[00:00:02]
I THINK WE'LL GO AHEAD AND GET STARTED.[1. CALL TO ORDER]
CALLED THE MEETING TO ORDER AND BERNICE, WOULD YOU LIKE TO DO THE ROLL CALL, PLEASE?[3. MINUTES]
ANY CHANGES TO THE OCTOBER MINUTES?>> I'D LIKE TO MAKE ONE CHANGE, UNDER NEW BUSINESS FOR K2 MOTORSPORTS.
I BELIEVE THE DISCLOSURE THERE, CHAIRMAN KIM DISCLOSE, HE SPOKE WITH THE STAFF AND DROVE BY THE SITE WHERE AS VICE CHAIR MISSTATED.
I BELIEVE HEY, HE JUST HAD THE ALMOST PLACED IN HERE.
I THINK THAT'S JUST WHERE YOU REVIEWED WITH ALL OPERATIONS MANAGER ONLY PAID K2 MOTORS. IS THAT CORRECT?
>> I DID AT THAT BY STRIKING OUT THE NEIGHBORS AT ALL MISPLACED AND.
>> MY EDIT WOULD BE ON THAT PARAGRAPH.
DISCLOSURES WOULD BE STRIKEOUT NEIGHBORS AT ALL MUST PLACE, AND JUST STAY THAT VICE CHAIRMAN DUNNING SAY THAT HE MET WITH THE OPERATIONS MANAGER AT K2 MOTORS.
MOTION TO APPROVE SUBJECT TO THAT AMENDMENT?
>> I'LL MAKE A MOTION TO APPROVE.
>> THANK YOU. YOU ARE APPROVED WITH THAT AMENDMENT.
CITIZEN COMMENTS VERNISA, CITIZEN COMMENTS?
[4. CITIZEN COMMENT]
>> WE DO NOT HAVE REGULAR CITIZEN COMMENTS.
HOWEVER, WE DO HAVE COMMENT CARDS ON THE FLAGLER APPLICATION.
>> THANK YOU. MR. BAIRD, WOULD YOU LIKE TO SPEAK TO THE ORDER OF PROCEEDINGS THAT YOU'VE DISTRIBUTED TO THE PLANNING AND ZONING COMMISSIONERS?
>> THANK YOU, MR. CHAIRMAN, I DID DISTRIBUTED THE ORDER OF QUASI-JUDICIAL PROCEEDINGS AND NOW THERE ARE SOME NEW FOLKS HERE, AND I THINK IT'S ALSO IMPORTANT TO REVIEW SINCE ITS A NEW COMMISSION THAT'S BEEN SEEDED TO GO THROUGH THE PROCEEDINGS.
THIS IS REPAIRED FOR THE COUNCIL, WHICH IS WHY IT SAYS THE MAYOR.
BUT YOU CAN SUBSTITUTE THE CHAIRMAN.
THIS IS THE PROCEDURE THAT'S ESTABLISHED IN THE TOWN CODE FOR COUNSEL MEETINGS AND ANY OTHER BOARD, WHICH WOULD INCLUDE PLANNING AND ZONING AND HISTORIC PRESERVATION THAT HAS QUASI-JUDICIAL PROCEEDINGS.
JUST TO RUN YOU THROUGH IT REAL QUICKLY AND KEEP IN MIND, UNLIKE THOSE OTHER BOARDS THAT ARE EIGHT MEMBERS, BECAUSE OF THE ALTERNATE THAT HAVE THE OPPORTUNITY TO PARTICIPATE.
IN ORDER TO EFFICIENTLY RUN THROUGH THE MEETING, THE AGENDA ITEMS, IT'S IMPORTANT TO FOLLOW THE PROCEDURES SO THAT WE DON'T HAVE CIRCLES IN TERMS OF COMMENTS, QUESTIONS.
IT STARTS WITH THE THE CHAIRMAN ASKING ME TO DECLARE ANY EX PARTE COMMUNICATIONS THAT YOU HAVE.
EX PARTE COMMUNICATIONS ARE COMMUNICATED THAT YOU MAY HAVE WITH THE STAFF WHERE THE APPLICANT'S REPRESENTATIVES OUTSIDE OF THESE CHAMBERS.
THE NEXT ORDER IS THAT THE TOWN CLERK WILL SWEAR THE WITNESSES.
WITNESSES TESTIFY IN QUASI-JUDICIAL PROCEEDINGS UNDER OATH, AND THEN THE ORDER OF BUSINESSES FOR THE APPLICANT WHO IS THE PETITIONER IN THESE CASES TO MAKE THEIR PRESENTATION, AND I BELIEVE THAT COURT GIVES THEM 15 MINUTES, BUT IT'S ALWAYS APPRECIATED IF SOMEONE DOES NOT TAKE THEIR FULL 15 MINUTES TO EXPLAIN.
LET'S SAY PLAN THAT MAY OR MAY NOT BE VERY COMPLICATED.
DEPARTMENT STAFF WILL PRESENT ITS STAFF REPORT.
ESSENTIALLY, IF THERE ISN'T INTERVENERS, THERE'S USUALLY AN INTERVENER THAT THEY WOULD ALSO HAVE THE OPPORTUNITY AS A PARTY PARTICIPANT TO MAKE A PRESENTATION.
AFTER THE PARTIES MAKE THEIR PRESENTATIONS, THEN THE COMMISSION NEEDS TO ASK QUESTIONS OF EITHER PARTY.
YOU CAN ASK THE APPLICANT ALL OF THE QUESTIONS YOU MIGHT HAVE OF THEM, AND YOU CAN ASK THE STAFF ALL OF THE QUESTIONS YOU MIGHT HAVE OF THEM.
BUT IN THAT RESPECT, IT'S A FREE-FOR-ALL.
THE REASON THAT YOU'RE ASKING QUESTIONS IS TO FILL IN ANY GAPS THAT YOU MAY HAVE IN TERMS OF
[00:05:01]
THE FACTS THAT ARE BEING PRESENTED BY THE PETITIONER OR APPLICANT AND THE STAFF.IF SOMETHING WASN'T CLEAR, IF YOU FEEL YOU NEED SOME ADDITIONAL INFORMATION BASED ON WHAT YOU HEARD, YOU CAN ASK THE PROFESSIONALS THERE QUESTIONS OF THEM.
ONCE, SIX IS CROSS-EXAMINATION, BUT IT'S RARE THAT WE EVER WHO HAVE QUASI-JUDICIAL PROCEEDINGS WITH CROSS-EXAMINATION.
THAT IS A LITTLE BIT CUMBERSOME BECAUSE YOU HAVE EIGHT JUDGES AND YOU HAVE PEOPLE CROSS-EXAMINING WITNESSES.
ONCE YOU'VE ASKED ALL YOUR QUESTIONS, THEN FLOOR IS OPEN FOR THE PUBLIC, PUBLIC COMMUNIST, HAVE UP TO THREE MINUTES.
THE PURPOSE OF DOING THAT IS TO GET ADDITIONAL FACTS BEFORE YOU THAT THE PUBLIC MAY HAVE TO OFFER ABOUT A PARTICULAR APPLICATION.
OFTENTIMES, NEIGHBORING PROPERTY OWNERS ARE ASSOCIATED WITH CONDOMINIUM ASSOCIATIONS.
NICE TO HAVE SOME PARTICULAR FACTS ABOUT THE AREA WHERE AN APPLICATION IS SITUATED AND THEY MAY WANT TO OFFER THAT.
IF EITHER THE PARTIES IS RESERVED ANYTIME FROM YOUR BETTER BUT THAT COMES AFTER THE PUBLIC COMMENT.
NEXT UP IS DELIBERATION, AND THIS IS THE TIME THAT YOU GO BACK AND ASK ADDITIONAL QUESTIONS.
THIS IS THE TIME WHERE PRESUMABLY YOU'VE GOTTEN ALL THE INFORMATION THAT YOU FEEL IS NECESSARY FOR YOU TO MAKE A DECISION ON THE APPLICATION AND WE DISCUSS IT WITH ONE ANOTHER.
THE CHAIRMAN WILL SEQUENTIALLY SOLICIT YOUR COMMENTS AND YOUR APPLICATION SO THAT THERE'S SOME ORDERLY PROCEDURE.
SOMETIMES IT'S NECESSARY FOR SOMEONE TO GO BACK AND MAKE SOME ADDITIONAL COMMENTS, BUT IT'S AT THE DISCRETION OF THE CHAIR, AND FOLLOWING THAT DELIBERATION, IT'S EXPECTED THAT SOMEONE WILL MAKE A MOTION.
THAT MOTION NEEDS TO BE SECONDED, AND THEN IT IS VOTED UPON.
I'M HAPPY TONIGHT THAT AT ANY TIME OUTSIDE OF TONIGHT TO DISCUSS THE PROCEDURE, IF YOU HAVE ANY FURTHER QUESTIONS, YOU CAN ALWAYS CONTACT ME.
>> THANK YOU. ANY QUESTIONS COUNCIL?
>> WE WILL MOVE ON TO THE REGULAR AGENDA, STARTING WITH THE DECLARATION OF EX PARTE COMMUNICATIONS.
DO WE DO THAT FOR EACH ITEM OR DO WE DO ALL THAT UPFRONT FOR EVERYTHING?
>> WE DO THAT BY ITEM BECAUSE EACH ITEM IS A DIFFERENT HEARING.
>> [NOISE] THEN WE START ON K2 MOTORSPORTS FOR THE OLD BUSINESS, RIGHT?
[5.A.1. K2 Motorsports]
>> WE'LL START WITH THE EX PARTE COMMUNICATIONS ON THAT.
COMMISSIONER BLUM WE'LL START WITH YOU. ANYTHING ON K2?
>> ADULT LIMIT AS LAST WEEK I TALKED WITH GENERAL MANAGER LAST WEEK. [INAUDIBLE]
>> I HAVE NOTHING TO DISCLOSE.
SAME AS MY LAST WITH ONE ADDITIONAL ONE.
I DID DRIVE BY THE SITE SEVERAL TIMES AND I DO HAVE A COMPANY NAMED K2, BUT IT'S NOT IN ANY WAY AFFILIATED WITH K2 MOTOR CARS.
>> THANK YOU. SWEARING IN THE WITNESSES.
>> I'M SPEAKING ON THE STANDARD.
PLEASE STAND AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR THE TESTIMONY ABOUT TO GIVE IS THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH? JUST A NOTE ON SWEARING INS I CAN DO THAT BECAUSE I'M A NOTARY.
I WOULD APPRECIATE IT IF THE STAFF WOULD GET A NOTARY SO THAT I DON'T HAVE TO DO THAT.
>> GOOD. APPLICANT PRESENTATION.
>> GOOD EVENING FOR THE RECORD, JOSH NICHOLS WAS SCHMIDT NICHOLS REPRESENTING K2 MOTOR CARS.
YOU MAY REMEMBER THE PROJECT FOR A BRIEF STINT AT LAST MONTH'S HEARING.
I'M PLEASED TO SAY THAT THE SIGNS HAVE MADE IT THROUGH THE WIND STORMS THAT WE'VE HAD.
WE'VE CHECKED EVERY DAY TO MAKE SURE THAT THEY'RE UP AND DOCUMENTED THAT SO THEY DID MAKE IT THROUGH.
WITH THAT, I'LL GO FORWARD THROUGH THE PRESENTATION.
AGAIN, K2 MOTORSPORT OR K2 MOTORS CARS, WE HAVE TWO REQUESTS AND WE'LL GO THROUGH THOSE FORMAL REQUESTS THIS EVENING.
[00:10:03]
AS YOU CAN SEE FROM THE SITE ARIEL, I THINK EVERYONE KNOWS, FEW FOLKS HAD GONE BY THE SITE IN THE JUPITER PARKER COMMERCE, THE FIRST MAJOR BUILDING THERE AS YOU COME IN.WE'RE LOOKING TO DO A CONVERSION OF A PORTION OF THE BUILDING.
THIS IS JUST A LITTLE BIT ABOUT WHAT K2 MOTOR CARS IS AND MAYBE SOME OF YOU HAVE BEEN TO THE FACILITY, MAYBE SOME HAVEN'T SO I JUST WANTED TO GO THROUGH THAT BUT THEIR MISSION STATEMENT IS BASICALLY THAT BE SOUTH FLORIDA PREMIERE FULL-SERVICE AUTOMOTIVE CONCIERGE FACILITY.
WHAT THAT MEANS AND WHY I WANTED TO STATE THAT IS THEY DON'T DO ANY REPAIR MAINTENANCE, BUT THEY DO COORDINATE THAT.
THEY WORK WITH OTHER DEALERSHIPS TO MAKE SURE THAT SOMEONE WHO'S STORING THEIR CAR THERE CAN BE ABLE TO SEND IT OUT TO GO GET SOME DETAILING.
CAN GO DO AUTO BODY WHERE CAN DO ALL THE THINGS THAT ARE NECESSARY FOR THESE HIGH-END VEHICLES.
AGAIN, THEY WORK WITH DEALERSHIPS AND SCHEDULE SERVICE.
NO MAINTENANCE IS CONDUCTED ONSITE.
SO I KNOW THAT WAS IMPORTANT WHEN WE CAME THROUGH LAST TIME FOR OUR AMENDMENT.
THEN ONE THING THAT WAS ADDED AND I KNOW STAFF WILL PROBABLY MENTION THIS AS WELL, IS IN 2020, JUST AFTER THE PANDEMIC, WE CAME IN TO DO THE CONVERSION OF THE SOUTH PORTION OF THE BUILDING AND WE WERE GIVEN A LETTER FOR INTERNET SALES, SO WE COULD JUST DO INTERNET SALES OF UP TO TEN VEHICLES WITHIN THE BUILDING.
WHEN WE MOVE FORWARD WITH THIS ADDITION, OR I SHOULD SAY, EXPANSION INTO THE EXISTING SPACE, WE'RE NOT ASKING FOR ANY INCREASE IN THOSE CARS SO 10 CARS, THAT'S OUR LIMIT.
IT'S A SECONDARY MARKET, JUST IS NOT THEIR BREAD AND BUTTER, SO THEY JUST HAVE IT AS A SECONDARY ITEM.
IF SOMEONE DOES HAPPEN TO WANT TO SELL THE VEHICLE, THEY HAVE THAT OPPORTUNITY TO DO SO IN-HOUSE.
THAT'S WHAT THAT IS FOR, BUT WE'RE NOT ASKING TO INCREASE THAT.
THIS IS THE NORTH END OF THE BUILDING.
THIS IS WHERE FLORIDA PNEUMATIC WAS ORIGINALLY IN THERE.
LIKE I SAID, K2 OWNS THE ENTIRE BUILDING.
KATE, SORRY, PNEUMATIC WAS A TENANT THAT HAS LEFT RECENTLY, AND SO THEREFORE OPENS UP THE BALANCE OF THE BUILDING.
LET'S JUST QUICKLY TALK ABOUT THE SITE PLAN.
AGAIN, WE'RE NOT PROPOSING TO CHANGE ANYTHING THAT ISN'T REQUIRED BY ADA REQUIREMENTS, WE'RE JUST AGAIN, EXPANDING INTERNALLY.
THERE'S ABOUT 40,000 SQUARE FEET THAT WAS RECENTLY VACATED AND WE'RE PROPOSING TO EXPAND THE VEHICLES STORAGE IN THERE, AS WELL AS SOME ACCESSORY OFFICE.
THE BALANCE OF THE BUILDING IS CURRENTLY SUPPORTING K2S OPERATIONS IN THERE AS MANY OF YOU MAY HAVE VISITED THE SITE.
WE CONDUCTED THE GENERAL INDUSTRIAL USE ANALYSIS.
WE WENT THROUGH THAT, WE'LL TALK ABOUT THAT IN A MINUTE.
THEN AGAIN, THE INTERNET CAR SALES WAS PART OF A ZONING DETERMINATION LETTER IN 2020.
AGAIN, THE BREAKDOWN OF THAT SPACE IS THERE WAS 8,693 SQUARE FEET OF WAREHOUSE.
WE HAD 11,000 SQUARE FEET OF OFFICE AND MANUFACTURING TOOK ABOUT 20,500.
REALLY OF THAT 40,000 SQUARE FOOT SPACE, ONLY 20,000 WAS TRULY INDUSTRIAL.
THE BALANCE OF THAT WAS NON-PRIMARY COMMERCIAL.
I'LL SHOW YOU WHERE THAT MAKES A DIFFERENCE.
LOOKING AT THIS CHART, I KNOW THERE'S A LOT OF NUMBERS, SO THAT'S WHY I'VE JUST HIGHLIGHTED SOME OF THE SPECIFIC ITEMS. ONE OF THE GENERAL INDUSTRIAL ANALYSIS THAT WE HAVE TO PUT TOGETHER AND IT'S BASED ON TOWN-WIDE.
IS THAT WE HAVE TO LOOK AT AN INCREASE OR DECREASE IN THE AMOUNT OF PRIMARY AND NON-PRIMARY INDUSTRIAL SPACE.
THE ENTIRE 40,000 WAS CONSIDERED AS NON-PRIMARY.
HOWEVER, I SHOULD SAY, AND THAT REPRESENTS ABOUT A 1.3% INCREASE.
OVER THE ENTIRE TOWN IT WAS A 1% INCREASE.
BUT YOU GOT TO LOOK FURTHER INTO THIS.
AS I WAS SAYING, ONLY 20,000, ABOUT HALF OF THIS EXISTING SPACE IS MANUFACTURING AND PROCESSING.
WHEN YOU BREAK THAT DOWN, WE'RE ABOUT A 0.7% SO LESS THAN 1% INCREASE IN THE ENTIRE TOWN OF INDUSTRIAL SPACE.
AGAIN, THEY ALREADY OWN THE SPACE.
THEY'RE LOOKING TO EXPAND THEIR EXISTING BUSINESS.
THEY HAD ATTENDANT MOVE OUT SO AGAIN, A 0.7% INCREASE TOWN-WIDE.
AS PART OF THIS PROCESS, WHAT WE'RE ABLE TO GIVE BACK TO THE TOWN TO BE ABLE TO SEE YOUR VISION AND MOVE FORWARD WITH YOUR DEVELOPMENT PROJECTS IS SOMETHING THAT STAFF ASKED US TO LOOK AT.
WE'RE HAPPY TO MAKE THIS HAPPEN IS RIGHT AWAY DEDICATION AND EASEMENT.
THERE'S SEVERAL CONDITIONS OF APPROVAL THAT WE'VE WORKED WITH STAFF ON AND WE'RE WILLING TO WORK WITH THEM AND THE TOWN IN ORDER TO PROVIDE FOR THIS ROUNDABOUT.
WE DON'T KNOW THE EXACT LOCATION THERE.
I'D SAY THERE MAY BE 50% PLANS DONE, MAYBE A LITTLE BIT MORE BUT AS PLANTS DO EVOLVE, THAT EASEMENT IN THAT RIGHT-OF-WAY DEDICATION MAY SHIFT A LITTLE BIT.
WE'RE HAPPY TO KEEP WORKING WITH STAFF AND MAKE SURE THAT THIS CAN HAPPEN.
BUT FULLY AWARE THAT I THINK IT WILL BRING UP THE AREA WORKS FOR TRAFFIC SITUATION.
I SHOULD ALSO MENTION IT FROM A TRAFFIC PERSPECTIVE THERE'S ACTUALLY THIS EXPANSION INTO THE OTHER HALF OF THE BUILDING IS AT 10 CARS PER DAY REDUCTION IN TRAFFIC SO IT'S LESS INTENSE TRAFFIC GENERATOR.
[00:15:08]
AGAIN, THIS IS JUST A CLOSE-UP VIEW.IT DOES IMPACT THE PARCEL A LITTLE BIT ON THE ACCESS POINT, AS WELL AS EXISTING DETENTION SO THAT WOULD BE REWORKED AS NECESSARY TO ACCOMMODATE THE ROUNDABOUT.
WE DO HAVE ONE CONDITION THAT WE WANTED TO BRING UP TO THE BOARD'S ATTENTION.
I WON'T GO THROUGH ALL THE DETAILS OF THE CALCULATION.
BUT WE'RE ASKING FOR ABOUT A QUARTER OF WHAT THE CODE ALLOWS FOR THE LONG PORT, THE WESTERN FACADE OF THE BUILDING, WHICH IS ABOUT 300 SQUARE FEET, AND THE SECONDARY FRONTAGE, WHICH IS THE NORTH SIDE OF THE BUILDING, WE'RE ASKING FOR WHAT CODE WOULD ALLOW 150 SQUARE FOOT SIGN.
AGAIN, LARGE BUILDING, ONE TO HAVE THE SIGNAGE WANT TO BE ABLE TO HAVE THE NAME OUT THERE TO BE PROMINENT IN THE PARK.
STAFF HAS A CURRENT LANGUAGE IN THEIR CONDITION OF 75 SQUARE FEET.
AGAIN, WE'RE HOPING TO BE ABLE TO INCREASE THAT.
AGAIN, THE SECONDARY FRONTAGE WOULD BE CODE AND THE PRIMARY FRONTAGE WOULD BE 25% OF WHAT CODE ALLOWS.
I'M NOT GOING TO GO THROUGH EACH ONE OF THESE BUT WE HAVE MET ALL OF THESE CRITERIA FOR THE SITE PLAN REVIEW.
AGAIN, WE REALLY DIDN'T CHANGE MUCH ON THE SITE PLAN OTHER THAN WHAT'S REQUIRED FOR ADA.
ALSO, TREES MISSING AND DEAD PLANT MATERIAL.
WE HAD TO REPLACE THAT SO WE SHOWED THAT ON THE LANDSCAPE PLAN AND WORK CLOSELY WITH STAFF ON THOSE ITEMS. THAT'S ONE THROUGH 12 IS THE CRITERIA FOR THE SITE PLAN.
WE'VE ACCOUNTED FOR ALL THOSE ITEMS. AGAIN, THE OTHER PIECE OF THIS IS ANYTHING OVER 10,000 SQUARE FEET FOR THE WAREHOUSE REQUIRES A SPECIAL EXCEPTION.
WE'VE ADDRESSED THE SPECIAL EXCEPTION STANDARDS WITHIN OUR APPLICATION.
ALL OF THOSE, AND THAT'S THE AMOUNT OF TRAFFIC TO BE GENERATED, BUILDING LOCATION MASK.
A LOT OF THESE THINGS ARE THINGS FOR A BRAND NEW DEVELOPMENT WHICH WERE ITS EXISTING BUILDING.
AGAIN, JUST TO DOCUMENT SOME OF THE PUBLIC NOTICE SIGNS.
WE DID MAKE SURE TO TAKE PICTURES EACH DATA TO DOCUMENT THAT.
WITH THAT BE HAPPY TO ANSWER ANY QUESTIONS YOU MAY HAVE. APPRECIATE THE TIME.
>> SO WE DO THE TOWN PRESENTATION NOW.
I HAVE BEEN SWORN IN PLANNING AND ZONING.
THIS IS A NEW SPECIAL EXCEPTION FOR WAREHOUSE OVER 10,000 SQUARE FEET.
AS APPLICANT HAS BRIEFED US ON THE HISTORY, THIS WAS A SITE PLAN THAT WAS AND THIS WILL BE A SITE PLAN AMENDMENT, BUT THIS ISN'T ORIGINAL SITE PLAN FROM 2000 THAT APPROVED LITTLE OVER 70,000 SQUARE FEET OF WAREHOUSE MANUFACTURING AND STORAGE.
THIS IS WHAT THE US WAS CALLED BACK THEN IN 2011, STORAGE WAS ELIMINATED IN OUR CODE NOW HAS WHAT'S CALLED WAREHOUSE, WHICH IS NOW A SPECIAL EXCEPTION OVER 10,000 SQUARE FEET.
THE REASON WHY IN 2020, WE HAD AN ADMINISTRATIVE SITE PLAN AMENDMENT AND A ZONING DETERMINATION LETTER TO ALLOW THE USE THAT IS CURRENTLY ON THE SOUTHERN 30,000 SQUARE FEET OF THE BUILDING TO OCCUPY AS A WAREHOUSE WITHOUT THE SPECIAL EXCEPTION.
THERE ARE A FEW POLICY DECISIONS THAT I WANT TO DESCRIBE TO YOU.
ONE OF THEM IS REGARDING FUTURE LAND USE ELEMENT POLICY 1.3.13.
IT STATES THAT ADDITIONAL COMPATIBLE USES, INCLUDING OFFICE AND WAREHOUSE, MAY BE PERMITTED IN THE LAND DEVELOPMENT REGULATIONS PROVIDED THAT A PREDOMINANCE OF THE PRIMARY INDUSTRIAL USES ARE MAINTAINED ON THE SITE.
BUT PRIMARY USES INCLUDE THINGS SUCH AS RESEARCH AND DEVELOPMENT, MEDICAL LABORATORIES, WHOLESALE REPAIR, BUILDING CONSTRUCTION, SERVICES, AND THAT TYPE OF USE.
WAREHOUSING IS CONSIDERED COMPATIBLE, BUT NOT A PRIMARY INDUSTRIAL USE.
SO THIS APPLICATION IS PROPOSING THE SOLE USE TO BE WAREHOUSE, WITH SOME ANCILLARY OFFICE, BUT IT'S GOING TO BE 100% A NON-PRIMARY USE.
THEREFORE, THE APPLICATION DOESN'T MEET THE INTENT OF THE FUTURE LAND USE ELEMENT POLICY BASED ON JUST LOOKING AT THE SUBJECT PROPERTY.
AND THIS IS USING SOME PRECEDENT ON OTHER APPLICATIONS THAT HAVE GONE BEFORE TOWN COUNCIL.
[00:20:01]
THE APPLICANT IS SEEKING AN INTERPRETATION OF THE FUTURE LAND USE ELEMENT POLICY TO CONSIDER OTHER PROPERTIES IN THE AREA, THE ENTIRETY OF THE JUPITER PARKER COMMERCE, AND EVEN THE TOWN WIDE, AND TO DETERMINE WHETHER THEY MEET THE REQUIREMENTS OR PREDOMINANCE.AND AS THE APPLICANT SHOWN, WHEN WE DO THE ANALYSIS, IT DOES MEET A THRESHOLD UNDER 50%.
THEREFORE, IN THE JUPITER PARKER COMMERCE, IT WOULD REFLECT THAT 27.6% OF THE USERS WOULD BE NON-PRIMARY, MEANING THAT THERE IS A PREDOMINANCE OF PRIMARY USES AND THEN TOWN WIDE EVEN AFTER THIS CHANGE WOULD BE 47.9.
THE APPLICANT MENTIONED IN HIS PRESENTATION THAT THERE ARE OTHER USES THAT WE'RE NOT MANUFACTURING IN FLORIDA PNEUMATIC.
