2014-1120 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 20.2014 City of Sunny Isles Beach.Florida of the project would•be in increase in FAR and density. If the Application is approved, the Applicant shall provide the City with a non-refundable deposit in the amount of 10%of the approved purchase of$3,014,973 for the TDRs. the total amount of the deposit is$301,480. The Application is consistent with the Comprehensive Plan and the Land Development Regulations except for the variance that is requested. The variances requested may be approved or rejected by the City Commission based on the evidence presented to support the variances. Public Speakers: Stanley Price, Esq.; Kobi Karp, Architect; Dr. Robert Comfeld; Stanley Price. Esq. representing Dr. ComfeldlTNG Holdings. LLC., said this property which is located at the Gateway to the City on the corner of A 1 A and the service road to Sunny Isles Boulevard. This property is somewhat a unique piece of property. Some of the things that are very important in regards to this property should be brought to your attention: 1) This is the largest part of the property on the west side of A 1 A that is not permitted to have an access driveway to the site, and that is because of its proximity to the service road and the traffic that merges into this road that eventually merges into Sunny Isles Boulevard; 2)This property is a pie-shaped property, it is not a regularly shaped rectangular piece of property, which creates issues relating to setbacks; and, 3) This is the only project in this City that is impacted by the overpass. The overpass is closest to this property which creates visual and noise issues relating to this property. They went to Architect Kobi Karp, who has designed many fine projects here and he said tell us what we can do as a matter of right, and because of the shape of the property and because of the City's Zoning Code which is bonus intensive, but the bonuses don't mean anything if you can't actually utilize it on the site. It is in the City's Ordinances that property owners have the right to apply for these bonuses. And so when Mr. Karp did his initial drawing as a matter of right, we comment with the famous birthday cake effect which he passed around. We have to be set back a certain distance as to not go more than five (5) stories in the first segment of this property from A1A, and then we have to set back another distance of approximately 140 feet before we can go to a 10-story type structure, and then we ultimately set back further to the 170 feet, the 17 stories which is in the Code. That is a building as a matter of right. Mr. Price said let's go back and do two things, trace the Zoning law and how it has evolved, and let's talk about this City on how it has evolved. He said he represents Dr. Comfeld and in terms of his history to the City and his contribution to the City, the Newport Hotel has been a very important landmark in the City for many years. He said Mayor Samson's goal here is to build it high and thin, not wide,and so when you talk about variances, you need to understand the history of variances. The original Zoning Codes did not permit variances, after 10 — 15 years the courts found that to be unattainable because of unique circumstances related to properties, and the courts held that you have to have a device, not a remedy to ask for deviations from a Code. In the last 10— 15 years you have new urbanism which means you shift things around on a property to make sense. We redesigned the project, there are 27 stories, and what we did as a trade-off, and by the way, in this birthday cake design that has been circulated here, he can quote all the square footage he put in their application except for 70,000 square feet because that is the bonus he is getting for dedicating the park. So Dr. Comfeld said let me build a park, 140 feet of depth on this busy corner, let me put some green space into the study, let me put sculptures into the park, and let me dedicate this area to the City if the City so desires. He wants to put art galleries in the retail section around this park, and put in 122 residential units which is allowed by the Code, and 150 hotel units which is 15