2015-0917 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting September 17, 2015 City of Sunny Isles Beach, Florida City is on the west side of A 1 A and wherever he goes to a shopping center, he will be facing the same arguments. Tomorrow he could put a travel agent in there and he can suggest that there would be a far worse impact on that space. He cannot argue that there will be a traffic issue here because it is not a winning argument. Mayor Scholl said first of all the school has a different intensity level because we dedicate a lot of officers, safety resources to the school in the morning and in the afternoon. Chief Maas said there are nine (9) officers there now. Mayor Scholl said the difference is the intensity around the school is backstopped by the City and so he doesn't think you can compare the two. What Vice Mayor Gatto is saying is the intensity in that residential neighborhood, and it has always been a very controversial issue because the first time it came up, we voted it down, and the second time they saw it was for 25 kids and it was approved. Now we are a 3%2 vote on the kids and double on the space, in a neighborhood, and he believes those deed restrictions were put there for a reason because they didn't want the intensii}v in the neighborhood. But there are alternatives, most of the strip malls are two - stories. It does create traffic issues but the commercial centers are built for traffic, they are not in the middle of a residential neighborhood. Commissioner Aelion said originally when the complex of this commercial center was built exclusively for the benefit of Winston Towers. You are asking to go from 1/6 retail space on the whole allowed of the complex to 1 /3. Secondly you are also asking for a zero variance in outside space which is required for occupied inside capacity of children on the second floor. As to the Mayor's point, it is precisely where you seek an alternative, since you are asking for zero variance of outside space, the venue to facilitate and to basically eliminate that whether the argument is for or against, whether it is traffic or not, it is for the same entity to provide daycare and everybody knows that a second floor of most of the RK Plaza is 1 /3 to %2 empty, and so that is the venue that should be sought in order to expand. Nobody said that they shouldn't get the necessary increase as mentioned about people staying home. The more important point, when you are seeking the application of 1/3 of the total retail space, you are in essence handicapping any future potential varied use of the initial intent of the whole complex, and by strangling this potential future use of the space, it should not be done. Mr. Price said no matter where he goes on the second floor, he is going to be asking for 0 variance of outdoor space because that is the nature of this. Traditionally that shopping area has not been used for the purposes that you described. There is a Temple there that does not restrict its membership to residents of Sunny Isles Beach, there was a bank on that property that does not restrict the customers of Sunny Isles Beach, and a school or daycare is usually placed in the center of a residential area. Commissioner Action said that is not true because doctor offices have come in and out, sometimes they have occupied half to almost a whole space, with dental services, doctor services, paralegal services, etc. If you look at the history you will see that he is correct. Mr. Price said he has made his presentation and he thanked the Commission for listening. Commissioner Levin said she really understands the need for daycare in the City, she does agree that it is not the right place to have it. Kids need to be able to run around and play, and exercise. and she understands that they are not asking for a variance on that. There is no way for traffic to go through the parking lot and so cars go in, and if they go in the wrong way