2013-0108 Special City Commission Meeting

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Summary Minutes:Special City Commission Meeting January 8,2013 Sunny Isles Beach,Florida Action: [City Clerk's Note:A letter in favor of this application was received from Raanan Katz.] Mayor Edelcup gave opening remarks on zoning procedures/decorum. City Clerk Hines read a disclaimer for the Zoning hearing,and administered the oath to witnesses. City Planner Claudia Hasbun reported. She said there is no variance or waiver being requested with this application,and that the City has no objections as the request is consistent with the Land Development Regulations and with the Comprehensive Plan, providing that all conditions specified in the Staff Report are satisfied. Staff finds that use of graphics and murals on temporary construction fencing is warranted. Commissioner Scholl declared Ex Parte communication with Jennifer Altman,Esq.that was representing one of the neighbors, and Vice Mayor Aelion noted that he also met once with the developer and the attorney for the developer and discussed the project and the impact on the adjacent properties. Public Speakers: Cliff Schulman, Esq.; Edgardo Defortuna; Jason Franzum; Martin Goldfarb; Ron Book, Esq.; Jonathan Mofsky, Esq., Rachel Cardello; Ron Choron; John Cardello; Cliff Schulman, Esq. representing Fortune Development Group, and its Principal Edgardo Defortuna,entered into the record the power point presentation and correspondence to Sands Pointe and Jade Beach Condominium Associations. He also introduced the Development team, the internationally recognized Herzog & de Meuron Architectural team from Switzerland and the local group. This is a 2.5 acre site and so we have more flexibility when it comes to the development of the site,and therefore no variances are being requested as part of this application, it is an as of right development. He noted that this group already has two developments in Sunny Isles Beach which are Jade Beach and Jade Ocean. Developer Edgardo Defortuna noted that this is actually their fourth development as they have also done the Le Meridien. They feel very fortunate to have Herzog&de Meuron designing this project as they have done projects all over the world and have over 400 requests a year to represent them in designing projects and they take only a few projects. Presently they have less than 50 projects in their portfolio and those projects takes years to be developed and so they are very selective. This project will take the development in Sunny Isles Beach to a different level because of the number of things that were implemented into this project. As Mr. Schulman had stated, we are very keen to keep everything within the Code. Cliff Schulman indicated that there are no variances being requested, they are requesting approval for 223 units, the previous project (Paramount) had over 230 units, and approximately 35 units less than what is permitted under the Zoning Code. The units will range in size from 1,500 square feet to about 3,400 square feet with a beautiful 10,400 square foot penthouse. We are also asking for approval of the private TDRs and mural construction. The building's width could have been 250 feet,and the building as designed is 201 feet,and so it is narrower on the lot going from the north/south than it could have been under the Code. We are permitted 258 units on the site, we are only building 223 units which is 14% less density. The benefits to the City from this project are: 1)another beautiful project in the City an architectural piece of art on the tax rolls; 2) they have met the bonuses and brings $6.4 Million in additional money for the City; 3)we have also offered as additional mitigation for our curb cut$25,000 donation for cultural and park purposes; 4)we have also agreed to take the City's decorative paving plan and not only do it in front of our own site but to do it in front of the Sands Pointe site,as well as the Jade Beach site. Also,we are going to take those 2