2004 0401 Regular City Commission Meeting

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Summary Minutes: City Commission Meeting April 1, 2004 City of Sunny Isles Beach, Florida Mayor Ede1cup summarized that at this point, we have gone through the entire process for a year of doing the Town Center planning, and essentially, what he is hearing here today, we have pretty well agreed on every aspect of the Town Center with the exception of the south side of Sunny Isles Boulevard where there are three issues: 1) height of the building; 2) side setbacks; and 3) which form of density should apply to that south side. Ms. Eichner pointed out that there is a road type called a bayfront which also has a 190-foot maximum height. Mayor Edelcup added that issue as the forth issue 4) height for Bayshore. Public Speakers re: the above 4 issues: Henry Kay; Joseph Milton; Cliff Schulman; Roslyn Fabian; Michael Hirsh; Chris Humberstone; Stella Haltern; Kathleen Kennedy; Dominick, owner of La Fusta Restaurant Commissioner Brezin said she is in favor of the birthday cake effect, and Mayor Ede1cup said we should be going for the tall and skinny for open space, we want view corridors. Cliff Schulman commented that we are missing a very essential piece of information that says what this Ordinance is doing compared to the existing zoning entitlements of people in this City. He said that this Ordinance, whether it be llO-feet or anything less than 190- feet, is down-zoning and taking properties which are already entitled to be 190-feet and taking it down. He said the Commission has a right to do it, but you may have to pay the price of doing it, you might want to ask your staff, could you tell us in the Town Center what are the entitlements people presently have and what they will be afterwards, so you can create a balance sheet of who is losing what, because under the various laws of the State of Florida, Bert J. Harris, there is a potential, not a guarantee, that you may have to pay that price, but what you don't have before you is who has 190-feet now and who is not going to have 190-feet tomorrow. Mayor Ede1cup asked City Attorney Dannheisser to opine on Mr. Schulman's comments before second reading of this Ordinance and maybe staff will want to put something together to respond to it. Mayor Ede1cup reminded that what we are doing here is creating a vision and guidelines, we are not creating the actual buildings that are getting built. He said we are just trying to give a builder some guidelines to design a building and still come to the Commission for approval. City Attorney Dannheisser addressed the issue that Cliff Schulman raised earlier. She addressed the issue of Sunny Isles Boulevard, and she asked Mr. Vera what the current zoning is on this property would allow what height, intensity, and density? Mr. Vera said that different parcels have different zones they vary from, we still have the old zoning from Miami-Dade County, we are talking about BUl, BUIA, and maybe BU2, so basically BUIA permits up to 4-stories, and the number of units is 50% of required floor area, and so on 4-stories you may get 1.5 FAR. City Attorney Dannheisser asked Ms. Eichner, with respect to the Comprehensive Plan, the language in the Comprehensive Plan in respect to Sunny Isles Boulevard, when it talks about intensity and density, does it use Page 8 of 13