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HomeMy WebLinkAbout2014-1202 Special City Commission MeetingI 2 3. SUMMARY MINUTES Regular Cite Commission Meeting Thursday, November 20. 2014. 6:00 p.m. Cite of Sunny Isles Beach, Florida ATTENTION ALL LOBBYISTS: CITY LA \Y REOUI RES YOUR REGISTRATION PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF. BOARDS, COMMITTEES OR THE CITY COMMISSION. PLEASE CONTACT THE CITY CLERK FOR FORMS AND ADDITIONAL INFORMATION. AGENDA CALL TO ORDER / ROLL CALL OF MEMBERS The meeting was called to order by Nlayor Edelcup at 6:00 p.m. with the following officials present: Nlayor Norman S. Edelcup Vice Nlayor Isaac Aelion Commissioner Jeanette Gatto Commissioner Jennifer Levin Commissioner George `Bud" Scholl President of Student Council Tim Byrd City Manager Christopher J. Russo Citv Attorney Hans Ottinot Cite Clerk Jane A. Hines. NEW Deputy City'9anager Stan Morris Deputy City Attorney Fernando Amuchastegui PLEDGE OF ALLEGIANCE / INVOCATION Action: Nlayor Edelcup led the Pledge of Allegiance to the flag, and City Manager Russo gave the invocation. '9ayor Edelcup gave opening remarks of decorum. APPROVAL OF'MINUTES 3A. Regular City Commission Meetine — October 16. 2014. Action: [City Clerk's Note: A remised page 5 was disiribated prior to the meeting.] A revised page 5 was corrected with the correct spelling of Edgardo Defortuna. Commissioner Scholl moved and Vice Nlayor Aelion seconded a motion to approve the above mentioned Summary Minutes, as amended. The motion was approved by a voice vote of 5 -0 in favor. 4. ORDER OF BUSINESS ( Additions /Deletions /Amendments) 4A. Request to Hear Items; Change Order of Agenda: Hear Item IOP and Item IOQ after Item SB; Hear Item 10,J after Item 613; Hear Item IOK after Item 6D. Assignment of MRS: Revisions: Item 3A. Summary Nlinutes; Additional Information: Item IOA. "Official" Results of Nov. 4 Election: Withdrawn: Item IOH. Easement to CNIvlB: Deferrals: Item 6C. Chabad; Add -On: Item IOP. Accept Donation from J.'4ilton: Item IOQ. Accept Last Payment from Raanan Katz for Naming Rights. Action: Nlayor Edelcup noted the above changes to the agenda. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion to approve the above changes to the agenda. The motion was approved by a voice vote of 5 -0 in favor. Summary Minutes: Regular City Commission Meeting November 20. 2014 City or Sunm, Isles Beach, Florida SPECIAL PRESENTATIONS 5A. Certificates of Appreciation to be Presented to the Winners of the USA Karate Nationals and the Florida State Championships. Action: Commissioner Levin reported that we have 12 Karate Champions here tonight. The USA National Karate Federation or USA Karate is the national governing bode for the sport of Karate in the United States. Sunny Isles Beach's Damian Bermudez is not only a member of USA Karate, he is also an official Coach and Tournament Director. Mr. Bermudez is the owner of the DB Karate School in Sunny Isles Beach, and together with his instructors have mentored and produced Karate Champions. Commissioner Levin presented Certificates of Appreciation to the following Karate Champions who are also Sunny Isles Beach residents: Vladimir Yuzhakov: National Champion 2014; Lucas Bellomo: National Champion 2014; Elia Markman: National Champion 2012; Mia Cichero: National Champion 2014, 1 3) Gold Medals in 2014; Sebastian Arenas: National Champion 2012, 3 Times Florida Champion: Alexander Bracho: 2 Times Florida Champion. National Champion 2014: Leandro Santos: 4 Times Florida Champion: Mishell Shamis: National Champion 2014. Florida Champion 2012; Hanna Markman: 2 Times National Champion: Mateus Borges: 3 Times National Champion, 2 Times Florida Champion: Jordana Borges: 6 Times National Champion_ 2 Times Florida Champion: and Anthony Ortiz: National Champion 2012, Florida Champion 2014. Mayor Edelcup and the Commission joined Commissioner Levin in congratulating the Karate Champions. 56. A Presentation/Update by the Cite Advisory Committee (CAC) Chairperson Dana Goldman. Action: Chairperson Dana Goldman gave an update on the series of Workshops held by the City Advisory Committee. She said their goal in the Condominium Workshop Series was to serve as a resource and an educational platform for our many residents who live in condominiums. We firmly believe we have accomplished that goal. The last Workshop in our series was entitled "14,77at You Should Know About Condo Living—, and the presenter was Lazaro Gonzalez from the Bureau of Compliance for the Division of Condominiums. He gave a wonderful presentation that was well attended and we are pleased to inform the Commission that he has agreed to speak on subsequent topics on Financials. Financial Statements, Reserves, Budgets, etc. for unit owners, and we will probably have more additional topics. We look forward to continuing with the Workshop Series. [City Clerk's Note: Item IOP was heard after Item 5B. ] Summary Minutes: Regular CaN Commission Meeting November 20. 