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 need to bring trucks further into the site,not only past Atlantic but closer to North Bay Road. Mr. Schulman said in summary,we have no variances that we are requesting,we are an as-of- right project,a well needed project in this City, it meets and exceeds your zoning code, it is a better traffic plan,and we request your approval of the withdrawal of the application without prejudice subject to the matters that he and the City Attorney will work out. City Attorney Ottinot said that the interested party's lawyer has a right to ask Kobi Karp a question on the Publix issue. Mayor Edelcup said then no questions on the Phase II issue since that has been withdrawn. Tucker Gibbs, Esq. representing Dezer Properties thanked the Applicant for withdrawing Phase II of the project. He asked Mr. Karp, in terms of the parking for the Publix,how many parking spaces are you providing, is it the same amount that you have said on your zoning legend? Mr. Karp said yes,the parking that we are providing is the same. The parking is the same as what was submitted for the record. It is the two levels of parking immediately above the proposed store. Mr. Gibbs said so that is 240 spaces, correct? Mr. Karp said that is true. Mr. Gibbs said his clients have a question about this because we had some issues regarding the actual number of parking spaces in terms of the required parking spaces,and that is one of the reasons why he wants to ask for a deferral. He said the issue is that the parking calculation that Mr. Karp just spoke of,the 240 spaces that they are providing,when we did the count and Mr. Alvarez who is our expert witness can attest to it,the count that he actually makes shows that he has provided 240 [spaces] but 268 spaces are required and for that reason he is asking for a deferral. We can talk to them and get this straight, we have no problem with a Publix here but the concern we have is by you approving it tonight with certain questions unanswered and this is just one of them,we would like to be able to have the new plan with everything on it where there is no questions. By withdrawing parts of this right now, we really don't know for sure what is left, and what his client would like to see,and what he would like to see is an actual plan of the Publix. Another question is the right-of-way. Mr. Schulman said the initial height of the residential parcel, we will deal with that some other time. Right now the only extension will be that particular right-of-way will go into the parking garage for the Publix, and that will be solely its purpose at this particular point in time, and so those are the two answers and Ms. Hasbun can answer on the parking count. Architect Kobi Karp said we can go through it but as our lawyer has said, we meet Code,our intent is to meet Code, and the item that Mr. Alvarez can go into, is how he might be calculating. Publix has a back of house and the back of house is not the same as usable space, and that is where 240 parking spaces are required. Ms. Hasbun said as Mr. Karp has mentioned,the calculation on the parking is not on the entire site. There are certain areas that they are deducting for parking such as the staircase, elevators, and other mechanical rooms. When you discount those areas that is where we come up with, and actually the staff report reflects 232 parking spaces, and 206 spaces and 4 handicapped spaces are required. Mayor Edelcup said then that the amount provided exceeds the amount required. Mayor Edelcup said the other thing he would like to clarify is the 50-foot road that is on the west side of the new Publix,that is part of the Phase I development because you will need that road to get to the back of Publix. Mr. Schulman said we will need that road to access the 8