THOSE WERE THOUGH ANCILLARY USES TO FLORIDA NOMADIC, WHICH IS A PREDOMINANT USE.
WE CAN CENTER THE ENTIRE BIT OF FLORIDA PNEUMATIC AS A PRIMARY USE, WHETHER IT HAD OFFICES FOR THAT PRIMARILY USE, INDUSTRIAL USE OR NOT.
WE WOULD LIKE TO CONTINUE TO USE THESE STATS IN DETERMINATION OF WHETHER THEY DO MEET PREDOMINANCE.
AS I MENTIONED BEFORE, THERE IS SOME PRECEDENT STAFF NOTES THAT TOWN COUNCIL HAS CONSIDERED SIMILAR DENSIFICATION AND EVEN WITH AUTO STORAGE, FOR INSTANCE, IN THE ALGEBRA PARK COMMERCE.
EXAMPLE OF THAT IS GRAY MOTOR SPORTS, WHICH WAS BACK IN 2022, AND A SPECIAL EXCEPTION WAS TO ALLOW 10,000 SQUARE FEET OF WAREHOUSE FOR THE PURPOSE OF AUTOMOBILE STORAGE.
IN THIS SPECIAL EXCEPTION, STAFF ANALYZE, LIKE WE HAVE HERE, THE RATIO OF PRIMARY AND NON-PRIMARY USES WITHIN THE PARK OF COMMERCE, AND THEN ALSO TOWN WIDE, TO DETERMINE IF THE SUBJECT PROPERTY MEETS THE INTENT OF THE POLICY.
IT SHOULD BE NOTED, HOWEVER, THAT SOME THINGS HAVE CHANGED SINCE 2022 EVEN.
THE FLORIDA STATE LEGISLATURE ADOPTED THE LIVE LOCAL ACTIN 2023 AT SENATE BILL 102, WHICH MAY BE USED TO ALLOW RESIDENTIAL USES ON INDUSTRIAL PROPERTIES THROUGH ADMINISTRATIVE SITE APPLICATIONS, AND THAT IS WITHOUT REQUIRING A FUTURE LAND USE CHANGE, AND IF INDUSTRIAL PROPERTY IS DEVELOPED, THIS WILL DIMINISH OR IT MAY DEPLETE THE EXISTING FUTURE LAND USE, INDUSTRIAL USES WITHIN THE TOWN OF JUPITER.
IT'S JUST A POINT OF NOTE THAT EVEN THOUGH THIS WAS AS EARLY AS 2022, THERE HAS BEEN SOME CHANGES IN THIS REGARD THAT MAY MAKE INDUSTRIAL USES REAL.
THE SECOND POLICY ISSUE, IT REGARDS THE PERMITTED USES.
THE ZONING CODE DOES NOT EXPLICITLY PERMIT AUTO SALES IN INDUSTRIAL ZONING DISTRICTS.
HOWEVER, STAFF FORMALIZED IN ADMINISTRATIVE POLICY IN 2005, WHICH WAS AMENDED IN 2017 AND 2020.
THAT ALLOWED WHOLESALE MOTOR VEHICLE DEALERS WITH LIMITED ACCESSORY RETAIL SALES, LIMIT TO CAR SALES AT ANY GIVEN TIME.
IN 2020, STAFF APPROVED SITE PLAN AMENDMENT, AND THE ZONING DETERMINATION LETTER, APPROVING THE USE OF CARS STORAGE FACILITY, WHICH IS A WAREHOUSE, ALONG WITH ACCESSORY, WHOLESALE, MOTOR VEHICLE DEALER, WITH THAT LIMITED ONLINE AUTO SALES UP TO 10.
THE REASON WHY WE THAT IS THAT THIS WAS QUITE A VERY MUCH LARGER BUILDING THAN WHAT THE ORIGINAL POLICY WAS MADE FOR.
THE TYPICAL RANGE OF ONLINE SALES CENTERS AT THE FORMATION OF THE POLICY WAS ANYWHERE BETWEEN 400 SQUARE FEET AND 2,600 SQUARE FEET, USUALLY WITHIN THE BAYS, AND THIS WAS 30,000 SQUARE FEET OF BUILDING WHICH COULD HOLD UP TO 100 CARS.
WE TOOK A 10% OF THAT 100 AND KEPT IT AT THE 10 OF SALES AS AN ACCESSORY, AND THAT'S WHERE WE CAME UP WITH THAT NUMBER.
ACCORDING TO THE APPLICANTS 2020 STATEMENT OF USE, THE FACILITY THERE AT 08:51 JUPITER PARKLAND IS A PRIVATE CAR STORAGE FOR BUSINESS PARTNERS AND CLIENTS.
WHAT WE WANT TO MENTION THOUGH, IS THAT STAFF DID DOCUMENT MULTIPLE VIOLATIONS OF THE RESTRICTIONS OF ONLINE SALES SINCE THE BUSINESS WAS APPROVED AT THE LOCATION BETWEEN 2020,
[00:25:05]
AND AT THE TIME OF THIS REPORT, THERE WERE 20 SUCH INSTANCES THAT WERE DOCUMENTED WHERE K-2 DISPLAYED OVER TEN VEHICLES FOR SALE ON THEIR WEBSITE.THE VIOLATIONS HAVE SOMETIMES OCCASIONALLY DOUBLED THE MAXIMUM.
FOR INSTANCE, ON NOVEMBER 30TH, 2020, 22 VEHICLES WERE LISTED FOR SALE.
I WOULD MENTION THAT I HAVE A TABLE THERE THAT SHOWS WHERE DOCUMENTED VIOLATIONS OCCURRED.
THEY MOSTLY DID OCCUR IN 2020 AND 2021.
THERE WERE FEWER AND FEWER INSTANCES IN 2022 AND CURRENTLY WE'VE SEEN THAT THEY'VE NOT DONE THIS RECENTLY.
STAFF IS SEEKING THOUGH, TOWN COUNCIL DIRECTION ON THE ADMINISTRATIVE POLICY THAT IS RELATED TO ACCESSORY AUTO SALES, AND WE'VE GIVEN A TOWN COUNCIL TWO DIFFERENT OPTIONS TO CONSIDER, WHETHER THEY WOULD LIKE TO MAINTAIN THE EXISTING ADMINISTRATIVE POLICY WHICH ALLOW THIS TO OCCUR AT 10 AUTO SALES AT ANY GIVEN TIME, AND ALSO ALLOW IT IN THE INDUSTRIAL ZONING DISTRICT AS IS OR TO REDUCE OR NOT ALLOW THE ONLINE RETAIL SALES.
THAT WOULD BE OPTION NUMBER 2.
IF THAT WAS THE OPTION, THEN I WOULD NOT BE ABLE TO EXPAND ANY FURTHER THAN IT WAS ALREADY APPROVED.
FINALLY, THERE ARE SOME CONDITIONS AND I'LL GET TO SIGNAGE IN JUST A SECOND BECAUSE ONE CONDITION OF APPROVAL IS THE RIGHT-OF-WAY EASEMENT REQUIREMENTS, WHICH I JUST WANT TO NOTE, STAFF OR PRIVATE PROVIDED THE APPLICANT WITH THE 60% CONSTRUCTION PLANS FOR THE CIRCLE FOR ISLAND WAY.
THAT IS WHAT THE MOST UP-TO-DATE THAT WE HAVE AT THIS TIME, THE APPLICANT WOULD PROVIDE A DEDICATION BASED ON THAT 60% AND WOULD HAVE TO AMEND IF NEEDED ONCE IT GETS TOWARDS 90%.
WHEN WE GET TO 90%, WE WOULD GIVE THE APPLICANT THAT CONSTRUCTION PLAN, AND THEY WOULD BE ABLE TO AMEND THE SITE PLAN ADMINISTRATIVELY TO ALLOW THAT TO OCCUR, AND THAT'S ONLY IF THERE IS NECESSARY CHANGES BETWEEN THE 60% AND 90% PLANT.
NOW, IN TERMS OF SIGNAGE AND I HAVE ONE OF THE THINGS IS THAT THE APPLICANT DID NOT INCLUDE A SIGNAGE PLAN WITH THE APPLICATION AND THEY DID NOT INCLUDE AN ELEVATION WITH ANY PROPOSED SIGNS.
IN LIGHT OF THAT, WE MADE A CONDITION TO ESSENTIALLY KEEP THE SIGNS AS IS.
THE SIGNS ARE CURRENTLY 75 SQUARE FEET, THERE'S TWO OF THEM, AND WE BELIEVE THAT BASED ON THE TYPICAL SIZE OF SIGNS INTO DUPER PARKER COMMERCE, WHICH NO MORE THAN 125 SQUARE FEET AS I'VE RESEARCHED, THAT THIS IS IN KEEPING WITH THE ARCHITECTURAL COMPATIBILITY OF THE EXISTING SIGNS IN THE PARK AND ON THE BUILDING, AND I CAN SHOW A PICTURE.
SOMETIMES PICTURES ARE WORTH 1,000 WORDS.
I JUST BELIEVE THAT WHEN YOU LOOK AT THE EXISTING SIGNAGE AND THE SIZE OF THAT, EVEN THOUGH THE SIZE OF THE BUILDING WOULD ALLOW FOR GREATER THAN THAT, IF THEY WERE TO POTENTIALLY RELOCATE THE SIGNS HERE ALONG THE FRONT SIZE, I BELIEVE THAT THIS SIDE IS SINE, WHICH STILL REALLY BE IN KEEPING WITH THE WITH THE ARCHITECTURAL FOR SIDE IF IT WAS LEFT AT 75 SQUARE FEET.
THAT CONCLUDES STAFF'S PRESENTATION. IF YOU HAVE ANY QUESTIONS?
>> THANK YOU, MR. MAYOR. COMMISSIONER KENAN, YOU WANT TO START WITH THE QUESTIONS?
>> JUST ONE QUICK QUESTION FOR MR. NICHOLS.
WITH RESPECT TO THESE INTERNET SALES, AS I UNDERSTAND IT, IS K2 A BROKER ON THE SALES OR COULD YOU EXPLAIN TO ME HOW THOSE SALES WORK? WOULD YOU DO THE INTERNET SALES?
>> YES SO AND AGAIN, IT'S REALLY FOR SOMEONE WHO STORES THEIR VEHICLE, ANOTHER OWNER THAT COMES IN THERE MAY SAY, I'M REALLY INTERESTED IN THIS VEHICLE AND THEY MAY STRIKE A DEAL.
THEY WOULD ACT AS A BROKER IN THAT IN THAT RESPECT.
>> DO YOU HAVE AN EXPLANATION FOR WHY THE NUMBERS SWELLED THOSE YEARS?
>> I HAD THE CLIENT HERE TO SPEAK MORE TO THAT, BUT I BELIEVE IT WAS MORE FROM THE PANDEMIC REALLY.
AS WITH ALL COLLECTIONS OF THINGS WHEN PEOPLE WERE HOME,
[00:30:04]
THEY COLLECTED THINGS AND THAT WAS THE SAME WAY WITH CARS, WITH BOATS, WITH TRADING CARDS, ALL THESE THINGS.SO I THINK THAT'S WHY IT'S SWELLED AT THAT TIME, BUT HAS SINCE COME WAY DOWN AND VERY SMALL PIECE OF THE OPERATION AT THIS POINT.
BECAUSE I THINK HOW LONG HAVE YOU HAD JUST A COUPLE HANDFUL OF CARS ON THERE?
>> IS THERE ANY MAINTENANCE CONDUCTED ON THE FACILITY AT ALL?
>> I HAVE NO FURTHER QUESTIONS.
>> I HAVE NO QUESTIONS AT THIS TIME.
>> I HAVE ANOTHER QUESTION REGARDING THE ONLINE SALES AND PARTICULARLY THE VIOLATIONS.
HOW MANY CARS ARE CURRENTLY STORED ON SITE RIGHT NOW? AND WHAT IS IT PROJECTED TO BE IF AN EXCEPTION IS APPROVED?
>> SO IT'S ABOUT 120, 125 AND THEN IT WOULD BE ABLE TO BE DOUBLED APPROXIMATELY.
>> MY CONCERN WITH THE VIOLATIONS AND WHAT CONTROLS WILL THE APPLICANT PUT IN PLACE TO MAKE SURE WE DON'T EXCEED THAT TEN ONLINE SALES AND THEN YOU GIVE HIM ONE TIME.
>> WELL I THINK THE EASY THING IS THAT THEY ARE POSTED ONLINE, SO BUT OBVIOUSLY WE DON'T WANT TO HAVE STAFF SPEND THEIR TIME TO POLICE US.
WE CLEARLY KNOW THAT THAT'S AN ISSUE.
AND ONE OF THE OWNERS HAS BEEN REALLY GOOD ABOUT THAT WITHIN THE LAST YEAR, YEAR AND A HALF TO CONTROL THAT.
SO WE FULLY UNDERSTAND THE ISSUE AND WE'VE KEPT IT IN CHECK.
AND AGAIN, THAT'S SUCH AN ANCILLARY PIECE OF THE BUSINESS AND THEY DON'T PLAN ON RAMPING THAT UP ANYTIME IN THE NEAR FUTURE.
IF SO, THEY WOULD HAVE A DIFFERENT LOCATION AND DIFFERENT OFFICE TO BE ABLE TO DO THAT ACTIVITY.
>> I HAVE ONE QUESTION OF STAFF SIGNAGE.
ON THE 75 FOOT SQUARE FOOT SIGNAGE THAT YOU'RE PROPOSING, LEAVE IT AS IS.
WHAT'S CURRENTLY IN OTHER FACILITIES AROUND THE AREA.
ARE THEY KEEPING WITH THE 75 SQUARE FOOT?
>> YES, I HAVE OBSERVED THAT THEY'RE IN KEEPING WITH THE 75 UP TO 125 SQUARE FEET.
SOME OF THE INSTANCES WHERE THERE'S 125 SQUARE FEET THOUGH.
THAT IS A THAT IS ON A TOWER THAT'S FACING I95.
AND IT'S A TWO STORY TOWER ELEMENT THAT JUSTIFIES THAT SIZE.
BUT I HAVE NOT SEEN ANYTHING OVER THAT SQUARE FOOTAGE OF 125, MOST OF THEM BEING SMALLER.
>> THANK YOU. NO FURTHER QUESTIONS.
>> I HAVE A COUPLE OF QUESTIONS FOR THE APPLICANT.
WITH THE EXPANSION OF THE TERM, ANYTHING FOR CHARGING STATIONS BECAUSE I'M SURE YOU HAVE ELECTRIC VEHICLES AND STUFF FROM INCREASE IN THE CHARGING STATIONS AND STUFF.
>> I'M CHARGING STATIONS STAFF, NOT OTHER THAN TRIPLED.
WE DON'T HAVE ANY CHARGING STATIONS ON SITE.
WE DON'T ACTUALLY HAVE ANY ELECTRIC VEHICLES STORED IN OUR FACILITY AT THE MOMENT.
>> WELL, IF YOU DO GET SOME, WILL YOU BE PREPARED FOR IT?
>> GENERALLY, ANY VEHICLES WE HAVE HAD A TESLA STORE TO THIS BEFORE, BUT WE JUST USE THE WALL OUTLET CHARGER THAT IS SUPPLIED WITH THE CAR RATHER THAN AN ACTUAL POWER STATION THAT I GUESS IT GETS INSTALLED IN THE GROUND, AND WE DON'T STORE ANY CARS OUTSIDE.
>> I THINK WHY YOU'RE NOT SEEING ANY ELECTRIC VEHICLES IS MOST OF THOSE ARE BEING USED ON A DAY TO DAY BASIS.
THESE ARE IN SOME CASES MULTI-MILLION DOLLAR VINTAGE PIECES THAT ARE ART THAT NEVER TOUCHED THE ROAD REALLY.
SO THAT'S WHAT YOU'RE PROBABLY NOT SEEING CHARGING YET AT LEAST.
>> I'VE A QUESTION FOR STAFF ON THE SIGNAGE TO FOLLOW UP.
WITH THE IF THE EXPANSION IS 225 OR BIGGER.
MY QUESTION IS, WHAT'S YOUR CONCERN AS FAR AS HOW IT'S GOING TO IMPACT? I UNDERSTAND FROM A LOGISTICAL STANDPOINT, BUT ARE YOU CONCERNED FROM A SAFETY STANDPOINT THAT IT'S GOING TO AFFECT PEOPLE'S WHEN THEY SEE THE SIGNED OR WHAT'S YOUR CONCERN IF YOU RAISE THE SIGN LIMITS?
>> GENERALLY SPEAKING, THE ASSIGNED CODE IS INTENDED TO PROVIDE ADEQUATE SIGNAGE FOR BUSINESSES, BUT ALSO NOT TO CREATE WHAT'S CALLED SIGN POLLUTION OR EXCESSIVE SIGNAGE.
TYPICALLY, IF AN APPLICANT DOESN'T PROVIDE DETAILS OR THEY PROVIDED A DETAIL IN THEIR PLAN OF WHAT THEIR SIGNAGE IS.
[00:35:03]
THE EXPECTATION TYPICALLY OF THE COUNCIL ON BOARD MEMBERS IS THAT'S THE SIGNAGE THEY'RE GOING TO BE PUTTING ON THE BUILDING.SO ABSENT A PROPOSAL FROM THEM, WE WILL TYPICALLY CONDITION THEM UPON WHAT THEY'VE SHOWN OR WHAT EXISTS.
AND WE TRIED TO KEEP IT IN CHECK AND BALANCE AS MR. MAYOR, I HAD GONE OVER WITH WHAT'S EXISTING IN THE AREA.
>> I DON'T HAVE ANY FURTHER QUESTIONS AT THIS TIME.
>> THANK YOU. COMMISSIONER HEIL?
>> YES. THIS QUESTION IS FOR THE APPLICANT, WHAT WE'RE LOOKING AT AS LOSING THE DESIGNATION OF A 20,000 SQUARE FEET INDUSTRIAL SPACE.
WHEN I THINK OF INDUSTRIAL SPACE, I THINK OF JOBS, ECONOMICS, YOU KNOW, THE POWER OF THE COMMUNITY.
MY QUESTION IS, HOW MANY JOBS WOULD K2 EMPLOY?
>> ANOTHER 6-8 PEOPLE. HOW MANY DO YOU HAVE NOW?
>> DOUBLING OF THE [OVERLAPPING]
>> YEAH. I'M JUST LOOKING AT THE 20,000 SQUARE FEET AND I KNOW IT'S 0.7.
THE NEXT QUESTION I HAVE IS FOR STAFF, WE HAD SPOKEN ABOUT THE PRECEDENTS WITH CROSSFIT, GRAY MOTORSPORTS, ORIENT SYSTEMS, I BELIEVE.
IS THAT SIMILAR SQUARE FOOTAGE THAT WE'RE LOOKING AT? I KNOW WE'RE JUST TALKING ABOUT PRECEDENCE AND I WANTED TO KNOW IF WE'VE TALKING ABOUT APPLES TO APPLES, ORANGES.
>> YEAH, THIS IS A LARGER BUILDING AND THOSE OTHERS SO [OVERLAPPING]
>> THAT DATA WITH US M, BUT RYAN, I THINK IT WAS MAYBE 10,000 SQUARE FEET OR LESS AND CROSSFIT WAS PROBABLY SIMILAR TO THAT.
WITH JOHNNY GRAY'S PROPOSAL, THEY WERE ONLY A PORTION.
THEY WERE PROBABLY LIKE MAYBE 40% INDUSTRIAL BECAUSE THEY DID HAVE SOME INDUSTRIAL LINK REPAIR USES IN THEIR BUILDING.
THE MAGNITUDE OF HOW MUCH THEY WERE OFF WAS ALSO LESS.
>> ANOTHER QUESTION FOR STAFF IS, WE'RE TALKING ABOUT THE 10 CARS PER MONTH.
HOW IS THAT ENFORCED? HOW DO YOU ENFORCE THAT?
>> WE'VE LOOKED AT THEIR INTERNET SITE TO SEE WHERE THEIR APP USED TO MONITOR THAT AND TRY TO GET VOLUNTARY COMPLIANCE UP TO THIS POINT BUT IT IS DIFFICULT.
AND IF THERE'S CERTAINLY IF THERE'S COMPLAINTS OR THERE'S ACTIVITIES GOING ON, THEN PEOPLE START TO SEE THAT ARE CREATING MORE TRAFFIC THAN WAS ANTICIPATED OR SOMETHING LIKE THAT, WE WOULD LOOK INTO IT FURTHER.
THERE WERE NO REPORTS AS I'M AWARE OF OR COMPLAINTS, SPECIFICALLY CODE COMPLIANCE PRIMARILY IS COMPLAINT DRIVEN UNLESS IT'S A SAFETY ISSUE.
>> AGAIN, A QUESTION FOR STAFF WITH REGARDS TO THE VIOLATIONS.
YOU SAID THERE WERE 20 VIOLATIONS.
WHAT ARE THE CONSEQUENCES OF VIOLATIONS? THEY VIOLATED IT.
THEY DIDN'T DO WHAT THEY'RE SUPPOSED TO DO.
WHAT ARE THE CONSEQUENCES OF THAT?
>> YEAH, I THINK AS WE POINTED OUT IN THE REPORT, FORMERLY, WHEN WE HAVE BUSINESS TAX RECEIPTS, WE WOULD MAKE SURE WE GOT COMPLIANCE ANNUALLY WHEN THEY WENT THROUGH THE BUSINESS TAX RECEIPT PROCESS, BUT WE NO LONGER HAVE THAT PROCESS.
IT COULD BE REFERRED TO CODE COMPLIANCE, BUT WE HAVE NOT GONE TO THAT LEVEL WITH THOSE INSTANCES THAT WERE NOTED.
>> YOU'RE AWARE OF THIS OF COURSE, AND WHAT ACTION DO YOU PROPOSE TO TAKE SO THAT YOU'RE IN COMPLIANCE?
>> HOW YOU'RE GOING TO PROCEED IN THE FUTURE.
>> YEAH. I'M HAPPY TO WORK WITH YOU GUYS ON PROVIDING SOME SORT OF REPORT TO MAKE SURE THAT IT DOESN'T HAPPEN.
AS NOTED BEFORE, THE INCREASE WAS LARGELY DUE TO THE PANDEMIC AND THE WHOLE BRING A TRAILER.
IF YOU GUYS ARE FAMILIAR WITH THAT, IT'S JUST AN ONLINE AUCTION SITE.
WITH REGARDS TO THE CAR SALES, IT WAS SOMEBODY HAVING US TAKE SOME PHOTOS AND PUT IT ON A TRAILER SITE AND THEN US JUST REPORTING THAT THIS CAR IS BEING SOLD ON BRING A TRAILER AND OR A SUCCESSFUL SALE.
AS I COMMENT ON THAT, YES, WE APOLOGIZE THAT THAT DID HAPPEN AND AS YOU'LL NOTE, OVER THE LAST YEAR-AND-A-HALF, WE DON'T REALLY DO IT ANYMORE.
OUR BREAD AND BUTTER IS CAR STORAGE.
THAT'S WHAT WE'RE LOOKING TO REALLY FOCUS ON RIGHT NOW.
>> OF COURSE, WE DON'T WANT OTHER BUSINESSES COMPLAINING THAT YOU'RE GETTING SPECIAL TREATMENT AND WE ARE SENSITIVE TO THAT, OBVIOUSLY, THAT'S WHY WE HAVE THAT.
>> JUST TO FURTHER NOTE, WHEN IT COMES TO CAR SALES,
[00:40:01]
WHEN YOU THINK OF THAT AND HOW WE GO ABOUT IT, IT'S NOT THE TRADITIONAL DEALERSHIP, CARS PARKED OUTSIDE AND SIGNAGES AND STUFF LIKE THAT.IT'S A PRIVATE FACILITY FOR JUST OUR CLIENTS.
>> YOU WOULDN'T MIND HAVING THAT AS A CONDITION OF APPROVAL IF YOU HAD LIMITED.
>> YEAH. NOW, THAT'S ALREADY IN THERE.
>> AND AS FAR AS THE LEVEL OF THE AMOUNT OF NO MORE THAN YOU'VE GOT TO STICK WITH IT.
THE OTHER THING IS FOR OR ONE OF THE CONDITIONS OF APPROVAL AS THE RIGHT WAY HE'S MET REQUIREMENTS.
WE'VE SHOWN THAT IS INCORPORATED INTO THE PLAN AND WE'RE COOPERATING WITH ANY DESIGNS THAT HAVE COME FORTH.
>> THE STAFF HAS MENTIONED KEEP THE SIGNS AS IS.
>> WE DON'T HAVE ANY PLANS FOR IT NOW.
HOPEFULLY, THERE'LL BE ABLE TO TAKE OVER THE ENTIRE BUILDING.
IT'S A LARGE BUILDING. IT'S ALMOST 500 FEET IN LENGTH.
WE JUST DIDN'T WANT TO BE HELD TO THAT 75 FEET WHERE THE CODE ALLOWS FOR, I THINK IT WAS 1,400 SQUARE FEET.
WE'RE NOT ASKING YOU TO GO TO CODE.
WE KNOW THAT NO ONE WOULD EVER DO THAT, BUT WE JUST WANTED TO HAVE THAT OPTION FOR THE FUTURE AND TO HAVE IT AS A CONDITION, THEN WE HAVE TO GO ALL THE WAY THROUGH THE PUBLIC HEARING PROCESS TO GET THAT ON WOUND.
I JUST DIDN'T WANT TO BE STUCK IF THERE WAS SOMETHING IN THE FUTURE.
OBVIOUSLY, I DON'T WANT THAT TO HOLD UP THE PROJECT, BUT WE JUST WANTED THAT FLEXIBILITY, SO WE DIDN'T HAVE TO COME BACK TO PUBLIC HEARING.
THAT WAS ALL THAT WE'RE ASKING FOR.
>> THAT'S ALL THE QUESTIONS I HAVE. THANK YOU.
>> SORRY [INAUDIBLE] EXCUSE ME.
>> I HAD THE SAME CONCERNS THAT YOU HAVE.
AND I GUESS I'M CONCERNED BECAUSE IT HAPPENED MULTIPLE TIMES.
WE HOPE THERE'LL NEVER BE ANY PANDEMIC AGAIN, BUT THERE WILL BE SOMETHING, WE CAN COUNT ON THAT.
IT SEEMS LIKE MAYBE THE TOWN NEEDS TO HAVE SOMETHING ON HOW TO ENFORCE, SO WHAT TO DO.
I DON'T KNOW HOW THAT PROCESS IS DONE BUT SHOULD IT GO OVER THE 10? I THINK I BELIEVE MAYBE YOU WOULD THINK THAT WOULD BE FAIR.