2013 Ciw of sunny Isles Beach. Florida 6. ZONING: ZONING HEARINGS ARE QUASI - JUDICIAL PUBLIC HEARINGS. 6A. Request of Acqualina Management, LLC, for Property Located at 17875 Collins Avenue for the Following: (Hearing 9PZ2014 -10) Summary The Applicant is seeking approval of site plan modification application for a multi - purpose commercial room addition with an increase of 8,825 square feet of floor area ( "FAR "). The Applicant is also requesting approval of a north side setback variance of 25 feet where 50 feet is required and a parking variance of 2 parking spaces for the multi- purpose commercial room where 30 parking spaces are required. Requests: Pursuant to Section 265 -18 of the Cite of Sunny Isles Beach Land Development Regulations. the Applicant is requesting a site plan modification approval for a multi - purpose commercial space addition with an increase of 8,825 square feet of floor area ('FAR "). The increase of FAR being requested is 9.881 square feet from Section 265 -35 D.(9)(c)[31 (Collins Avenue public streetscape enhancement bonus). 2. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance of Section 265- 35.D(4)(c)[I][b] to permit a 25 foot north side setback for the garage where 50 feet is required. 3. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance from Section 265 -46 B. to permit 2 parking spaces where 30 parking spaces are required for the multi- purpose commercial room. Protests 0 Waivers 0 Ex Parte 3 Action: Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. Mayor Edelcup asked if there were any Ex Parte declarations for this item, and Vice Mayor Aelion, Commissioner Levin, and Mayor Edelcup said yes, they individually spoke to Jules Trump regarding the nature of the Application. City Planner Claudia Hasbun reported the Applicant is seeking site plan modification for an approved development and are requesting an increase of 8,825 square feet of floor area for a multi - purpose commercial room addition. The Applicant is also requesting approval of a north side setback variance of 25 feet where 50 feet is required. They are also seeking a variance of two (2) parking spaces where 30 parking spaces are required. Their Application is consistent with the Land and Development Regulations except a variance is requested. Staff has no objection to the Applicant's Zoning Application with certain conditions. The Applicant shall provide the City with a non - refundable deposit in the amount of 10% of the purchase price of $224.000 for the FAR acquired from the City. for a total deposit of 521400. Public Speakers: Clifford Schulman, Esq.; Brian Degnan; Architect Lam' Freedman: Marc Mogil: Summary ',I inures: Reeular Cite• Commission hfeetine November 20. 2014 Ciry of Sunnv Isles Beach, Florida Clifford Schuman. Esq. representing Acqualina Management, LLC. and the Trump Group, introduced his team here tonight including Stephanie Trump noting that Jules Trump is not here tonight as he is out of the country. He said in September 2014, the Commission approved the new development of the Golden Strand property which is approximately five (5) acres to the north of the existing Acqualina. Their thoughts were to try to build an in- obtrusive structure for a sales center and other multi -use purposes and put it on top of the existing Acqualina Garage in the north part of the property. They requested site plan approval as well as the TDRs and the parking variance. It is their intention to withdraw their request for a parking variance. They believe their valet service can easily handle the 28 cars. They will make other arrangements and work with the City Attorney on a condition that they will either provide parking in other property owned by Acqualina, or in the alternative; enter into a shared parking agreement with the Golden Strand. He put into the record all matters of this Application including all files received of the original Acqualina approval numerated in Section 3 of the Report designated as history; and the Miami -Dade County Zoning Code which was in effect at the time the original Acqualina was approved and that District was called RU -4A. The building was built under the old County Zoning Code, and now they are living with the new Zoning Code for an addition which presents them with a hardship. Brian Degnan, Vice President and Associate General Counsel of the Trump Group and Acqualina Management, noted that Jules Trump wanted to be here tonight but he is traveling abroad. He took this opportunity to thank Mayor Edelcup for his dedicated service to our beautiful City and his leadership as Mayor over the last decade. He spoke for their entire organization in noting their gratitude and admiration for the Mayor's service and vision. Without the support of this great City. they would not have been able to create their world renowned Resort and Residences at Acqualina and the Mansions as well as the exciting and upcoming Palazzo Di Acqualina which is to be named the Estates at Acqualina. They wished \favor Edelcup their very best in his future endeavors especially as a Board member