[00:00:01]
>> IT'S SEVEN O'CLOCK, TIME TO CALL THE TOWN OF
[CALL TO ORDER]
JUPITER PLANNING AND ZONING COMMISSION MEETING TO ORDER ON THIS FEBRUARY 14TH, HAPPY VALENTINE'S DAY, 2023.MADAM SECRETARY, WOULD YOU CALL THE ROLL?
>> COMMISSIONER WEISMAN, AND COMMISSIONER DUNNING.
>> THE FIRST ORDER OF BUSINESS IS TO APPROVE THE MINUTES FROM THE JANUARY 10TH MEETING.
[MINUTES]
DID ANYBODY HAVE ANY CHANGES TO THE MINUTES?>> MOTION TO APPROVE IS SUBMITTED.
>> HOLD ON THERE. [LAUGHTER] SEEING NO CHANGES, WE'LL TAKE THE MOTION.
>> ANDY, YOU WANT TO SECOND AGAIN?
[CITIZEN COMMENTS]
>> THE FIRST THING ON OUR AGENDA IS CITIZEN COMMENTS WHERE WE GIVE A CITIZENS THREE MINUTES TO TELL US WHAT IS ON THEIR MIND.
DO WE HAVE ANY COMIC CARDS TONIGHT?
>> WOULD YOU CALL THE SPEAKER?
>> THE FIRST PERSON WOULD GLENN DE CHICO.
>> GLENN STEALING THE THUNDER.
>> GOOD EVENING. HAPPY VALENTINE'S DAY.
>> I'M HERE TO JUST MAKE A COMMENT ABOUT RESOLUTION 49-19 THAT CAME TO THIS COMMITTEE HERE THREE AND A HALF YEARS AGO.
THE APPLICATION TO ALTER THE DESIGN OF MALLORY CREEK THAT LED TO THIS RESOLUTION 49-19, IT'S ILLEGAL.
THE TOWN STOPPED ITSELF WHEN IT SENT THE LIAISON BACK TO THE ASSOCIATION.
THIS IS IN SEPTEMBER 22, 2017 IN THE REGULAR MINUTES OF THE BOARD, THE TOWN CENTER, IT WAS REPORTED AT THE TOWN, SENT BACK TO THE ASSOCIATION SAYING, "UNANIMOUS OWNER AGREEMENT WOULD BE REQUIRED TO MOVE FORWARD".
ACCORDING TO THE ASSOCIATION MINUTES, AS I SAID.
ADDITIONALLY, THE TOWN LIKELY TO STOP ITSELF AT LEAST ONE TIME IN THE FIVE-YEARS BETWEEN THE TURNOVER, WHICH IS 2014 BY THE DEVELOPER DE VASTA AND THE PLANNING AND ZONE HEARING OF MAY 2019, WHICH I REFERRED TO.
BY STICKING TO THEIR POSITION ON EXCLUSIONARY REMOVAL OF COMMON AREA TO BENEFIT TWO PERCENT OF THE MEMBERSHIP OF MALLORY CREEK AT THE EXPENSE OF 567 MEMBERS OF EQUAL CLASS.
BY THE WAY, THERE ARE NO CLASS A, CLASS B, THE DEVELOPER DE VASTA DECIDED NOT TO BREAK THE LAW OR BE COMPLICIT IN SUCH ILLEGAL TAKING.
RATHER THAN BREAK THE LAW, HE WENT ON TO BUILD TWO TOWERS TOTALING 220,000 SQUARE FEET OF LUXURY OFFICE SPACE IN NEIGHBORING PALM BEACH GARDENS.
THIS TOWN NEEDS TO FOLLOW HIS GOOD EXAMPLE. TO HEAR THIS APPLICATION TO, IN AN EXCLUSIONARY MANNER, WE REMOVE 0.4 ACRES OF COMMON AREA DEDICATED TO THE ASSOCIATION FOR THE MULTIPLE PURPOSES OF PEDESTRIAN RIGHT-OF-WAY.
THESE ARE FEW ACCESS TO A NETWORK OF A BUDDING COMMON AREAS DRAINAGE, MAINTENANCE OF LOT PROPORTIONS, VERY SIGNIFICANT, AND THUS EQUITABLE COMMON EXPENSE OF PARCEL OWNERS, AS WELL AS AESTHETIC PANORAMA OF NATURE ALONG CONSERVATION EASEMENT WOULD BE A VIOLATION OF STATE STATUTES, SPECIFICALLY 720.3061 C, IN AMENDMENT MAY NOT MATERIALLY AND ADVERSELY ALTER THE PROPORTIONATE VOTING INTEREST A PERTINENT TO A PARCEL, OR INCREASE THE PROPORTION OF PERCENTAGE, THESE ARE NUMERATORS AND DENOMINATORS WE'RE TALKING ABOUT HERE, BY WHICH A PARTIAL SHARES IN THE COMMON EXPENSE OF THE ASSOCIATES AND LESS THE RECORD PARCEL OWNER AND ALL RECORD PARCEL OWNERS LEANS ON THE PARCEL, JOIN IN THE EXECUTION OF THAT AMENDMENT.
THAT DOVETAILS RATHER NICELY WITH PERHAPS IT WAS JOHN SICKLER, I DON'T KNOW WHO, SENT THEM BACK SAYING, YOU NEED APPROVAL VOTE.
FEBRUARY 21, 2018, A NEW TOWN MANAGER TOOK THE HELM OF OPERATIONS WITH THIS TOWN.
IN LIEU OF ENFORCEMENT, HE WRONGLY ALLOWED RESOLUTION 49-19 TO BE HEARD. HE'S GONE.
