? I THINK THAT THE PUBLIC BENEFITS ARE FINE. I DO AGREE WITH THE VARIANCE OF THE SIZE. PROBABLY NOT, BUT BECAUSE OF THE CONDITIONS THAT THE APPLICANT AND THE STAFF HAVE PUT TOGETHER AND THE DELAY WHICH THE TERM AGREEMENTS SPECIFICALLY STATES THAT WE SHOULD BE DOING ARE INCLINED TO VOTE FOR THAT CHANGED OF ALLOWING THE 4.7 TO BE ON A LARGE SCALE WHENEVER. THAT'S EXACTLY WHAT [OVERLAPPING] WE'RE TRYING TO BE DOING. I WILL BE LOOKING FOR THAT. BECAUSE I THINK THEY DID SHOW ENOUGH. LIKE I SAID, THERE'S AN ADDITIONAL CONDITION THAT'S ADDED I'M FINE BUT MY CONDITIONS REMAIN AS I CAN PUT FORWARD. UNDERSTOOD, MR. [INAUDIBLE]. I THOUGHT THERE WAS GOING TO BE MORE MOVING PARTS WHEN I FIRST LOOKED AT THIS THAN THEY REALLY ARE. I THINK IT COMES DOWN TO, WHAT IS THE PUBLIC BENEFIT, WHAT'S THE TOWN GETTING OUT OF THIS? THERE'S SEVERAL THINGS THAT I LIKE A LOT FOR FUTURE POINTS ANYWAY, THE SIDEWALK BEING BACK AWAY FROM US ONE, AND HAVING TO GIVE UP PART OF THAT SQUARE FOOTAGE THAT WOULD NORMALLY BE COUNTED AS GREEN SPACE. THAT'S FANTASTIC. WITH DECELERATION ZONE FOR CARS OFF THE ROAD LIKE THAT IS NOT VERY BIG. IT DOESN'T NEED TO BE VERY BIG. WHEN YOU PULL A SIDEWALK JUST 10 FEET OFF THE ROAD, YOU MIGHT HAVE SAVED A LIFE. THERE COULD BE A LIFE BEING SAVED BY THIS. THERE CERTAINLY A PUBLIC BENEFIT THERE, THE HIDDEN PARKING GARAGE. I KNOW WE'RE GOING TO BE MOVING TO MORE PARKING GARAGES AND I KNOW THE HOSPITAL'S UP FOR ONE RIGHT NOW. THEY PROBABLY WON'T WANT TO INCORPORATE MANY OF THESE ASPECTS. BUT I REALLY LIKED THE HIDDEN PARKING GARAGE. IF IT'S GOING TO BE THERE, HIDE IT SOME WAY. I THINK THAT'S DIVE IN INTO HOW SUCCESSFUL THEIR RETAIL VERSUS OTHER BUSINESSES THAT'S THEIR PROBLEM. I THINK THAT'S NOT REALLY IN OUR WHEELHOUSE. IF THEY'RE THE ONES THAT ARE GOING TO COMMIT THE MONEY FOR THIS AND THEY THINK THEY CAN FILL THOSE SPACES THAN DO IT. BUT IN THE MEANTIME, IT'S GOING TO BE COVERING UP A PARKING GARAGE. THE GREEN WALL, I LOVE GREEN WALLS. THAT'S FANTASTIC. THE CONTRAST WHAT YOU SHOWED ME VERSUS WHAT I LOOK AT EVERY TIME I DRIVE BY HARBOR SIDE. JUST NIGHT AND DAY. I CAN'T KEEP TELLING YOU HOW MUCH TIME, I MUCH PREFER THIS? I THINK THOSE THINGS IN COMBINATION REALLY ARE STARTING TO ADD UP TO A FAIRLY SIGNIFICANT PUBLIC BENEFIT. NOW THE ONE LAST THING WE DIDN'T TOUCH ON MUCH, I THINK COMMISSIONER HAGUE DID A LITTLE BIT TO THE LIVING SHORELINE. I WOULD PREFER AS WELL TO SEE THAT IN LIEU OF THE ADDITIONAL POWER LINES, I'M ALL FOR POWER LINES BEING DROPPED. BUT I HAVE A FEELING THAT BEST WESTERNS TIME LIMITED AND THE NEW APPLICANTS GOING TO WANT TO DO SOMETHING THERE AND THEN WE'LL GET THOSE POWER LINES BURIED AT THAT TIME. I THINK THAT BEST WESTERNS DATED INSPIRED LOOKING. THE CAVEAT I WOULD LIKE TO SEE WOULD BE A LIVING SHORELINE ADDITION TO THIS