2014-0918 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting September 18, 2014 City of Sunny Isles Beach, Florida Action: [City Clerk's Note: A Protest Letter from Dr. Jack Sinow was distributed prior to the meeting.] Mayor Edelcup gave opening remarks on zoning procedures /decorum. City Clerk Hines read a disclaimer for the Zoning hearing, administered the oath to witnesses, and noted that a Protest Letter was received from Dr. Jack Sinow. Mayor Edelcup asked if there were any Ex Parte declarations: Commissioner Levin said she met with Jules Trump about a month ago and he discussed the project with her; Commissioner Scholl, Mayor Edelcup, Vice Mayor Aelion, and Commissioner Gatto said they each met with him as well. City Planner Claudia Hasbun reported the Applicant is applying for site plan approval for a 5 1 -story residential condominium with 190 dwelling units and 1;089,300 square feet of floor area. The Applicant is requesting to extend the time period to obtain a building permit for an additional 48 months, staff has no objection to this request. The Applicant is also requesting approval of the purchase of Transfer of Development Rights ( "TDRs`) in the amount of 15,797 square feet of floor area and seven (7) dwelling units from the City's TDR Bank. AdditionalIv. the Applicant is requesting approval of the use of mural and graphics on temporary construction fencing. The Applicant is also requesting an extension of the time period to obtain a Building Permit for Site Plan approval. Under the City Code the Applicant is required to pull a Building Permit within 24 months of approval. The Applicant is requesting an additional 48 months for a total of 72 months. The Applicant is proposing to build an overpass bridge to connect with the Acqualina Hotel, and a driveway connection to allow vehicles to enter and exit. The Acqualina property has a Beach Access. Staff is requesting the Applicant to provide a Safety Plan to the City Manager for his approval to ensure unimpeded vehicular access. The City has a right to revoke. The beach access is a violation of Acqualina's safety plan, and such violation impedes the pedestrian access. City Planner Hasbun said the Golden Strand Ocean Villa Resort Association is currently located on the proposed site. The Golden Strand was built in 1980 and it is a 157 -unit timeshare condominium building. Currently the property is under Agreement for sale and purchase dated May 7, 2014 by and between the Applicant as purchaser and Golden Strand Ocean Villa Resort Association as seller. The Applicant is requesting an increase in Floor Area Ratio of 1.9 from bonuses, and the Applicant shall provide the City with a number from the deposit in the amount of 10% of the approved purchase price of $14,517.792.00 for the bonuses required from the City. The total amount of the deposit is $1,451,780.00. The Applicant is requesting an increase of FAR of 0.06 from the TDRs bank account. The Applicant shall provide the City with a note from the deposit in the amount of 10% of the approved purchase price of $1,974,625.00, and the total amount of deposit is S197.453.00. The deposit shall be made within three (3) working days if this is approved tonight. Based on the review of the Application, staff finds that the Application is consistent with the City's Comprehensive Plan, and the City's Land Development Regulations since the Applicant is not requesting any variances. Further, staff does not object to the Applicant's request to use murals and graphics on a temporary construction fence, and their request to extend the time period to obtain a building permit for an additional 48 months. In summary, staff has no objection to the Applicant's Zoning Application. Public Speakers: Clifford Schulman, Esq.,- Jules Trump; Larry Freedman, Architect; Vitaly Pilyayskv Clifford Schulman, Esq. representing GSF Acquisition, LLC. said with him tonight is Jules