Frank Del Vecchio doesn’t trust the developers of the proposed Bijou at Third and Ocean Drive. Will a proposed ordinance put a damper on their plans? Photo by Erik Bojnansky

Residents of the in-vogue South of Fifth neighborhood have joined together to battle a proposed oceanfront hotel that they say is nothing more than a “Trojan horse” with the purpose of ushering in another loud restaurant and nightclub to their peaceful residential enclave.

Last summer developer Zedek Associates was granted approval from the Miami Beach Historic Preservation Board to build a luxury condominium, the Bijou, at 315-321 Ocean Drive, on the site of the historic but dilapidated Simone Hotel. The severe downturn in South Florida’s condominium market, though, prompted the developer to change the project to a 130-room boutique hotel.

On the surface, the basic structure of the yet-to-be-approved hotel is very similar to the already vetted condominium. But activist Frank Del Vecchio, who lives less than 20 feet from the project, decided to take a closer look. He enlisted the help of renowned architect Jan Hochstim to review the plans. Hochstim, whose family has owned a condominium since 1968 in the same building as Del Vecchio, 301 Ocean Drive, concluded that the plans submitted to the HPB were misleading, and the hotel would double as a nightclub and make life unbearable for its neighbors.

Armed with Hochstim’s research, Del Vecchio began rallying the troops. He contacted the newly formed South of Fifth Neighborhood Association, SOFNA. It put Bijou on the agenda of its July 9 board meeting held at the Continuum, 100 South Pointe Drive. About 40 people attended the meeting, including Commissioners Michael Gongora, Matti Bower and Saul Gross. Commission candidate hopeful Jonah Wolfson was also there.

“How would you feel if a Nikki Beach-type operation would open 15 feet from you?” Del Vecchio asked SOFNA meeting attendees.

Del Vecchio spoke about what he called the “accessory use loophole” in the historic district’s zoning code. Accessory use means hotel restaurants or bars in this district are supposed to only be large enough to serve their hotel guests and not be the main business. Del Vecchio said the rule is exploited by developers, and held up Prime 112 in the historic Browns Hotel at 112 Ocean Drive as an example. The Browns Hotel has nine rooms and a booming restaurant, without any parking. Neighbors complain about the constant line of taxis and cars outside the restaurant, and the valets who race through the neighborhood competing with residents for parking spaces. Residents of the Concord House Condominium, which sits just across the back alley from Prime 112, about 25 feet away, have battled with the city and the restaurant over the smelly garbage and frequent trash pickup, as well as loud employees. Del Vecchio also mentioned Devito South Beach at 150 Ocean Drive, the former site of Joia, as an abuse of the accessory use zoning.

Gross was praised for having put on the July 11 commission meeting agenda a discussion about closing the accessory use loophole. The commission ended up referring the amendment to the Planning Board. Gross told the SunPost he hopes the item makes it onto their Aug. 28 agenda.

The amendment to the code governing permitted uses in the South Pointe residential neighborhood that the Planning Board will discuss reads: “In the R-PS1, 2, 3 and 4 districts, a restaurant or bar which is an accessory use to a main permitted use, shall be limited to one seat for every two hotel rooms or apartment. Validly licensed existing accessory use establishments with more seats as of the date hereof than would be permitted under this provision, shall be considered legal but non-conforming.”

Gross told the SunPost that below Fifth Street on Ocean Drive, restaurants and bars are only allowed as accessory uses.

“Prime 112 is a great business, but it’s supposed to go in a commercial zone, not a residential zone,” Gross said. If his code amendment passes, existing businesses like Prime 112 and Devito South Beach would be grandfathered in.

The SOFNA board voted to oppose Bijou by recommending the Historic Preservation Board turn down its request for approval.

“We are convinced that this is a nightclub masquerading as a hotel,” SOFNA President Gerald Posner said.

The next morning, July 10, Del Vecchio showed up at Miami Beach City Hall for the Historic Preservation Board meeting backed by more than 30 people in tow.

The meeting was a tense, controversial showdown between lawyers from the start. In one corner were Del Vecchio and attorney Kent Harrison Robbins fighting to stop Bijou. In the opposite corner, attorney Carter McDowell represented Zedek Associates. Refereeing was Assistant City Attorney Gary Held. At one point in the hearing, Del Vecchio quipped, “God save us from attorneys.”

