2003-1218 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting December 18,2003 City of Sunny Isles Beach,Florida object to is the added revision to Section 265-23.4(c) which would afford them the 80 units, the 4.0, and allow them to hold those TDRs for that length of time without forfeiture. Mayor Edelcup said if we followed the suggestion of our Planners, we could bring this matter back in under the Town Center Zoning. Commissioner Iglesias asked Commissioner Brezin what does she feel that the FAR should be and its relationship to density? Commissioner Brezin said she feels that we should leave it just as it is and refer to it at another time. Commissioner Iglesias said to Commissioner Brezin that then she doesn't believe that we should have an incentive for the City to receive land. Commissioner Brezin said no, she feels there is enough of an incentive and she does not feel that we should give this away. Commissioner Thaler said he agrees with Commissioner Brezin and he thinks it should be kept at the 60 level and not to take it to the 80 level. Mayor Edelcup also said that he believes that 4.0 is too high and that 3.5 may be more appropriate,but in order to pass this Ordinance,defer this section so we can get the rest of the Ordinance passed, and Commissioner Brezin said right, which is the motion that she is making. Clifford Schulman,Esq.,noted a couple of issues in the Ordinance that he would like the Commission to address: 1) there have been a number of projects that have gone through site plan approval already and have had their TDRs approved under the old system,but the exact price has not yet been set, and this Ordinance is unclear and he would like the Commission to clarify it. Mayor Edelcup said that Sayan was the only one he was aware of, so this would not affect that project, and Planning and Zoning Administrator Jorge Vera reminded the Commission that the Regalia also got approved. 2)Mr.Schulman said Commissioner Thaler had indicated only 50,000 out of the bank always leaving a maximum of 100,000, and Commissioner Iglesias said that is from City. Mr. Schulman said the Ordinance says that anyone who wants to withdraw from the bank can only take out 50,000 and it doesn't say public TDRs,and he asked if that could be done,and Mayor Edelcup said yes. Mr. Schulman stated that Sunny Isles Beach land value is going up, and that the Commission has an opportunity to give an incentive to developers, to give the City very valuable land for a public park, not just in the Town Center but anywhere in the City. He stated that if a developer gives the City the land permanently,the City should give him the right to use what he has given the City,either permanently,as Commissioner Iglesias says, or in a reasonable period of time. He feels it is not a Town Center Ordinance,it should be applicable everywhere in the City, and if a developer out of the Town Center in the south part of town wants to give the City three acres, he ought to be able to give the City three acres too because the south part of town deserves a park too, or a school, or a Police Station, but all he is asking is that this Ordinance gives the City an opportunity now, within a space of a few months perpetually,to get parcels of property into City hands and all you are giving back to the developer is rational or reasonable compensation that he can spread to other parts of the City where the Commission has already said that density is acceptable, and to pass the Ordinance on first reading. 11