I AM PARAPHRASING ACTUALLY THE TOWN LAWYER,
[00:05:02]
THE TOWN MANAGER WAS FORCED OUT THIS LAST YEAR OR WHATEVER.WE HAVE A NEW TOWN MANAGER, HOPEFULLY, HE'LL HAVE MORE SENSE.
>> I'M GOING TO HAVE TO ASK YOU TO WRAP IT UP.
>> LET ME JUST READ. OFF OF THE PLAT IT STATES THAT TRACKS OS T1 THROUGH 29 AS SHOWN HERE IN, ARE HEREBY DEDICATED TO MALLORY CREEK HOMEOWNER'S ASSOCIATION, INC, ITS SUCCESSORS.
IT ASSIGNS FOR THE OPEN SPACE LANDSCAPE AND IRRIGATION, TEMPORARY SURFACE WATER RETENTION, DRAINAGE, AND PUBLIC PEDESTRIAN ACCESS PURPOSES, AND ARE THE PERPETUAL MAINTENANCE OBLIGATION OF SAID ASSOCIATION AND ITS SUCCESSORS IN SIGNS WITHOUT RECOURSE TO THE TOWN OF JUPITER.
SO I ASKED YOU WHY YOU ARE EVEN CONSIDERING IT BECAUSE IT TOOK A NEW TOWN MANAGER TO CREATE AND HEAR THE RESOLUTION 49-19, HE'S GONE, THE TOWN CAN NOT STEP IN WHERE THE ASSOCIATION FAILS.
THE TOWN CANNOT STEP IN WITH ASSOCIATION FAILS ACCORDING TO THE LETTER.
>> THANK YOU VERY MUCH. HAPPY VALENTINE'S DAY.
>> I KNOW WE USUALLY DON'T COMMENT ON THAT, BUT IT'S GOING TO BE IN FRONT OF TOWN COUNCIL NEXT MEETING.
>> BEFORE PLANNING AND ZONING.
>> IT WENT BEFORE THE PLANNING COMMISSION, I BELIEVE IN 2019 MAYBE.
>> THE NEXT PERSON REPORTING IS ANKUR PATEL. THREE MINUTES.
>> ANKUR PATEL, 1099 LAKESHORE DRIVE, HAPPY VALENTINE'S DAY.
LAST WEEK, I GOT APPOINTED TO THE PLANNING BOARD FOR PALM BEACH COUNTY.
>> BECAUSE THAT HAPPENED, I HAD TO LEAVE THE LOVELY FOLKS ON THE TABLE RIGHT IN FRONT OF ME TO FEND FOR THEMSELVES.
I DO WANT TO THANK ALL OF YOU GUYS FOR ALL THE SUPPORT, ALL THE HELP, ALL THE KNOWLEDGE, EVERY TIME YOU SHARE OVER THE LAST SOME OF YOU GUYS RECENTLY, SOME OF YOU FOR THE WHOLE TIME I'VE BEEN HERE, I'M VERY THANKFUL FOR TOWN COUNCIL FOR APPOINTING ME AND FOR CONTINUING TO BELIEVE IN ME AND I HOPE I DO MY JOB AND SERVE THE COMMUNITY AT THE BEST I COULD.
I THINK THERE WERE TIMES WHERE PEOPLE MIGHT QUESTION IT, BUT I THINK MY HEART WAS ALWAYS THERE IN SERVING THE COMMUNITY AND I HOPE THAT SHOWED IN MY ACTIONS AND I'M THANKFUL FOR EVERYBODY HERE AND THIS MIGHT AS WELL BE THANKSGIVING WHILE IT'S VALENTINE'S.
[LAUGHTER] THANK YOU, GUYS. I TOTALLY APPRECIATE EVERYTHING THAT THE TOWN'S ALLOWED ME TO DO.
>> WE REALLY GOING TO MISS YOU.
>> I PERSONALLY BELIEVE YOU DID.
>> I WOULD LIKE TO SAY, THANK YOU FOR ALL YOUR YEARS OF SERVICE AND WE'LL MISS YOU AND GOOD LUCK.
>> GOOD LUCK. CONGRATULATIONS.
>> THE COUNTY NEEDS SOME HELP.
[LAUGHTER] JOSIE, DO YOU HAVE MEETINGS TO BE SIGNED? I DIDN'T SEE YOU ONE. I JUST SEE WHAT CAME IN MY PACKET.
WE'RE GOING TO MOVE ON WHILE WE DO THAT TO OUR FIRST AND ONLY AGENDA ITEM,
[B.1. Harbourside]
WHICH IS THE AMENDMENT TO AN APPROVED PLANNED UNIT DEVELOPMENT FOR HARBOURSIDE PLACE.WE CAN START WITH THE APPLICANT.
WAIT, DO WE HAVE DISCLOSURES? ANYBODY HAVE ANY DISCLOSURES?
>> I SPOKE WITH COUNCILWOMAN CHERYL SNYDER AND I SPOKE WITH STAFF REGARDING THE PEG.
>> THE DISCLOSURES ARE NORMALLY THE CONVERSATIONS THAT YOU HAD.
MR. MAYOR, DO YOU WANT TO SWEAR IN?
>> I'M SPEAKING TO PLEASE STAY AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR THE TESTIMONY ABOUT THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
>> THANK YOU. WE'LL HEAR FROM THE APPLICANT. MS. O'MAHONEY.
>> GOOD EVENING, COMMISSION. MADAM CHAIR.
I'M EMILY O'MAHONEY, LANDSCAPE ARCHITECT AND PLANNER WITH 2GHO HERE TO BRING YOU AN AMENDMENT TO THE SITE PLAN AND PUD FOR HARBOR SITE.
>> WITH ME, I ALSO HAVE NICHOLAS MASTROIANNI, REPRESENTING THE OWNER.
IF THERE ARE ANY QUESTIONS OR CONCERNS, HE IS HERE ALSO.