of the Sunny Isles Beach Foundation. He also thanked the City Attorney. Citv Manager. staff. and the rest of the Commission for all their hard work and support for their organization and their projects over the years, and they look forward to continue working with the City. Brian Degnan said the Acqualina Ocean Residences and Resort has grown from an idea to the City's only Five -Star Five- Diamond Resort and Spa, and only one of a few in South Florida. Critical to their business and brand is the ability to deliver exceptional service at its highest level to their guests and customers. This multi - purpose commercial space will give their company the flexibility to support that growth. The low profile design was designed to be subtle and integrated into Acqualina with minimal impact. The interior design will give their team members additional office and meeting space as well as sales and leasing office space which includes a model unit for their future projects. Any model unit will not have a functional kitchen on the interior, it will be a typical sales office sales center model unit. Everything they do in this regard is geared towards delivering on the promise of the Acqualina experience. These proposed spaces represents not only investment in Acqualina but also a testament to their continued dedication to Sunnv Isles Beach. Cliff Schulman said the difference in the Codes is drastic. The Acqualina was built in the RU -4A provisions of the Code, which he incorporated into the record. which allowed their parking garage to be 25 feet in from their property line on the north side as well as the south side. and that is what it is, 25 feet, today that would have to be 50 feet. They have designed 4 Summary Minutes: Regular City Commission Meeting November 20, 2014 City of Sunny Isles Beach. Florida this space to fit on top of the existing parking garage. Both the existing parking garage and this facility in a minor way cuts through that 50 -foot line. In fact, the parking garage is pulled back a little further than that 25 feet. It is in- obtrusive and blended into the Acqualina, it is only a one -story structure. From an FAR point of view. we built the Acqualina too soon because today they could have built a 5.98 FAR project, instead what we have, even when we include this addition of 4.05 FAR project which means that we could have built under today`s regulations 30% more square footage that we have now with this addition because the rules have changed. Lam Freedman. Architect, presented renderings of the proposed project noting the area in green that represents the landscape buffer. The building is actually set back from the face of the garage approximately six (6) feet off of Collins Avenue. It is located above the service parking garage area. It is very low profile, one story, low ceilings, and he also showed photo - graphics depicting the new addition. The intent here is to use the architectural vocabulary of the original Acqualina design. Cliff Schulman said that they would be withdrawing their request for a variance for the parking, and he handed the City Attorney the language. Mayor Edelcup opened the public hearing and heard from Marc Mogil who said he is against this and all other density variance applications on the calendar today. Cliff Schulman said for the record that this is not a density variance, in fact they could build 381,393 square feet more on this project if it was built today; it is a 30% reduction in the permitted density. Mayor Edelcup closed the public hearing as there were no more speakers. Commissioner Gatto said it appears to her that this is a self - contained project that does not have impact on the area outside the hotel area, is that correct? Mr. Schulman said that is correct. Commissioner Scholl said typically he would ask if the Applicant spoke to the adjacent property owner, and Mr. Schulman said they are the adjacent property owner, and Commissioner Scholl said that is his point. In this particular case the only impairment would be for the adjacent property owner, and Mr. Schulman said that is correct. Commissioner Levin said your plans are to use it for a sales center for your own property to the north. when that is all done, what are you going to use that room for? Mr. Schulman said it will be meeting rooms without banquet facilities, also additional office space for the management team of the Trump Group. We are Romp to build an actual apartment for sales purposes, and we may also do some re -sales from those offices. Vice Mayor Aelion moved and Commissioner Scholl seconded a motion for approval, subject to staff conditions. Resolution No. 14 -Z -147 was adopted by a roll call vote of 5- 0 in favor. Vote: Commissioner Gatto yes Commissioner Levin ves Commissioner Scholl ves Vice Mayor Aelion ves Mayor Edelcup ves Summary Minutes: Regular City Commission Meeting November 20. 