>> YEAH. I THINK WE'LL EVEN MENTIONED IT, MAYBE A SELF REPORTING PROCESS ON OUR SIDE.
I DON'T WANT TO BURDEN STAFF WITH IT.
BUT MAYBE IF WE CAN SUBMIT THAT ON A BIMONTHLY OR SOMETHING, SO WE CAN SAY, HEY, AT LEAST YOU'VE DOCUMENTED, HEY, THIS IS WHAT'S ON THE WEBSITE AND PUT IT IN YOUR FILE.
THAT'S MY THOUGHT BECAUSE OTHERWISE, TO HAVE THEM GO AND RESEARCH IT EVERY MONTH OR TWO MONTHS, IT DOESN'T MAKE SENSE.
PUTTING BURDEN ON US TO DO THAT'S FINE.
>> I THINK THAT'S A GOOD SOLUTION, BUT SHOULD IT HAPPEN, THEN WHAT? [NOISE].
>> WELL, THAT WE COULD TAKE IT THROUGH A CODE COMPLIANCE PROCESS.
WE'VE WORKED WITH THEM FOR VOLUNTARY COMPLIANCE IF THERE WAS SOMETHING UNIQUE CIRCUMSTANCE BUT WE WOULD GO THROUGH THE CODE COMPLIANCE PROCESS IN THE MAGISTRATE
>> WOULD THE BUSINESS BE SHUT DOWN DURING THAT PERIOD OR HOW DOES THAT.
>> NO, UNTIL THEY'RE HEARD BY THE MAGISTRATE, THEY WOULD BE STILL OPERATING IN THE BUSINESS.
WE COULDN'T TAKE ANY ACTION TO SHUT THEM DOWN BEFORE THEY HAVE A HEARING, THE MAGISTRATE WOULD THEN MAKE A DECISION AS TO ANY PENALTY.
>> BUT THEY UNDERSTAND THE SEVERITY OF IT.
WE'VE GONE OVER IT SEVERAL TIMES AND [LAUGHTER] WE'VE BEEN PUSHING THAT SIDE AS WELL.
>> THANKS. THE ONLY QUESTION I HAVE IS THE BUILDING VISIBLE FROM I95? IF IT HAD A BIG SIGN?
>> THAT'S ALL I HAVE. THEN JOHN, I GUESS WE NEED YOUR GUIDANCE ON THIS.
IT SEEMS LIKE WE'RE LOOKING AT PRETTY MUCH THE SITE PLAN.
BECAUSE TOWN COUNCIL IS THE ONE THAT'S GOING TO MAKE THE DECISION ON THE COMPLIANCE WITH THE FLU?
>> YES. ULTIMATELY, BUT I'M SURE THEY WOULD WANT ANY GUIDANCE OR CONCERNS OUTLINED BY THE COMMISSION IF YOU HAVE SAY.
>> I DO HAVE CONCERNS ABOUT THAT.
I DON'T KNOW HOW MUCH OF AN IMPACT I'M CONCERNED ABOUT SETTING A PRECEDENT HERE BECAUSE LIVE LOCAL IS REALLY SOMETHING WE NEED TO HAVE IN OUR NOT REARVIEW MIRROR, BUT OUR INNER VISION, RIGHT DEAD CENTER BECAUSE THAT'S GOING TO GOBBLE UP I THINK A LOT OF THE COMMERCIALLY ZONED LAND THAT WE'VE GOT LEFT, OR IT'S AT LEAST GOING TO BE A CANDIDATE FOR THAT.
WE NEED TO BE REALLY THOUGHTFUL ABOUT IF COMPANIES THAT ARE TRUE MANUFACTURING INDUSTRIAL COMPANIES ARE COMING INTO OUR COMMUNITY WORK AND THEY GO, AND I KNOW THIS, JUST NIBBLING AT THE EDGE, BUT WE NEED TO BE AWARE AS A PLANNING COMMISSION THAT 10 YEARS FROM NOW, IF EVERYBODY JUST TAKES 1%, IT'S SIGNIFICANT.
[00:45:04]
THAT'S MY PERSPECTIVE ON THIS.I GUESS WITH THAT, DO WE DO PUBLIC COMMENTS NOW, JOHN, AND THEN DISCUSSION FOLLOWING THAT?
>> YES. WE DON'T HAVE ANY PUBLIC COMMENTS ON THIS ITEM UNLESS ANYBODY WANTS TO SPEAK.
>> WELL, I GUESS, WE HAVE A COUPLE OF THINGS TO CONSIDER HERE.
WHAT YOU JUST MENTIONED THERE IS VERY CRITICAL IN GERMANE TO THE WHOLE THING, SO I'M NOT SURE HOW WE WOULD CRAP THAT INTO A MOTION THAN THAT PART OF IT WE'D BE ADJUDICATED BY COUNSEL PERHAPS?
>> YEAH, THE TOWN COUNCIL, I THINK THEY ARE THE ONES THAT HAVE TO SAY YES OR NO TO THAT.
>> I HEARD THEM SAY THAT THEY WOULD COMPLY WITH THE RIGHT-OF-WAY REQUIREMENTS TO CONDITION ON THAT, WHICH IS GOOD.
I THINK WE'RE GOING TO KEEP THE SIGN-UP THE WAY IT IS.
I THINK THAT'S GOOD AND I LIKE THE PART ABOUT SELF-POLICING AND THAT THEY WOULD NOTIFY US SO THAT WE COULD TAKE THE APPROPRIATE ACTIONS IF NECESSARY.
I FEEL COMFORTABLE MYSELF, IF WE HAD ALL OF THAT AS PART OF A MOTION FOR APPROVAL.
>> THERE IS AN EXHIBIT HERE THAT'S CONDITIONS FOR COMPLIANCE WITH THE COMPREHENSIVE PLAN IN TOWN CODE THAT ARTICULATES ALL THOSE DIFFERENT CONDITIONS, RIGHT, JOHN? THAT'S CONTAINS EVERYTHING THAT YOU [INAUDIBLE]
>> THAT INCLUDES STAFF HAD IDENTIFIED IF YOU WANT TO ADD CONDITIONS RELATED TO THEM, PROVIDING SOME MONITORING BI-MONTHLY AS THE APPLICANT HAD INDICATED, WE COULD WORK ON ADDING A CONDITION FOR THAT PURPOSE.
THEN IF YOU HAVE A COMMENT ON THE POLICY DECISIONS, I THINK YOU COULD MAKE THAT SEPARATE FROM THE EXHIBIT.
>> OTHER THOUGHTS, DISCUSSION?
>> SOMEONE WANT TO OFFER A MOTION?
>> WELL, I LIKE TO MAKE A MOTION ON PRETTY MUCH WHAT I JUST SAID.
AS FAR AS THE RIGHT-OF-WAY EASEMENT THAT STAFF HAS WANTED.
I LIKE TO HAVE THAT PUT IT IN THERE, KEEP THE SIGN AS THIS.
THIS SELF-POLICING PART THAT WE TALKED ABOUT GETTING BACK WITH STAFF ON THAT, BUT NOT TOO ONEROUS.
ALSO THE ISSUE WITH COUNCIL AND MAYBE YOU CAN HELP ME WITH THAT.
THAT'S ALL DETERMINED ON WHAT COUNCIL SAYS.
>> THIS IS ALL SUBJECT, I DON'T THINK WE EVEN HAVE THE RIGHT TO CIRCUMVENT THAT.
>> THAT WOULD JUST BE FOLLOW-ON. I GUESS SO.
>> BUT I THINK WE, AS A PLANNING AND ZONING COMMISSION, CAN COMMUNICATE, PERHAPS OUTSIDE THIS DOCUMENT, ARE OUTSIDE THIS MOTION THAT WE SHARE THE CONCERN.
>> WE HAVE A MOTION BASED UPON EXHIBIT 1, KEEPING THE SIGN THE SAME. DO I HAVE A SECOND?
>> COMMISSIONER BLOOM IS NOT A VOTING TONIGHT, SO THERE WOULD NEED TO BE ANOTHER MEMBER TO SECOND.
>> ALL OPPOSED. VERY GOOD. THANK YOU.
MOVING ON TO THE NEXT ITEM. FLAGLER IS WORTH.
THIS IS NEW BUSINESS. XUNZI BAR IS THE NEXT ITEM HERE. WE'LL START.
[5.B.2. Zunzibar Outdoor Seating]
ANY EXPERT TAKING DISCLOSURES.COMMISSIONER BLOOM, COMMISSIONER MONEY.
>> NOTHING MORE THAN DRIVING BY.
>> THANK YOU AND LET'S ALSO HAVE SWEARING IN OF WITNESSES.
>> DO YOU SWEAR AND AFFIRM TO.
>> DO YOU SWEAR THE TESTIMONY EVERYTHING'S TRUTH, THE WHOLE TRUTH, NOTHING BUT THE TRUTH?
>> THANK YOU. WE'LL START WITH THE APPLICANT PRESENTATION. THANK YOU.
[00:50:05]
>> GOOD EVENING, ALL. THE RECORDS SHOWS HOLLOWAY WITH TWO GHO.
WHERE HERE TONIGHT REPRESENTING XUNZI BAR AT FISHERMAN'S WHARF.
WHAT WE'RE REQUESTING TONIGHT HERE IS AN APPROVAL TO ALLOW THE ADDITION OF A 608 SQUARE FOOT COVERED OUTDOOR DINING AREA AND SOME OTHER MISCELLANEOUS SITE IMPROVEMENTS TAKING PLACE AT THE FORMER BOSTON MARKET LOCATION.
OTHER THAN INTERIOR IMPROVEMENTS TO THE BUILDING, THERE'S NO OTHER BUILDING ADDITIONS PROPOSED OTHER THAN THE OUTDOOR DINING.
MISCELLANEOUS SITE IMPROVEMENTS HAVE ALSO BEEN MADE TO INCLUDE SOME RECONFIGURED PARKING WHILE STILL MAINTAINING THE REQUIRED GREEN SPACE, REMOVAL AND REPLACEMENT OF AN EXISTING FREESTANDING SIGN, AND SOME SLIGHT ARCHITECTURAL MODIFICATIONS TO MODERNIZE THE ALMOST 30 YEAR-OLD BUILDING.
LOCATION HERE IS AS ANYTOWN AT THE BOTTOM.
THE SITE ITSELF HAS AN OUT PARCEL OF FISHERMAN'S WHARF COMMERCIAL, WHICH ESSENTIALLY IS PRETTY MUCH EVERYTHING YOU SEE IN THIS DIAGRAM OTHER THAN THE EXISTING RETAIL HERE IN THE BOTTOM LEFT CORNER.
THIS IS THE EXISTING SITE OUTLINED IN RED.
AGAIN, THAT IS THE EXISTING AS THE OLD BOSTON MARKET RESTAURANT.
JUST A LITTLE BIT ABOUT XUNZI BAR THEMSELVES, THEIR SISTER RESTAURANT TO XUNZI IS WHICH ORIGINALLY OPENED IN SAVANNAH, GEORGIA IN 2005.
AFTER A SUCCESSFUL START, THEY OPENED UP A SECOND RESTAURANT LOCATION IN ATLANTA, GEORGIA.
IT'S BASED ON A CASUAL BEACH THEME DINING CONCEPT KNOWN FOR ITS SIGNATURE COCKTAILS, FROZEN DRINKS, SANDWICHES, WINGS, BAR BYTES, AND SALARIES, ETC.
THE COVERED OUTDOOR DINING AREA IS AN EXTENSION OF THE RESTAURANT ITSELF.
WE HAVE PROVIDED SOME PHYSICAL BARRIERS WITH THE OUTDOOR DINING.
SOME PLANTERS AND SOME FENCING HAVE BEEN PROPOSED ALONG THE PERIMETER OF THE SEATING AREA TO DEFINE A CONTAINED THE LIMITS FOR ALCOHOL CONSUMPTION.
IN THE OUTDOOR SEATING AREA ALSO HAS A FOUR-FOOT CLEAR ADA ACCESSIBILITY PATH PROVIDED THROUGH THE PATIO TO ALLOW FOR UNOBSTRUCTED PEDESTRIAN FLOW EAST AND WEST THROUGH THAT OUTDOOR DINING SPACE.
HERE'S THE EXISTING RESTAURANT, HERE IN THE MIDDLE.
THE OUTDOOR SEATING AREAS PROPOSED IN THE SOUTHEAST CORNER OF THE RESTAURANT BUILDING.
WE HAVE PROVIDED RECONFIGURED PARKING THROUGHOUT THE SITE, RECONFIGURE SOME PARKING IN THE BACK, ALONG THE SIDES, AND IN THE FRONT AS WELL.
THE NEW SIGN IS LOCATED IN THE FRONT.
THERE WAS AN EXISTING SIGN HERE TODAY AND THEY'RE JUST PROPOSING TO REPLACE THAT SIGN WITH A NEWER SIGN.
THIS IS JUST AN ENLARGEMENT OF THE PATIO.
AGAIN, YOU CAN SEE THE MAJORITY OF THE SEATING IS IN THE FRONT OF THE BUILDING.
IT'S TOTALLY ENCLOSED AND BORDERED BY THE RESTAURANT ITSELF.
THEN WE HAVE PLENTY OF LANDSCAPING IN THE FRONT AND SIDE TO HELP ENCLOSE THE OUTDOOR SEATING.
IT IS A 0.28 ACRE SITE, HAS A LAND USE OF COMMERCIAL ZONING OF C2, AND IT IS WITHIN THE PARKWAY DISTRICT OR THE IOC.
THE EXISTING RESTAURANT IS ABOUT 3,050 SQUARE FEET, WHERE AGAIN, WE'RE NOT TOUCHING THAT THE BUILDING AT ALL.
THEN THE OUTDOOR SEATING OF 608 SQUARE FEET, PARKING REQUIRED AND PROVIDED THIS 39 SPACES AND WE CURRENTLY PROVIDE 34.1% GREEN SPACE AND REQUIRED IS 30%.
AGAIN, WE'RE DOING SOME MINOR MODIFICATIONS TO THE FACADE OF THE BUILDING, UPDATING THE COLORS AND FINISHES, REPLACEMENT OF THE EXISTING BARREL TILE WITH A METAL ROOF WITH THE INTENT JUST TO GET THE BUILDING IN MORE MODERN APPEAL.
THIS IS A 3D RENDERING THAT WAS DONE.
YOU CAN SEE SOME OF THE METAL ROOF, SOME OF THE ARCHITECTURAL FEATURES THEY'VE ADDED TO THE BUILDING ITSELF.
THEN THIS IS THE OUTDOOR DINING LOCATION HERE IN THE FRONT.
YOU CAN SEE THE AMOUNT OF LANDSCAPING THAT IS PROPOSED AROUND THE FRONT AND SIZE OF THE OUTDOOR DINING.
IT WILL REALLY HELP SCREEN THIS FROM THE PARKING LOT AND THIS SIDE ROADWAY THAT GOES EAST OF THIS.
IN CONCLUSION, THE PROPOSAL ONLY GENERATES THREE ADDITIONAL NET TRIPS AND HAS RECEIVED PALM BEACH COUNTY TRAFFIC PERFORMANCE STANDARDS APPROVAL.
LANDSCAPING FOR THE PROJECT WILL COMPLEMENT THE OUTDOOR SEATING AREA, IS ALSO CONSISTENT WITH THE IOC SEE GRAPE THEME.
WE DO AGREE WITH ALL THE CONDITIONS OTHER THAN THERE IS ONE THAT WE JUST CAUGHT TODAY.
THERE WAS ONE CONDITION OF APPROVAL AND WE DID TALK TO STAFF ABOUT IT HERE AT THE END OF THE DAY, REQUIRING UNDERGROUND UTILITIES AND THE WAY IT'S WRITTEN TODAY, IT TALKS ABOUT COMPLETING A DESIGN FOR UNDERGROUNDING OF THE UTILITIES AND ALSO THEN PAYING FOR THE UNDERGROUNDING, WHICH FISHERMAN'S WHARF ELSE HAS ALREADY DONE FOR THE OVERALL COMMERCIAL PIECE, THE LARGE PIECE.
[00:55:01]
BUT SINCE THIS ONE IS SO SMALL, TYPICALLY, THE APPLICANTS HAVE THE OPTION TO UNDERGROUND THEMSELVES OR PAY INTO A FUND AND GIVEN THAT THIS ONE IS SO SMALL, THEY REALLY CAN'T UNDERGROUND THEM THEMSELVES.DESIGNING IT REALLY IS NOT AN OPTION, SO THEY WILL JUST PAY INTO THAT FUND.
WHAT WE DID IS WE DON'T WANT TO READ THROUGH IT HERE, BUT WE PROVIDED A CONDITION OF APPROVAL THAT THE TOWN HAD PREVIOUSLY GIVEN US ON JUPITER GRILL, WHICH WAS ON INDIAN TOWN ROAD, WHICH BASICALLY STATES THEY WOULD PAY FOR THE ESTIMATED COSTS FOR THE DESIGN AND PLACEMENT OF ALL UTILITIES UNDERGROUND ALONG INDIAN TOWN ROAD.
WE WOULD JUST ASK THAT THAT CONDITION HAS BEEN MODIFIED, SO IT'S CLEAR.
BUT OTHER THAN THAT, WE'RE MAYBE WITH EVERYTHING.
I'M OPEN FOR QUESTIONS. THANK YOU.
>> GOOD EVENING, COMMISSION. FOR THE RECORD, GARRETT WATSON WITH PLANNING AND ZONING.
THE APPLICATION BEFORE YOU TONIGHT IS HERE AT A PUBLIC HEARING BECAUSE IT EXCEEDS A 500 SQUARE FOOT THRESHOLD THAT'S IN THE CODE, SO IT REQUIRES A PUBLIC HEARING PROCESS [NOISE] AS THE APPLICANT STATED, WE'VE WORKED WITH THEM THROUGHOUT THE PROCESS TO CONTAIN AND CONFINE THAT AREA.
WE FOUND THAT IF WE DON'T CONTAIN OUTDOOR SEATING AREAS, THAT THEY FREQUENTLY EXPAND WITHOUT OUR APPROVAL, SO THEY'VE WORKED TO REALLY HIM THAT AREA, AND THEN DEFINE IT TO THAT 608 SQUARE FEET THAT THEY ARE MEASURING THEIR IMPACTS FOR THEIR TRAFFIC THERE PARKING, IT WILL STAY CONSISTENT WITH THAT.
AS THE APPLICANT NOTED, WE HAVE A FEW CONDITIONS OF APPROVAL.
THE CONDITIONAL APPROVAL, THE APPLICANT NOTED ABOUT THE FEE IN LIEU.
WE'RE IN AGREEMENT WITH SOME MODIFICATIONS THERE.
REALLY THE INTENT IS WHEN YOU'RE UNDERGROUND UTILITIES, YOU NEED A BIG STRETCH IN ORDER TO ACTUALLY SEE A REDUCTION IN POLLS.
ON SUCH A SMALL FRONTAGE, THERE MAY BE ONE OR TWO POLES THERE, AND IF YOU UNDERGROUND, YOU WOULD END UP WITH ONE OR TWO POLES AGAIN.
THE INTENT WAS REALLY JUST TO CAPTURE A FEE THAT IT WOULD COST TO INCLUDE THAT SECTION IN A MUCH LARGER SECTION.
THAT'S THE ULTIMATE GOAL, IS TO BE ABLE TO CAPTURE THOSE DOLLARS NOW, SO THAT IN THE FUTURE, WE CAN USE THOSE DOLLARS ALONG WITH WHAT WAS GIVEN FOR FRESH MARKET AND FISHERMAN'S WHARF PROJECT THAT YOU SAW A FEW MONTHS AGO AND BE ABLE TO UNDERGROUND A MORE SIGNIFICANT STRETCH, AND WE'D BE ABLE TO CAPTURE THOSE DOLLARS.
WE'LL WORK ON SOME OF THAT LANGUAGE AND MAKE SURE IT'S CLEAR BEFORE WE GO TO COUNCIL THAT THAT'S THE INTENT.
IN ADDITION TO THAT, WE HAVE SOME MINOR LANDSCAPING CONDITIONS THAT ARE REALLY MORE RELATED TO ONGOING MAINTENANCE, MAKING SURE THAT THEY'RE SAFE SIDE TRIANGLES, THAT THERE'S VISIBILITY, TRYING KEEP THINGS SAFE AND MAINTAINED.
WE HAVE A MINOR ARCHITECTURAL CHANGE THAT REALLY JUST HAS TO DO WITH THE ROOF PITCH OF THAT CANOPY.
IT SHOULD BE VERY EASY FOR THE APPLICANT TO FIX, AS WELL AS SOME SCIENTISTS CONDITIONS THAT ARE VERY STANDARD FOR THIS TYPE OF APPLICATIONS.
WITH THAT, I'D BE HAPPY TO ANSWER ANY QUESTIONS.
>> THANK YOU, MR. WATSON. COMMISSIONER BOWMAN, CAN ME START WITH YOU ON THAT QUESTIONS?
>> I DON'T HAVE ANY QUESTIONS AT THIS TIME.
>> THANK YOU, COMMISSIONER BOWMAN.
>> DO WE HAVE ANY BUSINESSES OR ANY RESIDENTS THAT NEED TO SPEAK OUT ON THIS MATTER TO HAVE A PROBLEM OR ISSUE WITH IT, DO WE KNOW OF ANYTHING OF THAT NATURE?
>> WE'LL HAVE THE COMMENT AFTER QUESTIONS, BUT WE DO NOT HAVE ANY CURRENTS ON THIS ITEM.
>> AS FAR AS THE OUTDOOR SEATING, WILL THERE BE MUSIC BEAT THAT WILL BE PLAYED OUT THERE FOR THE APPLICANT?
>> YES, I'M SURE THERE WILL BE.
THERE'LL BE MUSIC PLAYING IN THE INSIDE AND OUTSIDE.
THEY WILL HAVE FOLDING, NOT OVERHEAD DOORS, BUT THEY'LL HAVE FOLDING DOORS ON THE BUILDING ITSELF.
IT WILL ESSENTIALLY ALLOW PEOPLE TO GO IN AND OUT OF THE BUILDING OUT TO THE OUTDOOR DINING.
>> YOU KNEW OF OUR NOISE ISSUES THAT [OVERLAPPING].
>> ABSOLUTELY, THEY WILL HAVE TO MEET THE NOISE ORDINANCE.
>> THERE'S SOMETHING IN THERE ABOUT THAT.
>> THERE'S NO SPECIAL CONDITIONS THAT ARE RECOMMENDED AT THIS POINT, SINCE IT WASN'T LOCATED WITH JASON OR NEARBY RESIDENTIAL.
BUT IF THE COMMISSION FEELS SOMETHING INAPPROPRIATE, WE CAN LOOK INTO THAT.
>> WITH REGARDS TO THE HOOKUP FEE THAT WE WERE TALKING ABOUT, YOU SAID IF WE MOVE FORWARD WITH THIS, WE WOULD HAVE A CONDITION THAT YOU WOULD WRAP THAT LANGUAGE FOR THAT. IS THAT CORRECT?
>> WE'LL WORK ON CLARIFYING THAT LANGUAGE BEFORE IT GETS TO COUNCIL JUST TO MAKE SURE THAT IT'S CLEAR WHAT THE INTENT IS, WHICH IS THE INTENT WAS ALWAYS TO JUST CAPTURE THAT FEE.
BUT IT'S NOT EXACTLY CLEAR WHEN YOU LOOK AT THE LANGUAGE THAT WE USE.
THEN THERE'S A 60-DAY CLAUSE, IN THERE TOO, CORRECT?
>> WITH REGARDS TO WATER FEES.
CORRECT, THAT'S THE STANDARD WATER FEE CONDITION.
>> I GUESS THE QUESTION FOR THE APPLICANT IS THERE'S NO PROBLEM WITH DOING ANYTHING THAT WE'RE TALKING TO YOU ABOUT DOING AS FAR AS THE DIVISIONS?
>> MY MAIN CONCERN WAS LIVE MUSIC JUST UNDERSTANDING WE AREN'T CLOSE ADJACENT TO ANY RESIDENTIAL AREAS, BUT I THINK THAT WHAT WE'VE DISCUSSED,
[01:00:01]
IT WOULD BE BENEFICIAL FOR THE COMMUNITY THAT WE WOULDN'T HAVE LOUD MUSIC.THE ONE THING I'M VERY FAMILIAR WITH THE RESTAURANT IN SAVANNAH.
IT'S A GREAT GATHERING PLACE FOR THE COMMUNITY, AND IT'S WONDERFUL, GREAT PRICE POINTS AND EVERYTHING ELSE, SO HOPEFULLY THAT WILL ALL AGREEING, EVERYBODY CAN BE ABLE TO HAVE AN OPPORTUNITY TO VISIT YOUR RESTAURANT.
>> YES, SIR. QUESTION FOR THE APPLICANT, HOW MANY ADA PARKING SPOTS DO YOU HAVE ON THAT?
>> LET ME SEE, I CAN'T REMEMBER.
TWO. YES, WE HAVE TWO AT THE FRONT DOOR, ONE AT THE VERY FRONT AND ONE ON INSIDE.
>> ANOTHER QUESTION FOR STAFF.
ON THE METAL ROOF IS THAT WITHIN, I KNOW FROM OUR STANDPOINT WITH THE WATER AND EVERYTHING, IT'S GREAT TO HAVE THE METAL ROOF, BUT DOES THAT KEEPS HIM TO THE STANDARDS WITHIN OUR MAKING SHORTS? IT'S OKAY TO HAVE A METAL ROOF IN THAT SENSE, I JUST WANTED TO MAKE SURE WE'RE NOT IN NONCOMPLIANCE.
>> THEY'RE STILL ARCHITECTURAL RESTRICTIONS, BUT WE GENERALLY LOOK FOR COMPATIBILITY.
THE STRUCTURE IS MAINTAINING A LOT OF THE ELEMENTS AS IT EXISTS, THE ROOF PITCH, THE TOWER ELEMENT, AND THOSE THINGS ARE BEING MAINTAINED.
JUST SOME SLIGHT MATERIAL CHANGES, WHICH IS PRETTY COMMON WITH THE MODERNIZATION OF MEDITERRANEAN STRUCTURES THESE DAYS.
>> THOSE ARE MY QUESTIONS. THANK YOU.
>> THANK YOU. COMMISSIONER SINGER.
>> TWO QUESTIONS ON THE CANOPY.
>> THE APPLICANT AGREES WITH THE PITCH CHANGE.
>> ONE QUESTION FOR THE APPLICANT.
JUDGING BY THE IMAGES ON THE SIDE PLAN, IT LOOKS LIKE IT'S SIMPLY SEATING OUTSIDE.
