2005 0113 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting January 13, 2005 City of Sunny Isles Beach, Florida Marina Apartments Plat Book 157 Page 70 and Accepting a Waiver/Extinguishment of Development/Density Rights, Attached Hereto as Exhibit "1 "; Providing the Mayor to Execute the Release and Authorizing the City Manager to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actio,,: [City Clerk's Note: Also see related action under 6A.l and 6B.l.] City Attorney Dannheisser said that this Resolution approves the release of remainder Tract D from the Unity of Title Agreement for 17070 Collins Avenue Shopping Center Limited. City Attorney Dannheisser said that the swap that we are doing to release Tract D contains an Exhibit 2, a Waiver and Extinguishment of Development Rights on Tract B (less and except 4.56 acres). Other than the 4.56 of 17 acres of Tract B, this Tract B will be extinguished as part of and a condition of the release of Tract D from Unity of Title. Commissioner Brezin moved and Commissioner Iglesias seconded a motion to approve the alternate resolution. Resolution No. 2005-756 was adopted by a voice vote of 5-0 in favor. 10R A Resolution of the City Commission of the City of Sunny Isles Beach, Florida, Extending the Time Required for La Mansion, L.L.c. to Obtain a Building Permit Pursuant to Resolution No. 03-2-75 in Accordance with Section 265-3B (6); Providing the City Manager with the Authority to Do All Things Necessary to Effectuate this Resolution; Providing for an Effective Date. Actio,,: [City Clerk's Note: Mayor Edelcup requested that this item be taken out of order and heard after Presentations] Public Speakers: Stanley Price, Esq. Stanley Price, Esq., reported that he represents Regalia and that they have sought an application under the Code to permit a one-year extension ofthe Building Permit because they have been in litigation since the approval ofthis project and have successfully defended the City's TDR Ordinance and bonus provisions and are now in the 3rd District Court of Appeal and in an administrative proceeding in the 1 st District Appellant Division and would like the opportunity to negotiate a settlement with these neighbors or explore other alternative development schemes for this property which will take until June of2006. Mayor Edelcup noted that the Resolution needs to reflect a date and it was amended to read".. .not to go beyond June 1,2006.'" Commissioner Goodman moved and Commissioner Brezin seconded a motion to approve the resolution, as amended. Resolution No. 2005-757 was adopted by a voice vote of5-0 in favor. Draft 011305 Summa)' Mins.Doc Page 10 of 15