2013 City or Sunny Isles Beach. Florida 6B. Request of 17700 Collins Avenue Owner, LLC for Property Located at 17700 Collins Avenue for the Following: (Hearing 9PZ2014 -14: Project: Residence Inn by Marriott — Sunny Isles Beach) Summary: The Applicant is seeking approval of a site plan application for an 18 -story hotel with 194 hotel rooms and 110,009 square feet of floor area. The Applicant is requesting approval of the purchase of 13,766 square feet of floor area and 0 units from the City's Transfer of Development Rights Bank ( "TDR Bank "). Additionally, the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing. Requests: Pursuant to Section 265 -18 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a site plan approval for an 18 -story hotel with 194 hotel rooms and 110,009 square feet of floor area and with a total Floor Area Ratio (FAR) of 110,009 square feet. 2. Pursuant to Section 265-23 of the City of Sunnv Isles Beach Land Development Regulations, the Applicant is requesting the utilization of public MRS in the amount of 13,766 square feet of floor area and zero dwelling units. An adjustment to be made for a decrease 13,766 square feet of floor area and 8 dwelling units in the City's TDR Bank. 3. Pursuant to Section 265 -63.3 (G) of the City_ of Sunny Isles Beach Land Development Regulations, the Applicant is requesting the use of graphics and murals on a temporary construction fence. (Hear in Conjunction with Item IOJ) Protests 0 Waivers 0 Ex Parte 5 Action: Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the Zoning hearing, and administered the oath to witnesses. Mayor Edelcup asked if there were any Ex Parte declarations, and Commissioner Levin said she met with Cliff Schulman, Robert Finvarb, and Barn Shelomovitz on the Application: Commissioner Scholl met with Barn Shelomovitz and Robert Finvarb to discuss the Application: Mayor Edelcup met with Barry Shelomovitz and Robert Finvarb to discuss the Application, Vice Mayor Aelion met with Barr Shelomovitz, Robert Finvarb and Cliff Schulman to discuss the Application. and Commissioner Gatto met with Barr Shelomovitz, Robert Finvarb and Cliff Schulman to discuss the Application. City Planner Claudia Hasbun reported the Applicant is seeking approval of a site plan application for an 18 -story hotel with 194 hotel rooms and 110,009 square feet of floor area. Additionally. the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing. CurrentIv this property is a one -story commercial building with approximately 14,000 square feet of commercial space. It was built in 1957 and the shopping space is obsolete but in working condition. The property holds an easement and cross - parking agreement with the property adjacent to the north. These agreements are still applicable to the land. The Applicant is requesting approval for the increase of floor area Summare Minutes: Regular City Commission Meeting November 20. 2014 City of Sunny Isles Beach. Florida ratio for a total of 110.009 square feet of floor area. The total contribution for the bonuses for development is 5582,704 and if approved the Applicant shall provide the City with a 10% deposit in the amount of $58,270 which should be made within three (3) days. Additionally. the Applicant is requesting the purchase of 13.766 square feet of floor area and 0 units from the City's Transfer of Development Rights Bank (" TDR Bank"), however for the reduction at the bank it has to be 13,766 square feet and 8 dwelling units. The sale of the TDRs purchased and approval of the purchase will be increasing the floor area since this purchase does not include a residential component. If approved, the Applicant shall provide the 10% deposit, the total purchase price for the TDRs will be $591,938 and the deposit will be $59,195. Based on staff review, the Application is consistent with the City's Land Development Regulations and the Comprehensive Plan. This project meets all the City's regulations and in addition they are not seeking any variances. Staff has no objection to the Applicant's Zoning Application provided that all the conditions stipulated are satisfied. Ms. Hasbun said they are providing 10% for the art requirement which in this case will be 5340,000. and a 10% deposit in the amount of 534.000 will be made within three (3) days. Public Speakers: Cliff Schulman. Esq.: Robert Finvarb; Architect Kobi Karp: Tim Plummer; Tony Schneider:Luis D'agostino: Gloria Taft.: Howard Gordon Cliff Schulman. Esq., representing Robert Finvarb and Residence Inn by Marriott which is an extended stay hotel on the west side of Collins Avenue at 17700 Collins Avenue. He introduced Barry Shelomovitz, also the partner in this project. Architect Kobi Karp, Tim Plummer of David Plummer Associates Traffic Engineers. He introduced into the record the resumes of Robert Finvarb. Kobi Karp and Tim Plummer. Also for the record he incorporated all the City files to this Application including all exhibits and testimony you will hear tonight, copies of the Traffic Report that was done by David Plummer and Associates, as well as copies of the report done by the City's Traffic Engineer the Cordino Group indicating that the Traffic Report that was done by