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<br />Summary Minutes: Regular City Commission Meeting November 18,2004
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<br />City of Sunny Isles Beach, Florida
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<br />other 80,000 is ours already, and what he wants in exchange for adding that piece ofland
<br />to our park is to make seven or eight million dollars on a million dollar investment.
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<br />City Attorney Dannheisser clarified that the applicant's counsel is objecting to. Mr.
<br />Schulman said he is objecting to the Mayor's comments, his prejudging of an application
<br />that has not been presented, and he asked the court reporter to note that for the record,
<br />and he said he believes that it is the deprivation of the fundamental precepts of due
<br />process, and he believes that he has asked for a continuance and there has been no
<br />showing of prejudice, a continuance was granted earlier in the meeting without question,
<br />without doubt, and the motion you are making is a deferral with basically requesting that
<br />the applicant give up a right to .. ...and Mayor Edelcup said he has a right to hear it
<br />tonight. City Attorney Dannheisser said we need a motion, we have an objection, we
<br />have a motion on the floor, a motion to accept or deny the deferral or accept the deferral
<br />with conditions, we need a second and then you can have discussion, and asked Mayor
<br />Edelcup what his motion is.
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<br />Mayor Ede1cup passed the gavel and moved and Commissioner Thaler seconded a
<br />motion that the applicant withdraw his current request and resubmit it under the
<br />TDR Ordinance that exists for the as-of-right development on that piece of property
<br />and not for the Park Enhancement Bonus, City Attorney Dannheisser said as part of
<br />deferral with conditions, and Mayor Edelcup said that is the condition of the deferral.
<br />Commissioner Brezin said under this Park Enhancement Bonus they would be getting 3,7
<br />in FAR and that would result in giving 136,887 square feet and 67 dwelling units
<br />transferred to a private TDR Bank, under the base unit that the Mayor was just
<br />discussing, it would be a 1.5 FAR and that base unit would give them 21 units, and
<br />under these circumstances the applicant would like to use 1 Y2 acres which we are
<br />planning to improve for a park, and they only have about a ~ acre, 2/3rds of which is
<br />submerged. Vice Mayor Goodman said that the acreage is wrong, the total acreage
<br />including underwater is .83, and Commissioner Brezin said yes, .838, and submerged is
<br />.548, and Vice Mayor Goodman said the land itself is ,29 acres, in other words, a quarter
<br />of an acre, he said he just wanted to clarify it for the record. Commissioner Iglesias said
<br />that he doesn't disagree with everything the Mayor said but that one of the problems is
<br />that we are going to have a park there no matter what, but he said he wanted to make it
<br />clear that the land is not owned by the City, it is leased by the City, and FDOT has the
<br />option within a month to take that land back, so to promise that we will have a park on
<br />FDOT property is something we can't promise, if we have it and we can provide a park,
<br />we will, but the bottom line of how long it is going to be, is subject to FDOT, in addition,
<br />according to what the Right-of-Way Administrator said we have been very lucky getting
<br />land from FDOT for a dollar a year, especially the City of Miami, when the leases are up,
<br />FDOT is going to reevaluate how much it is going to cost, and it may be unfeasible for
<br />the City to lease it because we will have to pay lease price, which is something that we
<br />will have to look at in the future, just for the record. Mayor Ede1cup said it doesn't
<br />matter who builds the park, the proponent or the City, it is leased land from the State and
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