LET'S SEE. SOME OF YOU WHO ARE NEW AND I GATHERED HAD BEEN ASKING ABOUT HARBOURSIDE.
HARBOURSIDE IS A MIXED-USE DEVELOPMENT THAT WAS INITIALLY PLANNED IN THE EARLY 2000S AND APPROVED IN 2008.
[00:10:02]
OF COURSE, IT GOT DELAYED BEING CONSTRUCTED BECAUSE OF THE RECESSION, BUT IT WAS COMPLETED IN 2014.IT'S WITHIN THE US1/ICW MIXED USE DISTRICT ENTERTAINMENT SUBDISTRICT.
THE DEVELOPMENT STARTED OUT SUCCESSFULLY, LARGELY FOCUSED ON LIVE ENTERTAINMENT AND RETAIL, BUT THE PANDEMIC CONSUMER SHIFTS AND OTHER ELEMENTS HAVE ECONOMICALLY DISTRESSED THE DEVELOPMENT.
THE GOALS OF THESE AMENDMENTS IS TO REPOSITION THE CENTER TO MEET SHIFTS AND CONSUMER EXPECTATIONS AND THE DEMAND FOR INCREASED RESTAURANT OF RETAIL.
THE RESTAURANTS HELD THROUGH THE PANDEMIC, THE RETAIL DID NOT.
CAPITALIZE ON THE TREND OF NATIONAL AND LOCAL OFFICE TENANT DEMAND AND PROVIDE MORE OPPORTUNITY FOR EMPLOYMENT.
IDENTIFY INEFFICIENT AND ACCEPTABLE MEANS OF OPERATING AND EVENTS PROGRAMMING SCHEDULE FOR THE COMMUNITY.
THERE ARE USE CHANGES AND ALL THE USE CHANGES ARE HAPPENING IN BUILDING 3A, AND I'LL SHOW YOU WHERE THAT IS IN A MOMENT.
THESE USE CHANGES ARE TAKING 9,500 SQUARE FEET OF RETAIL AND PUTTING IT INTO 7,200 SQUARE FEET OF RESTAURANT AND ADDITIONAL, THE REMAINDER GOES INTO STORAGE FOR HARBOURSIDE PLACE.
WITH THAT RESTAURANT IS AN ADDITIONAL 1,200 SQUARE FEET OF OUTDOOR SEATING IN THE SAME BUILDING.
NOW, UNDERSTAND IN THIS BUILDING, THERE'S DIFFERENT USES ON THE GROUND FLOOR, BUT ABOVE THAT IT'S ALL PARKING GARAGE, EXCEPT FOR ONE SMALL AREA ON THE THIRD FLOOR WHICH OVERLOOKS THE AMPHITHEATER.
THAT'S 3,933 SQUARE FEET, WHICH WE WANT TO CHANGE FROM INDOOR REC TO OFFICE SPACE TO MAKE IT USABLE.
WE'RE ASKING FOR THE ELIMINATION OF THE OUTDOOR VENUE DESIGNATION, WHICH IS SOMETHING THAT THE TOWN HAS IN THE CODE.
THIS OUTDOOR VENUE, IF IT'S DESIGNATED, ALLOWS FOR AN UNLIMITED NUMBER OF AMPLIFIED EVENTS.
WE'RE GOING TO REPLACE THAT WITH THE SUBMISSION OF AN ANNUAL EVENT PROGRAM SCHEDULE THAT LIMITS LIVE AMPLIFIED EVENTS TO ONLY 10 ANNUALLY.
WE'RE GOING TO MODIFY THE PREVIOUS APPROVED CONDITIONS OF APPROVAL IN REGARDS TO USES, PARKING, SOUND AND EVENTS TO ALLOW THE ABOVE, INCLUDING PERMITTING THE USE OF UP TO 68 OF THE 95 SURPLUS PARKING SPACES FOR THE CHANGES IN USE IN BUILDING 3A.
IN THE TOP PICTURE, YOU CAN SEE WHERE IT SITS ON THE SITE PLAN.
IT IS THE MAIN ENTRY TO HARBOURSIDE.
THIS IS A SPACE THAT HAS NEVER BEEN LEASED OR BUILT OUT.
THEN THE LOWER ONE, YOU CAN SEE A DETAIL OF IT.
THE RED IS THE RESTAURANT SPACE, THE 7,200.
THE UPPER RIGHT-HAND CORNER IS A SKETCH DIAGRAM OF WHAT THE OUTDOOR DINING COULD LOOK LIKE.
IT WILL ACTIVATE THE CORNER TO HAVE PEOPLE OUT THERE.
JUST AS AN ASIDE, WE HAVE A NATIONAL INTEREST IN THIS SPACE, WHICH WOULD BE REALLY COOL TO ADD TO TO JUPITER'S OPPORTUNITIES FOR DINING.
THIS IS A PICTURE OF WHAT IT LOOKS LIKE.
THERE ARE PICTURES ON THE GLASS JUST TO MAKE IT LOOK LIKE IT'S ACTIVATED.
THIS IS WHAT IT COULD LOOK LIKE.
BRINGING OUTDOOR DINING AND ACTIVITY TO THAT CORNER, THE FIRST PLACE YOU SEE WHEN YOU DRIVE IN, FOR MOST PEOPLE.
IN THE SAME BUILDING BEHIND THE RESTAURANT IS THE PURPLE AREA WHERE WE'RE ASKING FOR STORAGE SPACE TO SUPPORT THE OPERATIONS OF THE HARBOURSIDE PLACE.
THEN THIS IS THAT INDOOR RECREATION TO OFFICE USE.
YOU CAN SEE IT'S SURROUNDED BY PARKING, BUT IT'S UP ON THE THIRD FLOOR.