IT'S ONLY SEATING, THERE'S NO BAR OR FOOD PREP OR ANYTHING LIKE THAT OR STATION?
>> THANK YOU. COMMISSIONER KENAN.
WHAT ARE YOUR ANTICIPATED BUSINESS HOURS? IS THIS MORNING TO NIGHT, OR IS IT JUST DINNER?
>> NO. IT'S DEFINITELY ON LUNCH AND DINNER.
I DON'T THINK THEY'RE HAVING FOR BREAKFAST.
>> THANKS. I GUESS A QUESTION FOR MR. HOLLOWAY.
HOW MANY SEATS ARE IN THE RESTAURANT?
>> I THINK IT WAS 120. YEAH, 120.
>> WE HAD TO HAVE THAT FOR LIQUOR LICENSE.
>> HOW MANY WOULD BE OUTSIDE, 50, 40, PROBABLY.
I DON'T THINK OUR APPLICATION TALKED ABOUT SEATS OUTSIDE.
>> I'M JUST REALLY TRYING TO EDUCATE MYSELF ON THE PROPER PARKING FOR A RESTAURANT.
I'M JUST LOOKING AT THE 39 SPACES.
>> IT IS 120 TOTAL, WHICH IS INSIDE AND OUTSIDE.
>> IS THERE CROSS ACCESS WITH THE ADJACENT LOTS?
>> THE OTHER PARKING REQUIREMENTS ARE STRICTLY JUST SQUARE FOOTAGE, NOT NUMBER OF SEATS.
>> JUST THINKING FROM A PRACTICAL STANDPOINT.
IF THE PLACE IS HALF-FULL, IT'S GOING TO BLEED OVER INTO THE OTHER COMMERCIAL, BUT I KNOW THAT HAPPENS.
DO WE HAVE ANY PUBLIC COMMENTS? I THINK YOU SAID NO.
>> WE CAN GO INTO CONVERSATION AND DELIBERATION. THOUGHTS?
>> I'LL BRING THE MOTION TO PASS THE PROPOSAL AS IS WITH A RECOMMENDATION TO THE [INAUDIBLE]
>> THEY WILL PAY INTO THE FUND, NOT I HAVE TO CONSTRUCT A CONSENSUS.
THE CONDITIONS FOR COMPLIANCE.
>> YES. BUT YOU ALL HAVE WRITTEN UP HERE.
THE MOTION IS TO APPROVE THIS WITH THE ADDITION OF THE UNDERGROUNDING FEES BEING PAID INTO THE FUND INSTEAD OF ACTUALLY EXECUTED BY THE OWNER.
>> WOULD THE EXHIBIT ALREADY ESSENTIALLY SAYS THAT [OVERLAPPING]
>> SOMETHING A LITTLE BIT MINOR
>> THE MOTION AND SECOND. ALL IN FAVOR?
>> VERY GOOD. UNDER [INAUDIBLE]
[5.B.3. Flagler’s Wharf]
[01:05:01]
SO WE WILL START WITH EX PARTE COMMUNICATE DISCLOSURES.SO COMMISSIONER KENAN, LET'S START ON YOUR SIDE THIS TIME.
>> I JUST DROVE BY AND WALK THE PROPERTY AND THAT'S IT.
>> I MET WITH THE APPLICANT AT DON HEARINGS OFFICE AND DROVE BY THE SITE.
>> I HAVE NOTHING TO DISCLOSE.
>> I KNOW THE APPLICANT FROM A YEAR-AND-A-HALF AGO, BUT ONLY SOCIALLY AND I HAVEN'T SPOKEN TO HIM IN A YEAR.
>> THANK YOU. COMMISSIONER DANNY.
>> DRIVING BY THE SITE NUMEROUS TIMES.
>> NOW WE DO THE SWEARING IN, IF I REMEMBER CORRECTLY.
>> PLEASE STAND AND RAISE YOUR RIGHT HAND.
DO YOU SWEAR [INAUDIBLE] THE TRUTH, THE WHOLE TRUTH, AND NOTHING BUT THE TRUTH?
WE'LL START WITH THE APPLICANT PRESENTATION.
>> BEFORE WE GET STARTED I'D LIKE TO ASK IF AT ALL POSSIBLE IF I COULD HAVE ANY ADDITIONAL TIME.
THERE'S JUST A LOT TO COVER, A LOT OF ASPECTS OF THE SITE PLAN, A LOT OF INDIVIDUAL WITH THE MARINAS IN THE BUILDING.
THEN WE'VE ALSO GOT A LOT OF THE STAFF COMMENTS THAT CAME OUT ON FRIDAY.
WE WOULD JUST LIKE TO TRY TO GO OVER THOSE AS WELL.
I DON'T KNOW IF THAT IS POSSIBLE OR NOT TO GET SUB EXTRA OF MINUTES.
>> JOHN, WHAT DO YOU TYPICALLY DO?
>> THAT'S UP TO THE BOARD, WHETHER YOU WANT TO EXTEND THE TIME FRAME.
>> DO YOU HAVE A SENSE OF HOW MUCH?
>> WELL, BEST-CASE IT'D BE 10.
IF I COULD DO FIVE, I WILL DO MY BEST HOP TO SKIP OVER SOME SLIDES.
BUT IF I COULD DO FIVE EXTRA MINUTES, I CAN GET THROUGH THIS AS QUICKLY AS POSSIBLE.
I JUST WANT TO GIVE YOU ALL GET AS MUCH INFORMATION AS YOU NEED TO MAKE A REPORT.
>> I THINK IT'S OKAY TO DO FIVE AND IF WE NEED TO GET FURTHER INTO IT, THEN I THINK WE CAN VOTE ON IT, SO LET'S ASSUME 20.
>> AGAIN, FOR THE RECORD, TROY HOLLOWAY WITH TWO GHO.
WE'RE BRINGING YOU TONIGHT, FLAGLER WHARF.
WE ARE HERE TONIGHT ON BEHALF OF INDEX REALTY, INDEX INVESTMENTS WHO ARE ALSO WITH ME TONIGHT.
IF YOU HAVE ANY QUESTIONS FOR THEM, THEY CAN DEFINITELY HELP ANSWER YOUR CONCERNS.
WE'RE HERE TONIGHT SEEKING A USE BY RIGHT SITE PLAN APPROVAL TO REDEVELOP A PRE-EXISTING 2.95 ACRE BELLS MOBILE HOME PARK WITH A SINGLE STORY, 3,200 SQUARE FOOT WATERFRONT CAFE, WITH 1,150 SQUARE FEET OF COVERED OUTDOOR DINING, AND A FIVE STORY BUILDING CONSISTING OF THREE LEVELS OF CONCEALED PARKING, 5,000 FEET OF OFFICE RETAIL USE ON THE FIRST FLOOR, 30,000 SQUARE FEET OF OFFICE ON THE FOURTH AND FIFTH.
WE ALSO THEN HAVE THREE 1,000 SQUARE FOOT ACCESSORY RESIDENTIAL UNITS ON THE FIFTH FLOOR.
WE'RE ALSO REQUESTING A SPECIAL EXCEPTION TO REFURBISH, RECONFIGURE, AND RESTORE THE EXISTING 14 SLIP MARINA TO A 12 SLIP MARINA.
I KNOW THE APPLICATION WE DID SUBMIT HAD 13 SLIPS.
BUT SINCE THE STAFF COMMENTS CAME OUT IN WORKING WITH STAFF TO DO SOME OF THE ENVIRONMENTAL ISSUES OF RIP WRAPPING, AND UP THEM PLANTINGS IN THE MARINA, IT WILL ESSENTIALLY GO DOWN TO 12.
I'M GOING TO SKIP OVER SOME INDEX INVESTMENT STUFF.
BUT AGAIN, THE INDEX INVESTMENT WAS STARTED IN 1998 BY BJORN BORG, WHO IS IN THE AUDIENCE AND HE CAN DEFINITELY ASSIST YOU WITH SOME QUESTIONS.
THE BOTTOM HERE, THEIR HEADQUARTERS CURRENTLY ARE IN THE 1,000 NORTH BUILDING IN THEIR PLANT IN WHICH THEY DID DEVELOP AND OWN AND THEIR PLANS ARE TO MOVE THEIR OFFICES AND HEADQUARTERS TO THIS SITE.
THIS IS PROBABLY LOCATION YOU'RE ALL PROBABLY FAMILIAR WITH.
I'LL JUST SKIP OVER THAT IS THAT THE NORTHEAST CORNER OF A1A IN OUR JUPITER BEACH ROAD.
THIS IS THE EXISTING PROPERTY AS IT EXISTED WHEN THEY BOUGHT IT.
THE MOBILE HOME PARK, WHICH CONSISTED OF AT THAT TIME 31 HOMES, SINGLE-FAMILY HOMES AND MOBILE HOMES, AND THE 14 SLIP MARINA UNTIL ABOUT 2016 WHEN IT WAS PURCHASED.
AT TIME THEY PURCHASED IT, THE TOWN REQUESTED THAT THEY COME IN RELOCATE THE RESIDENTS, AND CLEAN UP THE PROPERTY WHICH THEY HAVE TODAY.
IN 2019, THEY CAME IN WITH A ALF AN APPLICATION FOR AN ASSISTED LIVING FACILITY WHICH WAS THEN WITHDRAWN.
WE THEN BEGAN OUR PROCESS THAT WE'RE IN NOW ABOUT TWO YEARS AGO.
WE STARTED THE PROCESS, WHEN WE STARTED WITH STAFF, THE APPLICANT WANTED TO DO RESIDENTIAL, STAFF WAS MORE IN FAVOR OF KEEPING THIS CORRIDOR COMMERCIAL.
WE ARE TRYING TO DO THAT WITH THE PLANE WE HAVE TODAY AND KEEPING THE COMMERCIAL USES.
[01:10:02]
AGAIN, THE SIZE 2.955 ACRES, 0.3 ACRES OF SUBMERGED LANDS EXIST TODAY.IT'S COMMERCIAL LAND USE C2 ZONING.
IT IS WITHIN THE ROA, ALTERNATE A1A REDEVELOPMENT OVERLAY DISTRICT, WHICH WE CALL ROA.
THE BUILDING HEIGHT IS PROPOSED AT 58 FEET.
SIXTY FOOT IS THE MAXIMUM, ALLOWED BY CODE IF YOU PARK UNDERNEATH THE BUILDING.
THE BUILDING LOT COVERAGE PROPOSE IS 25.4%, 35% IS THE MAXIMUM ALLOWABLE.
OUR GREEN SPACE PROPOSES 32.9%, AND THAT ALSO DOES INCLUDE THE RELOCATION OF A PUBLIC EIGHT-FOOT MEANDERING SIDEWALK ONTO THE PROPERTY, 30% IS MINIMUM.
TWO HUNDRED AND FOUR SPACES ARE REQUIRED AND THROUGH SHARED PARKING, 207 HAVE BEEN PROVIDED.
AGAIN, THERE'S OUR FIVE STORY STRUCTURE.
IN THE MIDDLE WE HAVE IN A ONE TO TWO STORY CAFE.
ESSENTIALLY IT'S A ONE STORY CAFE WITH A TWO-STORY SECTION OVER TOP OF THE DELIVERY AND STORAGE AREA FOR THE RESTAURANT.
TO THE EAST OF THE PROPERTY, THIS IS VACANT R1, RESIDENTIAL WHICH IS ALSO OWNED BY INDEX.
AT SOME POINT THEY WILL COME IN FOR RESIDENTIAL USE OF SOME KIND ON THAT LOT.
ON THE BUILDING ITSELF, IT DOES FACE ALTERNATE A1A, SO WE DO HAVE SOME ONE STORY COMMERCIAL USE LINER ON THE FRONT OF THE BUILDING FACING A1A AND INTERACTING WITH THAT ROAD AS WELL, ALONG WITH A COVERED ARCADE FRONTING THAT LINER.
THE BUILDING ITSELF, THE ROA ALLOWS FOR A BUILDING SETBACK OF A MINIMUM OF 20 FEET, WE DO HAVE A 20 FOOT SETBACK HERE ON ALL JUPITER BEACH ROAD.
WE HAVE SETBACKS OF 38 AND 55 FEET TO THE FRONT OF THE BUILDING ALONG A1A, THE PROPERTY LINE DOES JOG.
ESSENTIALLY WE'RE 55 FEET FROM THE BACK OF THE EXISTING SIDEWALK TO THE FACE OF THE BUILDING, CURRENTLY.
WE ALSO ARE RELOCATING TWO VERY LARGE TREES ON THE SITE.
THERE WAS A 48 INCH LIVE OAK, WE'RE GOING TO MOVE, WE'RE GOING TO MOVE IT APPROXIMATELY 20 OR 30 FEET.
WE'RE GOING TO RAISE THAT TREE BECAUSE OF THE SALTWATER INTRUSION.
WE'RE ALSO GOING TO MOVE AN 80 INCH FICUS TO MAKE THAT A FOCAL POINT IN THE SOUTHWEST CORNER HERE ONE OF THE SITES.
THIS IS THE MEANDERING SIDEWALK.
THEY WILL BE RELOCATED ONTO THE SITE.
CURRENTLY, IT'S AN EIGHT FOOT SIDEWALK, A BUDDING A1A, SO IT SITS RIGHT ON THE EDGE OF THE CURVE, WILL MOVE THAT INSIDE AND LANDSCAPE IT HEAVILY BETWEEN THE ROAD, WHICH WILL MAKE THEM MUCH SAFER FOR PEDESTRIANS.
WE HAVE A SIX FOOT SCREEN WALL WE'LL BE PLACING BETWEEN THE TWO PROPERTIES, BETWEEN THE COMMERCIAL AND RESIDENTIAL NEXT DOOR.
WE'VE ALSO HAD DISCUSSIONS WITH THE TOWN.
THEY HAVE AGREED TO PROVIDE THE TOWN WITH A 12 FOOT DRAINAGE EASEMENT ALONG THE EASTERN BOUNDARY TO ASSIST THE TOWN WITH SOME DRAINAGE ISSUES THAT ARE ONGOING AND ALL JUPITER BEACH ROAD.
THEY WILL HAVE AN OUTFALL THROUGH THE PROPERTY AND OUT INTO THE WATERWAY.
THIS IS JUST AN ENLARGEMENT OF THE CAFE IN MARINA AREA.
AGAIN, THIS IS THE CAFE WITH OUTDOOR DINING SURROUNDING THREE SIDES OF THAT CAFE.
TO THE WEST SIDE, WE HAVE A COVERED AND ENCLOSED DELIVERY AND STORAGE AREA.
ABOVE THAT AREA TO HELP COVER THE TOP, THEY HAVE PUT THE RESTAURANT SUPPORT OFFICES ON TOP OF THAT.
AGAIN, THAT BUILDING IS ABOUT 28.5 FEET FROM A1A.
WE'RE ALSO PROVIDING SOME HISTORICAL SIGNAGE ALONG THE PUBLIC SIDEWALK, A TRANSITIONAL PLANTINGS, WHICH WE'VE BEEN TALKING TO STAFF.
WE'LL DO TRANSITIONAL PLANTINGS SURROUNDING ON ALL SIDES OF THE MARINA, ON THE UPLAND SIDES.
NOW IN ADDITION TO THE EASEMENT OR GIVING THE TOWN FOR THEIR OUTFALL, WE'RE GOING TO DO A BIOSWALE AT THE END OF THEIR OUTFALLS.
THAT WILL THEN HELP FILTER THE WATER BEFORE IT DUMPS INTO THE WATERWAY ITSELF.
THEY JUST RECENTLY FINISHED UP THAT CONSTRUCTION, BUT THEY DID ALSO PROVIDE THE TOWN WITH A 15 FOOT UTILITY EASEMENT HERE AT THIS POINT.
THE TOWN PUT A PIPE AND THAT CAME ACROSS UNDERNEATH A1A AND HELP THEM ALLEVIATE FLOODING ISSUES THEY WERE HAVING OVER NEAR OLD DIXIE HIGHWAY.
THE SITE PLAN WILL ALSO, IT PROVIDES, ALL THE PARKING WILL BE TO THE REAR AND THE SIDES OF THE BUILDING AND WITHIN THE PARKING GARAGE.
MOST OF THE PARKING WILL BE SCREENED AND OUT OF VIEW FROM THE PUBLIC.
ALL THE GARBAGE AND RECYCLING AREAS WILL BE COMPLETELY SCREENED FROM ALL THE SIDES AND FROM ABOVE AS WELL.
THERE WAS THIS GARBAGE AND CLOSURE INSIDE THE OFFICE BUILDING.
THEN OF COURSE WE HAVE THE AREA THE DELIVERY AND SERVICE AREA OF THE RESTAURANT WILL ALSO BE FULLY SCREENED.
JUST FOR CLARIFICATION ON THE MARINA AS WELL.
CURRENTLY, THE MARINA SLIPS, LIKE I SAID, THERE ARE 14 AND THE YELLOW LINE IS THE EXISTING BULKHEAD.
[01:15:03]
THE PLAN HERE IS THAT WILL BE SHIFTED SOUTH TO GET ALL BOAT SLIPS OUT OF THE 60-FOOT.CURRENTLY THERE'S A 60-FOOT RIGHT-OF-WAY THERE THAT THERE INSIDE OF THAT CANAL RIGHT-OF-WAY.
THEY MOVE THE BULKHEAD BACK, DREDGE AND CLEAN OUT THIS MARINA.
IT'S CURRENTLY 5-10 FEET OF SLUDGE.
THERE'S A LOT OF SUNK AND BOATS AND LOTS OF DEBRIS.
THIS WILL ACTUALLY HELP THIS WHOLE MARINA.
IT WILL HELP THE WATERFLOW FOR SURE.
ALSO WITH THESE OUTFALLS, THE ONE THAT'S EXISTING AND THE PROPOSED ONE WILL ALSO HELP THE WATERFLOW IN THIS DEAD END CANAL BASIN.
LIKE I SAID, THIS IS PART OF THE A1 OVERLAY DISTRICT.
THERE ARE ABOUT EIGHT GENERAL PLANNING PRINCIPLES, AND I'M PROBABLY NOT GOING TO HAVE TIME TO GO THROUGH A LOT OF THESE.
THERE ARE EIGHT OF THESE AND WE MEET EVERY ONE OF THESE PRINCIPLES.
TO BEGIN WITH, I GUESS NUMBER 1 HERE TALKS ABOUT HISTORICAL COMMERCIAL CHARACTER OF THIS AREA OF THE TOWN.
WE MADE A SPECIAL POINT TO KEEP THAT COMMERCIAL CHARACTER OF THE TOWN.
WE HAVE THREE RESIDENTIAL UNITS, BUT OTHERWISE, WE HAVE CONTAINED THAT HISTORICAL COMMERCIAL CHARACTER.
WE'VE MISSED A LOT OF DIFFERENT USES, COMMERCIAL RETAIL USES, EMPLOYMENT OPPORTUNITIES.
WE'VE APPLIED AS MANY AS OF THE T&D PLANNING PRINCIPLES THAT WE COULD POSSIBLY DO ON THIS SITE AND ALSO ASK FOR ORIENTING EXISTING COMMERCIAL BUILDINGS, SUCH AS THE FRONT OF THE BUILDINGS FACE THE STREET UPON WHICH THE BUILDINGS ARE LOCATED.
THE ONE THING WE CAN'T DO IS ON STREET PARKING, WHICH OBVIOUSLY WON'T WORK THERE.
PRESERVE, ACCENTUATE, ENHANCE NATURAL RESOURCES, SPECIMEN TREES.
WE'VE PRESERVED ALL OF THE SPECIMEN TREES.
WE ALSO ASK TO PROVIDE FOR ORIENTATION NEW BUILDINGS, AND THE ENTRANCES, WINDOWS AND OUTDOOR SPACES SUCH THAT THESE FEATURES FRONT ON ALTERNATE 1A, WHICH WE HAVE DONE AND PRESERVE AND ACCENTUATE, ENHANCE VIEWS FROM THE WATERWAYS BY PROHIBITING THE LOCATION OF SERVICE AREAS IN DUMPSTERS ABOUT IT IN WATERWAY.
THEY ALSO HAVE LAND DEVELOPMENT REGULATIONS THAT PERTAIN TO THE BUILDINGS THEMSELVES, AND THIS IS THE COMPATIBILITY.
IT DOES ALLOW FOR REDUCED SETBACKS, AS I HAD MENTIONED, THE REDUCED SETBACKS AND STEP BACKS WHEN 75% OF THE PARKING IS PLACED ON THE SIDE OR REAR OF THE PROPERTY, WHICH OURS IS.
A BUILDING IS PLACED AT THE MINIMUM SETBACKS, YOU INCORPORATE BUILDINGS SETBACKS ABOVE TWO STORIES WITH 35 FEET, AND THIS IS A SECTION HERE OF THE BUILDING.
THIS PARTICULAR SECTION IS ALONG OLD JUPITER BEACH ROAD SHOWING OUR 20 FOOT SETBACK.
THEN ONCE YOU GET ABOVE TWO STORIES THAT 35 FEET, YOU MUST START STEPPING BACK TO BUILDING AT A ONE-TO-ONE RATIO, WHICH BASICALLY IS A 45-DEGREE ANGLE.
SHOWING THERE GIVES THE BUILDING A WEDDING CAKE APPEARANCE.
THE BUILDING SHALL HAVE A COVERED FRONT ENTRANCE ON THE STREET WHERE THEY'RE LOCATED, TO HAVE A STOOP AND PORCH, ARCADES WITH WINDOWS, OUTDOOR SPACES, WHICH WE HAVE GONE TO GREAT LENGTHS TO DO AS WELL.
AGAIN, THE SPECIMEN TREES, THERE ARE TWO, WE'RE PRESERVING BOTH OF THOSE, AND SHALL ENGAGE THE WATERWAY IF DIRECT ACCESS IS AVAILABLE.
AT THE SAME TIME, WE'RE ALSO REQUESTING FOR THE FRONT SETBACK TO NOT BE OLD JUPITER BEACH ROAD, BUT TO BE A1A.
THE TOWN'S CODE HAS A DEFINITION, A LOT FRONTAGE, IT MEANS THE SHORTEST PROPERTY LINE ADJACENT TO A STREET, ALSO THE FRONT PROPERTY LINE.
WHILE DESIGNATING THE SHORTEST PROPERTY LINE ON THE STREET AS THE FRONT CREATES INCONSISTENCIES WITH THE ORIENTATION OF BUILDINGS AND STRUCTURES OR TRAFFIC VOLUMES ON THE STREET, THE DIRECTOR OF PLANNING AND ZONING OR HIS DESIGNEE MAY DESIGNATE ANOTHER FRONTAGE.
WE'RE REQUESTING THAT OUR FRONT SETBACK INSTEAD OF BEING OLD JUPITER BEACH ROAD BE A1A FOR VARIOUS REASONS.
AS THE ROA PROVIDES FOR ORIENTATION OF NEW BUILDINGS AND THEIR ENTRANCES, WINDOWS AND OUTDOOR SPACES SUCH THAT THESE FEATURES FRONT A1A.
IT ALSO STATES THAT NEWER REDEVELOP BUILDINGS SHALL BE DESIGNED SUCH THAT THE BUILDINGS SHALL PROVIDE A FRONT ENTRANCE ON THE STREET UPON WHICH THE BUILDING IS LOCATED.
DURING OUR MEETINGS WITH THE RESIDENTS, THEY SPECIFICALLY REQUESTED THAT OLD JUPITER BEACH ROAD NOT BE THE FRONT AND NOT BE ORIENTED TOWARDS THEIR ROAD TOWARDS A1A.
ROA ALLOWS FRONT OR STREET SETBACKS A MINIMUM OF 20 FEET AND THE REAR BEING 30 FEET AND THE SIDE OF 10.
IF WE DID THE FRONT SETBACK ON A1A, THAT WOULD PROVIDE OUR REAR SETBACK 30 FEET, A BUDDING THE RESIDENTIAL TO THE EAST, WHICH WOULD MAKE WAY MORE SENSE AND BUFFERING THE RESIDENTIAL.
IT ALSO STATES THE PROPERTY IS LONG A1A WITH DIRECT ACCESS TO THE JUPITER RIVER OR OTHER WATERWAYS SHALL BE REDEVELOPED SUCH THAT THEY ENGAGE THE WATER AND THE PROPERTY WOULD ALSO HAVE AN A1A ADDRESS.
THESE ARE JUST SOME 3D RENDERINGS OF THE ARCHITECTURE,
[01:20:01]
BOTH OF THESE VIEWS ARE FROM A1A.YOU CAN SEE THE AMOUNT OF ARTICULATION AND THE MOVEMENT AND THE BUILDINGS.
WE'VE GONE, THE ARCHITECTS, THE BOARD WHO'S HERE TONIGHT HAS GONE TO GREAT LENGTHS TO MAKE THIS BUILDING, I THINK, IS A BEAUTIFUL BUILDING.
THE ARCHITECTURAL STYLE WAS DEVELOPED AS A SYNTHESIS OF THE VERNACULAR TRADITIONS, LOCAL HISTORY, AND THE SPIRIT OF FLAGLER INFLUENCE.
WE HAVE COVERED ARCADES, TERRACES IS AT THREE LEVELS OF ENCLOSED PARKING.
THE BUILDING HAS A LIGHT, AIRY RESIDENTIAL FIELD, GIVEN THE LIGHT COLORS, LOTS OF WINDOWS, OPENINGS AND VARIED WINDOW TREATMENTS AROUND THE BUILDING ITSELF ON ALL FOUR SIDES.
THE ABUNDANCE OF ARTICULATION, RELIEF AND STEP BACK GREATLY REDUCES THE BULK AND MASS OF THE BUILDING, MAKING IT CONTEXTUALLY COMPATIBLE WITH THE SURROUNDING AREA.
THESE ARE JUST SOME MORE 3DS OF THE BUILDING.
THE TOP ONE IS FROM ALTERNATE A1A.
THIS IS THE EAST, THE BOTTOM ONE IS FACING EAST.
THIS IS A SHOT OF THE BUILDING FROM THE SOUTHWEST CORNER AND THIS WOULD BE THE RELOCATED FICUS TREE AT THAT CORNER.
YOU CAN SEE THE MEANDERING SIDEWALK AGAIN AND LOTS OF LANDSCAPING AS WELL.
THIS IS A 3D OF THE WATERWAY CAFE FROM THE MARINA.
YOU CAN SEE THE OUTDOOR SEATING, THE TERRACE, IT WOULD BE SITTING UP APPROXIMATELY FIVE FEET ABOVE MARINA, AND THE RELOCATED LIVE OAK WILL BE JUST OFF TO THE LEFT.
AS FAR AS COMPATIBILITY GOES, BECAUSE THAT IS ONE OF THE MAIN CONCERNS WITH STAFF.
