2004 0603 Regular City Commission Meeting

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Regular City Commission Meeting June 3, 2004 City of Sunny Isles Beach, Rorida 5. SPECIAL PRESENT A TIONS None 6. ZONING: ZONING HEARINGS ARE QUASI-JUDICIAL PUBLIC HEARINGS. 6A. Request of Desert Inn Beach & Tennis Club Assoc. Inc., Owner of the Property Located at 17201 Collins A venue, Sunny Isles Beach, Florida, for the Following (Ocean 4): [Hearing #Z2003-13] 1. Pursuant to Section 265-23 of the Code of the City of Sunny Isles Beach, the applicant is requesting to transfer 112,905 square feet of development rights. 2. Pursuant to Section 265-18 of the Code of the City of Sunny Isles Beach, the applicant is requesting a site plan approval for a 40-story, 281-unit condominium. Protests 0 Waivers 0 Ex-Parte 0 Action: City Clerk Hines read a disclaimer for the Zoning hearing, and read the applicant's name, hearing number, location and then administered the oath to the witnesses for the Zoning hearing. Planning and Zoning Administrator Jorge Vera reported that an amended recommendation was distributed. Public Speakers: Clifford Schulman, Esq.; Charles Sieger, Architect; Tom Daly; Henry Kay; Mary Ann Eicke Clifford Schulman, Esq., representing the applicant, and Charles Sieger, Architect reported. Mr. Sieger presented two models, one with TDRs and the other with no TDRs, and the actual renderings. Mr. Sieger noted that this is a 40-story building, it is slightly under the allowable purchase ofTDRs, approximately 28,000 feet or so, and the building is set far back from the street. Mr. Schulman said that they have reviewed the conditions that were suggested by staff and they had one question, and that Mr. Vera will clarify that as part of his presentation, but with that clarification they have no objections to the conditions of staff, the building is within the Zoning Code and no variances are requested, the TDRs are below that which could have been requested for the site. Planning and Zoning Administrator Jorge Vera reported noting that the difference of the buildings with or without TDRs is about 7-stories. He noted that the condition that Mr. Schulman was referring to is Condition No.6, that the applicant submit prior to the issuance of a Building Permit, evidence to the City of the possession or rights to possession of Transfer of Development Rights equivalent to 65 units and 112,905 square feet, those are the TDRs they are purchasing, He said that those TDRs would be purchased at a future date, it could be from the City, or it could be from an individual 2