IT OVERLOOKS THE AMPHITHEATER.
REALLY COOL SPACE, WHICH MEANS IT HAS VIEWS DOWN THE WATER.
NOW, THE OUTDOOR VENUE WOULD APPLY TO THE AMPHITHEATER, WHICH YOU CAN SEE PICTURES OF HERE.
THAT WE'RE REMOVING TO ACTUALLY CREATE A CUSTOM PROGRAM THAT DEALS SPECIFICALLY WITH THIS SPACE AND HOW IT NEEDS TO OPERATE, AND WHAT THE TOWN AND THE COMMUNITY ARE WILLING TO WORK WITH.
[00:15:02]
YOU COULD HAVE UNLIMITED NUMBER OF AMPLIFIED EVENTS.BUT BY REPLACING IT WITH THE PROGRAM, THE EVENT SCHEDULE, THEN IT LIMITS IT AND IT'S QUANTIFIED.
ANNUALLY, WE WILL BE COMING FORWARD TO PRESENT A STATEMENT OF USE, LIST OF LOCATIONS, DESCRIBE THE EVENTS, SHOW THE TRAFFIC CIRCULATION LIKE IF WE CLOSE ROADS, ET CETERA, AND HOW THINGS ARE MODIFIED, AND THE MANAGEMENT OF THESE TRAFFIC FOR LARGE EVENTS.
PLEASE NOTE THAT IT HAD ALREADY BEEN DETERMINED THAT THERE CAN BE ONLY ONE DAY IN A ROW OF AMPLIFIED EVENTS.
YOU CAN'T HAVE A THREE DAY FESTIVAL AND HAVE LIVE MUSIC ON ALL THREE DAYS.
WE'RE TALKING ABOUT 24 LARGER COMMUNITY EVENTS PERMITTED THROUGH THE SUBMISSION OF THIS ANNUAL EVENT PROGRAMMING SCHEDULE.
THEY ARE SUBJECT TO THE SOUND LIMITATIONS OF THE TOWN WITH A CONDITION THAT UP TO 10 OF THOSE AS ONE DAY EVENTS WITH AMPLIFIED LIVE MUSIC.
WHICH WOULD BE THE CRITERIA OF 75DBA AT THE HARBOURSIDE PROPERTY LINE, WHICH WE HAVE GONE THROUGH TESTING AND DETERMINATION.
WE WOULD CONTINUE TO ALLOW ROUTINE TYPE EVENTS, WATERFRONT MARKET, YOGA, CAR SHOWS, OR SIMILAR PER ANNUAL PROGRAM AND CONSISTENT WITH THE SPECIAL MAGISTRATE ORDER.
PARKING CHANGES. THE PARKING CHANGES ARE BECAUSE OF THE USE CHANGES, PARTICULARLY THE ADDITION OF THE RESTAURANT.
THE AMENDMENT WOULD ALLOCATE UP TO 68 OF THE 95 SURPLUS PARKING SPACES FOR THE CHANGES OF USES THAT WE HAVE GONE THROUGH.
JUST SO YOU GET AN OVERVIEW, THIS IS THE UP-DOWN RETAIL'S DOWN RESTAURANTS UP ALMOST IN THE SAME PROPORTION.
NEW OUTDOOR DINING WHICH WILL BE PARKED AT TODAY'S CODE, NOT AS HARBOURSIDE WAS APPROVED.
WE HAVE ADDITIONAL OUTDOOR DINING.
OFFICE GOES UP BECAUSE OF THAT THIRD FLOOR SPACE.
CULTURAL STAYS THE SAME, HOTEL ROOM STAY THE SAME, STORAGE GOES UP AS WE DISCUSSED.
INDOOR RECREATION IT'S BEEN REMOVED FROM THE USES.
THE MARINA STAYS THE SAME, DOES NOT CHANGE.
JUST TO SHOW THAT IT WORKS, I DON T THINK WE NEED TO GO OVER THIS IN DETAIL UNLESS SOMEONE HAS ANY QUESTIONS.
BUT THAT CONCLUDES WHAT WE THINK IS SIMPLE AMENDMENT TO HARBOURSIDE, TO MAKE IT A SUCCESSFUL PLACE FOR THE TOWN AND FOR THE OWNER. THANK YOU. [OVERLAPPING].
>> THANK YOU. NOW WE HAVE FROM PETER MEYER.
>> GOOD EVENING, COMMISSIONERS.
FOR THE RECORD, PETER MEYER, SENIOR PLANNER OF STAFF.
THE APPLICATIONS FOR CONSIDERATION BY THE PLANNING AND ZONING COMMISSION IS A PUD AMENDMENT TO MODIFY PREVIOUSLY APPROVED CONDITIONS OF APPROVAL, IN REGARDS TO PARKING, SOUND AND EVENTS.
A SITE PLAN AMENDMENT TO MODIFY USES AND ADDRESS PARKING AND OUTDOOR SEATING FOR BUILDING 3A.
IN ADDITION, WE APPEAL AUTHORIZATION TO CREATE AN OUTDOOR VENUE WHICH PERMITS UNLIMITED EVENTS AND REPLACE IT WITH THE REQUIREMENT TO SUBMIT AN ANNUAL EVENTS SCHEDULE FOR 24 COMMUNITY EVENTS, UP TO 10 OF WHICH WILL BE LIVE AMPLIFIED MUSIC EVENTS.
CONTINUE TO PERMIT ROUTINE EVENTS SUCH AS WATERFRONT MARKET, YOGA, CAR SHOWS, THAT WERE ESTABLISHED IN A SETTLEMENT AGREEMENT PREVIOUSLY APPROVED BY THE TOWN'S [INAUDIBLE] SPECIAL MAGISTRATE.