THE C2 ZONING DISTRICT DOES ALLOW FOR 60 FOOT BUILDING HEIGHT WHEN PARKING IS PROVIDED FOR UNDER THE BUILDING.
THE ALTERNATE A1A RIGHT AWAY, THAT CONSISTS OF ONLY CURRENTLY ONE AND TWO-STOREY BUILDINGS, SPECIFICALLY ALLOWS AND PROMOTES BUILDING HEIGHTS OVER TWO STORIES OF 35 FEET THROUGH THAT ONE-TO-ONE BUILDING STEP BACK DESIGN, WHICH I JUST SHOWED YOU.
THIS BUILDING DOES PROVIDE ONE-TO-ONE STEP BACKS ON BOTH ALTERNATE A1A AND OLD JUPITER BEACH ROAD.
THE BUILDING PROVIDES A LOT OF ARCHITECTURE RELIEF, COVERED ARCADES AND TERRACES, A LOT OF WINDOW GLAZING, ARCHITECTURAL TREATMENTS AND DETAILS TO BREAK UP THE FACADE ON ALL FOUR SIDES.
WINDOW TREATMENTS AND ARCHITECTURAL DETAILS COMPLETELY SCREEN ALL THREE LEVELS OF THE PARKING GARAGE.
YOU CAN'T SEE THE PARKING GARAGE AT ALL FROM ANY OF THE SIGNS.
ALSO, THE VIEW YOU'RE LOOKING AT HERE IS FROM ALTERNATE A1A.
THE HEIGHT OF THE GROUND FLOOR COMMERCIAL LINER, WHICH YOU SEE HERE ON THE BOTTOM ALSO GIVES THE APPEARANCE OF A FOUR-STORY BUILDING FROM A1A AS RETAIL SPACES ARE TYPICALLY A LITTLE HIGHER.
BASICALLY, WHEN YOU LOOK AT IT ONLY LOOKS LIKE FOR STORIES FROM A1A.
SOMETHING ELSE WE'D JUST LIKE TO BRING UP, IN THIS ROA, THERE'S 23 SEPARATE PARCELS AND FOR THE MOST PART, THOSE PARCELS AVERAGE 0.57 ACRES IN SIZE, WHICH WOULD BE ONE OF THE REASONS WHY A LOT OF THE BUILDINGS HERE ARE ALL ONE STORY.
THERE'S ONLY A COUPLE OF TWO-STOREY BUILDINGS ON THAT STRETCH.
OUR SUBJECT SITE BEING THREE ACRES IS AN OUTLIER IN ALL OF THOSE SMALLER PARCELS.
THE ROA WAS WRITTEN AND ADOPTED IN 2010.
AGAIN, WHEN IT WAS WRITTEN, THERE WAS ONLY 1 AND 2 STORY BUILDINGS THERE THAT KNOWINGLY KNOWINGLY EXISTED WITH THIS SECTION OF A MAJOR SIX LANE DIVIDED HIGHWAY AND COMMERCIAL CORRIDOR.
THE STEP BACK PROVISION WAS PROVIDED FOR AND EXIST TO SPECIFICALLY ALLOW FOR CODE PERMITTED BUILDING HEIGHTS TO OCCUR WHILE REDUCING THE PRECEDE BULK, MASS AND HEIGHT OF FUTURE BUILDINGS WITHIN THE ROA, PROVIDING INCENTIVES FOR REDEVELOPMENT THROUGH THAT ONE-TO-ONE STEP BACK.
THIS DOES THEN ALLOW FOR VERY BUILDING HEIGHTS TO COEXIST.
AGAIN, THIS JUST SHOWS THE STEP BACK.
WHAT THE STEP BACK DOES PROVIDE FOR HERE ON TOP, OLD JUPITER BEACH ROAD, THE FIRST TWO FLOORS BEING 20 FOOT SETBACK.
WHEN YOU GET TO THE TOP, WE HAVE A 67 FOOT SETBACK.
SIMILAR TO ON A1A, WE HAVE 55 FOOT SETBACK.
BY TIME YOU GET TO THE FIFTH FLOOR, YOU'RE 97 FOOT STEP BACK.
IT MAKES A BIG DIFFERENCE IN REDUCING THE BULK AND MASS OF THAT BUILDING.
I'M GOING TO SKIP THROUGH, I THINK A LOT OF THE PROJECT BENEFITS, BUT WE ARE UNDERLINING OVERHEAD WIRES ALONG OLD JUPITER BEACH ROAD.
WE'RE DOING A LOT OF HISTORICAL MONUMENTS, SIGNAGE, A LOT OF IMPROVEMENTS TO THE MARINA ITSELF, ENVIRONMENTAL IMPROVEMENTS AS WELL.
PROPERTY OWNER OUTREACH, WE DID MEET WITH PROPERTY OWNERS FOR TWO SEPARATE MEETINGS ON THE PROPERTY OWNERS.
ALL THE PROPERTY OWNERS ON OLD JUPITER BEACH ROAD AND EGON FOSTER CARE WERE NOTIFIED.
WE HAD ABOUT 15 PROPERTY OWNERS ATTEND THOSE MEETINGS.
SOME OF THE STAFF REPORT ISSUES, I'M JUST GOING TO QUICKLY GO THROUGH THESE BUILDING MASS, HEIGHT, AND THE SCALE IS NOT COMPATIBLE.
I GUESS WE'VE MADE THOSE POINTS.
THE APPLICATION IS NOT IN CONFORMANCE WITH GENERAL PLANNING PRINCIPLES.
IT DOES CONFORM TO THE GENERAL PLANNING PRINCIPLES WHEREBY ESTABLISHING, PRESERVING, AND ENHANCING THE HISTORICAL COMMERCIAL CHARACTER OF THIS AREA.
STAFF HAS SAID THAT THE MARINA WILL IMPACT THE CHARACTER OF THE CANAL, TRAFFIC AND PARKING DUE TO INCREASE INTENSITY OF THE MARINA DUE TO 70 FOOT MOTOR YACHTS.
[01:25:01]
THE MARINA IS NOT GOING TO HANDLE 50 OR 70 FOOT MOTOR YACHTS.THE MARINA WAS DESIGNED WITH 17 FOOT SLIPS, AND THE DESIGNER, THE MARINE HIGH SUMMING OR ASSOCIATES WHO DID IT, BASICALLY SAID THE SLIPS ARE 17 FEET WIDE WITH A 17 PLUS SLIP.
IT'S ESSENTIALLY MADE FOR 35-40 FOOT BOAT.
A 30 FOOT BOATS NOT GOING TO BE ABLE TO TURN AROUND IN THAT CANAL.
THE DEPTH IS NOT GOING TO BE THERE OTHER THAN MEAN HIGH WATER, SO IT DEFINITELY IS NOT GOING TO ACCOMMODATE BOATS OF THAT SIZE.
AS I MENTIONED, WE'VE BEEN WORKING WITH STAFF ON ENVIRONMENTAL CONCERNS FOR THE MARINA.
I THINK WE DEFINITELY CAN RESOLVE ALL OF THAT.
TRAFFIC CONCERNS, THE APPLICATION IS IN CONFORMANCE WITH THE TOWNS AND COUNTY'S TRAFFIC PERFORMANCE STANDARDS.
NO OFFSITE MITIGATION IMPROVEMENTS ARE WARRANTED AT THIS TIME.
IN ADDITION, THERE'S NOT GOING TO BE LARGE BOATS THERE THAT IS GOING TO BE INCREASING OR GENERATING ADDITIONAL TRIPS TO THIS AREA.
STAFF REPORT ISSUES, I'M JUST ZIPPING THROUGH THESE.
ON LANDSCAPING IT SAYS IT RELATES TO MITIGATION FOR DEAD TREES AND MEDIAN.
WE'VE MITIGATED EVERY TREE ON THE SITE AND IT'S GOING TO BE MITIGATED ONSITE.
WE HAVEN'T BEEN ASKED TO THE MEDIA LANDSCAPING FEES, BUT OBVIOUSLY THERE'S WHAT WE PAID.
THE OUTDOOR SEATING, WE'VE WORKED WITH STAFF.
I THOUGHT ALL THE UNWARRANTED OR UNWANTED EXPANSIONS HAD BEEN RESOLVED.
WORKFORCE HOUSING LINKAGE FEE WOULD BE PAID UPON REQUEST.
ACCESSORY RESIDENTIAL, THEY MENTIONED SOMETHING ABOUT LOOKING FOR ADDITIONAL DETAIL.
THOSE THREE UNITS WILL BE OWNED BY INDEX AND THEY'LL BE USED FOR BUSINESS GUESTS OR RENTED OUT TO STAFF MORE THAN LIKELY.
IN CONCLUSION, I GOT ABOUT 30 SECONDS.
[LAUGHTER] THE MARINA IMPROVEMENTS HAVE CURRENTLY ALL BEEN PERMITTED BY SOUTH FLORIDA WATER MANAGEMENT AND ARMY CORPS OF ENGINEERS.
THERE'S BEEN NO ENVIRONMENTAL CONCERNS FROM SOUTH FLORIDA DURING THE PERMITTING OR THOSE WOULD DEFINITELY HAVE COME UP.
WE PROVIDE NUMEROUS ENVIRONMENTAL ENHANCEMENTS WITH THIS MARINA CLEAN UP.
IT BENEFITS BOTH THE MARINE AND WILDLIFE HABITATS.
WE DID REMOVE A HEAVILY BLINDED AND DRUG INFECTED AND DERELICT PROPERTY AND I THINK THIS WILL BE A GREAT REDEVELOPMENT FOR THIS AREA.
SORRY, I HAD TO FLY THROUGH THERE.
IF YOU NEED ANY MORE DETAIL, I'LL BE HAPPY TO ANSWER THAT. THANK YOU VERY MUCH.
>> THANK YOU. I KNOW THERE'S RESIDENTS HERE WHO WANT TO SPEAK.
WE'LL HEAR FROM THE STAFF, WE'LL HAVE SOME QUESTIONS AND THEN WE'LL ALLOW YOU YOUR TIME.
>> AND IF ANYONE WISHES TO SPEAK THAT DIDN'T FILL OUR GREEN CARD, PLEASE MAKE SURE YOU DO BEFORE.
>> FOR THE RECORD, STEPHEN MAYOR, I HAVE BEEN SWORN IN.
SORRY. THIS ITEM IS A SPECIAL EXCEPTION FOR THE MARINA AND A SITE PLAN APPLICATION FOR THE FIVE-STORY BUILDING, WHICH IS INCLUDING A THREE STORIES OF UNDER BUILDING PARKING, A RESTAURANT THAT IS ONE IN TWO STORIES WITH OUTDOOR SEATING, AND AS WELL A THREE UNITS.
THE STAFF PRESENTATION DOES NOT INCLUDE CONDITIONS OF APPROVAL BECAUSE THE APPLICATION WAS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN AND DOES NOT COMPLY WITH NUMEROUS PROVISIONS OF TOWN'S LAND DEVELOPMENT REGULATIONS AND ALSO STRATEGIC INITIATIVES AND POLICY DECISIONS THAT ARE ONGOING AND THEY ARE SET FORTH IN FOUR CATEGORIES THAT WE OUTLINED.
ONE OF THEM BEING THE CENTER STREET, NORTH ALTERNATE A1A AND REDEVELOPMENT OVERLAY AREA AND ALSO WITH THE ARCHITECTURAL APPEARANCE GUIDELINES AND ENCODE THAT WE HAVE CONCERNS WITH MASS AND HEIGHT.
TWO, THE SECOND ISSUE IS REGARDING THE SPECIAL EXCEPTION, PARTICULARLY THE MARINA AND THE ENVIRONMENTAL CONCERNS THAT WE HAVE.
I KNOW THAT THE APPLICANT AND I HAVE BEEN WORKING ON IT SINCE THIS STAFF REPORT HAS COME OUT AND THERE ARE SOME WAYS THAT WE CAN MAKE THAT BETTER TOGETHER.
BUT THERE WERE CONCERNS REGARDING THE SPECIAL EXCEPTION MARINA USE AND IMPACTS ONTO THE WATERWAY.
THIRD CONCERN WAS TRAFFIC, AND FOURTH, THERE WERE SOME MINOR OTHER ISSUES REGARDING LANDSCAPING AS WELL AS PARKING, WHICH I'LL GET TO.
[01:30:01]
NOW, I WILL SAY THAT SHOULD THERE BE A RECOMMENDATION IN REGARDS TO THIS APPLICATION THAT STAFF WOULD BE PREPARED TO CREATE ADDITIONAL CONDITIONS FOR SOME OF THE OTHER MINOR ISSUES THAT WE DIDN'T REALLY MAKE CONDITIONS FOR, AND SO WE WOULD HAVE TO DO THAT IN FOR CONSIDERATION IN A FUTURE MEETING.NOW, GETTING TO THE FIRST ISSUE WHICH IS THE HEIGHT AND MASSING.
THIS IS A LARGE FIVE-STORY BUILDING WITH THE BUILDING MASS AND SCALE NOT COMPATIBLE WITH THE SURROUNDING BUILDINGS IN THE AREA.
COMPREHENSIVE PLAN, FUTURE LAND USE OBJECTIVE 1.2 RELATES TO LAND-USE COMPATIBILITY AND REFERENCES THE PROMOTION AND INTENSITIES AND DENSITIES OF LAND USE ACTIVITIES AND THEIR RELATIONSHIP TO THE SURROUNDING PROPERTIES.
ALSO IN SECTION 27 2004 AND 27 2006, THE ARCHITECTURAL AND COMMUNITY APPEARANCE GUIDELINES AND STANDARDS OF OUR TOWN CODE, THEY ALL REFER TO WHETHER THE PROPOSED HEIGHT AND MASSING OF AN APPLICATION IS IN HARMONY WITH EXISTING OR PROPOSED DEVELOPMENTS OF THE GENERAL AREA.
THE PROPOSED FIVE-STORY BUILDING IS 58 FEET IN HEIGHT WITH A MAXIMUM OF 66 FEET 8 INCHES TO THE TOP OF AN ELEVATOR SHAFT.
THE BUILDING IS 220 FEET WIDE, A FOOTPRINT OF 32,000 SQUARE FEET.
THIS IS ON A PROPERTY THAT'S A LITTLE OVER TWO ACRES.
THE PROPOSED BUILDING IS TALLER THAN THE SURROUNDING ONE AND TWO-STORY COMMERCIAL BUILDINGS THAT ARE LOCATED ALL ALONG ALTERNATE A1A.
NOT ONLY JUST ADJACENT TO THE SITE, BUT WITHIN THIS ENTIRE SEGMENT OF THE ROAD.
NOW, THE NEWEST BUILDING IN THE AREA IS A CENTERED PARK STORAGE, WHICH IS A THREE-STORY, 36 FEET BUILDING WITH A TOWER ELEMENT THAT'S 52 FEET.
THIS WILL BE LARGER THAN THAT.
THIS STORAGE BUILDING WAS CONSTRUCTED IN 2018, BUT IT IS SET BACK AND IT ALSO HAS A LOWER SCALE OF BUILDINGS THAT ARE FRONTING IT BETWEEN THAT AND CENTER STREET AND OLD DIXIE, MAKING IT A LITTLE MORE HIDDEN, BUT IT'S ALSO STILL CONSIDERABLY SMALLER AT THREE STORIES.
IT SHOULD BE NOTED THAT STAFF DID CONSISTENTLY REQUEST THAT THE APPLICANT LOWER THE HEIGHT AND REDUCE THE MASSING OF THE BUILDING BY REDUCING EITHER THE INTENSITY OF USES OR THE NUMBER OF STORIES, CONSIDERING THE THREE STORIES OF PARKING GARAGE.
AND BY REDUCING THAT OVERALL HEIGHT, THEY WOULD COME MORE IN COMPLIANCE WITH WHAT IS COMPATIBLE WITH THIS AREA.
AGAIN, I COULD SHOW YOU PICTURES, BUT I'M SURE YOU'VE SEEN ALTERNATE A1A AND AND YOU KNOW THAT THERE'S ONE STORY BUILDINGS ADJACENT TO THE PROPERTY.
THE ENTERPRISE ITSELF IS A ONE STORY BUILDING AND THERE'S THE STORE TO THE NORTH THAT'S ONLY A ONE STORY BUILDING AND YOU HAVE ONE STORY RESIDENTIAL BUILDINGS TO THE EAST.
THE ONE STORY LINER THAT WAS ADDED TO AN ATTEMPT TO MEET THE ROA REQUIREMENT, WELL, SOMETHING THAT WE WORKED WITH THE APPLICANT AND IT DOES PROVIDE THAT BLOCKING UP OF THE HEIGHT, BUT WE WERE ANTICIPATING THAT SOME OF THE USES THAT WOULD BE TAKEN FROM THE TOP OF THE BUILDING AND PLACED ONTO THAT LINER.
BUT THE HEIGHT NEVER DID CHANGE AND IT WAS JUST THE LINER THAT WAS ADDED AND THE HEIGHT WAS NEVER REDUCED.
WE DO RECOMMEND THAT THE LINER BE USED TO HIDE THAT GARAGE USE SO THAT THAT GARAGE ISN'T THE FIRST THING YOU SEE WHEN YOU GO DOWN ALTERNATE A1A.
BUT WE ALSO LIKE TO SEE THAT LINER WRAPPED AROUND TO COVER THE OTHER SIDE OF THE BUILDING, THE SOUTH SIDE OF THE BUILDING AS WELL.
WE FEEL LIKE THERE COULD BE A REDUCTION OF THE ENTIRE HEIGHT OF THE BUILDING IF THAT LINER IS USED MORE APPROPRIATELY AND THAT IS THE PRIMARY CONCERN, NUMBER 1, REGARDING HEIGHT AND MASSING.
AND AGAIN, THIS IS NOT ONLY THE THE ROA THAT WE'RE TALKING ABOUT, WHICH THE ROA SPECIFICALLY MENTIONS, AND IF I CAN GET INTO THAT, SECTION 27, 1759, IN ADDITION TO OUR COMP PLAN IN
[01:35:01]
THE ARCHITECTURAL STANDARDS OF THE CODE AND UNDER GENERAL PLANNING PRINCIPLES, THE FIRST PRINCIPLE DESCRIBED IS THAT THE DESIGN AND ARCHITECTURE SHALL BE CONSISTENT WITH AND SHALL PRESERVE AND ENHANCE THE HISTORICAL COMMERCIAL CHARACTER OF THE AREA OF THE TOWN.THE HISTORICAL COMMERCIAL CHARACTER IS 1-2 STORIES AND THAT'S WHAT THE ROA INTENT IS TO PRESERVE.
THE PROPOSED BUILDING HAS A HEIGHT MASSING THAT IS NOT INDICATIVE OF THE HEIGHT MASSING OF EXISTING OR HISTORICAL COMMERCIAL CHARACTER AND IN THE STATEMENT OF USE, THE APPLICANT DOES STATE THAT, WHILE THEY ARE TECHNICALLY NO HISTORICAL STRUCTURES WITHIN A HALF A MILE OF THE SITE, THE PROPOSED ARCHITECTURE SEEKS TO TAKE ELEMENTS FROM NEARBY CENTER STREET NEIGHBORHOOD.
HOWEVER, THEY PROVIDE NO JUSTIFICATION FOR FIVE STORIES, WHICH IS NOT WITHIN THE NEIGHBORHOOD.
SO IF THEY'RE GOING TO, SAY THAT THEY'RE TAKING ELEMENTS, THEN THE ELEMENT THAT THEY SHOULD ALSO TAKE IS A LITTLE BIT OF REDUCTION IN HEIGHT.
IN GENERAL, THE APPLICANT'S STATEMENT OF USE RESPONSES INDICATE THEIR BELIEF THAT ALTHOUGH THE PROPOSED ARCHITECTURE DOES NOT MATCH HISTORIC SCALE OR THE ARCHITECTURE OF THE EXISTING AREA, THAT IT DOES SET A STANDARD FOR FUTURE REDEVELOPMENT IN THE AREA.
THE ROA LANGUAGE CLEARLY SPECIFIES HISTORIC COMMERCIAL CHARACTER AS A DEFINING CHARACTERISTIC AND THERE IS A POSSIBILITY THAT IF THIS IS APPROVED, THAT THERE COULD BE OTHER BUILDINGS THIS TALL WITHIN THERE, USING THE ROA STANDARDS AGAINST THE TOWN IN TERMS OF ALLOWING FIVE-STORY BUILDINGS THROUGH THE CORRIDOR.
THE APPLICATION DOES NOT TAKE INTO CONSIDERATION ALL OF THOSE DEVELOPMENT GUIDELINES THAT ARE DESIGNED TO PROTECT AND ENHANCE THE UNIQUE CHARACTER OF THIS DISTRICT.
STAFF NOTES THAT IN TERMS OF THE APPLICANT'S REQUEST TO CONSIDER THE FRONT PROPERTY LINE, WE DO NOTE THAT THERE IS COMPATIBILITY IN DESIGN IN ORIENTATING THE FRONT OF THIS BUILDING ALONG ALTERNATE A1A.
DUNE DOGS HAS A FRONT SETBACK OF 29 FEET, WHICH WAS APPROVED BY A VARIANCE.
ENTERPRISE HAS 55 FEET SETBACK AS WELL, AND ALL OF THOSE ARE FRONTING A1A.
SO ORIENTATING THE FRONT SETBACK TO ALTERNATE A1A IS A REASONABLE REQUEST.
MOVING ONTO THE SPECIAL EXCEPTION, THE MARINE USE AND THE ENVIRONMENTAL PROTECTIONS ARE SOMETHING THAT WE'RE VERY CONCERNED ABOUT, AND IT IS A SPECIAL EXCEPTION CRITERIA THAT WE DO NOT BELIEVE THAT THE APPLICANT IS MEETING.
THE PROPOSED SPECIAL EXCEPTION USE SHALL BE COMPATIBLE TO SURROUNDING PROPERTY, SPECIFICALLY THE AMOUNT OF TRAFFIC AND OTHER RELEVANT FACTORS PECULIAR TO THE PROPOSED MARINE.
THE PROPOSED MARINE WILL BE DETRIMENTAL, IT WILL HAVE A DETRIMENTAL IMPACT ON SURROUNDING PROPERTIES BASED ON THE AMOUNT OF FLOW, THE LARGER VESSELS THAT WILL BE THERE.
THIS IS A MARINE THAT DID NOT HAVE VERY LARGE VESSELS.
YOU CAN SEE HOW IT WAS PARTIALLY OUT INTO THE INTO THE CANAL, AND THE APPLICANT IS REQUESTING LARGER SLIPS THAN WHAT IS CURRENTLY THERE.
LARGER SLIPS MEANS LARGER BOATS.
THAT'S WHAT WE WERE ANALYZING THERE, AND PART OF THAT WAS 16.5 FOOT WIDE BOAT SLIP.
THAT COULD POTENTIALLY HAVE A LARGE BOAT, A BOAT THAT'S OVER 50 FEET.
WE KNOW THOSE EXIST AT THAT TYPE OF BEAM.
[NOISE] NOT ONLY WOULD THERE BE ADDITIONAL FLOW OF TRAFFIC, BUT THERE'S ALSO A BOAT TRAFFIC, VESSEL TRAFFIC, BUT THERE'S ALSO VEHICLE TRAFFIC TO CONSIDER WITH THE SPECIAL EXCEPTION, AND THAT BEING THAT THESE LARGER BOATS WOULD HAVE SERVICES THAT YOU HAVE TO HAVE COME TO THE SITE THAT WOULDN'T NORMALLY BE THERE, AND IT WAS NOT ANALYZED IN THE TRAFFIC REPORT THAT THERE WOULD BE SPECIFIC SERVICES FOR THESE BOATS.
THAT ADDITIONAL TRAFFIC PARKING, ALSO BEING A SHARED PARKING CONSIDERATION THAT THEY'RE ASKING FOR, YOU HAVE ADDITIONAL PARKING CONCERNS BASED ON THIS SPECIAL EXCEPTION.
IN FINALITY, THE PROPOSED SPECIAL EXCEPTION WILL IMPACT THE CHARACTER OF THE CANAL AND THE MARINE ENVIRONMENT, THE TRAFFIC, AND THE PARKING DUE TO INCREASED INTENSITY OF THIS MARINE.
THE ENVIRONMENTAL CONCERNS, WE DID OUTLINE THOSE AS WELL.
[01:40:02]
THE EXPANDED MARINE SHOULD INCLUDE MORE MARINE RESTORATION RATHER THAN FURTHER DEGRADE THE MARINE ENVIRONMENT, AND WE DID NOT SEE ENOUGH EVIDENCED THAT THE APPLICATION WAS DOING SO.THERE WAS JUST A HARDENED SEAWALL, WITH LARGE BOATS THAT WE REQUIRE DRAGEN AND THE APPLICANT DID PROVIDE A MARINE STEWARDSHIP PLAN AFTER OUR REQUESTS, AND THAT IS A STEP IN THE RIGHT DIRECTION AS WELL AS THERE IS THE IDEA THAT THERE CAN BE AN INSTALLATION OF RIP RAP ALONG THE BULKHEAD WHICH IS REQUIRED.
THERE IS A TRANSITIONAL UPLAND EASEMENT THAT IS REQUIRED BASED ON DEVELOPMENT OF PROPOSED SITE ADJACENT TO EXISTING CANALS, AND WATERWAYS.
THAT 10 FOOT TRANSITIONAL BUFFER EASEMENT SHOULD BE LOCATED ALL ALONG THE SHORELINE.
IN SPITE OF NUMEROUS ATTEMPTS PER PREVIOUSLY TO DO SO, THE APPLICANT DOES NOT PROVIDE THAT, ADEQUATE BUFFER ZONE OF VEGETATION, AND RIP RAP ALONG THE SHORELINE.
THE APPLICANT DID NOT PROVIDE THAT NATURAL SHORELINE WITH THE MANGROVES IN ORDER TO PROMOTE A SHORELINE STABILIZATION, WHICH IS WHAT WE WANT TO SEE, AS WELL AS THE PROMOTION OF ADDITIONAL WALLET WATER QUALITY ISSUES FOR THE CANAL.
OUR THIRD CONCERN REGARDS TRAFFIC.
THE APPLICANT OBVIOUSLY SUBMITTED THE TRAFFIC STUDY DATED JUNE 20TH, 2022, AND IT DEMONSTRATES A TRAFFIC INCREASE OF 1,155 AVERAGE DAILY TRIPS, WITH 103 IN THE MORNING PEAK AND 121 DURING EVENING PEAK HOUR.