AND IF YOU CAN'T HAVE GREEN SPACE ON YOUR PROPERTY, PUT A GREEN SHORELINE OUT ON THE OTHER SIDE OF WHAT JUPITER OWNS. I THINK THAT'D BE A GOOD COMPROMISE. THAT'S MY POINT. >> THANK YOU, COMMISSIONER WELSMAN. >> I HAVE NO FURTHER COMMENTS. I GO WITH EVERYTHING THAT'S BEEN SAID. >> I AGREE WITH MOST OF WHAT MY COLLEAGUES HAD TO SAY TOO. I THINK THEY'RE TALKING ABOUT PUBLIC BENEFIT. I THINK YOU HAVE TO GO BACK A NUMBER OF YEARS AGO WHEN YOU GUYS DONATED THE PROPERTY FOR THE RIVER WALK. THAT WAS PRETTY SIGNIFICANT AND THEY DIDN'T HAVE TO DO THAT. THEY DID THAT AND NOW I THINK THEY'RE TRYING TO LIVE UP TO OUR EXPECTATIONS FOR THE TOWN AND OUR STAFF HERE AS FAR AS THE AESTHETICS OF THE BUILDING AND WHAT THEY'RE DOING THERE. NO, IT'S NOT PERFECT, BUT I THINK THEY'VE DONE A LONG WAY AND I THINK I APPRECIATE THAT. THAT'S PRETTY MUCH ALL I HAVE TO SAY. >> COMMISSIONER HERD. >> YES. LOOKING AT THIS PROJECT, ONE OF THE MAIN QUESTIONS WE HAVE TO ASK IS, IS IT A GOOD FIT FOR THE COMMUNITY? OUR COMMUNITY IS NOT ONLY LIVED WITH GOING DOWN A US ONE-QUARTER, BUT IT'S ALSO THROUGH THE ICW AND WHAT WE SEE FROM THERE AND WHAT WE DO FOR OUR COMMUNITY IN THESE TYPES OF PROJECTS. I DO BELIEVE THAT THE LIVING SHORELINE IS A VERY IMPORTANT ASPECT OF WHAT WE AS A COMMUNITY, WHO WE ARE THAT WE NOT ONLY LOOK AT IT FROM THE OUTSIDE, BUT WE LOOK AT IT FROM THE INSIDE, FROM THE WATER, AND THAT'S WHAT THE COMMUNITY, HOW WE LIVE. I THINK THAT WOULD BE A VERY IMPORTANT ASPECT OF HOWEVER WE LOOK AT IT, WHETHER IT'S THE UNDERGROUND LIGHTING, ELECTRICAL UTILITIES AND WE HAVE A TRADE-OFF BECAUSE I DO BELIEVE THAT THE BEST RESTAURANT IN THE FUTURE THAT WILL HAVE AN OPPORTUNITY TO BE UPDATED. THANK YOU. >> THANK YOU. COMMISSIONER PATEL. [01:45:03] >> I GREATLY APPRECIATE THE WORK FROM THE APPLICANT AND STAFF TUNE ON THIS PROJECT AND I'M ALSO VERY APPRECIATIVE OF MY FELLOW COMMISSIONERS FOR RAISING GREAT POINTS WHICH HIGHLIGHT WHAT I HAVE TO DECIDE, AND I THINK THAT WAITING TO COST-BENEFIT ANALYSIS ON THIS, I THINK IT'S DEFINITELY A BENEFIT FOR THE COMMUNITY, SO I TEND TO BE IN FAVOR OF IT SO THANK YOU. >> I WILL SAY THAT ALONG WITH COMMISSIONER FORE, THERE'S PARTS OF THIS APPLICATION THAT I REALLY LOVE AND SOME OF IT I'M NOT SO HARD ON, BUT LIKE YOU SAID, THAT'S UP TO THEM. I JUST DON'T WANT TO BE INVOLVED IN APPROVING DEVELOPMENTS THAT ARE NOT GOING TO BE SUCCESSFUL IN THE WAY THAT THEY'RE PRESENTED TO US. I WOULD PREFER THAT THE RESTAURANT BE RE-EXAMINED AND THE RETAIL SPACE BE RE-EXAMINED TO MAYBE OFFICE SPACE BUT THAT'S MY PREFERENCE. THAT'S ALL I HAVE TO SAY ON THAT ONE. >> CAN I ADD ONE MORE THING. [OVERLAPPING] >> OF COURSE. >> [LAUGHTER] BECAUSE I DO AGREE WITH YOU, I HAVE A HARD TIME THINKING ABOUT THE BUSINESSES THAT MAY NOT SURVIVE THERE. BUT AGAIN THAT'S UP