[INAUDIBLE] IS A COMPONENT OF ANY OF THE 24 COMMUNITY EVENTS OTHER THAN A 10 LIVE EVENTS SHALL NOT EXCEED THE SOUND AND REGULATIONS ESTABLISHED IN THE CODE.
THE 10 LIVE MUSIC EVENTS CANNOT EXCEED 75DBA MEASURED AT A THREE MINUTE LEQ AT THE HARBOURSIDE UPLAND PROPERTY LINE, WHICH ALIGNS WITH THE LEVELS THAT HAVE NOT RESULTED IN COMMUNITY COMPLAINTS.
THE APPLICATION ALSO PROPOSES THE FOLLOWING CHANGES IN BUILDING 3A.
ONE IS CHANGE 9,595 SQUARE FEET OF RETAIL TO 7,252 SQUARE FEET OF RESTAURANT AND 2,343 SQUARE FEET OF ACCESSORY STORAGE ON THE GROUND FLOOR.
TWO, CHANGE 3,933 SQUARE FEET OF INDOOR CREATION USE TO OFFICE ON THE THIRD FLOOR.
AND LAST IS ADD 1,215 SQUARE FEET OF OUTDOOR SEATING TO THE PROPOSED RESTAURANT, OF WHICH 409 SQUARE FEET OF IT WILL BE REQUIRED TO BE PARKED.
[00:20:01]
THERE ARE NO PHYSICAL CHANGES TO THIS SITE PLAN TO ASSESS SITE ITSELF.IF APPROVED, THE APPLICATION WOULD MODIFY CONDITION 15 OF OREGON'S 14-08 AND RESOLUTION 2508, THAT REQUIRE AN 95 SURPLUS PARKING SPACES WITHIN HARBOURSIDE.
THE COMMISSION WOULD BE AN AMENDMENT TO RETAIN 29 OF THE 95 PARKING SPACES FOR SURPLUS PARKING.
STAFF HAS REVIEWED THE PROPOSED AMENDMENTS TO THE PUD AND SITE PLAN AND FINDS THE PROPOSED AMENDMENTS WITH THE CONDITIONS IN EXHIBIT 1 FOR THE PUD, AND EXHIBIT 2 FOR THE SITE PLAN CONSISTS OF THE COMPREHENSIVE PLAN AND MEET THE TOWN CODE.
LIKE I SAID, THERE MAY NOT BE TIME FOR REBUTTAL. THANK YOU.
>> THANK YOU. MR. FORE, WOULD YOU LIKE TO START US OFF WITH QUESTIONS?
>> YES. THIS WAS FOR YOU, PETER.
I'VE HEARD YOU MENTION OF THE WORD SURPLUS PARKING.
ARE ARE THEY GOING TO MEET THE CODES WITHOUT ANY PARKING VARIANCE?
>> JUST FOR MY EDIFICATION, DOES THE SURPLUS MEAN WHERE ARE THEY COMING FROM, THAT PART OF THE PARKING GARAGE? WHAT DO YOU MEAN BY SURPLUS? HOW MANY THEY HAD PRIOR TO THIS EXTRA PARKING SPACES? OKAY.
THEY'RE NOT GOING TO GO OVER ANY PARKING SPACE REQUIREMENT AT ALL?
>> THAT'S GOOD. ONE DAY EVENTS NOW GOING TO BE LIMITED TO ONE DAY EVENTS.
WERE THERE MULTIPLE DAY EVENTS BEFORE?
>> THEY WERE STILL BE ABLE TO HAVE MULTIPLE DAY EVENTS FOR THE NON LIVE MUSIC EVENTS, SO IF THEY HAD SOME TYPE OF A FESTIVAL, THEY COULD HAVE SOMEBODY IT JUST NEEDS TO BE APPROVED THROUGH THE ANNUAL EVENT PROGRAM SCHEDULED BY THE TOWN COUNCIL SO SOME OF THE EVENTS COULD BE MULTIPLE DAY, BUT THE LIVE MUSIC ARE SINGLE DAY.
>> PRIOR TO THIS, WERE MULTIPLE DAYS OF LIVE MUSIC PERMISSIBLE?
>> IN THE BEGINNING, THEY HAD UP TO FIVE DAYS, LIKE WEDNESDAY THROUGH SUNDAY.
THEY HAD LIVE MUSIC DURING SOME WEEKS AND THEN MORE TO TWICE A WEEK IN THE MIDDLE YEARS AND THEN IT'S BEEN LIMITED IN THE LAST COUPLE OF YEARS, AT LEAST, TO THE NUMBER OF EVENTS THAT ARE ALLOWED BY THE SPECIAL PERMANENT ORDINANCE, WHICH IS 12 EVENTS PER YEAR.
BUT THAT DOES ALLOW MULTIPLE-DAY PROVIDED THAT THERE IS NO MORE THAN 24 TOTAL DAYS OF THOSE SPECIAL PERMIT A EVENTS.
>> THE 75 DB NUMBERS, THAT'S THE SAME NUMBER THAT IT'S BEEN FOR A WHILE?
>> YES, WE'VE BEEN USING THAT AS A CONDITION AND MONITORING THEIR LIVE MUSIC EVENTS OVER THE LAST PROBABLY MORE THAN TWO YEARS AND WE FOUND THAT THAT IS A LEVEL THAT HAS NOT RESULTED IN COMMUNITY COMPLAINTS.
>> GOOD. THAT'S A HISTORICAL NUMBER THAT'S BEEN MEASURED ALONG THE PROPERTY LINES?
>> YES, WE HAVE A MONITORING SYSTEM THAT'S INSTALLED BEHIND THE STAGE ALONG THE REAR PROPERTY LINE, WHICH IS ON EXACTLY ON THE RAILING OF THE RIVERWALK AND THAT HAS A DIRECT FEED AND IT'S MONITORED IN A THREE-MINUTE LHOQ INCREMENTS.
