Since the 2008 Annual Meeting, two new site plans have been approved and one old site plan expired.

In June, a multi use, residential/retail, plan on South Ocean and St. Lucie Court was approved. This plan had many different configurations over the years and the final one was the best of the lot. Sadly there has been no action on the site in 8 months – no permits have been applied for or issued. The plan will expire in June 2009 unless they obtain permits and begin work.

In July the Island Village resort hotel site plan expired (are we surprised?) and subsequently, Catafumo assumed the property and all of its debts. Nothing has surfaced publicly as to a new development proposal for the property BUT – and this is a big BUT – there are rumors that a new proposal may be offered. What we have heard is most disturbing – A plan that includes two 85 FOOT towers of habitable space to make it unique. Are you aware that the two silos at the port, that are considered eyesores, are approximately 90 feet tall? Are they really going to suggest that we can have our own silo structures on the Beach? Do you remember how long and hard we fought for the 45 foot height limitation in the South Beach Overlay? We drew a line in the sand when some suggested a higher limitation in the C-5 zone where this property is located. Architectural features (not habitable) can exceed by 20% to 54 feet. We will follow this VERY closely and certainly keep you informed. We ask now that you be prepared to make your wishes known, in large numbers of people, should such a plan even be considered. We will make it known that South Beach residents will rally against such an invasion of the South Beach Overlay.

A motel site plan, called Deeken Plaza, that had long languished in the system, was approved by the City Commission in November and the Board of Adjustment in January. It is located on one part of the property at the corner of Seaway and Ocean Drive. The approved plan also includes retail space and is much improved over previous plans. We can only hope that this one will actually be built.

I want to take a few moments to discuss the notion of “Conditional Use” because it appears that there is some confusion and misunderstanding as to how this works and how it applies to us. Some examples of when a Conditional Use is required are when someone wishes to build a dock, when someone wants to build a house in R-1 or R-2 zones that exceed 28 feet high to a maximum of 35 feet and when someone wants to put a parking lot in the R-4A zone. To quote from the City Code, “The purpose of the Conditional Use process is to allow, when desirable, uses that would not be appropriate generally or without restriction throughout the particular zoning district, but would, if controlled as to number, area, location or relation to the neighborhood, would not adversely affect the public health, safety, comfort, good order, appearance, convenience and the general welfare”.

Conditional use applications must go through the Planning Board and then to the City Commission. If the Planning Board disapproves the application by a majority 6 out of 10 votes OR if 20% of the property owners within 500 feet are against by returning their notification marked NO, then the City Commission can only approve with a super majority 4/5s vote – or 4 out of 5. This makes Conditional Use a Neighborhood issue – the Commission should be hard pressed to override such neighbor’s opposition. The glitch in the system is that typically, the notification to owners within 500 feet go out AFTER the Planning Board meeting at which it was presented – meaning that property owners might not even be aware that anything is happening and cannot voice support or opposition at the initial phase of consideration – the Planning Board. In the recent past, Planning Board agendas were printed in the Newspaper in a timely fashion – that is no longer the case. Usually, the South Beach Association is informed by the Planning Department when something has entered the system affecting the Beach. However something can slip between the cracks as a Condition Use to build a home on Thumb Point to 35 feet did recently. We found out that it was on the Planning Board agenda when we received the agenda on a Friday as I recall. We did notify some residents in that area and they were able to voice their opposition on the Tuesday evening at the Planning Board. The opposition was such that the applicant withdrew his application. Now we don’t mind serving as the “watch dog” but certainly there has to be a better way. The Land Development Regulations (LDR’s) are currently being rewritten and we trust that Conditional Use notification to neighbors should be revised to make the system really work for the citizens. We have discussed this with the Planning Department Staff.

Now to the most recent Conditional Use Application that was considered by the Planning Board this past Tuesday, February 10th. The City submitted this application to build a parking lot at 309 and 311 South Ocean Drive in the R4A Zone. We sent you an email Newsletter alerting you to this consideration. I don’t want to repeat everything in the Newsletter, but suffice to say that we opposed the application on the basis that the Parking Lot did not meet it’s stated objective to provide the public with additional access to the beach. There is no beach crossover currently available across from the site and that the safety of people crossing A1A at that point is in question as there is no planned road crosswalk at that point. The Planning Board voted 5-4 to deny the application – not the six required – so the application will go the Commission with no recommendation from the Planning Board. Contrary to usual procedure, notifications were sent to property owners within 500 feet BEFORE the Planning Board meeting so as to be able to meet the deadline for the Commission meeting next week (so it can be done!). 77 were sent and, by Tuesday, 17 had been returned. If 16 reply no, then the Commission will need the super majority to approve – over the objections of many. You can follow this in person or live on Channel 27. If you do want more information or have comments, see me at the end of the meeting.

One last tidbit – The Planning Department told me that someone is considering a “Halfway House” at 642 Granada. Halfway to what, I don’t know – We have had no such contact to date.