TO THE BUSINESSES DOING THEIR DUE DILIGENCE, WHETHER OR NOT THEY'RE GOING TO BE ABLE TO TAKE THAT LEAP OF FAITH. BUT SAME THING WITH YOU THAT IF IT'S NOT A GOOD FIT, THEN WE WILL SEE THEM RE-EXAMINING IT AND CHANGING IT TO OFFICE SPACE. >> WELL I UNDERSTAND YOUR POINT. THE POINT THAT I MAKE IS THAT THE DEVELOPERS AREN'T ALWAYS NECESSARILY IN IT FOR. [OVERLAPPING] >> EXACTLY. >> THEY JUST BUILT IT, FILL IT, AND SELL IT. JUST LIKE WE'RE SEEING WITH HARBOR SIDE, THEY BUILT IT, THEY DIDN'T FILL IT AND NOW EVERYBODY HATES IT AND IT'S EMPTY AND NOTHING'S HAPPENING THERE. THAT'S WHY I SAY IT, I THINK IT SHOULD BE PART OF OUR DELIBERATIONS TO UNDERSTAND THE FINANCIAL VIABILITY OF WHAT WE'RE APPROVING. I AGREE WITH DAN HEARING ABOUT THE CLASS A OFFICE SPACE AND WE'VE HEARD THAT IN MULTIPLE MEETINGS OVER THE YEARS ABOUT HOW THE LACK OF OFFICE SPACES IS AVAILABLE, THAT'S WHY I DON'T NECESSARILY AGREE SO MUCH WITH THE ANCILLARY RETAIL VERSUS ANOTHER OFFICE OR LIKE THE SUGGESTION OF A REAL ESTATE OFFICE AND A TITLE OFFICE BECAUSE THEY WORK TOGETHER AND THAT THING. >> BUT I ALSO AGREE WITH YOU WHERE PART OF OUR OBLIGATION HERE IF THEY'RE GOING TO MEET THE BAR FOR US GRANTING THEM THE WAIVER, IS THAT SIGNIFICANT PUBLIC BENEFIT NEEDS TO BE GIVEN AS PART OF THIS. >> UNDERSTOOD. I'M NOT GOING TO ARGUE THAT POINT ON [INAUDIBLE]. >> WHAT I'M LOOKING FOR IS THE UNDERGROUNDING THAT STAFF RECOMMENDED PLUS THE LIVING SHORELINE. WHEN WE LEAVE BEST WESTERN TO BEST WESTERN AND ANYTHING ELSE, BUT THAT'S WHAT I'M LOOKING FOR, FOR PUBLIC BENEFIT. >> ANYBODY ELSE HAVE ANY OTHER. >> I WANTED TO ADD THAT I DID STOP BY MANGROVE BAY AND ASKED IF ANYBODY HAD KNOWS ABOUT THE PROJECT AND JUST THE WEEKEND PERSON SAID NO, SHE DIDN'T KNOW ANYTHING. SHE GAVE ME THE NAME OF THE EXECUTIVE DIRECTOR. I CALLED, I LEFT A MESSAGE ON HIS VOICEMAIL. I NEVER GOT A CALL BACK, I STILL WOULD LIKE TO HAVE CONSTRUCTION MITIGATION, BUT YOU WOULD THINK THAT THEY WOULD HAVE SAID WHAT'S GOING ON AND THIS IS REALLY GOING TO HURT THE PEOPLE THAT ARE ON THE NORTH SIDE, THEY'RE GOING TO BE COMPLAINING, BUT I STILL AGREE WITH ASKING FOR SOME CONSTRUCTION MITIGATION. >> WHO WANTS TO TAKE A STAB AT CRAFTING MY MOTION? >> GO FOR IT, COMMISSIONER PATEL. >> MOTION TO APPROVE STAFF'S RECOMMENDATION FOR THE PROJECT AS A LARGE-SCALE PD, SO THE WAIVER FOR THE LARGE SCALE PD AND THE SITE PLAN UNIT. I GUESS I WAS WRONG WITH THAT, BUT WITH THE ADDITIONAL CONDITION OF ADDING A LIVING SHORELINE. >> AS THE CONDITION OF APPROVAL. >> AS A CONDITION OF APPROVAL, WITH AN ADDITIONAL CONDITION OF APPROVAL OF ADDING ANOTHER SHORELINE TO CONSTRUCTION OF LIVING SHORE PLAN AND PROVIDING THE TRAFFIC FLOWS OF THE GARAGE, WHICH INCLUDES AWAY FROM IT IN THIS IMAGE A LITTLE FURTHER. >> I DO LIKE THAT BECAUSE SERVER-SIDE