IT CAN BE MONITORED REAL TIME AND THEN IT'S DOCUMENTED WITH SOUND CLIPS.
>> THE 24 EVENTS/10 EVENTS, ARE THOSE STILL GOING TO BE EVENTS THAT HAD TO BE APPROVED DEPENDING ON THE TYPE OF EVENT? FOR INSTANCE, A FIREWORK EVENT THAT'S STILL REQUIRE ADDITIONAL APPROVAL.
ANY AUTOMATIC APPROVAL IS BEING INCORPORATED INTO THIS?
>> THE EVENTS WOULD BE APPROVED AT THE ANNUAL EVENT PROGRAM ANNUALLY.
>> IT'D BE COORDINATION WITH THAT EVENT.
THE EVENT PROGRAM REVIEW WILL GO THROUGH THE NECESSARY STEPS OF REVIEWED BY AGENCIES THAT HAVE JURISDICTION.
>> IT SOUNDS LIKE WE'RE REALLY NOT GIVEN UP MUCH, IF ANYTHING?
>> NOT FROM A REVIEW STANDPOINT, IT'S JUST TO BE SCHEDULED OUT ON AN ANNUAL BASIS INSTEAD OF, WEEK TO WEEK OR MONTH TO MONTH.
>> THANK YOU. COMMISSIONER PATEL.
>> YES. OTHER QUESTION FOR MR. MASANINO.
>> I'M A BUSINESS PERSON AND I'M CONCERNED.
I WAS WONDERING FROM YOUR PERSPECTIVE, DO YOU THINK THAT 10 EVENTS, THE LIVE MUSIC THAT THEY SPOKE ABOUT THAT CAN BE ENOUGH TO SATISFY YOUR TENANTS IN HARBOURSIDE? BECAUSE I KNOW I SPOKE TO A BUNCH OF THESE SMALL BUSINESSES THERE AND THEY GET A LOT OF TRAFFIC WHEN THEY GET THE MUSIC.
NOW IF THERE'S ONLY 10, DO YOU THINK THERE'S GOING TO BE ENOUGH TRAFFIC FOR THE TENANTS THAT AREN'T THERE AND IT'S COMPOSED OF THE ONES THAT ARE COMING IN, SO WHAT IS YOUR PERSPECTIVE ON THAT?
[00:25:01]
>> IT'S BEEN CHALLENGING FOR OVER THE YEARS WITH THE COMMUNITY AND HOSTING EVENTS.
WE'RE OKAY WITH, I GUESS, ACCEPTING OF THE NUMBER OF EVENTS.
WE'RE GOING TO PROGRAM AND FOCUS A LOT MORE ON OTHER TYPES OF NON AMPLIFIED EVENTS. SO ART SHOWS, CULTURAL FESTIVALS, WE DO THE CAR SHOWS, VENDOR MARKETS, FARMERS MARKETS, AND OTHER TYPE OF VENDOR MARKETS TO TRY AND MAKE UP FOR THE LOSS OF TRAFFIC DRIVING BUSINESS FROM MUSIC AND OTHER THINGS THAT PEOPLE WANT TO COME OUT AND SEE.
WE'RE IN AGREEMENT ON THE NUMBER.
OBVIOUSLY, WISH THERE WAS MORE, BUT I THINK IT'S A GOOD BALANCE FOR US TO TRY AND MOVE FORWARD TOGETHER.
>> I DON'T HAVE ANY OTHER QUESTIONS.
>> I'VE BEEN FOLLOWING THIS OVER THE YEAR SO AS FAR AS FIRST QUESTION FOR STAFF IS THAT WE'RE JUST DEALING WITH THE CYCLIC CHANGES BECAUSE OF THE SETTLEMENT BASICALLY DEALT WITH THE TYPE OF SOUND COMPONENTS THAT YOU HAVE.
BECAUSE I KNOW THAT THAT WAS ONE THING THAT WAS TALKED QUITE A BIT WITH COUNCIL SO THAT WAS PART OF THE SOUND SETTLEMENT.
THE SOUND MONITORING SYSTEM AND EVERYTHING.
THAT'S WHY THE EXACT COMPONENTS ARE NOT IN OUR PACKET.
WE'RE NOT DEALING WITH THE EXACT SOUND EQUIPMENT BECAUSE THE OTHER PART OF THE SETTLEMENT.
>> WELL, THE REQUIREMENT IS THAT THEY MEET THE TOWN CODE REQUIREMENTS FOR SOUND OR FOR THOSE 10 EVENTS THAT THEY MEET THE 75 DECIBELS AT THE PROPERTY LINE, SIMILAR TO HOW WE'VE BEEN MONITORING EVENTS OVER THE LAST COUPLE OF YEARS.
THEY HAVEN'T PROPOSED ANY CHANGES TO THE SPEAKER SYSTEMS OR ANYTHING WITH US AND OF COURSE, THAT'S WHAT THEY'VE BEEN USING IN THE PAST.
WE'VE BEEN MONITORING SO THE RECOMMENDATIONS AND THE STRUCTURE OF THE SETS, THE PARAMETER THAT THEY HAVE TO MEET AND IF THEY FIND THAT THE CRM SYSTEM NEEDS TO BE CHANGED, THEN THEY WOULD NEED TO COME BACK WITH A SEPARATE REQUEST TO, UPGRADE IT, MODIFY IT, OR REPLACE IT.
>> JUST A COUPLE OF CLARIFICATIONS WITH PARKING.