their Consultant was acceptable to the City. Nlr. Schulman said this is an application for 194 rooms. an extended stay hotel. The TDRs they will be paying is $591,000. Bonuses 5583.000, with a total payment to the City of S 1,145.000 more or less. Most important. when Robert Finvarb came to him with this project he said you do as of right projects, you hire a great architect, you make something different, and you provide a needed market to the City that is not presently being met, and that is an extended stay hotel with a price range that can be paid by a regular patron. Some of the hotels on the east side of Collins Avenue room rates are over $1.000 per night. That is not what they wanted to bring to the City. They wanted a place that you could keep your visitors for five (5) or seven (7) days or even longer. They are consistent with the Comprehensive Plan and all the LDRs, and they have a floor area ratio that is 15.000 square feet less than what otherwise would be allowed. Their lot coverage, the amount of buildings sitting on the lot is 17% less than what the Code would allow. Our setbacks are compliant. Our room size, the room size in the hotels on Sunny Isles Beach LDRs is 250 square feet. which is a small unit. Our minimum room size is 303 square feet and we go as high as a two- bedroom for 558 square feet. This is not really a hotel room. this is a real unit. all the units in the building have kitchens. This is a place where you can bring your family, you can cook the food right there, and you can buy food at the brand new Publix that you are going to have about three blocks down in a couple of years. They have more parking than the Code requires, and they have agreed with the staff conditions. He said to let him just explain one thing. staff Condition No. 7 Summary Minutes: Regular City Commission Meeting November 20. 2014 City of Sunny Isles Beach. Florida 14 which was a good safe deposit for the art work, it really is not in your Code, it is not required by law. Nonetheless Cite Attorney Ottinot asked them to make a good faith effort to the City and so we will be making that good faith deposit. Robert Finvarb. developer, said over the past 12 years his company has developed hotels around the country. The hotels are upscale. the price range is from S 175 to S375 depending on the time of year. This is his business, developing these hotels in urban areas, and they become part of the economic fabric of their respective communities. As a condominium developer he lives with these assets once they build them it is not like they are selling off the units; they typically hold these for a long period of time. They have developed 1.400 hotels to date. and they have only sold two and that is because the markets were pretty low. In any event, for the most part they are long term holders of these assets, and they build with that kind of quality in mind. There is a tremendous need for this project in Sunny Isles Beach, with the fantastic buildings going up on the east side of Collins .Avenue, it has obviously eliminated a tremendous amount of hotel rooms. They are going to come in at a much higher scale than what was replaced that is something more affordable and more accessible for the community. The nature of these units is that they all have kitchens and so they are extended hotels. The service model for residents for the most part provide 50% or more of your guests stay, five (5) nights or more which is why we have kitchens in those units. And so it is really a family and business type hotel that should mesh very well with the community. They are not going to have any convention space, it is basically a couple of small board rooms to the extent that anybody wants to have their business meeting in an off -site location. He said he and Barr Shelomoyitz, who is the partner in this property. have known each other for ten (10) years, who has always had a dream of creating a hotel on this site. Architect Kobi Karp presented renderings of this project located on Collins Avenue to Atlantic Boulevard and across to 175" Street, next door to the King David. This project has a unique opportunity to create a drive through which alloys them to connect to Atlantic Boulevard which would relieve the pressure on that block. With foliage and proper graphics it works quite well. They have met with staff who have had some very good suggestions, one of which was that the restaurant on Collins Avenue should be set back. They felt that the loading should be internalized in the building and so the trucks pull in and it is completeh enclosed and encased within the buildine including the ramp that leads to the valet. They felt it would be nice to create an image of a building that is visible on four sides and it allows them to create the stepping back effect which is an as of right design with the intent of the Code that sets back from the street. They used the roofs of the area as green landscaping as mini terraces because they felt the buildings on the Ocean when they look back to the building