CONSIDERING THE DEVELOPMENT TRIPS AND THE PROJECTED TOTAL BUILD-OUT ON THE MAJOR THOROUGHFARES AND THE INTERSECTION THE PROPOSED APPLICATION, AS THE APPLICANT MENTIONED, IS FOUND TO BE IN COMPLIANCE WITH THE TOWNS AND THE COUNTIES TRAFFIC PERFORMANCE STANDARDS.
HOWEVER, THE RESIDENTS DID EXPRESS CONCERN IN THE PAST AND PAST APPLICATIONS THAT REGARDING A WEST TURN LANE MOVEMENT TO TRAVEL SOUTH ON ALTERNATIVE WHEN A FIRM OLD JUPITER BEACH ROAD, AND AS A RESULT OF THE APPLICANT WAS REQUESTED BY OUR TRAFFIC ENGINEER TO PROVIDE A COMPREHENSIVE INTERSECTION ANALYSIS OF THAT INTERSECTION.
IN THAT ANALYSIS IS SHOWN THAT THE PROJECTED MEASURES OF EFFECTIVENESS, THE MOTIONS THERE OF THAT TRAFFIC INTERSECTION, DOES ALIGN WITH THE RESIDENCES EXPERIENCES THAT THERE IS A CONSIDERABLE DELAY, ESPECIALLY DURING PM PEAK HOUR.
THIS DELAY IS EXPECTED TO SUBSTANTIALLY GET WORSE DUE TO THE INCLUSION OF NOT ONLY THE BACKGROUND TRAFFIC, BUT THIS PROJECT, TO THE POINT OF A LEVEL OF SERVICE FAILURE.
>> CHAIR STAFF WOULD REQUEST ADDITIONAL FIVE-MINUTES THE SAME AS THE APPLICANT OBTAINED.
>> I'LL WRAP UP. THERE ARE VERY FEW MITIGATION THAT ARE AVAILABLE TO US FOR ADDRESSING THE SAFETY CONCERNS AT THIS INTERSECTION.
STAFF NOTES THAT ADDITIONAL TRAFFIC FROM THE SPECIAL EXCEPTION, THE ENLARGED MARINE WOULD ALSO EXACERBATE THE PROBLEM, AND STAFF NOTES THAT BASED ON THE SITE PLAN, THERE MAY BE A LARGER DOCS WITH LARGER SERVICES NEEDED.
FINALLY, THERE'S A SHARED PARKING ANALYSIS THAT WAS INCLUDED AND IS PART OF THIS SITE PLAN APPLICATION AS IT RELATES TO ADDITIONAL PARKING FOR MARINE SERVICES, AS WELL AS THE DELIVERY AREA THAT WAS NOT PARKED FOR RESTAURANT.
STAFF FINDS THAT THERE'S SOME CONCERNS RAISED BY THE APPROPRIATENESS OF TO SUPPORT ANY SHARED PARKING REDUCTIONS IN WHICH THE APPLICANT HAS NOT ACCOUNTED FOR, BOTH THE DELIVERY SERVICE AREA AS WELL AS THE RING SERVICES.
I WOULD LIKE TO RESERVE THE REST OF THAT EXTRA TIME FOR ANY QUESTIONS. THANK YOU.
>> AGAIN, JUST TO THE PUBLIC, THANK YOU FOR YOUR PATIENTS.
WE'LL ASK QUESTIONS NOW AND THEN ONCE WE'RE DONE ASKING QUESTIONS, YOU-ALL WILL HAVE YOUR TIME TO SPEAK.
THANK YOU FOR YOUR PATIENTS AGAIN.
COMMISSIONER BLENN, ANY QUESTIONS.
>> I'M TRYING TO UNDERSTAND THIS MARINA, IS THIS STRICTLY SLIPS THAT ARE SOLD OR RENTED? THAT'S NOT PARKING THEN FOR THE RESTAURANT AT ALL? FELT PARKING?
[01:45:02]
>> THAT IS CORRECT. THERE WILL BE NO RESTAURANT PARKING, THEY'LL JUST BE RENTED OR LEASED OUT TO PRIVATE BOAT OWNERS.
>> THOSE BOATS CAN COME AND GO AT ANYTIME DAY OR NIGHT? THERE'S NO RESTRICTIONS THAT ARE THERE.
>> I THINK WE HAD A STATEMENT, WE HAD OURS.
I CAN'T REMEMBER WHAT THEY WERE.
WE HAD OURS IN THE STATEMENT SO THAT PEOPLE CAN'T BE VOTING IN AT 02:00 O'CLOCK IN THE MORNING.
THEY WOULD BE LIMITED. IT WOULD BE OURS.
>> THESE RESIDENTIAL AREA WAS EXACTLY WHERE AND ARE THOSE RENTAL PROPERTIES OR?
>> THE RESIDENT, YOU SAID THERE WOULD BE THREE RESIDENTS.
>> CURRENTLY, YOU'RE ALLOWED TO DO THREE ACCESSORY RESIDENTIAL UNITS.
THOSE WOULD BE ON THE TOP FLOOR, 1,000 SQUARE FOR MAXIMUM.
>> THEY'LL BE OWNED BY INDEX HERE, WHO OWNS THE PROPERTY OF ALL THE OFFICES.
THEY SAID THERE'LL BE PROBABLY BE JUST TO BE AVAILABLE FOR BUSINESS CLIENTS THROUGH IN FROM OUT OF TOWN OR RENTED TO THEIR EMPLOYEES.
>> FORGIVE ME BUT WHAT IS A COVERED ARCADE?
MOST RETAIL HAS A COVERED AREA IN FRONT OF IT.
THAT'LL BE AN ARCADE, A COVERED AREA FOR PEDESTRIANS TO WALK, COVERED WALKWAY.
>> THAT'S ALL I HAVE AT THIS TIME. THANK YOU.
>> WELL [LAUGHTER], I'M SURE YOU HAVE A COPY OF EVERYTHING THAT STAFF HAS PRESENTED AS ISSUES, CORRECT?
>> YES. THERE ARE NUMEROUS ISSUES.
>> THAT'S WHEN I KNOW THAT YOU TRIED TO MITIGATE IT [OVERLAPPING].
>> ON YOUR PROPOSAL THERE, BUT THERE ARE SOME SIGNIFICANT ISSUES STARTING OFF WITH NOT CONSISTENT WITH THE COMPREHENSIVE PLAN.
WITH BIG DEAL IN THE HYPE CONCERNS AND I DON'T SEE ANY PLAN THAT YOU HAVE TO TRY TO MEET WHAT THE STAFF WANTS AND REQUIRES FOR THIS AND SO MANY OTHER ITEMS.
>> WELL, THERE'S A LOT OF ITEMS AND I DON'T KNOW HOW WE'RE GOING TO WORK THROUGH ALL THOSE ISSUES WITH TRAFFIC, WITH MARINA, WHICH WE TOTALLY DISAGREE WITH BECAUSE THERE'S NOT GOING TO BE LARGE BOATS IN THE MARINA.
THAT'S NOT GOING TO HAPPEN, THERE'S NOT GOING TO BE LARGE SERVICE CREWS.
IT'S A ONE IN 10 BOAT OWNERS USE THEIR BOATS AT ANY ONE TIME.
IF WE HAVE 12 SLIPS ARE GOING TO HAVE ONE BOAT OWNER A DAY USING THAT MARINA.
THEN THE BUILDING HEIGHT, OF COURSE, OUR STANCES THAT THE ROA ALLOWS US TO SPECIFICALLY, I KNOW THERE'S ONE IN TWO-STOREY BUILDINGS, BUT IT WAS WRITTEN WHEN THERE'S ONE OR TWO STORY BUILDINGS THERE IT ALLOWS YOU TO GO OVER TWO STORIES AND 35 FEET TO DO THAT, YOU STEP IT BACK.
THE ROA SPECIFICALLY ALLOWS FOR THE ABILITY TO INCREASE IN HEIGHT WHEN IT KNOWING IT WAS WRITTEN WHEN THE ONLY ONE IN TWO-STOREY BUILDINGS WERE THERE.
OUR BELIEF IS THAT IT'S WRITTEN TO ENCOURAGE THE REDEVELOPMENT OF THAT ZONE AND TO ALLOW THE BUILDINGS TO GO UP.
WE'RE IN WITH THE STEPPING AND IT REDUCES THE MASS IN BULK OF THOSE BUILDINGS.
>> OF COURSE, YOU REALIZE OUR DETERMINATION IS BASED ON PRETTY MUCH WHAT THE STAFF SAYS.
ARE WE GOING TO LAP AROUND YOU OR THE STAFF AND WE HAVE TO GO WITH THE STAFF.
>> I KNOW THAT YOU HAD WHEN YOU PRESENT PRESENTATION, THERE WERE 15 ATTENDEES THAT CAME TO YOUR MEETINGS. IS THAT CORRECT?
>> DO WE HAVE ANY IDEA OF HOW MANY RESIDENTIAL HOMES ARE ON THE OLD JUPITER? THE ROAD THAT IS SURROUNDED BY THE PROPERTY.
>> SAY IT'S PROBABLY AROUND 40-50, MAYBE.
>> FORTY TO FIFTY, I HAVE A QUESTION.
CAN I HAVE A QUESTION TO STAFF TOO? WAS THERE A MEETING THAT WAS PROPOSED THAT WAS SUPPOSED TO BE IN DECEMBER? BUT WE'RE PRESENTING IT IN NOVEMBER? THERE WAS A LETTER THAT WAS WRITTEN THAT SOME OF THE NEIGHBORS.
>> THAT'S REFERRING TO PROJECTED CITY COUNCIL IF THIS WOULD GO FROM THIS MEETING TO THE NEXT CITY COUNCIL MEETING WOULD BE DECEMBER 19.
>> MY POINT IS VERY IMPORTANT IS THE RESIDENTS THAT LIVE AROUND THIS AREA.
THIS IS EVERYTHING THAT'S BEING PRESENTED IT'S THE OPPOSITE OF WHAT OUR COMPREHENSIVE PLAN IS AND I KNOW WE WANT TO TRY TO WORK THROUGH IT, BUT THE CHARACTER OF WHAT THAT AREA IS, WE WANT TO HAVE ENHANCEMENTS TO WHAT THE RESIDENTS OF THE COMMUNITY HAVE.
I'M JUST LOOKING AT JUST THE ATTACHMENT E WITH THE SIZE OF THE WIDTH OF THE CANAL AND THE LENGTH OF IT.
WE'RE TALKING ABOUT 40-FOOT BOATS AND IT'S GOING TO BE HARD TO KEEP THE BIGGER BOATS OUT.
THE ACCESS OF THESE DIFFERENT NEIGHBORS WITH ALL THE BOATS,
[01:50:02]
THE DOCKS THAT THEY HAVE AND THINGS OF THAT NATURE.I'M SORRY I KNOW THEY'RE SUPPOSED TO BE QUESTIONS.
WHAT IS THE SITE, THE SIZE, THE WIDTH OF THE CANAL? IT'S CONSIDERED A RESIDENTIAL PRIVATE CANAL.
>> IT'S A 60-FOOT CANAL RIGHT AWAY THERE'S DOWN IN THE MIDDLE.
I DON'T KNOW HOW WIDE IT ACTUALLY IS.
IT'S SLIGHTLY WIDER THAN THE RIGHT-OF-WAY.
BUT CURRENTLY, THOSE DOCKS ARE IN THAT RIGHT-OF-AWAY.
THERE ARE SOME DOCKS IN THEIR RIGHT-OF-WAY.
THAT WAS THE WHOLE POINT OF TRYING TO PULL THIS OUT TO GET SO IT'S IN CONFORMANCE.
>> IT WOULD BE IN CONFORMANCE TO A COMMERCIAL USE?
>> YES. THERE'S NOT GOING TO BE A COMMERCIAL FISHERMAN HERE EITHER.
>> BUT PLACE OF BUSINESS WOULD BE A COMMERCIAL BUSINESS?
>> DID YOU EVER CONSIDER A LOWER HEIGHT, WITH ALL THE INPUT, WAS THAT EVER A CONSIDERATION?
>> THE ARCHITECT IS HERE, STEVE BORROV, HE MIGHT BE ABLE TO ANSWER THAT MORE.
THEY HAVE DONE SO MANY, I THINK HE WORKED ON THAT BUILDING FOR PROBABLY THREE MONTHS, AT LEAST.
>> HI, GOOD EVENING, I'M STEVE BORROV.
WE LOOKED AT REDUCING THE SIZE OF THE BUILDING, THE HEIGHT OF THE BUILDING.
BUT IN ORDER TO GET THE SCORE FOOTAGE IS THAT WE NEEDED TO MEET THE PROGRAM REQUIREMENTS OF THE OWNER.
WE NEEDED THAT ADDITIONAL HEIGHT.
THE PARKING GARAGE TO THE AMOUNT OF SQUARE FOOTAGE THAT'S IN THE OFFICE BUILDINGS AND THE RESTAURANT, THAT DETERMINES HOW MANY PARKING SPACES WE NEED.
IN ORDER TO MEET THE PARKING REQUIREMENTS WE HAD TO GO THREE STORIES WITH THE PARKING GARAGE.
BUT IF YOU WANT TO MEET THE PARKING REQUIREMENTS AND THE BUILDING REQUIREMENTS FOR THE PROGRAM REQUIREMENTS ESTABLISHED BY THE OWNER, THIS IS WHAT IT TAKES.
>> THANKS, COMMISSIONER PENTEL.
>> LET ME START MY QUESTION FOR STAFF, WITH ALL THE CONCERNS THAT WERE RAISED IN YOUR PRESENTATION, WHY IS IT HERE? I'VE BEEN ON THE PLANNING AND ZONING BOARD FOR OVER THREE YEARS.
I'VE NEVER SEEN A PRESENTATION WHERE THERE'S BEEN SO MANY ISSUES RAISED BY STAFF.
I'M JUST CURIOUS WHY THIS HAS COME BEFORE US.
>> I MEAN, PRIMARILY WHEN WE RAISE QUESTIONS AND MAKE COMMENTS TO THE APPLICANT AND COME TO AN IMPASSE WITH THEM ADDRESSING THOSE.
THERE ARE ARGUMENTS OF INTERPRETATION THAT ARE APPROPRIATE FOR THE COMMISSION TO REVIEW AND MAKE RECOMMENDATIONS TO THE COUNCIL TO ULTIMATELY DECIDE.
>> ANY QUESTION FOR THE APPLICANT? NOW, IF WE WERE TO CONSIDER YOUR PROPOSAL, WHAT'S THE EMPLOYMENT IN THIS FACILITY THAT YOU HAVE THERE, HOW MANY?
>> THEY HAVE A VERY LARGE OFFICE.
THEIR OFFICES, US, WORLD HEADQUARTERS FOR INDEX.
>> I HEARD YOUR PRESENTATION, WHAT'S THE PROBLEM WITH WORKFORCE HOUSING? IF YOU WERE TO HAVE A VIEW TO BE THERE EMPLOYED, 120 PEOPLE EMPLOYED.
WHY DO YOU HAVE A PROBLEM WITH THE WORKFORCE? [OVERLAPPING]
>> WE HAVE NO PROBLEM WITH WORKFORCE HOUSING.
WE CAN ONLY DO THREE UNITS ON THE SITE.
THAT'S ALL WE'RE ALLOWED TO DO. I THINK COULD DO MORE.
>> WITH THE MARINE RESTORATION, I KNOW THAT STAFF THAT WAS CONCERNED ABOUT THE MARINE RESTORATION WATER QUALITY, IS THERE ANYTHING THAT THE APPLICANT IS PROPOSING TO ALLEVIATE THEIR STAFF'S CONCERNS?
>> WELL, WE DON'T BELIEVE THAT THIS IS A NEGATIVE.
I MEAN, IT'S A VERY POSITIVE FOR THIS DEAD-END CANAL.
WIDENING IT OUT HELPS THE FLUSHING.
HAVING THE TWO STORMWATER PIPES COMING IN, ASSIST WITH THE FLUSHING.
THE PROPERTY OWNER JUST ACROSS FROM US, THE VACANT COMMERCIAL LAND, HE JUST DREDGED OUTSIDE OF HIS DOCK AND HE SAID IT WAS ABOUT TWO FEET OF DEPTH.
THERE WAS A SUNKEN BOAT OR A LOT OF DEBRIS SO THEY'RE GOING TO CLEAN, THEY'RE GOING TO DRAG THIS OUT BECAUSE DOWN TO, I THINK FIVE OR TEN FEET.
THEY SAID IF YOU STOOD OUT THAT YOU WOULD JUST SINK INTO THE MUD.
LIKE I SAID, WE'VE BEEN TALKING TO STAFF ABOUT DOING THE UPLAND TRANSITIONAL PLANTINGS, DOING RIP RAP.
THE CODE REQUIRES, I THINK 50% UPLANDS AND 50% RIP RAP.
WE SAID WE WOULD DO 100% RIP RAP, 100% OF THE UPLAND TRANSITIONAL PLANTINGS.
WE'RE GOING TO DO THE CONCRETE PILINGS WHICH ALLOW FOR THE OYSTER BED GROWTHS.
[01:55:03]
WE'RE GOING TO DO INTERPRETIVE SIGNAGE TO HELP INFORM PEOPLE OF THE ENVIRONMENTAL BENEFITS.WE'RE GOING TO DO A LOT IN THIS.
WE DON'T SEE ANY NEGATIVE EFFECTS TO ANYTHING THEN WHAT THEY'RE DOING HERE FOR THE MARINA.
>> AS FAR AS THE FRONT SETBACKS, IF DOING DOCKS AND SOME OF THE OTHER BUSINESSES HAVE FUN SETBACKS, I KNOW YOU SAID IN YOUR PRESENTATION, A1A WASN'T THE MAIN ROAD, SO HE DIDN'T WANT TO HAVE THAT AS A FRONT SETBACK.
WHY DO YOU HAVE SUCH AN OBJECTION TO HAVING THOSE FRONTS SETBACKS?
>> NO, WE WANT TO THE FRONT SETBACK TO BE ALTERNATE A1A.
LIKE I MENTIONED, THAT THE CODE DEFINITION OF A FRONT SETBACK IS THE NARROWEST LOT WIDTH AND SO THAT WOULD ACTUALLY DEFINE OUR FRONT SETBACK IS ALL JUPITER BEACH ROAD.
BUT STAFF DOES HAVE THE ABILITY TO SHIFT THAT FRONT SETBACK FOR NUMEROUS, IF THERE'S A LOT OF REASONS FOR IT.
I THINK THEY'VE SAID THAT IT MAKES SENSE FOR THE FRONT SETBACK TO BE ORIENTED ONTO A1A.
>> I DON'T HAVE ANY OTHER QUESTIONS AT THIS TIME.
>> THANK YOU, COMMISSIONER. COMMISSIONER GUY SINGER?
>> I WILL STAND HERE. THE APPLICANT MAY KNOW THAT ONE BOAT OWNER USING THE BOAT SLIP PER DAY.
IS THEIR DATA SUPPORTS THIS OR JUST YOUR OPINION?
>> THERE IS DATA. WE DON'T NEED TO GET THAT. WE'VE HAD IT HEARD.
THE MARINE DESIGNERS HAD TOLD US THAT MY PARTNER GEORGE GENTEEL, WHO'S THE DIRECTOR OF THE MARINE INDUSTRY, HAS ALSO TOLD US THIS.
IF YOU ASK ANY BOAT OWNER OR HOW OFTEN THEY USE THEIR BOAT AND THEY'LL TELL YOU THIS.
BUT THERE ARE STANDARDS FOR THIS AND WE CAN GET THAT.
>> DOES THAT STANDARD ALSO SAY THE SIZE OF THE BOAT EXPECTED? YOU SAID ALL THREE, FIVE FOOT BUT YOU'RE MAKING AN ALLOCATE.
ACCOMMODATE UP TO 50-FOOT BOAT HERE WITH THE LARGER SLIPPED.
>> NO, I'D SHOW THE ICE MAKER WHO DID THE MARINA DESIGN.
THEY HAVE A RULE OF THUMB CHART, AND FOR THIS SLIP WIDTH OF 17 FEET, HAVE A RULE OF THUMB CHART BUT THAT WOULD BASICALLY EQUATE TO A 40-FOOT BOAT.
BECAUSE OF THE 17-FOOT SLIP, I KNOW STAFF HAD SAID WE HAD A 17-FOOT SLIP.
YOU'RE NOT GOING TO STUFF A BOAT IN THERE WITH THE 17-FOOT WIDTH. IT JUST CAN'T HAPPEN.
YOU'VE GOT DISTANCE ON EITHER SIDE FOR THE TIE DOWNS AND FOR YOUR BUOYS IS FOR YOUR BUMPERS AND THINGS.
THE DESIGNERS OF THIS HAD SAID IT'S BASICALLY DESIGNED FOR A MAXIMUM OF 40-FOOT BOAT.
I WOULD ANTICIPATE 30-40 FOOT BOATS IN HERE AND I'M SURE THE MARINA WILL BE LEASED OUT BY INDEX.
THEY COULD ALSO LIMIT THE NUMBER OR THE SIZE OF THE BOATS ARE PUT IN THERE.
THIS IS NOT FEASIBLE FOR A LARGER BOAT TO TURN TO NAVIGATE TO GO DOWN THAT CANAL.
>> I WOULD LIKE TO SEE THAT ASSESSMENT AS FAR AS THE BOAT TRAFFIC GOING IN AND OUT THERE AND UNDERSTAND WHETHER OR NOT THERE'S ANY CONCERNS WITH NO PASSAGE THROUGH THE RIGHT-OF-WAY WHICH APPEARS TO BE A RESIDENTIAL CANAL.
ANY ISSUES WITH SAFETY FOR BOTH SAFETY GOING THROUGH THERE.
>> THERE WAS A LOT OF COMMERCIAL FISHING BOATS THAT WERE USING THE MARINA, WHILE THAT WAS OPERATIONAL WITH AS BELLS MOBILE HOME PARK.
>> IS THAT INFORMATION AVAILABLE? WAS PREVIOUS USE OF IT, AND THE BOAT TRAFFIC GOING INTO OR OUT OF IT? I'M CONCERNED WITH A BRAND NEW MARINA OF THE RESTAURANT.
THERE'S GOING TO BE A LOT MORE USERS GOING BACK THEN AND WHAT THEIR PREVIOUSLY WAS.
>> WELL, AGAIN, THESE SLIPS AREN'T AVAILABLE FOR THE MARINA.
>> YOU CALL IT MARINA. [OVERLAPPING]
>> WELL, ANY OF THE CODE IS ANYTHING OVER TWO SLIPS IS CONSIDERED A MARINA, BECAUSE IT'LL BE PRIVATE DOCKS ESSENTIALLY.
>> THE STAFF MADE SOME RECOMMENDATIONS REGARDING UPLAND BUFFERED LIVING SHORELINE, RIP RAP DOSING, OR THE OWNER PREPARE TO MAKE ACCOMMODATIONS FOR THOSE REQUIREMENTS?
>> ABSOLUTELY. I KNOW THAT STAFF SAID THEY MADE NUMEROUS REQUESTS FOR THIS THING. WE DID NOT SEE THAT.
BUT YES, IN THE LAST COUPLE OF DAYS, WE'VE SENT SKETCHES BACK AND FORTH TO PROVIDE FOR TRANSITIONAL UPLANDS, FOR THE ENTIRE LENGTH OF THE OF THE UPLANDS TO PROVIDE RIP RAP THAT THE ENTIRE LENGTH OF THE BULKHEAD AS WELL.
>> REGARDING YOUR TWO PUBLIC OUTREACH MEETINGS, HOW WAS THAT CONVEYED TO THE PUBLIC?
>> THERE WERE LETTERS. DON HEARINGS OFFICE SENT THOSE.
THEY GOT ALL THE ADDRESSES THROUGH POP-UP AND SENT LETTERS TO EVERY SINGLE PROPERTY OWNER.
WHAT WE DID, THEY HAD TO MEETING DATES.
I GUESS WE THOUGHT WE'D HAVE A LOT MORE PEOPLE ATTEND.
I DON'T REMEMBER THE DATES, BUT WE HAD THE MEETINGS AND THEY WERE
[02:00:01]
HELD AT THE CHURCH ON CENTER STREET WHERE THEY HAD A NICE BIG AUDITORIUM.BUT EACH PROPERTY OWNER WAS NOTIFIED OF THE MEETING AND THE DATE.
ALSO WE HAD OLD JUPITER BEACH ROAD WAS ON ONE MONTH AND THEN WE HAD ALL THE RESIDENTS FROM EGAN FESCUE THE FOLLOWING MONTH.
>> WAS THAT ALL RESIDENTS ON OLD JUPITER BEACH ROAD OR IN THAT ALL RESIDENTS THAT FEED INTO IT?
>> NO, JUST THE OLD JUPITER BEACH PROPERTIES.
ANYTHING THAT FRONTED ON. [OVERLAPPING]
>> IF THAT'S 10 HOMES YOU DIDN'T EXCLUDED THE OTHER 30 OR 40 MIGHT BE BACK IN THERE THAT USES THAT FEEDER ROAD TO GET IN AND OUT.
>> I THINK IT WAS JUST FRONTING OLD JUPITER.
AM I MY CORRECT? I THINK IT WAS JUST FRONTING.
IF THEY FRONTED ON OLD JUPITER BEACH ROAD.
>> IS THAT THE SAME THING WITH THE FEC CANAL? YOU ONLY ADDRESS THOSE RESIDENTS THAT LIVE ALONG THE CANAL BETWEEN THAT.
>> ALL THE RESIDENTS ARE BUDDING ON EGAN FESCUE STREET.
>> EVEN THOSE TWO ROADS COULD BE IMPACTED BY THE ADDITIONAL TRAFFIC GETTING BACK ONTO ALTERNATE A1A?
>> I'D LIKE TO SEE MORE OF THE RESONANCE NARROW AREA BEING ASKED FOR THEIR INPUT ON THIS, OTHER THAN JUST THE FEW FOLKS ALONG EITHER JUPITER BEACH ROAD AND ALSO ALONG EGAN PHOSGENE ROAD.
>> YEAH, I DON'T HAVE THOSE NUMBERS.
>> BECAUSE ALL THOSE AREAS GOING TO BE IMPACTED BY ADDITIONAL TRAFFIC ALONG AN ALTERNATE A1A.
YOU'RE GOING TO PROVIDE THE INFORMATION ON THE BUFFER ZONE IN VEGETATION RIFFRAFF.
I AM CONCERNED ABOUT TRAFFIC ALREADY WITH OVER TO JUPITER BEACH ROAD BEING YOU CALL IT A LEVEL OF SERVICE F FOR FAILURE.
I ASSUME THAT APPLIES TO THE ROAD NORTH OF THAT ALSO ENDORSED THE CANAL WHICH IS AT EGAN PHOSGENE ROAD.
