2012-0301 Special Commission Meeting

Home Browse Search

SummaI)' Minutes: Special City Commission Meeting March 1,2012 Sunny Isles Beach, Florida Code and what we refer to as "as of right zoning". What we are looking at here now is the difference between what is "as of right" and what is being presented to us. As ofright, the building can go all the way up to 75 feet in front of Collins Avenue, the building could be 600 feet high, the building could have 104 units instead of 84 units. What we are faced with is a decision that we first have to admit that yes something will get built on this piece of property because it can be built as of right, and what we have before us is an alternative and we have to decide in our own minds whether this alternative is a superior product of what could come before us as an as of right, or reject it and wait for another project to come before us then maybe that one would be as of right. As much as we would like not to have variances or I OO-foot lots we are forced with the reality ofthe situation that we do have 100- foot lots and that variances were created strictly to accommodate a better design for a particular piece of property, and if in the opinion ofthe Commission that it is a better design, then you can create a variance. That is where he stands on this particular project, he thinks that this is a superior product to what otherwise would be a standard product, and based on that he hopes that this project moves forward. Commissioner Aelion said to Commissioner Scholl that he agree with him that maybe the salesmanship process was not done properly, and that information was not transferred in a timely manner, and maybe there was confusion in the process. Taking that into account, and when you say deferred, would that entail better information to the parties that have concern inclusive of Mr. Milton, some sort of compensation for that gravity, or is the project something that you think needs to be revised completely because it is not what is proper for the site. Commissioner Scholl said both, his concern is that it is the developer's obligation to walk in here with his ducks in a row. He believes the developer gets a false sense of security when he gets staff recommendation and when he feels that the Commission is a little bedazzled by a beautiful building. If the neighbors and Mr. Milton were reasonably satisfied he would be voting yes on this project, but he feels we have an obligation to protect them. We are making the rules, when we stroke our pen tonight somebody is going to be making a lot of money and he agrees with the Mayor that there is always a set of tradeoffs. But the tradeoffs have to be reconciled with the other constituents. These lots have rights but he believes it is our obligation to protect the rights of the folks around, and the developer's obligation to not put us in the position that we have to beat this. He would vote for it the way it stands if everybody was happy. Commissioner Aelion said he is hearing a tendency to reject what is before us without clarity, because the Mayor very clearly stated that the alternative to this could be something worse. We cannot prevent development of these high rises because the City has gone this way with a Master Plan, and you were part of the Master Plan. Vice Mayor Thaler said that is a very valid point but we have to make a decision if we want to go forward with this building, or come back with a building that does not need variances. Commissioner Scholl said we don't have to do this tonight, we can let them try to resolve this and bring it back before us. City Attorney Ottinot said that the City Manager has one point that the developer probably would agree on sand restoration. City Manager Cohen said yes, similar to the site plan approvals for the two most recent projects. The Acqualina and Porsche designs, we required that all sands generated from the excavations ofthe properties will remain on site to be used 10