they should look not onto roofs but they should look upon green spaces. If you look the other way from Atlantic Boulevard, this is the drive through to Collins Avenue, this being the Pinnacle and the King David at the same height as the King David. They met with staff who felt they should create the signage and the art work in a way that is very unique. He presented a 3D Model of the proposed project with the surrounding area, showing a model which he removed the top to show the difference with and without the MRS. Cliff Schulman summed up the project as no variances, as of right project, and he is pleased to bring this project as one of the first projects to improve the west side of Collins Avenue. One Of the things they knew the Commission would be concerned about is traffic in this particular area and so they commissioned a Traffic Study which is required by Code by Tim Plummer of 8 Summary Minutes: Regular City Commission Meeting November 20. 2014 City of Sunny Isles Beach. Florida David Plummer and Associations. Tim Plummer. President of the David Plummer and Associates. said that they met with staff and the City's Consultant to come up with a methodology for the Traffic Study and they looked at five (5) different intersections. This project with 194 hotel rooms and a 2.900 square foot restaurant is a fairly low generator of traffic. In both the a.m. and the p.m. peak hours, the net new trips for the project are about one a minute in- bound, and one every two minutes out - bound, it is about 85 two -way trips. They looked at Atlantic Boulevard as well with the valet situation and pickup drop -offs most of the traffic 90% will be coming in via Collins Avenue. They will have some exiting traffic that will use Atlantic Boulevard to go north on Atlantic to 178" to use the signal to make a left turn to go on to Collins Avenue. That is going to be about 18 or so in the peak hours. that is about one car every three minutes. and so it is a very, low generator of traffic on Atlantic Boulevard as well. They meet all the City standards and all the Comprehensive Plan issues. Cliff Schulman asked N11r. Plummer to analyze an alternative use for the property which is permitted by Zoning Code, and that would be an office use which is a similar type of usage taking place on the north side of City Hall. Tim Plummer showed the comparison and noted that they took a look at the different use if they had 110 square feet of office, and it is double the traffic volume in both the a.m. and the p.m. peak hours and so it is a significant change in traffic if it went with an office project, the peak hours period being 7:00 a.m. to 9:00 a.m.. and. 4:00 p.m. to 6:00 p.m. Mayor Edelcup opened the public hearing, and Tony Schneider of Avila Condominium representing its residents. said not one person was in agreement to alloy this project as the traffic would greatly impact the area. Luis D'Agostino of the Pinnacle handed out a public statement from the Pinnacle Association opposing this project. He said it would greatly impact traffic, it would eliminate egress and ingress in that area, and the left turn is impossible now as many cars are backed up there normally. Gloria Taft is also against this project; it is over powering with 18 stories, and way, too big for the area. We are already congested with traffic, and where is the quality of life. Howard Gordon said this reminds him of the Publix development. He likes the design but the project itself he is against. He doesn't want a concrete canyon on the west side. Mayor Edelcup closed the public hearing. Cliff Schulman noted for the record the gentleman mentioned parking for 194 rooms would be 194 cars, and he asked Robert Finvarb to report based on evidence to tell you what this type of hotel gets in the way of parking. Robert Finvarb said that they currently own and operate six (6) hotels in South Florida and their data shows about a 40% usage rate right now of parking spaces per hotel rooms. People are walking and biking, they are not driving. Commissioner Levin said the people using the cut through where the McDonalds is to drive through to Atlantic in back, that is private property, is that even permitted? She understands that there would not be an issue with the property owner to the north because you just recenth purchased that property. is that true, the NicDonald's parcel? Robert Finvarb said that is correct. Commissioner Levin said the easement for the two parcels, and Mr. Finvarb said it is on record right now and it will remain in place. Commissioner Levin said then that you control it basically. and Mr. Finvarb said that is correct. Commissioner Levin said you said you have a couple of meeting rooms but you don't have any ball rooms and so there will be no parties, events, etc. Mr. Finvarb said right, there are two meetings rooms that are 300 — 400 square feet. They accommodate 10 people each, there are no conference rooms. They can't have major events there. and he has actualh, agreed to a condition with staff to apply for a 9