>> I DON'T BELIEVE WE HAVE THE INFORMATION ON EGAN PHOSGENE.
>> I THINK WE MIGHT WANT TO GET THAT BECAUSE THAT IS THE ONLY OTHER LEFT TURN LANE ONTO SOLVE ALTERNATE A1A OUT OF THAT WHOLE NEIGHBORHOOD UP JUST DOROTHY CANAL AND THEY'RE GOING TO BE IMPACTED.
BUT THIS ALREADY TOO, BY HAVING MORE TRAFFIC GOING NORTH OR SOUTH SO I THINK IT'S WORTH STUDYING THAT AND MAKE SURE WE UNDERSTAND THAT IMPACT ALSO.
>> LET'S SEE HERE, WE DO KNOW WE HAVE HAD SOME RESIDENTS FROM EGAN PHOSGENE, HAVE MENTIONED THAT.
>> TIME FOR QUESTIONS AND ANSWERS, NOT DIALOGUE.
>> MY QUESTION WAS, I DON'T THINK WE'VE ADDRESSED THAT ROADS, I'D LIKE TO SEE YOU TO DRESS FROM A LEVEL OF SERVICE.
I'D ALSO YOUR QUESTIONS RELATIVE TO EXPANDING THE IMPACT ASSESSMENT TO HAVE MORE RESIDENTS AND JUST A LONG BEACH ROAD.
BUT SINCE THERE'S SO MANY OTHER AREAS BEING IMPACTED, I THINK WE NEED TO LOOK AT THE ENTIRE COMMUNITY AROUND THIS DEVELOPMENT SO THAT'S ALL THE QUESTIONS FOR RIGHT NOW.
>> MAJORITY OF MY QUESTIONS WERE ALREADY BEEN ADDRESSED.
PARKING SPOTS FOR THE RESTAURANT. HOW MANY ARE THERE FOR THAT?
THERE'S THE PARKING IS ALL PLACED THROUGHOUT, SO I'M NOT SURE.
WE'VE GOT THE RESTAURANT, YOU'VE GOT THE OFFICE, AND YOU HAVE THE OUTDOOR SEATING.
WE GOT 30, 40, 48 SPOTS FOR EVERYTHING I THINK.
>> 48, 50 RESTAURANTS AT COURT AREA ON STRAIGHT CODE AND THE PARKING.
>> BECAUSE ME AND MY UNDERSTANDING WAS YOU SAID THERE'S GOING TO BE APPROXIMATELY 128 JOBS CREATED.
>> IS THAT CORRECT? OR EMPLOYEES?
>> IT WILL BE EMPLOYEES FOR THE OFFICE, RETAIL AND RESTAURANTS.
>> AND IN THE MEETING THAT WAS HELD WITH THE RESIDENTS OF THE NEIGHBORHOOD OR THE STREET, THERE WERE NO NEGATIVE COMMENTS.
>> NOT THEY CAME TO OUR MEETING.
THEY LOVED THE FACT THAT IT WAS BEING CLEANED UP.
NOBODY HAD ANY NEGATIVE COMMENTS.
>> THANK YOU. COMMISSIONER GELDNER.
>> THANK YOU. WHEN YOU WERE THE LAST PERSON TO ASK QUESTIONS, MOST OF THE GOOD ISSUES HAVE ALREADY BEEN COVERED, BUT I JUST HAD ONE QUICK QUESTION.
[02:05:02]
WITH RESPECT TO THE GIRTH AND SIZE OF THIS BUILDING.OBVIOUSLY, THERE'S NO COMPARABLE SUCH BUILDING ON JUPITER BEACH ROAD COMPARABLE TO THIS PROJECT IN TERMS OF ITS HEIGHT AND WIDTH, WOULD YOU AGREE THERE'S NO BUILDING?
>> WHAT WOULD YOU PUT A BEACH ROAD THERE'S ONLY BASICALLY TWO LOTS OF DEEP AND THERE.
>> THE ANSWER IS YES. YOU'RE NOT AWARE OF ANY F [OVERLAPPING]
>> NOT IN THIS ROA I DON'T KNOW WHAT THREE COLUMNS IS.
THREE POEMS. I DON'T KNOW HOW BIG THAT OFFICE BUILDING IS.
>> THREE POEMS IS THREE STORES.
>> I'M NOT SURE ABOUT ALL THE WAY UP AND DOWN THE STREET. WE HAVEN'T LOOKED.
>> THE TALLEST BUILDING ON ALTERNATE A1A.
>> I'M NOT SURE I CAN'T ANSWER YOU HONESTLY.
>> COMMISSIONER GEISINGER HAD A COUPLE OF QUESTIONS.
>> YEAH. JUST A FOLLOW-UP QUESTION.
WHAT WAS ASKED ON ONE THAT PREVIOUS PROJECTS.
OUTDOOR MUSIC IN THE RESTAURANT.
WELL, THERE'LL BE OUTDOOR MUSIC PLAYING IN THAT MARINA AREA OR THE RESTAURANT.
>> IN THE MARINA YEAH, I'M SURE THEY'LL HAVE SOME LOW MUSIC PLAYING, BUT AGAIN, THIS IS A VERY, IT'S A WATERWAY, IS A WATERFRONT CAFE.
I THINK THEY'RE TALKING ABOUT ONLY BEEN OPEN FOR BREAKFAST WHILE I'M TRYING NOW.
IT'S NOT GOING TO BE SQUARE GROUP OR ANYTHING CRAZY.
I'M SURE THEY'LL HAVE SOME VERY LIGHT MUSIC.
>> BECAUSE YOU UNDERSTAND OUR SENSITIVITY TO THEM.
>> YOU HAVE RESIDENTIAL NEARBY AND THEY'RE GOING TO BE VERY SENSITIVE TO THAT AND MATTER OF FACT, THE OWNERS ALL LIVE.
ONE OF THEM WAS RIGHT ACROSS FROM IT AND ONE LIVES DOWN THE STREET FROM US, SO THEY'RE ALL VERY SENSITIVE.
>> THANK YOU. I HAD MY LAST QUESTION IS FOR STAFF AND IT DEALS WITH THE FINDING HERE.
LAND-USE COMPATIBILITY WITH SURROUNDING AREAS.
IN THE STANDARD GUIDELINE THAT DEFINES HISTORIC COMMERCIAL CHARACTER OF AN AREA, MEAN BELLY, IS IT OBJECTIVE, SUBJECTIVE, OR VERY SPECIFIC AS FAR AS THE REQUIREMENTS?
>> I WOULD SAY THAT THERE'S SOMEWHAT SUBJECTIVE AS IT RELATES TO THE HISTORICAL CHARACTER, YES.
>> SO THERE'S SOME LEEWAY BETWEEN THE STAFF AND THE APPLICANT AS FAR AS WHAT IS AND WHAT IS NOT MEETING THE GUIDELINES RELATIVE TO HISTORICAL CHARACTERISTICS.
>> YES AND THAT WAS IMPORTANT MY RESPONSE INDIRECTLY TO COMMISSIONER PENTEL AS IT RELATES TO WHY THE APPLICATIONS HERE, BECAUSE SOME OF THOSE THINGS ARE SUBJECTIVE AND ARE NECESSARY FOR INTERPRETATION.
>> THANK YOU. NO FURTHER QUESTIONS.
>> JUST A COUPLE OF QUICK QUESTIONS SO FOR THE APPLICANT, I THINK I HEARD MR. BARRA, IF YOU SAID THAT THE PROGRAM REQUIREMENTS OF THE OWNER INCLUDE, I KNOW THEIR CORPORATE HEADQUARTERS IS GOING TO BE HERE.
>> WE PROVIDE ALMOST 30,000 SQUARE FEET ON THE UPPER LEVEL 4.
>> BUT 11,000 OF THAT IS FOR THEIR CORPORATE HEADQUARTERS.
>> THEN 19,000 FEET IS FOR THIRD-PARTY OUTSIDE REYNOLDS?
>> YOU HAVE PLENTY OF ROOM TO GROW OBVIOUSLY, IF INDEX NEEDS TO GROW AND DEVELOP.
THEN ALSO, I KNOW THERE'S A LOT OF QUESTIONS AROUND BOTH SIDES.
WOULD YOU CONSIDER LIMITING THE SIZE OF THE BOATS THAT YOU WOULD ALLOW TO DOCK AT THIS FACILITY?
>> THEN I HAD A COUPLE OF QUESTIONS FOR STAFF.
AROUND THE APPROVALS ON THE MARINA.
I HEARD CORPS OF ENGINEERS MENTIONED AS FAR AS THE APPLICANT CLAIM THAT THEY GOT APPROVALS FROM THE CORPS OF ENGINEERS.
I'M ASSUMING OUR TOWN JUPITER'S STANDARDS [NOISE] FOR MARINE CONSTRUCTION LIKE THIS ARE MUCH MORE STRINGENT THAN THE CORPS OF ENGINEERS OR DO WE HAVE A LOT MORE JURISDICTION [NOISE] AROUND SPECIFICS?
>> YEAH. OURS CAN BE MORE STRICT IN THE CASE OF MARINAS, THEY'RE DETERMINED ON A CASE-BY-CASE BASIS THROUGH THE SPECIAL EXCEPTION PROCESS, AND SO WE DON'T HAVE OTHER THAN THE GUIDELINES THAT ARE ESTABLISHED IN THE POLICIES AND THE CONFERENCE OF PLAN AS IT RELATES TO THINGS LIKE THE TRANSITIONAL BUFFERS AND SHORELINE PROTECTION AND THINGS LIKE THAT.
THE ACTUAL CONFIGURATION OF THE MARINA WITH THE WALKWAYS AND THINGS LIKE THAT ARE DETERMINED THROUGH THIS PROCESS.
>> THERE'S A 14 SLIP MARINA THERE NOW.
THEY'RE ACTUALLY GOING DOWN THE NUMBER, BUT OBVIOUSLY WHAT'S THERE NOW IS DORMANT.
THE CONVERSATION IS NOT NECESSARILY AROUND THE USE,
[02:10:01]
IT'S AROUND THE ACTIVITY.>> AND THE CHANGE IN CONFIGURATION, THE DREDGING.
>> BECAUSE SOMEBODY COULD GO IN THERE NOW AND PARK A BUNCH OF BOATS.
I GUESS IF THERE'S NOT NECESSARILY ENOUGH DRAFT FOR PROBABLY BOATS, BUT I'M JUST ASKING ABOUT IF IT'S A CHANGE IN USE OR CHANGE IN ACTIVITY. DOES IT MAKE SENSE?
>> IT'S A CHANGE IN THE CONFIGURATION AND CAPACITY OF THE USE AND THE IMPACTS THAT ARE ASSOCIATED WITH THOSE CHANGES.
>> THAT MAKES SENSE. THANK YOU.
I THINK THAT WE'RE NOW GOING TO SWITCH OVER TO THE PUBLIC COMMENT.
BURNISHER, IF YOU WANTED TO GUIDE US THROUGH THAT.
>> YES. I HAVE A TOTAL OF SEVEN COMMENT CARDS, FOUR OF WHICH WOULD LIKE TO SPEAK AND THREE OF THEM WOULD NOT LIKE TO SPEAK.
THE FIRST COMMENT CARD IS FROM MR. BOB GRABOWSKI.
I ALSO WANT TO CIRCULATE HIS BECAUSE HE HAS COMMENTS ON THE BOTTOM.
MR. GRABOWSKI, IF YOU CAN COME TO THE PODIUM, STATE YOUR NAME AND ADDRESS FOR THE RECORD.
YOU HAVE THREE MINUTES TO SPEAK.
>> YES. GOOD EVENING. I'M BOB GRABOWSKI.
THAT'S IN THE YACHT CLUB STATES NEIGHBORHOOD, JUST ACROSS THE WATERWAY THERE FROM THE PROPOSED SITE DEVELOPMENT.
I WANT TO THANK THE COMMISSIONERS FOR ALLOWING ME TO SPEAK.
REAL QUICKLY, I'VE RESIDE IN THE NEIGHBORHOOD FOR ABOUT 20 SOME ODD YEARS, RESIDED IN NORTHERN PALM BEACH COUNTY FOR ABOUT 35 YEARS, RESIDED IN FLORIDA FOR ALMOST 60 YEARS.
WHERE I'M GOING WITH THIS IS I'VE SEEN A LOT OF CHANGE.
I'VE SEEN THIS NEIGHBORHOOD GO THROUGH CHANGE.
WHAT I LEARNED TODAY FROM THEIR PRESENTATION.
I WASN'T INVITED TO EITHER THE OUTREACH MEETINGS BECAUSE I DIDN'T RESIDE ON [INAUDIBLE] OR JUPITER BEACH.
THE FIRST ONE IS THAT PRECEDENT THAT WOULD BE SET BY ALLOWING A BUILDING OF THIS SIZE AND MAGNITUDE WOULD BE PLACED ON ALTERNATE A1A.
IT'S NOT ARCHITECTURALLY COMPATIBLE.
I CAN IMAGINE ONCE YOU SET THAT PRECEDENT, CAN YOU IMAGINE A STRING OF SUCH BUILDINGS DOWN ALTERNATE A1A? IS THAT WHAT THIS TOWN WANTS? SECOND CONCERN DEALS WITH THE TRAFFIC.
LET ME TELL YOU ABOUT THE TRAFFIC ON ALTERNATE A1A DOWN NOW BECAUSE I GOT TO GO OUT EVERY DAY, YOU GOT TO COME IN EVERY DAY.
IT'S A CHALLENGE BECAUSE THE BRIDGE IS CLOSED AND EVERYBODY IS BEING ROUTED DOWN THERE.
YOU SEE TRAFFIC BACKED UP FROM INDIAN TOWN ROAD, PAST [INAUDIBLE] RIGHT NOW.
YOU SEE TRAFFIC BACKED UP GOING NORTHBOUND FROM THE CENTER STREET LIGHT DOWN TO [INAUDIBLE].
IT'S BECOMES ALMOST IMPOSSIBLE AT TIMES.
WHILE THE PROJECT WILL BE COMPLETED WELL AFTER THE BRIDGE, I AM CONCERNED ABOUT TRAFFIC BACKING UP THE OLD JUPITER BEACH ROAD ENTRANCE RIGHT THERE.
I WOULD LIKE TO SEE HOW THAT IS GOING TO IMPACT THAT INTERSECTION.
I CAN TELL YOU RIGHT NOW, YOU GOT TO BE BRAVE IN ORDER TO TURN SOUTH ON ALTERNATE A1A.
WHAT HARPER SAID, WHAT I SAW, THE MAJORITY OF IT I LIKED.
I TEND TO AGREE WITH THE APPLICANT.
THERE'S NOT GOING TO BE ANY 75 BOOT BOATS IN THAT CANAL.
NOW THAT I KNOW THAT THE MARINA IS INTENDED FOR DOCK, A BOAT STORAGE BASICALLY OR BOAT SLIPS FOR OVERNIGHT.
I DON'T BELIEVE YOU'RE GOING TO SEE A HUGE AMOUNT OF BOAT TRAFFIC IN THAT CANAL, I'LL FREELY ADMIT NOT LIVING ON [INAUDIBLE] OR EITHER JUPITER BEACH.
I DON'T HAVE ANY COMMITMENT TO THAT.
IT'S NOT GOING TO AFFECT ME. THAT'S ALL I HAVE TO SAY AND I APPRECIATE YOUR TIME. THANK YOU.
>> WE HAVE THE NEXT COMMENT CARD IS FROM MR. THOMAS LABUN.
MR. LABUN, YOU CAN STEP TO THE PODIUM.
YOU HAVE THREE MINUTES TO SPEAK.
>> GOOD EVENING. I'M THOMAS LABUN.
I LIVE AT 225 DEMANTE WAY, WHICH IS NOW OLD JUPITER BEACH ROAD AND.
I WANT TO BE IN OUR SIX MONTHS, BUT AS THE PREVIOUS SPEAKER SAID, IT'S A REAL CHALLENGE TO COME AND GO ON THAT ROAD.
I'M IN THE CONSTRUCTION BUSINESS AND ONE OF MY CONCERNS IS DURING THE CONSTRUCTION PERIOD, WHERE ARE ALL THE TRUCKS GOING TO GO? IT'S GOING TO BE AT LEAST A TWO-YEAR, THREE-YEAR PROJECT.
THERE'S ALREADY A NIGHTMARE NOW, EVEN IF THE US1 BRIDGE GETS COMPLETED, IT'LL BE A NIGHTMARE FOR A LONG TIME COMING AND ADDING 120 VEHICLES POSSIBLY I'M TRYING TO PICK VEHICLES A DAY TO THAT INTERSECTION THERE'S GOING TO BE A NIGHTMARE.
[02:15:02]
PEOPLE WILL COME DOWN OLD JUPITER BEACH ROAD.IF THERE'S AN ACCESS TO THE SITE OFF OF THAT ROAD, THAT WILL MAKE IT AWFUL FOR THE PEOPLE WHO LIVE BACK IN THERE.
THERE'S 20, 10 HOMES, PLUS THERE'S PROBABLY 30 HOMES THAT ARE DOWN THAT ROAD AND DURING RUSH HOUR, BOTH COMING AND GOING AND IT'S A NIGHTMARE.
YOU JUST CAN'T GET OUT OF THERE.
SHE WOULDN'T TRY TO TURN LEFT.
I FIND THE CHALLENGE ENTERTAINING.
GO ACROSS AND SEE IF I CAN TURN LEFT.
SHE'S NOT GOING TO DO THAT AND MOST PEOPLE WON'T.
I DON'T HAVE MUCH TO ADD TO WHAT'S ALREADY BEEN SAID.
THE STAFF HAS DONE A GOOD JOB PICKING APART THEIR PROPOSAL.
IF THERE WAS LONG-TERM PLAN TO DEVELOP NORTH ON ALTERNATE A1A FOR BUILDINGS JUST LIKE THAT, I THINK THAT'S A GREAT START, BUT I HAVEN'T SEEN THAT.
I THINK THIS MIGHT END UP BEING ONE OF A KIND.
IF YOU ALSO LOOK AT COMMERCIAL REAL ESTATE, OFFICE SPACE, MOST PEOPLE AREN'T BUILDING THAT ANYMORE BECAUSE PEOPLE ARE WORKING FROM HOME.
I WOULD QUESTION AND HOW THEY ACTUALLY CAN JUSTIFY A LARGE COMMERCIAL OR COMMERCIAL OFFICE SPACE THERE IN ADDITION TO THE SPACE THAT THEY NEED. THAT'S ALL I HAD TO SAY.
>> THANK YOU. OUR NEXT COMMENT CARD IS FROM MS. SIERRA HECTOR.
MS. HECTOR, IF YOU CAN STEP TO THE PODIUM.
YOU HAVE THREE MINUTES TO SPEAK.
>> HI, I'M SARAH ECKHARDT, 212D MULTIWAY.
BASICALLY, I'LL JUST MAKE SOME GENERAL COMMENTS THAT YOU'VE ALL BROUGHT UP ALREADY.
I HAVE CONCERNS ABOUT THE DENSITY, THE HEIGHT, THE SCALE, PARKING, AND THE TRAFFIC AS EVERYONE HAS ALREADY MENTIONED.
>> THE NEXT ONE IS FROM MISS BARB TITALLE.
AND FORGIVE ME IF I MISPRONOUNCED THEM.
IF YOU CAN STEP TO THE PODIUM.
WE'RE A SMALL BOUTIQUE SUBDIVISION OFF OF OLD JUPITER BEACH ROAD.
WE'RE ARE A LOT OF SNOW BIRDS IN THERE SO NONE OF THE SNOW BIRDS WERE ABLE TO ATTEND THE MEETING THAT THEY SAID THAT THEY HELD.
THE PROPOSED DEVELOPMENT, DESPITE ITS POSITIVE ASPECTS, RAISES CONCERNS ABOUT ITS COMPATIBILITY WITH THE CURRENT ZONING REGULATIONS.
THE SUBJECT PROPERTY DESIGNATED AS COMMERCIAL WITH ZONING CODE OF C2, GENERAL COMMERCIAL IS PART OF THE CENTER STREET A1A REDEVELOPMENT OVERLAY.
THIS ZONING CLASSIFICATION IS TYPICALLY ASSOCIATED WITH THE RANGE OF COMMERCIAL ACTIVITIES INCLUDING PERSONAL SERVICES, RETAIL STORES, MARINA FACILITIES, AND MEDICAL CLINICS.
THE EXISTING ZONING REGULATIONS PLAY A CRUCIAL ROLE IN MAINTAINING THE CHARACTER AND BALANCE OF THE LAND USE IN THE AREA.
THE FIVE STORY OFFICE BUILDING AND MIXED USED ELEMENTS, SUCH AS THE WATERFRONT CAFE AND RESIDENTIAL UNITS, MAY INTRODUCE A LEVEL OF INTENSITY THAT DEVIATES FROM THE SURROUNDING LAND USES, POTENTIALLY DISRUPTING THE ESTABLISHED ZONING BALANCE.
WHILE THE PROPOSED DEVELOPMENT CLAIMS TO BE CONSISTENT WITH THE TOWN OF JUPITER'S COMPREHENSIVE PLAN AND THE FUTURE LAND USE ELEMENTS, THE DECISION TO MAINTAIN THE CURRENT ZONING REGULATION SHOULD BE CAREFULLY CONSIDERED.
ALTERING THE ZONING TO ACCOMMODATE THE PROPOSED PROJECT MAY LEAD TO A PRECEDENT THAT ENCOURAGES FURTHER DEPARTURE FROM THE EXISTING ZONING FRAMEWORK, POTENTIALLY COMPROMISING THE NEIGHBORHOODS OVERALL CHARACTERS.
LIKE EVERYBODY ELSE HAS REITERATED, MAKING THAT LEFT SOUTH TURN, ALL THOSE CARS COMING OUT OF THIS BUILDING BACKING UP TRAFFIC OFF AT OLD JUPITER BEACH ROAD.
HEY, I GOT TO GET OUT THERE AND PLAY PICKLEBALL.
IF I CAN'T MAKE THAT SOUTH TURN, IT'S JUST A NIGHTMARE.
SO I WOULD REALLY WISH YOU WOULD RECONSIDER HAVING ACCESS TO OLD JUPITER BEACH ROAD.
ALTERNATE A1A HAVE AT IT, BUT OLD JUPITER BEACH ROAD, I INVITE YOU-ALL TO COME TO MY HOUSE, HAVE A CUP OF COFFEE, TRY AND LEAVE TO GO TO WORK.
COME TO MY HOUSE AT NIGHT FIVE O'CLOCK FOR A GLASS OF WINE.
IT'S GOING TO BE IMPOSSIBLE. THANK YOU.
>> WE HAVE THREE OTHER COMMENT CARDS.
ONE FOR MR. BE A CORN, CHRISTINE MCCOLLOUGH, AND GEORGE FALL WHO DO NOT WISH TO SPEAK?
>> STEP TO THE PODIUM. YOU HAVE THREE MINUTES TO SPEAK.
I LIVE AT 126 DMR [INAUDIBLE] JUPITER, FLORIDA.
MY FAMILY'S BEEN HERE SINCE 1929, WERE PIONEERS HERE.
[02:20:05]
MY BIG CONCERN, IF YOU ALLOW OTHERS TO GO THROUGH, YOU SHOULD NOT HAVE AN ACCESS ON OLD JUPITER BEACH ROAD.THREE OR FOUR CARS LEAVING AT THE SAME TIME AND ONE CAR COMING THE OTHER WAY, IT'S A NIGHTMARE TO GET THROUGH BECAUSE A LOT OF THOSE PEOPLE WHO LIVE THERE NOW, THEY PARK ON OLD JUPITER BEACH ROAD AND IT'S ALMOST IMPOSSIBLE TO GET AROUND THERE.
IT'S LIKE, WHO'S GOING TO DODGE FIRST? IT'S VERY HARD TO GET THROUGH THERE.
IF YOU PUT THAT AMOUNT OF TRAFFIC COMING OFF THAT DEVELOPMENT ON THE OLD JUPITER BEACH ROAD, YOU'RE NOT GOING TO BE ABLE TO MOVE.
EVEN NOW, MY WIFE AND I, WE DON'T NEED TO TURN LEFT ON A1A.
WE GO RIGHT TO CENTER STREET AND THEN DECIDE WHAT WE'RE GOING TO DO FROM THERE BECAUSE IT'S ALMOST IMPOSSIBLE TO GET ACROSS TURNING LEFT WITH THE BRIDGE OUT IN THIS PROJECT AT THE SAME TIME, IT'S GOING TO BE A NIGHTMARE, ABSOLUTE NIGHTMARE.
THANK YOU. THAT'S ALL I HAVE TO SAY.
>> SO DELIBERATIONS NOW, IF I REMEMBER CORRECTLY.
ANYBODY WANTED TO KICK IT OFF OR WHAT? GO AHEAD.
>> I REALLY HAVE SOME SERIOUS CONCERNS ABOUT THIS, ALL THE WAY THROUGH.
STAFF DID A GREAT JOB ON WHAT THEY PUT TOGETHER.
THEY WERE VERY ARTICULATE AND FOR US TO EVEN CONSIDER SOME OF THIS IS JUST BEYOND THE PALE.
FOR ME, I HAVE A CONCERN THAT NOT ALL THE RESIDENTS WERE NOTIFIED.
IT SOUNDS LIKE WE MISSED WHOLE SWATHS, THE NEIGHBORHOOD THAT WEREN'T A PART OF THIS, AND THE RESIDENTS THAT WERE HERE EXPRESS THEIR CONCERNS, WHICH I APPRECIATE ALL YOUR COMING DOWN HERE.
IT STARTED OUT AS NOT CONSISTENT WITH THE COMPREHENSIVE PLAN, THE BUILDING HEIGHT.
THAT'S JUST, TO ME, IS A NONSTARTER, EVEN WITHOUT EVERYTHING ELSE. THAT'S THE WAY I FEEL.
>> I THINK THIS IS A DEPENDENT SOON BE COMING BEFORE US AT THIS TIME BECAUSE I THINK THERE'S JUST TOO MANY CHANGES AS FAR AS WHETHER IT'S THEIR MASS HEIGHT, DENSITY NUMERIC, THE MARINA WATERWAY, TRAFFIC, LANDSCAPING, PARKING, WHERE DO WE START? I THINK THIS HAS TO GO BACK AND I THINK THIS NEEDS TO GO TO WHERE STAFF AND THE APPLICANT WORK ON THIS AGAIN, BECAUSE I DON'T HAVE ANY MOTION TO AT THIS TIME, BUT I DON'T FEEL PRETTY GOOD ABOUT MOVING FORWARD WITH THIS. THAT'S FOR SURE.
