2013-1017 Regular City Commission Meeting (2)

Home Browse Search

Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida the Applicant is requesting a variance to permit a building height adjacent to Collins Avenue (Phase III) to be 152' -0" where a maximum of 140' -0" is allowed in accordance with Section 265 -37 17.(9)(a)[1] of the Land Development Regulations. 5. Pursuant to Section 265 -I5 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting a variance for the condominium towers in Phase 11 to permit a pedestal front setback to be 0' -0 ", where a minimum of 15' -0" is required in accordance with Section 265 -37 F. (6) (a) [1][a] of the Land Development Regulations. 6. Pursuant to Section 265 -15 of the City of Sunny Isles Beach Land Development Regulations. the Applicant is requesting a variance to permit a pedestal to tower front setback to be IT-7", where a minimum of 25' -0" is required in accordance with Section 265 -37 (Summary Chart B) of the Land Development Regulations. 7. Pursuant to Section 265 -23 of the City of Sunny Isles Beach Land Development Regulations, the Applicant is requesting to transfer TDRs from the TDR Bank of the City in the amount of 38,058 square feet of development rights and three (3) dwelling units. An adjustment to be made for a decrease of 38,058 square feet and 18 dwelling units from the City's Transfer of Development Rights Bank. 8. Pursuant to Section 265-2' ) of the City of Sunny Isles Beach Land Development Regulations. the Applicant is requesting to approve the utilization of private TDRs in the amount of 62,162 square feet of development rights and 29 dwelling units. An adjustment to be made for a decrease of 62,162 square feet and 29 dwelling units from the Private Transfer of Development Rights Bank. Protests 0 Waivers 0 Ex Parte 4 Action: [City Clerk's Note: This item was heard after Item 613.] 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. She then read the applicant's name, location, hearing number, and then asked if there were any ex -pane disclosures from any member of the City Commission. Commissioner Scholl. Commissioner Gatto. Commissioner Levin. and Vice Mayor Aelion said they each met with Joseph Milton and Architect Eduardo Castineira. There were no other disclosures. City Planner Claudia Hasbun reported noting that this Applicant is modifying an existing Zoning approval which consisted of three phases. Phase I consisted of three (3) residential towers with retail and was completed in 2010. The current application consists of two (2) residential towers in Phase 11. and Phase III was approved as a 13 -story office building. She also noted that the City will receive $761,160 for the 38.058 square feet of development rights and three dwelling units that the Applicant is requesting and, if approved. will deposit 10% of this amount within three (3) days of approval. She said this Application is consistent with the City's Comprehensive Plan and generally consistent with the City's Land Development Regulations (LDRs). Staff finds that the height variances requested may be justified due to the depth and size of the lot in Phase III. which is the office building. However, staff finds that Phase 11. the residential towers. the front setback variances requested do not satisfy each of the variances standards. The Applicant also submitted a revised Traffic Impact Analysis which concluded that the intersection of this subject project will continue to operate within the required Level 3