SCRATCH. [01:50:01] >> I'LL SECOND THAT. >> SO WE HAVE A SECOND. ALL IN FAVOR SAY AYE. >> AYE. >> ANY NAYS? I HEAR NONE. MOTION PASSES UNANIMOUSLY. >> THANK YOU VERY MUCH. WE REALLY APPRECIATE ALL THE DELIBERATION, [LAUGHTER] WE ARE LOOKING FORWARD TO REALLY BRINGING FORTH A GREAT PROJECT. >> THAT WAS GREAT. THANK YOU. [OVERLAPPING] IT WAS GOOD. [BACKGROUND] CAN I MAKE A COMMENT BEFORE YOU CALL THE MEETING? [BACKGROUND] STAFF, WHAT'S THE ABILITY FOR YOU TO TAKE SOME OF THESE DRAWINGS AND PUT IT ONLINE FOR US SO WE CAN WATCH IT ON PDF OR SOME FORM, BECAUSE I CAN'T ENLARGE THESE DRAWINGS AND THIS SET WAS REALLY HARD TO READ. >> YEAH, IT'S MICRO. >> I HAD TO USE SOME OF MY KIDS TOOLS TO GO THROUGH IT. >> IT'S VERY DIFFICULT. >> EVEN THEN I WAS CONFUSED. >> [INAUDIBLE] >> I THINK IT WAS THE THE PRINTING STAYS, BUT AT LEAST YOU GIVE US AN OPTION BECAUSE I CAN ALWAYS ZOOM OUT, ZOOM IN ON A SCREEN. >> THEN WE DID HAVE SOME REQUESTS FOR THE DRAWINGS. WE PROBABLY IN RETROSPECT SHOULD'VE SENT IT TO EVERYBODY OUR LINK BECAUSE WE CAN UPLOAD THEM TO FTP SITE IN ORDER FOR YOU, YOU JUST HAVE TO PUT IN A PASSWORD AND THEN ACCESS THE FILES. >> IT'S A DOWNLOADABLE? >> YEAH. >> BUT IS IT A PDF? >> YES. >> YEAH, AND YOU CAN ENLARGE IT, THEY'RE VERY CLEAR. >> HOW LARGE ARE THESE PDFS USUALLY BECAUSE IF THEY'RE SUPER LARGE THEN MODERN COMPUTERS WILL JUST CRASH? >> I DON'T THINK THEY'RE THAT LARGE. THOSE COMPUTERS ARE NOT THAT. [OVERLAPPING] >> SAY THE THING. [LAUGHTER] >> NOT THAT ROBUST. BUT WE CAN TRY TO RESOLVE IT. WE JUST SAY WE USED TO PUT THOSE THINGS ON THE WEB, BUT AFTER WE GOT SUED FOR SOME ADA, NON-COMPLIANCE ISSUES, WE SIGNIFICANTLY PULLED BACK ON THE AMOUNT OF CONTENT WE PUT ONTO THE WEB BECAUSE OF THE PROCESSING THAT'S REQUIRED ASSOCIATED WITH IT. BUT WE CAN MAKE THEM ACCESSIBLE UPON REQUEST AND THAT'S THE BULK OF THE STAFF REPORT, THE LAST LINE OR WE SAYS FOR THE ATTACHMENTS TO CONTACT THE PROJECT PLANNER TYPICALLY AND THEY WILL PROVIDE YOU ACCESS TO THEM. MAYBE WE CAN LOOK AT IT BEST PRACTICE FOR THE FUTURE AND LOOK AT OTHER WAYS WE CAN ADDRESS THAT CONCERN. >> WHY WOULD YOU GIVE THE LARGE PLANS AND I DON'T HAVE A REALLY BIG ISSUE THERE? >> DEFINITELY SYMPATHETIC. >> THIS TIME I WAS STRUGGLING. >> ANYTIME YOU STRUGGLE PLEASE REACH OUT. >> MR. BEAR, DO YOU HAVE ANYTHING FOR US? >> NO. >> MR. SICKLER, ANYTHING WE NEED TO KNOW BEFORE WE ADJOURN? >> NO, ADJOURN. I'M HAPPY, I WISH EVERYBODY HAPPY HOLIDAY. >> HAPPY HOLIDAYS EVERYBODY. LAST YEAR I DIDN'T GET TO SAY THAT. [BACKGROUND] >> HAVING EVERYBODY HERE TONIGHT. IT'S BEEN REALLY NICE TO SEE EVERYBODY. THIS COMMISSION WORKS REALLY WELL TOGETHER. IT'S A GREAT MEETING. >> IT IS 8:53, THIS MEETING IS ADJOURNED. >> THANK YOU. PERFECT * This transcript was compiled from uncorrected Closed Captioning.