>> I SHARED THE SAME SORT OF THE OTHER COMMISSIONERS.
ONLY THING I'D ADD WAS THE TRAFFIC ON OLD JUPITER BEACH ROAD NEEDS TO BE ADDRESSED BECAUSE THE RESINS ARE BEING TRAPPED IN THERE.
EVEN NORTH, THE NEXT ROAD ABOVE, IT'S VERY DIFFICULT TO GET IN AND OUT OF THOSE TWO LOCATIONS, SO WE NEED TO FIND SOME WAY TO ADDRESS THE TRAFFIC.
>> MY BIGGEST CONCERN IS THE PRECEDENTS THAT THIS SETS FOR THE ENTIRE AREA.
IT'S GOING TO BE SOMETHING ENTIRELY UNIQUE AND DIFFERENT THAN ANYTHING ELSE SURROUNDING FIVE STORY BUILDING VERSUS WHAT IS THERE NOW, WHERE YOU'VE GOT WHAT DUNE DOG AND ENTERPRISE.
THEN WE'RE GOING TO HAVE MANY THOUSAND NORTH THERE.
IT LOOKS LIKE A BEAUTIFUL PROJECT, DON'T GET ME WRONG.
IT LOOKS LIKE IT MAY BE THE WRONG LOCATION.
>> I AGREE WITH WHAT YOU JUST SAID WITH RESPECT TO LOCATION.
IT IS A GOOD PROJECT AND IN A DIFFERENT LOCATION, IT WOULD BE SUPER.
>> IT WOULD BE SUPERB IN A DIFFERENT LOCATION.
BUT THE HEIGHT IS JUST SO INCONSISTENT WITH THE HISTORICAL CHARACTER OF THE AREA THAT IT DOESN'T EVEN COME CLOSE.
YOU ADD TO THAT ALL OF THE OTHER ISSUES THAT WE'VE MENTIONED, INCLUDING TRAFFIC BEING A HUGE ONE.
I JUST DON'T SEE IT BEING A DESIRABLE THING FOR THE TOWN OF JUPITER.
>> I AGREE WITH ALL OF YOU. BUT IT SOUNDS TO ME LIKE GETTING OUT ON OLD JUPITER BEACH ROAD IS A ISSUE EVEN WITHOUT THIS PROJECT, THAT NEEDS TO BE ADDRESSED SEPARATELY.
BUT THIS PROJECT, TO ME, IT WOULD JUST BE A NIGHTMARE TO LIVE THERE.
I ALSO, LIKE YOU SAID, THE SNOW BIRDS WERE NOT INVOLVED IN THESE MEETINGS.
JUST THE PEOPLE AS A WHOLE THAT MANY PEOPLE ARE IMPACTED, NOT JUST THE PEOPLE ON THOSE TWO STREETS.
[02:25:01]
SO I THINK TO ME THAT'S A HUGE ISSUE RIGHT THERE.CERTAINLY THE HEIGHT AND THE INCONSISTENCY.
I SAID YOU'RE THINKING, WHAT BUILDING DO WE HAVE THAT BIG? IT'S THE HOTEL DOWN AT THE END.
THAT'S ABOUT ALL I COULD THINK OF.
>> JOHN, JUST FROM A MECHANICAL STANDPOINT, IS EVERYBODY SORRY.
>> NO. I CONCUR WITH ALL OF MY COMMISSIONERS.
THIS COULD BE A GREAT PROJECT SOMEWHERE, ANOTHER LOCATION.
IT'S JUST NOT WHERE WE ARE RIGHT NOW IN OUR CURRENT LANDSCAPE WITHIN OUR COMMUNITY.
>> THANK YOU. JOHN, FROM A MECHANIC STANDPOINT, IF WE DECLINE THE APPLICATION, DOES THAT START A CLOCK WHERE THEY CAN'T RESUBMIT FOR A PERIOD OF TIME, OR IS THERE A WAY WE COULD CONSOLIDATE THIS OPINION BUT STILL ALLOW THEM TO NOT BE PRECLUDED FOR TWO YEARS FROM RESUBMITTING [INAUDIBLE]?
>> SO YOU'RE NOT TAKING A FINAL ACTION, YOU'RE MAKING A RECOMMENDATION TO THE COUNCIL.
IF THE COUNCIL WERE TO DENY THE PROJECT, IT WOULD BE SUBJECT TO A RESUBMITTAL LIMITATION.
THE SAME APPLICATION OR FOR A REHEARING, YOU HAVE ANOTHER ITEM ON YOUR AGENDA TONIGHT TO ADDRESS THAT VERY SUBJECT, ACTUALLY.
>> MR. BARRETT, DID YOU HAVE SOMETHING TO ADD TO THAT?
>> JUST WAS GOING TO SUGGEST [INAUDIBLE], YOU'RE MAKING A RECOMMENDATION AND YOU CAN MAKE A RECOMMENDATION TO APPROVE THE PROJECT WITH CONDITIONS ALTHOUGH I DON'T UNDERSTOOD THAT THERE WERE NOT ANY CONDITIONS MOSTLY BECAUSE THE CONDITIONS COULDN'T RENDER IT CONSISTENT WITH THE COMPLIANT AND LAND DEVELOPMENT REGULATIONS.
OR YOUR OPTION IS TO RECOMMEND DENIAL OF THE PROJECT.
YOU HAVE TO CONVINCE THEM TO THE COUNCIL.
>> I MAKE A MOTION TO RECOMMEND DENIAL OF THE PROJECT TO THE COUNCIL.
>> SECONDED. AS WHAT'S BEEN SECONDED, ALL IN FAVOR?
>> ANY OPPOSED? WE'RE GOOD. THANK YOU.
I THINK WE HAVE ONE MORE ITEM HERE. I KNOW. ONE MORE.
>> EXCUSE ME, COMMISSIONER [OVERLAPPING]
>> BEFORE WE GO FURTHER BECAUSE YOU GUYS SAID IT THE SAME TIME, I WANT TO CLARIFY WHO SECOND THE MOTION.
>> ITEM 4, APPLICATION FOR REHEARING,
[5.B.4. Application for Rehearing]
TOWN INITIATOR ZONING TEXT AMENDMENT.>> GOOD EVENING, EVERYONE. GOOD EVENING, COMMISSION.
THANK YOU. FOR THE RECORD, THAT SHOULD HURT PLANNING AND ZONING DEPARTMENT.
THE APPLICATION THAT WE DO HAVE BEFORE YOU TONIGHT IS TO AMEND THE APPLICATIONS FOR REHEARING SECTION WITHIN THE TOWN CODE.
IT'S A RESULT OF THE INPUT THAT STAFF RECEIVED DURING THE DEVELOPMENT OF APPROVALS ROUNDTABLE THAT WAS HOSTED ON OCTOBER 17TH, 2023 BY THE TOWN COUNCIL.
DURING THAT ROUNDTABLE, STAFF DID EXPRESS THE NEED FOR FURTHER CLARIFICATION WITHIN THIS SECTION TO JUST JUSTIFY AND CLARIFY THE PROCESS THAT MUST BE FOLLOWED FOR APPLICATIONS THAT ARE BEING RESUBMITTED.
THE CURRENT CODE SECTION STATES THAT IF ANY APPLICATION IS DENIED, THE APPLICANT MUST WAIT A MINIMUM OF 24 MONTHS IN ORDER TO RESUBMIT A PROJECT ON THAT PROPERTY.
THE TOWN COUNCIL DID EXPRESS THEIR DESIRE WITHIN THE ROUNDTABLE TO KEEP THE TIMEFRAME AT 24 MONTHS WITHIN THE CURRENT CODE SECTION.
AGAIN, JUST UNDERSTANDING THAT THERE NEEDED TO BE CLARIFICATION ON THAT PROCESS WITHIN THE CODE SECTION TOO.
SINCE THE ROUNDTABLE HAS OCCURRED, STAFF HAS CONDUCTED FURTHER RESEARCH ON THE SURROUNDING MUNICIPALITIES ON THEIR PROCESS IN DEALING WITH SUCH ISSUES.
YOU'LL FIND THAT RESEARCH IN ATTACHMENT A OF YOUR PACKET DID OUTLINE JUST THEIR TYPICAL PROCESS, THEIR OUTLINES, THEIR TIMELINES.
THEN TONIGHT WE JUST ARE PRESENTING YOU WITH THOSE PROPOSED CHANGES OF THAT CODE SECTION IN LINE AND BASED ON THE FEEDBACK THAT WE RECEIVED FROM TOWN COUNCIL WITHIN THAT ROUNDTABLE MEETING.
THEN JUST THOSE SUGGESTIONS AS WELL, CLARIFYING THAT PROCESS WITHIN THE CODE SECTION, ADDRESSING THE SHORTFALLS AS IT'S WRITTEN, WHILE MAINTAINING THAT 24-MONTH PERIOD AS TOWN COUNCIL WISHED.
[02:30:04]
WITH THAT, I'D BE GLAD TO TAKE ANY QUESTIONS YOU MIGHT HAVE.>> AGAIN, THIS IS NOT IF WE DENY THE APPLICATION, BUT IF THE TOWN COUNCIL? QUESTIONS OR THOUGHTS ON THIS?
>> I HAVE ONE QUESTION. YOU'VE MADE IT 24 MONTHS.
I LOOK AT YOUR ATTACHMENT A OF THE MUNICIPALITIES YOU REVIEWED, IT LOOKS LIKE 71% OF THEM OR SO ARE ONE YEAR IN JUST THE REMAINDER OF 24 MONTHS.
WHY DID YOU CHOOSE 24 AS OPPOSED TO 12 MONTHS?
>> TWENTY-FOUR MONTHS IS THE STANDARD THAT'S OUTLINED WITHIN THE CODE CURRENTLY, AND THAT WAS THE DIRECTION THAT WE RECEIVED FROM THE TOWN COUNCIL WHEN WE HAD THE ROUNDTABLE
>> I HAVE A QUESTION. MY UNDERSTANDING IS THEN, SO SOMEBODY SUBMITS, THEY GET DENIED 24 MONTHS FROM THEN, THEN THEY CAN RESUBMIT, SO WHATEVER PROPERTY THAT IS OR WHATEVER PLAN OR DEVELOPMENT THEY PLAN TO DO LIES FOLLOW FOR 24 MONTHS AND NOTHING CAN HAPPEN WITH IT.
>> IT WOULD BE ANY APPLICATION.
>> SO THE COUNCIL USUALLY GIVES THE APPLICANT AN OPTION TO WITHDRAW IT, AND IF THEY DON'T WITHDRAW IT AND THEY DISAPPROVE IT THEN THAT'S CORRECT. IS THAT NOT RIGHT?
>> BUT THE APPLICATION IN THIS INSTANCE WOULD HAVE TO BE WITHDRAWN BEFORE THE HEARING.
>> CAN WE SLOW DOWN JUST SECONDS, SORRY.
WITH THE LANGUAGE IN THIS CODE WHICH SPECIFICALLY STATES THAT THE APPLICATION WOULD HAVE TO BE WITHDRAWN EIGHT DAYS BEFORE THE HEARING.
>> BEFORE THE HEARING. [OVERLAPPING]
>> THAT'S A BIG CHANGE. CORRECT ME IF I'M WRONG.
RIGHT NOW IT SEEMS LIKE AN APPLICANT GOES BEFORE TOWN COUNCIL AND BEFORE COUNCIL VOTES, THEY HAVE A, WELL, THIS DOESN'T LOOK LIKE IT'S GOING TO GO THROUGH, WE GIVE THE APPLICANT A CHANCE TO WITHDRAW IT, AND IF THE APPLICANT DOESN'T, THEN THAT'S WHEN IT, BUT THIS IS SAYING EIGHT DAYS BEFORE, IS THAT CORRECT?
>> YEAH, THAT WAS A RECOMMENDATION FROM THE TOWN ATTORNEY THAT THAT PUT AN ORDER TO FOLLOW THE PROCESS OF THE QUASI-JUDICIAL THAT REALLY THEY ARE NOT AFFORDED THAT RIGHT WITHIN THAT PROCESS.
>> WHAT WOULD HAPPEN IF THE PERSON SOLD THE PROPERTY?
>> FOR THE NEW PERSON, THEY HAVE TO WAIT THOSE 24 MONTHS?
>> SO IT FOLLOWS THE PROPERTY?
>> EVEN IF THEY CHANGE THE USAGE ON THE PROJECT?
>> THIS IS EFFECTIVE IMMEDIATELY, IS THAT RIGHT?
>> WHEN IT GETS ADOPTED BY THE COUNCIL.
>> HOW DO WE RECOMMEND A REDUCTION IN TIME?
>> THAT WOULD BE BASED ON AMENDMENT WITH YOUR RECOMMENDATION.
>> SO WE COULD MOVE TO APPROVE THE PROPOSAL SUBJECT TO ONE-YEAR INSTEAD OF TWO-YEAR PERIOD?
>> YOU CAN MEET THAT CONDITION ABSOLUTELY, OR WHATEVER RECOMMENDATIONS YOU WOULD LIKE TO MAKE. [OVERLAPPING]
DOES IT MAKE A DIFFERENCE IF IT'S ONE YEAR OR TWO YEAR? I KNOW IT'S A HAMMER THAT YOU GUYS HAVE TO USE.
>> WE'RE JUST FOLLOWING. WE JUST PRESENTED WITH THE DIRECTION WE WERE GIVEN BY THE COUNCIL.
>> DO YOU HAVE AN OPINION, ONE OVER THE OTHER?
>> YEAH, I HAVE OPINIONS, BUT I HAVE A DIRECTION.
>> I DO THINK AS WE'VE SEEN IN CERTAIN SITUATIONS WHERE IT DOES INCENTIVIZE TO PUT THE BEST [OVERLAPPING] PLAN FORWARD.
>> THE BEST PLAN FORWARD AS OPPOSED TO THE LITTLE MICKEY MOUSE.
>> TO HELP YOU GUYS INTO COMING OUT WITH THE BEST PRODUCT POSSIBLE FOR THE COMMUNITY.
I JUST THINK A BIGGER STICK PROMOTES THAT SITUATION FOR US TO GET THE BEST BENEFIT FOR THE COMMUNITY.
>> TWELVE MONTHS IS STILL A LONG TIME.
>> AT WHAT POINT YOU CROSS THE LINE IT BECOMES INEFFECTIVE TO BE PUNITIVE?
>> TO ME ONE YEAR IS A BIG STICK TOO.
>> IS THERE ANY NOTION TO LOOK INTO THE REQUEST FOR DELAYS OR RESUBMITTALS, IT SEEMS LIKE I'VE SEEN SOME INSTANCES WHERE THEY KEEP RESUBMITTING AND RESUBMITTING AND WE ALWAYS GIVE THEM MORE TIME.
IS THERE ANY NOTION TO LOOK INTO THAT AND TO TRY TO RING THAT PROCESS IN?
>> NOT SPECIFICALLY. BUT CASE IN POINT WITH THIS LAST APPLICANT, THEY WERE MAKING REFERENCE TO THINGS THAT THEY HAD NOT SUBMITTED, BUT THEY HAD CONTEMPLATED WITHIN THE LAST 24-48 HOURS.
THAT WASN'T PART OF THE APPLICATION THAT WAS BEFORE YOU.
THOSE THINGS HAPPEN AND IT'S DIFFICULT TO SOMETIMES REAL THAT IN WHEN THEY'RE MAKING COMMITMENTS OR PRESENTATIONS TO YOU.
IF WE'RE ASKED, WE CAN REFUTE THAT.
[02:35:03]
>> BECAUSE IT'S NOT IN OUR REPORT.
>> IF IT'S NOT IN YOUR BOOK, THAT'S NOT WHAT'S BEFORE YOU'RE CONSIDERING.
IF THEY WANT TO AMEND THEIR APPLICATION, IT SHOULD GO THROUGH THAT PROCESS.
>> IT FEELS TO ME LIKE IT'S DOUBLY PUNITIVE IF YOU WERE TO SAY IF THEY WERE TO SELL THE PROPERTY, THE NEW PERSON COULDN'T DO ANYTHING EITHER.
SO THE PROPERTY IS LIKE NOT SELLABLE.
[OVERLAPPING] NOTHING CAN BE DONE WITH IT.
>> THE SELLER WOULD HAVE TO DISCLOSE THAT AS PART OF THE SALE PROCESS TO ANY POTENTIAL PURCHASER.
IF THE PURCHASER HAS GOT A GOOD ATTORNEY REPRESENTING THEM, THEY'RE GOING TO ASK, ARE THERE ANY PENDING ZONING ISSUES OR ANYTHING, SO THEY SHOULD KNOW.
>> I AGREE WITH YOU, BUT I'M NOT SURE THAT THAT'S THE BEST WAY TO HANDLE IT.
IF SOMEBODY WERE COMING HERE AND THEY PROPOSE SOMETHING THAT'S TOTALLY OFF BASE, AND THEN THEY SAY, YOU KNOW WHAT? TOWN JUPITER IS NOT WORKING FOR ME.
I'M GOING TO SELL THIS PROPERTY AND SOMEBODY ELSE COMES IN WITH SOMETHING THAT IS APPROPRIATE.
FEELS LIKE BUYING [OVERLAPPING] STUFF FROM NEW PERSON FROM DOING SOMETHING.
>> THE BUYER IS GOING TO KNOW THAT THOUGH.
>> NO, I KNOW THEY'D KNOW THAT BUT WHY WOULDN'T WE LET SOMEBODY ELSE COME IN WITH BETTER IDEAS OR TOTALLY DIFFERENT IDEAS?
>> BECAUSE SMART DEVELOPERS WILL FIGURE OUT A WAY AROUND THAT BY JUST CHANGING THE OWNERSHIP ENTITY.
ALL OF A SUDDEN THE PROPERTY IS SOLD, IT'S THE SAME PEOPLE BUT THEY'RE JUST [OVERLAPPING] THE NAME, AND THEN THEY RESUBMIT IT AND THEN THEY TOTALLY GO AROUND THIS FOR THAT 24 MONTH THING.
>> MR. CHAIRMAN, JUST TO MAKE AN OBSERVATION AND HAVING SAT THROUGH PROBABLY A THOUSAND MEETINGS LIKE THIS, WE HAVE AN APPLICATION THAT COMES IN BEFORE YOU OR THE COUNCIL HAS AN APPLICATION THAT COMES BEFORE IT, AND IT HAS A STAFF REPORT THAT SAYS IT'S NOT CONSISTENT WITH THE COMPREHENSIVE PLAN.
IT DOESN'T MEET THE FOLLOWING SPECIAL EXCEPTION CRITERIA, IT DOESN'T MEET THE FOLLOWING SITE PLAN CRITERIA.
AS SOMEONE WHO HAS REPRESENTED DEVELOPERS, I THINK THAT IS A STRONG SIGNAL ABOUT WHATEVER MY CLIENT'S APPLICATION MIGHT BE GOING.
THAT'S WHAT THIS POLICY IS INTENDED TO DO, IS TO SAY, CONSIDER YOUR OPTIONS HERE BECAUSE IF YOU INSIST ON GOING FORWARD, AS DID THIS APPLICANT, THE RANGE OF EXPECTATIONS GETS PRETTY NARROW.
>> IT ACTUALLY ENHANCES THE ROLE THAT THIS COMMISSION PLAYS DOES IS IT ASKS THE MESSAGE TO BE SENT. THE CLOCK TICKS.
>> DO WE WANT TO 12 MONTHS, 24 MONTHS?
>> I'LL JUST THROW THIS OUT THERE, GET THE BALL ROLLING.
MOVE TO APPROVE THE RECOMMENDED CHANGES SUBJECT TO CHANGING THE TIME FRAME TO 12 MONTHS TO 24 HOURS?
>> DO WE WANT TO HAVE ANY MORE DISCUSSION BEFORE WE VOTE? DO WE NEED TO VOTE ON THE MOTION?
>> WELL, I THINK THERE'S A REASON WHY THEY PUT 24 MONTHS IN THERE AND WE SHOULD USE THAT TOOL.
I JUST WE'RE JUST HAVING DISCUSSIONS RIGHT NOW.
I JUST FEEL LIKE THAT'S THE REASON THEY PUT IT IN.
THERE HAD TO BE A GOOD REASON, SO WE MIGHT HAVE SAY.
>> WELL, IT'S BEEN MOTION AND SECONDED, SO WE DO VOTE.
THE MOTION IS TO RECOMMEND THIS WITH 12 MONTHS AS OPPOSED TO JUST 12 MONTHS.
ALL IN FAVOR OF THE 12 MONTHS PROPOSAL, SAY I.
CAN WE DO A ROLL CALL, PLEASE?
>> I GUESS CYNTHIA DOESN'T VOTE.
>> IF YOU'D LIKE, WE CAN DO A ROLL CALL. LET'S DO THAT.
>> RAISE YOUR HANDS. IF YOU'RE IN FAVOR.
>> YEAH IN FAVOR OF THE 12 MONTHS.
>> DO WE GET A SECOND MOTION AND OTHER MOTION?
>> I MAKE A MOTION TO APPROVE THE STATE OF WONDER, IT'S 24 MONTHS FOR APPROVAL FOR TO RESUBMIT YOUR APPLICATION.
[02:40:01]
>> ALL OPPOSED. SO AGAIN, THAT'S A RECOMMENDATION TO THE TOWN COUNCIL.
COUNCIL IS GOING TO MAKE A DECISION.
>> IS THE EXPECTATION LOOKING TO VOTE ON IT SOON, COUNCIL?
>> IT IS GOING INTO THE DECEMBER TOWNS.
>> IS THAT EVERYTHING? JOHN, DID YOU WANT TO GIVE AN UPDATE?
>> THERE WASN'T MUCH TO REPORT.
WE HAD TWO ROUND TABLES THAT WERE CONDUCTED BEFORE THE TOWN COUNCIL.
ON OCTOBER 17TH WE HAD THE DEVELOPMENT APPROVALS WHICH INCLUDED DISCUSSION AROUND THE PUD WAIVER PROCESS, PUBLIC BENEFIT, ADMINISTRATIVE APPROVALS, AND REHEARINGS BEING SUBJECT TO THAT 24-MONTH HOLD, WHICH IS WHY WE BROUGHT FORWARD THIS ITEM, IF THAT WAS A CLEAR CONSENSUS.
SOME OF THE OTHER ITEMS WE STILL NEED TO WORK ON AND MAY HAVE OTHER AMENDMENTS COMING FORWARD TO YOU, ONE OF WHICH WAS SURROUNDING THE PUD BONUS FOR TWO-MINUTE BONUS THAT CAN BE REQUESTED WITH BEAUTIES.
AND THEIR REQUESTS WAS THAT'D BE TIED THAT BE TIED TO WORKFORCE HOUSING.
ON NOVEMBER 8TH, WE HAD A ROUND TABLE RELATED TO THE AVOCADO TOWN CENTER APARTMENT COMPLEX THAT WAS PROPOSED THAT YOU HAD SEEN THAT ZONING TEXT AMENDMENT SEVERAL MONTHS AGO? THEY INDICATED THEY WOULD LIKE TO SEE THAT APPLICATION COME BACK WITH THE ACTUAL SITE PLAN AND SUB DISTRICT PLANS.
IN THE COMING MONTHS, YOU WILL SEE AN APPLICATION COMING FORWARD FOR THE PROPOSED DEVELOPMENT ON THAT PROPERTY, AND THEN IT'LL IT'LL CATCH UP WITH THE ZONING TEXT AMENDMENT WHEN IT GOES BACK TO COUNCIL FOR CONSIDERATION, SO THEY'LL SEE THOSE TWO CONCURRENTLY.
>> CITY HALL UPDATE FOR ANYONE.
[6. STAFF UPDATE]
>> WE EXPECT TO BE GETTING STOCKING PERMIT, WHICH MEANS WE CAN START TO HAVE FURNITURE MOVED INTO THE BUILDING AND PREPARING IT FOR OCCUPANCY.
PROBABLY, I THINK IT WAS THIS FRIDAY OR MONDAY, THEY EXPECT THAT MAY HAPPEN, AND THEN WE ANTICIPATE HAVING A TEMPORARY CO ON THE MIDDLE OF DECEMBER.
I THINK IT'S DECEMBER 15TH OR 16TH, AND THEN WE WOULD HAVE A MOVING COMPANY COME IN ON THE WEEKEND TO MOVE EVERYTHING OVER AND BE OPEN FOR BUSINESS? I BELIEVE IT'S THE 19TH, BUT JUST BEFORE THE HOLIDAYS.
THEN THE FIRST COUNCIL MEETING IS ANTICIPATED TO BE ABLE TO JANUARY 16TH, AND ON THAT SAME DAY THEY'RE ANTICIPATING HAVING A RIBBON CUTTING OPENING CEREMONY, AND THEN FOLLOWING THAT, THEN THE BOARDS AND COMMITTEES WILL START TO MEET AND THAT CHAMBERS IF THEY NORMALLY MEET IN THE CHAMBERS.
NEXT TIME WE'RE NOT GOING TO BE HERE DECEMBER, OBVIOUSLY.
WE DON'T ANTICIPATE HAVING A MEETING IN DECEMBER RIGHT NOW.
WE DON'T HAVE ANY ITEMS TO BRING THE DECEMBER MEETING.
IT'S VERY UNLIKELY THAT WE'LL HAVE ANYTHING.
SO WE'VE ALMOST CANCELED THE MEETING, BUT WE'LL HOLD OFF TO BUTTON EVERYTHING UP JUST LIKE WE SAID BEFORE, THAT'S THE TRUE.
>> WE'D HAD THE JANUARY MEETING OVER IN THE NEW FACILITY.
>> NO, YOU WILL NOT HAVE A JANUARY MEETING.
YOU WILL NOT BE MEETING FIRST BEFORE THE COUNCIL IN THE CHAMBERS.
COUNCIL WILL HOLD THE FIRST HEARING IN THE CHAMBERS, AND THEN THE BOARDS AND COMMITTEES WILL FOLLOW AT SUBSEQUENT MEETINGS.
>> IT'S TIME FOR US. JUST ONE LAST THING, EVERYBODY GOT THE NOTICE ON THE PLANNING WORKSHOP FOR THIS FRIDAY.
[OVERLAPPING] THAT SOUNDS LIKE IT'S GOING TO BE A PRETTY GOOD THING.
MOST OF US ARE ALL PRETTY NEW AT THIS.
>> TO HAVE IT HERE TOO IS GREAT AS OPPOSED TO SOMEWHERE ELSE ARE GOING TO DR. TIM, SO I'LL BE THERE.
HOPEFULLY I'LL SEE SOME OF YOU. GOT YOU ALL THERE.
>> ADJOURNED. THANK YOU, EVERYONE.
>> THANKS.
* This transcript was compiled from uncorrected Closed Captioning.