2004 0708 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting July 8, 2004 City of Sunny Isles Beach, Rorida meantime we are asking the City Attorney to draw up the Ordinance. Mayor Edelcup clarified that the City would be the sole seller except where a developer buys for its own use and remove cap. 12B. Discussion regarding Submerged Land, Action: Mayor Edelcup reported that there have been a lot of definitions in our Land Development Regulations about calculating FAR and gross property, density, and whether or not submerged land, wet lands, up lands, and all the various forms, just want to make sure that what is in the Ordinance doesn't conflict within itself. Planning and Zoning Administrator Jorge Vera stated that he wanted to get clarification from the Commission regarding the definitions of what submerged land is and how it is applied if it is to be applied to the whole City or to the Town Center area. He said he believed the issue arose during the Town Center area in the strip abutting the canal behind the southern portion of Sunny Isles Boulevard and it could affect several properties especially the ones that have been going through negotiations. He said we need to address this to assure what the FAR is, if submerged land is to be counted toward the FAR and density. He said the discrepancies are between the FAR, gross acre and gross area vs, the lot area, one is contradicting the other up to a point, we need to decide if submerged land is to be counted toward the FAR and density. Mayor Ede1cup said the options are to either not count any of the submerged land in the calculation of the FAR, count it all, or conceivably there could be a compromise and count a portion of it. Commissioner Iglesias said we spoke about that in the last workshop and whatever land you own, you pay taxes on it, and you count it, and they threw out the riparian rights. Mayor Edelcup said he has a problem with submerged land because in some cases we have seen properties where 2/3rds or 3/4s of the land has eroded and become submerged and only maybe a l~ of the property is left and are we going to allow on that l~ property something to be built that would have otherwise been built on that entire property. Public Speakers: Joseph Milton; Cliff Schulman Joseph Milton said that this was discussed at the workshop, as he brought it up with riparian rights because overnight he lost 25% of the land because his surveyor put the property line in the wrong place. He said there are two definitions of density: 1) gross density, which counts the entire acreage including submerged land and upland; and 2) net density, includes only upland, and that this was discussed at the February 8, 2004 Town Center Workshop. Mayor Edelcup said that this Commission can affirm what was said at that Workshop and instruct staff to correct it, or the Commission can disavow if it so chooses. Vice Mayor Goodman asked City Attorney Dannheisser if we did anything to anybody that would harm this, and City Attorney Dannheisser said that she agreed that there is a discrepancy in definitions, the interpretation, every since the passage of the 12