2003-1218 Regular City Commission Meeting

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Summary Minutes:Regular City Conunission Meeting December 18,2003 City of Sunny Isles Beach,Florida Commissioner Iglesias asked City Attorney Dannheisser if she had a copy of what he put in her in-box, and she said yes but not at the dais. City Attorney Dannheisser asked whether the current version reflects that, and Commissioner Iglesias said no. City Attorney Dannheisser said that she had submitted it identically but it was later reviewed by the Planning and Zoning Administrator Jorge Vera and he, in fact, made some revisions to it. Commissioner Iglesias said that was correct and at no time did he or the original drafts include the "Town Center". He stated that after a conversation with Mr. Vera,who felt it was a good idea to put it in, and he didn't disagree to put"Town Center" in, but at no time did he include the Town Center. He also said that it was stated that there was no rationale for a sender site and receiver site be granted ten years to use the TDRs before it becomes extinguished or unusable. He agrees with that statement because he didn't think we should include any years, for the simple reason that what they are doing here is basically giving a caveat for anybody who would be willing to donate land to the City to hold off for it. He questioned why developers should give their land if they have a certain time period that they could lose their TDR. He feels that they are depriving the City of obtaining valuable covenant land that the City could use,so he agrees with the five years to use it when they are buying for the City so somebody doesn't come in and buy it all and later they hold it and they can jack up the price. He said he feels that we blew it in the reverse in allowing any time period because right now anybody that has a lot of land, like Raanan Katz, that may be willing to give three acres or more to the City that we can use right now and knowing that he can be able to use it in the future, now he is going to say "why should I, in five years I may lose it" or the Casino property which the people next to Winston Towers are dying for a park that has three more acres that right now he is saying"if I don't have no period of time, here you go City, build your park,I can use it in the future because I already know that I have a place to put it for the time being,but I can't use it all", they are going to sit back and say"why should I give it now?" Commissioner Iglesias said that knowing that we should use ten years or we shouldn't use any years,and he stated let's get the land for the City, let's use it what we need it for, and let them worry about where they are going to use it because the land is still there anyway. He stated that if the Commission wants to deduct Town Center from user in general,he does not have a problem with it, and what he is saying is much covenant land that we need,we should get. Commissioner Thaler asked Commissioner Iglesias to explain why he wants to go from 60 to 80, and he said because he believed that is what the Comprehensive Plan says. He said you can go up to 80 by Code, the Comprehensive Plan says you cannot exceed the maximum which is 80, if you want to give somebody a caveat to give land, you want to give them a reward. He stated the important thing is, if they want to go 80, it doesn't matter because they have a trash for the TDRs to the receiver site, and the receiver site can only go up to whatever that receiver site is allowed,whether it is 60, 80,30,whatever it is, the people who are going to buy it are the ones that are going to have to adhere to that plan. He stated that as far as FAR, we seem to have a mental block to FAR,even if it is a million FAR you are still governed by the receiver site, they can only use 30% over maximum allowed on each site,chances are they are going to leave it on the table, and in the meantime, who cares, we have the land for the City, you can't lose. 9