2014-0717 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting July 17,2014 City of Sunny Isles Beach,Florida Warren Stamm, and she also spoke to some residents; and Vice Mayor Aelion noted that he had no communication in regards to this Application. City Planner Claudia Hasbun reported that the Applicant is applying for site plan approval of a mixed-use project which consists of a retail shopping center, Publix Super Market,and we are calling that Phase I of the project,and the Residential Tower is Phase II of the project. If this is approved, the total TDR purchase will reflect a deduction from the TDR Bank of 554,289 square feet and 73 dwelling units,and the monetary impact would be$5,400,115.00, at 10%,the profit of$540,012.00 of the purchase price is required within three(3)days after approval. The history of this site is a very long and exhaustive history. After a long court battle, Publix has filed a new site plan application consistent with the Applicant's zoning regulations and the City's Comprehensive Plan. This application is very similar to the original site plan except with submerged land which is not included in the site plan for density purposes. The site plan application does not contain any variances and complies with the development standards in the applicable zoning district. The Applicant intends to add a Wine/Spirit Store as an additional amenity for its customers at Publix. The Wine/Spirit Store is a permitted use and is exempt from the distance requirements. Based on the fact that the site plan application is consistent with the City's Zoning Code and the City's Comprehensive Plan, staff has no objections to this site plan application. Public Speakers: Clifford A. Schulman,Esq.;Kobi Karp,Architect; W. Tucker Gibbs,Esq.; Marianna Talalaevsky; Guillermo Ramirez; Howard Gordon; Sandra Rosen; Rabbi Chay Amar; Larisa Svchin; Lewis J. Thaler; Arie Steiger Clifford A. Schulman,Esq.representing Publix Super Markets,Inc. said that one of the watch words for Publix is to listen to your customers, and service is our number one goal. Since we have filed this application we have done a lot of listening to our customers,the citizens in our community, and the Commission. What we have decided is that what this City needs more than a 26-story building at this time with 357 additional units is that you need a new Publix. You have a 32-year old Publix,and probably one of the most profitable Publix in the State of Florida on a square foot basis but it does not meet the reputation of the Florida Riviera. We are modifying our application,withdrawing our application tonight for Phase II of this project. Mr. Schulman said that first we would request the approval of the 53,558 square foot Phase I, eliminate the remainder. We would eliminate the request for TDRs from your TDRs Bank because we are not buying 154,000 at this point. We would eliminate the additional time to build this Publix, the 36 months. This Publix will be there well before that period of time well within the 24 months permitted by the Code. We will also suggest that we will submit a revised site plan showing only Phase I with the accompanying data, and that any approval tonight should be based on those drawings being amended,and that all conditions in the Staff Report that directly or indirectly effect Phase II will be changed. Mr. Schulman said second, we sell beer and wine now, we have only been doing it for 32 years well before the school was there. But we have heard the community, we would also amend our plans to eliminate the reference to liquor on the plans at this point of time, and without prejudice to our some day perhaps filing conditional use approval and without prejudice to that. We are willing to basically say at this point in time we will continue to vend what we have been vending for 32 years and that is beer and wine. Keep in mind that no unaccompanied minor will be allowed in the store where there is beer and wine. There will be 6