2004 1118 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting November 18,2004 City of Sunny Isles Beach, Florida Property ("Property"), Located at 500 Sunny Isles Boulevard, Owned by Joseph Mazacco Irrevocable Trustee, in Accordance With and Subject to All ofthe Applicable Provisions of the City Code and Section 265-23 of the City's Land Development Regulations ("LDR's") Relating to Transfers of Development Rights ("TDR's"), Including But Not Limited to Sections 265-23,3 (C) and (E) and Section 265-23.4 (C); Further Imposing Certain Conditions Prior to the City's Acceptance ofthe Property and Severance of the TDR's Prior to the Withdrawal of the TDR's from the TDR Bank, Further Authorizing the Mayor to Execute Such Other Documents and Agreements as May be Determined by the City Attorney to be Necessary to Consummate the Conveyance ofthe Property to the City, Sever Development Rights from the Property and Deposit Same to the Credit of the Applicant in the TDR Bank, Subsequent Withdrawal of Said Development Rights at the Request of and for the Benefit ofthe Applicant During the Five Year Period Commencing with the Passage ofthis Resolution, and Recordation of Documentation; and Providing for an Effective Date. Action: [City Clerk's Note: Heard out of order, see action under Item 4A] Acting City Clerk Walker read the title and Clifford Schulman, Esq., asked for a deferral to the December 9, 2004 Commission meeting so he can work with Bud Scholl and staff and others, Mayor Ede1cup said the only way he would entertain a motion for deferral ofthis item is if Mr. Schulman would be willing to bring it back under a different provision and not under the Park Enhancement Bonus Program, but under the normal TDR Ordinance as-of-right zoning. Mr. Schulman said that he did not agree to that, and again asked for a deferral to December 9, 2004. Mayor Edelcup said he would go forward with it and explained to the audience that we have a developer that does not like the story he heard here tonight and is asking for the opportunity to defer it to buy more time. Mayor Edelcup said that the issues are very clear, the developer has a small piece ofland that he wants to add to a big piece of land that we already have and make a park out of it and make millions of dollars as a result of that transaction. Mayor Edelcup said that we will have a park no matter what happens and it is whether or not we want to make a park that includes some 12,000 square feet of a piece of property that is 2/3rds under water, a portion of this, and grant the owner of that park the opportunity of making millions of dollars, and ifhe wants to donate something to us he can come back under our ordinary ordinance for TDRs, Mayor Edelcup passed the gavel to Vice Mayor Goodman to make a motion that the only condition we would have in making a deferral is that it be brought back to us not under the Park Enhancement Bonus but under the TDRs Ordinance, or turn it down tonight. He further clarified that there is a two-acre piece ofland on the end of Sunny Isles Boulevard of which this City has an existing lease with the County for that land (FDOT) and we intend at a future date after all the parking congestion problems have been taken away, to build a park there, and to build a park that has the capability of having a water taxi. He said the proponent tonight has a sliver of land that is over on the southern end of that piece of property that is less than 3/4ths of an acre, 36,000 square feet, but 2/3rds of it is under water and only 12,000 square feet of a proposed 90,000 square foot park is his, the 16