2013-1017 Regular City Commission Meeting (2)

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Summary Minutes: Regular City Commission Meeting October 17, 2013 City of Sunny Isles Beach, Florida Paul Levinson, President of Oceania TO\yer 5 Association and the Oceania Club, said we already have a traffic problem there. The developer has a right to build a property but why must we keep giving these variances. The corner of Sunny Isles Boulevard and Collins Avenue is terrible, their building is the first building and they can't get out half of the time. John Higgins lives at Oceania and he is concerned by construction traffic creating tremendous traffic jams. What is proposed does not fit within the Code. He doesn't quite get the setbacks, maybe they can explain more of what that will do in affecting the sidewalk. City Planner Hasbun clarified that staff is recommending denial of those two setback variances. Mayor Edelcup asked her to clarify the difference between as -of -right FAR and variances because the audience is mixing them together. City Planner Hasbun said this entire project has provided more than 1.4 million square feet of FAR, they have not gotten to that point yet. City Attorney Ottinot said they are within Code with respect to FAR. City Planner Hasbun said they have the right to build 1,428,000 square feet and at this point with the increase they are requesting tonight they are at 1,305,000 square feet. Mayor Edelcup said the only variances we are talking about are setbacks. City Planner Hasbun said the variance is an increase of height on the office building, the average height on the three phases on the setbacks on the two (2) residential towers. Mayor Edelcup said right, and the height being the 12 feet on the office building. Attomev Helfman clarified that then are not seeking a variance of FAR, we are not asking you for any special approvals to make this project any bigger, we are within the permitted density and intensity on this project. There is not a single additional residential unit. We are asking for those variances of setbacks, we understand the concern with the zero setback, we share your concern, it is not our choice to be in this situation. We have some environmental concerns with respect to the waterfront in the back that causes us to have to request it and they understand that staff is recommending that the Commission deny it. With respect to the office building, again, it is approved and it is completely within your Code, the FAR is permitted, the issue is 12 feet of height. Mayor Edelcup said if we were to follow staffs recommendation, the only variances that we are talking about are the height variance, the 212 average or the 152 feet for the office building, and what side setbacks or front setbacks, any? City Attorney Ottinot said that staff is not recommending any setback variances. Mayor Edelcup said so the only thing we are looking at is if we are to follow staffs recommendation is for just the height variance, and City Attorney Ottinot said that is correct. Commissioner Levin said there is only going to be one place for egress and ingress for the office building, is that correct? Architect Castineira said yes, and Commissioner Levin said that will go onto Collins Avenue and that means all the traffic is going to be going southbound, where are they going to be able to turn around if they want to go north? Mayor Edelcup and Commissioner Scholl said Atlantic Isle where they will make a u -turn. Architect Castineira said we purposely avoided having any entrances from Sunny Isles Boulevard because it gets real close to the intersection. FDOT does not allow certain distances, and it creates much more congestion at the intersection and by coming around that alleviates anything from the intersection and the Traffic Report backs that up. It does not create any more congestion in the intersection and then people enter from Collins Avenue which is a much easier way to come in and to leave. He also noted that there is definitely a concern on how do you build that and what sort of impact it has while you are building it. We