I'M SEEING JUST LIKE A TWO SPACE DISCREPANCY BETWEEN THE STAFF REPORT ON PAGE 3, IT SAYS THAT OF THE 95 SURPLUS WHICH WERE PART OF THE PUBLIC BENEFIT, THE CONDITION AMENDED TO RETAIN 29, SO 29 FROM 95.
I'VE CALCULATED IT FIVE TIMES, I COME UP WITH 66.
HOWEVER, THE APPLICANTS STATEMENT OF VIEW SAYS THAT UP TO 68 CAN BE ASSIGNED, SO WHAT'S JUST DISCREPANCY WITH THE TWO?
>> THE SETTLEMENT AGREEMENT AUTHORIZED USE OF UP TO 68 OF THE 95 SPACES.
THE SPECIFIC MIX OF USES THAT THEY'VE PROPOSED ONLY NECESSITATED USE OF 66 OF THE SPACES, SO THAT'S WHY THERE'S A DIFFERENCE OF TWO.
>> MAYBE YOU WANT TO PUT THAT IN THE STAFF REPORT BECAUSE I DIDN'T FIND THE EXTRA TWO IN THE STAFF REPORT AT ALL.
I JUST FOUND THAT 29 WERE RETAINED.
THE OTHER THING THAT I WANTED TO ASK IS THAT ON THE DRAWINGS THAT WE GOT, IT'S SHOWING PARKING SPACES IN THE CLEARED LOT TO THE, LET'S SEE.
WHAT WOULD THAT BE? TO THE SOUTH OF DARK SIDE CIRCLE AND THEN ALSO IN THE EFFICIENT HEALTH.
BUT SO ARE ANY OF THOSE PARKING SPACES ADDED UP INTO THE 885?
>> OBVIOUSLY, [OVERLAPPING] THE PARK SPACES THAT ARE DRAWN HERE.
>> OFFSITE AND NOT PART OF THE PROPERTY [INAUDIBLE] [OVERLAPPING] SO THAT REPRESENTATION IS SOMEWHAT MEANINGLESS.
>> JUST WANTED TO CLARIFY THAT.
>> THEY WERE NOT COUNTED AS PART OF THE TOTAL.
>> ALSO UNDER THE BRIDGE [OVERLAPPING].
>> OKAY. I JUST WANT TO CLARIFY ALL THAT.
GET THAT ON THE RECORD. THE LAST THING IS THE MARINA.
WE HEARD IN '21, I BELIEVE, WHEN THERE WAS A REQUEST FOR A SPECIAL EXCEPTION USE OF UP TO 41 SLIPS AND SO NOW WE'RE BACK TO THE '22, BUT EMILY JUST SAID THE MARINA WILL STAY THE SAME.
WELL, THERE WAS A JET RIDE SIGN THAT'S STILL UP THERE AND I DON'T KNOW WHETHER OR NOT THE SPECIAL EXCEPTION THAT WAS ASKED FOR
[00:30:02]
TWO YEARS AGO WAS TO INCLUDE BOAT RENTAL STAFF.IS BOAT RENTAL STILL GOING ON DOWN THERE?
>> I'M NOT SURE. I HAVEN'T GONE OUT AND DONE INSPECTION SO FAR AS THE JET RIDE.
IT'S NOT BEEN THAT LONG SINCE I'VE SEEN THAT OPERATION IN EFFECT.
BUT AS PART OF THIS REVIEW, WE WERE ASKED TO FOCUS ON THE CHANGES AND USES IN THE BUILDING AND THE PARKING NEEDS ASSOCIATED WITH THAT AND THE CHANGES ASSOCIATED WITH THE SOUND OF BRINGING THAT INTO COMPLIANCE.
WE HAVE NOT GONE BEYOND THE LIMITS OF THAT BUILDING 3A AND THE AMPHITHEATER ACTIVITIES.
>> I'VE GOT A QUESTION FOR MR. MASTROIANNI.
OF THE 22 SLIPS, WHAT ARE THEY BEING USED AT FOR RIGHT NOW?
>> OFF TOP OF MY HEAD, I DON'T KNOW EXACTLY EACH SLIP.
>> YOU DON'T KNOW WHETHER OR NOT THEY'RE ALL PRIVATE OR PONTIKI IS STILL THERE.
>> I JUST WANT TO GET ON THE PUBLIC RECORD FOR AWHILE, THE SHENANIGANS ON THE PUBLIC DOC WAS THE JET RIDE WAS BRINGING DOWN IN STAGING RENTALS THERE.
SO ON THE PUBLIC DOTS ON THE WEEKENDS AND THEN ALSO RENTING OUT OF THERE.
SO I WANTED TO GET ON THE RECORD.
THAT QUESTION TO THE MARINA'S STILL SHOULD BE DISCUSSED.
SO ANYWAY, THAT'S ALL THE QUESTIONS I HAVE.
>> THANK YOU. I HAVE TWO QUESTIONS.
I WANT TO SAY. I'LL GET YOURS FIRST.
BUT IN THE ACCESSORY STORAGE UNIT, IT CAN THAT BE AT SOME POINT, CAN IT BE RE-ADAPT IT ANYTHING ELSE OTHER THAN STORAGE? IF HE CAME BACK AND ASKED FOR A CHANGE ON IT.
>> SO WHERE IT'S PHYSICALLY LOCATED, IT'S ACTUALLY ONLY THE BACK OF HEARTS QUARTER WHERE THE DUMPSTERS ARE? SO OVER THE TIME, WE'VE ALWAYS JUST USED IT AS OVERFLOW OF BENCHES AND DOORS AND JUST THINGS WILL HOP SIDE.
THERE'S REALLY NO STORAGE THAT'S MISS THEM THE DESIGN.
WE'VE TAKEN THE BACK OF IT WHAT IS ACTUALLY CONSIDERED RETAIL AND JUST USE IT AS STORAGE THAT'S ONLY ACCESSIBLE.
