2015-1119 Regular City Commission Meeting

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Summary Minutes:Regular City Commission Meeting November 19,2015 City of Sunny Isles Beach,Florida believes should be addressed or somehow formulated tonight with a comment or with advice of our City Attorney to include some language that satisfies that concern. Commissioner Aelion said there is also the issue of limited common element use, and why does he bring up the issue, as these structures are built, and this is for the future but it is something that has to be voiced and he thinks it is proper at this time. We are experiencing issues with both condominiums and homeowners,and hotel/condominium owners. Wherein the developer creates,by following the flow of the Code,a bylaws pamphlet together with the creation of the condominium initially before providing for and accepted from before rendering it to the first board. What happens is, many times because the language of, unlike something that is deeded and written in the County Clerk's Court Records,limited common elements like parking spaces,pool cabanas,beach cabanas that are sometimes attached,not attached to units, because of a gray area is created and that language is not always made clear in these bylaws and declarations. So what happens within a few years, issues arise and people are left to inevitably going to litigation on the interpretation of that language. It is extremely important that the developers take that very serious consideration and put in clear language and not leave anything to doubt. He is extremely impressed by the Architects of this project,he thinks while it is huge in its quantification, but its architectural impression is very much in line with the development of the east side of Collins Avenue, architecturally speaking, it is a masterpiece. Commissioner Goldman said she can appreciate all the concerns of the residents in the audience,the issues of traffic impacts and maybe competition in the marketplace but she does view this project as consistent with our evolution as a City with the level of sophistication, luxury and high quality product that really uplifts our City and ultimately our property values. The TDR purchase and the financial benefits to the.City are tremendous,it is going to improve our reserves and fund our Capital Improvement Projects,and so she is certainly in favor of the revenues,the fees, and the TDR purchases that this project will generate. Her only issue is the separation between the buildings. We have this expression that we like tall and skinny and there is one tall and skinny and maybe the other building is not so skinny,recognizing that is where you have your resort and amenities and she knows that there has been some effort to address that, 75-foot as opposed to 100-foot separation but if she could have had any preference it would obviously be to have a little bit more of a view corridor. With that being said, certainly there is really not as much of a view impairment issue because of the fact that the buildings to the west are single-family structures and is not the same scenario that we see in the center or the southern portions of the City where that would be a view impairment issue. That would have been her only preference but overall, beautiful design, win/win for the City, resort destination, and really it is about some progress for our City. Commissioner Levin said she understands everybody's concerns and with regard to the concerns raised by Mr. Shevlin on behalf of Marenas, the sales office was approved and the application for the site plan approval was submitted some time ago. Mr. Shevlin had stated that the President had met with the developer some time ago,yet the Association waited until just two(2)days ago to retain counsel to try to resolve this. One of the questions that she had, and she had discussed this with staff, based upon some language in the documents that were provided, was there any effect on the traffic flow through Golden Shores? Ms. Hasbun said basically when we discussed the traffic concerns in the neighborhood, the intersection along Collins Avenue in front of the project are three(3)intersections and so the fact that somebody 10