The hearing nearly ended before it even started. The Planning Department’s liaison to the HPB, Thomas Mooney, announced that board member Erica Brigham owns an apartment at 301 Ocean Drive, and therefore had a possible conflict of interest, and at the very least, an appearance of one. She could recuse herself from the item, but then there would not be a quorum to hold a vote. The board is required to have five of seven members present for a vote. Diane Downs and James Donnelly were already absent.

Held recommended that the board postpone the item until its next meeting, but Del Vecchio and Robbins countered that they had 22 people prepared to speak, many of whom were busy and important and wouldn’t necessarily be able to come again. Waiting to testify were Zoa Martinez, a two-time Emmy award winner who would be heading to Hollywood after the meeting to do a makeover of Star Jones. Caroline Miller, a former editor of New York magazine, had flown into town for the meeting; and Dan Wakefield, writer in residence at Florida International University, had taken the day off to be there. Robbins argued they could have the hearing for the purpose of preserving testimony, and then hold the vote in September, but McDowell said doing so could cause problems down the line.

“You have a quorum for the purpose of a meeting, but I don’t know that you do have a quorum for the purpose of a hearing for a certificate of appropriateness,” McDowell said. He explained that he didn’t want to leave a procedural challenge open.

Board member Simon Nemni said he didn’t want to waste people’s time by possibly having to hold the entire hearing over again at a later date. He made a motion to postpone the hearing. No one seconded his motion, and Del Vecchio and Robbins’ people were able to give their testimonies. The issues they attempted to address were compatibility of the Bijou with the surrounding properties, relationship to structure and features of the district and the purpose for which the district was created, and the function of the development in relation to the site, adjacent structure and surrounding community.

The plans presented by Zedek Associates proposed a hotel with 130 rooms and a 125-seat restaurant. Hochstim attempted to show the board that the plans were misleading. Hochstim counted 345 seats between the restaurant and bar and pool area, and through careful recalculation showed the hotel’s public outdoor space could actually, by code, accommodate over 1000 people.

 “We can have a total of 995 people eating and drinking and socializing inside and outside, 19.5 feet from our building,” Hochstim said to applause. “That’s the size of a car space. And then 40 people facing Ocean Drive.”

McDowell protested the implication.

“If I might, that’s the maximum possible occupancy that you can use,” McDowell replied.

Arthur Marcus of the Miami Design Preservation League also spoke against approving the project.

“We believe that this project, this nightclub with an accessory use hotel, will diminish the defining historic neighborhood character of this district,” Marcus said. “I mean this is very similar to the kind of concept that operates right now at the Skybar at the Shore Club, or even at the new Regent hotel on [1455] Ocean Drive.”

Jo Manning, who lives at 1460 Ocean Drive, just north of the Regent, talked about being duped into supporting the project, only to regret it.

“On our north end of Ocean Drive we’ve had serious issues with an open bar in a condominium hotel, the Regent South Beach,” Manning said. “This has morphed into a mini nightclub over the last several months, with loud music and concomitant noise of too many patrons milling in an area intended to be a space to have a drink while waiting to be seated at a restaurant.” This open bar is 10 feet from a condominium and butts against its windows.

McDowell had architect Kobi Karp present his plans for the Bijou, and had a sound expert talk about all the sound-mitigating devices like trellises and special material meant to contain the sound within the building.

“There will not be a nightclub on this piece of property,” McDowell said. “This is intended to be an accessory restaurant lounge to serve a boutique hotel. That simple.”

When all the testimony was heard, HPB members had a chance to offer final comments.

“Obviously what professor Hochstim has demonstrated beyond a rereading of the plan is that they are mislabeling the square footage on the second level plan by at least 1,500 square feet in some areas, and that is unacceptable and I’m surprised that was not actually coded before by staff,” HPB member Jean-Francois LeJeune said.

Board Chairman Allan Hall also expressed problems with the Zedek’s presentation.

“I don’t think it’s a business as usual site,” Hall said. “And I think that you’re going to have to convince this board member that there will not be the sound issues that the community spoke to.”

The Bijou will be discussed and voted on at the Sept. 11 Historic Preservation Board meeting. Robbins told the SunPost that if Gross’ accessory use amendment makes in on the Aug. 28 Planning Board agenda, and becomes zoning in progress, it will greatly help his case against Bijou and be a major victory for residents, he believes.

“That would be substantial,” Robbins said.

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