2002 0221 Regular City Commission Meeting

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Regular City Commission Meeting Summary Minutes February 21,2002 City of Sunny Isles Beach, Florida package. He emphasized that the right-of-way is not a roadway, but a land area that is on the side of the property. Mr. Price stated that his client had filed a formal zoning application with the City seeking permission to build a particular building. He said they hoped to appear before the Commission within the next two months to present the plan to the Commission, and that in the event that the majority of the Commission does not accept the plan, the deed would be in the City's possession and it would automatically revert back to the City. He suggested that granting the vacation at this time would permit his client to file an application without the need for additional variance requests, as a result of the additional space from the vacated area. The applicant has agreed by covenant that they would maintain the area, and the insurance on this area, and would free the City of any responsibility in regard to this area. Commissioner Edelcup expressed opposition to the request and presented concerns with the process of considering the vacation of the right-of-way in the absence of reviewing the zoning application, that Mr. Price had previously noted would require a variety of variances. He commented that if the City were to grant this vacation, it would in fact be the equivalent of granting a variance without reviewing the developer's site plan through a proper Zoning hearing. He further said that by giving the developer this right-of-way, a small strip of land, you are adding land which could then be counted towards density, and therefore the developer avoids having to ask for as much of a density variance. He also noted that if the City Commission does it this way, the developer does not have to prove a "hardship." Commissioner Edelcup commented that the City would be giving away a strip of public land and receiving nothing in return for abandoning the public purpose. He expressed support for the concept of the King David project and for the reputation of the developer. Commissioner Edelcup moved to deny the requested item; however Mayor Samson asked that the motion be held to allow other members of the City Commission to speak on the issues. Commissioner Kauffman objected to considering the vacation request in the absence of the actual zoning application. Vice Mayor Iglesias expressed support for the request, and emphasized the risk of possible trip and fall litigation if the City continues to retain the right- of-way. Commissioner Goodman noted that the zoning variance application was already set for public hearing on March 21, 2002, and so he said that he is currently opposed to considering the vacation without knowing what building was being requested. Mayor Samson praised Mr. Milton's record of development and his support for the City. Mayor Samson asserted that if the approval of the vacation didn't happen at this time, the developer's project would fail. Vice Mayor Iglesias and Mayor Samson expressed strong support for approval of granting the vacation. Mayor Samson asked Mr. Milton if he would sign an agreement to buy transferable development rights (TDR's) for the equivalent amount of land once the TDR rules are established, and Mr. Milton said "yes." 4