2008 1218 Regular City Commission Meeting

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Summary Minutes: Regular City Commission Meeting December 18,2008 City of Sunny Isles Beach, Florida 9B.2 An Ordinance of the City Commission of the City of Sunny Isles Beach, Florida, Amending Section 265-5 of the Land Development Regulations Relating to Definitions; Amending Section 265-37 of the Land Development Regulations Relating to Adult Entertainment Regulations in the Town Center District (TCD) and the Amortization of Nonconforming Adult Entertainment Uses Located Therein; Providing for Repealer; Providing for Severability; Providing for Inclusion in the Code; Providing for an Effective Date. (First Reading 11118/08) Action: City Clerk Hines read the title, and City Attorney Ottinot reported, and recommended an amendment to this ordinance that adult use must be 250 feet from a public park, and he forwarded the Second Impact Reports to City Clerk Hines. Community Development Director Robert Solera reported, and presented an aerial map of the City showing the school buffer of2,500 feet, commercial property, and the Town Center District. He noted the current location of adult use is located within the Town Center District, but this area is the gateway to the City and staff does not believe that the entrance to the City is an appropriate location for adult use in light of the secondary effects. Therefore, staff is recommending the shopping centers within the Town Center District which have sufficient parking lots and garages, and are set back far from the front of the property. In the near future the City will install a landscape buffer in front of the shopping centers that will make it difficult to see the retail establishments from the street. City Attorney Ottinot asked the City's Consultant Jack Luft to discuss the City's Green Space Initiative as certain leaflets were distributed in the community indicating that the green space initiative created by the City Commission was created by the developer, and Mr. Luft will clarify that issue. Planner Jack Luft reported on the City's first Comprehensive Master Plan adopted in 2000, and distributed a handout from that Plan. He noted that Option #6 shows Sunny Isles Boulevard, Collins A venue, and a space running from North Bay Road back to Collins A venue as the Gateway Park, this was the preferred alternative, and noted that it was created before any of these properties were redeveloped on the south side and before any of the current property owners were involved. In March 2007 he prepared a major Open Space Park Development Plan still valid today, that responded to several issues that were emerging much sooner than anticipated. They were concerned about population growth as our Comprehensive Plan states according to State law we must provide 2.75 acres of park land for every 1,000 residents, and that works out to be just under 100 acres, 98 acres are taken up by the beach and the State allowed us to count the beach front in our open space. The concern was the beach has a limitation on types of uses, and one of the objectives of the Plan was to provide a much broader array of public uses. We have a good array of parks north of 172nd Street, very few south of that. We also wanted to have a public gathering space, which needs to be compatible with the adjacent area, and to add parking resources. Public Speakers: John Rusnak; Daniel Aaronson, Esq.; Danny Iglesias; James Benjamin, Esq.; Norman C. Powell, Esq.; Ricardo Morales Norman C. Powell, Esq. representing Thee Doll House, asked for a deferral, and submitted eleven (11) various documents relative to this item to City Clerk Hines. Commissioner Scholl noted that we have one landowner that owns over 80% of the retail in the City, and when we draw those concentric circles around schools and parks we come up with a very narrow band, and in the other smaller strip centers there is inadequate parking. 5