>> ACCESSIBLE TO THE RESTAURANT AFTER IT BUILD-OUT?
WHO'S RESPONSIBLE FOR THIS? I'M BLIND.
[LAUGHTER] IN THE FUTURE, WOULD YOU PLEASE [INAUDIBLE] THESE THINGS UP BECAUSE I HAD TO TAKE MY GLASSES OFF AND THEN FOLD IT UP TO MY FACE.
>> NOTE TAKING. I'M THE LAST STUFF THAT WE RAN FOR DID MERGE IT BECAUSE OF THAT.
>> I WILL STILL THE SAME TIME.
>> AND THEN I MISSED SOME OF IT.
I HAVE NO OTHER QUESTIONS OTHER THAN THAT.
DO WE HAVE ANY PUBLIC COMMENTS?
>> THANK YOU. DO WE HAVE ANYBODY WANT TO [INAUDIBLE] EMOTION? WELL, DISCUSSION ARE DISCOURAGED. YES. I'M SORRY.
>> THE ONE THING THAT CONCERNS ME FOR ABOUT THE PARKING IS 22 SLIPS FOR THE MARINA THAT THAT IS HELD TO BECAUSE PRIOR IN '21 WHEN THEY WERE ASKING FOR SLIPS TO BE INCLUDED UP TO 41 SLIPS, THERE WAS ADDITIONAL PARKING THAT WAS REQUIRED FOR THE BOAT RENTAL BUSINESS.
THAT IS A CONCERN THAT I HAVE THAT PARKING SHOULD BE THE CONDITION OF APPROVAL SHOULD BE TO KEEP THE PARKING REQUIREMENTS AND THE SLIPS TO 22.
>> THAT'S HOW THE PARKING WAS CALCULATED? CORRECT, PETER JOHN?
>> IT WAS CALCULATED BASED ON THE 22 SLIPS FOR.
>> YES, I LIKED THE IDEA THAT WE'RE FINALLY BEGIN SHOWING SOMETHING WHERE THEY PARKINGS MET, WE'RE ACTUALLY GOT A FEW EXTRA PARKING SPOT, SO I LIKED THAT A LOT.
THAT'S GOOD. ONE OF THE BEST THINGS THAT'S GOING TO HAPPEN TO THIS PLAZAS, PUTTING OUTDOOR DINING AT THE ENTRANCE.
THE LEMMING EFFECT, PEOPLE DRIVE IN SOON, PEOPLE OUT FRONT.
I THINK IT'D BEEN DEAD FOR THIS LONG HURT THAT PLAZA.
I THINK GOING FROM RETAIL TO RESTAURANT IS A GOOD IDEA.
THAT'LL BE A BETTER FIT THAN THE PLAZA.
BUT I RECOGNIZE YOUR REQUIREMENTS FOR THE PARKING RESTRICTIONS ON THE MARINA.
BUT OTHERWISE, I LIKE IT AS IS.
>> THAT'S OKAY. IT'S A DISCUSSION BACK AND FORTH.
>> GOOD. MY DISCUSSION [LAUGHTER] IS THAT THIS HAS GONE ON FOR YEARS.
[00:35:01]
I'M REALLY KUDOS TO ALL THE HARD WORK THAT STAFF AND AND HARBOURSIDE, MR. MASTROIANNI HAS DONE TO COME TOGETHER AS A SETTLEMENT THAT THE TOWN NEEDS TO EMBRACE HARBOURSIDE, MAKE IT SUCCESSFUL.LOOKING FORWARD TO THAT HAPPENING.
SO KUDOS TO EVERYBODY FOR COMING UP WITH SOMETHING FAIR
>> I JUST WANT TO AGREE WITH COMMISSIONER HAGUE IN THE SENSE THAT IT'S BEEN TOO MUCH ALL FIGHTING BETWEEN THE TOWN AND HARBOURSIDE. I'M GLAD YOU GUYS HAVE BEEN ABLE TO COME TOGETHER BECAUSE IT'S TOO IMPORTANT OF A PROJECT AND WE NEED TO MAKE SURE IT SUCCEEDS.
>> I CONCUR. I DRIVE BY THERE MULTIPLE TIMES A DAY AND IT ALWAYS, WHEN SUBCULTURE OPENED IN THAT SPOT, IT REALLY OPENED YOUR EYES.
AND I ALWAYS THINK, IT'S SUCH A SHAME THAT NEVER IT GOT RENTED.
I'M GLAD THAT YOU GUYS ARE DOING SOMETHING WITH THAT BECAUSE I DO THINK IT WILL HELP PULL PEOPLE IN THERE AND MAKES IT LOOK MORE ALIVE.
I AM HAPPY THAT THE TOWN AND HARBOURSIDE COULD COME TOGETHER AND MAKE A DEAL AND GET ON WITH LIFE AND LIVE HAPPY.
>> I PUT FORWARD A MOTION TO ACCEPT IT AS IS WITH THE CAVEATS THAT WE SPECIFICALLY NOTE, THE SLIPS WILL NOT BE INCREASED FROM 22.
>> AYE. MOTION PASSES. CONGRATULATIONS.
>> MR. [INAUDIBLE] , DO YOU HAVE ANYTHING FOR US BEFORE WE ADJOURN?
>> ANYBODY ELSE HAVE ANYTHING? I'D LIKE TO THANK ANKUR FOR HIS SERVICE AND IT WAS A PLEASURE DOING BUSINESS WITH YOU. OUR TIME TOGETHER WAS SO SHORT.
>> THE TOWN APPRECIATE YOUR EFFORT.
>> ALL RIGHT. IT IS 7:37, MEETING ADJOURNED.
* This transcript was compiled from uncorrected Closed Captioning.